United States Washington, D C 20460
Environmental Protection April 1976
Agency Reprinted September 1976
*EPA The Federal
Insecticide,
Fungicide, and
Rodenticide Act
As Amended
Public Law 92-516
October 21, 1972
as amended by
Public Law 94-140
November 28, 1975
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Public Law 92-516, 92nd Congress, H.R. 10729, October 21, 1972
as amended by
Public Law 94-140, 94th Congress, H.R. 8841, November 28, 1975
86 STAT. 975-99*
Federal
Environmental
Pesticide
Control Act
of 1972.
To amend the Federal Insecticide, Fungicide, and Rodenticide Act, and for other
purposes,
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited as
the "Federal Environmental Pesticide Control Act of 1972".
AMENDMENTS TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
61 Stat. 163; SEC. 2. The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
78 Stat. 190. 136 et seq.) is amended to read as follows:
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"SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
"(a) SHORT TITLE.—This Act may be cited as the 'Federal Insecticide,
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.
"Sec. 3. Reg
stration of pesticides.
'(a) Requirement.
' (b) Exemptions.
' (c) Procedure for registration.
"(1) Statement required.
"(2) Data in support of registration.
"(3) Time for acting with respect to application.
"(4) Notice of application.
" (5) Approval of registration.
"(6) Denial of registration.
"(d) Classification of pesticides.
"(1) Classification for general use, restricted use, or both.
"(2) Change in classification.
"(e) Products with same formulation and claims.
"(f) Miscellaneous.
"(1) Effect of change of labeling or formulation.
"(2) Registration not a defense.
"(3) Authority to consult other Federal agencies.
"Sec. 4. Use of restricted use pesticides; certified applicators.
"(a) Certification procedure.
"(1) Federal certification.
"(2) State certification.
"(b) State plans.
" (c) Instruction in integrated pest management techniques
"Sec. 5. Experimental use permits.
"(a) Issuance.
"(b) Temporary tolerance level.
"(c) Use under permit.
"(d) Studies.
" (e) Revocation.
1
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" (0 State issuance ot permits
" (g) Exemption for agricultural research agencies
"Sec. 6. Administrative review; suspension.
"(a) Cancellation after five years.
"(1) Procedure
"(2) Information.
"(b) Cancellation and change in classification.
"(c) Suspension.
"(1) Order.
"(2) Expedite hearing.
"(3) Emergency order.
"(4) Judicial review.
"(d) Public hearings and scientific review,
"(e) Judicial review.
"Sec. 7. Registration of establishments.
"(a) Requirement.
"(b) Registration.
"(c) Information required.
"(d) Confidential records and information.
"Sec. 8. Books and records.
"(a) Requirements.
"(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.
"Sec. 11. Standards applicable to pesticide applicators.
"(a) In general.
"(b) Separate standards.
"Sec. 12. Unlawful acts,
"(a) In general.
"(b) Exemptions.
"Sec. 13. Stop sale, use, removal, and seizure.
"(a) Stop sale, etc., orders.
"(b) Seizure.
"(c) Disposition after condemnation.
"(d) Court costs, etc.
"Sec. 14. Penalties.
"(a) Civil penalties.
"(1) In general.
"(2) Private applicator.
"(3) Hearing.
"(4) References to Attorney General.
"(b) Criminal penalties.
"(1) In general.
"(2) Private applicator.
"(3) Disclosure of information.
"(4) Acts of officers, agents, etc.
"Sec. 15. Indemnities.
"(a) Requirement.
"(b) Amount of payment.
"(1) In general.
"(2) Special rule.
"Sec. 16. Administrative procedure; judicial review.
"(a) District court review.
"(b) Review by Court of Appeals.
"(c) Jurisdiction of district courts.
"(d) Notice of judgments.
"Sec. 17. Imports and exports.
"(a) Pesticides and devices intended for export.
"(b) Cancellation notices furnished to foreign governments.
"(c) Importation of pesticides and devices.
"(d) Cooperation in international efforts.
"(e) Regulations.
"Sec. 18. Exemption of Federal agencies.
"Sec. 19. Disposal and transportation.
"(a) Procedures.
"(b) Advice to Secretary of Transportation.
"Sec. 20. Research and monitoring.
"(a) Research.
"(b) National monitoring plan.
"(c) Monitoring.
"Sec. 21. Solicitation of public comments; notice of public hearings.
"Sec. 22. Delegation and cooperation.
" (a) Delegation
" (b) Cooperation
"Sec. 23. State cooperation, aid, and training.
"(a) Cooperative agreements.
"(b) Contracts for training.
"Sec. 24. Authority of States.
"Sec. 25. Authority of Administrator.
"(a) (I I Regulations
" (2) Procedure
"(A) Proposed regulation).
"(B) Final regulations.
" (C) Time requirements.
" (D) Publication in the Federal Register.
" (3) Congressional committee!.
"(b) Exemption of pesticides.
"(c) Other authority.
"Sec, 26. Severabiltty.
"Sec. 27. Authorization for appropriations,
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"SEC. 2. DEFINITIONS.
"For purposes of this Act—
"(a) ACTIVE INGREDIENT.—The term 'active ingredient' means—
"(1) in the case of a pesticide other than a plant regulator, defoliant,
or desiccant, an ingredient which will prevent, destroy, repel, or
mitigate any pest;
"(2) in the case of a plant regulator, an ingredient which, through
physiological action, will accelerate or retard the rate of growth or rate
of maturation or otherwise alter the behavior of ornamental or crop
plants or the product thereof;
"(3) in the case of a defoliant, an ingredient which will cause the
leaves or foliage to drop from a plant; and
"(4) in the case of a desiccant, an ingredient which will artificially
accelerate the drying of plant tissue.
"(b) ADMINISTRATOR.—The term 'Administrator' means the Administrator
of the Environmental Protection Agency.
"(c) ADULTERATED.—The term 'adulterated' applies to any pesticide if:
"(1) its strength or purity falls below the professed standard of
quality as expressed on its labeling under which it is sold;
"(2) any substance has been substituted wholly or in part for the
pesticide; or
"(3) any valuable constituent of the pesticide has been wholly or in
part abstracted.
"(d) ANIMAL.—The term 'animal' means all vertebrate and invertebrate
species, including but not limited to man and other mammals, birds, fish,
and shellfish.
"(e) CERTIFIED APPLICATOR, ETC.—
"(1) CERTIFIED APPLICATOR.—The term 'certified applicator' means
any individual who is certified under section 4 as authorized to use or
supervise the use of any pesticide which is classified for restricted use.
"(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 compensation other than trading of
personal services between producers of agricultural commodities) on
the property of another person.
"(3) COMMERCIAL APPLICATOR.—The term 'commercial applicator'
means a certified applicator (whether or not he is a private applicator
with respect to some uses) who uses or supervises the use of any
pesticide which is classified for restricted use for any purpose or on
any property other than as provided by paragraph (2).
"(4) UNDER THE DIRECT SUPERVISION OF A CERTIFIED APPLICATOR.—
Unless otherwise prescribed by its labeling, a pesticide shall be con-
sidered to be applied under the direct supervision of a certified appli-
cator if it is applied by a competent person acting under the instructions
and control of a certified applicator who is available if and when
needed, even though such certified applicator is not physically present
at the time and place the pesticide is applied.
"(f) DEFOLIANT.—The term 'defoliant' means any substance 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 contrivance
(other than a firearm) which is intended for trapping, destroying, repelling,
or mitigating any pest or any other form of plant or animal life (other than
man and other than Bacteria, virus, or other microorganism on or in living
man or other living animals); but not including equipment used for the
application of pesticides when sold separately therefrom.
"(i) DISTRICT COURT.—The term 'district court' means a United States
district court, the District Court of Guam, the District Court of the Virgin
Islands, and the highest court of American Samoa.
"(j) ENVIRONMENT.—The term 'environment' includes water, air, land,
and all plants and man and other animals living therein, and the inter-
relationships which exist among these.
"(k) FUNGUS.—The term 'fungus' means any non-chlorophyll-bearing
thallophyte (that is, any non-chlorophyll-bearing plant of a lower order
than mosses and liverworts), as for example, rust, smut, mildew, mold,
yeast, and bacteria, except those on or in living man or other animals and
those on or in processed food, beverages, or Pharmaceuticals.
"(1) IMMINENT HAZARD.—The term 'imminent hazard' means a situation
which exists when the continued use of a pesticide during the time required
for cancellation proceeding would be likely to result in unreasonable adverse
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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.
>s Stet. 17«. "(m) INERT INGREDIENT.—The term 'inert ingredient' means an ingredient
it DSC MScc-1. which is not active.
"(n) INGREDIENT STATEMENT.—The term 'ingredient statement' means a
statement which contains—
"(1) the name and percentage of each active ingredient, and the
total percentage of all inert ingredients, in the pesticide; and
"(2) if the pesticide contains arsenic in any form, a statement of the
percentages of total and water soluble arsenic, calculated as elementary
arsenic.
"(o) INSECT.—The term 'insect' means any of the numerous small inverte-
brate animals generally haying the body more or less obviously segmented,
for the most part belonging to the class insecta, comprising six-legged,
usually winged forms, as for example, beetles, bugs, bees, flies, and to other
allied classes of arthropods whose members are wingless and usually have
more than six legs, as for example, spiders, mites, ticks, centipedes, and
wood lice.
