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(continued)
Such standards shall provide that to be certified, an individual
must be determined to be competent with respect to the use and
handling of the pesticides, or to the use and handling of the
pesticide or class of pesticides covered by such individual's
certification. The certification standard for a private
applicator shall, under a State plan submitted for approval, be
deemed fulfilled by the applicator completing a certification
form. The Administrator shall further assure that such form
contains adequate information and affirmations to carry out the
intent of this subchapter, and may include in the form an
affirmation that the private applicator has completed a training
program approved by the Administrator so long as the program does
not require the private applicator to take, pursuant to a
requirement prescribed by the Administrator, any examination to
establish competency in the use of the pesticide. The
Administrator may require any pesticide dealer participating in a
certification program to be licensed under a State licensing
program approved by the Administrator.
(2) State certification
If any State, at any time, desires to certify applicators of
pesticides, the Governor of such State shall submit a State plan
for such purpose. The Administrator shall approve the plan
submitted by any State, or any modification thereof, if such plan
in the Administrator's judgment -
(A) designates a State agency as the agency responsible for
administering the plan throughout the State;
(B) contains satisfactory assurances that such agency has or
will have the legal authority and qualified personnel necessary
to carry out the plan;
(C) gives satisfactory assurances that the State will devote
adequate funds to the administration of the plan;
(D) provides that the State agency will make such reports to
the Administrator in such form and containing such information
as the Administrator may from time to time require; and
(E) contains satisfactory assurances that State standards for
the certification of applicators of pesticides conform with
those standards prescribed by the Administrator under paragraph
(1).
Any State certification program under this section shall be
maintained in accordance with the State plan approved under this
section.
(b) State plans
If the Administrator rejects a plan submitted under subsection
(a)(2) of this section, the Administrator shall afford the State
submitting the plan due notice and opportunity for hearing before
so doing. If the Administrator approves a plan submitted under
subsection (a)(2) of this section, then such State shall certify
applicators of pesticides with respect to such State. Whenever the
Administrator determines that a State is not administering the
certification program in accordance with the plan approved under
this section, the Administrator shall so notify the State and
provide for a hearing at the request of the State, and, if
appropriate corrective action is not taken within a reasonable
time, not to exceed ninety days, the Administrator shall withdraw
approval of such plan.
(c) Instruction in integrated pest management techniques
Standards prescribed by the Administrator for the certification
of applicators of pesticides under subsection (a) of this section,
and State plans submitted to the Administrator under subsection (a)
of this section, shall include provisions for making instructional
materials concerning integrated pest management techniques
available to individuals at their request in accordance with the
provisions of section 136u(c) of this title, but such plans may not
require that any individual receive instruction concerning such
techniques or to be shown to be competent with respect to the use
of such techniques. The Administrator and States implementing such
plans shall provide that all interested individuals are notified on
the availability of such instructional materials.
(d) In general
No regulations prescribed by the Administrator for carrying out
the provisions of this subchapter shall require any private
applicator to maintain any records or file any reports or other
documents.
(e) Separate standards
When establishing or approving standards for licensing or
certification, the Administrator shall establish separate standards
for commercial and private applicators.
-SOURCE-
(June 25, 1947, ch. 125, Sec. 11, formerly Secs. 4, 11, as added
Pub. L. 92-516, Sec. 2, Oct. 21, 1972, 86 Stat. 983, 989; amended
Pub. L. 94-140, Secs. 5, 11, Nov. 28, 1975, 89 Stat. 753, 754; Pub.
L. 95-396, Sec. 9, Sept. 30, 1978, 92 Stat. 827; Pub. L. 100-532,
title VIII, Sec. 801(c), (q)(1)(A)-(C), Oct. 25, 1988, 102 Stat.
2681, 2683; Pub. L. 102-237, title X, Sec. 1006(a)(6), (b)(1), (2),
(3)(K), Dec. 13, 1991, 105 Stat. 1895, 1896.)
-COD-
CODIFICATION
Pub. L. 100-532, Sec. 801(q)(1)(A), transferred subsecs. (a) to
(c) of section 4 of act June 25, 1947, which was classified to
section 136b of this title, to subsecs. (a) to (c) of this section.
-MISC1-
PRIOR PROVISIONS
A prior section 11 of act June 25, 1947, was classified to
section 135i of this title prior to amendment of act June 25, 1947,
by Pub. L. 92-516.
AMENDMENTS
1991 - Pub. L. 102-237, Sec. 1006(a)(6)(A), substituted
"applicators" for "appplicators" in section catchline.
Subsec. (a)(1). Pub. L. 102-237, Sec. 1006(b)(3)(K), substituted
"the applicator" for "his" in ninth sentence and "the
Administrator" for "him" before period at end.
