SEC.
8. [136f] BOOKS AND RECORDS.
(a)
REQUIREMENTS.-The Administrator
may prescribe regulations requiring producers, registrants, and
applicants for registration to maintain such records with respect
to their operations and the pesticides and devices produced as
he determines are necessary for the effective enforcement of
this Act and to make the records available for inspection and
copying in the same manner as provided in subsection (b). 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 information,
all other records and information relating to such delivery,
movement, or holding of the pesticide or device. Any inspection
with respect to any records and information referred to in this
subsection shall not 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). Before undertaking an inspection under this subsection,
the officer or employee 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. |
|
