I
103D CONGRESS
2D SESSION
H. R. 4329
To amend the Federal Insecticide, Fungicide, and Rodenticide Act, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 3, 1994
Mr. DE LA GARZA (for himself and Mr. STENHOLM) (both by request) intro-
duced the following bill; which was referred to the Committee on Agri-
culture
A BILL
To amend the Federal Insecticide, Fungicide, and
Rodenticide Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF-
ERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Federal Insecticide, Fungicide, and Rodenticide Act
Amendments of 1994’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; Table of contents; Reference.
Sec. 2. Registration renewal (‘‘Sunset’’).
Sec. 3. Imports and export.
Sec. 4. Cancellation.
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Sec. 5. Coordination with the Federal Food, Drug, and Cosmetic Act (FFDCA).
Sec. 6. Suspension.
Sec. 7. Label call-in.
Sec. 8. Phase-out/phase down.
Sec. 9. Reduced risk pesticides.
Sec. 10. Minor uses.
Sec. 11. Fees.
Sec. 12. Use-by-prescription.
Sec. 13. Judicial review.
Sec. 14. Indemnification.
Sec. 15. Certification and training.
Sec. 16. Pesticide recordkeeping.
Sec. 17. Enforcement.
Sec. 18. ‘‘Whistle Blower’’ provision.
(c) 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. REGISTRATION RENEWAL (‘‘SUNSET’’).
(a) Section 3 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a) is amended by add-
ing at the end of the following:
‘‘(g) REGISTRATION RENEWAL.—
‘‘(1) GENERAL
RULE.—Under the subsection
the registrations of pesticides are to be renewed pe-
riodically as set out in paragraph (4). The dates for
the renewal of a registration of a pesticide are based
on dates applicable to the active ingredient of the
pesticide as set out in paragraph (2). The date on
or after which an application shall be submitted for
the renewal of a registration is the reapplication
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date of the active ingredient as set out in paragraph
(3). The initial and subsequent reapplication date of
an active ingredient is set out in paragraph (4). The
date by which a renewal application is required to be
approved is the expiration date of the active ingredi-
ent as set out in paragraph (5). The expiration date
refers to the date a registration will expire if not re-
newed and such date is 3 years after the
reapplication date of the active ingredient. A reg-
istration shall not expire under this section except as
provided under paragraph (5) of this subsection.
‘‘(2) LIST OF ACTIVE INGREDIENTS.—
‘‘(A) INITIAL LIST.—Not later than 180
days after the date of enactment of the Federal
Insecticide, Fungicide, and Rodenticide Act
Amendments of 1994, the Administrator shall
publish in the Federal Register a list of each
active ingredient contained in any pesticide cur-
rently registered on the date of the publication
of such list.
‘‘(B) LIST REVISION.—The Administrator
shall revise the list to add a new pesticide active
ingredient on the date a pesticide is registered
under subsection (c) which contains such ingre-
dient. If the expiration date of the active ingre-
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dient expires without renewal of the registration
of at least one pesticide containing such active
ingredient, the Administrator shall remove the
active ingredient from the list. The Adminis-
trator shall annually publish such list to include
each revision made under this subparagraph.
‘‘(C) LIST CONTENT.—The list published
by the Administrator under this paragraph
shall state the name, reapplication date, and
the expiration date of each active ingredient
contained in the list.
‘‘(D) PUBLICATION
GROUPS.—Active in-
gredients listed under this paragraph shall be
grouped as follows: An active ingredient shall be
classified—
‘‘(i) in group 1 if the active ingredient
was first contained in a pesticide initially
registered before November 1, 1984,
‘‘(ii) in group 2 if the active ingredi-
ent was first contained in a pesticide ini-
tially registered after October 31, 1984,
but before the date of enactment of the
Federal 
Insecticide, 
Fungicide, 
and
Rodenticide Act Amendments of 1994, or
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‘‘(iii) in group 3 if the active ingredi-
ent was first contained in a pesticide ini-
tially registered after such date of enact-
ment.
‘‘(3) 
REAPPLICATION
DATE.—The 
initial
reapplication date of an active ingredient—
‘‘(A) in group 1, shall be a date established
by the Administrator 12–14 years after the is-
suance of a reregistration eligibility decision
document for the active ingredient under sec-
tion 4(g)(2),
‘‘(B) in group 2, shall be a date estab-
lished by the Administrator 10–13 years after
the enactment of the Federal Insecticide, Fun-
gicide, and Rodenticide Act Amendments of
1994, and
‘‘(C) in group 3 shall be 12 years after the
date of initial registration of a product contain-
ing the active ingredient.
Subsequent reapplication dates for each active ingre-
dient shall be 12 years after the preceding expiration
date of such active ingredient.
‘‘(4) RENEWAL.—
‘‘(A) PROCEDURE
FOR
RENEWAL.—All
registrants shall comply with guidelines pub-
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lished by the Administrator specifying the infor-
mation required for renewal of registration that
are in effect 4 years prior to the reapplication
date for each active ingredient in the reg-
istrant’s product. Such guidelines shall provide
registrants with information sufficient to deter-
mine each scientific study that must be submit-
ted for renewal of registration.
‘‘(B) DATA SUBMISSION, COMPENSATION,
AND EXEMPTION.—For purposes of this sub-
section, the provisions of subsections (c)(1) and
(c)(2)(D) shall be applicable to requirements
for renewal of a registration of a pesticide.
‘‘(C) STANDARD.—The Administrator shall
renew the registration of a pesticide if the Ad-
ministrator determines that (i) the registrant
has submitted an application for renewal of reg-
istration no later than the date set forth in
paragraph (3) of this subsection; (ii) the reg-
istrant has submitted all required information
as specified by the guidelines published pursu-
ant to subparagraph (A) and any written com-
munications from the Administrator to the reg-
istrant regarding the application of such guide-
lines; and (iii) the active ingredient meets the
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requirements of subsection (c)(5) of this sec-
tion.
‘‘(D) NOTIFICATION.—The Administrator
shall endeavor to review applications as expedi-
tiously as practicable, and shall notify the reg-
istrant promptly of any deficiencies in the appli-
cation for renewal of registration.
‘‘(E) EFFECTIVE
DATE
OF
RENEWAL.—
The renewal of the registration of a pesticide
under this paragraph shall take effect on the
day after the expiration date of the previous
registration of the pesticide.
‘‘(F) EXTENSION.—If the registrant of a
pesticide submits a complete application for the
renewal of the registration of a pesticide in ac-
cordance with subparagraph (A) and the Ad-
ministrator does not take final action on such
application before the expiration date of such
registration, the Administrator shall extend the
pesticide’s registration for one additional year.
‘‘(5) EXPIRATION.—
‘‘(A) INCOMPLETE
APPLICATION.—If the
registrant of a pesticide does not submit a com-
plete application to the Administrator, including
all required information as specified by the
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guidelines published pursuant to paragraph
(4)(A), on or before the reapplication date of
the active ingredient for which registration re-
newal is required and the Administrator has not
after such date renewed the registration, the
Administrator shall notify the registrant at
least 30 days prior to the expiration date of the
registration that the registration shall expire
upon the expiration date unless the registrant
has requested a hearing before such time. No
reapplication shall be deemed incomplete if it
complies with the guidelines under paragraph
(4). If a hearing is requested, the only matter
for resolution at that hearing shall be whether
the registrant failed to submit a complete appli-
cation on or before the reapplication date of the
active ingredient. If a hearing is held, a decision
after completion of such hearing shall be final.
If, after a hearing, the Administrator issues a
determination that the application is incom-
plete, the registration shall expire. Notwith-
standing any other provision of this Act, a
hearing shall be held and a determination made
within 75 days after receipt of a request for
such hearing. If a registrant fails to submit a
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request for a hearing under this subsection, the
registration shall expire automatically upon the
expiration date and the expiration of the reg-
istration shall not be reviewable in any court.
‘‘(B) INSUFFICIENT
INFORMATION.—Not-
withstanding any other provision of this section,
if the Administrator determines that the infor-
mation submitted for an active ingredient for
which registration renewal is required is insuffi-
cient to permit the Administrator to evaluate
the active ingredient under the requirements of
section 3(c)(5), the Administrator shall notify
each registrant to which the determination ap-
plies at least 30 days prior to the expiration
date for such registrations that each registra-
tion shall expire upon the expiration date unless
the registrant has requested a hearing before
such time. If a hearing is requested, the only
matter for resolution at that hearing shall be
whether the Administrator’s determination was
reasonable that the information submitted is in-
sufficient to evaluate the active ingredient
under section 3(c)(5). If a hearing is held, a de-
cision after completion of such hearing shall be
final. If after a hearing, the Administrator is-
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sues a determination that the information sub-
mitted is insufficient to permit the Adminis-
trator to evaluate the active ingredient under
the requirements of section 3(c)(5), the reg-
istration shall expire. Notwithstanding any
other provision of this Act, a hearing shall be
held and a determination made within 75 days
after receipt of a request for such hearing. If a
registrant fails to submit a request for a hear-
ing under this subsection, the registration shall
expire automatically upon the expiration date
and the expiration of the registration shall not
be reviewable in any court.
‘‘(6) CANCELLATION.—If the Administrator de-
termines on the basis of a registrant’s application or
any other information that one or more uses of an
active ingredient for which registration renewal is re-
quired does not meet the requirements of section
3(c)(5) of this Act, the Administrator shall initiate
a proceeding to cancel all registrations containing
such active ingredient to which the determination
applies under section 6(b) of this Act. Registrations
subject to cancellation proceedings shall neither ex-
pire nor be renewed pending the completion of can-
cellation proceedings. If, after completion of can-
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cellation proceedings under section 6(b), the Admin-
istrator determines not to cancel a registration, the
Administrator shall renew such registration.
‘‘(7) FEES.—
‘‘(A) The Administrator is authorized to
issue regulations to assess fees from registrants
reasonably calculated to cover costs associated
with the review of registrations pursuant to this
subsection.
‘‘(B) If any fee prescribed by regulations
issued pursuant to this paragraph with respect
to the registration of a pesticide is not paid by
the time prescribed by such regulations, the Ad-
ministrator, by order and without hearing, may
cancel the registration.
‘‘(8) REGISTRATION RENEWAL FUND.—
‘‘(A) ESTABLISHMENT.—There shall be es-
tablished in the Treasury of the United States
a registration renewal fund.
‘‘(B) SOURCE AND USE.—All fees collected
by the Administrator under paragraph (6) shall
be deposited into the fund and shall be available
to the Administrator, without fiscal year limita-
tion, to carry out the provisions of subsection
(g) of this Act.
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‘‘(9) EXISTING STOCKS.—Whenever a pesticide
registration expires pursuant to this subsection, the
Administrator may issue an order allowing continued
distribution, sale or use of existing stock of the ex-
pired pesticide subject to such conditions and limita-
tions as the Administrator may specify, provided
such distribution, sale or use is consistent with the
provisions of the Act.’’.
SEC. 3. IMPORTS AND EXPORTS.
(a) EXPORTS.—
(1) Section 17 (7 U.S.C. 136o), is amended to
read as follows:
‘‘(a) CANCELLATION NOTICES FURNISHED TO FOR-
EIGN GOVERNMENTS.—Whenever a registration or a can-
cellation or suspension of the registration of a pesticide
becomes effective, or ceases to be effective, the Adminis-
trator shall transmit, not later than 180 days after the
effective date of the action, notification of the action to
the governments of other countries and to appropriate
international agencies. The notification shall include infor-
mation related to the cancellation or suspension of the reg-
istration of the pesticide and information concerning other
pesticides that are registered under section 3 and other
alternatives including Integrated Pest Management, that
could be used in lieu of the pesticide.
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‘‘(b) CERTAIN PESTICIDES PROHIBITED FROM EX-
PORT.—
‘‘(1) PESTICIDES CONTAINING ACTIVE INGREDI-
ENTS BANNED BECAUSE OF ADVERSE EFFECTS ON
HUMAN HEALTH OR THE ENVIRONMENT.—
‘‘(A) Except as provided in subparagraph
(B) or (C), no person may export to a foreign
country a pesticide that contains an active in-
gredient if all or virtually all use of the active
ingredient in the United States has been pro-
hibited. An active ingredient is subject to the
preceding sentence if any of the following has
occurred:
‘‘(i) Registrations of pesticides con-
taining the active ingredient have been sus-
pended or canceled by the Administrator.
‘‘(ii) Applications for registration of
pesticides containing the active ingredient
have been denied by the Administrator.
‘‘(iii) Applications for registration of
pesticides containing the active ingredient
have been withdrawn by the registrant vol-
untarily.
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‘‘(iv) Registrations of the pesticide
have been canceled by the registrant volun-
tarily.
‘‘(v) Tolerances under section 408 of
the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 346a) for the active ingredient
have been revoked; and, as a result, all or
virtually all volume of the active ingredient
may not be used lawfully in the United
States.
‘‘(B) The Administrator shall permit the
export of a pesticide subject to the prohibitions
of paragraph (A) solely because of actions de-
scribed in subparagraph A (iii) or A (iv), if the
Administrator publishes after notice and oppor-
tunity for public comment a determination that
the Administrator is unaware of any informa-
tion indicating use of the pesticide could pose a
risk of significant adverse effects on public
health or the environment.
‘‘(C) The Administrator shall permit the
export of a pesticide to a specific importing
country if—
‘‘(i) the Administrator finds, after no-
tice and opportunity for comment, that the
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pesticide is not subject to a prohibition of
subparagraph (A) for any reason related to
an adverse human health effect; and
‘‘(ii) the importing country has in-
formed the Administrator in writing that
the country wishes to import the pesticide
and affirms that the country is aware that
all or virtually all uses of the pesticide are
prohibited in the United States.
A finding under this subparagraph shall be
effective for 1 year, except that the Adminis-
trator may renew the finding if the importing
country informs the administrator annually in
writing that it wishes to continue to import the
pesticide.
‘‘(D) The Administrator shall, after oppor-
tunity for comment, establish and keep current
a list of pesticide active ingredients which the
Administrator determines are described in para-
graph (1)(A). The Administrator shall publish
such list in the Federal Register initially within
six months of the date of enactment of this
paragraph and shall publish any additions to or
deletions from the list promptly upon the Ad-
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ministrator’s determination that the list should
be amended.
‘‘(E) The omission of any active ingredient
from the list published pursuant to subpara-
graph (D) that is subject to the restrictions of
paragraph (1)(A) shall not limit the authority
of the Administrator to initiate enforcement ac-
tion under this Act with regard to a pesticide
containing such active ingredient exported in
violation of paragraph (1)(A).
