Agents to examine and report on methods of treatment of animals, and means for suppression of diseases. Regulation of exportation and transportation of infected livestock and live poultry. Shipments from areas suspected infected; control of animals and live poultry. Offenses; penalty. Quarantine. Transportation or delivery therefor from quarantined State or Territory or portion thereof, of quarantined animals and live poultry, forbidden. Regulations for inspection, disinfection, and certification, and delivery and shipment of quarantined animals and live poultry from State or Territory. Moving quarantined animals and live poultry from State or Territory, under regulations. Transportation from quarantined State, Territory, etc.; penalty. Extension of quarantine law to carriers in interstate commerce. Expenses for arrest and eradication of contagious or infectious diseases of animals; transfer of appropriations. Pleuropneumonia in District of Columbia; duties of Council of the District of Columbia. Fences along international boundary lines to keep out diseased animals. Transferred. Repealed. Definitions. Seizure, quarantine, and disposal of livestock or poultry to guard against introduction or dissemination of communicable disease. (a) Authority of Secretary. (b) Determination of extraordinary emergency due to dangerous communicable disease; seizure, quarantine, and disposal of animals; action authorized only if adequate measures not taken by State or other jurisdiction; notice to State or other jurisdiction. (c) Notice to owner to quarantine or to (d) Compensation of owner; fair market Regulations for clean and sanitary movement of animals. Regulations for movement of animals affected or exposed to communicable disease. Inspections and seizures; issuance of warrants. Penalties; enforcement provisions. Promulgation of regulations. 114b. Authority in addition to other laws; repeal of inconsistent provisions. Separability of provisions. 135. International animal quarantine station; establishment; acceptance of gifts; coopera tion with breeders' organizations; collection of fees. Smuggling penalties. Authorization of appropriations. SUBCHAPTER IV-IMPORTATION OF MILK AND CREAM 141. 142. Prohibition of importation without permit. Milk or cream when unfit for importation. Section 71, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which related to inspection of meat and meat food products, examination of cattle before slaughtering, separate slaughtering of diseased animals and examination of carcasses, was transferred to section 603 of this title. Section 72, act Mar. 4, 1907, ch. 2907, 34 Stat. 1260, which related to post mortem examination of carcasses, marking and labeling, destruction of condemned carcasses, and reinspection, was transferred to section 604 of this title. Section 73, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261, which related to examination of carcasses brought into slaughtering or packing establishments and of meat food products issued from and returned thereto, was transferred to section 605 of this title. Section 74, act Mar. 4, 1907, ch. 2907, 34 Stat. 1261, which related to examination and inspection of meat food products, marks of inspection, destruction of condemned products, and products for export, was transferred to section 606 of this title. Section 75, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to labeling of receptacles and coverings of meat and meat food products inspected and passed, supervision by inspectors, prohibition of sales under false names, was transferred to section 607 of this title. Section 76, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to sanitary inspection and regulation of slaughtering and packing establishments, and rejection of meat or meat food products unfit for food, was transferred to section 608 of this title. Section 77, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to examination of cattle and food products thereof slaughtered and prepared during night time, was transferred to section 609 of this title. Section 78, act Mar. 4, 1907, ch. 2907, 34 Stat. 1262, which related to prohibition of transportation of carcasses, meat, or meat food products not properly inspected and marked, was transferred to section 610 of this title. Section 79, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to forgery, alteration, and unauthorized use of marks, labels, and certificates, was transferred to section 611 of this title. Section 80, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to inspection of animals for export, was transferred to section 612 of this title. Section 81, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to certificates of condition of animals for export, was transferred to section 613 of this title. Section 82, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to clearance to vessels carrying cattle for export with proper certificate of inspection, was transferred to section 614 of this title. Section 83, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to inspection of carcasses, the meat of which is intended for