§8302. Definitions

7 U.S.C. § 8302

(1)

Animal— The term “animal” means any member of the animal kingdom (except a human).

(2)

Article— The term “article” means any pest or disease or any material or tangible object that could harbor a pest or disease.

(3)

Disease— The term “disease” has the meaning given the term by the Secretary.

(4)

Enter— The term “enter” means to move into the commerce of the United States.

(5)

Export— The term “export” means to move from a place within the territorial limits of the United States to a place outside the territorial limits of the United States.

(7)

Import— The term “import” means to move from a place outside the territorial limits of the United States to a place within the territorial limits of the United States.

(8)

Indian tribe— The term “Indian tribe” has the meaning given the term in section 5304 of title 25.

(9)

Interstate commerce— The term “interstate commerce” means trade, traffic, or other commerce—

(A)

between a place in a State and a place in another State, or between places within the same State but through any place outside that State; or

(B)

within the District of Columbia or any territory or possession of the United States.

(11)

Means of conveyance— The term “means of conveyance” means any personal property used for or intended for use for the movement of any other personal property.

(12)

Move— The term “move” means—

(A)

to carry, enter, import, mail, ship, or transport;

(B)

to aid, abet, cause, or induce carrying, entering, importing, mailing, shipping, or transporting;

(C)

to offer to carry, enter, import, mail, ship, or transport;

(D)

to receive in order to carry, enter, import, mail, ship, or transport;

(E)

to release into the environment; or

(F)

to allow any of the activities described in this paragraph.

(13)

Pest— The term “pest” means any of the following that can directly or indirectly injure, cause damage to, or cause disease in livestock:

(A)

A protozoan.

(B)

A plant.

(C)

A bacteria.

(D)

A fungus.

(E)

A virus or viroid.

(F)

An infectious agent or other pathogen.

(G)

An arthropod.

(H)

A parasite.

(I)

A prion.

(J)

A vector.

(K)

Any organism similar to or allied with any of the organisms described in this paragraph.

(14)

Secretary— The term “Secretary” means the Secretary of Agriculture.

(15)

State— The term “State” means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, or any territory or possession of the United States.

(16)

This chapter— Except when used in this section, the term “this chapter” includes any regulation or order issued by the Secretary under the authority of this chapter.

(17)

United States— The term “United States” means all of the States.

(18)

Veterinary countermeasure— The term “veterinary countermeasure” means any biological product (including an animal vaccine or diagnostic), pharmaceutical product (including a therapeutic), non-pharmaceutical product (including a disinfectant), or other product or equipment to prevent, detect, respond to, or mitigate harm to public or animal health resulting from, animal pests or diseases.

Notes, amendments, and revision history

(Pub. L. 107–171, title X, § 10403, May 13, 2002, 116 Stat. 494; Pub. L. 115–334, title XII, § 12101(a), Dec. 20, 2018, 132 Stat. 4937; Pub. L. 117–328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat. 5996.)

Editorial Notes

References in Text

This chapter, referred to in introductory provisions and par. (16), 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

Amendment by Pub. L. 117–328 is based on section 4 of H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House of Representatives on Dec. 8, 2021, which was enacted into law by section 603 of Pub. L. 117–328.

Amendments

2022—Par. (8). Pub. L. 117–328 made technical amendment to reference in original act which appears in text as reference to section 5304 of title 25.

2018—Par. (18). Pub. L. 115–334 added par. (18).

Statutory Notes and Related Subsidiaries

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.