2415.03 Attachment B

ATTACHMENT B
Docket ID: EPA-HQ-OPP-2016-0078
§§ 13051 to 13055
TITLE 42—THE PUBLIC HEALTH AND WELFARE
section, no additional staff shall be hired without a check having been completed.
(2) For the purposes of this section, the term
‘‘child care services’’ means child protective
services (including the investigation of child
abuse and neglect reports), social services,
health and mental health care, child (day) care,
education (whether or not directly involved in
teaching), foster care, residential care, recreational or rehabilitative programs, and detention, correctional, or treatment services.
(b) Criminal history check
(1) A background check required by subsection
(a) of this section shall be—
(A) based on a set of the employee’s fingerprints obtained by a law enforcement officer
and on other identifying information;
(B) conducted through the Identification Division of the Federal Bureau of Investigation
and through the State criminal history repositories of all States that an employee or prospective employee lists as current and former
residences in an employment application; and
(C) initiated through the personnel programs
of the applicable Federal agencies.

OMB Control No. 2070-0188
Page 7500

indicating that the employee or prospective employee has been notified of the employer’s obligation to require a record check as a condition
of employment and the employee’s right to obtain a copy of the criminal history report made
available to the employing Federal agency and
the right to challenge the accuracy and completeness of any information contained in the
report.
(e) Encouragement of voluntary criminal history
checks for others who may have contact with
children
Federal agencies and facilities are encouraged
to submit identifying information for criminal
history checks on volunteers working in any of
the positions listed in subsection (a) of this section and on adult household members in places
where child care or foster care services are being
provided in a home.
(Pub. L. 101–647, title II, § 231, Nov. 29, 1990, 104
Stat. 4808; Pub. L. 102–190, div. A, title X,
§ 1094(a), Dec. 5, 1991, 105 Stat. 1488.)
AMENDMENTS
1991—Subsec. (a)(1). Pub. L. 102–190, § 1094(a)(1), substituted ‘‘May 29, 1991. Except as provided in subsection
(b)(3) of this section, no additional staff’’ for ‘‘6 months
after November 29, 1990, and no additional staff’’.
Subsec. (b)(3). Pub. L. 102–190, § 1094(a)(2), added par.
(3).

(2) The results of the background check shall
be communicated to the employing agency.
(3) An agency or facility described in subsection (a)(1) of this section may hire a staff person provisionally prior to the completion of a
background check if, at all times prior to receipt of the background check during which
children are in the care of the person, the person
is within the sight and under the supervision of
a staff person with respect to whom a background check has been completed.
(c) Applicable criminal histories
Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be
ground for denying employment or for dismissal
of an employee in any of the positions listed in
subsection (a)(2) of this section. In the case of an
incident in which an individual has been charged
with one of those offenses, when the charge has
not yet been disposed of, an employer may suspend an employee from having any contact with
children while on the job until the case is resolved. Conviction of a crime other than a sex
crime may be considered if it bears on an individual’s fitness to have responsibility for the
safety and well-being of children.
(d) Employment applications
(1) Employment applications for individuals
who are seeking work for an agency of the Federal Government, or for a facility or program
operated by (or through contract with) the Federal Government, in any of the positions listed
in subsection (a)(1) of this section, shall contain
a question asking whether the individual has
ever been arrested for or charged with a crime
involving a child, and if so requiring a description of the disposition of the arrest or charge.
An application shall state that it is being signed
under penalty of perjury, with the applicable
Federal punishment for perjury stated on the
application.
(2) A Federal agency seeking a criminal history record check shall first obtain the signature of the employee or prospective employee

SUBCHAPTER VI—TREATMENT FOR JUVENILE OFFENDERS WHO ARE VICTIMS OF
CHILD ABUSE OR NEGLECT
§§ 13051 to 13055. Repealed. Pub. L. 102–586,
§ 2(i)(2), Nov. 4, 1992, 106 Stat. 5015
Section 13051, Pub. L. 101–647, title II, § 251, Nov. 29,
1990, 104 Stat. 4814, authorized Administrator to make
grants to public and nonprofit private organizations to
develop, establish, and support projects for juvenile offenders who are victims of child abuse or neglect.
Section 13052, Pub. L. 101–647, title II, § 252, Nov. 29,
1990, 104 Stat. 4815, related to administrative requirements.
Section 13053, Pub. L. 101–647, title II, § 253, Nov. 29,
1990, 104 Stat. 4815, provided that Administrator in
making grants give priority to applicants with experience and not disapprove an application solely because
applicant proposes treating or serving juveniles whose
offenses were not serious crimes.
Section 13054, Pub. L. 101–647, title II, § 254, Nov. 29,
1990, 104 Stat. 4815, authorized appropriations to carry
out this subchapter.
Section 13055, Pub. L. 101–647, title II, § 255, Nov. 29,
1990, 104 Stat. 4815, defined ‘‘Administrator’’ and ‘‘juvenile’’ for purposes of this subchapter.
EFFECTIVE DATE OF REPEAL
Section 2(i)(2) of Pub. L. 102–586 provided that the repeal by that section is effective Sept. 30, 1993.

CHAPTER 133—POLLUTION PREVENTION
Sec.

13101.
13102.
13103.
13104.
13105.
13106.
13107.

1

Findings and policy.
Definitions.
EPA activities.
Grants to States for State technical assistance programs.
Source Reduction Clearinghouse.
Source reduction and recycling data collection.
EPA report.

ATTACHMENT B
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Page 7501
TITLE 42—THE PUBLIC HEALTH AND WELFARE
Sec.

13108.
13109.

OMB Control No. 2070-0188
§ 13103

this title] may be cited as the ‘Pollution Prevention
Act of 1990’.’’

Savings provisions.
Authorization of appropriations.

§ 13102. Definitions

§ 13101. Findings and policy

For purposes of this chapter—
(1) The term ‘‘Administrator’’ means the Administrator of the Environmental Protection
Agency.
(2) The term ‘‘Agency’’ means the Environmental Protection Agency.
(3) The term ‘‘toxic chemical’’ means any
substance on the list described in section
11023(c) of this title.
(4) The term ‘‘release’’ has the same meaning as provided by section 11049(8) of this title.
(5)(A) The term ‘‘source reduction’’ means
any practice which—
(i) reduces the amount of any hazardous
substance, pollutant, or contaminant entering any waste stream or otherwise released
into the environment (including fugitive
emissions) prior to recycling, treatment, or
disposal; and
(ii) reduces the hazards to public health
and the environment associated with the release of such substances, pollutants, or contaminants.

(a) Findings
The Congress finds that:
(1) The United States of America annually
produces millions of tons of pollution and
spends tens of billions of dollars per year controlling this pollution.
(2) There are significant opportunities for industry to reduce or prevent pollution at the
source through cost-effective changes in production, operation, and raw materials use.
Such changes offer industry substantial savings in reduced raw material, pollution control, and liability costs as well as help protect
the environment and reduce risks to worker
health and safety.
(3) The opportunities for source reduction
are often not realized because existing regulations, and the industrial resources they require for compliance, focus upon treatment
and disposal, rather than source reduction; existing regulations do not emphasize multimedia management of pollution; and businesses need information and technical assistance to overcome institutional barriers to the
adoption of source reduction practices.
(4) Source reduction is fundamentally different and more desirable than waste management and pollution control. The Environmental Protection Agency needs to address
the historical lack of attention to source reduction.
(5) As a first step in preventing pollution
through source reduction, the Environmental
Protection Agency must establish a source reduction program which collects and disseminates information, provides financial assistance to States, and implements the other activities provided for in this chapter.
(b) Policy
The Congress hereby declares it to be the national policy of the United States that pollution
should be prevented or reduced at the source
whenever feasible; pollution that cannot be prevented should be recycled in an environmentally
safe manner, whenever feasible; pollution that
cannot be prevented or recycled should be treated in an environmentally safe manner whenever
feasible; and disposal or other release into the
environment should be employed only as a last
resort and should be conducted in an environmentally safe manner.

The term includes equipment or technology
modifications, process or procedure modifications, reformulation or redesign of products,
substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control.
(B) The term ‘‘source reduction’’ does not include any practice which alters the physical,
chemical, or biological characteristics or the
volume of a hazardous substance, pollutant, or
contaminant through a process or activity
which itself is not integral to and necessary
for the production of a product or the providing of a service.
(6) The term ‘‘multi-media’’ means water,
air, and land.
(7) The term ‘‘SIC codes’’ refers to the 2digit code numbers used for classification of
economic activity in the Standard Industrial
Classification Manual.
(Pub. L. 101–508, title VI, § 6603, Nov. 5, 1990, 104
Stat. 1388–321.)
§ 13103. EPA activities
(a) Authorities
The Administrator shall establish in the Agency an office to carry out the functions of the Administrator under this chapter. The office shall
be independent of the Agency’s single-medium
program offices but shall have the authority to
review and advise such offices on their activities
to promote a multi-media approach to source reduction. The office shall be under the direction
of such officer of the Agency as the Administrator shall designate.
(b) Functions
The Administrator shall develop and implement a strategy to promote source reduction. As
part of the strategy, the Administrator shall—
(1) establish standard methods of measurement of source reduction;
(2) ensure that the Agency considers the effect of its existing and proposed programs on

(Pub. L. 101–508, title VI, § 6602, Nov. 5, 1990, 104
Stat. 1388–321.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(5), was in the
original ‘‘this subtitle’’, meaning subtitle F (§§ 6501,
6601–6610) of title VI, Pub. L. 101–508, which is classified
generally to this chapter. For complete classification
of subtitle F to the Code, see Short Title note below
and Tables.
SHORT TITLE
Section 6601 of Pub. L. 101–508 provided that: ‘‘This
subtitle [subtitle F (§§ 6501, 6601–6610) of title VI of Pub.
L. 101–508, enacting this chapter and section 4370c of

2

ATTACHMENT B
Docket ID: EPA-HQ-OPP-2016-0078
§ 13104
TITLE 42—THE PUBLIC HEALTH AND WELFARE
source reduction efforts and shall review regulations of the Agency prior and subsequent to
their proposal to determine their effect on
source reduction;
(3) coordinate source reduction activities in
each Agency Office 1 and coordinate with appropriate offices to promote source reduction
practices in other Federal agencies, and generic research and development on techniques
and processes which have broad applicability;
(4) develop improved methods of coordinating, streamlining and assuring public access to data collected under Federal environmental statutes;
(5) facilitate the adoption of source reduction techniques by businesses. This strategy
shall include the use of the Source Reduction
Clearinghouse and State matching grants provided in this chapter to foster the exchange of
information regarding source reduction techniques, the dissemination of such information
to businesses, and the provision of technical
assistance to businesses. The strategy shall
also consider the capabilities of various businesses to make use of source reduction techniques;
(6) identify, where appropriate, measurable
goals which reflect the policy of this chapter,
the tasks necessary to achieve the goals, dates
at which the principal tasks are to be accomplished, required resources, organizational responsibilities, and the means by which
progress in meeting the goals will be measured;
(8) 2 establish an advisory panel of technical
experts comprised of representatives from industry, the States, and public interest groups,
to advise the Administrator on ways to improve collection and dissemination of data;
(9) establish a training program on source
reduction opportunities, including workshops
and guidance documents, for State and Federal permit issuance, enforcement, and inspection officials working within all agency program offices.3
(10) identify and make recommendations to
Congress to eliminate barriers to source reduction including the use of incentives and
disincentives;
(11) identify opportunities to use Federal
procurement to encourage source reduction;
(12) develop, test and disseminate model
source reduction auditing procedures designed
to highlight source reduction opportunities;
and
(13) establish an annual award program to
recognize a company or companies which operate outstanding or innovative source reduction programs.

