SANITARY AND PHYTOSANITARY MEASURES.

SEC. 431. SANITARY AND PHYTOSANITARY MEASURES. (a) Trade Agreements Act of 1979.—Section 414 of the Trade Agreements Act of 1979 (19 U.S.C. 2544) is amended by adding at the end the following: “(c) Sanitary and Phytosanitary Measures.— “(1) Public information.— The standards information center shall, in addition to the functions specified under subsection (b), make available to the public relevant documents, at such reasonable fees as the Secretary of Commerce may prescribe, and information regarding— “(A) any sanitary or phytosanitary measure of general application, including any inspection procedure or approval procedure proposed, adopted, or maintained by a Federal agency or agency of a State or local government; “(B) the procedures of a Federal agency or an agency of a State or local government for risk assessment and factors the agency considers in conducting the assessment; “(C) the determination of the levels of protection that a Federal agency or an agency of a State or local government considers appropriate; and “(D) the membership and participation of the Federal Government and State and local governments in international and regional sanitary and phytosanitary organizations and systems, and in bilateral and multilateral arrangements regarding sanitary and phytosanitary measures, and the provisions of those systems and arrangements. “(2) Definitions.—The definitions in section 463 apply for purposes of this subsection.”. 108 STAT. 4967 (b) Railway Car Inspection.—Subsection (a) of the Act of January 31, 1942 (56 Stat 40, chapter 31; 7 U.S.C. 149), is amended by striking “from Mexico”. (c) Federal Plant Pest Act.—The Federal Plant Pest Act (7 U.S.C. 150aa et seq.) is amended— (1) so that section 103 (7 U.S.C. 150bb) reads as follows: “SEC. 103. MOVEMENT OF PESTS PROHIBITED. “(a) In General.—No person shall import or enter any plant pest into the United States, or move any plant pest interstate, or accept delivery of any plant pest moving from any foreign country into or through the United States, or interstate, unless the movement is made in accordance with such regulations as the Secretary may promulgate to prevent the dissemination into the United States, or interstate, of plant pests. “(b) Regulations.—The regulations promulgated by the Secretary to implement subsection (a) may include regulations requiring that a plant pest moving into or through the United States, or interstate— “(1) be accompanied by a permit issued by the Secretary prior to the movement of the plant pest; or “(2) be accompanied by a certificate of inspection issued, in a manner and form required by the Secretary, by appropriate officials of the country or State from which the plant pest is to be moved.”; and (2) in section 104 (7 U.S.C. 150cc)— (A) so that subsection (a) reads as follows: “(a) Any letter, parcel, box, or other package containing any plant pest, whether sealed as letter-rate postal matter or not, is nonmailable, and shall not knowingly be conveyed in the mail or delivered from any post office or by any mail carrier, unless it is mailed in conformance with such regulations as the Secretary may promulgate to prevent the dissemination into the United States, or interstate, of plant pests.”; (B) by striking subsection (b); and (C) by redesignating subsections (c) and (d) as sub-sections (b) and (c), respectively. (d) Plant Quarantine Act.—The Act of August 20, 1912 (37 Stat 315, chapter 308; 7 U.S.C. 151 et seq.) (commonly known as the “Plant Quarantine Act”) is amended— (1) so that the first section (7 U.S.C. 151) reads as follows: “SECTION 1. IMPORTATION OF NURSERY STOCK. “(a) In General.—No person shall— “(1) import or enter into the United States any nursery stock; or “(2) accept delivery of any nursery stock moving from any foreign country into or through the United States; unless the movement is made in accordance with such regulations as the Secretary of Agriculture may promulgate to prevent dissemination into the United States of plant pests, plant diseases, or insect pests. “(b) Regulations.—The regulations promulgated by the Secretary of Agriculture to implement subsection (a) may include regulations requiring that nursery stock moving into or through the United States— “(1) be accompanied by a permit issued by the Secretary of Agriculture prior to the movement of the nursery stock; 108 STAT. 4968 “(2) be accompanied by a certificate of inspection issued, in a manner and form required by the Secretary of Agriculture, by appropriate officials of the country or State from which the nursery stock is to be moved; “(3) be grown under post entry quarantine conditions by or under the supervision of the Secretary of Agriculture for the purposes of determining whether the nursery stock may be infested with plant pests or insect pests, or infected with plant diseases, not discernible by port-of-entry inspection; and “(4) if the nursery stock is found to be infested with plant pests or insect pests or infected with plant diseases, be subject to remedial measures the Secretary of Agriculture determines to be necessary to prevent the spread of plant pests, insect pests, or plant diseases.”; and (2) so that the last sentence of section 2 (7 U.S.C. 156) reads as follows: “This section does not apply to nursery stock that is imported or entered from a country or a region of a country that the Secretary of Agriculture designates, pursuant to procedures set forth in such regulations as the Secretary may promulgate, as exempt from the requirements of this section.”. (e) Honeybee Importation.—The first section of the Act of August 31, 1922 (42 Stat 833, chapter 301; 7 U.S.C. 281) (commonly known as the “Honeybee Act”), is amended to read as follows: “SECTION 1. HONEYBEE IMPORTATION. “(a) In General.—The Secretary of Agriculture is authorized to prohibit or restrict the importation or entry of honeybees and honeybee semen into or through the United States in order to prevent the introduction and spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable germ plasm of honeybees, or the introduction and spread of undesirable species or subspecies of honeybees and the semen of honeybees. “(b) Regulations.