Subsec. (a)(2). Pub. L. 102-237, Sec. 1006(b)(2), substituted
"the Administrator's" for "his" in introductory provisions.
Subsec. (b). Pub. L. 102-237, Sec. 1006(a)(6)(B), (b)(1),
substituted "subsection (a)(2) of this section" for "this
paragraph" in two places and "the Administrator" for "he" before
"shall afford" and before "shall so notify".
Subsec. (c). Pub. L. 102-237, Sec. 1006(a)(6)(C), substituted
"subsection (a)" for "subsections (a) and (b)" after "Administrator
under".
1988 - Pub. L. 100-532, Sec. 801(q)(1)(A), (C), substituted
section catchline for one which read: "Standards applicable to
pesticide applicators", redesignated subsecs. (a) and (b) as (d)
and (e), respectively, and transferred subsecs. (a) to (c) of
section 136b of this title to subsecs. (a) to (c), respectively, of
this section.
Subsec. (a)(1). Pub. L. 100-532, Sec. 801(c), substituted
"pesticides. Such program" for "pesticides: Provided, That such
program" and "certification. The certification" for "certification:
Provided, however, That the certification".
1978 - Subsec. (a)(1). Pub. L. 95-396 required that, in any State
without a State plan for applicator certification approved by the
Administrator, the Administrator, in consultation with the Governor
of the State, shall conduct a program for the certification of
applicators of pesticides under a Federal plan for applicator
certification, and also that in such a State records be maintained
and reports submitted by persons engaged in commercial application,
sale or distribution of pesticides classified for restricted use.
1975 - Subsec. (a)(1). Pub. L. 94-140, Sec. 5, inserted proviso
relating to Administrator's powers and duties with respect to the
certification forms and requirement for pesticide dealers
participating in certification program.
Subsec. (c). Pub. L. 94-140, Sec. 11, added subsec. (c).
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as
a note under section 136 of this title.
EFFECTIVE DATE
For effective date of section, see section 4 of Pub. L. 92-516,
set out as a note under section 136 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 136, 136c, 136j, 136q,
136w-1 of this title.
-End-
-CITE-
7 USC Sec. 136i-1 01/19/04
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL
-HEAD-
Sec. 136i-1. Pesticide recordkeeping
-STATUTE-
(a) Requirements
(1) The Secretary of Agriculture, in consultation with the
Administrator of the Environmental Protection Agency, shall require
certified applicators of restricted use pesticides (of the type
described under section 136a(d)(1)(C) of this title) to maintain
records comparable to records maintained by commercial applicators
of pesticides in each State. If there is no State requirement for
the maintenance of records, such applicator shall maintain records
that contain the product name, amount, approximate date of
application, and location of application of each such pesticide
used for a 2-year period after such use.
(2) Within 30 days of a pesticide application, a commercial
certified applicator shall provide a copy of records maintained
under paragraph (1) to the person for whom such application was
provided.
(b) Access
Records maintained under subsection (a) of this section shall be
made available to any Federal or State agency that deals with
pesticide use or any health or environmental issue related to the
use of pesticides, on the request of such agency. Each such Federal
agency shall conduct surveys and record the data from individual
applicators to facilitate statistical analysis for environmental
and agronomic purposes, but in no case may a government agency
release data, including the location from which the data was
derived, that would directly or indirectly reveal the identity of
individual producers. In the case of Federal agencies, such access
to records maintained under subsection (a) of this section shall be
through the Secretary of Agriculture, or the Secretary's designee.
State agency requests for access to records maintained under
subsection (a) of this section shall be through the lead State
agency so designated by the State.
(c) Health care personnel
When a health professional determines that pesticide information
maintained under this section is necessary to provide medical
treatment or first aid to an individual who may have been exposed
to pesticides for which the information is maintained, upon request
persons required to maintain records under subsection (a) of this
section shall promptly provide record and available label
information to that health professional. In the case of an
emergency, such record information shall be provided immediately.
(d) Penalty
The Secretary of Agriculture shall be responsible for the
enforcement of subsections (a), (b), and (c) of this section. A
violation of such subsection shall -
(1) in the case of the first offense, be subject to a fine of
not more than $500; and
(2) in the case of subsequent offenses, be subject to a fine of
not less than $1,000 for each violation, except that the penalty
shall be less than $1,000 if the Secretary determines that the
person made a good faith effort to comply with such subsection.
(e) Federal or State provisions
The requirements of this section shall not affect provisions of
other Federal or State laws.
