Attachment B- USC 2020- Title 7-Chap. 6

§ 136e

TITLE 7—AGRICULTURE

Subsec. (g). Pub. L. 100–532, § 404, added subsec. (g).
Subsec. (h). Pub. L. 100–532, § 201, redesignated former
subsec. (f) as (h).
1984—Subsec. (c)(4). Pub. L. 98–620 struck out provisions requiring petitions to review orders on the issue
of suspension to be advanced on the docket of the court
of appeals.
1978—Subsec. (b). Pub. L. 95–396, § 11, required the Administrator, in taking any final action under subsec.
(b), to consider restricting a pesticide’s use or uses as
an alternative to cancellation and to fully explain the
reasons for the restrictions.
Subsec. (c)(2). Pub. L. 95–251 substituted ‘‘administrative law judge’’ for ‘‘hearing examiner’’.
Subsecs. (e), (f). Pub. L. 95–396, § 12, added subsec. (e)
and redesignated former subsec. (e) as (f).
1975—Subsec. (b). Pub. L. 94–140 established criteria
which Administrator must use in determining the issuance of a suspension of registration notice and the time
periods relating to such notice, set forth required procedures to be followed by Administrator prior to publication of such notice, required procedures when the
Secretary elects to comment or fails to comment on
suspension notice, waiver or modification of time periods in specified required procedures, required procedures for waiver of notice and consent by Secretary for
suspension of registration, and established criteria for
Secretary taking any final action.
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 OF 1984 AMENDMENT
Amendment by Pub. L. 98–620 not applicable to cases
pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,
set out as an Effective Date note under section 1657 of
Title 28, Judiciary and Judicial Procedure.
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.

§ 136e. Registration of establishments
(a) Requirement
No person shall produce any pesticide subject
to this subchapter or active ingredient used in
producing a pesticide subject to this subchapter
in any State unless the establishment in which
it is produced is registered with the Administrator. The application for registration of any
establishment shall include the name and address of the establishment and of the producer
who operates such establishment.
(b) Registration
Whenever the Administrator receives an application under subsection (a), the Administrator
shall register the establishment and assign it an
establishment number.
(c) Information required
(1) Any producer operating an establishment
registered under this section shall inform the
Administrator within 30 days after it is registered of the types and amounts of pesticides
and, if applicable, active ingredients used in
producing pesticides—
(A) which the producer is currently producing;
(B) which the producer has produced during the past year; and
(C) which the producer has sold or distributed during the past year.

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The information required by this paragraph
shall be kept current and submitted to the Administrator annually as required under such
regulations as the Administrator may prescribe.
(2) Any such producer shall, upon the request 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 establishment which the producer operates.
(d) Confidential records and information
Any information submitted to the Administrator 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 considered confidential and shall be subject to the provisions 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.)
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), substituted ‘‘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), substituted ‘‘the Administrator’’ for ‘‘him’’ after ‘‘inform’’
and ‘‘the producer’’ for ‘‘he’’.
1978—Subsec. (a). Pub. L. 95–396, § 13(1), made requirement 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 information pertaining to types and amounts of active ingredients used in producing pesticides where applicable.
Subsec. (d). Pub. L. 95–396, § 13(3), considered names of
pesticides or active ingredients used in producing pesticides produced, sold, or distributed at an establishment as not being confidential information.
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 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).

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§ 136g

TITLE 7—AGRICULTURE

(b) Inspection

EFFECTIVE DATE

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, 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). Before undertaking an inspection under this subsection, the
officer or employee 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.
(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.)
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 Administrator’’ 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 manner as provided in subsection (b) of this section’’ before
period at end of first sentence.
1978—Subsec. (b). Pub. L. 95–396 required, in connection 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 reasonable promptness.
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.

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 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.
(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 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 subchapter have been violated, officers or employees 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 registered (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 delivery, movement, or holding of the pesticide or
device; and
(3) the seizure of any pesticide or device
which is in violation of this subchapter.