§ 136f. — Books and records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC136f]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 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)
of this section. 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, 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, Sec. 8, as added Pub. L. 92-516, Sec. 2, Oct.
21, 1972, 86 Stat. 987; amended Pub. L. 95-396, Sec. 14, Sept. 30, 1978,
92 Stat. 829; Pub. L. 100-532, title III, Sec. 301, Oct. 25, 1988, 102
Stat. 2668; Pub. L. 102-237, title X, Sec. 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.
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.
Section Referred to in Other Sections
This section is referred to in sections 136g, 136j, 136o, 136w-1 of
this title.
