Sec.
24. [136v] AUTHORITY OF STATES.
(p) (a) In General.--A State may regulate the sale or use of
any federally registered pesticide or device in the State, but
only if and to the extent the regulation does not permit any
sale or use prohibited by this Act. (b) Uniformity.--Such State
shall not impose or continue in effect any requirements for labeling
or packaging in addition to or different from those required
under this Act. (c) Additional Uses.-- (1) A State may provide
registration for additional uses of federally registered pesticides
formulated for distribution and use within that State to meet
special local needs in accord with the purposes of this Act and
if registration for such use has not previously been denied,
disapproved, or canceled by the Administrator. Such registration
shall be deemed registration under section 3 for all purposes
of this Act, but shall authorize distribution and use only within
such State. (2) A registration issued by a State under this subsection
shall not be effective for more than ninety days if disapproved
by the Administrator within that period. Prior to disapproval,
the Administrator shall, except as provided in paragraph (3)
of this subsection, advise the State of the Administrator's intention
to disapprove and the reasons therefor, and provide the State
time to respond. The Administrator shall not prohibit or disapprove
a registration issued by a State under this subsection (A) on
the basis of lack of essentiality of a pesticide or (B) except
as provided in paragraph (3) of this subsection, if its composition
and use patterns are similar to those of a federally registered
pesticide. (3) In no instance may a State issue a registration
for a food or feed use unless there exists a tolerance or exemption
under the Federal Food, Drug, and Cosmetic Act that permits the
residues of the pesticides on the food or feed. If the Administrator
determines that a registration issued by a State is inconsistent
with the Federal Food, Drug, and Cosmetic Act, or the use of,
a pesticide under a registration issued by a State constitutes
an imminent hazard, the Administrator may immediately disapprove
the registration. (4) If the Administrator finds, in accordance
with standards set forth in regulations issued under section
25 of this act, that a State is not capable of exercising adequate
controls to assure that State registration under this section
will be in accord with the purposes of this Act or has failed
to exercise adequate controls, the Administrator may suspend
the authority of the State to register pesticides until such
time as the Administrator is satisfied that the State can and
will exercise adequate controls. Prior to any such suspension,
the Administrator shall advise the State of the Administrator's
intention to suspend and the reasons therefor and provide the
State time to respond. |
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