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(continued)
continued sale and use of existing stocks of a pesticide whose
conditional registration has been canceled under this subsection to
such extent, under such conditions, and for such uses as the
Administrator may specify if the Administrator determines that such
sale or use is not inconsistent with the purposes of this
subchapter and will not have unreasonable adverse effects on the
environment.
(2) A cancellation proposed under this subsection shall become
final and effective at the end of thirty days from receipt by the
registrant of the notice of intent to cancel unless during that
time a request for hearing is made by a person adversely affected
by the notice. If a hearing is requested, a hearing shall be
conducted under subsection (d) of this section. The only matters
for resolution at that hearing shall be whether the registrant has
initiated and pursued appropriate action to comply with the
condition or conditions within the time provided or whether the
condition or conditions have been satisfied within the time
provided, and whether the Administrator's determination with
respect to the disposition of existing stocks is consistent with
this subchapter. A decision after completion of such hearing shall
be final. Notwithstanding any other provision of this section, a
hearing shall be held and a determination made within seventy-five
days after receipt of a request for such hearing.
(f) General provisions
(1) Voluntary cancellation
(A) A registrant may, at any time, request that a pesticide
registration of the registrant be canceled or amended to
terminate one or more pesticide uses.
(B) Before acting on a request under subparagraph (A), the
Administrator shall publish in the Federal Register a notice of
the receipt of the request and provide for a 30-day period in
which the public may comment.
(C) In the case of a pesticide that is registered for a minor
agricultural use, if the Administrator determines that the
cancellation or termination of uses would adversely affect the
availability of the pesticide for use, the Administrator -
(i) shall publish in the Federal Register a notice of the
receipt of the request and make reasonable efforts to inform
persons who so use the pesticide of the request; and
(ii) may not approve or reject the request until the
termination of the 180-day period beginning on the date of
publication of the notice in the Federal Register, except that
the Administrator may waive the 180-day period upon the request
of the registrant or if the Administrator determines that the
continued use of the pesticide would pose an unreasonable
adverse effect on the environment.

