7 U.S.C. § 136d — Administrative review; suspension

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- Page 245 TITLE 7—AGRICULTURE § 136d tors to be taken into account the impact of such final action on production and prices of agricul- tural commodities, retail food prices, and other- wise on the agricultural economy, and the Ad- ministrator shall publish in the Federal Reg- ister an analysis of such impact. (c) Suspension (1) Order If the Administrator determines that action is necessary to prevent an imminent hazard during the time required for cancellation or change in classification proceedings, the Ad- ministrator may, by order, suspend the reg- istration of the pesticide immediately. Except as provided in paragraph (3), no order of sus- pension may be issued under this subsection unless the Administrator has issued, or at the same time issues, a notice of intention to can- cel the registration or change the classifica- tion of the pesticide under subsection (b). Ex- cept as provided in paragraph (3), the Adminis- trator shall notify the registrant prior to issuing any suspension order. Such notice shall include findings pertaining to the ques- tion of ‘‘imminent hazard’’. The registrant shall then have an opportunity, in accordance with the provisions of paragraph (2), for an ex- pedited hearing before the Administrator on the question of whether an imminent hazard exists. (2) Expedite hearing If no request for a hearing is submitted to the Administrator within five days of the reg- istrant’s receipt of the notification provided for by paragraph (1), the suspension order may be issued and shall take effect and shall not be reviewable by a court. If a hearing is re- quested, it shall commence within five days of the receipt of the request for such hearing un- less the registrant and the Administrator agree that it shall commence at a later time. The hearing shall be held in accordance with the provisions of subchapter II of chapter 5 of title 5, except that the presiding officer need not be a certified administrative law judge. The presiding officer shall have ten days from the conclusion of the presentation of evidence to submit recommended findings and conclu- sions to the Administrator, who shall then have seven days to render a final order on the issue of suspension. (3) Emergency order Whenever the Administrator determines that an emergency exists that does not permit the Administrator to hold a hearing before suspending, the Administrator may issue a suspension order in advance of notification to the registrant. The Administrator may issue an emergency order under this paragraph be- fore issuing a notice of intention to cancel the registration or change the classification of the pesticide under subsection (b) and the Admin- istrator shall proceed to issue the notice under subsection (b) within 90 days of issuing an emergency order. If the Administrator does not issue a notice under subsection (b) within 90 days of issuing an emergency order, the emergency order shall expire. In the case of an emergency order, paragraph (2) shall apply ex- cept that (A) the order of suspension shall be in effect pending the expeditious completion of the remedies provided by that paragraph and the issuance of a final order on suspen- sion, and (B) no party other than the reg- istrant and the Administrator shall partici- pate except that any person adversely affected may file briefs within the time allotted by the Agency’s rules. Any person so filing briefs shall be considered a party to such proceeding for the purposes of section 136n(b) of this title. (4) Judicial review A final order on the question of suspension following a hearing shall be reviewable in ac- cordance with section 136n of this title, not- withstanding the fact that any related can- cellation proceedings have not been com- pleted. Any order of suspension entered prior to a hearing before the Administrator shall be subject to immediate review in an action by the registrant or other interested person with the concurrence of the registrant in an appro- priate district court, solely to determine whether the order of suspension was arbitrary, capricious or an abuse of discretion, or wheth- er the order was issued in accordance with the procedures established by law. The effect of any order of the court will be only to stay the effectiveness of the suspension order, pending the Administrator’s final decision with respect to cancellation or change in classification. This action may be maintained simulta- neously with any administrative review pro- ceedings under this section. The commence- ment of proceedings under this paragraph shall not operate as a stay of order, unless or- dered by the court. (d) Public hearings and scientific review In the event a hearing is requested pursuant to subsection (b) or determined upon by the Ad- ministrator pursuant to subsection (b), such hearing shall be held after due notice for the purpose of receiving evidence relevant and ma- terial to the issues raised by the objections filed by