An Act to repeal certain requirements relating to notice of animal and plant quarantines, and for other purposes.
PL 95-439 (S.286), enacted 10/10/1978

PUBLIC LAW 95-439—OCT. 10, 1978 
92 STAT. 1061 
Public Law 95-439 
95th Congress 
An Act 
To repeal certain requirements relating to notice of animal and plant quarantines, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled^ That section 7 of the 
Act of May 29, 1884 (23 Stat. 32, as amended; 21 U.S.C. 117), is 
further amended to read as follows: "Any person or persons operating 
any railroad, or master or owner of any boat or vessel, or owner or 
custodian of, or person having control over, cattle or other livestock 
or live poultry who shall knowingly violate the provisions of section 6 
of this Act shall be guilty of a misdemeanor and, upon conviction, shall 
be punished by a fine of not more than $5,000 or by imprisonment for 
not more than one year, or by both such fine and imprisonment.". 
SEC. 2. Section 1 of the Act of March 3, 1905 (33 Stat. 1264, as 
amended; 21 U.S.C. 123), is further amended to read as follows: 
"The Secretary of Agriculture is authorized to quarantine by regula-
tion any State or Territory or the District of Columbia, or any portion 
of any State or Territory or the District of Columbia, when he shall 
determine the fact that any animals or live poultry in such State or 
Territory or District of Columbia are affected with any contagious, 
infectious, or communicable disease of livestock or poultry or that the 
contagion of any such disease exists or that vectors which may dis-
seminate any such disease exist in such State or Territory or the 
District of Columbia.". 
SEC. 3. Section 3 of the Act of March 3, 1905 (33 Stat. 1265, as 
amended; 21 U.S.C. 125), is further amended to read as follows: "It 
shall be the duty of the Secretary of Agriculture, and he is authorized 
and directed, when the public safety will permit, to make and promul-
gate rules and regulations which shall permit and govern the inspec-
tion, disinfection, certification, treatment, handling, and method and 
manner of delivery and shipment of quarantined animals or live 
poultry from a quarantined State or Territory or the District of 
Columbia, and from the quarantined portion of any State or Territory 
or the District of Columbia, into any other State or Territory or the 
District of Columbia.". 
Oct. 10, 1978 
[S. 286] 
Animal and plant 
quarantines, 
certain 
requirements 
repealed. 
Penalty. 
21 use 115. 
Rules and 
regulations. 
92 STAT. 1062 
PUBLIC LAW 95-439—OCT. 10, 1978 
SEC. 4. Section 8 of the Act of August 20, 1912 (37 Stat. 318, as 
amended; 7 U.S.C. 161), is further amended by: 
(a) deleting the following from the first sentence thereof: "; 
and the Secretary of Agriculture is directed to give notice of the 
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,, establishment of such quarantine to common carriers doing busi-
^ 
* ness in or through such quarantined area, and shall publish in such 
newspapers in me quarantined area as he shall select notice of the 
^ 
establishment of quarantine"; and 
K
. , . 
(b) deleting the following from the fourth sentence thereof: "; 
and the Secretary of Agriculture shall give notice of such rules 
and regulations as hereinbefore provided in this section for the 
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notice of the establishment of quarantine". 
Approved October 10, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1606 (Comm. on Agriculture). 
SENATE REPORT No. 95-804 (Comm. on Agriculture, Nutrition, and Forestry). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
May 18, considered and passed Senate. 
Sept. 26, considered and passed House.