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CITE

    7 USC Sec. 136                                              01/05/2009

EXPCITE

    TITLE 7 - AGRICULTURE
    CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
    SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

HEAD

    Sec. 136. Definitions

STATUTE

      For purposes of this subchapter -
    (a) Active ingredient
      The term "active ingredient" means -
        (1) in the case of a pesticide other than a plant regulator,
      defoliant, desiccant, or nitrogen stabilizer, an ingredient which
      will prevent, destroy, repel, or mitigate any pest;
        (2) in the case of a plant regulator, an ingredient which,
      through physiological action, will accelerate or retard the rate
      of growth or rate of maturation or otherwise alter the behavior
      of ornamental or crop plants or the product thereof;
        (3) in the case of a defoliant, an ingredient which will cause
      the leaves or foliage to drop from a plant;
        (4) in the case of a desiccant, an ingredient which will
      artificially accelerate the drying of plant tissue; and
        (5) in the case of a nitrogen stabilizer, an ingredient which
      will prevent or hinder the process of nitrification,
      denitrification, ammonia volatilization, or urease production
      through action affecting soil bacteria.
    (b) Administrator
      The term "Administrator" means the Administrator of the
    Environmental Protection Agency.
    (c) Adulterated
      The term "adulterated" applies to any pesticide if -
        (1) its strength or purity falls below the professed standard
      of quality as expressed on its labeling under which it is sold;
        (2) any substance has been substituted wholly or in part for
      the pesticide; or
        (3) any valuable constituent of the pesticide has been wholly
      or in part abstracted.
    (d) Animal
      The term "animal" means all vertebrate and invertebrate species,
    including but not limited to man and other mammals, birds, fish,
    and shellfish.
    (e) Certified applicator, etc.
      (1) Certified applicator
        The term "certified applicator" means any individual who is
      certified under section 136i of this title as authorized to use
      or supervise the use of any pesticide which is classified for
      restricted use. Any applicator who holds or applies registered
      pesticides, or uses dilutions of registered pesticides consistent
      with subsection (ee) of this section, only to provide a service
      of controlling pests without delivering any unapplied pesticide
      to any person so served is not deemed to be a seller or
      distributor of pesticides under this subchapter.
      (2) Private applicator
        The term "private applicator" means a certified applicator who
      uses or supervises the use of any pesticide which is classified
      for restricted use for purposes of producing any agricultural
      commodity on property owned or rented by the applicator or the
      applicator's employer or (if applied without compensation other
      than trading of personal services between producers of
      agricultural commodities) on the property of another person.
      (3) Commercial applicator
        The term "commercial applicator" means an applicator (whether
      or not the applicator is a private applicator with respect to
      some uses) who uses or supervises the use of any pesticide which
      is classified for restricted use for any purpose or on any
      property other than as provided by paragraph (2).
      (4) Under the direct supervision of a certified applicator
        Unless otherwise prescribed by its labeling, a pesticide shall
      be considered to be applied under the direct supervision of a
      certified applicator if it is applied by a competent person
      acting under the instructions and control of a certified
      applicator who is available if and when needed, even though such
      certified applicator is not physically present at the time and
      place the pesticide is applied.
    (f) Defoliant
      The term "defoliant" means any substance of mixture of substances
    intended for causing the leaves or foliage to drop from a plant,
    with or without causing abscission.
    (g) Desiccant
      The term "desiccant" means any substance or mixture of substances
    intended for artificially accelerating the drying of plant tissue.
    (h) Device
      The term "device" means any instrument or contrivance (other than
    a firearm) which is intended for trapping, destroying, repelling,
    or mitigating any pest or any other form of plant or animal life
    (other than man and other than bacteria, virus, or other
    microorganism on or in living man or other living animals); but not
    including equipment used for the application of pesticides when
    sold separately therefrom.
    (i) District court
      The term "district court" means a United States district court,
    the District Court of Guam, the District Court of the Virgin
    Islands, and the highest court of American Samoa.
    (j) Environment
      The term "environment" includes water, air, land, and all plants
    and man and other animals living therein, and the
    interrelationships which exist among these.
    (k) Fungus
      The term "fungus" means any non-chlorophyll-bearing thallophyte
    (that is, any non-chlorophyll-bearing plant of a lower order than
    mosses and liverworts), as for example, rust, smut, mildew, mold,
    yeast, and bacteria, except those on or in living man or other
    animals and those on or in processed food, beverages, or
    pharmaceuticals.
    (l) Imminent hazard
      The term "imminent hazard" means a situation which exists when
    the continued use of a pesticide during the time required for
    cancellation proceeding would be likely to result in unreasonable
    adverse effects on the environment or will involve unreasonable
    hazard to the survival of a species declared endangered or
    threatened by the Secretary pursuant to the Endangered Species Act
    of 1973 [16 U.S.C. 1531 et seq.].
    (m) Inert ingredient
      The term "inert ingredient" means an ingredient which is not
    active.
    (n) Ingredient statement
      The term "ingredient statement" means a statement which contains -
        (1) the name and percentage of each active ingredient, and the
      total percentage of all inert ingredients, in the pesticide; and
        (2) if the pesticide contains arsenic in any form, a statement
      of the percentages of total and water soluble arsenic, calculated
      as elementary arsenic.
    (o) Insect
      The term "insect" means any of the numerous small invertebrate
    animals generally having the body more or less obviously segmented,
    for the most part belonging to the class insecta, comprising six-
    legged, usually winged forms, as for example, beetles, bugs, bees,
    flies, and to other allied classes of anthropods whose members are
    wingless and usually have more than six legs, as for example,
    spiders, mites, ticks, centipedes, and wood lice.
    (p) Label and labeling
