Attachment A

TITLE 7—AGRICULTURE

§ 136d

(June 25, 1947, ch. 125, § 5, as added Pub. L. 92–516,
§ 2, Oct. 21, 1972, 86 Stat. 983; amended Pub. L.
94–140, § 10, Nov. 28, 1975, 89 Stat. 754; Pub. L.
95–396, § 10, Sept. 30, 1978, 92 Stat. 828; Pub. L.
100–532, title VIII, § 801(d), (q)(1)(D), Oct. 25, 1988,
102 Stat. 2681, 2683; Pub. L. 102–237, title X,
§ 1006(b)(1), Dec. 13, 1991, 105 Stat. 1895.)
PRIOR PROVISIONS
A prior section 5 of act June 25, 1947, was classified to
section 135c of this title prior to amendment of act
June 25, 1947, by Pub. L. 92–516.
AMENDMENTS
1991—Subsecs. (b), (e), (f). Pub. L. 102–237 substituted
‘‘the Administrator’’ for ‘‘he’’ before ‘‘may’’ in subsec.
(b), before ‘‘finds’’ in subsec. (e), and before ‘‘may’’ in
subsec. (f).
1988—Subsec. (f). Pub. L. 100–532, § 801(q)(1)(D), substituted ‘‘136i’’ for ‘‘136b’’.
Subsec. (g). Pub. L. 100–532, § 801(d), substituted ‘‘require. Such pesticide’’ for ‘‘require: Provided, That such
pesticide’’.
1978—Subsec. (a). Pub. L. 95–396, § 10(1), provided for
review of application, issuance or nonissuance of
experimental use permit within prescribed period including reasons for denial, correction of application,
and waiver of conditions and substituted provision for
filing an application for experimental use permit at
any time for prior provision for filing at the time of or
before or after an application for registration is filed.
Subsec. (f). Pub. L. 95–396, § 10(2), substituted in first
sentence ‘‘shall’’ for ‘‘may’’ where first appearing.
1975—Subsec. (g). Pub. L. 94–140 added subsec. (g).
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.
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.

§ 136d. Administrative review; suspension
(a) Existing stocks and information
(1) Existing stocks
The Administrator may permit the continued sale and use of existing stocks of a pesticide whose registration is suspended or canceled under this section, or section 136a or
136a–1 of this title, to such extent, under such
conditions, and for such uses as the Administrator determines that such sale or use is not
inconsistent with the purposes of this subchapter.
(2) Information
If at any time after the registration of a pesticide the registrant has additional factual information regarding unreasonable adverse effects on the environment of the pesticide, the
registrant shall submit such information to
the Administrator.
(b) Cancellation and change in classification
If it appears to the Administrator that a pesticide or its labeling or other material required
to be submitted does not comply with the provisions of this subchapter or, when used in accordance with widespread and commonly recognized
practice, generally causes unreasonable adverse
effects on the environment, the Administrator
may issue a notice of the Administrator’s intent
either—

