IB
Union Calendar No. 431
103D CONGRESS
2D SESSION
H. R. 967
[Report No. 103–784]
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
OCTOBER 3, 1994
Additional sponsors: Mr. BALLENGER, Mr. CARR
of Michigan, Mr.
CUNNINGHAM, Mr. HOBSON, Mr. MURTHA, Mr. MACHTLEY, Mr. HAN-
COCK, Mr. PETERSON of Florida, Mr. YOUNG of Alaska, Mr. INGLIS of
South Carolina, Ms. DUNN, Mr. STUPAK, Mr. SOLOMON, Mr. JACOBS,
Mr. BLUTE, Mr. TALENT, Mr. HASTERT, Mr. LIGHTFOOT, Ms. KAPTUR,
Mr. COX, Mr. CLEMENT, Mr. CRAMER, Mr. LEVY, Ms. FURSE, Mr. MICA,
Mr. GOODLATTE, Mr. SMITH of New Jersey, Mr. GRANDY, Mr. FARR of
California, Mr. SMITH of Texas, Mrs. VUCANOVICH, Mr. ROYCE, Mr.
WOLF, Mr. DEUTSCH, Mr. BARCA of Wisconsin, and Mr. EHLERS
OCTOBER 3, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 18, 1993]
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; REFERENCE; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Minor Crop Protection Act of 1994’’.
(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 provision
of the Federal Insecticide, Fungicide, and Rodenticide Act.
(c) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; reference; table of contents.
TITLE I—MINOR CROP PROTECTION
Sec. 101. Minor crop protection.
TITLE II—PUBLIC HEALTH PESTICIDES
Sec. 201. Definitions.
Sec. 202. Registration.
Sec. 203. Reregistration.
Sec. 204. Cancellation.
Sec. 205. Views of the Secretary of Health and Human Services.
Sec. 206. Authority of Administrator.
Sec. 207. Identification of pests.
Sec. 208. Authorization of appropriations.
TITLE III—ANTIMICROBIAL PESTICIDES
Sec. 301. Antimicrobial pesticides.
Sec. 302. Pesticide labeling.
TITLE IV—EXPEDITED REVIEW OF CERTAIN PESTICIDE
REGISTRATIONS
Sec. 401. Office of accelerated review.
Sec. 402. Expedited review of certain pesticide registrations.
Sec. 403. Conditional registration for certain pesticides.
Sec. 404. Integrated pest management.
Sec. 405. Resistance management.
TITLE I—MINOR CROP
PROTECTION
SEC. 101. MINOR CROP PROTECTION.
(a) DEFINITION.—Section 2 (7 U.S.C. 136) is amend-
ed 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 agricul-
tural crop or site, or for the protection of public health
where—
‘‘(1) the Administrator, in consultation with the
Secretary of Agriculture, determines that, based on
information provided by an applicant, the use does
not provide sufficient economic incentive to support
the initial registration 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 USE OF MINOR USE PESTICIDES.—
Section 3(c)(1)(F) (7 U.S.C. 136a(c)(1)(F)) is amended by
redesignating clauses (ii) and (iii) as clauses (iii) and (iv),
respectively, and by inserting after clause (i) the following:
‘‘(ii) The period of exclusive data use
for data submitted to support the applica-
tion for the original registration of a pes-
ticide under clause (i) shall be granted an
additional 3 years if, after the date of en-
actment of this clause, the Administrator
approves at least 3 minor uses of the pes-
ticide before the expiration of the period of
exclusive use under this clause. Any addi-
tional exclusive use period under this clause
shall terminate if the original data submit-
ter voluntarily cancels all registrations of
the pesticide containing such minor uses.’’.
(c) TIME EXTENSIONS FOR DEVELOPMENT OF MINOR
USE DATA.—
(1) DATA CALL-IN.—Subparagraph (B) of section
3(c)(2) (7 U.S.C. 136a(c)(2)(B)) is amended by add-
ing 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 pro-
duction of residue chemistry data under this
subsection for data required solely to sup-
port that minor use until the final deadline
for submission of data under section 4 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, pro-
vides a schedule, including dates to
measure progress, to assure that the
data production will be completed be-
fore the expiration of the extension pe-
riod;
‘‘(III) the Administrator has de-
termined that such extension will not
significantly delay the Administrator’s
schedule for issuing a reregistration
eligibility 
determination 
required
under section 4; and
‘‘(IV) the Administrator has de-
termined in writing that based on ex-
isting data, such extension would not
significantly increase the risk of any
unreasonable adverse effect on the envi-
ronment.