      (1) Label
        The term "label" means the written, printed, or graphic matter
      on, or attached to, the pesticide or device or any of its
      containers or wrappers.
      (2) Labeling
        The term "labeling" means all labels and all other written,
      printed, or graphic matter -
          (A) accompanying the pesticide or device at any time; or
          (B) to which reference is made on the label or in literature
        accompanying the pesticide or device, except to current
        official publications of the Environmental Protection Agency,
        the United States Departments of Agriculture and Interior, the
        Department of Health and Human Services, State experiment
        stations, State agricultural colleges, and other similar
        Federal or State institutions or agencies authorized by law to
        conduct research in the field of pesticides.
    (q) Misbranded
        (1) A pesticide is misbranded if -
          (A) its labeling bears any statement, design, or graphic
        representation relative thereto or to its ingredients which is
        false or misleading in any particular;
          (B) it is contained in a package or other container or
        wrapping which does not conform to the standards established by
        the Administrator pursuant to section 136w(c)(3) of this title;
          (C) it is an imitation of, or is offered for sale under the
        name of, another pesticide;
          (D) its label does not bear the registration number assigned
        under section 136e of this title to each establishment in which
        it was produced;
          (E) any word, statement, or other information required by or
        under authority of this subchapter to appear on the label or
        labeling is not prominently placed thereon with such
        conspicuousness (as compared with other words, statements,
        designs, or graphic matter in the labeling) and in such terms
        as to render it likely to be read and understood by the
        ordinary individual under customary conditions of purchase and
        use;
          (F) the labeling accompanying it does not contain directions
        for use which are necessary for effecting the purpose for which
        the product is intended and if complied with, together with any
        requirements imposed under section 136a(d) of this title, are
        adequate to protect health and the environment;
          (G) the label does not contain a warning or caution statement
        which may be necessary and if complied with, together with any
        requirements imposed under section 136a(d) of this title, is
        adequate to protect health and the environment; or
          (H) in the case of a pesticide not registered in accordance
        with section 136a of this title and intended for export, the
        label does not contain, in words prominently placed thereon
        with such conspicuousness (as compared with other words,
        statements, designs, or graphic matter in the labeling) as to
        render it likely to be noted by the ordinary individual under
        customary conditions of purchase and use, the following: "Not
        Registered for Use in the United States of America".
        (2) A pesticide is misbranded if -
          (A) the label does not bear an ingredient statement on that
        part of the immediate container (and on the outside container
        or wrapper of the retail package, if there be one, through
        which the ingredient statement on the immediate container
        cannot be clearly read) which is presented or displayed under
        customary conditions or purchase, except that a pesticide is
        not misbranded under this subparagraph if -
            (i) The size or form of the immediate container, or the
          outside container or wrapper of the retail package, makes it
          impracticable to place the ingredient statement on the part
          which is presented or displayed under customary conditions of
          purchase; and
            (ii) the ingredient statement appears prominently on
          another part of the immediate container, or outside container
          or wrapper, permitted by the Administrator;
          (B) the labeling does not contain a statement of the use
        classification under which the product is registered;
          (C) there is not affixed to its container, and to the outside
        container or wrapper of the retail package, if there be one,
        through which the required information on the immediate
        container cannot be clearly read, a label bearing -
            (i) the name and address of the producer, registrant, or
          person for whom produced;
            (ii) the name, brand, or trademark under which the
          pesticide is sold;
            (iii) the net weight or measure of the content, except that
          the Administrator may permit reasonable variations; and
            (iv) when required by regulation of the Administrator to
          effectuate the purposes of this subchapter, the registration
          number assigned to the pesticide under this subchapter, and
          the use classification; and
          (D) the pesticide contains any substance or substances in
        quantities highly toxic to man, unless the label shall bear, in
        addition to any other matter required by this subchapter -
            (i) the skull and crossbones;
            (ii) the word "poison" prominently in red on a background
          of distinctly contrasting color; and
            (iii) a statement of a practical treatment (first aid or
          otherwise) in case of poisoning by the pesticide.
    (r) Nematode
      The term "nematode" means invertebrate animals of the phylum
    nemathelminthes and class nematoda, that is, unsegmented round
    worms with elongated, fusiform, or saclike bodies covered with
    cuticle, and inhabiting soil, water, plants, or plant parts; may
    also be called nemas or eelworms.
    (s) Person
      The term "person" means any individual, partnership, association,
    corporation, or any organized group of persons whether incorporated
    or not.
    (t) Pest
      The term "pest" means (1) any insect, rodent, nematode, fungus,
    weed, or (2) any other form of terrestrial or aquatic plant or
    animal life or virus, bacteria, or other micro-organism (except
    viruses, bacteria, or other micro-organisms on or in living man or
    other living animals) which the Administrator declares to be a pest
    under section 136w(c)(1) of this title.
    (u) Pesticide
      The term "pesticide" means (1) any substance or mixture of
    substances intended for preventing, destroying, repelling, or
    mitigating any pest, (2) any substance or mixture of substances
    intended for use as a plant regulator, defoliant, or desiccant, and
    (3) any nitrogen stabilizer, except that the term "pesticide" shall
    not include any article that is a "new animal drug" within the
    meaning of section 321(w) (!1) of title 21, that has been
    determined by the Secretary of Health and Human Services not to be
    a new animal drug by a regulation establishing conditions of use
