Page:United States Statutes at Large Volume 89.djvu/814

 PUBLIC LAW 94-140—NOV. 28, 1975

8 9 STAT. 754

Regulations.

Consultation,

u s e 136p.

7 USC 136.

7 USC 136c.

eral Government the compensation for which exceeds such rate may elect to receive compensation at the rate provided for such other office or position in lieu of the compensation provided by this subsection. I n order to assure the objectivity of the advisory panel, the Administrator shall promulgate regulations regarding conflicts of interest with respect to the members of the panel.". SEC. 8. Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, is amended by adding at the end thereof the following new sentence: " The Administrator, in determining whether or not such emergency conditions exist, shall consult with the Secretary of Agriculture and the Governor of any State concerned if they request such determination." SEC. 9. Section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, is hereby amended to read as follows: " (u) PESTICIDE.—The term 'pesticide' means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant: Provided, That the term 'pesticide' shall not include any article (1)(a) that is a 'new animal d r u g ' within the meaning of section 201 (w) of the Federal Food, D r u g, and Cosmetic Act (21 U.S.C. 321 (w)), or (b) that has been determined by the Secretary of Health, Education, and Welfare not to be a new animal d r u g by a regulation establishing conditions of use for the article, or (2) that is an animal feed within the meaning of section 201(x) of such Act (21 U.S.C. 321 (x)) bearing or containing an article covered by clause (1) of this proviso." SEC. 10. Section 5 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, is amended by adding at the end thereof the following new subsection: "(g)

7 USC 136b.

withstanding the foregoing provisions of this section, the Administ r a to r may issue an experimental use permit for a pesticide to any public or private agricultural research agency or educational institution which applies for such permit. E a c h permit shall not exceed more than a one-year period or such other specific time as the Administrator may prescribe. Such permit shall be issued under such terms and conditions restricting the use of the pesticide as the Administrator may require: Provided, That such pesticide may be used only by such research agency or educational institution for purposes of experimentation." SEC. 11. Section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, is amended by a d d i n g at the end thereof the following new subsection: "(c)

7 USC 136u.

E X E M P T I O N FOR AGRICULTURAL RESEARCH A G E N C I E S. — Not -

INSTRUCTION I N INTEGRATED P E S T MANAGEMENT T E C H N I Q U E S. —

Standard s prescribed by the A d m i n i s t r a to r for the certification of applicators of pesticides under subsection (a), and State plans submitted to the Administrator under subsections (a) and (b), shall include provisions for making instructional materials concerning integrated pest management techniques available to individuals at their request in accordance with the provisions of section 23(c) of this Act, but such plans may not require that any individual receive instruction concerning such techniques or be shown to be competent with respect to the use of such techniques. The A d m i n i s t r a to r and States implementing such plans shall provide that all interested individuals are notified of the availability of such instructional materials."

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