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1 hearing before so doing. If the Administrator approves a 2 plan submitted under this paragraph, then such State shall 3 certify applicators of pesticides with respect to such State. 4 Whenever the Administrator determines that a State is not 5 administering the certification program in accordance with

the plan approved under this section, he shall so notify the 7 State and provide for a hearing at the request of the 8 State, and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the 10 Administrator shall withdraw approval of such plan. 11 ❝SEC. 5. EXPERIMENTAL USE PERMITS.

12

"(a) ISSUANCE.-Any person may apply to the Ad13 ministrator for an experimental use permit for a pesticide. 14 The Administrator may issue an experimental use permit if 15 he determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide 17 under section 3. An application for an experimental use per

16

18 mit may be filed at the time of or before or after an applica

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tion for registration is filed.

"(b) TEMPORARY TOLERANCE LEVEL.-If the Admin

21 istrator determines that the use of a pesticide may reasonably

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be expected to result in any residue on or in food or feed, he

may establish a temporary tolerance level for the residue of

the pesticide before issuing the experimental use permit.

"(c) Use Under Permit.—Use of a pesticide under

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14 within a reasonable time, not to exceed ninety days, the

15 Administrator shall withdraw approval of such plan.

16 "SEC. 5. EXPERIMENTAL USE PERMITS.

17 "(a) ISSUANCE.-Any person may apply to the Ad18 ministrator for an experimental use permit for a pesticide. 19 The Administrator may issue an experimental use permit if 20 he determines that the applicant needs such permit in order 21 to accumulate information necessary to register a pesticide 22 under section 3. An application for an experimental use per23 mit may be filed at the time of or before or after an applica24 tion for registration is filed.

25

"(b) TEMPORARY TOLERANCE LEVEL.-If the Admin14 istrator determines that the use of a pesticide may reasonably 15 be expected to result in any residue on or in food or feed, he 16 may establish a temporary tolerance level for the residue of the pesticide before issuing the experimental use permit.

18

"(c) USE UNDER PERMIT.-Use of a pesticide under 19 an experimental use permit shall be under the supervision of 20 the Administrator, and shall be subject to such terms and 21 conditions and be for such period of time as the Administrator 22 may prescribe in the permit.

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"(d) STUDIES.-When any experimental use permit is 24 issued for a pesticide containing any chemical or combination 25 of chemicals which has not been included in any previously

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1 "SEC. 6. ADMINISTRATIVE REVIEW; SUSPENSION.

"(a) CANCELLATION AFTER FIVE YEARS.

"(1) PROCEDURE.-The Administrator shall cancel the registration of any pesticide at the end of the five

year period which begins on the date of its registration (or at the end of any five-year period thereafter) unless the registrant, or other interested person with the concurrence of the registrant, before the end of such period, requests in accordance with regulations prescribed by the Administrator that the registration be continued in effect: Provided, That the Administrator may permit

the continued sale and use of existing stocks of a pesticide whose registration is canceled under this subsection or

subsection (b) to such extent, under such conditions, and

for such uses as he may specify if he determines that such sale or use is not inconsistent with the purposes of this

Act and will not have substantial adverse effects on the environment. The Administrator shall publish in the Fed

eral Register, at least 30 days prior to the expiration of such five-year period, notice that the registration will be canceled if the registrant or other interested person with

the concurrence of the registrant does not request that the

registration be continued in effect.

"(2) INFORMATION.-If at any time after the registration of a pesticide the registrant has additional

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currence of the registrant, before the end of such period, requests in accordance with regulations prescribed by the

Administrator that the registration be continued in effect: Provided, That the Administrator may permit the continued sale and use of existing stocks of a pesticide whose registration is canceled under this subsection or subsection (b) to such extent, under such conditions, and for such uses as he may specify if he determines that such sale or use is not inconsistent with the purposes of this Act and will not have unreasonable adverse effects on the environment. The Administrator shall publish in the Federal Register, at least 30 days prior to the expiration of

such five-year period, notice that the registration will be canceled if the registrant or other interested person with the concurrence of the registrant does not request that the registration be continued in effect.

"(2) INFORMATION.-If at any time after the registration of a pesticide the registrant has additional factual information regarding unreasonable adverse

effects on the environment of the pesticide, he shall submit such information to the Administrator.

22 "(b) CANCELLATION AND CHANGE IN CLASSIFICA23 TION.-If it does not appear to the Administrator that a pesti24 cide or its labeling or other material required to be submitted

"(c) SUSPENSION.—

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"(1) ORDER.-If the Administrator determines that action is necessary to prevent an imminent hazard during the time required for cancellation or change in classification proceedings, he may, by order, suspend the registration of the pesticide immediately. No order of suspension may be issued unless the Administrator has issued or at the same time issues notice of his intention to cancel the registration or change the classification of the pesticide.

"Except as provided in paragraph (3), the Administrator shall notify the registrant prior to issuing any suspension order. Such notice shall include findings pertaining to the question of 'imminent hazard'. The regis

trant shall then have an opportunity, in accordance with the provisions of paragraph (2), for an expedited hear

ing before the Agency on the question of whether an imminent hazard exists.

"(2) EXPEDITE HEARING.-If no request for a hearing is submitted to the Agency within five days of the registrant's receipt of the notification provided for by paragraph (1), the suspension order may be issued and shall take effect and shall not be reviewable by a court. If a hearing is requested, it shall commence within five

days of the receipt of the request for such hearing unless