II 

109TH CONGRESS 

1ST SESSION S. 2042 

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to implement pesticide-related obligations of the United States under the international conventions or protocols known as the PIC Convention, the 

POPs Convention, and the LRTAP POPs Protocol. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2005 

Mr. CHAMBLISS (for himself and Mr. HARKIN) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Federal Insecticide, Fungicide, and 

Rodenticide Act to implement pesticide-related obligations of the United States under the international conventions or protocols known as the PIC Convention, the 

POPs Convention, and the LRTAP POPs Protocol. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘POPs, LRTAP POPs, 

5 and PIC Implementation Act of 2005’’. 
2 

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1 SEC. 2. DEFINITIONS. 

2 Section 2 of the Federal Insecticide, Fungicide, and 

3 Rodenticide Act (7 U.S.C. 136) is amended by adding at 

4 the end the following: 

5 ‘‘(pp) CONFERENCE.—The term ‘Conference’ means 

6 the Conference of the Parties established by paragraph 1 

7 of Article 19 of the POPs Convention. 

8 ‘‘(qq) CONFERENCE LISTING DECISION.—The term 

9 ‘Conference listing decision’ means a decision by the Con10 ference to approve an amendment to list a pesticide in 

11 Annex A or B to the POPs Convention. 

12 ‘‘(rr) DESIGNATED NATIONAL AUTHORITY.—The 

13 term ‘designated national authority’ means 1 or more au14 thorities that a government has designated in a notifica15 tion to the Secretariat of the PIC Convention in accord16 ance with Article 4 of the PIC Convention. 

17 ‘‘(ss) EXECUTIVE BODY.—The term ‘Executive 

18 Body’ means the Executive Body established by Article 10 

19 of the LRTAP Convention. 

20 ‘‘(tt) EXECUTIVE BODY DECISION 1998/2.—The 

21 term ‘Executive Body Decision 1998/2’ means the decision 

22 of the Executive Body titled ‘Executive Body Decision 

23 1998/2 on Information to Be Submitted and the Proce24 dure for Adding Substances to Annexes I, II, or III to 

25 the Protocol on Persistent Organic Pollutants’ and any 
3 

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1 other Executive Body decision done pursuant to Article 

2 14 of the LRTAP POPs Protocol. 

3 ‘‘(uu) LRTAP CONVENTION.—The term ‘LRTAP 

4 Convention’ means the Convention on Long-Range 

5 Transboundary Air Pollution, done at Geneva on Novem6 ber 13, 1979 (TIAS 10541), and any subsequent amend7 ments to which the United States is a party. 

8 ‘‘(vv) LRTAP POPS PESTICIDE.—The term 

9 ‘LRTAP POPs pesticide’ means— 

10 ‘‘(1) aldrin; 

11 ‘‘(2) chlordane; 

12 ‘‘(3) chlordecone; 

13 ‘‘(4) dichlorodiphenyltrichloroethane (DDT); 

14 ‘‘(5) dieldrin; 

15 ‘‘(6) endrin; 

16 ‘‘(7) hexachlorocyclohexane (HCH); 

17 ‘‘(8) heptachlor; 

18 ‘‘(9) hexachlorobenzene; 

19 ‘‘(10) hexabromobiphenyl; 

20 ‘‘(11) mirex; 

21 ‘‘(12) polychlorinated biphenyls (PCBs); 

22 ‘‘(13) toxaphene; and 

23 ‘‘(14) any other pesticide— 

24 ‘‘(A) that is listed on Annex I or II of the 

25 LRTAP POPs Protocol; 
4 

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1 ‘‘(B) that has no existing United States 

2 registrations that would prevent the United 

3 States from complying with its obligations 

4 under the LRTAP POPs Protocol if the United 

5 States were to become a party to the LRTAP 

6 POPs Protocol for that pesticide; and 

7 ‘‘(C) for which an amendment listing the 

8 pesticide on Annex I or II of the LRTAP POPs 

9 Protocol has entered into force for the United 

10 States. 

11 ‘‘(ww) LRTAP POPS PROTOCOL.—The term 

12 ‘LRTAP POPs Protocol’ means the Protocol on Persistent 

13 Organic Pollutants to the LRTAP Convention, done at 

14 Aarhus on June 24, 1998, and any subsequent amend15 ment to which the United States is a party. 

16 ‘‘(xx) PIC CONVENTION.—The term ‘PIC Conven17 tion’ means the Rotterdam Convention on the Prior In18 formed Consent Procedure for Certain Hazardous Chemi19 cals and Pesticides in International Trade, done at Rot20 terdam on September 10, 1998, and any subsequent 

21 amendment to which the United States is a party. 

22 ‘‘(yy) POPS CONVENTION.—The term ‘POPs Con23 vention’ means the Stockholm Convention on Persistent 

24 Organic Pollutants, done at Stockholm on May 22, 2001, 
5 

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1 and any subsequent amendment to which the United 

2 States is a party. 

3 ‘‘(zz) POPS PESTICIDE.—The term ‘POPs pesticide’ 

4 means— 

5 ‘‘(1) aldrin; 

6 ‘‘(2) chlordane; 

7 ‘‘(3) dichlorodiphenyltrichloroethane (DDT); 

8 ‘‘(4) dieldrin; 

9 ‘‘(5) endrin; 

10 ‘‘(6) heptachlor; 

11 ‘‘(7) hexachlorobenzene; 

12 ‘‘(8) mirex; 

13 ‘‘(9) polychlorinated biphenyls (PCBs); 

14 ‘‘(10) toxaphene; and 

15 ‘‘(11) any other pesticide— 

16 ‘‘(A) that is listed on Annex A or B of the 

17 POPs Convention; 

18 ‘‘(B) that has no existing United States 

19 registrations that would prevent the United 

20 States from complying with its obligations 

21 under the POPs Convention if the United 

22 States were to become a party to the POPs 

23 Convention for that pesticide; and 

24 ‘‘(C) for which an amendment listing the 

25 pesticide on Annex A or B of the POPs Con-
6 

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1 vention has entered into force for the United 

2 States. 

3 ‘‘(aaa) POPS REVIEW COMMITTEE.—The term 

4 ‘POPs Review Committee’ means the Persistent Organic 

5 Pollutants Review Committee established under paragraph 

6 6 of Article 19 of the POPs Convention.’’. 

7 SEC. 3. POPS CONVENTION, LRTAP POPS PROTOCOL, AND 

8 PIC CONVENTION. 

9 Section 17 of the Federal Insecticide, Fungicide, and 

10 Rodenticide Act (7 U.S.C. 136o) is amended— 

11 (1) in the section heading, by striking ‘‘IM12 PORTS AND EXPORTS.’’ and inserting ‘‘IMPORTS, 

13 EXPORTS, AND INTERNATIONAL CONVEN14 TIONS.’’; 

15 (2) in subsection (a)— 

16 (A) in the matter preceding paragraph (1), 

17 by striking ‘‘this Act—’’ and inserting ‘‘this 

18 Act, if—’’; 

19 (B) in paragraph (1)— 

20 (i) by striking ‘‘when’’ and inserting 

21 ‘‘the pesticide or device or active ingredient 

22 used in producing a pesticide is’’; and 

23 (ii) by striking ‘‘and’’ after the semi24 colon; and 
7 

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1 (C) by striking paragraph (2) and all that 

2 follows and inserting the following: 

3 ‘‘(2) in the case of any pesticide other than a 

4 pesticide registered under section 3 or sold under 

5 section 6(a)(1), the foreign purchaser has, prior to 

6 export, signed a statement acknowledging that the 

7 purchaser understands that the pesticide is not reg8 istered for use in the United States and cannot be 

9 sold in the United States under this Act; and 

10 ‘‘(3) the export is in compliance with all of the 

11 applicable provisions of this section. 

12 A copy of the statement under paragraph (2) shall be 

13 transmitted to an appropriate official of the government 

14 of the importing country.’’; 

15 (3) in subsection (c)— 

16 (A) by redesignating the first through 

17 fourth sentences as paragraphs (1) through (4), 

18 respectively; and 

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

20 ‘‘(5) PROHIBITED IMPORTS.—Nothing in this 

21 subsection permits the importation of any POPs pes22 ticide or LRTAP POPs pesticide that otherwise is 

23 prohibited under subsection (e).’’; 

24 (4) in the subsection heading of subsection (d), 

25 by inserting ‘‘GENERALLY’’after ‘‘EFFORTS’’; and 
8 

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1 (5) by striking subsection (e) and inserting the 

2 following: 

3 ‘‘(e) POPS CONVENTION, LRTAP POPS PROTOCOL, 

4 AND PIC CONVENTION.— 

5 ‘‘(1) IN GENERAL.—The Administrator shall, in 

6 cooperation with the Department of State and any 

7 other appropriate Federal agency, participate in 

8 technical cooperation and capacity building activities 

9 designed to support implementation of the POPs 

10 Convention, the LRTAP POPs Protocol, and the 

11 PIC Convention. 

12 ‘‘(2) PROHIBITIONS.—No person may sell, dis13 tribute, use, produce, or dispose of a POPs pesticide 

14 or LRTAP POPs pesticide in a manner inconsistent 

15 with obligations of the United States under the 

16 POPs Convention or LRTAP POPs Protocol. 

17 ‘‘(3) NOTICE AND REPORT AFTER DECISION

18 THAT SCREENING CRITERIA ARE MET UNDER POPS

19 CONVENTION OR AFTER RISK PROFILE SUBMITTED

20 UNDER LRTAP POPS PROTOCOL.— 

21 ‘‘(A) APPLICABILITY.—This paragraph ap22 plies if— 

23 ‘‘(i) the POPs Review Committee or 

24 Conference decides— 
9 

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1 ‘‘(I) under paragraph 4(a) of Ar2 ticle 8 of the POPs Convention, that 

3 a proposal for listing a pesticide in 

4 Annex A, B, or C to the POPs Con5 vention fulfills the screening criteria 

6 specified in Annex D to the POPs 

7 Convention; or 

8 ‘‘(II) under paragraph 5 of Arti9 cle 8 of the POPs Convention, that 

10 such a proposal shall proceed; or 

11 ‘‘(ii) a party to the LRTAP POPs 

12 Protocol submits to the Executive Body a 

13 risk profile in support of a proposal to list 

14 a pesticide in Annex I, II, or III to the 

15 LRTAP POPs Protocol. 

16 ‘‘(B) NOTICE.—Not later than 45 days 

17 after the date of the POPs Review Committee 

18 or Conference decision on a proposal or the 

19 submission of a risk profile in support of a pro20 posal under the LRTAP POPs Protocol de21 scribed in clause (i) or (ii) of subparagraph (A), 

22 respectively, the Administrator shall— 

23 ‘‘(i) publish in the Federal Register a 

24 notice of the proposal; and 
10 

•S 2042 IS 

1 ‘‘(ii) provide opportunity for comment 

2 on the proposal. 

3 ‘‘(C) REQUIRED ELEMENTS OF NOTICE.— 

4 A notice under subparagraph (B) shall— 

5 ‘‘(i) identify the pesticide that is the 

6 subject of the proposal; 

7 ‘‘(ii) include a summary of the process 

8 under the POPs Convention or the 

9 LRTAP POPs Protocol for the submission 

10 of a proposal and listing of a pesticide that 

11 is the subject of a proposal (including cri12 teria applied in that process); 

13 ‘‘(iii) include— 

14 ‘‘(I) a summary of the POPs Re15 view Committee or Conference deci16 sion and the basis for the decision; or 

17 ‘‘(II) a summary of the risk pro18 file that a party to the LRTAP POPs 

19 Protocol submitted to the Executive 

20 Body; 

21 ‘‘(iv) request information relevant to 

22 and comment on— 

23 ‘‘(I) in the case of a pesticide 

24 proposed for listing in an Annex to 

25 the POPs Convention, the information 
11 

•S 2042 IS 

1 requirements and screening criteria 

2 elements covered under Annex D to 

3 the POPs Convention; or 

4 ‘‘(II) in the case of a pesticide 

5 proposed for listing in an Annex to 

6 the LRTAP POPs Protocol, the infor7 mation referenced in paragraph 6(a) 

8 of Article 14 of the LRTAP POPs 

9 Protocol; 

10 ‘‘(v) request information described in 

11 subparagraph (D); 

12 ‘‘(vi) include any other information 

13 that the Administrator considers to be rel14 evant to the proposal; 

15 ‘‘(vii) request information and com16 ment on— 

17 ‘‘(I) information relevant to the 

18 risk profile of the POPs Review Com19 mittee covered under Annex E to the 

20 POPs Convention; and 

21 ‘‘(II) information relevant to any 

22 technical review conducted under 

23 paragraph 2 of Executive Body Deci24 sion 1998/2; and 
12 

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1 ‘‘(viii) include a statement that any 

2 information submitted may be part of the 

3 record of any cancellation proceeding re4 lated to the pesticide that the Adminis5 trator may undertake under section 6. 

