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

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 Page 270 TITLE 7—AGRICULTURE § 136w the issuance of any proposed or final regula- tion, publish such notification in the Fed- eral Register. (3) Congressional committees At such time as the Administrator is re- quired under paragraph (2) of this subsection to provide the Secretary of Agriculture with a copy of proposed regulations and a copy of the final form of regulations, the Administrator shall also furnish a copy of such regulations to the Committee on Agriculture of the House of Representatives and the Committee on Agri- culture, Nutrition, and Forestry of the Senate. (4) Congressional review of regulations Simultaneously with the promulgation of any rule or regulation under this subchapter, the Administrator shall transmit a copy thereof to the Secretary of the Senate and the Clerk of the House of Representatives. The rule or regulation shall not become effective until the passage of 60 calendar days after the rule or regulation is so transmitted. (b) Exemption of pesticides The Administrator may exempt from the re- quirements of this subchapter by regulation any pesticide which the Administrator determines either (1) to be adequately regulated by another Federal agency, or (2) to be of a character which is unnecessary to be subject to this subchapter in order to carry out the purposes of this sub- chapter. (c) Other authority The Administrator, after notice and oppor- tunity for hearing, is authorized— (1) to declare a pest any form of plant or ani- mal life (other than man and other than bac- teria, virus, and other micro-organisms on or in living man or other living animals) which is injurious to health or the environment; (2) to determine any pesticide which con- tains any substance or substances in quan- tities highly toxic to man; (3) to establish standards (which shall be consistent with those established under the authority of the Poison Prevention Packaging Act (Public Law 91–601) [15 U.S.C. 1471 et seq.]) with respect to the package, container, or wrapping in which a pesticide or device is en- closed for use or consumption, in order to pro- tect children and adults from serious injury or illness resulting from accidental ingestion or contact with pesticides or devices regulated by this subchapter as well as to accomplish the other purposes of this subchapter; (4) to specify those classes of devices which shall be subject to any provision of section 136(q)(1) or section 136e of this title upon the Administrator’s determination that applica- tion of such provision is necessary to effec- tuate the purposes of this subchapter; (5) to prescribe regulations requiring any pesticide to be colored or discolored if the Ad- ministrator determines that such requirement is feasible and is necessary for the protection of health and the environment; and (6) to determine and establish suitable names to be used in the ingredient statement. (d) Scientific advisory panel (1) In general The Administrator shall submit to an advi- sory panel for comment as to the impact on health and the environment of the action pro- posed in notices of intent issued under section 136d(b) of this title and of the proposed and final form of regulations issued under sub- section (a) within the same time periods as provided for the comments of the Secretary of Agriculture under such section 136d(b) and subsection (a) of this section. The time re- quirements for notices of intent and proposed and final forms of regulation may not be modi- fied or waived unless in addition to meeting the requirements of section 136d(b) of this title or subsection (a) of this section, as applicable, the advisory panel has failed to comment on the proposed action within the prescribed time period or has agreed to the modification or waiver. The Administrator shall also solicit from the advisory panel comments, evalua- tions, and recommendations for operating guidelines to improve the effectiveness and quality of scientific analyses made by per- sonnel of the Environmental Protection Agen- cy that lead to decisions by the Administrator in carrying out the provisions of this sub- chapter. The comments, evaluations, and rec- ommendations of the advisory panel sub- mitted under this subsection and the response of the Administrator shall be published in the Federal Register in the same manner as pro- vided for publication of the comments of the Secretary of Agriculture under such sections. The chairman of the advisory panel, after con- sultation with the Administrator, may create temporary subpanels on specific projects to as- sist the full advisory panel in expediting and preparing its evaluations, comments, and rec- ommendations. The subpanels may be com- posed of scientists other than members of the advisory panel, as deemed necessary for the purpose of evaluating scientific studies relied upon by the