"(p) LABEL AND LABELING.—
"(1) LABEL.—The term 'label' means the written, printed, or graphic
matter on, or attached to, the pesticide or device or any of its con-
tainers or wrappers.
"(2) LABELING.—The term 'labeling' means all labels and all other
written, printed, or graphic matter—
"(A) accompanying the pesticide or device at any time; or
"(B) to which reference is made on the label or in literature
accompanying the pesticide or device, except to current official
publications of the Environmental Protection Agency, the United
States Departments of Agriculture and Interior, the Department
of Health, Education, and Welfare, State experiment stations, State
agricultural colleges, and other similar Federal or State institutions
or agencies authorized by law to conduct research in the field of
pesticides.
"(q) MlSBRANDED.—
"(1) A pesticide is misbranded if—
"(A) its labeling bears any statement, design, or graphic repre-
sentation relative thereto or to its ingredients which is false or
misleading in any particular;
" (B) it is contained in a package or other container or wrapping
which does not conform to the standards established by the Admin-
istrator pursuant to section 25(c)(3);
"(C) it is an imitation of, or is offered for sale under the name
of, another pesticide;
"(D) its label does not bear the registration number assigned
under section 7 to each establishment in which it was produced;
"(E) any word, statement, or other information required by or
under authority of this Act to appear on the label or labeling is
not prominently placed thereon with such conspicuousness (as
compared with other words, statements, designs, or graphic matter
in the labeling) and in such terms as to render it likely to be read
and understood by the ordinary individual under customary condi-
tions of purchase and use;
"(F) the labeling accompanying it does not contain directions
for use which are necessary for effecting the purpose for which the
product is intended and if complied with, together with any require-
ments imposed under section 3(d) of this Act, are adequate to
protect health and the environment;
"(G) the label does not contain a warning or caution statement
which may be necessary and if complied with, together with any
requirements imposed under section 3(d) of this Act, is adequate
to protect health and the environment.
" (2) A pesticide is misbranded if—
"(A) the label does not bear an ingredient statement on that
part of the immediate container (and on the outside container or
wrapper of the retail package, if there be one, through which the
ingredient statement on the immediate container cannot be clearly
read) which is presented or displayed under customary conditions
of purchase, except that a pesticide is not misbranded under this
subparagraph if:
"(i) the size of form of the immediate container, or the outside
container or wrapper of the retail package, makes it impracticable
to place the ingredient statement on the part which is presented
or displayed under customary conditions of purchase; and
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"(ii) the ingredient statement appears prominently on another
part of the immediate container, or outside container or wrapper,
permitted by the Administrator;
"(B) the labeling does not contain a statement of the use
classification under which the product is registered;
"(C) there is not affixed to its container, and to the outside
container or wrapper of the retail package, if there be one,
through which the required information on the immediate con-
tainer cannot be clearly read, a label bearing—
"(i) the name and address of the producer, registrant, or
person for whom produced;
"(ii) the name, brand, or trademark under which the
pesticide is sold;
"(iii) the net weight or measure of the content: Provided,
That the Administrator may permit reasonable variations; and
"(iv) when required by regulation of the Administrator to
effectuate the purposes of this Act, the registration number
assigned to the pesticide under this Act, and the use classifi-
cation; 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 background
of distinctly contrasting color; and
"(iii) a statement of a practical treatment (first aid or
otherwise) in case of poisoning by the pesticide.
"(r) NEMATODE.—The term 'nematode' means invertebrate animals of
the phylum nemathelminthes and class nematoda, that is, unsegmented
round worms with elongated, fusiform, or saclike bodies covered with
cuticle, and inhabiting soil, water, plants, or plant parts; may also be called
nemas or eelworms.
"(s) PERSON.—The term 'person' means any individual, partnership,
association, corporation, or any organized group of persons whether
incorporated or not.
"(t) PEST.—The term 'pest' means (1) any insect, rodent, nematode,
fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal
life or virus, bacteria, or other micro-organism (except viruses, bacteria, or
other micro-organisms on or in living man or other living animals) which
the Administator declares to be a pest under section 25 (c) (1).
"(u) PESTICIDE.—The term 'pesticide' means (1) any substance or mixture p.L. »4-l4«
of substances intended for preventing, destroying, repelling, or mitigating " S*«t. 1U
any pest, and (2) any substance or mixture of substances intended for use
as a plant regulator, defoliant, or desiccant: Provided, That the term
'pesticide' shall not include any article (l)(a) that is a 'new animal drug'
within the meaning of section 201 (w) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321 (w)), or (b) that has been determined by the
Secretary of Health, Education, and Welfare not to be a new animal drug
by a regulation establishing conditions of use for the article, or (2) that is
an animal feed within the meaning of section 201(x) of such Act (21
U.S.C. 321 (x)) bearing or containing an article covered by clause (1) of this
proviso."
" (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 amend-
ments. 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 improve-
ment, maintenance, survival, health, and propagation of plants, and as are
not for pest destruction and are nontoxic, nonpoisonous in the undiluted
packaged concentration.
"(w) PRODUCER AND PRODUCE.—The term 'producer' means the person
who manufactures, prepares, compounds, propagates, or processes any
pesticide or device. The term 'produce' means to manufacture, prepare,
compound, propagate, or process any pesticide or device.
"(x) PROTECT HEALTH AND THE ENVIRONMENT.—The terms 'protect
health and the environment' and 'protection of health and the environment*
mean protection against any unreasonable adverse effects on the environ-
ment.
"(y) REGISTRANT.—The term 'registrant' means a person who has regis-
tered any pesticide pursuant to the provisions of this Act.
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P.L. 94-140
89 8t*t. TSS
Test data.
Appeal.
"(z) REGISTRATION.—The term 'registration' includes ^registration.
"(aa) STATE.—The term 'State' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust
Territory of the Pacific Islands, and American Samoa.
"(bb) UNREASONABLE ADVERSE EFFECTS ON THE ENVIRONMENT.—The
term 'unreasonable adverse effects on the environment' means any unreason-
able 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 grows1 where
not wanted.
"(dd) ESTABLISHMENT.—The term 'establishment' means any place where
a pesticide or device is produced, or held, for distribution or sale.
«SEC. 3. REGISTRATION OF PESTICIDES.
"(a) REQUIREMENT.—Except as otherwise provided by this Act, no person
in any State may distribute, sell, offer for sale, hold for sale, ship, deliver
for shipment, or receive and (having so received) deliver or offer to deliver,
to any person any pesticide which is not registered with the Administrator.
"(b) EXEMPTIONS.—A pesticide which is not registered with the Admin-
istrator may be transferred if—
"(1) the transfer is from one registered establishment to another
registered establishment operated by the same producer solely for
packaging at the second establishment or for use as a constituent part
of another pesticide produced at the second establishment; or
"(2) the transfer is pursuant to and in accordance with the require-
ments 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 state-
ment of all claims to be made for it, and any directions for its use;
(D) if requested by the Administrator, a full description of the
tests made and the results thereof upon which the claims are
based, except that data submitted on or after January 1, 1970, in
support of an application shall not, without permission of the
applicant, be considered by the Administrator in support of any
other application for registration unless such other applicant shall
have first offered to pay reasonable compensation for producing
the test data to be relied upon and such data is not protected from
disclosure by section 10(b). This provision with regard to com-
pensation for producing the test data to be relied upon shall apply
with respect to all applications for registration or reregistration
submitted on or after October 21, 1972. If the parties cannot agree
on the amount and method of payment, the Administrator shall
make such determination and may fix such other terms and condi-
tions as may be reasonable under the circumstances. The Admin-
istrator's determination shall be made on the record after notice
and opportunity for hearing. If either party does not agree with
said determination, he may, within thirty days, take an appeal to
the Federal district court for the district in which he resides with
respect to either the amount of the payment or the terms of pay-
ment, or both. Registration shall not be delayed pending the
determination of reasonable compensation between the applicants,
by the Administrator or by the court.
" (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.—The Administrator shall
publish guidelines specifying the kinds of information which will be
required to support the registration of a pesticide and shall revise such
guidelines from time to time. If thereafter he requires any additional
kind of information he shall permit sufficient time for applicants to
obtain such additional information. Except as provided by subsection
(c)(l)(D) of this section and section 10, within 30 days after the
Administrator registers a pesticide under this Act he shall make avail-
able to the public the data called for in the registration statement
together with sucK other scientific information as he deems relevant
to his decision.
"(3) TIME FOR ACTING WITH RESPECT TO APPLICATION.—The Adminis-
trator shall review the data after receipt of the application and shall,
as expeditiously as possible, either register the pesticide in accordance
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with paragraph (5), or notify the applicant of his determination that
it does not comply with the provisions of the Act in accordance with
paragraph (6).
"(4) NOTICE OF APPLICATION.—The Administrator shall publish in the
Federal Register, promptly after receipt of the statement and other
data required pursuant to paragraphs (1) and (2), a notice of each
application for registration of any pesticide if it contains any new
active ingredient or if it would entail a changed use pattern. The
notice shall provide for a period of 30 days in which any Federal agency,
or any other interested person may comment.
