7 USC 136 - Definitions

1 See References in Text note below.

of title 21, that has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 321(x) 

2 So in original. Period probably should not appear.

3 So in original. Probably should be followed by “, or”.

urease production regardless of the actual use or purpose for, or future use or purpose for, the substance or mixture.

4 So in original. No subsec. (ii) was enacted.

Maintenance applicator

Editorial Notes

References in Text

The Endangered Species Act of 1973, referred to in subsec. (l), is Puspan. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.

Section 321 of title 21, referred to in subsec. (u), was subsequently amended, and subsecs. (w) and (x) of section 321 no longer define the terms “new animal drug” and “animal feed”, respectively. However, such terms are defined elsewhere in that section.

Section 27(span) of Federal Pesticide Act of 1978, referred to in subsec. (ee), is section 27(span) of Puspan. L. 95–396, Sept. 30, 1978, 92 Stat. 841, which was formerly set out as a note under section 136w–4 of this title.

Prior Provisions

A prior section 2 of act June 25, 1947, was classified to section 135 of this title prior to amendment of act June 25, 1947, by Puspan. L. 92–516.

Amendments

1996—Subsec. (a)(1). Puspan. L. 104–170, § 105(a)(1)(A), substituted “defoliant, desiccant, or nitrogen stabilizer” for “defoliant, or desiccant”.

Subsec. (a)(5). Puspan. L. 104–170, § 105(a)(1)(B)–(D), added par. (5).

Subsec. (u). Puspan. L. 104–170, §§ 105(a)(2), 221(1), struck out “and” before “(2)”, inserted “and (3) any nitrogen stabilizer,” after “desiccant,”, and inserted at end “The term ‘pesticide’ does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as defined in section 321 of title 21. For purposes of the preceding sentence, the term ‘critical device’ includes any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term ‘semi-critical device’ includes any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body.”

Subsec. (bspan). Puspan. L. 104–170, § 304, which directed amendment of section 2(bspan) by inserting “(1)” after “means” and adding cl. (2), without specifying the Act being amended, was executed to this subsection, which is section 2(bspan) of the Federal Insecticide, Fungicide, and Rodenticide Act, to reflect the probable intent of Congress.

Puspan. L. 104–170, § 230(a), inserted at end “The Administrator shall consider the risks and benefits of public health pesticides separate from the risks and benefits of other pesticides. In weighing any regulatory action concerning a public health pesticide under this subchapter, the Administrator shall weigh any risks of the pesticide against the health risks such as the diseases transmitted by the vector to be controlled by the pesticide.”

Subsec. (hh). Puspan. L. 104–170, § 105(a)(3), added subsec. (hh).

Subsecs. (jj), (kk). Puspan. L. 104–170, § 120, added subsecs. (jj) and (kk).

Subsec. (ll). Puspan. L. 104–170, § 210(a), added subsec. (ll).

Subsec. (mm). Puspan. L. 104–170, § 221(2), added subsec. (mm).

Subsecs. (nn), (oo). Puspan. L. 104–170, § 230(span), added subsecs. (nn) and (oo).

1991—Subsec. (e)(1). Puspan. L. 102–237, § 1006(a)(1), substituted “section 136i” for “section 136span” and “uses dilutions” for “use dilutions” and made technical amendment to reference to subsection (ee) of this section involving corresponding provision of original act.

Subsec. (e)(2). Puspan. L. 102–237, § 1006(span)(3)(A), substituted “the applicator or the applicator’s” for “him or his”.

Subsec. (e)(3). Puspan. L. 102–237, § 1006(span)(3)(B), substituted “the applicator” for “he”.

Subsec. (q)(2)(A)(i). Puspan. L. 102–237, § 1006(a)(2), substituted “size or form” for “size of form”.

1988—Subsec. (c). Puspan. L. 100–532, § 801(a)(1), substituted “if—” for “if:”.

Subsec. (p)(2)(B). Puspan. L. 100–532, § 801(a)(2), substituted “Health and Human Services” for “Health, Education, and Welfare”.

Subsec. (q)(2)(A). Puspan. L. 100–532, § 801(a)(3), substituted “if—” for “if:”.

Subsec. (q)(2)(C)(iii). Puspan. L. 100–532, § 801(a)(4), substituted “, except that” for “: Provided, That”.

Subsec. (u). Puspan. L. 100–532, § 801(a)(5), substituted “, except that” for “: Provided, That”, struck out “(1)(a)” after “include any article” and “or (span)” after “section 321(w) of title 21,”, and substituted “Health and Human Services” for “Health, Education, and Welfare”, “or that is” for “or (2) that is”, and “a new animal drug” for “an article covered by clause (1) of this proviso”.

