7 U.S.C. § 7719 — Methyl bromide

submitted 24 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 263 words · no verdicts yet

in plain englishAI-generated · not legal advice

On request from state, local, or tribal authorities, the Secretary decides whether methyl bromide treatments can be officially required to fight plant pests or weeds, but only if there's no other feasible alternative. The Secretary must also research alternatives to methyl bromide and keep a public registry of approved requirements. This section doesn't touch the EPA's authority under the Clean Air Act.

(a) In general: When state, local, or tribal authorities ask, the Secretary decides whether their required methyl bromide treatments -- used to stop plant pests, diseases, or noxious weeds -- can count as an official control or requirement. The Secretary cannot approve this unless there's no other registered, effective, and affordable alternative. (b) Methyl bromide alternative: The Secretary, working with state, local, and tribal authorities, must set up a program to find alternatives to methyl bromide. Where no good alternative currently exists, the Secretary must start research to develop one. (c) Registry: Within 180 days of May 13, 2002, the Secretary had to publish, and keep updating, a public registry of the state, local, and tribal requirements approved under this section. (d) Administration: (1) Once regulations are in place, the Secretary must decide on a request under (a) within 90 days of receiving it. (2) Nothing here changes the EPA Administrator's authority, or gives the Secretary of Agriculture any authority, under the Clean Air Act or its regulations.

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

(a) In general

The Secretary, upon request of State, local, or tribal authorities, shall determine whether methyl bromide treatments or applications required by State, local, or tribal authorities to prevent the introduction, establishment, or spread of plant pests (including diseases) or noxious weeds should be authorized as an official control or official requirement. The Secretary shall not authorize such treatments or applications unless the Secretary finds there is no other registered, effective, and economically feasible alternative available.

(b) Methyl bromide alternative

The Secretary, in consultation with State, local and tribal authorities, shall establish a program to identify alternatives to methyl bromide for treatment and control of plant pests and weeds. For uses where no registered, effective, economically feasible alternatives available can currently be identified, the Secretary shall initiate research programs to develop alternative methods of control and treatment.

Not later than 180 days after May 13, 2002, the Secretary shall publish, and thereafter maintain, a registry of State, local, and tribal requirements authorized by the Secretary under this section.

(d) Administration

(1) Timeline for determination

Upon the promulgation of regulations to carry out this section, the Secretary shall make the determination required by subsection (a) not later than 90 days after receiving the request for such a determination.

(2) Construction

Nothing in this section shall be construed to alter or modify the authority of the Administrator of the Environmental Protection Agency or to provide any authority to the Secretary of Agriculture under the Clean Air Act [42 U.S.C. 7401 et seq.] or regulations promulgated under the Clean Air Act.

Source credit: (Pub. L. 106–224, title IV, § 419, as added Pub. L. 107–171, title VII, § 7504(c), May 13, 2002, 116 Stat. 466.)

history & why it existsrecord from the source credit

2002Enacted · Pub. L. 106-224 · 116 Stat. 466

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-224 on 2002-05-13.

all 0 arguments · sorted by: best

no arguments yet — make the first case