‘‘(2) PESTICIDES
SUBJECT
TO
OBJECTIONS
FROM IMPORTING COUNTRIES.—
‘‘(A) The Administrator shall, by order,
prohibit persons from exporting a pesticide to a
foreign country that has informed in writing the
Administrator, or an international agency of
which the United States is a member, that the
country does not wish to import the pesticide
and the foreign country certifies that it—
‘‘(i) is not producing and will not
produce the pesticide for use in the coun-
try;
‘‘(ii) is not importing and will not im-
port the pesticide from any other country;
and
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‘‘(iii) does not wish to import the pes-
ticide because of concerns of the country
about adverse effects on human health or
the environment.
‘‘(B) The Administrator shall issue an
order under subparagraph (A) not later than 30
days after receipt of the certification.
‘‘(C) If the Administrator determines, after
notice and opportunity for comment, that a for-
eign country is not in compliance with a certifi-
cation provided under subparagraph (A), the
Administrator shall promptly withdraw the
order issued under subparagraph (A). The with-
drawal shall become effective on publication in
the Federal Register.
‘‘(3) REQUIREMENT FOR A METHOD OF RESI-
DUE DETECTION IN FOOD.—No person may export
a pesticide unless—
‘‘(A) there is a tolerance or an exemption
from the requirement of tolerance under para-
graph (3) or (4) of section 408(d) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C.
346a(d)) governing residues of each ingredient
in the pesticide in at least one food;
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‘‘(B) there is a practical method for detect-
ing residues of each ingredient in the pesticide
in or on foods and the Administrator has an ap-
propriately certified pesticide reference stand-
ard; or
‘‘(C) the Administrator determines that
the pesticide is not likely to be used in a man-
ner resulting in pesticide residues in or on im-
ported foods.
‘‘(4) PESTICIDES
THAT
HAVE
NEVER
BEEN
REGISTERED UNDER SECTION 3.—
‘‘(A) No person may export a pesticide to
a foreign country if any ingredient of the pes-
ticide has not been and is not the subject of any
registration under section 3, unless the Admin-
istrator determines that—
‘‘(i)(I) for each active ingredient,
there is a tolerance greater than zero or an
exemption from the requirement for a tol-
erance under paragraph (3) or (4) of sec-
tion 408(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 346a(d)); or
‘‘(II) residues of the pesticide on food
have been permitted or the pesticide has
been approved for use in at least 3 coun-
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tries that evaluate pesticides prior to mar-
keting in accordance with internationally
recognized scientific standards and on the
basis of a competent, independent, sci-
entific review of public health and environ-
mental risks; and
‘‘(ii) the country of import partici-
pates in the United Nations Environment
Program-Food and Agriculture Organiza-
tion system for exchange of information on
pesticides in international trade, or has
equivalent provisions in place.
‘‘(B) Any person may petition the Admin-
istrator to withdraw the determination under
subparagraph (A) that a pesticide may be ex-
ported.
‘‘(5) RESTRICTIONS ON THE EXPORT OF SMALL
QUANTITIES
OF
PESTICIDES
FOR
RESEARCH
AND
DEVELOPMENT.—Notwithstanding paragraphs (1)
and (4), the Administrator may permit the export of
a small quantity of a pesticide to a foreign country
solely for purposes of research and development, but
not test marketing. The Administrator, however,
shall not permit the export of such a pesticide if it
contains any active ingredient which has been pro-
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hibited for all or virtually all uses and for which the
Administrator has not made the determination in
(1)(B). Export of a pesticide under this subpara-
graph shall be subject to such quantity limitations,
notification, reporting and labeling requirements as
are necessary to determine the nature and extent of
such research and development activities and to en-
sure that the pesticide will be used solely for re-
search and development in the country.
‘‘(c) REQUIREMENT FOR FOREIGN PURCHASER AC-
KNOWLEDGEMENT STATEMENT.—In the case of an unreg-
istered pesticide other than a pesticide covered by para-
graph (1) of subsection (b), the exporter shall obtain from
the foreign purchaser a signed statement acknowledging
that the purchaser understands that the pesticide is not
registered for use in the United States and cannot be sold
in the United States under this Act. A copy of the state-
ment shall be transmitted to the Administrator and to an
appropriate official of the importing country.
‘‘(d) INFORMATION
ON ALTERNATIVES.—The Ad-
ministrator shall develop and update annually a circular
describing environmentally preferable alternatives and
pest management techniques to exported pesticides that
are not registered under section 3 or registered pesticides
that are exported pursuant to paragraph (1)(C) of sub-
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section (b) of this section. The Administrator shall trans-
mit the circular and the annual update of the circular to
the governments of other countries and to appropriate
international organizations.
‘‘(e) PESTICIDES OR DEVICES INTENDED FOR EX-
PORT.—No pesticide or device may be exported to a for-
eign country unless—
‘‘(1) the pesticide or device complies with the
section and sections 2(p), 2(q), 7, 8, 19(a) and
19(e); and
‘‘(2) the label of the pesticide—
‘‘(A) is written in an official language of
the country of use; and
‘‘(B) to the extent not in conflict with re-
quirements of the country of use, contains all
health, safety, environmental, and other related
information required to be included under sec-
tion 3 on the labeling for the pesticide for use
in the United States, if the product is reg-
istered under section 3 of this Act.
‘‘(f) PRODUCT STEWARDSHIP.—
‘‘(1) REGULATIONS.—To promote proper prod-
uct stewardship, the Administrator shall, by regula-
tion, require a person who exports a pesticide from
the United States to comply with the product stew-
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ardship provisions of the 1993 International Code of
Conduct on the Distribution and Use of Pesticides
of the Food and Agricultural Organization of the
United Nations. The Administrator may amend such
regulations to require persons who export pesticides
to comply with any amendments to such code as the
Administrator deems necessary.
‘‘(2) NONCOMPLIANCE.—If the Administrator
determines after providing notice and opportunity
for informal hearing that an exporter of pesticides
has demonstrated a pattern of noncompliance with a
regulation issued under paragraph (1), the Adminis-
trator—
‘‘(A) shall publish in the Federal Register
the finding of the Administrator with respect to
the noncompliance; and
‘‘(B) may prohibit the exporter from ex-
porting pesticides for a period of not more than
180 days unless the noncompliance has not
been corrected by the end of the period.
‘‘(g) CONFIDENTIALITY
OF
EXPORT
INFORMA-
TION.—
‘‘(1) Notwithstanding sections 7(d) and 10(b),
the Administrator shall make available to the public
on request without restriction the following informa-
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tion in the possession of the Administrator concern-
ing exports of pesticides:
‘‘(A) The identity of the producer and ex-
porter of an exported pesticide.
‘‘(B) The active ingredients in an exported
pesticide.
‘‘(C) The name of an exported pesticide.
‘‘(D) The date of export.
‘‘(E) The countries to which a pesticide is
exported, including the countries of final des-
tination.
‘‘(2) The Administrator shall make available to
the public upon request information specified by
paragraph (1) concerning the export of a pesticide
solely in small quantities for purposes of research
and development only to the extent that such infor-
mation would be subject to disclosure if it concerned
a pesticide used for similar research and develop-
ment purposes in the United States, provided the ex-
porter, in accordance with rules issued by the Ad-
ministrator, certifies to the Administrator, in writ-
ing, that the pesticide is being exported solely in
small quantities for purposes of research and devel-
opment.
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‘‘(h) RECORDS.—Any person who distributes or sells
a pesticide for export shall submit to the Administrator
records of the distribution or sale under such conditions
as the Administrator may prescribe by regulation. No reg-
ulation issued pursuant to this subsection shall require
any person to duplicate reporting of any information oth-
erwise required to be reported by the person under section
7.
‘‘(i) ANNUAL EXPORTS REPORT.—The Adminis-
trator shall prepare and make available to the public an
annual report beginning with the first full calendar year
following the year of enactment of this subsection. The
report shall include a description of the identities, aggre-
gate quantities, and destinations of pesticides exported to
foreign countries during each calendar year, to the extent
the Administrator determines that disclosure of the infor-
mation is consistent with the requirements of section 10.
‘‘(j) FEES.—
‘‘(1) AUTHORITY.—The Administrator may
issue regulations to assess fees on pesticide reg-
istrants that are reasonably calculated to cover costs
associated with carrying out this section.
‘‘(2) ESTABLISHMENT OF FUND.—There shall
be established in the Treasury of the United States
a fund to carry out this section.
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‘‘(3) SOURCE AND USE.—All fees collected by
the Administrator under paragraph (1) shall be de-
posited into the fund, and thereafter, shall be avail-
able until extended, subject to appropriation, to
carry out this section.
‘‘(k) TECHNICAL ASSISTANCE PROGRAMS.—
‘‘(1) IN GENERAL.—The Administrator is au-
thorized to use each fiscal year not more than
$4,000,000 to provide countries technical assistance
in—
‘‘(A) safe handling and use of pesticides;
‘‘(B) alternative methods of pest control;
‘‘(C) strengthening of pesticide regulatory
institutions;
‘‘(D) provision of technical information;
‘‘(E) support for pesticide management
and safety training programs; and
‘‘(F) coordination with assistance efforts
conducted by other donor or international orga-
nizations.
‘‘(2) PRIORITY.—Priority for assistance under
this subsection shall be given to developing countries
that are major sources of food imported into the
United States.
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‘‘(3) COORDINATION WITH THE UNITED STATES
AGENCY FOR INTERNATIONAL DEVELOPMENT.—To
ensure full consistency with ongoing U.S. AID tech-
nical assistance programs in those areas, all EPA
activities conducted under this section in countries
that receive U.S. AID assistance shall be undertaken
in close cooperation with the Administrator of U.S.
AID.
‘‘(l) IMPORTATION OF PESTICIDES AND DEVICES.—
‘‘(1) IN
GENERAL.—The Secretary of the
Treasury shall—
‘‘(A) notify the Administrator of the arriv-
al of pesticides and devices;
‘‘(B) deliver to the Administrator, on the
request of the Administrator, samples of pes-
ticides or devices that are being imported into
the United States; and
‘‘(C) give notice to the owner or consignee
of the pesticide or device.
‘‘(2) OPPORTUNITY TO BE HEARD.—The owner
or consignee may appear before the Administrator
and introduce testimony.
‘‘(3) VIOLATIONS.—If it appears from the ex-
amination of a sample that the sample is adulter-
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ated, misbranded, otherwise violates this Act, or is
otherwise injurious to health or the environment—
‘‘(A) the pesticide or device may be refused
admission; and
‘‘(B) the Secretary of the Treasury may—
‘‘(i) refuse delivery to the consignee;
and
‘‘(ii) cause the destruction of any pes-
ticide or device refused delivery.
‘‘(4) NONEXPORT.—A pesticide or device that is
refused admission shall not be exported unless the
export conforms to the requirements of subsection
(c) and such regulations as the Secretary of the
Treasury may prescribe, except in accordance with
this section.
‘‘(5) BOND.—The Secretary of the Treasury
may deliver to the consignee the pesticide or device
pending examination and decision in the matter on
execution of bond for the amount of the full invoice
value of the pesticide or device, together with the
duty on the pesticide or device. If the consignee re-
fuses to return the pesticide or device for any cause
to the custody of the Secretary of the Treasury,
when demanded, for the purpose of excluding the
pesticide or device from the United States, or for
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any other purpose, the consignee shall forfeit the full
amount of the bond.
‘‘(6) CHARGES.—All charges for storage, cart-
age, and labor on pesticides or devices that are re-
fused admission or delivery shall be paid by the
owner or consignee. Any default of the payment
shall constitute alien against any future importation
made by the owner or consignee.
‘‘(7) REGULATIONS.—The Secretary of the
Treasury, in conjunction with the Administrator,
shall prescribe regulations for the administration
and enforcement of this subsection.
‘‘(m) COOPERATION IN INTERNATIONAL EFFORTS.—
‘‘(1) PRESIDENT.—The President is encouraged
to pursue appropriate international agreements or
arrangements to address notification programs and
trade in pesticides consistent with this Act.
‘‘(2) ADMINISTRATOR.—The Administrator is
encouraged to, in cooperation with the Secretary of
State, the Administrator of the Agency for Inter-
national Development and the head of any other ap-
propriate Federal agency, participate and cooperate
in any international efforts to develop improved pes-
ticide research and regulations.’’.
(b) CONFORMING AMENDMENTS.—
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(1) REGISTRATION OF ESTABLISHMENTS.—Sec-
tion 7(c) (7 U.S.C. 136e (c)) is amended—
(A) by striking paragraph (1) and insert-
ing the following new paragraph:
‘‘(1) IN GENERAL.—
‘‘(A) Any producer operating an establish-
ment registered under this section shall inform
the Administrator within 30 days after the es-
tablishment is registered of the types and quan-
tities of pesticides and active ingredients used
in producing pesticides that the producer—
‘‘(i) is currently producing;
‘‘(ii) has produced during the past
365-day period; and
‘‘(iii) has sold or distributed during
the past 365-day period.
‘‘(B) Any producer operating an establish-
ment registered under this section shall inform
the Administrator within 30 days after the es-
tablishment is registered of—
‘‘(i) the types and quantities of pes-
ticides, and active ingredients used in pro-
ducing pesticides, that are produced for ex-
port to a foreign county; and
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‘‘(ii) the date of export and quantity
of pesticides and active ingredients ex-
ported to each foreign county to which the
producer has exported during the past
365-day period.
‘‘(C) The information required by this
paragraph shall be kept current and submitted
to the Administrator annually as required under
such regulations as the Administrator may pre-
scribe.’’.
(B) in subparagraph (2) by striking ‘‘(2)’’,
and inserting ‘‘(2) STOP SALE ORDERS.’’.
(2) UNLAWFUL
ACTS.—Section 12(a)(2) (7
U.S.C. 136j(a)(2)) is amended—
(A) by striking ‘‘or’’ at the end of subpara-
graph (R);
(B) by striking the period at the end of
subparagraph (S) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(T) to export any pesticide in violation of
section 17 or to violate any regulation or order
issued under section 17.’’.
(3) ADVERSE EFFECTS INFORMATION.—Section
6(a) (7 U.S.C. 136c(a)) is amended by adding at the
end the following: ‘‘EFFECTIVE DATE.—
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‘‘(A) The prohibitions in Section 17(b)
shall become effective 30 days after the date of
enactment of the Federal Safety Reform Act of
1994.
‘‘(3) Any person, who exports a pesticide or
who produces a pesticide for export, shall submit to
the Administrator:
‘‘(A) any factual information regarding un-
reasonable adverse effects on the environment
of the pesticide; and
‘‘(B) any information regarding the regu-
latory status of such pesticide in other countries
that would affect whether the pesticide may be
exported.’’.
SEC. 4. CANCELLATION.
(a) Section 3(c)(6) (7 U.S.C. 136a(c)(6)) is amended
to read as follows:
‘‘(6) DENIAL
OF
REGISTRATION.—If the Ad-
ministrator determines that the requirements of
paragraph (5) for registration are not satisfied, the
Administrator may issue a notice proposing denial.
