II 

116TH CONGRESS 

2D SESSION S. 4406 

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

protect the safety of children and the environment, to remove dangerous 

pesticides from use, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 4, 2020 

Mr. UDALL (for himself, Ms. WARREN, Mr. BOOKER, and Mr. SANDERS) 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 fully protect the safety of children 

and the environment, to remove dangerous pesticides 

from use, 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 ‘‘Protect America’s Chil5 dren from Toxic Pesticides Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) the Environmental Protection Agency (re2 ferred to in this section as the ‘‘EPA’’) regularly 

3 fails to incorporate updated scientific understanding 

4 to protect human health and the environment from 

5 the harmful effects of pesticide products, as envi6 sioned by the Federal Insecticide, Fungicide, and 

7 Rodenticide Act (7 U.S.C. 136 et seq.), resulting in 

8 the use of billions of pounds of pesticides every year 

9 that were approved based on outdated science; 

10 (2) the United States lags behind the European 

11 Union and other developed nations in protecting its 

12 people and its environment from toxic chemicals, al13 lowing the use of 72 pesticides that have been 

14 banned or are being phased out in the European 

15 Union alone; 

16 (3) the EPA registers nearly 65 percent of pes17 ticides through conditional registrations and fre18 quently waives requirements to extend the use of 

19 conditional registrations prior to completion of com20 prehensive registration; 

21 (4) the EPA permits the continued sale of po22 tentially dangerous stocks of pesticides after reg23 istration has been canceled or suspended; 

24 (5) the EPA uses emergency exemptions to 

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1 dergoing a comprehensive registration process that 

2 would ensure the safe use of the pesticides; 

3 (6) the EPA is prohibited from requiring the 

4 disclosure of inert ingredients, even though inert in5 gredients can account for 99 percent of a pesticide 

6 product and include carcinogenic and toxic chemi7 cals; 

8 (7) the International Agency for Research on 

9 Cancer, the specialized cancer agency of the World 

10 Health Organization, has assessed and ranked the 

11 carcinogenicity of hundreds of pesticides to ensure 

12 that the most up-to-date, rigorous scientific informa13 tion is used to inform the world of the risks of pes14 ticides; 

15 (8) scientists have repeatedly linked exposure to 

16 organophosphate pesticides to neurodevelopmental 

17 damage in children; 

18 (9) the United States Fish and Wildlife Service 

19 and the National Marine Fisheries Service have de20 termined that organophosphate pesticides jeopardize 

21 the survival of 97 percent of endangered species; 

22 (10) neonicotinoid pesticides are contributing to 

23 the rapid decline of pollinators and the deterioration 

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1 havior and increased susceptibility to viruses, dis2 eases, and parasites; 

3 (11) exposure to paraquat— 

4 (A) causes heart failure, kidney failure, 

5 liver failure, lung scarring, and damage to brain 

6 cells; and 

7 (B) greatly increases the risk of developing 

8 Parkinson’s disease; 

9 (12) local communities have been blocked by 

10 States from enacting pesticide restrictions to protect 

11 people and environment from toxic chemicals; and 

12 (13) farmworkers are— 

13 (A) disproportionately exposed to and 

14 harmed by pesticide use; and 

15 (B) afforded inadequate safeguards and 

16 far less protection than industrial workers. 

17 SEC. 3. ENDING INDEFINITE DELAYS ON REVIEW OF DAN18 GEROUS PESTICIDES. 

19 (a) DEFINITIONS.— 

20 (1) IN GENERAL.—Section 2 of the Federal In21 secticide, Fungicide, and Rodenticide Act (7 U.S.C. 

22 136) is amended— 

23 (A) by striking subsection (z) and inserting 

24 the following: 


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1 ‘‘(z) REGISTRATION.—The term ‘registration’ means 

2 the approval of an active ingredient or pesticide product 

3 under this Act— 

4 ‘‘(1) that has not previously been registered 

5 under this Act; or 

6 ‘‘(2) for a crop or use for which the active in7 gredient or pesticide has not previously been reg8 istered under this Act.’’; 

9 (B) by redesignating subsections (aa) 

10 through (oo) as subsections (bb) through (pp), 

11 respectively; and 

12 (C) by inserting after subsection (z) the 

13 following: 

14 ‘‘(aa) REGISTRATION REVIEW DETERMINATION.— 

15 ‘‘(1) IN GENERAL.—The term ‘registration re16 view determination’ means the final decision to 

17 renew the registration of a pesticide product or ac18 tive ingredient to authorize the use of the pesticide 

19 product or active ingredient— 

20 ‘‘(A) for an additional 15-year period from 

21 the date of the previous registration, reregistra22 tion, or registration review determination, as 

23 applicable; and 

24 ‘‘(B) in compliance with all applicable laws 

25 and regulations. 


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1 ‘‘(2) EXCLUSION.—The term ‘registration re2 view determination’ does not include any interim de3 termination regarding the continued use of a pes4 ticide product or active ingredient by the Adminis5 trator.’’. 

6 (2) CONFORMING AMENDMENTS.— 

7 (A) Section 2(e)(1) of the Federal Insecti8 cide, Fungicide, and Rodenticide Act (7 U.S.C. 

9 136(e)(1)) is amended by striking ‘‘subsection 

10 (ee)’’ and inserting ‘‘subsection (ff)’’. 

11 (B) Section 3(h)(3)(E) of the Federal In12 secticide, Fungicide, and Rodenticide Act (7 

13 U.S.C. 136a(h)(3)(E)) is amended by striking 

14 ‘‘section 2(mm)’’ and inserting ‘‘section 2(nn)’’. 

15 (C) Section 33(b)(3) of the Federal Insec16 ticide, Fungicide, and Rodenticide Act (7 

17 U.S.C. 136w–8(b)(3)) is amended— 

18 (i) by striking ‘‘§2(mm)’’ each place it 

19 appears and inserting ‘‘section 2(nn)’’; and 

20 (ii) by striking ‘‘Section 2(ll)(2)’’ and 

21 inserting ‘‘section 2(mm)(2)’’. 

22 (b) SUSPENSION OF DANGEROUS PESTICIDES ON

23 FAILURE TO COMPLETE REGISTRATION REVIEW ON

24 TIME.—Section 4 of the Federal Insecticide, Fungicide, 


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1 and Rodenticide Act (7 U.S.C. 136a–1) is amended by 

2 adding at the end the following: 

3 ‘‘(o) SUSPENSION OF DANGEROUS PESTICIDES ON

4 FAILURE TO COMPLETE REGISTRATION REVIEW ON

5 TIME.— 

6 ‘‘(1) DEFINITION OF DANGEROUS PESTICIDE.— 

7 In this subsection, the term ‘dangerous pesticide’ 

8 means an active ingredient or pesticide product that 

9 may— 

10 ‘‘(A) be carcinogenic; 

11 ‘‘(B) be acutely toxic; 

12 ‘‘(C) be an endocrine disruptor; 

13 ‘‘(D) cause harm to a pregnant woman or 

14 a fetus; or 

15 ‘‘(E) cause neurological or developmental 

16 harm. 

17 ‘‘(2) PETITIONS TO DESIGNATE DANGEROUS

18 PESTICIDES.— 

19 ‘‘(A) IN GENERAL.—An interested person 

20 may submit a petition under section 553(e) of 

21 title 5, United States Code, to designate an ac22 tive ingredient or pesticide product as a dan23 gerous pesticide under this subsection. 

24 ‘‘(B) REVIEW.—On receipt of a petition 

25 under subparagraph (A), the Administrator 


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1 shall review the petitions submitted by inter2 ested persons under that subparagraph relating 

3 to that active ingredient or pesticide product to 

4 determine if the active ingredient or pesticide 

5 product may warrant designation as a dan6 gerous pesticide. 

7 ‘‘(3) INITIAL FINDINGS.— 

8 ‘‘(A) IN GENERAL.—Not later than 90 

9 days after the receipt of a petition described in 

10 paragraph (2)(A), the Administrator shall make 

11 a finding as to whether the petition presents 

12 substantial scientific information indicating that 

13 the designation of the petitioned active ingre14 dient or pesticide product as a dangerous pes15 ticide may be warranted. 

16 ‘‘(B) FAILURE TO REVIEW PETITION.—If 

17 the Administrator fails make a finding on a pe18 tition by the date required under subparagraph 

19 (A), the active ingredient or pesticide product 

20 that is the subject of the petition shall be 

21 deemed to be a dangerous pesticide. 

22 ‘‘(C) FULL CONSIDERATION OF ALL

23 SCIENCE.— 

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1 stantial scientific information that an ac2 tive ingredient or pesticide product may 

3 warrant designation as a dangerous pes4 ticide under subparagraph (A), the Admin5 istrator shall fully consider all relevant— 

6 ‘‘(I) epidemiological studies or in7 formation; 

8 ‘‘(II) peer-reviewed literature; 

9 and 

10 ‘‘(III) information or data pro11 vided by a Federal or State agency. 

12 ‘‘(ii) REQUIREMENT.—The Adminis13 trator shall not discount or ignore informa14 tion provided in a petition described in 

15 paragraph (2)(A) based on any criteria 

16 under part 152 or 160 of title 40, Code of 

17 Federal Regulations (or successor regula18 tions), or any rule issued by the Adminis19 trator under docket number EPA–HQ– 

20 OA–2018–0259. 

21 ‘‘(4) SUSPENSIONS OF PESTICIDE.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding any 

23 other provision of law, on a finding under para24 graph (3)(A) that an active ingredient or pes25 ticide product may warrant designation as a 


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1 dangerous pesticide, or on operation of para2 graph (3)(B), the Administrator shall imme3 diately suspend the registration of the active in4 gredient or pesticide product if a valid rereg5 istration eligibility decision or registration re6 view determination has not been made regard7 ing the active ingredient or pesticide product 

8 during the 15-year period ending on the date of 

9 that finding or operation. 

10 ‘‘(B) DURATION.—The registration of an 

11 active ingredient or pesticide product suspended 

12 under subparagraph (A) shall remain suspended 

13 until such time as the Administrator makes a 

14 registration review determination in accordance 

15 with this section. 

16 ‘‘(5) EXISTING STOCKS.—In accordance with 

17 section 6(a)(1), the Administrator shall not permit 

18 the continued sale and use of existing stocks of an 

19 active ingredient or pesticide product the registra20 tion of which has been suspended under paragraph 

21 (4). 

