1. U.S. Code
  2. title 7
  3. chapter 104
  4. subchapter III
  5. § 7756

Collapse to view only § 7756. Preemption

§ 7751. Cooperation
(a) In general
(b) ResponsibilityThe individual or entity cooperating with the Secretary under subsection (a) shall be responsible for—
(1) the authority necessary to conduct the operations or take measures on all land and properties within the foreign country or State, other than those owned or controlled by the United States; and
(2) other facilities and means as the Secretary determines necessary.
(c) Transfer of biological control methods
(d) Cooperation in program administration
(e) Phytosanitary issues
(1) conduct direct negotiations with plant health officials or other appropriate officials of other countries;
(2) provide technical assistance, training, and guidance to any country requesting such assistance in the development of agricultural health protection systems and import/export systems; and
(3) maintain plant health and quarantine expertise in other countries—
(A) to facilitate the establishment of phytosanitary systems and the resolution of phytosanitary issues;
(B) to assist those countries with agricultural health protection activities; and
(C) to provide general liaison on agricultural health issues with the plant health or other appropriate officials of the country.
(f) Transfer of cooperative agreement fund
(1) In general
(2) RequirementsTo be eligible for assistance or financing under paragraph (1), a unit of local government shall be—
(A) engaged in any activity relating to the eradication, prevention, control, or suppression of the plant pest infestation covered under the cooperative agreement between the Secretary and the State; and
(B) capable of documenting each plant pest infestation eradication, prevention, control, or suppression activity generally carried out by—
(i) the Department of Agriculture; or
(ii) the State department of agriculture that has jurisdiction over the unit of local government.
(Pub. L. 106–224, title IV, § 431, June 20, 2000, 114 Stat. 451; Pub. L. 110–234, title X, § 10206, May 22, 2008, 122 Stat. 1346; Pub. L. 110–246, § 4(a), title X, § 10206, June 18, 2008, 122 Stat. 1664, 2107.)

CITE AS: 7 USC 7751

§ 7752. Buildings, land, people, claims, and agreements
(a) In general
(b) Tort claims
(1) In general
(2) Requirements of claim
(Pub. L. 106–224, title IV, § 432, June 20, 2000, 114 Stat. 452.)

CITE AS: 7 USC 7752

§ 7753. Reimbursable agreements
(a) Authority to enter into agreements
(b) Funds collected for preclearance
(c) Payment of employees
(1) In general
(2) Reimbursement of the Secretary
(A) In general
(B) Use of funds
(d) Late payment penalties
(1) Collection
(2) Use of funds
(Pub. L. 106–224, title IV, § 433, June 20, 2000, 114 Stat. 452.)

CITE AS: 7 USC 7753

§ 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.)

CITE AS: 7 USC 7754

§ 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.)

CITE AS: 7 USC 7755

§ 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
(2) Exceptions
(A) Regulations consistent with Federal regulations
(B) Special need
(Pub. L. 106–224, title IV, § 436, June 20, 2000, 114 Stat. 453.)

CITE AS: 7 USC 7756

§ 7757. Severability

If any provision of this chapter or application of any provision of this chapter to any person or circumstances is held invalid, the remainder of this chapter and the application of the provision to other persons and circumstances shall not be affected by the invalidity.

(Pub. L. 106–224, title IV, § 437, June 20, 2000, 114 Stat. 454.)

CITE AS: 7 USC 7757

§ 7758. Repeal of superseded laws
(a), (b) Omitted
(c) Effect on regulations
(Pub. L. 106–224, title IV, § 438, June 20, 2000, 114 Stat. 454.)

