§136f Books and Records

Summary

The EPA can make rules that require people who make pesticides, register them, or apply to register them to keep records about their operations and products. Those records must be kept so the law can be enforced and must be available for inspection and copying. The rule cannot force someone to keep financial records, sales data except shipment records, pricing records, personnel records, or research records (unless the research is about a pesticide that is already registered or has a registration application). When enforcing the law, a maker, distributor, carrier, dealer, or anyone who sells or ships a covered pesticide or device must, if asked by an EPA or a state or local official the EPA has named, let that official see and copy records about deliveries, movement, or storage. That includes quantities, shipment and receipt dates, and the names of sender and receiver. If those specific records are not available, other records about the delivery or holding must be shown. Inspectors must show ID and give a written reason for the inspection, say if a violation is suspected or give another written reason, and finish the inspection without unnecessary delay.