Page:United States Statutes at Large Volume 92 Part 1.djvu/887

 PUBLIC LAW 95-396—SEPT. 30, 1978

92 STAT. 833

" (4) DETERMINATION OF PENALTY.—In determining the amount of the penalty, the Administrator shall consider the appropriateness of such penalty to the size of the business of the person charged, the effect on the person's ability to continue in business, and the gravity of the violation. Whenever the Administrator finds that the violation occurred despite the exercise of due care or did not cause significant harm to health or the environment, the Administrator may issue a warning in lieu of assessing a penalty.". PESTICIDES AND DEVICES INTENDED FOR EXPORT

SEC. 18. (a) Section 17 of the Federal Insecticide, Fungicide, and Bodenticide Act is amended by— 7 USC 136o. (1) amending subsection (a) to read as follows: "(a)

PESTICIDES AND DEVICES INTENDED FOR EXPORT.—Notwith-

standing any other provision of this Act, no pesticide or device or active ingredient used in producing a pesticide intended solely for export to any foreign country shall be deemed in violation of this Act— "(1) when prepared or packed according to the specifications or directions of the foreign purchaser, except that producers of such pesticides and devices and active ingredients used in producing pesticides shall be subject to sections 2 (p), 2(q)(1)(A), (C), (D), (E), (G), and (H), 2(q)(2) (A), (B), (C)(i) and (iii), and (D), 7, and 8 of this Act; and "(2) in the case of any pesticide other than a pesticide registered under section 3 or sold under section 6(a)(1) of ' this Act, if, prior to export, the foreign purchaser has signed a statement acknowledging that the purchaser understands that such pesticide is not registered for use in the United States and cannot be sold in the United States under this Act. A copy of that statement shall be transmitted to an appropriate official of the government of the importing country."; and (2) adding at the end of subsection (b) the following: "Such notification shall, upon request, include all information related to the cancellation or suspension of the re^stration of the pesticide and information concerning other pesticides that are registered under section 3 of this Act and that could be used in lieu of such pesticide.", (b) The amendment made by subsection (a)(1) of this section shall become effective one hundred and eighty days after the date of enactment of this Act.

7 USC 136,136e, 136f. 7 USC 136a, 136d.

Notification,

Effective date. 7 USC 136o note.

DISPOSAL OF P E S T I C I D E S

SEC. 19. Section 19 of the Federal Insecticide, Fungicide, and Bodenticide Act is amended by adding at the end thereof a new sub- 7 USC 136q. section (c) as follows: "(c) PROVISIONS FOR UNUSED QUANTITIES.—Notification of cancellation of any pesticide shall include specific provisions for the disposal of the unused quantities of such pesticide.".

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