(f) Surveys and reports
The Secretary of Agriculture and the Administrator of the
Environmental Protection Agency, shall survey the records
maintained under subsection (a) of this section to develop and
maintain a data base that is sufficient to enable the Secretary and
the Administrator to publish annual comprehensive reports
concerning agricultural and nonagricultural pesticide use. The
Secretary and Administrator shall enter into a memorandum of
understanding to define their respective responsibilities under
this subsection in order to avoid duplication of effort. Such
reports shall be transmitted to Congress not later than April 1 of
each year.
(g) Regulations
The Secretary of Agriculture and the Administrator of the
Environmental Protection Agency shall promulgate regulations on
their respective areas of responsibility implementing this section
within 180 days after November 28, 1990.
-SOURCE-
(Pub. L. 101-624, title XIV, Sec. 1491, Nov. 28, 1990, 104 Stat.
3627; Pub. L. 102-237, title X, Sec. 1006(d), Dec. 13, 1991, 105
Stat. 1896.)
-COD-
CODIFICATION
Section was enacted as part of the Conservation Program
Improvements Act, and also as part of the Food, Agriculture,
Conservation, and Trade Act of 1990, and not as part of the Federal
Insecticide, Fungicide, and Rodenticide Act which comprises this
subchapter.
-MISC1-
AMENDMENTS
1991 - Subsec. (a)(1). Pub. L. 102-237, Sec. 1006(d)(1), inserted
closing parenthesis after "section 136a(d)(1)(C) of this title".
Subsec. (d)(1). Pub. L. 102-237, Sec. 1006(d)(2), inserted "of"
after "fine".
-End-
-CITE-
7 USC Sec. 136i-2 01/19/04
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL
-HEAD-
Sec. 136i-2. Collection of pesticide use information
-STATUTE-
(a) In general
The Secretary of Agriculture shall collect data of statewide or
regional significance on the use of pesticides to control pests and
diseases of major crops and crops of dietary significance,
including fruits and vegetables.
(b) Collection
The data shall be collected by surveys of farmers or from other
sources offering statistically reliable data.
(c) Coordination
The Secretary of Agriculture shall, as appropriate, coordinate
with the Administrator of the Environmental Protection Agency in
the design of the surveys and make available to the Administrator
the aggregate results of the surveys to assist the Administrator.
-SOURCE-
(Pub. L. 104-170, title III, Sec. 302, Aug. 3, 1996, 110 Stat.
1512.)
-COD-
CODIFICATION
Section was enacted as part of the Food Quality Protection Act of
1996, and not as part of the Federal Insecticide, Fungicide, and
Rodenticide Act which comprises this subchapter.
-MISC1-
PESTICIDE USE INFORMATION STUDY
Section 305 of Pub. L. 104-170 provided that:
"(a) The Secretary of Agriculture shall, in consultation with the
Administrator of the Environmental Protection Agency, prepare a
report to Congress evaluating the current status and potential
improvements in Federal pesticide use information gathering
activities. This report shall at least include -
"(1) an analysis of the quality and reliability of the
information collected by the Department of Agriculture, the
Environmental Protection Agency, and other Federal agencies
regarding the agricultural use of pesticides; and
"(2) an analysis of options to increase the effectiveness of
national pesticide use information collection, including an
analysis of costs, burdens placed on agricultural producers and
other pesticide users, and effectiveness in tracking risk
reduction by those options.
"(b) The Secretary shall submit this report to Congress not later
than 1 year following the date of enactment of this section [Aug.
3, 1996]."
-End-
-CITE-
7 USC Sec. 136j 01/19/04
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL
-HEAD-
Sec. 136j. Unlawful acts
-STATUTE-
(a) In general
(1) Except as provided by subsection (b) of this section, it
shall be unlawful for any person in any State to distribute or sell
to any person -
(A) any pesticide that is not registered under section 136a of
this title or whose registration has been canceled or suspended,
except to the extent that distribution or sale otherwise has been
authorized by the Administrator under this subchapter;
(B) any registered pesticide if any claims made for it as a
part of its distribution or sale substantially differ from any
claims made for it as a part of the statement required in
connection with its registration under section 136a of this
title;
(C) any registered pesticide the composition of which differs
at the time of its distribution or sale from its composition as
described in the statement required in connection with its
registration under section 136a of this title;
(D) any pesticide which has not been colored or discolored
pursuant to the provisions of section 136w(c)(5) of this title;
(E) any pesticide which is adulterated or misbranded; or
(F) any device which is misbranded.
