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42-704: The Plant Protection Act provides that the Secretary of the Department of Agriculture may issue regulations "to prevent the introduction of plant pests into the United States or the dissemination of plant pests within the United States." 7 U.S.C. §7711(a). Pursuant to that grant of authority, the Animal and Plant Health Inspection Service (APHIS) promulgated regulations that presume genetically engineered plants to be "plant pests"—and thus "regulated articles" under

84-435: A data base to help analyze agricultural pesticide use. The AMS Transportation and Marketing Program supplies research and technical information regarding the nation's food transportation system to producers, producer groups, shippers, exporters, rural communities, carriers, government agencies and universities. The program also administers a program involving financial grants to States for marketing improvements. In addition,

126-481: A limited time, whenever, in his opinion, it is necessary for the protection of animals in the United States against infectious or contagious diseases. 21 U.S.C.   § 113a authorizes the Secretary of Agriculture to establish research facilities for hoof and mouth disease and other animal diseases which “in the opinion of the Secretary” constitute a threat to U.S. livestock. Mandates strict controls for

168-520: A variety of domestically produced and processed commodity food products to support American agriculture by encouraging the consumption of domestic foods. The program also manages the Web-Based Supply Chain Management (WBSCM), a fully integrated, web-based ordering and procurement system used for the purchase of USDA Foods. Foods purchased by the program are delivered to schools, food banks, and households in communities across

210-635: Is considered a loophole by some such as Michael Hansen, a senior scientist at Consumers Union . This United States federal legislation article is a stub . You can help Misplaced Pages by expanding it . Animal and Plant Health Inspection Service The Animal and Plant Health Inspection Service ( APHIS ) is an agency of the United States Department of Agriculture (USDA) based in Riverdale, Maryland responsible for protecting animal health, animal welfare, and plant health. APHIS

252-602: Is defined as "any member of the animal kingdom (except a human)." 7 U.S.C.   § 8302 (1) (West 2009). Animal Welfare Act of 1966 , 7 U.S.C.   § 2131 et seq. Originally intended to prevent the theft of pets for sale to research facilities, the AWA now broadly regulates minimum standards of care and treatment of animals in research, exhibition, transport, and by dealers. It exempts birds, rats, or mice bred for use in research, horses not used for research, cold blooded animals, and all farm animals used in

294-555: Is divided into six operational programs units: APHIS is also divided into three management support units (Legislative and Public Affairs, Marketing and Regulatory Programs Business Services, and Policy and Program Development), and two offices that support government-wide initiatives: the Office of Emergency Management and Homeland Security and Office of Civil Rights Enforcement and Compliance. The current APHIS Administrator, Kevin Shea ,

336-716: Is still available. [REDACTED] Media related to Animal and Plant Health Inspection Service at Wikimedia Commons Agricultural Marketing Service The Agricultural Marketing Service ( AMS ) is an agency of the United States Department of Agriculture ; it maintains programs in five commodity areas: cotton and tobacco ; dairy ; fruit and vegetable ; livestock and seed ; and poultry . These programs provide testing, standardization, grading and market news services for those commodities, and oversee marketing agreements and orders, administer research and promotion programs, and purchase commodities for federal food programs. The AMS enforces certain federal laws such as

378-581: Is the lead agency for collaboration with other agencies to protect U.S. agriculture from invasive pests and diseases. APHIS's PPQ is the National Plant Protection Organization for the U.S., and the agency's head of veterinary services/veterinary Deputy Administrator is the Chief Veterinary Officer of the United States. APHIS was created in 1972 by Secretary's Memorandum No. 1769. The origins of

420-613: The Animal Welfare Act and carrying out wildlife damage management activities.” APHIS aims to protect American animals, plants, and the agricultural industry by offering: The threats and challenges within APHIS' scope include: APHIS is granted specific authority under several federal statutes: Animal Health Protection Act , 7 U.S.C.   § 8301 et seq. Governs the prevention, detection, control, and eradication of diseases and pests of animals, where "animal"

