Title: Safe Agriculture Production Act of 2017
Policy area: Environmental Protection

Summary:
Safe Agriculture Production Act of 2017
This bill amends the Plant Protection Act to allow state, local, or tribal governments to use methyl bromide as a fumigant if: (1) the use is required to respond to an emergency concerning a significant economic loss of crops to pests or diseases, and (2) the Department of Agriculture (USDA) does not object to that use within a specified time period.
The bill allows this use of methyl bromide during an emergency event regardless of whether the use is registered and included in the label approved for the product by the Environmental Protection Agency under Federal Insecticide, Fungicide, and Rodenticide Act.
The bill limits the amount of methyl bromide that may be used per emergency event at a specific location to not more than 20 metric tons. The aggregate amount of methyl bromide used in the United States each year may not exceed the total amount authorized under the Montreal Protocol on Substances that Deplete the Ozone Layer.
The bill gives USDA exclusive authority for determining which species are considered quarantine pests.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1891 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 1891

 To amend the Plant Protection Act with respect to authorized uses of 
                methyl bromide, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2017

   Mr. LaMalfa (for himself, Mr. Costa, Mr. Crawford, Mr. Bost, Mr. 
 Rouzer, Mr. Yoho, Mr. Thomas J. Rooney of Florida, Mr. Moolenaar, Mr. 
Lucas, and Mr. Gosar) introduced the following bill; which was referred 
                    to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To amend the Plant Protection Act with respect to authorized uses of 
                methyl bromide, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Agriculture Production Act of 
2017''.

SEC. 2. METHYL BROMIDE.

    Section 419 of the Plant Protection Act (7 U.S.C. 7719) is amended 
to read as follows:

``SEC. 419. METHYL BROMIDE.

