186 



investigation of and alter public hearing on the 

 necessity for such action for the protection of the 

 public health and the feasibility of such colora- 

 tion or discoloration, shall, by regulation, require 

 to be distinctly colored or discolored, unless it has 

 been so colored or discolored: Provided. That the 

 Administrator may exempt any economic poison 

 to the extent that it is intended for a particular 

 use or uses from the coloring or discoloring re- 

 quired or authorized by this section if he deter- 

 mines that such coloring or discoloring for such 

 use or uses is not necessary for the protection of 

 the public health. 



(5) Any economic poison which Is adulterated 

 or misbranded or any device which is mis- 

 branded. 



(b) Notwithstanding any other provision of sec- 

 tions 135 to 135k: of thLs title, no article shall be 

 deemed in violation of ?aid sections when intended 

 solely for export to any foreign country and prepared 

 or packed according to the specifications or direc- 

 tions of the foreign purchaser, 

 ic) It shall be unlawful— 



(1) for any person to detach, alter, deface, or 

 destroy, in whole ui in part, any label or labeling 

 provided for in sections 135 to 135k of this title or 

 the rules and regulations promulgated hereunder, 

 or to add any substance to, or take any sub- 

 stance from, an economic poison in a manner that 

 may defeat the piirpose of said sections; 



(2) for any manufacturer, distributor, dealer, 

 carrier, or other person to refuse, upon a request 

 in writing specifying the nature or kind of eco- 

 nomic poison or device to which such request 

 relates, to furnish to or permit any person desig- 

 nated by the Administrator to have access to and 

 to copy such records as authorized by section 135c 

 of this title; 



(3) for any person to give a guaranty or under- 

 taking provided for in section 135e of this title 

 which is false in any particular, except that a 

 person who receives and relies upon a guaranty 

 authorized under section 135e of this title may 

 give a guaranty to the same effect, which guar- 

 anty shall contain in addition to his own name 

 and address the name and address of the person 

 residing in the United States from whom he 

 received the guaranty or undertaking; and 



(4) for any person to use for his own advantage 

 or to reveal, other than to the Administrator, or 

 officials or employees of the Environmental Pro- 

 tection Agency, or other Federal agencies, or to 

 the courts in response to a subpena, or to physi- 

 cians, and in emergencies to pharmacists and 

 other qualified persons, for use in the preparation 

 of antidotes, in accordance with such directions 

 as the Administrator may prescribe, any informa- 

 tion relative to formulas of products acquired by 

 authority of section 135b of this title. 



(June 25. 1947. ch. 125. §3. 61 Stat. 166; May 12, 

 1964, Pub. L. 88-305, §5 2, 6. 78 SUt. 190, 193; 1970 

 Reorg. Plan No. 3, § 2(a) (8) (i). eff. Dec. 2, 1970, 35 

 F.R. 15623, 84 Stat. 2086.) 



Amendments 



1904 - .Suhstc. (ti)(l). Pub. L. 88-305. 5 6. substituted 

 "Is not r(i;i'lerc(l" fur ' h.is luil been registered." 



Subsec. (;0(2)(d). Pub. L. 88-305, 5 2, added par. 

 (2)(d). 



§ 135b. Registration of economic poisons. 



(a) General requirement; single economic poisons; 

 supplement statements; filing and contents of 

 statements. 



Every economic poison which is distributed, 

 sold, or offered for sale in any Territory or the Dis- 

 trict of Columbia, or which is shipped or delivered 

 for shipment from any State. Territory, or the Dis- 

 trict of Columbia to any other State, Territory, or 

 the District of Columbia, or which is received from 

 any foreign country shall be registered with the 

 Administrator: Provided, That products which have 

 the same formula, are manufactured by the same 

 person, the labeling of which contains the same 

 claims, and the labels of which bear a designation 

 Identifying the product as the same economic poison 

 may be registered as a single economic poison; and 

 additional names and labels shall be added by sup- 

 plement statements; the applicant for registration 

 shall file with the Administrator a statement 

 Including — 



(1) tlic name and address of the applicant for 

 registration and the name and address of the per- 

 son whose name will appear on the label, if other 

 than the applicant for registration; 



(2) the name of the economic poison; 



(3) a complete copy of the labeling accom- 

 panying the economic poison and a statement of 

 all claims to be made for it, including the direc- 

 tions for use; and 



(4) If requested by the Administrator, a fxill 

 description of the tests made and the results 

 thereof upon which the claims are based. 



(b) .Submission of formula; registration by Admin- 

 islrator'upon compliaiiii' with requircmeiils. 



The Administrator, whenever he deems it neces- 

 sary for the effective administration of sections 135 

 to 135k of this title, may require the submission of 

 the complete formula of the econoinic poison. If it 

 appears to the Administrator that the composition 

 of- the article is such as to warrant the proposed 

 claims for it and if the article and its labeling and 

 other material required to be submitted comply with 

 the requirements of section 135a of this title, he 

 shall register it. 



(c) Notification of noncompliance with requirements; 

 corrections; refusal, suspension or cancellation of 

 registration by .\dmiiii.strator; efToctivo date of 

 cancellation; advisory committees and procedures; 

 objections; public hearings; .Vdmiiiistrator's 

 orders; consultation with other agencies; con- 

 fidential information; public hazard suspension; 

 orders reviewable; defense of registration. 



If it does not appear to the Administrator that the 

 article is such as to warrant the proposed claims for 

 it or if the article and its labelmg and other material 

 required to be submitted do not comply with the 

 provisions of sections 135 to 135k of this title, he shall 

 notify the applicant for registration of the manner 

 in which the article, labeling, or other material re- 

 quired to be submitted fail to comply with said sec- 