export, was transferred to section 615 of this title. Section 84, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to certificates of condition of carcasses, the meat of which is intended for export, was transferred to section 616 of this title. Section 85, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to clearance to vessels carrying meat for export with proper certificate of inspection, was transferred to section 617 of this title. Section 86, act Mar. 4, 1907, ch. 2907, 34 Stat. 1263, which related to official certificates of inspection and delivery of copies thereof to different parties, was transferred to section 618 of this title. Section 87, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to prohibition of transportation or sale of meat or meat food products without complying with provisions of inspection law, was transferred to section 619 of this title. Section 88, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to offenses and penalties, was transferred to section 620 of this title. Section 89, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to appointment of inspectors, their duties, and rule making authority of the Secretary of Agriculture, was transferred to section 621 of this title. Section 90, act Mar. 4, 1907, ch. 2907, 34 Stat. 1264, which related to penalties for bribery, was transferred to section 622 of this title. Section 91, acts Mar. 4, 1907, ch. 2907, 34 Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235, which related to definitions, exceptions to inspection requirements in case of farmers and retailers, and penalties for sale of meat and meat food products unfit for food, was transferred to section 623 of this title. Section 92, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, which was a proviso following the first sentence of section 91 of this title, was restored to that section and has been transferred to section 623 of this title. § 93. Repealed. May 29, 1928, ch. 901, § 1(92), 45 Stat. 993 Section, act Mar. 4, 1907, ch. 2907, 34 Stat. 1265, related to statement in annual estimates as to persons employed, their compensation and expenses. §§ 94 to 95. Transferred CODIFICATION Section 94, act June 30, 1914, ch. 131, 38 Stat. 420, which related to inspection of reindeer, was transferred to section 692 of this title. Section 94a, act May 23, 1908, ch. 192, 35 Stat. 254, which related to inspection of dairy products for export, was transferred to section 693 of this title. Section 95, acts June 30, 1906, ch. 3913, 34 Stat. 679; June 26, 1934, ch. 756, § 2, 48 Stat. 1225, which related to authorization of appropriations for expenses of inspection, was transferred to section 694 of this title. § 96. Repealed. Pub. L. 90-201, § 18, Dec. 15, 1967, 81 Stat. 600 Section, act July 24, 1919, ch. 26, 41 Stat. 241, provided for marking horse meat transported in interstate commerce and is now covered in section 619 of this title. EFFECTIVE DATE OF REPEAL Repeal of section effective Dec. 15, 1967, see section 20 of Pub. L. 90-201, set out as a note under section 601 of this title. §§ 97 to 97d. Omitted CODIFICATION Sections 97 to 97d, act July 30, 1947, ch. 356, title I, § 1, 61 Stat. 531, 532, set up a meat inspection fund and provided for payment for meat inspection service by the persons or organizations who were furnished such inspection on and after July 1, 1947. These provisions ceased to be effective on July 1, 1948, under section 98 of this title which requires the cost of such inspection to be borne by the United States. The unobligated balance in the meat inspection fund was carried to the general fund of the Treasury by act June 19, 1948, ch. 543, § 1, 62 Stat. 515. § 98. Transferred CODIFICATION Section, act June 5, 1948, ch. 423, 62 Stat. 344, which related to payment of cost of meat inspection, was transferred to section 695 of this title. § 99. Repealed. July 28, 1953, ch. 251, title I, § 101, 67 Stat. 208 Section, act Aug. 31, 1951, ch. 374, title I, § 101, 65 Stat. 229, related to reimbursement for excess expenses of meat inspection. SUBCHAPTER II-IMPORTATION OF CATTLE AND QUARANTINE § 101. Suspension of importation of all animals Whenever, in the opinion of the President, it shall be necessary for the protection of animals in the United States against infectious or contagious diseases, he may, by proclamation, suspend the importation of all or any class of animals for a limited time, and may change, modify, revoke, or renew such proclamation, as the public good may require; and during the time of such suspension the importation of any such animals shall be unlawful. (Aug. 30, 1890, ch. 839, § 9, 26 Stat. 416.