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7 U.S.C. § 136p — Exemption of Federal and State agencies

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136p — Exemption of Federal and State agencies

The Administrator may, at the Administrator’s discretion, exempt any Federal or State agency from any provision of this subchapter if the Administrator determines that emergency conditions exist which require such exemption. The Administrator, in determining whether or not such emergency conditions exist, shall consult with the Secretary of Agriculture and the Governor of any State concerned if they request such determination.

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Stable record: federal_law:legal_authorities:record_usc_20bc68790cbcd981ff40daa9
Source file: Laws/federal/codes/united-states-code/title-7/section-136p-exemption-of-federal-and-state-agencies--f9ae7153e2.md
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Source location: Title 7, Chapter 6, § 136p; chapter-006-insecticides-and-environmental-pesticide-control.md

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The Administrator may, at the Administrator’s discretion, exempt any Federal or State agency from any provision of this subchapter if the Administrator determines that emergency conditions exist which require such exemption. The Administrator, in determining whether or not such emergency conditions exist, shall consult with the Secretary of Agriculture and the Governor of any State concerned if they request such determination.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 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, desiccant, or nitrogen stabilizer, an ingredient which will prevent, destroy, repel, or mitigate any pest; (2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof; (3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; (4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue; and (5) in the case of a nitrogen stabilizer, an ingredient which will prevent or hinder the process of nitrification, denitrification, ammonia volatilization, or urease production through action affecting soil bacteria. **(b) Administrator** The term “Administrator” means the Administrator of the Environmental Protection Agency. **(c) Adulterated** The term “adulterated” applies to any pesticide if— (1) its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold; (2) any substance has been substituted wholly or in part for the pesticide; or (3) any valuable constituent of the pesticide has been wholly or in part abstracted. **(d) Animal** The term “animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. **(e) Certified applicator, etc.** (1) **Certified applicator** — The term “certified applicator” means any individual who is certified under [section 136i of this title](https://uscode.house.gov/view.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 346a — Tolerances and exemptions for pesticide chemical residues

**(a) Requirement for tolerance or exemption** (1) **General rule** — Except as provided in paragraph (2) or (3), any pesticide chemical residue in or on a food shall be deemed unsafe for the purpose of [section 342(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section342/a/2/B&num=0&edition=prelim) unless— (A) a tolerance for such pesticide chemical residue in or on such food is in effect under this section and the quantity of the residue is within the limits of the tolerance; or (B) an exemption from the requirement of a tolerance is in effect under this section for the pesticide chemical residue. For the purposes of this section, the term “food”, when used as a noun without modification, shall mean a raw agricultural commodity or processed food. (2) **Processed food** — Notwithstanding paragraph (1)— (A) if a tolerance is in effect under this section for a pesticide chemical residue in or on a raw agricultural commodity, a pesticide chemical residue that is present in or on a processed food because the food is made from that raw agricultural commodity shall not be considered unsafe within the meaning of [section 342(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section342/a/2/B&num=0&edition=prelim) despite the lack of a tolerance for the pesticide chemical residue in or on the processed food if the pesticide chemical has been used in or on the raw agricultural commodity in conformity with a tolerance under this section, such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of the pesticide chemical residue in the processed food is not greater than the tolerance prescrib

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136a — Registration of pesticides

**(a) Requirement of registration** Except as provided by this subchapter, no person in any State may distribute or sell to any person any pesticide that is not registered under this subchapter. To the extent necessary to prevent unreasonable adverse effects on the environment, the Administrator may by regulation limit the distribution, sale, or use in any State of any pesticide that is not registered under this subchapter and that is not the subject of an experimental use permit under [section 136c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136c&num=0&edition=prelim) or an emergency exemption under [section 136p of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136p&num=0&edition=prelim). **(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 producer solely for packaging at the second establishment or for use as a constituent part of another pesticide produced at the second establishment; or (2) the transfer is pursuant to and in accordance with the 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 labeling; (B) the name of the pesticide; (C) a complete copy of the labeling of the pesticide, a statement of all claims to be made for it, and any directions for its use; (D) the complete formula of the pesticide; (E) a request that the pesticide be classi

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136a

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136p — Exemption of Federal and State agencies

Page 263 TITLE 7—AGRICULTURE § 136q 1991—Subsec. (a). Pub. L. 102–237, § 1006(a)(9), removed last sentence from par. (2) and placed it as a full meas- ure sentence under par. (2). Subsec. (c). Pub. L. 102–237, § 1006(b)(2), substituted ‘‘the Administrator’s’’ for ‘‘his’’. 1988—Subsec. (c). Pub. L. 100–532 substituted ‘‘pre- scribe. The Secretary’’ for ‘‘prescribe: Provided, That the Secretary’’ and ‘‘bond. All’’ for ‘‘bond: And provided further, That all’’. 1978—Subsec. (a). Pub. L. 95–396, § 18(a)(1), amended subsec. (a) generally. Subsec. (b). Pub. L. 95–396, § 18(a)(2), inserted sentence at end relating to information to be included in notifi- cation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100–532, set out as a note under section 136 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–396, § 18(b), Sept. 30, 1978, 92 Stat. 833, pro- vided that: ‘‘The amendment made by subsection (a)(1) of this section [amending this section] shall become ef- fective one hundred and eighty days after the date of enactment of this Act [Sept. 30, 1978].’’ EFFECTIVE DATE For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title. § 136p. Exemption of Federal and State agencies The Administrator may, at the Administra- tor’s discretion, exempt any Federal or State agency from any pro

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