"(5) APPROVAL OF REGISTRATION.—The Administrator shall register a
pesticide if 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 submitted
comply with the requirements of this Act;
"(C) it will perform its intended function without unreasonable
adverse effects on the environment; and
"(D) when used in accordance with widespread and commonly
recognized practice it will not generally cause unreasonable
adverse effects on the environment.
The Administrator shall not make any lack of essentiality a criterion
for denying registration of any pesticide. Where two pesticides meet the
requirements of this paragraph, one should not be registered in prefer-
ence to the other.
"(6) DENIAL OF REGISTRATION.—If the Administrator determines that
the requirements of paragraph (5) for registration are not satisfied, he
shall notify the applicant for registration of his determination and of
his reasons (including the factual basis) therefor, and that, unless the
applicant corrects the conditions and notifies the Administrator thereof
during the 30-day period beginning with the day after the date on
which the applicant receives the notice, the Administrator may refuse
to register the pesticide. Whenever the Administrator refuses to register
a pesticide, he shall notify the applicant of his decision and of his
reasons (including the factual basis) therefor. The Administrator 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 concur-
rence of the applicant shall have the same remedies as provided for
in section 6.
' (d) CLASSIFICATION OF PESTICIDES.—
"(1) CLASSIFICATION FOR GENERAL USE, RESTRICTED USE, OR BOTH.—
"(A) As a part of the registration of a pesticide the Adminis-
trator shall classify it as being for general use or for restricted use,
provided that if the Administrator determines that some of the uses
for which the pesticide is registered should be for general use and
that other uses for which it is registered should be for restricted
use, he shall classify it for both general use and restricted use. If
some of the uses of the pesticide are classified for general use and
other uses are classified for restricted use, the directions relating
to its general uses shall be clearly separated and distinguished from
those directions relating to its restricted uses: Provided, however,
That the Administrator may require that its packaging and labeling
for restricted uses shall be clearly distinguishable from its packaging
and labeling for general uses.
"(B) If the Administrator determines that the pesticide, when
applied in accordance with its directions for use, warnings and
cautions and for the uses for which it is registered, or for one or
more of such uses, or in accordance with a widespread and com-
monly recognized practice, will not generally cause unreasonable
adverse effects on the environment, he will classify the pesticide,
or the particular use or uses of the pesticide to which the deter-
mination applies, for general use.
"(C) If the Administrator determines that the pesticide, when
applied in accordance with its directions for use, warnings and
cautions and for the uses for which it is registered, or for one or
more of such uses, or in accordance with a widespread and com-
monly recognized practice, may generally cause, without additional
regulatory restrictions, unreasonable adverse effects on the environ-
ment, including 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
Publication
in Federal
Register.
Publication
in Federal
Register.
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Publication
in Federal
Register.
Standards.
P.L. 94-140
89 Stat. 753
more uses of such pesticide, for restricted use because of a
determination that the acute dermal or inhalation toxicity of
the pesticide presents a hazard to the applicator or other
persons, the pesticide shall be applied for any use to which the
restricted classification applies only by or under the direct
supervision of a certified applicator.
"(ii) If the Administrator classifies a pesticide, or one or
more uses of such pesticide, for restricted use because of a
determination that its use without additional regulatory restric-
tion may cause unreasonable adverse effects on the environ-
ment, the pesticide shall be applied for any use to which the
determination applies only by or under the direct supervision
of a certified applicator, or subject to such other restrictions
as the Administrator may provide by regulation. Any such
regulation shall be reviewable in the appropriate court of
appeals upon petition of a person adversely affected filed within
60 days of the publication of the regulation in final form.
"(2) CHANGE IN CLASSIFICATION.—If the Administrator determines
that a change in the classification of any use of a pesticide from general
use to restricted use is necessary to prevent unreasonable adverse effects
on the environment, he shall notify the registrant of such pesticide of
such determination at least 30 days before making the change and shall
publish the proposed change in the Federal Register. The registrant, or
other interested person with the concurrence of the registrant, may seek
relief from such determination under section 6(b).
"(e) PRODUCTS WITH SAME FORMULATION AND CLAIMS.—Products which
have the same formulation, are manufactured by the same person, the
labeling of which contains the same claims, and the labels of which bear a
designation identifying the product as the same pesticide may be registered
as a single pesticide; and additional names and labels shall be added to the
registration by supplemental statements.
"(f) MISCELLANEOUS.—
"(1) EFFECr OF CHANGE OF LABELING OR FORMULATION.—If the label-
ing or formulation for a pesticide is changed, the registration shall be
amended to reflect such change if the Administrator determines that
the change will not violate any provision of this Act.
"(2) REGISTRATION NOT A DEFENSE.—In no event shall registration of
an article be construed as a defense for the commission of any offense
under this Act: Provided, That as long as no cancellation proceedings
are in effect registration of a pesticide shall be prima facie evidence
that the pesticide, its labeling and packaging comply with the registra-
tion provisions of the Act.
"(3) AUTHORITY TO CONSULT OTHER FEDERAL AGENCIES.—In connec-
tion with consideration of any registration or application for registra-
tion under this section, the Administrator may consult with any other
Federal agency.
"SEC. 4. USE OF RESTRICTED USE PESTICIDES; CERTIFIED APPLI-
CATORS.
" (a) CERTIFICATION PROCEDURE.—
"(1) FEDERAL CERTIFICATION.—Subject to paragraph (2), the Admin-
istrator shall prescribe standards for the certification of applicators of
pesticides. Such standards shall provide that to be certified, an individual
must be determined to be competent with respect to the use and
handling of pesticides, or to the use and handling of the pesticide or
class of pesticides covered by such individual's certification: Provided,
however, That the certification standard for a private applicator shall,
under a State plan submitted for approval, be deemed fulfilled by his
completing a certification form. The Administrator shall further assure
that such form contains adequate information and affirmations to carry
out the intent of this Act, and may include in the form an affirmation
that the private applicator has completed a training program approved
by the Administrator so long as the program does not require the
private applicator to take, pursuant to a requirement prescribed by the
Administrator, any examination to establish competency in the use
of the pesticide. The Administrator may require any pesticide dealer
participating in a certification program to be licensed under a State
licensing program approved by 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 modification thereof, if such plan in his
judgment—
"(A) designates a State agency as the agency responsible for
8
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administering the plan throughout the State;
"(B) contains satisfactory assurances that such agency has
or will have the legal authority and qualified personnel necessary
to carry out the plan;
"(C) gives satisfactory assurances that the State will devote
adequate funds to the administration of the plan;
"(D) provides that the State agency will make such reports to
the Administrator in such form and containing such information
as the Administrator may from time to time require; and
"(E) contains satisfactory assurances that State standards for
the certification of applicators of pesticides conform with those
standards prescribed by the Administrator under paragraph (1).
Any State certification program under this section shall be maintained in
accordance with the State plan approved under this section.
"(b) STATE PLANS.—If the Administrator rejects a plan submitted under
this paragraph, he shall afford the State submitting the plan due notice and
opportunity for hearing before so doing. If the Administrator approves a
plan submitted under this paragraph, then such State shall certify applicators
of pesticides with respect to such State. Whenever the Administrator deter-
mines that a State is not administering the certification program in accord-
ance 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 appropriate
corrective action is not taken within a reasonable time, not to exceed ninety
days, the Administrator shall withdraw approval of such plan.
"(c) INSTRUCTION IN INTEGRATED PEST MANAGEMENT TECHNIQUES.—
Standards prescribed by the Administrator for the certification of applicators
of pesticides under subsection (a), and State plans submitted to the Admin-
istrator under subsections (a) and (b), shall include provisions for making
instructional materials concerning integrated pest management techniques
available to individuals at their request in accordance with the provisions
of section 23 (c) of this Act, but such plans may not require that any
individual receive instruction concerning such techniques or be shown to be
competent with respect to the use of such techniques. The Administrator
and States implementing such plans shall provide that all interested individ-
uals are notified of the availability of such instructional materials."
"SEC. 5. EXPERIMENTAL USE PERMITS.
"(a) ISSUANCE.—Any person may apply to the Administrator for an
experimental use permit for a pesticide. The Administrator may issue an
experimental use permit if he determines that the applicant needs such
permit in order to accumulate information necessary to register a pesticide
under section 3. An application for an experimental use permit may be filed
at the time of or before or after an application for registration is filed.
"(b) TEMPORARY TOLERANCE LEVEL.—If the Administrator determines
that the use of a pesticide may reasonably be expected to result in any
residue on or in food or feed, he may establish a temporary tolerance level
for the residue of the pesticide before issuing the experimental use permit.
"(c) USE UNDER PERMIT.—Use of a pesticide under an experimental use
permit shall be under the supervision of the Administrator, and shall be
subject to such terms and conditions and be for such period of time as the
Administrator may prescribe in the permit.
"(d) STUDIES.—When any experimental use permit is issued for a pesti-
cide containing any chemical or combination of chemicals which has not
been included in any previously registered pesticide, the Administrator may
specify that studies be conducted to detect whether the use of the pesticide
under the permit may cause unreasonable adverse effects on the environ-
ment 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 experimental 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 unreason-
able adverse effects on the environment.
