THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                       Lew
                Statutes and Legislative History
                            Executive Orders
                                 Regulations
                       Guidelines and Reports
                                Supplement II
                                    Volume I
                                    Pesticides

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For sale by the Superintendent of Documents, U.S. Government Printing Office
                  Washington, B.C. 20402 - Price 80 cents
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                        FOREWORD
  America's journey to environmental  awareness has been a re-
latively recent one. Not so many years ago Americans were still
living under the illusion that a land as vast as ours was blessed
with indestructible natural resources and beauty.
  We continued the exploitation of those resources and scattered
unplanned communities across huge areas of open  space. Large
amounts of fuel were needed for the autos that took us to work
from distant suburbs, and the air, became laden with their dense
emissions. Pesticides were used indiscriminantly by persons un-
aware of their effects on the food chain of plants and animals. Our
rivers became contaminated with waste from homes and industries.
Our landscape was marred by litter.
  As the environmentalist movement  gained impetus, attention
was focused  on these  matters. Rachael Carson's  book, Silent
Spring, in 1962 awakened Americans to the hazards  of pesticides.
The oil spills of the Torrey Canyon in 1967 and at Santa Barbara,
California in 1969 dramatized another environmental hazard. The
first Earth Day on  April 20,  1970, a coordinated program  of
teach-ins across the nation, helped to focus Congressional attention
on the strength of the environmental movement.
  Congress responded by approving the President's Reorganization
Plan No. 3 which expanded the federal commitment to environ-
mental concerns and  consolidated 15 Federal organizations under
the Environmental Protection Agency.
  At the same time, Congress began enacting far-reaching legisla-
tion to provide EPA  with specific authority for controlling pollu-
tion. These measures  included the Clean Air Amendments in 1970,
and the Federal Water Pollution Control Act Amendments, Federal
Environmental Pesticide Control Act, the Noise Control Act, and
the Marine Protection, Research and Sanctuaries Act, all in 1972.
Congress also passed the Resource Recovery Act in  1970  and ex-
tended the Solid Waste Disposal Act in 1973.
  As the Agency began taking action under these laws, Americans
gradually realized that very real changes were required  in our
accustomed ways of  doing business. We realized that our  effort
frequently conflicted with powerful and legitimate  interests  in
                                                           * * •
                                                           m

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both the public and private sectors. Our Administrative, judicial
and political processes now have the task of resolving these con-
flicts. They must do so by weighing  all the interests which are
affected in a sensitive and informed manner. Quick access to the
legal dimensions of these problems is essential if conflicts are  to
be efficiently and fairly resolved.
  The work of the present day environmentalist is less glamorous
than that of four  or five  years ago, but it is essential  if we are
to face the continuing challenge  of  protecting our  fragile and
perishable natural resources—and ultimately ourselves—from
destruction. I  hope you will find this manual helpful as we strive
to create a society where we can live and work in harmony  with
the natural world surrounding us.

                         Russell E. Train
                         Administrator
                         U.S. Environmental Protection Agency
 3V

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                         PREFACE
  Reorganization Plan No. 3 of 1970 transferred 15 governmental
units with their functions and legal authority to create the  U.S.
Environmental Protection  Agency. Since only the  major laws
were cited in the Plan, it  was decided that  a  compilation  of
EPA legal authority be researched  and published.
  The publication has the primary function of providing a work-
ing document for the Agency itself.- Secondarily, it will serve as
a research tool for the public.
  It is the hope of EPA that this  set will assist in the awesome
task of developing a better  environment.

                        LANE R. WARD, J.D.
                        Office of  Executive Secretariat
                        Office of Administrator
                        U.S.  Environmental Protection Agency
                                                           v

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                       INSTRUCTIONS
  The goal of this text is to create a useful  compilation of the
legal  authority under which the U.S. Environmental  Protection
Agency operates. These documents are for the  general use of per-
sonnel of the EPA in assisting them in attaining the purposes set
out by the President in  creating the Agency. This work is not
intended and should not be used for  legal citations or any use
other than as reference of a general nature. The author disclaims
all responsibility for liabilities growing out of the use of these
materials  contrary to their intended purpose. Moreover, it should
be noted that portions of the Congressional Record from the 93rd
Congress were extracted from the  "unofficial" daily version and
are subject to subsequent modification.
  EPA Legal Compilation  consists of the Statutes with their
legislative history, Executive Orders, Regulations, Guidelines and
Reports. To facilitate the usefulness of this composite, the Legal
Compilation is divided into the seven following chapters:

    A.  General                        E. Pesticides
    B.  Air                            F. Radiation
    C. Water                         G. Noise
    D.  Solid Waste

                      SUPPLEMENT II
  This edition,  labelled  "Supplement  II," contains  the  additions
to and alterations of EPA legal authority not included in the
original set or  Supplement  I of  the EPA Legal  Compilation.
Therefore, this edition updates the  Compilation through the 93rd
Congress,  First Session.

                       SUBCHAPTERS

Statutes and Legislative History

  For convenience, the Statutes are listed throughout the Compi-
lation by a one-point system, i.e., 1.1, 1.2, 1.3, etc., and Legisla-
tive History begins wherever a  letter follows the one-point sys-
tem. Thus, any  l.la,  Lib, 1.2a,  etc.,  denotes the public  laws
                                                            • *
                                                          vn

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viii                     INSTRUCTIONS

comprising the 1.1, 1.2 statute. Each  public law is followed by
its legislative history. The legislative history in each case consists
of the House Report, Senate Report, Conference Report  (where
applicable), the Congressional  Record beginning with the time
the bill was reported from committee.

  Example:
    1.4  Amortization of Pollution Control Facilities, as amended,
         26 U.S.C. §169 (1969).
         1.4a  Amortization of Pollution Control Facilities, De-
              cember 30, 1969, P.L. 91-172, § 704, 83 Stat. 667.
              (1) House Committee on Ways and Means, H.R.
                  REP. No. 91-413  (Part I), 91st Cong., 1st
                  Sess.  (1969).
              (2) House Committee on Ways and Means, H.R.
                  REP. No. 91-413 (Part II), 91st Cong., 1st
                  Sess.  (1969).
              (3) Senate  Committee  on Finance,  S.  REP. No.
                  91-552, 91st Cong., 1st  Sess. (1969).
              (4) Committee  of  Conference, H.R.  REP.  No.
                  91-782, 91st Cong., 1st Sess.  (1969).
              (5) Congressional Record, Vol.  115 (1969) :
                  (a)  Aug. 7: Debated and  passed House, pp.
                       22746,  22774-22775;
                  (b)  Nov. 24, Dec. 5, 8, 9: Debated and passed
                       Senate, pp. 35486, 37321-37322,  37631-
                      37633, 37884-37888;
                  (c) Dec. 22: Senate agrees to conference re-
                      port, p. 40718;*
                  (d)  Dec. 22: House debates and agrees to con-
                      ference report, pp.  40820, 40900.

This  example not only  demonstrates  the  pattern  followed for
legislative history, but  indicates the procedure where only one
section of a Public Law appears. You will note that the Congres-
sional Record cited pages are only those pages dealing with the
discussion  and/or action taken pertinent to the section  of law
applicable to EPA. In  the event  there is no discussion of the
pertinent section, only action  or passage,  then the asterisk (*)
is used to so indicate, and no text is reprinted in the Compilation.
In regard to the situation where only one section of a public law
is applicable, then only the parts of the report dealing with that
section are printed in the Compilation.

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                        INSTRUCTIONS                      ix
  Secondary Statutes
  Many  statutes make  reference to other laws and rather than
have this manual serve only for major statutes, these secondary
statutes  have been  included  where practical.  These secondary
statutes  are  indicated in the table of  contents to each chapter
by  a bracketed  cite to  the particular section  of the major Act
which made the reference.

  Citations

  The United  States Code, being the official  citation, is used
throughout the Statute  section of  the Compilation. In four Stat-
utes, a parallel table to the Statutes at Large is provided for your
convenience.

                   EXECUTIVE  ORDERS

  The  Executive Orders are listed by  a  two-point system (2.1,
2.2, etc.).

                       REGULATIONS

  The  Regulations  are  noted by a three-point  system  (3.1, 3.2,
etc.). Included in the Regulations are those not only promulgated
by the Environmental Protection Agency, but those under  which
the Agency has  direct contact.

               GUIDELINES  AND  REPORTS
  This subchapter is noted by a four-point system  (4.1,  4.2, etc.).
In this  subchapter is found the statutorily  required reports of
EPA, published guidelines of EPA, selected reports other than
EPA's and inter-departmental agreements of note.

                         UPDATING

  Periodically, a supplement will be sent  to the interagency dis-
tribution  and made  available  through  the U.S.  Government
Printing Office in order to provide a current and accurate  work-
ing set of EPA  Legal Compilation.

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                              CONTENTS
                                Volume I
PESTICIDES
                                                                      Page
 1.  Statutes and Legislative History
    1.1  The Federal Insecticide, Fungicide, and Rodenticide Acts, as
         amended, 7 U.S.C. §§ 135^135k,  136-136y (1972) 	   -        3

 2.  Executive Orders                                                   39

 3.  Regulations
    3.1  Regulations for the Enforcement of the Federal  Insecticide,
         Fungicide,  and Rodenticide  Act, Environmental Protection
         Agency, 40 C.F.R. §§ 162.1-162.125 (1971)    _                 45
    3.2  Certification of Usefulness of Pesticide Chemicals, Environ-
         mental Protection Agency, 40 C.F.R. §§ 163.1-163.12  (1971)       47
    3.3  Rules of Practice Governing Hearings, Under the Federal
         Insecticide,  Fungicide, and  Rodenticide Act, Arising from
         Refusals to Register, Cancellations, Registrations, Changes
         of Classifications, Suspensions of  Registrations and  Other
         Hearings Called Pursuant to Section 6 of the Act, Environ-
         mental  Protection   Agency,  40  C.F.R.  §§  164.1-164.123
         (1973)  _._	  .	-.__ 	  -          47
    3.4  Exemption  of  Federal  and  State  Agencies for  Use  of
         Pesticides  Under Emergency Conditions,  Environmental
         Protection Agency, 40 C.F.R. §§  166.1-166.11 (1973)  __   _        48
    3.5  Registration of  Pesticide Producing  Establishments,  Sub-
         mission of Pesticides Reports,  and  Labeling, Environmental
         Protection Agency, 40 C.F.R.  §§ 167.1-167.5 (1973)  .  _   .       49
    3.6  Rules of Practice Governing Proceedings  Conducted  in the
         Assessment of Civil Penalties Under the Federal  Insecticide,
         Fungicide, and Rodenticide  Act, Environmental Protection
         Agency, 40 C.F.R. §§ 168.01-158,55 (1973) __                   49
    3.7  Tolerances and Exemptions From  Tolerances for Pesticide
         Chemicals In or On Raw Agricultural Commodity, Environ-
         mental  Protection  Agency, 40  C.F.R.  §§   180.1-180.1027
         (1973)		__. ___	  	       50
    3.8  Agricultural Aircraft Operations, Federal Aviation Admin-
         istration, 14 C.F.R. §§ 137.1-137.77 (1968)   _.___.            60

 4.  Guidelines and Reports                                             62

                                                                       xi

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   Statutes
       and
Legislative
   History

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1.1  The Federal Insecticide, Fungicide, and  Rodenticide Act,
    7 U.S.C. §§ 136-136y (1973)

7 § 136. Definitions

  For purposes of this subchapter—
  (a) Active ingredient.—The term "active ingredient" means—
      (1)  in the case of a pesticide other than a plant regulator,
    defoliant, or desiccant, an ingredient which will prevent, de-
    stroy,  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 pes-
ticide if:
      (1)  its strength or purity falls  below the professed stand-
    ard 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 in-
vertebrate  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 136b of
    this title 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 pur-
    poses of producing any agricultural  commodity on  property
    owned or rented  by him or his employer or (if applied with-
    out compensation other  than trading of personal services
    between producers of agricultural commodities)  on the prop-
    erty of another person.

