[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR169.3]



[Page 205-206]

 

                   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



[[Page 206]]



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.