107 



livery which shall not be exported by the consignee 

 within 90 days from the date of notice of such refusal 

 under such regulations as the Secretary of the 

 Treasury may prescribe: Provided, That the Secre- 

 tary of the Treasury may deliver to the consignee 

 such pesticide or device pending examination and 

 decision in the matter on execution of bond for the 

 amount of the full invoice value of such pesticide or 

 device, together with the duty thereon, and on re- 

 fusal to return such pesticide or device for any cause 

 to the custody of the Secretary of the Treasury, 

 when demanded, for the purpose of excluding them 

 from the country, or for any other purpose, said con- 

 signee shall forfeit the full amount of said bond: 

 And provided further. That all charges for storage, 

 cartage, and labor on pesticides or devices which are 

 refused admission or delivery shall be paid by the 

 owner or consignee, and in default of such payment 

 shall constitute a lien against any future importa- 

 tion made by such owner or consignee. 



(d) Cooperation in international efforts. 



The Administrator shall, in cooperation with the 

 Department of State and any other appropriate Fed- 

 eral agency, participate and cooperate in any inter- 

 national efforts to develop improved pesticide re- 

 search and regrulations. 



(e) Regulations. 



The Secretary of the Treasury, in consultation 

 with the Administrator, shall prescribe regulations 

 for the enforcement of subsection (c) of this section. 

 (June 25, 1947, ch. 125, § 17, as added Oct. 21, 1972, 

 Pub. L. 92-516, § 2, 86 Stat. 995.) 



§ 13Gp. Exemption of Federal agencies. 



The Administrator may, at his discretion, exempt 

 any Federal or State agency from any provision of 

 this subchapter if he determines that emergency 

 conditions exist which require such exemption. 

 The Administrator, in determining whether or not 

 such emergency conditions exist, shall consult with 

 the Secretai-y of Agriculture and the Governor of 

 any State concerned if they request such determina- 

 tion. (June 25. 1947. ch. 125. § 18, as added Oct. 21. 

 1972. Pub. L. 92-516, § 2. 86 Stat. 995. and amended 

 Nov. 28, 1975. Pub. L. 94-140. 5 8, 89 Stat. 754.) 



Amendments 

 1975 — Pub. L. 94-140 added provision requiring Ad- 

 ministrator to consult with Secretary of Agriculture and 

 Governor of State concerned In deter.mlnlng whether an 

 emergency situation exists. 



§ 136q. Disposal and transportation. 



(a) Procedures. 



The Administrator shall, after consultation with 

 other interested Federal agencies, establish proce- 

 dures and regulations for the disposal or storage of 

 packages and containers of pesticides and for dis- 

 posal or storage of excess amounts of such pesticides, 

 and accept at convenient locations for safe disposal 

 a pesticide the registration of which is canceled 

 under section 136d(c) of this title if requested by 

 the owner of the pesticide. 



(b) Advice to secretary of transportation. 



The Administrator shall provide advice and as- 



sistance to the Secretary of Transportation with re- 

 spect to his functions relating to the transportation 

 of hazardous materials under the Department of 

 Transportation Act, the Transportation of Explo- 

 sives Act, the Federal Aviation Act of 1958. and the 

 Hazardous Cargo Act. f June 25, 1947, ch. 125, § 19, 

 as added Oct. 21, 1972, Pub. L. 92-516, § 2, 86 Stat, 

 995.) 



§ 136r. Research and monitoring. 



(a) Research. 



The Administrator shall undertake research in- 

 cluding research by grant or contract with other 

 Federal agencies, universities, or others as may be 

 necessary to carry out the purposes of this subcha) i- 

 ter, and he shall give priority to research to develop 

 biologically integrated alternatives for pest control. 

 The Administrator shall also take care to insure that 

 such research does not duplicate research being un- 

 dertaken by any other Federal agency. 



(b) National monitoring plan. 



The Administrator shall formulate and periodi- 

 cally revise, in cooperation with other Federal, 

 State, or local agencies, a national plan for monitor- 

 ing pesticides. 



(c) -Monitoring. 



The Administrator shall undertake such monitor- 

 ing activities, including but not limited to monitor- 

 ing in air, soil, water, man, plants, and animals, as 

 may be necessary for the implementation of this sub- 

 chapter and of the national pesticide monitoring 

 plan. Such activities shall be carried out in coopera- 

 tion with other Federal. State, and local agencies. 

 (June 25, 1947, ch. 125, § 20, as added Oct. 21, 1972, 

 Pub. L. 92-516, § 2, 86 Stat. 996.) 



§l36s. Solicitation of comments; notice of public 

 hearings. 



(a) The Administrator, before publishing regula- 

 tions under this subchapter, shall solicit the views 

 of the Secretary of Agriculture in accordance with 

 the procedure described in section 136w(a) of this 

 title. 



(b) In addition to any other authority relating to 

 public hearings and solicitation of views, in connec- 

 tion with the suspension or cancellation of a pesti- 

 cide registration or any other actions authorized im- 

 der this subchapter, the Administrator may, at his 

 discretion, solicit the views of all interested persons, 

 either orally or in writing, and seek such advice from 

 scientists, farmers, farm organizations, and other 

 qualified persons as he deems proper. 



(c) In connection with all public hearings under 

 this subchapter the Administrator shall publish 

 timely notice of such hearings in the Federal Regis- 

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

 1972, Pub. L. 92-516, 5 2, 86 Stat. 996, and amended 

 Nov. 28, 1975, Pub. L. 94-140, § 2(b), 89 Stat. 752.) 



Amendments 

 1975 — Subsec. (a). Pub. L. 94-140 added "In accordance 

 with the procedure described In section 136w(a) of this 

 title" following "Secretary of Agriculture". 



