189 



of such economic poison or device, including the 

 quantity, the date of shipment and receipt, and the 

 name of the consignor and consignee; and In the 

 event of the inability of any person to produce 

 records containing such information, all other rec- 

 ords and information relating to such delivery, move- 

 ment, or holding of the economic poison or device. 

 Notwithstanding this provision, however, the specific 

 evidence obtained under this section, or any evidence 

 which is directly or indirectly derived from such 

 evidence, shall not be used in a criminal prosecu- 

 tion of the person from whom obtained. (June 25, 

 1947, ch. 125, I 5, 61 Stat. 168; Oct. 15, 1970. Pub. L. 

 91-452. tiUe n, § 204, 84 Stat. 928; 1970 Reorg. Plan 

 No. 3. }2(a>(8)(i). Dec. 2. 1970. 35 F.R. 15623. 84 

 Stat.—.) 



§ 13.Sd. Rules .nnd regulations: examination of eco- 

 nomic poisons or device.s: notification to violators; 

 certification to United States attorney; duty of 

 attorney; publication of judgments. 



(a) The Administrator (except as otherwise pro- 

 vided in this section) is authorized to make rules and 

 regulations for carrying out the provisions of sections 

 135 to 135k of this title, including the collection and 

 examination of samples of economic poisons and 

 devices subject to said sections and the determlna-. 

 tion and establishment of suitable names to be used 

 in the ingredient statement. The Administrator Is, In 

 addition, authorized after opportunity for hearing — 



( 1 ) to declare a pest any form of plant or ani- 

 mal life or virus which is injurious to plants, 

 man, domestic animals, articles, or substances; 



(2) to determine economic poisons, and quan- 

 tities of substances contained in economic poisons, 

 which are highly toxic to man; and 



(3) to determine standards of coloring or dis- 

 coloring for economic poisons, and to subject eco- 

 nomic poisons to the requirements of section 135a 



(a) (4) of this title. 



(b) The Secretary of the Treasury and the Admin- 

 istrator shall jointly prescribe regulations for the 

 enforcement of section l35h of this title. 



(c) The examination of economic poisons or de- 

 vices shall be made in the Environmental Protection 

 Agency or elsewhere as the Administrator may desig- 

 nate for the purpose of determining from such 

 examination whether they comply with the require- 

 ments of sectior^s 135 to 135k of this title, and If It 

 shall appear from any such examination that they 

 fail to comply with the requirements of said sections, 

 the Administrator shall cause notice to bo given to 

 the person against whom crlminsil proceedings are 

 contemplated. Any person so notified shall be given 

 an opportunity to present his views, either orally or 

 In writing, with regard to such contemplated pro- 

 ceedings, and if in the opinion of the Administrator 

 It appears that the provisions of said sections have 

 been violated ty such person, then the Administra- 

 tor shall certify the facts to the proper United States 

 attorney, with a copy of the results of the analysis or 

 the examination of such article: Provided. That 

 nothing in said sections shall be construed as requir- 

 ing the Administrator to report for prosecution or 



for the Institution of libel proceedings minor viola- 

 tions of said sections whenever he believes that the 

 public Interest will be adequately served by a suit- 

 able written notice of wanting. 



(d) It shall be the duty of each United States at- 

 torney, to whom the Administrator or his agents shall 

 report any violation of sections 135 to IS.'jk of this 

 title, to cause appropriate proceedings to be com- 

 menced and prosecuted in the proper courts of the 

 United States without delay. 



(e) The Administrator shall, by publication in 

 such manner as he may prescribe, give notice of all 

 Judgments entered in actions instituted under the au- 

 thority of sections 135 to 135k of this title. (June 25, 

 1947. ch. 125. : 6. 61 Stat. 168; 1970 Reorg. Plan No. 

 3. 5 2(a) (8) (1), efr. Dec. 2, 1970, 35 F.R. 15623, 84 

 Stat. 2086.) 



§ 135e. Exemptions from penalties. 



(a) The penalties provided for a violation of sec- 

 tion 135a (a) of this title 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 and received in 

 good faith the article in the same unbroken 

 package, to the cfTect that the article was lawfully 

 registered at the time of sale and delivery to him, 

 and that it complies with the other requirements 

 of sections 135 to 135k of this title, designating 

 said sections. In such case the guarantor shall be 

 subject to the penalties which would otherwise 

 attach to the pei-son holding the guaranty under 

 the provisions of said sections; 



(2) any carrier while lawfully engaged In trans- 

 porting an economic poison or device If such car- 

 rier upon request by a person duly designated 

 by the Admlnl.<;trator slioU permit such person to 

 copy all records showing the transactions In and 

 movement of the articles; 



(3) to public oflBclals while engaged In the per- 

 formance of their official duties; 



(4) to the manufacturer or shipper of an eco- 

 nomic poison for experimental use only by or 

 under the supervision of any Federal or State 

 agency authorized by law to conduct research In 

 the field of economic poisons; or by others if a 

 permit has been obtained before shipment In ac- 

 cordance with regulations promulgated by the 

 Administrator. 



(June 25, 1947, ch. 125, § 7, 61 Stat. 169; 1970 Reorg. 

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

 15623, 84 Stat. 2086.) 



§135f. Penalties. 



(a) Any person violating section 135a (a) (1) of 

 this title shall be guilty of a misdemeanor and shall 

 on conviction be fined not more than $1,000. 



(b) Any person violating any provision other than 

 section 135a (a) (1) of this title shall be guilty of a 

 mlsdemranor and shall upon conviction be fined not 

 more than $500 for the first offense, and on convic- 

 tion for each subsequent offense be fined not more 



