7 U.S.C. § 136c — Experimental use permits

Page 243 TITLE 7—AGRICULTURE § 136c tion] (including the amendments made by this section) and a joint resolution making continuing appropria- tions for fiscal year 2013 (including any amendments made by such a joint resolution), this section and the amendments made by this section shall control.’’ ADJUSTMENT OF MAXIMUM ANNUAL FEE PAYABLE BY PESTICIDE REGISTRANTS Pub. L. 108–11, title II, Apr. 16, 2003, 117 Stat. 603, pro- vided that: ‘‘Within 30 days of enactment of this Act [Apr. 16, 2003], the Administrator of the Environmental Protection Agency shall adjust each ‘maximum annual fee payable’ pursuant to 7 U.S.C. 136a–1(i)(5)(D) and (E) in a manner such that maintenance fee collections made to reach the level authorized in division K of Pub- lic Law 108–7 [see Tables for classification] shall be es- tablished in the same proportion as those maintenance fee collections authorized in Public Law 107–73 [see Ta- bles for classification].’’ § 136b. Transferred Editorial Notes CODIFICATION Section, act June 25, 1947, ch. 125, § 4, as added Oct. 21, 1972, Pub. L. 92–516, § 2, 86 Stat. 983; amended Nov. 28, 1975, Pub. L. 94–140, §§ 5, 11, 89 Stat. 753, 754; Sept. 30, 1978, Pub. L. 95–396, § 9, 92 Stat. 827; Oct. 25, 1988, Pub. L. 100–532, title VIII, § 801(c), (q)(1)(A), (B), 102 Stat. 2681, 2683, which related to use of restricted use pes- ticides and certification of applicators, was transferred to subsecs. (a) to (c) of section 11 of act June 25, 1947, by section 801(q)(1)(A) of Pub. L. 100–532 and is classi- fied to section 136i(a) to (c) of this title. § 136c. Experimental use permits (a) Issuance Any person may apply to the Administrator for an experimental use permit for a pesticide. An application for an experimental use permit for a covered application under section 136w–8(b) of this title shall conform with the requirements of that section. The Administrator shall review the application. After completion of the review, but not later than one hundred and twenty days after receipt of the application and all required supporting data (or in the case of an application for an experimental use permit for a covered ap- plication under section 136w–8(b) of this title, not later than the last day of the applicable timeframe for such application specified in such section), the Administrator shall either issue the permit or notify the applicant of the Admin- istrator’s determination not to issue the permit and the reasons therefor. The applicant may correct the application or request a waiver of the conditions for such permit within thirty days of receipt by the applicant of such notifica- tion. The Administrator may issue an experi- mental use permit only if the Administrator de- termines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under section 136a of this title. An application for an experimental use permit may be filed at any time. (b) Temporary tolerance level If the Administrator determines that the use of a pesticide may reasonably be expected to re- sult in any residue on or in food or feed, the Ad- ministrator may establish a temporary toler- ance level for the residue of the pesticide before issuing the experimental use permit. (c) Use under permit Use of a pesticide under an experimental use permit shall be under the supervision of the Ad- ministrator, and shall be subject to such terms and conditions and be for such period of time as the Administrator may prescribe in the permit. (d) Studies When any experimental use permit is issued for a pesticide containing any chemical or com- bination of chemicals which has not been in- cluded in any previously registered pesticide, the Administrator may specify that studies be conducted to detect whether the use of the pes- ticide under the permit may cause unreasonable adverse effects on the environment. All results of such studies shall be reported to the Adminis- trator before such pesticide may be registered under section 136a of this title. (e) Revocation The Administrator may revoke any experi- mental use permit, at any time, if the Adminis- trator finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse ef- fects on the environment. (f) State issuance of permits Notwithstanding the foregoing provisions of this section, the Administrator shall, under such terms and conditions as the Administrator may by regulations prescribe, authorize any State to issue an experimental use permit for a pesticide. All provisions of section 136i of this title relat- ing to State plans shall apply with equal force to a State plan for the issuance of experimental use permits under this section. (g) Exemption for agricultural research agencies Notwithstanding the foregoing provisions of this section, the Administrator may issue an ex- perimental use permit for a pesticide to any public or private agricultural research agency or educational institution which applies for such permit. Each permit shall not exceed more than a one-year period or such other specific time as the Administrator may prescribe. Such permit shall be issued under such terms and conditions restricting the use of the pesticide as the Ad- ministrator may require. Such pesticide may be used only by such research agency or edu- cational institution for purposes of experimen- tation. (June 25, 1947, ch. 125, § 5, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 983; amended Pub. L. 94–140, § 10, Nov. 28, 1975, 89 Stat. 754; Pub. L. 95–396, § 10, Sept. 30, 1978, 92 Stat. 828; Pub. L. 100–532, title VIII, § 801(d), (q)(1)(D), Oct. 25, 1988, 102 Stat. 2681, 2683; Pub. L. 102–237, title X, § 1006(b)(1), Dec. 13, 1991, 105 Stat. 1895; Pub. L. 116–8, § 4, Mar. 8, 2019, 133 Stat. 487.) Editorial Notes PRIOR PROVISIONS A prior section 5 of act June 25, 1947, was classified to section 135c of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–8 substituted ‘‘permit for a pesticide. An application for an experimental use Page 244 TITLE 7—AGRICULTURE § 136d permit for a covered application under section 136w–8(b) of this title shall conform with the require- ments of that section.’’ for ‘‘permit for a pesticide.’’ and inserted ‘‘(or in the case of an application for an experimental use permit for a covered application under section 136w–8(b) of this title, not later than the last day of the applicable timeframe for such applica- tion specified in such section)’’ after ‘‘all required sup- porting data’’. 1991—Subsecs. (b), (e), (f). Pub. L. 102–237 substituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘may’’ in subsec. (b), before ‘‘finds’’ in subsec. (e), and before ‘‘may’’ in subsec. (f). 1988—Subsec. (f). Pub. L. 100–532, § 801(q)(1)(D), sub- stituted ‘‘136i’’ for ‘‘136b’’. Subsec. (g). Pub. L. 100–532, § 801(d), substituted ‘‘re- quire. Such pesticide’’ for ‘‘require: Provided, That such pesticide’’. 1978—Subsec. (a). Pub. L. 95–396, § 10(1), provided for review of application, issuance or nonissuance of exper- imental use permit within prescribed period including reasons for denial, correction of application, and waiv- er of conditions and substituted provision for filing an application for experimental use permit at any time for prior provision for filing at the time of or before or after an application for registration is filed. Subsec. (f). Pub. L. 95–396, § 10(2), substituted in first sentence ‘‘shall’’ for ‘‘may’’ where first appearing. 1975—Subsec. (g). Pub. L. 94–140 added subsec. (g). 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. § 136d. Administrative review; suspension (a) Existing stocks and information (1) Existing stocks The Administrator may permit the contin- ued sale and use of existing stocks of a pes- ticide whose registration is suspended or can- celed under this section, or section 136a or 136a–1 of this title, to such extent, under such conditions, and for such uses as the Adminis- trator determines that such sale or use is not inconsistent with the purposes of this sub- chapter. (2) Information If at any time after the registration of a pes- ticide the registrant has additional factual in- formation regarding unreasonable adverse ef- fects on the environment of the pesticide, the registrant shall submit such information to the Administrator. (b) Cancellation and change in classification If it appears to the Administrator that a pes- ticide or its labeling or other material required to be submitted does not comply with the provi- sions of this subchapter or, when used in accord- ance with widespread and commonly recognized practice, generally causes unreasonable adverse effects on the environment, the Administrator may issue a notice of the Administrator’s intent either— (1) to cancel its registration or to change its classification together with the reasons (in- cluding the factual basis) for the Administra- tor’s action, or (2) to hold a hearing to determine whether or not its registration should be canceled or its classification changed. Such notice shall be sent to the registrant and made public. In determining whether to issue any such notice, the Administrator shall include among those factors to be taken into account the impact of the action proposed in such notice on production and prices of agricultural com- modities, retail food prices, and otherwise on the agricultural economy. At least 60 days prior to sending such notice to the registrant or mak- ing public such notice, whichever occurs first, the Administrator shall provide the Secretary of Agriculture with a copy of such notice and an analysis of such impact on the agricultural economy. If the Secretary comments in writing to the Administrator regarding the notice and analysis within 30 days after receiving them, the Administrator shall publish in the Federal Reg- ister (with the notice) the comments of the Sec- retary 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 notice and analysis within 30 days after receiving them, the Admin- istrator may notify the registrant and make public the notice at any time after such 30-day period notwithstanding the foregoing 60-day time requirement. The time requirements im- posed by the preceding 3 sentences may be waived or modified to the extent agreed upon by the Administrator and the Secretary. Notwith- standing any other provision of this subsection and section 136w(d) of this title, in the event that the Administrator determines that suspen- sion of a pesticide registration is necessary to prevent an imminent hazard to human health, then upon such a finding the Administrator may waive the requirement of notice to and consulta- tion with the Secretary of Agriculture pursuant to this subsection and of submission to the Sci- entific Advisory Panel pursuant to section 136w(d) of this title and proceed in accordance with subsection (c). When a public health use is affected, the Secretary of Health and Human Services should provide available benefits and use information, or an analysis thereof, in ac- cordance with the procedures followed and sub- ject to the same conditions as the Secretary of Agriculture in the case of agricultural pes- ticides. The proposed action shall become final and effective at the end of 30 days from receipt by the registrant, or publication, of a notice issued under paragraph (1), whichever occurs later, unless within that time either (i) the reg- istrant makes the necessary corrections, if pos- sible, or (ii) a request for a hearing is made by a person adversely affected by the notice. In the event a hearing is held pursuant to such a re- quest or to the Administrator’s determination under paragraph (2), a decision pertaining to registration or classification issued after com- pletion of such hearing shall be final. In taking any final action under this subsection, the Ad- ministrator shall consider restricting a pes- ticide’s use or uses as an alternative to cancella- tion and shall fully explain the reasons for these restrictions, and shall include among those fac-