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7 U.S.C. § 136x — Severability
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.
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Stable record: federal_law:legal_authorities:record_usc_d681a62499c868fe160b7008
Source file: Laws/federal/codes/united-states-code/title-7/section-136x-severability--39d84ae04f.md
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Source location: Title 7, Chapter 6, § 136x; chapter-006-insecticides-and-environmental-pesticide-control.md
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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.
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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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Federal law — U.S. Code and appendices · legal_authorities
There is authorized to be appropriated to carry out this subchapter (other than [section 136u(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136u/a&num=0&edition=prelim))—
(1) $83,000,000 for fiscal year 1989, of which not more than $13,735,500 shall be available for research under this subchapter;
(2) $95,000,000 for fiscal year 1990, of which not more than $14,343,600 shall be available for research under this subchapter; and
(3) $95,000,000 for fiscal year 1991, of which not more than $14,978,200 shall be available for research under this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136y
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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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Federal law — U.S. Code and appendices · legal_authorities
Each State may establish minimum requirements for training of maintenance applicators and service technicians. Such training may include instruction in the safe and effective handling and use of pesticides in accordance with the Environmental Protection Agency approved labeling, and instruction in integrated pest management techniques. The authority of the Administrator with respect to minimum requirements for training of maintenance applicators and service technicians shall be limited to ensuring that each State understands the provisions of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136w–5
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of costs** In this section, the term “costs”, when used with respect to review and decisionmaking pertaining to an application for which registration service fees are paid under this section, means—
(1) costs to the extent that—
(A) officers and employees provide direct support for the review and decisionmaking for covered pesticide applications, associated tolerances, and corresponding risk and benefits information and analyses;
(B) persons and organizations under contract with the Administrator engage in the review of the applications, and corresponding risk and benefits information and assessments; and
(C) advisory committees and other accredited persons or organizations, on the request of the Administrator, engage in the peer review of risk or benefits information associated with covered pesticide applications;
(2) costs of management of information, and the acquisition, maintenance, and repair of computer and telecommunication resources (including software), used to support review of pesticide applications, associated tolerances, and corresponding risk and benefits information and analyses; and
(3) costs of collecting registration service fees under subsections (b) and (c) and reporting, auditing, and accounting under this section.
**(b) Fees**
(1) **In general** — Effective beginning on the effective date of the Pesticide Registration Improvement Act of 2003, the Administrator shall assess and collect covered pesticide registration service fees in accordance with this section.
(2) **Covered applications**
(A) *In general* — An application for the registration of a pesticide covered by this subchapter that is received by the Administrator on or after the effective date of the Pesticide Registration Improvement Act of 2003 or for a
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136w–8
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Federal law — U.S. Code and appendices · legal_authorities
Page 315
TITLE 7—AGRICULTURE
§ 138
EXTENSION OF LIMITATIONS ON FEE AMOUNTS AND
USAGE OF FEES
Subsection (c)(3)(B) of this section to continue in ef-
fect through Sept. 30, 2018, see section 401(a) of Pub. L.
115–141, formerly set out as a note under section 136a–1
of this title.
Pub. L. 115–141, div. M, title IV, § 401(b)(2), Mar. 23,
2018, 132 Stat. 1050, extended the authority provided by
this section until Sept. 30, 2018.
§ 136x. Severability
If any provision of this subchapter or the ap-
plication thereof to any person or circumstance
is held invalid, the invalidity shall not affect
other provisions or applications of this sub-
chapter which can be given effect without re-
gard to the invalid provision or application, and
to this end the provisions of this subchapter are
severable.
(June 25, 1947, ch. 125, § 34, formerly § 26, as added
Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 998; re-
numbered § 30, Pub. L. 95–396, § 24(1), Sept. 30,
1978, 92 Stat. 836; renumbered § 33, Pub. L.
104–170, title I, § 121(1), Aug. 3, 1996, 110 Stat. 1492;
renumbered § 34, Pub. L. 108–199, div. G, title V,
§ 501(f)(1), Jan. 23, 2004, 118 Stat. 422.)
Editorial Notes
PRIOR PROVISIONS
A prior section 34 of act June 25, 1947, ch. 125, was re-
numbered section 35 and is classified to section 136y of
this title.
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.
§ 136y. Authorization of appropriations
There is authorized to be appropriated to
carry out this subchapter (other than section
136u(a) of this title)—
(1) $83,000,000 for fiscal year 1989, of which
not more than $13,735,500 shall be available for
research under this subchapter;
(2)
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 136x
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