U.S. Code » Title 7 » Chapter CHAPTER 104— PLANT PROTECTION

7 U.S.C. § 7702

Definitions

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In this chapter:(1) Article

The term “article” means any material or tangible object that could harbor plant pests or noxious weeds.

(2) Biological control organism

The term “biological control organism” means any enemy, antagonist, or competitor used to control a plant pest or noxious weed.

(3) Enter and entry

The terms “enter” and “entry” mean to move into, or the act of movement into, the commerce of the United States.

(4) Export and exportation

The terms “export” and “exportation” mean to move from, or the act of movement from, the United States to any place outside the United States.

(5) Import and importation

The terms “import” and “importation” mean to move into, or the act of movement into, the territorial limits of the United States.

(6) InterstateThe term “interstate” means—(A) from one State into or through any other State; or(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.(7) Interstate commerceThe term “interstate commerce” means trade, traffic, or other commerce—(A) between a place in a State and a point in another State, or between points within the same State but through any place outside that State; or(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.(8) Means of conveyance

The term “means of conveyance” means any personal property used for or intended for use for the movement of any other personal property.

(9) Move and related termsThe terms “move”, “moving”, and “movement” mean—(A) to carry, enter, import, mail, ship, or transport;(B) to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting;(C) to offer to carry, enter, import, mail, ship, or transport;(D) to receive to carry, enter, import, mail, ship, or transport;(E) to release into the environment; or(F) to allow any of the activities described in a preceding subparagraph.(10) Noxious weed

The term “noxious weed” means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment.

(11) Permit

The term “permit” means a written or oral authorization, including by electronic methods, by the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Secretary.

(12) Person

The term “person” means any individual, partnership, corporation, association, joint venture, or other legal entity.

(13) Plant

The term “plant” means any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.

(14) Plant pestThe term “plant pest” means any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product:(A) A protozoan.(B) A nonhuman animal.(C) A parasitic plant.(D) A bacterium.(E) A fungus.(F) A virus or viroid.(G) An infectious agent or other pathogen.(H) Any article similar to or allied with any of the articles specified in the preceding subparagraphs.(15) Plant productThe term “plant product” means—(A) any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant; or(B) any manufactured or processed plant or plant part.(16) Secretary

The term “Secretary” means the Secretary of Agriculture.

(17) State

The term “State” means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.

(18) Systems approach

For the purposes of section 7712(e) of this title, the term “systems approach” means a defined set of phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the movement of commodities.

(19) This chapter

Except when used in this section, the term “this chapter” includes any regulation or order issued by the Secretary under the authority of this chapter.

(20) United States

The term “United States” means all of the States.

(Pub. L. 106–224, title IV, § 403, June 20, 2000, 114 Stat. 438.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2004–2024 · leading case: Ctr. for Food Saf. v. Thomas Vilsack, 718 F.3d 829 (9th Cir. 2013).
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Ctr. for Food Saf. v. Thomas Vilsack, 718 F.3d 829 (9th Cir. 2013). · cites it 8× “31 , 32 (1957), with 7 U.S.C. § 7702 (14). This case turns on the language of the PPA that defines plant pests.”
Cactus Corner, LLC v. U.S. Dept. of Agric., 346 F. Supp. 2d 1075 (E.D. Cal. 2004). · cites it 2× ““Systems approach” is defined in 7 U.S.C. § 7702 (18) as “a...set of phytosanitary procedures, at least two of which have an independent effect in mitigating .”
Robert Ito Farm, Inc. v. Cnty. of Maui, 111 F. Supp. 3d 1088 (D. Haw. 2015). · cites it 5× “In other words, the Ordinance inherently considers GE organisms to be “noxious weeds” and/or “plant pests” as defined in 7 U.S.C. § 7702 (10) and (14). According to the Ordinance, GE plants directly and indirectly injure or damage crops, agriculture interests, public health, and…”
Int'l Ctr. for Tech. Assessment v. Johanns, 473 F. Supp. 2d 9 (D.D.C. 2007). “” 7 U.S.C. § 7702 (10). The definition is broad, and includes both new and established and prevalent and nonprevalent plants.”
Ctr. for Food Saf. v. Johanns, 451 F. Supp. 2d 1165 (D. Haw. 2006). “7 U.S.C. §§ 7702 (16), 7711(a). The PPA regulations appear in 7 C.”
Ctr. for Food Saf. v. Vilsack, 844 F. Supp. 2d 1006 (N.D. Cal. 2012). · cites it 2× “” 7 U.S.C. § 7702 (14). None of these organisms are pests because they might cross-pollinate with commercial crops.”
Amazon Servs. LLC v. AGRI, 109 F.4th 573 (D.C. Cir. 2024). · cites it 2× “7 U.S.C. §§ 7702 (9)(B), 8302(12)(B). The statutes do not define the phrase “aid, abet, cause, or induce,” or any of its individual terms.”
Cactus Corner, LLC v. U.S. Dep't of Agric., 450 F.3d 428 (9th Cir. 2006). “7 U.S.C. § 7702 (18) (defining “systems approach”); see also id.”
Nat'l Fam. Farm Coalition v. Vilsack (N.D. Cal. 2024). “438 § 403(10) (codified at 7 U.S.C. § 7702 (10)), nor is there 11 any dispute the statute charges the agency with the responsibility to “facilitate .”
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