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.
| Department | Claims |
|---|---|
| Dept. of Agriculture | 6.0 |
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
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
use.
(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''.