An Act to clarify the authority of the Secretary of Agriculture to control and eradicate plant pests, and for other purposes.
PL 94-231 (S.1617), enacted 03/15/1976

PUBLIC LAW 94-231—MAR. 15, 1976 
90 STAT. 215 
Public Law 94-231 
94th Congress 
An Act 
Plant pests, 
control and 
eradication. 
To clarify the authority of the Secretary of Agriculture to control and eradicate 
Mar. 15, 1976 
plant pests, and for other purposes. 
[S. 1617] 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 102 of 
the Act of September 21, 1944 (58 Stat. 735, as amended; 7 U.S.C. 
147a), is amended to read as follows: 
"SEC. 102. (a) The Secretary of Agriculture, either independently 
or in cooperation with States or political subdivisions thereof, farmers' 
associations and similar organizations, and individuals, is authorized 
to carry out operations or measures to detect, eradicate, suppress, con-
trol, or to prevent or retard the spread of plant pests. 
"(b) The Secretary of Agriculture is further authorized to cooper-
ate with the governments of all countries of the Western Hemisphere, 
or the local authorities thereof, and with international organizations 
or associations, in carrying out necessary surveys and control opera-
tions in those countries in connection with the detection, eradication, 
suppression, control, and prevention or retardation of the spread of 
plant pests. 
"(c) In performing the operations or measures herein authorized, 
the cooperating foreign country. State, or local agency shall be respon-
sible for the authority necessary to carry out the operations or measures 
on all lands and properties within the foreign country or State other 
than those owned or controlled by the Federal Government and for 
such other facilities and means as in the discretion of the Secretary of 
Agriculture are necessary. 
"(d) As used in this section— 
Definitions. 
"(1) 'plant pest' means any living stage of any insects, mites, 
nematodes, slugs, snails, protozoa, or other invertebrate animals, 
' 
bacteria, fungi, other parasitic plants or reproductive parts 
thereof, viruses, or any organisms similar to or allied with any of 
the foregoing, or any infectious substances, which can directly or 
indirectly injure or cause disease or damage in any plants or parts 
thereof, or any processed, manufactured, or other products of 
plants; 
"(2) 'living stage' includes the &gg, pupal, and larval stages as 
well as any other living stage; and 
"(3) 'State' includes the District of Columbia and the territo-
ries and possessions of the United States. 
" (e) The Secretary of Agriculture is authorized to promulgate such Rules and 
rules and regulations and use such means as he may deem necessary to regulations, 
provide for the inspection of plants and plant products offered for 
export or transiting the United States and to certify to shippers and 
interested parties as to the freedom of such products from plant pests 
according to the phytosanitary requirements of the foreign countries 
to which such products may be exported, or to the freedom from 
exposure to plant pests while in transit through the United States. 
90 STAT. 216 
PUBLIC LAW 94-231—MAR. 15, 1976 
Appropriation 
"(f) There are hereby authorized to be appropriated such sums as 
authorization. 
|-j^g Congress may annually determine to be necessary to enable the 
Secretary of Agriculture to carry out the provisions of this section. 
Unless otherwise specifically authorized, or provided for in appropri-
ations, no part of such sums shall be used to pay the cost or value of 
property injured or destroyed.". 
Repeal. 
SEC. 2. The material appearing under the head "FEDERAL HORTI-
CULTURAL BOARD" in section 1 of the Act of October 6, 1917 (40 Stat. 
374; 7 U.S.C. 145), is hereby repealed. 
SEC. 3. Section 1 of the Act of February 28, 1947 (61 Stat. 7, as 
amended; 21 U.S.C. 114b), is amended by (1) inserting in the first 
sentence after the words "any communicable disease of animals" the 
words "or vectors thereof"'; (2) inserting after "Canada" a comma 
and "the Bahama Islands, the Greater Antilles, and the Lesser 
Antilles, and with international organizations or associations"; and 
(3) by deleting "British Honduras" and inserting in lieu thereof 
' 
"Belize". 
Approved March 15, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-613 (Comm. on Agriculture) and No. 94-813 (Comm. of 
Conference). 
SENATE REPORT No. 94-370 (Comm. on Agriculture and Forestry). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): Sept. 16, considered and passed Senate. 
Nov. 4, considered and passed House, amended. 
Vol. 122 (1976): Feb. 18, House agreed to conference report. 
Mar. 2, Senate agreed to conference report.