Administrator with respect to proposed action. Such additional scientists shall be selected by the advisory panel. The panel referred to in this subsection shall con- sist of 7 members appointed by the Adminis- trator from a list of 12 nominees, 6 nominated by the National Institutes of Health and 6 by the National Science Foundation, utilizing a system of staggered terms of appointment. Members of the panel shall be selected on the basis of their professional qualifications to as- sess the effects of the impact of pesticides on health and the environment. To the extent feasible to insure multidisciplinary represen- tation, the panel membership shall include representation from the disciplines of toxi- cology, pathology, environmental biology, and related sciences. If a vacancy occurs on the panel due to expiration of a term, resignation, or any other reason, each replacement shall be selected by the Administrator from a group of 4 nominees, 2 submitted by each of the nomi- nating entities named in this subsection. The Administrator may extend the term of a panel member until the new member is appointed to fill the vacancy. If a vacancy occurs due to Page 271 TITLE 7—AGRICULTURE § 136w resignation, or reason other than expiration of a term, the Administrator shall appoint a member to serve during the unexpired term utilizing the nomination process set forth in this subsection. Should the list of nominees provided under this subsection be unsatisfac- tory, the Administrator may request an addi- tional set of nominees from the nominating entities. The Administrator may require such information from the nominees to the advi- sory panel as the Administrator deems nec- essary, and the Administrator shall publish in the Federal Register the name, address, and professional affiliations of each nominee. Each member of the panel shall receive per diem compensation at a rate not in excess of that fixed for GS–18 of the General Schedule as may be determined by the Administrator, except that any such member who holds another of- fice or position under the Federal Government the compensation for which exceeds such rate may elect to receive compensation at the rate provided for such other office or position in lieu of the compensation provided by this sub- section. In order to assure the objectivity of the advisory panel, the Administrator shall promulgate regulations regarding conflicts of interest with respect to the members of the panel. The advisory panel established under this section shall be permanent. In performing the functions assigned by this subchapter, the panel shall consult and coordinate its activi- ties with the Science Advisory Board estab- lished under the Environmental Research, De- velopment, and Demonstration Authorization Act of 1978 [42 U.S.C. 4365]. Whenever the Ad- ministrator exercises authority under section 136d(c) of this title to immediately suspend the registration of any pesticide to prevent an imminent hazard, the Administrator shall promptly submit to the advisory panel for comment, as to the impact on health and the environment, the action taken to suspend the registration of such pesticide. (2) Science Review Board There is established a Science Review Board to consist of 60 scientists who shall be avail- able to the Scientific Advisory Panel to assist in reviews conducted by the Panel. Members of the Board shall be selected in the same man- ner as members of temporary subpanels cre- ated under paragraph (1). Members of the Board shall be compensated in the same man- ner as members of the Panel. (e) Peer review The Administrator shall, by written proce- dures, provide for peer review with respect to the design, protocols, and conduct of major sci- entific studies conducted under this subchapter by the Environmental Protection Agency or by any other Federal agency, any State or political subdivision thereof, or any institution or indi- vidual under grant, contract, or cooperative agreement from or with the Environmental Pro- tection Agency. In such procedures, the Admin- istrator shall also provide for peer review, using the advisory panel established under subsection (d) of this section or appropriate experts ap- pointed by the Administrator from a current list of nominees maintained by such panel, with re- spect to the results of any such scientific stud- ies relied upon by the Administrator with re- spect to actions the Administrator may take re- lating to the change in classification, suspen- sion, or cancellation of a pesticide. Whenever the Administrator determines that cir- cumstances do not permit the peer review of the results of any such scientific study prior to the Administrator’s exercising authority under sec- tion 136d(c) of this title to immediately suspend the registration of any pesticide to prevent an imminent hazard, the Administrator shall promptly thereafter provide for the conduct of peer review as provided in this sentence. The