(D) Subject to paragraph (3)(B), after complying with this
paragraph, the Administrator may approve or deny the request.
(2) Publication of notice
A notice of denial of registration, intent to cancel,
suspension, or intent to suspend issued under this subchapter or
a notice issued under subsection (c)(4) or (d)(5)(A) of section
136a-1 of this title shall be published in the Federal Register
and shall be sent by certified mail, return receipt requested, to
the registrant's or applicant's address of record on file with
the Administrator. If the mailed notice is returned to the
Administrator as undeliverable at that address, if delivery is
refused, or if the Administrator otherwise is unable to
accomplish delivery of the notice to the registrant or applicant
after making reasonable efforts to do so, the notice shall be
deemed to have been received by the registrant or applicant on
the date the notice was published in the Federal Register.
(3) Transfer of registration of pesticides registered for minor
agricultural uses
In the case of a pesticide that is registered for a minor
agricultural use:
(A) During the 180-day period referred to in paragraph
(1)(C)(ii), the registrant of the pesticide may notify the
Administrator of an agreement between the registrant and a
person or persons (including persons who so use the pesticide)
to transfer the registration of the pesticide, in lieu of
canceling or amending the registration to terminate the use.
(B) An application for transfer of registration, in
conformance with any regulations the Administrator may adopt
with respect to the transfer of the pesticide registrations,
must be submitted to the Administrator within 30 days of the
date of notification provided pursuant to subparagraph (A). If
such an application is submitted, the Administrator shall
approve the transfer and shall not approve the request for
voluntary cancellation or amendment to terminate use unless the
Administrator determines that the continued use of the
pesticide would cause an unreasonable adverse effect on the
environment.
(C) If the Administrator approves the transfer and the
registrant transfers the registration of the pesticide, the
Administrator shall not cancel or amend the registration to
delete the use or rescind the transfer of the registration,
during the 180-day period beginning on the date of the approval
of the transfer unless the Administrator determines that the
continued use of the pesticide would cause an unreasonable
adverse effect on the environment.
(D) The new registrant of the pesticide shall assume the
outstanding data and other requirements for the pesticide that
are pending at the time of the transfer.
(4) Utilization of data for voluntarily canceled pesticide
When an application is filed with the Administrator for the
registration of a pesticide for a minor use and another
registrant subsequently voluntarily cancels its registration for
an identical or substantially similar pesticide for an identical
or substantially similar use, the Administrator shall process,
review, and evaluate the pending application as if the voluntary
cancellation had not yet taken place except that the
Administrator shall not take such action if the Administrator
determines that such minor use may cause an unreasonable adverse
effect on the environment. In order to rely on this subsection,
the applicant must certify that it agrees to satisfy any
outstanding data requirements necessary to support the
reregistration of the pesticide in accordance with the data
submission schedule established by the Administrator.
(g) Notice for stored pesticides with canceled or suspended
registrations
(1) In general
Any producer or exporter of pesticides, registrant of a
pesticide, applicant for registration of a pesticide, applicant
for or holder of an experimental use permit, commercial
applicator, or any person who distributes or sells any pesticide,
who possesses any pesticide which has had its registration
canceled or suspended under this section shall notify the
Administrator and appropriate State and local officials of -
(A) such possession,
(B) the quantity of such pesticide such person possesses, and
(C) the place at which such pesticide is stored.
(2) Copies
The Administrator shall transmit a copy of each notice
submitted under this subsection to the regional office of the
Environmental Protection Agency which has jurisdiction over the
place of pesticide storage identified in the notice.
(h) Judicial review
Final orders of the Administrator under this section shall be
subject to judicial review pursuant to section 136n of this title.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 6, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 984; amended Pub. L. 94-140, Sec. 1, Nov.
28, 1975, 89 Stat. 751; Pub. L. 95-251, Sec. 2(a)(2), Mar. 27,
1978, 92 Stat. 183; Pub. L. 95-396, Secs. 11, 12, Sept. 30, 1978,
92 Stat. 828; Pub. L. 98-620, title IV, Sec. 402(4)(A), Nov. 8,
1984, 98 Stat. 3357; Pub. L. 100-532, title II, Sec. 201, title IV,
Sec. 404, title VIII, Sec. 801(e), (q)(2)(B), Oct. 25, 1988, 102
Stat. 2668, 2673, 2681, 2683; Pub. L. 101-624, title XIV, Sec.
1494, Nov. 28, 1990, 104 Stat. 3628; Pub. L. 102-237, title X, Sec.
1006(a)(5), (b)(1), (2), (3)(C)-(E), Dec. 13, 1991, 105 Stat. 1895,
1896; Pub. L. 104-170, title I, Secs. 102, 106(a), title II, Secs.
210(g), (h), 233, Aug. 3, 1996, 110 Stat. 1489, 1491, 1500, 1509.)

-COD-
CODIFICATION
"Subchapter II of chapter 5 of title 5", referred to in subsec.
(c)(2), was in the original "subchapter II of Title 5", and was
editorially changed to reflect the probable intent of Congress.


-MISC1-
PRIOR PROVISIONS
A prior section 6 of act June 25, 1947, was classified to section
135d of this title prior to amendment of act June 25, 1947, by Pub.
L. 92-516.

AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-170, Sec. 106(a)(1), substituted
"Existing stocks and information" for "Cancellation after five
years" in heading.
Subsec. (a)(1). Pub. L. 104-170, Sec. 106(a)(2), amended heading
and text generally. Prior to amendment, text read as follows: "The
Administrator shall cancel the registration of any pesticide at the
end of the five-year period which begins on the date of its
registration (or at the end of any five year period thereafter)
unless the registrant, or other interested person with the
concurrence of the registrant, before the end of such period,
requests in accordance with regulations prescribed by the
Administrator that the registration be continued in effect. The
Administrator may permit the continued sale and use of existing
stocks of a pesticide whose registration is canceled under this
subsection or subsection (b) of this section to such extent, under
such conditions, and for such uses as the Administrator may specify
if the Administrator determines that such sale or use is not
inconsistent with the purposes of this subchapter and will not have
unreasonable adverse effects on the environment. The Administrator
shall publish in the Federal Register, at least 30 days prior to
the expiration of such five-year period, notice that the
registration will be canceled if the registrant or other interested
person with the concurrence of the registrant does not request that
the registration be continued in effect."
Subsec. (b). Pub. L. 104-170, Sec. 233, inserted "When a public
health use is affected, the Secretary of Health and Human Services
should provide available benefits and use information, or an
analysis thereof, in accordance with the procedures followed and
subject to the same conditions as the Secretary of Agriculture in
the case of agricultural pesticides." before "The proposed action
shall become final".
Subsec. (c)(1). Pub. L. 104-170, Sec. 102(a), amended second
sentence generally. Prior to amendment, second sentence read as
follows: "No order of suspension may be issued unless the
Administrator has issued or at the same time issues notice of the
Administrator's intention to cancel the registration or change the
classification of the pesticide."
Subsec. (c)(3). Pub. L. 104-170, Sec. 102(b), inserted after
first sentence "The Administrator may issue an emergency order
under this paragraph before issuing a notice of intention to cancel
the registration or change the classification of the pesticide
under subsection (b) of this section and the Administrator shall
proceed to issue the notice under subsection (b) of this section
within 90 days of issuing an emergency order. If the Administrator
does not issue a notice under subsection (b) of this section within
90 days of issuing an emergency order, the emergency order shall
expire." and substituted "In the case of an emergency order" for
"In that case".
Subsec. (f)(1)(C)(ii). Pub. L. 104-170, Sec. 210(g)(1),
substituted "180-day" for "90-day" in two places.
Subsec. (f)(3)(A). Pub. L. 104-170, Sec. 210(g)(2), substituted
"180-day" for "90-day".
Subsec. (f)(4). Pub. L. 104-170, Sec. 210(h), added par. (4).
1991 - Subsec. (a)(1). Pub. L. 102-237, Sec. 1006(b)(1),
substituted "the Administrator" for "he" before "may specify" and
before "determines".
Subsec. (a)(2). Pub. L. 102-237, Sec. 1006(b)(3)(C), substituted
"the registrant" for "he" before "shall".
Subsec. (b). Pub. L. 102-237, Sec. 1006(b)(1), (2), substituted
"the Administrator's" for "his" in introductory provisions and par.
(1), and "the Administrator" for "he" before "shall publish" in
last sentence.
Subsec. (c)(1). Pub. L. 102-237, Sec. 1006(b)(1), (2),
substituted "the Administrator" for "he" before "may" and "the
Administrator's" for "his" before "intention".
Subsec. (c)(3). Pub. L. 102-237, Sec. 1006(b)(1), (3)(D),
substituted "the Administrator" for "he" before "may" and "the
Administrator" for "him" after "permit".
Subsec. (d). Pub. L. 102-237, Sec. 1006(b)(2), (3)(E), in
penultimate sentence substituted "the Administrator's" for "his"
and "the Administrator" for "him" before "and issue".
Subsec. (f)(3)(B). Pub. L. 102-237, Sec. 1006(a)(5), substituted
"adverse effect" for "adverse affect".
1990 - Subsec. (f)(1). Pub. L. 101-624, Sec. 1494(1), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
"A registrant at any time may request that any of its pesticide
registrations be canceled or be amended to delete one or more uses.
Before acting on such request, the Administrator shall publish in
the Federal Register a notice of the receipt of the request.
Thereafter, the Administrator may approve such a request."
Subsec. (f)(3). Pub. L. 101-624, Sec. 1494(2), added par. (3).
1988 - Subsec. (a)(1). Pub. L. 100-532, Sec. 801(e)(1),
substituted "effect. The Administrator" for "effect: Provided, That
the Administrator".
Subsec. (c). Pub. L. 100-532, Sec. 801(e)(2)-(4), in par. (1)
directed that undesignated paragraph beginning "Except as provided"
be run into sentence ending "of the pesticide." and substituted
"before the Administrator" for "before the Agency", in par. (2)
substituted "submitted to the Administrator" for "submitted to the
Agency" and "and the Administrator" for "and the Agency", and in
par. (3) substituted "(A)" for "(i)", "and the Administrator" for
"and the Agency", and "(B)" for "(ii)".
Subsec. (e). Pub. L. 100-532, Sec. 801(e)(5), (6), in par. (1),
substituted "met. The Administrator" for "met: Provided, That the
Administrator", and in par. (2), substituted "section. The only"
for "section: Provided, That the only".
Subsec. (f). Pub. L. 100-532, Sec. 201, added subsec. (f). Former
subsec. (f) redesignated (h).
Subsec. (f)(2). Pub. L. 100-532, Sec. 801(q)(2)(B), made a
technical amendment to the reference to section 136a-1 of this
title to reflect the renumbering of the corresponding section of
the original act.
Subsec. (g). Pub. L. 100-532, Sec. 404, added subsec. (g).
Subsec. (h). Pub. L. 100-532, Sec. 201, redesignated former
subsec. (f) as (h).
1984 - Subsec. (c)(4). Pub. L. 98-620 struck out provisions
requiring petitions to review orders on the issue of suspension to
be advanced on the docket of the court of appeals.
1978 - Subsec. (b). Pub. L. 95-396, Sec. 11, required the
Administrator, in taking any final action under subsec. (b), to
consider restricting a pesticide's use or uses as an alternative to
cancellation and to fully explain the reasons for the restrictions.
Subsec. (c)(2). Pub. L. 95-251 substituted "administrative law
judge" for "hearing examiner".
Subsecs. (e), (f). Pub. L. 95-396, Sec. 12, added subsec. (e) and
redesignated former subsec. (e) as (f).
1975 - Subsec. (b). Pub. L. 94-140 established criteria which
Administrator must use in determining the issuance of a suspension
of registration notice and the time periods relating to such
notice, set forth required procedures to be followed by
Administrator prior to publication of such notice, required
procedures when the Secretary elects to comment or fails to comment
on suspension notice, waiver or modification of time periods in
specified required procedures, required procedures for waiver of
notice and consent by Secretary for suspension of registration, and
established criteria for Secretary taking any final action.

EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as
a note under section 136 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-620 not applicable to cases pending on
Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
Effective Date note under section 1657 of Title 28, Judiciary and
Judicial Procedure.

EFFECTIVE DATE
For effective date of section, see section 4 of Pub. L. 92-516,
set out as a note under section 136 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 136a, 136a-1, 136m, 136o,
136w of this title.

-End-



-CITE-
7 USC Sec. 136e 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136e. Registration of establishments

-STATUTE-
(a) Requirement
No person shall produce any pesticide subject to this subchapter
or active ingredient used in producing a pesticide subject to this
subchapter in any State unless the establishment in which it is
produced is registered with the Administrator. The application for
registration of any establishment shall include the name and
address of the establishment and of the producer who operates such
establishment.
(b) Registration
Whenever the Administrator receives an application under
subsection (a) of this section, the Administrator shall register
the establishment and assign it an establishment number.
(c) Information required
(1) Any producer operating an establishment registered under
this section shall inform the Administrator within 30 days after
it is registered of the types and amounts of pesticides and, if
applicable, active ingredients used in producing pesticides -
(A) which the producer is currently producing;
(B) which the producer has produced during the past year; and
(C) which the producer has sold or distributed during the
past year.

The information required by this paragraph shall be kept current
and submitted to the Administrator annually as required under
such regulations as the Administrator may prescribe.
(2) Any such producer shall, upon the request of the
Administrator for the purpose of issuing a stop sale order
pursuant to section 136k of this title, inform the Administrator
of the name and address of any recipient of any pesticide
produced in any registered establishment which the producer
operates.
(d) Confidential records and information
Any information submitted to the Administrator pursuant to
subsection (c) of this section other than the names of the
pesticides or active ingredients used in producing pesticides
produced, sold, or distributed at an establishment shall be
considered confidential and shall be subject to the provisions of
section 136h of this title.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 7, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 987; amended Pub. L. 95-396, Sec. 13, Sept.
30, 1978, 92 Stat. 829; Pub. L. 102-237, title X, Sec. 1006(b)(1),
(3)(F), (G), Dec. 13, 1991, 105 Stat. 1895, 1896.)


-MISC1-
PRIOR PROVISIONS
A prior section 7 of act June 25, 1947, was classified to section
135e of this title prior to amendment of act June 25, 1947, by Pub.
L. 92-516.

