07 USC 87e. General authorities
TITLE 7 -- AGRICULTURE
(a) Authority of Administrator
The Administrator is authorized to conduct such investigations; hold
such hearings; require such reports from any official agency, any State
agency delegated authority under this chapter, licensee, or other
person; and prescribe such rules, regulations, and instructions, as the
Administrator deems necessary to effectuate the purposes or provisions
of this chapter. Such regulations may require, as a condition for
official inspection or official weighing or supervision of weighing,
among other things, (1) that there be installed specified sampling,
handling, weighing, and monitoring equipment in grain elevators,
warehouses, and other grain storage or handling facilities, (2) that
approval of the Administrator be obtained as to the condition of vessels
and other carriers or receptacles for the transporting or storing of
grain, and (3) that persons having a financial interest in the grain
which is to be inspected (or their agents) shall be afforded an
opportunity to observe the weighing, loading, and official inspection
thereof, under conditions prescribed by the Administrator. Whether any
certificate, other form, representation, designation, or other
description is false, incorrect, or misleading within the meaning of
this chapter shall be determined by tests made in accordance with such
procedures as the Administrator may adopt to effectuate the objectives
of this chapter, if the relevant facts are determinable by such tests.
Proceedings under section 85 of this title for refusal to renew, or for
suspension or revocation of, a license shall not, unless requested by
the respondent, be subject to the administrative procedure provisions in
sections 554, 556, and 557 of title 5.
(b) Investigation of reports or complaints of discrepancies and
abuses in official inspection or weighing of grain
The Administrator is authorized to investigate reports or complaints
of discrepancies and abuses in the official inspection and weighing of
grain under this chapter. The Administrator shall prescribe by
regulation procedures for (1) promptly investigating (A) complaints of
foreign grain purchasers regarding the official inspection or official
weighing of grain shipped from the United States, (B) the cancellation
of contracts for the export sale of grain required to be inspected or
weighed under this chapter, and (C) any complaint regarding the
operation or administration of this chapter or any official transaction
with which this chapter is concerned; and (2) taking appropriate action
on the basis of the findings of any investigation of such complaints.
The Administrator shall report to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate at the end of every three-month period with
respect to investigative action taken on complaints, during the
immediately preceding three-month period.
(c) Monitoring of United States grain upon its entry into foreign
nations
The Administrator is authorized to cause official inspection
personnel to monitor in foreign nations which are substantial importers
of grain from the United States, grain imported from the United States
upon its entry into the foreign nation, to determine whether such grain
is of a comparable kind, class, quality, and condition after considering
the handling methods and conveyance utilized at the time of loading, and
the same quantity that it was certified to be upon official inspection
and official weighing in the United States.
(d) Authority of Office of Investigation of Department of Agriculture
The Office of Investigation of the Department of Agriculture (or such
other organization or agency within the Department of Agriculture which
may be delegated the authority, in lieu thereof, to conduct
investigations on behalf of the Department of Agriculture) shall conduct
such investigations regarding the operation or administration of this
chapter or any official transaction with which this chapter is
concerned, as the Director thereof deems necessary to assure the
integrity of official inspection and weighing under this chapter.
(e) Research program to develop methods of improving accuracy and
uniformity in grading grain
The Administrator is authorized to conduct, in cooperation with other
agencies within the Department of Agriculture, a continuing research
program for the purpose of developing methods to improve accuracy and
uniformity in grading grain.
(f) Adequate personnel to meet inspection and weighing requirements
To assure the normal movement of grain at all inspection points in a
timely manner consistent with the policy expressed in section 74 of this
title, the Administrator shall, notwithstanding any other provision of
law, provide adequate personnel to meet the inspection and weighing
requirements of this chapter.
(Aug. 11, 1916, ch. 313, pt. B, 16, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 768, and amended Oct. 21, 1976, Pub. L. 94-582, 18,
90 Stat. 2884; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1604( k),
1606(i), 91 Stat. 1029, 1030; Dec. 13, 1991, Pub. L. 102-237, title X,
1007(2), 105 Stat. 1897.)
1991 -- Subsec. (a). Pub. L. 102-237 substituted ''Administrator''
for ''Administrtor'' at end of second sentence.
1977 -- Subsec. (a). Pub. L. 95-113, 1604(k)(1), rearranged existing
provisions and inserted references to the installation of handling and
weighing equipment and to warehouses and other grain storage or handling
facilities.
Subsec. (b). Pub. L. 95-113, 1606(i), substituted ''Committee on
Agriculture, Nutrition, and Forestry'' for ''Committee on Agriculture
and Forestry''.
Subsec. (f). Pub. L. 95-113, 1604(k)(2), struck out ''additional''
before ''inspection and weighing requirements''.
1976 -- Subsec. (a). Pub. L. 94-582 substituted authorizations of
''Administrator'' for authorizations of ''Secretary'', ''official
agency'' for ''official inspection agency'', and ''other person'' for
''any person'' respecting reporting requirement, required reports from
State agencies delegated authority under this chapter and from
licensees, inserted items (1) to (3) relating to conditions for official
inspection, authorized issuance of instructions, and struck out
reference to section 86 of this title, including proceedings for refusal
of official inspection service not required by section 77 of this title,
as not being subject to administrative procedure provisions.
Subsecs. (b) to (f). Pub. L. 94-582 added subsecs. (b) to (f).
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
Powers, duties, and authorizations of the Administrator of the
Federal Grain Inspection Service to be exercised by the Secretary of
Agriculture pending the appointment of the Administrator, see section 25
of Pub. L. 94-582, set out as a note under section 75a of this title.
07 USC 87e-1. Purchase or lease of inspection equipment
TITLE 7 -- AGRICULTURE
Notwithstanding the provisions of section 5 of title 41 and section
490 of title 40, the Administrator of the Federal Grain Inspection
Service is authorized to negotiate for and purchase or lease, from any
person licensed or designated (on October 21, 1976) to perform official
inspection functions under this chapter, at fair market value, any
facilities or equipment which the Administrator determines to be
necessary for the conduct of official inspection.
(Pub. L. 94-582, 23, Oct. 21, 1976, 90 Stat. 2888.)
Section was not enacted as part of the United States Grain Standards
Act which comprises this chapter.
For effective date of section, see Effective Date of 1976 Amendment
note set out under section 74 of this title.
07 USC 87f. Enforcement provisions
TITLE 7 -- AGRICULTURE
(a) Subpena power
For the purposes of this chapter, the Administrator shall at all
reasonable times have access to, for the purpose of examination, and the
right to copy any documentary evidence of any person with respect to
whom such authority is exercised; and the Administrator shall have
power to require by subpena the attendance and testimony of witnesses
and the production of all such documentary evidence relating to any
matter under investigation by the Administrator, and may administer
oaths and affirmations, examine witnesses, and receive evidence.
(b) Disobedience of subpena
Such attendance of witnesses, and the production of such documentary
evidence, may be required from any place in the United States, at any
designated place of hearing. In case of disobedience to a subpena the
Administrator may invoke the aid of any court designated in subsection
(h) of this section in requiring the attendance and testimony of
witnesses and the production of documentary evidence.
(c) Court order requiring attendance and testimony of witnesses
Any such court within the jurisdiction of which such inquiry is
carried on may, in case of contumacy or refusal to obey a subpena issued
to any person, issue an order requiring such person to appear before the
Administrator or to produce documentary evidence if so ordered, or to
give evidence touching the matter in question; and any failure to obey
such order of the court may be punished by such court as a contempt
thereof.
(d) Fees and mileage costs of witnesses
Witnesses summoned before the Administrator shall be paid the same
fees and mileage that are paid witnesses in the courts of the United
States, and witnesses from whom depositions are taken and the persons
taking the same shall severally be entitled to the same fees as are paid
for like services in the courts of the United States.
(e) Violation of subpena as misdemeanor
Any person who shall neglect or refuse to attend and testify, or to
answer any lawful inquiry, or to produce documentary evidence, if in his
power to do so, in obedience to the subpena or lawful requirement of the
Administrator, shall be guilty of a misdemeanor, and upon conviction
thereof be subject to the penalties set forth in subsection (a) of
section 87c of this title.
(f) Repealed. Pub. L. 91-452, title II, 203, Oct. 15, 1970, 84
Stat. 928
(g) Repealed. Pub. L. 94-582, 19(d), Oct. 21, 1976, 90 Stat. 2886
(h) District Court jurisdiction
The United States district courts, the District Court of Guam, the
District Court of the Virgin Islands, the highest court of American
Samoa, and the United States courts of the other territories and
possessions of the United States shall have jurisdiction in cases
arising under this chapter.
(Aug. 11, 1916, ch. 313, pt. B, 17, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 768, and amended Oct. 15, 1970, Pub. L. 91-452,
title II, 203, 84 Stat. 928; Oct. 21, 1976, Pub. L. 94-582, 19, 90
Stat. 2885.)
1976 -- Subsec. (a). Pub. L. 94-582, 19(a), (b), substituted
''Administrator'' for ''Secretary'' in two places and inserted ''by the
Administrator'' after ''under investigation'', respectively.
Subsecs. (b) to (d). Pub. L. 94-582, 19(a), substituted
''Administrator'' for ''Secretary'' in subsecs. (b) to (d).
Subsec. (e). Pub. L. 94-582, 19(a), (c), substituted
''Administrator'' for ''Secretary'' and inserted ''subsection (a) of''
before ''section 87c of this title''.
Subsec. (g). Pub. L. 94-582, 19(d), struck out subsec. (g) which
made unlawful disclosure of information by an officer or employee of the
Department of Agriculture a misdemeanor, subject to the penalties set
forth in section 87c of this title.
1970 -- Subsec. (f). Pub. L. 91-452 struck out subsec. (f) which
related to the immunity from prosecution of any individual compelled to
testify or produce evidence, documentary or otherwise, after having
claimed his privilege against self-incrimination.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 91-452, and amendment not
to affect any immunity to which any individual is entitled under this
section by reason of any testimony given before sixtieth day following
Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an
Effective Date; Savings Provision note under section 6001 of Title 18,
Crimes and Criminal Procedure.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes
and Criminal Procedure.
07 USC 87f-1. Registration requirements
TITLE 7 -- AGRICULTURE
(a) General requirement
The Administrator shall provide, by regulation, for the registration
of all persons engaged in the business of buying grain for sale in
foreign commerce, and in the business of handling, weighing, or
transporting of grain for sale in foreign commerce. This section shall
not apply to --
(1) any person who only incidentally or occasionally buys for sale,
or handles, weighs, or transports grain for sale and is not engaged in
the regular business of buying grain for sale, or handling, weighing, or
transporting grain for sale;
(2) any producer of grain who only incidentally or occasionally sells
or transports grain which he has purchased;
(3) any person who transports grain for hire and does not own a
financial interest in such grain; or
(4) any person who buys grain for feeding or processing and not for
the purpose of reselling and only incidentally or occasionally sells
such grain as grain.
(b) Required information
(1) All persons required to register under this chapter shall submit
the following information to the Administrator:
(A) the name and principal address of the business,
(B) the names of all directors of such business,
(C) the names of the principal officers of such business,
(D) the names of all persons in a control relationship with respect
to such business,
(E) a list of locations where the business conducts substantial
operations, and
(F) such other information as the Administrator deems necessary to
carry out the purposes of this chapter.
Persons required to register under this section shall also submit to
the Administrator the information specified in clauses (A) through (F)
of this paragraph with respect to any business engaged in the business
of buying grain for sale in interstate commerce, and in the business of
handling, weighing, or transporting of grain for sale in interstate
commerce, if, with respect to such business, the person otherwise
required to register under this section is in a control relationship.
(2) For the purposes of this section, a person shall be deemed to be
in a ''control relationship'' with respect to a business required to
register under subsection (a) of this section and with respect to
applicable interstate businesses if --
(A) such person has an ownership interest of 10 per centum or more in
such business, or
(B) a business or group of business entities, with respect to which
such person is in a control relationship, has an ownership interest of
10 per centum or more in such business.
(3) For purposes of clauses (A) and (B) of paragraph (2) of this
subsection, a person shall be considered to own the ownership interest
which is owned by his or her spouse, minor children, and relatives
living in the same household.
(c) Certificate of registration
The Administrator shall issue a certificate of registration to
persons who comply with the provisions of this section. The certificate
of registration issued in accordance with this section shall be renewed
annually. If there has been any change in the information required
under subsection (b) of this section, the person holding such
certificate shall, within thirty days of the discovery of such change,
notify the Administrator of such change. No person shall engage in the
business of buying grain for sale in foreign commerce, and in the
business of handling, weighing, or transporting of grain in foreign
commerce unless he has registered with the Administrator as required by
this chapter and has an unsuspended and unrevoked certificate of
registration.
(d) Suspension or registration of certificate of registration
The Administrator may suspend or revoke any certificate of
registration issued under this section whenever, after the person
holding such certificate has been afforded an opportunity for a hearing
in accordance with sections 554, 556, and 557 of title 5, the
Administrator shall determine that such person has violated any
provision of this chapter or of the regulations promulgated thereunder,
or has been convicted of any violation involving the handling, weighing,
or inspection of grain under title 18.
(e) Fees
The Administrator shall charge and collect fees from any person
registered under this section. The amount of such fees shall be
determined on the basis of the costs of the Administrator in
administering the registration required by this section. Such fees
shall be deposited in, and used as part of, the fund described in
section 79(j) of this title.
(Aug. 11, 1916, ch. 313, pt. B, 17A, as added Oct. 21, 1976, Pub. L.
94-582, 22, 90 Stat. 2886, and amended Sept. 29, 1977, Pub. L. 95-113,
title XVI, 1604(l), 91 Stat. 1029.)
1977 -- Subsec. (b)(1). Pub. L. 95-113 substituted ''All persons
required to register'' for ''All persons registered'' in provisions
preceding subpar. (A).
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of section, see Effective Date of 1976 Amendment
note set out under section 74 of this title.
07 USC 87f-2. Reporting requirements
TITLE 7 -- AGRICULTURE
(a) General requirements; annual report to Congressional committees
On December 1 of each year, the Administrator shall submit a report
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
regarding the effectiveness of the official inspection and weighing
system under this chapter for the prior fiscal year, with
recommendations for any legislative changes necessary to accomplish the
objectives stated in section 74 of this title.
(b) Notification of Congressional committees of complaints regarding
faulty grain deliveries and cancellation of export contracts
The Administrator shall notify the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate (1) of any complaint regarding faulty grain
delivery made to the Department of Agriculture by a foreign purchaser of
United States grain, within thirty days after a determination by the
Administrator that there is reasonable cause to believe that the grain
delivery was in fact faulty, and (2) notwithstanding the provisions of
section 612c-3 /1/ of this title, within thirty days after receipt by
the Administrator or the Secretary of notice of the cancellation of any
contract for the export of more than one hundred thousand metric tons of
grain.
(c) Submission to Congressional committees of annual summary of
complaints from foreign purchasers and prospective purchasers of grain
On December 1 of each year, the Administrator shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
summary of all other complaints received by the Department of
Agriculture during the prior fiscal year from foreign purchasers and
prospective purchasers of United States grain and other foreign
purchasers interested in the trade of grain, and the resolution thereof:
Provided, That the summary shall not include a complaint unless
reasonable cause exists to believe that the complaint is valid, as
determined by the Administrator.
(Aug. 11, 1916, ch. 313, pt. B, 17B, as added Oct. 21, 1976, Pub. L.
94-582, 22, 90 Stat. 2888, and amended Sept. 29, 1977, Pub. L. 95-113,
title XVI, 1604(m), 1606(i), (j), 91 Stat. 1029, 1030; Dec. 13, 1991,
Pub. L. 102-237, title X, 1007(3), 105 Stat. 1897.)
Section 612c-3 of this title, referred to in subsec. (b), was
repealed by Pub. L. 101-624, title XV, 1578, Nov. 28, 1990, 104 Stat.
3702.
1991 -- Subsec. (a). Pub. L. 102-237 substituted ''On December 1 of
each year, the'' for ''The'' and ''Committee on Agriculture'' for
''committee on Agriculture'' before ''of the House'' and struck out
''one year after the effective date of the United States Grain Standards
Act of 1976 setting forth the actions taken by him in implementing the
provisions of that Act; and, on December 1 of each year thereafter, the
Administrator shall report to such committees'' before ''regarding''.
1977 -- Subsec. (a). Pub. L. 95-113, 1606(i), (j), substituted
''Committee on Agriculture, Nutrition, and Forestry'' for ''Committee on
Agriculture and Forestry'' and ''inspection and weighing'' for
''inspection''.
Subsec. (b). Pub. L. 95-113, 1604(m), 1606(i), substituted
''Committee on Agriculture, Nutrition, and Forestry'' for ''Committee on
Agriculture and Forestry'' in provisions preceding cl. (1) and, in cl.
(2) substituted ''notwithstanding the provisions of section 612c-3 of
this title, within thirty days after receipt by the Administrator or the
Secretary of notice of the cancellation'' for ''within thirty days after
receipt by the Administrator or the Secretary of the cancellation''.
Subsec. (c). Pub. L. 95-113, 1606(i), substituted ''Committee on
Agriculture, Nutrition, and Forestry'' for ''Committee on Agriculture
and Forestry''.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of section, see Effective Date of 1976 Amendment
note set out under section 74 of this title.
/1/ See References in Text note below.
07 USC 87g. Relation to State and local laws; separability
TITLE 7 -- AGRICULTURE
(a) No State or subdivision thereof may require the inspection or
description in accordance with any standards of kind, class, quality,
condition, or other characteristics of grain as a condition of shipment,
or sale, of such grain in interstate or foreign commerce, or require any
license for, or impose any other restrictions upon the performance of
any official inspection or weighing function under this chapter by
official inspection personnel. Otherwise nothing in this chapter shall
invalidate any law or other provision of any State or subdivision
thereof in the absence of a conflict with this chapter.
(b) If any provision of this chapter or the application thereof to
any person or circumstances is held invalid, the validity of the
remainder of the chapter and of the application of such provision to
other persons and circumstances shall not be affected thereby.
(Aug. 11, 1916, ch. 313, pt. B, 18, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 769, and amended Oct. 21, 1976, Pub. L. 94-582, 20,
90 Stat. 2886.)
1976 -- Subsec. (a). Pub. L. 94-582 substituted in first sentence
''official inspection or weighing function'' for ''official inspection
function''.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
07 USC 87h. Appropriations
TITLE 7 -- AGRICULTURE
There are hereby authorized to be appropriated such sums as are
necessary for standardization and compliance activities, monitoring in
foreign ports grain officially inspected and weighed under this chapter,
and any other expenses necessary to carry out the provisions of this
chapter for each of the fiscal years during the period beginning October
1, 1988, and ending September 30, 1993, to the extent that financing is
not obtained from fees and sales of samples as provided for in sections
79, 79a, and 87f-1 of this title.
(Aug. 11, 1916, ch. 313, pt. B, 19, as added Aug. 15, 1968, Pub. L.
90-487, 1, 82 Stat. 769, and amended Oct. 21, 1976, Pub. L. 94-582, 21,
90 Stat. 2886; Sept. 29, 1977, Pub. L. 95-113, title XVI, 1602( c),
1604(n), 91 Stat. 1025, 1029; Aug. 13, 1981, Pub. L. 97-35, title I,
155(4), 95 Stat. 372; Oct. 11, 1984, Pub. L. 98-469, 2(3), 98 Stat.
1832; Oct. 24, 1988, Pub. L. 100-518, 2(4), 102 Stat. 2586.)
For termination of amendment by section 2 of Pub. L. 100-518, see
Effective and Termination Dates of 1988 Amendment note below.
1988 -- Pub. L. 100-518 temporarily amended section generally,
substituting ''1988'' for ''1981'' and ''1993'' for ''1984''. See
Effective and Termination Dates of 1988 Amendment note below.
1984 -- Pub. L. 98-469 temporarily substituted ''September 30,
1988'' for ''September 30, 1984''. See Effective and Termination Dates
of 1984 Amendment note below.
1981 -- Pub. L. 97-35 temporarily amended section, substantially
revising enumerated activities for which appropriations are authorized
and limiting such authorization for each of the fiscal years during the
period beginning Oct. 1, 1981, and ending Sept. 30, 1984. See
Effective and Termination Dates of 1981 Amendment note below.
1977 -- Pub. L. 95-113 substituted ''Federal administrative and
supervisory costs related to the official inspection or the provision of
weighing services for grain'' for ''those Federal administrative and
supervisory costs incurred within the Service's Washington office or not
directly related to the official inspection or the provision of weighing
services for grain'' and renumbered this section as section 19 of the
United States Grain Standards Act, thereby correcting an error in the
1976 amendment of this section by Pub. L. 94-582 under which this
section had inadvertently been renumbered from section 19 of the United
States Grain Standards Act to section 21 thereof.
1976 -- Pub. L. 94-582 enumerated specific items for which
appropriations are authorized and provided for financing obtained from
fees and sales of samples as provided in sections 79a and 87f-1 of this
title.
Section 2 of Pub. L. 100-518 provided that amendment made by Pub.
L. 100-518 is effective for the period Oct. 1, 1988, through Sept. 30,
1993, inclusive.
Section 2 of Pub. L. 98-469 provided that the amendment made by Pub.
L. 98-469 is effective for period beginning Oct. 11, 1984, and ending
Sept. 30, 1988.
Section 155 of Pub. L. 97-35, as amended by Pub. L. 98-469, 1, Oct.
11, 1984, 98 Stat. 1831, provided that the amendment made by Pub. L.
97-35 is effective for period beginning Oct. 1, 1981, and ending Sept.
30, 1988.
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of this
title.
For effective date of amendment by Pub. L. 94-582, see section 27 of
Pub. L. 94-582, set out as a note under section 74 of this title.
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
07 USC 87i. Omitted
TITLE 7 -- AGRICULTURE
Section, act Aug. 11, 1916, ch. 313, pt. B, 20, as added Aug. 13,
1981, Pub. L. 97-35, title I, 155(5), 95 Stat. 372, which established
an advisory committee, was effective for the period Oct. 1, 1981,
through Sept. 30, 1988, pursuant to section 155 of Pub. L. 97-35, as
amended. See section 87j of this title.
07 USC 87j. Advisory committee
TITLE 7 -- AGRICULTURE
(a) Establishment; number and terms of members; transition
(1) Not later than ninety days after October 24, 1988, the Secretary
shall establish an advisory committee to provide advice to the
Administrator with respect to implementation of this chapter consistent
with the declarations of policy in section 74 of this title. The
advisory committee shall consist of fifteen members, appointed by the
Secretary, who represent the interests of all segments of the grain
producing, processing, storing, merchandising, consuming, and exporting
industries, including grain inspection and weighing agencies and
scientists with expertise in research related to the policies
established in section 74 of this title. Members of the advisory
committee shall be appointed to three-year terms, except that of the
initial fifteen members of the advisory committee first appointed
following the enactment of this section, five shall be appointed for
terms of one year and five shall be appointed for terms of two years.
No member of the advisory committee may serve successive terms.
(2) To ensure a smooth transition, the advisory committee established
under section 87i of this title (as in effect prior to October 1, 1988)
shall continue in existence until all members of the advisory committee
established under this section are appointed; and the Secretary may
appoint members of the advisory committee established under section 87i
of this title to serve on the advisory committee established under this
section, without regard to the time of service of such members on the
advisory committee established under section 87i of this title.
(b) Federal Advisory Committee Act as governing
The advisory committee shall be governed by the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.).
(c) Clerical assistance and staff personnel
The Administrator shall provide the advisory committee with necessary
clerical assistance and staff personnel.
(d) Compensation and travel expenses
Members of the advisory committee shall serve without compensation,
if not otherwise officers or employees of the United States, except that
members shall, while away from their homes or regular places of business
in the performance of services under this chapter, be allowed travel
expenses, including per diem in lieu of subsistence, as authorized under
section 5703 of title 5.
(Aug. 11, 1916, ch. 313, pt. B, 21, as added Oct. 24, 1988, Pub. L.
100-518, 2(5), 102 Stat. 2586.)
For termination of section by section 2 of Pub. L. 100-518, see
Effective and Termination Dates note below.
The enactment of this section, referred to in subsec. (a)(1), means
Oct. 24, 1988, the date of enactment of Pub. L. 100-518.
Section 87i of this title, referred to in subsec. (a)(2), was
omitted from the Code.
The Federal Advisory Committee Act, referred to in subsec. (b), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Section 2 of Pub. L. 100-518 provided that section is effective for
period Oct. 1, 1988, through Sept. 30, 1993, inclusive.
07 USC 87k. Standardizing commercial inspections
TITLE 7 -- AGRICULTURE
(a) Testing equipment
To promote greater uniformity in commercial grain inspection results,
the Administrator may work in conjunction with the National Institute
for Standards and Technology and the National Conference on Weights and
Measures to --
(1) identify inspection instruments requiring standardization under
subsection (b) of this section;
(2) establish performance criteria for commercial grain inspection
instruments;
(3) develop a national program to approve grain inspection
instruments for commercial inspection; and
(4) develop standard reference materials or other means necessary for
calibration or testing of approved instruments.
(b) General inspection procedures
To ensure that producers are treated uniformly in delivering grain,
the Administrator shall develop practical and cost-effective procedures
for conducting commercial inspections of grain with respect to the
application of quality factors, that result in premiums and discounts.
The procedures shall be made available to country elevators and others
making first-point-of-delivery inspections.
(c) Inspection services and information
To encourage the use of equipment and procedures developed in
accordance with subsection /1/ (a) and (b) of this section, the
Administrator shall provide for official inspection services by the
Service, States, and official inspection agencies and provide
information on the proper use of sampling and inspection equipment,
application of the grain standards, and availability of official
inspection services, including appeals under this chapter.
(d) Standardized aflatoxin equipment and procedures
The Administrator shall --
(1) establish uniform standards for testing equipment; and
(2) establish uniform testing procedures and sampling techniques;
that may be used by processors, refiners, operators of grain
elevators and terminals, and others to accurately detect the level of
aflatoxin contamination of corn in the United States.
(Aug. 11, 1916, ch. 313, pt. B, 22, as added Nov. 28, 1990, Pub. L.
101-624, title XX, 2009, 104 Stat. 3931.)
This chapter, referred to in subsec. (c), was in the original ''this
Act'' and was translated as reading ''this part'', meaning part B of act
Aug. 11, 1916, known as the United States Grain Standards Act, to
reflect the probable intent of Congress.
/1/ So in original. Probably should be ''subsections''.
07 USC CHAPTER 4 -- NAVAL STORES
TITLE 7 -- AGRICULTURE
Sec.
91. Short title.
92. Definitions.
93. Establishment of official naval stores standards.
94. Supplying duplicates of standards; examination, etc., of naval
stores and certification thereof.
95. Prohibition of acts deemed injurious to commerce in naval
stores.
96. Punishment for violation of prohibition.
97. Purchase and analysis by Secretary of samples of spirits of
turpentine to detect violations; reports to Department of Justice;
publication of results of analysis, etc.
98. Fees and charges for naval stores inspection and related
services; establishment; collection, etc.; authorization of
appropriations; administrative expenses.
99. Separability.
All functions of the Federal Security Administrator were transferred
to the Secretary of Health, Education, and Welfare and all agencies of
the Federal Security Agency were transferred to the Department of
Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1,
eff. Mar. 12, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the
Appendix to Title 5, Government Organization and Employees. The Federal
Security Agency and the office of Administrator were abolished by
section 8 of 1953 Reorg. Plan No. 1.
The Secretary and Department of Health, Education, and Welfare was
redesignated the Secretary and Department of Health and Human Services
by section 3508 of Title 20, Education.
The Food and Drug Administration in the Department of Agriculture and
its functions, except those functions relating to the administration of
the Naval Stores Act, this chapter, were transferred to the Federal
Security Agency by 1940 Reorg. Plan No. IV, 12, set out in the
Appendix to Title 5, Government Organization and Employees.
07 USC 91. Short title
TITLE 7 -- AGRICULTURE
For convenience of reference, this chapter may be designated and
cited as ''The Naval Stores Act.''
(Mar. 3, 1923, ch. 217, 1, 42 Stat. 1435.)
Section 10 of act Mar. 3, 1923, provided: ''That this Act (enacting
this chapter) shall become effective at the expiration of ninety days
next after the date of its approval (Mar. 23, 1923).''
Orders regulating handling of naval stores, see section 608c of this
title.
07 USC 92. Definitions
TITLE 7 -- AGRICULTURE
When used in this chapter --
(a) ''Naval stores'' means spirits of turpentine and rosin.
(b) ''Spirits of turpentine'' includes gum spirits of turpentine and
wood turpentine.
(c) ''Gum spirits of turpentine'' means spirits of turpentine made
from gum (oleoresin) from a living tree.
(d) ''Wood turpentine'' includes steam distilled wood turpentine and
destructively distilled wood turpentine.
(e) ''Steam distilled wood turpentine'' means wood turpentine
distilled with steam from the oleoresin within or extracted from the
wood.
(f) ''Destructively distilled wood turpentine'' means wood turpentine
obtained in the destructive distillation of the wood.
(g) ''Rosin'' includes gum rosin and wood rosin.
(h) ''Gum rosin'' means rosin remaining after the distillation of gum
spirits of turpentine.
(i) ''Wood rosin'' means rosin remaining after the distillation of
steam distilled wood turpentine.
(j) ''Package'' means any container of naval stores, and includes
barrel, tank, tank car, or other receptacle.
(k) ''Person'' includes partnerships, associations, and corporations,
as well as individuals.
(l) The term ''commerce'' means commerce between any State,
Territory, or possession, or the District of Columbia, and any place
outside thereof; or between points within the same State, Territory, or
possession, or the District of Columbia, but through any place outside
thereof; or within any Territory or possession or the District of
Columbia.
(Mar. 3, 1923, ch. 217, 2, 42 Stat. 1435.)
Standards for naval stores until otherwise prescribed as provided in
this chapter, kinds of spirits of turpentine defined in subdivisions
(c), (e), and (f) of this section as, see section 93 of this title.
07 USC 93. Establishment of official naval stores standards
TITLE 7 -- AGRICULTURE
For the purposes of this chapter the kinds of spirits of turpentine
defined in subdivisions (c), (e), and (f) of section 92 of this title
and the rosin types heretofore prepared and recommended under existing
laws, by or under authority of the Secretary of Agriculture, are made
the standards for naval stores until otherwise prescribed as hereinafter
provided. The Secretary of Agriculture is authorized to establish and
promulgate standards for naval stores for which no standards are herein
provided, after at least three months' notice of the proposed standard
shall have been given to the trade, so far as practicable, and due
hearings or reasonable opportunities to be heard shall have been
afforded those favoring or opposing the same. No such standard shall
become effective until after three months from the date of the
promulgation thereof. Any standard made by this chapter or established
and promulgated by the Secretary of Agriculture in accordance therewith
may be modified by said Secretary whenever, for reasons and causes
deemed by him sufficient, the interests of the trade shall so require,
after at least six months' notice of the proposed modifications shall
have been given to the trade, so far as practicable, and due hearings or
reasonable opportunities to be heard shall have been afforded those
favoring or opposing the same; and no such modification so made shall
become effective until after six months from the date when made.
The various grades of rosin, from highest to lowest, shall be
designated, unless and until changed, as hereinbefore provided, by the
following letters, respectively: X, WW, WG, N, M, K, I, H, G, F, E, D,
and B, together with the designation ''gum rosin'' or ''wood rosin'', as
the case may be.
The standards herein made and authorized to be made shall be known as
the ''Official Naval Stores Standards of the United States,'' and may be
referred to by the abbreviated expression ''United States Standards'',
and shall be the standards by which all naval stores in commerce shall
be graded and described.
(Mar. 3, 1923, ch. 217, 3, 42 Stat. 1435.)
07 USC 94. Supplying duplicates of standards; examination, etc., of
naval stores and certification thereof
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall provide, if practicable, any
interested persons with duplicates of the official naval stores
standards of the United States upon request accompanied by tender of
satisfactory security for the return thereof, under such regulations as
he may prescribe. The Secretary of Agriculture shall examine, if
practicable, upon request of any interested person, any naval stores and
shall analyze, classify, or grade the same under such regulations as he
may prescribe. He shall furnish a certificate showing the analysis,
classification, or grade of such naval stores, which certificate shall
be prima facie evidence of the analysis, classification, or grade of
such naval stores and of the contents of any package from which the same
may have been taken, as well as of the correctness of such analysis,
classification, or grade and shall be admissible as such in any court.
(Mar. 3, 1923, ch. 217, 4, 42 Stat. 1436; Aug. 13, 1981, Pub. L.
97-35, title I, 159(a)(1), 95 Stat. 376.)
1981 -- Pub. L. 97-35 struck out ''on tender of the cost thereof as
required by him,'' after ''grade the same''.
Section 159(b) of Pub. L. 97-35 provided that: ''The provisions of
this section (amending this section and section 98 of this title) shall
become effective October 1, 1981''.
07 USC 95. Prohibition of acts deemed injurious to commerce in naval
stores
TITLE 7 -- AGRICULTURE
The following acts are hereby declared injurious to commerce in naval
stores and are hereby prohibited and made unlawful:
(a) The sale in commerce of any naval stores, or of anything offered
as such, except under or by reference to United States standards.
(b) The sale of any naval stores under or by reference to United
States standards which is other than what it is represented to be.
(c) The use in commerce of the word ''turpentine'' or the word
''rosin,'' singly or with any other word or words, or of any compound,
derivative, or imitation of either such word, or of any misleading word,
or of any word, combination of words, letter, or combination of letters,
provided herein or by the Secretary of Agriculture to be used to
designate naval stores of any kind or grade, in selling, offering for
sale, advertising, or shipping anything other than naval stores of the
United States standards.
(d) The use in commerce of any false, misleading, or deceitful means
or practice in the sale of naval stores or of anything offered as such.
(Mar. 3, 1923, ch. 217, 5, 42 Stat. 1436.)
Punishment for violating the provisions of this section, see section
96 of this title.
07 USC 96. Punishment for violation of prohibition
TITLE 7 -- AGRICULTURE
Any person willfully violating any provision of section 95 of this
title shall, on conviction, be punished for each offense by a fine not
exceeding $5,000 or by imprisonment for not exceeding one year, or both.
(Mar. 3, 1923, ch. 217, 6, 42 Stat. 1436.)
07 USC 97. Purchase and analysis by Secretary of samples of spirits of
turpentine to detect violations; reports to Department of Justice;
publication of results of analysis, etc.
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is hereby authorized to purchase from
time to time in open market samples of spirits of turpentine and of
anything offered for sale as such for the purpose of analysis,
classification, or grading and of detecting any violation of this
chapter. He shall report to the Department of Justice for appropriate
action any violation of this chapter coming to his knowledge. He is
also authorized to publish from time to time results of any analysis,
classification, or grading of spirits of turpentine and of anything
offered for sale as such made by him under any provision of this
chapter.
(Mar. 3, 1923, ch. 217, 7, 42 Stat. 1436.)
07 USC 98. Fees and charges for naval stores inspection and related
services; establishment, collection, etc.; authorization of
appropriations; administrative expenses
TITLE 7 -- AGRICULTURE
(a) The Secretary of Agriculture shall fix and cause to be collected
fees and charges for the establishment of standards under section 93 of
this title and for examinations, analyses, classifications, and other
services under section 94 of this title which shall cover, as nearly as
practicable, the costs of providing such services and standards as the
Secretary shall deem necessary, including administrative and supervisory
costs. Such fees and charges, when collected, shall be credited to the
current appropriation account that incurs such costs and shall be
available without fiscal year limitation to pay the expenses of the
Secretary incident to providing such services and standards under this
chapter. Fees and charges shall be assessed and collected from
processors and warehousers of naval stores, and inspection and related
services shall be suspended or denied to any such processor or
warehouser upon failure to timely pay the fees and charges assessed.
(b) There are hereby authorized to be appropriated such sums as may
be necessary for the enforcement and administration of this chapter.
(Mar. 3, 1923, ch. 217, 8, 42 Stat. 1436; Aug. 13, 1981, Pub. L.
97-35, title I, 159(a)(2), 95 Stat. 376.)
1981 -- Pub. L. 97-35 added subsec. (a). Former unlettered
provisions were designated subsec. (b) and, as so designated, struck
out authorization of the Secretary to employ personnel and make
administrative expenditures.
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
159(b) of Pub. L. 97-35, set out as a note under section 94 of this
title.
07 USC 99. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the validity of the remainder
of the chapter and of the application of such provisions to other
persons and circumstances shall not be affected thereby.
(Mar. 3, 1923, ch. 217, 9, 42 Stat. 1437.)
07 USC CHAPTER 5 -- IMPORTATION OF ADULTERATED SEEDS
TITLE 7 -- AGRICULTURE
07 USC 111 to 116. Repealed. Aug. 9, 1939, ch. 615, 419, 53 Stat.
1290
TITLE 7 -- AGRICULTURE
Sections, act Aug. 24, 1912, ch. 382, 1-6, 37 Stat. 506, related
to regulation of foreign commerce by prohibiting admission into United
States of adulterated grain and seeds. See section 1551 et seq. of this
title.
Section 111 amended by acts Aug. 11, 1916, ch. 313, 39 Stat. 453;
Apr. 26, 1926, ch. 186, 1, 44 Stat. 325.
Section 113 amended by act Aug. 11, 1916, ch. 313, 39 Stat. 453.
Sections 115 and 116 amended by act Apr. 26, 1926, ch. 186, 2, 44
Stat. 325.
Repeal effective on the one hundred and eightieth day after Aug. 9,
1939, except that notices with respect to imported alfalfa and red
clover seed promulgated by the Secretary of Agriculture under authority
of former sections 111 to 116 of this title, which were in effect Aug.
9, 1939, remained in full force and effect as if promulgated under
sections 1551 to 1610 of this title.
07 USC CHAPTER 6 -- INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
TITLE 7 -- AGRICULTURE
Sec.
121 to 134. Repealed.
135 to 135k. Omitted.
136. Definitions.
(a) Active ingredient.
(b) Administrator.
(c) Adulterated.
(d) Animal.
(e) Certified applicator, etc.
(f) Defoliant.
(g) Desiccant.
(h) Device.
(i) District court.
(j) Environment.
(k) Fungus.
(l) Imminent hazard.
(m) Inert ingredient.
(n) Ingredient statement.
(o) Insect.
(p) Label and 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.
(ff) Outstanding data requirement.
(gg) To distribute or sell.
136a. Registration of pesticides.
(a) Requirement of registration.
(b) Exemptions.
(c) Procedure for registration.
(d) Classification of pesticides.
(e) Products with same formulation and claims.
(f) Miscellaneous.
136a-1. Reregistration of registered pesticides.
(a) General rule.
(b) Reregistration phases.
(c) Phase one.
(d) Phase two.
(e) Phase three.
(f) Phase four.
(g) Phase five.
(h) Compensation of data submitter.
(i) Fees.
(j) Exemption of certain registrants.
(k) Reregistration and expedited processing fund.
(l) Judicial review.
136b. Transferred.
136c. 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.
136d. Administrative review; suspension.
(a) Cancellation after five years.
(b) Cancellation and change in classification.
(c) Suspension.
(d) Public hearings and scientific review.
(e) Conditional registration.
(f) General provisions.
(g) Notice for stored pesticides with canceled or suspended
registrations.
(h) Judicial review.
136e. Registration of establishments.
(a) Requirement.
(b) Registration.
(c) Information required.
(d) Confidential records and information.
136f. Books and records.
(a) Requirements.
(b) Inspection.
136g. Inspection of establishments, etc.
(a) In general.
(b) Warrants.
(c) Enforcement.
136h. 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.
136i. Use of restricted use pesticides; applicators.
(a) Certification procedure.
(b) State plans.
(c) Instruction in integrated pest management techniques.
(d) In general.
(e) Separate standards.
136i-1. Pesticide recordkeeping.
(a) Requirements.
(b) Access.
(c) Health care personnel.
(d) Penalty.
(e) Federal or State provisions.
(f) Surveys and reports.
(g) Regulations.
136j. Unlawful acts.
(a) In general.
(b) Exemptions.
136k. Stop sale, use, removal, and seizure.
(a) Stop sale, etc., orders.
(b) Seizure.
(c) Disposition after condemnation.
(d) Court costs, etc.
136l. Penalties.
(a) Civil penalties.
(b) Criminal penalties.
136m. Indemnities.
(a) General indemnification.
(b) Indemnification of end users, dealers, and distributors.
(c) Amount of payment.
136n. Administrative procedure; judicial review.
(a) District court review.
(b) Review by court of appeals.
(c) Jurisdiction of district courts.
(d) Notice of judgments.
136o. 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.
136p. Exemption of Federal and State agencies.
136q. Storage, disposal, transportation, and recall.
(a) Storage, disposal, and transportation.
(b) Recalls.
(c) Storage costs.
(d) Administration of storage, disposal, transportation, and recall
programs.
(e) Container design.
(f) Pesticide residue removal.
(g) Pesticide container study.
(h) Relationship to Solid Waste Disposal Act.
136r. Research and monitoring.
(a) Research.
(b) National monitoring plan.
(c) Monitoring.
136s. Solicitation of comments; notice of public hearings.
(a) Secretary of Agriculture.
(b) Views.
(c) Notice.
136t. Delegation and cooperation.
(a) Delegation.
(b) Cooperation.
136u. State cooperation, aid, and training.
(a) Cooperative agreements.
(b) Contracts for training.
(c) Information and education.
136v. Authority of States.
(a) In general.
(b) Uniformity.
(c) Additional uses.
136w. Authority of Administrator.
(a) In general.
(b) Exemption of pesticides.
(c) Other authority.
(d) Scientific advisory panel.
(e) Peer review.
