7 U.S.C. § 136w–1 | State primary enforcement responsibility

(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

section 136u of this title section 136i of this title section 136i of this titleSeptember 30, 1978Notwithstanding the provisions of subsection (a) of this section, any State that enters into a cooperative agreement with the Administrator under 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 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 in effect on , not later than six months after that date.

(c)

Administrator

section 136(e)(1) of this title section 136f(b) of this title section 136g(a) of this titleThe Administrator shall have primary enforcement responsibility for those States that do not have primary enforcement responsibility under this subchapter. Notwithstanding the provisions of , during any period when the Administrator has such enforcement responsibility, 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 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 Pub. L. 95–396, § 24(2)Sept. 30, 197892 Stat. 836 Pub. L. 100–532, title VIII, § 801oOct. 25, 1988102 Stat. 2683 Pub. L. 102–237, title X, § 1006(a)(11)Dec. 13, 1991105 Stat. 1895(, as added , , ; amended (), (q)(1)(D), , ; , , .)

Editorial Notes

Prior Provisions

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

Amendments

Pub. L. 102–2371991—Subsec. (c). substituted “uses” for “use”.

Pub. L. 100–532, § 801oProvided1988—Subsec. (a). ()(1), (2), inserted heading and substituted “regulations. The Administrator” for “regulations; , That the Administrator” in par. (1).

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

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

Statutory Notes and Related Subsidiaries

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 .