OMB Control No. 2070-0188
Page 7502

use of source reduction techniques by businesses.
(b) Criteria
When evaluating the requests for grants under
this section, the Administrator shall consider,
among other things, whether the proposed State
program would accomplish the following:
(1) Make specific technical assistance available to businesses seeking information about
source reduction opportunities, including
funding for experts to provide onsite technical
advice to business 1 seeking assistance and to
assist in the development of source reduction
plans.
(2) Target assistance to businesses for whom
lack of information is an impediment to
source reduction.
(3) Provide training in source reduction
techniques. Such training may be provided
through local engineering schools or any other
appropriate means.
(c) Matching funds
Federal funds used in any State program
under this section shall provide no more than 50
per centum of the funds made available to a
State in each year of that State’s participation
in the program.
(d) Effectiveness
The Administrator shall establish appropriate
means for measuring the effectiveness of the
State grants made under this section in promoting the use of source reduction techniques by
businesses.
(e) Information
States receiving grants under this section
shall make information generated under the
grants available to the Administrator.
(Pub. L. 101–508, title VI, § 6605, Nov. 5, 1990, 104
Stat. 1388–323.)
§ 13105. Source Reduction Clearinghouse
(a) Authority
The Administrator shall establish a Source
Reduction Clearinghouse to compile information including a computer data base which contains information on management, technical,
and operational approaches to source reduction.
The Administrator shall use the clearinghouse
to—
(1) serve as a center for source reduction
technology transfer;
(2) mount active outreach and education
programs by the States to further the adoption of source reduction technologies; and
(3) collect and compile information reported
by States receiving grants under section 13104
of this title on the operation and success of
State source reduction programs.
(b) Public availability
The Administrator shall make available to the
public such information on source reduction as
is gathered pursuant to this chapter and such
other pertinent information and analysis regarding source reduction as may be available to

(Pub. L. 101–508, title VI, § 6604, Nov. 5, 1990, 104
Stat. 1388–322.)
§ 13104. Grants to States for State technical assistance programs
(a) General authority
The Administrator shall make matching
grants to States for programs to promote the
1 So

in original. Probably should not be capitalized.
in original. Subsec. (b) enacted without a par. (7).
3 So in original. The period probably should be a semicolon.
2 So

1 So

3

in original. Probably should be ‘‘businesses’’.

ATTACHMENT B
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
the Administrator. The data base shall permit
entry and retrieval of information to any person.

§ 13106. Source reduction and recycling data collection
(a) Reporting requirements
Each owner or operator of a facility required
to file an annual toxic chemical release form
under section 11023 of this title for any toxic
chemical shall include with each such annual
filing a toxic chemical source reduction and recycling report for the preceeding 1 calendar year.
The toxic chemical source reduction and recycling report shall cover each toxic chemical required to be reported in the annual toxic chemical release form filed by the owner or operator
under section 11023(c) of this title. This section
shall take effect with the annual report filed
under section 11023 of this title for the first full
calendar year beginning after November 5, 1990.
(b) Items included in report
The toxic chemical source reduction and recycling report required under subsection (a) of this
section shall set forth each of the following on
a facility-by-facility basis for each toxic chemical:
(1) The quantity of the chemical entering
any waste stream (or otherwise released into
the environment) prior to recycling, treatment, or disposal during the calendar year for
which the report is filed and the percentage
change from the previous year. The quantity
reported shall not include any amount reported under paragraph (7). When actual measurements of the quantity of a toxic chemical
entering the waste streams are not readily
available, reasonable estimates should be
made based on best engineering judgment.
(2) The amount of the chemical from the facility which is recycled (at the facility or elsewhere) during such calendar year, the percentage change from the previous year, and the
process of recycling used.
(3) The source reduction practices used with
respect to that chemical during such year at
the facility. Such practices shall be reported
in accordance with the following categories
unless the Administrator finds other categories to be more appropriate.
(A) Equipment, technology, process, or
procedure modifications.
(B) Reformulation or redesign of products.
(C) Substitution of raw materials.
(D) Improvement in management, training, inventory control, materials handling,
or other general operational phases of industrial facilities.
(4) The amount expected to be reported
under paragraph 2 (1) and (2) for the two calendar years immediately following the calendar year for which the report is filed. Such
amount shall be expressed as a percentage

2 So

§ 13106

change from the amount reported in paragraphs (1) and (2).
(5) A ratio of production in the reporting
year to production in the previous year. The
ratio should be calculated to most closely reflect all activities involving the toxic chemical. In specific industrial classifications subject to this section, where a feedstock or some
variable other than production is the primary
influence on waste characteristics or volumes,
the report may provide an index based on that
primary variable for each toxic chemical. The
Administrator is encouraged to develop production indexes to accommodate individual industries for use on a voluntary basis.
(6) The techniques which were used to identify source reduction opportunities. Techniques listed should include, but are not limited to, employee recommendations, external
and internal audits, participative team management, and material balance audits. Each
type of source reduction listed under paragraph (3) should be associated with the techniques or multiples of techniques used to identify the source reduction technique.
(7) The amount of any toxic chemical released into the environment which resulted
from a catastrophic event, remedial action, or
other one-time event, and is not associated
with production processes during the reporting
year.
(8) The amount of the chemical from the facility which is treated (at the facility or elsewhere) during such calendar year and the percentage change from the previous year. For
the first year of reporting under this subsection, comparison with the previous year is
required only to the extent such information
is available.
(c) SARA provisions
The provisions of sections 11042, 11045(c), and
11046 of this title shall apply to the reporting requirements of this section in the same manner
as to the reports required under section 11023 of
this title. The Administrator may modify the
form required for purposes of reporting information under section 11023 of this title to the extent he deems necessary to include the additional information required under this section.
(d) Additional optional information
Any person filing a report under this section
for any year may include with the report additional information regarding source reduction,
recycling, and other pollution control techniques in earlier years.
(e) Availability of data
Subject to section 11042 of this title, the Administrator shall make data collected under this
section publicly available in the same manner as
the data collected under section 11023 of this
title.

(Pub. L. 101–508, title VI, § 6606, Nov. 5, 1990, 104
Stat. 1388–324.)

1 So

OMB Control No. 2070-0188

(Pub. L. 101–508, title VI, § 6607, Nov. 5, 1990, 104
Stat. 1388–324.)
REFERENCES IN TEXT
SARA, referred to in the heading of subsec. (c), means
the Superfund Amendments and Reauthorization Act of
1986, Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1613, as
amended. For complete classification of this Act to the

in original. Probably should be ‘‘preceding’’.
in original. Probably should be ‘‘paragraphs’’.

4

ATTACHMENT B
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§ 13107
TITLE 42—THE PUBLIC HEALTH AND WELFARE
Code, see Short Title of 1986 Amendment note set out
under section 9601 of this title and Tables.

OMB Control No. 2070-0188
Page 7504

cess to data collected under Federal environmental statutes.
(9) An evaluation of data gaps and data duplication with respect to data collected under
Federal environmental statutes.

§ 13107. EPA report
(a) Biennial reports
The Administrator shall provide Congress
with a report within eighteen months after November 5, 1990, and biennially thereafter, containing a detailed description of the actions
taken to implement the strategy to promote
source reduction developed under section
13103(b) 1 of this title and of the results of such
actions. The report shall include an assessment
of the effectiveness of the clearinghouse and
grant program established under this chapter in
promoting the goals of the strategy, and shall
evaluate data gaps and data duplication with respect to data collected under Federal environmental statutes.
(b) Subsequent reports
Each biennial report submitted under subsection (a) of this section after the first report
shall contain each of the following:
(1) An analysis of the data collected under
section 13106 of this title on an industry-by-industry basis for not less than five SIC codes or
other categories as the Administrator deems
appropriate. The analysis shall begin with
those SIC codes or other categories of facilities which generate the largest quantities of
toxic chemical waste. The analysis shall include an evaluation of trends in source reduction by industry, firm size, production, or
other useful means. Each such subsequent report shall cover five SIC codes or other categories which were not covered in a prior report until all SIC codes or other categories
have been covered.
(2) An analysis of the usefulness and validity
of the data collected under section 13106 of
this title for measuring trends in source reduction and the adoption of source reduction
by business.
(3) Identification of regulatory and nonregulatory barriers to source reduction, and of
opportunities for using existing regulatory
programs, and incentives and disincentives to
promote and assist source reduction.
(4) Identification of industries and pollutants that require priority assistance in multimedia source reduction 2
(5) Recommendations as to incentives needed to encourage investment and research and
development in source reduction.
(6) Identification of opportunities and development of priorities for research and development in source reduction methods and techniques.
(7) An evaluation of the cost and technical
feasibility, by industry and processes, of
source reduction opportunities and current activities and an identification of any industries
for which there are significant barriers to
source reduction with an analysis of the basis
of this identification.
(8) An evaluation of methods of coordinating, streamlining, and improving public ac-

In the report following the first biennial report
provided for under this subsection, paragraphs
(3) through (9) may be included at the discretion
of the Administrator.
(Pub. L. 101–508, title VI, § 6608, Nov. 5, 1990, 104
Stat. 1388–326.)
REFERENCES IN TEXT
Section 13103(b) of this title, referred to in subsec. (a),
was in the original ‘‘section 4(b)’’ and was translated as
reading ‘‘section 6604(b)’’, meaning section 6604(b) of
Pub. L. 101–508, because Pub. L. 101–508 has no section
4 but section 6604(b) of Pub. L. 101–508 relates to development of a strategy to promote source reduction.

§ 13108. Savings provisions
(a) Nothing in this chapter shall be construed
to modify or interfere with the implementation
of title III of the Superfund Amendments and
Reauthorization Act of 1986 [42 U.S.C. 11001 et
seq.].
(b) Nothing contained in this chapter shall be
construed, interpreted or applied to supplant,
displace, preempt or otherwise diminish the responsibilities and liabilities under other State
or Federal law, whether statutory or common.
(Pub. L. 101–508, title VI, § 6609, Nov. 5, 1990, 104
Stat. 1388–327.)
REFERENCES IN TEXT
Title III of the Superfund Amendments and Reauthorization Act of 1986, referred to in subsec. (a), is
title III of Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1728,
known as the Emergency Planning and Community
Right-To-Know Act of 1986, which is classified generally to chapter 116 (§ 11001 et seq.) of this title. For complete classification of title III to the Code, see Short
Title note set out under section 11001 of this title and
Tables.

§ 13109. Authorization of appropriations
There is authorized to be appropriated to the
Administrator $8,000,000 for each of the fiscal
years 1991, 1992, and 1993 for functions carried
out under this chapter (other than State
Grants),1 and $8,000,000 for each of the fiscal
years 1991, 1992, and 1993, for grant programs to
States issued pursuant to section 13104 of this
title.
(Pub. L. 101–508, title VI, § 6610, Nov. 5, 1990, 104
Stat. 1388–327.)
CHAPTER 134—ENERGY POLICY
Sec.

