7 U.S.C. § 8303
Section 8303 · Restriction on importation or entry
Amended 1 time on record
Applied in 4 court decisions — leading case Ranchers Cattlemen Action Legal Fund United Stock-Growers of America v. U.S. Department of Agriculture (2007)
Most recently applied in United States v. 8,800 Pounds, More or Less, of Powdered Egg White Product (December 2008)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
With notice to the Secretary of the Treasury and public notice as soon as practicable, the Secretary may prohibit or restrict—
(1) the importation or entry of any animal, article, or means of conveyance, or use of any means of conveyance or facility, if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock;
(2) the further movement of any animal that has strayed into the United States if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock; and
(3) the use of any means of conveyance in connection with the importation or entry of livestock if the Secretary determines that the prohibition or restriction is necessary because the means of conveyance has not been maintained in a clean and sanitary condition or does not have accommodations for the safe and proper movement of livestock.
(1) Restrictions on import and entry
The Secretary may issue such orders and promulgate such regulations as are necessary to carry out subsection (a) of this section.
(2) Post importation quarantine
The Secretary may promulgate regulations requiring that any animal imported or entered be raised or handled under post-importation quarantine conditions by or under the supervision of the Secretary for the purpose of determining whether the animal is or may be affected by any pest or disease of livestock.
(1) In general
The Secretary may order the destruction or removal from the United States of—
(A) any animal, article, or means of conveyance that has been imported but has not entered the United States if the Secretary determines that destruction or removal from the United States is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock;
(B) any animal or progeny of any animal, article, or means of conveyance that has been imported or entered in violation of this chapter; or
(C) any animal that has strayed into the United States if the Secretary determines that destruction or removal from the United States is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock.
(2) Requirements of owners
(A) Orders to disinfect
The Secretary may require the disinfection of—
(i) a means of conveyance used in connection with the importation of an animal;
(ii) an individual involved in the importation of an animal and personal articles of the individual; and
(iii) any article used in the importation of an animal.
(B) Failure to comply with orders
If an owner fails to comply with an order of the Secretary under this section, the Secretary may—
(i) take remedial action, destroy, or remove from the United States the animal or progeny of any animal, article, or means of conveyance as authorized under paragraph (1); and
(ii) recover from the owner the costs of any care, handling, disposal, or other action incurred by the Secretary in connection with the remedial action, destruction, or removal.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.