    for the article, or that is an animal feed within the meaning of
    section 321(x) (!1) of title 21 bearing or containing a new animal
    drug. The term "pesticide" does not include liquid chemical
    sterilant products (including any sterilant or subordinate
    disinfectant claims on such products) for use on a critical or semi-
    critical device, as defined in section 321 of title 21. For
    purposes of the preceding sentence, the term "critical device"
    includes any device which is introduced directly into the human
    body, either into or in contact with the bloodstream or normally
    sterile areas of the body and the term "semi-critical device"
    includes any device which contacts intact mucous membranes but
    which does not ordinarily penetrate the blood barrier or otherwise
    enter normally sterile areas of the body.
    (v) Plant regulator
      The term "plant regulator" means any substance or mixture of
    substances intended, through physiological action, for accelerating
    or retarding the rate of growth or rate of maturation, or for
    otherwise altering the behavior of plants or the produce thereof,
    but shall not include substances to the extent that they are
    intended as plant nutrients, trace elements, nutritional chemicals,
    plant inoculants, and soil amendments. Also, the term "plant
    regulator" shall not be required to include any of such of those
    nutrient mixtures or soil amendments as are commonly known as
    vitamin-hormone horticultural products, intended for improvement,
    maintenance, survival, health, and propagation of plants, and as
    are not for pest destruction and are nontoxic, nonpoisonous in the
    undiluted packaged concentration.
    (w) Producer and produce
      The term "producer" means the person who manufactures, prepares,
    compounds, propagates, or processes any pesticide or device or
    active ingredient used in producing a pesticide. The term "produce"
    means to manufacture, prepare, compound, propagate, or process any
    pesticide or device or active ingredient used in producing a
    pesticide. The dilution by individuals of formulated pesticides for
    their own use and according to the directions on registered labels
    shall not of itself result in such individuals being included in
    the definition of "producer" for the purposes of this subchapter.
    (x) Protect health and the environment
      The terms "protect health and the environment" and "protection of
    health and the environment" mean protection against any
    unreasonable adverse effects on the environment.
    (y) Registrant
      The term "registrant" means a person who has registered any
    pesticide pursuant to the provisions of this subchapter.
    (z) Registration
      The term "registration" includes reregistration.
    (aa) State
      The term "State" means a State, the District of Columbia, the
    Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust
    Territory of the Pacific Islands, and American Samoa.
    (bb) Unreasonable adverse effects on the environment
      The term "unreasonable adverse effects on the environment" means
    (1) any unreasonable risk to man or the environment, taking into
    account the economic, social, and environmental costs and benefits
    of the use of any pesticide, or (2) a human dietary risk from
    residues that result from a use of a pesticide in or on any food
    inconsistent with the standard under section 346a of title 21. The
    Administrator shall consider the risks and benefits of public
    health pesticides separate from the risks and benefits of other
    pesticides. In weighing any regulatory action concerning a public
    health pesticide under this subchapter, the Administrator shall
    weigh any risks of the pesticide against the health risks such as
    the diseases transmitted by the vector to be controlled by the
    pesticide.
    (cc) Weed
      The term "weed" means any plant which grows where not wanted.
    (dd) Establishment
      The term "establishment" means any place where a pesticide or
    device or active ingredient used in producing a pesticide is
    produced, or held, for distribution or sale.
    (ee) To use any registered pesticide in a manner inconsistent with
      its labeling
      The term "to use any registered pesticide in a manner
    inconsistent with its labeling" means to use any registered
    pesticide in a manner not permitted by the labeling, except that
    the term shall not include (1) applying a pesticide at any dosage,
    concentration, or frequency less than that specified on the
    labeling unless the labeling specifically prohibits deviation from
    the specified dosage, concentration, or frequency, (2) applying a
    pesticide against any target pest not specified on the labeling if
    the application is to the crop, animal, or site specified on the
    labeling, unless the Administrator has required that the labeling
    specifically state that the pesticide may be used only for the
    pests specified on the labeling after the Administrator has
    determined that the use of the pesticide against other pests would
    cause an unreasonable adverse effect on the environment, (3)
    employing any method of application not prohibited by the labeling
    unless the labeling specifically states that the product may be
    applied only by the methods specified on the labeling, (4) mixing a
    pesticide or pesticides with a fertilizer when such mixture is not
    prohibited by the labeling, (5) any use of a pesticide in
    conformance with section 136c, 136p, or 136v of this title, or (6)
    any use of a pesticide in a manner that the Administrator
    determines to be consistent with the purposes of this subchapter.
    After March 31, 1979, the term shall not include the use of a
    pesticide for agricultural or forestry purposes at a dilution less
    than label dosage unless before or after that date the
    Administrator issues a regulation or advisory opinion consistent
    with the study provided for in section 27(b) of the Federal
    Pesticide Act of 1978, which regulation or advisory opinion
    specifically requires the use of definite amounts of dilution.
    (ff) Outstanding data requirement
      (1) In general
        The term "outstanding data requirement" means a requirement for
      any study, information, or data that is necessary to make a
      determination under section 136a(c)(5) of this title and which
      study, information, or data -
          (A) has not been submitted to the Administrator; or
          (B) if submitted to the Administrator, the Administrator has
        determined must be resubmitted because it is not valid,
        complete, or adequate to make a determination under section
        136a(c)(5) of this title and the regulations and guidelines
        issued under such section.
      (2) Factors
        In making a determination under paragraph (1)(B) respecting a
      study, the Administrator shall examine, at a minimum, relevant
      protocols, documentation of the conduct and analysis of the
      study, and the results of the study to determine whether the
      study and the results of the study fulfill the data requirement
      for which the study was submitted to the Administrator.
    (gg) To distribute or sell
      The term "to distribute or sell" means to distribute, sell, offer
    for sale, hold for distribution, hold for sale, hold for shipment,
    ship, deliver for shipment, release for shipment, or receive and
    (having so received) deliver or offer to deliver. The term does not
    include the holding or application of registered pesticides or use
    dilutions thereof by any applicator who provides a service of
    controlling pests without delivering any unapplied pesticide to any
    person so served.
    (hh) Nitrogen stabilizer
      The term "nitrogen stabilizer" means any substance or mixture of
    substances intended for preventing or hindering the process of
    nitrification, denitrification, ammonia volatilization, or urease
    production through action upon soil bacteria. Such term shall not
    include -
        (1) dicyandiamide;
        (2) ammonium thiosulfate; or
        (3) any substance or mixture of substances. -  (!2)
          (A) that was not registered pursuant to section 136a of this
        title prior to January 1, 1992; and
          (B) that was in commercial agronomic use prior to January 1,
        1992, with respect to which after January 1, 1992, the
        distributor or seller of the substance or mixture has made no
        specific claim of prevention or hindering of the process of
        nitrification, denitrification, ammonia volatilization (!3)
        urease production regardless of the actual use or purpose for,
        or future use or purpose for, the substance or mixture.
    Statements made in materials required to be submitted to any State
    legislative or regulatory authority, or required by such authority
    to be included in the labeling or other literature accompanying any
    such substance or mixture shall not be deemed a specific claim
    within the meaning of this subsection.
    (jj) (!4) Maintenance applicator
      The term "maintenance applicator" means any individual who, in
    the principal course of such individual's employment, uses, or
    supervises the use of, a pesticide not classified for restricted
    use (other than a ready to use consumer products pesticide); for
    the purpose of providing structural pest control or lawn pest
    control including janitors, general maintenance personnel,
    sanitation personnel, and grounds maintenance personnel. The term
    "maintenance applicator" does not include private applicators as
    defined in subsection (e)(2) of this section; individuals who use
    antimicrobial pesticides, sanitizers or disinfectants; individuals
    employed by Federal, State, and local governments or any political
    subdivisions thereof, or individuals who use pesticides not
    classified for restricted use in or around their homes, boats, sod
    farms, nurseries, greenhouses, or other noncommercial property.
    (kk) Service technician
      The term "service technician" means any individual who uses or
    supervises the use of pesticides (other than a ready to use
    consumer products pesticide) for the purpose of providing
    structural pest control or lawn pest control on the property of
    another for a fee. The term "service technician" does not include
    individuals who use antimicrobial pesticides, sanitizers or
    disinfectants; or who otherwise apply ready to use consumer
    products pesticides.
    (ll) Minor use
      The term "minor use" means the use of a pesticide on an animal,
    on a commercial agricultural crop or site, or for the protection of
    public health where -
        (1) the total United States acreage for the crop is less than
      300,000 acres, as determined by the Secretary of Agriculture; or
        (2) the Administrator, in consultation with the Secretary of
      Agriculture, determines that, based on information provided by an
      applicant for registration or a registrant, the use does not
      provide sufficient economic incentive to support the initial
      registration or continuing registration of a pesticide for such
      use and -
          (A) there are insufficient efficacious alternative registered
        pesticides available for the use;
          (B) the alternatives to the pesticide use pose greater risks
        to the environment or human health;
          (C) the minor use pesticide plays or will play a significant
        part in managing pest resistance; or
          (D) the minor use pesticide plays or will play a significant
        part in an integrated pest management program.
    The status as a minor use under this subsection shall continue as
    long as the Administrator has not determined that, based on
    existing data, such use may cause an unreasonable adverse effect on
    the environment and the use otherwise qualifies for such status.
    (mm) Antimicrobial pesticide
      (1) In general
        The term "antimicrobial pesticide" means a pesticide that -
          (A) is intended to -
            (i) disinfect, sanitize, reduce, or mitigate growth or
          development of microbiological organisms; or
            (ii) protect inanimate objects, industrial processes or
          systems, surfaces, water, or other chemical substances from
          contamination, fouling, or deterioration caused by bacteria,
          viruses, fungi, protozoa, algae, or slime; and
          (B) in the intended use is exempt from, or otherwise not
        subject to, a tolerance under section 346a of title 21 or a
        food additive regulation under section 348 of title 21.
      (2) Excluded products
        The term "antimicrobial pesticide" does not include -
          (A) a wood preservative or antifouling paint product for
        which a claim of pesticidal activity other than or in addition
        to an activity described in paragraph (1) is made;
          (B) an agricultural fungicide product; or
          (C) an aquatic herbicide product.
      (3) Included products
        The term "antimicrobial pesticide" does include any other
      chemical sterilant product (other than liquid chemical sterilant
      products exempt under subsection (u) of this section), any other
      disinfectant product, any other industrial microbiocide product,
      and any other preservative product that is not excluded by
      paragraph (2).
    (nn) Public health pesticide
      The term "public health pesticide" means any minor use pesticide
    product registered for use and used predominantly in public health
    programs for vector control or for other recognized health
    protection uses, including the prevention or mitigation of viruses,
    bacteria, or other microorganisms (other than viruses, bacteria, or
    other microorganisms on or in living man or other living animal)
    that pose a threat to public health.
    (oo) Vector
      The term "vector" means any organism capable of transmitting the
    causative agent of human disease or capable of producing human
    discomfort or injury, including mosquitoes, flies, fleas,
    cockroaches, or other insects and ticks, mites, or rats.

SOURCE

    (June 25, 1947, ch. 125, Sec. 2, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 975; amended Pub. L. 93-205, Sec. 13(f),
    Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-140, Sec. 9, Nov. 28, 1975,
    89 Stat. 754; Pub. L. 95-396, Sec. 1, Sept. 30, 1978, 92 Stat. 819;
    Pub. L. 100-532, title I, Sec. 101, title VI, Sec. 601(a), title
    VIII, Sec. 801(a), Oct. 25, 1988, 102 Stat. 2655, 2677, 2679; Pub.
    L. 102-237, title X, Sec. 1006(a)(1), (2), (b)(3)(A), (B), Dec. 13,
    1991, 105 Stat. 1894, 1895; Pub. L. 104-170, title I, Secs. 105(a),
    120, title II, Secs. 210(a), 221, 230, title III, Sec. 304, Aug. 3,
    1996, 110 Stat. 1490, 1492, 1493, 1502, 1508, 1512.)

REFERENCES IN TEXT

      The Endangered Species Act of 1973, referred to in subsec. (l),
    is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which
    is classified generally to chapter 35 (Sec. 1531 et seq.) of Title
    16, Conservation. For complete classification of this Act to the
    Code, see Short Title note set out under section 1531 of Title 16
    and Tables.
      Section 321 of title 21, referred to in subsec. (u), was
    subsequently amended, and subsecs. (w) and (x) of section 321 no
    longer define the terms "new animal drug" and "animal feed",
    respectively. However, such terms are defined elsewhere in that
    section.
      Section 27(b) of Federal Pesticide Act of 1978, referred to in
    subsec. (ee), is section 27(b) of Pub. L. 95-396, Sept. 30, 1978,
    92 Stat. 841, which was formerly set out as a note under section
    136w-4 of this title.