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1            LEGAL COMPILATION—SUPPLEMENT  II

      (3)  Commercial applicator.—The term "commercial appli-
    cator" means a certified applicator (whether or not he is a
    private applicator with respect to some uses) who uses or
    supervises the  use of any pesticide  which is  classified for
    restricted use for any purpose or on any property other than
    as provided by paragraph (2).
      (4)  Under the direct supervision of a certified applicator.
    —Unless otherwise prescribed by its  labeling, a pesticide
    shall be considered to be applied under the  direct supervision
    of a certified applicator if it is applied by a competent person
    acting under the instructions and control of a certified appli-
    cator 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 artifically  accelerating the
drying of plant tissue.
   (h) Device.—The  term "device"  means  any instrument or
contrivance  (other  than  a  firearm)  which  is  intended for
trapping,  destroying,  repelling, or  mitigating any  pest  or any
other form of plant  or animal  life (other  than man and other
than  bacteria, virus,  or  other  microorganism on  or in living
man or other living animals); but not including equipment used
for the  application of pesticides when sold separately  therefrom.
   (i) District court.—The term "district court"  means a  United
States district court,  the District Court of Guam, the District
Court of the Virgin Islands, and the highest court of American
Samoa.
   (j) Environment.—The term  "environment"  includes  water,
air, land, and all plants and man and other animals living therein,
and the interrelationships which exist among these.
   (k) Fungus.—The term "fungus" means  any non-chlorophyll-
bearing thallophyte (that is, any non-chlorophyll-bearing plant of
a lower order than mosses and liverworts), as for example, rust,
smut, mildew, mold,  yeast, and bacteria, except those on or in
living man or other animals and  those on or  in processed food,
beverages, or Pharmaceuticals.
   (1) Imminent hazard.—The term "imminent hazard" means a
 situation which exists when the continued use  of a pesticide dur-

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             STATUTES AND LEGISLATIVE HISTORY            5

ing the time required for cancellation proceeding would be likely
to result in unreasonable adverse effects on the environment or
will involve unreasonable hazard to the survival of a species de-
clared  endangered by the Secretary of the Interior under Public
Law 91-135.
  (m)  Inert ingredient.—The term "inert ingredient" means an
ingredienf 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 pesti-
    cide; and
       (2)  if the pesticide contains arsenic  in any form, a state-
    ment  of the percentages of total and water soluble arsenic,
    calculated as elementary arsenic.
  (o)  Insect.—The term "insect" means any of the numerous
small invertebrate animals generally having  the body more or less
obviously  segmented, for the most part  belonging  to the  class
insecta, comprising  sixlegged,  usually  winged forms,  as for
example, beetles, bugs, bees, flies, and to other allied classes of
arthropods whose members  are  wingless and usually have  more
than six legs, as for example, spiders, mites, ticks, centipedes,
and wood  lice.
  (p)  Label and labeling.—
       (1)  Label.—The term "label" means the written,  printed,
    or graphic matter on, or attached to, the pesticide or device
    or any of its containers or wrappers.
       (2)  Labeling.—The term "labeling"  means all  labels and
    all other written, printed, or graphic matter—
           (A)  accompanying  the pesticide  or device   at  any
        time; or
           (B)  to which reference is made on  the label or in
        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)  Misbranded.—
       (1)  A pesticide is misbranded  if—

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6            LEGAL COMPILATION—SUPPLEMENT  II

           (A) its  labeling  bears  any  statement,  design,  or
        graphic representation  relative thereto or to its ingre-
        dients 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 es-
        tablished  by  the  Administrator pursuant to section
        136w(c)(3) of this title;
           (C) it is an imitation of, or is offered for sale under
        the name of, another pesticide;
           (D) its label does not  bear the  registration number
        assigned under section  136e of this title to each estab-
        lishment in which  it was produced;
           (E) any word,  statement,  or  other  information re-
        quired by or under authority of  this subchapter to ap-
        pear on the label or labeling  is not prominently placed
        thereon with such conspicuousness  (as  compared  with
        other words, statements, designs, or graphic matter in
        the labeling)  and in  such terms as to render it likely to
        be read and understood by the ordinary individual under
        customary conditions of purchase and use;
           (F) the  labeling  accompanying  it does  not contain
        directions for use which are necessary for  effecting the
        purpose for which the product is intended  and if com-
        plied  with,  together with  any  requirements  imposed
        under section 136a(d) of this title,  are adequate to pro-
        tect health and the environment;
           (G)  the label does not contain a warning or caution
        statement which may be necessary and if complied with,
        together with any requirements  imposed under section
        136a(d) of this title, is adequate to protect health and
        the environment.
      (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  con-
        ditions of purchase, except that a pesticide  is  not mis-
        branded under this subparagraph if:
              (i)  the size or form of the immediate container,
            or the  outside container  or  wrapper of the retail
            package,  makes  it  impracticable to place  the  in-

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             STATUTES AND LEGISLATIVE HISTORY             7

             gredient statement on the part which is presented
             or displayed  under customary conditions  of  pur-
             chase; and
               (ii) the  ingredient  statement  appears  promi-
             nently on another part of the immediate container,
             or outside container or wrapper,  permitted by the
             Administrator;
           (B) the labeling does not contain a statement of the
         use  classification under which the product is registered;
           (C) there is  not  affixed to its container,  and to the
         outside container  or wrapper  of the retail  package,  if
         there be one, through which the required information on
         the  immediate container cannot be clearly read, a  label
         bearing—
               (i) the name and address of the producer, regis-
             trant, 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 rea-
             sonable variations; and
               (iv)  when  required by regulation of the Admin-
             istrator  to  effectuate  the  purposes  of  this
             subchapter,  the registration number  assigned  to
             the  pesticide under this subchapter,  and  the use
             classification; and
           (D) the  pesticide contains any  substance  or  sub-
         stances in quantities highly  toxic to man, unless the
         label shall bear,  in addition  to any  other  matter re-
         quired by this subchapter—
               (i) the skull and crossbones;
               (ii) the word "poison" prominently  in red  on a
             background of distinctly contrasting color; and
               (iii)  a statement of a  practical treatment  (first
             aid or otherwise) in case of poisoning by the pesti-
             cide.
   (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,  part-

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8            LEGAL COMPILATION—SUPPLEMENT II

nership, association, corporation, or any organized group of per-
sons whether incorporated or not.
   (t) Pest.—The  term  "pest"  means  (1)  any  insect,  rodent,
nematode,  fungus, weed, or (2) any other form of terrestrial or
aquatic plant or animal life or virus, bacteria, or  other micro-
organism (except viruses, bacteria, or other micro-organisms on
or in living man or other living animals) which the Administra-
tor declares to be a pest under section 136w(c) (1) of this title.
   (u)  Pesticide.—The  term  "pesticide" means  (1)   any  sub-
stance or mixture of substances intended for preventing, destroy-
ing, repelling, or mitigating any pest, and  (2) any substance or
mixture of substances intended for use as a plant regulator, de-
foliant, or  desiccant.
   (v)  Plant regulator.—The term  "plant regulator" means any
substance  or mixture of substances intended, through physio-
logical 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 ele-
ments,  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 amend-
ments as are commonly known as vitamin-hormone horticultural
products,   intended  for  improvement,  maintenance,  survival,
health,  and propagation  of plants, and are  not for pest destruc-
tion 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 environment.
   (y)  Registrant.—The  term "registrant" means a person  who
has registered  any  pesticide pursuant to the provisions of this
subchapter.
   (z) Registration.—The term "registration" includes reregistra-
tion.
   (aa)  State.—The term "State" means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

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             STATUTES AND LEGISLATIVE HISTORY             9

Guam, the Trust Territory of the Pacific Islands, and American
Samoa.
i
   (bb)  Unreasonable adverse effects on the environment.—The
tern  "unreasonable  adverse  effects on the environment" means
any unreasonable risk to man or the environment, taking into
account the economic,  social, and environmental  costs and bene-
fits of the use of any pesticide.
   (cc) Weed.—The term  "weed" means  any plant  which grows
where not wanted.
   (dd)  Establishment.—The term "establishment" means any
place  where a pesticide or device is produced, or held, for distribu-
tion or sale.
June  25, 1947, c. 125, § 2, as added Oct. 21, 1972, Pub.Lu 92-516,
§ 2, 86 Stat. 975.

   § 136a. Registration  of pesticides
   (a) Requirement.—Except as otherwise provided by this sub-
chapter, no person in any State may distribute,  sell,  offer for sale,
hold for sale, ship, deliver  for shipment, or receive and  (having so
received) deliver or  offer  to deliver, to any person  any pesticide
which is not registered with the Administrator.
   (b) Exemptions.—A pesticide which is not registered with the
Administrator may be transferred if—
       (1)  the  transfer is from one  registered establishment to
    another registered establishment operated by the same pro-
    ducer solely for  packaging at the second establishment or for
    use as a constituent part of another pesticide  produced at the
    second  establishment; or
       (2)  the transfer is pursuant to and in accordance with the
    requirements of an experimental use permit.
   (c)  Procedure for registration.—
       (1)  Statement required.—Each applicant  for registration
    of a pesticide shall file with the Administrator a statement
    which includes—
            (A)  the  name and address of the applicant and of
         any other person whose name will appear on the label-
         ing;
            (B)  the name of the pesticide;
            (C)  a complete copy of the labeling of  the pesticide,
         a statement of all claims to be made  for it, and any
         directions for its use;
           (D)  if requested by the Administrator,  a full descrip-
         tion of the tests made and the results  thereof upon

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10           LEGAL  COMPILATION—SUPPLEMENT II

         which the claims are based, except that data submitted
         in support of an application shall not, without permis-
         sion of the  applicant,  be considered by the Administra-
         tor in support of any other application for registration
         unless such  other applicant shall have first offered to
         pay reasonable compensation for producing the test data
         to be relied  upon and such data is not protected from
         disclosure by section 136h(b) of this title. If the parties
         cannot agree on the  amount and method of payment, the
         Administrator shall make such determination and may
         fix such other terms  and conditions as may be reasonable
         under the  circumstances.  The  Administrator's  deter-
         mination shall be made on the record after  notice and
         opportunity for hearing. If the owner of the test data
         does not agree with said determination, he may,  within
         thirty days,  take an appeal to the Federal district court
         for the district in which he resides with respect to either
         the amount of the payment or the terms of payment, or
         both. In  no event shall the amount of payment deter-
         mined by the court  be less than that determined  by the
         Administrator;
           (E) the complete formula of the pesticide; and
           (F) a request that the pesticide be classified for gen-
         eral 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 pesti-
     cide 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 ad-
     ditional  information. Except as provided  by subsection (c)
     (1)  (D) of this section and section  136h of this title,  within
     30 days  after the Administrator registers a pesticide under
     this subchapter, he shall  make available to the public the data
     called  for  in  the registration statement together with such
     other scientific information as he deems relevant to his deci-
     sion.
       (3)  Time for acting with respect to application.—The Ad-
     ministrator shall review the data after receipt of the applica-
     tion and shall, as expeditiously as possible, either register the
     pesticide in accordance  with paragraph  (5),  or  notify the
     applicant of his  determination that it  does not comply with
     the  provisions of the  subchapter in accordance with para-
     graph (6).

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           STATUTES AND LEGISLATIVE HISTORY            11

     (4)  Notice of application.—The Administrator shall  pub-
  lish  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 pro-
  vide 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  consid-
  ered with any  restrictions imposed under subsection (d) of
  this section—
         (A) its  composition is such as  to warrant the  pro-
      posed claims for it;
         (B) its  labeling and other material required to  be
      submitted  comply with the  requirements  of this  sub-
      chapter ;
         (C) it will perform its intended function without un-
       reasonable adverse effects on  the environment;  and
         (D) when used in  accordance  with  widespread and
      commonly  recognized practice it will not generally cause
      unreasonable adverse effects on the environment
  The Administrator shall not make  any lack  of essentiality a
  criterion for denying registration  of  any pesticide. Where
  two pesticides meet the requirements of this paragraph,  one
  should not be registered in preference to the other.
     (6)  Denial of  registration.—If  the Administrator deter-
  mines  that the requirements of paragraph  (5)  for registra-
  tion are not satisfied, he shall notify the applicant for regis-
  tration 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. When-
  ever the Administrator  refuses to register a  pesticide,  he
  shall notify the applicant of his decision and of his  reasons
  (including the  factual basis) therefor.  The Administrator
  shall promptly publish in the Federal Register notice  of such
  denial  of registration and the reasons therefor. Upon such
  notification, the applicant for registration or other interested
  person with the concurrence of the applicant shall have the
  same remedies  as provided for in section 136d of this title.
(d)  Classification of pesticides.—

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12           LEGAL COMPILATION—SUPPLEMENT II

       (1) Classification  for  general  use,  restricted  use,  or
    both.—
           (A)  As a part of the registration of a pesticide the
         Administrator shall classify  it as being for  general use
         or for restricted use, provided that if the Administrator
         determines that some of the uses for which the pesticide
         is registered should be for general use and that other
         uses for which it is registered  should  be  for restricted
         use,  he shall classify  it for both general use and re-
         stricted 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,  how-
         ever,  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  pesti-
         cide, when applied in accordance with  its  directions for
         use, warnings and cautions and  for the uses for which it
         is registered, or for one  or more  of  such  uses,  or in
         accordance with a widespread and commonly recognized
         practice, will not generally cause unreasonable adverse
         effects on the environment, he will classify the pesticide,
         or the particular use or uses of the pesticide to which
         the  determination applies,  for general use.
           (C)  If the Administrator determines that the  pesti-
         cide, when applied in accordance with  its  directions for
         use, warnings and cautions and  for the uses for which it
         is registered, or for one  or more  of  such  uses,  or in
         accordance with a widespread and commonly recognized
         practice, may generally cause, without additional regu-
         latory  restrictions,  unreasonable adverse  effects  on the
         environment, 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 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 pesti-
             cide shall be applied  for any use  to  which the re-

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              STATUTES AND LEGISLATIVE HISTORY           13

              stricted 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  ad-
              ditional regulatory restriction may cause unreason-
              able adverse effects on the environment, the pesti-
              cide 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 deter-
     mines 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 determi-
     nation 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 136d(b) of this title.
   (e) Products with  same  formulation and claims.—Products
which have the same formulation, are manufactured by the same
person, the labeling of which contains  the same claims, and the
labels of which bear a designation identifying the product as the
same pesticide may be registered as  a single pesticide; and addi-
tional names  and labels shall be added to the registration by sup-
plemental statements.
   (f) Miscellaneous.—
      (1)  Effect of change  of labeling or formulation.—If the
    labeling  or formulation for a pesticide is changed, the regis-
    tration  shall  be  amended to reflect such change  if the
    Administrator  determines that  the change will not  violate
    any  provision of this subchapter.
      (2)  Registration not a defense.—In no event shall regis-
    tration of an article be construed as a defense  for the com-
    mission of any offense under  this subchapter: Provided, That
    as long as no cancellation proceedings are in effect registra-

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 14          LEGAL COMPILATION—SUPPLEMENT II

     tion  of  a  pesticide shall  be prima  facie evidence that the
     pesticide, its labeling and packaging comply with the regis-
     tration provisions of the subchapter.
       (3) Authority  to  consult  other  Federal agencies.—In
     connection with consideration of any registration or applica-
     tion  for registration  under this  section,  the Administrator
     may  consult with any other Federal agency.
 June 25,  1947, c. 125, § 3, as added  Oct. 21, 1972, Pub.L. 92-516,
 §  2, 86 Stat. 979.

