§ 136g. — Inspection of establishments, etc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC136g]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 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.
(c) Enforcement
(1) Certification of facts to Attorney General
The 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 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 purposes 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 institution of any proceeding by the Attorney General.
(3) 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, Sec. 9, as added Pub. L. 92-516, Sec. 2, Oct.
21, 1972, 86 Stat. 988; amended Pub. L. 100-532, title III, Sec. 302,
Oct. 25, 1988, 102 Stat. 2669; Pub. L. 102-237, title X,
Sec. 1006(b)(1), (3)(H), (I), Dec. 13, 1991, 105 Stat. 1895, 1896.)
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.
Amendments
1991--Subsec. (a)(2). Pub. L. 102-237, Sec. 1006(b)(3)(H),
substituted ``the officer or employee'' for ``he'' before ``shall'' in
fourth sentence.
Subsec. (c)(1). Pub. L. 102-237, Sec. 1006(b)(3)(I), substituted
``the person's'' for ``his'' in third sentence.
Subsec. (c)(3). Pub. L. 102-237, Sec. 1006(b)(1), substituted ``the
Administrator'' for ``he'' before ``believes''.
1988--Subsec. (a). Pub. L. 100-532, Sec. 302(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''.
Subsec. (b)(1). Pub. L. 100-532, Sec. 302(b), amended par. (1)
generally, substituting ``entry, inspection, and copying of records for
purposes of this section or section 136f of this title'' for ``entry for
the purpose of this section''.
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 section 136w-1 of this title.
