Page:United States Statutes at Large Volume 71.djvu/68

 PUBLIC LAW 85-36-MAY 23, 1967

D l s aARiination of plant pests.

Postal laws.

S e i z u r e of ln> fected plants.

[71

ST A T.

(a) "Secretary" means the Secretary of Agriculture of the United States or any other person to whom authority may be delegated to act in his stead. (b) "Properly identified employee of the Department of Agriculture*' means an employee of that Department authorized to enforce the provisions of the Plant Quarantine Act, and wearing a suitable badge for identification, or otherwise properly identified. (c) "Plant pest" means any living stage of: Any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants. (d) "Living stage" includes the egg, pupal, and larval stages as well as any other living stage. (e) "United States" means any of the States, Territories, or Districts (including possessions and the District of Columbia) of the United States. (f) "Interstate" means from one State, Territory, or District (including possessions and the District of Columbia) of the United States into or through any other such State, Territory, or District. (g) "Move" means ship, deposit for transmission in the mail, otherwise offer for shipment, offer for entry, import, receive for transportation, carry, or otherwise transport, or move, or allow to be moved, by mail or otherwise. (h) "Plant Quarantine Act" means the Act of August 20, 1912 (37 Stat. 315), as from time to time amended (7 U.S.C. 151 and the following). (i) "Mexican Border Act" means the Act of January 31, 1942 (56 Stat. 40), as from time to time amended (7 U.S.C. 149). SEC. 103. (a) No person shall knowingly move any plant pest from a foreign country into or through the United States, or interstate, or knowingly accept delivery of any plant pest moving from any foreign country 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 section to prevent the dissemination into the United States, or interstate, of plant pests. (b) The Secretary may refuse to issue a permit for the movement of any plant pest when, in his opinion, such movement would involve a dagger of dissemination of such pests. The Secretary may permit the movement of host materials otherwise barred under the Plant Quarantine Act when they must necessarily accompany the plant pest to be moved. SEC. 104. (a) Any letter, parcel, box, or other package containing any plant pest, whether sealed as letter-rate postal matter or not, is hereby declared to be nonmailable, and will not knowingly be conveyed in the mail or delivered from any post oflfice or by any mail carrier, except when accompanied by a copy of a permit issued under this Act. (b) Nothing in this Act shall authorize any person to open any letter or other sealed matter except in accordance with the postal laws and regulations. (c) The prohibitions of this Act shall not apply to any employee of the United States in the performance of his duties in handling mail. SEC. 105. (a) Except as provided in paragraph (c), the Secretary may, whenever he deems it necessary as an emergency measure in order

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