evaluations and relevant documentation consti- tuting the peer review that relate to the pro- posed scientific studies and the results of the completed scientific studies shall be included in the submission for comment forwarded by the Administrator to the advisory panel as provided in subsection (d). As used in this subsection, the term ‘‘peer review’’ shall mean an independent evaluation by scientific experts, either within or outside the Environmental Protection Agency, in the appropriate disciplines. (June 25, 1947, ch. 125, § 25, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 997; amended Pub. L. 94–140, §§ 2(a), 6, 7, Nov. 28, 1975, 89 Stat. 751, 753; Pub. L. 95–396, § 23, Sept. 30, 1978, 92 Stat. 836; Pub. L. 96–539, §§ 1, 2(a), 4, Dec. 17, 1980, 94 Stat. 3194, 3195; Pub. L. 98–201, § 1, Dec. 2, 1983, 97 Stat. 1379; Pub. L. 98–620, title IV, § 402(4)(D), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 100–352, § 6(i), June 27, 1988, 102 Stat. 664; Pub. L. 100–532, title VI, §§ 602, 605, title VIII, § 801(n), Oct. 25, 1988, 102 Stat. 2678, 2679, 2683; Pub. L. 102–237, title X, § 1006(b)(1), (2), Dec. 13, 1991, 105 Stat. 1895; Pub. L. 104–170, title I, § 104, title II, § 235, Aug. 3, 1996, 110 Stat. 1490, 1509.) Editorial Notes REFERENCES IN TEXT The Poison Prevention Packaging Act, referred to in subsec. (c)(3), probably means the Poison Prevention Packaging Act of 1970, Pub. L. 91–601, Dec. 30, 1970, 84 Stat. 1670, which is classified principally to chapter 39A (§ 1471 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1471 of Title 15, and Tables. References in subsec. (c)(4) to ‘‘section 136(q)(1)’’ was, in the original, a reference to ‘‘paragraph 2(q)(1)’’ and has been editorially translated as ‘‘section 136(q)(1)’’ as the probable intent of Congress. The Environmental Research, Development, and Demonstration Authorization Act of 1978, referred to in subsec. (d), is Pub. L. 95–155, Nov. 8, 1977, 91 Stat. 1257. Provisions of the Act establishing the Science Advisory Board are classified to section 4365 of Title 42, The Pub- lic Health and Welfare. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–170, § 235, inserted ‘‘, including public health pesticides,’’ after ‘‘various classes of pesticides’’ and substituted ‘‘, nonagricultural, and public health pesticides’’ for ‘‘and nonagricultural pesticides’’. Subsec. (d). Pub. L. 104–170, § 104, designated existing text as par. (1), inserted heading, and added par. (2). 1991—Subsec. (a)(3). Pub. L. 102–237, § 1006(b)(1), sub- stituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘shall’’. Subsec. (b). Pub. L. 102–237, § 1006(b)(1), substituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘determines’’. Page 272 TITLE 7—AGRICULTURE § 136w Subsec. (c)(4). Pub. L. 102–237, § 1006(b)(2), substituted ‘‘the Administrator’s’’ for ‘‘his’’. Subsec. (c)(5). Pub. L. 102–237, § 1006(b)(1), substituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘determines’’. Subsec. (d). Pub. L. 102–237, § 1006(b)(1), substituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘deems nec- essary’’ and before ‘‘shall publish’’. 1988—Subsec. (a). Pub. L. 100–532, § 801(n)(1), amended heading and directed that pars. (1) to (3) be aligned at left margin with subsec. (c)(1), and that subpars. (A) to (D) of par. (2) be indented, and in par. (3) substituted ‘‘Committee on Agriculture, Nutrition, and Forestry’’ for ‘‘Committee on Agriculture and Forestry’’. Subsec. (a)(4). Pub. L. 100–532, § 605, amended par. (4) generally, substituting single unlettered par. (4) for former subpars. (A) to (E). Pub. L. 100–352, in subpar. (E), struck out ‘‘(i)’’ before ‘‘Any interested’’ and struck out cl. (ii) which provided that notwithstanding any other provision of law, any decision on a matter certified under cl. (i) of this sub- paragraph be reviewable by appeal directly to the Su- preme Court of the United States, with such appeal to be brought not later than 20 days after the decision of the court of appeals. Subsec. (d). Pub. L. 100–532, § 602, substituted ‘‘section shall be permanent’’ for ‘‘subsection shall terminate September 30, 1987’’. Subsec. (e). Pub. L. 100–532, § 801(n)(2), substituted ‘‘pesticide. Whenever’’ for ‘‘pesticide: Provided, That whenever’’. 1984—Subsec. (a)(4)(E)(iii). Pub. L. 98–620 struck out cl. (iii) requiring the court of appeals and the Supreme Court to advance on the docket and expedite the dis- position of any matter certified under cl. (i) of this sub- paragraph. 1983—Subsec. (d). Pub. L. 98–201 in fourth sentence, inserted ‘‘under this subsection’’ after ‘‘submitted’’; in eighth sentence, provided for utilization of a system of staggered terms of appointment and substituted ‘‘7’’ and ‘‘6’’ for ‘‘seven’’ and ‘‘six’’, respectively, and in- serted ninth through fourteenth sentences respecting basis for selection of members, multidisciplinary rep- resentation, appointments to fill vacancies, extension of term pending filling of vacancies, appointment for unexpired term, and request for additional set of nomi- nees from nominating entities; and in present eight- eenth, formerly twelfth sentence, extended termination date to Sept. 30, 1987, from Sept. 30, 1981. 