§ 7714.
(a)
Authority to hold, treat, or destroy items
If the Secretary considers it necessary in order to prevent the dissemination of a plant pest or noxious weed that is new to or not known to be widely prevalent or distributed within and throughout the United States, the Secretary may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of any plant, plant pest, noxious weed, biological control organism, plant product, article, or means of conveyance that—
(1)
is moving into or through the United States or interstate, or has moved into or through the United States or interstate, and—
(A)
the Secretary has reason to believe is a plant pest or noxious weed or is infested with a plant pest or noxious weed at the time of the movement; or
(B)
is or has been otherwise in violation of this chapter;
(2)
has not been maintained in compliance with a post-entry quarantine requirement; or
(3)
is the progeny of any plant, biological control organism, plant product, plant pest, or noxious weed that is moving into or through the United States or interstate, or has moved into the United States or interstate, in violation of this chapter.
([Pub. L. 106–224, title IV, § 414], June 20, 2000, [114 Stat. 444]; [Pub. L. 107–171, title X, § 10418(b)(1)], May 13, 2002, [116 Stat. 508].)