An Act to amend the Federal Insecticide, Fungicide, and Rodenticide Act, and for other purposes
PL 92-516 (H.R.10729), enacted 10/21/1972

86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
973 
Public Law 92-516 
A N A C T 
October 21, 1972 
TH R 107291 
To amend the Federal Insecticide, Fungicide, and Rodenticide Act, and for —LJ—I 
i— 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Federal Environmental Pesticide Control Act of 1972 . 
AMENDMENTS TO FEDERAL INSECTICn)E, FUNGICIDE, AND RODENTICIDE ACT 
Federal Envi-
romental Pesti-
cide Control Act 
of 1972. 
SEC. 2. The Federal Insecticide, Fungicide, and Eodenticide Act 
(7 U.S.C. 135 et seq.) is amended to read as follows: 
^^sta!?Vgo!^' 
"SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
"(a) SHORT TITLE.—This Act may be cited as the 'Federal Insecti-
cide, Fungicide, and Rodenticide Act'. 
"(b) 
TABLE OF CONTENTS.— 
"Section 1. Short title and table of contents, 
"(a) Short title. 
"(b) Table of contents. 
''Sec. 2. Detinitions. 
"(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 supersusion 
certified applicator. 
"(f) Defoliant. 
"(g) Desiccant. 
"(h) Device, 
"(i) District court. 
"(j) Environment. 
"(k) Fungus. 
"(1) Imminent hazard. 
"(m) Inert ingredient. 
"(n) Ingredient statement. 
"(o) Insect. 
"(p) Isabel 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. 
and control of a 
"(bb) Unreasonable adverse effects on the environment, 
"(cc) Weed, 
"(dd) Establishment. 
'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. 
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PUBLIC L
A
W 92-516-OCT. 21, 1972 
[86 STAT. 
"(d) Classification of pesticides. 
"(1) Classification for general use, restricted use, or both. 
"(2) Change in classification. 
"(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. 
"Sec. 4. Use of restricted use pesticide; certified applicators, 
"(a) Certification procedure. 
"(1) Federal certification. 
"(2) State certification. 
"(b) State plans. 
"Sec. 5. Experimental use permits, 
"(a) Issuance. 
"(b) Temporary tolerance level. 
"(c) Use under permit. 
^ 
"(d) Studies. 
"(e) Revocation. 
"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. 
"(3) Emergency order. 
"(4) Judicial review. 
•' (d) Public hearings and scientific review. 
"(e) Judicial review. 
"See. 7. Registration of establishments, 
"(a) Requirement. 
"(b) Registration. 
"(c) Information required. 
"(d) Confidently 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, etc. 
"(a) In general. 
"(b) Disclosure. 
"Sec. 11. Standards 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 pesticide applicator. 
"(3) Hearing. 
"(4) References to Attorney General. 
"(b) Criminal penalties. 
"(1) In general. 
"(2) Private pesticide applicator. 
"(3) Disclosure of information. 
"(4) Acts of ofllcers, agents, etc. 
"Sec 15. Indemnities. 
"(a) Requirement. 
"(b) Amount of payment. 
. ,i<. ' 
"(1) In general. 
"(2) Special rule. 
86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
975 
"Sec. 16. Administrative procedure; judicial review. 
"(a) District court review, 
"(b) Review by Ck)urt 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. 
"Sec. 18. Exemption of Federal agencies. 
"Sec. 19. DisiK)sal and transportation, 
"(a) Procedures. 
"(b) Advice to Secretary of Transportation. 
"Sec. 20. Research and monitoring. 
"(a) Research. 
"(b) National monitoring plan. 
"(c) Monitoring. 
"Sec. 21. Solicitation of public comments; notice of public hearings, 
"Sec. 22, Delegation and cooperation, 
"Sec. 23. State cooperation, aid, and training. 
"(a) Cooperative agreements. 
"(b) Contracts for training. 
"Sec. 24. Authority of States. 
"Sec. 25, Authority of Administrator, 
"(a) Regulations. 
"(b) Exemption of pesticides, 
"(c) Other authority. 
"Sec. 26. Severability. 
"Sec. 27. Authorization for appropriations. 
*'SEC. 2. DEFINITIONS. 
"For purposes of this Act— 
*'(a) ACTIVE INGREDIENT.—The term 'active ingredient' means—. 
"(1) in the case of a pesticide other than a plant regiilator, 
defoliant, or desiccant, an ingredient which will prevent, destroy, 
repel, or mitigate any pest; 
"(2) in the case of a plant regulator, an ingredient which, 
through physiological action, will accelerate or retard the rate of 
growth or rate of maturation or otherwise alter the behavior of 
ornamental or crop plants or the product thereof; 
"(3) in the case of a defoliant, an ingredient which will cause 
the leaves or foliage to drop from a plant; and 
"(4) in the case of a desiccant, an ingredient which will artifi-
cially accelerate the drying of plant tissue. 
"(b) ADMINISTRATOR,—The 
term 
'Administrator' 
means the 
Administrator of the Environmental Protection Agency. 
"(c) ADULTERATED.—The term 'adulterated' applies to any pesti-
cide if: 
" (1) its strength or purity falls below the professed standard 
of quality as expressed on its labeling under which it is sold; 
"(2) any substance has been substituted wholly or in part for 
the pesticide; or 
"(3) any valuable constituent of the pesticide has been wholly 
or in part abstracted. 
"(d) ANIMAL.—The term 'animal' means all vertebrate and inverte-
brate species, including but not limited to man and other mammals, 
l)irds, fish, and shellfish. 
"(e) CERTIFIED APPLICATOR, ETC.— 
"(1) CERTIFIED APPLICATOR.—The term 'certified applicator' 
means any individual who is certified under section 4 as author-
ized to use or supervise the use of any pesticide which is classified 
for restricted use. 
" (2) PRIVATE APPLICATOR.—^I'he term 'private applicator' means 
a certified applicator who uses or supervises the use of any pesti-
cide which is classified for restricted use for purposes of producing 
976 
PUBLIC LAW 92-516-OCT. 21, 1972 
[86 STAT. 
any agricultural commodity on.property owned or rented by him 
or his employer or (if applied without compensation other than 
trading of pereonal services between producere of agricultural 
commodities) on the property of another person. 
"(3) COMMERCIAL APPLICATOR.—The term 'commercial appli-
cator' means a certified applicator (whether or not he is a private 
applicator with respect to some uses^ who uses or supervises 
the use of any pesticide which is classified for restricted use for 
any purpose or on any property other than as provided by para-
graph (2). 
"(4) UNDER THE DIRECT SUPERVISION OF A CERTIFIED APPLI-
CATOR.—Unless otherwise prescribed by its labeling, a pesticide 
shall be considered to be applied under the direct supervision of a 
certified applicator if it is applied by a competent person acting 
under the instructions and control of a certified applicator who is 
available if and when needed, even though such certified appli-
cator is not physically present at the time and place the pesticide 
is applied. 
"(f) DEFOLIANT.—The term 'defoliant' means any substance or mix-
ture of substances intended for causing the leaves or foliage to drop 
from a plant, with or without causing abscission. 
"(g) DESICCANT.—^The term 'desiccant' means any substance or mix-
ture of substances intended for artificially accelerating the drying 
of plant tissue. 
"(h) DEVICE.—The term 'device' means any instrument or con-
trivance (other than a firearm) which is intended for trapping, 
destroying, repelling, or mitigating any pest or any other form of 
plant or animal life (other than man and other than bacteria, virus, or 
other microorganism on or in living man or other living animals); 
but not including equipment used for the application of pesticides 
when sold separately therefrom. 
"(i) DISTRICT COURT.—The term 'district court' means a United 
States district court, the District Court of Guam, the District Court 
of the Virgin Islands, and the highest court of American Samoa. 
"(j) ENVIRONMENT.—The term 'environment' includes water, air, 
land, and all plants and man and other animals living therein, and 
the interrelationshiDS which exist among these. 
"(k) 
FUNGUS.—^The term 'fungus' means any non-chlorophyll-
bearing thallophyte (that is, any non-clilorophyll-bearing plant of a 
lower order than mosses and liverworts), as for example, rust, smut, 
mildew, mold, yeast, .and bacteria, except those on or in living man 
or other animals and those on or in processed food, beverages, or 
pharmaceuticals. 
"(1) IMMINENT HAZARD.—The term 'imminent hazard' means a 
situation which exists when the continued use of a pesticide during 
the time required for cancellation proceeding would be likelv to result 
in unreasonable adverse effects on the environment or will involve 
unreasonable hazard to the survival of a species declared endangered 
by the Secretary of the Interior under Public Law 91-135. 
"(m) INERT INGREDIENT.—^^The term 'inert ingredient' means an 
ingredient which is not active. 
"(n) 
INGREDIENT STATEMENT.—The term 'ingredient statement' 
means a statement which contains— 
"(1) the name and percentage of each active ingredient, and 
the total percentage of all inert ingredients, in the pesticide; and 
"(2) if the pesticide contains arsenic in any form, a statement 
of the percentages of total and water soluble arsenic, calculated 
as elementary arsenic. 
83 Stat. 275. 
16 USC668CC-1. 
86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
977 
''(o) INSECT.—The term 'insect' means any of the numerous small 
invertebrate animals generally having the body more or less obviously 
segmented, for the most part belonging to the class insecta, comprising 
six-legged, usually winged forms, as for example, beetles, bugs, bees, 
flies, and to other allied classes of arthropods whose members are 
wingless and usually have more than six legs, as for example, spiders, 
mites, ticks, centipedes, and wood lice, 
"(p) LABEL AND LABELING.— 
"(1) LABEL.—The term 'label' means the written, printed, or 
graphic matter on, or attached to, the pesticide or device or any 
of its containers or wrappers. 