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(1) to cancel its registration or to change its
classification together with the reasons (including the factual basis) for the Administrator’s action, or
(2) to hold a hearing to determine whether or
not its registration should be canceled or its
classification changed.
Such notice shall be sent to the registrant and
made public. In determining whether to issue
any such notice, the Administrator shall include
among those factors to be taken into account
the impact of the action proposed in such notice
on production and prices of agricultural commodities, retail food prices, and otherwise on
the agricultural economy. At least 60 days prior
to sending such notice to the registrant or making public such notice, whichever occurs first,
the Administrator shall provide the Secretary of
Agriculture with a copy of such notice and an
analysis of such impact on the agricultural
economy. If the Secretary comments in writing
to the Administrator regarding the notice and
analysis within 30 days after receiving them, the
Administrator shall publish in the Federal Register (with the notice) 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 notice and analysis
within 30 days after receiving them, the Administrator may notify the registrant and make
public the notice at any time after such 30-day
period notwithstanding the foregoing 60-day
time requirement. The time requirements imposed by the preceding 3 sentences may be
waived or modified to the extent agreed upon by
the Administrator and the Secretary. Notwithstanding any other provision of this subsection
and section 136w(d) of this title, in the event
that the Administrator determines that suspension of a pesticide registration is necessary to
prevent an imminent hazard to human health,
then upon such a finding the Administrator may
waive the requirement of notice to and consultation with the Secretary of Agriculture pursuant
to this subsection and of submission to the Scientific Advisory Panel pursuant to section
136w(d) of this title and proceed in accordance
with subsection (c). When a public health use is
affected, the Secretary of Health and Human
Services should provide available benefits and
use information, or an analysis thereof, in accordance with the procedures followed and subject to the same conditions as the Secretary of
Agriculture in the case of agricultural pesticides. The proposed action shall become final
and effective at the end of 30 days from receipt
by the registrant, or publication, of a notice issued under paragraph (1), whichever occurs
later, unless within that time either (i) the registrant makes the necessary corrections, if possible, or (ii) a request for a hearing is made by
a person adversely affected by the notice. In the
event a hearing is held pursuant to such a request or to the Administrator’s determination
under paragraph (2), a decision pertaining to
registration or classification issued after completion of such hearing shall be final. In taking
any final action under this subsection, the Administrator shall consider restricting a pesticide’s use or uses as an alternative to cancella-

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TITLE 7—AGRICULTURE

tion and shall fully explain the reasons for these
restrictions, and shall include among those factors to be taken into account the impact of such
final action on production and prices of agricultural commodities, retail food prices, and otherwise on the agricultural economy, and the Administrator shall publish in the Federal Register an analysis of such impact.
(c) Suspension
(1) Order
If the Administrator determines that action
is necessary to prevent an imminent hazard
during the time required for cancellation or
change in classification proceedings, the Administrator may, by order, suspend the registration of the pesticide immediately. Except
as provided in paragraph (3), no order of suspension may be issued under this subsection
unless the Administrator has issued, or at the
same time issues, a notice of intention to cancel the registration or change the classification of the pesticide under subsection (b). Except as provided in paragraph (3), the Administrator shall notify the registrant prior to issuing any suspension order. Such notice shall include findings pertaining to the question of
‘‘imminent hazard’’. The registrant shall then
have an opportunity, in accordance with the
provisions of paragraph (2), for an expedited
hearing before the Administrator on the question of whether an imminent hazard exists.
(2) Expedite hearing
If no request for a hearing is submitted to
the Administrator within five days of the registrant’s receipt of the notification provided
for by paragraph (1), the suspension order may
be issued and shall take effect and shall not be
reviewable by a court. If a hearing is requested, it shall commence within five days of
the receipt of the request for such hearing unless the registrant and the Administrator
agree that it shall commence at a later time.
The hearing shall be held in accordance with
the provisions of subchapter II of chapter 5 of
title 5, except that the presiding officer need
not be a certified administrative law judge.
The presiding officer shall have ten days from
the conclusion of the presentation of evidence
to submit recommended findings and conclusions to the Administrator, who shall then
have seven days to render a final order on the
issue of suspension.
(3) Emergency order
Whenever the Administrator determines
that an emergency exists that does not permit
the Administrator to hold a hearing before
suspending, the Administrator may issue a
suspension order in advance of notification to
the registrant. The Administrator may issue
an emergency order under this paragraph before issuing a notice of intention to cancel the
registration or change the classification of the
pesticide under subsection (b) and the Administrator shall proceed to issue the notice under
subsection (b) within 90 days of issuing an
emergency order. If the Administrator does
not issue a notice under subsection (b) within
90 days of issuing an emergency order, the
emergency order shall expire. In the case of an

