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7 U.S.C. § 136u — State cooperation, aid, and training

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

7 U.S.C. § 136u — State cooperation, aid, and training

**(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

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Source file: Laws/federal/codes/united-states-code/title-7/section-136u-state-cooperation-aid-and-training--e1f3a9b31e.md
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Source location: Title 7, Chapter 6, § 136u; chapter-006-insecticides-and-environmental-pesticide-control.md

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**(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 subchapter.

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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. § 136w–1 — State primary enforcement responsibility

**(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

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

7 U.S.C. § 136u — State cooperation, aid, and training

Page 268 TITLE 7—AGRICULTURE § 136u Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title. § 136u. State cooperation, aid, and training (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 per- sonnel or facilities, to train personnel of the State or Indian tribe to cooperate in the en- forcement of this subchapter, and to assist States and Indian tribes in implementing co- operative enforcement programs through grants-in-aid; and (2) to assist States in developing and admin- istering 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 ap- propriated, the share of each State and Indian tribe shall be reduced in a like proportion in al- locating 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 a

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