   §  136b. Use of restricted  use pesticides;  certified applicators
   (a) Certification procedure.—
       (1) Federal certification.—Subject to paragraph  (2), the
     Administrator shall prescribe standards for the certification
     of applicators of pesticides. Such standards shall provide
     that  to be certified, an individual must be determined to be
     competent with respect to the use and handling of pesticides,
     or to the use and handling of the pesticide or class of pesti-
     cides covered by such individual's certification.
       (2) State certification.—If any State, at any time, desires
     to certify  applicators of  pesticides, the  Governor  of such
     State shall submit a State plan for such purpose. The Admin-
     istrator  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 respon-
         sible for administering the plan throughout the State;
           (B)  contains   satisfactory  assurances   that   such
         agency has or will have the legal authority and qualified
         personnel necessary to carry out the plan;
           (C)  gives satisfactory assurances that the State  will
         devote  adequate funds to the administration of the plan;
           (D)  provides  that  the State  agency will  make such
         reports  to the Administrator in  such  form and  contain-
         ing  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 pesti-
         cides conform with those standards  prescribed  by the
        Administrator under paragraph  (1).
Any State certification program under this section shall be main-
tained in  accordance with the State  plan  approved  under this
section.
   (b)  State  plans.—If the  Administrator  rejects a  plan  sub-

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              STATUTES  AND LEGISLATIVE  HISTORY            15

 mitted 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 para-
 graph, then such State shall certify applicators of pesticides with
 respect to such  State. Whenever the Administrator  determines
 that  a  State  is  not  administering the  certification  program  in
 accordance with the plan approved under this section, he  shall  so
 notify the State  and  provide for a hearing at the request of the
 State, and, if appropriate corrective action is not  taken within a
 reasonable time, not to  exceed ninety  days, the Administrator
 shall  withdraw approval of such plan.
 June  25, 1947, c. 125, § 4, as added Oct. 21, 1972,  Pub.L.  92-516,
 § 2, 86  Stat. 983.

  § 136c. Experimental  use permits
   (a) Issuance.—Any person  may  apply  to the  Administrator
 for an experimental use  permit for a pesticide.  The Administra-
 tor may issue an experimental use permit if he determines that
 the applicant needs such permit in order to accumulate informa-
 tion necessary to register a pesticide under section 136a of this
 title.  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 deter-
 mines that the use  of a  pesticide may reasonably  be expected  to
 result in any  residue on or in  food  or feed, he may establish a
 temporary tolerance level for the residue of the pesticide before
 issuing  the experimental use permit.
   (c) Use under permit.—Use of a pesticide under  an  experi-
 mental use permit shall be under the supervision of the Adminis-
 trator, and shall  be subject to such terms  and conditions  and be
 for such period of  time  as the Administrator may prescribe  in
 the permit.
  (d) Studies.—When any experimental use permit is issued for
 a pesticide containing any chemical  or combination  of chemicals
 which has not been included in any previously  registered pesti-
 cide, the Administrator may specify  that studies be  conducted  to
 detect whether the use of the pesticide under  the permit may
 cause unreasonable adverse effects on the  environment.  All re-
sults of  such studies shall be reported to the Administrator before
such pesticide may be registered under section 136a of this title.
  (e) Revocation.—The  Administrator may revoke any  experi-
mental  use permit, at any time, if he  finds that its terms  or

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16           LEGAL COMPILATION—SUPPLEMENT  II

conditions are being violated, or that its terms and conditions are
inadequate to avoid unreasonable adverse effects  on the environ-
ment.
   (f) State  issuance of permits.—Notwithstanding the forego-
ing provisions of this section, the Administrator may, under such
terms and conditions as he may by regulations prescribe, author-
ize any  State to issue an experimental use permit for a pesticide.
All provisions of section 136b of this title relating to  State plans
shall apply  with equal force to a State plan for  the  issuance of
experimental use permits under this section.
June 25, 1947, c. 125, § 5, as added Oct. 21,  1972, Pub.L. 92-516,
§ 2, 86  Stat. 983.
    136d. Administrative review; suspension
   (a)  Cancellation after five years—
       (1) Procedure.—The Administrator shall cancel the regis-
    tration 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  regis-
    trant, 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 Ad-
    ministrator may permit the continued sale and use of exist-
    ing stocks of a pesticide whose registration is  canceled under
    this  subsection or subsection  (b) of this section to such
    extent, under such conditions, and for such uses as he may
    specify if he determines that such sale or use is not  incon-
    sistent with the purposes of this subchapter and  will not
    have unreasonable adverse effects on the environment. The
    Administrator shall publish in the Federal Register, at least
    30 days  prior  to  the  expiration  of such  five-year  period,
    notice that the registration will  be canceled if the registrant
    or other interested person with the concurrence of the regis-
    trant does not request that the  registration be continued in
    effect.
       (2) Information.—If at any time after the  registration of
    a pesticide the  registrant has additional factual information
    regarding unreasonable adverse effects on  the environment
    of the pesticide,  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 ma-

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             STATUTES AND LEGISLATIVE  HISTORY            17

terial required to be submitted does  not  comply with the pro-
visions  of  this  subchapter or, when used  in accordance  with
widespread  and commonly recognized practice, generally causes
unreasonable adverse effects on the environment, the Administra-
tor 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. 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 hear-
ing shall be final.
   (c) Suspension.—
       (1)  Order.—If the  Administrator determines that action
    is necessary to prevent an imminent hazard during the time
    required for cancellation or change in classification proceed-
    ings, he may, by order, suspend the registration of the pesti-
    cide immediately. No order of suspension may  be issued un-
    less 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  provisions 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 sub-
    mitted  to  the Agency within five days  of the registrant's
    receipt of the notification provided for by paragraph (1), the
    suspension order may be issued and shall take effect and shall
    not be reviewable by a court. If a hearing is requested, it shall
    commence within five  days of the receipt of the request for

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18           LEGAL  COMPILATION—SUPPLEMENT II

    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
    chapter 5 of Title 5, 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 de-
    termines that  an emergency exists that does not permit him
    to hold a hearing before suspending, he may issue a suspen-
    sion  order  in  advance of  notification to  the registrant.  In
    that  case,  paragraph  (2)  shall apply  except  that (i)  the
    order of suspension shall be in effect pending the  expeditious
    completion  of  the remedies 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 purposes of section 136n(b) of this title.
      (4) Judicial review.—A  final order on the question of sus-
    pension following a hearing shall be reviewable in accord-
    ance  with section 136n of this title, notwithstanding the fact
    that any related cancellation proceedings have not been com-
    pleted. Petitions to review  orders on the issue of suspension
    shall be advanced on the docket of the courts of appeals. Any
    order of suspension  entered prior to a hearing  before  the
    Administrator shall be subject  to immediate review in an
    action by the registrant or other interested person with the
    concurrence of  the  registrant  in an appropriate district
    court, solely to determine  whether the  order of  suspension
    was  arbitrary,  capricious or  an  abuse  of discretion,  or
    whether the order was  issued in  accordance with the  pro-
    cedures  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 re-
    spect to cancellation or change in  classification. This action
    may be  maintained simultaneously with any administrative
    review proceeding under this section. The commencement of
    proceedings under this paragraph shall not operate as a  stay
    of order, unless ordered by the court.

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              STATUTES AND LEGISLATIVE HISTORY            19

   (d) Public hearings  and  scientific  review.—In  the event  a
 hearing is requested pursuant to subsection (b) of this section or
 determined upon by the Administrator pursuant to subsection
 (b) of this section, such hearing shall be held  after due notice
 for the  purpose of receiving evidence relevant  and material to
 the issues raised by the objections filed by the applicant or other
 interested parties, or to the issues stated by the Administrator,
 if the hearing is called by the Administrator rather  than  by the
 filing of objections. Upon a showing of relevance and reasonable
 scope  of evidence sought by  any party to a  public hearing, the
 Hearing Examiner shall issue a subpoena to compel testimony or
 production of documents  from any person. The Hearing  Ex-
 aminer 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 re-
 quiring testimony of the witness. On contest, the subpoena may be
 enforced by an appropriate United States district court in accord-
 ance 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 Commit-
 tee of the National Academy of Sciences the relevant questions of
 scientific fact involved in the public hearing.  No member of  any
 committee of the National  Academy of Sciences established to
 carry out the functions  of this section shall  have a  financial or
 other conflict of interest with respect  to any matter considered
 by such  committee. The Committee of  the National Academy of
 Sciences shall report in writing to the Hearing Examiner within
 60 days  after such referral on these questions of scientific fact.
 The report shall be made public  and shall be considered as part
 of the hearing record. The Administrator shall enter into appro-
 priate  arrangements with the National Academy of  Sciences to
 assure an objective and  competent scientific review of the ques-
 tions presented  to Committees of the  Academy and  to provide
 such other scientific advisory services as may be required by  the
 Administrator for carrying out the purposes  of this  subchapter.
 As soon as practicable after completion  of the hearing (including
 the report of the Academy) but not later than 90  days thereafter,
 the Administrator shall evaluate the data and reports before him
 and issue an order either revoking his notice  of intention issued
 pursuant to this section, or shall  issue an order either cancelling
the registration, changing  the classification,  denying  the  regis-

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20           LEGAL COMPILATION—SUPPLEMENT II

tration, 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
136n of this title.
June 25, 1947, c.  125, § 6, as added Oct. 21, 1972,  Pub.L. 92-516,
  2, 86  Stat. 984.
   §  136e. Registration  of establishments
   (a)  Requirement.—No person shall produce any pesticide sub-
ject to this subchapter in any State unless the establishment in
which it is produced is registered with the Administrator. The
application for registration of any establishment shall include the
name and  address of the establishment and of the producer who
operates such establishment.
   (b)  Registration.—Whenever  the Administrator receives an
application under subsection (a) of this section, he shall register
the establishment and assign it an establishment number.
   (c) Information  required.—
       (1)  Any producer operating an establishment registered
     under this section shall inform  the Administrator within 30
     days after it is registered of the types and amounts of pesti-
     cides—
           (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 re-
     quired under such regulations as the Administrator may pre-
     scribe.
       (2)  Any such producer shall, upon the request of the Ad-
     ministrator for the purpose of issuing a stop  sale order  pur-
     suant  to section 136k of this title, 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
submitted to the Administrator pursuant to subsection (c) of this
section shall be considered confidential and shall be subject to the
provisions  of section 136h of this title.
June 25,  1947, c. 125, § 7, as added Oct. 21, 1972,  Pub.L. 92-516,
§ 2,  86 Stat. 987.

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             STATUTES AND LEGISLATIVE  HISTORY            21

  §  136f. Books and records
  (a) Requirements.—The  Administrator may prescribe regula-
tions requiring producers to maintain such records with respect to
their operations  and the  pesticides and devices produced  as he
determines are necessary  for  the  effective  enforcement of  this
subchapter. No records required under this subsection shall  ex-
tend to  financial  data, sales data other than shipment data, pric-
ing  data, personnel data, and research data  (other  than data
relating to registered pesticides or to a pesticide for which an
application for registration has been filed).
  (b) Inspection.—For the purposes of enforcing the  provisions
of this  subchapter, any producer, distributor, carrier, dealer, or
any other person who sells or offers for sale, delivers or offers for
delivery any pesticide or  device subject to this subchapter, shall,
upon request of any  officer or employee of the Environmental
Protection Agency or of  any State or political subdivision, duly
designated by the Administrator, furnish or permit such person at
all reasonable times to have access to, and  to copy:  (1)  all records
showing the delivery, movement, or holding of such pesticide or
device,  including the quantity, the date of shipment and receipt,
and the name of the consignor and consignee;  or (2) in the event
of the inability of any person to produce records containing such
information, all  other records and information relating to such
delivery, movement, or holding of the pesticide or device.  Any
inspection with respect to any records and information referred to
in this subsection  shall not extend to financial data,  sales  data
other than shipment data, pricing data, personnel data, and re-
search  data  (other than data  relating to  registered pesticides or
to a pesticide for which an application for  registration has been
filed).
June 25, 1947, c. 125, § 8, as added Oct. 21, 1972,  Pub.L. 92-516,
§ 2, 86 Stat. 987.

