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7 U.S.C. § 136o — Imports and exports
Federal law — U.S. Code and appendices · legal_authorities
**(a) Pesticides and devices intended for export** Notwithstanding any other provision of this subchapter, no pesticide or device or active ingredient used in producing a pesticide intended solely for export to any foreign country shall be deemed in violation of this subchapter—
(1) when prepared or packed according to the specifications or directions of the foreign purchaser, except that producers of such pesticides and devices and active ingredients used in producing pesticides shall be subject to sections 136(p), 136(q)(1)(A), (C), (D), (E), (G), and (H), 136(q)(2)(A), (B), (C)(i) and (iii), and (D), 136e, and 136f of this title; and
(2) in the case of any pesticide other than a pesticide registered under section 136a or sold under [section 136d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/a/1&num=0&edition=prelim), if, prior to export, the foreign purchaser has signed a statement acknowledging that the purchaser understands that such pesticide is not registered for use in the United States and cannot be sold in the United States under this subchapter.
A copy of that statement shall be transmitted to an appropriate official of the government of the importing country.
**(b) Cancellation notices furnished to foreign governments** Whenever a registration, or a cancellation or suspension of the registration of a pesticide becomes effective, or ceases to be effective, the Administrator shall transmit through the State Department notification thereof to the governments of other countries and to appropriate international agencies. Such notification shall, upon request, include all information related to the cancellation or suspension of the registration of the pesticide and information concerning other pesticides th
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Source location: Title 7, Chapter 6, § 136o; chapter-006-insecticides-and-environmental-pesticide-control.md
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**(a) Pesticides and devices intended for export** Notwithstanding any other provision of this subchapter, no pesticide or device or active ingredient used in producing a pesticide intended solely for export to any foreign country shall be deemed in violation of this subchapter—
(1) when prepared or packed according to the specifications or directions of the foreign purchaser, except that producers of such pesticides and devices and active ingredients used in producing pesticides shall be subject to sections 136(p), 136(q)(1)(A), (C), (D), (E), (G), and (H), 136(q)(2)(A), (B), (C)(i) and (iii), and (D), 136e, and 136f of this title; and
(2) in the case of any pesticide other than a pesticide registered under section 136a or sold under [section 136d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136d/a/1&num=0&edition=prelim), if, prior to export, the foreign purchaser has signed a statement acknowledging that the purchaser understands that such pesticide is not registered for use in the United States and cannot be sold in the United States under this subchapter.
A copy of that statement shall be transmitted to an appropriate official of the government of the importing country.
**(b) Cancellation notices furnished to foreign governments** Whenever a registration, or a cancellation or suspension of the registration of a pesticide becomes effective, or ceases to be effective, the Administrator shall transmit through the State Department notification thereof to the governments of other countries and to appropriate international agencies. Such notification shall, upon request, include all information related to the cancellation or suspension of the registration of the pesticide and information concerning other pesticides that are registered under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim) and that could be used in lieu of such pesticide.
**(c) Importation of pesticides and devices**
(1) **In general** — The Secretary of the Treasury shall notify the Administrator of the arrival of pesticides and devices and shall deliver to the Administrator, upon the Administrator’s request, samples of pesticides or devices which are being imported into the United States, giving notice to the owner or consignee, who may appear before the Administrator and have the right to introduce testimony. If it appears from the examination of a sample that it is adulterated, or misbranded or otherwise violates the provisions set forth in this subchapter, or is otherwise injurious to health or the environment, the pesticide or device may be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any pesticide or device refused delivery which shall not be exported by the consignee within 90 days from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe. The Secretary of the Treasury may deliver to the consignee such pesticide or device pending examination and decision in the matter on execution of bond for the amount of the full invoice value of such pesticide or device, together with the duty thereon, and on refusal to return such pesticide or device for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of said bond. All charges for storage, cartage, and labor on pesticides or devices which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee.
(2) **Importation of seed** — Notwithstanding any other provision of law, no person is required to notify the Administrator of the arrival of a plant-incorporated protectant (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)) that is contained in a seed, if—
(A) that plant-incorporated protectant is registered under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim);
(B) the Administrator has issued an experimental use permit for that plant-incorporated protectant under [section 136c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136c&num=0&edition=prelim); or
(C) the seed is covered by a permit (as defined in part 340 of title 7, Code of Federal Regulations (or any successor regulation)) or a notification.
