Page:United States Statutes at Large Volume 90 Part 1.djvu/265

 PUBLIC LAW 94-231—MAR. 15, 1976

90 STAT. 215

Public Law 94-231 94th Congress An Act To clarify the authority of the Secretary of Agriculture to control and eradicate plant pests, and for other purposes.

Mar. 15, 1976 [S. 1617]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 102 of Plant pests, the Act of September 21, 1944 (58 Stat. 735, as amended; 7 U.S.C. control and eradication. 147a), is amended to read as follows: "SEC. 102. (a) The Secretary of Agriculture, either independently or in cooperation with States or political subdivisions thereof, farmers' associations and similar organizations, and individuals, is authorized to carry out operations or measures to detect, eradicate, suppress, control, or to prevent or retard the spread of plant pests. "(b) The Secretary of Agriculture is further authorized to cooperate with the governments of all countries of the Western Hemisphere, or the local authorities thereof, and with international organizations or associations, in carrying out necessary surveys and control operations in those countries in connection with the detection, eradication, suppression, control, and prevention or retardation of the spread of plant pests. "(c) In performing the operations or measures herein authorized, the cooperating foreign country. State, or local agency shall be responsible for the authority necessary to carry out the operations or measures on all lands and properties within the foreign country or State other than those owned or controlled by the Federal Government and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary. "(d) As used in this section— Definitions. "(1) '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; "(2) 'living stage' includes the &gg, pupal, and larval stages as well as any other living stage; and "(3) 'State' includes the District of Columbia and the territories and possessions of the United States. " (e) The Secretary of Agriculture is authorized to promulgate such Rules and rules and regulations and use such means as he may deem necessary to regulations, provide for the inspection of plants and plant products offered for export or transiting the United States and to certify to shippers and interested parties as to the freedom of such products from plant pests according to the phytosanitary requirements of the foreign countries to which such products may be exported, or to the freedom from exposure to plant pests while in transit through the United States.

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