"(2) LABELING.—The term 'labeling' means all labels and all 
other written, printed, or graphic matter— 
"^A) accompanying the pesticide or device at any time; or 
"(B) to which reference is made on the label or in litera-
ture accompanying the pesticide or device, except to current 
official publications of the Environmental Protection Agency, 
the United States Departments of Agriculture and Interior, 
the Department of Health, Education, and Welfare, State 
experiment stations. State agricultural colleges, and other 
similar Federal or State institutions or agencies authorized 
by law to conduct research in the field of pesticides, 
"(q) MISBRANDED.— 
" (1) A pesticide is misbranded if— 
"(A) its labeling bears any statement, design, or graphic 
representation relative thereto or to its ingredients which 
is false or misleading in any particular; 
"(B) it is contained in a package or other container or 
wrapping which does not conform to the standards estab-
lished by the Administrator pursuant to section 25(c) (3); 
"(C) it is an imitation of, or is offered for sale under the 
name of, another pesticide; 
"(D) its label does not bear the registration number 
assigned under section 7 to each establishment in which it 
was produced; 
"(E) any word, statement, or other information required 
by or under authority of this Act to appear on the label or 
labeling is not prominently placed thereon with such con-
spicuousness (as compared with other words, statements, 
designs, or graphic matter in the labeling) and in such terms 
as to render it likely to be read and understood by the ordi-
nary individual under customary conditions of purchase and 
use; 
"(F) the labeling accompanying it does not contain direc-
tions for use which are necessary for effecting the purpose 
for which the product is intended and if complied with, 
together with any requirements imposed under section 3(d) 
of this Act, are adequate to protect health and the 
environment; 
"(G) the label does not contain a warning or caution state-
ment which may be necessary and if complied with, together 
with any requirements imposed under section 3(d) of this 
Act, is adequate to protect health and the environment. 
"(2) A pesticide is misbranded if— 
"'(A) the label does not bear an ingredient statement on 
that part of the immediate container (and on the outside con-
tainer or wrapper of the retail package, if there be one, 
through which the ingredient statement on the immediate 
container cannot be clearly read) which is presented or dis-
978 
PUBLIC LAW 92-516-OCT. 21, 1972 
[86 STAT. 
played under customary conditions of purchase, except that 
a pesticide is not misbranded under this subparagraph if: 
"(i) the size of form of the immediate container, or the 
outside container or wrapper: of the retail package, makes it 
impracticable to place the ingredient statement on the part 
which is presented or displayed imder customary conditions 
of purchase; and 
"(ii) the ingredient statement appears prominently on 
another part of the immediate container, or outside container 
or wrapper, permitted by the Administrator; 
"(B) the labeling does not contain a statement of the use 
classification under which the product is registered; 
"(C) there is not affixed to its container, and to the out-
side container or wrapper of the retail package, if there be 
one, through which the required information on the immedi-
ate container cannot be clearly read, a label bearing— 
"(i) the name and address of the producer, registrant, 
or person for whom produced; 
"(ii) the name, brand, or trademark under which the 
pesticide is sold; 
"(iii) the net weight or measure of the content: 
Provided, That the Administrator may permit reason-
able variations; and 
" (v) when required by regulation of the Administrator 
to effectuate the purposes of this Act, the registration 
number assigned to the pesticide under this Act, and 
the use classification; and 
"(D) the pesticide contains any substance or substance^ 
in quantities highly toxic to man, unless the label shall beai*, 
in addition to any other matter required by this Act— 
" (i) the skull and crossbones; 
"(ii) the word 'poison' prominently in red on a back-
.! - 
ground of distinctly contrasting color; and 
"(iii) a statement of a practical treatment (first aid 
or otherwise) in case of poisoning by the pesticide, 
"(r) NEMATODE.—The term 'nematode' means invertebrate animals 
of the phylum nemathelminthes and class nematoda, that is, unseg-
mented round worms with elongated, fusiform, or saclike bodies 
covered with cuticle, and inha;biting soil, water, plants, or plant parts; 
may also be called nemas or eelworms. 
"(s) PERSON.—The term 'person' means any individual, partnership, 
association, corporation, or any organized group of pei-sons whether 
incorporated or not. 
"(t) PEST.—The term 'pest' means (1) any insect, rodent, nematode, 
fungus, weed, or (2) any other form of terrestrial or aquatic plant 
or animal life or virus, bacteria, or other micro-organism (except 
viruses, bacteria, or other micro-organisms on or in living man or 
other living animals) which the Administrator declares to be a pest 
under section 25(c)(1). 
"(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. 
"(v) PLANT REGULATOR.—The term 'plant regulator' means any 
substance or mixture of substances intended, through physiological 
action, for accelerating or retarding the rate of growth or rate of 
maturation, or for otherwise altering the behavior of plants or the 
produce thereof, but shall not include substances to the extent that 
they ai-e intended as plant nutrients, trace elements, nutritional 
86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
979 
chemicals, plant inoculants, and soil amendments. Also, the term 'plant 
regulator' shall not be required to include any of such of those nutrient 
mixtures or soil amendments as are commonly known as vitamin-
hormone horticultural products, intended for improvement, mainte-
nance, survival, health, and propagation of plants, and as are not for 
pest destruction and are nontoxic, nonpoisonous in the undiluted 
packaged concentration. 
•"(w) PRODUCER AND PRODUCE.—The term'producer'means the per-
son who manufactures, prepares, compounds, propagates, or processes 
any pesticide or device. The term 'produce' means to manufacture, 
prepare, compound, propagate, or process any pesticide or device. 
"(x) PROTECT HEALTH AND THE ENVIRONMENT.—^The terms 'protect 
health and the environment' and 'protection of health and the environ-
ment' mean protection against any unreasonable adverse effects on 
the environment. 
"(y) REGISTRANT.—The term 'registrant' means a person who has 
registered aiiy pesticide pursuant to the provisions of this Act. 
(z) REGISTRATION .—The term 'registration' includes reregistration, 
"(aa) STATE.—^The term 'State' means a State, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
Guam, the Trust Territory of the Pacific Islands, and American 
Samoa. 
"(bb) UNREASONABLE ADVERSE EFFECTS ON THE ENVIRONMENT.— 
The term 'unreasonable adverse effects on the environment' means any 
unreasonable risk to man or the environment, taking into account the 
economic, social, and environmental costs and benefits of the use of any 
pesticide. 
""(cc) WEED.—^^The term 'weed' means any plant which grows where 
not wanted. 
"(dd) ESTABLISHMENT.—The term'establishment'means any place 
where a pesticide or device is produced, or held, for distribution or sale. 
"SEC. 3. REGISTRATION OF PESTICIDES. 
"(a) REQUIREMENT.—Except as otherwise provided by this Act, 
no person in any State may distribute, sell, offer for sale, hold for 
sale, ship, deliver for shipment, or receive and (having so received) 
deliver or offer to deliver, to any person any pesticide which is not 
registered with the Administrator. 
"(b) EXEMPTIONS.—A pesticide which is not registered with the 
Administrator may be transferred if— 
"(1) the transfer is from one registered establishment to 
another registered establishment operated by the same producer 
solely for packaging at the second establishment or for use as 
a constituent part of another pesticide produced at the second 
establishment^: or 
"(2) the transfer is pursuant to and in accordance with the 
requirements of an experimental use permit. 
"(c) PROCEDURE FOR REGISTRATION.— 
(1) STATEMENT REQUIRED.—Each applicant for registration of 
a pesticide shall file with the Administrator a statement which 
includes— 
"(A) the name and address of the applicant and of any 
other person whose name will appear on the labeling; 
"(B) the name of the pesticide; 
"(C) a complete copy of the labeling of the pesticide, a 
statement of all claims to be made for it, and any directions 
for its use; 
"(D) if requested by the Administrator, a full description 
of the tests made and the results thereof upon which the 
m i 
PUBLIC LAW 92-516-OCT. 21,1972 
[86 STAT. 
claims are based, except that data submitted 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 pro-
ducing the test data to be relied upon and such data is not 
protected from disclosure by section 10 (b). If the parties can-
not agree on the amount and method of payment, the Admin-
istrator shall make such determination and may fix such other 
;, _ 
terms and conditions as may be reasonable under the circum-
stances. The Administrator's determination shall be made on 
the record after notice and opportunity for hearing. If the 
owner of the test data does not agree with said determination, 
ji > 
he may, within thirty days, take an appeal to the federal 
district court for the district in which he resides with respect 
. . 
I to either the amount of the payment or the terms of payment, 
or both. In no event shall the amount of payment determined 
fir 
by 
the court 
be less than 
that 
determined 
by 
the 
Administrator; 
.' 
"(E) the complete formula of the pesticide; and 
;v . ; 
"(F) a request that the pesticide be classified for general 
use, for restricted use, or for both. 
"(2) DATA IN SUPPORT OF REGISTRATION.—The Administrator 
shall publish guidelines specifying the kinds of information which 
will be required to support the registration of a pesticide and shall 
, 
revise such guidelines from time to time. If thereafter he requires 
any additional kind of information he shall permit sufficient time 
T for applicants to obtain such additional information. Except as 
provided by subsection (c) (1) (D) of this section and section 10, 
within 30 days after the Administrator registers a pesticide under 
.si this Act he shall make available to the public the data called for in 
the registration statement together with such other scientific 
information as he deems relevant to his decision. 
• • 
"(3) 
TIME FOR ACTING WITH RESPECT TO APPLICATION.—The 
Administrator shall review the data after receipt of the applica-
tion and shall, as expeditiously as possible, either register the 
•' 
pesticide in accordance with paragraph 
(5), or notify the 
applicant of his determination that it does not comply with the 
provisions of the Act in accordance with paragraph (6). 
