--- kind: "section" citation: "7 U.S.C. § 136v" title: "7" title_heading: "Agriculture" number: "136v" heading: "Authority of States" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/136v" units: - "Chapter 6 — Insecticides and Environmental Pesticide Control" - "Subchapter II — Environmental Pesticide Control" --- # §136v. Authority of States - (a) **In general—** A [State](/usc/7/136.md?p=aa) may regulate the sale or use of any federally registered [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) in the [State](/usc/7/136.md?p=aa), but only if and to the extent the regulation does not permit any sale or use prohibited by this subchapter. - (b) **Uniformity—** Such [State](/usc/7/136.md?p=aa) shall not impose or continue in effect any requirements for [labeling](/usc/7/136.md?p=p-2) or packaging in addition to or different from those required under this subchapter. - (c) **Additional uses—** - (1) A [State](/usc/7/136.md?p=aa) may provide [registration](/usc/7/136.md?p=z) for additional uses of federally registered [pesticides](/usc/7/136.md?p=u) formulated for distribution and use within that [State](/usc/7/136.md?p=aa) to meet special local needs in accord with the purposes of this subchapter and if [registration](/usc/7/136.md?p=z) for such use has not previously been denied, disapproved, or canceled by the [Administrator](/usc/7/136.md?p=b). Such [registration](/usc/7/136.md?p=z) shall be deemed [registration](/usc/7/136.md?p=z) under [section 136a of this title](/usc/7/136a.md) for all purposes of this subchapter, but shall authorize distribution and use only within such [State](/usc/7/136.md?p=aa). - (2) A [registration](/usc/7/136.md?p=z) issued by a [State](/usc/7/136.md?p=aa) under this subsection shall not be effective for more than ninety days if disapproved by the [Administrator](/usc/7/136.md?p=b) within that period. Prior to disapproval, the [Administrator](/usc/7/136.md?p=b) shall, except as provided in paragraph (3) of this subsection, advise the [State](/usc/7/136.md?p=aa) of the [Administrator](/usc/7/136.md?p=b)’s intention to disapprove and the reasons therefor, and provide the [State](/usc/7/136.md?p=aa) time to respond. The [Administrator](/usc/7/136.md?p=b) shall not prohibit or disapprove a [registration](/usc/7/136.md?p=z) issued by a [State](/usc/7/136.md?p=aa) under this subsection (A) on the basis of lack of essentiality of a [pesticide](/usc/7/136.md?p=u) or (B) except as provided in paragraph (3) of this subsection, if its composition and use patterns are similar to those of a federally registered [pesticide](/usc/7/136.md?p=u). - (3) In no instance may a [State](/usc/7/136.md?p=aa) issue a [registration](/usc/7/136.md?p=z) for a food or feed use unless there exists a tolerance or exemption under the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](/usc/21/301.md) et seq.] that permits the residues of the [pesticides](/usc/7/136.md?p=u) on the food or feed. If the [Administrator](/usc/7/136.md?p=b) determines that a [registration](/usc/7/136.md?p=z) issued by a [State](/usc/7/136.md?p=aa) is inconsistent with the Federal Food, Drug, and Cosmetic Act, or the use of, a [pesticide](/usc/7/136.md?p=u) under a [registration](/usc/7/136.md?p=z) issued by a [State](/usc/7/136.md?p=aa) constitutes an [imminent hazard](/usc/7/136.md?p=l), the [Administrator](/usc/7/136.md?p=b) may immediately disapprove the [registration](/usc/7/136.md?p=z). - (4) If the [Administrator](/usc/7/136.md?p=b) finds, in accordance with standards set forth in regulations issued under [section 136w of this title](/usc/7/136w.md), that a [State](/usc/7/136.md?p=aa) is not capable of exercising adequate controls to assure that [State](/usc/7/136.md?p=aa) [registration](/usc/7/136.md?p=z) under this section will be in accord with the purposes of this subchapter or has failed to exercise adequate controls, the [Administrator](/usc/7/136.md?p=b) may suspend the authority of the [State](/usc/7/136.md?p=aa) to register [pesticides](/usc/7/136.md?p=u) until such time as the [Administrator](/usc/7/136.md?p=b) is satisfied that the [State](/usc/7/136.md?p=aa) can and will exercise adequate controls. Prior to any such suspension, the [Administrator](/usc/7/136.md?p=b) shall advise the [State](/usc/7/136.md?p=aa) of the [Administrator](/usc/7/136.md?p=b)’s intention to suspend and the reasons therefor and provide the [State](/usc/7/136.md?p=aa) time to respond. ## Source credit (June 25, 1947, ch. 125, § 24, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 997; amended Pub. L. 95–396, § 22, Sept. 30, 1978, 92 Stat. 835; Pub. L. 100–532, title VIII, § 801(m), Oct. 25, 1988, 102 Stat. 2682.) ## Notes ### Editorial Notes ### References in Text The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. ### Amendments 1988—Pub. L. 100–532, § 801(m), inserted headings for subsecs. (a) to (c) and realigned margins of pars. (1) to (4) of subsec. (c). 1978—Subsec. (a). Pub. L. 95–396 inserted “federally registered” before “pesticide or device”. Subsec. (b). Pub. L. 95–396 substituted “labeling or packaging” and “required under” for “labeling and packaging” and “required pursuant to”, respectively. Subsec. (c)(1). Pub. L. 95–396 incorporated existing text in provisions designated par. (1) and substituted “registration for additional uses of federally registered pesticides” for “registration for pesticides”. Subsec. (c)(2). Pub. L. 95–396 incorporated existing text in provisions designated par. (2), conditioned disapproval of registration on communication of intention to disapprove and reasons for disapproval and provision for time to respond, and restricted authority of Administrator to prohibit or disapprove a State registration. Subsec. (c)(3). Pub. L. 95–396 added par. (3). Subsec. (c)(4). Pub. L. 95–396 incorporated existing text in provisions designated par. (4) and authorized suspension of registration authority of the State based on findings of inability or failure to exercise adequate controls following an indication of intention to suspend and reasons for the suspension and provision for time to respond. ### 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.