AMENDMENTS
1991 - Subsec. (b). Pub. L. 102-237, Sec. 1006(b)(1), substituted
"the Administrator" for "he" before "shall".
Subsec. (c)(1)(A) to (C). Pub. L. 102-237, Sec. 1006(b)(3)(F),
substituted "the producer" for "he".
Subsec. (c)(2). Pub. L. 102-237, Sec. 1006(b)(3)(G), substituted
"the Administrator" for "him" after "inform" and "the producer" for
"he".
1978 - Subsec. (a). Pub. L. 95-396, Sec. 13(1), made requirement
of registration applicable to production of active ingredient used
in producing a pesticide subject to this subchapter.
Subsec. (c)(1). Pub. L. 95-396, Sec. 13(2), required information
pertaining to types and amounts of active ingredients used in
producing pesticides where applicable.
Subsec. (d). Pub. L. 95-396, Sec. 13(3), considered names of
pesticides or active ingredients used in producing pesticides
produced, sold, or distributed at an establishment as not being
confidential information.

EFFECTIVE DATE
For effective date of section, see section 4 of Pub. L. 92-516,
set out as a note under section 136 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 136, 136a, 136j, 136o,
136w of this title.

-End-



-CITE-
7 USC Sec. 136f 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136f. Books and records

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


-MISC1-
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. 102-237 substituted "the
Administrator" for "he" before "determines".
1988 - Subsec. (a). Pub. L. 100-532 inserted ", 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. 95-396 required, 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. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as
a note under section 136 of this title.

EFFECTIVE DATE
For effective date of section, see section 4 of Pub. L. 92-516,
set out as a note under section 136 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 136g, 136j, 136o, 136w-1
of this title.

-End-



-CITE-
7 USC Sec. 136g 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136g. Inspection of establishments, etc.

-STATUTE-
(a) In general
(1) For purposes of enforcing the provisions of this subchapter,
officers or employees of the Environmental Protection Agency or of
any State duly designated by the Administrator are authorized to
enter at reasonable times (A) any establishment or other place
where pesticides or devices are held for distribution or sale for
the purpose of inspecting and obtaining samples of any pesticides
or devices, packaged, labeled, and released for shipment, and
samples of any containers or labeling for such pesticides or
devices, or (B) any place where there is being held any pesticide
the registration of which has been suspended or canceled for the
purpose of determining compliance with section 136q of this title.
(2) Before undertaking such inspection, the officers or employees
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. If the officer or employee
obtains any samples, prior to leaving the premises, the officer or
employee shall give to the owner, operator, or agent in charge a
receipt describing the samples obtained and, if requested, a
portion of each such sample equal in volume or weight to the
portion retained. If an analysis is made of such samples, a copy of
the results of such analysis shall be furnished promptly to the
owner, operator, or agent in charge.
(b) Warrants
For purposes of enforcing the provisions of this subchapter and
upon a showing to an officer or court of competent jurisdiction
that there is reason to believe that the provisions of this
subchapter have been violated, officers or employees duly
designated by the Administrator are empowered to obtain and to
execute warrants authorizing -
(1) entry, inspection, and copying of records for purposes of
this section or section 136f of this title;
(2) inspection and reproduction of all records showing the
quantity, date of shipment, and the name of consignor and
consignee of any pesticide or device found in the establishment
which is adulterated, misbranded, not registered (in the case of
a pesticide) or otherwise in violation of this subchapter and 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; and
(3) the seizure of any pesticide or device which is in
violation of this subchapter.
(c) Enforcement
(1) Certification of facts to Attorney General
The examination of pesticides or devices shall be made in the
Environmental Protection Agency or elsewhere as the Administrator
may designate for the purpose of determining from such
examinations whether they comply with the requirements of this
subchapter. If it shall appear from any such examination that
they fail to comply with the requirements of this subchapter, the
Administrator shall cause notice to be given to the person
against whom criminal or civil proceedings are contemplated. Any
person so notified shall be given an opportunity to present the
person's views, either orally or in writing, with regard to such
contemplated proceedings, and if in the opinion of the
Administrator it appears that the provisions of this subchapter
have been violated by such person, then the Administrator shall
certify the facts to the Attorney General, with a copy of the
results of the analysis or the examination of such pesticide for
the institution of a criminal proceeding pursuant to section
136l(b) of this title or a civil proceeding under section 136l(a)
of this title, when the Administrator determines that such action
will be sufficient to effectuate the purposes of this subchapter.
(2) Notice not required
The notice of contemplated proceedings and opportunity to
present views set forth in this subsection are not prerequisites
to the institution of any proceeding by the Attorney General.
(3) Warning notices
Nothing in this subchapter shall be construed as requiring the
Administrator to institute proceedings for prosecution of minor
violations of this subchapter whenever the Administrator believes
that the public interest will be adequately served by a suitable
written notice of warning.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 9, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 988; amended Pub. L. 100-532, title III,
Sec. 302, Oct. 25, 1988, 102 Stat. 2669; Pub. L. 102-237, title X,
Sec. 1006(b)(1), (3)(H), (I), Dec. 13, 1991, 105 Stat. 1895, 1896.)