"(f) STATE ISSUANCE OF PERMITS.—Notwithstanding the foregoing provi-
sions of this section, the Administrator may, under such terms and condi-
tions as he may by regulations prescribe, authorize any State to issue an
experimental use permit for a pesticide. All provisions of section 4 relating
to State plans shall apply with equal force to a State plan for the issuance
of experimental use permits under this section.
"(g) EXEMPTION FOR AGRICULTURAL RESEARCH AGENCIES.—Notwithstand-
ing the foregoing provisions of this section, the Administrator may issue an
experimental use permit for a pesticide to any public or private agricultural
research agency or educational institution which applies for such permit.
Each permit shall not exceed more than a one-year period or such other
specific time as the Administrator may prescribe. Such permit shall be issued
Hearing.
P.L. 91-140
89 Stat. 754
7 USC 136n.
P.L. 94-140
89 Stat. 754
-------
Publication
in Federal
Kettoter.
Hearing.
P.L. S4-UO
89 Stat. 751
Publication in
Federal Reiiiter.
Ante, p. 753.
P.L. M-llO
S* Stat. 761
under such terms and conditions restricting the use of the pesticide as the
Administrator may require: Provided, That such pesticide may be used only
by such research agency or educational institution for purposes of experi-
mentation."
"SEC. 6. ADMINISTRATIVE REVIEW; SUSPENSION.
" (a) CANCELLATION AFTER FIVE YEARS—
"(1) PROCEDURE.—The Administrator shall cancel the registration
of any pesticide at the end of the five-year period which begins on the
date of its registration (or at the end of any five-year period thereafter)
unless the registrant, or other interested person with the concurrence
of the registrant, before the end of such period, requests in accordance
with regulations prescribed by the Administrator that the registration
be continued in effect: Provided, That 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 inconsistent with the purposes
of this Act and will not have unreasonable adverse effects on the
environment. The Administrator shall publish in the Federal Register,
at least 30 days prior to the expiration of such five-year period, notice
that the registration will be canceled if the 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 pesti-
cide the registrant has additional factual information regarding un-
reasonable adverse effects on the environment of the pesticide, he shall
submit such information to the Administrator.
"(b) CANCELLATION AND CHANGE IN CLASSIFICATION.—If it appears to the
Administrator that a pesticide or its labeling or other material required to
he submitted does not comply with the provisions of this Act or. when used
in accordance with widespread and commonly recognized practice, generally
causes unreasonable adverse effects on the environment, the Administrator
may issue a notice of his intent either—
"(1) to cancel its registration or to change its classification together
with the reasons (including the factual basis) for his action, or
"(2) to hold a hearing to determine whether or not its registration
should be canceled or its classification changed.
Such notice shall be sent to the registrant and made public. In determining
whether to issue any such notice, the Administrator shall include among
those factors to be taken into account the impact of the action proposed
in such notice on production and prices of agricultural commodities, retail
food prices, and otherwise on the agricultural economy. At least 60 days
prior to sending such notice to the registrant or making public such notice,
whichever occurs first, the Administrator shall provide the Secretary of
Agriculture with a copy of such notice and an analysis of such impact on
the agricultural economy. If the Secretary comments in writing to the
Administrator regarding the notice and analysis within 30 days after
receiving them, the Administrator shall publish in the Federal Register
(with the notice) the comments of the Secretary and the response of the
Administrator with regard to the Secretary's comments. If the Secretary
does not comment in writing to the Administrator regarding the notice and
analysis within 30 days after receiving them, the Administrator may notify
the registrant and make public the notice at any time after such 30-day
period notwithstanding the foregoing 60-day time requirement. The time
requirements imposed by the preceding 3 sentences may be waived or
modified to the extent agreed upon by the Administrator and the Secretary.
Notwithstanding any other provision of this subsection (b) and section
25(d), in the event that the Administrator determines that suspension of a
pesticide registration is necessary to prevent an imminent hazard to human
health, then upon such a finding the Administrator may waive the require-
ment of notice to and consultation with the Secretary of Agriculture pur-
suant 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 adversely affected by the notice. In the
event a hearing is held pursuant to such a request or to the Administrator's
determination under paragraph (2), a decision pertaining to registration or
classification issued after completion of such hearing shall be final.
In taking any final action under this subsection, the Administrator shall
include among those factors to be taken into account the impact of such
10
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80 Stat. 881;
81 Stat. 14.
5 USC 551,
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 neces-
sary to prevent an imminent hazard during the time required for can-
cellation or change in classification proceedings he may, by order,
suspend the registration of the pesticide immediately. No order of
suspension may be issued unless the Administrator has issued or at the
same time issues notice of his intention to cancel the registration or
change the classification of the pesticide.
"Except as provided in paragraph (3), the Administrator shall notify
the registrant prior to issuing any suspension order. Such notice shall
include findings pertaining to the question of 'imminent hazard'. The
registrant shall then have an opportunity, in accordance with the pro-
visions of paragraph (2), for an expedited hearing before the Agency
on the question of whether an imminent hazard exists.
"(2) EXPEDITE HEARING.—If no request for a hearing is submitted
to the Agency within five days of the registrant's receipt of the notifica-
tion provided for by paragraph (1), the suspension order may be issued
and shall take effect and shall not be reviewable by a court. If a hearing
is requested, it shall commence within five days of the receipt of the
request for such hearing unless the registrant and the Agency 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 officer need not be a certified
hearing examiner. The presiding officer shall have ten days from the
conclusion of the presentation of evidence to submit recommended
findings and conclusions to the Administrator, who shall then have
seven days to render a final order on the issue of suspension.
"(3) EMERGENCY ORDER.—Whenever the Administrator determines
that an emergency exists that does not permit him to hold a hearing
before suspending, he may issue a suspension order in advance of noti-
fication to the registrant. In that case, paragraph (2) shall apply except
that (i) the order of suspension shall be in effect pending the expedi-
tious completion of the remedies provided by that paragraph and the
issuance of a final order on suspension, and (ii) no party other than
the registrant and the Agency shall participate except that any person
adversely affected may file briefs within the time allotted by the
Agency's rules. Any person so filing briefs shall be considered a party
to such proceeding for the purpose of section 16(b).
"(4) JUDICIAL REVIEW.—A final order on the question of suspension
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. Petitions to review orders on the
issue of suspension shall be advanced on the docket of the courts of
appeals. Any order of suspension entered prior to a hearing before the
Administrator shall be subject to immediate review in an action by the
registrant or other interested person with the concurrence of the
registrant in an appropriate district court, solely to determine whether
the order of suspension was arbitrary, capricious or an abuse of dis-
cretion, or whether the order was issued in accordance with the proce-
dures established by law. The effect of any order of the court will be
only to stay the effectiveness of the suspension order, pending the
Administrator's final decision with respect to cancellation or change in
classification. This action may be maintained simultaneously with any
administrative review proceeding under this section. The commence-
ment 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 Admin-
istrator pursuant to subsection (b), such hearing shall be held after due
notice for the purpose of receiving evidence relevant and material to the
issues raised by the objections filed by the applicant or other interested
parties, or to the issues stated by the Administrator, if the hearing is called
by the Administrator rather than by the filing of objections. Upon a show-
ing of relevance and reasonable scope of evidence sought by any party to a
public hearing, the Hearing Examiner shall issue a subpena to compel testi- Subpen*.
mony or production of documents from any person. The Hearing Examiner
shall be guided by the principles of the Federal Rules of Civil Procedure
in making any order for the protection of the witness or the content of
documents produced and shall order the payment of reasonable fees and
expenses as a condition to requiring testimony of the witness. On contest,
the subpena may be enforced by an appropriate United States district court
11
28 USC tpp.
-------
in accordance with the principles stated herein. Upon the request of any
party to a public hearing and when in the Hearing Examiner's judgment
it is necessary or desirable, the Hearing Examiner shall at any time before
the hearing record is closed refer to a Committee of the National Academy
of Sciences the relevant questions of scientific fact involved in the public
hearing. No member of any committee of the National Academy of Sciences
established to carry out the functions of this section shall have a financial
or other conflict of interest with respect to any matter considered by such
Report. committee. The Committee of the National Academy of Sciences shall
report in writing to the Hearing Examiner within 60 days after such referral
on these questions of scientific fact. The report shall be made public and
shall be considered as part of the hearing record. The Administrator shall
enter into appropriate arrangements with the National Academy of Sciences
to assure an objective and competent scientific review of the questions
presented to Committees of the Academy and to provide such other scientific
advisory services as may be required by the Administrator for carrying out
the purposes of this Act. As soon as practicable after completion of the
hearing (including the report of the Academy) but not later than 90 days
thereafter, the Administrator shall evaluate the data and reports before him
and issue an order either revoking his notice of intention issued pursuant to
this section, or shall issue an order either canceling the registration, chang-
ing the classification, denying the registration, or requiring modification of
the labeling or packaging of the article. Such order shall be based only on
substantial evidence of record of such hearing and shall set forth detailed
findings of fact upon which the order is based.
"(e) JUDICIAL REVIEW.—Final orders of the Administrator under this
section shall be subject to judicial review pursuant to section 16.
"SEC. 7. REGISTRATION OF ESTABLISHMENTS.
