-CITE-
    7 USC CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE
           CONTROL                                         01/03/2007

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

-HEAD-
       CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL   


-MISC1-
                        SUBCHAPTER I - INSECTICIDES                    
    Sec.                                                     
    121 to 134. Repealed.                                             

              SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL          
    135 to 135k. Omitted.                                             
    136.        Definitions.                                          
    136a.       Registration of pesticides.                           
    136a-1.     Reregistration of registered pesticides.              
    136b.       Transferred.                                          
    136c.       Experimental use permits.                             
    136d.       Administrative review; suspension.                    
    136e.       Registration of establishments.                       
    136f.       Books and records.                                    
    136g.       Inspection of establishments, etc.                    
    136h.       Protection of trade secrets and other information.    
    136i.       Use of restricted use pesticides; applicators.        
    136i-1.     Pesticide recordkeeping.                              
    136i-2.     Collection of pesticide use information.              
    136j.       Unlawful acts.                                        
    136k.       Stop sale, use, removal, and seizure.                 
    136l.       Penalties.                                            
    136m.       Indemnities.                                          
    136n.       Administrative procedure; judicial review.            
    136o.       Imports and exports.                                  
    136p.       Exemption of Federal and State agencies.              
    136q.       Storage, disposal, transportation, and recall.        
    136r.       Research and monitoring.                              
    136r-1.     Integrated Pest Management.                           
    136s.       Solicitation of comments; notice of public hearings.  
    136t.       Delegation and cooperation.                           
    136u.       State cooperation, aid, and training.                 
    136v.       Authority of States.                                  
    136w.       Authority of Administrator.                           
    136w-1.     State primary enforcement responsibility.             
    136w-2.     Failure by the State to assure enforcement of State
                 pesticide use regulations.                           
    136w-3.     Identification of pests; cooperation with Department
                 of Agriculture's program.                            
    136w-4.     Omitted.                                              
    136w-5.     Minimum requirements for training of maintenance
                 applicators and service technicians.                 
    136w-6.     Environmental Protection Agency minor use program.    
    136w-7.     Department of Agriculture minor use program.          
    136w-8.     Pesticide registration service fees.                  
    136x.       Severability.                                         
    136y.       Authorization of appropriations.                      

-End-


-CITE-
    7 USC SUBCHAPTER I - INSECTICIDES                           01/03/2007

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

-HEAD-
                        SUBCHAPTER I - INSECTICIDES                    

-End-



-CITE-
    7 USC Secs. 121 to 134                                      01/03/2007

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

-HEAD-
    Secs. 121 to 134. Repealed.

-MISC1-
    Secs. 121 to 134. Repealed. June 25, 1947, ch. 125, Sec. 16, 61
      Stat. 172.
      Sections, act Apr. 26, 1910, ch. 191, 36 Stat. 335, formerly
    known as "The Insecticides Act", are covered by subchapter II of
    this chapter.

                EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION            
      Section 16 of act June 25, 1947, repealed this subchapter
    effective one year after June 25, 1947, and further provided that
    this subchapter should be deemed to remain in full force for the
    purpose of sustaining any proper suit, action, or other proceeding
    with respect to any violations, liabilities incurred, or appeals
    taken prior to such date of repeal or to sales, shipments, or
    deliveries of insecticides and fungicides exempted by the
    Secretary.

-End-


-CITE-
    7 USC SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL       01/03/2007

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

-HEAD-
              SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL          

-End-



-CITE-
    7 USC Secs. 135 to 135k                                     01/03/2007

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

-HEAD-
    Secs. 135 to 135k. Omitted

-COD-
                               CODIFICATION                           
      Sections 135 to 135k, acts June 25, 1947, ch. 125, Secs. 2-13, 61
    Stat. 163-172; Aug. 7, 1959, Pub. L. 86-139, Sec. 2, 73 Stat. 286;
    May 12, 1964, Pub. L. 88-305, Secs. 1-6, 78 Stat. 190-193; Oct. 15,
    1970, Pub. L. 91-452, title II, Sec. 204, 84 Stat. 928; Dec. 30,
    1970, Pub. L. 91-601, Sec. 6(b), formerly Sec. 7(b), 84 Stat. 1673,
    renumbered, Aug. 13, 1981, Pub. L. 97-35, title XII, Sec. 1205(c),
    95 Stat. 716, which related to economic poison control, were
    superseded by the amendments made to act June 25, 1947, by Pub. L.
    92-516, Oct. 21, 1972, 86 Stat. 975. See section 4 of Pub. L. 92-
    516, set out as a note under section 136 of this title. The
    provisions of act June 25, 1947, as amended by Pub. L. 92-516, are
    set out in section 136 et seq. of this title.
      Section 135 provided definitions for the purposes of this
    subchapter.
      Section 135a related to prohibited acts.
      Section 135b related to registration of economic poisons.
      Section 135c related to access, inspection, and use in criminal
    prosecutions of books and records.
      Section 135d related to rules and regulations, examination of
    economic poisons or devices, notification to violators,
    certification to United States attorney, duty of attorney, and
    publication of judgments.
      Section 135e related to exemptions from penalties.
      Section 135f provided for penalties.
      Section 135g related to seizure, disposal, and award of costs
    against claimant.
      Section 135h related to refusal of admission of imports.
      Section 135i related to delegation of duties.
      Section 135j related to authorization of appropriations and
    expenditure of funds.
      Section 135k related to cooperation between departments and
    agencies.

-End-



-CITE-
    7 USC Sec. 136                                              01/03/2007

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

-HEAD-
    Sec. 136. Definitions

-STATUTE-
      For purposes of this subchapter - 
    (a) Active ingredient
      The term "active ingredient" means - 
        (1) in the case of a pesticide other than a plant regulator,
      defoliant, desiccant, or nitrogen stabilizer, an ingredient which
      will prevent, destroy, repel, or mitigate any pest;
        (2) in the case of a plant regulator, an ingredient which,
      through physiological action, will accelerate or retard the rate
      of growth or rate of maturation or otherwise alter the behavior
      of ornamental or crop plants or the product thereof;
        (3) in the case of a defoliant, an ingredient which will cause
      the leaves or foliage to drop from a plant;
        (4) in the case of a desiccant, an ingredient which will
      artificially accelerate the drying of plant tissue; and
        (5) in the case of a nitrogen stabilizer, an ingredient which
      will prevent or hinder the process of nitrification,
      denitrification, ammonia volatilization, or urease production
      through action affecting soil bacteria.
    (b) Administrator
      The term "Administrator" means the Administrator of the
    Environmental Protection Agency.
    (c) Adulterated
      The term "adulterated" applies to any pesticide if - 
        (1) its strength or purity falls below the professed standard
      of quality as expressed on its labeling under which it is sold;
        (2) any substance has been substituted wholly or in part for
      the pesticide; or
        (3) any valuable constituent of the pesticide has been wholly
      or in part abstracted.
    (d) Animal
      The term "animal" means all vertebrate and invertebrate species,
    including but not limited to man and other mammals, birds, fish,
    and shellfish.
    (e) Certified applicator, etc.
      (1) Certified applicator
        The term "certified applicator" means any individual who is
      certified under section 136i of this title as authorized to use
      or supervise the use of any pesticide which is classified for
      restricted use. Any applicator who holds or applies registered
      pesticides, or uses dilutions of registered pesticides consistent
      with subsection (ee) of this section, only to provide a service
      of controlling pests without delivering any unapplied pesticide
      to any person so served is not deemed to be a seller or
      distributor of pesticides under this subchapter.
      (2) Private applicator
        The term "private applicator" means a certified applicator who
      uses or supervises the use of any pesticide which is classified
      for restricted use for purposes of producing any agricultural
      commodity on property owned or rented by the applicator or the
      applicator's employer or (if applied without compensation other
      than trading of personal services between producers of
      agricultural commodities) on the property of another person.
      (3) Commercial applicator
        The term "commercial applicator" means an applicator (whether
      or not the applicator is a private applicator with respect to
      some uses) who uses or supervises the use of any pesticide which
      is classified for restricted use for any purpose or on any
      property other than as provided by paragraph (2).
      (4) Under the direct supervision of a certified applicator
        Unless otherwise prescribed by its labeling, a pesticide shall
      be considered to be applied under the direct supervision of a
      certified applicator if it is applied by a competent person
      acting under the instructions and control of a certified
      applicator who is available if and when needed, even though such
      certified applicator is not physically present at the time and
      place the pesticide is applied.
    (f) Defoliant
      The term "defoliant" means any substance of mixture of substances
    intended for causing the leaves or foliage to drop from a plant,
    with or without causing abscission.
    (g) Desiccant
      The term "desiccant" means any substance or mixture of substances
    intended for artificially accelerating the drying of plant tissue.
    (h) Device
      The term "device" means any instrument or contrivance (other than
    a firearm) which is intended for trapping, destroying, repelling,
    or mitigating any pest or any other form of plant or animal life
    (other than man and other than bacteria, virus, or other
    microorganism on or in living man or other living animals); but not
    including equipment used for the application of pesticides when
    sold separately therefrom.
    (i) District court
      The term "district court" means a United States district court,
    the District Court of Guam, the District Court of the Virgin
    Islands, and the highest court of American Samoa.
    (j) Environment
      The term "environment" includes water, air, land, and all plants
    and man and other animals living therein, and the
    interrelationships which exist among these.
    (k) Fungus
      The term "fungus" means any non-chlorophyll-bearing thallophyte
    (that is, any non-chlorophyll-bearing plant of a lower order than
    mosses and liverworts), as for example, rust, smut, mildew, mold,
    yeast, and bacteria, except those on or in living man or other
    animals and those on or in processed food, beverages, or
    pharmaceuticals.
    (l) Imminent hazard
      The term "imminent hazard" means a situation which exists when
    the continued use of a pesticide during the time required for
    cancellation proceeding would be likely to result in unreasonable
    adverse effects on the environment or will involve unreasonable
    hazard to the survival of a species declared endangered or
    threatened by the Secretary pursuant to the Endangered Species Act
    of 1973 [16 U.S.C. 1531 et seq.].
    (m) Inert ingredient
      The term "inert ingredient" means an ingredient which is not
    active.
    (n) Ingredient statement
      The term "ingredient statement" means a statement which contains -
     
        (1) the name and percentage of each active ingredient, and the
      total percentage of all inert ingredients, in the pesticide; and
        (2) if the pesticide contains arsenic in any form, a statement
      of the percentages of total and water soluble arsenic, calculated
      as elementary arsenic.
    (o) Insect
      The term "insect" means any of the numerous small invertebrate
    animals generally having the body more or less obviously segmented,
    for the most part belonging to the class insecta, comprising six-
    legged, usually winged forms, as for example, beetles, bugs, bees,
    flies, and to other allied classes of anthropods whose members are
    wingless and usually have more than six legs, as for example,
    spiders, mites, ticks, centipedes, and wood lice.
    (p) Label and labeling
      (1) Label
        The term "label" means the written, printed, or graphic matter
      on, or attached to, the pesticide or device or any of its
      containers or wrappers.
      (2) Labeling
        The term "labeling" means all labels and all other written,
      printed, or graphic matter - 
          (A) accompanying the pesticide or device at any time; or
          (B) to which reference is made on the label or in literature
        accompanying the pesticide or device, except to current
        official publications of the Environmental Protection Agency,
        the United States Departments of Agriculture and Interior, the
        Department of Health and Human Services, State experiment
        stations, State agricultural colleges, and other similar
        Federal or State institutions or agencies authorized by law to
        conduct research in the field of pesticides.
    (q) Misbranded
        (1) A pesticide is misbranded if - 
          (A) its labeling bears any statement, design, or graphic
        representation relative thereto or to its ingredients which is
        false or misleading in any particular;
          (B) it is contained in a package or other container or
        wrapping which does not conform to the standards established by
        the Administrator pursuant to section 136w(c)(3) of this title;
          (C) it is an imitation of, or is offered for sale under the
        name of, another pesticide;
          (D) its label does not bear the registration number assigned
        under section 136e of this title to each establishment in which
        it was produced;
          (E) any word, statement, or other information required by or
        under authority of this subchapter to appear on the label or
        labeling is not prominently placed thereon with such
        conspicuousness (as compared with other words, statements,
        designs, or graphic matter in the labeling) and in such terms
        as to render it likely to be read and understood by the
        ordinary individual under customary conditions of purchase and
        use;
          (F) the labeling accompanying it does not contain directions
        for use which are necessary for effecting the purpose for which
        the product is intended and if complied with, together with any
        requirements imposed under section 136a(d) of this title, are
        adequate to protect health and the environment;
          (G) the label does not contain a warning or caution statement
        which may be necessary and if complied with, together with any
        requirements imposed under section 136a(d) of this title, is
        adequate to protect health and the environment; or
          (H) in the case of a pesticide not registered in accordance
        with section 136a of this title and intended for export, the
        label does not contain, in words prominently placed thereon
        with such conspicuousness (as compared with other words,
        statements, designs, or graphic matter in the labeling) as to
        render it likely to be noted by the ordinary individual under
        customary conditions of purchase and use, the following: "Not
        Registered for Use in the United States of America".

        (2) A pesticide is misbranded if - 
          (A) the label does not bear an ingredient statement on that
        part of the immediate container (and on the outside container
        or wrapper of the retail package, if there be one, through
        which the ingredient statement on the immediate container
        cannot be clearly read) which is presented or displayed under
        customary conditions or purchase, except that a pesticide is
        not misbranded under this subparagraph if - 
            (i) The size or form of the immediate container, or the
          outside container or wrapper of the retail package, makes it
          impracticable to place the ingredient statement on the part
          which is presented or displayed under customary conditions of
          purchase; and
            (ii) the ingredient statement appears prominently on
          another part of the immediate container, or outside container
          or wrapper, permitted by the Administrator;

          (B) the labeling does not contain a statement of the use
        classification under which the product is registered;
          (C) there is not affixed to its container, and to the outside
        container or wrapper of the retail package, if there be one,
        through which the required information on the immediate
        container cannot be clearly read, a label bearing - 
            (i) the name and address of the producer, registrant, or
          person for whom produced;
            (ii) the name, brand, or trademark under which the
          pesticide is sold;
            (iii) the net weight or measure of the content, except that
          the Administrator may permit reasonable variations; and
            (iv) when required by regulation of the Administrator to
          effectuate the purposes of this subchapter, the registration
          number assigned to the pesticide under this subchapter, and
          the use classification; and

          (D) the pesticide contains any substance or substances in
        quantities highly toxic to man, unless the label shall bear, in
        addition to any other matter required by this subchapter - 
            (i) the skull and crossbones;
            (ii) the word "poison" prominently in red on a background
          of distinctly contrasting color; and
            (iii) a statement of a practical treatment (first aid or
          otherwise) in case of poisoning by the pesticide.
    (r) Nematode
      The term "nematode" means invertebrate animals of the phylum
    nemathelminthes and class nematoda, that is, unsegmented round
    worms with elongated, fusiform, or saclike bodies covered with
    cuticle, and inhabiting soil, water, plants, or plant parts; may
    also be called nemas or eelworms.
    (s) Person
      The term "person" means any individual, partnership, association,
    corporation, or any organized group of persons whether incorporated
    or not.
    (t) Pest
      The term "pest" means (1) any insect, rodent, nematode, fungus,
    weed, or (2) any other form of terrestrial or aquatic plant or
    animal life or virus, bacteria, or other micro-organism (except
    viruses, bacteria, or other micro-organisms on or in living man or
    other living animals) which the Administrator declares to be a pest
    under section 136w(c)(1) of this title.
    (u) Pesticide
      The term "pesticide" means (1) any substance or mixture of
    substances intended for preventing, destroying, repelling, or
    mitigating any pest, (2) any substance or mixture of substances
    intended for use as a plant regulator, defoliant, or desiccant, and
    (3) any nitrogen stabilizer, except that the term "pesticide" shall
    not include any article that is a "new animal drug" within the
    meaning of section 321(w) (!1) of title 21, that has been
    determined by the Secretary of Health and Human Services not to be
    a new animal drug by a regulation establishing conditions of use
    for the article, or that is an animal feed within the meaning of
    section 321(x) (!1) of title 21 bearing or containing a new animal
    drug. The term "pesticide" does not include liquid chemical
    sterilant products (including any sterilant or subordinate
    disinfectant claims on such products) for use on a critical or semi-
    critical device, as defined in section 321 of title 21. For
    purposes of the preceding sentence, the term "critical device"
    includes any device which is introduced directly into the human
    body, either into or in contact with the bloodstream or normally
    sterile areas of the body and the term "semi-critical device"
    includes any device which contacts intact mucous membranes but
    which does not ordinarily penetrate the blood barrier or otherwise
    enter normally sterile areas of the body.

    (v) Plant regulator
      The term "plant regulator" means any substance or mixture of
    substances intended, through physiological action, for accelerating
    or retarding the rate of growth or rate of maturation, or for
    otherwise altering the behavior of plants or the produce thereof,
    but shall not include substances to the extent that they are
    intended as plant nutrients, trace elements, nutritional chemicals,
    plant inoculants, and soil amendments. Also, the term "plant
    regulator" shall not be required to include any of such of those
    nutrient mixtures or soil amendments as are commonly known as
    vitamin-hormone horticultural products, intended for improvement,
    maintenance, survival, health, and propagation of plants, and as
    are not for pest destruction and are nontoxic, nonpoisonous in the
    undiluted packaged concentration.
    (w) Producer and produce
      The term "producer" means the person who manufactures, prepares,
    compounds, propagates, or processes any pesticide or device or
    active ingredient used in producing a pesticide. The term "produce"
    means to manufacture, prepare, compound, propagate, or process any
    pesticide or device or active ingredient used in producing a
    pesticide. The dilution by individuals of formulated pesticides for
    their own use and according to the directions on registered labels
    shall not of itself result in such individuals being included in
    the definition of "producer" for the purposes of this subchapter.
    (x) Protect health and the environment
      The terms "protect health and the environment" and "protection of
    health and the environment" mean protection against any
    unreasonable adverse effects on the environment.
    (y) Registrant
      The term "registrant" means a person who has registered any
    pesticide pursuant to the provisions of this subchapter.
    (z) Registration
      The term "registration" includes reregistration.
    (aa) State
      The term "State" means a State, the District of Columbia, the
    Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust
    Territory of the Pacific Islands, and American Samoa.
    (bb) Unreasonable adverse effects on the environment
      The term "unreasonable adverse effects on the environment" means
    (1) any unreasonable risk to man or the environment, taking into
    account the economic, social, and environmental costs and benefits
    of the use of any pesticide, or (2) a human dietary risk from
    residues that result from a use of a pesticide in or on any food
    inconsistent with the standard under section 346a of title 21. The
    Administrator shall consider the risks and benefits of public
    health pesticides separate from the risks and benefits of other
    pesticides. In weighing any regulatory action concerning a public
    health pesticide under this subchapter, the Administrator shall
    weigh any risks of the pesticide against the health risks such as
    the diseases transmitted by the vector to be controlled by the
    pesticide.
    (cc) Weed
      The term "weed" means any plant which grows where not wanted.
    (dd) Establishment
      The term "establishment" means any place where a pesticide or
    device or active ingredient used in producing a pesticide is
    produced, or held, for distribution or sale.
    (ee) To use any registered pesticide in a manner inconsistent with
      its labeling
      The term "to use any registered pesticide in a manner
    inconsistent with its labeling" means to use any registered
    pesticide in a manner not permitted by the labeling, except that
    the term shall not include (1) applying a pesticide at any dosage,
    concentration, or frequency less than that specified on the
    labeling unless the labeling specifically prohibits deviation from
    the specified dosage, concentration, or frequency, (2) applying a
    pesticide against any target pest not specified on the labeling if
    the application is to the crop, animal, or site specified on the
    labeling, unless the Administrator has required that the labeling
    specifically state that the pesticide may be used only for the
    pests specified on the labeling after the Administrator has
    determined that the use of the pesticide against other pests would
    cause an unreasonable adverse effect on the environment, (3)
    employing any method of application not prohibited by the labeling
    unless the labeling specifically states that the product may be
    applied only by the methods specified on the labeling, (4) mixing a
    pesticide or pesticides with a fertilizer when such mixture is not
    prohibited by the labeling, (5) any use of a pesticide in
    conformance with section 136c, 136p, or 136v of this title, or (6)
    any use of a pesticide in a manner that the Administrator
    determines to be consistent with the purposes of this subchapter.
    After March 31, 1979, the term shall not include the use of a
    pesticide for agricultural or forestry purposes at a dilution less
    than label dosage unless before or after that date the
    Administrator issues a regulation or advisory opinion consistent
    with the study provided for in section 27(b) of the Federal
    Pesticide Act of 1978, which regulation or advisory opinion
    specifically requires the use of definite amounts of dilution.
    (ff) Outstanding data requirement
      (1) In general
        The term "outstanding data requirement" means a requirement for
      any study, information, or data that is necessary to make a
      determination under section 136a(c)(5) of this title and which
      study, information, or data - 
          (A) has not been submitted to the Administrator; or
          (B) if submitted to the Administrator, the Administrator has
        determined must be resubmitted because it is not valid,
        complete, or adequate to make a determination under section
        136a(c)(5) of this title and the regulations and guidelines
        issued under such section.
      (2) Factors
        In making a determination under paragraph (1)(B) respecting a
      study, the Administrator shall examine, at a minimum, relevant
      protocols, documentation of the conduct and analysis of the
      study, and the results of the study to determine whether the
      study and the results of the study fulfill the data requirement
      for which the study was submitted to the Administrator.
    (gg) To distribute or sell
      The term "to distribute or sell" means to distribute, sell, offer
    for sale, hold for distribution, hold for sale, hold for shipment,
    ship, deliver for shipment, release for shipment, or receive and
    (having so received) deliver or offer to deliver. The term does not
    include the holding or application of registered pesticides or use
    dilutions thereof by any applicator who provides a service of
    controlling pests without delivering any unapplied pesticide to any
    person so served.
    (hh) Nitrogen stabilizer
      The term "nitrogen stabilizer" means any substance or mixture of
    substances intended for preventing or hindering the process of
    nitrification, denitrification, ammonia volatilization, or urease
    production through action upon soil bacteria. Such term shall not
    include - 
        (1) dicyandiamide;
        (2) ammonium thiosulfate; or
        (3) any substance or mixture of substances. -  (!2)

          (A) that was not registered pursuant to section 136a of this
        title prior to January 1, 1992; and
          (B) that was in commercial agronomic use prior to January 1,
        1992, with respect to which after January 1, 1992, the
        distributor or seller of the substance or mixture has made no
        specific claim of prevention or hindering of the process of
        nitrification, denitrification, ammonia volatilization (!3)
        urease production regardless of the actual use or purpose for,
        or future use or purpose for, the substance or mixture.


    Statements made in materials required to be submitted to any State
    legislative or regulatory authority, or required by such authority
    to be included in the labeling or other literature accompanying any
    such substance or mixture shall not be deemed a specific claim
    within the meaning of this subsection.
    (jj) (!4) Maintenance applicator

      The term "maintenance applicator" means any individual who, in
    the principal course of such individual's employment, uses, or
    supervises the use of, a pesticide not classified for restricted
    use (other than a ready to use consumer products pesticide); for
    the purpose of providing structural pest control or lawn pest
    control including janitors, general maintenance personnel,
    sanitation personnel, and grounds maintenance personnel. The term
    "maintenance applicator" does not include private applicators as
    defined in subsection (e)(2) of this section; individuals who use
    antimicrobial pesticides, sanitizers or disinfectants; individuals
    employed by Federal, State, and local governments or any political
    subdivisions thereof, or individuals who use pesticides not
    classified for restricted use in or around their homes, boats, sod
    farms, nurseries, greenhouses, or other noncommercial property.
    (kk) Service technician
      The term "service technician" means any individual who uses or
    supervises the use of pesticides (other than a ready to use
    consumer products pesticide) for the purpose of providing
    structural pest control or lawn pest control on the property of
    another for a fee. The term "service technician" does not include
    individuals who use antimicrobial pesticides, sanitizers or
    disinfectants; or who otherwise apply ready to use consumer
    products pesticides.
    (ll) Minor use
      The term "minor use" means the use of a pesticide on an animal,
    on a commercial agricultural crop or site, or for the protection of
    public health where - 
        (1) the total United States acreage for the crop is less than
      300,000 acres, as determined by the Secretary of Agriculture; or
        (2) the Administrator, in consultation with the Secretary of
      Agriculture, determines that, based on information provided by an
      applicant for registration or a registrant, the use does not
      provide sufficient economic incentive to support the initial
      registration or continuing registration of a pesticide for such
      use and - 
          (A) there are insufficient efficacious alternative registered
        pesticides available for the use;
          (B) the alternatives to the pesticide use pose greater risks
        to the environment or human health;
          (C) the minor use pesticide plays or will play a significant
        part in managing pest resistance; or
          (D) the minor use pesticide plays or will play a significant
        part in an integrated pest management program.

    The status as a minor use under this subsection shall continue as
    long as the Administrator has not determined that, based on
    existing data, such use may cause an unreasonable adverse effect on
    the environment and the use otherwise qualifies for such status.
    (mm) Antimicrobial pesticide
      (1) In general
        The term "antimicrobial pesticide" means a pesticide that - 
          (A) is intended to - 
            (i) disinfect, sanitize, reduce, or mitigate growth or
          development of microbiological organisms; or
            (ii) protect inanimate objects, industrial processes or
          systems, surfaces, water, or other chemical substances from
          contamination, fouling, or deterioration caused by bacteria,
          viruses, fungi, protozoa, algae, or slime; and

          (B) in the intended use is exempt from, or otherwise not
        subject to, a tolerance under section 346a of title 21 or a
        food additive regulation under section 348 of title 21.
      (2) Excluded products
        The term "antimicrobial pesticide" does not include - 
          (A) a wood preservative or antifouling paint product for
        which a claim of pesticidal activity other than or in addition
        to an activity described in paragraph (1) is made;
          (B) an agricultural fungicide product; or
          (C) an aquatic herbicide product.
      (3) Included products
        The term "antimicrobial pesticide" does include any other
      chemical sterilant product (other than liquid chemical sterilant
      products exempt under subsection (u) of this section), any other
      disinfectant product, any other industrial microbiocide product,
      and any other preservative product that is not excluded by
      paragraph (2).
    (nn) Public health pesticide
      The term "public health pesticide" means any minor use pesticide
    product registered for use and used predominantly in public health
    programs for vector control or for other recognized health
    protection uses, including the prevention or mitigation of viruses,
    bacteria, or other microorganisms (other than viruses, bacteria, or
    other microorganisms on or in living man or other living animal)
    that pose a threat to public health.
    (oo) Vector
      The term "vector" means any organism capable of transmitting the
    causative agent of human disease or capable of producing human
    discomfort or injury, including mosquitoes, flies, fleas,
    cockroaches, or other insects and ticks, mites, or rats.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 2, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 975; amended Pub. L. 93-205, Sec. 13(f),
    Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-140, Sec. 9, Nov. 28, 1975,
    89 Stat. 754; Pub. L. 95-396, Sec. 1, Sept. 30, 1978, 92 Stat. 819;
    Pub. L. 100-532, title I, Sec. 101, title VI, Sec. 601(a), title
    VIII, Sec. 801(a), Oct. 25, 1988, 102 Stat. 2655, 2677, 2679; Pub.
    L. 102-237, title X, Sec. 1006(a)(1), (2), (b)(3)(A), (B), Dec. 13,
    1991, 105 Stat. 1894, 1895; Pub. L. 104-170, title I, Secs. 105(a),
    120, title II, Secs. 210(a), 221, 230, title III, Sec. 304, Aug. 3,
    1996, 110 Stat. 1490, 1492, 1493, 1502, 1508, 1512.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Endangered Species Act of 1973, referred to in subsec. (l),
    is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which
    is classified generally to chapter 35 (Sec. 1531 et seq.) of Title
    16, Conservation. For complete classification of this Act to the
    Code, see Short Title note set out under section 1531 of Title 16
    and Tables.
      Section 321 of title 21, referred to in subsec. (u), was
    subsequently amended, and subsecs. (w) and (x) of section 321 no
    longer define the terms "new animal drug" and "animal feed",
    respectively. However, such terms are defined elsewhere in that
    section.
      Section 27(b) of Federal Pesticide Act of 1978, referred to in
    subsec. (ee), is section 27(b) of Pub. L. 95-396, Sept. 30, 1978,
    92 Stat. 841, which was formerly set out as a note under section
    136w-4 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2 of act June 25, 1947, was classified to section
    135 of this title prior to amendment of act June 25, 1947, by Pub.
    L. 92-516.

