---
kind: "section"
citation: "7 U.S.C. § 136i–1"
title: "7"
title_heading: "Agriculture"
number: "136i–1"
heading: "Pesticide recordkeeping"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/136i-1"
units:
  - "Chapter 6 — Insecticides and Environmental Pesticide Control"
  - "Subchapter II — Environmental Pesticide Control"
---

# §136i–1. Pesticide recordkeeping

- (a) **Requirements—**
  - (1) The [Secretary](/usc/7/499a.md?p=b-2) of Agriculture, in consultation with the [Administrator](/usc/7/136.md?p=b) of the Environmental Protection Agency, shall require [certified applicators](/usc/7/136.md?p=e-1) of restricted use [pesticides](/usc/7/136.md?p=u) (of the type described under [section 136a(d)(1)(C) of this title](/usc/7/136a.md?p=d-1-C)) to maintain records comparable to records maintained by [commercial applicators](/usc/7/136.md?p=e-3) of [pesticides](/usc/7/136.md?p=u) in each [State](/usc/7/136.md?p=aa). If there is no [State](/usc/7/136.md?p=aa) 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](/usc/7/136.md?p=u) used for a 2-year period after such use.
  - (2) Within 30 days of a [pesticide](/usc/7/136.md?p=u) application, a commercial [certified applicator](/usc/7/136.md?p=e-1) shall provide a copy of records maintained under [paragraph (1)](#a-1) to the [person](/usc/7/136.md?p=s) for whom such application was provided.
- (b) **Access—** Records maintained under [subsection (a)](#a) shall be made available to any Federal or [State](/usc/7/136.md?p=aa) agency that deals with [pesticide](/usc/7/136.md?p=u) use or any health or environmental issue related to the use of [pesticides](/usc/7/136.md?p=u), 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](/usc/7/136.md?p=w). In the case of Federal agencies, such access to records maintained under [subsection (a)](#a) shall be through the [Secretary](/usc/7/499a.md?p=b-2) of Agriculture, or the [Secretary](/usc/7/499a.md?p=b-2)’s designee. [State](/usc/7/136.md?p=aa) agency requests for access to records maintained under [subsection (a)](#a) shall be through the lead [State](/usc/7/136.md?p=aa) agency so designated by the [State](/usc/7/136.md?p=aa).
- (c) **Health care personnel—** When a health professional determines that [pesticide](/usc/7/136.md?p=u) information maintained under this section is necessary to provide medical treatment or first aid to an individual who may have been exposed to [pesticides](/usc/7/136.md?p=u) for which the information is maintained, upon request [persons](/usc/7/136.md?p=s) required to maintain records under [subsection (a)](#a) shall promptly provide record and available [label](/usc/7/136.md?p=p-1) information to that health professional. In the case of an emergency, such record information shall be provided immediately.
- (d) **Penalty—** The [Secretary](/usc/7/499a.md?p=b-2) of Agriculture shall be responsible for the enforcement of subsections [(a)](#a), [(b)](#b), and [(c)](#c). 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](/usc/7/499a.md?p=b-2) determines that the [person](/usc/7/136.md?p=s) 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](/usc/7/136.md?p=aa) laws.
- (f) **Surveys and reports—** The [Secretary](/usc/7/499a.md?p=b-2) of Agriculture and the [Administrator](/usc/7/136.md?p=b) of the Environmental Protection Agency, shall survey the records maintained under [subsection (a)](#a) to develop and maintain a data base that is sufficient to enable the [Secretary](/usc/7/499a.md?p=b-2) and the [Administrator](/usc/7/136.md?p=b) to publish annual comprehensive reports concerning agricultural and nonagricultural [pesticide](/usc/7/136.md?p=u) use. The [Secretary](/usc/7/499a.md?p=b-2) and [Administrator](/usc/7/136.md?p=b) 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](/usc/7/499a.md?p=b-2) of Agriculture and the [Administrator](/usc/7/136.md?p=b) of the Environmental Protection Agency shall promulgate regulations on their respective areas of responsibility implementing this section within 180 days after November 28, 1990.

## Source credit

(Pub. L. 101–624, title XIV, § 1491, Nov. 28, 1990, 104 Stat. 3627; Pub. L. 102–237, title X, § 1006(d), Dec. 13, 1991, 105 Stat. 1896.)

## Notes

### Editorial Notes

### 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, § 1006(d)(1), inserted closing parenthesis after “section 136a(d)(1)(C) of this title”.

Subsec. (d)(1). Pub. L. 102–237, § 1006(d)(2), inserted “of” after “fine”.