* Act of June 25, 1947 (P.L. 80-104, 61 Stat. 63, as amended;
7 U.S.C. 136(note), 136, 136b, 136i-m, 136p)
Sec. 1. (a) Short Title.-This Act may be cited as the
"Federal Insecticide, Fungicide, and Rodenti-cide Act".
(7 U.S.C. 136(note))
Definitions
Sec. 2. For purposes of this Act-
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(e) Certified Applicator, etc.-
(1) Certified Applicator.-The term "certified applicator" means any individual who is certified un-der section 4 as authorized to use or supervise the use of any pesticide which is classified for restricted use. Any applicator who holds or applies registered pesticides, or uses dilu-tions of registered pesticides consis-tent with section 2 (ee) of this Act, only to provide a service of control-ling pests without delivering any unapplied pesticide to any person so served is not deemed to be a seller or distributor of pesticides under this Act.
(2) Private Applicator.-The term "private applicator" means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or (if applied without compensation other than trading of personal services between producers of agricultural commod-ities) on the property of another person.
(3) Commercial Applicator.-The term "commercial appli-cator" means an applicator (whether or not he is a private ap-plicator with re-spect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (2).
(4) Under the Direct Supervi-sion of a Certified Appli-cator.-
Unless otherwise pre-scribed by its labeling, a pesticide shall
be consid-ered to be applied under the direct supervision of a
certified applicator if it is applied by a com-petent per-son
acting under the in-structions and control of a certi-fied applicator
who is available if and when needed, even though such certified
appli-cator is not physically present at the time and place the
pesticide is applied.
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(t) Pest.-The term "pest" means-
(1) any insect, rodent, nema-tode, fungus, weed, or
(2) any other form of terres-trial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living man or other living animals which the Administra-tor declares to be a pest under section 25 (c)(1).
(u) Pesticide.-The term "pesti-cide" means-
(1) any substance or mixture of substances intended for prevent-ing, destroying, repelling, ormiti-gat-ing any pest, and
(2) any sub-stance or mixture of substances intended for use
as a plant regulator, defoliant, or desic-cant: Provided, That
the term "pes-ticide" shall not include any article
(1)(a) that is a "new animal drug" within the mean-ing
of section 201(w) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(w)), or (b) that has been deter-mined by the Secretary
of Health, Education, and Welfare not to be a new animal drug
by a regu-lation establishing conditions of use for the article,
or (2) that is an ani-mal feed within the meaning of section 201(x)
of such Act (21 U.S.C. 321(x)) bearing or containing an article
covered by clause (1) of this proviso. (7 U.S.C. 136)
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Use of Restricted Use Pesticides; Certified Applicators
Sec. 4. (a) Certification Proce-dure.-
(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 certifica-tion of applicators
of pesticides: Provided, That such program shall conform to the
requirements im-posed upon the States under the provisions of
subsection (a) (2) of this section and shall not require private
applicators to take any ex-amination 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 with-in 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 invit-ing 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 re-stricted 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 pesticides,
or to the use and han-dling of the pesticide or class of pesticide
covered by such individual's certification: Provided, however,
That the certification stan-dard for a private applicator shall
under a State plan submitted for approval be deemed fulfilled
by his completing a certification form. The Administrator shall
further assure that such form contains ade-quate information and
affirmations to carry out the intent of this Act, and may include
in the form an affirmation that the private applica-tor has completed
a training pro-gram approved by the Adminis-trator 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 pesti-cide dealer participating in a certifi-cation
program to be licensed under a State licensing program approved
by him.
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(c) Instruction in Integrated Pest Management Techniques. Standards
prescribed by the Administrator for the certification of applicators
of pesticides under subsection (a), and State plans submitted
to the Admin-istra-tor under subsections (a) and (b), 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 23(c) of this Act,
but such plans may not require that any individual receive instruc-tion
concerning such tech-niques or be shown to be competent with respect
to the use of such tech-niques. The Administrator and States
implementing such plans shall provide that all interested individu-als
are notified of the availability of such instrumental materials.
(7 U.S.C. 136b)
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Standards Applicable to Pesticide Applicators
Sec. 11. (a) In General.-No regulation prescribed by the Admin-istrator for carrying out the provi-sions of this Act shall require any private applicator to maintain any records or file any reports or other documents.