1980—Subsec. (a)(4). Pub. L. 96–539, § 4, added par. (4). Subsec. (d). Pub. L. 96–539, § 1, inserted provisions re- lating to composition of subpanels and submissions to advisory panels respecting registration suspensions. Subsec. (e). Pub. L. 96–539, § 2(a), added subsec. (e). 1978—Subsec. (a)(1). Pub. L. 95–396, § 23(1), required regulations to take into account differences in environ- mental risk and appropriate data for evaluating such risk between agricultural and nonagricultural pes- ticides. Subsec. (a)(2)(B). Pub. L. 95–396, § 23(2), required the Administrator, before taking any final action, to con- sider certain factors bearing on the agricultural econ- omy and to publish an analysis of the effect in the Fed- eral Register. Subsec. (d). Pub. L. 95–396, § 23(3), (4), required the Ad- ministrator to solicit operating guidelines from the sci- entific advisory panel to improve scientific analyses made by personnel of the Environmental Protection Agency that lead to decisions by the Administrator in carrying out this subchapter; extended requirement of publication in the Federal Register to evaluations and recommendations of the advisory panel; authorized cre- ation of temporary subpanels on specific projects to as- sist in accelerating the work of the advisory panel; set forth Sept. 30, 1981, as the termination date of the advi- sory panel; and required the panel to consult and co- ordinate its activities with the Science Advisory Board established under section 4365 of title 42. 1975—Subsec. (a)(1). Pub. L. 94–140, § 2(a)(1), (2), redes- ignated existing provision as subsec. (a)(1) and inserted ‘‘, in accordance with the procedure described in para- graph (2),’’ after ‘‘is authorized’’. Subsec. (a)(2). Pub. L. 94–140, § 2(a)(3), added par. (2). Subsec. (a)(3). Pub. L. 94–140, § 6, added par. (3). Subsec. (d). Pub. L. 94–140, § 7, added subsec. (d). 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. Amendment by Pub. L. 100–352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such effec- tive date or affect right to review or manner of review- ing judgment or decree of court which was entered be- fore such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of Title 28, Judici- ary and Judicial Procedure. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–539, § 2(b), Dec. 17, 1980, 94 Stat. 3195, pro- vided that: ‘‘The provisions of this section [amending this section] shall become effective upon publication in the Federal Register of final procedures for peer review as provided in this section, but in no event shall such provisions become effective later than one year after the date of enactment of this Act [Dec. 17, 1980].’’ 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. INFORMATION Pub. L. 117–328, div. HH, title VI, § 707, Dec. 29, 2022, 136 Stat. 6082, provided that: ‘‘Not later than 180 days after the date of enactment of this title [Dec. 29, 2022], the Administrator of the Environmental Protection Agency shall post on a single webpage of the website of the Environmental Protection Agency aggregated in- formation on pesticide regulation under the Federal In- secticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), including— ‘‘(1) all guidance relating to risk assessment, risk mitigation, benefits assessments, and cost-benefit balancing; ‘‘(2) hyperlinks to resources, including the Depart- ment of Agriculture’s ‘national list of allowed and prohibited substances’ for organic crop and livestock production; ‘‘(3) biopesticides and pesticides exempt pursuant to section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(b)); and ‘‘(4) integrated pest management principles devel- oped under section 28(c) of such Act (7 U.S.C. 136w–3(c)), including technical assistance for imple- mentation of those principles.’’ AGRICULTURAL WORKER PROTECTION STANDARD; CERTIFICATION OF PESTICIDE APPLICATORS Pub. L. 116–8, § 7(a), (b), Mar. 8, 2019, 133 Stat. 578, pro- vided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), during the period beginning on the date of enact- Page 273 TITLE 7—AGRICULTURE § 136w–2 ment of this Act [Mar. 8, 2019] and ending not earlier than October 1, 2021, the Administrator of the Environ- mental Protection Agency (referred to in this section as the ‘Administrator’)— ‘‘(1) shall carry out— ‘‘(A) the final rule of the Administrator entitled ‘Pesticides; Agricultural Worker Protection Stand- ard Revisions’ (80 Fed. Reg. 67496 (November 2, 2015)); and ‘‘(B) the final rule of the Administrator entitled ‘Pesticides; Certification of Pesticide Applicators’ (82 Fed. Reg. 952 (January 4, 2017)); and ‘‘(2) shall not revise or develop revisions to the rules described in subparagraphs (A) and (B) of para- graph (1). ‘‘(b) EXCEPTIONS.