Pesticides and devices intended for export
Cancellation notices furnished to foreign governments
section 136a of this titleWhenever a registration, or a cancellation or suspension of the registration of a pesticide becomes effective, or ceases to be effective, the Administrator shall transmit through the State Department notification thereof to the governments of other countries and to appropriate international agencies. Such notification shall, upon request, include all information related to the cancellation or suspension of the registration of the pesticide and information concerning other pesticides that are registered under and that could be used in lieu of such pesticide.
Importation of pesticides and devices
In general
The Secretary of the Treasury shall notify the Administrator of the arrival of pesticides and devices and shall deliver to the Administrator, upon the Administrator’s request, samples of pesticides or devices which are being imported into the United States, giving notice to the owner or consignee, who may appear before the Administrator and have the right to introduce testimony. If it appears from the examination of a sample that it is adulterated, or misbranded or otherwise violates the provisions set forth in this subchapter, or is otherwise injurious to health or the environment, the pesticide or device may be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any pesticide or device refused delivery which shall not be exported by the consignee within 90 days from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe. The Secretary of the Treasury may deliver to the consignee such pesticide or device pending examination and decision in the matter on execution of bond for the amount of the full invoice value of such pesticide or device, together with the duty thereon, and on refusal to return such pesticide or device for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of said bond. All charges for storage, cartage, and labor on pesticides or devices which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee.
Importation of seed
Cooperation
In general
In response to a request from the Administrator, the Secretary of Agriculture shall provide to the Administrator a list of seed containing plant-incorporated protectants (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)) if the importation of that seed into the United States has been approved under a permit or notification referred to in paragraph (2).
Contents
The list under subparagraph (A) shall be provided in a form and at such intervals as may be agreed to by the Secretary and the Administrator.
Applicability
Cooperation in international efforts
In general
The Administrator shall, in cooperation with the Department of State and any other appropriate Federal agency, participate and cooperate in any international efforts to develop improved pesticide research and regulations.
Department of State expenses
Any expenses incurred by an employee of the Environmental Protection Agency who participates in any international technical, economic, or policy review board, committee, or other official body that is meeting in relation to an international treaty shall be paid by the Department of State.
Regulations
The Secretary of the Treasury, in consultation with the Administrator, shall prescribe regulations for the enforcement of subsection (c) of this section.
June 25, 1947, ch. 125, § 17Pub. L. 92–516, § 286 Stat. 995Pub. L. 95–396, § 18(a)92 Stat. 833Pub. L. 100–532, title VIII, § 801(j)102 Stat. 2682Pub. L. 102–237, title X, § 1006(a)(9)105 Stat. 1895Pub. L. 110–234, title XIV, § 14209(a)122 Stat. 1463Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 113–79, title X, § 10008128 Stat. 948(, as added , , ; amended , , ; , , ; , (b)(2), , ; , , ; , title XIV, § 14209(a), , , 2225; , , .)
Editorial Notes
References in Text
Pub. L. 106–224114 Stat. 438section 7701 of this titleThe Plant Protection Act, referred to in subsec. (c)(4)(A), is title IV of , , , which is classified principally to chapter 104 (§ 7701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act Aug. 9, 1939, ch. 61553 Stat. 1275section 1551 of this titleThe Federal Seed Act, referred to in subsec. (c)(4)(B), is , , which is classified generally to chapter 37 (§ 1551 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
Amendments
Pub. L. 113–792014—Subsec. (c). designated existing provisions as par. (1), inserted heading, and added pars. (2) to (4).
Pub. L. 110–246, § 14209(a)2008—Subsec. (d). , designated existing provisions as par. (1), inserted heading, and added par. (2).
Pub. L. 102–237, § 1006(a)(9)1991—Subsec. (a). , removed last sentence from par. (2) and placed it as a full measure sentence under par. (2).
Pub. L. 102–237, § 1006(b)(2)Subsec. (c). , substituted “the Administrator’s” for “his”.
Pub. L. 100–532ProvidedAnd provided further1988—Subsec. (c). substituted “prescribe. The Secretary” for “prescribe: , That the Secretary” and “bond. All” for “bond: , That all”.
Pub. L. 95–396, § 18(a)(1)1978—Subsec. (a). , amended subsec. (a) generally.
Pub. L. 95–396, § 18(a)(2)Subsec. (b). , inserted sentence at end relating to information to be included in notification.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 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. 100–532section 901 of Pub. L. 100–532section 136 of this titleAmendment by effective on expiration of 60 days after , see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–396, § 18(b)92 Stat. 833
Effective Date
section 4 of Pub. L. 92–516section 136 of this titleFor effective date of section, see , set out as a note under .