22 ‘‘(6) CANCELLATION.—Notwithstanding any 

23 other provision of law, including section 6(b), if the 

24 Administrator fails to suspend the registration of an 

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1 rant designation as a dangerous pesticide as re2 quired by this subsection by not later than 60 days 

3 after any deadline described in this subsection— 

4 ‘‘(A) the registration of the active ingre5 dient or pesticide product shall be immediately 

6 and permanently canceled by operation of law 

7 and without any further proceedings; and 

8 ‘‘(B) in accordance with section 6(a)(1), 

9 the sale of existing stocks of the active ingre10 dient or pesticide product shall be prohibited. 

11 ‘‘(7) CITIZEN SUITS.— 

12 ‘‘(A) IN GENERAL.—Any person may bring 

13 a civil action against the Administrator where 

14 there is an alleged failure of the Administrator 

15 to comply with any provision of this subsection. 

16 ‘‘(B) REVIEWABILITY.—An action under 

17 subparagraph (A) shall be reviewable in the dis18 trict courts of the United States pursuant to 

19 section 16(a). 

20 ‘‘(8) INAPPLICABILITY OF IREDS.—Notwith21 standing any other provision of law, an interim reg22 istration review decision or any other interim deter23 mination with respect to an active ingredient or pes24 ticide product shall have no force or effect regarding 

25 any requirement of this subsection.’’. 


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1 SEC. 4. EMERGENCY REVIEW OF PESTICIDES BANNED IN 

2 OTHER NATIONS. 

3 Section 6 of the Federal Insecticide, Fungicide, and 

4 Rodenticide Act (7 U.S.C. 136d) is amended by adding 

5 at the end the following: 

6 ‘‘(i) SUSPENSION AND EXPEDITED REVIEW OF

7 BANNED PESTICIDES.— 

8 ‘‘(1) SUSPENSION OF BANNED PESTICIDES.— 

9 The Administrator shall immediately suspend the 

10 registration of any active ingredient or pesticide 

11 product that is— 

12 ‘‘(A) banned or otherwise prohibited from 

13 entering the market by the European Union, 1 

14 or more countries in the European Union, or 

15 Canada; and 

16 ‘‘(B) registered for use within the United 

17 States. 

18 ‘‘(2) EXPEDITED REVIEW.— 

19 ‘‘(A) IN GENERAL.—The Administrator 

20 shall complete an expedited review of the jus21 tification and rationale for the ban of a pes22 ticide by the European Union or a country de23 scribed in paragraph (1)(A). 

24 ‘‘(B) NOTICE AND COMMENT.—In carrying 

25 out an expedited review with respect to each 

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1 trator shall provide notice and an opportunity 

2 for public comment. 

3 ‘‘(3) CANCELLATION.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding any 

5 other provision of law, including subsection (b), 

6 if the Administrator determines after a review 

7 under paragraph (2) that the pesticide under 

8 review may be dangerous in accordance with 

9 subparagraph (B), the registration that is sus10 pended shall be canceled not later than 2 years 

11 after the date of completion of the review. 

12 ‘‘(B) DETERMINATION OF DANGEROUS

13 PESTICIDE.—The Administrator shall determine 

14 that a pesticide under review under paragraph 

15 (2) may be dangerous if substantial information 

16 indicates that the pesticide may— 

17 ‘‘(i) be carcinogenic; 

18 ‘‘(ii) be acutely toxic; 

19 ‘‘(iii) be an endocrine disruptor; 

20 ‘‘(iv) cause harm to a pregnant 

21 woman or a fetus; or 

22 ‘‘(v) cause neurological or develop23 mental harm. 

24 ‘‘(C) FULL CONSIDERATION OF

25 SCIENCE.— 


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1 ‘‘(i) IN GENERAL.—In determining 

2 whether a pesticide under review under 

3 paragraph (2) may be dangerous, the Ad4 ministrator shall consider relevant evi5 dence, including— 

6 ‘‘(I) epidemiological data; 

7 ‘‘(II) peer-reviewed literature; 

8 and 

9 ‘‘(III) data generated by a State 

10 or Federal agency or an agency of a 

11 foreign government. 

12 ‘‘(ii) TREATMENT OF INFORMA13 TION.—Notwithstanding any requirements 

14 or criteria under parts 152 and 160 of title 

15 40, Code of Federal Regulations (or suc16 cessor regulations), or any rule issued by 

17 the Administrator under docket number 

18 EPA–HQ–OA–2018–0259, the Adminis19 trator shall not discount, otherwise ignore, 

20 or give disproportionately more or less 

21 weight to evidence described in clause (i). 

22 ‘‘(D) CONSIDERATION OF ECONOMIC COST

23 PROHIBITED.—In determining whether a pes24 ticide under review under paragraph (2) may be 

25 dangerous, the Administrator shall not consider 


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1 any economic analysis of the benefits or costs of 

2 continuing to register the pesticide. 

3 ‘‘(E) PUBLIC COMMENT.—Prior to making 

4 a final determination under subparagraph (A), 

5 the Administrator shall provide a draft deter6 mination for not less than 90 days of public 

7 comment. 

