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

# §136j. Unlawful acts

- (a) **In general—**
  - (1) Except as provided by [subsection (b)](#b), it shall be unlawful for any [person](/usc/7/136.md?p=s) in any [State](/usc/7/136.md?p=aa) [to distribute or sell](/usc/7/136.md?p=gg) to any [person](/usc/7/136.md?p=s)—
    - (A) any [pesticide](/usc/7/136.md?p=u) that is not registered under [section 136a of this title](/usc/7/136a.md) or whose [registration](/usc/7/136.md?p=z) has been canceled or suspended, except to the extent that distribution or sale otherwise has been authorized by the [Administrator](/usc/7/136.md?p=b) under this subchapter;
    - (B) any registered [pesticide](/usc/7/136.md?p=u) if any claims made for it as a part of its distribution or sale substantially differ from any claims made for it as a part of the statement required in connection with its [registration](/usc/7/136.md?p=z) under [section 136a of this title](/usc/7/136a.md);
    - (C) any registered [pesticide](/usc/7/136.md?p=u) the composition of which differs at the time of its distribution or sale from its composition as described in the statement required in connection with its [registration](/usc/7/136.md?p=z) under [section 136a of this title](/usc/7/136a.md);
    - (D) any [pesticide](/usc/7/136.md?p=u) which has not been colored or discolored pursuant to the provisions of [section 136w(c)(5) of this title](/usc/7/136w.md?p=c-5);
    - (E) any [pesticide](/usc/7/136.md?p=u) which is [adulterated](/usc/7/136.md?p=c) or misbranded; or
    - (F) any [device](/usc/7/136.md?p=h) which is misbranded.
  - (2) It shall be unlawful for any [person](/usc/7/136.md?p=s)—
    - (A) to detach, alter, deface, or destroy, in whole or in part, any [labeling](/usc/7/136.md?p=p-2) required under this subchapter;
    - (B) to refuse to—
      - (i) prepare, maintain, or submit any records required by or under section [136c](/usc/7/136c.md), [136e](/usc/7/136e.md), [136f](/usc/7/136f.md), [136i](/usc/7/136i.md), or [136q](/usc/7/136q.md) of this title;
      - (ii) submit any reports required by or under section [136c](/usc/7/136c.md), [136d](/usc/7/136d.md), [136e](/usc/7/136e.md), [136f](/usc/7/136f.md), [136i](/usc/7/136i.md), or [136q](/usc/7/136q.md) of this title; or
      - (iii) allow any entry, inspection, copying of records, or sampling authorized by this subchapter;
    - (C) to give a guaranty or undertaking provided for in [subsection (b)](#b) which is false in any particular, except that a [person](/usc/7/136.md?p=s) who receives and relies upon a guaranty authorized under [subsection (b)](#b) may give a guaranty to the same effect, which guaranty shall contain, in addition to the [person](/usc/7/136.md?p=s)’s own name and address, the name and address of the [person](/usc/7/136.md?p=s) residing in the United States from whom the [person](/usc/7/136.md?p=s) received the guaranty or undertaking;
    - (D) to use for the [person](/usc/7/136.md?p=s)’s own advantage or to reveal, other than to the [Administrator](/usc/7/136.md?p=b), or officials or employees of the Environmental Protection Agency or other Federal executive agencies, or to the courts, or to physicians, pharmacists, and other qualified [persons](/usc/7/136.md?p=s), needing such information for the performance of their duties, in accordance with such directions as the [Administrator](/usc/7/136.md?p=b) may prescribe, any information acquired by authority of this subchapter which is confidential under this subchapter;
    - (E) who is a [registrant](/usc/7/136.md?p=y), wholesaler, [dealer](/usc/7/499a.md?p=b-6), [retailer](/usc/7/499a.md?p=b-11), or other distributor to advertise a product registered under this subchapter for restricted use without giving the classification of the product assigned to it under [section 136a of this title](/usc/7/136a.md);
    - (F) [to distribute or sell](/usc/7/136.md?p=gg), or to make available for use, or to use, any registered [pesticide](/usc/7/136.md?p=u) classified for restricted use for some or all purposes other than in accordance with [section 136a(d) of this title](/usc/7/136a.md?p=d) and any regulations thereunder, except that it shall not be unlawful to sell, under regulations issued by the [Administrator](/usc/7/136.md?p=b), a restricted use [pesticide](/usc/7/136.md?p=u) to a [person](/usc/7/136.md?p=s) who is not a [certified applicator](/usc/7/136.md?p=e-1) for application by a [certified applicator](/usc/7/136.md?p=e-1);
    - (G) [to use any registered pesticide in a manner inconsistent with its labeling](/usc/7/136.md?p=ee);
