104TH CONGRESS
2D SESSION
H. R. 1627
AN ACT
To amend the Federal Insecticide, Fungicide, and
Rodenticide Act and the Federal Food, Drug,
and Cosmetic Act, and for other purposes.
104TH CONGRESS
2D SESSION
H. R. 1627
AN ACT
To 
amend 
the 
Federal 
Insecticide, 
Fungicide, 
and
Rodenticide Act and the Federal Food, Drug, and Cos-
metic Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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