6 ‘‘(D) PROVISION OF INFORMATION.— 

7 ‘‘(i) PROVISION OF INFORMATION

8 UNDER POPS CONVENTION.—Not later 

9 than 60 days after the date of publication 

10 of the notice under subparagraph (B) re11 garding a proposal to list a pesticide on an 

12 Annex to the POPs Convention, or not 

13 later than a later date as determined by 

14 the Administrator, any interested person 

15 may provide to the Administrator informa16 tion or comment on— 

17 ‘‘(I) the annual quantity of the 

18 pesticide manufactured and the 1 or 

19 more locations of the manufacture; 

20 ‘‘(II) the uses of the pesticide; 

21 ‘‘(III) the approximate annual 

22 quantity of the pesticide that is re23 leased into the environment; and 

24 ‘‘(IV) other information or moni25 toring data relating to the pesticide 
13 

•S 2042 IS 

1 that is consistent with the information 

2 specified in paragraph 1 of Annex D, 

3 and subsections (b) through (e) of 

4 Annex E, to the POPs Convention. 

5 ‘‘(ii) PROVISION OF INFORMATION

6 UNDER LRTAP POPS PROTOCOL.—Not later 

7 than 60 days after the date of publication 

8 of the notice under subparagraph (B) re9 garding a proposal to list a pesticide on an 

10 Annex of the LRTAP POPs Protocol, or 

11 not later than a later date as determined 

12 by the Administrator, any interested per13 son may provide to the Administrator in14 formation on— 

15 ‘‘(I) the potential for long-range 

16 transboundary atmospheric transport 

17 of the pesticide; 

18 ‘‘(II) the toxicity of the pesticide; 

19 ‘‘(III) the persistence of the pes20 ticide, including biotic degradation 

21 process and rates of degradation prod22 ucts; 

23 ‘‘(IV) the bioaccumulation of the 

24 pesticide, including bioavailability; 
14 

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1 ‘‘(V) the annual quantity of the 

2 pesticide manufactured and the 1 or 

3 more locations of the manufacture; 

4 ‘‘(VI) the uses of the pesticide; 

5 ‘‘(VII) the approximate annual 

6 quantity of the pesticide released into 

7 the environment; 

8 ‘‘(VIII) environmental monitoring 

9 data relating to the pesticide (in areas 

10 distant from sources); 

11 ‘‘(IX) information on— 

12 ‘‘(aa) alternatives to the 

13 uses of the pesticide and the effi14 cacy of each alternative; and 

15 ‘‘(bb) known adverse envi16 ronmental or human health ef17 fects associated with each alter18 native; 

19 ‘‘(X) information on— 

20 ‘‘(aa) process changes, con21 trol technologies, operating prac22 tices, and other pollution preven23 tion techniques that can be used 

24 to reduce the emissions of the 

25 pesticide; and 
15 

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1 ‘‘(bb) the applicability and 

2 effectiveness of each technique 

3 describe in item (aa); and 

4 ‘‘(XI) information on nonmone5 tary costs and benefits and the quan6 tifiable costs and benefits associated 

7 with the use of each alternative de8 scribed in subclause (IX) or technique 

9 described in subclause (X)(aa). 

10 ‘‘(E) REPORT BY THE ADMINISTRATOR.— 

11 Not later than 240 days after the date of publi12 cation of a notice under subparagraph (B), 

13 based on information received under this para14 graph and any other relevant information avail15 able to the Administrator, the Administrator, 

16 after consulting with the Secretary of Agri17 culture or, for public health pesticides, with the 

18 Secretary of Health and Human Services, shall 

19 issue for public comment and peer review a re20 port that contains, at a minimum— 

21 ‘‘(i) information on the production 

22 and uses in the United States of the pes23 ticide; and 

24 ‘‘(ii) a review of the benefits and risks 

25 in the United States and internationally 
16 

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1 associated with the production and uses in 

2 the United States and internationally of 

3 the pesticide. 

4 ‘‘(4) NOTICE AND REPORT AFTER DECISION

5 THAT GLOBAL ACTION WARRANTED UNDER POPS

6 CONVENTION OR THAT FURTHER CONSIDERATION

7 OF PESTICIDES WARRANTED UNDER LRTAP POPS

8 PROTOCOL.— 

9 ‘‘(A) APPLICABILITY.—This paragraph ap10 plies if— 

11 ‘‘(i) the POPs Review Committee de12 cides, under paragraph 7(a) of Article 8 of 

13 the POPs Convention, that global action is 

14 warranted with respect to a pesticide that 

15 is the subject of a proposal, or the Con16 ference decides, under paragraph 8 of that 

17 Article, that the proposal shall proceed; or 

18 ‘‘(ii) the Executive Body determines 

19 pursuant to paragraph 2 of Executive 

20 Body Decision 1998/2 that further consid21 eration of a pesticide is warranted and 

22 therefore requires 1 or more technical re23 views of a proposal. 

24 ‘‘(B) NOTICE.—Not later than 45 days 

25 after the date of the decision or determination 
17 

•S 2042 IS 

1 under subparagraph (A), the Administrator 

2 shall— 

3 ‘‘(i) publish in the Federal Register a 

4 notice of the decision or determination; 

5 and 

6 ‘‘(ii) provide an opportunity for com7 ment on the decision or determination. 

8 ‘‘(C) REQUIRED ELEMENTS OF NOTICE.— 

9 A notice under subparagraph (B) shall— 

10 ‘‘(i) identify the pesticide that is the 

11 subject of the proposal; 

12 ‘‘(ii) include a summary of— 

13 ‘‘(I) the POPs Review Committee 

14 or Conference decision and the basis 

15 for the decision; or 

16 ‘‘(II) the Executive Body deter17 mination and the basis for the deter18 mination; 

19 ‘‘(iii) request information and com20 ment— 

21 ‘‘(I) in the case of a pesticide 

22 proposed for addition to an Annex of 

23 the POPs Convention, on socio24 economic considerations covered under 

25 Annex F of the POPs Convention, in-
18 

•S 2042 IS 

1 cluding on the technical feasibility and 

2 costs and benefits of the range of pos3 sible prohibitions described pursuant 

4 to clause (vi); 

5 ‘‘(II) in the case of a pesticide 

6 proposed for listing on an Annex to 

7 the LRTAP POPs Protocol, on— 

8 ‘‘(aa) any additional meas9 ures not described pursuant to 

10 clause (vi) that may exist to re11 duce the risks of adverse health 

12 effects on human health or the 

13 environment that result from the 

14 long-range transboundary atmos15 pheric transport of the pesticide; 

16 ‘‘(bb) the technical feasi17 bility of any of the additional 

18 measures or the measures de19 scribed pursuant to clause (vi); 

20 and 

21 ‘‘(cc) the associated costs 

22 and benefits of the additional 

23 measures and the measures de24 scribed pursuant to clause (vi); 
19 

•S 2042 IS 

1 ‘‘(iv) request information on any cur2 rent or anticipated production or use of 

3 the pesticide that is the subject of the pro4 posal for which the United States may 

5 wish to— 

6 ‘‘(I) seek an exemption or accept7 able purpose under the POPs Conven8 tion; or 

9 ‘‘(II) allow a restricted use or 

10 condition under the LRTAP POPs 

11 Protocol; 

12 ‘‘(v) request information described in 

13 subparagraph (D); 

14 ‘‘(vi) outline a broad range of possible 

15 actions that the United States could take 

16 to address any risks that the pesticide may 

17 pose; 

18 ‘‘(vii) specify what changes, if any, to 

19 registrations of or tolerances for the pes20 ticide have been made since the date of 

21 publication of the notice under paragraph 

22 (3); and 

23 ‘‘(viii) include a statement that any 

24 information submitted may be included as 

25 part of the record of any cancellation pro-
20 

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1 ceeding related to the pesticide that the 

2 Administrator may undertake under sec3 tion 6. 

4 ‘‘(D) PROVISION OF INFORMATION.—Not 

5 later than 60 days after the date of publication 

6 of the notice under subparagraph (B), or not 

7 later than a later date as determined by the Ad8 ministrator, any interested person may provide 

9 to the Administrator— 

10 ‘‘(i) consistent with the information 

11 needs described in Annex F to the POPs 

12 Convention, any information that the per13 son believes is relevant to— 

14 ‘‘(I) a risk management evalua15 tion carried out under paragraph 7 of 

16 Article 8 of the POPs Convention; or 

17 ‘‘(II) a decision by the Con18 ference under paragraph 9 of Article 

19 8 of the POPs Convention; 

20 ‘‘(ii) consistent with the information 

21 needs for the technical review described in 

22 paragraph 2 of Executive Body Decision 

23 1998/2, any information the person be24 lieves is relevant to the technical review or 

25 to an Executive Body decision made under 
21 

•S 2042 IS 

1 paragraph 3 of Article 14 of the LRTAP 

2 POPs Protocol; 

3 ‘‘(iii) any information that the person 

4 believes is relevant to an action under this 

5 subsection; and 

6 ‘‘(iv) information on any article in use 

7 that consists of, contains, or is contami8 nated with the pesticide. 

9 ‘‘(E) REPORT BY ADMINISTRATOR.—Not 

10 later than 240 days after the date of publica11 tion of the notice under subparagraph (B), 

12 based on information received under this para13 graph and any other information available to 

14 the Administrator, the Administrator, after con15 sultation with the Secretary of Agriculture or, 

16 for public health pesticides, with the Secretary 

17 of Health and Human Services, shall issue a re18 port for public comment and peer review that 

19 includes, at a minimum, information relating to 

20 the costs and benefits of the prohibitions or re21 strictions described in response to subparagraph 

22 (C)(vi) that could be placed on the sale, dis23 tribution, production, use, or disposal of the 

24 pesticide (including the possible consequences of 

25 using alternative products or processes). 
22 

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1 ‘‘(5) NOTICE AFTER RECOMMENDATION THAT

2 CONFERENCE CONSIDER LISTING OR AFTER COM3 PLETION OF TECHNICAL REVIEW.— 

4 ‘‘(A) APPLICABILITY.—This paragraph ap5 plies— 

6 ‘‘(i) if the POPs Review Committee 

7 recommends, under paragraph 9 of Article 

8 8 of the POPs Convention, that the Con9 ference consider making a Conference list10 ing decision with respect to the pesticide in 

11 accordance with the proposal; or 

12 ‘‘(ii) after completion of a technical 

13 review of a proposal to list a pesticide on 

14 an Annex to the LRTAP POPs Protocol. 

15 ‘‘(B) NOTICE.—Not later than 45 days 

16 after the date of the POPs Review Committee 

17 recommendation or completion of a technical re18 view described in clause (i) or (ii) of subpara19 graph (A), respectively, the Administrator 

20 shall— 

21 ‘‘(i) publish in the Federal Register a 

22 notice of the recommendation or comple23 tion of the technical review; and 
23 

•S 2042 IS 

1 ‘‘(ii) provide opportunity for comment 

2 on the recommendation or the technical re3 view. 

4 ‘‘(C) REQUIRED ELEMENTS OF NOTICE.— 

5 A notice under subparagraph (B) shall— 

6 ‘‘(i) include a summary of the POPs 

7 Review Committee recommendation and 

8 the basis for the recommendation or a 

9 summary of the technical review; 

10 ‘‘(ii) summarize any control measures 

11 for the pesticide that are— 

12 ‘‘(I) identified by the POPs Re13 view Committee; or 

14 ‘‘(II) covered by the technical re15 view; and 

16 ‘‘(iii) include a statement that any in17 formation submitted may be included as 

18 part of the record of any cancellation pro19 ceeding related to the pesticide that the 

20 Administrator may undertake under sec21 tion 6. 

22 ‘‘(6) CONSIDERATION OF INFORMATION IN CAN23 CELLATION OF REGISTRATION.—In a cancellation 

24 proceeding under section 6 for a pesticide listed on 

25 Annex A or B of the POPs Convention or Annex I 
24 

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1 or II of the LRTAP POPs Protocol, the Adminis2 trator may consider— 

3 ‘‘(A) the record compiled under paragraphs 

4 (3), (4), and (5); 

5 ‘‘(B) information related to domestic sale, 

6 distribution, production, export, and use of the 

7 pesticide; 

8 ‘‘(C) information related to national and 

9 international consequences that are likely to 

10 arise as a result of domestic regulatory actions 

11 (including the possible consequences of using al12 ternative products or processes); 

13 ‘‘(D) for pesticides listed on Annex A or B 

14 of the POPs Convention— 

15 ‘‘(i) the POPs Review Committee rec16 ommendation under paragraph 9 of Article 

17 8 of the POPs Convention; 

18 ‘‘(ii) the Conference listing decision; 

19 and 

20 ‘‘(iii) information that the United 

21 States submits to the POPs Review Com22 mittee or to the Conference pursuant to 

23 Article 8 of the POPs Convention; 

24 ‘‘(E) for pesticides listed on Annex I or II 

25 of the LRTAP POPs Protocol— 
25 

•S 2042 IS 

1 ‘‘(i) any technical review conducted 

2 pursuant to paragraph 2 of Executive 

3 Body Decision 1998/2; 

4 ‘‘(ii) the LRTAP POPs Protocol list5 ing decision; and 

6 ‘‘(iii) information that the United 

7 States submitted to the Executive Body, or 

8 a subsidiary of the Executive Body, in re9 lation to a technical review or listing deci10 sion; and 

11 ‘‘(F) scientific information included in or 

12 used to develop or support the items listed in 

13 subparagraphs (A) through (E). 

14 ‘‘(7) NO EFFECT ON OTHER PROVISIONS.— 

15 ‘‘(A) IN GENERAL.—Nothing in this sub16 section authorizes any sale, distribution, use, 

17 production, or disposal of any POPs pesticide 

18 or LRTAP POPs pesticide that is prohibited 

19 under any other provision of law. 

20 ‘‘(B) ACTION BY THE ADMINISTRATOR.— 

21 Except to the extent necessary to comply with 

22 the PIC Convention, the POPs Convention, or 

23 the LRTAP POPs Protocol, nothing in this 

24 subsection interferes with or is a prerequisite to 
26 

•S 2042 IS 

1 the Administrator taking any action authorized 

2 under this Act. 

3 ‘‘(8) REQUIREMENTS FOR EXPORTS.—In the 

4 case of a pesticide or active ingredient used in pro5 ducing a pesticide identified by the Administrator as 

6 listed on Annex III of the PIC Convention in a no7 tice issued under paragraph (11)(C), any person 

8 that distributes in commerce the pesticide or active 

9 ingredient used in producing a pesticide for export 

10 shall comply with any export conditions or restric11 tions identified by the Administrator in the notice. 

12 ‘‘(9) PRE-EXPORT NOTICES.— 

13 ‘‘(A) IN GENERAL.— 

14 ‘‘(i) REQUIREMENT.—In the case of— 

15 ‘‘(I) a pesticide or active ingre16 dient used in producing a pesticide 

17 that the Administrator determines to 

18 be banned or severely restricted under 

19 paragraph (11)(A); 

20 ‘‘(II) a pesticide or active ingre21 dient used in producing a pesticide 

22 identified by the Administrator in a 

23 notice issued under paragraph 

24 (11)(C); or 
27 

•S 2042 IS 

1 ‘‘(III) a POPs pesticide the ex2 port of which is not prohibited under 

3 paragraph (2); 

4 the exporter of the pesticide or active in5 gredient used in producing the pesticide 

6 shall provide to the Administrator notice of 

7 the intent of the exporter to export the 

8 pesticide. 

9 ‘‘(ii) TIMING OF NOTICE FOR BANNED

10 OR SEVERELY RESTRICTED PESTICIDES OR

11 ACTIVE INGREDIENTS USED IN PRODUCING

12 PESTICIDES.— 

13 ‘‘(I) FIRST EXPORT.—In the case 

14 of a first export of a pesticide or ac15 tive ingredient described in paragraph 

16 (11)(A) that an exporter makes from 

17 the territory of the United States to 

18 each importing foreign state after the 

19 Administrator issues a notice under 

20 paragraph (11)(A), the exporter shall 

21 provide the notice so that the Admin22 istrator receives the notice not earlier 

23 than 45 nor later than 15 calendar 

24 days before the date of export. 
28 

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1 ‘‘(II) SUBSEQUENT EXPORTS.— 

2 In the case of subsequent exports of a 

3 pesticide or active ingredient described 

4 in paragraph (11)(A) to the importing 

5 foreign state in calendar years subse6 quent to the notification provided 

7 under subclause (I), the exporter shall 

8 provide the notice so that the Admin9 istrator receives the notice not earlier 

10 than 45 nor later than 15 calendar 

11 days before the date of the first ex12 port in each calendar year. 

13 ‘‘(iii) TIMING OF PRE-EXPORT NOTICE

14 FOR PESTICIDES LISTED ON ANNEX III OF

15 PIC CONVENTION.— 

16 ‘‘(I) FIRST EXPORT.—In the case 

17 of a first export of a pesticide listed in 

18 Annex III to the PIC Convention that 

19 an exporter makes from the territory 

20 of the United States to each import21 ing foreign state after the Adminis22 trator notifies the public under para23 graph (11)(C), the exporter shall pro24 vide the notice so that the Adminis25 trator receives the notice not earlier 
29 

•S 2042 IS 

1 than 45 nor later than 15 calendar 

2 days before the date of export. 

3 ‘‘(II) SUBSEQUENT EXPORTS.— 

4 In the case of subsequent exports of a 

5 pesticide listed in Annex III to the 

6 PIC Convention by the exporter to the 

7 importing foreign state in calendar 

8 years subsequent to the notification 

9 provided under subclause (I), the ex10 porter shall provide the notice so that 

11 the Administrator receives the notice 

12 not earlier than 45 nor later than 15 

13 calendar days before the date of the 

14 first such subsequent export in each 

15 calendar year. 

16 ‘‘(III) CHANGED CIRCUMSTANCES

17 MERITING NEW NOTICE.—If condi18 tions or restrictions imposed by the 

19 importing foreign state change and 

20 the Administrator notifies the public 

21 of the change under paragraph 

22 (11)(C), or if an earlier pre-export no23 tice no longer applies, the exporter 

24 shall provide the notice so that the 

25 Administrator receives the notice not 
30 

•S 2042 IS 

1 earlier than 45 nor later than 15 cal2 endar days before the date of export. 

3 ‘‘(iv) TIMING OF PRE-EXPORT NOTICE

4 FOR PESTICIDES THE EXPORT OF WHICH

5 IS NOT PROHIBITED.— 

6 ‘‘(I) FIRST EXPORT OF THE CAL7 ENDAR YEAR.—In the case of the first 

8 export of a pesticide not prohibited 

9 from being exported under paragraph 

10 (2) that an exporter makes from the 

11 territory of the United States to each 

12 importing foreign state, the exporter 

13 shall provide the notice so that the 

14 Administrator receives the notice not 

15 earlier than 45 nor later than 15 cal16 endar days before the date of the first 

17 export. 