8 ‘‘(4) CITIZEN SUITS.— 

9 ‘‘(A) IN GENERAL.—Any person may bring 

10 a civil action against the Administrator where 

11 there is an alleged failure of the Administrator 

12 to comply with any provision of this subsection. 

13 ‘‘(B) REVIEWABILITY.—An action under 

14 subparagraph (A) shall be reviewable in the dis15 trict courts of the United States pursuant to 

16 section 16(a).’’. 

17 SEC. 5. ENSURING ACCOUNTABILITY IN CONDITIONAL REG18 ISTRATIONS. 

19 (a) IN GENERAL.—Section 3(c)(7) of the Federal In20 secticide, Fungicide, and Rodenticide Act (7 U.S.C. 

21 136a(c)(7)) is amended by striking subparagraph (C) and 

22 inserting the following: 

23 ‘‘(C) TIME LIMITS ON CONDITIONAL REG24 ISTRATIONS.— 


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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 any other provision of this subsection or 

3 section 6(e), the Administrator shall pro4 vide not longer than 2 years for the terms 

5 and requirements of any conditional reg6 istration under this paragraph to be met 

7 by the registrant. 

8 ‘‘(ii) CANCELLATION.—The Adminis9 trator shall cancel a conditional registra10 tion under this paragraph unless the reg11 istrant fully complies with all conditions by 

12 the earlier of— 

13 ‘‘(I) all deadlines established by 

14 the Administrator; and 

15 ‘‘(II) 2 years after the effective 

16 date of the conditional registration. 

17 ‘‘(iii) EXISTING CONDITIONAL REG18 ISTRATIONS.—Notwithstanding any other 

19 provision of law, as of the date of enact20 ment of this clause, each outstanding con21 ditional registration under this paragraph 

22 for which the registrant has not fulfilled all 

23 conditions of the conditional registration 

24 shall be canceled. 

25 ‘‘(iv) REPORTS.— 


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1 ‘‘(I) IN GENERAL.—Not later 

2 than December 31 of each calendar 

3 year, the Administrator shall submit 

4 to Congress an annual report describ5 ing the total number of conditional 

6 registrations under this paragraph 

7 that were registered during the imme8 diately preceding fiscal year. 

9 ‘‘(II) CONTENTS.—A report 

10 under subclause (I) shall include a de11 scription of— 

12 ‘‘(aa) each conditionally reg13 istered pesticide and the condi14 tions imposed, including any 

15 modification of those conditions; 

16 and 

17 ‘‘(bb) the quantity produced 

18 of each pesticide described in 

19 item (aa).’’. 

20 (b) CONFORMING AMENDMENT.—Section 6(e) of the 

21 Federal Insecticide, Fungicide, and Rodenticide Act (7 

22 U.S.C. 136d(e)) is amended— 

23 (1) in paragraph (1), by striking the last sen24 tence and inserting ‘‘The Administrator shall not 

25 permit the continued sale and use of existing stocks 


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1 of a pesticide the conditional registration of which 

2 has been canceled.’’; and 

3 (2) in paragraph (2), in the third sentence, by 

4 striking ‘‘, and whether the Administrator’s deter5 mination with respect to the disposition of existing 

6 stocks is consistent with this Act’’. 

7 SEC. 6. PROHIBITION ON THE SALE OR USE OF EXISTING 

8 STOCKS OF SUSPENDED OR CANCELED PES9 TICIDES. 

10 Section 6(a) of the Federal Insecticide, Fungicide, 

11 and Rodenticide Act (7 U.S.C. 136d(a)) is amended by 

12 striking the subsection designation and heading and all 

13 that follows through the period at the end of paragraph 

14 (1) and inserting the following: 

15 ‘‘(a) PROHIBITION ON THE SALE OR USE OF EXIST16 ING STOCKS; INFORMATION.— 

17 ‘‘(1) EXISTING STOCKS.—The Administrator 

18 shall not permit the continued sale or use of existing 

19 stocks of a pesticide the registration of which is sus20 pended or canceled under this section or section 3 or 

21 4.’’. 

22 SEC. 7. ENDING ABUSE OF EMERGENCY EXEMPTIONS. 

23 Section 18 of the Federal Insecticide, Fungicide, and 

24 Rodenticide Act (7 U.S.C. 136p) is amended— 


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1 (1) in the first sentence, by striking ‘‘The Ad2 ministrator’’ and inserting the following: 

3 ‘‘(a) IN GENERAL.—The Administrator’’; 

4 (2) in subsection (a) (as so designated), in the 

5 second sentence, by striking ‘‘The Administrator’’ 

6 and inserting the following: 

7 ‘‘(b) CONSULTATION.—The Administrator’’; and 

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

9 ‘‘(c) LIMITATIONS ON EMERGENCY EXEMPTIONS.— 

10 Notwithstanding any other provision of law, the Adminis11 trator shall not grant an emergency exemption under sub12 section (a) for the same active ingredient or pesticide 

13 product in the same location for more than 2 years in any 

14 10-year period. 

15 ‘‘(d) RESTRICTIONS ON UNREGISTERED PES16 TICIDES.—The Administrator shall not grant an emer17 gency exemption under subsection (a) to use an active in18 gredient or pesticide product that is not registered under 

19 section 3 for any use. 

