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135b of this title, or any economic poison if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of an economic poison differs from its composition as represented in connection with its registration: Provided, That in the discretion of the Administrator, a change in the labeling or formula of an economic poison may be made within a registration period without requiring reregistration of the product.

(2) Any economic poison unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container cannot be clearly read, a label bearing

(a) the name and address of the manufacturer, registrant, or person for whom manufactured;

(b) the name, brand, or trade-mark under which said article is sold;

(c) the net weight or measure of the content: Provided, That the Administrator may permit reasonable variations; and

(d) when required by regulation of the Administrator to effectuate the purposes of sections 135 to 135k of this title, the registration number assigned to the article under such sections.

(3) Any economic poison which contains any substance or substances in quantities highly toxic to man, determined as provided in section 135d of this title, unless the label shall bear, in addition to any other matter required by sections 135 to 135k of this title

(a) the skull and crossbones;

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(b) the word "poison" prominently RED) on a background of distinctly contrasting color; and

(c) a statement of an antidote for the economic poison.

(4) The economic poisons commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unless they have been distinctly colored or discolored as provided by regulations issued in accordance with sections 135 to 135k of this title, or any other white powder economic poison which the Administrator, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by regulation, require to be distinctly colored or discolored, unless it has been so colored or discolored: Provided, That the Administrator may exempt any economic poison to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health.

(5) Any economic poison which is adulterated or misbranded or any device which is misbranded.

(b) Notwithstanding any other provision of sections 135 to 135k of this title, no article shall be deemed in violation of said sections when intended solely for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser.

(c) It shall be unlawful—

(1) for any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in sections 135 to 135k of this title or the rules and regulations promulgated hereunder, or to add any substance to, or take any substance from, an economic poison in a manner that may defeat the purpose of said sections;

(2) for any manufacturer, distributor, dealer, carrier, or other person to refuse, upon a request in writing specifying the nature or kind of economic poison or device to which such request relates, to furnish to or permit any person designated by the Administrator to have access to and to copy such records as authorized by section 135c of this title;

(3) for any person to give a guaranty or undertaking provided for in section 135e of this title which is false in any particular, except that a person who receives and relies upon a guaranty authorized under section 135e of this title may give a guaranty to the same effect, which guaranty shall contain in addition to his own name and address the name and address of the person residing in the United States from whom he received the guaranty or undertaking; and

(4) for any person to use for his own advantage or to reveal, other than to the Administrator, or officials or employees of the Environmental Protection Agency, or other Federal agencies, or to the courts in response to a subpena, or to physicians, and in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, in accordance with such directions as the Administrator may prescribe, any information relative to formulas of products acquired by authority of section 135b of this title. (June 25, 1947, ch. 125, § 3, 61 Stat. 166; May 12, 1964, Pub. L. 88-305, §§ 2, 6, 78 Stat. 190, 193; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. .) CODIFICATION

"Environmental Protection Agency" was substituted for "Department of Agriculture" and "Administrator", meaning the Administrator of the Environmental Protection Agency was substituted for "Secretary", meaning the Secretary of Agriculture, pursuant to 1970 Reorg. Plan No. 3, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -, set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title].

AMENDMENTS

1964-Subsec. (a)(1). Pub. L. 88-305, § 6. substituted "is not registered" for "has not been registered." Subsec. (a) (2) (d). Pub. L. 88-305, § 2, added par. (2) (d).

EFFECTIVE DATE OF 1964 AMENDMENTS; TERMINATION OF CERTAIN EXISTING REGISTRATIONS UNDER PROTEST Amendment of subsec. (a)(1), (2) (d) of this section by Pub. L. 88-305 effective on May 12, 1964 and termination thereupon of certain existing registrations under protest, see section 7 of Pub. L. 88-305, set out as a note under section 135 of this title.

EFFECTIVE DATE OF NEMATOCIDE, PLANT REGULATOR, DEFOLIANT, AND DESICCANT AMENDMENT OF 1959 Different effective dates of section with respect to certain provisions, see section 3 of Pub. L. 86-139, Aug. 7, 1959, 73 Stat. 287, set out as a note under section 135 of this title.

EFFECTIVE DATE

Different effective dates of section with respect to certain provisions, see note set out under section 135 of this title.

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. —, set out in the Appendix to Title 5, Government Organization and Employees, transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title].

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F. R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

CROSS REFERENCES

Exemptions from penalties, see section 135e of this

title.

Poisons, authorization of Administrator to subject economic poisons to requirements of subsection (a) (4) of this section, see section 135d (a) (3) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 135b, 135d, 135e, 135f of this title.

§ 135b. Registration of economic poisons.

(a) General requirement; single economic poisons; supplement statements; filing and contents of statements.

Every economic poison which is distributed, sold, or offered for sale in any Territory or the District of Columbia, or which is shipped or delivered for shipment from any State, Territory, or the District of Columbia to any other State, Territory, or the District of Columbia, or which is received from any foreign country shall be registered with the Administrator: Provided, That products which have the same formula, are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same economic poison may be registered as a single economic poison; and additional names and labels shall be added by supplement statements; the applicant for registration shall file with the Administrator a statement including―

(1) the name and address of the applicant for registration and the name and address of the person whose name will appear on the label, if other than the applicant for registration;

(2) the name of the economic poison;

(3) a complete copy of the labeling accompanying the economic poison and a statement of all claims to be made for it, including the directions for use; and

(4) if requested by the Administrator, a full description of the tests made and the results thereof upon which the claims are based. (b) Submission of formula; registration by Administrator upon compliance with requirements. The Administrator, whenever he deems it necessary for the effective administration of sections 135 to 135k of this title, may require the submission of the complete formula of the economic poison. If it appears to the Administrator that the composition of the article is such as to warrant the proposed claims for it and if the article and its labeling and other material required to be submitted comply with the requirements of section 135a of this title, he shall register it.

(c) Notification of noncompliance with requirements; corrections; refusal, suspension or cancellation of registration by Administrator; effective date of cancellation; advisory committees and procedures; objections; public hearings; Administrator's orders; consultation with other agencies; confidential information; public hazard suspension; orders reviewable; defense of registration.

If it does not appear to the Administrator that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of sections 135 to 135k of this title, he shall notify the applicant for registration of the manner in which the article, labeling, or other material required to be submitted fail to comply with said sections so as to afford the applicant for registration an opportunity to make the corrections necessary. If, upon receipt of such notice, the applicant for registration does not make the corrections, the Administrator shall refuse to register the article. The Administrator, in accordance with the procedures specified herein, may suspend or cancel the registration of an economic poison whenever it does not appear that the article or its labeling or other material required to be submitted complies with the provisions of sections 135 to 135k of this title. Whenever the Administrator refuses registration of an economic poison or determines that registration of an economic poison should be canceled, he shall notify the applicant for registration or the registrant of his action and the reasons therefor. Whenever an application for registration is refused, the applicant, within thirty days after service of notice of such refusal, may file a petition requesting that the matter be referred to an advisory committee or file objections and request a public hearing in accordance with this section. A cancellation of registration shall be effective thirty days after service of the foregoing notice unless within such time the registrant (1) makes the necessary corrections; (2) files a petition requesting that the matter be referred to an advisory committee; or (3) files objections and requests a public hearing. Each advisory committee shall be composed of experts, qualified in the subject matter and of adequately diversified professional background selected by the National Academy of Sciences and shall include one or more representatives from land-grant colleges. The size of the committee shall be determined by the Administrator. Members of an advisory committee shall receive as compensation for their services a reasonable

