II

103D CONGRESS

2D SESSION S. 2050

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

other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 26 (legislative day, APRIL 11), 1994

Mr. LEAHY (by request) introduced the following bill; which was referred to

the Committee on Agriculture, Nutrition, and Forestry

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 Section 3 of the Federal Insecticide, Fungicide, and

9 Rodenticide Act (7 U.S.C. 136a) is amended by adding

10 at the end 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
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1 the renewal of a registration is the reapplication

2 date of the active ingredient as set out in paragraph

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

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

5 date by which a renewal application is required to be

6 approved is the expiration date of the active ingredi7 ent as set out in paragraph (5). The expiration date

8 refers to the date a registration will expire if not re9 newed and such date is 3 years after the

10 reapplication date of the active ingredient. A reg11 istration shall not expire under this section except as

12 provided under paragraph (5) of this subsection.

13 ‘‘(2) LIST OF ACTIVE INGREDIENTS.—

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

15 days after the date of enactment of the Federal

16 Insecticide, Fungicide, and Rodenticide Act

17 Amendments of 1994, the Administrator shall

18 publish in the Federal Register a list of each

19 active ingredient contained in any pesticide cur20 rently registered on the date of the publication

21 of such list.

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

23 shall revise the list to add a new pesticide active

24 ingredient on the date a pesticide is registered

25 under subsection (c) which contains such ingre-
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1 dient. If the expiration date of the active ingre2 dient expires without renewal of the registration

3 of at least one pesticide containing such active

4 ingredient, the Administrator shall remove the

5 active ingredient from the list. The Adminis6 trator shall annually publish such list to include

7 each revision made under this subparagraph.

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

9 by the Administrator under this paragraph

10 shall state the name, reapplication date, and

11 the expiration date of each active ingredient

12 contained in the list.

13 ‘‘(D) PUBLICATION GROUPS.—Active in14 gredients listed under this paragraph shall be

15 grouped as follows: An active ingredient shall be

16 classified—

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

18 was first contained in a pesticide initially

19 registered before November 1, 1984,

20 ‘‘(ii) in group 2 if the active ingredi21 ent was first contained in a pesticide ini22 tially registered after October 31, 1984,

23 but before the date of enactment of the

24 Federal Insecticide, Fungicide, and

25 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 subsection (c)(1) and

12 (c)(2)(D) shall be applicable to the require13 ments for renewal of a registration of a pes14 ticide.

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

16 renew the registration of a pesticide if the Ad17 ministrator determines that (i) the registrant

18 has submitted an application for renewal of reg19 istration no later than the date set forth in

20 paragraph (3) of this subsection; (ii) the reg21 istrant has submitted all required information

22 as specified by the guidelines published pursu23 ant to subparagraph (A) and any written com24 munications from the Administrator to the reg25 istrant regarding the application of such guide-
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1 lines; and (iii) the active ingredient meets the

2 requirements of subsection (c)(5) of this sec3 tion.

4 ‘‘(D) NOTIFICATION.—The Administrator

5 shall endeavor to review applications as expedi6 tiously as practicable, and shall notify the reg7 istrant promptly of any deficiencies in the appli8 cation for renewal of registration.

9 ‘‘(E) EFFECTIVE DATE OF RENEWAL.—

10 The renewal of the registration of a pesticide

11 under this paragraph shall take effect on the

12 day after the expiration date of the previous

13 registration of the pesticide.

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

15 pesticide submits a complete application for the

16 renewal of the registration of a pesticide in ac17 cordance with subparagraph (A) and the Ad18 ministrator does not take final action on such

19 application before the expiration date of such

20 registration, the Administrator shall extend the

21 pesticide’s registration for one additional year.

22 ‘‘(5) EXPIRATION.—

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

24 registrant of a pesticide does not submit a com25 plete application to the Administrator, including
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1 all required information as specified by the

2 guidelines published pursuant to paragraph

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

4 the active ingredient for which registration re5 newal is required and the Administrator has not

6 after such date renewed the registration, the

7 Administrator shall notify the registrant at

8 least 30 days prior to the expiration date of the

9 registration that the registration shall expire

10 upon the expiration date unless the registrant

11 has requested a hearing before such time. No

12 reapplication shall be deemed incomplete if it

13 complies with the guidelines under paragraph

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

15 for resolution at that hearing shall be whether

16 the registrant failed to submit a complete appli17 cation on or before the reapplication date of the

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

19 after completion of such hearing shall be final.

20 If, after a hearing, the Administrator issues a

21 determination that the application is incom22 plete, the registration shall expire. Notwith23 standing any other provision of this Act, a

24 hearing shall be held and a determination made

25 within 75 days after receipt of a request for
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1 such hearing. If a registrant fails to submit a

2 request for a hearing under this subsection, the

3 registration shall expire automatically upon the

4 expiration date and the expiration of the reg5 istration shall not be reviewable in any court.

6 ‘‘(B) INSUFFICIENT INFORMATION.—Not7 withstanding any other provision of this section,

8 if the Administrator determines that the infor9 mation submitted for an active ingredient for

10 which registration renewal is required is insuffi11 cient to permit the Administrator to evaluate

12 the active ingredient under the requirements of

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

14 each registrant to which the determination ap15 plies at least 30 days prior to the expiration

16 date for such registrations that each registra17 tion shall expire upon the expiration date unless

18 the registrant has requested a hearing before

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

20 matter for resolution at that hearing shall be

21 whether the Administrator’s determination was

22 reasonable that the information submitted is in23 sufficient to evaluate the active ingredient

24 under section 3(c)(5). If a hearing is held, a de25 cision after completion of such hearing shall be
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1 final. If after a hearing, the Administrator is2 sues a determination that the information sub3 mitted is insufficient to permit the Adminis4 trator to evaluate the active ingredient under

5 the requirements of section 3(c)(5), the reg6 istration shall expire. Notwithstanding any

7 other provision of this Act, a hearing shall be

8 held and a determination made within 75 days

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

10 registrant fails to submit a request for a hear11 ing under this subsection, the registration shall

12 expire automatically upon the expiration date

13 and the expiration of the registration shall not

14 be reviewable in any court.

15 ‘‘(6) CANCELLATION.—If the Administrator de16 termines on the basis of a registrant’s application or

17 any other information that one or more uses of an

18 active ingredient for which registration renewal is re19 quired does not meet the requirements of section

20 3(c)(5) of this Act, the Administrator shall initiate

21 a proceeding to cancel all registrations containing

22 such active ingredient to which the determination

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

24 subject to cancellation proceedings shall neither ex25 pire nor be renewed pending the completion of can-
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1 cellation proceedings. If, after completion of can2 cellation proceedings under section 6(b), the Admin3 istrator determines not to cancel a registration, the

4 Administrator shall renew such registration.

5 ‘‘(7) FEES.—

6 ‘‘(A) The Administrator is authorized to

7 issue regulations to assess fees from registrants

8 reasonably calculated to cover costs associated

9 with the review of registrations pursuant to this

10 subsection.

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

12 issued pursuant to this paragraph with respect

13 to the registration of a pesticide is not paid by

14 the time prescribed by such regulations, the Ad15 ministrator, by order and without hearing, may

16 cancel the registration.

17 ‘‘(8) REGISTRATION RENEWAL FUND.—

18 ‘‘(A) ESTABLISHMENT.—There shall be es19 tablished in the Treasury of the United States

20 a registration renewal fund.

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

22 by the Administrator under paragraph (6) shall

23 be deposited into the fund and shall be available

24 to the Administrator, without fiscal year limita-
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1 tion, to carry out the provisions of subsection

2 (g) of this Act.

3 ‘‘(9) EXISTING STOCKS.—Whenever a pesticide

4 registration expires pursuant to this subsection, the

5 Administrator may issue an order allowing continued

6 distribution, sale or use of existing stock of the ex7 pired pesticide subject to such conditions and limita8 tions as the Administrator may specify, provided

9 such distribution, sale or use is consistent with the

10 provisions of the Act.’’.

11 SEC. 3. IMPORTS AND EXPORTS.

12 (a) EXPORTS.—Section 17 (7 U.S.C. 136o) is amend13 ed to read as follows:

14 ‘‘(a) CANCELLATION NOTICES FURNISHED TO FOR15 EIGN GOVERNMENTS.—Whenever a registration or a can16 cellation or suspension of the registration of a pesticide

17 becomes effective, or ceases to be effective, the Adminis18 trator shall transmit, not later than 180 days after the

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

20 the governments of other countries and to appropriate

21 international agencies. The notification shall include infor22 mation related to the cancellation or suspension of the reg23 istration of the pesticide and information concerning other

24 pesticides that are registered under section 3 and other
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1 alternatives including Integrated Pest Management, that

2 could be used in lieu of the pesticide.

3 ‘‘(b) CERTAIN PESTICIDES PROHIBITED FROM EX4 PORT.—

5 ‘‘(1) PESTICIDES CONTAINING ACTIVE INGREDI6 ENTS BANNED BECAUSE OF ADVERSE EFFECTS ON

7 HUMAN HEALTH OR THE ENVIRONMENT.—

8 ‘‘(A) Except as provided in subparagraph

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

10 country a pesticide that contains an active in11 gredient if all or virtually all use of the active

12 ingredient in the United States has been pro13 hibited. An active ingredient is subject to the

14 preceding sentence if any of the following has

15 occurred:

16 ‘‘(i) Registrations of pesticides con17 taining the active ingredient have been sus18 pended or canceled by the Administrator.

19 ‘‘(ii) Applications for registration of

20 pesticides containing the active ingredient

21 have been denied by the Administrator.

22 ‘‘(iii) Applications for registration of

23 pesticides containing the active ingredient

24 have been withdrawn by the registrant vol25 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 (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 ef11 fective for 1 year, except that the Administrator

12 may renew the finding if the importing country

13 informs the Administrator annually in writing

14 that it wishes to continue to import the pes15 ticide.

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 above 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 ment 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 this

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 shal 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 a lien 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.’’; and

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 sec21 tion 17 or to violate any regulation or order issued

22 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 Insecticide, Fun4 gicide, and Rodenticide Act Amendments of

5 1994.

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

7 who produces a pesticide for export, shall submit to

8 the Administrator—

9 ‘‘(A) any factual information regarding un10 reasonable adverse effects on the environment

11 of the pesticide; and

12 ‘‘(B) any information regarding the regu13 latory status of such pesticide in other countries

14 that would affect whether the pesticide may be

15 exported.’’.

16 SEC. 4. CANCELLATION.

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

18 to read as follows:

19 ‘‘(6) DENIAL OF REGISTRATION.—If the Ad20 ministrator determines that the requirements of

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

22 Administrator may issue a notice proposing denial of

23 registration. Such a notice shall include the legal

24 and factual bases for the denial. The Administrator

25 shall send a notice proposing denial to the applicant
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1 for registration and shall promptly publish the notice

2 in the Federal Register. Subsequent action on the

3 proposed denial shall be in accord with the applica4 ble provisions of section 6(b).’’.

5 (b) Section 3(d)(2) (7 U.S.C. 136a(d)(2)) is amended

6 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 shall at

6 all times have the burden of showing that the stand7 ard for cancellation, denial or change in classifica8 tion 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
34

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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
37

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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 no 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-
39

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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-
40

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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 an 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 30 days

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 clauses (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 on 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.

24 ‘‘(C) After the opportunity for comment on

25 a notice issued pursuant to section 6(b)(8)(B)
44

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1 has expired, the Administrator shall publish a

2 final decision in the Federal Register either de3 nying the application or granting reconsider4 ation of the prior final order to the extent nec5 essary to consider the application. A final deci6 sion granting reconsideration may, at the Ad7 ministrator’s discretion, contain a final deter8 mination granting or rejecting the application.

9 If such a final determination is not contained in

10 a final decision granting reconsideration, the

11 application shall be reviewed according to the

12 provisions of section 3 or 24 as appropriate.

13 ‘‘(D)(i) If the Administrator grants recon14 sideration, but denies the application, the Ad15 ministrator shall publish in the Federal Reg16 ister a notice proposing denial of registration

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

18 notice may be contained in a final decision

19 granting reconsideration issued pursuant to sec20 tion 6(b)(8)(B). Subsequent action on the pro21 posed denial shall be in accord with the applica22 ble provisions of section 6(b).

23 ‘‘(ii) If the Administrator determines, after

24 granting reconsideration, that the application

25 should be granted, he shall publish in the Fed-
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1 eral Register a notice granting the application.

2 Such a notice may be contained in a final deci3 sion granting reconsideration issued pursuant

4 to section 6(b)(8)(B).

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

6 may permit the continued sale and use of existing

7 stocks of a pesticide whose registration is canceled

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

9 and for such uses as the Administrator may specify

10 if such sale or use is not inconsistent with the pur11 poses of this Act and will not have unreasonable ad12 verse effects on the environment.’’.

13 ‘‘(d) CONFORMING AMENDMENT.—Section 25(d) (7

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

15 ‘‘(d) SCIENTIFIC ADVISORY PANEL.—Prior to issu16 ance of a proposed order under section 6(b), the Adminis17 trator shall notify an advisory panel of such action and

18 shall provide such panel an opportunity to submit written

19 comments as to the impact on health and the environment

20 of such proposed orders. The Administrator shall submit

21 proposed and final form regulations issued under section

22 25(a) within the same time periods as provided for the

23 comments of the Secretary of Agriculture. The time re24 quirements for proposed and final form regulations may

25 not be modified or waived unless in addition to meeting
46

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

2 failed to comment on the proposed action within the pre3 scribed time period or has agreed to the modification or

4 waiver.’’.