PRIOR PROVISIONS

      A prior section 2 of act June 25, 1947, was classified to section
    135 of this title prior to amendment of act June 25, 1947, by Pub.
    L. 92-516.
                                AMENDMENTS
      1996 - Subsec. (a)(1). Pub. L. 104-170, Sec. 105(a)(1)(A),
    substituted "defoliant, desiccant, or nitrogen stabilizer" for
    "defoliant, or desiccant".
      Subsec. (a)(5). Pub. L. 104-170, Sec. 105(a)(1)(B)-(D), added
    par. (5).
      Subsec. (u). Pub. L. 104-170, Secs. 105(a)(2), 221(1), struck out
    "and" before "(2)", inserted "and (3) any nitrogen stabilizer,"
    after "desiccant,", and inserted at end "The term 'pesticide' does
    not include liquid chemical sterilant products (including any
    sterilant or subordinate disinfectant claims on such products) for
    use on a critical or semi-critical device, as defined in section
    321 of title 21. For purposes of the preceding sentence, the term
    'critical device' includes any device which is introduced directly
    into the human body, either into or in contact with the bloodstream
    or normally sterile areas of the body and the term 'semi-critical
    device' includes any device which contacts intact mucous membranes
    but which does not ordinarily penetrate the blood barrier or
    otherwise enter normally sterile areas of the body."
      Subsec. (bb). Pub. L. 104-170, Sec. 304, which directed amendment
    of section 2(bb) by inserting "(1)" after "means" and adding cl.
    (2), without specifying the Act being amended, was executed to this
    subsection, which is section 2(bb) of the Federal Insecticide,
    Fungicide, and Rodenticide Act, to reflect the probable intent of
    Congress.
      Pub. L. 104-170, Sec. 230(a), inserted at end "The Administrator
    shall consider the risks and benefits of public health pesticides
    separate from the risks and benefits of other pesticides. In
    weighing any regulatory action concerning a public health pesticide
    under this subchapter, the Administrator shall weigh any risks of
    the pesticide against the health risks such as the diseases
    transmitted by the vector to be controlled by the pesticide."
      Subsec. (hh). Pub. L. 104-170, Sec. 105(a)(3), added subsec.
    (hh).
      Subsecs. (jj), (kk). Pub. L. 104-170, Sec. 120, added subsecs.
    (jj) and (kk).
      Subsec. (ll). Pub. L. 104-170, Sec. 210(a), added subsec. (ll).
      Subsec. (mm). Pub. L. 104-170, Sec. 221(2), added subsec. (mm).
      Subsecs. (nn), (oo). Pub. L. 104-170, Sec. 230(b), added subsecs.
    (nn) and (oo).
      1991 - Subsec. (e)(1). Pub. L. 102-237, Sec. 1006(a)(1),
    substituted "section 136i" for "section 136b" and "uses dilutions"
    for "use dilutions" and made technical amendment to reference to
    subsection (ee) of this section involving corresponding provision
    of original act.
      Subsec. (e)(2). Pub. L. 102-237, Sec. 1006(b)(3)(A), substituted
    "the applicator or the applicator's" for "him or his".
      Subsec. (e)(3). Pub. L. 102-237, Sec. 1006(b)(3)(B), substituted
    "the applicator" for "he".
      Subsec. (q)(2)(A)(i). Pub. L. 102-237, Sec. 1006(a)(2),
    substituted "size or form" for "size of form".
      1988 - Subsec. (c). Pub. L. 100-532, Sec. 801(a)(1), substituted
    "if - " for "if:".
      Subsec. (p)(2)(B). Pub. L. 100-532, Sec. 801(a)(2), substituted
    "Health and Human Services" for "Health, Education, and Welfare".
      Subsec. (q)(2)(A). Pub. L. 100-532, Sec. 801(a)(3), substituted
    "if - " for "if:".
      Subsec. (q)(2)(C)(iii). Pub. L. 100-532, Sec. 801(a)(4),
    substituted ", except that" for ": Provided, That".
      Subsec. (u). Pub. L. 100-532, Sec. 801(a)(5), substituted ",
    except that" for ": Provided, That", struck out "(1)(a)" after
    "include any article" and "or (b)" after "section 321(w) of title
    21,", and substituted "Health and Human Services" for "Health,
    Education, and Welfare", "or that is" for "or (2) that is", and "a
    new animal drug" for "an article covered by clause (1) of this
    proviso".
      Subsec. (ee). Pub. L. 100-532, Secs. 601(a)(1), 801(a)(6),
    substituted ", except that" for ": Provided, That", inserted
    "unless the labeling specifically prohibits deviation from the
    specified dosage, concentration, or frequency" and "unless the
    labeling specifically states that the product may be applied only
    by the methods specified on the labeling", substituted "labeling,
    (4) mixing" for "labeling, or (4) mixing", ", (5)" for ": Provided
    further, That the term also shall not include", "or (6) any use"
    for "or any use", and ". After" for ": And provided further, That
    after".
