§2803. Movement of noxious weeds into or through the United States or interstate

(a) Regulations

No person shall import or enter any noxious weed identified in a regulation promulgated by the Secretary into or through the United States or move any noxious weed interstate, unless the movement is in accordance with such conditions as the Secretary may prescribe by regulation under this chapter to prevent the dissemination into the United States, or interstate, of such noxious weeds.

(b) Permits

The regulations prescribed by the Secretary to implement subsection (a) of this section may include regulations requiring that any noxious weed imported or entered into the United States or moving interstate be accompanied by a permit issued by the Secretary prior to the movement of the noxious weed.

(c) Unlawful sale, purchase, and transportation, and advertisements for unlawful sale, purchase, and transportation

No person shall knowingly sell, purchase, barter, exchange, give, or receive any such noxious weed which has been moved in violation of subsection (a) of this section, or knowingly deliver or receive for transportation or transport, in interstate or foreign commerce, any advertisement to sell, purchase, barter, exchange, give, or receive any such noxious weed which is prohibited from movement in such commerce under this chapter.

( Pub. L. 93–629, §4, Jan. 3, 1975, 88 Stat. 2149 ; Pub. L. 100–449, title III, §301(f)(4), Sept. 28, 1988, 102 Stat. 1869 ; Pub. L. 103–465, title IV, §431(f), Dec. 8, 1994, 108 Stat. 4968 .)

Amendments

1994-Subsecs. (a), (b). Pub. L. 103–465 amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) read as follows:

"(a) No person shall knowingly move any noxious weed identified in a regulation promulgated by the Secretary into or through the United States or interstate, unless such movement is-

"(1) from Canada, or authorized under general or specific permit from the Secretary; and

"(2) made in accordance with such conditions as the Secretary may prescribe in the permit and in such regulations as the Secretary may prescribe under this chapter to prevent the dissemination into the United States, or interstate, of such noxious weeds.

"(b) The Secretary may refuse to issue a permit for the movement of any such noxious weed when, in his opinion, such movement would involve a danger of dissemination of such noxious weeds into the United States or interstate."

1988-Subsec. (a). Pub. L. 100–449 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "No person shall knowingly move any noxious weed, identified in a regulation promulgated by the Secretary, into or through the United States or interstate, unless such movement is authorized under general or specific permit from the Secretary and is made in accordance with such conditions as the Secretary may prescribe in the permit and in such regulations as he may promulgate under this chapter to prevent the dissemination into the United States, or interstate, of such noxious weeds."

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 the date the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on the date the 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 sections 2807, 2809 of this title.