I

103D CONGRESS

2D SESSION H. R. 4329

To amend the Federal Insecticide, Fungicide, and Rodenticide Act, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1994

Mr. DE LA GARZA (for himself and Mr. STENHOLM) (both by request) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To amend the Federal Insecticide, Fungicide, and

Rodenticide Act, 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; TABLE OF CONTENTS; REF4 ERENCE.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Federal Insecticide, Fungicide, and Rodenticide Act

7 Amendments of 1994’’.

8 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; Table of contents; Reference.

Sec. 2. Registration renewal (‘‘Sunset’’).

Sec. 3. Imports and export.

Sec. 4. Cancellation.
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Sec. 5. Coordination with the Federal Food, Drug, and Cosmetic Act (FFDCA).

Sec. 6. Suspension.

Sec. 7. Label call-in.

Sec. 8. Phase-out/phase down.

Sec. 9. Reduced risk pesticides.

Sec. 10. Minor uses.

Sec. 11. Fees.

Sec. 12. Use-by-prescription.

Sec. 13. Judicial review.

Sec. 14. Indemnification.

Sec. 15. Certification and training.

Sec. 16. Pesticide recordkeeping.

Sec. 17. Enforcement.

Sec. 18. ‘‘Whistle Blower’’ provision.

1 (c) REFERENCE.—Whenever in this Act an amend2 ment or repeal is expressed in terms of an amendment

3 to, or repeal of, a section or other provision, the reference

4 shall be considered to be made to a section or other provi5 sion of the Federal Insecticide, Fungicide, and

6 Rodenticide Act.

7 SEC. 2. REGISTRATION RENEWAL (‘‘SUNSET’’).

8 (a) Section 3 of the Federal Insecticide, Fungicide,

9 and Rodenticide Act (7 U.S.C. 136a) is amended by add10 ing at the end of the following:

11 ‘‘(g) REGISTRATION RENEWAL.—

12 ‘‘(1) GENERAL RULE.—Under the subsection

13 the registrations of pesticides are to be renewed pe14 riodically as set out in paragraph (4). The dates for

15 the renewal of a registration of a pesticide are based

16 on dates applicable to the active ingredient of the

17 pesticide as set out in paragraph (2). The date on

18 or after which an application shall be submitted for

19 the renewal of a registration is the reapplication
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1 date of the active ingredient as set out in paragraph

2 (3). The initial and subsequent reapplication date of

3 an active ingredient is set out in paragraph (4). The

4 date by which a renewal application is required to be

5 approved is the expiration date of the active ingredi6 ent as set out in paragraph (5). The expiration date

7 refers to the date a registration will expire if not re8 newed and such date is 3 years after the

9 reapplication date of the active ingredient. A reg10 istration shall not expire under this section except as

11 provided under paragraph (5) of this subsection.

12 ‘‘(2) LIST OF ACTIVE INGREDIENTS.—

13 ‘‘(A) INITIAL LIST.—Not later than 180

14 days after the date of enactment of the Federal

15 Insecticide, Fungicide, and Rodenticide Act

16 Amendments of 1994, the Administrator shall

17 publish in the Federal Register a list of each

18 active ingredient contained in any pesticide cur19 rently registered on the date of the publication

20 of such list.

21 ‘‘(B) LIST REVISION.—The Administrator

22 shall revise the list to add a new pesticide active

23 ingredient on the date a pesticide is registered

24 under subsection (c) which contains such ingre25 dient. If the expiration date of the active ingre-
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1 dient expires without renewal of the registration

2 of at least one pesticide containing such active

3 ingredient, the Administrator shall remove the

4 active ingredient from the list. The Adminis5 trator shall annually publish such list to include

6 each revision made under this subparagraph.

7 ‘‘(C) LIST CONTENT.—The list published

8 by the Administrator under this paragraph

9 shall state the name, reapplication date, and

10 the expiration date of each active ingredient

11 contained in the list.

12 ‘‘(D) PUBLICATION GROUPS.—Active in13 gredients listed under this paragraph shall be

14 grouped as follows: An active ingredient shall be

15 classified—

16 ‘‘(i) in group 1 if the active ingredient

17 was first contained in a pesticide initially

18 registered before November 1, 1984,

19 ‘‘(ii) in group 2 if the active ingredi20 ent was first contained in a pesticide ini21 tially registered after October 31, 1984,

22 but before the date of enactment of the

23 Federal Insecticide, Fungicide, and

24 Rodenticide Act Amendments of 1994, or
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1 ‘‘(iii) in group 3 if the active ingredi2 ent was first contained in a pesticide ini3 tially registered after such date of enact4 ment.

5 ‘‘(3) REAPPLICATION DATE.—The initial

6 reapplication date of an active ingredient—

7 ‘‘(A) in group 1, shall be a date established

8 by the Administrator 12–14 years after the is9 suance of a reregistration eligibility decision

10 document for the active ingredient under sec11 tion 4(g)(2),

12 ‘‘(B) in group 2, shall be a date estab13 lished by the Administrator 10–13 years after

14 the enactment of the Federal Insecticide, Fun15 gicide, and Rodenticide Act Amendments of

16 1994, and

17 ‘‘(C) in group 3 shall be 12 years after the

18 date of initial registration of a product contain19 ing the active ingredient.

20 Subsequent reapplication dates for each active ingre21 dient shall be 12 years after the preceding expiration

22 date of such active ingredient.

23 ‘‘(4) RENEWAL.—

24 ‘‘(A) PROCEDURE FOR RENEWAL.—All

25 registrants shall comply with guidelines pub-
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1 lished by the Administrator specifying the infor2 mation required for renewal of registration that

3 are in effect 4 years prior to the reapplication

4 date for each active ingredient in the reg5 istrant’s product. Such guidelines shall provide

6 registrants with information sufficient to deter7 mine each scientific study that must be submit8 ted for renewal of registration.

9 ‘‘(B) DATA SUBMISSION, COMPENSATION,

10 AND EXEMPTION.—For purposes of this sub11 section, the provisions of subsections (c)(1) and

12 (c)(2)(D) shall be applicable to requirements

13 for renewal of a registration of a pesticide.

14 ‘‘(C) STANDARD.—The Administrator shall

15 renew the registration of a pesticide if the Ad16 ministrator determines that (i) the registrant

17 has submitted an application for renewal of reg18 istration no later than the date set forth in

19 paragraph (3) of this subsection; (ii) the reg20 istrant has submitted all required information

21 as specified by the guidelines published pursu22 ant to subparagraph (A) and any written com23 munications from the Administrator to the reg24 istrant regarding the application of such guide25 lines; and (iii) the active ingredient meets the
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1 requirements of subsection (c)(5) of this sec2 tion.

3 ‘‘(D) NOTIFICATION.—The Administrator

4 shall endeavor to review applications as expedi5 tiously as practicable, and shall notify the reg6 istrant promptly of any deficiencies in the appli7 cation for renewal of registration.

8 ‘‘(E) EFFECTIVE DATE OF RENEWAL.—

9 The renewal of the registration of a pesticide

10 under this paragraph shall take effect on the

11 day after the expiration date of the previous

12 registration of the pesticide.

13 ‘‘(F) EXTENSION.—If the registrant of a

14 pesticide submits a complete application for the

15 renewal of the registration of a pesticide in ac16 cordance with subparagraph (A) and the Ad17 ministrator does not take final action on such

18 application before the expiration date of such

19 registration, the Administrator shall extend the

20 pesticide’s registration for one additional year.

21 ‘‘(5) EXPIRATION.—

22 ‘‘(A) INCOMPLETE APPLICATION.—If the

23 registrant of a pesticide does not submit a com24 plete application to the Administrator, including

25 all required information as specified by the
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1 guidelines published pursuant to paragraph

2 (4)(A), on or before the reapplication date of

3 the active ingredient for which registration re4 newal is required and the Administrator has not

5 after such date renewed the registration, the

6 Administrator shall notify the registrant at

7 least 30 days prior to the expiration date of the

8 registration that the registration shall expire

9 upon the expiration date unless the registrant

10 has requested a hearing before such time. No

11 reapplication shall be deemed incomplete if it

12 complies with the guidelines under paragraph

13 (4). If a hearing is requested, the only matter

14 for resolution at that hearing shall be whether

15 the registrant failed to submit a complete appli16 cation on or before the reapplication date of the

17 active ingredient. If a hearing is held, a decision

18 after completion of such hearing shall be final.

19 If, after a hearing, the Administrator issues a

20 determination that the application is incom21 plete, the registration shall expire. Notwith22 standing any other provision of this Act, a

23 hearing shall be held and a determination made

24 within 75 days after receipt of a request for

25 such hearing. If a registrant fails to submit a
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1 request for a hearing under this subsection, the

2 registration shall expire automatically upon the

3 expiration date and the expiration of the reg4 istration shall not be reviewable in any court.

5 ‘‘(B) INSUFFICIENT INFORMATION.—Not6 withstanding any other provision of this section,

7 if the Administrator determines that the infor8 mation submitted for an active ingredient for

9 which registration renewal is required is insuffi10 cient to permit the Administrator to evaluate

11 the active ingredient under the requirements of

12 section 3(c)(5), the Administrator shall notify

13 each registrant to which the determination ap14 plies at least 30 days prior to the expiration

15 date for such registrations that each registra16 tion shall expire upon the expiration date unless

17 the registrant has requested a hearing before

18 such time. If a hearing is requested, the only

19 matter for resolution at that hearing shall be

20 whether the Administrator’s determination was

21 reasonable that the information submitted is in22 sufficient to evaluate the active ingredient

23 under section 3(c)(5). If a hearing is held, a de24 cision after completion of such hearing shall be

25 final. If after a hearing, the Administrator is-
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1 sues a determination that the information sub2 mitted is insufficient to permit the Adminis3 trator to evaluate the active ingredient under

4 the requirements of section 3(c)(5), the reg5 istration shall expire. Notwithstanding any

6 other provision of this Act, a hearing shall be

7 held and a determination made within 75 days

8 after receipt of a request for such hearing. If a

9 registrant fails to submit a request for a hear10 ing under this subsection, the registration shall

11 expire automatically upon the expiration date

12 and the expiration of the registration shall not

13 be reviewable in any court.

14 ‘‘(6) CANCELLATION.—If the Administrator de15 termines on the basis of a registrant’s application or

16 any other information that one or more uses of an

17 active ingredient for which registration renewal is re18 quired does not meet the requirements of section

19 3(c)(5) of this Act, the Administrator shall initiate

20 a proceeding to cancel all registrations containing

21 such active ingredient to which the determination

22 applies under section 6(b) of this Act. Registrations

23 subject to cancellation proceedings shall neither ex24 pire nor be renewed pending the completion of can25 cellation proceedings. If, after completion of can-
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1 cellation proceedings under section 6(b), the Admin2 istrator determines not to cancel a registration, the

3 Administrator shall renew such registration.

4 ‘‘(7) FEES.—

5 ‘‘(A) The Administrator is authorized to

6 issue regulations to assess fees from registrants

7 reasonably calculated to cover costs associated

8 with the review of registrations pursuant to this

9 subsection.

10 ‘‘(B) If any fee prescribed by regulations

11 issued pursuant to this paragraph with respect

12 to the registration of a pesticide is not paid by

13 the time prescribed by such regulations, the Ad14 ministrator, by order and without hearing, may

15 cancel the registration.

16 ‘‘(8) REGISTRATION RENEWAL FUND.—

17 ‘‘(A) ESTABLISHMENT.—There shall be es18 tablished in the Treasury of the United States

19 a registration renewal fund.

20 ‘‘(B) SOURCE AND USE.—All fees collected

21 by the Administrator under paragraph (6) shall

22 be deposited into the fund and shall be available

23 to the Administrator, without fiscal year limita24 tion, to carry out the provisions of subsection

25 (g) of this Act.
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1 ‘‘(9) EXISTING STOCKS.—Whenever a pesticide

2 registration expires pursuant to this subsection, the

3 Administrator may issue an order allowing continued

4 distribution, sale or use of existing stock of the ex5 pired pesticide subject to such conditions and limita6 tions as the Administrator may specify, provided

7 such distribution, sale or use is consistent with the

8 provisions of the Act.’’.

9 SEC. 3. IMPORTS AND EXPORTS.

10 (a) EXPORTS.—

11 (1) Section 17 (7 U.S.C. 136o), is amended to

12 read as follows:

13 ‘‘(a) CANCELLATION NOTICES FURNISHED TO FOR14 EIGN GOVERNMENTS.—Whenever a registration or a can15 cellation or suspension of the registration of a pesticide

16 becomes effective, or ceases to be effective, the Adminis17 trator shall transmit, not later than 180 days after the

18 effective date of the action, notification of the action to

19 the governments of other countries and to appropriate

20 international agencies. The notification shall include infor21 mation related to the cancellation or suspension of the reg22 istration of the pesticide and information concerning other

23 pesticides that are registered under section 3 and other

24 alternatives including Integrated Pest Management, that

25 could be used in lieu of the pesticide.
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1 ‘‘(b) CERTAIN PESTICIDES PROHIBITED FROM EX2 PORT.—

3 ‘‘(1) PESTICIDES CONTAINING ACTIVE INGREDI4 ENTS BANNED BECAUSE OF ADVERSE EFFECTS ON

5 HUMAN HEALTH OR THE ENVIRONMENT.—

6 ‘‘(A) Except as provided in subparagraph

7 (B) or (C), no person may export to a foreign

8 country a pesticide that contains an active in9 gredient if all or virtually all use of the active

10 ingredient in the United States has been pro11 hibited. An active ingredient is subject to the

12 preceding sentence if any of the following has

13 occurred:

14 ‘‘(i) Registrations of pesticides con15 taining the active ingredient have been sus16 pended or canceled by the Administrator.

17 ‘‘(ii) Applications for registration of

18 pesticides containing the active ingredient

19 have been denied by the Administrator.

20 ‘‘(iii) Applications for registration of

21 pesticides containing the active ingredient

22 have been withdrawn by the registrant vol23 untarily.
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1 ‘‘(iv) Registrations of the pesticide

2 have been canceled by the registrant volun3 tarily.

4 ‘‘(v) Tolerances under section 408 of

5 the Federal Food, Drug, and Cosmetic Act

6 (21 U.S.C. 346a) for the active ingredient

7 have been revoked; and, as a result, all or

8 virtually all volume of the active ingredient

9 may not be used lawfully in the United

10 States.

11 ‘‘(B) The Administrator shall permit the

12 export of a pesticide subject to the prohibitions

13 of paragraph (A) solely because of actions de14 scribed in subparagraph A (iii) or A (iv), if the

15 Administrator publishes after notice and oppor16 tunity for public comment a determination that

17 the Administrator is unaware of any informa18 tion indicating use of the pesticide could pose a

19 risk of significant adverse effects on public

20 health or the environment.

21 ‘‘(C) The Administrator shall permit the

22 export of a pesticide to a specific importing

23 country if—

24 ‘‘(i) the Administrator finds, after no25 tice and opportunity for comment, that the
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1 pesticide is not subject to a prohibition of

2 subparagraph (A) for any reason related to

3 an adverse human health effect; and

4 ‘‘(ii) the importing country has in5 formed the Administrator in writing that

6 the country wishes to import the pesticide

7 and affirms that the country is aware that

8 all or virtually all uses of the pesticide are

9 prohibited in the United States.

10 A finding under this subparagraph shall be

11 effective for 1 year, except that the Adminis12 trator may renew the finding if the importing

13 country informs the administrator annually in

14 writing that it wishes to continue to import the

15 pesticide.

16 ‘‘(D) The Administrator shall, after oppor17 tunity for comment, establish and keep current

18 a list of pesticide active ingredients which the

19 Administrator determines are described in para20 graph (1)(A). The Administrator shall publish

21 such list in the Federal Register initially within

22 six months of the date of enactment of this

23 paragraph and shall publish any additions to or

24 deletions from the list promptly upon the Ad-
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1 ministrator’s determination that the list should

2 be amended.

3 ‘‘(E) The omission of any active ingredient

4 from the list published pursuant to subpara5 graph (D) that is subject to the restrictions of

6 paragraph (1)(A) shall not limit the authority

7 of the Administrator to initiate enforcement ac8 tion under this Act with regard to a pesticide

9 containing such active ingredient exported in

10 violation of paragraph (1)(A).

11 ‘‘(2) PESTICIDES SUBJECT TO OBJECTIONS

12 FROM IMPORTING COUNTRIES.—

13 ‘‘(A) The Administrator shall, by order,

14 prohibit persons from exporting a pesticide to a

15 foreign country that has informed in writing the

16 Administrator, or an international agency of

17 which the United States is a member, that the

18 country does not wish to import the pesticide

19 and the foreign country certifies that it—

20 ‘‘(i) is not producing and will not

21 produce the pesticide for use in the coun22 try;

23 ‘‘(ii) is not importing and will not im24 port the pesticide from any other country;

25 and
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1 ‘‘(iii) does not wish to import the pes2 ticide because of concerns of the country

3 about adverse effects on human health or

4 the environment.

5 ‘‘(B) The Administrator shall issue an

6 order under subparagraph (A) not later than 30

7 days after receipt of the certification.

8 ‘‘(C) If the Administrator determines, after

9 notice and opportunity for comment, that a for10 eign country is not in compliance with a certifi11 cation provided under subparagraph (A), the

12 Administrator shall promptly withdraw the

13 order issued under subparagraph (A). The with14 drawal shall become effective on publication in

15 the Federal Register.

16 ‘‘(3) REQUIREMENT FOR A METHOD OF RESI17 DUE DETECTION IN FOOD.—No person may export

18 a pesticide unless—

19 ‘‘(A) there is a tolerance or an exemption

20 from the requirement of tolerance under para21 graph (3) or (4) of section 408(d) of the Fed22 eral Food, Drug, and Cosmetic Act (21 U.S.C.

23 346a(d)) governing residues of each ingredient

24 in the pesticide in at least one food;
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1 ‘‘(B) there is a practical method for detect2 ing residues of each ingredient in the pesticide

3 in or on foods and the Administrator has an ap4 propriately certified pesticide reference stand5 ard; or

6 ‘‘(C) the Administrator determines that

7 the pesticide is not likely to be used in a man8 ner resulting in pesticide residues in or on im9 ported foods.

