Loading (50 kb)...'

(continued)
not be effective for more than ninety days if disapproved by the
Administrator within that period. Prior to disapproval, the
Administrator shall, except as provided in paragraph (3) of this
subsection, advise the State of the Administrator's intention to
disapprove and the reasons therefor, and provide the State time to
respond. The Administrator shall not prohibit or disapprove a
registration issued by a State under this subsection (A) on the
basis of lack of essentiality of a pesticide or (B) except as
provided in paragraph (3) of this subsection, if its composition
and use patterns are similar to those of a federally registered
pesticide.
(3) In no instance may a State issue a registration for a food or
feed use unless there exists a tolerance or exemption under the
Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] that
permits the residues of the pesticides on the food or feed. If the
Administrator determines that a registration issued by a State is
inconsistent with the Federal Food, Drug, and Cosmetic Act, or the
use of, a pesticide under a registration issued by a State
constitutes an imminent hazard, the Administrator may immediately
disapprove the registration.
(4) If the Administrator finds, in accordance with standards set
forth in regulations issued under section 136w of this title, that
a State is not capable of exercising adequate controls to assure
that State registration under this section will be in accord with
the purposes of this subchapter or has failed to exercise adequate
controls, the Administrator may suspend the authority of the State
to register pesticides until such time as the Administrator is
satisfied that the State can and will exercise adequate controls.
Prior to any such suspension, the Administrator shall advise the
State of the Administrator's intention to suspend and the reasons
therefor and provide the State time to respond.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 24, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 997; amended Pub. L. 95-396, Sec. 22, Sept.
30, 1978, 92 Stat. 835; Pub. L. 100-532, title VIII, Sec. 801(m),
Oct. 25, 1988, 102 Stat. 2682.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(c)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
which is classified generally to chapter 9 (Sec. 301 et seq.) of
Title 21, Food and Drugs. For complete classification of this Act
to the Code, see section 301 of Title 21 and Tables.


-MISC1-
AMENDMENTS
1988 - Pub. L. 100-532, Sec. 801(m), inserted headings for
subsecs. (a) to (c) and realigned margins of pars. (1) to (4) of
subsec. (c).
1978 - Subsec. (a). Pub. L. 95-396 inserted "federally
registered" before "pesticide or device".
Subsec. (b). Pub. L. 95-396 substituted "labeling or packaging"
and "required under" for "labeling and packaging" and "required
pursuant to", respectively.
Subsec. (c)(1). Pub. L. 95-396 incorporated existing text in
provisions designated par. (1) and substituted "registration for
additional uses of federally registered pesticides" for
"registration for pesticides".
Subsec. (c)(2). Pub. L. 95-396 incorporated existing text in
provisions designated par. (2), conditioned disapproval of
registration on communication of intention to disapprove and
reasons for disapproval and provision for time to respond, and
restricted authority of Administrator to prohibit or disapprove a
State registration.
Subsec. (c)(3). Pub. L. 95-396 added par. (3).
Subsec. (c)(4). Pub. L. 95-396 incorporated existing text in
provisions designated par. (4) and authorized suspension of
registration authority of the State based on findings of inability
or failure to exercise adequate controls following an indication of
intention to suspend and reasons for the suspension and provision
for time to respond.

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.

