I

103D CONGRESS

1ST SESSION H. R. 1867

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

respect to public health pesticides.

IN THE HOUSE OF REPRESENTATIVES

APRIL 27, 1993

Mr. DOOLEY (for himself, Mr. HERGER, Mr. CONDIT, Mr. SMITH of Oregon,

Ms. LONG, Mr. BOEHNER, Mr. EMERSON, Mr. EWING, Mr. DOOLITTLE,

Mr. CANADY, Mr. LEWIS of Florida, and Mr. GUNDERSON) introduced

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

A BILL

To amend the Federal Insecticide, Fungicide, and

Rodenticide Act with respect to public health pesticides.

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

3 SECTION 1. SHORT TITLE, REFERENCE.

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

5 ‘‘Public Health Pesticides Protection Act of 1993’’.

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

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

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

2 Rodenticide Act.

3 SEC. 2. DEFINITIONS.

4 (a) ADVERSE EFFECTS.—Section 2(bb) (7 U.S.C.

5 136(bb)) is amended by adding at the end the following:

6 ‘‘The Administrator shall consider the risks and benefits

7 of public health pesticides separate from the risks and

8 benefits of other pesticides. In weighing any regulatory ac9 tion concerning a public health pesticide under this Act,

10 the Administrator shall weigh any risks of the pesticide

11 against the health risks such as the diseases transmitted

12 by the vector to be controlled by the pesticide.’’.

13 (b) NEW DEFINITIONS.—Section 2 (7 U.S.C. 136)

14 is amended by adding at the end the following:

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

16 total anticipated small volume use of any pesticide product

17 against a particular pest or group of pests which, by itself,

18 would not economically justify a full, separate pesticide

19 registration. Wherever a minor use is designated in this

20 Act for agricultural crop production or agricultural uses,

21 such term includes any use intended to protect the public

22 from insects or other pests or the diseases which such

23 pests may transmit to man or domestic animals.

24 ‘‘(ii) PUBLIC HEALTH PESTICIDE.—The term ‘public

25 health pesticide’ means any minor use pesticide product
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1 registered for use and used predominantly in public health

2 programs for vector control or for other recognized health

3 protection uses, including the prevention or mitigation of

4 viruses, bacteria, or other microorganisms (other than vi5 ruses, bacteria, or other microorganisms on or in living

6 man or other living animal) that pose a threat to public

7 health.

8 ‘‘(jj) VECTOR.—The term ‘vector’ means any animal

9 capable of transmitting the causative agent of human dis10 ease or capable of producing human discomfort or injury,

11 including mosquitoes, flies, fleas, cockroaches, or other in12 sects and ticks, mites, or rats.’’.

13 SEC. 3. REGISTRATION.

14 Section 3(c)(2)(A) (7 U.S.C 136a(c)(2)(A)) is

15 amended—

16 (1) by inserting after ‘‘pattern of use,’’ the fol17 lowing: ‘‘the public health and agricultural need for

18 such minor use,’’, and

19 (2) by striking out ‘‘potential exposure of man

20 and the environment to the pesticide’’ and inserting

21 in lieu thereof ‘‘potential beneficial or adverse effects

22 on man and the environment’’.

23 SEC. 4. REREGISTRATION.

24 Section 4 (7 U.S.C. 136a–1) is amended—
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1 (1) in subsection (i)(4), by redesignating sub2 paragraphs (B) and (C) as subparagraphs (C) and

3 (D), respectively and by adding after subparagraph

4 (A) the following:

5 ‘‘(B) Any pesticide defined as a public

6 health pesticide of which more than 50 percent

7 of its usage is devoted to the promotion of pub8 lic health shall be exempt from fees prescribed

9 by paragraph (3).’’.

10 (2) in subsection (i)(5), by redesignating sub11 paragraphs (F) and (G) as subparagraphs (G) and

12 (H), respectively, and by adding after subparagraph

13 (E) the following:

14 ‘‘(F) An end use product that is registered

15 for a public health pesticide of which at least 50

16 percent of its usage is devoted to the promotion

17 of public health shall be exempt from the fees

18 prescribed by this paragraph.’’.

