Notes on 7 U.S.C. § 136 : US Code - Notes
Search Notes on 7 U.S.C. § 136 : US Code - Notes
(June 25, 1947, ch. 125, Sec. 2, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 975; amended Pub. L. 93-205, Sec. 13(f),
Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-140, Sec. 9, Nov. 28, 1975,
89 Stat. 754; Pub. L. 95-396, Sec. 1, Sept. 30, 1978, 92 Stat. 819;
Pub. L. 100-532, title I, Sec. 101, title VI, Sec. 601(a), title
VIII, Sec. 801(a), Oct. 25, 1988, 102 Stat. 2655, 2677, 2679; Pub.
L. 102-237, title X, Sec. 1006(a)(1), (2), (b)(3)(A), (B), Dec. 13,
1991, 105 Stat. 1894, 1895; Pub. L. 104-170, title I, Secs. 105(a),
120, title II, Secs. 210(a), 221, 230, title III, Sec. 304, Aug. 3,
1996, 110 Stat. 1490, 1492, 1493, 1502, 1508, 1512.)
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in subsec. (l),
is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which
is classified generally to chapter 35 (Sec. 1531 et seq.) of Title
16, Conservation. For complete classification of this Act to the
Code, see Short Title note set out under section 1531 of Title 16
and Tables.
Section 321 of title 21, referred to in subsec. (u), was
subsequently amended, and subsecs. (w) and (x) of section 321 no
longer define the terms "new animal drug" and "animal feed",
respectively. However, such terms are defined elsewhere in that
section.
Section 27(b) of Federal Pesticide Act of 1978, referred to in
subsec. (ee), is section 27(b) of Pub. L. 95-396, Sept. 30, 1978,
92 Stat. 841, which was formerly set out as a note under section
136w-4 of this title.
PRIOR PROVISIONS
A prior section 2 of act June 25, 1947, was classified to section
135 of this title prior to amendment of act June 25, 1947, by Pub.
L. 92-516.
AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-170, Sec. 105(a)(1)(A),
substituted "defoliant, desiccant, or nitrogen stabilizer" for
"defoliant, or desiccant".
Subsec. (a)(5). Pub. L. 104-170, Sec. 105(a)(1)(B)-(D), added
par. (5).
Subsec. (u). Pub. L. 104-170, Secs. 105(a)(2), 221(1), struck out
"and" before "(2)", inserted "and (3) any nitrogen stabilizer,"
after "desiccant,", and inserted at end "The term 'pesticide' does
not include liquid chemical sterilant products (including any
sterilant or subordinate disinfectant claims on such products) for
use on a critical or semi-critical device, as defined in section
321 of title 21. For purposes of the preceding sentence, the term
'critical device' includes any device which is introduced directly
into the human body, either into or in contact with the bloodstream
or normally sterile areas of the body and the term 'semi-critical
device' includes any device which contacts intact mucous membranes
but which does not ordinarily penetrate the blood barrier or
otherwise enter normally sterile areas of the body."
Subsec. (bb). Pub. L. 104-170, Sec. 304, which directed amendment
of section 2(bb) by inserting "(1)" after "means" and adding cl.
(2), without specifying the Act being amended, was executed to this
subsection, which is section 2(bb) of the Federal Insecticide,
Fungicide, and Rodenticide Act, to reflect the probable intent of
Congress.
Pub. L. 104-170, Sec. 230(a), inserted at end "The Administrator
shall consider the risks and benefits of public health pesticides
separate from the risks and benefits of other pesticides. In
weighing any regulatory action concerning a public health pesticide
under this subchapter, the Administrator shall weigh any risks of
the pesticide against the health risks such as the diseases
transmitted by the vector to be controlled by the pesticide."
Subsec. (hh). Pub. L. 104-170, Sec. 105(a)(3), added subsec.
(hh).
Subsecs. (jj), (kk). Pub. L. 104-170, Sec. 120, added subsecs.
(jj) and (kk).
Subsec. (ll). Pub. L. 104-170, Sec. 210(a), added subsec. (ll).
Subsec. (mm). Pub. L. 104-170, Sec. 221(2), added subsec. (mm).
Subsecs. (nn), (oo). Pub. L. 104-170, Sec. 230(b), added subsecs.
(nn) and (oo).
1991 - Subsec. (e)(1). Pub. L. 102-237, Sec. 1006(a)(1),
substituted "section 136i" for "section 136b" and "uses dilutions"
for "use dilutions" and made technical amendment to reference to
subsection (ee) of this section involving corresponding provision
of original act.
Subsec. (e)(2). Pub. L. 102-237, Sec. 1006(b)(3)(A), substituted
"the applicator or the applicator's" for "him or his".
Subsec. (e)(3). Pub. L. 102-237, Sec. 1006(b)(3)(B), substituted
"the applicator" for "he".
