7 CFR 360.600 - Preemption of State and local laws.

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§ 360.600 Preemption of State and local laws.
(a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political subdivision of a State may not regulate in foreign commerce any noxious weed in order to control it, eradicate it, or prevent its dissemination. A State or political subdivision of a State also may not impose prohibitions or restrictions upon the movement in interstate commerce of noxious weeds if the Secretary has issued a regulation or order to prevent the dissemination of the noxious weed within the United States. The only exceptions to this are:
(1) If the prohibitions or restrictions issued by the State or political subdivision of a State are consistent with and do not exceed the regulations or orders issued by the Secretary; or
(2) 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.
(b) Therefore, in accordance with section 436 of the Plant Protection Act, the regulations in this part preempt all State and local laws and regulations that are inconsistent with or exceed the regulations in this part unless a special need request has been granted in accordance with the regulations in §§ 301.1 through 301.13 of this chapter.
[74 FR 53400, Oct. 19. 2009. Redesignated at 75 FR 68955, Nov. 10, 2010]

Title 7 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 7.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-04-10; vol. 79 # 69 - Thursday, April 10, 2014
    1. 79 FR 19805 - Consolidation of Permit Procedures; Denial and Revocation of Permits
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service
      Final rule.
      Effective Date: May 12, 2014.
      7 CFR Parts 319, 322, and 360

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 7 - AGRICULTURE

§ 7701 - Findings

§ 7702 - Definitions

§ 7711 - Regulation of movement of plant pests

§ 7712 - Regulation of movement of plants, plant products, biological control organisms, noxious weeds, articles, and means of conveyance

§ 7712a - Reduction in backlog of agricultural export petitions

§ 7713 - Notification and holding requirements upon arrival

§ 7714 - General remedial measures for new plant pests and noxious weeds

§ 7715 - Declaration of extraordinary emergency and resulting authorities

§ 7716 - Recovery of compensation for unauthorized activities

§ 7717 - Control of grasshoppers and Mormon crickets

§ 7718 - Certification for exports

§ 7719 - Methyl bromide

§ 7720 - National plan for control and management of Sudden Oak Death

§ 7721 - Plant pest and disease management and disaster prevention

§ 7731 - Inspections, seizures, and warrants

§ 7732 - Collection of information

§ 7733 - Subpoena authority

§ 7734 - Penalties for violation

§ 7735 - Enforcement actions of Attorney General

§ 7736 - Court jurisdiction

§ 7751 - Cooperation

§ 7752 - Buildings, land, people, claims, and agreements

§ 7753 - Reimbursable agreements

§ 7754 - Regulations and orders

§ 7755 - Protection for mail handlers

§ 7756 - Preemption

§ 7757 - Severability

§ 7758 - Repeal of superseded laws

§ 7759 - Fees for inspection of plants for exporting or transiting

§ 7760 - State terminal inspection; transmission of mailed packages for State inspection; nonmailable matter; punishment for violations; rules and regulations by United States Postal Service

§ 7761 - Repealed.

§ 7771 - Authorization of appropriations

§ 7772 - Transfer authority

§ 7781 - Definitions

§ 7782 - Establishment of program

§ 7783 - Grants to weed management entities

§ 7784 - Agreements

§ 7785 - Relationship to other programs

§ 7786 - Authorization of appropriations

Title 7 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR 360 after this date.

  • 2014-04-10; vol. 79 # 69 - Thursday, April 10, 2014
    1. 79 FR 19805 - Consolidation of Permit Procedures; Denial and Revocation of Permits
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service
      Final rule.
      Effective Date: May 12, 2014.
      7 CFR Parts 319, 322, and 360