[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR352.3]

[Page 424-425]
 
                          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 that are unloaded, 
landed, or otherwise brought or moved into or through the United States 
in violation of this part may be seized, destroyed, or otherwise 
disposed of in accordance with section 414 of the Plant Protection Act 
(7 U.S.C. 7714). Any person who unloads, lands, or otherwise brings or 
moves into or through the United States any regulated plants, plant 
products, plant pests, soil, or other products or articles in violation 
of this part will 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

[[Page 425]]

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

[25 FR 1929, Mar. 5, 1960, as amended at 66 FR 21059, Apr. 27, 2001]