462-737: The Grain Inspection, Packers, and Stockyards Administration (GIPSA) and several program areas from the Farm Service Agency (FSA), into the Agricultural Marketing Service with the goal of better providing for farmers, ranchers, and producers while improving customer service and efficiency. AMS' primary function is to market American agricultural products inside and outside the United States. In addition to this, AMS also funds, administers, and supports agricultural research ; grades and certifies

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504-521: The National Environmental Policy Act of 1969 (NEPA), which requires federal agencies "to the fullest extent possible" to prepare a detailed environmental impact statement (EIS) for "every ... major Federal actio[n] significantly affecting the quality of the human environment." 42 U.S.C. §4332(2)(C). The agency need not complete an EIS if it finds, based on a shorter statement known as an environmental assessment (EA), that

546-732: The Perishable Agricultural Commodities Act and the Federal Seed Act . The AMS budget is $ 1.2 billion. It is headquartered in the Jamie L. Whitten Building in Washington, D.C. As of July 2021, AMS is led by Administrator Bruce Summers. Established in 1939 by Agriculture Secretary Henry A. Wallace (later Vice President ) through the merging and consolidation of various United States Department of Agriculture (USDA) bureaus and programs,

588-546: The USDA OIG published a report which identified numerous failures on the part of APHIS’ Animal Care (AC) unit to adequately enforce the AWA, including: The OIG audit further reported that at almost one-third of facilities, IACUCs failed to ensure that principal investigators (PIs) considered alternatives to painful procedures; the report cites this failure on the part of IACUCs as being the most frequent AWA violation at animal research facilities. In 2014, The USDA's Office of

630-578: The safety of agricultural products; and disseminates information and expertise in the agriculture and agriculture marking industries. The Livestock and Poultry Program (L&P) supports federal food and nutrition programs like the National School Lunch Program (NSLP). AMS also enforces the Perishable Agricultural Commodities Act (PACA), Federal Seed Act , Organic Foods Production Act , and Packers and Stockyards Act . The Warehouse and Commodity Management Division of

672-684: The 30 violators in our sample received” and that the Service “grant[ed] good faith reductions without merit or us[ed] a smaller number of violations than the actual number.” According to the USDA's report, APHIS agreed with the findings and will begin implanting reforms. On 4 February 2017, the USDA Animal Care Search Tool, a searchable database containing documents with details about the animals held by individual US animal research facility together with inspection and action reports,

714-575: The Advisory Committee on Universal Cotton Standards, Fruit & Vegetable Industry Advisory Committee (FVIAC), Grain Inspection Advisory Committee, National Organic Standards Board (NOSB), and Plant Variety Protection Board. The AMS National Organic Program (NOP) develops, implements, and administers national production, handling, and labeling standards for organic agricultural products. The NOP also accredits

756-505: The Agricultural Marketing Service (AMS) was tasked with facilitating fair and efficient marketing of American agricultural products, including food, fiber, and specialty crops both domestically and internationally. Most functions of the new Service were later consolidated into the Agricultural Marketing Administration in 1942 before being shifted again several times in the 1940s and 1950s. The agency

798-625: The Consumer and Marketing Service (later known as the Agricultural Marketing Service ) were added to APHS, thus creating the contemporary APHIS. In 2003, many APHIS agricultural border inspectors were transferred to U.S. Customs and Border Protection , a unit of the newly created U.S. Department of Homeland Security . APHIS is the primary agency responsible for responding to animal and plant disease(s) and pest emergencies as well as to other emergencies as set forth by

840-819: The Cotton and Tobacco Program is led by a Deputy Administrator and several Associate Deputy Administrators. Structurally, AMS is headed by the Office of the Administrator; below the Administrator are the Legislative and Regulatory Review Staff, Public Affairs Staff, Civil Rights Staff (within the Office of Civil Rights), and Administrative Management Staff. Beyond that, the AMS is divided into nine programs and one service which are further subdivided into divisions and staffs. AMS' nine programs are: The lone service of AMS is: Additionally, AMS receives input and counsel from

882-702: The Deputy Administrator for PPQ represents the United States in the North American Plant Protection Organization and other international fora related to plant health and quarantine. In addition to its domestic operations, APHIS International Services staff several overseas offices, including veterinary and plant health attachés in U.S. diplomatic missions as well as technicians carrying out disease and pest eradication and control programs. On February 26, 2022 Deputy Administrator Osama El-Lissy left to become

