Loading (50 kb)...'

(continued)
Notwithstanding any other provision of this subchapter, the
Administrator may provide a reasonable time for use or other
disposal of the pesticide. In determining the quantity of any
pesticide for which indemnity shall be paid under this section,
proper adjustment shall be made for any pesticide used or
otherwise disposed of by the owner.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 15, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 993; amended Pub. L. 100-532, title V, Sec.
501(a), Oct. 25, 1988, 102 Stat. 2674.)


-MISC1-
AMENDMENTS
1988 - Pub. L. 100-532 amended section generally, in subsec. (a),
substituting provisions relating to general indemnification for
provisions relating to requirements for payment, adding subsec.
(b), and redesignating provisions of former subsec. (b), with
further amendment, as subsec. (c).

EFFECTIVE DATE OF 1988 AMENDMENT
Section 501(a) of Pub. L. 100-532 provided that amendment made by
Pub. L. 100-532 is effective 180 days after Oct. 25, 1988.

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.

INTERIM PAYMENTS
Section 501(b) of Pub. L. 100-532 provided that:
"(1) Source. - Any obligation of the Administrator to pay an
indemnity arising under section 15 [this section], as it existed
prior to the effective date of the amendment made by this section
[see Effective Date of 1988 Amendment note above], shall be made
from the appropriation provided under section 1304 of title 31,
United States Code.
"(2) 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, United States Code, and
shall be regarded as if it were made under that section for
purposes of section 1304 of title 31, United States Code."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 136a of this title.

-End-



-CITE-
7 USC Sec. 136n 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136n. Administrative procedure; judicial review

-STATUTE-
(a) District court review
Except as otherwise provided in this subchapter, the refusal of
the Administrator to cancel or suspend a registration or to change
a classification not following a hearing and other final actions of
the Administrator not committed to the discretion of the
Administrator by law are judicially reviewable by the district
courts of the United States.
(b) Review by court of appeals
In the case of actual controversy as to the validity of any order
issued by the Administrator following a public hearing, any person
who will be adversely affected by such order and who had been a
party to the proceedings may obtain judicial review by filing in
the United States court of appeals for the circuit wherein such
person resides or has a place of business, within 60 days after the
entry of such order, a petition praying that the order be set aside
in whole or in part. A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Administrator or any
officer designated by the Administrator for that purpose, and
thereupon the Administrator shall file in the court the record of
the proceedings on which the Administrator based the
Administrator's order, as provided in section 2112 of title 28.
Upon the filing of such petition the court shall have exclusive
jurisdiction to affirm or set aside the order complained of in
whole or in part. The court shall consider all evidence of record.
The order of the Administrator shall be sustained if it is
supported by substantial evidence when considered on the record as
a whole. The judgment of the court affirming or setting aside, in
whole or in part, any order under this section shall be final,
subject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title
28. The commencement of proceedings under this section shall not,
unless specifically ordered by the court to the contrary, operate
as a stay of an order.
(c) Jurisdiction of district courts
The district courts of the United States are vested with
jurisdiction specifically to enforce, and to prevent and restrain
violations of, this subchapter.
(d) Notice of judgments
The Administrator shall, by publication in such manner as the
Administrator may prescribe, give notice of all judgments entered
in actions instituted under the authority of this subchapter.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 16, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 994; amended Pub. L. 98-620, title IV, Sec.
402(4)(C), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 100-532, title
VIII, Sec. 801(i), Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102-237,
title X, Sec. 1006(b)(1), (2), (3)(P), Dec. 13, 1991, 105 Stat.
1895, 1896.)


-MISC1-
AMENDMENTS
1991 - Subsec. (b). Pub. L. 102-237, Sec. 1006(b)(1), (2),
(3)(P), substituted "the Administrator" for "he" before "based",
"the Administrator's" for "his", and "the Administrator" for "him"
after "designated by".
Subsec. (d). Pub. L. 102-237, Sec. 1006(b)(1), substituted "the
Administrator" for "he" before "may".
1988 - Subsec. (a). Pub. L. 100-532 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: "Except
as is otherwise provided in this subchapter, Agency refusals to
cancel or suspend registrations or change classifications not
following a hearing and other final Agency actions not committed to
Agency discretion by law are judicially reviewable in the district
courts."
1984 - Subsec. (b). Pub. L. 98-620 struck out provisions
requiring the court to advance on the docket and expedite the
disposition of all cases filed pursuant to this section.

