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U.S. Code as of:
01/03/05
Section 136v. Authority of States
(a) In general
A State may regulate the sale or use of any federally registered
pesticide or device in the State, but only if and to the extent the
regulation does not permit any sale or use prohibited by this
subchapter.
(b) Uniformity
Such State shall not impose or continue in effect any
requirements for labeling or packaging in addition to or different
from those required under this subchapter.
(c) Additional uses
(1) A State may provide registration for additional uses of
federally registered pesticides formulated for distribution and use
within that State to meet special local needs in accord with the
purposes of this subchapter and if registration for such use has
not previously been denied, disapproved, or canceled by the
Administrator. Such registration shall be deemed registration under
section 136a of this title for all purposes of this subchapter, but
shall authorize distribution and use only within such State.
(2) A registration issued by a State under this subsection shall
not be effective for more than ninety days if disapproved by the
Administrator within that period. Prior to disapproval, the
Administrator shall, except as provided in paragraph (3) of this
subsection, advise the State of the Administrator's intention to
disapprove and the reasons therefor, and provide the State time to
respond. The Administrator shall not prohibit or disapprove a
registration issued by a State under this subsection (A) on the
basis of lack of essentiality of a pesticide or (B) except as
provided in paragraph (3) of this subsection, if its composition
and use patterns are similar to those of a federally registered
pesticide.
(3) In no instance may a State issue a registration for a food or
feed use unless there exists a tolerance or exemption under the
Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] that
permits the residues of the pesticides on the food or feed. If the
Administrator determines that a registration issued by a State is
inconsistent with the Federal Food, Drug, and Cosmetic Act, or the
use of, a pesticide under a registration issued by a State
constitutes an imminent hazard, the Administrator may immediately
disapprove the registration.
(4) If the Administrator finds, in accordance with standards set
forth in regulations issued under section 136w of this title, that
a State is not capable of exercising adequate controls to assure
that State registration under this section will be in accord with
the purposes of this subchapter or has failed to exercise adequate
controls, the Administrator may suspend the authority of the State
to register pesticides until such time as the Administrator is
satisfied that the State can and will exercise adequate controls.
Prior to any such suspension, the Administrator shall advise the
State of the Administrator's intention to suspend and the reasons
therefor and provide the State time to respond.
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