Federal Pesticide Act
PL 95-396 (S.1678), enacted 09/30/1978

PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 819 
Public Law 95-396 
95th Congress 
An Act 
To amend the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ 
DEFINITIONS 
Sept. 30, 1978 
[S. 1678] 
Federal Pesticide 
Act of 1978. 
SECTION 1. Section 2 of the Federal Insecticide, Fungicide, and 
Eodenticide Act is amended by— 
7 USC 136. 
(1) adding at the end of subsection (e) (1) the following: "Any 
applicator who holds or applies registered pesticides, or use dilu-
tions of registered pesticides consistent with section 2(ee) of this 
Act, only to provide a service of controlling pests without deliver-
ing any unapplied pesticide to any person so served is not deemed 
to be a seller or distributor of pesticides under this Act."; 
(2) in subsection (e) (3), striking out "a certified" and insert-
ing in lieu thereof "an"; 
(3) in subsection (q) (1), striking out the period at the end of 
clause (G), inserting "; or" in lieu thereof, and adding a new 
clause (H) as follows: 
"(H) in the case of a pesticide not registered in accordance 
with section 3 of this Act and intended for export, the label 7 USC 136a. 
does not contain, in words prominently placed thereon with 
such conspicuousness (as compared with other words, state-
ments, designs, or graphic matter in the laibeling) as to render 
it likely to be noted by the ordinary individual under cus-
tomary conditions of purchase and use, the following: 'Not 
Registered for Use in the United States of America'."; 
(4) in subsection (w), inserting "or active ingredient used in 
producing a pesticide" immediately after "or device" wherever 
that phrase appears therein; 
(5) adding at the end of subsection (w) the following: "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 Act."; 
(6) in subsection (dd), inserting "or active ingredient used in 
producing a pesticide" immediately after "or device"; and 
(7) adding at the end thereof a new subsection (ee) as follows: 
"(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 per-
mitted by the labeling: Provided^ That the term shall not 
include (1) applying a pesticide at any dosage, concentration, 
or frequency less than that specified on the labeling, (2) 
applying a pesticide against an^ 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 
92 STAT. 820 
PUBLIC LAW 95-396—SEPT. 30, 1978 
the Administrator has determined that the use of the pesti-
cide against other pests would cause an unreasonable adverse 
effect on the environment, (3) employing any method of appli-
. 
cation not prohibited by the labeling, or (4) mixing a pesti-
^ 
* 
cide or pesticides with a fertilizer when such mixture is not 
prohibited by the labeling: Provided further^ That the term 
also shall not include any use of a pesticide in conformance 
7 use 136c, 
with section 5,18, or 24 of this Act, or any use of a pesticide 
136p. 
in a manner that the Administrator determines to be consist-
Post, p. 835. 
ent with the purposes of this Act: And provided further^ That 
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 con-
sistent with the study provided for in section 27(b) of the 
Post, p. 841. 
Federal Pesticide Act of 1978, which regulation or advisory 
opinion specifically requires the use of definite amounts of 
dilution.". 
USE OP DATA TO SUPPORT REGISTRATION; ADDITIONAL DATA TO SUPPORT 
EXISTING REGISTRATION 
SEC. 2. (a) Section 3 of the Federal Insecticide, Fungicide, and 
7 use 136a. 
Rodenticide Act is amended by— 
(1) amending subsection (c) (1) (D) to read as follows: 
"(D) except as otherwise provided in subsection (c)(2) 
(D) of this section, 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 Adminis-
trator may consider in accordance with the following provi-
sions : 
" (i) With respect to pesticides containing active ingre-
dients that are initially registered under this Act after 
the date of enactment of the Federal Pesticide Act of 
Ante, p. 819. 
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, with-
out the written permission of the original data submitter, 
be considered by the Administrator to support an appli-
cation by another person during a period of ten years 
following the date the Administrator first registers the 
pesticide: Provided^ That such permission shall not be 
required in the case of defensive data; 
"(11) except as otherwise provided In subparagraph 
(D) (n of this paragraph, 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 rereglstration, the Administrator 
may, without the permission of the original data submit-
ter, consider any such item of data in support of an appll-
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 821 
cation by any other person (hereinafter in this subpara-
graph 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 sub-
mitted 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 pro-
cedure for reaching an agreement on the amount and 
terms of compensation, either person may initiate bind-
ing arbitration proceedings by requesting the Federal 
Mediation and Conciliation Service to appoint an arbi-
trator 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 determi-
nation 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 sub-
mitter has failed to participate in a procedure for reach-
ing 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 con-
cerning compensation under this subparagraph, the 
original data submitter shall forfeit the right to compen-
sation for the use of the data in support of the applica-
tion. Notwithstanding any other provision of this Act, 
if the Administrator determines that an applicant has 
failed to participate in a procedure for reaching an agree-
ment or in an arbitration proceeding as required by this 
subparagraph, or failed to comply with the terms of an 
agreement or arbitration decision concerning compen-
sation 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 Admin-
istrator 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 
92 STAT. 822 
PUBLIC LAW 95-396—SEPT. 30, 1978 
Notification. 
Joint data 
development. 
