§ 136. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC136]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 136. Definitions
For purposes of this subchapter--
(a) Active ingredient
The term ``active ingredient'' means--
(1) in the case of a pesticide other than a plant regulator,
defoliant, desiccant, or nitrogen stabilizer, an ingredient which
will prevent, destroy, repel, or mitigate any pest;
(2) in the case of a plant regulator, an ingredient which,
through physiological action, will accelerate or retard the rate of
growth or rate of maturation or otherwise alter the behavior of
ornamental or crop plants or the product thereof;
(3) in the case of a defoliant, an ingredient which will cause
the leaves or foliage to drop from a plant;
(4) in the case of a desiccant, an ingredient which will
artificially accelerate the drying of plant tissue; and
(5) in the case of a nitrogen stabilizer, an ingredient which
will prevent or hinder the process of nitrification,
denitrification, ammonia volatilization, or urease production
through action affecting soil bacteria.
(b) Administrator
The term ``Administrator'' means the Administrator of the
Environmental Protection Agency.
(c) Adulterated
The term ``adulterated'' applies to any pesticide if--
(1) its strength or purity falls below the professed standard of
quality as expressed on its labeling under which it is sold;
(2) any substance has been substituted wholly or in part for the
pesticide; or
(3) any valuable constituent of the pesticide has been wholly or
in part abstracted.
(d) Animal
The term ``animal'' means all vertebrate and invertebrate species,
including but not limited to man and other mammals, birds, fish, and
shellfish.
(e) Certified applicator, etc.
(1) Certified applicator
The term ``certified applicator'' means any individual who is
certified under section 136i of this title as authorized to use or
supervise the use of any pesticide which is classified for
restricted use. Any applicator who holds or applies registered
pesticides, or uses dilutions of registered pesticides consistent
with subsection (ee) of this section, only to provide a service of
controlling pests without delivering any unapplied pesticide to any
person so served is not deemed to be a seller or distributor of
pesticides under this subchapter.
(2) Private applicator
The term ``private applicator'' means a certified applicator who
uses or supervises the use of any pesticide which is classified for
restricted use for purposes of producing any agricultural commodity
on property owned or rented by the applicator or the applicator's
employer or (if applied without compensation other than trading of
personal services between producers of agricultural commodities) on
the property of another person.
(3) Commercial applicator
The term ``commercial applicator'' means an applicator (whether
or not the applicator is a private applicator with respect to some
uses) who uses or supervises the use of any pesticide which is
classified for restricted use for any purpose or on any property
other than as provided by paragraph (2).
(4) Under the direct supervision of a certified applicator
Unless otherwise prescribed by its labeling, a pesticide shall
be considered to be applied under the direct supervision of a
certified applicator if it is applied by a competent person acting
under the instructions and control of a certified applicator who is
available if and when needed, even though such certified applicator
is not physically present at the time and place the pesticide is
applied.
(f) Defoliant
The term ``defoliant'' means any substance of mixture of substances
intended for causing the leaves or foliage to drop from a plant, with or
without causing abscission.
(g) Desiccant
The term ``desiccant'' means any substance or mixture of substances
intended for artificially accelerating the drying of plant tissue.
(h) Device
The term ``device'' means any instrument or contrivance (other than
a firearm) which is intended for trapping, destroying, repelling, or
mitigating any pest or any other form of plant or animal life (other
than man and other than bacteria, virus, or other microorganism on or in
living man or other living animals); but not including equipment used
for the application of pesticides when sold separately therefrom.
(i) District court
The term ``district court'' means a United States district court,
the District Court of Guam, the District Court of the Virgin Islands,
and the highest court of American Samoa.
(j) Environment
The term ``environment'' includes water, air, land, and all plants
and man and other animals living therein, and the interrelationships
which exist among these.
(k) Fungus
The term ``fungus'' means any non-chlorophyll-bearing thallophyte
(that is, any non-chlorophyll-bearing plant of a lower order than mosses
and liverworts), as for example, rust, smut, mildew, mold, yeast, and
bacteria, except those on or in living man or other animals and those on
or in processed food, beverages, or pharmaceuticals.
(l) Imminent hazard
The term ``imminent hazard'' means a situation which exists when the
continued use of a pesticide during the time required for cancellation
proceeding would be likely to result in unreasonable adverse effects on
the environment or will involve unreasonable hazard to the survival of a
species declared endangered or threatened by the Secretary pursuant to
the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.].