136w-1. State primary enforcement responsibility.
(a) In general.
(b) Special rules.
(c) Administrator.
136w-2. Failure by the State to assure enforcement of State
pesticide use regulations.
(a) Referral.
(b) Notice.
(c) Construction.
136w-3. Identification of pests; cooperation with Department of
Agriculture's program.
(a) In general.
(b) Pest control availability.
(c) Integrated pest management.
136w-4. Annual report.
136x. Severability.
136y. Authorization of appropriations.
07 USC SUBCHAPTER I -- INSECTICIDES
TITLE 7 -- AGRICULTURE
07 USC 121 to 134. Repealed. June 25, 1947, ch. 125, 16, 61 Stat. 172
TITLE 7 -- AGRICULTURE
Sections, act Apr. 26, 1910, ch. 191, 36 Stat. 335, formerly known
as ''The Insecticides Act'', are covered by subchapter II of this
chapter.
Section 16 of act June 25, 1947, repealed this subchapter effective
one year after June 25, 1947, and further provided that this subchapter
should be deemed to remain in full force for the purpose of sustaining
any proper suit, action, or other proceeding with respect to any
violations, liabilities incurred, or appeals taken prior to such date of
repeal or to sales, shipments, or deliveries of insecticides and
fungicides exempted by the Secretary.
07 USC SUBCHAPTER II -- ENVIRONMENTAL PESTICIDE CONTROL
TITLE 7 -- AGRICULTURE
sections 1261, 1277, 1459, 2052, 2602; title 21
sections 321, 346a, 1401; title 42 sections 300g-1,
6905, 7412, 9603, 9604, 9607.
07 USC 135 to 135k. Omitted
TITLE 7 -- AGRICULTURE
Sections 135 to 135k, acts June 25, 1947, ch. 125, 2-13, 61 Stat.
163-172; Aug. 7, 1959, Pub. L. 86-139, 2, 73 Stat. 286; May 12,
1964, Pub. L. 88-305, 1-6, 78 Stat. 190-193; Oct. 15, 1970, Pub. L.
91-452, title II, 204, 84 Stat. 928; Dec. 30, 1970, Pub. L. 91-601,
6(b), formerly 7(b), 84 Stat. 1673, renumbered, Aug. 13, 1981, Pub.
L. 97-35, title XII, 1205(c), 95 Stat. 716, which related to economic
poison control, were superseded by the amendments made to act June 25,
1947, by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 975. See section 4
of Pub. L. 92-516, set out as a note under section 136 of this title.
The provisions of act June 25, 1947, as amended by Pub. L. 92-516, are
set out in section 136 et seq. of this title.
Section 135 provided definitions for the purposes of this subchapter.
Section 135a related to prohibited acts.
Section 135b related to registration of economic poisons.
Section 135c related to access, inspection, and use in criminal
prosecutions of books and records.
Section 135d related to rules and regulations, examination of
economic poisons or devices, notification to violators, certification to
United States attorney, duty of attorney, and publication of judgments.
Section 135e related to exemptions from penalties.
Section 135f provided for penalties.
Section 135g related to seizure, disposal, and award of costs against
claimant.
Section 135h related to refusal of admission of imports.
Section 135i related to delegation of duties.
Section 135j related to authorization of appropriations and
expenditure of funds.
Section 135k related to cooperation between departments and agencies.
07 USC 136. Definitions
TITLE 7 -- AGRICULTURE
For purposes of this subchapter --
(a) Active ingredient
The term ''active ingredient'' means --
(1) in the case of a pesticide other than a plant regulator,
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 artificially
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 pesticide 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 invertebrate species,
including but not limited to man and other mammals, birds, fish, and
shellfish.
(e) Certified applicator, etc.
(1) Certified applicator
The term ''certified applicator'' means any individual who is
certified under section 136i of this title as authorized to use or
supervise the use of any pesticide which is classified for restricted
use. Any applicator who holds or applies registered pesticides, or uses
dilutions of registered pesticides consistent with subsection (ee) of
this section, only to provide a service of controlling pests without
delivering any unapplied pesticide to any person so served is not deemed
to be a seller or distributor of pesticides under this subchapter.
(2) Private applicator
The term ''private applicator'' means a certified applicator who uses
or supervises the use of any pesticide which is classified for
restricted use for purposes of producing any agricultural commodity on
property owned or rented by the applicator or the applicator's employer
or (if applied without compensation other than trading of personal
services between producers of agricultural commodities) on the property
of another person.
(3) Commercial applicator
The term ''commercial applicator'' means an applicator (whether or
not the applicator 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 paragraph (2).
(4) Under the direct supervision of a certified applicator
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 applicator is not physically
present at the time and place the pesticide is applied.
(f) Defoliant
The term ''defoliant'' means any substance of mixture 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 mixture of substances
intended for artificially accelerating the drying of plant tissue.
(h) Device
The term ''device'' means any instrument or contrivance (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 interrelationships
which exist among these.
(k) Fungus
The term ''fungus'' means any non-chlorophyll-bearing thallophyte
(that is, any non-chlorophyll-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.
(l) 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 likely to result in unreasonable adverse effects on
the environment or will involve unreasonable hazard to the survival of a
species declared endangered or threatened by the Secretary pursuant to
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(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.
(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 anthropods 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 literature
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 and
Human Services, 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 established by the Administrator
pursuant to section 136w(c)(3) of this title;
(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 136e of this title to each establishment in which it was
produced;
(E) any word, statement, or other information required by or under
authority of this subchapter to appear on the label or labeling is not
prominently placed thereon with such conspicuousness (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
ordinary individual under customary conditions of purchase and use;
(F) the labeling accompanying it does not contain directions 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 136a(d) of this title, are adequate to protect health and
the environment;
(G) the label does not contain a warning or caution statement which
may be necessary and if complied with, together with any requirements
imposed under section 136a(d) of this title, is adequate to protect
health and the environment; or
(H) in the case of a pesticide not registered in accordance with
section 136a of this title and intended for export, the label does not
contain, in words prominently placed thereon with such conspicuousness
(as compared with other words, statements, designs, or graphic matter in
the labeling) as to render it likely to be noted by the ordinary
individual under customary conditions of purchase and use, the
following: ''Not Registered for Use in the United States of America''.
(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 container 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
displayed under customary conditions or purchase, except that a
pesticide is not misbranded under this subparagraph if --
(i) The size or 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 under 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 outside
container or wrapper of the retail package, if there be one, through
which the required information on the immediate 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, except that the
Administrator may permit reasonable variations; and
(iv) when required by regulation of the Administrator to effectuate
the purposes of this subchapter, the registration number assigned to the
pesticide under this subchapter, and the use classification; and
(D) the pesticide contains any substance or substances in quantities
highly toxic to man, unless the label shall bear, in addition to any
other matter required by this subchapter --
(i) the skull and crossbones;
(ii) the word ''poison'' prominently in red on a background 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, unsegmented round worms
with elongated, fusiform, or saclike bodies covered with cuticle, and
inhabiting 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 persons 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
136w(c)(1) of this title.
(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 substances intended for
use as a plant regulator, defoliant, or desiccant, except that the term
''pesticide'' shall not include any article that is a ''new animal
drug'' within the meaning of section 321(w) of title 21, that has been
determined by the Secretary of Health and Human Services not to be a new
animal drug by a regulation establishing conditions of use for the
article, or that is an animal feed within the meaning of section 321(x)
of title 21 bearing or containing a new animal drug.
(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 are intended as plant
nutrients, trace elements, nutritional 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, maintenance, 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 person who manufactures, prepares,
compounds, propagates, or processes any pesticide or device or active
ingredient used in producing a pesticide. The term ''produce'' means to
manufacture, prepare, compound, propagate, or process any pesticide or
device or active ingredient used in producing a pesticide. 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 subchapter.
(x) Protect health and the environment
The terms ''protect health and the environment'' and ''protection of
health and the environment'' mean protection against any unreasonable
adverse effects on the environment.
(y) Registrant
The term ''registrant'' means a person who has registered any
pesticide pursuant to the provisions of this subchapter.
(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 or active ingredient used in producing a pesticide is produced,
or held, for distribution or sale.
(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 permitted by the labeling, except that the term shall not include
(1) applying a pesticide at any dosage, concentration, or frequency less
than that specified on the labeling unless the labeling specifically
prohibits deviation from the specified dosage, concentration, or
frequency, (2) applying a pesticide against any 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 the Administrator has
determined that the use of the pesticide against other pests would cause
an unreasonable adverse effect on the environment, (3) employing any
method of application not prohibited by the labeling unless the labeling
specifically states that the product may be applied only by the methods
specified on the labeling, (4) mixing a pesticide or pesticides with a
fertilizer when such mixture is not prohibited by the labeling, (5) any
use of a pesticide in conformance with section 136c, 136p, or 136v of
this title, or (6) any use of a pesticide in a manner that the
Administrator determines to be consistent with the purposes of this
subchapter. 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 consistent with the study
provided for in section 27(b) of the Federal Pesticide Act of 1978,
which regulation or advisory opinion specifically requires the use of
definite amounts of dilution.
(ff) Outstanding data requirement
(1) In general
The term ''outstanding data requirement'' means a requirement for any
study, information, or data that is necessary to make a determination
under section 136a(c)(5) of this title and which study, information, or
data --
(A) has not been submitted to the Administrator; or
(B) if submitted to the Administrator, the Administrator has
determined must be resubmitted because it is not valid, complete, or
adequate to make a determination under section 136a(c)(5) of this title
and the regulations and guidelines issued under such section.
(2) Factors
In making a determination under paragraph (1)(B) respecting a study,
the Administrator shall examine, at a minimum, relevant protocols,
documentation of the conduct and analysis of the study, and the results
of the study to determine whether the study and the results of the study
fulfill the data requirement for which the study was submitted to the
Administrator.
(gg) To distribute or sell
The term ''to distribute or sell'' means to distribute, sell, offer
for sale, hold for distribution, hold for sale, hold for shipment, ship,
deliver for shipment, release for shipment, or receive and (having so
received) deliver or offer to deliver. The term does not include the
holding or application of registered pesticides or use dilutions thereof
by any applicator who provides a service of controlling pests without
delivering any unapplied pesticide to any person so served.
(June 25, 1947, ch. 125, 2, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 975, and amended Dec. 28, 1973, Pub. L. 93-205, 13(f), 87
Stat. 903; Nov. 28, 1975, Pub. L. 94-140, 9, 89 Stat. 754; Sept. 30,
1978, Pub. L. 95-396, 1, 92 Stat. 819; Oct. 25, 1988, Pub. L. 100-532,
title I, 101, title VI, 601(a), title VIII, 801(a), 102 Stat. 2655,
2677, 2679; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(a)(1), (2),
(b)(3)(A), (B), 105 Stat. 1894, 1895.)
The Endangered Species Act of 1973, referred to in subsec. (l), is
Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified principally to chapter 35 ( 1531 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 1531 of Title 16 and Tables.
Section 27(b) of Federal Pesticide Act of 1978, referred to in
subsec. (ee), is section 27(b) of Pub. L. 95-396, Sept. 30, 1978, 92
Stat. 841, which is set out as a note under section 136w-4 of this
title.
A prior section 2 of act June 25, 1947, was classified to section 135
of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (e)(1). Pub. L. 102-237, 1006(a)(1), substituted
''section 136i'' for ''section 136b'' and ''uses dilutions'' for ''use
dilutions'' and made technical amendment to reference to subsection (ee)
of this section involving corresponding provision of original act.
Subsec. (e)(2). Pub. L. 102-237, 1006(b)(3)(A), substituted ''the
applicator or the applicator's'' for ''him or his''.
Subsec. (e)(3). Pub. L. 102-237, 1006(b)(3)(B), substituted ''the
applicator'' for ''he''.
Subsec. (q)(2)(A)(i). Pub. L. 102-237, 1006(a)(2), substituted ''size
or form'' for ''size of form''.
1988 -- Subsec. (c). Pub. L. 100-532, 801(a)(1), substituted ''if --
'' for ''if:''.
Subsec. (p)(2)(B). Pub. L. 100-532, 801(a)(2), substituted ''Health
and Human Services'' for ''Health, Education, and Welfare''.
Subsec. (q)(2)(A). Pub. L. 100-532, 801(a)(3), substituted ''if -- ''
for ''if:''.
Subsec. (q)(2)(C)(iii). Pub. L. 100-532, 801(a)(4), substituted '',
except that'' for '': Provided, That''.
Subsec. (u). Pub. L. 100-532, 801(a)(5), substituted '', except
that'' for '': Provided, That'', struck out ''(1)(a)'' after ''include
any article'' and ''or (b)'' after ''section 321(w) of title 21,'', and
substituted ''Health and Human Services'' for ''Health, Education, and
Welfare'', ''or that is'' for ''or (2) that is'', and ''a new animal
drug'' for ''an article covered by clause (1) of this proviso''.
Subsec. (ee). Pub. L. 100-532, 601(a)(1), 801(a)(6), substituted '',
except that'' for '': Provided, That'', inserted ''unless the labeling
specifically prohibits deviation from the specified dosage,
concentration, or frequency'' and ''unless the labeling specifically
states that the product may be applied only by the methods specified on
the labeling'', substituted ''labeling, (4) mixing'' for ''labeling, or
(4) mixing'', '', (5)'' for '': Provided further, That the term also
shall not include'', ''or (6) any use'' for ''or any use'', and ''.
After'' for '': And provided further, That after''.
Subsec. (ff). Pub. L. 100-532, 101, added subsec. (ff).
Subsec. (gg). Pub. L. 100-532, 601(a)(2), added subsec. (gg).
1978 -- Subsec. (e)(1). Pub. L. 95-396, 1(1), inserted provision
deeming an applicator not a seller or distributor of pesticides when
providing a service of controlling pests.
Subsec. (e)(3). Pub. L. 95-396, 1(2), substituted ''an applicator''
for ''a certified applicator''.
Subsec. (q)(1)(H). Pub. L. 95-396, 1(3), added subpar. (H).
Subsec. (w). Pub. L. 95-396, 1(4), (5), amended definition of
''producer'' and ''produce'' to include reference to active ingredient
used in producing a pesticide and inserted provision that an individual
did not become a producer when there was dilution of a pesticide for
personal use according to directions on registered labels.
Subsec. (dd). Pub. L. 95-396, 1(6), inserted ''or active ingredient
used in producing a pesticide''.
Subsec. (ee). Pub. L. 95-396, 1(7), added subsec. (ee).
1975 -- Subsec. (u). Pub. L. 94-140 inserted proviso which excluded
from term ''pesticide'' any article designated as ''new animal drug''
and any article denominated as animal feed.
1973 -- Subsec. (l). Pub. L. 93-205 substituted ''or threatened by
the Secretary pursuant to the Endangered Species Act of 1973'' for ''by
the Secretary of the Interior under Public Law 91-135''.
Section 901 of Pub. L. 100-532 provided that: ''Except as otherwise
provided in this Act, the amendments made by this Act (see Short Title
of 1988 Amendment note below) shall take effect on the expiration of 60
days after the date of enactment of this Act (Oct. 25, 1988).''
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section 16
of Pub. L. 93-205, set out as an Effective Date note under section 1531
of Title 16, Conservation.
Section 4 of Pub. L. 92-516, as amended by Pub. L. 94-140, 4, Nov.
28, 1975, 89 Stat. 752; Pub. L. 95-396, 28, Sept. 30, 1978, 92 Stat.
842, provided that:
''(a) Except as otherwise provided in the Federal Insecticide,
Fungicide, and Rodenticide Act (this subchapter), as amended by this Act
and as otherwise provided by this section, the amendments made by this
Act (see Short Title note set out below) shall take effect at the close
of the date of the enactment of this Act (Oct. 21, 1972), provided if
regulations are necessary for the implementation of any provision that
becomes effective on the date of enactment, such regulations 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
Rodenticide Act (this subchapter) 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.
''(c)(1) Two years after the enactment of this Act the Administrator
shall have promulgated regulations providing for the registration and
classification of pesticides under the provisions of this Act and
thereafter shall register all new applications under such provisions.
''(2) Any requirements that a pesticide be registered for use only by
a certified applicator shall not be effective until five years from the
date of enactment of this Act.
''(3) A period of five 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) 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.
''(4) 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
effective 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 Rodenticide Act shall
be treated as continuing in effect as if this Act had not been
enacted.''
Section 1(a) of Pub. L. 100-532 provided that: ''This Act (enacting
section 136a-1 of this title, amending this section and sections 136a to
136d, 136f to 136q, 136s, 136v to 136w-2, and 136y of this title, and
enacting provisions set out as notes under this section and sections
136m and 136y of this title) may be cited as the 'Federal Insecticide,
Fungicide, and Rodenticide ActAmendments of 1988'.''
Section 29 of Pub. L. 95-396 provided that: ''This Act (enacting
sections 136w-1 to 136w-4 of this title, amending this section and
sections 136a to 136f, 136h, 136j, 136l, 136o, 136q, 136r, 136u to 136w,
136x, and 136y of this title, enacting provisions set out as notes under
sections 136a, 136o, and 136w-4 of this title, and amending provisions
set out as a note under this section) may be cited as the 'Federal
Pesticide Act of 1978'.''
Section 1 of Pub. L. 92-516 provided: ''That this Act (amending
this subchapter generally, enacting notes set out under this section,
and amending sections 1261 and 1471 of Title 15, Commerce and Trade, and
sections 321 and 346a of Title 21, Foods and Drugs) may be cited as the
'Federal Environmental Pesticide Control Act of 1972'.''
Section 1(a) of act June 25, 1947, as added by Pub. L. 92-516, 2,
provided that: ''This Act (enacting this subchapter) may be cited as
the 'Federal Insecticide, Fungicide, and Rodenticide Act'.''
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set
out as a note under section 4321 of Title 42, The Public Health and
Welfare.
07 USC 136a. Registration of pesticides
TITLE 7 -- AGRICULTURE
(a) Requirement of registration
Except as provided by this subchapter, no person in any State may
distribute or sell to any person any pesticide that is not registered
under this subchapter. To the extent necessary to prevent unreasonable
adverse effects on the environment, the Administrator may by regulation
limit the distribution, sale, or use in any State of any pesticide that
is not registered under this subchapter and that is not the subject of
an experimental use permit under section 136c of this title or an
emergency exemption under section 136p of this title.
(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) the complete formula of the pesticide;
(E) a request that the pesticide be classified for general use or for
restricted use, or for both; and
(F) except as otherwise provided in paragraph (2)(D), 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 Administrator may consider
in accordance with the following provisions:
(i) With respect to pesticides containing active ingredients that are
initially registered under this subchapter after September 30, 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,
without the written permission of the original data submitter, be
considered by the Administrator to support an application by another
person during a period of ten years following the date the Administrator
first registers the pesticide, except that such permission shall not be
required in the case of defensive data.
(ii) Except as otherwise provided in clause (i), 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 reregistration, the
Administrator may, without the permission of the original data
submitter, consider any such item of data in support of an application
by any other person (hereinafter in this subparagraph 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 submitted 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 procedure for reaching an agreement on
the amount and terms of compensation, either person 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 procedure and rules of the
Service shall be applicable to the selection of such arbitrator and to
such arbitration 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 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
submitter has failed to participate in a procedure for reaching 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 concerning compensation under this subparagraph,
the original data submitter shall forfeit the right to compensation for
the use of the data in support of the application. Notwithstanding any
other provision of this subchapter, if the Administrator determines that
an applicant has failed to participate in a procedure for reaching 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 concerning compensation 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 Administrator 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 affected
person to respond. If a registration is denied or canceled under this
subparagraph, the Administrator may make such order as the Administrator
deems appropriate concerning the continued sale and use of existing
stocks of such pesticide. Registration action by the Administrator
shall not be delayed pending the fixing of 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
clauses (i) and (ii), 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 having
been received to compensate the original data submitter for the use of
such item of data.
(2) Data in support of registration
(A) 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 the Administrator requires any additional kind of information
under subparagraph (B) of this paragraph, the Administrator shall permit
sufficient time for applicants to obtain such additional information.
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. The Administrator shall not require a
person to submit, in relation to a registration or reregistration of a
pesticide for minor agricultural use under this subchapter, any field
residue data from a geographic area where the pesticide will not be
registered for such use. In the development 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. Except as provided
by section 136h of this title, within 30 days after the Administrator
registers a pesticide under this subchapter the Administrator shall make
available to the public the data called for in the registration
statement together with such other scientific information as the
Administrator deems relevant to the Administrator's decision.
(B)(i) If the Administrator determines that additional data are
required to maintain in effect an existing 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 registrant of such pesticide shall provide 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. The Administrator shall issue a notice of intent to
suspend the registration of a pesticide in accordance with the
procedures prescribed by clause (iv) if a registrant fails to comply
with this clause.
(iii) 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
agreement, 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 procedure and rules of the Service shall be
applicable to the selection of such arbitrator and to such arbitration
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
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. All
parties to the arbitration shall share equally in the payment of the fee
and expenses of the arbitrator. The Administrator shall issue a notice
of intent to suspend the registration of a pesticide in accordance with
the procedures prescribed by clause (iv) if a registrant fails to comply
with this clause.
(iv) Notwithstanding any other provision of this subchapter, if the
Administrator determines that a registrant, within the time required by
the Administrator, 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 proceeding as required by this
subparagraph, or to comply with the terms of an agreement or arbitration
decision concerning a joint data development arrangement under this
subparagraph, the Administrator 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 provisions as the Administrator deems appropriate
concerning 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 hearing is requested, a hearing shall
be conducted under section 136d(d) of this title. The only 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 Administrator's determination with respect to
the disposition of existing stocks is consistent with this subchapter.
If a hearing is held, a decision after completion of such hearing shall
be final. Notwithstanding any other provision of this subchapter, a
hearing shall be held and a determination made within seventy-five days
after receipt of a request for such hearing. Any registration 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 paragraph (1)(D). Whenever such data are submitted
jointly by two or more registrants, an agent shall be agreed on at the
time of the joint submission to handle any subsequent data compensation
matters for the joint submitters of such data.
(C) Within nine months after September 30, 1978, 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 the pesticide that is
the subject of the application shall be required to --
(i) submit or cite data pertaining to 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.
(3) Application
(A) The Administrator shall review the data after receipt of the
application and shall, as expeditiously as possible, either register the
pesticide in accordance with paragraph (5), or notify the applicant of
the Administrator's determination that it does not comply with the
provisions of the subchapter in accordance with paragraph (6).
(B)(i) The Administrator shall, as expeditiously as possible, review
and act on any application received by the Administrator that --
(I) proposes the initial or amended registration of an end-use
pesticide that, if registered as proposed, would be identical or
substantially similar in composition and labeling to a
currently-registered pesticide identified in the application, or that
would differ in composition and labeling from such currently-registered
pesticide only in ways that would not significantly increase the risk of
unreasonable adverse effects on the environment; or
(II) proposes an amendment to the registration of a registered
pesticide that does not require scientific review of data.
(ii) In expediting the review of an application for an action
described in clause (i), the Administrator shall --
(I) within 45 days after receiving the application, notify the
registrant whether or not the application is complete and, if the
application is found to be incomplete, reject the application;
(II) within 90 days after receiving a complete application, notify
the registrant if the application has been granted or denied; and
(III) if the application is denied, notify the registrant in writing
of the specific reasons for the denial of the application.
(4) Notice of application
The Administrator shall publish in the Federal Register, promptly
after receipt of the statement and other data required pursuant to
paragraphs (1) and (2), a notice of each application for registration of
any pesticide 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 the Administrator
determines that, when considered with any restrictions imposed under
subsection (d) of this section --
(A) its composition is such as to warrant the proposed claims for it;
(B) its labeling and other material required to be submitted comply
with the requirements of this subchapter;
(C) it will perform its intended function without unreasonable
adverse effects on the environment; and
(D) when used in accordance with widespread and commonly recognized
practice it will not generally cause unreasonable adverse effects on the
environment.
The Administrator shall not make any lack of essentiality a criterion
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. In considering an application for the
registration of a pesticide, the Administrator may waive data
requirements pertaining to efficacy, 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 efficacious by any State under section 136v(c)
of this title, a presumption is established that the Administrator shall
waive data requirements pertaining to efficacy for use of the pesticide
in such State.
(6) Denial of registration
If the Administrator determines that the requirements of paragraph
(5) for registration are not satisfied, the Administrator shall notify
the applicant for registration of the Administrator's determination and
of the Administrator's 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, the Administrator shall
notify the applicant of the Administrator's decision and of the
Administrator's reasons (including the factual basis) therefor. The
Administrator shall promptly publish in the Federal Register notice of
such denial of registration and the reasons therefor. Upon such
notification, the applicant for registration or other interested person
with the concurrence of the applicant shall have the same remedies as
provided for in section 136d of this title.
(7) Registration under special circumstances
Notwithstanding the provisions of paragraph (5) --
(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 identical or substantially similar to any
currently registered pesticide and use thereof, or differ only in ways
that would not significantly 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 subparagraph shall submit such data as
would be required to obtain registration of a similar pesticide under
paragraph (5). If the applicant is unable to submit an item of data
because it has not yet been generated, the Administrator may register or
amend the registration 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 pesticides already
registered under this subchapter.
(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
additional 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 environment. Notwithstanding the
foregoing provisions of this subparagraph, no registration of a
pesticide may be amended to permit an additional use of such pesticide
if the Administrator has issued a notice stating that such pesticide, or
any ingredient thereof, meets or exceeds risk criteria associated in
whole or in part with human dietary exposure enumerated in regulations
issued under this subchapter, and during the pendency 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
Agriculture, 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
paragraph (5). If the applicant is unable to submit an item of data
(other than data pertaining to the proposed additional use) because it
has not yet been generated, the Administrator may amend the registration
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 subchapter.
(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 subchapter, and on such other conditions
as the Administrator may prescribe. 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
pesticide is in the public interest.
(8) Interim administrative review
Notwithstanding any other provision of this subchapter, 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 subchapter, unless such interim administrative process is based on
a validated test or other significant evidence raising prudent concerns
of unreasonable adverse risk to man or to the environment. Notice of
the definition of the terms ''validated test'' and ''other significant
evidence'' as used herein shall be published by the Administrator in the
Federal Register.
(d) Classification of 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. 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, the
Administrator shall classify it for both general use and restricted use.
Pesticide uses may be classified by regulation on the initial
classification, and registered pesticides may be classified prior to
reregistration. 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.
The Administrator may require that its packaging and labeling for
restricted uses shall be clearly distinguishable 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, warnings and cautions and for
the uses for which it is registered, or for one or more of such uses, or
in accordance with a widespread and commonly recognized practice, will
not generally cause unreasonable adverse effects on the environment, the
Administrator 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, warnings and cautions and for
the uses for which it is registered, or for one or more of such uses, or
in accordance with a widespread and commonly recognized practice, may
generally cause, without additional regulatory restrictions,
unreasonable adverse effects on the environment, including injury to the
applicator, the Administrator shall classify the pesticide, or the
particular 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 applicator 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 additional 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.
(2) Change in classification
If the Administrator determines that a change in the classification
of any use of a pesticide from general use to restricted use is
necessary to prevent unreasonable adverse effects on the environment,
the Administrator shall notify the registrant of such pesticide of such
determination at least forty-five 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 136d(
b) of this title.
(3) Change in classification from restricted use to general use
The 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 general 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 contain an explanation therefor and
any such denial shall be subject to judicial review under section 136n
of this title.
(e) Products with 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
pesticide 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 subchapter.
(2) Registration not a defense
In no event shall registration of an article be construed as a
defense for the commission of any offense under this subchapter. As
long as no cancellation proceedings are in effect registration of a
pesticide shall be prima facie evidence that the pesticide, its labeling
and packaging comply with the registration provisions of the subchapter.
(3) Authority to consult other Federal agencies
In connection with consideration of any registration or application
for registration under this section, the Administrator may consult with
any other Federal agency.
(June 25, 1947, ch. 125, 3, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 979, and amended Nov. 28, 1975, Pub. L. 94-140, 12, 89 Stat.
755; Sept. 30, 1978, Pub. L. 95-396, 2(a), 3-8, 92 Stat. 820, 824-827;
Oct. 25, 1988, Pub. L. 100-532, title I, 102(b), 103, title VI,
601(b)(1), title VIII, 801(b), 102 Stat. 2667, 2677, 2680; Nov. 28,
1990, Pub. L. 101-624, title XIV, 1492, 104 Stat. 3628; Dec. 13, 1991,
Pub. L. 102-237, title X, 1006(a)(3), (b)(1), (2), (c), 105 Stat.
1894-1896.)
A prior section 3 of act June 25, 1947, was classified to section
135a of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (c)(1)(D). Pub. L. 102-237, 1006(a)(3)(B), (C),
added subpar. (D) and redesignated former subpar. (D) as (F).
Subsec. (c)(1)(E). Pub. L. 102-237, 1006(a)(3)(A), (C), added subpar.
(E) and struck out former subpar. (E) which read as follows: ''the
complete formula of the pesticide; and''.
Subsec. (c)(1)(F). Pub. L. 102-237, 1006(a)(3)(A), (B), (D),
redesignated former subpar. (D) as (F), in cl. (i) substituted
''With'' for ''with'' and a period for semicolon at end, in cl. (ii)
substituted ''Except'' for ''except'' and a period for semicolon at end,
in cl. (iii) substituted ''After'' for ''after'' and a period for
semicolon at end, and struck out former subpar. (F) which read as
follows: ''a request that the pesticide be classified for general use,
for restricted use, or for both.''
Subsec. (c)(2)(A). Pub. L. 102-237, 1006(b)(1), (2), substituted
''the Administrator'' for ''he'' before ''requires'', ''shall permit'',
''shall make'', and ''deems'', and substituted ''the Administrator's''
for ''his''.
Subsec. (c)(2)(D). Pub. L. 102-237, 1006(c), clarified amendment made
by Pub. L. 100-532, 102(b)(2)(A). See 1988 Amendment note below.
Subsec. (c)(3)(A). Pub. L. 102-237, 1006(b)(2), substituted ''the
Administrator's'' for ''his''.
Subsec. (c)(5). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''determines''.
Subsec. (c)(6). Pub. L. 102-237, 1006(b)(1), (2), substituted ''the
Administrator'' for ''he'' before ''shall notify'' in two places and
''the Administrator's'' for ''his'' in four places.
Subsec. (d)(1). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''shall classify it for both'' in
subpar. (A), before ''will classify'' in subpar. (B), and before
''shall classify'' in subpar. (C).
Subsec. (d)(2). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''shall notify''.
1990 -- Subsec. (c)(2)(A). Pub. L. 101-624 inserted after third
sentence ''The Administrator shall not require a person to submit, in
relation to a registration or reregistration of a pesticide for minor
agricultural use under this subchapter, any field residue data from a
geographic area where the pesticide will not be registered for such
use.''
1988 -- Subsec. (a). Pub. L. 100-532, 601(b)(1), substituted
''Requirement of registration'' for ''Requirement'' in heading and
amended text generally. Prior to amendment, text read as follows:
''Except as otherwise provided by this subchapter, 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.''
Subsec. (c)(1)(D). Pub. L. 100-532, 801(b)(1)-(4), in introductory
provisions, substituted ''paragraph (2)(D)'' for ''subsection (c)(2)(D)
of this section'', in cl. (i), substituted ''(i) with'' for ''(i)
With'' and '', except that'' for '': Provided, That'', in cl. (ii),
substituted ''clause (i)'' for ''subparagraph (D)(i) of this
paragraph'', and in cl. (iii), substituted ''clauses (i) and (ii)'' for
''subparagraphs (D)(i) and (D)(ii) of this paragraph''.
Subsec. (c)(2)(A). Pub. L. 100-532, 801(b)(5)(A), (B), substituted
''(2) Data in support of registration. --
''(A) The''
for ''(2)(A) Data in support of registration. -- The'', and directed
that subpar. (A) be aligned with left margin of subsec. (d)(1)(A) of
this section.
Subsec. (c)(2)(B). Pub. L. 100-532, 102(b)(1), 801(b)(5)(C)-(F),
substituted ''(B)(i) If'' for ''(B) Additional data to support existing
registration. -- (i) If'', directed that cls. (ii) to (v) be aligned
with left margin of subpar. (A), in cls. (ii) and (iii), inserted
''The Administrator shall issue a notice of intent to suspend the
registration of a pesticide in accordance with the procedures prescribed
by clause (iv) if a registrant fails to comply with this clause.'', in
cl. (iv), substituted ''title. The only'' for ''title: Provided, that
the only'', and in cl. (v), substituted ''paragraph (1)(D)'' for
''subsection (c)(1)(D) of this section''.
Subsec. (c)(2)(C). Pub. L. 100-532, 801(b)(5)(G), (H), struck out
''Simplified procedures'' after ''(C)'' and directed that text be
aligned with left margin of subpar. (A).
Subsec. (c)(2)(D). Pub. L. 100-532, 102(b)(2)(A), and Pub. L.
102-237, 1006(c), substituted ''the pesticide that is the subject of the
application'' for ''an end-use product''.
Subsec. (c)(2)(D)(i). Pub. L. 100-532, 102(b)(2)(B), struck out ''the
safety of'' after ''data pertaining to''.
Subsec. (c)(3). Pub. L. 100-532, 103, substituted ''(A) The
Administrator'' for ''The Administrator'' and added subpar. (B).
Subsec. (c)(7). Pub. L. 100-532, 801(b)(6), in introductory
provisions, substituted ''paragraph (5)'' for ''subsection (c)(5) of
this section'', in subpars. (A) and (B), substituted ''paragraph (5).
If'' for ''subsection (c)(5) of this section: Provided, That, if'', and
in subpar. (C), substituted ''prescribe. A'' for ''prescribe:
Provided, that a''.
Subsec. (d)(1)(A). Pub. L. 100-532, 801(b)(7), substituted
''restricted use. If'' for ''restricted use, provided that if'' and
''restricted uses. The Administrator'' for ''restricted uses:
Provided, however, That the Administrator''.
Subsec. (f)(2). Pub. L. 100-532, 801(b)(8), substituted ''this
subchapter. As'' for ''this subchapter: Provided, That as''.
Subsec. (g). Pub. L. 100-532, 801(b)(9), struck out subsec. (g)
which read as follows: ''The Administrator shall accomplish the
reregistration of all pesticides in the most expeditious manner
practicable: Provided, That, to the extent appropriate, any pesticide
that results in a postharvest residue in or on food or feed crops shall
be given priority in the reregistration process.''
1978 -- Subsec. (c)(1)(D). Pub. L. 95-396, 2(a)(1), added subpar.
(D), and struck out provisions which required the applicant for
registration of a pesticide to file with the Administrator a statement
containing ''if requested by the Administrator, a full description of
the tests made and the results thereof upon which the claims are based,
except that data submitted on or after January 1, 1970, in support of an
application shall not, without permission of the applicant, be
considered by the Administrator in support of any other application for
registration unless such other applicant shall have first offered to pay
reasonable compensation for producing the test data to be relied upon
and such data is not protected from disclosure by section 136h(b) of
this title. This provision with regard to compensation for producing
the test data to be relied upon shall apply with respect to all
applications for registration or reregistration submitted on or after
October 21, 1972. If the parties cannot agree on the amount and method
of payment, the Administrator shall make such determination and may fix
such other terms and conditions as may be reasonable under the
circumstances. The Administrator's determination shall be made on the
record after notice and opportunity for hearing. If either party does
not agree with said determination, he may, within thirty days, take an
appeal to the Federal district court for the district in which he
resides with respect to either the amount of the payment or the terms of
payment, or both. Registration shall not be delayed pending the
determination of reasonable compensation between the applicants, by the
Administrator or by the court.''.
Subsec. (c)(2). Pub. L. 95-396, 2(a)(2)(A)-(D), 3, 4, designated
existing provisions as subpar. (A), inserted in second sentence ''under
subparagraph (B) of this paragraph'' after ''kind of information'',
struck out from introductory text of third sentence ''subsection
(c)(1)(D) of this section and'' after ''Except as provided by'', and
inserted provisions relating to establishment of standards for data
requirements for registration of pesticides with respect to minor uses
and consideration of economic factors in development of standards and
cost of development, and added subpars. (B) to (D).
Subsec. (c)(5). Pub. L. 95-396, 5, provided for waiver of data
requirements pertaining to efficacy.
Subsec. (c)(7), (8). Pub. L. 95-396, 6, added pars. (7) and (8).
Subsec. (d)(1)(A). Pub. L. 95-396, 7(1), authorized classification of
pesticide uses by regulation on the initial classification and
registered pesticides prior to reregistration.
Subsec. (d)(2). Pub. L. 95-396, 7(2), substituted ''forty-five days''
for ''30 days''.
Subsec. (d)(3). Pub. L. 95-396, 7(3), added par. (3).
Subsec. (g). Pub. L. 95-396, 8, added subsec. (g).
1975 -- Subsec. (c)(1)(D). Pub. L. 94-140 inserted exception
relating to test data submitted on or after January 1, 1970, in support
of application, inserted provision that compensation for producing test
data shall apply to all applications submitted on or after October 21,
1972, and provision relating to delay of registration pending
determination of reasonable compensation, struck out requirement that
payment determined by court not be less than amount determined by
Administrator, and substituted ''If either party'' for ''If the owner of
the test data''.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Section 2(b) of Pub. L. 95-396 provided that: ''The amendment to
section 3(c)(1)(D) of the Federal Insecticide, Fungicide, and
Rodenticide Act (subsec. (c)(1)(D) of this section) made by (subsec.
(a)(1) of) this section shall apply with respect to all applications for
registration approved after the date of enactment of this Act (Sept. 30,
1978).''
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
Section 1498 of Pub. L. 101-624 provided that:
''(a) Study. -- Not later than September 30, 1992, the National
Academy of Sciences shall conduct a study of the biological control
programs and registration procedures utilized by the Food and Drug
Administration, the Animal and Plant Health Inspection Service, and the
Environmental Protection Agency.
''(b) Development of Procedures. -- Not later than 1 year after the
completion of the study under subsection (a), the agencies and offices
described in such subsection shall develop and implement a common
process for reviewing and approving biological control applications that
are submitted to such agencies and offices that shall be based on the
study conducted under such subsection and the recommendation of the
National Academy of Sciences, and other public comment.''
Pub. L. 100-478, title I, 1010, Oct. 7, 1988, 102 Stat. 2313,
provided that:
''(a) Education. -- The Administrator of the Environmental Protection
Agency in cooperation with the Secretary of Agriculture and the
Secretary of the Interior, promptly upon enactment of this Act (Oct. 7,
1988), shall conduct a program to inform and educate fully persons
engaged in agricultural food and fiber commodity production of any
proposed pesticide labeling program or requirements that may be imposed
by the Administrator in compliance with the Endangered Species Act (16
U.S.C. 1531 et seq.). The Administrator also shall provide the public
with notice of, and opportunity for comment on, the elements of any such
program and requirements based on compliance with the Endangered Species
Act, including (but not limited to) an identification of any pesticides
affected by the program; an explanation of the restriction or
prohibition on the user or applicator of any such pesticide; an
identification of those geographic areas affected by any pesticide
restriction or prohibition; an identification of the effects of any
restricted or prohibited pesticide on endangered or threatened species;
and an identification of the endangered or threatened species along with
a general description of the geographic areas in which such species are
located wherein the application of a pesticide will be restricted,
prohibited, or its use otherwise limited, unless the Secretary of the
Interior determines that the disclosure of such information may create a
substantial risk of harm to such species or its habitat.
''(b) Study. -- The Administrator of the Environmental Protection
Agency, jointly with the Secretary of Agriculture and the Secretary of
the Interior, shall conduct a study to identify reasonable and prudent
means available to the Administrator to implement the endangered species
pesticides labeling program which would comply with the Endangered
Species Act of 1973, as amended, and which would allow persons to
continue production of agricultural food and fiber commodities. Such
study shall include investigation by the Administrator of the best
available methods to develop maps and the best available alternatives to
mapping as means of identifying those circumstances in which use of
pesticides may be restricted; identification of alternatives to
prohibitions on pesticide use, including, but not limited to,
alternative pesticides and application methods and other agricultural
practices which can be used in lieu of any pesticides whose use may be
restricted by the labeling program; examination of methods to improve
coordination among the Environmental Protection Agency, Department of
Agriculture, and Department of the Interior in administration of the
labeling program; and analysis of the means of implementing the
endangered species pesticides labeling program or alternatives to such a
program, if any, to promote the conservation of endangered or threatened
species and to minimize the impacts to persons engaged in agricultural
food and fiber commodity production and other affected pesticide users
and applicators.
''(c) Report. -- The Administrator of the Environmental Protection
Agency in cooperation with the Secretary of Agriculture and the
Secretary of the Interior shall submit a report within one year of the
date of enactment of this Act (Oct. 7, 1988), presenting the results of
the study conducted pursuant to subsection (b) of this section to the
Committee on Merchant Marine and Fisheries and the Committee on
Agriculture of the United States House of Representatives, and the
Committee on Environment and Public Works and the Committee on
Agriculture, Nutrition, and Forestry of the United States Senate.''
07 USC 136a-1. Reregistration of registered pesticides
TITLE 7 -- AGRICULTURE
(a) General rule
The Administrator shall reregister, in accordance with this section,
each registered pesticide containing any active ingredient contained in
any pesticide first registered before November 1, 1984, except for any
pesticide as to which the Administrator has determined, after November
1, 1984, and before the effective date of this section, that --
(1) there are no outstanding data requirements; and
(2) the requirements of section 136a(c)(5) of this title have been
satisfied.
(b) Reregistration phases
Reregistrations of pesticides under this section shall be carried out
in the following phases:
(1) The first phase shall include the listing under subsection (c) of
this section of the active ingredients of the pesticides that will be
reregistered.