Subsec. (q)(2)(A)(i). Pub. L. 102-237, Sec. 1006(a)(2),
substituted "size or form" for "size of form".
1988 - Subsec. (c). Pub. L. 100-532, Sec. 801(a)(1), substituted
"if - " for "if:".
Subsec. (p)(2)(B). Pub. L. 100-532, Sec. 801(a)(2), substituted
"Health and Human Services" for "Health, Education, and Welfare".
Subsec. (q)(2)(A). Pub. L. 100-532, Sec. 801(a)(3), substituted
"if - " for "if:".
Subsec. (q)(2)(C)(iii). Pub. L. 100-532, Sec. 801(a)(4),
substituted ", except that" for ": Provided, That".
Subsec. (u). Pub. L. 100-532, Sec. 801(a)(5), substituted ",
except that" for ": Provided, That", struck out "(1)(a)" after
"include any article" and "or (b)" after "section 321(w) of title
21,", and substituted "Health and Human Services" for "Health,
Education, and Welfare", "or that is" for "or (2) that is", and "a
new animal drug" for "an article covered by clause (1) of this
proviso".
Subsec. (ee). Pub. L. 100-532, Secs. 601(a)(1), 801(a)(6),
substituted ", except that" for ": Provided, That", inserted
"unless the labeling specifically prohibits deviation from the
specified dosage, concentration, or frequency" and "unless the
labeling specifically states that the product may be applied only
by the methods specified on the labeling", substituted "labeling,
(4) mixing" for "labeling, or (4) mixing", ", (5)" for ": Provided
further, That the term also shall not include", "or (6) any use"
for "or any use", and ". After" for ": And provided further, That
after".
Subsec. (ff). Pub. L. 100-532, Sec. 101, added subsec. (ff).
Subsec. (gg). Pub. L. 100-532, Sec. 601(a)(2), added subsec.
(gg).
1978 - Subsec. (e)(1). Pub. L. 95-396, Sec. 1(1), inserted
provision deeming an applicator not a seller or distributor of
pesticides when providing a service of controlling pests.
Subsec. (e)(3). Pub. L. 95-396, Sec. 1(2), substituted "an
applicator" for "a certified applicator".
Subsec. (q)(1)(H). Pub. L. 95-396, Sec. 1(3), added subpar. (H).
Subsec. (w). Pub. L. 95-396, Sec. 1(4), (5), amended definition
of "producer" and "produce" to include reference to active
ingredient used in producing a pesticide and inserted provision
that an individual did not become a producer when there was
dilution of a pesticide for personal use according to directions on
registered labels.
Subsec. (dd). Pub. L. 95-396, Sec. 1(6), inserted "or active
ingredient used in producing a pesticide".
Subsec. (ee). Pub. L. 95-396, Sec. 1(7), added subsec. (ee).
1975 - Subsec. (u). Pub. L. 94-140 inserted proviso which
excluded from term "pesticide" any article designated as "new
animal drug" and any article denominated as animal feed.
1973 - Subsec. (l). Pub. L. 93-205 substituted "or threatened by
the Secretary pursuant to the Endangered Species Act of 1973" for
"by the Secretary of the Interior under Public Law 91-135".
EFFECTIVE DATE OF 1988 AMENDMENT
Section 901 of Pub. L. 100-532 provided that: "Except as
otherwise provided in this Act, the amendments made by this Act
[see Short Title of 1988 Amendment note below] shall take effect on
the expiration of 60 days after the date of enactment of this Act
[Oct. 25, 1988]."
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section
16 of Pub. L. 93-205, set out as an Effective Date note under
section 1531 of Title 16, Conservation.
EFFECTIVE DATE
Section 4 of Pub. L. 92-516, as amended by Pub. L. 94-140, Sec.
4, Nov. 28, 1975, 89 Stat. 752; Pub. L. 95-396, Sec. 28, Sept. 30,
1978, 92 Stat. 842, provided that:
"(a) Except as otherwise provided in the Federal Insecticide,
Fungicide, and Rodenticide Act [this subchapter], as amended by
this Act and as otherwise provided by this section, the amendments
made by this Act [see Short Title note set out below] shall take
effect at the close of the date of the enactment of this Act [Oct.
21, 1972], provided if regulations are necessary for the
implementation of any provision that becomes effective on the date
of enactment, such regulations shall be promulgated and shall
become effective within 90 days from the date of enactment of this
Act.
"(b) The provisions of the Federal Insecticide, Fungicide, and
Rodenticide Act [this subchapter] and the regulations thereunder as
such existed prior to the enactment of this Act shall remain in
effect until superseded by the amendments made by this Act and
regulations thereunder.