20 ‘‘(e) RESTRICTIONS ON CONDITIONAL PESTICIDES.— 

21 The Administrator shall not grant an emergency exemp22 tion under subsection (a) for any active ingredient or pes23 ticide product that is registered conditionally under sec24 tion 3(c)(7)(A).’’. 


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1 SEC. 8. ADDING TRANSPARENCY FOR INERT INGREDIENTS. 

2 (a) DEFINITION OF INGREDIENT STATEMENT.—Sec3 tion 2(n) of the Federal Insecticide, Fungicide, and 

4 Rodenticide Act (7 U.S.C. 136(n)) is amended— 

5 (1) by redesignating paragraph (2) as para6 graph (4); and 

7 (2) by striking paragraph (1) and inserting the 

8 following: 

9 ‘‘(1) the name and percentage of each active in10 gredient in the pesticide product; 

11 ‘‘(2) the name and percentage of each inert in12 gredient in the pesticide product; 

13 ‘‘(3) if applicable, a statement that the pesticide 

14 product contains an inert ingredient determined by 

15 a State or Federal agency to be likely— 

16 ‘‘(A) to be carcinogenic; 

17 ‘‘(B) to be an endocrine disruptor; 

18 ‘‘(C) to be highly toxic; 

19 ‘‘(D) to cause harm to pregnant women or 

20 fetuses; or 

21 ‘‘(E) to cause neurological or develop22 mental harm; and’’. 

23 (b) COMPLETE LIST OF INERT INGREDIENTS.—Sec24 tion 3(c)(9) of the Federal Insecticide, Fungicide, and 

25 Rodenticide Act (7 U.S.C. 136a(c)(9)) is amended by add26 ing at the end the following: 


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1 ‘‘(E) COMPLETE LIST OF INERT INGREDI2 ENTS.—Notwithstanding any other provision of 

3 law, the label or labeling required under this 

4 Act shall provide a complete list of inert ingre5 dients.’’. 

6 (c) CONFORMING AMENDMENT.—Section 10(d) of 

7 the Federal Insecticide, Fungicide, and Rodenticide Act 

8 (7 U.S.C. 136h(d)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (A), by adding ‘‘or’’ 

11 at the end; 

12 (B) in subparagraph (B), by striking ‘‘or’’ 

13 at the end; and 

14 (C) by striking subparagraph (C); and 

15 (2) in paragraph (3), by striking ‘‘clause (A), 

16 (B), or (C)’’ each place it appears and inserting 

17 ‘‘subparagraph (A) or (B)’’. 

18 SEC. 9. CANCELLATION OF REGISTRATION OF 

19 ORGANOPHOSPHATES. 

20 Section 6 of the Federal Insecticide, Fungicide, and 

21 Rodenticide Act (7 U.S.C. 136d) (as amended by section 

22 4) is amended by adding at the end the following: 

23 ‘‘(j) CANCELLATION OF REGISTRATION OF

24 ORGANOPHOSPHATE PESTICIDES.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) CANCELLATION.—Effective on the 

2 date of enactment of this subsection— 

3 ‘‘(i) all pesticides of the class 

4 organophosphate shall be deemed to gen5 erally cause unreasonable adverse effects to 

6 humans; and 

7 ‘‘(ii) notwithstanding any other provi8 sion of law, including subsection (b), the 

9 registration of all uses of pesticides of the 

10 class organophosphate shall be immediately 

11 and permanently canceled by operation of 

12 law and without further proceedings. 

13 ‘‘(B) REVOCATION OF TOLERANCES AND

14 EXEMPTIONS.—Not later than 6 months after 

15 the date of enactment of this subsection, the 

16 Administrator shall, in accordance with section 

17 408(b)(1)(B) of the Federal Food, Drug, and 

18 Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), re19 voke any tolerance or exemption that allows the 

20 presence of an organophosphate, or any pes21 ticide chemical residue that results from 

22 organophosphate use, in or on food. 

23 ‘‘(2) SALE OF EXISTING STOCKS PROHIB24 ITED.—In accordance with subsection (a)(1), effec25 tive on the date of enactment of this subsection, the 


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1 continued sale or use of existing stocks of pesticides 

2 of the class organophosphate shall be prohibited. 

3 ‘‘(3) NO FUTURE ORGANOPHOSPHATE REG4 ISTRATIONS.—Effective on the date of enactment of 

5 this subsection, the Administrator may not register 

6 any pesticide of the class organophosphate under 

7 section 4. 

8 ‘‘(4) INELIGIBILITY FOR EMERGENCY USE.— 

9 Notwithstanding any other provision of law, a pes10 ticide canceled under this subsection shall not be eli11 gible for use under section 18.’’. 

