NONINTERFERENCE WITH OTHER FEDERAL AGENCIES Enactment of this section not to be construed to supersede or limit the functions under any other provision of law of any officer or agency of the United States, see section 4 of Pub. L. 90–602, set out as a note under section 263b of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 263b-2631, 263n of this title.

§ 263n. State standards.

Whenever any standard prescribed pursuant to section 263f of this title with respect to an aspect of performance of an electronic product is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, any standard which is applicable to the same aspect of performance of such product and which is not identical to the Federal standard. Nothing in this subpart shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a re

quirement with respect to emission of radiation from electronic products procured for its own use if such requirement imposes a more restrictive standard than that required to comply with the otherwise applicable Federal standard. (July 1, 1944, ch. 373, title III, § 360F, as added Oct. 18, 1968, Pub. L. 90602, § 2(3), 82 Stat. 1186.)

DEFINITION OF "SECRETARY" AND "DEPARTMENT" The terms "Secretary" and "Department" as used in this section, except when otherwise specified, to mean Secretary of Health, Education, and Welfare and Department of Health, Education, and Welfare, respectively, see section 3 of Pub. L. 90-602, set out as a note under section 263b of this title.

NONINTERFERENCE WITH Other Federal AGENCIES Enactment of this section not to be construed to supersede or limit the functions under any other provision of law of any officer or agency of the United States, see section 4 of Pub. L. 90-602, set out as a note under section 263b of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 263b-263m of this title.

Sec.

121 to 134. Repealed. 135. Definitions.

135a. Prohibited acts. 135b.

Registration of economic poisons.

(a) General requirement; single economic polsons; supplement statements; filing and contents of statements.

(b) Submission of

formula; registration by Administrator upon compliance with requirements.

(c) Notification of noncompliance with requirements; corrections; refusal, suspension or cancellation of registration by Administrator; effective date of cancellation; adviscry committees and procedures; objections; public hearings; Administrator's orders; consultation with other agencies; confidential information; public hazard suspension; orders reviewable; defense of registration.

(d) Judicial review; court of appeals: persons entitled to appeal, petition, record, jurisdiction, conclusiveness of findings, additional evidence, modification of findings and orders; Supreme Court; stay of administrative orders; calendar.

(e) Shipments between single-ownership plants. (f) Time of cancellation and continuance of registration.

135c. Books and records; access and inspection; use in criminal prosecution.

135d. Rules and regulations; examination of economic poisons or devices; notification to violators; certification to United States attorney; duty of attorney; publication of judgments.

135e. Exemptions from penalties.

135f. Penalties.

135g. Seizures; disposition; costs against claimant. 135h. Imports; prohibition against delivery; penal bonds; imposition of costs; liens.

1351. Delegation of duties.

1351. Appropriations; expenditures.

135k. Cooperation between departments and agencies.

S$ 121 to 134. Repealed. June 25, 1947, ch. 125, § 16, 61 Stat. 172.

Sections, act Apr. 26, 1910, ch. 191, 36 Stat. 335, formerly known as "The Insecticides Act", are now covered by sections 135-135k of this title.

EFFECTIVE DATE OF REPEAL; Savings PROVISIONS Provisions of former sections 121-134 of this title repealed one year after June 25, 1947, and such provisions deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceeding with respect to any violations, liabilities incurred, or appeals taken prior to such date of repeal or to sales, shipments, or deliveries of insecticides and fungicides exempted by the Secretary, see section 16 of Act June 25, 1947, set out as a note under section 135 of this title.

§ 135. Definitions.

For the purposes of sections 135 to 135k of this title

(a) The term "economic poison" means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, and other

forms of plant or animal life or viruses, except viruses on or in living man or other animals, which the Secretary shall declare to be a pest, and (2) any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

(b) The term "device" means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or rodents or destroying, repelling, or mitigating fungi, nematodes, or such other pests as may be designated by the Secretary, but not including equipment used for the application of economic poisons when sold separately therefrom.

(c) The term "insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever.

(d) The term "fungicide" means any substance or mixture of substances intended for preventing, destroying. repelling, or mitigating any fungi.

(e) The term "rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the Secretary shall declare to be a pest.

(f) The term “herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.

(g) The term "nematocide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating nematodes.

(h) The term "plant regulator" means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

(i) The term "defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

(j) The term "desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.

(k) The term "nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms.

(1) The term "weed" means any plant which grows where not wanted.

(m) The term "insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example spiders, mites, ticks, centipedes, and wood lice.

(n) The term “fungi” means all non-chlorophyllbearing thallophytes (that is, all non-chlorophyllbearing plants of a lower order than mosses and liverworts), as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals.

