I
104TH CONGRESS
1ST SESSION
H. R. 1352
To amend the Federal Insecticide, Fungicide, and Rodenticide Act with
respect to the minor use of a pesticide.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 1995
Mr. DE LA GARZA (for himself, Mr. ROBERTS, Mr. EMERSON, Mr. CONDIT,
Mr. STENHOLM, Mr. BOEHNER, Mrs. THURMAN, Mr. CANADY of Florida,
Mr. ROSE, Mr. EWING, Mr. DOOLEY, and Mr. POMEROY) 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 the minor use of a pesticide.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Minor Use Crop 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. MINOR CROP PROTECTION.
(a) DEFINITION.—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
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; 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; or
‘‘(B) the alternatives to the pesticide pose
greater risks to the environment or human
health; or
‘‘(C) the pesticide plays or will play, a sig-
nificant part in managing pest resistance; or
‘‘(D) the pesticide plays or will play a sig-
nificant part in an integrated pest management
program.
The status as a minor use under this subsection
shall continue as long as the Administrator has not
determined that, based on existing data, such use
may cause an unreasonable adverse effect on the en-
vironment and the use otherwise 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
by redesignating clauses (ii) and (iii) as clauses (iii) and
(iv), respectively, and by inserting after clause (i) the fol-
lowing:
‘‘(ii) The period of exclusive data use
for data submitted to support the applica-
tion for the original registration of a pes-
ticide under clause (i) shall be extended
one additional year for each 3 minor uses
registered after the date of enactment of
this clause and, before the expiration of
the period of exclusive use under this
clause, up to a total of 3 additional years
for all minor uses registered by the Admin-
istrator if the Administrator in consulta-
tion with the Secretary of Agriculture de-
termines that, based on information pro-
vided by an applicant for registration or a
registrant, that:
‘‘(I) there are insufficient effica-
cious alternative registered pesticides
available for the use; or
‘‘(II) the alternatives to the pes-
ticide pose greater risks to the envi-
ronment or human health; or
‘‘(III) the pesticide plays or will
play a significant part in managing
pest resistance; or
‘‘(IV) the pesticide plays or will
play a significant part in an inte-
grated pest management program.
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 one 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.’’.
(c) TIME
EXTENSIONS
FOR
DEVELOPMENT
OF
MINOR USE DATA.—
(1) DATA CALL-IN.—Subparagraph (B) of sec-
tion 3(c)(2) (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 pro-
duction of residue chemistry data under
this subparagraph for data are required
solely to support that minor use until the
final deadline for submission of data under
section 4 for the other uses of the pesticide
established as of the date of enactment of
the Minor Use Crop Protection Amend-
ments of 1995, if—
‘‘(I) the data to support other
uses of the pesticide on a food are
being provided;
‘‘(II) the registrant, in submit-
ting a request for such an extension,
provides a schedule, including interim
dates to measure progress, to assure
that the data production will be com-
pleted before the expiration of the ex-
tension period;
‘‘(III) the Administrator has de-
termined that such extension will not
significantly delay the Administrator’s
schedule for issuing a reregistration
eligibility 
determination 
required
under section 4; and
‘‘(IV) the Administrator has de-
termined in writing that based on ex-
isting data, such extension would not
significantly increase the risk of any
unreasonable adverse effect on the en-
vironment.
If the Administrator grants an extension
under this clause, 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 Administrator determines that
the registrant is not meeting or has not
met the schedule for the production of
such data, the Administrator may proceed
in accordance with clause (iv) regarding
the continued registration of the affected
products with the minor use and shall in-
form the public of such action. Notwith-
standing the provisions of this clause, the
Administrator may take action to modify
or revoke the extension under this clause if
the Administrator determines that the ex-
tension for the minor use may cause an
unreasonable adverse effect on the environ-
ment. In such circumstance, the Adminis-
trator shall provide, in writing to the reg-
istrant, a notice revoking the extension of
time for submission of data. Such data
shall instead be due in accordance with the
date than 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
the request 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 Minor Use Crop Protection Amendments of
1995 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 in writing that based on existing
data, such extension would not signifi-
cantly increase the risk of any unreason-
able adverse effect on the environment.
If the Administrator grants an extension under
this subparagraph, the Administrator shall
monitor the development of the data and shall
ensure that the registrant is meeting the sched-
ule for the production of the data. If the Ad-
ministrator determines that the registrant is
not meeting or has not met the schedule for the
production of such data, the Administrator may
proceed in accordance with clause (iv) of section
3(c)(2)(B) or other provisions of this section, as
appropriate, regarding the continued registra-
tion of the affected products with the minor use
and shall inform the public of such action. Not-
withstanding the provisions of this subpara-
graph, the Administrator may take action to
modify or revoke the extension under this sub-
paragraph if the Administrator determines that
the extension for the minor use may cause an
unreasonable adverse affect on the environment.
