Title 7, AgricultureRelease 119-110
§136c Experimental Use Permits
Title 7 › CHAPTER 6 — INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL › SUBCHAPTER II — ENVIRONMENTAL PESTICIDE CONTROL › § 136c
Summary
Anyone can apply to the Administrator for permission to test a pesticide on a limited scale. The Administrator must review the application and, within 120 days after getting the application and all needed data (or a different deadline for certain special cases), either approve it or explain why not. If turned down, the applicant has 30 days to fix the application or ask for relaxed conditions. A permit is allowed only if it is needed to gather information to later register the pesticide. You can apply any time. The Administrator can set a temporary safe level for any pesticide residue on food or feed before a permit is issued. Use under a permit is supervised and comes with specific rules and time limits. If the pesticide has new chemicals, the Administrator can require studies to check environmental harm and must get the results before full registration. The Administrator can cancel a permit for violations or safety worries. States may be allowed to issue permits under rules, and agricultural research groups or schools can get one-year (or shorter) permits only for experiments.
Full Legal Text
Title 7, §136c
Agriculture, Source: USLM XML via OLRC
(a)Issuance
Any person may apply to the Administrator for an experimental use permit for a pesticide. An application for an experimental use permit for a covered application under section 136w–8(b) of this title shall conform with the requirements of that section. The Administrator shall review the application. After completion of the review, but not later than one hundred and twenty days after receipt of the application and all required supporting data (or in the case of an application for an experimental use permit for a covered application under section 136w–8(b) of this title, not later than the last day of the applicable timeframe for such application specified in such section), the Administrator shall either issue the permit or notify the applicant of the Administrator’s determination not to issue the permit and the reasons therefor. The applicant may correct the application or request a waiver of the conditions for such permit within thirty days of receipt by the applicant of such notification. The Administrator may issue an experimental use permit only if the Administrator determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under section 136a of this title. An application for an experimental use permit may be filed at any time.
(b)Temporary tolerance level
If the Administrator determines that the use of a pesticide may reasonably be expected to result in any residue on or in food or feed, the Administrator may establish a temporary tolerance level for the residue of the pesticide before issuing the experimental use permit.
(c)Use under permit
Use of a pesticide under an experimental use permit shall be under the supervision of the Administrator, and shall be subject to such terms and conditions and be for such period of time as the Administrator may prescribe in the permit.
(d)Studies
When any experimental use permit is issued for a pesticide containing any chemical or combination of chemicals which has not been included in any previously registered pesticide, the Administrator may specify that studies be conducted to detect whether the use of the pesticide under the permit may cause unreasonable adverse effects on the environment. All results of such studies shall be reported to the Administrator before such pesticide may be registered under section 136a of this title.
(e)Revocation
The Administrator may revoke any experimental use permit, at any time, if the Administrator finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
(f)State issuance of permits
Notwithstanding the foregoing provisions of this section, the Administrator shall, under such terms and conditions as the Administrator may by regulations prescribe, authorize any State to issue an experimental use permit for a pesticide. All provisions of section 136i of this title relating to State plans shall apply with equal force to a State plan for the issuance of experimental use permits under this section.
(g)Exemption for agricultural research agencies
Notwithstanding the foregoing provisions of this section, the Administrator may issue an experimental use permit for a pesticide to any public or private agricultural research agency or educational institution which applies for such permit. Each permit shall not exceed more than a one-year period or such other specific time as the Administrator may prescribe. Such permit shall be issued under such terms and conditions restricting the use of the pesticide as the Administrator may require. Such pesticide may be used only by such research agency or educational institution for purposes of experimentation.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 5 of act
June 25, 1947, was classified to section 135c of this title prior to amendment of act
June 25, 1947, by Pub. L. 92–516.
Amendments
2019—Subsec. (a). Pub. L. 116–8 substituted “permit for a pesticide. An application for an experimental use permit for a covered application under section 136w–8(b) of this title shall conform with the requirements of that section.” for “permit for a pesticide.” and inserted “(or in the case of an application for an experimental use permit for a covered application under section 136w–8(b) of this title, not later than the last day of the applicable timeframe for such application specified in such section)” after “all required supporting data”. 1991—Subsecs. (b), (e), (f). Pub. L. 102–237 substituted “the Administrator” for “he” before “may” in subsec. (b), before “finds” in subsec. (e), and before “may” in subsec. (f). 1988—Subsec. (f). Pub. L. 100–532, § 801(q)(1)(D), substituted “136i” for “136b”. Subsec. (g). Pub. L. 100–532, § 801(d), substituted “require. Such pesticide” for “require: Provided, That such pesticide”. 1978—Subsec. (a). Pub. L. 95–396, § 10(1), provided for review of application, issuance or nonissuance of experimental use permit within prescribed period including reasons for denial, correction of application, and waiver of conditions and substituted provision for filing an application for experimental use permit at any time for prior provision for filing at the time of or before or after an application for registration is filed. Subsec. (f). Pub. L. 95–396, § 10(2), substituted in first sentence “shall” for “may” where first appearing. 1975—Subsec. (g). Pub. L. 94–140 added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100–532, set out as a note under section 136 of this title.
Effective 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.
Reference
Citations & Metadata
Citation
7 U.S.C. § 136c
Title 7, Agriculture
Last Updated
Sep 22, 2026
Release point: 119-110