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7 U.S.C. § 136c — Experimental use permits

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

7 U.S.C. § 136c — Experimental use permits

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Source file: Laws/federal/codes/united-states-code/title-7/section-136c-experimental-use-permits--63dda7ed53.md
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Source location: Title 7, Chapter 6, § 136c; chapter-006-insecticides-and-environmental-pesticide-control.md

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**(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 in food or feed, the Administrator may establish a temporary tolerance level for the residue of the pesticide before issuing the experimental use permit. **(c) Use under permit** Use of a pesticide under an experimental use permit shall be under the supervision of the Administrator, and shall be subject to such terms and conditions and be for such period of time as the Administrator may prescribe in the permit. **(d) Studies** When any experimental use permit is issued for a pesticide containing any chemical or combination of chemicals which has not been included in any previously registered pesticide, the Administrator may specify that studies be conducted to detect whether the use of the pesticide under the permit may cause unreasonable adverse effects on the environment. All results of such studies shall be reported to the Administrator before such pesticide may be registered under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim). **(e) Revocation** The Administrator may revoke any experimental use permit, at any time, if the Administrator finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment. **(f) State issuance of permits** Notwithstanding the foregoing provisions of this section, the Administrator shall, under such terms and conditions as the Administrator may by regulations prescribe, authorize any State to issue an experimental use permit for a pesticide. All provisions of [section 136i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136i&num=0&edition=prelim) relating to State plans shall apply with equal force to a State plan for the issuance of experimental use permits under this section. **(g) Exemption for agricultural research agencies** Notwithstanding the foregoing provisions of this section, the Administrator may issue an experimental use permit for a pesticide to any public or private agricultural research agency or educational institution which applies for such permit. Each permit shall not exceed more than a one-year period or such other specific time as the Administrator may prescribe. Such permit shall be issued under such terms and conditions restricting the use of the pesticide as the Administrator may require. Such pesticide may be used only by such research agency or educational institution for purposes of experimentation.

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

7 U.S.C. § 136i — Use of restricted use pesticides; applicators

**(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

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.

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

7 U.S.C. § 136o — Imports and exports

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

7 U.S.C. § 136c — Experimental use permits

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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