"(c)(1) Two years after the enactment of this Act the
Administrator shall have promulgated regulations providing for the
registration and classification of pesticides under the provisions
of this Act and thereafter shall register all new applications
under such provisions.
"(2) Any requirements that a pesticide be registered for use only
by a certified applicator shall not be effective until five years
from the date of enactment of this Act.
"(3) A period of five years from date of enactment shall be
provided for certification of applicators.
"(A) One year after the enactment of this Act the Administrator
shall have prescribed the standards for the certification of
applicators.
"(B) Each State desiring to certify applicators shall submit a
State plan to the Administrator for the purpose provided by
section 4(b).
"(C) As promptly as possible but in no event more than one year
after submission of a State plan, the Administrator shall approve
the State plan or disapprove it and indicate the reasons for
disapproval. Consideration of plans resubmitted by States shall
be expedited.
"(4) One year after the enactment of this Act the Administrator
shall have promulgated and shall make effective regulations
relating to the registration of establishments, permits for
experimental use, and the keeping of books and records under the
provisions of this Act.
"(d) No person shall be subject to any criminal or civil penalty
imposed by the Federal Insecticide, Fungicide, and Rodenticide Act,
as amended by this Act, for any act (or failure to act) occurring
before the expiration of 60 days after the Administrator has
published effective regulations in the Federal Register and taken
such other action as may be necessary to permit compliance with the
provisions under which the penalty is to be imposed.
"(e) For purposes of determining any criminal or civil penalty or
liability to any third person in respect of any act or omission
occurring before the expiration of the periods referred to in this
section, the Federal Insecticide, Fungicide, and Rodenticide Act
shall be treated as continuing in effect as if this Act had not
been enacted."
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-199, div. G, title V, Sec. 501(a), Jan. 23, 2004, 118
Stat. 419, provided that: "This section [enacting section 136w-8 of
this title, amending sections 136a, 136a-1, 136x, and 136y of this
title, and enacting provisions set out as notes under section 136a
of this title and section 346a of Title 21, Food and Drugs] may be
cited as the 'Pesticide Registration Improvement Act of 2003'."
SHORT TITLE OF 1996 AMENDMENT
Section 1 of Pub. L. 104-170 provided that: "This Act [enacting
sections 136i-2, 136r-1, and 136w-5 to 136w-7 of this title,
amending this section, sections 136a, 136a-1, 136d, 136q, 136s,
136w, 136w-3, 136x, and 136y of this title, and sections 321, 331,
333, 342, and 346a of Title 21, Food and Drugs, and enacting
provisions set out as notes under section 136i-2 of this title and
sections 301 and 346a of Title 21] may be cited as the 'Food
Quality Protection Act of 1996'."
[Another Food Quality Protection Act of 1996 was enacted by Pub.
L. 104-170, title IV, 110 Stat. 1513, see section 401(a) of Pub. L.
104-170, set out as a note under section 301 of Title 21, Food and
Drugs.]
SHORT TITLE OF 1988 AMENDMENT
Section 1(a) of Pub. L. 100-532 provided that: "This Act
[enacting section 136a-1 of this title, amending this section and
sections 136a to 136d, 136f to 136q, 136s, 136v to 136w-2, and 136y
of this title, and enacting provisions set out as notes under this
section and sections 136m and 136y of this title] may be cited as
the 'Federal Insecticide, Fungicide, and Rodenticide Act Amendments
of 1988'."
SHORT TITLE OF 1978 AMENDMENT
Section 29 of Pub. L. 95-396 provided that: "This Act [enacting
sections 136w-1 to 136w-4 of this title, amending this section and
sections 136a to 136f, 136h, 136j, 136l, 136o, 136q, 136r, 136u to
136w, 136x, and 136y of this title, enacting provisions set out as
notes under sections 136a, 136o, and 136w-4 of this title, and
amending provisions set out as a note under this section] may be
cited as the 'Federal Pesticide Act of 1978'."
SHORT TITLE
Section 1 of Pub. L. 92-516 provided: "That this Act [amending
this subchapter generally, enacting notes set out under this
section, and amending sections 1261 and 1471 of Title 15, Commerce
and Trade, and sections 321 and 346a of Title 21, Foods and Drugs]
may be cited as the 'Federal Environmental Pesticide Control Act of
1972'."
Section 1(a) of act June 25, 1947, as added by Pub. L. 92-516,
Sec. 2, provided that: "This Act [enacting this subchapter] may be
cited as the 'Federal Insecticide, Fungicide, and Rodenticide
Act'."
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.
FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
set out as a note under section 4321 of Title 42, The Public Health
and Welfare.
(!1) See References in Text note below.
(!2) So in original. Period probably should not appear.
(!3) So in original. Probably should be followed by ", or".
(!4) So in original. No subsec. (ii) was enacted.