    ``(a) Authorization.--
            ``(1) In general.--Subject to paragraphs (2) and (3), a 
        State, local, or tribal authority may authorize the use of 
        methyl bromide for a qualified use if the authority determines 
        the use is required to respond to an emergency event. The 
        Secretary may authorize such a use if the Secretary determines 
        such a use is required to respond to an emergency event.
            ``(2) Notification.--Not later than 5 days after the date 
        on which a State, local, or tribal authority makes the 
        determination described in paragraph (1), the State, local, or 
        tribal authority intending to authorize the use of methyl 
        bromide for a qualified use shall submit to the Secretary a 
        notification that contains the information described in 
        subsection (b).
            ``(3) Objection.--A State, local, or tribal authority may 
        not authorize the use of methyl bromide under paragraph (1) if 
        the Secretary objects to such use under subsection (c) within 
        the 5-day period specified in such subsection.
    ``(b) Notification Contents.--A notification submitted under 
subsection (a)(2) by a State, local, or tribal authority shall 
contain--
            ``(1) a certification that the State, local, or tribal 
        authority requires the use of methyl bromide to respond to an 
        emergency event;
            ``(2) a description of the emergency event and the economic 
        loss that would result from such emergency event;
            ``(3) the identity and contact information for the 
        responsible individual of the authority; and
            ``(4) with respect to the qualified use of methyl bromide 
        that is the subject of the notification--
                    ``(A) the specific location in which the methyl 
                bromide is to be used and the total acreage of such 
                location;
                    ``(B) the identity of the pest or pests to be 
                controlled by such use;
                    ``(C) the total volume of methyl bromide to be 
                used; and
                    ``(D) the anticipated date of such use.
    ``(c) Objection.--
            ``(1) In general.--The Secretary, not later than 5 days 
        after the receipt of a notification submitted under paragraph 
        (2) of subsection (a), may object to the authorization of the 
        use of methyl bromide under such subsection by a State, local, 
        or tribal authority by sending the State, local, or tribal 
        authority a notification in writing of such objection that--
                    ``(A) states the reasons for such objection; and
                    ``(B) specifies any additional information that the 
                Secretary would require to withdraw the objection.
            ``(2) Reasons for objection.--The Secretary may object to 
        an authorization described in paragraph (1) if the Secretary 
        determines that--
                    ``(A) the notification submitted under subsection 
                (a)(2) does not--
                            ``(i) contain all of the information 
                        specified in paragraphs (1) through (4) of 
                        subsection (b); or
                            ``(ii) demonstrate the existence of an 
                        emergency event; or
                    ``(B) the qualified use specified in the 
                notification does not comply with the limitations 
                specified in subsection (e).
            ``(3) Withdrawal of objection.--The Secretary shall 
        withdraw an objection under this subsection if--
                    ``(A) not later than 14 days after the date on 
                which the Secretary sends the notification under 
                paragraph (1) to the State, local, or tribal authority 
                involved, the State, local, or tribal authority submits 
                to the Secretary the additional information specified 
                in such notification; and
                    ``(B) such additional information is submitted to 
                the satisfaction of the Secretary.
            ``(4) Effect of withdrawal.--Upon the issuance of a 
        withdrawal under paragraph (3), the State, local, or tribal 
        authority involved may authorize the use of methyl bromide for 
        the qualified use specified in the notification submitted under 
        subsection (a)(2).
    ``(d) Use for Emergency Events Consistent With FIFRA.--The 
production, distribution, sale, shipment, application, or use of a 
pesticide product containing methyl bromide in accordance with an 
authorization for a use under subsection (a) shall be deemed an 
authorized production, distribution, sale, shipment, application, or 
use of such product under the Federal Insecticide, Fungicide, and 
Rodenticide Act, regardless of whether the intended use is registered 
and included in the label approved for the product by the Administrator 
of the Environmental Protection Agency under such Act.
    ``(e) Limitations on Use.--
            ``(1) Limitations on use per emergency event.--The amount 
        of methyl bromide that may be used per emergency event at a 
        specific location shall not exceed 20 metric tons.
            ``(2) Limits on aggregate amount.--The aggregate amount of 
        methyl bromide allowed pursuant to this section for use in the 
        United States in a calendar year shall not exceed the total 
        amount authorized by the Parties to the Montreal Protocol 
        pursuant to the Montreal Protocol process for critical uses in 
        the United States in calendar year 2011.
    ``(f) Ensuring Adequate Supply of Methyl Bromide.--Notwithstanding 
any other provision of law, it shall not be unlawful for any person or 
entity to produce or import methyl bromide, or otherwise supply methyl 
bromide from inventories (produced or imported pursuant to the Clean 
Air Act for other purposes) in response to an emergency event in 
accordance with subsection (a).
    ``(g) Exclusive Authority of the Secretary.--The Secretary shall 
have the exclusive Federal authority with respect to determining which 
species are considered quarantine pests (as defined in section 319.37-1 
of title 7, Code of Federal Regulations, as in effect on the date of 
the enactment of the Safe Agriculture Production Act of 2017).
    ``(h) Definitions.--
            ``(1) Emergency event.--The term `emergency event' means a 
        situation--
                    ``(A) that occurs at a location on which a plant or 
                commodity is grown or produced or a facility providing 
                for the storage of, or other services with respect to, 
                a plant or commodity;
                    ``(B) for which the lack of availability of methyl 
                bromide for a particular use would result in 
                significant economic loss to the owner, lessee, or 
                operator of such a location or facility or the owner, 
                grower, or purchaser of such a plant or commodity; and
                    ``(C) that, in light of the specific agricultural, 
                meteorological, or other conditions presented, requires 
                the use of methyl bromide to control a pest or disease 
                in such location or facility because there are no 
                technically or economically feasible alternatives to 
                methyl bromide easily accessible by an entity referred 
                to in subparagraph (B) at the time and location of the 
                event that--
                            ``(i) are registered under the Federal 
                        Insecticide, Fungicide, and Rodenticide Act (7 
                        U.S.C. 136 et seq.) for the intended use or 
                        pest to be so controlled; and
                            ``(ii) would adequately control the pest or 
                        disease presented at such location or facility.
            ``(2) Pest.--The term `pest' has the meaning given such 
        term in section 2 of the Federal Insecticide, Fungicide, and 
        Rodenticide Act (7 U.S.C. 136).
            ``(3) Qualified use.--The term `qualified use' means, with 
        respect to methyl bromide, a methyl bromide treatment or 
        application in an amount not to exceed the limitations 
        specified in subsection (e) in response to an emergency 
        event.''.
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