Page:United States Statutes at Large Volume 114 Part 1.djvu/477

 PUBLIC LAW 106-224—JUNE 20, 2000 114 STAT. 441 pests without further restriction if the Secretary finds that a permit under subsection (a) is not necessary. (2) PETITION TO ADD OR REMOVE PLANT PESTS FROM REGULA- TION.—Any person may petition the Secretary to add a plant pest to, or remove a plant pest from, the regulations issued by the Secretary under paragraph (1). (3) RESPONSE TO PETITION BY THE SECRETARY. —In the case of a petition submitted under paragraph (2), the Secretary shall act on the petition within a reasonable time and notify the petitioner of the fingQ action the Secretary takes on the petition. The Secretary's determination on the petition sheJl be based on sound science. (d) PROHIBITION OF UNAUTHORIZED MAILING OF PLANT PESTS.— (1) IN GENERAL.— Any letter, peircel, box, or other package containing any plant pest, whether sealed as letter-rate postal matter or not, is nonmailable and shall not knowingly be conveyed in the mail or delivered from any post office or by any mail carrier, unless the letter, parcel, box, or other package is mailed in compliance with such regulations as the Secretary may issue to prevent the dissemination of plant pests into the United States or interstate. (2) APPLICATION OF POSTAL LAWS AND REGULATIONS. — Nothing in this subsection authorizes any person to open any mailed letter or other mailed sealed matter except in accordance with the postal laws and regulations. , (e) REGULATIONS.— Regulations issued by the Secretary to implement subsections (a), (c), and (d) may include provisions requiring that any plant pest imported, entered, to be exported, moved in interstate commerce, mailed, or delivered from any post office— (1) be accompanied by a permit issued by the Secretary prior to the importation, entry, exportation, movement in interstate commerce, msdling, or delivery of the plsint pest; (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; (3) be raised under post-entry quarantine conditions by or under the supervision of the Secretary for the purposes of determining whether the plsint pest— (A) may be infested with other plant pests; (B) may pose a significant risk of causing injury to, damage to, or disease in any plant or plant product; or (C) may be a noxious weed; and (4) be subject to remedial measures the Secretary determines to be necessary to prevent the spread of plant pests. SEC. 412. REGULATION OF MOVEMENT OF PLANTS, PLANT PRODUCTS, 7 USC 7712. BIOLOGICAL CONTROL ORGANISMS, NOXIOUS WEEDS, ARTICLES, AND MEANS OF CONVEYANCE. (a) IN GENERAL.— The Secretary may prohibit or restrict the importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, article, or means of conveyance, if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into the United States or the dissemination of a plant pest or noxious weed within the United States.

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