Publication in 
"(4) NoTiCE OF APPLICATION.—The Administrator shall pub-
Federai Register. 
Yislci iu the Federal Register, promptly after receipt of the state-
ment and other data required pursuant to paragraphs (1) and 
(2), a notice of each application for registration of any pesticide 
B 
if it contains any new active ingredient or if it would entail a 
changed use pattern. The notice shall provide for a period of 30 
days in which any Federal agency or any other interested person 
may comment. 
"(5) 
APPROVAL OF REGISTRATION.—^The Administrator shall 
. 
'• 
register a pesticide if he determines that, when considered with 
'' 
any restrictions imposed under subsection (d)— 
"(A) its composition is such as to warrant the proposed 
V£iB i 
claims for it; 
"(B) its labeling and other material required to be sub-
mitted comply with the requirements of this Act; 
^ 
"(C) 
it will perform its intended function Avithout 
unreasonable adverse effects on the environment: and 
Federal Register. 
86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
981 
"(D) wlien used in accordance with widespread and com-
monly recognized practice it will not generally cause 
unreasonable adverse effects on the environment. 
The Administrator shall not make any lack of essentiality a cri-
terion for denying registration of any pesticide. Where two 
pesticides meet the requirements of this paragraph, one should not 
be registered in preference to the other. 
"(6) DENIAL or REGISTRATION.—If the Administrator deter-
mines that the requirements of paragraph (5) for registration are 
not satisfied, he shall notify the applicant for registration of his 
determination and of his reasons (including the factual basis) 
' 
therefor, and that, unless the applicant corrects the conditions 
and notifies the Administrator thereof during the 30-day period 
beginning with the day after the date on which the applicant 
receives the notice, the Administrator may refuse to register the 
pesticide. Whenever the Administrator refuses to register a 
pesticide, he shall notify the applicant of his decision and of his 
reasons (including the factual basis) therefor. The Administrator ^j^'i^i^''^''°f_i" 
shall promptly j)ublish in the Federal Register notice of such 
denial of registration and the reasons therefor. Upon such notifi-
cation, the applicant for registration or other interested person 
with the concurrence of the applicant shall have the same remedies 
as provided for in section 6. 
"(d) 
CLASSIFICATION or PESTICIDES.— 
"(1) 
CLASSIFICATION FOR GENERAL USE, RESTRICTED USE, OR 
BOTH. 
"(A) As a part of the registration of a pesticide the 
Administrator shall classify it as being for general use or for 
restricted use, provided that if the Administrator determines 
that some of the uses for which the pesticide is registered 
should be for general use and that other uses for which it 
is registered should be for restricted use, he sliall classify it 
for both general use and restricted use. If some of the uses 
of the pesticide are classified for general use and other uses 
are classified for restricted use, the directions relating to its 
general uses shall be clearly separated and distinguished from 
those directions relating to its restricted uses: Provided^ 
however^ That the Administrator may require that its packag-
ing and labeling for restricted uses shall be clearly distin-
guishable from its packaging and labeling for general uses. 
"(B) If the Administrator determines that the pesticide, 
when applied in accordance with its directions for use, warn-
ings and cautions and for the uses for which it is registered, 
or for one or more of such uses, or in accordance with a wide-
spread and commonly recognized practice, will not generally 
cause unreasonable adverse effects on the environment, he 
will classify the pesticide, or the particular use or uses of the 
pesticide to which the determination applies, for general use. 
"(C) If the Administrator determines that the pesticide, 
when applied in accordance with its directions for use, warn-
ings and cautions and for the uses for which it is registered, 
or for one or more of such uses, or in accordance with a wide-
spread and commonly recognized practice, may generally 
cause, without additional regulatory restrictions, unreason-
able adverse effects on the environment, including injury to 
the applicator, he shall classify the pesticide, or the particular 
982 
PUBLIC LAW 92-516~OCT. 21, 1972 
[86 STAT. 
use or uses to which the determination applies, for restricted 
use: 
"(i) If the Administrator classifies a pesticide, or one 
or more uses of such pesticide, for restricted use because 
of a determination that the acute dermal or inhalation 
toxicity of the pesticide presents a hazard to the appli-
cator or other persons, the pesticide shall be applied for 
any use to which the restricted classification applies only 
by or under the direct supervision of a certified applicator, 
"(ii) If the Administrator classifies a pesticide, or 
one or more uses of such pesticide, for restricted use 
because of a determination that its use without addi-
tional regulatory restriction may cause unreasonable 
adverse effects on the environment, the pesticide shall 
be applied for any use to which the determination 
applies only by or under the direct supervision of a 
certified applicator, or subject to such other restrictions 
as the Administrator may provide by regulation. Any 
such regulation shall be reviewable in the appropriate 
court of appeals upon petition of a person adversely 
affected filed within 60 days of the publication of the 
regulation in final form. 
Publication in 
" (£) CHANGE IN CLASSIFICATION".—If the Administrator deter-
Federai Register. 
miues that a chauge in the classification of any use of a pesticide 
from general use to restricted use is necessary to prevent unreason-
able adverse effects on the environment, he shall notify the regis-
trant of such pesticide of such determination at least 30 days 
before making the change and shall publish the proposed change 
in the Federal Register. The registrant, or other interested person 
with the concurrence of the registrant, may seek relief from such 
determination under section 6(b). 
"(e) 
PRODUCTS W I T H SAME FORMULATION AND CLAIMS.—Products 
which have the same formulation, are manufactured by the same 
person, the labeling of which contains the same claims, and the labels 
of which bear a designation identifying the product as the same pesti-
cide may be registered as a single pesticide; and additional names and 
labels shall be added to the registration by supplemental statements. 
"(f) MISCELLANEOUS.— 
"(1) 
EFFECT OF CHANGE OF LABELING OR FORMULATION.—If the 
labeling or formulation for a pesticide is changed, the registration 
shall be amended to reflect such change if the Administrator 
determines that the change will not violate any provision of this 
Act. 
"(2) REGISTRATION NOT A DEFENSE.—'In no event shall registra-
tion of an article be construed as a defense for the commission 
of any offense under this Act: Provided^ That as long as no can-
cellation proceedings are in effect registration of a pesticide shall 
be prima facie evidence that the pesticide, its labeling and pack-
aging comply with the registration provisions of the Act. 
" (3) AUTHORITY TO CONSULT OTHER FEDERAL AGENCIES.—In con-
nection with consideration of any registration or application for 
registration under this section, the Administrator may consult 
with any other Federal agency. 
86 STAT.] 
PUBLIC LAW 92-516-OCT. 21, 1972 
983 
"SEC. 4. USE OF RESTRICTED USE PESTICIDES; CERTIFIED APPLI-
CATORS. 
" ( a ) CERTIFICATION PROCEDURE.— 
"(1) FEDERAL CERTIFICATION.—Subject to paragrajjh (2), the 
Administrator shall prescribe standards for the certification of 
applicators of pesticides. Such standards shall provide that to be 
certified, an individual must be determined to be competent with 
respect to the use and handling of pesticides, or to the use and 
handling of the pesticide or class of pesticides covered by such 
individual's certification. 
"(2) STATE CERTIFICATION.—If any State, at any time, desires 
to certify applicators of pesticides, the Governor of such State 
shall submit a State plan for such purpose. The Administrator 
shall approve the plan submitted by any State, or any modifica-
tion thereof, if such plan in his judgment— 
"(A) designates a State agency as the agency responsible 
for administering the plan throughout the State; 
"(B) contains satisfactory assurances that such agency has 
or will have the legal authority and qualified personnel 
necessary to carry out the plan; 
"(C) gives satisfactory assurances that the State will 
devote adequate funds to the administration of the plan; 
"(D) provides that the State agency will make such 
reports to the Administrator in such form and containing 
such information as the Administrator may from time to 
time require; and 
"(E) contains satisfactory assurances that State standards 
for the certification of applicators of pesticides conform with 
those standards prescribed by the Administrator under para-
graph (1). 
Any State certification program under this section shall be maintained 
in accordance with the State plan approved under this section. 
"(b) STATE PLANS.—If the Administrator rejects a plan submitted 
under this paragraph, he shall ajfford the State submitting the plan due 
notice and opportunity for hearing before so doing. If the Administra-
tor approves a plan submitted under this paragraph, then such State 
shall certify applicators of pesticides with respect to such State. 
Whenever the Administrator determines that a State is not adminis-
tering the certification program in accordance with the plan approved 
under this section, he shall so notify the State and provide for a hear-
ing at the request of the State, and, if appropriate corrective action is 
not taken within a reasonable time, not to exceed ninety days, the 
Administrator shall withdraw approval of such plan. 
"SEC. 5. EXPERIMENTAL USE PERMITS. 
"(a) ISSUANCE.—^Any person may apply to the Administrator for 
an experimental use permit for a pesticide. The Administrator may 
issue an experimental use permit if he determines that the applicant 
needs such permit in order to accumulate information necessary to 
register a pesticide under section 3. An application for an experi-
mental use permit may be filed at the time of or before or after an 
application for registration is filed. 
"(b) TEMPORARY TOLERANCE LEVEL.—If the Administrator deter-
mines that the use of a pesticide may reasonably be expected to result 
in any residue on or in food or feed, he may establish a temporary 
tolerance level for the residue of the pesticide before issuing the 
experimental use permit. 
s t a n d a r d s . 
H e a r i n g . 
82-081 O - 73 - 65 
984 
PUBLIC LAW 92-516-OCT. 21, 1972 
[86 STAT. 
