7 U.S.C. § 136i — Use of restricted use pesticides; applica-

Page 253 TITLE 7—AGRICULTURE § 136i § 136i. Use of restricted use pesticides; applica- tors (a) Certification procedure (1) Federal certification In any State for which a State plan for ap- plicator certification has not been approved by the Administrator, the Administrator, in con- sultation with the Governor of such State, shall conduct a program for the certification of applicators of pesticides. Such program shall conform to the requirements imposed upon the States under the provisions of sub- section (a)(2) of this section and shall not re- quire private applicators to take any examina- tion to establish competency in the use of pes- ticides. Prior to the implementation of the program, the Administrator shall publish in the Federal Register for review and comment a summary of the Federal plan for applicator certification and shall make generally avail- able within the State copies of the plan. The Administrator shall hold public hearings at one or more locations within the State if so requested by the Governor of such State dur- ing the thirty days following publication of the Federal Register notice inviting comment on the Federal plan. The hearings shall be held within thirty days following receipt of the re- quest from the Governor. In any State in which the Administrator conducts a certifi- cation program, the Administrator may re- quire any person engaging in the commercial application, sale, offering for sale, holding for sale, or distribution of any pesticide one or more uses of which have been classified for re- stricted use to maintain such records and sub- mit such reports concerning the commercial application, sale, or distribution of such pes- ticide as the Administrator may by regulation prescribe. Subject to paragraph (2), the Ad- ministrator shall prescribe standards for the certification of applicators of pesticides. Such standards shall provide that to be certified, an individual must be determined to be com- petent with respect to the use and handling of the pesticides, or to the use and handling of the pesticide or class of pesticides covered by such individual’s certification. The certifi- cation standard for a private applicator shall, under a State plan submitted for approval, be deemed fulfilled by the applicator completing a certification form. The Administrator shall further assure that such form contains ade- quate information and affirmations to carry out the intent of this subchapter, and may in- clude in the form an affirmation that the pri- vate applicator has completed a training pro- gram approved by the Administrator so long as the program does not require the private applicator to take, pursuant to a requirement prescribed by the Administrator, any exam- ination to establish competency in the use of the pesticide. The Administrator may require any pesticide dealer participating in a certifi- cation program to be licensed under a State li- censing program approved by the Adminis- trator. (2) State certification If any State, at any time, desires to certify applicators of pesticides, the Governor of such State shall submit a State plan for such pur- pose. The Administrator shall approve the plan submitted by any State, or any modifica- tion thereof, if such plan in the Administra- tor’s judgment— (A) designates a State agency as the agen- cy responsible for administering the plan throughout the State; (B) contains satisfactory assurances that such agency has or will have the legal au- thority and qualified personnel necessary to carry out the plan; (C) gives satisfactory assurances that the State will devote adequate funds to the ad- ministration of the plan; (D) provides that the State agency will make such reports to the Administrator in such form and containing such information as the Administrator may from time to time require; and (E) contains satisfactory assurances that State standards for the certification of ap- plicators of pesticides conform with those standards prescribed by the Administrator under paragraph (1). Any State certification program under this section shall be maintained in accordance with the State plan approved under this sec- tion. (b) State plans If the Administrator rejects a plan submitted under subsection (a)(2), the Administrator shall afford the State submitting the plan due notice and opportunity for hearing before so doing. If the Administrator approves a plan submitted under subsection (a)(2), then such State shall certify applicators of pesticides with respect to such State. Whenever the Administrator deter- mines that a State is not administering the cer- tification program in accordance with the plan approved under this section, the Administrator shall so notify the State and provide for a hear- ing at the request of the State, and, if appro- priate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such plan. (c) Instruction in integrated pest management techniques Standards prescribed by the Administrator for the certification of applicators of pesticides under subsection (a), and State plans submitted to the Administrator under subsection (a), shall include provisions for making instructional ma- terials concerning integrated pest management techniques available to individuals at their re- quest in accordance with the provisions of sec- tion 136u(c) of this title, but such plans may not require that any individual receive instruction concerning such techniques or to be shown to be competent with respect to the use of such tech- niques. The Administrator and States imple- menting such plans shall provide that all inter- ested individuals are notified on the availability of such instructional materials. (d) In general No regulations prescribed by the Adminis- trator for carrying out the provisions of this