"(a) REQUIREMENT.—No person shall produce any pesticide subject 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 address of the establishment and
of the producer who operates such establishment.
"(b) REGISTRATION.—Whenever the Administrator receives an application
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 regis-
tered of the types and amounts of pesticides—
"(A) which he is currently producing;
"(B) which he has produced during the past year; and
" (C) which he has sold or distributed during the past year.
The information required by this paragraph shall be kept current and
submitted to the Administrator annually as required under such regu-
lations as the Administrator may prescribe.
"(2) Any such producer shall, upon the request of the Administrator
for the purpose of issuing a stop sale order pursuant to section 13,
inform him of the name and address of any recipient of any pesticide
produced in any registered establishment which he operates.
"(d) CONFIDENTIAL RECORDS AND INFORMATION.—Any information sub-
mitted to the Administrator pursuant to subsection (c) shall be considered
confidential and shall be subject to the provisions of section 10.
"SEC. 8. BOOKS AND RECORDS.
Regulations. "(a) REQUIREMENTS.—The Administrator may prescribe regulations re-
quiring producers to maintain such records with respect to their operations
and the pesticides and devices produced as he determines are necessary for
the effective enforcement of this Act. No records required under this sub-
section shall extend to financial data, sales data other than shipment data,
pricing data, personnel data, and research data (other than data relating to
registered pesticides or to a pesticide for which an application for registra-
tion has been filed).
"(b) INSPECTION.—For the purposes of enforcing the provisions of this
Act, any producer, distributor, carrier, dealer, or any other person who
sells or offers for sale, delivers or offers for delivery any pesticide or device
subject to this Act, shall, upon request of any officer or employee of the
Environmental Protection Agency or of any State or political subdivision,
duly designated by the Administrator, furnish or permit such person at all
reasonable times to have access to, and to copy: (1) all records showing
the delivery, movement, or holding of such pesticide or device, including
the quantity, the date of shipment and receipt, and the name of the con-
signor and consignee; or (2) in the event of the inability of any person to
12
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produce records containing such information, all other records and informa-
tion relating to such delivery, movement, or holding of the pesticide or
device. Any inspection with respect to any records and information referred
to in this subsection shall not extend to financial data, sales data other than
shipment data, pricing data, personnel data, and research data (other than
data relating to registered pesticides or to a pesticide for which an applica-
tion for registration has been filed).
"SEC. 9. INSPECTION OF ESTABLISHMENTS, ETC.
"(a) IN GENERAL.—For purposes of enforcing the provisions of this Act,
officers or employees duly designated by the Administrator are authorized
to enter at reasonable times, any establishment or other place where pesti-
cides or devices are held for distribution or sale for the purpose of inspecting
and obtaining samples of any pesticides or devices, packaged, labeled, and
released for shipment, and samples of any containers or labeling for such
pesticides or devices.
Before undertaking such inspection, the officers or employees must present
to the owner, operator, or agent in charge of the establishment or other
place where pesticides or devices are held for distribution or sale, appropriate
credentials and a written statement as to the reason for the inspection,
including a statement as to whether a violation of the law is suspected. If no
violation is suspected, an alternate and sufficient reason shall be given in
writing. Each such inspection shall be commenced and completed with
reasonable promptness. If the officer or employee obtains any samples, prior
to leaving the premises, 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 jurisdiction that
there is reason to believe that the provisions of this Act have been violated,
officers or employees duly designated by the Administrator are empowered
to obtain and to execute warrants authorizing—
"(1) entry for the purpose of this section;
"(2) inspection and reproduction of all records showing the quantity,
date of shipment, and the name of consignor and consignee of any
pesticide or device found in the establishment which is adulterated,
misbranded, not registered (in the case of a pesticide) or otherwise in
violation of this Act and in the event of the inability of any person to
produce records containing such information, all other records and
information relating to such delivery, movement, or holding of the
pesticide or device; and
"(3) the seizure of any pesticide or device which is in violation of
this Act.
"(c) ENFORCEMENT.—
"(1) CERTIFICATION OF FACTS TO ATTORNEY GENERAL.—The examina-
tion of pesticides or devices shall be made in the Environmental Protec-
tion Agency or elsewhere as the Administrator may designate for the
purpose of determining from such examinations whether they comply
with the requirements of this Act If it shall appear from any such
examination that they fail to comply with the requirements of this Act,
the Administrator shall cause notice to be given to the person against
whom criminal or civil proceedings are contemplated. Any person so
notified shall be given an opportunity to present his views, either orally
or in writing, with regard to such contemplated proceedings, and if
in the opinion of the Administrator it appears that the provisions of
this Act have been violated 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
proceeding under section 14(a), when the Administrator determines
that such action will be sufficient to effectuate the purposes of this Act.
"(2) NOTICE NOT REQUIRED.—The notice of contemplated proceed-
ings and opportunity to present views set forth in this subsection are
not prerequisites to the institution of any proceeding by the Attorney
General.
"(3) WARNING NOTICES.—Nothing in this Act shall be construed as
requiring the Administrator to institute proceedings for prosecution of
minor violations of this Act whenever he believes that the public
interest will be adequately served by a suitable written notice of
warning.
13
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"SEC. 10. PROTECTION OF TRADE SECRETS AND OTHER INFOR-
MATION.
" (a) IN GENERAL.—In submitting data required by this Act, the applicant
may (1) clearly mark any portions thereof which in his opinion are trade
secrets or commercial or financial information and (2) submit such marked
material separately from other material required to be submitted under this
Act.
"(b) DISCLOSURE.—Notwithstanding any other provision of this Act, 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 confidential, 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 inspection
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 Administrator shall not thereafter make
available for inspection such data until thirty days after receipt of the notice
by the applicant or registrant. During this period, the applicant or registrant
may institute an action in an appropriate district court for a declaratory
judgment as to whether such information is subject to protection under
subsection (b).
"SEC. 11. STANDARDS APPLICABLE TO PESTICIDE APPLICATORS.
"(a) 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 documents.
"(b) SEPARATE STANDARDS.—When establishing or approving standards
for licensing or certification, the Administrator shall establish separate
standards for commercial and private applicators.
"SEC. 12. UNLAWFUL ACTS.
"(a) IN GENERAL.—
"(1) Except as provided by subsection (b), it shall be unlawful for
any person in any State to distribute, sell, offer for sale, hold for sale,
ship, deliver for shipment, or receive and (having so received) deliver
or offer to deliver, to any person—
"(A) any pesticide which is not registered under section 3,
except as provided by section 6 (a) (1);
"(B) any registered pesticide if any claims made for it as a
part of its distribution or sale substantially differ from any claims
made for it as a part of the statement required in connection with
its registration under section 3;
"(C) any registered pesticide the composition of which differs
at the time of its distribution or sale from its composition as
described in the statement required in connection with its registra-
tion under section 3;
"(D) any pesticide which has not been colored or discolored
pursuant to the provisions of section 25 (c) (5);
"(E) any pesticide which is adulterated or misbranded; or
"(F) any device which is misbranded.
"(2) It shall be unlawful for any person—
"(A) to detach, alter, deface, or destroy, in whole or in part,
any labeling required under this Act;
"(B) to refuse to keep any records required pursuant to section
8, or to refuse to allow the inspection of any records or establish-
ment pursuant to section 8 or 9, or to refuse to allow an officer
or employee of the Environmental Protection Agency to take a
sample of any pesticide pursuant to section 9;
"(C) to give a guaranty or undertaking provided for in sub-
section (b) which is false in any particular, except that a pe son
who receives and relies upon a guaranty authorized under sub-
section (b) may give a guaranty to the same effect, which guaranty
shall contain, in addition to his own name and address, the name
and address of the person residing in the United States from whom
he received the guaranty or undertaking;
"(D) to use for his own advantage or to reveal, other than to
the Administrator, or officials or employees of the Environmental
Protection Agency or other Federal executive agencies, or to the
courts, or to physicians, pharmacists, and other qualified persons,
needing such information for the performance of their duties, in
accordance with such directions as the Administrator may pre-
14
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scribe, any information acquired by authority of this Act which
is confidential under this Act;
"(E) who is a registrant, wholesaler, dealer, retailer, or other
distributor to advertise a produce registered under this Act for
restricted use without giving the classification of the product
assigned to it under section 3;
"(F) to make available for use, or to use, any registered pesti-
cide classified for restricted use for some or all purposes other than
in accordance with section 3(d) and any regulations thereunder;
"(G) to use any registered pesticide in a manner inconsistent
with its labeling;
"(H) to use any pesticide which is under an experimental use
permit contrary to the provisions of such permit;
"(I) to violate any order issued under section 13;
"(J) to violate any suspension order issued under section 6;
"(K) to violate any cancellation of registration of a pesticide
under section 6, except as provided by section 6(a)(l);
"(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 informa-
tion submitted to the Administrator pursuant to section 7, any
records required to be maintained pursuant to section 8, any report
filed under this Act, or any information marked as confidential and
submitted to the Administrator 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 volun-
teer to participate in the test.