In such circumstance, the Administrator shall
provide, in writing to the registrant, a notice re-
voking the extension of time for submission of
data. Such data shall instead be due in accord-
ance with the date then established by the Ad-
ministrator for submission of the data.’’.
(d) MINOR USE WAIVER.—Section 3(c)(2) (7 U.S.C.
136a(c)(2)) is amended—
(1) by inserting ‘‘IN GENERAL.—’’ after ‘‘(A)’’,
by inserting ‘‘ADDITIONAL DATA.—’’ after ‘‘(B)’’,
and by inserting ‘‘SIMPLIFIED
PROCEDURES.—’’
after ‘‘(C)’’, and
(2) by adding at the end the following:
‘‘(E) MINOR
USE
WAIVER.—In handling
the registration of a pesticide for a minor use,
the Administrator may waive otherwise applica-
ble data requirements if the Administrator de-
termines that the absence of such data will not
prevent the Administrator from determining—
‘‘(i) the incremental risk presented by
the minor use of the pesticide, and
‘‘(ii) that such risk, if any, would not
be an unreasonable adverse effect on the
environment.’’.
(e) EXPEDITING MINOR USE REGISTRATIONS.—Sec-
tion 3(c)(3) (7 U.S.C. 136a(c)(3)) is amended—
(1) by inserting after ‘‘(A)’’ the following: ‘‘IN
GENERAL.—’’;
(2) by inserting after ‘‘(B)’’ the following:
‘‘IDENTICAL OR SUBSTANTIALLY SIMILAR.—’’; and
(3) by adding at the end the following:
‘‘(C) MINOR USE REGISTRATION.—
‘‘(i) The Administrator shall, as expe-
ditiously as possible, review and act on any
complete application—
‘‘(I) that proposes the initial reg-
istration of a new pesticide active in-
gredient if the active ingredient is
proposed to be registered solely for
minor uses, or proposes a registration
amendment solely for minor uses to
an existing registration, or
‘‘(II) for a registration or a reg-
istration amendment that proposes
significant minor uses.
‘‘(ii) For the purposes of clause (i)—
‘‘(I) the term ‘as expeditiously as
possible’ means that the Adminis-
trator shall to the greatest extent
practicable complete a review and
evaluation of all data, submitted with
a complete application, within 12
months after the submission of the
complete application, and the failure
of the Administrator to complete such
a review and evaluation under clause
(i) shall not be subject to judicial re-
view, and
‘‘(II) the term ‘significant minor
uses’ means 3 or more minor uses
proposed for every non-minor use, a
minor use that would, in the judgment
of the Administrator, serve as a re-
placement for any use which has been
canceled in the 5 years preceding the
receipt of the application, or a minor
use that in the opinion of the Admin-
istrator would avoid the reissuance of
an emergency exemption under section
18 for that minor use.
‘‘(D) ADEQUATE TIME FOR SUBMISSION OF
MINOR USE DATA.—If a registrant makes a re-
quest for a minor use waiver, regarding data re-
quired by the Administrator, pursuant to para-
graph (2)(E), and if the Administrator denies
in whole or in part such data waiver request,
the registrant shall have a full time period for
providing such data. For purposes of this sub-
paragraph, the term ‘full time period’ means
the time period originally established by the Ad-
ministrator for submission of such data, begin-
ning with the date of receipt by the registrant
of the Administrator’s notice of denial.’’.
(f) TEMPORARY EXTENSION OF REGISTRATION FOR
UNSUPPORTED MINOR USES.—
(1) REREGISTRATION.—
(A) Sections 4(d)(6) and 4(f)(3) (7 U.S.C.
136a–1(d)(6) and (f)(3)) are each amended by
adding at the end the following: ‘‘If the reg-
istrant does not commit to support a specific
minor use of the pesticide, but is supporting
and providing data in a timely and adequate
fashion to support uses of the pesticide on a
food, or if all uses of the pesticide are nonfood
uses and the registrant does not commit to sup-
port a specific minor use of the pesticide but is
supporting and providing data in a timely and
adequate fashion to support other nonfood uses
of the pesticide, the Administrator, at the writ-
ten request of the registrant, shall not take any
action pursuant to this paragraph in regard to
such unsupported minor use until the final
deadline established as of the date of enactment
of the Minor Use Crop Protection Amendments
of 1995, for the submission of data under this
section for the supported uses identified pursu-
ant to this paragraph unless the Administrator
determines that the absence of the data is sig-
nificant enough to cause human health or envi-
ronmental concerns. On such a determination
the Administrator may refuse the request for
extension by the registrant. Upon receipt of the
request from the registrant, the Administrator
shall publish in the Federal Register a notice of
the receipt of the request and the effective date
upon which the uses not being supported will be
voluntarily deleted from the registration pursu-
ant to section 6(f)(1). If the Administrator
grants an extension under this paragraph, the
Administrator shall monitor the development of
the data for the uses being supported and shall
ensure that the registrant is meeting the sched-
ule for the production of such data. If the Ad-
ministrator determines that the registrant is
not meeting or has not met the schedule for the
production of such data, the Administrator may
proceed in accordance with clause (iv) of section
3(c)(2)(B) regarding the continued registration
of the affected products with the minor and
other uses and shall inform the public of such
action in accordance with section 6(f)(2). Not-
withstanding the provision of this subpara-
graph, the Administrator may deny, modify, or
revoke the temporary extension under this para-
graph if the Administrator determines that the
continuation of the minor use may cause an un-
reasonable adverse effect on the environment.
In the event of modification or revocation the
Administrator shall provide, in writing, to the
registrant, a notice revoking the temporary ex-
tension and establish a new effective date by
which the minor use shall be deleted from the
registration.
(B) Section 4(e)(3)(A) (7 U.S.C. 136a–
(e)(3)(A)) is amended by adding at the end the
following: ‘‘If the registrant does not commit to
support a specific minor use of the pesticide,
but is supporting and providing data in a timely
and adequate fashion to support uses of the
pesticide on a food, or if all uses of the pes-
ticide are nonfood uses and the registrant does
not commit to support a specific minor use of
the pesticide but is supporting and providing
data in a timely and adequate fashion to sup-
port other nonfood uses of the pesticide, the
Administrator, at the written request of the
registrant, shall not take any action pursuant
to this subparagraph in regard to such unsup-
ported minor use until the final deadline estab-
lished as of the date of enactment of the Minor
Use Crop Protection Amendments of 1995, for
the submission of data under this section for
the supported uses identified pursuant to this
subparagraph unless the Administrator deter-
mines that the absence of the data is significant
enough to cause human health or environmental
concerns. On the basis of such determination
the Administrator may refuse the request for
extension by the registrant. Upon receipt of the
request from the registrant, the Administrator
shall publish in the Federal Register a notice
of the receipt of the request and the effective
date upon which the uses not being supported
will be voluntarily deleted from the registration
pursuant to section 6(f)(1). If the Adminis-
trator grants an extension under this subpara-
graph, the Administrator shall monitor the de-
velopment of the data for the uses being sup-
ported and shall ensure that the registrant is
meeting the schedule for the production of such
data. If the Administrator determines that the
registrant is not meeting or has not met the
schedule for the production of such data, the
Administrator may proceed in accordance with
clause (iv) of section 3(c)(2)(B) regarding the
continued registration of the affected products
with the minor and other uses and shall inform
the public of such action in accordance with
section 6(f)(2). Notwithstanding the provisions
of this subparagraph, the Administrator may
deny, modify, or revoke the temporary extension
under this subparagraph if the Administrator
determines that the continuation of the minor
use may cause an unreasonable adverse effect
on the environment. In the event of modifica-
tion or revocation, the Administrator shall pro-
vide, in writing, to the registrant, a notice re-
voking the temporary extension and establish a
new effective date by which the minor use shall
be deleted from the registration.
(2) 
DATA.—Section 
3(c)(2)(B) 
(7 
U.S.C.
136a(c)(2)(B)), as amended by subsection (c), is
further amended by adding at the end the following:
‘‘(vii) If the registrant does not com-
mit to support a specific minor use of the
pesticide, but is supporting and providing
data in a timely and adequate fashion to
support uses of the pesticide on a food, or
if all uses of the pesticide are nonfood uses
and the registrant does not commit to sup-
port a specific minor use of the pesticide
but is supporting and providing data in a
timely and adequate fashion to support
other nonfood uses of the pesticide, the
Administrator, at the written request of
the registrant, shall not take any action
pursuant to this clause in regard to such
unsupported minor use until the final
deadline established as of the date of en-
actment of the Minor Use Crop Protection
Amendments of 1995, for the submission
of data under section 4 for the supported
uses identified pursuant to this clause un-
less the Administrator determines that the
absence of the data is significant enough to
cause human health or environmental con-
cerns. On the basis of such determination,
the Administrator may refuse the request
for extension by the registrant. Upon re-
ceipt of the request from the registrant,
the Administrator shall publish in the Fed-
eral Register a notice of the receipt of the
request and the effective date upon which
the uses not being supported will be volun-
tarily deleted from the registration pursu-
ant to section 6(f)(1). If the Administrator
grants an extension under this clause, the
Administrator shall monitor the develop-
ment of the data for the uses being sup-
ported and shall ensure that the registrant
is meeting the schedule for the production
of such data. If the Administrator deter-
mines that the registrant is not meeting or
has not met the schedule for the produc-
tion of such data, the Administrator may
proceed in accordance with clause (iv) of
this subparagraph regarding the continued
registration of the affected products with
the minor and other uses and shall inform
the public of such action in accordance
with section 6(f)(2). Notwithstanding the
provisions of this clause, the Administrator
may deny, modify, or revoke the temporary
extension under this subparagraph if the
Administrator determines that the continu-
ation of the minor use may cause an un-
reasonable adverse effect on the environ-
ment. In the event of modification or rev-
ocation, the Administrator shall provide, in
writing, to the registrant, a notice revoking
the temporary extension and establish a
new effective date by which the minor use
shall be deleted from the registration.
(g) UTILIZATION OF DATA FOR VOLUNTARILY CAN-
CELED CHEMICALS.—Section 6(f) (7 U.S.C. 136d) is
amended by adding at the end the following:
‘‘(4) UTILIZATION OF DATA FOR VOLUNTARILY
CANCELED
CHEMICALS.—When an application is
filed with the Administrator for the registration of
a pesticide for a minor use and another registrant
subsequently voluntarily cancels its registration for
an identical or substantially similar pesticide for an
identical or substantially similar use, the Adminis-
trator shall process, review, and evaluate the pend-
ing application as if the voluntary cancellation had
not yet taken place, except that the Administrator
shall not take such action if the Administrator deter-
mines that such minor use may cause an unreason-
able adverse effect on the environment. In order to
rely on this paragraph, the applicant must certify
that it agrees to satisfy any outstanding data re-
quirements necessary to support the reregistration of
the pesticide in accordance with the data submission
schedule established by the Administrator.’’.
(h) ENVIRONMENTAL PROTECTION AGENCY MINOR
USE PROGRAM.—The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.) is amended by re-
designating sections 30 and 31 as sections 32 and 33, re-
spectively and adding after section 29 the following:
‘‘SEC. 30. ENVIRONMENTAL PROTECTION AGENCY MINOR
USE PROGRAM.
‘‘The Administrator shall assure coordination of
minor use issues through the establishment of a minor use
program within the Office of Pesticide Programs. Such of-
fice shall be responsible for coordinating the development
of minor use programs and policies and consulting with
growers regarding minor use issues and registrations and
amendments which are submitted to the Environmental
Protection Agency.’’.
(i) DEPARTMENT
OF AGRICULTURE MINOR USE
PROGRAM.—The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.), as amended by
subsection (h), is amended by adding after section 30 the
following:
‘‘SEC. 31. DEPARTMENT OF AGRICULTURE MINOR USE PRO-
GRAM.
‘‘(a) IN GENERAL.—The Secretary of Agriculture
(hereinafter in this section referred to as the ‘Secretary’)
shall ensure the coordination of the responsibilities of the
Department of Agriculture related to minor uses of pes-
ticides, including—
‘‘(1) carrying out the Inter-Regional Project
Number 4 (IR–4) as described in section 2(e) of the
Act entitled ‘An Act to facilitate the work of the De-
partment of Agriculture, and for other purposes’ (7
U.S.C. 4501(e)) and the national pesticide resistance
monitoring program established under section 1651
of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5882);
‘‘(2) supporting integrated pest management
research;
‘‘(3) consulting with growers to develop data for
minor uses; and
‘‘(4) providing assistance for minor use reg-
istrations, tolerances, and reregistrations with the
Environmental Protection Agency.
‘‘(b) MATCHING FUND PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary of Agri-
culture, in consultation with the Administrator, shall
establish and administer a minor use matching fund
program. The matching fund program shall be uti-
lized to ensure the continued availability of minor
use crop protection chemical, including the develop-
ment of data to support minor use pesticide registra-
tions and reregistrations. Access to the matching
fund program shall be available to any entity which
desires to develop data to support minor use reg-
istrations. Priority for access to the fund shall be
given those entities that do not directly receive funds
from the sale of products registered on minor uses.
Any entity that seeks such funding under this para-
graph shall be required to match such funds with an
equal amount of its own funds. Any data developed
through the matching fund program shall be jointly
owned by the Department of Agriculture and by the
entity that receives such funding. Any data devel-
oped under this subsection shall be subject to the
provisions of section 3(c)(1)(F). All compensation
received by the Department of Agriculture in return
for the use of such data under the matching fund
program shall be returned to a revolving fund which
will support the matching fund program.
‘‘(2) AUTHORIZATION.—There is authorized to
be appropriated for the revolving fund for the
matching fund program an annual sum not to ex-
ceed $10,000,000.’’.
Æ