I

103D CONGRESS

1ST SESSION H. R. 1627

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

Federal Food, Drug, and Cosmetic Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 1, 1993

Mr. LEHMAN (for himself, Mr. BLILEY, Mr. ROWLAND, Mr. SMITH of Oregon,

Mr. ROBERTS, Mr. PENNY, Mr. ENGLISH of Oklahoma, Mr. HOLDEN,

Mr. EMERSON, Mr. KINGSTON, Mr. SARPALIUS, Mr. EWING, Mr.

DOOLEY, Mr. JOHNSON of South Dakota, Mr. BARRETT of Nebraska,

Mr. BOEHNER, Mr. COMBEST, Mr. DOOLITTLE, Mr. CONDIT, Mr. BISHOP, Mr. GUNDERSON, Mr. POMEROY, Mr. ALLARD, Mr. TOWNS, Mr.

COOPER, Mr. HALL of Texas, Mr. MCMILLAN, Mr. HASTERT, Mr.

UPTON, Mr. PAXON, Mr. KLUG, Mr. FRANKS of Connecticut, Mr. MANTON, Mr. BOUCHER, Mr. CRAPO, Mr. BARTON of Texas, Mr. GILLMOR,

Mr. OXLEY, Mr. TAUZIN, and Mr. MOOREHEAD) introduced the following

bill; which was referred jointly to the Committees on Agriculture and Energy and Commerce

AUGUST 18, 1993

Additional sponsors: Mr. JOHNSON of Georgia, Mr. PARKER, Mr. DARDEN,

Mr. LIPINSKI, Mr. STUMP, Mr. HANCOCK, Mr. BEREUTER, Mr. WALSH,

Mr. DORNAN, Mr. BATEMAN, Mr. HUGHES, Mr. SMITH of Michigan, Mr.

HERGER, Mr. BAKER of Louisiana, Mr. PAYNE of Virginia, Mr. INHOFE,

Mr. COBLE, Mr. SUNDQUIST, Mr. RAVENEL, Mr. POMBO, Mr. SISISKY,

Mr. WISE, Mr. LAROCCO, Mr. CAMP, Mr. CANADY, Mr. WALKER, Mr.

ROTH, Mr. HOUGHTON, Mr. COLEMAN, Mr. STEARNS, Mr. THOMAS of

Wyoming, Mr. HEFNER, Mr. MCCRERY, Ms. DANNER, Mr. GOODLING,

Mr. MCDADE, Mr. VALENTINE, Mr. BURTON of Indiana, Mr. DREIER,

Mr. LEWIS of Florida, Mr. CLYBURN, Mr. GEKAS, Mr. DEAL, Mr. KANJORSKI, Mr. GINGRICH, Mr. SHUSTER, Mr. GRAMS, Mr. TAYLOR of North

Carolina, Mr. TRAFICANT, Mr. SCHAEFER, Mr. GALLEGLY, Mr. HUTCHINSON, Mr. ANDREWS of New Jersey, Mr. PETERSON of Minnesota, Ms.

DUNN, Mr. GALLO, Mr. BALLENGER, Mr. ZELIFF, Mr. GOODLATTE, Mr.

BAKER of California, Mr. ARMEY, Mr. BREWSTER, Mr. PETERSON of

Florida, Mr. HANSEN, Mrs. LLOYD, Mr. SOLOMON, Mr. NEAL of North

Carolina, Mr. BONILLA, Mr. GONZALEZ, Mr. GUTIERREZ, Mr. COLLINS
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of Georgia, Mr. DUNCAN, Mr. COX, Mr. LIGHTFOOT, Ms. KAPTUR, Mr.

YOUNG of Alaska, Mr. GILCHREST, and Mr. FAZIO

A BILL

To amend the Federal Insecticide, Fungicide, and

Rodenticide Act and the Federal Food, Drug, and Cosmetic 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.

4 This Act may be cited as the ‘‘Food Quality Protec5 tion Act of 1993’’.

6 TITLE I—CANCELLATION AND

7 SUSPENSION

8 SEC. 101. REFERENCE.

9 Whenever in this title an amendment or repeal is ex10 pressed in terms of an amendment to, or repeal of, a sec11 tion or other provision, the reference shall be considered

12 to be made to a section or other provision of the Federal

13 Insecticide, Fungicide, and Rodenticide Act.

14 SEC. 102. CANCELLATION.

15 Section 6(b) (7 U.S.C. 136d(b)) is amended to read

16 as follows:
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1 ‘‘(b) CANCELLATION AND CHANGE IN CLASSIFICA2 TION OR OTHER TERMS OR CONDITIONS OF REGISTRA3 TION.—

4 ‘‘(1) AUTHORITY.—Notwithstanding any other

5 provision of this Act, the Administrator may, by use

6 of informal rulemaking under this subsection, pre7 scribe requirements regarding the composition, pack8 aging, and labeling of a pesticide (or a group of pes9 ticides containing a common active or inert ingredi10 ent), or may classify any such pesticide, or may pro11 hibit the registration or continued registration of

12 any such pesticide for some or all purposes, to the

13 extent necessary to assure that the pesticide, when

14 used in accordance with widespread and commonly

15 recognized practice, does not generally cause unrea16 sonable adverse effects on the environment.

17 ‘‘(2) BASIS FOR RULE.—

18 ‘‘(A) The Administrator may not initiate a

19 rulemaking under this subsection unless the

20 rulemaking is based on a validated test or other

21 significant evidence raising prudent concerns of

22 unreasonable adverse effects to man or to the

23 environment.

24 ‘‘(B)(i) The Administrator shall submit to

25 a scientific peer review committee established
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1 by the Administrator the validated test or other

2 significant evidence upon which the Adminis3 trator proposes to base a rulemaking under

4 paragraph (1).

5 ‘‘(ii) The scientific peer review committee

6 shall provide written recommendations to the

7 Administrator as to whether the test or evi8 dence reviewed satisfies the criteria under para9 graph (1) for initiating a rulemaking under

10 paragraph (1).

11 ‘‘(iii) The scientific peer review committee

12 shall consist of employees of or consultants to

13 the Environmental Protection Agency who have

14 not been involved in any previous analysis of

15 the validated test or significant evidence pre16 sented to the committee and who are expert in

17 the physical or biological disciplines involved in

18 the proposed rulemaking.

19 ‘‘(3) PRENOTICE PROCEDURES.—

20 ‘‘(A) The Administrator may not initiate a

21 rulemaking under paragraph (1) until the Ad22 ministrator has furnished to the registrant of

23 each affected pesticide a notice that includes a

24 summary of the validated test or other signifi25 cant evidence upon which the Administrator
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1 proposes to base the rulemaking and the basis

2 for a determination that such test or evidence

3 raises prudent concerns that the pesticide

4 causes unreasonable adverse risks to man or to

5 the environment. A registrant shall have 30

6 days after receipt of a notice provided under

7 this subparagraph to respond to such notice.

8 ‘‘(B) At the same time that the Adminis9 trator furnishes notice to registrants of the pes10 ticide under subparagraph (A), the Adminis11 trator shall also furnish such notice to the Sec12 retary of Agriculture and the Secretary of

13 Health and Human Services. Upon receipt of

14 such notification, the Secretary of Agriculture,

15 when an agricultural commodity is affected,

16 shall prepare an analysis of the benefit and use

17 data of the pesticide and provide the analysis to

18 the Administrator.

19 ‘‘(4) ADVANCE NOTICE TO PUBLIC.—

20 ‘‘(A) The Administrator after receiving the

21 recommendation of the peer review committee

22 established under paragraph (2)(B) together

23 with any comments submitted by the Secretary

24 of Agriculture, the Secretary of Health and
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1 Human Services, and any registrant shall ei2 ther—

3 ‘‘(i) issue an advance notice of pro4 posed rulemaking, or

5 ‘‘(ii) issue a notice of a proposed deci6 sion not to initiate a rulemaking under

7 paragraph (1).

8 ‘‘(B) The Administrator shall publish such

9 notice in the Federal Register and provide a pe10 riod of not less than 60 days for comment

11 thereon. The notice shall contain a statement of

12 its basis and purpose, which shall include a

13 summary of—

14 ‘‘(i) the factual data on which the no15 tice is based,

16 ‘‘(ii) the major scientific assumptions

17 underlying the notice, and

18 ‘‘(iii) a summary of the notice under

19 paragraph (3) and any significant com20 ments received from any registrant, the

21 Secretary of Agriculture, and the Secretary

22 of Health and Human Services.

23 ‘‘(C) If the Administrator, after consider24 ing any comments received, decides not to issue

25 a notice of proposed rulemaking, the Adminis-
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1 trator shall publish in the Federal Register a

2 notice setting forth the decision and its basis.

3 ‘‘(5) DOCKET.—For each rulemaking under

4 paragraph (1), the Administrator shall establish a

5 docket. The docket shall include a copy of the notice

6 under paragraph (3), of any notice issued under

7 paragraph (4), of the notice of proposed rulemaking

8 under paragraph (6), of each timely comment filed

9 with the Administrator, of the report of the Sci10 entific Advisory Panel under paragraph (8), of a

11 record of each hearing held by the Administrator in

12 connection with the rulemaking, and of the final rule

13 or decision to withdraw the rule. Information in the

14 docket shall be made available to the public consist15 ent with the requirements of section 10. No factual

16 material that has not been entered into the docket

17 in a timely manner may be relied upon by the Ad18 ministrator in issuing a final rule or in withdrawing

19 a proposed rule or by any person in a judicial review

20 proceeding, except for—

21 ‘‘(A) information of which the Adminis22 trator may properly take official notice, or

23 ‘‘(B) information of which a court may

24 properly take judicial notice.

