Attachment A - FIFRA Section 24(c)

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FEDERAL INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT
[As Amended Through P.L. 110–246, Effective May 22, 2008]
TABLE OF CONTENTS

1
May 22, 2008

U.S.C.

Act Sec.

Page

7 U.S.C.
prec. 121

1. Short title and table of contents ....................

3

136

2. Definitions .......................................................

7

136a

3. Registration of pesticides ...............................

16

136a–1

4. Reregistration of registered pesticides ..........

36

136c

5. Experimental use permits .............................

58

136d

6. Administrative review; suspension ...............

59

136e

7. Registration of establishments ......................

65

136f

8. Books and records ..........................................

66

136g

9. Inspection of establishments, etc. .................

66

136h

10. Protection of trade secrets and other information.

68

136i

11. Use of restricted use pesticides; applicators

70

136j

12. Unlawful acts ................................................

72

136k

13. Stop sale, use, removal, and seizure ...........

75

136l

14. Penalties ........................................................

76

136m

15. Indemnities ...................................................

77

136n

16. Administrative procedure; judicial review ..

80

136o

17. Imports and exports .....................................

80

136p

18. Exemption of Federal and State agencies ..

82

136q

19. Storage, disposal, transportation, and recall.

82

136r

20. Research and monitoring .............................

87

136s

21. Solicitation of comments; notice of public
hearings.

87

136t

22. Delegation and cooperation .........................

87

136u

23. State cooperation, aid, and training ...........

88

136v

24. Authority of States .......................................

88

136w

25. Authority of Administrator ..........................

89

136w–1

26. State primary enforcement responsibility ..

93

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FIFRA

2

TABLE OF CONTENTS—Continued

May 22, 2008

136w–2

27. Failure by the State to assure enforcement
of State pesticide use regulations.

94

136w–3

28. Identification of pests; cooperation with
Department of Agriculture’s program.

94

136w–4

29. Annual report ...............................................

95

136w–5

30. Minimum requirements for training of
maintenance applicators and service technicians.

95

136w–6

31. Environmental Protection Agency minor
use program.

95

136w–7

32. Department of Agriculture minor use program.

96

136w–8

33. Pesticide registration service fees ...............

97

136x

34. Severability ...................................................

109

136y
35. Authorization for appropriations .................
Bracketed material and footnotes did not appear in Acts.

109

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Sec. 23

FIFRA

88

SEC. 23. ø7 U.S.C. 136u¿ STATE COOPERATION, AID, AND TRAINING.

(a) COOPERATIVE AGREEMENTS.—The Administrator may enter
into cooperative agreements with States and Indian tribes—
(1) to delegate to any State or Indian tribe the authority
to cooperate in the enforcement of this Act through the use of
its personnel or facilities, to train personnel of the State or Indian tribe to cooperate in the enforcement of this Act, and to
assist States and Indian tribes in implementing cooperative enforcement programs through grants-in-aid; and
(2) to assist States in developing and administering State
programs, and Indian tribes that enter into cooperative agreements, to train and certify applicators consistent with the
standards the Administrator prescribes.
Effective with the fiscal year beginning October 1, 1978, there are
authorized to be appropriated annually such funds as may be necessary for the Administrator to provide through cooperative agreements an amount equal to 50 percent of the anticipated cost to each
State or Indian tribe, as agreed to under such cooperative agreements, of conducting training and certification programs during
such fiscal year. If funds sufficient to pay 50 percent of the costs
for any year are not appropriated, the share of each State and Indian tribe shall be reduced in a like proportion in allocating available funds.
(b) CONTRACTS FOR TRAINING.—In addition, the Administrator
may enter into contracts with Federal, State, or Indian tribal agencies for the purpose of encouraging the training of certified applicators.
(c) INFORMATION AND EDUCATION.—The Administrator shall, in
cooperation with the Secretary of Agriculture, use the services of
the cooperative State extension services to inform and educate pesticide users about accepted uses and other regulations made under
this Act.
SEC. 24. ø7 U.S.C. 136v¿ AUTHORITY OF STATES.