''(c) USE 1'NDER PERMIT.—Use of a pesticide under an experimental 
use permit shall be under the supervision of the Administrator, and 
shall be subject to such terms and conditions and be for such period 
,eb >
a
i n. 
of tlmc as the Administrator may prescribe in the permit. 
"(d) STUDIES.—When any experimental use permit is issued for a 
pesticide containing any chemical or combination of chemicals which 
has not been included in any previously registered pesticide, the 
Administrator may specify that studies be conducted to detect 
whether the use of the pesticide under the permit may cause 
unreasonable advei-se effects on the environment. All results of such 
studies shall be reported to the Administrator before such pesticide 
may be registered under section 3. 
"(e) 
REVOCATION.—The Administrator may revoke any experi-
mental use permit, at any time, if he finds that its terms or conditions 
are being violated, or that its terms and conditions are inadequate to 
avoid unreasonable adverse effects on the environment. 
"(f) 
STATE ISSUANCE OF PERMITS.—Notwithstanding the foregoing 
provisions of this section, the Administrator may, under such terms 
and conditions as he may by regulations prescribe, authorize any State 
to issue an experimental use permit for a pesticide. All provisions of 
section 4 relating to State plans shall apply with equal foi'ce to a Statt 
plan for the issuance of experimental use permits under this section. 
"SEC. 6. ADMINISTRATIVE REVIEW; SUSPENSION. 
"(a) 
CANCELLATION AFTER FIVE YEARS— 
" (1) PROCEDURE.—The Administrator shall cancel the registra-
tion of any pesticide at the end of the five-year period which 
begins on the date of its registration (or at the end of any five-
year period thereafter) unless the registrant, or other interested 
person with the concurrence of the registrant, before the end of 
such period, requests in accordance with regulations prescribed by 
^ 
the Administrator that the registration be continued in effect: 
.3ab«jH 
Provided, Tliat the Administrator may permit the continued sale 
and use of existing stocks of a pesticide whose registration is can-
celed under this subsection or subsection (b) to such extent, under 
such conditions, and for such uses as he may specify if he deter-
mines that such sale or use is not inconsistent with the purposes of 
this Act and will not have unreasonable adverse effects on the 
environment. The Administrator shall publish in the Federal 
Register, at least 30 days prior to the expiration of such five-year 
period, notice that the registration will be canceled if the regis-
trant or other interested person with the concurrence of the 
registrant does not request that the registration be continued in 
effect. 
"(2) INFORMATION.—If at any time after the registration of a 
pesticide the registrant has additional factual information regard-
ing unreasonable adverse effects on the environment of the pesti-
cide, he shall submit such information to the Administrator. 
"(b) 
CANCELLATION AND CHANGE IN CLASSIFICATION.—If it appears 
to the Administrator that a pesticide or its labeling or other material 
required to be submitted does not comply with the provisions of this 
Act or, when used in accordance with widespread and commonly 
recognized practice, generally causes unreasonable adverse effects on 
the environment, the Administrator may issue a notice of his intent 
either— 
Publication in 
Federal Register. 
86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
985 
"(1) to cancel its registration or to change its classification 
together with the reasons (including the factual basis) for his 
action, or 
" (2) to hold a hearing to determine whether or not its registra- 
Hearing, 
tion should be canceled or its classification changed. 
Such notice shall be sent to the registrant and made public. The pro-
posed action shall become final and effective at the end of 30 days from 
receipt by the registrant, or publication, of a notice issued under para-
graph (1), whichever occurs later, unless within that time either (i) 
the registrant makes the necessary corrections, if possible, or (ii) a 
request for a hearing is made by a person adversely affected by the 
notice. In the event a hearing is held pursuant to such a request or to 
the Administrator's determination under paragraph (2), a decision 
pertaining to registration or classification issued after completion of 
such hearing shall be final. 
"(c) 
SUSPENSION.— 
"(1) ORDER.—If the Administrator determines that action is 
^ 
necessary to prevent an imminent hazard during the time required 
for cancellation or change in classification proceedings, he may, by 
order, suspend the registration of the pesticide immediately. No 
order of suspension may be issued unless the Administrator has 
issued or at the same time issues notice of his intention to cancel 
the registration or change the classification of the pesticide. 
"Except as provided in paragraph (3), the Administrator shall 
notify the registrant prior to issuing any suspension order. Such 
notice shall include findings pertaining to the question of 'immi- 
.at-fjowi: 
nent hazard'. The registrant shall then have an opportunity, in 
accordance with the provisions of paragraph (2), for an expe-
dited hearing before the Agency on the question of Avhether an 
imminent hazard exists. 
"(2) EXPEDITE HEARING.—If no request for a hearing is sub-
mitted to the Agency within five days of the registrant's receipt 
of the notification provided for by paragraph (1), the suspension 
order may be issued and shall take effect and shall not be review-
able by a court. If a hearing is requested, it shall commence 
within five days of the receipt of the request for such hearing 
unless the registrant and the Agency agree that it shall commence 
at a later time. The hearing shall be held in accordance with the 
provisions of subchapter I I of title 5 of the United States Code, ^ so stat. asi; 
except that the presiding officer need not be a certified hearing 
examiner. The presiding officer shall have ten days from the 
conclusion of the presentation of evidence to submit recommended 
findings and conclusions to the Administrator, who shall then 
have seven days to render a final order on the issue of suspension. 
"(3) EMERGENCT ORDER.—^Whenever the Administrator deter-
mines that an emergency exists that does not permit him to hold a 
hearing before suspending, he may issue a suspension order in 
advance of notification to the registrant. In that case, paragraph 
(2) shall apply except that (i) the order of suspension shall be 
in effect pending the expeditious completion of the remedies pro-
vided by that paragraph and the issuance of a final order on sus-
pension, and (ii) no party other than the registrant and the 
Agency shall participate except that any person adversely affected 
may file briefs within the time allotted by the Agency's rules. Any 
person so filing briefs shall be considered a party to such pro-
ceeding for the purposes of section 16 (b). 
;>?Uf 8S. 
81 Stat. 54. 
5 u s e 551. 
986 
PUBLIC LAW 92-516-OCT. 21, 1972 
[86 STAT. 
"(4) JUDICIAL REVIEW.—A final order on the question of sus-
pension following a hearing shall be reviewable in accordance with 
^ction 16 of this Act, notwithstanding the fact that any related 
cancellation proceedings have not been completed. Petitions to 
review orders on the issue of suspension shall be advanced on the 
docket of the courts of appeals. Any order of suspension entered 
prior to a hearing before the Administrator shall be subject to 
immediate review in an action by the registrant or other interested 
person with the concurrence of the registrant in an appropriate 
district court, solely to determine whether the order of suspension 
was arbitrary, capricious or an abuse of discretion, or whether the 
order was issued in accordance with the procedures established 
by law. The effect of any order of the court will be only to stay 
the effectiveness of the suspension order, pending the Administra-
tor's final decision with respect to cancellation or change in classi-
fica4;ion. This action may be maintained simultaneously with any 
administrative review proceeding under this section. The com-
mencement of proceedings under this paragraph shall not operate 
as a stay of order, unless ordered by the court. 
"(d) PUBLIC HEARINGS AND SCIENTIFIC EEVIEW.—In the event a 
hearing is requested pursuant to subssction (b) or determined upon by 
the Administrator pursuant to subsection (b), such hearing shall be 
held after due notice for the purpose of receiving evidence relevant 
and material to the issues raised by the objections filed by the 
applicant or other interested parties, or to the issues stated by the 
Administratorj if the hearing is called by the Administrator rather 
subpena, 
than by the filing of objections. Upon a showing of relevance and rea-
sonable scope of evidence sought by any party to a public hearing, the 
Hearing Examiner shall issue a subpena to compel testimony or pro-
duction of documents from any person. The Hearing Examiner shall 
28 use app. 
be guided by the principles of the Federal Rules of Civil Procedure 
in making any ord!er for the protection of the witness or the content of 
documents produced and shall order the payment of reasonable fees 
and expenses as a condition to requiring testimony of the witness. On 
contest, the subpena may be enforced by an appropriate United States 
district court in accordance with the principles stated hei'ein. Upon 
the request of any party to a public hearing and when in the Hearing 
Examiner's judgment it is necessary or desirable, the Hearing Exam-
iner shall at any time before the hearing record is closed refer to a 
Committee of the National Academy of Sciences the relevant questions 
of scientific fact involved in the public hearing. No member of any 
committee of the National Academy of Sciences established to carry 
out the functions of this section shall have a financial or other conflict 
of interest with respect to any matter considered by such committee. 
Report. 
'pj^g Committee of the National Academy of Sciences shall report in 
writing to the Hearing Examiner within 60 days after such referral 
on these questions of scientific fact. The report shall be made public 
and shall be considered as part of the hearing record. The Adminis-
trator shall enter into appropriate arrangements with the National 
Academy of Sciences to assure an objective and competent scientific 
review of the questions presented to Committees of the Academy and 
to provide such other scientific advisory services as may be required 
by the Administrator for carrying out the purposes of this Act. As 
soon as practicable after completion of the hearing (including the 
report of the Academy) but not later than 90 days thereafter, the 
Administrator shall evaluate the data and reports before him and issue 
an order either revoking his notice of intention issued pursuant to 
86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
987 
this section, or shall issue an order either canceling the registration, 
changing the classification, denying the registration, or requiring mod-
ification of the labeling or packaging of the article. Such order shall 
be based only on substantial evidence of record of such hearing and 
shall set forth detailed findings of fact upon which the order is based. 
"(e) JUDICIAL REVIEW.—Final orders of the Administrator under 
this section shall be subject to judicial review pursuant to section 16. 
