Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1988
PL 100-532 (S.659), enacted 10/25/1988

102 STAT. 2654 
PUBLIC LAW 100-532—OCT. 25, 1988 
Oct. 25, 1988 
[S. 659] 
Federal 
Insecticide, 
Fungicide, and 
Rodenticide Act 
Amendments of 
1988 
7 u s e 136 note. 
Public Law 100-532 
100th Congress 
An Act 
To amend the Federal Insecticide, Fungicide, and Rodenticide Act, 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 AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Federal Insecti-
cide, Fungicide, and Rodenticide Act Amendments of 1988". 
(b) TABLE OF CONTENTS.—The table of contents is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. References to the Federal Insecticide, Fungicide, and Rodenticide Act. 
TITLE I—REGISTRATION 
Sec. 101. Definition of outstanding data requirement 
Sec. 102. Reregistration of registered pesticides. 
Sec. 103. Expedited r^istration of similar applications. 
TITLE n—REVIEW AND CANCELLATION 
Sec. 201. Administrative changes. 
TITLE m—RECORDS AND INSPECTIONS 
Sec. 301. Records. 
Sec. 302. Inspections. 
TITLE rV—DISPOSAL AND TRANSPORTATION 
Sec. 401. Storage, disposal, transportation, and recall. 
Sec. 402. Containers, rinsates, and other materials. 
Sec. 403. Pesticide containers. 
Sec. 404. Notice for stored pesticides with canceled or suspended registrations. 
Sec. 501. Indemnities. 
TITLE V—INDEMNITIES 
TITLE VI—GENERAL 
Sec. 601. Definitions. 
Sec. 602. Scientific Advisory Panel. 
Sec. 603. Unlawful acts. 
Sec. 604. Penalties. 
Sec. 605. Congressional review. 
TITLE VII—AUTHORIZATION FOR APPROPRIATIONS 
Sec. 701. Authorization for appropriations. 
TITLE VIII—TECHNICAL AMENDMENTS 
Sec. 801. Technical amendments. 
Sec. 802. Table of contents amendment. 
TITLE IX—EFFECTIVE DATE 
Sec. 901. Effective date. 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2655 
SEC. 2. REFERENCES TO THE FEDERAL INSECTICIDE, FUNGICIDE, AND 
RODENTICIDE ACT. 
Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). 
TITLE I—REGISTRATION 
SEC. 101. DEFINITION OF OUTSTANDING DATA REQUIREMENT. 
Section 2 (7 U.S.C. 136) is amended by adding at the end thereof 
the following new subsection: 
"(ff) OUTSTANDING DATA REQUIREMENT.— 
"(1) IN GENERAL.—The term 'outstanding data requirement' 
means a requirement for any study, information, or data that is 
necessary to make a determination under section 3(c)(5) and 
which study, information, or data— 
"(A) has not been submitted to the Administrator; or 
"(B) if submitted to the Administrator, the Administrator 
has determined must be resubmitted because it is not valid, 
complete, or adequate to make a determination under sec-
tion 3(c)(5) and the regulations and guidelines issued under 
such section. 
"(2) FACTORS.—In making a determination under paragraph 
(1)(B) respecting a study, the Administrator shall examine, at a 
minimum, relevant protocols, documentation of the conduct and 
analysis of the study, and the results of the study to determine 
whether the study and the results of the study fulfill the 
data requirement for which the study was submitted to the 
Administrator.''. 
SEC. 102. REREGISTRATION OF REGISTERED PESTICIDES. 
(a) AMENDMENT.—The Act is amended by inserting after section 3 
(7 U.S.C. 136a) the following new section: 
"SEC. 3A. REREGISTRATION OF REGISTERED PESTICIDES. 
7 USC 136a-l. 
"(a) GENERAL RULE.—The Administrator shall reregister, in 
accordance with this section, each registered pesticide containing 
any active ingredient contained in any pesticide first registered 
before November 1, 1984, except for any pesticide £is to which the 
Administrator has determined, after November 1, 1984, and before 
the effective date of this section, that— 
"(1) there are no outstanding data requirements; and 
"(2) the requirements of section 3(c)(5) have been satisfied. 
"(b) REREGISTRATION PHASES.—Reregistrations of pesticides under 
this section shall be carried out in the following phases: 
"(1) The first phase shall include the listing under subsection 
(c) of the active ingredients of the pesticides that will be 
reregistered. 
"(2) The second phase shall include the submission to the 
Administrator under subsection (d) of notices by registrants 
respecting their intention to seek reregistration, identification 
by registrants of missing and inadequate data for such pes-
ticides, and commitments by registrants to replace such missing 
or inadequate data within the applicable time period. 
102 STAT. 2656 
PUBLIC LAW 100-532—OCT. 25, 1988 
Agriculture and 
agricultural 
commodities. 
Water. 
Fish and fishing. 
Federal 
Register, 
publication. 
Mail. 
"(3) The third phase shall include submission to the Adminis-
trator by registrants of the information required under subsec-
tion (e). 
"(4) The fourth phase shall include an independent, initial 
review by the Administrator under subsection (f) of submissions 
under phases two and three, identification of outstanding data 
requirements, and the issuance, as necessary, of requests for 
additional data. 
"(5) The fifth phase shall include the review by the Adminis-
trator under subsection (g) of data submitted for reregistration 
and appropriate regulatory action by the Administrator. 
"(c) PHASE ONE.— 
"(1) PRIORITY FOR REREGISTRATION.—For purposes of the rereg-
istration of the pesticides described in subsection (a), the 
Administrator shall list the active ingredients of pesticides and 
shall give priority to, among others, active ingredients (other 
than active ingredients for which registration standards have 
been issued before the effective date of this section) that— 
"(A) are in use on or in food or feed and may result in 
postharvest residues; 
"(B) may result in residues of potential toxicological con-
cern in potable ground water, edible fish, or shellfish; 
"(C) have been determined by the Administrator before 
the effective date of this section to have significant 
outstanding data requirements; or 
"(D) are used on crops, including in greenhouses and 
nurseries, where worker exposure is most likely to occur. 
"(2) REREGISTRATION USTS.—For purposes of reregistration 
under this section, the Administrator shall by order— 
"(A) not later than 70 days after the effective date of this 
section, list pesticide active ingredients for which registra-
tion standards have been issued before such effective date; 
"(B) not later than 4 months after such effective date, list 
the first 150 pesticide active ingredients, as determined 
under paragraph (1); 
"(C) not later than 7 months after such effective date, list 
the second 150 pesticide active ingredients, as determined 
under paragraph (1); and 
"(D) not later than 10 months after such effective date, 
list the remainder of the pesticide active ingredients, as 
determined under paragraph (1). 
Each list shall be published in the Federal Register. 
"(3) JUDICIAL REVIEW.—The content of a list issued by the 
Administrator under paragraph (2) shall not be subject to 
judicial review. 
"(4) NOTICE TO REGISTRANTS.—On the publication of a list of 
pesticide active ingredients under paragraph (2), the Adminis-
trator shall send by certified mail to the registrants of the 
pesticides containing such active ingredients a notice of the 
time by which the registrants are to notify the Administrator 
under subsection (d) whether the registrants intend to seek or 
not to seek reregistration of such pesticides. 
"(d) PHASE TWO.— 
"(1) IN GENERAL.—The registrant of a pesticide that contains 
an active ingredient listed under subparagraph (B), (C), or (D) of 
subsection (cX2) shall submit to the Administrator, within the 
time period prescribed by paragraph (4), the notice described in 
publication. 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2657 
paragraph (2) and any information, commitment, or offer 
deacnbed in paragraph (3). 
**(2) NonCB OF INTENT T
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•noN.— 
"(A) The registrant of a pesticide containing an active Mail. 
ingredient listed ujuter subparagraph (B), (C), or (D) of 
subsection (cX2) shall notify the Administrator by certified 
mail whether the r^istrant intends to seek or does not 
intend to seek reregistration of the pesticide. 
"(B) If a r^istrant submits a notice under subparagraph Federal 
(A) of an intention not to seek reregistration of a pesticide, ^^^f^f:, 
the Administrator shall publish a notice in the Federal 
Roister stating that such a notice has been submitted. 
"(3) BfissiNG O
R INADEQUATE DATA.—E^h registrant of a pes-
ticide that contains an active ingredient listed under subpara-
graph (B), (C), or (D) of subsection (cK2) and for which the 
registrant submitted a notice under paragraph (2) of an in-
tention to seek reregistration of such pesticide shall submit to 
the Administrator— 
"(A) in accordance with r^ulations issued by the 
Administrator under section 3, an identification of^ 
"(i) all date that are required by r^ulation to sup-
port the r^istration of the pesticide with respect to 
such active ingredient^ 
"(ii) data that were submitted by the registrant pre-
viously in support of the registration of the pesticide 
that are inadequate to meet such r^ulatiomt; and 
"(iii) date identified under clause (i) that have not 
been submitted to the Administrator; and 
"(B) either— 
"(i) a commitment to replace the data identified 
under subparagraph (AXii) and submit the data identi-
fied under subparagraph (AXiii) within the applicsdble 
time period prescribed by paragraph (4KB); or 
"(ii) an offer to share in the cost to be incurred by a 
person who has made a commitment under clause (i) to 
replace or submit the date and an offer to submit to 
aibitration as described by section 3(cX2XB) with r^ard 
to such cost sharing. 
