207 



welfare. (Pub. L. 93-629, § 2. Jan. 3. 1975, 88 Stat. 

 2148.) 



Short Title 

 Section 1 of Pub. L. 93-629 provided: 'That this Act 

 (enacting this chapter] may be cited as the 'Federal Noxi- 

 ous Weed Act of 1974'." 



§2802. Definitions. 



As used in this chapter, except ■where the context 

 otherwise requires: 



(a) "Secretary" means the Secretary of Agricul- 

 ture of the United States or any other person to 

 whom authority may be delegated to act in his stead. 



(b) "Authorized inspector" means any employee 

 of the Department of Agriculture, or any employee 

 of any other agency of the Federal Government or of 

 any State or other governmental agency which is co- 

 operating with the Department in adminLstration of 

 any provisions of this chapter, who is authorized by 

 the Secretry to perform assigned duties under this 

 chapter. 



(c) "Noxious weed" means any living stage fin- 

 eluding but not limited to. seeds and reproductive 

 parts) of any parasitic or other plant of a kind, 

 or subdivision of a kind, which is of foreign origin, 

 is new to or not videly prevalent in the United 

 States, and can directly or indirectly injure crops, 

 other useful plants, livestock, or poultry or other 

 interests of agriculture, including in'igation, or navi- 

 gation or the fish and wildlife resources of the United 

 States or the public health. 



(d) "United States" means any of the States, ter- 

 ritories, or districts of the United States. 



(e) "Interstate" means from any State, terri- 

 tory, or district of the United States into or through 

 any other State, territory, or district. 



(f ) "District" means the District of Columbia, the 

 Commonwealth of Puerto Rico, or any possession of 

 the United States. 



(gV "Move" means deposit for transmission in the 

 mails, ship, offer for shipment, offer for entry, im- 

 port, receive for transportation, carry, or otherwise 

 tratisport or move, or allow to be moved, by mail or 

 otherwise. (Pub. L. 93-629. S 3, Jan. 3, 1975, 88 Stat. 

 2148.) 



§ 2S03. Movement of noxious weeds into or through 

 the United States or interstate. 



(a) Permits; regulations. 



No person shall knowingly move any noxious weed, 

 identified in a regulation promulgated by the Secre- 

 taiy, into or through the United States or interstate, 

 unless such movement is authorized under general or 

 specific permit from the Secretary and is made in 

 accordance with such conditions as the Secretary 

 may prescribe in the permit and in such regulations 

 as he may promulgate luider this chapter to prevent 

 the dissemination into the United States, or inter- 

 state, of such noxious weeds. 



(b) Refusal of permit to prevent danger of dissemina- 

 tion. 



The Secretary may refuse to issue a permit for the 



movement of any such noxious weed when, in his 



opinion, such movement would involve a danger of 



dissemination of such noxious weeds into the United 

 States or interstate. 



(c) Unlawful sale, purchase, and transportation, and 

 advertisements for unlawful sale, purchase, and 

 transportation. 



No person shall knowingly sell, piu"chase, barter, 

 exchange, give, or receive any such noxious weed 

 which has been moved in violation of subsection (a) 

 of this section, or knowingly deliver or receive for 

 transportation or transport, in interstate or for- 

 eign commerce, any advertisement to sell, purchase, 

 barter, exchange, give, or receive any such noxious 

 weed which is prohibited from movement in such 

 commerce imder this chapter. (Pub. L. 93-629, §4, 

 Jan. 3. 1975. 88 Stat. 2149.) 



§ 2804. Quarantine. 



(a) Regulations for inspection. 



The Secretary may promulgate such quarantines 

 and other regulations requiring inspection of prod- 

 ucts and articles of any character whatsoever and 

 means of conveyance, specified in the regulations, as 

 a condition of their movement into or through the 

 United States and otherwise restricting or prohibit- 

 ing such movement, as he deems necessary to pre- 

 vent the dissemination into the United States of 

 any noxious weeds, and it shall be unlawful for any 

 person to move any products, articles, or means of 

 conveyance into or through the United States con- 

 trary to any such regulation. 



(b) Temporary quarantine of areas suspected of in- 

 festation; maximum period. 



Whenever the Secretary has reason to believe that 

 an infestation of noxious weeds exist in any State, 

 territory, or district, he may by regulation tempor- 

 arily quarantine such jurisdiction, or a portion there- 

 of, and by regulation may restrict or prohibit the 

 interstate movement from the quarantined area of 

 any products and articles of any character whatso- 

 ever and means of conveyance, capable of carrying 

 such noxious weeds, and after promulgation of such 

 quarantine and other regulations, it shall be unlaw- 

 ful f-.r any per.son to move interstate from a quar- 

 antined area any such products, articles, or means 

 of conveyance, specified in the regulations, except in 

 accordance with such regulations: Provided, how- 

 ever That such quarantine and regulations shall ex- 

 pire it the close of the ninetieth day after their 

 promulgation. 



(c) Promulgation after determination of necessity at 

 public hearing. 

 However, if, after public hearing, the Secretary de- 

 termines, on the basis of the information received at 

 the hearing and other information available to him. 

 that such a quarantine and regulations are necessary 

 in order to prevent the interstate spread of noxious 

 weeds from any State, territory, or district in which 

 he determines an infestation of noxious weeds exists, 

 and to protect the agriculture, commerce, fish, or 

 wildhfe resources of the United States or the public 

 health, he shall promulgate such quarantine and 

 other regulations as he determines are appropriate 

 for such purposes, and thereafter it shall be imlawful 

 for any person to move interstate from any quaran- 