-End-



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

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

-HEAD-
Sec. 136w. Authority of Administrator

-STATUTE-
(a) In general
(1) Regulations
The Administrator is authorized, in accordance with the
procedure described in paragraph (2), to prescribe regulations to
carry out the provisions of this subchapter. Such regulations
shall take into account the difference in concept and usage
between various classes of pesticides, including public health
pesticides, and differences in environmental risk and the
appropriate data for evaluating such risk between agricultural,
nonagricultural, and public health pesticides.
(2) Procedure
(A) Proposed regulations
At least 60 days prior to signing any proposed regulation for
publication in the Federal Register, the Administrator shall
provide the Secretary of Agriculture with a copy of such
regulation. If the Secretary comments in writing to the
Administrator regarding any such regulation within 30 days
after receiving it, the Administrator shall publish in the
Federal Register (with the proposed regulation) the comments of
the Secretary and the response of the Administrator with regard
to the Secretary's comments. If the Secretary does not comment
in writing to the Administrator regarding the regulation within
30 days after receiving it, the Administrator may sign such
regulation for publication in the Federal Register any time
after such 30-day period notwithstanding the foregoing 60-day
time requirement.
(B) Final regulations
At least 30 days prior to signing any regulation in final
form for publication in the Federal Register, the Administrator
shall provide the Secretary of Agriculture with a copy of such
regulation. If the Secretary comments in writing to the
Administrator regarding any such final regulation within 15
days after receiving it, the Administrator shall publish in the
Federal Register (with the final regulation) the comments of
the Secretary, if requested by the Secretary, and the response
of the Administrator concerning the Secretary's comments. If
the Secretary does not comment in writing to the Administrator
regarding the regulation within 15 days after receiving it, the
Administrator may sign such regulation for publication in the
Federal Register at any time after such 15-day period
notwithstanding the foregoing 30-day time requirement. In
taking any final action under this subsection, the
Administrator shall include among those factors to be taken
into account the effect of the regulation on production and
prices of agricultural commodities, retail food prices, and
otherwise on the agricultural economy, and the Administrator
shall publish in the Federal Register an analysis of such
effect.
(C) Time requirements
The time requirements imposed by subparagraphs (A) and (B)
may be waived or modified to the extent agreed upon by the
Administrator and the Secretary.
(D) Publication in the Federal Register
The Administrator shall, simultaneously with any notification
to the Secretary of Agriculture under this paragraph prior to
the issuance of any proposed or final regulation, publish such
notification in the Federal Register.
(3) Congressional committees
At such time as the Administrator is required under paragraph
(2) of this subsection to provide the Secretary of Agriculture
with a copy of proposed regulations and a copy of the final form
of regulations, the Administrator shall also furnish a copy of
such regulations to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(4) Congressional review of regulations
Simultaneously with the promulgation of any rule or regulation
under this subchapter, the Administrator shall transmit a copy
thereof to the Secretary of the Senate and the Clerk of the House
of Representatives. The rule or regulation shall not become
effective until the passage of 60 calendar days after the rule or
regulation is so transmitted.
(b) Exemption of pesticides
The Administrator may exempt from the requirements of this
subchapter by regulation any pesticide which the Administrator
determines either (1) to be adequately regulated by another Federal
agency, or (2) to be of a character which is unnecessary to be
subject to this subchapter in order to carry out the purposes of
this subchapter.
(c) Other authority
The Administrator, after notice and opportunity for hearing, is
authorized -
(1) to declare a pest any form of plant or animal life (other
than man and other than bacteria, virus, and other
micro-organisms on or in living man or other living animals)
which is injurious to health or the environment;
