I
106TH CONGRESS
2D SESSION
H. R. 5187
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit
a State to register a Canadian pesticide for distribution and use within
that State.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 2000
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 to permit a State to register a Canadian
pesticide for distribution and use within that State.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REGISTRATION OF CANADIAN PESTICIDES BY
STATES.
(a) IN GENERAL.—Section 24 of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is
amended by adding at the end the following:
‘‘(d) REGISTRATION OF CANADIAN PESTICIDES BY
STATES.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) CANADIAN
PESTICIDE.—The term
‘Canadian pesticide’ means a pesticide that—
‘‘(i) is registered for use as a pesticide
in Canada;
‘‘(ii) is identical or substantially simi-
lar in its composition to a comparable do-
mestic pesticide registered under section 3
of this Act; and
‘‘(iii) is registered in Canada by the
registrant of the comparable domestic pes-
ticide or an affiliated entity of the reg-
istrant.
‘‘(B) 
COMPARABLE
DOMESTIC
PES-
TICIDE.—The term ‘comparable domestic pes-
ticide’ means a pesticide—
‘‘(i) that is registered under section 3
of this Act;
‘‘(ii) the registration of which is not
under suspension;
‘‘(iii) that is not subject to a notice of
intent to cancel or suspend, a notice for
voluntary cancellation under section 6(f) of
this Act, or an enforcement action under
this Act;
‘‘(iv) that is used as the basis for
comparison for the determinations required
under section 24(d)(4) of this Act;
‘‘(v) that is registered for use on the
site(s) of application for which registration
is sought under this subsection;
‘‘(vi) for which no use is the subject
of a pending interim administrative review
under section 3(c)(8) of this Act;
‘‘(vii) that is not subject to sales limi-
tations or production caps agreed upon be-
tween the Administrator and the registrant
or imposed by the Administrator for risk
mitigation purposes; and
‘‘(viii) that is not classified as a re-
stricted use pesticide under section 3(d) of
this Act.
‘‘(2) AUTHORITY TO REGISTER CANADIAN PES-
TICIDES.—
‘‘(A) IN GENERAL.—A State may register
a Canadian pesticide for distribution and use
only within the State if the registration com-
plies with this subsection, is consistent with the
purposes of this Act, and has not previously
been denied or disapproved by the Adminis-
trator. A pesticide registered under this sub-
section shall not be used to produce a pesticide
to be registered under section 3 or section 24(c)
of this Act.
‘‘(B) EFFECT OF REGISTRATION.—A reg-
istration of a Canadian pesticide by a State
under this subsection shall be deemed a reg-
istration under section 3 for all purposes of this
Act, but shall authorize distribution and use
only within such State.
‘‘(C) REGISTRANT.—Any person or State
may seek registration of a Canadian pesticide
pursuant to this subsection. Such person or
State shall be deemed the registrant of the Ca-
nadian pesticide under this Act.
‘‘(3) 
REQUIREMENTS
FOR
REGISTRATION
SOUGHT BY PERSON.—A person seeking registration
from a State of a Canadian pesticide under this sub-
section must—
‘‘(A) demonstrate to the State that the Ca-
nadian pesticide is identical or substantially
similar in its composition to a comparable do-
mestic pesticide; and
‘‘(B) submit to the State a copy of the
label approved by the Pest Management Regu-