Arbitration. 
affected person to respond. If a registration is denied or 
canceled under this subparagraph, the Administrator 
may make such order as the Administrator deems appro-
priate concerning the continued sale and use of existing 
stocks of such pesticide. Kegistration action by the 
Administrator shall not be delayed pending the fixing ol 
compensation; 
"(iii) 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 subparagraphs (D) (i) 
and (D) (ii) of this paragraph, 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 haying 
been received to compensate the original data submitter 
for the use of such item of data;"; and 
(2) amending subsection (c) (2) by— 
(A) inserting "(A)" immediately after "(2)"; 
(B) inserting immediately after "kind of information" in 
the second sentence the following: "under subparagraph (B) 
of this paragraph,"; 
(C) striking out "subsection (c) (1) (D) of this section 
and" from the third sentence; and 
(D) adding at the end thereof a new subparagraph (B) as 
follows: 
"(B) 
ADDITTONAL DATA TO SUPPORT EXISTING REGISTRA-
TION.— 
"(i) If the Administrator determines that addi-
tional data are required to maintain in effect an exist-
ing 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 re^strant of such pesticide shall pro-
vide 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. 
"(lii) 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 agi-eement, 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 proce-
dure and rules of the Service shall be applicsSble to 
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 823 
Payment of 
arbitrator. 
the selection of such arbitrator and to such arbitra-
tion 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 deter-
mination, except for fraud, misrepresentation, or 
other misconduct by one of the parties to the arbitra-
tion or the arbitrator where there is a verified com-
plaint 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. 
"(iv) Notwithstanding any other provision of 
this Act, if the Administrator determines that a 
registrant, within the time required by the Admin-
istrator, 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 pro-
ceeding as required by this subparagraph, or to com-
ply with the terms of an agreement or arbitration 
decision concerning a joint data 
development 
arrangement under this subparagraph, the Admin-
istrator 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 provi-
sions as the Administrator deems appropriate con-
cerning 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 hear- Hearing, 
ing is requested, a hearing shall be conducted under 
section 6(d) of this Act: Provided^ That the only 7 USC 136d. 
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 Admin-
istrator's determination with respect to the disposi-
tion of existing stocks is consistent with this Act. If 
a hearing is held, a decision after completion of such 
hearing shall be final. Notwithstanding any other 
provision of this Act, a hearing shall be held and a 
determination made within seventy-five days after 
receipt of a request for such hearing. Any registra-
92 STAT. 824 
PUBLIC LAW 95-396—SEPT. 30, 1978 
tion 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 subsection (c) (1) 
(D) of this section. Whenever such data are sub-
mitted jointly by two or more registrants, an agent 
shall be agreed on at the time of the joint submis-
sion to handle any subsequent data compensation 
matters for the joint submitters of such data,", 
(b) The amendment to section 3(c) (1) (D) of the Federal Insecti-
7 use 136a note, cide, Fungicide, and Rodenticide Act made by this section shall apply 
with respect to all applications for registration approved after the 
date of enactment of this Act. 
MINOR USE REGISTRATIONS 
SEC. 3. Section 3(c) (2) (A) of the Federal Insecticide, Fungicide, 
Ante, p. 820. 
and Eodenticide Act, as redesignated by section 2 of this Act, is further 
amended by inserting immediately after the second sentence the fol-
lowing: "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, and the level and degree of potential 
exposure of man and the environment to the pesticide. In the develop-
ment 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.". 
SIMPLIFIED REGISTRATION PROCEDURES; EXEMPTION FROM REQUIREMENTS 
FOR SUBMISSION OF DATA 
SEC. 4. Section 3(c) (2) of the Federal Insecticide, Fungicide, and 
Ante, p. 820. 
Eodenticide Act is further amended by adding at the end thereof new 
subparagraphs (C) and (D) as follows: 
"(C) SIMPLIFIED PROCEDURES.—^Within nine months after the 
date of enactment of this subparagraph, 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 an 
end-use product shall be required to— 
"(i) submit or cite data pertaining to the safety of 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.". 
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 825 
WAIVER OF DATA REQUIREMENTS PERTAINING TO EFFICACY 
Sec. 5. Section 3(c) (5) of the Federal Insecticide, Fungicide, and 
Rodenticide Act is amended by adding at the end thereof the follow- 7 USC 136a. 
ing: "In considering an application for the registration of a pesticide, 
the Administrator may waive data requirements pertaining to effi-
cacy, 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 effica-
cious by any State under section 24(c) of this Act, a presumption is Post, p. 835. 
established "that the Administrator shall waive data requirements per-
taining to efficacy for use of the pesticide in such State.". 
REGISTRATION UNDER SPECIAL CIRCUMSTANCES; INTERIM 
ADMINISTRATIVE REVIEW 
SEC. 6. Section 3(c) of the Federal Insecticide, Fungicide, and 
Rodenticide Act is amended by adding at the end thereof new para- 7 USC 136a. 
graphs (7) and (8) as follows: 
"(7) 
REGISTRATION UNDER SPECIAL CIRCUMSTANCES.—Notwith-
standing the provisions of subsection (c) (5) of this section— 
" ( 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 identi-
cal or substantially similar to any currently registen^d pesti-
cide and use thereof, or differ only in ways that would not 
signijficantly 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 subpara-
graph shall submit such data as would be required to obtain 
registration of a similar pesticide under subsection (c) (5) 
of this section: Provided, 
That, if the applicant is unable 
to submit an item of data because it has not yet been gen-
erated, the Administrator may register or amend the regis-
tration 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 pes-
ticides already registered under this Act. 
" ( 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 addi-
tional 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 environ-
ment. Notwithstanding the foregoing provisions of this sub-
paragraph, no registration of a pesticide may be amended to 
" 
permit an additional use of such pesticide if "the Administra-
tor has issued a notice stating that such pesticide, or any 
ingredient thereof, meets or exceeds risk criteria associated 
92 STAT. 826 
PUBLIC LAW 95-396—SEPT. 30, 1978 
in whole or in part with human dietar-y exposure enumerated 
in regulations issued under this Act, and during the pendency 
.J. 