(2) It shall be unlawful for any person -
(A) to detach, alter, deface, or destroy, in whole or in part,
any labeling required under this subchapter;
(B) to refuse to -
(i) prepare, maintain, or submit any records required by or
under section 136c, 136e, 136f, 136i, or 136q of this title;
(ii) submit any reports required by or under section 136c,
136d, 136e, 136f, 136i, or 136q of this title; or
(iii) allow any entry, inspection, copying of records, or
sampling authorized by this subchapter;
(C) to give a guaranty or undertaking provided for in
subsection (b) of this section which is false in any particular,
except that a person who receives and relies upon a guaranty
authorized under subsection (b) of this section may give a
guaranty to the same effect, which guaranty shall contain, in
addition to the person's own name and address, the name and
address of the person residing in the United States from whom the
person received the guaranty or undertaking;
(D) to use for the person's own advantage or to reveal, other
than to the Administrator, or officials or employees of the
Environmental Protection Agency or other Federal executive
agencies, or to the courts, or to physicians, pharmacists, and
other qualified persons, needing such information for the
performance of their duties, in accordance with such directions
as the Administrator may prescribe, any information acquired by
authority of this subchapter which is confidential under this
subchapter;
(E) who is a registrant, wholesaler, dealer, retailer, or other
distributor to advertise a product registered under this
subchapter for restricted use without giving the classification
of the product assigned to it under section 136a of this title;
(F) to distribute or sell, or to make available for use, or to
use, any registered pesticide classified for restricted use for
some or all purposes other than in accordance with section
136a(d) of this title and any regulations thereunder, except that
it shall not be unlawful to sell, under regulations issued by the
Administrator, a restricted use pesticide to a person who is not
a certified applicator for application by a certified applicator;
(G) to use any registered pesticide in a manner inconsistent
with its labeling;
(H) to use any pesticide which is under an experimental use
permit contrary to the provisions of such permit;
(I) to violate any order issued under section 136k of this
title;
(J) to violate any suspension order issued under section
136a(c)(2)(B), 136a-1, or 136d of this title;
(K) to violate any cancellation order issued under this
subchapter or to fail to submit a notice in accordance with
section 136d(g) of this title;
(L) who is a producer to violate any of the provisions of
section 136e of this title;
(M) to knowingly falsify all or part of any application for
registration, application for experimental use permit, any
information submitted to the Administrator pursuant to section
136e of this title, any records required to be maintained
pursuant to this subchapter, any report filed under this
subchapter, or any information marked as confidential and
submitted to the Administrator under any provision of this
subchapter;
(N) who is a registrant, wholesaler, dealer, retailer, or other
distributor to fail to file reports required by this subchapter;
(O) to add any substance to, or take any substance from, any
pesticide in a manner that may defeat the purpose of this
subchapter;
(P) to use any pesticide in tests on human beings unless such
human beings (i) are fully informed of the nature and purposes of
the test and of any physical and mental health consequences which
are reasonably foreseeable therefrom, and (ii) freely volunteer
to participate in the test;
(Q) to falsify all or part of any information relating to the
testing of any pesticide (or any ingredient, metabolite, or
degradation product thereof), including the nature of any
protocol, procedure, substance, organism, or equipment used,
observation made, or conclusion or opinion formed, submitted to
the Administrator, or that the person knows will be furnished to
the Administrator or will become a part of any records required
to be maintained by this subchapter;
(R) to submit to the Administrator data known to be false in
support of a registration; or
(S) to violate any regulation issued under section 136a(a) or
136q of this title.
(b) Exemptions
The penalties provided for a violation of paragraph (1) of
subsection (a) of this section shall not apply to -
(1) any person who establishes a guaranty signed by, and
containing the name and address of, the registrant or person
residing in the United States from whom the person purchased or
received in good faith the pesticide in the same unbroken
package, to the effect that the pesticide was lawfully registered
at the time of sale and delivery to the person, and that it
complies with the other requirements of this subchapter, and in
such case the guarantor shall be subject to the penalties which
would otherwise attach to the person holding the guaranty under
the provisions of this subchapter;
(2) any carrier while lawfully shipping, transporting, or
delivering for shipment any pesticide or device, if such carrier
upon request of any officer or employee duly designated by the
Administrator shall permit such officer or employee to copy all
of its records concerning such pesticide or device;
(3) any public official while engaged in the performance of the
official duties of the public official;
(4) any person using or possessing any pesticide as provided by
an experimental use permit in effect with respect to such
pesticide and such use or possession; or
(5) any person who ships a substance or mixture of substances
being put through tests in which the purpose is only to determine
its value for pesticide purposes or to determine its toxicity or
other properties and from which the user does not expect to
receive any benefit in pest control from its use.
-SOURCE-
(June 25, 1947, ch. 125, Sec. 12, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 989; amended Pub. L. 95-396, Sec. 16, Sept.
30, 1978, 92 Stat. 832; Pub. L. 100-532, title VI, Secs. 601(b)(2),
603, title VIII, Sec. 801(g), (q)(2)(B), Oct. 25, 1988, 102 Stat.