per diem, which the Administrator shall by rules and regulations prescribe, for time actually spent in the work of the committee, and shall in addition be reimbursed for their necessary traveling and subsistence expenses while so serving away from their places of residence, all of which costs may be assessed against the petitioner, unless the committee shall recommend in favor of the petitioner or unless the matter was referred to the advisory committee by the Administrator. The members shall not be subject to any other provisions of law regarding the appointment and compensation of employees of the United States. The Administrator shall furnish the committee with adequate clerical and other assistance, and shall by rules and regulations prescribe the procedures to be followed by the committee. The Administrator shall forthwith submit to such committee the application for registration of the article and all relevant data before him. The petitioner, as well as representatives of the Environmental Protection Agency, shall have the right to consult with the advisory committee. As soon as practicable after any such submission, but not later than sixty days thereafter, unless extended by the Administrator for an additional sixty days, the committee shall, after independent study of the data submitted by the Administrator and all other pertinent information available to it, submit a report and recommendation to the Administrator as to the registration of the article, together with all underlying data and a statement of the reasons or basis for the recommendations. After due consideration of the views of the committee and all other data before him, the Administrator shall, within ninety days after receipt of the report and recommendations of the advisory committee, make his determination and issue an order, with findings of fact, with respect to registration of the article and notify the applicant for registration or registrant. The applicant for registration, or registrant, may, within sixty days from the date of the order of the Administrator, file objections thereto and request a public hearing thereon. In the event a hearing is requested, the Administrator shall, after due notice, hold such public hearing for the purpose of receiving evidence relevant and material to the issues raised by such objections. Any report, recommendations, underlying data, and reasons certified to the Administrator by an advisory committee shall be made a part of the record of the hearing, if relevant and material, subject to the provisions of section 1006 (c) of Title 5. The National Academy of Sciences shall designate a member of the advisory committee to appear and testify at any such hearing with respect to the report and recommendations of such committee upon request of the Administrator, the petitioner, or the officer conducting the hearing: Provided, That this shall not preclude any other member of the advisory committee from appearing and testifying at such hearing. As soon as practicable after completion of the hearing, but not later than ninety days, the Administrator shall evaluate the data and reports before him, act upon such objections and issue an order granting, denying, or canceling the registration or requiring modification of the claims or the labeling. Such order shall be based only on sub

stantial evidence of record at such hearing, including any report, recommendations, underlying data, and reason certified to the Administrator by an advisory committee, and shall set forth detailed findings of fact upon which the order is based. In connection with consideration of any registration or application for registration under this section, the Administrator may consult with any other Federal agency or with an advisory committee appointed as herein provided. Notwithstanding the provisions of section 135a (c) (4) of this title, information relative to formulas of products acquired by authority of this section may be revealed, when necessary under this section, to an advisory committee, or to any Federal agency consulted, or at a public hearing, or in findings of fact issued by the Administrator. All data submitted to an advisory committee in support of a petition under this section shall be considered confidential by such advisory committee: Provided, That this provision shall not be construed as prohibiting the use of such data by the committee in connection with its consultation with the petitioner or representatives of the Environmental Protection Agency, as provided for herein, and in connection with its report and recommendations to the Administrator. Notwithstanding any other provision of this section, the Administrator may, when he finds that such action is necessary to prevent an imminent hazard to the public, by order, suspend the registration of an economic poison immediately. In such case, he shall give the registrant prompt notice of such action and afford the registrant the opportunity to have the matter submitted to an advisory committee and for an expedited hearing under this section. Final orders of the Administrator under this section shall be subject to judicial review, in accordance with the provisions of subsection (d) of this section. In no event shall registration of an article be construed as a defense for the commission of any offense prohibited under section 135a of this title.

(d) Judicial review; court of appeals; persons entitled to appeal, petition, record, jurisdiction, conclusiveness of findings, additional evidence, modification of findings and orders; Supreme Court; stay of administrative orders; calendar.

In a case of actual controversy as to the validity of any order under this section, any person who will be adversely affected by such order may obtain judicial review by filing in the United States court of appeals for the circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit, within sixty days after the entry of such order, a petition praying that the order be set aside in whole or in part. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administrator, or any officer designated by him for that purpose, and thereupon the Administrator shall file in the court the record of the proceedings on which he based his order, as provided in section 2112 of Title 28. Upon the filing of such petition the court shall have exclusive jurisdiction to affirm or set aside the order complained of in whole or in part. The findings of the Administrator with respect to questions of fact shall be sustained if supported by substantial evidence when considered on

the record as a whole, including any report and recommendation of an advisory committee. If application is made to the court for leave to adduce additional evidence, the court may order such additional evidence to be taken before the Administrator, and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper, if such evidence is material and there were reasonable grounds for failure to adduce such evidence in the proceedings below. The Administrator may modify his findings as to the facts and order by reason of the additional evidence so taken, and shall file with the court such modified findings and order. The judgment of the court affirming or setting aside, in whole or in part, any order under this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of Title 18. The commencement of proceedings under this section shall not, unless specifically ordered by the court to the contrary, operate as a stay of an order. The court shall advance on the docket and expedite the disposition of all causes filed therein pursuant to this section.

