7 U.S.C. § 136g: Inspection of establishments…

Summary

EPA inspectors and state employees the EPA appoints can enter places where pesticides or devices are kept for sale or shipment. They can inspect, take samples, and check places holding pesticides whose registration was suspended or canceled. Before entering, they must show ID and give a written reason for the inspection. If no law-breaking is suspected, they must give another written reason. Inspections must be done quickly. If samples are taken, the owner gets a receipt and, if asked, a matching portion of the sample. If the samples are analyzed, the owner gets the results quickly. If there is reason to believe the law was broken, inspectors can get and use warrants to enter, copy records, check shipment records (like quantity and who sent or received the pesticide), and seize illegal pesticides or devices. The EPA tests pesticides at its labs or places it chooses. If tests show a problem, the EPA must notify the person, let them respond, and can send the facts and test results to the Attorney General for criminal or civil action. The EPA can also choose to send a written warning instead of starting a prosecution for minor violations.

Title 7, §136g

Agriculture, Source: USLM XML via OLRC

(a)In general

(1)For purposes of enforcing the provisions of this subchapter, officers or employees of the Environmental Protection Agency or of any State duly designated by the Administrator are authorized to enter at reasonable times (A) any establishment or other place where pesticides or devices are held for distribution or sale for the purpose of inspecting and obtaining samples of any pesticides or devices, packaged, labeled, and released for shipment, and samples of any containers or labeling for such pesticides or devices, or (B) any place where there is being held any pesticide the registration of which has been suspended or canceled for the purpose of determining compliance with section 136q of this title.

(2)Before undertaking such inspection, the officers or employees 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. If the officer or employee obtains any samples, prior to leaving the premises, the officer or employee shall give to the owner, operator, or agent in charge a receipt describing the samples obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If an analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.

(b)Warrants

For purposes of enforcing the provisions of this subchapter and upon a showing to an officer or court of competent jurisdiction that there is reason to believe that the provisions of this subchapter have been violated, officers or employees duly designated by the Administrator are empowered to obtain and to execute warrants authorizing—

(1)entry, inspection, and copying of records for purposes of this section or section 136f of this title;

(2)inspection and reproduction of all records showing the quantity, date of shipment, and the name of consignor and consignee of any pesticide or device found in the establishment which is adulterated, misbranded, not registered (in the case of a pesticide) or otherwise in violation of this subchapter and 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; and

(3)the seizure of any pesticide or device which is in violation of this subchapter.

(c)Enforcement

(1)Certification of facts to Attorney General

The examination of pesticides or devices shall be made in the Environmental Protection Agency or elsewhere as the Administrator may designate for the purpose of determining from such examinations whether they comply with the requirements of this subchapter. If it shall appear from any such examination that they fail to comply with the requirements of this subchapter, the Administrator shall cause notice to be given to the person against whom criminal or civil proceedings are contemplated. Any person so notified shall be given an opportunity to present the person’s views, either orally or in writing, with regard to such contemplated proceedings, and if in the opinion of the Administrator it appears that the provisions of this subchapter have been violated by such person, then the Administrator shall certify the facts to the Attorney General, with a copy of the results of the analysis or the examination of such pesticide for the institution of a criminal proceeding pursuant to section 136l(b) of this title or a civil proceeding under section 136l(a) of this title, when the Administrator determines that such action will be sufficient to effectuate the purposes of this subchapter.

(2)Notice not required

The notice of contemplated proceedings and opportunity to present views set forth in this subsection are not prerequisites to the institution of any proceeding by the Attorney General.

(3)Warning notices

Nothing in this subchapter shall be construed as requiring the Administrator to institute proceedings for prosecution of minor violations of this subchapter whenever the Administrator believes that the public interest will be adequately served by a suitable written notice of warning.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 9 of act

June 25, 1947, was classified to section 135g of this title prior to amendment of act

June 25, 1947, by Pub. L. 92–516.

Amendments

1991—Subsec. (a)(2). Pub. L. 102–237, § 1006(b)(3)(H), substituted “the officer or employee” for “he” before “shall” in fourth sentence. Subsec. (c)(1). Pub. L. 102–237, § 1006(b)(3)(I), substituted “the person’s” for “his” in third sentence. Subsec. (c)(3). Pub. L. 102–237, § 1006(b)(1), substituted “the Administrator” for “he” before “believes”. 1988—Subsec. (a). Pub. L. 100–532, § 302(a), substituted “(1) For purposes of” for “For purposes of”, inserted “of the Environmental Protection Agency or of any State”, substituted “at reasonable times (A)” for “at reasonable times,”, added cl. (B), and substituted “(2) Before” for “Before”. Subsec. (b)(1). Pub. L. 100–532, § 302(b), amended par. (1) generally, substituting “entry, inspection, and copying of records for purposes of this section or section 136f of this title” for “entry for the purpose of this section”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100–532, set out as a note under section 136 of this title.

Effective Date

For

Effective Date

of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title.

§136g Inspection of Establishments, Etc.

Summary

Title 7, §136g

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata