I
103D CONGRESS
1ST SESSION
H. R. 967
To amend the Federal Insecticide, Fungicide, and Rodenticide Act with
respect to minor use pesticides.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 18, 1993
Mr. DE LA GARZA (for himself, Mr. ROBERTS, Mr. STENHOLM, Mr. SMITH
of Oregon, Mr. THOMAS of California, Mr. ROWLAND, Mr. INSLEE, Mr.
KOPETSKI, Mr. LEHMAN, Mr. FAZIO, Mr. DOOLEY, and Mr. CONDIT)
introduced the following bill; which was referred to the Committee on
Agriculture
JULY 9, 1993
Additional Sponsors: Mr. LAROCCO, Mr. HENRY, Mr. RAVENEL, Mr. STUMP,
Mr. PAXON, Mr. SWIFT, Mr. BARRETT of Nebraska, Mr. CAMP, Mr. AL-
LARD, Mr. UPTON, Mr. GEKAS, Mr. MCHUGH, Mr. LEWIS of Flordia, Mr.
LEWIS of California, Mr. GALLEGLY, Mr. BOEHNER, Mr. EMERSON, Mr.
DOOLITTLE, Mr. KINGSTON, Mr. GILLMOR, Mr. KANJORSKI, Mr.
MCDADE, Mr. HOLDEN, Mr. QUILLEN, Mr. HUGHES, Mr. KYL, Mr.
JOHNSON of South Dakota, Mr. ROTH, Mr. SMITH of Michigan, Mr.
ORTON, Mr. PACKARD, Mr. EWING, Mr. PASTOR, Mr. SPRATT, Mr.
POMEROY, Mr. BARCIA of Michigan, Ms. SLAUGHTER, Mr. NUSSLE, Mr.
BACCUS of Florida, Mr. BONILLA, Mr. HOEKSTRA, Mr. BLILEY, Mr.
SHAW, Mr. CRAPO, Mr. KOLBE, Mr. HOUGHTON, Mr. ENGLISH of Okla-
homa, Mr. CANADY, Mr. MCCANDLESS, Mr. DORNAN, Mr. BEREUTER,
Mr. SARPALIUS, Mr. MOORHEAD, Mr. SISISKY, Mr. POMBO, Mr. WALSH,
Mr. DICKEY, Mr. PETERSON of Minnesota, Mr. RIDGE, Mr. HANSEN, Mr.
WALKER, Mr. OLVER, Mr. DREIER, Mr. MATSUI, Mr. SANTORUM, Mr.
HERGER, Mr. BAKER of Louisiana, Mr. BISHOP, Mr. CLYBURN, Mr.
GUNDERSON, Mr. DARDEN, Mrs. THURMAN, Mr. TRAFICANT, Mrs.
FOWLER, Mr. BATEMAN, Mr. CALVERT, Mr. GILMAN, Mr. MCCOLLUM,
Ms. SNOWE, Mr. BEVILL, Mr. FIELDS of Texas, Mr. ANDREWS of New
Jersey, Mr. ZELIFF, Mr. JOHNSTON of Florida, Mr. BAKER of California,
Mr. JOHNSON of Georgia, Mr. CASTLE, Mr. GOODLING, and Mr.
STEARNS
A BILL
To amend the Federal Insecticide, Fungicide, and
Rodenticide Act with respect to minor use pesticides.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCE.
(A) SHORT TITLE.—This Act may be cited as the
‘‘Minor Crop Pesticides Act of 1993 ’’.
(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 USE OF PESTICIDES.
(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 agricultural crop or site, or for the pro-
tection of public health where—
‘‘(1) the Administrator, in consultation
with the Secretary of Agriculture, determines
that, based on information provided by an ap-
plicant, the use does not provide sufficient eco-
nomic incentive to support the initial registra-
tion or continuing registration of a pesticide for
such use; and
‘‘(2) the Administrator has not determined
that, based on existing data, such use presents
a risk of an unreasonable adverse effect on the
environment.’’.