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1540. § 102. Quarantine of imported animals The Secretary of Agriculture is authorized, at the expense of the owner, to place and retain in quarantine all neat cattle, sheep, and other ruminants, and all swine, imported into the United States, at such ports as he may designate for such purpose, and under such conditions as he may by regulation prescribe, respectively, for the several classes of animals above described. For this purpose he may have and maintain possession of all lands, buildings, animals, tools, fixtures, and appurtenances in use on August 3, 1890, for the quarantine of neat cattle, and purchase, construct, or rent as may be necessary, and he may appoint veterinary surgeons, inspectors, officers, and employees by him deemed necessary to maintain such quarantine, and provide for the execution of the other provisions of this subchapter. (Aug. 30, 1890, ch. 839, § 7, 26 Stat. 416.) REFERENCES IN TEXT This subchapter, referred to in text, was in the original this Act, meaning act Aug. 30, 1890, ch. 839, 26 Stat. 415, which is classified to sections 18 and 101 to 105 of this title and section 181 of Title 19, Customs Duties. For complete classification of the Act to the Code, see Tables volume. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1540. § 103. Importation, except at quarantine ports, prohibited; slaughter of infected animals; appraisal; payment The importation of all animals described in this subchapter into any port in the United States, except such as may be designated by the Secretary of Agriculture, with the approval of the Secretary of the Treasury, as quarantine stations, is prohibited. The Secretary of Agriculture may cause to be slaughtered such of the animals named in this subchapter as may be, under regulations prescribed by him, adjudged to be infected with any contagious disease, or to have been exposed to infection so as to be dangerous to other animals. The value of animals so slaughtered as being so exposed to infection but not infected may be ascertained by agreement of the Secretary of Agriculture and the owners thereof if practicable; otherwise, by the appraisal by two persons familiar with the character and value of such property, to be appointed by the Secretary of Agriculture, whose decision, if they agree, shall be final; otherwise, the Secretary of Agriculture shall decide between them, and his decision shall be final. The amount of the value thus ascertained shall be paid to the owner thereof out of money in the Treasury appropriated for the use of the Bureau of Animal Industry; but no payment shall be made for any animal imported in violation of the provisions of this subchapter. If any animal subject to quarantine according to the provisions of this subchapter are brought into any port of the United States where no quarantine station is established, the collector of such port shall require the same to be conveyed, by the vessel on which they are imported or are found to the nearest quarantine station, at the expense of the owner. (Aug. 30, 1890, ch. 839, § 8, 26 Stat. 416.) REFERENCES IN TEXT This subchapter, referred to in text, was in the original, this Act, meaning act Aug. 30, 1890, ch. 839, 26 Stat. 415, which is classified to sections 18, and 101 to 105 of this title and section 181 of Title 19, Customs Duties. For complete classification of the Act to the Code, see Tables volume. TRANSFER OF FUNCTIONS Functions of the Bureau of Animal Industry were transferred to the Secretary of Agriculture by Reorg. Plan No. 1 of 1947, § 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952, set out in the Appendix to Title 5, Government Organization and Employees. For abolition of the offices of collector of customs, see Transfer of Functions note set out under section 44 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1540. § 104. Importation of diseased animals prohibited; exception The importation of cattle, sheep, and other ruminants, and swine, which are diseased or infected with any disease, or which shall have been exposed to such infection within sixty days next before their exportation, is prohibited: Provided, That the Secretary of Agriculture, within his discretion and under such regulations as he may prescribe, is authorized to permit the admission from Mexico into the State of Texas of cattle which have been infested with or exposed to ticks upon being freed therefrom, and the admission from the British Virgin Islands into the Virgin Islands of the United States, for slaughter only, of cattle which have been infested with or exposed to ticks upon being freed therefrom. Any person who shall knowingly violate the foregoing provisions shall be deemed guilty of a misdemeanor and shall, on conviction, be punished by a fine not exceeding $5,000, or by imprisonment not exceeding three years, and any vessel or vehicle used in such unlawful importation within the knowledge of the master or owner of such vessel or vehicle that such importation is diseased or has been exposed to infection as herein described, shall be forfeited to the United States. (Aug. 30, 1890, ch. 839, § 6, 26 Stat. 416; June 28, 1926, ch. 700, § 2, 44 Stat. 775; Feb. 28, 1931, ch. 348, 46 Stat. 1460; July 22, 1954, ch. 558, § 32, 68 Stat. 510; Jan. 28, 1956, ch. 12, § 1, 70 Stat. 5.) AMENDMENTS 1956-Act Jan. 28, 1956, deleted "and the admission into the Virgin Islands” in the proviso and limited importation of cattle into Virgin Islands of the United States to cattle from the British Virgin Islands intended for slaughter. 