25 ‘‘(6) NOTICE OF PROPOSED RULEMAKING.—
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1 ‘‘(A) Not less than 60 days after an ad2 vance notice of proposed rulemaking, except as

3 provided in paragraph (14), the Administrator

4 may issue a notice of proposed rulemaking. The

5 notice of proposed rulemaking shall include a

6 statement of its basis and purpose, a request

7 for any additional data needed, and a bibliog8 raphy of all significant scientific data and stud9 ies on which the proposed rule is based. The

10 statement of basis and purpose shall include a

11 summary of—

12 ‘‘(i) the factual data on which the pro13 posed rule is based,

14 ‘‘(ii) the major scientific assumptions,

15 legal interpretations, and policy consider16 ations underlying the proposed rule,

17 ‘‘(iii) a summary of available risk-ben18 efit information, including benefits and use

19 information as provided by the Secretary

20 of Agriculture, and

21 ‘‘(iv) the Administrator’s analysis and

22 tentative conclusions regarding the bal23 ancing of such risks and benefits.

24 ‘‘(B) Registrants of the pesticide and any

25 person who submits comments on the proposed
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1 rule shall make a report to the Administrator of

2 all scientific data and studies in such person’s

3 possession concerning the risks and benefits of

4 the pesticide that are the subject of the rule5 making and were not included in the bibliog6 raphy included in the notice required in sub7 paragraph (A). If such person receives addi8 tional scientific data or studies pertinent to the

9 rulemaking that were not included in such bibli10 ography, the person shall make a report of such

11 scientific data and studies to the Administrator

12 promptly after receipt. If the Administrator re13 ceives reports containing additional data con14 cerning risks or benefits, the Administrator

15 shall revise the bibliography to reflect such data

16 and make the revised bibliography available to

17 the public.

18 ‘‘(C) The Administrator shall provide a

19 comment period of not less than 90 days after

20 the publication of the notice of proposed rule21 making. During such period any person may

22 submit comments, data, or documentary infor23 mation on the proposed rule. Promptly upon re24 ceipt by the Administrator, all written com25 ments and documentary information on the pro-
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1 posed rule received from any person for inclu2 sion in the docket during the comment period,

3 shall be placed in the docket.

4 ‘‘(D) At the same time that the Adminis5 trator publishes notice under subparagraph (A),

6 the Administrator shall provide the Secretary of

7 Agriculture and the Secretary of Health and

8 Human Services with a copy of the proposed

9 rule. Not later than 90 days after the publica10 tion of the notice of proposed rulemaking, the

11 Secretary of Agriculture and the Secretary of

12 Health and Human Services may provide com13 ments on such proposed rule. When an agricul14 tural commodity is affected, the Secretary of

15 Agriculture shall provide to the Administrator

16 an analysis of the impact of the proposed action

17 on the domestic and global availability and

18 prices of agricultural commodities and retail

19 food prices and any associated societal impacts

20 (including consumer nutrition and health and

21 low-income consumers).

22 ‘‘(7) INFORMAL HEARING.—

23 ‘‘(A) Any person who has submitted a

24 comment may, not later than 15 days after the

25 close of the comment period, request of the Ad-
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1 ministrator an informal hearing on questions of

2 fact pertaining to the proposed rule or com3 ments thereon. Upon such request, the Admin4 istrator shall schedule an informal hearing not

5 to exceed 20 days duration, and to conduct not

6 later than 60 days after the close of the com7 ment period. The Administrator shall announce

8 the time, place, and purpose of the hearing in

9 the Federal Register. The informal hearing

10 shall be limited to addressing questions of fact

11 raised by materials in the docket. A transcript

12 shall be made of any oral presentation, discus13 sion, or debate and included in the docket.

14 ‘‘(B) The Administrator shall appoint a

15 presiding officer who shall have the authority to

16 administer oaths, regulate the course of the

17 hearing, conduct prehearing conferences, sched18 ule presentations, and exclude irrelevant, imma19 terial, or unduly repetitious evidence.

20 ‘‘(C) The presiding officer shall conduct

21 the informal hearing in a manner that encour22 ages discussion and debate on questions of fact

23 regarding the docket. The Administrator shall

24 designate one or more employees of the Envi25 ronmental Protection Agency to participate in
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1 the hearing. Any person who submitted a com2 ment on the proposed rule may participate in

3 the hearing and shall be entitled to present evi4 dence and argument to support the partici5 pant’s position or rebut a contrary position and

6 may choose to present materials in oral or writ7 ten form.

8 ‘‘(8) REVIEW BY SCIENTIFIC ADVISORY

9 PANEL.—At the time the Administrator issues a no10 tice of proposed rulemaking under paragraph (6),

11 the Administrator shall provide a copy of such notice

12 to the Scientific Advisory Panel established under

13 section 25(d). If any person submits comments

14 under paragraph (6) in opposition to the proposed

15 rule, the Administrator shall request the comments,

16 evaluations, and recommendations of the Panel as to

17 the impact on health and the environment of the

18 proposed rule and on any disputed issues of fact or

19 scientific policy that appear to be of significance in

20 the rulemaking. The Panel may hold a public hear21 ing to discuss the proposed rule. The Panel shall

22 provide a report to the Administrator not later than

23 30 days after the close of comment period (or, if a

24 hearing has been requested under paragraph (7), not

25 later than 30 days after the end of such hearing).
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1 The Administrator shall allow a reasonable time for

2 written public comment on the Panel’s report. A

3 copy of the Panel’s report and any comments shall

4 be included in the rulemaking docket.

5 ‘‘(9) FINAL ACTION.—After considering all ma6 terial in the docket, the Administrator shall publish

7 in the Federal Register either a final rule or a with8 drawal of the proposed rule. The Administrator may

9 not prohibit a use of a pesticide if alternative re10 quirements will assure that the pesticide, when used

11 in accordance with widespread and commonly recog12 nized practice, will not generally cause unreasonable

13 adverse effects on the environment. In taking any

14 final action, the Administrator shall take into ac15 count the impact of the action on production and

16 prices of agricultural commodities, retail food prices,

17 and otherwise on agricultural economy. The final

18 rule or withdrawal of the proposal shall be accom19 panied by a statement that—

20 ‘‘(A) explains the reasons for the action;

21 ‘‘(B) responds to any comments made by

22 the Secretary of Agriculture or the Secretary of

23 Health and Human Services, and responds to

24 any report of the Scientific Advisory Panel;
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1 ‘‘(C) responds to each significant comment

2 contained in the docket; and

3 ‘‘(D) in the case of a final rule—

4 ‘‘(i) explains the reasons for any

5 major differences between the final rule

6 and the proposed rule;

7 ‘‘(ii) describes the impact of the final

8 rule on production and prices of agricul9 tural commodities, retail food prices, and

10 otherwise on the agricultural economy; and

11 ‘‘(iii) explains any significant dis12 agreements the Administrator may have

13 with the comments, evaluations, or rec14 ommendations contained in the report

15 under paragraph (8) or the benefits and

16 use information described in paragraph

17 (6)(A)(iii) and analysis in paragraph

18 (6)(D) as it bears on the final rule.

19 A final rule issued under this subsection shall be ef20 fective upon the date of its publication in the Fed21 eral Register.

22 ‘‘(10) MODIFICATION OR CANCELLATION.—

23 ‘‘(A) A final rule shall state any require24 ments, classifications, or prohibitions imposed

25 by the rule, and shall state that each affected
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1 registrant shall have a 30-day period from the

2 date of publication of the rule in the Federal

3 Register to apply for an amendment to the reg4 istration to comply with the rule or to request

5 voluntary cancellation of the registration. How6 ever, if the rule unconditionally prohibits all

7 uses of a pesticide, the rule may provide that

8 cancellation of the registration of the pesticide

9 is effective upon publication of the rule. The

10 final rule may prohibit or limit distribution or

11 sale by the registrant of the affected pesticide

12 to any other person in any State during such

13 30-day period.

14 ‘‘(B) Notwithstanding any other provision

15 of this Act, if an application for an amendment

16 to the registration to make it comply with a

17 rule issued under subparagraph (A) is not sub18 mitted within such 30-day period, the Adminis19 trator may issue and publish in the Federal

20 Register an order canceling the registration, ef21 fective upon the date of publication of the

22 order in the Federal Register.

23 ‘‘(11) DENIAL OF APPLICATIONS.—Notwith24 standing any other provision of this Act, no applica25 tion for initial or amended registration of any pes-
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1 ticide under section 3 or 24(c) may be approved if

2 the registration would be inconsistent with a rule in

3 effect under this subsection.

4 ‘‘(12) AMENDMENT OF RULE.—A registrant, or

5 other interested person with the concurrence of the

6 registrant, may petition for the amendment or rev7 ocation of a rule that has been issued under this

8 subsection. The petition shall state the factual mate9 rial and argument that form the basis for the peti10 tion. The Administrator shall publish a notice of the

11 petition in the Federal Register and allow a 60-day

12 comment period thereon. Not later than 180 days

13 after publication of the notice, the Administrator

14 shall determine whether to deny the petition or to

15 propose to amend or revoke the rule, and publish the

16 determination and its basis in the Federal Register.

17 In making such a determination, the Administrator

18 shall give due regard to the desirability of finality,

19 to the opportunity that the petitioner had to present

20 the factual material and argument in question in the

21 prior rulemaking proceeding, and to any new evi22 dence submitted by the petitioner. If the Adminis23 trator proposes to amend or revoke the rule, then

24 the procedures established by paragraph (1) and

25 paragraphs (6) through (9) apply. A denial of a peti-
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1 tion shall be judicially reviewable as provided in

2 paragraph (13).