(2) to determine any pesticide which contains any substance or
substances in quantities highly toxic to man;
(3) to establish standards (which shall be consistent with
those established under the authority of the Poison Prevention
Packaging Act (Public Law 91-601) [15 U.S.C. 1471 et seq.]) with
respect to the package, container, or wrapping in which a
pesticide or device is enclosed for use or consumption, in order
to protect children and adults from serious injury or illness
resulting from accidental ingestion or contact with pesticides or
devices regulated by this subchapter as well as to accomplish the
other purposes of this subchapter;
(4) to specify those classes of devices which shall be subject
to any provision of section 136(q)(1) or section 136e of this
title upon the Administrator's determination that application of
such provision is necessary to effectuate the purposes of this
subchapter;
(5) to prescribe regulations requiring any pesticide to be
colored or discolored if the Administrator determines that such
requirement is feasible and is necessary for the protection of
health and the environment; and
(6) to determine and establish suitable names to be used in the
ingredient statement.
(d) Scientific advisory panel
(1) In general
The Administrator shall submit to an advisory panel for comment
as to the impact on health and the environment of the action
proposed in notices of intent issued under section 136d(b) of
this title and of the proposed and final form of regulations
issued under subsection (a) of this section within the same time
periods as provided for the comments of the Secretary of
Agriculture under such section 136d(b) and subsection (a) of this
section. The time requirements for notices of intent and proposed
and final forms of regulation may not be modified or waived
unless in addition to meeting the requirements of section 136d(b)
of this title or subsection (a) of this section, as applicable,
the advisory panel has failed to comment on the proposed action
within the prescribed time period or has agreed to the
modification or waiver. The Administrator shall also solicit from
the advisory panel comments, evaluations, and recommendations for
operating guidelines to improve the effectiveness and quality of
scientific analyses made by personnel of the Environmental
Protection Agency that lead to decisions by the Administrator in
carrying out the provisions of this subchapter. The comments,
evaluations, and recommendations of the advisory panel submitted
under this subsection and the response of the Administrator shall
be published in the Federal Register in the same manner as
provided for publication of the comments of the Secretary of
Agriculture under such sections. The chairman of the advisory
panel, after consultation with the Administrator, may create
temporary subpanels on specific projects to assist the full
advisory panel in expediting and preparing its evaluations,
comments, and recommendations. The subpanels may be composed of
scientists other than members of the advisory panel, as deemed
necessary for the purpose of evaluating scientific studies relied
upon by the Administrator with respect to proposed action. Such
additional scientists shall be selected by the advisory panel.
The panel referred to in this subsection shall consist of 7
members appointed by the Administrator from a list of 12
nominees, 6 nominated by the National Institutes of Health and 6
by the National Science Foundation, utilizing a system of
staggered terms of appointment. Members of the panel shall be
selected on the basis of their professional qualifications to
assess the effects of the impact of pesticides on health and the
environment. To the extent feasible to insure multidisciplinary
representation, the panel membership shall include representation
from the disciplines of toxicology, pathology, environmental
biology, and related sciences. If a vacancy occurs on the panel
due to expiration of a term, resignation, or any other reason,
each replacement shall be selected by the Administrator from a
group of 4 nominees, 2 submitted by each of the nominating
entities named in this subsection. The Administrator may extend
the term of a panel member until the new member is appointed to
fill the vacancy. If a vacancy occurs due to resignation, or
reason other than expiration of a term, the Administrator shall
appoint a member to serve during the unexpired term utilizing the
nomination process set forth in this subsection. Should the list
of nominees provided under this subsection be unsatisfactory, the
Administrator may request an additional set of nominees from the
