Page:United States Statutes at Large Volume 114 Part 1.djvu/490

 114 STAT. 454 PUBLIC LAW 106-224—JUNE 20, 2000 (2) EXCEPTIONS.— (A) REGULATIONS CONSISTENT WITH FEDERAL REGULA- TIONS.— ^A State or a political subdivision of a State may impose prohibitions or restrictions upon the movement in interstate commerce of Eirticles, 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) SPECLAL NEED. —^A State or political subdivision of a State may impose prohibitions or restrictions upon the movement in interstate commerce of articles, means of conveyetQce, 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 Secretsiry 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 USC 7757. SEC. 437. SEVERABILITY. If any provision of this title or application of any provision of this title to any person or circumsteinces is held invgdid, the remainder of this title and the application of the provision to other persons and circtunstances shall not be affected by the inva- Hdity. 7 USC 7758. SEC. 438. REPEAL OF SUPERSEDED LAWS. (a) REPEAL. —The following provisions of law are repealed: (1) The Act of August 20, 1912 (commonly known as the "Plant Quarantine Act") (7 U.S.C. 151-164a, 167). (2) The Federal Plant Pest Act (7 U.S.C. 150aa et seq. and 7 U.S.C. 147a note). (3) Subsections (a) through (e) of section 102 of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 147a). (4) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et seq.), except the first section and section 15 of that Act (7 U.S.C. 2801 note and 7 U.S.C. 2814). (5) The Act of January 31, 1942 (commonly known as the "Mexican Border Act") (7 U.S.C. 149). (6) The Joint Resolution of April 6, 1937 (commonly known as the "Insect Control Act") (7 U.S.C. 148 et seq.). (7) The Halogeton Glomeratus Act (7 U.S.C. 1651 et seq.). (8) The Golden Nematode Act (7 U.S.C. 150 et seq.). (9) Section 1773 of the Food Security Act of 1985 (Public Law 99-198; 7 U.S.C. 148f). (b) EMERGENCY TRANSFER AUTHORITY REGARDING PLANT PESTS. —The first section of Public Law 97-46 (7 U.S.C. 147b) is amended— (1) by striking "plant pests or"; and (2) by striking "section 102 of the Act of September 21, 1944, as amended (7 U.S.C. 147a), and". (c) EFFECT ON REGULATIONS.—Regulations issued under the authority of a provision of law repealed by subsection (a) shall remain in effect until such time as the Secretary issues a regulation under section 434 that supersedes the eeirlier regulation.

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