CITE AS: 7 USC 7758

§ 7759. Fees for inspection of plants for exporting or transiting
(a) to (e) Repealed. Pub. L. 106–224, title IV, § 438(a)(3), June 20, 2000, 114 Stat. 454
(f) Authorization of appropriations; fees, late payment penalties, and accrued interest
(1) Notwithstanding paragraph (2), there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. Unless otherwise specifically authorized or provided for in appropriations Acts, no part of such sums shall be used to pay the cost or value of property injured or destroyed.
(2) The Secretary of Agriculture is authorized to prescribe and collect fees to recover the costs of providing for the inspection of plants and plant products offered for export or transiting the United States and certifying to shippers and interested parties as to the freedom of such plants and plant products from plant pests according to the phytosanitary requirements of the foreign countries to which such plants and plant products may be exported, or to the freedom from exposure to plant pests while in transit through the United States. Any person for whom such an activity is performed shall be liable for payment of fees assessed. Upon failure to pay such fees when due, the Secretary of Agriculture shall assess a late payment penalty, and such overdue fees shall accrue interest, as required by section 3717 of title 31. All fees, late payment penalties, and accrued interest collected shall be credited to such accounts that incur the costs and shall remain available until expended without fiscal year limitation. The Secretary of Agriculture shall have a lien for the fees, any late payment penalty, and any accrued interest assessed against the plant or plant product for which services have been provided. In the case of any person who fails to make payment when due, the Secretary of Agriculture shall also have a lien against any plant or plant product thereafter attempted to be exported by such person. The Secretary of Agriculture may, in case of nonpayment of the fees, late payment penalty, or accrued interest, after giving reasonable notice of default to the person liable for payment of such assessments, sell at public sale after reasonable public notice, or otherwise dispose of, any such plant or plant product upon which the Secretary of Agriculture has a lien pursuant to this section. If the sale proceeds exceed the fees due, any late payment penalty assessed, any accrued interest and the expenses of the sale, the excess shall be paid, in accordance with regulations of the Secretary of Agriculture, to the owner of the plant or plant product sold upon the owner making application therefore with proof of ownership, within six months after such sale, and otherwise the excess shall be credited to accounts that incur the costs and shall remain available until expended. The Secretary of Agriculture shall, pursuant to regulations as prescribed by the Secretary of Agriculture, suspend performance of services to persons who have failed to pay such fees, late payment penalty and accrued interest.
(Sept. 21, 1944, ch. 412, title I, § 102, 58 Stat. 735; June 17, 1949, ch. 220, 63 Stat. 200; Pub. L. 85–36, title II, § 201, May 23, 1957, 71 Stat. 35; Pub. L. 94–231, § 1, Mar. 15, 1976, 90 Stat. 215; Pub. L. 101–624, title XXV, §§ 2504, 2509(b), Nov. 28, 1990, 104 Stat. 4068, 4070; Pub. L. 106–224, title IV, § 438(a)(3), June 20, 2000, 114 Stat. 454.)

CITE AS: 7 USC 7759

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

When any State shall provide for terminal inspection of plants and plant products, and shall establish and maintain, at the sole expense of the State, such inspection at one or more places therein, the proper officials of said State may submit to the Secretary of Agriculture a list of plants and plant products and the plant pests transmitted thereby, that in the opinion of said officials should be subject to terminal inspection in order to prevent the introduction or dissemination in said State of pests injurious to agriculture. Upon his approval of said list, in whole or in part, the Secretary of Agriculture shall transmit the same to the United States Postal Service, and thereafter all packages containing any plants or plant products named in said approved lists shall, upon payment of postage therefor, be forwarded by the postmaster at the destination of said package to the proper State official at the nearest place where inspection is maintained. If the plants or plant products (including seed) are found upon inspection to be free from injurious pests and not in violation of a plant-quarantine law or plant-quarantine regulation of the United States Department of Agriculture or of the State of destination pertaining to such injurious pests, or if infected shall be disinfected by said official, they shall upon payment of postage therefor be returned to the postmaster at the place of inspection to be forward 1

1 So in original.
to the person to whom they are addressed; but if found to be infected with injurious pests and incapable of satisfactory disinfection or in violation of a plant-quarantine law or plant-quarantine regulation of the United States Department of Agriculture or of the State of destination pertaining to such injurious pests, the State inspector shall so notify the postmaster at the place of inspection who shall promptly notify the sender of said plants or plant products that they will be returned to him upon his request and at his expense, or in default of such request that they will be turned over to the State authorities for destruction.

It shall be unlawful for any person, firm, or corporation to deposit in the United States mails any package containing any plant or plant product addressed to any place within a State maintaining inspection thereof, as herein defined, without plainly marking the package so that its contents may be readily ascertained by an inspection of the outside thereof. Whoever shall fail to so mark said packages shall be punished by a fine of not more than $100.

The United States Postal Service is authorized and directed to make all needful rules and regulations for carrying out the purposes hereof.

(Mar. 4, 1915, ch. 144, 38 Stat. 1113; June 4, 1936, ch. 495, 49 Stat. 1461; Pub. L. 91–375, § 4(a), Aug. 12, 1970, 84 Stat. 773.)

CITE AS: 7 USC 7760

§ 7761. Repealed. Pub. L. 113–79, title X, § 10007(c), Feb. 7, 2014, 128 Stat. 947

CITE AS: 7 USC 7761