—Prior to October 1, 2021, the Ad- ministrator may propose, and after a notice and public comment period of not less than 90 days, promulgate revisions to the final rule described in subsection (a)(1)(A) addressing application exclusion zones under part 170 of title 40, Code of Federal Regulations, con- sistent with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).’’ USER FEES Pub. L. 101–508, title I, § 1204(e), Nov. 5, 1990, 104 Stat. 1388–11, provided that: ‘‘Notwithstanding any provision of the Omnibus Budget Reconciliation Act of 1990 [Pub. L. 101–508, see Tables for classification], nothing in this title or the other provisions of this Act shall be con- strued to require or authorize the Administrator of the Environmental Protection Agency to assess or collect any fees or charges for services and activities author- ized under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).’’ § 136w–1. State primary enforcement responsi- bility (a) In general For the purposes of this subchapter, a State shall have primary enforcement responsibility for pesticide use violations during any period for which the Administrator determines that such State— (1) has adopted adequate pesticide use laws and regulations, except that the Adminis- trator may not require a State to have pes- ticide use laws that are more stringent than this subchapter; (2) has adopted and is implementing ade- quate procedures for the enforcement of such State laws and regulations; and (3) will keep such records and make such re- ports showing compliance with paragraphs (1) and (2) of this subsection as the Administrator may require by regulation. (b) Special rules Notwithstanding the provisions of subsection (a) of this section, any State that enters into a cooperative agreement with the Administrator under section 136u of this title for the enforce- ment of pesticide use restrictions shall have the primary enforcement responsibility for pesticide use violations. Any State that has a plan ap- proved by the Administrator in accordance with the requirements of section 136i of this title that the Administrator determines meets the criteria set out in subsection (a) of this section shall have the primary enforcement responsibility for pesticide use violations. The Administrator shall make such determinations with respect to State plans under section 136i of this title in ef- fect on September 30, 1978, not later than six months after that date. (c) Administrator The Administrator shall have primary en- forcement responsibility for those States that do not have primary enforcement responsibility under this subchapter. Notwithstanding the pro- visions of section 136(e)(1) of this title, during any period when the Administrator has such en- forcement responsibility, section 136f(b) of this title shall apply to the books and records of commercial applicators and to any applicator who holds or applies pesticides, or uses dilutions of pesticides, only to provide a service of con- trolling pests without delivering any unapplied pesticide to any person so served, and section 136g(a) of this title shall apply to the establish- ment or other place where pesticides or devices are held for application by such persons with re- spect to pesticides or devices held for such appli- cation. (June 25, 1947, ch. 125, § 26, as added Pub. L. 95–396, § 24(2), Sept. 30, 1978, 92 Stat. 836; amended Pub. L. 100–532, title VIII, § 801(o), (q)(1)(D), Oct. 25, 1988, 102 Stat. 2683; Pub. L. 102–237, title X, § 1006(a)(11), Dec. 13, 1991, 105 Stat. 1895.) Editorial Notes PRIOR PROVISIONS A prior section 26 of act June 25, 1947, ch. 125, was re- numbered section 34 and is classified to section 136x of this title. AMENDMENTS 1991—Subsec. (c). Pub. L. 102–237 substituted ‘‘uses’’ for ‘‘use’’. 1988—Subsec. (a). Pub. L. 100–532, § 801(o)(1), (2), in- serted heading and substituted ‘‘regulations. The Ad- ministrator’’ for ‘‘regulations; Provided, That the Ad- ministrator’’ in par. (1). Subsec. (b). Pub. L. 100–532, § 801(o)(3), (q)(1)(D), in- serted heading and substituted ‘‘136i’’ for ‘‘136b’’ in two places. Subsec. (c). Pub. L. 100–532, § 801(o)(4), inserted head- ing. 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. § 136w–2. Failure by the State to assure enforce- ment of State pesticide use regulations (a) Referral Upon receipt of any complaint or other infor- mation alleging or indicating a significant vio- lation of the pesticide use provisions of this sub- chapter, the Administrator shall refer the mat- ter to the appropriate State officials for their investigation of the matter consistent with the requirements of this subchapter. If, within thir- ty days, the State has not commenced appro- priate 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 responsi- bility for pesticide use violations is not carrying out (or cannot carry out due to the lack of ade-