10 ‘‘(4) PESTICIDES THAT HAVE NEVER BEEN

11 REGISTERED UNDER SECTION 3.—

12 ‘‘(A) No person may export a pesticide to

13 a foreign country if any ingredient of the pes14 ticide has not been and is not the subject of any

15 registration under section 3, unless the Admin16 istrator determines that—

17 ‘‘(i)(I) for each active ingredient,

18 there is a tolerance greater than zero or an

19 exemption from the requirement for a tol20 erance under paragraph (3) or (4) of sec21 tion 408(d) of the Federal Food, Drug,

22 and Cosmetic Act (21 U.S.C. 346a(d)); or

23 ‘‘(II) residues of the pesticide on food

24 have been permitted or the pesticide has

25 been approved for use in at least 3 coun-
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1 tries that evaluate pesticides prior to mar2 keting in accordance with internationally

3 recognized scientific standards and on the

4 basis of a competent, independent, sci5 entific review of public health and environ6 mental risks; and

7 ‘‘(ii) the country of import partici8 pates in the United Nations Environment

9 Program-Food and Agriculture Organiza10 tion system for exchange of information on

11 pesticides in international trade, or has

12 equivalent provisions in place.

13 ‘‘(B) Any person may petition the Admin14 istrator to withdraw the determination under

15 subparagraph (A) that a pesticide may be ex16 ported.

17 ‘‘(5) RESTRICTIONS ON THE EXPORT OF SMALL

18 QUANTITIES OF PESTICIDES FOR RESEARCH AND

19 DEVELOPMENT.—Notwithstanding paragraphs (1)

20 and (4), the Administrator may permit the export of

21 a small quantity of a pesticide to a foreign country

22 solely for purposes of research and development, but

23 not test marketing. The Administrator, however,

24 shall not permit the export of such a pesticide if it

25 contains any active ingredient which has been pro-
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1 hibited for all or virtually all uses and for which the

2 Administrator has not made the determination in

3 (1)(B). Export of a pesticide under this subpara4 graph shall be subject to such quantity limitations,

5 notification, reporting and labeling requirements as

6 are necessary to determine the nature and extent of

7 such research and development activities and to en8 sure that the pesticide will be used solely for re9 search and development in the country.

10 ‘‘(c) REQUIREMENT FOR FOREIGN PURCHASER AC11 KNOWLEDGEMENT STATEMENT.—In the case of an unreg12 istered pesticide other than a pesticide covered by para13 graph (1) of subsection (b), the exporter shall obtain from

14 the foreign purchaser a signed statement acknowledging

15 that the purchaser understands that the pesticide is not

16 registered for use in the United States and cannot be sold

17 in the United States under this Act. A copy of the state18 ment shall be transmitted to the Administrator and to an

19 appropriate official of the importing country.

20 ‘‘(d) INFORMATION ON ALTERNATIVES.—The Ad21 ministrator shall develop and update annually a circular

22 describing environmentally preferable alternatives and

23 pest management techniques to exported pesticides that

24 are not registered under section 3 or registered pesticides

25 that are exported pursuant to paragraph (1)(C) of sub-
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1 section (b) of this section. The Administrator shall trans2 mit the circular and the annual update of the circular to

3 the governments of other countries and to appropriate

4 international organizations.

5 ‘‘(e) PESTICIDES OR DEVICES INTENDED FOR EX6 PORT.—No pesticide or device may be exported to a for7 eign country unless—

8 ‘‘(1) the pesticide or device complies with the

9 section and sections 2(p), 2(q), 7, 8, 19(a) and

10 19(e); and

11 ‘‘(2) the label of the pesticide—

12 ‘‘(A) is written in an official language of

13 the country of use; and

14 ‘‘(B) to the extent not in conflict with re15 quirements of the country of use, contains all

16 health, safety, environmental, and other related

17 information required to be included under sec18 tion 3 on the labeling for the pesticide for use

19 in the United States, if the product is reg20 istered under section 3 of this Act.

21 ‘‘(f) PRODUCT STEWARDSHIP.—

22 ‘‘(1) REGULATIONS.—To promote proper prod23 uct stewardship, the Administrator shall, by regula24 tion, require a person who exports a pesticide from

25 the United States to comply with the product stew-
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1 ardship provisions of the 1993 International Code of

2 Conduct on the Distribution and Use of Pesticides

3 of the Food and Agricultural Organization of the

4 United Nations. The Administrator may amend such

5 regulations to require persons who export pesticides

6 to comply with any amendments to such code as the

7 Administrator deems necessary.

8 ‘‘(2) NONCOMPLIANCE.—If the Administrator

9 determines after providing notice and opportunity

10 for informal hearing that an exporter of pesticides

11 has demonstrated a pattern of noncompliance with a

12 regulation issued under paragraph (1), the Adminis13 trator—

14 ‘‘(A) shall publish in the Federal Register

15 the finding of the Administrator with respect to

16 the noncompliance; and

17 ‘‘(B) may prohibit the exporter from ex18 porting pesticides for a period of not more than

19 180 days unless the noncompliance has not

20 been corrected by the end of the period.

21 ‘‘(g) CONFIDENTIALITY OF EXPORT INFORMA22 TION.—

23 ‘‘(1) Notwithstanding sections 7(d) and 10(b),

24 the Administrator shall make available to the public

25 on request without restriction the following informa-
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1 tion in the possession of the Administrator concern2 ing exports of pesticides:

3 ‘‘(A) The identity of the producer and ex4 porter of an exported pesticide.

5 ‘‘(B) The active ingredients in an exported

6 pesticide.

7 ‘‘(C) The name of an exported pesticide.

8 ‘‘(D) The date of export.

9 ‘‘(E) The countries to which a pesticide is

10 exported, including the countries of final des11 tination.

12 ‘‘(2) The Administrator shall make available to

13 the public upon request information specified by

14 paragraph (1) concerning the export of a pesticide

15 solely in small quantities for purposes of research

16 and development only to the extent that such infor17 mation would be subject to disclosure if it concerned

18 a pesticide used for similar research and develop19 ment purposes in the United States, provided the ex20 porter, in accordance with rules issued by the Ad21 ministrator, certifies to the Administrator, in writ22 ing, that the pesticide is being exported solely in

23 small quantities for purposes of research and devel24 opment.
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1 ‘‘(h) RECORDS.—Any person who distributes or sells

2 a pesticide for export shall submit to the Administrator

3 records of the distribution or sale under such conditions

4 as the Administrator may prescribe by regulation. No reg5 ulation issued pursuant to this subsection shall require

6 any person to duplicate reporting of any information oth7 erwise required to be reported by the person under section

8 7.

9 ‘‘(i) ANNUAL EXPORTS REPORT.—The Adminis10 trator shall prepare and make available to the public an

11 annual report beginning with the first full calendar year

12 following the year of enactment of this subsection. The

13 report shall include a description of the identities, aggre14 gate quantities, and destinations of pesticides exported to

15 foreign countries during each calendar year, to the extent

16 the Administrator determines that disclosure of the infor17 mation is consistent with the requirements of section 10.

18 ‘‘(j) FEES.—

19 ‘‘(1) AUTHORITY.—The Administrator may

20 issue regulations to assess fees on pesticide reg21 istrants that are reasonably calculated to cover costs

22 associated with carrying out this section.

23 ‘‘(2) ESTABLISHMENT OF FUND.—There shall

24 be established in the Treasury of the United States

25 a fund to carry out this section.
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1 ‘‘(3) SOURCE AND USE.—All fees collected by

2 the Administrator under paragraph (1) shall be de3 posited into the fund, and thereafter, shall be avail4 able until extended, subject to appropriation, to

5 carry out this section.

6 ‘‘(k) TECHNICAL ASSISTANCE PROGRAMS.—

7 ‘‘(1) IN GENERAL.—The Administrator is au8 thorized to use each fiscal year not more than

9 $4,000,000 to provide countries technical assistance

10 in—

11 ‘‘(A) safe handling and use of pesticides;

12 ‘‘(B) alternative methods of pest control;

13 ‘‘(C) strengthening of pesticide regulatory

14 institutions;

15 ‘‘(D) provision of technical information;

16 ‘‘(E) support for pesticide management

17 and safety training programs; and

18 ‘‘(F) coordination with assistance efforts

19 conducted by other donor or international orga20 nizations.

21 ‘‘(2) PRIORITY.—Priority for assistance under

22 this subsection shall be given to developing countries

23 that are major sources of food imported into the

24 United States.
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1 ‘‘(3) COORDINATION WITH THE UNITED STATES

2 AGENCY FOR INTERNATIONAL DEVELOPMENT.—To

3 ensure full consistency with ongoing U.S. AID tech4 nical assistance programs in those areas, all EPA

5 activities conducted under this section in countries

6 that receive U.S. AID assistance shall be undertaken

7 in close cooperation with the Administrator of U.S.

8 AID.

9 ‘‘(l) IMPORTATION OF PESTICIDES AND DEVICES.—

10 ‘‘(1) IN GENERAL.—The Secretary of the

11 Treasury shall—

12 ‘‘(A) notify the Administrator of the arriv13 al of pesticides and devices;

14 ‘‘(B) deliver to the Administrator, on the

15 request of the Administrator, samples of pes16 ticides or devices that are being imported into

17 the United States; and

18 ‘‘(C) give notice to the owner or consignee

19 of the pesticide or device.

20 ‘‘(2) OPPORTUNITY TO BE HEARD.—The owner

21 or consignee may appear before the Administrator

22 and introduce testimony.

23 ‘‘(3) VIOLATIONS.—If it appears from the ex24 amination of a sample that the sample is adulter-
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1 ated, misbranded, otherwise violates this Act, or is

2 otherwise injurious to health or the environment—

3 ‘‘(A) the pesticide or device may be refused

4 admission; and

5 ‘‘(B) the Secretary of the Treasury may—

6 ‘‘(i) refuse delivery to the consignee;

7 and

8 ‘‘(ii) cause the destruction of any pes9 ticide or device refused delivery.

10 ‘‘(4) NONEXPORT.—A pesticide or device that is

11 refused admission shall not be exported unless the

12 export conforms to the requirements of subsection

13 (c) and such regulations as the Secretary of the

14 Treasury may prescribe, except in accordance with

15 this section.

16 ‘‘(5) BOND.—The Secretary of the Treasury

17 may deliver to the consignee the pesticide or device

18 pending examination and decision in the matter on

19 execution of bond for the amount of the full invoice

20 value of the pesticide or device, together with the

21 duty on the pesticide or device. If the consignee re22 fuses to return the pesticide or device for any cause

23 to the custody of the Secretary of the Treasury,

24 when demanded, for the purpose of excluding the

25 pesticide or device from the United States, or for
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1 any other purpose, the consignee shall forfeit the full

2 amount of the bond.

3 ‘‘(6) CHARGES.—All charges for storage, cart4 age, and labor on pesticides or devices that are re5 fused admission or delivery shall be paid by the

6 owner or consignee. Any default of the payment

7 shall constitute alien against any future importation

8 made by the owner or consignee.

9 ‘‘(7) REGULATIONS.—The Secretary of the

10 Treasury, in conjunction with the Administrator,

11 shall prescribe regulations for the administration

12 and enforcement of this subsection.

13 ‘‘(m) COOPERATION IN INTERNATIONAL EFFORTS.—

14 ‘‘(1) PRESIDENT.—The President is encouraged

15 to pursue appropriate international agreements or

16 arrangements to address notification programs and

17 trade in pesticides consistent with this Act.

18 ‘‘(2) ADMINISTRATOR.—The Administrator is

19 encouraged to, in cooperation with the Secretary of

20 State, the Administrator of the Agency for Inter21 national Development and the head of any other ap22 propriate Federal agency, participate and cooperate

23 in any international efforts to develop improved pes24 ticide research and regulations.’’.

25 (b) CONFORMING AMENDMENTS.—
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1 (1) REGISTRATION OF ESTABLISHMENTS.—Sec2 tion 7(c) (7 U.S.C. 136e (c)) is amended—

3 (A) by striking paragraph (1) and insert4 ing the following new paragraph:

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) Any producer operating an establish7 ment registered under this section shall inform

8 the Administrator within 30 days after the es9 tablishment is registered of the types and quan10 tities of pesticides and active ingredients used

11 in producing pesticides that the producer—

12 ‘‘(i) is currently producing;

13 ‘‘(ii) has produced during the past

14 365-day period; and

15 ‘‘(iii) has sold or distributed during

16 the past 365-day period.

17 ‘‘(B) Any producer operating an establish18 ment registered under this section shall inform

19 the Administrator within 30 days after the es20 tablishment is registered of—

21 ‘‘(i) the types and quantities of pes22 ticides, and active ingredients used in pro23 ducing pesticides, that are produced for ex24 port to a foreign county; and
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1 ‘‘(ii) the date of export and quantity

2 of pesticides and active ingredients ex3 ported to each foreign county to which the

4 producer has exported during the past

5 365-day period.

6 ‘‘(C) The information required by this

7 paragraph shall be kept current and submitted

8 to the Administrator annually as required under

9 such regulations as the Administrator may pre10 scribe.’’.

11 (B) in subparagraph (2) by striking ‘‘(2)’’,

12 and inserting ‘‘(2) STOP SALE ORDERS.’’.

13 (2) UNLAWFUL ACTS.—Section 12(a)(2) (7

14 U.S.C. 136j(a)(2)) is amended—

15 (A) by striking ‘‘or’’ at the end of subpara16 graph (R);

17 (B) by striking the period at the end of

18 subparagraph (S) and inserting ‘‘; or’’; and

19 (C) by adding at the end the following:

20 ‘‘(T) to export any pesticide in violation of

21 section 17 or to violate any regulation or order

22 issued under section 17.’’.

23 (3) ADVERSE EFFECTS INFORMATION.—Section

24 6(a) (7 U.S.C. 136c(a)) is amended by adding at the

25 end the following: ‘‘EFFECTIVE DATE.—
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1 ‘‘(A) The prohibitions in Section 17(b)

2 shall become effective 30 days after the date of

3 enactment of the Federal Safety Reform Act of

4 1994.

5 ‘‘(3) Any person, who exports a pesticide or

6 who produces a pesticide for export, shall submit to

7 the Administrator:

8 ‘‘(A) any factual information regarding un9 reasonable adverse effects on the environment

10 of the pesticide; and

11 ‘‘(B) any information regarding the regu12 latory status of such pesticide in other countries

13 that would affect whether the pesticide may be

14 exported.’’.

15 SEC. 4. CANCELLATION.

16 (a) Section 3(c)(6) (7 U.S.C. 136a(c)(6)) is amended

17 to read as follows:

18 ‘‘(6) DENIAL OF REGISTRATION.—If the Ad19 ministrator determines that the requirements of

20 paragraph (5) for registration are not satisfied, the

21 Administrator may issue a notice proposing denial.

22 The Administration shall send a notice proposing de23 nial of registration. Such a notice shall include the

24 legal and factual bases for the denial. The Adminis25 trator shall send a notice proposing denial to the ap-
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1 plicant for registration and shall promptly publish

2 the notice in the Federal Register. Subsequent ac3 tion on the proposed denial shall be in accord with

4 the applicable provisions of section 6(b).’’.

5 (b) Section 3(d)(2) (7 U.S.C. 136a (d)(2)) is amend6 ed to read as follows:

7 ‘‘(2) CHANGE IN CLASSIFICATION.—If the Ad8 ministrator determines that a change in the classi9 fication of any use of a pesticide from general use

10 to restricted use is necessary because, without such

11 restriction, the use may cause unreasonable adverse

12 effects on the environment, he shall follow the appli13 cable provisions of section 6(b).’’.

14 (c) Section 6(b) (7 U.S.C. 136d (b)) is amended to

15 read as follows:

16 ‘‘(b) CANCELLATION, DENIAL OF REGISTRATION,

17 CHANGE IN CLASSIFICATION.—

18 ‘‘(1) STANDARD FOR CANCELLATION.—The Ad19 ministrator may cancel, deny application for reg20 istration of, or change the classification of a pes21 ticide if the Administrator determines that—

22 ‘‘(A) the pesticide generally causes unrea23 sonable adverse effects on the environment

24 when used in accordance with widespread and

25 commonly recognized practice; or
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1 ‘‘(B) the pesticide product or its labeling

2 or other material required to be submitted by

3 the Act do not comply with the requirements of

4 the Act.

5 The proponents of registration of a pesticide

6 shall at all times have the burden of showing that

7 the standard for cancellation, denial or change in

8 classification is not met.

9 ‘‘(2) CONSULTATION WITH FEDERAL AGEN10 CIES.—If the Administrator intends to cancel or

11 change the classification of a pesticide registered for

12 agricultural uses, the Administrator shall consult

13 with the Secretary of Agriculture regarding the pro14 posed action and provide an opportunity to submit

15 written comments. If the Administrator intends to

16 cancel or change the classification of a pesticide reg17 istered for public health uses, the Administrator

18 shall consult with the Secretary of Health and

19 Human Services regarding the proposed action and

20 provide an opportunity to submit written comments.

21 ‘‘(3) PROPOSED ORDER.—If the Administrator

22 determines that the standard for canceling, denying

23 application for registration of, or changing the clas24 sification of a pesticide may be met, the Adminis25 trator may issue a proposed order to cancel, deny or
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1 change the classification of a pesticide. In issuing

2 any proposed order under this paragraph, the Ad3 ministrator shall consider restricting a pesticide’s

4 use or uses as an alternative to cancellation. The

5 Administrator shall send a copy of the proposed

6 order to each registrant holding a registration ad7 dressed by the proposed order and shall publish the

8 proposed order in the Federal Register. The pro9 posed order shall include (or incorporate by ref10 erence to publicly available documents) the following:

11 ‘‘(A) A statement of the factual and legal

12 bases for the proposed action.

13 ‘‘(B) If the pesticide is used to produce an

14 agricultural commodity, a general analysis of

15 the impact of the proposed action on consum16 ers, retail food prices, production of agricultural

17 commodities, and otherwise on the agricultural

18 economy.

19 ‘‘(C) A copy of any written comments on

20 the proposed action submitted by the Secretary

21 of Agriculture, the Secretary of Health and

22 Human Services, or the Scientific Advisory

23 Panel.

24 ‘‘(D) The changes, if any, in the terms and

25 conditions of registration that a registrant
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1 would need to make in order for the Adminis2 trator to conclude that cancellation or change in

3 classification would not be appropriate.

4 ‘‘(E) Notice of the availability of an infor5 mal public hearing.

6 ‘‘(4) PROCEDURES FOR PROPOSED CANCELLA7 TION ORDERS, DENIALS OF APPLICATIONS FOR REG8 ISTRATION, OR CHANGES IN CLASSIFICATION.—

9 ‘‘(A) The registrant or applicant for reg10 istration, and any other interested person, shall

11 be afforded an opportunity to comment on a

12 proposed cancellation order, denial of applica13 tion for registration, or change in classification,

14 for at least ninety days after publication of the

15 proposal in the Federal Register.

