104 



and address, the name and address of the per- 

 son residing in the United States from whom 

 he received the guaranty or undertaking; 



(D) to use for his own advantage or to reveal, 

 other than to the Administrator, or officials or 

 employees of the Environmental Protection 

 Agency or other Federal executive agencies, or 

 to the courts, or to physicians, pharmacists, and 

 other qualified persons, needing such informa- 

 tion for the performance of their duties, in ac- 

 cordance with such directions as the Ad- 

 ministrator may prescribe, any information 

 acquired by authority of this subchapter which 

 is confidential under this subchapter; 



(E) who is a registrant, wholesaler, dealer, 

 retailer, or other distributor to advertise a prod- 

 uct registered under this subchapter for re- 

 stricted use without giving the classification of 

 the product assigned to it under section 136a 

 of this title; 



(P) to make available for use, or to use, any 

 registered pesticide classified for restricted use 

 for some or all purposes other than in accord- 

 ance with section 136a(d) of this title and any 

 regulations thereunder; 



(G) to use any registered pesticide in a man- 

 ner inconsistent with its labeling; 



(H) to use any pesticide which is under an 

 experimental use permit contrary to the pro- 

 visions of such permit; 



(I) to violate any order issued under section 

 136k of this title; 



(J) to violate any suspension order issued 

 under section 136d of this title; 



(K) to violate any cancellation of registra- 

 tion of a pesticide under section 136d of this 

 title, except as provided by section 136d(a)(l) 

 of this title; 



(L) who is a producer to violate any of the 

 provisions of section 136e of this title; 



(M) to knowingly falsify all or part of any 

 application for registration, application for ex- 

 perimental use permit, any information sub- 

 mitted to the Administrator pursuant to sec- 

 tion 136e of this title, any records required to 

 be maintained pursuant to section 136f of this 

 title, any report filed under this subchapter, or 

 any information marked as confidential and sub- 

 mitted to the Administrator under any provi- 

 sion of this subchapter; 



(N) who is a registrant, wholesaler, dealer, 

 retailer, or other distributor to fail to file re- 

 ports required by this subchapter; 



(O) to add any substance to, or take any sub- 

 stance from, any pesticide in a manner that 

 may defeat the purpose of this subchapter; or 



(P) to use any pesticide in tests on human 

 beings unless such human beings (i) are fiUly 

 informed of the nature and purposes of the test 

 and of any physical and mental health conse- 

 quences which are reasonably foreseeable there- 

 from, and (ii) freely volimteer to i>articipate in 

 the test. 



(b) Exemptions. 



The penalties provided for a violation of para- 

 graph (1) of subsection (a) of this section shall not 



apply to — ■ 



(1) any person who establishes a guaranty 

 signed by, and containing the name and address 

 of, the registrant or person residing in the United 

 States from whom he purchased or received in 

 good faith the pesticide in the same unbroken 

 package, to the effect that the pesticide was law- 

 fully registered at the time of sale and delivery to 

 him, and that it complies with the other require- 

 ments of this subchapter, and in such case the 

 guarantor shall be subject to the penalties which 

 would otherwise attach to the person holding the 

 guaranty under the provisions of this subchapter; 

 <2) any carrier while lawfully shipping, trans- 

 porting, or delivering for shipment any pesticide 

 or device, if such carrier upon request of any offi- 

 cer or employee duly designated by the Adminis- 

 trator shall permit such officer or employee to copy 

 all of its records concerning such pesticide or 

 device; 



(3) any public official while engaged in the per- 

 formance of his official duties ; 



(4) any person using or possessing any pesti- 

 cide as provided by an experimental use permit in 

 effect with respect to such pesticide and such use 

 or possession; or 



(5) any person who ships a substance or mix- 

 ture of substances being put through tests in 

 which the purpose is only to determine its value 

 for pesticide purposes or to determine its toxicity 

 or other properties and from which the user does 

 not expect to receive any benefit in pest control 

 from its use. 



(June 25, 1947, ch. 125, § 12, as added Oct. 21, 1972. 

 Pub. L. 92-516, § 2, 86 Stat. 989.) 



§ 136k. Stop sale, use, removal, and seizure. 



(a) Stop sale, etc., orders. 



Whenever any pesticide or device is found by the 

 Administrator in any State and there is reason to 

 believe on the basis of inspection or tests that such 

 pesticide or device is in violation of any of the provi- 

 sions of this subchapter, or that such pesticide or 

 device has been or is intended to be distributed or 

 sold in violation of any such provisions, or when the 

 registration of the pesticide has been canceled by a 

 final order or has been suspended, the Administrator 

 may issue a written or printed "stop sale, use, or 

 removal" order to any person who owns, controls, 

 or has custody of such pesticide or device, and after 

 receipt of such order no person shall sell, use, or 

 remove the pesticide or device described in the order 

 fexcept in accordance with the provisions of the 

 order. 



(b) Seizure. 



Any pesticide or device that is being transported 

 or, having been transported, remains unsold or in 

 original unbroken packages, or that is sold or offered 

 for sale in any State, or that is imported from a 

 foreign country, shall be liable to be proceeded 

 against in any district court in the district where it 

 is found and seized for confiscation by a process in 

 rem for condemnation if — 



(1) in the case of a pesticide — 

 (A) it Is adulterated or misbranded; 