The Administration shall send a notice proposing de-
nial of registration. Such a notice shall include the
legal and factual bases for the denial. The Adminis-
trator shall send a notice proposing denial to the ap-
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plicant for registration and shall promptly publish
the notice in the Federal Register. Subsequent ac-
tion on the proposed denial shall be in accord with
the applicable provisions of section 6(b).’’.
(b) Section 3(d)(2) (7 U.S.C. 136a (d)(2)) is amend-
ed to read as follows:
‘‘(2) CHANGE IN CLASSIFICATION.—If the Ad-
ministrator determines that a change in the classi-
fication of any use of a pesticide from general use
to restricted use is necessary because, without such
restriction, the use may cause unreasonable adverse
effects on the environment, he shall follow the appli-
cable provisions of section 6(b).’’.
(c) Section 6(b) (7 U.S.C. 136d (b)) is amended to
read as follows:
‘‘(b) CANCELLATION, DENIAL
OF REGISTRATION,
CHANGE IN CLASSIFICATION.—
‘‘(1) STANDARD FOR CANCELLATION.—The Ad-
ministrator may cancel, deny application for reg-
istration of, or change the classification of a pes-
ticide if the Administrator determines that—
‘‘(A) the pesticide generally causes unrea-
sonable adverse effects on the environment
when used in accordance with widespread and
commonly recognized practice; or
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‘‘(B) the pesticide product or its labeling
or other material required to be submitted by
the Act do not comply with the requirements of
the Act.
The proponents of registration of a pesticide
shall at all times have the burden of showing that
the standard for cancellation, denial or change in
classification is not met.
‘‘(2) CONSULTATION
WITH
FEDERAL
AGEN-
CIES.—If the Administrator intends to cancel or
change the classification of a pesticide registered for
agricultural uses, the Administrator shall consult
with the Secretary of Agriculture regarding the pro-
posed action and provide an opportunity to submit
written comments. If the Administrator intends to
cancel or change the classification of a pesticide reg-
istered for public health uses, the Administrator
shall consult with the Secretary of Health and
Human Services regarding the proposed action and
provide an opportunity to submit written comments.
‘‘(3) PROPOSED ORDER.—If the Administrator
determines that the standard for canceling, denying
application for registration of, or changing the clas-
sification of a pesticide may be met, the Adminis-
trator may issue a proposed order to cancel, deny or
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change the classification of a pesticide. In issuing
any proposed order under this paragraph, the Ad-
ministrator shall consider restricting a pesticide’s
use or uses as an alternative to cancellation. The
Administrator shall send a copy of the proposed
order to each registrant holding a registration ad-
dressed by the proposed order and shall publish the
proposed order in the Federal Register. The pro-
posed order shall include (or incorporate by ref-
erence to publicly available documents) the following:
‘‘(A) A statement of the factual and legal
bases for the proposed action.
‘‘(B) If the pesticide is used to produce an
agricultural commodity, a general analysis of
the impact of the proposed action on consum-
ers, retail food prices, production of agricultural
commodities, and otherwise on the agricultural
economy.
‘‘(C) A copy of any written comments on
the proposed action submitted by the Secretary
of Agriculture, the Secretary of Health and
Human Services, or the Scientific Advisory
Panel.
‘‘(D) The changes, if any, in the terms and
conditions of registration that a registrant
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would need to make in order for the Adminis-
trator to conclude that cancellation or change in
classification would not be appropriate.
‘‘(E) Notice of the availability of an infor-
mal public hearing.
‘‘(4) PROCEDURES FOR PROPOSED CANCELLA-
TION ORDERS, DENIALS OF APPLICATIONS FOR REG-
ISTRATION, OR CHANGES IN CLASSIFICATION.—
‘‘(A) The registrant or applicant for reg-
istration, and any other interested person, shall
be afforded an opportunity to comment on a
proposed cancellation order, denial of applica-
tion for registration, or change in classification,
for at least ninety days after publication of the
proposal in the Federal Register.
‘‘(B) The registrant or applicant for reg-
istration, and any other interested person, may
request that the Administrator hold an informal
public hearing during the comment period. Re-
quests for hearing must be filed within twenty-
one days of publication of a proposed cancella-
tion order, denial of application, or change in
classification in the Federal Register. The Ad-
ministrator may deny such request if holding a
hearing would not be in the public interest.
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‘‘(C) No final order to cancel, change clas-
sification, or deny application may be issued
under paragraph (6) of this section before the
appropriate comment period has expired.
‘‘(D) If a final order to cancel or change
classification differs significantly from a pro-
posed order, the Administrator shall, prior to
issuing the final order, consult with the Sec-
retary of Agriculture and the Secretary of
Health and Human Services under the condi-
tions set forth in paragraph (b)(2) of this sec-
tion.
‘‘(5) INFORMAL PUBLIC HEARING.—
‘‘(A) If a timely request for an informal
public hearing is made on a proposed cancella-
tion, change in classification, or denial of appli-
cation, and the Administrator determines that a
hearing shall be held, the Administrator shall
publish in the Federal Register a notice of
hearing, and shall send a copy of such notice to
any person who requested such a hearing. Such
notice shall identify a time and location for the
hearing, and shall specify such procedures for
the hearing as the Administrator may deter-
mine appropriate. Any interested person shall
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be given an opportunity to appear at the hear-
ing, either in person or through an authorized
counsel or representative, and to be heard with
respect to the proposed order. The Adminis-
trator shall appoint a hearing officer to preside
over the hearing. The hearing officer shall
cause a verbatim transcript of the hearing to be
kept. Such transcript, and any written material
submitted at a hearing in accordance with any
requirements set forth in the notice of hearing,
shall be a part of the record of the proceeding.
‘‘(B) If the Administrator denies a timely
request for hearing, the Administrator shall
publish in the Federal Register a notice of de-
nial and the reasons therefor, and shall send a
copy of such notice to any person who re-
quested such hearing.
‘‘(6) FINAL ORDERS.—
‘‘(A) If not comments opposing the pro-
posed action are submitted by registrants or
other interested persons during the comment
period provided pursuant to paragraph (4) or at
any hearing held pursuant to paragraph (5),
and if, in the case of a proceeding to cancel or
change the classification of a pesticide, a reg-
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istrant does not file a timely application for
amendment of registration to implement the
changes, if any, specified in the proposed order
pursuant to subparagraph (b)(3)(iv) of this sec-
tion, the Administrator may issue a summary
final order canceling registration, denying appli-
cation for registration, or changing classifica-
tion. Such final order shall be published in the
Federal Register and sent to each registrant of,
and applicant for, a registration addressed by
the final order. Such final order shall not be
subject to judicial review.
‘‘(B) If, after reviewing comments submit-
ted pursuant to paragraph (4), and the record
compiled at any informal hearing held pursuant
to paragraph (5), the Administrator determines
that the standard for cancellation of registra-
tion, denial of application for registration, or
change in classification is met, the Adminis-
trator shall publish a final order of cancellation,
denial of application, or change in classification
in the Federal Register and shall send a copy
of such order to each applicant for, or reg-
istrant holding, a registration addressed by the
final order. The final order shall include (or in-
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corporate by reference to publicly available doc-
uments) the following:
‘‘(i) The factual and legal bases for
the final order.
‘‘(ii) A summary of the significant
comments submitted either in writing or
orally at a hearing by the public and, in
the case of a proposed cancellation order,
by the Secretary of Agriculture, the Sec-
retary of Health and Human Services, the
Scientific Advisory Panel, and the Admin-
istrator’s responses to those comments.
‘‘(iii) In the case of a proceeding for
the cancellation or change in classification
of a pesticide used in the production of an
agricultural commodity, a general analysis
of the impact of the action on consumers,
retail food prices, production of agricul-
tural commodities, and otherwise on the
agricultural economy.
‘‘(iv) In the case of a final order can-
celing or changing the classification of a
pesticide, a description of the changes, if
any, in the terms and conditions of reg-
istration of a pesticide product that a reg-
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‘‘(8) EFFECT OF FINAL ORDER OF CANCELLA-
TION, DENIAL
OF
APPLICATION, OR
CHANGE
IN
CLASSIFICATION.—
‘‘(A) The Administrator may issue an
order summarily denying any application for
registration or amendment under section 3 or
24 of this Act, or application for exemption
pursuant to section 18 of this Act, with respect
to a pesticide that has been subject to a final
order issued pursuant to this section canceling
registration, denying application for registra-
tion, or changing classification, unless the ap-
plicant has presented substantial new informa-
tion which—
‘‘(i) may materially affect the basis
for or content of the prior order;
‘‘(ii) was not available to the Adminis-
trator at the time he issued the final order;
and
‘‘(iii) could not, through the exercise
of due diligence, have been available to the
applicant prior to the issuance of the final
order.
If the Administrator determines that the appli-
cant has not provided substantial new informa-
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tion complying with the requirements set forth
in this subparagraph, the Administrator may
issue an order summarily denying the applica-
tion and shall send a copy of such order to the
applicant.
‘‘(B) If, after review of an application (and
supporting data submitted by the applicant) for
a registration or amendment pursuant to sec-
tion 3 or 24 of this Act, the Administrator de-
termines that the applicant has submitted sub-
stantial new information and that reconsider-
ation of the prior final order may be warranted,
the Administrator shall publish a notice in the
Federal Register announcing that the Adminis-
trator is reconsidering the prior final order.
Such notice shall describe the nature of the ap-
plication, contain the factual and legal bases for
the Administrator’s determination that recon-
sideration may be warranted, and shall provide
an opportunity of at least 60 days for interested
persons to comment on the issues of whether
reconsideration should be granted and whether
the application should be granted.
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‘‘(C) After the opportunity for comment on
a notice issued pursuant to section 6(b)(8)(B)
has expired, the Administrator shall publish a
final decision in the Federal Register either de-
nying 
the 
application 
or 
granting
reconsideration of the prior final order to the
extent necessary to consider the application. A
final decision granting reconsideration may, at
the Administrator’s discretion, contain a final
determination granting or rejecting the applica-
tion. If such a final determination is not con-
tained in a final decision granting reconsider-
ation, the application shall be reviewed accord-
ing to the provisions of section 3 or 24 as ap-
propriate.
‘‘(D)(i) If the Administrator grants recon-
sideration, but denies the application, the Ad-
ministrator shall publish in the Federal Reg-
ister a notice proposing denial of registration
pursuant to section 3(c)(6) of this Act. Such a
notice may be contained in a final decision
granting reconsideration issued pursuant to sec-
tion 6(b)(8)(B). Subsequent action on the pro-
posed denial shall be in accord with the applica-
ble provisions of section 6(b).
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‘‘(ii) If the Administrator determines, after
granting reconsideration, that the application
should be granted, he shall publish in the Fed-
eral Register a notice granting the application.
Such a notice may be contained in a final deci-
sion grating reconsideration issued pursuant to
section 6(b)(8)(B).
‘‘(9) EXISTING
STOCKS.—The Administrator
may permit the continued sale and use of existing
stocks of a pesticide whose registration is canceled
under this Act to such extent, under such conditions,
and for such uses as the Administrator may specify
if such sale or use is not inconsistent with the pur-
poses of this Act and will not have unreasonable ad-
verse effects on the environment.’’.
(d) CONFORMING AMENDMENT.—Section 25(d) (7
U.S.C. 136w(d)) is amended to read as follows:
‘‘(d) SCIENTIFIC ADVISORY PANEL.—Prior to issu-
ance of a proposed order under section 6(b), the Adminis-
trator shall notify an advisory panel of such action and
shall provide such panel and opportunity to submit written
comments as to the impact on health and the environment
of such proposed orders. The Administrator shall submit
proposed and final form regulations issued under section
25(a) within the same time periods as provided for the
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comments of the Secretary of Agriculture. The time re-
quirements for proposed and final form regulations may
not be modified or waived unless in addition to meeting
the requirements of section 25(a), the advisory panel has
failed to comment on the proposed action within the pre-
scribed time period or has agreed to the modification or
waiver.’’.
SEC. 5. COORDINATION WITH THE FEDERAL FOOD, DRUG,
AND COSMETIC ACT
Section 6 (7 U.S.C. 136d) is amended by adding at
the end the following:
‘‘(i) COORDINATION WITH THE FOOD, DRUG, AND
COSMETIC ACT.—
‘‘(1) The Administrator shall, by order and
without a hearing, cancel a pesticide registration, or
deny the application for registration or amended
registration of a pesticide if the Administrator has
revoked a tolerance regulation or denied a petition
to establish a tolerance regulation under section 408
of title 21 of the United States Code for residues of
the pesticide in or on food that could result from the
use of the pesticide, unless the Administrator deter-
mines that such use is unlikely to result in food that
is adulterated within the meaning of section
342(a)(2)(B) of title 21 of the United States Code.
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‘‘(2) Except where such order eliminates all
uses of a pesticide, any order issued pursuant to
paragraph (1) shall not be effective until thirty days
after publication in the Federal Register, and an ap-
plication or registration shall not be denied or can-
celed pursuant to the order if the applicant or reg-
istrant, within such thirty days, has applied to
amend the registration or application to delete the
uses that form the basis of the cancellation or denial
under paragraph (1).’’.
SEC. 6. SUSPENSION.
(a) Section 6(c) (7 U.S.C. 136d(c)) is amended to
read as follows:
‘‘(c) SUSPENSION.—
‘‘(1) ORDER.—If the Administrator determines
that use of a pesticide results in an imminent haz-
ard, he may issue an order immediately suspending
the registration of such pesticide. The order shall
specify the bases for the Administrator’s determina-
tion that an imminent hazard exists. The Adminis-
trator shall send to the registrant by certified mail
a copy of the suspension order, and shall publish the
order in the Federal Register. The order shall be-
come effective with respect to the registrant, upon
publication in the Federal Register or upon receipt
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by the registrant of the order, whichever occurs first.
The order shall become effective with regard to per-
sons other than the registrant, upon publication of
the order in the Federal Register. The suspension
shall automatically expire one hundred and eighty
days after becoming effective unless, on or before
such expiration date, the Administrator has pub-
lished in the Federal Register a proposed cancella-
tion order that would cancel the registration of the
pesticide use suspended by the order issued under
this subparagraph. If a proposed cancellation order
is issued before the expiration date, the suspension
shall continue in effect until terminated in accord-
ance with paragraph (4).
‘‘(2) CONSULTATION
WITH
FEDERAL
AGEN-
CIES.—If the Administrator intends to suspend a
pesticide registered for agricultural uses the Admin-
istrator shall consult with the Secretary of Agri-
culture regarding the proposed suspension. If the
Administrator intends to suspend a pesticide reg-
istered for public health uses, the Administrator
shall consult with the Secretary of Health and
Human Services regarding the proposed suspension.
