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7 U.S.C. § 136w–1 — State primary enforcement responsibility
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For the purposes of this subchapter, a State shall have primary enforcement responsibility for pesticide use violations during any period for which the Administrator determines that such State—
(1) has adopted adequate pesticide use laws and regulations, except that the Administrator may not require a State to have pesticide use laws that are more stringent than this subchapter;
(2) has adopted and is implementing adequate procedures for the enforcement of such State laws and regulations; and
(3) will keep such records and make such reports showing compliance with paragraphs (1) and (2) of this subsection as the Administrator may require by regulation.
**(b) Special rules** Notwithstanding the provisions of subsection (a) of this section, any State that enters into a cooperative agreement with the Administrator under [section 136u of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136u&num=0&edition=prelim) for the enforcement of pesticide use restrictions shall have the primary enforcement responsibility for pesticide use violations. Any State that has a plan approved by the Administrator in accordance with the requirements of [section 136i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136i&num=0&edition=prelim) that the Administrator determines meets the criteria set out in subsection (a) of this section shall have the primary enforcement responsibility for pesticide use violations. The Administrator shall make such determinations with respect to State plans under [section 136i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136i&num=0&edition=prelim) in effect on September 30, 1978, not later than six months after that da
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136w–1
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Stable record: federal_law:legal_authorities:record_usc_b30111219b3a1ad871c584b8
Source file: Laws/federal/codes/united-states-code/title-7/section-136w1-state-primary-enforcement-responsibility--907497d401.md
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Source location: Title 7, Chapter 6, § 136w–1; chapter-006-insecticides-and-environmental-pesticide-control.md
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**(a) In general** For the purposes of this subchapter, a State shall have primary enforcement responsibility for pesticide use violations during any period for which the Administrator determines that such State—
(1) has adopted adequate pesticide use laws and regulations, except that the Administrator may not require a State to have pesticide use laws that are more stringent than this subchapter;
(2) has adopted and is implementing adequate procedures for the enforcement of such State laws and regulations; and
(3) will keep such records and make such reports showing compliance with paragraphs (1) and (2) of this subsection as the Administrator may require by regulation.
**(b) Special rules** Notwithstanding the provisions of subsection (a) of this section, any State that enters into a cooperative agreement with the Administrator under [section 136u of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136u&num=0&edition=prelim) for the enforcement of pesticide use restrictions shall have the primary enforcement responsibility for pesticide use violations. Any State that has a plan approved by the Administrator in accordance with the requirements of [section 136i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136i&num=0&edition=prelim) that the Administrator determines meets the criteria set out in subsection (a) of this section shall have the primary enforcement responsibility for pesticide use violations. The Administrator shall make such determinations with respect to State plans under [section 136i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136i&num=0&edition=prelim) in effect on September 30, 1978, not later than six months after that date.
**(c) Administrator** The Administrator shall have primary enforcement responsibility for those States that do not have primary enforcement responsibility under this subchapter. Notwithstanding the provisions of [section 136(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136/e/1&num=0&edition=prelim), during any period when the Administrator has such enforcement responsibility, [section 136f(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136f/b&num=0&edition=prelim) shall apply to the books and records of commercial applicators and to any applicator who holds or applies pesticides, or uses dilutions of pesticides, only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served, and [section 136g(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136g/a&num=0&edition=prelim) shall apply to the establishment or other place where pesticides or devices are held for application by such persons with respect to pesticides or devices held for such application.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cooperative agreements** The Administrator may enter into cooperative agreements with States and Indian tribes—
(1) to delegate to any State or Indian tribe the authority to cooperate in the enforcement of this subchapter through the use of its personnel or facilities, to train personnel of the State or Indian tribe to cooperate in the enforcement of this subchapter, and to assist States and Indian tribes in implementing cooperative enforcement programs through grants-in-aid; and
(2) to assist States in developing and administering State programs, and Indian tribes that enter into cooperative agreements, to train and certify applicators consistent with the standards the Administrator prescribes.
Effective with the fiscal year beginning October 1, 1978, there are authorized to be appropriated annually such funds as may be necessary for the Administrator to provide through cooperative agreements an amount equal to 50 percent of the anticipated cost to each State or Indian tribe, as agreed to under such cooperative agreements, of conducting training and certification programs during such fiscal year. If funds sufficient to pay 50 percent of the costs for any year are not appropriated, the share of each State and Indian tribe shall be reduced in a like proportion in allocating available funds.
**(b) Contracts for training** In addition, the Administrator may enter into contracts with Federal, State, or Indian tribal agencies for the purpose of encouraging the training of certified applicators.
**(c) Information and education** The Administrator shall, in cooperation with the Secretary of Agriculture, use the services of the cooperative State extension services to inform and educate pesticide users about accepted uses and other regulations made under this subchapte
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136u
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136x
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Federal law — U.S. Code and appendices · legal_authorities
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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