I 
115TH CONGRESS 
1ST SESSION H. R. 1891 
To amend the Plant Protection Act with respect to authorized uses of methyl 
bromide, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 4, 2017 
Mr. LAMALFA (for himself, Mr. COSTA, Mr. CRAWFORD, Mr. BOST, Mr. 
ROUZER, Mr. YOHO, Mr. THOMAS
J. ROONEY
of Florida, Mr. 
MOOLENAAR, Mr. LUCAS, and Mr. GOSAR) introduced the following bill; 
which was referred to the Committee on Agriculture 
A BILL 
To amend the Plant Protection Act with respect to 
authorized uses of methyl bromide, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe Agriculture Pro-
duction Act of 2017’’. 
SEC. 2. METHYL BROMIDE. 
Section 419 of the Plant Protection Act (7 U.S.C. 
7719) is amended to read as follows: 
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‘‘SEC. 419. METHYL BROMIDE. 
‘‘(a) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), a State, local, or tribal authority may au-
thorize the use of methyl bromide for a qualified use 
if the authority determines the use is required to re-
spond to an emergency event. The Secretary may 
authorize such a use if the Secretary determines 
such a use is required to respond to an emergency 
event. 
‘‘(2) NOTIFICATION.—Not later than 5 days 
after the date on which a State, local, or tribal au-
thority makes the determination described in para-
graph (1), the State, local, or tribal authority in-
tending to authorize the use of methyl bromide for 
a qualified use shall submit to the Secretary a notifi-
cation that contains the information described in 
subsection (b). 
‘‘(3) OBJECTION.—A State, local, or tribal au-
thority may not authorize the use of methyl bromide 
under paragraph (1) if the Secretary objects to such 
use under subsection (c) within the 5-day period 
specified in such subsection. 
‘‘(b) NOTIFICATION CONTENTS.—A notification sub-
mitted under subsection (a)(2) by a State, local, or tribal 
authority shall contain— 
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‘‘(1) a certification that the State, local, or trib-
al authority requires the use of methyl bromide to 
respond to an emergency event; 
‘‘(2) a description of the emergency event and 
the economic loss that would result from such emer-
gency event; 
‘‘(3) the identity and contact information for 
the responsible individual of the authority; and 
‘‘(4) with respect to the qualified use of methyl 
bromide that is the subject of the notification— 
‘‘(A) the specific location in which the 
methyl bromide is to be used and the total acre-
age of such location; 
‘‘(B) the identity of the pest or pests to be 
controlled by such use; 
‘‘(C) the total volume of methyl bromide to 
be used; and 
‘‘(D) the anticipated date of such use. 
‘‘(c) OBJECTION.— 
‘‘(1) IN
GENERAL.—The Secretary, not later 
than 5 days after the receipt of a notification sub-
mitted under paragraph (2) of subsection (a), may 
object to the authorization of the use of methyl bro-
mide under such subsection by a State, local, or trib-
al authority by sending the State, local, or tribal au-
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thority a notification in writing of such objection 
that— 
‘‘(A) states the reasons for such objection; 
and 
‘‘(B) specifies any additional information 
that the Secretary would require to withdraw 
the objection. 
‘‘(2) REASONS FOR OBJECTION.—The Secretary 
may object to an authorization described in para-
graph (1) if the Secretary determines that— 
‘‘(A) the notification submitted under sub-
section (a)(2) does not— 
‘‘(i) contain all of the information 
specified in paragraphs (1) through (4) of 
subsection (b); or 
‘‘(ii) demonstrate the existence of an 
emergency event; or 
‘‘(B) the qualified use specified in the noti-
fication does not comply with the limitations 
specified in subsection (e). 
‘‘(3) WITHDRAWAL OF OBJECTION.—The Sec-
retary shall withdraw an objection under this sub-
section if— 
‘‘(A) not later than 14 days after the date 
on which the Secretary sends the notification 
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‘‘(1) LIMITATIONS
ON
USE
PER
EMERGENCY 
EVENT.—The amount of methyl bromide that may 
be used per emergency event at a specific location 
shall not exceed 20 metric tons. 
‘‘(2) LIMITS
ON
AGGREGATE
AMOUNT.—The 
aggregate amount of methyl bromide allowed pursu-
ant to this section for use in the United States in 
a calendar year shall not exceed the total amount 
authorized by the Parties to the Montreal Protocol 
pursuant to the Montreal Protocol process for crit-
ical uses in the United States in calendar year 2011. 
‘‘(f) ENSURING ADEQUATE SUPPLY
OF METHYL 
BROMIDE.—Notwithstanding any other provision of law, 
it shall not be unlawful for any person or entity to produce 
or import methyl bromide, or otherwise supply methyl bro-
mide from inventories (produced or imported pursuant to 
the Clean Air Act for other purposes) in response to an 
emergency event in accordance with subsection (a). 
‘‘(g) EXCLUSIVE AUTHORITY OF THE SECRETARY.— 
The Secretary shall have the exclusive Federal authority 
with respect to determining which species are considered 
quarantine pests (as defined in section 319.37–1 of title 
7, Code of Federal Regulations, as in effect on the date 
of the enactment of the Safe Agriculture Production Act 
of 2017). 
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‘‘(h) DEFINITIONS.— 
‘‘(1) EMERGENCY
EVENT.—The term ‘emer-
gency event’ means a situation— 
‘‘(A) that occurs at a location on which a 
plant or commodity is grown or produced or a 
facility providing for the storage of, or other 
services with respect to, a plant or commodity; 
‘‘(B) for which the lack of availability of 
methyl bromide for a particular use would re-
sult in significant economic loss to the owner, 
lessee, or operator of such a location or facility 
or the owner, grower, or purchaser of such a 
plant or commodity; and 
‘‘(C) that, in light of the specific agricul-
tural, meteorological, or other conditions pre-
sented, requires the use of methyl bromide to 
control a pest or disease in such location or fa-
cility because there are no technically or eco-
nomically feasible alternatives to methyl bro-
mide easily accessible by an entity referred to 
in subparagraph (B) at the time and location of 
the event that— 
‘‘(i) are registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act 
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(7 U.S.C. 136 et seq.) for the intended use 
or pest to be so controlled; and 
‘‘(ii) would adequately control the pest 
or disease presented at such location or fa-
cility. 
‘‘(2) PEST.—The term ‘pest’ has the meaning 
given such term in section 2 of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 
136). 
‘‘(3) QUALIFIED USE.—The term ‘qualified use’ 
means, with respect to methyl bromide, a methyl 
bromide treatment or application in an amount not 
to exceed the limitations specified in subsection (e) 
in response to an emergency event.’’. 
Æ 
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