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7 U.S.C. § 136f — Books and records

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136f — Books and records

**(a) Requirements** The Administrator may prescribe regulations requiring producers, registrants, and applicants for registration to maintain such records with respect to their operations and the pesticides and devices produced as the Administrator determines are necessary for the effective enforcement of this subchapter and to make the records available for inspection and copying in the same manner as provided in subsection (b). No records required under this subsection shall extend to financial data, sales data other than shipment data, pricing data, personnel data, and research data (other than data relating to registered pesticides or to a pesticide for which an application for registration has been filed). **(b) Inspection** For the purposes of enforcing the provisions of this subchapter, any producer, distributor, carrier, dealer, or any other person who sells or offers for sale, delivers or offers for delivery any pesticide or device subject to this subchapter, shall, upon request of any officer or employee of the Environmental Protection Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to, and to copy: (1) all records showing the delivery, movement, or holding of such pesticide or device, including the quantity, the date of shipment and receipt, and the name of the consignor and consignee; or (2) in the event of the inability of any person to produce records containing such information, all other records and information relating to such delivery, movement, or holding of the pesticide or device. Any inspection with respect to any records and information referred to in this subsection shall not extend to financial data, sales data other than shipment data,

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Stable record: federal_law:legal_authorities:record_usc_bda45a61e73abbef0851f1ba
Source file: Laws/federal/codes/united-states-code/title-7/section-136f-books-and-records--c522272dad.md
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Source location: Title 7, Chapter 6, § 136f; chapter-006-insecticides-and-environmental-pesticide-control.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136 — Definitions

For purposes of this subchapter— **(a) Active ingredient** The term “active ingredient” means— (1) in the case of a pesticide other than a plant regulator, defoliant, desiccant, or nitrogen stabilizer, an ingredient which will prevent, destroy, repel, or mitigate any pest; (2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof; (3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; (4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue; and (5) in the case of a nitrogen stabilizer, an ingredient which will prevent or hinder the process of nitrification, denitrification, ammonia volatilization, or urease production through action affecting soil bacteria. **(b) Administrator** The term “Administrator” means the Administrator of the Environmental Protection Agency. **(c) Adulterated** The term “adulterated” applies to any pesticide if— (1) its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold; (2) any substance has been substituted wholly or in part for the pesticide; or (3) any valuable constituent of the pesticide has been wholly or in part abstracted. **(d) Animal** The term “animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. **(e) Certified applicator, etc.** (1) **Certified applicator** — The term “certified applicator” means any individual who is certified under [section 136i of this title](https://uscode.house.gov/view.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136g — Inspection of establishments, etc.

**(a) In general** (1) For purposes of enforcing the provisions of this subchapter, officers or employees of the Environmental Protection Agency or of any State duly designated by the Administrator are authorized to enter at reasonable times (A) any establishment or other place where pesticides or devices are held for distribution or sale for the purpose of inspecting and obtaining samples of any pesticides or devices, packaged, labeled, and released for shipment, and samples of any containers or labeling for such pesticides or devices, or (B) any place where there is being held any pesticide the registration of which has been suspended or canceled for the purpose of determining compliance with [section 136q of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136q&num=0&edition=prelim). (2) Before undertaking such inspection, the officers or employees must present to the owner, operator, or agent in charge of the establishment or other place where pesticides or devices are held for distribution or sale, appropriate credentials and a written statement as to the reason for the inspection, including a statement as to whether a violation of the law is suspected. If no violation is suspected, an alternate and sufficient reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness. If the officer or employee obtains any samples, prior to leaving the premises, the officer or employee shall give to the owner, operator, or agent in charge a receipt describing the samples obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If an analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136j — Unlawful acts

**(a) In general** (1) Except as provided by subsection (b), it shall be unlawful for any person in any State to distribute or sell to any person— (A) any pesticide that is not registered under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim) or whose registration has been canceled or suspended, except to the extent that distribution or sale otherwise has been authorized by the Administrator under this subchapter; (B) any registered pesticide if any claims made for it as a part of its distribution or sale substantially differ from any claims made for it as a part of the statement required in connection with its registration under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim); (C) any registered pesticide the composition of which differs at the time of its distribution or sale from its composition as described in the statement required in connection with its registration under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim); (D) any pesticide which has not been colored or discolored pursuant to the provisions of [section 136w(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136w/c/5&num=0&edition=prelim); (E) any pesticide which is adulterated or misbranded; or (F) any device which is misbranded. (2) It shall be unlawful for any person— (A) to detach, alter, deface, or destroy, in whole or in part, any labeling required under this subchapter; (B) to refuse to— (i) prepare, maintain, or submit any records required by or under section 136c, 136e, 136f

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136f — Books and records

Page 249 TITLE 7—AGRICULTURE § 136f (A) which the producer is currently pro- ducing; (B) which the producer has produced dur- ing the past year; and (C) which the producer has sold or distrib- uted during the past year. The information required by this paragraph shall be kept current and submitted to the Ad- ministrator annually as required under such regulations as the Administrator may pre- scribe. (2) Any such producer shall, upon the re- quest of the Administrator for the purpose of issuing a stop sale order pursuant to section 136k of this title, inform the Administrator of the name and address of any recipient of any pesticide produced in any registered establish- ment which the producer operates. (d) Confidential records and information Any information submitted to the Adminis- trator pursuant to subsection (c) other than the names of the pesticides or active ingredients used in producing pesticides produced, sold, or distributed at an establishment shall be consid- ered confidential and shall be subject to the pro- visions of section 136h of this title. (June 25, 1947, ch. 125, § 7, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 987; amended Pub. L. 95–396, § 13, Sept. 30, 1978, 92 Stat. 829; Pub. L. 102–237, title X, § 1006(b)(1), (3)(F), (G), Dec. 13, 1991, 105 Stat. 1895, 1896.) Editorial Notes PRIOR PROVISIONS A prior section 7 of act June 25, 1947, was classified to section 135e of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516. AMENDMENTS 1991—Subsec. (b). Pub. L. 102–237, § 1006(b)(1), sub- stituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘shall’’. Subsec. (c)(1)(A) to (C). Pub. L. 102–237, § 1006(b)(3)(F), substituted ‘‘the producer’’ for ‘‘he’’. Subsec. (c)(2). Pub. L. 102–237, § 1006(b)(3)(G),

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