
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.)
