§ 136q. — Storage, disposal, transportation, and recall.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC136q]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 136q. Storage, disposal, transportation, and recall
(a) Storage, disposal, and transportation
(1) Data requirements and registration of pesticides
The Administrator may require under section 136a or 136d of this
title that--
(A) the registrant or applicant for registration of a
pesticide submit or cite data or information regarding methods
for the safe storage and disposal of excess quantities of the
pesticide to support the registration or continued registration
of a pesticide;
(B) the labeling of a pesticide contain requirements and
procedures for the transportation, storage, and disposal of the
pesticide, any container of the pesticide, any rinsate
containing the pesticide, or any other material used to contain
or collect excess or spilled quantities of the pesticide; and
(C) the registrant of a pesticide provide evidence of
sufficient financial and other resources to carry out a recall
plan under subsection (b) of this section, and provide for the
disposition of the pesticide, in the event of suspension and
cancellation of the pesticide.
(2) Pesticides
The Administrator may by regulation, or as part of an order
issued under section 136d of this title or an amendment to such an
order--
(A) issue requirements and procedures to be followed by any
person who stores or transports a pesticide the registration of
which has been suspended or canceled;
(B) issue requirements and procedures to be followed by any
person who disposes of stocks of a pesticide the registration of
which has been suspended; and
(C) issue requirements and procedures for the disposal of
any pesticide the registration of which has been canceled.
(3) Containers, rinsates, and other materials
The Administrator may by regulation, or as part of an order
issued under section 136d of this title or an amendment to such an
order--
(A) issue requirements and procedures to be followed by any
person who stores or transports any container of a pesticide the
registration of which has been suspended or canceled, any
rinsate containing the pesticide, or any other material used to
contain or collect excess or spilled quantities of the
pesticide;
(B) issue requirements and procedures to be followed by any
person who disposes of stocks of any container of a pesticide
the registration of which has been suspended, any rinsate
containing the pesticide, or any other material used to contain
or collect excess or spilled quantities of the pesticide; and
(C) issue requirements and procedures for the disposal of
any container of a pesticide the registration of which has been
canceled, any rinsate containing the pesticide, or any other
material used to contain or collect excess or spilled quantities
of the pesticide.
(b) Recalls
(1) In general
If the registration of a pesticide has been suspended and
canceled under section 136d of this title, and if the Administrator
finds that recall of the pesticide is necessary to protect health or
the environment, the Administrator shall order a recall of the
pesticide in accordance with this subsection.
(2) Voluntary recall
If, after determining under paragraph (1) that a recall is
necessary, the Administrator finds that voluntary recall by the
registrant and others in the chain of distribution may be as safe
and effective as a mandatory recall, the Administrator shall request
the registrant of the pesticide to submit, within 60 days of the
request, a plan for the voluntary recall of the pesticide. If such a
plan is requested and submitted, the Administrator shall approve the
plan and order the registrant to conduct the recall in accordance
with the plan unless the Administrator determines, after an informal
hearing, that the plan is inadequate to protect health or the
environment.
(3) Mandatory recall
If, after determining under paragraph (1) that a recall is
necessary, the Administrator does not request the submission of a
plan under paragraph (2) or finds such a plan to be inadequate, the
Administrator shall issue a regulation that prescribes a plan for
the recall of the pesticide. A regulation issued under this
paragraph may apply to any person who is or was a registrant,
distributor, or seller of the pesticide, or any successor in
interest to such a person.
(4) Recall procedure
A regulation issued under this subsection may require any person
that is subject to the regulation to--
(A) arrange to make available one or more storage facilities
to receive and store the pesticide to which the recall program
applies, and inform the Administrator of the location of each
such facility;
(B) accept and store at such a facility those existing
stocks of such pesticide that are tendered by any other person
who obtained the pesticide directly or indirectly from the
person that is subject to such regulation;
(C) on the request of a person making such a tender, provide
for proper transportation of the pesticide to a storage
facility; and
(D) take such reasonable steps as the regulation may
prescribe to inform persons who may be holders of the pesticide
of the terms of the recall regulation and how those persons may
tender the pesticide and arrange for transportation of the
pesticide to a storage facility.