                                AMENDMENTS                            
      1996 - Subsec. (a)(1). Pub. L. 104-170, Sec. 105(a)(1)(A),
    substituted "defoliant, desiccant, or nitrogen stabilizer" for
    "defoliant, or desiccant".
      Subsec. (a)(5). Pub. L. 104-170, Sec. 105(a)(1)(B)-(D), added
    par. (5).
      Subsec. (u). Pub. L. 104-170, Secs. 105(a)(2), 221(1), struck out
    "and" before "(2)", inserted "and (3) any nitrogen stabilizer,"
    after "desiccant,", and inserted at end "The term 'pesticide' does
    not include liquid chemical sterilant products (including any
    sterilant or subordinate disinfectant claims on such products) for
    use on a critical or semi-critical device, as defined in section
    321 of title 21. For purposes of the preceding sentence, the term
    'critical device' includes any device which is introduced directly
    into the human body, either into or in contact with the bloodstream
    or normally sterile areas of the body and the term 'semi-critical
    device' includes any device which contacts intact mucous membranes
    but which does not ordinarily penetrate the blood barrier or
    otherwise enter normally sterile areas of the body."
      Subsec. (bb). Pub. L. 104-170, Sec. 304, which directed amendment
    of section 2(bb) by inserting "(1)" after "means" and adding cl.
    (2), without specifying the Act being amended, was executed to this
    subsection, which is section 2(bb) of the Federal Insecticide,
    Fungicide, and Rodenticide Act, to reflect the probable intent of
    Congress.
      Pub. L. 104-170, Sec. 230(a), inserted at end "The Administrator
    shall consider the risks and benefits of public health pesticides
    separate from the risks and benefits of other pesticides. In
    weighing any regulatory action concerning a public health pesticide
    under this subchapter, the Administrator shall weigh any risks of
    the pesticide against the health risks such as the diseases
    transmitted by the vector to be controlled by the pesticide."
      Subsec. (hh). Pub. L. 104-170, Sec. 105(a)(3), added subsec.
    (hh).
      Subsecs. (jj), (kk). Pub. L. 104-170, Sec. 120, added subsecs.
    (jj) and (kk).
      Subsec. (ll). Pub. L. 104-170, Sec. 210(a), added subsec. (ll).
      Subsec. (mm). Pub. L. 104-170, Sec. 221(2), added subsec. (mm).
      Subsecs. (nn), (oo). Pub. L. 104-170, Sec. 230(b), added subsecs.
    (nn) and (oo).
      1991 - Subsec. (e)(1). Pub. L. 102-237, Sec. 1006(a)(1),
    substituted "section 136i" for "section 136b" and "uses dilutions"
    for "use dilutions" and made technical amendment to reference to
    subsection (ee) of this section involving corresponding provision
    of original act.
      Subsec. (e)(2). Pub. L. 102-237, Sec. 1006(b)(3)(A), substituted
    "the applicator or the applicator's" for "him or his".
      Subsec. (e)(3). Pub. L. 102-237, Sec. 1006(b)(3)(B), substituted
    "the applicator" for "he".
      Subsec. (q)(2)(A)(i). Pub. L. 102-237, Sec. 1006(a)(2),
    substituted "size or form" for "size of form".
      1988 - Subsec. (c). Pub. L. 100-532, Sec. 801(a)(1), substituted
    "if - " for "if:".
      Subsec. (p)(2)(B). Pub. L. 100-532, Sec. 801(a)(2), substituted
    "Health and Human Services" for "Health, Education, and Welfare".
      Subsec. (q)(2)(A). Pub. L. 100-532, Sec. 801(a)(3), substituted
    "if - " for "if:".
      Subsec. (q)(2)(C)(iii). Pub. L. 100-532, Sec. 801(a)(4),
    substituted ", except that" for ": Provided, That".
      Subsec. (u). Pub. L. 100-532, Sec. 801(a)(5), substituted ",
    except that" for ": Provided, That", struck out "(1)(a)" after
    "include any article" and "or (b)" after "section 321(w) of title
    21,", and substituted "Health and Human Services" for "Health,
    Education, and Welfare", "or that is" for "or (2) that is", and "a
    new animal drug" for "an article covered by clause (1) of this
    proviso".
      Subsec. (ee). Pub. L. 100-532, Secs. 601(a)(1), 801(a)(6),
    substituted ", except that" for ": Provided, That", inserted
    "unless the labeling specifically prohibits deviation from the
    specified dosage, concentration, or frequency" and "unless the
    labeling specifically states that the product may be applied only
    by the methods specified on the labeling", substituted "labeling,
    (4) mixing" for "labeling, or (4) mixing", ", (5)" for ": Provided
    further, That the term also shall not include", "or (6) any use"
    for "or any use", and ". After" for ": And provided further, That
    after".
      Subsec. (ff). Pub. L. 100-532, Sec. 101, added subsec. (ff).
      Subsec. (gg). Pub. L. 100-532, Sec. 601(a)(2), added subsec.
    (gg).
      1978 - Subsec. (e)(1). Pub. L. 95-396, Sec. 1(1), inserted
    provision deeming an applicator not a seller or distributor of
    pesticides when providing a service of controlling pests.
      Subsec. (e)(3). Pub. L. 95-396, Sec. 1(2), substituted "an
    applicator" for "a certified applicator".
      Subsec. (q)(1)(H). Pub. L. 95-396, Sec. 1(3), added subpar. (H).
      Subsec. (w). Pub. L. 95-396, Sec. 1(4), (5), amended definition
    of "producer" and "produce" to include reference to active
    ingredient used in producing a pesticide and inserted provision
    that an individual did not become a producer when there was
    dilution of a pesticide for personal use according to directions on
    registered labels.
      Subsec. (dd). Pub. L. 95-396, Sec. 1(6), inserted "or active
    ingredient used in producing a pesticide".
      Subsec. (ee). Pub. L. 95-396, Sec. 1(7), added subsec. (ee).
      1975 - Subsec. (u). Pub. L. 94-140 inserted proviso which
    excluded from term "pesticide" any article designated as "new
    animal drug" and any article denominated as animal feed.
      1973 - Subsec. (l). Pub. L. 93-205 substituted "or threatened by
    the Secretary pursuant to the Endangered Species Act of 1973" for
    "by the Secretary of the Interior under Public Law 91-135".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 901 of Pub. L. 100-532 provided that: "Except as
    otherwise provided in this Act, the amendments made by this Act
    [see Short Title of 1988 Amendment note below] shall take effect on
    the expiration of 60 days after the date of enactment of this Act
    [Oct. 25, 1988]."

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section
    16 of Pub. L. 93-205, set out as an Effective Date note under
    section 1531 of Title 16, Conservation.

                              EFFECTIVE DATE                          
      Section 4 of Pub. L. 92-516, as amended by Pub. L. 94-140, Sec.
    4, Nov. 28, 1975, 89 Stat. 752; Pub. L. 95-396, Sec. 28, Sept. 30,
    1978, 92 Stat. 842, provided that:
      "(a) Except as otherwise provided in the Federal Insecticide,
    Fungicide, and Rodenticide Act [this subchapter], as amended by
    this Act and as otherwise provided by this section, the amendments
    made by this Act [see Short Title note set out below] shall take
    effect at the close of the date of the enactment of this Act [Oct.
    21, 1972], provided if regulations are necessary for the
    implementation of any provision that becomes effective on the date
    of enactment, such regulations shall be promulgated and shall
    become effective within 90 days from the date of enactment of this
    Act.
      "(b) The provisions of the Federal Insecticide, Fungicide, and
    Rodenticide Act [this subchapter] and the regulations thereunder as
    such existed prior to the enactment of this Act shall remain in
    effect until superseded by the amendments made by this Act and
    regulations thereunder.
      "(c)(1) Two years after the enactment of this Act the
    Administrator shall have promulgated regulations providing for the
    registration and classification of pesticides under the provisions
    of this Act and thereafter shall register all new applications
    under such provisions.
      "(2) Any requirements that a pesticide be registered for use only
    by a certified applicator shall not be effective until five years
    from the date of enactment of this Act.
      "(3) A period of five years from date of enactment shall be
    provided for certification of applicators.
        "(A) One year after the enactment of this Act the Administrator
      shall have prescribed the standards for the certification of
      applicators.
        "(B) Each State desiring to certify applicators shall submit a
      State plan to the Administrator for the purpose provided by
      section 4(b).
        "(C) As promptly as possible but in no event more than one year
      after submission of a State plan, the Administrator shall approve
      the State plan or disapprove it and indicate the reasons for
      disapproval. Consideration of plans resubmitted by States shall
      be expedited.
      "(4) One year after the enactment of this Act the Administrator
    shall have promulgated and shall make effective regulations
    relating to the registration of establishments, permits for
    experimental use, and the keeping of books and records under the
    provisions of this Act.
      "(d) No person shall be subject to any criminal or civil penalty
    imposed by the Federal Insecticide, Fungicide, and Rodenticide Act,
    as amended by this Act, for any act (or failure to act) occurring
    before the expiration of 60 days after the Administrator has
    published effective regulations in the Federal Register and taken
    such other action as may be necessary to permit compliance with the
    provisions under which the penalty is to be imposed.
      "(e) For purposes of determining any criminal or civil penalty or
    liability to any third person in respect of any act or omission
    occurring before the expiration of the periods referred to in this
    section, the Federal Insecticide, Fungicide, and Rodenticide Act
    shall be treated as continuing in effect as if this Act had not
    been enacted."

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-199, div. G, title V, Sec. 501(a), Jan. 23, 2004, 118
    Stat. 419, provided that: "This section [enacting section 136w-8 of
    this title, amending sections 136a, 136a-1, 136x, and 136y of this
    title, and enacting provisions set out as notes under section 136a
    of this title and section 346a of Title 21, Food and Drugs] may be
    cited as the 'Pesticide Registration Improvement Act of 2003'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Section 1 of Pub. L. 104-170 provided that: "This Act [enacting
    sections 136i-2, 136r-1, and 136w-5 to 136w-7 of this title,
    amending this section, sections 136a, 136a-1, 136d, 136q, 136s,
    136w, 136w-3, 136x, and 136y of this title, and sections 321, 331,
    333, 342, and 346a of Title 21, Food and Drugs, and enacting
    provisions set out as notes under section 136i-2 of this title and
    sections 301 and 346a of Title 21] may be cited as the 'Food
    Quality Protection Act of 1996'."
      [Another Food Quality Protection Act of 1996 was enacted by Pub.
    L. 104-170, title IV, 110 Stat. 1513, see section 401(a) of Pub. L.
    104-170, set out as a note under section 301 of Title 21, Food and
    Drugs.]

                       SHORT TITLE OF 1988 AMENDMENT                   
      Section 1(a) of Pub. L. 100-532 provided that: "This Act
    [enacting section 136a-1 of this title, amending this section and
    sections 136a to 136d, 136f to 136q, 136s, 136v to 136w-2, and 136y
    of this title, and enacting provisions set out as notes under this
    section and sections 136m and 136y of this title] may be cited as
    the 'Federal Insecticide, Fungicide, and Rodenticide Act Amendments
    of 1988'."

                       SHORT TITLE OF 1978 AMENDMENT                   
      Section 29 of Pub. L. 95-396 provided that: "This Act [enacting
    sections 136w-1 to 136w-4 of this title, amending this section and
    sections 136a to 136f, 136h, 136j, 136l, 136o, 136q, 136r, 136u to
    136w, 136x, and 136y of this title, enacting provisions set out as
    notes under sections 136a, 136o, and 136w-4 of this title, and
    amending provisions set out as a note under this section] may be
    cited as the 'Federal Pesticide Act of 1978'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 92-516 provided: "That this Act [amending
    this subchapter generally, enacting notes set out under this
    section, and amending sections 1261 and 1471 of Title 15, Commerce
    and Trade, and sections 321 and 346a of Title 21, Foods and Drugs]
    may be cited as the 'Federal Environmental Pesticide Control Act of
    1972'."
      Section 1(a) of act June 25, 1947, as added by Pub. L. 92-516,
    Sec. 2, provided that: "This Act [enacting this subchapter] may be
    cited as the 'Federal Insecticide, Fungicide, and Rodenticide
    Act'."


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.


-MISC2-
            FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS        
      For provisions relating to the responsibility of the head of each
    Executive agency for compliance with applicable pollution control
    standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
    set out as a note under section 4321 of Title 42, The Public Health
    and Welfare.

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

               

    (!2) So in original. Period probably should not appear.

    (!3) So in original. Probably should be followed by ", or".

    (!4) So in original. No subsec. (ii) was enacted.


-End-



-CITE-
    7 USC Sec. 136a                                             01/03/2007

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

-HEAD-
    Sec. 136a. Registration of pesticides

-STATUTE-
    (a) Requirement of registration
      Except as provided by this subchapter, no person in any State may
    distribute or sell to any person any pesticide that is not
    registered under this subchapter. To the extent necessary to
    prevent unreasonable adverse effects on the environment, the
    Administrator may by regulation limit the distribution, sale, or
    use in any State of any pesticide that is not registered under this
    subchapter and that is not the subject of an experimental use
    permit under section 136c of this title or an emergency exemption
    under section 136p of this title.
    (b) Exemptions
      A pesticide which is not registered with the Administrator may be
    transferred if - 
        (1) the transfer is from one registered establishment to
      another registered establishment operated by the same producer
      solely for packaging at the second establishment or for use as a
      constituent part of another pesticide produced at the second
      establishment; or
        (2) the transfer is pursuant to and in accordance with the
      requirements of an experimental use permit.
    (c) Procedure for registration
      (1) Statement required
        Each applicant for registration of a pesticide shall file with
      the Administrator a statement which includes - 
          (A) the name and address of the applicant and of any other
        person whose name will appear on the labeling;
          (B) the name of the pesticide;
          (C) a complete copy of the labeling of the pesticide, a
        statement of all claims to be made for it, and any directions
        for its use;
          (D) the complete formula of the pesticide;
          (E) a request that the pesticide be classified for general
        use or for restricted use, or for both; and
          (F) except as otherwise provided in paragraph (2)(D), if
        requested by the Administrator, a full description of the tests
        made and the results thereof upon which the claims are based,
        or alternatively a citation to data that appear in the public
        literature or that previously had been submitted to the
        Administrator and that the Administrator may consider in
        accordance with the following provisions:
            (i) With respect to pesticides containing active
          ingredients that are initially registered under this
          subchapter after September 30, 1978, data submitted to
          support the application for the original registration of the
          pesticide, or an application for an amendment adding any new
          use to the registration and that pertains solely to such new
          use, shall not, without the written permission of the
          original data submitter, be considered by the Administrator
          to support an application by another person during a period
          of ten years following the date the Administrator first
          registers the pesticide, except that such permission shall
          not be required in the case of defensive data.
            (ii) The period of exclusive data use provided under clause
          (i) shall be extended 1 additional year for each 3 minor uses
          registered after August 3, 1996, and within 7 years of the
          commencement of the exclusive use period, up to a total of 3
          additional years for all minor uses registered by the
          Administrator if the Administrator, in consultation with the
          Secretary of Agriculture, determines that, based on
          information provided by an applicant for registration or a
          registrant, that - 
              (I) there are insufficient efficacious alternative
            registered pesticides available for the use;
              (II) the alternatives to the minor use pesticide pose
            greater risks to the environment or human health;
              (III) the minor use pesticide plays or will play a
            significant part in managing pest resistance; or
              (IV) the minor use pesticide plays or will play a
            significant part in an integrated pest management program.

          The registration of a pesticide for a minor use on a crop
          grouping established by the Administrator shall be considered
          for purposes of this clause 1 minor use for each
          representative crop for which data are provided in the crop
          grouping. Any additional exclusive use period under this
          clause shall be modified as appropriate or terminated if the
          registrant voluntarily cancels the product or deletes from
          the registration the minor uses which formed the basis for
          the extension of the additional exclusive use period or if
          the Administrator determines that the registrant is not
          actually marketing the product for such minor uses.
            (iii) Except as otherwise provided in clause (i), with
          respect to data submitted after December 31, 1969, by an
          applicant or registrant to support an application for
          registration, experimental use permit, or amendment adding a
          new use to an existing registration, to support or maintain
          in effect an existing registration, or for reregistration,
          the Administrator may, without the permission of the original
          data submitter, consider any such item of data in support of
          an application by any other person (hereinafter in this
          subparagraph referred to as the "applicant") within the
          fifteen-year period following the date the data were
          originally submitted only if the applicant has made an offer
          to compensate the original data submitter and submitted such
          offer to the Administrator accompanied by evidence of
          delivery to the original data submitter of the offer. The
          terms and amount of compensation may be fixed by agreement
          between the original data submitter and the applicant, or,
          failing such agreement, binding arbitration under this
          subparagraph. If, at the end of ninety days after the date of
          delivery to the original data submitter of the offer to
          compensate, the original data submitter and the applicant
          have neither agreed on the amount and terms of compensation
          nor on a procedure for reaching an agreement on the amount
          and terms of compensation, either person may initiate binding
          arbitration proceedings by requesting the Federal Mediation
          and Conciliation Service to appoint an arbitrator from the
          roster of arbitrators maintained by such Service. The
          procedure and rules of the Service shall be applicable to the
          selection of such arbitrator and to such arbitration
          proceedings, and the findings and determination of the
          arbitrator shall be final and conclusive, and no official or
          court of the United States shall have power or jurisdiction
          to review any such findings and determination, except for
          fraud, misrepresentation, or other misconduct by one of the
          parties to the arbitration or the arbitrator where there is a
          verified complaint with supporting affidavits attesting to
          specific instances of such fraud, misrepresentation, or other
          misconduct. The parties to the arbitration shall share
          equally in the payment of the fee and expenses of the
          arbitrator. If the Administrator determines that an original
          data submitter has failed to participate in a procedure for
          reaching an agreement or in an arbitration proceeding as
          required by this subparagraph, or failed to comply with the
          terms of an agreement or arbitration decision concerning
          compensation under this subparagraph, the original data
          submitter shall forfeit the right to compensation for the use
          of the data in support of the application. Notwithstanding
          any other provision of this subchapter, if the Administrator
          determines that an applicant has failed to participate in a
          procedure for reaching an agreement or in an arbitration
          proceeding as required by this subparagraph, or failed to
          comply with the terms of an agreement or arbitration decision
          concerning compensation under this subparagraph, the
          Administrator shall deny the application or cancel the
          registration of the pesticide in support of which the data
          were used without further hearing. Before the Administrator
          takes action under either of the preceding two sentences, the
          Administrator shall furnish to the affected person, by
          certified mail, notice of intent to take action and allow
          fifteen days from the date of delivery of the notice for the
          affected person to respond. If a registration is denied or
          canceled under this subparagraph, the Administrator may make
          such order as the Administrator deems appropriate concerning
          the continued sale and use of existing stocks of such
          pesticide. Registration action by the Administrator shall not
          be delayed pending the fixing of compensation.
            (iv) After expiration of any period of exclusive use and
          any period for which compensation is required for the use of
          an item of data under clauses (i), (ii), and (iii), the
          Administrator may consider such item of data in support of an
          application by any other applicant without the permission of
          the original data submitter and without an offer having been
          received to compensate the original data submitter for the
          use of such item of data.
            (v) The period of exclusive use provided under clause (ii)
          shall not take effect until 1 year after August 3, 1996,
          except where an applicant or registrant is applying for the
          registration of a pesticide containing an active ingredient
          not previously registered.
            (vi) With respect to data submitted after August 3, 1996,
          by an applicant or registrant to support an amendment adding
          a new use to an existing registration that does not retain
          any period of exclusive use, if such data relates solely to a
          minor use of a pesticide, such data shall not, without the
          written permission of the original data submitter, be
          considered by the Administrator to support an application for
          a minor use by another person during the period of 10 years
          following the date of submission of such data. The applicant
          or registrant at the time the new minor use is requested
          shall notify the Administrator that to the best of their
          knowledge the exclusive use period for the pesticide has
          expired and that the data pertaining solely to the minor use
          of a pesticide is eligible for the provisions of this
          paragraph. If the minor use registration which is supported
          by data submitted pursuant to this subsection is voluntarily
          canceled or if such data are subsequently used to support a
          nonminor use, the data shall no longer be subject to the
          exclusive use provisions of this clause but shall instead be
          considered by the Administrator in accordance with the
          provisions of clause (i), as appropriate.

          (G) If the applicant is requesting that the registration or
        amendment to the registration of a pesticide be expedited, an
        explanation of the basis for the request must be submitted, in
        accordance with paragraph (10) of this subsection.
      (2) Data in support of registration
        (A) In general
          The Administrator shall publish guidelines specifying the
        kinds of information which will be required to support the
        registration of a pesticide and shall revise such guidelines
        from time to time. If thereafter the Administrator requires any
        additional kind of information under subparagraph (B) of this
        paragraph, the Administrator shall permit sufficient time for
        applicants to obtain such additional information. The
        Administrator, in establishing standards for data requirements
        for the registration of pesticides with respect to minor uses,
        shall make such standards commensurate with the anticipated
        extent of use, pattern of use, the public health and
        agricultural need for such minor use, and the level and degree
        of potential beneficial or adverse effects on man and the
        environment. The Administrator shall not require a person to
        submit, in relation to a registration or reregistration of a
        pesticide for minor agricultural use under this subchapter, any
        field residue data from a geographic area where the pesticide
        will not be registered for such use. In the development of
        these standards, the Administrator shall consider the economic
        factors of potential national volume of use, extent of
        distribution, and the impact of the cost of meeting the
        requirements on the incentives for any potential registrant to
        undertake the development of the required data. Except as
        provided by section 136h of this title, within 30 days after
        the Administrator registers a pesticide under this subchapter
        the Administrator shall make available to the public the data
        called for in the registration statement together with such
        other scientific information as the Administrator deems
        relevant to the Administrator's decision.
        (B) Additional data
          (i) If the Administrator determines that additional data are
        required to maintain in effect an existing registration of a
        pesticide, the Administrator shall notify all existing
        registrants of the pesticide to which the determination relates
        and provide a list of such registrants to any interested
        person.
          (ii) Each registrant of such pesticide shall provide evidence
        within ninety days after receipt of notification that it is
        taking appropriate steps to secure the additional data that are
        required. Two or more registrants may agree to develop jointly,
        or to share in the cost of developing, such data if they agree
        and advise the Administrator of their intent within ninety days
        after notification. Any registrant who agrees to share in the
        cost of producing the data shall be entitled to examine and
        rely upon such data in support of maintenance of such
        registration. The Administrator shall issue a notice of intent
        to suspend the registration of a pesticide in accordance with
        the procedures prescribed by clause (iv) if a registrant fails
        to comply with this clause.
          (iii) If, at the end of sixty days after advising the
        Administrator of their agreement to develop jointly, or share
        in the cost of developing, data, the registrants have not
        further agreed on the terms of the data development arrangement
        or on a procedure for reaching such agreement, any of such
        registrants may initiate binding arbitration proceedings by
        requesting the Federal Mediation and Conciliation Service to
        appoint an arbitrator from the roster of arbitrators maintained
        by such Service. The procedure and rules of the Service shall
        be applicable to the selection of such arbitrator and to such
        arbitration proceedings, and the findings and determination of
        the arbitrator shall be final and conclusive, and no official
        or court of the United States shall have power or jurisdiction
        to review any such findings and determination, except for
        fraud, misrepresentation, or other misconduct by one of the
        parties to the arbitration or the arbitrator where there is a
        verified complaint with supporting affidavits attesting to
        specific instances of such fraud, misrepresentation, or other
        misconduct. All parties to the arbitration shall share equally
        in the payment of the fee and expenses of the arbitrator. The
        Administrator shall issue a notice of intent to suspend the
        registration of a pesticide in accordance with the procedures
        prescribed by clause (iv) if a registrant fails to comply with
        this clause.
          (iv) Notwithstanding any other provision of this subchapter,
        if the Administrator determines that a registrant, within the
        time required by the Administrator, has failed to take
        appropriate steps to secure the data required under this
        subparagraph, to participate in a procedure for reaching
        agreement concerning a joint data development arrangement under
        this subparagraph or in an arbitration proceeding as required
        by this subparagraph, or to comply with the terms of an
        agreement or arbitration decision concerning a joint data
        development arrangement under this subparagraph, the
        Administrator may issue a notice of intent to suspend such
        registrant's registration of the pesticide for which additional
        data is required. The Administrator may include in the notice
        of intent to suspend such provisions as the Administrator deems
        appropriate concerning the continued sale and use of existing
        stocks of such pesticide. Any suspension proposed under this
        subparagraph shall become final and effective at the end of
        thirty days from receipt by the registrant of the notice of
        intent to suspend, unless during that time a request for
        hearing is made by a person adversely affected by the notice or
        the registrant has satisfied the Administrator that the
        registrant has complied fully with the requirements that served
        as a basis for the notice of intent to suspend. If a hearing is
        requested, a hearing shall be conducted under section 136d(d)
        of this title. The only matters for resolution at that hearing
        shall be whether the registrant has failed to take the action
        that served as the basis for the notice of intent to suspend
        the registration of the pesticide for which additional data is
        required, and whether the Administrator's determination with
        respect to the disposition of existing stocks is consistent
        with this subchapter. If a hearing is held, a decision after
        completion of such hearing shall be final. Notwithstanding any
        other provision of this subchapter, a hearing shall be held and
        a determination made within seventy-five days after receipt of
        a request for such hearing. Any registration suspended under
        this subparagraph shall be reinstated by the Administrator if
        the Administrator determines that the registrant has complied
        fully with the requirements that served as a basis for the
        suspension of the registration.
          (v) Any data submitted under this subparagraph shall be
        subject to the provisions of paragraph (1)(D). Whenever such
        data are submitted jointly by two or more registrants, an agent
        shall be agreed on at the time of the joint submission to
        handle any subsequent data compensation matters for the joint
        submitters of such data.
          (vi) Upon the request of a registrant the Administrator
        shall, in the case of a minor use, extend the deadline for the
        production of residue chemistry data under this subparagraph
        for data required solely to support that minor use until the
        final deadline for submission of data under section 136a-1 of
        this title for the other uses of the pesticide established as
        of August 3, 1996, if - 
            (I) the data to support other uses of the pesticide on a
          food are being provided;
            (II) the registrant, in submitting a request for such an
          extension, provides a schedule, including interim dates to
          measure progress, to assure that the data production will be
          completed before the expiration of the extension period;
            (III) the Administrator has determined that such extension
          will not significantly delay the Administrator's schedule for
          issuing a reregistration eligibility determination required
          under section 136a-1 of this title; and
            (IV) the Administrator has determined that based on
          existing data, such extension would not significantly
          increase the risk of any unreasonable adverse effect on the
          environment. If the Administrator grants an extension under
          this clause, the Administrator shall monitor the development
          of the data and shall ensure that the registrant is meeting
          the schedule for the production of the data. If the
          Administrator determines that the registrant is not meeting
          or has not met the schedule for the production of such data,
          the Administrator may proceed in accordance with clause (iv)
          regarding the continued registration of the affected products
          with the minor use and shall inform the public of such
          action. Notwithstanding the provisions of this clause, the
          Administrator may take action to modify or revoke the
          extension under this clause if the Administrator determines
          that the extension for the minor use may cause an
          unreasonable adverse effect on the environment. In such
          circumstance, the Administrator shall provide, in writing to
          the registrant, a notice revoking the extension of time for
          submission of data. Such data shall instead be due in
          accordance with the date established by the Administrator for
          the submission of the data.

          (vii) If the registrant does not commit to support a specific
        minor use of the pesticide, but is supporting and providing
        data in a timely and adequate fashion to support uses of the
        pesticide on a food, or if all uses of the pesticide are
        nonfood uses and the registrant does not commit to support a
        specific minor use of the pesticide but is supporting and
        providing data in a timely and adequate fashion to support
        other nonfood uses of the pesticide, the Administrator, at the
        written request of the registrant, shall not take any action
        pursuant to this clause in regard to such unsupported minor use
        until the final deadline established as of August 3, 1996, for
        the submission of data under section 136a-1 of this title for
        the supported uses identified pursuant to this clause unless
        the Administrator determines that the absence of the data is
        significant enough to cause human health or environmental
        concerns. On the basis of such determination, the Administrator
        may refuse the request for extension by the registrant. Upon
        receipt of the request from the registrant, the Administrator
        shall publish in the Federal Register a notice of the receipt
        of the request and the effective date upon which the uses not
        being supported will be voluntarily deleted from the
        registration pursuant to section 136d(f)(1) of this title. If
        the Administrator grants an extension under this clause, the
        Administrator shall monitor the development of the data for the
        uses being supported and shall ensure that the registrant is
        meeting the schedule for the production of such data. If the
        Administrator determines that the registrant is not meeting or
        has not met the schedule for the production of such data, the
        Administrator may proceed in accordance with clause (iv) of
        this subparagraph regarding the continued registration of the
        affected products with the minor and other uses and shall
        inform the public of such action in accordance with section
        136d(f)(2) of this title. Notwithstanding the provisions of
        this clause, the Administrator may deny, modify, or revoke the
        temporary extension under this subparagraph if the
        Administrator determines that the continuation of the minor use
        may cause an unreasonable adverse effect on the environment. In
        the event of modification or revocation, the Administrator
        shall provide, in writing, to the registrant a notice revoking
        the temporary extension and establish a new effective date by
        which the minor use shall be deleted from the registration.
          (viii)(I) If data required to support registration of a
        pesticide under subparagraph (A) is requested by a Federal or
        State regulatory authority, the Administrator shall, to the
        extent practicable, coordinate data requirements, test
        protocols, timetables, and standards of review and reduce
        burdens and redundancy caused to the registrant by multiple
        requirements on the registrant.
          (II) The Administrator may enter into a cooperative agreement
        with a State to carry out subclause (I).
          (III) Not later than 1 year after August 3, 1996, the
        Administrator shall develop a process to identify and assist in
        alleviating future disparities between Federal and State data
        requirements.
        (C) Simplified procedures
          Within nine months after September 30, 1978, the
        Administrator shall, by regulation, prescribe simplified
        procedures for the registration of pesticides, which shall
        include the provisions of subparagraph (D) of this paragraph.
        (D) Exemption
          No applicant for registration of a pesticide who proposes to
        purchase a registered pesticide from another producer in order
        to formulate such purchased pesticide into the pesticide that
        is the subject of the application shall be required to - 
            (i) submit or cite data pertaining to such purchased
          product; or
            (ii) offer to pay reasonable compensation otherwise
          required by paragraph (1)(D) of this subsection for the use
          of any such data.
        (E) Minor use waiver
          In handling the registration of a pesticide for a minor use,
        the Administrator may waive otherwise applicable data
        requirements if the Administrator determines that the absence
        of such data will not prevent the Administrator from
        determining - 
            (i) the incremental risk presented by the minor use of the
          pesticide; and
            (ii) that such risk, if any, would not be an unreasonable
          adverse effect on the environment.
      (3) Application
        (A) In general
          The Administrator shall review the data after receipt of the
        application and shall, as expeditiously as possible, either
        register the pesticide in accordance with paragraph (5), or
        notify the applicant of the Administrator's determination that
        it does not comply with the provisions of the subchapter in
        accordance with paragraph (6).
        (B) Identical or substantially similar
          (i) The Administrator shall, as expeditiously as possible,
        review and act on any application received by the Administrator
        that - 
            (I) proposes the initial or amended registration of an end-
          use pesticide that, if registered as proposed, would be
          identical or substantially similar in composition and
          labeling to a currently-registered pesticide identified in
          the application, or that would differ in composition and
          labeling from such currently-registered pesticide only in
          ways that would not significantly increase the risk of
          unreasonable adverse effects on the environment; or
            (II) proposes an amendment to the registration of a
          registered pesticide that does not require scientific review
          of data.

          (ii) In expediting the review of an application for an action
        described in clause (i), the Administrator shall - 
            (I) within 45 days after receiving the application, notify
          the registrant whether or not the application is complete
          and, if the application is found to be incomplete, reject the
          application;
            (II) within 90 days after receiving a complete application,
          notify the registrant if the application has been granted or
          denied; and
            (III) if the application is denied, notify the registrant
          in writing of the specific reasons for the denial of the
          application.
        (C) Minor use registration
          (i) The Administrator shall, as expeditiously as possible,
        review and act on any complete application - 
            (I) that proposes the initial registration of a new
          pesticide active ingredient if the active ingredient is
          proposed to be registered solely for minor uses, or proposes
          a registration amendment solely for minor uses to an existing
          registration; or
            (II) for a registration or a registration amendment that
          proposes significant minor uses.

          (ii) For the purposes of clause (i) - 
            (I) the term "as expeditiously as possible" means that the
          Administrator shall, to the greatest extent practicable,
          complete a review and evaluation of all data, submitted with
          a complete application, within 12 months after the submission
          of the complete application, and the failure of the
          Administrator to complete such a review and evaluation under
          clause (i) shall not be subject to judicial review; and
            (II) the term "significant minor uses" means 3 or more
          minor uses proposed for every nonminor use, a minor use that
          would, in the judgment of the Administrator, serve as a
          replacement for any use which has been canceled in the 5
          years preceding the receipt of the application, or a minor
          use that in the opinion of the Administrator would avoid the
          reissuance of an emergency exemption under section 136p of
          this title for that minor use.
        (D) Adequate time for submission of minor use data
          If a registrant makes a request for a minor use waiver,
        regarding data required by the Administrator, pursuant to
        paragraph (2)(E), and if the Administrator denies in whole or
        in part such data waiver request, the registrant shall have a
        full-time period for providing such data. For purposes of this
        subparagraph, the term "full-time period" means the time period
        originally established by the Administrator for submission of
        such data, beginning with the date of receipt by the registrant
        of the Administrator's notice of denial.
      (4) Notice of application
        The Administrator shall publish in the Federal Register,
      promptly after receipt of the statement and other data required
      pursuant to paragraphs (1) and (2), a notice of each application
      for registration of any pesticide if it contains any new active
      ingredient or if it would entail a changed use pattern. The
      notice shall provide for a period of 30 days in which any Federal
      agency or any other interested person may comment.
      (5) Approval of registration
        The Administrator shall register a pesticide if the
      Administrator determines that, when considered with any
      restrictions imposed under subsection (d) of this section - 
          (A) its composition is such as to warrant the proposed claims
        for it;
          (B) its labeling and other material required to be submitted
        comply with the requirements of this subchapter;
          (C) it will perform its intended function without
        unreasonable adverse effects on the environment; and
          (D) when used in accordance with widespread and commonly
        recognized practice it will not generally cause unreasonable
        adverse effects on the environment.

