Page:United States Statutes at Large Volume 102 Part 3.djvu/725

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-532—OCT. 25, 1988

102 STAT. 2677

effective date of the amendment made by this section, shall be made from the appropriation provided under section 1304 of title 31, United States Code. (2) ADMINISTRATIVE SETTLEMENT.—An administrative settle-

ment of a claim for such indemnity may be made in accordance with the third paragraph of section 2414 of title 28, United States Code, and shall be regarded as if it were made under that section for purposes of section 1304 of title 31, United States Code.

TITLE VI—GENERAL SEC. 601. DEFINITIONS. (a) IN GENERAL.—

(1) To USE ANY REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABEUNG.—The first proviso of section 2(ee) (7 U.S.C. 136(ee)) is amended— (A) in clause (1), by inserting before the comma at the end thereof the following: "unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency"; and (B) in clause (3), by inserting before the comma at the end thereof the following: "unless the labeling specifically states that the product may be applied only by the methods specified on the labeling". (2) To DISTRIBUTE OR SELL.—SectioD 2 (as amended by section 101 of this Act) is further amended by adding at the end thereof the following new subsection: "(gg) To DISTRIBUTE OR SELL.—The term 'to distribute or sell' means to distribute, sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver. The term does not include the holding or application of registered pesticides or use dilutions thereof by any applicator who provides a service of controlling pests without delivering any unapplied pesticide to any person so served.". O> CONFORMING AMENDMENTS.— t) (1) REGISTRATION OF PESTICIDES.—Subsection (a) of section 3

(7 U.S.C. 136a(a)) is amended to read as follows: "(a) REQUIREMENT OF REGISTRATION.—Except as provided by this Act, no person in any State may distribute or sell to any person any pesticide that is not registered under this Act. To the extent nee- Environmental essary to prevent unreasonable adverse effects on the environment, protection. the Administrator may by regulation limit the distribution, sale, or use in any State of any pesticide that is not registered under this Act and that is not the subject of an experimental use permit under section 5 or an emergency exemption under section 18.. (2) UNLAWFUL ACTS.—Section 12(a) (7 U.S.C. 136j(a)) is amended— (A) in paragraph (1), by striking out "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—" and inserting in lieu thereof "distribute or sell to any person—"; and (B) in paragraph (2)(F), by striking out "to make" and inserting in lieu thereof "to distribute or sell, or to make".