3 ‘‘(13) JUDICIAL REVIEW.—A decision not to

4 initiate a rulemaking published under paragraph (4),

5 a final rule or a withdrawal of a proposed rule pub6 lished under paragraph (9) or a denial of a petition

7 under paragraph (12) shall be judicially reviewable

8 in the manner specified by section 16(b)(2).

9 ‘‘(14) EXCEPTION TO REQUIREMENTS.—If the

10 Administrator finds it necessary to issue a suspen11 sion order under subsection (c), the Administrator

12 may waive the requirements of paragraphs (3) and

13 (4) of this subsection.’’.

14 SEC. 103. PESTICIDES IN REVIEW.

15 If the Administrator, on or before January 1, 1993,

16 has published a document instituting a special review pro17 ceeding or public interim administrative review proceeding

18 with respect to a particular pesticide or active ingredient

19 thereof, the Administrator may, in lieu of proceeding

20 under section 6(b) of the Federal Insecticide, Fungicide,

21 and Rodenticide Act as amended by the Food Quality Pro22 tection Act of 1993, elect to continue such review proceed23 ing and, upon its completion, take action as warranted in

24 accordance with sections 3(c)(6), 6(b), and 6(d) as those
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1 sections were in effect on the day before the date of enact2 ment of the Food Quality Protection Act of 1993.

3 SEC. 104. SUSPENSION.

4 (a) SECTION 6(c)(1).—The second sentence of sec5 tion 6(c)(1) (7 U.S.C. 136d(c)(1)) is revised to read: ‘‘Ex6 cept as provided in paragraph (3), no order of suspension

7 may be issued under this subsection unless the Adminis8 trator has issued, or at the same time issues, a proposed

9 rule under subsection (b).’’.

10 (b) SECTION 6(c)(3).—Section 6(c)(3) (7 U.S.C.

11 136d(c)(1)) is amended by inserting after the first sen12 tence the following new sentence: ‘‘The Administrator may

13 issue an emergency order under this paragraph before is14 suing a proposed rule under subsection (b), provided that

15 the Administrator shall proceed expeditiously to issue a

16 proposed rule.’’.

17 SEC. 105. TOLERANCE REEVALUATION AS PART OF

18 REREGISTRATION.

19 Section 4(g) (7 U.S.C. 136b(g)) is amended in para20 graph (2) by adding at the end the following:

21 ‘‘(E) As soon as the Administrator has

22 sufficient information with respect to the die23 tary risk of a particular active ingredient, but

24 in any event no later than the time the Admin25 istrator makes a determination under subpara-
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1 graph (C) or (D) with respect to pesticides con2 taining a particular active ingredient, the Ad3 ministrator shall—

4 ‘‘(i) reassess each associated tolerance

5 and exemption from the requirement for a

6 tolerance issued under section 408 of the

7 Federal Food, Drug, and Cosmetic Act (21

8 U.S.C. 346a),

9 ‘‘(ii) determine whether such tolerance

10 or exemption meets the requirements of

11 that Act,

12 ‘‘(iii) determine whether additional

13 tolerances or exemptions should be issued,

14 ‘‘(iv) publish in the Federal Register a

15 notice setting forth the determinations

16 made under this subparagraph, and

17 ‘‘(v) commence promptly such pro18 ceedings under this Act and section 408 of

19 the Federal Food, Drug, and Cosmetic Act

20 as are warranted by such determinations.’’.

21 SEC. 106. SCIENTIFIC ADVISORY PANEL.

22 The first sentence of section 25(d) (7 U.S.C.

23 136w(d)) is amended by striking out ‘‘The Administrator

24 shall’’ and inserting in lieu thereof ‘‘(1) IN GENERAL.—
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1 The Administrator shall’’ and such section is amended by

2 adding at the end the following:

3 ‘‘(2) SCIENCE REVIEW BOARD.—There is estab4 lished a Science Review Board to consist of 60 sci5 entists who shall be available to the Scientific Advi6 sory Panel to assist in reviews conducted by the

7 Panel. The Scientific Advisory Panel shall select the

8 scientists from 60 nominations submitted each by

9 the National Science Foundation and the National

10 Institutes of Health. Members of the Board shall be

11 compensated in the same manner as members of the

12 Panel.’’.

13 SEC. 107. CONFORMING AMENDMENTS.

14 (a) SECTION 3(c)(6).—Section 3(c)(6) (7 U.S.C.

15 136a(c)(6)) is amended to read as follows:

16 ‘‘(6) DENIAL OF APPLICATION FOR REGISTRA17 TION.—

18 ‘‘(A) Except as provided in subparagraph

19 (B), if the Administrator proposes to deny an

20 application for registration because it does not

21 satisfy the requirements of paragraph (5), the

22 Administrator shall notify the applicant of the

23 proposal and the reasons (including the factual

24 basis thereof). Unless the applicant makes the

25 necessary corrections to the application and no-
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1 tifies the Administrator thereof during the 30-

2 day period beginning with the day after the

3 date the applicant receives the notice, or during

4 that time the applicant submits a request for a

5 hearing, the Administrator may issue an order

6 denying the application. If during that time the

7 Administrator does not receive such corrections

8 to the application or such a request for hearing,

9 the Administrator may issue an order denying

10 the application. Such an order shall be pub11 lished in the Federal Register and shall not be

12 subject to judicial review. If during that time

13 the Administrator receives a request for a hear14 ing, a hearing shall be conducted under section

15 6(d) of the Act. If such a hearing is held, a de16 cision after completion of such hearing shall be

17 final and shall be subject to judicial review

18 under section 16(b)(1) of this Act.

19 ‘‘(B) The Administrator may deny an ap20 plication for registration because it does not

21 comply with the requirements of a rule issued

22 under section 6(b) of this Act. The Adminis23 trator shall notify the applicant of such denial.

24 Such notice shall explain why the application

25 does not comply with such requirements and
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1 shall state that the applicant may petition to

2 amend or revoke such rule under section

3 6(b)(12) of this Act.’’.

4 (b) SECTION 3(c)(8).—Section 3(c)(8) (7 U.S.C.

5 136a(c)(8)) is repealed.

6 (c) SECTION 3(d).—Section 3(d) (7 U.S.C. 136a(dd))

7 is amended—

8 (1) in paragraph (1)(A), by striking out ‘‘on the

9 initial classification and registered pesticides’’ and

10 inserting in lieu thereof ‘‘under section 6(b) of this

11 Act. Registered pesticides’’; and

12 (2) in paragraph (2), by striking out all that

13 follows ‘‘on the environment,’’ and inserting in lieu

14 thereof ‘‘the Administrator may initiate a proceeding

15 under section 6(b) of the Act.’’.

16 (d) SECTION 4(e).—Section 4(e)(3)(B)(iii)(III) (7

17 U.S.C. 136b(e)(3)(B)(iii)(III)) is amended—

18 (1) by striking out ‘‘section 6(d), except that

19 the’’ and inserting in lieu thereof ‘‘section 6(d).

20 The’’; and

21 (2) by inserting after ‘‘guidelines.’’ the follow22 ing: ‘‘If a hearing is held, a decision after completion

23 of such hearing shall be final.’’;
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1 (e) SECTION 6(c).—Section 6(c) (7 U.S.C. 136d(c))

2 is amended in paragraph (4) by striking out ‘‘section 16’’

3 and inserting in lieu thereof ‘‘section 16(b)(1)’’.

4 (f) SECTION 6(d).—Section 6(d) (7 U.S.C. 136d(d))

5 is amended—

6 (1) by revising the first sentence to read as fol7 lows: ‘‘If a hearing is requested pursuant to section

8 3(c)(2)(B)(iv), 3(c)(6), 4(e)(3)(B)(iii)(III), 6(c)(2),

9 or 6(e)(2), such hearing shall be held for the pur10 pose of receiving evidence relevant and material to

11 the issues raised by the request for hearing.’’; and

12 (2) by striking all that follows the eighth sen13 tence and inserting the following: ‘‘A hearing under

14 this subsection shall be held in accordance with the

15 provisions of sections 554, 556, and 557 of title 5,

16 United States Code. As soon as practicable after the

17 completion of the hearing, the Administration shall

18 issue a final order setting forth the Administrator’s

19 decision. Such order and decision shall be based only

20 on substantial evidence of record of such hearing,

21 shall set forth detailed findings of fact upon which

22 the order is based, and shall be subject to judicial

23 review under section 16(b)(1).’’.
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1 (g) SECTION 16(a).—Section 16(a) (7 U.S.C.

2 136n(a)) is amended by inserting ‘‘or a proceeding under

3 section 6(b)’’ after ‘‘a hearing’’.

4 (h) SECTION 16(b).—Section 16(b) (17 U.S.C.

5 136n(b)) is amended—

6 (1) by striking out ‘‘(b) REVIEW BY COURT OF

7 APPEALS.—In the case of’’ and inserting in lieu

8 thereof the following:

9 ‘‘(b) REVIEW BY COURT OF APPEALS.—

10 ‘‘(1) REVIEW OF CERTAIN ORDERS.—In the

11 case of’’;

12 (2) by striking ‘‘under this section’’ in the sixth

13 sentence of paragraph (1) (as so designated) and in14 serting ‘‘under this paragraph’’; and

15 (3) by adding at the end the following new

16 paragraph:

17 ‘‘(2) REVIEW OF CERTAIN RULES.—In the case

18 of actual controversy as to the validity of any rule

19 issued by the Administrator under section 6(b)(9),

20 any decision by the Administrator under section

21 6(b)(4) or 6(b)(9) not to issue a proposed rule or to

22 withdraw a proposed rule, or any denial of a petition

23 to revoke or amend a final rule under section

24 6(b)(12), any person who will be adversely affected

25 by such rule or decision and who has filed comments
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•HR 1627 SC

1 in the proceeding leading to the rule or decision may

2 obtain judicial review by filing a petition in the Unit3 ed States court of appeals for the circuit wherein

4 such person resides or has a place of business, with5 in 60 days after the entry of such order. A copy of

6 the petition shall be forthwith transmitted to the Ad7 ministrator or any officer designated by the Admin8 istrator for that purpose, and thereupon the Admin9 istrator shall file in court the record of the proceed10 ings on which the Administrator based such rule or

11 decision, as provided in section 2112 of title 28,

12 United States Code. Upon the filing of such petition

13 the court shall have exclusive jurisdiction to affirm

14 or set aside such rule or decision in whole or in part.

