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CITE

    7 USC Sec. 136w-7                                           01/05/2009

EXPCITE

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

HEAD

    Sec. 136w-7. Department of Agriculture minor use program

STATUTE

    (a) In general
      The Secretary of Agriculture (hereinafter in this section
    referred to as the "Secretary") shall assure the coordination of
    the responsibilities of the Department of Agriculture related to
    minor uses of pesticides, including -
        (1) carrying out the Inter-Regional Project Number 4 (IR-4) as
      described in section 450i of this title and the national
      pesticide resistance monitoring program established under section
      1651 (!1) of the Food, Agriculture, Conservation, and Trade Act
      of 1990 (7 U.S.C. 5882);
        (2) supporting integrated pest management research;
        (3) consulting with growers to develop data for minor uses; and
        (4) providing assistance for minor use registrations,
      tolerances, and reregistrations with the Environmental Protection
      Agency.
    (b) Minor use pesticide data and revolving fund
      (1) Minor use pesticide data
        (A) Grant authority
          The Secretary, in consultation with the Administrator, shall
        establish a program to make grants for the development of data
        to support minor use pesticide registrations and
        reregistrations. The amount of any such grant shall not exceed
        1/2  of the cost of the project for which the grant is made.
        (B) Applicants
          Any person who wants to develop data to support minor use
        pesticide registrations and reregistrations may apply for a
        grant under subparagraph (A). Priority shall be given to an
        applicant for such a grant who does not directly receive funds
        from the sale of pesticides registered for minor uses.
        (C) Data ownership
          Any data that is developed under a grant under subparagraph
        (A) shall be jointly owned by the Department of Agriculture and
        the person who received the grant. Such a person shall enter
        into an agreement with the Secretary under which such person
        shall share any fee paid to such person under section
        136a(c)(1)(F) of this title.
      (2) Minor Use Pesticide Data Revolving Fund
        (A) Establishment
          There is established in the Treasury of the United States a
        revolving fund to be known as the Minor Use Pesticide Data
        Revolving Fund. The Fund shall be available without fiscal year
        limitation to carry out the authorized purposes of this
        subsection.
        (B) Contents of the Fund
          There shall be deposited in the Fund -
            (i) such amounts as may be appropriated to support the
          purposes of this subsection; and
            (ii) fees collected by the Secretary for any data developed
          under a grant under paragraph (1)(A).
        (C) Authorizations of appropriations
          There are authorized to be appropriated for each fiscal year
        to carry out the purposes of this subsection $10,000,000 to
        remain available until expended.

SOURCE

    (June 25, 1947, ch. 125, Sec. 32, as added Pub. L. 104-170, title
    II, Sec. 210(j), Aug. 3, 1996, 110 Stat. 1501.)

REFERENCES IN TEXT

      Section 1651 of the Food, Agriculture, Conservation, and Trade
    Act of 1990, referred to in subsec. (a)(1), was classified to
    section 5882 of this title prior to repeal by Pub. L. 104-127,
    title VIII, Sec. 862(a), Apr. 4, 1996, 110 Stat. 1174.

FOOTNOTE

    (!1) See References in Text note below.