99 



the State, and. if appropriate corrective action is 

 not taken within a reasonable time, not to exceed 

 ninety days, the Administrator shall withdraw ap- 

 proval of such plan. 



(c) Instruction in integrated pest management tech- 

 niques. 



Standards prescribed by the Administrator for the 

 certification of applicators of pesticides under sub- 

 section Ca> of this section, and State plans submitted 

 to the Administrator under subsections 'a) and (b) 

 of this section, shall include provisions for making 

 instructional materials concerning integrated pest 

 management techniques available to individuals at 

 their request in accordance with the provisions of 

 section 136u'c) of this title, but such plans may not 

 require that any individual receive instruction con- 

 cerning such techniques or be shown to be compet- 

 ent with respect to the use of such techniques. The 

 Administrator and States implementing such plans 

 shall provide that all interested individuals are noti- 

 fied of the availability of such instructional mate- 

 rials. (June 25, 1947, ch. 125. § 4, as added Oct. 21. 

 1972, Pub. L. 92-516. § 2, 86 Stat. 933. and amended 

 Nov. 28, 1975, Pub. L. 94-140, §§ 5, 11, 89 Stat. 753, 

 754.) 



Amendments 



1975 — Subsec. (a)(1). Pub. L. 94-140. §5. added pro- 

 viso relating to Administrator's powers and duties with 

 respect to the certification forms and requirement for 

 pesticide dealers participating In certification program. 



Subsec. (c). Pub. L. 94-140. §11. added subsec. (c). 



§ 136c. Experimental use permits. 



(a) Issuance. 



Any person may apply to the Administrator for 

 an experimental use permit for a pesticide. The Ad- 

 ministrator may issue an experimental use permit if 

 he determines that the applicant needs such permit 

 in order to accumulate information necessary to 

 register a pesticide under section 136a of this title. 

 An application for an experimental use permit may 

 be filed at the time of or before or after an applica- 

 tion for registration is filed. 



(b) Temporary tolerance level. 



If the Administrator determines that the use of a 

 pesticide may reasonably be expected to result in any 

 residue on or in food or feed, he may establish a 

 temporary tolerance level for the residue of the 

 pesticide before issuing the experimental use permit. 



(c) Use under permit. 



Use of a pesticide under an e jerlmental use per- 

 mit shall be under the supervision of the Adminis- 

 trator, and shall be subject to such terms and condi- 

 tions and be for such period of time as the Adminis- 

 trator may prescribe in the permit. 



(d) Studies. 



When any experimental use permit Is Issued for , 

 a pesticide containing any chemical or combination 

 of chemicals which has not been Included in any 

 previously registered pesticide, the Administrator 

 may specify that studies be conducted to detect 

 whether the use of the pesticide under the permit 

 may cause unreasonable adverse effects on the en- 



vironment. All results of such studies shall be re- 

 ported to the Administrator before such pesticide 

 may be registered under section 136a of this title. 



(e) Revocation. 



The Administrator may revoke any experimental 

 use permit, at any time, if he finds that its terms or 

 conditions are being violated, or that its terms and 

 conditions are inadequate to avoid unreasonable ad- 

 verse effects on the environment. 



(f) State issuance of permits. 

 Notwithstanding the foregoing provisions of this 



section, the Administrator may, under such terms 

 and conditions as he may by regulations prescribe, 

 authorize any State to issue an experimental use 

 permit for a pesticide. All provisions of section 136b 

 of this title relating to State plans shall apply with 

 equal force to a State plan for the issuance of experi- 

 mental use permits under this section. 



(g) Exemption for agricultural research agencies. 



Notwithstanding the foregoing provisions of this 

 section, the Administrator may issue an experimental 

 use permit for a pesticide to any public or private 

 agricultural research agency or educational institu- 

 tion which applies for such permit. Each permit shall 

 not exceed more than a one-year period or such other 

 specific time as the Administrator may prescribe. 

 Such permit shall be issued under such terms and 

 conditions restricting the use of the pesticide as the 

 Administrator may require: Provided, That such 

 pesticide may be used only by such research agency 

 or educational institution for purposes of experi- 

 mentation. 'June 25. 1947. ch. 125. § 5. as added 

 Oct. 21. 1972. Pub. L. 92-516, I 2, 86 Stat. 983. and 

 amended Nov. 28. 1975, Pub. L. 94-140, § 10. 89 Stat. 

 754.) 



Amendments 

 1975 — Subsec. (g). Pub. L. 94-140 added subsec. (g). 



§ 136d. Administrative review; suspension. 



(a) Cancellation after five years. 

 (1) Procedure. 



The Administrator shall cancel the registration 

 of any pesticide at the end of the flve-year period 

 which begins on the date of its registration (or at 

 the end of any five year period thereafter) unless 

 the registrant, or other interested person with the 

 concurrence of the registrant, before the end of 

 such period, requests in accordance with regula- 

 tions prescribed by the Administrator that the 

 registration be continued in effect: Provided, That 

 the Administrator may permit the continued sale 

 and use of existing stocks of a pesticide whose 

 registration is canceled under this subsection or 

 subsection (b) of this section to such extent, under 

 such conditions, and for such uses as he may 

 specify if he determines that such sale or use is 

 not inconsistent with the purposes of this sub- 

 chapter and will not have unreasonable adverse 

 effects on the environment. The Administrator 

 shall publish in the Federal Register, at least 30 

 days prior to the expiration of such flve-year 

 period, notice that the registration will be can- 

 celed if the registrant or other interested person 

 with the concurrence of the registrant does not 

 request that the registration be continued in efifect. 



