§ 136w.
(c)
Other authority
The Administrator, after notice and opportunity for hearing, is authorized—
(1)
to declare a pest any form of plant or animal life (other than man and other than bacteria, virus, and other micro-organisms on or in living man or other living animals) which is injurious to health or the environment;
(2)
to determine any pesticide which contains any substance or substances in quantities highly toxic to man;
(3)
to establish standards (which shall be consistent with those established under the authority of the Poison Prevention Packaging Act (
[Public Law 91–601]) [
15 U.S.C. 1471 et seq.]) with respect to the package, container, or wrapping in which a pesticide or device is enclosed for use or consumption, in order to protect children and adults from serious injury or illness resulting from accidental ingestion or contact with pesticides or devices regulated by this subchapter as well as to accomplish the other purposes of this subchapter;
(4)
to specify those classes of devices which shall be subject to any provision of section 136(q)(1) or
section 136e of this title upon the Administrator’s determination that application of such provision is necessary to effectuate the purposes of this subchapter;
(5)
to prescribe regulations requiring any pesticide to be colored or discolored if the Administrator determines that such requirement is feasible and is necessary for the protection of health and the environment; and
(6)
to determine and establish suitable names to be used in the ingredient statement.
(e)
Peer review
The Administrator shall, by written procedures, provide for peer review with respect to the design, protocols, and conduct of major scientific studies conducted under this subchapter by the Environmental Protection Agency or by any other Federal agency, any State or political subdivision thereof, or any institution or individual under grant, contract, or cooperative agreement from or with the Environmental Protection Agency. In such procedures, the Administrator shall also provide for peer review, using the advisory panel established under subsection (d) of this section or appropriate experts appointed by the Administrator from a current list of nominees maintained by such panel, with respect to the results of any such scientific studies relied upon by the Administrator with respect to actions the Administrator may take relating to the change in classification, suspension, or cancellation of a pesticide. Whenever the Administrator determines that circumstances do not permit the peer review of the results of any such scientific study prior to the Administrator’s exercising authority under section 136d(c) of this title to immediately suspend the registration of any pesticide to prevent an imminent hazard, the Administrator shall promptly thereafter provide for the conduct of peer review as provided in this sentence. The evaluations and relevant documentation constituting the peer review that relate to the proposed scientific studies and the results of the completed scientific studies shall be included in the submission for comment forwarded by the Administrator to the advisory panel as provided in subsection (d). As used in this subsection, the term “peer review” shall mean an independent evaluation by scientific experts, either within or outside the Environmental Protection Agency, in the appropriate disciplines.
([June 25, 1947, ch. 125, § 25], as added [Pub. L. 92–516, § 2], Oct. 21, 1972, [86 Stat. 997]; amended [Pub. L. 94–140], §§ 2(a), 6, 7, Nov. 28, 1975, [89 Stat. 751], 753; [Pub. L. 95–396, § 23], Sept. 30, 1978, [92 Stat. 836]; [Pub. L. 96–539], §§ 1, 2(a), 4, Dec. 17, 1980, [94 Stat. 3194], 3195; [Pub. L. 98–201, § 1], Dec. 2, 1983, [97 Stat. 1379]; [Pub. L. 98–620, title IV, § 402(4)(D)], Nov. 8, 1984, [98 Stat. 3357]; [Pub. L. 100–352, § 6(i)], June 27, 1988, [102 Stat. 664]; [Pub. L. 100–532, title VI], §§ 602, 605, title VIII, § 801(n), Oct. 25, 1988, [102 Stat. 2678], 2679, 2683; [Pub. L. 102–237, title X, § 1006(b)(1)], (2), Dec. 13, 1991, [105 Stat. 1895]; [Pub. L. 104–170, title I, § 104], title II, § 235, Aug. 3, 1996, [110 Stat. 1490], 1509.)