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U.S. Code as of:
01/03/05
Section 136q. Storage, disposal, transportation, and recall
(a) Storage, disposal, and transportation
(1) Data requirements and registration of pesticides
The Administrator may require under section 136a or 136d of
this title that -
(A) the registrant or applicant for registration of a
pesticide submit or cite data or information regarding methods
for the safe storage and disposal of excess quantities of the
pesticide to support the registration or continued registration
of a pesticide;
(B) the labeling of a pesticide contain requirements and
procedures for the transportation, storage, and disposal of the
pesticide, any container of the pesticide, any rinsate
containing the pesticide, or any other material used to contain
or collect excess or spilled quantities of the pesticide; and
(C) the registrant of a pesticide provide evidence of
sufficient financial and other resources to carry out a recall
plan under subsection (b) of this section, and provide for the
disposition of the pesticide, in the event of suspension and
cancellation of the pesticide.
(2) Pesticides
The Administrator may by regulation, or as part of an order
issued under section 136d of this title or an amendment to such
an order -
(A) issue requirements and procedures to be followed by any
person who stores or transports a pesticide the registration of
which has been suspended or canceled;
(B) issue requirements and procedures to be followed by any
person who disposes of stocks of a pesticide the registration
of which has been suspended; and
(C) issue requirements and procedures for the disposal of any
pesticide the registration of which has been canceled.
(3) Containers, rinsates, and other materials
The Administrator may by regulation, or as part of an order
issued under section 136d of this title or an amendment to such
an order -
(A) issue requirements and procedures to be followed by any
person who stores or transports any container of a pesticide
the registration of which has been suspended or canceled, any
rinsate containing the pesticide, or any other material used to
contain or collect excess or spilled quantities of the
pesticide;
(B) issue requirements and procedures to be followed by any
person who disposes of stocks of any container of a pesticide
the registration of which has been suspended, any rinsate
containing the pesticide, or any other material used to contain
or collect excess or spilled quantities of the pesticide; and
(C) issue requirements and procedures for the disposal of any
container of a pesticide the registration of which has been
canceled, any rinsate containing the pesticide, or any other
material used to contain or collect excess or spilled
quantities of the pesticide.
(b) Recalls
(1) In general
If the registration of a pesticide has been suspended and
canceled under section 136d of this title, and if the
Administrator finds that recall of the pesticide is necessary to
protect health or the environment, the Administrator shall order
a recall of the pesticide in accordance with this subsection.
(2) Voluntary recall
If, after determining under paragraph (1) that a recall is
necessary, the Administrator finds that voluntary recall by the
registrant and others in the chain of distribution may be as safe
and effective as a mandatory recall, the Administrator shall
request the registrant of the pesticide to submit, within 60 days
of the request, a plan for the voluntary recall of the pesticide.
If such a plan is requested and submitted, the Administrator
shall approve the plan and order the registrant to conduct the
recall in accordance with the plan unless the Administrator
determines, after an informal hearing, that the plan is
inadequate to protect health or the environment.
(3) Mandatory recall
If, after determining under paragraph (1) that a recall is
necessary, the Administrator does not request the submission of a
plan under paragraph (2) or finds such a plan to be inadequate,
the Administrator shall issue a regulation that prescribes a plan
for the recall of the pesticide. A regulation issued under this
paragraph may apply to any person who is or was a registrant,
distributor, or seller of the pesticide, or any successor in
interest to such a person.
(4) Recall procedure
A regulation issued under this subsection may require any
person that is subject to the regulation to -
(A) arrange to make available one or more storage facilities
to receive and store the pesticide to which the recall program
applies, and inform the Administrator of the location of each
such facility;
(B) accept and store at such a facility those existing stocks
of such pesticide that are tendered by any other person who
obtained the pesticide directly or indirectly from the person
that is subject to such regulation;
(C) on the request of a person making such a tender, provide
for proper transportation of the pesticide to a storage
facility; and
(D) take such reasonable steps as the regulation may
prescribe to inform persons who may be holders of the pesticide
of the terms of the recall regulation and how those persons may
tender the pesticide and arrange for transportation of the
pesticide to a storage facility.
(5) Contents of recall plan
A recall plan established under this subsection shall include -
(A) the level in the distribution chain to which the recall
is to extend, and a schedule for recall; and
(B) the means to be used to verify the effectiveness of the
recall.
(6) Requirements or procedures
No requirement or procedure imposed in accordance with
paragraph (2) of subsection (a) of this section may require the
recall of existing stocks of the pesticide except as provided by
this subsection.
(c) Storage costs
(1) Submission of plan
A registrant who wishes to become eligible for reimbursement of
storage costs incurred as a result of a recall prescribed under
subsection (b) of this section for a pesticide whose registration
has been suspended and canceled shall, as soon as practicable
after the suspension of the registration of the pesticide, submit
to the Administrator a plan for the storage and disposal of the
pesticide that meets criteria established by the Administrator by
regulation.