For purposes of a submission by a r^istrant under subpara-
graph (AXii), data are inadequate if the data are derived from a 
study with respect to which the registrant is unable to make the 
certification prescribed by subsection (eXlXG) that the r^-
istrant possesses or has access to the raw data used in or 
generated by such study. For purposes of a submission by a 
registrant under such subparagraph, data shall be considered to 
be inadequate if the date are derived from a study submitted 
before January 1,1970, unless it is demonstrated to the satisfac-
tion of the Administrator that such data should be considered to 
support the registration of the pesticide that is to be 
rer^isteied. 
"(4) TniE PERIODS.— 
"(A) A submission under paragraph (2) or (3) shall be 
made— 
"(i) in the case of a pesticide containing an active 
ingredient listed under subsection (CK2XBT, not later 
102 STAT. 2658 
PUBLIC LAW 100-532—OCT. 25, 1988 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
than 3 montlis after the date of publication of the 
listing of such active ingredient; 
"(ii) in the case of a pesticide oontainii^ an active 
ingredient listed under subsection (cK2KCK not later 
than 3 months after the date of publication of the 
listing of such active ingredient; and 
"(iii) in the case of a pesticide containing an active 
ingredient listed under subsection (cK2KD), not later 
than 3 months after the date of publication of the 
listing of such active ingredient 
On application, the Administrator may extend a time 
period prescribed by this subparagraph if the Adminis-
trator determines that factors beyond the control of the 
r^istrant prevent the r^istrant from complying with such 
period. 
"(B) A r^istrant shall submit data in accordance with a 
commitanent entered into under paragraph (3KB) within a 
reasonable period of time, as determined by the Adminis-
trator, but not more than 48 months after the date the 
r^istrant submitted the commitment The Administrator, 
on application of a r^istrant, may extend the period pre-
scribed by file preceding sentence by no more than 2 years 
if extraordinary circumstances beyond the control of the 
registrant prevent the registrant from submitting data 
witbin such prescribed period. 
'(§) CANCELLATION AND REMOVAL.— 
"(A) If the r^;istrant of a pesticide does not submit a 
notice under paragraph (2) or (3) within the time prescribed 
by paragraph (4XA), the Administiator shall issue a notice 
<d intent to cancel the r^istration of such r^istrant for 
such pesticide and shall publish the notice in the Federal 
Register and allow 60 days for the submission of comments 
on the notice. On expiration of such 60 days, the Adminis-
trator, by order and without a hearing, may cancel the 
registration or take such other action, including extension 
of applicable time periods, as may be necessary to enable 
rer^istration of such pesticide by another person. 
"(BXi)If-
"(D no r^istrant of a pesticide containii^ an active 
ingredient listed under subsection (cK2) notifies the 
Administrator under paragraph (2) that the registrant 
intends to seek reregistration of any pesticide contain-
ing that active ingredient; 
"(n) no such r^istrant complies with paragraph 
(3XA);or 
"(DiD no such r^istrant makes a commitment under 
paragraph (3XB) to replace or submit all data described 
in clauses (ii) and (iii) of paragraph (3XA); 
^ e Administrator shall publish in the Federal Register a 
notice of intent to remove the active ingredient from the 
list established under subsection (cX2) and a notice of intent 
to cancel the r^istrations of all pesticides containing such 
active ingredient and shall provide 60 days for comment on 
such notice. 
"(ii) After the 60-day period has expired, the Adminis-
trator, by order, may cancel any such r^^tration without 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2659 
hearing, except that the Administrator shall not cancel a 
registration under this subparagraph if— 
"(I) during the comment period a person acquires the 
rights of the registrant in that registration; 
"(11) during the comment period that person fur-
nishes a notice of intent to reregister the pesticide in 
accordance with paragraph (2); and 
"(III) not later than 120 days after the publication of 
the notice under this subparagraph, that person has 
complied with parsigraph (3) and the fee prescribed by 
subsection (iXD has been paid. 
"(6) SUSPENSIONS AND PENALTIES.—The Administrator shall 
issue a notice of intent to suspend the registration of a pesticide 
in accordance with the procedures prescribed by section 
3(cX2XBXiv) if the Administrator determines that (A) progress is 
insufficient to ensure the submission of the data required for 
such pesticide under a commitment made under paragraph 
(3XB) within the time period prescribed by paragraph (4XB) or 
(B) the registrant has not submitted such data to the Adminis-
trator within such time period. 
"(e) PHASE THREE.— 
"(1) INFORMATION ABOUT STUDIES.—Each registrant of a pes-
ticide that contains an active ingredient listed under subpara-
graph (B), (C), or (D) of subsection (cX2) who has submitted a 
notice under subsection (dX2) of an intent to seek the reregistra-
tion of such pesticide shall submit, in accordance with the 
guidelines issued under paragraph (4), to the Administrator— 
"(A) a summary of each study concerning the active 
ingredient previously submitted by the registrant in sup-
port of the registration of a pesticide containing such active 
ingredient and considered by the registrant to be adequate 
to meet the requirements of section 3 and the regulations 
issued under such section; 
"(B) a summary of each study concerning the active 
ingredient previously submitted by the registrant in sup-
port of the registration of a pesticide containing such active 
ingredient that may not comply with the requirements of 
section 3 and the regulations issued under such section but 
which the registrant asserts should be deemed to comply 
with such requirements and regulations; 
"(C) a reformat of the data from each study summarized 
under subpareigraph (A) or (B) by the registrant concerning 
chronic dosing, oncogenicity, reproductive effects, muta-
genicity, neurotoxicity, teratogenicity, or residue chemistry 
of the active ingredient that were submitted to the 
Administrator before January 1,1982; 
"(D) where data described in subparagraph (C) are not 
required for the active ingredient by regulations issued 
under section 3, a reformat of acute and subchronic dosing 
data submitted by the registrant to the Administrator 
before January 1, 1982, that the registrant considers to be 
adequate to meet the requirements of section 3 and the 
regulations issued under such section; 
"(E) an identification of data that are required to be 
submitted to the Administrator under section 6(aX2) 
indicating an adverse effect of the pesticide; 
102 STAT. 2660 
PUBLIC LAW 100-532—OCT. 25, 1988 
"(F) an identification of any other information available 
that in the view of the registrant supports the registration; 
"(G) a certification that the registrant or the Adminis-
trator possesses or has access to the raw data used in or 
generated by the studies that the registrant summarized 
under subparagraph (A) or (B); 
"(H) either— 
"(i) a commitment to submit data to fill each 
outstanding data requirement identified by the reg-
istrant; or 
"(ii) an offer to share in the cost of developing such 
data to be incurred by a person who has made a 
commitment under clause (i) to submit such data, and 
an offer to submit to arbitration as described by section 
3(cX2XB) with regard to such cost sharing; and 
"(I) evidence of compliance with section 3(c)(lXDXii) and 
regulations issued thereunder with regard to previously 
submitted data as if the registrant were now seeking the 
original registration of the pesticide. 
A registrant who submits a certification under subparagraph 
(G) that is false shall be considered to have violated this Act and 
shall be subject to the penalties prescribed by section 14. 
"(2) TIME PERIODS.— 
"(A) The information required by paragraph (1) shall be 
submitted to the Administrator— 
"(i) in the case of a pesticide containing an active 
ingredient listed under subsection (c)(2XB), not later 
than 12 months after the date of publication of the 
listing of such active ingredient; 
"(ii) in the case of a pesticide containing an active 
ingredient listed under subsection (cX2XC), not later 
than 12 months after the date of publication of the 
listing of such active ingredient; and 
"(iii) in the case of a pesticide containing an active 
ingredient listed under subsection (cX2XD), not later 
than 12 months after the date of publication of the 
listing of such active ingredient. 
"(B) A registrant shall submit data in accordance with a 
commitment entered into under paragraph (1)(H) within a 
reasonable period of time, as determined by the Adminis-
trator, but not more than 48 months after the date the 
registrant submitted the commitment under such para-
graph. The Administrator, on application of a registrant, 
may extend the period prescribed by the preceding sentence 
by no more than 2 years if extraordinary circumstances 
beyond the control of the registrant prevent the registrant 
from submitting data within such prescribed period. 
"(3) CANCELLATION.— 
"(A) If the registrant of a pesticide fails to submit the 
information required by paragraph (1) within the time 
prescribed by paragraph (2), the Administrator, by order 
and without hearing, shall cancel the registration of such 
pesticide. 
"(BXi) If the registrant of a pesticide submits the informa-
tion required by paragraph (1) within the time prescribed 
by paragraph (2) and such information does not conform to 
the guidelines for submissions established by the Adminis-
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2661 
trator, the Administrator shall determine whether the reg-
istrant made a good faith attempt to conform its submission 
to such guidelines. 
"(ii) If the Administrator determines that the registrant 
made a good faith attempt to conform its submission to 
such guidelines, the Administrator shall provide the reg-
istrant a reasonable period of time to make any necessary 
changes or corrections. 
"(iiiXD If the Administrator determines that the reg-
istrant did not make a good faith attempt to conform itJs 
submission to such guidelines, the Administrator may issue 
a notice of intent to cancel the registration. Such a notice 
Mail, 
shall be sent to the registrant by certified mail. 