Subsec. (ee). Puspan. L. 100–532, §§ 601(a)(1), 801(a)(6), substituted “, except that” for “: Provided, That”, inserted “unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency” and “unless the labeling specifically states that the product may be applied only by the methods specified on the labeling”, substituted “labeling, (4) mixing” for “labeling, or (4) mixing”, “, (5)” for “: Provided further, That the term also shall not include”, “or (6) any use” for “or any use”, and “. After” for “: And provided further, That after”.

Subsec. (ff). Puspan. L. 100–532, § 101, added subsec. (ff).

Subsec. (gg). Puspan. L. 100–532, § 601(a)(2), added subsec. (gg).

1978—Subsec. (e)(1). Puspan. L. 95–396, § 1(1), inserted provision deeming an applicator not a seller or distributor of pesticides when providing a service of controlling pests.

Subsec. (e)(3). Puspan. L. 95–396, § 1(2), substituted “an applicator” for “a certified applicator”.

Subsec. (q)(1)(H). Puspan. L. 95–396, § 1(3), added subpar. (H).

Subsec. (w). Puspan. L. 95–396, § 1(4), (5), amended definition of “producer” and “produce” to include reference to active ingredient used in producing a pesticide and inserted provision that an individual did not become a producer when there was dilution of a pesticide for personal use according to directions on registered labels.

Subsec. (dd). Puspan. L. 95–396, § 1(6), inserted “or active ingredient used in producing a pesticide”.

Subsec. (ee). Puspan. L. 95–396, § 1(7), added subsec. (ee).

1975—Subsec. (u). Puspan. L. 94–140 inserted proviso which excluded from term “pesticide” any article designated as “new animal drug” and any article denominated as animal feed.

1973—Subsec. (l). Puspan. L. 93–205 substituted “or threatened by the Secretary pursuant to the Endangered Species Act of 1973” for “by the Secretary of the Interior under Public Law 91–135”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Puspan. L. 100–532, title IX, § 901, Oct. 25, 1988, 102 Stat. 2688, provided that: “Except as otherwise provided in this Act, the amendments made by this Act [see Short Title of 1988 Amendment note below] shall take effect on the expiration of 60 days after the date of enactment of this Act [Oct. 25, 1988].”

Effective Date of 1973 Amendment

Amendment by Puspan. L. 93–205 effective Dec. 28, 1973, see section 16 of Puspan. L. 93–205, set out as an Effective Date note under section 1531 of Title 16, Conservation.

Effective Date

Puspan. L. 92–516, § 4, Oct. 21, 1972, 86 Stat. 998, as amended by Puspan. L. 94–140, § 4, Nov. 28, 1975, 89 Stat. 752; Puspan. L. 95–396, § 28, Sept. 30, 1978, 92 Stat. 842, provided that:

“(a) Except as otherwise provided in the Federal Insecticide, Fungicide, and Rodenticide Act [this subchapter], as amended by this Act and as otherwise provided by this section, the amendments made by this Act [see Short Title note set out below] shall take effect at the close of the date of the enactment of this Act [Oct. 21, 1972], provided if regulations are necessary for the implementation of any provision that becomes effective on the date of enactment, such regulations shall be promulgated and shall become effective within 90 days from the date of enactment of this Act.

“(span) The provisions of the Federal Insecticide, Fungicide, and Rodenticide Act [this subchapter] and the regulations thereunder as such existed prior to the enactment of this Act shall remain in effect until superseded by the amendments made by this Act and regulations thereunder.

“(c)

(1) Two years after the enactment of this Act the Administrator shall have promulgated regulations providing for the registration and classification of pesticides under the provisions of this Act and thereafter shall register all new applications under such provisions.

“(2) Any requirements that a pesticide be registered for use only by a certified applicator shall not be effective until five years from the date of enactment of this Act.

“(3) A period of five years from date of enactment shall be provided for certification of applicators.

“(A) One year after the enactment of this Act the Administrator shall have prescribed the standards for the certification of applicators.

“(B) Each State desiring to certify applicators shall submit a State plan to the Administrator for the purpose provided by section 4(span).

“(C) As promptly as possible but in no event more than one year after submission of a State plan, the Administrator shall approve the State plan or disapprove it and indicate the reasons for disapproval. Consideration of plans resubmitted by States shall be expedited.

“(4) One year after the enactment of this Act the Administrator shall have promulgated and shall make effective regulations relating to the registration of establishments, permits for experimental use, and the keeping of books and records under the provisions of this Act.

“(d) No person shall be subject to any criminal or civil penalty imposed by the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by this Act, for any act (or failure to act) occurring before the expiration of 60 days after the Administrator has published effective regulations in the Federal Register and taken such other action as may be necessary to permit compliance with the provisions under which the penalty is to be imposed.