-. 
"SEC. 7. REGISTRATION OF ESTABLISHMENTS. 
"(a) REQUIREMENT.—No person shall produce any pesticide sub-
ject to this Act in any State unless the establishment in which it is 
i 
produced is registered with the Administrator. The application for 
registration of any establishment shall include the name and address 
of the establishment and of the producer who operates such 
establishment. 
; 
"(b) REGISTRATION.—Whenever the Administrator receives an appli- 
; 
cation under subsection (a), he shall register the establishment and 
assign it an establishment number. 
"(c) INFORMATION REQUIRED.— 
" (1) Any producer operating an establishment registered under 
this section shall inform the Administrator within 30 days after it 
is registered of the types and amounts of pesticides— 
" (A) which he is currently producing; 
"(B) which he has produced during the past year; and 
"(C) which he has sold or distributed during the past year. 
The information required by this paragraph shall be kept current 
and submitted to the Administrator annually as i-equired under 
such regulations as the Administrator may prescribe. 
"(2) Any such producer shall, upon the request of the Admin-
istrator for the purpose of issuing a stop sale order pursuant to 
section 13, inform him of the name and address of any recipient 
of any pesticide produced in any registered establishment which 
he operates. 
"(d) 
CONFIDENTIAL RECORDS AND INFORMATION.—Any informa-
tion submitted to the Administrator pursuant to subsection (c) shall 
be considered confidential and shall be subject to the provisions of 
section 10. 
"SEC. 8. BOOKS AND RECORDS. 
" (a) REQUIREMENTS.—The Administrator may prescribe regulations 
Regulations, 
requiring producers to maintain such records with respect to their 
operations and the pesticides and devices produced as he determines 
are necessary for the effective enforcement of this Act. No records 
required under this subsection shall extend to financial data, sales 
data other than shipment data, pricing data, personnel data, and 
research data (other than data relating to registered pesticides or to 
a pesticide for which an application for registration has been filed). 
"(b) INSPECTION.—^For the purposes of enforcing the provisions of 
this Act, any producer, distributor, carrier, dealer, or any other person 
^ 
who sells or offers for sale, delivers or offers for delivery any pesticide 
or device subject to this Act, shall, upon request of" any officer or 
employee of the Environmental Protection Agency or of any State or 
political subdivision, duly designated by the Administrator, furnish or 
permit such person at all reasonable times to have access to, and to 
copy: (1) all records showing the delivery, movement, or holding of 
such pesticide or device, including the quantity, the date of shipment 
and receipt, and the name of the consignor and consignee; or (2) in the 
event of the inability of any person to produce records containing such 
988 
PUBLIC LAW 92-516-OCT. 21, 1972. 
[86 STAT. 
information, all other records and information relating to such deliv-
ery, movement, or holding of the pesticide or device. Any inspection 
with respect to any records and information referred to in this sub-
section shall not extend to financial data, sales data other than ship-
ment data, pricing data, personnel data, and research data (other than 
data relating to registered pesticides or to a pesticide for which an 
application for registration has been filed). 
"SEC. 9. INSPECTION OF ESTABLISHMENTS, ETC. 
"(a) I N GENERAL.—For purposes of enforcing the provisions of 
this Act, officers or employees duly designated by the Administrator 
are authorized to enter at reasonable times, any establishment or other 
place where pesticides or devices are held for distribution or sale for 
the purpose of inspecting and obtaining samples of any pesticides or 
devices, packaged, labeled, and released for shipment, and samples of 
any containers or labeling for such pesticides or devices. 
Before undertaking such inspection, the officers or employees must 
present to the owner, operator, or agent in charge of the establishment 
or other place where pesticides or devices are held for distribution or 
sale, appropriate credentials and a written statement as to the reason 
for the inspection, including a statement as to whether a violation of 
the law is suspected. If no violation is suspected, an alternate and suffi-
cient reason shall be given in writing. Each such inspection shall be 
commenced and completed with reasonable promptness. If the officer 
or employee obtains any samples, prior to leaving the premises, he shall 
give to the owner, operator, or agent in charge a receipt describing the 
samples obtained and, if requested, a portion of each such sample 
equal in volume or weight to the portion retained. If an analysis is 
made of such samples, a copy of the results of such analysis shall be 
furnished promptly to the owner, operator, or agent in charge. 
"(b) WARRANTS.—For purposes of enforcing the provisions of this 
Act and upon a showing to an officer or court of competent jurisdic-
tion that there is reason to believe that the provisions of this Act 
have been violated, officers or employees duly designated by the 
Administrator are empowered to obtain and to execute warrants 
authorizing— 
atn 
" (1) entry for the purpose of this section; 
"(2) inspection and reproduction of all records showing the 
quantity, date of shipment, and the name of consi^or and con-
signee of any pesticide or device found in the establishment Avhich 
is adulterated, misbranded, not registered (in the case of a pes-
ticide) or otherwise in violation of this Act and in th^ event of the 
inability of any person to produce records containing such 
information, all other records and information relating to such 
delivery, movement, or holding of the pesticide or device; and 
"(3) the seizure of any pesticide or device which is in violation 
of this Act. 
"(c) ENFORCEMENT.— 
"(1) CERTIFICATION OF FACTS TO ATTORNEY GENERAL.—The 
examination of pesticides or devices shall be made in the Environ-
mental Protection Agency or elsewhere as the Administrator may 
designate for the purpose of determining from such examinations 
whether they comply with the requirements of this Act. If it 
shall appear from any such examination that they fail to comply 
with the requirements of this Act, the Administrator shall cause 
notice to be given to the person against whom criminal or civil 
proceedings are contemplated. Any person so notified shall be 
86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
989 
given an opportunity to present liis views, either orally or in 
writing, with regard to such contemplated proceedings, and if 
in the opinion of the Administrator it appears that the provisions 
of this Act have been violated bv such person, then the Adminis-
trator shall certify the facts to tlie Attorney General, with a copy 
of the results of the analysis or the examination of such pesticide 
for the institution of a criminal proceeding pursuant to section 
14(b) or a civil proceeding under section 14(a), when the 
Administrator determines that such action will be sufficient to 
effectuate the purposes of this Act. 
"(2) NOTICE NOT REQUIRED.—The notice of contemplated pro-
ceedings and opportunity to present views set forth in this sub-
section are not prerequisites to the institution of any proceeding 
by the Attorney General. 
"(3) WARNING NOTICES.—Nothing in this Act shall be con-
strued as requiring the Administrator to institute proceedings 
for prosecution of minor violations of this Act whenever he 
believes that the public interest will be adequately served by a 
suitable written notice of warning. 
"SEC. 
1
0
. 
PROTECTION 
OF 
TRADE 
SECRETS 
AND 
OTHER 
INFORMATION. 
"(a) I N GENERAL.—In submitting data required by this Act, the 
applicant may (1) clearly mark any portions thereof which in his 
opinion are trade secrets or commercial or financial information and 
(2) submit such marked material separately from other material 
required to be submitted mider this Act. 
" (b) DISCLOSURE.—Notwithstanding any other provision of this Act, 
the Administrator shall not make public information which in his judg-
ment contains or relates to trade secrets or commercial or financial 
information obtained from a person and privileged or confidential, 
except that, when necessary to carry out the provisions of this Act, 
information relating to formulas of products acquired by authoriza-
tion of this Act may be revealed to any Federal agency consulted 
and may be revealed at a public hearing or in findings of fact issued 
by the Administrator. 
" (c) DISPUTES.—If the Administrator jJroposes to release for inspec-
tion information which the applicant or registrant believes to be 
protected from disclosure under subsection (b), he shall notify the 
applicant or registrant, in writing, by certified mail. The Administra-
tor shall not thereafter make available for inspection such data until 
thirty days after receipt of the notice by the applicant or registrant. 
During this period, the applicant or registrant may institute an action 
in an appropriate district court for a declaratory judgment as to 
whether such information is subject to protection under subsection (b). 
"SEC. 11. STANDARDS APPLICABLE TO PESTICIDE APPLICATORS. 
"(a) I N GENERAL.—No regulations prescribed by the Administrator 
for carrying out the j)rovisions of this Act shall require any private 
applicator to maintain any records or file any reports or other 
documents. 
"(b) SEPARATE STANDARDS.—^When establishing or approving stand-
ards for licensing or certification, the Administrator shall establish 
separate standards for commercial and private applicators. 
"SEC. 12. UNLAWFUL ACTS. 
"(a) I N GENERAL.— 
"(1) Except as provided by subsection (b), it shall be unlawful 
' 
for any person in any State to distribute, sell, offer for sale, hold 
990 
PUBLIC LAW 92-516-OCT. 21, 1972 
[86 STAT. 
for sale, ship, deliver for shipment, or receive and (having so 
received) deliver or offer to deliver, to any person— 
"(A) any pesticide which is not registered under section 3, 
except as provided by section 6(a)(1); 
"(B) any registered pesticide if any claims made for it as a 
part of its distribution or sale substantially differ from any 
claims made for it as a part of the statement required in 
connection with its registration under section 3; 
, 
"(C) any registered pesticide the composition of which 
differs at the time of its distribution or sale from its compo-
sition as described in the statement required in connection 
with its registration under section 3; 
"(D) any pesticide which has not been colored or discolored 
pursuant to the provisions of section 25(c)(5); 
"(E) any pesticide which is adulterated or misbranded; or 
"(F) any device which is misbranded. 
