7 U.S. Code § 136w–1 - State primary enforcement responsibility | US Law

§ 136w–1.

State primary enforcement responsibility

(a) In generalFor the purposes of this subchapter, a State shall have primary enforcement responsibility for pesticide use violations during any period for which the Administrator determines that such State—

(1)

has adopted adequate pesticide use laws and regulations, except that the Administrator may not require a State to have pesticide use laws that are more stringent than this subchapter;

(2)

has adopted and is implementing adequate procedures for the enforcement of such State laws and regulations; and

(3)

will keep such records and make such reports showing compliance with paragraphs (1) and (2) of this subsection as the Administrator may require by regulation.

(b) Special rules

Notwithstanding the provisions of subsection (a) of this section, any State that enters into a cooperative agreement with the Administrator under section 136u of this title for the enforcement of pesticide use restrictions shall have the primary enforcement responsibility for pesticide use violations. Any State that has a plan approved by the Administrator in accordance with the requirements of section 136i of this title that the Administrator determines meets the criteria set out in subsection (a) of this section shall have the primary enforcement responsibility for pesticide use violations. The Administrator shall make such determinations with respect to State plans under section 136i of this title in effect on September 30, 1978, not later than six months after that date.

(c) Administrator

The Administrator shall have primary enforcement responsibility for those States that do not have primary enforcement responsibility under this subchapter. Notwithstanding the provisions of section 136(e)(1) of this title, during any period when the Administrator has such enforcement responsibility, section 136f(b) of this title shall apply to the books and records of commercial applicators and to any applicator who holds or applies pesticides, or uses dilutions of pesticides, only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served, and section 136g(a) of this title shall apply to the establishment or other place where pesticides or devices are held for application by such persons with respect to pesticides or devices held for such application.

(June 25, 1947, ch. 125, § 26, as added Pub. L. 95–396, § 24(2), Sept. 30, 1978, 92 Stat. 836; amended Pub. L. 100–532, title VIII, § 801(o), (q)(1)(D), Oct. 25, 1988, 102 Stat. 2683; Pub. L. 102–237, title X, § 1006(a)(11), Dec. 13, 1991, 105 Stat. 1895.)

Prior Provisions

A prior section 26 of act June 25, 1947, ch. 125, was renumbered section 34 and is classified to section 136x of this title.

Amendments

1991—Subsec. (c). Pub. L. 102–237 substituted “uses” for “use”.

1988—Subsec. (a). Pub. L. 100–532, § 801(o)(1), (2), inserted heading and substituted “regulations. The Administrator” for “regulations; Provided, That the Administrator” in par. (1).

Subsec. (b). Pub. L. 100–532, § 801(o)(3), (q)(1)(D), inserted heading and substituted “136i” for “136b” in two places.

Subsec. (c). Pub. L. 100–532, § 801(o)(4), inserted heading.

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.

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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

40 CFR Part 31

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 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