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

6 AND COSMETIC ACT.

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

8 the end the following:

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

10 COSMETIC ACT.—

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

12 without a hearing, cancel a pesticide registration, or

13 deny the application for registration or amended

14 registration of a pesticide if the Administrator has

15 revoked a tolerance regulation or denied a petition

16 to establish a tolerance regulation under section 408

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

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

19 use of the pesticide, unless the Administrator deter20 mines that such use is unlikely to result in food that

21 is adulterated within the meaning of section

22 342(a)(2)(B) of title 21 of the United States Code.

23 ‘‘(2) Except where such order eliminates all

24 uses of a pesticide, any order issued pursuant to

25 paragraph (1) shall not be effective until thirty days
47

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1 after publication in the Federal Register, and an ap2 plication or registration shall not be denied or can3 celed pursuant to the order if the applicant or reg4 istrant, within such thirty days, has applied to

5 amend the registration or application to delete the

6 uses that form the basis of the cancellation or denial

7 under paragraph (1).’’.

8 SEC. 6. SUSPENSION.

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

10 read as follows:

11 ‘‘(c) SUSPENSION.—

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

13 that use of a pesticide results in an imminent haz14 ard, he may issue an order immediately suspending

15 the registration of such pesticide. The order shall

16 specify the bases for the Administrator’s determina17 tion that an imminent hazard exists. The Adminis18 trator shall send to the registrant by certified mail

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

20 order in the Federal Register. The order shall be21 come effective with respect to the registrant upon

22 publication in the Federal Register or upon receipt

23 by the registrant of the order, whichever occurs first.

24 The order shall become effective with regard to per25 sons other than the registrant upon publication of
48

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1 the order in the Federal Register. The suspension

2 shall automatically expire one hundred and eighty

3 days after becoming effective unless, on or before

4 such expiration date, the Administrator has pub5 lished in the Federal Register a proposed cancella6 tion order that would cancel the registration of the

7 pesticide use suspended by the order issued under

8 this subparagraph. If a proposed cancellation order

9 is issued before the expiration date, the suspension

10 shall continue in effect until terminated in accord11 ance with paragraph (4).

12 ‘‘(2) CONSULTATION WITH FEDERAL AGEN13 CIES.—If the Administrator intends to suspend a

14 pesticide registered for agricultural uses, the Admin15 istrator shall consult with the Secretary of Agri16 culture regarding the proposed suspension. If the

17 Administrator intends to suspend a pesticide reg18 istered for public health uses, the Administrator

19 shall consult with the Secretary of Health and

20 Human Services regarding the proposed suspension.

21 ‘‘(3) DURATION OF SUSPENSION.—A suspen22 sion order issued under this subsection may be ter23 minated by the Administrator at any time. A sus24 pension order issued under this subsection shall

25 automatically terminate upon completion of a pro-
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1 ceeding to cancel the registration of the pesticide

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

3 Administrator of the suspended registration. If the

4 Administrator’s cancellation of the suspended reg5 istration is overturned by a reviewing court, the sus6 pension order issued under this subsection shall be

7 reinstated unless otherwise ordered by the reviewing

8 court, if the decision of the court overturning the

9 cancellation allows for further substantive delibera10 tions by the Administrator on the proposed cancella11 tion.

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

13 ‘‘(A) A registrant, or any other interested

14 person with the concurrence of the registrant,

15 may, within thirty days of publication of the

16 suspension order in the Federal Register, peti17 tion the Administrator to reconsider the issu18 ance of the suspension order. A petitioner must

19 include in the petition specific objections to the

20 suspension order, and must include the specific

21 bases supporting the petitioner’s conclusion

22 that the standard for suspension is not met. A

23 petition must be accompanied by any informa24 tion the petitioner wishes the Administrator to

25 consider in reviewing the petition. The Adminis-
50

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1 trator shall, within one hundred and twenty

2 days of receipt of the last of such petitions,

3 issue an order granting or denying petitions re4 ceived within thirty days of the publication of a

5 suspension order. Any suspension order issued

6 under this subsection shall expire automatically

7 if the Administrator fails to respond to any pe8 tition within the time required. Such an order

9 responding to a petition for reconsideration

10 shall be sent to the petitioner and published in

11 the Federal Register, and shall include the fac12 tual and legal bases for the Administrator’s de13 termination on the petition.

14 ‘‘(B) A registrant, or any other interested

15 person with the concurrence of the registrant,

16 may file with the Administrator a petition to re17 consider the issuance of a suspension order

18 more than thirty days after publication of the

19 suspension order in the Federal Register only if

20 the petition is based upon substantial new in21 formation which—

22 ‘‘(i) may materially affect the basis

23 for or content of the suspension order;

24 ‘‘(ii) was not available to the Adminis25 trator at the time he issued the suspension
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1 order or denied any petition submitted

2 under subparagraph (5)(A) of this para3 graph; and

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

5 of due diligence, have been submitted to

6 the Administrator within thirty days of the

7 issuance of a suspension order.

8 In addition to demonstrating that the petition

9 is based upon new information which meets the

10 criteria of this subparagraph, a person filing a

11 petition more than thirty days after the publica12 tion of a suspension order must include in the

13 petition specific objections to the suspension

14 order and the specific bases supporting the peti15 tioner’s conclusion that the standard for sus16 pension is not met. Such a petition must be ac17 companied by any information the petitioner

18 wishes the Administrator to consider in review19 ing the petition. The Administrator shall issue

20 an order granting or denying a petition filed

21 more than thirty days after the publication of

22 a suspension order within one hundred and

23 twenty days of receipt of the petition. Such an

24 order shall be sent to the petitioner and pub25 lished in the Federal Register, and shall include
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1 the factual and legal bases for the Administra2 tor’s determination on the petition.’’.

3 (b) Section 6(h) (7 U.S.C. 136d(h)) is amended to

4 read as follows:

5 ‘‘(h) UNREVIEWABLE ACTIONS.—Nothing in this sec6 tion relating to the provision of notification to or consulta7 tion with other Federal Agencies or the Scientific Advisory

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

9 substantive or procedural, enforceable at law by a party

10 against the United States, its agencies, its officer, or any

11 person. No court of the United States shall have jurisdic12 tion to review any challenge to any action or failure to

13 take action by the Agency pursuant to this section where

14 such challenge is based upon an assertion that the Agency

15 failed to properly notify or consult with any other Federal

16 Agency or the Scientific Advisory Panel.’’.

17 SEC. 7. LABEL CALL-IN.

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

19 at the end the following:

20 ‘‘(h) LABEL CALL-IN.—

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

22 the Administrator determines that the risks associ23 ated with the use of a pesticide can be reduced by

24 a change in the labeling, packaging, or composition

25 of the pesticide, the Administrator may issue a no-
53

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1 tice requiring that registrants change the labeling,

2 packaging, or composition of the pesticide. Provided,

3 however, that the Administrator may not pursuant

4 to this section require any change in the labeling,

5 packaging or composition of a pesticide if the Ad6 ministrator determines the change will effectively

7 prohibit or make economically unfeasible substan8 tially all use of the pesticide on one or more use

9 sites. The Administrator shall send any notice issued

10 pursuant to this section to the registrant of every

11 pesticide to which the determination relates. The no12 tice shall include a description of the required

13 changes and the bases for the Administrator’s deter14 mination that such changes will reduce the risks as15 sociated with the use of the pesticide. The notice

16 shall also include such requirements for notifying the

17 Administrator or submitting amendments of reg18 istration reflecting the changes as the Administrator

19 deems appropriate.

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

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

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

23 objections to the change. A registrant may object to

24 the change if the registrant believes—
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1 ‘‘(A) the change would effectively prohibit

2 or make economically unfeasible substantially

3 all use of the pesticide on one or more use sites;

4 ‘‘(B) the change is not necessary for the

5 particular product or that a better alternative

6 means exists to prevent the unreasonable ad7 verse effects on the environment; or

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

9 proposed change exceed the benefits of the risk

10 reduction associated with making the proposed

11 change.

12 Any objections must include the specific bases for

13 the objections, and may be accompanied by any writ14 ten information the registrant desires to submit in

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

16 timely objections to a notice, the requirements con17 tained in the notice shall become final and shall not

18 be reviewable in any court.

19 ‘‘(3) RESPONSE TO OBJECTIONS.—The Admin20 istrator shall respond to any objections within 90

21 days of receipt of the objections by either withdraw22 ing, modifying, or affirming the requirements con23 tained in the notice issued pursuant to subsection

24 (a). Such written response shall be sent to the reg25 istrant and shall include the bases therefor. The re-
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1 sponse shall also include such requirements for noti2 fying the Administrator or submitting amendments

3 of registration reflecting the changes as the Admin4 istrator deems appropriate.

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

6 compliance date is hereby established to be on the

7 first day of October. The Administrator may estab8 lish a different compliance date for registrants if it

9 would be in the public interest.

10 ‘‘(5) TIME TO MAKE CHANGE.—Except as pro11 vided in paragraph (g), a registrant may not distrib12 ute or sell a product on or after the first compliance

13 date occurring more than one year after issuance of

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

15 unless the labeling, packaging, or composition of

16 such product complies with any requirements con17 tained in the notice or, if the notice is challenged,

18 in the response to objections issued pursuant to sub19 section (c): Provided, however, That if timely objec20 tions are filed and the Administrator does not re21 spond to such objections within 90 days, a registrant

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

23 first compliance date occurring more than 7 months

24 after the Agency responds to the objections, or more
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1 than one year from the issuance of the notice under

2 subsection (a), whichever is later.

3 ‘‘(6) EXCEPTION.—Notwithstanding any other

4 provision of this subsection, if the Administrator de5 termines that an earlier effective date for a change

6 in product labeling, packaging, or composition is in

7 the public interest, the Administrator may require

8 such changes within reasonable timeframes.

9 ‘‘(7) SUSPENSION.—If a registrant fails to com10 ply with a notice issued under subsection (a) or a

11 written response modifying a notice under subsection

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

13 hearing suspending the registration. Such suspen14 sion shall remain in effect until the registrant has

15 complied with the terms of the notice or the re16 sponse modifying the notice.

17 ‘‘(8) PESTICIDES IN THE CHANNELS OF

18 TRADE.—

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

20 persons other than the registrant, of a pesticide

21 product that does not comply with a notice is22 sued under subsection (a) and any written re23 sponse to objections under subsection (c), may

24 continue to distribute or sell such pesticide

25 product for two years after the registrant is
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1 prohibited from selling such product under sub2 section (f).

3 ‘‘(B) The Administrator may specify a

4 shorter period for the distribution or sale of

5 nonconforming pesticide products than is pro6 vided in paragraph (1) of this subsection if the

7 Administrator determines that a shorter period

8 is in the public interest. The Administrator

9 shall publish promptly such determination in

10 the Federal Register.

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

12 order, require the recall of any pesticide distributed

13 or sold in violation of any requirement issued by the

14 Administrator pursuant to this section. An order is15 sued under this subsection may apply to any person

16 who distributes or sells any pesticide in violation of

17 such a requirement and may require such person

18 to—

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

20 more storage facilities to receive and store the

21 pesticide to which the recall order applies, and

22 inform the Administrator of the location of each

23 such facility;

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

25 pesticide distributed or sold by such person in
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1 violation of this section that is tendered by any

2 other person who obtained the pesticide directly

3 or indirectly from the person that is subject to

4 such order;

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

6 such a tender, provide for proper transportation

7 of the pesticide to a storage facility;

8 ‘‘(D) take such reasonable steps as the Ad9 ministrator may prescribe to inform persons

10 who may be holders of the pesticide of the

11 terms of the recall order and how those persons

12 may tender the pesticide and arrange for trans13 portation of the pesticide to a storage facility;

14 and

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

16 pesticide was sold for any unused quantities of

17 such pesticide, unless the purchaser had knowl18 edge at the time of sale that such sale was in

19 violation of any requirement issued by the Ad20 ministrator pursuant to this section.

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

22 a use site means, for any agricultural use of a pes23 ticide, a particular crop or commodity. The Adminis24 trator shall identify, by regulation, nonagricultural

25 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

5 product in violation of any requirement issued

6 by the Administrator pursuant to section

7 3(g).’’.

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

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

10 the end the following:

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

12 USE OR PRODUCTION OF A PESTICIDE.—

13 ‘‘(1) STANDARD FOR REDUCTION, RESTRIC14 TION, OR ELIMINATION.—If the Administrator deter15 mines that—

16 ‘‘(A) credible scientific evidence indicates

17 that use of the pesticide is reasonably likely to

18 pose a significant risk to humans or the envi19 ronment; and

20 ‘‘(B) additional information should be de21 veloped to reduce uncertainties regarding the

22 risk;

23 the Administrator shall, pursuant to paragraphs

24 (2)–(4), restrict, reduce, or eliminate the use or pro25 duction of the pesticide, or evaluate other action as
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1 may be necessary to address the risk during the pe2 riod required for the development, submission, and

3 review of such additional information. The Adminis4 trator may gather any needed information by use of

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

6 ‘‘(2) CONSULTATION WITH THE SECRETARY OF

7 AGRICULTURE.—Prior to taking action under para8 graph (1), the Administrator, in consultation with

9 the Secretary of Agriculture, shall develop a strategy

10 to reduce or limit the risk identified in order to

11 avoid unnecessary dislocation in agricultural produc12 tion.

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

14 determines that the standard for taking regulatory

15 action under paragraph (1) is met, the Adminis16 trator may issue a proposed rule to restrict, reduce

17 or eliminate the use or production of a pesticide.

18 The Administrator shall publish the proposed rule in

19 the Federal Register and shall afford the registrant

20 and any other interested person an opportunity to

21 comment on the proposed rule for at least 60 days

22 after publication in the Federal Register. Any person

23 may submit comments concerning the impact of the

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

25 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.—

13 ‘‘(A) If no comments opposing the pro14 posed rule are submitted by registrants or other

15 interested persons during the comment period

16 provided under paragraph (3), and if the reg17 istrant does not file a timely application for

18 amendment of registration to implement the

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

20 the Administrator may issue a final rule. The

21 Administrator shall publish such final rule in

22 the Federal Register. A final rule issued under

23 this paragraph shall not be subject to judicial

24 review.
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1 ‘‘(B) If, after reviewing comments submit2 ted pursuant to paragraph (3), the Adminis3 trator determines that the standard for taking

4 action under paragraph (1) has been met, the

5 Administrator shall publish a final rule in the

6 Federal Register. The final rule shall include

7 (or incorporate by reference to publicly available

8 documents) the following:

9 ‘‘(i) The terms and conditions of the

10 final rule.

11 ‘‘(ii) The factual and legal bases for

12 the final rule.

13 ‘‘(iii) A summary of the significant

14 comments received under paragraph (3)

15 and the Administrator’s responses to those

16 comments.

17 ‘‘(iv) A description of the additional

18 information needed to address the uncer19 tainties of the risk identified in paragraph

20 (1).

21 ‘‘(C) If, after reviewing the comments sub22 mitted under paragraph (3) the Administrator

23 determines not to restrict, reduce, or eliminate

24 pesticide uses or production the Administrator

25 shall publish such determination in the Federal
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1 Register. Such decision shall include the factual

2 and legal basis for the determination, a sum3 mary of the significant comments submitted

4 under paragraph (3), and the Administrator’s

5 response to those comments. Such a decision

6 shall be effective upon publication.

7 ‘‘(D) Section 25(a) of this Act shall not

8 apply to proposed or final rules issued pursuant

9 to this subsection.

10 ‘‘(E) Unless otherwise ordered by a court

11 of appropriate jurisdiction, a final rule issued

12 under paragraph (4) shall remain in effect

13 pending the resolution of any regulatory action

14 under section 6 or section 106 or until such

15 time as the Administrator revokes or modifies

16 the rule.

17 ‘‘(5) REVIEW OF INFORMATION.—

18 ‘‘(A) The Administrator shall review

19 promptly upon submission the information iden20 tified in the final rule and shall—

21 ‘‘(i) initiate appropriate regulatory ac22 tion under section 6 or section 106;

23 ‘‘(ii) revoke or modify the rule pursu24 ant to the procedures provided in para25 graphs (3) and (4) of this subsection; or
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1 ‘‘(iii) issue a final determination to

2 maintain in effect the final rule if the in3 formation submitted is not sufficient for

4 the Administrator to proceed under clauses

5 (i) and (ii).

6 ‘‘(B) A final determination issued pursuant

7 to subparagraph (A)(iii) to maintain in effect a

8 final rule shall be published in the Federal Reg9 ister and shall be subject to judicial review pur10 suant to section 16(a) of this Act.

11 ‘‘(6) EFFECT ON OTHER AUTHORITIES.—Noth12 ing in this subsection shall limit the authority of the

13 Administrator to take any regulatory or enforcement

14 action at any time under any other provision of this

15 Act.’’.

16 SEC. 9. REDUCED RISK PESTICIDES.

17 (a) REDUCED RISK PESTICIDES.—

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

19 amended to add at the end the following:

20 ‘‘(G) If the applicant is requesting designa21 tion as a reduced risk pesticide, an explanation

22 of the basis for the request, in accordance with

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

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

25 to add at the end the following:
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1 ‘‘(9) REDUCED RISK PESTICIDES.—

2 ‘‘(A) Not later than 1 year after the enact3 ment of this paragraph, the Administrator shall

4 develop criteria, after opportunity for public

5 comment, for the designation of reduced risk

6 pesticides. Such criteria shall, at a minimum,

7 address potential risks to human health, tox8 icity to other non-target organisms, environ9 mental persistence, potential to contaminate the

10 environment, and compatibility with integrated

11 pest management strategies.

12 ‘‘(B) Any registrant or applicant for reg13 istration may request the Administrator to des14 ignate a pesticide as a reduced risk pesticide

15 under this paragraph. The Administrator shall

16 prescribe the form and content of such requests

17 for designation, which shall require the

18 requestor to address each criterion established

19 under subparagraph (A). A request for designa20 tion may be combined with an application for

21 registration under this section.

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

23 after receiving a request for designation, shall

24 notify the applicant or registrant requesting

25 designation whether the request is complete. If
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1 it is found to be incomplete, the Administrator

2 shall reject the request. If the request is com3 plete, the Administrator shall review the request

4 not later than 120 days after receipt, and shall

5 designate the pesticide as a ‘‘reduced risk pes6 ticide’’ if the pesticide meets the criteria for re7 duced risk issued pursuant to paragraph (A).

8 The Administrator shall publish a notice of

9 findings regarding such designation in the Fed10 eral Register.

11 ‘‘(D) If a request for designation is accom12 panied by an application for registration or

13 amended registration, the Administrator, within

14 180 days of designating that a pesticide quali15 fies for reduced risk status, shall complete re16 view of the application and shall notify the ap17 plicant or registrant whether the registration or

18 amended registration has been granted or de19 nied. If the application is denied, the Adminis20 trator shall comply with the procedures under

21 section 3(c)(6).

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

23 of a pesticide as a reduced risk pesticide the

24 registrant has additional information bearing on

25 the pesticide’s ability to meet the criteria estab-
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1 lished under subparagraph (A), the registrant

2 shall immediately submit a report containing

3 such information to the Administrator.

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

5 of a pesticide as a reduced risk pesticide the

6 Administrator concludes that the determination

7 made under subparagraph (C) can no longer be

8 supported, the Administrator shall revoke the

9 designation, after providing the registrant with

10 an opportunity for comment on the basis of the

11 Agency’s conclusion.’’.

12 (b) EXCLUSIVE USE OF REDUCED RISK PESTICIDES

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

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

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

16 clauses (iii) and (iv), respectively.

17 ‘‘(ii) the period of exclusive date use

18 for data submitted to support the applica19 tion for the original registration of a pes20 ticide under clause (i) shall be extended by

21 an additional two years if, after the date of

22 enactment of this provision—

23 ‘‘(I) the Administrator approves

24 at least three minor uses of the pes25 ticide prior to the expiration of the
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1 period of exclusive use under clause

2 (i); or

3 ‘‘(II) the pesticide has been des4 ignated as a reduced risk pesticide

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

6 subsection prior to the expiration of

7 exclusive use under clause (i).

8 Any additional exclusive use period under

9 subclause (I) or (II) shall terminate if the origi10 nal data submitter voluntarily cancels the origi11 nal registration of the pesticide supported by

12 data described in clause (i) of this subsection.

13 Any additional exclusive use period under

14 subclause (II) shall terminate if the Adminis15 trator revokes the designation of a pesticide as

16 reduced risk under paragraph (9)(E) of this

17 subsection.’’.

18 (c) DEFINITION OF BIOLOGICAL PESTICIDE.—Sec19 tion 2 (7 U.S.C. 136) is amended by adding at the end

20 the following:

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

22 pesticide’ means a biochemical pesticide, plant pesticide,

23 or any organism that is a biological control agent, includ24 ing a microbial pesticide.’’.
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1 (d) CONDITIONAL REGISTRATION FOR NEW

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

3 amended by adding at the end the following:

4 ‘‘(D) The Administrator may conditionally

5 register a biological pesticide, as that term is

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

7 or a mixture of biological pesticides not con8 tained in any currently registered pesticide

9 prior to the development of all data necessary

10 for the Administrator to determine whether the

11 pesticide meets the requirements of paragraph

12 (5) of this subsection. A conditional registration

13 under this paragraph may be granted for a pe14 riod no longer than is necessary for the genera15 tion, submission and review of required data

16 and on the condition that by the end of such

17 period the Administrator receives such data and

18 the data do not meet or exceed risk criteria

19 enumerated in regulations issued under this

20 Act, and on such other conditions as the Ad21 ministrator may prescribe. A conditional reg22 istration under this subparagraph shall be

23 granted only if the Administrator determines,

24 based on available information, that use of the

25 pesticide during such period will not cause any
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1 unreasonable adverse effect on the environment,

2 and that use of the pesticide is in the public in3 terest.’’.

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

5 amended by adding at the end the following:

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

7 applications in the following order:

8 ‘‘(A) Applications for registration of any

9 pesticide that would meet pest control needs

10 which are currently being addressed through

11 pesticide use authorized under Section 18 of

12 this Act.

13 ‘‘(B) Applications which EPA considers

14 likely to reduce the risk of adverse effects on

15 the environment from the use of currently reg16 istered pesticides subject to proceedings under

17 section 6.

18 ‘‘(C) Applications for registration of any

19 pesticide that meets reduced risk criteria estab20 lished by the Administrator.

21 ‘‘(D) Applications for the registration of

22 pesticides for minor uses.

23 ‘‘(E) Other applications.’’.

24 (f) AMENDMENTS TO CONFORM TO CURRENT REG25 ISTRATION PRIORITIES.—
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1 (1) Section 3(c)(3)(B)(ii) (7 U.S.C.

2 136a(c)(3)(B)(ii)) is amended as follows:

3 ‘‘(ii) In expediting the review of an

4 application for an action described in

5 clause (i), the Administrator shall, to the

6 extent consistent with the priorities estab7 lished in subsection (10),—’’.

8 (2) RESEARCH AND INVESTIGATION, MONITOR9 ING, EDUCATION AND INFORMATION.—Section 20 (7

10 U.S.C. 136r) is amended—

11 (A) by redesignating subsections (b) and

12 (c) as (c) and (d), respectively,

13 (B) by amending subsections (a)–(c) as fol14 lows:

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

16 EDUCATION AND INFORMATION.

17 ‘‘(a) COOPERATIVE AGREEMENTS.—The Adminis18 trator may enter into cooperative agreements, interagency

19 agreements and contracts with, and issue grants to, Fed20 eral, State, tribal and local agencies, other public or pri21 vate agencies, institutions, organizations, and individuals

22 for research, investigations, studies, demonstrations or

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

24 Such activities may include, but are not limited to, re25 search, investigations, demonstrations, and studies in inte-
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1 grated pest management, alternative pest management,

2 and reduced pesticide use. The Administrator shall consult

3 with the Secretary of Agriculture in conducting research,

4 investigations, studies, and demonstrations in integrated

5 pest management, and with the Secretary of State and

6 the Administrator of the Agency for International Devel7 opment when international activities are involved.

8 ‘‘(b) INFORMATION EXCHANGE.—The Administrator,

9 in cooperation with other Federal, State, tribal, and local

10 agencies, universities or others, may promote training,

11 education and information exchange for the general public

12 and for pesticide users.’’, and

13 (C) by adding new subsections (e) and (f)

14 as follows:

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

16 Secretary of Health and Human Services and the Sec17 retary of Agriculture, in consultation with the Adminis18 trator, shall review the recommendations of the National

19 Academy of Sciences report, Pesticides in the Diets of In20 fants and Children, and conduct surveys to document die21 tary exposure to pesticides among infants and children

22 and perform such other research and collect such informa23 tion as they determine would be necessary for the evalua24 tion and implementation of the recommendations.
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1 ‘‘(f) DUPLICATION OF ACTIVITIES.—The Adminis2 trator shall ensure that activities conducted under this

3 section will not result in unnecessary duplication of activi4 ties being undertaken by any other Federal agency or part

5 of the Environmental Protection Agency.’’.

6 (3) STATE AND TRIBAL PROGRAM DEVELOP7 MENT, ENFORCEMENT, AND TRAINING.—Section 23

8 (7 U.S.C. 136u) is amended as follows:

9 ‘‘SEC. 23. STATE AND TRIBAL PROGRAM DEVELOPMENT,

10 ENFORCEMENT, AND TRAINING.

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

12 agreements, interagency agreements and contracts with,

13 and issue grants to, States and Indian tribes—

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

15 the authority to cooperate in the enforcement of this

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

17 train personnel of the State or Indian tribe to co18 operate in the enforcement of this Act, and to assist

19 States and Indian tribes in implementing cooperative

20 enforcement programs;

21 ‘‘(2) to assist States and Indian tribes in devel22 oping and administering State and tribal programs,

23 and to train and certify applicators consistent with

24 the standards the Administrator prescribes; and
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1 ‘‘(3) to cooperate in the development of national

2 pesticide programs, including, but not limited to, ef3 forts to protect endangered species, ground water,

4 the public, workers, and users from pesticide con5 tamination and exposure, and to assist States and

6 Indian tribes in implementing effective pesticide pro7 grams.

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

9 Secretary of Agriculture, use the services of the coopera10 tive state extension services to inform and educate pes11 ticide users about accepted uses and other regulations

12 made under this Act.’’.

13 (g) ALTERNATIVE PEST CONTROL STRATEGIES.—

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

15 ‘‘(a) IN GENERAL.—

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

17 relates to research in pest control methods, to sup18 port research and development of pest control meth19 ods that reduce risks to human health and the envi20 ronment. The purpose of such research shall be to

21 achieve pest management in the most environ22 mentally sound manner possible, to reduce the inci23 dence of pest resistance, and to develop sufficient

24 pest management alternative to ensure economical

25 agricultural production.
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1 ‘‘(2) In support of (1), the following activities

2 shall be pursued:

3 ‘‘(A) COMPARATIVE INFORMATION ON PES4 TICIDE PROPERTIES.—The Administrator, in

5 consultation with the Secretary of Agriculture,

6 shall develop and make readily available infor7 mation that identifies the significant environ8 mental properties and potential human health

9 effects of pesticides, provides for comparison

10 and analysis of those properties, and provides

11 information necessary to assist in establishing

12 priorities for research and development of alter13 native pest management methods.

14 ‘‘(B) EVALUATION OF EFFECTIVENESS OF

15 PEST CONTROL METHODS.—The Secretary of

16 Agriculture, in coordination and cooperation

17 with the Administrator, shall develop a system

18 for evaluating agricultural pest control needs

19 and the effectiveness of available chemical, bio20 logical and non-pesticide methods to control

21 pests. Such system shall identify agricultural

22 pest management needs for which there are in23 adequate methods of control including the inci24 dence of pest resistance and provide a means to
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1 assist in setting priorities for research and de2 velopment.

3 ‘‘(C) RESEARCH PRIORITIES.—The Sec4 retary of Agriculture, after consultation with

5 the Administrator, and taking into account pri6 vate, academic, and other public research activi7 ties, shall establish priorities for the Depart8 ment of Agriculture’s research and development

9 efforts in pest management methods. The Sec10 retary shall give highest priority to research

11 and development of methods that would signifi12 cantly reduce risks to public health and the en13 vironment and would meet agricultural pest

14 management needs for which there are inad15 equate methods of control. The highest priority

16 shall be for research and development into

17 methods that would meet the criteria stated

18 above and would provide pest control methods

19 to serve as alternatives to pesticides identified

20 in (b).

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

22 The Secretary and the Administrator, in consultation with

23 the Secretary of the Interior shall develop and implement

24 a process for coordinating environmental risk reduction

25 through identification of pesticides that pose significant
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1 risk to human health or the environment, and for which

2 development of use reduction programs and research on

3 safer alternative means of pest control should be high pri4 ority for USDA research programs. The Secretary shall

5 give highest priority to research on methods that would

6 significantly reduce risks to public health and the environ7 ment, lead to more sustainable agricultural systems, and

8 would meet significant agricultural pest management

9 needs for which there are inadequate methods of pest

10 management.

11 ‘‘(1) LIST OF PESTICIDES.—The Administrator

12 shall identify and provide to the Secretary of Agri13 culture, within six months of enactment and annu14 ally thereafter, a list of agricultural use pesticides—

15 ‘‘(A) for which the Administrator is consid16 ering regulatory action under section 4 or 6

17 that would affect the availability of the pes18 ticide. Such list shall include the associated ag19 ricultural commodities and pests which may be

20 affected by regulatory action regarding the pes21 ticide,

22 ‘‘(B) which otherwise pose significant risks

23 to human health and the environment, and

24 ‘‘(C) for which there exists significant in25 stances of pest resistance.
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1 ‘‘(2) DEVELOPMENT OF PLANS.—The Secretary

2 shall review all available alternatives to the pes3 ticides contained in the list provided in (b)(1). Not

4 later than 6 months after the Administrator provides

5 the list to the Secretary, the Secretary shall, in con6 sultation with the Administrator, develop a research

7 and technology transfer plan for each pest-commod8 ity combination on the list for which there are insuf9 ficient efficacious alternative pest control techniques

10 that present significantly less risk to human health

11 or the environment. In developing and implementing

12 such plans, the Secretary shall give highest priority

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

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

15 ‘‘(i) to provide alternative pest control

16 methods to growers who will otherwise be

17 limited in the pest control methods avail18 able, and

19 ‘‘(ii) to significantly reduce risks to

20 humans and the environment.

21 ‘‘(B) Each plan shall be developed and im22 plemented in a manner consistent with any

23 schedules for regulatory action in sections 4

24 and 6.
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1 ‘‘(c) RESEARCH.—The research component of each

2 plan shall—

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

4 support the strategy and establish priorities for re5 search to be undertaken pursuant to the plan;

6 ‘‘(2) provide for the direct involvement of grow7 ers in affected regions, educational or research insti8 tutions, and other interested persons in the design,

9 implementation and evaluation of the plan; and

10 ‘‘(3) give priority to research in cultural pest

11 controls, biological pest controls, and other non12 chemical pest controls.

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

14 transfer component of each plan shall—

15 ‘‘(1) be developed with direct involvement of af16 fected growers, educational or research institutions

17 and other interested persons;

18 ‘‘(2) provide for farm level education and tech19 nology transfer of successful alternative pest con20 trols; and

21 ‘‘(3) identify research projects nearing comple22 tion which meet the objectives of this subsection and

23 expedite technology transfer of such research to

24 growers.
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1 ‘‘(e) COORDINATION WITH REGISTRATION ACTIVI2 TIES.—The Administrator shall give priority to applica3 tions of any pesticide meeting the criteria for reduced risk

4 under section 9 that may be developed as part of the strat5 egy implementation.

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

7 the Administrator shall prepare annually and present to

8 the House Agriculture Committee and the Senate Agri9 culture and Forestry Committee report on the progress

10 of pest management for each agricultural commodity for

11 which there exists a plan under paragraph (2). The report

12 shall include an evaluation of whether the plans are meet13 ing the objectives of paragraph (2). Evaluation shall be

14 conducted by a committee that includes affected growers,

15 researchers, members of the public and officials of USDA

16 and EPA. The Secretary and the Administrator shall

17 make necessary modifications to the plans, pursuant to

18 such evaluation.

19 ‘‘(g) USE OF RESEARCH FUNDS.—

20 ‘‘(1) The Secretary shall allocate sufficient ap21 propriated funds to carry out the objectives of this

22 section.

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

24 out research and technology transfer plans to which

25 grower funds have been committed, including grower
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1 check-off programs, marketing orders or other grow2 er funded activities. The Secretary shall give priority

3 to research which is partially funded by non-federal

4 entities. No monies under this section may be made

5 available to persons directly or indirectly engaged in

6 the registration of pesticides under this Act for prof7 it.

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

9 Secretary shall ensure that research conducted under this

10 section does not duplicate research being undertaken by

11 other government agencies, academic institutions, or pri12 vate entities.

13 ‘‘(i) INTEGRATED PEST MANAGEMENT.—The Sec14 retary of Agriculture, in consultation and cooperation with

15 the Administrator shall establish a national goal for the

16 adoption of integrated pest management techniques. Inte17 grated pest management refers to the use of pest manage18 ment techniques that includes reliance on field monitoring19 data, use of economic thresholds in decision-making con20 servation of beneficial and non-target species, utilization

21 of biologically based controls and other techniques which

22 minimize the environmental and human health risks of

23 pest management practices. The Secretary of Agriculture,

24 in cooperation with the Administrator, shall implement re25 search, demonstration, and education programs to support
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1 meeting the goals for adoption of integrated pest manage2 ment, and shall collect such information as necessary to

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

4 Secretary of Agriculture and the Administrator shall make

5 information on integrated pest management widely avail6 able to pesticide users, including federal agencies. Federal

7 agencies shall use integrated pest management techniques

8 in carrying out pest management activities and shall pro9 mote integrated pest management through procurement,

10 regulatory policies, and other activities.

11 ‘‘(j) USE REDUCTION.—The Secretary, in coopera12 tion with the Administrator, shall initiate pilot programs

13 designed to establish and implement pesticide use reduc14 tion goals in selected ecosystems, in cooperation with agri15 cultural producers, federal, state and local officials, and

16 other appropriate public and private entities.’’.

17 SEC. 10. MINOR USES.

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

19 amended by adding at the end the following:

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

21 use of pesticide on a commercial agricultural crop, on an

22 animal, or for the protection of public health, for which

23 the Administrator determines that—

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

25 crop is less than 300,000 acres and the average an-
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1 nual value of production for the crop for the three

2 calendar years most recently completed does not ex3 ceed $500,000,000 adjusted upward annually for in4 flation utilizing the Producer Price Index for Farm

5 Products; or

6 ‘‘(2) based on information supplied by the ap7 plicant, the use does not provide sufficient economic

8 incentive to support initial or continued registration

9 and one of the following criteria applies—

10 ‘‘(A) there are insufficient efficacious alter11 native registered pesticides available for the

12 use;

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

14 greater risks to the environment or human

15 health; or

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

17 in managing pest resistance.’’.

18 (b) ADEQUATE TIME FOR SUBMISSION OF MINOR

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

20 adding at the end the following:

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

22 USE DATA.—

23 ‘‘(1) If—

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

25 time frames and in accordance with the terms
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1 established by the Administrator for a minor

2 use waiver of data required under this section

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

4 ‘‘(B) the Administrator denies in whole or

5 in part such waiver request;

6 the registrant shall have the time period originally

7 established by the Agency for submission of such

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

9 notification of denial.

10 ‘‘(2) If a registrant requests additional time,

11 within time frames and in accordance with the terms

12 established by the Administrator, for submission of

13 residue chemistry data for one or more minor food

14 uses, the Administrator may approve a time exten15 sion for submission of such data until the final dead16 line, established as of the date of the approval of the

17 request, for the submission of the last data required

18 to support reregistration of the pesticide active in19 gredient.

20 ‘‘(n) CONTINUATION OF UNSUPPORTED MINOR

21 USES.—

22 ‘‘(1) Notwithstanding any other provision of

23 this section, the Administrator, on request of a reg24 istrant, may delay action to delete a minor food or

25 feed use for which the registrant has not agreed to
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1 timely submit residue data necessary for reregistra2 tion under this section. Provided that, the Adminis3 trator may approve such delay only if the registrant

4 continues to timely submit all other data necessary

5 for reregistration and provided that the delay would

6 not increase the risk of unreasonable adverse effects

7 on the environment or impair the Administrator’s

8 ability to make the determination required by sub9 section (g)(2). Such delay shall extend no longer

10 than the final deadline, established as of the date of

11 the approval of the request, for the submission of

12 data for the continued uses of the active ingredient.

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

14 Federal Register notice of minor uses that are ap15 proved for continued use, and the date upon which

16 such will be deleted from the pesticide registrations.

17 Each registrant must cease all distribution and sale

18 of products labeled for the minor use on the estab19 lished date.

20 ‘‘(3) The Administrator may by order and with21 out hearing delete a use continued under this sub22 section at any time prior to the established date if

23 no registrant is fulfilling data requirements (other

24 than residue chemistry data) necessary for rereg25 istration, or if the Administrator determines that the
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1 delay may increase the risk of unreasonable adverse

2 effects on the environment or significantly impair

3 the ability to make the determination required by

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

5 with the order to remove the use from its product

6 registrations, the Administrator shall cancel reg7 istrations containing the use by order without a

8 hearing.

9 ‘‘(o) AUTHORIZATION OF FUNDS TO DEVELOP PUB10 LIC HEALTH DATA.—

11 ‘‘(1) For the purposes of this section, ‘Sec12 retary’ means Secretary of Health and Human Serv13 ices, acting through the Public Health Service.

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

15 in public health programs for vector control or for

16 other uses the Administrator determines to be

17 human health protection uses, the Administrator

18 shall upon timely request by the registrant or any

19 other interested person, or on the Administrator’s

20 own initiative may, consult with the Secretary prior

21 to taking final action to suspend registration under

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

23 sections 4, 6(e) or 6(f). In consultation with the Sec24 retary, the Administrator shall prescribe the form

25 and content of requests under this section.
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1 ‘‘(3) The Administrator, after consulting with

2 the Secretary, shall make a determination whether

3 the potential benefits of continued use of the pes4 ticide for public health or health protection purposes

5 are of such significance as to warrant a commitment

6 by the Secretary to conduct or to arrange for the

7 conduct of the studies required by the Administrator

8 to support continued registration under section 3 or

9 reregistration under section 4.

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

11 a commitment is warranted and in the public inter12 est, the Administrator shall notify the Secretary and

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

14 under section 3(c)(2)(B) to specify additional rea15 sonable time periods for submission of the data.

16 ‘‘(5) The Secretary shall make such arrange17 ments for the conduct of required studies as the Sec18 retary finds necessary and appropriate to permit

19 submission of data in accordance with the time peri20 ods prescribed by the Administrator. Such arrange21 ments may include, but are not limited to, Public

22 Health Service intramural research activities, grants,

23 contracts or cooperative agreements with academic,

24 public health, or other organizations qualified by ex25 perience and training to conduct such studies.
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1 ‘‘(6) The Secretary may provide for support of

2 the required studies using funds authorized to be ap3 propriated under this section, the Public Health

4 Service Act, or other appropriate authorities. After

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

6 Secretary shall notify the Committees on Appropria7 tions of the House of Representatives and the Sen8 ate of the sums required to conduct the necessary

9 studies.

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

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

12 for fiscal year 1993, and such sums as may be nec13 essary for succeeding fiscal years.’’.

14 SEC. 11. PESTICIDE FEES.

15 (a) WAIVER OF FEES FOR BIOLOGICAL PES16 TICIDES.—Section 4(i)(4) (U.S.C. 136a–1(i)(4)) is

17 amended by—

18 (1) renumbering subparagraph (C) as subpara19 graph (D); and

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

21 ‘‘(C) A biological pesticide the value or vol22 ume of use of which is small, shall be exempt

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

24 and (3).’’.
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1 (b) CONTINUATION OF MAINTENANCE FEES.—Sec2 tion 4(i)(5)(E) (U.S.C. 136a–1(4)(i)(5)(E)) is amended to

3 read as follows:

4 ‘‘(E) The authority provided under this

5 paragraph shall terminate on September 30,

6 1999.’’.

7 (c) CONFORMING AMENDMENTS.—

8 (1) Section 4(i)(6) (U.S.C 136a–1(4)(i)(6) is

9 repealed, and subsection (7) is renumbered as sub10 section (6).

11 (2) Section 4(i) (U.S.C 136a–1(4)(i)) is amend12 ed to add at the end the following:

13 ‘‘(7) SUPPLEMENTAL REREGISTRATION FEE.—

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

15 to paragraphs (1)–(5), the registrants of pes16 ticides that contain an active ingredient that is

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

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

19 ingredient of any pesticide registered for a

20 major food or feed use shall collectively pay a

21 fee of up to $120,000 at such time as the Ad22 ministrator shall prescribe subject to the limita23 tion of subparagraph (C).

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

25 to paragraphs (1)–(5), the registrants of pes-
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1 ticides that contain an active ingredient that is

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

3 (D) of subsection (c)(2) and that is not an ac4 tive ingredient of any pesticide registered for a

5 major food or feed use shall collectively pay a

6 fee of up to $60,000 at such time as the Ad7 ministrator shall prescribe subject to the limita8 tion of subparagraph (D).

‘‘(C) The first 1 9 ⁄2 of the total fee due

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

11 not later than nine months after the effective

date of this paragraph and the remaining 1 12 ⁄2

13 not later than 21 months after the effective

14 date of this paragraph.

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

16 to pay any fee prescribed by subparagraph (A)

17 or (B) with respect to a particular active ingre18 dient, the fees for such active ingredient shall

19 be apportioned among such registrants on the

20 basis of the market share in United States sales

21 of the active ingredient for the calendar years

22 1990 through 1992; provided, that no fee shall

23 be collected from registrants owing less than

24 $100.00.
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1 ‘‘(E) The Administrator, by order, may re2 quire any registrant to submit such reports as

3 the Administrator determines to be necessary to

4 allow the Administrator to determine and ap5 portion fees under subparagraph (A) or (B),

6 and (D), or to determine the registrant eligi7 bility for a reduction or waiver of a fee.

8 ‘‘(F) If a report required under subpara9 graph (E) is not submitted by a registrant by

10 the time prescribed, or if any fee prescribed by

11 subparagraph (A) or (B) for an active ingredi12 ent is not paid by a registrant to the Adminis13 trator by the time prescribed, the Adminis14 trator, by order and without hearing, may can15 cel each registration held by such registrant of

16 a pesticide containing the active ingredient with

17 respect to which the reporting requirement or

18 fee is imposed.

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

20 only in pesticides that are registered solely for

21 agricultural or non-agricultural minor uses, or a

22 pesticide the value or volume of use of which is

23 small, shall be exempt from the fees prescribed

24 by subparagraph (B).
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1 ‘‘(H) A biological pesticide shall be exempt

2 from the fees prescribed by subparagraphs (A)

3 and (B).

4 ‘‘(8) PESTICIDE PRODUCT REREGISTRATION

5 FEES.—

6 ‘‘(A) For all determinations pursuant to

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

8 reregistration, the registrant of that pesticide

9 shall pay a fee of $750 for each affected prod10 uct.

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

12 under subparagraph (A) may be adjusted by

13 the Administrator to a level that will result in

14 the collection under this paragraph of, to the

15 extent practicable, an aggregate amount of at

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

17 ‘‘(C) If any fee prescribed by this para18 graph is not paid within 90 days of the reg19 istrant’s receipt of the reregistration eligibility

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

21 within 270 days after enactment of this sub22 paragraph, whichever is later, the Adminis23 trator, by order and without hearing, may can24 cel the current registration and deny reregistra-
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1 tion for the pesticide for which the fee is not

2 paid.

3 ‘‘(D) In the case of a pesticide that is reg4 istered for a minor agricultural use or the value

5 of volume of use of which is small, the Adminis6 trator may reduce or waive the payment of the

7 fee imposed under this paragraph if the Admin8 istrator determines that the fee would signifi9 cantly reduce the availability of the pesticide for

10 the use.

11 ‘‘(E) The cumulative maximum fees pay12 able by a single registrant under this paragraph

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

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

15 SEC. 12. USE-BY-PRESCRIPTION.

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

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

18 ‘‘(ii) If the Administrator classifies a

19 pesticide, or one or more uses of a pes20 ticide, for restricted use because of a deter21 mination that its use without additional

22 regulatory restriction may cause unreason23 able adverse effects on the environment,

24 the pesticide shall be applied only by or

25 under the direct supervision of a certified
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1 applicator, or subject to such other restric2 tions as the Administrator may provide by

3 regulation. A restricted use classification

4 or a change in classification of any use of

5 a pesticide from general to restricted use

6 established by rule under this clause shall

7 not be subject to the provisions of section

8 6(b).

9 ‘‘(iii) The Administrator may include

10 a provision in a rule issued pursuant to

11 subsection (ii) restricting a pesticide to use

12 only by prescription if the Administrator

13 determines that retaining the use of a pes14 ticide subject to such restriction is nec15 essary for integrated pest management

16 programs, pest resistance programs or oth17 erwise to reduce risk. If the Administrator

18 includes such a provision in a rule issued

19 pursuant to paragraph (ii), the Adminis20 trator shall (I) prohibit the use of the pes21 ticide in any state for which the state has

22 not developed, in accordance with criteria

23 establish by the Administrator, an appro24 priate state prescription use plan, or (II)

25 establish criteria for issuing pesticide use
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1 prescriptions, and may authorize persons

2 qualified under such criteria to issue pre3 scriptions pursuant to the rule.’’.

4 SEC. 13. JUDICIAL REVIEW.

5 (a) REVIEW BY COURTS OF APPEALS.—Sections

6 16(b) (7 U.S.C. 136n(b)) and 16(c) (7 U.S.C. 136n(c))

7 are amended to read as follows:

8 ‘‘(b) REVIEW BY COURTS OF APPEALS.—

9 ‘‘(1) REVIEW IN THE DISTRICT OF COLUMBIA

10 CIRCUIT.—A petition for review of any of the follow11 ing actions of the Administrator may be filed by any

12 adversely affected person only in the United States

13 Court of Appeals for the District of Columbia Cir14 cuit:

15 ‘‘(A) The promulgation of any regulations

16 by the Administrator under this Act, or a final

17 determination maintaining in effect a final rule

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

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

20 canceling or suspending a pesticide registration

21 in whole or in part or concluding that a pes22 ticide registration should not be canceled or

23 suspended.
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1 ‘‘(C) A final order of the Administrator ap2 proving or denying an application for a pes3 ticide registration.

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

5 changing the classification of any use of a pes6 ticide.

7 ‘‘(E) A final order of the Administrator re8 sponding to objections to a notice requiring

9 changes in the labeling, packaging, or composi10 tion of a pesticide.

11 ‘‘(F) A final order of the Administrator de12 nying a petition seeking to suspend or cancel a

13 pesticide registration, to deny an application for

14 a registration, to reconsider whether a registra15 tion should be suspended, or to change the clas16 sification of a pesticide.

17 ‘‘(G) A final determination of the Adminis18 trator to renew a pesticide registration under

19 section 3(g)(4).

20 ‘‘(H) A final determination of the Adminis21 trator resulting in the expiration of a registra22 tion under section 3(g)(5).

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

24 emergency exemption to a Federal agency.
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1 ‘‘(2) REVIEW BY OTHER COURTS OF AP2 PEALS.—A petition for review of any of the following

3 actions of the Administrator may be filed by any ad4 versely affected person only in the United States

5 court of appeals for the circuit in which the State

6 in question is located or in which a hearing assess7 ing a civil penalty occurred:

8 ‘‘(A) A final order following a hearing as9 sessing a civil penalty.

10 ‘‘(B) A final order of the Administrator de11 termining that a State shall have primary en12 forcement authority pursuant to section 26 of

13 this Act.

14 ‘‘(C) A final order of the Administrator re15 scinding primary enforcement authority pursu16 ant to section 27 of this Act.

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

18 approving or disapproving a State certification

19 plan for pesticide applicators pursuant to sec20 tion 11 of this Act.

21 ‘‘(E) A final order approving or disapprov22 ing a State plan for the issuance of experi23 mental use permits under section 5 of the Act.

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

25 disapproving a State’s registration of a pes-
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1 ticide or suspending a State’s authority to reg2 ister pesticides pursuant to section 24 of this

3 Act.

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

5 emergency exemption to a State.

6 ‘‘(3) PROCEDURE.—Except as provided in para7 graph (4) of this subsection, any petition for review

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

9 be filed within sixty days of the final action unless

10 the petition for review is based solely on grounds

11 arising after the sixtieth day. Judicial review shall

12 be in accordance with sections 701 through 706 of

13 Title 5 of the United States Code, and the chal14 lenged action shall be sustained unless it is found to

15 be arbitrary, capricious, an abuse of discretion, or

16 not in accordance with law. Actions of the Adminis17 trator with respect to which review could have been

18 obtained under this subsection shall not be subject

19 to judicial review in civil or criminal proceedings for

20 enforcement.

21 ‘‘(4) IMMINENT HAZARD SUSPENSION.—Any pe22 tition for review under paragraph (1) of a suspen23 sion order or denial of a petition to reconsider sus24 pension issued by the Administrator pursuant to sec25 tion 6(c) of this Act must be filed within ten (10)
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1 days of publication of the suspension order in the

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

3 the denial of a petition to reconsider suspension,

4 within twenty (20) days of publication of the Admin5 istrator’s order denying the petition for reconsider6 ation. The commencement of proceedings under this

7 paragraph shall not operate as a stay of the suspen8 sion order unless otherwise ordered by the court.

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

10 be only either to stay or uphold the effectiveness of

11 the suspension order, pending the Administrator’s

12 final determination with respect to cancellation. Re13 view of a suspension order issued pursuant to sec14 tion 6(c)(1), or review of the petitioner’s likelihood

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

16 request for a temporary stay from the suspension

17 order, shall be based solely on the information avail18 able to the Agency as of the date the Administrator

19 issued the suspension order. Other information not

20 available to the Administrator in issuing the suspen21 sion order under section 6(c)(1) may be introduced

22 solely through the procedures for reconsideration of

23 a suspension order set forth in section 6(c)(4).
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1 ‘‘(c) JURISDICTION OF DISTRICT COURT.—The dis2 trict courts of the United States are vested with jurisdic3 tion over—

4 ‘‘(1) actions to enforce, and to prevent and re5 strain violations of, this Act; and

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

7 are not committed to the Administrator’s discretion

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

9 courts of appeals under subsection (a) of this sec10 tion.’’.

11 SEC. 14. INDEMNIFICATION.

12 (a) INDEMNIFICATION.—Section 15 (7 U.S.C. 136m)

13 is amended by adding at the end the following:

14 ‘‘(d) TIME LIMITATION FOR INDEMNITY PAYMENT.—

15 Any claim for an indemnity payment from the United

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

17 it is made no later than—

18 ‘‘(1) 1 year after enactment of this subsection

19 if the pesticide was canceled prior to the enactment

20 of this subsection; or

21 ‘‘(2) 3 years after cancellation if the pesticide

22 was canceled after the enactment of this section.’’.
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1 SEC. 15. CERTIFICATION AND TRAINING.

2 INSTRUCTION IN INTEGRATED PEST MANAGEMENT

3 TECHNIQUES.—Section 11(c) (7 U.S.C. 136i(c)) is

4 amended to read as follows:

5 ‘‘(c) INSTRUCTION IN INTEGRATED PEST MANAGE6 MENT TECHNIQUES.—Standards prescribed by the Ad7 ministrator for the certification of applicators of pesticides

8 under subsection (a), and the State plans submitted to the

9 Administrator under subsections (a) and (b), shall include

10 provisions for making instructional materials concerning

11 integrated pest management techniques available to indi12 viduals at their request in accordance with the provisions

13 of section 23(c) of this Act. The Administrator and States

14 implementing such plans shall provide that all interested

15 individuals are notified of the availability of such instruc16 tional materials.’’.

17 SEC. 16. PESTICIDE RECORDKEEPING.

18 Section 7 U.S.C. 136i–1(a) is amended as follows:

19 (1) In subsection (1), by striking ‘‘certified ap20 plicators’’ through ‘‘136a(d)(1)(C) of this title’’ and

21 inserting ‘‘users of pesticides when used in agricul22 tural production’’.

23 (2) In subsection (2), by striking ‘‘a commercial

24 certified’’ and inserting ‘‘a pesticide user.’’

25 (3) In subsection (b), by striking ‘‘individual

26 applicators’’ and inserting ‘‘individual users.’’
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1 SEC. 17. ENFORCEMENT.

2 (a) DEFINITIONS.—

3 (1) Sections 2(e) (7 U.S.C. 136e) is amended

4 as follows:

5 ‘‘(e) APPLICATOR.—

6 ‘‘(1) CERTIFIED APPLICATOR.—The term ‘cer7 tified applicator’ means any individual who is cer8 tified under section 136b of this title as authorized

9 to use or supervise the use of any pesticide which is

10 classified for restricted use. Any applicator who

11 holds or applies registered pesticides, or uses dilu12 tions of registered pesticides consistent with sub13 section (ee) of this section, only to provide a service

14 of controlling pests without delivering any unapplied

15 pesticide to any person so served is not deemed to

16 be a seller or distributor of pesticides under this

17 subchapter.

18 ‘‘(2) COMMERCIAL APPLICATOR.—

19 ‘‘(A) Except as provided in subparagraph

20 (3), the term ‘commercial applicator’ means a

21 person who—

22 ‘‘(i) uses or supervises the use, for

23 any purpose or on any property, of any

24 pesticide that is classified for restricted

25 use;
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1 ‘‘(ii) uses or supervises the use of any

2 pesticide for hire as a principal part of the

3 business or work of the person; or

4 ‘‘(iii) as an employee of a person de5 scribed in clause (ii), uses or supervises the

6 use of any pesticide.

7 ‘‘(3) PRIVATE APPLICATOR.—The term ‘private

8 applicator’ means a person who uses or supervises

9 the use of any pesticide that is classified for re10 stricted use for purposes of producing any agricul11 tural product—

12 ‘‘(A) on property owned or rented by such

13 person or the employer of such person; or

14 ‘‘(B) on other property if applied without

15 compensation (other than trading of personal

16 services between producers of agricultural prod17 ucts).

18 ‘‘(4) UNDER THE DIRECT SUPERVISION OF A

19 CERTIFIED APPLICATOR.—Unless otherwise pre20 scribed by its labeling, a pesticide shall be consid21 ered to be used under the direct supervision of a cer22 tified applicator if the pesticide is applied by a per23 son acting under the instructions and control of a

24 certified applicator who is available if and when

25 needed, even though such certified applicator is not
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1 physically present at the time and place the pesticide

2 is used.’’.

3 (2) Section 2 (7 U.S.C. 136) is amended by

4 adding at the end the following:

5 ‘‘(jj) PESTICIDE TESTING FACILITY.—The term ‘pes6 ticide testing facility’ means any place where any person

7 conducts any test, study, survey, or investigation of the

8 properties, effects, or behavior of any pesticide (or any in9 gredient, metabolite, or degradation product thereof), de10 vice, or container or packaging of any pesticide or device,

11 on its own behalf or on behalf of any registrant, applicant

12 for registration, or other person who sells or distributes

13 the pesticide. The term does not include any place solely

14 on account of—

15 ‘‘(1) the participation of a commercial agricul16 tural producer as a cooperator in field testing of a

17 pesticide; or

18 ‘‘(2) the conduct of academic research at the

19 facility.

20 ‘‘(kk) PESTICIDE DEALER.—The term ‘pesticide

21 dealer’ means any person who, in the ordinary course of

22 business, distributes or sells any pesticide.

23 ‘‘(ll) AGRICULTURAL PRODUCER.—The term ‘agricul24 tural producer’ as used in this Chapter means a person

25 who produces any plant, or part thereof, or animal, or ani-
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1 mal product, primarily for sale, consumption, propagation,

2 or other use by humans or animals, including farmers,

3 ranchers, vineyardists, plant propagators, Christmas tree

4 growers, aquaculturalists, floriculturalists, orchardists,

5 foresters, or other comparable persons, but not including

6 C corporations as defined in 26 U.S.C. 1362 (a)(2).’’.

7 (b) RECORDKEEPING.—Section 8 (7 U.S.C. 136f) is

8 amended to read as follows:

9 ‘‘SEC. 8. RECORDS.

10 ‘‘(a) AUTHORITY TO REQUIRE RECORDS.—

11 ‘‘(1) IN GENERAL.—The Administrator, by reg12 ulation, shall require any producer, distributor, im13 porter or exporter of a pesticide, registrant, appli14 cant for registration, applicant for or holder of an

15 experimental use permit, pesticide testing facility, or

16 any holder of a pesticide that is the subject of a reg17 ulation or order issued under section 19(b) or under

18 subsection 106—

19 ‘‘(A) to prepare, and to maintain for rea20 sonable periods of time, such records as the Ad21 ministrator finds to be necessary for the effec22 tive implementation or enforcement of this Act;

23 ‘‘(B) to furnish to the Administrator re24 ports stating the location where the records are

25 maintained; and
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1 ‘‘(C) to furnish a copy of any such record

2 to the Administrator on written request.

3 ‘‘(2) RECORDS OF COMMERCIAL APPLICA4 TORS.—The Administrator, by regulation, shall re5 quire each commercial applicator to maintain, and

6 may require a commercial applicator to provide the

7 Administrator, records of each pesticide application,

8 including the identity and quantity of pesticide ap9 plied and the date and location of such application,

10 for a period of 5 years after each such application.

11 ‘‘(3) RECORDS OF PESTICIDE DEALERS.—

12 ‘‘(A) IN GENERAL.—The Administrator, by

13 regulation, shall require each pesticide dealer to

14 maintain a record of each sale or distribution

15 of—

16 ‘‘(i) a pesticide classified for restricted

17 use; and

18 ‘‘(ii) any other pesticide designated

19 for purposes of this subsection by order by

20 the Administrator if the Administrator de21 termines that such records may be nec22 essary to carry out the purposes of this

23 Act.

24 ‘‘(B) CONTENTS.—Such records shall in25 clude the identity of the pesticide sold or dis-
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1 tributed, the identify of the person to whom the

2 pesticide was distributed or sold, the date of the

3 distribution or sale, and the amount of the pes4 ticide distributed or sold.

5 ‘‘(C) DURATION.—A pesticide dealer shall

6 maintain the records required under this sub7 section for 5 years after the date of the dis8 tribution or sale.

9 ‘‘(b) LIMITATIONS.—The Administrator may not,

10 under the authority of subsection (a), require any person

11 to maintain records of—

12 ‘‘(1) financial data, pricing data, or sales data

13 other than shipment data;

14 ‘‘(2) personnel data, except for data concerning

15 exposure of employees to pesticides or ingredients of

16 pesticides, or concerning health effects on employees

17 that could reasonably be attributable to such expo18 sure; or

19 ‘‘(3) research or test data other than—

20 ‘‘(A) data relating to a registered pesticide;

21 ‘‘(B) data relating to any pesticide for

22 which an application for registration or for an

23 experimental use permit has been filed;
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1 ‘‘(C) data relating to any pesticide for

2 which an exemption pursuant to section 18 has

3 been requested;

4 ‘‘(D) data relating to any pesticide for

5 which a regulation has been promulgated pursu6 ant to section 3(a);

7 ‘‘(E) data relating to testing at a pesticide

8 testing facility; or

9 ‘‘(F) data relating to the storage or dis10 posal of a pesticide whose registration has been

11 suspended or canceled.’’.

12 (c) INSPECTION AUTHORITY.—Section 9 (7 U.S.C.

13 136g) is amended to read as follows:

14 ‘‘(a) AUTHORITY TO ENTER, INSPECT, COPY, AND

15 OBTAIN SAMPLES.—An officer or employee of the United

16 States or of any State, duly designated by the Adminis17 trator, is authorized at reasonable times as provided by

18 this section—

19 ‘‘(1) to enter and inspect—

20 ‘‘(A) any place where any pesticide, active

21 ingredient, or device is produced, sold, distrib22 uted, stores, packaged, used, or found;

23 ‘‘(B) any place where any records required

24 under this Act are kept;

25 ‘‘(C) any pesticide testing facility;
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1 ‘‘(D) any place where such officer or em2 ployee has reason to believe that this Act has

3 been or is being violated; or

4 ‘‘(E) any place when the Administrator or

5 States seek information as part of an inquiry

6 into specific environmental or health problems;

7 and

8 ‘‘(2) to obtain—

9 ‘‘(A) samples of any pesticide (or any in10 gredient, metabolite, or degradation product

11 thereof) or device, or any container or packag12 ing of any pesticide or device;

13 ‘‘(B) copies of any records required under

14 this Act or of any labels or labeling of a pes15 ticide, active ingredient or device;

16 ‘‘(C) copies of documents related to com17 pliance with the provisions of this Act;

18 ‘‘(D) copies of any data or samples of any

19 specimens involved in the testing of any pes20 ticide (or any ingredient, metabolite, or deg21 radation product thereof) or device; or

22 ‘‘(E) samples of any places where pesticide

23 residues may be found, including without limi24 tation, agricultural commodities, animals, pests,

25 soil, or water:
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1 Provided, That, nothing in this Act shall be con2 strued as authorizing officers or employees of the

3 United States or of any State to enter and inspect

4 private residences or land, property and appur5 tenances used in agricultural production unless there

6 is a suspected violation of this Act or the Adminis7 trator or any State is seeking information as part of

8 an inquiry into specific environmental or health

9 problems.

10 ‘‘(b) ADMINISTRATIVE WARRANTS.—An officer or

11 employee of the United States or of any State, duly au12 thorized by the Administrator, is empowered to obtain and

13 execute warrants authorizing—

14 ‘‘(1) entry, inspection, and obtaining of evi15 dence for the purposes of this section or section 8;

16 ‘‘(2) inspection and copying of all records re17 quired under this Act or documents related to com18 pliance with the provisions of this Act; and

19 ‘‘(3) seizure of any pesticide, device, active in20 gredient, labeling, or packaging that is in violation

21 of this Act.

22 ‘‘(c) PROCEDURE.—

23 ‘‘(1) CREDENTIALS AND STATEMENTS.—Before

24 any entry or inspection of any premises not open to

25 the general public is made under this section, the
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1 person conducting the inspection shall present to the

2 person in charge of the premises appropriate creden3 tials, and a written statement of the reason for the

4 entry or inspection and whether a violation of this

5 Act is suspected.

6 ‘‘(2) PROMPTNESS.—Each entry or inspection

7 shall be commenced and completed with reasonable

8 promptness.

9 ‘‘(3) SAMPLES.—If the person conducting the

10 entry or inspection obtains any samples pursuant to

11 subparagraph 9(a)(2), before leaving the premises

12 such person shall give to the person in charge of the

13 premises a receipt describing the sample and, if re14 quested and practicable, a portion of each such sam15 ple equal in volume or weight to the portion re16 tained. If an analysis is made of any such sample,

17 a copy of the results of such analysis shall be fur18 nished on request to the person in charge of the

19 premises.

20 ‘‘(d) COORDINATION.—The Administrator shall co21 ordinate actions taken under this section with actions

22 taken under other Federal laws for the purpose of avoiding

23 duplication of inspections.’’.
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1 (d) CONFIDENTIAL BUSINESS INFORMATION TO

2 STATES.—Section 10 (7 U.S.C. 136h) is amended by add3 ing at the end the following:

4 ‘‘(h) DATA DISCLOSURE TO STATES.—The Adminis5 trator may disclose to a State any data or information

6 acquired under this Act if the State assures the Adminis7 trator, and the Administrator determines, that—

8 ‘‘(1) the submitter of the data or information

9 will receive no less protection with respect to the dis10 closure and use of the data or information by the

11 State than is otherwise provided by this Act; and

12 ‘‘(2) the laws of the State allow the submitter

13 of the data or information to recover just compensa14 tion in a civil action against the State for losses re15 sulting from the disclosure or use of the data or in16 formation by the State or its employees or agents in

17 a manner inconsistent with this Act.’’.

18 (e) UNLAWFUL ACTS.—

19 (1) Section 12(a)(1) (7 U.S.C. 136j(a)(1)) is

20 amended to read as follows:

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) Except as provided in subsection (b), it

23 shall be unlawful for any person in any state to fail

24 or refuse to comply with any rule promulgated or
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1 order issued under Section 3, 4, or 8 of this Act, or

2 to distribute or sell to any person—’’.

3 (2) Section 12(a)(2)(B) (7 U.S.C. 136j

4 (a)(2)(B)) is amended to read as follows:

5 ‘‘(B) to refuse to—

6 ‘‘(i) prepare, maintain, or submit any

7 records required by or under section 5, 7,

8 8, 11, 17, or 19;

9 ‘‘(ii) submit any reports required by

10 or under section 5, 6, 7, 8, 11, 17, or 19;

11 or

12 ‘‘(iii) allow any entry, inspection,

13 copying of records, or sampling authorized

14 by this Act.’’.

15 (3) Sections 12(a)(2) (I), (M), (N), and (O) (7

16 U.S.C. 136j(a)(2) (I), (M), (N), (O)) are amended

17 to read as follows:

18 ‘‘(I) to violate any order or subpoena is19 sued under section 13.

20 ‘‘(M) to knowingly make any false material

21 statement, representation or certification in, fail

22 to maintain, omit material information from, or

23 alter, conceal or fail to file, any notice, applica24 tion, record, report or other document or infor25 mation required pursuant to this Act to be sub-
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1 mitted, filed or maintained (whether such re2 quirement is imposed by the Administrator or

3 by a state).

4 ‘‘(N) who is a registrant, wholesaler, deal5 er, retailer or other distributor, commercial ap6 plicator, or private applicator, to fail to file re7 ports required by this Act.

8 ‘‘(O) to violate any regulation issued pur9 suant to this Act.’’.

10 (4) Section 12(a)(2) (7 U.S.C. 136j(a)(2)) is

11 amended by adding at the end the following:

12 ‘‘(U) who is a registrant, to violate any

13 term or condition of a registration issued pur14 suant to this Act.

15 ‘‘(V) to violate any administrative order is16 sued pursuant to section 14(b) of the Act.’’.

17 (5) Section 12 (7 U.S.C. 136(j)) is amended by

18 adding at the end the following:

19 ‘‘(c) ACTS OF OFFICERS, AGENTS, ETC.—When con20 struing and enforcing the provisions of this Act, the act,

21 omission, or failure of any officer, employee, agent, or

22 other person acting for or employed by any person shall

23 be deemed to be the act, omission, or failure of such per24 son as well as that of the person employed.’’.
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1 (f) SUBPOENAS.—Section 13 (7 U.S.C. 136k) is

2 amended by adding at the end the following:

3 ‘‘(e) SUBPOENA AUTHORITY.—In carrying out this

4 Act, the Administrator may by subpoena require the at5 tendance and testimony of witnesses and the production

6 of reports, papers, documents, answers to questions, and

7 other information that the Administrator deems necessary.

8 Witnesses shall be paid the same fees and mileage that

9 are paid witnesses in the courts of the United States. In

10 the event of contumacy, failure, or refusal of any person

11 to obey any such subpoena, any district court of the Unit12 ed States in which venue is proper shall have jurisdiction

13 to order any such person to comply with such subpoena.

14 Any failure to obey such an order of the court is punish15 able by the court as a contempt thereof.’’.

16 (g) ENFORCEMENT AUTHORITY.—Section 14 (7

17 U.S.C. 1361) is amended to read as follows:

18 ‘‘(a) ENFORCEMENT AUTHORITIES.—

19 ‘‘(1) Whenever, on the basis of any information

20 available to the Administrator, the Administrator

21 finds that any person has violated, or is in violation

22 of, any requirement of this Act, including, but not

23 limited to, a requirement or prohibition of any rule,

24 order, or registration promulgated, issued, or ap25 proved under this Act, the Administrator may—
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1 ‘‘(A) issue an administrative order in ac2 cordance with subsection (b) of this section, re3 quiring such person to comply with such re4 quirement or prohibition;

5 ‘‘(B) issue an administrative penalty order

6 in accordance with subsection (c) of this sec7 tion;

8 ‘‘(C) request the Attorney General to com9 mence a civil action in accordance with sub10 section (d) of this section; or

11 ‘‘(D) request the Attorney General to com12 mence a criminal action in accordance with sub13 section (e) of this section.

14 ‘‘(2) NOTICE TO STATE.—A copy of any (1) ad15 ministrative order issued pursuant to subsection (b)

16 of this section, (2) administrative penalty order is17 sued pursuant to subsection (c) of this section, or

18 (3) civil judicial complaint filed pursuant to sub19 section (d) or subsection (g) of this section shall be

20 sent to the State agency regulating pesticides in the

21 State in which the violation occurs.

22 ‘‘(3) WARNING NOTICES.—The Administrator

23 may issue a warning notice for a first-time violation

24 of the Act by a private applicator, unless the viola25 tion is a knowing violation.
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1 ‘‘(b) REQUIREMENTS FOR ADMINISTRATIVE OR2 DERS.—

3 ‘‘(1) IN GENERAL.—Any person who has vio4 lated, or is in violation of, any provision of this Act

5 or a regulation promulgated thereunder, may be or6 dered by the Administrator to cease their violative

7 activities or to comply with applicable requirements

8 of this Act or regulations issued under this Act.

9 ‘‘(2) CONTENTS OF ORDER.—Any order issued

10 under this subsection shall state with reasonable

11 specificity the nature of the violation and specify a

12 time for compliance which the Administrator deter13 mines is reasonable, taking into account the serious14 ness of the violation and any good faith efforts to

15 comply with applicable requirements. An order is16 sued under this subsection shall require the person

17 to whom it was issued to comply with the require18 ment immediately or within a specified time period,

19 but in no event longer than one year after the date

20 the order was issued.

21 ‘‘(3) VIOLATION OF ORDER.—If a violator fails

22 to take corrective action within the time specified in

23 the order, the Administrator may assess a civil pen24 alty of not more than $25,000 for each day of con25 tinued noncompliance with the order.
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1 ‘‘(4) CONSULTATION WITH ADMINISTRATOR.—

2 The recipient of an order issued under this section

3 (other than an administrative penalty order as de4 scribed in subsection (c)), shall have an opportunity,

5 within 10 days of the order’s issuance, to consult

6 with the Administrator or any duly designated rep7 resentative concerning the alleged violation.

8 ‘‘(5) OTHER REMEDIES AND OBLIGATIONS.—No

9 order issued under this subsection shall prevent the

10 State or the Administrator from assessing any pen11 alties nor otherwise affect or limit the State’s or the

12 United States’ authority to enforce under other pro13 visions of this Act, nor affect any person’s obliga14 tions to comply with any section of this Act or with

15 a term or condition of any registration approved

16 under this Act.

17 ‘‘(6) TIMING OF REVIEW.—No Federal court

18 shall have jurisdiction under any Federal or State

19 law to review any order issued under this subsection

20 in any action except an action to enforce an order

21 issued under this subsection or to recover a civil

22 penalty for violation of, or noncompliance with, such

23 order.

24 ‘‘(c) ADMINISTRATIVE ASSESSMENT OF CIVIL PEN25 ALTIES.—
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1 ‘‘(1) IN GENERAL.—Any person who has vio2 lated, or is in violation of, any provision of this Act

3 or regulation promulgated thereunder shall be liable

4 to the United States for a civil penalty in an amount

5 not to exceed $25,000 or the economic benefit of

6 noncompliance, whichever is higher, for each such

7 violation. Each day such a violation continues shall,

8 for purposes of this subsection, constitute a separate

9 violation of the Act. The Administrator’s authority

10 under this paragraph shall be limited to matters

11 where the total penalty sought does not exceed

12 $400,000, except where the Administrator and the

13 Attorney General jointly determine that a matter or

14 matters involving a larger penalty amount are ap15 propriate for administrative penalty action. Any such

16 determination by the Administrator and the Attor17 ney General shall not be subject to judicial review.

18 ‘‘(2) HEARING.—A civil penalty for a violation

19 of this Act shall be assessed by the Administrator by

20 an order made on the record after an opportunity

21 (provided in accordance with this subparagraph) for

22 a hearing in accordance with section 554 of Title 5,

23 United States Code. Before issuing such an order,

24 the Administrator shall give written notice to the

25 person to be assessed a civil penalty under such
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1 order by the Administrator, and shall provide such

2 person an opportunity to request, within 15 days of

3 the date the notice is received by such person, such

4 a hearing on the order.

5 ‘‘(3) DETERMINATION OF PENALTY.—In deter6 mining the amount of a civil penalty, the Adminis7 trator shall take into account the nature, cir8 cumstances, extent, and gravity of the violation or

9 violations and, with respect to the violator, ability to

10 pay, effect on ability to continue to do business, any

11 history of prior such violations (including whether

12 the violation was a first-time violation), the degree

13 of culpability, the economic benefit of noncompliance

14 and such other matters as justice may require.

15 ‘‘(4) The minimum penalty the Administrator

16 must assess under this subsection upon a determina17 tion of liability is the amount of the economic benefit

18 resulting from the violation, where such economic

19 benefit, if any, is calculable, provided that nothing in

20 this subsection shall limit the Administrator’s discre21 tion to issue warning notices pursuant to section

22 14(a)(3) of the Act.

23 ‘‘(5) MODIFICATION OF PENALTY.—The Admin24 istrator may compromise, modify, or remit, with or

25 without conditions, any civil penalty which may be
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1 imposed under this subsection. The amount of such

2 penalty, or the amount agreed upon in compromise,

3 may be deducted from any sums owing by the Unit4 ed States to the person charged.

5 ‘‘(6) JUDICIAL REVIEW.—Any person who re6 quested in accordance with paragraph (2) a hearing

7 respecting the assessment of a civil penalty and who

8 is aggrieved by an order assessing a civil penalty, or

9 against whom a civil penalty is assessed under para10 graph (8) of this subsection, may seek judicial re11 view in accordance with section 16(a)(2) of the Act.

12 ‘‘(7) FAILURE TO PAY.—

13 ‘‘(A) If a person fails to pay an assessment

14 of a civil penalty—

15 ‘‘(i) after the order making the assess16 ment has become a final order and if such

17 person does not file a petition for judicial

18 review of the order in accordance with

19 paragraph (5), or

20 ‘‘(ii) after a court in an action

21 brought under paragraph (5) has entered a

22 final judgment in favor of the Adminis23 trator,

24 the Attorney General shall recover the amount

25 assessed (plus interest at currently prevailing
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1 rates from the date of the expiration of the 30-

2 day period referred to in paragraph (5) or the

3 date of such final judgment, as the case may

4 be) in an action brought in any appropriate dis5 trict court of the United States. In such an ac6 tion, the validity, amount and appropriateness

7 of such penalty shall not be subject to review.

8 ‘‘(B) Any person who fails to pay on a

9 timely basis a civil penalty ordered and assessed

10 under this section shall be required to pay, in

11 addition to such penalty and interest, the

12 United States enforcement expenses, including

13 but not limited to attorneys fees and costs in14 curred by the United States for collection pro15 ceedings and a quarterly nonpayment penalty

16 for each quarter during which such failure to

17 pay persists. Such nonpayment penalty shall be

18 10 percent of the aggregate amount of such

19 person’s outstanding penalties and nonpayment

20 penalties accrued as of the beginning of each

21 quarter.

22 ‘‘(8) SUBPOENAS.—The Administrator, in con23 nection with administrative proceedings under this

24 subsection, may issue subpoenas compelling the at25 tendance and testimony of witnesses and the produc-
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1 tion of documents, and may request the Attorney

2 General to bring an action to enforce any subpoena

3 issued under this paragraph. The district courts of

4 the United States shall have jurisdiction to enforce

5 such subpoenas and impose sanctions.

6 ‘‘(d) CIVIL JUDICIAL ENFORCEMENT.—

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

8 commence a civil action for a temporary or perma9 nent injunction, and/or to compel compliance, and/or

10 to assess and recover a civil penalty of not more

11 than $25,000 or the economic benefit of noncompli12 ance, whichever is higher, for each day of violation,

13 whenever such person has violated or is in violation

14 of a requirement or prohibition of this Act, or a reg15 ulation promulgated thereunder.

16 ‘‘(2) JURISDICTION.—Any action under this

17 subsection may be brought in the district court for

18 the United States for the district in which the viola19 tion is alleged to have occurred, or is occurring, or

20 in which the defendant resides, or where the defend21 ant’s principal place of business is located, and such

22 court shall have jurisdiction to restrain such viola23 tion, to require compliance, to assess civil penalties,

24 to collect any fees owed the United States under this

25 Act, and to award any other appropriate relief.
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1 ‘‘(3) DETERMINATION OF PENALTY.—In deter2 mining the amount of a civil penalty, the court shall

3 take into account the factors enumerated in sub4 section (c)(3) of this section.

5 ‘‘(4) MINIMUM PENALTY.—The minimum pen6 alty the court must assess under this subsection

7 upon a determination of liability is the amount of

8 the economic benefit, if any, resulting from the vio9 lation, where such economic benefit is calculable.

10 ‘‘(e) CRIMINAL PENALTIES.—

11 ‘‘(1) Any person who negligently commits any

12 act prohibited under section 136j of this Title shall,

13 upon conviction, be punished by a fine of not more

14 than $25,000 for each day of violation, or by impris15 onment for not more than one year, or both. If the

16 conviction is for a violation committed after a first

17 conviction of such person under this paragraph, the

18 maximum punishment shall be doubled with respect

19 to both fine and imprisonment.

20 ‘‘(2) Any person who knowingly commits any

21 act prohibited under section 136j of this Title shall,

22 upon conviction, be punished by a fine of not more

23 than $50,000 for each day of violation, or by impris24 onment for not more than 5 years, or both. If the

25 conviction is for a violation committed after a first
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1 conviction of such person under this paragraph, the

2 maximum punishment shall be doubled with respect

3 to both fine and imprisonment.

4 ‘‘(3)(A) Any person who commits any violation

5 under paragraph (2) of this subsection and in the

6 course of or in connection with committing such vio7 lation knows at the time that he places another per8 son in imminent danger of death or serious bodily

9 injury, shall, upon conviction, be punished by a fine

10 of not more than $250,000 or imprisonment of not

11 more than 15 years, or both. A person which is an

12 organization shall, upon conviction of violating this

13 subparagraph, be subject to a fine of not more than

14 $1,000,000. If a conviction of a person is for a viola15 tion committed after a first conviction of such per16 son under this subparagraph, the maximum punish17 ment shall be doubled with respect to both fine and

18 imprisonment.

19 ‘‘(B) For purposes of this subparagraph—

20 ‘‘(i) the term ‘imminent danger’ means the

21 existence of a condition or set of conditions that

22 could reasonably be expected to cause death or

23 serious bodily injury unless the condition is

24 remedied; and
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1 ‘‘(ii) the term ‘serious bodily injury’ means

2 bodily injury which involves a substantial risk

3 of death, unconsciousness, extreme physical

4 pain, protracted and obvious disfigurement, or

5 protracted loss or impairment of the function of

6 a bodily member, organ, or mental faculty.

7 ‘‘(4) Notwithstanding any other provision of

8 law, a court may make the following disposition of

9 fines imposed under this Title, in addition to pay10 ment, if any, to the United States Treasury.

11 ‘‘(A) Upon recommendation of the United

12 States, and in accordance with the terms of

13 such recommendation, the court may pay to an

14 individual who has given information or services

15 leading to a criminal conviction under this Title

16 an amount from the criminal fine assessed as a

17 result of any violation of this subchapter not

18 more than the lesser of one-half the fine im19 posed or $50,000.

20 ‘‘(B) Upon recommendation of the United

21 States, and in accordance with the terms of

22 such recommendation, the court may pay to any

23 state, municipality or other political subdivision

24 of a state, which has given significant support

25 to the prosecution or investigation leading to a
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1 conviction under this Title, an amount not more

2 than one-half of the fine imposed for that con3 viction.

4 ‘‘(f) EMERGENCY POWERS.—Notwithstanding any

5 other provision of this Act, the Administrator, upon re6 ceipt of evidence that a specific use of a pesticide or pes7 ticide device is presenting an imminent and substantial

8 endangerment to public health or welfare, or the environ9 ment, may request the Attorney General to bring suit on

10 behalf of the United States in the appropriate United

11 States district court to immediately restrain any person

12 using such pesticide or device to stop the activity or to

13 take such other action as may be necessary, provided that

14 relief under this subsection does not include suspension

15 under Section 6(c) of the Act and is not available where

16 the Administrator, in his discretion, determines that a sus17 pension under Section 6(c) is adequate to stop or prevent

18 the imminent and substantial endangerment. If it is not

19 practicable to assure prompt protection of public health

20 or welfare or the environment by commencement of such

21 civil action, the Administrator may issue such orders as

22 may be necessary to protect public health or welfare or

23 the environment. Any order issued by the Administrator

24 under this section shall be effective upon issuance and

25 shall remain in effect for a period of not more than 60
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1 days, unless an action is brought pursuant to the first sen2 tence of this section before the expiration of that period.

3 Whenever such an action is brought within the 60-day pe4 riod, the order shall remain in effect for an additional 14

5 days or for such longer period as may be authorized by

6 the court in which such action is brought. Any order is7 sued under this paragraph shall not be subject to judicial

8 review except during judicial enforcement proceedings

9 brought by the Attorney General or his delegate. Nothing

10 herein shall diminish the right of any person subject to

11 a suspension proceeding under Section 6(c) of the Act.’’.

12 (h) CONTRACTOR LISTING.—Section 32 (7 U.S.C.

13 136 (z)) is added following Section 31:

14 ‘‘SEC. 32. FEDERAL PROCUREMENT.

15 ‘‘(a) CONTRACTS PROHIBITED WITH CONVICTED

16 VIOLATORS.—No federal agency may enter into any con17 tract, grant, or loan with any person who has been con18 victed of any offense under SECTION 1361 of this Title,

19 if the contract for the procurement of goods, materials,

20 and services, or the grant or loan is to be performed, in

21 whole or in any part, at any facility at which the violation

22 which gave rise to such conviction occurred, and if such

23 facility is owned, operated, leased, or supervised at the

24 time of the violation by such person. The prohibition in

25 the preceding sentence shall continue until the Adminis-
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1 trator certifies that the condition giving rise to such con2 viction has been corrected.

3 ‘‘(b) NOTIFICATION.—The Administrator shall estab4 lish procedures to provide all Federal agencies with the

5 notification necessary for the purposes of subsection (a).

6 ‘‘(c) DISCLOSURE.—Each applicant who seeks to par7 ticipate in a federal contract, grant, or loan shall disclose

8 any conviction described in subsection (a) to each appro9 priate Federal agency.

10 ‘‘(d) EXEMPTIONS.—The President may exempt any

11 contract, loan, or grant from all or part of the provisions

12 of this section where he determines such exemption is nec13 essary in the paramount interest of the United States and

14 he shall notify the Congress of such exemption.’’.

15 (i) CITIZEN SUITS.—Section 33 (7 U.S.C. 136aa) is

16 added following Section 32 to read as follows:

17 ‘‘SEC. 33. CITIZEN SUITS.

18 ‘‘(a) Except as provided in subsection (b), any person

19 may commence a civil action on his own behalf—

20 ‘‘(1) against any person (including any govern21 mental instrumentality or agency to the extent

22 permitted by the Eleventh Amendment to the Con23 stitution) who is alleged to have violated or to be in

24 violation of any provision of the Act or any rule pro25 mulgated thereunder, except that no such action
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1 may be brought against any agricultural producer

2 who is alleged to have committed a violation or to

3 be in violation while engaged in the production of

4 any agricultural product; or

5 ‘‘(2) against any federal official where there is

6 alleged a failure of the federal official to perform

7 any act or duty under this Act which is not discre8 tionary with the federal official.

9 The district courts shall have jurisdiction, without regard

10 to the amount in controversy or the citizenship of the par11 ties, to enforce the Act and the regulations promulgated

12 thereunder, to order any appropriate relief under Section

13 XX of the Act, and to impose any appropriate civil pen14 alties (except for actions under subsection (2)) for viola15 tions of the Act. The district court shall have jurisdiction

16 in actions brought under subsection (a)(2) against the fed17 eral official to order the federal official to perform such

18 act or duty.

19 ‘‘(b) No actions may be commenced—

20 ‘‘(1) under subsection (a)(1)—

21 ‘‘(A) prior to 60 days after the plaintiff

22 has given notice of the violation to the Adminis23 trator, to the State in which the violation oc24 curs, and to any alleged violator; or
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1 ‘‘(B) if the Administrator or State with

2 primary enforcement responsibility under Sec3 tion 26 of the Act has commenced and is dili4 gently prosecuting a civil or criminal action in

5 a court of the United States or a State or a

6 federal administrative penalty action to require

7 compliance with the Act or a regulation promul8 gated thereunder, but in any such civil action

9 any person may intervene as a matter of right;

10 and

11 ‘‘(2) under subsection (a)(2) prior to 60 days

12 after the plaintiff has given notice of such action to

13 the federal official.

14 Notices under this subsection shall be given in such man15 ner as the Administrator shall prescribe by regulation.

16 ‘‘(c) Any person may request the Administrator or

17 a State with primary enforcement authority to commence

18 an action against any agricultural producer who is alleged

19 to have violated or to be in violation of any provision of

20 the Act or any rule promulgated thereunder while engaged

21 in the production of any agricultural product. A copy of

22 such a request shall be given to the alleged violator. With23 in 60 days after such request is made to the Administrator

24 or a State, the Administrator or State shall either—
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1 ‘‘(1) commence an action against the alleged vi2 olator; or

3 ‘‘(2) provide to the person making the request

4 a written response that ((A) state the Administra5 tor’s or the State’s decision not to take enforcement

6 action against the alleged violator and (B) describes

7 any other action the Administrator or State has

8 taken or intends to take in connection with the al9 leged violation.

10 The response of the Administrator or State under sub11 section (c)(2) shall not be subject to judicial review.

12 ‘‘(d)(1) In any action under this section, the United

13 States may intervene as a matter of right at any time in

14 the proceeding. A judgment in an action under this section

15 to which the United States is not a party shall not have

16 any binding effect upon the United States.

17 ‘‘(2) Whenever any action is brought under this sec18 tion the plaintiff shall serve a copy of the complaint on

19 the Attorney General of the United States and on the Ad20 ministrator. No consent judgment shall be entered in an

21 action brought under this section in which the United

22 States is not a party prior to 60 days following the receipt

23 of a copy of the proposed consent judgement by the Attor24 ney General and the Administrator during which time the

25 Government may submit its comments on the proposed
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1 consent judgement to the court and parties or may inter2 vene as a matter of right. The court shall not approve

3 a proposed consent judgment that is inappropriate, im4 proper, inadequate, or inconsistent with the purposes or

5 requirements of the Act, and shall consider any views ex6 pressed by the United States with respect to the consent

7 judgment.

8 ‘‘(e) The court, in issuing any final order in any ac9 tion brought pursuant to subsection (a) of this section,

10 may award costs of litigation (including reasonable attor11 ney and expert witness fees) to any prevailing or substan12 tially prevailing party. The court may, if a temporary re13 straining order or preliminary injunction is sought, require

14 the filing of a bond or equivalent security in accordance

15 with the Federal Rules of Civil Procedure.

16 ‘‘(f) Nothing in this section shall restrict any right

17 which any person, or class of persons, may have been

18 under any statute or common law to seek enforcement of

19 any requirement or to seek any other relief (including re20 lief against federal officials or a State agency).

21 ‘‘(g) Any action under this Section shall be brought

22 in accordance with the provisions of 28 U.S.C. Section

23 1391.’’.

24 (j) INDIAN TRIBES.—Section 34 (7 U.S.C. 136bb) is

25 added following Section 33 to read as follows:
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1 ‘‘SEC. 34. INDIAN TRIBES.

2 ‘‘(a) IN GENERAL.—The Administrator shall promul3 gate regulations to treat Indian Tribes in the manner that

4 States are treated under the Act. Such treatment shall

5 be authorized only if—

6 ‘‘(1) the Indian Tribe is recognized by the Sec7 retary of the Interior and has a governing body car8 rying out appropriate governmental duties and pow9 ers; and

10 ‘‘(2) the functions to be exercised by the Indian

11 Tribe are within the area of the Tribe’s jurisdic12 tion.’’.

13 SEC. 18. WHISTLE BLOWER.

14 Section 35 (7 U.S.C. 136cc) is added following sec15 tion 34 to read as follows:

16 ‘‘SEC. 35. WHISTLE BLOWER.

17 ‘‘(a) IN GENERAL.—No employer may discharge any

18 employee or otherwise discriminate against any employee

19 with respect to the employee’s compensation, terms, condi20 tions, or privileges of employment because the employee

21 (or any persons acting pursuant to a request of the em22 ployee) has—

23 ‘‘(1) commenced, caused to be commenced, or is

24 about to commence or cause to be commenced a pro25 ceeding under this chapter;
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1 ‘‘(2) testified or is about to testify in any such

2 proceeding; or

3 ‘‘(3) assisted or participated or is about to as4 sist or participate in any manner in such a proceed5 ing or in any other action to carry out the purposes

6 of this chapter.

7 ‘‘(b) REMEDY.—

8 ‘‘(1) Any employee who believes that the em9 ployee has been discharged or otherwise discrimi10 nated against by any person in violation of sub11 section (a) of this section may, within 30 days after

12 such alleged violation occur, file (or have any person

13 file on the employee’s behalf) a complaint with the

14 Secretary of Labor (hereafter in this section referred

15 to as the ‘Secretary’) alleging such discharge or dis16 crimination. Upon receipt of such a complaint, the

17 Secretary shall notify the person named in the com18 plaint of the filing of the complaint.

19 ‘‘(2)(A) Upon receipt of a complaint filed under

20 paragraph (1), the Secretary shall conduct an inves21 tigation of the violation alleged in the complaint.

22 Within 120 days of the receipt of such complaint,

23 the Secretary shall complete such investigation and

24 shall notify in writing the complainant (and any per25 son acting on behalf of the complainant) and the
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1 person alleged to have committed such violation of

2 the results of the investigation conducted pursuant

3 of this paragraph. Within ninety days of the receipt

4 of such complaint the Secretary shall, unless the

5 proceeding on the complaint is terminated by the

6 Secretary on the basis of a settlement entered into

7 by the Secretary and the person alleged to have com8 mitted such violation, issue an order either providing

9 the relief prescribed by subparagraph (B) or denying

10 the complaint. An order of the Secretary shall be

11 made on the record after notice and opportunity for

12 agency hearing. The Secretary may not enter into a

13 settlement terminating a proceeding on a complaint

14 without the participation and consent of the com15 plainant.

16 ‘‘(B) If in response to a complaint filed under

17 paragraph (1) the Secretary determines that a viola18 tion of subsection (a) of this section has occurred,

19 the Secretary shall order (i) the person who commit20 ted such violation to take affirmative action to abate

21 the violation, (ii) such person to reinstate the com22 plainant to the complainant’s former position to23 gether with compensation (including back pay)

24 terms, condition, and privileges of the complainant’s

25 employment, (iii) compensatory damages and (iv)
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1 where appropriate, exemplary damages. If such an

2 order is issued, the Secretary, at the request of the

3 complainant shall assess against the person against

4 whom the order is issued a sum equal to the aggre5 gate amount of all costs and expenses, (including at6 torney’s fees) reasonably incurred, as determined by

7 the Secretary, by the complainant for, or in connec8 tion with, the bringing of the complaint upon which

9 the order was issued.

10 ‘‘(c) REVIEW.—

11 ‘‘(1) Any employee or employer adversely af12 fected or aggrieved by an order issued under sub13 section (b) of this section may obtain review of the

14 order in the United States Court of Appeals for the

15 circuit in which the violation, with respect to which

16 the order was issued, allegedly occurred. The peti17 tion for review must be filed within sixty days from

18 the issuance of the Secretary’s order. Review shall

19 conform to chapter 7 of Title 5.

20 ‘‘(2) An order of the Secretary, with respect to

21 which review could have been obtained under para22 graph (1), shall not be subject to judicial review in

23 any criminal or other civil proceeding.

24 ‘‘(d) ENFORCEMENT.—Whenever a person has failed

25 to comply with an order issued under subsection (b)(2)
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1 of this section, the Secretary shall file a civil action in

2 the United States district court for the district in which

3 the violation was found to occur to enforce such order.

4 In actions brought under this subsection, the district

5 courts shall have jurisdiction to grant all appropriate re6 lief, including injunctive relief and compensatory and ex7 emplary damages.

8 ‘‘(e) EXCLUSION.—Subsection (a) of this section

9 shall not apply with respect to any employee who, acting

10 without direction from the employee’s employer (or any

11 agent of the employer), deliberately causes a violation of

12 any requirement of this chapter.’’.

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