Page:United States Statutes at Large Volume 99 Part 2.djvu/388

 99 STAT. 1498

PUBLIC LAW 99-198—DEC. 23, 1985 Subtitle E—Trade Practices TOBACCO PESTICIDE RESIDUES

SEC. 1161. (a) Section 213 of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 51 Ir) is amended by adding at the end thereof the following new subsection: "(e) Notwithstanding any other provision of law: "(I)(A) All flue-cured or hurley tobacco offered for importation into the United States shall be accompanied by a certification by the importer, in such form as the Secretary of Agriculture shall prescribe, that the tobacco does not contain any prohibited residue of any pesticide that has been cancelled, suspended, revoked, or otherwise prohibited under the Federal Insecticide, 7 USC 136 note. Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.). Any fluecured or hurley tobacco that is not accompanied by such certification shall be inspected by the Secretary at the point of entry to determine whether that tobacco meets the pesticide residue requirements. Subsection (d) of this section shall apply with respect to fees and charges imposed to cover the costs of such inspection. "(B) Any tobacco that is determined by the Secretary not to meet the pesticide residue requirements shall not be permitted entry into the United States. "(C) The customs fraud provisions under section 592 of the Tariff Act of 1930, as amended (19 U.S.C. 1592), and criminal fraud provisions under section 1001 of title 18, United States Code, shall apply with respect to the certification requirement in subparagraph (A). Regulation. "(2) The Secretary shall by regulation provide for pesticide residue standards with respect to pesticides that are cancelled, suspended, revoked, or otherwise prohibited under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.), that shall apply to flue-cured and hurley tobacco, whether domestically produced or imported. "(3) The Secretary, to such extent and at such times as the Secretary determines appropriate, shall sample and test fluecured and hurley tobacco offered for importation or for sale in the United States to determine whether it conforms with the Regulation. pesticide residue requirements. The Secretary shall by regulation impose fees and charges for such inspections. "(4) If the Secretary determines, as a result of tests conducted under paragraph (3), that certain flue-cured or hurley tobacco offered for importation does not meet the requirements of this subsection, then such tobacco shall not be permitted entry into the United States. "(5)(A) Subject to subparagraph (B), if the Secretary determines that domestically produced Flue-cured or Burley tobacco does not meet the requirements of this section, such tobacco may not be moved in commerce among the States and shall be destroyed by the Secretary. "(B) This paragraph shall apply only to tobacco produced after the date of enactment of this provision that receives price support under the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) or the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).".

