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CITE

    7 USC Sec. 136i-1                                           01/05/2009

EXPCITE

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

HEAD

    Sec. 136i-1. Pesticide recordkeeping

STATUTE

    (a) Requirements
      (1) The Secretary of Agriculture, in consultation with the
    Administrator of the Environmental Protection Agency, shall require
    certified applicators of restricted use pesticides (of the type
    described under section 136a(d)(1)(C) of this title) to maintain
    records comparable to records maintained by commercial applicators
    of pesticides in each State. If there is no State requirement for
    the maintenance of records, such applicator shall maintain records
    that contain the product name, amount, approximate date of
    application, and location of application of each such pesticide
    used for a 2-year period after such use.
      (2) Within 30 days of a pesticide application, a commercial
    certified applicator shall provide a copy of records maintained
    under paragraph (1) to the person for whom such application was
    provided.
    (b) Access
      Records maintained under subsection (a) of this section shall be
    made available to any Federal or State agency that deals with
    pesticide use or any health or environmental issue related to the
    use of pesticides, on the request of such agency. Each such Federal
    agency shall conduct surveys and record the data from individual
    applicators to facilitate statistical analysis for environmental
    and agronomic purposes, but in no case may a government agency
    release data, including the location from which the data was
    derived, that would directly or indirectly reveal the identity of
    individual producers. In the case of Federal agencies, such access
    to records maintained under subsection (a) of this section shall be
    through the Secretary of Agriculture, or the Secretary's designee.
    State agency requests for access to records maintained under
    subsection (a) of this section shall be through the lead State
    agency so designated by the State.
    (c) Health care personnel
      When a health professional determines that pesticide information
    maintained under this section is necessary to provide medical
    treatment or first aid to an individual who may have been exposed
    to pesticides for which the information is maintained, upon request
    persons required to maintain records under subsection (a) of this
    section shall promptly provide record and available label
    information to that health professional. In the case of an
    emergency, such record information shall be provided immediately.
    (d) Penalty
      The Secretary of Agriculture shall be responsible for the
    enforcement of subsections (a), (b), and (c) of this section. A
    violation of such subsection shall -
        (1) in the case of the first offense, be subject to a fine of
      not more than $500; and
        (2) in the case of subsequent offenses, be subject to a fine of
      not less than $1,000 for each violation, except that the penalty
      shall be less than $1,000 if the Secretary determines that the
      person made a good faith effort to comply with such subsection.
    (e) Federal or State provisions
      The requirements of this section shall not affect provisions of
    other Federal or State laws.
    (f) Surveys and reports
      The Secretary of Agriculture and the Administrator of the
    Environmental Protection Agency, shall survey the records
    maintained under subsection (a) of this section to develop and
    maintain a data base that is sufficient to enable the Secretary and
    the Administrator to publish annual comprehensive reports
    concerning agricultural and nonagricultural pesticide use. The
    Secretary and Administrator shall enter into a memorandum of
    understanding to define their respective responsibilities under
    this subsection in order to avoid duplication of effort. Such
    reports shall be transmitted to Congress not later than April 1 of
    each year.
    (g) Regulations
      The Secretary of Agriculture and the Administrator of the
    Environmental Protection Agency shall promulgate regulations on
    their respective areas of responsibility implementing this section
    within 180 days after November 28, 1990.

SOURCE

    (Pub. L. 101-624, title XIV, Sec. 1491, Nov. 28, 1990, 104 Stat.
    3627; Pub. L. 102-237, title X, Sec. 1006(d), Dec. 13, 1991, 105
    Stat. 1896.)

CODIFICATION

      Section was enacted as part of the Conservation Program
    Improvements Act, and also as part of the Food, Agriculture,
    Conservation, and Trade Act of 1990, and not as part of the Federal
    Insecticide, Fungicide, and Rodenticide Act which comprises this
    subchapter.

AMENDMENTS

      1991 - Subsec. (a)(1). Pub. L. 102-237, Sec. 1006(d)(1), inserted
    closing parenthesis after "section 136a(d)(1)(C) of this title".
      Subsec. (d)(1). Pub. L. 102-237, Sec. 1006(d)(2), inserted "of"
    after "fine".