LvEPA
               United States
               Environmental Protection
               Agency
               540/09-89-012
               Revised October 1988
               Office of Pesticide Programs
The  Federal
Insecticide, Fungicide,
and  Rodenticide Act
as Amended
                                    Printed on Recycled Paper

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     FEDERAL INSECTICIDE, FUNGICIDE, AND
                   RODENTICIDE ACT
     (THROUGH P.L. 100-460,100-464 to 100-526, & 100-532)
        (References [  ] in brackets are to title 7, United States Code)
                      TABLE OF CONTENTS
U.S.C.      Act Sec.                                     Page
7 U.S.C.
prec. 121   1. Short title and table of contents	     3
136        2. Definitions	     7
136a       3. Registration of pesticides	    13
136b       4. Reregistration of pesticides	    22
136c       5. Experimental use permits	    33
136d       6. Administrative review; suspension	    34
136e       7i Registration of establishments	    39
136f       8. Books and records	,	    39
136g       9. Inspection of establishments, etc	    40
136h        10. Protection of trade secrets and other infer-     41
              mation.
136i        11. Use of restricted use pesticides; appplica-     44
              tors.
136j        12. Unlawful acts	    45
136k        13. Stop sale, use, removal, and seizure	    48
1361        14. Penalties	    49
136m       15. Indemnities	    50
136n        16. Administrative procedure; judicial review	    52
136o        17. Imports and exports	    53
136p        18. Exemption of Federal and State agencies	    54

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                 	FIFRA	
                  TABLE OF CONTENTS—Continued
136q        19. Disposal and transportation	     54
136r        20. Research and monitoring	     58
136s        21. Solicitation of comments;  notice of public      59
              hearings.
136t        22. Delegation and cooperation	     59
186u        23. State cooperation, aid, and training	     59
136v        24. Authority of States	     60
136w        25. Authority of Administrator	     60
186w-l      26. State primary enforcement responsibility	     64
136w-2      27. Failure by the State to assure enforcement      65
              of State pesticide use regulations.
136w-3      28. Identification of pests; cooperation with De-      65
              partment of Agriculture's program.
136w-4      29. Annual report	     65
136x        30. Severability	     65
136y        31. Authorization for appropriations	     65
  Bracketed material and footnotes did not appear in Acts.
  Prepared by the Senate Legislative Counsel's Office.

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                                  FIFRA
Sec. 1
Act of June 25, 1947
Chapter 125
                               AN ACT
To regulate the marketing of economic poisons and devices, and for
       other purposes.
  Be it enacted by  the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. [prec. 121] SHORT TITLE AND TABLE OF CONTENTS.
  (a) SHORT TITLE.—This Act may be cited as the  "Federal Insecti-
cide, Fungicide, and Rodenticide Act".
  (b) TABLE OF CONTENTS.—

Section 1. Short title and table of contents.
    (a) Short title.
    (b) Table of contents.
Sec. 2. Definitions.
    (a) Active ingredient.
    (b) Administrator.
    (c) Adulterated.
    (d) Animal.
    (e) Certified applicator, etc.
        (1) Certified applicator.
        (2) Private applicator.
        (3) Commercial applicator.
        (4) Under the direct supervision of a certified applicator.
    (f) Defoliant.
    (g) Desiccant.
    (h) Device.
    (i) District court.
    (j) Environment.
    (k) Fungus.
    (1) Imminent hazard.
    (m) Inert ingredient.
    (n) Ingredient statement.
    (o) Insect.
    (p) Label and labeling.
        (1) Label.
        (2) Labeling.
    (q) Misbranded.
    (r) Nematode.
    (s) Person.
    (t) Pest.
    (u) Pesticide.
    (v) Plant regulator.
    (w) Producer and produce.
    (x) Protect  health and the environment.
    (y) Registrant.
    (z) Registration.
    (aa) State.
    (bb) Unreasonable adverse effects on the environment.
    (cc) Weed.
    (dd) Establishment.
    (ee) To  use any registered pesticide in a manner inconsistent with its labeling.
    (ff) Outstanding data requirement.
    (gg) To  distribute or sell.
 Sec. 3. Registration of pesticides.
    (a) Requirement of registration.
    (b) Exemptions.
    (c) Procedure for registration.
         (1)  Statement required.

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 Sec. 1
F1FRA
         (2) Data in support of registration.
         (3) Time for acting with respect to application.
         (4) Notice of application.
         (5) Approval of registration.
         (6) Denial of registration.
         (7) Registration under special circumstances.
         (8) Interim administrative review.
    (d) Classification of pesticides.
         (1) Classification for general use, restricted use, or both.
         (2) Change in classification.
         (3) Change in classification from restricted use to general use.
    (e) Products with same formulation and claims.
    (f) Miscellaneous.
         (1) Effect of change of labeling or formulation.
         (2) Registration not a defense.
         (3) Authority to consult other Federal agencies.
Sec. 4. Reregistration of registered pesticides.
    (a) General rule.
    (b) Reregistration phases.
    (c) Phase one.
         (1) Priority for reregistration.
         (2) Reregistration lists.
         (3) Judicial review.
         (4) Notice to registrants.
    (d) Phase two.
         (1) In general.
         (2) Notice of intent to seek or not to seek reregistration.
         (3) Missing or inadequate data.
         (4) Time periods.
         (5) Cancellation and removal.
         (6) Suspensions and penalties.
    (e) Phase three.
         (1) Information about studies.
         (2) Time periods.
         (3) Cancellation.
         (4) Guidelines.
         (5) Monitoring.
    (f) Phase four.
         (1) Independent review and identification of outstanding data requirements.
         (2) Time periods.
         (3) Suspensions and penalties.
    (g) Phase five.
         (1) Data review.
         (2) Reregistration and other actions.
    (h) Compensation of data submitter.
    (i) Fees.
         (1) Initial fee for food or feed use pesticide active ingredients.
         (2) Final fee for food or feed use pesticide active ingredients.
         (3) Fees for other pesticide active ingredients.
         (4) Reduction or waiver of fees for minor use and other pesticides.
         (5) Maintenance fee.
         (6) Other fees.
         (7) Apportionment.
    (j) Exemption of certain registrants.
    (k) Reregistration and expedited processing fund.
         (1) Establishment.
         (2) Source and use.
         (3) Expedited processing of similar applications.
         (4) Unused funds.
         (5) Accounting.
    (1) Judicial review.
Sec. 5. Experimental use permits.
    (a) Issuance.
    (b) Temporary tolerance level.
    (c) Use under permit.
    (d) Studies.
    (e) Revocation.

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                                      FIFRA
Sec. 1
    (f) State issuance of permits.
    (g) Exemption for agricultural research agencies.
Sec. 6. Administrative review; suspension.
    (a) Cancellation after five years.
        (1) Procedure.
        (2) Information.
    (b) Cancellation and change in classification or labels.
    (c) Suspension.
        (1) Order.
        (2) Expedite hearing.
        (3) Emergency order.
        (4) Judicial review.
    (d) Public hearings and scientific review.
    (e) Conditional registration.
    (f) General provisions.
        (1) Voluntary cancellation.
        (2) Publication of notice.
    (g) Notice for stored pesticides with canceled or suspended registrations.
        (1) In general.
        (2) Copies.
    (h) Judicial review.
Sec. 7. Registration of establishments.
    (a) Requirements.
    (b) Registration.
    (c) Information required.
    (d) Confidential records and information.
Sec. 8. Records.
    (a) Requirement.
    (b) Inspection.
Sec. 9. Inspection of establishments, etc.
    (a) In general.
    (b) Warrants.
    (c) Enforcement.
         (1) Certification of facts to Attorney General.
         (2) Notice not required.
         (3) Warning notices.
Sec. 10. Protection of trade secrets and other information.
     (a) In general.
     (b) Disclosure.
     (c) Disputes.
     (d) Limitations.
     (e) Disclosure to contractors.
     (f) Penalty for disclosure by Federal employees.
     (g) Disclosure to foreign and multinational pesticide producers.
 Sec. 11. Use of restricted use pesticides; applicators.
     (a) Certification procedure.
         (1) Federal certification.
         (2) State certification.
     (b) State plans.
     (c) Instruction in integrated pest management techniques.
     (d) In general.
     (e) Separate standards.
 Sec. 12. Unlawful acts.
     (a) In general.
     (b) Exemptions.
 Sec. 13. Stop sale, use, removal, and seizure.
     (a) Stop sale, etc., orders.
     (b) Seizure.
     (c) Disposition after condemnation.
     (d) Court costs, etc.
 Sec. 14. Penalties.
     (a) Civil penalties.
          (1) In general.
          (2) Private applicator.
          (3) Hearing.
          (4) Determination of penalty.
          (5) References to Attorney General.

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FIFRA
     (b) Criminal penalties.
         (1) In general.
         (2) Private applicator.
         (8) Disclosure of information.
         (4) Acts of officers, agents, etc.
 Sec. 15. Indemnities.
     (a) General indemnification.
         (1) In general.
         (2) Exception.
         (3) Report.
         (4) Appropriation.
     (b) Indemnification of end users, dealers, and distributors.
         (1) End users.
         (2) Dealers and distributors.
         (3) Source.
         (4) Administrative settlement.
     (c) Amount of payment.
         (1) In general.
         (2) Special rule.
 Sec. 16. Administrative procedure; judicial review.
     (a) District court review.
     (b) Review by Court of Appeals.
     (c) Jurisdiction of district courts.                                    t
     (d) Notice of judgments.
 Sec. 17. Imports and exports.
     (a) Pesticides and devices intended for export.
     (b) Cancellation notices furnished to foreign governments.
     (c) Importation of pesticides and devices.
     (d) Cooperation in international efforts.
     (e) Regulations.
 Sec. 18. Exemption of Federal and State agencies.
 Sec. 19. Storage, disposal, transportation, and recall.
     (a) Storage,  disposal, and transportation.
        (1) Data requirements and registration of pesticides.
        (2) Pesticides.
        (3) Containers, rinsates, and other materials.
     (b) Recalls.
        (1) In general.
        (2) Voluntary recall.
        (8) Mandatory recall.
        (4) Recall procedure.
        (5) Contents of recall plan.
        (6) Requirements or procedures.
    (c) Storage costs.
        (1) Submission of plan.
        (2) Reimbursement.
    (d) Administration of storage, disposal, transportation, and recall programs.
        (1) Voluntary agreements.
        (2) Rule and regulation review.
        (3) Limitations.
        (4) Seizure and penalties.
    (e) Container design.
        (1) Procedures.
        (2) Compliance.
    (f) Pesticide residue removal.
        (1) Procedures.
        (2) Compliance.
        (3) Solid Waste Disposal Act.
    (g) Pesticide container study.
        (1) Study.
        (2) Report.
   , (h) Relationship to Solid Waste Disposal Act.
Sec. 20. Research and monitoring.
    (a) Research.
    (b) National monitoring plan.
    (c) Monitoring.
Sec. 21. Solicitation of comments; notice of public hearings.

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                                 FIFRA
Sec. 2
   (a) Secretary of Agriculture.
   (b) Views.  .
   (c) Notice.
Sec. 22. Delegation and cooperation.
   (a) Delegation.
   (b) Cooperation.
Sec. 23. State cooperation, aid, and training.
   (a) Cooperative agreements.
   (b) Contracts for training.
   (c) Information and education.
Sec. 24. Authority of States.
   (a) In general.
   (b) Uniformity.
   (c) Additional uses.
Sec. 25. Authority of Administrator.
   (a) In General.
       (1) Regulations.
       (2) Procedure.
       (3) Congressional committees.
       (4) Congressional review of regulations.
   (b) Exemption of pesticides.
    (c) Other authority.
    (d) Scientific advisory panel.
Sec. 26. State  primary enforcement responsibility.
    (a) In general.
    (b) Special rules.,
    (c) Administrator.
Sec. 27. Failure by the  State  to assure enforcement of State pesticide  use
regulations.
    (a) Referral.
 •   (b) Notice.                    '
    (c) Construction.
Sec. 28. Identification  of pests; cooperation  with Department  of  Agriculture's
program.
Sec. 29. Annual report.
Sec. 30. Severability.
Sec. 31. Authorization for appropriations.

SEC. 2. [136] DEFINITIONS.
 ^ For purposes of this Act—
   (a) ACTIVE INGREDIENT.—The term "active ingredient"  means—
       (1) in the case of a pesticide other than a plant regulator, de-
     foliant, or desiccant, an ingredient which will prevent, destroy,
     repel, or mitigate any pest;
       (2) in  the case  of a plant regulator, an  ingredient which,
     through physiological action, will accelerate or retard the rate
     of growth or rate of maturation or otherwise alter the behavior
     of ornamental or crop plants  or the product thereof;
       (3) in the case of a defoliant, an ingredient which will cause
     the leaves or foliage to drop from a plant; and
       (4) in the case of a desiccant, an ingredient which will artifi-
     cially accelerate the drying of plant tissue.
   (b) ADMINISTRATOR.—The  term "Administrator"  means the Ad-
ministrator of the Environmental Protection Agency.
   (c) ADULTERATED.—The term "adulterated" applies to any pesti-
cide if—
       (1) its strength or purity falls below the professed standard of
     quality as expressed on its labeling under which it is sold;
       (2) any substance has been substituted wholly  or  in part for
     the pesticide;  or

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 Sec. 2
F1FRA
       (3) any valuable constituent of the pesticide has been wholly
     or in part abstracted.
   (d) ANIMAL.—The term "animal" means all vertebrate and inver-
 tebrate species, including but not limited to man and other mam-
 mals, birds, fish, and shellfish.
   (e) CERTIFIED APPLICATOR, ETC.—
       (1) CERTIFIED APPLICATOR.—The term "certified  applicator"
     means any individual who is certified under section 4 *1 as au-
     thorized to use or supervise the use of any pesticide which  is
     classified for restricted  use. Any applicator  who holds  or ap-
     plies registered pesticides, or use dilutions of registered pesti-
     cides consistent with section 2(ee) of this Act, 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 Act.
       (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 him or his employer or (if applied without compensa-
     tion other than trading of personal  services between producers
     of agricultural commodities)  on the property of another person.
      (3) COMMERCIAL APPLICATOR.—The term "commercial applica-
     tor" means an applicator (whether or not he is a private appli-
     cator with respect to some uses) who uses or supervises the use
     of any pesticide which is classified for restricted use for any
     purpose or  on any property  other  than as provided by para-
     graph (2).
      (4) UNDER THE DIRECT  SUPERVISION OF A CERTIFIED APPLICA-
     TOR.—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 applica-
     tor who is available if and when needed, even though such cer-
     tified applicator is not physically present at the time and place
     the pesticide is applied.
  (f) DEFOLIANT.—The  term "defoliant" means any  substance or
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 con-
trivance  (other than a firearm) which is intended for  trapping, de-
stroying, 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.
  •So in original. Probably should be "section 11"