the applicant or other interested parties, or to the issues stated by the Administrator, if the hearing is called by the Administrator rather than by the filing of objections. Upon a showing of relevance and reasonable scope of evidence sought by any party to a public hearing, the Hearing Examiner shall issue a subpena to com- pel testimony or production of documents from any person. The Hearing Examiner shall be guid- ed by the principles of the Federal Rules of Civil Procedure in making any order for the protec- tion of the witness or the content of documents produced and shall order the payment of reason- able fees and expenses as a condition to requir- ing testimony of the witness. On contest, the subpena may be enforced by an appropriate United States district court in accordance with the principles stated herein. Upon the request of any party to a public hearing and when in the Hearing Examiner’s judgment it is necessary or desirable, the Hearing Examiner shall at any time before the hearing record is closed refer to a Committee of the National Academy of Sciences the relevant questions of scientific fact involved in the public hearing. No member of any committee of the National Academy of Page 246 TITLE 7—AGRICULTURE § 136d Sciences established to carry out the functions of this section shall have a financial or other conflict of interest with respect to any matter considered by such committee. The Committee of the National Academy of Sciences shall re- port in writing to the Hearing Examiner within 60 days after such referral on these questions of scientific fact. The report shall be made public and shall be considered as part of the hearing record. The Administrator shall enter into ap- propriate arrangements with the National Acad- emy of Sciences to assure an objective and com- petent scientific review of the questions pre- sented to Committees of the Academy and to provide such other scientific advisory services as may be required by the Administrator for carrying out the purposes of this subchapter. As soon as practicable after completion of the hear- ing (including the report of the Academy) but not later than 90 days thereafter, the Adminis- trator shall evaluate the data and reports before the Administrator and issue an order either re- voking the Administrator’s notice of intention issued pursuant to this section, or shall issue an order either canceling the registration, chang- ing the classification, denying the registration, or requiring modification of the labeling or packaging of the article. Such order shall be based only on substantial evidence of record of such hearing and shall set forth detailed find- ings of fact upon which the order is based. (e) Conditional registration (1) The Administrator shall issue a notice of intent to cancel a registration issued under sec- tion 136a(c)(7) of this title if (A) the Adminis- trator, at any time during the period provided for satisfaction of any condition imposed, deter- mines that the registrant has failed to initiate and pursue appropriate action toward fulfilling any condition imposed, or (B) at the end of the period provided for satisfaction of any condition imposed, that condition has not been met. The Administrator may permit the continued sale and use of existing stocks of a pesticide whose conditional registration has been canceled under this subsection to such extent, under such condi- tions, and for such uses as the Administrator may specify if the Administrator determines that such sale or use is not inconsistent with the purposes of this subchapter and will not have unreasonable adverse effects on the envi- ronment. (2) A cancellation proposed under this sub- section shall become final and effective at the end of thirty days from receipt by the registrant of the notice of intent to cancel unless during that time a request for hearing is made by a per- son adversely affected by the notice. If a hearing is requested, a hearing shall be conducted under subsection (d) of this section. The only matters for resolution at that hearing shall be whether the registrant has initiated and pursued appro- priate action to comply with the condition or conditions within the time provided or whether the condition or conditions have been satisfied within the time provided, and whether the Ad- ministrator’s determination with respect to the disposition of existing stocks is consistent with this subchapter. A decision after completion of such hearing shall be final. Notwithstanding any other provision of this section, a hearing shall be held and a determination made within sev- enty-five days after receipt of a request for such hearing. (f) General provisions (1) Voluntary cancellation (A) A registrant may, at any time, request that a pesticide registration of the registrant be canceled or amended to terminate one or more pesticide uses. (B) Before acting on a request under sub- paragraph (A), the Administrator shall publish in the Federal Register a notice of the receipt of the request and provide for a 30-day period in