nominating entities. The Administrator may require such
information from the nominees to the advisory panel as the
Administrator deems necessary, and the Administrator shall
publish in the Federal Register the name, address, and
professional affiliations of each nominee. Each member of the
panel shall receive per diem compensation at a rate not in excess
of that fixed for GS-18 of the General Schedule as may be
determined by the Administrator, except that any such member who
holds another office or position under the Federal Government the
compensation for which exceeds such rate may elect to receive
compensation at the rate provided for such other office or
position in lieu of the compensation provided by this subsection.
In order to assure the objectivity of the advisory panel, the
Administrator shall promulgate regulations regarding conflicts of
interest with respect to the members of the panel. The advisory
panel established under this section shall be permanent. In
performing the functions assigned by this subchapter, the panel
shall consult and coordinate its activities with the Science
Advisory Board established under the Environmental Research,
Development, and Demonstration Authorization Act of 1978 [42
U.S.C. 4365]. Whenever the Administrator exercises authority
under section 136d(c) of this title to immediately suspend the
registration of any pesticide to prevent an imminent hazard, the
Administrator shall promptly submit to the advisory panel for
comment, as to the impact on health and the environment, the
action taken to suspend the registration of such pesticide.
(2) Science Review Board
There is established a Science Review Board to consist of 60
scientists who shall be available to the Scientific Advisory
Panel to assist in reviews conducted by the Panel. Members of the
Board shall be selected in the same manner as members of
temporary subpanels created under paragraph (1). Members of the
Board shall be compensated in the same manner as members of the
Panel.
(e) Peer review
The Administrator shall, by written procedures, provide for peer
review with respect to the design, protocols, and conduct of major
scientific studies conducted under this subchapter by the
Environmental Protection Agency or by any other Federal agency, any
State or political subdivision thereof, or any institution or
individual under grant, contract, or cooperative agreement from or
with the Environmental Protection Agency. In such procedures, the
Administrator shall also provide for peer review, using the
advisory panel established under subsection (d) of this section or
appropriate experts appointed by the Administrator from a current
list of nominees maintained by such panel, with respect to the
results of any such scientific studies relied upon by the
Administrator with respect to actions the Administrator may take
relating to the change in classification, suspension, or
cancellation of a pesticide. Whenever the Administrator determines
that circumstances do not permit the peer review of the results of
any such scientific study prior to the Administrator's exercising
authority under section 136d(c) of this title to immediately
suspend the registration of any pesticide to prevent an imminent
hazard, the Administrator shall promptly thereafter provide for the
conduct of peer review as provided in this sentence. The
evaluations and relevant documentation constituting the peer review
that relate to the proposed scientific studies and the results of
the completed scientific studies shall be included in the
submission for comment forwarded by the Administrator to the
advisory panel as provided in subsection (d) of this section. As
used in this subsection, the term "peer review" shall mean an
independent evaluation by scientific experts, either within or
outside the Environmental Protection Agency, in the appropriate
disciplines.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 25, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 997; amended Pub. L. 94-140, Secs. 2(a), 6,
7, Nov. 28, 1975, 89 Stat. 751, 753; Pub. L. 95-396, Sec. 23, Sept.
30, 1978, 92 Stat. 836; Pub. L. 96-539, Secs. 1, 2(a), 4, Dec. 17,
1980, 94 Stat. 3194, 3195; Pub. L. 98-201, Sec. 1, Dec. 2, 1983, 97
Stat. 1379; Pub. L. 98-620, title IV, Sec. 402(4)(D), Nov. 8, 1984,
98 Stat. 3357; Pub. L. 100-352, Sec. 6(i), June 27, 1988, 102 Stat.
664; Pub. L. 100-532, title VI, Secs. 602, 605, title VIII, Sec.
801(n), Oct. 25, 1988, 102 Stat. 2678, 2679, 2683; Pub. L. 102-237,
title X, Sec. 1006(b)(1), (2), Dec. 13, 1991, 105 Stat. 1895; Pub.
L. 104-170, title I, Sec. 104, title II, Sec. 235, Aug. 3, 1996,
110 Stat. 1490, 1509.)