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                             FIFRA
Sec. 2
  (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, bev-
erages, or Pharmaceuticals.
  (1) IMMINENT HAZARD.—The term "imminent hazard"  means a
situation which exists when the continued use of a pesticide during
the  tune required for cancellation proceeding  would be  likely to
result hi unreasonable adverse effects on the environment or will
involve unreasonable hazard to the survival of a species declared
endangered by the Secretary of the Interior under Public Law 91-
135.
  (m) INERT INGREDIENT.—The term  "inert ingredient" means an
ingredient which is not active.
  (n) INGREDIENT STATEMENT.—The term  "ingredient  statement"
means a statement which contains—
      (1) the name and percentage of each active ingredient, and
     the total percentage of all inert ingredients, in the pesticide;
     and
      (2) if the pesticide contains arsenic in any form, a statement
     of the percentages of total and water soluble arsenic, calculat-
     ed as elementary arsenic.
  (o) INSECT.—The term "insect" means any of the numerous small
invertebrate animals generally having the body more or less obvi-
ously segmented, for the most part belonging to the class insecta,
comprising six-legged, usually winged forms, as for example, bee-
tles, bugs, bees, flies, and to other allied  classes of arthropods
whose members are wingless and usually have more than six legs,
as for example, spiders, mites, ticks, centipedes, and wood lice.
  (p) LABEL AND LABELING.—
      (1) LABEL.—The term "label" means the written, printed, or
     graphic matter on, or attached to, the  pesticide or device or
     any of its containers or wrappers.
      (2) LABELING.—The term "labeling" means all labels and all
     other written, printed, or graphic matter—
           (A) accompanying the pesticide or device at any time; or
           (B) to  which reference is made on the label or in litera-
         ture accompanying the pesticide or device, except to cur-
         rent 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 au-
         thorized by law to conduct research in the field of pesti-
         cides.
   (q) MlSBRANDED.—

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Sec. 2
FIFRA
                                                             10
      (1) A pesticide is misbranded if—
          (A) its labeling bears any statement, design, or graphic
        representation relative thereto or to its ingredients which
        is false or misleading in any particular;
          (B) it is contained in a package or other container or
        wrapping which does not conform to the standards estab-
        lished by the Administrator pursuant to section 25(c)(3);
          (C) it is an  imitation of, or is offered for sale under the
        name of, another pesticide;
          (D) its label does not bear the registration number  as-
        signed under  section 7 to each establishment in which it
        was produced;
          (E) any word,  statement, or other information required
        by or under authority of this Act to appear on the label or
        labeling is not prominently placed thereon with such con-
        spicuousness (as compared  with other words, statements,
        designs, or  graphic matter in the  labeling)  and in such
        terms as to render it likely to be read and understood by
        the ordinary individual under customary conditions of pur-
        chase and use;
          (F) the labeling accompanying it does not contain direc-
        tions for use which are necessary for effecting the purpose
        for which the  product is intended and if complied with, to-
        gether with any requirements imposed under section 3(d)
        of this Act, are adequate to protect health and the environ-
        ment;
         (G) the label does not contain a warning or caution state-
        ment which may be necessary and if complied with,  to-
        gether with any requirements imposed under section 3(d)
        of this Act,  is adequate to protect health and the environ-
        ment; or
         (H) in the case of a  pesticide not registered in accord-
        ance with section 3 of this Act and intended for export, the
        label does not contain, in words prominently placed there-
        on with such conspicuousness  (as  compared  with  other
        words, statements, designs, or graphic matter in the label-
        ing) as to render it likely to be noted by the ordinary indi-
        vidual 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 dis-
        played  under  customary conditions of purchase, except
       that a  pesticide  is  not misbranded under this subpara-
       graph if—
             (i) the size of form of the immediate container,  or
           the outside container or wrapper of the retail package,
           makes it impracticable to place the ingredient  state-

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11
FIFRA
                                                          Sec. 2
            ment  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 out-
        side container or wrapper of the retail package, if there be
        one, through which the required information on the imme-
        diate 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  vari-
            ations; and
              (iv) when required by regulation of the Administra-
            tor to effectuate the purposes of this Act, the registra-
            tion number assigned to the pesticide under this Act,
            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 Act—
              (i) the skull and crossbones;
              (ii) the word "poison" prominently in red on a back-
            ground of distinctly contrasting color; and
              (iii) a statement of a practical treatment (first aid or
            otherwise) in case of poisoning by the pesticide.
   (r) NEMATODE.—The term "nematode" means invertebrate ani-
 mals 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,  partner-
 ship, association,  corporation, "or any organized group of persons
 whether incorporated or not.
   (t) PEST.—The term "pest" means (1) any insect, rodent, nema-
 tode, fungus,  weed, or (2)  any other form of terrestrial  or aquatic
 plant or animal life or virus,  bacteria, or other micro-organism
 (except viruses, bacteria, or other micro-organisms on or in living
 man or other living animals) which the  Administrator declares to
 be a pest under section 25(c)(l).
   (u) PESTICIDE.—The term "pesticide" means (1)  any substance or
 mixture of substances  intended for  preventing, destroying, repel-
 ling, or mitigating any pest, and (2) any substance or mixture of
 substances intended for use as a plant regulator, defoliant, or desic-
 cant, except that the term  "pesticide" shall not include any article
 that is a "new animal  drug  within the  meaning of section 201(w)
 of the Federal Food,  Drug, and Cosmetic  Act (21 U.S.C. 321(w)),
 that has been determined by the Secretary of Health and Human
 Services not to be a new animal drug by a regulation establishing

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 Sec. 2
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                                                             12
 conditions of use for the article, or that is an animal feed within
 the meaning of section 201(x) of such Act (21 U.S.C. 321(x)) 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 im-
 provement, maintenance, survival,  health,  and propagation  of
 plants, and as are not for pest destruction and are nontoxic,  non-
 poisonous in the undiluted packaged concentration.
   (w) PRODUCER AND PRODUCE.—The term "producer" means  the
 person who manufacturers,  prepares, compounds, propagates,  or
 processes any pesticide or device or active ingredient used in pro-
 ducing a pesticide. The term "produce" means to manufacture, pre-
 pare, compound,  propagate, or process any pesticide or  device or
 active ingredient used in producing a pesticide. The dilution by in-
 dividuals of formulated pesticides for their own use and according
 to the directions on registered labels shall not of itself result in
 such individuals being included in the definition of "producer" for
 the purposes of this Act.
  (x) PROTECT  HEALTH AND THE ENVIRONMENT.—The terms "protect
 health and^the environment" and "protection of health and the en-
 vironment" mean protection against any unreasonable adverse ef-
 fects on the environment.
  (y) REGISTRANT.—The term "registrant" means a person who has
 registered any pesticide pursuant to the provisions of this Act.
  (z)  REGISTRATION.—The term "registration" includes reregistra-
 tion.
  (aa) STATE.—The term "State" means a State, the District of Co-
 lumbia, 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 pro-
 ducing a pesticide is produced, or held, for distribution or sale.
  (ee) To USE  ANY REGISTERED PESTICIDE IN A MANNER INCONSIST-
 ENT WITH ITS LABELING.—The term "to use any registered pesticide
in a manner inconsistent with its labeling" means to use any regis-
tered pesticide in a manner not permitted  by the labeling, except
that the term shall not include (1) applying a pesticide at  any

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13
FIFRA
Sec. 3
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 pes-
ticide 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 pe'sts would cause an unreasonable ad-
verse effect on the environment, (3) employing any method of appli-
cation not prohibited by the labeling unless  the labeling specifical-
ly states that the product may be applied only by the  methods spec-
ified on the labeling, (4) mixing a pesticide or pesticides with a fer-
tilizer when such mixture is not prohibited by the labeling, (5) any
use of a pesticide in conformance with section 5, 18, or 24 of this
Act, or (6) any use of a pesticide in a manner that the Administra-
tor determines to be consistent with the purposes of this Act. 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 regu-
lation 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 3(cX5) 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 3(c)(5) 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 deter-
     mine 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 de-
 liver. The term does not include the holding or application of regis-
 tered  pesticides or use dilutions thereof by any applicator who pro-
 vides  a  service of controlling pests without delivering any unap-
 plied pesticide to any person so served.
 SEC. 3. [136a] REGISTRATION OF PESTICIDES.
   (a) REQUIREMENT OF REGISTRATION.—Except  as provided by this
 Act, no person in any State may distribute or sell  to  any  person

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Sec. 3
FIFRA
                                                             14
any pesticide that is not registered under this Act. To the extent
necessary to prevent unreasonable adverse effects on the environ-
ment, the Administrator may by regulation limit the distribution,
sale, or use in any State  of any pesticide that is  not  registered
under this 'Act and that is not the subject of an experimental use
permit under section 5 or  an emergency exemption under section
18.
  (b) EXEMPTIONS.—A pesticide which is not registered with the Ad-
ministrator may be transferred if— '
      (1) the transfer is from one registered establishment to an-
    other 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 es-
    tablishment; or
      (2) the transfer is pursuant to and in accordance with the re-
    quirements 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 direc-
        tions for its use;
          (D) 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 sub-
        mitted  to the Administrator and  that the Administrator
        may consider in accordance with the following provisions:
             (i) with respect to pesticides containing active ingre-
           dients that  are initially registered under this Act after
           the date of enactment of the Federal Pesticide Act of
           1978 [September 30,  1978],  data submitted to support
           the application for the original registration of the pes-
           ticide, 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 permis-
           sion of the original data submitter,  be  considered by
           the Administrator to support an  application  by  an-
           other 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 amend-
           ment adding a new use to an existing registration, to
           support or maintain in effect an existing registration,

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15
FIFRA
                                                          Sec. 3
            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 re-
            ferred to  as the "applicant") within the fifteen-year
            period following the date the data were originally sub-
            mitted only if the applicant has made an offer to com-
            pensate the original data submitter  and  submitted
            such offer to the Administrator  accompanied by  evi-
            dence 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 submit-
            ter and  the applicant, or, failing such agreement, bind-
            ing arbitration under this subparagraph. If, at the end
            oflninety 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 Fed-
            eral 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, misrepre-
            sentation, or other misconduct. The parties to the arbi-
            tration 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 agree-
            ment or in an  arbitration proceeding as required by
            this subparagraph, or failed to comply with the terms
            of an agreement or arbitration decision concerning
            compensation under this subparagraph, the original
            data submitter  shall forfeit the right to compensation
            for the use of the data hi support of the  application.
            Notwithstanding any other provision of this Act, if the
            Administrator determines that an  applicant has failed
            to participate in a procedure for  reaching an agree-
            ment or  hi 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 Adminis-
             trator  shall  deny the application  or cancel the regis-

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Sec. 3
FIFRA
                                                             16
            tration of the pesticide in support of which the data
            were used without further hearing. Before the Admin-
            istrator takes action under either of the preceding two
            sentences, the Administrator shall furnish to the af-
            fected person, by  certified mail, notice of intent  to
            take action and allow fifteen days from the date of de-
            livery of the notice for the affected person to respond.
            If a registration is denied or canceled under this sub-
            paragraph, the Administrator may make such order as
            the Administrator deems appropriate concerning the
            continued sale and use of existing stocks of such pesti-
            cide. 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 sup-
            port 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;
         (E) the complete formula of the pesticide; and
         (F) a request that the pesticide be classified for general
       use for restricted use, or for both.
     (2) DATA IN SUPPORT OF REGISTRATION.—
         (A) The  Administrator shall publish guidelines specify-
       ing the kinds of information which will be required to sup-
       port the registration of a pesticide and shall revise such
       guidelines from time to time.  If thereafter he requires any
       additional  kind of information under subparagraph (B)  of
       this paragraph, he shall permit sufficient time for appli-
       cants to obtain such additional information.  The Adminis-
       trator, in establishing standards for data requirements for
       the registration of pesticides with  respect to minor uses,
       shall make such standards commensurate with the antici-
       pated extent  of use, pattern of use, and the level and
       degree of potential exposure of man and the environment
       to the pesticide. In the development of these standards, the
       Administrator shall consider the economic factors of poten-
       tial national volume of use, extent of distribution, and the
       impact  of the  cost of meeting the requirements on the in-
       centives for any potential registrant to undertake the de-
       velopment  of the required data. Except as provided by sec-
       tion 10, within 30 days  after the Administrator registers a
       pesticide under this Act  he shall make available to the
       public the data called for in the registration statement to-
       gether with such other scientific information as he deems
       relevant to his decision.
         (BXi)  If the  Administrator determines that  additional
       data are required to maintain in effect an existing regis-
       tration of a pesticide, the Administrator shall notify all ex-
       isting registrants of the pesticide to which the determina-

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17
FIFRA
                                                           Sec. 3
        tion relates and provide a list of such registrants to any
        interested person.
          (ii) Each registrant of such pesticide shall provide evi-
        dence 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 Admin-
        istrator of their agreement to develop jointly, or share in
        the  cost of  developing data, the registrants have not fur-
        ther agreed on the terms  of the data development arrange-
        ment or on a procedure for reaching such agreement, any
        of such registrants may  initiate binding arbitration pro-
        ceedings by requesting the Federal Mediation and Concil-
        iation 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, misrepresen-
        tation, or other misconduct by one of the parties to the ar-
        bitration or the arbitrator where there is  a verified com-
        plaint with supporting affidavits attesting to  specific  in-
        stances of such fraud, misrepresentation, or other miscon-
        duct. 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  proce-
        dures prescribed  by  clause  (iv) if a  registrant fails to
        comply with this clause.
           (iv)  Notwithstanding any  other provision of this Act, if
        the Administrator determines that a registrant, within the
        time required by  the Administrator, has failed to take ap-
        propriate steps to secure the data required under this sub-
        paragraph,  to  participate in  a procedure for reaching
        agreement  concerning a joint data development arrange-
        ment under this  subparagraph or in an arbitration pro-
        ceeding 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

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 Sec. 3
FIFRA
                                                                18
         pesticide for which additional data is required. The Admin-
         istrator 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 sub-
         paragraph 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 require-
         ments that served as a basis for the notice of intent to sus-
         pend. If a hearing is requested, a hearing shall  be conduct-
         ed under section 6(d) of this Act. The only matters for reso-
         lution 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 Ad-
         ministrator's determination with respect to the disposition
         of existing stocks is consistent with this Act. If a hearing is
         held, a decision after completion  of such  hearing shall be
         final. Notwithstanding any other provision of  this Act, a
         hearing shall be held and a determination made within
         seventy-five days after receipt of a request for such hear-
         ing. Any registration suspended under this subparagraph
         shall be reinstated by the  Administrator if the Administra-
         tor 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 sub-
         mission to handle any subsequent data compensation mat-
         ters for the joint submitters of such data.
           (C) Within  nine months after the  date  of enactment of
         this subparagraph [September 30,  1978], the Administrator
         shall, by regulation, prescribe simplified procedures for the
         registration of  pesticides,  which  shall include the provi-
         sions of subparagraph (D) of this paragraph.
           (D) EXEMPTION.—No applicant for registration of a pesti-
         cide 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 appli-
         cation 3-1 shall be required to—
              (i) submit or cite data pertaining to such purchased
            product; or
 ro      1,°i2(blfo&M of t5e/(*Jeral Insecticide, Fungicide, and Rodenticide Act Amendments
of 1988 (P.L. 100-532) amended this subparagraph by striking out "an end use product" and in-
serting in lieu thereof "the pesticide that is the subject of the application". Before the amend-
ment, the text of this subparagraph contained the phrase "an end-use product", with a hyphen.
The amendment was executed to this subparagraph to effectuate the probable intent of Con-
gress.