(2) The second phase shall include the submission to the
Administrator under subsection (d) of this section of notices by
registrants respecting their intention to seek reregistration,
identification by registrants of missing and inadequate data for such
pesticides, and commitments by registrants to replace such missing or
inadequate data within the applicable time period.
(3) The third phase shall include submission to the Administrator by
registrants of the information required under subsection (e) of this
section.
(4) The fourth phase shall include an independent, initial review by
the Administrator under subsection (f) of this section of submissions
under phases two and three, identification of outstanding data
requirements, and the issuance, as necessary, of requests for additional
data.
(5) The fifth phase shall include the review by the Administrator
under subsection (g) of this section of data submitted for
reregistration and appropriate regulatory action by the Administrator.
(c) Phase one
(1) Priority for reregistration
For purposes of the reregistration of the pesticides described in
subsection (a) of this section, the Administrator shall list the active
ingredients of pesticides and shall give priority to, among others,
active ingredients (other than active ingredients for which registration
standards have been issued before the effective date of this section)
that --
(A) are in use on or in food or feed and may result in postharvest
residues;
(B) may result in residues of potential toxicological concern in
potable ground water, edible fish, or shellfish;
(C) have been determined by the Administrator before the effective
date of this section to have significant outstanding data requirements;
or
(D) are used on crops, including in greenhouses and nurseries, where
worker exposure is most likely to occur.
(2) Reregistration lists
For purposes of reregistration under this section, the Administrator
shall by order --
(A) not later than 70 days after the effective date of this section,
list pesticide active ingredients for which registration standards have
been issued before such effective date;
(B) not later than 4 months after such effective date, list the first
150 pesticide active ingredients, as determined under paragraph (1);
(C) not later than 7 months after such effective date, list the
second 150 pesticide active ingredients, as determined under paragraph
(1); and
(D) not later than 10 months after such effective date, list the
remainder of the pesticide active ingredients, as determined under
paragraph (1).
Each list shall be published in the Federal Register.
(3) Judicial review
The content of a list issued by the Administrator under paragraph (2)
shall not be subject to judicial review.
(4) Notice to registrants
On the publication of a list of pesticide active ingredients under
paragraph (2), the Administrator shall send by certified mail to the
registrants of the pesticides containing such active ingredients a
notice of the time by which the registrants are to notify the
Administrator under subsection (d) of this section whether the
registrants intend to seek or not to seek reregistration of such
pesticides.
(d) Phase two
(1) In general
The registrant of a pesticide that contains an active ingredient
listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this
section shall submit to the Administrator, within the time period
prescribed by paragraph (4), the notice described in paragraph (2) and
any information, commitment, or offer described in paragraph (3).
(2) Notice of intent to seek or not to seek reregistration
(A) The registrant of a pesticide containing an active ingredient
listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this
section shall notify the Administrator by certified mail whether the
registrant intends to seek or does not intend to seek reregistration of
the pesticide.
(B) If a registrant submits a notice under subparagraph (A) of an
intention not to seek reregistration of a pesticide, the Administrator
shall publish a notice in the Federal Register stating that such a
notice has been submitted.
(3) Missing or inadequate data
Each registrant of a pesticide that contains an active ingredient
listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this
section and for which the registrant submitted a notice under paragraph
(2) of an intention to seek reregistration of such pesticide shall
submit to the Administrator --
(A) in accordance with regulations issued by the Administrator under
section 136a of this title, an identification of --
(i) all data that are required by regulation to support the
registration of the pesticide with respect to such active ingredient;
(ii) data that were submitted by the registrant previously in support
of the registration of the pesticide that are inadequate to meet such
regulations; and
(iii) data identified under clause (i) that have not been submitted
to the Administrator; and
(B) either --
(i) a commitment to replace the data identified under subparagraph
(A)(ii) and submit the data identified under subparagraph (A)(iii)
within the applicable time period prescribed by paragraph (4)(B); or
(ii) an offer to share in the cost to be incurred by a person who has
made a commitment under clause (i) to replace or submit the data and an
offer to submit to arbitration as described by section 136a(c)( 2)(B) of
this title with regard to such cost sharing.
For purposes of a submission by a registrant under subparagraph (A)(
ii), data are inadequate if the data are derived from a study with
respect to which the registrant is unable to make the certification
prescribed by subsection (e)(1)(G) of this section that the registrant
possesses or has access to the raw data used in or generated by such
study. For purposes of a submission by a registrant under such
subparagraph, data shall be considered to be inadequate if the data are
derived from a study submitted before January 1, 1970, unless it is
demonstrated to the satisfaction of the Administrator that such data
should be considered to support the registration of the pesticide that
is to be reregistered.
(4) Time periods
(A) A submission under paragraph (2) or (3) shall be made --
(i) in the case of a pesticide containing an active ingredient listed
under subsection (c)(2)(B) of this section, not later than 3 months
after the date of publication of the listing of such active ingredient;
(ii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(C) of this section, not later than 3
months after the date of publication of the listing of such active
ingredient; and
(iii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(D) of this section, not later than 3
months after the date of publication of the listing of such active
ingredient.
On application, the Administrator may extend a time period prescribed
by this subparagraph if the Administrator determines that factors beyond
the control of the registrant prevent the registrant from complying with
such period.
(B) A registrant shall submit data in accordance with a commitment
entered into under paragraph (3)(B) within a reasonable period of time,
as determined by the Administrator, but not more than 48 months after
the date the registrant submitted the commitment. The Administrator, on
application of a registrant, may extend the period prescribed by the
preceding sentence by no more than 2 years if extraordinary
circumstances beyond the control of the registrant prevent the
registrant from submitting data within such prescribed period.
(5) Cancellation and removal
(A) If the registrant of a pesticide does not submit a notice under
paragraph (2) or (3) within the time prescribed by paragraph (4)(A), the
Administrator shall issue a notice of intent to cancel the registration
of such registrant for such pesticide and shall publish the notice in
the Federal Register and allow 60 days for the submission of comments on
the notice. On expiration of such 60 days, the Administrator, by order
and without a hearing, may cancel the registration or take such other
action, including extension of applicable time periods, as may be
necessary to enable reregistration of such pesticide by another person.
(B)(i) If --
(I) no registrant of a pesticide containing an active ingredient
listed under subsection (c)(2) of this section notifies the
Administrator under paragraph (2) that the registrant intends to seek
reregistration of any pesticide containing that active ingredient;
(II) no such registrant complies with paragraph (3)(A); or
(III) no such registrant makes a commitment under paragraph (3)(B) to
replace or submit all data described in clauses (ii) and (iii) of
paragraph (3)(A);
the Administrator shall publish in the Federal Register a notice of
intent to remove the active ingredient from the list established under
subsection (c)(2) of this section and a notice of intent to cancel the
registrations of all pesticides containing such active ingredient and
shall provide 60 days for comment on such notice.
(ii) After the 60-day period has expired, the Administrator, by
order, may cancel any such registration without hearing, except that the
Administrator shall not cancel a registration under this subparagraph if
--
(I) during the comment period a person acquires the rights of the
registrant in that registration;
(II) during the comment period that person furnishes a notice of
intent to reregister the pesticide in accordance with paragraph (2);
and
(III) not later than 120 days after the publication of the notice
under this subparagraph, that person has complied with paragraph (3) and
the fee prescribed by subsection (i)(1) of this section has been paid.
(6) Suspensions and penalties
The Administrator shall issue a notice of intent to suspend the
registration of a pesticide in accordance with the procedures prescribed
by section 136a(c)(2)(B)(iv) of this title if the Administrator
determines that (A) progress is insufficient to ensure the submission of
the data required for such pesticide under a commitment made under
paragraph (3)(B) within the time period prescribed by paragraph (4)(B)
or (B) the registrant has not submitted such data to the Administrator
within such time period.
(e) Phase three
(1) Information about studies
Each registrant of a pesticide that contains an active ingredient
listed under subparagraph (B), (C), or (D) of subsection (c)(2) of this
section who has submitted a notice under subsection (d)(2) of this
section of an intent to seek the reregistration of such pesticide shall
submit, in accordance with the guidelines issued under paragraph (4), to
the Administrator --
(A) a summary of each study concerning the active ingredient
previously submitted by the registrant in support of the registration of
a pesticide containing such active ingredient and considered by the
registrant to be adequate to meet the requirements of section 136a of
this title and the regulations issued under such section;
(B) a summary of each study concerning the active ingredient
previously submitted by the registrant in support of the registration of
a pesticide containing such active ingredient that may not comply with
the requirements of section 136a of this title and the regulations
issued under such section but which the registrant asserts should be
deemed to comply with such requirements and regulations;
(C) a reformat of the data from each study summarized under
subparagraph (A) or (B) by the registrant concerning chronic dosing,
oncogenicity, reproductive effects, mutagenicity, neurotoxicity,
teratogenicity, or residue chemistry of the active ingredient that were
submitted to the Administrator before January 1, 1982;
(D) where data described in subparagraph (C) are not required for the
active ingredient by regulations issued under section 136a of this
title, a reformat of acute and subchronic dosing data submitted by the
registrant to the Administrator before January 1, 1982, that the
registrant considers to be adequate to meet the requirements of section
136a of this title and the regulations issued under such section;
(E) an identification of data that are required to be submitted to
the Administrator under section 136d(a)(2) of this title, indicating an
adverse effect of the pesticide;
(F) an identification of any other information available that in the
view of the registrant supports the registration;
(G) a certification that the registrant or the Administrator
possesses or has access to the raw data used in or generated by the
studies that the registrant summarized under subparagraph (A) or (B);
(H) either --
(i) a commitment to submit data to fill each outstanding data
requirement identified by the registrant; or
(ii) an offer to share in the cost of developing such data to be
incurred by a person who has made a commitment under clause (i) to
submit such data, and an offer to submit to arbitration as described by
section 136a(c)(2)(B) of this title with regard to such cost sharing;
and
(I) evidence of compliance with section 136a(c)(1)(D)(ii)1 /1/ of
this title and regulations issued thereunder with regard to previously
submitted data as if the registrant were now seeking the original
registration of the pesticide.
A registrant who submits a certification under subparagraph (G) that
is false shall be considered to have violated this subchapter and shall
be subject to the penalties prescribed by section 136l of this title.
(2) Time periods
(A) The information required by paragraph (1) shall be submitted to
the Administrator --
(i) in the case of a pesticide containing an active ingredient listed
under subsection (c)(2)(B) of this section, not later than 12 months
after the date of publication of the listing of such active ingredient;
(ii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(C) of this section, not later than 12
months after the date of publication of the listing of such active
ingredient; and
(iii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(D) of this section, not later than 12
months after the date of publication of the listing of such active
ingredient.
(B) A registrant shall submit data in accordance with a commitment
entered into under paragraph (1)(H) within a reasonable period of time,
as determined by the Administrator, but not more than 48 months after
the date the registrant submitted the commitment under such paragraph.
The Administrator, on application of a registrant, may extend the period
prescribed by the preceding sentence by no more than 2 years if
extraordinary circumstances beyond the control of the registrant prevent
the registrant from submitting data within such prescribed period.
(3) Cancellation
(A) If the registrant of a pesticide fails to submit the information
required by paragraph (1) within the time prescribed by paragraph (2),
the Administrator, by order and without hearing, shall cancel the
registration of such pesticide.
(B)(i) If the registrant of a pesticide submits the information
required by paragraph (1) within the time prescribed by paragraph (2)
and such information does not conform to the guidelines for submissions
established by the Administrator, the Administrator shall determine
whether the registrant made a good faith attempt to conform its
submission to such guidelines.
(ii) If the Administrator determines that the registrant made a good
faith attempt to conform its submission to such guidelines, the
Administrator shall provide the registrant a reasonable period of time
to make any necessary changes or corrections.
(iii)(I) If the Administrator determines that the registrant did not
make a good faith attempt to conform its submission to such guidelines,
the Administrator may issue a notice of intent to cancel the
registration. Such a notice shall be sent to the registrant by
certified mail.
(II) The registration shall be canceled without a hearing or further
notice at the end of 30 days after receipt by the registrant of the
notice unless during that time a request for a hearing is made by the
registrant.
(III) If a hearing is requested, a hearing shall be conducted under
section 136d(d) of this title, except that the only matter for
resolution at the hearing shall be whether the registrant made a good
faith attempt to conform its submission to such guidelines. The hearing
shall be held and a determination made within 75 days after receipt of a
request for hearing.
(4) Guidelines
(A) Not later than 1 year after the effective date of this section,
the Administrator, by order, shall issue guidelines to be followed by
registrants in --
(i) summarizing studies;
(ii) reformatting studies;
(iii) identifying adverse information; and
(iv) identifying studies that have been submitted previously that may
not meet the requirements of section 136a of this title or regulations
issued under such section,
under paragraph (1).
(B) Guidelines issued under subparagraph (A) shall not be subject to
judicial review.
(5) Monitoring
The Administrator shall monitor the progress of registrants in
acquiring and submitting the data required under paragraph (1).
(f) Phase four
(1) Independent review and identification of outstanding data
requirements
(A) The Administrator shall review the submissions of all registrants
of pesticides containing a particular active ingredient under
subsections (d)(3) and (e)(1) of this section to determine if such
submissions identified all the data that are missing or inadequate for
such active ingredient. To assist the review of the Administrator under
this subparagraph, the Administrator may require a registrant seeking
reregistration to submit complete copies of studies summarized under
subsection (e)(1) of this section.
(B) The Administrator shall independently identify and publish in the
Federal Register the outstanding data requirements for each active
ingredient that is listed under subparagraph (B), (C), or (D) of
subsection (c)(2) of this section and that is contained in a pesticide
to be reregistered under this section. The Administrator, at the same
time, shall issue a notice under section 136a(c)(2)(B) of this title for
the submission of the additional data that are required to meet such
requirements.
(2) Time periods
(A) The Administrator shall take the action required by paragraph (1)
--
(i) in the case of a pesticide containing an active ingredient listed
under subsection (c)(2)(B) of this section, not later than 18 months
after the date of the listing of such active ingredient;
(ii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(C) of this section, not later than 24
months after the date of the listing of such active ingredient; and
(iii) in the case of a pesticide containing an active ingredient
listed under subsection (c)(2)(D) of this section, not later than 33
months after the date of the listing of such active ingredient.
(B) If the Administrator issues a notice to a registrant under
paragraph (1)(B) for the submission of additional data, the registrant
shall submit such data within a reasonable period of time, as determined
by the Administrator, but not to exceed 48 months after the issuance of
such notice. The Administrator, on application of a registrant, may
extend the period prescribed by the preceding sentence by no more than 2
years if extraordinary circumstances beyond the control of the
registrant prevent the registrant from submitting data within such
prescribed period.
(3) Suspensions and penalties
The Administrator shall issue a notice of intent to suspend the
registration of a pesticide in accordance with the procedures prescribed
by section 136a(c)(2)(B)(iv) of this title if the Administrator
determines that (A) tests necessary to fill an outstanding data
requirement for such pesticide have not been initiated within 1 year
after the issuance of a notice under paragraph (1)(B), or (B) progress
is insufficient to ensure submission of the data referred to in clause
(A) within the time period prescribed by paragraph (2)(B) or the
required data have not been submitted to the Administrator within such
time period.
(g) Phase five
(1) Data review
The Administrator shall conduct a thorough examination of all data
submitted under this section concerning an active ingredient listed
under subsection (c)(2) of this section and of all other available data
found by the Administrator to be relevant.
(2) Reregistration and other actions
(A) Within 1 year after the submission of all data concerning an
active ingredient of a pesticide under subsection (f) of this section,
the Administrator shall determine whether pesticides containing such
active ingredient are eligible for reregistration. For extraordinary
circumstances, the Administrator may extend such period for not more
than 1 additional year.
(B) Before reregistering a pesticide, the Administrator shall obtain
any needed product-specific data regarding the pesticide by use of
section 136a(c)(2)(B) of this title and shall review such data within 90
days after its submission. The Administrator shall require that data
under this subparagraph be submitted to the Administrator not later than
8 months after a determination of eligibility under subparagraph (A) has
been made for each active ingredient of the pesticide, unless the
Administrator determines that a longer period is required for the
generation of the data.
(C) After conducting the review required by paragraph (1) for each
active ingredient of a pesticide and the review required by subparagraph
(B) of this paragraph, the Administrator shall determine whether to
reregister a pesticide by determining whether such pesticide meets the
requirements of section 136a(c)(5) of this title. If the Administrator
determines that a pesticide is eligible to be reregistered, the
Administrator shall reregister such pesticide within 6 months after the
submission of the data concerning such pesticide under subparagraph (B).
(D) If after conducting a review under paragraph (1) or subparagraph
(B) of this paragraph the Administrator determines that a pesticide
should not be reregistered, the Administrator shall take appropriate
regulatory action.
(h) Compensation of data submitter
If data that are submitted by a registrant under subsection (d), (e),
(f), or (g) of this section are used to support the application of
another person under section 136a of this title, the registrant who
submitted such data shall be entitled to compensation for the use of
such data as prescribed by section 136a(c)(1)(D) /2/ of this title. In
determining the amount of such compensation, the fees paid by the
registrant under this section shall be taken into account.
(i) Fees
(1) Initial fee for food or feed use pesticide active ingredients
The registrants of pesticides that contain an active ingredient that
is listed under subparagraph (B), (C), or (D) of subsection (c)(2) of
this section and that is an active ingredient of any pesticide
registered for a major food or feed use shall collectively pay a fee of
$50,000 on submission of information under paragraphs (2) and (3) of
subsection (d) of this section for such ingredient.
(2) Final fee for food or feed use pesticide active ingredients
(A) The registrants of pesticides that contain an active ingredient
that is listed under subparagraph (B), (C), or (D) of subsection (c)(2)
of this section and that is an active ingredient of any pesticide
registered for a major food or feed use shall collectively pay a fee of
$100,000 --
(i) on submission of information for such ingredient under subsection
(e)(1) of this section if data are reformatted under subsection
(e)(1)(C) of this section; or
(ii) on submission of data for such ingredient under subsection (e)(
2)(B) of this section if data are not reformatted under subsection (e)(
1)(C) of this section.
(B) The registrants of pesticides that contain an active ingredient
that is listed under subsection (c)(2)(A) of this section and that is an
active ingredient of any pesticide registered for a major food or feed
use shall collectively pay a fee of $150,000 at such time as the
Administrator shall prescribe.
(3) Fees for other pesticide active ingredients
(A) The registrants of pesticides that contain an active ingredient
that is listed under subparagraph (B), (C), or (D) of subsection (c)(2)
of this section and that is not an active ingredient of any pesticide
registered for a major food or feed use shall collectively pay fees in
amounts determined by the Administrator. Such fees may not be less than
one-half of, nor greater than, the fees required by paragraphs (1) and
(2). A registrant shall pay such fees at the times corresponding to the
times fees prescribed by paragraphs (1) and (2) are to be paid.
(B) The registrants of pesticides that contain an active ingredient
that is listed under subsection (c)(2)(A) of this section and that is
not an active ingredient of any pesticide that is registered for a major
food or feed use shall collectively pay a fee of not more than $100,000
and not less than $50,000 at such time as the Administrator shall
prescribe.
(4) Reduction or waiver of fees for minor use and other pesticides
(A) An active ingredient that is contained only in pesticides that
are registered solely for agricultural or nonagricultural minor uses, or
a pesticide the value or volume of use of which is small, shall be
exempt from the fees prescribed by paragraph (3).
(B) An antimicrobial active ingredient, the production level of which
does not exceed 1,000,000 pounds per year, shall be exempt from the fees
prescribed by paragraph (3). For purposes of this subparagraph, the
term ''antimicrobial active ingredient'' means any active ingredient
that is contained only in pesticides that are not registered for any
food or feed use and that are --
(i) sanitizers intended to reduce the number of living bacteria or
viable virus particles on inanimate surface or in water or air;
(ii) bacteriostats intended to inhibit the growth of bacteria in the
presence of moisture;
(iii) disinfectants intended to destroy or irreversibly inactivate
bacteria, fungi, or viruses on surfaces or inanimate objects;
(iv) sterilizers intended to destroy viruses and all living bacteria,
fungi, and their spores on inanimate surfaces; or
(v) fungicides or fungistats.
(C)(i) Notwithstanding any other provision of this subsection, in the
case of a small business registrant of a pesticide, the registrant shall
pay a fee for the reregistration of each active ingredient of the
pesticide that does not exceed an amount determined in accordance with
this subparagraph.
(ii) If during the 3-year period prior to reregistration the average
annual gross revenue of the registrant from pesticides containing such
active ingredient is --
(I) less than $5,000,000, the registrant shall pay 0.5 percent of
such revenue;
(II) $5,000,000 or more but less than $10,000,000, the registrant
shall pay 1 percent of such revenue; or
(III) $10,000,000 or more, the registrant shall pay 1.5 percent of
such revenue, but not more than $150,000.
(iii) For the purpose of this subparagraph, a small business
registrant is a corporation, partnership, or unincorporated business
that --
(I) has 150 or fewer employees; and
(II) during the 3-year period prior to reregistration, had an average
annual gross revenue from chemicals that did not exceed $40,000,000.
(5) Maintenance fee
(A) Subject to other provisions of this paragraph, each registrant of
a pesticide shall pay an annual fee by January 15 of each year of --
(i) $650 for the first registration; and
(ii) $1,300 for each additional registration, except that no fee
shall be charged for more than 200 registrations held by any registrant.
(B) In the case of a pesticide that is registered for a minor
agricultural use, the Administrator may reduce or waive the payment of
the fee imposed under this paragraph if the Administrator determines
that the fee would significantly reduce the availability of the
pesticide for the use.
(C) The amount of each fee prescribed under subparagraph (A) shall be
adjusted by the Administrator to a level that will result in the
collection under this paragraph of, to the extent practicable, an
aggregate amount of $14,000,000 each fiscal year.
(D) The maximum annual fee payable under this paragraph by --
(i) a registrant holding not more than 50 pesticide registrations
shall be $55,000; and
(ii) a registrant holding over 50 registrations shall be $95,000.
(E)(i) For a small business, the maximum annual fee payable under
this paragraph by --
(I) a registrant holding not more than 50 pesticide registrations
shall be $38,500; and
(II) a registrant holding over 50 pesticide registrations shall be
$66,500.
(ii) For purposes of clause (i), the term ''small business'' means a
corporation, partnership, or unincorporated business that --
(I) has 150 or fewer employees; and
(II) during the 3-year period prior to the most recent maintenance
fee billing cycle, had an average annual gross revenue from chemicals
that did not exceed $40,000,000.
(F) If any fee prescribed by this paragraph with respect to the
registration of a pesticide is not paid by a registrant by the time
prescribed, the Administrator, by order and without hearing, may cancel
the registration.
(G) The authority provided under this paragraph shall terminate on
September 30, 1997.
(6) Other fees
During the period beginning on October 25, 1988, and ending on
September 30, 1997, the Administrator may not levy any other fees for
the registration of a pesticide under this subchapter except as provided
in paragraphs (1) through (5).
(7) Apportionment
(A) If two or more registrants are required to pay any fee prescribed
by paragraph (1), (2), or (3) with respect to a particular active
ingredient, the fees for such active ingredient shall be apportioned
among such registrants on the basis of the market share in United States
sales of the active ingredient for the 3 calendar years preceding the
date of payment of such fee, except that --
(i) small business registrants that produce the active ingredient
shall pay fees in accordance with paragraph (4)(C); and
(ii) registrants who have no market share but who choose to
reregister a pesticide containing such active ingredient shall pay the
lesser of --
(I) 15 percent of the reregistration fee; or
(II) a proportionate amount of such fee based on the lowest
percentage market share held by any registrant active in the
marketplace.
In no event shall registrants who have no market share but who choose
to reregister a pesticide containing such active ingredient collectively
pay more than 25 percent of the total active ingredient reregistration
fee.
(B) The Administrator, by order, may require any registrant to submit
such reports as the Administrator determines to be necessary to allow
the Administrator to determine and apportion fees under this subsection
or to determine the registrant's eligibility for a reduction or waiver
of a fee.
(C) If any such report is not submitted by a registrant after
receiving notice of such report requirement, or if any fee prescribed by
this subsection (other than paragraph (5)) for an active ingredient is
not paid by a registrant to the Administrator by the time prescribed
under this subsection, the Administrator, by order and without hearing,
may cancel each registration held by such registrant of a pesticide
containing the active ingredient with respect to which the fee is
imposed. The Administrator shall reapportion the fee among the
remaining registrants and notify the registrants that the registrants
are required to pay to the Administrator any unpaid balance of the fee
within 30 days after receipt of such notice.
(j) Exemption of certain registrants
The requirements of subsections (d), (e), (f), and (i) of this
section (other than subsection (i)(5) of this section) regarding data
concerning an active ingredient and fees for review of such data shall
not apply to any person who is the registrant of a pesticide to the
extent that, under section 136a(c)(2)(D) of this title, the person would
not be required to submit or cite such data to obtain an initial
registration of such pesticide.
(k) Reregistration and expedited processing fund
(1) Establishment
There shall be established in the Treasury of the United States a
reregistration and expedited processing fund.
(2) Source and use
All fees collected by the Administrator under subsection (i) of this
section shall be deposited into the fund and shall be available to the
Administrator, without fiscal year limitation, to carry out
reregistration and expedited processing of similar applications.
(3) Expedited processing of similar applications
(A) The Administrator shall use for each of the fiscal years 1992,
1993, and 1994, 1/7th of the maintenance fees collected, up to $2
million each year to obtain sufficient personnel and resources to assure
the expedited processing and review of any application that --
(i) proposes the initial or amended registration of an end-use
pesticide that, if registered as proposed, would be identical or
substantially similar in composition and labeling to a
currently-registered pesticide identified in the application, or that
would differ in composition and labeling from any such
currently-registered pesticide only in ways that would not significantly
increase the risk of unreasonable adverse effects on the environment;
or
(ii) proposes an amendment to the registration of a registered
pesticide that does not require scientific review of data.
(B) Any amounts made available under subparagraph (A) shall be used
to obtain sufficient personnel and resources to carry out the activities
described in such subparagraph that are in addition to the personnel and
resources available to carry out such activities on October 25, 1988.
(4) Unused funds
Money in the fund not currently needed to carry out this section
shall be --
(A) maintained on hand or on deposit;
(B) invested in obligations of the United States or guaranteed
thereby; or
(C) invested in obligations, participations, or other instruments
that are lawful investments for fiduciary, trust, or public funds.
(5) Accounting
The Administrator shall --
(A) provide an annual accounting of the fees collected and disbursed
from the fund; and
(B) take all steps necessary to ensure that expenditures from such
fund are used only to carry out this section.
(l) Judicial review
Any failure of the Administrator to take any action required by this
section shall be subject to judicial review under the procedures
prescribed by section 136n(b) of this title.
(June 25, 1947, ch. 125, 4, formerly 3A, as added and renumbered 4,
Oct. 25, 1988, Pub. L. 100-532, title I, 102(a), title VIII, 801( q)(
2)(A), 102 Stat. 2655, 2683; amended Nov. 28, 1990, Pub. L. 101-624,
title XIV, 1493, 104 Stat. 3628; Dec. 13, 1991, Pub. L. 102-237, title
X, 1006(a)(4), (e), (f), 105 Stat. 1895-1897.)
The effective date of this section, referred to in subsecs. (a),
(c)(1), (2), and (e)(4)(A), is 60 days after Oct. 25, 1988. See
Effective Date note below.
Section 136a(c)(1)(D) of this title, referred to in subsecs. (e)(1)(
I) and (h), was redesignated section 136a(c)(1)(F) of this title by Pub.
L. 102-237, title X, 1006(a)(3)(B), Dec. 13, 1991, 105 Stat. 1894.
A prior section 4 of act June 25, 1947, which was classified to
section 136b of this title was transferred to section 11(a)-(c) of act
June 25, 1947, which is classified to section 136i(a)-(c) of this title.
Another prior section 4 of act June 25, 1947, was classified to
section 135b of this title prior to amendment of act June 25, 1947, by
Pub. L. 92-516.
1991 -- Subsec. (f)(3). Pub. L. 102-237, 1006(a)(4), realigned
margin.
Subsec. (i)(5). Pub. L. 102-237, 1006(e), amended par. (5)
generally, substituting, in subpar. (A), provisions relating to January
15 for provisions relating to March 1, in subpar. (A)(i), provisions
relating to fee of $650 for first registration for provisions relating
to fee of $425 for each registration for registrants holding not more
than 50 registrations, and in subpar. (A)( ii), provisions relating to
fee of $1,300 for each additional registration up to 200 registrations,
with no fee thereafter, for provisions relating to fee of $425 for each
registration up to 50, $100 for each registration over 50, with no fee
after 200 registrations, redesignating provisions formerly set out in
subpar. (A), following cl. (ii), as subpar. (B), and substituting
provisions relating to fee under this par. for provisions relating to
fee under this subpar., redesignating former subpar. (B) as (C),
striking former subpar. (C), which set maximum annual fee for
registrants under subpar. (A)(i) at $20,000, and for registrants under
subpar. (A)(ii) at $35,000, adding subpars. (D) and (E), and
redesignating former subpars. (D) and (E) as (F) and (G), respectively.
Subsec. (k)(3)(A). Pub. L. 102-237, 1006(f), substituted ''for each
of the fiscal years 1992, 1993, and 1994, 1/7th of the maintenance fees
collected, up to $2 million each year'' for ''each fiscal year not more
than $2,000,000 of the amounts in the fund''.
1990 -- Subsec. (i)(5)(A). Pub. L. 101-624 inserted sentence at end
relating to reduction or waiver of fee where pesticide is registered for
minor agricultural use.
Section effective on expiration of 60 days after Oct. 25, 1988, see
section 901 of Pub. L. 100-532, set out as an Effective Date of 1988
Amendment note under section 136 of this title.
/1/ See References in Text note below.
/2/ See References in Text note below.
07 USC 136b. Transferred
TITLE 7 -- AGRICULTURE
Section, act June 25, 1947, ch. 125, 4, as added Oct. 21, 1972,
Pub. L. 92-516, 2, 86 Stat. 983, and amended Nov. 28, 1975, Pub. L.
94-140, 5, 11, 89 Stat. 753, 754; Sept. 30, 1978, Pub. L. 95-396, 9,
92 Stat. 827; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801( c),
(q)(1)(A), (B), 102 Stat. 2681, 2683, which related to use of
restricted use pesticides and certification of applicators, was
transferred to subsecs. (a) to (c) of section 11 of act June 25, 1947,
by section 801(q)(1)(A) of Pub. L. 100-532 and is classified to section
136i(a) to (c) of this title.
07 USC 136c. Experimental use permits
TITLE 7 -- AGRICULTURE
(a) Issuance
Any person may apply to the Administrator for an experimental use
permit for a pesticide. The Administrator 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 within thirty days of
receipt by the applicant 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 136a of this title. An
application for an experimental use permit may be filed at any time.
(b) Temporary tolerance level
If the Administrator determines that the use of a pesticide may
reasonably be expected to result in any residue on or in food or feed,
the Administrator may establish a temporary tolerance level for the
residue of the pesticide before issuing the experimental use permit.
(c) Use under 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 of time 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 adverse effects on the environment.
All results of such studies shall be reported to the Administrator
before such pesticide may be registered under section 136a of this
title.
(e) Revocation
The Administrator may revoke any experimental use permit, at any
time, if the Administrator 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 shall, under such terms and conditions as the
Administrator may by regulations prescribe, authorize any State to issue
an experimental use permit for a pesticide. All provisions of section
136i of this title relating to State plans shall apply with equal force
to a State plan for the issuance of experimental use permits under this
section.
(g) Exemption for agricultural research agencies
Notwithstanding the foregoing provisions of this section, the
Administrator may issue an experimental use permit for a pesticide to
any public or private agricultural research agency or educational
institution which applies for such permit. Each permit shall not exceed
more than a one-year period or such other specific time as the
Administrator may prescribe. Such permit shall be issued under such
terms and conditions restricting the use of the pesticide as the
Administrator may require. Such pesticide may be used only by such
research agency or educational institution for purposes of
experimentation.
(June 25, 1947, ch. 125, 5, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 983, and amended Nov. 28, 1975, Pub. L. 94-140, 10, 89 Stat.
754; Sept. 30, 1978, Pub. L. 95-396, 10, 92 Stat. 828; Oct. 25, 1988,
Pub. L. 100-532, title VIII, 801(d), (q)(1)(D), 102 Stat. 2681, 2683;
Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), 105 Stat. 1895.)
A prior section 5 of act June 25, 1947, was classified to section
135c of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsecs. (b), (e), (f). Pub. L. 102-237 substituted ''the
Administrator'' for ''he'' before ''may'' in subsec. (b), before
''finds'' in subsec. (e), and before ''may'' in subsec. (f).
1988 -- Subsec. (f). Pub. L. 100-532, 801(q)(1)(D), substituted
''136i'' for ''136b''.
Subsec. (g). Pub. L. 100-532, 801(d), substituted ''require. Such
pesticide'' for ''require: Provided, That such pesticide''.
1978 -- Subsec. (a). Pub. L. 95-396, 10(1), provided for review of
application, issuance or nonissuance of experimental use permit within
prescribed period including reasons for denial, correction of
application, and waiver of conditions and substituted provision for
filing an application for experimental use permit at any time for prior
provision for filing at the time of or before or after an application
for registration is filed.
Subsec. (f). Pub. L. 95-396, 10(2), substituted in first sentence
''shall'' for ''may'' where first appearing.
1975 -- Subsec. (g). Pub. L. 94-140 added subsec. (g).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136d. Administrative review; suspension
TITLE 7 -- AGRICULTURE
(a) Cancellation after five years
(1) Procedure
The Administrator shall cancel the registration 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. The Administrator may permit the continued sale
and use of existing stocks of a pesticide whose registration is canceled
under this subsection or subsection (b) of this section to such extent,
under such conditions, and for such uses as the Administrator may
specify if the Administrator determines that such sale or use is not
inconsistent with the purposes of this subchapter 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 registrant 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 regarding unreasonable adverse
effects on the environment of the pesticide, the registrant 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 subchapter 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 the Administrator's intent either --
(1) to cancel its registration or to change its classification
together with the reasons (including the factual basis) for the
Administrator's action, or
(2) to hold a hearing to determine whether or not its registration
should be canceled or its classification changed.
Such notice shall be sent to the registrant and made public. In
determining whether to issue any such notice, the Administrator shall
include among those factors to be taken into account the impact of the
action proposed in such notice on production and prices of agricultural
commodities, retail food prices, and otherwise on the agricultural
economy. At least 60 days prior to sending such notice to the
registrant or making public such notice, whichever occurs first, the
Administrator shall provide the Secretary of Agriculture with a copy of
such notice and an analysis of such impact on the agricultural economy.
If the Secretary comments in writing to the Administrator regarding the
notice and analysis within 30 days after receiving them, the
Administrator shall publish in the Federal Register (with the notice)
the comments of the Secretary and the response of the Administrator with
regard to the Secretary's comments. If the Secretary does not comment in
writing to the Administrator regarding the notice and analysis within 30
days after receiving them, the Administrator may notify the registrant
and make public the notice at any time after such 30-day period
notwithstanding the foregoing 60-day time requirement. The time
requirements imposed by the preceding 3 sentences may be waived or
modified to the extent agreed upon by the Administrator and the
Secretary. Notwithstanding any other provision of this subsection and
section 136w(d) of this title, in the event that the Administrator
determines that suspension of a pesticide registration is necessary to
prevent an imminent hazard to human health, then upon such a finding the
Administrator may waive the requirement of notice to and consultation
with the Secretary of Agriculture pursuant to this subsection and of
submission to the Scientific Advisory Panel pursuant to section 136w(d)
of this title and proceed in accordance with subsection (c) of this
section. The proposed action shall become final and effective at the
end of 30 days from receipt by the registrant, or publication, of a
notice issued under paragraph (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. In taking any final action
under this subsection, the Administrator shall consider restricting a
pesticide's use or uses as an alternative to cancellation and shall
fully explain the reasons for these restrictions, and shall include
among those factors to be taken into account the impact of such final
action on production and prices of agricultural commodities, retail food
prices, and otherwise on the agricultural economy, and the Administrator
shall publish in the Federal Register an analysis of such impact.
(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, the Administrator 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 the Administrator's 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 ''imminent hazard''. The
registrant shall then have an opportunity, in accordance with the
provisions of paragraph (2), for an expedited hearing before the
Administrator on the question of whether an imminent hazard exists.
(2) Expedite hearing
If no request for a hearing is submitted to the Administrator 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 reviewable 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 Administrator
agree that it shall commence at a later time. The hearing shall be held
in accordance with the provisions of subchapter II of chapter 5 of title
5, except that the presiding officer need not be a certified
administrative law judge. 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) Emergency order
Whenever the Administrator determines that an emergency exists that
does not permit the Administrator to hold a hearing before suspending,
the Administrator may issue a suspension order in advance of
notification to the registrant. In that case, paragraph (2) shall apply
except that (A) the order of suspension shall be in effect pending the
expeditious completion of the remedies provided by that paragraph and
the issuance of a final order on suspension, and (B) no party other than
the registrant and the Administrator 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 proceeding for the purposes of section 136n(b) of this
title.
(4) Judicial review
A final order on the question of suspension following a hearing shall
be reviewable in accordance with section 136n of this title,
notwithstanding the fact that any related cancellation proceedings have
not been completed. 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 Administrator's final decision with respect to cancellation or
change in classification. This action may be maintained simultaneously
with any administrative review proceedings under this section. The
commencement of proceedings under this paragraph shall not operate as a
stay of order, unless ordered by the court.
(d) Public hearings and scientific review
In the event a hearing is requested pursuant to subsection (b) of
this section or determined upon by the Administrator pursuant to
subsection (b) of this section, 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 Administrator, if the
hearing is called by the Administrator rather than by the filing of
objections. Upon a showing of relevance and reasonable scope of
evidence sought by any party to a public hearing, the Hearing Examiner
shall issue a subpena to compel testimony or production of documents
from any person. The Hearing Examiner shall be guided by the principles
of the Federal Rules of Civil Procedure in making any order 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 herein. 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 Examiner 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. The 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 Administrator 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 subchapter. 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 the Administrator and issue an order either
revoking the Administrator's notice of intention issued pursuant to this
section, or shall issue an order either canceling the registration,
changing the classification, denying the registration, or requiring
modification 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) Conditional registration
(1) The Administrator shall issue a notice of intent to cancel a
registration issued under section 136a(c)(7) of this title if (A) the
Administrator, at any time during the period provided for satisfaction
of any condition imposed, determines 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. 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 Administrator may specify if the Administrator determines that
such sale or use is not inconsistent with the purposes of this
subchapter 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 section. The only matters for resolution at that hearing shall
be whether the registrant has initiated and pursued appropriate action
to comply with the condition or conditions 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 subchapter.
A decision after completion of such hearing shall be final.
Notwithstanding any other provision of this section, a hearing shall be
held and a determination made within seventy-five days after receipt of
a request for such hearing.
(f) General provisions
(1) Voluntary cancellation
(A) A registrant may, at any time, request that a pesticide
registration of the registrant be canceled or amended to terminate one
or more pesticide uses.
(B) Before acting on a request under subparagraph (A), the
Administrator shall publish in the Federal Register a notice of the
receipt of the request and provide for a 30-day period in which the
public may comment.
(C) In the case of a pesticide that is registered for a minor
agricultural use, if the Administrator determines that the cancellation
or termination of uses would adversely affect the availability of the
pesticide for use, the Administrator --
(i) shall publish in the Federal Register a notice of the receipt of
the request and make reasonable efforts to inform persons who so use the
pesticide of the request; and
(ii) may not approve or reject the request until the termination of
the 90-day period beginning on the date of publication of the notice in
the Federal Register, except that the Administrator may waive the 90-day
period upon the request of the registrant or if the Administrator
determines that the continued use of the pesticide would pose an
unreasonable adverse effect on the environment.
(D) Subject to paragraph (3)(B), after complying with this paragraph,
the Administrator may approve or deny the request.
(2) Publication of notice
A notice of denial of registration, intent to cancel, suspension, or
intent to suspend issued under this subchapter or a notice issued under
subsection (c)(4) or (d)(5)(A) of section 136a-1 of this title shall be
published in the Federal Register and shall be sent by certified mail,
return receipt requested, to the registrant's or applicant's address of
record on file with the Administrator. If the mailed notice is returned
to the Administrator as undeliverable at that address, if delivery is
refused, or if the Administrator otherwise is unable to accomplish
delivery of the notice to the registrant or applicant after making
reasonable efforts to do so, the notice shall be deemed to have been
received by the registrant or applicant on the date the notice was
published in the Federal Register.
(3) Transfer of registration of pesticides registered for minor
agricultural uses
In the case of a pesticide that is registered for a minor
agricultural use:
(A) During the 90-day period referred to in paragraph (1)(C)(ii), the
registrant of the pesticide may notify the Administrator of an agreement
between the registrant and a person or persons (including persons who so
use the pesticide) to transfer the registration of the pesticide, in
lieu of canceling or amending the registration to terminate the use.
(B) An application for transfer of registration, in conformance with
any regulations the Administrator may adopt with respect to the transfer
of the pesticide registrations, must be submitted to the Administrator
within 30 days of the date of notification provided pursuant to
subparagraph (A). If such an application is submitted, the
Administrator shall approve the transfer and shall not approve the
request for voluntary cancellation or amendment to terminate use unless
the Administrator determines that the continued use of the pesticide
would cause an unreasonable adverse effect on the environment.
(C) If the Administrator approves the transfer and the registrant
transfers the registration of the pesticide, the Administrator shall not
cancel or amend the registration to delete the use or rescind the
transfer of the registration, during the 180-day period beginning on the
date of the approval of the transfer unless the Administrator determines
that the continued use of the pesticide would cause an unreasonable
adverse effect on the environment.
