2531.02 Attachment C

Page 249

TITLE 7—AGRICULTURE

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

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

§ 136s

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.