18 ‘‘(II) SUBSEQUENT EXPORTS.— 

19 In the case of subsequent exports of a 

20 pesticide not prohibited from being ex21 ported under paragraph (2) that an 

22 exporter makes from the territory of 

23 the United States to each importing 

24 foreign state by the exporter to the 

25 importing foreign state in calendar 
31 

•S 2042 IS 

1 years subsequent to the notification 

2 provided under subclause (I) to the 

3 importing foreign state, the exporter 

4 shall provide the notice so that the 

5 Administrator receives the notice not 

6 earlier than 45 nor later than 15 cal7 endar days before the date of the first 

8 such subsequent export in each cal9 endar year. 

10 ‘‘(III) CHANGED CIRCUMSTANCES

11 MERITING NEW NOTICE.—If the infor12 mation provided in an earlier pre-ex13 port notice is no longer accurate, the 

14 exporter shall provide the notice so 

15 that the Administrator receives the 

16 notice not earlier than 45 nor later 

17 than 15 calendar days before the date 

18 of export. 

19 ‘‘(B) ALTERNATE TIME FRAME FOR NO20 TICES.— 

21 ‘‘(i) DISCRETIONARY ALTERNATE

22 TIME FRAMES.—Notwithstanding clauses 

23 (ii), (iii), and (iv) of subparagraph (A), the 

24 Administrator may set an alternate time 

25 frame for receipt of notices if the Adminis-
32 

•S 2042 IS 

1 trator determines that such alternate time 

2 frame is appropriate and that the Adminis3 trator is able, within such alternate time 

4 frame, to administer notice activities in ac5 cordance with the PIC Convention and 

6 comply with the POPs Convention. 

7 ‘‘(ii) MANDATORY REVIEW OF STATU8 TORY TIME FRAMES AND PROCESSES.— 

9 ‘‘(I) IN GENERAL.—Not later 

10 than 18 months of entry into force for 

11 the United States of the PIC Conven12 tion and not later than 18 months of 

13 entry into force for the United States 

14 of the POPs Convention, the Adminis15 trator shall review the statutory time 

16 frames for receipt of pre-export no17 tices and the processing of the notices 

18 by the Administrator. 

19 ‘‘(II) CONSIDERATION OF APPRO20 PRIATENESS OF AMENDMENTS.—In 

21 review of the time frames and proc22 esses, the Administrator, with the 

23 concurrence of the Secretary of State, 

24 shall consider whether amendments to 

25 the time frames and modifications to 
33 

•S 2042 IS 

1 the processes would be appropriate to 

2 administer notice activities in accord3 ance with the PIC Convention and to 

4 comply with the POPs Convention. 

5 ‘‘(C) CONTENT OF PRE-EXPORT NO6 TICES.— 

7 ‘‘(i) NOTICES FOR BANNED OR SE8 VERELY RESTRICTED PESTICIDES OR AC9 TIVE INGREDIENT USED IN PRODUCING

10 PESTICIDES.—A notice under subpara11 graph (A)(ii) shall include— 

12 ‘‘(I) the name and address of the 

13 exporter; 

14 ‘‘(II) the name and address of 

15 the appropriate designated national 

16 authority of the United States; 

17 ‘‘(III) the name and address of 

18 the appropriate designated national 

19 authority of the importing foreign 

20 state, if available; 

21 ‘‘(IV) the name and address of 

22 the importer; 

23 ‘‘(V) the name of the pesticide or 

24 active ingredient used in producing 
34 

•S 2042 IS 

1 the pesticide for which the notice is 

2 required; 

3 ‘‘(VI) the expected date of ex4 port; 

5 ‘‘(VII) information relating to 

6 the foreseen uses of the pesticide or 

7 active ingredient used in producing a 

8 pesticide, if known, in the importing 

9 foreign state; 

10 ‘‘(VIII) information on pre11 cautionary measures to reduce expo12 sure to, and emission of, the pesticide 

13 or active ingredient used in producing 

14 a pesticide; 

15 ‘‘(IX) information relating to the 

16 concentration of the pesticide or active 

17 ingredient used in producing a pes18 ticide; and 

19 ‘‘(X) any other information speci20 fied in Annex V to the PIC Conven21 tion. 

22 ‘‘(ii) NOTICES FOR PESTICIDES LIST23 ED ON ANNEX III OF THE PIC CONVEN24 TION.—A notice under subparagraph 

25 (A)(iii) shall include— 
35 

•S 2042 IS 

1 ‘‘(I) all of the information re2 quired to be included under clause (i); 

3 ‘‘(II) any information relating to 

4 export conditions or restrictions iden5 tified by the Administrator in the no6 tice issued under paragraph (11)(C) 

7 with respect to the pesticide; 

8 ‘‘(III) a general description of 

9 the manner in which the export com10 plies with those conditions; and 

11 ‘‘(IV) any other information that 

12 the Administrator determines by order 

13 published in the Federal Register to 

14 be necessary for effective enforcement 

15 of the export conditions or restrictions 

16 applicable to the pesticide. 

17 ‘‘(iii) NOTICES FOR PESTICIDES THE

18 EXPORT OF WHICH IS NOT PROHIBITED.— 

19 A notice submitted to the Administrator 

20 under subparagraph (A)(iv) shall include— 

21 ‘‘(I) the name and address of the 

22 exporter; 

23 ‘‘(II) the name and address of 

24 the importer; 
36 

•S 2042 IS 

1 ‘‘(III) a specification of the iden2 tity of the POPs pesticide; 

3 ‘‘(IV) a general description of 

4 how the export complies with the pro5 visions related to export in paragraph 

6 2 of Article 3, or other applicable pro7 visions, of the POPs Convention; and 

8 ‘‘(V) such other information as 

9 the Administrator determines by order 

10 published in the Federal Register to 

11 be necessary for enforcement of the 

12 export-related obligations of the POPs 

13 Convention applicable to the pesticide. 

14 ‘‘(D) PRE-EXPORT NOTICES ACCOM15 PANYING EACH EXPORT.—An exporter shall en16 sure that a copy of the most recent applicable 

17 pre-export notice accompanies each shipment 

18 for export and is available for inspection on ex19 port for— 

20 ‘‘(i) any pesticide or active ingredient 

21 used in producing a pesticide that the Ad22 ministrator has identified under paragraph 

23 (11)(C) as being listed on Annex III of the 

24 PIC Convention; or 
37 

•S 2042 IS 

1 ‘‘(ii) any POPs pesticide that is ex2 ported. 