(D) The new registrant of the pesticide shall assume the outstanding
data and other requirements for the pesticide that are pending at the
time of the transfer.
(g) Notice for stored pesticides with canceled or suspended
registrations
(1) In general
Any producer or exporter of pesticides, registrant of a pesticide,
applicant for registration of a pesticide, applicant for or holder of an
experimental use permit, commercial applicator, or any person who
distributes or sells any pesticide, who possesses any pesticide which
has had its registration canceled or suspended under this section shall
notify the Administrator and appropriate State and local officials of --
(A) such possession,
(B) the quantity of such pesticide such person possesses, and
(C) the place at which such pesticide is stored.
(2) Copies
The Administrator shall transmit a copy of each notice submitted
under this subsection to the regional office of the Environmental
Protection Agency which has jurisdiction over the place of pesticide
storage identified in the notice.
(h) Judicial review
Final orders of the Administrator under this section shall be subject
to judicial review pursuant to section 136n of this title.
(June 25, 1947, ch. 125, 6, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 984, and amended Nov. 28, 1975, Pub. L. 94-140, 1, 89 Stat.
751; Mar. 27, 1978, Pub. L. 95-251, 2(a)(2), 92 Stat. 183; Sept. 30,
1978, Pub. L. 95-396, 11, 12, 92 Stat. 828; Nov. 8, 1984, Pub. L.
98-620, title IV, 402(4)(A), 98 Stat. 3357; Oct. 25, 1988, Pub. L.
100-532, title II, 201, title IV, 404, title VIII, 801(e), (q)(2)(B),
102 Stat. 2668, 2673, 2681, 2683; Nov. 28, 1990, Pub. L. 101-624, title
XIV, 1494, 104 Stat. 3628; Dec. 13, 1991, Pub. L. 102-237, title X,
1006(a)(5), (b)(1), (2), (3)(C)-(E), 105 Stat. 1895, 1896.)
''Subchapter II of chapter 5 of title 5'', referred to in subsec.
(c)(2), was in the original ''subchapter II of Title 5'', and was
editorially changed to reflect the probable intent of Congress.
A prior section 6 of act June 25, 1947, was classified to section
135d of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (a)(1). Pub. L. 102-237, 1006(b)(1), substituted
''the Administrator'' for ''he'' before ''may specify'' and before
''determines''.
Subsec. (a)(2). Pub. L. 102-237, 1006(b)(3)(C), substituted ''the
registrant'' for ''he'' before ''shall''.
Subsec. (b). Pub. L. 102-237, 1006(b)(1), (2), substituted ''the
Administrator's'' for ''his'' in introductory provisions and par. (1),
and ''the Administrator'' for ''he'' before ''shall publish'' in last
sentence.
Subsec. (c)(1). Pub. L. 102-237, 1006(b)(1), (2), substituted ''the
Administrator'' for ''he'' before ''may'' and ''the Administrator's''
for ''his'' before ''intention''.
Subsec. (c)(3). Pub. L. 102-237, 1006(b)(1), (3)(D), substituted
''the Administrator'' for ''he'' before ''may'' and ''the
Administrator'' for ''him'' after ''permit''.
Subsec. (d). Pub. L. 102-237, 1006(b)(2), (3)(E), in penultimate
sentence substituted ''the Administrator's'' for ''his'' and ''the
Administrator'' for ''him'' before ''and issue''.
Subsec. (f)(3)(B). Pub. L. 102-237, 1006(a)(5), substituted ''adverse
effect'' for ''adverse affect''.
1990 -- Subsec. (f)(1). Pub. L. 101-624, 1494(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''A
registrant at any time may request that any of its pesticide
registrations be canceled or be amended to delete one or more uses.
Before acting on such request, the Administrator shall publish in the
Federal Register a notice of the receipt of the request. Thereafter,
the Administrator may approve such a request.''
Subsec. (f)(3). Pub. L. 101-624, 1494(2), added par. (3).
1988 -- Subsec. (a)(1). Pub. L. 100-532, 801(e)(1), substituted
''effect. The Administrator'' for ''effect: Provided, That the
Administrator''.
Subsec. (c). Pub. L. 100-532, 801(e)(2)-(4), in par. (1) directed
that undesignated paragraph beginning ''Except as provided'' be run into
sentence ending ''of the pesticide.'' and substituted ''before the
Administrator'' for ''before the Agency'', in par. (2) substituted
''submitted to the Administrator'' for ''submitted to the Agency'' and
''and the Administrator'' for ''and the Agency'', and in par. (3)
substituted ''(A)'' for ''(i)'', ''and the Administrator'' for ''and the
Agency'', and ''(B)'' for ''(ii)''.
Subsec. (e). Pub. L. 100-532, 801(e)(5), (6), in par. (1),
substituted ''met. The Administrator'' for ''met: Provided, That the
Administrator'', and in par. (2), substituted ''section. The only''
for ''section: Provided, That the only''.
Subsec. (f). Pub. L. 100-532, 201, added subsec. (f). Former subsec.
(f) redesignated (h).
Subsec. (f)(2). Pub. L. 100-532, 801(q)(2)(B), made a technical
amendment to the reference to section 136a-1 of this title to reflect
the renumbering of the corresponding section of the original act.
Subsec. (g). Pub. L. 100-532, 404, added subsec. (g).
Subsec. (h). Pub. L. 100-532, 201, redesignated former subsec. (f) as
(h).
1984 -- Subsec. (c)(4). Pub. L. 98-620 struck out provisions
requiring petitions to review orders on the issue of suspension to be
advanced on the docket of the court of appeals.
1978 -- Subsec. (b). Pub. L. 95-396, 11, required the Administrator,
in taking any final action under subsec. (b), to consider restricting a
pesticide's use or uses as an alternative to cancellation and to fully
explain the reasons for the restrictions.
Subsec. (c)(2). Pub. L. 95-251 substituted ''administrative law
judge'' for ''hearing examiner''.
Subsecs. (e), (f). Pub. L. 95-396, 12, added subsec. (e) and
redesignated former subsec. (e) as (f).
1975 -- Subsec. (b). Pub. L. 94-140 established criteria which
Administrator must use in determining the issuance of a suspension of
registration notice and the time periods relating to such notice, set
forth required procedures to be followed by Administrator prior to
publication of such notice, required procedures when the Secretary
elects to comment or fails to comment on suspension notice, waiver or
modification of time periods in specified required procedures, required
procedures for waiver of notice and consent by Secretary for suspension
of registration, and established criteria for Secretary taking any final
action.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136e. Registration of establishments
TITLE 7 -- AGRICULTURE
(a) Requirement
No person shall produce any pesticide subject to this subchapter or
active ingredient used in producing a pesticide subject to this
subchapter in any State unless the establishment in which it is 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 application under subsection
(a) of this section, the Administrator 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 and, if applicable,
active ingredients used in producing pesticides --
(A) which the producer is currently producing;
(B) which the producer has produced during the past year; and
(C) which the producer 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 required under such
regulations as the Administrator may prescribe.
(2) Any such producer shall, upon the request of the Administrator
for the purpose of issuing a stop sale order pursuant to section 136k of
this title, inform the Administrator of the name and address of any
recipient of any pesticide produced in any registered establishment
which the producer operates.
(d) Confidential records and information
Any information submitted to the Administrator pursuant to subsection
(c) of this section other than the names of the pesticides or active
ingredients used in producing pesticides produced, sold, or distributed
at an establishment shall be considered confidential and shall be
subject to the provisions of section 136h of this title.
(June 25, 1947, ch. 125, 7, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 987, and amended Sept. 30, 1978, Pub. L. 95-396, 13, 92
Stat. 829; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), (3)(
F), (G), 105 Stat. 1895, 1896.)
A prior section 7 of act June 25, 1947, was classified to section
135e of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (b). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''shall''.
Subsec. (c)(1)(A) to (C). Pub. L. 102-237, 1006(b)(3)(F),
substituted ''the producer'' for ''he''.
Subsec. (c)(2). Pub. L. 102-237, 1006(b)(3)(G), substituted ''the
Administrator'' for ''him'' after ''inform'' and ''the producer'' for
''he''.
1978 -- Subsec. (a). Pub. L. 95-396, 13(1), made requirement of
registration applicable to production of active ingredient used in
producing a pesticide subject to this subchapter.
Subsec. (c)(1). Pub. L. 95-396, 13(2), required information
pertaining to types and amounts of active ingredients used in producing
pesticides where applicable.
Subsec. (d). Pub. L. 95-396, 13(3), considered names of pesticides or
active ingredients used in producing pesticides produced, sold, or
distributed at an establishment as not being confidential information.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136f. Books and records
TITLE 7 -- AGRICULTURE
(a) Requirements
The Administrator may prescribe regulations requiring producers,
registrants, and applicants for registration to maintain such records
with respect to their operations and the pesticides and devices produced
as the Administrator determines are necessary for the effective
enforcement of this subchapter and to make the records available for
inspection and copying in the same manner as provided in subsection (b)
of this section. 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 subchapter, 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 subchapter, 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
information, all other records and information relating to such
delivery, movement, or holding of the pesticide or device. Any
inspection with respect to any records and information referred to in
this subsection shall not 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). 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 reasonable promptness.
(June 25, 1947, ch. 125, 8, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 987, and amended Sept. 30, 1978, Pub. L. 95-396, 14, 92
Stat. 829; Oct. 25, 1988, Pub. L. 100-532, title III, 301, 102 Stat.
2668; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), 105 Stat.
1895.)
A prior section 8 of act June 25, 1947, was classified to section
135f of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (a). Pub. L. 102-237 substituted ''the
Administrator'' for ''he'' before ''determines''.
1988 -- Subsec. (a). Pub. L. 100-532 inserted '', registrants, and
applicants for registration'' after ''requiring producers'' and ''and to
make the records available for inspection and copying in the same manner
as provided in subsection (b) of this section'' before period at end of
first sentence.
1978 -- Subsec. (b). Pub. L. 95-396 required, in connection with
inspection of records and information, the presentation of credentials,
written statement as to the reason for inspection, including statement
of suspected violation, or an alternative but sufficient reason, and
commencement and completion of inspection with reasonable promptness.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136g. Inspection of establishments, etc.
TITLE 7 -- AGRICULTURE
(a) In general
(1) For purposes of enforcing the provisions of this subchapter,
officers or employees of the Environmental Protection Agency or of any
State duly designated by the Administrator are authorized to enter at
reasonable times (A) 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, or (B) any place where there is
being held any pesticide the registration of which has been suspended or
canceled for the purpose of determining compliance with section 136q of
this title.
(2) 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 sufficient 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, the officer or employee 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 subchapter and upon
a showing to an officer or court of competent jurisdiction that there is
reason to believe that the provisions of this subchapter have been
violated, officers or employees duly designated by the Administrator are
empowered to obtain and to execute warrants authorizing --
(1) entry, inspection, and copying of records for purposes of this
section or section 136f of this title;
(2) inspection and reproduction of all records showing the quantity,
date of shipment, and the name of consignor and consignee of any
pesticide or device found in the establishment which is adulterated,
misbranded, not registered (in the case of a pesticide) or otherwise in
violation of this subchapter and in the 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 subchapter.
(c) Enforcement
(1) Certification of facts to Attorney General
The examination of pesticides or devices shall be made in the
Environmental 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 subchapter. If it shall
appear from any such examination that they fail to comply with the
requirements of this subchapter, 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 given an opportunity to
present the person's 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 subchapter have
been violated by such person, then the Administrator shall certify the
facts to the 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 136l(b) of this title or a civil
proceeding under section 136l(a) of this title, when the Administrator
determines that such action will be sufficient to effectuate the
purposes of this subchapter.
(2) Notice not required
The notice of contemplated proceedings and opportunity to present
views set forth in this subsection are not prerequisites to the
institution of any proceeding by the Attorney General.
(3) Warning notices
Nothing in this subchapter shall be construed as requiring the
Administrator to institute proceedings for prosecution of minor
violations of this subchapter whenever the Administrator believes that
the public interest will be adequately served by a suitable written
notice of warning.
(June 25, 1947, ch. 125, 9, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 988, and amended Oct. 25, 1988, Pub. L. 100-532, title III,
302, 102 Stat. 2669; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(
1), (3)(H), (I), 105 Stat. 1895, 1896.)
A prior section 9 of act June 25, 1947, was classified to section
135g of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (a)(2). Pub. L. 102-237, 1006(b)(3)(H), substituted
''the officer or employee'' for ''he'' before ''shall'' in fourth
sentence.
Subsec. (c)(1). Pub. L. 102-237, 1006(b)(3)(I), substituted ''the
person's'' for ''his'' in third sentence.
Subsec. (c)(3). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''believes''.
1988 -- Subsec. (a). Pub. L. 100-532, 302(a), substituted ''(1) For
purposes of'' for ''For purposes of'', inserted ''of the Environmental
Protection Agency or of any State'', substituted ''at reasonable times
(A)'' for ''at reasonable times,'', added cl. (B), and substituted
''(2) Before'' for ''Before''.
Subsec. (b)(1). Pub. L. 100-532, 302(b), amended par. (1) generally,
substituting ''entry, inspection, and copying of records for purposes of
this section or section 136f of this title'' for ''entry for the purpose
of this section''.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136h. Protection of trade secrets and other information
TITLE 7 -- AGRICULTURE
(a) In general
In submitting data required by this subchapter, the applicant may (1)
clearly mark any portions thereof which in the applicant's opinion are
trade secrets or commercial or financial information and (2) submit such
market material separately from other material required to be submitted
under this subchapter.
(b) Disclosure
Notwithstanding any other provision of this subchapter and subject to
the limitations in subsections (d) and (e) of this section, the
Administrator shall not make public information which in the
Administrator's judgment 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 subchapter, information relating to formulas of
products acquired by authorization of this subchapter 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 proposes to release for inspection information
which the applicant or registrant believes to be protected from
disclosure under subsection (b) of this section, the Administrator shall
notify the applicant or registrant, in writing, by certified mail. The
Administrator 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) of this section.
(d) Limitations
(1) All information concerning the objectives, methodology, results,
or significance of any test or experiment performed on or with a
registered or previously registered pesticide or its separate
ingredients, impurities, or degradation products, and any information
concerning 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 available for disclosure to
the public. The use of such data for any registration purpose shall be
governed by section 136a of this title. 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 testing, detecting, or
measuring the quantity of any deliberately 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 disclosure 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 necessary in the public interest.
(3) If the Administrator proposes to disclose information described
in clause (A), (B), or (C) of paragraph (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 information.
The Administrator may not release such information, without the
submitter's consent, until thirty days after the submitter has been
furnished such notice. 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 appropriate. During such
period the data submitter may institute an action in an appropriate
district court to enjoin or limit the proposed disclosure. 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 in clause (A), (B), or (C)
of paragraph (1) of this subsection, the proposed disclosure is not
required to protect against an unreasonable risk of injury to health or
the environment; or
(B) in the case of information described in paragraph (2) of this
subsection, the public interest in availability of the information in
the public proceeding 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 satisfactory
performance by the contractor of a contract with the United States for
the performance of work in connection with this subchapter 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 the disclosure of which is prohibited by subsection (b) of this
section, and who, knowing that disclosure of such material is prohibited
by such subsection, willfully 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 shall not apply with respect to the publishing, divulging,
disclosure, or making known of, or making available, information
reported or otherwise obtained under this subchapter. Nothing in this
subchapter 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 authorized 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 pesticide producers
(1) The Administrator shall not knowingly disclose information
submitted by an applicant or registrant under this subchapter to any
employee or agent of any business or other entity engaged in the
production, sale, or 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 Administrator 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 employees. 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 subchapter, 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.
(2) The Administrator shall maintain records of the names of persons
to whom data are disclosed under this subsection 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 shall apply to any affirmation made
under paragraph (1) of this subsection.
(June 25, 1947, ch. 125, 10, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 989, and amended Sept. 30, 1978, Pub. L. 95-396, 15, 92
Stat. 829; Nov. 8, 1984, Pub. L. 98-620, title IV, 402(4)(B), 98 Stat.
3357; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801(f), 102 Stat.
2682; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), (2), (3)(
J), 105 Stat. 1895, 1896.)
A prior section 10 of act June 25, 1947, was classified to section
135h of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (a). Pub. L. 102-237, 1006(b)(3)(J), substituted
''the applicant's'' for ''his''.
Subsec. (b). Pub. L. 102-237, 1006(b)(2), substituted ''the
Administrator's'' for ''his''.
Subsec. (c). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''shall notify''.
1988 -- Subsec. (d). Pub. L. 100-532 in par. (1), substituted
''public. The use'' for ''public: Provided, That the use'' and
''title. This paragraph'' for ''title: Provided further, That this
paragraph'', and in par. (3), ''notice. Where'' for ''notice:
Provided, That where''.
1984 -- Subsec. (d)(3). Pub. L. 98-620 struck out provisions
requiring the court to give expedited consideration to actions involving
injunctions or limitations of proposed disclosure.
1978 -- Subsec. (b). Pub. L. 95-396, 15(1), made disclosure of
information by the Administrator subject to the limitations of subsecs.
(d) and (e) of this section.
Subsecs. (d) to (g). Pub. L. 95-396, 15(2), added subsecs. (d) to
(g).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136i. Use of restricted use pesticides; applicators
TITLE 7 -- AGRICULTURE
(a) Certification procedure
(1) Federal certification
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. Such program 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 competency 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 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 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 distribution of such
pesticide as the Administrator may by regulation prescribe. Subject to
paragraph (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 the pesticides, or to
the use and handling of the pesticide or class of pesticides covered by
such individual's certification. The certification standard for a
private applicator shall, under a State plan submitted for approval, be
deemed fulfilled by the applicator completing a certification form. The
Administrator shall further assure that such form contains adequate
information and affirmations to carry out the intent of this subchapter,
and may include in the form an affirmation that the private applicator
has completed a training program approved by the Administrator so long
as the program does not require the private applicator to take, pursuant
to a requirement prescribed by the Administrator, any examination to
establish competency in the use of the pesticide. The Administrator may
require any pesticide dealer participating in a certification program to
be licensed under a State licensing program approved by the
Administrator.
(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 modification thereof, if such plan in the Administrator's
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 paragraph (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 subsection (a)(
2) of this section, the Administrator shall afford the State submitting
the plan due notice and opportunity for hearing before so doing. If the
Administrator approves a plan submitted under subsection (a)(2) of this
section, then such State shall certify applicators of pesticides with
respect to such State. Whenever the Administrator determines that a
State is not administering the certification program in accordance with
the plan approved under this section, the Administrator shall so notify
the State and provide for a hearing 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.
(c) Instruction in integrated pest management techniques
Standards prescribed by the Administrator for the certification of
applicators of pesticides under subsection (a) of this section, and
State plans submitted to the Administrator under subsection (a) of this
section, shall include provisions for making instructional materials
concerning integrated pest management techniques available to
individuals at their request in accordance with the provisions of
section 136u(c) of this title, but such plans may not require that any
individual receive instruction concerning such techniques or to be shown
to be competent with respect to the use of such techniques. The
Administrator and States implementing such plans shall provide that all
interested individuals are notified on the availability of such
instructional materials.
(d) In general
No regulations prescribed by the Administrator for carrying out the
provisions of this subchapter shall require any private applicator to
maintain any records or file any reports or other documents.
(e) Separate standards
When establishing or approving standards for licensing or
certification, the Administrator shall establish separate standards for
commercial and private applicators.
(June 25, 1947, ch. 125, 11, formerly 4, 11, as added Oct. 21, 1972,
Pub. L. 92-516, 2, 86 Stat. 983, 989, and amended Nov. 28, 1975, Pub.
L. 94-140, 5, 11, 89 Stat. 753, 754; Sept. 30, 1978, Pub. L. 95-396, 9,
92 Stat. 827; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801(c),
(q)(1)(A)-(C), 102 Stat. 2681, 2683; Dec. 13, 1991, Pub. L. 102-237,
title X, 1006(a)(6), (b)(1), (2), (3)(K), 105 Stat. 1895, 1896.)
Pub. L. 100-532, 801(q)(1)(A), transferred subsecs. (a) to (c) of
section 4 of act June 25, 1947, which was classified to section 136b of
this title, to subsecs. (a) to (c) of this section.
A prior section 11 of act June 25, 1947, was classified to section
135i of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Pub. L. 102-237, 1006(a)(6)(A), substituted ''applicators''
for ''appplicators'' in section catchline.
Subsec. (a)(1). Pub. L. 102-237, 1006(b)(3)(K), substituted ''the
applicator'' for ''his'' in ninth sentence and ''the Administrator'' for
''him'' before period at end.
Subsec. (a)(2). Pub. L. 102-237, 1006(b)(2), substituted ''the
Administrator's'' for ''his'' in introductory provisions.
Subsec. (b). Pub. L. 102-237, 1006(a)(6)(B), (b)(1), substituted
''subsection (a)(2) of this section'' for ''this paragraph'' in two
places and ''the Administrator'' for ''he'' before ''shall afford'' and
before ''shall so notify''.
Subsec. (c). Pub. L. 102-237, 1006(a)(6)(C), substituted ''subsection
(a)'' for ''subsections (a) and (b)'' after ''Administrator under''.
1988 -- Pub. L. 100-532, 801(q)(1)(A), (C), substituted section
catchline for one which read: ''Standards applicable to pesticide
applicators'', redesignated subsecs. (a) and (b) as (d) and (e),
respectively, and transferred subsecs. (a) to (c) of section 136b of
this title to subsecs. (a) to (c), respectively, of this section.
Subsec. (a)(1). Pub. L. 100-532, 801(c), substituted ''pesticides.
Such program'' for ''pesticides: Provided, That such program'' and
''certification. The certification'' for ''certification: Provided,
however, That the certification''.
1978 -- Subsec. (a)(1). Pub. L. 95-396 required that, in any State
without a State plan for applicator certification approved by the
Administrator, the Administrator, in consultation with the Governor of
the State, shall conduct a program for the certification of applicators
of pesticides under a Federal plan for applicator certification, and
also that in such a State records be maintained and reports submitted by
persons engaged in commercial application, sale or distribution of
pesticides classified for restricted use.
1975 -- Subsec. (a)(1). Pub. L. 94-140, 5, inserted proviso relating
to Administrator's powers and duties with respect to the certification
forms and requirement for pesticide dealers participating in
certification program.
Subsec. (c). Pub. L. 94-140, 11, added subsec. (c).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136i-1. Pesticide recordkeeping
TITLE 7 -- AGRICULTURE
(a) Requirements
(1) The Secretary of Agriculture, in consultation with the
Administrator of the Environmental Protection Agency, shall require
certified applicators of restricted use pesticides (of the type
described under section 136a(d)(1)(C) of this title) to maintain records
comparable to records maintained by commercial applicators of pesticides
in each State. If there is no State requirement for the maintenance of
records, such applicator shall maintain records that contain the product
name, amount, approximate date of application, and location of
application of each such pesticide used for a 2-year period after such
use.
(2) Within 30 days of a pesticide application, a commercial certified
applicator shall provide a copy of records maintained under paragraph
(1) to the person for whom such application was provided.
(b) Access
Records maintained under subsection (a) of this section shall be made
available to any Federal or State agency that deals with pesticide use
or any health or environmental issue related to the use of pesticides,
on the request of such agency. Each such Federal agency shall conduct
surveys and record the data from individual applicators to facilitate
statistical analysis for environmental and agronomic purposes, but in no
case may a government agency release data, including the location from
which the data was derived, that would directly or indirectly reveal the
identity of individual producers. In the case of Federal agencies, such
access to records maintained under subsection (a) of this section shall
be through the Secretary of Agriculture, or the Secretary's designee.
State agency requests for access to records maintained under subsection
(a) of this section shall be through the lead State agency so designated
by the State.
(c) Health care personnel
When a health professional determines that pesticide information
maintained under this section is necessary to provide medical treatment
or first aid to an individual who may have been exposed to pesticides
for which the information is maintained, upon request persons required
to maintain records under subsection (a) of this section shall promptly
provide record and available label information to that health
professional. In the case of an emergency, such record information
shall be provided immediately.
(d) Penalty
The Secretary of Agriculture shall be responsible for the enforcement
of subsections (a), (b), and (c) of this section. A violation of such
subsection shall --
(1) in the case of the first offense, be subject to a fine of not
more than $500; and
(2) in the case of subsequent offenses, be subject to a fine of not
less than $1,000 for each violation, except that the penalty shall be
less than $1,000 if the Secretary determines that the person made a good
faith effort to comply with such subsection.
(e) Federal or State provisions
The requirements of this section shall not affect provisions of other
Federal or State laws.
(f) Surveys and reports
The Secretary of Agriculture and the Administrator of the
Environmental Protection Agency, shall survey the records maintained
under subsection (a) of this section to develop and maintain a data base
that is sufficient to enable the Secretary and the Administrator to
publish annual comprehensive reports concerning agricultural and
nonagricultural pesticide use. The Secretary and Administrator shall
enter into a memorandum of understanding to define their respective
responsibilities under this subsection in order to avoid duplication of
effort. Such reports shall be transmitted to Congress not later than
April 1 of each year.
(g) Regulations
The Secretary of Agriculture and the Administrator of the
Environmental Protection Agency shall promulgate regulations on their
respective areas of responsibility implementing this section within 180
days after November 28, 1990.
(Pub. L. 101-624, title XIV, 1491, Nov. 28, 1990, 104 Stat. 3627;
Pub. L. 102-237, title X, 1006(d), Dec. 13, 1991, 105 Stat. 1896.)
Section was enacted as part of the Conservation Program Improvements
Act, and also as part of the Food, Agriculture, Conservation, and Trade
Act of 1990, and not as part of the Federal Insecticide, Fungicide, and
Rodenticide Act which comprises this subchapter.
1991 -- Subsec. (a)(1). Pub. L. 102-237, 1006(d)(1), inserted
closing parenthesis after ''section 136a(d)(1)(C) of this title''.
Subsec. (d)(1). Pub. L. 102-237, 1006(d)(2), inserted ''of'' after
''fine''.
07 USC 136j. Unlawful acts
TITLE 7 -- AGRICULTURE
(a) In general
(1) Except as provided by subsection (b) of this section, it shall be
unlawful for any person in any State to distribute or sell to any person
--
(A) any pesticide that is not registered under section 136a of this
title or whose registration has been canceled or suspended, except to
the extent that distribution or sale otherwise has been authorized by
the Administrator under this subchapter;
(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 136a of this title;
(C) any registered pesticide the composition of which differs at the
time of its distribution or sale from its composition as described in
the statement required in connection with its registration under section
136a of this title;
(D) any pesticide which has not been colored or discolored pursuant
to the provisions of section 136w(c)(5) of this title;
(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 subchapter;
(B) to refuse to --
(i) prepare, maintain, or submit any records required by or under
section 136c, 136e, 136f, 136i, or 136q of this title;
(ii) submit any reports required by or under section 136c, 136d,
136e, 136f, 136i, or 136q of this title; or
(iii) allow any entry, inspection, copying of records, or sampling
authorized by this subchapter;
(C) to give a guaranty or undertaking provided for in subsection (b)
of this section which is false in any particular, except that a person
who receives and relies upon a guaranty authorized under subsection (b)
of this section may give a guaranty to the same effect, which guaranty
shall contain, in addition to the person's own name and address, the
name and address of the person residing in the United States from whom
the person received the guaranty or undertaking;
(D) to use for the person's own advantage or to reveal, other than to
the Administrator, or officials or employees of the Environmental
Protection Agency or other Federal executive agencies, or to the courts,
or to physicians, pharmacists, and other qualified persons, needing such
information for the performance of their duties, in accordance with such
directions as the Administrator may prescribe, any information acquired
by authority of this subchapter which is confidential under this
subchapter;
(E) who is a registrant, wholesaler, dealer, retailer, or other
distributor to advertise a product registered under this subchapter for
restricted use without giving the classification of the product assigned
to it under section 136a of this title;
(F) to distribute or sell, or 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 136a(d) of this title and
any regulations thereunder, except 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 certified applicator for application
by a certified applicator;
(G) to use any registered pesticide in a manner inconsistent with its
labeling;
(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 136k of this title;
(J) to violate any suspension order issued under section 136a(c)(2)(
B), 136a-1, or 136d of this title;
(K) to violate any cancellation order issued under this subchapter or
to fail to submit a notice in accordance with section 136d(g) of this
title;
(L) who is a producer to violate any of the provisions of section
136e of this title;
(M) to knowingly falsify all or part of any application for
registration, application for experimental use permit, any information
submitted to the Administrator pursuant to section 136e of this title,
any records required to be maintained pursuant to this subchapter, any
report filed under this subchapter, or any information marked as
confidential and submitted to the Administrator under any provision of
this subchapter;
(N) who is a registrant, wholesaler, dealer, retailer, or other
distributor to fail to file reports required by this subchapter;
(O) to add any substance to, or take any substance from, any
pesticide in a manner that may defeat the purpose of this subchapter;
(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;
(Q) to falsify all or part of any information relating to the testing
of any pesticide (or any ingredient, metabolite, or degradation product
thereof), including the nature of any protocol, procedure, substance,
organism, or equipment used, observation made, or conclusion or opinion
formed, submitted to the Administrator, or that the person knows will be
furnished to the Administrator or will become a part of any records
required to be maintained by this subchapter;
(R) to submit to the Administrator data known to be false in support
of a registration; or
(S) to violate any regulation issued under section 136a(a) or 136q of
this title.
(b) Exemptions
The penalties provided for a violation of paragraph (1) of subsection
(a) of this section 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 the person 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 the person,
and that it complies with the other requirements of this subchapter, 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 subchapter;
(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 the
official duties of the public official;
(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 substances 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.
(June 25, 1947, ch. 125, 12, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 989, and amended Sept. 30, 1978, Pub. L. 95-396, 16, 92
Stat. 832; Oct. 25, 1988, Pub. L. 100-532, title VI, 601(b)( 2), 603,
title VIII, 801(g), (q)(2)(B), 102 Stat. 2677, 2678, 2682, 2683; Dec.
13, 1991, Pub. L. 102-237, title X, 1006(a)(7), (b)(3)( L)-(O), 105
Stat. 1895, 1896.)
A prior section 12 of act June 25, 1947, was classified to section
135j of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1991 -- Subsec. (a)(2)(C). Pub. L. 102-237, 1006(b)(3)(L),
substituted ''the person's'' for ''his'' and ''the person'' for ''he''
before ''received''.
Subsec. (a)(2)(D). Pub. L. 102-237, 1006(b)(3)(M), substituted ''the
person's'' for ''his''.
Subsec. (a)(2)(F). Pub. L. 102-237, 1006(a)(7)(A), substituted
''thereunder, except that it'' for ''thereunder. It''.
Subsec. (a)(2)(O). Pub. L. 102-237, 1006(a)(7)(B), struck out ''or''
after semicolon at end.
Subsec. (a)(2)(P). Pub. L. 102-237, 1006(a)(7)(C), substituted a
semicolon for period at end.
Subsec. (b)(1). Pub. L. 102-237, 1006(b)(3)(N), substituted ''the
person'' for ''he'' after ''from whom'' and for ''him'' after ''delivery
to''.
Subsec. (b)(3). Pub. L. 102-237, 1006(b)(3)(O), substituted ''the
official duties of the public official'' for ''his official duties''.
1988 -- Subsec. (a)(1). Pub. L. 100-532, 601(b)(2)(A), in
introductory provisions, substituted ''distribute or sell to any
person'' for ''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''.
Subsec. (a)(1)(A). Pub. L. 100-532, 603(1), added subpar. (A) and
struck out former subpar. (A) which read as follows: ''any pesticide
which is not registered under section 136a of this title, except as
provided by section 136d(a)(1) of this title;''.
Subsec. (a)(2)(B). Pub. L. 100-532, 603(2)(A), added subpar. (B) and
struck out former subpar. (B) which read as follows: ''to refuse to
keep any records required pursuant to section 136f of this title, or to
refuse to allow inspection of any records or establishment pursuant to
section 136f or 136g of this title, or to refuse to allow an officer or
employee of the Environmental Protection Agency to take a sample of any
pesticide pursuant to section 136g of this title;''.
Subsec. (a)(2)(F). Pub. L. 100-532, 601(b)(2)(B), 801(g), substituted
''to distribute or sell, or to make'' for ''to make'' and ''thereunder,
It'' for ''thereunder: Provided, That it''.
Subsec. (a)(2)(J). Pub. L. 100-532, 801(q)(2)(B), made a technical
amendment to the reference to section 136a-1 of this title to reflect
the renumbering of the corresponding section of the original act.
Pub. L. 100-532, 603(2)(B), added subpar. (J) and struck out former
subpar. (J) which read as follows: ''to violate any suspension order
issued under section 136d of this title;''.
Subsec. (a)(2)(K). Pub. L. 100-532, 603(2)(B), added subpar. (K) and
struck out former subpar. (K) which read as follows: ''to violate any
cancellation of registration of a pesticide under section 136d of this
title, except as provided by section 136d(a)(1) of this title;''.
Subsec. (a)(2)(M). Pub. L. 100-532, 603(2)(C), substituted ''this
subchapter'' for ''section 136f of this title''.
Subsec. (a)(2)(Q), (R), (S). Pub. L. 100-532, 603(2)(D), added
subpars. (Q), (R), and (S).
1978 -- Subsec. (a)(2)(F). Pub. L. 95-396 inserted proviso exempting
from prohibition the sale, under regulations issued by the
Administrator, of a restricted use pesticide to a person who is not a
certified applicator for application by a certified applicator.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136k. Stop sale, use, removal, and seizure
TITLE 7 -- AGRICULTURE
(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 subchapter, or that such pesticide or device has been or is
intended to be distributed or sold in violation of any such provisions,
or when the registration of the pesticide has been canceled by a final
order or has been suspended, the Administrator may issue a written or
printed ''stop sale, use, or removal'' order 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 remove the pesticide or
device described in the order except in accordance 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 section 136a
of this title;
(C) its labeling fails to bear the information required by this
subchapter;
(D) it is not colored or discolored and such coloring or discoloring
is required under this subchapter; 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 subchapter 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 may 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 subchapter or the laws of the
jurisdiction in which it is sold. On 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
subchapter 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 proceedings of such condemnation cases shall conform, 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.
(June 25, 1947, ch. 125, 13, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 991, and amended Oct. 25, 1988, Pub. L. 100-532, title VIII,
801(h), 102 Stat. 2682.)
A prior section 13 of act June 25, 1947, was classified to section
135k of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
1988 -- Subsec. (b). Pub. L. 100-532, 801(h)(1), directed that
sentence beginning ''In the case of'' be moved from par. (3) and become
a full measure sentence after par. (3).
Subsec. (c). Pub. L. 100-532, 801(h)(2), substituted ''sold. On'' for
''sold: Provided, That upon''.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136l. Penalties
TITLE 7 -- AGRICULTURE
(a) Civil penalties
(1) In general
Any registrant, commercial applicator, wholesaler, dealer, retailer,
or other distributor who violates any provision of this subchapter may
be assessed a civil penalty by the Administrator of not more than $5,000
for each offense.
(2) Private applicator
Any private applicator or other person not included in paragraph (1)
who violates any provision of this subchapter 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, except that any applicator not
included under paragraph (1) of this subsection who holds or applies
registered pesticides, or uses dilutions of registered pesticides, only
to provide a service of controlling pests without delivering any
unapplied pesticide to any person so served, and who violates any
provision of this subchapter 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.
(3) Hearing
No civil penalty shall be assessed unless the person charged 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.
(4) Determination of penalty
In determining the amount of the penalty, the Administrator shall
consider the appropriateness 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.
(5) 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 Attorney General, who shall recover such amount by action in the
appropriate United States district court.
(b) Criminal penalties
(1) In general
(A) Any registrant, applicant for a registration, or producer who
knowingly violates any provision of this subchapter shall be fined not
more than $50,000 or imprisoned for not more than 1 year, or both.
(B) Any commercial applicator of a restricted use pesticide, or any
other person not described in subparagraph (A) who distributes or sells
pesticides or devices, who knowingly violates any provision of this
subchapter shall be fined not more than $25,000 or imprisoned for not
more than 1 year, or both.
(2) Private applicator
Any private applicator or other person not included in paragraph (1)
who knowingly violates any provision of this subchapter 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
136a of this title, shall be fined not more than $10,000, or imprisoned
for not more than three years, or both.
(4) Acts of officers, agents, etc.
When construing and enforcing the provisions of this subchapter, 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.
(June 25, 1947, ch. 125, 14, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 992, and amended Sept. 30, 1978, Pub. L. 95-396, 17, 92
Stat. 832; Oct. 25, 1988, Pub. L. 100-532, title VI, 604, 102 Stat.
2678; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(a)(8), 105 Stat.
1895.)
1991 -- Subsec. (a)(2). Pub. L. 102-237 substituted '', except
that'' for '': Provided, That'' and ''uses'' for ''use''.
1988 -- Subsec. (b)(1). Pub. L. 100-532 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''Any registrant,
commercial applicator, wholesaler, dealer, retailer, or other
distributor who knowingly violates any provision of this subchapter
shall be guilty of a misdemeanor and shall on conviction be fined not
more than $25,000, or imprisoned for not more than one year, or both.''
1978 -- Subsec. (a)(2). Pub. L. 95-396, 17(1), authorized assessment
of a civil penalty of not more than $500 for a first offense and not
more than $1,000 for each subsequent offense against any applicator
providing a service of controlling pests for violations of this
subchapter.
Subsec. (a)(3). Pub. L. 95-396, 17(2), struck out provision
respecting certain considerations when determining amount of penalty,
now covered in par. (4).
Subsec. (a)(4). Pub. L. 95-396, 17(4), reenacted second sentence of
par. (3) as par. (4) and authorized Administrator to issue a warning
in lieu of assessing a penalty. Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 95-396, 17(3), redesignated former par. (4)
as (5).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136m. Indemnities
TITLE 7 -- AGRICULTURE
(a) General indemnification
(1) In general
Except as otherwise provided in this section, if --
(A) the Administrator notifies a registrant under section 136d(c)(1)
of this title that the Administrator intends to suspend a registration
or that an emergency order of suspension of a registration under section
136d(c)(3) of this title has been issued;
(B) the registration in question is suspended under section 136d(c)
of this title, and thereafter is canceled under section 136d(b), 136d(
d), or 136d(f) of this title; and
(C) any person who owned any quantity of the pesticide immediately
before the notice to the registrant under subparagraph (A) suffered
losses by reason of suspension or cancellation of the registration;
the Administrator shall make an indemnity payment to the person.
(2) Exception
Paragraph (1) shall not apply if the Administrator finds that the
person --
(A) had knowledge of facts that, in themselves, would have shown that
the pesticide did not meet the requirements of section 136a(c)(5) of
this title for registration; and
(B) continued thereafter to produce the pesticide without giving
timely notice of such facts to the Administrator.
(3) Report
If the Administrator takes an action under paragraph (1) that
requires the payment of indemnification, the Administrator shall report
to the Committee on Agriculture of the House of Representatives, the
Committee on Agriculture, Nutrition, and Forestry of the Senate, and the
Committees on Appropriations of the House of Representatives and the
Senate on --
(A) the action taken that requires the payment of indemnification;
(B) the reasons for taking the action;
(C) the estimated cost of the payment; and
(D) a request for the appropriation of funds for the payment.
(4) Appropriation
The Administrator may not make a payment of indemnification under
paragraph (1) unless a specific line item appropriation of funds has
been made in advance for the payment.
(b) Indemnification of end users, dealers, and distributors
(1) End users
If --
(A) the Administrator notifies a registrant under section 136d(c)(1)
of this title that the Administrator intends to suspend a registration
or that an emergency order of suspension of a registration under section
136d(c)(3) of this title has been issued;
(B) the registration in question is suspended under section 136d(c)
of this title, and thereafter is canceled under section 136d(b), 136d(
d), or 136d(f) of this title; and
(C) any person who, immediately before the notice to the registrant
under subparagraph (A), owned any quantity of the pesticide for purposes
of applying or using the pesticide as an end user, rather than for
purposes of distributing or selling it or further processing it for
distribution or sale, suffered a loss by reason of the suspension or
cancellation of the pesticide;
the person shall be entitled to an indemnity payment under this
subsection for such quantity of the pesticide.
(2) Dealers and distributors
(A) Any registrant, wholesaler, dealer, or other distributor
(hereinafter in this paragraph referred to as a ''seller'') of a
registered pesticide who distributes or sells the pesticide directly to
any person not described as an end user in paragraph (1)(C) shall, with
respect to any quantity of the pesticide that such person cannot use or
resell as a result of the suspension or cancellation of the pesticide,
reimburse such person for the cost of first acquiring the pesticide from
the seller (other than the cost of transportation, if any), unless the
seller provided to the person at the time of distribution or sale a
notice, in writing, that the pesticide is not subject to reimbursement
by the seller.
(B) If --
(i) the Administrator notifies a registrant under section 136d(c)(1)
of this title that the Administrator intends to suspend a registration
or that an emergency order of suspension of a registration under section
136d(c)(3) of this title has been issued;
(ii) the registration in question is suspended under section 136d(c)
of this title, and thereafter is canceled under section 136d(b), 136d(
d), or 136d(f) of this title;
(iii) any person who, immediately before the notice to the registrant
under clause (i) --
(I) had not been notified in writing by the seller, as provided under
subparagraph (A), that any quantity of the pesticide owned by such
person is not subject to reimbursement by the seller in the event of
suspension or cancellation of the pesticide; and
(II) owned any quantity of the pesticide for purposes of --
(aa) distributing or selling it; or
(bb) further processing it for distribution or sale directly to an
end user;
suffered a loss by reason of the suspension or cancellation of the
pesticide; and
(iv) the Administrator determines on the basis of a claim of loss
submitted to the Administrator by the person, that the seller --
(I) did not provide the notice specified in subparagraph (A) to such
person; and
(II) is and will continue to be unable to provide reimbursement to
such person, as provided under subparagraph (A), for the loss referred
to in clause (iii), as a result of the insolvency or bankruptcy of the
seller and the seller's resulting inability to provide such
reimbursement;
the person shall be entitled to an indemnity payment under this
subsection for such quantity of the pesticide.