15 The standard review shall be that set forth in sec16 tion 706 of title 5, United States Code. The judg17 ment of the court under this paragraph shall be

18 final, subject to review by the Supreme Court upon

19 certiorari or certification as provided in section 1254

20 of title 28 of the United States Code. The com21 mencement of proceedings under this section shall

22 not, unless specifically ordered by the court to the

23 contrary, operate as a stay of an order.’’.
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•HR 1627 SC

1 (i) SECTION 25(a).—Section 25(a) (7 U.S.C.

2 136w(a)) is amended by adding a new paragraph (5) at

3 the end, to read as follows:

4 ‘‘(5) EXCEPTION.—The requirements of this

5 subsection shall not apply to any rule or rulemaking

6 proceeding under section 6(b).’’.

7 (j) SECTION 25(d).—Section 25(d) (7 U.S.C.

8 136w(d)) is amended—

9 (1) in the first sentence by striking out ‘‘in no10 tices of intent issued under subsection 6(b) and’’;

11 and

12 (2) in the second sentence by striking out ‘‘no13 tices of intent and’’ and by striking out ‘‘section

14 6(b) or’’.

15 (k) SECTION 25(e).—Section 25(e) (7 U.S.C.

16 136w(e)) is amended by striking out the period at the end

17 of the second sentence and substituting ‘‘, except for any

18 action that may be taken under section 6(b).’’.

19 TITLE II—DATA COLLECTION

20 SEC. 201. COLLECTION OF PESTICIDE USE INFORMATION.

21 The Secretary of Agriculture shall collect data of

22 Statewide or regional significance on the use of pesticides

23 to control pests and diseases of major crops and crops of

24 dietary significance, including fruits and vegetables. Such

25 data shall be collected by surveys of farmers or from other
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1 sources offering statistically reliable data. The Secretary

2 shall, as appropriate, coordinate with the Administrator

3 of the Environmental Protection Agency in the design of

4 such surveys and make available to the Administrator the

5 aggregate results of such surveys to assist the Adminis6 trator in developing exposure calculations and benefits de7 terminations with respect to pesticide regulatory decisions.

8 SEC. 202. INTEGRATED PEST MANAGEMENT.

9 Section 28(c) of the Federal Insecticide, Fungicide,

10 and Rodenticide Act (7 U.S.C. 136w–3(c)) is amended—

11 (1) by designating the text of such section as

12 paragraph (1) with the margin indented one em, and

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

14 ‘‘(2) The Administrator and the Secretary of Agri15 culture shall research, develop, and disseminate integrated

16 pest management techniques and other pest control meth17 ods that enable producers to reduce or eliminate applica18 tions of pesticides which pose a greater than negligible die19 tary risk to humans, with a special focus on crops critical

20 to a balanced, healthy diet and which are considered as

21 minor crops in terms of acreage produced.’’.
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•HR 1627 SC

1 TITLE III—AMENDMENTS TO THE FED2 ERAL FOOD, DRUG, AND COSMETIC

3 ACT

4 SEC. 301. REFERENCE.

5 Whenever in this title an amendment is expressed in

6 terms of an amendment to a section or other provision,

7 or refers to a section or other provision, the reference shall

8 be considered to be made to a section or other provision

9 of the Federal Food, Drug, and Cosmetic Act.

10 SEC. 302. DEFINITIONS.

11 (a) Section 201(q) (21 U.S.C. 321(q)) is amended to

12 read as follows:

13 ‘‘(q)(1) The term ‘pesticide chemical’ means—

14 ‘‘(A) any substance that is a pesticide within

15 the meaning of the Federal Insecticide, Fungicide,

16 and Rodenticide Act, or

17 ‘‘(B) any active or inert ingredient of a pes18 ticide within the meaning of the Federal Insecticide,

19 Fungicide, and Rodenticide Act.

20 ‘‘(2) The term ‘pesticide chemical residue’ means a

21 residue in or on raw agricultural commodity or processed

22 food of—

23 ‘‘(A) a pesticide chemical, or

24 ‘‘(B) any other added substance that is present

25 in the commodity or food primarily as a result of the
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•HR 1627 SC

1 metabolism or other degradation of a pesticide

2 chemical.

3 ‘‘(3) Notwithstanding paragraphs (1) and (2), the

4 Administrator may by regulation except a substance from

5 the definition of ‘pesticide chemical’ or ‘pesticide chemical

6 residue’ if—

7 ‘‘(A) its occurrence as a residue on a raw agri8 cultural commodity or processed food is attributable

9 primarily to natural causes or to human activities

10 not involving the use of any substances for a pes11 ticidal purpose in the production, storage, process12 ing, or transportation of any raw agricultural com13 modity or processed food, and

14 ‘‘(B) the Administrator, after consultation with

15 the Secretary, determines that the substance more

16 appropriately should be regulated under one or more

17 provisions of this Act other than sections

18 402(a)(2)(B) and 408.’’.

19 (b) Paragraphs (1) and (2) of section 201(s) (21

20 U.S.C. 321(s)) are amended to read as follows:

21 ‘‘(1) a pesticide chemical residue in or on a raw

22 agricultural commodity or processed food; or

23 ‘‘(2) a pesticide chemical; or’’.

24 (c) Section 201 (21 U.S.C. 321) is amended by add25 ing at the end the following:
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•HR 1627 SC

1 ‘‘(bb) The term ‘processed food’ means any food

2 other than a raw agricultural commodity and includes any

3 raw agricultural commodity that has been subject to proc4 essing, such as canning, cooking, freezing, dehydration, or

5 milling.

6 ‘‘(cc) The term ‘Administrator’ means the Adminis7 trator of the United States Environmental Protection

8 Agency.’’.

9 SEC. 303. PROHIBITED ACTS.

10 Section 301(j) (21 U.S.C. 331(j)) is amended—

11 (1) by striking the period at the end; and

12 (2) by adding at the end ‘‘, or the violation of

13 section 408(g)(2) or any regulation issued under

14 that section.’’.

15 SEC. 304. ADULTERATED FOOD.

16 Section 402(a)(2) (21 U.S.C. 342(a)(2)) is amended

17 to read as follows:

18 ‘‘(2)(A) if it bears or contains any added poi19 sonous or added deleterious substance (other than a

20 substance that is a pesticide chemical residue in or

21 on a raw agricultural commodity or processed food,

22 a food additive, a color additive, or a new animal

23 drug) that is unsafe within the meaning of section

24 406;
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•HR 1627 SC

1 ‘‘(B) if it bears or contains a pesticide chemical

2 residue that is unsafe within the meaning of section

3 408(a); or

4 ‘‘(C) if it is or if it bears or contains—

5 ‘‘(i) any food additive that is unsafe within

6 the meaning of section 409, or

7 ‘‘(ii) a new animal drug (or conversion

8 product thereof) that is unsafe within the

9 meaning of section 512; or’’.

10 SEC. 305. TOLERANCES AND EXEMPTIONS FOR PESTICIDE

11 CHEMICAL RESIDUES.

12 Section 408 (21 U.S.C. 346a) is amended to read as

13 follows:

14 ‘‘TOLERANCES AND EXEMPTIONS FOR PESTICIDE

15 CHEMICAL RESIDUES

16 ‘‘SEC. 408. (a) REQUIREMENT FOR TOLERANCE OR

17 EXEMPTION.—

18 ‘‘(1) GENERAL RULE.—For the purposes of this

19 section, the term ‘food,’ when used as a noun with20 out modification, shall mean a raw agricultural com21 modity or processed food. Except as provided in

22 paragraph (2) or (3), any pesticide chemical residue

23 in or on a food shall be deemed unsafe for the pur24 pose of section 402(a)(2)(B) unless—

25 ‘‘(A) a tolerance for such pesticide chemi26 cal residue in or on such food is in effect under
32

•HR 1627 SC

1 this section and the concentration of the residue

2 is within the limits of the tolerance, or

3 ‘‘(B) an exemption from the requirement

4 of a tolerance is in effect under this section for

5 the pesticide chemical residue.

6 ‘‘(2) PROCESSED FOOD.—Notwithstanding

7 paragraph (1)—

8 ‘‘(A) if a tolerance is in effect under this

9 section for a pesticide chemical residue in or on

10 a raw agricultural commodity, a pesticide chem11 ical residue that is present in or on a processed

12 food because the food is made from that raw

13 agricultural commodity shall not be considered

14 unsafe within the meaning of section

15 402(a)(2)(B) despite the lack of a tolerance for

16 the pesticide chemical residue in or on the proc17 essed food if the concentration of the pesticide

18 chemical residue in the processed food when

19 ready for consumption or use is not greater

20 than the tolerance prescribed for the pesticide

21 chemical residue in the raw agricultural com22 modity.

