§ 136f. Books and records

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(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).

(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, § 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.)

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U.S. Code

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Sec. 8
BOOKS AND RECORDS

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U.S. Code

Definitions
§ 136

16 references not yet in our index

June 25, 1947, ch. 125, § 8
Pub. L. 92–516, § 2
86 Stat. 987
Pub. L. 95–396, § 14
92 Stat. 829
Pub. L. 100–532, title III, § 301
102 Stat. 2668
Pub. L. 102–237, title X, § 1006(b)(1)
105 Stat. 1895
section 135f of this title
Pub. L. 92–516
Pub. L. 102–237
Pub. L. 100–532
Pub. L. 95–396
section 901 of Pub. L. 100–532
section 4 of Pub. L. 92–516

Citation graph

cites case law

§ 136f

Books and records

Fed. Reg.×13

U.S.C.×4

Stat.×2

Stat. Comp.×1

U.S.C.§ 136

ActJune 25, 1947, ch. 125, § 8

Pub. L.Pub. L. 92–516, § 2

Stat.86 Stat. 987

Pub. L.Pub. L. 95–396, § 14

Stat.92 Stat. 829

Cites 17 · showing 6Cited by 20 across 4 sources