Page:United States Statutes at Large Volume 102 Part 3.djvu/722

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2674

PUBLIC LAW 100-532—OCT. 25, 1988

"(g) NOTICE FOR STORED PESTICIDES WITH CANCELED OR SUSPENDED REGISTRATIONS.—

Business and industry. Commerce and trade.

"(1) IN GENERAL.—Any producer or exporter of pesticides, registrant of a pesticide, applicant for registration of a pesticide, applicant for or holder of an experimental use permit, commercial applicator, or any person who distributes or sells any pesticide, who possesses any pesticide which has had its registration canceled or suspended under this section shall notify the Administrator and appropriate State and local officials of— "(A) such possession, "(B) the quantity of such pesticide such person possesses, and "(C) the place at which such pesticide is stored. "(2) COPIES.—The Administrator shall transmit a copy of each notice submitted under this subsection to the regional office of the Environmental Protection Agency which has jurisdiction over the place of pesticide storage identified in the notice.".

TITLE V—INDEMNITIES Effective date.

SEC. 501. INDEMNITIES. (a) IN GENERAL.—Effective 180 days after the date of enactment of this Act, section 15 (7 U.S.C. 136m) is amended to read as follows: "SEC. 15. INDEMNITIES. "(a) GENERAL INDEMNIFICATION.—

"(1) IN GENERAL.—Except as otherwise provided in this section, if— "(A) the Administrator notifies a registrant under section 6(c)(1) that the Administrator intends to suspend a registration or that an emergency order of suspension of a registration under section 6(c)(3) has been issued; "(B) the registration in question is suspended under section 6(c), and thereafter is canceled under section 6(b), 6(d), or 6(f); and "(C) any person who owned any quantity of the pesticide immediately before the notice to the registrant under subparagraph (A) suffered losses by reason of suspension or cancellation of the registration; the Administrator shall make an indemnity payment to the person. "(2) EXCEPTION.—Paragraph (1) shall not apply if the Administrator finds that the person— "(A) had knowledge of facts that, in themselves, would have shown that the pesticide did not meet the requirements of section 3(c)(5) for registration; and "(B) continued thereafter to produce the pesticide without giving timely notice of such facts to the Administrator. "(3) REPORT.—If the Administrator takes an action under paragraph (1) that requires the payment of indemnification, the Administrator shall report to the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate on—