‘‘(3) DURATION
OF
SUSPENSION.—A suspen-
sion order issued under this subsection may be ter-
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minated by the Administrator at any time. A sus-
pension order issued under this subsection shall
automatically terminate upon completion of a pro-
ceeding to cancel the registration of the pesticide
under subsection (b), or upon cancellation by the
Administrator of the suspended registration. If the
Administrator’s cancellation of the suspended reg-
istration is overturned by a reviewing court, the sus-
pension order issued under this subsection shall be
reinstated unless otherwise ordered by the reviewing
court, if the decision of the court overturning the
cancellation allows for further substantive delibera-
tions by the Administrator on the proposed cancella-
tion.
‘‘(4) PETITION TO RECONSIDER SUSPENSION.—
(A) A registrant, or any other interested person with
the concurrence of the registrant, may, within thirty
days of publication of the suspension order in the
Federal Register, petition the Administrator to re-
consider the issuance of the suspension order. A pe-
titioner must include in the petition specific objec-
tions to the suspension order, and must include the
specific bases supporting the petitioner’s conclusion
that the standard for suspension is not met. A peti-
tion must be accompanied by any information the
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petitioner wishes the Administrator to consider in
reviewing the petition. The Administrator shall,
within one hundred and twenty days of receipt of the
last of such petitions, issue an order granting or de-
nying petitions received within thirty days of the
publication of a suspension order. Any suspension
order issued under this subsection shall expire auto-
matically if the Administrator fails to respond to any
petition within the time required. Such an order re-
sponding to a petition for reconsideration shall be
sent to the petitioner and published in the Federal
Register, and shall include the factual and legal
bases for the Administrator’s determination on the
petition.
‘‘(B) A registrant, or any other interested per-
son with the concurrence of the registrant, may file
with the Administrator a petition to reconsider the
issuance of a suspension order more than thirty days
after publication of the suspension order in the Fed-
eral Register only if the petition is based upon sub-
stantial new information which—
‘‘(i) may materially affect the basis for or
content of the suspension order;
‘‘(ii) was not available to the Administrator
at the time he issued the suspension order or
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denied any petition submitted under subpara-
graph (5)(A) of this paragraph; and
‘‘(iii) could not, through the exercise of due
diligence, have been submitted to the Adminis-
trator within thirty days of the issuance of a
suspension order.
In addition to demonstrating that the petition is
based upon new information which meets the criteria
of this subparagraph, a person filing a petition more
than thirty days after the publication of a suspen-
sion order must include in the petition specific objec-
tions to the suspension order and the specific base
supporting the petitioner’s conclusion that the
standard for suspension is not met. Such a petition
must be accompanied by any information the peti-
tioner wishes the Administrator to consider in re-
viewing the petition. The Administrator shall issue
an order granting or denying a petition filed more
thirty days after the publication of a suspension
order within one hundred and twenty days of receipt
of the petition. Such an order shall be sent to the
petitioner and published in the Federal Register,
and shall include the factual and legal bases for the
Administrator’s determination on the petition.’’.
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(b) Section 6(h) (7 U.S.C. 136(h)) is amended to
read as follows:
‘‘(h) UNREVIEWABLE ACTIONS.—Nothing in this sec-
tion relating to the provision of notification to or consulta-
tion with other Federal Agencies or the Scientific Advisory
Panel shall be construed as creating any right or benefit,
substantive or procedural, enforceable at law by a party
against the United States, its agencies its officers, or any
person. No court of the United States shall have jurisdic-
tion to review any challenge to any action or failure to
take action by the Agency pursuant to this section where
such challenge is based upon an assertion that the Agency
failed to properly notify or consult with any other Federal
Agency or the Scientific Advisory Panel.’’.
SEC. 7. LABEL CALL-IN.
(a) Section 3 (7 U.S.C. 136a) is amended by adding
at the end the following:
‘‘(h) LABEL CALL-IN.—
‘‘(1) AUTHORITY
TO
REQUIRE
CHANGES.—If
the Administrator determines that the risks associ-
ated with the use of a pesticide can be reduced by
a change in the labeling, packaging, or composition
of the pesticide, the Administrator may issue a no-
tice requiring that registrants change the labeling,
packaging, or composition of the pesticide: Provided,
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however, That the Administrator may not pursuant
to this section require any change in the labeling,
packaging or composition of a pesticide if the Ad-
ministrator determines the change will effectively
prohibit or make economically unfeasible substan-
tially all use of the pesticide on one or more use
sites. The Administrator shall send any notice issued
pursuant to this section to the registrant of every
pesticide to which the determination relates. The no-
tice shall include a description of the required
changes and the bases for the Administrator’s deter-
mination that such changes will reduce the risks as-
sociated with the use of the pesticide. The notice
shall also include such requirements for notifying the
Administrator or submitting amendments of reg-
istration reflecting the changes as the Administrator
deems appropriate.
‘‘(2) REGISTRANT RESPONSE.—Any registrant
receiving a notice pursuant to subsection (a) may,
within 60 days of receipt of the notice, file written
objections to the change. A registrant may object to
the change if the registrant believes—
‘‘(A) the change would effectively prohibit
or make economically unfeasible substantially
all use of the pesticide on one or more use sites;
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‘‘(B) the change is not necessary for the
particular product or that a better alternative
means exists to prevent the unreasonable ad-
verse effects on the environment; and
‘‘(C) the costs to society of making the
proposed change exceed the benefits of the risk
reduction associated with making the proposed
change.
Any objections must include the specific bases for
the objections, and may be accompanied by any writ-
ten information the registrant desires to submit in
support of the objections. If a registrant fails to file
timely objections to a notice, the requirements con-
tained in the notice shall become final and shall not
be reviewable in any court.
‘‘(3) RESPONSE TO OBJECTIONS.—The Admin-
istrator shall respond to any objections within 90
days of receipt of the objections by either withdraw-
ing, modifying, or affirming the requirements con-
tained in the notice issued pursuant to subsection
(a). Such written response shall be sent to the reg-
istrant and shall include the bases therefor. The re-
sponse shall also include such requirements for noti-
fying the Administrator or submitting amendments
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of registration reflecting the changes as the Admin-
istrator deems appropriate.
‘‘(4) ANNUAL COMPLIANCE DATE.—An annual
compliance date is hereby established to be on the
first day of October. The Administrator may estab-
lish a different compliance date for registrants if it
would be in the public interest.
‘‘(5) TIME TO MAKE CHANGE.—Except as pro-
vided in paragraph (g), a registrant may not distrib-
ute or sell a product on or after the first compliance
date occurring more than one year after issuance of
a notice pursuant to subsection (a) of this section
unless the labeling, packaging, or composition of
such product complies with any requirements con-
tained in the notice or, if the notice is challenged,
in the response to objections issued pursuant to sub-
section (c). Provided, however, that if timely objec-
tions are filed and the Administrator does not re-
spond to such objections within 90 days, a registrant
may not distribute or sell a product on or after the
first compliance date occurring more than 7 months
after the Agency responds to the objections, or more
than one year from the issuance of the notice under
subsection (a), whichever is later.
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‘‘(6) EXCEPTION.—Notwithstanding any other
provision of this subsection, if the Administrator de-
termines that an earlier effective date for a change
in product labeling, packaging, or composition is in
the public interest, the Administrator may require
such changes within reasonable timeframes.
‘‘(7) SUSPENSION. If a registrant fails to com-
ply with a notice issued under subsection (a) or a
written response modifying a notice under subsection
(c), the Administrator may issue an order without
hearing suspending the registration. Such suspen-
sion shall remain in effect until the registrant has
complied with the terms of the notice or the re-
sponse modifying the notice.
‘‘(8) PESTICIDES
IN
THE
CHANNELS
OF
TRADE.—
‘‘(A) Except as provided in paragraph (2),
persons other than the registrant, of a pesticide
product that does not comply with a notice is-
sued under subsection (a) and any written re-
sponse to objections under subsection (c), may
continue to distribute or sell such pesticide
product for two years after the registrant is
prohibited from selling such product under sub-
section (f).
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‘‘(B) The Administrator may specify a
shorter period for the distribution or sale of
non-conforming pesticide products than is pro-
vided in paragraph (1) of this subsection if the
Administrator determines that a shorter period
is in the public interest. The Administrator
shall publish promptly such determination in
the Federal Register.
‘‘(9) RECALL.—The Administrator may, by
order, require the recall of any pesticide distributed
or sold in violation of any requirement issued by the
Administrator pursuant to this section. An order is-
sued under this subsection may apply to any person
who distributes or sells any pesticide in violation of
such a requirement and may require such person
to—
‘‘(A) arrange to make available one or
more storage facilities to receive and store the
pesticide to which the recall order applies, and
inform the Administrator of the location of each
such facility;
‘‘(B) accept and store at such facility any
pesticide distributed or sold by such person in
violation of this section that are tendered by
any other person who obtained the pesticide di-
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rectly or indirectly from the person that is sub-
ject to such order;
‘‘(C) on the request of a person making
such a tender, provide for proper transportation
of the pesticide to a storage facility;
‘‘(D) take such reasonable steps as the Ad-
ministrator may prescribe to inform persons
who may be holders of the pesticide of the
terms of the recall order and how those persons
may tender the pesticide and arrange for trans-
portation of the pesticide to a storage facility;
and
‘‘(E) reimburse any person to whom such
pesticide was sold for any unused quantities of
such pesticide, unless the purchaser had knowl-
edge at the time of sale that such sale was in
violation of any requirement issued by the Ad-
ministrator pursuant to this section.
‘‘(10) USE SITE.—For purposes of this section,
a use site means, for any agricultural use of a pes-
ticide, a particular crop or commodity. The Adminis-
trator shall identify, by regulation, non-agricultural
use sites.’’.
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(b) CONFORMING AMENDMENT.—Section 12(a)(2) (7
U.S.C. 136j(a)(2)) is amended by adding at the end the
following:
‘‘(T) to sell or distribute any pesticide product
in violation of any requirement issued by the Admin-
istrator pursuant to section 3 (g).’’.
SEC. 8. PHASE-OUT/PHASE-DOWN.
Section 6 (7 U.S.C. 136d) is amended by adding at
the end the following:
‘‘(j) REDUCTION, RESTRICTION OR ELIMINATION OF
USE OR PRODUCTION OF A PESTICIDE.—
‘‘(1) STANDARD
FOR
REDUCTION, RESTRIC-
TION, OR ELIMINATION.—If the Administrator deter-
mines that—
‘‘(A) credible scientific evidence indicates
that use of the pesticide is reasonably likely to
pose a significant risk to humans or the envi-
ronment; and
‘‘(B) additional information should be de-
veloped to reduce uncertainties regarding the
risk;
The Administrator shall, pursuant to paragraphs
(2)–(4), restrict, reduce, or eliminate the use or pro-
duction of the pesticide, or evaluate other action as
may be necessary to address the risk during the pe-
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riod required for the development, submission and
review of such additional information. The Adminis-
trator may gather any needed information by use of
section 3(c)(2)(B) of this Act.
‘‘(2) CONSULTATION WITH THE SECRETARY OF
AGRICULTURE.—Prior to taking action under para-
graph (1), The Administrator, in consultation with
the Secretary of Agriculture, shall develop a strategy
to reduce or limit the risk identified in order to
avoid unnecessary dislocation in agricultural produc-
tion.
‘‘(3) PROPOSED
RULE.—If the Administrator
determines that the standard for taking regulatory
action under paragraph (1) is met, the Adminis-
trator may issue a proposed rule to restrict, reduce
or eliminate the use or production of a pesticide.
The Administrator shall publish the proposed rule in
the Federal Register and shall afford the registrant
and any other interested person an opportunity to
comment on the proposed rule for at least 60 days
after publication in the Federal Register. Any person
may submit comments concerning the impact of the
proposal on the benefits of the use of the pesticide.
The proposed rule shall include (or incorporate by
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reference to publicly available documents) the follow-
ing:
‘‘(A) The terms and conditions of the pro-
posed rule, including any proposed strategy de-
veloped pursuant to paragraph (2) to avoid un-
necessary dislocation in agricultural production.
‘‘(B) A statement of the factual and legal
bases for the proposed action.
‘‘(C) A description of the additional infor-
mation needed to address the uncertainties of
the risk identified in paragraph (1).
‘‘(4) FINAL RULES.—(A) If no comments op-
posing the proposed rule are submitted by reg-
istrants or other interested persons during the com-
ment period provided under paragraph (3), and if
the registrant does not file a timely application for
amendment 
of 
registration 
to 
implement 
the
changes, if any, specified in the proposed rule, the
Administrator may issue a final rule. The Adminis-
trator shall publish such final rule in the Federal
Register. A final rule issued under this paragraph
shall not be subject to judicial review.
‘‘(B) If, after reviewing comments submitted
pursuant to paragraph (3), the Administrator deter-
mines that the standard for taking action under
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paragraph (1) has been met, the Administrator shall
publish a final rule in the Federal Register. The
final rule shall include (or incorporate by reference
to publicly available documents) the following:
‘‘(i) The terms and conditions of the final
rule.
‘‘(ii) The factual and legal bases for the
final rule.
‘‘(iii) A summary of the significant com-
ments received under paragraph (3) and the
Administrator’s responses to those comments.
‘‘(iv) A description of the additional infor-
mation needed to address the uncertainties of
the risk identified in paragraph (1).
‘‘(C) If, after reviewing the comments submit-
ted under paragraph (3) the Administrator deter-
mines not to restrict, reduce, or eliminate pesticide
uses or production the Administrator shall publish
such determination in the Federal Register. Such
decision shall include the factual and legal basis for
the determination, a summary of the significant
comments submitted under paragraph (3), and the
Administrator’s response to those comments. Such a
decision shall be effective upon publication.
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‘‘(D) Section 25(a) of this Act shall not apply
to proposed or final rules issued pursuant to this
subsection.
‘‘(E) Unless otherwise ordered by a court of ap-
propriate jurisdiction, a final rule issued under para-
graph (4) shall remain in effect pending the resolu-
tion of any regulatory action under section 6 or sec-
tion 106 or until such time as the Administrator re-
vokes or modifies the rule.
‘‘(5) REVIEW OF INFORMATION.—
‘‘(A) 
The 
Administrator 
shall 
review
promptly upon submission the information iden-
tified in the final rule and shall—
‘‘(i) initiate appropriate regulatory ac-
tion under section 6 or section 106;
‘‘(ii) revoke or modify the rule pursu-
ant to the procedures provided in para-
graphs (3) and (4) of this subsection; or
‘‘(iii) issue a final determination to
maintain in effect the final rule if the in-
formation submitted is not sufficient for
the Administrator to proceed under clauses
(i) and (ii).
‘‘(B) A final determination issued pursuant
to subparagraph (A)(iii) to maintain in effect a
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final rule shall be published in the Federal Reg-
ister and shall be subject to judicial review pur-
suant to section 16(a) of this Act.
‘‘(6) EFFECT ON OTHER AUTHORITIES.—Noth-
ing in this subsection shall limit the authority of the
Administrator to take any regulatory or enforcement
action at any time under any other provision of this
Act.’’.