(C) If an indemnity payment is made by the United States under this
paragraph, the United States shall be subrogated to any right that would
otherwise be held under this paragraph by a seller who is unable to make
a reimbursement in accordance with this paragraph with regard to
reimbursements that otherwise would have been made by the seller.
(3) Source
Any payment required to be made under paragraph (1) or (2) shall be
made from the appropriation provided under section 1304 of title 31.
(4) Administrative settlement
An administrative settlement of a claim for such indemnity may be
made in accordance with the third paragraph of section 2414 of title 28
and shall be regarded as if it were made under that section for purposes
of section 1304 of title 31.
(c) Amount of payment
(1) In general
The amount of an indemnity payment under subsection (a) or (b) of
this section to any person shall be determined on the basis of the cost
of the pesticide owned by the person (other than the cost of
transportation, if any) immediately before the issuance of the notice to
the registrant referred to in subsection (a)(1)(A), (b)(1)(A), or
(b)(2)(B)(i) of this section, except that in no event shall an indemnity
payment to any person exceed the fair market value of the pesticide
owned by the person immediately before the issuance of the notice.
(2) Special rule
Notwithstanding any other provision of this subchapter, the
Administrator may provide a reasonable time for use or other disposal of
the pesticide. In determining the quantity of any pesticide for which
indemnity shall be paid under this section, proper adjustment shall be
made for any pesticide used or otherwise disposed of by the owner.
(June 25, 1947, ch. 125, 15, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 993, and amended Oct. 25, 1988, Pub. L. 100-532, title V,
501(a), 102 Stat. 2674.)
1988 -- Pub. L. 100-532 amended section generally, in subsec. (a),
substituting provisions relating to general indemnification for
provisions relating to requirements for payment, adding subsec. (b),
and redesignating provisions of former subsec. (b), with further
amendment, as subsec. (c).
Section 501(a) of Pub. L. 100-532 provided that amendment made by
Pub. L. 100-532 is effective 180 days after Oct. 25, 1988.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
Section 501(b) of Pub. L. 100-532 provided that:
''(1) Source. -- Any obligation of the Administrator to pay an
indemnity arising under section 15 (this section), as it existed prior
to the effective date of the amendment made by this section (see
Effective Date of 1988 Amendment note above), shall be made from the
appropriation provided under section 1304 of title 31, United States
Code.
''(2) Administrative settlement. -- An administrative settlement of a
claim for such indemnity may be made in accordance with the third
paragraph of section 2414 of title 28, United States Code, and shall be
regarded as if it were made under that section for purposes of section
1304 of title 31, United States Code.''
07 USC 136n. Administrative procedure; judicial review
TITLE 7 -- AGRICULTURE
(a) District court review
Except as otherwise provided in this subchapter, the refusal of the
Administrator to cancel or suspend a registration or to change a
classification not following a hearing and other final actions of the
Administrator not committed to the discretion of the Administrator by
law are judicially reviewable by the district courts of the United
States.
(b) Review by court of appeals
In the case of actual controversy 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 the
Administrator for that purpose, and thereupon the Administrator shall
file in the court the record of the proceedings on which the
Administrator based the Administrator's order, as provided in section
2112 of title 28. Upon the filing of such petition the court shall have
exclusive jurisdiction 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 United States upon certiorari or certification as
provided in section 1254 of title 28. 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.
(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
subchapter.
(d) Notice of judgments
The Administrator shall, by publication in such manner as the
Administrator may prescribe, give notice of all judgments entered in
actions instituted under the authority of this subchapter.
(June 25, 1947, ch. 125, 16, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 994, and amended Nov. 8, 1984, Pub. L. 98-620, title IV,
402(4)(C), 98 Stat. 3357; Oct. 25, 1988, Pub. L. 100-532, title VIII,
801(i), 102 Stat. 2682; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(
b)(1), (2), (3)(P), 105 Stat. 1895, 1896.)
1991 -- Subsec. (b). Pub. L. 102-237, 1006(b)(1), (2), (3)(P),
substituted ''the Administrator'' for ''he'' before ''based'', ''the
Administrator's'' for ''his'', and ''the Administrator'' for ''him''
after ''designated by''.
Subsec. (d). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''may''.
1988 -- Subsec. (a). Pub. L. 100-532 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''Except as is
otherwise provided in this subchapter, 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.''
1984 -- Subsec. (b). Pub. L. 98-620 struck out provisions requiring
the court to advance on the docket and expedite the disposition of all
cases filed pursuant to this section.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136o. Imports and exports
TITLE 7 -- AGRICULTURE
(a) Pesticides and devices intended for export
Notwithstanding any other provision of this subchapter, 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 subchapter --
(1) when prepared or packed according to the specifications or
directions of the foreign purchaser, except that producers of such
pesticides and devices and active ingredients used in producing
pesticides shall be subject to sections 136(p), (q)(1)(A), (C), (D),
(E), (G), and (H), 136(q)(2)(A), (B), (C)(i) and (iii), and (D), 136e,
and 136f of this title; and
(2) in the case of any pesticide other than a pesticide registered
under section 136a or sold under section 136d(a)(1) of this title, if,
prior to export, the foreign purchaser has signed 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 subchapter.
A copy of that statement shall be transmitted to an appropriate
official of the government of the importing country.
(b) Cancellation notices furnished to foreign governments
Whenever a registration, or a cancellation or suspension of the
registration of a pesticide becomes effective, or ceases to be
effective, the Administrator shall transmit through the State Department
notification thereof to the governments of other countries and to
appropriate international agencies. Such notification shall, upon
request, include all information related to the cancellation or
suspension of the registration of the pesticide and information
concerning other pesticides that are registered under section 136a of
this title and that could be used in lieu of such pesticide.
(c) Importation of pesticides and devices
The Secretary of the Treasury shall notify the Administrator of the
arrival of pesticides and devices and shall deliver to the
Administrator, upon the Administrator's 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 violated the provisions set forth in this subchapter, or is
otherwise injurious to health or the environment, 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. The
Secretary of the Treasury may deliver to the consignee such pesticide or
device pending 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, when 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. All charges for storage, cartage, 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 Administrator 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 Secretary of the Treasury, in consultation with the
Administrator, shall prescribe regulations for the enforcement of
subsection (c) of this section.
(June 25, 1947, ch. 125, 17, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 995, and amended Sept. 30, 1978, Pub. L. 95-396, 18(a), 92
Stat. 833; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801(j), 102
Stat. 2682; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(a)(9), (b)(
2), 105 Stat. 1895.)
1991 -- Subsec. (a). Pub. L. 102-237, 1006(a)(9), removed last
sentence from par. (2) and placed it as a full measure sentence under
par. (2).
Subsec. (c). Pub. L. 102-237, 1006(b)(2), substituted ''the
Administrator's'' for ''his''.
1988 -- Subsec. (c). Pub. L. 100-532 substituted ''prescribe. The
Secretary'' for ''prescribe: Provided, That the Secretary'' and ''bond.
All'' for ''bond: And provided further, That all''.
1978 -- Subsec. (a). Pub. L. 95-396, 18(a)(1), amended subsec. (a)
generally.
Subsec. (b). Pub. L. 95-396, 18(a)(2), inserted sentence at end
relating to information to be included in notification.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Section 18(b) of Pub. L. 95-396 provided that: ''The amendment made
by subsection (a)(1) of this section (amending this section) shall
become effective one hundred and eighty days after the date of enactment
of this Act (Sept. 30, 1978).''
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136p. Exemption of Federal and State agencies
TITLE 7 -- AGRICULTURE
The Administrator may, at the Administrator's discretion, exempt any
Federal or State agency from any provision of this subchapter if the
Administrator determines that emergency conditions exist which require
such exemption. The Administrator, in determining whether or not such
emergency conditions exist, shall consult with the Secretary of
Agriculture and the Governor of any State concerned if they request such
determination.
(June 25, 1947, ch. 125, 18, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 995, and amended Nov. 28, 1975, Pub. L. 94-140, 8, 89 Stat.
754; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801(k), 102 Stat.
2682; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), (2), 105
Stat. 1895.)
1991 -- Pub. L. 102-237 substituted ''the Administrator'' for ''he''
before ''determines'' and ''the Administrator's'' for ''his''.
1988 -- Pub. L. 100-532 substituted ''and'' for ''or'' in section
catchline, and directed that sentence beginning ''The Administrator,
in'' be run in after first sentence beginning ''The Administrator may''.
1975 -- Pub. L. 94-140 inserted provision requiring Administrator to
consult with Secretary of Agriculture and Governor of State concerned in
determining whether an emergency situation exists.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136q. Storage, disposal, transportation, and recall
TITLE 7 -- AGRICULTURE
(a) Storage, disposal, and transportation
(1) Data requirements and registration of pesticides
The Administrator may require under section 136a or 136d of this
title that --
(A) the registrant or applicant for registration of a pesticide
submit or cite data or information regarding methods for the safe
storage and disposal of excess quantities of the pesticide to support
the registration or continued registration of a pesticide;
(B) the labeling of a pesticide contain requirements and procedures
for the transportation, storage, and disposal of the pesticide, any
container of the pesticide, any rinsate containing the pesticide, or any
other material used to contain or collect excess or spilled quantities
of the pesticide; and
(C) the registrant of a pesticide provide evidence of sufficient
financial and other resources to carry out a recall plan under
subsection (b) of this section, and provide for the disposition of the
pesticide, in the event of suspension and cancellation of the pesticide.
(2) Pesticides
The Administrator may by regulation, or as part of an order issued
under section 136d of this title or an amendment to such an order --
(A) issue requirements and procedures to be followed by any person
who stores or transports a pesticide the registration of which has been
suspended or canceled;
(B) issue requirements and procedures to be followed by any person
who disposes of stocks of a pesticide the registration of which has been
suspended; and
(C) issue requirements and procedures for the disposal of any
pesticide the registration of which has been canceled.
(3) Containers, rinsates, and other materials
The Administrator may by regulation, or as part of an order issued
under section 136d of this title or an amendment to such an order --
(A) issue requirements and procedures to be followed by any person
who stores or transports any container of a pesticide the registration
of which has been suspended or canceled, any rinsate containing the
pesticide, or any other material used to contain or collect excess or
spilled quantities of the pesticide;
(B) issue requirements and procedures to be followed by any person
who disposes of stocks of any container of a pesticide the registration
of which has been suspended, any rinsate containing the pesticide, or
any other material used to contain or collect excess or spilled
quantities of the pesticide; and
(C) issue requirements and procedures for the disposal of any
container of a pesticide the registration of which has been canceled,
any rinsate containing the pesticide, or any other material used to
contain or collect excess or spilled quantities of the pesticide.
(b) Recalls
(1) In general
If the registration of a pesticide has been suspended and canceled
under section 136d of this title, and if the Administrator finds that
recall of the pesticide is necessary to protect health or the
environment, the Administrator shall order a recall of the pesticide in
accordance with this subsection.
(2) Voluntary recall
If, after determining under paragraph (1) that a recall is necessary,
the Administrator finds that voluntary recall by the registrant and
others in the chain of distribution may be as safe and effective as a
mandatory recall, the Administrator shall request the registrant of the
pesticide to submit, within 60 days of the request, a plan for the
voluntary recall of the pesticide. If such a plan is requested and
submitted, the Administrator shall approve the plan and order the
registrant to conduct the recall in accordance with the plan unless the
Administrator determines, after an informal hearing, that the plan is
inadequate to protect health or the environment.
(3) Mandatory recall
If, after determining under paragraph (1) that a recall is necessary,
the Administrator does not request the submission of a plan under
paragraph (2) or finds such a plan to be inadequate, the Administrator
shall issue a regulation that prescribes a plan for the recall of the
pesticide. A regulation issued under this paragraph may apply to any
person who is or was a registrant, distributor, or seller of the
pesticide, or any successor in interest to such a person.
(4) Recall procedure
A regulation issued under this subsection may require any person that
is subject to the regulation to --
(A) arrange to make available one or more storage facilities to
receive and store the pesticide to which the recall program applies, and
inform the Administrator of the location of each such facility;
(B) accept and store at such a facility those existing stocks of such
pesticide that are tendered by any other person who obtained the
pesticide directly or indirectly from the person that is subject to such
regulation;
(C) on the request of a person making such a tender, provide for
proper transportation of the pesticide to a storage facility; and
(D) take such reasonable steps as the regulation may prescribe to
inform persons who may be holders of the pesticide of the terms of the
recall regulation and how those persons may tender the pesticide and
arrange for transportation of the pesticide to a storage facility.
(5) Contents of recall plan
A recall plan established under this subsection shall include --
(A) the level in the distribution chain to which the recall is to
extend, and a schedule for recall; and
(B) the means to be used to verify the effectiveness of the recall.
(6) Requirements or procedures
No requirement or procedure imposed in accordance with paragraph (2)
of subsection (a) of this section may require the recall of existing
stocks of the pesticide except as provided by this subsection.
(c) Storage costs
(1) Submission of plan
A registrant who wishes to become eligible for reimbursement of
storage costs incurred as a result of a recall prescribed under
subsection (b) of this section for a pesticide whose registration has
been suspended and canceled shall, as soon as practicable after the
suspension of the registration of the pesticide, submit to the
Administrator a plan for the storage and disposal of the pesticide that
meets criteria established by the Administrator by regulation.
(2) Reimbursement
Within a reasonable period of time after such storage costs are
incurred and paid by the registrant, the Administrator shall reimburse
the registrant, on request, for --
(A) none of the costs incurred by the registrant before the date of
submission of the plan referred to in paragraph (1) to the
Administrator;
(B) 100 percent of the costs incurred by the registrant after the
date of submission of the plan to the Administrator or the date of
cancellation of the registration of the pesticide, whichever is later,
but before the approval of the plan by the Administrator;
(C) 50 percent of the costs incurred by the registrant during the
1-year period beginning on the date of the approval of the plan by the
Administrator or the date of cancellation of the registration of the
pesticide, whichever is later;
(D) none of the costs incurred by the registrant during the 3-year
period beginning on the 366th day following approval of the plan by the
Administrator or the date of cancellation of the registration of the
pesticide, whichever is later; and
(E) 25 percent of the costs incurred by the registrant during the
period beginning on the first day of the 5th year following the date of
the approval of the plan by the Administrator or the date of
cancellation of the registration of the pesticide, whichever is later,
and ending on the date that a disposal permit for the pesticide is
issued by a State or an alternative plan for disposal of the pesticide
in accordance with applicable law has been developed.
(d) Administration of storage, disposal, transportation, and recall
programs
(1) Voluntary agreements
Nothing in this section shall be construed as preventing or making
unlawful any agreement between a seller and a buyer of any pesticide or
other substance regarding the ultimate allocation of the costs of
storage, transportation, or disposal of a pesticide.
(2) Rule and regulation review
Section 136w(a)(4) of this title shall not apply to any regulation
issued under subsection (a)(2) or (b) of this section.
(3) Limitations
No registrant shall be responsible under this section for a pesticide
the registration of which is held by another person. No distributor or
seller shall be responsible under this section for a pesticide that the
distributor or seller did not hold or sell.
(4) Seizure and penalties
If the Administrator finds that a person who is subject to a
regulation or order under subsection (a)(2) or (b) of this section has
failed substantially to comply with that regulation or order, the
Administrator may take action under section 136k or 136l of this title
or obtain injunctive relief under section 136n(c) of this title against
such person or any successor in interest of any such person.
(e) Container design
(1) Procedures
(A) Not later than 3 years after the effective date of this
subsection, the Administrator shall, in consultation with the heads of
other interested Federal agencies, promulgate regulations for the design
of pesticide containers that will promote the safe storage and disposal
of pesticides.
(B) The regulations shall ensure, to the fullest extent practicable,
that the containers --
(i) accommodate procedures used for the removal of pesticides from
the containers and the rinsing of the containers;
(ii) facilitate the safe use of the containers, including elimination
of splash and leakage of pesticides from the containers;
(iii) facilitate the safe disposal of the containers; and
(iv) facilitate the safe refill and reuse of the containers.
(2) Compliance
The Administrator shall require compliance with the regulations
referred to in paragraph (1) not later than 5 years after the effective
date of this subsection.
(f) Pesticide residue removal
(1) Procedures
(A) Not later than 3 years after the effective date of this
subsection, the Administrator shall, in consultation with the heads of
other interested Federal agencies, promulgate regulations prescribing
procedures and standards for the removal of pesticides from containers
prior to disposal.
(B) The regulations may --
(i) specify, for each major type of pesticide container, procedures
and standards providing for, at a minimum, triple rinsing or the
equivalent degree of pesticide removal;
(ii) specify procedures that can be implemented promptly and easily
in various circumstances and conditions;
(iii) provide for reuse, whenever practicable, or disposal of rinse
water and residue; and
(iv) be coordinated with requirements for the rinsing of containers
imposed under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(C) The Administrator may, at the discretion of the Administrator,
exempt products intended solely for household use from the requirements
of this subsection.
(2) Compliance
Effective beginning 5 years after the effective date of this
subsection, a State may not exercise primary enforcement responsibility
under section 136w-1 of this title, or certify an applicator under
section 136i of this title, unless the Administrator determines that the
State is carrying out an adequate program to ensure compliance with this
subsection.
(3) Solid Waste Disposal Act
Nothing in this subsection shall affect the authorities or
requirements concerning pesticide containers under the Solid Waste
Disposal Act (42 U.S.C. 6901).
(g) Pesticide container study
(1) Study
(A) The Administrator shall conduct a study of options to encourage
or require --
(i) the return, refill, and reuse of pesticide containers;
(ii) the development and use of pesticide formulations that
facilitate the removal of pesticide residues from containers; and
(iii) the use of bulk storage facilities to reduce the number of
pesticide containers requiring disposal.
(B) In conducting the study, the Administrator shall --
(i) consult with the heads of other interested Federal agencies,
State agencies, industry groups, and environmental organizations; and
(ii) assess the feasibility, costs, and environmental benefits of
encouraging or requiring various measures or actions.
(2) Report
Not later than 2 years after the effective date of this subsection,
the Administrator shall submit to Congress a report describing the
results of the study required under paragraph (1).
(h) Relationship to Solid Waste Disposal Act
Nothing in this section shall diminish the authorities or
requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(June 25, 1947, ch. 125, 19, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 995, and amended Sept. 30, 1978, Pub. L. 95-396, 19, 92
Stat. 833; Oct. 25, 1988, Pub. L. 100-532, title IV,
401-403, title VIII, 801(q)(1)(D), 102 Stat. 2669, 2672, 2683.)
The effective date of this subsection, referred to in subsecs. (e),
(f)(1)(A), (2), and (g)(2), is 60 days after Oct. 25, 1988, the
effective date of Pub. L. 100-532. See Effective Date of 1988 Amendment
note below.
The Solid Waste Disposal Act, referred to in subsecs. (f)(1)(B)(iv),
(3) and (h), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat.
997, as amended generally by Pub. L. 94-580, 2, Oct. 21, 1976, 90 Stat.
2795, which is classified generally to chapter 82 ( 6901 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section 6901 of
Title 42 and Tables.
1988 -- Pub. L. 100-532, 401, amended section generally, in subsec.
(a) substituting provisions which related to storage, disposal, and
transportation, for provisions which directed Secretary to establish
procedures for disposal or storage, in subsec. (b) substituting
provisions which related to recalls, for provisions which directed
Administrator to provide advice to Secretary of Transportation, in
subsec. (c) substituting provisions which related to storage costs, for
provisions which related to disposal of unused quantities, and adding
subsec. (d).
Subsec. (a)(3). Pub. L. 100-532, 402, added par. (3).
Subsecs. (e), (f). Pub. L. 100-532, 403, added subsecs. (e) and
(f).
Subsec. (f)(2). Pub. L. 100-532, 801(q)(1)(D), substituted ''136i''
for ''136b''.
Subsecs. (g), (h). Pub. L. 100-532, 403, added subsecs. (g) and
(h).
1978 -- Subsec. (c). Pub. L. 95-396 added subsec. (c).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136r. Research and monitoring
TITLE 7 -- AGRICULTURE
(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 subchapter, and
the Administrator shall conduct research into integrated pest management
in coordination with the Secretary of Agriculture. The Administrator
shall also take care to ensure that such research does not duplicate
research being undertaken by any other Federal agency.
(b) National monitoring plan
The Administrator shall formulate and periodically revise, in
cooperation with other Federal, State, or local agencies, a national
plan for monitoring pesticides.
(c) Monitoring
The Administrator shall undertake such monitoring activities,
including, but not limited to monitoring in air, soil, water, man,
plants, and animals, as may be necessary for the implementation of this
subchapter and of the national pesticide monitoring plan. The
Administrator shall establish procedures for the monitoring of man and
animals and their environment for incidential /1/ pesticide exposure,
including, but not limited to, the quantification of incidental human
and environmental pesticide pollution and the secular trends thereof,
and identification of the sources of contamination and their
relationship to human and environmental effects. Such activities shall
be carried out in cooperation with other Federal, State, and local
agencies.
(June 25, 1947, ch. 125, 20, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 996, and amended Sept. 30, 1978, Pub. L. 95-396, 20, 92
Stat. 834; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(a)( 10), (b)(
1), 105 Stat. 1895.)
1991 -- Subsec. (a). Pub. L. 102-237 substituted ''ensure'' for
''insure'' and ''the Administrator'' for ''he'' before ''shall
conduct''.
1978 -- Subsec. (a). Pub. L. 95-396, 20(1), substituted in first
sentence ''shall conduct research into integrated pest management in
coordination with the Secretary of Agriculture'' for ''shall give
priority to research to develop biologically integrated alternatives for
pest control''.
Subsec. (c). Pub. L. 95-396, 20(2), inserted provision requiring
establishment of monitoring procedures and the carrying out of the
activities in cooperation with other Federal, State, and local agencies.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
/1/ So in original. Probably should be ''incidental''.
07 USC 136s. Solicitation of comments; notice of public hearings
TITLE 7 -- AGRICULTURE
(a) Secretary of Agriculture
The Administrator, before publishing regulations under this
subchapter, shall solicit the views of the Secretary of Agriculture in
accordance with the procedure described in section 136w(a) of this
title.
(b) Views
In addition to any other authority relating to public hearings and
solicitation of views, in connection with the suspension or cancellation
of a pesticide registration or any other actions authorized under this
subchapter, the Administrator may, at the Administrator's discretion,
solicit the views of all interested persons, either orally or in
writing, and seek such advice from scientists, farmers, farm
organizations, and other qualified persons as the Administrator deems
proper.
(c) Notice
In connection with all public hearings under this subchapter the
Administrator shall publish timely notice of such hearings in the
Federal Register.
(June 25, 1947, ch. 125, 21, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 996, and amended Nov. 28, 1975, Pub. L. 94-140, 2(b), 89
Stat. 752; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801( l), 102
Stat. 2682; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)( 1), (2),
105 Stat. 1895.)
1991 -- Subsec. (b). Pub. L. 102-237 substituted ''the
Administrator'' for ''he'' before ''deems'' and ''the Administrator's''
for ''his''.
1988 -- Pub. L. 100-532, 801(l), inserted headings for subsecs. (a)
to (c).
1975 -- Subsec. (a). Pub. L. 94-140 inserted ''in accordance with
the procedure described in section 136w(a) of this title'' after
''Secretary of Agriculture''.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136t. Delegation and cooperation
TITLE 7 -- AGRICULTURE
(a) Delegation
All authority vested in the Administrator by virtue of the provisions
of this subchapter 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 Department of Agriculture, any
other Federal agency, and any appropriate agency of any State or any
political subdivision thereof, in carrying out the provisions of this
subchapter, and in securing uniformity of regulations.
(June 25, 1947, ch. 125, 22, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 996.)
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136u. State cooperation, aid, and training
TITLE 7 -- AGRICULTURE
(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 subchapter through the use of its
personnel or facilities, to train personnel of the State or Indian tribe
to cooperate in the enforcement of this subchapter, and to assist States
and Indian tribes in implementing cooperative enforcement programs
through grants-in-aid; and
(2) to assist States in developing and administering State programs,
and Indian tribes that enter into cooperative agreements, to train and
certify applicators consistent with the standards the Administrator
prescribes.
Effective with the fiscal year beginning October 1, 1978, there are
authorized to be appropriated annually such funds as may be necessary
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
conducting 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.
(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 subchapter.
(June 25, 1947, ch. 125, 23, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 996, and amended Sept. 30, 1978, Pub. L. 95-396, 21, 92
Stat. 834.)
1978 -- Subsec. (a). Pub. L. 95-396 extended provisions to Indian
tribes, authorized annual appropriation of funds for training and
certification programs, and required proportionate reduction of shares
in the allocation of available funds when appropriations do not cover 50
percent of the annual costs.
Subsec. (b). Pub. L. 95-396 authorized contracts with Indian tribal
agencies.
Subsec. (c). Pub. L. 95-396 substituted ''shall'' for ''may'',
substituted ''use'' for ''utilize'', and ''to inform and educate
pesticide users about accepted uses and other regulations'' for ''for
informing farmers of accepted uses and other regulations''.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136v. Authority of States
TITLE 7 -- AGRICULTURE
(a) In general
A State may regulate the sale or use of any federally registered
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
subchapter.
(b) Uniformity
Such State shall not impose or continue in effect any requirements
for labeling or packaging in addition to or different from those
required under this subchapter.
(c) Additional uses
(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 purposes of this
subchapter 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 136a of this
title for all purposes of this subchapter, 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
Administrator 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 reasons therefor, and provide the State time to
respond. The Administrator shall not prohibit or disapprove a
registration issued by a State under this subsection (A) on the basis of
lack of essentiality of a pesticide 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 (21 U.S.C. 301 et seq.) that permits the
residues of the pesticides on the food or feed. If the Administrator
determines that a registration 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 136w of this title, that a
State is not capable of exercising adequate controls to assure that
State registration under this section will be in accord with the
purposes of this subchapter or has failed to exercise adequate controls,
the Administrator 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 Administrator shall advise the State of the
Administrator's intention to suspend and the reasons therefor and
provide the State time to respond.
(June 25, 1947, ch. 125, 24, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 997, and amended Sept. 30, 1978, Pub. L. 95-396, 22, 92
Stat. 835; Oct. 25, 1988, Pub. L. 100-532, title VIII, 801( m), 102
Stat. 2682.)
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(c)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
which is classified generally to chapter 9 ( 301 et seq.) of Title 21,
Food and Drugs. For complete classification of this Act to the Code,
see section 301 of Title 21 and Tables.
1988 -- Pub. L. 100-532, 801(m), inserted headings for subsecs. (a)
to (c) and realigned margins of pars. (1) to (4) of subsec. (c).
1978 -- Subsec. (a). Pub. L. 95-396 inserted ''federally
registered'' before ''pesticide or device''.
Subsec. (b). Pub. L. 95-396 substituted ''labeling or packaging'' and
''required under'' for ''labeling and packaging'' and ''required
pursuant to'', respectively.
Subsec. (c)(1). Pub. L. 95-396 incorporated existing text in
provisions designated par. (1) and substituted ''registration for
additional uses of federally registered pesticides'' for ''registration
for pesticides''.
Subsec. (c)(2). Pub. L. 95-396 incorporated existing text in
provisions designated par. (2), conditioned disapproval of registration
on communication of intention to disapprove and reasons for disapproval
and provision for time to respond, and restricted authority of
Administrator to prohibit or disapprove a State registration.
Subsec. (c)(3). Pub. L. 95-396 added par. (3).
Subsec. (c)(4). Pub. L. 95-396 incorporated existing text in
provisions designated par. (4) and authorized suspension of
registration authority of the State based on findings of inability or
failure to exercise adequate controls following an indication of
intention to suspend and reasons for the suspension and provision for
time to respond.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136w. Authority of Administrator
TITLE 7 -- AGRICULTURE
(a) In general
(1) Regulations
The Administrator is authorized, in accordance with the procedure
described in paragraph (2), to prescribe regulations to carry out the
provisions of this subchapter. Such regulations shall take into account
the difference in concept and usage between various classes of
pesticides and differences in environmental risk and the appropriate
data for evaluating such risk between agricultural and nonagricultural
pesticides.
(2) Procedure
(A) Proposed regulations
At least 60 days prior to signing any proposed regulation for
publication in the Federal Register, the Administrator shall provide the
Secretary of Agriculture with a copy of such regulation. If the
Secretary comments in writing to the Administrator regarding any such
regulation within 30 days after receiving it, the Administrator shall
publish in the Federal Register (with the proposed regulation) the
comments of the Secretary and the response of the Administrator with
regard to the Secretary's comments. If the Secretary does not comment
in writing to the Administrator regarding the regulation within 30 days
after receiving it, the Administrator may sign such regulation for
publication in the Federal Register any time after such 30-day period
notwithstanding the foregoing 60-day time requirement.
(B) Final regulations
At least 30 days prior to signing any regulation in final form for
publication in the Federal Register, the Administrator shall provide the
Secretary of Agriculture with a copy of such regulation. If the
Secretary comments in writing to the Administrator regarding any such
final regulation within 15 days after receiving it, the Administrator
shall publish in the Federal Register (with the final regulation) the
comments of the Secretary, if requested by the Secretary, and the
response of the Administrator concerning the Secretary's comments. If
the Secretary does not comment in writing to the Administrator regarding
the regulation within 15 days after receiving it, the Administrator may
sign such regulation for publication in the Federal Register at any time
after such 15-day period notwithstanding the foregoing 30-day time
requirement. In taking any final action under this subsection, the
Administrator 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.
(C) Time requirements
The time requirements imposed by subparagraphs (A) and (B) may be
waived or modified to the extent agreed upon by the Administrator and
the Secretary.
(D) Publication in the Federal Register
The Administrator shall, simultaneously with any notification to the
Secretary of Agriculture under this paragraph prior to the issuance of
any proposed or final regulation, publish such notification in the
Federal Register.
(3) Congressional committees
At such time as the Administrator is required under paragraph (2) of
this subsection to provide the Secretary of Agriculture with a copy of
proposed regulations and a copy of the final form of regulations, the
Administrator shall also furnish a copy of such regulations to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
(4) Congressional review of regulations
Simultaneously with the promulgation of any rule or regulation under
this subchapter, the Administrator shall transmit a copy thereof to the
Secretary of the Senate and the Clerk of the House of Representatives.
The rule or regulation shall not become effective until the passage of
60 calendar days after the rule or regulation is so transmitted.
(b) Exemption of pesticides
The Administrator may exempt from the requirements of this subchapter
by regulation any pesticide which the Administrator 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 subchapter in
order to carry out the purposes of this subchapter.
(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-organisms 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;
(3) to establish standards (which shall be consistent with those
established under the authority of the Poison Prevention Packaging Act
(Public Law 91-601) (15 U.S.C. 1471 et seq.)) with respect to the
package, container, or wrapping in which a pesticide or device is
enclosed for use or consumption, in order to protect children and adults
from serious injury or illness resulting from accidental ingestion or
contact with pesticides or devices regulated by this subchapter as well
as to accomplish the other purposes of this subchapter;
(4) to specify those classes of devices which shall be subject to any
provision of section 136(q)(1) or section 136e of this title upon the
Administrator's determination that application of such provision is
necessary to effectuate the purposes of this subchapter;
(5) to prescribe regulations requiring any pesticide to be colored or
discolored if the Administrator 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.
(d) Scientific advisory panel
The Administrator shall submit to an advisory panel for comment as to
the impact on health and the environment of the action proposed in
notices of intent issued under section 136d(b) of this title and of the
proposed and final form of regulations issued under subsection (a) of
this section within the same time periods as provided for the comments
of the Secretary of Agriculture under such section 136d(b) and
subsection (a) of this section. The time requirements for notices of
intent and proposed and final forms of regulation may not be modified or
waived unless in addition to meeting the requirements of section 136d(b)
of this title or subsection (a) of this section, as applicable, the
advisory panel has failed to comment on the proposed action within the
prescribed time period or has agreed to the modification or waiver. The
Administrator shall also solicit from the advisory panel comments,
evaluations, and recommendations for operating guidelines to improve the
effectiveness and quality of scientific analyses made by personnel of
the Environmental Protection Agency that lead to decisions by the
Administrator in carrying out the provisions of this subchapter. The
comments, evaluations, and recommendations of the advisory panel
submitted under this subsection and the response of the Administrator
shall be published in the Federal Register in the same manner as
provided for publication of the comments of the Secretary of Agriculture
under such sections. The chairman of the advisory panel, after
consultation with the Administrator, may create temporary subpanels on
specific projects to assist the full advisory panel in expediting and
preparing its evaluations, comments, and recommendations. The subpanels
may be composed of scientists other than members of the advisory panel,
as deemed necessary for the purpose of evaluating scientific studies
relied upon by the Administrator with respect to proposed action. Such
additional scientists shall be selected by the advisory panel. The panel
referred to in this subsection shall consist of 7 members appointed by
the Administrator from a list of 12 nominees, 6 nominated by the
National Institutes of Health and 6 by the National Science Foundation,
utilizing a system of staggered terms of appointment. Members of the
panel shall be selected on the basis of their professional
qualifications to assess the effects of the impact of pesticides on
health and the environment. To the extent feasible to insure
multidisciplinary representation, the panel membership shall include
representation from the disciplines of toxicology, pathology,
environmental biology, and related sciences. If a vacancy occurs on the
panel due to expiration of a term, resignation, or any other reason,
each replacement shall be selected by the Administrator from a group of
4 nominees, 2 submitted by each of the nominating entites named in this
subsection. The Administrator may extend the term of a panel member
until the new member is appointed to fill the vacancy. If a vacancy
occurs due to resignation, or reason other than expiration of a term,
the Administrator shall appoint a member to serve during the unexpired
term utilizing the nomination process set forth in this subsection.
Should the list of nominees provided under this subsection be
unsatisfactory, the Administrator may request an additional set of
nominees from the nominating entities. The Administrator may require
such information from the nominees to the advisory panel as the
Administrator deems necessary, and the Administrator shall publish in
the Federal Register the name, address, and professional affiliations of
each nominee. Each member of the panel shall receive per diem
compensation at a rate not in excess of that fixed for GS-18 of the
General Schedule as may be determined by the Administrator, except that
any such member who holds another office or position under the Federal
Government the compensation for which exceeds such rate may elect to
receive compensation at the rate provided for such other office or
position in lieu of the compensation provided by this subsection. In
order to assure the objectivity of the advisory panel, the Administrator
shall promulgate regulations regarding conflicts of interest with
respect to the members of the panel. The advisory panel established
under this section shall be permanent. In performing the functions
assigned by this subchapter, 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 (42 U.S.C. 4365). Whenever the Administrator exercises
authority under section 136d(c) of this title to immediately suspend the
registration of any pesticide to prevent an imminent hazard, the
Administrator shall prompty submit to the advisory panel for comment, as
to the impact on health and the environment, the action taken to suspend
the registration of such pesticide.
(e) Peer review
The Administrator shall, by written procedures, provide for peer
review with respect to the design, protocols, and conduct of major
scientific studies conducted under this subchapter by the Environmental
Protection Agency or by any other Federal agency, any State or political
subdivision thereof, or any institution or individual under grant,
contract, or cooperative agreement from or with the Environmental
Protection Agency. In such procedures, the Administrator shall also
provide for peer review, using the advisory panel established under
subsection (d) of this section or appropriate experts appointed by the
Administrator from a current list of nominees maintained by such panel,
with respect to the results of any such scientific studies relied upon
by the Administrator with respect to actions the Administrator may take
relating to the change in classification, suspension, or cancellation of
a pesticide. Whenever the Administrator determines that circumstances
do not permit the peer review of the results of any such scientific
study prior to the Administrator's exercising authority under section
136d(c) of this title to immediately suspend the registration of any
pesticide to prevent an imminent hazard, the Administrator shall
promptly thereafter provide for the conduct of peer review as provided
in this sentence. The evaluations and relevant documentation
constituting the peer review that relate to the proposed scientific
studies and the results of the completed scientific studies shall be
included in the submission for comment forwarded by the Administrator to
the advisory panel as provided in subsection (d) of this section. As
used in this subsection, the term ''peer review'' shall mean an
independent evaluation by scientific experts, either within or outside
the Environmental Protection Agency, in the appropriate disciplines.
(June 25, 1947, ch. 125, 25, as added Oct. 21, 1972, Pub. L. 92-516,
2, 86 Stat. 997, and amended Nov. 28, 1975, Pub. L. 94-140,
2(a), 6, 7, 89 Stat. 751, 753; Sept. 30, 1978, Pub. L. 95-396, 23,
92 Stat. 836; Dec. 17, 1980, Pub. L. 96-539, 1, 2(a), 4, 94 Stat.
3194, 3195; Dec. 2, 1983, Pub. L. 98-201, 1, 97 Stat. 1379; Nov. 8,
1984, Pub. L. 98-620, title IV, 402(4)(D), 98 Stat. 3357; June 27,
1988, Pub. L. 100-352, 6(i), 102 Stat. 664; Oct. 25, 1988, Pub. L.
100-532, title VI, 602, 605, title VIII, 801(n), 102 Stat. 2678, 2679,
2683; Dec. 13, 1991, Pub. L. 102-237, title X, 1006(b)(1), (2), 105
Stat. 1895.)
The Poison Prevention Packaging Act, referred to in subsec. (c)(3),
is Pub. L. 91-601, Dec. 30, 1970, 84 Stat. 1670, as amended, which is
classified principally to chapter 39A ( 1471 et seq.) of Title 15,
Commerce and Trade. For complete classification of this Act to the
Code, see Short Title note set out under section 1471 of Title 15, and
Tables.
References in subsec. (c)(4) to ''section 136(q)(1)'' was, in the
original, a reference to ''paragraph 2(q)(1)'' and has been editorially
translated as ''section 136(q)(1)'' as the probable intent of Congress.
The Environmental Research, Development, and Demonstration
Authorization Act of 1978, referred to in subsec. (d), is Pub. L.
95-155, Nov. 8, 1977, 91 Stat. 1257, as amended. Provisions of the
Act establishing the Science Advisory Board are classified to section
4365 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Tables.
1991 -- Subsec. (a)(3). Pub. L. 102-237, 1006(b)(1), substituted
''the Administrator'' for ''he'' before ''shall''.
Subsec. (b). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''determines''.
Subsec. (c)(4). Pub. L. 102-237, 1006(b)(2), substituted ''the
Administrator's'' for ''his''.
Subsec. (c)(5). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''determines''.
Subsec. (d). Pub. L. 102-237, 1006(b)(1), substituted ''the
Administrator'' for ''he'' before ''deems necessary'' and before ''shall
publish''.
1988 -- Subsec. (a). Pub. L. 100-532, 801(n)(1), amended heading and
directed that pars. (1) to (3) be aligned at left margin with subsec.
(c)(1), and that subpars. (A) to (D) of par. (2) be indented, and in
par. (3) substituted ''Committee on Agriculture, Nutrition, and
Forestry'' for ''Committee on Agriculture and Forestry''.
Subsec. (a)(4). Pub. L. 100-532, 605, amended par. (4) generally,
substituting single unlettered par. (4) for former subpars. (A) to
(E).
Pub. L. 100-352, in subpar. (E), struck out ''(i)'' before ''Any
interested'' and struck out cl. (ii) which provided that
notwithstanding any other provision of law, any decision on a matter
certified under cl. (i) of this subparagraph be reviewable by appeal
directly to the Supreme Court of the United States, with such appeal to
be brought not later than 20 days after the decision of the court of
appeals.
Subsec. (d). Pub. L. 100-532, 602, substituted ''section shall be
permanent'' for ''subsection shall terminate September 30, 1987''.
Subsec. (e). Pub. L. 100-532, 801(n)(2), substituted ''pesticide.
Whenever'' for ''pesticide: Provided, That whenever''.
1984 -- Subsec. (a)(4)(E)(iii). Pub. L. 98-620 struck out cl. (iii)
requiring the court of appeals and the Supreme Court to advance on the
docket and expedite the disposition of any matter certified under cl.
(i) of this subparagraph.
1983 -- Subsec. (d). Pub. L. 98-201 in fourth sentence, inserted
''under this subsection'' after ''submitted''; in eighth sentence,
provided for utilization of a system of staggered terms of appointment
and substituted ''7'' and ''6'' for ''seven'' and ''six'', respectively,
and inserted ninth through fourteenth sentences respecting basis for
selection of members, multidisciplinary representation, appointments to
fill vacancies, extension of term pending filling of vacancies,
appointment for unexpired term, and request for additional set of
nominees from nominating entities; and in present eighteenth, formerly
twelfth sentence, extended termination date to Sept. 30, 1987, from
Sept. 30, 1981.
1980 -- Subsec. (a)(4). Pub. L. 96-539, 4, added par. (4).
Subsec. (d). Pub. L. 96-539, 1, inserted provisions relating to
composition of subpanels and submissions to advisory panels respecting
registration suspensions.
Subsec. (e). Pub. L. 96-539, 2(a), added subsec. (e).
1978 -- Subsec. (a)(1). Pub. L. 95-396, 23(1), required regulations
to take into account differences in environmental risk and appropriate
data for evaluating such risk between agricultural and nonagricultural
pesticides.
