§136f Books and records

Summary

EPA’s top official can make rules that require people and companies who make, register, or apply to register pesticides or devices to keep certain records about their operations and products. Those records must be available for inspection and copying under the rules below. The required records do not include financial information, sales data except shipment details, pricing, personnel information, or research data unless the research is about a pesticide that is already registered or has a registration application. When enforcing the law, any producer, distributor, carrier, dealer, or anyone who sells or moves a covered pesticide or device must, when asked by an EPA or designated State official, let that official view and copy records at reasonable times. The records asked for are those that show delivery, movement, or storage—such as quantity, shipment and receipt dates, and the names of the shipper and receiver. If those specific records are not available, other records or information about the delivery, movement, or storage must be provided. The inspection cannot include the excluded types of data above. Before inspecting, the official must show ID and give a written reason for the inspection, saying whether a violation is suspected; if no violation is suspected, another written reason must be given. Inspections must begin and end without unnecessary delay.