I 

114TH CONGRESS 

1ST SESSION H. R. 3710 

To amend the Plant Protection Act with respect to authorized uses of methyl 

bromide, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2015 

Mr. LAMALFA (for himself, Mr. COSTA, Mr. LUCAS, Mr. DENHAM, Mr. AUSTIN SCOTT of Georgia, Mr. ROONEY of Florida, Mr. DESJARLAIS, Mr. 

FINCHER, Mr. ROUZER, Mrs. ELLMERS of North Carolina, and Mr. 

YOHO) introduced the following bill; which was referred to the Committee 

on Agriculture 

A BILL 

To amend the Plant Protection Act with respect to 

authorized uses of methyl bromide, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Agriculture Pro5 duction Act of 2015’’. 

6 SEC. 2. METHYL BROMIDE. 

7 Section 419 of the Plant Protection Act (7 U.S.C. 

8 7719) is amended to read as follows: 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 3710 IH

1 ‘‘SEC. 419. METHYL BROMIDE. 

2 ‘‘(a) AUTHORIZATION.— 

3 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

4 and (3), a State, local, or tribal authority may au5 thorize the use of methyl bromide for a qualified use 

6 if the authority determines the use is required to re7 spond to an emergency event. The Secretary may 

8 authorize such a use if the Secretary determines 

9 such a use is required to respond to an emergency 

10 event. 

11 ‘‘(2) NOTIFICATION.—Not later than 5 days 

12 after the date on which a State, local, or tribal au13 thority makes the determination described in para14 graph (1), the State, local, or tribal authority in15 tending to authorize the use of methyl bromide for 

16 a qualified use shall submit to the Secretary a notifi17 cation that contains the information described in 

18 subsection (b). 

19 ‘‘(3) OBJECTION.—A State, local, or tribal au20 thority may not authorize the use of methyl bromide 

21 under paragraph (1) if the Secretary objects to such 

22 use under subsection (c) within the 5-day period 

23 specified in such subsection. 

24 ‘‘(b) NOTIFICATION CONTENTS.—A notification sub25 mitted under subsection (a)(2) by a State, local, or tribal 

26 authority shall contain— 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 3710 IH

1 ‘‘(1) a certification that the State, local, or trib2 al authority requires the use of methyl bromide to 

3 respond to an emergency event; 

4 ‘‘(2) a description of the emergency event and 

5 the economic loss that would result from such emer6 gency event; 

7 ‘‘(3) the identity and contact information for 

8 the responsible individual of the authority; and 

9 ‘‘(4) with respect to the qualified use of methyl 

10 bromide that is the subject of the notification— 

11 ‘‘(A) the specific location in which the 

12 methyl bromide is to be used and the total acre13 age of such location; 

14 ‘‘(B) the identity of the pest or pests to be 

15 controlled by such use; 

16 ‘‘(C) the total volume of methyl bromide to 

17 be used; and 

18 ‘‘(D) the anticipated date of such use. 

19 ‘‘(c) OBJECTION.— 

20 ‘‘(1) IN GENERAL.—The Secretary, not later 

21 than 5 days after the receipt of a notification sub22 mitted under paragraph (2) of subsection (a), may 

23 object to the authorization of the use of methyl bro24 mide under such subsection by a State, local, or trib25 al authority by sending the State, local, or tribal auVerDate Sep 11 2014 02:30 Oct 14, 2015 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3710.IH H3710

smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 3710 IH

1 thority a notification in writing of such objection 

2 that— 

3 ‘‘(A) states the reasons for such objection; 

4 and 

5 ‘‘(B) specifies any additional information 

6 that the Secretary would require to withdraw 

7 the objection. 

8 ‘‘(2) REASONS FOR OBJECTION.—The Secretary 

9 may object to an authorization described in para10 graph (1) if the Secretary determines that— 

11 ‘‘(A) the notification submitted under sub12 section (a)(2) does not— 

13 ‘‘(i) contain all of the information 

14 specified in paragraphs (1) through (4) of 

15 subsection (b); or 

16 ‘‘(ii) demonstrate the existence of an 

17 emergency event; or 

18 ‘‘(B) the qualified use specified in the noti19 fication does not comply with the limitations 

20 specified in subsection (e). 

21 ‘‘(3) WITHDRAWAL OF OBJECTION.—The Sec22 retary shall withdraw an objection under this sub23 section if— 

24 ‘‘(A) not later than 14 days after the date 

25 on which the Secretary sends the notification 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 3710 IH

1 under paragraph (1) to the State, local, or trib2 al authority involved, the State, local, or tribal 

3 authority submits to the Secretary the addi4 tional information specified in such notification; 

5 and 

6 ‘‘(B) such additional information is sub7 mitted to the satisfaction of the Secretary. 