(e) Shipments between single-ownership plants.

Notwithstanding any other provision of sections 135 to 135k of this title, registration is not required in the case of an economic poison shipped from one plant to another plant operated by the same person and used solely at such plant as a constituent part to make an economic poison which is registered under said sections.

(f) Time of cancellation and continuance of registration.

The Administrator is authorized to cancel the registration of any economic poison at the end of a period of five years following the registration of such economic poison or at the end of any five-year period thereafter, unless the registrant, prior to the expiration of each such five-year period, requests in accordance with regulations issued by the Administrator that such registration be continued in effect. (June 25, 1947, ch. 125, § 4, 61 Stat. 167; May 12, 1964, Pub. L. 88-305, §§ 3, 4, 78 Stat. 190-192; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -.)

REFERENCES IN TEXT

Section 1006 (c) of Title 5, referred to in subsec. (c), was repealed in the general revision of Title 5, and is now covered by section 556(b)-(e) of Title 5, Government Organization and Employees.

Review of the judgment of the court of appeals by the Supreme Court upon certiorari or certification, referred to in subsec. (d), refers to such review as is provided for in section 1254 of Title 28, Judiciary and Judicial Procedure.

CODIFICATION

"Environmental Protection Agency" was substituted for "Department of Agriculture" and "Administrator", meaning the Administrator of the Environmental Protection Agency was substituted for "Secretary", meaning the Secretary of Agriculture, pursuant to 1970 Reorg. Plan No. 3, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. —, set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of

1 So in original. Probably should read "Title 28."

Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title].

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-305, § 3. substituted "applicant for registration" for "registrant" in three in

stances.

Subsec. (c). Pub. L. 88-305, § 3, substituted in the first sentence relating to notification of noncompliance with requirements "applicant for registration" for "registrant" in two instances and substituted provisions respecting refusal, suspension or cancellation of registration by Secretary, notification of action and statement of reasons, effective data of cancellation, advisory committees and advisory committee procedures, objections and public hearings, Secretary's orders, consultation with Federal agencies or advisory committee, formula information and confidential data, imminent public hazard suspension, and reviewable orders for former provisions for registration under protest.

Subsec. (d). Pub. L. 88-305, § 4, added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 88-305, § 4, redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 88-305, § 4, redesignated former subsec. (e) as (f).

EFFECTIVE DATE OF 1964 AMENDMENT; TERMINATION OF CERTAIN EXISTING REGISTRATIONS, UNDER PROTEST Amendment of subsec. (a), (c)—(f) of this section by Pub. L. 88-305 effective on May 12, 1964 and termination thereupon of certain existing registrations under protest, see section 7 of Pub. L. 88-305, set out as a note under section 135 of this title.

EFFECTIVE DATE

Section effective June 25, 1947, see note set out under section 135 of this title.

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2 (a) (8) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees, transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title].

INDEMNIFICATION FOR BEEKEEPERS Section 804 of Pub. L. 91-524, title VIII, Nov. 30, 1970, 84 Stat. 1382, provided that:

"(a) The Secretary of Agriculture is authorized to make indemnity payments to beekeepers who through no fault of their own have suffered losses of honey bees after January 1, 1967, as a result of utilization of economic poisons near or adjacent to the property on which the beehives of such beekeepers were located.

"(b) The amount of the indemnity payment in the case of any beekeeper shall be determined on the basis of the net loss sustained by such beekeeper as a result of the loss of his honey bees.

"(c) Indemnity payments shall be made only in cases in which the loss occurred as a result of the use of economic poisons which had been registered and approved for use by the Federal Government.

"(d) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

"(e) The Secretary is authorized to issue such regulations as he deems necessary to carry out the purposes of

this section.

"(f) The provisions of this section shall not be in effect after December 31, 1973."

