Sec.
26. [136w-1] State Primary Enforcement Responsibility.
(v) (a) In General.--For the purposes of this Act, a State shall
have primary enforcement responsibility for pesticide use violations
during any period for which the Administrator determines that
such State-- (1) has adopted adequate pesticide use laws and
regulations, except that the Administrator may not require a
State to have pesticide use laws that are more stringent than
this Act; (2) has adopted and is implementing adequate procedures
for the enforcement of such State laws and regulations; and (3)
will keep such records and make such reports showing compliance
with paragraphs (1) and (2) of this subsection as the Administrator
may require by regulation. (b) Special Rules.--Notwithstanding
the provisions of subsection (a) of this section, any State that
enters into a cooperative agreement with the Administrator under
section 23 of this Act for the enforcement of pesticide use restrictions
shall have the primary enforcement responsibility for pesticide
use violations. Any State that has a plan approved by the Administrator
in accordance with the requirements of section 11 of this Act
that the Administrator determines meets the criteria set out
in subsection (a) of this section shall have the primary enforcement
responsibility for pesticide use violations. The Administrator
shall make such determinations with respect to State plans under
section 11 of this Act in effect on the date of enactment of
the Federal Pesticide Act of 1978 not later than six months after
that date. (c) Administrator.--The Administrator shall have primary
enforcement responsibility for those States that do not have
primary enforcement responsibility under this Act. Notwithstanding
the provisions of section 2(e)(1) of this Act, during any period
when the Administrator has such enforcement responsibility, section
8(b) of this Act shall apply to the books and records of commercial
applicators and to any applicator who holds or applies pesticides,
or uses dilutions of pesticides, only to provide a service of
controlling pests without delivering any unapplied pesticide
to any person so served, and section 9(a) of this Act shall apply
to the establishment or other place where pesticides or devices
are held for application by such persons with respect to pesticides
or devices held for such application. |
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