Subsec. (a)(2)(B). Pub. L. 95-396, 23(2), required the Administrator,
before taking any final action, to consider certain factors bearing on
the agricultural economy and to publish an analysis of the effect in the
Federal Register.
Subsec. (d). Pub. L. 95-396, 23(3), (4), required the Administrator
to solicit operating guidelines from the scientific advisory panel to
improve scientific analyses made by personnel of the Environmental
Protection Agency that lead to decisions by the Administrator in
carrying out this subchapter; extended requirement of publication in
the Federal Register to evaluations and recommendations of the advisory
panel; authorized creation of temporary subpanels on specific projects
to assist in accelerating the work of the advisory panel; set forth
Sept. 30, 1981, as the termination date of the advisory panel; and
required the panel to consult and coordinate its activities with the
Science Advisory Board established under section 4365 of title 42.
1975 -- Subsec. (a)(1). Pub. L. 94-140, 2(a)(1), (2), redesignated
existing provision as subsec. (a)(1) and inserted '', in accordance
with the procedure described in paragraph (2),'' after ''is
authorized''.
Subsec. (a)(2). Pub. L. 94-140, 2(a)(3), added par. (2).
Subsec. (a)(3). Pub. L. 94-140, 6, added par. (3).
Subsec. (d). Pub. L. 94-140, 7, added subsec. (d).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, except that such amendment not to apply to cases pending in
Supreme Court on such effective date or affect right to review or manner
of reviewing judgment or decree of court which was entered before such
effective date, see section 7 of Pub. L. 100-352, set out as a note
under section 1254 of Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
Section 2(b) of Pub. L. 96-539 provided that: ''The provisions of
this section (amending this section) shall become effective upon
publication in the Federal Register of final procedures for peer review
as provided in this section, but in no event shall such provisions
become effective later than one year after the date of enactment of this
Act (Dec. 17, 1980).''
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Pub. L. 101-508, title I, 1204(e), Nov. 5, 1990, 104 Stat. 1388-11,
provided that: ''Notwithstanding any provision of the Omnibus Budget
Reconciliation Act of 1990 (Pub. L. 101-508, see Tables for
classification), nothing in this title or the other provisions of this
Act shall be construed to require or authorize the Administrator of the
Environmental Protection Agency to assess or collect any fees or charges
for services and activities authorized under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).''
4365.
07 USC 136w-1. State primary enforcement responsibility
TITLE 7 -- AGRICULTURE
(a) In general
For the purposes of this subchapter, 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 adequate pesticide use laws and regulations, except
that the Administrator may not require a State to have pesticide use
laws that are more stringent than this subchapter;
(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 compliance
with paragraphs (1) and (2) of this subsection as the Administrator may
require by regulation.
(b) Special rules
Notwithstanding the provisions of subsection (a) of this section, any
State that enters into a cooperative agreement with the Administrator
under section 136u of this title for the enforcement of pesticide use
restrictions shall have the primary enforcement responsibility for
pesticide use violations. Any State that has a plan approved by the
Administrator in accordance with the requirements of section 136i of
this title that the Administrator determines meets the criteria set out
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 136i
of this title in effect on September 30, 1978, not later than six months
after that date.
(c) Administrator
The Administrator shall have primary enforcement responsibility for
those States that do not have primary enforcement responsibility under
this subchapter. Notwithstanding the provisions of section 136(e)(1) of
this title, during any period when the Administrator has such
enforcement responsibility, section 136f(b) of this title shall apply to
the books and records of commercial applicators and to any applicator
who holds or applies pesticides, or uses dilutions of pesticides, only
to provide a service of controlling pests without delivering any
unapplied pesticide to any person so served, and section 136g(a) of this
title shall apply to the establishment or other place where pesticides
or devices are held for application by such persons with respect to
pesticides or devices held for such application.
(June 25, 1947, ch. 125, 26, as added Sept. 30, 1978, Pub. L.
95-396, 24(2), 92 Stat. 836, and amended Oct. 25, 1988, Pub. L.
100-532, title VIII, 801(o), (q)(1)(D), 102 Stat. 2683; Dec. 13, 1991,
Pub. L. 102-237, title X, 1006(a)(11), 105 Stat. 1895.)
1991 -- Subsec. (c). Pub. L. 102-237 substituted ''uses'' for
''use''.
1988 -- Subsec. (a). Pub. L. 100-532, 801(o)(1), (2), inserted
heading and substituted ''regulations. The Administrator'' for
''regulations; Provided, That the Administrator'' in par. (1).
Subsec. (b). Pub. L. 100-532, 801(o)(3), (q)(1)(D), inserted heading
and substituted ''136i'' for ''136b'' in two places.
Subsec. (c). Pub. L. 100-532, 801(o)(4), inserted heading.
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
07 USC 136w-2. Failure by the State to assure enforcement of State
pesticide use regulations
TITLE 7 -- AGRICULTURE
(a) Referral
Upon receipt of any complaint or other information alleging or
indicating a significant violation of the pesticide use provisions of
this subchapter, the Administrator shall refer the matter to the
appropriate State officials for their investigation of the matter
consistent with the requirements of this subchapter. 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 subchapter.
(b) Notice
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 deficiencies. 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 pesticide use
violations.
(c) Construction
Neither section 136w-1 of this title nor this section shall limit the
authority of the Administrator to enforce this subchapter, where the
Administrator determines that emergency conditions exist that require
immediate action on the part of the Administrator and the State
authority is unwilling or unable adequately to respond to the emergency.
(June 25, 1947, ch. 125, 27, as added Sept. 30, 1978, Pub. L.
95-396, 24(2), 92 Stat. 837, and amended Oct. 25, 1988, Pub. L.
100-532, title VIII, 801(p), 102 Stat. 2683.)
1988 -- Pub. L. 100-532 inserted headings for subsecs. (a) to (c).
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
07 USC 136w-3. Identification of pests; cooperation with Department of
Agriculture's program
TITLE 7 -- AGRICULTURE
(a) In general
The Administrator, in coordination with the Secretary of Agriculture,
shall identify those pests that must be brought under control. The
Administrator shall also coordinate and cooperate with the Secretary of
Agriculture's research and implementation programs to develop and
improve the safe use and effectiveness of chemical, biological, 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.
(b) Pest control availability
(1) In general
The Administrator, in cooperation with the Secretary of Agriculture,
shall identify --
(A) available methods of pest control by crop or animal;
(B) minor pest control problems, both in minor crops and minor or
localized problems in major crops; and
(C) factors limiting the availability of specific pest control
methods, such as resistance to control methods and regulatory actions
limiting the availability of control methods.
(2) Report
The Secretary of Agriculture shall, not later than 180 days after
November 28, 1990, and annually thereafter, prepare a report and send
the report to the Administrator. The report shall --
(A) contain the information described in paragraph (1) and the
information required by section 5882 of this title;
(B) identify the crucial pest control needs where a shortage of
control methods is indicated by the information described in paragraph
(1); and
(C) describe in detail research and extension efforts designed to
address the needs identified in subparagraph (B).
(c) Integrated pest management
The Administrator, in cooperation with the Secretary of Agriculture,
shall develop approaches to the control of pests based on integrated
pest management that respond to the needs of producers, with a special
emphasis on minor pests.
(June 25, 1947, ch. 125, 28, as added Sept. 30, 1978, Pub. L.
95-396, 24(2), 92 Stat. 838, and amended Nov. 28, 1990, Pub. L.
101-624, title XIV, 1495, 104 Stat. 3629.)
1990 -- Pub. L. 101-624 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
07 USC 136w-4. Annual report
TITLE 7 -- AGRICULTURE
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 applications for
conditional registration under sections 136a(c)(7)(B) and 136a(c)(7)(C)
of this title that were filed during the immediately preceding 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.
(June 25, 1947, ch. 125, 29, as added Sept. 30, 1978, Pub. L.
95-396, 24(2), 92 Stat. 838.)
Committees
Section 27 of Pub. L. 96-396 required the Administrator of the
Environmental Protection Agency to report to the Senate Committee on
Agriculture, Nutrition, and Forestry and to the House Committee on
Agriculture not later than 9 months after Sept. 30, 1978 in respect to
fee collection from pesticide registrants, not later than 6 months after
Sept. 30, 1978 in respect to pesticide uses, and not later than 9
months after Sept. 30, 1978 in respect to problems of minor uses of
pesticides not specifically permitted by labeling.
07 USC 136x. Severability
TITLE 7 -- AGRICULTURE
If any provision of this subchapter or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this subchapter which can be given
effect without regard to the invalid provision or application, and to
this end the provisions of this subchapter are severable.
(June 25, 1947, ch. 125, 30, formerly 26, as added Oct. 21, 1972,
Pub. L. 92-516, 2, 86 Stat. 998, and renumbered Sept. 30, 1978, Pub. L.
95-396, 24(1), 92 Stat. 836.)
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC 136y. Authorization for appropriations
TITLE 7 -- AGRICULTURE
There is authorized to be appropriated to carry out this subchapter
(other than section 136u(a) of this title) --
(1) $83,000,000 for fiscal year 1989, of which not more than
$13,735,500 shall be available for research under this subchapter;
(2) $95,000,000 for fiscal year 1990, of which not more than
$14,343,600 shall be available for research under this subchapter; and
(3) $95,000,000 for fiscal year 1991, of which not more than
$14,978,200 shall be available for research under this subchapter.
(June 25, 1947, ch. 125, 31, formerly 27, as added Oct. 21, 1972,
Pub. L. 92-516, 2, 86 Stat. 998, and amended July 2, 1975, Pub. L.
94-51, 89 Stat. 257; Oct. 10, 1975, Pub. L. 94-109, 89 Stat. 571; Nov.
28, 1975, Pub. L. 94-140, 3, 89 Stat. 752; renumbered and amended
Sept. 30, 1978, Pub. L. 95-396, 24(1), 25, 92 Stat. 836, 838; Dec. 17,
1980, Pub. L. 96-539, 3, 94 Stat. 3195; Dec. 2, 1983, Pub. L. 98-201,
2, 97 Stat. 1380; Dec. 23, 1985, Pub. L. 99-198, title XVII, 1768, 99
Stat. 1656; Oct. 25, 1988, Pub. L. 100-532, title VII, 701, 102 Stat.
2679.)
Another section 1768 of Pub. L. 99-198 enacted sections 154a and 159
and amended sections 151, 154, and 157 of Title 21, Food and Drugs.
1988 -- Pub. L. 100-532 amended section generally. Prior to
amendment, section read as follows: ''There is authorized to be
appropriated to carry out this subchapter for the period beginning
October 1, 1985, and ending September 30, 1986, $68,604,200 of which not
more than $11,993,100 shall be available for research under this
subchapter.''
1985 -- Pub. L. 99-198 substituted provisions authorizing
appropriations of $68,604,200 for fiscal year 1986 of which not more
than $11,993,100 shall be available for research for former provisions
which had authorized appropriations for fiscal years 1973 through 1984.
1983 -- Pub. L. 98-201 authorized necessary appropriations for
period beginning Oct. 1, 1983, and ending Sept. 30, 1984, not in
excess of $64,200,000.
1980 -- Pub. L. 96-539 inserted provisions authorizing
appropriations for period beginning Oct. 1, 1979, and ending Sept. 30,
1980, and for period beginning Oct. 1, 1980, and ending Sept. 30, 1981.
1978 -- Pub. L. 95-396, 25, substituted appropriations authorization
of $46,636,000 for period beginning Oct. 1, 1976, and ending Sept. 30,
1977, for prior authorization of $23,600,000 for period beginning Oct.
1, 1976, and ending Mar. 31, 1977, and authorized appropriations of
$54,500,000 for period beginning Oct. 1, 1977, and ending Sept. 30,
1978, and such sums as may be necessary, limited to $70,000,000, for
period beginning Oct. 1, 1978, and ending Sept. 30, 1979.
1975 -- Pub. L. 94-140 authorized appropriation of $47,868,000 to
carry out provisions of this subchapter for period beginning Oct. 1,
1975, and ending Sept. 30, 1976, and $23,600,000 for period beginning
Oct. 1, 1976, and ending Mar. 31, 1977.
Pub. L. 94-109 inserted provisions authorizing appropriation of
$5,983,500 for period beginning Oct. 1, 1975 and ending Nov. 15, 1975.
Pub. L. 94-51 authorized appropriation of $11,967,000 to carry out
provisions of this subchapter for period beginning July 1, 1975, and
ending Sept. 30, 1975.
Section 701 of Pub. L. 100-532 provided that amendment made by Pub.
L. 100-532 is effective Oct. 1, 1988.
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
07 USC CHAPTER 6A -- NATIONAL LABORATORY ACCREDITATION
TITLE 7 -- AGRICULTURE
Sec.
138. Definitions.
138a. National Laboratory Accreditation Program.
(a) Establishment of Program.
(b) Standards.
(c) Accrediting bodies.
(d) Requirements.
(e) Exceptions.
138b. Accreditation.
(a) In general.
(b) Requirements for accreditation.
(c) Failure to meet accreditation standards.
(d) Limited accreditation.
138c. Samples.
(a) Performance evaluation samples.
(b) Results of testing.
(c) Review of accreditation.
138d. Application.
(a) Contents of application.
(b) Restrictions on submission of application.
138e. Reporting.
(a) In general.
(b) Timing of report.
(c) Guidelines.
138f. Fees.
(a) In general.
(b) Amount of fee.
(c) Reimbursement of expenses.
(d) Adjustment of fees.
(e) Appropriations prerequisite.
(f) Authorization of appropriations.
138g. Public disclosure.
138h. Regulations.
138i. Effect of other laws.
07 USC 138. Definitions
TITLE 7 -- AGRICULTURE
As used in this chapter:
(1) Agricultural product
The term ''agricultural product'' means any fresh fruit or vegetable
or any commodity or product derived from livestock or fowl, that is
marketed in the United States for human consumption.
(2) Certificate
The term ''certificate'' means a certificate of accreditation issued
under this chapter.
(3) Laboratory
The term ''laboratory'' means any facility or vehicle that is owned
by an individual or a public or private entity and is equipped and
operated for the purpose of carrying out pesticide residue analysis on
agricultural products for commercial purposes.
(4) Pesticide
The term ''pesticide'' means any substance that alone, in chemical
combination, or in any formulation with one or more substances, is
defined as a pesticide in section 136(u) of this title.
(5) Secretary
The term ''Secretary'' means the Secretary of Agriculture.
(Pub. L. 101-624, title XIII, 1321, Nov. 28, 1990, 104 Stat. 3562.)
07 USC 138a. National Laboratory Accreditation Program
TITLE 7 -- AGRICULTURE
(a) Establishment of Program
The Secretary shall administer a National Laboratory Accreditation
Program under which laboratories that request accreditation and conduct
residue testing of agricultural products, or that make claims to the
public or buyers of agricultural products concerning chemical residue
levels on agricultural products, shall be determined to meet certain
minimum quality and reliability standards.
(b) Standards
The Secretary of Health and Human Services, after consultation with
the Secretary and the Administrator of the Environmental Protection
Agency, shall establish, through regulations, standards for the National
Laboratory Accreditation program /1/ that shall include --
(1) standards applicable to laboratories;
(2) qualifications for directors and other personnel; and
(3) standards and procedures for quality assurance programs.
(c) Accrediting bodies
The Secretary of Health and Human Services shall approve State
agencies or private, nonprofit entities as accrediting bodies to act on
behalf of such Secretary in implementing the certification and quality
assurance programs in accordance with the requirements of this section.
In making such approvals the Secretary of Health and Human Services
shall --
(1) oversee and review the performance of any accrediting body acting
on behalf of the Secretary to ensure that such accrediting body is in
compliance with the requirements of the certification program under this
section; and
(2) have the right to obtain from an accrediting body acting on
behalf of the Secretary and from any laboratory that may be certified by
such a body all records and materials that may be necessary for the
oversight and review required by paragraph (1).
(d) Requirements
To be accredited under this chapter, a laboratory shall --
(1) prepare and submit an application for accreditation to the
Secretary; and
(2) comply with such terms and conditions as are determined necessary
by the Secretary and the Secretary of Health and Human Services.
(e) Exceptions
This chapter shall not apply to --
(1) a laboratory operated by a government agency;
(2) a laboratory operated by a corporation that only performs
analysis of residues on agricultural products for such corporation or
any wholly owned subsidiary of such corporation and does not make claims
to the public or buyers based on such analysis;
(3) a laboratory operated by a partnership that only performs
analysis of residues on agricultural products for the partners of such
partnership and does not make claims to the public or buyers based on
such analysis; or
(4) a laboratory not operated for commercial purposes that performs
pesticide chemical residue analysis on agricultural products for
research or quality control for the internal use of a person who is
initiating the analysis.
(Pub. L. 101-624, title XIII, 1322, Nov. 28, 1990, 104 Stat. 3562.)
/1/ So in original. Probably should be capitalized.
07 USC 138b. Accreditation
TITLE 7 -- AGRICULTURE
(a) In general
The Secretary shall issue certificates of accreditation to
laboratories that meet the requirements of this chapter, as determined
by the Secretary.
(b) Requirements for accreditation
To receive accreditation under this chapter, a laboratory shall
prepare and submit an application for accreditation to the Secretary and
shall complete such required tests, and meet such standards as
established under section 138a of this title.
(c) Failure to meet accreditation standards
The Secretary shall deny an application for accreditation or shall
revoke any existing accreditation with respect to any laboratory that
fails to meet the requirements for accreditation under this chapter.
(d) Limited accreditation
The Secretary may issue certificates of accreditation to laboratories
that are limited to specific fields of testing.
(Pub. L. 101-624, title XIII, 1323, Nov. 28, 1990, 104 Stat. 3563.)
07 USC 138c. Samples
TITLE 7 -- AGRICULTURE
(a) Performance evaluation samples
(1) Provided by Secretary
The Secretary shall ensure that performance evaluation samples are
provided to any laboratory that has applied for accreditation under this
chapter.
(2) Analysis by laboratory
A laboratory described in paragraph (1) shall analyze such
performance evaluation samples and submit the results of such analysis
to the Secretary, as provided for in section 138a of this title.
(3) Testing methods
Samples shall be tested by the laboratory according to methods
specifically approved for such purpose by alternate methods of
demonstrated adequacy or equivalence, as determined in regulations
established under this chapter.
(b) Results of testing
(1) Submission of results
The laboratory shall submit the results of the tests conducted under
subsection (a) of this section to the Secretary on forms provided by the
Secretary, on or before the date determined by the Secretary.
(2) Evaluation of tests
The Secretary shall evaluate the results of such tests achieved by
the laboratory and shall determine whether such laboratory is capable of
undertaking an accurate analysis of chemical residues in agricultural
products.
(c) Review of accreditation
The Secretary shall ensure that performance evaluation samples for
analysis are provided to laboratories accredited under this chapter not
less than two times a year.
(Pub. L. 101-624, title XIII, 1324, Nov. 28, 1990, 104 Stat. 3564.)
07 USC 138d. Application
TITLE 7 -- AGRICULTURE
(a) Contents of application
An application for accreditation under this chapter shall be prepared
and submitted to the Secretary and shall include --
(1) the name and address of the laboratory;
(2) the name and address of the owners and managers of such
laboratory;
(3) a statement concerning the type of analysis the laboratory
intends to conduct;
(4) a brief history of the laboratory and its previous operations;
and
(5) such other information as may be required by the Secretary.
(b) Restrictions on submission of application
A laboratory that has been denied, or has lost, accreditation under
this chapter shall not reapply for accreditation until the expiration of
at least 6 months after such denial or loss of accreditation.
Corrective actions taken by the laboratory to address deficiencies upon
which the denial or loss of accreditation was based must accompany the
reapplication.
(Pub. L. 101-624, title XIII, 1325, Nov. 28, 1990, 104 Stat. 3564.)
07 USC 138e. Reporting
TITLE 7 -- AGRICULTURE
(a) In general
Each laboratory or individual that performs, brokers, or otherwise
arranges for the performance of a pesticide chemical analysis of food
shall prepare and submit a report, simultaneously to the Secretary, the
Secretary of Health and Human Services, and to the owner of such food,
that shall contain any finding of pesticide chemical residues in such
food --
(1) for which no chemical residue tolerance or exemption has been
established;
(2) that is in excess of residue tolerances; or
(3) for which the chemical residue tolerance has been revoked or the
chemical residue is otherwise not permitted by the Environmental
Protection Agency.
(b) Timing of report
A laboratory shall submit the report required under subsection (a) of
this section to the Secretary, the Secretary of Health and Human
Services, and the owner of such food as soon as practicable after the
completion of the analysis of such food.
(c) Guidelines
The Secretary shall adopt standardized reporting guidelines to be
applied to laboratories under this section and shall provide such
guidelines to laboratories accredited under this chapter, as well as
other sources of information regarding applicable pesticide chemical
tolerances.
(Pub. L. 101-624, title XIII, 1326, Nov. 28, 1990, 104 Stat. 3565.)
07 USC 138f. Fees
TITLE 7 -- AGRICULTURE
(a) In general
At the time that an application for accreditation is received by the
Secretary and annually thereafter, a laboratory seeking accreditation by
the Secretary under the authority of this chapter, the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.), or the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.) shall pay to the Secretary a
nonrefundable accreditation fee. All fees collected by the Secretary
shall be credited to the account from which the expenses of the
laboratory accreditation program are paid and, subject to subsection (e)
of this section, shall be available immediately and remain available
until expended to pay the expenses of the laboratory accreditation
program.
(b) Amount of fee
The fee required under this section shall be established by the
Secretary in an amount that will offset the cost of the laboratory
accreditation programs administered by the Secretary under the statutory
authorities set forth in subsection (a) of this section.
(c) Reimbursement of expenses
Each laboratory that is accredited under a statutory authority set
forth in subsection (a) of this section or that has applied for
accreditation under such authority shall reimburse the Secretary for
reasonable travel and other expenses necessary to perform onsite
inspections of the laboratory.
(d) Adjustment of fees
The Secretary may, on an annual basis, adjust the fees imposed under
this section as necessary to support the full costs of the laboratory
accreditation programs carried out under the statutory authorities set
forth in subsection (a) of this section.
(e) Appropriations prerequisite
No fees collected under this section may be used to offset the cost
of laboratory accreditation without appropriations made under subsection
(f) of this section.
(f) Authorization of appropriations
There are authorized to be appropriated each fiscal year such sums as
may be necessary for laboratory accreditation services under this
section.
(Pub. L. 101-624, title XIII, 1327, Nov. 28, 1990, 104 Stat. 3565;
Pub. L. 102-237, title X, 1017, Dec. 13, 1991, 105 Stat. 1904.)
The Federal Meat Inspection Act, referred to in subsec. (a), is
titles I to IV of act Mar. 4, 1907, ch. 2907, as added Dec. 15, 1967,
Pub. L. 90-201, 81 Stat. 584, and amended, which are classified
generally to subchapters I to IV ( 601 et seq.) of chapter 12 of Title
21, Food and Drugs. For complete classification of this Act to the
Code, see Short Title note set out under section 601 of Title 21 and
Tables.
The Poultry Products Inspection Act, referred to in subsec. (a), is
Pub. L. 85-172, Aug. 28, 1957, 71 Stat. 441, as amended, which is
classified generally to chapter 10 ( 451 et seq.) of Title 21. For
complete classification of this Act to the Code, see Short Title note
set out under section 451 of Title 21 and Tables.
1991 -- Pub. L. 102-237 amended section generally, in subsec. (a),
inserting provisions relating to Federal Meat Inspection Act and Poultry
Products Inspection Act and provisions relating to crediting and
availability of fees, in subsec. (b), substituting provisions relating
to fee under this section for provisions relating to fee under subsec.
(a) of this section, and provisions relating to laboratory accreditation
programs administered by Secretary under statutory authorities set forth
in subsec. (a) of this section for provisions relating to program
established under this chapter, in subsec. (c), substituting provisions
relating to statutory authority set forth in subsec. (a) of this
section for provisions relating to this chapter, in subsec. (d),
substituting provisions relating to laboratory accreditation programs
under statutory authority set forth in subsec. (a) of this section for
provisions relating to program established under this chapter, and
adding subsecs. (e) and (f).
07 USC 138g. Public disclosure
TITLE 7 -- AGRICULTURE
The results of the evaluations of laboratories conducted by the
Secretary under this chapter shall be made available to the Secretary of
Health and Human Services and to the public on request.
(Pub. L. 101-624, title XIII, 1328, Nov. 28, 1990, 104 Stat. 3565.)
07 USC 138h. Regulations
TITLE 7 -- AGRICULTURE
The Secretary shall promulgate regulations to carry out this chapter.
(Pub. L. 101-624, title XIII, 1329, Nov. 28, 1990, 104 Stat. 3565.)
07 USC 138i. Effect of other laws
TITLE 7 -- AGRICULTURE
Nothing in this chapter shall alter the authority of the Secretary of
Health and Human Services under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.).
(Pub. L. 101-624, title XIII, 1330, Nov. 28, 1990, 104 Stat. 3565.)
The Federal Food, Drug, and Cosmetic Act, referred to in text, is act
June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified
generally to chapter 9 ( 301 et seq.) of Title 21, Food and Drugs. For
complete classification of this Act to the Code, see section 301 of
Title 21 and Tables.
07 USC CHAPTER 7 -- INSECT PESTS GENERALLY
TITLE 7 -- AGRICULTURE
Sec.
141 to 147. Repealed or Omitted.
147a. Control and eradication of plant pests.
(a) Authority of Secretary of Agriculture.
(b) Intergovernmental cooperation.
(c) Cooperating foreign agency.
(d) Definitions.
(e) Rules and regulations.
(f) Authorization of appropriations; fees, late payment penalties,
and accrued interest.
147b. Emergency transfer of funds by Secretary of Agriculture.
148. Control of insect pests and plant diseases.
148a. Availability of appropriated money for general administration;
personnel; field work, etc.
148b. Repealed.
148c. Control of insect pests and plant diseases; cooperation of
States.
148d. Restrictions on appropriations.
148e. Authorization of appropriations.
148f. Control of grasshoppers and Mormon Crickets on Federal lands.
(a) Authority of Secretary of Agriculture.
(b) Funds for lands subject to jurisdiction of Federal Government or
Federal lands subject to jurisdiction of Secretary of the Interior;
prompt requests for transferred funds and for replenishing
appropriations.
(c) Exhaustion of contingency grasshopper emergency funds before
availability of transferred funds for control of outbreaks on Federal
lands subject to jurisdiction of Secretary of the Interior.
(d) Time for treatment of lands dependent on determination of
economic damage.
(e) Amount of payments for costs of control on Federal, State, and
private lands; interrelated participation efforts.
(f) Funding of personnel training program.
149. Regulation, cleaning, etc., of vehicles and materials entering
from Mexico.
(a) Administration by Secretary; fees.
(b) Penalties.
Act May 23, 1938, ch. 260, 52 Stat. 436, which created the Board
for investigative purposes expired by its own terms on Mar. 15, 1939.
Act July 22, 1942, ch. 516, 56 Stat. 675, which provided in part
for the eradication of ticks on the Seminole Reservation, was a
provision of the Department of Agriculture Appropriation Act, 1943, and
expired on June 30, 1943.
07 USC 141 to 144. Repealed. Pub. L. 85-36, title I, 111, May 23, 1957,
71 Stat. 35
TITLE 7 -- AGRICULTURE
Sections were from act Mar. 3, 1905, ch. 1501, 1-4, 33 Stat. 1269.
See chapter 7B of this title.
Section 141 prohibited transportation or removal of insect pests.
Section 142 related to punishment for mailing parcels, etc.,
containing insect pests.
Section 143 related to regulations for mailing, transportation, etc.,
of insect pests for scientific purposes.
Section 144, amended Sept. 3, 1954, ch. 1263, 16, 68 Stat. 1232,
related to punishment for unlawful transportation or removal of insect
pests.
Sections amended or repealed by Pub. L. 85-36 to continue in force
as to rights, liabilities and violations that occurred before May 23,
1957, and findings, regulations, other orders, permits and certificates
issued before May 23, 1957, as remaining in effect until modified, see
section 111 of Pub. L. 85-36 set out as a note under section 147a of
this title.
07 USC 145. Repealed. Pub. L. 94-231, 2, Mar. 15, 1976, 90 Stat. 216
TITLE 7 -- AGRICULTURE
Section, act Oct. 6, 1917, ch. 79, 1, 40 Stat. 374, provided for
cooperation with Mexico and adjacent States in extermination of pink
bollworm infestations in Mexico and related operations.
07 USC 146, 147. Omitted
TITLE 7 -- AGRICULTURE
Section 146, act Feb. 9, 1927, ch. 90, 44 Stat. 1065, authorized
an appropriation of $10,000,000 to eradicate or control European corn
borer.
Section 147, act May 24, 1928, ch. 734, 45 Stat. 734, authorized an
additional appropriation of $7,000,000 to eradicate or control European
corn borer.
07 USC 147a. Control and eradication of plant pests
TITLE 7 -- AGRICULTURE
(a) Authority of Secretary of Agriculture
The Secretary of Agriculture, either independently or in cooperation
with States or political subdivisions thereof, farmers' associations and
similar organizations, and individuals, is authorized to carry out
operations or measures to detect, eradicate, suppress, control, or to
prevent or retard the spread of plant pests.
(b) Intergovernmental cooperation
The Secretary of Agriculture is further authorized to cooperate with
the governments of foreign countries, or the local authorities thereof,
and with foreign or international organizations or associations, in
carrying out necessary surveys and control operations in those countries
in connection with the detection, eradication, suppression, control, and
prevention or retardation of the spread of plant pests.
(c) Cooperating foreign agency
In performing the operations or measures herein authorized, the
cooperating foreign country, State, or local agency shall be responsible
for the authority necessary to carry out the operations or measures on
all lands and properties within the foreign country or State other than
those owned or controlled by the Federal Government and for such other
facilities and means as in the discretion of the Secretary of
Agriculture are necessary.
(d) Definitions
As used in this section --
(1) ''plant pest'' means any living stage of any insects, mites,
nematodes, slugs, snails, protozoa, or other invertebrate animals,
bacteria, fungi, other parasitic plants or reproductive parts thereof,
viruses, or any organisms similar to or allied with any of the
foregoing, or any infectious substances, which can directly or
indirectly injure or cause disease or damage in any plants or parts
thereof, or any processed, manufactured, or other products of plants;
(2) ''living stage'' includes the egg, pupal, and larval stages as
well as any other living stage; and
(3) ''State'' includes the District of Columbia and the territories
and possessions of the United States.
(e) Rules and regulations
The Secretary of Agriculture is authorized to promulgate such rules
and regulations and use such means as he may deem necessary to provide
for the inspection of plants and plant products offered for export or
transiting the United States and to certify to shippers and interested
parties as to the freedom of such products from plant pests according to
the phytosanitary requirements of the foreign countries to which such
products may be exported, or to the freedom from exposure to plant pests
while in transit through the United States.
(f) Authorization of appropriations; fees, late payment penalties,
and accrued interest
(1) Notwithstanding paragraph (2), there are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this section. Unless otherwise specifically authorized or provided
for in appropriations Acts, no part of such sums shall be used to pay
the cost or value of property injured or destroyed.
(2) The Secretary of Agriculture is authorized to prescribe and
collect fees to recover the costs of providing for the inspection of
plants and plant products offered for export or transiting the United
States and certifying to shippers and interested parties as to the
freedom of such plants and plant products from plant pests according to
the phytosanitary requirements of the foreign countries to which such
plants and plant products may be exported, or to the freedom from
exposure to plant pests while in transit through the United States. Any
person for whom such an activity is performed shall be liable for
payment of fees assessed. Upon failure to pay such fees when due, the
Secretary of Agriculture shall assess a late payment penalty, and such
overdue fees shall accrue interest, as required by section 3717 of title
31. All fees, late payment penalties, and accrued interest collected
shall be credited to such accounts that incur the costs and shall remain
available until expended without fiscal year limitation. The Secretary
of Agriculture shall have a lien for the fees, any late payment penalty,
and any accrued interest assessed against the plant or plant product for
which services have been provided. In the case of any person who fails
to make payment when due, the Secretary of Agriculture shall also have a
lien against any plant or plant product thereafter attempted to be
exported by such person. The Secretary of Agriculture may, in case of
nonpayment of the fees, late payment penalty, or accrued interest, after
giving reasonable notice of default to the person liable for payment of
such assessments, sell at public sale after reasonable public notice, or
otherwise dispose of, any such plant or plant product upon which the
Secretary of Agriculture has a lien pursuant to this section. If the
sale proceeds exceed the fees due, any late payment penalty assessed,
any accrued interest and the expenses of the sale, the excess shall be
paid, in accordance with regulations of the Secretary of Agriculture, to
the owner of the plant or plant product sold upon the owner making
application therefore with proof of ownership, within six months after
such sale, and otherwise the excess shall be credited to accounts that
incur the costs and shall remain available until expended. The
Secretary of Agriculture shall, pursuant to regulations as prescribed by
the Secretary of Agriculture, suspend performance of services to persons
who have failed to pay such fees, late payment penalty and accrued
interest.
(Sept. 21, 1944, ch. 412, title I, 102, 58 Stat. 735; June 17, 1949,
ch. 220, 63 Stat. 200; May 23, 1957, Pub. L. 85-36, title II, 201, 71
Stat. 35; Mar. 15, 1976, Pub. L. 94-231, 1, 90 Stat. 215; Nov. 28,
1990, Pub. L. 101-624, title XXV, 2504, 2509(b), 104 Stat. 4068, 4070.)
1990 -- Subsec. (b). Pub. L. 101-624, 2504, substituted ''foreign
countries'' for ''all countries of the Western Hemisphere'' and inserted
''foreign or'' before ''international''.
Subsec. (f). Pub. L. 101-624, 2509(b), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ''There
are hereby authorized to be appropriated such sums as the Congress may
annually determine to be necessary to enable the Secretary of
Agriculture to carry out the provisions of this section. Unless
otherwise specifically authorized, or provided for in appropriations, no
part of such sums shall be used to pay the cost or value of property
injured or destroyed.''
1976 -- Subsecs. (a) to (d). Pub. L. 94-231 redesignated existing
provisions of subsec. (a) as subsecs. (a) to (d) and broadened
Secretary's authority to control and eradicate plant pests and animal
diseases, extended Secretary's authority to cooperate with foreign
governments, and inserted definitions for ''plant pest'' and ''living
stage''. Former subsecs. (b) and (c) redesignated (e) and (f),
respectively.
Subsec. (e). Pub. L. 94-231 redesignated subsec. (b) as (e) and made
discretionary the Secretary's authority to provide phytosanitary
inspection and certification service for domestic plants and plant
products offered for export or transit in the United States.
Subsec. (f). Pub. L. 94-231 redesignated subsec. (c) as (f) and
substituted provisions authorizing appropriations on a Congressional
finding of necessity made ''annually'' for provisions authorizing
appropriations on a Congressional finding of necessity made ''from time
to time''.
1957 -- Subsec. (a). Pub. L. 85-36 inserted ''insect pests, plant
diseases, and nematodes, such as imported fire ant, soybean cyst
nematode, witchweed, spotted alfalfa aphid,'' after ''or to prevent or
retard the spread of''.
1949 -- Subsec. (a). Act June 17, 1949, authorized the Secretary to
carry out operations to combat the citrus blackfly, white-fringed
beetle, and the Hall scale.
Pub. L. 85-36, title I, 111, May 23, 1957, 71 Stat. 35, provided in
part that: ''All Acts amended or repealed hereby (sections 141 to 144,
147a, 149, and 441 of this title) shall be deemed to continue in full
force and effect for the purpose of sustaining any action or other
proceeding with respect to any right that accrued, liability that was
incurred, or violation that occurred prior to the effective date of this
Act (May 23, 1957). Nothing contained in this Act (enacting chapter 7B
of this title, amending sections 147a and 149 of this title, and
repealing sections 141 to 144, and 441 of this title) shall affect the
validity of any findings, regulations, or other orders, permits, or
certificates, which were issued under any of the Acts cited in this
section (sections 141 to 144, and 441 of this title) prior to the
effective date of this Act (May 23, 1957) and which are in effect on
said date, but such findings, regulations, other orders, permits, and
certificates shall remain in effect unless and until modified in
accordance with this Act (enacting chapter 7B of this title, amending
sections 147a and 149 of this title, and repealing sections 141 to 144,
and 441 of this title).''
For disposition of remainder of section 111, see note set out under
section 150ii of this title.
Cooperation with State agencies in administration and enforcement of
laws relating to marketing of agricultural products and control or
eradication of plant and animal diseases and pests; assistance of State
agencies to Secretary of Agriculture; coordination of administration of
Federal and State laws; Federal administrative jurisdiction and other
provisions respecting cooperation unaffected, see section 450 of this
title.
07 USC 147b. Emergency transfer of funds by Secretary of Agriculture
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture may, in connection with emergencies
which threaten any segment of the agricultural production industry of
this country, transfer from other appropriations or funds available to
the agencies or corporations of the Department of Agriculture such sums
as the Secretary may deem necessary, to be available only in such
emergencies for the arrest and eradication of plant pests or contagious
or infectious diseases of animals or poultry, and for expenses in
accordance with section 147a of this title and section 114b of title 21.
(Pub. L. 97-46, 1, Sept. 25, 1981, 95 Stat. 953.)
Section 2 of Pub. L. 97-46 provided that: ''The provisions of this
Act (this section) shall become effective upon enactment (Sept. 25,
1981).''
07 USC 148. Control of insect pests and plant diseases
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture, in cooperation with authorities of the
States concerned, organizations, or individuals, is authorized and
directed to apply such methods for the control of incipient or emergency
outbreaks of insect pests or plant diseases, including grasshoppers,
Mormon crickets, and chinch bugs as may be necessary. The Secretary of
Agriculture is further authorized to cooperate with the Governments of
Canada or Mexico or local Canadian or Mexican authorities in carrying
out in such countries necessary operations or measures to control
incipient or emergency outbreaks of insect pests or plant diseases, when
such operations or measures are necessary to protect the agriculture of
the United States. In performing the operations or measures authorized
under sections 148 to 148e of this title, the cooperating foreign
country, State, or local agency shall be responsible for the authority
necessary to carry out the operations or measures on all lands and
properties within the foreign country or State other than those owned or
controlled by the Federal Government and for such other facilities and
means as in the discretion of the Secretary of Agriculture are
necessary.
(Apr. 6, 1937, ch. 69, 50 Stat. 57; May 9, 1938, ch. 192, 52 Stat.
344; Aug. 13, 1954, ch. 731, 68 Stat. 717.)
1954 -- Act Aug. 13, 1954, extended provisions to include
cooperation with the Governments of Canada or Mexico or local Canadian
or Mexican authorities.
1938 -- Act May 9, 1938, incorporated part of introductory clause of
original section in first sentence and struck out remainder of such
section consisting of the other parts of introductory clause relating to
personnel and appropriations (see sections 148a and 148e of this title),
the appropriation provisions of second clause (see section 148e of this
title), provisions of first proviso relating to general administration,
field work, etc. (see section 148a of this title) and provisions of
second proviso restricting the uses of appropriations (see section 148d
of this title).
Act Apr. 6, 1937, ch. 69, 50 Stat. 57, as amended, which is
classified to sections 148 to 148e of this title, is popularly known as
the ''Insect Control Act''.
Authorization of appropriation, see section 148e of this title.
07 USC 148a. Availability of appropriated money for general
administration; personnel; field work, etc.
TITLE 7 -- AGRICULTURE
Any sums which may be appropriated for such purpose shall be
available for expenditure for the employment of persons and means in the
District of Columbia and elsewhere, printing, rent outside the District
of Columbia, general administration and supervision, surveys, and the
purchase, transportation, and application of poison bait or materials
and equipment for control of insect pests or plant diseases, including
grasshoppers, Mormon crickets, and chinch bugs, and for the preparation
of such poison bait or materials for application, and such other
expenses as may be necessary.
(Apr. 6, 1937, ch. 69, 2, as added May 9, 1938, ch. 192, 52 Stat.
344.)
07 USC 148b. Repealed. Oct. 10, 1940, ch. 851, 4, 54 Stat. 1111
TITLE 7 -- AGRICULTURE
Section, act Apr. 6, 1937, ch. 69, 3, as added May 9, 1938, ch.
192, 52 Stat. 344, related to procurement of materials and equipment
for the control of insect pests and plant diseases. See section 6b(a)
of Title 41, Public Contracts.
07 USC 148c. Control of insect pests and plant diseases; cooperation
of States
TITLE 7 -- AGRICULTURE
In the discretion of the Secretary of Agriculture, no part of any
sums appropriated to carry out the purposes of sections 148 to 148e of
this title shall be expended for the control of incipient or emergency
outbreaks of insect pests or plant diseases in any State until the State
concerned has provided the organization or materials and supplies
necessary for cooperation with the Federal Government.
(Apr. 6, 1937, ch. 69, 4, as added May 9, 1938, ch. 192, 52 Stat.
344.)
Cooperation with State agencies in administration and enforcement of
laws relating to marketing of agricultural products and control or
eradication of plant and animal diseases and pests; assistance of State
agencies to Secretary of Agriculture; coordination of administration of
Federal and State laws; Federal administrative jurisdiction and other
provisions respecting cooperation unaffected, see section 450 of this
title.
07 USC 148d. Restrictions on appropriations
TITLE 7 -- AGRICULTURE
No part of the sums hereinafter authorized to be appropriated shall
be used to pay the cost or value of farm animals, farm crops, or other
property injured or destroyed.
(Apr. 6, 1937, ch. 69, 5, as added May 9, 1938, ch. 192, 52 Stat.
344.)
07 USC 148e. Authorization of appropriations
TITLE 7 -- AGRICULTURE
There are authorized to be appropriated annually such sums as may be
necessary to carry out the provisions of sections 148 to 148e of this
title.
