---
kind: "section"
citation: "7 U.S.C. § 136g"
title: "7"
title_heading: "Agriculture"
number: "136g"
heading: "Inspection of establishments, etc."
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/136g"
units:
  - "Chapter 6 — Insecticides and Environmental Pesticide Control"
  - "Subchapter II — Environmental Pesticide Control"
---

# §136g. Inspection of establishments, etc.

- (a) **In general—**
  - (1) For purposes of enforcing the provisions of this subchapter, officers or employees of the Environmental Protection Agency or of any [State](/usc/7/136.md?p=aa) duly designated by the [Administrator](/usc/7/136.md?p=b) are authorized to enter at reasonable times (A) any [establishment](/usc/7/136.md?p=dd) or other place where [pesticides](/usc/7/136.md?p=u) or [devices](/usc/7/136.md?p=h) are held for distribution or sale for the purpose of inspecting and obtaining samples of any [pesticides](/usc/7/136.md?p=u) or [devices](/usc/7/136.md?p=h), packaged, labeled, and released for shipment, and samples of any containers or [labeling](/usc/7/136.md?p=p-2) for such [pesticides](/usc/7/136.md?p=u) or [devices](/usc/7/136.md?p=h), or (B) any place where there is being held any [pesticide](/usc/7/136.md?p=u) the [registration](/usc/7/136.md?p=z) of which has been suspended or canceled for the purpose of determining compliance with [section 136q of this title](/usc/7/136q.md).
  - (2) Before undertaking such inspection, the officers or employees must present to the owner, operator, or agent in charge of the [establishment](/usc/7/136.md?p=dd) or other place where [pesticides](/usc/7/136.md?p=u) or [devices](/usc/7/136.md?p=h) are held for distribution or sale, appropriate credentials and a written statement as to the reason for the inspection, including a statement as to whether a violation of the law is suspected. If no violation is suspected, an alternate and sufficient reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness. If the officer or employee obtains any samples, prior to leaving the premises, the officer or employee shall give to the owner, operator, or agent in charge a receipt describing the samples obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If an analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.
- (b) **Warrants—** For purposes of enforcing the provisions of this subchapter and upon a showing to an officer or court of competent jurisdiction that there is reason to believe that the provisions of this subchapter have been violated, officers or employees duly designated by the [Administrator](/usc/7/136.md?p=b) are empowered to obtain and to execute warrants authorizing—
  - (1) entry, inspection, and copying of records for purposes of this section or [section 136f of this title](/usc/7/136f.md);
  - (2) inspection and reproduction of all rec­ords showing the quantity, date of shipment, and the name of consignor and consignee of any [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) found in the [establishment](/usc/7/136.md?p=dd) which is [adulterated](/usc/7/136.md?p=c), misbranded, not registered (in the case of a [pesticide](/usc/7/136.md?p=u)) or otherwise in violation of this subchapter and in the event of the inability of any [person](/usc/7/136.md?p=s) to [produce](/usc/7/136.md?p=w) records containing such information, all other records and information relating to such delivery, movement, or holding of the [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h); and
  - (3) the seizure of any [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) which is in violation of this subchapter.
- (c) **Enforcement—**
  - (1) **Certification of facts to Attorney General—** The examination of [pesticides](/usc/7/136.md?p=u) or [devices](/usc/7/136.md?p=h) shall be made in the Environmental Protection Agency or elsewhere as the [Administrator](/usc/7/136.md?p=b) may designate for the purpose of determining from such examinations whether they comply with the requirements of this subchapter. If it shall appear from any such examination that they fail to comply with the requirements of this subchapter, the [Administrator](/usc/7/136.md?p=b) shall cause notice to be given to the [person](/usc/7/136.md?p=s) against whom criminal or civil proceedings are contemplated. Any [person](/usc/7/136.md?p=s) so notified shall be given an opportunity to present the [person](/usc/7/136.md?p=s)’s views, either orally or in writing, with regard to such contemplated proceedings, and if in the opinion of the [Administrator](/usc/7/136.md?p=b) it appears that the provisions of this subchapter have been violated by such [person](/usc/7/136.md?p=s), then the [Administrator](/usc/7/136.md?p=b) shall certify the facts to the Attorney General, with a copy of the results of the analysis or the examination of such [pesticide](/usc/7/136.md?p=u) for the institution of a criminal proceeding pursuant to [section 136l(b)](/usc/7/136l.md?p=b) of this title or a civil proceeding under [section 136l(a)](/usc/7/136l.md?p=a) of this title, when the [Administrator](/usc/7/136.md?p=b) determines that such action will be sufficient to effectuate the purposes of this subchapter.
  - (2) **Notice not required—** The notice of contemplated proceedings and opportunity to present views set forth in this subsection are not prerequisites to the institution of any proceeding by the Attorney General.
  - (3) **Warning notices—** Nothing in this subchapter shall be construed as requiring the [Administrator](/usc/7/136.md?p=b) to institute proceedings for prosecution of minor violations of this subchapter whenever the [Administrator](/usc/7/136.md?p=b) believes that the public interest will be adequately served by a suitable written notice of warning.

## Source credit

(June 25, 1947, ch. 125, § 9, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 988; amended Pub. L. 100–532, title III, § 302, Oct. 25, 1988, 102 Stat. 2669; Pub. L. 102–237, title X, § 1006(b)(1), (3)(H), (I), Dec. 13, 1991, 105 Stat. 1895, 1896.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 9 of act June 25, 1947, was classified to section 135g of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516.

### Amendments

1991—Subsec. (a)(2). Pub. L. 102–237, § 1006(b)(3)(H), substituted “the officer or employee” for “he” before “shall” in fourth sentence.

Subsec. (c)(1). Pub. L. 102–237, § 1006(b)(3)(I), substituted “the person’s” for “his” in third sentence.

Subsec. (c)(3). Pub. L. 102–237, § 1006(b)(1), substituted “the Administrator” for “he” before “believes”.

1988—Subsec. (a). Pub. L. 100–532, § 302(a), substituted “(1) For purposes of” for “For purposes of”, inserted “of the Environmental Protection Agency or of any State”, substituted “at reasonable times (A)” for “at reasonable times,”, added cl. (B), and substituted “(2) Before” for “Before”.

Subsec. (b)(1). Pub. L. 100–532, § 302(b), amended par. (1) generally, substituting “entry, inspection, and copying of records for purposes of this section or section 136f of this title” for “entry for the purpose of this section”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100–532, set out as a note under section 136 of this title.

### Effective Date

For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title.