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 Agii-
culture, 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 subsection (c) (5) of this section: 
Provided^ That, if the applicant is unable to submit an item 
of data (other than data pertaining to the proposed addi-
tional use) because it has not yet been generated, the Admin-
istrator may amend the re^stration 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 Act. 
"(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 Act, and on such other con-
ditions as the Administrator may prescribe: Provided^ That 
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 pesti-
cide is in the public interest. 
"(8) 
INTERIM ADMINISTRATIVE REVIEW.—Notwithstanding any 
other provision of this Act, 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 Act, unless sucn 
interim administrative process is based on a validated test or other 
significant evidence raising prudent concerns of unreasonable 
Notice of 
adverse risk to man or to the environment. Notice of the definition 
definitions. 
of the terms 'validated test' and 'other significant evidence' as used 
Publication in 
herein shall be published by the Administrator in the Federal 
Federal Register. 
Register.". 
CLASSIFICATION PRIOR TO REREGI8TRATION; CHANGE I N CLASSIFICATION 
FROM RESTRICTED USE TO GENERAL USE 
SEC 7. Section 3(d) of the Federal Insecticide, Fungicide, and 
7 use 136a. 
Rodenticide Act is amended by— 
(1) inserting in paragraph (1) (A) immediately after the first 
sentence the following: ''testicide uses may be classified by regula-
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 827 
tion on the initial classification, and registered pesticides may be 
classified prior to reregistration."; 
(2) striking out "30 days" in paragraph (2) and inserting in 
lieu thereof "forty-five days"; and 
(3) adding a new paragraph (3) at the end thereof as follows: 
"(3) 
CHANGE IN CLASSIFICATION FROM RESTRICTED USE TO 
G
E
N
E
R
A
L USE.—^Thc 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 gen-
eral 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 con-
tain an explanation therefor and any such denial shall be 
subject to judicial review under section 16 of this Act.". 
REREGISTRATION 
SEC. 8. Section 3 of the Federal Insecticide, Fungicide, and Rodenti-
cide Act is amended by adding at the end thereof new subsection (g) 
7 USC 136a. 
as follows: 
"(g) REREGISTRATION or PESTICIDES.—The Administrator shall 
accomplish the reregistration of all pesticides in the most expedi-
tious manner practicable: Provided, That, to the extent appro-
priate, any pesticide that results in a postharvest residue in or on 
food or feed crops shall be given priority in the reregistration 
process.". 
AUTHORITY or ADMINISTRATOR TO CERTIFY APPLICATORS 
SEC. 9. Section 4(a) of the Federal Insecticide, Fungicide, and 
Rodenticide Act is amended by inserting in paragraph (1) immedi- 7 USC 136b. 
ately after "(1) FEDERAL CERTIFICATION.—" the following: "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: Provided, That such pro-
gram 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 com-
petency 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 
Public hearings, 
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 
39-194 O—80—pt. 1 
56 : QL3 
92 STAT. 828 
PUBLIC LAW 95-396—SEPT. 30, 1978 
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 distribu-
tion of such pesticide as the Administrator may by regulation 
prescribe.". 
EXPERIMENTAL USE PERMITS 
SEC. 10. Section 5 of the Federal Insecticide, Fungicide, and Rodenti-
7 use 136c. 
cide Act is amended by— 
(1) amending subsection (a) to read as follows: 
" (a) ISSUANCE.—Any person may apply to the Administra-
tor for an experimental use permit for a pesticide. The Admin-
istrator 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 witjiin thirty days of receipt by the appli-
cant 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 3 
of this Act. An application for an experimental use permit 
may be filed at any time."; and 
(2) in subsection (f), striking out the word "may" the first time 
it appears in the first sentence and inserting in lieu thereof "shall". 
ALTERNATIVE TO CANCELLATION 
SEC. 11. Section 6(b) of the Federal Insecticide, Fungicide, and 
7 use 136d. 
Rodenticide Act is amended by inserting in the last sentence immedi-
ately after "In taking any final action under this subsection, the 
Administrator" the following: "shall consider restricting a pesticide's 
use or uses as an alternative to cancellation and shall fully explain the 
reasons for these restrictions, and". 
CANCELLATION OF CONDITIONAL REGISTRATION 
SEC. 12. Section 6 of the Federal Insecticide, Fungicide, and Rodenti-
7 use 136d. 
cide Act is amended by redesignating subsection (e) as subsection (f) 
and inserting after subsection (d) a new subsection (e) as follows: 
"(e) 
CONDITIONAL REGISTRATION.— 
Notice. 
"(1) The Administrator shall issue a notice of intent to 
cancel a registration issued under section 3(c) (7) of this 
Ante, p. 825. 
Act if (A) the Administrator, at any time during the period 
provided for satisfaction of any condition imposed, deter-
mines 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: Pro-
vided, That 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 Admin-
istrator may specify if the Administrator determines that 
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 829 
such sale or use is not inconsistent with the purposes of this 
Act 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 sec-
tion : Provided^ That the only matters for resolution at that 
hearing shall be whether the registrant has initiated and pur-
sued appropriate action to comply with the condition or con-
ditions 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 Act. 
A decision after completion of such hearing shall be final. 
Notwithstanding any other provision of this section, a hear-
ing shall be held and a determination made within seventy-
five days after receipt of a request for such hearing.". 