"(2) It shall be unlawful for any person— 
"(A) to detach, alter, deface, or destroy, in whole or in 
part, any labeling required under this Act; 
"(B) to refuse to keep any records required pursuant to 
section 8, or to refuse to allow the inspection of any records 
or establishment pursuant to section 8 or 9, or to refuse to 
allow an officer or employee of the Environmental Protection 
Agency to take a sample of any pesticide pursuant to section 9; 
"(C) to give a guaranty or undertaking provided for in 
subsection (b) which is false in any particular, except that 
a person who receives and relies upon a guaranty authorized 
under subsection (b) may give a guaranty to the same effect, 
which guaranty shall contain, in addition to his own name 
and address, the name and address of the person residing in 
the United States from whom he received the guaranty or 
undertaking; 
"(D) to use for his own advantage or to reveal, other than 
to the Administrator, or officials or employees of the Environ-
mental Protection Agency or other Federal executive agen-
cies, or to the courts, or to physicians, pharmacists, and other 
qualified persons, needing such information for the perform-
ance of their duties, in accordance with such directions as 
the Administrator may prescribe, any information acquired 
by authority of this Act which is confidential under this Act; 
"(E) who is a registrant, wholesaler, dealer, retailer, or 
other distributor to advertise a product registered under this 
Act for restricted use without giving the classification of the 
product assigned to it under section 3; 
"(F) to make available for use, or to use, any registered 
pesticide classified for restricted use for some or all purposes 
other than in accordance with section 3(d) and any regula-
tions thereunder;-
"(G) to use any registered pesticide in a manner incon-
sistent with its laibeling; 
"(H) to use any pesticide which is under an experimental 
use permit contrary to the provisions of such permit; 
"(I) to violate any order issued under section 13; 
" (J) to violate any suspension order issued under section 6; 
"(K) to violate any cancellation of registration of a pesti-
: 
cide under section 6, except as provided by section 6(a) (1); 
86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
991 
"(L) who is a producer to violate any of the pro\isions of 
section 7; 
"(M) to knowingly falsify all or part of any api^lication 
for registration, application for experimental use permit, any 
information submitted to the Administrator pursuant to 
section 7, any records required to be maintained pursuant 
to section 8, any report filed under this Act, or any informa-
tion marked as confidential and submitted to the Adminis-
trator under any provision of this Act; 
"(N) who is a registrant, wholesaler, dealer, retailer, or 
other distributor to fail to file reports required by this Act; 
"(O) to add any substance to, or take any substance from, 
any pesticide in a manner that may defeat the purpose of 
this Act; or 
"(P) to use any pesticide in tests on human beings unless 
such human beings (i) are fully informed of the nature and 
purposes of the test and of any physical and mental health 
consequences which are reasonably foreseeable therefrom, and 
(ii) freely volunteer to participate in the test. 
"(b) EXEMPTIONS.—The penalties provided for a violation of para-
graph (1) of subsection (a) shall not apply to— 
"(1) any person who establishes a guaranty signed by, and 
containing the name and address of, the registrant or person 
residing in the United States from whom he purchased or received 
in good faith the pesticide in the same unbroken package, to the 
effect that the pesticide was lawfully registered at the time of sale 
and delivery to him, and that it complies with the other require-
ments of this Act, and in such case the guarantor shall be subject 
to the penalties which would otherwise attach to the person 
holding the guaranty under the provisions of this Act; 
"(2) any carrier while lawfully shipping, transporting, or 
delivering for shipment any pesticide or device, if such carrier 
upon request of any officer or employee duly designated by the 
Administrator shall permit such officer or employee to copy all 
of its records concerning such pesticide or device ; 
"(3) any public official while engaged in the performance of 
his official duties; 
"(4) any person using or possessing any pesticide as provided 
by an experimental use permit in effect with respect to such 
pesticide and such use or possession; or 
"(5) any person who ships a substance or mixture of sub-
stances being put through tests in which the purpose is only to 
determine its value for pesticide purposes or to determine its 
toxicity or other properties and from which the user does not 
expect to receive any benefit in pest control from its use. 
"SEC. 13. STOP SALE, USE, REMOVAL, AND SEIZURE. 
•'(a) STOP SALE, ETC., ORDERS.—Whenever any pesticide or device 
is found by the Administrator in any State and there is reason to 
believe on the basis of inspection or tests that such pesticide or device 
is in violation of any of the provisions of this Act, or that such pesti-
cide or device has been or is intended to be distributed or sold in viola-
tion of any such provisions, or when the registration of the pesticide 
lias been canceled by a final order or has been suspended, the Admin-
istrator may issue a written or printed 'stop sale, use, or removal' 
OT'der to any person who owns, controls, or has custody of such pesticide 
or device, and after receipt of such order no person shall sell, use, or 
992 
PUBLIC LAW 92-516-OCT. 21, 1972 
[86 STAT. 
remove the pesticide or device described in the order except in accord-
ance with the provisions of the order. 
'• (b) SEIZURE.—Any pesticide or device that is being transported or, 
having been transported, remains unsold or in original unbroken 
packages, or that is sold or offered for sale in any State, or that is 
imported from a foreign country, shall be liable to be proceeded 
against in any district court in the district where it is found and 
seized for confiscation by a process in rem for condemnation if— 
" (1) in the case of a pesticide— 
"(A) it is adulterated or misbranded; 
"(B) it is not registered pursuant to the provisions of sec-
tions; 
!o -'.H 
"(C) its labeling fails to bear the information required by 
this Act; 
< 
"(D) it is not colored or discolored and such coloring or 
discoloring is required under this Act; or 
„ 
"(E) any of the claims made for it or any of the directions 
•' 
for its use differ in substance from the representations made 
in connection with its registration; 
''' 
" (2) in the case of a device, it is misbranded; or 
" (3) in the case of a pesticide or device, when used in accordance 
with the requirements imposed under this Act and as directed 
by the labeling, it nevertheless causes unreasonable adverse 
effects on the environment. In the case of a plant regulator, 
defoliant, or desiccant, used in accordance with the label claims 
and 
recommendations, physical or physiological effects 
on 
plants or parts thereof shall not be deemed to be injury, when 
such effects are the purpose for which the plant regulator, 
. 
defoliant, or desiccant was applied. 
"(c) 
DISPOSITION 
AFTER 
CONDEMNATION.—If 
the 
pesticide 
or 
device is condemned it shall, after entry of the decree, be disposed of by 
destruction or sale as the court ma^ direct and the proceeds, if sold, 
less the court costs, shall be paid into the Treasury of the United 
States, but the pesticide or device shall not be sold contrary to the 
provisions of this Act or the laws of the jurisdiction in which it is 
sold: Provided^ That upon payment of the costs of the condemnation 
proceedings and the execution and delivery of a good and sufficient 
bond conditioned that the pesticide or device shall not be sold or 
otherwise disposed of contrary to the provisions of the Act or the 
laws of any jurisdiction in which sold, the court may direct that 
such pesticide or device be delivered to the owner thereof. The pro-
ceedings of such condemnation cases shall conf rom, as near as may be 
to the proceedings in admiralty, except that either party may demand 
trial by jury of any issue of fact joined in any case, and all such 
proceedings shall be at the suit of and in the name of the United 
States. 
"(d) 
COURT COSTS, ETC.—^When a decree of condemnation is 
entered against the pesticide or device, court costs and fees, storage, 
and other proper expenses shall be awarded against the person, if any, 
intervening as claimant of the pesticide or device. 
"SEC. 14. PENALTIES. 
"(a) 
CIVIL PENALTIES.— 
"(1) I N GENERAL.—Any registrant, commercial applicator, 
wholesaler, dealer, retailer, or other distributor who violates any 
provision of this Act may be assessed a civil penalty by the 
Administrator of not more than $5,000 for each offense. 
86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
993 
"(2) PRIVATE APPLICATOR.—Any private applicator or other 
person not included in paragraph (1) who violates any provision 
of this Act subsequent to receiving a written warning from the 
Administrator or following a citation for a prior violation, may 
be assessed a civil penalty by the Administrator of not more than 
$1,000 for each offense. 
"(3) HEARING.—^o civil penalty shall be assessed unless the 
person chai'ged shall have been given notice and opportunity for 
a hearing on such charge in the county, parish, or incorporated 
city of the residence of the person charged. In determining the 
amount of the penalty the Administrator shall consider the appro- 
, 
priateness 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. 
''(4) REFERENCES TO ATTORNEY GENERAL.—In case of inability 
to collect such civil penalty or failure of any person to pay all, 
or such portion of such civil penalty as the Administrator may 
determine, the Administrator shall refer the matter to the Attor-
ney General, who shall recover such amount by action in the 
appropriate United States district court. 
"(b) 
CRIMINAL PENALTIES.— 
"(1) I N GENERAL.—Any registrant, commercial applicator, 
wholesaler, dealer, retailer, or other distributor who knowingly 
violates any provision of this Act shall be guilty of a misdemeanor 
and shall on conviction be fined not more than $25,000, or impris-
oned for not more than one year, or both. 
"(2) PRIVATE APPLICATOR.—Any private applicator or other 
person not included in paragraph (1) who knowingly violates 
^ 
any provision of this Act shall be guilty of a misdemeanor and 
shall on conviction be fined not more than $1,000, or imprisoned 
for not more than 30 days, or both. 
"(3) DISCLOSURE OF INFORMATION.—Any person, who, with 
intent to defraud, uses or reveals information relative to formulas 
of products acquired under the authority of section 3, shall be 
fined not more than $10,000, or imprisoned for not more than 
three years, or both. 
^, i.^.i,.jj, r-
"(4) ACTS OF OFFICERS, AGENTS, ETC.—When construing and 
\ t cf raaofe 
enforcing the provisions of this Act, the act, omission, or failure 
of any officer, agent, or other person acting for or employed by 
any person shall in every case be also deemed to be the act, 
omission, or failure of such person as well as that of the person 
employed. 