-REFTEXT-
REFERENCES IN TEXT
The Poison Prevention Packaging Act, referred to in subsec.
(c)(3), is Pub. L. 91-601, Dec. 30, 1970, 84 Stat. 1670, as
amended, which is classified principally to chapter 39A (Sec. 1471
et seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set
out under section 1471 of Title 15, and Tables.
References in subsec. (c)(4) to "section 136(q)(1)" was, in the
original, a reference to "paragraph 2(q)(1)" and has been
editorially translated as "section 136(q)(1)" as the probable
intent of Congress.
The Environmental Research, Development, and Demonstration
Authorization Act of 1978, referred to in subsec. (d), is Pub. L.
95-155, Nov. 8, 1977, 91 Stat. 1257, as amended. Provisions of the
Act establishing the Science Advisory Board are classified to
section 4365 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Tables.


-MISC1-
AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-170, Sec. 235, inserted ",
including public health pesticides," after "various classes of
pesticides" and substituted ", nonagricultural, and public health
pesticides" for "and nonagricultural pesticides".
Subsec. (d). Pub. L. 104-170, Sec. 104, designated existing text
as par. (1), inserted heading, and added par. (2).
1991 - Subsec. (a)(3). Pub. L. 102-237, Sec. 1006(b)(1),
substituted "the Administrator" for "he" before "shall".
Subsec. (b). Pub. L. 102-237, Sec. 1006(b)(1), substituted "the
Administrator" for "he" before "determines".
Subsec. (c)(4). Pub. L. 102-237, Sec. 1006(b)(2), substituted
"the Administrator's" for "his".
Subsec. (c)(5). Pub. L. 102-237, Sec. 1006(b)(1), substituted
"the Administrator" for "he" before "determines".
Subsec. (d). Pub. L. 102-237, Sec. 1006(b)(1), substituted "the
Administrator" for "he" before "deems necessary" and before "shall
publish".
1988 - Subsec. (a). Pub. L. 100-532, Sec. 801(n)(1), amended
heading and directed that pars. (1) to (3) be aligned at left
margin with subsec. (c)(1), and that subpars. (A) to (D) of par.
(2) be indented, and in par. (3) substituted "Committee on
Agriculture, Nutrition, and Forestry" for "Committee on Agriculture
and Forestry".
Subsec. (a)(4). Pub. L. 100-532, Sec. 605, amended par. (4)
generally, substituting single unlettered par. (4) for former
subpars. (A) to (E).
Pub. L. 100-352, in subpar. (E), struck out "(i)" before "Any
interested" and struck out cl. (ii) which provided that
notwithstanding any other provision of law, any decision on a
matter certified under cl. (i) of this subparagraph be reviewable
by appeal directly to the Supreme Court of the United States, with
such appeal to be brought not later than 20 days after the decision
of the court of appeals.
Subsec. (d). Pub. L. 100-532, Sec. 602, substituted "section
shall be permanent" for "subsection shall terminate September 30,
1987".
Subsec. (e). Pub. L. 100-532, Sec. 801(n)(2), substituted
"pesticide. Whenever" for "pesticide: Provided, That whenever".
1984 - Subsec. (a)(4)(E)(iii). Pub. L. 98-620 struck out cl.
(iii) requiring the court of appeals and the Supreme Court to
advance on the docket and expedite the disposition of any matter
certified under cl. (i) of this subparagraph.
1983 - Subsec. (d). Pub. L. 98-201 in fourth sentence, inserted
"under this subsection" after "submitted"; in eighth sentence,
provided for utilization of a system of staggered terms of
appointment and substituted "7" and "6" for "seven" and "six",
respectively, and inserted ninth through fourteenth sentences
respecting basis for selection of members, multidisciplinary
representation, appointments to fill vacancies, extension of term
pending filling of vacancies, appointment for unexpired term, and
request for additional set of nominees from nominating entities;
and in present eighteenth, formerly twelfth sentence, extended
termination date to Sept. 30, 1987, from Sept. 30, 1981.
1980 - Subsec. (a)(4). Pub. L. 96-539, Sec. 4, added par. (4).
Subsec. (d). Pub. L. 96-539, Sec. 1, inserted provisions relating
to composition of subpanels and submissions to advisory panels
respecting registration suspensions.
Subsec. (e). Pub. L. 96-539, Sec. 2(a), added subsec. (e).
1978 - Subsec. (a)(1). Pub. L. 95-396, Sec. 23(1), required
regulations to take into account differences in environmental risk
and appropriate data for evaluating such risk between agricultural
and nonagricultural pesticides.
Subsec. (a)(2)(B). Pub. L. 95-396, Sec. 23(2), required the
Administrator, before taking any final action, to consider certain
factors bearing on the agricultural economy and to publish an
analysis of the effect in the Federal Register.
Subsec. (d). Pub. L. 95-396, Sec. 23(3), (4), required the
Administrator to solicit operating guidelines from the scientific
advisory panel to improve scientific analyses made by personnel of
the Environmental Protection Agency that lead to decisions by the
Administrator in carrying out this subchapter; extended requirement
of publication in the Federal Register to evaluations and
recommendations of the advisory panel; authorized creation of
temporary subpanels on specific projects to assist in accelerating
the work of the advisory panel; set forth Sept. 30, 1981, as the
termination date of the advisory panel; and required the panel to
consult and coordinate its activities with the Science Advisory
Board established under section 4365 of title 42.
1975 - Subsec. (a)(1). Pub. L. 94-140, Sec. 2(a)(1), (2),
redesignated existing provision as subsec. (a)(1) and inserted ",
in accordance with the procedure described in paragraph (2)," after
"is authorized".
Subsec. (a)(2). Pub. L. 94-140, Sec. 2(a)(3), added par. (2).
Subsec. (a)(3). Pub. L. 94-140, Sec. 6, added par. (3).
Subsec. (d). Pub. L. 94-140, Sec. 7, added subsec. (d).