"(b) EXEMPTIONS.—The penalties provided for a violation of paragraph
(1) of subsection (a) shall not apply to—
"(1) any person who establishes a guaranty signed by, and containing
the name and address of, the registrant or person residing in the United
States from whom he purchased or received in good faith the pesticide
in the same unbroken package, to the effect that the pesticide was
lawfully registered at the time of sale and delivery to him, and that it
complies with the other requirements of this Act, and in such case the
guarantor shall be subject to the penalties which would otherwise attach
to the person holding the guaranty under the provisions of this Act;
"(2) any carrier while lawfully shipping, transporting, or delivering
for shipment any pesticide or device, if such carrier upon request of
any officer or employee duly designated by the Administrator shall per-
mit such officer or employee to copy all of its records concerning such
pesticide or device;
"(3) any public official while engaged in the performance of his
official duties;
"(4) any person using or possessing any pesticide as provided by an
experimental use permit in effect with respect to such pesticide and
such use or possession; or
"(5) any person who ships a substance or mixture of substances
being put through tests in which the purpose is only to determine its
value for pesticide purposes or to determine its toxicity or other
properties and from which the user does not expect to receive any
benefit in pest control from its use.
"SEC. 13. STOP SALE, USE, REMOVAL, AND SEIZURE.
"(a) STOP SALE, ETC., ORDERS.—Whenever any pesticide or device is
found by the Administrator in any State and there is reason to believe on
the basis of inspection or tests that such pesticide or device is in violation
of any of the provisions of this Act, or that such pesticide or device has
been or is intended to be distributed or sold in violation of any such provi-
sions, or when the registration of the pesticide has been canceled by a final
order or has been suspended, the Administrator may issue a written or
printed 'stop sale, use, or removal' order to any person who owns, controls,
or has custtidy 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,
15
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or that is sold or offered for sale in any State, or that is imported from a
foreign country, shall be liable to be proceeded against in any district court
in the district where it is found and seized for confiscation by a process in
rem for condemnation if—
" (1) in the case of a pesticide—
"(A) it is adulterated or misbranded;
"(B) it is not registered pursuant to the provisions of section 3;
"(C) its labeling fails to bear the information required by this
Act;
"(D) it is not colored or discolored and such coloring or dis-
coloring is required under this Act; or
"(E) any of the claims made for it or any of the directions for
its use differ in substance from the representations made in connec-
tion with its registration;
"(2) in the case of a device, it is misbranded; or
"(3) in the case of a pesticide or device, when used in accordance
with the requirements imposed under this Act and as directed by the
labeling, it nevertheless causes unreasonable adverse effects on the
environment. In the case of a plant regulator, defoliant, or desiccant,
used in accordance with the label claims and recommendations, physical
or physiological effects on plants or parts thereof shall not be deemed
to be injury, when such effects are the purpose for which the plant
regulator, defoliant, or desiccant was applied.
"(c) DISPOSITION AFTER CONDEMNATION.—If the pesticide or device is
condemned it shall, after entry of the decree, be disposed of by destruction
or sale as the court may direct and the proceeds, if sold, less the court costs,
shall be paid into the Treasury of the United States, but the pesticide or
device shall not be sold contrary to the provisions of this Act or the laws of
the jurisdiction in which it is sold: Provided, That upon payment of the
costs of the condemnation proceedings and the execution and delivery of
a good and sufficient bond conditioned that the pesticide or device shall not
be sold or otherwise disposed of contrary to the provisions of the Act or the
laws of any jurisdiction in which sold, the court may direct that such pesti-
cide or device be delivered to the owner thereof. The proceedings of such
condemnation cases shall conform, as near as may be to the proceedings in
admiralty, except that either party may demand trial by jury of any issue
of fact joined in any case, and all such proceedings shall be at the suit of
and in the name of the United States.
"(d) COURT COSTS, ETC.—When a decree of condemnation is entered
against the pesticide or device, court costs and fees, storage, and other
proper expenses shall be awarded against the person, if any, intervening as
claimant of the pesticide or device.
"SEC. 14. 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 Administrator of not
more than $5,000 for each offense.
"(2) PRIVATE APPLICATOR.—Any private applicator or other person
not included in paragraph (1) who violates any provision of this Act
subsequent to receiving a written warning from the Administrator or
following a citation for a prior violation, may be assessed a civil penalty
by the Administrator of not more than $1,000 for each offense.
"(3) HEARING.—No civil penalty shall be assessed unless the person
charged shall have been given notice and opportunity for a hearing on
such charge in the county, parish, or incorporated city of the residence
of the person charged. In determining the amount of the penalty the
Administrator shall consider the appropriateness of such penalty to the
si/e of the business of the person charged, the effect on the person's
ability to continue in business, and the gravity of the violation.
"(4) REFERENCES TO ATTORNEY GENERAL.—In case of inability to
collect such civil penalty or failure of any person to pay all, or such
portion of such civil penalty as the Administrator may determine, the
Administrator shall refer the matter to the Attorney General, who shall
recover such amount by action in the appropriate United States district
court.
"(b) CRIMINAL PENALTIES.—
"(1) IN GENERAL.—Any registrant, commercial applicator, whole-
saler, dealer, retailer, or other distributor who knowingly violates any
provision of this Act shall be guilty of a misdemeanor and shall on
conviction be fined not more than $25,000, or imprisoned for not more
than one year, or both
"(2) PRIVATE APPLICATOR.—Any private applicator or other person
16
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not included in paragraph (1) who knowingly violates any provision
of this Act shall be guilty of a misdemeanor and shall on conviction be
fined not more than $1,000, or imprisoned for not more than 30 days,
or both.
"(3) DISCLOSURE OF INFORMATION.—Any person,, who, with intent to
defraud, uses or reveals information relative to formulas of products
acquired under the authority of section 3, shall be fined not more than
$10,000, or imprisoned for not more than three years, or both.
"(4) ACTS OF OFFICERS, AGENTS, ETC.—When construing and enforc-
ing the provisions of this Act, the act, omission, or failure of any
officer, agent, or other person acting for or employed by any person
shall in every case be also deemed to be the act, omission, or failure of
such person as well as that of the person employed.
"SEC. 15. INDEMNITIES.
"(a) REQUIREMENT.—If—
"(1) the Administrator notifies a registrant that he has suspended
the registration of a pesticide because such action is necessary to pre-
vent an imminent hazard;
"(2) the registration of the pesticide is canceled as a result of a final
determination that the use of such pesticide will create an imminent
hazard; and
"(3) any person who owned any quantity of such pesticide immedi-
ately before the notice to the registrant under paragraph (1) suffered
losses by reason of suspension or cancellation of the registration,
the Administrator shall make an indemnity payment to such person, unless
the Administrator finds that such person (i) had knowledge of facts which,
in themselves, would have shown that such pesticide did not meet the
requirements of section 3 (c) (5) for registration, and (ii) continued there-
after to produce such pesticide without giving timely notice of such facts to
the Administrator.
"(b) AMOUNT OF PAYMENT.—
"(1) IN GENERAL.—The amount of the indemnity payment under
subsection (a) to any person shall be determined on the basis of the
cost of the pesticide owned by such person immediately before the
notice to the registrant referred to in subsection (a)(l); except that
in no event shall an indemnity payment to any person exceed the fair
market value of the pesticide owned by such person immediately before
the notice referred to in subsection (a)(l).
"(2) SPECIAL RULE.—Notwithstanding any other provision of this
Act, the Administrator may provide a reasonable time for use or other
disposal of such pesticide. In determining the quantity of any pesticide
for which indemnity shall be paid under this subsection, proper adjust-
ment shall be made for any pesticide used or otherwise disposed of by
such owner.
"SEC. 16. ADMINISTRATIVE PROCEDURE; JUDICIAL REVIEW.
"(a) DISTRICT COURT REVIEW.—Except as is otherwise provided in this
Act, Agency refusals to cancel or suspend registrations or change classifica-
tions not following a hearing and other final Agency actions not committed
to Agency discretion by law are judicially reviewable in the district courts.
"(b) REVIEW BY COURT OF APPEALS.—In the case of actual controversy
as to the validity of any order issued by the Administrator following a public
hearing, any person who will be adversely affected by such order and who
had been a party to the proceedings may obtain judicial review by filing in
the United States court of appeals for the circuit wherein such person
resides or has a place of business, within 60 days after the entry of such
order, a petition praying that the order be set aside in whole or in part. A
copy of the petition shall be forthwith transmitted by the clerk of the court
to the Administrator or any officer designated by him for that purpose, and
thereupon the Administrator shall file in the court the record of the pro-
ceedings 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 72 Stat. 9«;
exclusive jurisdiction to affirm or set aside the order complained of in whole 80 stBt-1S2S-
or in part. The court shall consider all evidence of record. The order of
the Administrator shall be sustained if it is supported by substantial evidence
when considered on the record as a whole. The judgment of the court affirm-
ing or setting aside, in whole or in part, any order under this section shall
be final, subject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title 28 of the «2 stat. 928.
United States Code. The commencement of proceedings under this section
shall not, unless specifically ordered by the court to the contrary, operate
as a stay of an order. The court shall advance on the docket and expedite
the disposition of all cases filed therein pursuant to this section.
17
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P.L. 94-140
89 Stat. 754
Regulations.
80 Stat. 944.
74 Stat. 808;
79 Stat. 286.
72 Stat. 775;
85 Stat. 481.
Contract
authority.
