II 

117TH CONGRESS 

2D SESSION S. 4585 

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to modify 

the pesticide registration process, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2022 

Mr. MARSHALL introduced the following bill; which was read twice and 

referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Federal Insecticide, Fungicide, and 

Rodenticide Act to modify the pesticide registration process, 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 ‘‘EPA Transparency 

5 for Agriculture Products Act of 2022’’. 

6 SEC. 2. REGISTRATION REVIEW. 

7 Section 3 of the Federal Insecticide, Fungicide, and 

8 Rodenticide Act (7 U.S.C. 136a) is amended— 

9 (1) in subsection (g)— 

10 (A) in paragraph (1)(A)— 


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1 (i) by redesignating clauses (ii) 

2 through (v) as clauses (iii) through (vi), re3 spectively; 

4 (ii) in clause (i), by striking the clause 

5 designation and heading and all that fol6 lows through ‘‘The registrations’’ and in7 serting the following: 

8 ‘‘(i) DEFINITION OF NONVOLUNTARY.—In 

9 this subparagraph, the term ‘nonvoluntary’ 

10 means, with respect to an action of the Admin11 istrator as part of a registration review, that— 

12 ‘‘(I) the registrant has not provided 

13 unbiased consent to the action; or 

14 ‘‘(II) the registrant has provided con15 sent to the action, but the Environmental 

16 Protection Agency has placed undue influ17 ence on the registrant to obtain the con18 sent. 

19 ‘‘(ii) PERIODIC REVIEW.—The registra20 tions’’; 

21 (iii) in clause (v) (as so redesignated), 

22 by striking ‘‘clause (iii)’’ and inserting 

23 ‘‘clause (iv)’’; 

24 (iv) in clause (vi) (as so redesig25 nated)— 


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1 (I) by striking ‘‘No registration’’ 

2 and inserting the following: 

3 ‘‘(I) IN GENERAL.—No registration’’; 

4 and 

5 (II) by adding at the end the fol6 lowing: 

7 ‘‘(II) NONVOLUNTARY CANCELLA8 TION.—In the case of a nonvoluntary can9 cellation of a registration as a result of the 

10 registration review process, the Adminis11 trator, with the concurrence of the Sec12 retary of Agriculture, shall determine, 

13 prior to cancellation, whether there is a 

14 viable and affordable alternative to control 

15 the same target pest.’’; and 

16 (v) by adding at the end the following: 

17 ‘‘(vii) LOGICAL OUTGROWTH.—An interim 

18 or final decision issued as part of a registration 

19 review shall be a logical outgrowth of the appli20 cable proposed interim decision. 

21 ‘‘(viii) REVIEW REQUIREMENTS.— 

22 ‘‘(I) OMB REVIEW.—The Director of 

23 the Office of Management and Budget 

24 shall conduct an interagency review of any 

25 proposed interim, interim, or final registraVerDate Sep 11 2014 03:46 Jul 26, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4585.IS S4585

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1 tion decision regarding nonvoluntary, more 

2 restrictive changes to a pesticide label 

3 under a registration review. 

4 ‘‘(II) EFFECTIVE DATE.—An interim 

5 decision or final decision issued as part of 

6 a registration review regarding nonvol7 untary, more restrictive changes to a pes8 ticide label, including a revocation or can9 cellation of a registration, shall take effect 

10 1 year after the date on which the interim 

11 decision or final decision, as applicable, 

12 and any comments submitted by the Sec13 retary of Agriculture, are published in the 

14 Federal Register. 

15 ‘‘(III) GUIDANCE.—With respect to 

16 an interim or final decision that is subject 

17 to review under subclause (I), any guid18 ance and any interim guidance, including 

19 question and answer, shall be issued 7 

20 days after the date on which the decision 

21 is published in the Federal Register. 

22 ‘‘(IV) GOOD FAITH REVIEW.—The 

23 Administrator shall not deny a label or la24 beling proposed by a registrant as part of 


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1 a registration review without conducting a 

2 good faith review. 

