33

1

of inspections or tests that such pesticide or device is in

2 violation of any of the provisions of this Act, or that such

3 pesticide or device has been or is intended to be distributed. suspension

4 or sold in violation of any such provisions, or when the regis

5 tration of the pesticide or device has been canceled, the Ad

6 ministrator may issue a written or printed "stop sale, use,

7

or removal" order to the registrant, owner, and custodian

8 thereof, and after receipt of such order no person shall sell,

9

10

11

use, or remove the pesticide or device described in the order

except in accordance with the provisions of the order.

29

(b) Whenever the Administrator, on the basis-of-in12 spections or tests not considered in the course of registration 13 proceedings, determines that there is a muletantial question 14 as to the existence of an imminent heard of a prednet to 30

15 health or the environment, he is authorized to issue an order 16 to stop the sale, use, or removal of such product for a period 17 not to exceed ninety days, in the same manner as set forth 18 in-subsection (n) of this section.

19

(b) Any pesticide or device that is being transported 20 or, having been transported, remains unsold or in original 21 unbroken packages, or that is sold or offered for sale in

22

any State, or that is imported from a foreign country, shall 23 be liable to be proceeded against in any district court in 24 the district where it is found and seized for confiscation by a process in rem for condemnation—

25

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2

3

4

5

6

7

བ

со

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9

10

11

12

13

14

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(1) in the case of a pesticide

(A) if it is adulterated or misbranded;

(B) if it is not registered pursuant to the provisions of section 4 of this Act;

(C) if it fails to hear on its label the informa

tion required by this Act;

(D) if it is not colored or discolored and if such coloring or discoloring is required under this Act;

(E) if any of the claims made for it or any of the directions for its use differ in substance from the representations made ir connection with its registration; or

(2) in the case of a device if it is misbranded.

(c)(d) If the pesticide or device is condemned it shall, after 16 entry of the decree, be disposed of by destruction or sale as 17 the court may direct and the proceeds, if sold, less the court 18 costs, shall be paid into the Treasury of the United States, 19 but the article shall not be sold contrary to the provisions of 20 this Act op of the laws of the jurisdiction in which it is sold: 21 Provided, That upon the payments of the costs of the con22 demnation proceedings and the execution and delivery of a 23 good and sufficient bond conditioned that the article shall not 24 be sold or otherwise disposed of contrary to the provisions of

35

1 the Act or the laws of any State in which sold, the court may 2 direct that such articles be delivered to the owner thereof.

3 The proceedings of such condemnation cases shall conform,

4

as near as quay be, to the proceedings in admiralty, except

5 that either party may demand trial by jury of any issue of

6 fact joined in any case, and all such proceedings shall be at 7 the suit of and in the name of the United States.

8(a)

When a decree of condemnation is entered against

9 the article, court costs and fees, storage, and other proper

10

expenses shall be awarded against the person, if any, inter

11 vening as claimant of the article.

12

B

PENALTIES

SEC. 8. (a) Any person who knowingly violates any 11 provision of this Act shall be guilty of a misdemeanor and 15 shall on conviction be fined not more than $25,000, or im16 prisoned for not more than one year, or both.

17

(b) Any person violating any provision of this Act 18 shall be liable to a civil penalty to the United States of a 19 sum which is not more than $10,000 for each such violation. 20 A request for assessment of such civil penalty shall be re21 ferred to the Attorney General for appropriate action if the 22 Administrator believes that action under this subsection in 23 lieu of action under subsection (a) of this section will effec24 tuate the purposes of this Act. Such civil penalty shall be

36

1 recoverable in a civil suit brought in the name of the United

2 States.

3

(c) When construing and enforcing the provisions of

4 this Act, the act, omission, or failure, of any officer, agent,

5

6

7

or other person acting for or employed by any person shall

in every case be also deemed to be the act, omission, or fail

ure of such perse as well as that of the person employed.

BOOKS AND RECORDS AND FACTORY INSPECTION AND

8

9

10

REGISTRATION

11

12

SEC. 9. (a) For the purposes of enforcing the provisions of this Act, any manufacturer, distributor, carrier, dealer, or any other person who sells or offers for sale, delivers, or 13 offers for delivery, or who receives or holds any pesticide 14 or device subject to this Act, shall, upon request of any 15 employee of the Environmental Protection Agency or any 16 employee of any State or political subdivision, duly desig17 nated by the Administrator, furnish or permit such person at 18 all reasonable times to have access to, and to copy all 19 records showing the delivery, movement, or holding of such 20 pesticide or device, including the quantity, the date of ship21 ment and receipt, and the name of the consignor and con22 signee; and in the event of the inability of any person 3123 to produce-records-containing such information, all other 24 records-and-information relating to such delivery, movement. 25 or holding of the pesticide device. Notwithstanding this

37

1 provision, however, the specific evidence obtained under 2 this section or any evidence which is directly or indirectly 3 derived from such evidence shall not be used in a criminal 4 proscention of the person from whom obtained. The records 5 and information referred to in this subsection shall not extend 6 to (A) financial data, (B) sales data other than shipment 7 data, (C) pricing data. (D) personnel data (other than S data as to the qualifications of technical and professional

9

personnel performing functions subject to this Act), and 10 (E) research data (other than data relating to registered 11 pesticides or to a pesticide for which an application for registration has been filed).

12

13

(b) Any person who on the date of enactment of this 14 subsection operates any establishment in any State engaged 15 in the manufacture, preparat,on, compounding, propagating, 16 or processing of any pesticide or device subject to this Act 17 shall, within one hundred and eighty days after such date, 18 apply to the Administrator for the registration of each such 19 establishment, giving his name and the address of each such 20 establishment operated by him. Any person who proposes 21 to begin operation of any such establishment after such date 22 shall, at least thirty days prior to beginning such operation, 23 similarly apply for registration with the Administrator. Each 24 establishment will be assigned an establishment number by 25 the Administrator at the time of registration.