§150bb. Movement of pests prohibited

(a) In general

No person shall import or enter any plant pest into the United States, or move any plant pest interstate, or accept delivery of any plant pest moving from any foreign country into or through the United States, or interstate, unless the movement is made in accordance with such regulations as the Secretary may promulgate to prevent the dissemination into the United States, or interstate, of plant pests.

(b) Regulations

The regulations promulgated by the Secretary to implement subsection (a) of this section may include regulations requiring that a plant pest moving into or through the United States, or interstate-

(1) be accompanied by a permit issued by the Secretary prior to the movement of the plant pest; or

(2) be accompanied by a certificate of inspection issued, in a manner and form required by the Secretary, by appropriate officials of the country or State from which the plant pest is to be moved.

( Pub. L. 85–36, title I, §103, May 23, 1957, 71 Stat. 32 ; Pub. L. 97–461, §1(a), Jan. 12, 1983, 96 Stat. 2523 ; Pub. L. 100–449, title III, §301(f)(1), Sept. 28, 1988, 102 Stat. 1868 ; Pub. L. 103–465, title IV, §431(c)(1), Dec. 8, 1994, 108 Stat. 4967 .)

Amendments

1994-Pub. L. 103–465 amended section generally, substituting present provisions for former subsecs. (a) to (c) which prohibited movement of plant pests into or through United States unless permitted by Secretary, provided for conditions for granting or refusing permits for such movement, and provided for movement of plant pests from Canada into or through United States only in accordance with such regulations as Secretary may promulgate.

1988-Subsec. (a). Pub. L. 100–449, §301(f)(1)(A), substituted "Except as provided in subsection (c) of this section, no person shall" for "No person shall".

Subsec. (c). Pub. L. 100–449, §301(f)(1)(B), added subsec. (c).

1983-Subsec. (a). Pub. L. 97–461 struck out "knowingly" wherever appearing.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.

Effective and Termination Dates of 1988 Amendment

Amendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties.

Section Referred to in Other Sections

This section is referred to in section 150gg of this title; title 39 section 3015.