98 



son adversely affected Hied within 60 days of 

 the publication of the regulation in final form. 



(2) Change in classification. 



If the Administrator determines that a change 

 in the classification of any use of a pesticide from 

 general use to restricted use is necessary to pre- 

 vent unreasonable adverse effects on the environ- 

 ment, he shall notify the registrant of such 

 pesticide of such determination at least 30 days 

 before making the change and shall publish the 

 proposed change in the Federal Register. The 

 registrant, or other interested person with the 

 concurrence of the registrant, may seek relief from 

 such determination under section 136d(b) of this 

 title. 



(e) Products with same formulation and claims. 

 Products which have the same formulation, are 



manufactured by the same person, the labeling of 

 which contains the same claims, and the labels of 

 which bear a designation identifying the product as 

 the same pesticide may be registered as a single 

 pesticide; and additional names and labels shall be 

 added to the registration by supplemental state- 

 ments. 



(f) Miscellaneous. 



(1) Effect of change of labeling or formulation. 



If the labeling or formulation for a pesticide is 

 changed, the registration shall be amended to 

 reflect such change if the Administrator deter- 

 mines that the change will not violate any pro- 

 vision of this subchapter. 



(2) Registration not a defense. 



In no event shall registration of an article be 

 construed as a defense for the commission of any 

 offense under this subchapter: Provided, That as 

 long as no cancellation proceedings are in effect 

 registration of a pesticide shall be prima facie 

 evidence that the pesticide, its labeling and pack- 

 aging comply with the registration provisions of 

 the subchapter. 



(3) Authority to consult other federal agencies. 



In connection with consideration of any regis- 

 tration or application for registration under this 

 section, the Administrator may consult with any 

 other Federal agency. 

 (June 25, 1947, ch. 125, 5 3, as added Oct. 21, 1972, 

 Pub. L. 92-516, § 2, 86 Stat. 979, and amended Nov. 

 28, 1975, Pub. L. 94-140, § 12, 89 Stat. 755.) 

 Amendments 

 1975 — Subsec. (c)(1)(D). Pub. L. 94-140 added excep- 

 tion relating to test data submitted on or after Janu- 

 ary 1, 1970, In support of application, added provision that 

 compensation for producing test data shall apply to all 

 applications submitted on or after October 21, 1972. and 

 provision relating to delay of registration pending deter- 

 mination of reasonable compensation, struck out require- 

 ment that payment determined by court not be less than 

 amount determined by Administrator, and substituted 

 ■"If either party" for ""If the owner of the test data". 



§ 136b. I'se of restricted use pesticides; certified appli- 

 cators. 



(a) Certification procedure. 

 (1) Federal certification. 



Subject to paragraph (2), the Administrator 

 shall prescribe standards for the certification of 



applicators of pesticides. Such standards shall pro- 

 vide that to be certified, an individual must be 

 determined to be competent with respect to the 

 use and handling of pesticides, or to the use and 

 handling of the pesticide or class of pesticides 

 covered by such individual's certification: Pro- 

 vided, however. That the certification standard for 

 a private applicator shall, under a State plan sub- 

 mitted for approval, be deemed fulfilled by his 

 completing a certification form. The Administrator 

 shall further assure that such form contains ade- 

 quate information and affirmations to carry out 

 the intent of this subchapter, and may include in 

 the form an affirmation that the private appli- 

 cator has completed a training program approved 

 by the Administrator so long as the program does 

 not require the private applicator to take, pursu- 

 ant to a requiremsnt prescribed by the Adminis- 

 trator, any examination to establish competency 

 in the use of the pesticide. The Administrator may 

 require any pesticide dealer participating in a 

 certification program to be licensed under a State 

 licensing program approved by him. 



(2) State certification. 



If any State, at any time, desires to certify ap- 

 plicators of pesticides, the Governor of such State 

 shall submit a State plan for such purpose. The 

 Administrator shall approve the plan submitted by 

 any State, or any modification thereof, if such 

 plan in his judgment — • 



(A) designates a State agency as the agency 

 responsible for administering the plan through- 

 out the State; 



(B) contains satisfactory assurances that such 

 agency has or will have the legal authority and 

 qualified personnel necessary to carry out the 

 plan; 



(C) gives satisfactory assurances that the 

 State will devote adequate funds to the admin- 

 istration of the plan; 



(D) provides that the State agency will make 

 such reports to the Administrator in such form 

 and containing such information as the Admin- 

 istrator may from time to time require; and 



(E) contains satisfactory assurances that 

 State standards for the certification of applica- 

 tors of pesticides conform with those standards 

 prescribed by the Administrator under para- 

 graph ( 1) . 



Any State certification program under this section 

 shall be maintained in accordance with the State 

 plan approved under this section. 



(b) State plans. 



If the Administrator rejects a plan submitted 

 under this paragraph, he shall afford the State sub- 

 mitting the plan due notice and opportunity for 

 hearing before so doing. If the Administrator ap- 

 proves a plan submitted under this paragraph, then 

 such State shall certify applicators of pesticides with 

 respect to such State. Whenever the Administrator 

 determines that a State is not administering the 

 certification program in accordance with the plan 

 approved under this section, he shall so notify the 

 State and provide for a hearing at the request of 