(3) **Cooperation**
(A) *In general* — In response to a request from the Administrator, the Secretary of Agriculture shall provide to the Administrator a list of seed containing plant-incorporated protectants (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)) if the importation of that seed into the United States has been approved under a permit or notification referred to in paragraph (2).
(B) *Contents* — The list under subparagraph (A) shall be provided in a form and at such intervals as may be agreed to by the Secretary and the Administrator.
(4) **Applicability** — Nothing in this subsection precludes or limits the authority of the Secretary of Agriculture with respect to the importation or movement of plants, plant products, or seeds under—
(A) the Plant Protection Act ([7 U.S.C. 7701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7701&num=0&edition=prelim) et seq.); and
(B) the Federal Seed Act ([7 U.S.C. 1551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1551&num=0&edition=prelim) et seq.).
**(d) Cooperation in international efforts**
(1) **In general** — The Administrator shall, in cooperation with the Department of State and any other appropriate Federal agency, participate and cooperate in any international efforts to develop improved pesticide research and regulations.
(2) **Department of State expenses** — Any expenses incurred by an employee of the Environmental Protection Agency who participates in any international technical, economic, or policy review board, committee, or other official body that is meeting in relation to an international treaty shall be paid by the Department of State.
**(e) Regulations** The Secretary of the Treasury, in consultation with the Administrator, shall prescribe regulations for the enforcement of subsection (c) of this section.
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Federal law — U.S. Code and appendices · legal_authorities
Funds under this Act (other than those made available for [section 7784(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7784/f&num=0&edition=prelim)) are intended to supplement, not replace, assistance available to weed management entities, areas, and districts for control or eradication of noxious weeds on Federal lands and non-Federal lands. The provision of funds to a weed management entity under this Act (other than those made available for [section 7784(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7784/f&num=0&edition=prelim)) shall have no effect on the amount of any payment received by a county from the Federal Government under chapter 69 of title 31.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
It shall be unlawful in the United States or in interstate or foreign commerce to sell or offer for sale or advertise, by variety name, seed not certified by an official seed certifying agency, when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act [[7 U.S.C. 2321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) et seq.] specifies sale only as a class of certified seed: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owners of the variety.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(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 application under [section 136w–8(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136w–8/b&num=0&edition=prelim) shall conform with the requirements of that section. The Administrator shall review the application. After completion of the review, but not later than one hundred and twenty days after receipt of the application and all required supporting data (or in the case of an application for an experimental use permit for a covered application under [section 136w–8(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136w–8/b&num=0&edition=prelim), not later than the last day of the applicable timeframe for such application specified in such section), the Administrator shall either issue the permit or notify the applicant of the Administrator’s determination not to issue the permit and the reasons therefor. The applicant may correct the application or request a waiver of the conditions for such permit within thirty days of receipt by the applicant of such notification. The Administrator may issue an experimental use permit only if the Administrator determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim). An application for an experimental use permit may be filed at any time.
**(b) Temporary tolerance level** If the Administrator determines that the use of a pesticide may reasonably be expected to result in any residue on or i
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 261
TITLE 7—AGRICULTURE
§ 136o
(b) Review by court of appeals
In the case of actual controversy as to the va-
lidity of any order issued by the Administrator
following a public hearing, any person who will
be adversely affected by such order and who had
been a party to the proceedings may obtain judi-
cial review by filing in the United States court
of appeals for the circuit wherein such person
resides or has a place of business, within 60 days
after the entry of such order, a petition praying
that the order be set aside in whole or in part.
A copy of the petition shall be forthwith trans-
mitted by the clerk of the court to the Adminis-
trator or any officer designated by the Adminis-
trator for that purpose, and thereupon the Ad-
ministrator shall file in the court the record of
the proceedings on which the Administrator
based the Administrator’s order, as provided in
section 2112 of title 28. Upon the filing of such
petition the court shall have exclusive jurisdic-
tion to affirm or set aside the order complained
of in whole or in part. The court shall consider
all evidence of record. The order of the Adminis-
trator shall be sustained if it is supported by
substantial evidence when considered on the
record as a whole. The judgment of the court af-
firming or setting aside, in whole or in part, any
order under this section shall be final, subject to
review by the Supreme Court of the United
States upon certiorari or certification as pro-
vided in section 1254 of title 28. The commence-
ment of proceedings under this section shall not,
unless specifically ordered by the court to the
contrary, operate as a stay of an order.
