102 



mlnistrator within 30 days after it is registered of 

 the types and amounts of pesticides — 



(A) which he is currently producing; 



(B) which he has produced during the past 

 year; and 



(C) which he has sold or distributed during 

 the past year. 



The information required by this paragraph shall 

 be kept current and submitted to the Administra- 

 tor annually as required under such regulations as 

 the Administrator may prescribe. 



(2) Any such producer shall, upon the request 

 of the Administrator for the purpose of issuing a 

 stop sale order pursuant to section 136k of this 

 section, inform him of the name and address of 

 any recipient of any pesticide produced in any 

 registered establishment which he operates. 



(d) Confidential records and information. 



Any information submitted to the Administrator 

 pursuant to subsection (c) of this section shall be 

 considered confidential and shall be subject to the 

 provisions of section 136h of this ttile. (June 25, 

 1947, eh. 125, § 7, as added Oct. 21, 1972, Pub. L. 

 92-516, §2, 86 Stat. 987.) 



§ 136f. Books and records. 



(a) Requirements. 



The Administrator may prescribe regulations re- 

 quiring producers to maintain such records with 

 respect to their operations and the pesticides and 

 devices produced as he determines are necessary 

 for the effective enforcement of this subchapter. 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 re- 

 quest of any officer or employee of the Environ- 

 mental 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 show- 

 ing the delivery, movement, or holding of such pesti- 

 cide or device, including the quantity, the date of 

 shipment and receipt, and the name of the con- 

 signor and consignee; or (2) in the event of the in- 

 ability 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, person- 

 nel data, and research data (other than data re- 

 lating to registered pesticides or to a pesticide for 

 which an application for registration has been filed) . 

 (June 25, 1947, ch. 125, § 8, as added Oct. 21, 1972, 

 Pub. L. 92-516, § 2, 86 Stat. 987.) 



§ 136g. Inspection of establishments, etc. 



(a) In general. 



For purposes of enforcing the provisions of this 

 subchapter, officers or employees duly designated by 

 the Administrator are authorized to enter at reason- 

 able times, 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 contain- 

 ers or labeling for such pesticides or devices. 



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 dis- 

 tribution or sale, appropriate credentials and a writ- 

 ten statement as to the reason for the inspection, in- 

 cluding 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, he 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 por- 

 tion retained. If an analysis Is made of such samples, 

 a copy of the results of such analysis shall be fur- 

 nished 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 for the purpose of this section; 



(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 exami- 

 nations whether they comply with the require- 

 ments 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 pro- 

 ceedings are contemplated. Any person so notified 



