188 



hazard to the public, by order, suspend the registra- 

 tion of an economic poison immediately. In such 

 case, he shall give the registrant prompt notice of 

 such action and afford the registrant the oppor- 

 tunity to have the matter submitted to an advisory 

 committee and for an expedited hearing under this 

 section. Pinal orders of the Administrator under 

 this section shall be subject to judicial review, in 

 accordance with the provisions of subsection (d) of 

 this section, In no event shall registration of an 

 article be construed as a defense for the commission 

 of any offense prohibited under section 135a of this 

 title. 



(d) .luilicial review; court of appeals; persons entitled 

 to appeal, petition, record, jurisdiction, conclusive- 

 ness cf findings, additional evidence, modification 

 of lindin^^s and orders; Supreme Court; stay of 

 administrative orders; calendar. 

 In a case of actual controversy as to the validity 

 of any order under this section, any person who will 

 be adversely affected by such order may obtain ju- 

 dicial review by filing in the United States court of 

 appeals for the circuit wherein such person resides 

 or has his principal place cf business, or In the 

 United States Court of Appeals for the District of 

 Columbia Circuit, within sixty 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 fortliwith tran.smitted by the clerk of the 

 court to the Administrator, or any officer designated 

 by him for that purpose, and thereupon the Admin- 

 istrator shall file in the court the record of the pro- 

 ceedings 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 

 alllrm or set aside the order complained of in whole 

 or in part. The findings of the Administrator with 

 respect to questions of fact shall be sustained if sup- 

 ported by substantial evidence when considered on 

 the record as a whole. Including any report and rec- 

 ommendation of an advisory committee. If appli- 

 cation is made to the court for leave to adduce addi- 

 tional evidence, the court may order such additional 

 evidence to be taken before the Administrator, and 

 to be adduced upon the hearing in such manner and 

 upon such terms and conditions as to the court may 

 seem proper, if such evidence is material and there 

 were reasonable grounds for failure to adduce such 

 evidence in the proceedings below. The Adminis- 

 trator may modify his findings as to the facts and 

 order by reason of the additional evidence so taken. 

 and shall file with the court such modified findings 

 and order. 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 section 1254 of Title 

 18.' The commencement of proceedings under this 

 section shall not. unless specifically 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 causes filed therein pursuant 

 to this section. 



■So In original. Probably should read "TlUe 38.' 



(e) Shipments between single-ownership plants. 



Notwithstanding any other provision of sec- 

 tions 135 to 135k of this title, registration is not re- 

 quired in the case of an economic poison shipped 

 from one plant to another plant operated by the 

 same person and used solely at such plant as a con- 

 stituent part to make an economic poison which is 

 registered under said sections. 



(0 Time of cancellation and continuance of registra- 

 tion. 



The Administrator is authorized to cancel the 

 registration of any economic poison at the end of a 

 period of five years following the registration of such 

 economic poison or at the end of any flve-year period 

 thereafter, unless the registrant, prior to the expira- 

 tion of each such five-year period, requests in ac- 

 cordance with regulations issued by the Administra- 

 tor that such registration be contmued in effect. 

 (June 25, 1947, ch. 125, 5 4, 61 Stat. 167; May 12. 

 1964, Pub. L. 88-305. §§ 3. 4. 78 Stat. 190-192; 1970 

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

 PH. 15623. 84 Stet. ---.) 



Amendments 



1904 — Subsec. (a) . Pub. L. 88-305, i 3. substituted "ap- 

 plicant lor registration" for "registrant" In three In- 

 stances. . 



Subsec, (c). Pub, L, 88-305. 5 3. substituted In the 

 first sentence relating to notlflcntlon of noncompliance 

 with requirements "applicant for registration" for "reg- 

 istrant" In two Instances and substituted provisions 

 respecting refusal, suspension or cancellntlon of regis- 

 tration by Secretary, notlllcatlon of action and state- 

 ment of reasons, effective data of cancellation, advisory 

 committees and advisory committee procedures, objec- 

 tions and public hearings, Secretary's orders, consultation 

 with Federal agencies or advisory committee, formula In- 

 formation and confidential data. Imminent public haz- 

 ard suspension, and reviewable orders for former pro- 

 visions for registration under protest, 



Subsec, (d). Pub. L. 88-305, §4, added subsec. (U). 

 Former subsec, (d) redesignated (e). 



Subsec, (e). Pub, L. 88-305, §4. redesignated former 

 subsec, (d) as (e). Former subsec (e) redesignated (f). 



Subsec, (f). Pub. L, 88-305. §4, redesignated former 

 subsec (e) as (f) , 



Effective Date of 1964 Amendment: Termination op 

 Certain Existing Registrations, Under Protest 

 Amendment of subsec. (a), (c) — (f) of this section by 

 Pub. L, 88-305 effective on May 12. 1964 and termination 

 thereupon of certain existing registrations under pro- 

 test, see section 7 of Pub, L, 88-305. set out as a note 

 under section 135 of this title. 



Effective Date 



Section effective June 25, 1947. see note set out under 

 section 135 of this title. 



§ U.'ic. Rooks and records; access and inspection; uae 

 in criminal prosecution. 



For the purposes of enforcing the provisions of 

 sections 135 to 135k of this title, any manufacturer, 

 distributor, carrier, dealer, or any other person who 

 sells or offers for sale, delivers or offers for delivery, 

 or who receives or holds any economic poison or 

 device subject to said sections, shall, upon request 

 of any employee of the Environmental Protection 

 Agency or any employee of any State. Territory, 

 or political subdivision, duly designated by the Ad- 

 ministrator, furnish or permit such person at all 

 reasonable times to liave access to. and to copy all 

 records showing the delivery, movement, or holding 



