96 



(y) Registrant. 



The term "registrant" means a person who has 

 registered any pesticide pursuant to the provisions 

 of this subchapter. 



(z) Registration. 

 The term "registration" includes rereglstratlon. 



(aa) State. 



The term "State" means a State, the District of 

 Columbia, the Commonwealth of Puerto Rico, the 

 Virgin Islands, Guam, the Trust Territory of the 

 Pacific Islands, and American Samoa. 



(bb) Unreasonable adverse effects on the environment. 



The term "unreasonable adverse effects on the 

 envirormient" means any unreasonable risk to man 

 or the environment, taking into account the eco- 

 nomic, social, and environmental costs and benefits 

 of the use of any pesticide. 



(cc) Weed. 



The term "weed" means any plant which grows 

 where not wanted. 



(dd) Establishment. 



The term "establishment" means any place where 

 a pesticide or device is produced, or held, for distri- 

 bution or sale. (June 25, 1947, ch. 125, § 2, as added 

 Oct. 21, 1972, Pub. L. 92-516, § 2, 86 Stat. 976, and 

 amended Dec. 28, 1973, Pub. L. 93-205, § 13(f), 87 

 Stat. 903; Nov. 28. 1975, Pub. L. 94-140, § 9, 89 Stat. 



754.) 



Amendments 



1975 — subsec. (u) . Pub. L. 94-140 added proviso which 

 excluded from the term "pesticide" any article designated 

 as "new animal drug" and any article denominated as 

 animal feed. 



1973 — Subsec. (I). Pub. L. 93-205 substituted "or 

 threatened by the Secretary pursuant to the Endangered 

 Species Act of 1973" for "by the Secretary of the Interior 

 under Public Law 91-135". 



Prevention, Control, and Abatement of Environmental 

 Pollution at Federal Facilities 

 Ex. Ord. No. 11752. Dec. 17, 1973, 38 F.R. 34793, set out 

 as a note under section 4331 of Title 42, The Public 

 Health and Welfare, provides for the prevention, control. 

 and abatement of environmental pollution at federal 

 facilities. 



§ 136a. Registration of pesticides. 



(a) Requirement. 



Except as otherwise provided by this subch£.pter, 

 no person in any State may distribute, sell, offer 

 for sale, hold for sale, ship, deliver for shipment, or 

 receive and (having so received) deliver or offer to 

 deliver, to any person any pesticide which is not 

 registered with the Administrator. 



(b) Exemptions. 



A pesticide which is not registered with the Ad- 

 ministrator may be transferred if — 



(1 ) the transfer is from one registered establish- 

 ment to another registered establishment operated 

 by the same producer solely for packaging at the 

 second establishment or for use as a constituent 

 part of another pesticide produced at the second 

 establishment; or 



(2) the transfer is pursuant to and in accord- 

 ance with the requirements of an experimental 

 use permit. 



(c) Procedure for registration. 

 (I) Statement required. 



Each applicant for registration of a pesticide 

 shall file with the Administrator a statement 

 which includes — 



(A) the name and address of the applicant 

 and of any other person whose name will appear 

 on the labeling; 



(B) the name of the pesticide; 



(C) a complete copy of the labeling of the 

 pesticide, a statement of all claims to be made 

 for it, and any directions for its use; 



(D) if requested by the Administrator, a full 

 description of the tests made and the results 

 thereof upon which the claims are based, except 

 that data submitted on or after January 1, 1970, 

 in support of an application shall not. without 

 permission of the applicant, be considered by the 

 Administrator in support of any other applica- 

 tion for registration unless such other applicant 

 shall have first offered to pay reasonable com- 

 pensation for producing the test data to be relied 

 upon and such data is not protected from dis- 

 closure by section 136h(b) of this title. This 

 provision with regard to compensation for pro- 

 ducing the test data to be relied upon shall apply 

 with respect to all applications for registration 

 or reregistration submitted on or after Octo- 

 ber 21, 1972. If the parties cannot agree on the 

 amount and method of payment, the Admin- 

 istrator shall make such determination and 

 may fix such other terms and conditions as may 

 be reasonable under the circumstances. The Ad- 

 ministrator's determination shall be made on the 

 record after notice and opportunity for hearing. 

 If either party does not agree with said deter- 

 mination, he may, within thirty days, take an 

 appeal to the Federal district court for the dis- 

 trict in which he resides with respect to either 

 the amount of the payment or the terms of pay- 

 ment, or both. Registration shall not be delayed 

 pending the determination of reasonable com- 

 pensation between the applicants, by the Ad- 

 ministrator or by the court. 



(E) the complete formula of the pesticide; 

 and 



(P) a request that the pesticide be classified 

 for general use, for restricted use, or for both. 



(2) Data in support of registration. 



The Administrator shall publish guidelines spec- 

 ifying the kinds of information which will be 

 required to support the registration of a pesticide 

 and shall revise such guidelines from time to time. 

 If thereafter he requires any additional kind of 

 information he shall permit sufficient time for 

 applicants to obtain such additional information. 

 Except as provided by subsection (c)(1)(D) of 

 this section and section 136h of this title, within 

 30 days after the Administrator registers a pesti- 

 cide under this subchapter he shall make avail- 

 able to the public the data called for in the regis- 

 tration statement together with such other 

 scientific information as he deems relevant to his 

 decision. 



