I 
108TH CONGRESS 
1ST SESSION H. R. 3319
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit 
the Administrator of the Environmental Protection Agency to register 
a Canadian pesticide. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 16, 2003
Mr. REHBERG (for himself, Mr. POMEROY, Mr. CASE, Mr. GREEN of Wis-
consin, Mr. PAUL, Mr. SHERWOOD, and Mr. JANKLOW) introduced the 
following bill; which was referred to the Committee on Agriculture 
A BILL 
To 
amend 
the 
Federal 
Insecticide, 
Fungicide, 
and 
Rodenticide Act to permit the Administrator of the Envi-
ronmental Protection Agency to register a Canadian pes-
ticide.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REGISTRATION OF CANADIAN PESTICIDES. 
(a) IN GENERAL.—Section 3 of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 136a) is 
amended by adding at the end the following: 
‘‘(i) REGISTRATION OF CANADIAN PESTICIDES.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) CANADIAN
PESTICIDE.—The term 
‘Canadian pesticide’ means a pesticide that—
‘‘(i) is registered for use as a pesticide 
in Canada; 
‘‘(ii) is identical or substantially simi-
lar in its composition to a comparable do-
mestic pesticide registered under this sec-
tion; and 
‘‘(iii) is registered in Canada by the 
registrant of the comparable domestic pes-
ticide or by an affiliated entity of the reg-
istrant. 
‘‘(B) 
COMPARABLE
DOMESTIC
PES-
TICIDE.—The term ‘comparable domestic pes-
ticide’ means a pesticide—
‘‘(i) that is registered under this sec-
tion; 
‘‘(ii) the registration of which is not 
under suspension; 
‘‘(iii) that is not subject to—
‘‘(I) a notice of intent to cancel 
or suspend under any provision of this 
Act; 
‘‘(II) a notice for voluntary can-
cellation under section 6(f); or
‘‘(III) an enforcement action 
under any provision of this Act; 
‘‘(iv) that is used as the basis for 
comparison for the determinations required 
under paragraph (4); 
‘‘(v) that is registered for use on each 
site of application for which registration is 
sought under this subsection; 
‘‘(vi) for which no use is the subject 
of a pending interim administrative review 
under subsection (c)(8); 
‘‘(vii) that is not subject to any limita-
tion on production or sale agreed to by the 
Administrator and the registrant or im-
posed by the Administrator for risk mitiga-
tion purposes; and 
‘‘(viii) that is not classified as a re-
stricted use pesticide under subsection (d). 
‘‘(2) AUTHORITY TO REGISTER CANADIAN PES-
TICIDES.—
‘‘(A) IN
GENERAL.—The Administrator 
may register a Canadian pesticide if the reg-
istration—
‘‘(i) complies with this subsection; 
‘‘(ii) is consistent with this Act; and
‘‘(iii) has not previously been dis-
approved by the Administrator. 
‘‘(B) PRODUCTION
OF
ANOTHER
PES-
TICIDE.—A pesticide registered under this sub-
section shall not be used to produce a pesticide 
registered under this section or section 24(c). 
‘‘(C) REGISTRANT.—
‘‘(i) IN GENERAL.—The Administrator 
may register a Canadian pesticide under 
this subsection on the application of any 
person. 
‘‘(ii) APPLICATION.—If the Adminis-
trator registers a Canadian pesticide under 
this subsection on application of any per-
son, the applicant shall be considered to be 
the registrant of the Canadian pesticide for 
all purposes of this Act. 
‘‘(D) ADMINISTRATOR.—Not later than 60 
days after a person submits a complete applica-
tion for the registration of a Canadian pesticide 
under this subsection, the Administrator shall—
‘‘(i) approve the application; or 
‘‘(ii)(I) disapprove the application; 
and
‘‘(II) provide the applicant with a 
statement of the reasons for the dis-
approval. 
‘‘(E) DELEGATION.—
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the Administrator may delegate a 
function of the Administrator under this 
subsection. 
‘‘(ii) APPROVAL.—The Administrator 
shall approve or disapprove any final ac-
tion taken under this subsection as the re-
sult of a function delegated to a State. 
‘‘(3) APPLICANT
REQUIREMENTS.—A person 
seeking registration of a Canadian pesticide under 
this subsection shall—
‘‘(A) demonstrate to the Administrator 
that the Canadian pesticide is identical or sub-
stantially similar in its composition to a com-
parable domestic pesticide; and
‘‘(B) submit to the Administrator a copy 
of—
‘‘(i) the label approved by the Pes-
ticide Management Regulatory Agency for 
the Canadian pesticide; and
‘‘(ii) the label approved by the Admin-
istrator for the comparable domestic pes-
ticide. 