16 ‘‘(B) The registrant or applicant for reg17 istration, and any other interested person, may

18 request that the Administrator hold an informal

19 public hearing during the comment period. Re20 quests for hearing must be filed within twenty21 one days of publication of a proposed cancella22 tion order, denial of application, or change in

23 classification in the Federal Register. The Ad24 ministrator may deny such request if holding a

25 hearing would not be in the public interest.
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1 ‘‘(C) No final order to cancel, change clas2 sification, or deny application may be issued

3 under paragraph (6) of this section before the

4 appropriate comment period has expired.

5 ‘‘(D) If a final order to cancel or change

6 classification differs significantly from a pro7 posed order, the Administrator shall, prior to

8 issuing the final order, consult with the Sec9 retary of Agriculture and the Secretary of

10 Health and Human Services under the condi11 tions set forth in paragraph (b)(2) of this sec12 tion.

13 ‘‘(5) INFORMAL PUBLIC HEARING.—

14 ‘‘(A) If a timely request for an informal

15 public hearing is made on a proposed cancella16 tion, change in classification, or denial of appli17 cation, and the Administrator determines that a

18 hearing shall be held, the Administrator shall

19 publish in the Federal Register a notice of

20 hearing, and shall send a copy of such notice to

21 any person who requested such a hearing. Such

22 notice shall identify a time and location for the

23 hearing, and shall specify such procedures for

24 the hearing as the Administrator may deter25 mine appropriate. Any interested person shall
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1 be given an opportunity to appear at the hear2 ing, either in person or through an authorized

3 counsel or representative, and to be heard with

4 respect to the proposed order. The Adminis5 trator shall appoint a hearing officer to preside

6 over the hearing. The hearing officer shall

7 cause a verbatim transcript of the hearing to be

8 kept. Such transcript, and any written material

9 submitted at a hearing in accordance with any

10 requirements set forth in the notice of hearing,

11 shall be a part of the record of the proceeding.

12 ‘‘(B) If the Administrator denies a timely

13 request for hearing, the Administrator shall

14 publish in the Federal Register a notice of de15 nial and the reasons therefor, and shall send a

16 copy of such notice to any person who re17 quested such hearing.

18 ‘‘(6) FINAL ORDERS.—

19 ‘‘(A) If not comments opposing the pro20 posed action are submitted by registrants or

21 other interested persons during the comment

22 period provided pursuant to paragraph (4) or at

23 any hearing held pursuant to paragraph (5),

24 and if, in the case of a proceeding to cancel or

25 change the classification of a pesticide, a reg-
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1 istrant does not file a timely application for

2 amendment of registration to implement the

3 changes, if any, specified in the proposed order

4 pursuant to subparagraph (b)(3)(iv) of this sec5 tion, the Administrator may issue a summary

6 final order canceling registration, denying appli7 cation for registration, or changing classifica8 tion. Such final order shall be published in the

9 Federal Register and sent to each registrant of,

10 and applicant for, a registration addressed by

11 the final order. Such final order shall not be

12 subject to judicial review.

13 ‘‘(B) If, after reviewing comments submit14 ted pursuant to paragraph (4), and the record

15 compiled at any informal hearing held pursuant

16 to paragraph (5), the Administrator determines

17 that the standard for cancellation of registra18 tion, denial of application for registration, or

19 change in classification is met, the Adminis20 trator shall publish a final order of cancellation,

21 denial of application, or change in classification

22 in the Federal Register and shall send a copy

23 of such order to each applicant for, or reg24 istrant holding, a registration addressed by the

25 final order. The final order shall include (or in-
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1 corporate by reference to publicly available doc2 uments) the following:

3 ‘‘(i) The factual and legal bases for

4 the final order.

5 ‘‘(ii) A summary of the significant

6 comments submitted either in writing or

7 orally at a hearing by the public and, in

8 the case of a proposed cancellation order,

9 by the Secretary of Agriculture, the Sec10 retary of Health and Human Services, the

11 Scientific Advisory Panel, and the Admin12 istrator’s responses to those comments.

13 ‘‘(iii) In the case of a proceeding for

14 the cancellation or change in classification

15 of a pesticide used in the production of an

16 agricultural commodity, a general analysis

17 of the impact of the action on consumers,

18 retail food prices, production of agricul19 tural commodities, and otherwise on the

20 agricultural economy.

21 ‘‘(iv) In the case of a final order can22 celing or changing the classification of a

23 pesticide, a description of the changes, if

24 any, in the terms and conditions of reg25 istration of a pesticide product that a reg-
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1 istrant would need to make in order for

2 the final order not to apply to the product.

3 Final orders issued pursuant to this subpara4 graph will be effective upon publication in the

5 Federal Register, except that in the case of a

6 final order where the Administrator has estab7 lished terms and conditions as alternative to

8 cancellation or change in classification pursuant

9 to subclause (iv), the order shall not be effective

10 until thirty days after publication in the Fed11 eral Register, and a product will not be can12 celed nor its classification changed pursuant to

13 the order if a registrant, within such thirty day

14 time period, has applied to amend its registra15 tion to comply with the specified terms and con16 ditions.

17 ‘‘(C) If, after reviewing the comments sub18 mitted pursuant to paragraph (4), and the

19 record compiled at any informal hearing held

20 pursuant to paragraph (5), the Administrator

21 determines not to cancel, deny application, or

22 change classification, the Administrator shall

23 publish in the Federal Register a final decision

24 to that effect and shall send a copy of such de25 cision to each registrant of, and applicant for,
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1 a registration addressed by the proposed order.

2 Such decision shall include the information de3 scribed by clause (i)–(iii) of subparagraph (B)

4 of this paragraph. Such a decision shall be ef5 fective upon publication.

6 ‘‘(7) PETITIONS TO SUSPEND, CANCEL, DENY

7 APPLICATION OR CHANGE CLASSIFICATION.

8 ‘‘(A) Any person may, at any time, petition

9 the Administrator to suspend or cancel a reg10 istration pursuant to this section or to deny an

11 application for registration or change the classi12 fication of a pesticide pursuant to section 3 of

13 this Act. Such a petition must include the fac14 tual and legal bases supporting the petition.

15 ‘‘(B) If the Administrator determines that

16 the requested action is necessary to serve the

17 purposes of the Act, the Administrator shall

18 suspend the pesticide or issue a proposed order

19 to cancel, deny application, or change classifica20 tion, and the appropriate provisions of sections

21 3 or 6 shall apply.

22 ‘‘(C) If the Administrator denies the peti23 tion, the Administrator shall issue an order

24 specifying the basis for such denial.
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1 ‘‘(8) EFFECT OF FINAL ORDER OF CANCELLA2 TION, DENIAL OF APPLICATION, OR CHANGE IN

3 CLASSIFICATION.—

4 ‘‘(A) The Administrator may issue an

5 order summarily denying any application for

6 registration or amendment under section 3 or

7 24 of this Act, or application for exemption

8 pursuant to section 18 of this Act, with respect

9 to a pesticide that has been subject to a final

10 order issued pursuant to this section canceling

11 registration, denying application for registra12 tion, or changing classification, unless the ap13 plicant has presented substantial new informa14 tion which—

15 ‘‘(i) may materially affect the basis

16 for or content of the prior order;

17 ‘‘(ii) was not available to the Adminis18 trator at the time he issued the final order;

19 and

20 ‘‘(iii) could not, through the exercise

21 of due diligence, have been available to the

22 applicant prior to the issuance of the final

23 order.

24 If the Administrator determines that the appli25 cant has not provided substantial new informa-
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1 tion complying with the requirements set forth

2 in this subparagraph, the Administrator may

3 issue an order summarily denying the applica4 tion and shall send a copy of such order to the

5 applicant.

6 ‘‘(B) If, after review of an application (and

7 supporting data submitted by the applicant) for

8 a registration or amendment pursuant to sec9 tion 3 or 24 of this Act, the Administrator de10 termines that the applicant has submitted sub11 stantial new information and that reconsider12 ation of the prior final order may be warranted,

13 the Administrator shall publish a notice in the

14 Federal Register announcing that the Adminis15 trator is reconsidering the prior final order.

16 Such notice shall describe the nature of the ap17 plication, contain the factual and legal bases for

18 the Administrator’s determination that recon19 sideration may be warranted, and shall provide

20 an opportunity of at least 60 days for interested

21 persons to comment on the issues of whether

22 reconsideration should be granted and whether

23 the application should be granted.
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1 ‘‘(C) After the opportunity for comment on

2 a notice issued pursuant to section 6(b)(8)(B)

3 has expired, the Administrator shall publish a

4 final decision in the Federal Register either de5 nying the application or granting

6 reconsideration of the prior final order to the

7 extent necessary to consider the application. A

8 final decision granting reconsideration may, at

9 the Administrator’s discretion, contain a final

10 determination granting or rejecting the applica11 tion. If such a final determination is not con12 tained in a final decision granting reconsider13 ation, the application shall be reviewed accord14 ing to the provisions of section 3 or 24 as ap15 propriate.

16 ‘‘(D)(i) If the Administrator grants recon17 sideration, but denies the application, the Ad18 ministrator shall publish in the Federal Reg19 ister a notice proposing denial of registration

20 pursuant to section 3(c)(6) of this Act. Such a

21 notice may be contained in a final decision

22 granting reconsideration issued pursuant to sec23 tion 6(b)(8)(B). Subsequent action on the pro24 posed denial shall be in accord with the applica25 ble provisions of section 6(b).
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1 ‘‘(ii) If the Administrator determines, after

2 granting reconsideration, that the application

3 should be granted, he shall publish in the Fed4 eral Register a notice granting the application.

5 Such a notice may be contained in a final deci6 sion grating reconsideration issued pursuant to

7 section 6(b)(8)(B).

8 ‘‘(9) EXISTING STOCKS.—The Administrator

9 may permit the continued sale and use of existing

10 stocks of a pesticide whose registration is canceled

11 under this Act to such extent, under such conditions,

12 and for such uses as the Administrator may specify

13 if such sale or use is not inconsistent with the pur14 poses of this Act and will not have unreasonable ad15 verse effects on the environment.’’.

16 (d) CONFORMING AMENDMENT.—Section 25(d) (7

17 U.S.C. 136w(d)) is amended to read as follows:

18 ‘‘(d) SCIENTIFIC ADVISORY PANEL.—Prior to issu19 ance of a proposed order under section 6(b), the Adminis20 trator shall notify an advisory panel of such action and

21 shall provide such panel and opportunity to submit written

22 comments as to the impact on health and the environment

23 of such proposed orders. The Administrator shall submit

24 proposed and final form regulations issued under section

25 25(a) within the same time periods as provided for the
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1 comments of the Secretary of Agriculture. The time re2 quirements for proposed and final form regulations may

3 not be modified or waived unless in addition to meeting

4 the requirements of section 25(a), the advisory panel has

5 failed to comment on the proposed action within the pre6 scribed time period or has agreed to the modification or

7 waiver.’’.

8 SEC. 5. COORDINATION WITH THE FEDERAL FOOD, DRUG,

9 AND COSMETIC ACT

10 Section 6 (7 U.S.C. 136d) is amended by adding at

11 the end the following:

12 ‘‘(i) COORDINATION WITH THE FOOD, DRUG, AND

13 COSMETIC ACT.—

14 ‘‘(1) The Administrator shall, by order and

15 without a hearing, cancel a pesticide registration, or

16 deny the application for registration or amended

17 registration of a pesticide if the Administrator has

18 revoked a tolerance regulation or denied a petition

19 to establish a tolerance regulation under section 408

20 of title 21 of the United States Code for residues of

21 the pesticide in or on food that could result from the

22 use of the pesticide, unless the Administrator deter23 mines that such use is unlikely to result in food that

24 is adulterated within the meaning of section

25 342(a)(2)(B) of title 21 of the United States Code.
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1 ‘‘(2) Except where such order eliminates all

2 uses of a pesticide, any order issued pursuant to

3 paragraph (1) shall not be effective until thirty days

4 after publication in the Federal Register, and an ap5 plication or registration shall not be denied or can6 celed pursuant to the order if the applicant or reg7 istrant, within such thirty days, has applied to

8 amend the registration or application to delete the

9 uses that form the basis of the cancellation or denial

10 under paragraph (1).’’.

11 SEC. 6. SUSPENSION.

12 (a) Section 6(c) (7 U.S.C. 136d(c)) is amended to

13 read as follows:

14 ‘‘(c) SUSPENSION.—

15 ‘‘(1) ORDER.—If the Administrator determines

16 that use of a pesticide results in an imminent haz17 ard, he may issue an order immediately suspending

18 the registration of such pesticide. The order shall

19 specify the bases for the Administrator’s determina20 tion that an imminent hazard exists. The Adminis21 trator shall send to the registrant by certified mail

22 a copy of the suspension order, and shall publish the

23 order in the Federal Register. The order shall be24 come effective with respect to the registrant, upon

25 publication in the Federal Register or upon receipt
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1 by the registrant of the order, whichever occurs first.

2 The order shall become effective with regard to per3 sons other than the registrant, upon publication of

4 the order in the Federal Register. The suspension

5 shall automatically expire one hundred and eighty

6 days after becoming effective unless, on or before

7 such expiration date, the Administrator has pub8 lished in the Federal Register a proposed cancella9 tion order that would cancel the registration of the

10 pesticide use suspended by the order issued under

11 this subparagraph. If a proposed cancellation order

12 is issued before the expiration date, the suspension

13 shall continue in effect until terminated in accord14 ance with paragraph (4).

15 ‘‘(2) CONSULTATION WITH FEDERAL AGEN16 CIES.—If the Administrator intends to suspend a

17 pesticide registered for agricultural uses the Admin18 istrator shall consult with the Secretary of Agri19 culture regarding the proposed suspension. If the

20 Administrator intends to suspend a pesticide reg21 istered for public health uses, the Administrator

22 shall consult with the Secretary of Health and

23 Human Services regarding the proposed suspension.

24 ‘‘(3) DURATION OF SUSPENSION.—A suspen25 sion order issued under this subsection may be ter-
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1 minated by the Administrator at any time. A sus2 pension order issued under this subsection shall

3 automatically terminate upon completion of a pro4 ceeding to cancel the registration of the pesticide

5 under subsection (b), or upon cancellation by the

6 Administrator of the suspended registration. If the

7 Administrator’s cancellation of the suspended reg8 istration is overturned by a reviewing court, the sus9 pension order issued under this subsection shall be

10 reinstated unless otherwise ordered by the reviewing

11 court, if the decision of the court overturning the

12 cancellation allows for further substantive delibera13 tions by the Administrator on the proposed cancella14 tion.

15 ‘‘(4) PETITION TO RECONSIDER SUSPENSION.—

16 (A) A registrant, or any other interested person with

17 the concurrence of the registrant, may, within thirty

18 days of publication of the suspension order in the

19 Federal Register, petition the Administrator to re20 consider the issuance of the suspension order. A pe21 titioner must include in the petition specific objec22 tions to the suspension order, and must include the

23 specific bases supporting the petitioner’s conclusion

24 that the standard for suspension is not met. A peti25 tion must be accompanied by any information the
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1 petitioner wishes the Administrator to consider in

2 reviewing the petition. The Administrator shall,

3 within one hundred and twenty days of receipt of the

4 last of such petitions, issue an order granting or de5 nying petitions received within thirty days of the

6 publication of a suspension order. Any suspension

7 order issued under this subsection shall expire auto8 matically if the Administrator fails to respond to any

9 petition within the time required. Such an order re10 sponding to a petition for reconsideration shall be

11 sent to the petitioner and published in the Federal

12 Register, and shall include the factual and legal

13 bases for the Administrator’s determination on the

14 petition.

15 ‘‘(B) A registrant, or any other interested per16 son with the concurrence of the registrant, may file

17 with the Administrator a petition to reconsider the

18 issuance of a suspension order more than thirty days

19 after publication of the suspension order in the Fed20 eral Register only if the petition is based upon sub21 stantial new information which—

22 ‘‘(i) may materially affect the basis for or

23 content of the suspension order;

24 ‘‘(ii) was not available to the Administrator

25 at the time he issued the suspension order or
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1 denied any petition submitted under subpara2 graph (5)(A) of this paragraph; and

3 ‘‘(iii) could not, through the exercise of due

4 diligence, have been submitted to the Adminis5 trator within thirty days of the issuance of a

6 suspension order.

7 In addition to demonstrating that the petition is

8 based upon new information which meets the criteria

9 of this subparagraph, a person filing a petition more

10 than thirty days after the publication of a suspen11 sion order must include in the petition specific objec12 tions to the suspension order and the specific base

13 supporting the petitioner’s conclusion that the

14 standard for suspension is not met. Such a petition

15 must be accompanied by any information the peti16 tioner wishes the Administrator to consider in re17 viewing the petition. The Administrator shall issue

18 an order granting or denying a petition filed more

19 thirty days after the publication of a suspension

20 order within one hundred and twenty days of receipt

21 of the petition. Such an order shall be sent to the

22 petitioner and published in the Federal Register,

23 and shall include the factual and legal bases for the

24 Administrator’s determination on the petition.’’.
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1 (b) Section 6(h) (7 U.S.C. 136(h)) is amended to

2 read as follows:

3 ‘‘(h) UNREVIEWABLE ACTIONS.—Nothing in this sec4 tion relating to the provision of notification to or consulta5 tion with other Federal Agencies or the Scientific Advisory

6 Panel shall be construed as creating any right or benefit,

7 substantive or procedural, enforceable at law by a party

8 against the United States, its agencies its officers, or any

9 person. No court of the United States shall have jurisdic10 tion to review any challenge to any action or failure to

11 take action by the Agency pursuant to this section where

12 such challenge is based upon an assertion that the Agency

13 failed to properly notify or consult with any other Federal

14 Agency or the Scientific Advisory Panel.’’.

15 SEC. 7. LABEL CALL-IN.

16 (a) Section 3 (7 U.S.C. 136a) is amended by adding

17 at the end the following:

18 ‘‘(h) LABEL CALL-IN.—

19 ‘‘(1) AUTHORITY TO REQUIRE CHANGES.—If

20 the Administrator determines that the risks associ21 ated with the use of a pesticide can be reduced by

22 a change in the labeling, packaging, or composition

23 of the pesticide, the Administrator may issue a no24 tice requiring that registrants change the labeling,

25 packaging, or composition of the pesticide: Provided,
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1 however, That the Administrator may not pursuant

2 to this section require any change in the labeling,

3 packaging or composition of a pesticide if the Ad4 ministrator determines the change will effectively

5 prohibit or make economically unfeasible substan6 tially all use of the pesticide on one or more use

7 sites. The Administrator shall send any notice issued

8 pursuant to this section to the registrant of every

9 pesticide to which the determination relates. The no10 tice shall include a description of the required

11 changes and the bases for the Administrator’s deter12 mination that such changes will reduce the risks as13 sociated with the use of the pesticide. The notice

14 shall also include such requirements for notifying the

15 Administrator or submitting amendments of reg16 istration reflecting the changes as the Administrator

17 deems appropriate.

18 ‘‘(2) REGISTRANT RESPONSE.—Any registrant

19 receiving a notice pursuant to subsection (a) may,

20 within 60 days of receipt of the notice, file written

21 objections to the change. A registrant may object to

22 the change if the registrant believes—

23 ‘‘(A) the change would effectively prohibit

24 or make economically unfeasible substantially

25 all use of the pesticide on one or more use sites;
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1 ‘‘(B) the change is not necessary for the

2 particular product or that a better alternative

3 means exists to prevent the unreasonable ad4 verse effects on the environment; and

5 ‘‘(C) the costs to society of making the

6 proposed change exceed the benefits of the risk

7 reduction associated with making the proposed

8 change.

9 Any objections must include the specific bases for

10 the objections, and may be accompanied by any writ11 ten information the registrant desires to submit in

12 support of the objections. If a registrant fails to file

13 timely objections to a notice, the requirements con14 tained in the notice shall become final and shall not

15 be reviewable in any court.

16 ‘‘(3) RESPONSE TO OBJECTIONS.—The Admin17 istrator shall respond to any objections within 90

18 days of receipt of the objections by either withdraw19 ing, modifying, or affirming the requirements con20 tained in the notice issued pursuant to subsection

21 (a). Such written response shall be sent to the reg22 istrant and shall include the bases therefor. The re23 sponse shall also include such requirements for noti24 fying the Administrator or submitting amendments
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1 of registration reflecting the changes as the Admin2 istrator deems appropriate.

3 ‘‘(4) ANNUAL COMPLIANCE DATE.—An annual

4 compliance date is hereby established to be on the

5 first day of October. The Administrator may estab6 lish a different compliance date for registrants if it

7 would be in the public interest.

8 ‘‘(5) TIME TO MAKE CHANGE.—Except as pro9 vided in paragraph (g), a registrant may not distrib10 ute or sell a product on or after the first compliance

11 date occurring more than one year after issuance of

12 a notice pursuant to subsection (a) of this section

13 unless the labeling, packaging, or composition of

14 such product complies with any requirements con15 tained in the notice or, if the notice is challenged,

16 in the response to objections issued pursuant to sub17 section (c). Provided, however, that if timely objec18 tions are filed and the Administrator does not re19 spond to such objections within 90 days, a registrant

20 may not distribute or sell a product on or after the

21 first compliance date occurring more than 7 months

22 after the Agency responds to the objections, or more

23 than one year from the issuance of the notice under

24 subsection (a), whichever is later.
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1 ‘‘(6) EXCEPTION.—Notwithstanding any other

2 provision of this subsection, if the Administrator de3 termines that an earlier effective date for a change

4 in product labeling, packaging, or composition is in

5 the public interest, the Administrator may require

6 such changes within reasonable timeframes.

7 ‘‘(7) SUSPENSION. If a registrant fails to com8 ply with a notice issued under subsection (a) or a

9 written response modifying a notice under subsection

10 (c), the Administrator may issue an order without

11 hearing suspending the registration. Such suspen12 sion shall remain in effect until the registrant has

13 complied with the terms of the notice or the re14 sponse modifying the notice.

15 ‘‘(8) PESTICIDES IN THE CHANNELS OF

16 TRADE.—

17 ‘‘(A) Except as provided in paragraph (2),

18 persons other than the registrant, of a pesticide

19 product that does not comply with a notice is20 sued under subsection (a) and any written re21 sponse to objections under subsection (c), may

22 continue to distribute or sell such pesticide

23 product for two years after the registrant is

24 prohibited from selling such product under sub25 section (f).
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1 ‘‘(B) The Administrator may specify a

2 shorter period for the distribution or sale of

3 non-conforming pesticide products than is pro4 vided in paragraph (1) of this subsection if the

5 Administrator determines that a shorter period

6 is in the public interest. The Administrator

7 shall publish promptly such determination in

8 the Federal Register.

9 ‘‘(9) RECALL.—The Administrator may, by

10 order, require the recall of any pesticide distributed

11 or sold in violation of any requirement issued by the

12 Administrator pursuant to this section. An order is13 sued under this subsection may apply to any person

14 who distributes or sells any pesticide in violation of

15 such a requirement and may require such person

16 to—

17 ‘‘(A) arrange to make available one or

18 more storage facilities to receive and store the

19 pesticide to which the recall order applies, and

20 inform the Administrator of the location of each

21 such facility;

22 ‘‘(B) accept and store at such facility any

23 pesticide distributed or sold by such person in

24 violation of this section that are tendered by

25 any other person who obtained the pesticide di-
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1 rectly or indirectly from the person that is sub2 ject to such order;

3 ‘‘(C) on the request of a person making

4 such a tender, provide for proper transportation

5 of the pesticide to a storage facility;

6 ‘‘(D) take such reasonable steps as the Ad7 ministrator may prescribe to inform persons

8 who may be holders of the pesticide of the

9 terms of the recall order and how those persons

10 may tender the pesticide and arrange for trans11 portation of the pesticide to a storage facility;

12 and

13 ‘‘(E) reimburse any person to whom such

14 pesticide was sold for any unused quantities of

15 such pesticide, unless the purchaser had knowl16 edge at the time of sale that such sale was in

17 violation of any requirement issued by the Ad18 ministrator pursuant to this section.

19 ‘‘(10) USE SITE.—For purposes of this section,

20 a use site means, for any agricultural use of a pes21 ticide, a particular crop or commodity. The Adminis22 trator shall identify, by regulation, non-agricultural

23 use sites.’’.
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1 (b) CONFORMING AMENDMENT.—Section 12(a)(2) (7

2 U.S.C. 136j(a)(2)) is amended by adding at the end the

3 following:

4 ‘‘(T) to sell or distribute any pesticide product

5 in violation of any requirement issued by the Admin6 istrator pursuant to section 3 (g).’’.

7 SEC. 8. PHASE-OUT/PHASE-DOWN.

8 Section 6 (7 U.S.C. 136d) is amended by adding at

9 the end the following:

10 ‘‘(j) REDUCTION, RESTRICTION OR ELIMINATION OF

11 USE OR PRODUCTION OF A PESTICIDE.—

12 ‘‘(1) STANDARD FOR REDUCTION, RESTRIC13 TION, OR ELIMINATION.—If the Administrator deter14 mines that—

15 ‘‘(A) credible scientific evidence indicates

16 that use of the pesticide is reasonably likely to

17 pose a significant risk to humans or the envi18 ronment; and

19 ‘‘(B) additional information should be de20 veloped to reduce uncertainties regarding the

21 risk;

22 The Administrator shall, pursuant to paragraphs

23 (2)–(4), restrict, reduce, or eliminate the use or pro24 duction of the pesticide, or evaluate other action as

25 may be necessary to address the risk during the pe-
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1 riod required for the development, submission and

2 review of such additional information. The Adminis3 trator may gather any needed information by use of

4 section 3(c)(2)(B) of this Act.

5 ‘‘(2) CONSULTATION WITH THE SECRETARY OF

6 AGRICULTURE.—Prior to taking action under para7 graph (1), The Administrator, in consultation with

8 the Secretary of Agriculture, shall develop a strategy

9 to reduce or limit the risk identified in order to

10 avoid unnecessary dislocation in agricultural produc11 tion.

12 ‘‘(3) PROPOSED RULE.—If the Administrator

13 determines that the standard for taking regulatory

14 action under paragraph (1) is met, the Adminis15 trator may issue a proposed rule to restrict, reduce

16 or eliminate the use or production of a pesticide.

17 The Administrator shall publish the proposed rule in

18 the Federal Register and shall afford the registrant

19 and any other interested person an opportunity to

20 comment on the proposed rule for at least 60 days

21 after publication in the Federal Register. Any person

22 may submit comments concerning the impact of the

23 proposal on the benefits of the use of the pesticide.

24 The proposed rule shall include (or incorporate by
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1 reference to publicly available documents) the follow2 ing:

3 ‘‘(A) The terms and conditions of the pro4 posed rule, including any proposed strategy de5 veloped pursuant to paragraph (2) to avoid un6 necessary dislocation in agricultural production.

7 ‘‘(B) A statement of the factual and legal

8 bases for the proposed action.

9 ‘‘(C) A description of the additional infor10 mation needed to address the uncertainties of

11 the risk identified in paragraph (1).

12 ‘‘(4) FINAL RULES.—(A) If no comments op13 posing the proposed rule are submitted by reg14 istrants or other interested persons during the com15 ment period provided under paragraph (3), and if

16 the registrant does not file a timely application for

17 amendment of registration to implement the

18 changes, if any, specified in the proposed rule, the

19 Administrator may issue a final rule. The Adminis20 trator shall publish such final rule in the Federal

21 Register. A final rule issued under this paragraph

22 shall not be subject to judicial review.

23 ‘‘(B) If, after reviewing comments submitted

24 pursuant to paragraph (3), the Administrator deter25 mines that the standard for taking action under
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1 paragraph (1) has been met, the Administrator shall

2 publish a final rule in the Federal Register. The

3 final rule shall include (or incorporate by reference

4 to publicly available documents) the following:

5 ‘‘(i) The terms and conditions of the final

6 rule.

7 ‘‘(ii) The factual and legal bases for the

8 final rule.

9 ‘‘(iii) A summary of the significant com10 ments received under paragraph (3) and the

11 Administrator’s responses to those comments.

12 ‘‘(iv) A description of the additional infor13 mation needed to address the uncertainties of

14 the risk identified in paragraph (1).

15 ‘‘(C) If, after reviewing the comments submit16 ted under paragraph (3) the Administrator deter17 mines not to restrict, reduce, or eliminate pesticide

18 uses or production the Administrator shall publish

19 such determination in the Federal Register. Such

20 decision shall include the factual and legal basis for

21 the determination, a summary of the significant

22 comments submitted under paragraph (3), and the

23 Administrator’s response to those comments. Such a

24 decision shall be effective upon publication.
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1 ‘‘(D) Section 25(a) of this Act shall not apply

2 to proposed or final rules issued pursuant to this

3 subsection.

4 ‘‘(E) Unless otherwise ordered by a court of ap5 propriate jurisdiction, a final rule issued under para6 graph (4) shall remain in effect pending the resolu7 tion of any regulatory action under section 6 or sec8 tion 106 or until such time as the Administrator re9 vokes or modifies the rule.

10 ‘‘(5) REVIEW OF INFORMATION.—

11 ‘‘(A) The Administrator shall review

12 promptly upon submission the information iden13 tified in the final rule and shall—

14 ‘‘(i) initiate appropriate regulatory ac15 tion under section 6 or section 106;

16 ‘‘(ii) revoke or modify the rule pursu17 ant to the procedures provided in para18 graphs (3) and (4) of this subsection; or

19 ‘‘(iii) issue a final determination to

20 maintain in effect the final rule if the in21 formation submitted is not sufficient for

22 the Administrator to proceed under clauses

23 (i) and (ii).

24 ‘‘(B) A final determination issued pursuant

25 to subparagraph (A)(iii) to maintain in effect a
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1 final rule shall be published in the Federal Reg2 ister and shall be subject to judicial review pur3 suant to section 16(a) of this Act.

4 ‘‘(6) EFFECT ON OTHER AUTHORITIES.—Noth5 ing in this subsection shall limit the authority of the

6 Administrator to take any regulatory or enforcement

7 action at any time under any other provision of this

8 Act.’’.

9 SEC. 9. REDUCED RISK PESTICIDES.

10 (a) REDUCED RISK PESTICIDES.—

11 (1) Section 3 (c)(1) (7 U.S.C. 136a(c)(1)) is

12 amended to add at the end the following:

13 ‘‘(G) If the applicant is requesting designa14 tion as a reduced risk pesticide, an explanation

15 of the basis for the request, in accordance with

16 paragraph (9) of this subsection.’’.

17 (2) Section 3 (c) (7 U.S.C. 136a(c)) is amended

18 to add at the end the following:

19 ‘‘(9) REDUCED RISK PESTICIDES.—

20 ‘‘(A) Not later than 1 year after the enact21 ment of this paragraph, the Administrator shall

22 develop criteria, after opportunity for public

23 comment, for the designation of reduced risk

24 pesticides. Such criteria shall, at a minimum,

25 address potential risks to human health, tox-
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1 icity to other non-target organisms, environ2 mental persistence, potential to contaminate the

3 environment, and compatibility with integrated

4 pest management strategies.

5 ‘‘(B) Any registrant or applicant for reg6 istration may request the Administrator to des7 ignate a pesticide as a reduced risk pesticide

8 under this paragraph. The Administrator shall

9 prescribe the form and content of such requests

10 for designation, which shall require the

11 requestor to address each criterion established

12 under subparagraph (A). A request for designa13 tion may be combined with an application for

14 registration under this section.

15 ‘‘(C) The Administrator, within 30 days

16 after receiving a request for designation, shall

17 notify the applicant or registrant requesting

18 designation whether the request is complete. If

19 it is found to be incomplete, the Administrator

20 shall reject the request. If the request is com21 plete, the Administrator shall review the request

22 not later than 120 days after receipt, and shall

23 designate the pesticide as a ‘reduced risk pes24 ticide’ if the pesticide meets the criteria for re25 duced risk issued pursuant to paragraph (A).
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1 The Administrator shall publish a notice of

2 findings regarding such designation in the Fed3 eral Register.

4 ‘‘(D) If a request for designation is accom5 panied by an application for registration or

6 amended registration, the Administrator, within

7 180 days of designating that a pesticide quali8 fies for reduced risk status, shall complete re9 view of the application and shall notify the ap10 plicant or registrant whether the registration or

11 amended registration has been granted or de12 nied. If the application is denied, the Adminis13 trator shall comply with the procedures under

14 section 3(c)(6).

15 ‘‘(E) If at any time after the designation

16 of a pesticide as a reduced risk pesticide the

17 registrant has additional information bearing on

18 the pesticide’s ability to meet the criteria estab19 lished under subparagraph (A), the registrant

20 shall immediately submit a report containing

21 such information to the Administrator.

22 ‘‘(F) If at any time after the designation

23 of a pesticide as a reduced risk pesticide the

24 Administrator concludes that the determination

25 made under subparagraph (C) can no longer be
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1 supported, the Administrator shall revoke the

2 designation, after providing the registrant with

3 an opportunity for comment on the basis of the

4 Agency’s conclusion.’’.

5 (b) EXCLUSIVE USE OF REDUCED RISK PESTICIDES

6 AND MINOR USE PESTICIDES.—Section 3 (c)(1)(D) (7

7 U.S.C. 136a(c)(1)(D)) is amended to add a new clause

8 (ii) and to redesignate existing clauses (ii) and (iii) as

9 clauses (iii) and (iv), respectively:

10 ‘‘(ii) the period of exclusive data use

11 for data submitted to support the applica12 tion for the original registration of a pes13 ticide under clause (i) shall be extended by

14 an additional two years if, after the date of

15 enactment of this provision—

16 ‘‘(I) the Administrator approves

17 at least three minor uses of the pes18 ticide prior to the expiration of the

19 period of exclusive use under clause

20 (i); or

21 ‘‘(II) the pesticide has been des22 ignated as a reduced risk pesticide

23 pursuant to paragraph (9)(C) of this

24 subsection prior to the expiration of

25 exclusive use under clause (i).
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1 Any additional exclusive use period under

2 subclause (I) or (II) shall terminate if the

3 original data submitter voluntarily cancels

4 the original registration of the pesticide

5 supported by data described in clause (i) of

6 this subsection. Any additional exclusive

7 use period under subclause (II) shall ter8 minate if the Administrator revokes the

9 designation of a pesticide as reduced risk

10 under paragraph (9)(E) of this sub11 section.’’.

12 (c) DEFINITION OF BIOLOGICAL PESTICIDE.—Sec13 tion 2 (7 U.S.C. 136) is amended by adding at the end

14 the following:

15 ‘‘(hh) BIOLOGICAL PESTICIDE.—The term ‘biological

16 pesticide’ means a biochemical pesticide, plant pesticide,

17 or any organism that is a biological control agent, includ18 ing a microbial pesticide.’’.

19 (d) CONDITIONAL REGISTRATION FOR NEW

20 BIOLOGICALS.—Section 3 (c)(7) (7 U.S.C. 136a(c)(7)) is

21 amended by adding at the end the following:

22 ‘‘(D) The Administrator may conditionally

23 register a biological pesticide, as that term is

24 defined by section 2 (7 U.S.C. 136) of this Act,

25 or a mixture of biological pesticides not con-
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1 tained in any currently registered pesticide

2 prior to the development of all data necessary

3 for the Administrator to determine whether the

4 pesticide meets the requirements of paragraph

5 (5) of this subsection. A conditional registration

6 under this paragraph may be granted for a pe7 riod no longer than is necessary for the genera8 tion, submission and review of required data

9 and on the condition that by the end of such

10 period the Administrator receives such data and

11 the data do not meet or exceed risk criteria

12 enumerated in regulations issued under this

13 Act, and on such other conditions as the Ad14 ministrator may prescribe. A conditional reg15 istration under this subparagraph shall be

16 granted only if the Administrator determines,

17 based on available information, that use of the

18 pesticide during such period will not cause any

19 unreasonable adverse effect on the environment,

20 and that use of the pesticide is in the public in21 terest.’’.

22 (e) REGISTRATION PRIORITIES.—Section 3(c) is

23 amended by adding at the end the following:

24 ‘‘(10) The Administrator shall give priority to

25 applications in the following order:
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1 ‘‘(A) Applications for registration of any

2 pesticide that would meet pest control needs

3 which are currently being addressed through

4 pesticide use authorized under Section 18 of

5 this Act.

6 ‘‘(B) Applications which EPA considers

7 likely to reduce the risk of adverse effects on

8 the environment from the use of currently reg9 istered pesticides subject to proceedings under

10 section 6.

11 ‘‘(C) Applications for registration of any

12 pesticide that meets reduced risk criteria estab13 lished by the Administrator.

14 ‘‘(D) Applications for the registration of

15 pesticides for minor uses.

16 ‘‘(E) Other applications.’’.

17 (f) AMENDMENTS TO CONFORM TO CURRENT REG18 ISTRATION PRIORITIES.—

19 (1) Section 3(c)(3)(B)(ii) (7 U.S.C.

20 136a(c)(3)(B)(ii)) is amended as follows:

21 ‘‘(ii) In expediting the review of an appli22 cation for an action described in clause (i), the

23 Administrator shall, to the extent consistent

24 with the priorities established in subsection

25 (10),—’’.
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1 (2) RESEARCH AND INVESTIGATION, MONITOR2 ING, EDUCATION AND INFORMATION.—Section 20 (7

3 U.S.C. 136r) is amended as follows:

4 (A) By redesignating subsections (b) and

5 (c) as (c) and (d), respectively.

6 (B) By amending subsections (a)–(c) as

7 follows:—

8 ‘‘SEC. 20. RESEARCH AND INVESTIGATION, MONITORING,

9 EDUCATION AND INFORMATION.

10 ‘‘(a) COOPERATIVE AGREEMENTS.—The Adminis11 trator may enter into cooperative agreements, interagency

12 agreements and contracts with, and issue grants to, Fed13 eral, State, tribal and local agencies, other public or pri14 vate agencies, institutions, organizations, and individuals

15 for research, investigations, studies, demonstrations or

16 other activities for the purposes of carrying out this Act.

17 Such activities may include, but are not limited to, re18 search, investigations, demonstrations, and studies in inte19 grated pest management, alternative pest management,

20 and reduced pesticide use. The Administrator shall consult

21 with the Secretary of Agriculture in conducting research,

22 investigations, studies, and demonstrations in integrated

23 pest management, and with the Secretary of State and

24 the Administrator of the Agency for International Devel25 opment when international activities are involved.
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1 ‘‘(b) INFORMATION EXCHANGE.—The Administrator,

2 in cooperation with other Federal, State, Tribal, and local

3 agencies, universities or others, may promote training,

4 education and information exchange for the general public

5 and for pesticide users.’’.

6 (C) By adding new subsections (e) and (f)

7 as follows:

8 ‘‘(e) SURVEYS OF INFANTS AND CHILDREN.—The

9 Secretary of Health and Human Services and the Sec10 retary of Agriculture, in consultation with the Adminis11 trator, shall review the recommendations of the National

12 Academy of Sciences report, Pesticides in the Diets of In13 fants and Children, and conduct surveys to document die14 tary exposure to pesticides among infants and children

15 and perform such other research and collect such informa16 tion as they determine would be necessary for the evalua17 tion and implementation of the recommendations.

18 ‘‘(f) DUPLICATION OF ACTIVITIES.—The Adminis19 trator shall ensure that activities conducted under this

20 section will not result in unnecessary duplication of activi21 ties being undertaken by any other Federal agency or part

22 of the Environmental Protection Agency.’’.

23 (3) STATE AND TRIBAL PROGRAM DEVELOP24 MENT, ENFORCEMENT, AND TRAINING.—Section 23

25 (7 U.S.C. 136u) is amended as follows:
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1 ‘‘SEC. 23. STATE AND TRIBAL PROGRAM DEVELOPMENT,

2 ENFORCEMENT, AND TRAINING.

3 ‘‘(a) The Administrator may enter into cooperative

4 agreements, interagency agreements and contracts with,

5 and issue grants to, States and Indian tribes—

6 ‘‘(1) to delegate to any State or Indian tribe

7 the authority to cooperate in the enforcement of this

8 Act through the use of its personnel or facilities, to

9 train personnel of the State or Indian tribe to co10 operate in the enforcement of this Act, and to assist

11 States and Indian tribes in implementing cooperative

12 enforcement programs;

13 ‘‘(2) to assist States and Indian tribes in devel14 oping and administering State and tribal programs,

15 and to train and certify applicators consistent with

16 the standards the Administrator prescribes; and

17 ‘‘(3) to cooperate in the development of national

18 pesticide programs, including, but not limited to, ef19 forts to protect endangered species, ground water,

20 the public, workers, and users from pesticide con21 tamination and exposure, and to assist States and

22 Indian tribes in implementing effective pesticide pro23 grams.

24 ‘‘(b) The Administrator shall, in cooperation with the

25 Secretary of Agriculture, use the services of the coopera26 tive state extension services to inform and educate pes-
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1 ticide users about accepted uses and other regulations

2 made under this Act.’’.

3 (g) ALTERNATIVE PEST CONTROL STRATEGIES.—

4 Section 28 (7 U.S.C. 136w) is amended to read:

5 ‘‘(a) IN GENERAL.—

6 ‘‘(1) It shall be the goal of the Secretary, as it

7 relates to research in pest control methods, to sup8 port research and development of pest control meth9 ods that reduce risks to human health and the envi10 ronment. The purpose of such research shall be to

11 achieve pest management in the most environ12 mentally sound manner possible, to reduce the inci13 dence of pest resistance, and to develop sufficient

14 pest management alternative to ensure economical

15 agricultural production.

16 ‘‘(2) In support of (1), the following activities

17 shall be pursued:

18 ‘‘(A) COMPARATIVE INFORMATION ON PES19 TICIDE PROPERTIES.—The Administrator, in

20 consultation with the Secretary of Agriculture,

21 shall develop and make readily available infor22 mation that identifies the significant environ23 mental properties and potential human health

24 effects of pesticides, provides for comparison

25 and analysis of those properties, and provides
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1 information necessary to assist in establishing

2 priorities for research and development of alter3 native pest management methods.

4 ‘‘(B) EVALUATION OF EFFECTIVENESS OF

5 PEST CONTROL METHODS.—The Secretary of

6 Agriculture, in coordination and cooperation

7 with the Administrator, shall develop a system

8 for evaluating agricultural pest control needs

9 and the effectiveness of available chemical, bio10 logical, and non-pesticide methods to control

11 pests. Such system shall identify agricultural

12 pest management needs for which there are in13 adequate methods of control including the inci14 dence of pest resistance and provide a means to

15 assist in setting priorities for research and de16 velopment.

17 ‘‘(C) RESEARCH PRIORITIES.—The Sec18 retary of Agriculture, after consultation with

19 the Administrator, and taking into account pri20 vate, academic, and other public research activi21 ties, shall establish priorities for the Depart22 ment of Agriculture’s research and development

23 efforts in pest management methods. The Sec24 retary shall give highest priority to research

25 and development of methods that would signifi-
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1 cantly reduce risks to public health and the en2 vironment and would meet agricultural pest

3 management needs for which there are inad4 equate methods of control. The highest priority

5 shall be for research and development into

6 methods that would meet the criteria stated

7 above and would provide pest control methods

8 to serve as alternatives to pesticides identified

9 in (b).

10 ‘‘(b) SAFER ALTERNATIVE PEST CONTROL PLANS.—

11 The Secretary and the Administrator, in consultation with

12 the Secretary of the Interior, shall develop and implement

13 a process for coordinating environmental risk reduction

14 through identification of pesticides that pose significant

15 risk to human health or the environment, and for which

16 development of use reduction programs and research on

17 safer alternative means of pest control should be high pri18 ority for USDA research programs. The Secretary shall

19 give highest priority to research on methods that would

20 significantly reduce risks to public health and the environ21 ment, lead to more sustainable agricultural systems, and

22 would meet significant agricultural pest management

23 needs for which there are inadequate methods of pest

24 management.
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1 ‘‘(1) LIST OF PESTICIDES.—The Administrator

2 shall identify and provide to the Secretary of Agri3 culture, within six months of enactment and annu4 ally thereafter, a list of agricultural use pesticides—

5 ‘‘(A) for which the Administrator is consid6 ering regulatory action under section 4 or 6

7 that would affect the availability of the pes8 ticide. Such list shall include the associated ag9 ricultural commodities and pests which may be

10 affected by regulatory action regarding the pes11 ticide;

12 ‘‘(B) which otherwise pose significant risks

13 to human health and the environment; and

14 ‘‘(C) for which there exists significant in15 stances of pest resistance.

16 ‘‘(2) DEVELOPMENT OF PLANS.—The Secretary

17 shall review all available alternatives to the pes18 ticides contained in the list provided in (b)(1). Not

19 later than 6 months after the Administrator provides

20 the list to the Secretary, the Secretary shall, in con21 sultation with the Administrator, develop a research

22 technology transfer plan for each pest-commodity

23 combination on the list for which there are insuffi24 cient efficacious alternative pest control techniques

25 that present significantly less risk to human health
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1 or the environment. In developing and implementing

2 such plans, the Secretary shall give highest priority

3 to those pesticides identified in subsection (b)(1)(A).

4 ‘‘(A) The objectives of each plan shall be—

5 ‘‘(i) to provide alternative pest control

6 methods to growers who will otherwise be

7 limited in the pest control methods avail8 able; and

9 ‘‘(ii) to significantly reduce risks to

10 humans and the environment.

11 ‘‘(B) Each plan shall be developed and im12 plemented in a manner consistent with any

13 schedules for regulatory action in sections 4

14 and 6.

15 ‘‘(c) RESEARCH.—The research component of each

16 plan shall—

17 ‘‘(1) identify all ongoing research which could

18 support the strategy and establish priorities for re19 search to be undertaken pursuant to the plan; and

20 ‘‘(2) provide for the direct involvement of grow21 ers in affected regions, educational or research insti22 tutions, and other interested persons in the design,

23 implementation, and evaluation of the plan; and
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1 ‘‘(3) give priority to research in cultural pest

2 controls, biological pest controls, and other non3 chemical pest controls.

4 ‘‘(d) TECHNOLOGY TRANSFER.—The technology

5 transfer component of each plan shall—

6 ‘‘(1) be developed with direct involvement of af7 fected growers, educational or research institutions,

8 and other interested persons;

9 ‘‘(2) provide for farm level education and tech10 nology transfer of successful alternative pest con11 trols; and

12 ‘‘(3) identify research projects nearing comple13 tion which meet the objectives of this subsection and

14 expedite technology transfer of such research to

15 growers.’’

16 ‘‘(e) COORDINATION WITH REGISTRATION ACTIVI17 TIES.—The Administrator shall give priority to applica18 tions of any pesticide meeting the criteria for reduced risk

19 under section 9 that may be developed as part of the strat20 egy implementation;

21 ‘‘(f) IMPLEMENTATION PLAN.—The Secretary and

22 the Administrator shall prepare annually and present to

23 the House Agriculture Committee and the Senate Agri24 culture, Nutrition, and Forestry Committee report on the

25 progress of pest management for each agricultural com-
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1 modity for which there is a plan under paragraph (2). The

2 report shall include an evaluation of whether the plans are

3 meeting the objectives of paragraph (2). Evaluation shall

4 be conducted by a committee that includes affected grow5 ers, researchers, members of the public, and officials of

6 USDA and EPA. The Secretary and the Administrator

7 shall make necessary modifications to the plans, pursuant

8 to such evaluation.

9 ‘‘(g) USE OF RESEARCH FUNDS.—

10 ‘‘(1) The Secretary shall allocate sufficient ap11 propriated funds to carry out the objectives of this

12 section.

13 ‘‘(2) The Secretary may provide funds to carry

14 out research and technology transfer plans to which

15 grower funds have been committed, including grower

16 check-off programs, marketing orders, or other

17 grower funded activities. The Secretary shall give

18 priority to research which is partially funded by non19 Federal entities. No monies under this section may

20 be made available to persons directly or indirectly

21 engage in the registration of pesticides under this

22 Act for profit.

23 ‘‘(h) DUPLICATION OF RESEARCH ACTIVITIES.—The

24 Secretary shall ensure that research conducted under this

25 section does not duplicate research being undertaken by
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1 other government agencies, academic institutions, or pri2 vate entities.

3 ‘‘(i) INTEGRATED PEST MANAGEMENT.—The Sec4 retary of Agriculture, in consultation and cooperation with

5 the Administrator, shall establish a national goal for the

6 adoption of integrated pest management techniques. Inte7 grated pest management refers to the use of pest manage8 ment techniques that includes reliance on field monitoring

9 data, use of economic thresholds in decision-making, con10 servation of beneficial and non-target species, utilization

11 of biologically based controls, and other techniques which

12 minimize the environmental and human health risks of

13 pest management practices. The Secretary of Agriculture,

14 in cooperation with the Administrator, shall implement re15 search, demonstration, and education programs to support

16 meeting the goals for adoption of integrated pest manage17 ment, and shall collect such information as necessary to

18 evaluate the extent to which the goal is being met. The

19 Secretary of Agriculture and the Administrator shall make

20 information on integrated pest management widely avail21 able to pesticide users, including Federal agencies. Federal

22 agencies shall use integrated pest management techniques

23 in carrying out pest management activities and shall pro24 mote integrated pest management through procurement,

25 regulatory policies, and other activities.
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1 ‘‘(j) USE REDUCTION.—The Secretary, in coopera2 tion with the Administrator, shall initiate pilot programs

3 designed to establish and implement pesticide use reduc4 tion goals in selected ecosystems, in cooperation with agri5 cultural producers, Federal, State, and local officials, and

6 other appropriate public and private entities.’’.

7 SEC. 10. MINOR USE OF PESTICIDES.

8 (a) DEFINITION.—Section 2(7 U.S.C. 136) is amend9 ed by adding at the end the following:

10 ‘‘(ii) MINOR USE.—The term ‘minor use’ means the

11 use of a pesticide on a commercial agricultural crop, on

12 an animal, or for the protection of public health, for which

13 the Administrator determines that—

14 ‘‘(1) the total United States acreage for the

15 crop is less than 300,000 acres and the average an16 nual value of production for the crop for the three

17 calendar years most recently completed does not ex18 ceed $500,000,000 adjusted upward annually for in19 flation utilizing the Producer Price Index for Farm

20 Products; or

21 ‘‘(2) based on information supplied by the ap22 plicant, the use does not provide sufficient economic

23 incentive to support initial or continued registration

24 and one of the following criteria applies:
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1 ‘‘(A) there are insufficient efficacious alter2 native registered pesticides available for the

3 use;

4 ‘‘(B) the alternatives to the pesticide pose

5 greater risks to the environment or human

6 health; or

7 ‘‘(C) the pesticide plays a significant part

8 in managing pest resistance.’’.

9 (b) ADEQUATE TIME FOR SUBMISSION OF MINOR

10 USE DATA.—Section 4 (7 U.S.C. 136a) is amended by

11 adding at the end the following:

12 ‘‘(m) ADEQUATE TIME FOR SUBMISSION OF MINOR

13 USE DATA.—

14 ‘‘(1) If—

15 ‘‘(A) A registrant requests a waiver, within

16 time frames and in accordance with the terms

17 established by the Administrator for a minor

18 use waiver of data required under this section

19 or section 3(c)(2)(B); and

20 ‘‘(B) The Administrator denies in whole or

21 in part such waiver request;

22 the registrant shall have the time period originally

23 established by the Agency for submission of such

24 data, beginning with the date of the Administrator’s

25 notification of denial.
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1 ‘‘(2) If a registrant requests additional time,

2 within time frames and in accordance with the terms

3 established by the Administrator, for submission of

4 residue chemistry data for one or more minor food

5 uses, the Administrator may approve a time exten6 sion for submission of such data until the final dead7 line, established as of the date of the approval of the

8 request, for the submission of the last data required

9 to support reregistration of the pesticide active in10 gredient.

11 ‘‘(n) CONTINUATION OF UNSUPPORTED MINOR

12 USES.—

13 ‘‘(1) Notwithstanding any other provision of

14 this section, the Administrator, on request of a reg15 istrant, may delay action to delete a minor food or

16 feed use for which the registrant has not agreed to

17 timely submit residue data necessary for reregistra18 tion under this section: Provided, That, the Adminis19 trator may approve such delay only if the registrant

20 continues to timely submit all other data necessary

21 for reregistration and provided that the delay would

22 not increase the risk of unreasonable adverse effects

23 on the environment or impair the Administrator’s

24 ability to make the determination required by sub25 section (g)(2). Such delay shall extend no longer
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1 than the final deadline, established as of the date of

2 the approval of the request, for the submission of

3 data for the continued uses of the active ingredient.

4 ‘‘(2) The Administrator shall publish in the

5 Federal Register notice of minor uses that are ap6 proved for continued use, and the date upon which

7 such will be deleted from the pesticide registrations.

8 Each registrant must cease all distribution and sale

9 of products labeled for the minor use on the estab10 lished date.

11 ‘‘(3) The Administrator may by order and with12 out hearing delete a use continued under this sub13 section at any time prior to the established date if

14 no registrant is fulfilling data requirements (other

15 than residue chemistry data) necessary for rereg16 istration, or if the Administrator determines that the

17 delay may increase the risk of unreasonable adverse

18 effects on the environment or significantly impair

19 the ability to make the determination required by

20 subsection (g)(2). If the registrant does not comply

21 with the order to remove the use from its product

22 registrations, the Administrator shall cancel reg23 istrations containing the use by order without a

24 hearing.
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1 ‘‘(o) AUTHORIZATION OF FUNDS TO DEVELOP PUB2 LIC HEALTH DATA.—

3 ‘‘(1) For the purposes of this section, Secretary

4 means the Secretary of Health and Human Services,

5 acting through the Public Health Service.

6 ‘‘(2) In the case of a pesticide registered for use

7 in public health programs for vector control or for

8 other uses the Administrator determines to be

9 human health protection uses, the Administrator

10 shall, upon timely request by the registrant or any

11 other interested person, or on the Administrator’s

12 own initiative may, consult with the Secretary prior

13 to taking final action to suspend registration under

14 section 3(c)(2)(B)(iv), or cancel a registration under

15 sections 4, 6(e), or 6(f). In consultation with the

16 Secretary, the Administrator shall prescribe the

17 form and content of requests under this section.

18 ‘‘(3) The Administrator, after consulting with

19 the Secretary, shall make a determination whether

20 the potential benefits of continued use of the pes21 ticide for public health or health protection purposes

22 are of such significance as to warrant a commitment

23 by the Secretary to conduct or to arrange for the

24 conduct of the studies required by the Administrator
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1 to support continued registration under section 3 or

2 reregistration under section 4.

3 ‘‘(4) If the Administrator determines that such

4 a commitment is warranted and in the public inter5 est, the Administrator shall notify the Secretary and

6 shall, to the extent necessary, amend a notice issued

7 under section 3(c)(2)(B) to specify additional rea8 sonable time periods for submission of the data.

9 ‘‘(5) The Secretary shall make such arrange10 ments for the conduct of required studies as the Sec11 retary finds necessary and appropriate to permit

12 submission of data in accordance with the time peri13 ods prescribed by the Administrator. Such arrange14 ments may include, but are not limited to, Public

15 Health Service intramural research activities, grants,

16 contracts, or cooperative agreements with academic,

17 public health, or other organizations qualified by ex18 perience and training to conduct such studies.

19 ‘‘(6) The Secretary may provide for support of

20 the required studies using funds authorized to be ap21 propriated under this section, the Public Health

22 Service Act, or other appropriate authorities. After

23 a determination is made under subsection (d), the

24 Secretary shall notify the Committees on Appropria25 tions of the House of Representatives and the Sen-
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1 ate of the sums required to conduct the necessary

2 studies.