8 ‘‘(4) EFFECT OF WITHDRAWAL.—Upon the 

9 issuance of a withdrawal under paragraph (3), the 

10 State, local, or tribal authority involved may author11 ize the use of methyl bromide for the qualified use 

12 specified in the notification submitted under sub13 section (a)(2). 

14 ‘‘(d) USE FOR EMERGENCY EVENTS CONSISTENT

15 WITH FIFRA.—The production, distribution, sale, ship16 ment, application, or use of a pesticide product containing 

17 methyl bromide in accordance with an authorization for 

18 a use under subsection (a) shall be deemed an authorized 

19 production, distribution, sale, shipment, application, or 

20 use of such product under the Federal Insecticide, Fun21 gicide, and Rodenticide Act, regardless of whether the in22 tended use is registered and included in the label approved 

23 for the product by the Administrator of the Environmental 

24 Protection Agency under such Act. 

25 ‘‘(e) LIMITATIONS ON USE.— 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 3710 IH

1 ‘‘(1) LIMITATIONS ON USE PER EMERGENCY

2 EVENT.—The amount of methyl bromide that may 

3 be used per emergency event at a specific location 

4 shall not exceed 20 metric tons. 

5 ‘‘(2) LIMITS ON AGGREGATE AMOUNT.—The 

6 aggregate amount of methyl bromide allowed pursu7 ant to this section for use in the United States in 

8 a calendar year shall not exceed the total amount 

9 authorized by the Parties to the Montreal Protocol 

10 pursuant to the Montreal Protocol process for crit11 ical uses in the United States in calendar year 2011. 

12 ‘‘(f) ENSURING ADEQUATE SUPPLY OF METHYL

13 BROMIDE.—Notwithstanding any other provision of law, 

14 it shall not be unlawful for any person or entity to produce 

15 or import methyl bromide, or otherwise supply methyl bro16 mide from inventories (produced or imported pursuant to 

17 the Clean Air Act for other purposes) in response to an 

18 emergency event in accordance with subsection (a). 

19 ‘‘(g) EXCLUSIVE AUTHORITY OF THE SECRETARY.— 

20 The Secretary shall have the exclusive Federal authority 

21 with respect to determining which species are considered 

22 quarantine pests (as defined in section 319.37–1 of title 

23 7, Code of Federal Regulations, as in effect on the date 

24 of the enactment of the Safe Agriculture Production Act 

25 of 2015). 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•HR 3710 IH

1 ‘‘(h) DEFINITIONS.— 

2 ‘‘(1) EMERGENCY EVENT.—The term ‘emer3 gency event’ means a situation— 

4 ‘‘(A) that occurs at a location on which a 

5 plant or commodity is grown or produced or a 

6 facility providing for the storage of, or other 

7 services with respect to, a plant or commodity; 

8 ‘‘(B) for which the lack of availability of 

9 methyl bromide for a particular use would re10 sult in significant economic loss to the owner, 

11 lessee, or operator of such a location or facility 

12 or the owner, grower, or purchaser of such a 

13 plant or commodity; and 

14 ‘‘(C) that, in light of the specific agricul15 tural, meteorological, or other conditions pre16 sented, requires the use of methyl bromide to 

17 control a pest or disease in such location or fa18 cility because there are no technically or eco19 nomically feasible alternatives to methyl bro20 mide easily accessible by an entity referred to 

21 in subparagraph (B) at the time and location of 

22 the event that— 

23 ‘‘(i) are registered under the Federal 

24 Insecticide, Fungicide, and Rodenticide Act 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•HR 3710 IH

1 (7 U.S.C. 136 et seq.) for the intended use 

2 or pest to be so controlled; and 

3 ‘‘(ii) would adequately control the pest 

4 or disease presented at such location or fa5 cility. 

6 ‘‘(2) PEST.—The term ‘pest’ has the meaning 

7 given such term in section 2 of the Federal Insecti8 cide, Fungicide, and Rodenticide Act (7 U.S.C. 

9 136). 

10 ‘‘(3) QUALIFIED USE.—The term ‘qualified use’ 

11 means, with respect to methyl bromide, a methyl 

12 bromide treatment or application in an amount not 

13 to exceed the limitations specified in subsection (e) 

14 in response to an emergency event.’’. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS