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7 U.S.C. § 136e — Registration of establishments

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

7 U.S.C. § 136e — Registration of establishments

**(a) Requirement** No person shall produce any pesticide subject to this subchapter or active ingredient used in producing a pesticide subject to this subchapter in any State unless the establishment in which it is produced is registered with the Administrator. The application for registration of any establishment shall include the name and address of the establishment and of the producer who operates such establishment. **(b) Registration** Whenever the Administrator receives an application under subsection (a), the Administrator shall register the establishment and assign it an establishment number. **(c) Information required** (1) Any producer operating an establishment registered under this section shall inform the Administrator within 30 days after it is registered of the types and amounts of pesticides and, if applicable, active ingredients used in producing pesticides— (A) which the producer is currently producing; (B) which the producer has produced during the past year; and (C) which the producer has sold or distributed during the past year. The information required by this paragraph shall be kept current and submitted to the Administrator annually as required under such regulations as the Administrator may prescribe. (2) Any such producer shall, upon the request of the Administrator for the purpose of issuing a stop sale order pursuant to [section 136k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136k&num=0&edition=prelim), inform the Administrator of the name and address of any recipient of any pesticide produced in any registered establishment which the producer operates. **(d) Confidential records and information** Any information submitted to the Administrator pursuant to subsection (c) other th

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Source file: Laws/federal/codes/united-states-code/title-7/section-136e-registration-of-establishments--51e32fd69a.md
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Source location: Title 7, Chapter 6, § 136e; chapter-006-insecticides-and-environmental-pesticide-control.md

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

7 U.S.C. § 136k — Stop sale, use, removal, and seizure

**(a) Stop sale, etc., orders** Whenever any pesticide or device is found by the Administrator in any State and there is reason to believe on the basis of inspection or tests that such pesticide or device is in violation of any of the provisions of this subchapter, or that such pesticide or device has been or is intended to be distributed or sold in violation of any such provisions, or when the registration of the pesticide has been canceled by a final order or has been suspended, the Administrator may issue a written or printed “stop sale, use, or removal” order to any person who owns, controls, or has custody of such pesticide or device, and after receipt of such order no person shall sell, use, or remove the pesticide or device described in the order except in accordance with the provisions of the order. **(b) Seizure** Any pesticide or device that is being transported or, having been transported, remains unsold or in original unbroken packages, or that is sold or offered for sale in any State, or that is imported from a foreign country, shall be liable to be proceeded against in any district court in the district where it is found and seized for confiscation by a process in rem for condemnation if— (1) in the case of a pesticide— (A) it is adulterated or misbranded; (B) it is not registered pursuant to the provisions of [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim); (C) its labeling fails to bear the information required by this subchapter; (D) it is not colored or discolored and such coloring or discoloring is required under this subchapter; or (E) any of the claims made for it or any of the directions for its use differ in substance from the representations made i

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

7 U.S.C. § 136h — Protection of trade secrets and other information

**(a) In general** In submitting data required by this subchapter, the applicant may (1) clearly mark any portions thereof which in the applicant’s opinion are trade secrets or commercial or financial information and (2) submit such market material separately from other material required to be submitted under this subchapter. **(b) Disclosure** Notwithstanding any other provision of this subchapter and subject to the limitations in subsections (d) and (e) of this section, the Administrator shall not make public information which in the Administrator’s judgment contains or relates to trade secrets or commercial or financial information obtained from a person and privileged or confidential, except that, when necessary to carry out the provisions of this subchapter, information relating to formulas of products acquired by authorization of this subchapter may be revealed to any Federal agency consulted and may be revealed at a public hearing or in findings of fact issued by the Administrator. **(c) Disputes** If the Administrator proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (b), the Administrator shall notify the applicant or registrant, in writing, by certified mail. The Administrator shall not thereafter make available for inspection such data until thirty days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in an appropriate district court for a declaratory judgment as to whether such information is subject to protection under subsection (b). **(d) Limitations** (1) All information concerning the objectives, methodology, results, or significance of any test or experiment performed on or with

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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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7 U.S.C. § 136j — Unlawful acts

