Page:United States Statutes at Large Volume 102 Part 3.djvu/723

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PUBLIC LAW 100-000—MMMM. DD, 1988

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PUBLIC LAW 100-532—OCT. 25, 1988

102 STAT. 2675

"(A) the action taken that requires the payment of indemnification; "(B) the reasons for taking the action; "(C) the estimated cost of the payment; and "(D) a request for the appropriation of funds for the payment. "(4) APPROPRIATION.—The Administrator may not make a payment of indemnification under paragraph (1) unless a specific line item appropriation of funds has been made in advance for the payment. "(b) INDEMNIFICATION OF END USERS, DEALERS, AND DISTRIBUTORS.— "(1) END USERS.—If—

"(A) the Administrator notifies a registrant under section 6(c)(1) that the Administrator intends to suspend a registration or that an emergency order of suspension of a registration under section 6(c)(3) has been issued: "(B) the registration in question is suspended under section 6(c), and thereafter is canceled under section 6(b), 6(d), or 6(f); and "(C) any person who, immediately before the notice to the registrant under subparagraph (A), owned any quantity of the pesticide for purposes of applying or using the pesticide as an end user, rather than for purposes of distributing or selling it or further processing it for distribution or sale, suffered a loss by reason of the suspension or cancellation of the pesticide; the person shall be entitled to an indemnity payment under this subsection for such quantity of the pesticide. "(2) DEALERS AND DISTRIBUTORS.—

"(A) Any registrant, wholesaler, dealer, or other distributor (hereinafter in this paragraph referred to as a 'seller') of a registered pesticide who distributes or sells the pesticide directly to any person not described as an end user in paragraph (1)(C) shall, with respect to any quantity of the pesticide that such person cannot use or resell as a result of the suspension or cancellation of the pesticide, reimburse such person for the cost of first acquiring the pesticide from the seller (other than the cost of transportation, if any), unless the seller provided to the person at the time of distribution or sale a notice, in writing, that the pesticide is not subject to reimbursement by the seller. "(B) If— "(i) the Administrator notifies a registrant under section 6(c)(1) that the Administrator intends to suspend a registration or that an emergency order of suspension of a registration under section 6(c)(3) has been issued; "(ii) the registration in question is suspended under section 6(c), and thereafter is canceled under section 6(b), 6(d), or 6(f); "(iii) any person who, immediately before the notice to the registrant under clause (i)— "(I) had not been notified in writing by the seller, as provided under subparagraph (A), that any quantity of the pesticide owned by such person is not subject to reimbursement by the seller in the