(Apr. 6, 1937, ch. 69, 6, as added May 9, 1938, ch. 192, 52 Stat.
344.)
Additional appropriations for purposes of this section were made as
follows: Act Mar. 2, 1938, ch. 39, 1, 52 Stat. 83 -- $2,000,000;
Joint Res. June 13, 1939, ch. 207, 53 Stat. 821 -- $1,750,000.
07 USC 148f. Control of grasshoppers and Mormon Crickets on Federal
lands
TITLE 7 -- AGRICULTURE
(a) Authority of Secretary of Agriculture
The Secretary of Agriculture shall carry out a program to control
grasshoppers and Mormon Crickets on all Federal lands.
(b) Funds for lands subject to jurisdiction of Federal Government or
Federal lands subject to jurisdiction of Secretary of the Interior;
prompt requests for transferred funds and for replenishing
appropriations
(1) Subject to paragraph (2), the Secretary of Agriculture shall
expend or transfer, and upon request, the Secretary of the Interior
shall transfer to the Secretary of Agriculture, from any no-year
appropriations, funds for the prevention, suppression, and control of
actual or potential grasshopper and Mormon Cricket outbreaks on lands
under the jurisdiction of the Federal Government.
(2)(A) Appropriated funds made available to the Secretary of the
Interior shall be available for the payment of obligations incurred on
Federal lands subject to the jurisdiction of the Secretary of the
Interior.
(B) Funds transferred pursuant to this paragraph shall be requested
as promptly as possible by the Secretary of Agriculture.
(C) Funds transferred pursuant to this section shall be replenished
by supplemental or regular appropriations which shall be requested as
promptly as possible.
(c) Exhaustion of contingency grasshopper emergency funds before
availability of transferred funds for control of outbreaks on Federal
lands subject to jurisdiction of Secretary of the Interior
(1) Except as provided in paragraph (2), from any funds made
available to the Department of the Interior until expended, moneys shall
be made available for the transfer by the Secretary of the Interior to
the Secretary of Agriculture for the prevention, suppression, and
control of grasshoppers and Mormon Cricket outbreaks on Federal lands
under the jurisdiction of the Secretary of the Interior.
(2) No funds shall be made available under this authority, until
contingency funds specifically available to the Animal and Plant Health
Inspection Service for grasshopper emergencies have been exhausted.
(d) Time for treatment of lands dependent on determination of
economic damage
On request of the administering agency or the Department of
Agriculture of an affected State, the Secretary of Agriculture shall
immediately treat Federal, State, or private lands that are infested by
grasshoppers or Mormon Crickets at levels of economic infestation,
unless the Secretary determines that delaying treatment will optimize
biological control and not cause greater economic damage to adjacent
landowners.
(e) Amount of payments for costs of control on Federal, State, and
private lands; interrelated participation efforts
The Secretary of Agriculture shall --
(1) pay out of appropriated funds made available to the Secretary or
transferred to the Secretary by the Secretary of the Interior -- 100
percent of the cost of grasshopper or Mormon Cricket control on Federal
lands;
(2) pay out of appropriated funds made available to the Secretary --
(A) 50 percent of the cost of such control on State lands; and
(B) 33.3 percent of the cost of such control on private rangelands;
and
(3) participate in prevention, control, or suppression programs for
grasshoppers and Mormon Crickets in conjunction with other Federal,
State and private prevention, control or suppression efforts.
(f) Funding of personnel training program
From appropriated funds made available or transferred by the
Secretary of the Interior to the Secretary of Agriculture for such
purposes, the Secretary of Agriculture shall provide adequate funding
for a program to train personnel to effectively accomplish the objective
of this section.
(Pub. L. 99-198, title XVII, 1773, Dec. 23, 1985, 99 Stat. 1658.)
07 USC 149. Regulation, cleaning, etc., of vehicles and materials
entering from Mexico
TITLE 7 -- AGRICULTURE
(a) Administration by Secretary; fees
To prevent the introduction of insect pests and plant diseases the
Secretary of Agriculture is authorized and directed to promulgate such
rules and regulations as he may deem necessary to regulate the entry
into the United States from Mexico of railway cars and other vehicles
and freight, express, baggage, and other materials which may carry such
pests and to provide for the inspection, cleaning, and, when necessary,
disinfection of such vehicles and materials; to carry out the
activities required to accomplish this purpose, the Secretary of
Agriculture shall use such means as he may deem necessary, including
construction and repair of buildings, plants, and equipment for
fumigation and disinfection or cleaning of vehicles and materials; the
cleaning and disinfection of vehicles or materials necessary to
accomplish the purpose shall be carried out by or under the direction of
authorized inspectors of the Department of Agriculture, and the
Secretary of Agriculture shall make and collect such charge as will
cover, as nearly as may be, the average cost of materials, facilities,
and special labor used in performing such disinfection, and fees so
collected shall be covered into the Treasury of the United States as
miscellaneous receipts.
(b) Penalties
(1) Any person who knowingly violates any rule or regulation
promulgated under subsection (a) of this section shall be guilty of a
misdemeanor and shall be punished by a fine not exceeding $5,000, by
imprisonment not exceeding one year, or both.
(2) Any person who violates any such rule or regulation may be
assessed a civil penalty by the Secretary of Agriculture not exceeding
$1,000. The Secretary may issue an order assessing such civil penalty
only after notice and an opportunity for an agency hearing on the
record. Such order shall be treated as a final order reviewable under
chapter 158 of title 28. The validity of such order may not be reviewed
in an action to collect such civil penalty.
(Jan. 31, 1942, ch. 31, 56 Stat. 40; May 23, 1957, Pub. L. 85-36,
title I, 110, 71 Stat. 34; Jan. 12, 1983, Pub. L. 97-461, 3, 96 Stat.
2524.)
1983 -- Pub. L. 97-461 designated existing provisions as subsec.
(a) and added subsec. (b).
1957 -- Pub. L. 85-36 substituted ''or'' for ''and'' before ''under
the direction of authorized inspectors''.
Functions of all officers, agencies and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
Department of Agriculture Appropriation Acts, July 12, 1943, ch.
215, 57 Stat. 408; June 28, 1944, ch. 296, 58 Stat. 440, provided
that any moneys received in payment of charges shall be covered into the
Treasury as miscellaneous receipts.
Sections amended or repealed by Pub. L. 85-36 to continue in force
as to rights, liabilities and violations that occurred before May 23,
1957, and findings, regulations, other orders, permits and certificates
issued before May 23, 1957, as remaining in effect until modified, see
section 111 of Pub. L. 85-36, set out as a note under section 147a of
this title.
07 USC CHAPTER 7A -- GOLDEN NEMATODE
TITLE 7 -- AGRICULTURE
Sec.
150. Governmental policy for protection of potatoes and tomatoes
from golden nematode.
150a. Duty of Secretary of Agriculture.
150b. Inspections; quarantines; restrictions; crop destruction;
compensation of growers.
150c. Expenditure of funds; discretion of Secretary.
150d. State legislative action authorizing restrictions on or
destruction of crops.
150e. Computation of compensation paid growers; method; finality
of determination.
150f. Expenses; employment of personnel; printing and binding;
purchase of passenger-carrying vehicles.
150g. Chapter as supplemental legislation.
07 USC 150. Governmental policy for protection of potatoes and tomatoes
from golden nematode
TITLE 7 -- AGRICULTURE
To protect potato and tomato production in the United States from the
destructive pest known as the golden nematode which subsists on the
roots of potatoes and tomatoes, causes marked reduction in yield,
persists in the soil for many years in an inactive state in the absence
of preferred hosts, and becomes active and destructive when potatoes or
tomatoes are again planted, it is the policy of the Government of the
United States, independently or in cooperation with State and local
governmental agencies, and other public and private organizations,
associations, and individuals, to eradicate, suppress, control, and
prevent the spread of, this pest.
(June 15, 1948, ch. 471, 1, 62 Stat. 442.)
Section 9 of act June 15, 1948, provided that: ''This Act (enacting
this chapter) may be cited as the 'Golden Nematode Act'.''
Cooperation with State agencies in administration and enforcement of
laws relating to marketing of agricultural products and control or
eradication of plant and animal diseases and pests; assistance of State
agencies to Secretary of Agriculture; coordination of administration of
Federal and State laws; Federal administrative jurisdiction and other
provisions respecting cooperation unaffected, see section 450 of this
title.
07 USC 150a. Duty of Secretary of Agriculture
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture either independently or in cooperation
with public or private agencies is authorized to carry out operations or
measures to eradicate, suppress, control, or prevent the spread of, the
golden nematode.
(June 15, 1948, ch. 471, 2, 62 Stat. 443.)
07 USC 150b. Inspections; quarantines; restrictions; crop
destruction; compensation of growers
TITLE 7 -- AGRICULTURE
The activities contemplated by this chapter include cooperation with
States and other agencies in making inspections, applying suppressive
measures, enforcing quarantines, enforcing restrictions on the planting
of potatoes and tomatoes, destroying potatoes and tomatoes growing in
soil found infested or exposed to infestation with the golden nematode,
and compensating growers in areas infected, or exposed to infestation,
with the golden nematode for not planting potatoes or tomatoes or for
losses resulting from destruction for the purposes of this chapter of
potatoes or tomatoes.
(June 15, 1948, ch. 471, 3, 62 Stat. 443.)
07 USC 150c. Expenditure of funds; discretion of Secretary
TITLE 7 -- AGRICULTURE
In the discretion of the Secretary of Agriculture no part of any sums
appropriated to carry out the purposes of this chapter shall be expended
with respect to any area infested with the golden nematode or exposed to
such infestation until the appropriate cooperating agency or agencies
have presented evidence satisfactory to the Secretary of Agriculture
that they will provide funds, materials, means, and State and local
authority necessary for the cooperating agency or agencies to carry out
effectively that part of the cooperative program the Secretary of
Agriculture may require from the cooperating agency or agencies.
(June 15, 1948, ch. 471, 4, 62 Stat. 443.)
07 USC 150d. State legislative action authorizing restrictions on or
destruction of crops
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall not undertake any program
involving mandatory restrictions on the planting of potatoes or
tomatoes, or mandatory destruction of potatoes or tomatoes unless the
State concerned shall have enacted legislation authorizing such
restrictions or destruction.
(June 15, 1948, ch. 471, 5, 62 Stat. 443.)
07 USC 150e. Computation of compensation paid growers; method;
finality of determination
TITLE 7 -- AGRICULTURE
The amount of compensation to be paid by the Federal Government and
any cooperating agency, and the method of computation thereof, shall be
determined by the Secretary of Agriculture or the agent or agents
designated by him, in cooperation with the responsible officials of the
agency concerned and in a manner to assure that necessary records are
preserved to show full compliance with the provisions of this chapter
and regulations promulgated in accordance therewith. No payment shall
be made to any grower except after compliance in good faith with
regulations concerning the golden nematode promulgated by the Secretary
of Agriculture and the responsible official of the cooperating agency.
The determination by the Secretary of Agriculture, or his authorized
agent, of the amount of compensation to be provided by the Federal
Government for any grower shall be final.
(June 15, 1948, ch. 471, 6, 62 Stat. 443.)
07 USC 150f. Expenses; employment of personnel; printing and binding;
purchase of passenger-carrying vehicles
TITLE 7 -- AGRICULTURE
To carry out the purposes of this chapter the Secretary of
Agriculture is authorized to incur all necessary expenses, including the
employment of persons in the District of Columbia and elsewhere,
printing and binding, and the purchase of passenger-carrying vehicles.
(June 15, 1948, ch. 471, 7, 62 Stat. 443.)
07 USC 150g. Chapter as supplemental legislation
TITLE 7 -- AGRICULTURE
The provisions of this chapter are intended to supplement, and shall
not be construed as limiting or repealing existing legislation.
(June 15, 1948, ch. 471, 8, 62 Stat. 443.)
07 USC CHAPTER 7B -- PLANT PESTS
TITLE 7 -- AGRICULTURE
Sec.
150aa. Definitions.
150bb. Movement of pests; permit; permission by Secretary.
150cc. Mailing of pests; opening of mail; exception.
150dd. Emergency measures by Secretary.
(a) Remedial measures or disposal by Secretary.
(b) Additional remedial measures; payment of compensation;
authorization of appropriations.
(c) Ordering treatment or disposal by owner; procedure.
(d) Other adequate action to prevent dissemination.
(e) Compensation of owner for unauthorized disposal.
150ee. Regulations and conditions.
150ff. Inspections and seizures; warrants.
150gg. Violations.
(a) Criminal penalties.
(b) Civil penalty.
150hh. Separability.
150ii. Authority as additional.
150jj. Plant Quarantine Act unaffected.
07 USC 150aa. Definitions
TITLE 7 -- AGRICULTURE
As used in this chapter, except where the context otherwise requires:
(a) ''Secretary'' means the Secretary of Agriculture of the United
States or any other person to whom authority may be delegated to act in
his stead.
(b) ''Properly identified employee of the Department of Agriculture''
means an employee of that Department authorized to enforce the
provisions of the Plant Quarantine Act (7 U.S.C. 151 et seq.), and
wearing a suitable badge for identification, or otherwise properly
identified.
(c) ''Plant pest'' means any living stage of: Any insects, mites,
nematodes, slugs, snails, protozoa, or other invertebrate animals,
bacteria, fungi, other parasitic plants or reproductive parts thereof,
viruses, or any organisms similar to or allied with any of the
foregoing, or any infectious substances, which can directly or
indirectly injure or cause disease or damage in any plants or parts
thereof, or any processed, manufactured, or other products of plants.
(d) ''Living stage'' includes the egg, pupal, and larval stages as
well as any other living stage.
(e) ''United States'' means any of the States, Territories, or
Districts (including possessions and the District of Columbia) of the
United States.
(f) ''Interstate'' means from one State, Territory, or District
(including possessions and the District of Columbia) of the United
States into or through any other such State, Territory, or District.
(g) ''Move'' means ship, deposit for transmission in the mail,
otherwise offer for shipment, offer for entry, import, receive for
transportation, carry, or otherwise transport, or move, or allow to be
moved, by mail or otherwise.
(h) ''Plant Quarantine Act'' means the Act of August 20, 1912 (37
Stat. 315), as from time to time amended.
(i) ''Mexican Border Act'' means the Act of January 31, 1942 (56
Stat. 40), as from time to time amended.
(Pub. L. 85-36, title I, 102, May 23, 1957, 71 Stat. 31.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 85-36, May 23, 1957, 71 Stat. 31, as amended, which
enacted this chapter, amended sections 147a and 149 of this title,
repealed sections 141 to 144 and 441 of this title, and enacted
provisions set out as a note under section 147a of this title. For
complete classification of this Act to the Code, see Tables.
The Plant Quarantine Act, referred to in subsecs. (b) and (h), is
act Aug. 20, 1912, ch. 308, 37 Stat. 315, as amended, which is
classified generally to chapter 8 ( 151 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 151 of this title and Tables.
The Mexican Border Act, referred to in subsec. (i), is act Jan. 31,
1942, ch. 31, 56 Stat. 40, as amended, which is classified to section
149 of this title.
Section 101 of Pub. L. 85-36 provided that: ''This title (enacting
this chapter and provisions set out as a note under section 147a of this
title, amending section 149 of this title and repealing sections 141 to
144 and 441 of this title) may be cited as the 'Federal Plant Pest
Act'.''
07 USC 150bb. Movement of pests; permit; permission by Secretary
TITLE 7 -- AGRICULTURE
(a) Except as provided in subsection (c) of this section, no person
shall move any plant pest from a foreign country into or through the
United States, or interstate, or accept delivery of any plant pest
moving from any foreign country into or through the United States, or
interstate, unless such movement is authorized under general or specific
permit from the Secretary and is made in accordance with such conditions
as the Secretary may prescribe in the permit and in such regulations as
he may promulgate under this section to prevent the dissemination into
the United States, or interstate, of plant pests.
(b) The Secretary may refuse to issue a permit for the movement of
any plant pest when, in his opinion, such movement would involve a
danger of dissemination of such pests. The Secretary may permit the
movement of host materials otherwise barred under the Plant Quarantine
Act (7 U.S.C. 151 et seq.) when they must necessarily accompany the
plant pest to be moved.
(c) No person shall move any plant pest from Canada into or through
the United States or accept delivery of any plant pest moving from
Canada into or through the United States, unless such movement is made
in accordance with such regulations as the Secretary may promulgate
under this section to prevent the dissemination into the United States
of plant pests.
(Pub. L. 85-36, title I, 103, May 23, 1957, 71 Stat. 32; Pub. L.
97-461, 1(a), Jan. 12, 1983, 96 Stat. 2523; Pub. L. 100-449, title III,
301(f)(1), Sept. 28, 1988, 102 Stat. 1868.)
The Plant Quarantine Act, referred to in subsec. (b), is act Aug.
20, 1912, ch. 308, 37 Stat. 315, as amended, which is classified
generally to chapter 8 ( 151 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 151 of this title and Tables.
1988 -- Subsec. (a). Pub. L. 100-449, 301(f)(1)(A), substituted
''Except as provided in subsection (c) of this section, no person
shall'' for ''No person shall''.
Subsec. (c). Pub. L. 100-449, 301(f)(1)(B), added subsec. (c).
1983 -- Subsec. (a). Pub. L. 97-461 struck out ''knowingly''
wherever appearing.
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(
a), (c) of Pub. L. 100-449, set out in a note under section 2112 of
Title 19, Customs Duties.
07 USC 150cc. Mailing of pests; opening of mail; exception
TITLE 7 -- AGRICULTURE
(a) Except as provided in subsection (b) of this section, any letter,
parcel, box, or other package containing any plant pest, whether sealed
as letter-rate postal matter or not, is declared to be nonmailable, and
will not knowingly be conveyed in the mail or delivered from any post
office or by any mail carrier, except when accompanied by a copy of a
permit issued under this chapter.
(b) Any letter, parcel, box, or other package from Canada containing
any plant pest, whether sealed as letter-rate postal matter or not, is
declared to be nonmailable, and shall not knowingly be conveyed in the
mail or delivered from any post office or by any mail carrier, except in
accordance with such regulations as the Secretary may promulgate under
this section to prevent the dissemination into the United States of
plant pests.
(c) Nothing in this chapter shall authorize any person to open any
letter or other sealed matter except in accordance with the postal laws
and regulations.
(d) The prohibitions of this chapter shall not apply to any employee
of the United States in the performance of his duties in handling mail.
(Pub. L. 85-36, title I, 104, May 23, 1957, 71 Stat. 32; Pub. L.
100-449, title III, 301(f)(2), Sept. 28, 1988, 102 Stat. 1869.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
1988 -- Subsec. (a). Pub. L. 100-449, 301(f)(2)(A), substituted
''Except as provided in subsection (b) of this section, any letter'' for
''Any letter''.
Subsecs. (b) to (d). Pub. L. 100-449, 301(f)(2)(B), (C), added
subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and
(d), respectively.
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(
a), (c) of Pub. L. 100-449, set out in a note under section 2112 of
Title 19, Customs Duties.
07 USC 150dd. Emergency measures by Secretary
TITLE 7 -- AGRICULTURE
(a) Remedial measures or disposal by Secretary
Except as provided in subsection (c) of this section, the Secretary
may, whenever he deems it necessary as an emergency measure in order to
prevent the dissemination of any plant pest new to or not theretofore
known to be widely prevalent or distributed within and throughout the
United States, seize, quarantine, treat, apply other remedial measures
to, destroy, or otherwise dispose of, in such manner as he deems
appropriate, any product or article of any character whatsoever, or
means of conveyance, which is moving into or through the United States,
or interstate, and which he has reason to believe is infested or
infected by or contains any such plant pest, or which has moved into the
United States, or interstate, and which he has reason to believe was
infested or infected by or contained any such plant pest at the time of
such movement; and any plant pest, product, article, or means of
conveyance which is moving into or through the United States, or
interstate, or has moved into the United States, or interstate, in
violation of this chapter or any regulation thereunder: Provided, That
this subsection shall not authorize such action with respect to any
product, article, means of conveyance, or plant pest subject, at the
time of the proposed action, to disposal under the Plant Quarantine Act
(7 U.S.C. 151 et seq.).
(b) Additional remedial measures; payment of compensation;
authorization of appropriations
(1) Whereas, the existence of a plant pest new to or not theretofore
known to be widely prevalent or distributed within and throughout the
United States on any premises in the United States would constitute a
threat to crops, other plant life, and plant products of the Nation and
thereby seriously burden interstate or foreign commerce, whenever the
Secretary determines that an extraordinary emergency exists because of
the presence of such plant pest on any premises in the United States,
and that the presence of such plant pest anywhere in the United States
threatens the crops, other plant life, or plant products of the United
States, the Secretary may (A) seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of, in such manner
as the Secretary deems appropriate, any product or article of any
character whatsoever, or means of conveyance which the Secretary has
reason to believe is infested or infected by or contains any such plant
pest; (B) quarantine, treat, or apply other remedial measures to, in
such manner as the Secretary deems appropriate, any premises, including
articles on such premises which the Secretary has reason to believe are
infested or infected by any such plant pest: Provided, That any action
taken under clauses (A) and (B) shall be consistent with the provisions
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136 et seq.): Provided further, That such action may be taken under
this subsection only if the Secretary finds after review of measures
taken by the State or other jurisdiction and after consultation with the
Governor that the measures being taken are inadequate. Before any
action is taken in any State or other jurisdiction under this
subsection, the Secretary shall notify the Governor of the State or
other jurisdiction, shall issue a public announcement and shall file a
statement for publication in the Federal Register of the action the
Secretary intends to take together with the findings and reasons
therefor: Provided, That if it is not possible to make such a filing
with the Federal Register prior to taking action, the filing shall be
made within a reasonable time, not to exceed five business days, after
commencement of the action. If the Secretary wishes to change any
action previously taken under this subsection, the Secretary shall
follow the procedure set forth in the preceding sentence. The cost of
any action taken by the Secretary under this subsection shall be at the
expense of the United States.
(2) The Secretary may pay compensation to producers and other persons
for economic losses incurred by them as a result of the quarantine,
destruction, or other action taken under the authority of paragraph (1)
of this subsection. The determination by the Secretary of the amount of
any compensation to be paid under this subsection shall be final.
(3) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subsection.
(c) Ordering treatment or disposal by owner; procedure
Except as provided in subsection (c) of this section, the Secretary
may order the owner of any product, article, means of conveyance, or
plant pest subject to disposal under subsection (a) of this section, or
his agent, to treat, apply other remedial measures to, destroy, or make
other disposal of such product, article, means of conveyance, or plant
pest, without cost to the Federal Government and in such manner as the
Secretary deems appropriate. The Secretary may apply to the United
States district court, or to the United States court of any Territory or
possession, for the judicial district in which such person resides or
transacts business or in which the product, article, means of
conveyance, or plant pest is found, for enforcement of such order by
injunction, mandatory or otherwise. Process in any such case may be
served in any judicial district wherein the defendant resides or
transacts business or may be found, and subpena for witnesses who are
required to attend a court in any judicial district in such a case may
run into any other judicial district.
(d) Other adequate action to prevent dissemination
No product, article, means of conveyance, or plant pest shall be
destroyed, exported, or returned to shipping point of origin, or ordered
to be destroyed, exported, or so returned under this section, unless in
the opinion of the Secretary there is no less drastic action which would
be adequate to prevent the dissemination of plant pests new to or not
theretofore known to be widely prevalent or distributed within and
throughout the United States.
(e) Compensation of owner for unauthorized disposal
The owner of any product, article, means of conveyance, or plant pest
destroyed, or otherwise disposed of by the Secretary under this section,
may bring an action against the United States in the United States
District Court for the District of Columbia, within one year after such
destruction or disposal, and recover just compensation for such
destruction or disposal of such product, article, means of conveyance,
or plant pest (not including compensation for loss due to delays
incident to determining eligibility for movement into or through the
United States or for interstate movement) if the owner establishes that
neither this section nor the Plant Quarantine Act (7 U.S.C. 151 et seq.)
authorized such destruction or disposal. Any judgment rendered in favor
of such owner shall be paid out of the money in the Treasury
appropriated for plant disease and pest control activities of the
Department of Agriculture.
(Pub. L. 85-36, title I, 105, May 23, 1957, 71 Stat. 32; Pub. L.
97-98, title XI, 1119(1), Dec. 22, 1981, 95 Stat. 1272.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
The Plant Quarantine Act, referred to in subsecs. (a) and (d), is
act Aug. 20, 1912, ch. 308, 37 Stat. 315, as amended, which is
classified generally to chapter 8 ( 151 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 151 of this title and Tables.
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to
in subsec. (b), is act June 25, 1947, ch. 125, as amended generally by
Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is classified
generally to subchapter II ( 136 et seq.) of chapter 6 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 136 of this title and Tables.
1981 -- Subsecs. (b) to (e). Pub. L. 97-98 added subsec. (b) and
redesignated former subsecs. (b) to (d) as (c) to (e), respectively.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
Subpoena, see rule 45, Title 28, Appendix, Judiciary and Judicial
Procedure.
07 USC 150ee. Regulations and conditions
TITLE 7 -- AGRICULTURE
The Secretary may promulgate such regulations requiring inspection of
products and articles of any character whatsoever and means of
conveyance, specified in the regulations, as a condition of their
movement into or through the United States, or interstate, and imposing
other conditions upon such movement, as he deems necessary to prevent
the dissemination into the United States, or interstate, of plant pests,
in any situation in which such regulations are not authorized under the
Plant Quarantine Act (7 U.S.C. 151 et seq.).
(Pub. L. 85-36, title I, 106, May 23, 1957, 71 Stat. 33.)
The Plant Quarantine Act, referred to in text, is act Aug. 20, 1912,
ch. 308, 37 Stat. 315, as amended, which is classified generally to
chapter 8 ( 151 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 151 of
this title and Tables.
07 USC 150ff. Inspections and seizures; warrants
TITLE 7 -- AGRICULTURE
Any properly identified employee of the Department of Agriculture
shall have authority to stop and inspect, without a warrant, any persons
or means of conveyance moving into the United States, and any plant
pests and any products and articles of any character whatsoever carried
thereby, to determine whether such persons or means of conveyance are
carrying any plant pest contrary to this chapter and whether any such
means of conveyance, products, or articles are infested or infected by
or contain any plant pest or are moving in violation of any regulation
under this chapter; to stop and inspect, without a warrant, any persons
or means of conveyance moving interstate, and any plant pests and any
products and articles of any character whatsoever carried thereby, upon
probable cause to believe that such means of conveyance, products, or
articles are infested or infected by or contain any plant pest or are
moving subject to any regulation under this chapter, or that such
persons or means of conveyance are carrying any plant pest subject to
this chapter; to stop and inspect without a warrant any person or means
of conveyance moving intrastate upon probable cause to believe that the
person or conveyance is carrying any product or article subject to
treatment or disposal under the provisions of this chapter or the
regulations issued thereunder; and to enter, with a warrant, any
premises in the United States, other than places which may be entered
under section 167 of this title, to make any inspections and seizures
necessary under this chapter. Any judge of the United States or of a
court of record of any State, Territory or possession, or a United
States magistrate judge, may, within his respective jurisdiction, upon
proper oath or affirmation showing probable cause to believe that there
are on certain premises any products, articles, means of conveyance, or
plant pests regulated or subject to disposal under this chapter, issue
warrants for the entry of such premises to make any inspections or
seizures under this chapter. Such warrants may be executed by any
authorized employee of the Department of Agriculture.
(Pub. L. 85-36, title I, 107, May 23, 1957, 71 Stat. 34; Pub. L.
90-578, title IV, 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L.
97-98, title XI, 1119(2), Dec. 22, 1981, 95 Stat. 1273; Pub. L.
101-650, title III, 321, Dec. 1, 1990, 104 Stat. 5117.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
1981 -- Pub. L. 97-98 inserted ''to stop and inspect without a
warrant any person or means of conveyance moving intrastate upon
probable cause to believe that the person or conveyance is carrying any
product or article subject to treatment or disposal under the provisions
of this Act or the regulations issued thereunder;'' after ''subject to
this chapter;''.
''United States magistrate judge'' substituted for ''United States
magistrate'' in text pursuant to section 321 of Pub. L. 101-650, set
out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure. Previously, ''United States magistrate'' substituted for
''United States commissioner'' pursuant to Pub. L. 90-578. See chapter
43 ( 631 et seq.) of Title 28.
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section
1801 of Pub. L. 97-98, set out as an Effective Date note under section
4301 of this title.
07 USC 150gg. Violations
TITLE 7 -- AGRICULTURE
(a) Criminal penalties
Any person who --
(1) knowingly violates section 150bb of this title or any regulation
promulgated under this chapter;
(2) knowingly forges or counterfeits any permit or other document
provided for by this chapter or by any such regulation; or
(3) knowingly and without the authority of the Secretary, uses,
alters, or defaces any such permit or document;
shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding $5,000, by imprisonment not exceeding one year, or both.
(b) Civil penalty
Any person who --
(1) violates section 150bb of this title or any regulation
promulgated under this chapter;
(2) forges or counterfeits any permit or other document provided for
by this chapter or by any such regulation; or
(3) without the authority of the Secretary, uses, alters, or defaces
any such permit or document;
may be assessed a civil penalty by the Secretary not exceeding
$1,000. The Secretary may issue an order assessing such civil penalty
only after notice and an opportunity for an agency hearing on the
record. Such order shall be treated as a final order reviewable under
chapter 158 of title 28. The validity of such order may not be reviewed
in an action to collect such civil penalty.
(Pub. L. 85-36, title I, 108, May 23, 1957, 71 Stat. 34; Pub. L.
97-461, 1(b), Jan. 12, 1983, 96 Stat. 2523.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
1983 -- Pub. L. 97-461 designated existing provisions as subsec.
(a), divided existing provisions among pars. (1) through (3),
substituted ''$5,000'' for ''$500'', and added subsec. (b).
07 USC 150hh. Separability
TITLE 7 -- AGRICULTURE
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the remainder of the chapter
and the application of such provision to other persons and circumstances
shall not be affected thereby.
(Pub. L. 85-36, title I, 109, May 23, 1957, 71 Stat. 34.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
07 USC 150ii. Authority as additional
TITLE 7 -- AGRICULTURE
The authority conferred by this chapter shall be in addition to
authority conferred by other statues not specifically repealed hereby.
(Pub. L. 85-36, title I, 111, May 23, 1957, 71 Stat. 34.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
Section constitutes first sentence of section 111 of Pub. L. 85-36.
Second sentence of section 111 is classified as section 150jj of this
title. Third sentence of section 111 repealed sections 141 to 144, and
441 of this title. Remainder of section 111 is set out as a note under
section 147a of this title.
07 USC 150jj. Plant Quarantine Act unaffected
TITLE 7 -- AGRICULTURE
Nothing in this chapter shall amend or repeal any of the provisions
of the Plant Quarantine Act (7 U.S.C. 151 et seq.).
(Pub. L. 85-36, title I, 111, May 23, 1957, 71 Stat. 35.)
In the original, ''this chapter'' was ''this Act''. See note set out
under section 150aa of this title.
The Plant Quarantine Act, referred to in text, is act Aug. 20, 1912,
ch. 308, 37 Stat. 315, as amended, which is classified generally to
chapter 8 ( 151 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 151 of
this title and Tables.
Section constitutes second sentence of section 111 of Pub. L.
85-36. For disposition of remainder of section 111, see Codification
note set out under section 150ii of this title.
07 USC CHAPTER 8 -- NURSERY STOCK AND OTHER PLANTS AND PLANT PRODUCTS
TITLE 7 -- AGRICULTURE
Sec.
151. ''Person'' defined.
152. ''Nursery stock'' defined.
153. Liability of principal for act of agent.
154. General restriction on importation of nursery stock;
exceptions.
155. Importation for scientific purposes permitted.
156. Notification of arrival at port of entry; forwarding without
notification forbidden; inspection before shipment.
157. Marking packages, etc., for entry.
158. Marking packages, etc., for interstate shipment; inspection.
159. Regulations by Secretary restricting importation of plants,
etc., other than ''nursery stock''.
160. Regulations by Secretary restricting importation from
insect-infested locality; when quarantine effective.
161. Interstate quarantine; shipments or removals from quarantined
localities forbidden; regulations by Secretary for shipment, etc., from
quarantined localities; promulgation.
161a. Omitted.
162. Rules and regulations.
163. Violations; forgery, alterations, etc., of certificates;
punishment; civil penalty.
164. Duty of United States attorneys to prosecute.
164a. Enforcement of quarantine against nursery stock and plant
products; search and seizure.
165, 165a. Repealed or Omitted.
166. State terminal inspection; transmission of mailed packages for
State inspection; nonmailable matter; punishment for violations;
rules and regulations by United States Postal Service.
167. Rules governing District of Columbia.
section 3014.
07 USC 151. ''Person'' defined
TITLE 7 -- AGRICULTURE
The word ''person'' as used in this chapter shall be construed to
import both the plural and the singular, as the case demands, and shall
include corporations, companies, societies, and associations.
(Aug. 20, 1912, ch. 308, 11, 37 Stat. 319.)
Section is comprised of a part of section 11 of act Aug. 20, 1912.
Other provisions of section 11 are classified to section 153 of this
title.
Section 14 of act Aug. 20, 1912, provided: ''That this Act
(enacting this chapter) shall become and be effective from and after the
first day of October, nineteen hundred and twelve, except as herein
otherwise provided.''
Act Aug. 20, 1912, as amended, which is classified to this chapter
is popularly known as the ''Nursery Stock Quarantine Act'' and the
''Plant Quarantine Act''.
Words denoting number, etc., see section 1 of Title 1, General
Provisions.
07 USC 152. ''Nursery stock'' defined
TITLE 7 -- AGRICULTURE
For the purpose of this chapter the term ''nursery stock'' shall
include all field-grown florists' stock, trees, shrubs, vines, cuttings,
grafts, scions, buds, fruit pits, and other seeds of fruit and
ornamental trees or shrubs, and other plants and plant products for
propagation, except field, vegetable, and flower seeds, bedding plants,
and other herbaceous plants, bulbs, and roots.
(Aug. 20, 1912, ch. 308, 6, 37 Stat. 317.)
Regulations restricting importation of plants, etc., other than
nursery stock, see section 159 of this title.
title 39 section 3014.
07 USC 153. Liability of principal for act of agent
TITLE 7 -- AGRICULTURE
When construing and enforcing the provisions of this chapter, the
act, omission, or failure of any officer, agent, or other person acting
for or employed by any corporation, company, society, or association,
within the scope of his employment or office, shall in every case be
also deemed to be the act, omission, or failure of such corporation,
company, society, or association as well as that of the person.
(Aug. 20, 1912, ch. 308, 11, 37 Stat. 319.)
Section is composed of part of section 11 of act Aug. 20, 1912.
Other provisions of section 11 are classified to section 151 of this
title.
07 USC 154. General restriction on importation of nursery stock;
exceptions
TITLE 7 -- AGRICULTURE
It shall be unlawful for any person to import or offer for entry into
the United States any nursery stock unless and until a permit shall have
been issued therefor by the Secretary of Agriculture, under such
conditions and regulations as the said Secretary of Agriculture may
prescribe, and unless such nursery stock shall be accompanied by a
certificate of inspection, in manner and form as required by the
Secretary of Agriculture, of the proper official of the country from
which the importation is made, to the effect that the stock has been
thoroughly inspected and is believed to be free from injurious plant
diseases and insect pests: Provided, That the Secretary of Agriculture
may waive the permit requirement for nursery stock imported or offered
for entry from Canada: Provided further, That the Secretary of
Agriculture shall issue the permit for any particular importation of
nursery stock when the conditions and regulations as prescribed in this
chapter shall have been complied with: Provided further, That nursery
stock may be imported for experimental or scientific purposes by the
Department of Agriculture upon such conditions and under such
regulations as the said Secretary of Agriculture may prescribe: And
provided further, That nursery stock imported from countries where no
official system of inspection for such stock is maintained may be
admitted upon such conditions and under such regulations as the
Secretary of Agriculture may prescribe: And provided further, That the
Secretary of Agriculture is authorized to limit entry of nursery stock
from foreign countries under such rules and regulations as he may deem
necessary, including the requirement, if necessary, that such nursery
stock be grown under postentry quarantine by or under the supervision of
the United States Department of Agriculture for the purpose of
determining whether imported nursery stock may be infested or infected
with plant pests not discernible by port-of-entry inspection and
provided that if imported nursery stock is found to be infested or
infected with such plant pests, he is authorized to prescribe remedial
measures as he may deem necessary to prevent the spread thereof.
(Aug. 20, 1912, ch. 308, 1, 37 Stat. 315; July 31, 1947, ch. 405, 61
Stat. 680; Sept. 28, 1988, Pub. L. 100-449, title III, 301(f)(3)( A),
102 Stat. 1869.)
1988 -- Pub. L. 100-449 struck out ''Provided'' the first place it
appeared and inserted in lieu thereof ''Provided, That the Secretary of
Agriculture may waive the permit requirement for nursery stock imported
or offered for entry from Canada: Provided further''.
1947 -- Act July 31, 1947, inserted last proviso.
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(
a), (c) of Pub. L. 100-449, set out in a note under section 2112 of
Title 19, Customs Duties.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
Plants, etc., other than nursery stock as subject to provisions of
this section, see section 159 of this title.
07 USC 155. Importation for scientific purposes permitted
TITLE 7 -- AGRICULTURE
Any class of nursery stock or of any other class of plants, fruits,
vegetables, roots, bulbs, seeds, or other plant products of which the
importation may be forbidden from any country or locality under the
provisions of section 160 of this title may be imported for experimental
or scientific purposes by the Department of Agriculture upon such
conditions and under such regulations as the said Secretary of
Agriculture may prescribe.
(Mar. 4, 1913, ch. 145, 1 (part), 37 Stat. 854.)
Section was enacted as part of the Agricultural Appropriation Act,
1914, and not as part of the ''Plant Quarantine Act'' which comprises
this chapter.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
07 USC 156. Notification of arrival at port of entry; forwarding
without notification forbidden; inspection before shipment
TITLE 7 -- AGRICULTURE
It shall be the duty of the Secretary of the Treasury promptly to
notify the Secretary of Agriculture of the arrival of any nursery stock
at port of entry. The person receiving such stock at port of entry
shall, immediately upon entry and before such stock is delivered for
shipment or removed from the port of entry, advise the Secretary of
Agriculture or, at his direction, the proper State, Territorial, or
District official of the State or Territory or the District to which
such nursery stock is destined, or both, as the Secretary of Agriculture
may elect, of the name and address of the consignee, the nature and
quantity of the stock it is proposed to ship, and the country and
locality where the same was grown. No person shall ship or offer for
shipment from one State or Territory or District of the United States
into any other State or Territory or District, any nursery stock
imported into the United States without notifying the Secretary of
Agriculture or, at his direction, the proper State, Territorial, or
District official of the State or Territory or District to which such
nursery stock is destined, or both, as the Secretary of Agriculture may
elect, immediately upon the delivery of the said stock for shipment, of
the name and address of the consignee, of the nature and quantity of
stock it is proposed to ship, and the country and locality where the
same was grown, unless and until such imported stock has been inspected
by the proper official of a State, Territory, or District of the United
States. This section shall not apply to nursery stock that arrives
from, or is imported from, Canada.
(Aug. 20, 1912, ch. 308, 2, 37 Stat. 316; Sept. 28, 1988, Pub. L.
100-449, title III, 301(f)(3)(B), 102 Stat. 1869.)
1988 -- Pub. L. 100-449 inserted at end ''This section shall not
apply to nursery stock that arrives from, or is imported from, Canada.''
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(
a), (c) of Pub. L. 100-449, set out in a note under section 2112 of
Title 19, Customs Duties.
Plants, etc., other than nursery stock as subject to provisions of
this section, see section 159 of this title.
07 USC 157. Marking packages, etc., for entry
TITLE 7 -- AGRICULTURE
No person shall import or offer for entry into the United States any
nursery stock unless the case, box, package, crate, bale, or bundle
thereof shall be plainly and correctly marked to show the general nature
and quantity of the contents, the country and locality where the same
was grown, the name and address of the shipper, owner, or person
shipping or forwarding the same, and the name and address of the
consignee.
(Aug. 20, 1912, ch. 308, 3, 37 Stat. 316.)
Plants, etc., other than nursery stock as subject to provisions of
this section, see section 159 of this title.
Prohibition against mailing packages into a state maintaining
terminal inspection without marking the contents on the outside, see
section 166 of this title.
07 USC 158. Marking packages, etc., for interstate shipment;
inspection
TITLE 7 -- AGRICULTURE
No person shall ship or deliver for shipment from one State or
Territory or District of the United States into any other State or
Territory or District any such imported nursery stock the case, box,
package, crate, bale, or bundle whereof is not plainly marked so as to
show the general nature and quantity of the contents, the name and
address of the consignee, and the country and locality where such stock
was grown, unless and until such imported stock has been inspected by
the proper official of a State, Territory, or District of the United
States.
(Aug. 20, 1912, ch. 308, 4, 37 Stat. 316.)
Plants, etc., other than nursery stock as subject to provisions of
this section, see section 159 of this title.
Prohibition against mailing packages into a State maintaining
terminal inspection without marking the contents on the outside, see
section 166 of this title.