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 determines that the
registrant is not meeting the schedule for
the production of such data, the Adminis-
trator may proceed in accordance with
clause (iv) regarding the continued registra-
tion of the minor use and shall inform the
public of such action. If, during the exten-
sion period, the Administrator is furnished
data which are sufficient to determine that
an unreasonable adverse effect exists involv-
ing the minor use of the pesticide, the Ad-
ministrator 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 clause shall preclude the Administrator
from proceeding in accordance with the pro-
visions 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 reg-
istrant, 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 the
final deadline for submission of data under section 4
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 re-
quest for such an extension provides a
schedule, including interim dates to meas-
ure progress, to assure that the data produc-
tion will be completed before the expiration
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 determined
in writing that based on existing data, such
extension would not significantly increase
the risk of any unreasonable 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 registration of the minor
use and shall inform the public of such action.
If, during the extension period, the Adminis-
trator is furnished data which are sufficient to
determine that an unreasonable adverse effect ex-
ists 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 in-
stead be due within 30 days of receipt of such
notice by the registrant. Nothing in this sub-
paragraph 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 in-
serting ‘‘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 applicable
data requirements if the Administrator deter-
mines that the absence of such data will not pre-
vent 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 en-
vironment.’’.
(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 reg-
istration of a new pesticide active ingredi-
ent 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 or a registration
amendment that proposes a new minor use.
‘‘(ii) For the purposes of clause (i)—
‘‘(I) the term ‘as expeditiously as
possible’ means that the Administrator
shall complete a review and evaluation
of all data submitted with the applica-
tion, to the greatest extent practicable,
no later than 6 months after the sub-
mission of the application, and
‘‘(II) the term ‘significant minor
uses’ means 3 or more minor uses pro-
posed for every non-minor use, a minor
use that would, in the judgment of the
Administrator, serve as a replacement
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 Administrator 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 regard-
ing data required by the Administrator pursuant
to paragraph (2)(B), and if the Administrator
denies in whole or in part such data waiver re-
quest, the registrant shall have a full time period
for providing such data. Such full time period
extension shall not be available if the Adminis-
trator 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 procedures prescribed
by section 16(b).’’.
(f) 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 pursu-
ant to this paragraph in regard to such unsup-
ported minor use until the final deadline for the
submission of data under section 4 for the sup-
ported uses under this paragraph. Upon receipt
of the request from the registrant, the Adminis-
trator shall publish in the Federal Register a no-
tice 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 para-
graph, 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.’’.
(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 supporting a
specific minor use of the pesticide, but is sup-
porting 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 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, pur-
suant to section 6, if the Administrator deter-
mines that the continuation of the minor use
use would violate the criteria contained in sec-
tion 6.’’.
(g) 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 pes-
ticide for a minor use not later than 2 years after an-
other registrant voluntarily cancels its registration for
an identical or substantially similar pesticide for an
identical or substantially similar use, the Adminis-
trator shall process, review, and evaluate the pending
application as if the voluntary cancellation had not
yet taken place for purposes of the use of data from
such registration, except that the Administrator may
not take such action if the Administrator has evidence
that such minor use presents a risk of an unreason-
able adverse effect on the environment.’’.
(h) ENVIRONMENTAL PROTECTION AGENCY MINOR
USE PROGRAM.—The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 121 et seq.) is amended by redes-
ignating sections 30 and 31 as sections 32 and 33, respec-
tively 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 establishment
of a minor use program within the Office of Pesticide Pro-
grams. Such office shall be responsible for coordinating the
development of minor use programs and policies, consulting
with growers regarding minor use issues and registrations,
and tracking and expediting minor use registrations and
amendments which are submitted to the Environmental
Protection Agency.’’.
(i) DEPARTMENT OF AGRICULTURE MINOR USE PRO-
GRAM.—The 
Federal 
Insecticide, 
Fungicide, 
and
Rodenticide Act (7 U.S.C. 121 et seq.), as amended by sub-
section (h), is amended by adding at the end the following:
‘‘SEC. 31. DEPARTMENT OF AGRICULTURE MINOR USE PRO-
GRAM.