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 OF 1984 AMENDMENT
Amendment by Pub. L. 98-620 not applicable to cases pending on
Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
Effective Date note under section 1657 of Title 28, Judiciary and
Judicial Procedure.

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, 136a-1, 136d, 136q
of this title.

-End-



-CITE-
7 USC Sec. 136o 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136o. Imports and exports

-STATUTE-
(a) Pesticides and devices intended for export
Notwithstanding any other provision of this subchapter, no
pesticide or device or active ingredient used in producing a
pesticide intended solely for export to any foreign country shall
be deemed in violation of this subchapter -
(1) when prepared or packed according to the specifications or
directions of the foreign purchaser, except that producers of
such pesticides and devices and active ingredients used in
producing pesticides shall be subject to sections 136(p),
(q)(1)(A), (C), (D), (E), (G), and (H), 136(q)(2)(A), (B), (C)(i)
and (iii), and (D), 136e, and 136f of this title; and
(2) in the case of any pesticide other than a pesticide
registered under section 136a or sold under section 136d(a)(1) of
this title, if, prior to export, the foreign purchaser has signed
a statement acknowledging that the purchaser understands that
such pesticide is not registered for use in the United States and
cannot be sold in the United States under this subchapter.

A copy of that statement shall be transmitted to an appropriate
official of the government of the importing country.
(b) Cancellation notices furnished to foreign governments
Whenever a registration, or a cancellation or suspension of the
registration of a pesticide becomes effective, or ceases to be
effective, the Administrator shall transmit through the State
Department notification thereof to the governments of other
countries and to appropriate international agencies. Such
notification shall, upon request, include all information related
to the cancellation or suspension of the registration of the
pesticide and information concerning other pesticides that are
registered under section 136a of this title and that could be used
in lieu of such pesticide.
(c) Importation of pesticides and devices
The Secretary of the Treasury shall notify the Administrator of
the arrival of pesticides and devices and shall deliver to the
Administrator, upon the Administrator's request, samples of
pesticides or devices which are being imported into the United
States, giving notice to the owner or consignee, who may appear
before the Administrator and have the right to introduce testimony.
If it appears from the examination of a sample that it is
adulterated, or misbranded or otherwise violated the provisions set
forth in this subchapter, or is otherwise injurious to health or
the environment, the pesticide or device may be refused admission,
and the Secretary of the Treasury shall refuse delivery to the
consignee and shall cause the destruction of any pesticide or
device refused delivery which shall not be exported by the
consignee within 90 days from the date of notice of such refusal
under such regulations as the Secretary of the Treasury may
prescribe. The Secretary of the Treasury may deliver to the
consignee such pesticide or device pending examination and decision
in the matter on execution of bond for the amount of the full
invoice value of such pesticide or device, together with the duty
thereon, and on refusal to return such pesticide or device for any
cause to the custody of the Secretary of the Treasury, when
demanded, for the purpose of excluding them from the country, or
for any other purpose, said consignee shall forfeit the full amount
of said bond. All charges for storage, cartage, and labor on
pesticides or devices which are refused admission or delivery shall
be paid by the owner or consignee, and in default of such payment
shall constitute a lien against any future importation made by such
owner or consignee.
(d) Cooperation in international efforts
The Administrator shall, in cooperation with the Department of
State and any other appropriate Federal agency, participate and
cooperate in any international efforts to develop improved
pesticide research and regulations.
(e) Regulations
The Secretary of the Treasury, in consultation with the
Administrator, shall prescribe regulations for the enforcement of
subsection (c) of this section.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 17, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 995; amended Pub. L. 95-396, Sec. 18(a),
Sept. 30, 1978, 92 Stat. 833; Pub. L. 100-532, title VIII, Sec.
801(j), Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102-237, title X,
Sec. 1006(a)(9), (b)(2), Dec. 13, 1991, 105 Stat. 1895.)


-MISC1-
AMENDMENTS
1991 - Subsec. (a). Pub. L. 102-237, Sec. 1006(a)(9), removed
last sentence from par. (2) and placed it as a full measure
sentence under par. (2).
Subsec. (c). Pub. L. 102-237, Sec. 1006(b)(2), substituted "the
Administrator's" for "his".
1988 - Subsec. (c). Pub. L. 100-532 substituted "prescribe. The
Secretary" for "prescribe: Provided, That the Secretary" and "bond.
All" for "bond: And provided further, That all".
1978 - Subsec. (a). Pub. L. 95-396, Sec. 18(a)(1), amended
subsec. (a) generally.
Subsec. (b). Pub. L. 95-396, Sec. 18(a)(2), inserted sentence at
end relating to information to be included in notification.

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 OF 1978 AMENDMENT
Section 18(b) of Pub. L. 95-396 provided that: "The amendment
made by subsection (a)(1) of this section [amending this section]
shall become effective one hundred and eighty days after the date
of enactment of this Act [Sept. 30, 1978]."

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 section 136a of this title.

-End-



-CITE-
7 USC Sec. 136p 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136p. Exemption of Federal and State agencies

-STATUTE-
The Administrator may, at the Administrator's discretion, exempt
any Federal or State agency from any provision of this subchapter
if the Administrator determines that emergency conditions exist
which require such exemption. The Administrator, in determining
whether or not such emergency conditions exist, shall consult with
the Secretary of Agriculture and the Governor of any State
concerned if they request such determination.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 18, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 995; amended Pub. L. 94-140, Sec. 8, Nov.
28, 1975, 89 Stat. 754; Pub. L. 100-532, title VIII, Sec. 801(k),
Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102-237, title X, Sec.
1006(b)(1), (2), Dec. 13, 1991, 105 Stat. 1895.)


-MISC1-
AMENDMENTS
1991 - Pub. L. 102-237 substituted "the Administrator" for "he"
before "determines" and "the Administrator's" for "his".
1988 - Pub. L. 100-532 substituted "and" for "or" in section
catchline, and directed that sentence beginning "The Administrator,
in" be run in after first sentence beginning "The Administrator
may".
1975 - Pub. L. 94-140 inserted provision requiring Administrator
to consult with Secretary of Agriculture and Governor of State
concerned in determining whether an emergency situation exists.

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, 136a of this title;
title 21 section 346a.

-End-



-CITE-
7 USC Sec. 136q 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136q. Storage, disposal, transportation, and recall

