§ 136v. — Authority of States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC136v]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 136v. Authority of States
(a) In general
A State may regulate the sale or use of any federally registered
pesticide or device in the State, but only if and to the extent the
regulation does not permit any sale or use prohibited by this
subchapter.
(b) Uniformity
Such State shall not impose or continue in effect any requirements
for labeling or packaging in addition to or different from those
required under this subchapter.
(c) Additional uses
(1) A State may provide registration for additional uses of
federally registered pesticides formulated for distribution and use
within that State to meet special local needs in accord with the
purposes of this subchapter and if registration for such use has not
previously been denied, disapproved, or canceled by the Administrator.
Such registration shall be deemed registration under section 136a of
this title for all purposes of this subchapter, but shall authorize
distribution and use only within such State.
(2) A registration issued by a State under this subsection shall not
be effective for more than ninety days if disapproved by the
Administrator within that period. Prior to disapproval, the
Administrator shall, except as provided in paragraph (3) of this
subsection, advise the State of the Administrator's intention to
disapprove and the reasons therefor, and provide the State time to
respond. The Administrator shall not prohibit or disapprove a
registration issued by a State under this subsection (A) on the basis of
lack of essentiality of a pesticide or (B) except as provided in
paragraph (3) of this subsection, if its composition and use patterns
are similar to those of a federally registered pesticide.
(3) In no instance may a State issue a registration for a food or
feed use unless there exists a tolerance or exemption under the Federal
Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] that permits the
residues of the pesticides on the food or feed. If the Administrator
determines that a registration issued by a State is inconsistent with
the Federal Food, Drug, and Cosmetic Act, or the use of, a pesticide
under a registration issued by a State constitutes an imminent hazard,
the Administrator may immediately disapprove the registration.
(4) If the Administrator finds, in accordance with standards set
forth in regulations issued under section 136w of this title, that a
State is not capable of exercising adequate controls to assure that
State registration under this section will be in accord with the
purposes of this subchapter or has failed to exercise adequate controls,
the Administrator may suspend the authority of the State to register
pesticides until such time as the Administrator is satisfied that the
State can and will exercise adequate controls. Prior to any such
suspension, the Administrator shall advise the State of the
Administrator's intention to suspend and the reasons therefor and
provide the State time to respond.
(June 25, 1947, ch. 125, Sec. 24, as added Pub. L. 92-516, Sec. 2, Oct.
21, 1972, 86 Stat. 997; amended Pub. L. 95-396, Sec. 22, Sept. 30, 1978,
92 Stat. 835; Pub. L. 100-532, title VIII, Sec. 801(m), Oct. 25, 1988,
102 Stat. 2682.)
References in Text
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(c)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which
is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21,
Food and Drugs. For complete classification of this Act to the Code, see
section 301 of Title 21 and Tables.
Amendments
1988--Pub. L. 100-532, Sec. 801(m), inserted headings for subsecs.
(a) to (c) and realigned margins of pars. (1) to (4) of subsec. (c).
1978--Subsec. (a). Pub. L. 95-396 inserted ``federally registered''
before ``pesticide or device''.
Subsec. (b). Pub. L. 95-396 substituted ``labeling or packaging''
and ``required under'' for ``labeling and packaging'' and ``required
pursuant to'', respectively.
Subsec. (c)(1). Pub. L. 95-396 incorporated existing text in
provisions designated par. (1) and substituted ``registration for
additional uses of federally registered pesticides'' for ``registration
for pesticides''.
Subsec. (c)(2). Pub. L. 95-396 incorporated existing text in
provisions designated par. (2), conditioned disapproval of registration
on communication of intention to disapprove and reasons for disapproval
and provision for time to respond, and restricted authority of
Administrator to prohibit or disapprove a State registration.
Subsec. (c)(3). Pub. L. 95-396 added par. (3).
Subsec. (c)(4). Pub. L. 95-396 incorporated existing text in
provisions designated par. (4) and authorized suspension of registration
authority of the State based on findings of inability or failure to
exercise adequate controls following an indication of intention to
suspend and reasons for the suspension and provision for time to
respond.
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, 136a of this title.
