Overview. This Act regulates the importation and interstate movement of plant pests and authorizes the Secretary of Agriculture to take emergency measures to destroy infected plants or materials.

Selected Definitions. Living stage:  the egg, pupal and larval stages as well as any other living stage of a plant pest. Move:  ship, deposit for transmission in the mails, otherwise offer for shipment, offer for entry, import, receive for transportation, carry, or otherwise transport or move or allow to be moved by mail or otherwise. Plant pest:  any living stage of insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts, viruses, or organisms similar to or allied with any of these, or infectious substances which can directly or indirectly injure or cause disease or damage in plants or parts, or processed, manufactured or other products of plants. Secretary:  Secretary of Agriculture. § 150aa.

Prohibition on Movement of Pests. The Act prohibits persons from importing or entering plant pests into the U.S., or moving plant pests interstate, or accepting delivery of plant pests moving into the U.S. or interstate, except in accordance with regulations enacted by the Secretary to prevent the dissemination of plant pests. These regulations may require that a plant pest be accompanied by a permit issued by the Secretary prior to its movement or a certificate of inspection by appropriate officials of the country or state from which the plant pest is to be moved. No letter or package containing a plant pest may be mailed unless the mailing complies with the Secretary's regulations. §§ 150bb-150cc.

Emergency Measures. The Act authorizes the Secretary, as an emergency measure to prevent the dissemination of plant pests that are new or previously non-prevalent in the U.S., to seize, quarantine, treat, destroy or dispose of a product, article, means of conveyance, or plant pest moving into or through the U.S. that the Secretary has reason to believe is infested or infected, or which is in violation of the Act. The Secretary may order the owner to take remedial measures. If an extraordinary emergency exists due to a plant pest's threat to crops, other plants and plant products, the Secretary may seize, quarantine, treat, destroy or otherwise dispose of a product, article, means of conveyance, or plant pest that the Secretary has reason to believe is infested or infected, and quarantine or treat the premises. The Secretary may take this extraordinary action only after review of state measures and consultation with the governor of the state containing the infestation, issuance of a public announcement and publication of a notice in the Federal Register if time allows. The U.S. must bear the cost of this action and the Secretary may compensate persons for economic losses suffered as a result. The Act authorizes the appropriation of funds to carry out this provision.

No product, article, means of conveyance or plant pest may be destroyed, exported or returned to the point of shipping unless the Secretary determines that no less drastic measure would be adequate to prevent the dissemination of new or previously non-prevalent plant pests within the U.S. Owners may seek compensation for destruction or disposal by establishing that the action was not authorized by this Act or the Plant Quarantine Act. § 150dd.

Regulations. The Act authorizes the Secretary to enact regulations requiring inspection of products, articles and means of conveyance as a condition of their movement into or through the U.S. The regulations may impose other conditions on movement to prevent the dissemination of plant pests in a situation in which regulations are not authorized under the Plant Quarantine Act. § 150ee.

Inspections and Violations. Department of Agriculture employees are authorized to stop and inspect, without a warrant, persons, means of conveyance, plant pests, products and articles moving into the U.S. to determine whether the movement violates the Act. With probable cause and without a warrant, these employees may stop and inspect persons, conveyances, plant pests, products and articles moving interstate. Premises may be inspected with a warrant. Violations of the Act are subject to criminal and civil penalties. §§ 150ff-150gg.

Editors' Note. The Federal Plant Pest Act is closely related to both the Plant Quarantine Act, described separately in this Handbook, and a series of statutes enacted at different times and compiled at 7 U.S.C. §§ 147a through 149. Sections 147a through 148f authorize the Secretary of Agriculture to:   carry out operations or measures to detect, eradicate, suppress, control, or prevent or retard the spread of plant pests; cooperate with foreign governments in this regard; inspect plants offered for export and charge fees for the inspection; control grasshoppers and Mormon crickets on federal lands. Section 149, known as the Mexican Border Act of January 31, 1942, directs the Secretary to enact regulations to govern the entry from Mexico into the U.S. of railway cars and other vehicles, freight, baggage and other materials which may carry insect pests. The regulations must provide for the inspection, cleaning and, where necessary, disinfection of these vehicles and materials; the cleaning and disinfection are to be carried out by or under the direction of authorized inspectors of the Department of Agriculture, and the Secretary is to collect charges to cover the cost of disinfection. Violations of regulations enacted under § 149 are subject to criminal and civil penalties.