   § 136g. Inspection  of establishments, etc.
   (a)  In general.—For purposes  of enforcing the provisions of
this subchapter, officers or employees duly designated  by the  Ad-
ministrator are  authorized to  enter  at  reasonable times, any es-
tablishment or other place where pesticides or devices are held for
 distribution or sale for the purpose of inspecting and obtaining
 samples of any pesticides or  devices,  packaged, labeled,  and re-
 leased  for shipment, and samples of any containers or labeling for
 such pesticides or  devices.
   Before undertaking such inspection, the officers or employees

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22           LEGAL  COMPILATION—SUPPLEMENT II

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 state-
ment  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 subchapter and upon a showing to  an officer or court of
competent  jurisdiction that there is  reason to  believe that the
provisions  of this subchapter have been violated, officers or  em-
ployees 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 establish-
    ment which  is adulterated, misbranded, not  registered (in
    the case of a pesticide)  or otherwise in  violation of this sub-
    chapter and  in the event of the inability of  any person to
    produce records containing such information, all  other  rec-
    ords and information relating to such delivery, movement, or
    holding of the pesticide or device; and
       (3)  the  seizure of  any pesticide  or device which is in
    violation of this subchapter.
   (c)  Enforcement.—
       (1)  Certification of facts  to Attorney General.—The ex-
    amination  of pesticides or devices shall be made in the  En-
    vironmental  Protection Agency or elsewhere as the Admin-
    istrator may designate for the purpose of determining from
    such examinations whether  they comply with  the  require-
    ments  of this subchapter. If it shall appear from any such
    examination  that they fail to comply with the requirements
    of this subchapter, the Administrator  shall cause notice to
    be given to the  person against whom criminal or civil pro-

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              STATUTES AND  LEGISLATIVE HISTORY           23

     ceedings  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 subchapter have  been violated by such per-
     son,  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 136J(b) of this title
     or a civil proceeding under section  136Z(a) of this title, when
     the Administrator determines  that such  action will  be suffi-
     cient to effectuate the purposes of this subchapter.
       (2) Notice not required.—The notice of contemplated pro-
     ceedings and opportunity to present views set forth in this
     subsection are not prerequisites to  the institution of any pro-
     ceeding by the Attorney  General.
       (3) Warning  notices.—Nothing  in  this subchapter shall
     be construed as requiring the Administrator to institute pro-
     ceedings  for  prosecution of minor violations of this sub-
     chapter whenever he believes that  the public interest will be
     adequately served by  a suitable written notice of warning.
June 25, 1947, c.  125, § 9, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 988.
   §  136h. Protection of trade secrets  and other information
   (a) In  general.—In submitting data required by  this sub-
chapter,   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 sep-
arately from other material required to be submitted under this
subchapter.
   (b) Disclosure.—Notwithstanding any other provision  of this
subchapter, 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 subchapter, information relating to  formu-
las of products acquired by authorization of this subchapter may
be revealed to any Federal agency consulted and  may be revealed
at a public hearing or in findings of fact issued by the Administra-
tor.
   (c) Disputes.—If the Administrator proposes to release  for
inspection information which  the applicant or registrant believes
to be protected from disclosure under subsection (b) of this sec-

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24           LEGAL COMPILATION—SUPPLEMENT II

tion, he shall notify the applicant  or  registrant,  in  writing, by
certified mail. The Administrator shall  not thereafter make avail-
able 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  appropri-
ate district  court for a declaratory  judgment ,as to whether such
information is subject to protection under subsection (b) of this
section.
June 25, 1947, c. 125, § 10, as added Oct. 21, 1972,  Pub.L. 92-516,
§ 2, 86  Stat. 989.

  §  136L Standards applicable to pesticide applicators
  (a) In general.—No regulations prescribed by the Administra-
tor for  carrying out the provisions of this subchapter shall re-
quire 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 applica-
tors.
June 25, 1947, c. 125, § 11, as added Oct. 21, 1972,  Pub.L. 92-516,
§ 2, 86 Stat.  989.

  § 136j. Unlawful  acts
  (a) In general.—
       (1) Except as provided by subsection (b)  of this section,
     it shall be unlawful for any person in any State to distribute,
     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 sec-
         tion  136a of  this title, except  as provided by  section
         136d(a)(l)  of this  title;
            (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 sec-
         tion 136a of this title;
            (C)  any registered pesticide the composition of which
         differs at  the time of its  distribution or sale from its
         composition as  described in the statement  required in
         connection  with its registration under section 136a of
         this title;

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       STATUTES  AND LEGISLATIVE  HISTORY            25

    (D)  any pesticide which has not been colored or dis-
  colored pursuant to the provisions of section 136w(c)
  (5) of this title;
    (E)  any  pesticide  which  is  adulterated  or  mis-
  branded; or
    (F)  any device which is misbranded.
(2)  It shall be unlawful for any person—
    (A)  to detach, alter, deface, or destroy, in whole or in
  part, any labeling required under this subchapter;
    (B) to refuse to keep any records required pursuant
  to section 136f of this title, or to refuse to allow the
  inspection of any records or establishment pursuant to
  section 136f or 136g of this title, or to refuse to allow an
  officer  or employee of  the  Environmental  Protection
  Agency to take a  sample of any pesticide pursuant to
  section 136g of this title;
    (C) to give a guaranty or undertaking provided for
  in subsection (b) of this section which is false in  any
  particular, except that a person who receives  and relies
  upon a guaranty  authorized under subsection (b)  of
  this  section may give a  guaranty to the same effect,
  which guaranty shall  contain,  in addition to 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 exec-
  utive agencies, or to the courts, or to physicians, pharma-
  cists, and other qualified persons,  needing such informa-
  tion for the performance of their duties,  in accordance
  with such  directions as  the Administrator  may  pre-
  scribe,  any information  acquired  by  authority of this
         >
  subchapter which is confidential under this subchapter;
    (E) who is a registrant, wholesaler, dealer, retailer,
  or other  distributor to advertise  a  product registered
  under this subchapter for restricted use without giving
  the classification  of the product assigned to it under
  section 136a of this title;
    (F) to make available for use,  or to use, any regis-
  tered pesticide classified for restricted use for some or

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26           LEGAL COMPILATION—SUPPLEMENT II

         all purposes  other than in  accordance  with  section
         136a(d) of this title  and any regulations thereunder;
           (G) to use any  registered pesticide in  a manner in-
         consistent with its labeling;
           (H) to  use  any pesticide  which is under  an experi-
         mental use permit contrary to  the  provisions of such
         permit;
           (I)  to violate any order issued under section 136k of
         this title;
           (J)  to  violate any suspension  order issued under sec-
         tion 136d of this title;
           (K) to  violate  any cancellation of registration of a
         pesticide  under section 136d of this title, except as pro-
         vided by section 136d(a)  (1) of this title;
           (L) who is a producer to violate any of the provisions
         of section 136e of this title;
           (M)  to knowingly falsify all or part of any applica-
         tion for registration,  application for experimental  use
         permit, any information submitted to the Administrator
         pursuant to section 136e of this title, any records re-
         quired to be maintained pursuant to  section 136f of this
         title, any report  filed under this subchapter,  or any
         information marked as confidential and submitted to the
         Administrator under any provision of this subchapter;
           (N) who is a registrant,  wholesaler, dealer, retailer,
         or other distributor to fail to file reports required by this
         subchapter;
           (0) to add  any substance to, or take any  substance
         from,  any pesticide in a manner that may  defeat  the
         purpose of this subchapter;  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  fore-
         seeable therefrom, and  (ii)  freely volunteer to partici-
         pate in the test.
  (b)  Exemptions.—The penalties provided  for a violation  of
paragraph (1)  of  subsection (a)  of this  section shall  not  apply
to—
       (1)  any person who establishes a guaranty signed by, and
    containing the name and address  of, the registrant or person
    residing in  the United States from whom he  purchased  or
    received in good faith the pesticide in the same unbroken

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             STATUTES AND LEGISLATIVE  HISTORY            27

    package, to the effect that the pesticide was lawfully  regis-
    tered at the time of sale and delivery  to  him, and that it
    complies with the other requirements of this subchapter, and
    in such case the guarantor shall be subject to  the  penalties
    which would otherwise attach to the  person  holding  the
    guaranty under the provisions of this subchapter;
       (2)  any carrier while lawfully shipping,  transporting, or
    delivering for shipment any  pesticide  or device, if such car-
    rier upon request of any officer or employee duly designated
    by the Administrator shall permit such officer or employee to
    copy all of its records concerning such pesticide or device;
       (3)  any public official while  engaged in the performance
    of his official duties;
       (4)  any person using or possessing any pesticide as pro-
    vided by an experimental use permit in effect  with respect
    to such pesticide and such use or possession; or
       (5)  any person who ships a substance or mixture of sub-
    stances being put through tests in which the purpose is only
    to determine its value for pesticide purposes or to determine
    its toxicity or other properties and from which  the user does
    not expect to receive any benefit in pest control  from its use.
June 25, 1947, c. 125, § 12, as added  Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 989.

  § 136k. Stop sale, use, removal, and seizure
  (a)  Stop sale, etc., orders.—Whenever any pesticide or device
is found by the Administrator in  any State and there is reason to
believe on the basis of inspection or tests that  such pesticide or
device is in violation of any of the provisions of this subchapter,
or that such pesticide or  device has  been or is intended  to  be
distributed or sold in violation of any such provisions,  or when
the registration  of the pesticide has been canceled by a final order
or has been suspended, the Administrator may issue a written or
printed "stop sale, use, or removal" order to any person who owns,
controls, or has  custody  of such pesticide or device, and after
receipt of such order no  person shall sell,  use, or remove the
pesticide or device described  in  the order except in accordance
with the provisions  of the order.
   (b)  Seizure.—Any pesticide  or device that  is  being  trans-
ported or, having been transported, remains unsold  or in original
unbroken packages, or that is sold or offered for sale in any State,
or that is imported  from a foreign country, shall be liable to be
proceeded against in any  district court in the district where it is

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28           LEGAL COMPILATION—SUPPLEMENT  II

found and seized for confiscation by a process in rem for condem-
nation if—
       (1) in the case of a pesticide—
           (A)  it is adulterated or misbranded;
           (B)  it is not registered pursuant to the provisions of
       section 136a of this title;
           (C)  its labeling fails to bear the information required
         by this subchapter;
           (D)  it is not  colored or discolored and such coloring
         or discoloring is reqiured under this subchapter; or
           (E)  any of the  claims made  for it  or any of the
         directions for its use differ in substance from the repre-
         sentations made in connection with its registration;
       (2) in the case of a device, it is misbranded; or
       (3) in the case  of a pesticide  or  device, when used in
    accordance  with  the requirements imposed under  this sub-
    chapter 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  accord-
    ance 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 ap-
    plied.
  (c) Disposition after  condemnation.—If the pesticide or de-
vice 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 con-
trary to the provisions  of this subchapter 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 pesti-
cide or device shall not be sold or otherwise disposed of contrary
to the provisions of the subchapter or the laws of any jurisdiction
in which sold, the court may direct that such pesticide or device
be delivered to the owner thereof.  The proceedings of such con-
demnation cases shall conform, as near as may be to the proceed-
ings in admiralty, except that  either  party may demand trial by
jury of any issue of fact joined in any case, and all such proceed-
ings shall be  at the suit of and in the name of the United States.
  (d) Court costs, etc.—When a decree of condemnation is en-
tered  against-the pesticide or device, court costs and fees, storage,

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             STATUTES AND LEGISLATIVE  HISTORY            29

and other proper expenses shall be awarded against the person, if
any, intervening as claimant of the pesticide or device.
June 25, 1947, c. 125, § 13, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 991.

  § 136/. Penalties
  (a) Civil penalties.—
      (1)  In  general.—Any registrant, commercial  applicator,
    wholesaler, dealer, retailer, or other distributor who violates
    any provision of this  subchapter may be assessed a civil pen-
    alty 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 pro-
    vision of this subchapter subsequent to receiving a written
    warning from the Administrator or following a citation for
    a prior violation, may be assessed a civil penalty by the Ad-
    ministrator 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 oppor-
    tunity 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
    size of the business of the person  charged, the  effect on the
    person's ability to continue in business, and the  gravity  of
    the  violation.
      (4)  References to Attorney General.—In case of inability
    to collect such civil penalty or failure of any person to pay all,
    or such portion of such civil penalty  as the Administrator
    may  determine,  the Administrator shall refer the matter  to
    the  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,
    wholesaler,  dealer, retailer, or  other distributor who  know-
    ingly violates any provision of this subchapter shall be guilty
    of a misdemeanor and shall on conviction be fined not more
   than  $25,000, or imprisoned for not more than one year, or
   both.
     (2)  Private applicator.—Any private applicator or other
   person not  included  in  paragraph  (1)   who  knowingly
   violates any provision  of this  subchapter shall be guilty of a

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30           LEGAL COMPILATION—SUPPLEMENT II

     misdemeanor and shall on conviction be fined not more than
     $1,000, or imprisoned for not more than  30 days,  or  both.
       (3) Disclosure of information.—Any person,  who,  with
     intent to defraud, uses or reveals information relative to
     formulas of products acquired under the authority of section
     136a of this title, shall be fined not more  than $10,000, or
     imprisoned for not more than three years, or both.
       (4) Acts of officers, agents, etc.—When construing- and en-
     forcing the provisions of this subchapter,  the act, omission,
     or failure of any officer, agent, or other person acting for or
     employed by any person shall in every case be also deemed to
     be the act, omission, or failure of such person as well as that
     of the person employed.
June 25, 1947, c.  125, § 14, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2,  86 Stat. 992.