      The Administrator shall not make any lack of essentiality a
      criterion for denying registration of any pesticide. Where two
      pesticides meet the requirements of this paragraph, one should
      not be registered in preference to the other. In considering an
      application for the registration of a pesticide, the
      Administrator may waive data requirements pertaining to efficacy,
      in which event the Administrator may register the pesticide
      without determining that the pesticide's composition is such as
      to warrant proposed claims of efficacy. If a pesticide is found
      to be efficacious by any State under section 136v(c) of this
      title, a presumption is established that the Administrator shall
      waive data requirements pertaining to efficacy for use of the
      pesticide in such State.
      (6) Denial of registration
        If the Administrator determines that the requirements of
      paragraph (5) for registration are not satisfied, the
      Administrator shall notify the applicant for registration of the
      Administrator's determination and of the Administrator's reasons
      (including the factual basis) therefor, and that, unless the
      applicant corrects the conditions and notifies the Administrator
      thereof during the 30-day period beginning with the day after the
      date on which the applicant receives the notice, the
      Administrator may refuse to register the pesticide. Whenever the
      Administrator refuses to register a pesticide, the Administrator
      shall notify the applicant of the Administrator's decision and of
      the Administrator's reasons (including the factual basis)
      therefor. The Administrator shall promptly publish in the Federal
      Register notice of such denial of registration and the reasons
      therefor. Upon such notification, the applicant for registration
      or other interested person with the concurrence of the applicant
      shall have the same remedies as provided for in section 136d of
      this title.
      (7) Registration under special circumstances
        Notwithstanding the provisions of paragraph (5) - 
          (A) The Administrator may conditionally register or amend the
        registration of a pesticide if the Administrator determines
        that (i) the pesticide and proposed use are identical or
        substantially similar to any currently registered pesticide and
        use thereof, or differ only in ways that would not
        significantly increase the risk of unreasonable adverse effects
        on the environment, and (ii) approving the registration or
        amendment in the manner proposed by the applicant would not
        significantly increase the risk of any unreasonable adverse
        effect on the environment. An applicant seeking conditional
        registration or amended registration under this subparagraph
        shall submit such data as would be required to obtain
        registration of a similar pesticide under paragraph (5). If the
        applicant is unable to submit an item of data because it has
        not yet been generated, the Administrator may register or amend
        the registration of the pesticide under such conditions as will
        require the submission of such data not later than the time
        such data are required to be submitted with respect to similar
        pesticides already registered under this subchapter.
          (B) The Administrator may conditionally amend the
        registration of a pesticide to permit additional uses of such
        pesticide notwithstanding that data concerning the pesticide
        may be insufficient to support an unconditional amendment, if
        the Administrator determines that (i) the applicant has
        submitted satisfactory data pertaining to the proposed
        additional use, and (ii) amending the registration in the
        manner proposed by the applicant would not significantly
        increase the risk of any unreasonable adverse effect on the
        environment. Notwithstanding the foregoing provisions of this
        subparagraph, no registration of a pesticide may be amended to
        permit an additional use of such pesticide if the Administrator
        has issued a notice stating that such pesticide, or any
        ingredient thereof, meets or exceeds risk criteria associated
        in whole or in part with human dietary exposure enumerated in
        regulations issued under this subchapter, and during the
        pendency of any risk-benefit evaluation initiated by such
        notice, if (I) the additional use of such pesticide involves a
        major food or feed crop, or (II) the additional use of such
        pesticide involves a minor food or feed crop and the
        Administrator determines, with the concurrence of the Secretary
        of Agriculture, there is available an effective alternative
        pesticide that does not meet or exceed such risk criteria. An
        applicant seeking amended registration under this subparagraph
        shall submit such data as would be required to obtain
        registration of a similar pesticide under paragraph (5). If the
        applicant is unable to submit an item of data (other than data
        pertaining to the proposed additional use) because it has not
        yet been generated, the Administrator may amend the
        registration under such conditions as will require the
        submission of such data not later than the time such data are
        required to be submitted with respect to similar pesticides
        already registered under this subchapter.
          (C) The Administrator may conditionally register a pesticide
        containing an active ingredient not contained in any currently
        registered pesticide for a period reasonably sufficient for the
        generation and submission of required data (which are lacking
        because a period reasonably sufficient for generation of the
        data has not elapsed since the Administrator first imposed the
        data requirement) on the condition that by the end of such
        period the Administrator receives such data and the data do not
        meet or exceed risk criteria enumerated in regulations issued
        under this subchapter, and on such other conditions as the
        Administrator may prescribe. A conditional registration under
        this subparagraph shall be granted only if the Administrator
        determines that use of the pesticide during such period will
        not cause any unreasonable adverse effect on the environment,
        and that use of the pesticide is in the public interest.
      (8) Interim administrative review
        Notwithstanding any other provision of this subchapter, the
      Administrator may not initiate a public interim administrative
      review process to develop a risk-benefit evaluation of the
      ingredients of a pesticide or any of its uses prior to initiating
      a formal action to cancel, suspend, or deny registration of such
      pesticide, required under this subchapter, unless such interim
      administrative process is based on a validated test or other
      significant evidence raising prudent concerns of unreasonable
      adverse risk to man or to the environment. Notice of the
      definition of the terms "validated test" and "other significant
      evidence" as used herein shall be published by the Administrator
      in the Federal Register.
      (9) Labeling
        (A) Additional statements
          Subject to subparagraphs (B) and (C), it shall not be a
        violation of this subchapter for a registrant to modify the
        labeling of an antimicrobial pesticide product to include
        relevant information on product efficacy, product composition,
        container composition or design, or other characteristics that
        do not relate to any pesticidal claim or pesticidal activity.
        (B) Requirements
          Proposed labeling information under subparagraph (A) shall
        not be false or misleading, shall not conflict with or detract
        from any statement required by law or the Administrator as a
        condition of registration, and shall be substantiated on the
        request of the Administrator.
        (C) Notification and disapproval
          (i) Notification
            A registration may be modified under subparagraph (A) if - 
              (I) the registrant notifies the Administrator in writing
            not later than 60 days prior to distribution or sale of a
            product bearing the modified labeling; and
              (II) the Administrator does not disapprove of the
            modification under clause (ii).
          (ii) Disapproval
            Not later than 30 days after receipt of a notification
          under clause (i), the Administrator may disapprove the
          modification by sending the registrant notification in
          writing stating that the proposed language is not acceptable
          and stating the reasons why the Administrator finds the
          proposed modification unacceptable.
          (iii) Restriction on sale
            A registrant may not sell or distribute a product bearing a
          disapproved modification.
          (iv) Objection
            A registrant may file an objection in writing to a
          disapproval under clause (ii) not later than 30 days after
          receipt of notification of the disapproval.
          (v) Final action
            A decision by the Administrator following receipt and
          consideration of an objection filed under clause (iv) shall
          be considered a final agency action.
        (D) Use dilution
          The label or labeling required under this subchapter for an
        antimicrobial pesticide that is or may be diluted for use may
        have a different statement of caution or protective measures
        for use of the recommended diluted solution of the pesticide
        than for use of a concentrate of the pesticide if the
        Administrator determines that - 
            (i) adequate data have been submitted to support the
          statement proposed for the diluted solution uses; and
            (ii) the label or labeling provides adequate protection for
          exposure to the diluted solution of the pesticide.
      (10) Expedited registration of pesticides
        (A) Not later than 1 year after August 3, 1996, the
      Administrator shall, utilizing public comment, develop procedures
      and guidelines, and expedite the review of an application for
      registration of a pesticide or an amendment to a registration
      that satisfies such guidelines.
        (B) Any application for registration or an amendment, including
      biological and conventional pesticides, will be considered for
      expedited review under this paragraph. An application for
      registration or an amendment shall qualify for expedited review
      if use of the pesticide proposed by the application may
      reasonably be expected to accomplish 1 or more of the following:
          (i) Reduce the risks of pesticides to human health.
          (ii) Reduce the risks of pesticides to nontarget organisms.
          (iii) Reduce the potential for contamination of groundwater,
        surface water, or other valued environmental resources.
          (iv) Broaden the adoption of integrated pest management
        strategies, or make such strategies more available or more
        effective.

        (C) The Administrator, not later than 30 days after receipt of
      an application for expedited review, shall notify the applicant
      whether the application is complete. If it is found to be
      incomplete, the Administrator may either reject the request for
      expedited review or ask the applicant for additional information
      to satisfy the guidelines developed under subparagraph (A).
    (d) Classification of pesticides
      (1) Classification for general use, restricted use, or both
        (A) As a part of the registration of a pesticide the
      Administrator shall classify it as being for general use or for
      restricted use. If the Administrator determines that some of the
      uses for which the pesticide is registered should be for general
      use and that other uses for which it is registered should be for
      restricted use, the Administrator shall classify it for both
      general use and restricted use. Pesticide uses may be classified
      by regulation on the initial classification, and registered
      pesticides may be classified prior to reregistration. If some of
      the uses of the pesticide are classified for general use, and
      other uses are classified for restricted use, the directions
      relating to its general uses shall be clearly separated and
      distinguished from those directions relating to its restricted
      uses. The Administrator may require that its packaging and
      labeling for restricted uses shall be clearly distinguishable
      from its packaging and labeling for general uses.
        (B) If the Administrator determines that the pesticide, when
      applied in accordance with its directions for use, warnings and
      cautions and for the uses for which it is registered, or for one
      or more of such uses, or in accordance with a widespread and
      commonly recognized practice, will not generally cause
      unreasonable adverse effects on the environment, the
      Administrator will classify the pesticide, or the particular use
      or uses of the pesticide to which the determination applies, for
      general use.
        (C) If the Administrator determines that the pesticide, when
      applied in accordance with its directions for use, warnings and
      cautions and for the uses for which it is registered, or for one
      or more of such uses, or in accordance with a widespread and
      commonly recognized practice, may generally cause, without
      additional regulatory restrictions, unreasonable adverse effects
      on the environment, including injury to the applicator, the
      Administrator shall classify the pesticide, or the particular use
      or uses to which the determination applies, for restricted use:
          (i) If the Administrator classifies a pesticide, or one or
        more uses of such pesticide, for restricted use because of a
        determination that the acute dermal or inhalation toxicity of
        the pesticide presents a hazard to the applicator or other
        persons, the pesticide shall be applied for any use to which
        the restricted classification applies only by or under the
        direct supervision of a certified applicator.
          (ii) If the Administrator classifies a pesticide, or one or
        more uses of such pesticide, for restricted use because of a
        determination that its use without additional regulatory
        restriction may cause unreasonable adverse effects on the
        environment, the pesticide shall be applied for any use to
        which the determination applies only by or under the direct
        supervision of a certified applicator, or subject to such other
        restrictions as the Administrator may provide by regulation.
        Any such regulation shall be reviewable in the appropriate
        court of appeals upon petition of a person adversely affected
        filed within 60 days of the publication of the regulation in
        final form.
      (2) Change in classification
        If the Administrator determines that a change in the
      classification of any use of a pesticide from general use to
      restricted use is necessary to prevent unreasonable adverse
      effects on the environment, the Administrator shall notify the
      registrant of such pesticide of such determination at least forty-
      five days before making the change and shall publish the
      proposed change in the Federal Register. The registrant, or other
      interested person with the concurrence of the registrant, may
      seek relief from such determination under section 136d(b) of this
      title.
      (3) Change in classification from restricted use to general use
        The registrant of any pesticide with one or more uses
      classified for restricted use may petition the Administrator to
      change any such classification from restricted to general use.
      Such petition shall set out the basis for the registrant's
      position that restricted use classification is unnecessary
      because classification of the pesticide for general use would not
      cause unreasonable adverse effects on the environment. The
      Administrator, within sixty days after receiving such petition,
      shall notify the registrant whether the petition has been granted
      or denied. Any denial shall contain an explanation therefor and
      any such denial shall be subject to judicial review under section
      136n of this title.
    (e) Products with same formulation and claims
      Products which have the same formulation, are manufactured by the
    same person, the labeling of which contains the same claims, and
    the labels of which bear a designation identifying the product as
    the same pesticide may be registered as a single pesticide; and
    additional names and labels shall be added to the registration by
    supplemental statements.
    (f) Miscellaneous
      (1) Effect of change of labeling or formulation
        If the labeling or formulation for a pesticide is changed, the
      registration shall be amended to reflect such change if the
      Administrator determines that the change will not violate any
      provision of this subchapter.
      (2) Registration not a defense
        In no event shall registration of an article be construed as a
      defense for the commission of any offense under this subchapter.
      As long as no cancellation proceedings are in effect registration
      of a pesticide shall be prima facie evidence that the pesticide,
      its labeling and packaging comply with the registration
      provisions of the subchapter.
      (3) Authority to consult other Federal agencies
        In connection with consideration of any registration or
      application for registration under this section, the
      Administrator may consult with any other Federal agency.
      (4) Mixtures of nitrogen stabilizers and fertilizer products
        Any mixture or other combination of - 
          (A) 1 or more nitrogen stabilizers registered under this
        subchapter; and
          (B) 1 or more fertilizer products,

      shall not be subject to the provisions of this section or
      sections 136a-1, 136c, 136e, 136m, and 136o(a)(2) of this title
      if the mixture or other combination is accompanied by the
      labeling required under this subchapter for the nitrogen
      stabilizer contained in the mixture or other combination, the
      mixture or combination is mixed or combined in accordance with
      such labeling, and the mixture or combination does not contain
      any active ingredient other than the nitrogen stabilizer.
    (g) Registration review
      (1) General rule
        (A) Periodic review
          The registrations of pesticides are to be periodically
        reviewed. The Administrator shall by regulation establish a
        procedure for accomplishing the periodic review of
        registrations. The goal of these regulations shall be a review
        of a pesticide's registration every 15 years. No registration
        shall be canceled as a result of the registration review
        process unless the Administrator follows the procedures and
        substantive requirements of section 136d of this title.
        (B) Limitation
          Nothing in this subsection shall prohibit the Administrator
        from undertaking any other review of a pesticide pursuant to
        this subchapter.
      (2) Data
        (A) Submission required
          The Administrator shall use the authority in subsection
        (c)(2)(B) of this section to require the submission of data
        when such data are necessary for a registration review.
        (B) Data submission, compensation, and exemption
          For purposes of this subsection, the provisions of
        subsections (c)(1), (c)(2)(B), and (c)(2)(D) of this section
        shall be utilized for and be applicable to any data required
        for registration review.
    (h) Registration requirements for antimicrobial pesticides
      (1) Evaluation of process
        To the maximum extent practicable consistent with the degrees
      of risk presented by an antimicrobial pesticide and the type of
      review appropriate to evaluate the risks, the Administrator shall
      identify and evaluate reforms to the antimicrobial registration
      process that would reduce review periods existing as of August 3,
      1996, for antimicrobial pesticide product registration
      applications and applications for amended registration of
      antimicrobial pesticide products, including - 
          (A) new antimicrobial active ingredients;
          (B) new antimicrobial end-use products;
          (C) substantially similar or identical antimicrobial
        pesticides; and
          (D) amendments to antimicrobial pesticide registrations.
      (2) Review time period reduction goal
        Each reform identified under paragraph (1) shall be designed to
      achieve the goal of reducing the review period following
      submission of a complete application, consistent with the degree
      of risk, to a period of not more than - 
          (A) 540 days for a new antimicrobial active ingredient
        pesticide registration;
          (B) 270 days for a new antimicrobial use of a registered
        active ingredient;
          (C) 120 days for any other new antimicrobial product;
          (D) 90 days for a substantially similar or identical
        antimicrobial product;
          (E) 90 days for an amendment to an antimicrobial registration
        that does not require scientific review of data; and
          (F) 120 days for an amendment to an antimicrobial
        registration that requires scientific review of data and that
        is not otherwise described in this paragraph.
      (3) Implementation
        (A) Proposed rulemaking
          (i) Issuance
            Not later than 270 days after August 3, 1996, the
          Administrator shall publish in the Federal Register proposed
          regulations to accelerate and improve the review of
          antimicrobial pesticide products designed to implement, to
          the extent practicable, the goals set forth in paragraph (2).
          (ii) Requirements
            Proposed regulations issued under clause (i) shall - 
              (I) define the various classes of antimicrobial use
            patterns, including household, industrial, and
            institutional disinfectants and sanitizing pesticides,
            preservatives, water treatment, and pulp and paper mill
            additives, and other such products intended to disinfect,
            sanitize, reduce, or mitigate growth or development of
            microbiological organisms, or protect inanimate objects,
            industrial processes or systems, surfaces, water, or other
            chemical substances from contamination, fouling, or
            deterioration caused by bacteria, viruses, fungi, protozoa,
            algae, or slime;
              (II) differentiate the types of review undertaken for
            antimicrobial pesticides;
              (III) conform the degree and type of review to the risks
            and benefits presented by antimicrobial pesticides and the
            function of review under this subchapter, considering the
            use patterns of the product, toxicity, expected exposure,
            and product type;
              (IV) ensure that the registration process is sufficient
            to maintain antimicrobial pesticide efficacy and that
            antimicrobial pesticide products continue to meet product
            performance standards and effectiveness levels for each
            type of label claim made; and
              (V) implement effective and reliable deadlines for
            process management.
          (iii) Comments
            In developing the proposed regulations, the Administrator
          shall solicit the views from registrants and other affected
          parties to maximize the effectiveness of the rule development
          process.
        (B) Final regulations
          (i) Issuance
            The Administrator shall issue final regulations not later
          than 240 days after the close of the comment period for the
          proposed regulations.
          (ii) Failure to meet goal
            If a goal described in paragraph (2) is not met by the
          final regulations, the Administrator shall identify the goal,
          explain why the goal was not attained, describe the element
          of the regulations included instead, and identify future
          steps to attain the goal.
          (iii) Requirements
            In issuing final regulations, the Administrator shall - 
              (I) consider the establishment of a certification process
            for regulatory actions involving risks that can be
            responsibly managed, consistent with the degree of risk, in
            the most cost-efficient manner;
              (II) consider the establishment of a certification
            process by approved laboratories as an adjunct to the
            review process;
              (III) use all appropriate and cost-effective review
            mechanisms, including - 
                (aa) expanded use of notification and non-notification
              procedures;
                (bb) revised procedures for application review; and
                (cc) allocation of appropriate resources to ensure
              streamlined management of antimicrobial pesticide
              registrations; and

              (IV) clarify criteria for determination of the
            completeness of an application.
        (C) Expedited review
          This subsection does not affect the requirements or extend
        the deadlines or review periods contained in subsection (c)(3)
        of this section.
        (D) Alternative review periods
          If the final regulations to carry out this paragraph are not
        effective 630 days after August 3, 1996, until the final
        regulations become effective, the review period, beginning on
        the date of receipt by the Agency of a complete application,
        shall be - 
            (i) 2 years for a new antimicrobial active ingredient
          pesticide registration;
            (ii) 1 year for a new antimicrobial use of a registered
          active ingredient;
            (iii) 180 days for any other new antimicrobial product;
            (iv) 90 days for a substantially similar or identical
          antimicrobial product;
            (v) 90 days for an amendment to an antimicrobial
          registration that does not require scientific review of data;
          and
            (vi) 120 days for an amendment to an antimicrobial
          registration that requires scientific review of data and that
          is not otherwise described in this subparagraph.
        (E) Wood preservatives
          An application for the registration, or for an amendment to
        the registration, of a wood preservative product for which a
        claim of pesticidal activity listed in section 136(mm) of this
        title is made (regardless of any other pesticidal claim that is
        made with respect to the product) shall be reviewed by the
        Administrator within the same period as that established under
        this paragraph for an antimicrobial pesticide product
        application, consistent with the degree of risk posed by the
        use of the wood preservative product, if the application
        requires the applicant to satisfy the same data requirements as
        are required to support an application for a wood preservative
        product that is an antimicrobial pesticide.
        (F) Notification
          (i) In general
            Subject to clause (iii), the Administrator shall notify an
          applicant whether an application has been granted or denied
          not later than the final day of the appropriate review period
          under this paragraph, unless the applicant and the
          Administrator agree to a later date.
          (ii) Final decision
            If the Administrator fails to notify an applicant within
          the period of time required under clause (i), the failure
          shall be considered an agency action unlawfully withheld or
          unreasonably delayed for purposes of judicial review under
          chapter 7 of title 5.
          (iii) Exemption
            This subparagraph does not apply to an application for an
          antimicrobial pesticide that is filed under subsection
          (c)(3)(B) of this section prior to 90 days after August 3,
          1996.
          (iv) Limitation
            Notwithstanding clause (ii), the failure of the
          Administrator to notify an applicant for an amendment to a
          registration for an antimicrobial pesticide shall not be
          judicially reviewable in a Federal or State court if the
          amendment requires scientific review of data within - 
              (I) the time period specified in subparagraph (D)(vi), in
            the absence of a final regulation under subparagraph (B);
            or
              (II) the time period specified in paragraph (2)(F), if
            adopted in a final regulation under subparagraph (B).
      (4) Annual report
        (A) Submission
          Beginning on August 3, 1996, and ending on the date that the
        goals under paragraph (2) are achieved, the Administrator
        shall, not later than March 1 of each year, prepare and submit
        an annual report to the Committee on Agriculture of the House
        of Representatives and the Committee on Agriculture, Nutrition,
        and Forestry of the Senate.
        (B) Requirements
          A report submitted under subparagraph (A) shall include a
        description of - 
            (i) measures taken to reduce the backlog of pending
          registration applications;
            (ii) progress toward achieving reforms under this
          subsection; and
            (iii) recommendations to improve the activities of the
          Agency pertaining to antimicrobial registrations.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 3, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 979; amended Pub. L. 94-140, Sec. 12, Nov.
    28, 1975, 89 Stat. 755; Pub. L. 95-396, Secs. 2(a), 3-8, Sept. 30,
    1978, 92 Stat. 820, 824-827; Pub. L. 100-532, title I, Secs.
    102(b), 103, title VI, Sec. 601(b)(1), title VIII, Sec. 801(b),
    Oct. 25, 1988, 102 Stat. 2667, 2677, 2680; Pub. L. 101-624, title
    XIV, Sec. 1492, Nov. 28, 1990, 104 Stat. 3628; Pub. L. 102-237,
    title X, Sec. 1006(a)(3), (b)(1), (2), (c), Dec. 13, 1991, 105
    Stat. 1894-1896; Pub. L. 104-170, title I, Secs. 105(b), 106(b),
    title II, Secs. 210(b), (c)(1), (d), (e), (f)(2), 222-224, 231,
    250, Aug. 3, 1996, 110 Stat. 1491, 1494-1497, 1499, 1503, 1504,
    1508, 1510; Pub. L. 108-199, div. G, title V, Sec. 501(b), Jan. 23,
    2004, 118 Stat. 419.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3 of act June 25, 1947, was classified to section
    135a of this title prior to amendment of act June 25, 1947, by Pub.
    L. 92-516.

                                AMENDMENTS                            
      2004 - Subsec. (h)(2)(F). Pub. L. 108-199, Sec. 501(b)(1),
    substituted "120 days" for "90 to 180 days".
      Subsec. (h)(3)(D)(vi). Pub. L. 108-199, Sec. 501(b)(2)(A),
    substituted "120 days" for "240 days".
      Subsec. (h)(3)(F)(iv). Pub. L. 108-199, Sec. 501(b)(2)(B), added
    cl. (iv).
      1996 - Subsec. (c)(1)(F)(ii) to (vi). Pub. L. 104-170, Sec.
    210(b), added cls. (ii), (v), and (vi), redesignated former cls.
    (ii) and (iii) as (iii) and (iv), respectively, and in cl. (iv)
    substituted "(i), (ii), and (iii)" for "(i) and (ii)".
      Subsec. (c)(1)(G). Pub. L. 104-170, Sec. 250(1), added subpar.
    (G).
      Subsec. (c)(2)(A). Pub. L. 104-170, Secs. 210(d)(1), 231,
    inserted heading, inserted "the public health and agricultural need
    for such minor use," after "pattern of use,", and substituted
    "potential beneficial or adverse effects on man and the
    environment" for "potential exposure of man and the environment to
    the pesticide".
      Subsec. (c)(2)(B). Pub. L. 104-170, Sec. 210(d)(2), inserted
    heading.
      Subsec. (c)(2)(B)(vi). Pub. L. 104-170, Sec. 210(c)(1), added cl.
    (vi).
      Subsec. (c)(2)(B)(vii). Pub. L. 104-170, Sec. 210(f)(2), added
    cl. (vii).
      Subsec. (c)(2)(B)(viii). Pub. L. 104-170, Sec. 222, added cl.
    (viii).
      Subsec. (c)(2)(C). Pub. L. 104-170, Sec. 210(d)(3), inserted
    heading.
      Subsec. (c)(2)(E). Pub. L. 104-170, Sec. 210(d)(4), added subpar.
    (E).
      Subsec. (c)(3)(A), (B). Pub. L. 104-170, Sec. 210(e)(1), (2),
    inserted headings.
      Subsec. (c)(3)(C), (D). Pub. L. 104-170, Sec. 210(e)(3), added
    subpars. (C) and (D).
      Subsec. (c)(9). Pub. L. 104-170, Sec. 223, added par. (9).
      Subsec. (c)(10). Pub. L. 104-170, Sec. 250(2), added par. (10).
      Subsec. (f)(4). Pub. L. 104-170, Sec. 105(b), added par. (4).
      Subsec. (g). Pub. L. 104-170, Sec. 106(b), added subsec. (g).
      Subsec. (h). Pub. L. 104-170, Sec. 224, added subsec. (h).
      1991 - Subsec. (c)(1)(D). Pub. L. 102-237, Sec. 1006(a)(3)(B),
    (C), added subpar. (D) and redesignated former subpar. (D) as (F).
      Subsec. (c)(1)(E). Pub. L. 102-237, Sec. 1006(a)(3)(A), (C),
    added subpar. (E) and struck out former subpar. (E) which read as
    follows: "the complete formula of the pesticide; and".
      Subsec. (c)(1)(F). Pub. L. 102-237, Sec. 1006(a)(3)(A), (B), (D),
    redesignated former subpar. (D) as (F), in cl. (i) substituted
    "With" for "with" and a period for semicolon at end, in cl. (ii)
    substituted "Except" for "except" and a period for semicolon at
    end, in cl. (iii) substituted "After" for "after" and a period for
    semicolon at end, and struck out former subpar. (F) which read as
    follows: "a request that the pesticide be classified for general
    use, for restricted use, or for both."
      Subsec. (c)(2)(A). Pub. L. 102-237, Sec. 1006(b)(1), (2),
    substituted "the Administrator" for "he" before "requires", "shall
    permit", "shall make", and "deems", and substituted "the
    Administrator's" for "his".
      Subsec. (c)(2)(D). Pub. L. 102-237, Sec. 1006(c), clarified
    amendment made by Pub. L. 100-532, Sec. 102(b)(2)(A). See 1988
    Amendment note below.
      Subsec. (c)(3)(A). 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. (c)(6). Pub. L. 102-237, Sec. 1006(b)(1), (2),
    substituted "the Administrator" for "he" before "shall notify" in
    two places and "the Administrator's" for "his" in four places.
      Subsec. (d)(1). Pub. L. 102-237, Sec. 1006(b)(1), substituted
    "the Administrator" for "he" before "shall classify it for both" in
    subpar. (A), before "will classify" in subpar. (B), and before
    "shall classify" in subpar. (C).
      Subsec. (d)(2). Pub. L. 102-237, Sec. 1006(b)(1), substituted
    "the Administrator" for "he" before "shall notify".
      1990 - Subsec. (c)(2)(A). Pub. L. 101-624 inserted after third
    sentence "The Administrator shall not require a person to submit,
    in relation to a registration or reregistration of a pesticide for
    minor agricultural use under this subchapter, any field residue
    data from a geographic area where the pesticide will not be
    registered for such use."
      1988 - Subsec. (a). Pub. L. 100-532, Sec. 601(b)(1), substituted
    "Requirement of registration" for "Requirement" in heading and
    amended text generally. Prior to amendment, text read as follows:
    "Except as otherwise provided by this subchapter, no person in any
    State may 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 any pesticide which is not
    registered with the Administrator."
      Subsec. (c)(1)(D). Pub. L. 100-532, Sec. 801(b)(1)-(4), in
    introductory provisions, substituted "paragraph (2)(D)" for
    "subsection (c)(2)(D) of this section", in cl. (i), substituted
    "(i) with" for "(i) With" and ", except that" for ": Provided,
    That", in cl. (ii), substituted "clause (i)" for "subparagraph
    (D)(i) of this paragraph", and in cl. (iii), substituted "clauses
    (i) and (ii)" for "subparagraphs (D)(i) and (D)(ii) of this
    paragraph".
      Subsec. (c)(2)(A). Pub. L. 100-532, Sec. 801(b)(5)(A), (B),
    substituted "(2) Data in support of registration. - 
        "(A) The"
    for "(2)(A) Data in support of registration. - The", and directed
    that subpar. (A) be aligned with left margin of subsec. (d)(1)(A)
    of this section.
      Subsec. (c)(2)(B). Pub. L. 100-532, Secs. 102(b)(1), 801(b)(5)(C)-
    (F), substituted "(B)(i) If" for "(B) Additional data to support
    existing registration. - (i) If", directed that cls. (ii) to (v) be
    aligned with left margin of subpar. (A), in cls. (ii) and (iii),
    inserted "The Administrator shall issue a notice of intent to
    suspend the registration of a pesticide in accordance with the
    procedures prescribed by clause (iv) if a registrant fails to
    comply with this clause.", in cl. (iv), substituted "title. The
    only" for "title: Provided, that the only", and in cl. (v),
    substituted "paragraph (1)(D)" for "subsection (c)(1)(D) of this
    section".
      Subsec. (c)(2)(C). Pub. L. 100-532, Sec. 801(b)(5)(G), (H),
    struck out "Simplified procedures" after "(C)" and directed that
    text be aligned with left margin of subpar. (A).
      Subsec. (c)(2)(D). Pub. L. 100-532, Sec. 102(b)(2)(A), and Pub.
    L. 102-237, Sec. 1006(c), substituted "the pesticide that is the
    subject of the application" for "an end-use product".
      Subsec. (c)(2)(D)(i). Pub. L. 100-532, Sec. 102(b)(2)(B), struck
    out "the safety of" after "data pertaining to".
      Subsec. (c)(3). Pub. L. 100-532, Sec. 103, substituted "(A) The
    Administrator" for "The Administrator" and added subpar. (B).
      Subsec. (c)(7). Pub. L. 100-532, Sec. 801(b)(6), in introductory
    provisions, substituted "paragraph (5)" for "subsection (c)(5) of
    this section", in subpars. (A) and (B), substituted "paragraph (5).
    If" for "subsection (c)(5) of this section: Provided, That, if",
    and in subpar. (C), substituted "prescribe. A" for "prescribe:
    Provided, that a".
      Subsec. (d)(1)(A). Pub. L. 100-532, Sec. 801(b)(7), substituted
    "restricted use. If" for "restricted use, provided that if" and
    "restricted uses. The Administrator" for "restricted uses:
    Provided, however, That the Administrator".
      Subsec. (f)(2). Pub. L. 100-532, Sec. 801(b)(8), substituted
    "this subchapter. As" for "this subchapter: Provided, That as".
      Subsec. (g). Pub. L. 100-532, Sec. 801(b)(9), struck out subsec.
    (g) which read as follows: "The Administrator shall accomplish the
    reregistration of all pesticides in the most expeditious manner
    practicable: Provided, That, to the extent appropriate, any
    pesticide that results in a postharvest residue in or on food or
    feed crops shall be given priority in the reregistration process."
      1978 - Subsec. (c)(1)(D). Pub. L. 95-396, Sec. 2(a)(1), added
    subpar. (D), and struck out provisions which required the applicant
    for registration of a pesticide to file with the Administrator a
    statement containing "if requested by the Administrator, a full
    description of the tests made and the results thereof upon which
    the claims are based, except that data submitted on or after
    January 1, 1970, in support of an application shall not, without
    permission of the applicant, be considered by the Administrator in
    support of any other application for registration unless such other
    applicant shall have first offered to pay reasonable compensation
    for producing the test data to be relied upon and such data is not
    protected from disclosure by section 136h(b) of this title. This
    provision with regard to compensation for producing the test data
    to be relied upon shall apply with respect to all applications for
    registration or reregistration submitted on or after October 21,
    1972. If the parties cannot agree on the amount and method of
    payment, the Administrator shall make such determination and may
    fix such other terms and conditions as may be reasonable under the
    circumstances. The Administrator's determination shall be made on
    the record after notice and opportunity for hearing. If either
    party does not agree with said determination, he may, within thirty
    days, take an appeal to the Federal district court for the district
    in which he resides with respect to either the amount of the
    payment or the terms of payment, or both. Registration shall not be
    delayed pending the determination of reasonable compensation
    between the applicants, by the Administrator or by the court.".
      Subsec. (c)(2). Pub. L. 95-396, Secs. 2(a)(2)(A)-(D), 3, 4,
    designated existing provisions as subpar. (A), inserted in second
    sentence "under subparagraph (B) of this paragraph" after "kind of
    information", struck out from introductory text of third sentence
    "subsection (c)(1)(D) of this section and" after "Except as
    provided by", and inserted provisions relating to establishment of
    standards for data requirements for registration of pesticides with
    respect to minor uses and consideration of economic factors in
    development of standards and cost of development, and added
    subpars. (B) to (D).
      Subsec. (c)(5). Pub. L. 95-396, Sec. 5, provided for waiver of
    data requirements pertaining to efficacy.
      Subsec. (c)(7), (8). Pub. L. 95-396, Sec. 6, added pars. (7) and
    (8).
      Subsec. (d)(1)(A). Pub. L. 95-396, Sec. 7(1), authorized
    classification of pesticide uses by regulation on the initial
    classification and registered pesticides prior to reregistration.
      Subsec. (d)(2). Pub. L. 95-396, Sec. 7(2), substituted "forty-
    five days" for "30 days".
      Subsec. (d)(3). Pub. L. 95-396, Sec. 7(3), added par. (3).
      Subsec. (g). Pub. L. 95-396, Sec. 8, added subsec. (g).
      1975 - Subsec. (c)(1)(D). Pub. L. 94-140 inserted exception
    relating to test data submitted on or after January 1, 1970, in
    support of application, inserted provision that compensation for
    producing test data shall apply to all applications submitted on or
    after October 21, 1972, and provision relating to delay of
    registration pending determination of reasonable compensation,
    struck out requirement that payment determined by court not be less
    than amount determined by Administrator, and substituted "If either
    party" for "If the owner of the test data".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-199, div. G, title V, Sec. 501(h), Jan. 23, 2004, 118
    Stat. 434, provided that: "Except as otherwise provided in this
    section [enacting section 136w-8 of this title, amending this
    section and sections 136a-1, 136x, and 136y of this title, and
    enacting provisions set out as notes under sections 136 of this
    title and section 346a of Title 21, Food and Drugs] and the
    amendments made by this section, this section and the amendments
    made by this section take effect on the date that is 60 days after
    the date of enactment of this Act [Jan. 23, 2004]."