(b) EXCLUSIVE DATA USE.—Section 3(c)(1)(F) (7
U.S.C. 136a(c)(1)(F)) is amended by redesignating clause
(iii) as clause (iv) and by inserting after clause (ii) the
following:
‘‘(iii) With respect to data submitted
after the date of the enactment of this
clause by an applicant or registrant to sup-
port an amendment adding a new use to
an existing registration, to support or
maintain in effect an existing registration,
to support a new application for registra-
tion, or to support a reregistration, if such
data relates solely to a minor use of a pes-
ticide, such data shall not, without the
written permission of the original data
submitter, be considered by the Adminis-
trator to support an application for a
minor use by another person during a pe-
riod of 10 years following the date of sub-
mission of such data. If the minor use reg-
istration which is supported by data sub-
mitted pursuant to this subsection is vol-
untarily canceled or if such data are subse-
quently used to support a non-minor use,
the data shall no longer be subject to the
exclusive use provisions of this clause but
shall instead be considered by the Adminis-
trator in accordance with the provisions of
clauses (i) or (ii), as appropriate.’’.
(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 production of resi-
due chemistry data under this subsection for
data required solely to support that minor use
until 2 years after the final deadline for submis-
sion of data for the other uses of the pesticide
if—
‘‘(I) the data to support other uses of
the pesticide 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 section 4; 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 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 de-
termines that the registrant is not meeting the
schedule for the production of such data, the
Administrator may proceed in accordance with
clause (iv) regarding the continued registration
of the minor use and shall inform the public of
such action. If, during the extension period, the
Administrator is furnished data which are suffi-
cient to determine that an unreasonable adverse
effect exists involving the minor use of the pes-
ticide, the Administrator shall provide, in writ-
ing, to the registrant, a notice revoking the ex-
tension of time for submission of data. Such
data shall instead be due within 30 days of re-
ceipt of such notice by the registrant. Nothing
in this clause shall preclude the Administrator
from proceeding in accordance with the provi-
sion of section 6.’’.
(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
subsection for data required solely to support that
minor use until 2 years after the final deadline for
submission of data for the other uses of the pesticide
if—
‘‘(i) the data to support other uses of
the pesticide 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 determines that the reg-
istrant is not meeting the schedule for the pro-
duction of such data, the Administrator may
proceed 
in 
accordance 
with 
section
3(c)(2)(B)(iv) regarding the continued registra-
tion of the minor use and shall inform the pub-
lic of such action. If, during the extension pe-
riod, the Administrator is furnished data which
are sufficient to determine that an unreasonable
adverse effect exists involving the minor use of
the pesticide, the Administrator shall provide,
in writing, to the registrant, a notice revoking
the extension of time for submission of data.
Such data shall instead be due within 30 days
of receipt of such notice by the registrant.
Nothing in this subparagraph shall preclude the
Administrator from proceeding in accordance
with the provisions of section 6.’’.
(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
application (I) that proposes the initial
registration of a new pesticide active ingre-
dient if the active ingredient is proposed to
be registered solely for minor uses or for
non-minor uses and significant minor uses,
or (II) for a registration amendment that
proposes a new minor use for an existing
pesticide.
‘‘(ii) For the purposes of clause (i)—
‘‘(I) the term ‘as expeditiously as
possible’ means that the Adminis-
trator shall complete a review and
evaluation of all data submitted with
the application, to the greatest extent
practicable, no later than 6 months
after the submission of the applica-
tion, 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 good faith request for a minor use waiver re-
garding data required by the Administrator
pursuant to paragraph (2)(B), and if the Ad-
ministrator denies in whole or in part such data
waiver request, the registrant shall have a full
time period for providing such data. Such full
time period extension shall not be available if
the Administrator determines that the data
waiver request was not made in good faith. Any
determination by the Administrator that a data
waiver request was not submitted in good faith
shall be made in writing to the registrant and
shall be subject to judicial review under the pro-
cedures prescribed by section 16(b).’’.
(f) 
CONDITIONAL
REGISTRATION
FOR
MINOR
USES.—Section 3(c)(7) (7 U.S.C. 136a(c)(7)) is amended
by inserting ‘‘IN
GENERAL’’ after ‘‘(A)’’, by inserting
‘‘CONDITIONAL AMENDMENT’’ after ‘‘(B)’’, by inserting
‘‘CONDITIONAL REGISTRATION’’ after ‘‘(C)’’, and by add-
ing at the end the following:
‘‘(D) ADDITIONAL MINOR USES.—
‘‘(i) The Administrator shall condi-
tionally amend the registration of a pes-
ticide to permit additional minor uses of
such pesticide notwithstanding that data
concerning the pesticide may be insuffi-
cient to support an unconditional registra-
tion amendment, if the Administrator de-
termines that—
‘‘(I) the applicant has submitted
satisfactory data pertaining to the
proposed additional minor use, and
‘‘(II) amending the registration
in the manner proposed by the appli-
cant would not significantly increase
the risk of any unreasonable adverse
effect on the environment.
‘‘(ii) Notwithstanding clause (i), no
registration of a pesticide may be amended
to permit an additional minor use of such
pesticide if the Administrator has issued a
notice stating that such pesticide, or any
ingredient thereof, meets or exceeds risk
criteria associated in whole or in part with
human dietary exposure enumerated in
regulations issued under this Act, and dur-
ing the pendency of any risk-benefit eval-
uation initiated by such notice, if—
‘‘(I) the additional minor use of
such pesticide involves a major food or
feed crop, or
‘‘(II) the additional minor use of
such pesticide involves a minor food
or feed crop and the Administrator
determines, with the concurrence of
the Secretary of Agriculture, there is
available an effective alternative pes-
ticide that does not meet or exceed
such risk criteria.
‘‘(iii) An applicant seeking amended
registration under this subparagraph shall
submit such data as would be required to
obtain registration of a similar pesticide
under paragraph (5). If the applicant is
unable to submit an item of data (other
than data pertaining to the proposed addi-
tional minor use) because it has not yet
been generated, the Administrator shall
amend the registration under such condi-
tions as will require the submission of such
data not later than the time such data are
required to be submitted with respect to
similar pesticides already registered under
this Act. The determinations required
under this clause shall be made by the Ad-
ministrator in writing to the registrant and
shall be subject to judicial review under the
procedures prescribed by section 16(b).’’.
(g) EXPEDITED CONDITIONAL REGISTRATION
TO
REPLACE PREVIOUSLY CANCELED REGISTRATIONS
OR
DELETED USES ON A ONE-TIME BASIS.—Section 3(c)(7)
(7 U.S.C. 136a(c)(7)), as amended by subsection (f), is
amended by adding at the end the following:
‘‘(E) CONDITIONAL MINOR USE REGISTRA-
TION.—The Administrator may conditionally
register or amend the registration of a pesticide
for a minor use if the registrant establishes
that—
‘‘(i) the active ingredient is being sup-
ported for reregistration as required by
section 4 of this Act;
‘‘(ii) the minor use proposed for reg-
istration was a registered use of a product
that has been canceled, proposed for can-
cellation, or deleted as a use under section
4 or section 6 of this Act after December
24, 1988; and
‘‘(iii) the use directly requires only
residue chemistry data for reregistration.
Before granting the conditional registration, the
Administrator must determine that approval of
the registration or amendment in the manner
proposed by the applicant would not signifi-
cantly increase the risk of an unreasonable ad-
verse effect on the environment, and that there
is an existing tolerance for the use. The appli-
cant shall either commit to the submission of
data required for reregistration of the pesticide
or use by the final deadline, established as of
the date of the approval of the application, for
the submission of the last data needed to sup-
port registration of the pesticide active ingredi-
ent, or agree to cease distribution and sale of
the pesticide by this date. In cases where the
registrant has committed to the submission of
data, the Administrator may extend the expira-
tion date for the conditional registration to a
date 6 months past the scheduled data submis-
sion date to allow time for Agency review of the
application. Distribution and sale by the reg-
istrant of pesticides registered for the use must
cease on the expiration date. The Administrator
shall provide expedited review of any application
under this section in accordance with the provi-
sions in paragraph (3). The Administrator may
take action at any time prior to the established
date to order deletion of uses approved under
this subsection, if no registrant is fulfilling
commitments for other uses, or if the Adminis-
trator becomes aware that the delay may result
in a risk of an unreasonable adverse effect on
the environment. If the registrant does not vol-
untarily comply with the order by requesting
deletion of use, the Administrator may cancel
registrations with the use by order without a
hearing. All applications for such conditional
registration or amendment must be submitted
to the Administrator within 1 year after the
date of enactment of this provision.’’.
