of this Act, or the Federal Food, Drug, and
Cosmetic Act,, or has failed to exercise ade-
quate controls of one or more Canadian pes-
ticides registered under this subsection, the Ad-
ministrator may suspend the authority of the
State to register Canadian pesticides under this
subsection until such time as the Administrator
determines that the State can and will exercise
adequate control of the Canadian pesticides.
‘‘(B) NOTICE AND OPPORTUNITY TO RE-
SPOND.—Before suspending the authority of a
State to register a Canadian pesticide, the Ad-
ministrator shall—
‘‘(i) advise the State that the Admin-
istrator proposes to suspend the authority
and the reasons for the proposed suspen-
sion; and
‘‘(ii) before taking final action to sus-
pend under this subsection, the Adminis-
trator shall provide the State an oppor-
tunity to respond to the proposal to sus-
pend within 30 calendar days of the
State’s receipt of the Administrator’s pro-
posal to suspend.
‘‘(9) TORT LIABILITY.—
‘‘(A) STATE AS REGISTERING AGENCY.—
No action for monetary damages may be main-
tained in any Federal court against a State act-
ing as a registering agency under the authority
of and consistent with this section for injury or
damage resulting from the use of a product reg-
istered by the State pursuant to this subsection.
‘‘(B) REGISTRANT.—Actions in tort may
not be maintained in any Federal court against
a registrant for damages resulting from adulter-
ation or compositional alterations of the reg-
istrants product registered under this sub-
section if the registrant did not and could not
reasonably have knowledge of the adulteration
or compositional alterations.
‘‘(10) DISCLOSURE OF INFORMATION BY AD-
MINISTRATOR TO THE STATE.—The Administrator
may disclose to a State that is seeking to register a
Canadian pesticide in the State information that is
necessary for the State to make the determinations
required by paragraph (4) if the State certifies to
the Administrator that the State can and will main-
tain the confidentiality of any trade secrets or com-
mercial or financial information provided by the Ad-
ministrator to the State under this subsection to the
same extent as is required under section 10 of this
Act.
‘‘(11) PROVISION
OF
INFORMATION
BY
REG-
ISTRANTS
OF
COMPARABLE
DOMESTIC
PES-
TICIDES.—Upon request, the registrant of a com-
parable domestic pesticide shall provide to a State
that is seeking to register a Canadian pesticide in
the State pursuant to this subsection information
that is necessary for the State to make the deter-
minations required by section 24(d)(4) of this Act if
the State certifies to the registrant that the State
can and will maintain the confidentiality of any
trade secrets or commercial or financial information
provided by the registrant to the State under this
subsection to the same extent as is required under
section 10 of this Act. If the registrant of a com-
parable domestic pesticide fails to provide to the
State, within 15 days of its receipt of a written re-
quest by the State, information possessed by or rea-
sonably accessible to the registrant that is necessary
to make the determinations required by paragraph
(4), the Administrator may assess a penalty against
the registrant of the comparable pesticide based on
the Administrator’s estimate of the difference be-
tween the per-acre cost of the application of the
comparable domestic pesticide and the application of
the Canadian pesticide multiplied by the acreage in
the State of the commodity for which the State reg-
istration is sought. No penalty under this subsection
shall be assessed unless the registrant assessed shall
have been given notice and opportunity for a hearing
as provided by section 14(a)(3) of this Act. The only
matters for resolution at that hearing will be wheth-
er the registrant of the comparable domestic pes-
ticide failed to timely provide to the State the infor-
mation possessed by or reasonably accessible to the
registrant that was necessary to make the deter-
minations required by paragraph (4) and the
amount of the penalty.
‘‘(12) PENALTY
FOR
DISCLOSURE
BY
STATE
EMPLOYEE.—The State shall not make public infor-
mation obtained under paragraphs (10) and (11) of
this subsection that is privileged and confidential
and contains or relates to trade secrets or commer-
cial or financial information. Any State employee
who has willfully disclosed information described in
this paragraph shall be subject to penalties pre-
scribed in section 10(f) of this Act.
‘‘(13) DATA COMPENSATION.—A State or per-
son registering a Canadian pesticide under this sub-
section shall not be liable for compensation for data
supporting such registration if the registration of
the Canadian pesticide in Canada and the registra-
tion of the comparable domestic pesticide are held by
the same registrant or by affiliated entities.
‘‘(14) FORMULATION CHANGE.—The registrant
of a comparable domestic pesticide must notify the
Administrator of any change in the formulation of a
comparable domestic pesticide or a Canadian pes-
ticide registered by such registrant or its affiliate at
least 30 days prior to any sale or distribution of the
pesticide containing the new formulation. The reg-
istrant of the comparable domestic pesticide must
submit, with its notice to the Administrator pursu-
ant to this paragraph, the confidential statement of
formula for the new formulation if the registrant has
possession of or reasonable access to such informa-
tion. If the registrant fails to provide notice or sub-
mit a confidential statement of formula as required
by this paragraph, the Administrator may issue a
notice of intent to suspend the registration of the
comparable domestic pesticide for a period of no less
than one year. Suspension shall become final within
30 days of the Administrator’s issuance of the notice
of intent to suspend, unless during that time the
registrant requests a hearing. If a hearing is re-
quested, a hearing shall be conducted under section
6(d) of this Act. The only matter for resolution at
that hearing will be whether the registrant has failed
to provide notice or submit a confidential statement
of formula as required by this paragraph.’’.
(b) CONFORMING AMENDMENT.—Section 24(c)(4) is
amended in the first sentence by striking ‘‘If the Adminis-
trator’’ and inserting the following: ‘‘Except as otherwise
provided in section 24(d)(8), if the Adminstrator’’.
Æ