Page:United States Statutes at Large Volume 71.djvu/70

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Inspections and seizures.

41 Stat. 726. 7 USC 167.

Penalty.

Separability.

Railway cars. Disinfection.

Repeals, etc. 37 Stat. 315. 7 USC 151 note.

PUBLIC LAW 85-36-MAY 23, 1957

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imposing other conditions upon such movement, as he deems necessary to prevent the dissemination into the United States, or interstate, of plant pests, in any situation in which such regulations are not authorized under the Plant Quarantine Act. SEC. 107. Any properly identified employee of the Department of Agriculture shall have authority to stop and inspect, without a warrant, any persons or means of conveyance moving into the United States, and any plant pests and any products and articles of any character whatsoever carried thereby, to determine whether such persons or means of conveyance are carrying any plant pest contrary to this Act and whether any such means of conveyance, products, or articles are infested or infected by or contain any plant pest or are moving in violation of any regulation under this Act; to stop and inspect, without a warrant, any persons or means of conveyance moving interstate, and any plant pests and any products and articles of any character whatsoever carried thereby, upon probable cause to believe that such means of conveyance, products, or articles are infested or infected by or contain any plant pest or are moving subject to any regulation under this Act, or that such persons or means of conveyance are carrying any plant pest subject to this Act; and to enter, with a warrant, any premises in the United States, other than places which may be entered under section 15 of the Plant Quarantine Act, to make any inspections and seizures necessary under this Act. Any judge of the United States or of a court of record of any State, Territory or possession, or a United States commissioner, may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause to believe that there are on certain premises any products, articles, means of conveyance, or plant pests regulated or subject to disposal under this Act, issue warrants for the entry of such premises to make any inspections or seizures under this Act. Such warrants may be executed by any authorized employee of the Department of Agriculture. SEC. 108. Any person who violates section 103 of this Act, or any regulation promulgated under this Act, or who forges, counterfeits, or without authority from the Secretary uses, alters, or defaces any permit or other document provided for by this Act or the regulations thereunder, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $500, or by imprisonment not exceeding one year, or both. SEC. 109. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby. SEC. 110. The Act entitled "An Act to provide for regulating, inspecting, cleaning, and, when necessary, disinfecting railway cars, other vehicles, and other materials entering the Imited States from Mexico," approved January 31, 1942 (56 Stat. 40; 7 U.S.C. 149) is hereby amended by deleting the provision that "the cleaning and disinfection of vehicles or materials necessary to accomplish the purpose shall be carried out by and under the direction of authorized inspectors of the Department of Agriculture," and by substituting therefor the following: "the cleaning and disinfection of vehicles or materials necessary to accomplish the purpose shall be carried out by or under the direction of authorized inspectors of the Department of Agriculture,". SEC. 111. The authority conferred by this Act shall be in addition to authority conferred by other statutes not specifically repealed hereby. Nothing in this Act shall amend or repeal any of the provisions of the Plant Quarantine Act. The Act entitled "An Act to

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