7 U.S.C. § 7756: Preemption

Summary

Stops states and local governments from controlling plants, plant products, vehicles that carry them, biological control organisms, plant pests, or noxious weeds in foreign trade to control, remove, or stop the spread of pests or weeds. It also prevents states from regulating the movement of those same things between states when the Secretary has issued a regulation or order to stop their spread. States may enforce rules that match federal rules and do not go beyond them. They may add stricter limits only if they show the Secretary there is a special need and the Secretary finds that need is supported by sound scientific data or a thorough risk assessment.

Title 7, §7756

Agriculture, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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 section 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.

§7756 Preemption

Summary

Title 7, §7756

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata