7 U.S. Code § 136f - Books and records

(a) Requirements
The Administrator may prescribe regulations requiring producers, registrants, and applicants for registration to maintain such records with respect to their operations and the pesticides and devices produced as the Administrator determines are necessary for the effective enforcement of this subchapter and to make the records available for inspection and copying in the same manner as provided in subsection (b) of this section. No records required under this subsection shall extend to financial data, sales data other than shipment data, pricing data, personnel data, and research data (other than data relating to registered pesticides or to a pesticide for which an application for registration has been filed).
(b) Inspection
For the purposes of enforcing the provisions of this subchapter, any producer, distributor, carrier, dealer, or any other person who sells or offers for sale, delivers or offers for delivery any pesticide or device subject to this subchapter, shall, upon request of any officer or employee of the Environmental Protection Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to, and to copy:
(1) all records showing the delivery, movement, or holding of such pesticide or device, including the quantity, the date of shipment and receipt, and the name of the consignor and consignee; or
(2) in the event of the inability of any person to produce records containing such information, all other records and information relating to such delivery, movement, or holding of the pesticide or device. Any inspection with respect to any records and information referred to in this subsection shall not extend to financial data, sales data other than shipment data, pricing data, personnel data; and research data (other than data relating to registered pesticides or to a pesticide for which an application for registration has been filed). Before undertaking an inspection under this subsection, the officer or employee must present to the owner, operator, or agent in charge of the establishment or other place where pesticides or devices are held for distribution or sale, appropriate credentials and a written statement as to the reason for the inspection, including a statement as to whether a violation of the law is suspected. If no violation is suspected, an alternate and sufficient reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness.

Source

(June 25, 1947, ch. 125, § 8, as added Pub. L. 92–516, § 2,Oct. 21, 1972, 86 Stat. 987; amended Pub. L. 95–396, § 14,Sept. 30, 1978, 92 Stat. 829; Pub. L. 100–532, title III, § 301,Oct. 25, 1988, 102 Stat. 2668; Pub. L. 102–237, title X, § 1006(b)(1),Dec. 13, 1991, 105 Stat. 1895.)
Prior Provisions

A prior section 8 of act June 25, 1947, was classified to section 135f of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516.
Amendments

1991—Subsec. (a). Pub. L. 102–237substituted “the Administrator” for “he” before “determines”.
1988—Subsec. (a). Pub. L. 100–532inserted “, registrants, and applicants for registration” after “requiring producers” and “and to make the records available for inspection and copying in the same manner as provided in subsection (b) of this section” before period at end of first sentence.
1978—Subsec. (b). Pub. L. 95–396required, in connection with inspection of records and information, the presentation of credentials, written statement as to the reason for inspection, including statement of suspected violation, or an alternative but sufficient reason, and commencement and completion of inspection with reasonable promptness.
Effective Date of 1988 Amendment

Amendment by Pub. L. 100–532effective on expiration of 60 days after Oct. 25, 1988, see section 901 ofPub. L. 100–532, set out as a note under section 136 of this title.
Effective Date

For effective date of section, see section 4 ofPub. L. 92–516, set out as a note under section 136 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


19 CFR - Customs Duties

19 CFR Part 12 - SPECIAL CLASSES OF MERCHANDISE

29 CFR - Labor

29 CFR Part 1440 - ARBITRATION OF PESTICIDE DATA DISPUTES

40 CFR - Protection of Environment

40 CFR Part 3 - CROSS-MEDIA ELECTRONIC REPORTING

40 CFR Part 9 - OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

40 CFR Part 30 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS

40 CFR Part 31 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

40 CFR Part 32

40 CFR Part 34 - NEW RESTRICTIONS ON LOBBYING

40 CFR Part 35 - STATE AND LOCAL ASSISTANCE

40 CFR Part 152 - PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES

40 CFR Part 153 - REGISTRATION POLICIES AND INTERPRETATIONS

40 CFR Part 155 - REGISTRATION STANDARDS AND REGISTRATION REVIEW

40 CFR Part 156 - LABELING REQUIREMENTS FOR PESTICIDES AND DEVICES

40 CFR Part 158 - DATA REQUIREMENTS FOR PESTICIDES

40 CFR Part 159 - STATEMENTS OF POLICIES AND INTERPRETATIONS

40 CFR Part 160 - GOOD LABORATORY PRACTICE STANDARDS

40 CFR Part 162 - STATE REGISTRATION OF PESTICIDE PRODUCTS

40 CFR Part 165 - PESTICIDE MANAGEMENT AND DISPOSAL

40 CFR Part 166 - EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS

40 CFR Part 168 - STATEMENTS OF ENFORCEMENT POLICIES AND INTERPRETATIONS

40 CFR Part 169 - BOOKS AND RECORDS OF PESTICIDE PRODUCTION AND DISTRIBUTION

40 CFR Part 172 - EXPERIMENTAL USE PERMITS

40 CFR Part 174 - PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS

40 CFR Part 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

 

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