07 USC 159. Regulations by Secretary restricting importation of plants,
etc., other than ''nursery stock''
TITLE 7 -- AGRICULTURE
Whenever the Secretary of Agriculture shall determine that the
unrestricted importation of any plants, fruits, vegetables, roots,
bulbs, seeds, or other plant products not included by the term ''nursery
stock'' as defined in section 152 of this title may result in the entry
into the United States or any of its Territories or Districts of
injurious plant diseases or insect pests he shall promulgate his
determination, specifying the class of plants and plant products the
importation of which shall be restricted and the country and locality
where they are grown, and thereafter, and until such promulgation is
withdrawn, such plants and plant products imported or offered for import
into the United States or any of its Territories or Districts shall be
subject to all the provisions of sections 154 and 156 to 158 of this
title.
(Aug. 20, 1912, ch. 308, 5, 37 Stat. 316; Jan. 8, 1983, Pub. L.
97-432, 1(1), 96 Stat. 2276.)
1983 -- Pub. L. 97-432 struck out provision directing the Secretary
to hold a hearing before promulgating a determination under this
section.
07 USC 160. Regulations by Secretary restricting importation from
insect-infested locality; when quarantine effective
TITLE 7 -- AGRICULTURE
Whenever, in order to prevent the introduction into the United States
of any tree, plant, or fruit disease or of any injurious insect, new to
or not theretofore widely prevalent or distributed within and throughout
the United States, the Secretary of Agriculture shall determine that it
is necessary to forbid the importation into the United States of any
class of nursery stock or of any other class of plants, fruits,
vegetables, roots, bulbs, seeds, or other plant products from a country
or locality where such disease or insect infestation exists, he shall
promulgate such determination, specifying the country and locality and
the class of nursery stock or other class of plants, fruits, vegetables,
roots, bulbs, seeds, or other plant products which, in his opinion,
should be excluded. Following the promulgation of such determination by
the Secretary of Agriculture, and until the withdrawal of the said
promulgation by him, the importation of the class of nursery stock or of
other class of plants, fruits, vegetables, roots, bulbs, seeds, or other
plant products specified in the said promulgation from the country and
locality therein named, regardless of the use for which the same is
intended, is hereby prohibited; and until the withdrawal of the said
promulgation by the Secretary of Agriculture, and notwithstanding that
such class of nursery stock, or other class of plants, fruits,
vegetables, roots, bulbs, seeds, or other plant products be accompanied
by a certificate of inspection from the country of importation, no
person shall import or offer for entry into the United States from any
country or locality specified in such promulgation, any of the class of
nursery stock or of other class of plants, fruits, vegetables, roots,
bulbs, seeds, or other plant products named therein, regardless of the
use for which the same is intended: Provided, That the quarantine
provisions of this section, as applying to the white-pine blister rust,
potato wart, and the Mediterranean fruit fly, shall become and be
effective on August 20, 1912.
(Aug. 20, 1912, ch. 308, 7, 37 Stat. 317; Jan. 8, 1983, Pub. L.
97-432, 1(2), 96 Stat. 2276.)
1983 -- Pub. L. 97-432 struck out provision directing Secretary to
hold a hearing before promulgating a determination of necessity of
forbidding importation.
Section effective Oct. 1, 1912, see note set out under section 151
of this title.
Importation for scientific purposes permitted, see section 155 of
this title.
07 USC 161. Interstate quarantine; shipments or removals from
quarantined localities forbidden; regulations by Secretary for
shipment, etc., from quarantined localities; promulgation
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture is authorized and directed to quarantine
any State, Territory, or District of the United States, or any portion
thereof, when he shall determine that such quarantine is necessary to
prevent the spread of a dangerous plant disease or insect infestation,
new to or not theretofore widely prevalent or distributed within and
throughout the United States. No person shall ship or offer for
shipment to any common carrier nor shall any common carrier receive for
transportation or transport, nor shall any person carry or transport
from any quarantined State or Territory or District of the United
States, or from any quarantined portion thereof, into or through any
other State or Territory or District, any class of nursery stock or any
other class of plants, fruits, vegetables, roots, bulbs, seeds, or other
plant products, or any class of stone or quarry products, or any other
article of any character whatsoever, capable of carrying any dangerous
plant disease or insect infestation, specified in the notice of
quarantine except as hereinafter provided. It shall be unlawful to
move, or allow to be moved, any class of nursery stock or any other
class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant
products, or any class of stone or quarry products or any other article
of any character whatsoever, capable of carrying any dangerous plant
disease or insect infestation, specified in the notice of quarantine
hereinbefore provided, and regardless of the use for which the same is
intended, from any quarantined State or Territory or District of the
United States or quarantined portion thereof, into or through any other
State or Territory or District, in manner or method or under conditions
other than those prescribed by the Secretary of Agriculture. It shall
be the duty of the Secretary of Agriculture, when the public interests
will permit, to make and promulgate rules and regulations which shall
permit and govern the inspection, disinfection, certification, and
method and manner of delivery and shipment of the class of nursery stock
or of any other class of plants, fruits, vegetables, roots, bulbs,
seeds, or other plant products, or any class of stone or quarry
products, or any other article of any character whatsoever, capable of
carrying any dangerous plant disease or insect infestation, specified in
the notice of quarantine hereinbefore provided, and regardless of the
use for which the same is intended, from a quarantined State or
Territory or District of the United States, or quarantined portion
thereof, into or through any other State or Territory or District:
Provided, That until the Secretary of Agriculture shall have made a
determination that such a quarantine is necessary and has duly
established the same with reference to any dangerous plant disease or
insect infestation, as hereinabove provided, nothing in this chapter
shall be construed to prevent any State, Territory, Insular Possession,
or District from promulgating, enacting, and enforcing any quarantine,
prohibiting or restricting the transportation of any class of nursery
stock, plant, fruit, seed, or other product or article subject to the
restrictions of this section, into or through such State, Territory,
District, or portion thereof, from any other State, Territory, District,
or portion thereof, when it shall be found, by the State, Territory, or
District promulgating or enacting the same, that such dangerous plant
disease or insect infestation exists in such other State, Territory,
District, or portion thereof: Provided further, That the Secretary of
Agriculture is authorized, whenever he deems such action advisable and
necessary to carry out the purposes of this chapter, to cooperate with
any State, Territory, or District, in connection with any quarantine,
enacted or promulgated by such State, Territory, or District, as
specified in the preceding proviso: Provided further, That any nursery
stock, plant, fruit, seed, or other product or article, subject to the
restrictions of this section, a quarantine with respect to which shall
have been established by the Secretary of Agriculture under the
provisions of this chapter shall, when transported to, into, or through
any State, Territory, or District, in violation of such quarantine, be
subject to the operation and effect of the laws of such State,
Territory, or District, enacted in the exercise of its police powers, to
the same extent and in the same manner as though such nursery stock,
plant, fruit, seed, or other product or article had been produced in
such State, Territory, or District, and shall not be exempt therefrom by
reason of being introduced therein in original packages or otherwise.
(Aug. 20, 1912, ch. 308, 8, 37 Stat. 318; Mar. 4, 1917, ch. 179, 39
Stat. 1165; Apr. 13, 1926, ch. 135, 44 Stat. 250; Oct. 10, 1978, Pub.
L. 95-439, 4, 92 Stat. 1062; Jan. 8, 1983, Pub. L. 97-432, 1( 3), 96
Stat. 2276.)
1983 -- Pub. L. 97-432 struck out provision directing Secretary to
hold a hearing before promulgating a determination of necessity to
quarantine.
1978 -- Pub. L. 95-439 struck out provisions requiring the Secretary
of Agriculture to give notice of the establishment of a quarantine to
common carriers doing business in or through the quarantined area, to
publish notice of the establishment of the quarantine in newspapers in
the quarantined area, and to give notice of the rules and regulations
provided for in this section for the notice of establishment of
quarantine.
1926 -- Act Apr. 13, 1926, inserted last three provisos.
1917 -- Act Mar. 4, 1917, substituted ''that such quarantine is
necessary to prevent the spread of'' for ''the fact that,'' in first
sentence, inserted ''or any class of stone or quarry products, or any
other article of any character whatsoever, capable of carrying any
dangerous plant disease or insect infection'' after the first three
references to ''seeds, or other plant products,'', and inserted ''when
the public interest will permit'' after ''That it shall be the duty of
the Secretary of Agriculture''.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
07 USC 161a. Omitted
TITLE 7 -- AGRICULTURE
Section was from the Department of Agriculture Appropriation Act,
1945, act June 28, 1944, ch. 296, 58 Stat. 440, related to disposition
of moneys from inspection and certification of domestic plants and plant
products for export, and was not repeated in subsequent appropriation
acts.
Similar provisions were contained in prior appropriation acts as
follows:
July 12, 1943, ch. 215, 57 Stat. 408.
July 22, 1942, ch. 516, 56 Stat. 686.
07 USC 162. Rules and regulations
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture shall make and promulgate such rules and
regulations as may be necessary for carrying out the purposes of this
chapter.
(Aug. 20, 1912, ch. 308, 9, 37 Stat. 318.)
07 USC 163. Violations; forgery, alterations, etc., of certificates;
punishment; civil penalty
TITLE 7 -- AGRICULTURE
Any person who knowingly violates any provision of this chapter or
any rule or regulation promulgated by the Secretary of Agriculture under
this chapter, or who knowingly forges or counterfeits any certificate
provided for in this chapter or in any such rule or regulation, or who,
knowingly and without the authority of the Secretary, uses, alters,
defaces, or destroys any such certificate shall be deemed guilty of a
misdemeanor and shall, upon conviction thereof, be punished by a fine
not exceeding $5,000, by imprisonment not exceeding one year, or both.
Any person who violates any such provision, rule, or regulation, or who
forges or counterfeits any such certificate, or who, without the
authority of the Secretary, uses, alters, defaces, or destroys any such
certificate, may be assessed a civil penalty by the Secretary not
exceeding $1,000. The Secretary may issue an order assessing such civil
penalty only after notice and an opportunity for an agency hearing on
the record. Such order shall be treated as a final order reviewable
under chapter 158 of title 28. The validity of such order may not be
reviewed in an action to collect such civil penalty.
(Aug. 20, 1912, ch. 308, 10, 37 Stat. 318; Jan. 12, 1983, Pub. L.
97-461, 2, 96 Stat. 2523.)
Section is composed of part of section 10 of act Aug. 20, 1912.
Other provisions of section 10 are classified to sections 164 and 164a
of this title. Section is also set out in D.C. Code, 6-1105.
1983 -- Pub. L. 97-461 added the element of knowledge to the
definition of all violations, added use and the lack of authority from
the Secretary to the definition of the group of violations including
alteration, defacement or destruction of certificates, substituted
criminal penalties of a fine not exceeding $5,000 or a year's
imprisonment or both for a fine of $500 or a year's imprisonment or both
in the discretion of the court, inserted provisions relating to civil
penalties, and struck out provision that no common carrier would be
deemed to have violated sections 152, 154, 156 to 161, and 162 of this
title on proof that such carrier did not knowingly receive for
transportation or transport nursery stock or other plants or plant
products as such in the United States.
District of Columbia, violation of rules and regulations, see section
167 of this title.
07 USC 164. Duty of United States attorneys to prosecute
TITLE 7 -- AGRICULTURE
It shall be the duty of the United States attorneys diligently to
prosecute any violations of this chapter which are brought to their
attention by the Secretary of Agriculture or which come to their notice
by other means.
(Aug. 20, 1912, ch. 308, 10, 37 Stat. 318.)
Section is composed of part of section 10 of act Aug. 20, 1912.
Other provisions of section 10 are classified to sections 163 and 164a
of this title. Section is also set out in D.C. Code, 6-1105.
07 USC 164a. Enforcement of quarantine against nursery stock and plant
products; search and seizure
TITLE 7 -- AGRICULTURE
Any employee of the Department of Agriculture, authorized by the
Secretary of Agriculture to enforce the provisions of this chapter and
furnished with and wearing a suitable badge for identification, who has
probable cause to believe that any person coming into the United States,
or any vehicle, receptacle, boat, ship, or vessel, coming from any
country or countries or moving interstate, possesses, carries, or
contains any nursery stock, plants, plant products, or other articles
the entry or movement of which in interstate or foreign commerce is
prohibited or restricted by the provisions of this chapter, or by any
quarantine or order of the Secretary of Agriculture issued or
promulgated pursuant thereto, shall have power to stop and, without
warrant, to inspect, search, and examine such person, vehicle,
receptacle, boat, ship, or vessel, and to seize, destroy, or otherwise
dispose of, such nursery stock, plants, plant products, or other
articles found to be moving or to have been moved in interstate commerce
or to have been brought into the United States in violation of this
chapter, or of such quarantine or order.
(Aug. 20, 1912, ch. 308, 10, as added May 1, 1928, ch. 462, 45 Stat.
468.)
Section is composed of part of section 10 of act Aug. 20, 1912.
Other provisions of section 10 are classified to sections 163 and 164 of
this title.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
07 USC 165. Repealed. Pub. L. 88-448, title IV, 402(a)(13), Aug. 19,
1964, 78 Stat. 493
TITLE 7 -- AGRICULTURE
Section, act Aug. 20, 1912, ch. 308, 12, 37 Stat. 319, related to
appointment of members of a Federal Horticultural Board from among
employees of Department of Agriculture.
Repeal effective on first day of first month which begins later than
ninetieth day following Aug. 19, 1964, see section 403 of Pub. L.
88-448.
07 USC 165a. Omitted
TITLE 7 -- AGRICULTURE
Section, act May 16, 1928, ch. 572, 45 Stat. 565, provided that the
functions of the Federal Horticultural Board should devolve upon and be
exercised by the Plant Quarantine and Control Administration. Said act
also created an Advisory Federal Plant Quarantine Board which was
abolished by act Mar. 3, 1933, ch. 203, 47 Stat. 1463.
Appropriations to enable the Secretary of Agriculture to carry into
effect the provisions of this chapter, which in prior appropriation acts
had been made to the Plant Quarantine and Control Administration, were
made to the Bureau of Plant Quarantine by the appropriation act of July
7, 1932, ch. 443, 47 Stat. 640, and to the Bureau of Entomology and
Plant Quarantine by the appropriation act of Mar. 26, 1934, ch. 89, 48
Stat. 486, and subsequent appropriation acts.
07 USC 166. State terminal inspection; transmission of mailed packages
for State inspection; nonmailable matter; punishment for violations;
rules and regulations by United States Postal Service
TITLE 7 -- AGRICULTURE
When any State shall provide for terminal inspection of plants and
plant products, and shall establish and maintain, at the sole expense of
the State, such inspection at one or more places therein, the proper
officials of said State may submit to the Secretary of Agriculture a
list of plants and plant products and the plant pests transmitted
thereby, that in the opinion of said officials should be subject to
terminal inspection in order to prevent the introduction or
dissemination in said State of pests injurious to agriculture. Upon his
approval of said list, in whole or in part, the Secretary of Agriculture
shall transmit the same to the United States Postal Service, and
thereafter all packages containing any plants or plant products named in
said approved lists shall, upon payment of postage therefor, be
forwarded by the postmaster at the destination of said package to the
proper State official at the nearest place where inspection is
maintained. If the plants or plant products (including seed) are found
upon inspection to be free from injurious pests and not in violation of
a plant-quarantine law or plant-quarantine regulation of the United
States Department of Agriculture or of the State of destination
pertaining to such injurious pests, or if infected shall be disinfected
by said official, they shall upon payment of postage therefor be
returned to the postmaster at the place of inspection to be forward /1/
to the person to whom they are addressed; but if found to be infected
with injurious pests and incapable of satisfactory disinfection or in
violation of a plant-quarantine law or plant-quarantine regulation of
the United States Department of Agriculture or of the State of
destination pertaining to such injurious pests, the State inspector
shall so notify the postmaster at the place of inspection who shall
promptly notify the sender of said plants or plant products that they
will be returned to him upon his request and at his expense, or in
default of such request that they will be turned over to the State
authorities for destruction.
It shall be unlawful for any person, firm, or corporation to deposit
in the United States mails any package containing any plant or plant
product addressed to any place within a State maintaining inspection
thereof, as herein defined, without plainly marking the package so that
its contents may be readily ascertained by an inspection of the outside
thereof. Whoever shall fail to so mark said packages shall be punished
by a fine of not more than $100.
The United States Postal Service is authorized and directed to make
all needful rules and regulations for carrying out the purposes hereof.
(Mar. 4, 1915, ch. 144, 38 Stat. 1113; June 4, 1936, ch. 495, 49
Stat. 1461; Aug. 12, 1970, Pub. L. 91-375, 4(a), 84 Stat. 773.)
Section was enacted as part of the Agricultural Appropriation Act,
1916, and not as part of the ''Plant Quarantine Act'' which comprises
this chapter.
1936 -- Act June 4, 1936, amended last sentence of first par. by
changing introductory word ''plant'' to ''plants'', inserting
''(including seed)'', ''and not in violation of a plant-quarantine law
or plant-quarantine regulation of the United States Department of
Agriculture or of the State of destination pertaining to such injurious
pests'', ''or in violation of a plant-quarantine law or plant-quarantine
regulation of the United States Department of Agriculture or of the
State of destination pertaining to such injurious pests,'' and striking
out the comma after ''place of inspection''.
This section is popularly known as the ''Terminal Inspection Act.''
In first and third pars., ''United States Postal Service''
substituted for ''Postmaster General'' pursuant to Pub. L. 91-375, 4(
a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201
of Title 39, Postal Service, which abolished office of Postmaster
General of Post Office Department and transferred its functions to
United States Postal Service.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
/1/ So in original.
07 USC 167. Rules governing District of Columbia
TITLE 7 -- AGRICULTURE
Prohibition against shipment generally. -- In order further to
control and eradicate and to prevent the dissemination of dangerous
plant diseases and insect infections and infestations no plant or plant
products for or capable of propagation, including nursery stock,
hereinafter referred to as plants and plant products, shall be moved or
allowed to be moved, shipped, transported, or carried by any means
whatever into or out of the District of Columbia, except in compliance
with such rules and regulations as shall be prescribed by the Secretary
of Agriculture as hereinafter provided.
Eradication by owner. -- Whenever the Secretary of Agriculture, after
investigation, shall determine that any plants and plant products in the
District of Columbia are infested or infected with insect pests and
diseases and that any place, articles, and substances used or connected
therewith are so infested or infected, written notice thereof shall be
given by him to the owner or person in possession or control thereof,
and such owner or person shall forthwith control or eradicate and
prevent the dissemination of such insect pest or disease and shall
remove, cut, or destroy such infested and infected plants, plant
products, and articles and substances used or connected therewith, which
are declared to be nuisances, within the time and in the manner required
in said notice or by the rules and regulations of the Secretary of
Agriculture.
Eradication by Secretary of Agriculture. -- Whenever such owner or
person cannot be found, or shall fail, neglect, or refuse to comply with
the foregoing provisions of this section, the Secretary of Agriculture
is authorized and required to control and eradicate and prevent
dissemination of such insect pest or disease and to remove, cut, or
destroy infested or infected plants and plant products and articles and
substances used or connected therewith, and the United States shall have
an action of debt against such owner or persons for expenses incurred by
the Secretary of Agriculture in that behalf.
Inspection. -- Employees of the Bureau of Entomology and Plant
Quarantine are authorized and required to inspect places, plants, and
plant products and articles and substances used or connected therewith
whenever the Secretary of Agriculture shall determine that such
inspections are necessary for the purposes of this section.
Entry upon premises; opening packages; destruction of plants, etc.
-- For the purpose of carrying out the provisions and requirements of
this section and of the rules and regulations of the Secretary of
Agriculture made hereunder, and the notices given pursuant thereto,
employees of the Bureau of Entomology and Plant Quarantine shall have
power with a warrant to enter into or upon any place and open any
bundle, package, or other container of plants or plant products whenever
they shall have cause to believe that infections or infestations of
plant pests and diseases exist therein or thereon, and when such
infections or infestations are found to exist, after notice by the
Secretary of Agriculture to the owner or person in possession or control
thereof and an opportunity by said owner or person to be heard, to
destroy the infected or infested plants or plant products contained
therein.
Search warrants. -- The Superior Court of the District of Columbia
shall have power, upon information supported by oath or affirmation
showing probable cause for believing that there exists in any place,
bundle, package, or other container in the District of Columbia any
plant or plant product which is infected or infested with plant pests or
disease, to issue warrants for the search for and seizure of all such
plants and plant products.
Rules and regulations. -- It shall be the duty of the Secretary of
Agriculture, and he is required, from time to time, to make and
promulgate such rules and regulations as shall be necessary to carry out
the purposes of this section, and any person who shall move or allow to
be moved, or shall ship, transport, or carry, by any means whatever, any
plant or plant products from or into the District of Columbia, except in
compliance with the rules and regulations prescribed under this section,
shall be punished, as is provided in section 163 of this title.
(Aug. 20, 1912, ch. 308, 15, as added May 31, 1920, ch. 217, 41 Stat.
726, and amended May 16, 1928, ch. 572, 45 Stat. 565; July 7, 1932, ch.
443, 47 Stat. 640; Mar. 26, 1934, ch. 89, 48 Stat. 486; Apr. 1, 1942,
ch. 207, 1, 4, 56 Stat. 190, 192; July 8, 1963, Pub. L. 88-60, 1, 7,
77 Stat. 77, 78; July 29, 1970, Pub. L. 91-358, title I, 155(a), 84
Stat. 570.)
Section is also set out in D.C. Code, 6-1104.
In penultimate par., ''Superior Court of the District of Columbia''
substituted for ''District of Columbia Court of General Sessions'' on
authority of Pub. L. 91-358.
''District of Columbia Court of General Sessions'' was the
designation given to the ''Municipal Court for the District of
Columbia'' by Pub. L. 88-60, 1, 7, July 8, 1963, 77 Stat. 77, 78,
which provided that, eff. Jan. 1, 1963, whenever reference is made in
any Act of Congress to the ''Municipal Court for the District of
Columbia'', such reference shall be held to be a reference to the
''District of Columbia Court of General Sessions.''
Police Court of District of Columbia and Municipal Court of District
of Columbia consolidated into a single court known as ''The Municipal
Court for the District of Columbia'' and powers and jurisdiction of such
courts transferred thereto by act Apr. 1, 1942, ch. 207, 1, 4, 56
Stat. 190, 192.
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
Functions of Bureau of Entomology and Plant Quarantine transferred to
Secretary of Agriculture by 1947 Reorg. Plan No. 1, 301, eff. July 1,
1947, 12 F.R. 4534, 61 Stat. 952, set out in the Appendix to Title 5,
Government Organization and Employees.
''Bureau of Entomology and Plant Quarantine'' substituted in text for
''Federal Horticultural Board'' by acts May 16, 1928, July 7, 1932, and
Mar. 26, 1934. See note under section 165a of this title.
One form of action, see rule 2, Title 28, Appendix, Judiciary and
Judicial Procedure.
07 USC CHAPTER 8A -- RUBBER AND OTHER CRITICAL AGRICULTURAL MATERIALS
TITLE 7 -- AGRICULTURE
Sec.
171. Program for development of guayule and other rubber-bearing
plants.
172. Authorization of Secretary to appoint employees; delegation of
powers; cooperation with other agencies; allotment of funds; leases
of facilities and disposal of water.
173. Authorization of appropriations.
174. Omitted.
175. Lease or sublease of unsuitable lands; disposal of water
supply.
176. Sale of guayule shrub to Reconstruction Finance Corporation.
178. Congressional findings and declaration of policy.
178a. Definitions.
178b. Joint Commission on Research and Development of Critical
Agricultural Materials.
(a) Establishment; function.
(b) Membership.
(c) Chairman.
(d) Delegation of responsibilities to Joint Commission; transfer and
use of appropriated funds.
(e) Duties.
(f) Administrative support services.
(g) Report to Congress.
(h) Advice of scientific, engineering and business communities.
178c. Research and development program by Secretary of Agriculture.
(a) Designation of Department as lead agency.
(b) Scope of program.
(c) Office of Critical Agricultural Materials.
(d) Authority of Secretary in carrying out demonstration project.
178d. Research and development program by Secretary of Commerce.
178e. Cooperative projects with Mexico, Australia, and Israel.
178f. Assistance from States and public agencies; contracts and
agreements.
178g. Powers of Secretary of Agriculture.
178h. Powers of Secretary of Commerce.
178i. Coordination of activities with Federal agencies.
178j. Laws governing inventions under this subchapter.
178k. Disposition of byproducts and strategic and industrially
important products.
178l. Rules and regulations.
178m. Report to President and Congress.
178n. Administration and funding.
(a) Authorization of appropriations to Secretary of Agriculture.
(b) Administration and management.
(c) Contract authority as limited by amounts provided in
appropriations acts.
(d) Activities limited to critical materials other than native latex
after fiscal 1988.
07 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 7 -- AGRICULTURE
07 USC 171. Program for development of guayule and other rubber-bearing
plants
TITLE 7 -- AGRICULTURE
The Secretary of Agriculture (hereinafter called the ''Secretary'')
is authorized --
(1) To acquire by purchase, license, or other agreement, the right to
operate under processes or patents relating to the growing and
harvesting of guayule or the extraction of rubber therefrom, and such
properties, processes, records, and data as are necessary to such
operation, including but not limited to any such rights owned or
controlled by the Intercontinental Rubber Company, or any of its
subsidiaries, and all equipment, materials, structures, factories, real
property, seed, seedlings, growing shrub, and other facilities, patents
and processes of the Intercontinental Rubber Company, or any of its
subsidiaries, located in California, and for such rights, properties,
and facilities of the Intercontinental Rubber Company or any of its
subsidiaries, the Secretary is authorized to pay not to exceed
$2,000,000;
(2) To plant, or contract for the planting of, not in excess of five
hundred thousand acres of guayule in areas in the Western Hemisphere
where the best growth and yields may be expected in order to maintain a
nucleus planting of guayule to serve as a domestic source of crude
rubber as well as of planting material for use in further expanding
guayule planting to meet emergency needs of the United States for crude
rubber; to establish and maintain nurseries to provide seedlings for
field plants; and to purchase necessary equipment, facilities, land for
nurseries and administrative sites and water rights;
(3) To acquire by lease, or other agreement, for not exceeding ten
years, rights to land for the purpose of making plantings of guayule;
to acquire water rights; to erect necessary buildings on leased land
where suitable land cannot be purchased; to make surveys, directly or
through appropriate Government agencies, of areas in the Western
Hemisphere where guayule might be grown; and to establish and maintain
records indicating areas to which guayule cultivation could be extended
for emergency production;
(4) To construct or operate, or to contract for the operation of,
factories for the extraction of rubber from guayule, and from
Chrysothamnus, commonly known as rabbit brush; to purchase guayule
shrub; and to purchase, operate, and maintain equipment for the
harvesting, storing, transporting, and complete processing of guayule,
and Chrysothamnus, commonly known as rabbit brush, and to purchase land
as sites for processing plants;
(5) To conduct studies, in which he may cooperate with any other
public or private agency, designed to increase the yield of guayule by
breeding to by selection, and to improve planting methods; to make
surveys of areas suitable for cultivating guayule; to make experimental
plantings; and to conduct agronomic tests;
(6) To conduct tests, in which he may cooperate with any other public
or private agency, to determine the qualities of rubber obtained from
guayule and to determine the most favorable methods of compounding and
using guayule in rubber manufacturing processes;
(7) To improve methods of processing guayule shrubs and rubber and to
obtain and hold patents on such new processes;
(8) To sell guayule or rubber processed from guayule and to use funds
so obtained in replanting and maintaining an area not in excess of five
hundred thousand acres of guayule inside the Western Hemipshere; and
(9) To exercise with respect to rubber-bearing plants other than
guayule the same powers as are granted in the foregoing provisions of
this section with respect to guayule.
(Mar. 5, 1942, ch. 140, 1, 56 Stat. 126; Oct. 20, 1942, ch. 617,
1-4, 56 Stat. 796, 797.)
1942 -- Par. (2). Act Oct. 20, 1942, 1, increased acreage from
75,000 to 500,000 and inserted reference to land for administrative
sites and water rights.
Par. (3). Act Oct. 20, 1942, 2, inserted ''to acquire water rights;
to erect necessary buildings on leased land where suitable land cannot
be purchased;''.
Par. (4). Act Oct. 20, 1942, 3, inserted ''to purchase guayule
shrub;''.
Par. (8). Act Oct. 20, 1942, 4, substituted ''not in excess of five
hundred'' for ''of seventy-five''.
Act Oct. 26, 1942, ch. 629, title II, 56 Stat. 1002, provided
that: ''The Secretary of Agriculture, in connection with the
appropriations herein and heretofore made for such project, is
authorized to plant, or contract for the planting of, not to exceed
twenty-five thousand acres of guayule in areas in the Western Hemisphere
in addition to the acreage permitted under the provisions of paragraph
(1), section 1 of the act of March 5, 1942 (Public Law 473) (par. (1) of
this section).''
07 USC 172. Authorization of Secretary to appoint employees;
delegation of powers; cooperation with other agencies; allotment of
funds; leases of facilities and disposal of water
TITLE 7 -- AGRICULTURE
(a) The Secretary is authorized to appoint such employees, including
citizens of other countries, as may be necessary for carrying out the
provisions of sections 171 to 173 of this title. Such appointments may
be made without regard to the provisions of the civil-service laws.
(Sections 321, 322, 324, and 325a of title 40 shall not apply to any
nursery, planting, cultivating or harvesting operations conducted
pursuant to sections 171 to 173 of this title.) All appointments so made
by the Secretary shall be made only on the basis of merit and
efficiency.
(b) The Secretary may delegate any of the powers and duties conferred
on him by sections 171 to 173 of this title to any agency or bureau of
the Department of Agriculture.
(c) The Secretary, with the consent of any board, commission,
independent establishment, corporation, or executive department of the
Government, including any field service thereof, may avail himself of
the use of information, services, facilities, officers and employees
thereof, in carrying out the provisions of sections 171 to 173 of this
title.
(d) The Secretary may allot to bureaus and offices of the Department
of Agriculture, or may transfer to such other agencies of the State and
Federal Governments as may be requested by him to assist in carrying out
sections 171 to 173 of this title, any funds made available to him under
said sections.
(e) In carrying out the provisions of sections 171 to 173 of this
title the Secretary shall have all of the authority conferred upon him
by section 502 of title 16.
(f) The Secretary may lease at reasonable rentals structures erected
by the Government with essential facilities for such periods as such
structures and facilities are not required for the purposes of sections
171 to 173 of this title; and any part of land or structures with
essential facilities acquired by lease, deed, or other agreement
pursuant to said sections, which are not required or suitable for the
purposes of said sections during the period the United States is
entitled to possession thereof may be leased or subleased at a
reasonable rental; and any surplus water controlled by the United
States on land owned or leased by the United States for the purposes of
said sections may be disposed of at reasonable rates.
(Mar. 5, 1942, ch. 140, 2, 56 Stat. 127; Oct. 20, 1942, ch. 617,
5-7, 56 Stat. 797.)
The civil service laws, referred to in subsec. (a), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Sections 321, 322, 324, and 325a of title 40, referred to in subsec.
(a), were repealed by Pub. L. 87-581, title II, 203, Aug. 13, 1962, 76
Stat. 360. See sections 328, 330, and 332 of Title 40, Public
Buildings, Property, and Works.
In the second sentence of subsec. (a), the words ''and the
compensation of the persons so appointed may be fixed without regard to
the provisions of the Classification Act of 1923, as amended'' were
omitted as obsolete. Sections 1202 and 1204 of the Classification Act
of 1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or parts
of laws inconsistent with the 1949 Act. While section 1106(a) of the
1949 Act provided that references in other laws to the 1923 Act should
be held and considered to mean the 1949 Act, it did not have the effect
of continuing the exceptions contained in this subsection because of
section 1106(b) which provided that the application of the 1949 Act of
any position, officer, or employee shall not be affected by section
1106(a). The Classification Act of 1949 was repealed by Act Sept. 6,
1966, Pub. L. 89-554, 8(a), 80 Stat. 632 (of which section 1 revised
and enacted Title 5, U.S.C., into law). Section 5102 of Title 5
contains the applicability provisions of the 1949 Act, and section 5103
of Title 5 authorizes the Office of Personnel Management to determine
the applicability to specific positions and employees.
1942 -- Subsec. (a). Act Oct. 20, 1942, 5, 7, substituted ''other
countries'' for ''countries in the Western Hemisphere'' and inserted
sentence relating to inapplicability of certain sections of title 40.
Subsecs. (e), (f). Act Oct. 20, 1942, 6, added subsecs. (e) and
(f).
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by 1953 Reorg. Plan No. 2, 1, eff. June 4, 1953, 18 F.
R. 3219, 67 Stat. 633, set out as a note under section 2201 of this
title.
07 USC 173. Authorization of appropriations
TITLE 7 -- AGRICULTURE
There are authorized to be appropriated such amounts as may be
necessary to carry out the provisions of sections 171 to 173 of this
title. Any amounts so appropriated, and any funds received by the
Secretary under said sections, shall remain permanently available for
the purposes of said sections without regard to the provisions of any
other laws relating to the availability and disposition of appropriated
funds and the disposition of funds collected by officers or agencies of
the United States.
(Mar. 5, 1942, ch. 140, 3, 56 Stat. 128.)
07 USC 174. Omitted
TITLE 7 -- AGRICULTURE
Section was from the Department of Agriculture Appropriation Act,
1946, act July 5, 1945, ch. 271, title I, 59 Stat. 423, provided for
the disposition of proceeds from the sale of guayule and other
rubber-bearing plants, and was not repeated in subsequent appropriation
acts.
Similar provisions were contained in prior appropriation acts as
follows:
May 5, 1945, ch. 109, 59 Stat. 152.
June 28, 1944, ch. 296, 58 Stat. 447.
July 12, 1943, ch. 215, 57 Stat. 415.
July 2, 1942, ch. 476, title I, 56 Stat. 597.
Apr. 28, 1942, ch. 247, title III, 56 Stat. 240.
07 USC 175. Lease or sublease of unsuitable lands; disposal of water
supply
TITLE 7 -- AGRICULTURE
Subject to conditions prescribed by the Secretary of Agriculture, any
part of the land acquired by lease, deed, or other agreement pursuant to
sections 171 to 173 of this title, which is not required or suitable for
the purposes of said sections may be leased or subleased at a reasonable
rental during the period the United States is entitled to possession
thereof; and any surplus water supplies controlled by the United States
on such land may be disposed of at reasonable rates.
(July 2, 1942, ch. 476, title I, 56 Stat. 597.)
07 USC 176. Sale of guayule shrub to Reconstruction Finance Corporation
TITLE 7 -- AGRICULTURE
Guayule shrub may be sold to the Reconstruction Finance Corporation
at a price reflecting the net realization from the sale of the rubber
recovered from such shrub in mills operated by said Corporation after
deducting the cost of milling and amortization of the cost of mills
constructed for the purpose by said Corporation.
(June 30, 1945, ch. 215, 1, 59 Stat. 310; July 5, 1945, ch. 271,
title I, 59 Stat. 423.)
Rubber Reserve Company dissolved and functions transferred to
Reconstruction Finance Corporation by Joint Res. June 30, 1945, eff.
July 1, 1945.
Section 6(a) of 1957 Reorg. Plan No. 1, eff. June 30, 1957, 22 F.
R. 4633, 71 Stat. 649, set out as a note under section 601 of Title 15,
Commerce and Trade, abolished Reconstruction Finance Corporation.
07 USC SUBCHAPTER II -- CRITICAL AGRICULTURAL MATERIALS
TITLE 7 -- AGRICULTURE
07 USC 178. Congressional findings and declaration of policy
TITLE 7 -- AGRICULTURE
(a)(1) Congress recognizes that natural latex rubber is a commodity
of vital importance to the economy, the defense, and the general
well-being of the Nation. The United States is totally dependent upon
foreign sources for its supplies of natural (Hevea) latex, which total
about one million tons per year. Synthetic rubber, manufactured from
petroleum feedstocks, cannot be substituted for natural rubber.
(2) Congress further recognizes that certain plant species of the
genus Parthenium (Guayule), native to Texas and the Republic of Mexico,
as well as other plants, are known to contain commercial quantities of
extractable rubber. During World War II, through research carried out
by the Secretary of Agriculture in the Emergency Rubber Project, the
United States demonstrated that Parthenium latex is a promising and
realistic substitute for Hevea latex.
(3) Congress further recognizes that additional research and
development are needed, especially into methods for increasing latex
yields, before commercialization of native Parthenium latex or other
hydrocarbon-containing plants by private industry is feasible.
(4) Congress further recognizes that the development of a domestic
natural rubber industry, based on Parthenium and other
hydrocarbon-containing plants, would not only relieve the Nation's
dependence upon foreign latex sources but also convey substantial
economic benefits to people living in arid and semiarid regions of the
United States. Such an industry would comprise the agricultural
production of the hydrocarbon-containing plants and the development of
commercial processing and manufacturing facilities to extract the latex
and other products.
(5) Congress further recognizes that ongoing research into the
development and commercialization of native latex has been conducted by
the Department of Agriculture, the Department of Commerce, the National
Science Foundation, and other public as well as private and industrial
research groups, and that these research efforts should be continued and
expanded.
(b) In addition, Congress recognizes that the development of a
domestic industry or industries for the production and manufacture from
native agricultural crops of products other than rubber which are of
strategic and industrial importance but for which the Nation is now
dependent upon foreign sources, would benefit the economy, the defense,
and the general well-being of the Nation, and that additional research
efforts in this area should be undertaken or continued and expanded.
(c) It is therefore the policy of the United States to provide for
the development and demonstration of economically feasible means of
culturing and manufacturing Parthenium and other hydrocarbon-containing
plants, along with other native agricultural crops, for the production
of critical agricultural materials to benefit the Nation and promote
economic development.
(Pub. L. 95-592, 2, Nov. 4, 1978, 92 Stat. 2529; Pub. L. 98-284, 2,
May 16, 1984, 98 Stat. 181.)
1984 -- Subsec. (a)(1). Pub. L. 98-284, 2(1), redesignated existing
provisions of subsec. (a) as par. (1).
Subsec. (a)(2) to (4). Pub. L. 98-284, 2(2), redesignated subsecs.
(b), (c), and (d) as pars. (2), (3), and (4), respectively, of subsec.
(a).
Subsec. (a)(5). Pub. L. 98-284, 2(2), (3), redesignated subsec. (e)
as par. (5) of subsec. (a), and in par. (5), as so redesignated,
substituted ''development and commercialization of native latex has been
conducted by the Department of Agriculture, the Department of Commerce,
the National Science Foundation, and other public as well as private and
industrial research groups,'' for ''commercialization of native latex
has been conducted by the Department of Agriculture and by the
Department of Commerce through the regional commissions''.
Subsec. (b). Pub. L. 98-284, 2(4), added subsec. (b). Former subsec.
(b) redesignated (a)(2).
Subsec. (c). Pub. L. 98-284, 2(4), added subsec. (c). Former subsec.
(c) redesignated (a)(3).
Subsecs. (d) and (e). Pub. L. 98-284, 2(2), redesignated subsecs.
(d) and (e) as (a)(4) and (a)(5), respectively.
Subsec. (f). Pub. L. 98-284, 2(4), struck out subsec. (f) which
provided: ''It is the policy of the Congress, therefore, to provide for
the development and demonstration of economically feasible means of
culturing and manufacturing Parthenium and other hydrocarbon-containing
plants for the extraction of natural rubber and other products to
benefit the Nation and promote economic development''. See subsec.
(c).
Section 1 of Pub. L. 95-592, as amended by Pub. L. 98-284, 1, May
16, 1984, 98 Stat. 181, provided: ''That this Act (enacting this
subchapter and amending section 1314f of this title) may be cited as the
'Critical Agricultural Materials Act'.'' As originally enacted Pub. L.
95-592 had been cited as the ''Native Latex Commercialization and
Economic Development Act of 1978''.
07 USC 178a. Definitions
TITLE 7 -- AGRICULTURE
As used in this subchapter --
(a) The term ''State'' means each of the fifty States, the District
of Columbia, and the Commonwealth of Puerto Rico.
(b) The term ''Secretaries'' means the Secretary of Agriculture and/
or the Secretary of Commerce acting each separately or jointly.
(c) The term ''commercialization'' means the stage in the development
or advancement of a technology at which point private enterprise is
willing to invest in a full-scale production facility.
(d) The term ''native'' means hydrocarbon-containing plants and other
agricultural crops of strategic and industrial importance which may be
cultured in North America, especially plants which are members of the
genus Parthenium known as Guayule.
(Pub. L. 95-592, 3, Nov. 4, 1978, 92 Stat. 2529; Pub. L. 98-284, 3,
May 16, 1984, 98 Stat. 181.)
1984 -- Subsec. (d). Pub. L. 98-284, 3(a), inserted ''and other
agricultural crops of strategic and industrial importance'' and ''plants
which are''.
Subsec. (e). Pub. L. 98-284, 3(b), struck out subsec. (e) which
defined ''Regional Commissions'' as the Regional Action Planning
Commissions established pursuant to title V of the Public Works and
Economic Development Act of 1965.
07 USC 178b. Joint Commission on Research and Development of Critical
Agricultural Materials
TITLE 7 -- AGRICULTURE
(a) Establishment; function
There is established a Joint Commission on Research and Development
of Critical Agricultural Materials, hereinafter referred to as the Joint
Commission. The function of the Joint Commission shall be to assist the
Secretaries in carrying out the purposes of this subchapter.
(b) Membership
The Joint Commission shall consist of the following members: Three
individuals designated by the Secretary of Agriculture from among the
staff of the Department of Agriculture; three individuals designated by
the Secretary of Commerce from among the staff of the Department of
Commerce; a representative of the Bureau of Indian Affairs of the
Department of the Interior; a representative of the National Science
Foundation; a representative of the Department of State; a
representative of the Department of Defense; and a representative of
the Federal Emergency Management Agency. Each of the members of the
Joint Commission shall be an individual who, on behalf of the Department
or ag