(a) RequirementsThe 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) InspectionFor 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.
Structure US Code
CHAPTER 6— INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II— ENVIRONMENTAL PESTICIDE CONTROL
§ 136a. Registration of pesticides
§ 136a–1. Reregistration of registered pesticides
§ 136c. Experimental use permits
§ 136d. Administrative review; suspension
§ 136e. Registration of establishments
§ 136g. Inspection of establishments, etc.
§ 136h. Protection of trade secrets and other information
§ 136i. Use of restricted use pesticides; applicators
§ 136i–1. Pesticide recordkeeping
§ 136i–2. Collection of pesticide use information
§ 136k. Stop sale, use, removal, and seizure
§ 136n. Administrative procedure; judicial review
§ 136p. Exemption of Federal and State agencies
§ 136q. Storage, disposal, transportation, and recall
§ 136r. Research and monitoring
§ 136r–1. Integrated Pest Management
§ 136s. Solicitation of comments; notice of public hearings
§ 136t. Delegation and cooperation
§ 136u. State cooperation, aid, and training
§ 136w. Authority of Administrator
§ 136w–1. State primary enforcement responsibility
§ 136w–2. Failure by the State to assure enforcement of State pesticide use regulations
§ 136w–3. Identification of pests; cooperation with Department of Agriculture’s program
§ 136w–5. Minimum requirements for training of maintenance applicators and service technicians
§ 136w–6. Environmental Protection Agency minor use program
§ 136w–7. Department of Agriculture minor use program