7 U.S.C. § 136i–1 — Pesticide recordkeeping

submitted 36 years ago by Pub. L. 101-624 to r/title-7-AGRICULTURE · 577 words · no verdicts yet

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Certified applicators of certain restricted pesticides must keep records like commercial applicators do. Without a state rule, they must record the product, amount, date, and place of use for two years. Health and government agencies can get these records, but individual growers' identities stay private.

(a) Requirements. (1) The Secretary of Agriculture, working with the EPA Administrator, requires certified applicators of certain restricted-use pesticides (the kind described in section 136a(d)(1)(C)) to keep records comparable to what commercial applicators keep in their state. If the state has no such requirement, the applicator must keep the product name, amount, approximate application date, and location for two years after each use. (2) Within 30 days of applying a pesticide, a commercial certified applicator must give a copy of these records to the person they applied it for. (b) Access. These records must be made available, on request, to any federal or state agency dealing with pesticide use or related health or environmental issues. Federal agencies must survey and record this data to allow statistical analysis for environmental and farming purposes, but no government agency may release data — including location — that would directly or indirectly reveal an individual grower's identity. Federal agencies get access through the Secretary of Agriculture (or the Secretary's designee); state agencies get access through the state's designated lead agency. (c) Health care personnel. When a health professional decides they need this pesticide record information to treat or provide first aid to someone possibly exposed, the person keeping the records must promptly give the health professional the records and available label information — immediately, in an emergency. (d) Penalty. The Secretary of Agriculture enforces subsections (a), (b), and (c). A violation results in (1) a fine of up to $500 for a first offense, and (2) a fine of at least $1,000 per violation for later offenses — unless the Secretary decides the person made a good-faith effort to comply, in which case the fine can be less than $1,000. (e) Federal or state provisions. This section doesn't change other federal or state laws. (f) Surveys and reports. The Secretary of Agriculture and the EPA Administrator must survey these records to build a database supporting annual reports to Congress on agricultural and non-agricultural pesticide use, due by April 1 each year. They must agree in writing on how to divide this work to avoid duplication. (g) Regulations. The Secretary of Agriculture and EPA Administrator must issue regulations covering their respective duties under this section within 180 days of November 28, 1990.

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

(a) Requirements

(1)

The Secretary of Agriculture, in consultation with the Administrator of the Environmental Protection Agency, shall require certified applicators of restricted use pesticides (of the type described under section 136a(d)(1)(C) of this title) to maintain records comparable to records maintained by commercial applicators of pesticides in each State. If there is no State requirement for the maintenance of records, such applicator shall maintain records that contain the product name, amount, approximate date of application, and location of application of each such pesticide used for a 2-year period after such use.

(2)

Within 30 days of a pesticide application, a commercial certified applicator shall provide a copy of records maintained under paragraph (1) to the person for whom such application was provided.

(b) Access

Records maintained under subsection (a) shall be made available to any Federal or State agency that deals with pesticide use or any health or environmental issue related to the use of pesticides, on the request of such agency. Each such Federal agency shall conduct surveys and record the data from individual applicators to facilitate statistical analysis for environmental and agronomic purposes, but in no case may a government agency release data, including the location from which the data was derived, that would directly or indirectly reveal the identity of individual producers. In the case of Federal agencies, such access to records maintained under subsection (a) shall be through the Secretary of Agriculture, or the Secretary’s designee. State agency requests for access to records maintained under subsection (a) shall be through the lead State agency so designated by the State.

When a health professional determines that pesticide information maintained under this section is necessary to provide medical treatment or first aid to an individual who may have been exposed to pesticides for which the information is maintained, upon request persons required to maintain records under subsection (a) shall promptly provide record and available label information to that health professional. In the case of an emergency, such record information shall be provided immediately.

(d) Penalty

The Secretary of Agriculture shall be responsible for the enforcement of subsections (a), (b), and (c). A violation of such subsection shall—

(1)

in the case of the first offense, be subject to a fine of not more than $500; and

(2)

in the case of subsequent offenses, be subject to a fine of not less than $1,000 for each violation, except that the penalty shall be less than $1,000 if the Secretary determines that the person made a good faith effort to comply with such subsection.

(e) Federal or State provisions

The requirements of this section shall not affect provisions of other Federal or State laws.

(f) Surveys and reports

The Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall survey the records maintained under subsection (a) to develop and maintain a data base that is sufficient to enable the Secretary and the Administrator to publish annual comprehensive reports concerning agricultural and nonagricultural pesticide use. The Secretary and Administrator shall enter into a memorandum of understanding to define their respective responsibilities under this subsection in order to avoid duplication of effort. Such reports shall be transmitted to Congress not later than April 1 of each year.

(g) Regulations

The Secretary of Agriculture and the Administrator of the Environmental Protection Agency shall promulgate regulations on their respective areas of responsibility implementing this section within 180 days after November 28, 1990.

Source credit: (Pub. L. 101–624, title XIV, § 1491, Nov. 28, 1990, 104 Stat. 3627; Pub. L. 102–237, title X, § 1006(d), Dec. 13, 1991, 105 Stat. 1896.)

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-624 · 104 Stat. 3627
1991Amended · Pub. L. 102-237 · 105 Stat. 1896

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-624 on 1990-11-28.

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