13201.

‘‘Secretary’’ defined.

SUBCHAPTER I—ALTERNATIVE FUELS—GENERAL
13211.
13212.
13213.
13214.
13215.
13216.

Definitions.
Minimum Federal fleet requirement.
Refueling.
Federal agency promotion, education, and coordination.
Agency incentives program.
Recognition and incentive awards program.

1 See
2 So

References in Text note below.
in original. Probably should be followed by a period.

1 So

5

in original. Probably should not be capitalized.

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7 USC 136a

NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL
§ 136a. Registration of pesticides
(a) Requirement of registration
Except as provided by this subchapter, no person in any State may distribute or sell to any person any
pesticide that is not registered under this subchapter. To the extent necessary to prevent unreasonable
adverse effects on the environment, the Administrator may by regulation limit the distribution, sale, or
use in any State of any pesticide that is not registered under this subchapter and that is not the subject
of an experimental use permit under section 136c of this title or an emergency exemption under section
136p of this title.
(b) Exemptions
A pesticide which is not registered with the Administrator may be transferred if—
(1) the transfer is from one registered establishment to another registered establishment operated
by the same producer solely for packaging at the second establishment or for use as a constituent
part of another pesticide produced at the second establishment; or
(2) the transfer is pursuant to and in accordance with the requirements of an experimental use
permit.
(c) Procedure for registration
(1) Statement required
Each applicant for registration of a pesticide shall file with the Administrator a statement which
includes—
(A) the name and address of the applicant and of any other person whose name will appear
on the labeling;
(B) the name of the pesticide;
(C) a complete copy of the labeling of the pesticide, a statement of all claims to be made for
it, and any directions for its use;
(D) the complete formula of the pesticide;
(E) a request that the pesticide be classified for general use or for restricted use, or for both;
and
(F) except as otherwise provided in paragraph (2)(D), if requested by the Administrator, a
full description of the tests made and the results thereof upon which the claims are based, or
alternatively a citation to data that appear in the public literature or that previously had been
submitted to the Administrator and that the Administrator may consider in accordance with
the following provisions:
(i) With respect to pesticides containing active ingredients that are initially registered
under this subchapter after September 30, 1978, data submitted to support the application
for the original registration of the pesticide, or an application for an amendment adding
any new use to the registration and that pertains solely to such new use, shall not, without
the written permission of the original data submitter, be considered by the Administrator
to support an application by another person during a period of ten years following the
date the Administrator first registers the pesticide, except that such permission shall not
be required in the case of defensive data.
(ii) The period of exclusive data use provided under clause (i) shall be extended 1
additional year for each 3 minor uses registered after August 3, 1996, and within 7 years
of the commencement of the exclusive use period, up to a total of 3 additional years for all
minor uses registered by the Administrator if the Administrator, in consultation with the
-1-

ATTACHMENT B
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7 USC 136a

NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Secretary of Agriculture, determines that, based on information provided by an applicant
for registration or a registrant, that—
(I) there are insufficient efficacious alternative registered pesticides available for
the use;
(II) the alternatives to the minor use pesticide pose greater risks to the environment
or human health;
(III) the minor use pesticide plays or will play a significant part in managing pest
resistance; or
(IV) the minor use pesticide plays or will play a significant part in an integrated
pest management program.
The registration of a pesticide for a minor use on a crop grouping established by
the Administrator shall be considered for purposes of this clause 1 minor use for each
representative crop for which data are provided in the crop grouping. Any additional
exclusive use period under this clause shall be modified as appropriate or terminated if
the registrant voluntarily cancels the product or deletes from the registration the minor
uses which formed the basis for the extension of the additional exclusive use period or
if the Administrator determines that the registrant is not actually marketing the product
for such minor uses.
(iii) Except as otherwise provided in clause (i), with respect to data submitted after
December 31, 1969, by an applicant or registrant to support an application for registration,
experimental use permit, or amendment adding a new use to an existing registration,
to support or maintain in effect an existing registration, or for reregistration, the
Administrator may, without the permission of the original data submitter, consider any
such item of data in support of an application by any other person (hereinafter in this
subparagraph referred to as the “applicant”) within the fifteen-year period following
the date the data were originally submitted only if the applicant has made an offer to
compensate the original data submitter and submitted such offer to the Administrator
accompanied by evidence of delivery to the original data submitter of the offer. The
terms and amount of compensation may be fixed by agreement between the original data
submitter and the applicant, or, failing such agreement, binding arbitration under this
subparagraph. If, at the end of ninety days after the date of delivery to the original data
submitter of the offer to compensate, the original data submitter and the applicant have
neither agreed on the amount and terms of compensation nor on a procedure for reaching
an agreement on the amount and terms of compensation, either person may initiate
binding arbitration proceedings by requesting the Federal Mediation and Conciliation
Service to appoint an arbitrator from the roster of arbitrators maintained by such Service.
The procedure and rules of the Service shall be applicable to the selection of such
arbitrator and to such arbitration proceedings, and the findings and determination of the
arbitrator shall be final and conclusive, and no official or court of the United States shall
have power or jurisdiction to review any such findings and determination, except for
fraud, misrepresentation, or other misconduct by one of the parties to the arbitration or
the arbitrator where there is a verified complaint with supporting affidavits attesting to
specific instances of such fraud, misrepresentation, or other misconduct. The parties to
the arbitration shall share equally in the payment of the fee and expenses of the arbitrator.
If the Administrator determines that an original data submitter has failed to participate
in a procedure for reaching an agreement or in an arbitration proceeding as required
by this subparagraph, or failed to comply with the terms of an agreement or arbitration
decision concerning compensation under this subparagraph, the original data submitter
shall forfeit the right to compensation for the use of the data in support of the application.
Notwithstanding any other provision of this subchapter, if the Administrator determines
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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

that an applicant has failed to participate in a procedure for reaching an agreement or
in an arbitration proceeding as required by this subparagraph, or failed to comply with
the terms of an agreement or arbitration decision concerning compensation under this
subparagraph, the Administrator shall deny the application or cancel the registration of
the pesticide in support of which the data were used without further hearing. Before the
Administrator takes action under either of the preceding two sentences, the Administrator
shall furnish to the affected person, by certified mail, notice of intent to take action and
allow fifteen days from the date of delivery of the notice for the affected person to respond.
If a registration is denied or canceled under this subparagraph, the Administrator may
make such order as the Administrator deems appropriate concerning the continued sale
and use of existing stocks of such pesticide. Registration action by the Administrator shall
not be delayed pending the fixing of compensation.
(iv) After expiration of any period of exclusive use and any period for which
compensation is required for the use of an item of data under clauses (i), (ii), and (iii), the
Administrator may consider such item of data in support of an application by any other
applicant without the permission of the original data submitter and without an offer having
been received to compensate the original data submitter for the use of such item of data.
(v) The period of exclusive use provided under clause (ii) shall not take effect until 1
year after August 3, 1996, except where an applicant or registrant is applying for the
registration of a pesticide containing an active ingredient not previously registered.
(vi) With respect to data submitted after August 3, 1996, by an applicant or registrant to
support an amendment adding a new use to an existing registration that does not retain
any period of exclusive use, if such data relates solely to a minor use of a pesticide, such
data shall not, without the written permission of the original data submitter, be considered
by the Administrator to support an application for a minor use by another person during
the period of 10 years following the date of submission of such data. The applicant or
registrant at the time the new minor use is requested shall notify the Administrator that to
the best of their knowledge the exclusive use period for the pesticide has expired and that
the data pertaining solely to the minor use of a pesticide is eligible for the provisions of
this paragraph. If the minor use registration which is supported by data submitted pursuant
to this subsection is voluntarily canceled or if such data are subsequently used to support
a nonminor use, the data shall no longer be subject to the exclusive use provisions of
this clause but shall instead be considered by the Administrator in accordance with the
provisions of clause (i), as appropriate.
(G) If the applicant is requesting that the registration or amendment to the registration of
a pesticide be expedited, an explanation of the basis for the request must be submitted, in
accordance with paragraph (10) of this subsection.
(2) Data in support of registration
(A) In general
The Administrator shall publish guidelines specifying the kinds of information which will
be required to support the registration of a pesticide and shall revise such guidelines from
time to time. If thereafter the Administrator requires any additional kind of information
under subparagraph (B) of this paragraph, the Administrator shall permit sufficient time for
applicants to obtain such additional information. The Administrator, in establishing standards
for data requirements for the registration of pesticides with respect to minor uses, shall make
such standards commensurate with the anticipated extent of use, pattern of use, the public
health and agricultural need for such minor use, and the level and degree of potential beneficial
or adverse effects on man and the environment. The Administrator shall not require a person
to submit, in relation to a registration or reregistration of a pesticide for minor agricultural use
under this subchapter, any field residue data from a geographic area where the pesticide will
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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

not be registered for such use. In the development of these standards, the Administrator shall
consider the economic factors of potential national volume of use, extent of distribution, and
the impact of the cost of meeting the requirements on the incentives for any potential registrant
to undertake the development of the required data. Except as provided by section 136h of
this title, within 30 days after the Administrator registers a pesticide under this subchapter
the Administrator shall make available to the public the data called for in the registration
statement together with such other scientific information as the Administrator deems relevant
to the Administrator’s decision.
(B) Additional data
(i) If the Administrator determines that additional data are required to maintain in effect
an existing registration of a pesticide, the Administrator shall notify all existing registrants
of the pesticide to which the determination relates and provide a list of such registrants
to any interested person.
(ii) Each registrant of such pesticide shall provide evidence within ninety days after
receipt of notification that it is taking appropriate steps to secure the additional data
that are required. Two or more registrants may agree to develop jointly, or to share in
the cost of developing, such data if they agree and advise the Administrator of their
intent within ninety days after notification. Any registrant who agrees to share in the cost
of producing the data shall be entitled to examine and rely upon such data in support
of maintenance of such registration. The Administrator shall issue a notice of intent to
suspend the registration of a pesticide in accordance with the procedures prescribed by
clause (iv) if a registrant fails to comply with this clause.
(iii) If, at the end of sixty days after advising the Administrator of their agreement to
develop jointly, or share in the cost of developing, data, the registrants have not further
agreed on the terms of the data development arrangement or on a procedure for reaching
such agreement, any of such registrants may initiate binding arbitration proceedings by
requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from
the roster of arbitrators maintained by such Service. The procedure and rules of the
Service shall be applicable to the selection of such arbitrator and to such arbitration
proceedings, and the findings and determination of the arbitrator shall be final and
conclusive, and no official or court of the United States shall have power or jurisdiction
to review any such findings and determination, except for fraud, misrepresentation, or
other misconduct by one of the parties to the arbitration or the arbitrator where there is a
verified complaint with supporting affidavits attesting to specific instances of such fraud,
misrepresentation, or other misconduct. All parties to the arbitration shall share equally
in the payment of the fee and expenses of the arbitrator. The Administrator shall issue a
notice of intent to suspend the registration of a pesticide in accordance with the procedures
prescribed by clause (iv) if a registrant fails to comply with this clause.
(iv) Notwithstanding any other provision of this subchapter, if the Administrator
determines that a registrant, within the time required by the Administrator, has failed to
take appropriate steps to secure the data required under this subparagraph, to participate
in a procedure for reaching agreement concerning a joint data development arrangement
under this subparagraph or in an arbitration proceeding as required by this subparagraph,
or to comply with the terms of an agreement or arbitration decision concerning a joint data
development arrangement under this subparagraph, the Administrator may issue a notice
of intent to suspend such registrant’s registration of the pesticide for which additional
data is required. The Administrator may include in the notice of intent to suspend such
provisions as the Administrator deems appropriate concerning the continued sale and use
of existing stocks of such pesticide. Any suspension proposed under this subparagraph
shall become final and effective at the end of thirty days from receipt by the registrant of
the notice of intent to suspend, unless during that time a request for hearing is made by
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7 USC 136a

NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

a person adversely affected by the notice or the registrant has satisfied the Administrator
that the registrant has complied fully with the requirements that served as a basis for
the notice of intent to suspend. If a hearing is requested, a hearing shall be conducted
under section 136d (d) of this title. The only matters for resolution at that hearing shall be
whether the registrant has failed to take the action that served as the basis for the notice
of intent to suspend the registration of the pesticide for which additional data is required,
and whether the Administrator’s determination with respect to the disposition of existing
stocks is consistent with this subchapter. If a hearing is held, a decision after completion
of such hearing shall be final. Notwithstanding any other provision of this subchapter,
a hearing shall be held and a determination made within seventy-five days after receipt
of a request for such hearing. Any registration suspended under this subparagraph shall
be reinstated by the Administrator if the Administrator determines that the registrant has
complied fully with the requirements that served as a basis for the suspension of the
registration.
(v) Any data submitted under this subparagraph shall be subject to the provisions of
paragraph (1)(D). Whenever such data are submitted jointly by two or more registrants,
an agent shall be agreed on at the time of the joint submission to handle any subsequent
data compensation matters for the joint submitters of such data.
(vi) Upon the request of a registrant the Administrator shall, in the case of a minor use,
extend the deadline for the production of residue chemistry data under this subparagraph
for data required solely to support that minor use until the final deadline for submission
of data under section 136a–1 of this title for the other uses of the pesticide established
as of August 3, 1996, if—
(I) the data to support other uses of the pesticide on a food are being provided;
(II) the registrant, in submitting a request for such an extension, provides a schedule,
including interim dates to measure progress, to assure that the data production will
be completed before the expiration of the extension period;
(III) the Administrator has determined that such extension will not significantly
delay the Administrator’s schedule for issuing a reregistration eligibility
determination required under section 136a–1 of this title; and
(IV) the Administrator has determined that based on existing data, such extension
would not significantly increase the risk of any unreasonable adverse effect on
the environment. If the Administrator grants an extension under this clause, the
Administrator shall monitor the development of the data and shall ensure that the
registrant is meeting the schedule for the production of the data. If the Administrator
determines that the registrant is not meeting or has not met the schedule for the
production of such data, the Administrator may proceed in accordance with clause
(iv) regarding the continued registration of the affected products with the minor use
and shall inform the public of such action. Notwithstanding the provisions of this
clause, the Administrator may take action to modify or revoke the extension under
this clause if the Administrator determines that the extension for the minor use may
cause an unreasonable adverse effect on the environment. In such circumstance,
the Administrator shall provide, in writing to the registrant, a notice revoking the
extension of time for submission of data. Such data shall instead be due in accordance
with the date established by the Administrator for the submission of the data.
(vii) If the registrant does not commit to support a specific minor use of the pesticide, but
is supporting and providing data in a timely and adequate fashion to support uses of the
pesticide on a food, or if all uses of the pesticide are nonfood uses and the registrant does
not commit to support a specific minor use of the pesticide but is supporting and providing
data in a timely and adequate fashion to support other nonfood uses of the pesticide, the
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Docket ID: EPA-HQ-OPP-2016-0078

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Administrator, at the written request of the registrant, shall not take any action pursuant
to this clause in regard to such unsupported minor use until the final deadline established
as of August 3, 1996, for the submission of data under section 136a–1 of this title for
the supported uses identified pursuant to this clause unless the Administrator determines
that the absence of the data is significant enough to cause human health or environmental
concerns. On the basis of such determination, the Administrator may refuse the request
for extension by the registrant. Upon receipt of the request from the registrant, the
Administrator shall publish in the Federal Register a notice of the receipt of the request
and the effective date upon which the uses not being supported will be voluntarily deleted
from the registration pursuant to section 136d (f)(1) of this title. If the Administrator
grants an extension under this clause, the Administrator shall monitor the development
of the data for the uses being supported and shall ensure that the registrant is meeting
the schedule for the production of such data. If the Administrator determines that the
registrant is not meeting or has not met the schedule for the production of such data, the
Administrator may proceed in accordance with clause (iv) of this subparagraph regarding
the continued registration of the affected products with the minor and other uses and
shall inform the public of such action in accordance with section 136d (f)(2) of this title.
Notwithstanding the provisions of this clause, the Administrator may deny, modify, or
revoke the temporary extension under this subparagraph if the Administrator determines
that the continuation of the minor use may cause an unreasonable adverse effect on the
environment. In the event of modification or revocation, the Administrator shall provide,
in writing, to the registrant a notice revoking the temporary extension and establish a new
effective date by which the minor use shall be deleted from the registration.
(viii)
(I) If data required to support registration of a pesticide under subparagraph (A)
is requested by a Federal or State regulatory authority, the Administrator shall, to
the extent practicable, coordinate data requirements, test protocols, timetables, and
standards of review and reduce burdens and redundancy caused to the registrant by
multiple requirements on the registrant.
(II) The Administrator may enter into a cooperative agreement with a State to carry
out subclause (I).
(III) Not later than 1 year after August 3, 1996, the Administrator shall develop a
process to identify and assist in alleviating future disparities between Federal and
State data requirements.
(C) Simplified procedures
Within nine months after September 30, 1978, the Administrator shall, by regulation, prescribe
simplified procedures for the registration of pesticides, which shall include the provisions of
subparagraph (D) of this paragraph.
(D) Exemption
No applicant for registration of a pesticide who proposes to purchase a registered pesticide
from another producer in order to formulate such purchased pesticide into the pesticide that
is the subject of the application shall be required to—
(i) submit or cite data pertaining to such purchased product; or
(ii) offer to pay reasonable compensation otherwise required by paragraph (1)(D) of this
subsection for the use of any such data.
(E) Minor use waiver
In handling the registration of a pesticide for a minor use, the Administrator may waive
otherwise applicable data requirements if the Administrator determines that the absence of
such data will not prevent the Administrator from determining—
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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(i) the incremental risk presented by the minor use of the pesticide; and
(ii) that such risk, if any, would not be an unreasonable adverse effect on the
environment.
(3) Application
(A) In general
The Administrator shall review the data after receipt of the application and shall, as
expeditiously as possible, either register the pesticide in accordance with paragraph (5), or
notify the applicant of the Administrator’s determination that it does not comply with the
provisions of the subchapter in accordance with paragraph (6).
(B) Identical or substantially similar
(i) The Administrator shall, as expeditiously as possible, review and act on any
application received by the Administrator that—
(I) proposes the initial or amended registration of an end-use pesticide that, if
registered as proposed, would be identical or substantially similar in composition and
labeling to a currently-registered pesticide identified in the application, or that would
differ in composition and labeling from such currently-registered pesticide only in
ways that would not significantly increase the risk of unreasonable adverse effects
on the environment; or
(II) proposes an amendment to the registration of a registered pesticide that does
not require scientific review of data.
(ii) In expediting the review of an application for an action described in clause (i), the
Administrator shall—
(I) review the application in accordance with section 136w–8 (f)(4)(B) of this title
and, if the application is found to be incomplete, reject the application;
(II) not later than the applicable decision review time established pursuant to section
136w–8 (f)(4)(B) of this title, or, if no review time is established, not later than 90
days after receiving a complete application, notify the registrant if the application
has been granted or denied; and
(III) if the application is denied, notify the registrant in writing of the specific
reasons for the denial of the application.
(C) Minor use registration
(i) The Administrator shall, as expeditiously as possible, review and act on any complete
application—
(I) that proposes the initial registration of a new pesticide active ingredient if the
active ingredient is proposed to be registered solely for minor uses, or proposes a
registration amendment solely for minor uses to an existing registration; or
(II) for a registration or a registration amendment that proposes significant minor
uses.
(ii) For the purposes of clause (i)—
(I) the term “as expeditiously as possible” means that the Administrator shall, to the
greatest extent practicable, complete a review and evaluation of all data, submitted
with a complete application, within 12 months after the submission of the complete
application, and the failure of the Administrator to complete such a review and
evaluation under clause (i) shall not be subject to judicial review; and
(II) the term “significant minor uses” means 3 or more minor uses proposed for
every nonminor use, a minor use that would, in the judgment of the Administrator,
serve as a replacement for any use which has been canceled in the 5 years preceding
the receipt of the application, or a minor use that in the opinion of the Administrator
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Docket ID: EPA-HQ-OPP-2016-0078

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

would avoid the reissuance of an emergency exemption under section 136p of this
title for that minor use.
(D) Adequate time for submission of minor use data
If a registrant makes a request for a minor use waiver, regarding data required by the
Administrator, pursuant to paragraph (2)(E), and if the Administrator denies in whole or in
part such data waiver request, the registrant shall have a full-time period for providing such
data. For purposes of this subparagraph, the term “full-time period” means the time period
originally established by the Administrator for submission of such data, beginning with the
date of receipt by the registrant of the Administrator’s notice of denial.
(4) Notice of application
The Administrator shall publish in the Federal Register, promptly after receipt of the statement and
other data required pursuant to paragraphs (1) and (2), a notice of each application for registration
of any pesticide if it contains any new active ingredient or if it would entail a changed use pattern.
The notice shall provide for a period of 30 days in which any Federal agency or any other interested
person may comment.
(5) Approval of registration
The Administrator shall register a pesticide if the Administrator determines that, when considered
with any restrictions imposed under subsection (d) of this section—
(A) its composition is such as to warrant the proposed claims for it;
(B) its labeling and other material required to be submitted comply with the requirements
of this subchapter;
(C) it will perform its intended function without unreasonable adverse effects on the
environment; and
(D) when used in accordance with widespread and commonly recognized practice it will not
generally cause unreasonable adverse effects on the environment.
The Administrator shall not make any lack of essentiality a criterion for denying registration
of any pesticide. Where two pesticides meet the requirements of this paragraph, one should not
be registered in preference to the other. In considering an application for the registration of a
pesticide, the Administrator may waive data requirements pertaining to efficacy, in which event
the Administrator may register the pesticide without determining that the pesticide’s composition
is such as to warrant proposed claims of efficacy. If a pesticide is found to be efficacious by any
State under section 136v (c) of this title, a presumption is established that the Administrator shall
waive data requirements pertaining to efficacy for use of the pesticide in such State.
(6) Denial of registration
If the Administrator determines that the requirements of paragraph (5) for registration are not
satisfied, the Administrator shall notify the applicant for registration of the Administrator’s
determination and of the Administrator’s reasons (including the factual basis) therefor, and that,
unless the applicant corrects the conditions and notifies the Administrator thereof during the
30-day period beginning with the day after the date on which the applicant receives the notice, the
Administrator may refuse to register the pesticide. Whenever the Administrator refuses to register
a pesticide, the Administrator shall notify the applicant of the Administrator’s decision and of the
Administrator’s reasons (including the factual basis) therefor. The Administrator shall promptly
publish in the Federal Register notice of such denial of registration and the reasons therefor. Upon
such notification, the applicant for registration or other interested person with the concurrence of
the applicant shall have the same remedies as provided for in section 136d of this title.
(7) Registration under special circumstances
Notwithstanding the provisions of paragraph (5)—

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(A) The Administrator may conditionally register or amend the registration of a pesticide if
the Administrator determines that
(i) the pesticide and proposed use are identical or substantially similar to any currently
registered pesticide and use thereof, or differ only in ways that would not significantly
increase the risk of unreasonable adverse effects on the environment, and
(ii) approving the registration or amendment in the manner proposed by the applicant
would not significantly increase the risk of any unreasonable adverse effect on the
environment. An applicant seeking conditional registration or amended registration under
this subparagraph shall submit such data as would be required to obtain registration of
a similar pesticide under paragraph (5). If the applicant is unable to submit an item of
data because it has not yet been generated, the Administrator may register or amend the
registration of the pesticide under such conditions as will require the submission of such
data not later than the time such data are required to be submitted with respect to similar
pesticides already registered under this subchapter.
(B) The Administrator may conditionally amend the registration of a pesticide to permit
additional uses of such pesticide notwithstanding that data concerning the pesticide may be
insufficient to support an unconditional amendment, if the Administrator determines that
(i) the applicant has submitted satisfactory data pertaining to the proposed additional
use, and
(ii) amending the registration in the manner proposed by the applicant would not
significantly increase the risk of any unreasonable adverse effect on the environment.
Notwithstanding the foregoing provisions of this subparagraph, no registration of
a pesticide may be amended to permit an additional use of such pesticide if the
Administrator has issued a notice stating that such pesticide, or any ingredient thereof,
meets or exceeds risk criteria associated in whole or in part with human dietary exposure
enumerated in regulations issued under this subchapter, and during the pendency of any
risk-benefit evaluation initiated by such notice, if
(I) the additional use of such pesticide involves a major food or feed crop, or
(II) the additional use of such pesticide involves a minor food or feed crop and
the Administrator determines, with the concurrence of the Secretary of Agriculture,
there is available an effective alternative pesticide that does not meet or exceed such
risk criteria. An applicant seeking amended registration under this subparagraph shall
submit such data as would be required to obtain registration of a similar pesticide
under paragraph (5). If the applicant is unable to submit an item of data (other than
data pertaining to the proposed additional use) because it has not yet been generated,
the Administrator may amend the registration under such conditions as will require
the submission of such data not later than the time such data are required to be
submitted with respect to similar pesticides already registered under this subchapter.
(C) The Administrator may conditionally register a pesticide containing an active ingredient
not contained in any currently registered pesticide for a period reasonably sufficient for the
generation and submission of required data (which are lacking because a period reasonably
sufficient for generation of the data has not elapsed since the Administrator first imposed the
data requirement) on the condition that by the end of such period the Administrator receives
such data and the data do not meet or exceed risk criteria enumerated in regulations issued
under this subchapter, and on such other conditions as the Administrator may prescribe. A
conditional registration under this subparagraph shall be granted only if the Administrator
determines that use of the pesticide during such period will not cause any unreasonable adverse
effect on the environment, and that use of the pesticide is in the public interest.
(8) Interim administrative review

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Notwithstanding any other provision of this subchapter, the Administrator may not initiate a public
interim administrative review process to develop a risk-benefit evaluation of the ingredients of a
pesticide or any of its uses prior to initiating a formal action to cancel, suspend, or deny registration
of such pesticide, required under this subchapter, unless such interim administrative process is
based on a validated test or other significant evidence raising prudent concerns of unreasonable
adverse risk to man or to the environment. Notice of the definition of the terms “validated test” and
“other significant evidence” as used herein shall be published by the Administrator in the Federal
Register.
(9) Labeling
(A) Additional statements
Subject to subparagraphs (B) and (C), it shall not be a violation of this subchapter for a
registrant to modify the labeling of an antimicrobial pesticide product to include relevant
information on product efficacy, product composition, container composition or design, or
other characteristics that do not relate to any pesticidal claim or pesticidal activity.
(B) Requirements
Proposed labeling information under subparagraph (A) shall not be false or misleading, shall
not conflict with or detract from any statement required by law or the Administrator as a
condition of registration, and shall be substantiated on the request of the Administrator.
(C) Notification and disapproval
(i) Notification
A registration may be modified under subparagraph (A) if—
(I) the registrant notifies the Administrator in writing not later than 60 days prior to
distribution or sale of a product bearing the modified labeling; and
(II) the Administrator does not disapprove of the modification under clause (ii).
(ii) Disapproval
Not later than 30 days after receipt of a notification under clause (i), the Administrator
may disapprove the modification by sending the registrant notification in writing stating
that the proposed language is not acceptable and stating the reasons why the Administrator
finds the proposed modification unacceptable.
(iii) Restriction on sale
A registrant may not sell or distribute a product bearing a disapproved modification.
(iv) Objection
A registrant may file an objection in writing to a disapproval under clause (ii) not later
than 30 days after receipt of notification of the disapproval.
(v) Final action
A decision by the Administrator following receipt and consideration of an objection filed
under clause (iv) shall be considered a final agency action.
(D) Use dilution
The label or labeling required under this subchapter for an antimicrobial pesticide that is or
may be diluted for use may have a different statement of caution or protective measures for
use of the recommended diluted solution of the pesticide than for use of a concentrate of the
pesticide if the Administrator determines that—
(i) adequate data have been submitted to support the statement proposed for the diluted
solution uses; and
(ii) the label or labeling provides adequate protection for exposure to the diluted solution
of the pesticide.
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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(10) Expedited registration of pesticides
(A) Not later than 1 year after August 3, 1996, the Administrator shall, utilizing public
comment, develop procedures and guidelines, and expedite the review of an application for
registration of a pesticide or an amendment to a registration that satisfies such guidelines.
(B) Any application for registration or an amendment, including biological and conventional
pesticides, will be considered for expedited review under this paragraph. An application for
registration or an amendment shall qualify for expedited review if use of the pesticide proposed
by the application may reasonably be expected to accomplish 1 or more of the following:
(i) Reduce the risks of pesticides to human health.
(ii) Reduce the risks of pesticides to nontarget organisms.
(iii) Reduce the potential for contamination of groundwater, surface water, or other
valued environmental resources.
(iv) Broaden the adoption of integrated pest management strategies, or make such
strategies more available or more effective.
(C) The Administrator, not later than 30 days after receipt of an application for expedited
review, shall notify the applicant whether the application is complete. If it is found to be
incomplete, the Administrator may either reject the request for expedited review or ask the
applicant for additional information to satisfy the guidelines developed under subparagraph
(A).
(d) Classification of pesticides
(1) Classification for general use, restricted use, or both
(A) As a part of the registration of a pesticide the Administrator shall classify it as being
for general use or for restricted use. If the Administrator determines that some of the uses for
which the pesticide is registered should be for general use and that other uses for which it is
registered should be for restricted use, the Administrator shall classify it for both general use
and restricted use. Pesticide uses may be classified by regulation on the initial classification,
and registered pesticides may be classified prior to reregistration. If some of the uses of the
pesticide are classified for general use, and other uses are classified for restricted use, the
directions relating to its general uses shall be clearly separated and distinguished from those
directions relating to its restricted uses. The Administrator may require that its packaging and
labeling for restricted uses shall be clearly distinguishable from its packaging and labeling
for general uses.
(B) If the Administrator determines that the pesticide, when applied in accordance with its
directions for use, warnings and cautions and for the uses for which it is registered, or for one or
more of such uses, or in accordance with a widespread and commonly recognized practice, will
not generally cause unreasonable adverse effects on the environment, the Administrator will
classify the pesticide, or the particular use or uses of the pesticide to which the determination
applies, for general use.
(C) If the Administrator determines that the pesticide, when applied in accordance with its
directions for use, warnings and cautions and for the uses for which it is registered, or for one
or more of such uses, or in accordance with a widespread and commonly recognized practice,
may generally cause, without additional regulatory restrictions, unreasonable adverse effects
on the environment, including injury to the applicator, the Administrator shall classify the
pesticide, or the particular use or uses to which the determination applies, for restricted use:
(i) If the Administrator classifies a pesticide, or one or more uses of such pesticide, for
restricted use because of a determination that the acute dermal or inhalation toxicity of
the pesticide presents a hazard to the applicator or other persons, the pesticide shall be
applied for any use to which the restricted classification applies only by or under the direct
supervision of a certified applicator.

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(ii) If the Administrator classifies a pesticide, or one or more uses of such pesticide,
for restricted use because of a determination that its use without additional regulatory
restriction may cause unreasonable adverse effects on the environment, the pesticide
shall be applied for any use to which the determination applies only by or under the
direct supervision of a certified applicator, or subject to such other restrictions as the
Administrator may provide by regulation. Any such regulation shall be reviewable in the
appropriate court of appeals upon petition of a person adversely affected filed within 60
days of the publication of the regulation in final form.
(2) Change in classification
If the Administrator determines that a change in the classification of any use of a pesticide
from general use to restricted use is necessary to prevent unreasonable adverse effects on the
environment, the Administrator shall notify the registrant of such pesticide of such determination
at least forty-five days before making the change and shall publish the proposed change in the
Federal Register. The registrant, or other interested person with the concurrence of the registrant,
may seek relief from such determination under section 136d (b) of this title.
(3) Change in classification from restricted use to general use
The registrant of any pesticide with one or more uses classified for restricted use may petition the
Administrator to change any such classification from restricted to general use. Such petition shall
set out the basis for the registrant’s position that restricted use classification is unnecessary because
classification of the pesticide for general use would not cause unreasonable adverse effects on the
environment. The Administrator, within sixty days after receiving such petition, shall notify the
registrant whether the petition has been granted or denied. Any denial shall contain an explanation
therefor and any such denial shall be subject to judicial review under section 136n of this title.
(e) Products with same formulation and claims
Products which have the same formulation, are manufactured by the same person, the labeling of which
contains the same claims, and the labels of which bear a designation identifying the product as the same
pesticide may be registered as a single pesticide; and additional names and labels shall be added to the
registration by supplemental statements.
(f) Miscellaneous
(1) Effect of change of labeling or formulation
If the labeling or formulation for a pesticide is changed, the registration shall be amended to reflect
such change if the Administrator determines that the change will not violate any provision of this
subchapter.
(2) Registration not a defense
In no event shall registration of an article be construed as a defense for the commission of any
offense under this subchapter. As long as no cancellation proceedings are in effect registration of
a pesticide shall be prima facie evidence that the pesticide, its labeling and packaging comply with
the registration provisions of the subchapter.
(3) Authority to consult other Federal agencies
In connection with consideration of any registration or application for registration under this
section, the Administrator may consult with any other Federal agency.
(4) Mixtures of nitrogen stabilizers and fertilizer products
Any mixture or other combination of—
(A) 1 or more nitrogen stabilizers registered under this subchapter; and
(B) 1 or more fertilizer products,
shall not be subject to the provisions of this section or sections 136a–1, 136c, 136e, 136m, and
136o (a)(2) of this title if the mixture or other combination is accompanied by the labeling required
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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

under this subchapter for the nitrogen stabilizer contained in the mixture or other combination, the
mixture or combination is mixed or combined in accordance with such labeling, and the mixture
or combination does not contain any active ingredient other than the nitrogen stabilizer.
(g) Registration review
(1) General rule
(A) Periodic review
(i) In general
The registrations of pesticides are to be periodically reviewed.
(ii) Regulations
In accordance with this subparagraph, the Administrator shall by regulation establish a
procedure for accomplishing the periodic review of registrations.
(iii) Initial registration review
The Administrator shall complete the registration review of each pesticide or pesticide
case, which may be composed of 1 or more active ingredients and the products associated
with the active ingredients, not later than the later of—
(I) October 1, 2022; or
(II) the date that is 15 years after the date on which the first pesticide containing a
new active ingredient is registered.
(iv) Subsequent registration review
Not later than 15 years after the date on which the initial registration review is completed
under clause (iii) and each 15 years thereafter, the Administrator shall complete a
subsequent registration review for each pesticide or pesticide case.
(v) Cancellation
No registration shall be canceled as a result of the registration review process unless the
Administrator follows the procedures and substantive requirements of section 136d of
this title.
(B) Docketing
(i) In general
Subject to clause (ii), after meeting with 1 or more individuals that are not government
employees to discuss matters relating to a registration review, the Administrator shall
place in the docket minutes of the meeting, a list of attendees, and any documents
exchanged at the meeting, not later than the earlier of—
(I) the date that is 45 days after the meeting; or
(II) the date of issuance of the registration review decision.
(ii) Protected information
The Administrator shall identify, but not include in the docket, any confidential business
information the disclosure of which is prohibited by section 136h of this title.
(C) Limitation
Nothing in this subsection shall prohibit the Administrator from undertaking any other review
of a pesticide pursuant to this subchapter.
(2) Data
(A) Submission required
The Administrator shall use the authority in subsection (c)(2)(B) of this section to require the
submission of data when such data are necessary for a registration review.
(B) Data submission, compensation, and exemption
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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

For purposes of this subsection, the provisions of subsections (c)(1), (c)(2)(B), and (c)(2)(D) of
this section shall be utilized for and be applicable to any data required for registration review.
(h) Registration requirements for antimicrobial pesticides
(1) Evaluation of process
To the maximum extent practicable consistent with the degrees of risk presented by an
antimicrobial pesticide and the type of review appropriate to evaluate the risks, the Administrator
shall identify and evaluate reforms to the antimicrobial registration process that would reduce
review periods existing as of August 3, 1996, for antimicrobial pesticide product registration
applications and applications for amended registration of antimicrobial pesticide products,
including—
(A) new antimicrobial active ingredients;
(B) new antimicrobial end-use products;
(C) substantially similar or identical antimicrobial pesticides; and
(D) amendments to antimicrobial pesticide registrations.
(2) Review time period reduction goal
Each reform identified under paragraph (1) shall be designed to achieve the goal of reducing the
review period following submission of a complete application, consistent with the degree of risk,
to a period of not more than—
(A) 540 days for a new antimicrobial active ingredient pesticide registration;
(B) 270 days for a new antimicrobial use of a registered active ingredient;
(C) 120 days for any other new antimicrobial product;
(D) 90 days for a substantially similar or identical antimicrobial product;
(E) 90 days for an amendment to an antimicrobial registration that does not require scientific
review of data; and
(F) 120 days for an amendment to an antimicrobial registration that requires scientific review
of data and that is not otherwise described in this paragraph.
(3) Implementation
(A) Proposed rulemaking
(i) Issuance
Not later than 270 days after August 3, 1996, the Administrator shall publish in the Federal
Register proposed regulations to accelerate and improve the review of antimicrobial
pesticide products designed to implement, to the extent practicable, the goals set forth
in paragraph (2).
(ii) Requirements
Proposed regulations issued under clause (i) shall—
(I) define the various classes of antimicrobial use patterns, including household,
industrial, and institutional disinfectants and sanitizing pesticides, preservatives,
water treatment, and pulp and paper mill additives, and other such products intended
to disinfect, sanitize, reduce, or mitigate growth or development of microbiological
organisms, or protect inanimate objects, industrial processes or systems, surfaces,
water, or other chemical substances from contamination, fouling, or deterioration
caused by bacteria, viruses, fungi, protozoa, algae, or slime;
(II) differentiate the types of review undertaken for antimicrobial pesticides;
(III) conform the degree and type of review to the risks and benefits presented
by antimicrobial pesticides and the function of review under this subchapter,
considering the use patterns of the product, toxicity, expected exposure, and product
type;
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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(IV) ensure that the registration process is sufficient to maintain antimicrobial
pesticide efficacy and that antimicrobial pesticide products continue to meet product
performance standards and effectiveness levels for each type of label claim made;
and
(V) implement effective and reliable deadlines for process management.
(iii) Comments
In developing the proposed regulations, the Administrator shall solicit the views
from registrants and other affected parties to maximize the effectiveness of the rule
development process.
(B) Final regulations
(i) Issuance
The Administrator shall issue final regulations not later than 240 days after the close of
the comment period for the proposed regulations.
(ii) Failure to meet goal
If a goal described in paragraph (2) is not met by the final regulations, the Administrator
shall identify the goal, explain why the goal was not attained, describe the element of the
regulations included instead, and identify future steps to attain the goal.
(iii) Requirements
In issuing final regulations, the Administrator shall—
(I) consider the establishment of a certification process for regulatory actions
involving risks that can be responsibly managed, consistent with the degree of risk,
in the most cost-efficient manner;
(II) consider the establishment of a certification process by approved laboratories
as an adjunct to the review process;
(III) use all appropriate and cost-effective review mechanisms, including—
(aa) expanded use of notification and non-notification procedures;
(bb) revised procedures for application review; and
(cc) allocation of appropriate resources to ensure streamlined management of
antimicrobial pesticide registrations; and
(IV) clarify criteria for determination of the completeness of an application.
(C) Expedited review
This subsection does not affect the requirements or extend the deadlines or review periods
contained in subsection (c)(3) of this section.
(D) Alternative review periods
If the final regulations to carry out this paragraph are not effective 630 days after August 3,
1996, until the final regulations become effective, the review period, beginning on the date of
receipt by the Agency of a complete application, shall be—
(i) 2 years for a new antimicrobial active ingredient pesticide registration;
(ii) 1 year for a new antimicrobial use of a registered active ingredient;
(iii) 180 days for any other new antimicrobial product;
(iv) 90 days for a substantially similar or identical antimicrobial product;
(v) 90 days for an amendment to an antimicrobial registration that does not require
scientific review of data; and
(vi) 120 days for an amendment to an antimicrobial registration that requires scientific
review of data and that is not otherwise described in this subparagraph.

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Docket ID: EPA-HQ-OPP-2016-0078

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7 USC 136a

NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(E) Wood preservatives
An application for the registration, or for an amendment to the registration, of a wood
preservative product for which a claim of pesticidal activity listed in section 136 (mm) of this
title is made (regardless of any other pesticidal claim that is made with respect to the product)
shall be reviewed by the Administrator within the same period as that established under this
paragraph for an antimicrobial pesticide product application, consistent with the degree of risk
posed by the use of the wood preservative product, if the application requires the applicant
to satisfy the same data requirements as are required to support an application for a wood
preservative product that is an antimicrobial pesticide.
(F) Notification
(i) In general
Subject to clause (iii), the Administrator shall notify an applicant whether an application
has been granted or denied not later than the final day of the appropriate review period
under this paragraph, unless the applicant and the Administrator agree to a later date.
(ii) Final decision
If the Administrator fails to notify an applicant within the period of time required
under clause (i), the failure shall be considered an agency action unlawfully withheld or
unreasonably delayed for purposes of judicial review under chapter 7 of title 5.
(iii) Exemption
This subparagraph does not apply to an application for an antimicrobial pesticide that is
filed under subsection (c)(3)(B) of this section prior to 90 days after August 3, 1996.
(iv) Limitation
Notwithstanding clause (ii), the failure of the Administrator to notify an applicant for
an amendment to a registration for an antimicrobial pesticide shall not be judicially
reviewable in a Federal or State court if the amendment requires scientific review of data
within—
(I) the time period specified in subparagraph (D)(vi), in the absence of a final
regulation under subparagraph (B); or
(II) the time period specified in paragraph (2)(F), if adopted in a final regulation
under subparagraph (B).
(4) Annual report
(A) Submission
Beginning on August 3, 1996, and ending on the date that the goals under paragraph (2) are
achieved, the Administrator shall, not later than March 1 of each year, prepare and submit
an annual report to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
(B) Requirements
A report submitted under subparagraph (A) shall include a description of—
(i) measures taken to reduce the backlog of pending registration applications;
(ii) progress toward achieving reforms under this subsection; and
(iii) recommendations to improve the activities of the Agency pertaining to antimicrobial
registrations.
(June 25, 1947, ch. 125, § 3, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 979; amended Pub.
L. 94–140, § 12, Nov. 28, 1975, 89 Stat. 755; Pub. L. 95–396, §§ 2(a), 3–8, Sept. 30, 1978, 92 Stat. 820,
824–827; Pub. L. 100–532, title I, §§ 102(b), 103, title VI, § 601(b)(1), title VIII, § 801(b), Oct. 25, 1988,
102 Stat. 2667, 2677, 2680; Pub. L. 101–624, title XIV, § 1492, Nov. 28, 1990, 104 Stat. 3628; Pub. L.
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Docket ID: EPA-HQ-OPP-2016-0078

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

102–237, title X, § 1006(a)(3), (b)(1), (2), (c), Dec. 13, 1991, 105 Stat. 1894–1896; Pub. L. 104–170,
title I, §§ 105(b), 106 (b), title II, §§ 210(b), (c)(1), (d), (e), (f)(2), 222–224, 231, 250, Aug. 3, 1996, 110
Stat. 1491, 1494–1497, 1499, 1503, 1504, 1508, 1510; Pub. L. 108–199, div. G, title V, § 501(b), Jan. 23,
2004, 118 Stat. 419; Pub. L. 110–94, §§ 2, 3, Oct. 9, 2007, 121 Stat. 1000.)
Prior Provisions
A prior section 3 of act June 25, 1947, was classified to section 135a of this title prior to amendment of act June 25,
1947, by Pub. L. 92–516.

