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
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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

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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

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    89 Stat. 751
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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

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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

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           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

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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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