What US Animal Health Protection Act (7 USC ch 109): Pest and Disease Controls, Quarantine and Penalties requires
The Animal Health Protection Act (AHPA), codified at 7 U.S.C. Chapter 109 (sections 8301-8322), is the principal US statute authorizing the prevention, detection, control and eradication of pests and diseases of livestock, administered by the USDA Animal and Plant Health Inspection Service (APHIS). Section 8302 defines the regulated terms, including 'animal', 'article', 'means of conveyance', 'pest' and 'disease'. Section 8303 authorizes the Secretary to prohibit or restrict the importation or entry of any animal, article or means of conveyance where necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock. Section 8304 governs exportation and section 8305 authorizes the Secretary to prohibit or restrict the movement in interstate commerce of any animal, article or means of conveyance to prevent the introduction or dissemination of livestock pests or diseases. Section 8306 confers seizure, quarantine and disposal authority: the Secretary may hold, seize, quarantine, treat, destroy or otherwise dispose of any animal, article, facility or means of conveyance that may carry or has been exposed to a livestock pest or disease, and in an extraordinary emergency may apply remedial action including preventative slaughter. Section 8307 provides inspection, seizure and warrant authority, section 8308 covers detection, control and eradication, and section 8309 establishes the veterinary accreditation program. Section 8313 sets the penalties. Criminal: a knowing violation is punishable by a fine under title 18, imprisonment of not more than one year, or both; a knowing violation involving importation, entry, exportation or movement for distribution or sale by imprisonment of not more than five years; and a second or subsequent conviction by imprisonment of not more than ten years. Civil: the Secretary may assess a civil penalty of not more than $50,000 in the case of an individual and not more than $250,000 in the case of any other person for each violation, or, alternatively, twice the gross gain or gross loss, with aggregate limits of $500,000 (or $1,000,000 where the violations were willful). Penalty figures are subject to inflation adjustment by regulation.
Pillar: Agriculture & Agritech · Authority: US Congress / USDA Animal and Plant Health Inspection Service (APHIS) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title7/html/USCODE-2022-title7-chap109.htm
SHA-256 integrity: 9ffc5e97f365f5e4dd6c8d35b0e065eafb82dab6f0ea1b7d2641216cc7dda653
Primary Citations — 8 traced to source
- Animal Health Protection Act, 7 U.S.C. 8302 - definitions of animal, article, means of conveyance, pest and disease.
- Animal Health Protection Act, 7 U.S.C. 8303 - restriction on importation or entry.
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