7 U.S.C. § 136q — Storage, disposal, transportation, and re-

Page 263 TITLE 7—AGRICULTURE § 136q 1991—Subsec. (a). Pub. L. 102–237, § 1006(a)(9), removed last sentence from par. (2) and placed it as a full meas- ure sentence under par. (2). Subsec. (c). Pub. L. 102–237, § 1006(b)(2), substituted ‘‘the Administrator’s’’ for ‘‘his’’. 1988—Subsec. (c). Pub. L. 100–532 substituted ‘‘pre- scribe. The Secretary’’ for ‘‘prescribe: Provided, That the Secretary’’ and ‘‘bond. All’’ for ‘‘bond: And provided further, That all’’. 1978—Subsec. (a). Pub. L. 95–396, § 18(a)(1), amended subsec. (a) generally. Subsec. (b). Pub. L. 95–396, § 18(a)(2), inserted sentence at end relating to information to be included in notifi- cation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. 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 OF 1978 AMENDMENT Pub. L. 95–396, § 18(b), Sept. 30, 1978, 92 Stat. 833, pro- vided that: ‘‘The amendment made by subsection (a)(1) of this section [amending this section] shall become ef- fective one hundred and eighty days after the date of enactment of this Act [Sept. 30, 1978].’’ 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. § 136p. Exemption of Federal and State agencies The Administrator may, at the Administra- tor’s discretion, exempt any Federal or State agency from any provision of this subchapter if the Administrator determines that emergency conditions exist which require such exemption. The Administrator, in determining whether or not such emergency conditions exist, shall con- sult with the Secretary of Agriculture and the Governor of any State concerned if they request such determination. (June 25, 1947, ch. 125, § 18, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 995; amended Pub. L. 94–140, § 8, Nov. 28, 1975, 89 Stat. 754; Pub. L. 100–532, title VIII, § 801(k), Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102–237, title X, § 1006(b)(1), (2), Dec. 13, 1991, 105 Stat. 1895.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–237 substituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘determines’’ and ‘‘the Administra- tor’s’’ for ‘‘his’’. 1988—Pub. L. 100–532 substituted ‘‘and’’ for ‘‘or‘‘ in section catchline, and directed that sentence beginning ‘‘The Administrator, in’’ be run in after first sentence beginning ‘‘The Administrator may’’. 1975—Pub. L. 94–140 inserted provision requiring Ad- ministrator to consult with Secretary of Agriculture and Governor of State concerned in determining wheth- er an emergency situation exists. 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. 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. § 136q. Storage, disposal, transportation, and re- call (a) Storage, disposal, and transportation (1) Data requirements and registration of pes- ticides The Administrator may require under sec- tion 136a or 136d of this title that— (A) the registrant or applicant for reg- istration of a pesticide submit or cite data or information regarding methods for the safe storage and disposal of excess quantities of the pesticide to support the registration or continued registration of a pesticide; (B) the labeling of a pesticide contain re- quirements and procedures for the transpor- tation, storage, and disposal of the pesticide, any container of the pesticide, any rinsate containing the pesticide, or any other mate- rial used to contain or collect excess or spilled quantities of the pesticide; and (C) the registrant of a pesticide provide evidence of sufficient financial and other re- sources to carry out a recall plan under sub- section (b), and provide for the disposition of the pesticide, in the event of suspension and cancellation of the pesticide. (2) Pesticides The Administrator may by regulation, or as part of an order issued under section 136d of this title or an amendment to such an order— (A) issue requirements and procedures to be followed by any person who stores or transports a pesticide the registration of which has been suspended or canceled; (B) issue requirements and procedures to be followed by any person who disposes of stocks of a pesticide the registration of which has been suspended; and (C) issue requirements and procedures for the disposal of any pesticide the registration of which has been canceled. (3) Containers, rinsates, and other materials The Administrator may by regulation, or as part of an order issued under section 136d of this title or an amendment to such an order— (A) issue requirements and procedures to be followed by any person who stores or transports any container of a pesticide the registration of which has been suspended or canceled, any rinsate containing the pes- ticide, or any other material used to contain or collect excess or spilled quantities of the pesticide; (B) issue requirements and procedures to be followed by any person who disposes of stocks of any container of a pesticide the registration of which has been suspended, any rinsate containing the pesticide, or any other material used to contain or collect ex- cess or spilled quantities of the