Page:United States Statutes at Large Volume 92 Part 1.djvu/886

 92 STAT. 832

Records.

PUBLIC LAW 95-396—SEPT. 30, 1978 distribution of pesticides in countries other than the United States or in addition to the United States or to any other person who intends to deliver such data to such foreign or multinational business or entity unless the applicant or registrant has consented to such disclosure. The Administrator shall require an affirmation from any person who intends to inspect data that such person does not seek access to the data for purposes of delivering it or offering it for sale to any such business or entity or its agents or employees and will not purposefully deliver or negligently cause the data to be delivered to such business or entity or its agents or employees. Notwithstanding any other provision of this subsection, the Administrator may disclose information to any person in connection with a public proceeding under law or regulation, subject to restrictions on the availability of information contained elsewhere in this Act^ which information is relevant to a determination by the Administrator with respect to whether a pesticide, or any ingredient of a pesticide, causes unreasonable adverse effects on health or the environment. "(2) The Administrator shall maintain records of the names of persons to whom data are disclosed under this subsection and the persons or organizations they represent and shall inform the applicant or registrant of the names and affiliations of such persons. "(3) Section 1001 of title 18 of the United States Code shall apply to any affirmation made under paragraph (1) of this subsection.". EXEMPTION FROM THE UNLAWFUL ACTS PROVISION

7 USC 136j.

SEC. 16. Section 12(a)(2) of the Federal Insecticide, Fungicide, and Eodenticide Act is amended by inserting immediately before the semicolon at the end of subparagraph (F) the following: ": Provided, That it shall not be unlawful to sell, under regulations issued by the Administrator, a restricted use pesticide to a person who is not a certified applicator for application by a certified applicator". CIVIL PENALTIES FOR CERTAIN APPLICATORS; PROCEDURE FOR DETERMINING THE AMOUNT OF CIVIL PENALTIES

7 USC 136/.

SEC. 17. Section 14(a) of the Federal Insecticide, Fungicide, and Eodenticide Act is amended by— (1) inserting immediately before the period at the end of paragraph (2) the following: ": Provided, That any applicator not included under paragraph (1) of this subsection who holds or applies registered pesticides, or use dilutions of registered pesticides, only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served, and who violates any provision of this Act may be assessed a civil penalty by the Administrator of not more than $500 for the first offense nor more than $1,000 for each subsequent offense"; (2) striking out the last sentence in paragraph (3); (3) redesignating paragraph (4) as paragraph (5); and (4) inserting after paragraph (3) a new paragraph (4) as follows:

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