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7 U.S.C. § 136y — Authorization of appropriations
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.
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Stable record: federal_law:legal_authorities:record_usc_f980079fec325a1cafde3f93
Source file: Laws/federal/codes/united-states-code/title-7/section-136y-authorization-of-appropriations--5c4b30f7ed.md
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Passage SHA-256: 10a4897204c27e9e9d326961668417fa24fbe3e8cee029f13e8025eca90b0a6b
Source location: Title 7, Chapter 6, § 136y; chapter-006-insecticides-and-environmental-pesticide-control.md
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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.
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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
It shall be unlawful for any person, firm, or corporation to prepare, sell, barter, or exchange in the District of Columbia, or in the Territories, or in any place under the jurisdiction of the United States, or to ship or deliver for shipment in or from the United States, the District of Columbia, any territory of the United States, or any place under the jurisdiction of the United States, any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product intended for use in the treatment of domestic animals, and no person, firm, or corporation shall prepare, sell, barter, exchange, or ship as aforesaid any virus, serum, toxin, or analogous product manufactured within the United States and intended for use in the treatment of domestic animals, unless and until the said virus, serum, toxin, or analogous product shall have been prepared, under and in compliance with regulations prescribed by the Secretary of Agriculture, at an establishment holding an unsuspended and unrevoked license issued by the Secretary of Agriculture as hereinafter authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 151
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Agriculture is authorized to make and promulgate from time to time such rules and regulations as may be necessary to prevent the preparation, sale, barter, exchange, or shipment as aforesaid of any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product for use in the treatment of domestic animals, or otherwise to carry out this chapter, and to issue, suspend, and revoke licenses for the maintenance of establishments for the preparation of viruses, serums, toxins, and analogous products, for use in the treatment of domestic animals, intended for sale, barter, exchange, or shipment as aforesaid.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 154
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Federal law — U.S. Code and appendices · legal_authorities
In order to meet an emergency condition, limited market or local situation, or other special circumstance (including production solely for intrastate use under a State-operated program), the Secretary may issue a special license under an expedited procedure on such conditions as are necessary to assure purity, safety, and a reasonable expectation of efficacy. The Secretary shall exempt by regulation from the requirement of preparation pursuant to an unsuspended and unrevoked license any virus, serum, toxin, or analogous product prepared by any person, firm, or corporation—
(1) solely for administration to animals of such person, firm, or corporation;
(2) solely for administration to animals under a veterinarian-client-patient relationship in the course of the State licensed professional practice of veterinary medicine by such person, firm, or corporation; or
(3) solely for distribution within the State of production pursuant to a license granted by such State under a program determined by the Secretary to meet criteria under which the State—
(A) may license virus, serum, toxin, and analogous products and establishments that produce such products;
(B) may review the purity, safety, potency, and efficacy of such products prior to licensure;
(C) may review product test results to assure compliance with applicable standards for purity, safety, and potency, prior to release to the market;
(D) may deal effectively with violations of State law regulating virus, serum, toxin, and analogous products; and
(E) exercises the authority referred to in subclauses (A) through (D) consistent with the intent of this chapter of prohibiting the preparation, sale, barter, exchange, or shipment of worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analog
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 154a
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Federal law — U.S. Code and appendices · legal_authorities
Any officer, agent, or employee of the Department of Agriculture duly authorized by the Secretary of Agriculture for the purpose may, at any hour during the daytime or nighttime, enter and inspect any establishment where any virus, serum, toxin, or analogous product for use in the treatment of domestic animals is prepared for sale, barter, exchange, or shipment as aforesaid.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 157
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Federal law — U.S. Code and appendices · legal_authorities
The procedures of sections 672, 673, and 674 of this title (relating to detentions, seizures and condemnations, and injunctions, respectively) shall apply to the enforcement of this chapter with respect to any product prepared, sold, bartered, exchanged, or shipped in violation of this chapter or a regulation promulgated under this chapter. The provisions (including penalties) of [section 675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section675&num=0&edition=prelim) shall apply to the performance of official duties under this chapter. Congress finds that (i) the products and activities that are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and (ii) regulation of the products and activities as provided in this chapter is necessary to prevent and eliminate burdens on such commerce and to effectively regulate such commerce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 159
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Referral** Upon receipt of any complaint or other information alleging or indicating a significant violation of the pesticide use provisions of this subchapter, the Administrator shall refer the matter to the appropriate State officials for their investigation of the matter consistent with the requirements of this subchapter. If, within thirty days, the State has not commenced appropriate enforcement action, the Administrator may act upon the complaint or information to the extent authorized under this subchapter.
**(b) Notice** Whenever the Administrator determines that a State having primary enforcement responsibility for pesticide use violations is not carrying out (or cannot carry out due to the lack of adequate legal authority) such responsibility, the Administrator shall notify the State. Such notice shall specify those aspects of the administration of the State program that are determined to be inadequate. The State shall have ninety days after receipt of the notice to correct any deficiencies. If after that time the Administrator determines that the State program remains inadequate, the Administrator may rescind, in whole or in part, the State’s primary enforcement responsibility for pesticide use violations.
**(c) Construction** Neither [section 136w–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136w-1&num=0&edition=prelim) nor this section shall limit the authority of the Administrator to enforce this subchapter, where the Administrator determines that emergency conditions exist that require immediate action on the part of the Administrator and the State authority is unwilling or unable adequately to respond to the emergency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136w–2
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Administrator shall assure coordination of minor use issues through the establishment of a minor use program within the Office of Pesticide Programs. Such office shall be responsible for coordinating the development of minor use programs and policies and consulting with growers regarding minor use issues and registrations and amendments which are submitted to the Environmental Protection Agency.
**(b)** The Office of Pesticide Programs shall prepare a public report concerning the progress made on the registration of minor uses, including implementation of the exclusive use as an incentive for registering new minor uses, within 3 years of the passage of the Food Quality Protection Act of 1996.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136w–6
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136x
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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. § 136y
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.