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924-556: The Fair Trade Practices Program administers United States Warehouse Act and Commodity Credit Corporation storage agreements. AMS is led by an administrator assisted by an associate and deputy associate administrator. Currently, these individuals are Administrator Bruce Summers, Associate Administrator Erin Morris, and Deputy Associate Administrator Lorenzo Tribbett, all longtime AMS employees. Additionally,

966-491: The Inspector General (OIG) criticized the Service for a number of issues including its failure to efficiently allocate resources and its failure to administer appropriate fines for animal welfare violations among other issues. The report found the Service conducted inspections at facilities that did not have any animals regulated under the Animal Welfare Act (AWA). According to the report, “[Animal Care] did not make

1008-538: The National Response Plan (NRP) completed in 2005 (APHIS Strategic Plan 2003–2008). APHIS celebrated its 50th anniversary on April 2, 2022. The originally-stated purpose of APHIS is to “protect the animal and plant resources of the nation” and carry out “a poultry and meat inspection program.” A more modern articulation of APHIS's mission is “protecting and promoting U.S. agricultural health, regulating genetically engineered organisms, administering

1050-458: The PPA—until APHIS determines otherwise. However, any person may petition APHIS for a determination that a regulated article does not present a plant pest risk and therefore should not be subject to the applicable regulations. APHIS may grant such a petition in whole or in part. In determining whether to grant nonregulated status to a genetically engineered plant variety, APHIS must comply with

1092-542: The Secretary of the International Plant Protection Convention . As the name suggests, IES takes referrals from other APHIS personnel as to investigations and enforcements that are needed based on personnel's observations in the course of their duties. APHIS has a budget of approximately $ 800 million annually and employs about 7,000 people, about 5,000 of which are deployed as inspectors at ports, borders and on farms. In 2005,

1134-478: The agency predate creation of USDA, to 1854 when the Office of Entomologist, Agricultural Section, U.S. Patent Office was created. It was the first of three agencies that eventually were merged to form APHIS. In 1881, a Cattle Commission was created in the Department of the Treasury that three years later was transferred to USDA. Plant quarantine functions followed in 1912 when USDA's Federal Horticultural Board

1176-516: The authority to regulate and to prohibit or restrict the importation, exportation, and the interstate movement of plants, plant products, certain biological control organisms, noxious weeds, and plant pests. Federal Seed Act, Title III , 7 U.S.C.   §§ 1551 – 1611 Requires accurate labeling and purity standards for seeds in commerce, and prohibits the importation and movement of adulterated or misbranded seeds. Honeybee Act , 7 U.S.C.   §§ 281 – 286 Prohibits or restricts

1218-534: The best use of its limited resources, which could have been assigned to inspect other more problematic facilities, including breeders, dealers, and exhibitors.” The Service was also criticized for prematurely closing cases that involved “grave (e.g., animal deaths) or repeat welfare violations.” When the service did levy fines against institutions for AWA violations, the Inspector General's report found “penalties that were reduced by an average of 86 percent from... authorized maximum penalty per violation. Consequently, 26 of

1260-426: The certifying agents (foreign and domestic) who inspect organic production and handling operations to certify that they meet USDA standards. The AMS Science and Technology Program provides scientific support services to the agricultural community and AMS programs, including laboratory analyses, laboratory quality assurance , and coordination of scientific research conducted by other agencies for AMS. In addition,

1302-542: The division assists in the planning and design of marketing facilities, processes, and methods in cooperation with state and local governments, universities, farmer groups, and other segments of the U.S. food industry. This program is intended to enhance the overall effectiveness of the food marketing system, provide better quality products to the consumer at reasonable cost, improve market access for growers with farms of small to medium size, and promote regional economic development. The Commodity Procurement Program purchases

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1344-402: The genomic material of the plant itself the modified organization may petition for determination of nonregulated status. "§340.6 Petition for determination of nonregulated status. (a) General. Any person may submit to the Administrator, a petition to seek a determination that an article should not be regulated under this part." Not regulating plant varieties produced by such genetic editing

