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U.S. Code as of:
01/03/05
Section 136g. Inspection of establishments, etc.
(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.
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