§ 136d

emergency order, paragraph (2) shall apply except that (A) the order of suspension shall be
in effect pending the expeditious completion
of the remedies provided by that paragraph
and the issuance of a final order on suspension, and (B) no party other than the registrant and the Administrator shall participate except that any person adversely affected
may file briefs within the time allotted by the
Agency’s rules. Any person so filing briefs
shall be considered a party to such proceeding
for the purposes of section 136n(b) of this title.
(4) Judicial review
A final order on the question of suspension
following a hearing shall be reviewable in accordance with section 136n of this title, notwithstanding the fact that any related cancellation proceedings have not been completed. Any order of suspension entered prior
to a hearing before the Administrator shall be
subject to immediate review in an action by
the registrant or other interested person with
the concurrence of the registrant in an appropriate district court, solely to determine
whether the order of suspension was arbitrary,
capricious or an abuse of discretion, or whether the order was issued in accordance with the
procedures established by law. The effect of
any order of the court will be only to stay the
effectiveness of the suspension order, pending
the Administrator’s final decision with respect
to cancellation or change in classification.
This action may be maintained simultaneously with any administrative review proceedings under this section. The commencement of proceedings under this paragraph
shall not operate as a stay of order, unless ordered by the court.
(d) Public hearings and scientific review
In the event a hearing is requested pursuant to
subsection (b) or determined upon by the Administrator pursuant to subsection (b), such
hearing shall be held after due notice for the
purpose of receiving evidence relevant and material to the issues raised by the objections filed
by the applicant or other interested parties, or
to the issues stated by the Administrator, if the
hearing is called by the Administrator rather
than by the filing of objections. Upon a showing
of relevance and reasonable scope of evidence
sought by any party to a public hearing, the
Hearing Examiner shall issue a subpena to compel testimony or production of documents from
any person. The Hearing Examiner shall be guided by the principles of the Federal Rules of Civil
Procedure in making any order for the protection of the witness or the content of documents
produced and shall order the payment of reasonable fees and expenses as a condition to requiring testimony of the witness. On contest, the
subpena may be enforced by an appropriate
United States district court in accordance with
the principles stated herein. Upon the request of
any party to a public hearing and when in the
Hearing Examiner’s judgment it is necessary or
desirable, the Hearing Examiner shall at any
time before the hearing record is closed refer to
a Committee of the National Academy of Sciences the relevant questions of scientific fact involved in the public hearing. No member of any

§ 136d

TITLE 7—AGRICULTURE

committee of the National Academy of Sciences
established to carry out the functions of this
section shall have a financial or other conflict of
interest with respect to any matter considered
by such committee. The Committee of the National Academy of Sciences shall report in writing to the Hearing Examiner within 60 days
after such referral on these questions of scientific fact. The report shall be made public and
shall be considered as part of the hearing record.
The Administrator shall enter into appropriate
arrangements with the National Academy of
Sciences to assure an objective and competent
scientific review of the questions presented to
Committees of the Academy and to provide such
other scientific advisory services as may be required by the Administrator for carrying out the
purposes of this subchapter. As soon as practicable after completion of the hearing (including the report of the Academy) but not later
than 90 days thereafter, the Administrator shall
evaluate the data and reports before the Administrator and issue an order either revoking the
Administrator’s notice of intention issued pursuant to this section, or shall issue an order either canceling the registration, changing the
classification, denying the registration, or requiring modification of the labeling or packaging of the article. Such order shall be based only
on substantial evidence of record of such hearing and shall set forth detailed findings of fact
upon which the order is based.
(e) Conditional registration
(1) The Administrator shall issue a notice of
intent to cancel a registration issued under section 136a(c)(7) of this title if (A) the Administrator, at any time during the period provided
for satisfaction of any condition imposed, determines that the registrant has failed to initiate
and pursue appropriate action toward fulfilling
any condition imposed, or (B) at the end of the
period provided for satisfaction of any condition
imposed, that condition has not been met. The
Administrator may permit the continued sale
and use of existing stocks of a pesticide whose
conditional registration has been canceled under
this subsection to such extent, under such conditions, and for such uses as the Administrator
may specify if the Administrator determines
that such sale or use is not inconsistent with
the purposes of this subchapter and will not
have unreasonable adverse effects on the environment.
(2) A cancellation proposed under this subsection shall become final and effective at the
end of thirty days from receipt by the registrant
of the notice of intent to cancel unless during
that time a request for hearing is made by a person adversely affected by the notice. If a hearing
is requested, a hearing shall be conducted under
subsection (d) of this section. The only matters
for resolution at that hearing shall be whether
the registrant has initiated and pursued appropriate action to comply with the condition or
conditions within the time provided or whether
the condition or conditions have been satisfied
within the time provided, and whether the Administrator’s determination with respect to the
disposition of existing stocks is consistent with
this subchapter. A decision after completion of

