
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC136i]

 
                          TITLE 7--AGRICULTURE
 
       CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
 
             SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
 
Sec. 136i. Use of restricted use pesticides; applicators


(a) Certification procedure

                      (1) Federal certification

        In any State for which a State plan for applicator certification 
    has not been approved by the Administrator, the Administrator, in 
    consultation with the Governor of such State, shall conduct a 
    program for the certification of applicators of pesticides. Such 
    program shall conform to the requirements imposed upon the States 
    under the provisions of subsection (a)(2) of this section and shall 
    not require private applicators to take any examination to establish 
    competency in the use of pesticides. Prior to the implementation of 
    the program, the Administrator shall publish in the Federal Register 
    for review and comment a summary of the Federal plan for applicator 
    certification and shall make generally available within the State 
    copies of the plan. The Administrator shall hold public hearings at 
    one or more locations within the State if so requested by the 
    Governor of such State during the thirty days following publication 
    of the Federal Register notice inviting comment on the Federal plan. 
    The hearings shall be held within thirty days following receipt of 
    the request from the Governor. In any State in which the 
    Administrator conducts a certification program, the Administrator 
    may require any person engaging in the commercial application, sale, 
    offering for sale, holding for sale, or distribution of any 
    pesticide one or more uses of which have been classified for 
    restricted use to maintain such records and submit such reports 
    concerning the commercial application, sale, or distribution of such 
    pesticide as the Administrator may by regulation prescribe. Subject 
    to paragraph (2), the Administrator shall prescribe standards for 
    the certification of applicators of pesticides. Such standards shall 
    provide that to be certified, an individual must be determined to be 
    competent with respect to the use and handling of the pesticides, or 
    to the use and handling of the pesticide or class of pesticides 
    covered by such individual's certification. The certification 
    standard for a private applicator shall, under a State plan 
    submitted for approval, be deemed fulfilled by the applicator 
    completing a certification form. The Administrator shall further 
    assure that such form contains adequate information and affirmations 
    to carry out the intent of this subchapter, and may include in the 
    form an affirmation that the private applicator has completed a 
    training program approved by the Administrator so long as the 
    program does not require the private applicator to take, pursuant to 
    a requirement prescribed by the Administrator, any examination to 
    establish competency in the use of the pesticide. The Administrator 
    may require any pesticide dealer participating in a certification 
    program to be licensed under a State licensing program approved by 
    the Administrator.

                       (2) State certification

        If any State, at any time, desires to certify applicators of 
    pesticides, the Governor of such State shall submit a State plan for 
    such purpose. The Administrator shall approve the plan submitted by 
    any State, or any modification thereof, if such plan in the 
    Administrator's judgment--
            (A) designates a State agency as the agency responsible for 
        administering the plan throughout the State;
            (B) contains satisfactory assurances that such agency has or 
        will have the legal authority and qualified personnel necessary 
        to carry out the plan;
            (C) gives satisfactory assurances that the State will devote 
        adequate funds to the administration of the plan;
            (D) provides that the State agency will make such reports to 
        the Administrator in such form and containing such information 
        as the Administrator may from time to time require; and
            (E) contains satisfactory assurances that State standards 
        for the certification of applicators of pesticides conform with 
        those standards prescribed by the Administrator under paragraph 
        (1).

    Any State certification program under this section shall be 
    maintained in accordance with the State plan approved under this 
    section.

(b) State plans

    If the Administrator rejects a plan submitted under subsection 
(a)(2) of this section, the Administrator shall afford the State 
submitting the plan due notice and opportunity for hearing before so 
doing. If the Administrator approves a plan submitted under subsection 
(a)(2) of this section, then such State shall certify applicators of 
pesticides with respect to such State. Whenever the Administrator 
determines that a State is not administering the certification program 
in accordance with the plan approved under this section, the 
Administrator shall so notify the State and provide for a hearing at the 
request of the State, and, if appropriate corrective action is not taken 
within a reasonable time, not to exceed ninety days, the Administrator 
shall withdraw approval of such plan.

(c) Instruction in integrated pest management techniques

    Standards prescribed by the Administrator for the certification of 
applicators of pesticides under subsection (a) of this section, and 
State plans submitted to the Administrator under subsection (a) of this 
section, shall include provisions for making instructional materials 
concerning integrated pest management techniques available to 
individuals at their request in accordance with the provisions of 
section 136u(c) of this title, but such plans may not require that any 
individual receive instruction concerning such techniques or to be shown 
to be competent with respect to the use of such techniques. The 
Administrator and States implementing such plans shall provide that all 
interested individuals are notified on the availability of such 
instructional materials.

(d) In general

    No regulations prescribed by the Administrator for carrying out the 
provisions of this subchapter shall require any private applicator to 
maintain any records or file any reports or other documents.

(e) Separate standards

    When establishing or approving standards for licensing or 
certification, the Administrator shall establish separate standards for 
commercial and private applicators.

(June 25, 1947, ch. 125, Sec. 11, formerly Secs. 4, 11, as added Pub. L. 
92-516, Sec. 2, Oct. 21, 1972, 86 Stat. 983, 989; amended Pub. L. 94-
140, Secs. 5, 11, Nov. 28, 1975, 89 Stat. 753, 754; Pub. L. 95-396, 
Sec. 9, Sept. 30, 1978, 92 Stat. 827; Pub. L. 100-532, title VIII, 
Sec. 801(c), (q)(1)(A)-(C), Oct. 25, 1988, 102 Stat. 2681, 2683; Pub. L. 
102-237, title X, Sec. 1006(a)(6), (b)(1), (2), (3)(K), Dec. 13, 1991, 
105 Stat. 1895, 1896.)

                          Codification

    Pub. L. 100-532, Sec. 801(q)(1)(A), transferred subsecs. (a) to (c) 
of section 4 of act June 25, 1947, which was classified to section 136b 
of this title, to subsecs. (a) to (c) of this section.


                            Prior Provisions

    A prior section 11 of act June 25, 1947, was classified to section 
135i of this title prior to amendment of act June 25, 1947, by Pub. L. 
92-516.


                               Amendments

    1991--Pub. L. 102-237, Sec. 1006(a)(6)(A), substituted 
``applicators'' for ``appplicators'' in section catchline.
    Subsec. (a)(1). Pub. L. 102-237, Sec. 1006(b)(3)(K), substituted 
``the applicator'' for ``his'' in ninth sentence and ``the 
Administrator'' for ``him'' before period at end.
    Subsec. (a)(2). Pub. L. 102-237, Sec. 1006(b)(2), substituted ``the 
Administrator's'' for ``his'' in introductory provisions.
    Subsec. (b). Pub. L. 102-237, Sec. 1006(a)(6)(B), (b)(1), 
substituted ``subsection (a)(2) of this section'' for ``this paragraph'' 
in two places and ``the Administrator'' for ``he'' before ``shall 
afford'' and before ``shall so notify''.
    Subsec. (c). Pub. L. 102-237, Sec. 1006(a)(6)(C), substituted 
``subsection (a)'' for ``subsections (a) and (b)'' after ``Administrator 
under''.
    1988--Pub. L. 100-532, Sec. 801(q)(1)(A), (C), substituted section 
catchline for one which read: ``Standards applicable to pesticide 
applicators'', redesignated subsecs. (a) and (b) as (d) and (e), 
respectively, and transferred subsecs. (a) to (c) of section 136b of 
this title to subsecs. (a) to (c), respectively, of this section.
    Subsec. (a)(1). Pub. L. 100-532, Sec. 801(c), substituted 
``pesticides. Such program'' for ``pesticides: Provided, That such 
program'' and ``certification. The certification'' for ``certification: 
Provided, however, That the certification''.
    1978--Subsec. (a)(1). Pub. L. 95-396 required that, in any State 
without a State plan for applicator certification approved by the 
Administrator, the Administrator, in consultation with the Governor of 
the State, shall conduct a program for the certification of applicators 
of pesticides under a Federal plan for applicator certification, and 
also that in such a State records be maintained and reports submitted by 
persons engaged in commercial application, sale or distribution of 
pesticides classified for restricted use.
    1975--Subsec. (a)(1). Pub. L. 94-140, Sec. 5, inserted proviso 
relating to Administrator's powers and duties with respect to the 
certification forms and requirement for pesticide dealers participating 
in certification program.
    Subsec. (c). Pub. L. 94-140, Sec. 11, added subsec. (c).


                    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, 136c, 136j, 136q, 136w-
1 of this title.