1386-482: The importation or entry of honeybees and honeybee semen into or through the United States in order to prevent the introduction and spread of diseases and parasites harmful to honeybees, as well as genetically undesirable germ plasm and undesirable bee species. Animal quarantine laws: 21 U.S.C.   § 101 allows the President, by proclamation, to suspend the importation of all or any class of animals for

1428-651: The inadvertent introduction of brown tree snakes into other areas of the United States from Guam. Lacey Act , 16 U.S.C.   §§ 3371 – 3378 Makes it unlawful for any person to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law whether in interstate or foreign commerce. Plant Protection Act , 7 U.S.C.   § 7701 et seq. Consolidates all or part of ten existing USDA plant health laws into one comprehensive law. Gives USDA

1470-671: The production of “food and fiber.” It provides for licensing and registration of all animal dealers and exhibitors. Horse Protection Act , 15 U.S.C.   §§ 1821 – 1831 Prohibits horses subjected to a process called “soring” (injecting or applying chemicals to a horse's forelegs to accentuate its gait) from participating in and being transported to exhibitions, sales, shows, or auctions. Animal Damage Control Act of March 2, 1931 , 7 U.S.C.   §§ 426 – 426c Provides broad authority for investigation, demonstrations and control of “injurious animal species” (mammalian predators, rodents and birds.) Amended in 1991 to prevent

1512-719: The program's Plant Variety Protection Office administers the Plant Variety Protection Act , by issuing Certificates of Protection for new varieties of plants which are sexually reproduced (by seed) or tuber-propagated. The program also conducts a program to collect and analyze data about pesticide residue levels in agricultural commodities. It also administers the Pesticide Recordkeeping program, which requires all certified private applicators of federally restricted-use pesticide to maintain records of all applications. The records will be put into

1554-733: The proposed action will not have a significant environmental impact. "Plant pest" is defined by CFR Title 7 §340.1 as "Any living stage (including active and dormant forms) of 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 agents or substances, which can directly or indirectly injure or cause disease or damage in or to any plants or parts thereof, or any processed, manufactured, or other products of plants." Thus, if genetic engineering techniques do not include introduction of such material and only include manipulation of

1596-556: The use of any live virus at such research facilities. Permits the Secretary to hire up to five technical experts or scientists at a maximum paygrade of GS-18. (This appears to be one of the most prescriptive statutes that USDA administers.) 21 U.S.C.   § 114i authorizes the Secretary of Agriculture to establish and carry out a program for the eradication of pseudorabies in United States swine populations. Virus-Serum-Toxin Act , 21 U.S.C.   §§ 151 – 158 APHIS

1638-666: Was appointed in June 2013. His immediate predecessor, Dr. Greg Parham, was appointed in April 2011. The Deputy Administrator for Veterinary Services also functions as Chief Veterinary Officer of the United States, and represents the U.S. Government at the World Organization for Animal Health (OIE). APHIS Plant Protection and Quarantine (PPQ) is the National Plant Protection Organization ;

1680-497: Was created. Between the 1880s and 1930s, these evolved into the USDA Bureaus of Entomology, of Animal Industry, and of Plant Quarantine, respectively. In 1953, those three bureaus were made into the new Agricultural Research Service . In 1971, the animal and plant regulatory functions were separated from ARS to create a new entity known as Animal and Plant Health Services. In 1972, the meat and poultry inspection divisions of

1722-497: Was once renamed back into the AMS from 1953 to 1965 before becoming the Consumer and Marketing Service. In April 1972, the current structure of the AMS was officially established under the Department of Agriculture. AMS also began enforcing parts of the 1990 Organic Foods Production Act . Over the decades, AMS grew to also support ranchers , importers, exporters, and other agriculture industry groups. In 2017, Agriculture Secretary Sonny Perdue shifted several USDA offices, such as

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1764-541: Was removed from public access, with a stated reason of protecting personal information. The removal affects inspection reports, research facility annual reports, regulatory correspondence (such as official warnings), and certain enforcement records. Information from these documents can now only be requested via a Freedom of Information Act inquiry. This removal has been criticized as substantially limiting information on animal care in US institutions, and of inhibiting access to what

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