7 U.S.C. § 136p — Exemption of Federal and State agencies

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