Page:United States Statutes at Large Volume 92 Part 1.djvu/890

 92 STAT. 836

PUBLIC LAW 95-396—SEPT. 30, 1978 AXJTHORITY OP ADMINISTRATOR—REGULATIONS; SCIENTIFIC ADVISORY PANEL

7 USC 136w.

Publication in Federal Register.

Publication in Federal Register.

Advisory panel, termination.

42 USC 4365.

SEC. 23. Section 25 of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by— (1) in subsection (a)(1), striking out the period at the end of the second sentence and adding the following: "and differences in environmental risk and the appropriate data for evaluating such risk between agricultural and nonagricultural pesticides."; (2) adding at the end of subsection (a)(2)(B), the following: "In taking any final action under this subsection, the Administrator shall include among those factors to be taken into account the effect of the regulation on production and prices of agricultural commodities, retail food prices, and otherwise on the agricultural economy, and the Administrator shall publish in the Federal Register an analysis of such effect."; (3) in subsection (d), striking out the third sentence and inserting in lieu thereof the following: "The Administrator shall also solicit from the advisory panel comments, evaluations, and recommendations for operating guidelines to improve the effectiveness and quality of scientific analyses made by personnel of the Environmental Protection Agency that lead to decisions by the Administrator in carrying out the provisions of this Act. The comments, evaluations, and recommendations of the advisory panel and the response of the Administrator shall be published in the Federal Register in the same manner as provided for publication of the comments of the Secretary of Agriculture under such sections. The chairman of the advisory panel, after consultation with the Administrator, may create temporary subpanels on specific projects to assist the full advisory panel in expediting and preparing its evaluations, comments, and recommendations."; and (4) adding at the end of subsection (d) the following: "The advisory panel established under this subsection shall terminate September 30, 1981. In performing the functions assigned by this Act, the panel shall consult and coordinate its activities with the Science Advisory Board established under the Environmental Research, Development, and Demonstration Authorization Act of 1978.". STATE ENFORCEMENT; IDENTIFICATION OF PESTS; COOPERATION WITH DEPARTIVIENT OF A G R I C U I, T U R E ' S PROGRAM; A N N U A L REPORT

7 USC 136x, 136y, 7 USC 136W-1.

SEC 24. The Federal Insecticide, Fungicide, and Rodenticide Act is amended by— (1) redesignating sections 26 (severability) and 27 (authorization for appropriations) as sections 30 and 31, respectively; and (2) inserting after section 25 new sections 26 through 29 as follows: "SEC. 26. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.

"(a) 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 adec^uate pesticide use laws and regulations; Provided, That the Administrator may not require a State to have pesticide use laws that are more stringent than this Act;

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