7 U.S.C. § 7756
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-
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.
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.
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.
7 U.S.C. § 7756
STATUTORY NOTES AND RELATED SUBSIDIARIES
TRANSFER OF FUNCTIONSFor 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.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- State
- The term "State" means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
- United States
- The term "United States" means all of the States.
- article
- The term "article" means any material or tangible object that could harbor plant pests or noxious weeds.
- biological control organism
- The term "biological control organism" means any enemy, antagonist, or competitor used to control a plant pest or noxious weed.
- interstate commerce
- The term "interstate commerce" means trade, traffic, or other commerce-(A) between a place in a State and a point in another State, or between points within the same State but through any place outside that State; or(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
- means of conveyance
- The term "means of conveyance" means any personal property used for or intended for use for the movement of any other personal property.
- noxious weed
- The term "noxious weed" means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment.
- plant pest
- The term "plant pest" means any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product:(A) A protozoan.(B) A nonhuman animal.(C) A parasitic plant.(D) A bacterium.(E) A fungus.(F) A virus or viroid.(G) An infectious agent or other pathogen.(H) Any article similar to or allied with any of the articles specified in the preceding subparagraphs.
- plant product
- The term "plant product" means-(A) any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant; or(B) any manufactured or processed plant or plant part.
- plant
- The term "plant" means any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.
- entry
- The terms "enter" and "entry" mean to move into, or the act of movement into, the commerce of the United States.
- import
- The terms "import" and "importation" mean to move into, or the act of movement into, the territorial limits of the United States.