-MISC1-
PRIOR PROVISIONS
A prior section 9 of act June 25, 1947, was classified to section
135g of this title prior to amendment of act June 25, 1947, by Pub.
L. 92-516.

AMENDMENTS
1991 - Subsec. (a)(2). Pub. L. 102-237, Sec. 1006(b)(3)(H),
substituted "the officer or employee" for "he" before "shall" in
fourth sentence.
Subsec. (c)(1). Pub. L. 102-237, Sec. 1006(b)(3)(I), substituted
"the person's" for "his" in third sentence.
Subsec. (c)(3). Pub. L. 102-237, Sec. 1006(b)(1), substituted
"the Administrator" for "he" before "believes".
1988 - Subsec. (a). Pub. L. 100-532, Sec. 302(a), substituted
"(1) For purposes of" for "For purposes of", inserted "of the
Environmental Protection Agency or of any State", substituted "at
reasonable times (A)" for "at reasonable times,", added cl. (B),
and substituted "(2) Before" for "Before".
Subsec. (b)(1). Pub. L. 100-532, Sec. 302(b), amended par. (1)
generally, substituting "entry, inspection, and copying of records
for purposes of this section or section 136f of this title" for
"entry for the purpose of this section".

EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as
a note under section 136 of this title.

EFFECTIVE DATE
For effective date of section, see section 4 of Pub. L. 92-516,
set out as a note under section 136 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 136w-1 of this title.

-End-



-CITE-
7 USC Sec. 136h 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136h. Protection of trade secrets and other information

-STATUTE-
(a) In general
In submitting data required by this subchapter, the applicant may
(1) clearly mark any portions thereof which in the applicant's
opinion are trade secrets or commercial or financial information
and (2) submit such market material separately from other material
required to be submitted under this subchapter.
(b) Disclosure
Notwithstanding any other provision of this subchapter and
subject to the limitations in subsections (d) and (e) of this
section, the Administrator shall not make public information which
in the Administrator's judgment contains or relates to trade
secrets or commercial or financial information obtained from a
person and privileged or confidential, except that, when necessary
to carry out the provisions of this subchapter, information
relating to formulas of products acquired by authorization of this
subchapter may be revealed to any Federal agency consulted and may
be revealed at a public hearing or in findings of fact issued by
the Administrator.
(c) Disputes
If the Administrator proposes to release for inspection
information which the applicant or registrant believes to be
protected from disclosure under subsection (b) of this section, the
Administrator shall notify the applicant or registrant, in writing,
by certified mail. The Administrator shall not thereafter make
available for inspection such data until thirty days after receipt
of the notice by the applicant or registrant. During this period,
the applicant or registrant may institute an action in an
appropriate district court for a declaratory judgment as to whether
such information is subject to protection under subsection (b) of
this section.
(d) Limitations
(1) All information concerning the objectives, methodology,
results, or significance of any test or experiment performed on or
with a registered or previously registered pesticide or its
separate ingredients, impurities, or degradation products, and any
information concerning the effects of such pesticide on any
organism or the behavior of such pesticide in the environment,
including, but not limited to, data on safety to fish and wildlife,
humans and other mammals, plants, animals, and soil, and studies on
persistence, translocation and fate in the environment, and
metabolism, shall be available for disclosure to the public. The
use of such data for any registration purpose shall be governed by
section 136a of this title. This paragraph does not authorize the
disclosure of any information that -
(A) discloses manufacturing or quality control processes,
(B) discloses the details of any methods for testing,
detecting, or measuring the quantity of any deliberately added
inert ingredient of a pesticide, or
(C) discloses the identity or percentage quantity of any
deliberately added inert ingredient of a pesticide,

