113
‘‘(1) QUALIFYING PESTICIDE CHEMICAL RESI-
DUE.—For purposes of this subsection, the term
‘qualifying pesticide chemical residue’ means a pes-
ticide chemical residue resulting from the use, in
production, processing, or storage of a food, of a
pesticide chemical that is an active ingredient and
that—
‘‘(A) was first approved for such use in a
registration of a pesticide issued under section
3(c)(5) of the Federal Insecticide, Fungicide,
Rodenticide Act on or after April 25, 1985, on
the basis of data determined by the Adminis-
trator to meet all applicable requirements for
data prescribed by regulations in effect under
that Act on April 25, 1985; or
‘‘(B) was approved for such use in a rereg-
istration eligibility determination issued under
section 4(g) of that Act on or after the date of
enactment of this subsection.
‘‘(2) QUALIFYING FEDERAL DETERMINATION.—
For purposes of this subsection, the term ‘qualifying
Federal determination’ means a tolerance or exemp-
tion from the requirement for a tolerance for a
qualifying pesticide chemical residue that—
114
‘‘(A) is issued under this section after the
date of the enactment of this subsection and de-
termined by the Administrator to meet the
standard under subsection (b)(2)(A) (in the
case of a tolerance) or (c)(2) (in the case of an
exemption); or
‘‘(B)(i) pursuant to subsection (j) is re-
maining in effect or is deemed to have been is-
sued under this section, or is regarded under
subsection (k) as exempt from the requirement
for a tolerance; and
‘‘(ii) is determined by the Administrator to
meet the standard under subsection (b)(2)(A)
(in the case of a tolerance) or (c)(2) (in the
case of an exemption).
‘‘(3) LIMITATION.—The Administrator may
make the determination described in paragraph
(2)(B)(ii) only by issuing a rule in accordance with
the procedure set forth in subsection (d) or (e) and
only if the Administrator issues a proposed rule and
allows a period of not less than 30 days for comment
on the proposed rule. Any such rule shall be
reviewable in accordance with subsections (g) and
(h).
115
‘‘(4) STATE AUTHORITY.—Except as provided
in paragraphs (5), (6), and (8) no State or political
subdivision may establish or enforce any regulatory
limit on a qualifying pesticide chemical residue in or
on any food if a qualifying Federal determination
applies to the presence of such pesticide chemical
residue in or on such food, unless such State regu-
latory limit is identical to such qualifying Federal
determination. A State or political subdivision shall
be deemed to establish or enforce a regulatory limit
on a pesticide chemical residue in or on a food if it
purports to prohibit or penalize the production, proc-
essing, shipping, or other handling of a food because
it contains a pesticide residue (in excess of a pre-
scribed limit).
‘‘(5) PETITION PROCEDURE.—
‘‘(A) IN GENERAL.—Any State may peti-
tion the Administrator for authorization to es-
tablish in such State a regulatory limit on a
qualifying pesticide chemical residue in or on
any food that is not identical to the qualifying
Federal determination applicable to such quali-
fying pesticide chemical residue.
‘‘(B) PETITION REQUIREMENTS.—Any pe-
tition under subparagraph (A) shall—
116
‘‘(i) satisfy any requirements pre-
scribed, by rule, by the Administrator; and
‘‘(ii) be supported by scientific data
about the pesticide chemical residue that is
the subject of the petition or about chemi-
cally related pesticide chemical residues,
data on the consumption within such State
of food bearing the pesticide chemical resi-
due, and data on exposure of humans with-
in such State to the pesticide chemical res-
idue.
‘‘(C) 
AUTHORIZATION.—The 
Adminis-
trator may, by order, grant the authorization
described in subparagraph (A) if the Adminis-
trator determines that the proposed State regu-
latory limit—
‘‘(i) is justified by compelling local
conditions; and
‘‘(ii) would not cause any food to be
a violation of Federal law.
‘‘(D) TREATMENT.—In lieu of any action
authorized under subparagraph (C), the Admin-
istrator may treat a petition under this para-
graph as a petition under subsection (d) to
modify or revoke a tolerance or an exemption.