(m) Inert ingredient
The term ``inert ingredient'' means an ingredient which is not
active.
(n) Ingredient statement
The term ``ingredient statement'' means a statement which contains--
(1) the name and percentage of each active ingredient, and the
total percentage of all inert ingredients, in the pesticide; and
(2) if the pesticide contains arsenic in any form, a statement
of the percentages of total and water soluble arsenic, calculated as
elementary arsenic.
(o) Insect
The term ``insect'' means any of the numerous small invertebrate
animals generally having the body more or less obviously segmented, for
the most part belonging to the class insecta, comprising six-legged,
usually winged forms, as for example, beetles, bugs, bees, flies, and to
other allied classes of anthropods whose members are wingless and
usually have more than six legs, as for example, spiders, mites, ticks,
centipedes, and wood lice.
(p) Label and labeling
(1) Label
The term ``label'' means the written, printed, or graphic matter
on, or attached to, the pesticide or device or any of its containers
or wrappers.
(2) Labeling
The term ``labeling'' means all labels and all other written,
printed, or graphic matter--
(A) accompanying the pesticide or device at any time; or
(B) to which reference is made on the label or in literature
accompanying the pesticide or device, except to current official
publications of the Environmental Protection Agency, the United
States Departments of Agriculture and Interior, the Department
of Health and Human Services, State experiment stations, State
agricultural colleges, and other similar Federal or State
institutions or agencies authorized by law to conduct research
in the field of pesticides.
(q) Misbranded
(1) A pesticide is misbranded if--
(A) its labeling bears any statement, design, or graphic
representation relative thereto or to its ingredients which is
false or misleading in any particular;
(B) it is contained in a package or other container or
wrapping which does not conform to the standards established by
the Administrator pursuant to section 136w(c)(3) of this title;
(C) it is an imitation of, or is offered for sale under the
name of, another pesticide;
(D) its label does not bear the registration number assigned
under section 136e of this title to each establishment in which
it was produced;
(E) any word, statement, or other information required by or
under authority of this subchapter to appear on the label or
labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements,
designs, or graphic matter in the labeling) and in such terms as
to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;
(F) the labeling accompanying it does not contain directions
for use which are necessary for effecting the purpose for which
the product is intended and if complied with, together with any
requirements imposed under section 136a(d) of this title, are
adequate to protect health and the environment;
(G) the label does not contain a warning or caution
statement which may be necessary and if complied with, together
with any requirements imposed under section 136a(d) of this
title, is adequate to protect health and the environment; or
(H) in the case of a pesticide not registered in accordance
with section 136a of this title and intended for export, the
label does not contain, in words prominently placed thereon with
such conspicuousness (as compared with other words, statements,
designs, or graphic matter in the labeling) as to render it
likely to be noted by the ordinary individual under customary
conditions of purchase and use, the following: ``Not Registered
for Use in the United States of America''.
(2) A pesticide is misbranded if--
(A) the label does not bear an ingredient statement on that
part of the immediate container (and on the outside container or
wrapper of the retail package, if there be one, through which
the ingredient statement on the immediate container cannot be
clearly read) which is presented or displayed under customary
conditions or purchase, except that a pesticide is not
misbranded under this subparagraph if--
(i) The size or form of the immediate container, or the
outside container or wrapper of the retail package, makes it
impracticable to place the ingredient statement on the part
which is presented or displayed under customary conditions
of purchase; and
(ii) the ingredient statement appears prominently on
another part of the immediate container, or outside
container or wrapper, permitted by the Administrator;
(B) the labeling does not contain a statement of the use
classification under which the product is registered;
(C) there is not affixed to its container, and to the
outside container or wrapper of the retail package, if there be
one, through which the required information on the immediate
container cannot be clearly read, a label bearing--
(i) the name and address of the producer, registrant, or
person for whom produced;
(ii) the name, brand, or trademark under which the
pesticide is sold;
(iii) the net weight or measure of the content, except
that the Administrator may permit reasonable variations; and
(iv) when required by regulation of the Administrator to
effectuate the purposes of this subchapter, the registration
number assigned to the pesticide under this subchapter, and
the use classification; and
(D) the pesticide contains any substance or substances in
quantities highly toxic to man, unless the label shall bear, in
addition to any other matter required by this subchapter--
(i) the skull and crossbones;
(ii) the word ``poison'' prominently in red on a
background of distinctly contrasting color; and
(iii) a statement of a practical treatment (first aid or
otherwise) in case of poisoning by the pesticide.