23 ‘‘(B) If an exemption from the requirement

24 for a tolerance is in effect under this section for

25 a pesticide chemical residue in or on a raw agri-
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•HR 1627 SC

1 cultural commodity, a pesticide chemical residue

2 that is present in or on a processed food be3 cause the food is made from that raw agricul4 tural commodity shall not be considered unsafe

5 within the meaning of section 402(a)(2)(B).

6 ‘‘(3) RESIDUES OF DEGRADATION PRODUCTS.—

7 If a pesticide chemical residue is present in or on a

8 food because it is a metabolite or other degradation

9 product of a precursor substance that itself is a pes10 ticide chemical or pesticide chemical residue, such a

11 residue shall not be considered to be unsafe within

12 the meaning of section 402(a)(2)(B) despite the lack

13 of a tolerance or exemption from the need for a tol14 erance for such residue in or on such food if—

15 ‘‘(A) the Administrator has not determined

16 that the degradation product is likely to pose

17 any potential health risk from dietary exposure

18 that is of a different type than, or of a greater

19 significance than, any risk posed by dietary ex20 posure to the precursor substance, and

21 ‘‘(B) either—

22 ‘‘(i) a tolerance is in effect under this

23 section for residues of the precursor sub24 stance in or on the food, and the combined

25 level of residues of the degradation product
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1 and the precursor substance in or on the

2 food is at or below the stoichiometrically

3 equivalent level that would be permitted by

4 the tolerance if the residue consisted only

5 of the precursor substance rather than the

6 degradation product, or

7 ‘‘(ii) an exemption from the need for

8 a tolerance is in effect under this section

9 for residues of the precursor substance in

10 or on the food, and

11 ‘‘(C) the tolerance or exemption for resi12 dues of the precursor substance does not state

13 that it applies only to particular named sub14 stances or states that it does not apply to resi15 dues of the degradation product.

16 ‘‘(4) EFFECT OF TOLERANCE OR EXEMP17 TION.—While a tolerance or exemption from the re18 quirement for a tolerance is in effect under this sec19 tion for a pesticide chemical residue with respect to

20 any food, the food shall not by reason of bearing or

21 containing any amount of such a residue be consid22 ered to be adulterated within the meaning of section

23 402(a)(1).

24 ‘‘(b) AUTHORITY AND STANDARD FOR TOLER25 ANCES.—
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1 ‘‘(1) AUTHORITY.—The Administrator may

2 issue regulations establishing, modifying, or revoking

3 a tolerance for a pesticide chemical residue in or on

4 a food—

5 ‘‘(A) in response to a petition filed under

6 subsection (d), or

7 ‘‘(B) on the Administrator’s initiative

8 under subsection (e).

9 ‘‘(2) STANDARD.—(A) A tolerance may not be

10 established for a pesticide chemical residue in or on

11 a food at a level that is higher than a level that the

12 Administrator determines is adequate to protect the

13 public health.

14 ‘‘(B) The Administrator shall modify or revoke

15 a tolerance if it is at a level higher than the level

16 that the Administrator determines is adequate to

17 protect the public health.

18 ‘‘(C) In making a determination under this

19 paragraph the Administrator shall take into account,

20 among other relevant factors, the validity, complete21 ness, and reliability of the available data from stud22 ies of the pesticide chemical residue, the nature of

23 any toxic effects shown to be caused by the pesticide

24 chemical in such studies, available information and

25 reasonable assumptions concerning the relationship
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•HR 1627 SC

1 of the results of such studies to human risk, avail2 able information and reasonable assumptions con3 cerning the dietary exposure levels of food consum4 ers (and major identifiable subgroups of food con5 sumers) to the pesticide chemical residue, and avail6 able information and reasonable assumptions con7 cerning the variability of the sensitivities of major

8 identifiable groups and shall consider other factors

9 to the extent required by subparagraph (F).

10 ‘‘(D) For purposes of subparagraph (A), a tol11 erance level for a pesticide chemical residue in or on

12 a food shall be deemed to be adequate to protect the

13 public health if the dietary risk posed to food con14 sumers by such level of the pesticide chemical resi15 due is negligible. The Administrator shall by regula16 tion set forth the factors and methods for determin17 ing whether such a risk is negligible.

18 ‘‘(E) Where reliable data are available, the Ad19 ministrator shall calculate the dietary risk posed to

20 food consumers by a pesticide chemical on the basis

21 of the percent of food actually treated with the pes22 ticide chemical and the actual residue levels of the

23 pesticide chemical that occur in food. In particular,

24 the Administrator shall take into account aggregate
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•HR 1627 SC

1 pesticide use and residue data collected by the De2 partment of Agriculture.

3 ‘‘(F) For purposes of subparagraph (A), a level

4 of a pesticide chemical residue in or on a food that

5 poses a greater than negligible dietary risk to con6 sumers of the food shall be deemed to be adequate

7 to protect the public health if the Administrator de8 termines that such risk is not unreasonable be9 cause—

10 ‘‘(i) use of the pesticide that produces the

11 residue protects humans or the environment

12 from adverse effects on public health or welfare

13 that would, directly or indirectly, result in

14 greater risk to the public or the environment

15 than the dietary risk from the pesticide chemi16 cal residue; or

17 ‘‘(ii) use of the pesticide avoids risks to

18 workers, the public, or the environment that

19 would be expected to result from the use of an20 other pesticide or pest control method on the

21 same food and that are greater than the risks

22 that result from dietary exposure to the pes23 ticide chemical residue; or

24 ‘‘(iii) the unavailability of the pesticide

25 would limit the availability to consumers of an
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1 adequate, wholesome, and economical food sup2 ply, taking into account regional and domestic

3 effects, and such adverse effects are likely to

4 outweigh the risk posed by the pesticide resi5 due.

6 In making the determination under this subpara7 graph, the Administrator shall not consider the ef8 fects on any pesticide registrant, manufacturer, or

9 marketer of a pesticide.

10 ‘‘(3) LIMITATIONS.—(A) A tolerance may be is11 sued under the authority of paragraph (2)(E) only

12 if the Administrator has assessed the extent to

13 which efforts are being made to develop either an al14 ternative method of pest control or an alternative

15 pesticide chemical for use on such commodity or

16 food that would meet the requirements of paragraph

17 (2)(D).

18 ‘‘(B) A tolerance for a pesticide chemical resi19 due in or on a food shall not be established by the

20 Administrator unless the Administrator determines,

21 after consultation with the Secretary, that there is

22 a practical method for detecting and measuring the

23 levels of the pesticide chemical residue in or on the

24 food.
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1 ‘‘(C) A tolerance for a pesticide chemical resi2 due in or on a food shall not be established at a level

3 lower than the limit of detection of the method for

4 detecting and measuring the pesticide chemical resi5 due specified by the Administrator under subpara6 graph (B).

7 ‘‘(4) INTERNATIONAL STANDARDS.—In estab8 lishing a tolerance for a pesticide chemical residue in

9 or on a food, the Administrator shall take into ac10 count any maximum residue level for the chemical in

11 or on the food that has been established by the

12 Codex Alimentarius Commission. The Administrator

13 shall determine whether the Codex maximum residue

14 level is adequate to protect the health of United

15 States’ consumers and whether the data supporting

16 the maximum residue level are valid, complete, and

17 reliable. If the Administrator determines not to

18 adopt a Codex maximum residue level, the Adminis19 trator shall publish a notice in the Federal Register

20 setting forth the reasons.

21 ‘‘(c) AUTHORITY AND STANDARD FOR EXEMP22 TIONS.—

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

24 issue a regulation establishing, modifying, or revok25 ing an exemption from the requirement for a toler-
40

•HR 1627 SC

1 ance for a pesticide chemical residue in or on a

2 food—

3 ‘‘(A) in response to a petition filed under

4 subsection (d), or

5 ‘‘(B) on the Administrator’s initiative

6 under subsection (e).

7 ‘‘(2) STANDARD.—(A) An exemption from the

8 requirement for a tolerance for a pesticide chemical

9 residue in or on a food may be established only if

10 the Administrator determines that a tolerance is not

11 needed to protect the public health, in view of the

12 levels of dietary exposure to the pesticide chemical

13 residue that could reasonably be expected to occur.

14 ‘‘(B) An exemption from the requirement for a

15 tolerance for a pesticide chemical residue in or on a

16 food shall be revoked if the Administrator, in re17 sponse to a petition for the revocation of the exemp18 tion or at the Administrator’s own initiative deter19 mines that the exemption does not satisfy the cri20 terion of subparagraph (A).

21 ‘‘(C) In making a determination under this sub22 paragraph, the Administrator shall take into ac23 count, among other relevant factors, the factors set

24 forth in subsection (b)(2)(C).
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1 ‘‘(3) LIMITATION.—An exemption from the re2 quirement for a tolerance for a pesticide chemical

3 residue in or on a food shall not be established by

4 the Administrator unless the Administrator deter5 mines, after consultation with the Secretary—

6 ‘‘(A) that there is a practical method for

7 detecting and measuring the levels of such pes8 ticide chemical residue in or on such food; or

9 ‘‘(B) that there is no need for such a

10 method, and states the reasons for such deter11 mination in the order issuing the regulation es12 tablishing or modifying the regulation.

13 ‘‘(d) PETITION FOR TOLERANCE OR EXEMPTION.—

14 ‘‘(1) PETITIONS AND PETITIONERS.—Any per15 son may file with the Administrator a petition pro16 posing the issuance of a regulation—

17 ‘‘(A) establishing, modifying, or revoking a

18 tolerance for a pesticide chemical residue in or

19 on a food, or

20 ‘‘(B) establishing or revoking an exemption

21 from the requirement of a tolerance for such a

22 residue.