117
If the Administrator determines to treat a peti-
tion under this paragraph as a petition under
subsection (d), the Administrator shall there-
after act on the petition pursuant to subsection
(d).
‘‘(E) REVIEW.—Any order of the Adminis-
trator granting or denying the authorization de-
scribed in subparagraph (A) shall be subject to
review in the manner described in subsections
(g) and (h).
‘‘(6) URGENT
PETITION
PROCEDURE.—Any
State petition to the Administrator pursuant to
paragraph (5) that demonstrates that consumption
of a food containing such pesticide residue level dur-
ing the period of the food’s likely availability in the
State will pose a significant public health threat
from acute exposure shall be considered an urgent
petition. If an order by the Administrator to grant
or deny the requested authorization in an urgent pe-
tition is not made within 30 days of receipt of the
petition, the petitioning State may establish and en-
force a temporary regulatory limit on a qualifying
pesticide chemical residue in or on the food. The
temporary regulatory limit shall be validated or ter-
118
minated by the Administrator’s final order on the
petition.
‘‘(7) RESIDUES FROM LAWFUL APPLICATION.—
No State or political subdivision may enforce any
regulatory limit on the level of a pesticide chemical
residue that may appear in or on any food if, at the
time of the application of the pesticide that resulted
in such residue, the sale of such food with such resi-
due level was lawful under this section and under
the law of such State, unless the State demonstrates
that consumption of the food containing such pes-
ticide residue level during the period of the food’s
likely availability in the State will pose an unreason-
able dietary risk to the health of persons within such
State.
‘‘(8) SAVINGS.—Nothing in this Act preempts
the authority of any State or political subdivision to
require that a food containing a pesticide chemical
residue bear or be the subject of a warning or other
statement relating to the presence of the pesticide
chemical residue in or on such food.
‘‘(o) CONSUMER RIGHT TO KNOW.—Not later than
2 years after the date of the enactment of the Food Qual-
ity Protection Act of 1996, and annually thereafter, the
Administrator shall, in consultation with the Secretary of
119
Agriculture and the Secretary of Health and Human Serv-
ices, publish in a format understandable to a lay person,
and distribute to large retail grocers for public display (in
a manner determined by the grocer), the following infor-
mation, at a minimum:
‘‘(1) A discussion of the risks and benefits of
pesticide chemical residues in or on food purchased
by consumers.
‘‘(2) A listing of actions taken under subpara-
graph (B) of subsection (b)(2) that may result in
pesticide chemical residues in or on food that
present a yearly or lifetime risk above the risk al-
lowed under subparagraph (A) of such subsection,
and the food on which the pesticide chemicals pro-
ducing the residues are used.
‘‘(3) Recommendations to consumers for reduc-
ing dietary exposure to pesticide chemical residues in
a manner consistent with maintaining a healthy diet,
including a list of food that may reasonably sub-
stitute for food listed under paragraph (2).
Nothing in this subsection shall prevent retail grocers
from providing additional information.
‘‘(p) ESTROGENIC
SUBSTANCES
SCREENING
PRO-
GRAM.—
120
‘‘(1) DEVELOPMENT.—Not later than 2 years
after the date of enactment of this section, the Ad-
ministrator shall in consultation with the Secretary
of Health and Human Services develop a screening
program, using appropriate validated test systems
and other scientifically relevant information, to de-
termine whether certain substances may have an ef-
fect in humans that is similar to an effect produced
by a naturally occurring estrogen, or such other en-
docrine effect as the Administrator may designate.
‘‘(2) IMPLEMENTATION.—Not later than 3
years after the date of enactment of this section,
after obtaining public comment and review of the
screening program described in paragraph (1) by the
scientific advisory panel established under section
25(d) of the Federal Insecticide, Fungicide, and
Rodenticide Act or the science advisory board estab-
lished by section 8 of the Environmental Research,
Development, and Demonstration Act of 1978 (42
U.S.C. 4365), the Administrator shall implement the
program.
