2013 US Code
Title 7 - Agriculture
Chapter 109 - ANIMAL HEALTH PROTECTION (§§ 8301 - 8322)
Section 8308 - Detection, control, and eradication of diseases and pests

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 1, Title 7 - AGRICULTURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 7 - AGRICULTURE
CHAPTER 109 - ANIMAL HEALTH PROTECTION
Sec. 8308 - Detection, control, and eradication of diseases and pests
Containssection 8308
Date2013
Laws in Effect as of DateJanuary 16, 2014
Positive LawNo
Dispositionstandard
Source CreditPub. L. 107-171, title X, §10409, May 13, 2002, 116 Stat. 501; Pub. L. 110-234, title XI, §11011(2), May 22, 2008, 122 Stat. 1360; Pub. L. 110-246, §4(a), title XI, §11011(2), June 18, 2008, 122 Stat. 1664, 2122.
Statutes at Large References116 Stat. 501, 494
122 Stat. 1360, 1664
Public Law ReferencesPublic Law 107-171, Public Law 110-234, Public Law 110-246

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Detection, control, and eradication of diseases and pests - 7 U.S.C. § 8308 (2013)
§8308. Detection, control, and eradication of diseases and pests (a) In general

The Secretary may carry out operations and measures to detect, control, or eradicate any pest or disease of livestock (including the drawing of blood and diagnostic testing of animals), including animals at a slaughterhouse, stockyard, or other point of concentration.

(b) Compensation (1) In general

The Secretary may pay a claim arising out of the destruction of any animal, article, or means of conveyance consistent with the purposes of this chapter.

(2) Specific cooperative programs

The Secretary shall compensate industry participants and State agencies that cooperate with the Secretary in carrying out operations and measures under subsection (a) for 100 percent of eligible costs relating to cooperative programs involving Federal, State, and industry participants to control diseases of low pathogenicity in accordance with regulations issued by the Secretary.

(3) Reviewability

The action of the Secretary in carrying out paragraph (1) shall not be subject to review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary.

(Pub. L. 107–171, title X, §10409, May 13, 2002, 116 Stat. 501; Pub. L. 110–234, title XI, §11011(2), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, §4(a), title XI, §11011(2), June 18, 2008, 122 Stat. 1664, 2122.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(1), 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.

CODIFICATION

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

AMENDMENTS

2008—Subsec. (b)(2), (3). Pub. L. 110–246, §11011(2), added par. (2), redesignated former par. (2) as (3), and, in par. (3), struck out "of longer than 60 days" after "review".

EFFECTIVE DATE OF 2008 AMENDMENT

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

TRANSFER 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.

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