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).
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, 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, § 8Pub. L. 92–516, § 286 Stat. 987Pub. L. 95–396, § 1492 Stat. 829Pub. L. 100–532, title III, § 301102 Stat. 2668Pub. L. 102–237, title X, § 1006(b)(1)105 Stat. 1895(, as added , , ; amended , , ; , , ; , , .)
Editorial Notes
Prior Provisions
section 135f of this titlePub. L. 92–516A prior section 8 of act , was classified to prior to amendment of act , by .
Amendments
Pub. L. 102–2371991—Subsec. (a). substituted “the Administrator” for “he” before “determines”.
Pub. L. 100–5321988—Subsec. (a). 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.
Pub. L. 95–3961978—Subsec. (b). 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Pub. L. 100–532section 901 of Pub. L. 100–532section 136 of this titleAmendment by effective on expiration of 60 days after , see , set out as a note under .
Effective Date
section 4 of Pub. L. 92–516section 136 of this titleFor effective date of section, see , set out as a note under .