7 USC 136i-1(b)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 7 USC 136i-1(b) | status: Basic | banner: CUI.
- NARA sanctions field: 7 USC 136i-1(d).
- DoD authority row: 7 USC 136i-1(b). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 7 USC 136i-1(b) | status: Basic | banner: CUI | sanctions: 7 USC 136i-1(d)
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 241 TITLE 7—AGRICULTURE § 136i–1
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to the data gathered regarding the production of pesticides that specifies the non-disclosure of the identity and location of individual producers.
- DoD category scope used with this authority: Related to the data gathered regarding the production of pesticides that specifies the non-disclosure of the identity and location of individual producers.
- 7 USC 136i-1(b) | status: Basic | banner: CUI | sanctions: 7 USC 136i-1(d)
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to the data gathered regarding the production of pesticides that specifies the non-disclosure of the identity and location of individual producers.
- Extracted authority condition: (f) Surveys and reports The Secretary of Agriculture and the Adminis- trator of the Environmental Protection Agency, shall survey the records maintained under sub- section (a) to develop and maintain a data base that is sufficient to enable the Secretary and the Administrator to publish annual comprehen- sive reports concerning agricultural and non- agricultural pesticide use.
- Extracted authority condition: L. 95–396 required that, in any State without a State plan for applicator certifi- cation approved by the Administrator, the Adminis- trator, in consultation with the Governor of the State, shall conduct a program for the certification of appli- cators of pesticides under a Federal plan for applicator certification, and also that in such a State records be maintained and reports submitted by persons engaged in commercial application, sale or distribution of pes- ticides classified for restricted use. 1975—Subsec.
- Extracted authority condition: (2) Within 30 days of a pesticide application, a commercial certified applicator shall provide a copy of records maintained under paragraph (1) to the person for whom such application was provided.
- Extracted authority condition: (c) Health care personnel When a health professional determines that pesticide information maintained under this sec- tion is necessary to provide medical treatment or first aid to an individual who may have been exposed to pesticides for which the information is maintained, upon request persons required to maintain records under subsection (a) shall promptly provide record and available label in- formation to that health professional.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 7 USC 136i-1(b) | status: Basic | banner: CUI | sanctions: 7 USC 136i-1(d)
- Nara banner markings: CUI
- Nara sanctions: 7 USC 136i-1(d)
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Pesticide recordkeeping (a) Requirements (1) The Secretary of Agriculture, in consulta- tion with the Administrator of the Environ- mental Protection Agency, shall require cer- tified applicators of restricted use pesticides (of the type described under section 136a(d)(1)(C) of this title) to maintain records comparable to records maintained by commercial applicators of pesticides in each State.
- Extracted authority control: (f) Surveys and reports The Secretary of Agriculture and the Adminis- trator of the Environmental Protection Agency, shall survey the records maintained under sub- section (a) to develop and maintain a data base that is sufficient to enable the Secretary and the Administrator to publish annual comprehen- sive reports concerning agricultural and non- agricultural pesticide use.
- Extracted authority control: This report shall at least include— ‘‘(1) an analysis of the quality and reliability of the information collected by the Department of Agri- culture, the Environmental Protection Agency, and other Federal agencies regarding the agricultural use of pesticides; and ‘‘(2) an analysis of options to increase the effective- ness of national pesticide use information collection, including an analysis of costs, burdens placed on agri- cultural producers and other pesticide users, and ef- fectiveness in tracking risk reduction by those op- tions. ‘‘(b) The Secretary shall submit this report to Con- gress not later than 1 year following the date of enact- ment of this section [Aug. 3, 1996].’’ § 136j.
- Extracted authority control: Unlawful acts (a) In general (1) Except as provided by subsection (b), it shall be unlawful for any person in any State to distribute or sell to any person— (A) any pesticide that is not registered under section 136a of this title or whose registration has been canceled or suspended, except to the extent that distribution or sale otherwise has been authorized by the Administrator under this subchapter;
- Extracted authority control: Page 242 TITLE 7—AGRICULTURE § 136i–2 Federal agency shall conduct surveys and record the data from individual applicators to facili- tate statistical analysis for environmental and agronomic purposes, but in no case may a gov- ernment agency release data, including the loca- tion from which the data was derived, that would directly or indirectly reveal the identity of individual producers.
- Extracted authority control: A violation of such subsection shall— (1) in the case of the first offense, be subject to a fine of not more than $500; and (2) in the case of subsequent offenses, be sub- ject to a fine of not less than $1,000 for each violation, except that the penalty shall be less than $1,000 if the Secretary determines that the person made a good faith effort to comply with such subsection.
- Extracted authority control: (b) Collection The data shall be collected by surveys of farm- ers or from other sources offering statistically reliable data.
Authority excerpts
Most relevant extracted authority passagePesticide recordkeeping (a) Requirements (1) The Secretary of Agriculture, in consulta- tion with the Administrator of the Environ- mental Protection Agency, shall require cer- tified applicators of restricted use pesticides (of the type described under section 136a(d)(1)(C) of this title) to maintain records comparable to records maintained by commercial applicators of pesticides in each State.
Extracted authority passage 2(f) Surveys and reports The Secretary of Agriculture and the Adminis- trator of the Environmental Protection Agency, shall survey the records maintained under sub- section (a) to develop and maintain a data base that is sufficient to enable the Secretary and the Administrator to publish annual comprehen- sive reports concerning agricultural and non- agricultural pesticide use.
Extracted authority passage 3This report shall at least include— ‘‘(1) an analysis of the quality and reliability of the information collected by the Department of Agri- culture, the Environmental Protection Agency, and other Federal agencies regarding the agricultural use of pesticides; and ‘‘(2) an analysis of options to increase the effective- ness of national pesticide use information collection, including an analysis of costs, burdens placed on agri- cultural producers and other pesticide users, and ef- fectiveness in tracking risk reduction by those op- tions. ‘‘(b) The Secretary shall submit this report to Con- gress not later than 1 year following the date of enact- ment of this section [Aug. 3, 1996].’’ § 136j.
Extracted authority passage 4Unlawful acts (a) In general (1) Except as provided by subsection (b), it shall be unlawful for any person in any State to distribute or sell to any person— (A) any pesticide that is not registered under section 136a of this title or whose registration has been canceled or suspended, except to the extent that distribution or sale otherwise has been authorized by the Administrator under this subchapter;
Extracted authority passage 5Page 242 TITLE 7—AGRICULTURE § 136i–2 Federal agency shall conduct surveys and record the data from individual applicators to facili- tate statistical analysis for environmental and agronomic purposes, but in no case may a gov- ernment agency release data, including the loca- tion from which the data was derived, that would directly or indirectly reveal the identity of individual producers.
Extracted authority passage 6L. 95–396 required that, in any State without a State plan for applicator certifi- cation approved by the Administrator, the Adminis- trator, in consultation with the Governor of the State, shall conduct a program for the certification of appli- cators of pesticides under a Federal plan for applicator certification, and also that in such a State records be maintained and reports submitted by persons engaged in commercial application, sale or distribution of pes- ticides classified for restricted use. 1975—Subsec.