21 "(B) its labeling and other material required to be submitted comply with the requirements of this Act; and "(C) it will perform its intended function with out substantial adverse effects on the environment. The Administrator shall not make any lack of essentiality a criterion for denying registration of any pesticide. "(6) DENIAL OF REGISTRATION.-If the Administrator determines that the requirements of paragraph (5) for registration are not satisfied, he shall notify the applicant for registration of his determination and of his reasons (including the factual basis) therefor, and that, unless the applicant corrects the conditions and notifies the Administrator thereof during the 30-day period beginning with the day after the date on which the applicant receives the notice, the Administrator will may refuse to register the pesticide. Whenever the Administrator refuses to register a pesticide, he shall notify the applicant of his decision and of his reasons (including the factual basis) therefor. Upon such notification, the applicant for registration shall have the same remedies as provided for the registrant in section 6. "(d) CLASSIFICATION OF PESTICIDES.-- "(1) CLASSIFICATION FOR GENERAL USE, RE STRICTED USE, OR BOTH.— 22 "(A) As a part of the registration of a pesticide the Administrator shall classify it as being for general use or for restricted use, provided that if the Administrator determines that some of the uses for which the pesticide is registered should be for general use and that other uses for which it is registered should be for restricted use, he shall classify it for both general use and restricted use. If some of the uses of the pesticide are classified for general use and other uses are classified for restricted use, the directions relating to its general uses shall be clearly separated and distinguished from those directions relating to its restricted uses its packaging and labeling for restricted uses shall be clearly distinguishable from its packaging and labeling for general uses. "(B) If the Administrator determines that the pesticide, when applied in accordance with its di rections for use, warnings and cautions and for the uses for which it is registered, or for one or more of such uses, will not cause substantial adverse effects on the environment, he will classify the pesti cide, or the particular use or uses of the pesticide to which the determination applies for applies, for general use. 23 "(C) If the Administrator determines that the pesticide, when applied in accordance with its directions for use, warnings and cautions and for the uses for which it is registered, or for one or more of such uses, may cause, without additional regulatory restrictions, substantial adverse effects on the environment, including injury to the applicator, he shall classify the pesticide, or the particular use or uses to which the determination applies, for restricted use. (i) "(i) If the Administrator classifies a pesticide, or one or more uses of such pesticide, for restricted use because of a determination that its the acute dermal or inhalation toxicity of the pesticide presents a hazard to the applicator or other persons, the pesticide shall be applied for any use to which the restricted classification applies only by or under the direct supervision (i) If “(ii) If the Administrator classifies a pesticide, or one or more uses of such pesticide, its use without additional regulatory restrie tion may cause substantial adverse effect effects on the environment, the pesticide shall be ap 1 2 3 1 5 6 7 བ 9 10 11 12 13 14 15 24 plied for any use to which the determination applies only by or under the direct supervision of a certified pesticide applicator, or subject to such other restrictions as the Administrator may determine. "(2) CHANGE IN CLASSIFICATION.—If the Admin istrator determines that a change in the classification of any use of a pesticide from general use to restricted use is necessary to prevent substantial adverse effects on the environment, he shall notify the registrant of such pesticide of such determination at least 30 days before making the change and shall publish the proposed change in the Federal Register. The registrant may seek relief from such determination under section 6(b). "(e) PRODUCTS WITH SAME FORMULATION AND 16 CLAIMS.-Products which have the same formulation, are 17 manufactured by the same person, the labeling of which 18 contains the same claims, and the labels of which bear a 19 designation identifying the product as the same pesticide 20 may be registered as a single pesticide; and additional names 21 and labels shall be added to the registration by supplemental 22 statements. 24 25 (f) MISCELLANEOUS. "(1) EFFECT OF CHANGE OF LABELING OR FORMULATION.-If the labeling or formulation for a pesti 1 2 3 4 6 7 8 9 10 11 25 cide is changed, the registration shall be amended to reflect such change if the Administrator determines that the change will not violate any provision of this Act. "(2) REGISTRATION NOT A DEFENSE.-In no event shall registration of an article be construed as a defense for the commission of any offense under this Act. "(3) AUTHORITY TO CONSULT OTHER FEDERAL AGENCIES.-In connection with consideration of any registration or application for registration under this section, the Administrator may consult with any other Federal agency. 12 "SEC. 4. USE OF RESTRICTED USE PESTICIDE PESTI CIDES; CERTIFIED APPLICATORS. "(a) CERTIFICATION PROCEDURE.— "(1) FEDERAL CERTIFICATION.-Subject to paragraph (2), the Administrator shall prescribe standards for the certification of pesticide applicators of pesticides. Such standards shall provide that to be certified, an respect to the use and handling of pesticides, or of to the use and handling of the pesticide or class of pesticides covered by such individual's certification. "(2) STATE CERTIFICATION.—If any State, at any time, desires to certify pesticide applicators of pesticides, the Governor of such State shall submit a State plan |