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19
FIFRA
                                                           Sec. 3
              (ii) offer to pay reasonable compensation otherwise
            required by paragraph (1)(D) of this subsection for the
            use of any such data.
      (3) TIME FOR ACTING WITH RESPECT TO APPLICATION.—
          (A) The  Administrator shall review the  data after re-
        ceipt of the application and shall, as expeditiously as possi-
        ble,  either register the pesticide in accordance with para-
        graph (5), or notify the applicant of his determination that
        it does not comply with the provisions of the Act in accord-
        ance with paragraph (6).
          (B)(i) The Administrator shall, as expeditiously as possi-
        ble,  review and act on any application received by the Ad-
        ministrator 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 identi-
             fied in the application, or that would differ in composi-
             tion and labeling from such currently-registered pesti-
             cide only in ways that would not significantly increase
             the risk of unreasonable adverse effects on the envi-
             ronment; 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 incom-
             plete, reject the application;
              (II) within 90 days after receiving a complete appli-
             cation, 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 state-
     ment 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 he determines  that, when  considered
     with any restrictions imposed under subsection (d)—
           (A) its composition is such as to warrant the proposed
         claims for it;
           (B) its labeling and  other material required to be submit-
         ted comply with the requirements of this Act;

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Sec. 3
FIFRA
                                                             20
          (C) it will perform its intended function without unrea-
        sonable adverse effects on the environment; and
          (D) when used in accordance with widespread and com-
        monly  recognized practice it will not generally cause un-
        reasonable 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 Administra-
    tor may waive data  requirements pertaining to efficacy, in
    which event the Administrator may register the pesticide with-
    out 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  24(c).of this Act, a
    presumption is established  that the Administrator shall waive
    data  requirements pertaining to efficacy for use  of the pesti-
    cide in such State.
      (6)  DENIAL  OF  REGISTRATION.—If the Administrator  deter-
    mines that the requirements of paragraph (5) for registration
    are not satisfied,  he shall notify the applicant for registration
    of his determination and of his reasons (including the factual
    basis) therefor, and that, unless the applicant corrects the con-
    ditions and  notifies the Administrator  thereof during the 30-
    day period beginning with the day after the date on which the
    applicant receives the notice, the Administrator may refuse to
    register the pesticide. Whenever the  Administrator refuses to
    register a pesticide, he shall notify the applicant of his decision
    and of his reasons (including  the factual basis) therefor. The
    Administrator 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 6.
      (7)  REGISTRATION UNDER  SPECIAL  CIRCUMSTANCES.—Notwith-
    standing 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 iden-
       tical 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 registra-
       tion or  amendment in  the manner proposed by the  appli-
       cant would not significantly  increase the risk of any  un-
       reasonable adverse effect  on the environment.  An  appli-
       cant seeking conditional registration or amended registra-
       tion under this subparagraph shall submit such data as
       would be required to obtain registration of a similar pesti-
       cide under paragraph  (5).  If the applicant is unable to
       submit an item of data because it has not yet been gener-
       ated, the Administrator may register or amend the  regis-
       tration  of  the pesticide under such conditions as will re-

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21
FIFRA
                                                          Sec. 3
        quire the submission of such data not later than the time
        such  data  are required  to  be submitted with  respect to
        similar pesticides already registered under this Act.
          (B) The Administrator may conditionally amend the reg-
        istration of a pesticide to permit additional uses of such
        pesticide notwithstanding that data concerning the pesti-
        cide  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 signifi-
        cantly increase the risk of any unreasonable adverse effect
        on the environment. Notwithstanding the foregoing provi-
        sions of this subparagraph, no registration of a pesticide
        may be amended to permit an additional use of such pesti-
        cide 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 di-
        etary exposure enumerated in regulations issued  under
        this Act, andjduring the pendency of any risk-benefit eval-
        uation 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 con-
        currence 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 simi-
        lar  pesticide under paragraph (5). If the  applicant  is
        unable to submit an item of data (other than data pertain-
        ing to the proposed additional use) because it has not yet
        been generated,  the Administrator may amend the regis-
        tration under such conditions as will require  the submis-
        sion of such data not later than the time such data are re-
        quired to be  submitted  with  respect to similar pesticides
        already registered under this Act.
           (C) The Administrator may conditionally register a pesti-
        cide  containing an active ingredient not contained in any
        currently registered pesticide for a period reasonably suffi-
        cient 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 Ad-
        ministrator first imposed  the data requirement) on the
        condition that by the end of such period the Administrator
        receives such data and the data do not meet or exceed risk
        criteria enumerated in  regulations issued under  this Act,
        and  on such other conditions as  the  Administrator may
        prescribe.  A  conditional registration under this  subpara-
        graph shall be granted only  if the Administrator deter-
        mines 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.

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Sec. 3
FIFRA
                                                              22
      (8) INTERIM ADMINISTRATIVE REVIEW.—Notwithstanding  any
    other provision of this Act, the Administrator may not initiate
    a public interim  administrative review process  to  develop a
    risk-benefit evaluation of the ingredients of a pesticide or  any
    of its uses prior to initiating a formal action to cancel, suspend,
    or deny registration of such pesticide, required under this Act,
    unless such interim administrative process is based on a vali-
    dated test or other significant evidence raising  prudent con-
    cerns of unreasonable adverse risk to man or to the environ-
    ment. 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  Ad-
        ministrator 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 regis-
        tered  should  be for  restricted  use, he 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 reregistra-
        tion. 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 reg-
        istered,  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, he will classify the pesticide, or the particu-
        lar 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 reg-
        istered, 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, includ-
        ing injury to the applicator, he 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  be-

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23
FIFRA
                                                           Sec. 3
            cause of a determination that the acute dermal or in-
            halation 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 classifica-
            tion 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 be-
            cause of a determination that its use without addition-
            al regulatory restriction may cause unreasonable ad-
            verse 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 reyiewable in the appropriate court
            of appeals upon petition of a person adversely affected
            filed within 60 days of the publication of the regula-
            tion in final form.
      (2)  CHANGE IN CLASSIFICATION.—If the Administrator deter-
    mines that a change hi the classification of any use of a pesti-
    cide from general use to restricted use is necessary to prevent
    unreasonable  adverse  effects on the  environment,  he shall
    notify the registrant of such pesticide of such determination at
    least forty-five days before making the change and shall pub-
    lish the proposed change in the  Federal Register. The regis-
    trant, or  other interested person with the concurrence of the
    registrant, may seek relief from such determination under sec-
    tion 6(b).
      (3) CHANGE IN CLASSIFICATION FROM RESTRICTED USE TO GEN-
    ERAL USE.—The registrant of any pesticide with one or more
    uses  classified for restricted use may petition the Administra-
    tor to change any such classification from restricted to general
    use. Such petition shall set out the basis for the registrant's po-
    sition that restricted use classification is unnecessary because
    classification  of the pesticide for  general use would not cause
    unreasonable adverse effects on the environment. The Admin-
    istrator, 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 sec-
    tion 16 of this Act.
   (e) PRODUCTS WITH SAME FORMULATION AND  CLAIMS.—Products
 which have the same formulation,  are  manufactured by  the same
  Eerson, the labeling of which contains the  same claims, and the
  ibels of which bear a  designation identifying the product as the
 same pesticide may be registered as a single pesticide; and addi-
 tional names and labels shall be added to the registration by  sup-
 plemental statements.
   (f)  MISCELLANEOUS.—
       (1) EFFECT OF CHANGE OF  LABELING OR FORMULATION.—If the
     labeling or formulation for a pesticide is changed, the registra-
     tion shall be amended to reflect such change if the Administra-

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Sec. 4
FIFRA
                                                              24
    tor determines that the change will not violate any provision
    of this Act.
      (2) REGISTRATION NOT A DEFENSE.—In no event shall registra-
    tion of an article be construed as a defense for the commission
    of any offense under this Act. As long as no cancellation pro-
    ceedings 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 Act.
      (3) AUTHORITY TO CONSULT OTHER FEDERAL AGENCIES.—In con-
    nection with consideration of any registration or application
    for registration under this section, the Administrator may con-
    sult with any other Federal agency.
SEC. 4. [136b]  REREGISTRATION OP REGISTERED PESTICIDES.
  (a)  GENERAL RULE.—The Administrator  shall reregister, in ac-
cordance 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 Admin-
istrator has determined, after November 1,  1984, and before the ef-
fective date of this section [December 24, 1988], that—
      (1) there are no outstanding data requirements; and
      (2) the  requirements of section 3(c)(5) 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 the active ingredients of the pesticides that will be rere-
    gistered.
      (2) The second phase shall include the submission to the Ad-
    ministrator under subsection (d) of notices  by  registrants re-
    specting 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 in-
    adequate data within the applicable time period.
      (3) The third phase shall include submission to the Adminis-
    trator by registrants of the information required under subsec-
    tion (e).
      (4) The fourth  phase shall include an  independent, initial
    review by  the Administrator under  subsection (f) of submis-
    sions 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 Adminis-
    trator under  subsection (g) of data submitted for reregistration
    and appropriate regulatory action by the Administrator.
  (c) PHASE ONE.—
      (1) PRIORITY FOR REREGISTRATION.—For purposes of the rereg-
    istration  of the pesticides described  in  subsection (a), the Ad-
    ministrator 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 [December
    24, 1988]) that—
          (A) are in use on or in food or feed and may result in
        postharvest residues;

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25
FIFRA
                                                           Sec. 4
          (B) may result in residues of potential toxicological con-
        cern in potable ground water, edible fish, or shellfish;
          (C) have been  determined by the Administrator before
        the effective date of this section [December 24, 1988] 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 [December 24, 1988],  list pesticide active ingredi-
        ents 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) npt 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 Ad-
    ministrator 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 Adminis-
    trator shall send by certified mail to the registrants of the pes-
    ticides containing such active ingredients a notice of the time
    by which the registrants are to notify the Administrator under
    subsection (d) 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) shall  submit to the Administrator, within
    the time period prescribed by paragraph  (4), the  notice de-
    scribed in paragraph (2) and any information, commitment, or
    offer described in paragraph (3).
      (2)  NOTICE OF  INTENT TO SEEK OR NOT TO SEEK REREGISTRA-
    TION.—
           (A) The registrant of a pesticide containing an active in-
        gredient listed under subparagraph (B), (C),  or  (D) of sub-
        section  (c)(2) 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  pesti-
    cide  that  contains an active ingredient listed under subpara-

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Sec. 4
F1FRA
26
    graph (B), (C), or (D) of subsection (cX2) and for which the regis-
    trant 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 Admin-
        istrator under section 3, an identification of—
              (i)  all data that are required by regulation  to  sup-
            port  the registration of the pesticide with respect  to
            such active ingredient;
              (ii) data that were submitted by  the registrant previ-
            ously 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 identi-
            fied under subparagraph (A)(iii) within the applicable
            time period prescribed by paragraph (4KB); 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 3(c)(2)(B)  with.
            regard to such cost sharing.
    For purposes of a submission by a registrant under subpara-
    graph (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)(l)(G) that the reg-
    istrant possesses or has access to the raw data used in  or gen-
    erated by such study. For purposes of a  submission by a regis-
    trant 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 satis-
    faction of the Administrator that  such data should be  consid-
    ered 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 in-
           gredient  listed under subsection (c)(2)(B),  not later
           than 3 months after the date of  publication  of the list-
           ing of such active ingredient;
             (ii) in the case of a pesticide containing an active in-
           gredient  listed under subsection (c)(2XC),  not later
           than 3 months after the date of  publication  of the list-
           ing of such active ingredient; and
             (iii) in the case of a pesticide containing an active in-
           gredient listed under subsection  (c)(2)(D),  not later
           than 3 months after the date of  publication  of the list-
           ing of such active ingredient.
        On  application, the  Administrator  may extend a  time
        period prescribed by this subparagraph if the Administra-

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27
FIFRA
                                                          Sec. 4
        tor determines that factors beyond the control of the regis-
        trant 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 tune, as determined by the Adminis-
        trator, 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 pre-
        scribed 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  pre-
        scribed by paragraph (4)(A),  the Administrator shall issue
        a notice of intent to cancel the registration of such regis-
        trant 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)  notifies the
             Administrator under paragraph (2) that the registrant
             intends to seek reregistration of any pesticide  contain-
             ing 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 de-
             scribed in clauses (ii) and (iii) of paragraph (3XA);
        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)  and  a notice of
        intent to cancel  the registrations of all pesticides  contain-
        ing such active  ingredient and shall provide 60 days for
        comment on such notice.
           (ii) After the 60-day period has expired, the Administra-
        tor, 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  fur-
             nishes a notice of intent to reregister the pesticide in
             accordance with paragraph (2); and

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Sec. 4
FIFRA
                                                             28
              (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)(l) has been paid.
      (6) SUSPENSIONS AND PENALTIES.—The  Administrator shall
    issue a notice of intent to suspend the registration of a pesti-
    cide in accordance with  the procedures prescribed by section
    3(cX2XBXiy) 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
    (8KB) within the tune period prescribed by paragraph (4)(B) or
    (B) the registrant has not submitted such data to the Adminis-
    trator within such time period.
  (e) PHASE THREE.—
      (1) INFORMATION ABOUT STUDIES.—Each registrant of a pesti-
    cide that contains an active ingredient listed under  subpara-
    graph (B), (C), or (D) of subsection (c)(2) who has  submitted  a
    notice under  subsection (d)(2) of an intent to seek the reregis-
    tration 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 in-
       gredient previously submitted  by the registrant in support
       of the registration of a pesticide containing such active in-
       gredient and considered by  the registrant to be adequate
       to meet the requirements of section 3 and the regulations
       issued under such section;       •
         (B) a summary of each study concerning the active in-
       gredient previously submitted by the registrant in support
       of the registration of a pesticide containing such active in-
       gredient that may not comply with the requirements of
       section 3 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  concern-
       ing chronic dosing, pncogenicity, reproductive  effects, mu-
      . tagenicity, neurotoxicity, teratogenicity, or residue chemis-
       try of the active ingredient that were submitted to the Ad-
       ministrator before January 1, 1982;
         CD) where data described in subparagraph (C) are not re-
       quired  for  the active ingredient by  regulations  issued
       under section 3, 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 3  and  the
       regulations issued under such section;
         (E) an identification of data that are required to be sub-
       mitted  to the Administrator under section 6(a)(2) indicat-
       ing 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 Administra-
       tor possesses or has access to the raw data used in or gen-

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29
FIFRA
                                                           Sec. 4
        erated by the  studies  that  the registrant summarized
        under subparagraph (A) or (B);
          (H) either—
              (i) a commitment to submit  data to  fill each out-
            standing  data requirement identified by  the  regis-
            trant; or
              (ii) an offer to share in the cost of developing such
            data to be incurred by a person who has made a com-
            mitment under clause (i)  to submit such data, and an
            offer to submit to arbitration as described by section
            3(c)(2)(B) with regard to such cost sharing; and
          (I) evidence of compliance with section 3(c)(l)(D)(ii) 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 Act
    and shall be subject to the penalties prescribed by section 14.
      (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 in-
            gredient  listed  under subsection  (c)(2)(B),  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 in-
            gredient  listed  under subsection  (c)(2)(C),  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 in-
            gredient  listed  under subsection  (c)(2)(D),  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 Adminis-
        trator, but not more than 48 months after the date the
        registrant submitted the  commitment under  such para-
        graph. The Administrator, on application of a registrant,
        may  extend the  period prescribed  by the preceding sen-
        tence by no more than 2 years if extraordinary circum-
        stances 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 in-
        formation required by  paragraph (1) within the time pre-
        scribed by paragraph (2),  the Administrator, by order and
        without hearing, shall cancel the registration of such pesti-
        cide.
          (B)(i) If the registrant of a pesticide submits the informa-
        tion  required by paragraph (1)  within  the time prescribed
        by paragraph (2) and such information does not conform to

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Sec. 4
FIFRA
                                                             30
        the guidelines for submissions established by the Adminis-
        trator, the Administrator shall determine whether the reg-
        istrant made a good faith attempt to conform its submis-
        sion 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 regis-
        trant a reasonable period of time to make any necessary
        changes or corrections.
          (iiiXD  If  the Administrator determines that the regis-
        trant 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.
          (HI) If a hearing is requested, a hearing shall be conduct-
        ed under section 6(d), except that the only matter for reso-
        lution 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 [December  24, 1988], 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 sec-
            tion 3 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 re-
   quired 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)(l) 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 reregistra-
        tion to submit complete  copies of studies summarized
        under subsection (e)(l).

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31
FIFRA
                                                           Sec. 4
          (B) The Administrator shall independently identify and
        publish in the Federal  Register the outstanding data re-
        quirements for each active ingredient that is listed under
        subparagraph (B), (C), or (D) of subsection (c)(2) and that is
        contained in a pesticide to be reregistered under this sec-
      ,  tion.  The Administrator, at the same time, shall  issue a
        notice under section 3(c)(2)(B) for the submission of the ad-
        ditional 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 in-
            gredient  listed under subsection  (c)(2)(B), 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 in-
            gredient  listed under subsection  (c)(2XC), 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 in-
            gredient  listed under subsection  (c)(2)(D), 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 rea-
        sonable  period of time, as  determined by the Administra-
        tor, 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 sen-
        tence by no  more than 2 years if extraordinary  circum-
        stances  beyond the control of the registrant prevent the
        registrant  from submitting  data within such prescribed
        period.
               (3) 4-1 SUSPENSIONS AND PENALTIES.—The Administra-
             tor  shall issue a notice of intent to suspend the regis-
             tration of a pesticide in accordance with the proce-
             dures prescribed by section 3(c)(2)(B)(iv) if the Adminis-
             trator  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 (1KB), or (B) progress  is insuf-
             ficient to ensure submission of the data referred to in
             clause (A) within the  time period  prescribed by para-
             graph (2)(B) or the required data  have not been  sub-
             mitted to the Administrator within such time period.
   (g) PHASE FIVE.—
       (1) DATA REVIEW.—The Administrator shall conduct a  thor-
     ough examination of all data submitted under this section con-
     cerning an  active ingredient listed under subsection (c)(2) and
   '''So in original. Margin of paragraph (3) should be aligned with margin of preceding para-
 graph (2).

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 Sec. 4
FIFRA
                                                              32
     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 con-
         cerning an active ingredient of a pesticide under subsec-
         tion (f), the Administrator shall determine whether pesti-
         cides containing such active ingredient are eligible for re-
         registration. For extraordinary circumstances, the Admin-
         istrator may extend such period for not more than 1 addi-
         tional year.
           (B) Before reregistering a pesticide, the Administrator
         shall obtain any  needed  product-specific data  regarding
         the pesticide by use of section 3(cX2XB)  and shall review
         such data within 90 days after its submission. The Admin-
         istrator 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 Ad-
         ministrator shall determine  whether to reregister a pesti-
         cide by determining whether such pesticide meets the re-
         quirements of  section 3(c)(5). If the  Administrator deter-
         mines that a pesticide is eligible to be reregistered, the Ad-
         ministrator 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  de-
         termines that a pesticide should  not be  reregistered, the
        Administrator shall take appropriate  regulatory action.
  (h) COMPENSATION OP DATA  SUBMITTER.—If data that are submit-
ted by a registrant under subsection (d), (e),  (f), or (g) are used to
support the application of another person under section 3, the reg-
istrant who submitted such data shall be entitled to compensation
for the use of such data as prescribed by section 3(c)(lXD). In deter-
mining the amount of such compensation, the fees paid by the reg-
istrant under this section shall be taken into account.
  (i) FEES —
      (1) INITIAL FEE FOR FOOD OR FEED USE PESTICIDE ACTIVE INGRE-
    DIENTS.—The registrants of pesticides that contain an  active  in-
    gredient that is listed under subparagraph (B), (C),  or (D) of
    subsection (cX2) and that is an active ingredient of any pesti-
    cide registered for a major food  or feed  use shall collectively
    pay a fee of $50,000 on submission of information under para-
    graphs (2) and (3) of subsection (d) 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)

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33
FIFRA
                                                           Sec. 4
        of subsection (c)(2) and that is an active ingredient of any
        pesticide registered for a major food or feed use shall col-
        lectively pay a fee of $100,000—
              (i) on submission of information for such ingredient
            under subsection  (e)(l) if data are  reformatted under
            subsection (e)(l)(C); or
              (ii) on submission of data for such ingredient under
            subsection (e)(2)(B) if data are not  reformatted under
            subsection (e)(l)(C).
           (B) The registrants  of pesticides that contain an active
        ingredient that is listed under subsection (c)(2)(A) 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) 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 Admin-
        istrator. 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) and that
        is not an active ingredient of any pesticide that is regis-
        tered 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 tune 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 pesti-
         cides that are registered solely for agricultural or nonagri-
         cultural minor uses, or a pesticide the value or volume of
         use of which is small, shall be exempt from the fees pre-
         scribed 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 "antimicro-
         bial 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 in-
             animate objects;

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Sec. 4
FIFRA
                                                              34
              (iv) sterilizers intended  to  destroy  viruses and all
            living bacteria, fungi, and their spores  on inanimate
            surfaces; or
              (v) fungicides or fungistats.
          (CXi) Notwithstanding any other provision of this subsec-
        tion, in the case of a small business registrant of a pesti-
        cide, 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 subpara-
        graph.
          (ii) If during the 3-year period prior to reregistration the
        average annual gross revenue of the registrant from pesti-
        cides containing such active ingredient is—
              ® less than $5,000,000, the registrant shall pay 0.5
            percent of such revenue;
              (ID $5,000,000 or more but less than  $10,000,000, the
            registrant shall pay 1 percent of such revenue; or
              (IH) $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 busi-
        ness registrant is a corporation, partnership,  or unincorpo-
        rated 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 March
        1 of each year of—
              (i) in the case of a registrant holding not more than
            50 pesticide registrations, $425  for each registration;
            and
              (ii) in  the case of a registrant  holding more than 50
            pesticide registrations—
                 (I) $425 for each registration up to 50 registra-
                tions; and
                 CD) $100 for each registration over 50 registra-
                tions, except that no fee shall be charged for more
                than 200 registrations held by any registrant.
         (B) The amount  of each fee  prescribed under subpara-
       graph (A) shall be adjusted by the Administrator to a level
       that will result  hi  the collection under this paragraph of,
       to  the  extent  practicable, an  aggregate  amount  of
       $14,000,000 each fiscal year.
         (CXi) The maximum annual  fee payable by a registrant
       under clause (i) of subparagraph  (A)  (as adjusted under
       subparagraph (B)) shall be $20,000.
         (ii) The maximum annual fee payable by a registrant
       under clause (ii) of subparagraph (A) (as adjusted under
       subparagraph (B)) shall be $35,000.
         (D) If any fee  prescribed by this  paragraph with respect
       to the registration of a pesticide is not paid  by a registrant

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35
                             FIFRA
                                                          Sec. 4
        by the time  prescribed,  the Administrator, by order  and
        without hearing, may cancel the registration.
          (E) The authority provided under this paragraph shall
        terminate on September  30,1997.
      (6) OTHER FEES.—During the period beginning on the date of
    enactment of this section [October 25, 1988] and ending on Sep-
    tember 30,  1997, the Administrator may  not levy any other
    fees for the registration of a  pesticide under this Act 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 ingre-
        dient 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 para-
            graph (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 contain-
             ing such active ingredient  collectively pay more  than
             25 percent of the total active ingredient reregistration
             fee.
           (B) The Administrator, by order," may  require any regis-
         trant to submit such reports as the  Administrator deter-
         mines  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 subsec-
         tion, 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 reappor-
         tion 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) (other than subsection (i)(5)) regarding

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 Sec. 5
FIFRA
                                                              36
 data concerning an active ingredient and fees for review of such
 data shall not apply to any person who is the registrant of a pesti-
 cide to the extent that,  under section 3(c)(2)(D), the person  would
 not be required to submit or cite such data to obtain an initial reg-
 istration of such pesticide.
   (k) REREGISTRATION AND EXPEDITED PROCESSING FUND.—
       (1) ESTABLISHMENT.—There shall be established in the  Treas-
     ury of the United States a reregistration  and expedited proc-
     essing fund.
       (2) SOURCE AND USE.—All fees collected by the Administrator
     under subsection (i) shall be deposited into the fund and shall
     be available to the Administrator, without fiscal year limita-
     tion, to carry out reregistration and expedited processing of
     similar applications.
       (3) EXPEDITED PROCESSING OF SIMILAR APPLICATIONS.—
           (A)  The Administrator shall  use each fiscal year  not
         more than $2,000,000 of the amounts in the fund 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 identi-
            fied in the application, or that would differ in composi-
            tion and labeling from any such  currently-registered
            pesticide only in ways that would  not significantly in-
            crease 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 re-
        sources to carry  out the activities described in such sub-
        paragraph that are in addition  to the personnel and re-
        sources available to carry out such activities on the date of
        enactment of this section [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  guar-
        anteed thereby; or
          (C) invested  in obligations, participations, or other  in-
        struments 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.
  (1) 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 16(b).