SEC. 9. REDUCED RISK PESTICIDES.
(a) REDUCED RISK PESTICIDES.—
(1) Section 3 (c)(1) (7 U.S.C. 136a(c)(1)) is
amended to add at the end the following:
‘‘(G) If the applicant is requesting designa-
tion as a reduced risk pesticide, an explanation
of the basis for the request, in accordance with
paragraph (9) of this subsection.’’.
(2) Section 3 (c) (7 U.S.C. 136a(c)) is amended
to add at the end the following:
‘‘(9) REDUCED RISK PESTICIDES.—
‘‘(A) Not later than 1 year after the enact-
ment of this paragraph, the Administrator shall
develop criteria, after opportunity for public
comment, for the designation of reduced risk
pesticides. Such criteria shall, at a minimum,
address potential risks to human health, tox-
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icity to other non-target organisms, environ-
mental persistence, potential to contaminate the
environment, and compatibility with integrated
pest management strategies.
‘‘(B) Any registrant or applicant for reg-
istration may request the Administrator to des-
ignate a pesticide as a reduced risk pesticide
under this paragraph. The Administrator shall
prescribe the form and content of such requests
for 
designation, 
which 
shall 
require 
the
requestor to address each criterion established
under subparagraph (A). A request for designa-
tion may be combined with an application for
registration under this section.
‘‘(C) The Administrator, within 30 days
after receiving a request for designation, shall
notify the applicant or registrant requesting
designation whether the request is complete. If
it is found to be incomplete, the Administrator
shall reject the request. If the request is com-
plete, the Administrator shall review the request
not later than 120 days after receipt, and shall
designate the pesticide as a ‘reduced risk pes-
ticide’ if the pesticide meets the criteria for re-
duced risk issued pursuant to paragraph (A).
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The Administrator shall publish a notice of
findings regarding such designation in the Fed-
eral Register.
‘‘(D) If a request for designation is accom-
panied by an application for registration or
amended registration, the Administrator, within
180 days of designating that a pesticide quali-
fies for reduced risk status, shall complete re-
view of the application and shall notify the ap-
plicant or registrant whether the registration or
amended registration has been granted or de-
nied. If the application is denied, the Adminis-
trator shall comply with the procedures under
section 3(c)(6).
‘‘(E) If at any time after the designation
of a pesticide as a reduced risk pesticide the
registrant has additional information bearing on
the pesticide’s ability to meet the criteria estab-
lished under subparagraph (A), the registrant
shall immediately submit a report containing
such information to the Administrator.
‘‘(F) If at any time after the designation
of a pesticide as a reduced risk pesticide the
Administrator concludes that the determination
made under subparagraph (C) can no longer be
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supported, the Administrator shall revoke the
designation, after providing the registrant with
an opportunity for comment on the basis of the
Agency’s conclusion.’’.
(b) EXCLUSIVE USE OF REDUCED RISK PESTICIDES
AND MINOR USE PESTICIDES.—Section 3 (c)(1)(D) (7
U.S.C. 136a(c)(1)(D)) is amended to add a new clause
(ii) and to redesignate existing clauses (ii) and (iii) as
clauses (iii) and (iv), respectively:
‘‘(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 extended by
an additional two years if, after the date of
enactment of this provision—
‘‘(I) the Administrator approves
at least three minor uses of the pes-
ticide prior to the expiration of the
period of exclusive use under clause
(i); or
‘‘(II) the pesticide has been des-
ignated as a reduced risk pesticide
pursuant to paragraph (9)(C) of this
subsection prior to the expiration of
exclusive use under clause (i).
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Any additional exclusive use period under
subclause (I) or (II) shall terminate if the
original data submitter voluntarily cancels
the original registration of the pesticide
supported by data described in clause (i) of
this subsection. Any additional exclusive
use period under subclause (II) shall ter-
minate if the Administrator revokes the
designation of a pesticide as reduced risk
under paragraph (9)(E) of this sub-
section.’’.
(c) DEFINITION OF BIOLOGICAL PESTICIDE.—Sec-
tion 2 (7 U.S.C. 136) is amended by adding at the end
the following:
‘‘(hh) BIOLOGICAL PESTICIDE.—The term ‘biological
pesticide’ means a biochemical pesticide, plant pesticide,
or any organism that is a biological control agent, includ-
ing a microbial pesticide.’’.
(d) 
CONDITIONAL
REGISTRATION
FOR
NEW
BIOLOGICALS.—Section 3 (c)(7) (7 U.S.C. 136a(c)(7)) is
amended by adding at the end the following:
‘‘(D) The Administrator may conditionally
register a biological pesticide, as that term is
defined by section 2 (7 U.S.C. 136) of this Act,
or a mixture of biological pesticides not con-
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tained in any currently registered pesticide
prior to the development of all data necessary
for the Administrator to determine whether the
pesticide meets the requirements of paragraph
(5) of this subsection. A conditional registration
under this paragraph may be granted for a pe-
riod no longer than is necessary for the genera-
tion, submission and review of required data
and on the condition that by the end of such
period the Administrator receives such data and
the data do not meet or exceed risk criteria
enumerated in regulations issued under this
Act, and on such other conditions as the Ad-
ministrator may prescribe. A conditional reg-
istration under this subparagraph 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 environment,
and that use of the pesticide is in the public in-
terest.’’.
(e) REGISTRATION
PRIORITIES.—Section 3(c) is
amended by adding at the end the following:
‘‘(10) The Administrator shall give priority to
applications in the following order:
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‘‘(A) Applications for registration of any
pesticide that would meet pest control needs
which are currently being addressed through
pesticide use authorized under Section 18 of
this Act.
‘‘(B) Applications which EPA considers
likely to reduce the risk of adverse effects on
the environment from the use of currently reg-
istered pesticides subject to proceedings under
section 6.
‘‘(C) Applications for registration of any
pesticide that meets reduced risk criteria estab-
lished by the Administrator.
‘‘(D) Applications for the registration of
pesticides for minor uses.
‘‘(E) Other applications.’’.
(f) AMENDMENTS TO CONFORM TO CURRENT REG-
ISTRATION PRIORITIES.—
(1) 
Section 
3(c)(3)(B)(ii) 
(7 
U.S.C.
136a(c)(3)(B)(ii)) is amended as follows:
‘‘(ii) In expediting the review of an appli-
cation for an action described in clause (i), the
Administrator shall, to the extent consistent
with the priorities established in subsection
(10),—’’.
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(2) RESEARCH AND INVESTIGATION, MONITOR-
ING, EDUCATION AND INFORMATION.—Section 20 (7
U.S.C. 136r) is amended as follows:
(A) By redesignating subsections (b) and
(c) as (c) and (d), respectively.
(B) By amending subsections (a)–(c) as
follows:—
‘‘SEC. 20. RESEARCH AND INVESTIGATION, MONITORING,
EDUCATION AND INFORMATION.
‘‘(a) COOPERATIVE AGREEMENTS.—The Adminis-
trator may enter into cooperative agreements, interagency
agreements and contracts with, and issue grants to, Fed-
eral, State, tribal and local agencies, other public or pri-
vate agencies, institutions, organizations, and individuals
for research, investigations, studies, demonstrations or
other activities for the purposes of carrying out this Act.
Such activities may include, but are not limited to, re-
search, investigations, demonstrations, and studies in inte-
grated pest management, alternative pest management,
and reduced pesticide use. The Administrator shall consult
with the Secretary of Agriculture in conducting research,
investigations, studies, and demonstrations in integrated
pest management, and with the Secretary of State and
the Administrator of the Agency for International Devel-
opment when international activities are involved.
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‘‘(b) INFORMATION EXCHANGE.—The Administrator,
in cooperation with other Federal, State, Tribal, and local
agencies, universities or others, may promote training,
education and information exchange for the general public
and for pesticide users.’’.
(C) By adding new subsections (e) and (f)
as follows:
‘‘(e) SURVEYS OF INFANTS AND CHILDREN.—The
Secretary of Health and Human Services and the Sec-
retary of Agriculture, in consultation with the Adminis-
trator, shall review the recommendations of the National
Academy of Sciences report, Pesticides in the Diets of In-
fants and Children, and conduct surveys to document die-
tary exposure to pesticides among infants and children
and perform such other research and collect such informa-
tion as they determine would be necessary for the evalua-
tion and implementation of the recommendations.
‘‘(f) DUPLICATION OF ACTIVITIES.—The Adminis-
trator shall ensure that activities conducted under this
section will not result in unnecessary duplication of activi-
ties being undertaken by any other Federal agency or part
of the Environmental Protection Agency.’’.
(3) STATE
AND
TRIBAL
PROGRAM
DEVELOP-
MENT, ENFORCEMENT, AND TRAINING.—Section 23
(7 U.S.C. 136u) is amended as follows:
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‘‘SEC. 23. STATE AND TRIBAL PROGRAM DEVELOPMENT,
ENFORCEMENT, AND TRAINING.
‘‘(a) The Administrator may enter into cooperative
agreements, interagency agreements and contracts with,
and issue grants to, States and Indian tribes—
‘‘(1) to delegate to any State or Indian tribe
the authority to cooperate in the enforcement of this
Act through the use of its personnel or facilities, to
train personnel of the State or Indian tribe to co-
operate in the enforcement of this Act, and to assist
States and Indian tribes in implementing cooperative
enforcement programs;
‘‘(2) to assist States and Indian tribes in devel-
oping and administering State and tribal programs,
and to train and certify applicators consistent with
the standards the Administrator prescribes; and
‘‘(3) to cooperate in the development of national
pesticide programs, including, but not limited to, ef-
forts to protect endangered species, ground water,
the public, workers, and users from pesticide con-
tamination and exposure, and to assist States and
Indian tribes in implementing effective pesticide pro-
grams.
‘‘(b) The Administrator shall, in cooperation with the
Secretary of Agriculture, use the services of the coopera-
tive state extension services to inform and educate pes-
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ticide users about accepted uses and other regulations
made under this Act.’’.
(g) ALTERNATIVE PEST CONTROL STRATEGIES.—
Section 28 (7 U.S.C. 136w) is amended to read:
‘‘(a) IN GENERAL.—
‘‘(1) It shall be the goal of the Secretary, as it
relates to research in pest control methods, to sup-
port research and development of pest control meth-
ods that reduce risks to human health and the envi-
ronment. The purpose of such research shall be to
achieve pest management in the most environ-
mentally sound manner possible, to reduce the inci-
dence of pest resistance, and to develop sufficient
pest management alternative to ensure economical
agricultural production.
‘‘(2) In support of (1), the following activities
shall be pursued:
‘‘(A) COMPARATIVE INFORMATION ON PES-
TICIDE
PROPERTIES.—The Administrator, in
consultation with the Secretary of Agriculture,
shall develop and make readily available infor-
mation that identifies the significant environ-
mental properties and potential human health
effects of pesticides, provides for comparison
and analysis of those properties, and provides
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information necessary to assist in establishing
priorities for research and development of alter-
native pest management methods.
‘‘(B) EVALUATION OF EFFECTIVENESS OF
PEST
CONTROL
METHODS.—The Secretary of
Agriculture, in coordination and cooperation
with the Administrator, shall develop a system
for evaluating agricultural pest control needs
and the effectiveness of available chemical, bio-
logical, and non-pesticide methods to control
pests. Such system shall identify agricultural
pest management needs for which there are in-
adequate methods of control including the inci-
dence of pest resistance and provide a means to
assist in setting priorities for research and de-
velopment.
‘‘(C) RESEARCH
PRIORITIES.—The Sec-
retary of Agriculture, after consultation with
the Administrator, and taking into account pri-
vate, academic, and other public research activi-
ties, shall establish priorities for the Depart-
ment of Agriculture’s research and development
efforts in pest management methods. The Sec-
retary shall give highest priority to research
and development of methods that would signifi-
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cantly reduce risks to public health and the en-
vironment and would meet agricultural pest
management needs for which there are inad-
equate methods of control. The highest priority
shall be for research and development into
methods that would meet the criteria stated
above and would provide pest control methods
to serve as alternatives to pesticides identified
in (b).
‘‘(b) SAFER ALTERNATIVE PEST CONTROL PLANS.—
The Secretary and the Administrator, in consultation with
the Secretary of the Interior, shall develop and implement
a process for coordinating environmental risk reduction
through identification of pesticides that pose significant
risk to human health or the environment, and for which
development of use reduction programs and research on
safer alternative means of pest control should be high pri-
ority for USDA research programs. The Secretary shall
give highest priority to research on methods that would
significantly reduce risks to public health and the environ-
ment, lead to more sustainable agricultural systems, and
would meet significant agricultural pest management
needs for which there are inadequate methods of pest
management.
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‘‘(1) LIST OF PESTICIDES.—The Administrator
shall identify and provide to the Secretary of Agri-
culture, within six months of enactment and annu-
ally thereafter, a list of agricultural use pesticides—
‘‘(A) for which the Administrator is consid-
ering regulatory action under section 4 or 6
that would affect the availability of the pes-
ticide. Such list shall include the associated ag-
ricultural commodities and pests which may be
affected by regulatory action regarding the pes-
ticide;
‘‘(B) which otherwise pose significant risks
to human health and the environment; and
‘‘(C) for which there exists significant in-
stances of pest resistance.
‘‘(2) DEVELOPMENT OF PLANS.—The Secretary
shall review all available alternatives to the pes-
ticides contained in the list provided in (b)(1). Not
later than 6 months after the Administrator provides
the list to the Secretary, the Secretary shall, in con-
sultation with the Administrator, develop a research
technology transfer plan for each pest-commodity
combination on the list for which there are insuffi-
cient efficacious alternative pest control techniques
that present significantly less risk to human health
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or the environment. In developing and implementing
such plans, the Secretary shall give highest priority
to those pesticides identified in subsection (b)(1)(A).
‘‘(A) The objectives of each plan shall be—
‘‘(i) to provide alternative pest control
methods to growers who will otherwise be
limited in the pest control methods avail-
able; and
‘‘(ii) to significantly reduce risks to
humans and the environment.
‘‘(B) Each plan shall be developed and im-
plemented in a manner consistent with any
schedules for regulatory action in sections 4
and 6.
‘‘(c) RESEARCH.—The research component of each
plan shall—
‘‘(1) identify all ongoing research which could
support the strategy and establish priorities for re-
search to be undertaken pursuant to the plan; and
‘‘(2) provide for the direct involvement of grow-
ers in affected regions, educational or research insti-
tutions, and other interested persons in the design,
implementation, and evaluation of the plan; and
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‘‘(3) give priority to research in cultural pest
controls, biological pest controls, and other non-
chemical pest controls.
