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7 U.S.C. § 136k — Stop sale, use, removal, and seizure

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

7 U.S.C. § 136k — Stop sale, use, removal, and seizure

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Stable record: federal_law:legal_authorities:record_usc_2291579fda05c7479292467a
Source file: Laws/federal/codes/united-states-code/title-7/section-136k-stop-sale-use-removal-and-seizure--b9fc856bcd.md
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Source location: Title 7, Chapter 6, § 136k; chapter-006-insecticides-and-environmental-pesticide-control.md

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**(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 transported 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 found and seized for confiscation by a process in rem for condemnation if— (1) in the case of a pesticide— (A) it is adulterated or misbranded; (B) it is not registered pursuant to the provisions of [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim); (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 required 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 representations 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 subchapter and as directed by the labeling, it nevertheless causes unreasonable adverse effects on the environment. In the case of a plant regulator, defoliant, or desiccant, used in accordance with the label claims and recommendations, physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when such effects are the purpose for which the plant regulator, defoliant, or desiccant was applied. **(c) Disposition after condemnation** If the pesticide or device is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs, shall be paid into the Treasury of the United States, but the pesticide or device shall not be sold contrary to the provisions of this subchapter or the laws of the jurisdiction in which it is sold. On payment of the costs of the condemnation proceedings and the execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be sold or otherwise disposed of contrary to the provisions of the 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 condemnation cases shall conform, as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States. **(d) Court costs, etc.** When a decree of condemnation is entered against the pesticide or device, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide or device.

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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. § 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.

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

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

7 U.S.C. § 136e — Registration of establishments

**(a) Requirement** No person shall produce any pesticide subject to this subchapter or active ingredient used in producing a pesticide subject 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), the Administrator 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 pesticides and, if applicable, active ingredients used in producing pesticides— (A) which the producer is currently producing; (B) which the producer has produced during the past year; and (C) which the producer has sold or distributed during the past year. The information required by this paragraph shall be kept current and submitted to the Administrator annually as required under such regulations as the Administrator may prescribe. (2) Any such producer shall, upon the request of the Administrator for the purpose of issuing a stop sale order pursuant to [section 136k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136k&num=0&edition=prelim), inform the Administrator of the name and address of any recipient of any pesticide produced in any registered establishment which the producer operates. **(d) Confidential records and information** Any information submitted to the Administrator pursuant to subsection (c) other th

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

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

7 U.S.C. § 136j — Unlawful acts

**(a) In general** (1) Except as provided by subsection (b), it shall be unlawful for any person in any State to distribute or sell to any person— (A) any pesticide that is not registered under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim) or whose registration has been canceled or suspended, except to the extent that distribution or sale otherwise has been authorized by the Administrator under this subchapter; (B) any registered pesticide if any claims made for it as a part of its distribution or sale substantially differ from any claims made for it as a part of the statement required in connection with its registration under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim); (D) any pesticide which has not been colored or discolored pursuant to the provisions of [section 136w(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136w/c/5&num=0&edition=prelim); (E) any pesticide which is adulterated or misbranded; or (F) any device which is misbranded. (2) It shall be unlawful for any person— (A) to detach, alter, deface, or destroy, in whole or in part, any labeling required under this subchapter; (B) to refuse to— (i) prepare, maintain, or submit any records required by or under section 136c, 136e, 136f

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

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

7 U.S.C. § 136k — Stop sale, use, removal, and seizure

Page 257 TITLE 7—AGRICULTURE § 136k AMENDMENTS 1991—Subsec. (a)(2)(C). Pub. L. 102–237, § 1006(b)(3)(L), substituted ‘‘the person’s’’ for ‘‘his’’ and ‘‘the person’’ for ‘‘he’’ before ‘‘received’’. Subsec. (a)(2)(D). Pub. L. 102–237, § 1006(b)(3)(M), sub- stituted ‘‘the person’s’’ for ‘‘his’’. Subsec. (a)(2)(F). Pub. L. 102–237, § 1006(a)(7)(A), sub- stituted ‘‘thereunder, except that it’’ for ‘‘thereunder. It’’. Subsec. (a)(2)(O). Pub. L. 102–237, § 1006(a)(7)(B), struck out ‘‘or’’ after semicolon at end. Subsec. (a)(2)(P). Pub. L. 102–237, § 1006(a)(7)(C), sub- stituted a semicolon for period at end. Subsec. (b)(1). Pub. L. 102–237, § 1006(b)(3)(N), sub- stituted ‘‘the person’’ for ‘‘he’’ after ‘‘from whom’’ and for ‘‘him’’ after ‘‘delivery to’’. Subsec. (b)(3). Pub. L. 102–237, § 1006(b)(3)(O), sub- stituted ‘‘the official duties of the public official’’ for ‘‘his official duties’’. 1988—Subsec. (a)(1). Pub. L. 100–532, § 601(b)(2)(A), in introductory provisions, substituted ‘‘distribute or sell to any person’’ for ‘‘distribute, sell, offer for sale, hold for sale, ship, deliver for shipment, or receive and (hav- ing so received) deliver or offer to deliver, to any per- son’’. Subsec. (a)(1)(A). Pub. L. 100–532, § 603(1), added sub- par. (A) and struck out former subpar. (A) which read as follows: ‘‘any pesticide which is not registered under section 136a of this title, except as provided by section 136d(a)(1) of this title;’’. Subsec. (a)(2)(B). Pub. L. 100–532, § 603(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘to refuse to keep any records required pursuant to section 136f of this title, or to refuse to allow inspection of any records or establishment pursu- ant to section 136f or 136g of this title,

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 136k

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