I

103D CONGRESS

1ST SESSION H. R. 967

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

respect to minor use pesticides.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 18, 1993

Mr. DE LA GARZA (for himself, Mr. ROBERTS, Mr. STENHOLM, Mr. SMITH

of Oregon, Mr. THOMAS of California, Mr. ROWLAND, Mr. INSLEE, Mr.

KOPETSKI, Mr. LEHMAN, Mr. FAZIO, Mr. DOOLEY, and Mr. CONDIT)

introduced the following bill; which was referred to the Committee on

Agriculture

JULY 9, 1993

Additional Sponsors: Mr. LAROCCO, Mr. HENRY, Mr. RAVENEL, Mr. STUMP,

Mr. PAXON, Mr. SWIFT, Mr. BARRETT of Nebraska, Mr. CAMP, Mr. ALLARD, Mr. UPTON, Mr. GEKAS, Mr. MCHUGH, Mr. LEWIS of Flordia, Mr.

LEWIS of California, Mr. GALLEGLY, Mr. BOEHNER, Mr. EMERSON, Mr.

DOOLITTLE, Mr. KINGSTON, Mr. GILLMOR, Mr. KANJORSKI, Mr.

MCDADE, Mr. HOLDEN, Mr. QUILLEN, Mr. HUGHES, Mr. KYL, Mr.

JOHNSON of South Dakota, Mr. ROTH, Mr. SMITH of Michigan, Mr.

ORTON, Mr. PACKARD, Mr. EWING, Mr. PASTOR, Mr. SPRATT, Mr.

POMEROY, Mr. BARCIA of Michigan, Ms. SLAUGHTER, Mr. NUSSLE, Mr.

BACCUS of Florida, Mr. BONILLA, Mr. HOEKSTRA, Mr. BLILEY, Mr.

SHAW, Mr. CRAPO, Mr. KOLBE, Mr. HOUGHTON, Mr. ENGLISH of Oklahoma, Mr. CANADY, Mr. MCCANDLESS, Mr. DORNAN, Mr. BEREUTER,

Mr. SARPALIUS, Mr. MOORHEAD, Mr. SISISKY, Mr. POMBO, Mr. WALSH,

Mr. DICKEY, Mr. PETERSON of Minnesota, Mr. RIDGE, Mr. HANSEN, Mr.

WALKER, Mr. OLVER, Mr. DREIER, Mr. MATSUI, Mr. SANTORUM, Mr.

HERGER, Mr. BAKER of Louisiana, Mr. BISHOP, Mr. CLYBURN, Mr.

GUNDERSON, Mr. DARDEN, Mrs. THURMAN, Mr. TRAFICANT, Mrs.

FOWLER, Mr. BATEMAN, Mr. CALVERT, Mr. GILMAN, Mr. MCCOLLUM,

Ms. SNOWE, Mr. BEVILL, Mr. FIELDS of Texas, Mr. ANDREWS of New

Jersey, Mr. ZELIFF, Mr. JOHNSTON of Florida, Mr. BAKER of California,

Mr. JOHNSON of Georgia, Mr. CASTLE, Mr. GOODLING, and Mr.

STEARNS
2

•HR 967 SC

A BILL

To amend the Federal Insecticide, Fungicide, and

Rodenticide Act with respect to minor use pesticides.

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 AND REFERENCE.

4 (A) SHORT TITLE.—This Act may be cited as the

5 ‘‘Minor Crop Pesticides Act of 1993 ’’.

6 (b) REFERENCE.—Whenever in this Act an amend7 ment or repeal is expressed in terms of an amendment

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

9 shall be considered to be made to a section or other provi10 sion of the Federal Insecticide, Fungicide, and

11 Rodenticide Act.

12 SEC. 2. MINOR USE OF PESTICIDES.

13 (a) DEFINITION.—Section 2 (7 U.S.C. 136) is

14 amended by adding at the end the following:

15 ‘‘(hh) MINOR USE.—The term ‘minor use’

16 means the use of a pesticide on an animal, on a

17 commercial agricultural crop or site, or for the pro18 tection of public health where—

19 ‘‘(1) the Administrator, in consultation

20 with the Secretary of Agriculture, determines

21 that, based on information provided by an ap22 plicant, the use does not provide sufficient eco-
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1 nomic incentive to support the initial registra2 tion or continuing registration of a pesticide for

3 such use; and

4 ‘‘(2) the Administrator has not determined

5 that, based on existing data, such use presents

6 a risk of an unreasonable adverse effect on the

7 environment.’’.

8 (b) EXCLUSIVE DATA USE.—Section 3(c)(1)(F) (7

9 U.S.C. 136a(c)(1)(F)) is amended by redesignating clause

10 (iii) as clause (iv) and by inserting after clause (ii) the

11 following:

12 ‘‘(iii) With respect to data submitted

13 after the date of the enactment of this

14 clause by an applicant or registrant to sup15 port an amendment adding a new use to

16 an existing registration, to support or

17 maintain in effect an existing registration,

18 to support a new application for registra19 tion, or to support a reregistration, if such

20 data relates solely to a minor use of a pes21 ticide, such data shall not, without the

22 written permission of the original data

23 submitter, be considered by the Adminis24 trator to support an application for a

25 minor use by another person during a pe-
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1 riod of 10 years following the date of sub2 mission of such data. If the minor use reg3 istration which is supported by data sub4 mitted pursuant to this subsection is vol5 untarily canceled or if such data are subse6 quently used to support a non-minor use,

7 the data shall no longer be subject to the

8 exclusive use provisions of this clause but

9 shall instead be considered by the Adminis10 trator in accordance with the provisions of

11 clauses (i) or (ii), as appropriate.’’.

12 (c) TIME EXTENSIONS FOR DEVELOPMENT OF

13 MINOR USE DATA.—

14 (1) DATA CALL-IN.—Subparagraph (B) of sec15 tion 3(c)(2) (7 U.S.C. 136a(c)(2)(B)) is amended by

16 adding at the end the following:

17 ‘‘(vi) Upon the request of a registrant, the

18 Administrator shall, in the case of a minor use,

19 extend the deadline for the production of resi20 due chemistry data under this subsection for

21 data required solely to support that minor use

22 until 2 years after the final deadline for submis23 sion of data for the other uses of the pesticide

24 if—
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•HR 967 SC

1 ‘‘(I) the data to support other uses of

2 the pesticide are being provided;

3 ‘‘(II) the registrant, in submitting a

4 request for such an extension, provides a

5 schedule, including interim dates to meas6 ure progress, to assure that the data pro7 duction will be completed before the expi8 ration of the extension period;

9 ‘‘(III) the Administrator has deter10 mined that such extension will not signifi11 cantly delay the Administrator’s schedule

12 for issuing a reregistration eligibility deter13 mination required under section 4; and

14 ‘‘(IV) the Administrator has deter15 mined in writing that based on existing

16 data, such extension would not signifi17 cantly increase the risk of any unreason18 able adverse effect on the environment.

19 If the Administrator grants an extension under

20 this clause, the Administrator shall monitor the

21 development of the data and shall ensure that

22 the registrant is meeting the schedule for the

23 production of the data. If the Administrator de24 termines that the registrant is not meeting the

25 schedule for the production of such data, the
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•HR 967 SC

1 Administrator may proceed in accordance with

2 clause (iv) regarding the continued registration

3 of the minor use and shall inform the public of

4 such action. If, during the extension period, the

5 Administrator is furnished data which are suffi6 cient to determine that an unreasonable adverse

7 effect exists involving the minor use of the pes8 ticide, the Administrator shall provide, in writ9 ing, to the registrant, a notice revoking the ex10 tension of time for submission of data. Such

11 data shall instead be due within 30 days of re12 ceipt of such notice by the registrant. Nothing

13 in this clause shall preclude the Administrator

14 from proceeding in accordance with the provi15 sion of section 6.’’.

16 (2) REREGISTRATION.—Sections 4(d)(4)(B),

17 4(e)(2)(B), and 4(f)(2)(B) (7 U.S.C. 136a–

18 1(d)(4)(B), (e)(2)(B), and (f)(2)(B)) are each

19 amended by adding at the end the following: ‘‘Upon

20 the request of a registrant, the Administrator shall,

21 in the case of a minor use, extend the deadline for

22 the production of residue chemistry data under this

23 subsection for data required solely to support that

24 minor use until 2 years after the final deadline for
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•HR 967 SC

1 submission of data for the other uses of the pesticide

2 if—

3 ‘‘(i) the data to support other uses of

4 the pesticide are being provided;

5 ‘‘(ii) the registrant, in submitting a

6 request for such an extension provides a

7 schedule, including interim dates to meas8 ure progress, to assure that the data pro9 duction will be completed before the expi10 ration of the extension period;

11 ‘‘(iii) the Administrator has deter12 mined that such extension will not signifi13 cantly delay the Administrator’s schedule

14 for issuing a reregistration eligibility deter15 mination required under this section; and

16 ‘‘(iv) the Administrator has deter17 mined in writing that based on existing

18 data, such extension would not signifi19 cantly increase the risk of any unreason20 able adverse effect on the environment.

21 If the Administrator determines that the reg22 istrant is not meeting the schedule for the pro23 duction of such data, the Administrator may

24 proceed in accordance with section

25 3(c)(2)(B)(iv) regarding the continued registra-
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•HR 967 SC

1 tion of the minor use and shall inform the pub2 lic of such action. If, during the extension pe3 riod, the Administrator is furnished data which

4 are sufficient to determine that an unreasonable

5 adverse effect exists involving the minor use of

6 the pesticide, the Administrator shall provide,

7 in writing, to the registrant, a notice revoking

8 the extension of time for submission of data.

9 Such data shall instead be due within 30 days

10 of receipt of such notice by the registrant.

11 Nothing in this subparagraph shall preclude the

12 Administrator from proceeding in accordance

13 with the provisions of section 6.’’.

14 (d) MINOR USE WAIVER.—Section 3(c)(2) (7 U.S.C.

15 136a(c)(2)) is amended—

16 (1) by inserting ‘‘IN GENERAL’’ after ‘‘(A)’’, by

17 inserting ‘‘ADDITIONAL DATA’’ after ‘‘(B)’’, and by

18 inserting ‘‘SIMPLIFIED PROCEDURES’’ after ‘‘(C)’’,

19 and

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

21 ‘‘(E) MINOR USE WAIVER.—In handling

22 the registration of a pesticide for a minor use,

23 the Administrator may waive otherwise applica24 ble data requirements if the Administrator de-
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•HR 967 SC

1 termines that the absence of such data will not

2 prevent the Administrator from determining—

3 ‘‘(i) the incremental risk presented by

4 the minor use of the pesticide, and

5 ‘‘(ii) that such risk, if any, would not

6 be an unreasonable adverse effect on the

7 environment.’’.

8 (e) EXPEDITING MINOR USE REGISTRATIONS.—Sec9 tion 3(c)(3) (7 U.S.C. 136a(c)(3)) is amended—

10 (1) by inserting after ‘‘(A)’’ the following: ‘‘IN

11 GENERAL.—,

12 (2) by inserting after ‘‘(B)’’ the following:

13 ‘‘IDENTICAL OR SUBSTANTIALLY SIMILAR’’.—, and

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

15 ‘‘(C) MINOR USE REGISTRATION.—

16 ‘‘(i) The Administrator shall, as expe17 ditiously as possible, review and act on any

18 application (I) that proposes the initial

19 registration of a new pesticide active ingre20 dient if the active ingredient is proposed to

21 be registered solely for minor uses or for

22 non-minor uses and significant minor uses,

23 or (II) for a registration amendment that

24 proposes a new minor use for an existing

25 pesticide.
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•HR 967 SC

1 ‘‘(ii) For the purposes of clause (i)—

2 ‘‘(I) the term ‘as expeditiously as

3 possible’ means that the Adminis4 trator shall complete a review and

5 evaluation of all data submitted with

6 the application, to the greatest extent

7 practicable, no later than 6 months

8 after the submission of the applica9 tion, and

10 ‘‘(II) the term ‘significant minor

11 uses’ means 3 or more minor uses

12 proposed for every non-minor use, a

13 minor use that would, in the judgment

14 of the Administrator, serve as a re15 placement for any use which has been

16 canceled in the 5 years preceding the

17 receipt of the application, or a minor

18 use that in the opinion of the Admin19 istrator would avoid the reissuance of

20 an emergency exemption under section

21 18 for that minor use.

22 ‘‘(D) ADEQUATE TIME FOR SUBMISSION

23 OF MINOR USE DATA.—If a registrant makes

24 a good faith request for a minor use waiver re25 garding data required by the Administrator
11

•HR 967 SC

1 pursuant to paragraph (2)(B), and if the Ad2 ministrator denies in whole or in part such data

3 waiver request, the registrant shall have a full

4 time period for providing such data. Such full

5 time period extension shall not be available if

6 the Administrator determines that the data

7 waiver request was not made in good faith. Any

8 determination by the Administrator that a data

9 waiver request was not submitted in good faith

10 shall be made in writing to the registrant and

11 shall be subject to judicial review under the pro12 cedures prescribed by section 16(b).’’.

13 (f) CONDITIONAL REGISTRATION FOR MINOR

14 USES.—Section 3(c)(7) (7 U.S.C. 136a(c)(7)) is amended

15 by inserting ‘‘IN GENERAL’’ after ‘‘(A)’’, by inserting

16 ‘‘CONDITIONAL AMENDMENT’’ after ‘‘(B)’’, by inserting

17 ‘‘CONDITIONAL REGISTRATION’’ after ‘‘(C)’’, and by add18 ing at the end the following:

19 ‘‘(D) ADDITIONAL MINOR USES.—

20 ‘‘(i) The Administrator shall condi21 tionally amend the registration of a pes22 ticide to permit additional minor uses of

23 such pesticide notwithstanding that data

24 concerning the pesticide may be insuffi25 cient to support an unconditional registra-
12

•HR 967 SC

1 tion amendment, if the Administrator de2 termines that—

3 ‘‘(I) the applicant has submitted

4 satisfactory data pertaining to the

5 proposed additional minor use, and

6 ‘‘(II) amending the registration

7 in the manner proposed by the appli8 cant would not significantly increase

9 the risk of any unreasonable adverse

10 effect on the environment.

11 ‘‘(ii) Notwithstanding clause (i), no

12 registration of a pesticide may be amended

13 to permit an additional minor use of such

14 pesticide if the Administrator has issued a

15 notice stating that such pesticide, or any

16 ingredient thereof, meets or exceeds risk

17 criteria associated in whole or in part with

18 human dietary exposure enumerated in

19 regulations issued under this Act, and dur20 ing the pendency of any risk-benefit eval21 uation initiated by such notice, if—

22 ‘‘(I) the additional minor use of

23 such pesticide involves a major food or

24 feed crop, or
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•HR 967 SC

1 ‘‘(II) the additional minor use of

2 such pesticide involves a minor food

3 or feed crop and the Administrator

4 determines, with the concurrence of

5 the Secretary of Agriculture, there is

6 available an effective alternative pes7 ticide that does not meet or exceed

8 such risk criteria.

9 ‘‘(iii) An applicant seeking amended

10 registration under this subparagraph shall

11 submit such data as would be required to

12 obtain registration of a similar pesticide

13 under paragraph (5). If the applicant is

14 unable to submit an item of data (other

15 than data pertaining to the proposed addi16 tional minor use) because it has not yet

17 been generated, the Administrator shall

18 amend the registration under such condi19 tions as will require the submission of such

20 data not later than the time such data are

21 required to be submitted with respect to

22 similar pesticides already registered under

23 this Act. The determinations required

24 under this clause shall be made by the Ad25 ministrator in writing to the registrant and
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•HR 967 SC

1 shall be subject to judicial review under the

2 procedures prescribed by section 16(b).’’.

3 (g) EXPEDITED CONDITIONAL REGISTRATION TO

4 REPLACE PREVIOUSLY CANCELED REGISTRATIONS OR

5 DELETED USES ON A ONE-TIME BASIS.—Section 3(c)(7)

6 (7 U.S.C. 136a(c)(7)), as amended by subsection (f), is

7 amended by adding at the end the following:

8 ‘‘(E) CONDITIONAL MINOR USE REGISTRA9 TION.—The Administrator may conditionally

10 register or amend the registration of a pesticide

11 for a minor use if the registrant establishes

12 that—

13 ‘‘(i) the active ingredient is being sup14 ported for reregistration as required by

15 section 4 of this Act;

16 ‘‘(ii) the minor use proposed for reg17 istration was a registered use of a product

18 that has been canceled, proposed for can19 cellation, or deleted as a use under section

20 4 or section 6 of this Act after December

21 24, 1988; and

22 ‘‘(iii) the use directly requires only

23 residue chemistry data for reregistration.

24 Before granting the conditional registration, the

25 Administrator must determine that approval of
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•HR 967 SC

1 the registration or amendment in the manner

2 proposed by the applicant would not signifi3 cantly increase the risk of an unreasonable ad4 verse effect on the environment, and that there

5 is an existing tolerance for the use. The appli6 cant shall either commit to the submission of

7 data required for reregistration of the pesticide

8 or use by the final deadline, established as of

9 the date of the approval of the application, for

10 the submission of the last data needed to sup11 port registration of the pesticide active ingredi12 ent, or agree to cease distribution and sale of

13 the pesticide by this date. In cases where the

14 registrant has committed to the submission of

15 data, the Administrator may extend the expira16 tion date for the conditional registration to a

17 date 6 months past the scheduled data submis18 sion date to allow time for Agency review of the

19 application. Distribution and sale by the reg20 istrant of pesticides registered for the use must

21 cease on the expiration date. The Administrator

22 shall provide expedited review of any application

23 under this section in accordance with the provi24 sions in paragraph (3). The Administrator may

25 take action at any time prior to the established
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•HR 967 SC

1 date to order deletion of uses approved under

2 this subsection, if no registrant is fulfilling

3 commitments for other uses, or if the Adminis4 trator becomes aware that the delay may result

5 in a risk of an unreasonable adverse effect on

6 the environment. If the registrant does not vol7 untarily comply with the order by requesting

8 deletion of use, the Administrator may cancel

9 registrations with the use by order without a

10 hearing. All applications for such conditional

11 registration or amendment must be submitted

12 to the Administrator within 1 year after the

13 date of enactment of this provision.’’.

14 (h) TEMPORARY EXTENSION OF REGISTRATION FOR

15 UNSUPPORTED MINOR USES.—

16 (1) REREGISTRATION.—

17 (A) Sections 4(d)(6) and 4(f)(3) (7 U.S.C.

18 136a–1(d)(6) and (f)(3)) are each amended by

19 adding at the end the following: ‘‘If the reg20 istrant is not supporting a specific minor use of

21 the pesticide, but is supporting and providing

22 data in a timely fashion to support other food

23 uses the Administrator, at the written request

24 of the registrant, shall not take any action pur25 suant to this paragraph in regard to such un-
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•HR 967 SC

1 supported minor use until the final deadline for

2 the submission of data for the supported uses

3 under this paragraph. Upon receipt of the re4 quest from the registrant, the Administrator

5 shall publish in the Federal Register a notice of

6 the receipt of the request and the effective date

7 upon which the uses not being supported will be

8 voluntarily deleted from the registration. Not9 withstanding the provisions of this paragraph,

10 the Administrator may take action to cancel or

11 suspend such minor use, pursuant to section 6,

12 if the Administrator determines that the con13 tinuation of the minor use may cause an unrea14 sonable adverse effect on the environment.’’.

15 (B) Section 4(e)(3)(A) (7 U.S.C. 136a–

16 1(e)(3)(A)) is amended by adding at the end

17 the following: ‘‘If the registrant is not support18 ing a specific minor use of the pesticide, but is

19 supporting and providing data in a timely fash20 ion to support other uses, the Administrator, at

21 the written request of the registrant, shall not

22 take any action pursuant to this subparagraph

23 in regard to such unsupported minor use until

24 the final deadline for the submission of data for

25 the supported uses under this subparagraph.
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•HR 967 SC

1 Upon receipt of the request from the registrant,

2 the Administrator shall publish in the Federal

3 Register a notice of the receipt of the request

4 and the effective date upon which the uses not

5 being supported will be voluntarily deleted from

6 the registration. Notwithstanding the provisions

7 of this subparagraph, the Administrator may

8 take action to cancel or suspend such minor

9 use, pursuant to section 6, if the Administrator

10 determines that the continuation of the minor

11 use may cause an unreasonable adverse effect

12 on the environment .’’.

13 (2) DATA.—Section 3(c)(2)(B) (7 U.S.C.

14 136a(c)(2)(B)), as amended by subsection (c), is

15 further amended by adding at the end the following:

16 ‘‘(vii) If the registrant is not supporting a

17 specific minor use of the pesticide, but is sup18 porting and providing data in a timely fashion

19 to support other uses, the Administrator, at the

20 written request of the registrant, shall not take

21 any action pursuant to this subparagraph in re22 gard to such unsupported minor use until the

23 final deadline for the submission of data for the

24 supported uses under this paragraph. Upon re25 ceipt of the request from the registrant, the Ad-
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•HR 967 SC

1 ministrator shall publish in the Federal Reg2 ister a notice of the receipt of the request and

3 the effective date upon which the uses not being

4 supported will be voluntarily deleted from the

5 registration. Notwithstanding the provisions of

6 this subparagraph, the Administrator may take

7 action to cancel or suspend such minor use,

8 pursuant to section 6, if the Administrator de9 termines that the continuation of the minor use

10 would violate the criteria contained in section

11 6.’’.

12 (i) UTILIZATION OF DATA FOR VOLUNTARILY CAN13 CELED CHEMICALS.—Section 6(f) (7 U.S.C. 136d) is

14 amended by adding at the end the following:

15 ‘‘(4) UTILIZATION OF DATA FOR VOLUNTARILY

16 CANCELED CHEMICALS.—When an application is

17 filed with the Administrator for the registration of

18 a pesticide for a minor use not later than 2 years

19 after another registrant voluntarily cancels its reg20 istration for an identical or substantially similar pes21 ticide for an identical or substantially similar use,

22 the Administrator shall process, review, and evaluate

23 the pending application as if the voluntary cancella24 tion had not yet taken place for purposes of the use

25 of data from such registration, except that the Ad-
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•HR 967 SC

1 ministrator may not take such action if the Adminis2 trator has evidence that such minor use presents the

3 risk of an unreasonable adverse effect on the envi4 ronment.’’.

5 (j) ENVIRONMENTAL PROTECTION AGENCY MINOR

6 USE PROGRAM.—The Federal Insecticide, Fungicide, and

7 Rodenticide Act (7 U.S.C. 121 et seq.) is amended by re8 designating sections 30 and 31 as sections 32 and 33, re9 spectively and adding after section 29 the following:

10 ‘‘SEC. 30. ENVIRONMENTAL PROTECTION AGENCY MINOR

11 USE PROGRAM.

12 ‘‘The Environmental Protection Agency shall assure

13 coordination of minor use issues through the establish14 ment of a minor use program within the Office of Pes15 ticide Programs. Such office shall be responsible for co16 ordinating the development of minor use programs and

17 policies, consulting with growers regarding minor use is18 sues and registrations, and tracking and expediting minor

19 use registrations and amendments which are submitted to

20 the Environmental Protection Agency.’’.

21 (k) DEPARTMENT OF AGRICULTURE MINOR USE

22 PROGRAM.—The Federal Insecticide, Fungicide, and

23 Rodenticide Act (7 U.S.C. 121 et seq.), as amended by

24 subsection (j), is amended by adding at the end the follow25 ing:
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•HR 967 SC

1 ‘‘SEC. 31. DEPARTMENT OF AGRICULTURE MINOR USE PRO2 GRAM.

3 ‘‘(a) PROGRAM.—The Department of Agriculture

4 shall assure coordination through establishment of a

5 minor use program, of its responsibilities, including ad6 ministering the IR–4 Program and the National Agricul7 tural Pesticide Impact Assessment Program, supporting

8 IPM research, consulting with growers to develop data for

9 minor uses, and assisting minor use registrations, toler10 ances, and reregistrations with the Environmental Protec11 tion Agency.

12 ‘‘(b) MATCHING FUND PROGRAM.—

13 ‘‘(1) ESTABLISHMENT.—The Secretary of Agri14 culture shall establish a minor use matching fund

15 program. The matching fund program shall be uti16 lized to ensure the continued availability of minor

17 use crop protection chemicals, including the develop18 ment of data to support minor use pesticide registra19 tions and reregistrations. Access to the matching

20 fund program shall be available to any entity which

21 desires to develop data to support minor use reg22 istrations. Priority for access to the fund shall be

23 given those entities that do not directly receive funds

24 from the sale of products registered on minor uses.

25 Any entity that seeks such matching funds shall be

26 required to match such matching funds with an
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•HR 967 SC

1 equal amount of its own funds. Any data developed

2 through the matching fund program shall be jointly

3 owned by the Department of Agriculture and by the

4 entity that receives such funding. Such data may be

5 utilized by other entities for the purpose of seeking

6 registrations and tolerances, if such entities receive

7 written permission from the Department of Agri8 culture and the entity that produced the data. All

9 fees received by the Department of Agriculture in

10 return for the use of such data under the matching

11 fund program shall be returned to a revolving fund

12 which will support the matching fund program.

13 ‘‘(2) AUTHORIZATION.— There is authorized to

14 be appropriated for the revolving fund for the

15 matching fund program an annual sum not to ex16 ceed $10,000,000.’’.

Æ

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