‘‘(d) TECHNOLOGY
TRANSFER.—The technology
transfer component of each plan shall—
‘‘(1) be developed with direct involvement of af-
fected growers, educational or research institutions,
and other interested persons;
‘‘(2) provide for farm level education and tech-
nology transfer of successful alternative pest con-
trols; and
‘‘(3) identify research projects nearing comple-
tion which meet the objectives of this subsection and
expedite technology transfer of such research to
growers.’’
‘‘(e) COORDINATION WITH REGISTRATION ACTIVI-
TIES.—The Administrator shall give priority to applica-
tions of any pesticide meeting the criteria for reduced risk
under section 9 that may be developed as part of the strat-
egy implementation;
‘‘(f) IMPLEMENTATION PLAN.—The Secretary and
the Administrator shall prepare annually and present to
the House Agriculture Committee and the Senate Agri-
culture, Nutrition, and Forestry Committee report on the
progress of pest management for each agricultural com-
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modity for which there is a plan under paragraph (2). The
report shall include an evaluation of whether the plans are
meeting the objectives of paragraph (2). Evaluation shall
be conducted by a committee that includes affected grow-
ers, researchers, members of the public, and officials of
USDA and EPA. The Secretary and the Administrator
shall make necessary modifications to the plans, pursuant
to such evaluation.
‘‘(g) USE OF RESEARCH FUNDS.—
‘‘(1) The Secretary shall allocate sufficient ap-
propriated funds to carry out the objectives of this
section.
‘‘(2) The Secretary may provide funds to carry
out research and technology transfer plans to which
grower funds have been committed, including grower
check-off programs, marketing orders, or other
grower funded activities. The Secretary shall give
priority to research which is partially funded by non-
Federal entities. No monies under this section may
be made available to persons directly or indirectly
engage in the registration of pesticides under this
Act for profit.
‘‘(h) DUPLICATION OF RESEARCH ACTIVITIES.—The
Secretary shall ensure that research conducted under this
section does not duplicate research being undertaken by
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other government agencies, academic institutions, or pri-
vate entities.
‘‘(i) INTEGRATED PEST MANAGEMENT.—The Sec-
retary of Agriculture, in consultation and cooperation with
the Administrator, shall establish a national goal for the
adoption of integrated pest management techniques. Inte-
grated pest management refers to the use of pest manage-
ment techniques that includes reliance on field monitoring
data, use of economic thresholds in decision-making, con-
servation of beneficial and non-target species, utilization
of biologically based controls, and other techniques which
minimize the environmental and human health risks of
pest management practices. The Secretary of Agriculture,
in cooperation with the Administrator, shall implement re-
search, demonstration, and education programs to support
meeting the goals for adoption of integrated pest manage-
ment, and shall collect such information as necessary to
evaluate the extent to which the goal is being met. The
Secretary of Agriculture and the Administrator shall make
information on integrated pest management widely avail-
able to pesticide users, including Federal agencies. Federal
agencies shall use integrated pest management techniques
in carrying out pest management activities and shall pro-
mote integrated pest management through procurement,
regulatory policies, and other activities.
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‘‘(j) USE REDUCTION.—The Secretary, in coopera-
tion with the Administrator, shall initiate pilot programs
designed to establish and implement pesticide use reduc-
tion goals in selected ecosystems, in cooperation with agri-
cultural producers, Federal, State, and local officials, and
other appropriate public and private entities.’’.
SEC. 10. MINOR USE OF PESTICIDES.
(a) DEFINITION.—Section 2(7 U.S.C. 136) is amend-
ed by adding at the end the following:
‘‘(ii) MINOR USE.—The term ‘minor use’ means the
use of a pesticide on a commercial agricultural crop, on
an animal, or for the protection of public health, for which
the Administrator determines that—
‘‘(1) the total United States acreage for the
crop is less than 300,000 acres and the average an-
nual value of production for the crop for the three
calendar years most recently completed does not ex-
ceed $500,000,000 adjusted upward annually for in-
flation utilizing the Producer Price Index for Farm
Products; or
‘‘(2) based on information supplied by the ap-
plicant, the use does not provide sufficient economic
incentive to support initial or continued registration
and one of the following criteria applies:
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‘‘(A) there are insufficient efficacious alter-
native registered pesticides available for the
use;
‘‘(B) the alternatives to the pesticide pose
greater risks to the environment or human
health; or
‘‘(C) the pesticide plays a significant part
in managing pest resistance.’’.
(b) ADEQUATE TIME FOR SUBMISSION OF MINOR
USE DATA.—Section 4 (7 U.S.C. 136a) is amended by
adding at the end the following:
‘‘(m) ADEQUATE TIME FOR SUBMISSION OF MINOR
USE DATA.—
‘‘(1) If—
‘‘(A) A registrant requests a waiver, within
time frames and in accordance with the terms
established by the Administrator for a minor
use waiver of data required under this section
or section 3(c)(2)(B); and
‘‘(B) The Administrator denies in whole or
in part such waiver request;
the registrant shall have the time period originally
established by the Agency for submission of such
data, beginning with the date of the Administrator’s
notification of denial.
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‘‘(2) If a registrant requests additional time,
within time frames and in accordance with the terms
established by the Administrator, for submission of
residue chemistry data for one or more minor food
uses, the Administrator may approve a time exten-
sion for submission of such data until the final dead-
line, established as of the date of the approval of the
request, for the submission of the last data required
to support reregistration of the pesticide active in-
gredient.
‘‘(n) CONTINUATION
OF
UNSUPPORTED
MINOR
USES.—
‘‘(1) Notwithstanding any other provision of
this section, the Administrator, on request of a reg-
istrant, may delay action to delete a minor food or
feed use for which the registrant has not agreed to
timely submit residue data necessary for reregistra-
tion under this section: Provided, That, the Adminis-
trator may approve such delay only if the registrant
continues to timely submit all other data necessary
for reregistration and provided that the delay would
not increase the risk of unreasonable adverse effects
on the environment or impair the Administrator’s
ability to make the determination required by sub-
section (g)(2). Such delay shall extend no longer
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than the final deadline, established as of the date of
the approval of the request, for the submission of
data for the continued uses of the active ingredient.
‘‘(2) The Administrator shall publish in the
Federal Register notice of minor uses that are ap-
proved for continued use, and the date upon which
such will be deleted from the pesticide registrations.
Each registrant must cease all distribution and sale
of products labeled for the minor use on the estab-
lished date.
‘‘(3) The Administrator may by order and with-
out hearing delete a use continued under this sub-
section at any time prior to the established date if
no registrant is fulfilling data requirements (other
than residue chemistry data) necessary for rereg-
istration, or if the Administrator determines that the
delay may increase the risk of unreasonable adverse
effects on the environment or significantly impair
the ability to make the determination required by
subsection (g)(2). If the registrant does not comply
with the order to remove the use from its product
registrations, the Administrator shall cancel reg-
istrations containing the use by order without a
hearing.
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‘‘(o) AUTHORIZATION OF FUNDS TO DEVELOP PUB-
LIC HEALTH DATA.—
‘‘(1) For the purposes of this section, Secretary
means the Secretary of Health and Human Services,
acting through the Public Health Service.
‘‘(2) In the case of a pesticide registered for use
in public health programs for vector control or for
other uses the Administrator determines to be
human health protection uses, the Administrator
shall, upon timely request by the registrant or any
other interested person, or on the Administrator’s
own initiative may, consult with the Secretary prior
to taking final action to suspend registration under
section 3(c)(2)(B)(iv), or cancel a registration under
sections 4, 6(e), or 6(f). In consultation with the
Secretary, the Administrator shall prescribe the
form and content of requests under this section.
‘‘(3) The Administrator, after consulting with
the Secretary, shall make a determination whether
the potential benefits of continued use of the pes-
ticide for public health or health protection purposes
are of such significance as to warrant a commitment
by the Secretary to conduct or to arrange for the
conduct of the studies required by the Administrator
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to support continued registration under section 3 or
reregistration under section 4.
‘‘(4) If the Administrator determines that such
a commitment is warranted and in the public inter-
est, the Administrator shall notify the Secretary and
shall, to the extent necessary, amend a notice issued
under section 3(c)(2)(B) to specify additional rea-
sonable time periods for submission of the data.
‘‘(5) The Secretary shall make such arrange-
ments for the conduct of required studies as the Sec-
retary finds necessary and appropriate to permit
submission of data in accordance with the time peri-
ods prescribed by the Administrator. Such arrange-
ments may include, but are not limited to, Public
Health Service intramural research activities, grants,
contracts, or cooperative agreements with academic,
public health, or other organizations qualified by ex-
perience and training to conduct such studies.
‘‘(6) The Secretary may provide for support of
the required studies using funds authorized to be ap-
propriated under this section, the Public Health
Service Act, or other appropriate authorities. After
a determination is made under subsection (d), the
Secretary shall notify the Committees on Appropria-
tions of the House of Representatives and the Sen-
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ate of the sums required to conduct the necessary
studies.
‘‘(7) There is authorized to be appropriated to
carry out the purposes of this section $12,000,000
for fiscal year 1993, and such sums as may be nec-
essary for succeeding fiscal years.’’.
SEC. 11. PESTICIDE FEES.
(a) WAIVER
OF
FEES
FOR
BIOLOGICAL
PES-
TICIDES.—Section 
4(i)(4) 
(U.S.C. 
136a–1(i)(4)) 
is
amended by:
(1) renumbering subparagraph (C) as subpara-
graph (D); and
(2) adding the following new subparagraph (C):
‘‘(C) A biological pesticide the value or vol-
ume of use of which is small, shall be exempt
from the fees prescribed by paragraphs (1), (2),
and (3).’’.
(b) CONTINUATION OF MAINTENANCE FEES.—Sec-
tion 4(i)(5)(E) (U.S.C. 136a–1(4)(i)(5)(E)) is amended to
read as follows:
‘‘(E) The authority provided under this
paragraph shall terminate on September 30,
1999.’’.
(c) CONFORMING AMENDMENTS.—
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(1) Section 4(i)(6) (U.S.C. 136a–1 (4)(i)(6) is
repealed, and subsection (7) is renumbered as sub-
section (6).
(2) Section 4(i) (U.S.C. 136a–1 (4)(i) is
amended to add at the end the following:
‘‘(7) SUPPLEMENTAL REREGISTRATION FEE.—
‘‘(A) In addition to fees required pursuant
to paragraphs (1)–(5), the registrants of pes-
ticides that contain an active ingredient that is
listed under subparagraphs (A), (B), (C), or
(D) of subsection (c)(2) and that is an active
ingredient of any pesticide registered for a
major food or feed use shall collectively pay a
fee of up to $120,000 at such time as the Ad-
ministrator shall prescribe subject to the limita-
tion of subparagraph (C).
‘‘(B) In addition to fees required pursuant
to paragraphs (1)–(5), the registrants of pes-
ticides that contain an active ingredient that is
listed under subparagraphs (A), (B), (C), or
(D) of subsection (c)(2) and that is not an ac-
tive ingredient of any pesticide registered for a
major food or feed use shall collectively pay a
fee of up to $60,000 at such time as the Ad-
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ministrator shall prescribe subject to the limita-
tion of subparagraph (D).
‘‘(C) The first half of the total fee due
under subparagraph (A) or (B) shall be paid
not later than nine months after the effective
date of this paragraph and the remaining half
not later than 21 months after the effective
date of this paragraph.
‘‘(D) If 2 or more registrants are required
to pay any fee prescribed by subparagraph (A)
or (B) with respect to a particular active ingre-
dient, the fees for such active ingredient shall
be apportioned among such registrants on the
basis of the market share in United States sales
of the active ingredient for the calendar years
1990 through 1992; Provided, That no fee shall
be collected from registrants owing less than
$100.
‘‘(E) The Administrator, by order, may re-
quire any registrant to submit such reports as
the Administrator determines to be necessary to
allow the Administrator to determine and ap-
portion fees under subparagraph (A) or (B),
and (D), or to determine the registrant eligi-
bility for a reduction or waiver of a fee.
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‘‘(F) If a report required under subpara-
graph (E) is not submitted by a registrant by
the time prescribed, or if any fee prescribed by
subparagraph (A) or (B) for an active ingredi-
ent is not paid by a registrant to the Adminis-
trator by the time prescribed, the Adminis-
trator, by order and without hearing, may can-
cel each registration held by such registrant of
a pesticide containing the active ingredient with
respect to which the reporting requirement or
fee is imposed.
‘‘(G) An active ingredient that is contained
only in pesticides that are registered solely for
agricultural or non-agricultural minor uses, or a
pesticide the value or volume of use of which is
small, shall be exempt from the fees prescribed
by subparagraph (B).
‘‘(H) A biological pesticide shall be exempt
from the fees prescribed by subparagraphs (A)
and (B).
‘‘(8) PESTICIDE
PRODUCT
REREGISTRATION
FEE.—
‘‘(A) For all determinations pursuant to
subsection (g)(2) that a pesticide is eligible for
reregistration, the registrant of that pesticide
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shall pay a fee of $750 for each affected prod-
uct.
‘‘(B) The amount of the fee prescribed
under subparagraph (A) may be adjusted by
the Administrator to a level that will result in
the collection under this paragraph of, to the
extent practicable, an aggregate amount of at
least $4,000,000, over 4 years after enactment.
‘‘(C) If any fee prescribed by this para-
graph is not paid within 90 days of the reg-
istrant’s receipt of the reregistration eligibility
determination specified in section 4(g)(2), or
within 270 days after enactment of this sub-
paragraph, whichever is later, the Adminis-
trator, by order and without hearing, may can-
cel the current registration and deny reregistra-
tion for the pesticide for which the fee is not
paid.
‘‘(D) In the case of a pesticide that is reg-
istered for a minor agricultural use or the value
of volume of use of which is small, the Adminis-
trator may reduce or waive the payment of the
fee imposed under this paragraph if the Admin-
istrator determines that the fee would signifi-
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cantly reduce the availability of the pesticide for
the use.
‘‘(E) The cumulative maximum fees pay-
able by a single registrant under this paragraph
shall be $75,000. A registrant shall be required
to pay no more than one fee for each product.’’.
SEC. 12. USE-BY-PRESCRIPTION.
Section 3 (d)(1)(C)(ii) (7 U.S.C. 136a (d)(1)(C)(ii))
is amended and subsection (iii) is added at the end:
‘‘(ii) If the Administrator classifies a
pesticide, or one or more uses of a pes-
ticide, for restricted use because of a deter-
mination that its use without additional
regulatory restriction may cause unreason-
able adverse effects on the environment,
the pesticide shall be applied only by or
under the direct supervision of a certified
applicator, or subject to such other restric-
tions as the Administrator may provide by
regulation. A restricted use classification
or a change in classification of any use of
a pesticide from general to restricted use
established by rule under this clause shall
not be subject to the provisions of section
6(b).
