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