(b) Separate Standards.-When establishing or approving standards
for licensing or certification, the Administrator shall establish
sepa-rate standards for commercial and private applicators. (7
U.S.C. 136i)
Unlawful Acts
Sec. 12. (a) In General.-
(2) It shall be unlawful for any person-
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(F) to make available for use, or to use, any registered pesti-cide classified for restricted use of some or all purposes other than in accordance with section 3(d) and any regulations thereunder: Provid-ed, That it shall not be unlawful to sell, under regulations issued by the Administrator, a restricted use pesti-cide to a person who is not a certi-fied applicator for application by a certified applicator;
(G) to use any registered pesticide in a manner inconsistent with its labeling;
(H) to use any pesticide which is under an experimental use permit contrary to the provisions of such permit;
(I) to violate any order issued under section 13;
(b) Exemptions.-The penalties provided for a violation of para-graph (1) of subsection (a) shall not apply to-
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(3) any public official while engaged in the performance of
his official duties: (7 U.S.C. 136j)
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Stop Sale, Use, Removal, and Seizure
Sec. 13. (a) Stop Sale, Etc., Orders.-Whenever any pesticide
or device is found by the Administrator in any State and there
is reason to believe on the basis of inspection or tests that
such pesticide or device is in violation of any of the provisions
of this Act, or that such pesticide or device has been or is intended
to be distributed or sold in violation of any such provisions,
or when the registration of the pesticide has been canceled by
a final order or has been suspended, the Administrator may issue
a written or printed "stop sale, use, or removal" order
to any person who owns, controls, or has custody of such pesticide
or device, and after receipt of such order no person shall sell,
use, or remove the pesticide or device described in the order
except in accordance with the provisions of the order. (7 U.S.C.
136k)
Penalties
Sec. 14. (a) Civil Penalties.-
(1) In General.-Any regis-trant, commer-cial applicator, whole-saler, dealer, retailer, or other dis-tributor who violates any provision of this Act may be assessed a civil penalty by the Administrator of not more than $5,000 for each offense.
(2) Private Applicator.-Any private applicator or other person not included in paragraph (1) who violates any provision of this Act subsequent to receiving a written warning from the Administrator or following a citation for a prior vio-lation, may be assessed a civil pen-alty by the Administrator of not more than $1,000 for each offense: Provided, That any applicator not included under paragraph (1) of this subsection who holds or applies registered pesticides, or uses dilu-tions of registered pesticides, only to provide a service of controlling pests without delivering any unap-plied pesticide to any person so served, and who violates any provi-sion of this Act may be assessed a civil penalty by the Administra-tor of not more than $500 for the first offense nor more than $1,000 for each subsequent offense.
(b)(1) In General.-Any regis-trant, commercial applicator, whole-saler, dealer, retailer, or other dis-tributor who knowingly violates any provision of this Act shall be guilty of a misdemeanor and shall on conviction be fined not more than $25,000, or imprisoned for not more than one year, or both.
(2) Private Applicator.-Any private applicator or other person not included in paragraph (1) who knowingly violates any provision of this Act shall be guilty of a misde-meanor and shall on conviction be fined not more than $1,000, or imprisoned for not more than 30 days, or both.
(3) Disclosure of Informa-tion.-Any person, who, with intent to defraud, uses or reveals information relative to formulas of products required under the authority of section 3, shall be fined not more than $10,000, or impris-oned for not more than three years, or both.
(4) Acts of Officers, Agents, Etc.-When construing and enforc-ing
the provisions of this Act, the act, omission, or failure of any
officer, agent, or other person acting for or employed by any
person shall in every case be also deemed to be the act, omission,
or failure of such person as well as that of the person employed.
(7 U.S.C. 136l)
Indemnities
Sec. 15. (a) Requirement.-If-
(1) the Administrator notifies a registrant that he has suspended the registration of a pesticide be-cause such action is necessary to prevent an imminent hazard;
(2) the registration of the pesti-cide is canceled as a result of a final determination that the use of such pesticide will create an imminent hazard; and
(3) any person who owned any quantity of such pesticideimmedi-ately before the notice to the regis-trant under paragraph (1) suf-fered losses by reason of suspension or cancellation of the registration, the Administrator shall make an indem-nity payment to such person, unless the Administrator finds that such person (i) had knowledge of facts which, in themselves, would have shown that such pesticide did not meet the requirements of section 3(c)(5) for registration, and (ii) continued thereafter to produce such pesticide without giving timely notice of such facts to the Adminis-tra-tor.
(b)(1) In General.-The amount of the indemnity payment under subsection (a) to any person shall be determined on the basis of the cost of the pesticide owned by such person immediately before the notice to the registrant referred to in subsection (a) (1); except that in no event shall an indemnity payment to any person exceed the fair market value of the pesticide owned by such person immediately before the notice referred to in subsection (a)(1).
(2) Special Rule.-Notwith-stan-ding any other provision of this
Act, the Adminis-trator may provide a reason-able time for use
or other disposal of such pesticide. In deter-mining the quan-tity
of any pesticide for which in-demnity shall be paid under this
subsection, proper adjust-ment shall be made for any pesti-cide
used or otherwise disposed of by such own-er. (7 U.S.C. 136m)
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Exemption of Federal Agencies
Sec. 18. The Administrator may, at his discretion, exempt any Feder-al or State agency from any provi-sion of this Act if he determines that emergency conditions exist which require such exemption.
The Administrator, in determining whether or not such emergency
conditions exist, shall consult with the Secretary of Agriculture
and the Governor of any State concerned if they request such determination.
(7 U.S.C. 136p)