§ 136w-1. — State primary enforcement responsibility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC136w-1]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 136w-1. State primary enforcement responsibility
(a) In general
For the purposes of this subchapter, a State shall have primary
enforcement responsibility for pesticide use violations during any
period for which the Administrator determines that such State--
(1) has adopted adequate pesticide use laws and regulations,
except that the Administrator may not require a State to have
pesticide use laws that are more stringent than this subchapter;
(2) has adopted and is implementing adequate procedures for the
enforcement of such State laws and regulations; and
(3) will keep such records and make such reports showing
compliance with paragraphs (1) and (2) of this subsection as the
Administrator may require by regulation.
(b) Special rules
Notwithstanding the provisions of subsection (a) of this section,
any State that enters into a cooperative agreement with the
Administrator under section 136u of this title for the enforcement of
pesticide use restrictions shall have the primary enforcement
responsibility for pesticide use violations. Any State that has a plan
approved by the Administrator in accordance with the requirements of
section 136i of this title that the Administrator determines meets the
criteria set out in subsection (a) of this section shall have the
primary enforcement responsibility for pesticide use violations. The
Administrator shall make such determinations with respect to State plans
under section 136i of this title in effect on September 30, 1978, not
later than six months after that date.
(c) Administrator
The Administrator shall have primary enforcement responsibility for
those States that do not have primary enforcement responsibility under
this subchapter. Notwithstanding the provisions of section 136(e)(1) of
this title, during any period when the Administrator has such
enforcement responsibility, section 136f(b) of this title shall apply to
the books and records of commercial applicators and to any applicator
who holds or applies pesticides, or uses dilutions of pesticides, only
to provide a service of controlling pests without delivering any
unapplied pesticide to any person so served, and section 136g(a) of this
title shall apply to the establishment or other place where pesticides
or devices are held for application by such persons with respect to
pesticides or devices held for such application.
(June 25, 1947, ch. 125, Sec. 26, as added Pub. L. 95-396, Sec. 24(2),
Sept. 30, 1978, 92 Stat. 836; amended Pub. L. 100-532, title VIII,
Sec. 801(o), (q)(1)(D), Oct. 25, 1988, 102 Stat. 2683; Pub. L. 102-237,
title X, Sec. 1006(a)(11), Dec. 13, 1991, 105 Stat. 1895.)
Prior Provisions
A prior section 26 of act June 25, 1947, ch. 125, was renumbered
section 33 and is classified to section 136x of this title.
Amendments
1991--Subsec. (c). Pub. L. 102-237 substituted ``uses'' for ``use''.
1988--Subsec. (a). Pub. L. 100-532, Sec. 801(o)(1), (2), inserted
heading and substituted ``regulations. The Administrator'' for
``regulations; Provided, That the Administrator'' in par. (1).
Subsec. (b). Pub. L. 100-532, Sec. 801(o)(3), (q)(1)(D), inserted
heading and substituted ``136i'' for ``136b'' in two places.
Subsec. (c). Pub. L. 100-532, Sec. 801(o)(4), inserted heading.
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.
Section Referred to in Other Sections
This section is referred to in sections 136q, 136w-2 of this title.