3 ‘‘(E) RETENTION OF PRE-EXPORT NO4 TICES.— 

5 ‘‘(i) IN GENERAL.—An exporter re6 quired to provide a notice under clauses 

7 (iii) and (iv) of subparagraph (A) shall 

8 comply with sections 7 and 8 and any reg9 ulations promulgated under those sections 

10 with regard to maintenance of the notice 

11 and other documents used to generate the 

12 notice and with regard to their availability 

13 for inspection and copying. 

14 ‘‘(ii) TIME PERIOD FOR RETEN15 TION.—Notwithstanding clause (i), an ex16 porter required to provide a notice under 

17 clauses (iii) and (iv) of subparagraph (A) 

18 shall maintain a copy of the notice and 

19 other documents used to generate the no20 tice for a period of not less than 3 years 

21 beginning on the date on which the notice 

22 is provided. 

23 ‘‘(10) LABELING REQUIREMENTS.— 

24 ‘‘(A) IN GENERAL.—In the case of any 

25 pesticide or active ingredient used in producing 
38 

•S 2042 IS 

1 a pesticide that is the subject of a notice issued 

2 under subparagraph (A) or (C) of paragraph 

3 (11) and that is sold, distributed, or produced, 

4 the pesticide or active ingredient used in pro5 ducing a pesticide, shall, in accordance with the 

6 PIC Convention— 

7 ‘‘(i) bear labeling information relating 

8 to risks or hazards to human health or the 

9 environment; and 

10 ‘‘(ii) be accompanied by shipping doc11 uments that include any relevant safety 

12 data sheets on the pesticide. 

13 ‘‘(B) CUSTOM CODES.—A pesticide or ac14 tive ingredient used in producing a pesticide 

15 that is the subject of a notice issued under 

16 paragraph (11)(C) and that is distributed or 

17 sold for export shall be accompanied by ship18 ping documents that bear, at a minimum, any 

19 appropriate harmonized system customs codes 

20 assigned by the World Customs Organization. 

21 ‘‘(11) NOTICE REQUIREMENTS AND EXEMP22 TION.— 

23 ‘‘(A) DETERMINATION WHETHER PES24 TICIDES ARE BANNED OR SEVERELY RE25 STRICTED.— 
39 

•S 2042 IS 

1 ‘‘(i) IN GENERAL.—The Adminis2 trator, with the concurrence of the Sec3 retary of State, shall determine whether a 

4 pesticide or active ingredient used in pro5 ducing a pesticide is banned or severely re6 stricted within the United States (as those 

7 terms are defined by the PIC Convention). 

8 ‘‘(ii) NOTICE OF DETERMINATIONS.— 

9 Notwithstanding any other provision of 

10 law, the Administrator shall issue to the 

11 Secretariat of the PIC Convention and the 

12 public a notice of each determination 

13 under clause (i) that includes— 

14 ‘‘(I) in the case of a notice to the 

15 Secretariat of the PIC Convention, 

16 the information specified in Annex I 

17 to the PIC Convention; and 

18 ‘‘(II) in the case of a notice to 

19 the public, at a minimum, a summary 

20 of that information. 

21 ‘‘(B) NOTICE TO FOREIGN COUNTRIES.— 

22 ‘‘(i) IN GENERAL.—Notwithstanding 

23 any other provision of law, on receipt of a 

24 notice of intent to export under paragraph 

25 (9)(A)(ii), the Administrator shall provide 
40 

•S 2042 IS 

1 a copy of the notice to the designated na2 tional authority of the importing foreign 

3 state. 

4 ‘‘(ii) NONIDENTIFIED DESIGNATED

5 NATIONAL AUTHORITY.—In a case in 

6 which a designated national authority has 

7 not been identified, the Administrator shall 

8 provide the notice of intent to export to 

9 any other appropriate official of the im10 porting foreign state, as identified by the 

11 Administrator. 

12 ‘‘(C) NOTICE TO PUBLIC.— 

13 ‘‘(i) IN GENERAL.—The Adminis14 trator, with the concurrence of the Sec15 retary of State, shall issue a notice to in16 form the public of— 

17 ‘‘(I) any pesticide that is listed 

18 on Annex III to the PIC Convention; 

19 and 

20 ‘‘(II) any condition or restriction 

21 of an importing foreign state that is 

22 applicable to the import, in accord23 ance with the PIC Convention, of the 

24 pesticide. 
41 

•S 2042 IS 

1 ‘‘(ii) TIMING.—A notice required 

2 under clause (i) shall be issued not later 

3 than 90 days after, and any conditions or 

4 restrictions described in clause (i)(II) shall 

5 take effect not later than 180 days after, 

6 the date of receipt of a notice from the 

7 Secretariat of the PIC Convention who— 

8 ‘‘(I) transmits import decisions of 

9 the parties to the PIC Convention; or 

10 ‘‘(II) provides notice of the fail11 ure of the parties to provide import 

12 decisions. 

13 ‘‘(iii) TREATMENT OF CONDITIONS

14 AND RESTRICTIONS.—A condition or re15 striction identified by a notice required 

16 under clause (i) shall be considered to be 

17 an export condition or restriction for the 

18 purpose of paragraph (8). 

19 ‘‘(D) NOTICE OF EXEMPTION.—The Ad20 ministrator may issue a notice exempting any 

21 pesticide or active ingredient used in producing 

22 a pesticide from the requirements of paragraphs 

23 (8) through (10) if the Administrator deter24 mines, with the concurrence of the Secretary of 
42 

•S 2042 IS 

1 State, that the exemption would be consistent 

2 with the PIC Convention or POPs Convention. 

3 ‘‘(12) HARMONIZATION OF POPS CONVENTION

4 AND LRTAP POPS PROTOCOL.— 

5 ‘‘(A) IN GENERAL.—If a pesticide is both 

6 a POPs pesticide and a LRTAP POPs pes7 ticide, in the case of a conflict between a provi8 sion of this subsection applicable to a POPs 

9 pesticide and a provision of this subsection ap10 plicable to a LRTAP POPs pesticide, the more 

11 stringent provision shall apply, as determined 

12 by the Administrator, with the concurrence of 

13 the Secretary of State. 

14 ‘‘(B) APPLICATION.—In the case of a pes15 ticide described in subparagraph (A), this para16 graph shall be applied in such a manner as to 

17 ensure that the United States is in compliance 

18 with its obligations under the POPs Convention 

19 and the LRTAP POPs Protocol with respect to 

20 the pesticide. 

