[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR169.3]

[Page 207]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 169--BOOKS AND RECORDS OF PESTICIDE PRODUCTION AND DISTRIBUTION--Table 
of Contents
 
Sec. 169.3  Inspection.

    (a) Producers. Any producer of any pesticide, device, or active 
ingredient used in producing a pesticide which is subject to this Act 
shall, upon request of any officer or employee of the Agency or of any 
State or political subdivision, duly designated by the Administrator, 
furnish or permit such person at all reasonable times to have access to 
and to copy all records required to be maintained by this part, 
including records in the possession of an independent testing facility 
or laboratory which performed tests on behalf of the producer. Such 
inspection will be conducted in accordance with procedures detailed in 
section 8(b) of the Act.
    (b) Distributors, carriers, dealers, etc. Any distributor, carrier, 
dealer, or any other person who sells or offers for sale, delivers or 
offers for delivery any pesticide, device, or active ingredient used in 
producing a pesticide which is subject to this Act, shall, upon request 
of any officer or employee of the Agency or of any State or political 
subdivision, duly designated by the Administrator, furnish or permit 
such person at all reasonable times to have access to and copy all 
records showing the delivery or holding of such pesticide, device, or 
active ingredient used in producing a pesticide, including the quantity, 
the date of shipment and receipt, and the name and address of the 
consignor and consignee, and any guarantee received pursuant to section 
12(b)(1) of the Act.
    (c) Confidentiality. Any record which is subject to the regulations 
under this part, and which may be confidential, shall be treated in 
accordance with the provisions of section 10 of the Act. The 
availability to the public of information provided to, or otherwise 
obtained by, the Administrator under this part shall be governed by part 
2 of this chapter.
    (d) Inability. (1) In the event of the inability of any person to 
produce records containing the information required to be maintained, 
furnished for inspection, or given access to, all other records and 
information regarding the same shall be provided.
    (2) Where no such inability exists and any such person fails to give 
access to and permit copying of such records as required, such failure 
shall be deemed a refusal to keep records required or a refusal to allow 
the inspection of any such records or both.

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