      Subsec. (ff). Pub. L. 100-532, Sec. 101, added subsec. (ff).
      Subsec. (gg). Pub. L. 100-532, Sec. 601(a)(2), added subsec.
    (gg).
      1978 - Subsec. (e)(1). Pub. L. 95-396, Sec. 1(1), inserted
    provision deeming an applicator not a seller or distributor of
    pesticides when providing a service of controlling pests.
      Subsec. (e)(3). Pub. L. 95-396, Sec. 1(2), substituted "an
    applicator" for "a certified applicator".
      Subsec. (q)(1)(H). Pub. L. 95-396, Sec. 1(3), added subpar. (H).
      Subsec. (w). Pub. L. 95-396, Sec. 1(4), (5), amended definition
    of "producer" and "produce" to include reference to active
    ingredient used in producing a pesticide and inserted provision
    that an individual did not become a producer when there was
    dilution of a pesticide for personal use according to directions on
    registered labels.
      Subsec. (dd). Pub. L. 95-396, Sec. 1(6), inserted "or active
    ingredient used in producing a pesticide".
      Subsec. (ee). Pub. L. 95-396, Sec. 1(7), added subsec. (ee).
      1975 - Subsec. (u). Pub. L. 94-140 inserted proviso which
    excluded from term "pesticide" any article designated as "new
    animal drug" and any article denominated as animal feed.
      1973 - Subsec. (l). Pub. L. 93-205 substituted "or threatened by
    the Secretary pursuant to the Endangered Species Act of 1973" for
    "by the Secretary of the Interior under Public Law 91-135".
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Section 901 of Pub. L. 100-532 provided that: "Except as
    otherwise provided in this Act, the amendments made by this Act
    [see Short Title of 1988 Amendment note below] shall take effect on
    the expiration of 60 days after the date of enactment of this Act
    [Oct. 25, 1988]."
                     EFFECTIVE DATE OF 1973 AMENDMENT
      Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section
    16 of Pub. L. 93-205, set out as an Effective Date note under
    section 1531 of Title 16, Conservation.
                              EFFECTIVE DATE
      Section 4 of Pub. L. 92-516, as amended by Pub. L. 94-140, Sec.
    4, Nov. 28, 1975, 89 Stat. 752; Pub. L. 95-396, Sec. 28, Sept. 30,
    1978, 92 Stat. 842, provided that:
      "(a) Except as otherwise provided in the Federal Insecticide,
    Fungicide, and Rodenticide Act [this subchapter], as amended by
    this Act and as otherwise provided by this section, the amendments
    made by this Act [see Short Title note set out below] shall take
    effect at the close of the date of the enactment of this Act [Oct.
    21, 1972], provided if regulations are necessary for the
    implementation of any provision that becomes effective on the date
    of enactment, such regulations shall be promulgated and shall
    become effective within 90 days from the date of enactment of this
    Act.
      "(b) The provisions of the Federal Insecticide, Fungicide, and
    Rodenticide Act [this subchapter] and the regulations thereunder as
    such existed prior to the enactment of this Act shall remain in
    effect until superseded by the amendments made by this Act and
    regulations thereunder.
      "(c)(1) Two years after the enactment of this Act the
    Administrator shall have promulgated regulations providing for the
    registration and classification of pesticides under the provisions
    of this Act and thereafter shall register all new applications
    under such provisions.
      "(2) Any requirements that a pesticide be registered for use only
    by a certified applicator shall not be effective until five years
    from the date of enactment of this Act.
      "(3) A period of five years from date of enactment shall be
    provided for certification of applicators.
        "(A) One year after the enactment of this Act the Administrator
      shall have prescribed the standards for the certification of
      applicators.
        "(B) Each State desiring to certify applicators shall submit a
      State plan to the Administrator for the purpose provided by
      section 4(b).
        "(C) As promptly as possible but in no event more than one year
      after submission of a State plan, the Administrator shall approve
      the State plan or disapprove it and indicate the reasons for
      disapproval. Consideration of plans resubmitted by States shall
      be expedited.
      "(4) One year after the enactment of this Act the Administrator
    shall have promulgated and shall make effective regulations
    relating to the registration of establishments, permits for
    experimental use, and the keeping of books and records under the
    provisions of this Act.
      "(d) No person shall be subject to any criminal or civil penalty