REGISTRATION OF ESTABLISHMENTS 
SEC. 13. Section 7 of the Federal Insecticide, Fungicide, and Rodenti-
cide Act is amended by— 
7 USC 136e. 
(1) in subsection (a), inserting "or active ingredient used in 
producing a pesticide subject to this Act" immediately after "any 
pesticide subject to this Act"; 
(2) in subsection (c) (1), inserting "and, if applicable, active 
ingredients used in producing pesticides" immediately after "pes-
ticides"; and 
(3) in subsection (d), inserting "other than the names of the 
S
esticides or active ingredients used in producing pesticides pro-
uced, sold, or distributed at an establishment" immediately after 
"pursuant to subsection (c)". 
INSPECTION OF BOOKS AND RECORDS 
SEC. 14. Section 8(b) of the Federal Insecticide, Fungicide, and 
Rodenticide Act is amended by adding at the end thereof the follow- 7 USC 136f. 
ing: "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 reason-
able promptness.". 
TRADE SECRET AMENDMENTS 
SEC. 15. Section 10 of the Federal Insecticide, Fungicide, and Roden-
ticide Act is amended by— 
7 USC 136h. 
(1) in subsection (b), inserting immediately after "Notwith-
standing any other provision of this Act" the following: "and 
subject to the limitations in subsections (d) and (e) of this 
section"; and 
92 STAT. 830 
PUBLIC LAW 95-396—SEPT. 30, 1978 
(2) adding at the end thereof new subsections (d), (e), (f), 
and (g) as follows: 
"(d) LIMITATIONS.— 
Information, 
"(1) All information concerning the objectives, meth-
availability to 
odology, results, or significance of any test or experi-
P"^lic- 
ment performed on or with a registered or previously 
registered pesticide or its separate ingredients, impuri-
ties, or degradation products, and any information con-
cerning 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 avail-
able for disclosure to the public: Provided^ That the use 
of such data for any registration purpose shall be gov-
7 use 136a. 
erned by section 3 of this Act: Provided further^ That 
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 test-
ing, detecting, or measuring the quantity of any 
ddiberately 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 disclo-
sure 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 neces-
sary in the public interest. 
"(3) If the Administrator proposes to disclose infor-
mation described in clause (A), (B), or (C) of para-
graph (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 informa-
tion. The Administrator may not release such informa-
tion, without the submitter's consent, until thirty days 
after the submitter has been furnished such notice: Pro-
vided^ That 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 appropri-
ate. During such period the data submitter may institute 
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 831 
an action in an appropriate district court to enjoin or 
limit the proposed disclosure. The court shall give 
expedited consideration to any such action. 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 m 
clause (A), (B), or (C) of paragraph (1) of this 
subsection, the proposed disclosure is not required to 
E
rotect against an unreasonable risk of injury to 
ealth or the environment; or 
"(B) in the case of information described in para-
graph (2) of this subsection, the public interest in 
availability of the information in the public proceed-
ing 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 satis-
factory performance by the contractor of a contract with 
the United States for the performance of work in connection 
with this Act 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 tne disclosure of which is prohibited by 
subsection (b) of this section, and who, knowing that dis-
closure of such material is prohibited by such subsection, will-
fully 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 of the United States Code shall not apply with 
respect to the publishing, divulging, disclosure, or making 
known of, or making available, information reported or 
otherwise obtained under this Act. Nothing in this Act 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 author-
ized 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 PESTI-
CIDE PRODUCERS.—(1) The Administrator shall not know-
ingly disclose information submitted by an applicant or 
registrant under this Act to any employee or agent of any 
business or other entity engaged in the production, sale, or 
92 STAT. 832 
PUBLIC LAW 95-396—SEPT. 30, 1978 
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 Administra-
tor 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 employ-
ees. 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 Act^ 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. 
Records. 
"(2) The Administrator shall maintain records of the 
names of persons to whom data are disclosed under this sub-
section 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 of the United States Code 
shall apply to any affirmation made under paragraph (1) of 
this subsection.". 
EXEMPTION FROM THE UNLAWFUL ACTS PROVISION 
SEC. 16. Section 12(a) (2) of the Federal Insecticide, Fungicide, and 
7 use 136j. 
Eodenticide Act is amended by inserting immediately before the semi-
colon at the end of subparagraph (F) the following: ": Provided^ 
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 certi-
fied applicator for application by a certified applicator". 
CIVIL PENALTIES FOR CERTAIN APPLICATORS; PROCEDURE FOR DETERMINING 
THE AMOUNT OF CIVIL PENALTIES 
SEC. 17. Section 14(a) of the Federal Insecticide, Fungicide, and 
7 use 136/. 
Eodenticide Act is amended by— 
(1) inserting immediately before the period at the end of para-
graph (2) the following: ": Provided^ That any applicator not 
included under paragiaph (1) of this subsection who holds or 
applies registered pesticides, or use dilutions of registered pesti-
cides, only to provide a service of controlling pests without deliv-
ering any unapplied pesticide to any person so served, and who 
violates any provision of this Act 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"; 
(2) striking out the last sentence in paragraph (3); 
(3) redesignating paragraph (4) as paragraph (5); and 
(4) inserting after paragraph (3) a new paragraph (4) as 
follows: 
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 833 
" (4) DETERMINATION OF PENALTY.—In determining the amount 
of the penalty, the Administrator shall consider the appropriate-
ness 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.". 
PESTICIDES AND DEVICES INTENDED FOR EXPORT 
SEC. 18. (a) Section 17 of the Federal Insecticide, Fungicide, and 
Bodenticide Act is amended by— 
7 USC 136o. 
(1) amending subsection (a) to read as follows: 
"(a) 
PESTICIDES AND DEVICES INTENDED FOR EXPORT.—Notwith-
standing any other provision of this Act, 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 Act— 
"(1) when prepared or packed according to the specifica-
tions or directions of the foreign purchaser, except that 
producers of such pesticides and devices and active ingredi-
ents used in producing pesticides shall be subject to sections 
2(p), 2(q) (1) (A), (C), (D), (E), (G), and (H), 2(q) (2) 
(A), (B), (C) (i) and (iii), and (D), 7, and 8 of this Act; 7USC136,136e, 
and 
136f. 
"(2) in the case of any pesticide other than a pesticide 
registered under section 3 or sold under section 6(a)(1) of 7 USC 136a, 
' 
this Act, if, prior to export, the foreign purchaser has signed 136d. 
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 
Act. A copy of that statement shall be transmitted to an 
appropriate official of the government of the importing coun-
try." ; and 
(2) adding at the end of subsection (b) the following: "Such Notification, 
notification shall, upon request, include all information related to 
the cancellation or suspension of the re^stration of the pesticide 
and information concerning other pesticides that are registered 
under section 3 of this Act and that could be used in lieu of such 
pesticide.", 
(b) The amendment made by subsection (a) (1) of this section shall Effective date. 
become effective one hundred and eighty days after the date of enact- 7 USC 136o note. 
ment of this Act. 
DISPOSAL OF PESTICIDES 
SEC. 19. Section 19 of the Federal Insecticide, Fungicide, and 
Bodenticide Act is amended by adding at the end thereof a new sub- 7 USC 136q. 
section (c) as follows: 
"(c) PROVISIONS F
O
R UNUSED QUANTITIES.—Notification of can-
cellation of any pesticide shall include specific provisions for the 
disposal of the unused quantities of such pesticide.". 
92 STAT. 834 
PUBLIC LAW 95-396—SEPT. 30, 1978 
RESEARCH AND MONITORING ACTIVITIES 
SEC. 20. Section 20 of the Federal Insecticide, Fungicide, and Koden-
7 use 136r. 
ticide Act is amended by— 
(1) in the first sentence of subsection (a), striking out all after 
the phrase "and he shall" down through the end of the sentence 
and inserting in lieu thereof the following: "conduct research 
into integrated pest management in coordination with the Secre-
tary of Agriculture."; and 
(2) amending subsection (c) to read as follows: 
"(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 Act and of 
the national pesticide monitoring plan. The Administrator 
shall establish procedures for the monitoring of man and ani-
mals and their environment for incidential 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 contami-
nation and their relationship to human and environmental 
effects. Such activities shall be carried out in cooperation 
with other Federal, State, and local agencies.". 
STATE COOPERATION, AID, AND TRAINING 
SEC. 21. Section 23 of the Federal Insecticide, Fungicide, and 
7 use 136u. 
Rodenticide Act is amended to read as follows: 
"SEC. 23. STATE COOPERATION, AID, AND TRAINING. 
"(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 Act through the use of its 
personnel or facilities, to train personnel of the State or Indian 
tribe to cooperate in the enforcement of this Act, and to assist 
States and Indian tribes in implementing cooperative enforce-
ment programs through grants-in-aid; and 
"(2) to assist States in developing and administering State 
programs, and Indian tribes that enter into cooperative agree-
ments, to train and certify applicators consistent with the stand-
ards the Administrator prescribes. 
Effective with the fiscal year beginning October 1, 1978, there are 
authorized to be appropriated annually such funds as may be neces-
sary 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 con-
ducting 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. 
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 835 
"(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 Act.". 
PESTICIDES F O R M U L A T E D FOR DISTRIBUTION AND USE WITHIN A STATE 
SEC. 22. Section 24 of the Federal Insecticide, Fungicide, and 
Eodenticide Act is amended to read as follows: 
7 USC 136v. 
"SEC. 24. AUTHORITY OF STATES. 
"(a) A State may regulate the sale or use of any federally regis-
tered 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 Act. 
"(b) Such State shall not impose or continue in effect any require-
ments for labeling or packaging in addition to or different from those 
required under this Act. 
(c)(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 pur-
poses of this Act 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 3 for all pur- 7 USC 136a. 
poses of this Act, 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 Adminis-
trator 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 rea-
sons therefor, and provide the State time to respond. The Administra-
tor shall not prohibit or disapprove a registration issued by a State 
under this subsection (A) on the basis of lack of essentiality of a pesti-
cide 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 that permits the residues of the pesti- 21 USC 301. 
cide on the food or feed. If the Administrator determines that a regis-
tration 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 25 of this Act, that a State Post, p. 836. 
is not capable of exercising adequate controls to assure that State 
registration under this section will be in accord with the purposes of 
this Act or has failed to exercise adequate controls, the Administra-
tor 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 Adminis-
trator shall advise the State of the Administrator's intention to 
suspend and the reasons therefor and provide the State time to 
respond.". 
92 STAT. 836 
PUBLIC LAW 95-396—SEPT. 30, 1978 
7 use 136w. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
Advisory panel, 
termination. 
42 use 4365. 
