U.S. Code » Title 7 » Chapter CHAPTER 109— ANIMAL HEALTH PROTECTION

7 U.S.C. § 8303

Restriction on importation or entry

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(a) In generalWith notice to the Secretary of the Treasury and public notice as soon as practicable, the Secretary may prohibit or restrict—(1) the importation or entry of any animal, article, or means of conveyance, or use of any means of conveyance or facility, if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock;(2) the further movement of any animal that has strayed into the United States if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock; and(3) the use of any means of conveyance in connection with the importation or entry of livestock if the Secretary determines that the prohibition or restriction is necessary because the means of conveyance has not been maintained in a clean and sanitary condition or does not have accommodations for the safe and proper movement of livestock.(b) Regulations(1) Restrictions on import and entry

The Secretary may issue such orders and promulgate such regulations as are necessary to carry out subsection (a).

(2) Post importation quarantine

The Secretary may promulgate regulations requiring that any animal imported or entered be raised or handled under post-importation quarantine conditions by or under the supervision of the Secretary for the purpose of determining whether the animal is or may be affected by any pest or disease of livestock.

(c) Destruction or removal(1) In generalThe Secretary may order the destruction or removal from the United States of—(A) any animal, article, or means of conveyance that has been imported but has not entered the United States if the Secretary determines that destruction or removal from the United States is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock;(B) any animal or progeny of any animal, article, or means of conveyance that has been imported or entered in violation of this chapter; or(C) any animal that has strayed into the United States if the Secretary determines that destruction or removal from the United States is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock.(2) Requirements of owners(A) Orders to disinfectThe Secretary may require the disinfection of—(i) a means of conveyance used in connection with the importation of an animal;(ii) an individual involved in the importation of an animal and personal articles of the individual; and(iii) any article used in the importation of an animal.(B) Failure to comply with ordersIf an owner fails to comply with an order of the Secretary under this section, the Secretary may—(i) take remedial action, destroy, or remove from the United States the animal or progeny of any animal, article, or means of conveyance as authorized under paragraph (1); and(ii) recover from the owner the costs of any care, handling, disposal, or other action incurred by the Secretary in connection with the remedial action, destruction, or removal.(Pub. L. 107–171, title X, § 10404, May 13, 2002, 116 Stat. 496.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (c)(1)(B), 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 under section 8301 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 9 cases (1 in the last 5 years), 2005–2024 · leading case: Ranchers Cattlemen Action Legal Fund United Stock-Growers of Am. v. U.S. Dep't of Agric., 499 F.3d 1108 (9th Cir. 2007).
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Ranchers Cattlemen Action Legal Fund United Stock-Growers of Am. v. U.S. Dep't of Agric., 499 F.3d 1108 (9th Cir. 2007). “” 7 U.S.C. § 8303 . We previously remarked that the statutory language “indicate[s] a congressional intent to give the Secretary wide discretion in dealing with the importation of plant and animal products.”
Ranchers Cattlemen Action Legal Fund United Stockgrowers of Am. v. United States Dep't of Agric., 415 F.3d 1078 (9th Cir. 2005). · cites it 2× “” 7 U.S.C. § 8303 (a)(1). The AHPA was only recently enacted, in 2002, and, as of yet, there are few reported cases interpreting its provisions.”
Ranchers Cattlemen Action Legal Fund v. United States Dep't of Agric., 566 F. Supp. 2d 995 (D.S.D. 2008). · cites it 2× “APHIS is the agency within the USDA that regulates the importation of animals and animal products to guard against the introduction of various animal diseases in the United States. APHIS collaborates with other federal agencies to implement a coordinated response to Bovine…”
United States v. 8,800 Pounds, More or Less, of Powdered Egg White Prod., 551 F.3d 759 (8th Cir. 2008). “” 7 U.S.C. § 8303 (a)(1). USDA regulations bar the importation of egg products from countries such as Peru unless the products are accompanied by an APHIS permit establishing that the eggs “have been cooked or processed or will be handled in a manner that will prevent the…”
Cactus Corner, LLC v. U.S. Dep't of Agric., 450 F.3d 428 (9th Cir. 2006). “7 U.S.C. § 8303 (a)(1). Under the Plant Protection Act, the Secretary may prohibit or restrict the importation .”
Padgett v. Dep't of Agric. (D.D.C. 2024). · cites it 2× “(explaining that the course of action is “as directed by the Administrator”); see 7 U.S.C. § 8303 (c)(1) (“The Secretary [of Agriculture] may order the destruction or removal from the United States of .”
Ranchers Cattlemen v. Usda (9th Cir. 2005). · cites it 2× “” 7 U.S.C. § 8303 (a)(1). [3] The AHPA was only recently enacted, in 2002, and, as of yet, there are few reported cases interpreting its provisions.”
United States v. Creative Compounds, LLC (8th Cir. 2008). “” 7 U.S.C. § 8303 (a)(1). USDA regulations bar the importation of egg products from countries such as Peru unless the products are accompanied by an APHIS permit establishing that the eggs “have been cooked or processed or will be handled in a manner that will prevent the…”
Ranchers Cattlemen v. Usda (9th Cir. 2007). “USDA 10709 7 U.S.C. § 8303 . We previously remarked that the statutory language “indicate[s] a congressional intent to give the Secre- tary wide discretion in dealing with the importation of plant and animal products.”
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