  §  136m. 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  prevent an imminent hazard;
      (2) the  registration of the pesticide is  canceled as a re-
     sult of a final  determination that the use of such pesticide
     will create an imminent hazard;  and
      (3) any person who owned any quantity of such pesticide
     immediately  before the notice to the registrant under para-
     graph (1)  suffered  losses by reason of suspension  or can-
     cellation of the registration,
the Administrator shall make an indemnity payment to such per-
son,  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  136a(c)
(5) of this title for registration, and  (ii) continued thereafter to
produce such pesticide without giving timely notice of such  facts
to the Administrator.
  (b) Amount of payment.—
      (1) In general.—The amount  of the indemnity payment
     under subsection (a) of this section to any person  shall be
     determined on the basis of the cost of the pesticide owned by
     such  person  immediately before the notice to the registrant
     referred to in subsection (a)  (1) of this section; except that
     in no event shall an indemnity payment to any person exceed
     the fair market value of the pesticide owned by such person

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             STATUTES AND  LEGISLATIVE HISTORY           31

    immediately before the notice referred to in  subsection (a)
    (1) of this section.
      (2)  Special rule.—Notwithstanding  any other  provision
    of this subchapter, the Administrator may provide a reason-
    able time for use  or other disposal of such pesticide. In de-
    termining the quantify of any pesticide for which indemnity
    shall be paid under this  subsection, proper adjustment shall
    be made for any pesticide used or otherwise  disposed of by
    such owner.
June 25, 1947, c. 125, § 15, as added Oct.  21, 1972,  Pub.L. 92-516,
§ 2, 86 Stat. 993.
  § 136n. Administrative procedure;  judicial review
  (a) District court review.—Except as  is otherwise provided  in
this subchapter, Agency refusals to cancel or suspend registra-
tions or change classifications not following a hearing and other
final Agency actions not committed to Agency discretion by law
are judicially reviewable in the district courts.
  (b)  Review by court of appeals.—In the case of actual contro-
versy as to the validity of any order issued by the Administrator
following a public hearing, any person who will be adversely af-
fected 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 peti-
tion 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  proceedings on which  he based his
order, as provided in section 2112 of Title 28. Upon the filing of
such petition the court shall  have exclusive jurisdiction to affirm
or set aside the  order complained of in  whole or in part. The
court shall consider all evidence of record. The order of the Ad-
ministrator shall  be sustained if it  is supported by substantial
evidence when considered on the record as a whole. The judgment
of the court affirming or setting aside, in whole  or  in part, any
order under this section  shall be final, subject to review by the
Supreme Court of the United States upon certiorari or  certifica-
tion as provided  in  section 1254 of Title 28.  The commencement
of  proceedings under this section  shall  not, unless  specifically
ordered by the  court to  the contrary, operate as  a stay of  an
order. The court  shall advance on the  docket and expedite the
disposition of all cases filed therein pursuant to this section.

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32           LEGAL COMPILATION—SUPPLEMENT  II

  (c) Jurisdiction of district courts.—The district courts of the
United States are vested with jurisdiction specifically to enforce,
and to prevent and restrain violations of this subchapter.
  (d) Notice of judgments.—The Administrator  shall,  by publi-
cation in such manner as he may prescribe, give  notice  of  all
judgments entered in actions instituted under the authority of
this  subchapter.
June 25, 1947, c. 125, § 16, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2,  86 Stat. 994.

  §  136o. Imports  and exports
  (a) Pesticides and devices  intended for  export.—Notwith-
standing any other provision of this subchapter,  no pesticide or
device shall be deemed in violation of this  subchapter  when  in-
tended 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  136f of this title.
  (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 effec-
tive, the Administrator shall transmit through the State Depart-
ment 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 subchapter, or is  other-
wise 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 Secre-
tary 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 execu-

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              STATUTES AND  LEGISLATIVE HISTORY            33

 tion of bond for  the  amount of the  full invoice value  of such
 pesticide or  device,  together  with the duty thereon,  and on re-
 fusal 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 im-
 portation 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 in-
 ternational efforts to  develop improved pesticide research and
 regulations.
   (e)  Regulations.—The Secretary of the Treasury, in consulta-
 tion with the Administrator, shall prescribe  regulations for the
 enforcement of subsection (c) of this  section.
 June 25, 1947, c. 125, § 17, as  added Oct. 21, 1972, Pub. L. 92-516,
 § 2, 86 Stat. 995.

   §  136p.  Exemption  of Federal  agencies
   The Administrator may, at his discretion, exempt any Federal
 or State agency from any provision of  this subchapter  if he deter-
 mines  that emergency conditions  exist which  require such ex-
 emption.
 June 25, 1947, c. 125, § 18, as added Oct. 21, 1972, Pub.L. 92-516,
 § 2, 86 Stat. 995.
   §  136q.  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 convenient locations for safe disposal  a
pesticide the  registration of which   is canceled under  section
 136d(c) of this title if requested by the owner of the pesticide.
   (b)  Advice to Secretary of Transportation.—The Administra-
tor shall provide advice and assistance to the Secretary of Trans-
 portation  with   respect  to  his functions  relating  to  the
transportation  of  hazardous  materials under  the Department  of
Transportation Act, the  Transportation  of Explosives Act, the
Federal Aviation Act of 1958, and the Hazardous Cargo Act.

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34           LEGAL COMPILATION—SUPPLEMENT II

June 25, 1947, c. 125, § 19, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 995.

  §  136r. Research and monitoring
  (a)  Research.—The  Administrator  shall undertake  research,
including research by grant or contract with other Federal agen-
cies, universities, or others as may be necessary to carry out the
purposes  of this  subchapter, and  he  shall give priority to  re-
search  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  for-
mulate and periodically revise,  in  cooperation  with other Fed-
eral,  State, or  local agencies,  a national plan  for monitoring
pesticides.
  (c)  Monitoring.—The  Administrator  shall  undertake  such
monitoring activities, including but not limited to monitoring in
air, soil, water, man,  plants, and animals, as may be necessary
for the implementation of this  subchapter and of  the national
pesticide monitoring plan. Such  activities shall be carried out in
cooperation with other Federal, State, and local agencies.
June 25, 1947, c. 125, § 20, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 996.

  § 136s.  Solicitation  of comments; notice of public hearings
  (a)  The  Administrator, before  publishing  regulations  under
this subchapter, shall solicit  the  views of the  Secretary of Agri-
culture.
  (b)  In addition to any other authority relating to  public hear-
ings and  solicitation of views,  in  connection  with  the suspen-
sion or cancellation of a pesticide  registration or any other ac-
tions authorized under this subchapter, the Administrator may,
at his discretion, solicit the views of all interested persons, either
orally or in writing, and seek such  advice from scientists,  farm-
ers, farm organizations, and other  qualified persons  as he deems
proper.
  (c)  In  connection with all public hearings  under this sub-
chapter the Administrator shall publish  timely notice of  such
hearings in the Federal Register.
June 25, 1947, c. 125, § 21, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 996.

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              STATUTES AND  LEGISLATIVE HISTORY            35

   § 1361. Delegation and  cooperation
   (a)  Delegation.—All authority vested in the Administrator by
virtue of the provisions of this  subchapter may with like force
and effect be executed  by  such employees of the Environmental
Protection Agency as the  Administrator may designate for the
purpose.
   (b)  Cooperation.—The Administrator shall cooperate with the
Department  of Agriculture, any other Federal agency, and  any
appropriate  agency  of any  State  or  any  political  subdivision
thereof, in carrying out the provisions of this subchapter, and in
securing uniformity of regulations.
June 25, 1947, c. 125, § 22, as added Oct. 21, 1972, Pub.L. 92-516,
§  2, 86 Stat. 996.

   §  136u. State cooperation,  aid, and training
   (a)  Cooperative agreements.—The Administrator  is  author-
ized to enter into cooperative agreements with States—
       (1) to delegate  to  any State the authority to cooperate
     in the enforcement of the subchapter through the use of its
     personnel or facilities,  to train personnel of  the State to
     cooperate in the  enforcement of this subchapter, and to as-
     sist States  in implementing cooperative  enforcement  pro-
     grams through grants-in-aid; and
       (2)  to assist State agencies in developing and administer-
     ing State programs for training and certification of applica-
     tors consistent with the standards which he prescribes.
   (b)  Contracts  for  training.—In  addition, the Administrator
is authorized to enter into contracts with Federal or State agen-
cies for the purpose of encouraging the training of certified ap-
plicators.
   (c) The Administrator  may,  in  cooperation with  the  Secre-
tary of Agriculture, utilize the services of the  Cooperative State
Extension Services for informing farmers  of accepted uses and
other regulations made  pursuant to this subchapter.
June 25, 1947, c.  125,  §  23,  as added  Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 996.

   §  136v. 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 subchapter;
   (b) Such  State shall not impose or continue in effect any re-

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36           LEGAL COMPILATION—SUPPLEMENT II

quirements for labeling and packaging in addition to or different
from those required pursuant to this subchapter; and
   (c) A State may provide  registration for pesticides formu-
lated for distribution and  use within that State to meet special
local needs if that State is certified by the Administrator as capa-
ble of exercising adequate controls to assure that such registra-
tion will be in accord with the purposes of this subchapter and if
registration for such use has not previously been denied, disap-
proved, or  canceled by the  Administrator. Such registration shall
be deemed registration under section 136a of this title for all pur-
poses of this subchapter, but shall authorize distribution and use
only within such State and shall not be  effective for more than
90 days if  disapproved by the Administrator within that period.
June 25, 1947, c.  125, § 24, as  added Oct. 21,  1972, Pub.L. 92-516,
§ 2, 86  Stat. 997.

  §  136w, Authority of Administrator
   (a) Regulations.—The Administrator  is  authorized to  pre-
scribe regulations to carry out the  provisions of this subchapter.
Such regulations shall  take into account the difference in  con-
cept and usage between various classes of pesticides.
   (b) Exemption of pesticides.—The Administrator may exempt
from the  requirements of this  Act by regulation any pesticide
which  he  determines either  (1) to be adequately  regulated by
another Federal  agency, or  (2) to be of a character which is
unnecessary to be subject to this subchapter  in order to carry out
the purposes of this subchapter.
   (c) Other authority.—The Administrator, after notice and op-
portunity  for hearing, is authorized—
       (1)  to declare  a pest  any form  of plant  or animal  life
     (other than  man and other than bacteria, virus,  and  other
     micro-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  sub-
     stance 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 Preven-
     tion Packaging Act) with respect to the package,  container,
     or wrapping in which a pesticide or device is enclosed for use
     or consumption, in order  to protect children and adults from
     serious injury  or  illness  resulting from accidental ingestion
     or contact with pesticides or devices regulated by this sub-

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              STATUTES  AND LEGISLATIVE  HISTORY            37

     chapter  as well as to accomplish the  other purposes of this
     subchapter;
       (4) to specify those classes  of devices  which  shall  be
     subject  to any provision  of  paragraph 2(q)(l) or section
     136e of  this  title upon his determination that application of
     such provision is necessary to effectuate the purposes of this
     subchapter;
       (5) to prescribe regulations requiring any pesticide to be
     colored or discolored if 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.
June 25, 1947, c.  125, § 25, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 997.

   § 136x. Severability
   If any  provision of this subchapter or the application thereof
to any person or  circumstance is held invalid, the invalidity shall
not  affect other  provisions or applications of  this  subchapter
which  can be given effect without  regard to the invalid provision
or application, and to this end the provisions of this subchapter
are severable.
June 25, 1947, c.  125, § 26, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 998.

  §  136y. Authorization for appropriations
  There  is authorized to be appropriated  such sums as may  be
necessary to  carry out the provisions of this  subchapter 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  here-
after provided by law.
June 25, 1947, c.  125, § 27, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat 998.