Amendments
2007—Subsec. (c)(3)(B)(ii)(I). Pub. L. 110–94, § 2(1), substituted “review the application in accordance with section
136w–8 (f)(4)(B) of this title and,” for “within 45 days after receiving the application, notify the registrant whether
or not the application is complete and,”.
Subsec. (c)(3)(B)(ii)(II). Pub. L. 110–94, § 2(2), substituted “not later than the applicable decision review time
established pursuant to section 136w–8 (f)(4)(B) of this title, or, if no review time is established, not later than” for
“within”.
Subsec. (g)(1)(A). Pub. L. 110–94, § 3(1), designated first sentence as cl. (i) and inserted heading, designated second
sentence as cl. (ii), inserted heading, and substituted “In accordance with this subparagraph, the Administrator” for
“The Administrator”, added cls. (iii) and (iv), designated fourth sentence as cl. (v) and inserted heading, and struck
out third sentence which read as follows: “The goal of these regulations shall be a review of a pesticide’s registration
every 15 years.”
Subsec. (g)(1)(B), (C). Pub. L. 110–94, § 3(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C).
2004—Subsec. (h)(2)(F). Pub. L. 108–199, § 501(b)(1), substituted “120 days” for “90 to 180 days”.
Subsec. (h)(3)(D)(vi). Pub. L. 108–199, § 501(b)(2)(A), substituted “120 days” for “240 days”.
Subsec. (h)(3)(F)(iv). Pub. L. 108–199, § 501(b)(2)(B), added cl. (iv).
1996—Subsec. (c)(1)(F)(ii) to (vi). Pub. L. 104–170, § 210(b), added cls. (ii), (v), and (vi), redesignated former cls.
(ii) and (iii) as (iii) and (iv), respectively, and in cl. (iv) substituted “(i), (ii), and (iii)” for “(i) and (ii)”.
Subsec. (c)(1)(G). Pub. L. 104–170, § 250(1), added subpar. (G).
Subsec. (c)(2)(A). Pub. L. 104–170, §§ 210(d)(1), 231, inserted heading, inserted “the public health and agricultural
need for such minor use,” after “pattern of use,”, and substituted “potential beneficial or adverse effects on man and
the environment” for “potential exposure of man and the environment to the pesticide”.
Subsec. (c)(2)(B). Pub. L. 104–170, § 210(d)(2), inserted heading.
Subsec. (c)(2)(B)(vi). Pub. L. 104–170, § 210(c)(1), added cl. (vi).
Subsec. (c)(2)(B)(vii). Pub. L. 104–170, § 210(f)(2), added cl. (vii).
Subsec. (c)(2)(B)(viii). Pub. L. 104–170, § 222, added cl. (viii).
Subsec. (c)(2)(C). Pub. L. 104–170, § 210(d)(3), inserted heading.
Subsec. (c)(2)(E). Pub. L. 104–170, § 210(d)(4), added subpar. (E).
Subsec. (c)(3)(A), (B). Pub. L. 104–170, § 210(e)(1), (2), inserted headings.
Subsec. (c)(3)(C), (D). Pub. L. 104–170, § 210(e)(3), added subpars. (C) and (D).
Subsec. (c)(9). Pub. L. 104–170, § 223, added par. (9).
Subsec. (c)(10). Pub. L. 104–170, § 250(2), added par. (10).
Subsec. (f)(4). Pub. L. 104–170, § 105(b), added par. (4).
Subsec. (g). Pub. L. 104–170, § 106(b), added subsec. (g).
Subsec. (h). Pub. L. 104–170, § 224, added subsec. (h).
1991—Subsec. (c)(1)(D). Pub. L. 102–237, § 1006(a)(3)(B), (C), added subpar. (D) and redesignated former subpar.
(D) as (F).

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Subsec. (c)(1)(E). Pub. L. 102–237, § 1006(a)(3)(A), (C), added subpar. (E) and struck out former subpar. (E) which
read as follows: “the complete formula of the pesticide; and”.
Subsec. (c)(1)(F). Pub. L. 102–237, § 1006(a)(3)(A), (B), (D), redesignated former subpar. (D) as (F), in cl. (i)
substituted “With” for “with” and a period for semicolon at end, in cl. (ii) substituted “Except” for “except” and a
period for semicolon at end, in cl. (iii) substituted “After” for “after” and a period for semicolon at end, and struck
out former subpar. (F) which read as follows: “a request that the pesticide be classified for general use, for restricted
use, or for both.”
Subsec. (c)(2)(A). Pub. L. 102–237, § 1006(b)(1), (2), substituted “the Administrator” for “he” before “requires”,
“shall permit”, “shall make”, and “deems”, and substituted “the Administrator’s” for “his”.
Subsec. (c)(2)(D). Pub. L. 102–237, § 1006(c), clarified amendment made by Pub. L. 100–532, § 102(b)(2)(A). See
1988 Amendment note below.
Subsec. (c)(3)(A). Pub. L. 102–237, § 1006(b)(2), substituted “the Administrator’s” for “his”.
Subsec. (c)(5). Pub. L. 102–237, § 1006(b)(1), substituted “the Administrator” for “he” before “determines”.
Subsec. (c)(6). Pub. L. 102–237, § 1006(b)(1), (2), substituted “the Administrator” for “he” before “shall notify” in
two places and “the Administrator’s” for “his” in four places.
Subsec. (d)(1). Pub. L. 102–237, § 1006(b)(1), substituted “the Administrator” for “he” before “shall classify it for
both” in subpar. (A), before “will classify” in subpar. (B), and before “shall classify” in subpar. (C).
Subsec. (d)(2). Pub. L. 102–237, § 1006(b)(1), substituted “the Administrator” for “he” before “shall notify”.
1990—Subsec. (c)(2)(A). Pub. L. 101–624 inserted after third sentence “The Administrator shall not require a person
to submit, in relation to a registration or reregistration of a pesticide for minor agricultural use under this subchapter,
any field residue data from a geographic area where the pesticide will not be registered for such use.”
1988—Subsec. (a). Pub. L. 100–532, § 601(b)(1), substituted “Requirement of registration” for “Requirement” in
heading and amended text generally. Prior to amendment, text read as follows: “Except as otherwise provided by
this subchapter, no person in any State may distribute, sell, offer for sale, hold for sale, ship, deliver for shipment, or
receive and (having so received) deliver or offer to deliver, to any person any pesticide which is not registered with
the Administrator.”
Subsec. (c)(1)(D). Pub. L. 100–532, § 801(b)(1)–(4), in introductory provisions, substituted “paragraph (2)(D)” for
“subsection (c)(2)(D) of this section”, in cl. (i), substituted “(i) with” for “(i) With” and “, except that” for “: Provided,
That”, in cl. (ii), substituted “clause (i)” for “subparagraph (D)(i) of this paragraph”, and in cl. (iii), substituted “clauses
(i) and (ii)” for “subparagraphs (D)(i) and (D)(ii) of this paragraph”.
Subsec. (c)(2)(A). Pub. L. 100–532, § 801(b)(5)(A), (B), substituted “(2) Data in support of registration.—
“(A) The”
for “(2)(A) Data in support of registration.—The”, and directed that subpar. (A) be aligned with left margin of subsec.
(d)(1)(A) of this section.
Subsec. (c)(2)(B). Pub. L. 100–532, §§ 102(b)(1), 801 (b)(5)(C)–(F), substituted “(B)(i) If” for “(B) Additional data
to support existing registration.—(i) If”, directed that cls. (ii) to (v) be aligned with left margin of subpar. (A), in
cls. (ii) and (iii), inserted “The Administrator shall issue a notice of intent to suspend the registration of a pesticide
in accordance with the procedures prescribed by clause (iv) if a registrant fails to comply with this clause.”, in cl.
(iv), substituted “title. The only” for “title: Provided, that the only”, and in cl. (v), substituted “paragraph (1)(D)” for
“subsection (c)(1)(D) of this section”.
Subsec. (c)(2)(C). Pub. L. 100–532, § 801(b)(5)(G), (H), struck out “Simplified procedures” after “(C)” and directed
that text be aligned with left margin of subpar. (A).
Subsec. (c)(2)(D). Pub. L. 100–532, § 102(b)(2)(A), and Pub. L. 102–237, § 1006(c), substituted “the pesticide that is
the subject of the application” for “an end-use product”.
Subsec. (c)(2)(D)(i). Pub. L. 100–532, § 102(b)(2)(B), struck out “the safety of” after “data pertaining to”.
Subsec. (c)(3). Pub. L. 100–532, § 103, substituted “(A) The Administrator” for “The Administrator” and added subpar.
(B).
Subsec. (c)(7). Pub. L. 100–532, § 801(b)(6), in introductory provisions, substituted “paragraph (5)” for “subsection
(c)(5) of this section”, in subpars. (A) and (B), substituted “paragraph (5). If” for “subsection (c)(5) of this section:
Provided, That, if”, and in subpar. (C), substituted “prescribe. A” for “prescribe: Provided, that a”.
Subsec. (d)(1)(A). Pub. L. 100–532, § 801(b)(7), substituted “restricted use. If” for “restricted use, provided that if”
and “restricted uses. The Administrator” for “restricted uses: Provided, however, That the Administrator”.

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NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Subsec. (f)(2). Pub. L. 100–532, § 801(b)(8), substituted “this subchapter. As” for “this subchapter: Provided, That as”.
Subsec. (g). Pub. L. 100–532, § 801(b)(9), struck out subsec. (g) which read as follows: “The Administrator shall
accomplish the reregistration of all pesticides in the most expeditious manner practicable: Provided, That, to the extent
appropriate, any pesticide that results in a postharvest residue in or on food or feed crops shall be given priority in
the reregistration process.”
1978—Subsec. (c)(1)(D). Pub. L. 95–396, § 2(a)(1), added subpar. (D), and struck out provisions which required
the applicant for registration of a pesticide to file with the Administrator a statement containing “if requested by the
Administrator, a full description of the tests made and the results thereof upon which the claims are based, except that
data submitted on or after January 1, 1970, in support of an application shall not, without permission of the applicant,
be considered by the Administrator in support of any other application for registration unless such other applicant shall
have first offered to pay reasonable compensation for producing the test data to be relied upon and such data is not
protected from disclosure by section 136h (b) of this title. This provision with regard to compensation for producing
the test data to be relied upon shall apply with respect to all applications for registration or reregistration submitted on
or after October 21, 1972. If the parties cannot agree on the amount and method of payment, the Administrator shall
make such determination and may fix such other terms and conditions as may be reasonable under the circumstances.
The Administrator’s determination shall be made on the record after notice and opportunity for hearing. If either party
does not agree with said determination, he may, within thirty days, take an appeal to the Federal district court for
the district in which he resides with respect to either the amount of the payment or the terms of payment, or both.
Registration shall not be delayed pending the determination of reasonable compensation between the applicants, by
the Administrator or by the court.”.
Subsec. (c)(2). Pub. L. 95–396, §§ 2(a)(2)(A)–(D), 3, 4, designated existing provisions as subpar. (A), inserted in
second sentence “under subparagraph (B) of this paragraph” after “kind of information”, struck out from introductory
text of third sentence “subsection (c)(1)(D) of this section and” after “Except as provided by”, and inserted provisions
relating to establishment of standards for data requirements for registration of pesticides with respect to minor uses and
consideration of economic factors in development of standards and cost of development, and added subpars. (B) to (D).
Subsec. (c)(5). Pub. L. 95–396, § 5, provided for waiver of data requirements pertaining to efficacy.
Subsec. (c)(7), (8). Pub. L. 95–396, § 6, added pars. (7) and (8).
Subsec. (d)(1)(A). Pub. L. 95–396, § 7(1), authorized classification of pesticide uses by regulation on the initial
classification and registered pesticides prior to reregistration.
Subsec. (d)(2). Pub. L. 95–396, § 7(2), substituted “forty-five days” for “30 days”.
Subsec. (d)(3). Pub. L. 95–396, § 7(3), added par. (3).
Subsec. (g). Pub. L. 95–396, § 8, added subsec. (g).
1975—Subsec. (c)(1)(D). Pub. L. 94–140 inserted exception relating to test data submitted on or after January 1, 1970,
in support of application, inserted provision that compensation for producing test data shall apply to all applications
submitted on or after October 21, 1972, and provision relating to delay of registration pending determination of
reasonable compensation, struck out requirement that payment determined by court not be less than amount determined
by Administrator, and substituted “If either party” for “If the owner of the test data”.

