7 U.S.C. § 136b — Transferred

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