                     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 2(b) of Pub. L. 95-396 provided that: "The amendment to
    section 3(c)(1)(D) of the Federal Insecticide, Fungicide, and
    Rodenticide Act [subsec. (c)(1)(D) of this section] made by
    [subsec. (a)(1) of] this section shall apply with respect to all
    applications for registration approved 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.

                    BIOLOGICAL PESTICIDE HANDLING STUDY                
      Section 1498 of Pub. L. 101-624 provided that:
      "(a) Study. - Not later than September 30, 1992, the National
    Academy of Sciences shall conduct a study of the biological control
    programs and registration procedures utilized by the Food and Drug
    Administration, the Animal and Plant Health Inspection Service, and
    the Environmental Protection Agency.
      "(b) Development of Procedures. - Not later than 1 year after the
    completion of the study under subsection (a), the agencies and
    offices described in such subsection shall develop and implement a
    common process for reviewing and approving biological control
    applications that are submitted to such agencies and offices that
    shall be based on the study conducted under such subsection and the
    recommendation of the National Academy of Sciences, and other
    public comment."

                       EDUCATION, STUDY, AND REPORT                   
      Pub. L. 100-478, title I, Sec. 1010, Oct. 7, 1988, 102 Stat.
    2313, provided that:
      "(a) Education. - The Administrator of the Environmental
    Protection Agency in cooperation with the Secretary of Agriculture
    and the Secretary of the Interior, promptly upon enactment of this
    Act [Oct. 7, 1988], shall conduct a program to inform and educate
    fully persons engaged in agricultural food and fiber commodity
    production of any proposed pesticide labeling program or
    requirements that may be imposed by the Administrator in compliance
    with the Endangered Species Act (16 U.S.C. 1531 et seq.). The
    Administrator also shall provide the public with notice of, and
    opportunity for comment on, the elements of any such program and
    requirements based on compliance with the Endangered Species Act,
    including (but not limited to) an identification of any pesticides
    affected by the program; an explanation of the restriction or
    prohibition on the user or applicator of any such pesticide; an
    identification of those geographic areas affected by any pesticide
    restriction or prohibition; an identification of the effects of any
    restricted or prohibited pesticide on endangered or threatened
    species; and an identification of the endangered or threatened
    species along with a general description of the geographic areas in
    which such species are located wherein the application of a
    pesticide will be restricted, prohibited, or its use otherwise
    limited, unless the Secretary of the Interior determines that the
    disclosure of such information may create a substantial risk of
    harm to such species or its habitat.
      "(b) Study. - The Administrator of the Environmental Protection
    Agency, jointly with the Secretary of Agriculture and the Secretary
    of the Interior, shall conduct a study to identify reasonable and
    prudent means available to the Administrator to implement the
    endangered species pesticides labeling program which would comply
    with the Endangered Species Act of 1973, as amended, and which
    would allow persons to continue production of agricultural food and
    fiber commodities. Such study shall include investigation by the
    Administrator of the best available methods to develop maps and the
    best available alternatives to mapping as means of identifying
    those circumstances in which use of pesticides may be restricted;
    identification of alternatives to prohibitions on pesticide use,
    including, but not limited to, alternative pesticides and
    application methods and other agricultural practices which can be
    used in lieu of any pesticides whose use may be restricted by the
    labeling program; examination of methods to improve coordination
    among the Environmental Protection Agency, Department of
    Agriculture, and Department of the Interior in administration of
    the labeling program; and analysis of the means of implementing the
    endangered species pesticides labeling program or alternatives to
    such a program, if any, to promote the conservation of endangered
    or threatened species and to minimize the impacts to persons
    engaged in agricultural food and fiber commodity production and
    other affected pesticide users and applicators.
      "(c) Report. - The Administrator of the Environmental Protection
    Agency in cooperation with the Secretary of Agriculture and the
    Secretary of the Interior shall submit a report within one year of
    the date of enactment of this Act [Oct. 7, 1988], presenting the
    results of the study conducted pursuant to subsection (b) of this
    section to the Committee on Merchant Marine and Fisheries and the
    Committee on Agriculture of the United States House of
    Representatives, and the Committee on Environment and Public Works
    and the Committee on Agriculture, Nutrition, and Forestry of the
    United States Senate."

-End-



-CITE-
    7 USC Sec. 136a-1                                           01/03/2007

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

-HEAD-
    Sec. 136a-1. Reregistration of registered pesticides

-STATUTE-
    (a) General rule
      The Administrator shall reregister, in accordance with this
    section, each registered pesticide containing any active ingredient
    contained in any pesticide first registered before November 1,
    1984, except for any pesticide as to which the Administrator has
    determined, after November 1, 1984, and before the effective date
    of this section, that - 
        (1) there are no outstanding data requirements; and
        (2) the requirements of section 136a(c)(5) of this title have
      been satisfied.
    (b) Reregistration phases
      Reregistrations of pesticides under this section shall be carried
    out in the following phases:
        (1) The first phase shall include the listing under subsection
      (c) of this section of the active ingredients of the pesticides
      that will be reregistered.
        (2) The second phase shall include the submission to the
      Administrator under subsection (d) of this section of notices by
      registrants respecting their intention to seek reregistration,
      identification by registrants of missing and inadequate data for
      such pesticides, and commitments by registrants to replace such
      missing or inadequate data within the applicable time period.
        (3) The third phase shall include submission to the
      Administrator by registrants of the information required under
      subsection (e) of this section.
        (4) The fourth phase shall include an independent, initial
      review by the Administrator under subsection (f) of this section
      of submissions under phases two and three, identification of
      outstanding data requirements, and the issuance, as necessary, of
      requests for additional data.
        (5) The fifth phase shall include the review by the
      Administrator under subsection (g) of this section of data
      submitted for reregistration and appropriate regulatory action by
      the Administrator.
    (c) Phase one
      (1) Priority for reregistration
        For purposes of the reregistration of the pesticides described
      in subsection (a) of this section, the Administrator shall list
      the active ingredients of pesticides and shall give priority to,
      among others, active ingredients (other than active ingredients
      for which registration standards have been issued before the
      effective date of this section) that - 
          (A) are in use on or in food or feed and may result in
        postharvest residues;
          (B) may result in residues of potential toxicological concern
        in potable ground water, edible fish, or shellfish;
          (C) have been determined by the Administrator before the
        effective date of this section to have significant outstanding
        data requirements; or
          (D) are used on crops, including in greenhouses and
        nurseries, where worker exposure is most likely to occur.
      (2) Reregistration lists
        For purposes of reregistration under this section, the
      Administrator shall by order - 
          (A) not later than 70 days after the effective date of this
        section, list pesticide active ingredients for which
        registration standards have been issued before such effective
        date;
          (B) not later than 4 months after such effective date, list
        the first 150 pesticide active ingredients, as determined under
        paragraph (1);
          (C) not later than 7 months after such effective date, list
        the second 150 pesticide active ingredients, as determined
        under paragraph (1); and
          (D) not later than 10 months after such effective date, list
        the remainder of the pesticide active ingredients, as
        determined under paragraph (1).

      Each list shall be published in the Federal Register.
      (3) Judicial review
        The content of a list issued by the Administrator under
      paragraph (2) shall not be subject to judicial review.
      (4) Notice to registrants
        On the publication of a list of pesticide active ingredients
      under paragraph (2), the Administrator shall send by certified
      mail to the registrants of the pesticides containing such active
      ingredients a notice of the time by which the registrants are to
      notify the Administrator under subsection (d) of this section
      whether the registrants intend to seek or not to seek
      reregistration of such pesticides.
    (d) Phase two
      (1) In general
        The registrant of a pesticide that contains an active
      ingredient listed under subparagraph (B), (C), or (D) of
      subsection (c)(2) of this section shall submit to the
      Administrator, within the time period prescribed by paragraph
      (4), the notice described in paragraph (2) and any information,
      commitment, or offer described in paragraph (3).
      (2) Notice of intent to seek or not to seek reregistration
        (A) The registrant of a pesticide containing an active
      ingredient listed under subparagraph (B), (C), or (D) of
      subsection (c)(2) of this section shall notify the Administrator
      by certified mail whether the registrant intends to seek or does
      not intend to seek reregistration of the pesticide.
        (B) If a registrant submits a notice under subparagraph (A) of
      an intention not to seek reregistration of a pesticide, the
      Administrator shall publish a notice in the Federal Register
      stating that such a notice has been submitted.
      (3) Missing or inadequate data
        Each registrant of a pesticide that contains an active
      ingredient listed under subparagraph (B), (C), or (D) of
      subsection (c)(2) of this section and for which the registrant
      submitted a notice under paragraph (2) of an intention to seek
      reregistration of such pesticide shall submit to the
      Administrator - 
          (A) in accordance with regulations issued by the
        Administrator under section 136a of this title, an
        identification of - 
            (i) all data that are required by regulation to support the
          registration of the pesticide with respect to such active
          ingredient;
            (ii) data that were submitted by the registrant previously
          in support of the registration of the pesticide that are
          inadequate to meet such regulations; and
            (iii) data identified under clause (i) that have not been
          submitted to the Administrator; and

          (B) either - 
            (i) a commitment to replace the data identified under
          subparagraph (A)(ii) and submit the data identified under
          subparagraph (A)(iii) within the applicable time period
          prescribed by paragraph (4)(B); or
            (ii) an offer to share in the cost to be incurred by a
          person who has made a commitment under clause (i) to replace
          or submit the data and an offer to submit to arbitration as
          described by section 136a(c)(2)(B) of this title with regard
          to such cost sharing.

      For purposes of a submission by a registrant under subparagraph
      (A)(ii), data are inadequate if the data are derived from a study
      with respect to which the registrant is unable to make the
      certification prescribed by subsection (e)(1)(G) of this section
      that the registrant possesses or has access to the raw data used
      in or generated by such study. For purposes of a submission by a
      registrant under such subparagraph, data shall be considered to
      be inadequate if the data are derived from a study submitted
      before January 1, 1970, unless it is demonstrated to the
      satisfaction of the Administrator that such data should be
      considered to support the registration of the pesticide that is
      to be reregistered.
      (4) Time periods
        (A) A submission under paragraph (2) or (3) shall be made - 
          (i) in the case of a pesticide containing an active
        ingredient listed under subsection (c)(2)(B) of this section,
        not later than 3 months after the date of publication of the
        listing of such active ingredient;
          (ii) in the case of a pesticide containing an active
        ingredient listed under subsection (c)(2)(C) of this section,
        not later than 3 months after the date of publication of the
        listing of such active ingredient; and
          (iii) in the case of a pesticide containing an active
        ingredient listed under subsection (c)(2)(D) of this section,
        not later than 3 months after the date of publication of the
        listing of such active ingredient.

      On application, the Administrator may extend a time period
      prescribed by this subparagraph if the Administrator determines
      that factors beyond the control of the registrant prevent the
      registrant from complying with such period.
        (B) A registrant shall submit data in accordance with a
      commitment entered into under paragraph (3)(B) within a
      reasonable period of time, as determined by the Administrator,
      but not more than 48 months after the date the registrant
      submitted the commitment. The Administrator, on application of a
      registrant, may extend the period prescribed by the preceding
      sentence by no more than 2 years if extraordinary circumstances
      beyond the control of the registrant prevent the registrant from
      submitting data within such prescribed period. Upon application
      of a registrant, the Administrator shall, in the case of a minor
      use, extend the deadline for the production of residue chemistry
      data under this subparagraph for data required solely to support
      that minor use until the final deadline for submission of data
      under this section for the other uses of the pesticide
      established as of August 3, 1996, if - 
          (i) the data to support other uses of the pesticide on a food
        are being provided;
          (ii) the registrant, in submitting a request for such an
        extension provides a schedule, including interim dates to
        measure progress, to assure that the data production will be
        completed before the expiration of the extension period;
          (iii) the Administrator has determined that such extension
        will not significantly delay the Administrator's schedule for
        issuing a reregistration eligibility determination required
        under this section; and
          (iv) the Administrator has determined that based on existing
        data, such extension would not significantly increase the risk
        of any unreasonable adverse effect on the environment. If the
        Administrator grants an extension under this subparagraph, the
        Administrator shall monitor the development of the data and
        shall ensure that the registrant is meeting the schedule for
        the production of the data. If the Administrator determines
        that the registrant is not meeting or has not met the schedule
        for the production of such data, the Administrator may proceed
        in accordance with clause (iv) of section 136a(c)(2)(B) of this
        title or other provisions of this section, as appropriate,
        regarding the continued registration of the affected products
        with the minor use and shall inform the public of such action.
        Notwithstanding the provisions of this subparagraph, the
        Administrator may take action to modify or revoke the extension
        under this subparagraph if the Administrator determines that
        the extension for the minor use may cause an unreasonable
        adverse effect on the environment. In such circumstance, the
        Administrator shall provide written notice to the registrant
        revoking the extension of time for submission of data. Such
        data shall instead be due in accordance with the date then
        established by the Administrator for submission of the data.
      (5) Cancellation and removal
        (A) If the registrant of a pesticide does not submit a notice
      under paragraph (2) or (3) within the time prescribed by
      paragraph (4)(A), the Administrator shall issue a notice of
      intent to cancel the registration of such registrant for such
      pesticide and shall publish the notice in the Federal Register
      and allow 60 days for the submission of comments on the notice.
      On expiration of such 60 days, the Administrator, by order and
      without a hearing, may cancel the registration or take such other
      action, including extension of applicable time periods, as may be
      necessary to enable reregistration of such pesticide by another
      person.
        (B)(i) If - 
          (I) no registrant of a pesticide containing an active
        ingredient listed under subsection (c)(2) of this section
        notifies the Administrator under paragraph (2) that the
        registrant intends to seek reregistration of any pesticide
        containing that active ingredient;
          (II) no such registrant complies with paragraph (3)(A); or
          (III) no such registrant makes a commitment under paragraph
        (3)(B) to replace or submit all data described in clauses (ii)
        and (iii) of paragraph (3)(A);

      the Administrator shall publish in the Federal Register a notice
      of intent to remove the active ingredient from the list
      established under subsection (c)(2) of this section and a notice
      of intent to cancel the registrations of all pesticides
      containing such active ingredient and shall provide 60 days for
      comment on such notice.
        (ii) After the 60-day period has expired, the Administrator, by
      order, may cancel any such registration without hearing, except
      that the Administrator shall not cancel a registration under this
      subparagraph if - 
          (I) during the comment period a person acquires the rights of
        the registrant in that registration;
          (II) during the comment period that person furnishes a notice
        of intent to reregister the pesticide in accordance with
        paragraph (2); and
          (III) not later than 120 days after the publication of the
        notice under this subparagraph, that person has complied with
        paragraph (3) and the fee prescribed by subsection (i)(1) of
        this section has been paid.
      (6) Suspensions and penalties
        The Administrator shall issue a notice of intent to suspend the
      registration of a pesticide in accordance with the procedures
      prescribed by section 136a(c)(2)(B)(iv) of this title if the
      Administrator determines that (A) progress is insufficient to
      ensure the submission of the data required for such pesticide
      under a commitment made under paragraph (3)(B) within the time
      period prescribed by paragraph (4)(B) or (B) the registrant has
      not submitted such data to the Administrator within such time
      period. If the registrant does not commit to support a specific
      minor use of the pesticide, but is supporting and providing data
      in a timely and adequate fashion to support uses of the pesticide
      on a food, or if all uses of the pesticide are nonfood uses and
      the registrant does not commit to support a specific minor use of
      the pesticide but is supporting and providing data in a timely
      and adequate fashion to support other nonfood uses of the
      pesticide, the Administrator, at the written request of the
      registrant, shall not take any action pursuant to this paragraph
      in regard to such unsupported minor use until the final deadline
      established as of August 3, 1996, for the submission of data
      under this section for the supported uses identified pursuant to
      this paragraph unless the Administrator determines that the
      absence of the data is significant enough to cause human health
      or environmental concerns. On such a determination the
      Administrator may refuse the request for extension by the
      registrant. Upon receipt of the request from the registrant, the
      Administrator shall publish in the Federal Register a notice of
      the receipt of the request and the effective date upon which the
      uses not being supported will be voluntarily deleted from the
      registration pursuant to section 136d(f)(1) of this title. If the
      Administrator grants an extension under this paragraph, the
      Administrator shall monitor the development of the data for the
      uses being supported and shall ensure that the registrant is
      meeting the schedule for the production of such data. If the
      Administrator determines that the registrant is not meeting or
      has not met the schedule for the production of such data, the
      Administrator may proceed in accordance with section
      136a(c)(2)(B)(iv) of this title regarding the continued
      registration of the affected products with the minor and other
      uses and shall inform the public of such action in accordance
      with section 136d(f)(2) of this title. Notwithstanding this
      subparagraph, the Administrator may deny, modify, or revoke the
      temporary extension under this paragraph if the Administrator
      determines that the continuation of the minor use may cause an
      unreasonable adverse effect on the environment. In the event of
      modification or revocation, the Administrator shall provide, in
      writing, to the registrant a notice revoking the temporary
      extension and establish a new effective date by which the minor
      use shall be deleted from the registration.
    (e) Phase three
      (1) Information about studies
        Each registrant of a pesticide that contains an active
      ingredient listed under subparagraph (B), (C), or (D) of
      subsection (c)(2) of this section who has submitted a notice
      under subsection (d)(2) of this section of an intent to seek the
      reregistration of such pesticide shall submit, in accordance with
      the guidelines issued under paragraph (4), to the Administrator -
      
          (A) a summary of each study concerning the active ingredient
        previously submitted by the registrant in support of the
        registration of a pesticide containing such active ingredient
        and considered by the registrant to be adequate to meet the
        requirements of section 136a of this title and the regulations
        issued under such section;
          (B) a summary of each study concerning the active ingredient
        previously submitted by the registrant in support of the
        registration of a pesticide containing such active ingredient
        that may not comply with the requirements of section 136a of
        this title and the regulations issued under such section but
        which the registrant asserts should be deemed to comply with
        such requirements and regulations;
          (C) a reformat of the data from each study summarized under
        subparagraph (A) or (B) by the registrant concerning chronic
        dosing, oncogenicity, reproductive effects, mutagenicity,
        neurotoxicity, teratogenicity, or residue chemistry of the
        active ingredient that were submitted to the Administrator
        before January 1, 1982;
          (D) where data described in subparagraph (C) are not required
        for the active ingredient by regulations issued under section
        136a of this title, a reformat of acute and subchronic dosing
        data submitted by the registrant to the Administrator before
        January 1, 1982, that the registrant considers to be adequate
        to meet the requirements of section 136a of this title and the
        regulations issued under such section;
          (E) an identification of data that are required to be
        submitted to the Administrator under section 136d(a)(2) of this
        title, indicating an adverse effect of the pesticide;
          (F) an identification of any other information available that
        in the view of the registrant supports the registration;
          (G) a certification that the registrant or the Administrator
        possesses or has access to the raw data used in or generated by
        the studies that the registrant summarized under subparagraph
        (A) or (B);
          (H) either - 
            (i) a commitment to submit data to fill each outstanding
          data requirement identified by the registrant; or
            (ii) an offer to share in the cost of developing such data
          to be incurred by a person who has made a commitment under
          clause (i) to submit such data, and an offer to submit to
          arbitration as described by section 136a(c)(2)(B) of this
          title with regard to such cost sharing; and

          (I) evidence of compliance with section 136a(c)(1)(D)(ii)
        (!1) of this title and regulations issued thereunder with
        regard to previously submitted data as if the registrant were
        now seeking the original registration of the pesticide.


      A registrant who submits a certification under subparagraph (G)
      that is false shall be considered to have violated this
      subchapter and shall be subject to the penalties prescribed by
      section 136l of this title.
      (2) Time periods
        (A) The information required by paragraph (1) shall be
      submitted to the Administrator - 
          (i) in the case of a pesticide containing an active
        ingredient listed under subsection (c)(2)(B) of this section,
        not later than 12 months after the date of publication of the
        listing of such active ingredient;
          (ii) in the case of a pesticide containing an active
        ingredient listed under subsection (c)(2)(C) of this section,
        not later than 12 months after the date of publication of the
        listing of such active ingredient; and
          (iii) in the case of a pesticide containing an active
        ingredient listed under subsection (c)(2)(D) of this section,
        not later than 12 months after the date of publication of the
        listing of such active ingredient.

        (B) A registrant shall submit data in accordance with a
      commitment entered into under paragraph (1)(H) within a
      reasonable period of time, as determined by the Administrator,
      but not more than 48 months after the date the registrant
      submitted the commitment under such paragraph. The Administrator,
      on application of a registrant, may extend the period prescribed
      by the preceding sentence by no more than 2 years if
      extraordinary circumstances beyond the control of the registrant
      prevent the registrant from submitting data within such
      prescribed period. Upon application of a registrant, the
      Administrator shall, in the case of a minor use, extend the
      deadline for the production of residue chemistry data under this
      subparagraph for data required solely to support that minor use
      until the final deadline for submission of data under this
      section for the other uses of the pesticide established as of
      August 3, 1996, if - 
          (i) the data to support other uses of the pesticide on a food
        are being provided;
          (ii) the registrant, in submitting a request for such an
        extension provides a schedule, including interim dates to
        measure progress, to assure that the data production will be
        completed before the expiration of the extension period;
          (iii) the Administrator has determined that such extension
        will not significantly delay the Administrator's schedule for
        issuing a reregistration eligibility determination required
        under this section; and
          (iv) the Administrator has determined that based on existing
        data, such extension would not significantly increase the risk
        of any unreasonable adverse effect on the environment. If the
        Administrator grants an extension under this subparagraph, the
        Administrator shall monitor the development of the data and
        shall ensure that the registrant is meeting the schedule for
        the production of the data. If the Administrator determines
        that the registrant is not meeting or has not met the schedule
        for the production of such data, the Administrator may proceed
        in accordance with clause (iv) of section 136a(c)(2)(B) of this
        title or other provisions of this section, as appropriate,
        regarding the continued registration of the affected products
        with the minor use and shall inform the public of such action.
        Notwithstanding the provisions of this subparagraph, the
        Administrator may take action to modify or revoke the extension
        under this subparagraph if the Administrator determines that
        the extension for the minor use may cause an unreasonable
        adverse effect on the environment. In such circumstance, the
        Administrator shall provide written notice to the registrant
        revoking the extension of time for submission of data. Such
        data shall instead be due in accordance with the date then
        established by the Administrator for submission of the data.
      (3) Cancellation
        (A) If the registrant of a pesticide fails to submit the
      information required by paragraph (1) within the time prescribed
      by paragraph (2), the Administrator, by order and without
      hearing, shall cancel the registration of such pesticide. If the
      registrant does not commit to support a specific minor use of the
      pesticide, but is supporting and providing data in a timely and
      adequate fashion to support uses of the pesticide on a food, or
      if all uses of the pesticide are nonfood uses and the registrant
      does not commit to support a specific minor use of the pesticide
      but is supporting and providing data in a timely and adequate
      fashion to support other nonfood uses of the pesticide, the
      Administrator, at the written request of the registrant, shall
      not take any action pursuant to this subparagraph in regard to
      such unsupported minor use until the final deadline established
      as of August 3, 1996, for the submission of data under this
      section for the supported uses identified pursuant to this
      subparagraph unless the Administrator determines that the absence
      of the data is significant enough to cause human health or
      environmental concerns. On the basis of such determination, the
      Administrator may refuse the request for extension by the
      registrant. Upon receipt of the request from the registrant, the
      Administrator shall publish in the Federal Register a notice of
      the receipt of the request and the effective date upon which the
      uses not being supported will be voluntarily deleted from the
      registration pursuant to section 136d(f)(1) of this title. If the
      Administrator grants an extension under this subparagraph, the
      Administrator shall monitor the development of the data for the
      uses being supported and shall ensure that the registrant is
      meeting the schedule for the production of such data. If the
      Administrator determines that the registrant is not meeting or
      has not met the schedule for the production of such data, the
      Administrator may proceed in accordance with section
      136a(c)(2)(B)(iv) of this title regarding the continued
      registration of the affected products with the minor and other
      uses and shall inform the public of such action in accordance
      with section 136d(f)(2) of this title. Notwithstanding this
      subparagraph, the Administrator may deny, modify, or revoke the
      temporary extension under this subparagraph if the Administrator
      determines that the continuation of the minor use may cause an
      unreasonable adverse effect on the environment. In the event of
      modification or revocation, the Administrator shall provide, in
      writing, to the registrant a notice revoking the temporary
      extension and establish a new effective date by which the minor
      use shall be deleted from the registration.
        (B)(i) If the registrant of a pesticide submits the information
      required by paragraph (1) within the time prescribed by paragraph
      (2) and such information does not conform to the guidelines for
      submissions established by the Administrator, the Administrator
      shall determine whether the registrant made a good faith attempt
      to conform its submission to such guidelines.
        (ii) If the Administrator determines that the registrant made a
      good faith attempt to conform its submission to such guidelines,
      the Administrator shall provide the registrant a reasonable
      period of time to make any necessary changes or corrections.
        (iii)(I) If the Administrator determines that the registrant
      did not make a good faith attempt to conform its submission to
      such guidelines, the Administrator may issue a notice of intent
      to cancel the registration. Such a notice shall be sent to the
      registrant by certified mail.
        (II) The registration shall be canceled without a hearing or
      further notice at the end of 30 days after receipt by the
      registrant of the notice unless during that time a request for a
      hearing is made by the registrant.
        (III) If a hearing is requested, a hearing shall be conducted
      under section 136d(d) of this title, except that the only matter
      for resolution at the hearing shall be whether the registrant
      made a good faith attempt to conform its submission to such
      guidelines. The hearing shall be held and a determination made
      within 75 days after receipt of a request for hearing.
      (4) Guidelines
        (A) Not later than 1 year after the effective date of this
      section, the Administrator, by order, shall issue guidelines to
      be followed by registrants in - 
          (i) summarizing studies;
          (ii) reformatting studies;
          (iii) identifying adverse information; and
          (iv) identifying studies that have been submitted previously
        that may not meet the requirements of section 136a of this
        title or regulations issued under such section,

      under paragraph (1).
        (B) Guidelines issued under subparagraph (A) shall not be
      subject to judicial review.
      (5) Monitoring
        The Administrator shall monitor the progress of registrants in
      acquiring and submitting the data required under paragraph (1).
    (f) Phase four
      (1) Independent review and identification of outstanding data
        requirements
        (A) The Administrator shall review the submissions of all
      registrants of pesticides containing a particular active
      ingredient under subsections (d)(3) and (e)(1) of this section to
      determine if such submissions identified all the data that are
      missing or inadequate for such active ingredient. To assist the
      review of the Administrator under this subparagraph, the
      Administrator may require a registrant seeking reregistration to
      submit complete copies of studies summarized under subsection
      (e)(1) of this section.
        (B) The Administrator shall independently identify and publish
      in the Federal Register the outstanding data requirements for
      each active ingredient that is listed under subparagraph (B),
      (C), or (D) of subsection (c)(2) of this section and that is
      contained in a pesticide to be reregistered under this section.
      The Administrator, at the same time, shall issue a notice under
      section 136a(c)(2)(B) of this title for the submission of the
      additional data that are required to meet such requirements.
      (2) Time periods
        (A) The Administrator shall take the action required by
      paragraph (1) - 
          (i) in the case of a pesticide containing an active
        ingredient listed under subsection (c)(2)(B) of this section,
        not later than 18 months after the date of the listing of such
        active ingredient;
          (ii) in the case of a pesticide containing an active
        ingredient listed under subsection (c)(2)(C) of this section,
        not later than 24 months after the date of the listing of such
        active ingredient; and
          (iii) in the case of a pesticide containing an active
        ingredient listed under subsection (c)(2)(D) of this section,
        not later than 33 months after the date of the listing of such
        active ingredient.