(5) Contents of recall plan
A recall plan established under this subsection shall include--
(A) the level in the distribution chain to which the recall
is to extend, and a schedule for recall; and
(B) the means to be used to verify the effectiveness of the
recall.
(6) Requirements or procedures
No requirement or procedure imposed in accordance with paragraph
(2) of subsection (a) of this section may require the recall of
existing stocks of the pesticide except as provided by this
subsection.
(c) Storage costs
(1) Submission of plan
A registrant who wishes to become eligible for reimbursement of
storage costs incurred as a result of a recall prescribed under
subsection (b) of this section for a pesticide whose registration
has been suspended and canceled shall, as soon as practicable after
the suspension of the registration of the pesticide, submit to the
Administrator a plan for the storage and disposal of the pesticide
that meets criteria established by the Administrator by regulation.
(2) Reimbursement
Within a reasonable period of time after such storage costs are
incurred and paid by the registrant, the Administrator shall
reimburse the registrant, on request, for--
(A) none of the costs incurred by the registrant before the
date of submission of the plan referred to in paragraph (1) to
the Administrator;
(B) 100 percent of the costs incurred by the registrant
after the date of submission of the plan to the Administrator or
the date of cancellation of the registration of the pesticide,
whichever is later, but before the approval of the plan by the
Administrator;
(C) 50 percent of the costs incurred by the registrant
during the 1-year period beginning on the date of the approval
of the plan by the Administrator or the date of cancellation of
the registration of the pesticide, whichever is later;
(D) none of the costs incurred by the registrant during the
3-year period beginning on the 366th day following approval of
the plan by the Administrator or the date of cancellation of the
registration of the pesticide, whichever is later; and
(E) 25 percent of the costs incurred by the registrant
during the period beginning on the first day of the 5th year
following the date of the approval of the plan by the
Administrator or the date of cancellation of the registration of
the pesticide, whichever is later, and ending on the date that a
disposal permit for the pesticide is issued by a State or an
alternative plan for disposal of the pesticide in accordance
with applicable law has been developed.
(d) Administration of storage, disposal, transportation, and recall
programs
(1) Voluntary agreements
Nothing in this section shall be construed as preventing or
making unlawful any agreement between a seller and a buyer of any
pesticide or other substance regarding the ultimate allocation of
the costs of storage, transportation, or disposal of a pesticide.
(2) Rule and regulation review
Section 136w(a)(4) of this title shall not apply to any
regulation issued under subsection (a)(2) or (b) of this section.
(3) Limitations
No registrant shall be responsible under this section for a
pesticide the registration of which is held by another person. No
distributor or seller shall be responsible under this section for a
pesticide that the distributor or seller did not hold or sell.
(4) Seizure and penalties
If the Administrator finds that a person who is subject to a
regulation or order under subsection (a)(2) or (b) of this section
has failed substantially to comply with that regulation or order,
the Administrator may take action under section 136k or 136l of this
title or obtain injunctive relief under section 136n(c) of this
title against such person or any successor in interest of any such
person.
(e) Container design
(1) Procedures
(A) Not later than 3 years after the effective date of this
subsection, the Administrator shall, in consultation with the heads
of other interested Federal agencies, promulgate regulations for the
design of pesticide containers that will promote the safe storage
and disposal of pesticides.
(B) The regulations shall ensure, to the fullest extent
practicable, that the containers--
(i) accommodate procedures used for the removal of
pesticides from the containers and the rinsing of the
containers;
(ii) facilitate the safe use of the containers, including
elimination of splash and leakage of pesticides from the
containers;
(iii) facilitate the safe disposal of the containers; and
(iv) facilitate the safe refill and reuse of the containers.
(2) Compliance
The Administrator shall require compliance with the regulations
referred to in paragraph (1) not later than 5 years after the
effective date of this subsection.
(f) Pesticide residue removal
(1) Procedures
(A) Not later than 3 years after the effective date of this
subsection, the Administrator shall, in consultation with the heads
of other interested Federal agencies, promulgate regulations
prescribing procedures and standards for the removal of pesticides
from containers prior to disposal.
