101 



shall participate except that any person adversely 

 affected may file briefs within the time allotted 

 by the Agency's niles. Any person so filing briefs 

 shall be considered a party to such proceeding for 

 the purposes of section 136n(b) of this title. 



(4) Judicial review. 



A final order on the question of suspension fol- 

 lowing a hearing shall be reviewable in accordance 

 with section 136n of this title, notwithstanding 

 the fact that any related cancellation proceedings 

 have not been completed. Petitions to review 

 orders on the issue of suspension shall be ad- 

 vanced on the doclcet of the courts of appeals. 

 Any order of suspension entered prior to a hear- 

 ing before the Administrator shall be subject to 

 immediate review in an action by the registrant 

 or other interested person with the concurrence 

 of the registrant in an appropriate district court, 

 solely to determine whether the order of suspen- 

 sion was arbitrary, capricious or an abuse of dis- 

 cretion, or whether the order was issued in 

 accordance with the procedures established by 

 law. The effect of any order of the court will be 

 only to stay the effectiveness of the suspension 

 order, pending the Administrator's final decision 

 with respect to cancellation or change in classifi- 

 cation. This action may be maintained simultane- 

 ously with any administrative review proceeding 

 under this section. The commencement of pro- 

 ceedings under this paragraph shall not operate 

 as a stay of order, unless ordered by the court. 



(d) Public hearings and scientific review. 



In the event a hearing is requested pursuant to 

 subsection (b) of this section or determined upon by 

 the Administrator pursuant to subsection (b) of this 

 section, such hearing shall be held after due notice 

 for the purpose of receiving evidence relevant and 

 material to the issues raised by the objections filed 

 by the applicant or other interested parties, or to 

 the issues stated by the Administrator, if the hear- 

 ing is called by the Administrator rather than by 

 the filing of objections. Upon a showing of relevance 

 and reasonable scope of evidence sought by any 

 party to a public hearing, the Hearing Examiner 

 shall issue a subpena to compel testimony or pro- 

 duction of documents from any person. The Hearing 

 Examiner shall be guided by the principles of the 

 Federal Rules of Civil Procedure in making any 

 order for the protection of the witness or the content 

 of documents produced and shall order the payment 

 of reasonable fees and expenses as a condition to 

 requiring testimony of the witness. On contest, the 

 subpena may be enforced by an appropriate United 

 States district court in accordance with the prin- 

 ciples stated herein. Upon the request of any party 

 to a public hearing and when in the Hearing Exam- 

 iner's judgment it is necessary or desirable, the 

 Hearing Examiner shall at any time before the hear- 

 ing record is closed refer to a Committee of the 

 National Academy of Sciences the relevant ques- 

 tions of scientific fact involved in the public hear- 

 ing. No member of any committee of the National 

 Academy of Sciences established to carry out the 

 functions of this section shall have a financial or 

 other conflict of interest with respect to any matter 

 considered by such committee. The Committee of 



the National Academy of Sciences shall report in 

 writing to the Hearing Examiner within 60 days 

 after such referral on these questions of scientific 

 fact. The report shall be made public and shall be 

 considered as part of the hearing record. The Ad- 

 ministrator shall enter into appropriate arrange- 

 ments with the National Academy of Sciences to 

 assure an objective and competent scientific review 

 of the questions presented to Committees of the 

 Academy and to provide such other scientific ad- 

 visory services as may be required by the Admin- 

 istrator for carrying out the purposes of this 

 subchapter. As soon as practicable after completion 

 of the hearing i including the report of the Acad- 

 emy) but not later than 90 days thereafter, the 

 Administrator shall evaluate the data and reports 

 before him and issue an order either revoking his 

 notice of intention issued pursuant to this section, 

 or shall issue an order either canceling the registra- 

 tion, changing the classification, denying the regis- 

 tration, or requiring modification of the labeling or 

 packaging of the article. Such order shall be based 

 only on substantial evidence of record of such hear- 

 ing and shall set forth detailed findings of fact upon 

 which the order is based. 



(e) Judicial review. 



Final orders of the Administrator under this sec- 

 tion shall be subject to judicial review pursuant to 

 section 136n of this title. (June 25, 1947, ch. 125, § 6. 

 as added Oct. 21, 1972, Pub. L. 92-516. § 2. 86 Stat. 

 984, and amended Nov. 28, 1975, Pub. L. 94-140, § 1. 



89 Stat. 751.) 



Codification 



"Subchapter II of chapter 5 of Title 5", referred to In 

 the text, was In the original "subchapter 11 of Title 6", 

 and has been editorially changed as the probable intent 

 of Congress. 



Amendments 



1975 — Subsec. (b). Pub. L. 94-140 established criteria 

 which Administrator must use in determining the is- 

 suance of a suspension of registration notice and the 

 time periods relating to such notice, set forth required 

 procedures to be followed by Administrator prior to pub- 

 lication of such notice, required procedures when the 

 Secretary elects to comment or falls to comment on sus- 

 pension notice, waiver or modification of time periods 

 In specified required procedures, required procedures 

 for waiver of notice and consent by Secretary for suspen- 

 sion of registration, and established criteria for Secre- 

 tary talcing any final action. 



§ 136e. Registration of establishments. 



(a) Requirement. 



No person shall produce any pesticide subject to 

 this subchapter in any State unless the establish- 

 ment in which it is produced is registered with the 

 Administrator. The application for registration of 

 any establishment shall include the name and ad- 

 dress of the establishment and of the producer who 

 operates such establishment. 



(b) Registration. 



Whenever the Administrator, receives an applica- 

 tion under subsection (a) of this section, he shall 

 register the establishment and assign it an establish- 

 ment number. 



(c) Information required. 



(1) Any producer operating an establishment 

 registered under this section shall inform the Ad- 