CROSS REFERENCES

Penalties, see section 135f of this title.

Seizures of poisons or devices not registered pursuant to provisions of this section, see section 135g of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 135a, 1351, 135g of this title.

§ 135c. Books and records; access and inspection; use in criminal prosecution.

For the purposes of enforcing the provisions of sections 135 to 135k of this title, any manufacturer, distributor, carrier, dealer, or any other person who sells or offers for sale, delivers or offers for delivery, or who receives or holds any economic poison or device subject to said sections, shall, upon request of any employee of the Environmental Protection Agency or any employee of any State, Territory, 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 showing the delivery, movement, or holding of such economic poison or device, including the quantity, the date of shipment and receipt, and the name of the consignor and consignee; and in the event of the inability of any person to produce records containing such information, all other records and information relating to such delivery, movement, or holding of the economic poison or device. Notwithstanding this provision, however, the specific evidence obtained under this section, or any evidence which is directly or indirectly derived from such evidence, shall not be used in a criminal prosecution of the person from whom obtained. (June 25, 1947, ch. 125, § 5, 61 Stat. 168; Oct. 15, 1970, Pub. L. 91-452, title II, § 204, 84 Stat. 928; 1970 Reorg. Plan No. 3, § 2(a) (8) (i), Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -.)

CODIFICATION

"Environmental Protection Agency" was substituted for "United States Department of Agriculture" and "Administrator", meaning the Administrator of the Environmental Protection Agency was substituted for "Secretary", meaning the Secretary of Agriculture, pursuant to 1970 Reorg. Plan No. 3, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title].

AMENDMENTS

1970-Pub. L. 91-452 added ", or any evidence which is directly or indirectly derived from such evidence," following "this section".

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-452 effective on the sixtieth day following the date of enactment of Pub. L. 91-452, which was approved Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as a note under section 6001 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE

Section effective June 25, 1947, see note set out under section 135 of this title.

SAVINGS PROVISION

Amendment by Pub. L. 91-452 not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as a note under section 6001 of Title 18, Crimes and Criminal Procedure.

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (8) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. - set out in the Appendix to Title 5, Government Organization and Employees, transferred to the Administrator of the Environmental Protection Agency the functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecti

cide, Fungicide, and Rodenticide Act [sections 135 to 135k of this title].

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F. R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

CROSS REFERENCES

Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure.

Prohibited acts, refusal of request to furnish, or allow access or copying of records as authorized by this section unlawful, see section 135a (c) (2) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 135a of this title.

§ 135d. Rules and regulations; examination of economic poisons or devices; notification to violators: certification to United States attorney; duty of attorney; publication of judgments.

(a) The Administrator (except as otherwise provided in this section) is authorized to make rules and regulations for carrying out the provisions of sections 135 to 135k of this title, including the collection and examination of samples of economic poisons and devices subject to said sections and the determination and establishment of suitable names to be used in the ingredient statement. The Administrator is, in addition, authorized after opportunity for hearing

(1) to declare a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles, or substances;

(2) to determine economic poisons, and quantities of substances contained in economic poisons, which are highly toxic to man; and

(3) to determine standards of coloring or discoloring for economic poisons, and to subject economic poisons to the requirements of section 135a (a) (4) of this title.

(b) The Secretary of the Treasury and the Administrator shall jointly prescribe regulations for the enforcement of section 135h of this title.

(c) The examination of economic poisons or devices shall be made in the Environmental Protection Agency or elsewhere as the Administrator may designate for the purpose of determining from such examination whether they comply with the requirements of sections 135 to 135k of this title, and if it shall appear from any such examination that they fail to comply with the requirements of said sections, the Administrator shall cause notice to be given to the person against whom criminal proceedings are contemplated. Any person so notified shall be given an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings, and if in the opinion of the Administrator it appears that the provisions of said sections have been violated by such person, then the Administrator shall certify the facts to the proper United States attorney, with a copy of the results of the analysis or the examination of such article: Provided, That nothing in said sections shall be construed as requiring the Administrator to report for prosecution or for the institution of libel proceedings minor violations of said sections whenever he believes that the public interest will be adequately served by a suitable written notice of warning.

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