-STATUTE-
(a) Storage, disposal, and transportation
(1) Data requirements and registration of pesticides
The Administrator may require under section 136a or 136d of
this title that -
(A) the registrant or applicant for registration of a
pesticide submit or cite data or information regarding methods
for the safe storage and disposal of excess quantities of the
pesticide to support the registration or continued registration
of a pesticide;
(B) the labeling of a pesticide contain requirements and
procedures for the transportation, storage, and disposal of the
pesticide, any container of the pesticide, any rinsate
containing the pesticide, or any other material used to contain
or collect excess or spilled quantities of the pesticide; and
(C) the registrant of a pesticide provide evidence of
sufficient financial and other resources to carry out a recall
plan under subsection (b) of this section, and provide for the
disposition of the pesticide, in the event of suspension and
cancellation of the pesticide.
(2) Pesticides
The Administrator may by regulation, or as part of an order
issued under section 136d of this title or an amendment to such
an order -
(A) issue requirements and procedures to be followed by any
person who stores or transports a pesticide the registration of
which has been suspended or canceled;
(B) issue requirements and procedures to be followed by any
person who disposes of stocks of a pesticide the registration
of which has been suspended; and
(C) issue requirements and procedures for the disposal of any
pesticide the registration of which has been canceled.
(3) Containers, rinsates, and other materials
The Administrator may by regulation, or as part of an order
issued under section 136d of this title or an amendment to such
an order -
(A) issue requirements and procedures to be followed by any
person who stores or transports any container of a pesticide
the registration of which has been suspended or canceled, any
rinsate containing the pesticide, or any other material used to
contain or collect excess or spilled quantities of the
pesticide;
(B) issue requirements and procedures to be followed by any
person who disposes of stocks of any container of a pesticide
the registration of which has been suspended, any rinsate
containing the pesticide, or any other material used to contain
or collect excess or spilled quantities of the pesticide; and
(C) issue requirements and procedures for the disposal of any
container of a pesticide the registration of which has been
canceled, any rinsate containing the pesticide, or any other
material used to contain or collect excess or spilled
quantities of the pesticide.
(b) Recalls
(1) In general
If the registration of a pesticide has been suspended and
canceled under section 136d of this title, and if the
Administrator finds that recall of the pesticide is necessary to
protect health or the environment, the Administrator shall order
a recall of the pesticide in accordance with this subsection.
(2) Voluntary recall
If, after determining under paragraph (1) that a recall is
necessary, the Administrator finds that voluntary recall by the
registrant and others in the chain of distribution may be as safe
and effective as a mandatory recall, the Administrator shall
request the registrant of the pesticide to submit, within 60 days
of the request, a plan for the voluntary recall of the pesticide.
If such a plan is requested and submitted, the Administrator
shall approve the plan and order the registrant to conduct the
recall in accordance with the plan unless the Administrator
determines, after an informal hearing, that the plan is
inadequate to protect health or the environment.
(3) Mandatory recall
If, after determining under paragraph (1) that a recall is
necessary, the Administrator does not request the submission of a
plan under paragraph (2) or finds such a plan to be inadequate,
the Administrator shall issue a regulation that prescribes a plan
for the recall of the pesticide. A regulation issued under this
paragraph may apply to any person who is or was a registrant,
distributor, or seller of the pesticide, or any successor in
interest to such a person.
(4) Recall procedure
A regulation issued under this subsection may require any
person that is subject to the regulation to -
(A) arrange to make available one or more storage facilities
to receive and store the pesticide to which the recall program
applies, and inform the Administrator of the location of each
such facility;
(B) accept and store at such a facility those existing stocks
of such pesticide that are tendered by any other person who
obtained the pesticide directly or indirectly from the person
that is subject to such regulation;
(C) on the request of a person making such a tender, provide
for proper transportation of the pesticide to a storage
facility; and
(D) take such reasonable steps as the regulation may
prescribe to inform persons who may be holders of the pesticide
of the terms of the recall regulation and how those persons may
tender the pesticide and arrange for transportation of the
pesticide to a storage facility.
(5) Contents of recall plan
A recall plan established under this subsection shall include -