(h) 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 is not supporting a specific minor use of
the pesticide, but is supporting and providing
data in a timely fashion to support other food
uses the Administrator, at the written request
of the registrant, shall not take any action pur-
suant to this paragraph in regard to such un-
supported minor use until the final deadline for
the submission of data for the supported uses
under this paragraph. Upon receipt of the re-
quest 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. Not-
withstanding the provisions of this paragraph,
the Administrator may take action to cancel or
suspend such minor use, pursuant to section 6,
if the Administrator determines that the con-
tinuation of the minor use may cause an unrea-
sonable adverse effect on the environment.’’.
(B) Section 4(e)(3)(A) (7 U.S.C. 136a–
1(e)(3)(A)) is amended by adding at the end
the following: ‘‘If the registrant is not support-
ing a specific minor use of the pesticide, but is
supporting and providing data in a timely fash-
ion to support other uses, the Administrator, at
the written request of the registrant, shall not
take any action pursuant to this subparagraph
in regard to such unsupported minor use until
the final deadline for the submission of data for
the supported uses under this subparagraph.
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. Notwithstanding the provisions
of this subparagraph, the Administrator may
take action to cancel or suspend such minor
use, pursuant to section 6, if the Administrator
determines that the continuation of the minor
use may cause an unreasonable adverse effect
on the environment .’’.
(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 is not supporting a
specific minor use of the pesticide, but is sup-
porting and providing data in a timely fashion
to support other uses, the Administrator, at the
written request of the registrant, shall not take
any action pursuant to this subparagraph in re-
gard to such unsupported minor use until the
final deadline for the submission of data for the
supported uses under this paragraph. Upon re-
ceipt of the request from the registrant, the Ad-
ministrator shall publish in the Federal Reg-
ister 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. Notwithstanding the provisions of
this subparagraph, the Administrator may take
action to cancel or suspend such minor use,
pursuant to section 6, if the Administrator de-
termines that the continuation of the minor use
would violate the criteria contained in section
6.’’.
(i) 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 not later than 2 years
after another registrant voluntarily cancels its reg-
istration for an identical or substantially similar pes-
ticide for an identical or substantially similar use,
the Administrator shall process, review, and evaluate
the pending application as if the voluntary cancella-
tion had not yet taken place for purposes of the use
of data from such registration, except that the Ad-
ministrator may not take such action if the Adminis-
trator has evidence that such minor use presents the
risk of an unreasonable adverse effect on the envi-
ronment.’’.
(j) ENVIRONMENTAL PROTECTION AGENCY MINOR
USE PROGRAM.—The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 121 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 Environmental Protection Agency shall assure
coordination of minor use issues through the establish-
ment of a minor use program within the Office of Pes-
ticide Programs. Such office shall be responsible for co-
ordinating the development of minor use programs and
policies, consulting with growers regarding minor use is-
sues and registrations, and tracking and expediting minor
use registrations and amendments which are submitted to
the Environmental Protection Agency.’’.
(k) DEPARTMENT
OF AGRICULTURE MINOR USE
PROGRAM.—The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 121 et seq.), as amended by
subsection (j), is amended by adding at the end the follow-
ing:
‘‘SEC. 31. DEPARTMENT OF AGRICULTURE MINOR USE PRO-
GRAM.
‘‘(a) PROGRAM.—The Department of Agriculture
shall assure coordination through establishment of a
minor use program, of its responsibilities, including ad-
ministering the IR–4 Program and the National Agricul-
tural Pesticide Impact Assessment Program, supporting
IPM research, consulting with growers to develop data for
minor uses, and assisting minor use registrations, toler-
ances, and reregistrations with the Environmental Protec-
tion Agency.
‘‘(b) MATCHING FUND PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary of Agri-
culture shall establish a minor use matching fund
program. The matching fund program shall be uti-
lized to ensure the continued availability of minor
use crop protection chemicals, 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 matching funds shall be
required to match such matching 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. Such data may be
utilized by other entities for the purpose of seeking
registrations and tolerances, if such entities receive
written permission from the Department of Agri-
culture and the entity that produced the data. All
fees 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
HR 967 SC——2