"(II) The registration shall be canceled without a hearing 
or further notice at the end of 30 days after receipt by the 
registrant of the notice unless during that time a request 
for a hearing is made by the registrant. 
"(Ill) If a hearing is requested, a hearing shall be con-
ducted under section 6(d), except that the only matter for 
resolution at the hearing shall be whether the registrant 
made a good faith attempt to conform its submission to 
such guidelines. The hearing shall be held and a determina-
tion made within 75 days after receipt of a request for 
hearing. 
"(4) GUIDEUNES.— 
"(A) Not later than 1 year after the effective date of this 
section, the Administrator, by order, shall issue guidelines 
to be followed by registrants in— 
"(i) summarizing studies; 
"(ii) reformatting studies; 
"(iii) identifying adverse information; and 
"(iv) identifying studies that have been submitted 
previously that may not meet the requirements of sec-
tion 3 or regulations issued under such section, 
under paragraph (1). 
"(B) Guidelines issued under subparagraph (A) shall not 
be subject to judicial review. 
"(5) MONITORING.—The Administrator shall monitor the 
progress of registrants in acquiring and submitting the data 
required under paragraph (1). 
'(f) PHASE FOUR.— 
"(1) INDEPENDENT REVIEW AND IDENTIFICATION OF OUTSTAND-
ING D
A
T
A REQUIREMENTS.— 
"(A) The Administrator shall review the submissions of 
all registrants of pesticides containing a particular active 
ingredient under subsections (dX3) and (eXl) to determine if 
such submissions identified all the data that are missing or 
inadequate for such active ingredient. To assist the review 
of the Administrator 
under this subpareigraph, 
the 
Administrator may require a registrant seeking reregistra-
tion to submit complete copies of studies summarized under 
subsection (eXl). 
"(B) The Administrator shall independently identify and 
Federal 
publish in the Federal Register the outstanding data 
Register, 
requirements for each active ingredient that is listed under Publication. 
subparagraph (B), (C), or (D) of subsection (cX2) and that is 
contained in a pesticide to be reregistered under this sec-
102 STAT. 2662 
PUBLIC LAW 100-532—OCT. 25, 1988 
tion. The Administrator, at the same time, shall issue a 
notice under section 3(c)(2)(B) for the submission of the 
additional data that are required to meet such require-
ments. 
"(2) TIME PERIODS.— 
"(A) The Administrator shall take the action required by 
paragraph (1)— 
"(i) in the case of a pesticide containing an active 
ingredient listed under subsection (c)(2)(B), not later 
than 18 months after the date of the listing of such 
active ingredient; 
"(ii) in the case of a pesticide containing an active 
ingredient listed under subsection (c)(2)(C), not later 
than 24 months after the date of the listing of such 
active ingredient; and 
"(iii) in the case of a pesticide containing an active 
ingredient listed under subsection (c)(2)(D), not later 
than 33 months after the date of the listing of such 
active ingredient. 
"(B) If the Administrator issues a notice to a registrant 
under paragraph (1)(B) for the submission of additional 
data, the registrant shall submit such data within a reason-
able period of time, as determined by the Administrator, 
but not to exceed 48 months after the issuance of such 
notice. The Administrator, on application of a registrant, 
may extend the period prescribed by the preceding sentence 
by no more than 2 years if extraordinary circumstances 
beyond the control of the registrant prevent the registrant 
from submitting data within such prescribed period. 
"(3) 
SUSPENSIONS AND PENALTIES.—The Adminis-
trator shall issue a notice of intent to suspend the 
registration of a pesticide in accordance with the proce-
dures prescribed by section 3(c)(2)(B)(iv) if the Adminis-
trator determines that (A) tests necessary to fill an 
outstanding data requirement for such pesticide have 
not been initiated within 1 year after the issuance of a 
notice under paragraph (1)(B), or (B) progress is insuffi-
cient to ensure submission of the data referred to in 
clause (A) within the time period prescribed by para-
graph (2XB) or the required data have not been submit-
ted to the Administrator within such time period. 
"(g) PHASE FIVE.— 
"(1) DATA REVIEW.—The Administrator shall conduct a thor-
ough examination of all data submitted under this section 
concerning an active ingredient listed under subsection (c)(2) 
and of all other available data found by the Administrator to be 
relevant. 
"(2) REREGISTRATION AND OTHER ACTIONS.— 
"(A) Within 1 year after the submission of all data 
concerning an active ingredient of a pesticide under subsec-
tion (f), the Administrator shall determine whether pes-
ticides containing such active ingredient are eligible for 
reregistration. 
For 
extraordinary 
circumstances, 
the 
Administrator may extend such period for not more than 1 
additional year. 
"(B) Before reregistering a pesticide, the Administrator 
shall obtain any needed product-specific data regarding the 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2663 
pesticide by use of section 3(c)(2XB) and shall review such 
data within 90 days after its submission. The Administrator 
shall require that data under this subparagraph be submit-
ted to the Administrator not later than 8 months after a 
determination of eligibility under subparagraph (A) has 
been made for each active ingredient of the pesticide, unless 
the Administrator determines that a longer period is 
required for the generation of the data. 
"(C) After conducting the review required by paragraph 
(1) for each active ingredient of a pesticide and the review 
required by subparagraph (B) of this paragraph, the 
Administrator shall determine whether to reregister a pes-
ticide by determining whether such pesticide meets the 
requirements of section 3(cX5). If the Administrator deter-
mines that a pesticide is eligible to be reregistered, the 
Administrator shall reregister such pesticide within 6 
months after the submission of the data concerning such 
pesticide under subparagraph (B). 
"(D) If after conducting a review under paragraph (1) or 
subparagraph (B) of this paragraph the Administrator 
determines that a pesticide should not be reregistered, the 
Administrator shall take appropriate regulatory action. 
"(h) COMPENSATION OF DATA SUBMITTER.—If data that are submit-
ted by a registrant under subsection (d), (e), (0, or (g) are used to 
support the application of another person under section 3, the 
registrant who submitted such data shall be entitled to compensa-
tion for the use of such data £is prescribed by section 3(cXl)(D). In 
determining the amount of such compensation, the fees paid by the 
registrant under this section shall be taken into account. 
"(i) FEES.— 
"(1) 
INITIAL FEE FOR FOOD OR FEED USE PESTICIDE ACTIVE 
INGREDIENTS.—The registrants of pesticides that contain an 
active ingredient that is listed under subparagraph (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 collec-
tively pay a fee of $50,000 on submission of information under 
paragraphs (2) and (3) of subsection (d) for such ingredient. 
"(2) 
FINAL FEE FOR FOOD OR FEED USE PESTICIDE ACTIVE 
INGREDIENTS.— 
"(A) The registrants of pesticides that contain an active 
ingredient that is listed under subparagraph (B), (C), or (D) 
of subsection (cX2) and that is an active ingredient of any 
pesticide registered for a major food or feed use shall 
collectively pay a fee of $100,000— 
"(i) on submission of information for such ingredient 
under subsection (eXD if data are reformatted under 
subsection (e)(1)(C); or 
"(ii) on submission of data for such ingredient under 
subsection (eX2)(B) if data are not reformatted under 
subsection (e)(lXC). 
"(B) The registrants of pesticides that contain an active 
ingredient that is listed under subsection (cX2)(A) and that 
is an active ingredient of any pesticide registered for a 
major food or feed use shall collectively pay a fee of 
$150,000 at such time as the Administrator shall prescribe. 
"(3) FEES FOR OTHER PESTICIDE ACTIVE INGREDIENTS.— 
102 STAT. 2664 
PUBLIC LAW 100-532—OCT. 25, 1988 
Agriculture and 
agricultural 
commodities. 
Small business. 
"(A) The registrants of pesticides that contain an active 
ingredient that is listed under subparagraph (B), (C), or (D) 
of subsection (c)(2) and that is not an active ingredient of 
any pesticide registered for a major food or feed use shall 
collectively pay fees in amounts determined by the 
Administrator. Such fees may not be less than one-half of, 
nor greater than, the fees required by paragraphs (1) and 
(2). A registrant shall pay such fees at the times correspond-
ing to the times fees prescribed by paragraphs (1) and (2) 
are to be paid. 
"(B) The registrants of pesticides that contain an active 
ingredient that is listed under subsection (c)(2)(A) and that 
is not an active ingredient of any pesticide that is registered 
for a major food or feed use shall collectively pay a fee of 
not more than $100,000 and not less than $50,000 at such 
time as the Administrator shall prescribe. 
"(4) REDUCTION OR WAIVER OF FEES FOR MINOR USE AND OTHER 
PESTICIDES.— 
"(A) An active ingredient that is contained only in pes-
ticides that are registered solely for agricultural or 
nonagricultural minor uses, or a pesticide the value or 
volume of use of which is small, shall be exempt from the 
fees prescribed by paragraph (3). 
"(B) An antimicrobial active ingredient, the production 
level of which does not exceed 1,000,000 pounds per year, 
shall be exempt from the fees prescribed by paragraph (3). 
For purposes of this subparagraph, the term 'antimicrobial 
active ingredient' means any active ingredient that is con-
tained only in pesticides that are not registered for any food 
or feed use and that are— 
"(i) sanitizers intended to reduce the number of 
living bacteria or viable virus particles on inanimate 
surface or in water or air; 
"(ii) bacteriostats intended to inhibit the growth of 
bacteria in the presence of moisture; 
"(iii) disinfectants intended to destroy or irreversibly 
inactivate bacteria, fungi, or viruses on surfaces or 
inanimate objects; 
"(iv) sterilizers intended to destroy viruses and all 
living bacteria, fungi, and their spores on inanimate 
surfaces; or 
"(v) fungicides or fungistats. 