Effective Date of 2007 Amendment
Pub. L. 110–94, § 6, Oct. 9, 2007, 121 Stat. 1007, provided that: “This Act [see Short Title of 2007 Amendment note
set out under section 136 of this title] and the amendments made by this Act take effect on October 1, 2007.”

Effective Date of 2004 Amendment
Pub. L. 108–199, div. G, title V, § 501(h), Jan. 23, 2004, 118 Stat. 434, provided that: “Except as otherwise provided
in this section [enacting section 136w–8 of this title, amending this section and sections 136a–1, 136x, and 136y of
this title, and enacting provisions set out as notes under sections 136 of this title and section 346a of Title 21, Food and
Drugs] and the amendments made by this section, this section and the amendments made by this section take effect
on the date that is 60 days after the date of enactment of this Act [Jan. 23, 2004].”

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.

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7 USC 136a

NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Effective Date of 1978 Amendment
Section 2(b) of Pub. L. 95–396 provided that: “The amendment to section 3(c)(1)(D) of the Federal Insecticide,
Fungicide, and Rodenticide Act [subsec. (c)(1)(D) of this section] made by [subsec. (a)(1) of] this section shall apply
with respect to all applications for registration approved after the date of enactment of this Act [Sept. 30, 1978].”

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.

Biological Pesticide Handling Study
Section 1498 of Pub. L. 101–624 provided that:
“(a) Study.—Not later than September 30, 1992, the National Academy of Sciences shall conduct a study of the
biological control programs and registration procedures utilized by the Food and Drug Administration, the Animal
and Plant Health Inspection Service, and the Environmental Protection Agency.
“(b) Development of Procedures.—Not later than 1 year after the completion of the study under subsection (a), the
agencies and offices described in such subsection shall develop and implement a common process for reviewing and
approving biological control applications that are submitted to such agencies and offices that shall be based on the
study conducted under such subsection and the recommendation of the National Academy of Sciences, and other
public comment.”

Education, Study, and Report
Pub. L. 100–478, title I, § 1010, Oct. 7, 1988, 102 Stat. 2313, provided that:
“(a) Education.—The Administrator of the Environmental Protection Agency in cooperation with the Secretary of
Agriculture and the Secretary of the Interior, promptly upon enactment of this Act [Oct. 7, 1988], shall conduct a
program to inform and educate fully persons engaged in agricultural food and fiber commodity production of any
proposed pesticide labeling program or requirements that may be imposed by the Administrator in compliance with the
Endangered Species Act [of 1973] (16 U.S.C. 1531 et seq.). The Administrator also shall provide the public with notice
of, and opportunity for comment on, the elements of any such program and requirements based on compliance with
the Endangered Species Act [of 1973], including (but not limited to) an identification of any pesticides affected by the
program; an explanation of the restriction or prohibition on the user or applicator of any such pesticide; an identification
of those geographic areas affected by any pesticide restriction or prohibition; an identification of the effects of any
restricted or prohibited pesticide on endangered or threatened species; and an identification of the endangered or
threatened species along with a general description of the geographic areas in which such species are located wherein
the application of a pesticide will be restricted, prohibited, or its use otherwise limited, unless the Secretary of the
Interior determines that the disclosure of such information may create a substantial risk of harm to such species or
its habitat.
“(b) Study.—The Administrator of the Environmental Protection Agency, jointly with the Secretary of Agriculture
and the Secretary of the Interior, shall conduct a study to identify reasonable and prudent means available to the
Administrator to implement the endangered species pesticides labeling program which would comply with the
Endangered Species Act of 1973, as amended, and which would allow persons to continue production of agricultural
food and fiber commodities. Such study shall include investigation by the Administrator of the best available methods
to develop maps and the best available alternatives to mapping as means of identifying those circumstances in which
use of pesticides may be restricted; identification of alternatives to prohibitions on pesticide use, including, but
not limited to, alternative pesticides and application methods and other agricultural practices which can be used in
lieu of any pesticides whose use may be restricted by the labeling program; examination of methods to improve
coordination among the Environmental Protection Agency, Department of Agriculture, and Department of the Interior
in administration of the labeling program; and analysis of the means of implementing the endangered species pesticides
labeling program or alternatives to such a program, if any, to promote the conservation of endangered or threatened
species and to minimize the impacts to persons engaged in agricultural food and fiber commodity production and other
affected pesticide users and applicators.
“(c) Report.—The Administrator of the Environmental Protection Agency in cooperation with the Secretary of
Agriculture and the Secretary of the Interior shall submit a report within one year of the date of enactment of this Act
[Oct. 7, 1988], presenting the results of the study conducted pursuant to subsection (b) of this section to the Committee
on Merchant Marine and Fisheries and the Committee on Agriculture of the United States House of Representatives,
and the Committee on Environment and Public Works and the Committee on Agriculture, Nutrition, and Forestry of
the United States Senate.”

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ment in coordination with the Secretary of Agriculture. The Administrator shall also take
care to ensure that such research does not duplicate research being undertaken by any other
Federal agency.
(b) National monitoring plan
The Administrator shall formulate and periodically revise, in cooperation with other Federal, State, or local agencies, a national plan for
monitoring pesticides.
(c) Monitoring
The Administrator shall undertake such monitoring activities, including, but not limited to
monitoring in air, soil, water, man, plants, and
animals, as may be necessary for the implementation of this subchapter and of the national
pesticide monitoring plan. The Administrator
shall establish procedures for the monitoring of
man and animals and their environment for
incidential 1 pesticide exposure, including, but
not limited to, the quantification of incidental
human and environmental pesticide pollution
and the secular trends thereof, and identification of the sources of contamination and their
relationship to human and environmental effects. Such activities shall be carried out in cooperation with other Federal, State, and local
agencies.
(June 25, 1947, ch. 125, § 20, as added Pub. L.
92–516, § 2, Oct. 21, 1972, 86 Stat. 996; amended
Pub. L. 95–396, § 20, Sept. 30, 1978, 92 Stat. 834;
Pub. L. 102–237, title X, § 1006(a)(10), (b)(1), Dec.
13, 1991, 105 Stat. 1895.)
AMENDMENTS
1991—Subsec. (a). Pub. L. 102–237 substituted ‘‘ensure’’
for ‘‘insure’’ and ‘‘the Administrator’’ for ‘‘he’’ before
‘‘shall conduct’’.
1978—Subsec. (a). Pub. L. 95–396, § 20(1), substituted in
first sentence ‘‘shall conduct research into integrated
pest management in coordination with the Secretary of
Agriculture’’ for ‘‘shall give priority to research to develop biologically integrated alternatives for pest control’’.
Subsec. (c). Pub. L. 95–396, § 20(2), inserted provision
requiring establishment of monitoring procedures and
the carrying out of the activities in cooperation with
other Federal, State, and local agencies.
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.
AVAILABILITY OF GRANTS
Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1081,
provided in part: ‘‘That notwithstanding 7 U.S.C. 136r
and 15 U.S.C. 2609, beginning in fiscal year 2000 and
thereafter, grants awarded under section 20 of the Federal Insecticide, Fungicide, and Rodenticide Act [7
U.S.C. 136r], as amended, and section 10 of the Toxic
Substances Control Act [15 U.S.C. 2609], as amended,
shall be available for research, development, monitoring, public education, training, demonstrations, and
studies’’.

§ 136r–1. Integrated Pest Management
The Secretary of Agriculture, in cooperation
with the Administrator, shall implement research, demonstration, and education programs
to support adoption of Integrated Pest Manage1 So

§ 136s

TITLE 7—AGRICULTURE

in original. Probably should be ‘‘incidental’’.

ment. Integrated Pest Management is a sustainable approach to managing pests by combining
biological, cultural, physical, and chemical
tools in a way that minimizes economic, health,
and environmental risks. The Secretary of Agriculture and the Administrator shall make information on Integrated Pest Management widely
available to pesticide users, including Federal
agencies. Federal agencies shall use Integrated
Pest Management techniques in carrying out
pest management activities and shall promote
Integrated Pest Management through procurement and regulatory policies, and other activities.
(Pub. L. 104–170, title III, § 303, Aug. 3, 1996, 110
Stat. 1512.)
CODIFICATION
Section was enacted as part of the Food Quality Protection Act of 1996, and not as part of the Federal Insecticide, Fungicide, and Rodenticide Act which comprises
this subchapter.

§ 136s. Solicitation of comments; notice of public
hearings
(a) Secretary of Agriculture
The Administrator, before publishing regulations under this subchapter, shall solicit the
views of the Secretary of Agriculture in accordance with the procedure described in section
136w(a) of this title.
(b) Secretary of Health and Human Services
The Administrator, before publishing regulations under this subchapter for any public
health pesticide, shall solicit the views of the
Secretary of Health and Human Services in the
same manner as the views of the Secretary of
Agriculture
are
solicited
under
section
136w(a)(2) of this title.
(c) Views
In addition to any other authority relating to
public hearings and solicitation of views, in connection with the suspension or cancellation of a
pesticide registration or any other actions authorized under this subchapter, the Administrator may, at the Administrator’s discretion,
solicit the views of all interested persons, either
orally or in writing, and seek such advice from
scientists, farmers, farm organizations, and
other qualified persons as the Administrator
deems proper.
(d) Notice
In connection with all public hearings under
this subchapter the Administrator shall publish
timely notice of such hearings in the Federal
Register.
(June 25, 1947, ch. 125, § 21, as added Pub. L.
92–516, § 2, Oct. 21, 1972, 86 Stat. 996; amended
Pub. L. 94–140, § 2(b), Nov. 28, 1975, 89 Stat. 752;
Pub. L. 100–532, title VIII, § 801(l), Oct. 25, 1988,
102 Stat. 2682; Pub. L. 102–237, title X, § 1006(b)(1),
(2), Dec. 13, 1991, 105 Stat. 1895; Pub. L. 104–170,
title II, § 234, Aug. 3, 1996, 110 Stat. 1509.)
AMENDMENTS
1996—Subsecs. (b) to (d). Pub. L. 104–170 added subsec.
(b) and redesignated former subsecs. (b) and (c) as (c)
and (d), respectively.