106 



imminent hazard; 



(2) the registration of the pesticide is canceled 

 as a result of a final determination that the use of 

 such pesticide will create an imminent hazard; 

 and 



(3) any person who owned any quantity of such 

 pesticide immediately before the notice to the 

 registrant under paragraph ( 1 ) suffered losses by 

 reason of suspension or cancellation of the 

 registration, 



the Administrator shall make an indemnity pay- 

 ment to such person, unless the Administrator finds 

 that such person i i • had knowledge of facts which, 

 in themselves, would have shown that such pesticide 

 did not meet the requirements of section 136a'c> <5) 

 of this title for registration, and (ii) continued 

 thereafter to produce such pesticide without giving 

 timely notice of such facts to the Administrator. 



(b) Amount of payment. 



(1) In general. 



The amount of the indemnity payment under 

 subsection <a) of this section to any person shall 

 be determined on the basis of the cost of the pesti- 

 cide owned by such person immediately before the 

 notice to the registrant referred to in subsection 

 (a)(1) of this section; except that in no event 

 ' shall an indemnity payment to any person exceed 

 the fair market value of the pesticide owned by 

 such person immediately before the notice referred 

 to in subsection (a) (1) of this section. 



(2) Special rule. 



Notwithstanding any other provision of this 

 subchapter the Administrator may provide a rea- 

 sonable time for use or other disposal of such 

 pesticide. In determining the quantity of any 

 pesticide for which indemnity shall be paid under 

 this subsection, proper adjustment shall be made 

 for any pesticide used or otherwise disposed of 

 by such owner. 



(June 25, 1947, ch. 125. § 15, as added Oct. 21, 1972, 



Pub. L. 92-516, § 2, 86 Stat. 993.) 



§ 136n. Administrative procedure; judicial review. 



(a) District court review. 



Except as is otherwise provided in this subchap- 

 ter. Agency refusals to cancel or suspend registra- 

 tions or change classifications not following a hear- 

 ing and other final Agency actions not committed 

 to Agency discretion by law are judicially reviewable 

 in the district courts. 



(b) Review by court of appeals. 



In the case of actual controversy as to the validity 

 of any order issued by the Administrator following 

 a public hearing, any person who will be adversely 

 affected by such order and who had been a party to 

 the proceedings may obtain judicial review by 

 filing in the United States court of appeals for the 

 circuit wherein such person resides or has a place of 

 business, within 60 days after the entry of such 

 order, a petition praying that the order be set aside 

 in whole or in part. A copy of the petition shall be 

 forthwith transmitted by the clerk of the court to 

 the Administrator or any officer designated by him 

 for that purpose, and thereupon the Administrator 

 shall file in the court the record of the proceedings 

 on which he based his order, as provided in section 



2112 of Title 28. Upon the filing of such petition the 

 court shall have exclusive jurisdiction to affirm or set 

 aside the order complained of in whole or in part. 

 The court shall consider all evidence of record. The 

 order of the Administrator shall be sustained if it is 

 supported by substantial evidence when considered 

 on the record as a whole. The judgment of the court 

 affirming or setting aside, in whole or in part, any 

 order under this section shall be final, subject to 

 review by the Supreme Court of the United States 

 upon certiorari or certification as provided in sec- 

 tion 1254 of Title 28. The commencement of pro- 

 ceedings under this section shall not, unless speci- 

 fically ordered by the court to the contrary, operate 

 as a stay of an order. The court shall advance on the 

 docket and expedite the disposition of all cases 

 filed therein pursuant to this section. 



(c) Jurisdiction of district courts. 



The district courts of the United States are vested 

 with jurisdiction sp>ecifically to enforce, and to pre- 

 vent and restrain violations of, this subchapter. 



(d) Notice of judgments. 



The Administrator shall, by publication in such 

 manner as he may prescribe, give notice of all judg- 

 ments entered in actions instituted under the au- 

 thority of this subchapter. (June 25, 1947, ch. 125, 

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

 Stat. 994.) 



§ 136o. Imports and exports. 



(a) Pesticides and devices intended for export. 

 Notwithstanding any other provision of this sub- 

 chapter, no pesticide or device shall be deemed in 

 violation of this subchapter when intended solely for 

 export to any foreign country and prepared or 

 packed according to the specifications or directions 

 of the foreign purchaser, except that producers of 

 such pesticides and devices shall be subject to sec- 

 tion 136 of this title. 



(b) Cancellation notices furnished to foreign govern- 

 ments. 



Whenever a registration, or a cancellation or sus- 

 pension of the registration of a pesticide becomes 

 effective, or ceases to be effective, the Administrator 

 shall transmit through the State Department notifi- 

 cation thereof to the governments of other countries 

 and to appropriate international agencies. 



(c) Importation of pesticides and devices. 



The Secretary of the Treasury shall notify the 

 Administrator of the arrival of pesticides and de- 

 vices and shall deliver to the Administrator, upon 

 his request, samples of pesticides or devices which 

 are being imported into the United States, giving 

 notice to the owner or consignee, who may appear 

 before the Administrator and have the right to intro- 

 duce testimony. If it appears from the examination 

 of a sample that it is adulterated, or misbranded or 

 otherwise violates the provisions set forth in this 

 subchapter, or Is otherwise injurious to health or the 

 environment, the pesticide or device may be refused 

 admission, and the Secretary of the Treasury shall 

 refuse delivery to the consignee and shall cause the 

 destruction of any pesticide or device refused de- 