which the public may comment. (C) In the case of a pesticide that is reg- istered for a minor agricultural use, if the Ad- ministrator determines that the cancellation or termination of uses would adversely affect the availability of the pesticide for use, the Administrator— (i) shall publish in the Federal Register a notice of the receipt of the request and make reasonable efforts to inform persons who so use the pesticide of the request; and (ii) may not approve or reject the request until the termination of the 180-day period beginning on the date of publication of the notice in the Federal Register, except that the Administrator may waive the 180-day pe- riod upon the request of the registrant or if the Administrator determines that the con- tinued use of the pesticide would pose an un- reasonable adverse effect on the environ- ment. (D) Subject to paragraph (3)(B), after com- plying with this paragraph, the Administrator may approve or deny the request. (2) Publication of notice A notice of denial of registration, intent to cancel, suspension, or intent to suspend issued under this subchapter or a notice issued under subsection (c)(4) or (d)(5)(A) of section 136a–1 of this title shall be published in the Federal Register and shall be sent by certified mail, return receipt requested, to the registrant’s or applicant’s address of record on file with the Administrator. If the mailed notice is re- turned to the Administrator as undeliverable at that address, if delivery is refused, or if the Administrator otherwise is unable to accom- plish delivery of the notice to the registrant or applicant after making reasonable efforts to do so, the notice shall be deemed to have been received by the registrant or applicant on the date the notice was published in the Fed- eral Register. (3) Transfer of registration of pesticides reg- istered for minor agricultural uses In the case of a pesticide that is registered for a minor agricultural use: (A) During the 180-day period referred to in paragraph (1)(C)(ii), the registrant of the pesticide may notify the Administrator of an agreement between the registrant and a person or persons (including persons who so use the pesticide) to transfer the registra- tion of the pesticide, in lieu of canceling or Page 247 TITLE 7—AGRICULTURE § 136d amending the registration to terminate the use. (B) An application for transfer of registra- tion, in conformance with any regulations the Administrator may adopt with respect to the transfer of the pesticide registrations, must be submitted to the Administrator within 30 days of the date of notification provided pursuant to subparagraph (A). If such an application is submitted, the Ad- ministrator shall approve the transfer and shall not approve the request for voluntary cancellation or amendment to terminate use unless the Administrator determines that the continued use of the pesticide would cause an unreasonable adverse effect on the environment. (C) If the Administrator approves the transfer and the registrant transfers the reg- istration of the pesticide, the Administrator shall not cancel or amend the registration to delete the use or rescind the transfer of the registration, during the 180-day period be- ginning on the date of the approval of the transfer unless the Administrator deter- mines that the continued use of the pes- ticide would cause an unreasonable adverse effect on the environment. (D) The new registrant of the pesticide shall assume the outstanding data and other requirements for the pesticide that are pend- ing at the time of the transfer. (4) Utilization of data for voluntarily canceled pesticide When an application is filed with the Admin- istrator for the registration of a pesticide for a minor use and another registrant subse- quently voluntarily cancels its registration for an identical or substantially similar pes- ticide for an identical or substantially similar use, the Administrator shall process, review, and evaluate the pending application as if the voluntary cancellation had not yet taken place except that the Administrator shall not take such action if the Administrator deter- mines that such minor use may cause an un- reasonable adverse effect on the environment. In order to rely on this subsection, the appli- cant must certify that it agrees to satisfy any outstanding data requirements necessary to support the reregistration of the pesticide in accordance with the data submission schedule established by the Administrator. (g) Notice for stored pesticides with canceled or suspended registrations (1) In general Any producer or exporter of pesticides, reg- istrant of a pesticide, applicant for registra- tion of a pesticide, applicant for or holder of an experimental use permit, commercial appli- cator, or any person who distributes or sells any pesticide, who possesses any pesticide which has had its registration canceled or sus- pended under this section shall notify the Ad- ministrator and appropriate State and local officials of— (A) such possession, (B) the quantity of such