(a) Recordkeeping. Responsible persons and their agents are required to establish, keep, and make available to APHIS the following records:
(1) Records and reports required under § 340.5(i);
(2) Addresses and any other information (e.g., GPS coordinates, maps) needed to identify all locations where the organism under permit was stored or used, including all contained facilities and environmental release locations;
(3) A copy of the APHIS permit authorizing the permitted activity; and
(4) Legible copies of contracts (including amendments to contracts) between the responsible person and agents that conduct activities subject to this part for the responsible person, and copies of documents relating to agreements made without a written contract.
(b) Record retention. Records indicating that an organism under permit that was imported or moved interstate reached its intended destination must be retained for at least 2 years. All other records related to a permit must be retained for 5 years following the expiration of the permit, unless a longer retention period is determined to be needed by the Administrator and is documented in the supplemental permit conditions.
(c) Compliance and enforcement.
(1) Responsible persons and their agents must comply with all of the requirements of this part. Failure to comply with any of the requirements of this part may result in any or all of the following:
(i) Denial of a permit application or withdrawal of a permit in accordance with § 340.5(j);
(ii) Application of remedial measures in accordance with the Plant Protection Act (7 U.S.C. 7701 et seq.); and
(iii) Criminal and/or civil penalties in accordance with the Plant Protection Act (7 U.S.C. 7701 et seq.).
(2) Prior to the issuance of a complaint seeking a civil penalty, the Administrator may enter into a stipulation, in accordance with § 380.10 of this chapter.
(d) Liability for acts of an agent. For purposes of enforcing this part, the act, omission, or failure of any agent for a responsible person may be deemed also to be the act, omission, or failure of the responsible person.
(Approved by the Office of Management and Budget under control number 0579-0471)