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U.S. Code as of:
01/03/05
Section 136w-1. State primary enforcement responsibility
(a) In general
For the purposes of this subchapter, a State shall have primary
enforcement responsibility for pesticide use violations during any
period for which the Administrator determines that such State -
(1) has adopted adequate pesticide use laws and regulations,
except that the Administrator may not require a State to have
pesticide use laws that are more stringent than this subchapter;
(2) has adopted and is implementing adequate procedures for the
enforcement of such State laws and regulations; and
(3) will keep such records and make such reports showing
compliance with paragraphs (1) and (2) of this subsection as the
Administrator may require by regulation.
(b) Special rules
Notwithstanding the provisions of subsection (a) of this section,
any State that enters into a cooperative agreement with the
Administrator under section 136u of this title for the enforcement
of pesticide use restrictions shall have the primary enforcement
responsibility for pesticide use violations. Any State that has a
plan approved by the Administrator in accordance with the
requirements of section 136i of this title that the Administrator
determines meets the criteria set out in subsection (a) of this
section shall have the primary enforcement responsibility for
pesticide use violations. The Administrator shall make such
determinations with respect to State plans under section 136i of
this title in effect on September 30, 1978, not later than six
months after that date.
(c) Administrator
The Administrator shall have primary enforcement responsibility
for those States that do not have primary enforcement
responsibility under this subchapter. Notwithstanding the
provisions of section 136(e)(1) of this title, during any period
when the Administrator has such enforcement responsibility, section
136f(b) of this title shall apply to the books and records of
commercial applicators and to any applicator who holds or applies
pesticides, or uses dilutions of pesticides, only to provide a
service of controlling pests without delivering any unapplied
pesticide to any person so served, and section 136g(a) of this
title shall apply to the establishment or other place where
pesticides or devices are held for application by such persons with
respect to pesticides or devices held for such application.
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