§ 136i. — Use of restricted use pesticides; applicators.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC136i]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 136i. Use of restricted use pesticides; applicators
(a) Certification procedure
(1) Federal certification
In any State for which a State plan for applicator certification
has not been approved by the Administrator, the Administrator, in
consultation 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 subsection (a)(2) of this section and shall
not require private applicators to take any examination to establish
competency in the use of pesticides. 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 available 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 during 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 request from the Governor. In any State in which the
Administrator conducts a certification program, the Administrator
may require 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
restricted use to maintain such records and submit such reports
concerning the commercial application, sale, or distribution of such
pesticide as the Administrator may by regulation prescribe. Subject
to paragraph (2), the Administrator 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
competent 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 certification
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 adequate information and affirmations
to carry out the intent of this subchapter, and may include in the
form an affirmation that the private applicator has completed a
training program 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 examination to
establish competency in the use of the pesticide. The Administrator
may require any pesticide dealer participating in a certification
program to be licensed under a State licensing program approved by
the Administrator.
(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 purpose. The Administrator shall approve the plan submitted by
any State, or any modification thereof, if such plan in the
Administrator's judgment--
(A) designates a State agency as the agency responsible for
administering the plan throughout the State;
(B) contains satisfactory assurances that such agency has or
will have the legal authority and qualified personnel necessary
to carry out the plan;
(C) gives satisfactory assurances that the State will devote
adequate funds to the administration 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 applicators 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
section.
(b) State plans
If the Administrator rejects a plan submitted under subsection
(a)(2) of this section, 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) of this section, then such State shall certify applicators of
pesticides with respect to such State. Whenever the Administrator
determines that a State is not administering the certification program
in accordance with the plan approved under this section, the
Administrator shall so notify the State and provide for a hearing at the
request of the State, and, if appropriate 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) of this section, and
State plans submitted to the Administrator under subsection (a) of this
section, shall include provisions for making instructional materials
concerning integrated pest management techniques available to
individuals at their request in accordance with the provisions of
section 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 techniques. The
Administrator and States implementing such plans shall provide that all
interested individuals are notified on the availability of such
instructional materials.
(d) In general
No regulations prescribed by the Administrator for carrying out the
provisions of this subchapter shall require any private applicator 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
commercial and private applicators.
(June 25, 1947, ch. 125, Sec. 11, formerly Secs. 4, 11, as added Pub. L.
92-516, Sec. 2, Oct. 21, 1972, 86 Stat. 983, 989; amended Pub. L. 94-
140, Secs. 5, 11, Nov. 28, 1975, 89 Stat. 753, 754; Pub. L. 95-396,
Sec. 9, Sept. 30, 1978, 92 Stat. 827; Pub. L. 100-532, title VIII,
Sec. 801(c), (q)(1)(A)-(C), Oct. 25, 1988, 102 Stat. 2681, 2683; Pub. L.
102-237, title X, Sec. 1006(a)(6), (b)(1), (2), (3)(K), Dec. 13, 1991,
105 Stat. 1895, 1896.)
Codification
Pub. L. 100-532, Sec. 801(q)(1)(A), transferred subsecs. (a) to (c)
of section 4 of act June 25, 1947, which was classified 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, Sec. 1006(a)(6)(A), substituted
``applicators'' for ``appplicators'' in section catchline.
Subsec. (a)(1). Pub. L. 102-237, Sec. 1006(b)(3)(K), substituted
``the applicator'' for ``his'' in ninth sentence and ``the
Administrator'' for ``him'' before period at end.
Subsec. (a)(2). Pub. L. 102-237, Sec. 1006(b)(2), substituted ``the
Administrator's'' for ``his'' in introductory provisions.
Subsec. (b). Pub. L. 102-237, Sec. 1006(a)(6)(B), (b)(1),
substituted ``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, Sec. 1006(a)(6)(C), substituted
``subsection (a)'' for ``subsections (a) and (b)'' after ``Administrator
under''.
1988--Pub. L. 100-532, Sec. 801(q)(1)(A), (C), substituted section
catchline for one which read: ``Standards applicable 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, Sec. 801(c), substituted
``pesticides. Such program'' for ``pesticides: Provided, That such
program'' and ``certification. The certification'' 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 certification approved by the
Administrator, the Administrator, in consultation with the Governor of
the State, shall conduct a program for the certification of applicators
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
pesticides classified for restricted use.
1975--Subsec. (a)(1). Pub. L. 94-140, Sec. 5, inserted proviso
relating to Administrator's powers and duties with respect to the
certification forms and requirement for pesticide dealers participating
in certification program.
Subsec. (c). Pub. L. 94-140, Sec. 11, added subsec. (c).
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.
Section Referred to in Other Sections
This section is referred to in sections 136, 136c, 136j, 136q, 136w-
1 of this title.
