Injurious Animals .—
section 42 of title 18Any injurious animal, the importation or interstate shipment of which is prohibited pursuant to , constitutes nonmailable matter.
Plant Pests .—
7 U.S.C. 150bb11 See References in Text note below. Any plant pest, the movement of which is prohibited pursuant to section 103 or 104 of the Federal Plant Pest Act ( or 150cc), constitutes nonmailable matter.
Plants .—
37 Stat. 3157 U.S.C. 1511Any plant, article, or matter, the importation or interstate shipment of which is prohibited pursuant to the Act of (, chapter 308; et seq.) (commonly known as the “Plant Quarantine Act”), constitutes nonmailable matter.
Illegally Taken Fish, Wildlife, or Plants .—
16 U.S.C. 3372Any fish, wildlife, or plant, the conveyance of which is prohibited pursuant to section 3 of the Lacey Act Amendments of 1981 (), constitutes nonmailable matter.
Pub. L. 102–393, title VI, § 631(d)(1)106 Stat. 1776(Added , , .)
Editorial Notes
References in Text
7 U.S.C. 150bbPub. L. 106–224, title IV, § 438(a)(2)114 Stat. 454Sections 103 and 104 of the Federal Plant Pest Act (, 150cc), referred to in subsec. (b), were repealed by , , .
act Aug. 20, 1912, ch. 30837 Stat. 315Pub. L. 106–224, title IV, § 438(a)(1)114 Stat. 454The Plant Quarantine Act, referred to in subsec. (c), is , , which was classified generally to chapter 8 (§ 151 et seq.) of Title 7, Agriculture, prior to repeal by , , . For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 102–393, title VI, § 631(e)106 Stat. 1776
“This section [enacting this section and provisions set out below] may be cited as the ‘Alien Species Prevention and Enforcement Act of 1992’.”
, , , provided that:
Alien Species Prevention and Enforcement in Hawaii
Pub. L. 102–393, title VI, § 631(a)106 Stat. 1774
Pests in the Mails.—
In general .—
Subject to paragraph (2), the Secretary of Agriculture shall hereafter operate a program, under terms and conditions acceptable to the Postal Service, to protect Hawaii from the introduction of prohibited plants, plant pests, and injurious animals that may be contained in mail received in Hawaii, except that this subsection shall not apply to mail that originates and is intended for delivery outside the United States.
Memorandum of understanding .—
For the purpose of carrying out the program operated under paragraph (1), the Secretary of Agriculture shall enter into a memorandum of understanding or other agreement with the Secretary of the Interior relating to prohibited plants, plant pests, or injurious animals under the jurisdiction of the Department of the Interior.
Remedial action .—
If, pursuant to the program, mail is found to contain a prohibited plant, plant pest, or injurious animal, the Secretary shall—
make a record of the prohibited plant, plant pest, or injurious animal found in the mail;
take appropriate action to prevent the introduction of the prohibited material into Hawaii; and
determine whether the facts and circumstances warrant seeking prosecution under a law prohibiting the conveyance of a plant, plant pest, or injurious animal.
Definitions .—
As used in this subsection:
Injurious animal .—
section 42 of title 18The term ‘injurious animal’ means an animal the importation or interstate shipment of which is prohibited by , United States Code.
Plant .—
37 Stat. 3157 U.S.C. 151The term ‘plant’ means a plant from any class of plants, or any other article or matter, the importation or interstate shipment of which is prohibited under the Act of (, chapter 308; et seq.) (commonly known as the ‘Plant Quarantine Act’).
Plant pest .—
7 U.S.C. 150aaThe term ‘plant pest’ means any organism or substance the importation or interstate shipment of which is prohibited under the Federal Plant Pest Act ( et seq.).
Cooperative Agreements With Hawaii To Enforce Certain Agricultural Quarantine Laws.—
Agreement between secretary of agriculture and hawaii.—
In general .—
Not later than 90 days after the date of enactment of this Act [], the Secretary of Agriculture shall offer to enter into a cooperative agreement with the State of Hawaii for a 2-year period to enforce in the State—
37 Stat. 3157 U.S.C. 151 the Act of (, chapter 308; et seq.) (commonly known as the ‘Plant Quarantine Act’);
7 U.S.C. 150aa the Federal Plant Pest Act ( et seq.); and
Enforcement of the plant-quarantine Act38 Stat. 11137 U.S.C. 166 the matter under the heading ‘:’ of the Act of (; [7760]) (commonly known as the ‘Terminal Inspection Act’).
Inspection of plants and plant products .—
The cooperative agreement shall establish a specific procedure for the submission and approval of the names of plants and plant products that the State of Hawaii elects to inspect under the provision of law referred to in subparagraph (A)(iii).
Authority .—
The Secretary shall carry out this paragraph under the authority provided by—
7 U.S.C. 147a section 102 of the Department of Agriculture Organic Act of 1944 ();
7 U.S.C. 114a21 U.S.C. 114a section 11 of the Department of Agriculture Organic Act of 1956 () [probably means section 11 of act , as added by the Department of Agriculture Organic Act of 1944, which is classified to ].
Agreement between secretary of the interior and hawaii.—
In general .—
16 U.S.C. 3371Not later than 90 days after the date of enactment of this Act [], the Secretary of the Interior shall offer to enter into a cooperative agreement with the State of Hawaii for a 2-year period to enforce in the State the Lacey Act Amendments of 1981 ( et seq.).
Authority .—
16 U.S.C. 742lThe Secretary shall use to carry out this paragraph the authority provided under section 3 of the Fish and Wildlife Improvement Act of 1978 ().
Agreement between postal service and hawaii.—
In general .—
Public Law 100–574section 3014 of this titlesection 3014 of this titleNot later than 90 days after the date of enactment of this Act, the Postal Service shall offer to enter into a cooperative agreement with the State of Hawaii for a 2-year period to enforce in the State, under terms and conditions acceptable to the Postal Service and in compliance with postal regulations, [enacting , sections 1716B and 1716C of Title 18, Crimes and Criminal Procedure, and provisions set out as a note under ] and the amendments made by such Public Law.
Authority .—
section 3014 of title 39The Postal Service shall use to carry out this paragraph the authority provided under , United States Code.
Cooperative programs .—
Any program conducted jointly by the State of Hawaii and any Federal agency under this subsection that in any way affects the mail or the postal system of the United States shall comply with postal regulations and shall be conducted under terms and conditions acceptable to the Postal Service.
Extension of agreements .—
A cooperative agreement entered into under this subsection may be extended by mutual consent of the parties to the agreement.
Public Information Program on Prohibitions Against Shipment or Transportation of Plant Pests and Injurious Animals.—
In general .—
The Postal Service, the Secretary of the Interior, and the Secretary of Agriculture shall jointly establish a public information program to inform the public on—
the prohibitions against the shipment or transportation of plants, plants [sic] pests, and injurious animals; and
the consequences of violating Federal laws designed to prevent the introduction of alien species into the State of Hawaii and other areas of the United States.
Methods .—
In carrying out paragraph (1), the Postal Service and Secretaries may—
use public service announcements, mail, and other forms of distributing information, dial-up information services, and such other methods as will effectively communicate the information described in paragraph (1); and
cooperate with State and private organizations to carry out the program established under this subsection.
Study .—
Not later than 1 year after the program established under subsection (a) commences, the Secretary of Agriculture, in cooperation with the Secretary of the Interior, the Postal Service, and the State of Hawaii, shall—
conduct a study to determine the proportion of plant pests and injurious animals that are introduced into Hawaii by various modes of commerce; and
report the results of the study to Congress.”