3 ‘‘(V) REVIEW DEADLINES.— 

4 ‘‘(aa) LIMIT ON EXTENSIONS.— 

5 The Administrator shall not extend 

6 the deadline for the final review of the 

7 label or labeling proposed by a reg8 istrant as part of a registration review 

9 for more than 2 60-day extensions. 

10 ‘‘(bb) DEEMED APPROVAL.—If 

11 the Administrator fails to take action 

12 on the label or labeling proposed by a 

13 registrant as part of a registration re14 view before the final deadline estab15 lished in accordance with item (aa), 

16 the proposed label or labeling shall be 

17 deemed approved.’’; and 

18 (B) in paragraph (2), by adding at the end 

19 the following: 

20 ‘‘(C) AGRONOMIC USE DATA.—The Adminis21 trator shall base any decision issued as part of the 

22 registration review process on Department of Agri23 culture agronomic use data, commercially available 

24 agronomic use data, and industry agronomic use 

25 data.’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(i) JUDICIAL REVIEW.—The following shall apply to 

3 the judicial review of a registration: 

4 ‘‘(1) In issuing a decision that would result in 

5 more restrictive changes to a pesticide label, includ6 ing a revocation or cancellation of a registration, the 

7 court shall allow the continued use of the registra8 tion through the following growing season. 

9 ‘‘(2) Before issuing a decision that would result 

10 in more restrictive changes to a pesticide label, in11 cluding a revocation or cancellation of a registration, 

12 the court shall conduct a de novo review to deter13 mine whether there is a viable and affordable alter14 native to control the same target pest.’’. 

15 SEC. 3. SCIENTIFIC ADVISORY PANEL. 

16 Section 25(d)(1) of the Federal Insecticide, Fun17 gicide, and Rodenticide Act (7 U.S.C. 136w(d)(1)) is 

18 amended— 

19 (1) in the eighth sentence, by striking ‘‘12 

20 nominees, 6 nominated by the National Institutes of 

21 Health and 6 by the National Science Foundation,’’ 

22 and inserting ‘‘16 nominees, 6 of whom shall be 

23 nominated by the National Institutes of Health, 6 of 

24 whom shall be nominated by the National Science 

25 Foundation, and 4 of whom shall be nominated by 


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1 the Secretary of Agriculture (of whom 2 shall be 

2 representative of the conventional agricultural indus3 try and 2 shall be from agricultural land-grant uni4 versities and have a specialty in agronomy or crop 

5 production),’’; and 

6 (2) in the nineteenth sentence, by striking ‘‘the 

7 Environmental Research, Development, and Dem8 onstration Authorization Act of 1978.’’ and inserting 

9 ‘‘section 8 of the Environmental Research, Develop10 ment, and Demonstration Authorization Act of 1978 

11 (42 U.S.C. 4365).’’. 

12 SEC. 4. SCIENCE ADVISORY BOARD. 

13 Section 8(g) of the Environmental Research, Devel14 opment, and Demonstration Authorization Act of 1978 

15 (42 U.S.C. 4365(g)) is amended— 

16 (1) by striking ‘‘(g) In carrying’’ and inserting 

17 the following: 

18 ‘‘(g) CONSULTATION AND COORDINATION WITH SCI19 ENTIFIC ADVISORY PANEL.— 

20 ‘‘(1) IN GENERAL.—In carrying’’; 

21 (2) in paragraph (1) (as so designated), by 

22 striking ‘‘, as amended.’’ and inserting ‘‘(7 U.S.C. 

23 136w).’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(2) AGRICULTURE SCIENCE COMMITTEE.—The 

2 Agriculture Science Committee of the Board, in co3 ordination with the Chief Economist of the Depart4 ment of Agriculture, shall review any decision or ad5 vice issued by the Scientific Advisory Panel de6 scribed in paragraph (1)— 

7 ‘‘(A) to determine whether the decision or 

8 advice would have an economic impact of more 

9 than $100,000 on the agricultural industry; and 

10 ‘‘(B) if the decision or advice would have 

11 an economic impact of more than $100,000 on 

12 the agricultural industry, to consider and de13 scribe that economic impact.’’. 

Æ 


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