7 U.S.C. § 136i-1 : US Code - Section 136I-1: Pesticide recordkeeping

Search 7 U.S.C. § 136i-1 : US Code - Section 136I-1: Pesticide recordkeeping

(a) Requirements
(1) The Secretary of Agriculture, in consultation with the
Administrator of the Environmental Protection Agency, shall require
certified applicators of restricted use pesticides (of the type
described under section 136a(d)(1)(C) of this title) to maintain
records comparable to records maintained by commercial applicators
of pesticides in each State. If there is no State requirement for
the maintenance of records, such applicator shall maintain records
that contain the product name, amount, approximate date of
application, and location of application of each such pesticide
used for a 2-year period after such use.
(2) Within 30 days of a pesticide application, a commercial
certified applicator shall provide a copy of records maintained
under paragraph (1) to the person for whom such application was
provided.
(b) Access
Records maintained under subsection (a) of this section shall be
made available to any Federal or State agency that deals with
pesticide use or any health or environmental issue related to the
use of pesticides, on the request of such agency. Each such Federal
agency shall conduct surveys and record the data from individual
applicators to facilitate statistical analysis for environmental
and agronomic purposes, but in no case may a government agency
release data, including the location from which the data was
derived, that would directly or indirectly reveal the identity of
individual producers. In the case of Federal agencies, such access
to records maintained under subsection (a) of this section shall be
through the Secretary of Agriculture, or the Secretary's designee.
State agency requests for access to records maintained under
subsection (a) of this section shall be through the lead State
agency so designated by the State.
(c) Health care personnel
When a health professional determines that pesticide information
maintained under this section is necessary to provide medical
treatment or first aid to an individual who may have been exposed
to pesticides for which the information is maintained, upon request
persons required to maintain records under subsection (a) of this
section shall promptly provide record and available label
information to that health professional. In the case of an
emergency, such record information shall be provided immediately.
(d) Penalty
The Secretary of Agriculture shall be responsible for the
enforcement of subsections (a), (b), and (c) of this section. A
violation of such subsection shall - 
(1) in the case of the first offense, be subject to a fine of
not more than $500; and
(2) in the case of subsequent offenses, be subject to a fine of
not less than $1,000 for each violation, except that the penalty
shall be less than $1,000 if the Secretary determines that the
person made a good faith effort to comply with such subsection.
(e) Federal or State provisions
The requirements of this section shall not affect provisions of
other Federal or State laws.
(f) Surveys and reports
The Secretary of Agriculture and the Administrator of the
Environmental Protection Agency, shall survey the records
maintained under subsection (a) of this section to develop and
maintain a data base that is sufficient to enable the Secretary and
the Administrator to publish annual comprehensive reports
concerning agricultural and nonagricultural pesticide use. The
Secretary and Administrator shall enter into a memorandum of
understanding to define their respective responsibilities under
this subsection in order to avoid duplication of effort. Such
reports shall be transmitted to Congress not later than April 1 of
each year.
(g) Regulations
The Secretary of Agriculture and the Administrator of the
Environmental Protection Agency shall promulgate regulations on
their respective areas of responsibility implementing this section
within 180 days after November 28, 1990.