3 ‘‘(7) There is authorized to be appropriated to

4 carry out the purposes of this section $12,000,000

5 for fiscal year 1993, and such sums as may be nec6 essary for succeeding fiscal years.’’.

7 SEC. 11. PESTICIDE FEES.

8 (a) WAIVER OF FEES FOR BIOLOGICAL PES9 TICIDES.—Section 4(i)(4) (U.S.C. 136a–1(i)(4)) is

10 amended by:

11 (1) renumbering subparagraph (C) as subpara12 graph (D); and

13 (2) adding the following new subparagraph (C):

14 ‘‘(C) A biological pesticide the value or vol15 ume of use of which is small, shall be exempt

16 from the fees prescribed by paragraphs (1), (2),

17 and (3).’’.

18 (b) CONTINUATION OF MAINTENANCE FEES.—Sec19 tion 4(i)(5)(E) (U.S.C. 136a–1(4)(i)(5)(E)) is amended to

20 read as follows:

21 ‘‘(E) The authority provided under this

22 paragraph shall terminate on September 30,

23 1999.’’.

24 (c) CONFORMING AMENDMENTS.—
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1 (1) Section 4(i)(6) (U.S.C. 136a–1 (4)(i)(6) is

2 repealed, and subsection (7) is renumbered as sub3 section (6).

4 (2) Section 4(i) (U.S.C. 136a–1 (4)(i) is

5 amended to add at the end the following:

6 ‘‘(7) SUPPLEMENTAL REREGISTRATION FEE.—

7 ‘‘(A) In addition to fees required pursuant

8 to paragraphs (1)–(5), the registrants of pes9 ticides that contain an active ingredient that is

10 listed under subparagraphs (A), (B), (C), or

11 (D) of subsection (c)(2) and that is an active

12 ingredient of any pesticide registered for a

13 major food or feed use shall collectively pay a

14 fee of up to $120,000 at such time as the Ad15 ministrator shall prescribe subject to the limita16 tion of subparagraph (C).

17 ‘‘(B) In addition to fees required pursuant

18 to paragraphs (1)–(5), the registrants of pes19 ticides that contain an active ingredient that is

20 listed under subparagraphs (A), (B), (C), or

21 (D) of subsection (c)(2) and that is not an ac22 tive ingredient of any pesticide registered for a

23 major food or feed use shall collectively pay a

24 fee of up to $60,000 at such time as the Ad-
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1 ministrator shall prescribe subject to the limita2 tion of subparagraph (D).

3 ‘‘(C) The first half of the total fee due

4 under subparagraph (A) or (B) shall be paid

5 not later than nine months after the effective

6 date of this paragraph and the remaining half

7 not later than 21 months after the effective

8 date of this paragraph.

9 ‘‘(D) If 2 or more registrants are required

10 to pay any fee prescribed by subparagraph (A)

11 or (B) with respect to a particular active ingre12 dient, the fees for such active ingredient shall

13 be apportioned among such registrants on the

14 basis of the market share in United States sales

15 of the active ingredient for the calendar years

16 1990 through 1992; Provided, That no fee shall

17 be collected from registrants owing less than

18 $100.

19 ‘‘(E) The Administrator, by order, may re20 quire any registrant to submit such reports as

21 the Administrator determines to be necessary to

22 allow the Administrator to determine and ap23 portion fees under subparagraph (A) or (B),

24 and (D), or to determine the registrant eligi25 bility for a reduction or waiver of a fee.
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1 ‘‘(F) If a report required under subpara2 graph (E) is not submitted by a registrant by

3 the time prescribed, or if any fee prescribed by

4 subparagraph (A) or (B) for an active ingredi5 ent is not paid by a registrant to the Adminis6 trator by the time prescribed, the Adminis7 trator, by order and without hearing, may can8 cel each registration held by such registrant of

9 a pesticide containing the active ingredient with

10 respect to which the reporting requirement or

11 fee is imposed.

12 ‘‘(G) An active ingredient that is contained

13 only in pesticides that are registered solely for

14 agricultural or non-agricultural minor uses, or a

15 pesticide the value or volume of use of which is

16 small, shall be exempt from the fees prescribed

17 by subparagraph (B).

18 ‘‘(H) A biological pesticide shall be exempt

19 from the fees prescribed by subparagraphs (A)

20 and (B).

21 ‘‘(8) PESTICIDE PRODUCT REREGISTRATION

22 FEE.—

23 ‘‘(A) For all determinations pursuant to

24 subsection (g)(2) that a pesticide is eligible for

25 reregistration, the registrant of that pesticide
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1 shall pay a fee of $750 for each affected prod2 uct.

3 ‘‘(B) The amount of the fee prescribed

4 under subparagraph (A) may be adjusted by

5 the Administrator to a level that will result in

6 the collection under this paragraph of, to the

7 extent practicable, an aggregate amount of at

8 least $4,000,000, over 4 years after enactment.

9 ‘‘(C) If any fee prescribed by this para10 graph is not paid within 90 days of the reg11 istrant’s receipt of the reregistration eligibility

12 determination specified in section 4(g)(2), or

13 within 270 days after enactment of this sub14 paragraph, whichever is later, the Adminis15 trator, by order and without hearing, may can16 cel the current registration and deny reregistra17 tion for the pesticide for which the fee is not

18 paid.

19 ‘‘(D) In the case of a pesticide that is reg20 istered for a minor agricultural use or the value

21 of volume of use of which is small, the Adminis22 trator may reduce or waive the payment of the

23 fee imposed under this paragraph if the Admin24 istrator determines that the fee would signifi-
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1 cantly reduce the availability of the pesticide for

2 the use.

3 ‘‘(E) The cumulative maximum fees pay4 able by a single registrant under this paragraph

5 shall be $75,000. A registrant shall be required

6 to pay no more than one fee for each product.’’.

7 SEC. 12. USE-BY-PRESCRIPTION.

8 Section 3 (d)(1)(C)(ii) (7 U.S.C. 136a (d)(1)(C)(ii))

9 is amended and subsection (iii) is added at the end:

10 ‘‘(ii) If the Administrator classifies a

11 pesticide, or one or more uses of a pes12 ticide, for restricted use because of a deter13 mination that its use without additional

14 regulatory restriction may cause unreason15 able adverse effects on the environment,

16 the pesticide shall be applied only by or

17 under the direct supervision of a certified

18 applicator, or subject to such other restric19 tions as the Administrator may provide by

20 regulation. A restricted use classification

21 or a change in classification of any use of

22 a pesticide from general to restricted use

23 established by rule under this clause shall

24 not be subject to the provisions of section

25 6(b).
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1 ‘‘(iii) The Administrator may include

2 a provision in a rule issued pursuant to

3 subsection (ii) restricting a pesticide to use

4 only by prescription if the Administrator

5 determines that retaining the use of a pes6 ticide subject to such restriction is nec7 essary for integrated pest management

8 programs, pest resistance programs, or

9 otherwise to reduce risk. If the Adminis10 trator includes such a provision in a rule

11 issued pursuant to paragraph (ii), the Ad12 ministrator shall (I) prohibit the use of the

13 pesticide in any State for which the State

14 has not developed, in accordance with cri15 teria established by the Administrator, an

16 appropriate State prescription use plan, or

17 (II) establish criteria for issuing pesticide

18 use prescriptions, and may authorize per19 sons qualified under such criteria to issue

20 prescriptions pursuant to the rule.’’.

21 SEC. 13. JUDICIAL REVIEW.

22 REVIEW BY COURTS OF APPEALS.—Section 16(b) (7

23 U.S.C. 136n(b)) and section 16(c) (7 U.S.C. 136n(c)) are

24 amended to read as follows:

25 ‘‘(b) REVIEW BY COURTS OF APPEALS.—
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1 ‘‘(1) REVIEW IN THE DISTRICT OF COLUMBIA

2 CIRCUIT.—A petition for review of any of the follow3 ing actions of the Administrator may be filed by any

4 adversely affected person only in the United States

5 Court of Appeals for the District of Columbia Cir6 cuit:

7 ‘‘(A) The promulgation of any regulations

8 by the Administrator under this Act, or a final

9 determination maintaining in effect a final rule

10 under section 6(i)(5)(A(iii) of this Act.

11 ‘‘(B) A final order of the Administrator

12 canceling or suspending a pesticide registration

13 in whole or in part or concluding that a pes14 ticide registration should not be canceled or

15 suspended.

16 ‘‘(C) A final order of the Administrator ap17 proving or denying an application for a pes18 ticide registration.

19 ‘‘(D) A final order of the Administrator

20 changing the classification of any use of a pes21 ticide.

22 ‘‘(E) A final order of the Administrator re23 sponding to objections to a notice requiring

24 changes in the labeling, packaging, or composi25 tion of a pesticide.
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1 ‘‘(F) A final order of the Administrator de2 nying a petition seeking to suspend or cancel a

3 pesticide registration, to deny an application for

4 a registration, to reconsider whether a registra5 tion should be suspended, or to change the clas6 sification of a pesticide.

7 ‘‘(G) A final determination of the Adminis8 trator to renew a pesticide registration under

9 section 3(g)(4).

10 ‘‘(H) A final determination of the Adminis11 trator resulting in the expiration of a registra12 tion under section 3(g)(5).

13 ‘‘(I) A final order issuing or denying an

14 emergency exemption to a Federal agency.

15 ‘‘(2) REVIEW BY OTHER COURTS OF AP16 PEALS.—A petition for review of any of the following

17 actions of the Administrator may be filed by any ad18 versely affected person only in the United States

19 court of appeals for the circuit in which the State

20 in question is located or in which a hearing assess21 ing a civil penalty occurred:

22 ‘‘(A) A final order following a hearing as23 sessing a civil penalty.

24 ‘‘(B) A final order of the Administrator de25 termining that a State shall have primary en-
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1 forcement authority pursuant to section 26 of

2 this Act.

3 ‘‘(C) A final order of the Administrator re4 scinding primary enforcement authority pursu5 ant to section 27 of this Act.

6 ‘‘(D) A final order of the Administrator

7 approving or disapproving a State certification

8 plan for pesticide applicators pursuant to sec9 tion 11 of this Act.

10 ‘‘(E) A final order approving or disapprov11 ing a State plan for the issuance of experi12 mental use permits under section 5 of the Act.

13 ‘‘(F) A final order of the Administrator

14 disapproving a State’s registration of a pes15 ticide or suspending a State’s authority to reg16 ister pesticides pursuant to section 24 of this

17 Act.

18 ‘‘(G) A final order issuing or denying an

19 emergency exemption to a State.

20 ‘‘(3) PROCEDURE.—Except as provided in para21 graph (4) of this subsection, any petition for review

22 under paragraph (1) or (2) of this subsection must

23 be filed within sixty days of the final action unless

24 the petition for review is based solely on grounds

25 arising after the sixtieth day. Judicial review shall
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1 be in accordance with sections 701 through 706 of

2 title 5 of the United States Code, and the challenged

3 action shall be sustained unless it is found to be ar4 bitrary, capricious, an abuse of discretion, or not in

5 accordance with law. Actions of the Administrator

6 with respect to which review could have been ob7 tained under this subsection shall not be subject to

8 judicial review in civil or criminal proceedings for

9 enforcement.

10 ‘‘(4) IMMINENT HAZARD SUSPENSION.—Any pe11 tition for review under paragraph (1) of a suspen12 sion order or denial of a petition to reconsider sus13 pension issued by the Administrator pursuant to sec14 tion 6(c) of this Act must be filed within ten (10)

15 days of publication of the suspension order in the

16 Federal Register, or, in the case of a challenge of

17 the denial of a petition to reconsider suspension,

18 within twenty (20) days of publication of the Admin19 istrator’s order denying the petition for reconsider20 ation. The commencement of proceedings under this

21 paragraph shall not operate as a stay of the suspen22 sion order unless otherwise ordered by the court.

23 The effect of any order of the court of appeals will

24 be only either to stay or uphold the effectiveness of

25 the suspension order, pending the Administrator’s
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1 final determination with respect to cancellation. Re2 view of a suspension order issued pursuant to sec3 tion 6(c)(1), or review of the petitioner’s likelihood

4 of success on the merits of the case pursuant to a

5 request for a temporary stay from the suspension

6 order, shall be based solely on the information avail7 able to the Agency as of the date the Administrator

8 issued the suspension order. Other information not

9 available to the Administrator in issuing the suspen10 sion order under section 6(c)(1) may be introduced

11 solely through the procedures for reconsideration of

12 a suspension order set forth in section 6(c)(4).

13 ‘‘(c) JURISDICTION OF DISTRICT COURTS.—The dis14 trict courts of the United States are vested with jurisdic15 tion over—

16 ‘‘(1) actions to enforce, and to prevent and re17 strain violations of, this Act; and

18 ‘‘(2) challenges to any other final actions that

19 are not committed to the Administrator’s discretion

20 by law and which are not subject to review in the

21 courts of appeals under subsection (a) of this sec22 tion.’’.

23 SEC. 14. INDEMNIFICATION.

24 INDEMNIFICATION.—Section 15 (7 U.S.C. 136m) is

25 amended by adding at the end the following:
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1 ‘‘(d) TIME LIMITATION FOR INDEMNITY PAYMENT.—

2 Any claim for an indemnity payment from the United

3 States under subsection (a) or (b) shall be barred unless

4 it is made no later than—

5 ‘‘(1) 1 year after enactment of this subsection

6 if the pesticide was canceled prior to the enactment

7 of this subsection (date); or

8 ‘‘(2) 3 years after cancellation if the pesticide

9 was canceled after the enactment of this sub10 section.’’.

11 SEC. 15. CERTIFICATION AND TRAINING.

12 INSTRUCTION IN INTEGRATED PEST MANAGEMENT

13 TECHNIQUES.—Section 11(c) (7 U.S.C. 136i(c)) is

14 amended to read as follows:

15 ‘‘(c) INSTRUCTION IN INTEGRATED PEST MANAGE16 MENT TECHNIQUES.—Standards prescribed by the Ad17 ministrator for the certification of applicators of pesticides

18 under subsection (a), and the State plans submitted to the

19 Administrator under subsections (a) and (b), shall include

20 provisions for making instructional materials concerning

21 integrated pest management techniques available to indi22 viduals at their request in accordance with the provisions

23 of section 23(c) of this Act. The Administrator and States

24 implementing such plans shall provide that all interested
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1 individuals are notified of the availability of such instruc2 tional materials.’’.

3 SEC. 16. PESTICIDE RECORDKEEPING.

4 Section 7 U.S.C. 136i–1(a) is amended as follows:

5 (1) In subsection (1), by striking ‘‘certified ap6 plicators’’ through ‘‘136a(d)(1)(C) of this title’’ and

7 inserting ‘‘users of pesticides when used in agricul8 tural production’’.

9 (2) In subsection (2), by striking ‘‘a commercial

10 certified’’ and inserting ‘‘a pesticide user’’.

11 (3) In subsection (b), by striking ‘‘individual

12 applicators’’ and inserting ‘‘individual users’’.

13 SEC. 17. ENFORCEMENT.

14 (a) DEFINITIONS.—

15 (1) Section 2(e) (7 U.S.C. 136e) is amended as

16 follows:

17 ‘‘(e) APPLICATOR.—

18 ‘‘(1) CERTIFIED APPLICATOR.—The term ‘cer19 tified applicator’ means any individual who is cer20 tified under section 136b of this title as authorized

21 to use or supervise the use of any pesticide which is

22 classified for restricted use. Any applicator who

23 holds or applies registered pesticides, or uses dilu24 tions of registered pesticides consistent with sub25 section (ee) of this section, only to provide a service
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1 of controlling pests without delivering any unapplied

2 pesticide to any person so served is not deemed to

3 be a seller or distributor of pesticides under this

4 subchapter.

5 ‘‘(2) COMMERCIAL APPLICATOR.—

6 ‘‘(A) Except as provided in subparagraph

7 (3), the term ‘commercial applicator’ means a

8 person who—

9 ‘‘(i) uses or supervises the use, for

10 any purpose or on any property, of any

11 pesticide that is classified for restricted

12 use;

13 ‘‘(ii) uses or supervises the use of any

14 pesticide for hire as a principal part of the

15 business or work of the person; or

16 ‘‘(iii) as an employee of a person de17 scribed in clause (ii), uses or supervises the

18 use of any pesticide.

19 ‘‘(3) PRIVATE APPLICATOR.—The term ‘private

20 applicator’ means a person who uses or supervises

21 the use of any pesticide that is classified for re22 stricted use for purposes of producing any agricul23 tural product—

24 ‘‘(A) On property owned or rented by such

25 person or the employer of such person; or
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1 ‘‘(B) On other property if applied without

2 compensation (other than trading of personal

3 services between producers of agricultural prod4 ucts).

5 ‘‘(4) UNDER THE DIRECT SUPERVISION OF A

6 CERTIFIED APPLICATOR.—Unless otherwise pre7 scribed by its labeling, a pesticide shall be consid8 ered to be used under the direct supervision of a cer9 tified applicator if the pesticide is applied by a per10 son acting under the instructions and control of a

11 certified applicator who is available if and when

12 needed, even though such certified applicator is not

13 physically present at the time and place the pesticide

14 is used.’’.

15 (2) Section 2 (7 U.S.C. 136) is amended by

16 adding at the end the following:

17 ‘‘(jj) PESTICIDE TESTING FACILITY.—The term ‘pes18 ticide testing facility’ means any place where any person

19 conducts any test, study, survey, or investigation of the

20 properties, effects, or behavior of any pesticide (or any in21 gredient, metabolite, or degradation product thereof), de22 vice, or container or packaging of any pesticide or device,

23 on its own behalf or on behalf of any registrant, applicant

24 for registration, or other person who sells or distributes
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1 the pesticide. The term does not include any place solely

2 on account of—

3 ‘‘(1) the participation of a commercial agricul4 tural producer as a cooperator in field testing of a

5 pesticide; or

6 ‘‘(2) the conduct of academic research at the

7 facility.

8 ‘‘(kk) PESTICIDE DEALER.—the term ‘pesticide deal9 er’ means any person who, in the ordinary course of busi10 ness, distributes, or sells any pesticide.