**(a) In general** (1) Except as provided by subsection (b), it shall be unlawful for any person in any State to distribute or sell to any person— (A) any pesticide that is not registered under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim) or whose registration has been canceled or suspended, except to the extent that distribution or sale otherwise has been authorized by the Administrator under this subchapter; (B) any registered pesticide if any claims made for it as a part of its distribution or sale substantially differ from any claims made for it as a part of the statement required in connection with its registration under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim); (C) any registered pesticide the composition of which differs at the time of its distribution or sale from its composition as described in the statement required in connection with its registration under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim); (D) any pesticide which has not been colored or discolored pursuant to the provisions of [section 136w(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136w/c/5&num=0&edition=prelim); (E) any pesticide which is adulterated or misbranded; or (F) any device which is misbranded. (2) It shall be unlawful for any person— (A) to detach, alter, deface, or destroy, in whole or in part, any labeling required under this subchapter; (B) to refuse to— (i) prepare, maintain, or submit any records required by or under section 136c, 136e, 136f

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7 U.S.C. § 136w — Authority of Administrator

**(a) In general** (1) **Regulations** — The Administrator is authorized, in accordance with the procedure described in paragraph (2), to prescribe regulations to carry out the provisions of this subchapter. Such regulations shall take into account the difference in concept and usage between various classes of pesticides, including public health pesticides, and differences in environmental risk and the appropriate data for evaluating such risk between agricultural, nonagricultural, and public health pesticides. (2) **Procedure** (A) *Proposed regulations* — At least 60 days prior to signing any proposed regulation for publication in the Federal Register, the Administrator shall provide the Secretary of Agriculture with a copy of such regulation. If the Secretary comments in writing to the Administrator regarding any such regulation within 30 days after receiving it, the Administrator shall publish in the Federal Register (with the proposed regulation) the comments of the Secretary and the response of the Administrator with regard to the Secretary’s comments. If the Secretary does not comment in writing to the Administrator regarding the regulation within 30 days after receiving it, the Administrator may sign such regulation for publication in the Federal Register any time after such 30-day period notwithstanding the foregoing 60-day time requirement. (B) *Final regulations* — At least 30 days prior to signing any regulation in final form for publication in the Federal Register, the Administrator shall provide the Secretary of Agriculture with a copy of such regulation. If the Secretary comments in writing to the Administrator regarding any such final regulation within 15 days after receiving it, the Administrator shall publish in the Federal Register (with the f

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

7 U.S.C. § 136e — Registration of establishments

Page 248 TITLE 7—AGRICULTURE § 136e and use information, or an analysis thereof, in accord- ance with the procedures followed and subject to the same conditions as the Secretary of Agriculture in the case of agricultural pesticides.’’ before ‘‘The proposed action shall become final’’. Subsec. (c)(1). Pub. L. 104–170, § 102(a), amended sec- ond sentence generally. Prior to amendment, second sentence read as follows: ‘‘No order of suspension may be issued unless the Administrator has issued or at the same time issues notice of the Administrator’s inten- tion to cancel the registration or change the classifica- tion of the pesticide.’’ Subsec. (c)(3). Pub. L. 104–170, § 102(b), inserted after first sentence ‘‘The Administrator may issue an emer- gency order under this paragraph before issuing a no- tice of intention to cancel the registration or change the classification of the pesticide under subsection (b) of this section and the Administrator shall proceed to issue the notice under subsection (b) of this section within 90 days of issuing an emergency order. If the Ad- ministrator does not issue a notice under subsection (b) of this section within 90 days of issuing an emergency order, the emergency order shall expire.’’ and sub- stituted ‘‘In the case of an emergency order’’ for ‘‘In that case’’. Subsec. (f)(1)(C)(ii). Pub. L. 104–170, § 210(g)(1), sub- stituted ‘‘180-day’’ for ‘‘90-day’’ in two places. Subsec. (f)(3)(A). Pub. L. 104–170, § 210(g)(2), sub- stituted ‘‘180-day’’ for ‘‘90-day’’. Subsec. (f)(4). Pub. L. 104–170, § 210(h), added par. (4). 1991—Subsec. (a)(1). Pub. L. 102–237, § 1006(b)(1), sub- stituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘may specify’’ and before ‘‘determines’’. Subsec. (a)(2). Pub. L. 102–237, § 1006(b)(3)(C), su

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