2677, 2678, 2682, 2683; Pub. L. 102-237, title X, Sec. 1006(a)(7),
(b)(3)(L)-(O), Dec. 13, 1991, 105 Stat. 1895, 1896.)
-MISC1-
PRIOR PROVISIONS
A prior section 12 of act June 25, 1947, was classified to
section 135j of this title prior to amendment of act June 25, 1947,
by Pub. L. 92-516.
AMENDMENTS
1991 - Subsec. (a)(2)(C). Pub. L. 102-237, Sec. 1006(b)(3)(L),
substituted "the person's" for "his" and "the person" for "he"
before "received".
Subsec. (a)(2)(D). Pub. L. 102-237, Sec. 1006(b)(3)(M),
substituted "the person's" for "his".
Subsec. (a)(2)(F). Pub. L. 102-237, Sec. 1006(a)(7)(A),
substituted "thereunder, except that it" for "thereunder. It".
Subsec. (a)(2)(O). Pub. L. 102-237, Sec. 1006(a)(7)(B), struck
out "or" after semicolon at end.
Subsec. (a)(2)(P). Pub. L. 102-237, Sec. 1006(a)(7)(C),
substituted a semicolon for period at end.
Subsec. (b)(1). Pub. L. 102-237, Sec. 1006(b)(3)(N), substituted
"the person" for "he" after "from whom" and for "him" after
"delivery to".
Subsec. (b)(3). Pub. L. 102-237, Sec. 1006(b)(3)(O), substituted
"the official duties of the public official" for "his official
duties".
1988 - Subsec. (a)(1). Pub. L. 100-532, Sec. 601(b)(2)(A), in
introductory provisions, substituted "distribute or sell to any
person" for "distribute, sell, offer for sale, hold for sale, ship,
deliver for shipment, or receive and (having so received) deliver
or offer to deliver, to any person".
Subsec. (a)(1)(A). Pub. L. 100-532, Sec. 603(1), added subpar.
(A) and struck out former subpar. (A) which read as follows: "any
pesticide which is not registered under section 136a of this title,
except as provided by section 136d(a)(1) of this title;".
Subsec. (a)(2)(B). Pub. L. 100-532, Sec. 603(2)(A), added subpar.
(B) and struck out former subpar. (B) which read as follows: "to
refuse to keep any records required pursuant to section 136f of
this title, or to refuse to allow inspection of any records or
establishment pursuant to section 136f or 136g of this title, or to
refuse to allow an officer or employee of the Environmental
Protection Agency to take a sample of any pesticide pursuant to
section 136g of this title;".
Subsec. (a)(2)(F). Pub. L. 100-532, Secs. 601(b)(2)(B), 801(g),
substituted "to distribute or sell, or to make" for "to make" and
"thereunder, It" for "thereunder: Provided, That it".
Subsec. (a)(2)(J). Pub. L. 100-532, Sec. 801(q)(2)(B), made a
technical amendment to the reference to section 136a-1 of this
title to reflect the renumbering of the corresponding section of
the original act.
Pub. L. 100-532, Sec. 603(2)(B), added subpar. (J) and struck out
former subpar. (J) which read as follows: "to violate any
suspension order issued under section 136d of this title;".
Subsec. (a)(2)(K). Pub. L. 100-532, Sec. 603(2)(B), added subpar.
(K) and struck out former subpar. (K) which read as follows: "to
violate any cancellation of registration of a pesticide under
section 136d of this title, except as provided by section
136d(a)(1) of this title;".
Subsec. (a)(2)(M). Pub. L. 100-532, Sec. 603(2)(C), substituted
"this subchapter" for "section 136f of this title".
Subsec. (a)(2)(Q), (R), (S). Pub. L. 100-532, Sec. 603(2)(D),
added subpars. (Q), (R), and (S).
1978 - Subsec. (a)(2)(F). Pub. L. 95-396 inserted proviso
exempting from prohibition the sale, under regulations issued by
the Administrator, of a restricted use pesticide to a person who is
not a certified applicator for application by a certified
applicator.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as
a note under section 136 of this title.
EFFECTIVE DATE
For effective date of section, see section 4 of Pub. L. 92-516,
set out as a note under section 136 of this title.
-End-
-CITE-
7 USC Sec. 136k 01/19/04
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL
-HEAD-
Sec. 136k. Stop sale, use, removal, and seizure
-STATUTE-
(a) Stop sale, etc., orders
Whenever any pesticide or device is found by the Administrator in
any State and there is reason to believe on the basis of inspection
or tests that such pesticide or device is in violation of any of
the provisions of this subchapter, or that such pesticide or device
has been or is intended to be distributed or sold in violation of
any such provisions, or when the registration of the pesticide has
been canceled by a final order or has been suspended, the
Administrator may issue a written or printed "stop sale, use, or
removal" order to any person who owns, controls, or has custody of
such pesticide or device, and after receipt of such order no person
shall sell, use, or remove the pesticide or device described in the
order except in accordance with the provisions of the order.