‘‘(3) SUBSTANCES.—In carrying out the screen-
ing program described in paragraph (1), the Admin-
istrator—
121
‘‘(A) shall provide for the testing of all
pesticide chemicals; and
‘‘(B) may provide for the testing of any
other substance that may have an effect that is
cumulative to an effect of a pesticide chemical
if the Administrator determines that a substan-
tial population may be exposed to such sub-
stance.
‘‘(4) EXEMPTION.—Notwithstanding paragraph
(3), the Administrator may, by order, exempt from
the requirements of this section a biologic substance
or other substance if the Administrator determines
that the substance is anticipated not to produce any
effect in humans similar to an effect produced by a
naturally occurring estrogen.
‘‘(5) COLLECTION OF INFORMATION.—
‘‘(A) IN
GENERAL.—The Administrator
shall issue an order to a registrant of a sub-
stance for which testing is required under this
subsection, or to a person who manufactures or
imports a substance for which testing is re-
quired under this subsection, to conduct testing
in accordance with the screening program de-
scribed in paragraph (1), and submit informa-
tion obtained from the testing to the Adminis-
122
trator, within a reasonable time period that the
Administrator determines is sufficient for the
generation of the information.
‘‘(B) PROCEDURES.—To the extent prac-
ticable the Administrator shall minimize dupli-
cative testing of the same substance for the
same endocrine effect, develop, as appropriate,
procedures for fair and equitable sharing of test
costs, and develop, as necessary, procedures for
handling of confidential business information.
‘‘(C) FAILURE OF REGISTRANTS TO SUB-
MIT INFORMATION.—
‘‘(i) SUSPENSION.—If a registrant of
a substance referred to in paragraph
(3)(A) fails to comply with an order under
subparagraph (A) of this paragraph, the
Administrator shall issue a notice of intent
to suspend the sale or distribution of the
substance by the registrant. Any suspen-
sion proposed under this paragraph shall
become final at the end of the 30-day pe-
riod beginning on the date that the reg-
istrant receives the notice of intent to sus-
pend, unless during that period a person
adversely affected by the notice requests a
123
hearing or the Administrator determines
that the registrant has complied fully with
this paragraph.
‘‘(ii) HEARING.—If a person requests
a hearing under clause (i), the hearing
shall be conducted in accordance with sec-
tion 554 of title 5, United States Code.
The only matter for resolution at the hear-
ing shall be whether the registrant has
failed to comply with an order under sub-
paragraph (A) of this paragraph. A deci-
sion by the Administrator after completion
of a hearing shall be considered to be a
final agency action.
‘‘(iii) 
TERMINATION
OF
SUSPEN-
SIONS.—The Administrator shall terminate
a suspension under this subparagraph is-
sued with respect to a registrant if the Ad-
ministrator determines that the registrant
has complied fully with this paragraph.
‘‘(D) NONCOMPLIANCE
BY
OTHER
PER-
SONS.—Any person (other than a registrant)
who fails to comply with an order under sub-
paragraph (A) shall be liable for the same pen-
alties and sanctions as are provided under sec-
124
tion 16 of the Toxic Substances Control Act
(15 U.S.C. 2601 and following) in the case of
a violation referred to in that section. Such pen-
alties and sanctions shall be assessed and im-
posed in the same manner as provided in such
section 16.
‘‘(6) AGENCY ACTION.—In the case of any sub-
stance that is found, as a result of testing and eval-
uation under this section, to have an endocrine ef-
fect on humans, the Administrator shall, as appro-
priate, take action under such statutory authority as
is available to the Administrator, including consider-
ation under other sections of this Act, as is nec-
essary to ensure the protection of public health.
‘‘(7) REPORT TO CONGRESS.—Not later than 4
years after the date of enactment of this section, the
Administrator shall prepare and submit to Congress
a report containing—
‘‘(A) the findings of the Administrator re-
sulting from the screening program described in
paragraph (1);
‘‘(B) recommendations for further testing
needed to evaluate the impact on human health
of the substances tested under the screening
program; and
125
‘‘(C) recommendations for any further ac-
tions (including any action described in para-
graph (6)) that the Administrator determines
are appropriate based on the findings.