"(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 publication in
such manner as he may prescribe, give notice of all judgments entered in
actions instituted under the authority of this Act.
"SEC. 17. IMPORTS AND EXPORTS.
"(a) PESTICIDES AND DEVICES INTENDED FOR EXPORT.—Notwithstanding
any other provision of this Act, no pesticide or device shall be deemed in
violation of this Act when intended solely for export to any foreign country
and prepared or packed according to the specifications or directions of the
foreign purchaser, except that producers of such pesticides and devices shall
be subject to section 8 of this Act
(b) CANCELLATION NOTICES FURNISHED TO FOREIGN GOVERNMENTS.—
Whenever a registration, or a cancellation or suspension of the registration
of a pesticide becomes effective, or ceases to be effective, the Administrator
shall transmit through the State Department notification thereof to the
governments of other countries and to appropriate international agencies.
"(c) IMPORTATION OF PESTICIDES AND DEVICES.—The Secretary of the
Treasury shall notify the Administrator of the arrival of pesticides and
devices and shall deliver to the Administrator, upon his request, samples of
pesticides or devices which are being imported into the United States, giving
notice to the owner or consignee, who may appear before the Administrator
and have the right to introduce testimony. If it appears from the examina-
tion of a sample that it is adulterated, or misbranded or otherwise violates
the provisions 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 consignee and shall
cause the destruction of any pesticide or device refused delivery which shall
not be exported by the consignee within 90 days from the date of notice
of such refusal under such regulations as the Secretary of the Treasury may
prescribe: Provided, That the Secretary of the Treasury may deliver to the
consignee such pesticide or device pending examination and decision in the
matter on execution of bond for the amount of the full invoice value of
such pesticide or device, together with the duty thereon, and on refusal to
return such pesticide or device for any cause to the custody of the Secretary
of the Treasury, when demanded, for the purpose of excluding them from
the country, or for any other purpose, said consignee shall forfeit the full
amount of said bond: And provided further, That all charges for storage,
cartage, and labor on pesticides or devices which are refused admission or
delivery shall be paid by the owner or consignee, and in default of such
payment shall constitute a lien against any future importation made by such
owner or consignee.
"(d) COOPERATION IN INTERNATIONAL EFFORTS.—The Administrator shall,
in cooperation with the Department of State and any other appropriate
Federal agency, participate and cooperate in any international efforts to
develop improved pesticide research and regulations.
"(e) REGULATIONS.—The Secretary of the Treasury, in consultation with
the Administrator, shall prescribe regulations for the enforcement of sub-
section (c) of this section.
"SEC. 18. EXEMPTION OF FEDERAL AGENCIES.
"The Administrator may, at his discretion, exempt any Federal or State
agency from any provision of this Act if he determines that emergency
conditions exist which require such exemption.
"The Administrator, in determining whether or not such emergency
conditions exist, shall consult with the Secretary of Agriculture and the
Governor of any State concerned if they request such determination."
"SEC. 19. DISPOSAL AND TRANSPORTATION.
"(a) PROCEDURES.—The Administrator shall, after consultation with
other interested Federal agencies, establish procedures and regulations for
the disposal or storage of packages and containers of pesticides and for
disposal or storage of excess amounts of such pesticides, and accept at con-
venient locations for safe disposal a pesticide the registration of which is
canceled under section 6(c) if requested by the owner of the pesticide.
"(b) ADVICE TO SECRETARY OF TRANSPORTATION.—The Administrator shall
provide advice and assistance to the Secretary of Transportation with respect
to his functions relating to the transportation of hazardous materials under
the Department of Transportation Act (49 U.S.C. 1657), the Transportation
of Explosives Act (18 U.S.C. 831-835), the Federal Aviation Act of 1958
(49 U.S.C. 1421-1430, 1472 II), and the Hazardous Cargo Act (46 U.S.C.
170,375,416).
18
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"SEC. 20. RESEARCH AND MONITORING.
"(a) RESEARCH.—The Administrator shall undertake research, including
research by grant or contract with other Federal agencies, universities, or
others as may be necessary to carry out the purposes of this Act, and he
shall give priority to research to develop biologically integrated alternatives
for pest control. The Administrator shall also take care to insure that such
research does not duplicate research being undertaken by any other Federal
agency.
"(b) NATIONAL MONITORING PLAN.—The Administrator shall formulate
and periodically revise, in cooperation with other Federal, State, or local
agencies, a national plan for monitoring pesticides.
"(c) MONITORING.—The Administrator shall undertake such monitoring
activities, including but not limited to monitoring in air, soil, water, man,
plants, and animals, as may be necessary for the implementation of this Act
and of the national pesticide monitoring plan. Such activities shall be carried
out in cooperation with other Federal, State, and local agencies.
"SEC. 21. SOLICITATION OF COMMENTS; NOTICE OF PUBLIC
HEARINGS.
"(a) The Administrator, before publishing regulations under this Act,
shall solicit the views of the Secretary of Agriculture in accordance with P.L. 94-uo
the procedure described in section 25 (a). 8* St«t. 753.
"(b) In addition to any other authority relating to public hearings and
solicitation of views, in connection with the suspension or cancellation of a
pesticide registration or any other actions authorized under this Act, the
Administrator may, at his discretion, solicit the views of all interested per-
sons, either orally or in writing, and seek such advice from scientists,
farmers, farm organizations, and other qualified persons as he deems proper.
"(c) In connection with all public hearings under this Act the Adminis- Publication
trator shall publish timely notice of such hearings in the Federal Register,
"SEC. 22. 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 Adminis-
trator may designate for the purpose.
"(b) COOPERATION.—The Administrator shall cooperate with the Depart-
ment of Agriculture, any other Federal agency, and any appropriate agency
of any State or any political subdivision thereof, in carrying out the provi-
sions of this Act, and in securing uniformity of regulations,
"SEC. 23. STATE COOPERATION, AID, AND TRAINING.
"(a) COOPERATIVE AGREEMENTS.—The Administrator is authorized to
enter into cooperative agreements with States—
"(1) to delegate to any State the authority to cooperate in the
enforcement of the Act through the use of its personnel or facilities,
to train personnel of the State to cooperate in the enforcement of this
Act, and to assist States in implementing cooperative enforcement
programs through grants-in-aid; and
"(2) to assist State agencies in developing and administering State
programs for training and certification of applicators consistent with
the standards which he prescribes.
"(b) CONTRACTS FOR TRAINING.—In addition, the Administrator is author-
ized to enter into contracts with Federal or State agencies for the purpose
of encouraging the training of certified applicators.
"(c) The Administrator may, in cooperation with the Secretary of Agri-
culture, utilize the services of the Cooperative State Extension Services for
informing farmers of accepted uses and other regulations made pursuant
to this Act.
"SEC. 24. AUTHORITY OF STATES.
"(a) A State may regulate the sale or use of any pesticide or device in
the State, but only if and to the extent the regulation does not permit any
sale or use prohibited by this Act;
"(b) such State shall not impose or continue in effect any requirements
for labeling and packaging in addition to or different from those required
pursuant to this Act; and
"(c) a State may provide registration for pesticides formulated for distri-
bution and use within that State to meet special local needs if that State is
certified by the Administrator as capable of exercising adequate controls to
assure that such registration will be in accord with the purposes of this Act
and if registration for such use has not previously been denied, disapproved,
or canceled by the Administrator. Such registration shall be deemed regis-
tration under section 3 for all purposes of this Act, but shall authorize
19
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P.L. 94-140
89 Stat. 751.
P.L. 94-140
89 Stat. 752
Publications in
Federal Register.
Publications in
Federal Register.
P.L. 94-140
89 Stat. 753
84 Stat. 1670.
15 USC 1471
note.
distribution and use only within such State and shall not be effective for
more than 90 days if disapproved by the Administrator within that period.
"SEC. 25. AUTHORITY OF ADMINISTRATOR.
"(a) (1) REGULATIONS.—The Administrator is authorized in accordance
with the procedure described in paragraph (2), to prescribe regulations to
carry out the provisions of this Act. Such regulations shall take into
account the difference in concept and usage between various classes of
pesticides.
(2) PROCEDURE.
"(A) PROPOSED REGULATIONS.—At least 60 days prior to signing
any proposed regulation for publication in the Federal Register,
the Administrator shall provide the Secretary of Agriculture with
a copy of such regulation. If the Secretary comments in writing
to the Administrator regarding any such regulation within 30 days
after receiving it, the Administrator shall publish in the Federal
Register (with the proposed regulation) the comments of the
Secretary and the response of the Administrator with regard to
the Secretary's comments. If the Secretary does not comment in
writing to the Administrator regarding the regulation within 30
days after receiving it, the Administrator may sign such regulation
for publication in the Federal Register any time after such 30-day
period notwithstanding the foregoing 60-day time requirement.
"(B) FINAL REGULATIONS.—At least 30 days prior to signing any
regulation in final form for publication in the Federal Register, the
Administrator shall provide the Secretary of Agriculture with a
copy of such regulation. If the Secretary comments in writing to
the Administrator regarding any such final regulation within 15
days after receiving it, the Administrator shall publish in the
Federal Register (with the final regulation) the comments of the
Secretary, if requested by the Secretary, and the response of the
Administrator concerning the Secretary's comments. If the Secre-
tary does not comment in writing to the Administrator regarding
the regulation within 15 days after receiving it, the Administrator
may sign such regulation for publication in the Federal Register
at any time after such 15-day period notwithstanding the foregoing
30-day time requirement.