(A) the level in the distribution chain to which the recall
is to extend, and a schedule for recall; and
(B) the means to be used to verify the effectiveness of the
recall.
(6) Requirements or procedures
No requirement or procedure imposed in accordance with
paragraph (2) of subsection (a) of this section may require the
recall of existing stocks of the pesticide except as provided by
this subsection.
(c) Storage costs
(1) Submission of plan
A registrant who wishes to become eligible for reimbursement of
storage costs incurred as a result of a recall prescribed under
subsection (b) of this section for a pesticide whose registration
has been suspended and canceled shall, as soon as practicable
after the suspension of the registration of the pesticide, submit
to the Administrator a plan for the storage and disposal of the
pesticide that meets criteria established by the Administrator by
regulation.
(2) Reimbursement
Within a reasonable period of time after such storage costs are
incurred and paid by the registrant, the Administrator shall
reimburse the registrant, on request, for -
(A) none of the costs incurred by the registrant before the
date of submission of the plan referred to in paragraph (1) to
the Administrator;
(B) 100 percent of the costs incurred by the registrant after
the date of submission of the plan to the Administrator or the
date of cancellation of the registration of the pesticide,
whichever is later, but before the approval of the plan by the
Administrator;
(C) 50 percent of the costs incurred by the registrant during
the 1-year period beginning on the date of the approval of the
plan by the Administrator or the date of cancellation of the
registration of the pesticide, whichever is later;
(D) none of the costs incurred by the registrant during the
3-year period beginning on the 366th day following approval of
the plan by the Administrator or the date of cancellation of
the registration of the pesticide, whichever is later; and
(E) 25 percent of the costs incurred by the registrant during
the period beginning on the first day of the 5th year following
the date of the approval of the plan by the Administrator or
the date of cancellation of the registration of the pesticide,
whichever is later, and ending on the date that a disposal
permit for the pesticide is issued by a State or an alternative
plan for disposal of the pesticide in accordance with
applicable law has been developed.
(d) Administration of storage, disposal, transportation, and recall
programs
(1) Voluntary agreements
Nothing in this section shall be construed as preventing or
making unlawful any agreement between a seller and a buyer of any
pesticide or other substance regarding the ultimate allocation of
the costs of storage, transportation, or disposal of a pesticide.
(2) Rule and regulation review
Section 136w(a)(4) of this title shall not apply to any
regulation issued under subsection (a)(2) or (b) of this section.
(3) Limitations
No registrant shall be responsible under this section for a
pesticide the registration of which is held by another person. No
distributor or seller shall be responsible under this section for
a pesticide that the distributor or seller did not hold or sell.
(4) Seizure and penalties
If the Administrator finds that a person who is subject to a
regulation or order under subsection (a)(2) or (b) of this
section has failed substantially to comply with that regulation
or order, the Administrator may take action under section 136k or
136l of this title or obtain injunctive relief under section
136n(c) of this title against such person or any successor in
interest of any such person.
(e) Container design
(1) Procedures
(A) Not later than 3 years after the effective date of this
subsection, the Administrator shall, in consultation with the
heads of other interested Federal agencies, promulgate
regulations for the design of pesticide containers that will
promote the safe storage and disposal of pesticides.
(B) The regulations shall ensure, to the fullest extent
practicable, that the containers -
(i) accommodate procedures used for the removal of pesticides
from the containers and the rinsing of the containers;
(ii) facilitate the safe use of the containers, including
elimination of splash and leakage of pesticides from the
containers;
(iii) facilitate the safe disposal of the containers; and
(iv) facilitate the safe refill and reuse of the containers.
(2) Compliance
The Administrator shall require compliance with the regulations
referred to in paragraph (1) not later than 5 years after the
effective date of this subsection.
(f) Pesticide residue removal
(1) Procedures
(A) Not later than 3 years after the effective date of this
subsection, the Administrator shall, in consultation with the
heads of other interested Federal agencies, promulgate
regulations prescribing procedures and standards for the removal
of pesticides from containers prior to disposal.
(B) The regulations may -
(i) specify, for each major type of pesticide container,
procedures and standards providing for, at a minimum, triple
rinsing or the equivalent degree of pesticide removal;
(ii) specify procedures that can be implemented promptly and
easily in various circumstances and conditions;
(iii) provide for reuse, whenever practicable, or disposal of
rinse water and residue; and
(iv) be coordinated with requirements for the rinsing of
containers imposed under the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).

(C) The Administrator may, at the discretion of the
Administrator, exempt products intended solely for household use
from the requirements of this subsection.
(2) Compliance
Effective beginning 5 years after the effective date of this
subsection, a State may not exercise primary enforcement
responsibility under section 136w-1 of this title, or certify an
applicator under section 136i of this title, unless the
Administrator determines that the State is carrying out an
adequate program to ensure compliance with this subsection.
(3) Solid Waste Disposal Act
Nothing in this subsection shall affect the authorities or
requirements concerning pesticide containers under the Solid
Waste Disposal Act (42 U.S.C. 6901).
(g) Pesticide container study
(1) Study
(A) The Administrator shall conduct a study of options to
encourage or require -
(i) the return, refill, and reuse of pesticide containers;
(ii) the development and use of pesticide formulations that
facilitate the removal of pesticide residues from containers;
and
(iii) the use of bulk storage facilities to reduce the number
of pesticide containers requiring disposal.