‘‘(q) SCHEDULE FOR REVIEW.—
‘‘(1) IN GENERAL.—The Administrator shall re-
view tolerances and exemptions for pesticide chemi-
cal residues in effect on the day before the date of
the enactment of the Food Quality Protection Act of
1996, as expeditiously as practicable, assuring
that—
‘‘(A) 33 percent of such tolerances and ex-
emptions are reviewed within 3 years of the
date of enactment of such Act;
‘‘(B) 66 percent of such tolerances and ex-
emptions are reviewed within 6 years of the
date of enactment of such Act; and
‘‘(C) 100 percent of such tolerances and
exemptions are reviewed within 10 years of the
date of enactment of such Act.
In conducting a review of a tolerance or exemption,
the Administrator shall determine whether the toler-
ance or exemption meets the requirements of sub-
sections (b)(2) or (c)(2) and shall, by the deadline
for the review of the tolerance or exemption, issue
126
a regulation under subsection (d)(4) or (e)(1) to
modify or revoke the tolerance or exemption if the
tolerance or exemption does not meet such require-
ments.
‘‘(2) PRIORITIES.—In determining priorities for
reviewing tolerances and exemptions under para-
graph (1), the Administrator shall give priority to
the review of the tolerances or exemptions that ap-
pear to pose the greatest risk to public health.
‘‘(3) PUBLICATION OF SCHEDULE.—Not later
than 12 months after the date of the enactment of
the Food Quality Protection Act of 1996, the Ad-
ministrator shall publish a schedule for review of tol-
erances and exemptions established prior to the date
of the enactment of the Food Quality Protection Act
of 1996. The determination of priorities for the re-
view of tolerances and exemptions pursuant to this
subsection is not a rulemaking and shall not be sub-
ject to judicial review, except that failure to take
final action pursuant to the schedule established by
this paragraph shall be subject to judicial review.
‘‘(r) TEMPORARY TOLERANCE OR EXEMPTION.—The
Administrator may, upon the request of any person who
has obtained an experimental permit for a pesticide chemi-
cal under the Federal Insecticide, Fungicide, and
127
Rodenticide Act or upon the Administrator’s own initia-
tive, establish a temporary tolerance or exemption for the
pesticide chemical residue for the uses covered by the per-
mit. Subsections (b)(2), (c)(2), (d), and (e) shall apply to
actions taken under this subsection.
‘‘(s) SAVINGS CLAUSE.—Nothing in this section shall
be construed to amend or modify the provisions of the
Toxic Substances Control Act or the Federal Insecticide,
Fungicide, and Rodenticide Act.’’.
SEC. 406. AUTHORIZATION FOR INCREASED MONITORING.
For the fiscal years 1997 through 1999, there is au-
thorized to be appropriated in the aggregate an additional
$12,000,000 for increased monitoring by the Secretary of
Health and Human Services of pesticide residues in im-
ported and domestic food.
SEC. 407. ALTERNATIVE ENFORCEMENT.
Section 303(g) (21 U.S.C. 333(f)) is amended—
(1) by redesignating paragraphs (2), (3), and
(4) as paragraphs (3), (4), and (5), respectively,
(2) by inserting after paragraph (1) the follow-
ing:
‘‘(2)(A) Any person who introduces into interstate
commerce or delivers for introduction into interstate com-
merce an article of food that is adulterated within the
meaning of section 402(a)(2)(B) shall be subject to a civil
128
money penalty of not more than $50,000 in the case of
an individual and $250,000 in the case of any other person
for such introduction or delivery, not to exceed $500,000
for all such violations adjudicated in a single proceeding.