"(C) TIME REQUIREMENTS.—The time requirements imposed by
subparagraphs (A) and (B) may be waived or modified to the
extent agreed upon by the Administrator and the Secretary.
"(D) PUBLICATION IN THE FEDERAL REGISTER.—The Administrator
shall, simultaneously with any notification to the Secretary of
Agriculture under this paragraph prior to the issuance of any
proposed or final regulation, publish such notification in the
Federal Register.".
"(3) CONGRESSIONAL COMMITTEES.—At such time as the Administra-
tor is required under paragraph (2) of this subsection to provide the
Secretary of Agriculture with a copy of proposed regulations and a
copy of the final form of regulations, he shall also furnish a copy of
such regulations to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture and Forestry of the
Senate."
"(b) EXEMPTION OF PESTICIDES.—The Administrator may exempt from
the requirements of this Act by regulation any pesticide which he determines
either (1) to be adequately regulated by another Federal agency, or (2) to
be of a character which is unnecessary to be subject to this Act in order to
carry out the purposes of this Act.
"(c) OTHER AUTHORITY.—The Administrator, after notice and oppor-
tunity for hearing, is authorized—
"(1) to declare a pest any form of plant or animal life (other than
man and other than bacteria, virus, and other micro-organisms on or
in living man or other living animals) which is injurious to health or
the environment:
"(2) to determine any pesticide which contains any substance or
substances in quantities highly toxic to man;
"(3) to establish standards (which shall be consistent with those
established under the authority of the Poison Prevention Packaging
Act (Public Law 91-601)) with respect to the package, container, or
wrapping in which a pesticide or device is enclosed for use or consump-
tion, in order to protect children and adults from serious injury or illness
resulting from accidental ingestion or contact with pesticides or devices
regulated by this 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
20
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provision of paragraph 2(q) Cl) or section 7 of this Act upon his deter-
mination that application of such provision is necessary to effectuate
the purposes of this Act;
"(5) to prescribe regulations requiring any pesticide to be colored
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 sections. The time requirements for notices of
intent and proposed and final forms of regulation may not be modified or
waived unless in addition to meeting the requirements of section 6(b) or
25(a), as applicable, the advisory panel has failed to comment on the
proposed action within the prescribed time period or has agreed to the
modification or waiver. The comments of the advisory panel and the
response of the Administrator shall be published in the Federal Register in
the same manner as provided for publication of the comments of the Secre-
tary of Agriculture under such sections The panel referred to in this sub-
section shall consist of seven members appointed by the Administrator from
a list of 12 nominees, six nominated by the National Institutes of Health,
and six by the National Science Foundation. The Administrator may require
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 Adminis-
trator, except that any such member who holds another office or position
under the Federal Government the compensation for which exceeds such
rate may elect to receive compensation at the rate provided for such other
office or position in lieu of the compensation provided by this subsection.
In order to assure the objectivity of the advisory panel, the Administrator
shall promulgate regulations regarding conflicts of interest with respect to
the members of the panel.".
"SEC. 26. SEVERABILITY.
"If any provision of this Act or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect other provisions
or applications of this Act which can be given effect without regard to the
invalid provision or application, and to this end the provisions of this Act
are severable.
"SEC. 27. AUTHORIZATION FOR APPROPRIATIONS.
"There is authorized to be appropriated such sums as may be necessary
to carry out the provisions of this Act for each of the fiscal years ending
June 30, 1973, June 30, 1974, and June 30, 1975. The amounts authorized
to be appropriated for any fiscal year ending after June 30, 1975, shall be
the sums hereafter provided by law."
"There are hereby authorized to be appropriated to carry out the provi-
sions of this Act for the period beginning October 1, 1975, and ending
September 30, 1976, the sum of $47,868,000, and for the period beginning
October 1, 1976, and ending March 31, 1977, the sum of $23,600,000."
P.L. 94-140
89 Stat. 753
7 USC 136d.
7 USC 136w.
Publication in
Federal Register.
Members.
Publication in
Federal Register.
Compensation.
5 USC 5332
note.
P.I.. 94-140
89 Stat. 754
Regulations.
P.L. 94-140
89 Stat. 752
AMENDMENTS TO OTHER ACTS
SEC. 3. The following Acts are amended by striking out the terms "eco-
nomic poisons" and "an economic poison" wherever they appear and insert-
ing in lieu thereof "pesticides" and "a pesticide" respectively:
(1) The Federal Hazardous Substances Act, as amended (15 U.S.C.
1261 et seq.);
(2) The Poison Prevention Packaging Act, as amended (15 U.S.C.
1471 et seq.); and
(3) The Federal Food, Drug, and Cosmetic Act, as amended (21
U.S.C. 301 etseq.).
74 Stat. 1305.
84 Stat. 1S70.
52 Stat. 1040.
EFFECTIVE DATES OF PROVISIONS OF ACT
SEC. 4. (a) Except as otherwise provided in the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended by this Act, and as otherwise
provided by this section, the amendments
Region V, Library
230 South Dearborn Street
Chicaea Illinois 60604
-------
Saving!
provision.
81 Stat. 163.
7 USC 13S
note.
P.L. 94-140
89 Slat. 752
P.L. 94-140
89 Silt. 752
61 Stat. 183.
7 USC 135
note.
P.L. 94-140
89 Sill. 752
P.L. 94-140
89 Slit. 753
P.L. 94-140
89 SHI. 753
at the close of the date of the enactment of this Act, provided if regulations
are necessary for the implementation of any provision that becomes effec-
tive on the date of enactment, such regulations shall be promulgated and
shall become effective within 90 days from the date of enactment of this
Act.
(b) The provisions of the Federal Insecticide, Fungicide, and Rodenticide
Act and the regulations thereunder as such existed prior to the enactment
of this Act shall remain in effect until superseded by the amendments made
by this Act and regulations thereunder: Provided, That all provisions made
by these amendments and all regulations thereunder shall be effective
within five years after the enactment of this Act.
(c) (1) Two years after the enactment of this Act the Administrator shall
have promulgated regulations providing for the registration and classifica-
tion of pesticides under the provisions of this Act and thereafter shall
register all new applications under such provisions.
(2) After two years but within five years after the enactment of this Act
the Administrator shall register and reclassify pesticides registered under
the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act
prior to the effective date of the regulations promulgated under subsection
(3) Any requirements that a pesticide be registered for use only by a
certified applicator shall not be effective until five years from the date of
enactment of this Act.
(4) A period of five years from date of enactment shall be provided for
certification of applicators.
(A) One year after the enactment of this Act the Administrator
shall have prescribed the standards for the certification of applicators.
(B) Within four years after the enactment of this Act each State
desiring to certify applicators shall submit a State plan to the Adminis-
trator for the purpose provided by section 4(b).
(C) As promptly as possible but in no event more than one year
after submission of a State plan, the Administrator shall approve the
State plan or disapprove it and indicate the reasons for disapproval.
Consideration of plans resubmitted by States shall be expedited.
(5) One year after the enactment of this Act the Administrator shall
have promulgated and shall make effective regulations relating to the regis-
tration of establishments, permits for experimental use, and the keeping of
books and records under the provisions of this Act.
(d) No person shall be subject to any criminal or civil penalty imposed
by the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by
this Act, for any act (or failure to act) occurring before the expiration of
60 days after the Administrator has published effective regulations in the
Federal Register and taken such other action as may be necessary to permit
compliance with the provisions under which the penalty is to be imposed.
(e) For purposes of determining any criminal or civil penalty or liability
to any third person in respect of any act or omission occurring before the
expiration of the periods referred to in this section, the Federal Insecticide,
Fungicide, and Rodenticide Act shall be treated as continuing in effect as
if this Act had not been enacted.
Public Law 92-516
92nd Congress, H. R. 10729
October 21, 1972
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 92-511 (Comm. on Agriculture) and No. 92-1540 (Comm. of
Conference) .
SENATE REPORTS: No. 92-838 (Comm. on Agriculture and Forestry) and No. 92-
970 (Comm, on Commerce).
CONGRESSIONAL RECORD:
Vol. 117 (1971): Nov. 8, 9, considered and passed House.
Vol. 118 (1972): Sept. 26, considered and passed Senate, amended.
Oct. 5, Senate agreed to conference report.
Oct. 12, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 8, No. 44 (1972): Oct. 21, Presidential statement.
Public Law 94-140
94th Congress, H. R. 8841
November 28, 1975
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94-497 (Comm. on Agriculture) and No. 94-668 (Comm. of
Conference) .
SENATE REPORT No. 94-452 (Comm. on Agriculture and Forestry).
CONGRESSIONAL RECORD. Vol. 121 (1975V
Sept. 26, Oct. 3, 9, considered and passed House.
Nov. 12, considered and passed Senate, amended.
Nov. 18, House agreed to conference report.
Nov. 19, Senate agreed to conference report.
89 STAT. 755
22 MJ.S. GOVERNMENT PRINTING OFFICE: 1976 Z10-810/176 1-3
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