7 U.S.C. § 7731

Inspections, seizures, and warrants

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(a) Role of Attorney General

The activities authorized by this section shall be carried out consistent with guidelines approved by the Attorney General.

(b) Warrantless inspectionsThe Secretary may stop and inspect, without a warrant, any person or means of conveyance moving—(1) into the United States to determine whether the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article subject to this chapter;(2) in interstate commerce, upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article subject to this chapter; and(3) in intrastate commerce from or within any State, portion of a State, or premises quarantined as part of a extraordinary emergency declared under section 7715 of this title upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article regulated under that section or is moving subject to that section.(c) Inspections with a warrant(1) General authority

The Secretary may enter, with a warrant, any premises in the United States for the purpose of conducting investigations or making inspections and seizures under this chapter.

(2) Application and issuance of a warrant

Upon proper oath or affirmation showing probable cause to believe that there is on certain premises any plant, plant product, biological control organism, plant pest, noxious weed, article, facility, or means of conveyance regulated under this chapter, a United States judge, a judge of a court of record in the United States, or a United States magistrate judge may, within the judge’s or magistrate’s 11 So in original. Probably should be “magistrate judges’s”. jurisdiction, issue a warrant for the entry upon the premises to conduct any investigation or make any inspection or seizure under this chapter. The warrant may be applied for and executed by the Secretary or any United States Marshal.

(Pub. L. 106–224, title IV, § 421, June 20, 2000, 114 Stat. 448.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (b)(1), (2) and (c), 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.

Statutory Notes and Related SubsidiariesTransfer of Functions

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions

Cited in 3 cases, 2004–2020 · leading case: Cactus Corner, LLC v. U.S. Dept. of Agric., 346 F. Supp. 2d 1075 (E.D. Cal. 2004).

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Cactus Corner, LLC v. U.S. Dept. of Agric., 346 F. Supp. 2d 1075 (E.D. Cal. 2004). “§ 7711 (a) prohibits plant pests from being imported/exported or otherwise moved through interstate commerce unless accompanied by a permit and in accordance with the Secretary’s regulations under this title: "Except as provided in subsection (c) of this section, no person shall…”

Jinan Yipin Corp., Ltd. v. United States, 526 F. Supp. 2d 1347 (Ct. Intl. Trade 2007). “See 7 U.S.C. § 7731 (b)(1) (2000) (authorizing the Secretary of Agriculture to “stop and inspect, without a warrant, any person or means of conveyance” entering the U.”

Vizcarrondo-Gonzalez v. Vilsack (D.P.R. 2020). “” 7 U.S.C. § 7731 (c)(1). As PPQT, Mr. Rivera was not assigned to any such investigations.”

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