§ 7756. — Preemption.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7756]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER III--MISCELLANEOUS PROVISIONS
Sec. 7756. Preemption
(a) Regulation of foreign commerce
No State or political subdivision of a State may regulate in foreign
commerce any article, means of conveyance, plant, biological control
organism, plant pest, noxious weed, or plant product in order--
(1) to control a plant pest or noxious weed;
(2) to eradicate a plant pest or noxious weed; or
(3) prevent the introduction or dissemination of a biological
control organism, plant pest, or noxious weed.
(b) Regulation of interstate commerce
(1) In general
Except as provided in paragraph (2), no State or political
subdivision of a State may regulate the movement in interstate
commerce of any article, means of conveyance, plant, biological
control organism, plant pest, noxious weed, or plant product in
order to control a plant pest or noxious weed, eradicate a plant
pest or noxious weed, or prevent the introduction or dissemination
of a biological control organism, plant pest, or noxious weed, if
the Secretary has issued a regulation or order to prevent the
dissemination of the biological control organism, plant pest, or
noxious weed within the United States.
(2) Exceptions
(A) Regulations consistent with Federal regulations
A State or a political subdivision of a State may impose
prohibitions or restrictions upon the movement in interstate
commerce of articles, means of conveyance, plants, biological
control organisms, plant pests, noxious weeds, or plant products
that are consistent with and do not exceed the regulations or
orders issued by the Secretary.
(B) Special need
A State or political subdivision of a State may impose
prohibitions or restrictions upon the movement in interstate
commerce of articles, means of conveyance, plants, plant
products, biological control organisms, plant pests, or noxious
weeds that are in addition to the prohibitions or restrictions
imposed by the Secretary, if the State or political subdivision
of a State demonstrates to the Secretary and the Secretary finds
that there is a special need for additional prohibitions or
restrictions based on sound scientific data or a thorough risk
assessment.
(Pub. L. 106-224, title IV, Sec. 436, June 20, 2000, 114 Stat. 453.)
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating
to agricultural import and entry inspection activities under this
chapter to the Secretary of Homeland Security, and for treatment of
related references, see sections 231, 551(d), 552(d), and 557 of Title
6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