—The Secretary of Agriculture and the Secretary of the Treasury are each authorized to prescribe such regulations as the respective Secretary determines necessary to carry out this section. “(c) Enforcement.—Honeybees or honeybee semen offered for importation into, intercepted entering, or having entered the United States, other than in accordance with regulations promulgated by the Secretary of Agriculture and the Secretary or the Treasury, shall be destroyed or immediately exported. “(d) Definition.—As used in this Act, the term ‘honeybee’ means all life stages and the germ plasm of honeybees of the genus Apis, except honeybee semen.”. (f) Federal Noxious Weed Act of 1974.—Section 4 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2803) is amended so that subsections (a) through (b) read as follows: “(a) No person shall import or enter any noxious weed identified in a regulation promulgated by the Secretary into or through the United States or move any noxious weed interstate, unless the movement is in accordance with such conditions as the Secretary may prescribe by regulation under this Act to prevent the dissemination into the United States, or interstate, of such noxious weeds. “(b) The regulations prescribed by the Secretary to implement subsection (a) may include regulations requiring that any noxious weed imported or entered into the United States or moving inter-108 STAT. 4969state be accompanied by a permit issued by the Secretary prior to the movement of the noxious weed”. (g) Tariff Act of 1930.—Section 306(b) of the Tariff Act of 1930 (19 U.S.C. 1306(b)) is amended by inserting before the period at the end the following: or is, and is likely to remain, a region of low prevalence of rinderpest and foot-and-mouth disease”. (h) Importation of Animals.—Section 6 of the Act of August 30, 1890 (26 Stat 416, chapter 839; 21 U.S.C. 104), is amended to read as follows: “SEC. 6. IMPORTATION OF ANIMALS. “(a) In General.—The Secretary of Agriculture may by regulation prohibit or restrict the importation or entry of any cattle, sheep, or other ruminants, or swine, that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States to prevent the dissemination into the United States of a disease. “(b) Penalties.— “(1) Criminal.—Any person who knowingly violates any regulation promulgated by the Secretary pursuant to this section, or any provision of sections 7 through 10 or any regulation promulgated by the Secretary pursuant to such sections, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both. “(2) Civil.—Any person who violates any such provision or any such regulation may be assessed a civil penalty by the Secretary of Agriculture not exceeding $1,000. The Secretary may issue an order assessing the civil penalty only after notice and an opportunity for an agency hearing on the record. The order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of the order may not be reviewed in an action to collect such civil penalty.”. (i) Inspection of Animals.—Section 10 of the Act of August 30, 1890 (26 Stat. 417, chapter 839; 21 U.S.C. 105), is amended— (1) in subsection (a)— (A) by striking “(a) In General.—Except as provided in subsection (b), the” and inserting “The”; (B) in the first sentence, by striking “shall cause careful inspection to be made by a suitable officer of all” and inserting “may cause careful inspection of any”; and (C) in the third sentence, by striking “they shall not be allowed to be placed” and inserting “the Secretary may prohibit or restrict their placement”; and (2) by striking subsection (b). (j) International Animal Quarantine Station.—The 6th sentence in the first section of Public Law 91–239 (21 U.S.C. 135) is amended— (1) by striking “North American”; and (2) by striking “within the United States”. (k) Poultry Products Inspection Act.—Section 17(d) of the Poultry Products Inspection Act (21 U.S.C. 466) is amended— (1) by amending paragraph (1) to read as follows: “(1) Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for importation into the United States shall— 108 STAT. 4970 “(A) be subject to inspection, sanitary, quality, species verification, and residue standards that achieve a level of sanitary protection equivalent to that achieved under United States standards; and “(B) have been processed in facilities and under conditions that achieve a level of sanitary protection equivalent to that achieved under United States standards.”; and (2) in paragraph (2)— (A) by amending subparagraph (A) to read as follows: “(A) The Secretary may treat as equivalent to a United States standard a standard of an exporting country described in paragraph (1) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the Secretary, to demonstrate that the standard oi the exporting country achieves the level of sanitary protection achieved under the United States standard. For the purposes of this subsection, the term ‘sanitary protection’ means protection to safeguard public health.”; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). (l) Federal Meat Inspection Act.—Section 20(e) of the Federal Meat Inspection Act (21 U.S.C. 620(e)) is amended— (1) so that subparagraphs (A) through (B) of paragraph (1) read as follows: “(A) A certification by the Secretary that foreign plants exporting carcasses or meat or meat products referred to in subsection (a) have complied with requirements that achieve a level of sanitary protection equivalent to that achieved under United States requirements with regard to all inspection, building construction standards, and all other provisions of this Act and regulations issued under this Act. “(B) The Secretary may treat as equivalent to a United States requirement a requirement described in subparagraph (A) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the Secretary, to demonstrate that the requirement achieves the level of sanitary protection achieved under the United States requirement For the purposes of this subsection, the term ‘sanitary protection’ means protection to safeguard public health.”; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively.