[Code of Federal Regulations]
[Title 7, Volume 5, Parts 200 to 399]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR352.3]

[Page 395-396]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS--Table of Contents
 
Sec. 352.3  Enforcement and administration.

    (a) Plants, plant products, plant pests, soil, and other products 
and articles subject to the regulations in this part which are unloaded 
or landed, or otherwise brought or moved into or through the United 
States in contravention of this part may be seized, destroyed, or 
otherwise disposed of as authorized by section 10 of the Plant 
Quarantine Act (7 U.S.C. 164a), section 105 of the Federal Plant Pest 
Act (7 U.S.C. 150dd), or the Mexican Border Act (7 U.S.C. 149). Any 
person who unloads or lands or otherwise brings or moves into or through 
the United States, any plants, plant products, plant pests, soil, or 
other products or articles subject to this part in any manner contrary 
to this part, shall be subject to prosecution under the applicable 
provisions of law.
    (b) Whenever the Deputy Administrator of the Plant Protection and 
Quarantine Programs shall find that existing conditions of danger of 
plant pest escape or dissemination involved in the arrival, unloading, 
landing, or other movement, or possession in the United States of 
plants, plant products, plant pests, soil, or other products or articles 
subject to the regulations in this part, make it safe to modify by 
making less stringent the restrictions contained in any such regulation, 
he shall publish such findings in administrative instructions, 
specifying the manner in which the regulations shall be made less 
stringent with respect thereto, whereupon such modification shall become 
effective; or he may, upon request in specific cases, when the public 
interests will permit, authorize arrival, unloading, landing, or other 
movement, or possession in the United States under conditions that are 
less stringent than those contained in the regulations in this part.
    (c) The Deputy Administrator also may set forth and publish, in 
administrative instructions, requirements and conditions for any class 
of products or articles supplemental to the regulations in this part, 
and may promulgate interpretations of this part.
    (d) The Deputy Administrator shall employ procedures to carry out 
the purposes of this part which will impose

[[Page 396]]

a minimum of impediment to foreign commerce, consistent with proper 
precaution against plant pest dissemination.