pesticide such per- son possesses, and (C) the place at which such pesticide is stored. (2) Copies The Administrator shall transmit a copy of each notice submitted under this subsection to the regional office of the Environmental Pro- tection Agency which has jurisdiction over the place of pesticide storage identified in the no- tice. (h) Judicial review Final orders of the Administrator under this section shall be subject to judicial review pursu- ant to section 136n of this title. (June 25, 1947, ch. 125, § 6, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 984; amended Pub. L. 94–140, § 1, Nov. 28, 1975, 89 Stat. 751; Pub. L. 95–251, § 2(a)(2), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–396, §§ 11, 12, Sept. 30, 1978, 92 Stat. 828; Pub. L. 98–620, title IV, § 402(4)(A), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 100–532, title II, § 201, title IV, § 404, title VIII, § 801(e), (q)(2)(B), Oct. 25, 1988, 102 Stat. 2668, 2673, 2681, 2683; Pub. L. 101–624, title XIV, § 1494, Nov. 28, 1990, 104 Stat. 3628; Pub. L. 102–237, title X, § 1006(a)(5), (b)(1), (2), (3)(C)–(E), Dec. 13, 1991, 105 Stat. 1895, 1896; Pub. L. 104–170, title I, §§ 102, 106(a), title II, §§ 210(g), (h), 233, Aug. 3, 1996, 110 Stat. 1489, 1491, 1500, 1509.) Editorial Notes CODIFICATION ‘‘Subchapter II of chapter 5 of title 5’’, referred to in subsec. (c)(2), was in the original ‘‘subchapter II of Title 5’’, and was editorially changed to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 6 of act June 25, 1947, was classified to section 135d of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–170, § 106(a)(1), sub- stituted ‘‘Existing stocks and information’’ for ‘‘Can- cellation after five years’’ in heading. Subsec. (a)(1). Pub. L. 104–170, § 106(a)(2), amended heading and text generally. Prior to amendment, text read as follows: ‘‘The Administrator shall cancel the registration of any pesticide at the end of the five-year period which begins on the date of its registration (or at the end of any five year period thereafter) unless the registrant, or other interested person with the concur- rence of the registrant, before the end of such period, requests in accordance with regulations prescribed by the Administrator that the registration be continued in effect. The Administrator may permit the continued sale and use of existing stocks of a pesticide whose reg- istration is canceled under this subsection or sub- section (b) of this section to such extent, under such conditions, and for such uses as the Administrator may specify if the Administrator determines that such sale or use is not inconsistent with the purposes of this sub- chapter and will not have unreasonable adverse effects on the environment. The Administrator shall publish in the Federal Register, at least 30 days prior to the expi- ration of such five-year period, notice that the registra- tion will be canceled if the registrant or other inter- ested person with the concurrence of the registrant does not request that the registration be continued in effect.’’ Subsec. (b). Pub. L. 104–170, § 233, inserted ‘‘When a public health use is affected, the Secretary of Health and Human Services should provide available benefits Page 248 TITLE 7—AGRICULTURE § 136e and use information, or an analysis thereof, in accord- ance with the procedures followed and subject to the same conditions as the Secretary of Agriculture in the case of agricultural pesticides.’’ before ‘‘The proposed action shall become final’’. Subsec. (c)(1). Pub. L. 104–170, § 102(a), amended sec- ond sentence generally. Prior to amendment, second sentence read as follows: ‘‘No order of suspension may be issued unless the Administrator has issued or at the same time issues notice of the Administrator’s inten- tion to cancel the registration or change the classifica- tion of the pesticide.’’ Subsec. (c)(3). Pub. L. 104–170, § 102(b), inserted after first sentence ‘‘The Administrator may issue an emer- gency order under this paragraph before issuing a no- tice of intention to cancel the registration or change the classification of the pesticide under subsection (b) of this section and the Administrator shall proceed to issue the notice under subsection (b) of this section within 90 days of issuing an emergency order. If the Ad- ministrator does not issue a notice under subsection (b) of this section within 90 days of issuing an emergency order, the emergency order shall expire.’’ and sub- stituted ‘‘In the case of an emergency order’’ for ‘‘In that case’’. Subsec. (f)(1)(C)(ii). Pub. L. 104–170, § 210(g)(1), sub- stituted ‘‘180-day’’ for ‘‘90-day’’ in two places. Subsec. (f)(3)(A). Pub. L. 104–170, § 210(g)(2), sub- stituted ‘‘180-day’’ for ‘‘90-day’’. Subsec. (f)(4). Pub. L. 104–170, § 210(h), added par. (4). 