I
107TH CONGRESS
1ST SESSION
H. R. 1084
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit
a State to register a Canadian pesticide for distribution and use within
that State.
IN THE HOUSE OF REPRESENTATIVES
MARCH 15, 2001
Mr. POMEROY (for himself, Mr. BALDACCI, and Mr. MCHUGH) 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 a State to register a Canadian
pesticide for distribution and use within that State.
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 BY
STATES.
(a) IN GENERAL.—Section 24 of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is
amended by adding at the end the following:
‘‘(d) REGISTRATION OF CANADIAN PESTICIDES BY
STATES.—
‘‘(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 section 3
of this Act; and
‘‘(iii) is registered in Canada by the
registrant of the comparable domestic pes-
ticide or 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 section 3
of this Act;
‘‘(ii) the registration of which is not
under suspension;
‘‘(iii) that is not subject to a notice of
intent to cancel or suspend, a notice for
voluntary cancellation under section 6(f) of
this Act, or an enforcement action under
this Act;
‘‘(iv) that is used as the basis for
comparison for the determinations required
under section 24(d)(4) of this Act;
‘‘(v) that is registered for use on the
site(s) 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 section 3(c)(8) of this Act;
‘‘(vii) that is not subject to sales limi-
tations or production caps agreed upon be-
tween the Administrator and the registrant
or imposed by the Administrator for risk
mitigation purposes; and
‘‘(viii) that is not classified as a re-
stricted use pesticide under section 3(d) of
this Act.
‘‘(2) AUTHORITY TO REGISTER CANADIAN PES-
TICIDES.—
‘‘(A) IN GENERAL.—A State may register
a Canadian pesticide for distribution and use
only within the State if the registration com-
plies with this subsection, is consistent with the
purposes of this Act, and has not previously
been denied or disapproved by the Adminis-
trator. A pesticide registered under this sub-
section shall not be used to produce a pesticide
to be registered under section 3 or section 24(c)
of this Act.
‘‘(B) EFFECT OF REGISTRATION.—A reg-
istration of a Canadian pesticide by a State
under this subsection shall be deemed a reg-
istration under section 3 for all purposes of this
Act, but shall authorize distribution and use
only within such State.
‘‘(C) REGISTRANT.—Any person or State
may seek registration of a Canadian pesticide
pursuant to this subsection. Such person or
State shall be deemed the registrant of the Ca-
nadian pesticide under this Act.
‘‘(3) 
REQUIREMENTS
FOR
REGISTRATION
SOUGHT BY PERSON.—A person seeking registration
from a State of a Canadian pesticide under this sub-
section must—
‘‘(A) demonstrate to the State that the Ca-
nadian pesticide is identical or substantially
similar in its composition to a comparable do-
mestic pesticide; and
‘‘(B) submit to the State a copy of the
label approved by the Pest Management Regu-
latory Agency for the Canadian pesticide and
the label approved by the Administrator for the
comparable domestic pesticide.
‘‘(4) STATE
REQUIREMENTS
FOR
REGISTRA-
TION.—A State may register a Canadian pesticide
under this subsection only if it—
‘‘(A) has obtained the confidential state-
ment of formula for the Canadian pesticide;
‘‘(B) determines that the Canadian pes-
ticide is identical or substantially similar in its
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 submissions made under
subparagraph (D);
‘‘(D) has obtained a label approved by the
Administrator, that—
‘‘(i) duplicates all statements, exclud-
ing the establishment number, from the
approved labeling of the comparable do-
mestic pesticide that are relevant to the
uses registered by the State and deletes all
labeling statements relating to uses not
registered by the State;
‘‘(ii) identifies the state in which the
product may be used;
‘‘(iii) prohibits sale and use outside
the state identified in clause (ii);
‘‘(iv) includes a statement indicating
that it is unlawful to use the Canadian
pesticide in the State in a manner that is
inconsistent with the labeling approved by
the Administrator pursuant to this sub-
section; and
‘‘(v) identifies the establishment num-
ber of the establishment in which the label-
ing approved by the Administrator will be
affixed to the containers of the Canadian
pesticide; and
‘‘(E) notifies, within 10 working days after
the State’s issuance of a registration under this
subsection, the Administrator in writing of the
State’s action, which notification shall include a
statement of the determination made under this
paragraph, the effective date of the registration,
a confidential statement of formula, and a final
printed copy of the labeling approved by the
Administrator.
‘‘(5) DISAPPROVAL OF REGISTRATION BY AD-
MINISTRATOR.—A registration issued by a State
under this subsection shall not be effective for more
than 90 days if disapproved by the Administrator
within that period. The Administrator may dis-
approve the registration of a Canadian pesticide by
a State pursuant to this subsection if the Adminis-
trator determines that the registration of the Cana-
dian pesticide by the State does not comply with this
subsection or the Federal Food, Drug, and Cosmetic
Act, or is inconsistent with the purposes of this Act.
‘‘(6) LABELING OF CANADIAN PESTICIDES.—
‘‘(A) CONTAINERS.—Each container con-
taining a Canadian pesticide registered by a
State shall at all times bear the label that is ap-
proved by the Administrator. The label must be
securely attached to the container and must be
the only label visible on the container. The
original Canadian label on the container must
be preserved underneath the label approved by
the Administrator.
