---
kind: "section"
citation: "7 U.S.C. § 136c"
title: "7"
title_heading: "Agriculture"
number: "136c"
heading: "Experimental use permits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/136c"
units:
  - "Chapter 6 — Insecticides and Environmental Pesticide Control"
  - "Subchapter II — Environmental Pesticide Control"
---

# §136c. Experimental use permits

- (a) **Issuance—** Any [person](/usc/7/136.md?p=s) may apply to the [Administrator](/usc/7/136.md?p=b) for an experimental use permit for a [pesticide](/usc/7/136.md?p=u). An application for an experimental use permit for a covered application under [section 136w–8(b) of this title](/usc/7/136w–8.md?p=b) shall conform with the requirements of that section. The [Administrator](/usc/7/136.md?p=b) shall review the application. After completion of the review, but not later than one hundred and twenty days after receipt of the application and all required supporting data (or in the case of an application for an experimental use permit for a covered application under [section 136w–8(b) of this title](/usc/7/136w–8.md?p=b), not later than the last day of the applicable timeframe for such application specified in such section), the [Administrator](/usc/7/136.md?p=b) shall either issue the permit or notify the applicant of the [Administrator](/usc/7/136.md?p=b)’s determination not to issue the permit and the reasons therefor. The applicant may correct the application or request a waiver of the conditions for such permit within thirty days of receipt by the applicant of such notification. The [Administrator](/usc/7/136.md?p=b) may issue an experimental use permit only if the [Administrator](/usc/7/136.md?p=b) determines that the applicant needs such permit in order to accumulate information necessary to register a [pesticide](/usc/7/136.md?p=u) under [section 136a of this title](/usc/7/136a.md). An application for an experimental use permit may be filed at any time.
- (b) **Temporary tolerance level—** If the [Administrator](/usc/7/136.md?p=b) determines that the use of a [pesticide](/usc/7/136.md?p=u) may reasonably be expected to result in any residue on or in food or feed, the [Administrator](/usc/7/136.md?p=b) may establish a temporary tolerance level for the residue of the [pesticide](/usc/7/136.md?p=u) before issuing the experimental use permit.
- (c) **Use under permit—** Use of a [pesticide](/usc/7/136.md?p=u) under an experimental use permit shall be under the supervision of the [Administrator](/usc/7/136.md?p=b), and shall be subject to such terms and conditions and be for such period of time as the [Administrator](/usc/7/136.md?p=b) may prescribe in the permit.
- (d) **Studies—** When any experimental use permit is issued for a [pesticide](/usc/7/136.md?p=u) containing any chemical or combination of chemicals which has not been included in any previously registered [pesticide](/usc/7/136.md?p=u), the [Administrator](/usc/7/136.md?p=b) may specify that studies be conducted to detect whether the use of the [pesticide](/usc/7/136.md?p=u) under the permit may cause [unreasonable adverse effects on the environment](/usc/7/136.md?p=bb). All results of such studies shall be reported to the [Administrator](/usc/7/136.md?p=b) before such [pesticide](/usc/7/136.md?p=u) may be registered under [section 136a of this title](/usc/7/136a.md).
- (e) **Revocation—** The [Administrator](/usc/7/136.md?p=b) may revoke any experimental use permit, at any time, if the [Administrator](/usc/7/136.md?p=b) finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid [unreasonable adverse effects on the environment](/usc/7/136.md?p=bb).
- (f) **State issuance of permits—** Notwithstanding the foregoing provisions of this section, the [Administrator](/usc/7/136.md?p=b) shall, under such terms and conditions as the [Administrator](/usc/7/136.md?p=b) may by regulations prescribe, authorize any [State](/usc/7/136.md?p=aa) to issue an experimental use permit for a [pesticide](/usc/7/136.md?p=u). All provisions of [section 136i of this title](/usc/7/136i.md) relating to [State](/usc/7/136.md?p=aa) plans shall apply with equal force to a [State](/usc/7/136.md?p=aa) plan for the issuance of experimental use permits under this section.
- (g) **Exemption for agricultural research agencies—** Notwithstanding the foregoing provisions of this section, the [Administrator](/usc/7/136.md?p=b) may issue an experimental use permit for a [pesticide](/usc/7/136.md?p=u) to any public or private agricultural research agency or educational institution which applies for such permit. Each permit shall not exceed more than a one-year period or such other specific time as the [Administrator](/usc/7/136.md?p=b) may prescribe. Such permit shall be issued under such terms and conditions restricting the use of the [pesticide](/usc/7/136.md?p=u) as the [Administrator](/usc/7/136.md?p=b) may require. Such [pesticide](/usc/7/136.md?p=u) may be used only by such research agency or educational institution for purposes of experimentation.

## Source credit

(June 25, 1947, ch. 125, § 5, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 983; amended Pub. L. 94–140, § 10, Nov. 28, 1975, 89 Stat. 754; Pub. L. 95–396, § 10, Sept. 30, 1978, 92 Stat. 828; Pub. L. 100–532, title VIII, § 801(d), (q)(1)(D), Oct. 25, 1988, 102 Stat. 2681, 2683; Pub. L. 102–237, title X, § 1006(b)(1), Dec. 13, 1991, 105 Stat. 1895; Pub. L. 116–8, § 4, Mar. 8, 2019, 133 Stat. 487.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 5 of act June 25, 1947, was classified to section 135c of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516.

### Amendments

2019—Subsec. (a). Pub. L. 116–8 substituted “permit for a pesticide. An application for an experimental use permit for a covered application under section 136w–8(b) of this title shall conform with the requirements of that section.” for “permit for a pesticide.” and inserted “(or in the case of an application for an experimental use permit for a covered application under section 136w–8(b) of this title, not later than the last day of the applicable timeframe for such application specified in such section)” after “all required supporting data”.

1991—Subsecs. (b), (e), (f). Pub. L. 102–237 substituted “the Administrator” for “he” before “may” in subsec. (b), before “finds” in subsec. (e), and before “may” in subsec. (f).

1988—Subsec. (f). Pub. L. 100–532, § 801(q)(1)(D), substituted “136i” for “136b”.

Subsec. (g). Pub. L. 100–532, § 801(d), substituted “require. Such pesticide” for “require: Provided, That such pesticide”.

1978—Subsec. (a). Pub. L. 95–396, § 10(1), provided for review of application, issuance or nonissuance of experimental use permit within prescribed period including reasons for denial, correction of application, and waiver of conditions and substituted provision for filing an application for experimental use permit at any time for prior provision for filing at the time of or before or after an application for registration is filed.

Subsec. (f). Pub. L. 95–396, § 10(2), substituted in first sentence “shall” for “may” where first appearing.

1975—Subsec. (g). Pub. L. 94–140 added subsec. (g).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100–532, set out as a note under section 136 of this title.

### Effective Date

For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title.