(r) Nematode
The term ``nematode'' means invertebrate animals of the phylum
nemathelminthes and class nematoda, that is, unsegmented round worms
with elongated, fusiform, or saclike bodies covered with cuticle, and
inhabiting soil, water, plants, or plant parts; may also be called nemas
or eelworms.
(s) Person
The term ``person'' means any individual, partnership, association,
corporation, or any organized group of persons whether incorporated or
not.
(t) Pest
The term ``pest'' means (1) any insect, rodent, nematode, fungus,
weed, or (2) any other form of terrestrial or aquatic plant or animal
life or virus, bacteria, or other micro-organism (except viruses,
bacteria, or other micro-organisms on or in living man or other living
animals) which the Administrator declares to be a pest under section
136w(c)(1) of this title.
(u) Pesticide
The term ``pesticide'' means (1) any substance or mixture of
substances intended for preventing, destroying, repelling, or mitigating
any pest, (2) any substance or mixture of substances intended for use as
a plant regulator, defoliant, or desiccant, and (3) any nitrogen
stabilizer, except that the term ``pesticide'' shall not include any
article that is a ``new animal drug'' within the meaning of section
321(w) \1\ of title 21, that has been determined by the Secretary of
Health and Human Services not to be a new animal drug by a regulation
establishing conditions of use for the article, or that is an animal
feed within the meaning of section 321(x) \1\ of title 21 bearing or
containing a new animal drug. The term ``pesticide'' does not include
liquid chemical sterilant products (including any sterilant or
subordinate disinfectant claims on such products) for use on a critical
or semi-critical device, as defined in section 321 of title 21. For
purposes of the preceding sentence, the term ``critical device''
includes any device which is introduced directly into the human body,
either into or in contact with the bloodstream or normally sterile areas
of the body and the term ``semi-critical device'' includes any device
which contacts intact mucous membranes but which does not ordinarily
penetrate the blood barrier or otherwise enter normally sterile areas of
the body.
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\1\ See References in Text note below.
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(v) Plant regulator
The term ``plant regulator'' means any substance or mixture of
substances intended, through physiological action, for accelerating or
retarding the rate of growth or rate of maturation, or for otherwise
altering the behavior of plants or the produce thereof, but shall not
include substances to the extent that they are intended as plant
nutrients, trace elements, nutritional chemicals, plant inoculants, and
soil amendments. Also, the term ``plant regulator'' shall not be
required to include any of such of those nutrient mixtures or soil
amendments as are commonly known as vitamin-hormone horticultural
products, intended for improvement, maintenance, survival, health, and
propagation of plants, and as are not for pest destruction and are
nontoxic, nonpoisonous in the undiluted packaged concentration.
(w) Producer and produce
The term ``producer'' means the person who manufactures, prepares,
compounds, propagates, or processes any pesticide or device or active
ingredient used in producing a pesticide. The term ``produce'' means to
manufacture, prepare, compound, propagate, or process any pesticide or
device or active ingredient used in producing a pesticide. The dilution
by individuals of formulated pesticides for their own use and according
to the directions on registered labels shall not of itself result in
such individuals being included in the definition of ``producer'' for
the purposes of this subchapter.
(x) Protect health and the environment
The terms ``protect health and the environment'' and ``protection of
health and the environment'' mean protection against any unreasonable
adverse effects on the environment.
(y) Registrant
The term ``registrant'' means a person who has registered any
pesticide pursuant to the provisions of this subchapter.
(z) Registration
The term ``registration'' includes reregistration.
(aa) State
The term ``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust
Territory of the Pacific Islands, and American Samoa.
(bb) Unreasonable adverse effects on the environment
The term ``unreasonable adverse effects on the environment'' means
(1) any unreasonable risk to man or the environment, taking into account
the economic, social, and environmental costs and benefits of the use of
any pesticide, or (2) a human dietary risk from residues that result
from a use of a pesticide in or on any food inconsistent with the
standard under section 346a of title 21. The Administrator shall
consider the risks and benefits of public health pesticides separate
from the risks and benefits of other pesticides. In weighing any
regulatory action concerning a public health pesticide under this
subchapter, the Administrator shall weigh any risks of the pesticide
against the health risks such as the diseases transmitted by the vector
to be controlled by the pesticide.
(cc) Weed
The term ``weed'' means any plant which grows where not wanted.
(dd) Establishment
The term ``establishment'' means any place where a pesticide or
device or active ingredient used in producing a pesticide is produced,
or held, for distribution or sale.
(ee) To use any registered pesticide in a manner inconsistent with its
labeling
The term ``to use any registered pesticide in a manner inconsistent
with its labeling'' means to use any registered pesticide in a manner
not permitted by the labeling, except that the term shall not include
(1) applying a pesticide at any dosage, concentration, or frequency less
than that specified on the labeling unless the labeling specifically
prohibits deviation from the specified dosage, concentration, or
frequency, (2) applying a pesticide against any target pest not
specified on the labeling if the application is to the crop, animal, or
site specified on the labeling, unless the Administrator has required
that the labeling specifically state that the pesticide may be used only
for the pests specified on the labeling after the Administrator has
determined that the use of the pesticide against other pests would cause
an unreasonable adverse effect on the environment, (3) employing any
method of application not prohibited by the labeling unless the labeling
specifically states that the product may be applied only by the methods
specified on the labeling, (4) mixing a pesticide or pesticides with a
fertilizer when such mixture is not prohibited by the labeling, (5) any
use of a pesticide in conformance with section 136c, 136p, or 136v of
this title, or (6) any use of a pesticide in a manner that the
Administrator determines to be consistent with the purposes of this
subchapter. After March 31, 1979, the term shall not include the use of
a pesticide for agricultural or forestry purposes at a dilution less
than label dosage unless before or after that date the Administrator
issues a regulation or advisory opinion consistent with the study
provided for in section 27(b) of the Federal Pesticide Act of 1978,
which regulation or advisory opinion specifically requires the use of
definite amounts of dilution.
(ff) Outstanding data requirement
(1) In general
The term ``outstanding data requirement'' means a requirement
for any study, information, or data that is necessary to make a
determination under section 136a(c)(5) of this title and which
study, information, or data--
(A) has not been submitted to the Administrator; or
(B) if submitted to the Administrator, the Administrator has
determined must be resubmitted because it is not valid,
complete, or adequate to make a determination under section
136a(c)(5) of this title and the regulations and guidelines
issued under such section.
(2) Factors
In making a determination under paragraph (1)(B) respecting a
study, the Administrator shall examine, at a minimum, relevant
protocols, documentation of the conduct and analysis of the study,
and the results of the study to determine whether the study and the
results of the study fulfill the data requirement for which the
study was submitted to the Administrator.
(gg) To distribute or sell
The term ``to distribute or sell'' means to distribute, sell, offer
for sale, hold for distribution, hold for sale, hold for shipment, ship,
deliver for shipment, release for shipment, or receive and (having so
received) deliver or offer to deliver. The term does not include the
holding or application of registered pesticides or use dilutions thereof
by any applicator who provides a service of controlling pests without
delivering any unapplied pesticide to any person so served.
(hh) Nitrogen stabilizer
The term ``nitrogen stabilizer'' means any substance or mixture of
substances intended for preventing or hindering the process of
nitrification, denitrification, ammonia volatilization, or urease
production through action upon soil bacteria. Such term shall not
include--
(1) dicyandiamide;
(2) ammonium thiosulfate; or
(3) any substance or mixture of substances.-- \2\
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\2\ So in original. Period probably should not appear.
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(A) that was not registered pursuant to section 136a of this
title prior to January 1, 1992; and
(B) that was in commercial agronomic use prior to January 1,
1992, with respect to which after January 1, 1992, the
distributor or seller of the substance or mixture has made no
specific claim of prevention or hindering of the process of
nitrification, denitrification, ammonia volatilization \3\
urease production regardless of the actual use or purpose for,
or future use or purpose for, the substance or mixture.
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\3\ So in original. Probably should be followed by ``, or''.
Statements made in materials required to be submitted to any State
legislative or regulatory authority, or required by such authority to be
included in the labeling or other literature accompanying any such
substance or mixture shall not be deemed a specific claim within the
meaning of this subsection.
(jj) \4\ Maintenance applicator
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\4\ So in original. No subsec. (ii) was enacted.
