Page:United States Statutes at Large Volume 61 Part 1.djvu/192

 168 PUBLIC LAWS--CH. 125-JUNE 25, 1947 [61 STAT. that the composition of the article is such as to warrant the pro- posed claims for it and if the article and its labeling and other mate- rial required to be submitted comply with the requirements of section 3 of this Act, he shall register it. Noure to comlyf fit c. If it does not appear to the Secretary that the article is such Act. as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this Act, he shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fail to comply with the Act so as to afford the regis- trant an opportunity to make the corrections necessary. If, upon receipt of such notice, the registrant insists that such corrections are not necessary and requests in writing that it be registered, the Secretary shall register the article, under protest, and such regis- tration shall be accompanied by a warning, in writing, to the regis- trant of the apparent failure of the article to comply with the Cancnation of eg- provisions of this Act. In order to protect the public, the Secretary, on his own motion, may at any time, cancel the registration of an economic poison and in lieu thereof issue a registration under pro- test in accordance with the foregoing procedure. In no event shall registration of an article, whether or not protested, be construed as a defense for the commission of any offense prohibited under section 3 of this Act. Economic poison d. Notwithstanding any other provision of this Act, registration not requiring registra-t tion. is not required in the case of an economic poison shipped from one plant to another plant operated by the same person and used solely at such plant as a constituent part to make an economic poison which is registered under this Act. acellation at end e. The Secretary is authorized to cancel the registration of any of 5 years. economic poison at the end of a period of five years following the registration of such economic poison or at the end of any five-year period thereafter, unless the registrant, prior to the expiration of each such five-year period, requests in accordance with regulations issued by the Secretary that such registration be continued in effect. BOOKS AND RECORDS SEC. 5. For the purposes of enforcing the provisions of this Act, any manufacturer, distributor, carrier, dealer, or any other person who sells or offers for sale, delivers or offers for delivery, or who receives or holds any economic poison or device subject to this Act, shall, upon request of any employee of the United States Department of Agriculture or any employee of any State, Territory, or political subdivision, duly designated by the Secretary, furnish or permit such person at all reasonable times to have access to, and to copy all records showing the delivery, movement, or holding of such economic poison or device, including the quantity, the date of shipment and receipt and the name of the consignor and consignee; and in the event of the inability of any person to produce records containing such informa- tion, all other records and information relating to such delivery movement, or holding of the economic poison or device. Notwith- standing this provision, however, the specific evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained. Rules and regula- tions. ENFORCEMENT SEC. 6. a. The Secretary (except as otherwise provided in this section) is authorized to make rules and regulations for carrying out the provisions of this Act, including the collection and examination of samples of economic poisons and devices subject to this Act and the

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