(c) Jurisdiction of district courts
The district courts of the United States are
vested with jurisdiction specifica
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 136o
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Federal law — U.S. Code and appendices · legal_authorities
Page 879
TITLE 7—AGRICULTURE
§ 1561
Sec.
1595.
Seizure.
1596.
Penalties.
1597.
Agent’s acts as binding principal.
1598.
Notice of intention to prosecute.
1599.
Cease and desist proceedings.
1600.
Appeal to court of appeals.
1601.
Enforcement of order.
1602.
Separability.
1603.
Procedural powers; witness fees and mileage.
1604.
Publication.
1605.
Authorization of appropriations.
1606.
Authorization of expenditures.
1607.
Cooperation with other governmental agen-
cies.
1608.
Separability.
1609.
Repeals.
1610.
Effective date.
SUBCHAPTER V—SALE OF UNCERTIFIED SEED
OF PROTECTED VARIETY
1611.
Illegal sales of uncertified seed.
§ 1551. Short title
This chapter may be cited as the ‘‘Federal
Seed Act.’’
(Aug. 9, 1939, ch. 615, § 1, 53 Stat. 1275.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
See section 1610 of this title.
SHORT TITLE OF 1983 AMENDMENT
Pub. L. 97–439, § 1, Jan. 8, 1983, 96 Stat. 2287, provided
that: ‘‘This Act [amending sections 1561, 1571, 1581, 1582,
1585, and 1586 of this title and repealing sections 1583
and 1584 of this title] may be cited as the ‘Federal Seed
Act Amendments of 1982’.’’
SUBCHAPTER I—DEFINITIONS
§ 1561. Definition of terms
(a) When used in this chapter—
(1) The term ‘‘United States’’ means the sev-
eral States, District of Columbia, and Puerto
Rico.
(2) The term ‘‘person’’ includes a partner-
ship, corporation, company, society, or asso-
ciation.
(3)
The
term
‘‘interstate
commerce’’
means—
(A) commerce between any State, Terri-
tory, possession, or the District of Columbia,
and any other State, Territory, possession,
or the District of Columbia; or
(B) commerce between points within the
same State, Territory, or possession, or the
District of Columbia, but through any p
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
Page 2083
TITLE 7—AGRICULTURE
§ 7701
1 So in original.
(A) shall be to the excepted civil service;
and
(B) may not exceed a period of 2 years.
(Pub. L. 105–185, title VI, § 620, as added Pub. L.
107–171, title VII, § 7219, May 13, 2002, 116 Stat.
449.)
Editorial Notes
REFERENCES IN TEXT
The General Schedule, referred to in subsecs.
(b)(2)(C), (4)(A)(iv), (B), (d)(2)(A), and (f)(1)(A), is set out
under section 5332 of Title 5, Government Organization
and Employees.
Level I of the Executive Schedule, referred to in sub-
sec. (d)(2)(B), is set out in section 5312 of Title 5, Gov-
ernment Organization and Employees.
PART C—STUDIES
§§ 7671, 7672. Repealed. Pub. L. 113–79, title VII,
§ 7311, Feb. 7, 2014, 128 Stat. 893
Section 7671, Pub. L. 105–185, title VI, § 631, June 23,
1998, 112 Stat. 608, related to evaluation and assessment
of agricultural research, extension, and education pro-
grams.
Section 7672, Pub. L. 105–185, title VI, § 632, June 23,
1998, 112 Stat. 608, related to study of federally funded
agricultural research, extension, and education.
CHAPTER 104—PLANT PROTECTION
Sec.
7701.
Findings.
7702.
Definitions.
SUBCHAPTER I—PLANT PROTECTION
7711.
Regulation of movement of plant pests.
7712.
Regulation of movement of plants, plant
products, biological control organisms, nox-
ious weeds, articles, and means of convey-
ance.
7712a.
Reduction in backlog of agricultural export
petitions.
7713.
Notification and holding requirements upon
arrival.
7714.
General remedial measures for new plant
pests and noxious weeds.
7715.
Declaration of extraordinary emergency and
resulting authorities.
7716.
Recovery of compensation for unauthorized
activities.
7717.
Control of grasshoppers and Mormon crickets.
7718.
Certification for expo
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