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.
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, except that such amendment not to apply to cases pending in
Supreme Court on such effective date or affect right to review or
manner of reviewing judgment or decree of court which was entered
before such effective date, see section 7 of Pub. L. 100-352, set
out as a note under section 1254 of Title 28, Judiciary and
Judicial Procedure.

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 OF 1980 AMENDMENT
Section 2(b) of Pub. L. 96-539 provided that: "The provisions of
this section [amending this section] shall become effective upon
publication in the Federal Register of final procedures for peer
review as provided in this section, but in no event shall such
provisions become effective later than one year after the date of
enactment of this Act [Dec. 17, 1980]."

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.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.

USER FEES
Pub. L. 101-508, title I, Sec. 1204(e), Nov. 5, 1990, 104 Stat.
1388-11, provided that: "Notwithstanding any provision of the
Omnibus Budget Reconciliation Act of 1990 [Pub. L. 101-508, see
Tables for classification], nothing in this title or the other
provisions of this Act shall be construed to require or authorize
the Administrator of the Environmental Protection Agency to assess
or collect any fees or charges for services and activities
authorized under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.)."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 136, 136d, 136j, 136q,
136s, 136v of this title; title 21 section 346a; title 42 section
4365.

-End-



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

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

-HEAD-
Sec. 136w-1. State primary enforcement responsibility

-STATUTE-
(a) In general
For the purposes of this subchapter, a State shall have primary
enforcement responsibility for pesticide use violations during any
period for which the Administrator determines that such State -
(1) has adopted adequate pesticide use laws and regulations,
except that the Administrator may not require a State to have
pesticide use laws that are more stringent than this subchapter;
(2) has adopted and is implementing adequate procedures for the
enforcement of such State laws and regulations; and
(3) will keep such records and make such reports showing
compliance with paragraphs (1) and (2) of this subsection as the
Administrator may require by regulation.
(b) Special rules
Notwithstanding the provisions of subsection (a) of this section,
any State that enters into a cooperative agreement with the
Administrator under section 136u of this title for the enforcement
of pesticide use restrictions shall have the primary enforcement
responsibility for pesticide use violations. Any State that has a
plan approved by the Administrator in accordance with the
requirements of section 136i of this title that the Administrator
determines meets the criteria set out in subsection (a) of this
section shall have the primary enforcement responsibility for
pesticide use violations. The Administrator shall make such
determinations with respect to State plans under section 136i of
this title in effect on September 30, 1978, not later than six
months after that date.
(c) Administrator
The Administrator shall have primary enforcement responsibility
for those States that do not have primary enforcement
responsibility under this subchapter. Notwithstanding the
provisions of section 136(e)(1) of this title, during any period
when the Administrator has such enforcement responsibility, section
136f(b) of this title shall apply to the books and records of
commercial applicators and to any applicator who holds or applies
pesticides, or uses dilutions of pesticides, only to provide a
service of controlling pests without delivering any unapplied
pesticide to any person so served, and section 136g(a) of this
title shall apply to the establishment or other place where
pesticides or devices are held for application by such persons with
respect to pesticides or devices held for such application.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 26, as added Pub. L. 95-396, Sec.
24(2), Sept. 30, 1978, 92 Stat. 836; amended Pub. L. 100-532, title
VIII, Sec. 801(o), (q)(1)(D), Oct. 25, 1988, 102 Stat. 2683; Pub.
L. 102-237, title X, Sec. 1006(a)(11), Dec. 13, 1991, 105 Stat.
1895.)


-MISC1-
PRIOR PROVISIONS
A prior section 26 of act June 25, 1947, ch. 125, was renumbered
section 33 and is classified to section 136x of this title.

AMENDMENTS
1991 - Subsec. (c). Pub. L. 102-237 substituted "uses" for "use".
1988 - Subsec. (a). Pub. L. 100-532, Sec. 801(o)(1), (2),
inserted heading and substituted "regulations. The Administrator"
for "regulations; Provided, That the Administrator" in par. (1).
Subsec. (b). Pub. L. 100-532, Sec. 801(o)(3), (q)(1)(D), inserted
heading and substituted "136i" for "136b" in two places.
Subsec. (c). Pub. L. 100-532, Sec. 801(o)(4), inserted heading.

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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 136q, 136w-2 of this
title.

-End-



-CITE-
7 USC Sec. 136w-2 01/19/04

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

-HEAD-
Sec. 136w-2. Failure by the State to assure enforcement of State
pesticide use regulations

-STATUTE-
(a) Referral
Upon receipt of any complaint or other information alleging or
indicating a significant violation of the pesticide use provisions
of this subchapter, the Administrator shall refer the matter to the
appropriate State officials for their investigation of the matter
consistent with the requirements of this subchapter. If, within
thirty days, the State has not commenced appropriate enforcement
action, the Administrator may act upon the complaint or information
to the extent authorized under this subchapter.
(b) Notice
Whenever the Administrator determines that a State having primary
enforcement responsibility for pesticide use violations is not
carrying out (or cannot carry out due to the lack of adequate legal
authority) such responsibility, the Administrator shall notify the
State. Such notice shall specify those aspects of the
administration of the State program that are determined to be
inadequate. The State shall have ninety days after receipt of the
notice to correct any deficiencies. If after that time the
Administrator determines that the State program remains inadequate,
the Administrator may rescind, in whole or in part, the State's
primary enforcement responsibility for pesticide use violations.
(c) Construction
Neither section 136w-1 of this title nor this section shall limit
the authority of the Administrator to enforce this subchapter,
where the Administrator determines that emergency conditions exist
that require immediate action on the part of the Administrator and
the State authority is unwilling or unable adequately to respond to
the emergency.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 27, as added Pub. L. 95-396, Sec.
24(2), Sept. 30, 1978, 92 Stat. 837; amended Pub. L. 100-532, title
VIII, Sec. 801(p), Oct. 25, 1988, 102 Stat. 2683.)


-MISC1-
PRIOR PROVISIONS
A prior section 27 of act June 25, 1947, ch. 125, was renumbered
section 34 and is classified to section 136y of this title.

AMENDMENTS
1988 - Pub. L. 100-532 inserted headings for subsecs. (a) to (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.