[Legislative history is located in Supp I—Pesticides]

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Executive
   Orders

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                     EXECUTIVE ORDERS                   41
2. Executive Orders
                   [No updated material]

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Regulations

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                            REGULATIONS                          45

3.   Regulations
    3.1  Regulations  for  the  Enforcement  of  the  Federal  Insecticide,
        Fungicide, and Rodenticide Act, Environmental  Protection Agency,
        40 C.F.R. §§ 162.1-162.125 (1971)
        3.la   General
               § 162.1     Words and Singular Form
               § 162.2     Terms Defined
               § 162.3     Administration
        3.1b
               § 162.4     Labeling Required
               § 162.5     Language to be Used
               § 162.6     Labeling
               § 162.7     Ingredient Statement
               § 162.8     Economic Poisons Highly Toxic to Man
               § 162.9     Warning Statement
               § 162.10    Registration
        3.Id   Guarantees
               § 162.11    Guarantees of Economic Poison
        3.1e   Coloration of Economic Poison
               § 162.12    Coloration and Discoloration
        3.1f   Alteration and Misbranding
               § 162.13    Alteration
               § 162.14    Misbranding
        3.1g   Enforcement
               § 162.15    Enforcement
               § 162.16    Notice of Judgment
        3.1h   Temporary Permits
               § 162.17    Limited Shipment for Experimental Purposes
               §  162.18    DDT Products
               §  162.19    RESERVED
               § 162.20    RESERVED
               § 162.21    RESERVED
               §  162.22    RESERVED
               §  162.23    RESERVED
               §  162.24    RESERVED
        3.1i   Declaration of Pest
               §  162.25    Forms of Plant and  Animal  Life  and  Virus
                           Declared to be Pests
        3.1j   Imports
               §  162.30    Definitions
               §  162.31    Registration
               § 162.32    Declaration
               §  162.33    Notice of Shipments for Importation
               §  162.34    Drawings of Samples of Import Shipments
               §  162.35    Bond  for Release of Imports Pending Examina-
                           tion
               S  162.36    Procedure After Examination

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46             LEGAL COMPILATION—SUPPLEMENT II

         3.1k   Interpretations
               § 162.100   Interpretation as to  Applicability  of Act  and
                           Regulations   to  Operations  of  Pest  Control
                           Operators
               § 162.101   Interpretation of Terms Included in Definition
                           of Economic  Poison
               § 162.102   Interpretation  With   Respect  to   Names  of
                           Products
               § 162.103   Interpretation With Respect to Ingredients  and
                           Ingredient Statement
               § 162.104   Interpretation With  Respect  to Statement of
                           Net Content
               § 162.105   Interpretation of Requirements With Respect to
                           Directions for Use
               § 162.106   RESERVED
               § 162.107   Interpretation With Respect to Advertising
               § 162.108   Interpretation With Respect to Labels for Large
                           Containers
               § 162.109   Interpretation With Respect to the Guarantee of
                           an Economic Poison
               § 162.110   Interpretation With  Respect to the Analyzing
                           and Testing of Economic Poison
               § 162.111   RESERVED
               § 162.113   Interpretation With  Respect  to  Liquid   and
                           Pressurized  Household  Insecticides  Acceptable
                           for  Generalized  Application  (Primarily  Non-
                           Deposit Forming)
               § 162.115   Interpretation With  Respect  to  Labeling  of
                           Weed  Killers Containing  2,4-D,  2,4,5-T,   and
                           MCPA
               § 162.116   Interpretation With Respect  to  Warning, Cau-
                           tion, and Antidote  Statements Required to  Ap-
                           pear on Label of Economic Poisons
               § 162.117   Interpretation With  Respect to  Labeling  of
                           Household Insecticides Containing Clordane
               § 162.119   Interpretation Concerning  Labeling  Claims  for
                           Germicides, Disinfectants, and Sanitizers Recom-
                           mended for Use in Hard Water Areas
               § 162.120   RESERVED
               § 162.121   Interpretation With Respect to Liquid, Powdered
                           and  Pressurized  Household Insecticides  Accept-
                           able for  Depositing  Infecticidal  and Chemical
                           Residues
               § 162.122    Interpretation With  Respect to  Labeling  of
                           Sodium Arsenite or Arsenic  Trioxide Products
               § 162.123   Interpretation With  Respect to  Labeling  of
                           Phosphorous Paste Products
               § 162.124   Interpretation With Respect to the Term "Germ
                           Proof' and Related  Germs  Used in Labeling of
                           Economic Poisons

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                          REGULATIONS                           47

3.2  Certification  of  Usefulness  of Pesticide Chemicals, Environmental
     Protection Agency, 40 C.F.R. §§ 163.1-163.12 (1971)
            § 163.1      Words in a Singular Form
            § 163.2      Definitions
            § 163.3      Administration
            § 163.4      Filing of Requests for Certification
            § 163.5      Material in Support of the Request for Certifica-
                        tion
            § 163.6      Certification Limited to Economic Poison Uses
            § 163.7      Factors Considered in Determining Usefulness
            § 163.8      Basis for Determination of Usefulness
            § 163.9      Proposed  Certification;  Notice;   Request  for
                        Hearings
            § 163.10     Withdrawal of Request for Certification Pending
                        Clarification or Completion
            § 163.11     Registration  Under the  Federal   Insecticide,
                        Fungicide, and Rodenticide Act
            § 163.12     Opinion as to Residue

3.3   Rules of Practice Governing Hearings, Under the Federal  Insecti-
     cide, Fungicide,  and  Rodenticide  Act, Arising  from  Refusals  to
     Register, Cancellations, Registrations,  Changes  of Classifications,
     Suspensions of Registrations and  Other  Hearings Called Pursuant
     to  Section  6  of  the  Act,   Environmental Protection  Agency, 40
     C.F.R. §§ 164.1-164.123 (1973)
     3.3a    General—Subpart A
            §  164.1     Number of Words
            §  164.2     Definitions
            §  164.3     Scope and Applicability of This Part
           §  164.4     Arrangements  for Examining Agency Records,
                       Transcripts, Orders, and Decisions
           §  164.5     Filing and Service
           §  164.6     Time
           §  164.7     Ex parte Discussion of Proceeding
           §  164.8     Publication
     3.3b   General Rules  of Practice  Concerning Procedures  (Other
           Than Expedited Hearings)—Subpart B
             COMMENCEMENT OF PROCEEDING
           §  164.20     Commencement of Proceeding
           §  164.21     Contents of a  Denial of Registration, Notice of
                       Intent  to Cancel a  Registration,  or Notice of
                       Intent to Change a Classification
           § 164.22     Contents of Document Setting Forth Objection
           § 164.23     Contents of the Statement  of Issues  to  Ac-
                       companying Notice of Intent to Hold a Hearing
           § 164.24     Response to the Administrator's Notice of In-
                       tention to Hold  a Hearing
           § 164.25     Filing Copies of Notification of Intent to Cancel
                       Registration or  Change Classification or Refusal
                       to Register, and Statement of Issues.

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48             LEGAL COMPILATION—SUPPLEMENT  II

      APPEARANCES, INTERVENTION, AND CONSOLIDATION
               § 164.30    Appearances
               § 164.31    Intervention
               § 164.32    Consolidation
                   ADMINISTRATIVE  LAW JUDGE
                            -4
               § 164.40    Qualifications and Duties of Administrative Law
                          Judge

           PREHEARING PROCEDURES AND DISCOVERY
               § 164.50    Prehearing Conference and Primary Discovery
               § 164.51    Other Discovery

                              MOTIONS
               § 164.60    Motions

                 SUBPOENAS AND WITNESS FEES
               § 164.70    Subpoenas
               § 164.71    Fees of Witnesses

                           THE HEARINGS
               § 164.80    Order of Proceeding and Burden of Proof
               § 164.81    Evidence
               § 164.82    Transcripts

                INITIAL OR ACCELERATED DECISION
               § 164.90    Initial Decision
               § 164.91    Accelerated Decision

                              APPEALS
               § 164.100    Appeals From or Review of Interlocutory Orders
                          or Rulings
               § 164.101    Appeals From or Review of Initial Decisions
               § 164.102    Appeals From Accelerated Decisions
               § 164.103    Final Decision or Order on Appeal or Review
               § 164.110    Motion for Reopening Hearings; For Rehearing;
                          For  Reargument of any  Proceeding;  or For
                          Reconsideration of Order
        3.3c    General Rules of Practice for  Expedited  Hearings—
                 Subpart  C
               § 164.120    Notification
               § 164.121    Expedited Hearing
               § 164.122    Final Order and Order of Suspension
               §  164.123    Emergency Order

                            AUTHORITY:
               Sec.  6 of the Federal Insecticide, Fungicide, and Rodenticide
              Act,  as amended, 38 Fed. Reg.  8670.

   3.4  Exemption  of  Federal  and State Agencies for Use of  Pesticides
        Under  Emergency  Conditions,  Environmental Protection Agency,
        40 C.F.R. §§ 166.1-166.11 (1973)
               §  166.1      General
              §  166.2      Types of Exemptions

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                         REGULATIONS                           49

            §  166.3     Application for Specific Exemption
            §  166.4     Application for Quarantine—Public  Health Ex-
                       emption
            §  166.5     Procedure  to be Followed  Upon Approval of a
                       Specific Exemption
            §  166.6     Procedure  to be Followed  After Application of
                       a Pesticide Pursuant  to a Quarantine—Public
                       Health Exemption
            §  166.7     Withdrawal of a Specific or Quarantine—Public
                       Health Exemption
            §  166.8     Crises Exemptions—Procedures to  be Followed
            §  166.9     Withdrawal of the Crisis Exemption
            §  166.10    Publication
            §  166.11    Exemption from Penalty Provisions

3.5   Registration of Pesticide-Producing Establishments, Submission of
     Pesticides Reports, and Labeling, Environmental Protection Agency,
     40 C.F.R. §§ 167.1-167.5 (1973)
            §  167.1     Definitions
            §  167.2     Registration Procedures
            §  167.3     Duration of Registration
            §  167.4     Labeling Requirements
            §  167.5     Pesticides Reports

3.6   Rules  of  Practice Governing Proceedings Conducted  in the  As-
     sessment of Civil Penalties Under the  Federal Insecticide, Fungicide,
     and Rodenticide  Act, Environmental  Protection  Agency, 40 C.F.R.
     §§ 168.01-168.55  (1973)
     3.6a    In General—Subpart A
            § 168.01    Scope  of  These   Rules,  Applicability of  the
                       Federal Rules of Civil Procedure
            § 168.02    Use of Number
            § 168.03    Definitions
            § 168.04    Filing and Service
            § 168.05    Time
            § 168.06    Ex parte  Discussion of Proceeding
            § 168.07    Arrangements  for  Examining Agency Records,
                       Transcripts, and Orders
     3.6b   Parties and Appearances—Subpart B
            § 168.20    Appearances
            § 168.21    Intervention
           § 168.22    Consolidation and Severance
           § 168.23    Fees of Witnesses
     3.6c   Prehearing Procedures
           § 168.30    Issuance of Complaint
           § 168.31    Contents of the Complaint
           § 168.32    Motions
           § 168.33    Answer to the Complaint
           § 168.34    Failure to Answer the Complaint
           § 168.35    Informal Settlement and Consent Agreement
           § 168.36    Prehearing Conference

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50             LEGAL  COMPILATION—SUPPLEMENT II

        3.6d   Hearing Procedure
               § 168.40    Scheduling the Hearing
               § 168.41    Duties and Powers of Administrative Law Judge
               § 168.42    Failure to Appear
               § 168.43    Filing and Certification of Transcripts
               § 168.44    Evidence
               § 168.45    Objections and Offers of Proof
               § 168.46    Burden of  Presentation and  Burden of Persua-
                          sion
               § 168.47    Appeal From or Review of Interlocutory Orders
                          and Rulings
               § 168.48    Filings of  Briefs and  Proposed Finds  of  Fact
                          Conclusions of Law and Proposed Order

        3.6e   Post Hearing Procedures—Subpart E
               § 168.50    Initial Decision
               § 168.51    Appeal From or Review of Initial Decisions
               § 168.52    Denial of Appeal
               § 168.53    Final Order
               § 168.54    Motion to Reopen Hearings; to Rehear or Re-
                          argue any Proceedings; or to Reconsider a Final
                          Order
               § 168.55    Procedure for Disposition of Motions

    3.7  Tolerances and Exemptions From Tolerances for Pesticide Chemicals
        In or On Raw  Agricultural Commodity, Environmental  Protection
        Agency, 40 C.F.R. §§ 180.1-180.1027 (1973)

        3.7a   Definitions and Interpretative  Regulations—Subpart A
               § 180.1     Definitions and Interpretations
               § 180.2     Pesticide Chemicals Considered Safe
               § 180.3     Tolerances for Related Pesticide Chemicals
               § 180.4     Certification of Usefulness and Residue Estimate
               § 180.5     Zero Tolerances
               § 180.6     Pesticide  Tolerances  Regarding  Milk, Eggs,
                          Meat, and/or Poultry; Statement of Policy
               Procedural Regulations—Subpart B
               § 180.7     Petitions Proposing  Tolerances  or Exemptions
                          for Pesticide Residues in or on Raw Agricultural
                          Commodities
               § 180.8     Withdrawal of Petitions Without Prejudice
               § 180.9     Substantive Amendments to Petitions

                      ADVISORY COMMITTEES
               § 180.10    Referral of Petition to Advisory Committee
               § 180.11    Appointment of Advisory Committee
               § 180.12    Procedure for Advisory Committee

      PROCEDURE FOR FILING OBJECTIONS AND HOLDING A
                          PUBLIC HEARING
               §  180.13     Objections  to Regulations  and  Requests  for
                          Hearings
               §  180.14     Public Hearing; Notice

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                           REGULATIONS                           51

              § 180.15    Presiding Officer
              § 180.16    Parties; Burden of Proof; Appearances
              § 180.17    Prehearing and Other Conferences
              § 180.18    Submission of Documentary Evidence in Advance
              § 180.19    Excerpts from Documentary Evidence
              § 180.20    Submission and Receipt of Evidence
              § 180.21    Transcript of the Testimony
              § 180.22    Oral and Written Arguments
              § 180.23    Indexing of Record
              § 180.24    Certification of Record
              § 180.25    Filing the Record of the Hearing
              § 180.26    Copies of the Record of the Hearing
              § 180.27    Proposed Order
              § 180.28    Final Order