    - (H) to use any [pesticide](/usc/7/136.md?p=u) which is under an experimental use permit contrary to the provisions of such permit;
    - (I) to violate any order issued under [section 136k of this title](/usc/7/136k.md);
    - (J) to violate any suspension order issued under section [136a(c)(2)(B)](/usc/7/136a.md?p=c-2-B), [136a–1](/usc/7/136a–1.md), or [136d](/usc/7/136d.md) of this title;
    - (K) to violate any cancellation order issued under this subchapter or to fail to submit a notice in accordance with [section 136d(g) of this title](/usc/7/136d.md?p=g);
    - (L) who is a [producer](/usc/7/136.md?p=w) to violate any of the provisions of [section 136e of this title](/usc/7/136e.md);
    - (M) to knowingly falsify all or part of any application for [registration](/usc/7/136.md?p=z), application for experimental use permit, any information submitted to the [Administrator](/usc/7/136.md?p=b) pursuant to [section 136e of this title](/usc/7/136e.md), any records required to be maintained pursuant to this subchapter, any report filed under this subchapter, or any information marked as confidential and submitted to the [Administrator](/usc/7/136.md?p=b) under any provision of this subchapter;
    - (N) who is a [registrant](/usc/7/136.md?p=y), wholesaler, [dealer](/usc/7/499a.md?p=b-6), [retailer](/usc/7/499a.md?p=b-11), or other distributor to fail to file reports required by this subchapter;
    - (O) to add any substance to, or take any substance from, any [pesticide](/usc/7/136.md?p=u) in a manner that may defeat the purpose of this subchapter;
    - (P) to use any [pesticide](/usc/7/136.md?p=u) in tests on human beings unless such human beings (i) are fully informed of the nature and purposes of the test and of any physical and mental health consequences which are reasonably foreseeable therefrom, and (ii) freely volunteer to participate in the test;
    - (Q) to falsify all or part of any information relating to the testing of any [pesticide](/usc/7/136.md?p=u) (or any ingredient, metabolite, or degradation product thereof), including the nature of any protocol, procedure, substance, organism, or equipment used, observation made, or conclusion or opinion formed, submitted to the [Administrator](/usc/7/136.md?p=b), or that the [person](/usc/7/136.md?p=s) knows will be furnished to the [Administrator](/usc/7/136.md?p=b) or will become a part of any records required to be maintained by this subchapter;
    - (R) to submit to the [Administrator](/usc/7/136.md?p=b) data known to be false in support of a [registration](/usc/7/136.md?p=z); or
    - (S) to violate any regulation issued under section [136a(a)](/usc/7/136a.md?p=a) or [136q](/usc/7/136q.md) of this title.
- (b) **Exemptions—** The penalties provided for a violation of [paragraph (1)](#a-1) of subsection (a) shall not apply to—
  - (1) any [person](/usc/7/136.md?p=s) who establishes a guaranty signed by, and containing the name and address of, the [registrant](/usc/7/136.md?p=y) or [person](/usc/7/136.md?p=s) residing in the United States from whom the [person](/usc/7/136.md?p=s) purchased or received in good faith the [pesticide](/usc/7/136.md?p=u) in the same unbroken package, to the effect that the [pesticide](/usc/7/136.md?p=u) was lawfully registered at the time of sale and delivery to the [person](/usc/7/136.md?p=s), and that it complies with the other requirements of this subchapter, and in such case the guarantor shall be subject to the penalties which would otherwise attach to the [person](/usc/7/136.md?p=s) holding the guaranty under the provisions of this subchapter;
  - (2) any carrier while lawfully shipping, transporting, or delivering for shipment any [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h), if such carrier upon request of any officer or employee duly designated by the [Administrator](/usc/7/136.md?p=b) shall permit such officer or employee to copy all of its records concerning such [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h);
  - (3) any public official while engaged in the performance of the official duties of the public official;
  - (4) any [person](/usc/7/136.md?p=s) using or possessing any [pesticide](/usc/7/136.md?p=u) as provided by an experimental use permit in effect with respect to such [pesticide](/usc/7/136.md?p=u) and such use or possession; or
  - (5) any [person](/usc/7/136.md?p=s) who ships a substance or mixture of substances being put through tests in which the purpose is only to determine its value for [pesticide](/usc/7/136.md?p=u) purposes or to determine its toxicity or other properties and from which the user does not expect to receive any benefit in [pest](/usc/7/136.md?p=t) control from its use.