-End-



-CITE-
7 USC Sec. 136w-3 01/19/04

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

-HEAD-
Sec. 136w-3. Identification of pests; cooperation with Department
of Agriculture's program

-STATUTE-
(a) In general
The Administrator, in coordination with the Secretary of
Agriculture, shall identify those pests that must be brought under
control. The Administrator shall also coordinate and cooperate with
the Secretary of Agriculture's research and implementation programs
to develop and improve the safe use and effectiveness of chemical,
biological, and alternative methods to combat and control pests
that reduce the quality and economical production and distribution
of agricultural products to domestic and foreign consumers.
(b) Pest control availability
(1) In general
The Administrator, in cooperation with the Secretary of
Agriculture, shall identify -
(A) available methods of pest control by crop or animal;
(B) minor pest control problems, both in minor crops and
minor or localized problems in major crops; and
(C) factors limiting the availability of specific pest
control methods, such as resistance to control methods and
regulatory actions limiting the availability of control
methods.
(2) Report
The Secretary of Agriculture shall, not later than 180 days
after November 28, 1990, and annually thereafter, prepare a
report and send the report to the Administrator. The report shall
-
(A) contain the information described in paragraph (1);
(B) identify the crucial pest control needs where a shortage
of control methods is indicated by the information described in
paragraph (1); and
(C) describe in detail research and extension efforts
designed to address the needs identified in subparagraph (B).
(c) Integrated pest management
The Administrator, in cooperation with the Secretary of
Agriculture, shall develop approaches to the control of pests based
on integrated pest management that respond to the needs of
producers, with a special emphasis on minor pests.
(d) Public health pests
The Administrator, in coordination with the Secretary of
Agriculture and the Secretary of Health and Human Services, shall
identify pests of significant public health importance and, in
coordination with the Public Health Service, develop and implement
programs to improve and facilitate the safe and necessary use of
chemical, biological, and other methods to combat and control such
pests of public health importance.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 28, as added Pub. L. 95-396, Sec.
24(2), Sept. 30, 1978, 92 Stat. 838; amended Pub. L. 101-624, title
XIV, Sec. 1495, Nov. 28, 1990, 104 Stat. 3629; Pub. L. 104-127,
title VIII, Sec. 862(b)(1), Apr. 4, 1996, 110 Stat. 1174; Pub. L.
104-170, title II, Sec. 236, Aug. 3, 1996, 110 Stat. 1509.)


-MISC1-
AMENDMENTS
1996 - Subsec. (b)(2)(A). Pub. L. 104-127 struck out "and the
information required by section 5882 of this title" after
"paragraph (1)".
Subsec. (d). Pub. L. 104-170 added subsec. (d).
1990 - Pub. L. 101-624 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).

-End-



-CITE-
7 USC Sec. 136w-4 01/19/04

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

-HEAD-
Sec. 136w-4. Omitted

-COD-
CODIFICATION
Section, act June 25, 1947, ch. 125, Sec. 29, as added Pub. L.
95-396, Sec. 24(2), Sept. 30, 1978, 92 Stat. 838, which required
the Administrator of the Environmental Protection Agency to submit
an annual report to Congress relating to applications filed for
conditional registration under section 136a(c)(7)(B), (C) of this
title, terminated, effective May 15, 2000, pursuant to section 3003
of Pub. L. 104-66, as amended, set out as a note under section 1113
of Title 31, Money and Finance. See, also, page 164 of House
Document No. 103-7.

-End-



-CITE-
7 USC Sec. 136w-5 01/19/04

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

-HEAD-
Sec. 136w-5. Minimum requirements for training of maintenance
applicators and service technicians

-STATUTE-
Each State may establish minimum requirements for training of
maintenance applicators and service technicians. Such training may
include instruction in the safe and effective handling and use of
pesticides in accordance with the Environmental Protection Agency
approved labeling, and instruction in integrated pest management
techniques. The authority of the Administrator with respect to
minimum requirements for training of maintenance applicators and
service technicians shall be limited to ensuring that each State
understands the provisions of this section.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 30, as added Pub. L. 104-170, title
I, Sec. 121(2), Aug. 3, 1996, 110 Stat. 1492.)


-MISC1-
PRIOR PROVISIONS
A prior section 30 of act June 25, 1947, ch. 125, was renumbered
section 33 and is classified to section 136x of this title.

