An Act to extend the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, and for other purposes.
PL 94-140 (H.R.8841), enacted 11/28/1975

PUBLIC LAW 94-140—NOV. 28, 1975 
89 STAT. 751 
Public Law 94-140 
94th Congress 
An Act 
To extend the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 
and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled^ That section 6(b) 
of the Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended, is amended— 
(1) by inserting the following new sentences immediately after 
the second sentence thereof: "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 com-
modities, 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 Secre-
tary 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 require-
ment. 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 pro-
vision of this subsection (b) and section 25(d), in the event that 
the Administrator determines that suspension of a pesticide regis-
tration 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 subsection (b) and of submission to 
the Scientific Advisory Panel pursuant to section 25(d) and 
proceed in accordance with subsection (c)."; and 
(2) by adding the following new sentence at the end of such 
section 6(b) : "In taking any final action under this subsection, 
the Administrator 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 other-
wise on the agricultural economy, and he shall publish in the 
Federal Register an analysis of such impact.". 
SEC. 2. (a) Section 25(a) of the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended, is amended— 
(1) by inserting "(1)" immediately after "(a)"; 
(2) by inserting ", in accordance with the procedure described 
in paragraph (2)," immediately after "is authorized" in the first 
sentence; and 
Nov. 28. 1975 
[H.R. 8841] 
Federal 
Insecticide, 
Fungicide, and 
Rodenticide: Act, 
extension. 
7 u s e 136d. 
Publication in 
Federal Register. 
Ante, p. 753. 
7 u s e 136w. 
89 STAT. 752 
PUBLIC LAW 94-140—NOV. 28, 1975 
Publication in 
Federal Register. 
(3) by adding the following new paragraph at the end thereof: 
"(2) 
PROCEDURE.— 
"(A) PROPOSED REGULATIONS.—At least 60 days prior to sign-
ing any proposed regulation for publication in the Federal 
Register, the Administrator shall provide the Secretary of Agri-
Publication in 
culture with a copy of such regulation. If the Secretary comments 
Federal Register. 
j ^ 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 com-
ments 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 regu-
lation 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 Reg-
ister, the Administrator shall provide the Secretary of Agricul-
ture with a copy of such regulation. If the Secretary comments 
in writing to the Administrator regarding any such final regu-
lation 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. 
"(C) T I M E 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 I N THE FEDERAL REGISTER.—The Adminis-
trator 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.", 
(b) Section 21 (a) of such Act is amended by inserting the following 
immediately before the period: "in accordance with the procedure 
described in section 25 (a)". 
SEC. 3. Section 27 of the Federal Insecticide, Fungicide, and Roden-
ticide Act, as amended, is amended by adding at the end thereof the 
following: 
"There are hereby authorized to be appropriated to carry out the 
provisions of this Act for the period beginning October 1, 1975, and 
ending September 30, 1976, the sum of $47,868,000, and for the period 
beginning October 1, 1976, and ending March 31, 1977, the sum of 
$23,600,000.". 
SEC. 4. Section 4 of the Federal Environmental Pesticide Control 
7 use 136 note. 
Act of 1972 is amended— 
(i) In subsection (b) by striking the words "four years" and 
inserting in lieu thereof the words "five years"; 
(ii) In paragraph (c) (2) by striking the words "four years" 
and inserting in lieu thereof the words "five years"; 
(iii) In paragraph (c) (3) by striking the words "four years" 
and inserting in lieu thereof the words "five years"; 
Waiver or 
modification. 
7 u s e 136s. 
7 u s e 136w. 
Appropriation 
authorization. 
7 u s e 136y. 
PUBLIC LAW 94-140—NOV. 28, 1975 
89 STAT. 753 
(iv) In paragraph (c) (4) by striking the words "four years" 
and inserting in lieu thereof the words "five years"; and 
(v) In paragraph (c)(4)(B) by striking the words "three 
years" and inserting in lieu thereof the words "four years". 
SEC. 5. Section 4 of the Federal Insecticide, Fungicide, and Roden-
ticide Act, as amended, is amended by deleting the period at the end 
of subsection (a) (1) and inserting the following: " : Provided^ 
how-
ever^ That the certification standard for a private applicator shall, 
under a State plan submitted for approval, be deemed fulfilled by 
his completing a certification form. The Administrator shall further 
assure that such form contains adequate information and affirmations 
to carry out the intent of this Act, and may include in the form an 
affirmation that the private applicator has completed a training pro-
gram 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 com-
petency 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 him.". 
SEC. 6. Section 25(a) of the Federal Insecticide, Fungicide, and 
Rodenticide Act, as amended, is amended by adding a new para-
graph (3) at the end thereof as follows: 
"(3) CONGRESSIONAL COMMITTEES.—At such time as the Adminis-
trator 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, he shall also furnish a copy 
of such regulations to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture and Forestry of 
the Senate." 
SEC. 7. Section 25 of the Federal Insecticide, Fungicide, and Roden-
ticide Act is amended by the addition at the end thereof of the follow-
ing new subsection (d) : 
"(d) 
SCIENTIFIC ADVISORY PANEL.—The Administrator shall sub-
mit 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 6(b) and of the proposed and final form of regulations 
issued under section 25(a) within the same time periods as provided 
for the comments of the Secretary of Agriculture under such sections. 
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 6(b) or 25(a), as applicable, 
the advisory panel has failed to comment on the proposed action with-
in the prescribed time period or has agreed to the modification or 
waiver. The comments of the advisory panel 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 panel referred to in this sub-
section shall consist of seven members appointed by the Administrator 
from a list of 12 nominees, six nominated by the National Institutes 
of Health, and six by the National Science Foundation. The Admin-
istrator may require such information from the nominees to the 
advisory panel as he deems necessary, and he shall publish in the Fed-
eral Register the name, address, and professional affiliations of each 
nominee. Each member of the panel shall receive per diem compen-
sation 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 Fed-
7 use 136b. 
7 use 136vr. 
7 use 136v^. 
7 use 136d. 
7 use 136w. 
Publication m 
Federal Register. 
Members. 
Publication in 
Federal Register. 
Compensation. 
5 u s e 5332 note. 
89 STAT. 754 
PUBLIC LAW 94-140—NOV. 28, 1975 
Regulations. 
Consultation, 
use 136p. 
7 use 136. 
7 use 136c. 
7 use 136b. 
7 use 136u. 
eral 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 Admin-
istrator shall promulgate regulations regarding conflicts of interest 
with respect to the members of the panel.". 
SEC. 8. Section 18 of the Federal Insecticide, Fungicide, and Roden-
ticide Act, as amended, is amended by adding at the end thereof the 
following new sentence: 
"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." 
SEC. 9. Section 2(u) of the Federal Insecticide, Fungicide, and 
Rodenticide Act, as amended, is hereby amended to read as follows: 
"(u) PESTICIDE.—The term 'pesticide' means (1) any substance or 
mixture of substances intended for preventing, destroying, repelling, 
or mitigating any pest, and (2) any substance or mixture of sub-
stances intended for use as a plant regulator, defoliant, or desiccant: 
Provided^ 
That the term 'pesticide' shall not include any article 
(1) (a) that is a 'new animal drug' within the meaning of section 
201 (w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321 ( w ) ) , or (b) that has been determined by the Secretary of Health, 
Education, and Welfare not to be a new animal drug by a regulation 
establishing conditions of use for the article, or (2) that is an animal 
feed within the meaning of section 201 (x) of such Act (21 U.S.C. 
321 (x)) bearing or containing an article covered by clause (1) of this 
proviso." 
SEC. 10. Section 5 of the Federal Insecticide, Fungicide, and Roden-
ticide Act, as amended, is amended by adding at the end thereof the 
following new subsection: 
"(g) 
EXEMPTION FOR AGRICULTURAL RESEARCH AGENCIES.—Not-
withstanding the foregoing provisions of this section, the Adminis-
trator may issue an experimental use permit for a pesticide to any 
public or private agricultural research agency or educational institu-
tion 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 Admin-
istrator may require: Provided, 
That such pesticide may be used 
only by such research agency or educational institution for purposes 
of experimentation." 
SEC. 11. Section 4 of the Federal Insecticide, Fungicide, and Roden-
ticide Act, as amended, is amended by adding at the end thereof the 
following new subsection: 
"(c) 
INSTRUCTION IN INTEGRATED PEST MANAGEMENT TECHNIQUES.— 
Standards prescribed by the Administrator for the certification of 
applicators of pesticides under subsection (a), and State plans sub-
mitted to the Administrator under subsections (a) and (b), shall 
include provisions for making instructional materials concerning inte-
grated pest management techniques available to individuals at their 
request in accordance with the provisions of section 23(c) of this Act, 
but such plans may not require that any individual receive instruction 
concerning such techniques or be shown to be competent with respect 
to the use of such techniques. The Administrator and States imple-
menting such plans shall provide that all interested individuals are 
notified of the availability of such instructional materials." 
PUBLIC LAW 94-140—NOV. 28, 1975 
89 STAT. 755 
SEC. 12. Section 3(c) (1) (D) of the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended, is amended to read as follows: 
"(D) 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 10(b). This provision with regard to com-
pensation 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 ter-ms and condi-
tions as may be reasonable under the circumstances. The Admin-
istrator'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 pay-
ment, or both. Registration shall not be delayed pending the 
determination of reasonable compensation between the applicants, 
by the Administrator or by the court.". 
Approved November 28, 1975. 
7 u s e 136a. 
Test data. 
7 u s e 136h. 
Notice and 
hearing. 
Appeal. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-497 (Comm. on Agriculture) and No. 94-668 (Coram, of 
Conference). 
SENATE REPORT No. 94-452 (Coram, on Agriculture and Forestry). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
Sept. 26, Oct. 3, 9, considered and passed House. 
Nov. 12, considered and passed Senate, araended. 
Nov. 18, House agreed to conference report. 
Nov. 19, Senate agreed to conference report.