Page:United States Statutes at Large Volume 86.djvu/1025

 86 STAT.]

983

PUBLIC LAW 92-516-OCT. 21, 1972

"SEC. 4. USE OF RESTRICTED USE PESTICIDES; CERTIFIED APPLICATORS. " (a) CERTIFICATION PROCEDURE.— "(1) FEDERAL CERTIFICATION.—Subject to paragrajjh (2), the

standards.

Administrator shall prescribe standards for the certification of applicators of pesticides. Such standards shall provide that to be certified, an individual must be determined to be competent with respect to the use and handling of pesticides, or to the use and handling of the pesticide or class of pesticides covered by such individual's certification. " (2) STATE CERTIFICATION.—If any State, at any time, desires

to certify applicators of pesticides, the Governor of such State shall submit a State plan for such purpose. The Administrator shall approve the plan submitted by any State, or any modification thereof, if such plan in his judgment— " (A) designates a State agency as the agency responsible for administering the plan throughout the State; " (B) contains satisfactory assurances that such agency has or will have the legal authority and qualified personnel necessary to carry out the plan; " (C) gives satisfactory assurances that the State will devote adequate funds to the administration of the plan; " (D) provides that the State agency will make such reports to the Administrator in such form and containing such information as the Administrator may from time to time require; and " (E) contains satisfactory assurances that State standards for the certification of applicators of pesticides conform with those standards prescribed by the Administrator under paragraph (1). Any State certification program under this section shall be maintained in accordance with the State plan approved under this section. " (b) STATE PLANS.—If the Administrator rejects a plan submitted under this paragraph, he shall ajfford the State submitting the plan due notice and opportunity for hearing before so doing. If the Administrator approves a plan submitted under this paragraph, then such State shall certify applicators of pesticides with respect to such State. Whenever the Administrator determines that a State is not administering the certification program in accordance with the plan approved under this section, he shall so notify the State and provide for a hearing at the request of the State, and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such plan. "SEC. 5. EXPERIMENTAL USE PERMITS.

" (a) ISSUANCE.—Any person may apply to the Administrator for an experimental use permit for a pesticide. The Administrator may issue an experimental use permit if he determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under section 3. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed. " (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, he may establish a temporary tolerance level for the residue of the pesticide before issuing the experimental use permit. 82-081 O - 73 - 65

Hearing.

