§ 136w-2. — Failure by the State to assure enforcement of State pesticide use regulations.
[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-2]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 136w-2. Failure by the State to assure enforcement of State
pesticide use regulations
(a) Referral
Upon receipt of any complaint or other information alleging or
indicating a significant violation of the pesticide use provisions of
this subchapter, the Administrator shall refer the matter to the
appropriate State officials for their investigation of the matter
consistent with the requirements of this subchapter. If, within thirty
days, the State has not commenced appropriate enforcement action, the
Administrator may act upon the complaint or information to the extent
authorized under this subchapter.
(b) Notice
Whenever the Administrator determines that a State having primary
enforcement responsibility for pesticide use violations is not carrying
out (or cannot carry out due to the lack of adequate legal authority)
such responsibility, the Administrator shall notify the State. Such
notice shall specify those aspects of the administration of the State
program that are determined to be inadequate. The State shall have
ninety days after receipt of the notice to correct any deficiencies. If
after that time the Administrator determines that the State program
remains inadequate, the Administrator may rescind, in whole or in part,
the State's primary enforcement responsibility for pesticide use
violations.
(c) Construction
Neither section 136w-1 of this title nor this section shall limit
the authority of the Administrator to enforce this subchapter, where the
Administrator determines that emergency conditions exist that require
immediate action on the part of the Administrator and the State
authority is unwilling or unable adequately to respond to the emergency.
(June 25, 1947, ch. 125, Sec. 27, as added Pub. L. 95-396, Sec. 24(2),
Sept. 30, 1978, 92 Stat. 837; amended Pub. L. 100-532, title VIII,
Sec. 801(p), Oct. 25, 1988, 102 Stat. 2683.)
Prior Provisions
A prior section 27 of act June 25, 1947, ch. 125, was renumbered
section 34 and is classified to section 136y of this title.
Amendments
1988--Pub. L. 100-532 inserted headings for subsecs. (a) to (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.