12 SEC. 10. CANCELLATION OF REGISTRATION OF 

13 NEONICOTINOIDS. 

14 Section 6 of the Federal Insecticide, Fungicide, and 

15 Rodenticide Act (7 U.S.C. 136d) (as amended by section 

16 9) is amended by adding at the end the following: 

17 ‘‘(k) CANCELLATION OF REGISTRATION OF

18 NEONICOTINOID PESTICIDES.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) CANCELLATION.—Effective on the 

21 date of enactment of this subsection— 

22 ‘‘(i) all active ingredients and pes23 ticide products containing 1 or more of the 

24 active ingredients imidacloprid, 

25 clothianidin, thiamethoxam, dinotefuran, 


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1 acetamiprid, sulfoxaflor, and 

2 flupyradifurone (referred to in this sub3 section as ‘neonicotinoid pesticides’) shall 

4 be deemed to generally cause unreasonable 

5 adverse effects to the environment; and 

6 ‘‘(ii) notwithstanding any other provi7 sion of law, including subsection (b), the 

8 registration of all uses of neonicotinoid 

9 pesticides shall be immediately and perma10 nently canceled by operation of law and 

11 without further proceedings. 

12 ‘‘(B) REVOCATION OF TOLERANCES AND

13 EXEMPTIONS.—Not later than 6 months after 

14 the date of enactment of this subsection, the 

15 Administrator shall, in accordance with section 

16 408(b)(1)(B) of the Federal Food, Drug, and 

17 Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), re18 voke any tolerance or exemption that allows the 

19 presence of a neonicotinoid pesticide, or any 

20 pesticide chemical residue that results from 

21 neonicotinoid pesticide use, in or on food. 

22 ‘‘(2) SALE OF EXISTING STOCKS PROHIB23 ITED.—In accordance with subsection (a)(1), effec24 tive on the date of enactment of this subsection, the 


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1 continued sale or use of existing stocks of 

2 neonicotinoid pesticides shall be prohibited. 

3 ‘‘(3) NO FUTURE NEONICOTINOID REGISTRA4 TIONS.—Effective on the date of enactment of this 

5 subsection, the Administrator may not register any 

6 neonicotinoid pesticide under section 4. 

7 ‘‘(4) INELIGIBILITY FOR EMERGENCY USE.— 

8 Notwithstanding any other provision of law, a pes9 ticide canceled under this section shall not be eligible 

10 for use under section 18.’’. 

11 SEC. 11. CANCELLATION OF REGISTRATION OF PARAQUAT. 

12 Section 6 of the Federal Insecticide, Fungicide, and 

13 Rodenticide Act (7 U.S.C. 136d) (as amended by section 

14 10) is amended by adding at the end the following: 

15 ‘‘(l) CANCELLATION OF REGISTRATION OF

16 PARAQUAT.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) CANCELLATION.—Effective on the 

19 date of enactment of this subsection— 

20 ‘‘(i) paraquat shall be deemed to gen21 erally cause unreasonable adverse effects to 

22 humans; and 

23 ‘‘(ii) notwithstanding any other provi24 sion of law, including subsection (b), the 

25 registration of all uses of paraquat shall be 


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1 immediately and permanently canceled by 

2 operation of law and without further pro3 ceedings. 

4 ‘‘(B) REVOCATION OF TOLERANCES AND

5 EXEMPTIONS.—Not later than 6 months after 

6 the date of enactment of this subsection, the 

7 Administrator shall, in accordance with section 

8 408(b)(1)(B) of the Federal Food, Drug, and 

9 Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), re10 voke any tolerance or exemption that allows the 

11 presence of paraquat, or any pesticide chemical 

12 residue that results from paraquat use, in or on 

13 food. 

14 ‘‘(2) SALE OF EXISTING STOCKS PROHIB15 ITED.—In accordance with subsection (a)(1), effec16 tive on the date of enactment of this subsection, the 

17 continued sale or use of existing stocks of paraquat 

18 shall be prohibited. 

19 ‘‘(3) NO FUTURE PARAQUAT REGISTRATIONS.— 

20 Effective on the date of enactment of this sub21 section, the Administrator may not register any 

22 paraquat pesticide under section 4. 

23 ‘‘(4) INELIGIBILITY FOR EMERGENCY USE.— 

24 Notwithstanding any other provision of law, a pesVerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406

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1 ticide canceled under this section shall not be eligible 

2 for use under section 18.’’. 

3 SEC. 12. EMPOWERING COMMUNITIES TO PROTECT THEM4 SELVES FROM PESTICIDES. 

5 (a) IN GENERAL.—Section 24 of the Federal Insecti6 cide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) by inserting ‘‘, or any political subdivi10 sion of a State,’’ after ‘‘A State’’; and 

11 (B) by inserting ‘‘or political subdivision’’ 

12 after ‘‘the State’’; 

13 (2) by striking subsection (b); and 

14 (3) by redesignating subsection (c) as sub15 section (b). 

16 (b) CONFORMING AMENDMENT.—Section 3(c)(5) of 

17 the Federal Insecticide, Fungicide, and Rodenticide Act 

18 (7 U.S.C. 136a(c)(5)) is amended, in the fourth sentence 

19 of the undesignated matter following subparagraph (D), 

20 by striking ‘‘24(c) of this Act’’ and inserting ‘‘24(b)’’. 