11 ‘‘(ll) AGRICULTURAL PRODUCER.—The term ‘agricul12 tural producer’ as used in this Chapter means a person

13 who produces any plant, or part thereof, or animal, or ani14 mal product, primarily for sale, consumption, propagation,

15 or other use by humans or animals, including farmers,

16 ranchers, vineyardists, plant propagators, Christmas tree

17 growers, aquaculturalists, floriculturalists, orchardists,

18 foresters, or other comparable persons, but not including

19 C corporations as defined in 26 U.S.C. 1362(a)(2).’’.

20 (b) RECORDKEEPING.—Section 8 (7 U.S.C. 136f) is

21 amended to read as follows:

22 ‘‘SEC. 8. RECORDS.

23 ‘‘(a) AUTHORITY TO REQUIRE RECORDS.—

24 ‘‘(1) IN GENERAL.—The Administrator, by reg25 ulation, shall require any producer, distributor, im-
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1 porter, or exporter of a pesticide, registrant, appli2 cant for registration, applicant for or holder of an

3 experimental use permit, pesticide testing facility, or

4 any holder of a pesticide that is the subject of a reg5 ulation or order issued under section 19(b) or under

6 subsection 106—

7 ‘‘(A) to prepare, and to maintain for rea8 sonable periods of time, such records as the Ad9 ministrator finds to be necessary for the effec10 tive implementation or enforcement of this Act;

11 ‘‘(B) to furnish to the Administrator re12 ports stating the location where the records are

13 maintained; and

14 ‘‘(C) to furnish a copy of any such record

15 to the Administrator on written request.

16 ‘‘(2) RECORDS OF COMMERCIAL APPLICA17 TORS.—The Administrator, by regulation, shall re18 quire each commercial applicator to maintain, and

19 may require a commercial applicator to provide the

20 Administrator, records of each pesticide application,

21 including the identity and quantity of pesticide ap22 plied and the date and location of such application,

23 for a period of 5 years after each such application.

24 ‘‘(3) RECORDS OF PESTICIDE DEALERS.—
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1 ‘‘(A) IN GENERAL.—The Administrator, by

2 regulation, shall require each pesticide dealer to

3 maintain a record of each sale or distribution

4 of—

5 ‘‘(i) a pesticide classified for restricted

6 use; and

7 ‘‘(ii) any other pesticide designated

8 for purposes of this subsection by order by

9 the Administrator if the Administrator de10 termines that such records may be nec11 essary to carry out the purposes of this

12 Act.

13 ‘‘(B) CONTENTS.—Such records shall in14 clude the identity of the pesticide sold or dis15 tributed, the identify of the person to whom the

16 pesticide was distributed or sold, the date of the

17 distribution or sale, and the amount of the pes18 ticide distributed or sold.

19 ‘‘(C) DURATION.—A pesticide dealer shall

20 maintain the records required under this sub21 section for 5 years after the date of the dis22 tribution or sale.

23 ‘‘(b) LIMITATIONS.—The Administrator may not,

24 under the authority of subsection (a), require any person

25 to maintain records of—
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1 ‘‘(1) financial data, pricing data, or sales data

2 other than shipment data;

3 ‘‘(2) personnel data, except for data concerning

4 exposure of employees to pesticides or ingredients of

5 pesticides, or concerning health effects on employees

6 that could reasonably be attributable to such expo7 sure; or

8 ‘‘(3) research or test data other than—

9 ‘‘(A) data relating to a registered pesticide;

10 ‘‘(B) data relating to any pesticide for

11 which an application for registration or for an

12 experimental use permit has been filed;

13 ‘‘(C) data relating to any pesticide for

14 which an exemption pursuant to section 18 has

15 been requested;

16 ‘‘(D) data relating to any pesticide for

17 which a regulation has been promulgated pursu18 ant to section 3(a);

19 ‘‘(E) data relating to testing at a pesticide

20 testing facility; or

21 ‘‘(F) data relating to the storage or dis22 posal of a pesticide whose registration has been

23 suspended or canceled.’’.

24 (c) INSPECTION AUTHORITY.—Section 9 (7 U.S.C.

25 136g) is amended to read as follows:
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1 ‘‘(a) AUTHORITY TO ENTER, INSPECT, COPY, AND

2 OBTAIN SAMPLES.—An officer or employee of the United

3 States or of any State, duly designated by the Adminis4 trator, is authorized at reasonable times as provided by

5 this section—

6 ‘‘(1) to enter and inspect—

7 ‘‘(A) any place where any pesticide, active

8 ingredient, or device is produced, sold, distrib9 uted, stored, packaged, used, or found;

10 ‘‘(B) any place where any records required

11 under this Act are kept;

12 ‘‘(C) any pesticide testing facility;

13 ‘‘(D) any place where such officer or em14 ployee has reason to believe that this Act has

15 been or is being violated; or

16 ‘‘(E) any place when the Administrator or

17 States seek information as part of an inquiry

18 into specific environmental or health problems.

19 ‘‘(2) to obtain—

20 ‘‘(A) samples of any pesticide (or any in21 gredient, metabolite, or degradation product

22 thereof) or device, or any container or packag23 ing of any pesticide or device;
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1 ‘‘(B) copies of any records required under

2 this Act or of any labels or labeling of a pes3 ticide, active ingredient, or device;

4 ‘‘(C) copies of documents related to com5 pliance with the provisions of this Act;

6 ‘‘(D) copies of any data or samples of any

7 specimens involved in the testing of any pes8 ticide (or any ingredient, metabolite, or deg9 radation product thereof) or device; or

10 ‘‘(E) samples of any places where pesticide

11 residues may be found, including without limi12 tation, agricultural commodities, animals, pests,

13 soil, or water:

14 Provided, That, nothing in this Act shall be construed as

15 authorizing officers or employees of the United States or

16 of any State to enter and inspect private residences or

17 land, property, and appurtenances used in agricultural

18 production unless there is a suspected violation of this Act

19 or the Administrator or any State is seeking information

20 as part of an inquiry into specific environmental or health

21 problems.

22 ‘‘(b) ADMINISTRATIVE WARRANTS.—An officer or

23 employee of the United States or of any State, duly au24 thorized by the Administrator, is empowered to obtain and

25 execute warrants authorizing—
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1 ‘‘(1) entry, inspection, and obtaining of evi2 dence for the purposes of this section or section 8;

3 ‘‘(2) inspection and copying of all records re4 quired under this Act or documents related to com5 pliance with the provisions of this Act; and

6 ‘‘(3) seizure of any pesticide, device, active in7 gredient, labeling, or packaging that is in violation

8 of this Act.

9 ‘‘(c) PROCEDURE.—

10 ‘‘(1) CREDENTIALS AND STATEMENTS.—Before

11 any entry or inspection of any premises not open to

12 the general public is made under this section, the

13 person conducting the inspection shall present to the

14 person in charge of the premises appropriate creden15 tials, and written statement of the reason for the

16 entry or inspection and whether a violation of this

17 Act is suspected.

18 ‘‘(2) PROMPTNESS.—Each entry or inspection

19 shall be commenced and completed with reasonable

20 promptness.

21 ‘‘(3) SAMPLES.—If the person conducting the

22 entry or inspection obtains any samples pursuant to

23 subparagraph 9(a)(2), before leaving the premises

24 such person shall give to the person in charge of the

25 premises a receipt describing the sample and, if re-
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1 quested and practicable, a portion of each such sam2 ple equal in volume or weight to the portion re3 tained. If an analysis is made of any such sample,

4 a copy of the results of such analysis shall be fur5 nished on request to the person in charge of the

6 premises.

7 ‘‘(d) COORDINATION.—The Administrator shall co8 ordinate actions taken under this section with actions

9 taken under other Federal laws for the purpose of avoiding

10 duplication of inspections.’’.

11 (d) CONFIDENTIAL BUSINESS INFORMATION TO

12 STATES.—Section 10 (7 U.S.C. 136h) is amended by add13 ing at the end the following:

14 ‘‘(h) DATA DISCLOSURE TO STATES.—The Adminis15 trator may disclose to a State any data or information

16 acquired under this Act if the State assures the Adminis17 trator, and the Administrator determines, that—

18 ‘‘(1) the submitter of the data or information

19 will receive no less protection with respect to the dis20 closure and use of the data or information by the

21 State than is otherwise provided by this Act; and

22 ‘‘(2) the laws of the State allow the submitter

23 of the data or information to recover just compensa24 tion in a civil action against the State for losses re25 sulting from the disclosure or use of the data or in-
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1 formation by the State or its employees or agents in

2 a manner inconsistent with this Act.’’.

3 (e) UNLAWFUL ACTS.—

4 (1) Section 12(a)(1) (7 U.S.C. 135j(a)(1)) is

5 amended to read as follows:

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) Except as provided in subsection (b), it

8 shall be unlawful for any person in any State to fail

9 or refuse to comply with any rule promulgated or

10 order issued under section 3, 4, or 8 of this Act, or

11 to distribute or sell to any person—’’.

12 (2) Section 12(a)(2)(B) (7 U.S.C. 136j

13 (a)(2)(B)) is amended to read as follows:

14 ‘‘(B) to refuse to—

15 ‘‘(i) prepare, maintain, or submit any

16 records required by or under section 5, 7,

17 8, 11, 17, or 19;

18 ‘‘(ii) submit any reports required by

19 or under section 5, 6, 7, 8, 11, 17, or 19;

20 or

21 ‘‘(iii) allow any entry, inspection,

22 copying of records, or sampling authorized

23 by this Act.’’.
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1 (3) Sections 12 (a)(2)(I), (M), (N), and (O) (7

2 U.S.C. 136j (a)(2)(I), (M), (N), (O)) are amended

3 to read as follows:

4 ‘‘(I) to violate any order or subpoena is5 sued under section 13;

6 ‘‘(M) to knowingly make any false material

7 statement, representation or certification in, fail

8 to maintain, omit material information from, or

9 alter, conceal, or fail to file, any notice, applica10 tion, record, report, or other document or infor11 mation required pursuant to this Act to be sub12 mitted, filed, or maintained (whether such re13 quirement is imposed by the Administrator or

14 by a State);

15 ‘‘(N) who is a registrant, wholesaler, deal16 er, retailer, or other distributor, commercial ap17 plicator, or private applicator, to fail to file re18 ports required by this Act;

19 ‘‘(O) to violate any regulation issued pur20 suant to this Act.’’.

21 (4) Section 12(a)(2) (7 U.S.C. 136j (a)(2)) is

22 amended by adding at the end the following;

23 ‘‘(U) who is a registrant, to violate any

24 term or condition of a registration issued pur25 suant to this Act;
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1 ‘‘(V) to violate any administrative order is2 sued pursuant to section 14(b) of the Act;’’.

3 (5) Section 12 (7 U.S.C. 136 (j)) is amended

4 by adding at the end of the following:

5 ‘‘(c) ACTS OF OFFICERS, AGENTS, ETC.—When con6 struing and enforcing the provisions of this Act, the act,

7 omission, or failure of any officer, employee, agent, or

8 other person acting for or employed by any person shall

9 be deemed to be the act, omission, or failure of such per10 son as well as that of the person employed.’’.

11 (f) SUBPOENAS.—Section 13 (7 U.S.C. 136k) is

12 amended by adding at the end the following:

13 ‘‘(e) SUBPOENA AUTHORITY.—In carrying out this

14 Act, the Administrator may by subpoena require the at15 tendance and testimony of witnesses and the production

16 of reports, papers, documents, answers to questions, and

17 other information that the Administrator deems necessary.

18 Witnesses shall be paid the same fees and mileage that

19 are paid witnesses in the courts of the United States. In

20 the event of contumacy, failure, or refusal of any person

21 to obey any such subpoena, any district court of the Unit22 ed States in which venue is proper shall have jurisdiction

23 to order any such person to comply with such subpoena.

24 Any failure to obey such an order of the court is punish25 able by the court as a contempt thereof.’’.
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1 (g) ENFORCEMENT AUTHORITY.—Section 14 (7

2 U.S.C. 136l) is amended to read as follows:

3 ‘‘(a) ENFORCEMENT AUTHORITIES.—

4 ‘‘(1) Whenever, on the basis of any information

5 available to the Administrator, the Administrator

6 finds that any person has violated, or is violation of,

7 any requirement of this Act, including, but not lim8 ited to, a requirement or prohibition of any rule,

9 order, or registration promulgated, issued, or ap10 proved under this Act, the Administrator may—

11 ‘‘(A) issue an administrative order in ac12 cordance with subsection (b) of this section, re13 quiring such person to comply with such re14 quirement or prohibition;

15 ‘‘(B) issue an administrative penalty order

16 in accordance with subsection (c) of this sec17 tion;

18 ‘‘(C) request the Attorney General to com19 mence a civil action in accordance with sub20 section (d) of this section; or

21 ‘‘(D) request the Attorney General to com22 mence a criminal action in accordance with sub23 section (e) of this section.

24 ‘‘(2) NOTICE TO STATE.—A copy of any (1) ad25 ministrative order issued pursuant to subsection (b)
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1 of this section, (2) administrative penalty order is2 sued pursuant to subsection (c) of this section, or

3 (3) civil judicial complaint filed pursuant to sub4 section (d) or subsection (g) of this section shall be

5 sent to the State agency regulating pesticides in the

6 State in which the violation occurs.

7 ‘‘(3) WARNING NOTICES.—The Administrator

8 may issue a warning notice for a first-time violation

9 of the Act by a private applicator, unless the viola10 tion is a knowing violation.

11 ‘‘(b) REQUIREMENTS FOR ADMINISTRATIVE OR12 DERS.—

13 ‘‘(1) IN GENERAL.—Any person who has vio14 lated, or is in violation of, any provision of this Act

15 or a regulation promulgated thereunder, may be or16 dered by the Administrator to cease their violative

17 activities or to comply with applicable requirements

18 of this Act or regulations issued under this Act.

19 ‘‘(2) CONTENTS OF ORDER.—Any order issued

20 under this subsection shall state with reasonable

21 specificity the nature of the violation and specify a

22 time for compliance which the Administrator deter23 mines is reasonable, taking into account the serious24 ness of the violation and any good faith efforts to

25 comply with applicable requirements. An order is-
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1 sued under this subsection shall require the person

2 to whom it was issued to comply with the require3 ment immediately or within a specified time period,

4 but in no event longer than one year after the date

5 the order was issued.

6 ‘‘(3) VIOLATION OF ORDER.—If a violator fails

7 to take corrective action within the time specified in

8 the order, the Administrator may assess a civil pen9 alty of not more than $25,000 for each day of con10 tinued noncompliance with the order.

11 ‘‘(4) CONSULTATION WITH ADMINISTRATOR.—

12 The recipient of an order issued under this section

13 (other than an administrative penalty order as de14 scribed in subsection (c)), shall have an opportunity,

15 within 10 days of the order’s issuance, to consult

16 with the Administrator or any duly designated rep17 resentative concerning the alleged violation.

18 ‘‘(5) OTHER REMEDIES AND OBLIGATIONS.—No

19 order issued under this subsection shall prevent the

20 State or the Administrator from assessing any pen21 alties nor otherwise affect or limit the State’s or the

22 United States’ authority to enforce under other pro23 visions of this Act, nor affect any person’s obliga24 tions to comply with any section of this Act or with
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1 a term or condition of any registration approved

2 under this Act.

3 ‘‘(6) TIMING OF REVIEW.—No Federal court

4 shall have jurisdiction under any Federal or State

5 law to review any order issued under this subsection

6 in any action except an action to enforce an order

7 issued under this subsection or to recover a civil

8 penalty for violation of, or noncompliance with such

9 order.

10 ‘‘(c) ADMINISTRATIVE ASSESSMENT OF CIVIL PEN11 ALTIES.—

12 ‘‘(1) IN GENERAL.—Any person who has vio13 lated, or is in violation of, any provision of this Act

14 or regulation promulgated thereunder shall be liable

15 to the United States for a civil penalty in an amount

16 not to exceed $25,000 or the economic benefit of

17 noncompliance, whichever is higher, for each such

18 violation. Each day such a violation continues shall,

19 for purposes of this subsection, constitute a separate

20 violation of the Act. The Administrator’s authority

21 under this paragraph shall be limited to matters

22 where the total penalty sought does not exceed

23 $400,000, except where the Administrator and the

24 Attorney General jointly determine that a matter or

25 matters involving a larger penalty amount are ap-
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1 propriate for administrative penalty action. Any such

2 determination by the Administrator and the Attor3 ney General shall not be subject to judicial review.

4 ‘‘(2) HEARING.—A civil penalty for a violation

5 of this Act shall be assessed by the Administrator by

6 an order made on the record after an opportunity

7 (provided in accordance with this subparagraph) for

8 a hearing in accordance with section 554 of Title 5,

9 United States Code. Before issuing such an order,

10 the Administrator shall give written notice to the

11 person to be assessed a civil penalty under such

12 order by the Administrator, and shall provide such

13 person an opportunity to request, within 15 days of

14 the date the notice is received by such person, such

15 a hearing on the order.

16 ‘‘(3) DETERMINATION OF PENALTY.—In deter17 mining the amount of a civil penalty, the Adminis18 trator shall take into account the nature, cir19 cumstances, extent, and gravity of the violation or

20 violations and, with respect to the violator, ability to

21 pay, effect on ability to continue to do business, any

22 history of prior such violations (including whether

23 the violation was a first-time violation), the degree

24 of culpability, the economic benefit of noncompli25 ance, and such other matters as justice may require.
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1 ‘‘(4) The minimum penalty the Administrator

2 must assess under this subsection upon a determina3 tion of liability is the amount of the economic benefit

4 resulting from the violation, where such economic

5 benefit, if any, is calculable, provided that nothing in

6 this subsection shall limit the Administrator’s discre7 tion to issue warning notices pursuant to section

8 14(a)(3) of the Act.

9 ‘‘(5) MODIFICATION OF PENALTY.—The Admin10 istrator may compromise, modify, or remit, with or

11 without conditions, any civil penalty which may be

12 imposed under this subsection. The amount of such

13 penalty, or the amount agreed upon in compromise,

14 may be deducted from any sums owing by the Unit15 ed States to the person charged.

16 ‘‘(6) JUDICIAL REVIEW.—Any person who re17 quested in accordance with paragraph (2) a hearing

18 respecting the assessment of a civil penalty and who

19 is aggrieved by an order assessing a civil penalty, or

20 against whom a civil penalty is assessed under para21 graph (8) of this subsection, may seek judicial re22 view in accordance with section 16(a)(2) of the Act.

23 ‘‘(7) FAILURE TO PAY.—

24 ‘‘(A) If a person fails to pay an assessment

25 of a civil penalty—
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1 ‘‘(i) after the order making the assess2 ment has become a final order and if such

3 person does not file a petition for judicial

4 review of the order in accordance with

5 paragraph (5), or

6 ‘‘(ii) after a court in an action

7 brought under paragraph (5) has entered a

8 final judgment in favor of the Adminis9 trator,

10 the Attorney General shall recover the amount

11 assessed (plus interest at currently prevailing

12 rates from the date of the expiration of the 30-

13 day period referred to in paragraph (5) or the

14 date of such final judgment, as the case may

15 be) in an action brought in any appropriate dis16 trict court of the United States. In such an ac17 tion, the validity, amount, and appropriateness

18 of such penalty shall not be subject to review.