"(CKi) Notwithstanding any other provision of this 
subsection, in the C£ise of a small business registrant of a 
pesticide, the registrant shall pay a fee for the reregistra-
tion of each active ingredient of the pesticide that does not 
exceed an amount determined in accordance with this 
subparagraph. 
"(ii) If during the 3-year period prior to reregistration the 
average annual gross revenue of the registrant from pes-
ticides containing such active ingredient is— 
"(I) less than $5,000,000, the registrant shall pay 0.5 
percent of such revenue* 
"(II) $5,000,000 or more but less than $10,000,000, the 
registrant shall pay 1 percent of such revenue; or 
^'(III) $10,000,000 or more, the registrant shall pay 1.5 
percent of such revenue, but not more than $150,000. 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2665 
"(iii) For the purpose of this subparagraph, a small busi-
ness registrant is a corporation, partnership, or unincor-
porated business that— 
"(I) h£is 150 or fewer employees; and 
"(II) during the 3-year period prior to reregistration, 
had an average annual gross revenue from chemicals 
that did not exceed $40,000,000. 
"(5) MAINTENANCE FEE.— 
"(A) Subject to other provisions of this paragraph, each 
registrant of a pesticide shall pay an annual fee by March 1 
of each year of— 
"(i) in the case of a registrant holding not more than 
50 pesticide registrations, $425 for each registration; 
and 
"(ii) in the case of a registrant holding more than 50 
pesticide registrations— 
"(I) $425 for each registration up to 50 registra-
tions; and 
"(II) $100 for each registration over 50 registra-
tions, except that no fee shedl be charged for more 
than 200 registrations held by any registrant. 
"(B) The amount of each fee prescribed under subpara-
graph (A) shall 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 $14,000,000 
each fiscal year. 
"(CXi) The maximum annual fee payable by a registrant 
under clause (i) of subparagraph (A) (as adjusted under 
subparagraph (B)) shall be $20,000. 
"(ii) The maximum annual fee payable by a registrant 
under clause (ii) of subparagraph (A) (as adjusted under 
subparagraph (B)) shall be $35,000. 
"(D) If any fee prescribed by this paragraph with respect 
to the registration of a pesticide is not paid by a registrant 
by the time prescribed, the Administrator, by order and 
without hearing, may cancel the registration. 
"(E) The authority provided under this paragraph shall 
terminate on September 30,1997. 
"(6) OTHER FEES.—During the period beginning on the date of 
enactment of this section and ending on September 30, 1997, the 
Administrator may not levy any other fees for the registration 
of a pesticide under this Act except as provided in paragraphs 
(1) through (5). 
"(7) APPORTIONMENT.— 
"(A) If two or more registrants are required to pay any 
fee prescribed by paragraph (1), (2), or (3) with respect to a 
particular active ingredient, 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 3 calendar years preceding the 
date of payment of such fee, except that— 
"(i) small business registrants that produce the active 
Small business. 
ingredient shall pay fees in accordance with paragraph 
(4XC); and 
"(ii) registrants who have no market share but who 
choose to reregister a pesticide containing such active 
ingredient shall pay the lesser of— 
Termination 
date. 
102 STAT. 2666 
PUBLIC LAW 100-532—OCT. 25, 1988 
"(I) 15 percent of the rer^istration fee; or 
"(II) a proportionate amount of such fee based on 
the lowest percentage market share held by any 
registrant active in the marketplace. 
In no event shall r^pstrants who have no market share 
but who choose to reregister a pesticide containing such 
active ingredient collectively pay more than 25 percent 
of the total active ingredient rer^istration fee. 
"(B) The Administrator, by order, may require any r^-
istrant to submit such reports as the Administrator deter-
mines to be necessary to allow the Administrator to 
determine and apportion fees under this subsection or to 
determine the r^istrant's eligibility for a reduction or 
waiver of a fee. 
"(O If any such report is not submitted by a r^istrant 
after receiving notice of such report requirement, or if any 
fee prescribed by this subsection (other than paragraph (5)) 
for an active ingredient is not paid by a registrant to the 
Administrator by the time prescribed under this subsection, 
the Administrator, by order and without hearing, may 
cancel each r^istration held by such registrant of a pes-
ticide containing the active ingredient with respect to 
which the fee is imposed. The Administrator shall reappor-
tion the fee among the remaining r^istrants and notify the 
r^istrants that the r^istrants are required to pay to the 
Administrator any unpaid balance of the fee within 30 days 
after receipt of such notice, 
"(j) EXEMPTION OF CERTAIN REGISTRANTS.—^The requirements of 
subsections (d), (e), (D, and (i) (other than sul^ection (iX5)) r^arding 
data concerning an active ingredient and fees for review of such 
data shall not apply to any person who is the r^istrant of a 
pesticide to the extent that, under section 3(cX2XD), the person 
would not be required to submit or cite such data to obtain an initial 
registration of such pesticide. 
(k) REREGISTRATION AND EXPEDITED PROCESSING FUND.— 
"(1) ESSTABUSHMENT.—^There shall be established in the Treas-
ury of the United States a reregistration and expedited process-
ing fund. 
'(2) SOURCE AND USE.—All fees collected by the Administrator 
under subsection (i) shall be deposited into the fund and shall be 
available to the Administrator, without fiscal year limitation, to 
carry out rer^istration and expedited processing of similar 
applications. 
'(3) ExPEDfTED PROCESSING OF SIMILAR APPUCATIONS.— 
"(A) The Administrator shall use each fiscal year not 
more than $2,000,000 of the amounts in the fund to obtain 
sufficient personnel and resources to assure the expedited 
processing and review of any application that— 
Environmental 
"(i) propos^ the initial or amended registration of an 
protection. 
end-use pesticide that, if roistered as proposed, would 
be identical or substantially similar in composition and 
labeling to a currently-roistered pesticide identified in 
the application, or that would differ in composition and 
labeling from any such currently-roistered pesticide 
only in ways that would not significantly increase the 
risk of unreasonable adverse effects on the environ-
ment; or 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2667 
"(ii) proposes an amendment to the registration of a 
.. 
registered pesticide that does not require scientific 
review of data. 
"(B) Any amounts made available under subparagraph 
(A) shall be used to obtain sufficient personnel and re-
sources to carry out the activities described in such 
subparagraph that are in addition to the personnel and 
resources available to carry out such activities on the date 
of enactment of this section. 
"(4) UNUSED FUNDS.—Money in the fund not currently needed 
to carry out this section shall be— 
"(A) maintained on hand or on deposit; 
"(B) invested in obligations of the United States or 
guaranteed thereby; or 
"(C) invested in obligations, participations, or other in-
struments that are lawful investments for fiduciary, trust, 
or public funds. 
"(5) ACCOUNTING.—The Administrator shall— 
"(A) provide an annual accounting of the fees collected 
and disbursed from the fund; and 
"(B) take all steps necessary to ensure that expenditures 
from such fund are used only to carry out this section. 
"(1) JUDICIAL REVIEW.—Any failure of the Administrator to take 
any action required by this section shall be subject to judicial review 
under the procedures prescribed by section 16(b).". 
(b) CONFORMING AMENDMENT.— 
(1) Section 3(cX2XB) (7 U.S.C. 136a(cX2XB)) is amended by 
adding at the end of clauses (ii) and (iii) the following: "The 
Administrator shall issue a notice of intent to suspend the 
registration of a pesticide in accordance with the procedures 
prescribed by clause (iv) if a registrant fails to comply with this 
(2) Section 3(cX2XD) (7 U.S.C. 136a(cX2XD)) is amended— 
(A) in the matter preceding clause (i), by striking out "an 
end use product" and inserting in lieu thereof "the pes-
ticide that is the subject of the application"; and 
(B) in clause (i), by striking out "the safety of. 
SEC. 103. EXPEDITED REGISTRATION OF SIMILAR APPLICATIONS. 
Section 3(cX3) (7 U.S.C. 136a(cX3)) is amended— 
(1) by striking out "APPUCATION.—The Administrator" and 
inserting in lieu thereof "APPLICATION.— 
"(A) The Administrator"; and 
(2) by adding at the end thereof the following new 
subparagraph: 
"(BXi) The Administrator shall, as expeditiously as pos-
sible, review and act on any application received by the 
Administrator that— 
"(I) proposes the initial or amended registration of an 
end-use pesticide that, if registered as proposed, would 
be identical or substantially similar in composition and 
labeling to a currently-registered pesticide identified in 
the application, or that would differ in composition and 
labeling from such currently-registered pesticide only 
in ways that would not significantly increase the risk of 
unreasonable adverse effects on the environment; or 
102 STAT. 2668 
PUBLIC LAW 100-532—OCT. 25, 1988 
"(II) proposes an amendment to the registration of a 
registered pesticide that does not require scientific 
review of data. 
"(ii) In expediting the review of an application for an 
action described in clause (i), the Administrator shall— 
"(I) within 45 days after receiving the application, 
notify the registrant whether or not the application is 
complete and, if the application is found to be incom-
plete, reject the application; 
"(II) within 90 days after receiving a complete ap-
plication, notify the registrant if the application has 
been granted or denied; and 
"(III) if the application is denied, notify the reg-
istrant in writing of the specific reasons for the denial 
of the application.". 
