109 



(3) Congressional committees. 



At such time as the Administrator is required 

 under paragraph (2) of this subsection to provide 

 the Secertary of Agriculture with a copy of proposed 

 regulations and a copy of the final form of regula- 

 tions, he shall also furnish a copy of such regulations 

 to the Committee on Agriculture of the House of 

 Representatives and the Committee on Agriculture 

 and Forestry of the Senate. 



(b) Exemption of pesticides. 



The Administrator may exempt from the require- 

 ments of this subchapter by regulation any pesticide 

 which he determines either ( 1 ) to be adequately reg- 

 ulated by another Federal agency, or <2) to be of a 

 character which is unnecessary to be subject to this 

 subchapter in order to carry out the purposes of this 

 subchapter. 



(c) Other authority. 



The Administrator, after notice and opportunity 

 for hearing, is authorized — 



( 1 ) to declare a pest any form of plant or animal 

 life (other than man and other than bacteria, virus, 

 and other micro-organisms on or in living man or 

 other living animals) which is injurious to health 

 or the environment: 



(2) to determine any pesticide which contains 

 any substance or substances in quantities highly 

 toxic to man; 



(3) to establish standards (which shall be con- 

 sistent with those established under the authority. 

 of the Poison Prevention Packaging Act) with re- 

 spect to the package, container, or wrapping in 

 which a pesticide or device is enclosed for use or 

 consumption, in order to protect children and 

 adults from serious injury or illness resulting from 

 accidental ingestion or contact with pesticides or 

 devices regulated by this subchapter as well as to 

 accomplish the other purposes of this subchapter: 



(4) to specify those classes of devices which 

 shall be subject to any provision of paragraph 

 2(q)(l) or section 136e of this title upon his 

 determination that application of such provision 

 Is necessary to effectuate the purposes of this 

 subchapter: 



(5) to prescribe regulations requiring any pes- 

 ticide to be colored or discolored If he determines 

 that such requirement is feasible and is necessary 

 for the protection of health and the environment; 

 and 



(6) to determine and establish suitable names 

 to be used in the ingredient .statement. 



(d) Scientific advisory panel. 



The Administrator shall submit to an advisory 

 panel for comment as to the impact on health and 

 the environment of the action proposed in notices 

 of intent issued under section 136d(b) of this title 

 and of the proposed and final form of regulations 

 issued under subsection (a) of this section within 

 the same time periods as provided for the comments 

 of the Secretary of Agriculture under such section 

 136d(b) and subsection 'a) of this section. The time 

 requirements for notices of intent and proposed and 

 final forms of regulation may not be modified or 

 waived unless in addition to meeting the require- 

 ments of section 136d(b) of this title or subsection 



(a) of this section, as applicable, the advisory panel 

 has failed to comment on the proposed action with- 

 in the prescribed time period or has agreed to the 

 modification or waiver. The comments of the ad- 

 visory panel and the response of the Administrator 

 shall be published in the Federal Register in the 

 same manner as provided for publication of the com- 

 ments of the Secretary of Agriculture under such 

 section 136dibi and subsection (a) of this section. 

 The panel referred to in this subsection shall consist 

 of seven members appointed by the Administrator 

 from a list of 12 nominees, six nominated by the Na- 

 tional Institutes of Health, and six by the National 

 Science Foundation. The Administrator may require 

 such information from the nominees to the advisory 

 panel as he deems necessary, and he shall publish 

 in the Federal Register the name, address, and pro- 

 fessional affiliations of each nominee. Each member 

 of the panel shall receive per diem compensation at 

 a rate not in excess of that fixed for GS-18 of the 

 General Schedule as may be determined by the Ad- 

 ministrator, except that any such member who holds 

 another office or position under the Federal Govern- 

 ment the compensation for which exceeds such rate 

 may elect to receive compensation at the rate pro- 

 vided for such other office or position in lieu of the 

 compensation provided by this subsection. In order 

 to assure the objectivity of the advisory panel, the 

 Administrator shall promulgate regulations regard- 

 ing conflicts of interest with respect to the members 

 of the panel. (June 25, 1947, ch. 125, § 25, as added 

 Oct. 21. 1972, Pub. L. 92-516. § 2 86 Stat. 997, and 

 amended Nov. 28, 1975, Pub. L. 94-140, §§ 2(a), 6, 7, 

 89 Stat. 751,753.) 



Amendments 



1975— Subsec. (a)(l|. Pub. L. 94-140, § 2(a) (1), (2). 

 redesignated existing provision as subsec. (a) (1), and, as 

 so redesignated, added ". in accordance with the proce- 

 dure described In paragraph (2)." following "Is author- 

 ized". 



Subsec. (a) (2). Pub. L. 94-140, § 2(a) (3), added subsec. 

 (a)(2). 



Subsec. (a) (3) . Pub. L. 94-140, § 6. added subsec. (a) (3) . 



Subsec. (d). Pub. L. 94-140, §7, added subsec. (d). 



§ 136x. Severability. 



If any provision of this subchapter or the applica- 

 tion thereof to any person or circumstance is held in- 

 valid, the invalidity shall not affect other provisions 

 or applications of this subchapter which can be given 

 effect without regard to the Invalid provision or ap- 

 plication, and to this end the provisions of this sub- 

 chapter are severable. (June 25, 1947, ch. 125, § 26, 

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

 998.) 



§ 136y. Authorization for appropriations. 



There is authorized to be appropriated such sums 

 as may be necessary to carry out the provisions of 

 this subchapter for each of the fiscal years ending 

 June 30, 1972, June 30, 1974, and June 30, 1975. The 

 amounts authorized to be appropriated for any fiscal 

 year ending after June 30. 1975, shall be the sums 

 hereafter provided by law. There is hereby authorized 

 to be appropriated to carry out the provisions 

 of this subchapter for the period beginning July 1, 

 1975, and ending September 30, 1975, the sum of 



