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

# §136q. Storage, disposal, transportation, and recall

- (a) **Storage, disposal, and transportation—**
  - (1) **Data requirements and registration of pesticides—** The [Administrator](/usc/7/136.md?p=b) may require under section [136a](/usc/7/136a.md) or [136d](/usc/7/136d.md) of this title that—
    - (A) the [registrant](/usc/7/136.md?p=y) or applicant for [registration](/usc/7/136.md?p=z) of a [pesticide](/usc/7/136.md?p=u) submit or cite data or information regarding methods for the safe storage and disposal of excess quantities of the [pesticide](/usc/7/136.md?p=u) to support the [registration](/usc/7/136.md?p=z) or continued [registration](/usc/7/136.md?p=z) of a [pesticide](/usc/7/136.md?p=u);
    - (B) the [labeling](/usc/7/136.md?p=p-2) of a [pesticide](/usc/7/136.md?p=u) contain requirements and procedures for the transportation, storage, and disposal of the [pesticide](/usc/7/136.md?p=u), any container of the [pesticide](/usc/7/136.md?p=u), any rinsate containing the [pesticide](/usc/7/136.md?p=u), or any other material used to contain or collect excess or spilled quantities of the [pesticide](/usc/7/136.md?p=u); and
    - (C) the [registrant](/usc/7/136.md?p=y) of a [pesticide](/usc/7/136.md?p=u) provide evidence of sufficient financial and other resources to carry out a recall plan under [subsection (b)](#b), and provide for the disposition of the [pesticide](/usc/7/136.md?p=u), in the event of suspension and cancellation of the [pesticide](/usc/7/136.md?p=u).
  - (2) **Pesticides—** The [Administrator](/usc/7/136.md?p=b) may by regulation, or as part of an order issued under [section 136d of this title](/usc/7/136d.md) or an amendment to such an order—
    - (A) issue requirements and procedures to be followed by any [person](/usc/7/136.md?p=s) who stores or transports a [pesticide](/usc/7/136.md?p=u) the [registration](/usc/7/136.md?p=z) of which has been suspended or canceled;
    - (B) issue requirements and procedures to be followed by any [person](/usc/7/136.md?p=s) who disposes of stocks of a [pesticide](/usc/7/136.md?p=u) the [registration](/usc/7/136.md?p=z) of which has been suspended; and
    - (C) issue requirements and procedures for the disposal of any [pesticide](/usc/7/136.md?p=u) the [registration](/usc/7/136.md?p=z) of which has been canceled.
  - (3) **Containers, rinsates, and other materials—** The [Administrator](/usc/7/136.md?p=b) may by regulation, or as part of an order issued under [section 136d of this title](/usc/7/136d.md) or an amendment to such an order—
    - (A) issue requirements and procedures to be followed by any [person](/usc/7/136.md?p=s) who stores or transports any container of a [pesticide](/usc/7/136.md?p=u) the [registration](/usc/7/136.md?p=z) of which has been suspended or canceled, any rinsate containing the [pesticide](/usc/7/136.md?p=u), or any other material used to contain or collect excess or spilled quantities of the [pesticide](/usc/7/136.md?p=u);
    - (B) issue requirements and procedures to be followed by any [person](/usc/7/136.md?p=s) who disposes of stocks of any container of a [pesticide](/usc/7/136.md?p=u) the [registration](/usc/7/136.md?p=z) of which has been suspended, any rinsate containing the [pesticide](/usc/7/136.md?p=u), or any other material used to contain or collect excess or spilled quantities of the [pesticide](/usc/7/136.md?p=u); and
    - (C) issue requirements and procedures for the disposal of any container of a [pesticide](/usc/7/136.md?p=u) the [registration](/usc/7/136.md?p=z) of which has been canceled, any rinsate containing the [pesticide](/usc/7/136.md?p=u), or any other material used to contain or collect excess or spilled quantities of the [pesticide](/usc/7/136.md?p=u).
  - (4) **Container recycling—** The [Secretary](/usc/7/499a.md?p=b-2) may promulgate a regulation for the return and recycling of disposable [pesticide](/usc/7/136.md?p=u) containers used for the distribution or sale of registered [pesticide](/usc/7/136.md?p=u) products in interstate commerce. Any such regulation requiring recycling of disposable [pesticide](/usc/7/136.md?p=u) containers shall not apply to [antimicrobial pesticides](/usc/7/136.md?p=mm-1) (as defined in [section 136 of this title](/usc/7/136.md)) or other [pesticide](/usc/7/136.md?p=u) products intended for non-agricultural uses.
- (b) **Recalls—**
  - (1) **In general—** If the [registration](/usc/7/136.md?p=z) of a [pesticide](/usc/7/136.md?p=u) has been suspended and canceled under [section 136d of this title](/usc/7/136d.md), and if the [Administrator](/usc/7/136.md?p=b) finds that recall of the [pesticide](/usc/7/136.md?p=u) is necessary to protect health or the [environment](/usc/7/136.md?p=j), the [Administrator](/usc/7/136.md?p=b) shall order a recall of the [pesticide](/usc/7/136.md?p=u) in accordance with this subsection.
  - (2) **Voluntary recall—** If, after determining under [paragraph (1)](#b-1) that a recall is necessary, the [Administrator](/usc/7/136.md?p=b) finds that voluntary recall by the [registrant](/usc/7/136.md?p=y) and others in the chain of distribution may be as safe and effective as a mandatory recall, the [Administrator](/usc/7/136.md?p=b) shall request the [registrant](/usc/7/136.md?p=y) of the [pesticide](/usc/7/136.md?p=u) to submit, within 60 days of the request, a plan for the voluntary recall of the [pesticide](/usc/7/136.md?p=u). If such a plan is requested and submitted, the [Administrator](/usc/7/136.md?p=b) shall approve the plan and order the [registrant](/usc/7/136.md?p=y) to conduct the recall in accordance with the plan unless the [Administrator](/usc/7/136.md?p=b) determines, after an informal hearing, that the plan is inadequate to protect health or the [environment](/usc/7/136.md?p=j).
  - (3) **Mandatory recall—** If, after determining under [paragraph (1)](#b-1) that a recall is necessary, the [Administrator](/usc/7/136.md?p=b) does not request the submission of a plan under [paragraph (2)](#b-2) or finds such a plan to be inadequate, the [Administrator](/usc/7/136.md?p=b) shall issue a regulation that prescribes a plan for the recall of the [pesticide](/usc/7/136.md?p=u). A regulation issued under this paragraph may apply to any [person](/usc/7/136.md?p=s) who is or was a [registrant](/usc/7/136.md?p=y), distributor, or seller of the [pesticide](/usc/7/136.md?p=u), or any successor in interest to such a [person](/usc/7/136.md?p=s).
  - (4) **Recall procedure—** A regulation issued under this subsection may require any [person](/usc/7/136.md?p=s) that is subject to the regulation to—
    - (A) arrange to make available one or more storage facilities to receive and store the [pesticide](/usc/7/136.md?p=u) to which the recall program applies, and inform the [Administrator](/usc/7/136.md?p=b) of the location of each such facility;
    - (B) accept and store at such a facility those existing stocks of such [pesticide](/usc/7/136.md?p=u) that are tendered by any other [person](/usc/7/136.md?p=s) who obtained the [pesticide](/usc/7/136.md?p=u) directly or indirectly from the [person](/usc/7/136.md?p=s) that is subject to such regulation;
    - (C) on the request of a [person](/usc/7/136.md?p=s) making such a tender, provide for proper transportation of the [pesticide](/usc/7/136.md?p=u) to a storage facility; and
    - (D) take such reasonable steps as the regulation may prescribe to inform [persons](/usc/7/136.md?p=s) who may be holders of the [pesticide](/usc/7/136.md?p=u) of the terms of the recall regulation and how those [persons](/usc/7/136.md?p=s) may tender the [pesticide](/usc/7/136.md?p=u) and arrange for transportation of the [pesticide](/usc/7/136.md?p=u) to a storage facility.
  - (5) **Contents of recall plan—** A recall plan established under this subsection shall include—
    - (A) the level in the distribution chain to which the recall is to extend, and a schedule for recall; and
    - (B) the means to be used to verify the effectiveness of the recall.
  - (6) **Requirements or procedures—** No requirement or procedure imposed in accordance with [paragraph (2)](#a-2) of subsection (a) may require the recall of existing stocks of the [pesticide](/usc/7/136.md?p=u) except as provided by this subsection.
- (c) **Storage costs—**
  - (1) **Submission of plan—** A [registrant](/usc/7/136.md?p=y) who wishes to become eligible for reimbursement of storage costs incurred as a result of a recall prescribed under [subsection (b)](#b) for a [pesticide](/usc/7/136.md?p=u) whose [registration](/usc/7/136.md?p=z) has been suspended and canceled shall, as soon as practicable after the suspension of the [registration](/usc/7/136.md?p=z) of the [pesticide](/usc/7/136.md?p=u), submit to the [Administrator](/usc/7/136.md?p=b) a plan for the storage and disposal of the [pesticide](/usc/7/136.md?p=u) that meets criteria established by the [Administrator](/usc/7/136.md?p=b) by regulation.
