7 USC 136i-1(b): The identity, and/or any information leading to the identity of users of restricted use pesticides / Location where restricted pesticides are applied

About This Project

This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

                          TITLE 7--AGRICULTURE
Sec. 136i-1. Pesticide recordkeeping

(a) Requirements

    (1) The Secretary of Agriculture, in consultation with the 
Administrator of the Environmental Protection Agency, shall require 
certified 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. If there is no State requirement for the maintenance of 
records, such applicator shall maintain records that contain the product 
name, amount, approximate date of application, and location of 
application of each such pesticide used for a 2-year period after such 
    (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.

(b) Access Records maintained under subsection (a) of this section shall be made available to any Fed [[Page 189]] eral or State agency that deals with pesticide use or any health or environmental issue related to the use of pesticides, on the request of such agency. Each such Federal agency shall conduct surveys and record the data from individual applicators to facilitate statistical analysis for environmental and agronomic purposes, but in no case may a government agency release data, including the location from which the data was derived, that would directly or indirectly reveal the identity of individual producers. In the case of Federal agencies, such access to records maintained under subsection (a) of this section shall be through the Secretary of Agriculture, or the Secretary's designee. State agency requests for access to records maintained under subsection (a) of this section shall be through the lead State agency so designated by the State. (c) Health care personnel When a health professional determines that pesticide information maintained under this section 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) of this section shall promptly provide record and available label information to that health professional. In the case of an emergency, such record information shall be provided immediately. (d) Penalty The Secretary of Agriculture shall be responsible for the enforcement of subsections (a), (b), and (c) of this section. 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 subject 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. (e) Federal or State provisions The requirements of this section shall not affect provisions of other Federal or State laws. (f) Surveys and reports The Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall survey the records maintained under subsection (a) of this section to develop and maintain a data base that is sufficient to enable the Secretary and the Administrator to publish annual comprehensive reports concerning agricultural and nonagricultural pesticide use. The Secretary and Administrator shall enter into a memorandum of understanding to define their respective responsibilities under this subsection in order to avoid duplication of effort. Such reports shall be transmitted to Congress not later than April 1 of each year. (g) Regulations The Secretary of Agriculture and the Administrator of the Environmental Protection Agency shall promulgate regulations on their respective areas of responsibility implementing this section within 180 days after November 28, 1990. (Pub. L. 101-624, title XIV, Sec. 1491, Nov. 28, 1990, 104 Stat. 3627; Pub. L. 102-237, title X, Sec. 1006(d), Dec. 13, 1991, 105 Stat. 1896.) Codification Section was enacted as part of the Conservation Program Improvements Act, and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Federal Insecticide, Fungicide, and Rodenticide Act which comprises this subchapter. Amendments 1991--Subsec. (a)(1). Pub. L. 102-237, Sec. 1006(d)(1), inserted closing parenthesis after ``section 136a(d)(1)(C) of this title''. Subsec. (d)(1). Pub. L. 102-237, Sec. 1006(d)(2), inserted ``of'' after ``fine''.