AXJTHORITY OP ADMINISTRATOR—REGULATIONS; SCIENTIFIC ADVISORY 
PANEL 
SEO. 23. Section 25 of the Federal Insecticide, Fungicide, and 
Rodenticide Act is amended by— 
(1) in subsection (a) (1), striking out the period at the end of 
the second sentence and adding the following: "and differences in 
environmental risk and the appropriate data for evaluating such 
risk between agricultural and nonagricultural pesticides."; 
(2) adding at the end of subsection (a) (2) (B), the following: 
"In taking any final action under this subsection, the Administra-
tor 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."; 
(3) in subsection (d), striking out the third sentence and insert-
ing in lieu thereof the following: "The Administrator shall also 
solicit from the advisory panel comments, evaluations, and recom-
mendations for operating guidelines to improve the effectiveness 
and quality of scientific analyses made by personnel of the Envi-
ronmental Protection Agency that lead to decisions by the Admin-
istrator in carrying out the provisions of this Act. The comments, 
evaluations, and recommendations 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. 
Tlie chairman of the advisory panel, after consultation with the 
Administrator, may create temporary subpanels on specific proj-
ects to assist the full advisory panel in expediting and preparing 
its evaluations, comments, and recommendations."; and 
(4) adding at the end of subsection (d) the following: "The 
advisory panel established under this subsection shall terminate 
September 30,1981. In performing the functions assigned by this 
Act, 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.". 
STATE ENFORCEMENT; IDENTIFICATION OF PESTS; COOPERATION WITH 
DEPARTIVIENT OF AGRICUI,TURE'S PROGRAM; ANNUAL REPORT 
SEC 24. The Federal Insecticide, Fungicide, and Rodenticide Act is 
amended by— 
(1) redesignating sections 26 (severability) and 27 (authoriza-
7 use 136x, 
tion for appropriations) as sections 30 and 31, respectively; and 
136y, 
(2) inserting after section 25 new sections 26 through 29 as 
follows: 
7 use 136W-1. 
"SEC. 26. STATE PRIMARY ENFORCEMENT RESPONSIBILITY. 
"(a) For the purposes of this Act, 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 adec^uate pesticide use laws and regulations; 
Provided^ That the Administrator may not require a State to have 
pesticide use laws that are more stringent than this Act; 
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 837 
"(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 com-
pliance with paragraphs (1) and (2) of this subsection as the 
Administrator may require by regulation. 
"(b) Notwithstanding the provisions of subsection (a) of this sec-
tion, any State that enters into a cooperative agreement with the 
Administrator under section 23 of this Act for the enforcement of Ante, p. 834. 
pesticide use restrictions shall have the primary enforcement respon-
sibility for pesticide use violations. Any State that has a plan approved 
by the Administrator in accordance with the requirements of section 4 
of this Act that the Administrator determines meets the criteria set out 7 USC 136b. 
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 4 
of this Act in effect on the date of enactment of the Federal Pesticide 
Act of 1978 not later than six months after that date. 
Ante, p. 819. 
"(c) The Administrator shall have primary enforcement responsi-
bility for those States that do not have primary enforcement respon-
sibility under this Act. Notwithstanding the provisions of section 2(e) 
(1) of this Act, during any period when the Administrator has such 7 USC 136. 
enforcement responsibility, section 8(b) of this Act shall apply to the Ante, p. 829. 
books and records of commercial applicators and to any applicator 
who holds or applies pesticides, or use dilutions of pesticides, only to 
provide a service of controlling pests without delivering any unapplied 
pesticide to any person so served, and section 9.(a) of this Act shall 7 USC 136g. 
apply to the establishment or other place where pesticides or devices 
are held for application by such pei-sons with respect to pesticides or 
devices held for such application. 
"SEC. 27. FAILURE BY THE STATE TO ASSURE ENFORCEMENT OF 7 USC 136w-2. 
STATE PESTICIDE USE REGULATIONS. 
"(a) Upon receipt of any complaint or other information alleging 
or indicating a si^ificant violation of the pesticide use provisions of 
this Act, the Administrator shall refer the matter to the appropriate 
State officials for their investigation of the matter consistent with the 
requirements of this Act. 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 Act. 
"(b) 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 deficien-
cies. 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 pesti-
cide use violations. 
"(c) Neither section 26 of this Act nor this section shall limit the Ante, p. 836. 
authority of the Administrator to enforce this Act, where the Admin-
istrator determines that emergency conditions exist that require imme-
diate action on the part of the Administrator and the State authority 
is unwilling or unable adequately to respond to the emergency. 
92 STAT. 838 
PUBLIC LAW 95-396—SEPT. 30, 1978 
7 use 136w-3. 
"SEC. 28. IDENTIFICATION OF PESTS; COOPERATION WITH DEPART-
MENT OF AGRICULTURE'S PROGRAM. 
"The Administrator, in coordination with the Secretary of Agricul-
ture, shall identify those pests that must be brought under control. 
The Administrator shall also coordinate and cooperate with the Sec-
retary of Agriculture's research and implementation programs to 
develop and improve the safe use and effectiveness of chemical, bio-
logical, 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. 
7 use 136W-4. 
"SEC. 29. ANNUAL REPORT. 
"The Administrator shall submit an annual report to Congress 
before February 16 of each year and the first report shall be due 
February 15,1979. The report shall include the total number of appli-
cations for conditional registration under sections 3(c)(7)(B) and 
Ante, p. 825. 
3(c) (7) (C) of this Act that were filed during the immediately pre-
ceding fiscal year, and, with respect to those applications approved, 
the Administrator shall report the Administrator's findings in each 
case, the conditions imposed and any modification of such conditions in 
each case, and the quantities produced of such pesticides.". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 25. Section 31 of the Federal Insecticide, Fungicide, and Eoden-
7 use 136y. 
ticide Act, as redesignated by section 24 of this Act, is amended by 
striking out "and for the period beginning October 1, 1976, and end-
ing March 31, 1977, the sum of $23,600,000", and inserting in lieu 
thereof the following: "and for the period beginning October 1,1976, 
and ending September 30, 1977, the sum of $46,636,000, and for the 
period beginning October 1, 1977, and ending September 30, 1978, 
the sum of $54,500,000, and for the period beginning October 1,1978, 
and ending September 30, 1979, such sums as may be necessary, but 
not in excess of $70,000,000". 
KEVISION OF FIFRA TABLE OF CONTENTS 
SEC. 26. Section 1(b) of the Federal Insecticide, Fungicide, and 
86 Stat. 973. 
Rodenticide Act is amended to read as follows: 
"(b) 
TABLE OF CONTENTS.— 
"Section 1. Short title and table of contents. 
" 
"(a) Short title. 
"(b) Table of contents. 
"Sec. 2. Definitions. 
"(a) Active ingredient. 
"(b) Administrator. 
"(c) Adulterated. 
"(d) Animal. 
" (e) Certified applicator, etc. 
"(1) Certified applicator. 
"(2) Private applicator. 
"(3) Commercial applicator. 
" (4) Under the direct supervision of a certified applicator. 
"(f) Defoliant. 
* * '
= 
- 
"(g) Desiccant. 
"(h) Device, 
"(i) District court, 
"(j) Environment, 
"(k) Fungus. 
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 839 
"(1) Imminent hazard, 
"(m) Inert ingredient, 
"(n) Ingredient statement 
"(o) Insect. 
"(p) Label and labeling. 
"(1) Label. 
"(2) Labeling, 
"(q) Misbranded. 
"(r) Nematode. 
"(s) Person, 
"(t) Pest. 
"(u) Pesticide. 
' 
"(v) Plant regulator, 
"(w) Producer and produce. 
"(x) Protect health and the environment. 
^ 
"(y) Registrant. 
"(z) Registration, 
"(aa) State. 
"(bb) Unreasonable adverse effects on the environment. 
"(cc) Weed, 
"(dd) Establishment. 
" (ee) To use any registered pesticide in a manner inconsistent with 
its labeling. 
"Sec, 3. Registration of pesticides, 
"(a) Requirement. 
"(b) Exemptions. 
, 
, 
"(c) Procedure for registration. 
"(1) Statement required. 
"(2) Data in support of registration. 
"(3) Time for acting with respect to application. 
"(4) Notice of application. 
"(5) Approval of registration. 
'-
"(6) Denial of registration. 
"(7) Registration under special circumstances. 
"(8) Interim administrative review. 
"(d) Classification of pesticides. 
"(1) Classification for general use, restricted use, or 
both. 
"(2) Change in classification. 
"(3) Change in classification from restricted use to gen-
eral use. 
"(e) Products with same formulation and claims. 
"(f) Miscellaneous. 
"(1) Effect of change of labeling or formulation. 
"(2) Registration not a defense. 
"(3) Authority to consult other Federal agencies. 
"(g) Reregistration of pesticides. 
"Sec. 4. Use of restricted use pesticides; certified applicators, 
"(a) Certification procedure. 
"(1) Federal certification. 
"(2) State certification. 
"(b) State plans. 
"(c) Instruction in integrated pest management techniques. 
"Sec. 5. Experimental use permits, 
"(a) Issuance. 
"(b) Temporary tolerance level. 
"(c) Use under permit, 
"(d) Studies. 
"(e) Revocation. 
"(f) State issuance of permits. 
"(g) Exemption for agricultural research agencies. 
"Sec. 
6. Administrative review; suspension. 
' 
-:: 
"(a) Cancellation after five years, 
"(1) Procedure, 
"(2) Information. 
"(b) Cancellation and change in classification. 
"(c) Suspension, 
"(1) Order, 
"(2) Expedite hearing. 
92 STAT. 840 
PUBLIC LAW 95-396—SEPT. 30, 1978 
"(3) Emergency order. 
"(4) Judicial review. 
"(d) Public hearings and scientilic review. 
"(e) Conditional registration. 
"(f) Judicial review. 
"Sec. 
7. Registration of establishments, 
"(a) Requirements. 
"(b) Registration. 
"(c) Information required. 
"(d) Confidential records and information. 
"Sec. 
8. Books and records. 
"(a) Requirement. 
, .,' 
"(b) Inspection. 
"Sec. 9. Inspection of establishments, etc. 
"(a) In general. 
"(b) Warrants. 
"(c) Enforcement. 
" (1) Certification of facts to Attorney General. 
"(2) "Notice not required. 
"(3) Warning notices. 
"Sec. 10. Protection of trade secrets and other information. 
"(a) In general. 
"(b) Disclosure. 
"(c) Disputes. 
"(d) Limitations. 
"(e) Disclosure to contractors. 
"(f) Penalty for disclosure by Federal employees. 
"(g) Disclosure to foreign and multinational pesticide producers. 
"Sec. 31. Stiindards applicable to pesticide applicators, 
"(a) In general. 
"(b) Separate standards. 
"Sec. 12. Unlawful acts. 
"(a) In general. 
"(b) Exemptions. 
"Sec. 13. Stop sale, use, removal, and seizure. 
"(a) Stop sale, etc., orders. 
"(b) Seizure. 
"(c) Disposition after condemnation. 
"(d) Court costs, etc. 
"Sec. 14. Penalties. 
"(a) Civil penalties. 
"(1) In general. 
"(2) Private applicator. 
. ,,^ 
"(3) Hearing. 
"(4) Determination of penalty. 
"(5) References to Attorney General. 