## Source credit

(June 25, 1947, ch. 125, § 12, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 989; amended Pub. L. 95–396, § 16, Sept. 30, 1978, 92 Stat. 832; Pub. L. 100–532, title VI, §§ 601(b)(2), 603, title VIII, § 801(g), (q)(2)(B), Oct. 25, 1988, 102 Stat. 2677, 2678, 2682, 2683; Pub. L. 102–237, title X, § 1006(a)(7), (b)(3)(L)–(O), Dec. 13, 1991, 105 Stat. 1895, 1896.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 12 of act June 25, 1947, was classified to section 135j of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516.

### Amendments

1991—Subsec. (a)(2)(C). Pub. L. 102–237, § 1006(b)(3)(L), substituted “the person’s” for “his” and “the person” for “he” before “received”.

Subsec. (a)(2)(D). Pub. L. 102–237, § 1006(b)(3)(M), substituted “the person’s” for “his”.

Subsec. (a)(2)(F). Pub. L. 102–237, § 1006(a)(7)(A), substituted “thereunder, except that it” for “thereunder. It”.

Subsec. (a)(2)(O). Pub. L. 102–237, § 1006(a)(7)(B), struck out “or” after semicolon at end.

Subsec. (a)(2)(P). Pub. L. 102–237, § 1006(a)(7)(C), substituted a semicolon for period at end.

Subsec. (b)(1). Pub. L. 102–237, § 1006(b)(3)(N), substituted “the person” for “he” after “from whom” and for “him” after “delivery to”.

Subsec. (b)(3). Pub. L. 102–237, § 1006(b)(3)(O), substituted “the official duties of the public official” for “his official duties”.

1988—Subsec. (a)(1). Pub. L. 100–532, § 601(b)(2)(A), in introductory provisions, substituted “distribute or sell to any person” for “distribute, sell, offer for sale, hold for sale, ship, deliver for shipment, or receive and (having so received) deliver or offer to deliver, to any person”.

Subsec. (a)(1)(A). Pub. L. 100–532, § 603(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “any pesticide which is not registered under section 136a of this title, except as provided by section 136d(a)(1) of this title;”.

Subsec. (a)(2)(B). Pub. L. 100–532, § 603(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “to refuse to keep any records required pursuant to section 136f of this title, or to refuse to allow inspection of any records or establishment pursuant to section 136f or 136g of this title, or to refuse to allow an officer or employee of the Environmental Protection Agency to take a sample of any pesticide pursuant to section 136g of this title;”.

Subsec. (a)(2)(F). Pub. L. 100–532, §§ 601(b)(2)(B), 801(g), substituted “to distribute or sell, or to make” for “to make” and “thereunder, It” for “thereunder: Provided, That it”.

Subsec. (a)(2)(J). Pub. L. 100–532, § 801(q)(2)(B), made a technical amendment to the reference to section 136a–1 of this title to reflect the renumbering of the corresponding section of the original act.

Pub. L. 100–532, § 603(2)(B), added subpar. (J) and struck out former subpar. (J) which read as follows: “to violate any suspension order issued under section 136d of this title;”.

Subsec. (a)(2)(K). Pub. L. 100–532, § 603(2)(B), added subpar. (K) and struck out former subpar. (K) which read as follows: “to violate any cancellation of registration of a pesticide under section 136d of this title, except as provided by section 136d(a)(1) of this title;”.

Subsec. (a)(2)(M). Pub. L. 100–532, § 603(2)(C), substituted “this subchapter” for “section 136f of this title”.

Subsec. (a)(2)(Q), (R), (S). Pub. L. 100–532, § 603(2)(D), added subpars. (Q), (R), and (S).

1978—Subsec. (a)(2)(F). Pub. L. 95–396 inserted proviso exempting from prohibition the sale, under regulations issued by the Administrator, of a restricted use pesticide to a person who is not a certified applicator for application by a certified applicator.

### 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.