‘‘(4) CRITERIA FOR REGISTRATION.—The Ad-
ministrator may register a Canadian pesticide under 
this subsection if the Administrator—
‘‘(A) obtains the confidential statement of 
formula for the Canadian pesticide; 
‘‘(B) determines that the Canadian pes-
ticide is identical or substantially similar in 
composition to a comparable domestic pesticide; 
‘‘(C) for each food or feed use authorized 
by the registration—
‘‘(i) determines that there exists an 
adequate tolerance or exemption under the 
Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) that permits the resi-
dues of the pesticide on the food or feed; 
and 
‘‘(ii) identifies the tolerances or ex-
emptions in the notification submitted 
under subparagraph (E); 
‘‘(D) obtains a label approved by the Ad-
ministrator that—
‘‘(i) includes all statements, other 
than the establishment number, from the 
approved labeling of the comparable do-
mestic pesticide that are relevant to the 
uses registered by the Administrator; and 
‘‘(ii) excludes all labeling statements 
relating to uses that are not registered by 
the Administrator; and 
‘‘(E) not later than 10 business days after 
the issuance of the registration, publish in the 
Federal Register a written notification of the 
action of the Administrator that includes—
‘‘(i) a description of the determination 
made under this paragraph; and 
‘‘(ii) a statement of the effective date 
of the registration; 
‘‘(5) LABELING OF CANADIAN PESTICIDES.—
‘‘(A) IN GENERAL.—Each container con-
taining a Canadian pesticide registered by the 
Administrator shall bear the label that is ap-
proved by the Administrator under this sub-
section. 
‘‘(B) DISPLAY OF LABEL.—The label shall 
be securely attached to the container and shall 
be the only label visible on the container.
‘‘(C) ORIGINAL
CANADIAN
LABEL.—The 
original Canadian label on the container shall 
be preserved underneath the label approved by 
the Administrator. 
‘‘(D) PREPARATION
AND
USE
OF
LA-
BELS.—After a Canadian pesticide is registered 
under this subsection, the registrant shall—
‘‘(i) prepare labels approved by the 
Administrator for the Canadian pesticide; 
and 
‘‘(ii) conduct or supervise all labeling 
of the Canadian pesticide with the ap-
proved labeling. 
‘‘(E) REGISTERED
ESTABLISHMENTS.—
Labeling of a Canadian pesticide under this 
subsection shall be conducted at an establish-
ment registered by the registrant under section 
7. 
‘‘(6) REVOCATION.—
‘‘(A) IN GENERAL.—After the registration 
of a Canadian pesticide, if the Administrator 
finds that the Canadian pesticide is not iden-
tical or substantially similar in composition to 
a comparable domestic pesticide, the Adminis-
trator may issue an emergency order revoking 
the registration of the Canadian pesticide. 
‘‘(B) TERMS OF ORDER.—The order—
‘‘(i) shall be effective immediately; 
‘‘(ii) may prohibit the sale, distribu-
tion, and use of the Canadian pesticide in 
a State; and 
‘‘(iii) may require the registrant of the 
Canadian pesticide to purchase and dispose 
of any unopened product subject to the 
order.
‘‘(C) REQUEST FOR HEARING.—Not later 
than 10 days after issuance of the order, the 
registrant of the Canadian pesticide subject to 
the order may request a hearing on the order. 
‘‘(D) FINAL ORDER.—If a hearing is not 
requested in accordance with subparagraph (C), 
the order shall become final and shall not be 
subject to judicial review. 
‘‘(E) JUDICIAL REVIEW.—If a hearing is 
requested on the order, judicial review may be 
sought only at the conclusion of the hearing on 
the order and following the issuance by the Ad-
ministrator of a final revocation order.
‘‘(F) PROCEDURE.—A final revocation 
order issued following a hearing shall be review-
able in accordance with section 16. 
‘‘(7) LIMITS
ON
LIABILITY.—No action for 
monetary damages may be heard in any Federal or 
State court against—
‘‘(A) the Administrator acting as a reg-
istering agency under the authority of and con-
sistent with this subsection for injury or dam-
age resulting from the use of a product reg-
istered by the Administrator under this sub-
section; or 
‘‘(B) a registrant for damages resulting 
from adulteration or compositional alteration of 
a Canadian pesticide registered under this sub-
section if the registrant did not have and could 
not reasonably have obtained knowledge of the 
adulteration or compositional alteration.
‘‘(8) PROVISION
OF
INFORMATION
BY
REG-
ISTRANTS
OF
COMPARABLE
DOMESTIC
PES-
TICIDES.—
‘‘(A) IN GENERAL.—On request by the Ad-
ministrator the registrant of a comparable do-
mestic pesticide shall provide to the Adminis-
trator that is seeking to register a Canadian
pesticide under this subsection information that 
is necessary for the Administrator to make the 
determinations required by paragraph (4). 