        (B) If the Administrator issues a notice to a registrant under
      paragraph (1)(B) for the submission of additional data, the
      registrant shall submit such data within a reasonable period of
      time, as determined by the Administrator, but not to exceed 48
      months after the issuance of such notice. The Administrator, on
      application of a registrant, may extend the period prescribed by
      the preceding sentence by no more than 2 years if extraordinary
      circumstances beyond the control of the registrant prevent the
      registrant from submitting data within such prescribed period.
      Upon application of a registrant, the Administrator shall, in the
      case of a minor use, extend the deadline for the production of
      residue chemistry data under this subparagraph for data required
      solely to support that minor use until the final deadline for
      submission of data under this section for the other uses of the
      pesticide established as of August 3, 1996, if - 
          (i) the data to support other uses of the pesticide on a food
        are being provided;
          (ii) the registrant, in submitting a request for such an
        extension provides a schedule, including interim dates to
        measure progress, to assure that the data production will be
        completed before the expiration of the extension period;
          (iii) the Administrator has determined that such extension
        will not significantly delay the Administrator's schedule for
        issuing a reregistration eligibility determination required
        under this section; and
          (iv) the Administrator has determined that based on existing
        data, such extension would not significantly increase the risk
        of any unreasonable adverse effect on the environment. If the
        Administrator grants an extension under this subparagraph, the
        Administrator shall monitor the development of the data and
        shall ensure that the registrant is meeting the schedule for
        the production of the data. If the Administrator determines
        that the registrant is not meeting or has not met the schedule
        for the production of such data, the Administrator may proceed
        in accordance with clause (iv) of section 136a(c)(2)(B) of this
        title or other provisions of this section, as appropriate,
        regarding the continued registration of the affected products
        with the minor use and shall inform the public of such action.
        Notwithstanding the provisions of this subparagraph, the
        Administrator may take action to modify or revoke the extension
        under this subparagraph if the Administrator determines that
        the extension for the minor use may cause an unreasonable
        adverse effect on the environment. In such circumstance, the
        Administrator shall provide written notice to the registrant
        revoking the extension of time for submission of data. Such
        data shall instead be due in accordance with the date then
        established by the Administrator for submission of the data.
      (3) Suspensions and penalties
        The Administrator shall issue a notice of intent to suspend the
      registration of a pesticide in accordance with the procedures
      prescribed by section 136a(c)(2)(B)(iv) of this title if the
      Administrator determines that (A) tests necessary to fill an
      outstanding data requirement for such pesticide have not been
      initiated within 1 year after the issuance of a notice under
      paragraph (1)(B), or (B) progress is insufficient to ensure
      submission of the data referred to in clause (A) within the time
      period prescribed by paragraph (2)(B) or the required data have
      not been submitted to the Administrator within such time period.
      If the registrant does not commit to support a specific minor use
      of the pesticide, but is supporting and providing data in a
      timely and adequate fashion to support uses of the pesticide on a
      food, or if all uses of the pesticide are nonfood uses and the
      registrant does not commit to support a specific minor use of the
      pesticide but is supporting and providing data in a timely and
      adequate fashion to support other nonfood uses of the pesticide,
      the Administrator, at the written request of the registrant,
      shall not take any action pursuant to this paragraph in regard to
      such unsupported minor use until the final deadline established
      as of August 3, 1996, for the submission of data under this
      section for the supported uses identified pursuant to this
      paragraph unless the Administrator determines that the absence of
      the data is significant enough to cause human health or
      environmental concerns. On such a determination the Administrator
      may refuse the request for extension by the registrant. Upon
      receipt of the request from the registrant, the Administrator
      shall publish in the Federal Register a notice of the receipt of
      the request and the effective date upon which the uses not being
      supported will be voluntarily deleted from the registration
      pursuant to section 136d(f)(1) of this title. If the
      Administrator grants an extension under this paragraph, the
      Administrator shall monitor the development of the data for the
      uses being supported and shall ensure that the registrant is
      meeting the schedule for the production of such data. If the
      Administrator determines that the registrant is not meeting or
      has not met the schedule for the production of such data, the
      Administrator may proceed in accordance with section
      136a(c)(2)(B)(iv) of this title regarding the continued
      registration of the affected products with the minor and other
      uses and shall inform the public of such action in accordance
      with section 136d(f)(2) of this title. Notwithstanding this
      subparagraph, the Administrator may deny, modify, or revoke the
      temporary extension under this paragraph if the Administrator
      determines that the continuation of the minor use may cause an
      unreasonable adverse effect on the environment. In the event of
      modification or revocation, the Administrator shall provide, in
      writing, to the registrant a notice revoking the temporary
      extension and establish a new effective date by which the minor
      use shall be deleted from the registration.
    (g) Phase five
      (1) Data review
        The Administrator shall conduct a thorough examination of all
      data submitted under this section concerning an active ingredient
      listed under subsection (c)(2) of this section and of all other
      available data found by the Administrator to be relevant.
      (2) Reregistration and other actions
        (A) In general. - The Administrator shall make a determination
      as to eligibility for reregistration - 
          (i) for all active ingredients subject to reregistration
        under this section for which tolerances or exemptions from
        tolerances are required under the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 301 et seq.), not later than the last
        date for tolerance reassessment established under section
        408(q)(1)(C) of that Act (21 U.S.C. 346a(q)(1)(C)); and
          (ii) for all other active ingredients subject to
        reregistration under this section, not later than October 3,
        2008.

        (B) Product-specific data. - 
          (i) In general. - Before reregistering a pesticide, the
        Administrator shall obtain any needed product-specific data
        regarding the pesticide by use of section 136a(c)(2)(B) of this
        title and shall review such data within 90 days after its
        submission.
          (ii) Timing. - 
            (I) In general. - Subject to subclause (II), the
          Administrator shall require that data under this subparagraph
          be submitted to the Administrator not later than 8 months
          after a determination of eligibility under subparagraph (A)
          has been made for each active ingredient of the pesticide,
          unless the Administrator determines that a longer period is
          required for the generation of the data.
            (II) Extraordinary circumstances. - In the case of
          extraordinary circumstances, the Administrator may provide
          such a longer period, of not more than 2 additional years,
          for submission of data to the Administrator under this
          subparagraph.

        (C) After conducting the review required by paragraph (1) for
      each active ingredient of a pesticide and the review required by
      subparagraph (B) of this paragraph, the Administrator shall
      determine whether to reregister a pesticide by determining
      whether such pesticide meets the requirements of section
      136a(c)(5) of this title. If the Administrator determines that a
      pesticide is eligible to be reregistered, the Administrator shall
      reregister such pesticide within 6 months after the submission of
      the data concerning such pesticide under subparagraph (B).
        (D) Determination to not reregister. - 
          (i) In general. - If after conducting a review under
        paragraph (1) or subparagraph (B) of this paragraph the
        Administrator determines that a pesticide should not be
        reregistered, the Administrator shall take appropriate
        regulatory action.
          (ii) Timing for regulatory action. - Regulatory action under
        clause (i) shall be completed as expeditiously as possible.

        (E) As soon as the Administrator has sufficient information
      with respect to the dietary risk of a particular active
      ingredient, but in any event no later than the time the
      Administrator makes a determination under subparagraph (C) or (D)
      with respect to pesticides containing a particular active
      ingredient, the Administrator shall - 
          (i) reassess each associated tolerance and exemption from the
        requirement for a tolerance issued under section 408 of the
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a);
          (ii) determine whether such tolerance or exemption meets the
        requirements of that Act [21 U.S.C. 301 et seq.];
          (iii) determine whether additional tolerances or exemptions
        should be issued;
          (iv) publish in the Federal Register a notice setting forth
        the determinations made under this subparagraph; and
          (v) commence promptly such proceedings under this subchapter
        and section 408 of the Federal Food, Drug, and Cosmetic Act [21
        U.S.C. 346a] as are warranted by such determinations.
    (h) Compensation of data submitter
      If data that are submitted by a registrant under subsection (d),
    (e), (f), or (g) of this section are used to support the
    application of another person under section 136a of this title, the
    registrant who submitted such data shall be entitled to
    compensation for the use of such data as prescribed by section
    136a(c)(1)(D) (!2) of this title. In determining the amount of such
    compensation, the fees paid by the registrant under this section
    shall be taken into account.

    (i) Fees
      (1) Initial fee for food or feed use pesticide active ingredients
        The registrants of pesticides that contain an active ingredient
      that is listed under subparagraph (B), (C), or (D) of subsection
      (c)(2) of this section and that is an active ingredient of any
      pesticide registered for a major food or feed use shall
      collectively pay a fee of $50,000 on submission of information
      under paragraphs (2) and (3) of subsection (d) of this section
      for such ingredient.
      (2) Final fee for food or feed use pesticide active ingredients
        (A) The registrants of pesticides that contain an active
      ingredient that is listed under subparagraph (B), (C), or (D) of
      subsection (c)(2) of this section and that is an active
      ingredient of any pesticide registered for a major food or feed
      use shall collectively pay a fee of $100,000 - 
          (i) on submission of information for such ingredient under
        subsection (e)(1) of this section if data are reformatted under
        subsection (e)(1)(C) of this section; or
          (ii) on submission of data for such ingredient under
        subsection (e)(2)(B) of this section if data are not
        reformatted under subsection (e)(1)(C) of this section.

        (B) The registrants of pesticides that contain an active
      ingredient that is listed under subsection (c)(2)(A) of this
      section and that is an active ingredient of any pesticide
      registered for a major food or feed use shall collectively pay a
      fee of $150,000 at such time as the Administrator shall
      prescribe.
      (3) Fees for other pesticide active ingredients
        (A) The registrants of pesticides that contain an active
      ingredient that is listed under subparagraph (B), (C), or (D) of
      subsection (c)(2) of this section and that is not an active
      ingredient of any pesticide registered for a major food or feed
      use shall collectively pay fees in amounts determined by the
      Administrator. Such fees may not be less than one-half of, nor
      greater than, the fees required by paragraphs (1) and (2). A
      registrant shall pay such fees at the times corresponding to the
      times fees prescribed by paragraphs (1) and (2) are to be paid.
        (B) The registrants of pesticides that contain an active
      ingredient that is listed under subsection (c)(2)(A) of this
      section and that is not an active ingredient of any pesticide
      that is registered for a major food or feed use shall
      collectively pay a fee of not more than $100,000 and not less
      than $50,000 at such time as the Administrator shall prescribe.
      (4) Reduction or waiver of fees for minor use and other
        pesticides
        (A) An active ingredient that is contained only in pesticides
      that are registered solely for agricultural or nonagricultural
      minor uses, or a pesticide the value or volume of use of which is
      small, shall be exempt from the fees prescribed by paragraph (3).
        (B) The Administrator shall exempt any public health pesticide
      from the payment of the fee prescribed under paragraph (3) if, in
      consultation with the Secretary of Health and Human Services, the
      Administrator determines, based on information supplied by the
      registrant, that the economic return to the registrant from sales
      of the pesticide does not support the registration or
      reregistration of the pesticide.
        (C) An antimicrobial active ingredient, the production level of
      which does not exceed 1,000,000 pounds per year, shall be exempt
      from the fees prescribed by paragraph (3). For purposes of this
      subparagraph, the term "antimicrobial active ingredient" means
      any active ingredient that is contained only in pesticides that
      are not registered for any food or feed use and that are - 
          (i) sanitizers intended to reduce the number of living
        bacteria or viable virus particles on inanimate surface or in
        water or air;
          (ii) bacteriostats intended to inhibit the growth of bacteria
        in the presence of moisture;
          (iii) disinfectants intended to destroy or irreversibly
        inactivate bacteria, fungi, or viruses on surfaces or inanimate
        objects;
          (iv) sterilizers intended to destroy viruses and all living
        bacteria, fungi, and their spores on inanimate surfaces; or
          (v) fungicides or fungistats.

        (D)(i) Notwithstanding any other provision of this subsection,
      in the case of a small business registrant of a pesticide, the
      registrant shall pay a fee for the reregistration of each active
      ingredient of the pesticide that does not exceed an amount
      determined in accordance with this subparagraph.
        (ii) If during the 3-year period prior to reregistration the
      average annual gross revenue of the registrant from pesticides
      containing such active ingredient is - 
          (I) less than $5,000,000, the registrant shall pay 0.5
        percent of such revenue;
          (II) $5,000,000 or more but less than $10,000,000, the
        registrant shall pay 1 percent of such revenue; or
          (III) $10,000,000 or more, the registrant shall pay 1.5
        percent of such revenue, but not more than $150,000.

        (iii) For the purpose of this subparagraph, a small business
      registrant is a corporation, partnership, or unincorporated
      business that - 
          (I) has 150 or fewer employees; and
          (II) during the 3-year period prior to reregistration, had an
        average annual gross revenue from chemicals that did not exceed
        $40,000,000.
      (5) Maintenance fee
        (A) In general. - Subject to other provisions of this
      paragraph, each registrant of a pesticide shall pay an annual fee
      by January 15 of each year for each registration, except that no
      fee shall be charged for more than 200 registrations held by any
      registrant.
        (B) In the case of a pesticide that is registered for a minor
      agricultural use, the Administrator may reduce or waive the
      payment of the fee imposed under this paragraph if the
      Administrator determines that the fee would significantly reduce
      the availability of the pesticide for the use.
        (C) Total amount of fees. - The amount of each fee prescribed
      under subparagraph (A) shall be adjusted by the Administrator to
      a level that will result in the collection under this paragraph
      of, to the extent practicable, an aggregate amount of - 
          (i) for fiscal year 2004, $26,000,000;
          (ii) for fiscal year 2005, $27,000,000;
          (iii) for fiscal year 2006, $27,000,000;
          (iv) for fiscal year 2007, $21,000,000; and
          (v) for fiscal year 2008, $15,000,000.

        (D) Maximum amount of fees for registrants. - The maximum
      annual fee payable under this paragraph by - 
          (i) a registrant holding not more than 50 pesticide
        registrations shall be - 
            (I) for fiscal year 2004, $84,000;
            (II) for each of fiscal years 2005 and 2006, $87,000;
            (III) for fiscal year 2007, $68,000; and
            (IV) for fiscal year 2008, $55,000; and

          (ii) a registrant holding over 50 registrations shall be - 
            (I) for fiscal year 2004, $145,000;
            (II) for each of fiscal years 2005 and 2006, $151,000;
            (III) for fiscal year 2007, $117,000; and
            (IV) for fiscal year 2008, $95,000.

        (E) Maximum amount of fees for small businesses. - 
          (i) In general. - For a small business, the maximum annual
        fee payable under this paragraph by - 
            (I) a registrant holding not more than 50 pesticide
          registrations shall be - 
              (aa) for fiscal year 2004, $59,000;
              (bb) for each of fiscal years 2005 and 2006, $61,000;
              (cc) for fiscal year 2007, $48,000; and
              (dd) for fiscal year 2008, $38,500; and

            (II) a registrant holding over 50 pesticide registrations
          shall be - 
              (aa) for fiscal year 2004, $102,000;
              (bb) for each of fiscal years 2005 and 2006, $106,000;
              (cc) for fiscal year 2007, $82,000; and
              (dd) for fiscal year 2008, $66,500.

          (ii) Definition of small business. - 
            (I) In general. - In clause (i), the term "small business"
          means a corporation, partnership, or unincorporated business
          that - 
              (aa) has 500 or fewer employees; and
              (bb) during the 3-year period prior to the most recent
            maintenance fee billing cycle, had an average annual global
            gross revenue from pesticides that did not exceed
            $60,000,000.

            (II) Affiliates. - 
              (aa) In general. - In the case of a business entity with
            1 or more affiliates, the gross revenue limit under
            subclause (I)(bb) shall apply to the gross revenue for the
            entity and all of the affiliates of the entity, including
            parents and subsidiaries, if applicable.
              (bb) Affiliated persons. - For the purpose of item (aa),
            persons are affiliates of each other if, directly or
            indirectly, either person controls or has the power to
            control the other person, or a third person controls or has
            the power to control both persons.
              (cc) Indicia of control. - For the purpose of item (aa),
            indicia of control include interlocking management or
            ownership, identity of interests among family members,
            shared facilities and equipment, and common use of
            employees.

        (F) The Administrator shall exempt any public health pesticide
      from the payment of the fee prescribed under paragraph (3) if, in
      consultation with the Secretary of Health and Humans (!3)
      Services, the Administrator determines, based on information
      supplied by the registrant, that the economic return to the
      registrant from sales of the pesticide does not support the
      registration or reregistration of the pesticide.

        (G) If any fee prescribed by this paragraph with respect to the
      registration of a pesticide is not paid by a registrant by the
      time prescribed, the Administrator, by order and without hearing,
      may cancel the registration.
        (H) The authority provided under this paragraph shall terminate
      on September 30, 2008.
      (6) Other fees
        Except as provided in section 136w-8 of this title, during the
      period beginning on October 25, 1988, and ending on September 30,
      2010, the Administrator may not levy any other fees for the
      registration of a pesticide under this subchapter except as
      provided in paragraphs (1) through (5).
      (7) Apportionment
        (A) If two or more registrants are required to pay any fee
      prescribed by paragraph (1), (2), or (3) with respect to a
      particular active ingredient, the fees for such active ingredient
      shall be apportioned among such registrants on the basis of the
      market share in United States sales of the active ingredient for
      the 3 calendar years preceding the date of payment of such fee,
      except that - 
          (i) small business registrants that produce the active
        ingredient shall pay fees in accordance with paragraph (4)(C);
        and
          (ii) registrants who have no market share but who choose to
        reregister a pesticide containing such active ingredient shall
        pay the lesser of - 
            (I) 15 percent of the reregistration fee; or
            (II) a proportionate amount of such fee based on the lowest
          percentage market share held by any registrant active in the
          marketplace.

        In no event shall registrants who have no market share but who
        choose to reregister a pesticide containing such active
        ingredient collectively pay more than 25 percent of the total
        active ingredient reregistration fee.

        (B) The Administrator, by order, may require any registrant to
      submit such reports as the Administrator determines to be
      necessary to allow the Administrator to determine and apportion
      fees under this subsection, to determine the registrant's
      eligibility for a reduction or waiver of a fee, or to determine
      the volume usage for public health pesticides.
        (C) If any such report is not submitted by a registrant after
      receiving notice of such report requirement, or if any fee
      prescribed by this subsection (other than paragraph (5)) for an
      active ingredient is not paid by a registrant to the
      Administrator by the time prescribed under this subsection, the
      Administrator, by order and without hearing, may cancel each
      registration held by such registrant of a pesticide containing
      the active ingredient with respect to which the fee is imposed.
      The Administrator shall reapportion the fee among the remaining
      registrants and notify the registrants that the registrants are
      required to pay to the Administrator any unpaid balance of the
      fee within 30 days after receipt of such notice.
    (j) Exemption of certain registrants
      The requirements of subsections (d), (e), (f), and (i) of this
    section (other than subsection (i)(5) of this section) regarding
    data concerning an active ingredient and fees for review of such
    data shall not apply to any person who is the registrant of a
    pesticide to the extent that, under section 136a(c)(2)(D) of this
    title, the person would not be required to submit or cite such data
    to obtain an initial registration of such pesticide.
    (k) Reregistration and expedited processing fund
      (1) Establishment
        There shall be established in the Treasury of the United States
      a reregistration and expedited processing fund which shall be
      known as the Reregistration and Expedited Processing Fund.
      (2) Source and use
        (A) All moneys derived from fees collected by the Administrator
      under subsection (i) of this section shall be deposited in the
      fund and shall be available to the Administrator, without fiscal
      year limitation, specifically to offset the costs of
      reregistration and expedited processing of the applications
      specified in paragraph (3). Such moneys derived from fees may not
      be expended in any fiscal year to the extent such moneys derived
      from fees would exceed money appropriated for use by the
      Administrator and expended in such year for such costs of
      reregistration and expedited processing of such applications. The
      Administrator shall, prior to expending any such moneys derived
      from fees - 
          (i) effective October 1, 1997, adopt specific and cost
        accounting rules and procedures as approved by the Government
        Accountability Office and the Inspector General of the
        Environmental Protection Agency to ensure that moneys derived
        from fees are allocated solely to the costs of reregistration
        and expedited processing of the applications specified in
        paragraph (3) in the same portion as appropriated funds;
          (ii) prohibit the use of such moneys derived from fees to pay
        for any costs other than those necessary to achieve
        reregistration and expedited processing of the applications
        specified in paragraph (3); and
          (iii) ensure that personnel and facility costs associated
        with the functions to be carried out under this paragraph do
        not exceed agency averages for comparable personnel and
        facility costs.

        (B) The Administrator shall also - 
          (i) complete the review of unreviewed reregistration studies
        required to support the reregistration eligibility decisions
        scheduled for completion in accordance with subsection (l)(2)
        of this section; and
          (ii) contract for such outside assistance as may be necessary
        for review of required studies, using a generally accepted
        competitive process for the selection of vendors of such
        assistance.
      (3) Review of inert ingredients; expedited processing of similar
        applications
        (A) The Administrator shall use for each of the fiscal years
      2004 through 2006, approximately $3,300,000, and for each of
      fiscal years 2007 and 2008, between  1/8  and  1/7 , of the
      maintenance fees collected in such fiscal year to obtain
      sufficient personnel and resources - 
          (i) to review and evaluate new inert ingredients; and
          (ii) to ensure the expedited processing and review of any
        application that - 
            (I) proposes the initial or amended registration of an end-
          use pesticide that, if registered as proposed, would be
          identical or substantially similar in composition and
          labeling to a currently-registered pesticide identified in
          the application, or that would differ in composition and
          labeling from any such currently-registered pesticide only in
          ways that would not significantly increase the risk of
          unreasonable adverse effects on the environment;
            (II) proposes an amendment to the registration of a
          registered pesticide that does not require scientific review
          of data; or
            (III) proposes the initial or amended registration of an
          end use pesticide that, if registered as proposed, would be
          used for a public health pesticide.

        (B) Any amounts made available under subparagraph (A) shall be
      used to obtain sufficient personnel and resources to carry out
      the activities described in such subparagraph that are in
      addition to the personnel and resources available to carry out
      such activities on October 25, 1988.
        (C) So long as the Administrator has not met the time frames
      specified in clause (ii) of section 136a(c)(3)(B) of this title
      with respect to any application subject to section 136a(c)(3)(B)
      of this title that was received prior to August 3, 1996, the
      Administrator shall use the full amount of the fees specified in
      subparagraph (A) for the purposes specified therein. Once all
      applications subject to section 136a(c)(3)(B) of this title that
      were received prior to August 3, 1996, have been acted upon, no
      limitation shall be imposed by the preceding sentence of this
      subparagraph so long as the Administrator meets the time frames
      specified in clause (ii) of section 136a(c)(3)(B) of this title
      on 90 percent of affected applications in a fiscal year. Should
      the Administrator not meet such time frames in a fiscal year, the
      limitations imposed by the first sentence of this subparagraph
      shall apply until all overdue applications subject to section
      136a(c)(3)(B) of this title have been acted upon.
      (4) Unused funds
        Money in the fund not currently needed to carry out this
      section shall be - 
          (A) maintained on hand or on deposit;
          (B) invested in obligations of the United States or
        guaranteed thereby; or
          (C) invested in obligations, participations, or other
        instruments that are lawful investments for fiduciary, trust,
        or public funds.
      (5) Accounting and performance
        The Administrator shall take all steps necessary to ensure that
      expenditures from fees authorized by subsection (i)(5)(C)(ii)
      (!2) of this section are used only to carry out the goals
      established under subsection (l) of this section. The
      Reregistration and Expedited Processing Fund shall be designated
      as an Environmental Protection Agency component for purposes of
      section 3515(c) of title 31. The annual audit required under
      section 3521 of such title of the financial statements of
      activities under this subchapter under section 3515(b) of such
      title shall include an audit of the fees collected under
      subsection (i)(5)(C) of this section and disbursed, of the amount
      appropriated to match such fees, and of the Administrator's
      attainment of performance measures and goals established under
      subsection (l) of this section. Such an audit shall also include
      a review of the reasonableness of the overhead allocation and
      adequacy of disclosures of direct and indirect costs associated
      with carrying out the reregistration and expedited processing of
      the applications specified in paragraph (3), and the basis for
      and accuracy of all costs paid with moneys derived from such
      fees. The Inspector General shall conduct the annual audit and
      report the findings and recommendations of such audit to the
      Administrator and to the Committees on Agriculture of the House
      of Representatives and the Senate. The cost of such audit shall
      be paid for out of the fees collected under subsection (i)(5)(C)
      of this section.
    (l) Performance measures and goals
      The Administrator shall establish and publish annually in the
    Federal Register performance measures and goals. Such measures and
    goals shall include - 
        (1) the number of products reregistered, canceled, or amended,
      the status of reregistration, the number and type of data
      requests under section 136a(c)(2)(B) of this title issued to
      support product reregistration by active ingredient, the progress
      in reducing the number of unreviewed, required reregistration
      studies, the aggregate status of tolerances reassessed, and the
      number of applications for registration submitted under
      subsection (k)(3) of this section that were approved or
      disapproved;
        (2) the future schedule for reregistrations, including the
      projection for such schedules that will be issued under
      subsection (g)(2)(A) and (B) of this section in the current
      fiscal year and the succeeding fiscal year; and
        (3) the projected year of completion of the reregistrations
      under this section.
    (m) Judicial review
      Any failure of the Administrator to take any action required by
    this section shall be subject to judicial review under the
    procedures prescribed by section 136n(b) of this title.
    (n) Authorization of funds to develop public health data
      (1) "Secretary" defined
        For the purposes of this section, "Secretary" means the
      Secretary of Health and Human Services, acting through the Public
      Health Service.
      (2) Consultation
        In the case of a pesticide registered for use in public health
      programs for vector control or for other uses the Administrator
      determines to be human health protection uses, the Administrator
      shall, upon timely request by the registrant or any other
      interested person, or on the Administrator's own initiative may,
      consult with the Secretary prior to taking final action to
      suspend registration under section 136a(c)(2)(B)(iv) of this
      title, or cancel a registration under section 136a-1, 136d(e), or
      136d(f) of this title. In consultation with the Secretary, the
      Administrator shall prescribe the form and content of requests
      under this section.
      (3) Benefits to support family
        The Administrator, after consulting with the Secretary, shall
      make a determination whether the potential benefits of continued
      use of the pesticide for public health or health protection
      purposes are of such significance as to warrant a commitment by
      the Secretary to conduct or to arrange for the conduct of the
      studies required by the Administrator to support continued
      registration under section 136a of this title or reregistration
      under this section.
      (4) Additional time
        If the Administrator determines that such a commitment is
      warranted and in the public interest, the Administrator shall
      notify the Secretary and shall, to the extent necessary, amend a
      notice issued under section 136a(c)(2)(B) of this title to
      specify additional reasonable time periods for submission of the
      data.
      (5) Arrangements
        The Secretary shall make such arrangements for the conduct of
      required studies as the Secretary finds necessary and appropriate
      to permit submission of data in accordance with the time periods
      prescribed by the Administrator. Such arrangements may include
      Public Health Service intramural research activities, grants,
      contracts, or cooperative agreements with academic, public
      health, or other organizations qualified by experience and
      training to conduct such studies.
      (6) Support
        The Secretary may provide for support of the required studies
      using funds authorized to be appropriated under this section, the
      Public Health Service Act [42 U.S.C. 201 et seq.], or other
      appropriate authorities. After a determination is made under
      subsection (d) of this section, the Secretary shall notify the
      Committees on Appropriations of the House of Representatives and
      the Senate of the sums required to conduct the necessary studies.
      (7) Authorization of appropriations
        There is authorized to be appropriated to carry out the
      purposes of this section $12,000,000 for fiscal year 1997, and
      such sums as may be necessary for succeeding fiscal years.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 4, formerly Sec. 3A, as added and
    renumbered Sec. 4, Pub. L. 100-532, title I, Sec. 102(a), title
    VIII, Sec. 801(q)(2)(A), Oct. 25, 1988, 102 Stat. 2655, 2683;
    amended Pub. L. 101-624, title XIV, Sec. 1493, Nov. 28, 1990, 104
    Stat. 3628; Pub. L. 102-237, title X, Sec. 1006(a)(4), (e), (f),
    Dec. 13, 1991, 105 Stat. 1895-1897; Pub. L. 104-170, title I, Sec.
    103, title II, Secs. 210(c)(2), (f)(1), 232, 237, title V, Sec.
    501, Aug. 3, 1996, 110 Stat. 1490, 1496, 1498, 1508, 1509, 1536;
    Pub. L. 107-73, title III, [(1)-(4)], Nov. 26, 2001, 115 Stat. 686;
    Pub. L. 108-7, div. K, title III, [(1)-(4)], Feb. 20, 2003, 117
    Stat. 513; Pub. L. 108-199, div. G, title V, Sec. 501(c), (d)(1),
    (e), Jan. 23, 2004, 118 Stat. 419, 422; Pub. L. 108-271, Sec. 8(b),
    July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this section, referred to in subsecs. (a),
    (c)(1), (2), and (e)(4)(A), is 60 days after Oct. 25, 1988. See
    Effective Date note below.
      Section 136a(c)(1)(D) of this title, referred to in subsecs.
    (e)(1)(I) and (h), was redesignated section 136a(c)(1)(F) of this
    title by Pub. L. 102-237, title X, Sec. 1006(a)(3)(B), Dec. 13,
    1991, 105 Stat. 1894.
      The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
    (g)(2)(A)(1), (E)(ii), 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.
      Subsection (i)(5)(C)(ii) of this section, referred to in subsec.
    (k)(5), was repealed and a new subsec. (i)(5)(C)(ii) was added by
    Pub. L. 108-199, div. G, title V, Sec. 501(c)(2), Jan. 23, 2004,
    118 Stat. 420.
      The Public Health Service Act, referred to in subsec. (n)(6), is
    act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is
    classified generally to chapter 6A (Sec. 201 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 201 of
    Title 42 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 4 of act June 25, 1947, which was classified to
    section 136b of this title was transferred to section 11(a)-(c) of
    act June 25, 1947, which is classified to section 136i(a)-(c) of
    this title.
      Another prior section 4 of act June 25, 1947, was classified to
    section 135b of this title prior to amendment of act June 25, 1947,
    by Pub. L. 92-516.

                                AMENDMENTS                            
      2004 - Subsec. (g)(2)(A). Pub. L. 108-199, Sec. 501(c)(5)(A),
    added subpar. (A) and struck out former subpar. (A) which read as
    follows: "Within 1 year after the submission of all data concerning
    an active ingredient of a pesticide under subsection (f) of this
    section, the Administrator shall determine whether pesticides
    containing such active ingredient are eligible for reregistration.
    For extraordinary circumstances, the Administrator may extend such
    period for not more than 1 additional year."
      Subsec. (g)(2)(B). Pub. L. 108-199, Sec. 501(c)(5)(B), inserted
    subpar. (B) and cl. (i) headings, designated first sentence of
    existing provisions as cl. (i), inserted cl. (ii) and subcl. (I)
    headings, designated second sentence of existing provisions as cl.
    (ii)(I), substituted "Subject to subclause (II), the Administrator"
    for "The Administrator" in subcl. (I), and added subcl. (II).
      Subsec. (g)(2)(D). Pub. L. 108-199, Sec. 501(c)(5)(C), inserted
    subpar. (D) and cl. (i) headings, designated existing provisions as
    cl. (i), and added cl. (ii).
      Subsec. (i)(5)(A). Pub. L. 108-199, Sec. 501(c)(1)(A), inserted
    subpar. (A) heading and substituted "for each registration" for "of
    - 
        "(i) $650 for the first registration; and
        "(ii) $1,300 for each additional registration".
      Subsec. (i)(5)(C). Pub. L. 108-199, Sec. 501(c)(2), struck out
    cl. (i) designation before "The amount of each", inserted subpar.
    (C) heading, substituted "aggregate amount of - " for "aggregate
    amount of $21,500,000 for fiscal year 2003.", added cls. (i) to
    (v), and struck out former cl. (ii), which related to collection of
    additional fees in fiscal years 1998, 1999, and 2000.
      Subsec. (i)(5)(D). Pub. L. 108-199, Sec. 501(c)(1)(B), inserted
    subpar. (D) heading, substituted "shall be - " for "shall be
    $55,000; and" and added subcls. (I) to (IV) in cl. (i), and
    substituted "shall be - " for "shall be $95,000." and added subcls.
    (I) to (IV) in cl. (ii).
      Subsec. (i)(5)(E)(i). Pub. L. 108-199, Sec. 501(c)(1)(C),
    inserted subpar. (E) and cl. (i) headings, realigned margins of
    subcls. (I) and (II), substituted "shall be - " for "shall be
    $38,500; and" and inserted items (aa) to (dd) in subcl. (I), and
    substituted "shall be - " for "shall be $66,500." and inserted
    items (aa) to (dd) in subcl. (II).
      Subsec. (i)(5)(E)(ii). Pub. L. 108-199, Sec. 501(c)(3), inserted
    cl. (ii) heading, redesignated existing provisions as subcl. (I),
    inserted subcl. (I) heading, substituted "In" for "For purposes of"
    in subcl. (I), redesignated former subcls. (I) and (II) as items
    (aa) and (bb) respectively, and realigned margins, substituted
    "500" for "150" in item (aa), substituted "global gross revenue
    from pesticides that did not exceed $60,000,000." for "gross
    revenue from chemicals that did not exceed $40,000,000." in item
    (bb), and added subcl. (II).
      Subsec. (i)(5)(H). Pub. L. 108-199, Sec. 501(c)(4), substituted
    "2008" for "2003".
      Subsec. (i)(6). Pub. L. 108-199, Sec. 501(d)(1), substituted
    "Except as provided in section 136w-8 of this title, during" for
    "During", and substituted "2010" for "2003".
      Subsec. (k)(2)(A)(i). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      Subsec. (k)(3). Pub. L. 108-199, Sec. 501(e)(1), substituted
    "Review of inert ingredients; expedited" for "Expedited" in par.
    heading.
      Subsec. (k)(3)(A). Pub. L. 108-199, Sec. 501(e)(2), substituted
    "2004 through 2006, approximately $3,300,000, and for each of
    fiscal years 2007 and 2008, between  1/8  and  1/7 , of the
    maintenance fees" for "1997 through 2003, not more than  1/10  of
    the maintenance fees", substituted "resources" for "resources to
    assure the expedited processing and review of any application
    that", added cl. (i), inserted cl. (ii) designation and
    introductory provisions, and redesignated former cls. (i) to (iii)
    as subcls. (I) to (III), respectively, of cl. (ii).
      2003 - Pub. L. 108-7, which directed the amendment of "Section
    136a-1 of title 7, U.S.C.", was executed by making the amendments
    to this section, which is section 4 of the Federal Insecticide,
    Fungicide, and Rodenticide Act, to reflect the probable intent of
    Congress. See below.
      Subsec. (i)(5)(C)(i). Pub. L. 108-7, [(1)], substituted
    "$21,500,000 for fiscal year 2003" for "$17,000,000 fiscal year
    2002".
      Subsec. (i)(5)(H). Pub. L. 108-7, [(2)], substituted "2003" for
    "2002".
      Subsec. (i)(6). Pub. L. 108-7, [(3)], substituted "2003" for
    "2002".
      Subsec. (k)(3)(A). Pub. L. 108-7, [(4)], substituted "2003" for
    "2002".
      2001 - Pub. L. 107-73, which directed the amendment of "Section
    136a-1 of title 7, U.S.C.", was executed by making the amendments
    to this section, which is section 4 of the Federal Insecticide,
    Fungicide, and Rodenticide Act, to reflect the probable intent of
    Congress. See below.
      Subsec. (i)(5)(C)(i). Pub. L. 107-73, [(1)], substituted
    "$17,000,000" for "$14,000,000" and "fiscal year 2002" for "each
    fiscal year".
      Subsec. (i)(5)(H). Pub. L. 107-73, [(2)], substituted "2002" for
    "2001".
      Subsec. (i)(6). Pub. L. 107-73, [(3)], substituted "2002" for
    "2001".
      Subsec. (k)(3)(A). Pub. L. 107-73, [(4)], substituted "2002" for
    "2001" and " 1/10 " for " 1/7 " in introductory provisions.
      1996 - Pub. L. 104-170, Sec. 501, which directed amendment of
    section 4 without specifying the name of the Act being amended, was
    executed to this section, which is section 4 of the Federal
    Insecticide, Fungicide, and Rodenticide Act, to reflect the
    probable intent of Congress.
      Subsec. (d)(4)(B). Pub. L. 104-170, Sec. 210(c)(2), inserted at
    end provisions authorizing extension of deadline for production of
    residue chemistry data in case of minor use and setting forth
    conditions to be met for such extension in cls. (i) to (iv).
      Subsec. (d)(6). Pub. L. 104-170, Sec. 210(f)(1)(A), inserted at
    end provisions delaying upon written request action with regard to
    unsupported minor uses, authorizing refusal of request where there
    are health or environmental concerns, authorizing publication of
    notice in Federal Register and monitoring of development of data,
    setting forth procedures where registrant is not meeting or has not
    met schedule for production of data, and authorizing denial,
    modification, or revocation of temporary extension where use may
    cause adverse effect on environment and requiring notice of such
    revocation to registrant.
      Subsec. (e)(2)(B). Pub. L. 104-170, Sec. 210(c)(2), inserted at
    end provisions authorizing extension of deadline for production of
    residue chemistry data in case of minor use and setting forth
    conditions to be met for such extension in cls. (i) to (iv).
      Subsec. (e)(3)(A). Pub. L. 104-170, Sec. 210(f)(1)(B), inserted
    at end provisions delaying upon written request action with regard
    to unsupported minor uses, authorizing refusal of request where
    there are health or environmental concerns, authorizing publication
    of notice in Federal Register and monitoring of development of
    data, setting forth procedures where registrant is not meeting or
    has not met schedule for production of data, and authorizing
    denial, modification, or revocation of temporary extension where
    use may cause adverse effect on environment and requiring notice of
    such revocation to registrant.
      Subsec. (f)(2)(B). Pub. L. 104-170, Sec. 210(c)(2), inserted at
    end provisions authorizing extension of deadline for production of
    residue chemistry data in case of minor use and setting forth
    conditions to be met for such extension in cls. (i) to (iv).
      Subsec. (f)(3). Pub. L. 104-170, Sec. 210(f)(1)(A), inserted at
    end provisions delaying upon written request action with regard to
    unsupported minor uses, authorizing refusal of request where there
    are health or environmental concerns, authorizing publication of
    notice in Federal Register and monitoring of development of data,
    setting forth procedures where registrant is not meeting or has not
    met schedule for production of data, and authorizing denial,
    modification, or revocation of temporary extension where use may
    cause adverse effect on environment and requiring notice of such
    revocation to registrant.
      Subsec. (g)(2)(E). Pub. L. 104-170, Sec. 103, added subpar. (E).
      Subsec. (i)(4)(B) to (D). Pub. L. 104-170, Sec. 232(1), added
    subpar. (B) and redesignated former subpars. (B) and (C) as (C) and
    (D), respectively.
      Subsec. (i)(5)(C). Pub. L. 104-170, Sec. 501(a)(2), designated
    existing provisions as cl. (i) and added cl. (ii).
      Subsec. (i)(5)(F), (G). Pub. L. 104-170, Sec. 232(2), added
    subpar. (F) and redesignated former subpar. (F) as (G).
      Subsec. (i)(5)(H). Pub. L. 104-170, Sec. 501(a)(1), substituted
    "2001" for "1997".
      Pub. L. 104-170, Sec. 232(2), redesignated subpar. (G) as (H).
      Subsec. (i)(6). Pub. L. 104-170, Sec. 501(a)(1), substituted
    "2001" for "1997".
      Subsec. (i)(7)(B). Pub. L. 104-170, Sec. 232(3), substituted ",
    to determine the registrant's eligibility" for "or to determine the
    registrant's eligibility" and inserted before period at end ", or
    to determine the volume usage for public health pesticides".
      Subsec. (k)(1). Pub. L. 104-170, Sec. 501(b), inserted "which
    shall be known as the Reregistration and Expedited Processing Fund"
    before period at end.
      Subsec. (k)(2). Pub. L. 104-170, Sec. 501(c), amended heading and
    text of par. (2) generally. Prior to amendment, text read as
    follows: "All fees collected by the Administrator under subsection
    (i) of this section shall be deposited into the fund and shall be
    available to the Administrator, without fiscal year limitation, to
    carry out reregistration and expedited processing of similar
    applications."
      Subsec. (k)(3)(A). Pub. L. 104-170, Sec. 501(d)(1), which
    directed the amendment of introductory provisions by substituting
    "for each of the fiscal years 1997 through 2001, not more than  1/7
     of the maintenance fees collected in such fiscal year" for "for
    each of the fiscal years 1992, 1993, and 1994,  1/7 th of the
    maintenance fees collected, up to 2 million each year", was
    executed by making the substitution for text which contained the
    phrase "$2 million", to reflect the probable intent of Congress.
      Subsec. (k)(3)(A)(iii). Pub. L. 104-170, Sec. 232(4), added cl.
    (iii).
      Subsec. (k)(3)(C). Pub. L. 104-170, Sec. 501(d)(2), added subpar.
    (C).
      Subsec. (k)(5). Pub. L. 104-170, Sec. 501(e), amended heading and
    text of par. (5) generally. Prior to amendment, text read as
    follows: "The Administrator shall - 
        "(A) provide an annual accounting of the fees collected and
      disbursed from the fund; and
        "(B) take all steps necessary to ensure that expenditures from
      such fund are used only to carry out this section."
      Subsec. (l). Pub. L. 104-170, Sec. 501(f), added subsec. (l).
    Former subsec. (l) redesignated (m).
      Subsec. (m). Pub. L. 104-170, Sec. 501(f), redesignated subsec.
    (l) as (m). Former subsec. (m) redesignated (n).
      Pub. L. 104-170, Sec. 237, added subsec. (m).
      Subsec. (n). Pub. L. 104-170, Sec. 501(f), redesignated subsec.
    (m) as (n).
      1991 - Subsec. (f)(3). Pub. L. 102-237, Sec. 1006(a)(4),
    realigned margin.
      Subsec. (i)(5). Pub. L. 102-237, Sec. 1006(e), amended par. (5)
    generally, substituting, in subpar. (A), provisions relating to
    January 15 for provisions relating to March 1, in subpar. (A)(i),
    provisions relating to fee of $650 for first registration for
    provisions relating to fee of $425 for each registration for
    registrants holding not more than 50 registrations, and in subpar.
    (A)(ii), provisions relating to fee of $1,300 for each additional
    registration up to 200 registrations, with no fee thereafter, for
    provisions relating to fee of $425 for each registration up to 50,
    $100 for each registration over 50, with no fee after 200
    registrations, redesignating provisions formerly set out in subpar.
    (A), following cl. (ii), as subpar. (B), and substituting
    provisions relating to fee under this par. for provisions relating
    to fee under this subpar., redesignating former subpar. (B) as (C),
    striking former subpar. (C), which set maximum annual fee for
    registrants under subpar. (A)(i) at $20,000, and for registrants
    under subpar. (A)(ii) at $35,000, adding subpars. (D) and (E), and
    redesignating former subpars. (D) and (E) as (F) and (G),
    respectively.
      Subsec. (k)(3)(A). Pub. L. 102-237, Sec. 1006(f), substituted
    "for each of the fiscal years 1992, 1993, and 1994,  1/7 th of the
    maintenance fees collected, up to $2 million each year" for "each
    fiscal year not more than $2,000,000 of the amounts in the fund".
      1990 - Subsec. (i)(5)(A). Pub. L. 101-624 inserted sentence at
    end relating to reduction or waiver of fee where pesticide is
    registered for minor agricultural use.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-199 effective on the date that is 60
    days after Jan. 23, 2004, except as otherwise provided, see section
    501(h) of Pub. L. 108-199, set out as a note under section 136a of
    this title.

                              EFFECTIVE DATE                          
      Section effective on expiration of 60 days after Oct. 25, 1988,
    see section 901 of Pub. L. 100-532, set out as an Effective Date of
    1988 Amendment note under section 136 of this title.

     ADJUSTMENT OF MAXIMUM ANNUAL FEE PAYABLE BY PESTICIDE REGISTRANTS 
      Pub. L. 108-11, title II, Apr. 16, 2003, 117 Stat. 603, provided
    that: "Within 30 days of enactment of this Act [Apr. 16, 2003], the
    Administrator of the Environmental Protection Agency shall adjust
    each 'maximum annual fee payable' pursuant to 7 U.S.C. 136a-
    1(i)(5)(D) and (E) in a manner such that maintenance fee
    collections made to reach the level authorized in division K of
    Public Law 108-7 [see Tables for classification] shall be
    established in the same proportion as those maintenance fee
    collections authorized in Public Law 107-73 [see Tables for
    classification]."

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

    (!2) See References in Text note below.

    (!3) So in original. Probably should be "Human".


-End-



-CITE-
    7 USC Sec. 136b                                             01/03/2007

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

-HEAD-
    Sec. 136b. Transferred

-COD-
                               CODIFICATION                           
      Section, act June 25, 1947, ch. 125, Sec. 4, as added Oct. 21,
    1972, Pub. L. 92-516, Sec. 2, 86 Stat. 983; amended Nov. 28, 1975,
    Pub. L. 94-140, Secs. 5, 11, 89 Stat. 753, 754; Sept. 30, 1978,
    Pub. L. 95-396, Sec. 9, 92 Stat. 827; Oct. 25, 1988, Pub. L. 100-
    532, title VIII, Sec. 801(c), (q)(1)(A), (B), 102 Stat. 2681,
    2683, which related to use of restricted use pesticides and
    certification of applicators, was transferred to subsecs. (a) to
    (c) of section 11 of act June 25, 1947, by section 801(q)(1)(A) of
    Pub. L. 100-532 and is classified to section 136i(a) to (c) of this
    title.

-End-



-CITE-
    7 USC Sec. 136c                                             01/03/2007

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

-HEAD-
    Sec. 136c. Experimental use permits

-STATUTE-
    (a) Issuance
      Any person may apply to the Administrator for an experimental use
    permit for a pesticide. The Administrator shall review the
    application. After completion of the review, but not later than one
    hundred and twenty days after receipt of the application and all
    required supporting data, the Administrator shall either issue the
    permit or notify the applicant of the Administrator's determination
    not to issue the permit and the reasons therefor. The applicant may
    correct the application or request a waiver of the conditions for
    such permit within thirty days of receipt by the applicant of such
    notification. The Administrator may issue an experimental use
    permit only if the Administrator determines that the applicant
    needs such permit in order to accumulate information necessary to
    register a pesticide under section 136a of this title. An
    application for an experimental use permit may be filed at any
    time.
    (b) Temporary tolerance level
      If the Administrator determines that the use of a pesticide may
    reasonably be expected to result in any residue on or in food or
    feed, the Administrator may establish a temporary tolerance level
    for the residue of the pesticide before issuing the experimental
    use permit.
    (c) Use under permit
      Use of a pesticide under an experimental use permit shall be
    under the supervision of the Administrator, and shall be subject to
    such terms and conditions and be for such period of time as the
    Administrator may prescribe in the permit.
    (d) Studies
      When any experimental use permit is issued for a pesticide
    containing any chemical or combination of chemicals which has not
    been included in any previously registered pesticide, the
    Administrator may specify that studies be conducted to detect
    whether the use of the pesticide under the permit may cause
    unreasonable adverse effects on the environment. All results of
    such studies shall be reported to the Administrator before such
    pesticide may be registered under section 136a of this title.
    (e) Revocation
      The Administrator may revoke any experimental use permit, at any
    time, if the Administrator finds that its terms or conditions are
    being violated, or that its terms and conditions are inadequate to
    avoid unreasonable adverse effects on the environment.
    (f) State issuance of permits
      Notwithstanding the foregoing provisions of this section, the
    Administrator shall, under such terms and conditions as the
    Administrator may by regulations prescribe, authorize any State to
    issue an experimental use permit for a pesticide. All provisions of
    section 136i of this title relating to State plans shall apply with
    equal force to a State plan for the issuance of experimental use
    permits under this section.
    (g) Exemption for agricultural research agencies
      Notwithstanding the foregoing provisions of this section, the
    Administrator may issue an experimental use permit for a pesticide
    to any public or private agricultural research agency or
    educational institution which applies for such permit. Each permit
    shall not exceed more than a one-year period or such other specific
    time as the Administrator may prescribe. Such permit shall be
    issued under such terms and conditions restricting the use of the
    pesticide as the Administrator may require. Such pesticide may be
    used only by such research agency or educational institution for
    purposes of experimentation.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 5, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 983; amended Pub. L. 94-140, Sec. 10, Nov.
    28, 1975, 89 Stat. 754; Pub. L. 95-396, Sec. 10, Sept. 30, 1978, 92
    Stat. 828; Pub. L. 100-532, title VIII, Sec. 801(d), (q)(1)(D),
    Oct. 25, 1988, 102 Stat. 2681, 2683; Pub. L. 102-237, title X, Sec.
    1006(b)(1), Dec. 13, 1991, 105 Stat. 1895.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 5 of act June 25, 1947, was classified to section
    135c of this title prior to amendment of act June 25, 1947, by Pub.
    L. 92-516.

                                AMENDMENTS                            
      1991 - Subsecs. (b), (e), (f). Pub. L. 102-237 substituted "the
    Administrator" for "he" before "may" in subsec. (b), before "finds"
    in subsec. (e), and before "may" in subsec. (f).
      1988 - Subsec. (f). Pub. L. 100-532, Sec. 801(q)(1)(D),
    substituted "136i" for "136b".
      Subsec. (g). Pub. L. 100-532, Sec. 801(d), substituted "require.
    Such pesticide" for "require: Provided, That such pesticide".
      1978 - Subsec. (a). Pub. L. 95-396, Sec. 10(1), provided for
    review of application, issuance or nonissuance of experimental use
    permit within prescribed period including reasons for denial,
    correction of application, and waiver of conditions and substituted
    provision for filing an application for experimental use permit at
    any time for prior provision for filing at the time of or before or
    after an application for registration is filed.
      Subsec. (f). Pub. L. 95-396, Sec. 10(2), substituted in first
    sentence "shall" for "may" where first appearing.
      1975 - Subsec. (g). Pub. L. 94-140 added subsec. (g).

                     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. 136d                                             01/03/2007

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

-HEAD-
    Sec. 136d. Administrative review; suspension

-STATUTE-
    (a) Existing stocks and information
      (1) Existing stocks
        The Administrator may permit the continued sale and use of
      existing stocks of a pesticide whose registration is suspended or
      canceled under this section, or section 136a or 136a-1 of this
      title, to such extent, under such conditions, and for such uses
      as the Administrator determines that such sale or use is not
      inconsistent with the purposes of this subchapter.
      (2) Information
        If at any time after the registration of a pesticide the
      registrant has additional factual information regarding
      unreasonable adverse effects on the environment of the pesticide,
      the registrant shall submit such information to the
      Administrator.
    (b) Cancellation and change in classification
      If it appears to the Administrator that a pesticide or its
    labeling or other material required to be submitted does not comply
    with the provisions of this subchapter or, when used in accordance
    with widespread and commonly recognized practice, generally causes
    unreasonable adverse effects on the environment, the Administrator
    may issue a notice of the Administrator's intent either - 
        (1) to cancel its registration or to change its classification
      together with the reasons (including the factual basis) for the
      Administrator's action, or
        (2) to hold a hearing to determine whether or not its
      registration should be canceled or its classification changed.

    Such notice shall be sent to the registrant and made public. In
    determining whether to issue any such notice, the Administrator
    shall include among those factors to be taken into account the
    impact of the action proposed in such notice on production and
    prices of agricultural commodities, retail food prices, and
    otherwise on the agricultural economy. At least 60 days prior to
    sending such notice to the registrant or making public such notice,
    whichever occurs first, the Administrator shall provide the
    Secretary of Agriculture with a copy of such notice and an analysis
    of such impact on the agricultural economy. If the Secretary
    comments in writing to the Administrator regarding the notice and
    analysis within 30 days after receiving them, the Administrator
    shall publish in the Federal Register (with the notice) 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 notice and
    analysis within 30 days after receiving them, the Administrator may
    notify the registrant and make public the notice at any time after
    such 30-day period notwithstanding the foregoing 60-day time
    requirement. The time requirements imposed by the preceding 3
    sentences may be waived or modified to the extent agreed upon by
    the Administrator and the Secretary. Notwithstanding any other
    provision of this subsection and section 136w(d) of this title, in
    the event that the Administrator determines that suspension of a
    pesticide registration is necessary to prevent an imminent hazard
    to human health, then upon such a finding the Administrator may
    waive the requirement of notice to and consultation with the
    Secretary of Agriculture pursuant to this subsection and of
    submission to the Scientific Advisory Panel pursuant to section
    136w(d) of this title and proceed in accordance with subsection (c)
    of this section. When a public health use is affected, the
    Secretary of Health and Human Services should provide available
    benefits and use information, or an analysis thereof, in accordance
    with the procedures followed and subject to the same conditions as
    the Secretary of Agriculture in the case of agricultural
    pesticides. The proposed action shall become final and effective at
    the end of 30 days from receipt by the registrant, or publication,
    of a notice issued under paragraph (1), whichever occurs later,
    unless within that time either (i) the registrant makes the
    necessary corrections, if possible, or (ii) a request for a hearing
    is made by a person adversely affected by the notice. In the event
    a hearing is held pursuant to such a request or to the
    Administrator's determination under paragraph (2), a decision
    pertaining to registration or classification issued after
    completion of such hearing shall be final. In taking any final
    action under this subsection, the Administrator shall consider
    restricting a pesticide's use or uses as an alternative to
    cancellation and shall fully explain the reasons for these
    restrictions, and shall include among those factors to be taken
    into account the impact of such final action 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 impact.
    (c) Suspension
      (1) Order
        If the Administrator determines that action is necessary to
      prevent an imminent hazard during the time required for
      cancellation or change in classification proceedings, the
      Administrator may, by order, suspend the registration of the
      pesticide immediately. Except as provided in paragraph (3), no
      order of suspension may be issued under this subsection unless
      the Administrator has issued, or at the same time issues, a
      notice of intention to cancel the registration or change the
      classification of the pesticide under subsection (b) of this
      section. Except as provided in paragraph (3), the Administrator
      shall notify the registrant prior to issuing any suspension
      order. Such notice shall include findings pertaining to the
      question of "imminent hazard". The registrant shall then have an
      opportunity, in accordance with the provisions of paragraph (2),
      for an expedited hearing before the Administrator on the question
      of whether an imminent hazard exists.
      (2) Expedite hearing
        If no request for a hearing is submitted to the Administrator
      within five days of the registrant's receipt of the notification
      provided for by paragraph (1), the suspension order may be issued
      and shall take effect and shall not be reviewable by a court. If
      a hearing is requested, it shall commence within five days of the
      receipt of the request for such hearing unless the registrant and
      the Administrator agree that it shall commence at a later time.
      The hearing shall be held in accordance with the provisions of
      subchapter II of chapter 5 of title 5, except that the presiding
      officer need not be a certified administrative law judge. The
      presiding officer shall have ten days from the conclusion of the
      presentation of evidence to submit recommended findings and
      conclusions to the Administrator, who shall then have seven days
      to render a final order on the issue of suspension.
      (3) Emergency order
        Whenever the Administrator determines that an emergency exists
      that does not permit the Administrator to hold a hearing before
      suspending, the Administrator may issue a suspension order in
      advance of notification to the registrant. The Administrator may
      issue an emergency order under this paragraph before issuing a
      notice of intention to cancel the registration or change the
      classification of the pesticide under subsection (b) of this
      section and the Administrator shall proceed to issue the notice
      under subsection (b) of this section within 90 days of issuing an
      emergency order. If the Administrator does not issue a notice
      under subsection (b) of this section within 90 days of issuing an
      emergency order, the emergency order shall expire. In the case of
      an emergency order, paragraph (2) shall apply except that (A) the
      order of suspension shall be in effect pending the expeditious
      completion of the remedies provided by that paragraph and the
      issuance of a final order on suspension, and (B) no party other
      than the registrant and the Administrator shall participate
      except that any person adversely affected may file briefs within
      the time allotted by the Agency's rules. Any person so filing
      briefs shall be considered a party to such proceeding for the
      purposes of section 136n(b) of this title.
      (4) Judicial review
        A final order on the question of suspension following a hearing
      shall be reviewable in accordance with section 136n of this
      title, notwithstanding the fact that any related cancellation
      proceedings have not been completed. Any order of suspension
      entered prior to a hearing before the Administrator shall be
      subject to immediate review in an action by the registrant or
      other interested person with the concurrence of the registrant in
      an appropriate district court, solely to determine whether the
      order of suspension was arbitrary, capricious or an abuse of
      discretion, or whether the order was issued in accordance with
      the procedures established by law. The effect of any order of the
      court will be only to stay the effectiveness of the suspension
      order, pending the Administrator's final decision with respect to
      cancellation or change in classification. This action may be
      maintained simultaneously with any administrative review
      proceedings under this section. The commencement of proceedings
      under this paragraph shall not operate as a stay of order, unless
      ordered by the court.
    (d) Public hearings and scientific review
      In the event a hearing is requested pursuant to subsection (b) of
    this section or determined upon by the Administrator pursuant to
    subsection (b) of this section, such hearing shall be held after
    due notice for the purpose of receiving evidence relevant and
    material to the issues raised by the objections filed by the
    applicant or other interested parties, or to the issues stated by
    the Administrator, if the hearing is called by the Administrator
    rather than by the filing of objections. Upon a showing of
    relevance and reasonable scope of evidence sought by any party to a
    public hearing, the Hearing Examiner shall issue a subpena to
    compel testimony or production of documents from any person. The
    Hearing Examiner shall be guided by the principles of the Federal
    Rules of Civil Procedure in making any order for the protection of
    the witness or the content of documents produced and shall order
    the payment of reasonable fees and expenses as a condition to
    requiring testimony of the witness. On contest, the subpena may be
    enforced by an appropriate United States district court in
    accordance with the principles stated herein. Upon the request of
    any party to a public hearing and when in the Hearing Examiner's
    judgment it is necessary or desirable, the Hearing Examiner shall
    at any time before the hearing record is closed refer to a
    Committee of the National Academy of Sciences the relevant
    questions of scientific fact involved in the public hearing. No
    member of any committee of the National Academy of Sciences
    established to carry out the functions of this section shall have a
    financial or other conflict of interest with respect to any matter
    considered by such committee. The Committee of the National Academy
    of Sciences shall report in writing to the Hearing Examiner within
    60 days after such referral on these questions of scientific fact.
    The report shall be made public and shall be considered as part of
    the hearing record. The Administrator shall enter into appropriate
    arrangements with the National Academy of Sciences to assure an
    objective and competent scientific review of the questions
    presented to Committees of the Academy and to provide such other
    scientific advisory services as may be required by the
    Administrator for carrying out the purposes of this subchapter. As
    soon as practicable after completion of the hearing (including the
    report of the Academy) but not later than 90 days thereafter, the
    Administrator shall evaluate the data and reports before the
    Administrator and issue an order either revoking the
    Administrator's notice of intention issued pursuant to this
    section, or shall issue an order either canceling the registration,
    changing the classification, denying the registration, or requiring
    modification of the labeling or packaging of the article. Such
    order shall be based only on substantial evidence of record of such
    hearing and shall set forth detailed findings of fact upon which
    the order is based.
    (e) Conditional registration
      (1) The Administrator shall issue a notice of intent to cancel a
    registration issued under section 136a(c)(7) of this title if (A)
    the Administrator, at any time during the period provided for
    satisfaction of any condition imposed, determines that the
    registrant has failed to initiate and pursue appropriate action
    toward fulfilling any condition imposed, or (B) at the end of the
    period provided for satisfaction of any condition imposed, that
    condition has not been met. The Administrator may permit the
    continued sale and use of existing stocks of a pesticide whose
    conditional registration has been canceled under this subsection to
    such extent, under such conditions, and for such uses as the
    Administrator may specify if the Administrator determines that such
    sale or use is not inconsistent with the purposes of this
    subchapter and will not have unreasonable adverse effects on the
    environment.
      (2) A cancellation proposed under this subsection shall become
    final and effective at the end of thirty days from receipt by the
    registrant of the notice of intent to cancel unless during that
    time a request for hearing is made by a person adversely affected
    by the notice. If a hearing is requested, a hearing shall be
    conducted under subsection (d) of this section. The only matters
    for resolution at that hearing shall be whether the registrant has
    initiated and pursued appropriate action to comply with the
    condition or conditions within the time provided or whether the
    condition or conditions have been satisfied within the time
    provided, and whether the Administrator's determination with
    respect to the disposition of existing stocks is consistent with
    this subchapter. A decision after completion of such hearing shall
    be final. Notwithstanding any other provision of this section, a
    hearing shall be held and a determination made within seventy-five
    days after receipt of a request for such hearing.
    (f) General provisions
      (1) Voluntary cancellation
        (A) A registrant may, at any time, request that a pesticide
      registration of the registrant be canceled or amended to
      terminate one or more pesticide uses.
        (B) Before acting on a request under subparagraph (A), the
      Administrator shall publish in the Federal Register a notice of
      the receipt of the request and provide for a 30-day period in
      which the public may comment.
        (C) In the case of a pesticide that is registered for a minor
      agricultural use, if the Administrator determines that the
      cancellation or termination of uses would adversely affect the
      availability of the pesticide for use, the Administrator - 
          (i) shall publish in the Federal Register a notice of the
        receipt of the request and make reasonable efforts to inform
        persons who so use the pesticide of the request; and
          (ii) may not approve or reject the request until the
        termination of the 180-day period beginning on the date of
        publication of the notice in the Federal Register, except that
        the Administrator may waive the 180-day period upon the request
        of the registrant or if the Administrator determines that the
        continued use of the pesticide would pose an unreasonable
        adverse effect on the environment.

        (D) Subject to paragraph (3)(B), after complying with this
      paragraph, the Administrator may approve or deny the request.
      (2) Publication of notice
        A notice of denial of registration, intent to cancel,
      suspension, or intent to suspend issued under this subchapter or
      a notice issued under subsection (c)(4) or (d)(5)(A) of section
      136a-1 of this title shall be published in the Federal Register
      and shall be sent by certified mail, return receipt requested, to
      the registrant's or applicant's address of record on file with
      the Administrator. If the mailed notice is returned to the
      Administrator as undeliverable at that address, if delivery is
      refused, or if the Administrator otherwise is unable to
      accomplish delivery of the notice to the registrant or applicant
      after making reasonable efforts to do so, the notice shall be
      deemed to have been received by the registrant or applicant on
      the date the notice was published in the Federal Register.
      (3) Transfer of registration of pesticides registered for minor
        agricultural uses
        In the case of a pesticide that is registered for a minor
      agricultural use:
          (A) During the 180-day period referred to in paragraph
        (1)(C)(ii), the registrant of the pesticide may notify the
        Administrator of an agreement between the registrant and a
        person or persons (including persons who so use the pesticide)
        to transfer the registration of the pesticide, in lieu of
        canceling or amending the registration to terminate the use.
          (B) An application for transfer of registration, in
        conformance with any regulations the Administrator may adopt
        with respect to the transfer of the pesticide registrations,
        must be submitted to the Administrator within 30 days of the
        date of notification provided pursuant to subparagraph (A). If
        such an application is submitted, the Administrator shall
        approve the transfer and shall not approve the request for
        voluntary cancellation or amendment to terminate use unless the
        Administrator determines that the continued use of the
        pesticide would cause an unreasonable adverse effect on the
        environment.
          (C) If the Administrator approves the transfer and the
        registrant transfers the registration of the pesticide, the
        Administrator shall not cancel or amend the registration to
        delete the use or rescind the transfer of the registration,
        during the 180-day period beginning on the date of the approval
        of the transfer unless the Administrator determines that the
        continued use of the pesticide would cause an unreasonable
        adverse effect on the environment.
          (D) The new registrant of the pesticide shall assume the
        outstanding data and other requirements for the pesticide that
        are pending at the time of the transfer.
      (4) Utilization of data for voluntarily canceled pesticide
        When an application is filed with the Administrator for the
      registration of a pesticide for a minor use and another
      registrant subsequently voluntarily cancels its registration for
      an identical or substantially similar pesticide for an identical
      or substantially similar use, the Administrator shall process,
      review, and evaluate the pending application as if the voluntary
      cancellation had not yet taken place except that the
      Administrator shall not take such action if the Administrator
      determines that such minor use may cause an unreasonable adverse
      effect on the environment. In order to rely on this subsection,
      the applicant must certify that it agrees to satisfy any
      outstanding data requirements necessary to support the
      reregistration of the pesticide in accordance with the data
      submission schedule established by the Administrator.
    (g) Notice for stored pesticides with canceled or suspended
      registrations
      (1) In general
        Any producer or exporter of pesticides, registrant of a
      pesticide, applicant for registration of a pesticide, applicant
      for or holder of an experimental use permit, commercial
      applicator, or any person who distributes or sells any pesticide,
      who possesses any pesticide which has had its registration
      canceled or suspended under this section shall notify the
      Administrator and appropriate State and local officials of - 
          (A) such possession,
          (B) the quantity of such pesticide such person possesses, and
          (C) the place at which such pesticide is stored.
      (2) Copies
        The Administrator shall transmit a copy of each notice
      submitted under this subsection to the regional office of the
      Environmental Protection Agency which has jurisdiction over the
      place of pesticide storage identified in the notice.
    (h) Judicial review
      Final orders of the Administrator under this section shall be
    subject to judicial review pursuant to section 136n of this title.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 6, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 984; amended Pub. L. 94-140, Sec. 1, Nov.
    28, 1975, 89 Stat. 751; Pub. L. 95-251, Sec. 2(a)(2), Mar. 27,
    1978, 92 Stat. 183; Pub. L. 95-396, Secs. 11, 12, Sept. 30, 1978,
    92 Stat. 828; Pub. L. 98-620, title IV, Sec. 402(4)(A), Nov. 8,
    1984, 98 Stat. 3357; Pub. L. 100-532, title II, Sec. 201, title IV,
    Sec. 404, title VIII, Sec. 801(e), (q)(2)(B), Oct. 25, 1988, 102
    Stat. 2668, 2673, 2681, 2683; Pub. L. 101-624, title XIV, Sec.
    1494, Nov. 28, 1990, 104 Stat. 3628; Pub. L. 102-237, title X, Sec.
    1006(a)(5), (b)(1), (2), (3)(C)-(E), Dec. 13, 1991, 105 Stat. 1895,
    1896; Pub. L. 104-170, title I, Secs. 102, 106(a), title II, Secs.
    210(g), (h), 233, Aug. 3, 1996, 110 Stat. 1489, 1491, 1500, 1509.)

-COD-
                               CODIFICATION                           
      "Subchapter II of chapter 5 of title 5", referred to in subsec.
    (c)(2), was in the original "subchapter II of Title 5", and was
    editorially changed to reflect the probable intent of Congress.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 6 of act June 25, 1947, was classified to section
    135d of this title prior to amendment of act June 25, 1947, by Pub.
    L. 92-516.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-170, Sec. 106(a)(1), substituted
    "Existing stocks and information" for "Cancellation after five
    years" in heading.
      Subsec. (a)(1). Pub. L. 104-170, Sec. 106(a)(2), amended heading
    and text generally. Prior to amendment, text read as follows: "The
    Administrator shall cancel the registration of any pesticide at the
    end of the five-year period which begins on the date of its
    registration (or at the end of any five year period thereafter)
    unless the registrant, or other interested person with the
    concurrence of the registrant, before the end of such period,
    requests in accordance with regulations prescribed by the
    Administrator that the registration be continued in effect. The
    Administrator may permit the continued sale and use of existing
    stocks of a pesticide whose registration is canceled under this
    subsection or subsection (b) of this section to such extent, under
    such conditions, and for such uses as the Administrator may specify
    if the Administrator determines that such sale or use is not
    inconsistent with the purposes of this subchapter and will not have
    unreasonable adverse effects on the environment. The Administrator
    shall publish in the Federal Register, at least 30 days prior to
    the expiration of such five-year period, notice that the
    registration will be canceled if the registrant or other interested
    person with the concurrence of the registrant does not request that
    the registration be continued in effect."
      Subsec. (b). Pub. L. 104-170, Sec. 233, inserted "When a public
    health use is affected, the Secretary of Health and Human Services
    should provide available benefits and use information, or an
    analysis thereof, in accordance with the procedures followed and
    subject to the same conditions as the Secretary of Agriculture in
    the case of agricultural pesticides." before "The proposed action
    shall become final".
      Subsec. (c)(1). Pub. L. 104-170, Sec. 102(a), amended second
    sentence generally. Prior to amendment, second sentence read as
    follows: "No order of suspension may be issued unless the
    Administrator has issued or at the same time issues notice of the
    Administrator's intention to cancel the registration or change the
    classification of the pesticide."
      Subsec. (c)(3). Pub. L. 104-170, Sec. 102(b), inserted after
    first sentence "The Administrator may issue an emergency order
    under this paragraph before issuing a notice of intention to cancel
    the registration or change the classification of the pesticide
    under subsection (b) of this section and the Administrator shall
    proceed to issue the notice under subsection (b) of this section
    within 90 days of issuing an emergency order. If the Administrator
    does not issue a notice under subsection (b) of this section within
    90 days of issuing an emergency order, the emergency order shall
    expire." and substituted "In the case of an emergency order" for
    "In that case".
      Subsec. (f)(1)(C)(ii). Pub. L. 104-170, Sec. 210(g)(1),
    substituted "180-day" for "90-day" in two places.
      Subsec. (f)(3)(A). Pub. L. 104-170, Sec. 210(g)(2), substituted
    "180-day" for "90-day".
      Subsec. (f)(4). Pub. L. 104-170, Sec. 210(h), added par. (4).
      1991 - Subsec. (a)(1). Pub. L. 102-237, Sec. 1006(b)(1),
    substituted "the Administrator" for "he" before "may specify" and
    before "determines".
      Subsec. (a)(2). Pub. L. 102-237, Sec. 1006(b)(3)(C), substituted
    "the registrant" for "he" before "shall".
      Subsec. (b). Pub. L. 102-237, Sec. 1006(b)(1), (2), substituted
    "the Administrator's" for "his" in introductory provisions and par.
    (1), and "the Administrator" for "he" before "shall publish" in
    last sentence.
      Subsec. (c)(1). Pub. L. 102-237, Sec. 1006(b)(1), (2),
    substituted "the Administrator" for "he" before "may" and "the
    Administrator's" for "his" before "intention".
      Subsec. (c)(3). Pub. L. 102-237, Sec. 1006(b)(1), (3)(D),
    substituted "the Administrator" for "he" before "may" and "the
    Administrator" for "him" after "permit".
      Subsec. (d). Pub. L. 102-237, Sec. 1006(b)(2), (3)(E), in
    penultimate sentence substituted "the Administrator's" for "his"
    and "the Administrator" for "him" before "and issue".
      Subsec. (f)(3)(B). Pub. L. 102-237, Sec. 1006(a)(5), substituted
    "adverse effect" for "adverse affect".
      1990 - Subsec. (f)(1). Pub. L. 101-624, Sec. 1494(1), amended
    par. (1) generally. Prior to amendment, par. (1) read as follows:
    "A registrant at any time may request that any of its pesticide
    registrations be canceled or be amended to delete one or more uses.
    Before acting on such request, the Administrator shall publish in
    the Federal Register a notice of the receipt of the request.
    Thereafter, the Administrator may approve such a request."
      Subsec. (f)(3). Pub. L. 101-624, Sec. 1494(2), added par. (3).
      1988 - Subsec. (a)(1). Pub. L. 100-532, Sec. 801(e)(1),
    substituted "effect. The Administrator" for "effect: Provided, That
    the Administrator".
      Subsec. (c). Pub. L. 100-532, Sec. 801(e)(2)-(4), in par. (1)
    directed that undesignated paragraph beginning "Except as provided"
    be run into sentence ending "of the pesticide." and substituted
    "before the Administrator" for "before the Agency", in par. (2)
    substituted "submitted to the Administrator" for "submitted to the
    Agency" and "and the Administrator" for "and the Agency", and in
    par. (3) substituted "(A)" for "(i)", "and the Administrator" for
    "and the Agency", and "(B)" for "(ii)".
      Subsec. (e). Pub. L. 100-532, Sec. 801(e)(5), (6), in par. (1),
    substituted "met. The Administrator" for "met: Provided, That the
    Administrator", and in par. (2), substituted "section. The only"
    for "section: Provided, That the only".
      Subsec. (f). Pub. L. 100-532, Sec. 201, added subsec. (f). Former
    subsec. (f) redesignated (h).
      Subsec. (f)(2). 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.
      Subsec. (g). Pub. L. 100-532, Sec. 404, added subsec. (g).
      Subsec. (h). Pub. L. 100-532, Sec. 201, redesignated former
    subsec. (f) as (h).
      1984 - Subsec. (c)(4). Pub. L. 98-620 struck out provisions
    requiring petitions to review orders on the issue of suspension to
    be advanced on the docket of the court of appeals.
      1978 - Subsec. (b). Pub. L. 95-396, Sec. 11, required the
    Administrator, in taking any final action under subsec. (b), to
    consider restricting a pesticide's use or uses as an alternative to
    cancellation and to fully explain the reasons for the restrictions.
      Subsec. (c)(2). Pub. L. 95-251 substituted "administrative law
    judge" for "hearing examiner".
      Subsecs. (e), (f). Pub. L. 95-396, Sec. 12, added subsec. (e) and
    redesignated former subsec. (e) as (f).
      1975 - Subsec. (b). Pub. L. 94-140 established criteria which
    Administrator must use in determining the issuance of a suspension
    of registration notice and the time periods relating to such
    notice, set forth required procedures to be followed by
    Administrator prior to publication of such notice, required
    procedures when the Secretary elects to comment or fails to comment
    on suspension notice, waiver or modification of time periods in
    specified required procedures, required procedures for waiver of
    notice and consent by Secretary for suspension of registration, and
    established criteria for Secretary taking any final action.

                     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.

-End-



-CITE-
    7 USC Sec. 136e                                             01/03/2007

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

-HEAD-
    Sec. 136e. Registration of establishments

-STATUTE-
    (a) Requirement
      No person shall produce any pesticide subject to this subchapter
    or active ingredient used in producing a pesticide subject to this
    subchapter in any State unless the establishment in which it is
    produced is registered with the Administrator. The application for
    registration of any establishment shall include the name and
    address of the establishment and of the producer who operates such
    establishment.
    (b) Registration
      Whenever the Administrator receives an application under
    subsection (a) of this section, the Administrator shall register
    the establishment and assign it an establishment number.
    (c) Information required
        (1) Any producer operating an establishment registered under
      this section shall inform the Administrator within 30 days after
      it is registered of the types and amounts of pesticides and, if
      applicable, active ingredients used in producing pesticides - 
          (A) which the producer is currently producing;
          (B) which the producer has produced during the past year; and
          (C) which the producer has sold or distributed during the
        past year.

      The information required by this paragraph shall be kept current
      and submitted to the Administrator annually as required under
      such regulations as the Administrator may prescribe.
        (2) Any such producer shall, upon the request of the
      Administrator for the purpose of issuing a stop sale order
      pursuant to section 136k of this title, inform the Administrator
      of the name and address of any recipient of any pesticide
      produced in any registered establishment which the producer
      operates.
    (d) Confidential records and information
      Any information submitted to the Administrator pursuant to
    subsection (c) of this section other than the names of the
    pesticides or active ingredients used in producing pesticides
    produced, sold, or distributed at an establishment shall be
    considered confidential and shall be subject to the provisions of
    section 136h of this title.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 7, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 987; amended Pub. L. 95-396, Sec. 13, Sept.
    30, 1978, 92 Stat. 829; Pub. L. 102-237, title X, Sec. 1006(b)(1),
    (3)(F), (G), Dec. 13, 1991, 105 Stat. 1895, 1896.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7 of act June 25, 1947, was classified to section
    135e of this title prior to amendment of act June 25, 1947, by Pub.
    L. 92-516.

                                AMENDMENTS                            
      1991 - Subsec. (b). Pub. L. 102-237, Sec. 1006(b)(1), substituted
    "the Administrator" for "he" before "shall".
      Subsec. (c)(1)(A) to (C). Pub. L. 102-237, Sec. 1006(b)(3)(F),
    substituted "the producer" for "he".
      Subsec. (c)(2). Pub. L. 102-237, Sec. 1006(b)(3)(G), substituted
    "the Administrator" for "him" after "inform" and "the producer" for
    "he".
      1978 - Subsec. (a). Pub. L. 95-396, Sec. 13(1), made requirement
    of registration applicable to production of active ingredient used
    in producing a pesticide subject to this subchapter.
      Subsec. (c)(1). Pub. L. 95-396, Sec. 13(2), required information
    pertaining to types and amounts of active ingredients used in
    producing pesticides where applicable.
      Subsec. (d). Pub. L. 95-396, Sec. 13(3), considered names of
    pesticides or active ingredients used in producing pesticides
    produced, sold, or distributed at an establishment as not being
    confidential information.

                              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. 136f                                             01/03/2007

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

-HEAD-
    Sec. 136f. Books and records

-STATUTE-
    (a) Requirements
      The Administrator may prescribe regulations requiring producers,
    registrants, and applicants for registration to maintain such
    records with respect to their operations and the pesticides and
    devices produced as the Administrator determines are necessary for
    the effective enforcement of this subchapter and to make the
    records available for inspection and copying in the same manner as
    provided in subsection (b) of this section. No records required
    under this subsection shall extend to financial data, sales data
    other than shipment data, pricing data, personnel data, and
    research data (other than data relating to registered pesticides or
    to a pesticide for which an application for registration has been
    filed).
    (b) Inspection
      For the purposes of enforcing the provisions of this subchapter,
    any producer, distributor, carrier, dealer, or any other person who
    sells or offers for sale, delivers or offers for delivery any
    pesticide or device subject to this subchapter, shall, upon request
    of any officer or employee of the Environmental Protection Agency
    or of any State or political subdivision, duly designated by the
    Administrator, furnish or permit such person at all reasonable
    times to have access to, and to copy: (1) all records showing the
    delivery, movement, or holding of such pesticide or device,
    including the quantity, the date of shipment and receipt, and the
    name of the consignor and consignee; or (2) in the event of the
    inability of any person to produce records containing such
    information, all other records and information relating to such
    delivery, movement, or holding of the pesticide or device. Any
    inspection with respect to any records and information referred to
    in this subsection shall not extend to financial data, sales data
    other than shipment data, pricing data, personnel data; and
    research data (other than data relating to registered pesticides or
    to a pesticide for which an application for registration has been
    filed). Before undertaking an inspection under this subsection, the
    officer or employee must present to the owner, operator, or agent
    in charge of the establishment or other place where pesticides or
    devices are held for distribution or sale, appropriate credentials
    and a written statement as to the reason for the inspection,
    including a statement as to whether a violation of the law is
    suspected. If no violation is suspected, an alternate and
    sufficient reason shall be given in writing. Each such inspection
    shall be commenced and completed with reasonable promptness.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 8, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 987; amended Pub. L. 95-396, Sec. 14, Sept.
    30, 1978, 92 Stat. 829; Pub. L. 100-532, title III, Sec. 301, Oct.
    25, 1988, 102 Stat. 2668; Pub. L. 102-237, title X, Sec.
    1006(b)(1), Dec. 13, 1991, 105 Stat. 1895.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8 of act June 25, 1947, was classified to section
    135f of this title prior to amendment of act June 25, 1947, by Pub.
    L. 92-516.

                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-237 substituted "the
    Administrator" for "he" before "determines".
      1988 - Subsec. (a). Pub. L. 100-532 inserted ", registrants, and
    applicants for registration" after "requiring producers" and "and
    to make the records available for inspection and copying in the
    same manner as provided in subsection (b) of this section" before
    period at end of first sentence.
      1978 - Subsec. (b). Pub. L. 95-396 required, in connection with
    inspection of records and information, the presentation of
    credentials, written statement as to the reason for inspection,
    including statement of suspected violation, or an alternative but
    sufficient reason, and commencement and completion of inspection
    with reasonable promptness.

                     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. 136g                                             01/03/2007

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

-HEAD-
    Sec. 136g. Inspection of establishments, etc.

-STATUTE-
    (a) In general
      (1) For purposes of enforcing the provisions of this subchapter,
    officers or employees of the Environmental Protection Agency or of
    any State duly designated by the Administrator are authorized to
    enter at reasonable times (A) any establishment or other place
    where pesticides or devices are held for distribution or sale for
    the purpose of inspecting and obtaining samples of any pesticides
    or devices, packaged, labeled, and released for shipment, and
    samples of any containers or labeling for such pesticides or
    devices, or (B) any place where there is being held any pesticide
    the registration of which has been suspended or canceled for the
    purpose of determining compliance with section 136q of this title.
      (2) Before undertaking such inspection, the officers or employees
    must present to the owner, operator, or agent in charge of the
    establishment or other place where pesticides or devices are held
    for distribution or sale, appropriate credentials and a written
    statement as to the reason for the inspection, including a
    statement as to whether a violation of the law is suspected. If no
    violation is suspected, an alternate and sufficient reason shall be
    given in writing. Each such inspection shall be commenced and
    completed with reasonable promptness. If the officer or employee
    obtains any samples, prior to leaving the premises, the officer or
    employee shall give to the owner, operator, or agent in charge a
    receipt describing the samples obtained and, if requested, a
    portion of each such sample equal in volume or weight to the
    portion retained. If an analysis is made of such samples, a copy of
    the results of such analysis shall be furnished promptly to the
    owner, operator, or agent in charge.
    (b) Warrants
      For purposes of enforcing the provisions of this subchapter and
    upon a showing to an officer or court of competent jurisdiction
    that there is reason to believe that the provisions of this
    subchapter have been violated, officers or employees duly
    designated by the Administrator are empowered to obtain and to
    execute warrants authorizing - 
        (1) entry, inspection, and copying of records for purposes of
      this section or section 136f of this title;
        (2) inspection and reproduction of all records showing the
      quantity, date of shipment, and the name of consignor and
      consignee of any pesticide or device found in the establishment
      which is adulterated, misbranded, not registered (in the case of
      a pesticide) or otherwise in violation of this subchapter and in
      the event of the inability of any person to produce records
      containing such information, all other records and information
      relating to such delivery, movement, or holding of the pesticide
      or device; and
        (3) the seizure of any pesticide or device which is in
      violation of this subchapter.
    (c) Enforcement
      (1) Certification of facts to Attorney General
        The examination of pesticides or devices shall be made in the
      Environmental Protection Agency or elsewhere as the Administrator
      may designate for the purpose of determining from such
      examinations whether they comply with the requirements of this
      subchapter. If it shall appear from any such examination that
      they fail to comply with the requirements of this subchapter, the
      Administrator shall cause notice to be given to the person
      against whom criminal or civil proceedings are contemplated. Any
      person so notified shall be given an opportunity to present the
      person's views, either orally or in writing, with regard to such
      contemplated proceedings, and if in the opinion of the
      Administrator it appears that the provisions of this subchapter
      have been violated by such person, then the Administrator shall
      certify the facts to the Attorney General, with a copy of the
      results of the analysis or the examination of such pesticide for
      the institution of a criminal proceeding pursuant to section
      136l(b) of this title or a civil proceeding under section 136l(a)
      of this title, when the Administrator determines that such action
      will be sufficient to effectuate the purposes of this subchapter.
      (2) Notice not required
        The notice of contemplated proceedings and opportunity to
      present views set forth in this subsection are not prerequisites
      to the institution of any proceeding by the Attorney General.
      (3) Warning notices
        Nothing in this subchapter shall be construed as requiring the
      Administrator to institute proceedings for prosecution of minor
      violations of this subchapter whenever the Administrator believes
      that the public interest will be adequately served by a suitable
      written notice of warning.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 9, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 988; amended Pub. L. 100-532, title III,
    Sec. 302, Oct. 25, 1988, 102 Stat. 2669; Pub. L. 102-237, title X,
    Sec. 1006(b)(1), (3)(H), (I), Dec. 13, 1991, 105 Stat. 1895, 1896.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 9 of act June 25, 1947, was classified to section
    135g of this title prior to amendment of act June 25, 1947, by Pub.
    L. 92-516.

                                AMENDMENTS                            
      1991 - Subsec. (a)(2). Pub. L. 102-237, Sec. 1006(b)(3)(H),
    substituted "the officer or employee" for "he" before "shall" in
    fourth sentence.
      Subsec. (c)(1). Pub. L. 102-237, Sec. 1006(b)(3)(I), substituted
    "the person's" for "his" in third sentence.
      Subsec. (c)(3). Pub. L. 102-237, Sec. 1006(b)(1), substituted
    "the Administrator" for "he" before "believes".
      1988 - Subsec. (a). Pub. L. 100-532, Sec. 302(a), substituted
    "(1) For purposes of" for "For purposes of", inserted "of the
    Environmental Protection Agency or of any State", substituted "at
    reasonable times (A)" for "at reasonable times,", added cl. (B),
    and substituted "(2) Before" for "Before".
      Subsec. (b)(1). Pub. L. 100-532, Sec. 302(b), amended par. (1)
    generally, substituting "entry, inspection, and copying of records
    for purposes of this section or section 136f of this title" for
    "entry for the purpose of 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                          
      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. 136h                                             01/03/2007

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

-HEAD-
    Sec. 136h. Protection of trade secrets and other information

-STATUTE-
    (a) In general
      In submitting data required by this subchapter, the applicant may
    (1) clearly mark any portions thereof which in the applicant's
    opinion are trade secrets or commercial or financial information
    and (2) submit such market material separately from other material
    required to be submitted under this subchapter.
    (b) Disclosure
      Notwithstanding any other provision of this subchapter and
    subject to the limitations in subsections (d) and (e) of this
    section, the Administrator shall not make public information which
    in the Administrator's judgment contains or relates to trade
    secrets or commercial or financial information obtained from a
    person and privileged or confidential, except that, when necessary
    to carry out the provisions of this subchapter, information
    relating to formulas of products acquired by authorization of this
    subchapter may be revealed to any Federal agency consulted and may
    be revealed at a public hearing or in findings of fact issued by
    the Administrator.
    (c) Disputes
      If the Administrator proposes to release for inspection
    information which the applicant or registrant believes to be
    protected from disclosure under subsection (b) of this section, the
    Administrator shall notify the applicant or registrant, in writing,
    by certified mail. The Administrator shall not thereafter make
    available for inspection such data until thirty days after receipt
    of the notice by the applicant or registrant. During this period,
    the applicant or registrant may institute an action in an
    appropriate district court for a declaratory judgment as to whether
    such information is subject to protection under subsection (b) of
    this section.
    (d) Limitations
      (1) All information concerning the objectives, methodology,
    results, or significance of any test or experiment performed on or
    with a registered or previously registered pesticide or its
    separate ingredients, impurities, or degradation products, and any
    information concerning the effects of such pesticide on any
    organism or the behavior of such pesticide in the environment,
    including, but not limited to, data on safety to fish and wildlife,
    humans and other mammals, plants, animals, and soil, and studies on
    persistence, translocation and fate in the environment, and
    metabolism, shall be available for disclosure to the public. The
    use of such data for any registration purpose shall be governed by
    section 136a of this title. This paragraph does not authorize the
    disclosure of any information that - 
        (A) discloses manufacturing or quality control processes,
        (B) discloses the details of any methods for testing,
      detecting, or measuring the quantity of any deliberately added
      inert ingredient of a pesticide, or
        (C) discloses the identity or percentage quantity of any
      deliberately added inert ingredient of a pesticide,

    unless the Administrator has first determined that disclosure is
    necessary to protect against an unreasonable risk of injury to
    health or the environment.
      (2) Information concerning production, distribution, sale, or
    inventories of a pesticide that is otherwise entitled to
    confidential treatment under subsection (b) of this section may be
    publicly disclosed in connection with a public proceeding to
    determine whether a pesticide, or any ingredient of a pesticide,
    causes unreasonable adverse effects on health or the environment,
    if the Administrator determines that such disclosure is necessary
    in the public interest.
      (3) If the Administrator proposes to disclose information
    described in clause (A), (B), or (C) of paragraph (1) or in
    paragraph (2) of this subsection, the Administrator shall notify by
    certified mail the submitter of such information of the intent to
    release such information. The Administrator may not release such
    information, without the submitter's consent, until thirty days
    after the submitter has been furnished such notice. Where the
    Administrator finds that disclosure of information described in
    clause (A), (B), or (C) of paragraph (1) of this subsection is
    necessary to avoid or lessen an imminent and substantial risk of
    injury to the public health, the Administrator may set such shorter
    period of notice (but not less than ten days) and such method of
    notice as the Administrator finds appropriate. During such period
    the data submitter may institute an action in an appropriate
    district court to enjoin or limit the proposed disclosure. The
    court may enjoin disclosure, or limit the disclosure or the parties
    to whom disclosure shall be made, to the extent that - 
        (A) in the case of information described in clause (A), (B), or
      (C) of paragraph (1) of this subsection, the proposed disclosure
      is not required to protect against an unreasonable risk of injury
      to health or the environment; or
        (B) in the case of information described in paragraph (2) of
      this subsection, the public interest in availability of the
      information in the public proceeding does not outweigh the
      interests in preserving the confidentiality of the information.
    (e) Disclosure to contractors
      Information otherwise protected from disclosure to the public
    under subsection (b) of this section may be disclosed to
    contractors with the United States and employees of such
    contractors if, in the opinion of the Administrator, such
    disclosure is necessary for the satisfactory performance by the
    contractor of a contract with the United States for the performance
    of work in connection with this subchapter and under such
    conditions as the Administrator may specify. The Administrator
    shall require as a condition to the disclosure of information under
    this subsection that the person receiving it take such security
    precautions respecting the information as the Administrator shall
    by regulation prescribe.
    (f) Penalty for disclosure by Federal employees
      (1) Any officer or employee of the United States or former
    officer or employee of the United States who, by virtue of such
    employment or official position, has obtained possession of, or has
    access to, material the disclosure of which is prohibited by
    subsection (b) of this section, and who, knowing that disclosure of
    such material is prohibited by such subsection, willfully discloses
    the material in any manner to any person not entitled to receive
    it, shall be fined not more than $10,000 or imprisoned for not more
    than one year, or both. Section 1905 of title 18 shall not apply
    with respect to the publishing, divulging, disclosure, or making
    known of, or making available, information reported or otherwise
    obtained under this subchapter. Nothing in this subchapter shall
    preempt any civil remedy under State or Federal law for wrongful
    disclosure of trade secrets.
      (2) For the purposes of this section, any contractor with the
    United States who is furnished information as authorized by
    subsection (e) of this section, or any employee of any such
    contractor, shall be considered to be an employee of the United
    States.
    (g) Disclosure to foreign and multinational pesticide producers
      (1) The Administrator shall not knowingly disclose information
    submitted by an applicant or registrant under this subchapter to
    any employee or agent of any business or other entity engaged in
    the production, sale, or distribution of pesticides in countries
    other than the United States or in addition to the United States or
    to any other person who intends to deliver such data to such
    foreign or multinational business or entity unless the applicant or
    registrant has consented to such disclosure. The Administrator
    shall require an affirmation from any person who intends to inspect
    data that such person does not seek access to the data for purposes
    of delivering it or offering it for sale to any such business or
    entity or its agents or employees and will not purposefully deliver
    or negligently cause the data to be delivered to such business or
    entity or its agents or employees. Notwithstanding any other
    provision of this subsection, the Administrator may disclose
    information to any person in connection with a public proceeding
    under law or regulation, subject to restrictions on the
    availability of information contained elsewhere in this subchapter,
    which information is relevant to a determination by the
    Administrator with respect to whether a pesticide, or any
    ingredient of a pesticide, causes unreasonable adverse effects on
    health or the environment.
      (2) The Administrator shall maintain records of the names of
    persons to whom data are disclosed under this subsection and the
    persons or organizations they represent and shall inform the
    applicant or registrant of the names and affiliations of such
    persons.
      (3) Section 1001 of title 18 shall apply to any affirmation made
    under paragraph (1) of this subsection.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 10, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 989; amended Pub. L. 95-396, Sec. 15, Sept.
    30, 1978, 92 Stat. 829; Pub. L. 98-620, title IV, Sec. 402(4)(B),
    Nov. 8, 1984, 98 Stat. 3357; Pub. L. 100-532, title VIII, Sec.
    801(f), Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102-237, title X,
    Sec. 1006(b)(1), (2), (3)(J), Dec. 13, 1991, 105 Stat. 1895, 1896.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10 of act June 25, 1947, was classified to
    section 135h of this title prior to amendment of act June 25, 1947,
    by Pub. L. 92-516.

                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-237, Sec. 1006(b)(3)(J),
    substituted "the applicant's" for "his".
      Subsec. (b). Pub. L. 102-237, Sec. 1006(b)(2), substituted "the
    Administrator's" for "his".
      Subsec. (c). Pub. L. 102-237, Sec. 1006(b)(1), substituted "the
    Administrator" for "he" before "shall notify".
      1988 - Subsec. (d). Pub. L. 100-532 in par. (1), substituted
    "public. The use" for "public: Provided, That the use" and "title.
    This paragraph" for "title: Provided further, That this paragraph",
    and in par. (3), "notice. Where" for "notice: Provided, That
    where".
      1984 - Subsec. (d)(3). Pub. L. 98-620 struck out provisions
    requiring the court to give expedited consideration to actions
    involving injunctions or limitations of proposed disclosure.
      1978 - Subsec. (b). Pub. L. 95-396, Sec. 15(1), made disclosure
    of information by the Administrator subject to the limitations of
    subsecs. (d) and (e) of this section.
      Subsecs. (d) to (g). Pub. L. 95-396, Sec. 15(2), added subsecs.
    (d) to (g).

                     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.

-End-



-CITE-
    7 USC Sec. 136i                                             01/03/2007

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

-HEAD-
    Sec. 136i. Use of restricted use pesticides; applicators

-STATUTE-
    (a) Certification procedure
      (1) Federal certification
        In any State for which a State plan for applicator
      certification has not been approved by the Administrator, the
      Administrator, in consultation with the Governor of such State,
      shall conduct a program for the certification of applicators of
      pesticides. Such program shall conform to the requirements
      imposed upon the States under the provisions of subsection (a)(2)
      of this section and shall not require private applicators to take
      any examination to establish competency in the use of pesticides.
      Prior to the implementation of the program, the Administrator
      shall publish in the Federal Register for review and comment a
      summary of the Federal plan for applicator certification and
      shall make generally available within the State copies of the
      plan. The Administrator shall hold public hearings at one or more
      locations within the State if so requested by the Governor of
      such State during the thirty days following publication of the
      Federal Register notice inviting comment on the Federal plan. The
      hearings shall be held within thirty days following receipt of
      the request from the Governor. In any State in which the
      Administrator conducts a certification program, the Administrator
      may require any person engaging in the commercial application,
      sale, offering for sale, holding for sale, or distribution of any
      pesticide one or more uses of which have been classified for
      restricted use to maintain such records and submit such reports
      concerning the commercial application, sale, or distribution of
      such pesticide as the Administrator may by regulation prescribe.
      Subject to paragraph (2), the Administrator shall prescribe
      standards for the certification of applicators of pesticides.
      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.

-End-



-CITE-
    7 USC Sec. 136i-1                                           01/03/2007

-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                                           01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 136l                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 136m                                             01/03/2007

-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
        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."

-End-



-CITE-
    7 USC Sec. 136n                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 136o                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 136p                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 136q                                             01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 136r                                             01/03/2007

-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".

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


-End-



-CITE-
    7 USC Sec. 136r-1                                           01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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".

-End-



-CITE-
    7 USC Sec. 136v                                             01/03/2007

-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
    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.

-End-



-CITE-
    7 USC Sec. 136w                                             01/03/2007

-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.)."

-End-



-CITE-
    7 USC Sec. 136w-1                                           01/03/2007

-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 34 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.

-End-



-CITE-
    7 USC Sec. 136w-2                                           01/03/2007

-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 35 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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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 34 and is classified to section 136x of this title.

-End-



-CITE-
    7 USC Sec. 136w-6                                           01/03/2007

-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 35 and is classified to section 136y of this title.

-End-



-CITE-
    7 USC Sec. 136w-7                                           01/03/2007

-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. 136w-8                                           01/03/2007

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

-HEAD-
    Sec. 136w-8. Pesticide registration service fees

-STATUTE-
    (a) Definition of costs
      In this section, the term "costs", when used with respect to
    review and decisionmaking pertaining to an application for which
    registration service fees are paid under this section, means - 
        (1) costs to the extent that - 
          (A) officers and employees provide direct support for the
        review and decisionmaking for covered pesticide applications,
        associated tolerances, and corresponding risk and benefits
        information and analyses;
          (B) persons and organizations under contract with the
        Administrator engage in the review of the applications, and
        corresponding risk and benefits information and assessments;
        and
          (C) advisory committees and other accredited persons or
        organizations, on the request of the Administrator, engage in
        the peer review of risk or benefits information associated with
        covered pesticide applications;

        (2) costs of management of information, and the acquisition,
      maintenance, and repair of computer and telecommunication
      resources (including software), used to support review of
      pesticide applications, associated tolerances, and corresponding
      risk and benefits information and analyses; and
        (3) costs of collecting registration service fees under
      subsections (b) and (c) of this section and reporting, auditing,
      and accounting under this section.
    (b) Fees
      (1) In general
        Effective beginning on the effective date of the Pesticide
      Registration Improvement Act of 2003, the Administrator shall
      assess and collect covered pesticide registration service fees in
      accordance with this section.
      (2) Covered pesticide registration applications
        (A) In general
          An application for the registration of a pesticide covered by
        this subchapter that is received by the Administrator on or
        after the effective date of the Pesticide Registration
        Improvement Act of 2003 shall be subject to a registration
        service fee under this section.
        (B) Existing applications
          (i) In general
            Subject to clause (ii), an application for the registration
          of a pesticide that was submitted to the Administrator before
          the effective date of the Pesticide Registration Improvement
          Act of 2003 and is pending on that effective date shall be
          subject to a service fee under this section if the
          application is for the registration of a new active
          ingredient that is not listed in the Registration Division
          2003 Work Plan of the Office of Pesticide Programs of the
          Environmental Protection Agency.
          (ii) Tolerance or exemption fees
            The amount of any fee otherwise payable for an application
          described in clause (i) under this section shall be reduced
          by the amount of any fees paid to support the related
          petition for a pesticide tolerance or exemption under the
          Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
        (C) Documentation
          An application subject to a registration service fee under
        this section shall be submitted with documentation certifying -
        
            (i) payment of the registration service fee; or
            (ii) a request for a waiver from or reduction of the
          registration service fee.
      (3) Schedule of covered applications and registration service
        fees
        (A) In general
          Not later than 30 days after the effective date of the
        Pesticide Registration Improvement Act of 2003, the
        Administrator shall publish in the Federal Register a schedule
        of covered pesticide registration applications and
        corresponding registration service fees.
        (B) Report
          Subject to paragraph (6), the schedule shall be the same as
        the applicable schedule appearing in the Congressional Record
        on pages S11631 through S11633, dated September 17, 2003.
      (4) Pending pesticide registration applications
        (A) In general
          An applicant that submitted a registration application to the
        Administrator before the effective date of the Pesticide
        Registration Improvement Act of 2003, but that is not required
        to pay a registration service fee under paragraph (2)(B), may,
        on a voluntary basis, pay a registration service fee in
        accordance with paragraph (2)(B).
        (B) Voluntary fee
          The Administrator may not compel payment of a registration
        service fee for an application described in subparagraph (A).
        (C) Documentation
          An application for which a voluntary registration service fee
        is paid under this paragraph shall be submitted with
        documentation certifying - 
            (i) payment of the registration service fee; or
            (ii) a request for a waiver from or reduction of the
          registration service fee.
      (5) Resubmission of pesticide registration applications
        If a pesticide registration application is submitted by a
      person that paid the fee for the application under paragraph (2),
      is determined by the Administrator to be complete, and is not
      approved or is withdrawn (without a waiver or refund), the
      submission of the same pesticide registration application by the
      same person (or a licensee, assignee, or successor of the person)
      shall not be subject to a fee under paragraph (2).
      (6) Fee adjustment
        Effective for a covered pesticide registration application
      received on or after October 1, 2005, the Administrator shall - 
          (A) increase by 5 percent the service fee payable for the
        application under paragraph (3); and
          (B) publish in the Federal Register the revised registration
        service fee schedule.
      (7) Waivers and reductions
        (A) In general
          An applicant for a covered pesticide registration may request
        the Administrator to waive or reduce the amount of a
        registration service fee payable under this section under the
        circumstances described in subparagraphs (D) through (G).
        (B) Documentation
          (i) In general
            A request for a waiver from or reduction of the
          registration service fee shall be accompanied by appropriate
          documentation demonstrating the basis for the waiver or
          reduction.
          (ii) Certification
            The applicant shall provide to the Administrator a written
          certification, signed by a responsible officer, that the
          documentation submitted to support the waiver or reduction
          request is accurate.
          (iii) Inaccurate documentation
            An application shall be subject to the applicable
          registration service fee payable under paragraph (3) if, at
          any time, the Administrator determines that - 
              (I) the documentation supporting the waiver or reduction
            request is not accurate; or
              (II) based on the documentation or any other information,
            the waiver or reduction should not have been granted or
            should not be granted.
        (C) Determination to grant or deny request
          As soon as practicable, but not later than 60 days, after the
        date on which the Administrator receives a request for a waiver
        or reduction of a registration service fee under this
        paragraph, the Administrator shall - 
            (i) determine whether to grant or deny the request; and
            (ii) notify the applicant of the determination.
        (D) Minor uses
          (i) In general
            The Administrator may waive or reduce a registration
          service fee for an application for minor uses for a
          pesticide.
          (ii) Supporting documentation
            An applicant requesting a waiver under this subparagraph
          shall provide supporting documentation that demonstrates, to
          the satisfaction of the Administrator, that anticipated
          revenues from the uses that are the subject of the
          application would be insufficient to justify imposition of
          the full application fee.
        (E) IR-4 waiver
          The Administrator shall waive the registration service fee
        for an application if the Administrator determines that - 
            (i) the application is solely associated with a tolerance
          petition submitted in connection with the Inter-Regional
          Project Number 4 (IR-4) as described in section 450i(e) of
          this title; and
            (ii) the waiver is in the public interest.
        (F) Small businesses
          (i) In general
            The Administrator shall waive 50 percent of the
          registration service fees payable by an entity for a covered
          pesticide registration application under this section if the
          entity is a small business (as defined in section 136a-
          1(i)(5)(E)(ii) of this title) at the time of application.
          (ii) Waiver of fees
            The Administrator shall waive all of the registration
          service fees payable by an entity under this section if the
          entity - 
              (I) is a small business (as defined in section 136a-
            1(i)(5)(E)(ii) of this title) at the time of application;
            and
              (II) has average annual global gross revenues described
            in section 136a-1(i)(5)(E)(ii)(I)(bb) of this title that
            does not exceed $10,000,000, at the time of application.
          (iii) Formation for waiver
            The Administrator shall not grant a waiver under this
          subparagraph if the Administrator determines that the entity
          submitting the application has been formed or manipulated
          primarily for the purpose of qualifying for the waiver.
          (iv) Documentation
            An entity requesting a waiver under this subparagraph shall
          provide to the Administrator - 
              (I) documentation demonstrating that the entity is a
            small business (as defined in section 136a-1(i)(5)(E)(ii)
            of this title) at the time of application; and
              (II) if the entity is requesting a waiver of all
            registration service fees payable under this section,
            documentation demonstrating that the entity has an average
            annual global gross revenues described in section 136a-
            1(i)(5)(E)(ii)(I)(bb) of this title that does not exceed
            $10,000,000, at the time of application.
        (G) Federal and State agency exemptions
          An agency of the Federal Government or a State government
        shall be exempt from covered registration service fees under
        this section.
      (8) Refunds
        (A) Early withdrawals
          If, during the first 60 days after the beginning of the
        applicable decision time review period under subsection (f)(3)
        of this section, a covered pesticide registration application
        is withdrawn by the applicant, the Administrator shall refund
        all but 10 percent of the total registration service fee
        payable under paragraph (3) for the application.
        (B) Withdrawals after the first 60 days of decision review time
          period
          (i) In general
            If a covered pesticide registration application is
          withdrawn after the first 60 days of the applicable decision
          time review period, the Administrator shall determine what
          portion, if any, of the total registration service fee
          payable under paragraph (3) for the application may be
          refunded based on the proportion of the work completed at the
          time of withdrawal.
          (ii) Timing
            The Administrator shall - 
              (I) make the determination described in clause (i) not
            later than 90 days after the date the application is
            withdrawn; and
              (II) provide any refund as soon as practicable after the
            determination.
        (C) Discretionary refunds
          (i) In general
            In the case of a pesticide registration application that
          has been filed with the Administrator and has not been
          withdrawn by the applicant, but for which the Administrator
          has not yet made a final determination, the Administrator may
          refund a portion of a covered registration service fee if the
          Administrator determines that the refund is justified.
          (ii) Basis
            The Administrator may provide a refund for an application
          under this subparagraph - 
              (I) on the basis that, in reviewing the application, the
            Administrator has considered data submitted in support of
            another pesticide registration application; or
              (II) on the basis that the Administrator completed
            portions of the review of the application before the
            effective date of this section.
        (D) Credited fees
          In determining whether to grant a refund under this
        paragraph, the Administrator shall take into account any
        portion of the registration service fees credited under
        paragraph (2) or (4).
    (c) Pesticide Registration Fund
      (1) Establishment
        There is established in the Treasury of the United States a
      Pesticide Registration Fund to be used in carrying out this
      section (referred to in this section as the "Fund"), consisting
      of - 
          (A) such amounts as are deposited in the Fund under paragraph
        (2);
          (B) any interest earned on investment of amounts in the Fund
        under paragraph (4); and
          (C) any proceeds from the sale or redemption of investments
        held in the Fund.
      (2) Deposits in Fund
        Subject to paragraph (4), the Administrator shall deposit fees
      collected under this section in the Fund.
      (3) Expenditures from Fund
        (A) In general
          Subject to subparagraphs (B) and (C) and paragraph (4), the
        Administrator may make expenditures from the Fund - 
            (i) to cover the costs associated with the review and
          decisionmaking pertaining to all applications for which
          registration service fees have been paid under this section;
          and
            (ii) to otherwise carry out this section.
        (B) Worker protection
          For each of fiscal years 2004 through 2008, the Administrator
        shall use approximately  1/17  of the amount in the Fund (but
        not more than $1,000,000, and not less than $750,000, for any
        fiscal year) to enhance current scientific and regulatory
        activities related to worker protection.
        (C) New inert ingredients
          For each of fiscal years 2004 and 2005, the Administrator
        shall use approximately  1/34  of the amount in the Fund (but
        not to exceed $500,000 for any fiscal year) for the review and
        evaluation of new inert ingredients.
      (4) Collections and appropriations Acts
        The fees authorized by this section and amounts deposited in
      the Fund - 
          (A) shall be collected and made available for obligation only
        to the extent provided in advance in appropriations Acts; and
          (B) shall be available without fiscal year limitation.
      (5) Unused funds
        Amounts in the Fund not currently needed to carry out this
      section shall be - 
          (A) maintained readily available or on deposit;
          (B) invested in obligations of the United States or
        guaranteed by the United States; or
          (C) invested in obligations, participations, or other
        instruments that are lawful investments for fiduciary, trust,
        or public funds.
    (d) Assessment of fees
      (1) Definition of covered functions
        In this subsection, the term "covered functions" means
      functions of the Office of Pesticide Programs of the
      Environmental Protection Agency, as identified in key programs
      and projects of the final operating plan for the Environmental
      Protection Agency submitted as part of the budget process for
      fiscal year 2002, regardless of any subsequent transfer of 1 or
      more of the functions to another office or agency or the
      subsequent transfer of a new function to the Office of Pesticide
      Programs.
      (2) Minimum amount of appropriations
        For fiscal years 2004, 2005, and 2006 only, registration
      service fees may not be assessed for a fiscal year under this
      section unless the amount of appropriations for salaries,
      contracts, and expenses for the functions (as in existence in
      fiscal year 2002) of the Office of Pesticide Programs of the
      Environmental Protection Agency for the fiscal year (excluding
      the amount of any fees appropriated for the fiscal year) are
      equal to or greater than the amount of appropriations for covered
      functions for fiscal year 2002 (excluding the amount of any fees
      appropriated for the fiscal year).
      (3) Use of fees
        Registration service fees authorized by this section shall be
      available, in the aggregate, only to defray increases in the
      costs associated with the review and decisionmaking for the
      review of pesticide registration applications and associated
      tolerances (including increases in the number of full-time
      equivalent positions in the Environmental Protection Agency
      engaged in those activities) over the costs for fiscal year 2002,
      excluding costs paid from fees appropriated for the fiscal year.
      (4) Compliance
        The requirements of paragraph (2) shall have been considered to
      have been met for any fiscal year if the amount of appropriations
      for salaries, contracts, and expenses for the functions (as in
      existence in fiscal year 2002) of the Office of Pesticide
      Programs of the Environmental Protection Agency for the fiscal
      year (excluding the amount of any fees appropriated for the
      fiscal year) is not more than 3 percent below the amount of
      appropriations for covered functions for fiscal year 2002
      (excluding the amount of any fees appropriated for the fiscal
      year).
      (5) Subsequent authority
        If the Administrator does not assess registration service fees
      under subsection (b) of this section during any portion of a
      fiscal year as the result of paragraph (2) and is subsequently
      permitted to assess the fees under subsection (b) of this section
      during the fiscal year, the Administrator shall assess and
      collect the fees, without any modification in rate, at any time
      during the fiscal year, notwithstanding any provisions of
      subsection (b) of this section relating to the date fees are to
      be paid.
    (e) Reforms to reduce decision time review periods
      To the maximum extent practicable consistent with the degrees of
    risk presented by pesticides and the type of review appropriate to
    evaluate risks, the Administrator shall identify and evaluate
    reforms to the pesticide registration process under this subchapter
    with the goal of reducing decision review periods in effect on the
    effective date of the Pesticide Registration Improvement Act of
    2003 for pesticide registration actions for covered pesticide
    registration applications (including reduced risk applications).
    (f) Decision time review periods
      (1) In general
        Not later than 30 days after the effective date of the
      Pesticide Registration Improvement Act of 2003, the Administrator
      shall publish in the Federal Register a schedule of decision
      review periods for covered pesticide registration actions and
      corresponding registration service fees under this subchapter.
      (2) Report
        The schedule shall be the same as the applicable schedule
      appearing in the Congressional Record on pages S11631 through
      S11633, dated September 17, 2003.
      (3) Applications subject to decision time review periods
        The decision time review periods specified in paragraph (1)
      shall apply to - 
          (A) covered pesticide registration applications subject to
        registration service fees under subsection (b)(2) of this
        section;
          (B) covered pesticide registration applications for which an
        applicant has voluntarily paid registration service fees under
        subsection (b)(4) of this section; and
          (C) covered pesticide registration applications listed in the
        Registration Division 2003 Work Plan of the Office of Pesticide
        Programs of the Environmental Protection Agency.
      (4) Start of decision time review period
        (A) In general
          Except as provided in subparagraphs (C), (D), and (E), in the
        case of a pesticide registration application accompanied by the
        registration service fee required under this section, the
        decision time review period begins 21 days after the date on
        which the Administrator receives the covered pesticide
        registration application.
        (B) Completeness of application
          In conducting an initial screening of an application, the
        Administrator shall determine - 
            (i) whether - 
              (I) the applicable registration service fee has been
            paid; or
              (II) the application contains a waiver or refund request;
            and

            (ii) whether the application - 
              (I) contains all necessary forms, data, draft labeling,
            and, documentation certifying payment of any registration
            service fee required under this section; or
              (II) establishes a basis for any requested waiver or
            reduction.
        (C) Applications with waiver or reduction requests
          (i) In general
            In the case of an application submitted with a request for
          a waiver or reduction of registration service fees under
          subsection (b)(7) of this section, the decision time review
          period shall be determined in accordance with this
          subparagraph.
          (ii) Request granted with no additional fees required
            If the Administrator grants the waiver or reduction request
          and no additional fee is required, the decision time review
          period begins on the earlier of - 
              (I) the date on which the Administrator grants the
            request; or
              (II) the date that is 60 days after the date of receipt
            of the application.
          (iii) Request granted with additional fees required
            If the Administrator grants the waiver or reduction
          request, in whole or in part, but an additional registration
          service fee is required, the decision time review period
          begins on the date on which the Administrator receives
          certification of payment of the applicable registration
          service fee.
          (iv) Request denied
            If the Administrator denies the waiver or reduction
          request, the decision time review period begins on the date
          on which the Administrator receives certification of payment
          of the applicable registration service fee.
        (D) Pending applications
          (i) In general
            The start of the decision time review period for
          applications described in clause (ii) shall be the date on
          which the Administrator receives certification of payment of
          the applicable registration service fee.
          (ii) Applications
            Clause (i) applies to - 
              (I) covered pesticide registration applications for which
            voluntary fees have been paid under subsection (b)(4) of
            this section; and
              (II) covered pesticide registration applications received
            on or after the effective date of the Pesticide
            Registration Improvement Act of 2003 but submitted without
            the applicable registration service fee required under this
            section due to the inability of the Administrator to assess
            fees under subsection (d)(1) of this section.
        (E) 2003 work plan
          In the case of a covered pesticide registration application
        listed in the Registration Division 2003 Work Plan of the
        Office of Pesticide Programs of the Environmental Protection
        Agency, the decision time review period begins on the date that
        is 30 days after the effective date of the Pesticide
        Registration Improvement Act of 2003.
      (5) Extension of decision time review period
        The Administrator and the applicant may mutually agree in
      writing to extend a decision time review period under this
      subsection.
    (g) Judicial review
      (1) In general
        Any applicant adversely affected by the failure of the
      Administrator to make a determination on the application of the
      applicant for registration of a new active ingredient or new use
      for which a registration service fee is paid under this section
      may obtain judicial review of the failure solely under this
      section.
      (2) Scope
        (A) In general
          In an action brought under this subsection, the only issue on
        review is whether the Administrator failed to make a
        determination on the application specified in paragraph (1) by
        the end of the applicable decision time review period required
        under subsection (f) of this section for the application.
        (B) Other actions
          No other action authorized or required under this section
        shall be judicially reviewable by a Federal or State court.
      (3) Timing
        (A) In general
          A person may not obtain judicial review of the failure of the
        Administrator to make a determination on the application
        specified in paragraph (1) before the expiration of the 2-year
        period that begins on the date on which the decision time
        review period for the application ends.
        (B) Meeting with Administrator
          To be eligible to seek judicial review under this subsection,
        a person seeking the review shall first request in writing, at
        least 120 days before filing the complaint for judicial review,
        a decision review meeting with the Administrator.
      (4) Remedies
        The Administrator may not be required or permitted to refund
      any portion of a registration service fee paid in response to a
      complaint that the Administrator has failed to make a
      determination on the covered pesticide registration application
      specified in paragraph (1) by the end of the applicable decision
      review period.
    (h) Accounting
      The Administrator shall - 
        (1) provide an annual accounting of the registration service
      fees paid to the Administrator and disbursed from the Fund, by
      providing financial statements in accordance with - 
          (A) the Chief Financial Officers Act of 1990 (Public Law 101-
        576; 104 Stat. 2838) and amendments made by that Act; and
          (B) the Government Management Reform Act of 1994 (Public Law
        103-356; 108 Stat. 3410) and amendments made by that Act;

        (2) provide an accounting describing expenditures from the Fund
      authorized under subsection (c) of this section; and
        (3) provide an annual accounting describing collections and
      expenditures authorized under subsection (d) of this section.
    (i) Auditing
      (1) Financial statements of agencies
        For the purpose of section 3515(c) of title 31, the Fund shall
      be considered a component of an executive agency.
      (2) Components
        The annual audit required under sections 3515(b) and 3521 of
      that title of the financial statements of activities under this
      section shall include an analysis of - 
          (A) the fees collected under subsection (b) of this section
        and disbursed;
          (B) compliance with subsection (f) of this section;
          (C) the amount appropriated to meet the requirements of
        subsection (d)(1) of this section; and
          (D) the reasonableness of the allocation of the overhead
        allocation of costs associated with the review and
        decisionmaking pertaining to applications under this section.
      (3) Inspector General
        The Inspector General of the Environmental Protection Agency
      shall - 
          (A) conduct the annual audit required under this subsection;
        and
          (B) report the findings and recommendations of the audit to
        the Administrator and to the appropriate committees of
        Congress.
    (j) Personnel levels
      All full-time equivalent positions supported by fees authorized
    and collected under this section shall not be counted against the
    agency-wide personnel level goals of the Environmental Protection
    Agency.
    (k) Reports
      (1) In general
        Not later than March 1, 2005, and each March 1 thereafter
      through March 1, 2009, the Administrator shall publish an annual
      report describing actions taken under this section.
      (2) Contents
        The report shall include - 
          (A) a review of the progress made in carrying out each
        requirement of subsections (e) and (f) of this section,
        including - 
            (i) the number of applications reviewed, including the
          decision times for each application specified in subsection
          (f) of this section;
            (ii) the number of actions pending in each category of
          actions described in subsection (f)(3) of this section, as
          well as the number of inert ingredients;
            (iii) to the extent determined appropriate by the
          Administrator and consistent with the authorities of the
          Administrator and limitations on delegation of functions by
          the Administrator, recommendations for - 
              (I) expanding the use of self-certification in all
            appropriate areas of the registration process;
              (II) providing for accreditation of outside reviewers and
            the use of outside reviewers to conduct the review of major
            portions of applications; and
              (III) reviewing the scope of use of the notification
            process to cover broader categories of registration
            actions; and

            (iv) the use of performance-based contracts, other
          contracts, and procurement to ensure that - 
              (I) the goals of this subchapter for the timely review of
            applications for registration are met; and
              (II) the registration program is administered in the most
            productive and cost effective manner practicable;

          (B) a description of the staffing and resources relating to
        the costs associated with the review and decisionmaking
        pertaining to applications; and
          (C) a review of the progress in meeting the timeline
        requirements of section 136a-1(g) of this title.
      (3) Method
        The Administrator shall publish a report required by this
      subsection by such method as the Administrator determines to be
      the most effective for efficiently disseminating the report,
      including publication of the report on the Internet site of the
      Environmental Protection Agency.
    (l) Savings clause
      Nothing in this section affects any other duties, obligations, or
    authorities established by any other section of this subchapter,
    including the right to judicial review of duties, obligations, or
    authorities established by any other section of this subchapter.
    (m) Termination of effectiveness
      (1) In general
        Except as provided in paragraph (2), the authority provided by
      this section terminates on September 30, 2008.
      (2) Phase out
        (A) Fiscal year 2009
          During fiscal year 2009, the requirement to pay and collect
        registration service fees applies, except that the level of
        registration service fees payable under this section shall be
        reduced 40 percent below the level in effect on September 30,
        2008.
        (B) Fiscal year 2010
          During fiscal year 2010, the requirement to pay and collect
        registration service fees applies, except that the level of
        registration service fees payable under this section shall be
        reduced 70 percent below the level in effect on September 30,
        2008.
        (C) September 30, 2010
          Effective September 30, 2010, the requirement to pay and
        collect registration service fees terminates.
        (D) Decision review periods
          (i) Pending applications
            In the case of an application received under this section
          before September 30, 2008, the application shall be reviewed
          in accordance with subsection (f) of this section.
          (ii) New applications
            In the case of an application received under this section
          on or after September 30, 2008, subsection (f) of this
          section shall not apply to the application.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 33, as added Pub. L. 108-199, div. G,
    title V, Sec. 501(f)(2), Jan. 23, 2004, 118 Stat. 422.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of the Pesticide Registration Improvement Act
    of 2003, and the effective date of this section, referred to in
    text, is the effective date of section 501 of Pub. L. 108-199,
    which is the date that is 60 days after Jan. 23, 2004, unless
    otherwise provided, see section 501(h) of Pub. L. 108-199, set out
    as an Effective Date of 2004 Amendment note under section 136a of
    this title.
      The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
    (b)(2)(B)(ii), 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.
      The Chief Financial Officers Act of 1990, referred to in subsec.
    (h)(1)(A), is Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For
    complete classification of this Act to the Code, see Short Title of
    1990 Amendment note set out under section 501 of Title 31, Money
    and Finance, and Tables.
      The Government Management Reform Act of 1994, referred to in
    subsec. (h)(1)(B), is Pub. L. 103-356, Oct. 13, 1994, 108 Stat.
    3410, as amended. For complete classification of this Act to the
    Code, see Short Title of 1994 Amendment note set out under section
    3301 of Title 31, Money and Finance, and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 33 of act June 25, 1947, ch. 125, was renumbered
    section 34 and is classified to section 136x of this title.

                              EFFECTIVE DATE                          
      Section effective on the date that is 60 days after Jan. 23,
    2004, except as otherwise provided, see section 501(h) of Pub. L.
    108-199, set out as an Effective Date of 2004 Amendment note under
    section 136a of this title.

-End-



-CITE-
    7 USC Sec. 136x                                             01/03/2007

-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. 34, 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; renumbered Sec. 34, Pub. L. 108-199, div. G,
    title V, Sec. 501(f)(1), Jan. 23, 2004, 118 Stat. 422.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 34 of act June 25, 1947, ch. 125, was renumbered
    section 35 and is classified to section 136y 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. 136y                                             01/03/2007

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

-HEAD-
    Sec. 136y. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated to carry out this
    subchapter (other than section 136u(a) of this title) - 
        (1) $83,000,000 for fiscal year 1989, of which not more than
      $13,735,500 shall be available for research under this
      subchapter;
        (2) $95,000,000 for fiscal year 1990, of which not more than
      $14,343,600 shall be available for research under this
      subchapter; and
        (3) $95,000,000 for fiscal year 1991, of which not more than
      $14,978,200 shall be available for research under this
      subchapter.

-SOURCE-
    (June 25, 1947, ch. 125, Sec. 35, formerly Sec. 27, as added Pub.
    L. 92-516, Sec. 2, Oct. 21, 1972, 86 Stat. 998; amended Pub. L. 94-
    51, July 2, 1975, 89 Stat. 257; Pub. L. 94-109, Oct. 10, 1975, 89
    Stat. 571; Pub. L. 94-140, Sec. 3, Nov. 28, 1975, 89 Stat. 752;
    renumbered Sec. 31 and amended Pub. L. 95-396, Secs. 24(1), 25,
    Sept. 30, 1978, 92 Stat. 836, 838; Pub. L. 96-539, Sec. 3, Dec. 17,
    1980, 94 Stat. 3195; Pub. L. 98-201, Sec. 2, Dec. 2, 1983, 97 Stat.
    1380; Pub. L. 99-198, title XVII, Sec. 1768, Dec. 23, 1985, 99
    Stat. 1656; Pub. L. 100-532, title VII, Sec. 701, Oct. 25, 1988,
    102 Stat. 2679; renumbered Sec. 34, Pub. L. 104-170, title I, Sec.
    121(1), Aug. 3, 1996, 110 Stat. 1492; renumbered Sec. 35, Pub. L.
    108-199, div. G, title V, Sec. 501(f)(1), Jan. 23, 2004, 118 Stat.
    422.)

-COD-
                               CODIFICATION                           
      Another section 1768 of Pub. L. 99-198 enacted sections 154a and
    159 and amended sections 151, 154, and 157 of Title 21, Food and
    Drugs.


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-532 amended section generally. Prior to
    amendment, section read as follows: "There is authorized to be
    appropriated to carry out this subchapter for the period beginning
    October 1, 1985, and ending September 30, 1986, $68,604,200 of
    which not more than $11,993,100 shall be available for research
    under this subchapter."
      1985 - Pub. L. 99-198 substituted provisions authorizing
    appropriations of $68,604,200 for fiscal year 1986 of which not
    more than $11,993,100 shall be available for research for former
    provisions which had authorized appropriations for fiscal years
    1973 through 1984.
      1983 - Pub. L. 98-201 authorized necessary appropriations for
    period beginning Oct. 1, 1983, and ending Sept. 30, 1984, not in
    excess of $64,200,000.
      1980 - Pub. L. 96-539 inserted provisions authorizing
    appropriations for period beginning Oct. 1, 1979, and ending Sept.
    30, 1980, and for period beginning Oct. 1, 1980, and ending Sept.
    30, 1981.
      1978 - Pub. L. 95-396, Sec. 25, substituted appropriations
    authorization of $46,636,000 for period beginning Oct. 1, 1976, and
    ending Sept. 30, 1977, for prior authorization of $23,600,000 for
    period beginning Oct. 1, 1976, and ending Mar. 31, 1977, and
    authorized appropriations of $54,500,000 for period beginning Oct.
    1, 1977, and ending Sept. 30, 1978, and such sums as may be
    necessary, limited to $70,000,000, for period beginning Oct. 1,
    1978, and ending Sept. 30, 1979.
      1975 - Pub. L. 94-140 authorized appropriation of $47,868,000 to
    carry out provisions of this subchapter for period beginning Oct.
    1, 1975, and ending Sept. 30, 1976, and $23,600,000 for period
    beginning Oct. 1, 1976, and ending Mar. 31, 1977.
      Pub. L. 94-109 inserted provisions authorizing appropriation of
    $5,983,500 for period beginning Oct. 1, 1975 and ending Nov. 15,
    1975.
      Pub. L. 94-51 authorized appropriation of $11,967,000 to carry
    out provisions of this subchapter for period beginning July 1,
    1975, and ending Sept. 30, 1975.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 701 of Pub. L. 100-532 provided that amendment made by
    Pub. L. 100-532 is effective Oct. 1, 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.

-End-