(B) The regulations may--
(i) specify, for each major type of pesticide container,
procedures and standards providing for, at a minimum, triple
rinsing or the equivalent degree of pesticide removal;
(ii) specify procedures that can be implemented promptly and
easily in various circumstances and conditions;
(iii) provide for reuse, whenever practicable, or disposal
of rinse water and residue; and
(iv) be coordinated with requirements for the rinsing of
containers imposed under the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.).
(C) The Administrator may, at the discretion of the
Administrator, exempt products intended solely for household use
from the requirements of this subsection.
(2) Compliance
Effective beginning 5 years after the effective date of this
subsection, a State may not exercise primary enforcement
responsibility under section 136w-1 of this title, or certify an
applicator under section 136i of this title, unless the
Administrator determines that the State is carrying out an adequate
program to ensure compliance with this subsection.
(3) Solid Waste Disposal Act
Nothing in this subsection shall affect the authorities or
requirements concerning pesticide containers under the Solid Waste
Disposal Act (42 U.S.C. 6901).
(g) Pesticide container study
(1) Study
(A) The Administrator shall conduct a study of options to
encourage or require--
(i) the return, refill, and reuse of pesticide containers;
(ii) the development and use of pesticide formulations that
facilitate the removal of pesticide residues from containers;
and
(iii) the use of bulk storage facilities to reduce the
number of pesticide containers requiring disposal.
(B) In conducting the study, the Administrator shall--
(i) consult with the heads of other interested Federal
agencies, State agencies, industry groups, and environmental
organizations; and
(ii) assess the feasibility, costs, and environmental
benefits of encouraging or requiring various measures or
actions.
(2) Report
Not later than 2 years after the effective date of this
subsection, the Administrator shall submit to Congress a report
describing the results of the study required under paragraph (1).
(h) Relationship to Solid Waste Disposal Act
(1) In general
Nothing in this section shall diminish the authorities or
requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(2) Antimicrobial products
A household, industrial, or institutional antimicrobial product
that is not subject to regulation under the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.) shall not be subject to the provisions of
subsections (a), (e), and (f) of this section, unless the
Administrator determines that such product must be subject to such
provisions to prevent an unreasonable adverse effect on the
environment.
(June 25, 1947, ch. 125, Sec. 19, as added Pub. L. 92-516, Sec. 2, Oct.
21, 1972, 86 Stat. 995; amended Pub. L. 95-396, Sec. 19, Sept. 30, 1978,
92 Stat. 833; Pub. L. 100-532, title IV, Secs. 401-403, title VIII,
Sec. 801(q)(1)(D), Oct. 25, 1988, 102 Stat. 2669, 2672, 2683; Pub. L.
104-170, title II, Sec. 225, Aug. 3, 1996, 110 Stat. 1507.)
References in Text
The effective date of this subsection, referred to in subsecs. (e),
(f)(1)(A), (2), and (g)(2), is 60 days after Oct. 25, 1988, the
effective date of Pub. L. 100-532. See Effective Date of 1988 Amendment
note below.
The Solid Waste Disposal Act, referred to in subsecs. (f)(1)(B)(iv),
(3) and (h), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997,
as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat.
2795, which is classified generally to chapter 82 (Sec. 6901 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section 6901 of
Title 42 and Tables.
Amendments
1996--Subsec. (h). Pub. L. 104-170 designated existing provisions as
par. (1), inserted heading, and added par. (2).
1988--Pub. L. 100-532, Sec. 401, amended section generally, in
subsec. (a) substituting provisions which related to storage, disposal,
and transportation, for provisions which directed Secretary to establish
procedures for disposal or storage, in subsec. (b) substituting
provisions which related to recalls, for provisions which directed
Administrator to provide advice to Secretary of Transportation, in
subsec. (c) substituting provisions which related to storage costs, for
provisions which related to disposal of unused quantities, and adding
subsec. (d).
Subsec. (a)(3). Pub. L. 100-532, Sec. 402, added par. (3).
Subsecs. (e), (f). Pub. L. 100-532, Sec. 403, added subsecs. (e) and
(f).
Subsec. (f)(2). Pub. L. 100-532, Sec. 801(q)(1)(D), substituted
``136i'' for ``136b''.
Subsecs. (g), (h). Pub. L. 100-532, Sec. 403, added subsecs. (g) and
(h).
1978--Subsec. (c). Pub. L. 95-396 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 136g, 136j of this title.