TITLE II—REVIEW AND CANCELLATION 
Federal 
Register, 
publication. 
Mail. 
SEC. 201. ADMINISTRATIVE CHANGES. 
Section 6 (7 U.S.C. 136d) is amended by redesignating subsection 
(f) as subsection (h) and by inserting after subsection (e) the follow-
ing new subsection: 
"(f) GENERAL PROVISIONS.— 
"(1) VOLUNTARY CANCELLATION.—A registrant at any time 
may request that any of its pesticide registrations be canceled or 
be amended to delete one or more uses. Before acting on such 
request, the Administrator shall publish in the Federal Register 
a notice of the receipt of the request. Thereafter, the Adminis-
trator may approve such a request. 
"(2) PuBUCATiON OF NOTICE.—A notice of denial of registra-
tion, intent to cancel, suspension, or intent to suspend issued 
under this Act or a notice issued under subsection (cX4) or 
(dX5XA) of section 3A shall be published in the Federal Register 
and shall be sent by certified mail, return receipt requested, to 
the registrant's or applicant's address of record on file with the 
Administrator. If the mailed notice is returned to the Adminis-
trator £is undeliverable at that address, if delivery is refused, or 
if the Administrator otherwise is unable to accomplish delivery 
of the notice to the registrant or applicant after making reason-
able efforts to do so, the notice shall be deemed to have been 
received by the registrant or applicant on the date the notice 
was published in the Federal Register.". 
TITLE III—RECORDS AND INSPECTIONS 
Public 
information. 
SEC. 301. RECORDS. 
Section 8(a) (7 U.S.C. 136fta)) is amended— 
(1) by inserting after "requiring producers" the following: 
", registrants, and applicants for registration"; and 
(2) by inserting before the period in the first sentence the 
following: "and to make the records available for inspection and 
copying in the same manner as provided in subsection (b)". 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2669 
SEC. 302. INSPECTIONS. 
(a) IN GENERAL.—Section 9(a) (7 U.S.C. 136g(a)) is amended— 
(1) in the first sentence— 
(A) by inserting "(1)" before "For", 
(B) by inserting after "employees" the following: "of the 
Environmental Protection Agency or of anv State", 
(C) by striking out "at reasonable times, and inserting in 
lieu thereof the following: "at reasonable times (A)", and 
(D) by inserting before the period at the end the follow-
ing: ", or (B) any place where there is being held any 
pesticide the registration of which has been suspended or 
canceled for the purpose of determining compliance with 
section 19"; and 
(2) in the second sentence, by inserting "(2)" before "Before". 
(b) WARRANTS.—Section 9(b) (7 U.S.C. 136g(b)) is amended by 
amending paragraph (1) to read as follows: 
"(1) entry, inspection, and copying of records for purposes of 
this section or section 8;". 
TITLE IV—DISPOSAL AND 
TRANSPORTATION 
SEC. 401. STORAGE, DISPOSAL, TRANSPORTATION, AND RECALL. 
Section 19 (7 U.S.C. 136q) is amended to read as follows: 
"SEC. 19. STORAGE, DISPOSAL, TRANSPORTATION, AND RECALL. 
"(a) STORAGE, DISPOSAL, AND TRANSPORTATION.— 
"(1) DATA REQUIREMENTS AND REGISTRATION OF PESTICIDES.— 
The Administrator may require under section 3 or 6 that— 
"(A) the registrant or applicant for registration of a 
pesticide submit or cite data or information regarding 
methods for the safe storage and disposal of excess quan-
tities of the pesticide to support the registration or contin-
ued registration of a pesticide; 
"(B) the labeling of a pesticide contain requirements and 
procedures for the transportation, storage, and disposal of 
the pesticide, any container of the pesticide, any rinsate 
containing the pesticide, or any other material used to 
contain or collect excess or spilled quantities of the pes-
ticide; and 
"(C) the registrant of a pesticide provide evidence of 
sufficient financial and other resources to carry out a recall 
plan under subsection (b), and provide for the disposition of 
the pesticide, in the event of suspension and cancellation of 
the pesticide. 
"(2) PESTICIDES.—The Administrator may by regulation, or as 
part of an order issued under section 6 or an amendment to 
such an order— 
"(A) issue requirements and procedures to be followed by 
any person who stores or transports a pesticide the registra-
tion of which has been suspended or canceled; 
"(B) issue requirements and procedures to be followed by 
any person who disposes of stocks of a pesticide the registra-
tion of which has been suspended; and 
"(C) issue requirements and procedures for the disposal of 
any pesticide the registration of which has been canceled. 
"(b) RECALLS.— 
102 STAT. 2670 
PUBLIC LAW 100-532—OCT. 25, 1988 
Safety. 
Environmental 
protection. 
Regulations. 
"(1) IN GENERAL.—If the registration of a pesticide has been 
suspended and canceled under section 6, and if the Adminis-
trator finds that recall of the pesticide is necessary to protect 
health or the environment, the Administrator shall order a 
recall of the pesticide in accordance with this subsection. 
"(2) VOLUNTARY RECALL.—If, after determining under para-
graph (1) that a recall is necessary, the Administrator finds that 
voluntary recall by the registrant and others in the chain of 
distribution may be as safe and effective as a mandatory recall, 
the Administrator shall request the registrant of the pesticide 
to submit, within 60 days of the request, a plan for the vol-
untary recall of the pesticide. If such a plan is requested and 
submitted, the Administrator shall approve the plan and order 
the registrant to conduct the recall in accordance with the plan 
unless the Administrator determines, after an informal hearing, 
that the plan is inadequate to protect health or the 
environment. 
"(3) MANDATORY RECALL.—If, after determining under para-
graph (1) that a recall is necessary, the Administrator does not 
request the submission of a plan under paragraph (2) or finds 
such a plan to be inadequate, the Administrator shall issue a 
regulation that prescribes a plan for the recall of the pesticide. 
A regulation issued under this paragraph may apply to any 
person who is or was a registrant, distributor, or seller of the 
pesticide, or any successor in interest to such a person. 
"(4) RECALL PROCEDURE.—A regulation issued under this 
subsection may require any person that is subject to the regula-
tion to— 
"(A) arrange to make available one or more storage 
facilities to receive and store the pesticide to which the 
recall program applies, and inform the Administrator of the 
location of each such facility; 
"(B) accept and store at such a facility those existing 
stocks of such pesticide that are tendered by any other 
person who obtained the pesticide directly or indirectly 
from the person that is subject to such regulation; 
"(C) on the request of a person making such a tender, 
provide for proper transportation of the pesticide to a stor-
age facility; and 
"(D) take such reasonable steps as the regulation may 
prescribe to inform persons who may be holders of the 
pesticide of the terms of the recall regulation and how those 
persons may tender the pesticide and arrange for transpor-
tation of the pesticide to a storage facility. 
"(5) CONTENTS OF RECALL PLAN.—A recall plan established 
under this subsection shall include— 
"(A) the level in the distribution chain to which the recall 
is to extend, and a schedule for recall; and 
"(B) the means to be used to verify the effectiveness of the 
recall. 
"(6) REQUIREMENTS OR PROCEDURES.—No requirement or 
procedure imposed in accordance with paragraph (2) of subsec-
tion (a) may require the recall of existing stocks of the pesticide 
except as provided by this subsection. 
"(c) STORAGE COSTS.— 
"(1) SUBMISSION OF PLAN.—A registrant who wishes to become 
eligible for reimbursement of storage costs incurred as a result 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2671 
of a recall prescribed under subsection (b) for a pesticide whose 
registration has been suspended and canceled shall, as soon as 
practicable after the suspension of the registration of the pes-
ticide, submit to the Administrator a plan for the storage and 
disposal of the pesticide that meets criteria established by the 
Administrator by regulation. 
"(2) REIMBURSEMENT.—Within a reasonable period of time 
after such storage costs are incurred and paid by the registrant, 
the Administrator shall reimburse the registrant, on request, 
for— 
"(A) none of the costs incurred by the registrant before 
the date of submission of the plan referred to in paragraph 
(1) to the Administrator; 
"(B) 100 percent of the costs incurred by the registrant 
after the date of submission of the plan to the Adminis-
trator or the date of cancellation of the registration of the 
pesticide, whichever is later, but before the approval of the 
plan by the Administrator; 
"(C) 50 percent of the costs incurred by the registrant 
during the 1-year period beginning on the date of the 
approval of the plan by the Administrator or the date of 
cancellation of the registration of the pesticide, whichever 
is later; 
"(D) none of the costs incurred by the registrant during 
the 3-year period beginning on the 366th day following 
approval of the plan by the Administrator or the date of 
cancellation of the registration of the pesticide, whichever 
is later; and 
"(E) 25 percent of the costs incurred by the registrant 
during the period beginning on the first day of the 5th year 
following the date of the approval of the plan by the 
Administrator or the date of cancellation of the registration 
of the pesticide, whichever is later, and ending on the date 
that a disposal permit for the pesticide is issued by a State 
or an alternative plan for disposal of the pesticide in accord-
ance with applicable law has been developed. 
