103 



shall be given an opportunity to present his 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 per- 

 son, then the Administrator shall certify the facts 

 to the Attorney General, with a copy of the re- 

 sults of the analysis or the examination of such 

 pesticide for the institution of a criminal pro- 

 ceeding pursuant to section 136Z(b) of this title 

 or a civil proceeding under section 136Ha) of this 

 title, when the Administrator determines that 

 such action will be sufficient to eifectuate the pur- 

 poses of this subchapter. 



(2) Notice not required. 



The notice of contemplated proceedings and op- 

 portunity to present views set forth in this sub- 

 section 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 pro- 

 ceedings for prosecution of minor violations of this 

 subchapter whenever he believes that the public 

 interest will be adequately served by a suitable 

 written notice of warning. 



(June 25, 1947, ch. 125, § 9, as added Oct. 21, 1972. 



Pub. L. 92-516, I 2. 86 Stat. 98«.) 



§ 136h. Protection of trade serrets and other informa- 

 tion. 



(a) In general. 



In submitting data required by this subchapter, 

 the applicant may (1) clearly mark any portions 

 thereof which in his opinion are trade secrets or 

 commercial or financial information and (2) submit 

 such marked material separately from other material 

 required to be submitted under this subchapter. 



(b) Disclosure. 



Notwithstanding any other provisions of this sub- 

 chapter, the Administrator shall not make public 

 Information which in his judgment contains or re- 

 lates to trade secrets or commercial or financial 

 information obtained from a person and privileged 

 or confidential, except that, when necessary to carry 

 out the provisions of this subchapter, information 

 relating to formulas of products acquired by author- 

 ization of this subchapter may be revealed to any 

 Federal agency consulted and may be revealed at a 

 public hearing or in findings of fact issued by the 

 Administrator. 



.(c) Disputes. 



If the Administrator proposes to release for in- 

 spection information which the applicant or regis- 

 trant believes to be protected from disclosure under 

 subsection (b) of this section, he shall notify the 

 applicant or registrant, in writing, by certified mail. 

 The Administrator shall not thereafter make avail- 

 able for inspection such data until thirty days after 

 receipt of the notice by the applicant or registrant. 

 During this period, the applicant or registrant may 

 institute an action in an appropriate district court 

 for a declaratory judgment as to whether such infor- 



mation is subject to protection under subsection (b) 

 of this section. (June 25. 1947. ch. 125. § 10, as added 

 Oct. 21, 1972, Pub. L. 92-516. § 2, 86 Stat. 989.) 



§ 136i. Standards applicable to pesticide applicators. 



(a) In general. 



No regulations prescribed by the Administrator 

 for carrying out the provisions of this subchapter 

 shall require any private apphcator to maintain any 

 records or file any reports or other documents. 



(b) Separate standards. 



When establishing or approving standards for 

 licensing or certification, the Administrator shall 

 establish separate standards for commercial and 

 private appUcators. (Jime 25, 1947, ch. 125, § 11. as 

 added Oct. 21. 1972, Pub. L. 92-516, § 2, 86 Stat. 989.) 



§136j. Unlawful acts. 



(a) In general. 



(1» Except as provided by subsection (b) of this 

 section, it shall be unlawful for any person in any 

 State to distribute, sell, offer for sale, hold for sale, 

 ship, deliver for shipment, or receive and (having 

 so received) deliver or offer to deliver, to any 

 person — 



(A) any pesticide which is not registered 

 under section 136a of this title, except as pro- 

 vided by section 136d(a)(l) of this title; 



(B) any registered pesticide if any claims 

 made for it as a part of its distribution or sale 

 substantially differ from any claims made for it 

 as a part of the statement required in connec- 

 tion with its registration under section 136a of 

 this title; 



(C) any registered pesticide the composition 

 of which differs at the time of its distribution 

 or sale from its composition as described in the 

 statement required in connection with its 

 registration imder section 136a of this title; 



(D) any pesticide which has not been colored 

 or discolored pursuant to the provisions of sec- 

 tion 136w(c) (5) of this title: 



(E ) any pesticide which is adulterated or mis- 

 branded; or 



(P) any device which is misbranded. 

 (2) It shall be unlawful for any person — 



(A) to detach, alter, deface, or destroy, in 

 whole or in part, any labeling required under 

 this subchapter; 



(Bi to refuse to keep any records required 

 pursuant to section 136f of this title, or to re- 

 fuse to allow inspection of any records or estab- 

 lishment pursuant to section 136f or 136g of this 

 title, or to refuse to allow an officer or employee 

 of the Environmental Protection Agency to take 

 a sample of any pesticide pursuant to section 

 136gof this title; 



(C) to give a guaranty or undertaking pro- 

 vided for in subsection (b) of this section which 

 is false in any particular, except that a person 

 who receives and relies upon a guaranty author- 

 ized under subsection (b) of this section may 

 give a guaranty to the same effect, which guar- 

 anty shall contain, in addition to his own name 