(b) Seizure
Any pesticide or device that is being transported or, having been
transported, remains unsold or in original unbroken packages, or
that is sold or offered for sale in any State, or that is imported
from a foreign country, shall be liable to be proceeded against in
any district court in the district where it is found and seized for
confiscation by a process in rem for condemnation if -
(1) in the case of a pesticide -
(A) it is adulterated or misbranded;
(B) it is not registered pursuant to the provisions of
section 136a of this title;
(C) its labeling fails to bear the information required by
this subchapter;
(D) it is not colored or discolored and such coloring or
discoloring is required under this subchapter; or
(E) any of the claims made for it or any of the directions
for its use differ in substance from the representations made
in connection with its registration;
(2) in the case of a device, it is misbranded; or
(3) in the case of a pesticide or device, when used in
accordance with the requirements imposed under this subchapter
and as directed by the labeling, it nevertheless causes
unreasonable adverse effects on the environment.
In the case of a plant regulator, defoliant, or desiccant, used in
accordance with the label claims and recommendations, physical or
physiological effects on plants or parts thereof shall not be
deemed to be injury, when such effects are the purpose for which
the plant regulator, defoliant, or desiccant was applied.
(c) Disposition after condemnation
If the pesticide or device is condemned it shall, after entry of
the decree, be disposed of by destruction or sale as the court may
direct and the proceeds, if sold, less the court costs, shall be
paid into the Treasury of the United States, but the pesticide or
device shall not be sold contrary to the provisions of this
subchapter or the laws of the jurisdiction in which it is sold. On
payment of the costs of the condemnation proceedings and the
execution and delivery of a good and sufficient bond conditioned
that the pesticide or device shall not be sold or otherwise
disposed of contrary to the provisions of the subchapter or the
laws of any jurisdiction in which sold, the court may direct that
such pesticide or device be delivered to the owner thereof. The
proceedings of such condemnation cases shall conform, as near as
may be to the proceedings in admiralty, except that either party
may demand trial by jury of any issue of fact joined in any case,
and all such proceedings shall be at the suit of and in the name of
the United States.
(d) Court costs, etc.
When a decree of condemnation is entered against the pesticide or
device, court costs and fees, storage, and other proper expenses
shall be awarded against the person, if any, intervening as
claimant of the pesticide or device.
-SOURCE-
(June 25, 1947, ch. 125, Sec. 13, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 991; amended Pub. L. 100-532, title VIII,
Sec. 801(h), Oct. 25, 1988, 102 Stat. 2682.)
-MISC1-
PRIOR PROVISIONS
A prior section 13 of act June 25, 1947, was classified to
section 135k of this title prior to amendment of act June 25, 1947,
by Pub. L. 92-516.
AMENDMENTS
1988 - Subsec. (b). Pub. L. 100-532, Sec. 801(h)(1), directed
that sentence beginning "In the case of" be moved from par. (3) and
become a full measure sentence after par. (3).
Subsec. (c). Pub. L. 100-532, Sec. 801(h)(2), substituted "sold.
On" for "sold: Provided, That upon".
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as
a note under section 136 of this title.
EFFECTIVE DATE
For effective date of section, see section 4 of Pub. L. 92-516,
set out as a note under section 136 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 136e, 136j, 136q of this
title.
-End-
-CITE-
7 USC Sec. 136l 01/19/04
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL
-HEAD-
Sec. 136l. Penalties
-STATUTE-
(a) Civil penalties
(1) In general
Any registrant, commercial applicator, wholesaler, dealer,
retailer, or other distributor who violates any provision of this
subchapter may be assessed a civil penalty by the Administrator
of not more than $5,000 for each offense.
(2) Private applicator
Any private applicator or other person not included in
paragraph (1) who violates any provision of this subchapter
subsequent to receiving a written warning from the Administrator
or following a citation for a prior violation, may be assessed a
civil penalty by the Administrator of not more than $1,000 for
each offense, except that any applicator not included under
paragraph (1) of this subsection who holds or applies registered
pesticides, or uses dilutions of registered pesticides, only to
provide a service of controlling pests without delivering any
unapplied pesticide to any person so served, and who violates any
provision of this subchapter may be assessed a civil penalty by
the Administrator of not more than $500 for the first offense nor
more than $1,000 for each subsequent offense.
(3) Hearing
No civil penalty shall be assessed unless the person charged
shall have been given notice and opportunity for a hearing on
such charge in the county, parish, or incorporated city of the
residence of the person charged.
