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CITE

    7 USC Sec. 136w-1                                           01/05/2009

EXPCITE

    TITLE 7 - AGRICULTURE
    CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
    SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

HEAD

    Sec. 136w-1. State primary enforcement responsibility

STATUTE

    (a) In general
      For 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.

SOURCE

    (June 25, 1947, ch. 125, Sec. 26, as added Pub. L. 95-396, Sec.
    24(2), Sept. 30, 1978, 92 Stat. 836; amended Pub. L. 100-532, title
    VIII, Sec. 801(o), (q)(1)(D), Oct. 25, 1988, 102 Stat. 2683; Pub.
    L. 102-237, title X, Sec. 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, Sec. 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, Sec. 801(o)(3), (q)(1)(D), inserted
    heading and substituted "136i" for "136b" in two places.
      Subsec. (c). Pub. L. 100-532, Sec. 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.