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

# §136w–1. State primary enforcement responsibility

- (a) **In general—** For the purposes of this subchapter, a [State](/usc/7/136.md?p=aa) shall have primary enforcement responsibility for [pesticide](/usc/7/136.md?p=u) use violations during any period for which the [Administrator](/usc/7/136.md?p=b) determines that such [State](/usc/7/136.md?p=aa)—
  - (1) has adopted adequate [pesticide](/usc/7/136.md?p=u) use laws and regulations, except that the [Administrator](/usc/7/136.md?p=b) may not require a [State](/usc/7/136.md?p=aa) to have [pesticide](/usc/7/136.md?p=u) use laws that are more stringent than this subchapter;
  - (2) has adopted and is implementing adequate procedures for the enforcement of such [State](/usc/7/136.md?p=aa) laws and regulations; and
  - (3) will keep such records and make such reports showing compliance with paragraphs (1) and (2) of this subsection as the [Administrator](/usc/7/136.md?p=b) may require by regulation.
- (b) **Special rules—** Notwithstanding the provisions of [subsection (a)](#a) of this section, any [State](/usc/7/136.md?p=aa) that enters into a cooperative agreement with the [Administrator](/usc/7/136.md?p=b) under [section 136u of this title](/usc/7/136u.md) for the enforcement of [pesticide](/usc/7/136.md?p=u) use restrictions shall have the primary enforcement responsibility for [pesticide](/usc/7/136.md?p=u) use violations. Any [State](/usc/7/136.md?p=aa) that has a plan approved by the [Administrator](/usc/7/136.md?p=b) in accordance with the requirements of [section 136i of this title](/usc/7/136i.md) that the [Administrator](/usc/7/136.md?p=b) determines meets the criteria set out in [subsection (a)](#a) of this section shall have the primary enforcement responsibility for [pesticide](/usc/7/136.md?p=u) use violations. The [Administrator](/usc/7/136.md?p=b) shall make such determinations with respect to [State](/usc/7/136.md?p=aa) plans under [section 136i of this title](/usc/7/136i.md) in effect on September 30, 1978, not later than six months after that date.
- (c) **Administrator—** The [Administrator](/usc/7/136.md?p=b) shall have primary enforcement responsibility for those [States](/usc/7/136.md?p=aa) that do not have primary enforcement responsibility under this subchapter. Notwithstanding the provisions of [section 136(e)(1) of this title](/usc/7/136.md?p=e-1), during any period when the [Administrator](/usc/7/136.md?p=b) has such enforcement responsibility, [section 136f(b) of this title](/usc/7/136f.md?p=b) shall apply to the books and records of [commercial applicators](/usc/7/136.md?p=e-3) and to any applicator who holds or applies [pesticides](/usc/7/136.md?p=u), or uses dilutions of [pesticides](/usc/7/136.md?p=u), only to provide a service of controlling [pests](/usc/7/136.md?p=t) without delivering any unapplied [pesticide](/usc/7/136.md?p=u) to any [person](/usc/7/136.md?p=s) so served, and [section 136g(a) of this title](/usc/7/136g.md?p=a) shall apply to the [establishment](/usc/7/136.md?p=dd) or other place where [pesticides](/usc/7/136.md?p=u) or [devices](/usc/7/136.md?p=h) are held for application by such [persons](/usc/7/136.md?p=s) with respect to [pesticides](/usc/7/136.md?p=u) or [devices](/usc/7/136.md?p=h) held for such application.

## Source credit

(June 25, 1947, ch. 125, § 26, as added Pub. L. 95–396, § 24(2), Sept. 30, 1978, 92 Stat. 836; amended Pub. L. 100–532, title VIII, § 801(o), (q)(1)(D), Oct. 25, 1988, 102 Stat. 2683; Pub. L. 102–237, title X, § 1006(a)(11), Dec. 13, 1991, 105 Stat. 1895.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 26 of act June 25, 1947, ch. 125, was renumbered section 34 and is classified to section 136x of this title.

### Amendments

1991—Subsec. (c). Pub. L. 102–237 substituted “uses” for “use”.

1988—Subsec. (a). Pub. L. 100–532, § 801(o)(1), (2), inserted heading and substituted “regulations. The Administrator” for “regulations; Provided, That the Administrator” in par. (1).

Subsec. (b). Pub. L. 100–532, § 801(o)(3), (q)(1)(D), inserted heading and substituted “136i” for “136b” in two places.

Subsec. (c). Pub. L. 100–532, § 801(o)(4), inserted heading.

### 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.