100 



(2) Information. 



If at any time after the registration of a pesti- 

 cide the registrant has additional factual infor- 

 mation regarding unreasonable adverse effects on 

 the environment of the pesticide, he shall submit 

 such information to the Administrator. 



(b) Cancellation and charge in classification. 



If It appears to the Administrator that a pesticide 

 or its labeling or other material required to be sub- 

 mitted does not comply with the provisions of this 

 subchapter or, when used in accordance with wide- 

 spread and commonly recognized practice, generally 

 causes unreasonable adverse effects on the environ- 

 ment, the Administrator may issue a notice of his 

 intent either — 



'1) to cancel its registration or to change its 

 classification together with the reasons (including 

 the factual basis) for his action, or 



(2) to hold a hearing to determine whether or 

 not its registration should be canceled or its clas- 

 sification changed. 



Such notice shall be sent to the registrant and made 

 public. In determining whether to issue any such 

 notice, the Administrator shall include among those 

 factors to be taken into account the impact of the 

 action proposed in such notice on production and 

 prices of agricultural commodities, retail food prices, 

 and otherwise on the agricultural economy. At least 

 60 days prior to sending such notice to the registrant 

 or making public such notice, whichever occurs first, 

 the Administrator shall provide the Secretary of 

 Agriculture with a copy of such notice and an anal- 

 ysis of such impact on the agricultural economy. If 

 the Secretary comments in writing to the Adminis- 

 trator regarding the notice and analysis within 30 

 days after receiving them, the Administrator shall 

 publish in the Federal Register (with the notice) the 

 comments of the Secretary and the response of the 

 Administrator with regard to the Secretary's com- 

 ments. If the Secretary does not comment in writing 

 to the Administrator regarding the notice and anal- 

 ysis within 30 days after receiving them, the Ad- 

 ministrator may notify the registrant and make pub- 

 lic the notice at any time after such 30-day period 

 notwithstanding the foregoing 60-day time require- 

 ment. The time requirements imposed by the preced- 

 ing 3 sentences may be waived or modified to the 

 extent agreed upon by the Administrator and the 

 Secretary. Notwithstanding any other provision of 

 this subsection and section 136w(d) of this title, in 

 the event that the Administrator determines that 

 suspension of a pesticide registration is necessary to 

 prevent an imminent hazard to human health, then 

 upon such a finding the Administrator may waive the 

 requirement of notice to and consultation with the 

 Secretary of Agriculture pursuant to this subsection 

 and of submission to the Scientific Advisory Panel 

 pursuant to section 136w(d) of this title and proceed 

 in accordance with subsection (c) of this section. The 

 proposed action shall become final and effective at 

 the end of 30 days from receipt by the registrant, 

 or publication, of a notice issued under paragraph 

 ( 1) , whichever occurs later, unless within that time 

 either (i) the registrant makes the necessary cor- 



rections, if possible, or (ii> a request for a hearing 

 is made by a person adversely affected by the no- 

 tice. In the event a hearing is held pursuant to such 

 a request or to the Administrator's determination 

 under paragraph (2), a decision pertaining to reg- 

 istration or classification issued after completion of 

 such hearing shall be final. In taking any final action 

 under this subsection, the Administrator shall in- 

 clude among those factors to be taken into account 

 the impact of such final action on production and 

 prices of agricultural commodities, retail food prices, 

 and otherwise on the agricultural economy, and he 

 shall publish in the Federal Register an analysis of 

 such impact. 



(c) .Suspension. 



(1) Order. 



If the Administrator determines that action is 

 necessary to prevent an imminent hazard during 

 the time required for cancellation or change "in 

 classification proceedings, he may, by order, sus- 

 pend the registration of the pesticide immediately. 

 No order of suspension may be issued unless the 

 Administrator has issued or at the same time 

 issues notice of his intention to cancel the regis- 

 tration or change the classification of the 

 pesticide. 



Except as provided in paragraph (3), the Ad- 

 ministrator shall notify the registrant prior to 

 issuing any suspension order. Such notice shall 

 include findings pertaining to the question of 

 "Imminent hazard". The registrant shall then 

 have an opportunity, in accordance with the pro- 

 visions of paragraph (2) . for an expedited hear- 

 ing before the Agency on the question of whether 

 an imminent hazard exists. 



(2) Expedite hearing. 



If no request for a hearing is submitted to the 

 Agency within five days of the registrant's receipt 

 of the notification provided for by paragraph (1) , 

 the suspension order may be issued and shall take 

 effect and shall not be reviewable by a court. If a 

 hearing is requested, it shall commence within five 

 days of the receipt of the request for such hearing 

 unless the registrant and the Agency agree that it 

 shall commence at a later time. The hearing shall 

 be held in accordance with the provisions of sub- 

 chapter II of chapter 5 of Title 5, except that the 

 presiding officer need not be a certified hearing 

 examiner. The presiding officer shall have ten 

 days from the conclusion of the presentation of 

 evidence to submit recommended findings and 

 conclusions to the Administrator, who shall then 

 have seven days to render a final order on the 

 issue of suspension. 



(3) Emergency order. 



Whenever the Administrator determines that an 

 emergency exists that does not permit him to hold 

 a hearing before suspending, he may issue a sus- 

 pension order in advance of notification to the 

 registrant. In that case, paragraph (2) shall apply 

 except that (i) the order of suspension shall be 

 in effect pending the expeditious completion of 

 the remedies provided by that paragraph and the 

 issuance of a final order on suspension, and (11) 

 no party other than the registrant and the Agency 