    imposed by the Federal Insecticide, Fungicide, and Rodenticide Act,
    as amended by this Act, for any act (or failure to act) occurring
    before the expiration of 60 days after the Administrator has
    published effective regulations in the Federal Register and taken
    such other action as may be necessary to permit compliance with the
    provisions under which the penalty is to be imposed.
      "(e) For purposes of determining any criminal or civil penalty or
    liability to any third person in respect of any act or omission
    occurring before the expiration of the periods referred to in this
    section, the Federal Insecticide, Fungicide, and Rodenticide Act
    shall be treated as continuing in effect as if this Act had not
    been enacted."
                       SHORT TITLE OF 2007 AMENDMENT
      Pub. L. 110-94, Sec. 1, Oct. 9, 2007, 121 Stat. 1000, provided
    that: "This Act [amending sections 136a, 136a-1, and 136w-8 of this
    title and section 346a of Title 21, Food and Drugs, and enacting
    provisions set out as a note under section 136a of this title] may
    be cited as the 'Pesticide Registration Improvement Renewal Act'."
                       SHORT TITLE OF 2004 AMENDMENT
      Pub. L. 108-199, div. G, title V, Sec. 501(a), Jan. 23, 2004, 118
    Stat. 419, provided that: "This section [enacting section 136w-8 of
    this title, amending sections 136a, 136a-1, 136x, and 136y of this
    title, and enacting provisions set out as notes under section 136a
    of this title and section 346a of Title 21, Food and Drugs] may be
    cited as the 'Pesticide Registration Improvement Act of 2003'."
                       SHORT TITLE OF 1996 AMENDMENT
      Section 1 of Pub. L. 104-170 provided that: "This Act [enacting
    sections 136i-2, 136r-1, and 136w-5 to 136w-7 of this title,
    amending this section, sections 136a, 136a-1, 136d, 136q, 136s,
    136w, 136w-3, 136x, and 136y of this title, and sections 321, 331,
    333, 342, and 346a of Title 21, Food and Drugs, and enacting
    provisions set out as notes under section 136i-2 of this title and
    sections 301 and 346a of Title 21] may be cited as the 'Food
    Quality Protection Act of 1996'."
      [Another Food Quality Protection Act of 1996 was enacted by Pub.
    L. 104-170, title IV, 110 Stat. 1513, see section 401(a) of Pub. L.
    104-170, set out as a note under section 301 of Title 21, Food and
    Drugs.]
                       SHORT TITLE OF 1988 AMENDMENT
      Section 1(a) of Pub. L. 100-532 provided that: "This Act
    [enacting section 136a-1 of this title, amending this section and
    sections 136a to 136d, 136f to 136q, 136s, 136v to 136w-2, and 136y
    of this title, and enacting provisions set out as notes under this
    section and sections 136m and 136y of this title] may be cited as
    the 'Federal Insecticide, Fungicide, and Rodenticide Act Amendments
    of 1988'."
                       SHORT TITLE OF 1978 AMENDMENT
      Section 29 of Pub. L. 95-396 provided that: "This Act [enacting
    sections 136w-1 to 136w-4 of this title, amending this section and
    sections 136a to 136f, 136h, 136j, 136l, 136o, 136q, 136r, 136u to
    136w, 136x, and 136y of this title, enacting provisions set out as
    notes under sections 136a, 136o, and 136w-4 of this title, and
    amending provisions set out as a note under this section] may be
    cited as the 'Federal Pesticide Act of 1978'."
                                SHORT TITLE
      Section 1 of Pub. L. 92-516 provided: "That this Act [amending
    this subchapter generally, enacting notes set out under this
    section, and amending sections 1261 and 1471 of Title 15, Commerce
    and Trade, and sections 321 and 346a of Title 21, Foods and Drugs]
    may be cited as the 'Federal Environmental Pesticide Control Act of
    1972'."
      Section 1(a) of act June 25, 1947, as added by Pub. L. 92-516,
    Sec. 2, provided that: "This Act [enacting this subchapter] may be
    cited as the 'Federal Insecticide, Fungicide, and Rodenticide
    Act'."

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS

      For provisions relating to the responsibility of the head of each
    Executive agency for compliance with applicable pollution control
    standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
    set out as a note under section 4321 of Title 42, The Public Health
    and Welfare.

FOOTNOTE

    (!1) See References in Text note below.
    (!2) So in original. Period probably should not appear.
    (!3) So in original. Probably should be followed by ", or".
    (!4) So in original. No subsec. (ii) was enacted.
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