(B) In conducting the study, the Administrator shall -
(i) consult with the heads of other interested Federal
agencies, State agencies, industry groups, and environmental
organizations; and
(ii) assess the feasibility, costs, and environmental
benefits of encouraging or requiring various measures or
actions.
(2) Report
Not later than 2 years after the effective date of this
subsection, the Administrator shall submit to Congress a report
describing the results of the study required under paragraph (1).
(h) Relationship to Solid Waste Disposal Act
(1) In general
Nothing in this section shall diminish the authorities or
requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(2) Antimicrobial products
A household, industrial, or institutional antimicrobial product
that is not subject to regulation under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) shall not be subject to the
provisions of subsections (a), (e), and (f) of this section,
unless the Administrator determines that such product must be
subject to such provisions to prevent an unreasonable adverse
effect on the environment.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 19, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 995; amended Pub. L. 95-396, Sec. 19, Sept.
30, 1978, 92 Stat. 833; Pub. L. 100-532, title IV, Secs. 401-403,
title VIII, Sec. 801(q)(1)(D), Oct. 25, 1988, 102 Stat. 2669, 2672,
2683; Pub. L. 104-170, title II, Sec. 225, Aug. 3, 1996, 110 Stat.
1507.)

-REFTEXT-
REFERENCES IN TEXT
The effective date of this subsection, referred to in subsecs.
(e), (f)(1)(A), (2), and (g)(2), is 60 days after Oct. 25, 1988,
the effective date of Pub. L. 100-532. See Effective Date of 1988
Amendment note below.
The Solid Waste Disposal Act, referred to in subsecs.
(f)(1)(B)(iv), (3) and (h), is title II of Pub. L. 89-272, Oct. 20,
1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2,
Oct. 21, 1976, 90 Stat. 2795, which is classified generally to
chapter 82 (Sec. 6901 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 6901 of Title 42 and Tables.


-MISC1-
AMENDMENTS
1996 - Subsec. (h). Pub. L. 104-170 designated existing
provisions as par. (1), inserted heading, and added par. (2).
1988 - Pub. L. 100-532, Sec. 401, amended section generally, in
subsec. (a) substituting provisions which related to storage,
disposal, and transportation, for provisions which directed
Secretary to establish procedures for disposal or storage, in
subsec. (b) substituting provisions which related to recalls, for
provisions which directed Administrator to provide advice to
Secretary of Transportation, in subsec. (c) substituting provisions
which related to storage costs, for provisions which related to
disposal of unused quantities, and adding subsec. (d).
Subsec. (a)(3). Pub. L. 100-532, Sec. 402, added par. (3).
Subsecs. (e), (f). Pub. L. 100-532, Sec. 403, added subsecs. (e)
and (f).
Subsec. (f)(2). Pub. L. 100-532, Sec. 801(q)(1)(D), substituted
"136i" for "136b".
Subsecs. (g), (h). Pub. L. 100-532, Sec. 403, added subsecs. (g)
and (h).
1978 - Subsec. (c). Pub. L. 95-396 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 136g, 136j of this title.

-End-



-CITE-
7 USC Sec. 136r 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136r. Research and monitoring

-STATUTE-
(a) Research
The Administrator shall undertake research including research by
grant or contract with other Federal agencies, universities, or
others as may be necessary to carry out the purposes of this
subchapter, and the Administrator shall conduct research into
integrated pest management in coordination with the Secretary of
Agriculture. The Administrator shall also take care to ensure that
such research does not duplicate research being undertaken by any
other Federal agency.
(b) National monitoring plan
The Administrator shall formulate and periodically revise, in
cooperation with other Federal, State, or local agencies, a
national plan for monitoring pesticides.
(c) Monitoring
The Administrator shall undertake such monitoring activities,
including, but not limited to monitoring in air, soil, water, man,
plants, and animals, as may be necessary for the implementation of
this subchapter and of the national pesticide monitoring plan. The
Administrator shall establish procedures for the monitoring of man
and animals and their environment for incidential (!1) pesticide
exposure, including, but not limited to, the quantification of
incidental human and environmental pesticide pollution and the
secular trends thereof, and identification of the sources of
contamination and their relationship to human and environmental
effects. Such activities shall be carried out in cooperation with
other Federal, State, and local agencies.


-SOURCE-
(June 25, 1947, ch. 125, Sec. 20, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 996; amended Pub. L. 95-396, Sec. 20, Sept.
30, 1978, 92 Stat. 834; Pub. L. 102-237, title X, Sec. 1006(a)(10),
(b)(1), Dec. 13, 1991, 105 Stat. 1895.)


