SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Food Quality Protec-
tion Act of 1996’’.
TITLE I—SUSPENSION-
APPLICATORS
SEC. 101. REFERENCE.
Whenever in this title an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a sec-
tion or other provision, the reference shall be considered
to be made to a section or other provision of the Federal
Insecticide, Fungicide, and Rodenticide Act.
Subtitle A—Suspension
SEC. 102. SUSPENSION.
(a) SECTION 6(c)(1).—The second sentence of sec-
tion 6(c)(1) (7 U.S.C. 136d(c)(1)) is amended to read:
‘‘Except as provided in paragraph (3), no order of suspen-
sion may be issued under this subsection unless the Ad-
ministrator has issued, or at the same time issues, a notice
of intention to cancel the registration or change the classi-
fication of the pesticide under subsection (b).’’.
(b) SECTION 6(c)(3).—Section 6(c)(3) (7 U.S.C.
136d(c)(3)) is amended—
(1) by inserting after the first sentence the fol-
lowing new sentence: ‘‘The Administrator may issue
an emergency order under this paragraph before is-
suing a notice of intention to cancel the registration
or change the classification of the pesticide under
subsection (b) and the Administrator shall proceed
to issue the notice under subsection (b) within 90
days of issuing an emergency order. If the Adminis-
trator does not issue a notice under subsection (b)
within 90 days of issuing an emergency order, the
emergency order shall expire.’’; and
(2) by striking ‘‘In that case’’ and inserting ‘‘In
the case of an emergency order’’.
SEC. 103. TOLERANCE REEVALUATION AS PART OF REREG-
ISTRATION.
Section 4(g)(2) (7 U.S.C. 136a–1(g)(2)) is amended
by adding at the end the following:
‘‘(E) As soon as the Administrator has
sufficient information with respect to the die-
tary risk of a particular active ingredient, but
in any event no later than the time the Admin-
istrator makes a determination under subpara-
graph (C) or (D) with respect to pesticides con-
taining a particular active ingredient, the Ad-
ministrator shall—
‘‘(i) reassess each associated tolerance
and exemption from the requirement for a
tolerance issued under section 408 of the
Federal Food, Drug, and Cosmetic Act (21
U.S.C. 346a);
‘‘(ii) determine whether such tolerance
or exemption meets the requirements of
that Act;
‘‘(iii) determine whether additional
tolerances or exemptions should be issued;
‘‘(iv) publish in the Federal Register a
notice setting forth the determinations
made under this subparagraph; and
‘‘(v) commence promptly such pro-
ceedings under this Act and section 408 of
the Federal Food, Drug, and Cosmetic Act
as are warranted by such determinations.’’.
SEC. 104. SCIENTIFIC ADVISORY PANEL.
Section 25(d) (7 U.S.C. 136w(d)) is amended—
(1) in the first sentence, by striking ‘‘The Ad-
ministrator shall’’ and inserting:
‘‘(1) IN GENERAL.—The Administrator shall’’;
and
(2) by adding at the end the following:
‘‘(2) SCIENCE REVIEW BOARD.—There is estab-
lished a Science Review Board to consist of 60 sci-
entists who shall be available to the Scientific Advi-
sory Panel to assist in reviews conducted by the
Panel. Members of the Board shall be selected in the
same manner as members of temporary subpanels
created under paragraph (1). Members of the Board
shall be compensated in the same manner as mem-
bers of the Panel.’’.
SEC. 105. NITROGEN STABILIZER.
(a) SECTION 2.—Section 2 (7 U.S.C. 136) is amend-
ed—
(1) in subsection (a)—
(A) in paragraph (1) by striking ‘‘or’’ after
‘‘defoliant,’’ and inserting ‘‘, or nitrogen sta-
bilizer’’ after ‘‘desiccant’’;
(B) at the end of paragraph (3) by striking
‘‘and’’;
(C) at the end of paragraph (4) by striking
the period and inserting ‘‘; and’’; and
(D) at the end by adding the following:
‘‘(5) in the case of a nitrogen stabilizer, an in-
gredient which will prevent or hinder the process of
nitrification, denitrification, ammonia volatilization,
or urease production through action affecting soil
bacteria.’’;
(2) in subsection (u), by striking ‘‘and’’ before
‘‘(2)’’ and by inserting ‘‘and (3) any nitrogen sta-
bilizer,’’ after ‘‘desiccant,’’; and
(3) at the end by adding the following:
‘‘(hh) NITROGEN STABILIZER.—The term ‘nitrogen
stabilizer’ means any substance or mixture of substances
intended for preventing or hindering the process of nitrifi-
cation, denitrification, ammonia volatilization, or urease
production through action upon soil bacteria. Such term
shall not include—
‘‘(1) dicyandiamide;
‘‘(2) ammonium thiosulfate; or
‘‘(3) any substance or mixture of substances.—
‘‘(A) that was not registered pursuant to
section 3 prior to January 1, 1992; and
‘‘(B) that was in commercial agronomic
use prior to January 1, 1992, with respect to
which after January 1, 1992, the distributor or
seller of the substance or mixture has made no
specific claim of prevention or hindering of the
process of nitrification, denitrification, ammonia
volatilization urease production regardless of
the actual use or purpose for, or future use or
purpose for, the substance or mixture.