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such hearing shall be final. Notwithstanding any
other provision of this section, a hearing shall
be held and a determination made within seventy-five days after receipt of a request for such
hearing.
(f) General provisions
(1) Voluntary cancellation
(A) A registrant may, at any time, request
that a pesticide registration of the registrant
be canceled or amended to terminate one or
more pesticide uses.
(B) Before acting on a request under subparagraph (A), the Administrator shall publish
in the Federal Register a notice of the receipt
of the request and provide for a 30-day period
in which the public may comment.
(C) In the case of a pesticide that is registered for a minor agricultural use, if the Administrator determines that the cancellation
or termination of uses would adversely affect
the availability of the pesticide for use, the
Administrator—
(i) shall publish in the Federal Register a
notice of the receipt of the request and make
reasonable efforts to inform persons who so
use the pesticide of the request; and
(ii) may not approve or reject the request
until the termination of the 180-day period
beginning on the date of publication of the
notice in the Federal Register, except that
the Administrator may waive the 180-day period upon the request of the registrant or if
the Administrator determines that the continued use of the pesticide would pose an unreasonable adverse effect on the environment.
(D) Subject to paragraph (3)(B), after complying with this paragraph, the Administrator
may approve or deny the request.
(2) Publication of notice
A notice of denial of registration, intent to
cancel, suspension, or intent to suspend issued
under this subchapter or a notice issued under
subsection (c)(4) or (d)(5)(A) of section 136a–1
of this title shall be published in the Federal
Register and shall be sent by certified mail,
return receipt requested, to the registrant’s or
applicant’s address of record on file with the
Administrator. If the mailed notice is returned to the Administrator as undeliverable
at that address, if delivery is refused, or if the
Administrator otherwise is unable to accomplish delivery of the notice to the registrant
or applicant after making reasonable efforts
to do so, the notice shall be deemed to have
been received by the registrant or applicant on
the date the notice was published in the Federal Register.
(3) Transfer of registration of pesticides registered for minor agricultural uses
In the case of a pesticide that is registered
for a minor agricultural use:
(A) During the 180-day period referred to in
paragraph (1)(C)(ii), the registrant of the
pesticide may notify the Administrator of
an agreement between the registrant and a
person or persons (including persons who so
use the pesticide) to transfer the registra-

