View all text of Chapter 109 [§ 8301 - § 8322]
§ 8303. Restriction on importation or entry
(a) In general
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.
(b) Regulations
(1) Restrictions on import and entry
(2) Post importation quarantine
(c) Destruction or removal
(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.
(Pub. L. 107–171, title X, § 10404, May 13, 2002, 116 Stat. 496.)