1954-Act July 22, 1954, inserted "and the admission into the Virgin Islands” in the proviso. 1931-Act Feb. 28, 1931 struck out "meat" and substituted "before their exportation" for "before their importation" in provisions relating to the prohibition of importation of diseased or infected animals. EFFECTIVE DATE OF 1954 AMENDMENT Effective date of act July 22, 1954, amending this section, see section 34 of act July 22, 1954, set out as an Effective Date note under section 1541 of Title 48, Territories and Insular Possessions. CROSS REFERENCES Cattle, sheep, swine and meats; importation prohibited in certain cases, see section 1306 of Title 19, Customs Duties. Offense punishable by imprisonment for term in excess of one year deemed a felony, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1540. § 105. Inspection of animals imported or intended for export The Secretary of Agriculture shall cause careful inspection to be made by a suitable officer of all imported animals described in this subchapter, to ascertain whether such animals are infected with contagious diseases or have been exposed to infection so as to be dangerous to other animals, which shall then either be placed in quarantine or dealt with according to the regulations of the Secretary of Agriculture. All food, litter, manure, clothing, utensils, and other appliances that have been so related to such animals on board ship as to be judged liable to convey infection shall be dealt with according to the regulations of the Secretary of Agriculture. The Secretary of Agriculture may cause inspection to be made of all animals described in this subchapter intended for exportation, and provide for the disinfection of all vessels engaged in the transportation thereof, and of all barges or other vessels used in the conveyance of such animals intended for export to the ocean steamer or other vessels, and of all attendants and their clothing, and of all headropes and other appliances used in such exportation, by such orders and regulations as he may prescribe; and if, upon such inspection, any such animals shall be adjudged, under the regulations of the Secretary of Agriculture, to be infected or to have been exposed to infection so as to be dangerous to other animals, they shall not be allowed to be placed upon any vessel for exportation; the expense of all the inspection and disinfection provided for in this section to be borne by the owners of the vessels on which such animals are exported. (Aug. 30, 1890, ch. 839, § 10, 26 Stat. 417.) REFERENCES IN TEXT This subchapter, referred to in text, was in the original, this Act, meaning act Aug. 30, 1890, ch. 839, 26 Stat. 415, which is classified to sections 18, and 101 to 105 of this title and section 181 of Title 19, Customs Duties. For complete classification of this Act to the Code, see Tables volume. CROSS REFERENCES Inspection of animals for export, see section 612 et seq. of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1540. §§ 106, 107. Omitted CODIFICATION Sections, acts Aug. 10, 1917, ch. 52, § 9, 40 Stat. 275; Nov. 21, 1918, ch. 212, §3, 40 Stat. 1048, related to slaughter of tick-infested cattle. Section 12 of act Aug. 10, 1917, provided that the act should cease to be in effect when the national emergency resulting from World War I had passed. SUBCHAPTER III-PREVENTION OF INTRODUCTION AND SPREAD OF CONTA GION § 111. Regulations to prevent contagious diseases The Secretary of Agriculture shall have authority to make such regulations and take such measures as he may deem proper to prevent the introduction or dissemination of the contagion of any contagious, infectious, or communicable disease of animals and/or live poultry from a foreign country into the United States or from one State or Territory of the United States or the District of Columbia to another, and to seize, quarantine, and dispose of any hay, straw, forage, or similar material, or any meats, hides, or other animal products coming from an infected foreign country to the United States, or from one State or Territory or the District of Columbia in transit to another State or Territory or the District of Columbia whenever in his judgment such action is advisable in order to guard against the introduction or spread of such contagion. (Feb. 2, 1903, ch. 349, § 2, 32 Stat. 792; Feb. 7, 1928, ch. 30, 45 Stat. 59; July 22, 1954, ch. 558, § 33, 68 Stat. 510; Jan. 28, 1956, ch. 12, § 2, 70 Stat. 5.) AMENDMENTS 1956-Act Jan. 28, 1956, eliminated proviso "that no such regulations or measures shall pertain to the introduction of live poultry into the Virgin Islands of the United States". 1954-Act July 22, 1954, added the proviso containing an exception with respect to admission of live poultry into the Virgin Islands. 