 ADOPTION OF TOLERANCE  ON INITIATIVE OF COMMISSIONER
OR ON REQUEST OF INTERESTED PERSONS; JUDICIAL REVIEW;
   TEMPORARY TOLERANCES; AMENDMENT AND REPEAL OF
                       TOLERANCES; FEES
              § 180.29    Adoption  of  Tolerance  on  Initiative of Com-
                         missioner  or on Request of an Interested  Person
              § 180.30    Judicial Review
              § 180.31    Temporary Tolerances
              § 180,32    Procedure for Amending and Repealing Toler-
                         ances or Exemptions From Tolerances
              § 180.33    Fees
              § 180.34    Tests on the Amount of Residue Remaining
              § 180.35    Tests for Potentiation
       3.7c    Specific Tolerances—Subpart C
              § 180.101   Specific Tolerances; General  Provisions
              § 180.102   Sesone; Tolerances for Residues
              § 180.103   Captan; Tolerances for Residues
              § 180.104   Heptachlor and Heptachlor Epoxide; Tolerances
                         For Residues
              § 180.105   Demeton;  Tolerances for Residues
              § 180.106   Diuron; Tolerances for Residues
              § 180.107   Aramite; Tolerances for Residues
              § 180.108   RESERVED
              § 180.109   Ethyl  4,4'-dichlorobenzilate;  Tolerances   for
                         Residues
              § 180.110   Maneb; Tolerances for Residues
              § 180.111   Malathion; Tolerances for Residues
              § 180.112   Sulphenone  (p-chlorophenyl  phenyl  sulfone);
                         Tolerances for Residues
              § 180.113   Allethrin  (alJyl homolog of  cinerin I);  Toler-
                         ances  for Residues
              § 180.114   Gerbam; Tolerances for Residues
              § 180.115   Zineb; Tolerances for Residues
              § 180.116   Ziram; Tolerances for Residues
              §  180.117   S-Ethyl  dipropylthiocarbamate;  Tolerances  for
                         Residues

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52             LEGAL  COMPILATION—SUPPLEMENT II

               § 180.118    Dichlone; Tolerances for Residues
               § 180.119    EPN; Tolerances for Residues
               § 180.120    Methoxychlor; Tolerances for Residues
               § 180.121    Parathion or its  Methyl  Homolog;  Tolerances
                           for Residues
               § 180.122    Chlordane; Tolerances for Residues
               § 180.123    Inorganic  Bromides Resulting from Fumigation
                           With Methyl  Bromide; Tolerances for Residues
               § 180.124    Glyodin; Tolerances for Residues
               § 180.125    Calcium Cyanide; Tolerances for Residues
               § 180.126    Inorganic  Bromides Resulting From Soil Treat-
                           ment With Ethylene Dibromide; Tolerances for
                           Residues
               § 180.126a   Inorganic  Bromide residues in Peanut Hay and
                           Peanut Hulls; Statement of Policy
               § 180.127    Piperonly Butoxide; Tolerances for Residues
               § 180.128    Pyrenthrins; Tolerances for Residues
               § 180.129    o-Phenylphenol and its Sodium Salt; Tolerances
                           for Residues
               § 180.130    Hydrogen  Cyanide; Tolerances for Residues
               § 180.131    Endrin; Tolerances for Residues
               § 180.132    Thiram; Tolerances for Residues
               § 180.133    Lindane; Tolerances for Residues
               § 180.134    Ovex;  Tolerances for Residues
               § 180.135    Aldrin; Tolerances for Residues
               § 180.136    Basic  Copper Carbonate;  Tolerances for  Resi-
                           dues
               § 180.137    Dieldrin; Toleranc.es for Residues
               § 180.138    Toxaphene; Tolerances for Residues
               § 180.139    l,l-Dichloro-2,2-bix    (p-ethylphenyl)    ethane;
                           Tolerances for Residues
               § 180.140    BHC;  Tolerances for Residues
               § 180.141    Biphenyl; Tolerances for Residues
               § 180.142    2,4-D; Tolerances for Residues
               § 180.143    Dipropyl   Isocinchomeronate;  Tolerances  for
                           Residues
               § 180.144    Tricyclohexyltin  Hydroxide;  Tolerances  for
                           Residues
               § 180.145    Fluorine Compounds;  Tolerances for Residues
               § 180.146    Inorganic Bromides or Total Combined Bromide
                           Resulting From Fumigation  With Ethylene Di-
                           bromide ; Tolerances for Residues
               § 180.147    DDT;  Tolerances for Residues   *
               § 180.147a   DDT  Residues in  Corn Forage,  Corn   Fodder,
                           Corn Silage, Corn  Stover, and Sweet Corn Can-
                           nery Waste; Statement of Policy and Interpre-
                           tation
               § 180.147b   DDT Residues in Apple Pomace
               § 180.147c  DDT and its  Related  Degradation Products in
                           Milk

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              REGULATIONS                           53

§ 180.148   S-Naphthoxyacetic Acid;  Tolerances for  Resi-
            dues
§ 180.149   Mineral Oil; Tolerances for Residues
§ 180.150   Dalapon;  Tolerances for Residues
§ 180.151   Ethylene  Oxide; Tolerances for Residues
§ 180.152   Sodium   Dimethyldithiocarbamate;   Tolerances
            for Residues
§ 180.153   Tolerances  for  Residues of  0,0-Diethyl  O-(2-
            Isopropyl-4-Methyl-6-Pyrimidinyl)    Phosphoro-
            thiolate
§ 180.154   0,O-Dimethyl S-[4-oxo-l,2,3-benzotriazin-3  (4H)
            yimethyl]  Phosphorodithioate;  Tolerances for
            Residues
§ 180.155   a-Naphthaleneacetic Acid;  Tolerances  for  Resi-
            dues
§ 180.156   Carbophenothion; Tolerances for Residues
§ 180.157   l-Methoxycarbonyl-l-Propen-2-yI       dimethyl-
            phosphate and its  Beta Isomer; Tolerances for
            Residues
§ 180.158   2,4-Dichloro-6-o-chloroanilino-s-triazine;  Toler-
            ances for  Residues
§ 180.159   Sodium Dehydroacetate; Tolerances  for Residues
§ 180.160   Mercaptobenzothiazole; Tolerances for Residues
§ 180.161   Manganous  Dimethyldithiocarbamate;  Toler-
            ances for  Residues
§ 180.162   Tetralodoethylene; Tolerances for Residues
§ 180.163   1,1-Bis   (p-chlorophenyl)-2,2,2-trichloroethanol;
            Tolerances for Residues
§ 180.164   Terpene Polychlorinates;  Tolerances for  Resi-
            dues
§ 180.165   2,4-D Sodium Salt; Tolerances for Residues
§ 180.166   Schradan; Tolerances for Residues
§ 180.167   Nicotine-containing Compounds;  Tolerances for
            Residues
§ 180.167a  Nicotine;  Tolerances for Residues
§ 180.168   Chlorbenside; Tolerances for Residues
§ 180.169   Carbaryl; Tolerances for Residues
§ 180.170   O,O,O',O'-Tetramethyl    O,O'-thiodi-p-phenylene
            Phosphorothioate; Tolerances for Residues
§ 180.171   Dioxathion; Tolerances for Residues
§ 180.172   Diodine; Tolerances for Residues
§ 180.173   Ethion; Tolerances for Residues
§ 180.174   Tetradifon; Tolerances for Residues
§ 180.175   Maleic Hydrazide; Tolerances for Residues
§ 180.176   Coordination Product of  Zinc Ion and Maneb;
            Tolerances for Residues
§ 180.177   Ronnel; Tolerances for Residues
§ 180.178   Ethoxyquin; Tolerances for Residues
§ 180.179   Tartar Emetic; Tolerances for Residues
§ 180.180   Orthoarsenic Acid
§ 180.181   CIPC; Tolerances for Residues

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54             LEGAL COMPILATION—SUPPLEMENT  II

               § 180.182   Endosulfan; Tolerances for Residues
               § 180.183   O,O-Diethyl S-[2-(ethylthio)  ethyl]  Phosphor-
                           odithioSte; Tolerances for Residues
               § 180.184   Linuron; Tolerances for Residues
               § 180.185   Dimethyl   2,3,5,6-tetrachloroterephthaIate;  Tol-
                           erances for Residues
               § 180.186   Tributylphosphorotrithioite; Tolerances for Resi-
                           dues
               § 180.187   TDE  (or  DDD); Tolerances for Residues
               § 180.188   Ammonium Sulfamate; Tolerances for Residues
               § 180.189   Coumaphos; Tolerances for Residues
               § 180.190   Diphenylamine; Tolerances for Residues
               § 180.191   Folpet; Tolerances for Residues
               § 180.192   Calcium Arsenate; Tolerances for Residues
               § 180.193   Copper Arsenate; Tolerances for Residues
               § 180.194   Lead Arsenate; Tolerances for Residues
               § 180.195   Magnesium Arsenate; Tolerances for Residues
               § 180.196   Sodium Arsenate; Tolerances for Residues
               § 180.197   Inorganic  Bromides Resulting From Soil  Treat-
                           ment  With l,2-dibromo-3-chloropropane;  Tol-
                           erances for Residues
               § 180.198   Dimethyl  (2,2,2-trichloro-l-hydroxyethyl) Phos-
                           phonate; Tolerances for Residues
               § 180.199   Inorganic  Bromides Resulting From Soil  Treat-
                           ment With Combinations of Chloropicrin, Methyl
                           Bromide, and Propargyl Bromide; Tolerances for
                           Residues
               § 180.200    2,6-Dichloro-4-nitroaniline;  Tolerances for Resi-
                           dues
               § 180.201    Chlorosulfamic Acid; Tolerances for Residues
               § 180.202    p-Chlorophenoxyacetic   Acid;   Tolerances  for
                           Residues
               §  180.203   2,3,5,6—Tetrachloronitrobenzene;  Tolerances for
                           Residues
               §  180.204    Dimethoate Including its Oxygen  Analog; Tol-
                           erances for Residues
               §  180.205   Paraquat;  Tolerances for Residues
               §  180.206   Phorate; Tolerances for Residues
              '§  180.207    Trifluralin; Tolerances for Residues
              § 180.208   N-Butyl-N-ethyl-a,a,a-trifluoro -2,6-dinitro-p- to-
                          luidine; Tolerances for Residues
              § 180.209   Terbacil; Tolerances for Residues
              § 180.210   Bromacil; Tolerances for Residues
              § 180.211   2—Chloro-N-isopropylacetanilide;    Tolerances
                          for Residues
              § 180.212   S-Ethyl  Cyclohexylethylthiocarbamate;   Toler-
                          ances for Residues
              § 180.213   Simazine; Tolerances for Residues
              § 180.214   Fenthion; Tolerances for Residues
              § 180.215    Naled; Tolerances for Residues
              § 180.216    Chloroxuron; Tolerances for Residues

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              REGULATIONS                           55

§ 180.217   Ammoniates of [ethylenebis-(dithiocarbamato)]
            Zinc  and  Ethylenebis  [dithiocarbamic  acid]
            Bimolecular and  trimolecular  cyclic  anhydro-
            sulfides and disulfides; Tolerances for Residues
§ 180,218   Isopropyl 4,4'-dichlorobeniziate;  Tolerances  for
            Residues
§ 180.219   2,3,5-Triiodobenzoic  Acid; Tolerances for Resi-
            dues
§ 180.220   Atrazine; Tolerances for Residues
§ 180.221   0-Ethyl  S-phenyl ethylphosphonodithioate; Tol-
            erances for  Residues
§ 180.222   2,4-Bis      (isopropylamino) -6-methylthio-s-tria-
            zine; Tolerances for Residues
§ 180.223   2,4-Dichlorophenyl  p-nitrophenyl ether;  Toler-
            ances for Residues
§ 180.224   Gibberellic acid; Tolerances for Residues
§ 180.225   Aluminum Phosphide; Tolerances for Residues
§ 180.226   Diquat; Tolerances for Residues
§ 180.227   Dicamba; Tolerances for Residues
§ 180.228   S-Ethyl   Hexahydro-lH-azepine-1-carbothioate;
            Tolerances for Residues
§ 180.229   Fluometuron; Tolerances for Residues
§ 180.230   Dipeenamid; Tolerances for Residues
§ 180.231   Dichlobenil; Tolerances for Residues
§ 180.232   S-Ethyl diisobutylthiocarbamate; Tolerances  for
            Residues
§ 180.233   0,0-Dimethyl  O-p-(dimethylsulfamoyl)  phenyl
            phosphorothioate Including its Oxygen Analog;
            Tolerances for Residues
§ 180.234   0,0-Diethyl 0-[p(methylsulfinyl) pahnyl] phos-
            phorothioate ; Tolerances for Residues
§ 180.235   2,2-Dichlorovinyl  dimethyl  phosphate;   Toler-
            ances for Residues
§ 180.236   Triphenyltin hydroxide; Tolerances for Residues
§ 180.237   4-(Methylsulfonyl)-     2,6,-dinitro-N,N-dipropy-
            laniline;  Tolerances for Residues
§ 180.238   S-Prophyl butylethylthiocarbamate;  Tolerances
            for Residues
§ 180.239   Phosphamidon; Tolerances for Residues
§ 182.240   S-Propyl dipropylthiocarbamate; Tolerances for
            Residues
§ 180.241   S-(O,0-Diisopropyl  phosphorodithioate)  of  N-
            (2-mer cap to ethyl)  benzensulf onamide;   Toler-
            ances for Residues
§ 180.242   Thiabendazole; Tolerances for Residues
§ 180.243   2-Chloro-4,6-bix (isopropylamino)-striazine;  Tol-
            erances for Residues
§ 180.244   Basic zinc sulfate;  Tolerances for Residues
§ 180.245   Streptomycin; Tolerances for Residues
§ 180.246   Succinic  acid 2,2-dimethylhydrazide;  Tolerances
            for Residues

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56             LEGAL COMPILATION—SUPPLEMENT II