1991—Subsec. (a)(1). Pub. L. 102–237, § 1006(b)(1), sub- stituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘may specify’’ and before ‘‘determines’’. Subsec. (a)(2). Pub. L. 102–237, § 1006(b)(3)(C), sub- stituted ‘‘the registrant’’ for ‘‘he’’ before ‘‘shall’’. Subsec. (b). Pub. L. 102–237, § 1006(b)(1), (2), sub- stituted ‘‘the Administrator’s’’ for ‘‘his’’ in introduc- tory provisions and par. (1), and ‘‘the Administrator’’ for ‘‘he’’ before ‘‘shall publish’’ in last sentence. Subsec. (c)(1). Pub. L. 102–237, § 1006(b)(1), (2), sub- stituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘may’’ and ‘‘the Administrator’s’’ for ‘‘his’’ before ‘‘inten- tion’’. Subsec. (c)(3). Pub. L. 102–237, § 1006(b)(1), (3)(D), sub- stituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘may’’ and ‘‘the Administrator’’ for ‘‘him’’ after ‘‘permit’’. Subsec. (d). Pub. L. 102–237, § 1006(b)(2), (3)(E), in pe- nultimate sentence substituted ‘‘the Administrator’s’’ for ‘‘his’’ and ‘‘the Administrator’’ for ‘‘him’’ before ‘‘and issue’’. Subsec. (f)(3)(B). Pub. L. 102–237, § 1006(a)(5), sub- stituted ‘‘adverse effect’’ for ‘‘adverse affect’’. 1990—Subsec. (f)(1). Pub. L. 101–624, § 1494(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘A registrant at any time may request that any of its pesticide registrations be canceled or be amended to delete one or more uses. Before acting on such request, the Administrator shall publish in the Federal Register a notice of the receipt of the request. Thereafter, the Administrator may approve such a re- quest.’’ Subsec. (f)(3). Pub. L. 101–624, § 1494(2), added par. (3). 1988—Subsec. (a)(1). Pub. L. 100–532, § 801(e)(1), sub- stituted ‘‘effect. The Administrator’’ for ‘‘effect: Pro- vided, That the Administrator’’. Subsec. (c). Pub. L. 100–532, § 801(e)(2)–(4), in par. (1) directed that undesignated paragraph beginning ‘‘Ex- cept as provided’’ be run into sentence ending ‘‘of the pesticide.’’ and substituted ‘‘before the Administrator’’ for ‘‘before the Agency’’, in par. (2) substituted ‘‘sub- mitted to the Administrator’’ for ‘‘submitted to the Agency’’ and ‘‘and the Administrator’’ for ‘‘and the Agency’’, and in par. (3) substituted ‘‘(A)’’ for ‘‘(i)’’, ‘‘and the Administrator’’ for ‘‘and the Agency’’, and ‘‘(B)’’ for ‘‘(ii)’’. Subsec. (e). Pub. L. 100–532, § 801(e)(5), (6), in par. (1), substituted ‘‘met. The Administrator’’ for ‘‘met: Pro- vided, That the Administrator’’, and in par. (2), sub- stituted ‘‘section. The only’’ for ‘‘section: Provided, That the only’’. Subsec. (f). Pub. L. 100–532, § 201, added subsec. (f). Former subsec. (f) redesignated (h). Subsec. (f)(2). Pub. L. 100–532, § 801(q)(2)(B), made a technical amendment to the reference to section 136a–1 of this title to reflect the renumbering of the cor- responding section of the original act. Subsec. (g). Pub. L. 100–532, § 404, added subsec. (g). Subsec. (h). Pub. L. 100–532, § 201, redesignated former subsec. (f) as (h). 1984—Subsec. (c)(4). Pub. L. 98–620 struck out provi- sions requiring petitions to review orders on the issue of suspension to be advanced on the docket of the court of appeals. 1978—Subsec. (b). Pub. L. 95–396, § 11, required the Ad- ministrator, in taking any final action under subsec. (b), to consider restricting a pesticide’s use or uses as an alternative to cancellation and to fully explain the reasons for the restrictions. Subsec. (c)(2). Pub. L. 95–251 substituted ‘‘administra- tive law judge’’ for ‘‘hearing examiner’’. Subsecs. (e), (f). Pub. L. 95–396, § 12, added subsec. (e) and redesignated former subsec. (e) as (f). 1975—Subsec. (b). Pub. L. 94–140 established criteria which Administrator must use in determining the issuance of a suspension of registration notice and the time periods relating to such notice, set forth required procedures to be followed by Administrator prior to publication of such notice, required procedures when the Secretary elects to comment or fails to comment on suspension notice, waiver or modification of time periods in specified required procedures, required proce- dures for waiver of notice and consent by Secretary for suspension of registration, and established criteria for Secretary taking any final action. 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 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 For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title. § 136e. Registration of establishments (a) Requirement No person shall produce any pesticide subject to this subchapter or active ingredient used in producing a pesticide subject to this subchapter in any State unless the establishment in which it is produced is registered with the Adminis- trator. The application for registration of any establishment shall include the name and ad- dress of the establishment and of the producer who operates such establishment. (b) Registration Whenever the Administrator receives an appli- cation under subsection (a), the Administrator shall register the establishment and assign it an establishment number. (c) Information required (1) Any producer operating an establishment registered under this section shall inform the Administrator within 30 days after it is reg- istered of the types and amounts of pesticides and, if applicable, active ingredients used in producing pesticides—