II 118th CONGRESS 1st Session S. 802 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Braun (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants.

1. Short title This Act may be cited as the Plant Biostimulant Act of 2023 . 2. Exclusion from regulation under FIFRA (a) In general The Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) is amended by inserting after section 3 ( 7 U.S.C. 136a ) the following: 3A. Exclusion of plant biostimulants A plant biostimulant shall not be subject to regulation under this Act. . (b) Definitions Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 ) is amended— (1) in subsection (v)— (A) by striking vitamin-hormone horticultural products and inserting vitamin hormone products ; and (B) by adding at the end the following: Such term shall not include a plant biostimulant. ; and (2) by adding at the end the following: (pp) Plant biostimulant The term plant biostimulant means a substance, micro-organism, or mixture thereof, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, act to support a plant’s natural processes independently of the biostimulant’s nutrient content, thereby improving nutrient availability, uptake or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality, or yield. (qq) Nutritional chemical The term nutritional chemical — (1) means a compound or mixture that interacts with plant nutrients in a manner which improves nutrient availability or aids the plant in acquiring or utilizing plant nutrients; and (2) includes some plant biostimulants. (rr) Vitamin hormone product The term vitamin hormone product means a product consisting of a mixture of plant hormones, plant nutrients, inoculants, or soil amendments. . (c) Regulations Not later than 120 days after the date of the enactment of this Act, the Administrator of Environmental Protection Agency shall revise the regulations under subchapter E of chapter I of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act) to carry out the amendments made by subsections (a) and (b). 3. Soil health study (a) Study The Secretary of Agriculture shall conduct a study to assess the types of, and practices using, plant biostimulants (as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 )) that best achieve the following: (1) Increasing organic matter content. (2) Reducing atmospheric volatilization. (3) Promotion of nutrient management practices. (4) Limiting or eliminating runoff or leaching of soil or nutrients such as phosphorus and nitrogen into groundwater or other water sources. (5) Restoring beneficial bioactivity or healthy nutrients to the soil. (6) Aiding in carbon sequestration, nutrient use efficiency, and other climate-related benefits. (7) Supporting innovative approaches to improving agricultural sustainability, including the adoption of performance-based outcome standards and criteria. (b) Report Not later than 1 year after the date on which funds are first made available for the study under subsection (a), the Secretary shall make publicly available and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study.