US Code

Public Law 119-73 (01/23/2026)

7 U.S.C. § 7731

Inspections, seizures, and warrants

(a)

Role of Attorney General

The activities authorized by this section shall be carried out consistent with guidelines approved by the Attorney General.

(b)

Warrantless inspections

The Secretary may stop and inspect, without a warrant, any person or means of conveyance moving—
(1)
into the United States to determine whether the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article subject to this chapter;
(2)
in interstate commerce, upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article subject to this chapter; and
(3)
section 7715 of this title in intrastate commerce from or within any State, portion of a State, or premises quarantined as part of a extraordinary emergency declared under upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article regulated under that section or is moving subject to that section.
(c)

Inspections with a warrant

(1)

General authority

The Secretary may enter, with a warrant, any premises in the United States for the purpose of conducting investigations or making inspections and seizures under this chapter.

(2)

Application and issuance of a warrant

1

1 So in original. Probably should be “magistrate judges’s”.
Upon proper oath or affirmation showing probable cause to believe that there is on certain premises any plant, plant product, biological control organism, plant pest, noxious weed, article, facility, or means of conveyance regulated under this chapter, a United States judge, a judge of a court of record in the United States, or a United States magistrate judge may, within the judge’s or magistrate’s  jurisdiction, issue a warrant for the entry upon the premises to conduct any investigation or make any inspection or seizure under this chapter. The warrant may be applied for and executed by the Secretary or any United States Marshal.

Pub. L. 106–224, title IV, § 421114 Stat. 448(, , .)

Editorial Notes

References in Text

Pub. L. 106–224114 Stat. 438section 7701 of this titleThis chapter, referred to in subsecs. (b)(1), (2) and (c), was in the original “this title”, meaning title IV of , , , known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under and Tables.

Statutory Notes and Related Subsidiaries

Transfer of Functions

section 542 of Title 6For 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 , as modified, set out as a note under .