7 U.S.C. § 136v — Authority of States

submitted 79 years ago by Pub. L. 92-516 to r/title-7-AGRICULTURE · 473 words · no verdicts yet

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States can regulate pesticide sales and use, but not more loosely than federal law. States cannot add their own labeling or packaging rules. States can register extra local pesticide uses, but the Administrator can disapprove or suspend that power.

(a) In general A State may make its own rules about selling or using a pesticide that is registered with the federal government. But the State's rule cannot allow any sale or use that this law forbids. (b) Uniformity A State cannot add its own labeling or packaging rules on top of the federal ones. A State also cannot make different labeling or packaging rules than the federal ones. (c) Additional uses Paragraph (1): A State can register new uses for a pesticide that already has federal registration. This lets the State meet a special local need. The new use must fit the purposes of this law. The Administrator must not have already denied, disapproved, or canceled that use. This state registration counts as a registration under section 136a for every purpose of this law. But it only allows distribution and use inside that State. Paragraph (2): A state registration under this part stops working after 90 days if the Administrator disapproves it within that time. Before disapproving, the Administrator must tell the State the Administrator plans to disapprove it, explain why, and give the State a chance to respond — except in the situations covered by paragraph (3). The Administrator cannot disapprove a state registration just because the pesticide is "not essential." The Administrator also cannot disapprove it just because its makeup and how it is used are similar to an already federally registered pesticide — unless paragraph (3) applies. Paragraph (3): A State cannot register a pesticide for use on food or animal feed unless the Federal Food, Drug, and Cosmetic Act already allows some residue of that pesticide on that food or feed, through a tolerance or an exemption. If the Administrator decides a state registration conflicts with the Federal Food, Drug, and Cosmetic Act, or that using the state-registered pesticide creates an immediate danger, the Administrator can disapprove that registration right away. Paragraph (4): If the Administrator decides — using standards set by regulations under section 136w — that a State cannot properly control its own pesticide registrations, or has failed to control them, the Administrator can suspend that State's power to register pesticides. This suspension lasts until the Administrator is satisfied the State can and will control them properly. Before suspending a State this way, the Administrator must tell the State of the plan to suspend, explain why, and give the State time to respond.

the actual law source: uscode.house.gov ↗public domain

(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 subchapter.

(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 subchapter.

(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 subchapter 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 136a of this title for all purposes of this subchapter, 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 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 [21 U.S.C. 301 et seq.] that permits the residues of the pesticides 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 136w of this title, 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 subchapter 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.

Source credit: (June 25, 1947, ch. 125, § 24, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 997; amended Pub. L. 95–396, § 22, Sept. 30, 1978, 92 Stat. 835; Pub. L. 100–532, title VIII, § 801(m), Oct. 25, 1988, 102 Stat. 2682.)

history & why it existsrecord from the source credit

1947Enacted · Pub. L. 92-516 · 86 Stat. 997
1978Amended · Pub. L. 95-396 · 92 Stat. 835
1988Amended · Pub. L. 100-532 · 102 Stat. 2682

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-516 on 1947-06-25.

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