‘‘(a) IN GENERAL.—The Secretary of Agriculture
(hereinafter in this section referred to as the ‘Secretary’)
shall ensure the coordination of the responsibilities of the
Department of Agriculture related to minor uses of pes-
ticides, including—
‘‘(1) carrying out the Inter-Regional Research
Project Number 4 (IR-4) as described in section 2(e)
of the Act entitled ‘An Act to facilitate the work of the
Department of Agriculture, and for other purposes’ (7
U.S.C. 4501(e)) and the national pesticide resistance
monitoring program established under section 1651 of
the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5882);
‘‘(2) supporting integrated pest management re-
search;
‘‘(3) consulting with growers to develop data for
minor uses; and
‘‘(4) providing assistance for minor use registra-
tions, tolerances, and reregistrations with the Envi-
ronmental Protection 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 development
of data to support minor use pesticide registrations
and reregistrations. Access to the matching fund pro-
gram shall be available to any entity which desires to
develop data to support minor use registrations. Ac-
cess to the fund shall be given only those entities that
do not directly receive funds from the sale of products
registered on minor uses. Any entity that seeks such
funding under this paragraph shall be required to
match such 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 fund-
ing. All fees received by the Department of Agri-
culture in return for the use of such data under the
matching fund program shall be returned to a revolv-
ing fund which will support the matching fund pro-
gram.
‘‘(2) AUTHORIZATION.— There is authorized to
be appropriated for the revolving fund for the match-
ing fund program an annual sum not to exceed
$10,000,000.’’.
TITLE II—PUBLIC HEALTH
PESTICIDES
SEC. 201. DEFINITIONS.
(a) ADVERSE EFFECTS.—Section 2(bb) (7 U.S.C.
136(bb)) is amended by adding at the end the following:
‘‘The Administrator shall consider the risks and benefits of
public health pesticides separate from the risks and benefits
of other pesticides. In weighing any regulatory action con-
cerning a public health pesticide under this Act, the Admin-
istrator shall weigh any risks of the pesticide against the
health risks such as the diseases transmitted by the vector
to be controlled by the pesticide.’’.
(b) NEW DEFINITIONS.—Section 2 (7 U.S.C. 136), as
amended by section 101, is amended by adding at the end
the following:
‘‘(ii) PUBLIC HEALTH PESTICIDE.—The term ‘public
health pesticide’ means any minor use pesticide product
registered for use and used predominantly in public health
programs for vector control or for other recognized health
protection uses, including the prevention or mitigation of
viruses, bacteria, or other microorganisms (other than vi-
ruses, bacteria, or other microorganisms on or in living
man or other living animal) that pose a threat to public
health.
‘‘(jj) VECTOR.—The term ‘vector’ means any organism
capable of transmitting the causative agent of human dis-
ease or capable of producing human discomfort or injury,
including mosquitoes, flies, fleas, cockroaches, or other in-
sects and ticks, mites, or rats.’’.
SEC. 202. REGISTRATION.
Section 3(c)(2)(A) (7 U.S.C 136a(c)(2)(A)) is amend-
ed—
(1) by inserting after ‘‘pattern of use,’’ the fol-
lowing: ‘‘the public health and agricultural need for
such minor use,’’, and
(2) by striking out ‘‘potential exposure of man
and the environment to the pesticide’’ and inserting
in lieu thereof ‘‘potential beneficial or adverse effects
on man and the environment’’.
SEC. 203. REREGISTRATION.
Section 4 (7 U.S.C. 136a–1) is amended—
(1) in subsection (i)(4), by redesignating sub-
paragraphs (B) and (C) as subparagraphs (C) and
(D), respectively and by adding after subparagraph
(A) the following:
‘‘(B) The Administrator shall exempt any
public health pesticide from the payment of the
fee prescribed under paragraph (3) if, in con-
sultation with the Secretary of Health and
Human Services, the Administrator determines,
based on information supplied by the registrant,
that the economic return to the registrant from
sales of the pesticide does not support the reg-
istration or reregistration of the pesticide.’’;
(2) in subsection (i)(5), by redesignating sub-
paragraphs (F) and (G) as subparagraphs (G) and
(H), respectively, and by adding after subparagraph
(E) the following:
‘‘(F) The Administrator shall exempt any
public health pesticide from the payment of the
fee prescribed under paragraph (3) if, in con-
sultation with the Secretary of Health and
Human Services, the Administrator determines,
based on information supplied by the registrant,
that the economic return to the registrant from
sales of the pesticide does not support the reg-
istration or reregistration of the pesticide.’’;
(3) in subsection (i)(7)(B), by striking out ‘‘or to
determine’’ and inserting in lieu thereof ‘‘, to deter-
mine’’ and by inserting before the period the follow-
ing: ‘‘, or to determine the volume usage for public
health pesticides’’; and
(4) in subsection (k)(3)(A), by striking out ‘‘or’’
at the end of clause (i), by striking the period at the
end of clause (ii) and inserting in lieu thereof ‘‘; or’’,
and by inserting after clause (ii) the following:
‘‘(iii) proposes the initial or amended
registration of an end use pesticide that, if
registered as proposed, would be used for a
public health pesticide.’’.
