Preventing Lethal Agricultural and National Threats (PLANT) Act

The PLANT Act would create a new criminal offense in the federal criminal code for reckless importation of dangerous agricultural pathogens. Specifically, it adds a rule that anyone who knowingly or recklessly imports a biological agent, toxin, or organism without the required permit or authorization from the USDA or other appropriate agency, and that agent is designated by regulation as a high-risk agricultural pathogen, could face fines and up to 10 years in prison (with harsher penalties, up to 20 years, if certain aggravating factors apply). The bill also establishes factors that can increase punishment and defines key terms like “recklessly” and “high-risk agricultural pathogen” (the latter to be defined by the Secretary of Agriculture in regulation). In short, the bill targets unauthorized import of regulated, high-risk agricultural pathogens and creates sharper penalties when the import is concealed, funded by a foreign government, or causes substantial economic harm. It relies on regulatory designations to identify the pathogens that fall under this offense and ties enhanced penalties to specific aggravating circumstances.