23 1 tions of this subsection and all States shall be within four 2 years after the effective dute of this Act. 3 (e) If it does not appear to the Administrator that the 4 article is such as to warrant the proposed claims for it or 5 if the article and its labeling and other material required 6 to be submitted do not comply with the provisions of this 7 Act, he shall notify the applicant for registration of the 8 manner in which the article, labeling or other material 9 required to be submitted fails to comply with the Act so 10 as to afford the applicant for registration an opportunity 11 to make the corrections necessary. If, upon receipt of such 12 notice, the applicant for registration does not make the 13 corrections, the Administrator shall refuse to register the 14 article. Whenever the Administrator refuses registration 15 of a pesticide he shall notify the applicant for registration 16 of his action and the reasons therefor. Whenever an appli- 22 17 cation for registration is refused, the applicant, within thirty 18 23 a petition requesting that the matter be referred to an days after service of notice of such refusal, may file, objec 19 tions and request a public hearing in accordance with this 20 section. In the event a hearing is requested, the Admin21 istrator shall, after due notice, hold such public hearing for 22 the purpose of receiving evidence relevant and material to 23 the issues raised by such objections. As soon as practicable 24 after completion of the hearing, but not later than ninety advisory committee, or may file The procedures for referral to an advisory committee 59-044 71 - 37 1 days, the Administrator shall evaluate the data before him, 2 act upon such objections and issue an order granting or 3 denying the registration or requiring modification of the 4 claims or the labeling. Such order shall be based only 5 on substantial evidence of record of such hearing, and shall 6 set forth detailed findings of fact upon which the order 7 is based. In connection with consideration of any appli8 cation for registration under this section, the Administrator 9 may consult with any other Federal agency or with any 10 advisory committee appointed by him for this purpose. 11 Notwithstanding the provisions of section 3 (b) (4), infor12 mation relative to formulas of products acquired by authority 13 of this section may he revealed, when necessary under this 14 section, to any Federal agency consulted, or at a public 15 hearing, or in findings of fact issued by the Administrator. 16 Final orders of the Administrator under this section shall 17 be subject to judicial review in accordance with the pro18 visions of subsection (g). In no event shall registration 19 of an article be construed as a defense for the commission 20 of any offense prohibited under section of this Act. The 21 Administrator shall reach a decision as to whether to reg 22 ister a pesticide as expeditiously as possible. 23 (f) Within thirty days after the Administrator registers 24 or refuses-to-register-a pesticide under this section he shall 23 25 make available to the public the data called for in subsee on request 25 (3) 1 tions (1)-of subsection (a) of this section together 2 with such other scientific information as he deems relevant 23 3 to his decision: Provided, That the Administrator shall not 4 make public information which contains or relates to trade 5 secrets or commercial or financial information obtained from a person and privileged or confidential. 6 7 (g) In a case of actual controversy as to the validity 8 of any order under this section, any person who will be 9 adversely affected by such order may obtain judicial review 10 by filing in the United States court of appeals for the cir11 cuit wherein such person resides or has his principal place 12 of business within sixty days after the entry of such order, 13 a petition praying that the order be set aside in whole or 14 in part. A copy of the petition shall be forthwith transmit15 ted by the clerk of the court to the Administrator, or any 16 officer designated by him for that purpose, and thereupon 17 the Administrator shall file in the court the record of the 18 proceedings on which he based his order, as provided in 19 section 2112 of title 28, United States Code. Upon the filing 20 of such petition the court shall have exclusive jurisdiction 21 to affirm or set aside the order complained of in whole or 22 in part. The findings of the Administrator with respect to 23 24 25 questions of fact shall be sustained if supported by substan tial evidence when considered on the record as a whole. If application is made to the court for leave to adduce additional 26 1 evidence, the court may order such additional evidence to 2 be taken before the Administrator, and to be adduced upon 3 the hearing in such manner and upon such terms and con4 ditions as to the court seem proper if such evidence is mate1 5 rial and there were reasonable grounds for failure to adduce 6 such evidence in the proceedings below. The Administrator 7 may modify his findings as to the facts and order by reason 8 of the additional evidence so taken, and shall file with the 9 court such modified findings and order. The judgment of 10 the court affirming or setting aside, in whole or in part, any 11 order under this section shall be final, subject to review by 12 the Supreme Court of the United States upon certiorari or 13 certification as provided in section 1254 of title 28 of the 14 United States Code. The commencement of proceedings 15 under this section shall not operate as a stay of an order. The court shall advance on the docket and expedite the disposition 17 of all causes filed therein pursuant to this section, 16 18 (h) Notwithstanding any other provision of this Act, 19 registration is not required in the case of a pesticide shipped 20 from one establishment to another establishment operated 21 22 by the same person and used solely at such establishment as a constituent part to make a pesticide which is registered 23 under this Act. 1 27 CANCELLATION AND SUSPENSION 2 SEC. 5. (a) The Administrator shall cancel the regis 3 tration of any pesticide at the end of a period of five years 4 following the initial registration of such pesticide or at the 5 end of any five-year period thereafter, unless the registrant, 6 prior to the expiration of each such period, requests in ac7 cordance with regulations issued by the Administrator that 8 such registration be continued in effect. Three years after 9 the initial registration, the registrant shall submit to the 10 Administrator a report covering any information available adverse 11 to the registrant regarding environmental or health effects 24 12 of the registered pesticide which were not noted in the mate 13 rial submitted by the registrant at the time of initial 14 registration. 15 (b) The Administrator may cancel the registration of a 16 pesticide whenever it appears that the article or its labeling 17 does not comply with the provisions of this Act. 18 (c) Whenever the Administrator determines that regis19 tration of a pesticide should be canceled, he shall notify the 20 registrant of his action and the reasons therefor. A cancella21 tion of registration shall be effective thirty days after service 22 of the foregoing notice unless within such time the registrant 23 (1) makes the necessary corrections; or (2) files objections |