7 U.S.C. § 136w–2: Failure by the State to…

Summary

When the Administrator gets a complaint that a State is not enforcing pesticide-use rules, the Administrator must send the complaint to the State for investigation. If the State does not start proper enforcement within 30 days, the Administrator may take action under the law. If the Administrator finds a State cannot or will not carry out its enforcement duties, the Administrator will tell the State what is wrong and give 90 days to fix it. If the problems are not fixed, the Administrator may remove all or part of the State’s main enforcement role. In an emergency, the Administrator can act right away if the State cannot or will not respond.

Title 7, §136w–2

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(a)Referral

Upon receipt of any complaint or other information alleging or indicating a significant violation of the pesticide use provisions of this subchapter, the Administrator shall refer the matter to the appropriate State officials for their investigation of the matter consistent with the requirements of this subchapter. If, within thirty days, the State has not commenced appropriate enforcement action, the Administrator may act upon the complaint or information to the extent authorized under this subchapter.

(b)Notice

Whenever the Administrator determines that a State having primary enforcement responsibility for pesticide use violations is not carrying out (or cannot carry out due to the lack of adequate legal authority) such responsibility, the Administrator shall notify the State. Such notice shall specify those aspects of the administration of the State program that are determined to be inadequate. The State shall have ninety days after receipt of the notice to correct any deficiencies. If after that time the Administrator determines that the State program remains inadequate, the Administrator may rescind, in whole or in part, the State’s primary enforcement responsibility for pesticide use violations.

(c)Construction

Neither section 136w–1 of this title nor this section shall limit the authority of the Administrator to enforce this subchapter, where the Administrator determines that emergency conditions exist that require immediate action on the part of the Administrator and the State authority is unwilling or unable adequately to respond to the emergency.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 27 of act June 25, 1947, ch. 125, was renumbered section 35 and is classified to section 136y of this title.

Amendments

1988—Pub. L. 100–532 inserted headings for subsecs. (a) to (c).

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.

§136w–2 Failure by the State to Assure Enforcement of State Pesticide Use Regulations