I
104TH CONGRESS
1ST SESSION
H. R. 53
To amend the Federal Insecticide, Fungicide, and Rodenticide Act with
respect to public health pesticides.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. DOOLEY (for himself, Mr. EMERSON, and Mr. HERGER) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Public Health Pesticides Protection Act of 1995’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion 
of 
the 
Federal 
Insecticide, 
Fungicide, 
and
Rodenticide Act.
SEC. 2. DEFINITIONS.
(a) ADVERSE EFFECTS.—Section 2(bb) (7 U.S.C.
136(bb)) is amended by adding at the end the following:
‘‘The Administrator shall consider the risks and benefits
of public health pesticides separate from the risks and
benefits of other pesticides. In weighing any regulatory ac-
tion concerning a public health pesticide under this Act,
the Administrator shall weigh any risks of the pesticide
against the health risks such as the diseases transmitted
by the vector to be controlled by the pesticide.’’.
(b) NEW DEFINITIONS.—Section 2 (7 U.S.C. 136)
is amended by adding at the end the following:
‘‘(hh) MINOR USE.—The term ‘minor use’ means the
total anticipated small volume use of any pesticide product
against a particular pest or group of pests which, by itself,
would not economically justify a full, separate pesticide
registration. Wherever a minor use is designated in this
Act for agricultural crop production or agricultural uses,
such term includes any use intended to protect the public
from insects or other pests or the diseases which such
pests may transmit to man or domestic animals.
‘‘(ii) PUBLIC HEALTH PESTICIDE.—The term ‘public
health pesticide’ means any minor use pesticide product
registered for use and used predominantly in public health
programs for vector control or for other recognized health
protection uses, including the prevention or mitigation of
viruses, bacteria, or other microorganisms (other than vi-
ruses, bacteria, or other microorganisms on or in living
man or other living animal) that pose a threat to public
health.
‘‘(jj) VECTOR.—The term ‘vector’ means any animal
capable of transmitting the causative agent of human dis-
ease or capable of producing human discomfort or injury,
including mosquitoes, flies, fleas, cockroaches, or other in-
sects and ticks, mites, or rats.’’.
SEC. 3. REGISTRATION.
Section 3(c)(2)(A) (7 U.S.C. 136a(c)(2)(A)) is
amended—
(1) by inserting after ‘‘pattern of use,’’ the fol-
lowing: ‘‘the public health and agricultural need for
such minor use,’’, and
(2) by striking out ‘‘potential exposure of man
and the environment to the pesticide’’ and inserting
in lieu thereof ‘‘potential beneficial or adverse effects
on man and the environment’’.
SEC. 4. REREGISTRATION.
Section 4 (7 U.S.C. 136a–1) is amended—
(1) in subsection (i)(4), by redesignating sub-
paragraphs (B) and (C) as subparagraphs (C) and
(D), respectively and by adding after subparagraph
(A) the following:
‘‘(B) Any pesticide defined as a public
health pesticide of which more than 50 percent
of its usage is devoted to the promotion of pub-
lic health shall be exempt from fees prescribed
by paragraph (3).’’;
(2) in subsection (i)(5), by redesignating sub-
paragraphs (F) and (G) as subparagraphs (G) and
(H), respectively, and by adding after subparagraph
(E) the following:
‘‘(F) An end use product that is registered
for a public health pesticide of which at least 50
percent of its usage is devoted to the promotion
of public health shall be exempt from the fees
prescribed by this paragraph.’’;
(3) in subsection (i)(7)(B), by striking out ‘‘or
to determine’’ and inserting in lieu thereof ‘‘, to de-
termine’’ and by inserting before the period the fol-
lowing: ‘‘, or to determine the volume usage for pub-
lic health pesticides’’; and
(4) in subsection (k)(3)(A), by striking out ‘‘or’’
at the end of clause (i), by striking the period at the