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), sub- stituted ‘‘the Administrator’’ for ‘‘him’’ after ‘‘inform’’ and ‘‘the producer’’ for ‘‘he’’. 1978—Subsec. (a). Pub. L. 95–396, § 13(1), made require- ment of registration applicable to production of active ingredient used in producing a pesticide subject to this subchapter. Subsec. (c)(1). Pub. L. 95–396, § 13(2), required informa- tion pertaining to types and amounts of active ingredi- ents used in producing pesticides where applicable. Subsec. (d). Pub. L. 95–396, § 13(3), considered names of pesticides or active ingredients used in producing pes- ticides produced, sold, or distributed at an establish- ment as not being confidential information. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title. § 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 de- termines are necessary for the effective enforce- ment 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 fi- nancial data, sales data other than shipment data, pricing data, personnel data, and research data (other than data relating to registered pes- ticides 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, car- rier, dealer, or any other person who sells or of- fers 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 de- vice, including the quantity, the date of ship- ment 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 informa- tion relating to such delivery, movement, or holding of the pesticide or device. Any inspec- tion with respect to any records and information referred to in this subsection shall not extend to financial data, sales data other than shipment data, pricing data, personnel data; and research data (other than data relating to registered pes- ticides or to a pesticide for which an application for registration has been filed). Before under- taking an inspection under this subsection, the officer or employee must present to the owner, operator, or agent in charge of the establish- ment or other place where pesticides or devices are held for distribution or sale, appropriate cre- dentials and a written statement as to the rea- son for the inspection, including a statement as to whether a violation of the law is suspected. If no violation is suspected, an alternate and suffi- cient reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness. (June 25, 1947, ch. 125, § 8, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 987; amended Pub. L. 95–396, § 14, Sept. 30, 1978, 92 Stat. 829; Pub. L. 100–532, title III, § 301, Oct. 25, 1988, 102 Stat. 2668; Pub. L. 102–237, title X, § 1006(b)(1), Dec. 13, 1991, 105 Stat. 1895.) Editorial Notes PRIOR PROVISIONS A prior section 8 of act June 25, 1947, was classified to section 135f of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516. AMENDMENTS 1991—Subsec. (a). Pub. L. 102–237 substituted ‘‘the Ad- ministrator’’ for ‘‘he’’ before ‘‘determines’’. 1988—Subsec. (a). Pub. L. 100–532 inserted ‘‘, registrants, and applicants for registration’’ after ‘‘requiring producers’’ and ‘‘and to make the records available for inspection and copying in the same man- Page 250 TITLE 7—AGRICULTURE § 136g ner as provided in subsection (b) of this section’’ before period at end of first sentence. 1978—Subsec. (b). Pub. L. 95–396 required, in connec- tion with inspection of records and information, the presentation of credentials, written statement as to the reason for inspection, including statement of suspected violation, or an alternative but sufficient reason, and commencement and completion of inspection with rea- sonable promptness. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100–532, set out as a note under section 136 of this title. EFFECTIVE DATE For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title. § 136g. Inspection of establishments, etc. (a) In general (1) For purposes of enforcing the provisions of this subchapter, officers or employees of the En- vironmental Protection Agency or of any State duly designated by the Administrator are au- thorized to enter at reasonable times (A) any es- tablishment 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 con- tainers or labeling for such pesticides or devices, or (B) any place where there is being held any pesticide the registration of which has been sus- pended or canceled for the purpose of deter- mining compliance with section 136q of this title. (2) Before undertaking such inspection, the of- ficers or employees must present to the owner, operator, or agent in charge of the establish- ment or other place where pesticides or devices are held for distribution or sale, appropriate cre- dentials and a written statement as to the rea- son for the inspection, including a statement as to whether a violation of the law is suspected. If no violation is suspected, an alternate and suffi- cient reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness. If the officer or em- ployee 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 re- quested, 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 the owner, operator, or agent in charge. (b) Warrants For purposes of enforcing the provisions of this subchapter and upon a showing to an officer or court of competent jurisdiction that there is reason to believe that the provisions of this sub- chapter have been violated, officers or employ- ees duly designated by the Administrator are empowered to obtain and to execute warrants authorizing— (1) entry, inspection, and copying of records for purposes of this section or section 136f of this title; (2) inspection and reproduction of all records showing the quantity, date of shipment, and the name of consignor and consignee of any pesticide or device found in the establishment which is adulterated, misbranded, not reg- istered (in the case of a pesticide) or otherwise in violation of this subchapter and in the event of the inability of any person to produce records containing such information, all other records and information relating to such deliv- ery, movement, or holding of the pesticide or device; and (3) the seizure of any pesticide or device which is in violation of this subchapter. (c) Enforcement (1) Certification of facts to Attorney General The examination of pesticides or devices shall be made in the Environmental Protec- tion Agency or elsewhere as the Administrator may designate for the purpose of determining from such examinations whether they comply with the requirements of this subchapter. If it shall appear from any such examination that they fail to comply with the requirements of this subchapter, the Administrator shall cause notice to be given to the person against whom criminal or civil proceedings are con- templated. Any person so notified shall be given an opportunity to present the person’s views, either orally or in writing, with regard to such contemplated proceedings, and if in the opinion of the Administrator it appears that the provisions of this subchapter have been violated by such person, then the Admin- istrator shall certify the facts to the Attorney General, with a copy of the results of the anal- ysis or the examination of such pesticide for the institution of a criminal proceeding pursu- ant to section 136l(b) of this title or a civil proceeding under section 136l(a) of this title, when the Administrator determines that such action will be sufficient to effectuate the pur- poses of this subchapter. (2) Notice not required The notice of contemplated proceedings and opportunity to present views set forth in this subsection are not prerequisites to the institu- tion of any proceeding by the Attorney Gen- eral. (3) Warning notices Nothing in this subchapter shall be con- strued as requiring the Administrator to insti- tute proceedings for prosecution of minor vio- lations of this subchapter whenever the Ad- ministrator believes that the public interest will be adequately served by a suitable written notice of warning. (June 25, 1947, ch. 125, § 9, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 988; amended Pub. L. 100–532, title III, § 302, Oct. 25, 1988, 102 Stat. 2669; Pub. L. 102–237, title X, § 1006(b)(1), (3)(H), (I), Dec. 13, 1991, 105 Stat. 1895, 1896.) Editorial Notes PRIOR PROVISIONS A prior section 9 of act June 25, 1947, was classified to section 135g of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516.