‘‘(B) This paragraph shall not apply to any person
who grew the article of food that is adulterated. If the
Secretary assesses a civil penalty against any person under
this paragraph, the Secretary may not use the criminal
authorities under this section to sanction such person for
the introduction or delivery for introduction into interstate
commerce of the article of food that is adulterated. If the
Secretary assesses a civil penalty against any person under
this paragraph, the Secretary may not use the seizure au-
thorities of section 304 or the injunction authorities of sec-
tion 302 with respect to the article of food that is adulter-
ated.
‘‘(C) In a hearing to assess a civil penalty under this
paragraph, the presiding officer shall have the same au-
thority with regard to compelling testimony or production
of documents as a presiding officer has under section
408(g)(2)(B). The third sentence of paragraph (3)(A)
shall not apply to any investigation under this para-
graph.’’;
129
(3) in paragraph (3), as so redesignated, by
striking ‘‘paragraph (1)’’ each place it occurs and
inserting ‘‘paragraph (1) or (2)’’;
(4) in paragraph (4), as so redesignated, by
striking ‘‘(2)(A)’’ and inserting ‘‘(3)(A)’’; and
(5) in paragraph (5), as so redesignated, by
striking ‘‘(3)’’ each place it occurs and inserting
‘‘(4)’’.
TITLE V—FEES
SEC. 501. REREGISTRATION FEES.
(a) SECTION 4(i).—Section 4(i) (7 U.S.C. 136a–
1(i)), as amended by section 232(2), is amended—
(1) in paragraphs (5)(H) and (6), by striking
‘‘1997’’ and inserting ‘‘2001’’; and
(2) in paragraph (5)(C), by inserting ‘‘(i)’’ after
‘‘(C)’’ and by adding at the end the following:
‘‘(ii) in each of the fiscal years 1998,
1999, and 2000, the Administrator is author-
ized to collect up to an additional $2,000,000 in
a manner consistent with subsection (k)(5) and
the recommendations of the Inspector General
of the Environmental Protection Agency. The
total fees that may be collected under this
clause shall not exceed $6,000,000.’’.
130
(b) SECTION 4(k)(1).—Section 4(k)(1) (7 U.S.C.
136a–1(k)(1) is amended by inserting before the period
the following: ‘‘which shall be known as the Reregistration
and Expedited Processing Fund’’.
(c) SECTION 4(k)(2).—Section 4(k)(2) (7 136a–
1(k)(2)) is amended to read as follows:
‘‘(2) SOURCE AND USE.—
‘‘(A) All moneys derived from fees collected
by the Administrator under subsection (i) shall
be deposited in the fund and shall be available
to the Administrator, without fiscal year limita-
tion, specifically to offset the costs of rereg-
istration and expedited processing of the appli-
cations specified in paragraph (3). Such moneys
derived from fees may not be expended in any
fiscal year to the extent such moneys derived
from fees would exceed money appropriated for
use by the Administrator and expended in such
year for such costs of reregistration and expe-
dited processing of such applications. The Ad-
ministrator shall, prior to expending any such
moneys derived from fees—
‘‘(i) effective October 1, 1997, adopt
specific and cost accounting rules and pro-
cedures as approved by the General Ac-
131
counting Office and the Inspector General
of the Environmental Protection Agency to
ensure that moneys derived from fees are
allocated solely to the costs of reregistra-
tion and expedited processing of the appli-
cations specified in paragraph (3) in the
same portion as appropriated funds;
‘‘(ii) prohibit the use of such moneys
derived from fees to pay for any costs
other than those necessary to achieve re-
registration and expedited processing of
the applications specified in paragraph (3);
and
‘‘(iii) ensure that personnel and facil-
ity costs associated with the functions to
be carried out under this paragraph do not
exceed agency averages for comparable
personnel and facility costs.
‘‘(B) The Administrator shall also—
‘‘(i) complete the review of unreviewed
reregistration studies required to support
the 
reregistration 
eligibility 
decisions
scheduled for completion in accordance
with subsection (l)(2); and
132
‘‘(ii) contract for such outside assist-
ance as may be necessary for review of re-
quired studies, using a generally accepted
competitive process for the selection of
vendors of such assistance.’’.
(d) SECTION 4(k)(3).—Section 4(k)(3) (7 U.S.C.
