
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC136c]

 
                          TITLE 7--AGRICULTURE
 
       CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
 
             SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
 
Sec. 136c. Experimental use permits


(a) Issuance

    Any person may apply to the Administrator for an experimental use 
permit for a pesticide. The Administrator shall review the application. 
After completion of the review, but not later than one hundred and 
twenty days after receipt of the application and all required supporting 
data, the Administrator shall either issue the permit or notify the 
applicant of the Administrator's determination not to issue the permit 
and the reasons therefor. The applicant may correct the application or 
request a waiver of the conditions for such permit within thirty days of 
receipt by the applicant of such notification. The Administrator may 
issue an experimental use permit only if the Administrator determines 
that the applicant needs such permit in order to accumulate information 
necessary to register a pesticide under section 136a of this title. An 
application for an experimental use permit may be filed at any time.

(b) Temporary tolerance level

    If the Administrator determines that the use of a pesticide may 
reasonably be expected to result in any residue on or in food or feed, 
the Administrator may establish a temporary tolerance level for the 
residue of the pesticide before issuing the experimental use permit.

(c) Use under permit

    Use of a pesticide under an experimental use permit shall be under 
the supervision of the Administrator, and shall be subject to such terms 
and conditions and be for such period of time as the Administrator may 
prescribe in the permit.

(d) Studies

    When any experimental use permit is issued for a pesticide 
containing any chemical or combination of chemicals which has not been 
included in any previously registered pesticide, the Administrator may 
specify that studies be conducted to detect whether the use of the 
pesticide under the permit may cause unreasonable adverse effects on the 
environment. All results of such studies shall be reported to the 
Administrator before such pesticide may be registered under section 136a 
of this title.

(e) Revocation

    The Administrator may revoke any experimental use permit, at any 
time, if the Administrator finds that its terms or conditions are being 
violated, or that its terms and conditions are inadequate to avoid 
unreasonable adverse effects on the environment.

(f) State issuance of permits

    Notwithstanding the foregoing provisions of this section, the 
Administrator shall, under such terms and conditions as the 
Administrator may by regulations prescribe, authorize any State to issue 
an experimental use permit for a pesticide. All provisions of section 
136i of this title relating to State plans shall apply with equal force 
to a State plan for the issuance of experimental use permits under this 
section.

(g) Exemption for agricultural research agencies

    Notwithstanding the foregoing provisions of this section, the 
Administrator may issue an experimental use permit for a pesticide to 
any public or private agricultural research agency or educational 
institution which applies for such permit. Each permit shall not exceed 
more than a one-year period or such other specific time as the 
Administrator may prescribe. Such permit shall be issued under such 
terms and conditions restricting the use of the pesticide as the 
Administrator may require. Such pesticide may be used only by such 
research agency or educational institution for purposes of 
experimentation.

(June 25, 1947, ch. 125, Sec. 5, as added Pub. L. 92-516, Sec. 2, Oct. 
21, 1972, 86 Stat. 983; amended Pub. L. 94-140, Sec. 10, Nov. 28, 1975, 
89 Stat. 754; Pub. L. 95-396, Sec. 10, Sept. 30, 1978, 92 Stat. 828; 
Pub. L. 100-532, title VIII, Sec. 801(d), (q)(1)(D), Oct. 25, 1988, 102 
Stat. 2681, 2683; Pub. L. 102-237, title X, Sec. 1006(b)(1), Dec. 13, 
1991, 105 Stat. 1895.)


                            Prior Provisions

    A prior section 5 of act June 25, 1947, was classified to section 
135c of this title prior to amendment of act June 25, 1947, by Pub. L. 
92-516.


                               Amendments

    1991--Subsecs. (b), (e), (f). Pub. L. 102-237 substituted ``the 
Administrator'' for ``he'' before ``may'' in subsec. (b), before 
``finds'' in subsec. (e), and before ``may'' in subsec. (f).
    1988--Subsec. (f). Pub. L. 100-532, Sec. 801(q)(1)(D), substituted 
``136i'' for ``136b''.
    Subsec. (g). Pub. L. 100-532, Sec. 801(d), substituted ``require. 
Such pesticide'' for ``require: Provided, That such pesticide''.
    1978--Subsec. (a). Pub. L. 95-396, Sec. 10(1), provided for review 
of application, issuance or nonissuance of experimental use permit 
within prescribed period including reasons for denial, correction of 
application, and waiver of conditions and substituted provision for 
filing an application for experimental use permit at any time for prior 
provision for filing at the time of or before or after an application 
for registration is filed.
    Subsec. (f). Pub. L. 95-396, Sec. 10(2), substituted in first 
sentence ``shall'' for ``may'' where first appearing.
    1975--Subsec. (g). Pub. L. 94-140 added subsec. (g).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 136, 136a, 136j of this 
title.
