Page 249 TITLE 7—AGRICULTURE § 136s

1 So in original. Probably should be ‘‘incidental’’. ment in coordination with the Secretary of Ag

riculture. The Administrator shall also take
care to ensure that such research does not dupli

cate research being undertaken by any other
Federal agency.

(b) National monitoring plan

The Administrator shall formulate and peri

odically revise, in cooperation with other Fed

eral, State, or local agencies, a national plan for
monitoring pesticides.

(c) Monitoring

The Administrator shall undertake such mon

itoring activities, including, but not limited to
monitoring in air, soil, water, man, plants, and
animals, as may be necessary for the implemen

tation 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 identifica

tion of the sources of contamination and their
relationship to human and environmental ef

fects. Such activities shall be carried out in co

operation 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.)

A MENDMENTS

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 de

velop biologically integrated alternatives for pest con

trol’’.
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.

E FFECTIVE D ATE

For effective date of section, see section 4 of Pub. L.

92–516, set out as a note under section 136 of this title.

A VAILABILITY OF G RANTS

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 Fed

eral 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, monitor

ing, public education, training, demonstrations, and

studies’’.

§ 136r–1. Integrated Pest Management

The Secretary of Agriculture, in cooperation
with the Administrator, shall implement re

search, demonstration, and education programs
to support adoption of Integrated Pest Manage

ment. Integrated Pest Management is a sustain

able 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 Agri

culture and the Administrator shall make infor

mation 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 procure

ment and regulatory policies, and other activi

ties.

(Pub. L. 104–170, title III, §303, Aug. 3, 1996, 110
Stat. 1512.)

C ODIFICATION

Section was enacted as part of the Food Quality Pro

tection Act of 1996, and not as part of the Federal Insec

ticide, Fungicide, and Rodenticide Act which comprises

this subchapter.

§ 136s. Solicitation of comments; notice of public hearings

(a) Secretary of Agriculture

The Administrator, before publishing regula

tions under this subchapter, shall solicit the
views of the Secretary of Agriculture in accord

ance with the procedure described in section
136w(a) of this title.

(b) Secretary of Health and Human Services

The Administrator, before publishing regula

tions 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 con

nection with the suspension or cancellation of a
pesticide registration or any other actions au

thorized under this subchapter, the Adminis

trator 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.)

A MENDMENTS

1996—Subsecs. (b) to (d). Pub. L. 104–170 added subsec.

(b) and redesignated former subsecs. (b) and (c) as (c)

and (d), respectively.