All Agencies, Latest Month		All Agencies, Current FY		Geographic Distribution of Convictions for All Agencies, FY 20
	13,080 Prosecutions in 20		158,299 Prosecutions in Fiscal Year 20
	12,446 Convictions in 20		139,476 Convictions in Fiscal Year 20

CITE

    7 USC Sec. 136v                                             01/05/2009

EXPCITE

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

HEAD

    Sec. 136v. Authority of States

STATUTE

    (a) In general
      A State may regulate the sale or use of any federally registered
    pesticide or device in the State, but only if and to the extent the
    regulation does not permit any sale or use prohibited by this
    subchapter.
    (b) Uniformity
      Such State shall not impose or continue in effect any
    requirements for labeling or packaging in addition to or different
    from those required under this subchapter.
    (c) Additional uses
      (1) A State may provide registration for additional uses of
    federally registered pesticides formulated for distribution and use
    within that State to meet special local needs in accord with the
    purposes of this subchapter and if registration for such use has
    not previously been denied, disapproved, or canceled by the
    Administrator. Such registration shall be deemed registration under
    section 136a of this title for all purposes of this subchapter, but
    shall authorize distribution and use only within such State.
      (2) A registration issued by a State under this subsection shall
    not be effective for more than ninety days if disapproved by the
    Administrator within that period. Prior to disapproval, the
    Administrator shall, except as provided in paragraph (3) of this
    subsection, advise the State of the Administrator's intention to
    disapprove and the reasons therefor, and provide the State time to
    respond. The Administrator shall not prohibit or disapprove a
    registration issued by a State under this subsection (A) on the
    basis of lack of essentiality of a pesticide or (B) except as
    provided in paragraph (3) of this subsection, if its composition
    and use patterns are similar to those of a federally registered
    pesticide.
      (3) In no instance may a State issue a registration for a food or
    feed use unless there exists a tolerance or exemption under the
    Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] that
    permits the residues of the pesticides on the food or feed. If the
    Administrator determines that a registration issued by a State is
    inconsistent with the Federal Food, Drug, and Cosmetic Act, or the
    use of, a pesticide under a registration issued by a State
    constitutes an imminent hazard, the Administrator may immediately
    disapprove the registration.
      (4) If the Administrator finds, in accordance with standards set
    forth in regulations issued under section 136w of this title, that
    a State is not capable of exercising adequate controls to assure
    that State registration under this section will be in accord with
    the purposes of this subchapter or has failed to exercise adequate
    controls, the Administrator may suspend the authority of the State
    to register pesticides until such time as the Administrator is
    satisfied that the State can and will exercise adequate controls.
    Prior to any such suspension, the Administrator shall advise the
    State of the Administrator's intention to suspend and the reasons
    therefor and provide the State time to respond.

SOURCE

    (June 25, 1947, ch. 125, Sec. 24, as added Pub. L. 92-516, Sec. 2,
    Oct. 21, 1972, 86 Stat. 997; amended Pub. L. 95-396, Sec. 22, Sept.
    30, 1978, 92 Stat. 835; Pub. L. 100-532, title VIII, Sec. 801(m),
    Oct. 25, 1988, 102 Stat. 2682.)

REFERENCES IN TEXT

      The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
    (c)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
    which is classified generally to chapter 9 (Sec. 301 et seq.) of
    Title 21, Food and Drugs. For complete classification of this Act
    to the Code, see section 301 of Title 21 and Tables.

AMENDMENTS

      1988 - Pub. L. 100-532, Sec. 801(m), inserted headings for
    subsecs. (a) to (c) and realigned margins of pars. (1) to (4) of
    subsec. (c).
      1978 - Subsec. (a). Pub. L. 95-396 inserted "federally
    registered" before "pesticide or device".
      Subsec. (b). Pub. L. 95-396 substituted "labeling or packaging"
    and "required under" for "labeling and packaging" and "required
    pursuant to", respectively.
      Subsec. (c)(1). Pub. L. 95-396 incorporated existing text in
    provisions designated par. (1) and substituted "registration for
    additional uses of federally registered pesticides" for
    "registration for pesticides".
      Subsec. (c)(2). Pub. L. 95-396 incorporated existing text in
    provisions designated par. (2), conditioned disapproval of
    registration on communication of intention to disapprove and
    reasons for disapproval and provision for time to respond, and
    restricted authority of Administrator to prohibit or disapprove a
    State registration.
      Subsec. (c)(3). Pub. L. 95-396 added par. (3).
      Subsec. (c)(4). Pub. L. 95-396 incorporated existing text in
    provisions designated par. (4) and authorized suspension of
    registration authority of the State based on findings of inability
    or failure to exercise adequate controls following an indication of
    intention to suspend and reasons for the suspension and provision
    for time to respond.
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-532 effective on expiration of 60 days
    after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as
    a note under section 136 of this title.
                              EFFECTIVE DATE
      For effective date of section, see section 4 of Pub. L. 92-516,
    set out as a note under section 136 of this title.