Senator Feinstein Introduces Legislation to Increase Penalties
for the Organized Smuggling of Agriculture Products
January 23, 2001

Washington, DC – In the effort to combat exotic pests such as the Glassy-Winged Sharpshooter and the Mexican Fruit Fly, U.S. Senator Dianne Feinstein (D-Calif.) introduced legislation last night to make the organized smuggling of fruits, vegetables, and plants into the United States a felony.

“The smuggling of agriculture products poses an extreme threat to California’s $26 billion agriculture industry,” Senator Feinstein said. “It is my hope that these increased penalties will deter smugglers from bringing in fruits, vegetables, and plants into the United States.

“If, however, smugglers persist in illegally trafficking agriculture products, this legislation will give law enforcement officials the tools they need to investigate, arrest, and prosecute those involved in the illegal trafficking of agriculture products.”

Recent breaches of the agriculture safeguarding system have demonstrated the need for strong criminal penalties for organized smuggling: multiple exotic fruit fly infestations have decimated specialty crops in California and Florida; the Asian longhorn beetle has been found in New York and Illinois; the Asian gypsy moth has been introduced in North Carolina and Oregon; and the plum pox from Western Europe has devastated peach production in Pennsylvania.

The Fruit, Vegetable and Plant Smuggling Act of 2001 would make it a felony to knowingly and willfully smuggle large amounts of agriculture products into the country. Furthermore, persons caught smuggling foreign plant pests, more than 50 pounds of plants, more than 5 pounds of plant products, more than 50 pounds of noxious weeds, or possession with intent to distribute these products would be punished with imprisonment for up to 5 years, a fine of as much as $25,000, or both. Repeat violators would face 10 years of jail time and/or a fine of $50,000.

The legislation would also make smuggling lesser amounts of products a misdemeanor crime punishable by one year in jail and/or a $1,000 fine. Subsequent violations would result in three years of jail time and/or a fine of $10,000.