pesticide; and (C) issue requirements and procedures for the disposal of any container of a pesticide Page 264 TITLE 7—AGRICULTURE § 136q the registration of which has been canceled, any rinsate containing the pesticide, or any other material used to contain or collect ex- cess or spilled quantities of the pesticide. (4) Container recycling The Secretary may promulgate a regulation for the return and recycling of disposable pes- ticide containers used for the distribution or sale of registered pesticide products in inter- state commerce. Any such regulation requir- ing recycling of disposable pesticide con- tainers shall not apply to antimicrobial pes- ticides (as defined in section 136 of this title) or other pesticide products intended for non- agricultural uses. (b) Recalls (1) In general If the registration of a pesticide has been suspended and canceled under section 136d of this title, and if the Administrator finds that recall of the pesticide is necessary to protect health or the environment, the Administrator shall order a recall of the pesticide in accord- ance with this subsection. (2) Voluntary recall If, after determining under paragraph (1) that a recall is necessary, the Administrator finds that voluntary recall by the registrant and others in the chain of distribution may be as safe and effective as a mandatory recall, the Administrator shall request the registrant of the pesticide to submit, within 60 days of the request, a plan for the voluntary recall of the pesticide. If such a plan is requested and submitted, the Administrator shall approve the plan and order the registrant to conduct the recall in accordance with the plan unless the Administrator determines, after an infor- mal hearing, that the plan is inadequate to protect health or the environment. (3) Mandatory recall If, after determining under paragraph (1) that a recall is necessary, the Administrator does not request the submission of a plan under paragraph (2) or finds such a plan to be inadequate, the Administrator shall issue a regulation that prescribes a plan for the recall of the pesticide. A regulation issued under this paragraph may apply to any person who is or was a registrant, distributor, or seller of the pesticide, or any successor in interest to such a person. (4) Recall procedure A regulation issued under this subsection may require any person that is subject to the regulation to— (A) arrange to make available one or more storage facilities to receive and store the pesticide to which the recall program ap- plies, and inform the Administrator of the location of each such facility; (B) accept and store at such a facility those existing stocks of such pesticide that are tendered by any other person who ob- tained the pesticide directly or indirectly from the person that is subject to such regu- lation; (C) on the request of a person making such a tender, provide for proper transportation of the pesticide to a storage facility; and (D) take such reasonable steps as the regu- lation may prescribe to inform persons who may be holders of the pesticide of the terms of the recall regulation and how those per- sons may tender the pesticide and arrange for transportation of the pesticide to a stor- age facility. (5) Contents of recall plan A recall plan established under this sub- section shall include— (A) the level in the distribution chain to which the recall is to extend, and a schedule for recall; and (B) the means to be used to verify the ef- fectiveness of the recall. (6) Requirements or procedures No requirement or procedure imposed in ac- cordance with paragraph (2) of subsection (a) may require the recall of existing stocks of the pesticide except as provided by this sub- section. (c) Storage costs (1) Submission of plan A registrant who wishes to become eligible for reimbursement of storage costs incurred as a result of a recall prescribed under subsection (b) for a pesticide whose registration has been suspended and canceled shall, as soon as prac- ticable after the suspension of the registration of the pesticide, submit to the Administrator a plan for the storage and disposal of the pes- ticide that meets criteria established by the Administrator by regulation. (2) Reimbursement Within a reasonable period of time after such storage costs are incurred and paid by the registrant, the Administrator shall reim- burse the registrant, on request, for— (A) none of the costs incurred by the reg- istrant before the date of submission of the plan referred to in paragraph (1) to the Ad- ministrator; (B) 100 percent of the costs incurred by the registrant after the date of submission of the plan to the Administrator or the date of can- cellation of the registration of the pesticide, whichever is later, but before the approval of the plan by the Administrator; (C) 50 percent of the costs incurred by the registrant during the 1-year period begin- ning on the date of the approval of the plan by the Administrator or the date of can- cellation of the registration of the pesticide, whichever is later; (D) none