136a–1(k)(3)) is amended—
(1) in subparagraph (A), by striking out ‘‘for
each of the fiscal years 1992, 1993, and 1994, 1⁄7th
of the maintenance fees collected, up to 2 million
each year’’ and inserting in lieu thereof ‘‘for each of
the fiscal years 1997 through 2001, not more than
1⁄7 of the maintenance fees collected in such fiscal
year’’; and
(2) by adding a new subparagraph (C) to read
as follows:
‘‘(C) So long as the Administrator has not
met the time frames specified in clause (ii) of
section 3(c)(3)(B) with respect to any applica-
tion subject to section 3(c)(3)(B) that was re-
ceived prior to the date of enactment of the
Food Quality Protection Act of 1996, the Ad-
ministrator shall use the full amount of the fees
specified in subparagraph (A) for the purposes
specified therein. Once all applications subject
133
to section 3(c)(3)(B) that were received prior to
such date of enactment have been acted upon,
no limitation shall be imposed by the preceding
sentence of this subparagraph so long as the
Administrator meets the time frames specified
in clause (ii) of section 3(c)(3)(B) on 90 per-
cent of affected applications in a fiscal year.
Should the Administrator not meet such time
frames in a fiscal year, the limitations imposed
by the first sentence of this subparagraph shall
apply until all overdue applications subject to
section 3(c)(3)(B) have been acted upon.’’.
(e) SECTION 4(k)(5).—Section 4(k)(5) (7 U.S.C.
136a–1(k)(5)) is amended to read as follows:
‘‘(5) ACCOUNTING
AND
PERFORMANCE.—The
Administrator shall take all steps necessary to en-
sure that expenditures from fees authorized by sub-
section (i)(5)(C)(ii) are used only to carry out the
goals established under subsection (l). The Rereg-
istration and Expedited Processing Fund shall be
designated as an Environmental Protection Agency
component for purposes of section 3515(c) of title
31, United States Code. The annual audit required
under section 3521 of such title of the financial
statements of activities under this Act under section
134
3515(b) of such title shall include an audit of the
fees collected under subsection (i)(5)(C) and dis-
bursed, of the amount appropriated to match such
fees, and of the Administrator’s attainment of per-
formance measure and goals established under sub-
section (l). Such an audit shall also include a review
of the reasonableness of the overhead allocation and
adequacy of disclosures of direct and indirect costs
associated with carrying out the reregistration and
expedited processing of the applications specified in
paragraph (3), and the basis for and accuracy of all
costs paid with moneys derived from such fees. The
Inspector General shall conduct the annual audit
and report the findings and recommendations of
such audit to the Administrator and to the Commit-
tees on Agriculture of the House of Representatives
and the Senate. The cost of such audit shall be paid
for out of the fees collected under subsection
(i)(5)(C).’’.
(f) GOALS.—Subsections (l) and (m) of section 4 (7
U.S.C. 136a–1), as amended by section 237, are redesig-
nated as subsections (m) and (n) respectively and the fol-
lowing is inserted after subsection (k):
‘‘(l) PERFORMANCE MEASURES
AND GOAL.—The
Administrator shall establish and publish annually in the
135
Federal Register performance measures and goals. Such
measures and goals shall include—
‘‘(1) the number of products reregistered, can-
celed, or amended, the status of reregistration, the
number and type of data requests under section
3(c)(2)(B) issued to support product reregistration
by active ingredient, the progress in reducing the
number of unreviewed, required reregistration stud-
ies, the aggregate status of tolerances reassessed,
and the number of applications for registration sub-
mitted under subsection (k)(3) that were approved
or disapproved;
‘‘(2) the future schedule for reregistrations, in-
cluding the projection for such schedules that will be
issued under subsection (g)(2)(A) and (B) in the
current fiscal year and the succeeding fiscal year;
and
‘‘(3) the projected year of completion of the re-
registrations under this section.’’.
Passed the House of Representatives July 23, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By LINDA NAVE,
Deputy Clerk.