unless the Administrator has first determined that disclosure is
necessary to protect against an unreasonable risk of injury to
health or the environment.
(2) Information concerning production, distribution, sale, or
inventories of a pesticide that is otherwise entitled to
confidential treatment under subsection (b) of this section may be
publicly disclosed in connection with a public proceeding to
determine whether a pesticide, or any ingredient of a pesticide,
causes unreasonable adverse effects on health or the environment,
if the Administrator determines that such disclosure is necessary
in the public interest.
(3) If the Administrator proposes to disclose information
described in clause (A), (B), or (C) of paragraph (1) or in
paragraph (2) of this subsection, the Administrator shall notify by
certified mail the submitter of such information of the intent to
release such information. The Administrator may not release such
information, without the submitter's consent, until thirty days
after the submitter has been furnished such notice. Where the
Administrator finds that disclosure of information described in
clause (A), (B), or (C) of paragraph (1) of this subsection is
necessary to avoid or lessen an imminent and substantial risk of
injury to the public health, the Administrator may set such shorter
period of notice (but not less than ten days) and such method of
notice as the Administrator finds appropriate. During such period
the data submitter may institute an action in an appropriate
district court to enjoin or limit the proposed disclosure. The
court may enjoin disclosure, or limit the disclosure or the parties
to whom disclosure shall be made, to the extent that -
(A) in the case of information described in clause (A), (B), or
(C) of paragraph (1) of this subsection, the proposed disclosure
is not required to protect against an unreasonable risk of injury
to health or the environment; or
(B) in the case of information described in paragraph (2) of
this subsection, the public interest in availability of the
information in the public proceeding does not outweigh the
interests in preserving the confidentiality of the information.
(e) Disclosure to contractors
Information otherwise protected from disclosure to the public
under subsection (b) of this section may be disclosed to
contractors with the United States and employees of such
contractors if, in the opinion of the Administrator, such
disclosure is necessary for the satisfactory performance by the
contractor of a contract with the United States for the performance
of work in connection with this subchapter and under such
conditions as the Administrator may specify. The Administrator
shall require as a condition to the disclosure of information under
this subsection that the person receiving it take such security
precautions respecting the information as the Administrator shall
by regulation prescribe.
(f) Penalty for disclosure by Federal employees
(1) Any officer or employee of the United States or former
officer or employee of the United States who, by virtue of such
employment or official position, has obtained possession of, or has
access to, material the disclosure of which is prohibited by
subsection (b) of this section, and who, knowing that disclosure of
such material is prohibited by such subsection, willfully discloses
the material in any manner to any person not entitled to receive
it, shall be fined not more than $10,000 or imprisoned for not more
than one year, or both. Section 1905 of title 18 shall not apply
with respect to the publishing, divulging, disclosure, or making
known of, or making available, information reported or otherwise
obtained under this subchapter. Nothing in this subchapter shall
preempt any civil remedy under State or Federal law for wrongful
disclosure of trade secrets.
(2) For the purposes of this section, any contractor with the
United States who is furnished information as authorized by
subsection (e) of this section, or any employee of any such
contractor, shall be considered to be an employee of the United
States.
(g) Disclosure to foreign and multinational pesticide producers
(1) The Administrator shall not knowingly disclose information
submitted by an applicant or registrant under this subchapter to
any employee or agent of any business or other entity engaged in
the production, sale, or distribution of pesticides in countries
other than the United States or in addition to the United States or
to any other person who intends to deliver such data to such
foreign or multinational business or entity unless the applicant or
registrant has consented to such disclosure. The Administrator
shall require an affirmation from any person who intends to inspect
data that such person does not seek access to the data for purposes
of delivering it or offering it for sale to any such business or
entity or its agents or employees and will not purposefully deliver
or negligently cause the data to be delivered to such business or
entity or its agents or employees. Notwithstanding any other
provision of this subsection, the Administrator may disclose
information to any person in connection with a public proceeding
under law or regulation, subject to restrictions on the
availability of information contained elsewhere in this subchapter,
which information is relevant to a determination by the
Administrator with respect to whether a pesticide, or any
ingredient of a pesticide, causes unreasonable adverse effects on
health or the environment.
(2) The Administrator shall maintain records of the names of
persons to whom data are disclosed under this subsection and the
persons or organizations they represent and shall inform the
applicant or registrant of the names and affiliations of such
persons.
(3) Section 1001 of title 18 shall apply to any affirmation made
under paragraph (1) of this subsection.

-SOURCE-
(June 25, 1947, ch. 125, Sec. 10, as added Pub. L. 92-516, Sec. 2,
Oct. 21, 1972, 86 Stat. 989; amended Pub. L. 95-396, Sec. 15, Sept.
30, 1978, 92 Stat. 829; Pub. L. 98-620, title IV, Sec. 402(4)(B),
Nov. 8, 1984, 98 Stat. 3357; Pub. L. 100-532, title VIII, Sec.
801(f), Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102-237, title X,
Sec. 1006(b)(1), (2), (3)(J), Dec. 13, 1991, 105 Stat. 1895, 1896.)


-MISC1-
PRIOR PROVISIONS
A prior section 10 of act June 25, 1947, was classified to
section 135h of this title prior to amendment of act June 25, 1947,
by Pub. L. 92-516.

AMENDMENTS
1991 - Subsec. (a). Pub. L. 102-237, Sec. 1006(b)(3)(J),
substituted "the applicant's" for "his".
Subsec. (b). Pub. L. 102-237, Sec. 1006(b)(2), substituted "the
Administrator's" for "his".
Subsec. (c). Pub. L. 102-237, Sec. 1006(b)(1), substituted "the
Administrator" for "he" before "shall notify".
1988 - Subsec. (d). Pub. L. 100-532 in par. (1), substituted
"public. The use" for "public: Provided, That the use" and "title.
This paragraph" for "title: Provided further, That this paragraph",
and in par. (3), "notice. Where" for "notice: Provided, That
where".
1984 - Subsec. (d)(3). Pub. L. 98-620 struck out provisions
requiring the court to give expedited consideration to actions
involving injunctions or limitations of proposed disclosure.
1978 - Subsec. (b). Pub. L. 95-396, Sec. 15(1), made disclosure
of information by the Administrator subject to the limitations of
subsecs. (d) and (e) of this section.
Subsecs. (d) to (g). Pub. L. 95-396, Sec. 15(2), added subsecs.
(d) to (g).

EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as
a note under section 136 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-620 not applicable to cases pending on
Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
Effective Date note under section 1657 of Title 28, Judiciary and
Judicial Procedure.

EFFECTIVE DATE
For effective date of section, see section 4 of Pub. L. 92-516,
set out as a note under section 136 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 136a, 136e of this title;
title 21 section 346a.

-End-



-CITE-
7 USC Sec. 136i 01/19/04

-EXPCITE-
TITLE 7 - AGRICULTURE
CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

-HEAD-
Sec. 136i. Use of restricted use pesticides; applicators

-STATUTE-
(a) Certification procedure
(1) Federal certification
In any State for which a State plan for applicator
certification has not been approved by the Administrator, the
Administrator, in consultation with the Governor of such State,
shall conduct a program for the certification of applicators of
pesticides. Such program shall conform to the requirements
imposed upon the States under the provisions of subsection (a)(2)
of this section and shall not require private applicators to take
any examination to establish competency in the use of pesticides.
Prior to the implementation of the program, the Administrator
shall publish in the Federal Register for review and comment a
summary of the Federal plan for applicator certification and
shall make generally available within the State copies of the
plan. The Administrator shall hold public hearings at one or more
locations within the State if so requested by the Governor of
such State during the thirty days following publication of the
Federal Register notice inviting comment on the Federal plan. The
hearings shall be held within thirty days following receipt of
the request from the Governor. In any State in which the
Administrator conducts a certification program, the Administrator
may require any person engaging in the commercial application,
sale, offering for sale, holding for sale, or distribution of any
pesticide one or more uses of which have been classified for
restricted use to maintain such records and submit such reports
concerning the commercial application, sale, or distribution of
such pesticide as the Administrator may by regulation prescribe.
Subject to paragraph (2), the Administrator shall prescribe
standards for the certification of applicators of pesticides. (continued)