(0) The term "ingredient statement" means either

(1) a statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the economic poison; or

(2) a statement of the name of each active ingredient, together with the name of each and total percentage of the inert ingredients, if any there be, in the economic poison (except option 1 shall apply if the preparation is highly toxic to man, determined as provided in section 135d of this title);

and, in addition to (1) or (2) in case the economic poison contains arsenic in any form, a statement of the percentages of total and water soluble arsenic. each calculated as elemental arsenic.

(p) The term “active ingredient” means—

(1) in the case of an economic poison other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests;

(2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

(3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;

(4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

(q) The term "inert ingredient" means an ingredient which is not active.

(r) The term "antidote" means a practical immediate treatment in case of poisoning and includes first-aid treatment.

(s) The term "person" means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not.

(t) The term "Territory" means any Territory or possession of the United States, excluding the Canal Zone.

(u) The term "Administrator" means the Administrator of the Environmental Protection Agency.

(v) The term "registrant" means the person registering any economic poison pursuant to the provisions of sections 135 to 135k of this title.

(w) The term "label" means the written, printed, or graphic matter on, or attached to, the economic poison or device or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the economic poison or device.

(x) The term "labeling" means all labels and other written, printed, or graphic matter

(1) upon the economic poison or device or any of its containers or wrappers;

(2) accompanying the economic poison or device at any time;

(3) to which reference is made on the label or in literature accompanying the economic poison or device, except to current official publications of the Environmental Protection Agency, the United States Department of the Interior, the United States Public Health Service, State experiment stations, State agricultural colleges, and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of economic poisons.

(y) The term "adulterated" shall apply to any economic poison if its strength or purity falls below the professed standard or quality as expressed on its labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted. (z) The term "misbranded" shall apply

(1) to any economic poison or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

(2) to any economic poison

(a) if it is an imitation of or is offered for sale under the name of another economic poison;

(b) if its labeling bears any reference to registration under sections 135 to 135k of this title other than the registration number assigned to the economic poison;

(c) if the labeling accompanying it does not contain directions for use which are necessary and if complied with adequate for the protection of the public;

(d) if the label does not contain a warning or caution statement which may be necessary and if complied with adequate to prevent injury to living man and other vertebrate animals, vegetation, and useful invertebrate animals;

(e) if the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper. if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase: Provided, That the Administrator may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase.

(f) if any word, statement, or other information required by or under authority of sections 135 to 135k of this title to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or

(g) if in the case of an insecticide, nematocide, fungicide, or herbicide when used as directed or in accordance with commonly recognized practice it shall be injurious to living man or other vertebrtae animals, or vegetation, except weeds, to which it is applied, or to the person applying such economic poison; or

(h) if in the case of a plant regulator, defoliant, or desiccant when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such economic poison: Provided, That physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations; or

(i) if its packaging or labeling is in violation of an applicable regulation issued pursuant to section 1472 or 1473 of Title 15.

(June 25, 1947, ch. 125, § 2, 61 Stat. 163; Aug. 7, 1959, Pub. L. 86-139, § 2, 73 Stat. 286; May 12, 1964, Pub. L. 88-305, § 1, 78 Stat. 190; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -; Dec. 30, 1970, Pub. L. 91-601, § 7(b), 84 Stat. 1673.)

CODIFICATION

"Environmental Protection Agency" was substituted for "Department of Agriculture" and "Administrator", meaning the Administrator of the Environmental Protection Agency was substituted for "Secretary", meaning the Secretary of Agriculture, in subsec. (u), pursuant to 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title].

AMENDMENTS

1970-Subsec. (z) (2) (1). Pub. L. 91-601 added par. (2) (1).

1964 Subsec. (z) (2) (b). Pub. L. 88-305 added the words: "other than the registration number assigned to the economic poison."

1959-Subsec. (a). Pub. L. 86-139. § 2(A), designated existing provisions as par. (1), included therein "nematodes" and added par. (2).

Subsec. (b). Pub. L. 86-139, § 2(A), included "nematodes".

Subsec. (g)-(k). Pub. L. 86-139, § 2(B), added subsecs. (g)-(k). Former subsecs. (g)-(k) redesignated (1)-(p).

Subsecs. (1)-(o). Pub. L. 86-139, § 2(B), redesignated former subsecs. (g)-(j) as (1)-(0). Former subsecs. (1)-(0) redesignated (q)—(t).

Subsec. (p). Pub. L. 86-139, § 2(B), redesignated former subsec. (k) as (p), designated existing provisions as par. (1), inserted "in the case of an economic poison other than a plant regulator, defoliant or desiccant" and "nema

todes" therein, and added pars. (2)-(4). Former subsec. (p) redesignated (u).

Subsecs. (q)-(y). Pub. L. 86-139, § 2(B), redesignated former subsecs. (1)-(t) as (q)-(y). Former subsecs. (q)-(u) redesignated (v)—(z).