21 ‘‘(13) HARMONIZATION OF POPS CONVENTION

22 AND PIC CONVENTION.— 

23 ‘‘(A) IN GENERAL.—If the export of a pes24 ticide is addressed or restricted under para25 graphs (2) through (6) and paragraphs (8) 
43 

•S 2042 IS 

1 through (11), all of those paragraphs shall 

2 apply to the pesticide. 

3 ‘‘(B) CONFLICT.—In the case of a conflict 

4 between paragraphs (2) through (6) and para5 graphs (8) through (11) with respect to a pes6 ticide, the more stringent provision shall apply. 

7 ‘‘(C) APPLICATION.—With respect to a 

8 pesticide, paragraphs (2) through (11) shall be 

9 applied in manner as to ensure that the United 

10 States is in compliance with its obligations 

11 under both the POPs Convention and the PIC 

12 Convention with respect to the pesticide. 

13 ‘‘(f) REGULATIONS.— 

14 ‘‘(1) IN GENERAL.—The Administrator may 

15 promulgate such regulations as the Administrator 

16 determines, with the concurrence of the Secretary of 

17 State and after providing notice to any other inter18 ested Federal agency, to be necessary— 

19 ‘‘(A) to implement this section; 

20 ‘‘(B) to allow the pre-export notice require21 ment under this section and any pre-export no22 tice requirement in other provisions of this Act 

23 or in any other Federal law to be satisfied by 

24 a single notice; and 
44 

•S 2042 IS 

1 ‘‘(C) to ensure compliance with the PIC 

2 Convention, the POPs Convention, and the 

3 LRTAP POPs Protocol. 

4 ‘‘(2) IMPORTATION OF PESTICIDES AND DE5 VICES.—The Secretary of the Treasury, in consulta6 tion with the Administrator, shall promulgate regu7 lations for the enforcement of subsection (c).’’. 

8 SEC. 4. CONFORMING AMENDMENTS. 

9 (a) Section 3(b) of the Federal Insecticide, Fungicide, 

10 and Rodenticide Act (7 U.S.C. 136a(b)) is amended in the 

11 matter preceding paragraph (1) by striking ‘‘A pesticide’’ 

12 and inserting ‘‘Except as provided in section 17, a pes13 ticide’’. 

14 (b) Section 12(a)(2) of the Federal Insecticide, Fun15 gicide, and Rodenticide Act (7 U.S.C. 136j(a)(2)) is 

16 amended— 

17 (1) in subparagraph (R), by striking ‘‘or’’ after 

18 the semicolon; 

19 (2) in subparagraph (S), by striking the period 

20 and inserting ‘‘; or’’; and 

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

22 ‘‘(T) to violate section 17 (including any 

23 regulation promulgated under that section).’’. 
45 

•S 2042 IS 

1 (c) Section 17(c) of the Federal Insecticide, Fun2 gicide, and Rodenticide Act (7 U.S.C. 136o(c)) (as amend3 ed by section 3(3)) is amended— 

4 (1) in paragraph (1), by inserting ‘‘IN GEN5 ERAL.—’’ before ‘‘The Secretary’’; 

6 (2) in paragraph (2), by inserting ‘‘REFUSAL

7 AND DESTRUCTION.—’’ before ‘‘If it appears’’; 

8 (3) in paragraph (3), by inserting ‘‘DELIVERY

9 AND FORFEITURE.—’’ before ‘‘The Secretary of the 

10 Treasury may’’; and 

11 (4) in paragraph (4), by inserting 

12 ‘‘CHARGES.—’’ before ‘‘All charges’’. 

13 SEC. 5. CONFORMING AMENDMENTS TO FIFRA TABLE OF 

14 CONTENTS. 

15 The table of contents in section 1(b) of the Federal 

16 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

17 prec. 121) is amended— 

18 (1) in the items relating to section 2, by adding 

19 at the end the following: 

‘‘(hh) Nitrogen stabilizer. 

‘‘(jj) Maintenance applicator. 

‘‘(kk) Service technician. 

‘‘(ll) Minor use. 

‘‘(mm) Antimicrobial pesticide. 

‘‘(nn) Public health pesticide. 

‘‘(oo) Vector. 

‘‘(pp) Conference. 

‘‘(qq) Conference listing decision. 

‘‘(rr) Designated national authority. 

‘‘(ss) Executive Body. 

‘‘(tt) Executive Body decision 1998/2. 

‘‘(uu) LRTAP Convention. 

‘‘(vv) LRTAP POPs pesticide. 
46 

•S 2042 IS 

‘‘(ww) LRTAP POPs Protocol. 

‘‘(xx) PIP Convention. 

‘‘(yy) POPs Convention. 

‘‘(zz) POPs pesticide. 

‘‘(aaa) POPs Review Committee.’’; 

1 and 

2 (2) by striking the items relating to section 17 

3 and inserting the following: 

‘‘Sec. 17. Imports, exports, and international conventions. 

‘‘(a) Pesticides and devices intended for export. 

‘‘(b) Cancellation notices furnished to foreign governments. 

‘‘(c) Importation of pesticides and devices. 

‘‘(1) In general. 

‘‘(2) Refusal and destruction. 

‘‘(3) Delivery and forfeiture. 

‘‘(4) Charges. 

‘‘(5) Prohibited imports. 

‘‘(d) Cooperation in international efforts generally. 

‘‘(e) POPs Convention, LRTAP POPs Protocol, and PIC Convention. 

‘‘(1) In general. 

‘‘(2) Prohibitions. 

‘‘(3) Notice and report after decision that screening criteria are met under 

POPs Convention or after risk profile submitted under 

LRTAP POPs Protocol. 

‘‘(4) Notice and report after decision that global action warranted under 

POPs Convention or that further consideration of pesticides warranted under LRTAP POPs Protocol. 

‘‘(5) Notice after recommendation that Conference consider listing or after 

completion of technical review. 

‘‘(6) Consideration of information in cancellation of registration. 

‘‘(7) No effect on other provisions. 

‘‘(8) Requirements for exports. 

‘‘(9) Pre-export notices. 

‘‘(10) Labeling requirements. 

‘‘(11) Notice requirements and exemption. 

‘‘(12) Harmonization of POPs Convention and LRTAP POPs Protocol. 

‘‘(13) Harmonization of POPs Convention and PIC Convention. 

‘‘(f) Regulations. 

‘‘(1) In general. 

‘‘(2) Importation of pesticides and devices.’’. 

Æ 
47 

•S 2042 IS 

‘‘(13) Harmonization of POPs Convention and PIC Convention. 

‘‘(f) Regulations. 

‘‘(1) In general. 

‘‘(2) Importation of pesticides and devices.’’. 

Æ