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TITLE 7—AGRICULTURE

tion of the pesticide, in lieu of canceling or
amending the registration to terminate the
use.
(B) An application for transfer of registration, in conformance with any regulations
the Administrator may adopt with respect
to the transfer of the pesticide registrations,
must be submitted to the Administrator
within 30 days of the date of notification
provided pursuant to subparagraph (A). If
such an application is submitted, the Administrator shall approve the transfer and
shall not approve the request for voluntary
cancellation or amendment to terminate use
unless the Administrator determines that
the continued use of the pesticide would
cause an unreasonable adverse effect on the
environment.
(C) If the Administrator approves the
transfer and the registrant transfers the registration of the pesticide, the Administrator
shall not cancel or amend the registration to
delete the use or rescind the transfer of the
registration, during the 180-day period beginning on the date of the approval of the
transfer unless the Administrator determines that the continued use of the pesticide would cause an unreasonable adverse
effect on the environment.
(D) The new registrant of the pesticide
shall assume the outstanding data and other
requirements for the pesticide that are pending at the time of the transfer.
(4) Utilization of data for voluntarily canceled
pesticide
When an application is filed with the Administrator for the registration of a pesticide for
a minor use and another registrant subsequently voluntarily cancels its registration
for an identical or substantially similar pesticide for an identical or substantially similar
use, the Administrator shall process, review,
and evaluate the pending application as if the
voluntary cancellation had not yet taken
place except that the Administrator shall not
take such action if the Administrator determines that such minor use may cause an unreasonable adverse effect on the environment.
In order to rely on this subsection, the applicant must certify that it agrees to satisfy any
outstanding data requirements necessary to
support the reregistration of the pesticide in
accordance with the data submission schedule
established by the Administrator.
(g) Notice for stored pesticides with canceled or
suspended registrations
(1) In general
Any producer or exporter of pesticides, registrant of a pesticide, applicant for registration of a pesticide, applicant for or holder of
an experimental use permit, commercial applicator, or any person who distributes or sells
any pesticide, who possesses any pesticide
which has had its registration canceled or suspended under this section shall notify the Administrator and appropriate State and local
officials of—
(A) such possession,
(B) the quantity of such pesticide such person possesses, and

§ 136d

(C) the place at which such pesticide is
stored.
(2) Copies
The Administrator shall transmit a copy of
each notice submitted under this subsection to
the regional office of the Environmental Protection Agency which has jurisdiction over the
place of pesticide storage identified in the notice.
(h) Judicial review
Final orders of the Administrator under this
section shall be subject to judicial review pursuant to section 136n of this title.
(June 25, 1947, ch. 125, § 6, as added Pub. L. 92–516,
§ 2, Oct. 21, 1972, 86 Stat. 984; amended Pub. L.
94–140, § 1, Nov. 28, 1975, 89 Stat. 751; Pub. L.
95–251, § 2(a)(2), Mar. 27, 1978, 92 Stat. 183; Pub. L.
95–396, §§ 11, 12, Sept. 30, 1978, 92 Stat. 828; Pub. L.
98–620, title IV, § 402(4)(A), Nov. 8, 1984, 98 Stat.
3357; Pub. L. 100–532, title II, § 201, title IV, § 404,
title VIII, § 801(e), (q)(2)(B), Oct. 25, 1988, 102
Stat. 2668, 2673, 2681, 2683; Pub. L. 101–624, title
XIV, § 1494, Nov. 28, 1990, 104 Stat. 3628; Pub. L.
102–237, title X, § 1006(a)(5), (b)(1), (2), (3)(C)–(E),
Dec. 13, 1991, 105 Stat. 1895, 1896; Pub. L. 104–170,
title I, §§ 102, 106(a), title II, §§ 210(g), (h), 233,
Aug. 3, 1996, 110 Stat. 1489, 1491, 1500, 1509.)
CODIFICATION
‘‘Subchapter II of chapter 5 of title 5’’, referred to in
subsec. (c)(2), was in the original ‘‘subchapter II of
Title 5’’, and was editorially changed to reflect the
probable intent of Congress.
PRIOR PROVISIONS
A prior section 6 of act June 25, 1947, was classified to
section 135d of this title prior to amendment of act
June 25, 1947, by Pub. L. 92–516.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–170, § 106(a)(1), substituted ‘‘Existing stocks and information’’ for ‘‘Cancellation after five years’’ in heading.
Subsec. (a)(1). Pub. L. 104–170, § 106(a)(2), amended
heading and text generally. Prior to amendment, text
read as follows: ‘‘The Administrator shall cancel the
registration of any pesticide at the end of the five-year
period which begins on the date of its registration (or
at the end of any five year period thereafter) unless the
registrant, or other interested person with the concurrence of the registrant, before the end of such period,
requests in accordance with regulations prescribed by
the Administrator that the registration be continued in
effect. The Administrator may permit the continued
sale and use of existing stocks of a pesticide whose registration is canceled under this subsection or subsection (b) of this section to such extent, under such
conditions, and for such uses as the Administrator may
specify if the Administrator determines that such sale
or use is not inconsistent with the purposes of this subchapter and will not have unreasonable adverse effects
on the environment. The Administrator shall publish in
the Federal Register, at least 30 days prior to the expiration of such five-year period, notice that the registration will be canceled if the registrant or other interested person with the concurrence of the registrant
does not request that the registration be continued in
effect.’’
Subsec. (b). Pub. L. 104–170, § 233, inserted ‘‘When a
public health use is affected, the Secretary of Health
and Human Services should provide available benefits
and use information, or an analysis thereof, in accordance with the procedures followed and subject to the
same conditions as the Secretary of Agriculture in the

