U.S. Code » Title 7 » Chapter CHAPTER 6— INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL › Subchapter SUBCHAPTER II— ENVIRONMENTAL PESTICIDE CONTROL

7 U.S.C. § 136u

State cooperation, aid, and training

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(a) Cooperative agreementsThe Administrator may enter into cooperative agreements with States and Indian tribes—(1) to delegate to any State or Indian tribe the authority to cooperate in the enforcement of this subchapter through the use of its personnel or facilities, to train personnel of the State or Indian tribe to cooperate in the enforcement of this subchapter, and to assist States and Indian tribes in implementing cooperative enforcement programs through grants-in-aid; and(2) to assist States in developing and administering State programs, and Indian tribes that enter into cooperative agreements, to train and certify applicators consistent with the standards the Administrator prescribes.Effective with the fiscal year beginning October 1, 1978, there are authorized to be appropriated annually such funds as may be necessary for the Administrator to provide through cooperative agreements an amount equal to 50 percent of the anticipated cost to each State or Indian tribe, as agreed to under such cooperative agreements, of conducting training and certification programs during such fiscal year. If funds sufficient to pay 50 percent of the costs for any year are not appropriated, the share of each State and Indian tribe shall be reduced in a like proportion in allocating available funds.(b) Contracts for training

In addition, the Administrator may enter into contracts with Federal, State, or Indian tribal agencies for the purpose of encouraging the training of certified applicators.

(c) Information and education

The Administrator shall, in cooperation with the Secretary of Agriculture, use the services of the cooperative State extension services to inform and educate pesticide users about accepted uses and other regulations made under this subchapter.

(June 25, 1947, ch. 125, § 23, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 996; amended Pub. L. 95–396, § 21, Sept. 30, 1978, 92 Stat. 834.)Editorial NotesAmendments

1978—Subsec. (a). Pub. L. 95–396 extended provisions to Indian tribes, authorized annual appropriation of funds for training and certification programs, and required proportionate reduction of shares in the allocation of available funds when appropriations do not cover 50 percent of the annual costs.

Subsec. (b). Pub. L. 95–396 authorized contracts with Indian tribal agencies.

Subsec. (c). Pub. L. 95–396 substituted “shall” for “may”, substituted “use” for “utilize”, and “to inform and educate pesticide users about accepted uses and other regulations” for “for informing farmers of accepted uses and other regulations”.

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.

Availability of Grants for Pesticide Program Development and Implementation

Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2499, provided in part: “That beginning in fiscal year 1999 and thereafter, pesticide program implementation grants under section 23(a)(1) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended [7 U.S.C. 136u(a)(1)], shall be available for pesticide program development and implementation, including enforcement and compliance activities”.

Notes of Decisions
Cited in 3 cases, 1980–1991 · leading case: Wisconsin Public Intervenor v. Mortier
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Wisconsin Public Intervenor v. Mortier (1991) scotus · cites it 2× “7 U. S. C. §§ 136u, 136w-1. As part of the enforcement scheme, FIFRA requires manufacturers to produce records for inspection "upon request of any officer or employee of the Environmental Protection Agency or of any State or political subdivision, duly designated by the…”
Professional Lawn Care Association v. Village of Milford (1990) ca6 “The authority of the EPA Administrator to designate such officials is conferred by § 23(a) of the Act, which authorizes the Administrator to enter into cooperative agreements with “States” to “delegate to any State the authority to cooperate in the enforcement of the Act through…”
Application of 18 U.S.C. §§ 203 and 205 to Federal Employees Detailed to State and Local Governments (1980) olc “§ 6981 (c)(4) (Resource Conservation and Recovery Act); 7 U.S.C. § 136u (Federal Insecticide, Fungicide, and Rodenticide Act).”
— 7 U.S.C. § 136u(a) — 1 case
Professional Lawn Care Association v. Village of Milford (1990) ca6 “The authority of the EPA Administrator to designate such officials is conferred by § 23(a) of the Act, which authorizes the Administrator to enter into cooperative agreements with “States” to “delegate to any State the authority to cooperate in the enforcement of the Act through…”
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