---
kind: "section"
citation: "7 U.S.C. § 136w–2"
title: "7"
title_heading: "Agriculture"
number: "136w–2"
heading: "Failure by the State to assure enforcement of State pesticide use regulations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/136w-2"
units:
  - "Chapter 6 — Insecticides and Environmental Pesticide Control"
  - "Subchapter II — Environmental Pesticide Control"
---

# §136w–2. Failure by the State to assure enforcement of State pesticide use regulations

- (a) **Referral—** Upon receipt of any complaint or other information alleging or indicating a significant violation of the [pesticide](/usc/7/136.md?p=u) use provisions of this subchapter, the [Administrator](/usc/7/136.md?p=b) shall refer the matter to the appropriate [State](/usc/7/136.md?p=aa) officials for their investigation of the matter consistent with the requirements of this subchapter. If, within thirty days, the [State](/usc/7/136.md?p=aa) has not commenced appropriate enforcement action, the [Administrator](/usc/7/136.md?p=b) may act upon the complaint or information to the extent authorized under this subchapter.
- (b) **Notice—** Whenever the [Administrator](/usc/7/136.md?p=b) determines that a [State](/usc/7/136.md?p=aa) having primary enforcement responsibility for [pesticide](/usc/7/136.md?p=u) use violations is not carrying out (or cannot carry out due to the lack of adequate legal authority) such responsibility, the [Administrator](/usc/7/136.md?p=b) shall notify the [State](/usc/7/136.md?p=aa). Such notice shall specify those aspects of the administration of the [State](/usc/7/136.md?p=aa) program that are determined to be inadequate. The [State](/usc/7/136.md?p=aa) shall have ninety days after receipt of the notice to correct any deficiencies. If after that time the [Administrator](/usc/7/136.md?p=b) determines that the [State](/usc/7/136.md?p=aa) program remains inadequate, the [Administrator](/usc/7/136.md?p=b) may rescind, in whole or in part, the [State](/usc/7/136.md?p=aa)’s primary enforcement responsibility for [pesticide](/usc/7/136.md?p=u) use violations.
- (c) **Construction—** Neither [section 136w–1 of this title](/usc/7/136w–1.md) nor this section shall limit the authority of the [Administrator](/usc/7/136.md?p=b) to enforce this subchapter, where the [Administrator](/usc/7/136.md?p=b) determines that emergency conditions exist that require immediate action on the part of the [Administrator](/usc/7/136.md?p=b) and the [State](/usc/7/136.md?p=aa) authority is unwilling or unable adequately to respond to the emergency.

## Source credit

(June 25, 1947, ch. 125, § 27, as added Pub. L. 95–396, § 24(2), Sept. 30, 1978, 92 Stat. 837; amended Pub. L. 100–532, title VIII, § 801(p), Oct. 25, 1988, 102 Stat. 2683.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 27 of act June 25, 1947, ch. 125, was renumbered section 35 and is classified to section 136y of this title.

### Amendments

1988—Pub. L. 100–532 inserted headings for subsecs. (a) to (c).

### 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.