of the costs incurred by the reg- istrant during the 3-year period beginning on the 366th day following approval of the plan by the Administrator or the date of can- cellation of the registration of the pesticide, whichever is later; and (E) 25 percent of the costs incurred by the registrant during the period beginning on the first day of the 5th year following the date of the approval of the plan by the Ad- ministrator or the date of cancellation of Page 265 TITLE 7—AGRICULTURE § 136q the registration of the pesticide, whichever is later, and ending on the date that a dis- posal permit for the pesticide is issued by a State or an alternative plan for disposal of the pesticide in accordance with applicable law has been developed. (d) Administration of storage, disposal, transpor- tation, and recall programs (1) Voluntary agreements Nothing in this section shall be construed as preventing or making unlawful any agreement between a seller and a buyer of any pesticide or other substance regarding the ultimate al- location of the costs of storage, transpor- tation, or disposal of a pesticide. (2) Rule and regulation review Section 136w(a)(4) of this title shall not apply to any regulation issued under sub- section (a)(2) or (b). (3) Limitations No registrant shall be responsible under this section for a pesticide the registration of which is held by another person. No dis- tributor or seller shall be responsible under this section for a pesticide that the distributor or seller did not hold or sell. (4) Seizure and penalties If the Administrator finds that a person who is subject to a regulation or order under sub- section (a)(2) or (b) has failed substantially to comply with that regulation or order, the Ad- ministrator may take action under section 136k or 136l of this title or obtain injunctive relief under section 136n(c) of this title against such person or any successor in interest of any such person. (e) Container design (1) Procedures (A) Not later than 3 years after the effective date of this subsection, the Administrator shall, in consultation with the heads of other interested Federal agencies, promulgate regu- lations for the design of pesticide containers that will promote the safe storage and dis- posal of pesticides. (B) The regulations shall ensure, to the full- est extent practicable, that the containers— (i) accommodate procedures used for the removal of pesticides from the containers and the rinsing of the containers; (ii) facilitate the safe use of the con- tainers, including elimination of splash and leakage of pesticides from the containers; (iii) facilitate the safe disposal of the con- tainers; and (iv) facilitate the safe refill and reuse of the containers. (2) Compliance The Administrator shall require compliance with the regulations referred to in paragraph (1) not later than 5 years after the effective date of this subsection. (f) Pesticide residue removal (1) Procedures (A) Not later than 3 years after the effective date of this subsection, the Administrator shall, in consultation with the heads of other interested Federal agencies, promulgate regu- lations prescribing procedures and standards for the removal of pesticides from containers prior to disposal. (B) The regulations may— (i) specify, for each major type of pesticide container, procedures and standards pro- viding for, at a minimum, triple rinsing or the equivalent degree of pesticide removal; (ii) specify procedures that can be imple- mented promptly and easily in various cir- cumstances and conditions; (iii) provide for reuse, whenever prac- ticable, or disposal of rinse water and res- idue; and (iv) be coordinated with requirements for the rinsing of containers imposed under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (C) The Administrator may, at the discre- tion of the Administrator, exempt products in- tended solely for household use from the re- quirements of this subsection. (2) Compliance Effective beginning 5 years after the effec- tive date of this subsection, a State may not exercise primary enforcement responsibility under section 136w–1 of this title, or certify an applicator under section 136i of this title, un- less the Administrator determines that the State is carrying out an adequate program to ensure compliance with this subsection. (3) Solid Waste Disposal Act Nothing in this subsection shall affect the authorities or requirements concerning pes- ticide containers under the Solid Waste Dis- posal Act (42 U.S.C. 6901). (g) Pesticide container study (1) Study (A) The Administrator shall conduct a study of options to encourage or require— (i) the return, refill, and reuse of pesticide containers; (ii) the development and use of pesticide formulations that facilitate the removal of pesticide residues from containers; and (iii) the use of bulk storage facilities to re- duce the number of pesticide containers re- quiring disposal. (B) In conducting the study, the Adminis- trator shall— (i) consult with the heads of other inter- ested Federal agencies, State agencies, in- dustry