7 U.S.C. § 7754 — Regulations and orders

Page 2100 TITLE 7—AGRICULTURE § 7754 overdue funds shall accrue interest, as re- quired by section 3717 of title 31. (2) Use of funds Any late payment penalty and any accrued interest shall be credited to the account that incurs the costs and shall remain available until expended without fiscal year limitation. (Pub. L. 106–224, title IV, § 433, June 20, 2000, 114 Stat. 452.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, 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. § 7754. Regulations and orders The Secretary may issue such regulations and orders as the Secretary considers necessary to carry out this chapter. (Pub. L. 106–224, title IV, § 434, June 20, 2000, 114 Stat. 453.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, 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. § 7755. Protection for mail handlers This chapter shall not apply to any employee of the United States in the performance of the duties of the employee in handling the mail. (Pub. L. 106–224, title IV, § 435, June 20, 2000, 114 Stat. 453.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables. § 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 dissemina- tion 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 regu- late the movement in interstate commerce of any article, means of conveyance, plant, bio- logical 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 introduc- tion 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 regu- lations A State or a political subdivision of a State may impose prohibitions or restric- tions upon the movement in interstate com- merce 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 Sec- retary. (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 ad- dition to the prohibitions or restrictions im- posed by the Secretary, if the State or polit- ical subdivision of a State demonstrates to the Secretary and the Secretary finds that there is a special need for additional prohibi- tions or restrictions based on sound sci- entific data or a thorough risk assessment. (Pub. L. 106–224, title IV, § 436, June 20, 2000, 114 Stat. 453.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, 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. § 7757. Severability If any provision of this chapter or application of any provision of this chapter to any person or