1

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and address of any recipient of any pesticide produced in

any registered establishment which he operates.

3 "(d) CONFIDENTIAL RECORDS AND INFORMATION.— 4 Any information submitted to the Administrator pursuant 5 to subsection (c) shall be considered confidential and shall 6 be subject to the provisions of section 10.

7 "SEC. 8. BOOKS AND RECORDS.

8

"(a) REQUIREMENT.-The Administrator may pre

9 scribe regulations requiring producers to maintain such rec10 ords with respect to their operations and the pesticides and 11 devices produced as he determines are necessary for the ef12 fective enforcement of this Act. No records required under 13 this subsection shall extend to financial data, sales data other 14 than shipment data, pricing data, personnel data, and re15 search data (other than data relating to registered pesticides or to a pesticide for which an application for registration has 17 been filed).

16

18

"(b) INSPECTION.-For the purposes of enforcing the 19 provisions of this Act, any producer, distributor, carrier, 20 dealer, or any other person who sells or offers for sale, 21 delivers or offers for delivery any pesticide or device sub22 ject to this Act, shall, upon request of any officer or employee 23 of the Environmental Protection Agency or of any State or 24 political subdivision, duly designated by the Administrator, 25 furnish or permit such person at all reasonable times to have

35

1 access to, and to copy: (1) all records showing the delivery, 2 movement, or holding of such pesticide or device, including 3 the quantity, the date of shipment and receipt, and the name 4 of the consignor and consignee; or (2) in the event of the 5 inability of any person to produce records containing such in6 formation, all other records and information relating to such

7

delivery, movement, or holding of the pesticide or devices 8 device. Any inspection with respect to any records and infor9 mation referred to in this subsection shall not extend to 10 financial data, sales data other than shipment data, pricing 11 data, personnel data, and research data (other than data 12 relating to registered pesticides or to a pesticide for which an application for registration has been filed).

13

14

15

"SEC. 9. INSPECTION OF ESTABLISHMENTS, ETC.

"(a) IN GENERAL.-For purposes of enforcing the pro16 visions of this Act, officers or employees duly designated 17 by the Administrator are authorized

"(1) to enter, at reasonable times, any establishment; and

"(2) to inspect and obtain samples of any pesti

cides or devices, packaged, labeled, and released for

shipment, and samples of any containers or labeling for

such pesticides or devices.

24 Before undertaking such inspection, the officers or employees

25 must present to the owner, operator, or agent in charge of

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1 the establishment, appropriate credentials and a written 2 statement as to the reason for the inspection, including a 3 statement as to whether a violation of the law is suspected. 4 If no violation is suspected, an alternate and sufficient reason 5 shall be given in writing. Each such inspection shall be com6 menced and completed with reasonable promptness. If the 7 officer or employce obtains any samples, prior to leaving 8 the premises, he shall give to the owner, operator, or agent 9 in charge a receipt describing the samples obtained and, if 10 requested, a portion of each such sample equal in volume or 11 weight to the portion retained. If an analysis is made of such 12 samples, a copy of the results of such analysis shall be fur13 nished promptly to the owner, operator, or agent in charge. 14 "(b) WARRANTS.-For purposes of enforcing the pro15 visions of this Act and upon a showing to an officer or court 16 of competent jurisdiction that there is reason to believe that 17 the provisions of this Act have been violated, officers or 18 employees duly designated by the Administrator are em19 powered to obtain and to execute warrants authorizing— "(1) entry for the purpose of this section;

20

21

22

2 2 2 2 2

23

24

25

"(2) inspection and reproduction of all records

showing the quantity, date of shipment, and the name

of consignor and consignee of any illegal pesticide or device found in the establishment and in the event of the

inability of any person to produce records containing

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25

such information, all other records and information re

lating 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 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 16 section 14(b),

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8

9

10

11

12

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.

13 "SEC. 10. PROTECTION OF TRADE SECRETS AND OTHER

14

15

INFORMATION.

"(a) IN GENERAL.—In submitting data required by this 16 Act, the applicant may (1) clearly mark any portions there17 of which in his opinion are trade secrets or commercial or 18 financial information, and (2) submit such marked material 19 separately from other material required to be submitted 20 under this Act.

21

17

"(b) DISCLOSURE.-Notwithstanding any other provi22 sion of this Act, the Administrator shall not make public 23 information which in his judgment contains or relates to 24 trade secrets or commercial or financial information obtained 25 from a person and privileged or confidential, except that,