21 SEC. 13. PROTECTING FARMWORKERS FROM DANGEROUS 

22 PESTICIDES. 

23 (a) LANGUAGE REQUIREMENTS FOR PESTICIDE

24 PRODUCTS.—Section 3(c)(9) of the Federal Insecticide, 

25 Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(9)) (as 


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1 amended by section 8(b)) is amended by adding at the 

2 end the following: 

3 ‘‘(F) LANGUAGE REQUIREMENTS FOR PES4 TICIDE PRODUCTS.— 

5 ‘‘(i) IN GENERAL.—The label for any 

6 pesticide product shall be printed in both 

7 English and Spanish. 

8 ‘‘(ii) OTHER LANGUAGES.—In a case 

9 in which information exists that a pesticide 

10 product is used in agriculture by more 

11 than 500 individual persons or applicators 

12 who speak the same language other than 

13 English or Spanish, the Administrator 

14 shall provide a translation of that label in 

15 the language used by those individuals on 

16 the website of the Environmental Protec17 tion Agency. 

18 ‘‘(iii) EDUCATIONAL INFORMATION.— 

19 The Administrator shall provide edu20 cational information to ensure that all 

21 users of a pesticide product are aware that 

22 information is available in alternate lan23 guages.’’. 


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1 (b) FARMWORKER SAFETY.—The Federal Insecti2 cide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 

3 seq.) is amended by adding at the end the following: 

4 ‘‘SEC. 36. FARMWORKER SAFETY. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) FARMWORKER.—The term ‘farmworker’ 

7 means an individual of any age that is employed in 

8 agriculture, including as a pesticide user or appli9 cator, for any length of time, including migrant and 

10 seasonal employees, regardless of classification as a 

11 full-time, part-time, or contract employee. 

12 ‘‘(2) FARMWORKER INCIDENT.—The term 

13 ‘farmworker incident’ means exposure of a farm14 worker to an active ingredient, a pesticide product, 

15 a tank mixture of multiple pesticides, a metabolite, 

16 or a degradate that results in— 

17 ‘‘(A) an illness or injury— 

18 ‘‘(i) requiring medical attention or 

19 hospitalization of the farmworker; or 

20 ‘‘(ii) that requires the farmworker to 

21 stop working temporarily or permanently; 

22 ‘‘(B) a permanent disability or loss in 

23 function of the farmworker; or 

24 ‘‘(C) death of the farmworker. 

25 ‘‘(b) MANDATORY DUTY TO REPORT.— 


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1 ‘‘(1) IN GENERAL.—Whenever a farmworker in2 cident occurs, the employer of each affected farm3 worker shall report the incident to the Adminis4 trator. 

5 ‘‘(2) ONLINE SYSTEM.— 

6 ‘‘(A) IN GENERAL.—Not later than 60 

7 days after the date of enactment of this section, 

8 the Administrator shall implement and deploy 

9 an online system to facilitate the reporting of 

10 farmworker incidents. 

11 ‘‘(B) REQUIREMENTS.—The online system 

12 under subparagraph (A) shall include, at a min13 imum, a description of, with respect to each 

14 farmworker incident— 

15 ‘‘(i) the time and location; 

16 ‘‘(ii) the name of each active ingre17 dient and pesticide product involved; 

18 ‘‘(iii) whether such a pesticide was ap19 plied in accordance with the label instruc20 tions; 

21 ‘‘(iv) the harm that resulted to any af22 fected farmworker; 

23 ‘‘(v) the nature of any medical care 

24 that was sought by any affected farm25 worker; and 


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1 ‘‘(vi) any other pertinent information. 

2 ‘‘(C) ANONYMOUS REPORTING.—The Ad3 ministrator shall ensure that the online system 

4 under subparagraph (A) allows for anonymous 

5 reporting to protect farmworkers from retalia6 tion. 

7 ‘‘(c) PENALTIES FOR FAILURE TO REPORT.— 

8 ‘‘(1) CIVIL PENALTIES.—An employer described 

9 in subsection (b)(1) that fails to report a farm10 worker incident shall be fined $1,000 per day begin11 ning on the 8th day after the farmworker incident 

12 occurs. 

13 ‘‘(2) CRIMINAL PENALTIES.—An employer de14 scribed in subsection (b)(1) that knowingly fails to 

15 report a farmworker incident, or that otherwise pres16 sures or coerces a farmworker to not report a farm17 worker incident, shall be liable for a criminal penalty 

18 of up to $100,000, 6 months in prison, or both. 

19 ‘‘(3) REWARDS.—The Administrator shall im20 plement a reward system that a provides monetary 

21 award of not less than $25,000 per person per farm22 worker incident that leads to the identification of 1 

23 or more employers that have failed to report a farm24 worker incident. 

25 ‘‘(4) RETALIATION.— 


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1 ‘‘(A) IN GENERAL.—Any person that takes 

2 punitive action against a farmworker or a per3 son that reports a farmworker incident shall be 

4 liable for a criminal penalty of not more than 

5 $100,000, 6 months in prison, or both. 

6 ‘‘(B) IMMIGRATION STATUS.—No Federal 

7 agency shall take any action regarding the im8 migration legal status within the United States 

9 of a farmworker, including initiating removal 

10 proceedings or any other prosecution of the 

11 farmworker, based solely on any information 

12 derived from the reporting or investigation of a 

13 farmworker incident. 