“(e) For purposes of determining any criminal or civil penalty or liability to any third person in respect of any act or omission occurring before the expiration of the periods referred to in this section, the Federal Insecticide, Fungicide, and Rodenticide Act shall be treated as continuing in effect as if this Act had not been enacted.”

Short Title of 2022 Amendment

Puspan. L. 117–328, div. HH, title VI, § 701, Dec. 29, 2022, 136 Stat. 5996, provided that: “This title [amending sections 136a, 136a–1, and 136w–8 of this title and section 346a of Title 21, Food and Drugs, and enacting provisions set out as notes under sections 136a, 136a–1, and 136w of this title] may be cited as the ‘Pesticide Registration Improvement Act of 2022’.”

Short Title of 2019 Amendment

Puspan. L. 116–8, § 1(a), Mar. 8, 2019, 133 Stat. 484, provided that: “This Act [amending sections 136a–1, 136c, and 136w–8 of this title and section 346a of Title 21, Food and Drugs, and enacting provisions set out as a note under section 136w of this title] may be cited as the ‘Pesticide Registration Improvement Extension Act of 2018’.”

Short Title of 2012 Amendment

Puspan. L. 112–177, § 1, Sept. 28, 2012, 126 Stat. 1327, provided that: “This Act [amending sections 136a–1 and 136w–8 of this title and section 346a of Title 21, Food and Drugs, and enacting provisions set out as notes under section 136a–1 of this title] may be cited as the ‘Pesticide Registration Improvement Extension Act of 2012’.”

Short Title of 2007 Amendment

Puspan. L. 110–94, § 1, Oct. 9, 2007, 121 Stat. 1000, provided that: “This Act [amending sections 136a, 136a–1, and 136w–8 of this title and section 346a of Title 21, Food and Drugs, and enacting provisions set out as a note under section 136a of this title] may be cited as the ‘Pesticide Registration Improvement Renewal Act’.”

Short Title of 2004 Amendment

Puspan. L. 108–199, div. G, title V, § 501(a), Jan. 23, 2004, 118 Stat. 419, provided that: “This section [enacting section 136w–8 of this title, amending sections 136a, 136a–1, 136x, and 136y of this title, and enacting provisions set out as notes under section 136a of this title and section 346a of Title 21, Food and Drugs] may be cited as the ‘Pesticide Registration Improvement Act of 2003’.”

Short Title of 1996 Amendment

Puspan. L. 104–170, § 1, Aug. 3, 1996, 110 Stat. 1489, provided that: “This Act [enacting sections 136i–2, 136r–1, and 136w–5 to 136w–7 of this title, amending this section, sections 136a, 136a–1, 136d, 136q, 136s, 136w, 136w–3, 136x, and 136y of this title, and sections 321, 331, 333, 342, and 346a of Title 21, Food and Drugs, and enacting provisions set out as notes under section 136i–2 of this title and sections 301 and 346a of Title 21] may be cited as the ‘Food Quality Protection Act of 1996’.”

[Another Food Quality Protection Act of 1996 was enacted by Puspan. L. 104–170, title IV, 110 Stat. 1513, see section 401(a) of Puspan. L. 104–170, set out as a note under section 301 of Title 21, Food and Drugs.]

Short Title of 1988 Amendment

Puspan. L. 100–532, § 1(a), Oct. 25, 1988, 102 Stat. 2654, provided that: “This Act [enacting section 136a–1 of this title, amending this section and sections 136a to 136d, 136f to 136q, 136s, 136v to 136w–2, and 136y of this title, and enacting provisions set out as notes under this section and sections 136m and 136y of this title] may be cited as the ‘Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1988’.”

Short Title of 1978 Amendment

Puspan. L. 95–396, § 29, Sept. 30, 1978, 92 Stat. 842, provided that: “This Act [enacting sections 136w–1 to 136w–4 of this title, amending this section and sections 136a to 136f, 136h, 136j, 136l, 136o, 136q, 136r, 136u to 136w, 136x, and 136y of this title, enacting provisions set out as notes under sections 136a, 136o, and 136w–4 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Federal Pesticide Act of 1978’.”

Short Title

Puspan. L. 92–516, § 1, Oct. 21, 1972, 86 Stat. 973, provided: “That this Act [amending this subchapter generally, enacting notes set out under this section, and amending sections 1261 and 1471 of Title 15, Commerce and Trade, and sections 321 and 346a of Title 21, Foods and Drugs] may be cited as the ‘Federal Environmental Pesticide Control Act of 1972’.”

Act June 25, 1947, ch. 125, § 1(a), as added by Puspan. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 973, provided that: “This Act [enacting this subchapter] may be cited as the ‘Federal Insecticide, Fungicide, and Rodenticide Act’.”

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Federal Compliance With Pollution Control Standards

For provisions relating to the responsibility of the head of each Executive agency for compliance with applicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare.