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7 U.S.C. § 136fBooks and records

submitted 79 years ago by Pub. L. 92-516 to r/title-7-AGRICULTURE · 393 words · no verdicts yet

in plain englishAI-generated · not legal advice

The EPA can require producers and registrants to keep records needed to enforce this law. These records can't cover financial data, most sales data, pricing, personnel data, or research data on unrelated products. Sellers and distributors must let inspectors see and copy shipping records on request.

(a) Requirements. EPA can make rules requiring producers, registrants, and people applying for registration to keep records about their operations and the pesticides and devices they make — whatever records EPA decides are necessary to enforce this law, and to make them available for inspection and copying the same way subsection (b) describes. These required records can never include financial data, sales data (other than shipment records), pricing data, personnel data, or research data — except research data about a registered pesticide or one with a pending registration application. (b) Inspection. To enforce this law, any producer, distributor, carrier, dealer, or anyone else who sells, offers to sell, delivers, or offers to deliver a covered pesticide or device must — when an authorized EPA or state officer asks — give that officer access to copy: (1) records showing how the pesticide or device was delivered, moved, or held, including quantity, shipment and receipt dates, and who sent and received it; or (2) if those specific records don't exist, whatever other records and information relate to that delivery, movement, or holding. As in (a), this inspection can't reach financial data, sales data (other than shipment data), pricing data, personnel data, or research data (except data tied to a registered or pending pesticide). Before inspecting, the officer must show the owner, operator, or person in charge proper credentials and a written statement of why the inspection is happening, including whether a violation is suspected — and if not, a different valid reason must be given in writing. Every inspection must start and finish promptly.
the actual law source: uscode.house.gov ↗public domain
(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). 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 credit: (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.)

history & why it existsrecord from the source credit
  • 1947Enacted · Pub. L. 92-516 · 86 Stat. 987
  • 1978Amended · Pub. L. 95-396 · 92 Stat. 829
  • 1988Amended · Pub. L. 100-532 · 102 Stat. 2668
  • 1991Amended · Pub. L. 102-237 · 105 Stat. 1895

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-516 on 1947-06-25.

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