2015 US Code
Title 7 - Agriculture (Sections 1 - 9097)
Chapter 104 - Plant Protection (Sections 7701 - 7786)
Subchapter II - Inspection and Enforcement (Sections 7731 - 7736)
Sec. 7731 - Inspections, seizures, and warrants
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 7 - AGRICULTURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 7 - AGRICULTURE CHAPTER 104 - PLANT PROTECTION SUBCHAPTER II - INSPECTION AND ENFORCEMENT Sec. 7731 - Inspections, seizures, and warrants |
Contains | section 7731 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 106-224, title IV, §421, June 20, 2000, 114 Stat. 448. |
Statutes at Large References | 114 Stat. 448, 438 |
Public and Private Laws | Public Law 106-224 |
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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 authorityThe 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 warrantUpon 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 1 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.)
REFERENCES IN TEXTThis 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.
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.
1 So in original. Probably should be "magistrate judges's".
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