19 ‘‘(B) Any person who fails to pay on a

20 timely basis a civil penalty ordered and assessed

21 under this section shall be required to pay, in

22 addition to such penalty and interest, the Unit23 ed States enforcement expenses, including but

24 not limited to attorney’s fees and costs incurred

25 by the United States for collection proceedings
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1 and a quarterly nonpayment penalty for each

2 quarter during which such failure to pay per3 sists. Such nonpayment penalty shall be 10 per4 cent of the aggregate amount of such person’s

5 outstanding penalties and nonpayment penalties

6 accrued as of the beginning of each quarter.

7 ‘‘(8) SUBPOENAS.—The Administrator, in con8 nection with administrative proceedings under this

9 subsection, may issue subpoenas compelling the at10 tendance and testimony of witnesses and the produc11 tion of documents, and may request the Attorney

12 General to bring an action to enforce any subpoena

13 issued under this paragraph. The district courts of

14 the United States shall have jurisdiction to enforce

15 such subpoenas and impose sanctions.

16 ‘‘(d) CIVIL JUDICIAL ENFORCEMENT.—

17 ‘‘(1) IN GENERAL.—The Administrator may

18 commence a civil action for a temporary or perma19 nent injunction, and/or to compel compliance, and/or

20 to assess and recover a civil penalty of not more

21 than $25,000 or the economic benefit of noncompli22 ance, whichever is higher, for each day of violation,

23 whenever such a person has violated or is in viola24 tion of a requirement or prohibition of this Act, or

25 a regulation promulgated thereunder.
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1 ‘‘(2) JURISDICTION.—Any action under this

2 subsection may be brought in the district court for

3 the United States for the district in which the viola4 tion is alleged to have occurred, or is occurring, or

5 in which the defendant resides, or where the defend6 ant’s principal place of business is located, and such

7 court shall have jurisdiction to restrain such viola8 tion, to require compliance, to assess civil penalties,

9 to collect any fees owed the United States under this

10 Act, and to award any other appropriate relief.

11 ‘‘(3) DETERMINATION OF PENALTY.—In deter12 mining the amount of a civil penalty, the court shall

13 take into account the factors enumerated in sub14 section (c)(3) of this section.

15 ‘‘(4) MINIMUM PENALTY.—The minimum pen16 alty the court must assess under this subsection

17 upon a determination of liability is the amount of

18 the economic benefit, if any, resulting from the vio19 lation, where such economic benefit is calculable.

20 ‘‘(e) CRIMINAL PENALTIES.—

21 ‘‘(1) Any person who negligently commits any

22 act prohibited under section 136j of this title shall,

23 upon conviction, be punished by a fine of not more

24 than $25,000 for each day of violation, or by impris25 onment for not more than one year, or both. If the
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1 conviction is for a violation committed after a first

2 conviction of such person under this paragraph, the

3 maximum punishment shall be doubled with respect

4 to both fine and imprisonment.

5 ‘‘(2) Any person who knowingly commits any

6 act prohibited under section 136j of this title shall,

7 upon conviction, be punished by a fine of not more

8 than $50,000 for each day of violation, or by impris9 onment for not more than 5 years, or both. If the

10 conviction is for a violation committed after a first

11 conviction of such person under this paragraph, the

12 maximum punishment shall be doubled with respect

13 to both fine and imprisonment.

14 ‘‘(3)(A) Any person who commits any violation

15 under paragraph (2) of this subsection and in the

16 course of or in connection with committing such vio17 lation knows at the time that he places another per18 son in imminent danger of death or serious bodily

19 injury, shall, upon conviction, be punished by a fine

20 of not more than $250,000 or imprisonment of not

21 more than 15 years, or both. A person which is an

22 organization shall, upon conviction of violating this

23 subparagraph, be subject to a fine of not more than

24 $1,000,000. If a conviction of a person is for a viola25 tion committed after a first conviction of such per-
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1 son under this subparagraph, the maximum punish2 ment shall be doubled with respect to both fine and

3 imprisonment.

4 ‘‘(B) For purposes of this subparagraph—

5 ‘‘(i) the term ‘‘imminent danger’’ means

6 the existence of a condition or set of conditions

7 that could reasonably be expected to cause

8 death or serious bodily injury unless the condi9 tion is remedied; and

10 ‘‘(ii) the term ‘‘serious bodily injury’’

11 means bodily injury which involves a substantial

12 risk of death, unconsciousness, extreme physical

13 pain, protracted and obvious disfigurement, or

14 protracted loss or impairment of the function of

15 a bodily member, organ, or mental faculty.

16 ‘‘(4) Notwithstanding any other provision of

17 law, a court may make the following disposition of

18 fines imposed under this Title, in addition to pay19 ment, if any, to the United States Treasury:

20 ‘‘(A) Upon recommendation of the United

21 States, and in accordance with the terms of

22 such recommendation, the court may pay to an

23 individual who has given information or services

24 leading to a criminal conviction under this Title

25 an amount from the criminal fine assessed as a
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1 result of any violation of this subchapter not

2 more than the lesser of one-half the fine im3 posed or $50,000.

4 ‘‘(B) Upon recommendation of the United

5 States, and in accordance with the terms of

6 such recommendation, the court may pay to any

7 State, municipality, or other political subdivi8 sion of a State, which has given significant sup9 port to the prosecution or investigation leading

10 to a conviction under this title, an amount not

11 more than one-half of the fine imposed for that

12 conviction.

13 ‘‘(f) EMERGENCY POWERS.—Notwithstanding any

14 other provision of this Act, the Administrator, upon re15 ceipt of evidence that a specific use of a pesticide or pes16 ticide device is presenting an imminent and substantial

17 endangerment to public health or welfare, or the environ18 ment, may request the Attorney General to bring suit on

19 behalf of the United States in the appropriate United

20 States district court to immediately restrain any person

21 using such pesticide or device to stop the activity or to

22 take such other action as may be necessary, provided that

23 relief under this subsection does not include suspension

24 under section 6(c) of the Act and is not available where

25 the Administrator, in his discretion, determines that a sus-
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1 pension under section 6(c) is adequate to stop or prevent

2 the imminent and substantial endangerment. If it is not

3 practicable to assure prompt protection of public health

4 or welfare or the environment by commencement of such

5 civil action, the Administrator may issue such orders as

6 may be necessary to protect public health or welfare or

7 the environment. Any order issued by the Administrator

8 under this section shall be effective upon issuance and

9 shall remain in effect for a period of not more than 60

10 days, unless an action is brought pursuant to the first sen11 tence of this section before the expiration of that period.

12 Whenever such an action is brought within the 60-day pe13 riod, the order shall remain in effect for an additional 14

14 days or for such longer period as may be authorized by

15 the court in which such action is brought. Any order is16 sued under this paragraph shall not be subject to judicial

17 review except during judicial enforcement proceedings

18 brought by the Attorney General or his delegate. Nothing

19 herein shall diminish the right of any person subject to

20 a suspension proceeding under section 6(c) of the Act.’’.

21 (h) CONTRACTOR LISTING.—Section 32 (7 U.S.C.

22 136 (z)) is added following section 31—

23 ‘‘SEC. 32. FEDERAL PROCUREMENT.—

24 ‘‘(a) CONTRACTS PROHIBITED WITH CONVICTED

25 VIOLATORS.—No Federal agency may enter into any con-
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1 tract, grant, or loan with any person who has been con2 victed of any offense under section 1361 of this title, if

3 the contract for the procurement of goods, materials, and

4 services, or the grant or loan is to be performed, in whole

5 or in any part, at any facility at which the violation which

6 gave rise to such conviction occurred, and if sucy facility

7 is owned, operated, leased, or supervised at the time of

8 the violation by such person. The prohibition in the pre9 ceding sentence shall continue until the Administrator cer10 tifies that the condition giving rise to such conviction has

11 been corrected.

12 ‘‘(b) NOTIFICATION.—The Administrator shall estab13 lish procedures to provide all Federal agencies with the

14 notification necessary for the purposes of subsection (a).

15 ‘‘(c) DISCLOSURE.—Each applicant who seeks to par16 ticipate in a Federal contract, grant, or loan shall disclose

17 any conviction described in subsection (a) to each appro18 priate Federal agency.

19 ‘‘(d) EXEMPTIONS.—The President may exempt any

20 contract, loan, or grant from all or part of the provisions

21 of this section where he determines such exemption is nec22 essary in the paramount interest of the United States and

23 he shall notify the Congress of such exemption.’’.

24 (i) CITIZEN SUITS.—Section 33 (7 U.S.C. 136aa) is

25 added following section 32 to read as follows:
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1 ‘‘SEC. 33. CITIZEN SUITS.—

2 ‘‘(a) Except as provided in subsection (b), any person

3 may commence a civil action on his own behalf—

4 ‘‘(1) against any person (including any govern5 mental instrumentality or agency to the extent per6 mitted by the Eleventh Amendment to the Constitu7 tion) who is alleged to have violated or to be in vio8 lation of any provision of the Act or any rule pro9 mulgated thereunder, except that no such action

10 may be brought against any agricultural producer

11 who is alleged to have committed a violation or to

12 be in violation while engaged in the production of

13 any agricultural product; or

14 ‘‘(2) against any Federal official where there is

15 alleged a failure of the Federal official to perform

16 any act or duty under this Act which is not discre17 tionary with the Federal official.

18 The district courts shall have jurisdiction, without regard

19 to the amount in controversy or the citizenship of the par20 ties, to enforce the Act and the regulations promulgated

21 thereunder, to order any appropriate relief under section

22 XX of the Act, and to impose any appropriate civil pen23 alties (except for actions under subsection (2)) for viola24 tions of the Act. The district court shall have jurisdiction

25 in actions brought under subsection (a)(2) against the
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1 Federal official to order the Federal official to perform

2 such act or duty.

3 ‘‘(b) No actions may be commenced—

4 ‘‘(1) under subsection (a)(1)—

5 ‘‘(A) prior to 60 days after the plaintiff

6 has given notice of the violation to the Adminis7 trator, to the State in which the violation oc8 curs, and to any alleged violator; or

9 ‘‘(B) if the Administrator or State with

10 primary enforcement responsibility under sec11 tion 26 of the Act has commenced and is dili12 gently prosecuting a civil or criminal action in

13 a court of the United States or a State or a

14 Federal administrative penalty action to require

15 compliance with the Act or a regulation promul16 gated thereunder, but in any such civil action

17 any person may intervene as a matter of right.

18 ‘‘(2) under subsection (a)(2) prior to 60 days

19 after the plaintiff has given notice of such action to

20 the Federal official.

21 Notices under this subsection shall be given in such man22 ner as the Administrator shall prescribe by regulation.

23 ‘‘(c) Any person may request the Administrator or

24 a State with primary enforcement authority to commence

25 an action against any agricultural producer who is alleged
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1 to have violated or to be in violation of any provision of

2 the Act or any rule promulgated thereunder while engaged

3 in the production of any agricultural product. A copy of

4 such a request shall be given to the alleged violator. With5 in 60 days after such request is made to the Administrator

6 or a State, the Administrator or State shall either—

7 ‘‘(1) commence an action against the alleged vi8 olator;

9 ‘‘(2) provide to the person making the request

10 a written response that (A) states the Administra11 tor’s or the State’s decision not to take enforcement

12 action against the alleged violator, and (B) describes

13 any other action the Administrator or State has

14 taken or intends to take in connection with the al15 leged violation.

16 The response of the Administrator or State under sub17 section (c)(2) shall not be subject to judicial review.

18 ‘‘(d) (1) In any action under this section, the United

19 States may intervene as a matter of right at any time in

20 the proceeding. A judgment in an action under this section

21 to which the United States is not a party shall not have

22 any binding effect upon the United States.

23 ‘‘(2) Whenever any action is brought under this sec24 tion the plaintiff shall serve a copy of the complaint on

25 the Attorney General of the United States and on the Ad-
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1 ministrator. No consent judgment shall be entered in an

2 action brought under this section in which the United

3 States is not a party prior to 60 days following the receipt

4 of a copy of the proposed consent judgment by the Attor5 ney General and the Administrator during which time the

6 Government may submit its comments on the proposed

7 consent judgment to the court and parties or may inter8 vene as a matter of right. The court shall not approve

9 a proposed consent judgment that is inappropriate, im10 proper, inadequate, or inconsistent with the purposes or

11 requirements of the Act, and shall consider any views ex12 pressed by the United States with respect to the consent

13 judgment.

14 ‘‘(e) The court, in issuing any final order in any ac15 tion brought pursuant to subsection (a) of this section,

16 may award costs of litigation (including reasonable attor17 ney and expert witness fees) to any prevailing or substan18 tially prevailing party. The court may, if a temporary re19 straining order or preliminary injunction is sought, require

20 the filing of a bond or equivalent security in accordance

21 with the Federal Rules of Civil Procedure.

22 ‘‘(f) Nothing in this section shall restrict any right

23 which any person, or class of persons, may have under

24 any statute or common law to seek enforcement of any
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1 requirement or to seek any other relief (including relief

2 against Federal officials or a State agency).

3 ‘‘(g) Any action under this section shall be brought

4 in accordance with the provisions of 28 U.S.C. section

5 1391.’’.

6 (j) INDIAN TRIBES.—Section 34 (7 U.S.C. 136bb) is

7 added following section 33 to read as follows:

8 ‘‘SEC. 34. INDIAN TRIBES.

9 ‘‘(1) IN GENERAL.—The Administrator shall

10 promulgate regulations to treat Indian tribes in the

11 manner that States are treated under the Act. Such

12 treatment shall be authorized only if—

13 ‘‘(A) the Indian tribe is recognized by the

14 Secretary of the Interior and has a governing

15 body carrying out appropriate governmental du16 ties and powers; and

17 ‘‘(B) the functions to be exercised by the

18 Indian tribe are within the area of the tribe’s

19 jurisdiction.’’.

20 SEC. 18. WHISTLE BLOWER.

21 Section 35 (7 U.S.C. 136cc) is added following sec22 tion 34 to read as follows:

23 ‘‘SEC. 35. WHISTLE BLOWER.—

24 ‘‘(a) IN GENERAL.—No employer may discharge any

25 employee or otherwise discriminate against any employee
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1 with respect to the employee’s compensation, terms, condi2 tions, or privileges of employment because the employee

3 (or any persons acting pursuant to a request of the em4 ployee) has—

5 ‘‘(1) commenced, caused to be commenced, or is

6 about to commence or cause to be commenced a pro7 ceeding under this chapter;

8 ‘‘(2) testified or is about to testify in any such

9 proceeding; or

10 ‘‘(3) assisted or participated or is about to as11 sist or participate in any manner in such a proceed12 ing or in any other action to carry out the purposes

13 of this chapter.

14 ‘‘(b) REMEDY.—

15 ‘‘(1) Any employee who believes that the em16 ployee has been discharged or otherwise discrimi17 nated against by any person in violation of sub18 section (a) of this section may, within 30 days after

19 such alleged violation occurs, file (or have any per20 son file on the employee’s behalf) a complaint with

21 the Secretary of Labor (hereafter in this section re22 ferred to as the ‘Secretary’) alleging such discharge

23 or discrimination. Upon receipt of such a complaint,

24 the Secretary shall notify the person named in the

25 complaint of the filing of the complaint.
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1 ‘‘(2)(A) Upon receipt of a complaint filed under

2 paragraph (1), the Secretary shall conduct an inves3 tigation of the violation alleged in the complaint.

4 Within 120 days of the receipt of such complaint,

5 the Secretary shall complete such investigation and

6 shall notify in writing the complainant (and any per7 son acting on behalf of the complainant) and the

8 person alleged to have committed such violation of

9 the results of the investigation conducted pursuant

10 to this paragraph. Within 90 days of the receipt of

11 such complaint the Secretary shall, unless the pro12 ceeding on the complaint is terminated by the Sec13 retary on the basis of a settlement entered into by

14 the Secretary and the person alleged to have com15 mitted such violation, issue an order either providing

16 the relief prescribed by subparagraph (B) or denying

17 the complaint. An order of the Secretary shall be

18 made on the record after notice and opportunity for

19 agency hearing. The Secretary may not enter into a

20 settlement terminating a proceeding on a complaint

21 without the participation and consent of the com22 plainant.

23 ‘‘(B) If in response to a complaint filed under

24 paragraph (1) the Secretary determines that a viola25 tion of subsection (a) of this section has occurred,
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1 the Secretary shall order (i) the person who commit2 ted such violation to take affirmative action to abate

3 the violation, (ii) such person to reinstate the com4 plainant to the complainant’s former position to5 gether with compensation (including back pay)

6 terms, condition, and privileges of the complainant’s

7 employment, (iii) compensatory damages, and (iv)

8 where appropriate, exemplary damages. If such an

9 order is issued, the Secretary, at the request of the

10 complainant shall assess against the person against

11 whom the order is issued a sum equal to the aggre12 gate amount of all costs and expenses (including at13 torney’s fees), reasonably incurred, as determined by

14 the Secretary, by the complainant for, or in connec15 tion with, the bringing of the complaint upon which

16 the order was issued.

17 ‘‘(c) REVIEW.—

18 ‘‘(1) Any employee or employer adversely af19 fected or aggrieved by an order issued under sub20 section (b) of this section may obtain review of the

21 order in the United States court of appeals for the

22 circuit in which the violation, with respect to which

23 the order was issued, allegedly occurred. The peti24 tion for review must be filed within 60 days from the
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1 issuance of the Secretary’s order. Review shall con2 form to chapter 7 of title 5.

3 ‘‘(2) An order of the Secretary, with respect to

4 which review could have been obtained under para5 graph (1), shall not be subject to judicial review in

6 any criminal or other civil proceeding.

7 ‘‘(d) ENFORCEMENT.—Whenever a person has failed

8 to comply with an order issued under subsection (b)(2)

9 of this section, the Secretary shall file a civil action in

10 the United States district court for the district in which

11 the violation was found to occur to enforce such order.

12 In actions brought under this subsection, the district

13 courts shall have jurisdiction to grant all appropriate re14 lief, including injunctive relief and compensatory and ex15 emplary damages.

16 ‘‘(e) EXCLUSION.—Subsection (a) of this section

17 shall not apply with respect to any employee who, acting

18 without direction from the employee’s employer (or any

19 agent of the employer), deliberately causes a violation of

20 any requirement of this chapter.’’.

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