§7756 Preemption

Summary

States and local governments cannot tell people how to handle certain goods or living things in foreign trade to control, get rid of, or stop the spread of plant pests, noxious weeds, or biological control organisms. The rule covers items used in plant trade, like plants, pests, biological control organisms, plant products, and transport vehicles. If the U.S. Secretary issues a rule or order to prevent spread inside the United States, states may not regulate movement across state lines for those same goals. States may adopt rules that match federal rules and do not go beyond them. A state may add stricter limits only if it shows the Secretary sound scientific data or a thorough risk assessment and the Secretary agrees there is a special need.