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The term ``maintenance applicator'' means any individual who, in the
principal course of such individual's employment, uses, or supervises
the use of, a pesticide not classified for restricted use (other than a
ready to use consumer products pesticide); for the purpose of providing
structural pest control or lawn pest control including janitors, general
maintenance personnel, sanitation personnel, and grounds maintenance
personnel. The term ``maintenance applicator'' does not include private
applicators as defined in subsection (e)(2) of this section; individuals
who use antimicrobial pesticides, sanitizers or disinfectants;
individuals employed by Federal, State, and local governments or any
political subdivisions thereof, or individuals who use pesticides not
classified for restricted use in or around their homes, boats, sod
farms, nurseries, greenhouses, or other noncommercial property.
(kk) Service technician
The term ``service technician'' means any individual who uses or
supervises the use of pesticides (other than a ready to use consumer
products pesticide) for the purpose of providing structural pest control
or lawn pest control on the property of another for a fee. The term
``service technician'' does not include individuals who use
antimicrobial pesticides, sanitizers or disinfectants; or who otherwise
apply ready to use consumer products pesticides.
(ll) Minor use
The term ``minor use'' means the use of a pesticide on an animal, on
a commercial agricultural crop or site, or for the protection of public
health where--
(1) the total United States acreage for the crop is less than
300,000 acres, as determined by the Secretary of Agriculture; or
(2) the Administrator, in consultation with the Secretary of
Agriculture, determines that, based on information provided by an
applicant for registration or a registrant, the use does not provide
sufficient economic incentive to support the initial registration or
continuing registration of a pesticide for such use and--
(A) there are insufficient efficacious alternative
registered pesticides available for the use;
(B) the alternatives to the pesticide use pose greater risks
to the environment or human health;
(C) the minor use pesticide plays or will play a significant
part in managing pest resistance; or
(D) the minor use pesticide plays or will play a significant
part in an integrated pest management program.
The status as a minor use under this subsection shall continue as long
as the Administrator has not determined that, based on existing data,
such use may cause an unreasonable adverse effect on the environment and
the use otherwise qualifies for such status.
(mm) Antimicrobial pesticide
(1) In general
The term ``antimicrobial pesticide'' means a pesticide that--
(A) is intended to--
(i) disinfect, sanitize, reduce, or mitigate growth or
development of microbiological organisms; or
(ii) protect inanimate objects, industrial processes or
systems, surfaces, water, or other chemical substances from
contamination, fouling, or deterioration caused by bacteria,
viruses, fungi, protozoa, algae, or slime; and
(B) in the intended use is exempt from, or otherwise not
subject to, a tolerance under section 346a of title 21 or a food
additive regulation under section 348 of title 21.
(2) Excluded products
The term ``antimicrobial pesticide'' does not include--
(A) a wood preservative or antifouling paint product for
which a claim of pesticidal activity other than or in addition
to an activity described in paragraph (1) is made;
(B) an agricultural fungicide product; or
(C) an aquatic herbicide product.
(3) Included products
The term ``antimicrobial pesticide'' does include any other
chemical sterilant product (other than liquid chemical sterilant
products exempt under subsection (u) of this section), any other
disinfectant product, any other industrial microbiocide product, and
any other preservative product that is not excluded by paragraph
(2).
(nn) Public health pesticide
The term ``public health pesticide'' means any minor use pesticide
product registered for use and used predominantly in public health
programs for vector control or for other recognized health protection
uses, including the prevention or mitigation of viruses, bacteria, or
other microorganisms (other than viruses, bacteria, or other
microorganisms on or in living man or other living animal) that pose a
threat to public health.
(oo) Vector
The term ``vector'' means any organism capable of transmitting the
causative agent of human disease or capable of producing human
discomfort or injury, including mosquitoes, flies, fleas, cockroaches,
or other insects and ticks, mites, or rats.
(June 25, 1947, ch. 125, Sec. 2, as added Pub. L. 92-516, Sec. 2, Oct.
21, 1972, 86 Stat. 975; amended Pub. L. 93-205, Sec. 13(f), Dec. 28,
1973, 87 Stat. 903; Pub. L. 94-140, Sec. 9, Nov. 28, 1975, 89 Stat. 754;
Pub. L. 95-396, Sec. 1, Sept. 30, 1978, 92 Stat. 819; Pub. L. 100-532,
title I, Sec. 101, title VI, Sec. 601(a), title VIII, Sec. 801(a), Oct.
25, 1988, 102 Stat. 2655, 2677, 2679; Pub. L. 102-237, title X,
Sec. 1006(a)(1), (2), (b)(3)(A), (B), Dec. 13, 1991, 105 Stat. 1894,
1895; Pub. L. 104-170, title I, Secs. 105(a), 120, title II,
Secs. 210(a), 221, 230, title III, Sec. 304, Aug. 3, 1996, 110 Stat.
1490, 1492, 1493, 1502, 1508, 1512.)
References in Text
The Endangered Species Act of 1973, referred to in subsec. (l), is
Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified generally to chapter 35 (Sec. 1531 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 1531 of Title 16 and Tables.
Section 321 of title 21, referred to in subsec. (u), was
subsequently amended, and subsecs. (w) and (x) of section 321 no longer
define the terms ``new animal drug'' and ``animal feed'', respectively.
However, such terms are defined elsewhere in that section.
Section 27(b) of Federal Pesticide Act of 1978, referred to in
subsec. (ee), is section 27(b) of Pub. L. 95-396, Sept. 30, 1978, 92
Stat. 841, which was formerly set out as a note under section 136w-4 of
this title.
Prior Provisions
A prior section 2 of act June 25, 1947, was classified to section
135 of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
Amendments
1996--Subsec. (a)(1). Pub. L. 104-170, Sec. 105(a)(1)(A),
substituted ``defoliant, desiccant, or nitrogen stabilizer'' for
``defoliant, or desiccant''.
Subsec. (a)(5). Pub. L. 104-170, Sec. 105(a)(1)(B)-(D), added par.
(5).
Subsec. (u). Pub. L. 104-170, Secs. 105(a)(2), 221(1), struck out
``and'' before ``(2)'', inserted ``and (3) any nitrogen stabilizer,''
after ``desiccant,'', and inserted at end ``The term `pesticide' does
not include liquid chemical sterilant products (including any sterilant
or subordinate disinfectant claims on such products) for use on a
critical or semi-critical device, as defined in section 321 of title 21.
For purposes of the preceding sentence, the term `critical device'
includes any device which is introduced directly into the human body,
either into or in contact with the bloodstream or normally sterile areas
of the body and the term `semi-critical device' includes any device
which contacts intact mucous membranes but which does not ordinarily
penetrate the blood barrier or otherwise enter normally sterile areas of
the body.''
Subsec. (bb). Pub. L. 104-170, Sec. 304, which directed amendment of
section 2(bb) by inserting ``(1)'' after ``means'' and adding cl. (2),
without specifying the Act being amended, was executed to this
subsection, which is section 2(bb) of the Federal Insecticide,
Fungicide, and Rodenticide Act, to reflect the probable intent of
Congress.
Pub. L. 104-170, Sec. 230(a), inserted at end ``The Administrator
shall consider the risks and benefits of public health pesticides
separate from the risks and benefits of other pesticides. In weighing
any regulatory action concerning a public health pesticide under this
subchapter, the Administrator shall weigh any risks of the pesticide
against the health risks such as the diseases transmitted by the vector
to be controlled by the pesticide.''
Subsec. (hh). Pub. L. 104-170, Sec. 105(a)(3), added subsec. (hh).
Subsecs. (jj), (kk). Pub. L. 104-170, Sec. 120, added subsecs. (jj)
and (kk).
Subsec. (ll). Pub. L. 104-170, Sec. 210(a), added subsec. (ll).
Subsec. (mm). Pub. L. 104-170, Sec. 221(2), added subsec. (mm).
Subsecs. (nn), (oo). Pub. L. 104-170, Sec. 230(b), added subsecs.
(nn) and (oo).
1991--Subsec. (e)(1). Pub. L. 102-237, Sec. 1006(a)(1), substituted
``section 136i'' for ``section 136b'' and ``uses dilutions'' for ``use
dilutions'' and made technical amendment to reference to subsection (ee)
of this section involving corresponding provision of original act.
Subsec. (e)(2). Pub. L. 102-237, Sec. 1006(b)(3)(A), substituted
``the applicator or the applicator's'' for ``him or his''.
Subsec. (e)(3). Pub. L. 102-237, Sec. 1006(b)(3)(B), substituted
``the applicator'' for ``he''.
Subsec. (q)(2)(A)(i). Pub. L. 102-237, Sec. 1006(a)(2), substituted
``size or form'' for ``size of form''.
1988--Subsec. (c). Pub. L. 100-532, Sec. 801(a)(1), substituted
``if--'' for ``if:''.
Subsec. (p)(2)(B). Pub. L. 100-532, Sec. 801(a)(2), substituted
``Health and Human Services'' for ``Health, Education, and Welfare''.
Subsec. (q)(2)(A). Pub. L. 100-532, Sec. 801(a)(3), substituted
``if--'' for ``if:''.
Subsec. (q)(2)(C)(iii). Pub. L. 100-532, Sec. 801(a)(4), substituted
``, except that'' for ``: Provided, That''.
Subsec. (u). Pub. L. 100-532, Sec. 801(a)(5), substituted ``, except
that'' for ``: Provided, That'', struck out ``(1)(a)'' after ``include
any article'' and ``or (b)'' after ``section 321(w) of title 21,'', and
substituted ``Health and Human Services'' for ``Health, Education, and
Welfare'', ``or that is'' for ``or (2) that is'', and ``a new animal
drug'' for ``an article covered by clause (1) of this proviso''.
Subsec. (ee). Pub. L. 100-532, Secs. 601(a)(1), 801(a)(6),
substituted ``, except that'' for ``: Provided, That'', inserted
``unless the labeling specifically prohibits deviation from the
specified dosage, concentration, or frequency'' and ``unless the
labeling specifically states that the product may be applied only by the
methods specified on the labeling'', substituted ``labeling, (4)
mixing'' for ``labeling, or (4) mixing'', ``, (5)'' for ``: Provided
further, That the term also shall not include'', ``or (6) any use'' for
``or any use'', and ``. After'' for ``: And provided further, That
after''.
Subsec. (ff). Pub. L. 100-532, Sec. 101, added subsec. (ff).
Subsec. (gg). Pub. L. 100-532, Sec. 601(a)(2), added subsec. (gg).
1978--Subsec. (e)(1). Pub. L. 95-396, Sec. 1(1), inserted provision
deeming an applicator not a seller or distributor of pesticides when
providing a service of controlling pests.
Subsec. (e)(3). Pub. L. 95-396, Sec. 1(2), substituted ``an
applicator'' for ``a certified applicator''.
Subsec. (q)(1)(H). Pub. L. 95-396, Sec. 1(3), added subpar. (H).
Subsec. (w). Pub. L. 95-396, Sec. 1(4), (5), amended definition of
``producer'' and ``produce'' to include reference to active ingredient
used in producing a pesticide and inserted provision that an individual
did not become a producer when there was dilution of a pesticide for
personal use according to directions on registered labels.
Subsec. (dd). Pub. L. 95-396, Sec. 1(6), inserted ``or active
ingredient used in producing a pesticide''.
Subsec. (ee). Pub. L. 95-396, Sec. 1(7), added subsec. (ee).
1975--Subsec. (u). Pub. L. 94-140 inserted proviso which excluded
from term ``pesticide'' any article designated as ``new animal drug''
and any article denominated as animal feed.
1973--Subsec. (l). Pub. L. 93-205 substituted ``or threatened by the
Secretary pursuant to the Endangered Species Act of 1973'' for ``by the
Secretary of the Interior under Public Law 91-135''.
Effective Date of 1988 Amendment
Section 901 of Pub. L. 100-532 provided that: ``Except as otherwise
provided in this Act, the amendments made by this Act [see Short Title
of 1988 Amendment note below] shall take effect on the expiration of 60
days after the date of enactment of this Act [Oct. 25, 1988].''
Effective Date of 1973 Amendment
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section 16
of Pub. L. 93-205, set out as an Effective Date note under section 1531
of Title 16, Conservation.
Effective Date
Section 4 of Pub. L. 92-516, as amended by Pub. L. 94-140, Sec. 4,
Nov. 28, 1975, 89 Stat. 752; Pub. L. 95-396, Sec. 28, Sept. 30, 1978, 92
Stat. 842, provided that:
``(a) Except as otherwise provided in the Federal Insecticide,
Fungicide, and Rodenticide Act [this subchapter], as amended by this Act
and as otherwise provided by this section, the amendments made by this
Act [see Short Title note set out below] shall take effect at the close
of the date of the enactment of this Act [Oct. 21, 1972], provided if
regulations are necessary for the implementation of any provision that
becomes effective on the date of enactment, such regulations shall be
promulgated and shall become effective within 90 days from the date of
enactment of this Act.