Subsec. (z). Pub. L. 86-139, § 2(B), redesignated former subsec. (u) as (z), included "nematocide" in par. (2) (g) and added par. (2) (h).

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment of section by Pub. L. 91-601 effective Dec. 30, 1970, and regulations establishing special packaging standards effective no sooner than 180 days or later than one year from date regulations are final, or an earlier date published in Federal Register, see section 9 of Pub. L. 91– 601, set out as a note under section 1471 of Title 15, Commerce and Trade.

EFFECTIVE DATE OF 1964 AMENDMENT: TERMINATION OF CERTAIN EXISTING REGISTRATIONS UNDER PROTEST Section 7 of Pub. L. 88-305 provided that: "This Act and the amendments made hereby to subsec. (z) (2) (b) of this section and sections 135a (a) (1) (2) (d), 135b (a) (c)-(f). 135f (b) and 135g(a)(1)(b) of this title shall become effective upon enactment [May 12, 1964], and all existing registrations under protest issued under said Federal Insecticide, Fungicide, and Rodenticide Act [sections 135-135k of this title shall thereupon terminate. EFFECTIVE DATE OF 1959 AMENDMENT

Section 3 of Pub. L. 86-139, as amended by Pub. L. 87-10, Mar. 29, 1961, 75 Stat. 18; Pub. L. 87-19, § 3, Apr. 7, 1951, 75 Stat. 42; Pub. L. 88-625, § 3, Oct. 3, 1964, 78 Stat. 1002, provided that:

"This Act amending this section] shall take effect on the date of its enactment |Aug. 7, 1959], except that"(a) with respect to any nematocide, plant regulator, defoliant, or desiccant which was marketed commercially prior to the date of enactment [Aug. 7, 1959] and whose use does not result in residues of same remaining in or on a food, and with respect to any nematocide, plant regulator, defoliant, or desiccant whose use does result in residue remaining in or on a food at the time of introduction into interstate commerce and which use had commercial application prior to January 1, 1958, section 3 [section 135a of this title] 'Prohibited Acts'; section 8 [section 135f of this title]. 'Penalties'; section 9 [section 135g of this title], 'Seizures'; and section 10 [section 135h of this title], ‘Imports', of the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135-135k of this title], which this Act amends, shall not be applicable until—

"(1) March 5, 1960, or such later date, not beyond March 5, 1961, as the Secretary of Agriculture may prescribe on the basis of a determination that such action will not be unduly detrimental to the public interest and is necessary to avoid hardships: Provided, That with respect to any nematocide, plant regulator. defoliant, or desiccant whose use results in residue remaining in or on a food at the time of introduction into interstate commerce and which use had commercial application prior to January 1, 1958, the Secretary may prescribe a date beyond March 5, 1961, on the basis of a determination that such action will not be unduly detrimental to the public interest and is necessary to avoid hardships: Provided further, That such date shall not be extended beyond (1) the date on which an order with respect to the use of such product under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) becomes effective or (ii) the date on which any extension granted under paragraph (b) of this section is terminated, or

"(2) the date on which a registration for such use is issued under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135-135k of this title], whichever date first occurs; and

"(b) with respect to any particular commercial use of a nematocide, plant regulator, defoliant, or desiccant in or on a raw agricultural commodity, if such use was made of such substance before January 1, 1958, section 406 (a) and clause (2) of section 402 (a) of the Federal

Food, Drug, and Cosmetic Act [sections 346 (a) and 342(a)(2) of Title 21, Food and Drugs] as in force prior to the date of the enactment of the Act of July 22, 1954 (68 Stat. 511) (relating to pesticide chemicals on raw agricultural commodities) shall apply until

"(1) March 5, 1960, or the end of such additional period, not beyond March 5, 1961, as the Secretary of Health, Education, and Welfare may prescribe on the basis of a finding that such extension involves no undue risk to the public health and that conditions exist which necessitate the prescribing of such an additional period, or