"(b) Criminal penalties. 
"(1) In general. 
"(2) Private applicator. 
"(3) Disclosure of information. 
" (4) Acts of officers, agents, etc. 
"Sec. 15. Indemnities. 
"(a) Requirement. 
"(b) Amount of payment. 
, 
"(1) In general. 
"(2) Special rule. 
"Sec. 16. Administrative procedure; judicial review, 
"(a) District court review. 
"(b) Review by Court of Appeals. 
"(c) Jurisdiction of district courts. 
"(d) Notice of judgments. 
"Sec. 17. Imports and exports. 
"(a) Pesticides and devices intended for export. 
"(b) Cancellation notices furnished to foreign governments. 
" (c) Importation of pesticides and devices. 
"(d) Cooperation in international efforts. 
"(e) Regulations. 
PUBLIC LAW 95-396—SEPT. 30, 1978 
92 STAT. 841 
"Sec. 18. Exemption of Federal agencies. 
"Sec. 19. Disposal and transportation. 
"(a) Procedures. 
"(b) Advice to Secretary of Transportation. 
"(c) Provisions for unused quantities. 
"Sec. 20. Research and monitoring. 
"(a) Research. 
"(b) National monitoring plan. 
"(c) Monitoring. 
21. Solicitation of comments; notice of public hearings. 
22. Delegation and cooperation. 
"(a) Delegation. 
"(b) Cooperation. 
'Sec. 23. State cooperation, aid. and training, 
"(a) Cooperative agreements. 
"(b) Contracts for training. 
"(c) Information and education. 
24. Authority of States. 
25. Authority of Administrator. 
"(a)(1) Regulations. 
"(2) Procedure. 
"(3) Congressional committees. 
"(b) Exemption of pesticides. 
"(c) Other authority. 
"(d) Scientific advisory panel. 
26. State primary enforcement responsibility. 
27. Failure by the State to assure enforcement of State pesticide use regu-
lations. 
'Sec. 28. Identification of pests; cooperation vpith Department of Agriculture's 
program. 
29. Annual report. 
30. Severability. 
"Sec. 
"Sec. 
"Sec. 
"Sec. 
"Sec. 
"Sec. 
'Sec. 
'Sec. 
•Sec. 31. Authorization for appropriations.' 
STUDIES 
SEC. 27. (a) The Administrator of the Environmental Protection 
Agency shall perform a study examining the feasibility of assessing 
and collecting fees from persons applying to register, or amend the 
registration of, pesticides to cover the costs incurred by the Environ-
mental Protection Agency in processing such applications under the 
provisions of the Federal Insecticide, Fungicide, and Rodenticide Act. 
The Administrator shall complete this study and submit a report set-
ting forth the findings of the study and recommendations for the 
implementation of these findings to the Senate Committee on Agricul-
ture, Nutrition, and Forestry and the House Committee on Agricul-
ture, not later than nine months after the date of enactment of this 
Act. 
(b) The Administrator, in cooperation with the Secretary of Agri-
culture, and after consultation with appropriate State officials, shall 
review available scientific information dealing with issues involved 
in the methods of pesticide application, including, but not limited to, 
the advisability of ultra-low-volume methods of application, and shall 
recommend to the Senate Committee on Agriculture, Nutrition, and 
Forestry and the House Committee on Agriculture such changes as the 
Administrator may deem necessary in existing law relative to provi-
sions of the Act pertaining to the use of a registered pesticide in a man-
ner inconsistent with its labeling. The report shall be submitted as soon 
as practicable, but not later than six months after the date of enact-
ment of this Act. 
7 use isew-i 
note. 
Report to 
congressional 
committees. 
92 STAT. 842 
PUBLIC LAW 95-396—SEPT. 30, 1978 
Report to 
congressional 
committees. 
7 u s e 136 note. 
(c) The Administrator shall submit an updated study examining 
the problems of minor uses of pesticides not specifically permitted 
by labeling. The Administrator shall complete this study and submit 
a report setting forth the findings of the study and recommendations 
for the implementation of these findings to the Senate Committee 
on Agriculture, Nutrition, and Forestry and the House Committee on 
Apiculture, not later than nine months after the date of enactment of 
this Act. 
EFFECTIVE DATES 
SEC. 28. Section 4 of the Federal Environmental Pesticide Control 
Act of 1972 is amended by— 
(1) in subsection (b), striking out the colon immediately after 
the second "thereunder" and all that follows down through the 
end of the subsection and substituting in lieu thereof a period; 
(2) in subsection (c), striking out paragraph (2), and redesig-
nating paragraphs (3), (4), and (5) as (2), (3), and (4), respec-
tively; and 
(3) in subsection (c)(3)(B), as redesignated, striking out 
"Within four years after the enactment of this Act each" and 
inserting in lieu thereof "Each". 
SHORT TITU3 
7 use 136 note. 
SEO. 29. This Act may be cited as the "Federal Pesticide Act of 
1978". 
Approved September 30, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-343 and No. 95-343, Pt. 2, (eomm. on Agriculture) both 
accompanying H.R. 7073 and No. 95-1560 (eomm. of Conference). 
SENATE REPORTS: No. 95-334 (Comm. on Agriculture, Nutrition and Forestry) and 
95-1188 (eomm. of eonference). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): July 29, considered and passed Senate. 
Sept. 22, Oct. 31, considered and passed House, amended, in 
lieu of H.R. 7073. 
Vol. 124 (1978): Sept. 18, Senate agreed to conference report. 
Sept. 19, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 14, No. 40 (1978): Oct. 2, Presidential statement.