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‘‘(iii) The Administrator may include
a provision in a rule issued pursuant to
subsection (ii) restricting a pesticide to use
only by prescription if the Administrator
determines that retaining the use of a pes-
ticide subject to such restriction is nec-
essary for integrated pest management
programs, pest resistance programs, or
otherwise to reduce risk. If the Adminis-
trator includes such a provision in a rule
issued pursuant to paragraph (ii), the Ad-
ministrator shall (I) prohibit the use of the
pesticide in any State for which the State
has not developed, in accordance with cri-
teria established by the Administrator, an
appropriate State prescription use plan, or
(II) establish criteria for issuing pesticide
use prescriptions, and may authorize per-
sons qualified under such criteria to issue
prescriptions pursuant to the rule.’’.
SEC. 13. JUDICIAL REVIEW.
REVIEW BY COURTS OF APPEALS.—Section 16(b) (7
U.S.C. 136n(b)) and section 16(c) (7 U.S.C. 136n(c)) are
amended to read as follows:
‘‘(b) REVIEW BY COURTS OF APPEALS.—
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‘‘(1) REVIEW IN THE DISTRICT OF COLUMBIA
CIRCUIT.—A petition for review of any of the follow-
ing actions of the Administrator may be filed by any
adversely affected person only in the United States
Court of Appeals for the District of Columbia Cir-
cuit:
‘‘(A) The promulgation of any regulations
by the Administrator under this Act, or a final
determination maintaining in effect a final rule
under section 6(i)(5)(A(iii) of this Act.
‘‘(B) A final order of the Administrator
canceling or suspending a pesticide registration
in whole or in part or concluding that a pes-
ticide registration should not be canceled or
suspended.
‘‘(C) A final order of the Administrator ap-
proving or denying an application for a pes-
ticide registration.
‘‘(D) A final order of the Administrator
changing the classification of any use of a pes-
ticide.
‘‘(E) A final order of the Administrator re-
sponding to objections to a notice requiring
changes in the labeling, packaging, or composi-
tion of a pesticide.
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‘‘(F) A final order of the Administrator de-
nying a petition seeking to suspend or cancel a
pesticide registration, to deny an application for
a registration, to reconsider whether a registra-
tion should be suspended, or to change the clas-
sification of a pesticide.
‘‘(G) A final determination of the Adminis-
trator to renew a pesticide registration under
section 3(g)(4).
‘‘(H) A final determination of the Adminis-
trator resulting in the expiration of a registra-
tion under section 3(g)(5).
‘‘(I) A final order issuing or denying an
emergency exemption to a Federal agency.
‘‘(2) REVIEW
BY
OTHER
COURTS
OF
AP-
PEALS.—A petition for review of any of the following
actions of the Administrator may be filed by any ad-
versely affected person only in the United States
court of appeals for the circuit in which the State
in question is located or in which a hearing assess-
ing a civil penalty occurred:
‘‘(A) A final order following a hearing as-
sessing a civil penalty.
‘‘(B) A final order of the Administrator de-
termining that a State shall have primary en-
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be in accordance with sections 701 through 706 of
title 5 of the United States Code, and the challenged
action shall be sustained unless it is found to be ar-
bitrary, capricious, an abuse of discretion, or not in
accordance with law. Actions of the Administrator
with respect to which review could have been ob-
tained under this subsection shall not be subject to
judicial review in civil or criminal proceedings for
enforcement.
‘‘(4) IMMINENT HAZARD SUSPENSION.—Any pe-
tition for review under paragraph (1) of a suspen-
sion order or denial of a petition to reconsider sus-
pension issued by the Administrator pursuant to sec-
tion 6(c) of this Act must be filed within ten (10)
days of publication of the suspension order in the
Federal Register, or, in the case of a challenge of
the denial of a petition to reconsider suspension,
within twenty (20) days of publication of the Admin-
istrator’s order denying the petition for reconsider-
ation. The commencement of proceedings under this
paragraph shall not operate as a stay of the suspen-
sion order unless otherwise ordered by the court.
The effect of any order of the court of appeals will
be only either to stay or uphold the effectiveness of
the suspension order, pending the Administrator’s
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final determination with respect to cancellation. Re-
view of a suspension order issued pursuant to sec-
tion 6(c)(1), or review of the petitioner’s likelihood
of success on the merits of the case pursuant to a
request for a temporary stay from the suspension
order, shall be based solely on the information avail-
able to the Agency as of the date the Administrator
issued the suspension order. Other information not
available to the Administrator in issuing the suspen-
sion order under section 6(c)(1) may be introduced
solely through the procedures for reconsideration of
a suspension order set forth in section 6(c)(4).
‘‘(c) JURISDICTION OF DISTRICT COURTS.—The dis-
trict courts of the United States are vested with jurisdic-
tion over—
‘‘(1) actions to enforce, and to prevent and re-
strain violations of, this Act; and
‘‘(2) challenges to any other final actions that
are not committed to the Administrator’s discretion
by law and which are not subject to review in the
courts of appeals under subsection (a) of this sec-
tion.’’.
SEC. 14. INDEMNIFICATION.
INDEMNIFICATION.—Section 15 (7 U.S.C. 136m) is
amended by adding at the end the following:
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‘‘(d) TIME LIMITATION FOR INDEMNITY PAYMENT.—
Any claim for an indemnity payment from the United
States under subsection (a) or (b) shall be barred unless
it is made no later than—
‘‘(1) 1 year after enactment of this subsection
if the pesticide was canceled prior to the enactment
of this subsection (date); or
‘‘(2) 3 years after cancellation if the pesticide
was canceled after the enactment of this sub-
section.’’.
SEC. 15. CERTIFICATION AND TRAINING.
INSTRUCTION IN INTEGRATED PEST MANAGEMENT
TECHNIQUES.—Section 11(c) (7 U.S.C. 136i(c)) is
amended to read as follows:
‘‘(c) INSTRUCTION IN INTEGRATED PEST MANAGE-
MENT TECHNIQUES.—Standards prescribed by the Ad-
ministrator for the certification of applicators of pesticides
under subsection (a), and the State plans submitted to the
Administrator under subsections (a) and (b), shall include
provisions for making instructional materials concerning
integrated pest management techniques available to indi-
viduals at their request in accordance with the provisions
of section 23(c) of this Act. The Administrator and States
implementing such plans shall provide that all interested
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individuals are notified of the availability of such instruc-
tional materials.’’.
SEC. 16. PESTICIDE RECORDKEEPING.
Section 7 U.S.C. 136i–1(a) is amended as follows:
(1) In subsection (1), by striking ‘‘certified ap-
plicators’’ through ‘‘136a(d)(1)(C) of this title’’ and
inserting ‘‘users of pesticides when used in agricul-
tural production’’.
(2) In subsection (2), by striking ‘‘a commercial
certified’’ and inserting ‘‘a pesticide user’’.
(3) In subsection (b), by striking ‘‘individual
applicators’’ and inserting ‘‘individual users’’.
SEC. 17. ENFORCEMENT.
(a) DEFINITIONS.—
(1) Section 2(e) (7 U.S.C. 136e) is amended as
follows:
‘‘(e) APPLICATOR.—
‘‘(1) CERTIFIED APPLICATOR.—The term ‘cer-
tified applicator’ means any individual who is cer-
tified under section 136b of this title as authorized
to use or supervise the use of any pesticide which is
classified for restricted use. Any applicator who
holds or applies registered pesticides, or uses dilu-
tions of registered pesticides consistent with sub-
section (ee) of this section, only to provide a service
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of controlling pests without delivering any unapplied
pesticide to any person so served is not deemed to
be a seller or distributor of pesticides under this
subchapter.
‘‘(2) COMMERCIAL APPLICATOR.—
‘‘(A) Except as provided in subparagraph
(3), the term ‘commercial applicator’ means a
person who—
‘‘(i) uses or supervises the use, for
any purpose or on any property, of any
pesticide that is classified for restricted
use;
‘‘(ii) uses or supervises the use of any
pesticide for hire as a principal part of the
business or work of the person; or
‘‘(iii) as an employee of a person de-
scribed in clause (ii), uses or supervises the
use of any pesticide.
‘‘(3) PRIVATE APPLICATOR.—The term ‘private
applicator’ means a person who uses or supervises
the use of any pesticide that is classified for re-
stricted use for purposes of producing any agricul-
tural product—
‘‘(A) On property owned or rented by such
person or the employer of such person; or
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‘‘(B) On other property if applied without
compensation (other than trading of personal
services between producers of agricultural prod-
ucts).
‘‘(4) UNDER THE DIRECT SUPERVISION OF A
CERTIFIED
APPLICATOR.—Unless otherwise pre-
scribed by its labeling, a pesticide shall be consid-
ered to be used under the direct supervision of a cer-
tified applicator if the pesticide is applied by a per-
son acting under the instructions and control of a
certified applicator who is available if and when
needed, even though such certified applicator is not
physically present at the time and place the pesticide
is used.’’.
(2) Section 2 (7 U.S.C. 136) is amended by
adding at the end the following:
‘‘(jj) PESTICIDE TESTING FACILITY.—The term ‘pes-
ticide testing facility’ means any place where any person
conducts any test, study, survey, or investigation of the
properties, effects, or behavior of any pesticide (or any in-
gredient, metabolite, or degradation product thereof), de-
vice, or container or packaging of any pesticide or device,
on its own behalf or on behalf of any registrant, applicant
for registration, or other person who sells or distributes
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the pesticide. The term does not include any place solely
on account of—
‘‘(1) the participation of a commercial agricul-
tural producer as a cooperator in field testing of a
pesticide; or
‘‘(2) the conduct of academic research at the
facility.
‘‘(kk) PESTICIDE DEALER.—the term ‘pesticide deal-
er’ means any person who, in the ordinary course of busi-
ness, distributes, or sells any pesticide.
‘‘(ll) AGRICULTURAL PRODUCER.—The term ‘agricul-
tural producer’ as used in this Chapter means a person
who produces any plant, or part thereof, or animal, or ani-
mal product, primarily for sale, consumption, propagation,
or other use by humans or animals, including farmers,
ranchers, vineyardists, plant propagators, Christmas tree
growers, aquaculturalists, floriculturalists, orchardists,
foresters, or other comparable persons, but not including
C corporations as defined in 26 U.S.C. 1362(a)(2).’’.
(b) RECORDKEEPING.—Section 8 (7 U.S.C. 136f) is
amended to read as follows:
‘‘SEC. 8. RECORDS.
‘‘(a) AUTHORITY TO REQUIRE RECORDS.—
‘‘(1) IN GENERAL.—The Administrator, by reg-
ulation, shall require any producer, distributor, im-
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porter, or exporter of a pesticide, registrant, appli-
cant for registration, applicant for or holder of an
experimental use permit, pesticide testing facility, or
any holder of a pesticide that is the subject of a reg-
ulation or order issued under section 19(b) or under
subsection 106—
‘‘(A) to prepare, and to maintain for rea-
sonable periods of time, such records as the Ad-
ministrator finds to be necessary for the effec-
tive implementation or enforcement of this Act;
‘‘(B) to furnish to the Administrator re-
ports stating the location where the records are
maintained; and
‘‘(C) to furnish a copy of any such record
to the Administrator on written request.
‘‘(2) RECORDS
OF
COMMERCIAL
APPLICA-
TORS.—The Administrator, by regulation, shall re-
quire each commercial applicator to maintain, and
may require a commercial applicator to provide the
Administrator, records of each pesticide application,
including the identity and quantity of pesticide ap-
plied and the date and location of such application,
for a period of 5 years after each such application.
‘‘(3) RECORDS OF PESTICIDE DEALERS.—
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‘‘(A) IN GENERAL.—The Administrator, by
regulation, shall require each pesticide dealer to
maintain a record of each sale or distribution
of—
‘‘(i) a pesticide classified for restricted
use; and
‘‘(ii) any other pesticide designated
for purposes of this subsection by order by
the Administrator if the Administrator de-
termines that such records may be nec-
essary to carry out the purposes of this
Act.
‘‘(B) CONTENTS.—Such records shall in-
clude the identity of the pesticide sold or dis-
tributed, the identify of the person to whom the
pesticide was distributed or sold, the date of the
distribution or sale, and the amount of the pes-
ticide distributed or sold.
‘‘(C) DURATION.—A pesticide dealer shall
maintain the records required under this sub-
section for 5 years after the date of the dis-
tribution or sale.
‘‘(b) LIMITATIONS.—The Administrator may not,
under the authority of subsection (a), require any person
to maintain records of—
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‘‘(1) financial data, pricing data, or sales data
other than shipment data;
‘‘(2) personnel data, except for data concerning
exposure of employees to pesticides or ingredients of
pesticides, or concerning health effects on employees
that could reasonably be attributable to such expo-
sure; or
‘‘(3) research or test data other than—
‘‘(A) data relating to a registered pesticide;
‘‘(B) data relating to any pesticide for
which an application for registration or for an
experimental use permit has been filed;
‘‘(C) data relating to any pesticide for
which an exemption pursuant to section 18 has
been requested;
‘‘(D) data relating to any pesticide for
which a regulation has been promulgated pursu-
ant to section 3(a);
‘‘(E) data relating to testing at a pesticide
testing facility; or
‘‘(F) data relating to the storage or dis-
posal of a pesticide whose registration has been
suspended or canceled.’’.
(c) INSPECTION AUTHORITY.—Section 9 (7 U.S.C.
136g) is amended to read as follows:
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‘‘(a) AUTHORITY TO ENTER, INSPECT, COPY, AND
OBTAIN SAMPLES.—An officer or employee of the United
States or of any State, duly designated by the Adminis-
trator, is authorized at reasonable times as provided by
this section—
‘‘(1) to enter and inspect—
‘‘(A) any place where any pesticide, active
ingredient, or device is produced, sold, distrib-
uted, stored, packaged, used, or found;
‘‘(B) any place where any records required
under this Act are kept;
‘‘(C) any pesticide testing facility;
‘‘(D) any place where such officer or em-
ployee has reason to believe that this Act has
been or is being violated; or
‘‘(E) any place when the Administrator or
States seek information as part of an inquiry
into specific environmental or health problems.
‘‘(2) to obtain—
‘‘(A) samples of any pesticide (or any in-
gredient, metabolite, or degradation product
thereof) or device, or any container or packag-
ing of any pesticide or device;
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‘‘(B) copies of any records required under
this Act or of any labels or labeling of a pes-
ticide, active ingredient, or device;
‘‘(C) copies of documents related to com-
pliance with the provisions of this Act;
‘‘(D) copies of any data or samples of any
specimens involved in the testing of any pes-
ticide (or any ingredient, metabolite, or deg-
radation product thereof) or device; or
‘‘(E) samples of any places where pesticide
residues may be found, including without limi-
tation, agricultural commodities, animals, pests,
soil, or water:
Provided, That, nothing in this Act shall be construed as
authorizing officers or employees of the United States or
of any State to enter and inspect private residences or
land, property, and appurtenances used in agricultural
production unless there is a suspected violation of this Act
or the Administrator or any State is seeking information
as part of an inquiry into specific environmental or health
problems.
