7 U.S.C. § 8301
Findings
Congress finds that—(1) the prevention, detection, control, and eradication of diseases and pests of animals are essential to protect—(A) animal health;(B) the health and welfare of the people of the United States;(C) the economic interests of the livestock and related industries of the United States;(D) the environment of the United States; and(E) interstate commerce and foreign commerce of the United States in animals and other articles;(2) animal diseases and pests are primarily transmitted by animals and articles regulated under this chapter;(3) the health of animals is affected by the methods by which animals and articles are transported in interstate commerce and foreign commerce;(4) the Secretary must continue to conduct research on animal diseases and pests that constitute a threat to the livestock of the United States; and(5)(A) all animals and articles regulated under this chapter are in or affect interstate commerce or foreign commerce; and(B) regulation by the Secretary and cooperation by the Secretary with foreign countries, States or other jurisdictions, or persons are necessary—(i) to prevent and eliminate burdens on interstate commerce and foreign commerce;(ii) to regulate effectively interstate commerce and foreign commerce; and(iii) to protect the agriculture, environment, economy, and health and welfare of the people of the United States.(Pub. L. 107–171, title X, § 10402, May 13, 2002, 116 Stat. 494.)Editorial NotesReferences in TextThis chapter, referred to in pars. (2) and (5)(A), was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out below and Tables.
Statutory Notes and Related SubsidiariesShort TitlePub. L. 107–171, title X, § 10401, May 13, 2002, 116 Stat. 494, provided that: “This subtitle [subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, enacting this chapter, amending sections 7714 and 7733 of this title, section 1540 of Title 16, Conservation, and sections 136a and 618 of Title 21, Food and Drugs, and repealing sections 429, 2260, 2260a of this title, section 1306 of Title 19, Customs Duties, sections 102 to 105, 111, 112, 113, 114 to 114d–1, 114e to 114h, 115 to 131, 134 to 135b, 612 to 614 of Title 21, sections 3901 and 3902 of Title 46, Shipping, and provisions set out as a note under section 129a of Title 21] may be cited as the ‘Animal Health Protection Act’.”
Transfer of FunctionsFor 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
Fabrizius v. United States Dep't of Agric., 129 F.4th 1226 (10th Cir. 2025).
· cites it 3× “” 7 U.S.C. § 8301 (1). It found these actions “essential to” promoting, inter alia, “animal health,” “the economic interests of the livestock and related industries,” and “interstate .”
Farm-to-Consum. Legal Def. Fund v. Vilsack, 636 F. Supp. 2d 116 (D.D.C. 2009).
“The Animal and Plant Health Inspection Service, a component agency of USDA, administers the Animal Health and Protection Act, 7 U.S.C. § 8301 et seq., which empowers the Secretary of USDA to control interstate and foreign commerce in animals when necessary for the control of…”
Ranchers Cattlemen v. Usda (9th Cir. 2005).
· cites it 3× “The district court’s lack of deference may be attributable to its misreading of the Animal Health Protection Act (“AHPA”), 7 U.S.C. § 8301 et seq., the statute under which the Final Rule was promulgated.”
Crowder v. USDA (W.D. Tex. 2023).
“See 7 U.S.C. § 8301 , et seq. To achieve its goals, the USDA may cooperate with other federal agencies or states.”
Unichem Enters., Inc. v. United States, 2024 CIT 131 (Ct. Intl. Trade 2024).
“14 14 As another example, the Animal Health Protection Act, 7 U.S.C. § 8301 , et seq., gives to the Secretary of Agriculture authority to issue regulations restricting the importation of meat and meat-food products.”
Farm-To-Consum. Legal Def. Fund v. Schafer (D.D.C. 2009).
“The Animal and Plant Health Inspection Service, a component agency of USDA, administers the Animal Health and Protection Act, 7 U.S.C. § 8301 et seq., which empowers the Secretary of USDA to control interstate and foreign commerce in animals when necessary for the control of…”
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