1 39 when necessary to carry out the provisions of this Act, in2 formation relating to formulas of products acquired by au 3 thorization of this Act may be revealed to any Federal 4 agency consulted and may be revealed at a public hearing 5 or in findings of fact issued by the Administrator. 6 "SEC. 11. STANDARDS APPLICABLE TO PESTICIDE AP 7 8 PLICATORS. "(a) IN GENERAL.-No regulations prescribed by the 9 Administrator for carrying out the provisions of this Act shall 10 require any private pesticide applicator to maintain any rec11 ords or file any reports or other documents. 12 "(b) SEPARATE STANDARDS.-When establishing or 13 approving standards for licensing or certification, the Admin14 istrator shall establish separate standards for commercial and 15 private applicators. 16 17 18 19 20 21 22 23 24 25 "SEC. 12. UNLAWFUL ACTS. "(a) IN GENERAL.— "(1) Except as provided by subsection (b), it shall be unlawful for any person in any State to distribute, sell, offer for sale, hold for sale, ship, deliver for shipment, or receive and (having so received) deliver or offer to de liver, to any person "(A) any pesticide which is not registered under section 3; "(B) any registered pesticide if any claims 40 made for it as a part of its distribution or sale substantially differ from any claims made for it as a part of the statement required in connection with its registration under section 3; "(C) any registered pesticide the composition of which differs at the time of its distribution or sale from its composition as described in the state ment required in connection with its registration under section 3; "(D) any pesticide which has not been colored or discolored pursuant to the provisions of section 25 (c) (5); "(E) any pesticide which is adulterated or misbranded; or "(F) any device which is misbranded. "(2) It shall be unlawful for any person "(A) to detach, alter, deface, or destroy, in whole or in part, any labeling required under this Act; "(B) to refuse to keep any records required pursuant to section 8, or to refuse to allow the inspection of any records or establishment pursuant to section 8 or 9, or to refuse to allow an officer or employee of the Environmental Protection Agency 1 2 3 4 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 99 23 24 41 to take a sample of any pesticide pursuant to sec tion 9; "(C) to give a guaranty or undertaking provided for in subsection (b) which is false in any particular, except that a person who receives and relies upon a guaranty authorized under subsection (b) may give a guaranty to the same effect, which guaranty shall contain, in addition to his own name and address, the name and address of the person residing in the United States from whom he received the guaranty or undertaking; "(D) to use for his own advantage or to reveal, other than to the Administrator, or officials or employees of the Environmental Protection Agency or other Federal executive agencies, or to the courts, or to physicians, pharmacists, and other qualified persons, needing such information for the performance of their duties, in accordance with such directions as the Administrator may prescribe, any information acquired by authority of this Act which is confidential under this Act; "(E) who is a registrant, wholesaler, dealer, retailer, or other distributor to advertise a product registered under this Act for restricted usc without 42 giving the classification of the product assigned to it under section 3; "(F) to make available for use, or to use, any registered pesticide classified for restricted use for some or all purposes other than in accordance with section 3 (d) and any regulations thereunder; "(G) to use any registered pesticide in a manner inconsistent with its labeling; "(H) to use any pesticide which is under an experimental use permit contrary to the provisions of such permit; 13; "(I) to violate any order issued under section "(J) to violate any suspension order issued under section 6; "(K) to violate any cancellation of registration of a pesticide under section 6; "(L) who is a producer to violate any of the provisions of section 7; "(M) to knowingly falsify all or part of any application for registration, application for experimental use permit, any information submitted to the Administrator pursuant to section 7, any records required to be maintained pursuant to section 8, any report filed under this Act, or any informa 76-194 0-72 1 2 3 4 6 7 8 43 tion marked as confidential and submitted to the Administrator under any provision of this Act; "(N) who is a registrant, wholesaler, dealer, retailer, or other distributor to fail to file reports required by this Act; or "(0) to add any substance to, or take any substance from any pesticide in a manner that may defeat the purpose of this Act. 9 "(b) EXEMPTIONS.-The penalties provided for a vio10 lation of paragraph (1) of subsection (a) shall not apply "(1) any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom he purchased and received in good faith the pesticide in the same unbroken package, to the effect that the pesticide was lawfully registered at the time of sale and deliv ery to him, and that it complies with the other require ments of this Act, and in such case the guarantor shall be subject to the penalties which would otherwise attach to the person holding the guaranty under the provision provisions of this Act; "(2) any carrier while lawfully shipping, transporting, or delivering for shipment any pesticide or device, if such carrier upon request of any officer or |