Statements made in materials required to be submitted
to any State legislative or regulatory authority, or required
by such authority to be included in the labeling or other
literature accompanying any such substance or mixture
shall not be deemed a specific claim within the meaning
of this subsection.’’.
(b) SECTION 3(f).—Section 3(f) (7 U.S.C. 136a(f))
is amended by adding at the end the following:
‘‘(4) MIXTURES
OF
NITROGEN
STABILIZERS
AND FERTILIZER PRODUCTS.—Any mixture or other
combination of—
‘‘(A) 1 or more nitrogen stabilizers reg-
istered under this Act; and
‘‘(B) 1 or more fertilizer products,
shall not be subject to the provisions of this section
or sections 4, 5, 7, 15, and 17(a)(2) if the mixture
or other combination is accompanied by the labeling
required under this Act for the nitrogen stabilizer
contained in the mixture or other combination, the
mixture or combination is mixed or combined in ac-
cordance with such labeling, and the mixture or
combination does not contain any active ingredient
other than the nitrogen stabilizer.’’.
SEC. 106. PERIODIC REGISTRATION REVIEW.
(a) SECTION 6.—Section 6 (7 U.S.C. 136d) is
amended—
(1) in subsection (a), by striking the heading
and inserting the following:
‘‘(a) EXISTING STOCKS AND INFORMATION.—’’; and
(2) by amending paragraph (1) of subsection
(a) to read as follows:
‘‘(1) EXISTING
STOCKS.—The Administrator
may permit the continued sale and use of existing
stocks of a pesticide whose registration is suspended
or canceled under this section, or section 3 or 4, to
such extent, under such conditions, and for such
uses as the Administrator determines that such sale
or use is not inconsistent with the purposes of this
Act.’’.
(b) SECTION 3.—Section 3 (7 U.S.C. 136a) is
amended by adding at the end the following:
‘‘(g) REGISTRATION REVIEW.—
‘‘(1)(A) GENERAL RULE.—The registrations of
pesticides are to be periodically reviewed. The Ad-
ministrator shall by regulation establish a procedure
for accomplishing the periodic review of registra-
tions. The goal of these regulations shall be a review
of a pesticide’s registration every 15 years. No reg-
istration shall be canceled as a result of the registra-
tion review process unless the Administrator follows
the procedures and substantive requirements of sec-
tion 6.
‘‘(B) LIMITATION.—Nothing in this subsection
shall prohibit the Administrator from undertaking
any other review of a pesticide pursuant to this Act.
‘‘(2)(A) DATA.—The Administrator shall use
the authority in subsection (c)(2)(B) to require the
submission of data when such data are necessary for
a registration review.
‘‘(B) DATA SUBMISSION, COMPENSATION, AND
EXEMPTION.—For purposes of this subsection, the
provisions of subsections (c)(1), (c)(2)(B), and
(c)(2)(D) shall be utilized for and be applicable to
any data required for registration review.’’.
Subtitle B—Training for Mainte-
nance Applicators and Service
Technicians
SEC. 120. MAINTENANCE APPLICATORS AND SERVICE
TECHNICIANS DEFINITIONS.
Section 2 (7 U.S.C. 136), as amended by section 106,
is amended by adding at the end the following:
‘‘(jj) MAINTENANCE APPLICATOR.—The term ‘main-
tenance applicator’ means any individual who, in the prin-
cipal course of such individual’s employment, uses, or su-
pervises the use of, a pesticide not classified for restricted
use (other than a ready to use consumer products pes-
ticides); for the purpose of providing structural pest con-
trol or lawn pest control including janitors, general main-
tenance personnel, sanitation personnel, and grounds
maintenance personnel. The term ‘maintenance applicator’
does not include private applicators as defined in section
2(e)(2); individuals who use antimicrobial pesticides, sani-
tizers or disinfectants; individuals employed by Federal,
State, and local governments or any political subdivisions
thereof, or individuals who use pesticides not classified for
restricted use in or around their homes, boats, sod farms,
nurseries, greenhouses, or other noncommercial property.
‘‘(kk) SERVICE TECHNICIAN.—The term ‘service
technician’ means any individual who uses or supervises
the use of pesticides (other than a ready to use consumer
products pesticide) for the purpose of providing structural
pest control or lawn pest control on the property of an-
other for a fee. The term ‘service technician’ does not in-
clude individuals who use antimicrobial pesticides, sani-
tizers or disinfectants; or who otherwise apply ready to
use consumer products pesticides.’’.
