Page:United States Statutes at Large Volume 106 Part 2.djvu/894

 106 STAT. 1774 PUBLIC LAW 102-393—OCT. 6, 1992 Alien Species Prevention and Enforcement Act of 1992. Hawaii. 39 USC 3015 note. Records. 39 USC 3015 note. "(d) For purposes of this section, 'small-business concern' has the meaning given such term in the Small Business Act (15 U.S.C. 632(a)). "(e) For purposes of this section, 'independent laboratory* means an independently owned engineering and product testing firm, whose primary business activity is not limited to the testing and certification of recycled cartridges.". SEC. 631. ALIEN SPECIES PREVENTION AND ENFORCEMENT.— (a) PESTS IN THE MAILS.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary of Agriculture shall hereafter operate a program, under terms and conditions acceptable to the Postal Service, to protect Hawaii from the introduction of prohibited plants, plant pests, and injurious animals that may oe contained in mail received in Hawaii, except that this subsection shall not apply to mail that originates and is intended for delivery outside the United States. (2) MEMORANDUM OF UNDERSTANDING. —For the purpose of carrying out the program operated under paragraph (1), the Secretary of Agriculture shall enter into a memorandum of understanding or other agreement with the Secretary of the Interior relating to prohibited plants, plant pests, or iiyurious animals under the jurisdiction of the Department of the Interior, (3) REMEDIAL ACTION. —If, pursuant to the program, mail is found to contain a prohibitea plant, plant pest, or injurious animal, the Secretary shall— (A) make a record of the prohibited plant, plant pest, or injurious animal found in the mail; (B) take appropriate action to prevent the introduction of the prohibited material into Hawaii; and (C) determine whether the facts and circumstances warrant seeking prosecution under a law prohibiting the conveyance of a plant, plant pest, or injurious animal. (4) DEFINITIONS.— As used in this subsection: (A) INJURIOUS ANIMAL.— The term "injurious animal" means an animal the importation or interstate shipment of which is prohibited by section 42 of title 18, United States Code. (B) PLANT. —The term "plant" means a plant from any class of plants, or any other article or matter, the importation or interstate shipment of which is prohibited under the Act of August 20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.) (commonly known as the "Plant Quarantine Act"). (C) PLANT PEST. —The term "plant pest" means any organism or substance the importation or interstate shipment of which is prohibited under the Federal Plant Pest Act (7 U.S.C. 150aa et seq.). (b) COOPERATIVE AGREEMENTS WITH HAWAII TO ENFORCE CER- TAIN AGRICULTURAL QUARANTINE LAWS. — (1) AGREEMENT BETWEEN SECRETARY OF AGRICULTURE AND HAWAII. — (A) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture shall offer to enter into a cooperative agreement with the State of Hawaii for a 2-year period to enforce in the State—

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