-MISC1-
AMENDMENTS
1991 - Subsec. (a). Pub. L. 102-237 substituted "ensure" for
"insure" and "the Administrator" for "he" before "shall conduct".
1978 - Subsec. (a). Pub. L. 95-396, Sec. 20(1), substituted in
first sentence "shall conduct research into integrated pest
management in coordination with the Secretary of Agriculture" for
"shall give priority to research to develop biologically integrated
alternatives for pest control".
Subsec. (c). Pub. L. 95-396, Sec. 20(2), inserted provision
requiring establishment of monitoring procedures and the carrying
out of the activities in cooperation with other Federal, State, and
local agencies.

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.

AVAILABILITY OF GRANTS
Pub. L. 106-74, title III, Oct. 20, 1999, 113 Stat. 1081,
provided in part: "That notwithstanding 7 U.S.C. 136r and 15 U.S.C.
2609, beginning in fiscal year 2000 and thereafter, grants awarded
under section 20 of the Federal Insecticide, Fungicide, and
Rodenticide Act [7 U.S.C. 136r], as amended, and section 10 of the
Toxic Substances Control Act [15 U.S.C. 2609], as amended, shall be
available for research, development, monitoring, public education,
training, demonstrations, and studies".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5881 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "incidental".


-End-



-CITE-
7 USC Sec. 136r-1 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136r-1. Integrated Pest Management

-STATUTE-
The Secretary of Agriculture, in cooperation with the
Administrator, shall implement research, demonstration, and
education programs to support adoption of Integrated Pest
Management. Integrated Pest Management is a sustainable approach to
managing pests by combining biological, cultural, physical, and
chemical tools in a way that minimizes economic, health, and
environmental risks. The Secretary of Agriculture and the
Administrator shall make information on Integrated Pest Management
widely available to pesticide users, including Federal agencies.
Federal agencies shall use Integrated Pest Management techniques in
carrying out pest management activities and shall promote
Integrated Pest Management through procurement and regulatory
policies, and other activities.

-SOURCE-
(Pub. L. 104-170, title III, Sec. 303, 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.

-End-



-CITE-
7 USC Sec. 136s 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136s. Solicitation of comments; notice of public hearings

-STATUTE-
(a) Secretary of Agriculture
The Administrator, before publishing regulations under this
subchapter, shall solicit the views of the Secretary of Agriculture
in accordance with the procedure described in section 136w(a) of
this title.
(b) Secretary of Health and Human Services
The Administrator, before publishing regulations under this
subchapter for any public health pesticide, shall solicit the views
of the Secretary of Health and Human Services in the same manner as
the views of the Secretary of Agriculture are solicited under
section 136w(a)(2) of this title.
(c) Views
In addition to any other authority relating to public hearings
and solicitation of views, in connection with the suspension or
cancellation of a pesticide registration or any other actions
authorized under this subchapter, the Administrator may, at the
Administrator's discretion, solicit the views of all interested
persons, either orally or in writing, and seek such advice from
scientists, farmers, farm organizations, and other qualified
persons as the Administrator deems proper.
(d) Notice
In connection with all public hearings under this subchapter the
Administrator shall publish timely notice of such hearings in the
Federal Register.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 21, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 996; amended Pub. L. 94-140, Sec. 2(b),
Nov. 28, 1975, 89 Stat. 752; Pub. L. 100-532, title VIII, Sec.
801(l), Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102-237, title X,
Sec. 1006(b)(1), (2), Dec. 13, 1991, 105 Stat. 1895; Pub. L.
104-170, title II, Sec. 234, Aug. 3, 1996, 110 Stat. 1509.)


-MISC1-
AMENDMENTS
1996 - Subsecs. (b) to (d). Pub. L. 104-170 added subsec. (b) and
redesignated former subsecs. (b) and (c) as (c) and (d),
respectively.
1991 - Subsec. (b). Pub. L. 102-237 substituted "the
Administrator" for "he" before "deems" and "the Administrator's"
for "his".
1988 - Pub. L. 100-532, Sec. 801(l), inserted headings for
subsecs. (a) to (c).
1975 - Subsec. (a). Pub. L. 94-140 inserted "in accordance with
the procedure described in section 136w(a) of this title" after
"Secretary of Agriculture".