"SEC. 15. INDEMNITIES. 
"(a) 
REQUIREMENT.—If— 
"(1) the Administrator notifies a registrant that he has sus-
pended the registration of a pesticide because such action is neces-
sary to prevent an imminent hazard; 
" (2) the registration of the pesticide is canceled as a result of a 
final determination that the use of such pesticide will create 
an imminent hazard; and 
"(3) any person who owned any quantity of such pesticide 
immediately before the notice to the registrant under paragraph 
, 
(1) suffered losses by reason of suspension or cancellation of the 
registration, 
the Administrator shall make an indemnity payment to such person, 
unless the Administrator finds that such person (i) had knowledge of 
facts which, in themselves, would have shown that such pesticide did 
994 
PUBLIC LAW 92-516-OCT. 21, 1972 
[86 STAT. 
not meet the requirements of section 3(c) (5) for registration, and (ii) 
continued thereafter to produce such pesticide without giving timely 
notice of such facts to the Administrator. 
"(b) 
AMOUNT OF PAYMENT.— 
" (1) I N GENERAL.—The amount of the idemnity payment under 
subsection (a) to any person shall be determined on the basis of 
the cost of the pesticide owned by such person immediately before 
the notice to the registrant referred to in subsection (a) (1) ; 
except that in no event shall an indemnity payment to any person 
exceed the fair market value of the pesticide owned by such person 
Immediately before the notice referred to in subsection (a)(1). 
"(2) SPECIAL RULE.—Notwithstanding any other provision of 
this Act, the Administrator may provide a reasonable time for use 
or other disposal of such pesticide. In determining the quantity 
of any pesticide for which indemnity shall be paid under this 
subsection, proper adjustment shall be made for any pesticide used 
or otherwise disposed of by such owner. 
"SEC. 16. ADMINISTRATIVE PROCEDURE; JUDICIAL REVIEW. 
"(a) DISTRICT COURT EEVIEW.—Except as is otherwise provided in 
this Act, Agency refusals to cancel or suspend registrations or change 
classifications not following a hearing and other final Agency actions 
not committed to Agency discretion by law are judicially reviewable 
in the district courts. 
"(b) REVIEW BY COURT OF APPEALS.—In the case of actual con-
troversy as to the validity of any order issued by the Administrator 
following a public hearing, any person who will be adversely affected 
by such order and who had been a party to the proceedings may obtain 
judicial review by filing in the United States court of appeals for the 
circuit wherein such person resides or has a place of business, within 60 
days after the entry of such order, a petition praying that the order be 
set aside in whole or in part. A copy of the petition shall be forthwith 
transmitted by the clerk of the court to the Administrator or any 
officer designated by him for that purpose, and thereupon the Adminis-
trator shall file in the court the record of the proceedings on which he 
based his order, as provided in section 2112 of title 28, United States 
72 Stat. 941; 
Code. Upou the filing of such petition the court shall have exclusive 
80 Stat. 1323. 
jurisdictiou to affirm or set aside the order complained of in whole or 
in part. The court shall consider all evidence of record. The order of 
the Administrator shall be sustained if it is supported by substantial 
evidence when considered on the record as a whole. The judgment of 
the court affirming or setting aside, in whole or in part, any order under 
this section shall be final, subject to review by the Supreme Court of 
the LTnited States upon certiorari or certification as provided in section 
62 Stat. 928. 
^254 of title 28 of the United States Code. The commencement of 
proceedings under this section shall not, unless specifically ordered 
by the court to the contrary, operate as a stay of an order. The court 
shall advance on the docket and expedite the disposition of all cases 
filed therein pursuant to this section. 
"(c) JURISDICTION OF DISTRICT COURTS.—The district courts of the 
United States are vested with jurisdiction specifically to enforce, and 
to prevent and restrain violations of, this Act. 
"(d) NOTICE OF JUDGMENTS.—The Administrator shall, by publica-
tion in such manner as he may prescribe, give notice of all judgments 
entered in actions instituted under the authority of this Act. 
86 STAT. ] 
PUBLIC LAW 92-516-OCT. 21, 1972 
9!35 
"SEC. 17. IMPORTS AND EXPORTS. 
"(a) 
PESTICIDES AND DEVICES INTENDED FOR EXPORT.—Xotwith-
standiiig any otlier provision of this Act, no pesticide or device sliall 
be deemed in violation of this Act when intended solely for export 
to any foreign country and prepared or packed according to the 
specifications or directions of the foreign purchaser, except that pro-
ducers of such pesticides and devices shall be subject to section 8 of this 
Act. 
(b) CANCELLATION 
NOTICES 
FURNISHED 
TO FOREIGN 
GOVERN-
MENTS.—Whenever a registration, or a cancellation or suspension of 
the registration of a pesticide becomes effective, or ceases to be elt'ective, 
the Administrator shall transmit through the State Department 
notification thereof to the governments of other countries and to 
appropriate inteniational agencies. 
r 
"(c) IMPORTATION or PESTICIDES AND DEVICES.—The Secretary of 
. • ^ 
; 
the Treasury shall notify the Administrator of the arrival of pesti-
cides and devices and shall deliver to the Administrator, upon his 
request, samples of pesticides or devices which are being imported 
into the United States, giving notice to the owner or consignee, who 
may appear before the Administrator and have the right to introduce 
testimony. If it appears from the examination of a sample that it is 
adulterated, or misbranded or otherwise violates the provisions set 
forth in this Actj or is otherwise injurious to health or the environ-
ment, the pesticide or device may be refused admission, and the 
Secretary of the Treasury shall refuse delivery to the consignee and 
shall cause the destruction of any pesticide or device refused delivery 
which shall not be exported by the consignee within 90 days from the 
date of notice of such refusal under such regulations as the Secretary 
of the Treasury may prescribe: Provided^ That the Secretary of the 
Treasury may deliver to the consignee such pesticide or device pend-
ing examination and decision in the matter on execution of bond for the 
amount of the full invoice value of such pesticide or device, together 
with the duty thereon, and on refusal to return such pesticide or 
device for any cause to the custody of the Secretary of the Treasury, 
Avheii demanded, for the purpose of excluding them from the country, 
or for any other purpose, said consignee shall forfeit the full amount 
of said bond: And frovided further^ That all charges for storage, cart-
age, and labor on pesticides or devices which are refused admission or 
delivery shall be paid by the owner or consignee, and in default of 
such payment shall constitute a lien against any future importation 
made by such owner or consignee. 
'. , 
"(d) 
COOPERATION IN INTERNATIONAL 
EFFORTS.—The Adminis-
trator shall, in cooperation with the Department of State and any 
other appropriate Federal agency, participate and cooperate in any 
international efforts to develop improved pesticide research and 
regulations. 
"(e) REGULATIONS.—The Secretai-y of the^Treasury, in consultation 
with the Administrator, shall prescribe regulations for the enforcement 
of subsection (c) of this section. 
"SEC. 18. EXEMPTION OF FEDERAL AGENCIES. 
"The Administrator may, at his discretion, exempt any Federal or 
State agency from any provision of this Act if he determines that 
emergency conditions exist which require such exemption. 
"SEC. 19. DISPOSAL AND TRANSPORTATION. 
" (a) PROCEDURES.—The Administrator shall, after consultation with 
Regulations. 
other interested Federal agencies, establish procedures and regula-
996 
PUBLIC LAW 92-516-OCT. 21, 1972 
[86 STAT. 
80 Stat. 944. 
74 Stat. 808; 
79 Stat. 285. 
72 Stat. 775; 
85 Stat. 481. 
Contract 
authority. 
Publication in 
Federal Register. 
tions for the disposal or storage of packages and containers of pesti-
cides and for disposal or storage of excess amounts of such pesticides, 
and accept at convenient locations for safe disposal a pesticide the 
registration of which is canceled under section 6(c) if requested by the 
owner of the pesticide. 
"(b) ADVICE TO SECRETARY OF TRANSPORTATION.—The Administrator 
shall provide advice and assistance to the Secretary of Transporta-
tion with respect to his functions relating to the transportation of 
hazardous materials under the Department of Transportation Act (49 
U.S.C. 1657), the Transportation of Explosives Act (18 U.S.C. 
831-835), the Federal Aviation Act of 1958 (49 U.S.C. 1421-1430, 
1472 H ) , and the Hazardous Cargo Act (46 U.S.C. 170, 375, 416). 
"SEC. 20. RESEARCH AND MONITORING. 
"(a) 
RESEARCH.—The Administrator shall undertake research, 
including research by grant or contract with other Federal agencies, 
universities, or others as may be necessary to carry out the purposes 
of this Act, and he shall give priority to research to develop biolog-
ically integrated alternatives for pest control. The Administrator shall 
also take care to insure that such research does not duplicate research 
being undertaken by any other Federal agency. 
" ( D ) NATIONAL 
MONITORING 
PLAN.—The Administrator 
shall 
formulate and periodically revise, in cooperation with other Federal, 
State, or local agencies, a national plan for monitoring pesticides. 
"(c) MONITORING.—The 
Administrator 
shall 
undertake 
such 
monitoring activities, including but not limited to monitoring in air, 
soil, water, man, plants, and animals, as may be necessary for the 
implementation of this Act and of the national pesticide monitoring 
plan. Such activities shall be carried out in cooperation with other 
Federal, State, and local agencies. 
"SEC. 21. SOLICITATION OF COMMENTS; NOTICE OF PUBLIC HEARINGS. 
"(a) The Administrator, before publishing regulations under this 
Act, shall solicit the views of the Secretary of Agriculture. 
