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1. Short title and table of contents

Act of June 25, 1947
Chapter 125

AN ACT

To regulate the marketing of economic poisons and devices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. [prec. 121] SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.- This Act may be cited as the "Federal Insecticide, Fungicide, and Rodenticide Act".
(b) TABLE OF CONTENTS.-

Section 1. Short title and table of contents.

(a) Short title.
(b) Table of contents.

Sec. 2. Definitions.

(a) Active ingredient.
(b) Administrator.
(c) Adulterated.
(d) Animal.
(e) Certified applicator, etc.

(1) Certified applicator.
(2) Private applicator.
(3) Commercial applicator.
(4) Under the direct supervision of a certified applicator.

(f) Defoliant.
(g) Desiccant.
(h) Device.
(i) District court.
(j) Environment.
(k) Fungus.
(l) Imminent hazard.
(m) Inert ingredient.
(n) Ingredient statement.
(o) Insect.
(p) Label and labeling.

(1) Label.
(2) Labeling.

(q) Misbranded.
(r) Nematode.
(s) Person.
(t) Pest.
(u) Pesticide.
(v) Plant regulator.
(w) Producer and produce.
(x) Protect health and the environment.
(y) Registrant.
(z) Registration.
(aa) State.
(bb) Unreasonable adverse effects on the environment.
(cc) Weed.
(dd) Establishment.
(ee) To use any registered pesticide in a manner inconsistent with its labeling.
(ff) Outstanding data requirement.
(gg) To distribute or sell.

Sec. 3. Registration of pesticides.

(a) Requirement of registration.
(b) Exemptions.
(c) Procedure for registration.

(1) Statement required.
(2) Data in support of registration.
(3) Time for acting with respect to application.
(4) Notice of application.
(5) Approval of registration.
(6) Denial of registration.
(7) Registration under special circumstances.
(8) Interim administrative review.

(d) Classification of pesticides.

(1) Classification for general use, restricted use, or both.
(2) Change in classification.
(3) Change in classification from restricted use to general use.

(e) Products with same formulation and claims.
(f) Miscellaneous.

(1) Effect of change of labeling or formulation.
(2) Registration not a defense.
(3) Authority to consult other Federal agencies.

Sec. 4. Reregistration of registered pesticides.

(a) General rule.
(b) Reregistration phases.
(c) Phase one.

(1) Priority for reregistration.
(2) Reregistration lists.
(3) Judicial review.
(4) Notice to registrants.

(d) Phase two.

(1) In general.
(2) Notice of intent to seek or not to seek reregistration.
(3) Missing or inadequate data.
(4) Time periods.
(5) Cancellation and removal.
(6) Suspensions and penalties.

(e) Phase three.

(1) Information about studies.
(2) Time periods.
(3) Cancellation.
(4) Guidelines.
(5) Monitoring.

(f) Phase four.

(1) Independent review and identification of outstanding data requirements.
(2) Time periods.
(3) Suspensions and penalties.

(g) Phase five.

(1) Data review.
(2) Reregistration and other actions.

(h) Compensation of data submitter.
(i) Fees.

(1) Initial fee for food or feed use pesticide active ingredients.
(2) Final fee for food or feed use pesticide active ingredients.
(3) Fees for other pesticide active ingredients.
(4) Reduction or waiver of fees for minor use and other pesticides.
(5) Maintenance fee.
(6) Other fees.
(7) Apportionment.

(j) Exemption of certain registrants.
(k) Reregistration and expedited processing fund.

(1) Establishment.
(2) Source and use.
(3) Expedited processing of similar applications.
(4) Unused funds.
(5) Accounting.

(l) Judicial review.

Sec. 5. Experimental use permits.

(a) Issuance.
(b) Temporary tolerance level.
(c) Use under permit.
(d) Studies.
(e) Revocation
(f) State issuance of permits.
(g) Exemption for agricultural research agencies.

Sec. 6. Administrative review; suspension.

(a) Cancellation after five years.

(1) Procedure.
(2) Information.

(b) Cancellation and change in classification or labels.
(c) Suspension.

(1) Order.
(2) Expedite hearing.
(3) Emergency order.
(4) Judicial review.

(d) Public hearings and scientific review.
(e) Conditional registration.
(f) General provisions.

(1) Voluntary cancellation.
(2) Publication of notice.

(g) Notice for stored pesticides with canceled or suspended registrations.

(1) In general.
(2) Copies.

(h) Judicial review.

Sec. 7. Registration of establishments.

(a) Requirements.
(b) Registration.
(c) Information required.
(d) Confidential records and information.

Sec. 8. Records.

(a) Requirement.
(b) Inspection.

Sec. 9. Inspection of establishments, etc.

(a) In general.
(b) Warrants.
(c) Enforcement.

(1) Certification of facts to Attorney General.
(2) Notice not required.
(3) Warning notices.

Sec. 10. Protection of trade secrets and other information.

(a) In general.
(b) Disclosure.
(c) Disputes.
(d) Limitations.
(e) Disclosure to contractors.
(f) Penalty for disclosure by Federal employees.
(g) Disclosure to foreign and multinational pesticide producers.

Sec. 11. Use of restricted use pesticides; applicators.

(a) Certification procedure.

(1) Federal certification.
(2) State certification.

(b) State plans.
(c) Instruction in integrated pest management techniques.
(d) In general.
(e) Separate standards.

Sec. 12. Unlawful acts.

(a) In general.
(b) Exemptions.

Sec. 13. Stop sale, use, removal, and seizure.

(a) Stop sale, etc., orders.
(b) Seizure.
(c) Disposition after condemnation.
(d) Court costs, etc.

Sec. 14. Penalties.

(a) Civil penalties.

(1) In general.
(2) Private applicator.
(3) Hearing.
(4) Determination of penalty.
(5) References to Attorney General.

(b) Criminal penalties.

(1) In general.
(2) Private applicator.
(3) Disclosure of information.
(4) Acts of officers, agents, etc.

Sec. 15. Indemnities.

(a) General indemnification.

(1) In general.
(2) Exception.
(3) Report.
(4) Appropriation.

(b) Indemnification of end users, dealers, and distributors.

(1) End users.
(2) Dealers and distributors.
(3) Source.
(4) Administrative settlement.

(1) In general.
(2) Special rule.

Sec. 16. Administrative procedure; judicial review.

(a) District court review.
(b) Review by Court of Appeals.
(c) Jurisdiction of district courts.
(d) Notice of judgments.

Sec. 17. Imports and exports.

(a) Pesticides and devices intended for export.
(b) Cancellation notices furnished to foreign governments.
(c) Importation of pesticides and devices.
(d) Cooperation in international efforts.
(e) Regulations.

Sec. 18. Exemption of Federal and State agencies.
Sec. 19. Storage, disposal, transportation, and recall.

(a) Storage, disposal, and transportation.

(1) Data requirements and registration of pesticides.
(2) Pesticides.
(3) Containers, rinsates, and other materials.

(b) Recalls.

(1) In general.
(2) Voluntary recall.
(3) Mandatory recall.
(4) Recall procedure.
(5) Contents of recall plan.
(6) Requirements or procedures.

(1) Submission of plan.
(2) Reimbursement.

(d) Administration of storage, disposal, transportation, and recall programs.

(1) Voluntary agreements.
(2) Rule and regulation review.
(3) Limitations.
(4) Seizure and penalties.

(e) Container design.

(1) Procedures.
(2) Compliance.

(f) Pesticide residue removal.

(1) Procedures.
(2) Compliance.
(3) Solid Waste Disposal Act.

(g) Pesticide container study.

(1) Study.
(2) Report.

(h) Relationship to Solid Waste Disposal Act.

Sec. 20. Research and monitoring.

(a) Research.
(b) National monitoring plan.
(c) Monitoring.

Sec. 21. Solicitation of comments; notice of public hearings.

(a) Secretary of Agriculture.
(b) Views.
(c) Notice.

Sec. 22. Delegation and cooperation.

(a) Delegation.
(b) Cooperation.

Sec. 23. State cooperation, aid, and training.

(a) Cooperative agreements.
(b) Contracts for training.
(c) Information and education.

Sec. 24. Authority of States.

(a) In general.
(b) Uniformity.
(c) Additional uses.

Sec. 25. Authority of Administrator.

(a) In General.

(1) Regulations.
(2) Procedure.
(3) Congressional committees.
(4) Congressional review of regulations.

(b) Exemption of pesticides.
(c) Other authority.
(d) Scientific advisory panel.

Sec. 26. State primary enforcement responsibility.

(a) In general.
(b) Special rules.
(c) Administrator.

Sec. 27. Failure by the State to assure enforcement of State pesticide use regulations.

(a) Referral.
(b) Notice.
(c) Construction.

Sec. 28. Identification of pests; cooperation with Department of Agriculture's program.
Sec. 29. Annual report.
Sec. 30. Severability.
Sec. 31. Authorization for appropriations.