7 U.S.C. § 136v — Authority of States

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 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 in- form and educate pesticide users about accepted uses and other regulations made under this sub- chapter. (June 25, 1947, ch. 125, § 23, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 996; amended Pub. L. 95–396, § 21, Sept. 30, 1978, 92 Stat. 834.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–396 extended provisions to Indian tribes, authorized annual appropriation of funds for training and certification programs, and re- quired proportionate reduction of shares in the alloca- tion of available funds when appropriations do not cover 50 percent of the annual costs. Subsec. (b). Pub. L. 95–396 authorized contracts with Indian tribal agencies. Subsec. (c). Pub. L. 95–396 substituted ‘‘shall’’ for ‘‘may’’, substituted ‘‘use’’ for ‘‘utilize’’, and ‘‘to inform and educate pesticide users about accepted uses and other regulations’’ for ‘‘for informing farmers of ac- cepted uses and other regulations’’. 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. AVAILABILITY OF GRANTS FOR PESTICIDE PROGRAM DEVELOPMENT AND IMPLEMENTATION Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2499, provided in part: ‘‘That beginning in fiscal year 1999 and thereafter, pesticide program implementation grants under section 23(a)(1) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended [7 U.S.C. 136u(a)(1)], shall be available for pesticide program de- velopment and implementation, including enforcement and compliance activities’’. § 136v. Authority of States (a) In general A State may regulate the sale or use of any federally registered pesticide or device in the State, but only if and to the extent the regula- tion does not permit any sale or use prohibited by this subchapter. (b) Uniformity Such State shall not impose or continue in ef- fect any requirements for labeling or packaging in addition to or different from those required under this subchapter. (c) Additional uses (1) A State may provide registration for addi- tional uses of federally registered pesticides for- mulated for distribution and use within that State to meet special local needs in accord with the purposes of this subchapter and if registra- tion for such use has not previously been denied, disapproved, or canceled by the Administrator. Such registration shall be deemed registration under section 136a of this title for all purposes of this subchapter, but shall authorize distribution and use only within such State. (2) A registration issued by a State under this subsection shall not be effective for more than ninety days if disapproved by the Administrator within that period. Prior to disapproval, the Ad- ministrator shall, except as provided in para- graph (3) of this subsection, advise the State of the Administrator’s intention to disapprove and the reasons therefor, and provide the State time to respond. The Administrator shall not prohibit or disapprove a registration issued by a State under this subsection (A) on the basis of lack of essentiality of a pesticide or (B) except as pro- vided in paragraph (3) of this subsection, if its composition and use patterns are similar to those of a federally registered pesticide. (3) In no instance may a State issue a registra- tion for a food or feed use unless there exists a tolerance or exemption under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] that permits the residues of the pesticides on the food or feed. If the Administrator deter- mines that a registration issued by a State is in- consistent with the Federal Food, Drug, and Cosmetic Act, or the use of, a pesticide under a registration issued by a State constitutes an im- minent hazard, the Administrator may imme- diately disapprove the registration. (4) If the Administrator finds, in accordance with standards set forth in regulations issued Page 269 TITLE 7—AGRICULTURE § 136w under section 136w of this title, that a State is not capable of exercising adequate controls to assure that State registration under this section will be in accord with the purposes of this sub- chapter or has failed to exercise adequate con- trols, the Administrator may suspend the au- thority of the State to register pesticides until such time as the Administrator is satisfied that the State can and will exercise adequate con- trols. Prior to any such suspension, the Admin- istrator shall advise the State of the Adminis- trator’s intention to suspend and the reasons therefor and provide the State time to respond. (June 25, 1947, ch. 125, § 24, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 997; amended Pub. L. 95–396, § 22, Sept. 30, 1978, 92 Stat. 835; Pub. L. 100–532, title VIII, § 801(m), Oct. 25, 1988, 102 Stat. 2682.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classi- fication of this Act to the Code, see section 301 of Title 21 and Tables. AMENDMENTS 1988—Pub. L. 100–532, § 801(m), inserted headings for subsecs. (a) to (c) and realigned margins of pars. (1) to (4) of subsec. (c). 1978—Subsec. (a). Pub. L. 95–396 inserted ‘‘federally registered’’ before ‘‘pesticide or device’’. Subsec. (b). Pub. L. 95–396 substituted ‘‘labeling or packaging’’ and ‘‘required under’’ for ‘‘labeling and packaging’’ and ‘‘required pursuant to’’, respectively. Subsec. (c)(1). Pub. L. 95–396 incorporated existing text in provisions designated par. (1) and substituted ‘‘registration for additional uses of federally registered pesticides’’ for ‘‘registration for pesticides’’. Subsec. (c)(2). Pub. L. 95–396 incorporated existing text in provisions designated par. (2), conditioned dis- approval of registration on communication of intention to disapprove and reasons for disapproval and provision for time to respond, and restricted authority of Admin- istrator to prohibit or disapprove a State registration. Subsec. (c)(3). Pub. L. 95–396 added par. (3). Subsec. (c)(4). Pub. L. 95–396 incorporated existing text in provisions designated par. (4) and authorized suspension of registration authority of the State based on findings of inability or failure to exercise adequate controls following an indication of intention to suspend and reasons for the suspension and provision for time to respond. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100–532, set out as a note under section 136 of this title. 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. § 136w. Authority of Administrator (a) In general (1) Regulations The Administrator is authorized, in accord- ance with the procedure described in para- graph (2), to prescribe regulations to carry out the provisions of this subchapter. Such regula- tions 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 be- tween agricultural, nonagricultural, and pub- lic health pesticides. (2) Procedure (A) Proposed regulations At least 60 days prior to signing any pro- posed regulation for publication in the Fed- eral Register, the Administrator shall pro- vide 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 Adminis- trator with regard to the Secretary’s com- ments. 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 notwith- standing the foregoing 60-day time require- ment. (B) Final regulations At least 30 days prior to signing any regu- lation 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 final regulation) the comments of the Secretary, if requested by the Secretary, and the response of the Administrator con- cerning the Secretary’s comments. If the Secretary does not comment in writing to the Administrator regarding the regulation within 15 days after receiving it, the Admin- istrator may sign such regulation for publi- cation in the Federal Register at any time after such 15-day period notwithstanding the foregoing 30-day time requirement. In tak- ing any final action under this subsection, the Administrator shall include among those factors to be taken into account the effect of the regulation on production and prices of agricultural commodities, retail food prices, and otherwise on the agricultural economy, and the Administrator shall publish in the Federal Register an analysis of such effect. (C) Time requirements The time requirements imposed by sub- paragraphs (A) and (B) may be waived or modified to the extent agreed upon by the Administrator and the Secretary. (D) Publication in the Federal Register The Administrator shall, simultaneously with any notification to the Secretary of Agriculture under this paragraph prior to