  - (2) **Reimbursement—** Within a reasonable period of time after such storage costs are incurred and paid by the [registrant](/usc/7/136.md?p=y), the [Administrator](/usc/7/136.md?p=b) shall reimburse the [registrant](/usc/7/136.md?p=y), on request, for—
    - (A) none of the costs incurred by the [registrant](/usc/7/136.md?p=y) before the date of submission of the plan referred to in [paragraph (1)](#c-1) to the [Administrator](/usc/7/136.md?p=b);
    - (B) 100 percent of the costs incurred by the [registrant](/usc/7/136.md?p=y) after the date of submission of the plan to the [Administrator](/usc/7/136.md?p=b) or the date of cancellation of the [registration](/usc/7/136.md?p=z) of the [pesticide](/usc/7/136.md?p=u), whichever is later, but before the approval of the plan by the [Administrator](/usc/7/136.md?p=b);
    - (C) 50 percent of the costs incurred by the [registrant](/usc/7/136.md?p=y) during the 1-year period beginning on the date of the approval of the plan by the [Administrator](/usc/7/136.md?p=b) or the date of cancellation of the [registration](/usc/7/136.md?p=z) of the [pesticide](/usc/7/136.md?p=u), whichever is later;
    - (D) none of the costs incurred by the [registrant](/usc/7/136.md?p=y) during the 3-year period beginning on the 366th day following approval of the plan by the [Administrator](/usc/7/136.md?p=b) or the date of cancellation of the [registration](/usc/7/136.md?p=z) of the [pesticide](/usc/7/136.md?p=u), whichever is later; and
    - (E) 25 percent of the costs incurred by the [registrant](/usc/7/136.md?p=y) during the period beginning on the first day of the 5th year following the date of the approval of the plan by the [Administrator](/usc/7/136.md?p=b) or the date of cancellation of the [registration](/usc/7/136.md?p=z) of the [pesticide](/usc/7/136.md?p=u), whichever is later, and ending on the date that a disposal permit for the [pesticide](/usc/7/136.md?p=u) is issued by a [State](/usc/7/136.md?p=aa) or an alternative plan for disposal of the [pesticide](/usc/7/136.md?p=u) in accordance with applicable law has been developed.
- (d) **Administration of storage, disposal, transportation, and recall programs—**
  - (1) **Voluntary agreements—** Nothing in this section shall be construed as preventing or making unlawful any agreement between a seller and a buyer of any [pesticide](/usc/7/136.md?p=u) or other substance regarding the ultimate allocation of the costs of storage, transportation, or disposal of a [pesticide](/usc/7/136.md?p=u).
  - (2) **Rule and regulation review—** [Section 136w(a)(4) of this title](/usc/7/136w.md?p=a-4) shall not apply to any regulation issued under subsection [(a)(2)](#a-2) or [(b)](#b).
  - (3) **Limitations—** No [registrant](/usc/7/136.md?p=y) shall be responsible under this section for a [pesticide](/usc/7/136.md?p=u) the [registration](/usc/7/136.md?p=z) of which is held by another [person](/usc/7/136.md?p=s). No distributor or seller shall be responsible under this section for a [pesticide](/usc/7/136.md?p=u) that the distributor or seller did not hold or sell.
  - (4) **Seizure and penalties—** If the [Administrator](/usc/7/136.md?p=b) finds that a [person](/usc/7/136.md?p=s) who is subject to a regulation or order under subsection [(a)(2)](#a-2) or [(b)](#b) has failed substantially to comply with that regulation or order, the [Administrator](/usc/7/136.md?p=b) may take action under section [136k](/usc/7/136k.md) or [136l](/usc/7/136l.md) of this title or obtain injunctive relief under [section 136n(c) of this title](/usc/7/136n.md?p=c) against such [person](/usc/7/136.md?p=s) or any successor in interest of any such [person](/usc/7/136.md?p=s).
- (e) **Container design—**
  - (1) **Procedures—**
    - (A) Not later than 3 years after the effective date of this subsection, the [Administrator](/usc/7/136.md?p=b) shall, in consultation with the heads of other interested Federal agencies, promulgate regulations for the design of [pesticide](/usc/7/136.md?p=u) containers that will promote the safe storage and disposal of [pesticides](/usc/7/136.md?p=u).
    - (B) The regulations shall ensure, to the fullest extent practicable, that the containers—