"(b) In addition to any other authority relating to public hearings 
and solicitation of views, in connection with the suspension or cancel-
lation of a pesticide registration or any other actions authorized under 
this Act, the Administrator may, at his 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 per-
sons as he deems proper. 
"(c) In connection with all public hearings under this Act the 
Administrator shall publish timely notice of such hearings in the 
Federal Register. 
"SEC. 
2
2
. 
DELEGATION 
AND 
COOPERATION. 
"(a) DELEGATION.—All authority vested in the Administrator by 
virtue of the provisions of this Act may with like force and effect be 
executed by such employees of the Environmental Protection Agency 
as the Administrator may designate for the purpose. 
"(b) COOPERATION.—The Administrator shall cooperate with the 
Department of Agriculture, any other Federal agency, and any appro-
priate agency of any State or any political subdivision thereof, in 
carrying out the provisions of this Act, and in securing uniformity 
of regulations. 
"SEC. 23. STATE COOPERATION, AID, AND TRAINING. 
"(a) COOPERATIVE AGREEMENTS.—The Administrator is authorized 
to enter into cooperative agreements with States— 
86 STAT.] 
PUBLIC LAW 9 2 - 5 1 6 - O C T . 21, 1972 
997 
" (1) to delegate to any State the authority to cooperate in the 
enforcement of the Act through the use of its personnel or- facili-
ties, to train personnel of the State to cooperate in the enforce-
ment of this Act, and to assist States in implementing cooperative 
enforcement programs through grants-in-aid; and 
"(2) to assist State agencies in developing and administering 
State programs for training and certification of applicators 
consistent with the standards which he prescribes. 
"(b) 
CONTRACTS FOR TRAINING.—In addition, the Administrator 
is authorized to enter into contracts with Federal or State agencies 
for the purpose of encouraging the ti^aining of certified applicators. 
"(c) The Administrator may, in cooperation with the Secretary of 
Agriculture, utilize the services of the Cooperative State Extension 
Services for informing farmers of accepted uses and other regulations 
made pursuant to this Act. 
"SEC. 24. AUTHORITY OF STATES. 
"(a) A State may regulate the sale or use of any 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 and packaging in addition to or different from those 
required pursuant to this Act; and 
(c) a State may provide registration for pesticides formulated for 
distribution and use within that State to meet special local needs if that 
State is certified by the Administrator as capable of exercising ade-
quate controls to assure that such registration will be in .accord with 
the purposes of this Act and if registration for such use has not previ-
ously been denied, disapproved, or canceled by the Administrator. 
Such registration shall be deemed registration under section 3 for all 
purposes of this Act, but shall authorize distribution and use only 
within such State and shall not be effective for more than 90 days if 
disapproved by the Administrator within that period. 
"SEC. 25. AUTHORITY OF ADMINISTRATOR. 
"(a) REGULATIONS.—The Administrator is authorized to prescribe 
regulations to carry out the provisions of this Act. Such regulations 
shall take into account the difference in concept and usage between 
various classes of pesticides. 
"(b) EXEMPTION OF PESTICIDES.—The Administrator may exempt 
from the requirements of this Act by regulation any pesticide which 
he determines either (1) to be adequately regulated by another Federal 
agency, or (2) to be of a character which is unnecessary to be subject 
to this Act in order to carry out the purposes of this Act. 
"(c) 
OTHER AUTHORITY.—The Administrator, after notice and 
opportunity for hearing, is authorized— 
"(1) to declare a pest any form of plant or animal life (other 
than man and other than bacteria, virus, and other micro-orga-
nisms on or in living man or other living animals) which is 
injurious to health or the environment: 
"(2) to determine any pesticide which contains any substance 
or substances in quantities highly toxic to man; 
, * 
v 
" (3) to establish standards (which shall be consistent with those 
established under the authority of the Poison Prevention Pack-
aging Act (Public Law 91-601)) with respect to the package, 
84 stat. i67o. 
container, or wrapping in which a pesticide or device is enclosed note. 
for use or consumption, in order to protect children and adults 
from serious injury or illness resulting from accidental ingestion 
998 
PUBLIC LAW 92-516-OCT. 21, 1972 
[86 STAT. 
or contact with pesticides or devices regulated by this Act as 
well as to accomplish the other purposes of this Act; 
" (4) to specify those classes of devices which shall be subject to 
any provision of paragraph 2(q) (1) or section 7 of this Act upon 
his determination that application of such provision is necessary 
to effectuate the purposes of this Act; 
• 
"(5) to prescribe regulations requiring any pesticide to be col-
ored or discolored if he determines that such requirement is 
feasible and is necessary for the protection of health and the 
environment; and 
"(6) to determine and establish suitable names to be used in 
the ingredient statement. 
"SEC. 26. SEVERABILITY. 
"If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the invalidity shall not affect 
other provisions or applications of this Act which can be given effect 
without regard to the invalid provision or application, and to this 
end the provisions of this Act are severable. 
"SEC. 27. AUTHORIZATION FOR APPROPRIATIONS. 
"There is authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act for each of the fiscal 
years ending June 30, 1973, June 30, 1974, and June 30, 1975. The 
amounts authorized to be appropriated for any fiscal year ending 
after June 30,1975, shall be the sums hereafter provided by law." 
AMENDMENTS TO OTHER ACTS 
SEC. 3. The following Acts are amended by striking out the terms 
"economic poisons"' and "an economic poison" wherever they appear 
and 
inserting in lieu thereof 
"pesticides" and "a pesticide" 
respectively: 
(1) The Federal Hazardous Substances Act, as amended (15 
74 Stat. 372. 
U.S.C. 1261 et seq.) ; 
(2) The Poison Prevention Packaging Act, as amended (15 
84 Stat. 1670. 
U.S.C. 147l ct seq.); and 
(3) The Federal Food, Drug, and Cosmetic Act, as amended 
52 Stat. 1040. 
(£1 U.S.C. 301 et scq.). 
' 
EFFECTIVE DATES OF PROVISIONS OF ACT 
SEC. 4. (a) Except as otherwise provided in the Federal Insecticide, 
Fungicide, and Rodenticide Act, as amended by this Act, and as other-
wise provided by this section, the amendments made by this Act shall 
take effect at the close of the date of the enactment of this Act, 
l^rovided if regulations are necessary for the implementation of any 
provision that becomes effective on the date of enactment, such regula-
tions shall be promulgated and shall become effective within 90 days 
from the date of enactment of this Act. 
(b) The provisions of the Federal Insecticide, Fungicide, and 
Eodenticide Act and the regulations thereunder as such existed prior 
to the enactment of this Act shall remain in effect until superseded by 
the amendments made by this Act and regulations thereunder: 
Provided^ That all provisions made by these amendments and all 
regulations thereunder shall be effective within four years after the 
enactment of this Act. 
(c)(1) Two years after the enactment of this Act the Administrator 
shall have promulgated regulations providing for the registration and 
Savings 
vision. 
61 Stat. 
pro-
163. 
7 u s e 135 
note. 
86 STAT.] 
PUBLIC LAW 92-517-OCT. 21, 1972 
9S>9 
classification of pesticides under the provisions of this Act and there-
after shall register all new applications under such provisions. 
(2) After two years but within four years after the enactment of 
this Act the Administrator shall register and reclassify pesticides 
registered under the provisions of the Federal Insecticide, Fungicide, 
and Eodenticide Act prior to the effective date of the regulations 
promulgated under subsection (c) (1). 
(3) Any requirements that a pesticide be registered for use only 
by a certified applicator shall not be effective until four years from 
the date of enactment of this Act. 
(4) A period of four years from date of enactment shall be provided 
for certification of applicators. 
(A) One year after the enactment of this Act the Administrator 
shall have prescribed the standards for the certification of 
applicators. 
(B) Within three years after the enactment of this Act each 
State desiring to certify applicators shall submit a State plan 
to the Administrator for the purpose provided by section 4(b). 
(C) As promptly as possible but in no event more than one 
year after submission of a State plan, the Administrator shall 
approve the State plan or disapprove it and indicate the reasons 
for disapproval. Consideration of plans resubmitted by States 
shall be expedited. 
(5) One year after the enactment of this Act the Administrator shall 
have promulgated and shall make effective regulations relating to the 
registration of establishments, permits for experimental use, and the 
keeping of books and records under the provisions of this Act. 
(d) No person shall be subject to any criminal or civil penalty 
imposed by the Federal Insecticide, Fungicide, and Rodenticide Act, 
as amended by this Act, for any act (or failure to act) occurring before 
the expiration of 60 days after the Administrator has published effec-
tive regulations in the Federal Register and taken such other action as 
may be necessary to permit compliance with the provisions under which 
the penalty is to be imposed. 
(e) For purposes of determining any criminal or civil penalty or 
liability to any third person in respect of any act or omission occurring 
before the expiration of the periods referred to in this section, the 
Federal Insecticide, Fungicide, and Eodenticide Act shall be treated 
as continuing in effect as if this Act had not been enacted. 
Approved October 21, 1972. 
61 Stat. 163. 
7 u s e 135 
note. 
Public Law 92-517 
AN ACT 
To provide for acquisition by the Washington Metropolitan Area Transit Author-
ity of tlie mass transit bus systems engaged in scheduled regular route opera-
tions in the National Capital area, and for other purposes. 
October 21, 1972 
[S.4062] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
Ar^rrransit^Act^^l 
» ( • ' , . 
;. , 
• 
of 1 9 7 2 . 
S H O R T 
T I T L E 
SECTION 1. This Act may be cited as "National Capital Area Transit 
Act of 1972": 
STATEMENT OE FINDINGS AND PURPOSES 
SEC. 2. The Congress finds that (1) an adequate and economically 
sound transportation system or systems, including bus and rail rapid 
82-081 O - 73 - (