groups, and environmental organiza- tions; and (ii) assess the feasibility, costs, and envi- ronmental benefits of encouraging or requir- ing various measures or actions. (2) Report Not later than 2 years after the effective date of this subsection, the Administrator shall submit to Congress a report describing the results of the study required under para- graph (1). Page 266 TITLE 7—AGRICULTURE § 136r 1 So in original. Probably should be ‘‘incidental’’. (h) Relationship to Solid Waste Disposal Act (1) In general Nothing in this section shall diminish the authorities or requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (2) Antimicrobial products A household, industrial, or institutional antimicrobial product that is not subject to regulation under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) shall not be subject to the provisions of subsections (a), (e), and (f), unless the Administrator determines that such product must be subject to such provisions to prevent an unreasonable adverse effect on the environment. (June 25, 1947, ch. 125, § 19, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 995; amended Pub. L. 95–396, § 19, Sept. 30, 1978, 92 Stat. 833; Pub. L. 100–532, title IV, §§ 401–403, title VIII, § 801(q)(1)(D), Oct. 25, 1988, 102 Stat. 2669, 2672, 2683; Pub. L. 104–170, title II, § 225, Aug. 3, 1996, 110 Stat. 1507; Pub. L. 110–234, title XIV, § 14209(b), May 22, 2008, 122 Stat. 1463; Pub. L. 110–246, § 4(a), title XIV, § 14209(b), June 18, 2008, 122 Stat. 1664, 2225.) Editorial Notes REFERENCES IN TEXT The effective date of this subsection, referred to in subsecs. (e), (f)(1)(A), (2), and (g)(2), is 60 days after Oct. 25, 1988, the effective date of Pub. L. 100–532. See Effec- tive Date of 1988 Amendment note below. The Solid Waste Disposal Act, referred to in subsecs. (f)(1)(B)(iv), (3) and (h), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (a)(4). Pub. L. 110–246, § 14209(b), added par. (4). 1996—Subsec. (h). Pub. L. 104–170 designated existing provisions as par. (1), inserted heading, and added par. (2). 1988—Pub. L. 100–532, § 401, amended section generally, in subsec. (a) substituting provisions which related to storage, disposal, and transportation, for provisions which directed Secretary to establish procedures for disposal or storage, in subsec. (b) substituting provi- sions which related to recalls, for provisions which di- rected Administrator to provide advice to Secretary of Transportation, in subsec. (c) substituting provisions which related to storage costs, for provisions which re- lated to disposal of unused quantities, and adding sub- sec. (d). Subsec. (a)(3). Pub. L. 100–532, § 402, added par. (3). Subsecs. (e), (f). Pub. L. 100–532, § 403, added subsecs. (e) and (f). Subsec. (f)(2). Pub. L. 100–532, § 801(q)(1)(D), sub- stituted ‘‘136i’’ for ‘‘136b’’. Subsecs. (g), (h). Pub. L. 100–532, § 403, added subsecs. (g) and (h). 1978—Subsec. (c). Pub. L. 95–396 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. 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. § 136r. Research and monitoring (a) Research The Administrator shall undertake research including research by grant or contract with other Federal agencies, universities, or others as may be necessary to carry out the purposes of this subchapter, and the Administrator shall conduct research into integrated pest manage- ment in coordination with the Secretary of Ag- riculture. The Administrator shall also take care to ensure that such research does not dupli- cate research being undertaken by any other Federal agency. (b) National monitoring plan The Administrator shall formulate and peri- odically revise, in cooperation with other Fed- eral, State, or local agencies, a national plan for monitoring pesticides. (c) Monitoring The Administrator shall undertake such moni- toring activities, including, but not limited to monitoring in air, soil, water, man, plants, and animals, as may be necessary for the implemen- tation of this subchapter and of the national pesticide monitoring plan. The Administrator shall establish procedures for the monitoring of man and animals and their environment for incidential 1 pesticide exposure, including, but not limited to, the quantification of incidental human and environmental pesticide pollution and the secular trends thereof, and identifica- tion of the sources of contamination and their relationship to human and environmental ef- fects. Such activities shall be carried out in co- operation with other Federal, State, and local agencies. (June 25, 1947, ch. 125, § 20, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 996; amended Pub. L. 95–396, § 20, Sept. 30, 1978, 92 Stat. 834; Pub. L. 102–237, title X, § 1006(a)(10), (b)(1), Dec. 13, 1991, 105 Stat. 1895.) Editorial Notes AMENDMENTS 1991—Subsec. (a). Pub. L. 102–237 substituted ‘‘ensure’’ for ‘‘insure’’ and ‘‘the Administrator’’ for ‘‘he’’ before ‘‘shall conduct’’. 1978—Subsec. (a). Pub. L. 95–396, § 20(1), substituted in first sentence ‘‘shall conduct research into integrated