14 ‘‘(d) PREVENTING FUTURE HARM TO FARM15 WORKERS.— 

16 ‘‘(1) IN GENERAL.—Not later than 15 days 

17 after the receipt of a report of a farmworker inci18 dent, the Administrator shall transmit a report pre19 pared by the Administrator of the farmworker inci20 dent to— 

21 ‘‘(A) the manufacturer of each involved 

22 pesticide product; and 

23 ‘‘(B) the manufacturer of each involved ac24 tive ingredient or ingredients. 


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1 ‘‘(2) SUSPENSION.—Notwithstanding any other 

2 provision of law, if a farmworker incident results in 

3 the death of a farmworker, the pesticide product or 

4 active ingredient that caused the death shall be im5 mediately suspended, pending the review required by 

6 this section. 

7 ‘‘(3) ASSESSMENTS.— 

8 ‘‘(A) PESTICIDE PRODUCT MANUFAC9 TURER.—Not later than 60 days after the re10 ceipt of a report of a farmworker incident, the 

11 manufacturer of the pesticide product shall pro12 vide to the Administrator an assessment of the 

13 farmworker incident, including whether any 

14 changes to the label of the pesticide product or 

15 active ingredient are warranted at the time of 

16 the assessment to avoid future farmworker inci17 dents. 

18 ‘‘(B) ASSESSMENT BY ACTIVE INGREDIENT

19 MANUFACTURER.—Not later than 60 days after 

20 the receipt of a report of a farmworker incident, 

21 the manufacturer of each involved pesticide ac22 tive ingredient shall provide to the Adminis23 trator an assessment of the farmworker inci24 dent, including whether any changes to the pes25 ticide product or active ingredient are warVerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406

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1 ranted at the time of the assessment to avoid 

2 future farmworker incidents. 

3 ‘‘(4) DETERMINATIONS BY ADMINISTRATOR.— 

4 ‘‘(A) DRAFT DETERMINATION.— 

5 ‘‘(i) IN GENERAL.—Not later than the 

6 earlier of 90 days after the receipt of an 

7 assessment required by paragraph (3) and 

8 180 days after the occurrence of the farm9 worker incident, the Administrator shall 

10 make a draft determination as to whether 

11 a change in the label of an involved pes12 ticide product or active ingredient is war13 ranted. 

14 ‘‘(ii) PUBLICATION.—The Adminis15 trator shall publish a determination under 

16 clause (i) in the Federal Register for a pe17 riod of 30 days for public notice and com18 ment. 

19 ‘‘(B) FINAL DETERMINATION.—Not later 

20 than 30 days after the close of the public com21 ment described in subparagraph (A)(ii), the Ad22 ministrator shall— 

23 ‘‘(i) make a final determination as to 

24 whether the label of the pesticide product 

25 should be changed; and 


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1 ‘‘(ii) publish that final determination 

2 in the Federal Register. 

3 ‘‘(5) CANCELLATIONS.— 

4 ‘‘(A) FAILURE TO CHANGE LABEL.—Not5 withstanding any other provision of law, includ6 ing section 6(b), if the manufacturer of a pes7 ticide product or active ingredient does not 

8 change the label of the applicable product in ac9 cordance with a final determination of the Ad10 ministrator under paragraph (4)(B), the pes11 ticide product or active ingredient shall be im12 mediately and permanently canceled by oper13 ation of law and without further proceedings. 

14 ‘‘(B) CANCELLATION FOR FAILURE TO

15 COMPLY.—Notwithstanding any other provision 

16 of law, including section 6(b), if the manufac17 turer of the pesticide product or active ingre18 dient fails to comply with any applicable provi19 sion of this section, the active ingredient and all 

20 pesticide products containing the active ingre21 dient shall be immediately and permanently 

22 canceled by operation of law and without fur23 ther proceedings. 

24 ‘‘(e) ACCOUNTING FOR FARMWORKER INCIDENTS

25 DURING REGISTRATION REVIEW.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, if a pesticide product or active in3 gredient is responsible for not fewer than 10 farm4 worker incidents of any type, or not fewer than 3 

5 farmworker incidents resulting in death, and the 

6 pesticide product or active ingredient has not re7 ceived a final determination regarding a registration 

8 review during the preceding 15-year period, the Ad9 ministrator shall immediately suspend the pesticide 

10 product or active ingredient until a final determina11 tion is made regarding the registration review of the 

12 pesticide. 

13 ‘‘(2) REPORTS.—The Administrator shall— 

14 ‘‘(A) include in a final determination re15 garding the registration review of a pesticide 

16 the registration of which is suspended under 

17 paragraph (1) a full and complete report de18 scribing each farmworker incident that has oc19 curred during the period covered by the report; 

20 and 

21 ‘‘(B)(i) require label changes to prevent 

22 farmworker incidents from occurring in the fu23 ture; or 

24 ‘‘(ii) explain why no label changes under 

25 clause (i) are warranted. 


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1 ‘‘(f) CITIZEN SUITS.— 

2 ‘‘(1) IN GENERAL.—Any person may bring a 

3 civil action against the Administrator where there is 

4 an alleged failure of the Administrator to comply 

5 with any provision of this section. 

6 ‘‘(2) REVIEWABILITY.—An action under sub7 paragraph (A) shall be reviewable in the district 

8 courts of the United States pursuant to section 

9 16(a).’’. 

Æ 


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