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37
FIFRA
                                                          Sec. 5
SEC. 5. £136c] EXPERIMENTAL USE PERMITS.
  (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 ap-
plication and all required supporting data, the Administrator shall
either issue the permit or notify the applicant of the Administra-
tor's determination not to issue the permit and the reasons there-
for. 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 informa-
tion necessary to register a pesticide under section 3 of this Act. An
application for  an  experimental use permit may be filed at any
time.
  (b) TEMPORARY TOLERANCE  L,EVEL.^-If the Administrator deter-
mines that the use of  a pesticide may reasonably be expected to
result in any residue on or in  food or feed, he may establish a tem-
porary tolerance level for the residue of the pesticide before issuing
the experimental use permit.
  (c) USE UNDER PERMIT.—Use of a pesticide under an experimen-
tal 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 un-
reasonable adverse effects on the environment. All results of such
studies shall be reported to the Administrator before such pesticide
may be registered under section 3.
  (e) REVOCATION.—The Administrator may revoke any experimen-
tal use permit, at any time, if he finds that its terms or conditions
are being violated,  or that its terms and conditions are inadequate
to avoid unreasonable adverse effects on the environment.
   (f) STATE ISSUANCE OF PERMITS.—Notwithstanding  the foregoing
provisions of this  section, the  Administrator  shall, under  such
terms and conditions as he may by regulations prescribe, authorize
any State ,to issue  an experimental use permit for a pesticide. All
 provisions of section 11 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.—Not-
 withstanding the foregoing provisions of this section, the Adminis-
 trator may issue an experimental use permit for a pesticide to any
 public  or private agricultural research agency or educational insti-
 tution which applies for such permit. Each permit shall  not exceed
 more than a one-year period or such other specific time as the Ad-
 ministrator  may prescribe. Such permit shall be issued under such
 terms and conditions restricting the use of the pesticide as the Ad-
 ministrator  may require. Such pesticide may be  used only by such

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 Sec. 6
FIFRA
                                                              38
 research agency or educational institution for purposes of experi-
 mentation.
 SEC. 6. [136dJ ADMINISTRATIVE REVIEW; SUSPENSION.
   (a) CANCELLATION AFTER FIVE YEARS—
       (1) PROCEDURE.—The Administrator shall cancel the registra-
    tion of any pesticide at the end of the five-year period which
    begins on the date of its registration (or at the end of any five-
    year period thereafter) unless the registrant, or other interest-
    ed 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 con-
    tinued 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) to  such
    extent, under  such  conditions,  and for such uses as he  may
    specify if he determines that such sale or use is not inconsist-
    ent with the purposes of this Act and will not have unreason-
    able  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 registra-
    tion  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 re-
    garding unreasonable adverse effects on  the environment of
    the pesticide, he shall submit such information to the Adminis-
    trator.
  (b)  CANCELLATION AND CHANGE IN CLASSIFICATION.—If it appears
to the Administrator that a pesticide or its labeling or other mate-
rial required to be submitted does not comply with the provisions
of this Act or, when used in accordance with widespread and com-
monly recognized practice,  generally causes unreasonable adverse
effects on the environment, the Administrator may issue a notice
of his intent either—
      (1) to cancel its registration or to change its classification to-
    gether with the reasons  (including the factual  basis) for his
    action, or
      (2) to hold a hearing to determine whether or not its regis-
    tration should be canceled or its classification changed.
Such  notice shall be sent to the registrant and made public. In de-
termining 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 Agri-
culture 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

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39
FIFRA
Sec. 6
and the response of the Administrator with regard to the Secre-
tary'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 subsec-
tion (b) and section 25(d), in the event that the Administrator de-
termines 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
subsection (b) and of submission to the Scientific Advisory Panel
pursuant to section 25(d) and proceed in accordance with subsection
(c). 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 ad-
versely affected by the notice. In the event a hearing is held pursu-
ant to  such a request. or to the Administrator's determination
under paragraph (2),  a decision pertaining to registration or classi-
fication 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 restric-
tions, and shall include among those  factors to be taken into ac-
count the impact of such final action on production and prices of
agricultural commodities,  retail food prices, and  otherwise on the
agricultural economy, and he 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 re-
    quired for cancellation or change  in classification proceedings,
    he may, by order, suspend the registration of the pesticide im-
    mediately. No order of suspension  may be issued unless the
    Administrator has  issued or at the  same time  issues notice of
    his intention to cancel the registration or change the classifica-
    tion 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, m accordance with the provisions of
    paragraph (2), for an expedited hearing before the Administra-
    tor on the question of whether an  imminent hazard exists.
       (2) EXPEDITE HEARING.—If no request for a hearing is submit-
    ted to the Administrator within five days of the registrant's re-
    ceipt of the notification provided  for by paragraph (1), the sus-
    pension order may be issued and shall take effect and shall not
    be reviewable by a  court.  If a hearing is requested,  it  shall

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 Sec. 6
FIFRA
                                                             40
     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
     title 5 of the United States Code, except that the presiding offi-
     cer need not be a certified hearing examiner. The presiding of-
     ficer shall have ten days from the conclusion of the presenta-
     tion of evidence  to submit recommended findings and conclu-
     sions 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  deter-
     mines that an emergency exists that  does not  permit him to
     hold  a hearing before suspending, he  may issue a suspension
     order in advance of notification to the registrant. In that case,
     paragraph (2) shall apply except that  (A) the order of suspen-
     sion 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 reg-
     istrant and the Administrator shall participate except that any
     person adversely affected may file briefs within  the time allot-
     ted by the Administrator's  rules. Any person so filing  briefs
     shall be considered a party to such proceeding for the purposes
     of section 16(b).
      (4)  JUDICIAL REVIEW.—A final order on the question of sus-
     pension following a hearing shall be reviewable in accordance
     with Section  16 of this Act,  notwithstanding the fact that any
     related cancellation proceedings have not been completed. Any
     order of suspension entered prior to a hearing before the Ad-
     ministrator shall be subject to  immediate review in an action
     by the registrant or other interested person with the concur-
     rence 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 ef-
     fectiveness of the suspension order, pending the Administra-
     tor's final decision with respect  to cancellation or change in
     classification. This  action may be maintained simultaneously
    with any administrative review proceeding 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) or determined upon
by the Administrator pursuant to subsection (b), such hearing shall
be held after due notice for the purpose of receiving evidence rele-
vant 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  hear-
ing,  the Hearing Examiner shall issue a subpena to compel testimo-
ny or production  of documents from any person.  The Hearing Ex-
aminer shall be guided by the principles of the  Federal  Rules of

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41
FIFRA
Sec. 6
Civil Procedure in making any order for the protection of the wit-
ness or the content of documents produced and shall order the pay-
ment  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 Na-
tional  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 func-
tions of this section shall have a financial or other conflict of inter-
est 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  compe-
tent 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 pur-
poses of this Act. As  soon as  practicable after completion of the
hearing (including the report of the Academy) but not later than 90
days thereafter, the Administrator shall evaluate the data and re-
ports  before him and issue an order either revoking his notice of
intention issued pursuant to this section, or shall issue an order
either canceling the registration, changing the classification, deny-
ing the registration, or requiring modification of  the labeling or
packaging of the article. Such order shall be based only on substan-
tial 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 3(c)(7) of this Act if (A) the
    Administrator, at any time during the  period provided for sat-
    isfaction of any condition  imposed, determines that the regis-
    trant 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  subsec-
    tion 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 Act and will not have unreasonable adverse effects on the
    environment.
       (2)  A cancellation  proposed  under  this subsection shall
    become final and effective at the end  of thirty days from re-
    ceipt by the registrant of the notice of intent  to cancel Unless
    during that time a request for hearing  is made by a person ad-

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 Sec. 7
FIFRA
42
    yersely affected by the notice. If a hearing is requested, a hear-
    ing 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 pro-
    vided or whether the condition or  conditions have been, satis-
    fied within the time provided, and whether the Administrator's
    determination with respect to the disposition of existing stocks
    is consistent with this Act. A decision after  completion of such
    hearing shall be final. Notwithstanding any other provision of
    this section, a 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 registrant  at  any tune
    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.
      (2) PUBLICATION OF NOTICE.—A notice  of  denial of registra-
    tion, intent to  cancel, suspension, or intent to  suspend issued
    under this Act or a notice issued under subsection (cX4)  or
    (dXSXA) of section 4 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 Adminis-
    trator as undeliverable at that address, if delivery is refused,
    or if the Administrator otherwise is unable to accomplish deliv-
    ery 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.
  (g) NOTICE FOR STORED PESTICIDES WITH CANCELED OR SUSPENDED
REGISTRATIONS.—
      (1) IN GENERAL.—Any producer or exporter of pesticides, reg-
    istrant of a pesticide, applicant for registration of a pesticide,
    applicant for or holder of an experimental use permit, commer-
    cial applicator, or any person who distributes or sells any pesti-
    cide, who possesses any pesticide which has had its registration
    canceled or  suspended under this section shall notify the Ad-
    ministrator 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
16.

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43
FIFRA
Sec. 8
SEC. 7. C136eJ REGISTRATION OF ESTABLISHMENTS.
  (a) REQUIREMENT.—No person shall produce any pesticide subject
to this Act or active ingredient used in producing a pesticide sub-
ject to this Act 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 ad-
dress of the establishment and of the producer who operates such
establishment.
  (b)  REGISTRATION.—Whenever the Administrator receives an ap-
plication under subsection (a), he shall register the establishment
and assign it an establishment number.
  (c) INFORMATION REQUIRED.—
      (1) Any  producer operating  an establishment  registered
    under this  section  shall inform the Administrator within 30
    days after it is registered of the types and amounts of pesti-
    cides and, if applicable, active  ingredients used in producing
    pesticides—
          (A) which he is currently producing;
          (B) which he  has produced during the past year; and
          (C) which he has  sold or distributed  during the past
         year.
    The information required by this paragraph shall be kept cur-
    rent 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 Admin-
    istrator for the purpose of issuing a stop sale order pursuant to
    section 13, inform him of the name and address of any recipi-
    ent  of any pesticide produced in any registered establishment
    which he operates.
  (d)  CONFIDENTIAL RECORDS AND INFORMATION.—Any information
submitted to  the Administrator pursuant  to subsection (c) other
than  the names of the  pesticides or active ingredients used in pro-
ducing pesticides produced, sold, or distributed at  an establishment
shall be considered confidential and shall be subject to the provi-
sions of section 10.
SEC. 8. [1360 BOOKS AND RECORDS.
  (a)  REQUIREMENTS.—The Administrator  may prescribe regula-
tions requiring producers, registrants, and applicants for registra-
tion to  maintain such records with respect to their operations and
the pesticides and devices produced as he determines are necessary
for the effective enforcement of this Act and to make the records
available for inspection and copying in the same manner as provid-
ed in subsection (b). No records required under this subsection shall
extend  to financial data, sales data other than shipment data, pric-
ing data, personnel data, and research data (other than  data relat-
ing to registered pesticides or to  a pesticide for which an applica-
tion for registration has been filed).
   (b) INSPECTION.—For  the purposes of enforcing  the provisions of
this Act, any producer,  distributor, carrier, dealer, or any other
person  who sells or offers for sale, delivers  or offers for delivery
any pesticide or device subject to this  Act, shall, upon request of
any officer or employee of the,Environmental Protection Agency or
of any State or political subdivision, duly designated by the Admin-

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Sec. 9
FIFRA
44
istrator, 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, pric-
ing data, personnel data, and research data (other than data relat-
ing to registered  pesticides or to a pesticide for which an applica-
tion for registration has been filed). Before undertaking an inspec-
tion under this subsection, the officer or employee must present to
the  owner, operator, or agent hi 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 al-
ternate and sufficient  reason shall be given  in writing. Each such
inspection shall  be commenced and  completed  with reasonable
promptness.
SEC. 9. [136g3 INSPECTION OF ESTABLISHMENTS, ETC.
  (a) IN GENERAL.--(I) For purposes of enforcing the provisions of
this Act, 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 pes-
ticides or devices, packaged, labeled,  and released for shipment,
and samples of any containers or labeling for such pesticides or de-
vices, or (B) any place where there is being held any pesticide the
registration of which has been suspended or canceled for the pur-
pose of determining compliance with section 19.
  (2) Before undertaking such inspection, the officers or employees
must present to the owner, operator, or agent in charge of the es-
tablishment or other place where pesticides or devices are held for
distribution or sale, appropriate credentials and  a written state-
ment as to the reason for the inspection, including a statement as
to whether a violation of the law is suspected. If no violation is sus-
pected, an alternate and sufficient reason shall be given in writing.
Each such inspection shall be commenced and completed with rea-
sonable promptness. If the officer or employee obtains any samples,
prior to leaving the premises, he shall give to the owner, operator,
or agent in charge a receipt describing the samples obtained and, if
requested, a portion of each such sample equal in volume or weight
to the portion retained. If an analysis is made of such samples, a
copy of the results of such analysis shall be furnished promptly to
the owner, operator, or agent in charge.
  (b) WARRANTS.—For  purposes of enforcing the provisions of this
Act and upon a showing to an officer or court of competent juris-
diction that there is reason to believe that  the provisions  of this
Act  have been violated, officers or employees duly designated by

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45
FIFRA
                                                         Sec. 10
the Administrator are empowered to obtain and to execute war-
rants authorizing—
      (1) entry, inspection, and copying of records for purposes of
    this section or section 8;
      (2) inspection  and reproduction of all records showing the
    quantity, date of shipment, and the name of consignor and con-
    signee 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 Act and in the
    event of the inability of any person to produce records contain-
    ing such information, all other records and information relat-
    ing to such delivery, movement,  or holding of the pesticide or
    device; and
      (3) the seizure of any pesticide or device which is in violation
    of this Act.
  (c) ENFORCEMENT.—
      (1) CERTIFICATION OF FACTS TO  ATTORNEY GENERAL.—The ex-
    amination of pesticides or devices shall be made in the Envi-
    ronmental Protection Agency or  elsewhere as the Administra-
    tor may designate for the purpose of determining from such ex-
    aminations whether they comply with the  requirements of this
    Act. If  it shall  appear  from any such  examination that they
    fail to comply with the requirements of this Act, the Adminis-
    trator 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 his
    views, either orally or in writing, with  regard to such contem-
    plated proceedings, and  if in the opinion of the Administrator
    it appears that the provisions of this Act 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  14(b)  or a civil pro-
    ceeding under  section  14(a), when the Administrator deter-
    mines that such action will be sufficient to effectuate the pur-
    poses of this Act.
      (2) NOTICE NOT REQUIRED.—The notice of contemplated pro-
    ceedings and opportunity to present views  set forth in this sub-
    section are not  prerequisites to the institution of any prpceed-
    ing by the Attorney General.
      (3) WARNING NOTICES.—Nothing in  this Act shall  be con-
    strued as requiring the  Administrator  to institute proceedings
    for prosecution  of minor violations of this  Act whenever he be-
     lieves that the  public interest will be  adequately served by a
     suitable written notice of warning.
 SEC. 10. E136h] PROTECTION OF TRADE  SECRETS AND OTHER INFORMA-
            TION.
   (a) IN GENERAL.—In submitting data required by this Act, the ap-
 plicant may  (1)  clearly mark any portions thereof which in his
 opinion are trade secrets or commercial or financial information
 and (2) submit such marked material separately from other materi-
 al required to be submitted under this Act.

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Sec. 10
FIFRA
46
  (b) DISCLOSURE.—Notwithstanding any other provision of this Act
and subject to the limitations in subsections (d) and (e) of this sec-
tion, the Administrator shall not make public information which in
his judgment contains or relates to trade secrets or commercial or
financial information, obtained from a person and privileged or con-
fidential, except that, when necessary to carry out the provisions of
this Act, information relating to formulas of products acquired by
authorization of this Act may be revealed to any  Federal agency
consulted and may be revealed at a public hearing or in findings of
fact issued by the  Administrator.
  (c) DISPUTES.—If the Administrator proposes to release for inspec-
tion information which  the applicant or registrant believes to be
protected from disclosure under subsection (b), he shall notify the
applicant or registrant, in writing, by certified mail. The  Adminis-
trator shall not thereafter make available for inspection such data
until thirty days after receipt of the notice by the applicant or reg-
istrant. During this period,  the applicant or registrant may insti-
tute an action in an appropriate  district court for a declaratory
judgment as to whether such information is subject to protection
under subsection (b).
  (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 wild-
    life, humans  and other mammals, plants,  animals,  and soil,
    and studies on persistence,  translocation and fate  in  the envi-
    ronment, and metabolism, shall be available for disclosure to
    the public. The use  of such data for any  registration purpose
    shall be governed by section 3 of this Act.  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, de-
        tecting, 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 confiden-
    tial treatment under subsection (b) of this section may be pub-
    licly disclosed in connection with a public proceeding  to deter-
    mine  whether a pesticide,  or any ingredient  of  a pesticide,
    causes unreasonable adverse effects on health or the environ-
    ment, if the Administrator  determines that such disclosure is
    necessary in the public interest.
      (3) If the Administrator proposes to disclose information de-
    scribed in  clause (A), (B), or  (C)  of paragraph (1)  or  in para-

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47
FIFRA
                                                          Sec. 10
    graph (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  re-
    lease 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 (G) of paragraph (1) of this sub-
    section  is necessary to avoid or lessen an imminent and sub-
    stantial 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  ap-
    propriate. 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 dis-
        closure  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 informa-
        tiom
  (e) DISCLOSURE TO CONTRACTORS.—Information otherwise protect-
ed from disclosure to the public under subsection (b) of this section
may be disclosed to contractors with the United States and employ-
ees of such contractors  if, in the opinion of the Administrator, such
disclosure is necessary  for the satisfactory performance by the con-
tractor of a contract with the United States for the performance of
work in connection with this Act and under such conditions as  the
Administrator may specify. The Administrator shall  require as a
condition to the disclosure of information under this subsection
that the person receiving it take such security precautions respect-
ing the information as the Administrator shall by regulation pre-
scribe.
  (f)  PENALTY FOR DISCLOSURE BY  FEDERAL EMPLOYEES.—(1) Any
office or employee of the United States or former officer or employ-
ee of the United States who, by virtue of such employment or offi-
cial position, has obtained possession of, or has access to, material
the disclosure of which is prohibited by subsection (b) of this sec-
tion, and who, knowing that disclosure of such material is prohibit-
ed  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  of the United States  Code shall  not
apply with respect to the publishing, divulging, disclosure,  or
making known of, or  making available,  information reported or
otherwise  obtained under this Act. Nothing in this Act shall pre-
empt any civil remedy  under State or Federal law for wrongful  dis-
closure of trade secrets.

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Sec. 11
FIFRA
48
  (2)  For the purposes  of  this section, any contractor  with the
United States who is furnished information as authorized by sub-
section (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 PRO-
DUCERS.—(1) The Administrator shall not knowingly disclose infor-
mation submitted by an applicant or registrant under this Act to
any employee or agent of any business or other entity engaged in
the production, sale, or 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 regis-
trant has consented to such disclosure. The Administrator shall re-
quire 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 negli-
gently 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 regula-
tion, subject to restrictions  on the availability of information con-
tained elsewhere in this Act, which information is relevant to a de-
termination by the Administrator with  respect to whether a pesti-
cide, 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 appli-
cant or registrant of the names and affiliations of such persons.
  (3) Section 1001 of title 18 of the  United States Code shall apply
to any affirmation made under paragraph (1)  of this subsection.
SEC. 11. [136iJ USE OF RESTRICTED USE PESTICIDES; APPPLICATORS "-1.
  (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 certifi-
    cation of applicators of pesticides. Such program shall conform
    to  the requirements  imposed upon the States under the provi-
    sions  of subsection (a)(2) of this section  and shall not require
    private applicators to take any examination to establish com-
    petency in the use of pesticides. Prior to the implementation of
    the program, the Administrator shall publish  in the Federal
    Register for review and comment a summary of the Federal
    plan  for applicator certification and shall make  generally
    available within the State copies of the plan. The Administra-
    tor 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
 "•'Misspelling is so in original.

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49
FIFRA
                                                          Sec. 11
    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 re-
    quire any person engaging in the commercial application, sale,
    offering for sale, holding for sale, or distribution of any pesti-
    cide one or more uses of which have been classified for restrict-
    ed use to maintain such records and submit such reports con-
    cerning the  commercial  application,  sale, or  distribution  of
    such pesticide as the Administrator  may be  regulation pre-
    scribe. Subject to paragraph (2), the Administrator shall pre-
    scribe  standards for  the certification of applicators  of  pesti-
    cides. Such standards shall provide that to be certified, an indi-
    vidual must be determined to be competent with respect to the
    use and handling of pesticides,  or to the use and  handling of
    the pesticide or class of pesticides covered by such individual's
    certification. The certification standard for a private applicator
    shall, under .a State  plan submitted for approval, be deemed
    fulfilled by his  completing  a certification form. The Adminis-
    trator shall  further assure that such  form contains adequate
    information  and affirmations to carry out the intent of this
    Act, and may include in the form an  affirmation that the pri-
    vate 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 pre-
    scribed 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 pro-
    gram to be licensed under a State licensing program approved
    by him.
       (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 modifi-
    cation thereof, if such plan  in his judgment—
           (A) designates  a State agency as the agency responsible
        for administering the plan throughout the State;
           (B) contains satisfactory assurances that such agency has
        or will  have the legal authority  and qualified personnel
        necessary to carry out the plan;
           (C) gives  satisfactory  assurances that  the State will
        devote adequate funds to the administration of the plan;
           (D) provides that the State agency  will make such re-
        ports 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.

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Sec. 12
FIFRA
50
  (b) STATE PLANS.—If the Administrator rejects a plan submitted
under this paragraph, he shall afford the State submitting the plan
due notice and opportunity for hearing before so doing. If the Ad-
ministrator approves a plan submitted under this paragraph, then
such  State shall certify applicators of  pesticides with respect  to
such State. Whenever the Administrator determines that a State is
not administering the certification program in accordance with the
plan approved under this section, he shall so notify the State and
provide for a hearing at the request of the State, and, if appropri-
ate 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  TECH-
NIQUES.—Standards prescribed by the Administrator for the certifi-
cation of applicators  of pesticides  under subsection  (a), and the
State plans submitted to the Administrator under subsections (a)
and (b), shall include provisions for making instructional materials
concerning integrated pest management techniques available to in-
dividuals at their request in accordance with the provisions of sec-
tion 23(c) of this Act, but such plans may not require that any indi-
vidual receive instruction concerning such techniques or be shown
to be competent with respect to the use of such techniques. The Ad-
ministrator and States implementing such plans shall provide that
all interested individuals are notified of the availability of such in-
structional materials.
  (d) IN GENERAL.—No regulations prescribed by the Administrator
for carrying out the provisions of this Act shall require any private
applicator  to maintain any records or file any reports or other doc-
uments.
  (e) SEPARATE STANDARDS.—When establishing or approving stand-
ards for licensing or certification, the Administrator shall establish
separate standards for commercial and private applicators.
SEC. 12. [136J] UNLAWFUL ACTS.
  (a) IN GENERAL.—
      (1) Except as provided b;
    for any person  in  any  !
    person—
          (A) any pesticide that is not registered under section 3 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 Act;
          (B) any registered pesticide if any claims made for it as a
        part of its distribution or sale substantially differ from any
        claims made for it  as  a part of the statement required in
        connection with its registration under section 3;
          (C) any registered pesticide the composition of which dif-
        fers at the time of its distribution or sale from its composi-
        tion as described in the statement required in connection
        with its registration under section 3;
          (D)  any pesticide which has not been colored  or  discol-
        ored pursuant to the provisions of section 25(c)(5);
          (E) any pesticide  which is adulterated or misbranded; or
          (F) any device which is misbranded.
 subsection (b), it shall be unlawful
Itate to distribute  or sell  to any

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51
FIFRA
Sec. 12
      (2) It shall be unlawful for any person—
          (A) to detach, alter,  deface, or destroy, in whole or in
        part, any labeling required under this Act;
          (B) to refuse to—
              (i) prepare, maintain,  or submit any  records re-
            quired by or under section 5, 7, 8,11, or 19;
              (ii) submit any reports required by or under section
            5, 6, 7, 8, 11, or 19; or
              (iii) allow any entry, inspection, copying of records,
            or sampling authorized by this Act;
          (C) to give a guaranty or undertaking provided for in
        subsection (b) which is  false in any particular, except that
        a person who receives and  relies upon a guaranty author-
        ized under subsection (b) may give a  guaranty to the same
        effect, which guaranty shall contain,  in addition to his own
        name and address, the  name and address of the person re-
        siding in the United  States from whom  he received the
        guaranty or undertaking;
          (D) to use for his own advantage or to reveal, other than
        to the Administrator, or officials or employees of the Envi-
        ronmental 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 infor-
        mation acquired by authority of this  Act which is confiden-
        tial under this Act;
          (E) who is a registrant,  wholesaler, dealer, retailer, or
        other distributor to advertise a product registered under
        this Act for restricted use without giving the classification
        of the product  assigned to it under section 3;
          (F) to 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 sec-
        tion 3(d) and any regulations thereunder. It shall not be
        unlawful to sell, under regulations issued by the Adminis-
        trator,  a restricted use pesticide to a person who is not a
        certified applicator for application by a certified applica-
        tor;
          (G) to use any registered pesticide  in a'manner inconsist-
        ent 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 13;
          (J) to violate any suspension order issued under section
         3(c)(2)(B), 4, or 6;
          (K) to violate any cancellation order issued under this
         Act or to fail to submit a notice in accordance with section
         6(g);
           (L) who is a producer to violate any of the provisions of
         section 7;
           (M) to knowingly falsify all or part of any application for
         registration, application for experimental use permit, any

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Sec. 12
FIFRA
52
        information submitted to the Administrator pursuant to
        section 7, any records required to be maintained pursuant
        to this Act, any report filed under this Act, or any infor-
        mation marked as confidential and submitted to the Ad-
        ministrator under any provision of this Act;
          (N) who is a registrant, wholesaler, dealer, retailer,  or
        other distributor to fail to file reports required by this Act;
          (O) to add any substance to, or take any substance from,
        any pesticide in a manner that may defeat the purpose of
        this Act; or »«
          (P) to use any pesticide in tests on human beings unless
        such human beings (i) are fully informed of the nature and
        purposes of the test and of any physical and mental health
        consequences which are reasonably  foreseeable therefrom,
        and (ii) freely volunteer to participate in the test. 12"2
          (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  equip-
        ment 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 Act;
          (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  3(a) or
        19.
  (b) EXEMPTIONS.—The penalties  provided for a violation of para-
graph (1) of subsection (a) shall not apply to—
      (1) any person who establishes a guaranty signed by,  and
    containing the name and address of, the registrant or  person
    residing in the United States from whom he purchased or re-
    ceived in good faith the  pesticide in the same unbroken pack-
    age, to the effect that the pesticide was lawfully registered  at
    the time of sale and delivery to him, and that it complies with
    the other requirements of this Act, and in such case the guar-
    antor shall be subject to the penalties which would otherwise
    attach to the person holding the guaranty under the provisions
    of this Act;
      (2) any  carrier while lawfully shipping, transporting,  or de-
    livering for shipment  any pesticide or device, if such carrier
    upon request of any officer or employee duly designated  by the
    Administrator shall permit such officer or employee to copy all
    of its records, concerning such pesticide or device;
      (3) any  public official while engaged in the performance  of
    his official duties;
      (4) any person using or possessing any pesticide as provided
    by an experimental use  permit in effect with respect to such
    pesticide and such use  or possession; or
 wlSo in original, "or" should be struck.
 '"So in original. Period should be a semicolon.

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53
FIFRA
                                                          Sec. 13
      (5) any person who  ships  a substance or mixture of sub-
    stances being put through tests in which the purpose is only to
    determine its value for pesticide purposes or to determine its
    toxicity or other properties and from which the user does not
    expect to receive any benefit in pest control from its use.
SEC. 13. [136k] STOP SALE, USE, REMOVAL, AND SEIZURE.
  (a) STOP  SALE, ETC., ORDERS.—Whenever any pesticide or device
is found by the  Administrator in any State and there is reason to
believe  on the basis of inspection or tests that such pesticide  or
device is in violation of any  of the provisions of this Act, or that
such 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^ sus-
pended,  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 sec-
         tion 3;                                    ,
           (C) its labeling fails to bear the information required by
         this Act;
           (D) it is not colored or discolored and such coloring or
         discoloring is required under this Act; or
           (E) any of the claims made for it or any of the directions
         for  its use differ  in substance from  the representations
         made hi 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 accord-
     ance with the requirements imposed under this Act and as di-
     rected by the labeling, it nevertheless causes unreasonable ad-
     verse  effects on the environment.
 In the case of a plant  regulator, defoliant, or desiccant, used in ac-
 cordance 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 riot be sold contrary
 to the provisions of this Act or the laws of the jurisdiction in which
 it is sold.  On payment of the costs of the condemnation proceedings

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Sec. 14
FIFRA
                                                             54
and the execution and delivery of a good and sufficient bond condi-
tioned that the pesticide or device shall not  be sold or otherwise
disposed of contrary to the provisions of the Act or the laws of any
jurisdiction in,which sold, the court may direct that such pesticide
or device be delivered to the owner  thereof. The 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
 groceedings shall be at the suit of and in the name of the United
 tates.
  (d) COURT COSTS, ETC.—When a decree of  condemnation is en-
tered against the pesticide or device, court costs and fees, storage,
and other proper expenses shall be awarded against the person, if
any, intervening as claimant of the pesticide or device.
SEC. 14. [1361] PENALTIES.
  (a) CIVIL PENALTIES.—
    (1) IN GENERAL.—Any registrant, commercial applicator, whole-
    saler, dealer,  retailer, or other distributor  who violates  any
    provision of this Act may be assessed a civil penalty by the Ad-
    ministrator 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 provi-
    sion  of this Act subsequent to receiving a written warning
    from the Administrator or following a citation for a prior viola-
    tion, may be assessed a civil penalty by the Administrator of
    not more than $1,000 for each  offense: Provided, That any ap-
    plicator not included under paragraph (1) of this subsection
    who  holds  or applies registered pesticides, or use 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  Act may be
    assessed a civil penalty by the Administrator of not more than
    $500 for the first offense nor more than $1,000 for each subse-
    quent 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  incorpo-
    rated city of the residence of the person charged.
     (4) DETERMINATION OF PENALTY.—In determining the amount
    of the penalty, the Administrator  shall consider the appropri-
    ateness of such penalty to the size of the business of the person
    charged, the effect on the person's ability to continue in busi-
    ness, and the gravity of the violation.  Whenever the Adminis-
    trator finds that the violation occurred despite the exercise of
    due care or did not cause significant harm to health or the en-
    vironment, 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 At-
    torney General, who  shall recover such amount  by action in
    the appropriate United States district court.

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55
FIFRA
Sec. 15
  (b) CRIMINAL PENALTIES.—
      (1) IN GENERAL.—
          (A) Any registrant, applicant for a registration, or pro-
        ducer who knowingly violates any provision of this Act
        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 pesti-
        cide, or any  other person not described in subparagraph
        (A) who distributes  or  sells  pesticides or  devices, who
        knowingly violates any provision of this Act 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 Act shall be guilty of a misdemeanor and
    shall on conviction be fined  not more than $1,000, or impris-
    oned 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 for-
    mulas of products  acquired under the authority of section 3,
    shall be fined not  more than $10,000,  or imprisoned for not
    more than three years, or both.
      (4) ACTS OF OFFICERS, AGENTS, ETC.—When construing and en-
    forcing the provisions of this Act, the act, omission, or failure
    of any officer, agent, or other person acting for or employed by
  ,  any person  shall in every case  be also deemed to be the act,
    omission, or failure of such person as well as that of the person
    employed.
SEC. 15. INDEMNITIES.
  (a) GENERAL INDEMNIFICATION.—
      (1)  IN GENERAL.—Except as otherwise provided in this sec-
    tion, if—
          (A) the Administrator notifies a registrant under section
        6(c)(l) that the Administrator intends to  suspend a regis-
        tration or that an emergency order of suspension of a reg-
        istration under section 6(c)(3) has been issued;
          (B) the registration in   question is suspended  under
        section  6(c), and thereafter  is canceled under section 6(b),
        6(d), or 6(f); and
          (C) any person who owned any quantity of the pesticide
        immediately before the notice to the registrant under sub-
        paragraph (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 Adminis-
     trator finds that the person—
          (A) had knowledge of facts that, in themselves,  would
        have shown  that the pesticide did not meet the require-
        ments of section 3(c)(5) for registration; and
          (B) continued thereafter to produce the pesticide without
        giving timely notice of such facts to the Administrator.

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Sec. 15
FIFRA
56
      (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 Agricul-
    ture of the House of Representatives,  the Committee on Agri-
    culture, Nutrition, and Forestry of the Senate, and the Com-
    mittees 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 pay-
        ment.
      (4) APPROPRIATION.—The Administrator may not make a pay-
    ment 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 DISTRIBU-
TORS.—
      (1) END USERS.—If—
          (A) the Administrator notifies a registrant under section
        6(c)(l) that the Administrator intends to suspend a regis-
        tration or that an emergency order of suspension of a reg-
        istration under section 6(c)(3) has been issued;
          (B) the registration in question is suspended under sec-
        tion  6(c), and thereafter is canceled under section 6(b), 6(d),
        or 6(f); 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 pesti-
        cide  as an  end user, rather  than for purposes of distribut-
        ing or selling it or further processing it for distribution or
        sale, suffered a loss by reason of the suspension or cancel-
        lation 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 distribu-
        tor (hereinafter in this paragraph  referred to as a "seller")
        of a  registered pesticide who distributes  or sells the pesti-
        cide  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, reim-
        burse such person for the cost of first acquiring the pesti-
        cide  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 pesti-
        cide  is not  subject to reimbursement by the seller.
          (B)If-
              (i) the Administrator  notifies a registrant under sec-
            tion 6(cXD that the Administrator intends to suspend
            a registration or that an emergency order of suspen-

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57
FIFRA
Sec. 15
            sion  of a  registration  under section  6(c)(3) has been
            issued;
              (ii) the registration in question is suspended under
            section 6(c), and thereafter is canceled under section
            6(b), 6(d), or 6(f);
              (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  pesti-
                cide; and
                  (II) owned any quantity of the pesticide for pur-
                poses 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 cancella-
            tion 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 sub-
                paragraph (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 para-
    graph (1)  or (2) shall be made from the appropriation provided
    under section 1304 of title 31, United States Code.
      (4)  ADMINISTRATIVE  SETTLEMENT.—An administrative settle-
    ment of a claim for such  indemnity  may be made  in accord-
    ance  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.
  (c) AMOUNT OF PAYMENT.—
      (1)  IN  GENERAL.—The amount of  an indemnity payment
    under subsection (a) or (b) to any person shall be determined
    on  the  basis of the cost of the pesticide owned by the person

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Sec. 16
FIFRA
58
    (other  than the  cost of transportation, if any) immediately
    before the issuance of the notice to the registrant referred to in
    subsection  (aXDCA), (bXD(A), or (b)(2)(B)(i),  except  that  in no
    event shall an indemnity payment to any  person  exceed the
    fair market value of the pesticide owned by the person immedi-
    ately before the issuance of the notice.
      (2) SPECIAL  RULE.—Notwithstanding any  other provision of
    this Act, the Administrator may provide a reasonable time for
    use or other disposal of the pesticide.  In determining the quan-
    tity 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.
SEC. 16. [136n3 ADMINISTRATIVE PROCEDURE; JUDICIAL REVIEW.
  (a) DISTRICT  COURT REVIEW.—Except as otherwise  provided in
this Act, 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 contro-
versy as to the  validity of any order issued  by the Administrator
following a public  hearing, any person who will be adversely  affect-
ed by such order and  who had been a party to the proceedings may
obtain judicial review by filing in the  United States court  of ap-
peals for the circuit wherein such person resides or has a place of
business, within 60 days after the entry  of such order, a petition
praying that the order be set aside in whole or in part. A copy of
the petition shall be forthwith transmitted by the clerk of the court
to the Administrator  or any officer designated by him for  that pur-
pose, and thereupon  the Administrator shall file in the court the
record of the proceedings on  which he based  his order, as provided
in section 2112  of title 28, United  States Code.  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 Administra-
tor 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 pro-
vided in section 1254  of title 28 of the United States Code.  The com-
mencement of proceedings under this section shall not, unless spe-
cifically 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 Act.
  (d) NOTICE OF JUDGMENTS.—The Administrator shall, by publica-
tion in such manner as he may prescribe, give notice  of all judg-
ments entered in actions instituted under the authority of this Act.
SEC. 17. E136oJ IMPORTS AND EXPORTS.
  (a)  PESTICIDES AND DEVICES  INTENDED FOR  EXPORT.—Notwith-
standing any other provision this Act, no pesticide or device or

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59
FIFRA
Sec. 17
active ingredient used in producing a pesticide intended solely for
export to any foreign country shall be deemed in violation of this
Act—
      (1) when prepared or packed according to the specifications
    or directions of the foreign purchaser, except that producers of
    such pesticides and devices and active ingredients used in pro-
    ducing pesticides shall be subject to sections 2(p), 2(q) (1) (A),
    (C), (D), (E), (G), and (H), 2(q) (2) (A), (B), (C) (i) and (iii), and (D),
    7, and 8 of this Act; and
      (2) in the case of any pesticide other than a pesticide regis-
    tered under section 3 or sold under section 6(a) (1) of this Act,
    if, prior to export, the foreign purchaser has signed a state-
    ment acknowledging that the purchaser understands that such
    pesticide is not registered for  use in the  United States and
    cannot be sold in the United States under  this Act.  A copy of
    that statement shall be transmitted to an  appropriate official
    of the government of the importing country.
  (b)  CANCELLATION  NOTICES  FURNISHED  TO  FOREIGN GOVERN-
MENTS.—Whenever a registration,  or a cancellation  or suspension
of the  registration of a pesticide becomes effective, or ceases to be
effective, the Administrator  shall transmit through the State De-
partment 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 con-
cerning other pesticides that are registered under section 3 of this
Act 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 pesti-
cides and devices and shall deliver to the Administrator, upon his
request, samples of pesticides or devices which are being imported
into the United  States, giving notice to the owner or  consignee,
who may appear before the Administrator and have the right to in-
troduce testimony. If it appears from the examination of a sample
that it is adulterated, or misbranded or otherwise violates the pro-
visions  set forth  in this Act, 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 con-
signee and shall  cause the destruction of any pesticide or device re-
fused delivery which shall not be exported by the consignee within
90 days from the date of notice of such refusal under such regula-
tions as the Secretary of the Treasury may prescribe.  The Secre-
tary of the Treasury may deliver to the consignee such pesticide or
device pending examination and decision in the matter on execu-
tion of bond for the amount of. the full invoice value of such pesti-
cide 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 ex-
cluding them from the country, or for any other purpose, said cpn-
signee shall forfeit the full  amount of said bond. All charges  for
storage, cartage, and labor on pesticides or devices which are re-
fused admission  or delivery shall be paid by the owner or consign-

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Sec. 18
FIFRA
60
ee, 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 inter-
national efforts to develop improved pesticide research and regula-
tions.
  (e) REGULATIONS.—The Secretary of the Treasury, in consultation
with the Administrator, shall prescribe regulations for the enforce-
ment of subsection (c) of this section.
SEC. 18. [136p] EXEMPTION OF FEDERAL AND STATE AGENCIES.
  The Administrator may, at his discretion, exempt any Federal or
State agency from any provision of this  Act  if he determines that
emergency conditions exist which require such exemption. The Ad-
ministrator, in determining whether or not such  emergency condi-
tions exist, shall consult  with the Secretary of Agriculture and the
Governor of any  State concerned if they request such determina-
tion.
SEC. 19. t!36ql STORAGE, DISPOSAL, TRANSPORTATION, AND RECALL.
  (a) STORAGE, DISPOSAL, AND TRANSPORTATION.—
      (1) DATA REQUIREMENTS  AND REGISTRATION OF  PESTICIDES.—
    The Administrator may require under section 3 or 6 that—
          (A) the registrant or applicant for registration of a pesti-
        cide 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 registra-
        tion 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 con-
        tain or collect excess or spilled quantities of  the pesticide;
        and
          (C) the registrant of a pesticide provide evidence of suffi-
        cient financial and other resources  to carry out a  recall
        plan under subsection (b), and provide for the disposition
        of the pesticide, in the event  of suspension  and  cancella-
        tion of the pesticide.
      (2) PESTICIDES.—The Administrator may by regulation, or as
    part of an order issued under section 6  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 regis-
        tration 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 regis-
        tration 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 Ad-
    ministrator may by  regulation, or as  part of an order issued
    under section 6 or an amendment to  such an order—

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61
FIFRA
Sec. 19
          (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 quanti-
        ties 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 6, and if the Administra-
    tor 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 para-
  i  graph  (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 infor-
    mal hearing, that the  plan is inadequate to protect health or
    the environment.
      (3) MANDATORY RECALL.—If, after determining  under para-
    graph (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 sub-
    section may require any person that is subject to the regula-
    tion to—
           (A) arrange to make available one or more storage facili-
         ties to  receive and store the pesticide to  which the recall
         program applies, and inform the Administrator of the loca-
         tion of each such facility;
           (B) accept and  store at  such a facility those existing
         stocks  of  such  pesticide that are tendered by any other

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Sec. 19
FIFRA
62
        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, pro-
        vide 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 pes-
        ticide of the terms of the recall regulation and how those
        persons may tender the pesticide and arrange for transpor-
        tation 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 proce-
    dure imposed in accordance with paragraph (2) of subsection
    (a) 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) for a pesticide whose
    registration has been suspended and canceled shall, as soon as
    practicable after the suspension of the registration of the pesti-
    cide, 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 regis-
    trant, the Administrator shall  reimburse the registrant, on re-
    quest, 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 Administra-
        tor 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 ap-
        proval of the plan  by the Administrator or the date of can-
        cellation 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 ap-
        proval of the plan  by the Administrator or the date of can-
        cellation 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

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FIFRA
Sec. 19
        year following the date of the approval of the plan by the
        Administrator or the date of cancellation of the registra-
        tion 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 sub-
     stance regarding the ultimate allocation of the costs of storage,
     transportation, or disposal of a pesticide.
       (2)  RULE AND REGULATION REVIEW.—Section 25(a)(4) shall not
     apply to any regulation issued under subsection (a)(2) or (b).
       (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 subsec-
     tion  (a)(2) or (b) has failed substantially to comply with that
     regulation or order, the  Administrator may take action under
     section 13 or 14 or obtain injunctive relief under section 16(c)
     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 [December 24, 1988], 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 compli-
     ance with the regulations referred  to in paragraph (1) not later
     than 5 years after the effective date of this subsection [Decem-
     ber 24, 1988].              ,
   (f) PESTICIDE RESHJUE REMOVAL.—
       (1) PROCEDURES.—

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Sec. 19
FIFRA
64
          (A) Not later than 3 years after the effective date of this
        subsection [December 24, 1988], 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 contain-
        ers prior to disposal.
          (B) The regulations may—
              (i) specify, for each major type of pesticide container/
            procedures and  standards providing for, at a mini-
            mum, triple rinsing or the equivalent degree of pesti-
            cide removal;
              (ii)  specify  procedures  that  can be  implemented
            promptly and easily in various  circumstances and con-
            ditions;
              (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 Ad-
        ministrator, exempt products intended solely for household
        use from the requirements of this subsection.
      (2) COMPLIANCE.—Effective beginning  5 years after  the effec-
    tive date of this subsection [December  24, 1988], a State may
    not exercise primary  enforcement responsibility under section
    26, or certify an applicator under section 11, unless the Admin-
    istrator 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 pesti-
    cide 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  con-
           tainers;
             (ii) the development and use of  pesticide formula-
           tions 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 environ-
           mental 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 [December 24, 1988],  the Administrator shall

