7 U.S. Code § 136v - Authority of States

(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.
(c) Additional uses
(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

(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.)
References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.
Amendments

1988—Pub. L. 100–532, § 801(m), inserted headings for subsecs. (a) to (c) and realigned margins of pars. (1) to (4) of subsec. (c).
1978—Subsec. (a). Pub. L. 95–396inserted “federally registered” before “pesticide or device”.
Subsec. (b). Pub. L. 95–396substituted “labeling or packaging” and “required under” for “labeling and packaging” and “required pursuant to”, respectively.
Subsec. (c)(1). Pub. L. 95–396incorporated existing text in provisions designated par. (1) and substituted “registration for additional uses of federally registered pesticides” for “registration for pesticides”.
Subsec. (c)(2). Pub. L. 95–396incorporated existing text in provisions designated par. (2), conditioned disapproval of registration on communication of intention to disapprove and reasons for disapproval and provision for time to respond, and restricted authority of Administrator to prohibit or disapprove a State registration.
Subsec. (c)(3). Pub. L. 95–396added par. (3).
Subsec. (c)(4). Pub. L. 95–396incorporated existing text in provisions designated par. (4) and authorized suspension of registration authority of the State based on findings of inability or failure to exercise adequate controls following an indication of intention to suspend and reasons for the suspension and provision for time to respond.
Effective Date of 1988 Amendment

Amendment by Pub. L. 100–532effective on expiration of 60 days after Oct. 25, 1988, see section 901 ofPub. L. 100–532, set out as a note under section 136 of this title.
Effective Date

For effective date of section, see section 4 ofPub. L. 92–516, set out as a note under section 136 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

7 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


19 CFR - Customs Duties

19 CFR Part 12 - SPECIAL CLASSES OF MERCHANDISE

29 CFR - Labor

29 CFR Part 1440 - ARBITRATION OF PESTICIDE DATA DISPUTES

40 CFR - Protection of Environment

40 CFR Part 3 - CROSS-MEDIA ELECTRONIC REPORTING

40 CFR Part 9 - OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

40 CFR Part 30 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS

40 CFR Part 31 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

40 CFR Part 32

40 CFR Part 34 - NEW RESTRICTIONS ON LOBBYING

40 CFR Part 35 - STATE AND LOCAL ASSISTANCE

40 CFR Part 152 - PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES

40 CFR Part 153 - REGISTRATION POLICIES AND INTERPRETATIONS

40 CFR Part 155 - REGISTRATION STANDARDS AND REGISTRATION REVIEW

40 CFR Part 156 - LABELING REQUIREMENTS FOR PESTICIDES AND DEVICES

40 CFR Part 158 - DATA REQUIREMENTS FOR PESTICIDES

40 CFR Part 159 - STATEMENTS OF POLICIES AND INTERPRETATIONS

40 CFR Part 160 - GOOD LABORATORY PRACTICE STANDARDS

40 CFR Part 162 - STATE REGISTRATION OF PESTICIDE PRODUCTS

40 CFR Part 165 - PESTICIDE MANAGEMENT AND DISPOSAL

40 CFR Part 166 - EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS

40 CFR Part 168 - STATEMENTS OF ENFORCEMENT POLICIES AND INTERPRETATIONS

40 CFR Part 174 - PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS

40 CFR Part 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.