Page:United States Statutes at Large Volume 102 Part 3.djvu/718

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2670 Safety. Environmental protection.

Regulations.

PUBLIC LAW 100-532—OCT. 25, 1988 "(1) IN GENERAL.—If the registration of a pesticide has been suspended and canceled under section 6, and if the Administrator finds that recall of the pesticide is necessary to protect health or the environment, the Administrator shall order a recall of the pesticide in accordance with this subsection. "(2) VOLUNTARY RECALL.—If, after determining under paragraph (1) that a recall is necessary, the Administrator finds that voluntary recall by the registrant and others in the chain of distribution may be as safe and effective as a mandatory recall, the Administrator shall request the registrant of the pesticide to submit, within 60 days of the request, a plan for the voluntary recall of the pesticide. If such a plan is requested and submitted, the Administrator shall approve the plan and order the registrant to conduct the recall in accordance with the plan unless the Administrator determines, after an informal hearing, that the plan is inadequate to protect health or the environment. "(3) MANDATORY RECALL.—If, after determining under paragraph (1) that a recall is necessary, the Administrator does not request the submission of a plan under paragraph (2) or finds such a plan to be inadequate, the Administrator shall issue a regulation that prescribes a plan for the recall of the pesticide. A regulation issued under this paragraph may apply to any person who is or was a registrant, distributor, or seller of the pesticide, or any successor in interest to such a person. "(4) RECALL PROCEDURE.—A regulation issued under this subsection may require any person that is subject to the regulation to— "(A) arrange to make available one or more storage facilities to receive and store the pesticide to which the recall program applies, and inform the Administrator of the location of each such facility; "(B) accept and store at such a facility those existing stocks of such pesticide that are tendered by any other person who obtained the pesticide directly or indirectly from the person that is subject to such regulation; "(C) on the request of a person making such a tender, provide for proper transportation of the pesticide to a storage facility; and "(D) take such reasonable steps as the regulation may prescribe to inform persons who may be holders of the pesticide of the terms of the recall regulation and how those persons may tender the pesticide and arrange for transportation of the pesticide to a storage facility. "(5) CONTENTS OF RECALL PLAN.—A recall plan established under this subsection shall include— "(A) the level in the distribution chain to which the recall is to extend, and a schedule for recall; and "(B) the means to be used to verify the effectiveness of the recall. "(6) REQUIREMENTS OR PROCEDURES.—No requirement or procedure imposed in accordance with paragraph (2) of subsection (a) may require the recall of existing stocks of the pesticide except as provided by this subsection. "(c) STORAGE COSTS.— "(1) SUBMISSION OF PLAN.—A

registrant who wishes to become eligible for reimbursement of storage costs incurred as a result