7 U.S.C. § 136f : US Code - Section 136F: Books and records

Search 7 U.S.C. § 136f : US Code - Section 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 the Administrator determines are necessary for
the effective enforcement of this subchapter and to make the
records available for inspection and copying in the same manner as
provided in subsection (b) of this section. 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 subchapter,
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 subchapter, 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.