      - (i) accommodate procedures used for the removal of [pesticides](/usc/7/136.md?p=u) from the containers and the rinsing of the containers;
      - (ii) facilitate the safe use of the containers, including elimination of splash and leakage of [pesticides](/usc/7/136.md?p=u) from the containers;
      - (iii) facilitate the safe disposal of the containers; and
      - (iv) facilitate the safe refill and reuse of the containers.
  - (2) **Compliance—** The [Administrator](/usc/7/136.md?p=b) shall require compliance with the regulations referred to in [paragraph (1)](#e-1) not later than 5 years after the effective date of this subsection.
- (f) **Pesticide residue removal—**
  - (1) **Procedures—**
    - (A) Not later than 3 years after the effective date of this subsection, the [Administrator](/usc/7/136.md?p=b) shall, in consultation with the heads of other interested Federal agencies, promulgate regulations prescribing procedures and standards for the removal of [pesticides](/usc/7/136.md?p=u) from containers prior to disposal.
    - (B) The regulations may—
      - (i) specify, for each major type of [pesticide](/usc/7/136.md?p=u) container, procedures and standards providing for, at a minimum, triple rinsing or the equivalent degree of [pesticide](/usc/7/136.md?p=u) removal;
      - (ii) specify procedures that can be implemented promptly and easily in various circumstances and conditions;
      - (iii) provide for reuse, whenever practicable, or disposal of rinse water and residue; and
      - (iv) be coordinated with requirements for the rinsing of containers imposed under the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.).
    - (C) The [Administrator](/usc/7/136.md?p=b) may, at the discretion of the [Administrator](/usc/7/136.md?p=b), exempt products intended solely for household use from the requirements of this subsection.
  - (2) **Compliance—** Effective beginning 5 years after the effective date of this subsection, a [State](/usc/7/136.md?p=aa) may not exercise primary enforcement responsibility under [section 136w–1 of this title](/usc/7/136w–1.md), or certify an applicator under [section 136i of this title](/usc/7/136i.md), unless the [Administrator](/usc/7/136.md?p=b) determines that the [State](/usc/7/136.md?p=aa) is carrying out an adequate program to ensure compliance with this subsection.
  - (3) **Solid Waste Disposal Act—** Nothing in this subsection shall affect the authorities or requirements concerning [pesticide](/usc/7/136.md?p=u) containers under the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md)).
- (g) **Pesticide container study—**
  - (1) **Study—**
    - (A) The [Administrator](/usc/7/136.md?p=b) shall conduct a study of options to encourage or require—
      - (i) the return, refill, and reuse of [pesticide](/usc/7/136.md?p=u) containers;
      - (ii) the development and use of [pesticide](/usc/7/136.md?p=u) formulations that facilitate the removal of [pesticide](/usc/7/136.md?p=u) residues from containers; and
      - (iii) the use of bulk storage facilities to reduce the number of [pesticide](/usc/7/136.md?p=u) containers requiring disposal.
    - (B) In conducting the study, the [Administrator](/usc/7/136.md?p=b) shall—
      - (i) consult with the heads of other interested Federal agencies, [State](/usc/7/136.md?p=aa) agencies, industry groups, and environmental organizations; and
      - (ii) assess the feasibility, costs, and environmental benefits of encouraging or requiring various measures or actions.
  - (2) **Report—** Not later than 2 years after the effective date of this subsection, the [Administrator](/usc/7/136.md?p=b) shall submit to Congress a report describing the results of the study required under [paragraph (1)](#g-1).
- (h) **Relationship to Solid Waste Disposal Act—**
  - (1) **In general—** Nothing in this section shall diminish the authorities or requirements of the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.).
  - (2) **Antimicrobial products—** A household, industrial, or institutional antimicrobial product that is not subject to regulation under the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.) shall not be subject to the provisions of subsections [(a)](#a), [(e)](#e), and [(f)](#f), unless the [Administrator](/usc/7/136.md?p=b) determines that such product must be subject to such provisions to prevent an unreasonable adverse effect on the [environment](/usc/7/136.md?p=j).