(a) IN GENERAL.—A State may regulate the sale or use of any
federally registered pesticide or device in the State, but only if and
to the extent the regulation does not permit any sale or use prohibited by this Act.
(b) UNIFORMITY.—Such State shall not impose or continue in effect any requirements for labeling or packaging in addition to or
different from those required under this Act.
(c) ADDITIONAL USES.—
(1) A State may provide registration for additional uses of
federally registered pesticides formulated for distribution and
use within that State to meet special local needs in accord with
the purposes of this Act and if registration for such use has not
previously been denied, disapproved, or canceled by the Administrator. Such registration shall be deemed registration under
section 3 for all purposes of this Act, but shall authorize distribution and use only within such State.
(2) A registration issued by a State under this subsection
shall not be effective for more than ninety days if disapproved
by the Administrator within that period. Prior to disapproval,
the Administrator shall, except as provided in paragraph (3) of
this subsection, advise the State of the Administrator’s intention to disapprove and the reasons therefor, and provide the
State time to respond. The Administrator shall not prohibit or
May 22, 2008

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89

FIFRA

Sec. 25

disapprove a registration issued by a State under this subsection (A) on the basis of lack of essentiality of a pesticide or
(B) except as provided in paragraph (3) of this subsection, if its
composition and use patterns are similar to those of a federally
registered pesticide.
(3) In no instance may a State issue a registration for a
food or feed use unless there exists a tolerance or exemption
under the Federal Food, Drug, and Cosmetic Act that permits
the residues of the pesticide on the food or feed. If the Administrator determines that a registration issued by a State is inconsistent with the Federal Food, Drug, and Cosmetic Act, or the
use of, a pesticide under a registration issued by a State constitutes an imminent hazard, the Administrator may immediately disapprove the registration.
(4) If the Administrator finds, in accordance with standards set forth in regulations issued under section 25 of this Act,
that a State is not capable of exercising adequate controls to
assure that State registration under this section will be in accord with the purposes of this Act or has failed to exercise adequate controls, the Administrator may suspend the authority of
the State to register pesticides until such time as the Administrator is satisfied that the State can and will exercise adequate
controls. Prior to any such suspension, the Administrator shall
advise the State of the Administrator’s intention to suspend
and the reasons therefor and provide the State time to respond.
SEC. 25. ø7 U.S.C. 136w¿ AUTHORITY OF ADMINISTRATOR.

(a) IN GENERAL.—
(1) REGULATIONS.—The Administrator is authorized in accordance with the procedure described in paragraph (2), to prescribe regulations to carry out the provisions of this Act. Such
regulations shall take into account the difference in concept
and usage between various classes of pesticides, including public health pesticides, and differences in environmental risk and
the appropriate data for evaluating such risk between agricultural, nonagricultural, and public health pesticides.
(2) PROCEDURE.—
(A) PROPOSED REGULATIONS.—At least 60 days prior to
signing any proposed regulation for publication in the Federal Register, the Administrator shall provide the Secretary of Agriculture with a copy of such regulation. If the
Secretary comments in writing to the Administrator regarding any such regulation within 30 days after receiving
it, the Administrator shall publish in the Federal Register
(with the proposed regulation) the comments of the Secretary and the response of the Administrator with regard
to the Secretary’s comments. If the Secretary does not comment in writing to the Administrator regarding the regulation within 30 days after receiving it, the Administrator
may sign such regulation for publication in the Federal
Register any time after such 30-day period notwithstanding
the foregoing 60-day time requirement.
(B) FINAL REGULATIONS.—At least 30 days prior to
signing any regulation in final form for publication in the
Federal Register, the Administrator shall provide the Secretary of Agriculture with a copy of such regulation. If the
Secretary comments in writing to the Administrator reMay 22, 2008