‘‘(B) AFFIXING
LABELS.—After a Cana-
dian pesticide is registered under this sub-
section, the registrant shall prepare labels ap-
proved by the Administrator for such Canadian
pesticide and shall conduct or supervise all la-
beling of the Canadian pesticides with the ap-
proved labeling. Labeling of the Canadian pes-
ticides pursuant to this subsection must be con-
ducted at an establishment registered by the
registrant pursuant to section 7 of this Act.
‘‘(C) ESTABLISHMENT
REPORTING
RE-
QUIREMENTS.—Establishments registered for
the sole purpose of labeling required under sec-
tion 24(d)(6) of this Act are exempt from the
reporting requirements provided in section 7(c)
of this Act.
‘‘(7) REVOCATION.—At any time after the reg-
istration of a Canadian pesticide, if the Adminis-
trator finds that the Canadian pesticide is not iden-
tical or substantially similar in composition to a
comparable domestic pesticide, the Administrator
may issue an emergency order revoking the registra-
tion of the Canadian pesticide. Such order shall be
immediately effective and may prohibit sale, dis-
tribution and use of the Canadian pesticide. Such
order may also prescribe terms of a requirement for
the registrant of any such Canadian pesticide to
purchase and dispose of any unopened product sub-
ject to a revocation order. The registrant of a prod-
uct subject to a revocation order may request a
hearing on such order within 10 days of the issuance
of such order. If no hearing is requested within the
prescribed period, the order shall become final and
shall not be subject to judicial review. If a hearing
is requested, judicial review may be sought only at
the conclusion of the hearing and following the
issuance by the Agency of a final revocation order.
A final revocation order issued following a hearing
shall be reviewable in accordance with section 16 of
this Act.
‘‘(8) SUSPENSION
OF
STATE
AUTHORITY
TO
REGISTER CANADIAN PESTICIDES.—
‘‘(A) IN GENERAL.—If the Administrator
finds that a State that has registered 1 or more
Canadian pesticides under this subsection is not
capable of exercising adequate controls to en-
sure that registration under this subsection is
consistent with this subsection, other provisions
of this Act, or the Federal Food, Drug, and
Cosmetic Act, or has failed to exercise adequate
controls of one or more Canadian pesticides
registered under this subsection, the Adminis-
trator may suspend the authority of the State
to register Canadian pesticides under this sub-
section until such time as the Administrator de-
termines that the State can and will exercise
adequate control of the Canadian pesticides.
‘‘(B) NOTICE AND OPPORTUNITY TO RE-
SPOND.—Before suspending the authority of a
State to register a Canadian pesticide, the Ad-
ministrator shall—
‘‘(i) advise the State that the Admin-
istrator proposes to suspend the authority
and the reasons for the proposed suspen-
sion; and
‘‘(ii) before taking final action to sus-
pend under this subsection, the Adminis-
trator shall provide the State an oppor-
tunity to respond to the proposal to sus-
pend within 30 calendar days of the
State’s receipt of the Administrator’s pro-
posal to suspend.
‘‘(9) TORT LIABILITY.—
‘‘(A) STATE AS REGISTERING AGENCY.—
No action for monetary damages may be main-
tained in any Federal court against a State act-
ing as a registering agency under the authority
of and consistent with this section for injury or
damage resulting from the use of a product reg-
istered by the State pursuant to this subsection.
‘‘(B) REGISTRANT.—Actions in tort may
not be maintained in any Federal court against
a registrant for damages resulting from adulter-
ation or compositional alterations of the reg-
istrants product registered under this sub-
section if the registrant did not and could not
reasonably have knowledge of the adulteration
or compositional alterations.
‘‘(10) DISCLOSURE OF INFORMATION BY AD-
MINISTRATOR TO THE STATE.—The Administrator
may disclose to a State that is seeking to register a
Canadian pesticide in the State information that is
necessary for the State to make the determinations
required by paragraph (4) if the State certifies to
the Administrator that the State can and will main-
tain the confidentiality of any trade secrets or com-
mercial or financial information provided by the Ad-
ministrator to the State under this subsection to the
comparable domestic pesticide and the application of
the Canadian pesticide multiplied by the acreage in
the State of the commodity for which the State reg-
istration is sought. No penalty under this subsection
shall be assessed unless the registrant assessed shall
have been given notice and opportunity for a hearing
as provided by section 14(a)(3) of this Act. The only
matters for resolution at that hearing will be wheth-
er the registrant of the comparable domestic pes-
ticide failed to timely provide to the State the infor-
mation possessed by or reasonably accessible to the
registrant that was necessary to make the deter-
minations required by paragraph (4) and the
amount of the penalty.
‘‘(12) PENALTY
FOR
DISCLOSURE
BY
STATE
EMPLOYEE.—The State shall not make public infor-
mation obtained under paragraphs (10) and (11) of
this subsection that is privileged and confidential
and contains or relates to trade secrets or commer-
cial or financial information. Any State employee
who has willfully disclosed information described in
this paragraph shall be subject to penalties pre-
scribed in section 10(f) of this Act.
‘‘(13) DATA COMPENSATION.—A State or per-
son registering a Canadian pesticide under this sub-
registrant requests a hearing. If a hearing is re-
quested, a hearing shall be conducted under section
6(d) of this Act. The only matter for resolution at
that hearing will be whether the registrant has failed
to provide notice or submit a confidential statement
of formula as required by this paragraph.’’.
(b) CONFORMING AMENDMENT.—Section 24(c)(4) is
amended in the first sentence by striking ‘‘If the Adminis-
trator’’ and inserting the following: ‘‘Except as otherwise
provided in section 24(d)(8), if the Adminstrator’’.
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