               § 180.247   2-Chloroallyl diethyldithiocarbamate; Tolerances
                           for Residues
               § 180.248   Neodecanoic acid;  Tolerances for Residues
               § 180.249   Alachlor; Tolerances for  Residues
               § 180.250   3- (p-Bromophenyl) -1-methoxy-l-methylurea;
                           Tolerances for  Residues
               § 180.251   Dodecachlorooctahydro-l,3,4-metheno-2H-cyclo-
                           buta  [cd]pentalene; Tolerances for Residues
               § 180.252   2-Chloro-l-(2,4,5-trichlorophenyl) vinyl dimethyl
                           phosphate; Tolerances for Residues
               § 180.253   Methomyl; Tolerances  for Residues
               § 180.254   Carbofuran; Tolerances for  Residues
               § 180.255   m-(l-Methylbutyl)  phenyl methylcarbamate  and
                           m-(lethylpropyl) phenyl methylcarbamate; Tol-
                           erances for Residues
               § 180.256   p-Chlorophenyl  -  2,4,5-trichlorophenyl  sulfide;
                           Tolerances for  Residues
               § 180.257   Chloroneb; Tolerances  for Residues
               § 180.258   2-Ethylamino-4-isopropylamino-6-methylthio-s-
                           triazine; Tolerances for Residues
               § 180.259   Propargite; Tolerances for  Residues
               § 180.260   Norea; Tolerances for Residues
               1 180.261   N-(Mercaptomethyl)phthalimide       S-(0,0-di-
                           methyl  phosphorodithioate)  and  its  oxygen
                           analog; Tolerances for Residues
               § 180.262   O-Ethyl  S,S-dipropylphosphorodithioate;  Toler-
                           ances for Residues
               § 180.263   Phosalone; Tolerances for Residues
               § 180.264   0,O-Diethyl 0-2-pyrazinyl phosphorothioate  and
                           its  oxygen analog; Tolerances for Residues
               § 180.265   2-tert-Butylamino-4-ethylamino-6-methylthio-s-
                           triazine; Tolerances for Residues
               § 180.266   Amiben; Tolerances for Residues
               § 180.267   cis - N -[(l,l,2,2-Tetrachloroethyl)thio]  -4-cyclo-
                           hexene-l,2-dicarboximide;  Tolerances for Resi-
                           dues
               § 180.268   Barban; Tolerances for Residues
               § 180.269   Aldicarb; Tolerances for  Residues
               § 180.270   Benzadox; Tolerances for Residues
               § 180.271   Boron; Tolerances for Residues
               § 180.272   S,S,S-Tributyl   phosphorotrithioate;   Tolerances
                           for Residues
               § 180.273   Trichlorobenzyl chloride;  Tolerances for Resi-
                           dues
               § 180.274   3',4'-Dichloro-propionanilide;   Tolerances   for
                           Residues
               § 180.275   2,4,5,6-Tetrachloroisophthalonitrile;   Tolerances
                           for Residues
                §  180.276   Formetanate hydrochloride;  Tolerances for Resi-
                           dues

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                REGULATIONS                           57

  § 180.277    S-2,3-Dichloroallyl    diisopropylthiocarbonate;
              Tolerances for Residues
  § 180.278    Rhenmendipham;  Tolerances for Residues
  § 180.279    3-(4-Bromo-3-chlorophenyl)-l-methoxy-l-methyl-
              urea;  Tolerances  for Residues
  § 180.280    Dimethyl phosphate of  -a-methyl-benzyl  3-hy-
              droxy-cis-crotinate;  Tolerances  for Residues
  § 180.281    Dinoseb;  Tolerances for  Residues
  § 180.282    2-Chloro-N,N-diallylacetamide;  Tolerances  for
              Residues
  § 180.283    2,3,6-Trichlorophenylacetic acid; Tolerances for
              Residues
  §  180.284    Zinc phrophide; Tolerances for Residues
  §  180.285    Chlordimeform; Tolerances for  Residues
  §  180.286    l-Chloro-2-nitropropane; Tolerances for Residues
  §  180.287    Decachloroactahydro-] ,3,4-metheno-2H-cyclobuta
              [cd] pentalen-2-one;  Tolerances for  Residues
 §  180.288   2-(Thiocyanomethylthio)   benzothiazole;  Toler-
              ances for Residues
 §  180.289   Methanearsonic acid; Tolerances for  Residues
 § 180.290   Fluorodifen; Tolerances for Residues
 § 180.291   Pentachloronitrobenzene;  Tolerances  for Resi-
             dues
 § 180.292   4-Amino-3,5,6-trichlorapicolinic  acid;  Tolerances
            for Residues
 § 180.293   Endothall; Tolerances for Residues
 § 180.294   Benomyl;  Tolerances for Residues
 § 180.295   4-tert-Butyl-2-chlorophenyl methyl  methylphos-
             phoromidate; Tolerances for Residues
 § 180.296   Dimethyl  phosphate  of  3-hydroxy-N-methyl-cis-
             crotonamide;  Tolerances  for Residues
 § 180.297   N-1-Naphthyl  phthalamic acid;  Tolerances  for
             Residues
 § 180.298   0,O-Dimethyl phosphorodi-thioate,  S-ester with
            4-(mercaptomethyl)-2-methoxy;  A2-l>3,4-thiadi-
            azolin-5-one; Tolerances for Residues
 § 180.299   Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-
            cis-crotonamide;  Tolerances for  Residues
 § 180.300   Ethephon; Tolerances for  Residues
 §  180.301   Carboxin;  Tolerances for Residues
 §  180.302   Hexachlorophene;  Tolerances for Residues
 §  180.303   Acetic acid;  Tolerances for Residues
 §  180.304   Oryzalin; Tolerances  for  Residues
 §  180.305   3,4,5-Trimethyl methyl carbamate and 2,3,5- tri-
            methylcarbamate;  Tolerances for Residues
§ 180.306   Cyprazine; Tolerances for Residues
 §  180.307   2-[[4-Chloro-6-(ethylamino)-s-triazin-2yl]-
            amino] =2  methylpropionitrile;  Tolerances  for
            Residues

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58             LEGAL COMPILATION—SUPPLEMENT II

               § 180.308   0,0-Diethyl  0-(2-diethylamino-6-methyl-4-pyri-
                           midinyl) phasphorothioate and its oxygen ana-
                           log; Tolerances for  Residues
               § 180.309   a-Naphthaleneacetamide;  Tolerances  for  Resi-
                           dues
               § 180.310   Sodium trichloroacetate; Tolerances for Residues
               § 180.311   Cacodylic acid;  Tolerances for Residues
               § 180.312   4-Aminopyridine;  Tolerances for Residues
               § 180.313   Isopropalin;  Tolerances for Residues
               § 180.314   S-2,3,3-Trichloroallyl dusopropylthio-carbamate;
                           Tolerances for  Residues
               § 180.315   O,S-Dimethyl phosphoramidothioate; Tolerances
                           for Residues
               § 180.316   Pyrazon; Tolerances for Residues
               § 180.317   3,5-DichIoro-N-(l,l,   dimethyl-2-propynyl) ben-
                           zamide; Tolerances  for Residues
               § 180.318   4-(2-Methyl-4-chlorophenoxy)butyric acid; Toler-
                           ances for Residues
               § 180.319   Interim tolerances
               § 180.319a  BHC;  Interim  Tolerances for Residues
               § 180.320   Isobuytric  acid; Tolerances for Residues
               § 180.321   sec-Buthylamine;  Tolerances for Residues
               § 180.322   2-Chloro-l-(2,4-dichlorophenyl)   vinyl   diethyl
                           phosphate; Tolerances  for Residues
               § 180.323   2(sec-Butylamino)-4-ethyl-amino-6-methoxy-s-
                           triazine; Tolerances for Residues
               § 180.324   Bromoxymil; Tolerances  for  Residues
                                                               t
               § 180.325   2-(m-Chlorophenoxy-propionic  acid;  Tolerances
                           for Residues
               § 180.326   Dialifor; Tolerances for  Residues
               § 180.327   N2N2-Diethyl-2,4-dinitro-6-trifluoromethyl-l-l,3-
                           phenylene-diamine;  Tolerances for Residues
               § 180.328   2-20(a-Naphthoxy)-N,N-diethylpropionamide;
                           Tolerances for  Residues
               § 180.329   2-Ethylthio-4,6    bix(isopropylamine)-s-triazine;
                           Tolerances for  Residues
               § 180.330   S-[2-Ethylsulnnyl)ethyl]0,0-dimethyl phosphor-
                           othioate; Tolerances for Residues
               § 180.331   4-(2,4-Dichlorophenoxy) butyric acid; Tolerances
                           for Residues
               § 180.332   4-Amino-6-tert-butyl 3-(Methylthio)-as-triazme-
                           5-(4H)-one;  Tolerances  for  Residues
               § 180.333   2-tert-Butylamino-4-chloro-6-ethylamino-s-tri-
                           azine;   Tolerances for Residues
               § 180.334   Potassium  arsenite; Tolerances for Residues
               § 180.335   Sodium  arsenite;  Tolerances for Residues
               § 180.336   Cycloheximide;  Tolerances for Residues
               § 180.339   2-methyl-4-chlorophenoxyacetic acid;  Tolerances
                           for Residues

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                    REGULATIONS                          59

       §  180.341   2,4-Dinitro-6-octyphenyl  crotonate and 2,6-dini-
                  tro-4 octylphenyl crotonate; Tolerance for Resi-
                  dues
       §  180.343   Ethiolate; Tolerance for Residues
3.7d    Exemptions From Tolerances—Subpart D
       §  180.1001  Exemptions  From the Requirement  of a  Toler-
                  ance
       §  180.1002  Allethrin (allyl homolog of cinerin I); ethylene
                  dibromide; Exemption From the Requirement of
                  a Tolerance
       §  180.1003  Ammonia; Exemption From the Requirement of
                  a Tolerance
       §  180.1004  Carbon Bisulfide; Exemption From the Require-
                  ment of a Tolerance
       §  180.1005  Carbon tetrachloride;  Exemption From the Re-
                  quirement of a Tolerance
       §  180.1006  Organic  Bromide  Residues;  Exemption  From
                  the Requirement of a Tolerance
       §  180.1007  Ethylene dichloride;  Exemption  From  the Re-
                  quirement of a Tolerance
       § 180.1008  Chloropicrin; Exemption From the Requirement
                  of a  Tolerance
      § 180.1009  Chloroform;  Exemption From  the Requirement
                  of a  Tolerance
      § 180.1011  Viable  Spores  of  the Microorganism Bacillus
                  thuringiensis Berliner; Exemption From the Re-
                  quirement of a Tolerance
      § 180.1012  1,1,1-Trichloroethane; Exemption  From the Re-
                  quirement of a  Tolerance
      § 180.1013   Sulfur  Dioxide  From use  in Fumigants  for
                  Stored Grains; Exemption From  the  Require-
                  ment  of  a Tolerance
      § 180.1014   Pentane;  Exemption From the Requirement of
                  a Tolerance
      § 180.1016  Ethylene; Exemption  From the Requirement of
                 a Tolerance
      § 180.1017  Diatomaceous earth; Exemption From the Re-
                 quirement of a Tolerance
      § 180.1018  Ammonium nitrate;  Exemption From  the Re-
                 quirement of  a Tolerance
      § 180.1019  Sulfuric  acid; Exemption  From the  Require-
                 ment of a Tolerance
      § 180.1020  Sodium chlorate; Exemption From the Require-
                 ment of a Tolerance
      § 180.1025  Xylene; Exemption From the Requirement of a
                 Tolerance
      § 180.1026  N,N-Diallyl dichloroacetamide;  Exemption From
                 the Requirement of a Tolerance
      § 180.1027  Nuclear polyhedrosis virus of Heliothis zea; Ex-
                 emption From the Requirement of a Tolerance

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60
      LEGAL COMPILATION—SUPPLEMENT II
    3.8  Agricultural Aircraft Operations, Federal Aviation Administration,
        14 C.F.R. §§ 137.1-137.77 (1968)
        3.8a   General—Subpart A
               § 137.1      Applicability
               § 137.3      Definition of Terms
               Certification Rules—Subpart B
3.8b
        3.8c
         3.8d
               § 137.11
               § 137.15
               § 137.17
               § 137.19
               § 137.21
                  Certification  Required
                  Application for  Certificate
                  Amendment of Certificate
                  Certification  Requirements
                  Duration  of  Certificate
       Operating Rules—Subpart C
               § 137.29
               § 137.31
               § 137.33
               § 137.35

               § 137.37
               § 137.39
               § 137.41
               § 137.43
               § 137.45
               § 137.47
               § 137.48
               § 137.51
               § 137.53

                 137.55
                                          Agricultural Aircraft
General
Aircraft Requirements
Carrying of Certificate
Limitation  on  Private
Operator
Manner of Dispensing
Economic Poison Dispensing
Personnel
Airport Traffic Areas and Control Zones
Non-Observance of Airport Traffic Pattern
Operation Without Position  Lights
Operation Over Other Than Congested Areas
Operation Over Congested Areas; General
Operation  Over  Congested  Areas;  Pilots  and
Aircraft
Business Name:  Commercial  Agricultural Air-
craft Operator
Availability of Certificate
Inspection  Authority
       § 137.57
       § 137.59
       Records and Reports—Subpart D
       § 137.71    Records:   Commercial
                  Operator
       § 137.75    Change of Address
       § 137.77    Termination  of Operations
                                                  Agricultural  Aircraft

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Guidelines
      and
   Reports

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                   GUIDELINES AND REPORTS                  63
4.  Guidelines and Reports
                     [No updated material]
                       U. S. GOVERNMENT PRINTING OFFICE : 1974 O - 548-1496

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