-End-



-CITE-
7 USC Sec. 136w-6 01/19/04

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

-HEAD-
Sec. 136w-6. Environmental Protection Agency minor use program

-STATUTE-
(a) The Administrator shall assure coordination of minor use
issues through the establishment of a minor use program within the
Office of Pesticide Programs. Such office shall be responsible for
coordinating the development of minor use programs and policies and
consulting with growers regarding minor use issues and
registrations and amendments which are submitted to the
Environmental Protection Agency.
(b) The Office of Pesticide Programs shall prepare a public
report concerning the progress made on the registration of minor
uses, including implementation of the exclusive use as an incentive
for registering new minor uses, within 3 years of the passage of
the Food Quality Protection Act of 1996.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 31, as added Pub. L. 104-170, title
II, Sec. 210(i), Aug. 3, 1996, 110 Stat. 1500.)

-REFTEXT-
REFERENCES IN TEXT
The passage of the Food Quality Protection Act of 1996, referred
to in subsec. (b), probably means the date of enactment of Pub. L.
104-170, which was approved Aug. 3, 1996.


-MISC1-
PRIOR PROVISIONS
A prior section 31 of act June 25, 1947, ch. 125, was renumbered
section 34 and is classified to section 136y of this title.

-End-



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

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

-HEAD-
Sec. 136w-7. Department of Agriculture minor use program

-STATUTE-
(a) In general
The Secretary of Agriculture (hereinafter in this section
referred to as the "Secretary") shall assure the coordination of
the responsibilities of the Department of Agriculture related to
minor uses of pesticides, including -
(1) carrying out the Inter-Regional Project Number 4 (IR-4) as
described in section 450i of this title and the national
pesticide resistance monitoring program established under section
1651 (!1) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5882);

(2) supporting integrated pest management research;
(3) consulting with growers to develop data for minor uses; and
(4) providing assistance for minor use registrations,
tolerances, and reregistrations with the Environmental Protection
Agency.
(b) Minor use pesticide data and revolving fund
(1) Minor use pesticide data
(A) Grant authority
The Secretary, in consultation with the Administrator, shall
establish a program to make grants for the development of data
to support minor use pesticide registrations and
reregistrations. The amount of any such grant shall not exceed
1/2 of the cost of the project for which the grant is made.
(B) Applicants
Any person who wants to develop data to support minor use
pesticide registrations and reregistrations may apply for a
grant under subparagraph (A). Priority shall be given to an
applicant for such a grant who does not directly receive funds
from the sale of pesticides registered for minor uses.
(C) Data ownership
Any data that is developed under a grant under subparagraph
(A) shall be jointly owned by the Department of Agriculture and
the person who received the grant. Such a person shall enter
into an agreement with the Secretary under which such person
shall share any fee paid to such person under section
136a(c)(1)(F) of this title.
(2) Minor Use Pesticide Data Revolving Fund
(A) Establishment
There is established in the Treasury of the United States a
revolving fund to be known as the Minor Use Pesticide Data
Revolving Fund. The Fund shall be available without fiscal year
limitation to carry out the authorized purposes of this
subsection.
(B) Contents of the Fund
There shall be deposited in the Fund -
(i) such amounts as may be appropriated to support the
purposes of this subsection; and
(ii) fees collected by the Secretary for any data developed
under a grant under paragraph (1)(A).
(C) Authorizations of appropriations
There are authorized to be appropriated for each fiscal year
to carry out the purposes of this subsection $10,000,000 to
remain available until expended.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 32, as added Pub. L. 104-170, title
II, Sec. 210(j), Aug. 3, 1996, 110 Stat. 1501.)

-REFTEXT-
REFERENCES IN TEXT
Section 1651 of the Food, Agriculture, Conservation, and Trade
Act of 1990, referred to in subsec. (a)(1), was classified to
section 5882 of this title prior to repeal by Pub. L. 104-127,
title VIII, Sec. 862(a), Apr. 4, 1996, 110 Stat. 1174.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



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

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

-HEAD-
Sec. 136x. Severability

-STATUTE-
If any provision of this subchapter or the application thereof to
any person or circumstance is held invalid, the invalidity shall
not affect other provisions or applications of this subchapter
which can be given effect without regard to the invalid provision
or application, and to this end the provisions of this subchapter
are severable.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 33, formerly Sec. 26, as added Pub.
L. 92-516, Sec. 2, Oct. 21, 1972, 86 Stat. 998; renumbered Sec. 30,
Pub. L. 95-396, Sec. 24(1), Sept. 30, 1978, 92 Stat. 836;
renumbered Sec. 33, Pub. L. 104-170, title I, Sec. 121(1), Aug. 3,
1996, 110 Stat. 1492.)


-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. 136y 01/19/04

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

-HEAD-
Sec. 136y. Authorization of appropriations

-STATUTE- (continued)