(2) Reimbursement
Within a reasonable period of time after such storage costs are
incurred and paid by the registrant, the Administrator shall
reimburse the registrant, on request, for -
(A) none of the costs incurred by the registrant before the
date of submission of the plan referred to in paragraph (1) to
the Administrator;
(B) 100 percent of the costs incurred by the registrant after
the date of submission of the plan to the Administrator or the
date of cancellation of the registration of the pesticide,
whichever is later, but before the approval of the plan by the
Administrator;
(C) 50 percent of the costs incurred by the registrant during
the 1-year period beginning on the date of the approval of the
plan by the Administrator or the date of cancellation of the
registration of the pesticide, whichever is later;
(D) none of the costs incurred by the registrant during the
3-year period beginning on the 366th day following approval of
the plan by the Administrator or the date of cancellation of
the registration of the pesticide, whichever is later; and
(E) 25 percent of the costs incurred by the registrant during
the period beginning on the first day of the 5th year following
the date of the approval of the plan by the Administrator or
the date of cancellation of the registration of the pesticide,
whichever is later, and ending on the date that a disposal
permit for the pesticide is issued by a State or an alternative
plan for disposal of the pesticide in accordance with
applicable law has been developed.
(d) Administration of storage, disposal, transportation, and recall
programs
(1) Voluntary agreements
Nothing in this section shall be construed as preventing or
making unlawful any agreement between a seller and a buyer of any
pesticide or other substance regarding the ultimate allocation of
the costs of storage, transportation, or disposal of a pesticide.
(2) Rule and regulation review
Section 136w(a)(4) of this title shall not apply to any
regulation issued under subsection (a)(2) or (b) of this section.
(3) Limitations
No registrant shall be responsible under this section for a
pesticide the registration of which is held by another person. No
distributor or seller shall be responsible under this section for
a pesticide that the distributor or seller did not hold or sell.
(4) Seizure and penalties
If the Administrator finds that a person who is subject to a
regulation or order under subsection (a)(2) or (b) of this
section has failed substantially to comply with that regulation
or order, the Administrator may take action under section 136k or
136l of this title or obtain injunctive relief under section
136n(c) of this title against such person or any successor in
interest of any such person.
(e) Container design
(1) Procedures
(A) Not later than 3 years after the effective date of this
subsection, the Administrator shall, in consultation with the
heads of other interested Federal agencies, promulgate
regulations for the design of pesticide containers that will
promote the safe storage and disposal of pesticides.
(B) The regulations shall ensure, to the fullest extent
practicable, that the containers -
(i) accommodate procedures used for the removal of pesticides
from the containers and the rinsing of the containers;
(ii) facilitate the safe use of the containers, including
elimination of splash and leakage of pesticides from the
containers;
(iii) facilitate the safe disposal of the containers; and
(iv) facilitate the safe refill and reuse of the containers.
(2) Compliance
The Administrator shall require compliance with the regulations
referred to in paragraph (1) not later than 5 years after the
effective date of this subsection.
(f) Pesticide residue removal
(1) Procedures
(A) Not later than 3 years after the effective date of this
subsection, the Administrator shall, in consultation with the
heads of other interested Federal agencies, promulgate
regulations prescribing procedures and standards for the removal
of pesticides from containers prior to disposal.
(B) The regulations may -
(i) specify, for each major type of pesticide container,
procedures and standards providing for, at a minimum, triple
rinsing or the equivalent degree of pesticide removal;
(ii) specify procedures that can be implemented promptly and
easily in various circumstances and conditions;
(iii) provide for reuse, whenever practicable, or disposal of
rinse water and residue; and
(iv) be coordinated with requirements for the rinsing of
containers imposed under the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(C) The Administrator may, at the discretion of the
Administrator, exempt products intended solely for household use
from the requirements of this subsection.
(2) Compliance
Effective beginning 5 years after the effective date of this
subsection, a State may not exercise primary enforcement
responsibility under section 136w-1 of this title, or certify an
applicator under section 136i of this title, unless the
Administrator determines that the State is carrying out an
adequate program to ensure compliance with this subsection.
(3) Solid Waste Disposal Act
Nothing in this subsection shall affect the authorities or
requirements concerning pesticide containers under the Solid
Waste Disposal Act (42 U.S.C. 6901).
(g) Pesticide container study
(1) Study
(A) The Administrator shall conduct a study of options to
encourage or require -
(i) the return, refill, and reuse of pesticide containers;
(ii) the development and use of pesticide formulations that
facilitate the removal of pesticide residues from containers;
and
(iii) the use of bulk storage facilities to reduce the number
of pesticide containers requiring disposal.
(B) In conducting the study, the Administrator shall -
(i) consult with the heads of other interested Federal
agencies, State agencies, industry groups, and environmental
organizations; and
(ii) assess the feasibility, costs, and environmental
benefits of encouraging or requiring various measures or
actions.
(2) Report
Not later than 2 years after the effective date of this
subsection, the Administrator shall submit to Congress a report
describing the results of the study required under paragraph (1).
(h) Relationship to Solid Waste Disposal Act
(1) In general
Nothing in this section shall diminish the authorities or
requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(2) Antimicrobial products
A household, industrial, or institutional antimicrobial product
that is not subject to regulation under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) shall not be subject to the
provisions of subsections (a), (e), and (f) of this section,
unless the Administrator determines that such product must be
subject to such provisions to prevent an unreasonable adverse
effect on the environment.
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