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7 U.S.C. § 136b — Transferred
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act June 25, 1947, ch. 125, § 4, as added Oct. 21, 1972, Pub. L. 92–516, § 2, 86 Stat. 983; amended Nov. 28, 1975, Pub. L. 94–140, §§ 5, 11, 89 Stat. 753, 754; Sept. 30, 1978, Pub. L. 95–396, § 9, 92 Stat. 827; Oct. 25, 1988, Pub. L. 100–532, title VIII, § 801(c), (q)(1)(A), (B), 102 Stat. 2681, 2683, which related to use of restricted use pesticides and certification of applicators, was transferred to subsecs. (a) to (c) of section 11 of act June 25, 1947, by section 801(q)(1)(A) of Pub. L. 100–532 and is classified to section 136i(a) to (c) of this title.
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Source location: Title 7, Chapter 6, § 136b; chapter-006-insecticides-and-environmental-pesticide-control.md
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### Statutory Notes
#### Codification
Section, act June 25, 1947, ch. 125, § 4, as added Oct. 21, 1972, Pub. L. 92–516, § 2, 86 Stat. 983; amended Nov. 28, 1975, Pub. L. 94–140, §§ 5, 11, 89 Stat. 753, 754; Sept. 30, 1978, Pub. L. 95–396, § 9, 92 Stat. 827; Oct. 25, 1988, Pub. L. 100–532, title VIII, § 801(c), (q)(1)(A), (B), 102 Stat. 2681, 2683, which related to use of restricted use pesticides and certification of applicators, was transferred to subsecs. (a) to (c) of section 11 of act June 25, 1947, by section 801(q)(1)(A) of Pub. L. 100–532 and is classified to section 136i(a) to (c) of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** The Administrator shall reregister, in accordance with this section, each registered pesticide containing any active ingredient contained in any pesticide first registered before November 1, 1984, except for any pesticide as to which the Administrator has determined, after November 1, 1984, and before the effective date of this section, that—
(1) there are no outstanding data requirements; and
(2) 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) have been satisfied.
**(b) Reregistration phases** Reregistrations of pesticides under this section shall be carried out in the following phases:
(1) The first phase shall include the listing under subsection (c) of the active ingredients of the pesticides that will be reregistered.
(2) The second phase shall include the submission to the Administrator under subsection (d) of notices by registrants respecting their intention to seek reregistration, identification by registrants of missing and inadequate data for such pesticides, and commitments by registrants to replace such missing or inadequate data within the applicable time period.
(3) The third phase shall include submission to the Administrator by registrants of the information required under subsection (e).
(4) The fourth phase shall include an independent, initial review by the Administrator under subsection (f) of submissions under phases two and three, identification of outstanding data requirements, and the issuance, as necessary, of requests for additional data.
(5) The fifth phase shall include the review by the Administrator under subsection (g) of data submitted for reregistration and appropriate regulatory action by the Admi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification procedure**
(1) **Federal certification** — In any State for which a State plan for applicator certification has not been approved by the Administrator, the Administrator, in consultation with the Governor of such State, shall conduct a program for the certification of applicators of pesticides. Such program shall conform to the requirements imposed upon the States under the provisions of subsection (a)(2) of this section and shall not require private applicators to take any examination to establish competency in the use of pesticides. Prior to the implementation of the program, the Administrator shall publish in the Federal Register for review and comment a summary of the Federal plan for applicator certification and shall make generally available within the State copies of the plan. The Administrator shall hold public hearings at one or more locations within the State if so requested by the Governor of such State during the thirty days following publication of the Federal Register notice inviting comment on the Federal plan. The hearings shall be held within thirty days following receipt of the request from the Governor. In any State in which the Administrator conducts a certification program, the Administrator may require any person engaging in the commercial application, sale, offering for sale, holding for sale, or distribution of any pesticide one or more uses of which have been classified for restricted use to maintain such records and submit such reports concerning the commercial application, sale, or distribution of such pesticide as the Administrator may by regulation prescribe. Subject to paragraph (2), the Administrator shall prescribe standards for the certification of applicators of pesticides. Such standards shall provide that to be c
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Federal law — U.S. Code and appendices · legal_authorities
Page 243
TITLE 7—AGRICULTURE
§ 136c
tion] (including the amendments made by this section)
and a joint resolution making continuing appropria-
tions for fiscal year 2013 (including any amendments
made by such a joint resolution), this section and the
amendments made by this section shall control.’’
ADJUSTMENT OF MAXIMUM ANNUAL FEE PAYABLE BY
PESTICIDE REGISTRANTS
Pub. L. 108–11, title II, Apr. 16, 2003, 117 Stat. 603, pro-
vided that: ‘‘Within 30 days of enactment of this Act
[Apr. 16, 2003], the Administrator of the Environmental
Protection Agency shall adjust each ‘maximum annual
fee payable’ pursuant to 7 U.S.C. 136a–1(i)(5)(D) and (E)
in a manner such that maintenance fee collections
made to reach the level authorized in division K of Pub-
lic Law 108–7 [see Tables for classification] shall be es-
tablished in the same proportion as those maintenance
fee collections authorized in Public Law 107–73 [see Ta-
bles for classification].’’
§ 136b. Transferred
Editorial Notes
CODIFICATION
Section, act June 25, 1947, ch. 125, § 4, as added Oct. 21,
1972, Pub. L. 92–516, § 2, 86 Stat. 983; amended Nov. 28,
1975, Pub. L. 94–140, §§ 5, 11, 89 Stat. 753, 754; Sept. 30,
1978, Pub. L. 95–396, § 9, 92 Stat. 827; Oct. 25, 1988, Pub.
L. 100–532, title VIII, § 801(c), (q)(1)(A), (B), 102 Stat.
2681, 2683, which related to use of restricted use pes-
ticides and certification of applicators, was transferred
to subsecs. (a) to (c) of section 11 of act June 25, 1947,
by section 801(q)(1)(A) of Pub. L. 100–532 and is classi-
fied to section 136i(a) to (c) of this title.
§ 136c. Experimental use permits
(a) Issuance
Any person may apply to the Administrator
for an experimental use permit for a pesticide.
An application for an experimental use permit
for a covered
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