In general
Warrants
Enforcement
Certification of facts to Attorney General
llThe examination of pesticides or devices shall be made in the Environmental Protection 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 contemplated. 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 Administrator shall certify the facts to the Attorney General, with a copy of the results of the analysis or the examination of such pesticide for the institution of a criminal proceeding pursuant to section 136(b) of this title or a civil proceeding under section 136(a) of this title, when the Administrator determines that such action will be sufficient to effectuate the purposes of this subchapter.
Notice not required
The notice of contemplated proceedings and opportunity to present views set forth in this subsection are not prerequisites to the institution of any proceeding by the Attorney General.
Warning notices
Nothing in this subchapter shall be construed as requiring the Administrator to institute proceedings for prosecution of minor violations of this subchapter whenever the Administrator believes that the public interest will be adequately served by a suitable written notice of warning.
June 25, 1947, ch. 125, § 9Pub. L. 92–516, § 286 Stat. 988Pub. L. 100–532, title III, § 302102 Stat. 2669Pub. L. 102–237, title X, § 1006(b)(1)105 Stat. 1895(, as added , , ; amended , , ; , (3)(H), (I), , , 1896.)
Editorial Notes
Prior Provisions
section 135g of this titlePub. L. 92–516A prior section 9 of act , was classified to prior to amendment of act , by .
Amendments
Pub. L. 102–237, § 1006(b)(3)(H)1991—Subsec. (a)(2). , substituted “the officer or employee” for “he” before “shall” in fourth sentence.
Pub. L. 102–237, § 1006(b)(3)(I)Subsec. (c)(1). , substituted “the person’s” for “his” in third sentence.
Pub. L. 102–237, § 1006(b)(1)Subsec. (c)(3). , substituted “the Administrator” for “he” before “believes”.
Pub. L. 100–532, § 302(a)1988—Subsec. (a). , substituted “(1) For purposes of” for “For purposes of”, inserted “of the Environmental Protection Agency or of any State”, substituted “at reasonable times (A)” for “at reasonable times,”, added cl. (B), and substituted “(2) Before” for “Before”.
Pub. L. 100–532, § 302(b)section 136f of this titleSubsec. (b)(1). , amended par. (1) generally, substituting “entry, inspection, and copying of records for purposes of this section or ” for “entry for the purpose of this section”.
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 .