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TITLE 7—AGRICULTURE

case of agricultural pesticides.’’ before ‘‘The proposed
action shall become final’’.
Subsec. (c)(1). Pub. L. 104–170, § 102(a), amended second sentence generally. Prior to amendment, second
sentence read as follows: ‘‘No order of suspension may
be issued unless the Administrator has issued or at the
same time issues notice of the Administrator’s intention to cancel the registration or change the classification of the pesticide.’’
Subsec. (c)(3). Pub. L. 104–170, § 102(b), inserted after
first sentence ‘‘The Administrator may issue an emergency order under this paragraph before issuing a notice of intention to cancel the registration or change
the classification of the pesticide under subsection (b)
of this section and the Administrator shall proceed to
issue the notice under subsection (b) of this section
within 90 days of issuing an emergency order. If the Administrator does not issue a notice under subsection (b)
of this section within 90 days of issuing an emergency
order, the emergency order shall expire.’’ and substituted ‘‘In the case of an emergency order’’ for ‘‘In
that case’’.
Subsec. (f)(1)(C)(ii). Pub. L. 104–170, § 210(g)(1), substituted ‘‘180-day’’ for ‘‘90-day’’ in two places.
Subsec. (f)(3)(A). Pub. L. 104–170, § 210(g)(2), substituted ‘‘180-day’’ for ‘‘90-day’’.
Subsec. (f)(4). Pub. L. 104–170, § 210(h), added par. (4).
1991—Subsec. (a)(1). Pub. L. 102–237, § 1006(b)(1), substituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘may
specify’’ and before ‘‘determines’’.
Subsec. (a)(2). Pub. L. 102–237, § 1006(b)(3)(C), substituted ‘‘the registrant’’ for ‘‘he’’ before ‘‘shall’’.
Subsec. (b). Pub. L. 102–237, § 1006(b)(1), (2), substituted ‘‘the Administrator’s’’ for ‘‘his’’ in introductory provisions and par. (1), and ‘‘the Administrator’’
for ‘‘he’’ before ‘‘shall publish’’ in last sentence.
Subsec. (c)(1). Pub. L. 102–237, § 1006(b)(1), (2), substituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘may’’
and ‘‘the Administrator’s’’ for ‘‘his’’ before ‘‘intention’’.
Subsec. (c)(3). Pub. L. 102–237, § 1006(b)(1), (3)(D), substituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘may’’
and ‘‘the Administrator’’ for ‘‘him’’ after ‘‘permit’’.
Subsec. (d). Pub. L. 102–237, § 1006(b)(2), (3)(E), in
penultimate sentence substituted ‘‘the Administrator’s’’ for ‘‘his’’ and ‘‘the Administrator’’ for ‘‘him’’ before ‘‘and issue’’.
Subsec. (f)(3)(B). Pub. L. 102–237, § 1006(a)(5), substituted ‘‘adverse effect’’ for ‘‘adverse affect’’.
1990—Subsec. (f)(1). Pub. L. 101–624, § 1494(1), amended
par. (1) generally. Prior to amendment, par. (1) read as
follows: ‘‘A registrant at any time may request that
any of its pesticide registrations be canceled or be
amended to delete one or more uses. Before acting on
such request, the Administrator shall publish in the
Federal Register a notice of the receipt of the request.
Thereafter, the Administrator may approve such a request.’’
Subsec. (f)(3). Pub. L. 101–624, § 1494(2), added par. (3).
1988—Subsec. (a)(1). Pub. L. 100–532, § 801(e)(1), substituted ‘‘effect. The Administrator’’ for ‘‘effect: Provided, That the Administrator’’.
Subsec. (c). Pub. L. 100–532, § 801(e)(2)–(4), in par. (1)
directed that undesignated paragraph beginning ‘‘Except as provided’’ be run into sentence ending ‘‘of the
pesticide.’’ and substituted ‘‘before the Administrator’’
for ‘‘before the Agency’’, in par. (2) substituted ‘‘submitted to the Administrator’’ for ‘‘submitted to the
Agency’’ and ‘‘and the Administrator’’ for ‘‘and the
Agency’’, and in par. (3) substituted ‘‘(A)’’ for ‘‘(i)’’,
‘‘and the Administrator’’ for ‘‘and the Agency’’, and
‘‘(B)’’ for ‘‘(ii)’’.
Subsec. (e). Pub. L. 100–532, § 801(e)(5), (6), in par. (1),
substituted ‘‘met. The Administrator’’ for ‘‘met: Provided, That the Administrator’’, and in par. (2), substituted ‘‘section. The only’’ for ‘‘section: Provided,
That the only’’.
Subsec. (f). Pub. L. 100–532, § 201, added subsec. (f).
Former subsec. (f) redesignated (h).
Subsec. (f)(2). Pub. L. 100–532, § 801(q)(2)(B), made a
technical amendment to the reference to section 136a–1