‘‘(B) PENALTY FOR NONCOMPLIANCE.—
‘‘(i) IN GENERAL.—If the registrant 
of a comparable domestic pesticide fails to 
provide to the Administrator, not later 
than 15 days after receipt of a written re-
quest by the Administrator, information 
possessed by or reasonably accessible to 
the registrant that is necessary to make 
the determinations required by paragraph 
(4), the Administrator may assess a pen-
alty against the registrant of the com-
parable pesticide. 
‘‘(ii) AMOUNT.—The amount of the 
penalty shall be equal to the product ob-
tained by multiplying—
‘‘(I) the difference between the 
per-acre cost of the application of the 
comparable domestic pesticide and the 
application of the Canadian pesticide, 
as determined by the Administrator; 
and
‘‘(II) the number of acres in the 
United States devoted to the com-
modity for which the registration is 
sought. 
‘‘(C) NOTICE
AND
OPPORTUNITY
FOR 
HEARING.—No penalty under this paragraph 
shall be assessed unless the registrant is given 
notice and opportunity for a hearing in accord-
ance with section 14(a)(3). 
‘‘(D) ISSUES
AT
HEARING.—The only 
issues for resolution at the hearing shall be—
‘‘(i) whether the registrant of the 
comparable domestic pesticide failed to 
timely provide to the Administrator the in-
formation possessed by or reasonably ac-
cessible to the registrant that was nec-
essary to make the determinations required 
by paragraph (4); and 
‘‘(ii) the amount of the penalty. 
‘‘(9) PENALTY FOR DISCLOSURE.—
‘‘(A) IN
GENERAL.—The Administrator 
shall not make public information obtained 
under paragraph (8) that is privileged and con-
fidential and contains or relates to trade secrets 
or commercial or financial information.
‘‘(B) DISCLOSURE.—Any employee of the 
Environmental Protection Agency who willfully 
discloses information described in subparagraph 
(A) shall be subject to penalties described in 
section 10(f). 
‘‘(10) DATA
COMPENSATION.—The Adminis-
trator and a person registering a Canadian pesticide 
under this subsection shall not be liable for com-
pensation for data supporting the registration if the 
registration of the Canadian pesticide in Canada and 
the registration of the comparable domestic pesticide 
are held by the same registrant or by affiliated enti-
ties. 
‘‘(11) FORMULATION CHANGES.—
‘‘(A) IN GENERAL.—The registrant of a 
comparable domestic pesticide shall notify the 
Administrator of any change in the formulation 
of a comparable domestic pesticide or a Cana-
dian pesticide registered by the registrant or an 
affiliated entity not later than 30 days before 
any sale or distribution of the pesticide con-
taining the new formulation. 
‘‘(B) STATEMENT OF FORMULA.—The reg-
istrant of the comparable domestic pesticide 
shall submit, with the notice required under
subparagraph (A), a confidential statement of 
the formula for the new formulation if the reg-
istrant has possession of or reasonable access to 
the information. 
‘‘(C) SUSPENSION OF REGISTRATION FOR 
NONCOMPLIANCE.—
‘‘(i) IN GENERAL.—If the registrant 
fails to provide notice or submit a con-
fidential statement of formula as required 
by this paragraph, the Administrator may 
issue a notice of intent to suspend the reg-
istration of the comparable domestic pes-
ticide for a period of not less than 1 year. 
‘‘(ii) EFFECTIVE DATE.—The suspen-
sion shall become final not later than the 
end of the 30-day period beginning on the 
date of the issuance by the Administrator 
of the notice of intent to suspend the reg-
istration, unless during the period the reg-
istrant requests a hearing. 
‘‘(iii) HEARING
PROCEDURE.—If a 
hearing is requested, the hearing shall be 
conducted in accordance with section 6(d). 
‘‘(iv) ISSUES.—The only issues for 
resolution at the hearing shall be whether
the registrant has failed to provide notice 
or submit a confidential statement of for-
mula as required by this paragraph.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of contents in section 1(b) of the Federal Insec-
ticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 
121) is amended by adding at the end of the items relating 
to section 3 the following:
‘‘(4) Mixtures of nitrogen stabilizers and fertilizer products. 
‘‘(g) Registration review. 
‘‘(h) Registration requirements for antimicrobial pesticides. 
‘‘(1) Evaluation of process. 
‘‘(2) Review time period reduction goal. 
‘‘(3) Implementation. 
‘‘(4) Annual report. 
‘‘(i) Registration of Canadian pesticides. 
‘‘(1) Definitions. 
‘‘(2) Authority to register Canadian pesticides. 
‘‘(3) Applicant requirements. 
‘‘(4) Criteria for registration. 
‘‘(5) Labeling of Canadian pesticides. 
‘‘(6) Revocation. 
‘‘(7) Limits on liability. 
‘‘(8) Provision of information by registrants of comparable domestic 
pesticides. 
‘‘(9) Penalty for disclosure. 
‘‘(10) Data compensation. 
‘‘(11) Formulation changes.’’.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect 180 days after the 
date of enactment of this Act.
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