Page:United States Statutes at Large Volume 86.djvu/1029

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[86 STAT. 987]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 987]

86 STAT. ]

PUBLIC LAW 92-516-OCT. 21, 1972

987

this section, or shall issue an order either canceling the registration, changing the classification, denying the registration, or requiring modification of the labeling or packaging of the article. Such order shall be based only on substantial evidence of record of such hearing and shall set forth detailed findings of fact upon which the order is based. "(e) JUDICIAL REVIEW.—Final orders of the Administrator under this section shall be subject to judicial review pursuant to section 16.

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"SEC. 7. REGISTRATION OF ESTABLISHMENTS.

" (a) REQUIREMENT.—No person shall produce any pesticide subject to this Act 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), he shall register the establishment and assign it an establishment number.

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" (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— " (A) which he is currently producing; " (B) which he has produced during the past year; and " (C) which he 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 13, inform him of the name and address of any recipient of any pesticide produced in any registered establishment which he operates. "(d)

CONFIDENTIAL RECORDS AND INFORMATION.—Any

informa-

tion submitted to the Administrator pursuant to subsection (c) shall be considered confidential and shall be subject to the provisions of section 10. "SEC. 8. BOOKS AND RECORDS. " (a) REQUIREMENTS.—The Administrator may prescribe regulations requiring producers to maintain such records with respect t other operations and the pesticides and devices produced as he determines are necessary for the effective enforcement of this Act. 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 Act, 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 Act, 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

Regulations,

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