1928-Act Feb. 2, 1928, inserted "and/or live poul try". EFFECTIVE DATE OF 1954 AMENDMENT Effective date of act July 22, 1954, amending this section, see section 34 of act July 22, 1954, set out as an Effective Date note under section 1541 of Title 48, Territories and Insular Possessions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 114g, 122 of this title; title 16 section 1540. § 112. Investigations as to pleuropneumonia, and other diseases; regulations In order to promote the exportation of livestock and/or live poultry from the United States the Secretary of Agriculture shall make special investigation as to the existence of pleuropneumonia, or any contagious, infectious, or communicable disease, along the dividing lines between the United States and foreign countries, and along the lines of transportation from all parts of the United States to ports from which livestock and/or live poultry are exported, and shall, from time to time, establish such regulations concerning the exportation and transportation of livestock and/or live poultry as the results of said investigations may require. (May 29, 1884, ch. 60, § 4, 23 Stat. 32; Feb. 2, 1903, ch. 349, § 1, 32 Stat. 791; Feb. 7, 1928, ch. 30, 45 Stat. 59.) CODIFICATION Originally this section and sections 113, 114, 117, 119, 120, and 130 of this title read "Commissioner" instead of "Secretary" of Agriculture, and this section contained between the words "and" and "shall," in line 10, the additional words "make report of the results of such investigation to the Secretary of the Treasury, who". The designation of the office of Commissioner of Agriculture was changed by the change of the department into an executive department under a Secretary of Agriculture, by act Feb. 9, 1889, ch. 122, § 1, 25 Stat. 659, set out as section 2202 of Title 7, Agriculture. The authority granted to the Commissioner by the act May 29, 1884, was vested in the Secretary of Agriculture by a provision of act July 14, 1890, ch. 707, 26 Stat. 288, set out as section 2205 of Title 7. The powers conferred on the Secretary of the Treasury by act May 29, 1884, were conferred on the Secretary of Agriculture by part of section 1 of act Feb. 2, 1903. Remainder of such section 1 is classified to sections 113, 120, and 121 of this title. AMENDMENTS 1928-Act Feb. 7, 1928, inserted "and/or live poul try". SHORT TITLE Act Feb. 2, 1903, classified to sections 112 and 120 to 122 of this title, entitled, "An act to enable the Secretary of Agriculture to more effectually suppress and prevent the spread of contagious and infectious diseases of live stock, and for other purposes" is popular ly known as the Cattle Contagious Diseases Act of 1903. Act May 29, 1884, entitled, "An act for the establishment of a Bureau of Animal Industry, to prevent the exportation of diseased cattle, and to provide means for the suppression and extirpation of pleuro-pneumonia and other contagious diseases among domestic animals" is popularly known as the Animal Industry Act. The Act is classified to sections 112, 113 to 114a-1, 115, 116, 117 to 120, and 130 of this title and section 391 of Title 7, Agriculture. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 113, 114, 118, 119 of this title; title 16 section 1540. § 112a. Omitted CODIFICATION Section, act Feb. 7, 1928, ch. 30, 45 Stat. 59, which amended acts May 29, 1884, ch. 60, 22 Stat. 31; Feb. 2, 1903, ch. 349, 32 Stat. 791; and Mar. 3, 1905, ch. 1496, 33 Stat. 1264, to include live poultry in their provisions, added "and/or live poultry" following "live stock" wherever the term "live stock" appeared, and extended the penalty provisions of said acts to live poultry, has been omitted on execution of the amendments. § 113. Measures to prevent exportation of diseased livestock and live poultry In order to prevent the exportation from any port of the United States to any port in a foreign country of livestock and/or live poultry affected with any contagious, infectious, or communicable disease, and especially pleuropneumonia, the Secretary of Agriculture is authorized to take such steps and adopt such measures, not inconsistent with the provisions of this Act, as he may deem necessary. (May 29, 1884, ch. 60, § 5, 23 Stat. 32; Feb. 2, 1903, ch. 349, § 1, 32 Stat. 791; Feb. 7, 1928, ch. 30, 45 Stat. 59.) REFERENCES IN TEXT This Act, referred to in text, is act May 29, 1884, ch. 60, 23 Stat. 31, which is popularly known as the Animal Industry Act. For complete classification of this Act to the Code, see Short Title note set out under section 112 of this title and Tables volume. CODIFICATION Section is comprised of part of section 1 of act Feb. 2, 1903. Remainder of such section 1 is classified to sections 112, 120, and 121 of this title. Substitution of Secretary of Agriculture for Commissioner of Agriculture, see Codification note set out under section 112 of this title. AMENDMENTS 1928-Act Feb. 7, 1928, inserted "and/or live poul try". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1540. § 113a. Establishment of research laboratories for foot-and-mouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations The Secretary of Agriculture is authorized to establish research laboratories, including the acquisition of necessary land, buildings, or facilities, and also the making of research contracts under the authority contained in section 427i(a) of title 7, for research and study, in the |