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7 U.S.C. § 136m — Indemnities

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

7 U.S.C. § 136m — Indemnities

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

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Stable record: federal_law:legal_authorities:record_usc_282fb553ea2edf475f63e2cc
Source file: Laws/federal/codes/united-states-code/title-7/section-136m-indemnities--11e335eb82.md
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Source location: Title 7, Chapter 6, § 136m; chapter-006-insecticides-and-environmental-pesticide-control.md

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**(a) General indemnification** (1) **In general** — Except as otherwise provided in this section, if— (A) the Administrator notifies a registrant under [section 136d(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/c/1&num=0&edition=prelim) that the Administrator intends to suspend a registration or that an emergency order of suspension of a registration under [section 136d(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/c/3&num=0&edition=prelim) has been issued; (B) the registration in question is suspended under [section 136d(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/c&num=0&edition=prelim), and thereafter is canceled under section 136d(b), 136d(d), or 136d(f) of this title; and (C) any person who owned any quantity of the pesticide immediately before the notice to the registrant under subparagraph (A) suffered losses by reason of suspension or cancellation of the registration; the Administrator shall make an indemnity payment to the person. (2) **Exception** — Paragraph (1) shall not apply if the Administrator finds that the person— (A) had knowledge of facts that, in themselves, would have shown that the pesticide did not meet the requirements of [section 136a(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a/c/5&num=0&edition=prelim) for registration; and (B) continued thereafter to produce the pesticide without giving timely notice of such facts to the Administrator. (3) **Report** — If the Administrator takes an action under paragraph (1) that requires the payment of indemnification, the Administrator shall report to the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate on— (A) the action taken that requires the payment of indemnification; (B) the reasons for taking the action; (C) the estimated cost of the payment; and (D) a request for the appropriation of funds for the payment. (4) **Appropriation** — The Administrator may not make a payment of indemnification under paragraph (1) unless a specific line item appropriation of funds has been made in advance for the payment. **(b) Indemnification of end users, dealers, and distributors** (1) **End users** — If— (A) the Administrator notifies a registrant under [section 136d(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/c/1&num=0&edition=prelim) that the Administrator intends to suspend a registration or that an emergency order of suspension of a registration under [section 136d(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/c/3&num=0&edition=prelim) has been issued; (B) the registration in question is suspended under [section 136d(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/c&num=0&edition=prelim), and thereafter is canceled under section 136d(b), 136d(d), or 136d(f) of this title; and (C) any person who, immediately before the notice to the registrant under subparagraph (A), owned any quantity of the pesticide for purposes of applying or using the pesticide as an end user, rather than for purposes of distributing or selling it or further processing it for distribution or sale, suffered a loss by reason of the suspension or cancellation of the pesticide; (2) **Dealers and distributors** (A) Any registrant, wholesaler, dealer, or other distributor (hereinafter in this paragraph referred to as a “seller”) of a registered pesticide who distributes or sells the pesticide directly to any person not described as an end user in paragraph (1)(C) shall, with respect to any quantity of the pesticide that such person cannot use or resell as a result of the suspension or cancellation of the pesticide, reimburse such person for the cost of first acquiring the pesticide from the seller (other than the cost of transportation, if any), unless the seller provided to the person at the time of distribution or sale a notice, in writing, that the pesticide is not subject to reimbursement by the seller. (B) If— (i) the Administrator notifies a registrant under [section 136d(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/c/1&num=0&edition=prelim) that the Administrator intends to suspend a registration or that an emergency order of suspension of a registration under [section 136d(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/c/3&num=0&edition=prelim) has been issued; (ii) the registration in question is suspended under [section 136d(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/c&num=0&edition=prelim), and thereafter is canceled under section 136d(b), 136d(d), or 136d(f) of this title; (iii) any person who, immediately before the notice to the registrant under clause (i)— (I) had not been notified in writing by the seller, as provided under subparagraph (A), that any quantity of the pesticide owned by such person is not subject to reimbursement by the seller in the event of suspension or cancellation of the pesticide; and (II) owned any quantity of the pesticide for purposes of— (aa) distributing or selling it; or (bb) further processing it for distribution or sale directly to an end user; suffered a loss by reason of the suspension or cancellation of the pesticide; and (iv) the Administrator determines on the basis of a claim of loss submitted to the Administrator by the person, that the seller— (I) did not provide the notice specified in subparagraph (A) to such person; and (II) is and will continue to be unable to provide reimbursement to such person, as provided under subparagraph (A), for the loss referred to in clause (iii), as a result of the insolvency or bankruptcy of the seller and the seller’s resulting inability to provide such reimbursement; the person shall be entitled to an indemnity payment under this subsection for such quantity of the pesticide. (C) If an indemnity payment is made by the United States under this paragraph, the United States shall be subrogated to any right that would otherwise be held under this paragraph by a seller who is unable to make a reimbursement in accordance with this paragraph with regard to reimbursements that otherwise would have been made by the seller. (3) **Source** — Any payment required to be made under paragraph (1) or (2) shall be made from the appropriation provided under [section 1304 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1304&num=0&edition=prelim). (4) **Administrative settlement** — An administrative settlement of a claim for such indemnity may be made in accordance with the third paragraph of [section 2414 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2414&num=0&edition=prelim) and shall be regarded as if it were made under that section for purposes of [section 1304 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1304&num=0&edition=prelim). **(c) Amount of payment** (1) **In general** — The amount of an indemnity payment under subsection (a) or (b) to any person shall be determined on the basis of the cost of the pesticide owned by the person (other than the cost of transportation, if any) immediately before the issuance of the notice to the registrant referred to in subsection (a)(1)(A), (b)(1)(A), or (b)(2)(B)(i), except that in no event shall an indemnity payment to any person exceed the fair market value of the pesticide owned by the person immediately before the issuance of the notice. (2) **Special rule** — Notwithstanding any other provision of this subchapter, the Administrator may provide a reasonable time for use or other disposal of the pesticide. In determining the quantity of any pesticide for which indemnity shall be paid under this section, proper adjustment shall be made for any pesticide used or otherwise disposed of by the owner.

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

28 U.S.C. § 2414 — Payment of judgments and compromise settlements

Except as provided by chapter 71 of title 41, payment of final judgments rendered by a district court or the Court of International Trade against the United States shall be made on settlements by the Secretary of the Treasury. Payment of final judgments rendered by a State or foreign court or tribunal against the United States, or against its agencies or officials upon obligations or liabilities of the United States, shall be made on settlements by the Secretary of the Treasury after certification by the Attorney General that it is in the interest of the United States to pay the same.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2414

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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

31 U.S.C. § 1304 — Judgments, awards, and compromise settlements

**(a)** Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when— (1) payment is not otherwise provided for; (2) payment is certified by the Secretary of the Treasury; and (3) the judgment, award, or settlement is payable— (A) under section 2414, 2517, 2672, or 2677 of title 28; (B) under [section 3723 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3723&num=0&edition=prelim); (C) under a decision of a board of contract appeals; or (D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733, 2733a, or 2734 of title 10, [section 715 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section715&num=0&edition=prelim), or [section 20113 of title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section20113&num=0&edition=prelim). **(b)** (1) Interest may be paid from the appropriation made by this section— (A) on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government, and then only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance; or (B) on a judgment of the Court of Appeals for the Federal Circuit or the United States Court of Federal Claims under [section 2516(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2516/b&num=0&edition=prelim), only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before t

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1304

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

7 U.S.C. § 136m — Indemnities

Page 259 TITLE 7—AGRICULTURE § 136m sion, or failure of such person as well as that of the person employed. (June 25, 1947, ch. 125, § 14, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 992; amended Pub. L. 95–396, § 17, Sept. 30, 1978, 92 Stat. 832; Pub. L. 100–532, title VI, § 604, Oct. 25, 1988, 102 Stat. 2678; Pub. L. 102–237, title X, § 1006(a)(8), Dec. 13, 1991, 105 Stat. 1895.) Editorial Notes AMENDMENTS 1991—Subsec. (a)(2). Pub. L. 102–237 substituted ‘‘, except that’’ for ‘‘: Provided, That’’ and ‘‘uses’’ for ‘‘use’’. 1988—Subsec. (b)(1). Pub. L. 100–532 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who knowingly 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.’’ 1978—Subsec. (a)(2). Pub. L. 95–396, § 17(1), authorized assessment of a civil penalty of not more than $500 for a first offense and not more than $1,000 for each subse- quent offense against any applicator providing a serv- ice of controlling pests for violations of this sub- chapter. Subsec. (a)(3). Pub. L. 95–396, § 17(2), struck out provi- sion respecting certain considerations when deter- mining amount of penalty, now covered in par. (4). Subsec. (a)(4). Pub. L. 95–396, § 17(4), reenacted second sentence of par. (3) as par. (4) and authorized Adminis- trator to issue a warning in lieu of assessing a penalty. Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 95–396, § 17(3), redesignated former par. (4) as (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 1

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

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