"(2) the date on which an order with respect to such use under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) becomes effective, whichever date first occurs. Whenever the Secretary of Health, Education, and Welfare has, pursuant to clause (1) of this paragraph (b), prescribed an additional period expiring on March 5, 1961, or has on that date a request for such extension pending before him, with respect to any such particular use of a nematocide, plant regulator, defoliant, or desiccant, he may. notwithstanding the provision to the contrary in such clause (1), further extend the expiration date, not beyond June 30, 1964, applicable under such clause (1) (but subject to clause (2)) with respect to such use of such substance (or a more limited specified use or uses thereof), if, in addition to making the findings required by clause (1), he finds (A) that bona fide action to determine the applicability of such action 408 [section 346a of Title 21] to such use or uses, or to develop the scientific data necessary for action under such section, was commenced by an interested person before March 6, 1960, and was thereafter pursued with reasonable diligence, and (B) that in the Secretary's judgment such extension is consistent with the objective of carrying to completion in good faith, as soon as reasonably practicable, the scientific investigations necessary as a basis for action under such section 408 [section 346a of Title 21]: Provided, That if the Secretary has, pursuant to this sentence, granted an extension to June 30, 1964, he may, upon making the findings required by clause (1) of this paragraph (b) and clauses (A) and (B) of this sentence, further extend such expiration date, but not beyond December 31, 1965. The Secretary may at any time terminate an extension so granted if he finds that it should not have been granted, or that by reason of a change in circumstances the basis for such extension no longer exists, or that there has been a failure to comply with a requirement for submission of progress reports or with other conditions attached to such extension."

EFFECTIVE DATE

Section 15 of act June 25, 1947, provided: "All provisions of this Act [sections 135-135k of this title], except section 3 section 135a of this title], 'Prohibited Acts'; section 8 [section 135f of this title], 'Penalties'; section 9 [section 135g of this title]. 'Seizures'; and section 10 [section 135h of this title], 'Imports', shall take effect upon enactment [June 25, 1947. and sections 3. 8, 9, and 10 of this Act sections 135a and 135f-135h of this title] shall take effect as follows: (1) As to devices, upon enactment [June 25, 1947); (2) as to rodenticides and herbicides, six months after enactment [June 25, 1947], and (3) as to insecticides, fungicides, and all other economic poisons, one year after enactment [June 25, 1947]: Provided, That the Secretary, upon application, may at any time within one year after sections 3, 8, 9, and 10 of this Act [sections 135a and 135f-135h of this title] become applicable to devices. rodenticides and herbicides, and insecticides, fungicides, and other economic poisons, respectively, if he determines that such action will not be unduly detrimental to the public interest, and is necessary to avoid hardship, exempt, under such terms and conditions as he may prescribe, any economic poison from the provisions of this Act sections 135-135k of this title] if such economic poison was labeled, shipped, and delivered by the manufacturer thereof prior to the time the sections of this Act referred to above become applicable to such economic poison and in case the economic poison is an insecticide or fungicide if its sale, delivery, or shipment has not been and will not be in violation of the provisions of the In

secticide Act of 1910 [former sections 121-134 of this title]." SHORT TITLE OF 1959 AMENDMENT

Section 1 of Pub. L. 86-139 provided: "That this Act [amending this section] may be cited as the 'Nematocide, Plant Regulator, Defoliant, and Desiccant Amendment of 1959'."

SHORT TITLE

Section 1 of act June 25, 1947, provided that: "This Act lenacting sections 135-135k and repealing sections 121134 of this title, and enacting provisions set out as notes under this section] may be cited as the Federal Insecticide, Fungicide, and Rodenticide Act.'"'

REPEALS

Section 16 of act June 25, 1947. provided: "The Insecticide Act of 1910, approved April 26, 1910 [36 Stat. 331, former sections 121-134 of this title], is hereby repealed one year after the date of the enactment of this Act [June 25, 1947]: Provided, That, with respect to violations, liabilities incurred, or appeals taken prior to said date, and with respect to sales, shipments, or deliveries of insecticides and fungicides under an exemption granted by the Secretary under section 15 [set out as a note under section 135 of this title], all provisions of the Insecticide Act of 1910 shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceeding with respect to any such violations, liabilities, appeals, or to such sales, shipments, or deliveries of insecticides and fungicides exempted by the Secretary under section 15 [set out as a note under this section]."

SEPARABILITY OF PROVISIONS

Section 14 of act June 25, 1947, provided: "If any provision of this Act [sections 135-135k of this title] is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this Act and the applicability thereof to other persons and circumstances shall not be affected thereby."

HAZARDOUS SUBSTANCES

Federal Hazardous Substances Act as not modifying sections 135-135k of this title, see Pub. L. 86-613, § 17, July 12, 1960, 74 Stat. 380, set out as a note under section 1261 of Title 15, Commerce and Trade.

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees, transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, and Rodenticide Act [sections 135 to 135k of this title].

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 P. R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

§ 135a. Prohibited acts.

(a) It shall be unlawful for any person to distribute, sell, or offer for sale in any Territory or in the District of Columbia, or to ship or deliver for shipment from any State, Territory, or the District of Columbia, to any other State, Territory, or the District of Columbia, or to any foreign country, or to receive in any State, Territory, or the District of Columbia from any other State, Territory or the District of Columbia, or foreign country, and having so received, deliver or offer to deliver in the original unbroken package to any other person, any of the following:

(1) Any economic poison which is not registered pursuant to the provisions of section