Page 249 TITLE 7—AGRICULTURE § 136s

1So in original. Probably should be ‘‘incidental’’.

ment 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.

(June 25, 1947, ch. 125, §20, as added Pub. L.

92–516, §2, Oct. 21, 1972, 86 Stat. 996; amended

Pub. L. 95–396, §20, Sept. 30, 1978, 92 Stat. 834;

Pub. L. 102–237, title X, §1006(a)(10), (b)(1), Dec.

13, 1991, 105 Stat. 1895.)

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, §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, §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’’.

§ 136r–1. Integrated Pest Management

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.

(Pub. L. 104–170, title III, §303, Aug. 3, 1996, 110

Stat. 1512.)

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.

§ 136s. Solicitation of comments; notice of public

hearings

(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.

(June 25, 1947, ch. 125, §21, as added Pub. L.

92–516, §2, Oct. 21, 1972, 86 Stat. 996; amended

Pub. L. 94–140, §2(b), Nov. 28, 1975, 89 Stat. 752;

Pub. L. 100–532, title VIII, §801(l), Oct. 25, 1988,

102 Stat. 2682; Pub. L. 102–237, title X, §1006(b)(1),

(2), Dec. 13, 1991, 105 Stat. 1895; Pub. L. 104–170,

title II, §234, Aug. 3, 1996, 110 Stat. 1509.)

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.