(4) Determination of penalty
In determining the amount of the penalty, the Administrator
shall consider the appropriateness of such penalty to the size of
the business of the person charged, the effect on the person's
ability to continue in business, and the gravity of the
violation. Whenever the Administrator finds that the violation
occurred despite the exercise of due care or did not cause
significant harm to health or the environment, the Administrator
may issue a warning in lieu of assessing a penalty.
(5) References to Attorney General
In case of inability to collect such civil penalty or failure
of any person to pay all, or such portion of such civil penalty
as the Administrator may determine, the Administrator shall refer
the matter to the Attorney General, who shall recover such amount
by action in the appropriate United States district court.
(b) Criminal penalties
(1) In general
(A) Any registrant, applicant for a registration, or producer
who knowingly violates any provision of this subchapter shall be
fined not more than $50,000 or imprisoned for not more than 1
year, or both.
(B) Any commercial applicator of a restricted use pesticide, or
any other person not described in subparagraph (A) who
distributes or sells pesticides or devices, who knowingly
violates any provision of this subchapter shall be fined not more
than $25,000 or imprisoned for not more than 1 year, or both.
(2) Private applicator
Any private applicator or other person not included in
paragraph (1) who knowingly violates any provision of this
subchapter shall be guilty of a misdemeanor and shall on
conviction be fined not more than $1,000, or imprisoned for not
more than 30 days, or both.
(3) Disclosure of information
Any person, who, with intent to defraud, uses or reveals
information relative to formulas of products acquired under the
authority of section 136a of this title, shall be fined not more
than $10,000, or imprisoned for not more than three years, or
both.
(4) Acts of officers, agents, etc.
When construing and enforcing the provisions of this
subchapter, the act, omission, or failure of any officer, agent,
or other person acting for or employed by any person shall in
every case be also deemed to be the act, omission, or failure of
such person as well as that of the person employed.
-SOURCE-
(June 25, 1947, ch. 125, Sec. 14, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 992; amended Pub. L. 95-396, Sec. 17, Sept.
30, 1978, 92 Stat. 832; Pub. L. 100-532, title VI, Sec. 604, Oct.
25, 1988, 102 Stat. 2678; Pub. L. 102-237, title X, Sec.
1006(a)(8), Dec. 13, 1991, 105 Stat. 1895.)
-MISC1-
AMENDMENTS
1991 - Subsec. (a)(2). Pub. L. 102-237 substituted ", except
that" for ": Provided, That" and "uses" for "use".
1988 - Subsec. (b)(1). Pub. L. 100-532 amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "Any
registrant, commercial applicator, wholesaler, dealer, retailer, or
other distributor who knowingly violates any provision of this
subchapter shall be guilty of a misdemeanor and shall on conviction
be fined not more than $25,000, or imprisoned for not more than one
year, or both."
1978 - Subsec. (a)(2). Pub. L. 95-396, Sec. 17(1), authorized
assessment of a civil penalty of not more than $500 for a first
offense and not more than $1,000 for each subsequent offense
against any applicator providing a service of controlling pests for
violations of this subchapter.
Subsec. (a)(3). Pub. L. 95-396, Sec. 17(2), struck out provision
respecting certain considerations when determining amount of
penalty, now covered in par. (4).
Subsec. (a)(4). Pub. L. 95-396, Sec. 17(4), reenacted second
sentence of par. (3) as par. (4) and authorized Administrator to
issue a warning in lieu of assessing a penalty. Former par. (4)
redesignated (5).
Subsec. (a)(5). Pub. L. 95-396, Sec. 17(3), redesignated former
par. (4) as (5).
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as
a note under section 136 of this title.
EFFECTIVE DATE
For effective date of section, see section 4 of Pub. L. 92-516,
set out as a note under section 136 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 136a-1, 136g, 136q of
this title.
-End-
-CITE-
7 USC Sec. 136m 01/19/04
-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL
-HEAD-
Sec. 136m. Indemnities
-STATUTE-
(a) General indemnification
(1) In general
Except as otherwise provided in this section, if -
(A) the Administrator notifies a registrant under section
136d(c)(1) of this title that the Administrator intends to
suspend a registration or that an emergency order of suspension
of a registration under section 136d(c)(3) of this title has
been issued;
(B) the registration in question is suspended under section
136d(c) of this title, and thereafter is canceled under section
136d(b), 136d(d), or 136d(f) of this title; and
(C) any person who owned any quantity of the pesticide
immediately before the notice to the registrant under
subparagraph (A) suffered losses by reason of suspension or
cancellation of the registration;
the Administrator shall make an indemnity payment to the person.
(2) Exception
Paragraph (1) shall not apply if the Administrator finds that
the person -
(A) had knowledge of facts that, in themselves, would have
shown that the pesticide did not meet the requirements of
section 136a(c)(5) of this title for registration; and
(B) continued thereafter to produce the pesticide without
giving timely notice of such facts to the Administrator.