SEC. 204. CANCELLATION.
Section 6(b) is amended by striking out ‘‘or’’ at the
end of paragraph (1), by striking out the period at the end
of paragraph (2) and inserting in lieu thereof ‘‘; or’’, and
by adding after paragraph (2) the following:
‘‘(3) if a pesticide is registered or proposed for
registration for public health uses, to send the notice
specified in this subsection to the Secretary of Health
and Human Services for review.
The Secretary of Health and Human Services shall com-
ment under this subsection in accordance with the proce-
dures followed and subject to the same conditions as com-
ments by the Secretary of Agriculture in the case of agricul-
tural pesticides.’’.
SEC. 205. VIEWS OF THE SECRETARY OF HEALTH AND
HUMAN SERVICES.
Section 21 (7 U.S.C. 136s) is amended by redesig-
nating subsections (b) and (c) as subsections (c) and (d),
respectively, and by adding after subsection (a) the follow-
ing:
‘‘(b) SECRETARY
OF HEALTH
AND HUMAN SERV-
ICES.—The Administrator, before publishing regulations
under this Act for any public health pesticide, shall solicit
the views of the Secretary of Health and Human Services
in the same manner as the views of the Secretary of Agri-
culture are solicited under section 25(a).’’.
SEC. 206. AUTHORITY OF ADMINISTRATOR.
Section 25(a)(1) (7 U.S.C 136w(a)(1)) is amended—
(1) by inserting after ‘‘various classes of pes-
ticides’’ the following: ‘‘, including public health pes-
ticides,’’, and
(2) by striking out ‘‘and nonagricultural pes-
ticides’’ and inserting in lieu thereof ‘‘, non-
agricultural, and public health pesticides’’.
SEC. 207. IDENTIFICATION OF PESTS.
Section 28 (7 U.S.C. 136w–3) is amended by adding
at the end the following:
‘‘(d) PUBLIC HEALTH PESTS.—The Administrator, in
coordination with the Secretary of Health and Human
Services, shall identify pests of significant public health im-
portance and, in coordination with the Public Health Serv-
ice, develop and implement programs to improve and facili-
tate the safe and necessary use of chemical, biological, and
other methods to combat and control such pests of public
health importance.’’.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
the purposes of this title $12,000,000 for fiscal year 1995
and such sums as may be necessary for succeeding fiscal
years.
TITLE III—ANTIMICROBIAL
PESTICIDES
SEC. 301. ANTIMICROBIAL PESTICIDES.
(a) DEFINITIONS.—Section 2 (7 U.S.C. 136), as
amended by sections 101 and 201, is amended by adding
at the end the following:
‘‘(kk) 
ANTIMICROBIAL
PESTICIDE.—The 
term
‘antimicrobial pesticide’ means a pesticide which—
‘‘(1) is intended to sterilize, disinfect, sanitize,
mitigate growth and development, or protect inani-
mate objects, industrial processes or systems, surfaces,
or chemical substances from contamination, degrada-
tion, fouling, inefficiency, or deterioration caused by
microbiological organisms (including bacteria, vi-
ruses, fungi, algae, or composite slime); and
‘‘(2) in the intended use is exempt from, or oth-
erwise not subject to, a tolerance under section 408 or
409 of the Federal Food, Drug, and Cosmetic Act.’’.
(b) REQUIREMENTS FOR REGISTRATION.—Section 3 (7
U.S.C. 136a) is amended by adding at the end the follow-
ing:
‘‘(g) 
REGISTRATION
REQUIREMENTS
FOR
ANTIMICROBIAL PESTICIDES.—Within 1 year of the date of
the enactment of the Minor Crop Protection Act of 1994,
the Administrator shall propose regulations establishing re-
quirements for the registration of antimicrobial pesticides,
including guidelines specifying the information and data
required for registration. Such guidelines shall provide ap-
plicants for registration with information sufficient to de-
termine each scientific study that must be submitted as part
of a registration application, specify required methods for
data developed or submitted in support of a registration,
and describe registration application format requirements
and any objective criteria for evaluating the completeness
of the application.
