208 



tined area any regulated products, articles, or means 

 of conveyance except in accordance with such regu- 

 lations. (Pub. L. 93-629, § 5, Jan. 3, 1975, 88 Stat. 



P-2805. Measures to prevent dissemination. 



fa) Emergency disposal of infested products and 

 "••tides. 

 Except as provided in subsection <c) of this sec- 

 tion, the Secretary may, whenever he deems it nec- 

 essary as an emergency measui-e in order to prevent 

 the dissemination of any noxious weed, seize, quar- 

 antine, treat, destroy, or othenvise dispose of, in 

 such manner as he deems appropriate, any product 

 or article of any character whatsoever, or means of 

 conveyance, wliich is moving into or through the 

 United States or interstate, in bond or otherwise, 

 and which he has reason to believe is infested by 

 any noxious weed or contains any such weed, or 

 wiiich has moved into the United States, or inter- 

 state, and which he has reason to believe was in- 

 fested by or contained any noxious weed at the time 

 of such movement; and any noxious weed, product, 

 article, or means of conveyance which is moving into 

 or through the United States, or interstate, or has 

 moved into the United States, or interstate, in vio- 

 lation of this chapter or any regulation hereunder. 



(b) Orders requiring disposal by owner; enforcement.- 



Except as provided in subsection (c) of this sec- 

 tion, the Secretary may order the owner of any 

 product, article, means of conveyance, or noxious 

 weed subject to disposal under subsection (a) of this 

 section, or his agent, to treat, destroy, or make other 

 disposal of such product, article, means of convey- 

 ance, or noxious weed, without cost to the Federal 

 Government and in such manner as the Secretary 

 deems appropriate. The Secretary may apply to the 

 United States District Court, or to the United States 

 court of any territory or possession, for the judicial 

 district in which such person resides or transacts 

 business or in which the product, article, means of 

 conveyance, or noxious weed is found, lor enforce- 

 ment of such order by injunction, mandatory or 

 otherwise. Process in any such case may be served 

 in any judicial district wherein the defendant resides 

 or transacts business or may be found, and subpenas 

 for witnesses who are required to attend a court in 

 any judicial district in such a case may run to any 

 other judicial district. 



(c) Destruction, export, or return as the least drastic 

 action. 



No product, article, means of conveyance, or nox- 

 ious weed shall be destroyed, exported, or returned 

 to shipping point of origin, or ordered to be de- 

 stroyed, exported, or so retui'ned under this section, 

 unless in the opinion of the Secretary there is no 

 less drastic action which would be adequate to pre- 

 vent the dissemination of noxious weeds into the 

 United States or interstate. 



(d) ,\ctions against Uniied .States by owners; limita- 

 tions; just compensation for unlawful disposal. 



The owner of any product, article, m.eans of con- 

 veyance, or noxious weed destroyed, or otherwise dis- 

 posed of, by the Secretary under this section, may 



bring an action against the United States in the 

 United States District Court for the District of Co- 

 lumbia, within one year after such destruction or 

 disposal, and recover just compensation for such 

 destruction or disposal of such product, article, 

 means of conveyance, or noxious weed 'not including 

 compensation for loss due to delays incident to de- 

 termining its eligibility for movement under this 

 chapter) if the owner establishes that such destruc- 

 tion or disposal was not authorized under tlus 

 chapter. Any judgment rendered in favor of such 

 owner shall be paid out of the money in the Treasury 

 appropriated for administration of this chapter. 

 (Pub. L. 93-629, § 6, Jan. 3, 1975, 88 Stat. 2149.) 



§2806. Warrantless search of persons and gooda; 

 search of i)remiscs with warrants; issuance and 

 execution of warrants. 



Any authorized inspector, when properly identi- 

 fied, shall have authority (a) without a warrant, to 

 stop any person or means of conveyance moving into 

 the United States, and inspect any noxious weeds 

 and any products and articles of any character 

 whatsoever, carried thereby, and inspect such means 

 of conveyance, to determine whether such person or 

 means of conveyance is moving any noxious weed, 

 product, article, or means of conveyance contrary to 

 this chapter or any regulation under this chapter: 

 (b) without a warrant, to stop any person or means 

 of conveyance moving through the United States 

 or interstate, and inspect any noxious weeds and any 

 products and articles of any character whatsoever 

 carried thereby, and inspect such means of convey- 

 ance, to determine whether .such person or means of 

 conveyance is moving any noxious weed, product. 

 article, or means of conveyance contrary to this 

 chapter or any regulation thereunder, if such in- 

 spector has probable cause to believe that such per- 

 son or means of conveyance is moving any noxious 

 weed regulated under this chapter; and (c) to en- 

 ter, witla a warrant, any premises in the United 

 States, for purposes of any inspections or other ac- 

 tions necessary under this chapter. Any judge of 

 the United States or of a court of record of any 

 State, territory, or district, or a United States com- 

 mis.sioner, may, within his respective jurisdiction, 

 upon proper oath or affirmation showing probable 

 cause to believe that there are on certain premises 

 any products, articles, means of conveyance, or nox- 

 ious weeds subject to this chapter, issue warrants 

 for the entry of such premises for purposes of any 

 inspection or other action necessary under this 

 chapter, excei)t as otherwise provided in section 280S 

 of this title. <Pub. L. 93-629, 5 7. Jan. 3. 1975. 88 Stat. 

 2150.) Such warrants may be executed by any au- 

 thorized inspector or any United States marshal. 



§2.S07. Penaltie.s. 



Any person who knowingly violates section 2803 

 or 2804 of this title, or any regulation promulgated 

 under this chapter, shall be guilty of a misdemeanor 

 and shall be punished by a fine not exceeding $5,000, 

 or by imprisonment not exceeding one year, or both. 

 (Pub. L. 93-629, § 8, Jan. 3. 1975, 88 Stat. 215U 