``(b) The provisions of the Federal Insecticide, Fungicide, and
Rodenticide Act [this subchapter] and the regulations thereunder as such
existed prior to the enactment of this Act shall remain in effect until
superseded by the amendments made by this Act and regulations
thereunder.
``(c)(1) Two years after the enactment of this Act the Administrator
shall have promulgated regulations providing for the registration and
classification of pesticides under the provisions of this Act and
thereafter shall register all new applications under such provisions.
``(2) Any requirements that a pesticide be registered for use only
by a certified applicator shall not be effective until five years from
the date of enactment of this Act.
``(3) A period of five years from date of enactment shall be
provided for certification of applicators.
``(A) One year after the enactment of this Act the Administrator
shall have prescribed the standards for the certification of
applicators.
``(B) Each State desiring to certify applicators shall submit a
State plan to the Administrator for the purpose provided by section
4(b).
``(C) As promptly as possible but in no event more than one year
after submission of a State plan, the Administrator shall approve
the State plan or disapprove it and indicate the reasons for
disapproval. Consideration of plans resubmitted by States shall be
expedited.
``(4) One year after the enactment of this Act the Administrator
shall have promulgated and shall make effective regulations relating to
the registration of establishments, permits for experimental use, and
the keeping of books and records under the provisions of this Act.
``(d) No person shall be subject to any criminal or civil penalty
imposed by the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended by this Act, for any act (or failure to act) occurring before
the expiration of 60 days after the Administrator has published
effective regulations in the Federal Register and taken such other
action as may be necessary to permit compliance with the provisions
under which the penalty is to be imposed.
``(e) For purposes of determining any criminal or civil penalty or
liability to any third person in respect of any act or omission
occurring before the expiration of the periods referred to in this
section, the Federal Insecticide, Fungicide, and Rodenticide Act shall
be treated as continuing in effect as if this Act had not been
enacted.''
Short Title of 1996 Amendment
Section 1 of Pub. L. 104-170 provided that: ``This Act [enacting
sections 136i-2, 136r-1, and 136w-5 to 136w-7 of this title, amending
this section, sections 136a, 136a-1, 136d, 136q, 136s, 136w, 136w-3,
136x, and 136y of this title, and sections 321, 331, 333, 342, and 346a
of Title 21, Food and Drugs, and enacting provisions set out as notes
under section 136i-2 of this title and sections 301 and 346a of Title
21] may be cited as the `Food Quality Protection Act of 1996'.''
[Another Food Quality Protection Act of 1996 was enacted by Pub. L.
104-170, title IV, 110 Stat. 1513, see section 401(a) of Pub. L. 104-
170, set out as a note under section 301 of Title 21, Food and Drugs.]
Short Title of 1988 Amendment
Section 1(a) of Pub. L. 100-532 provided that: ``This Act [enacting
section 136a-1 of this title, amending this section and sections 136a to
136d, 136f to 136q, 136s, 136v to 136w-2, and 136y of this title, and
enacting provisions set out as notes under this section and sections
136m and 136y of this title] may be cited as the `Federal Insecticide,
Fungicide, and Rodenticide Act Amendments of 1988'.''
Short Title of 1978 Amendment
Section 29 of Pub. L. 95-396 provided that: ``This Act [enacting
sections 136w-1 to 136w-4 of this title, amending this section and
sections 136a to 136f, 136h, 136j, 136l, 136o, 136q, 136r, 136u to 136w,
136x, and 136y of this title, enacting provisions set out as notes under
sections 136a, 136o, and 136w-4 of this title, and amending provisions
set out as a note under this section] may be cited as the `Federal
Pesticide Act of 1978'.''
Short Title
Section 1 of Pub. L. 92-516 provided: ``That this Act [amending this
subchapter generally, enacting notes set out under this section, and
amending sections 1261 and 1471 of Title 15, Commerce and Trade, and
sections 321 and 346a of Title 21, Foods and Drugs] may be cited as the
`Federal Environmental Pesticide Control Act of 1972'.''
Section 1(a) of act June 25, 1947, as added by Pub. L. 92-516,
Sec. 2, provided that: ``This Act [enacting this subchapter] may be
cited as the `Federal Insecticide, Fungicide, and Rodenticide Act'.''
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Federal Compliance With Pollution Control Standards
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out
as a note under section 4321 of Title 42, The Public Health and Welfare.
Section Referred to in Other Sections
This section is referred to in sections 136a, 136o, 136w, 136w-1,
138 of this title.