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. 136t 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136t. Delegation and cooperation

-STATUTE-
(a) Delegation
All authority vested in the Administrator by virtue of the
provisions of this subchapter may with like force and effect be
executed by such employees of the Environmental Protection Agency
as the Administrator may designate for the purpose.
(b) Cooperation
The Administrator shall cooperate with Department of Agriculture,
any other Federal agency, and any appropriate agency of any State
or any political subdivision thereof, in carrying out the
provisions of this subchapter, and in securing uniformity of
regulations.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 22, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 996.)


-MISC1-
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. 136u 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136u. State cooperation, aid, and training

-STATUTE-
(a) Cooperative agreements
The Administrator may enter into cooperative agreements with
States and Indian tribes -
(1) to delegate to any State or Indian tribe the authority to
cooperate in the enforcement of this subchapter through the use
of its personnel or facilities, to train personnel of the State
or Indian tribe to cooperate in the enforcement of this
subchapter, and to assist States and Indian tribes in
implementing cooperative enforcement programs through
grants-in-aid; and
(2) to assist States in developing and administering State
programs, and Indian tribes that enter into cooperative
agreements, to train and certify applicators consistent with the
standards the Administrator prescribes.

Effective with the fiscal year beginning October 1, 1978, there are
authorized to be appropriated annually such funds as may be
necessary for the Administrator to provide through cooperative
agreements an amount equal to 50 percent of the anticipated cost to
each State or Indian tribe, as agreed to under such cooperative
agreements, of conducting training and certification programs
during such fiscal year. If funds sufficient to pay 50 percent of
the costs for any year are not appropriated, the share of each
State and Indian tribe shall be reduced in a like proportion in
allocating available funds.
(b) Contracts for training
In addition, the Administrator may enter into contracts with
Federal, State, or Indian tribal agencies for the purpose of
encouraging the training of certified applicators.
(c) Information and education
The Administrator shall, in cooperation with the Secretary of
Agriculture, use the services of the cooperative State extension
services to inform and educate pesticide users about accepted uses
and other regulations made under this subchapter.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 23, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 996; amended Pub. L. 95-396, Sec. 21, Sept.
30, 1978, 92 Stat. 834.)


-MISC1-
AMENDMENTS
1978 - Subsec. (a). Pub. L. 95-396 extended provisions to Indian
tribes, authorized annual appropriation of funds for training and
certification programs, and required proportionate reduction of
shares in the allocation of available funds when appropriations do
not cover 50 percent of the annual costs.
Subsec. (b). Pub. L. 95-396 authorized contracts with Indian
tribal agencies.
Subsec. (c). Pub. L. 95-396 substituted "shall" for "may",
substituted "use" for "utilize", and "to inform and educate
pesticide users about accepted uses and other regulations" for "for
informing farmers of accepted uses and other regulations".

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.

AVAILABILITY OF GRANTS FOR PESTICIDE PROGRAM DEVELOPMENT AND
IMPLEMENTATION
Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2499,
provided in part: "That beginning in fiscal year 1999 and
thereafter, pesticide program implementation grants under section
23(a)(1) of the Federal Insecticide, Fungicide and Rodenticide Act,
as amended [7 U.S.C. 136u(a)(1)], shall be available for pesticide
program development and implementation, including enforcement and
compliance activities".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 136i, 136w-1 of this
title.

-End-



-CITE-
7 USC Sec. 136v 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136v. Authority of States

-STATUTE-
(a) In general
A State may regulate the sale or use of any federally registered
pesticide or device in the State, but only if and to the extent the
regulation does not permit any sale or use prohibited by this
subchapter.
(b) Uniformity
Such State shall not impose or continue in effect any
requirements for labeling or packaging in addition to or different
from those required under this subchapter.
(c) Additional uses
(1) A State may provide registration for additional uses of
federally registered pesticides formulated for distribution and use
within that State to meet special local needs in accord with the
purposes of this subchapter and if registration for such use has
not previously been denied, disapproved, or canceled by the
Administrator. Such registration shall be deemed registration under
section 136a of this title for all purposes of this subchapter, but
shall authorize distribution and use only within such State.
(2) A registration issued by a State under this subsection shall (continued)