§7756 — Title 7 Agriculture | U.S. Code

Summary

States and local governments cannot make rules that affect foreign trade in seven kinds of items—things like plants, plant products, plant pests, noxious weeds, biological control organisms, and the ways they are moved—if the rule’s goal is to control, get rid of, or stop the spread of those pests, weeds, or organisms. For movement between states, the same rule applies when the Secretary has issued a federal rule or order to stop spread inside the U.S. States may have rules that match and do not go beyond the federal rule. They may add extra limits only if they show the Secretary there is a special need supported by sound scientific data or a full risk assessment and the Secretary agrees.

Title 7, §7756

Agriculture — Source: USLM XML via OLRC

(a)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)(1)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)(A)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)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