(3) Report
If the Administrator takes an action under paragraph (1) that
requires the payment of indemnification, the Administrator shall
report to the Committee on Agriculture of the House of
Representatives, the Committee on Agriculture, Nutrition, and
Forestry of the Senate, and the Committees on Appropriations of
the House of Representatives and the Senate on -
(A) the action taken that requires the payment of
indemnification;
(B) the reasons for taking the action;
(C) the estimated cost of the payment; and
(D) a request for the appropriation of funds for the payment.
(4) Appropriation
The Administrator may not make a payment of indemnification
under paragraph (1) unless a specific line item appropriation of
funds has been made in advance for the payment.
(b) Indemnification of end users, dealers, and distributors
(1) End users
If -
(A) the Administrator notifies a registrant under section
136d(c)(1) of this title that the Administrator intends to
suspend a registration or that an emergency order of suspension
of a registration under section 136d(c)(3) of this title has
been issued;
(B) the registration in question is suspended under section
136d(c) of this title, and thereafter is canceled under section
136d(b), 136d(d), or 136d(f) of this title; and
(C) any person who, immediately before the notice to the
registrant under subparagraph (A), owned any quantity of the
pesticide for purposes of applying or using the pesticide as an
end user, rather than for purposes of distributing or selling
it or further processing it for distribution or sale, suffered
a loss by reason of the suspension or cancellation of the
pesticide;
the person shall be entitled to an indemnity payment under this
subsection for such quantity of the pesticide.
(2) Dealers and distributors
(A) Any registrant, wholesaler, dealer, or other distributor
(hereinafter in this paragraph referred to as a "seller") of a
registered pesticide who distributes or sells the pesticide
directly to any person not described as an end user in paragraph
(1)(C) shall, with respect to any quantity of the pesticide that
such person cannot use or resell as a result of the suspension or
cancellation of the pesticide, reimburse such person for the cost
of first acquiring the pesticide from the seller (other than the
cost of transportation, if any), unless the seller provided to
the person at the time of distribution or sale a notice, in
writing, that the pesticide is not subject to reimbursement by
the seller.
(B) If -
(i) the Administrator notifies a registrant under section
136d(c)(1) of this title that the Administrator intends to
suspend a registration or that an emergency order of suspension
of a registration under section 136d(c)(3) of this title has
been issued;
(ii) the registration in question is suspended under section
136d(c) of this title, and thereafter is canceled under section
136d(b), 136d(d), or 136d(f) of this title;
(iii) any person who, immediately before the notice to the
registrant under clause (i) -
(I) had not been notified in writing by the seller, as
provided under subparagraph (A), that any quantity of the
pesticide owned by such person is not subject to
reimbursement by the seller in the event of suspension or
cancellation of the pesticide; and
(II) owned any quantity of the pesticide for purposes of -
(aa) distributing or selling it; or
(bb) further processing it for distribution or sale
directly to an end user;
suffered a loss by reason of the suspension or cancellation of
the pesticide; and
(iv) the Administrator determines on the basis of a claim of
loss submitted to the Administrator by the person, that the
seller -
(I) did not provide the notice specified in subparagraph
(A) to such person; and
(II) is and will continue to be unable to provide
reimbursement to such person, as provided under subparagraph
(A), for the loss referred to in clause (iii), as a result of
the insolvency or bankruptcy of the seller and the seller's
resulting inability to provide such reimbursement;
the person shall be entitled to an indemnity payment under this
subsection for such quantity of the pesticide.
(C) If an indemnity payment is made by the United States under
this paragraph, the United States shall be subrogated to any
right that would otherwise be held under this paragraph by a
seller who is unable to make a reimbursement in accordance with
this paragraph with regard to reimbursements that otherwise would
have been made by the seller.
(3) Source
Any payment required to be made under paragraph (1) or (2)
shall be made from the appropriation provided under section 1304
of title 31.
(4) Administrative settlement
An administrative settlement of a claim for such indemnity may
be made in accordance with the third paragraph of section 2414 of
title 28 and shall be regarded as if it were made under that
section for purposes of section 1304 of title 31.
(c) Amount of payment
(1) In general
The amount of an indemnity payment under subsection (a) or (b)
of this section to any person shall be determined on the basis of
the cost of the pesticide owned by the person (other than the
cost of transportation, if any) immediately before the issuance
of the notice to the registrant referred to in subsection
(a)(1)(A), (b)(1)(A), or (b)(2)(B)(i) of this section, except
that in no event shall an indemnity payment to any person exceed
the fair market value of the pesticide owned by the person
immediately before the issuance of the notice.
(2) Special rule (continued)