[Code of Federal Regulations]

[Title 7, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR110.6]



[Page 279]

 

                          TITLE 7--AGRICULTURE

 

 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 

       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)

 

PART 110_RECORDKEEPING ON RESTRICTED USE PESTICIDES BY CERTIFIED 

APPLICATORS; SURVEYS AND REPORTS--Table of Contents

 

Sec. 110.6  Federal cooperation with States.



    (a) For the purpose of carrying out this part, the Administrator may 

enter into agreements with States.

    (b) The Administrator may, after entering a State-Federal 

cooperative agreement with a State, utilize employees and facilities of 

the State to carry out any provisions of this part in that State. This 

State-Federal cooperative agreement shall specify:

    (1) The agency of the State that is designated as the State lead 

agency;

    (2) The responsibilities of State agencies for the enforcement of 

this part and the imposition of penalties under this part;

    (3) The qualifications required of the State employees administering 

and enforcing this part;

    (4) That the State-Federal cooperative agreement may be terminated 

at any time by the mutual agreement of the parties to the agreement;

    (5) That the State-Federal cooperative agreement may be terminated 

by either party by giving written notice to the other party at least 90 

days before a specified date of termination; and

    (6) The provisions for liaison between the State and the 

Administrator concerning the administration and enforcement of this part 

as may be agreed by the Administrator and the State.

    (c) If at any time the Administrator shall determine that the State 

lead agency or other State agencies charged with carrying out the terms 

of the State-Federal cooperative agreement are unable or unwilling to 

carry out the terms of the agreement, or, if for any reason the 

Administrator or State shall determine that the agreement is no longer 

in effect, the Administrator shall administer and enforce this part in 

the State.

    (d) If a State shall notify the Administrator of its readiness to 

enter into a State-Federal cooperative agreement prior to passage of 

State legislation and regulations governing recordkeeping by certified 

applicators of restricted use pesticides, the Administrator may enter 

into a State-Federal cooperative agreement with the State on an annual 

basis.

    (e) For a State to be eligible for Federal technical or financial 

assistance under a State-Federal cooperative agreement, the State 

requirements for recordkeeping by all certified applicators of 

restricted use pesticides must be comparable to the recordkeeping 

requirements under this part.