23 ‘‘(2) PETITION CONTENTS.—

24 ‘‘(A) ESTABLISHMENT.—A petition under

25 paragraph (1) to establish a tolerance or ex-
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1 emption for a pesticide chemical residue shall

2 be supported by such data and information as

3 are specified in regulations issued by the Ad4 ministrator, including—

5 ‘‘(i)(I) an informative summary of the

6 petition and of the data, information, and

7 arguments submitted or cited in support of

8 the petition,

9 ‘‘(II) a statement that the petitioner

10 agrees that such summary or any informa11 tion it contains may be published as a part

12 of the notice of filing of the petition to be

13 published under this subsection and as

14 part of a proposed or final regulation is15 sued under this section,

16 ‘‘(ii) the name, chemical identity, and

17 composition of the pesticide chemical resi18 due and of the pesticide chemical that pro19 duces the residue,

20 ‘‘(iii) data showing the recommended

21 amount, frequency, method, and time of

22 application of that pesticide chemical,

23 ‘‘(iv) full reports of tests and inves24 tigations made with respect to the safety of

25 the pesticide chemical, including full infor-
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1 mation as to the methods and controls

2 used in conducting those tests and inves3 tigations,

4 ‘‘(v) full reports of tests and inves5 tigations made with respect to the nature

6 and amount of the pesticide chemical resi7 due that is likely to remain in or on the

8 food, including a description of the analyt9 ical methods used,

10 ‘‘(vi) a practical method for detecting

11 and measuring the levels of the pesticide

12 chemical residue in or on the food, or a

13 statement why such a method is not need14 ed,

15 ‘‘(vii) practical methods for removing

16 any amount of the residue that would ex17 ceed any proposed tolerance,

18 ‘‘(viii) a proposed tolerance for the

19 pesticide chemical residue, if a tolerance is

20 proposed,

21 ‘‘(ix) all relevant data bearing on the

22 physical or other technical effect that the

23 pesticide chemical is intended to have and

24 the quantity of the pesticide chemical that

25 is required to produce the effect,
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1 ‘‘(x) if the petition relates to a toler2 ance for a processed food, reports of inves3 tigations conducted using the processing

4 method(s) used to produce that food,

5 ‘‘(xi) such information as the Admin6 istrator may require to make the deter7 mination under subsection (b)(2)(E), and

8 ‘‘(xii) such other data and information

9 as the Administrator requires by regulation

10 to support the petition.

11 If information or data required by this subpara12 graph is available to the Administrator, the per13 son submitting the petition may cite the avail14 ability of the information or data in lieu of sub15 mitting it. The Administrator may require a pe16 tition to be accompanied by samples of the pes17 ticide chemical with respect to which the peti18 tion is filed.

19 ‘‘(B) MODIFICATION OR REVOCATION.—

20 The Administrator may by regulation establish

21 the requirements for information and data to

22 support a petition to modify or revoke a toler23 ance or to revoke an exemption from the re24 quirement for a tolerance.
45

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1 ‘‘(3) NOTICE.—A notice of the filing of a peti2 tion that the Administrator determines has met the

3 requirements of paragraph (2) shall be published by

4 the Administrator within 30 days after such deter5 mination. The notice shall announce the availability

6 of a description of the analytical methods available

7 to the Administrator for the detection and measure8 ment of the pesticide chemical residue with respect

9 to which the petition is filed or shall set forth the

10 petitioner’s statement of why such a method is not

11 needed. The notice shall include the summary re12 quired by paragraph (2)(A)(i).

13 ‘‘(4) ACTIONS BY THE ADMINISTRATOR.—The

14 Administrator shall, after giving due consideration

15 to a petition filed under paragraph (1) and any

16 other information available to the Administrator—

17 ‘‘(A) issue a final regulation (which may

18 vary from that sought by the petition) estab19 lishing, modifying, or revoking a tolerance for

20 the pesticide chemical residue or an exemption

21 of the pesticide chemical residue from the re22 quirement of a tolerance;

23 ‘‘(B) issue a proposed regulation under

24 subsection (e), and thereafter either issue a
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1 final regulation under subsection (e) or an

2 order denying the petition; or

3 ‘‘(C) issue an order denying the petition.

4 ‘‘(5) EFFECTIVE DATE.—A regulation issued

5 under paragraph (4) shall take effect upon publica6 tion.

7 ‘‘(6) FURTHER PROCEEDINGS.—

8 ‘‘(A) Within 60 days after a regulation or

9 order is issued under paragraph (4), subsection

10 (e)(1), or subsection (f)(1), any person may file

11 objections thereto with the Administrator, speci12 fying with particularity the provisions of the

13 regulation or order deemed objectionable and

14 stating reasonable grounds therefor. If the reg15 ulation or order was issued in response to a pe16 tition under paragraph (d)(1), a copy of each

17 objection filed by a person other than the peti18 tioner shall be served by the Administrator on

19 the petitioner.

20 ‘‘(B) An objection may include a request

21 for a public evidentiary hearing upon the objec22 tion. The Administrator shall, upon the initia23 tive of the Administrator or upon the request of

24 an interested person and after due notice, hold

25 a public evidentiary hearing if and to the extent
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1 the Administrator determines that such a public

2 hearing is necessary to receive factual evidence

3 relevant to material issues of fact raised by the

4 objections. The presiding officer in such a hear5 ing may authorize a party to obtain discovery

6 from other persons and may upon a showing of

7 good cause made by a party issue a subpoena

8 to compel testimony or production of documents

9 from any person. The presiding officer shall be

10 governed by the Federal Rules of Civil Proce11 dure in making any order for the protection of

12 the witness or the content of documents pro13 duced and shall order the payment of reason14 able fees and expenses as a condition to requir15 ing testimony of the witness. On contest, such

16 a subpoena may be enforced by a Federal dis17 trict court.

18 ‘‘(C) As soon as practicable after receiving

19 the arguments of the parties, the Administrator

20 shall issue an order stating the action taken

21 upon each such objection and setting forth any

22 revision to the regulation or prior order that the

23 Administrator has found to be warranted. If a

24 hearing was held under subparagraph (B), such

25 order and any revision to the regulation or prior
48

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1 order shall, with respect to questions of fact at

2 issue in the hearing, be based only on substan3 tial evidence of record at such hearing, and

4 shall set forth in detail the findings of facts and

5 the conclusions of law or policy upon which the

6 order or regulation is based.

7 ‘‘(D) An order issued under this paragraph

8 ruling on an objection shall not take effect be9 fore the 90th day after its publication unless

10 the Administrator finds that emergency condi11 tions exist necessitating an earlier effective

12 date, in which event the Administrator shall

13 specify in the order the Administrator’s find14 ings as to such conditions.

15 ‘‘(7) JUDICIAL REVIEW.—(A) In a case of ac16 tual controversy as to the validity of any order is17 sued under paragraph (6) or any regulation that is

18 the subject of such an order, any person who will be

19 adversely affected by such order or regulation may

20 obtain judicial review by filing in the United States

21 Court of Appeals for the circuit wherein that person

22 resides or has its principal place of business, or in

23 the United States Court of Appeals for the District

24 of Columbia Circuit, within 60 days after publication
49

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1 of such order, a petition praying that the order or

2 regulation be set aside in whole or in part.

3 ‘‘(B) A copy of the petition shall be forthwith

4 transmitted by the clerk of the court to the Adminis5 trator, or any officer designated by the Adminis6 trator for that purpose, and thereupon the Adminis7 trator shall file in the court the record of the pro8 ceedings on which the Administrator based the order

9 or regulation, as provided in section 2112 of title 28,

10 United States Code. Upon the filing of such a peti11 tion, the court shall have exclusive jurisdiction to af12 firm or set aside the order or regulation complained

13 of in whole or in part. The findings of the Adminis14 trator with respect to questions of fact shall be sus15 tained only if supported by substantial evidence

16 when considered on the record as a whole.

17 ‘‘(C) If a party applies to the court for leave to

18 adduce additional evidence, and shows to the satis19 faction of the court that the additional evidence is

20 material and that there were reasonable grounds for

21 the failure to adduce the evidence in the proceeding

22 before the Administrator, the court may order that

23 the additional evidence (and evidence in rebuttal

24 thereof) shall be taken before the Administrator in

25 the manner and upon the terms and conditions the
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1 court deems proper. The Administrator may modify

2 prior findings as to the facts by reason of the addi3 tional evidence so taken and may modify the order

4 or regulation accordingly. The Administrator shall

5 file with the court any such modified finding, order,

6 or regulation.

7 ‘‘(D) The judgment of the court affirming or

8 setting aside, in whole or in part, any order under

9 paragraph (6) and any regulation which is the sub10 ject of such an order shall be final, subject to review

11 by the Supreme Court of the United States as pro12 vided in section 1254 of title 28 of the United States

13 Code. The commencement of proceedings under this

14 paragraph shall not, unless specifically ordered by

15 the court to the contrary, operate as a stay of a reg16 ulation or order.

17 ‘‘(E) Any issue as to which review is or was ob18 tainable under paragraph (6) and this paragraph

19 shall not be the subject of judicial review under any

20 other provision of law.

21 ‘‘(e) ACTION ON ADMINISTRATOR’S OWN INITIA22 TIVE.—

23 ‘‘(1) GENERAL RULE.—The Administrator may

24 issue a regulation—
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1 ‘‘(A) establishing, modifying, or revoking a

2 tolerance for a pesticide chemical or a pesticide

3 chemical residue,

4 ‘‘(B) establishing or revoking an exemption

5 of a pesticide chemical residue from the require6 ment of a tolerance, or

7 ‘‘(C) establishing general procedures and

8 requirements to implement this section.

