7 U.S.C. § 136q | Storage, disposal, transportation, and recall

(a)

Storage, disposal, and transportation

(1)

Data requirements and registration of pesticides

The Administrator may require under section 136a or 136d of this title that—

(A)

the registrant or applicant for registration of a pesticide submit or cite data or information regarding methods for the safe storage and disposal of excess quantities of the pesticide to support the registration or continued registration of a pesticide;

(B)

the labeling of a pesticide contain requirements and procedures for the transportation, storage, and disposal of the pesticide, any container of the pesticide, any rinsate containing the pesticide, or any other material used to contain or collect excess or spilled quantities of the pesticide; and

(C)

the registrant of a pesticide provide evidence of sufficient financial and other resources to carry out a recall plan under subsection (b), and provide for the disposition of the pesticide, in the event of suspension and cancellation of the pesticide.

(2)

Pesticides

section 136d of this titleThe Administrator may by regulation, or as part of an order issued under or an amendment to such an order—

(A)

issue requirements and procedures to be followed by any person who stores or transports a pesticide the registration of which has been suspended or canceled;

(B)

issue requirements and procedures to be followed by any person who disposes of stocks of a pesticide the registration of which has been suspended; and

(C)

issue requirements and procedures for the disposal of any pesticide the registration of which has been canceled.

(3)

Containers, rinsates, and other materials

section 136d of this titleThe Administrator may by regulation, or as part of an order issued under or an amendment to such an order—

(A)

issue requirements and procedures to be followed by any person who stores or transports any container of a pesticide the registration of which has been suspended or canceled, any rinsate containing the pesticide, or any other material used to contain or collect excess or spilled quantities of the pesticide;

(B)

issue requirements and procedures to be followed by any person who disposes of stocks of any container of a pesticide the registration of which has been suspended, any rinsate containing the pesticide, or any other material used to contain or collect excess or spilled quantities of the pesticide; and

(C)

issue requirements and procedures for the disposal of any container of a pesticide the registration of which has been canceled, any rinsate containing the pesticide, or any other material used to contain or collect excess or spilled quantities of the pesticide.

(4)

Container recycling

section 136 of this titleThe Secretary may promulgate a regulation for the return and recycling of disposable pesticide containers used for the distribution or sale of registered pesticide products in interstate commerce. Any such regulation requiring recycling of disposable pesticide containers shall not apply to antimicrobial pesticides (as defined in ) or other pesticide products intended for non-agricultural uses.

(b)

Recalls

(1)

In general

section 136d of this titleIf the registration of a pesticide has been suspended and canceled under , and if the Administrator finds that recall of the pesticide is necessary to protect health or the environment, the Administrator shall order a recall of the pesticide in accordance with this subsection.

(2)

Voluntary recall

If, after determining under paragraph (1) that a recall is necessary, the Administrator finds that voluntary recall by the registrant and others in the chain of distribution may be as safe and effective as a mandatory recall, the Administrator shall request the registrant of the pesticide to submit, within 60 days of the request, a plan for the voluntary recall of the pesticide. If such a plan is requested and submitted, the Administrator shall approve the plan and order the registrant to conduct the recall in accordance with the plan unless the Administrator determines, after an informal hearing, that the plan is inadequate to protect health or the environment.

(3)

Mandatory recall

If, after determining under paragraph (1) that a recall is necessary, the Administrator does not request the submission of a plan under paragraph (2) or finds such a plan to be inadequate, the Administrator shall issue a regulation that prescribes a plan for the recall of the pesticide. A regulation issued under this paragraph may apply to any person who is or was a registrant, distributor, or seller of the pesticide, or any successor in interest to such a person.

(4)

Recall procedure

A regulation issued under this subsection may require any person that is subject to the regulation to—

(A)

arrange to make available one or more storage facilities to receive and store the pesticide to which the recall program applies, and inform the Administrator of the location of each such facility;

(B)

accept and store at such a facility those existing stocks of such pesticide that are tendered by any other person who obtained the pesticide directly or indirectly from the person that is subject to such regulation;

(C)

on the request of a person making such a tender, provide for proper transportation of the pesticide to a storage facility; and

(D)

take such reasonable steps as the regulation may prescribe to inform persons who may be holders of the pesticide of the terms of the recall regulation and how those persons may tender the pesticide and arrange for transportation of the pesticide to a storage facility.