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65
FIFRA
                                                         Sec. 21
    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.).
SEC. 20. [136rJ RESEARCH AND MONITORING.
  (a) RESEARCH.—The Administrator shall undertake research, in-
cluding research by grant or contract with other Federal agencies,
universities,  or others as may be necessary to carry out the pur-
poses of this  Act, and he shall conduct research into integrated
pest management in coordination  with the Secretary of Agricul-
ture. The Administrator shall also take care to insure that such re-
search does not duplicate research being undertaken by any other
Federal agency.
  (b) NATIONAL MONITORING PLAN.—The Administrator shall for-
mulate  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 moni-
toring activities, including, but not limited to monitoring in air,
soil, water, man, plants, and animals, as may be necessary for the
implementation of this Act and of the national pesticide monitor-
ing plan. The Administrator  shall establish procedures for the
monitoring of man and animals and their environment for inciden-
tal pesticide exposure, including, but not limited to, the quantifica-
tion 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.
SEC. 21.  rises! SOLICITATION OF COMMENTS; NOTICE OF PUBLIC HEAR-
           INGS.
  (a) SECRETARY OF AGRICULTURE.—The Administrator, before pub-
lishing regulations under this Act, shall solicit the views of the Sec-
retary of Agriculture in accordance with the procedure described in
section 25(a).
  (b) VIEWS.—In addition to any other  authority relating to public
hearings and solicitation of views, in connection  with the  suspen-
sion or cancellation of a pesticide registration or any other actions
authorized under this  Act, the Administrator may, at his  discre-
tion, solicit the views  of all interested  persons, either orally or in
writing, and seek such advice from scientists, farmers, farm organi-
zations, and other qualified persons as he deems proper.
  (c)  NOTICE.—In connection  with all  public hearings under this
Act the Administrator  shall publish timely notice of such hearings
in the Federal Register.
SEC. 22. [136t3 DELEGATION AND COOPERATION.
  (a) DELEGATION.—All authority vested in the Administrator by
virtue of the provisions of this Act may with like force and effect
be  executed by such employees of the Environmental Protection
Agency as the Administrator may designate for the purpose.
  (b) COOPERATION.—The Administrator shall cooperate with the
Department of Agriculture, any other Federal agency, and  any ap-

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Sec. 23
FIFRA
66
propriate agency of any State or any political subdivision thereof,
in carrying out the provisions of this Act, and in securing uniformi-
ty of regulations.
SEC. 23. [136u3 STATE COOPERATION, AID, AND TRAINING.
  (a) COOPERATIVE AGREEMENTS.—The  Administrator may  enter
into cooperative agreements with States and Indian tribes—
      (1) to delegate to any State or Indian tribe the authority to
    cooperate in the enforcement of this Act through the use of its
    personnel or facilities, to train personnel of the State or Indian
    tribe to cooperate in the enforcement of this Act, and to  assist
    States and Indian tribes in  implementing cooperative enforce-
    ment programs through grants-in-aid; and
      (2) to assist States in developing and administering State pro-
    grams, and Indian tribes that  enter into  cooperative  agree-
    ments, 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 nec-
essary for the Administrator to provide through cooperative agree-
ments 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 agen-
cies for the purpose of encouraging the training of certified applica-
tors.
  (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 pes-
ticide users about accepted uses  and other regulations made under
this Act.
SEC. 24. [136v3 AUTHORITY OF STATES.
  (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 prohib-
ited by this Act.
  (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 Act.
  (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 Act and if registration for such use has not
    previously been denied, disapproved, or canceled by the Admin-
    istrator.  Such registration shall be deemed  registration  under
    section 3 for all purposes of this Act, but shall authorize distri-
    bution and use only within such State.

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67
FIFRA
Sec. 25
      (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 Administrators inten-
    tion 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 subsec-
    tion (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 that permits the res-
    idues of the pesticide 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 disap-
    prove the registration.
      (4) If the Administrator finds, in accordance with standards
    set forth in regulations issued under section 25 of this Act, that
    a State is not capable of exercising adequate controls to assure
    that State registration under this section will be in accord with
    the purposes of this Act or has failed to exercise adequate con-
    trols,  the Administrator may suspend the authority of the
    State to register pesticides runtil such time as the Administra-
    tor 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  re-
    spond.
SEC. 25.  [136w] AUTHORITY OF ADMINISTRATOR.
  (a) IN GENERAL.—
      (1) REGULATIONS.—The Administrator  is  authorized in  ac-
    cordance with the procedure described in paragraph (2), to pre-
    scribe regulations to carry out the  provisions of this Act. Such
    regulations  shall take into account the difference in concept
    and usage between various classes of pesticides 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 Fed-
        eral Register, the Administrator shall provide the Secre-
        tary of Agriculture with  a copy of such regulation. If the
        Secretary comments in writing to the  Administrator  re-
        garding 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 Secre-
        tary and the response of the Administrator with regard to
        the Secretary's comments. If the Secretary does not com-

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Sec. 25
FIFRA
68
        ment in writing to the Administrator regarding the regula-
        tion  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 notwithstand-
        ing the foregoing 60-day time requirement.
          (B) FINAL REGULATIONS.—At least 30 days prior to sign-
        ing any regulation in final form for publication in the Fed-
        eral  Register, the Administrator shall provide  the Secre-
        tary of Agriculture with  a copy of such regulation. If the
        Secretary  comments in writing to the Administrator  re-
        garding any such final regulation within 15 days after re-
        ceiving 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 Ad-
        ministrator 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
        tune 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 econo-
        my,  and the  Administrator  shall publish in the Federal
        Register an analysis of such effect.
          (C) TIME REQUIREMENTS.—The  time requirements im-
        posed 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  Admin-
        istrator 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 hi the Federal Register.
      (3) CONGRESSIONAL COMMITTEES.—At such time as the  Admin-
    istrator is required under paragraph (2) of this subsection to
    provide the Secretary of Agriculture with a copy of proposed
    regulations and a copy of the  final form of regulations, he shall
    also furnish a copy of such regulations to the Committee on
    Agriculture of the House of Representatives and the Commit-
    tee on Agriculture, Nutrition, and Forestry of the Senate.
      (4) CONGRESSIONAL REVIEW OF REGULATIONS.—Simultaneously
    with the promulgation of  any rule or regulation under this
    Act, the Administrator shall transmit a copy thereof to the
    Secretary of the Senate and the Clerk of the House of Repre-
    sentatives. The rule or regulation  shall  not  become effective
    until the passage of 60 calendar  days after the rule or regula-
    tion is so transmitted.
  (b) EXEMPTION OF PESTICIDES.—The Administrator may  exempt
from  the requirements of this Act by regulation any pesticide
which he determines  either (1) to be adequately  regulated  by an-

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69
FIFRA
Sec. 25
other Federal agency, or (2) to be of a character which is unneces-
sary to be subject to this Act in order to carry out the purposes of
this Act.
  (c) OTHER AUTHORITY.—The Administrator, after notice and op-
portunity for hearing, is authorized—
      (1) to declare a pest any form of plant or animal life (other
    than man and other than bacteria, virus, and other micro-orga-
    nisms on or in living man or other living animals) which is in-
    jurious 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)) with respect to the pack-
    age, 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 acci-
    dental ingestion or contact with pesticides or devices regulated
    by this Act as well as to accomplish the other purposes of this
    Act;
    ,  (4) to specify those classes of devices which shall be subject to
    any provision of paragraph 2(q)(l) or section 7 of this Act upon
    his determination that application of such provision is neces-
    sary to effectuate the purposes of this Act;
      (5) to prescribe regulations requiring  any pesticide to be col-
    ored or discolored if he determines that such requirement is
    feasible and  is necessary  for the protection of health and the
    environment; and
      (6) to determine and establish suitable names to be used in
    the ingredient statement.
  (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 6(b) and of the proposed and final form of regulations
issued under section 25(a) within the same time periods as provided
for the comments of the Secretary of Agriculture under such sec-
tions. The time requirements for notices of intent and proposed and
final forms of regulation may not be modified or waived unless in
addition to meeting the requirements of section 6(b) or 25(a), as ap-
plicable, the advisory panel has failed to comment on the proposed
action within the prescribed time period or has agreed to the modi-
fication or waiver. The Administrator shall also solicit from the ad-
visory panel comments, evaluations, and recommendations for op-
erating guidelines to improve the effectiveness and quality of scien-
tific analyses made by personnel of the Environmental Protection
Agency that lead to decisions by the Administrator in carrying out
the provisions of this  Act. The comments, evaluations, and recom-
mendations 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

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Sec. 25
FIFRA
70
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 nomi-
nees,  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 sci-
ences. If a vacancy occurs on the panel due to expiration of a term,
resignation, or any other reason, each replacement shall be select-
ed by the Administrator from a group of 4 nominees, 2 submitted
by each of the nominating entities 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 unex-
pired term utilizing the nomination process set forth in this subsec-
tion. 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 re-
quire  such information from the nominees to the advisory panel as
he deems necessary,  and he 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 sub-
section. 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 per-
forming the functions assigned by this Act, the panel shall consult
and coordinate its activities with the Science Advisory Board estab-
lished under the Environmental  Research, Development, and Dem-
onstration Authorization Act of 1978. Whenever the Administrator
exercises authority under section 6(c) of this Act to immediately
suspend the registration of any  pesticide to prevent an imminent
hazard,  the Administrator shall promptly submit to the advisory
panel for comment, as to the impact on health and the environ-
ment, the action taken to suspend the  registration  of such pesti-
cide.

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71
FIFRA
Sec. 26
  (e) PEER REVIEW.—The Administrator shall, by written proce-
dures, provide for peer review with respect to the design, protocols,
and conduct of major scientific studies conducted under this Act 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 ad-
visory panel established under subsection (d) of this section or ap-
propriate experts appointed by the Administrator from a current
list of nominees maintained by such panel, with respect to the  re-
sults of any such scientific studies relied upon by the Administra-
tor with respect to actions the Administrator may take relating to
the change in classification, suspension, or cancellation of a pesti-
cide. 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 sec-
tion 6(c) of this Act 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 pro-
vided 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 Adminis-
trator to the advisory panel as provided hi subsection (d).  As used
in this subsection, the term  "peer review" shall mean an independ-
ent evaluation by scientific experts,  either  within or outside the
Environmental Protection Agency, in the appropriate disciplines.
SEC. 26. £136w-l] STATE PRIMARY ENFORCEMENT RESPONSIBILITY.
  (a) IN GENERAL.—For the purposes of this Act, a State shall have
primary enforcement responsibility  for pesticide use  violations
during  any period for which the  Administrator  determines that
such State—
      (1) has adopted 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 Act;
      (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 agree-
ment with the Administrator under section  23 of this Act for the
enforcement of pesticide use restrictions shall have the primary  en-
forcement responsibility for pesticide use violations. Any State that
has a plan approved by the Administrator in accordance with the
requirements of section 11 of this Act that the Administrator deter-
mines 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 11 of this Act in effect on the

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Sec. 27
FIFRA
72
date of enactment of the Federal Pesticide Act of 1978 [September
30,1978] not later than six months after that date.
  (c) ADMINISTRATOR.—The Administrator shall have primary en-
forcement responsibility for those States that do not have primary
enforcement responsibility under this  Act. Not withstanding the
provisions of section 2(e)(l) of this Act, during any period when the
Administrator has such enforcement responsibility, section 8(b) of
this Act shall apply to the books and records of commercial appli-
cators and to any applicator who holds  or applies pesticides, or use
dilutions of pesticides, only to provide a service of controlling pests
without delivering any unapplied pesticide to any person so served,
and section 9(a)  of  this Act shall 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 ap-
plication.
SEC. 27. [136W-2] FAILURE BY THE STATE TO ASSURE ENFORCEMENT OF
           STATE PESTICIDE USE REGULATIONS.
  (a) REFERRAL.—Upon receipt of any complaint or other informa-
tion alleging or indicating a significant violation  of the pesticide
use provisions of this Act, the Administrator shall refer the matter
to the  appropriate  State  officials for  their  investigation of the
matter consistent with the  requirements of this Act. If, within
thirty days, the State has not commenced appropriate enforcement
action, the Administrator may act upon the complaint or informa-
tion to the extent authorized under this Act.
  (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 in-
adequate. The State shall have  ninety days after receipt of the
notice to correct any deficiencies. If after that time the Administra-
tor determines that the State program remains inadequate, the Ad-
ministrator  may  rescind, in whole or in part, the  State's primary
enforcement responsibility for pesticide  use violations.
  (c) CONSTRUCTION.—Neither section 26 of this Act nor this section
shall limit the authority of the Administrator to enforce this Act,
where  the  Administrator  determines  that emergency  conditions
exist that require immediate action on  the part of the Administra-
tor and the  State authority is unwilling or unable adequately to re-
spond to the emergency.
SEC. 28. £136w-3]  IDENTIFICATION OF PESTS; COOPERATION WITH DE-
          PARTMENT OF AGRICULTURE'S PROGRAM.
  The  Administrator,  in coordination with  the Secretary of Agri-
culture, shall identify those pests that must be brought under con-
trol. The Administrator shall also coordinate and cooperate with
the Secretary of Agriculture's research and  implementation pro-
grams 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 distri-
bution of agricultural products to domestic and foreign consumers.

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73
FIFRA
Sec. 31
SEC. 29. [136w-4] ANNUAL REPORT.
  The Administrator shall submit an annual report to Congress
before February  16 of each year and the first report shall be due
February 15, 1979. The report shall include the total number of ap-
plications for conditional registration under sections 3(c)(7)(B) and
3(c)(7)(C) of this Act that were filed during the immediately preced-
ing 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 condi-
tions  in  each case, and the quantities produced of such pesticides.
SEC. 30. £136x3 SEVERABILITY.
  If any provision of this Act or  the application thereof to any
person or circumstance is held invalid, the invalidity shall not
affect other  provisions or applications of this  Act which can be
given effect without regard to the invalid provision or application,
and to this end the provisions of this Act are severable.
SEC. 31. [136y] AUTHORIZATION FOR APPROPRIATIONS.
  There  is authorized  to  be appropriated  to  carry out this Act
(other than section 23(a))—
      (1) $83,000,000 for fiscal year 1989, of which not more than
    $13,735,500 shall be available for research under this Act;
      (2) $95,000,000 for fiscal year 1990, of which not more than
    $14,343,600 shall be available for research under this Act; and
      (3) $95,000,000 for fiscal year 1991, of which not more than
    $14,978,200 shall be available for research under this Act.
                                     •d U.S. GOVERNMENT PRINTING OFFICE:1992-617-003/67066

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