SEC. 121. MINIMUM REQUIREMENTS FOR TRAINING OF
MAINTENANCE APPLICATORS AND SERVICE
TECHNICIANS.
The Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.) is amended—
(1) by redesignating sections 30 and 31 as sec-
tions 33 and 34, respectively; and
(2) by adding after section 29 the following:
‘‘SEC. 30. MINIMUM REQUIREMENTS FOR TRAINING OF
MAINTENANCE APPLICATORS AND SERVICE
TECHNICIANS.
‘‘Each State may establish minimum requirements
for training of maintenance applicators and service techni-
cians. Such training may include instruction in the safe
and effective handling and use of pesticides in accordance
with the Environmental Protection Agency approved label-
ing, and instruction in integrated pest management tech-
niques. The authority of the Administrator with respect
to minimum requirements for training of maintenance ap-
plicators and service technicians shall be limited to ensur-
ing that each State understands the provisions of this sec-
tion.’’.
TITLE II—MINOR USE CROP PRO-
TECTION, 
ANTIMICROBIAL
PESTICIDE 
REGISTRATION
REFORM, 
AND 
PUBLIC
HEALTH PESTICIDES
SEC. 201. REFERENCE.
Whenever in this title an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a sec-
tion or other provision, the reference shall be considered
to be made to a section or other provision of the Federal
Insecticide, Fungicide, and Rodenticide Act.
Subtitle A—Minor Use Crop
Protection
SEC. 210. MINOR CROP PROTECTION.
(a) DEFINITION.—Section 2 (7 U.S.C. 136), as
amended by section 120, is further amended by adding
at the end the following:
‘‘(ll) MINOR USE.—The term ‘minor use’ means the
use of a pesticide on an animal, on a commercial agricul-
tural crop or site, or for the protection of public health
where—
‘‘(1) the total United States acreage for the
crop is less than 300,000 acres, as determined by
the Secretary of Agriculture; or
‘‘(2) the Administrator, in consultation with the
Secretary of Agriculture, determines that, based on
information provided by an applicant for registration
or a registrant, the use does not provide sufficient
economic incentive to support the initial registration
or continuing registration of a pesticide for such use
and—
‘‘(A) there are insufficient efficacious alter-
native registered pesticides available for the
use;
‘‘(B) the alternatives to the pesticide use
pose greater risks to the environment or human
health;
‘‘(C) the minor use pesticide plays or will
play a significant part in managing pest resist-
ance; or
‘‘(D) the minor use pesticide plays or will
play a significant part in an integrated pest
management program.
The status as a minor use under this subsection shall con-
tinue as long as the Administrator has not determined
that, based on existing data, such use may cause an unrea-
sonable adverse effect on the environment and the use oth-
erwise qualifies for such status.’’.
(b) EXCLUSIVE USE OF MINOR USE PESTICIDES.—
Section 3(c)(1)(F) (7 U.S.C. 136a(c)(1)(F)) is amended—
(1) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively; and
(2) by inserting after clause (i) the following:
‘‘(ii) The period of exclusive data use
provided under clause (i) shall be extended
1 additional year for each 3 minor uses
registered after the date of enactment of
this clause and within 7 years of the com-
mencement of the exclusive use period, up
to a total of 3 additional years for all
minor uses registered by the Administrator
if the Administrator, in consultation with
the Secretary of Agriculture, determines
that, based on information provided by an
applicant for registration or a registrant,
that—
‘‘(I) there are insufficient effica-
cious alternative registered pesticides
available for the use;
‘‘(II) the alternatives to the
minor use pesticide pose greater risks
to the environment or human health;
‘‘(III) the minor use pesticide
plays or will play a significant part in
managing pest resistance; or
‘‘(IV) the minor use pesticide
plays or will play a significant part in
an integrated pest management pro-
gram.
The registration of a pesticide for a minor
use on a crop grouping established by the
Administrator shall be considered for pur-
poses of this clause 1 minor use for each
representative crop for which data are pro-
vided in the crop grouping. Any additional
exclusive use period under this clause shall
be modified as appropriate or terminated if
the registrant voluntarily cancels the prod-
uct or deletes from the registration the
minor uses which formed the basis for the
extension of the additional exclusive use
period or if the Administrator determines
that the registrant is not actually market-
ing the product for such minor uses.’’;
(3) in clause (iv), as amended by paragraph (1),
by striking ‘‘and (ii)’’ and inserting ‘‘, (ii), and
(iii)’’; and
(4) at the end of the section, as amended by
paragraph (1), by adding the following:
‘‘(v) The period of exclusive use pro-
vided under clause (ii) shall not take into
effect until 1 year after enactment of this
clause, except where an applicant or reg-
istrant is applying for the registration of a
pesticide containing an active ingredient
not previously registered.
‘‘(vi) With respect to data submitted
after the date of enactment of this clause
by an applicant or registrant to support an
amendment adding a new use to an exist-
ing registration that does not retain any
period of exclusive use, if such data relates
solely to a minor use of a pesticide, such
data shall not, without the written permis-
sion of the original data submitter, be con-
sidered by the Administrator to support an
application for a minor use by another per-
son during the period of 10 years following
the date of submission of such data. The
applicant or registrant at the time the new
minor use is requested shall notify the Ad-
ministrator that to the best of their knowl-
edge the exclusive use period for the pes-
ticide has expired and that the data per-
taining solely to the minor use of a pes-
ticide is eligible for the provisions of this
paragraph. If the minor use registration
which is supported by data submitted pur-
suant to this subsection is voluntarily can-
celed or if such data are subsequently used
to support a nonminor use, the data shall
no longer be subject to the exclusive use
provisions of this clause but shall instead
be considered by the Administrator in ac-
cordance with the provisions of clause (i),
as appropriate.’’.
(c) TIME
EXTENSIONS
FOR
DEVELOPMENT
OF
MINOR USE DATA.—
(1) DATA
CALL-IN.—Section 3(c)(2)(B) (7
U.S.C. 136a(c)(2)(B)) is amended by adding at the
end the following:
‘‘(vi) Upon the request of a registrant the
Administrator shall, in the case of a minor use,
extend the deadline for the production of resi-
due chemistry data under this subparagraph for
data required solely to support that minor use
until the final deadline for submission of data
under section 4 for the other uses of the pes-
ticide established as of the date of enactment of
the Food Quality Protection Act of 1996, if—
‘‘(I) the data to support other uses of
the pesticide on a food are being provided;
‘‘(II) the registrant, in submitting a
request for such an extension, provides a
schedule, including interim dates to meas-
ure progress, to assure that the data pro-
duction will be completed before the expi-
ration of the extension period;
‘‘(III) the Administrator has deter-
mined that such extension will not signifi-
cantly delay the Administrator’s schedule
for issuing a reregistration eligibility deter-
mination required under section 4; and
‘‘(IV) the Administrator has deter-
mined that based on existing data, such
extension would not significantly increase
the risk of any unreasonable adverse effect
on the environment. If the Administrator
grants an extension under this clause, the
Administrator shall monitor the develop-
ment of the data and shall ensure that the
registrant is meeting the schedule for the
production of the data. If the Adminis-
trator determines that the registrant is not
meeting or has not met the schedule for
the production of such data, the Adminis-
trator may proceed in accordance with
clause (iv) regarding the continued reg-
istration of the affected products with the
minor use and shall inform the public of
such action. Notwithstanding the provi-
sions of this clause, the Administrator may
take action to modify or revoke the exten-
sion under this clause if the Administrator
determines that the extension for the
minor use may cause an unreasonable ad-
verse effect on the environment. In such
circumstance, the Administrator shall pro-
vide, in writing to the registrant, a notice
revoking the extension of time for submis-
sion of data. Such data shall instead be
due in accordance with the date established
by the Administrator for the submission of
the data.’’.
(2) 
REREGISTRATION.—Sections 
4(d)(4)(B),
4(e)(2)(B), 
and 
4(f)(2)(B) 
(7 
U.S.C. 
136a–
1(d)(4)(B), (e)(2)(B), and (f)(2)(B)) are each
amended by adding at the end the following: ‘‘Upon
application of a registrant, the Administrator shall,
in the case of a minor use, extend the deadline for
the production of residue chemistry data under this
subparagraph for data required solely to support
that minor use until the final deadline for submis-
sion of data under this section for the other uses of
the pesticide established as of the date of enactment
of the Food Quality Protection Act of 1996 if—
‘‘(i) the data to support other uses of
the pesticide on a food are being provided;
‘‘(ii) the registrant, in submitting a
request for such an extension provides a
schedule, including interim dates to meas-
ure progress, to assure that the data pro-
duction will be completed before the expi-
ration of the extension period;
‘‘(iii) the Administrator has deter-
mined that such extension will not signifi-
cantly delay the Administrator’s schedule
for issuing a reregistration eligibility deter-
mination required under this section; and
‘‘(iv) the Administrator has deter-
mined that based on existing data, such
extension would not significantly increase
the risk of any unreasonable adverse effect
on the environment. If the Administrator
grants an extension under this subpara-
graph, the Administrator shall monitor the
development of the data and shall ensure
that the registrant is meeting the schedule
for the production of the data. If the Ad-
ministrator determines that the registrant
is not meeting or has not met the schedule