(5)

Contents of recall plan

A recall plan established under this subsection shall include—

(A)

the level in the distribution chain to which the recall is to extend, and a schedule for recall; and

(B)

the means to be used to verify the effectiveness of the recall.

(6)

Requirements or procedures

No requirement or procedure imposed in accordance with paragraph (2) of subsection (a) may require the recall of existing stocks of the pesticide except as provided by this subsection.

(c)

Storage costs

(1)

Submission of plan

A registrant who wishes to become eligible for reimbursement of storage costs incurred as a result of a recall prescribed under subsection (b) for a pesticide whose registration has been suspended and canceled shall, as soon as practicable after the suspension of the registration of the pesticide, submit to the Administrator a plan for the storage and disposal of the pesticide that meets criteria established by the Administrator by regulation.

(2)

Reimbursement

Within a reasonable period of time after such storage costs are incurred and paid by the registrant, the Administrator shall reimburse the registrant, on request, for—

(A)

none of the costs incurred by the registrant before the date of submission of the plan referred to in paragraph (1) to the Administrator;

(B)

100 percent of the costs incurred by the registrant after the date of submission of the plan to the Administrator or the date of cancellation of the registration of the pesticide, whichever is later, but before the approval of the plan by the Administrator;

(C)

50 percent of the costs incurred by the registrant during the 1-year period beginning on the date of the approval of the plan by the Administrator or the date of cancellation of the registration of the pesticide, whichever is later;

(D)

none of the costs incurred by the registrant during the 3-year period beginning on the 366th day following approval of the plan by the Administrator or the date of cancellation of the registration of the pesticide, whichever is later; and

(E)

25 percent of the costs incurred by the registrant during the period beginning on the first day of the 5th year following the date of the approval of the plan by the Administrator or the date of cancellation of the registration of the pesticide, whichever is later, and ending on the date that a disposal permit for the pesticide is issued by a State or an alternative plan for disposal of the pesticide in accordance with applicable law has been developed.

(d)

Administration of storage, disposal, transportation, and recall programs

(1)

Voluntary agreements

Nothing in this section shall be construed as preventing or making unlawful any agreement between a seller and a buyer of any pesticide or other substance regarding the ultimate allocation of the costs of storage, transportation, or disposal of a pesticide.

(2)

Rule and regulation review

Section 136w(a)(4) of this title shall not apply to any regulation issued under subsection (a)(2) or (b).

(3)

Limitations

No registrant shall be responsible under this section for a pesticide the registration of which is held by another person. No distributor or seller shall be responsible under this section for a pesticide that the distributor or seller did not hold or sell.

(4)

Seizure and penalties

lsection 136n(c) of this titleIf the Administrator finds that a person who is subject to a regulation or order under subsection (a)(2) or (b) has failed substantially to comply with that regulation or order, the Administrator may take action under section 136k or 136 of this title or obtain injunctive relief under against such person or any successor in interest of any such person.

(e)

Container design

(1)

Procedures

(A)

Not later than 3 years after the effective date of this subsection, the Administrator shall, in consultation with the heads of other interested Federal agencies, promulgate regulations for the design of pesticide containers that will promote the safe storage and disposal of pesticides.

(B)

The regulations shall ensure, to the fullest extent practicable, that the containers—

(i)

accommodate procedures used for the removal of pesticides from the containers and the rinsing of the containers;

(ii)

facilitate the safe use of the containers, including elimination of splash and leakage of pesticides from the containers;

(iii)

facilitate the safe disposal of the containers; and

(iv)

facilitate the safe refill and reuse of the containers.

(2)

Compliance

The Administrator shall require compliance with the regulations referred to in paragraph (1) not later than 5 years after the effective date of this subsection.

(f)

Pesticide residue removal

(1)

Procedures

(A)

Not later than 3 years after the effective date of this subsection, the Administrator shall, in consultation with the heads of other interested Federal agencies, promulgate regulations prescribing procedures and standards for the removal of pesticides from containers prior to disposal.

(B)

The regulations may—

(i)

specify, for each major type of pesticide container, procedures and standards providing for, at a minimum, triple rinsing or the equivalent degree of pesticide removal;

(ii)

specify procedures that can be implemented promptly and easily in various circumstances and conditions;

(iii)

provide for reuse, whenever practicable, or disposal of rinse water and residue; and

(iv)

42 U.S.C. 6901 be coordinated with requirements for the rinsing of containers imposed under the Solid Waste Disposal Act ( et seq.).

(C)

The Administrator may, at the discretion of the Administrator, exempt products intended solely for household use from the requirements of this subsection.

(2)

Compliance

section 136w–1 of this title section 136i of this titleEffective beginning 5 years after the effective date of this subsection, a State may not exercise primary enforcement responsibility under , or certify an applicator under , unless the Administrator determines that the State is carrying out an adequate program to ensure compliance with this subsection.

(3)

Solid Waste Disposal Act

42 U.S.C. 6901Nothing in this subsection shall affect the authorities or requirements concerning pesticide containers under the Solid Waste Disposal Act ().

(g)

Pesticide container study

(1)

Study

(A)

The Administrator shall conduct a study of options to encourage or require—

(i)

the return, refill, and reuse of pesticide containers;

(ii)

the development and use of pesticide formulations that facilitate the removal of pesticide residues from containers; and

(iii)

the use of bulk storage facilities to reduce the number of pesticide containers requiring disposal.

(B)

In conducting the study, the Administrator shall—

(i)

consult with the heads of other interested Federal agencies, State agencies, industry groups, and environmental organizations; and

(ii)

assess the feasibility, costs, and environmental benefits of encouraging or requiring various measures or actions.

(2)

Report

Not later than 2 years after the effective date of this subsection, the Administrator shall submit to Congress a report describing the results of the study required under paragraph (1).

(h)

Relationship to Solid Waste Disposal Act

(1)

In general

42 U.S.C. 6901Nothing in this section shall diminish the authorities or requirements of the Solid Waste Disposal Act ( et seq.).

(2)

Antimicrobial products

42 U.S.C. 6901A household, industrial, or institutional antimicrobial product that is not subject to regulation under the Solid Waste Disposal Act ( et seq.) shall not be subject to the provisions of subsections (a), (e), and (f), unless the Administrator determines that such product must be subject to such provisions to prevent an unreasonable adverse effect on the environment.

June 25, 1947, ch. 125, § 19 Pub. L. 92–516, § 2Oct. 21, 197286 Stat. 995 Pub. L. 95–396, § 19Sept. 30, 197892 Stat. 833 Pub. L. 100–532, title IVOct. 25, 1988102 Stat. 2669 Pub. L. 104–170, title II, § 225Aug. 3, 1996110 Stat. 1507 Pub. L. 110–234, title XIV, § 14209(b)May 22, 2008122 Stat. 1463 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664(, as added , , ; amended , , ; , §§ 401–403, title VIII, § 801(q)(1)(D), , , 2672, 2683; , , ; , , ; , title XIV, § 14209(b), , , 2225.)

Editorial Notes

References in Text

Oct. 25, 1988Pub. L. 100–532The effective date of this subsection, referred to in subsecs. (e), (f)(1)(A), (2), and (g)(2), is 60 days after , the effective date of . See Effective Date of 1988 Amendment note below.

Pub. L. 89–272Oct. 20, 196579 Stat. 997 Pub. L. 94–580, § 2Oct. 21, 197690 Stat. 2795 section 6901 of Title 42The Solid Waste Disposal Act, referred to in subsecs. (f)(1)(B)(iv), (3) and (h), is title II of , , , as amended generally by , , , which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Amendments

Pub. L. 110–246, § 14209(b)2008—Subsec. (a)(4). , added par. (4).

Pub. L. 104–1701996—Subsec. (h). designated existing provisions as par. (1), inserted heading, and added par. (2).

Pub. L. 100–532, § 4011988—, amended section generally, in subsec. (a) substituting provisions which related to storage, disposal, and transportation, for provisions which directed Secretary to establish procedures for disposal or storage, in subsec. (b) substituting provisions which related to recalls, for provisions which directed Administrator to provide advice to Secretary of Transportation, in subsec. (c) substituting provisions which related to storage costs, for provisions which related to disposal of unused quantities, and adding subsec. (d).

Pub. L. 100–532, § 402Subsec. (a)(3). , added par. (3).

Pub. L. 100–532, § 403Subsecs. (e), (f). , added subsecs. (e) and (f).

Pub. L. 100–532, § 801(q)(1)(D)Subsec. (f)(2). , substituted “136i” for “136b”.

Pub. L. 100–532, § 403Subsecs. (g), (h). , added subsecs. (g) and (h).

Pub. L. 95–3961978—Subsec. (c). added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under .

Effective Date of 1988 Amendment

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

Effective Date

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