## Source credit

(June 25, 1947, ch. 125, § 19, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 995; amended Pub. L. 95–396, § 19, Sept. 30, 1978, 92 Stat. 833; Pub. L. 100–532, title IV, §§ 401–403, title VIII, § 801(q)(1)(D), Oct. 25, 1988, 102 Stat. 2669, 2672, 2683; Pub. L. 104–170, title II, § 225, Aug. 3, 1996, 110 Stat. 1507; Pub. L. 110–234, title XIV, § 14209(b), May 22, 2008, 122 Stat. 1463; Pub. L. 110–246, § 4(a), title XIV, § 14209(b), June 18, 2008, 122 Stat. 1664, 2225.)

## Notes

### Editorial Notes

### References in Text

The effective date of this subsection, referred to in subsecs. (e), (f)(1)(A), (2), and (g)(2), is 60 days after Oct. 25, 1988, the effective date of Pub. L. 100–532. See Effective Date of 1988 Amendment note below.

The Solid Waste Disposal Act, referred to in subsecs. (f)(1)(B)(iv), (3) and (h), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.

### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

### Amendments

2008—Subsec. (a)(4). Pub. L. 110–246, § 14209(b), added par. (4).

1996—Subsec. (h). Pub. L. 104–170 designated existing provisions as par. (1), inserted heading, and added par. (2).

1988—Pub. L. 100–532, § 401, amended section generally, in subsec. (a) substituting provisions which related to storage, disposal, and transportation, for provisions which directed Secretary to establish procedures for disposal or storage, in subsec. (b) substituting provisions which related to recalls, for provisions which directed Administrator to provide advice to Secretary of Transportation, in subsec. (c) substituting provisions which related to storage costs, for provisions which related to disposal of unused quantities, and adding subsec. (d).

Subsec. (a)(3). Pub. L. 100–532, § 402, added par. (3).

Subsecs. (e), (f). Pub. L. 100–532, § 403, added subsecs. (e) and (f).

Subsec. (f)(2). Pub. L. 100–532, § 801(q)(1)(D), substituted “136i” for “136b”.

Subsecs. (g), (h). Pub. L. 100–532, § 403, added subsecs. (g) and (h).

1978—Subsec. (c). Pub. L. 95–396 added subsec. (c).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

### 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.