PUBLIC LAW 94-140—NOV. 28, 1975 SEC. 12. Section 3(c)(1)(D) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, is amended to read as follows: "(D) if requested by the Administrator, a full description of the tests made and the results thereof upon which the claims are based, except that data submitted on or after January 1, 1970, in support of an application shall not, without permission of the applicant, be considered by the Administrator in support of any other application for registration unless such other applicant shall have first offered to pay reasonable compensation for producing the test data to be relied upon and such data is not protected from disclosure by section 10(b). This provision with regard to compensation for producing the test data to be relied upon shall apply with respect to all applications for registration or reregistration submitted on or after October 21, 1972. If the parties cannot agree on the amount and method of payment, the Administrator shall make such determination and may fix such other ter-ms and conditions as may be reasonable under the circumstances. The Administrator's determination shall be made on the record after notice and opportunity for hearing. If either party does not agree with said determination, he may, within thirty days, take an appeal to the Federal district court for the district in which he resides with respect to either the amount of the payment or the terms of payment, or both. Registration shall not be delayed pending the determination of reasonable compensation between the applicants, by the Administrator or by the court.". Approved November 28, 1975.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-497 (Comm. on Agriculture) and No. 94-668 (Coram, of Conference). SENATE REPORT No. 94-452 (Coram, on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 121 (1975): Sept. 26, Oct. 3, 9, considered and passed House. Nov. 12, considered and passed Senate, araended. Nov. 18, House agreed to conference report. Nov. 19, Senate agreed to conference report.
89 STAT. 755
7 USC 136a. Test data.
7 USC 136h.
Notice and hearing. Appeal.
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