103 "(B) any registered pesticide if any claims 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 24(c)(5); "(E) any pesticide which is adulterated or mis branded; 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 5 6 བ 7 8 104 ations with respect to the data earlier received, that the pesticide does not meet the requirements of section 3(c) (5) and within said 30 day period notifies the applicant for registration of his determination and of his reasons (including the factual basis therefor) pursuant to sec tion 3(c)(6). The reasons and factual basis shall include a statement of the new evidence or new evaluations which have prompted his determination. 9 After the notice to the applicant of his decision to register 10 has been sent in writing and received by the applicant and 11 published in the Federal Register, the Administrator shall 12 make available to the public all data except that which is not 13 subject to disclosure under subsection (c). The Administra14 tor shall, by regulation, designate those minor registration 15 actions, such as renewals or minor additions to present label 16 uses, which shall become effective immediately without a 30-day waiting period on notification to the applicant. "(c) DISCLOSURE. 17 18 "(1) The Administrator or any officer or employee of the Environmental Protection Agency or any committee referred to in subsection (d) of section 6 of this Act shall not disclose any information which constitutes a trade secret, any financial information which is privileged or confidential, or any commercial informa tion the disclosure of which may give a competitor a 105 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 man ner inconsistent with its labeling: “(II) 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, except as provided by section 6(a)(1); "(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 85-424 O 72 - 4 1 2 3 4 5 6 7 8 9 106 the owner of such data as to who received it and any person receiving such data shall be liable for its disclosure. "(2) Nothing contained in this section shall be deemed to require the release of any information de scribed by subsection (b) of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public. "(d) DISPUTES.-If the Administrator proposes to re10 lease for inspection information which the applicant or regis11 trant believes to be protected from disclosure under subsec 12 tion (c)(1), he shall notify the applicant or registrant, in 13 writing, by certified mail. The Administrator shall not there14 after make available for inspection such data until 30 days 15 after receipt of the notice by the applicant or registrant. Dur16 ing this period, the applicant or registrant may institute an 17 action in an appropriate district court for a declaratory 18 judgment as to whether such information is subject to pro19 tection under subsection (c)(1). 20 "SEC. 11. STANDARDS APPLICABLE TO PESTICIDE AP 21 222 PLICATORS. "(a) IN GENERAL.-No regulations prescribed by the 23 Administrator for carrying out the provisions of this Act shall 24 require any private applicator to maintain any records or 25 file any reports or other documents. 1 2 3 4 5 6 7 8 9 10 11 121 13 14 15 16 17 107 porting, delivering for shipment any pesticide or device, if such carrier upon request of any officer or employee duly designated by the Administrator shall permit such officer or employee to copy all of its records concerning such pesticide or device; "(3) any public official while engaged in the performance of his official duties; “(4) any person using or possessing any pesticide as provided by an experimental use permit in effect with respect to such pesticide and such use or possession; or “(5) any person who ships a substance or mixture of substances being put through tests in which the purpose is only to determine its value for pesticide purposes or to determine its toxicity or other properties and from which the user does not expect to receive any benefit in pest control from its use. 18 "SEC. 13. STOP SALE, USE, REMOVAL AND SEIZURE. 19 "(a) STOP SALE, ETC., ORDERS.-Whenever any pes 20 ticide or device is found by the Administrator in any State 21 and there is reason to believe on the basis of inspection or 22 tests that such pesticide or device is in violation of any of the 23 provisions of this Act, or that such pesticide or device has 24 been or is intended to be distributed or sold in violation of any 25 such provisions, or when the registration of the pesticide |