subchapter shall require any private applicator Page 254 TITLE 7—AGRICULTURE § 136i–1 to maintain any records or file any reports or other documents. (e) Separate standards When establishing or approving standards for licensing or certification, the Administrator shall establish separate standards for commer- cial and private applicators. (June 25, 1947, ch. 125, § 11, formerly §§ 4, 11, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 983, 989; amended Pub. L. 94–140, §§ 5, 11, Nov. 28, 1975, 89 Stat. 753, 754; Pub. L. 95–396, § 9, Sept. 30, 1978, 92 Stat. 827; Pub. L. 100–532, title VIII, § 801(c), (q)(1)(A)–(C), Oct. 25, 1988, 102 Stat. 2681, 2683; Pub. L. 102–237, title X, § 1006(a)(6), (b)(1), (2), (3)(K), Dec. 13, 1991, 105 Stat. 1895, 1896.) Editorial Notes CODIFICATION Pub. L. 100–532, § 801(q)(1)(A), transferred subsecs. (a) to (c) of section 4 of act June 25, 1947, which was classi- fied to section 136b of this title, to subsecs. (a) to (c) of this section. PRIOR PROVISIONS A prior section 11 of act June 25, 1947, was classified to section 135i of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516. AMENDMENTS 1991—Pub. L. 102–237, § 1006(a)(6)(A), substituted ‘‘ap- plicators’’ for ‘‘appplicators’’ in section catchline. Subsec. (a)(1). Pub. L. 102–237, § 1006(b)(3)(K), sub- stituted ‘‘the applicator’’ for ‘‘his’’ in ninth sentence and ‘‘the Administrator’’ for ‘‘him’’ before period at end. Subsec. (a)(2). Pub. L. 102–237, § 1006(b)(2), substituted ‘‘the Administrator’s’’ for ‘‘his’’ in introductory provi- sions. Subsec. (b). Pub. L. 102–237, § 1006(a)(6)(B), (b)(1), sub- stituted ‘‘subsection (a)(2) of this section’’ for ‘‘this paragraph’’ in two places and ‘‘the Administrator’’ for ‘‘he’’ before ‘‘shall afford’’ and before ‘‘shall so notify’’. Subsec. (c). Pub. L. 102–237, § 1006(a)(6)(C), substituted ‘‘subsection (a)’’ for ‘‘subsections (a) and (b)’’ after ‘‘Administrator under’’. 1988—Pub. L. 100–532, § 801(q)(1)(A), (C), substituted section catchline for one which read: ‘‘Standards appli- cable to pesticide applicators’’, redesignated subsecs. (a) and (b) as (d) and (e), respectively, and transferred subsecs. (a) to (c) of section 136b of this title to subsecs. (a) to (c), respectively, of this section. Subsec. (a)(1). Pub. L. 100–532, § 801(c), substituted ‘‘pesticides. Such program’’ for ‘‘pesticides: Provided, That such program’’ and ‘‘certification. The certifi- cation’’ for ‘‘certification: Provided, however, That the certification’’. 1978—Subsec. (a)(1). Pub. L. 95–396 required that, in any State without a State plan for applicator certifi- cation approved by the Administrator, the Adminis- trator, in consultation with the Governor of the State, shall conduct a program for the certification of appli- cators of pesticides under a Federal plan for applicator certification, and also that in such a State records be maintained and reports submitted by persons engaged in commercial application, sale or distribution of pes- ticides classified for restricted use. 1975—Subsec. (a)(1). Pub. L. 94–140, § 5, inserted pro- viso relating to Administrator’s powers and duties with respect to the certification forms and requirement for pesticide dealers participating in certification pro- gram. Subsec. (c). Pub. L. 94–140, § 11, added subsec. (c). 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. § 136i–1. Pesticide recordkeeping (a) Requirements (1) The Secretary of Agriculture, in consulta- tion with the Administrator of the Environ- mental Protection Agency, shall require cer- tified applicators of restricted use pesticides (of the type described under section 136a(d)(1)(C) of this title) to maintain records comparable to records maintained by commercial applicators of pesticides in each State. If there is no State requirement for the maintenance of records, such applicator shall maintain records that con- tain the product name, amount, approximate date of application, and location of application of each such pesticide used for a 2-year period after such use. (2) Within 30 days of a pesticide application, a commercial certified applicator shall provide a copy of records maintained under paragraph (1) to the person for whom such application was provided. (b) Access Records maintained under subsection (a) shall be made available to any Federal or State agen- cy that deals with pesticide use or any health or environmental issue related to the use of pes- ticides, on the request of such agency. Each such Federal agency shall conduct surveys and record the data from individual applicators to facili- tate statistical analysis for environmental and agronomic purposes, but in no case may a gov- ernment agency release data, including the loca- tion from which the data was derived, that would directly or indirectly reveal the identity of individual producers. In the case of Federal agencies, such access to records maintained under subsection (a) shall be through the Sec- retary of Agriculture, or the Secretary’s des- ignee. State agency requests for access to records maintained under subsection (a) shall be through the lead State agency so designated by the State. (c) Health care personnel When a health professional determines that pesticide information maintained under this sec- tion is necessary to provide medical treatment or first aid to an individual who may have been exposed to pesticides for which the information is maintained, upon request persons required to maintain records under subsection (a) shall promptly provide record and available label in- formation to that health professional. In the case of an emergency, such record information shall be provided immediately. (d) Penalty The Secretary of Agriculture shall be respon- sible for the enforcement of subsections (a), (b), and (c). A violation of such subsection shall—