(a) No person shall introduce any regulated article unless the Administrator is:
(1) Notified of the introduction in accordance with § 340.3, or such introduction is authorized in accordance with § 340.4, or such introduction is conditionally exempt from permit requirements under § 340.2(b); and
(2) Such introduction is in conformity with all other applicable restrictions in this part.
1
1 Part 340 regulates, among other things, the introduction of organisms and products altered or produced through genetic engineering that are plant pests or are believed to be plant pests. The introduction into the United States of such articles may also be subject to other regulations promulgated under the Plant Protection Act (7 U.S.C. 7701-7772) and found in 7 CFR part 319, 330, and 360. For example, under regulations promulgated in “Subpart H—Plants for Planting” (7 CFR 319.37-5 of this chapter), a permit is required for the importation of certain classes of plants for planting whether such plants are genetically engineered or not. Accordingly, individuals should refer to those regulations before importing any plants for planting.
(b) Any regulated article introduced not in compliance with the requirements of this part shall be subject to the immediate application of such remedial measures or safeguards as an inspector determines necessary to prevent the introduction of such plant pests.
2
2 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 411, 412, 421, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7731, and 7754).
Notes of Decisions
Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139 (2010).
· cites it 2× “See 7 CFR §§340.0 , 340.4 (2010). These permits “prescribe confinement conditions and standard operating procedures .”
Alika Atay v. Cnty. of Maui, 842 F.3d 688 (9th Cir. 2016).
· cites it 3× “Such GE- plants are regulated as plant pests “until the agency concludes on the basis of scientific evidence that the modified plant is not a ‘plant pest.”
Geertson Seed Farms v. Johanns, 570 F.3d 1130 (9th Cir. 2009).
· cites it 2× “" See 7 C.F.R. § 340.0 (a)(2) & n. 1. APHIS initially classified Roundup Ready alfalfa as a regulated article.”
Ctr. for Food Saf. v. Thomas Vilsack, 718 F.3d 829 (9th Cir. 2013).
· cites it 2× “See 7 C.F.R. § 340.0 n. 1. This is because genetically engineered plants are often created using an organism that can itself be a plant pest under APHIS’s regulations.”
Robert Ito Farm, Inc. v. Cnty. of Maui, 111 F. Supp. 3d 1088 (D. Haw. 2015).
· cites it 4× “” 7 C.F.R. § 340.0 n. 1. Inter *1103 preting the regulations, the Ninth Circuit has noted that “a genetically modified organism is regulated as a plant pest if it is created using an organism that is itself a plant pest.”
Geertson Seed Farms v. Johanns, 541 F.3d 938 (9th Cir. 2008).
· cites it 2× “" See 7 C.F.R. § 340.0 (a)(2) & n. 1. APHIS initially classified Roundup Ready alfalfa as a regulated article.”
Ctr. for Food Saf. v. Vilsack, 844 F. Supp. 2d 1006 (N.D. Cal. 2012).
“” 7 C.F.R. § 340.0 (a)(2) n. 1. Such products and organisms are known as “regulated articles.”
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