‘‘(b) ADMINISTRATIVE WARRANTS.—An officer or
employee of the United States or of any State, duly au-
thorized by the Administrator, is empowered to obtain and
execute warrants authorizing—
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‘‘(1) entry, inspection, and obtaining of evi-
dence for the purposes of this section or section 8;
‘‘(2) inspection and copying of all records re-
quired under this Act or documents related to com-
pliance with the provisions of this Act; and
‘‘(3) seizure of any pesticide, device, active in-
gredient, labeling, or packaging that is in violation
of this Act.
‘‘(c) PROCEDURE.—
‘‘(1) CREDENTIALS AND STATEMENTS.—Before
any entry or inspection of any premises not open to
the general public is made under this section, the
person conducting the inspection shall present to the
person in charge of the premises appropriate creden-
tials, and written statement of the reason for the
entry or inspection and whether a violation of this
Act is suspected.
‘‘(2) PROMPTNESS.—Each entry or inspection
shall be commenced and completed with reasonable
promptness.
‘‘(3) SAMPLES.—If the person conducting the
entry or inspection obtains any samples pursuant to
subparagraph 9(a)(2), before leaving the premises
such person shall give to the person in charge of the
premises a receipt describing the sample and, if re-
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quested and practicable, a portion of each such sam-
ple equal in volume or weight to the portion re-
tained. If an analysis is made of any such sample,
a copy of the results of such analysis shall be fur-
nished on request to the person in charge of the
premises.
‘‘(d) COORDINATION.—The Administrator shall co-
ordinate actions taken under this section with actions
taken under other Federal laws for the purpose of avoiding
duplication of inspections.’’.
(d) CONFIDENTIAL
BUSINESS
INFORMATION
TO
STATES.—Section 10 (7 U.S.C. 136h) is amended by add-
ing at the end the following:
‘‘(h) DATA DISCLOSURE TO STATES.—The Adminis-
trator may disclose to a State any data or information
acquired under this Act if the State assures the Adminis-
trator, and the Administrator determines, that—
‘‘(1) the submitter of the data or information
will receive no less protection with respect to the dis-
closure and use of the data or information by the
State than is otherwise provided by this Act; and
‘‘(2) the laws of the State allow the submitter
of the data or information to recover just compensa-
tion in a civil action against the State for losses re-
sulting from the disclosure or use of the data or in-
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formation by the State or its employees or agents in
a manner inconsistent with this Act.’’.
(e) UNLAWFUL ACTS.—
(1) Section 12(a)(1) (7 U.S.C. 135j(a)(1)) is
amended to read as follows:
‘‘(a) IN GENERAL.—
‘‘(1) Except as provided in subsection (b), it
shall be unlawful for any person in any State to fail
or refuse to comply with any rule promulgated or
order issued under section 3, 4, or 8 of this Act, or
to distribute or sell to any person—’’.
(2) 
Section 
12(a)(2)(B) 
(7 
U.S.C. 
136j
(a)(2)(B)) is amended to read as follows:
‘‘(B) to refuse to—
‘‘(i) prepare, maintain, or submit any
records required by or under section 5, 7,
8, 11, 17, or 19;
‘‘(ii) submit any reports required by
or under section 5, 6, 7, 8, 11, 17, or 19;
or
‘‘(iii) allow any entry, inspection,
copying of records, or sampling authorized
by this Act.’’.
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(3) Sections 12 (a)(2)(I), (M), (N), and (O) (7
U.S.C. 136j (a)(2)(I), (M), (N), (O)) are amended
to read as follows:
‘‘(I) to violate any order or subpoena is-
sued under section 13;
‘‘(M) to knowingly make any false material
statement, representation or certification in, fail
to maintain, omit material information from, or
alter, conceal, or fail to file, any notice, applica-
tion, record, report, or other document or infor-
mation required pursuant to this Act to be sub-
mitted, filed, or maintained (whether such re-
quirement is imposed by the Administrator or
by a State);
‘‘(N) who is a registrant, wholesaler, deal-
er, retailer, or other distributor, commercial ap-
plicator, or private applicator, to fail to file re-
ports required by this Act;
‘‘(O) to violate any regulation issued pur-
suant to this Act.’’.
(4) Section 12(a)(2) (7 U.S.C. 136j (a)(2)) is
amended by adding at the end the following;
‘‘(U) who is a registrant, to violate any
term or condition of a registration issued pur-
suant to this Act;
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‘‘(V) to violate any administrative order is-
sued pursuant to section 14(b) of the Act;’’.
(5) Section 12 (7 U.S.C. 136 (j)) is amended
by adding at the end of the following:
‘‘(c) ACTS OF OFFICERS, AGENTS, ETC.—When con-
struing and enforcing the provisions of this Act, the act,
omission, or failure of any officer, employee, agent, or
other person acting for or employed by any person shall
be deemed to be the act, omission, or failure of such per-
son as well as that of the person employed.’’.
(f) SUBPOENAS.—Section 13 (7 U.S.C. 136k) is
amended by adding at the end the following:
‘‘(e) SUBPOENA AUTHORITY.—In carrying out this
Act, the Administrator may by subpoena require the at-
tendance and testimony of witnesses and the production
of reports, papers, documents, answers to questions, and
other information that the Administrator deems necessary.
Witnesses shall be paid the same fees and mileage that
are paid witnesses in the courts of the United States. In
the event of contumacy, failure, or refusal of any person
to obey any such subpoena, any district court of the Unit-
ed States in which venue is proper shall have jurisdiction
to order any such person to comply with such subpoena.
Any failure to obey such an order of the court is punish-
able by the court as a contempt thereof.’’.
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(g) ENFORCEMENT
AUTHORITY.—Section 14 (7
U.S.C. 136l) is amended to read as follows:
‘‘(a) ENFORCEMENT AUTHORITIES.—
‘‘(1) Whenever, on the basis of any information
available to the Administrator, the Administrator
finds that any person has violated, or is violation of,
any requirement of this Act, including, but not lim-
ited to, a requirement or prohibition of any rule,
order, or registration promulgated, issued, or ap-
proved under this Act, the Administrator may—
‘‘(A) issue an administrative order in ac-
cordance with subsection (b) of this section, re-
quiring such person to comply with such re-
quirement or prohibition;
‘‘(B) issue an administrative penalty order
in accordance with subsection (c) of this sec-
tion;
‘‘(C) request the Attorney General to com-
mence a civil action in accordance with sub-
section (d) of this section; or
‘‘(D) request the Attorney General to com-
mence a criminal action in accordance with sub-
section (e) of this section.
‘‘(2) NOTICE TO STATE.—A copy of any (1) ad-
ministrative order issued pursuant to subsection (b)
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of this section, (2) administrative penalty order is-
sued pursuant to subsection (c) of this section, or
(3) civil judicial complaint filed pursuant to sub-
section (d) or subsection (g) of this section shall be
sent to the State agency regulating pesticides in the
State in which the violation occurs.
‘‘(3) WARNING
NOTICES.—The Administrator
may issue a warning notice for a first-time violation
of the Act by a private applicator, unless the viola-
tion is a knowing violation.
‘‘(b) REQUIREMENTS
FOR
ADMINISTRATIVE
OR-
DERS.—
‘‘(1) IN GENERAL.—Any person who has vio-
lated, or is in violation of, any provision of this Act
or a regulation promulgated thereunder, may be or-
dered by the Administrator to cease their violative
activities or to comply with applicable requirements
of this Act or regulations issued under this Act.
‘‘(2) CONTENTS OF ORDER.—Any order issued
under this subsection shall state with reasonable
specificity the nature of the violation and specify a
time for compliance which the Administrator deter-
mines is reasonable, taking into account the serious-
ness of the violation and any good faith efforts to
comply with applicable requirements. An order is-
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sued under this subsection shall require the person
to whom it was issued to comply with the require-
ment immediately or within a specified time period,
but in no event longer than one year after the date
the order was issued.
‘‘(3) VIOLATION OF ORDER.—If a violator fails
to take corrective action within the time specified in
the order, the Administrator may assess a civil pen-
alty of not more than $25,000 for each day of con-
tinued noncompliance with the order.
‘‘(4) CONSULTATION WITH ADMINISTRATOR.—
The recipient of an order issued under this section
(other than an administrative penalty order as de-
scribed in subsection (c)), shall have an opportunity,
within 10 days of the order’s issuance, to consult
with the Administrator or any duly designated rep-
resentative concerning the alleged violation.
‘‘(5) OTHER REMEDIES AND OBLIGATIONS.—No
order issued under this subsection shall prevent the
State or the Administrator from assessing any pen-
alties nor otherwise affect or limit the State’s or the
United States’ authority to enforce under other pro-
visions of this Act, nor affect any person’s obliga-
tions to comply with any section of this Act or with
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a term or condition of any registration approved
under this Act.
‘‘(6) TIMING
OF
REVIEW.—No Federal court
shall have jurisdiction under any Federal or State
law to review any order issued under this subsection
in any action except an action to enforce an order
issued under this subsection or to recover a civil
penalty for violation of, or noncompliance with such
order.
‘‘(c) ADMINISTRATIVE ASSESSMENT OF CIVIL PEN-
ALTIES.—
‘‘(1) IN GENERAL.—Any person who has vio-
lated, or is in violation of, any provision of this Act
or regulation promulgated thereunder shall be liable
to the United States for a civil penalty in an amount
not to exceed $25,000 or the economic benefit of
noncompliance, whichever is higher, for each such
violation. Each day such a violation continues shall,
for purposes of this subsection, constitute a separate
violation of the Act. The Administrator’s authority
under this paragraph shall be limited to matters
where the total penalty sought does not exceed
$400,000, except where the Administrator and the
Attorney General jointly determine that a matter or
matters involving a larger penalty amount are ap-
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propriate for administrative penalty action. Any such
determination by the Administrator and the Attor-
ney General shall not be subject to judicial review.
‘‘(2) HEARING.—A civil penalty for a violation
of this Act shall be assessed by the Administrator by
an order made on the record after an opportunity
(provided in accordance with this subparagraph) for
a hearing in accordance with section 554 of Title 5,
United States Code. Before issuing such an order,
the Administrator shall give written notice to the
person to be assessed a civil penalty under such
order by the Administrator, and shall provide such
person an opportunity to request, within 15 days of
the date the notice is received by such person, such
a hearing on the order.
‘‘(3) DETERMINATION OF PENALTY.—In deter-
mining the amount of a civil penalty, the Adminis-
trator shall take into account the nature, cir-
cumstances, extent, and gravity of the violation or
violations and, with respect to the violator, ability to
pay, effect on ability to continue to do business, any
history of prior such violations (including whether
the violation was a first-time violation), the degree
of culpability, the economic benefit of noncompli-
ance, and such other matters as justice may require.
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‘‘(4) The minimum penalty the Administrator
must assess under this subsection upon a determina-
tion of liability is the amount of the economic benefit
resulting from the violation, where such economic
benefit, if any, is calculable, provided that nothing in
this subsection shall limit the Administrator’s discre-
tion to issue warning notices pursuant to section
14(a)(3) of the Act.
‘‘(5) MODIFICATION OF PENALTY.—The Admin-
istrator may compromise, modify, or remit, with or
without conditions, any civil penalty which may be
imposed under this subsection. The amount of such
penalty, or the amount agreed upon in compromise,
may be deducted from any sums owing by the Unit-
ed States to the person charged.
‘‘(6) JUDICIAL REVIEW.—Any person who re-
quested in accordance with paragraph (2) a hearing
respecting the assessment of a civil penalty and who
is aggrieved by an order assessing a civil penalty, or
against whom a civil penalty is assessed under para-
graph (8) of this subsection, may seek judicial re-
view in accordance with section 16(a)(2) of the Act.
‘‘(7) FAILURE TO PAY.—
‘‘(A) If a person fails to pay an assessment
of a civil penalty—
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‘‘(i) after the order making the assess-
ment has become a final order and if such
person does not file a petition for judicial
review of the order in accordance with
paragraph (5), or
‘‘(ii) after a court in an action
brought under paragraph (5) has entered a
final judgment in favor of the Adminis-
trator,
the Attorney General shall recover the amount
assessed (plus interest at currently prevailing
rates from the date of the expiration of the 30-
day period referred to in paragraph (5) or the
date of such final judgment, as the case may
be) in an action brought in any appropriate dis-
trict court of the United States. In such an ac-
tion, the validity, amount, and appropriateness
of such penalty shall not be subject to review.
‘‘(B) Any person who fails to pay on a
timely basis a civil penalty ordered and assessed
under this section shall be required to pay, in
addition to such penalty and interest, the Unit-
ed States enforcement expenses, including but
not limited to attorney’s fees and costs incurred
by the United States for collection proceedings
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and a quarterly nonpayment penalty for each
quarter during which such failure to pay per-
sists. Such nonpayment penalty shall be 10 per-
cent of the aggregate amount of such person’s
outstanding penalties and nonpayment penalties
accrued as of the beginning of each quarter.
‘‘(8) SUBPOENAS.—The Administrator, in con-
nection with administrative proceedings under this
subsection, may issue subpoenas compelling the at-
tendance and testimony of witnesses and the produc-
tion of documents, and may request the Attorney
General to bring an action to enforce any subpoena
issued under this paragraph. The district courts of
the United States shall have jurisdiction to enforce
such subpoenas and impose sanctions.
‘‘(d) CIVIL JUDICIAL ENFORCEMENT.—
‘‘(1) IN
GENERAL.—The Administrator may
commence a civil action for a temporary or perma-
nent injunction, and/or to compel compliance, and/or
to assess and recover a civil penalty of not more
than $25,000 or the economic benefit of noncompli-
ance, whichever is higher, for each day of violation,
whenever such a person has violated or is in viola-
tion of a requirement or prohibition of this Act, or
a regulation promulgated thereunder.
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‘‘(2)(A) Upon receipt of a complaint filed under
paragraph (1), the Secretary shall conduct an inves-
tigation of the violation alleged in the complaint.
Within 120 days of the receipt of such complaint,
the Secretary shall complete such investigation and
shall notify in writing the complainant (and any per-
son acting on behalf of the complainant) and the
person alleged to have committed such violation of
the results of the investigation conducted pursuant
to this paragraph. Within 90 days of the receipt of
such complaint the Secretary shall, unless the pro-
ceeding on the complaint is terminated by the Sec-
retary on the basis of a settlement entered into by
the Secretary and the person alleged to have com-
mitted such violation, issue an order either providing
the relief prescribed by subparagraph (B) or denying
the complaint. An order of the Secretary shall be
made on the record after notice and opportunity for
agency hearing. The Secretary may not enter into a
settlement terminating a proceeding on a complaint
without the participation and consent of the com-
plainant.
‘‘(B) If in response to a complaint filed under
paragraph (1) the Secretary determines that a viola-
tion of subsection (a) of this section has occurred,