93 



136b. 



136c. 



Sec. 



(c) Procedure for registration. 



(d) Classification of pesticides. 



(e) Products with same formulation and claims. 



(f) Miscellaneous. 

 Use of restricted use pesticides; certified applica- 

 tors. 



(a) Certification procedure. 



(b) State plans. 

 Experimental use permits. 



(a) Issuance. 



(b) Temporary tolerance level. 



(c) Use under permit. 



(d) Studies. 



(e) Revocation. 



(f) State issuance of permits. 

 136d. Administrative review; suspension.- 



(a) Cancellation after five years. 



(b) Cancellation and change In classification. 



(c) Suspension. 



(d) Public hearings and scientific review. 



(e) Judicial review. 



1366. Registration of establishments. 



(a) Requirement. 



(b) Registration. 



(c) Information required, 



(d) Confidential records and Information. 

 136f. Books and records. 



(a) Requirements. 



(b) Inspection. 



136g. Inspection of establishments, etc. 



(a) In general. 



(b) Warrants. 



(c) Enforcement. 



136h. Protection of trade secrets and other information, 



(a) In general. 



(b) Disclosure. 

 (c) Disputes. 



1361. Standards applicable to pesticide applicators. 



(a) In general. 



(b) Separate standards. 

 136j. Unlawful acts. 



(a) In general, 

 {b) Exemptions, 

 136k. Stop sale, use, removal, and seizure. 



(a) Stop sale. etc.. orders. 



(b) Seizure. 



(c) Disposition after condemnation. 



(d) Court costs, etc. 

 1361. Penalties. 



(a) Civil penalties. 



(b) Criminal penalties. 

 136m. Indemnities. 



(a) Requirement. 



(b) Amount of payment. 



136n. Administrative procedure; Judicial review. 



(a) District court review. 



(b) Review by court of appeals. 



(c) Jurisdiction of district courts. 



(d) Notice of Judgments. 

 136o. Imports and exports. 



(a) Pesticides and devices Intended for export. 



(b) Cancellation notices furnished to foreign 



governments. 



(c) Importation of pesticides and devices. 



(d) Cooperation in international efforts. 



(e) Regulations. 



136p. Exemption of Federal agencies. 

 136q. Disposal and transportation. 



(a) Procedures. 



(b) Advice to Secretary of Transportation. 

 136r. Research and monitoring. 



(a) Research. 



(b) National monitoring plan. 



(c) Monitoring. 



136s. Solicitation of comments; notice of public hearings. 

 136t. Delegation and cooperation. 



(a) Delegation. 



(b) Cooperation. 



136u. State cooperation, aid, and training. 



(a) Cooperative agreements. 



(b) Contracts for training. 

 136v. Authority of States. 



136w. Authority of Administrator. 



(a) Regulations. 



(b) Exemption of pesticides. 



(c) Other authority. 

 136x. Severability. 



136y. Authorization for appropriations. 



§ 136. Definitions. 



For purposes of this subchapter — 



(a) Active ingredient. 



The term "active ingredient" means — 



(1) in the case of a pesticide other than a plant 

 regulator, defoliant, or desiccant, an ingredient 

 which will prevent, destroy, repel, or mitigate any 

 pest; 



(2) in the case of a plant regulator, an ingredi- 

 ent which, through physiological action, will 

 accelerate or retard the rate of growth or rate of 

 maturation or otherwise alter the behavior of 

 ornamental or crop plants or the product thereof; 



(3) in the case of a defoliant, an ingredient 

 which will cause the leaves or foliage to drop from 

 a plant: and 



(4) in the case of a desiccant. an ingredient 

 which will artificially accelerate the drying of plant 

 tissue. 



(b) .Vdministrator. 



The term "Administrator" means the Administra- 

 tor of the Environmental Protection Agency. 



(c) .Adulterated. 



The term "adulterated" applies to any pesticide if: 



(1) its strength or purity falls below the pro- 

 fessed standard of quality as expressed on its label- 

 ing under which it is sold: 



(2) any substance has been substituted wholly 

 or in part for the pesticide: or 



( 3 ) any valuable constituent of the pesticide has 

 been wholly or in part abstracted. 



(d) Animal. 



The term "animal" means all vertebrate and in- 

 vertebrate species, including but not limited to man 

 and other mammals, birds, fish, and shellfish. 



((•) Certified applicator, etc. 



(1) Certified applicator. 



The term "certified applicator" means any indi- 

 vidual who is certified under section 136b of this 

 title as authorized to use or supervise the use of 

 any pesticide which is classified for restricted use. 



(2) Private applicator. 



The term "private applicator" means a certi- 

 fied applicator who uses or supervises the use of 

 any pesticide which is classified for restricted use 

 for purposes of producing any agricultural com- 

 modity on property owned or rented by him or his 

 employer or (if applied without compensation 

 other than trading of personal services between 

 producers of agricultural commodities) on the 

 property of another person. 



(3) Commercial applicator. 



The term "commercial applicator" means a 

 certified applicator (whether or not he is a private 

 applicator with respect to some uses) who uses 