9 A regulation issued under this paragraph shall be10 come effective upon its publication.

11 ‘‘(2) NOTICE.—Before issuing a final regulation

12 under paragraph (1), the Administrator shall issue

13 a notice of proposed rulemaking and provide a pe14 riod of not less than 60 days for public comment on

15 the proposed regulation, except that a shorter period

16 for comment may be provided if the Administrator

17 for good cause finds that it would be contrary to the

18 public interest to do so and states the reasons for

19 the finding in the notice of proposed rulemaking.

20 The Administrator shall provide an opportunity for

21 a public hearing during the rulemaking under proce22 dures provided in subsection (d)(6)(B).

23 ‘‘(f) SPECIAL DATA REQUIREMENTS.—

24 ‘‘(1) REQUIRING SUBMISSION OF ADDITIONAL

25 DATA.—If the Administrator determines that addi-
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1 tional data or information are reasonably required to

2 support the continuation of a tolerance or exemption

3 that is in effect under this section for a pesticide

4 chemical residue on a food, the Administrator

5 shall—

6 ‘‘(A) issue a notice requiring the persons

7 holding the pesticide registrations associated

8 with such tolerance or exemption to submit the

9 data or information under section 3(c)(2)(B) of

10 the Federal Insecticide, Fungicide, and

11 Rodenticide Act,

12 ‘‘(B) issue a rule requiring that testing be

13 conducted on a substance or mixture under sec14 tion 4 of the Toxic Substances Control Act, or

15 ‘‘(C) publish in the Federal Register, after

16 first providing notice and an opportunity for

17 comment of not less than 90 days’ duration, an

18 order—

19 ‘‘(i) requiring the submission to the

20 Administrator by one or more interested

21 persons of a notice identifying the person

22 or persons who will submit the required

23 data and information,

24 ‘‘(ii) describing the type of data and

25 information required to be submitted to
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1 the Administrator and stating why the

2 data and information could not be obtained

3 under the authority of section 3(c)(2)(B)

4 of the Federal Insecticide, Fungicide, and

5 Rodenticide Act or section 4 of the Toxic

6 Substances Control Act,

7 ‘‘(iii) describing the reports to the Ad8 ministrator required to be prepared during

9 and after the collection of the data and in10 formation,

11 ‘‘(iv) requiring the submission to the

12 Administrator of the data, information,

13 and reports referred to in clauses (ii) and

14 (iii), and

15 ‘‘(v) establishing dates by which the

16 submissions described in clauses (i) and

17 (iv) must be made.

18 The Administrator may revise any such order to cor19 rect an error.

20 ‘‘(2) NONCOMPLIANCE.—If a submission re21 quired by a notice issued in accordance with para22 graph (1)(A) or an order issued under paragraph

23 (1)(B) is not made by the time specified in such no24 tice or order, the Administrator may by order pub-
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1 lished in the Federal Register modify or revoke the

2 tolerance or exemption in question.

3 ‘‘(3) REVIEW.—An order issued under this sub4 section shall be effective upon publication and shall

5 be subject to review in accordance with paragraphs

6 (6) and (7) of subsection (d).

7 ‘‘(g) CONFIDENTIALITY AND USE OF DATA.—

8 ‘‘(1) GENERAL RULE.—Data and information

9 that are submitted to the Administrator under this

10 section in support of a tolerance shall be entitled to

11 confidential treatment for reasons of business con12 fidentiality and to exclusive use and data compensa13 tion, to the same extent provided by sections 3 and

14 10 of the Federal Insecticide, Fungicide and

15 Rodenticide Act.

16 ‘‘(2) EXCEPTIONS.—Data that are entitled to

17 confidential treatment under paragraph (1) may

18 nonetheless be disclosed to the Congress of the Unit19 ed States, and may be disclosed, under such security

20 requirements as the Administrator may provide by

21 regulation, to—

22 ‘‘(A) employees of the United States au23 thorized by the Administrator to examine such

24 data in the carrying out of their official duties
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1 under this Act or other Federal statutes in2 tended to protect the public health, or

3 ‘‘(B) contractors with the United States

4 authorized by the Administrator to examine

5 such data in the carrying out of contracts under

6 such statutes.

7 ‘‘(3) SUMMARIES.—Notwithstanding any provi8 sion of this subsection or other law, the Adminis9 trator may publish the informative summary re10 quired by subsection (d)(2)(A)(i) and may, in issu11 ing a proposed or final regulation or order under

12 this section, publish an informative summary of the

13 data relating to the regulation or order.

14 ‘‘(h) STATUS OF PREVIOUSLY ISSUED REGULA15 TIONS.—

16 ‘‘(1) REGULATIONS UNDER SECTION 406.—Reg17 ulations affecting pesticide chemical residues in or

18 on raw agricultural commodities promulgated, in ac19 cordance with section 701(e), under the authority of

20 section 406(a) upon the basis of public hearings in21 stituted before January 1, 1953, shall be deemed to

22 be regulations issued under this section and shall be

23 subject to modification or revocation under sub24 sections (d) and (e).
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1 ‘‘(2) REGULATIONS UNDER SECTION 409.—Reg2 ulations that established tolerances for substances

3 that are pesticide chemical residues on or in proc4 essed food, or that otherwise stated the conditions

5 under which such pesticide chemicals could be safely

6 used, and that were issued under section 409 on or

7 before the date of the enactment of this paragraph,

8 shall be deemed to be regulations issued under this

9 section and shall be subject to modification or rev10 ocation under subsection (d) or (e).

11 ‘‘(3) REGULATIONS UNDER SECTION 408.—Reg12 ulations that established tolerances or exemptions

13 under this section that were issued on or before the

14 date of the enactment of this paragraph shall remain

15 in effect unless modified or revoked under subsection

16 (d) or (e).

17 ‘‘(i) TRANSITIONAL PROVISION.—If, on the day be18 fore the date of the enactment of this subsection, a sub19 stance that is a pesticide chemical was, with respect to

20 a particular pesticidal use of the substance and any result21 ing pesticide chemical residue in or on a particular food—

22 ‘‘(1) regarded by the Administrator or the Sec23 retary as generally recognized as safe for use within

24 the meaning of the provisions of section 408(a) or

25 201(s) as then in effect, or
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1 ‘‘(2) regarded by the Secretary as a substance

2 described by section 201(s)(4),

3 such a pesticide chemical residue shall be regarded as ex4 empt from the requirement for a tolerance, as of the date

5 of enactment of this subsection. The Administrator shall

6 by regulation indicate which substances are described by

7 this subsection. An exemption under this subsection may

8 be revoked or modified as if it had been issued under sub9 section (c).

10 ‘‘(j) HARMONIZATION WITH ACTION UNDER OTHER

11 LAWS.—

12 ‘‘(1) LIMITATION.—Notwithstanding any other

13 provision of this Act, a final rule under this section

14 that revokes, modifies, or suspends a tolerance or

15 exemption for a pesticide chemical residue in or on

16 a food may be issued only if the Administrator has

17 first taken any necessary action under the Federal

18 Insecticide, Fungicide, and Rodenticide Act with re19 spect to the registration of the pesticide(s) whose

20 use results in such residue to ensure that any au21 thorized use of the pesticide in producing, storing,

22 processing, or transporting food that occurs after

23 the issuance of such final rule under this section will

24 not result in pesticide chemical residues on such
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1 food that are unsafe within the meaning of sub2 section (a).

3 ‘‘(2) REVOCATION OF TOLERANCE OR EXEMP4 TION FOLLOWING CANCELLATION OF ASSOCIATED

5 REGISTRATIONS.—If the Administrator, acting under

6 the Federal Insecticide, Fungicide, and Rodenticide

7 Act, cancels the registration of each pesticide that

8 contains a particular pesticide chemical and that is

9 labeled for use on a particular food, or requires that

10 the registration of each such pesticide be modified to

11 prohibit its use in connection with the production,

12 storage, or transportation of such food, due in whole

13 or in part to dietary risks to humans posed by resi14 dues of that pesticide chemical on that food, the Ad15 ministrator shall revoke any tolerance or exemption

16 that allows the presence of the pesticide chemical, or

17 any pesticide chemical residue that results from its

18 use, in or on that food. The Administrator shall use

19 the procedures set forth in subsection (e) in taking

20 action under this paragraph. A revocation under this

21 paragraph shall become effective not later than 180

22 days after—

23 ‘‘(A) the date by which each such cancella24 tion of a registration has become effective, or
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1 ‘‘(B) the date on which the use of the can2 celed pesticide becomes unlawful under the

3 terms of the cancellation, whichever is later.

4 ‘‘(3) SUSPENSION OF TOLERANCE OR EXEMP5 TION FOLLOWING SUSPENSION OF ASSOCIATED REG6 ISTRATIONS.—

7 ‘‘(A) SUSPENSION.—If the Administrator,

8 acting under the Federal Insecticide, Fungicide,

9 and Rodenticide Act, suspends the use of each

10 registered pesticide that contains a particular

11 pesticide chemical and that is labeled for use on

12 a particular food, due in whole or in part to die13 tary risks to humans posed by residues of that

14 pesticide chemical on that food, the Adminis15 trator shall suspend any tolerance or exemption

16 that allows the presence of the pesticide chemi17 cal, or any pesticide chemical residue that re18 sults from its use, in or on that food. The Ad19 ministrator shall use the procedures set forth in

20 subsection (e) in taking action under this para21 graph. A suspension under this paragraph shall

22 become effective not later than 60 days after

23 the date by which each such suspension of use

24 has become effective.
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1 ‘‘(B) EFFECT OF SUSPENSION.—The sus2 pension of a tolerance or exemption under sub3 paragraph (A) shall be effective as long as the

4 use of each associated registration of a pesticide

5 is suspended under the Federal Insecticide,

6 Fungicide, and Rodenticide Act. While a sus7 pension of a tolerance or exemption is effective

8 the tolerance or exemption shall not be consid9 ered to be in effect. If the suspension of use of

10 the pesticide under that Act is terminated, leav11 ing the registration of the pesticide for such use

12 in effect under that Act, the Administrator

13 shall rescind any associated suspension of a tol14 erance or exemption.

15 ‘‘(4) TOLERANCES FOR UNAVOIDABLE RESI16 DUES.—In connection with action taken under para17 graph (2) or (3), or with respect to pesticides whose

18 registrations were canceled prior to the effective date

19 of this paragraph, if the Administrator determines

20 that a residue of the canceled or suspended pesticide

21 chemical will unavoidably persist in the environment

22 and thereby be present in or on a food, the Adminis23 trator may establish a tolerance for the pesticide

24 chemical residue at a level that permits such un25 avoidable residue to remain in such food. In estab-
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1 lishing such a tolerance, the Administrator shall

2 take into account the factors set forth in subsection

3 (b)(2)(A)(iii) and shall use the procedures set forth

4 in subsection (e). The Administrator shall review

5 any such tolerance periodically and modify it as nec6 essary so that it allows only that level of the pes7 ticide chemical residue that is unavoidable.

8 ‘‘(5) PESTICIDE RESIDUES RESULTING FROM

9 LAWFUL APPLICATION OF PESTICIDE.—Notwith10 standing any other provision of this Act, if a toler11 ance or exemption for a pesticide chemical residue in

12 or on a food has been revoked, suspended, or modi13 fied under this section, an article of that food shall

14 not be deemed unsafe solely because of the presence

15 of such pesticide chemical residue in or on such food

16 if it is shown to the satisfaction of the Secretary

17 that—

18 ‘‘(A) the residue is present as the result of

19 an application or use of a pesticide at a time

20 and in a manner that was lawful under the

21 Federal Insecticide, Fungicide, and Rodenticide

22 Act; and

23 ‘‘(B) the residue does not exceed a level

24 that was authorized at the time of that applica25 tion or use to be present on the food under a
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1 tolerance, exemption, food additive regulation,

2 or other sanction then in effect under this Act;

3 unless, in the case of any tolerance or exemption re4 voked, suspended, or modified under this subsection

5 or subsection (d) or (e), the Administrator has is6 sued a determination that consumption of the legally

7 treated food during the period of its likely availabil8 ity in commerce will pose an unreasonable dietary

9 risk.

10 ‘‘(k) FEES.—The Administrator shall by regulation

11 require the payment of such fees as will in the aggregate,

12 in the judgment of the Administrator, be sufficient over

13 a reasonable term to provide, equip, and maintain an ade14 quate service for the performance of the Administrator’s

15 functions under this section. Under the regulations, the

16 performance of the Administrator’s services or other func17 tions under this section, including—

18 ‘‘(1) the acceptance for filing of a petition sub19 mitted under subsection (d),

20 ‘‘(2) the promulgation of a regulation establish21 ing, modifying, or revoking a tolerance or establish22 ing or revoking an exemption from the requirement

23 of a tolerance under this section,

24 ‘‘(3) the acceptance for filing of objections

25 under subsection (d)(6), or
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1 ‘‘(4) the certification and filing in court of a

2 transcript of the proceedings and the record under

3 subsection (d)(7),

4 may be conditioned upon the payment of such fees. The

5 regulations may further provide for waiver or refund of

6 fees in whole or in part when in the judgment of the Ad7 ministrator such a waiver or refund is equitable and not

8 contrary to the purposes of this subsection.

9 ‘‘(l) NATIONAL UNIFORMITY OF TOLERANCES.—

10 ‘‘(1) QUALIFYING PESTICIDE CHEMICAL RESI11 DUE.—For purposes of this subsection, the term

12 ‘qualifying pesticide chemical residue’ means a pes13 ticide chemical residue resulting from the use, in

14 production, processing, or storage of a food, of a

15 pesticide chemical that is an active ingredient and

16 that—

17 ‘‘(A) was first approved for such use in a

18 registration of a pesticide issued under section

19 3(c)(5) of the Federal Insecticide, Fungicide,

20 Rodenticide Act on or after April 25, 1985, on

21 the basis of data determined by the Adminis22 trator to meet all applicable requirements for

23 data prescribed by regulations in effect under

24 that Act on April 25, 1985; or
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1 ‘‘(B) was approved for such use in a rereg2 istration eligibility determination issued under

3 section 4(g) of that Act on or after the date of

4 enactment of the Food Quality Protection Act

5 of 1993.

6 ‘‘(2) QUALIFYING FEDERAL DETERMINATION.—

7 For purposes of this subsection, the term ‘qualifying

8 Federal determination’ means—

9 ‘‘(A) a tolerance or exemption from the re10 quirement for a tolerance for a qualifying pes11 ticide chemical residue that was—

12 ‘‘(i) issued under this section after the

13 date of enactment of the Food Quality

14 Protection Act of 1993;

15 ‘‘(ii) issued (or, pursuant to sub16 section (h) or (i), deemed to have been is17 sued) under this section, and determined

18 by the Administrator to meet the standard

19 under subsection (b)(2) (in the case of a

20 tolerance) or (c)(2) (in the case of an ex21 emption); and

22 ‘‘(B) any statement, issued by the Sec23 retary, of the residue level below which enforce24 ment action will not be taken under this Act

25 with respect to any qualifying pesticide chemi-
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1 cal residue, if the Secretary finds that such pes2 ticide chemical residue level permitted by such

3 statement during the period to which such

4 statement applies protects human health.

5 ‘‘(3) LIMITATION.—The Administrator may

6 make the determination described in paragraph

7 (2)(A)(ii) only by issuing a rule in accordance with

8 the procedure set forth in subsection (d) or (e) and

9 only if the Administrator issues a proposed rule and

10 allows a period of not less than 30 days for comment

11 on the proposed rule. Any such rule shall be

12 reviewable in accordance with subsections (d)(6) and

13 (d)(7).

14 ‘‘(4) STATE AUTHORITY.—Except as provided

15 in paragraph (5), no State or political subdivision

16 may establish or enforce any regulatory limit on a

17 qualifying pesticide chemical residue in or on any

18 food if a qualifying Federal determination applies to

19 the presence of such pesticide chemical residue in or

20 on such food, unless such State regulatory limit is

21 identical to such qualifying Federal determination. A

22 State or political subdivision shall be deemed to es23 tablish or enforce a regulatory limit on a pesticide

24 chemical residue in or on food if it purports to pro25 hibit or penalize the production, processing, ship-
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1 ping, or other handling of a food because it contains

2 a pesticide residue (in excess of a prescribed limit),

3 or if it purports to require that a food containing a

4 pesticide residue be the subject of a warning or

5 other statement relating to the presence of the pes6 ticide residue in the food.

7 ‘‘(5) PETITION PROCEDURE.—

8 ‘‘(A) Any State may petition the Adminis9 trator for authorization to establish in such

10 State a regulatory limit on a qualifying pes11 ticide chemical residue in or on any food that

12 is not identical to the qualifying Federal deter13 mination applicable to such qualifying pesticide

14 chemical residue.

15 ‘‘(B) Any petition under subparagraph (A)

16 shall—

17 ‘‘(i) satisfy any requirements pre18 scribed, by rule, by the Administrator; and

19 ‘‘(ii) be supported by scientific data

20 about the pesticide chemical residue that is

21 the subject of the petition or about chemi22 cally related pesticide chemical residues,

23 data on the consumption within such State

24 of food bearing the pesticide chemical resi25 due, and data on exposure of humans with-
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1 in such State to the pesticide chemical res2 idue.

3 ‘‘(C) Subject to paragraph (6), the Admin4 istrator may, by order, grant the authorization

5 described in subparagraph (A) if the Adminis6 trator determines that the proposed State regu7 latory limit—

8 ‘‘(i) is justified by compelling local

9 conditions;

10 ‘‘(ii) would not unduly burden inter11 state commerce; and

12 ‘‘(iii) would not cause any food to be

13 in violation of Federal law.

14 ‘‘(D) In lieu of any action authorized

15 under subparagraph (C), the Administrator

16 may treat a petition under this paragraph as a

17 petition under subsection (d) to revoke or mod18 ify a tolerance or to revoke an exemption. If the

19 Administrator determines to treat a petition

20 under this paragraph as a petition under sub21 section (d), the Administrator shall thereafter

22 act on the petition pursuant to subsection (d).

23 ‘‘(E) Any order of the Administrator

24 granting or denying the authorization described

25 in subparagraph (A) shall be subject to review
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1 in the manner described in subsections (d)(6)

2 and (d)(7).

3 ‘‘(6) RESIDUES FROM LAWFUL APPLICATION.—

4 No State or political subdivision may enforce any

5 regulatory limit on the level of a pesticide chemical

6 residue that may appear in or on any food if, at the

7 time of the application of the pesticide that resulted

8 in such residue, the sale of such food with such resi9 due level was lawful under this Act and under the

10 law of such State, unless the State demonstrates

11 that consumption of the food containing such pes12 ticide residue level during the period of the food’s

13 likely availability in the State will pose an unreason14 able dietary risk to the health of persons within such

15 State.’’.

16 SEC. 306. AUTHORIZATION FOR INCREASE MONITORING.

17 There is authorized to be appropriated an additional

18 $12,000,000 for increased monitoring by the Secretary of

19 Health and Human Services of pesticide residues in im20 ported and domestic food.

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