public official while engaged in the performance of the official duties of the public official;
(4) any person using or possessing any pesticide as provided by an experimental use permit in effect with respect to such pesticide and such use or possession; or
(5) any person who ships a substance or mixture of substances being put through tests in which the purpose is only to determine its value for pesticide purposes or to determine its toxicity or other properties and from which the user does not expect to receive any benefit in pest control from its use.
(June 25, 1947, ch. 125, § 12, as added Pub. L. 92-516, § 2, Oct. 21, 1972, 86 Stat. 989; amended Pub. L. 95-396, § 16, Sept. 30, 1978, 92 Stat. 832; Pub. L. 100-532, title VI, §§ 601(b)(2), 603, title VIII, § 801(g), (q)(2)(B), Oct. 25, 1988, 102 Stat. 2677, 2678, 2682, 2683; Pub. L. 102-237, title X, § 1006(a)(7), (b)(3)(L)-(O), Dec. 13, 1991, 105 Stat. 1895, 1896.)
Prior ProvisionsA prior section 12 of act June 25, 1947, was classified to section 135j of this title prior to amendment of act June 25, 1947, by Pub. L. 92-516.
Amendments1991 - Subsec. (a)(2)(C). Pub. L. 102-237, § 1006(b)(3)(L), substituted "the person's" for "his" and "the person" for "he" before "received".
Subsec. (a)(2)(D). Pub. L. 102-237, § 1006(b)(3)(M), substituted "the person's" for "his".
Subsec. (a)(2)(F). Pub. L. 102-237, § 1006(a)(7)(A), substituted "thereunder, except that it" for "thereunder. It".
Subsec. (a)(2)(O). Pub. L. 102-237, § 1006(a)(7)(B), struck out "or" after semicolon at end.
Subsec. (a)(2)(P). Pub. L. 102-237, § 1006(a)(7)(C), substituted a semicolon for period at end.
Subsec. (b)(1). Pub. L. 102-237, § 1006(b)(3)(N), substituted "the person" for "he" after "from whom" and for "him" after "delivery to".
Subsec. (b)(3). Pub. L. 102-237, § 1006(b)(3)(O), substituted "the official duties of the public official" for "his official duties".
1988 - Subsec. (a)(1). Pub. L. 100-532, § 601(b)(2)(A), in introductory provisions, substituted "distribute or sell to any person" for "distribute, sell, offer for sale, hold for sale, ship, deliver for shipment, or receive and (having so received) deliver or offer to deliver, to any person".
Subsec. (a)(1)(A). Pub. L. 100-532, § 603(1), added subpar. (A) and struck out former subpar. (A) which read as follows: "any pesticide which is not registered under section 136a of this title, except as provided by section 136d(a)(1) of this title;".
Subsec. (a)(2)(B). Pub. L. 100-532, § 603(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: "to refuse to keep any records required pursuant to section 136f of this title, or to refuse to allow inspection of any records or establishment pursuant to section 136f or 136g of this title, or to refuse to allow an officer or employee of the Environmental Protection Agency to take a sample of any pesticide pursuant to section 136g of this title;".
Subsec. (a)(2)(F). Pub. L. 100-532, §§ 601(b)(2)(B), 801(g), substituted "to distribute or sell, or to make" for "to make" and "thereunder, It" for