7 U.S.C. § 136e

Registration of establishments

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 7 CasesGoogle Scholar

(a) Requirement

No person shall produce any pesticide subject to this subchapter or active ingredient used in producing a pesticide subject to this subchapter in any State unless the establishment in which it is produced is registered with the Administrator. The application for registration of any establishment shall include the name and address of the establishment and of the producer who operates such establishment.

(b) Registration

Whenever the Administrator receives an application under subsection (a), the Administrator shall register the establishment and assign it an establishment number.

(c) Information required(1) Any producer operating an establishment registered under this section shall inform the Administrator within 30 days after it is registered of the types and amounts of pesticides and, if applicable, active ingredients used in producing pesticides—(A) which the producer is currently producing;(B) which the producer has produced during the past year; and(C) which the producer has sold or distributed during the past year.The information required by this paragraph shall be kept current and submitted to the Administrator annually as required under such regulations as the Administrator may prescribe.(2) Any such producer shall, upon the request of the Administrator for the purpose of issuing a stop sale order pursuant to section 136k of this title, inform the Administrator of the name and address of any recipient of any pesticide produced in any registered establishment which the producer operates.(d) Confidential records and information

Any information submitted to the Administrator pursuant to subsection (c) other than the names of the pesticides or active ingredients used in producing pesticides produced, sold, or distributed at an establishment shall be considered confidential and shall be subject to the provisions of section 136h of this title.

(June 25, 1947, ch. 125, § 7, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 987; amended Pub. L. 95–396, § 13, Sept. 30, 1978, 92 Stat. 829; Pub. L. 102–237, title X, § 1006(b)(1), (3)(F), (G), Dec. 13, 1991, 105 Stat. 1895, 1896.)Editorial NotesPrior Provisions

A prior section 7 of act June 25, 1947, was classified to section 135e of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516.

Amendments

1991—Subsec. (b). Pub. L. 102–237, § 1006(b)(1), substituted “the Administrator” for “he” before “shall”.

Subsec. (c)(1)(A) to (C). Pub. L. 102–237, § 1006(b)(3)(F), substituted “the producer” for “he”.

Subsec. (c)(2). Pub. L. 102–237, § 1006(b)(3)(G), substituted “the Administrator” for “him” after “inform” and “the producer” for “he”.

1978—Subsec. (a). Pub. L. 95–396, § 13(1), made requirement of registration applicable to production of active ingredient used in producing a pesticide subject to this subchapter.

Subsec. (c)(1). Pub. L. 95–396, § 13(2), required information pertaining to types and amounts of active ingredients used in producing pesticides where applicable.

Subsec. (d). Pub. L. 95–396, § 13(3), considered names of pesticides or active ingredients used in producing pesticides produced, sold, or distributed at an establishment as not being confidential information.

Statutory Notes and Related SubsidiariesEffective Date

For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title.

Notes of Decisions

Cited in 3 cases, 1978–1995 · leading case: United States v. Melvin Blum, Charles Monteleone, 62 F.3d 63 (2d Cir. 1995).

Sort: Relevance Newest Treatment

United States v. Melvin Blum, Charles Monteleone, 62 F.3d 63 (2d Cir. 1995). · cites it 2× “Under 7 U.S.C. § 136e, any establishment producing a pesticide must register with the EPA.”

Mobay Chem. Corp. v. Costle, 447 F. Supp. 811 (W.D. Mo. 1978). · cites it 2× “In addition to the provisions of § 3, which require registration (and supplemental registration, where applicable) of a pesticide prior to its transportation in intra- or interstate commerce, § 7 of FIFRA, 7 U.S.C. § 136e, requires registration of the establishments where…”

Sam P. McGill v. Env't Prot. Agency, 593 F.2d 631 (5th Cir. 1979). “7 U.S.C. § 136e.) The regulations permit registrations to be held by the broadest range of people: Any person in any state who distributes, sells, offers for sale, holds for sale, ships, delivers for shipment .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.