SEC.
9. [136g] INSPECTION OF ESTABLISHMENTS, ETC.
(a)
IN GENERAL.-(1) For
purposes of enforcing the provisions of
this Act, 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
19.
(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, he 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 Act and upon a showing to
an officer or court of competent jurisdiction that there is reason
to believe that the provisions of this Act 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
8;
(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 Act 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 Act. |
(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 Act. If it shall appear from any such examination that
they fail to comply with the requirements of this Act, 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 his 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 Act 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 14(b) or a civil proceeding under section
14(a), when the Administrator determines that such action will
be sufficient to effectuate the purposes of this Act.
(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 Act shall be construed as requiring the Administrator
to institute proceedings for prosecution of minor violations
of this Act whenever he believes that the public interest will
be adequately served by a suitable written notice of warning. |
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