Page:United States Statutes at Large Volume 86.djvu/1033

 86 STAT. ]

PUBLIC LAW 92-516-OCT. 21, 1972

" (L) who is a producer to violate any of the pro\isions of section 7; " (M) to knowingly falsify all or part of any api^lication 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 information 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; " (O) to add any substance to, or take any substance from, any pesticide in a manner that may defeat the purpose of this Act; or " (P) to use any pesticide in tests on human beings unless such human beings (i) are fully informed of the nature and purposes of the test and of any physical and mental health consequences which are reasonably foreseeable therefrom, and (ii) freely volunteer to participate in the test. " (b) EXEMPTIONS.—The penalties provided for a violation of paragraph (1) of subsection (a) shall not apply to— "(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 or 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 delivery to him, and that it complies with the other requirements 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 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 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. "SEC. 13. STOP SALE, USE, REMOVAL, AND SEIZURE. •'(a) STOP SALE, ETC., ORDERS.—Whenever any pesticide or device

is found by the Administrator in any State and there is reason to believe on the basis of inspection or tests that such pesticide or device is in violation of any of the provisions of this Act, or that such pesticide or device has been or is intended to be distributed or sold in violation of any such provisions, or when the registration of the pesticide lias been canceled by a final order or has been suspended, the Administrator may issue a written or printed 'stop sale, use, or removal' OT'der to any person who owns, controls, or has custody of such pesticide or device, and after receipt of such order no person shall sell, use, or

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