105 



(B) it is not registered pursuant to the pro- 

 visions of section 136a of this title; 



(C) its labeling fails to bear the information 

 required by this subchapter; 



(D) it is not colored or discolored and such 

 coloring or discoloring is required under this 

 subchapter; or 



(E) any of the claims made for it or any of 

 the directions for its use differ in substance from 

 the representations made in connection with 

 its registration; 



(2) in the case of a device, it is misbranded; or 



(3) in the case of a pesticide or device, when 

 used in accordance with the requirements imposed 

 under this subchapter and as directed by the 

 labeling, it nevertheless causes unreasonable ad- 

 verse effects on the environment. In the case of a 

 plant regulator, defoliant, or desiccant, used in 

 accordance with the label claims and recommen- 

 dations, physical or physiological effects on plants 

 or parts thereof shall not be deemed to be injury. 

 when such effects are the purpose for which the 

 plant regulator, defoliant, or desiccant was 

 applied. 



(c) Disposition after condemnation. 



If the pesticide or device is condemned it shall, 

 after entry of the decree, be disposed of by destruc- 

 tion or sale as the court may direct and the proceeds, 

 if sold, less the court costs, shall be paid into the 

 Treasury of the United States, but the pesticide or 

 device shall not be sold contrary to the provisions 

 of this subchapter or the laws of the jurisdiction in 

 which it is sold: Provided. That upon payment of 

 the costs of the condemnation proceedings and the 

 execution and delivery of a good and sufficient bond 

 conditioned that the pesticide or device shall not be 

 sold or otherwise disposed of contrary to the provi- 

 sions of the subchapter or the laws of any jurisdic- 

 tion in which sold, the court may direct that such 

 pesticide or device be delivered to the owner thereof. 

 The proceedings of such condemnation cases shall 

 conform, as near as may be to the proceedings in 

 admiralty, except that either party may demand 

 trial by jury of any issue of fact joined in any case, 

 and all such proceedings shall be at the suit of and 

 in the name of the United States. 



(d) Court costs, etc. 



When a decree of condemnation is entered against 

 the pesticide or device, court costs and fees, storage, 

 and other proper expenses shall be awarded against 

 the person, if any, intervening as claimant of the 

 pesticide or device. (June 25. 1947. ch. 125. § 13, as 

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

 991.) 



§ 136/. Penalties, 

 (a) Civil penalties. 



(1) In general. 



Any registrant, commercial applicator, whole- 

 saler, dealer, retailer, or other distributor who 

 violates any provision of this subchapter may be 

 assessed a civil penalty by the Administrator of 

 not more than $5,000 for each offense. 



(2) Private applicator. 



Any private applicator or other person not in- 



cluded in paragraph (1) who violates any provi- 

 sion of this subchapter subsequent to receiving a 

 written, warning from the Administrator or fol- 

 lowing a citation for a prior violation, may be 

 assessed a civil penalty by the Administrator of 

 not more than $1,000 for each offense. 



(3) Hearing. 



No civil penalty shall be assessed unless the 

 person charged shall have been given notice 

 and opportunity for a hearing on such charge in 

 the county, parish, or incorporated city of the 

 residence of the person charged. In determining 

 the amount of the penalty the Administrator shall 

 consider the appropriateness of such penalty to 

 the size of the business of the person charged, the 

 effect on the person's ability to continue in busi- 

 ness, and the gravity of the violation. 



(4) References to Attorney General. 



In case of inability to collect such civil penalty 

 or failure of any person to pay all. or such portion 

 of such civil penalty as the Administrator may 

 determine, the Administrator shall refer the mat- 

 ter to the Attorney General, who shall recover 

 such amount by action in the appropriate United 

 States district court. 



(b) Criminal penalties. 



(1) In general. 



Any registrant, commercial applicator, whole- 

 saler, dealer, retailer, or other distributor who 

 knowingly violates any provision of this subchap- 

 ter shall be guilty of a misdemeanor and shall on 

 conviction be fined not more than $25,000, or im- 

 prisoned for not more than one year, or both. 



(2) Private applicator. 



Any private applicator or other person not in- 

 cluded in paragraph ( 1 ) who knowingly violates 

 any provision of this subchapter shall be guilty of 

 a misdemeanor and shall on conviction be lined 

 not more than $1,000, or imprisoned for not more 

 than 30 days, or both. 



(3) Disclosure of information. 



Any person, who. with intent to defraud, uses or 

 reveals information relative to formulas of prod- 

 ucts acquired under the authority of section 136a 

 of this title, shall be fined not more than $10,000, 

 or imprisoned for not more than three years, or 

 both. 



(4) Acts of officers, agents, etc. 



When construing and enforcing the provisions 

 of this subchapter, the act. omission, or failure 

 of any officer, agent, or other person acting for or 

 employed by any person shall in every case be also 

 deemed to be the act, omission, or failure of such 

 person as well as that of the person employed. 



(June 25, 1947. ch. 125, § 14, as added Oct. 21, 1972, 



Pub L. 92-516, § 2, 86 Stat. 992.) 



§ 136m. Indemnities, 

 (a) Requirement. 

 If— 



(1) the Administrator notifies a registrant that 

 he has suspended the registration of a pesticide 

 because such action is necessary to prevent an 



