Page:United States Statutes at Large Volume 86.djvu/1037

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[86 STAT. 995]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 995]

86 STAT. ]

PUBLIC LAW 92-516-OCT. 21, 1972

9!35

"SEC. 17. IMPORTS AND EXPORTS. "(a)

PESTICIDES AND DEVICES INTENDED FOR EXPORT.—Xotwith-

standing any other provision of this Act, no pesticide or device shall be deemed in violation of this Act when intended solely for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser, except that producers of such pesticides and devices shall be subject to section 8 of this Act. (b) CANCELLATION

NOTICES

FURNISHED

TO FOREIGN

GOVERN-

MENTS.—Whenever a registration, or a cancellation or suspension of the registration of a pesticide becomes effective, or ceases to be effective, the Administrator shall transmit through the State Department notification thereof to the governments of other countries and to appropriate inteniational agencies. " (c) IMPORTATION or PESTICIDES AND DEVICES.—The Secretary of

the Treasury shall notify the Administrator of the arrival of pesticides and devices and shall deliver to the Administrator, upon his request, samples of pesticides or devices which are being imported into the United States, giving notice to the owner or consignee, who may appear before the Administrator and have the right to introduce testimony. If it appears from the examination of a sample that it is adulterated, or misbranded or otherwise violates the provisions set forth in this Actj or is otherwise injurious to health or the environment, the pesticide or device may be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any pesticide or device refused delivery which shall not be exported by the consignee within 90 days from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: Provided, That the Secretary of the Treasury may deliver to the consignee such pesticide or device pending examination and decision in the matter on execution of bond for the amount of the full invoice value of such pesticide or device, together with the duty thereon, and on refusal to return such pesticide or device for any cause to the custody of the Secretary of the Treasury, Avheii demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of said bond: And frovided further, That all charges for storage, cartage, and labor on pesticides or devices which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee. "(d)

COOPERATION

I N INTERNATIONAL

EFFORTS.—The

r . •^

'.,

Adminis-

trator shall, in cooperation with the Department of State and any other appropriate Federal agency, participate and cooperate in any international efforts to develop improved pesticide research and regulations. "(e) REGULATIONS.—The Secretary of theTreasury, in consultation with the Administrator, shall prescribe regulations for the enforcement of subsection (c) of this section. "SEC. 18. EXEMPTION OF FEDERAL AGENCIES. "The Administrator may, at his discretion, exempt any Federal or State agency from any provision of this Act if he determines that emergency conditions exist which require such exemption. "SEC. 19. DISPOSAL AND TRANSPORTATION. " (a) PROCEDURES.—The Administrator shall, after consultation with Regulations. other interested Federal agencies, establish procedures and regula-