19 (3) in subsection (i)(7)(B), by striking out ‘‘or

20 to determine’’ and inserting in lieu thereof ‘‘, to de21 termine’’ and by inserting before the period the fol22 lowing: ‘‘, or to determine the volume usage for pub23 lic health pesticides’’.

24 (4) in subsection (k)(3)(A), by striking out ‘‘or’’

25 at the end of clause (i), by striking the period at the
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1 end of clause (ii) and inserting in lieu thereof ‘‘; or’’,

2 and by inserting after clause (ii) the following:

3 ‘‘(iii) proposes the initial or amended

4 registration of an end use pesticide that, if

5 registered as proposed, would be used for

6 a public health pesticide.’’.

7 SEC. 5. CANCELLATION.

8 Section 6(b) is amended by striking out ‘‘or’’ at the

9 end of paragraph (1), by striking out the period at the

10 end of paragraph (2) and inserting in lieu thereof ‘‘; or’’,

11 and by adding after paragraph (2) the following:

12 ‘‘(3) if a pesticide is registered or proposed for

13 registration for public health uses, to send the notice

14 specified in this subsection to the Secretary of

15 Health and Human Services for review.

16 The Secretary of Health and Human Services shall com17 ment under paragraph (3) in accordance with the proce18 dures followed and subject to the same conditions as com19 ments by the Secretary of Agriculture in the case of agri20 cultural pesticides.’’.

21 SEC. 6. VIEWS.

22 Section 21 (7 U.S.C. 136s) is amended by redesig23 nating subsections (b) and (c) as subsections (c) and (d),

24 respectively, and by adding after subsection (a) the follow25 ing:
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1 ‘‘(b) SECRETARY OF HEALTH AND HUMAN SERV2 ICES.—The Administrator, before publishing regulations

3 under this Act for any public health pesticide, shall solicit

4 the views of the Secretary of Health and Human Services

5 in the same manner as the views of the Secretary of Agri6 culture are solicited under section 25(a).’’.

7 SEC. 7. AUTHORITY OF ADMINISTRATOR.

8 Section 25(a)(1) (7 U.S.C 136w(a)(1)) is amended—

9 (1) by inserting after ‘‘various classes of pes10 ticides’’ the following: ‘‘, including public health pes11 ticides,’’, and

12 (2) by striking out ‘‘and nonagricultural pes13 ticides’’ and inserting in lieu thereof ‘‘, non14 agricultural, and public health pesticides’’.

15 SEC. 8. IDENTIFICATION OF PESTS.

16 Section 28 (7 U.S.C. 136w–3) is amended by adding

17 at the end the following:

18 ‘‘(d) PUBLIC HEALTH PESTS.—The Administrator,

19 in coordination with the Secretary of Health and Human

20 Services, shall identify pests of significant public health

21 importance and, in coordination with the Public Health

22 Service, develop and implement programs to improve and

23 facilitate the safe and necessary use of chemical, biologi24 cal, and other methods to combat and control such pests

25 of public health importance.’’.
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1 SEC. 9. PUBLIC HEALTH PESTICIDES.

2 The Federal Insecticide, Fungicide, and Rodenticide

3 Act is amended by adding at the end the following:

4 ‘‘SEC. 32. PUBLIC HEALTH PESTICIDES.

5 ‘‘The Administrator, in conjunction with the Sec6 retary of Health and Human Services, shall submit an an7 nual report to the Congress by March 1 of each year de8 scribing the uses of public health pesticides to promote

9 human health protection in the United States. The report

10 shall include

11 ‘‘(1) an analysis of vector control practices,

12 ‘‘(2) an analysis of the approximately 50 dis13 eases which are associated with arthropods or other

14 vectors, including a consideration of the impact of

15 vector control on the incidence of such diseases,

16 ‘‘(3) an analysis of the role of IPM in vector

17 control and how agricultural IPM practices impact

18 public health vector control, and

19 ‘‘(4) an analysis of public health pesticides, in20 cluding the benefits of vectored disease prevention

21 and a comparison of such benefits to the relative

22 risks of the use of public health pesticides and the

23 risks of vectored diseases.’’.

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