THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Lew Statutes and Legislative History Executive Orders Regulations Guidelines and Reports Supplement II Volume I Pesticides ------- For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, B.C. 20402 - Price 80 cents Stock Number 5500-00126 ------- 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 ------- 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 ------- 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 ------- ------- 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 ------- 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. ------- 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. ------- ------- 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 ------- ------- Statutes and Legislative History ------- ------- 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. ------- 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- ------- 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— ------- 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- ------- 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- ------- 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, ------- 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 ------- 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). ------- 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.— ------- 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- ------- 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- ------- 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- ------- 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 ------- 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- ------- 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 ------- 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. ------- 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- ------- 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. ------- 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 ------- 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- ------- 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- ------- 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; ------- 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 ------- 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 ------- 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 ------- 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, ------- 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 ------- 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 ------- 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. ------- 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- ------- 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. ------- 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. ------- 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- ------- 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- ------- 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] ------- Executive Orders ------- EXECUTIVE ORDERS 41 2. Executive Orders [No updated material] ------- Regulations ------- 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 ------- 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 ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- Guidelines and Reports ------- GUIDELINES AND REPORTS 63 4. Guidelines and Reports [No updated material] U. S. GOVERNMENT PRINTING OFFICE : 1974 O - 548-1496 ------- |