Page 234

of this title to reflect the renumbering of the corresponding section of the original act.
Subsec. (g). Pub. L. 100–532, § 404, added subsec. (g).
Subsec. (h). Pub. L. 100–532, § 201, redesignated former
subsec. (f) as (h).
1984—Subsec. (c)(4). Pub. L. 98–620 struck out provisions requiring petitions to review orders on the issue
of suspension to be advanced on the docket of the court
of appeals.
1978—Subsec. (b). Pub. L. 95–396, § 11, required the Administrator, in taking any final action under subsec.
(b), to consider restricting a pesticide’s use or uses as
an alternative to cancellation and to fully explain the
reasons for the restrictions.
Subsec. (c)(2). Pub. L. 95–251 substituted ‘‘administrative law judge’’ for ‘‘hearing examiner’’.
Subsecs. (e), (f). Pub. L. 95–396, § 12, added subsec. (e)
and redesignated former subsec. (e) as (f).
1975—Subsec. (b). Pub. L. 94–140 established criteria
which Administrator must use in determining the issuance of a suspension of registration notice and the time
periods relating to such notice, set forth required procedures to be followed by Administrator prior to publication of such notice, required procedures when the
Secretary elects to comment or fails to comment on
suspension notice, waiver or modification of time periods in specified required procedures, required procedures for waiver of notice and consent by Secretary for
suspension of registration, and established criteria for
Secretary taking any final action.
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.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–620 not applicable to cases
pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,
set out as an Effective Date note under section 1657 of
Title 28, Judiciary and Judicial Procedure.
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.

§ 136e. Registration of establishments
(a) Requirement
No person shall produce any pesticide subject
to this subchapter or active ingredient used in
producing a pesticide subject to this subchapter
in any State unless the establishment in which
it is produced is registered with the Administrator. The application for registration of any
establishment shall include the name and address of the establishment and of the producer
who operates such establishment.
(b) Registration
Whenever the Administrator receives an application under subsection (a), the Administrator
shall register the establishment and assign it an
establishment number.
(c) Information required
(1) Any producer operating an establishment
registered under this section shall inform the
Administrator within 30 days after it is registered of the types and amounts of pesticides
and, if applicable, active ingredients used in
producing pesticides—
(A) which the producer is currently producing;
(B) which the producer has produced during the past year; and