Indemnities
Don't show this message again
(a) General indemnification
(1) In generalExcept as otherwise provided in this section, if—
(A)
the Administrator notifies a registrant under section 136d(c)(1) of this title that the Administrator intends to suspend a registration or that an emergency order of suspension of a registration under section 136d(c)(3) of this title has been issued;
(B)
the registration in question is suspended under section 136d(c) of this title, and thereafter is canceled under section 136d(b), 136d(d), or 136d(f) of this title; 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) ExceptionParagraph (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 136a(c)(5) of this title for registration; and
(B)
continued thereafter to produce the pesticide without giving timely notice of such facts to the Administrator.
(3) ReportIf 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—
(A)
the action taken that requires the payment of indemnification;
(B)
the reasons for taking the action;
(C)
the estimated cost of the payment; and
(D)
a request for the appropriation of funds for the payment.