‘‘(h) STUDY OF ANTIMICROBIAL REGISTRATION PRO-
CEDURES.—Not later than 2 years after the date of the en-
actment of this subsection, the Administrator shall prepare
a report for Congress that evaluates the process for register-
ing antimicrobial pesticides. The Administrator shall sub-
mit the report to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate. The report shall include
the following:
‘‘(1) An evaluation of different ways to accelerate
the review of pesticides which meet the criteria of
paragraph (3)(B)(i) and an estimate of the resources
the Administrator would need to implement such
changes.
‘‘(2) An estimate of the resources needed to make
a decision—
‘‘(A) within 90 days of receipt of an appli-
cation to register a pesticide that meets the cri-
teria of paragraph (3)(B)(i), whether to approve
the application;
‘‘(B) within 300 days of receipt of an appli-
cation to register an antimicrobial pesticide that
contains a new active ingredient, whether to ap-
prove the application;
‘‘(C) within 200 days of receipt of an appli-
cation to add a new use to the registration of an
antimicrobial pesticide, whether to approve the
application.
‘‘(3) A calculation of the amount of fees paid
under section 4(i)(5) that are paid for antimicrobial
pesticides.
‘‘(4) A calculation of the amount of appropriated
funds involving the registration and reregistration of
antimicrobial pesticides.’’.
SEC. 302. PESTICIDE LABELING.
For pesticides that are or may be diluted for use, the
label or labeling required under the Federal Insecticide,
Fungicide, and Rodenticide Act may have a different state-
ment of caution or protective measures for use of rec-
ommended diluted solutions of the pesticide than for use of
concentrates of the pesticide. Such a precautionary state-
ment shall provide adequate protection for exposure to the
dilute solution of the pesticide.
TITLE 
IV—EXPEDITED 
REVIEW
OF CERTAIN PESTICIDE REG-
ISTRATIONS
SEC. 401. OFFICE OF ACCELERATED REVIEW.
The Administrator shall establish within the Office of
Pesticide Programs an office to oversee and expedite the
evaluation of applications for the registration of pesticides
that meet the criteria of paragraph (9) of section 3(c) of
the Federal Insecticide, Fungicide, and Rodenticide Act.
SEC. 402. EXPEDITED REVIEW OF CERTAIN PESTICIDE REG-
ISTRATIONS.
Section 3(c) (7 U.S.C. 136a(c)) is amended—
(1) in paragraph (1) by adding at the end the
following:
‘‘(G) If the applicant is requesting the expe-
dited registration, or amendment to the registra-
tion, of a pesticide, an explanation of the basis
for the request, in accordance with paragraph
(9) of this subsection.’’; and
(2) by adding at the end the following:
‘‘(9) EXPEDITED
REGISTRATION
OF
CERTAIN
PESTICIDES.—
‘‘(A)(i) Not later than 1 year after the date
of the enactment of this paragraph and after op-
portunity for public comment, the Administrator
shall develop regulations and guidelines for the
expedited review of applications for the registra-
tion of pesticides that meet the criteria of this
subparagraph.
‘‘(ii) The Administrator shall expedite the
review of an application for registration of a
pesticide or an amendment to a registration that
satisfies the guidelines developed under this sub-
paragraph. Biological pesticides will be pre-
sumed to qualify for expedited review under this
paragraph. In developing guidelines for the expe-
dited review of a pesticide under this paragraph,
the Administrator shall consider the extent to
which a pesticide may reasonably be expected
to—
‘‘(I) reduce the risks of pesticides to
human health;
‘‘(II) exhibit a high degree of specific-
ity for the target pest and pose a low risk
for nontarget organisms;
‘‘(III) facilitate the management of
pests while conserving existing natural con-
trols; or
‘‘(IV) 
minimize 
the 
potential 
for
ground water or surface water contamina-
tion, or other valued environmental re-
sources.
‘‘(B)(i) The Administrator, not later than
30 days after receipt of an application for expe-
dited review, shall notify the applicant whether
the application is complete. If it is found to be
incomplete, the Administrator shall reject the re-
quest for an expedited review.
‘‘(ii) If the application is complete, the Ad-
ministrator shall notify the applicant whether
the application qualifies for expedited review
within 60 days.
‘‘(iii) If an application for registration or
an amendment qualifies for expedited review
under this paragraph, the Administrator shall,
not later than 6 months after accepting such ap-
plication, notify the registrant if the application
has been granted or denied. If the application is
denied, the Administrator shall comply with the
procedure under section 3(c)(6).
‘‘(C) If at any time after the expedited reg-
istration of a pesticide, the registrant has addi-
tional information bearing on the pesticide’s
ability to meet the guidelines established under
subparagraph (A), the registrant shall imme-
diately submit a report containing such informa-
tion to the Administrator.’’.
SEC. 403. CONDITIONAL REGISTRATION FOR CERTAIN PES-
TICIDES.
Section 3(c)(7) (7 U.S.C. 136a(c)(7)) is amended by
adding at the end the following:
‘‘(D)(i) The Administrator may condi-
tionally register or amend the registration of a
pesticide that meets the criteria of paragraph (9)
if—
‘‘(I) the applicant agrees to generate
any additional data that the Administrator
deems appropriate to evaluate the pesticide;
and
‘‘(II) the applicant agrees to submit
periodic reports as the Administrator may
require.
A conditional registration under this subpara-
graph shall be granted only if the Administrator
determines, based on available information, that
use of the pesticide during such period will not
cause any unreasonable adverse effect on the en-
vironment and that use of the pesticide is in the
public interest.
‘‘(ii) If at any time after a conditional reg-
istration is approved under this subparagraph,
and before a complete set of data has been sub-
mitted in support of the registration, the Admin-
istrator determines that a pesticide does not meet
the criteria specified in clause (i), the Adminis-
trator may by order suspend the registration
until such time as the registrant demonstrates
that the criteria for conditional registration are
met. Such order shall be sent to the registrant
and published in the Federal Register. The order
shall include the bases for suspension together
with a description of the types of information the
Administrator believes must be submitted to de-
termine whether the pesticide meets the criteria
for conditional registration.
‘‘(iii) A registrant, or any other interested
person with the concurrence of the registrant,
may, within 30 days of publication of the sus-
pension order in the Federal Register, petition
the Administrator to reconsider the issuance of
the suspension order. A petitioner must include
in the petition specific bases supporting the peti-
tion. The Administrator shall, within 90 days of
receipt of the last of such petitions, issue an
order granting or denying petitions timely re-
ceived. Such order shall be sent to the petitioner
and published in the Federal Register, and shall
include the factual and legal bases for the Ad-
ministrator’s determination of the petition.
‘‘(iv) If the Administrator receives informa-
tion or a petition with respect to any adverse ef-
fects of a pesticide for which a conditional reg-
istration has been granted under this subpara-
graph, the Administrator may refer the matter to
a Scientific Advisory Panel for review.’’.
SEC. 404. INTEGRATED PEST MANAGEMENT.
(a) INTEGRATED PEST MANAGEMENT PROJECTS.—
The Secretary of Agriculture, in consultation with the Ad-
ministrator of the Environmental Protection Agency, shall
encourage integrated pest management projects to be orga-
nized around specific pests and specific environmental
problems faced by growers and others in partnership with
scientists from local research organizations, including land-
grant or other universities and the Department, or growers,
and funded by a competitive, peer review grants program.
(b) GOALS AND OBJECTIVES.—The goals and objectives
of integrated pest management projects shall be area-spe-
cific and commodity or crop-specific in manner that allows
the projects to be qualitatively and quantitatively evalu-
ated. The Environmental Protection Agency and the De-
partment of Agriculture shall evaluate the implementation
and effectiveness of integrated pest management projects
based on the following criteria:
(1) Risks to growers from crop losses and drastic
yield variations.
(2) Effectiveness of the utilization of alternative
pesticides, including resistant hosts, biological control
agents, and cultural controls.
(3) Use of practices that avoid or minimize the
development of genetic resistance in pests to chemicals
or other tactics used to control them.
SEC. 405. RESISTANCE MANAGEMENT.
Section 3(c) (7 U.S.C. 136a(c)), as amended by section
402, is amended by adding at the end the following:
‘‘(10) EVIDENCE OF PEST RESISTANCE.—If the
Secretary of Agriculture, in consultation with the Ad-
ministrator, determines that pest resistance to a pes-
ticide is detected and is likely to diminish the efficacy
of the product or threatens to accelerate the evolution
of resistance to other registrations of the same or
similar products, the Administrator shall require the
applicant or registrant to—
‘‘(A) develop a plan to minimize the poten-
tial for development of resistance that includes
amended labeling directions for resistance strate-
gies; and
‘‘(B) conduct monitoring and submit re-
ports as the Administrator may deem necessary
to evaluate the effectiveness of the resistance
plan.
The plan developed under subparagraph (A) should
also address the potential for resistance development
in other geographical areas of the United States.’’.
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