§136w–1 State primary enforcement responsibility

Summary

States must be the main enforcers of pesticide use rules when the EPA Administrator finds they meet three things: they have adopted adequate pesticide laws and rules (but not stricter than this federal law), they have and use adequate enforcement procedures, and they will keep the records and reports the Administrator requires. A State that has a cooperative agreement with the Administrator under section 136u, or a plan approved under section 136i that the Administrator finds meets the three things, also has primary enforcement. The Administrator must decide about plans in effect on September 30, 1978, within six months after that date. If a State does not have primary enforcement, the Administrator (EPA) is the main enforcer. While EPA is enforcing, section 136f(b) applies to the books and records of commercial applicators and to applicators who only apply pesticides as a service without delivering any unused pesticide to the person served, and section 136g(a) applies to places where pesticides or devices are held for such application.