"(d) ADMINISTRATION OF STORAGE, DISPOSAL, TRANSPORTATION, AND 
RECALL PROGRAMS.— 
"(1) VOLUNTARY AGREEMENTS.—Nothing in this section shall 
be construed as preventing or making unlawful any agreement 
between a seller and a buyer of any pesticide or other substance 
regarding the ultimate allocation of the costs of storage, 
transportation, or disposal of a pesticide. 
"(2) RULE AND REGULATION REVIEW.—Section 25(aX4) shall not 
apply to any regulation issued under subsection (a)(2) or (b). 
*(3) LIMITATIONS.—No registrant shall be responsible under 
this section for a pesticide the registration of which is held by 
another person. No distributor or seller shall be responsible 
under this section for a pesticide that the distributor or seller 
did not hold or sell. 
"(4) SEIZURE AND PENALTIES.—If the Administrator finds that 
a person who is subject to a regulation or order under subsec-
tion (aX2) or (b) has failed substantially to comply with that 
regulation or order, the Administrator may take action under 
section 13 or 14 or obtain injunctive relief under section 16(c) 
against such person or any successor in interest of any such 
person.". 
102 STAT. 2672 
PUBLIC LAW 100-532—OCT. 25, 1988 
SXC 4t2. CONTAINERS. RINSATES, AND OTHER MATERIALS. 
Section 19(a) (7 U.S.C. 136q<a)) (as amended by section 401 of this 
Ad) is farther amended by adding at the end thereof the following 
new paragraph: 
"(3) (>ONTAINEBS, RINSATES, AND OTHER MATERIALS.—^The 
Administrator may by r^ulation, or as part of an order issued 
under section 6 or an amendment to such an order— 
"(A) issue requirements and procedures to be followed by 
any person who stores or transports any container of a 
pesticide the r^istration of which has been suspended or 
canceled, any rinsate containing the pesticide, or any other 
material used to contain or collect excess or spilled quan-
tities of the pesticide; 
"(B) issue requirements and procedures to be followed by 
any person who disposes of stocks of any container of a 
pesticide the registration of which has been suspended, any 
rinsate containing the pesticide, or any other material used 
to contain or collect excess or spilled quantities of the 
pesticide; and 
"(Q issue requirements and procedures for the disposal of 
any container of a pesticide the r^istration of which has 
been canceled, any rinsate containing the pesticide, or any 
other material used to contain or collect excess or spilled 
quantities of the pesticide.". 
SEC 403. PESTICIDE CX)NTAINERS. 
Section 19 (7 U.S.C. 136q) (as amended by section 401 of this Act) is 
further amended by adding at the end thereof the following new 
subsections: 
"(e) CONTAINER DESIGN.— 
"(1) PROCEDURES.— 
Regulations. 
"(A) Not later than 3 years after the effective date of this 
subsection, the Administrator shall, in consultation with 
the heads of other interested Federal agencies, promulgate 
regulations for the design of pesticide containers that will 
promote the safe storage and disposal of pesticides. 
"(B) The r^ulations shall ensure, to the fullest extent 
practicable, that the containers— 
"(i) accommodate procedures used for the removal of 
pesticides from the containers and the rinsing of the 
containers; 
"(ii) facilitate the safe use of the containers, includ-
ing elimination of splash and leakage of pesticides from 
the containers; 
"(iii) facilitate the safe disposal of the containers; and 
"(iv) facilitate the safe refill and reuse of the 
containers. 
"(2) COMPLIANCE.—^The Administrator shall require compli-
ance with the lobulations referred to in paragraph (1) not later 
than 5 years after the effective date of this subsection. 
"(f) PssnciDB REsmuE REMOVAL.— 
"(1) PROCEDURES.— 
Regulations. 
"(A) Not later than 3 years after the effective date of this 
subsection, the Administrator shall, in consultation with 
the heads of other interested Federal agencies, promulgate 
r^ulations prescribing procedures and standards for the 
removal of pesticides from containers prior to disposal. 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2673 
"(B) The regulations may— 
"(i) specify, for each major type of pesticide con-
tainer, procedures and standards providing for, at a 
minimum, triple rinsing or the equivalent degree of 
pesticide removal; 
"(ii) specify procedures that can be implemented 
promptly and easily in various circumstances and 
conditions; 
"(iii) provide for reuse, whenever practicable, or 
disposal of rinse water and residue; and 
'(iv) be coordinated with requirements for the rins-
ing of containers imposed under the Solid Waste Dis-
posal Act (42 U.S.C. 6901 et seq.). 
"(C) The Administrator may, at the discretion of the 
Administrator, exempt products intended solely for house-
hold use from the requirements of this subsection. 
"(2) CoMPUANCE.—Effective beginning 5 years after the effec-
tive date of this subsection, a State may not exercise primary 
enforcement responsibility under section 26, or certify an ap-
plicator under section 4, unless the Administrator determines 
that the State is carrying out an adequate program to ensure 
compliance with this subsection. 
"(3) SOLID WASTE DISPOSAL ACT.—Nothing in this subsection 
shall affect the authorities or requirements concerning pesticide 
containers under the Solid Waste Disposal Act (42 U.S.C. 6901). 
"(g) PESTICIDE CONTAINER STUDY.— 
"(1) STUDY.— 
"(A) The Administrator shall conduct a study of options 
to encourage or require— 
"(i) the return, refill, and reuse of pesticide con-
tainers; 
"(ii) the development and use of pesticide formula-
tions that facilitate the removal of pesticide residues 
from containers; and 
"(iii) the use of bulk storage facilities to reduce the 
number of pesticide containers requiring disposal. 
"(B) In conducting the study, the Administrator shall— 
"(i) consult with the heads of other interested Fed-
eral agencies. State agencies, industry groups, and 
environmental organizations; and 
"(ii) assess the feasibility, costs, and environmental 
benefits of encouraging or requiring various measures 
or actions. 
"(2) REPORT.—Not later than 2 years after the effective date of 
this subsection, the Administrator shall submit to Congress a 
report describing the results of the study required under 
paragraph (1). 
"(h) RELATIONSHIP TO SOLID WASTE DISPOSAL ACT.—Nothing in this 
section shall diminish the authorities or requirements of the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.).". 
SEC. 404. NOTICE FOR STORED PESTICIDES WITH CANCELED OR SUS-
PENDED REGISTRATIONS. 
Section 6 (7 U.S.C. 136d) (as amended by section 201(a) of this Act) 
is amended by adding after subsection (f) the following: 
102 STAT. 2674 
PUBLIC LAW 100-532—OCT. 25, 1988 
"(g) NOTICE FOR STORED PESTICIDES WITH CANCELED OR SUSPENDED 
REGISTRATIONS.— 
Business and 
"(D IN GENERAL.—Any producer or exporter of pesticides, 
industry. 
registrant of a pesticide, applicant for registration of a pesticide, 
Commerce and 
applicant for or holder of an experimental use permit, commer-
trade. 
cial applicator, or any person who distributes or sells any 
pesticide, who possesses any pesticide which has had its reg-
istration canceled or suspended under this section shall notify 
the Administrator and appropriate State and local officials of— 
"(A) such possession, 
"(B) the quantity of such pesticide such person possesses, 
and 
"(C) the place at which such pesticide is stored. 
"(2) COPIES.—The Administrator shall transmit a copy of each 
notice submitted under this subsection to the regional office of 
the Environmental Protection Agency which has jurisdiction 
over the place of pesticide storage identified in the notice.". 
TITLE V—INDEMNITIES 
SEC. 501. INDEMNITIES. 
Effective date. 
(a) IN GENERAL.—Effective 180 days after the date of enactment of 
this Act, section 15 (7 U.S.C. 136m) is amended to read as follows: 
"SEC. 15. INDEMNITIES. 
"(a) GENERAL INDEMNIFICATION.— 
"(1) IN GENERAL.—Except as otherwise provided in this sec-
tion, i
f
— 
"(A) the Administrator notifies a registrant under section 
6(c)(1) that the Administrator intends to suspend a registra-
tion or that an emergency order of suspension of a registra-
tion under section 6(c)(3) has been issued; 
"(B) the registration in question is suspended under 
section 6(c), and thereafter is canceled under section 6(b), 
6(d), or 6(f); and 
"(C) any person who owned any quantity of the pesticide 
immediately before the notice to the registrant under 
subparagraph (A) suffered losses by reason of suspension or 
cancellation of the registration; 
the Administrator shall make an indemnity payment to the 
person. 
"(2) EXCEPTION.—Paragraph (1) shall not apply if the 
Administrator finds that the person— 
"(A) had knowledge of facts that, in themselves, would 
have shown that the pesticide did not meet the require-
ments of section 3(c)(5) for registration; and 
"(B) continued thereafter to produce the pesticide without 
giving timely notice of such facts to the Administrator. 
"(3) REPORT.—If the Administrator takes an action under 
paragraph (1) that requires the payment of indemnification, the 
Administrator shall report to the Committee on Agriculture of 
the House of Representatives, the Committee on Agriculture, 
Nutrition, and Forestry of the Senate, and the Committees on 
Appropriations of the House of Representatives and the Senate 
on— 
, ' '.afiS'-vi- 
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PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2675 
"(A) the action taken that requires the payment of 
indemnification; 
"(B) the reasons for taking the action; 
"(C) the estimated cost of the payment; and 
"(D) a request for the appropriation of funds for the 
payment. 
"(4) APPROPRIATION.—The Administrator may not make a 
payment of indemnification under paragraph (1) unless a spe-
cific line item appropriation of funds has been made in advance 
for the payment. 
"(b) 
INDEMNIFICATION OF END USERS, DEALERS, AND DISTRIBU-
TORS.— 
"(1) END USERS.—If— 
"(A) the Administrator notifies a registrant under section 
6(c)(1) that the Administrator intends to suspend a registra-
tion or that an emergency order of suspension of a registra-
tion under section 6(c)(3) has been issued: 
"(B) the registration in question is suspended under 
section 6(c), and thereafter is canceled under section 6(b), 
6(d), or 6(f); and 
"(C) any person who, immediately before the notice to the 
registrant under subparagraph (A), owned any quantity of 
the pesticide for purposes of applying or using the pesticide 
as an end user, rather than for purposes of distributing or 
selling it or further processing it for distribution or sale, 
suffered a loss by reason of the suspension or cancellation of 
the pesticide; 
the person shall be entitled to an indemnity payment under this 
subsection for such quantity of the pesticide. 
"(2) DEALERS AND DISTRIBUTORS.— 
"(A) Any registrant, wholesaler, dealer, or other distribu-
tor (hereinafter in this paragraph referred to as a 'seller') of 
a registered pesticide who distributes or sells the pesticide 
directly to any person not described as an end user in 
paragraph (1)(C) shall, with respect to any quantity of the 
pesticide that such person cannot use or resell as a result of 
the suspension or cancellation of the pesticide, reimburse 
such person for the cost of first acquiring the pesticide from 
the seller (other than the cost of transportation, if any), 
unless the seller provided to the person at the time of 
distribution or sale a notice, in writing, that the pesticide is 
not subject to reimbursement by the seller. 
"(B) If— 
"(i) the Administrator notifies a registrant under 
section 6(c)(1) that the Administrator intends to sus-
pend a registration or that an emergency order of 
suspension of a registration under section 6(cX3) has 
been issued; 
"(ii) the registration in question is suspended under 
section 6(c), and thereafter is canceled under section 
6(b), 6(d), or 6(f); 
"(iii) any person who, immediately before the notice 
to the registrant under clause (i)— 
"(I) had not been notified in writing by the seller, 
as provided under subparagraph (A), that any 
quantity of the pesticide owned by such person is 
not subject to reimbursement by the seller in the 
102 STAT. 2676 
PUBLIC LAW 100-532—OCT. 25, 1988 
event of suspension or cancellation of the pesticide; 
and 
"(11) owned any quantity of the pesticide for 
purposes of— 
"(aa) distributing or selling it; or 
"(bb) further processing it for distribution or 
sale directly to an end user; 
suffered a loss by reason of the suspension or cancella-
tion of the pesticide; and 
"(iv) the Administrator determines on the basis of a 
claim of loss submitted to the Administrator by the 
person, that the seller— 
"(I) did not provide the notice specified in 
subparagraph (A) to such person; and 
"(II) is and will continue to be unable to provide 
reimbursement to such person, as provided under 
subparagraph (A), for the loss referred to in clause 
(iii), as a result of the insolvency or bankruptcy of 
the seller and the seller's resulting inability to 
provide such reimbursement; 
the person shall be entitled to an indemnity payment under 
this subsection for such quantity of the pesticide. 
"(C) If an indemnity payment is made by the United 
States under this paragraph, the United States shall be 
subrogated to any right that would otherwise be held under 
this paragraph by a seller who is unable to make a re-
imbursement in accordance with this paragraph with 
regard to reimbursements that otherwise would have been 
made by the seller. 
"(3) SOURCE.—Any payment required to be made under para-
graph (1) or (2) shall be made from the appropriation provided 
under section 1304 of title 31, United States Code. 
"(4) ADMINISTRATIVE SETTLEMENT.—An administrative settle-
ment of a claim for such indemnity may be made in accordance 
with the third paragraph of section 2414 of title 28, United 
States Code, and shall be regarded as if it were made under that 
section for purposes of section 1304 of title 31, United States 
Code. 
"(c) AMOUNT OF PAYMENT.— 
"(1) IN GENERAL.—The amount of an indemnity payment 
under subsection (a) or (b) to any person shall be determined on 
the basis of the cost of the pesticide owned by the person (other 
than the cost of transportation, if any) immediately before the 
issuance of the notice to the registrant referred to in subsection 
(a)(1)(A), (b)(1)(A), or (b)(2)(B)(i), except that in no event shall an 
indemnity payment to any person exceed the fair market value 
of the pesticide owned by the person immediately before the 
issuance of the notice. 
"(2) SPECIAL RULE.—Notwithstanding any other provision of 
this Act, the Administrator may provide a reasonable time for 
use or other disposal of the pesticide. In determining the quan-
tity of any pesticide for which indemnity shall be paid under 
this section, proper adjustment shall be made for any pesticide 
used or otherwise disposed of by the owner.". 
7 u s e 136m 
(b) INTERIM PAYMENTS.— 
^°^^- 
(1) SOURCE.—Any obligation of the Administrator to pay an 
indemnity arising under section 15, as it existed prior to the 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2677 
effective date of the amendment made by this section, shall be 
made from the appropriation provided under section 1304 of 
title 31, United States Code. 
(2) ADMINISTRATIVE SETTLEMENT.—An administrative settle-
ment of a claim for such indemnity may be made in accordance 
with the third paragraph of section 2414 of title 28, United 
States Code, and shall be regarded as if it were made under that 
section for purposes of section 1304 of title 31, United States 
Code. 
TITLE VI—GENERAL 
SEC. 601. DEFINITIONS. 
(a) IN GENERAL.— 
(1) To USE ANY REGISTERED PESTICIDE IN A MANNER INCONSIST-
ENT WITH ITS LABEUNG.—The first proviso of section 2(ee) (7 
U.S.C. 136(ee)) is amended— 
(A) in clause (1), by inserting before the comma at the end 
thereof the following: "unless the labeling specifically pro-
hibits deviation from the specified dosage, concentration, or 
frequency"; and 
(B) in clause (3), by inserting before the comma at the end 
thereof the following: "unless the labeling specifically 
states that the product may be applied only by the methods 
specified on the labeling". 
(2) To DISTRIBUTE O
R SELL.—SectioD 2 (as amended by section 
101 of this Act) is further amended by adding at the end thereof 
the following new subsection: 
"(gg) To DISTRIBUTE OR SELL.—The term 'to distribute or sell' 
means to distribute, sell, offer for sale, hold for distribution, hold for 
sale, hold for shipment, ship, deliver for shipment, release for 
shipment, or receive and (having so received) deliver or offer to 
deliver. The term does not include the holding or application of 
registered pesticides or use dilutions thereof by any applicator who 
provides a service of controlling pests without delivering any 
unapplied pesticide to any person so served.". 
O
t
>
) CONFORMING AMENDMENTS.— 
(1) REGISTRATION OF PESTICIDES.—Subsection (a) of section 3 
(7 U.S.C. 136a(a)) is amended to read as follows: 
"(a) REQUIREMENT OF REGISTRATION.—Except as provided by this 
Act, no person in any State may distribute or sell to any person any 
pesticide that is not registered under this Act. To the extent nee- Environmental 
essary to prevent unreasonable adverse effects on the environment, protection. 
the Administrator may by regulation limit the distribution, sale, or 
use in any State of any pesticide that is not registered under this 
Act and that is not the subject of an experimental use permit under 
section 5 or an emergency exemption under section 18. . 
(2) UNLAWFUL ACTS.—Section 12(a) (7 U.S.C. 136j(a)) is 
amended— 
(A) in paragraph (1), by striking out "distribute, sell, offer 
for sale, hold for sale, ship, deliver for shipment, or receive 
and (having so received) deliver or offer to deliver, to any 
person—" and inserting in lieu thereof "distribute or sell to 
any person—"; and 
(B) in paragraph (2XF), by striking out "to make" and 
inserting in lieu thereof "to distribute or sell, or to make". 
102 STAT. 2678 
PUBLIC LAW 100-532—OCT. 25, 1988 
Records. 
Reports. 
Records. 
SEC. 602. SCIENTIFIC ADVISORY PANEL. 
The sentence beginning "The advisory panel established" in sec-
tion 25(d) (7 U.S.C. 136w(d)) is amended to read as follows: "The 
advisory panel established under this section shall be permanent.". 
SEC. 603. UNLAWFUL ACTS. 
Section 12(a) (7 U.S.C. 136j(a)) (as amended by section 601(bX2) of 
this Act) is further amended— 
(1) in paragraph (1), by striking out subparagraph (A) and 
inserting in lieu thereof the following new subparagraph: 
"(A) any pesticide that is not registered under section 3 or 
whose registration has been canceled or suspended, except 
to the extent that distribution or sale otherwise has been 
authorized by the Administrator under this Act;"; and 
(2) in paragraph (2)— 
(A) by striking out subparagraph (B) and inserting in lieu 
thereof the following new subparagraph: 
"(B) to refuse to— 
"(i) prepare, maintain, or submit any records re-
quired by or under section 5, 7, 8,11, or 19; 
"(ii) submit any reports required by or under section 
5, 6, 7, 8,11, or 19; or 
"(iii) allow any entry, inspection, copying of records, 
or sampling authorized by this Act;"; 
(B) by striking out subparagraphs (J) and (K) and insert-
ing in lieu thereof the following new subparagraphs: 
"(J) to violate any suspension order issued under section 
3(c)(2XB), 3A, or 6; 
"(K) to violate any cancellation order issued under this 
Act or to fail to submit a notice in accordance with section 
6(g);"; 
(C) in subparagraph (M), by striking out "section 8" and 
inserting in lieu thereof "this Act"; and 
(D) by adding at the end thereof the following new 
subparagraphs: 
"(Q) to falsify all or part of any information relating to 
the testing of any pesticide (or any ingredient, metabolite, 
or degradation product thereof), including the nature of any 
protocol, procedure, substance, organism, or equipment 
used, observation made, or conclusion or opinion formed, 
submitted to the Administrator, or that the person knows 
will be furnished to the Administrator or will become a part 
of any records required to be maintained by this Act; 
"(R) to submit to the Administrator data known to be 
false in support of a registration; or 
"(S) to violate any regulation issued under section 3(a) 
or 19.". 
SEC. 604. PENALTIES. 
Paragraph (1) of section 14(b) (7 U.S.C. 1361(b)) is amended to read 
as follows: 
"(1) IN GENERAL.— 
"(A) Any registrant, applicant for a registration, or pro-
ducer who knowingly violates any provision of this Act 
shall be fined not more than $50,000 or imprisoned for not 
more than 1 year, or both. 
PUBLIC LAW 100-532-OCT. 25, 1988 
102 STAT. 2679 
"(B) Any commercial applicator of a restricted use pes-
ticide, or any other person not described in subparagraph 
(A) who distributes or sells pesticides or devices, who know-
ingly violates any provision of this Act shall be fined not 
more than $25,000 or imprisoned for not more than 1 year, 
or both.". 
SEC. 605. CONGRESSIONAL REVIEW. 
Paragraph (4) of section 25(a) (7 U.S.C. 136w(a)(4)) is amended to 
read as follows: 
"(4) 
CONGRESSIONAL 
REVIEW 
OF REGULATIONS.—Simulta-
neously with the promulgation of any rule or regulation under 
this Act, the Administrator shall transmit a copy thereof to the 
Secretary of the Senate and the Clerk of the House of Rep-
resentatives. The rule or regulation shall not become effective 
until the passage of 60 calendar days after the rule or regula-
tion is so transmitted.". 
TITLE VII—AUTHORIZATION FOR 
APPROPRIATIONS 
SEC. 701. AUTHORIZATION FOR APPROPRIATIONS. 
Effective October 1, 1988, section 31 (7 U.S.C. 136y) is amended to Effective date, 
read as follows: 
"SEC. 31. AUTHORIZATION FOR APPROPRIATIONS. 
"There is authorized to be appropriated to carry out this Act 
(other than section 23(a))— 
"(1) $83,000,000 for fiscal year 1989, of which not more than 
$13,735,500 shall be available for research under this Act; 
"(2) $95,000,000 for fiscal year 1990, of which not more than 
$14,343,600 shall be available for research under this Act; and 
"(3) $95,000,000 for fiscal year 1991, of which not more than 
$14,978,200 shall be available for research under this Act.". 
TITLE VIII—TECHNICAL AMENDMENTS 
SEC. 801. TECHNICAL AMENDMENTS. 
(a) SECTION 2.—Section 2 (7 U.S.C. 136) is amended— 
(1) in subsection (c), by striking out "if:" and inserting in lieu 
thereof "if—"; 
(2) in subsection (p)(2), by striking out "Health, Education, 
and Welfare" and inserting in lieu thereof "Health and Human 
Services"; 
(3) in subsection (q)(2)(A), by striking out "if:" and inserting in 
lieu thereof "if—"; 
(4) in subsection (q)(2)(C)(iii), by striking out ": Provided, 
That" and inserting in lieu thereof ", except that"; 
(5) in subsection (u)— 
(A) by striking out ": Provided, That" and inserting in 
lieu thereof ", except that"; 
(B) by striking out "(l)(a)"; 
(C) by striking out "or (b)''; 
102 STAT. 2680 
PUBLIC LAW 100-532—OCT. 25, 1988 
(D) by striking out "Health, Education, and Welfare" and 
inserting in lieu thereof "Health and Human Services"; 
(E) by striking out "(2) that" and inserting in lieu thereof 
"that"; and 
(F) by striking out "an article covered by clause (1) of this 
proviso" and inserting in lieu thereof "a new animal drug"; 
and 
(6) in subsection (ee)— 
(A) by striking out ": Provided, That the term" and 
inserting in lieu thereof ", except that the term"; 
(B) by striking out "or" before clause (4); 
(C) by striking out ": Provided further, That the term also 
shall not include" and inserting in lieu thereof ", (5)"; 
(D) by striking out "or any use" and inserting in lieu 
thereof "or (6) any use"; and 
(E) by striking out ": And provided further. That after" 
and inserting in lieu thereof a period and "After". 
(b) SECTION 3.—Section 3 (7 U.S.C. 136a) is amended— 
(1) in subsection (c)(1)(D), by striking out "subsection (c)(2)(D) 
of this section" and inserting in lieu thereof "paragraph (2)(D)"; 
(2) in subsection (c)(lXD)(i)— 
(A) by striking out "With" and inserting in lieu thereof 
"with", and 
(B) by striking out ": Provided, That" and inserting in 
lieu thereof ", except that"; 
(3) in subsection (c)(lXD)(ii), by striking out "subparagraph 
(DXi) of this paragraph" and inserting in lieu thereof "clause 
(i)"; 
(4) in subsection (cXlXDXiii), by striking out "subparagraphs 
(DXi) and (DXii) of this paragraph" and inserting in lieu thereof 
"clauses (i) and (ii)"; 
(5) in subsection (c)(2)— 
(A) by striking out "(2XA) DATA IN SUPPORT OF REGISTRA-
TION.—The" and inserting in lieu thereof the following: 
"(2) DATA IN SUPPORT OF REGISTRATION.— 
"(A) The"; 
(B) by indenting all of subparagraph (A) (as amended by 
the preceding provisions of this Act) two ems, so as to align 
its left margin with the margin of subparagraph (A) of 
section 3(dXl); 
(C) in subparagraph (B), by striking out "(B)" and all that 
follows through "(i) If' and inserting in lieu thereof the 
following: 
"(B)(i)If'; 
(D) by realigning clauses (ii), (iii), (iv), and (v) of subpara-
graph (B) (as amended by the preceding provisions of this 
Act) two ems to the left, so as to align the left margin of 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2681 
each clause with the margin of subparagraph (A) (as 
amended by subparagraph (B) of this paragraph); 
(E) in the fourth sentence of subparagraph (BXiv), by 
striking out ": Provided, That the" and inserting in lieu 
thereof a period and "The"; 
(F) in the first sentence of subparagraph (BXv), by strik-
ing out "subsection (cXlXD) of this section" and inserting in 
lieu thereof "paragraph (IXD)"; 
(G) in subparagraph (C), by striking out "SIMPUFIED 
PROCEDURES.—"; and 
(H) by indenting all of subparagraph (C) two ems, so as to 
align its left margin with the margin of subparagraph (A) 
(as amended by subparagraph (B) of this paragraph); 
(6) in subsection (cX7)— 
(A) by striking out "subsection (cX5) of this section" each 
place it appears and inserting in lieu thereof "paragraph 
(5)"; 
(B) in the second sentence of subpars^aph (A), by strik-
ing out ": Provided, That, i f and inserting in lieu thereof a 
period and "If; 
(C) in subparagraph (B), by striking out ": Provided, That, 
i f and inserting in lieu thereof a period and "If; and 
(D) in subparagraph (C), by striking out ": Provided, That 
a" and insertiii^ in lieu thereof a period and "A"; 
(7) in subsection (dXlXA)— 
(A) in the first sentence, by striking out ", provided that 
i f and inserting in lieu thereof a period and "If; 
(B) in the last sentence, by striking out ": Provided, 
however. That the" and inserting in lieu thereof a period 
and "The"; 
(8) in subsection (fK2), by striking out ": Provided, That as" 
and inserting in lieu thereof a period and "As"; and 
(9) by striMng out subsection (g). 
(c) SECTION 4.—Section 4(aXl) (7 U.S.C. 136b(aXl)) is amended— 
(1) by striking out ": Provided, That such" and inserting in 
lieu thereof a period and "Such"; and 
(2) by striking out ": Provided, however. That the" and insert-
ing in lieu thereof a period and "The". 
(d) SECTION 5.—The last sentence of section 5(g) (7 U.S.C. 136c(g)) is 
amended by striking out ": Provided, That such" and inserting in 
lieu thereof a period and "Such". 
(e) SECTION 6.—Section 6 (7 U.S.C. 136d) is amended— 
(1) in subsection (a), by striking out ": Provided, That the" and 
inserting in lieu thereof a period and "The"; 
(2) in subsection (c), by striking out "Agency" each place it 
appears and inserting in lieu thereof "Administrator"; 
(3) in subsection (cXD, by running into the second sentence 
the undesignated paragraph in that subsection; 
(4) in the second sentence of subsection (cX3)--
(A) by striking out "(i)" and inserting in lieu thereof 
"(A)"; and 
(B) by striking out "(ii)" and inserting in lieu thereof 
"(B)"; 
(5) in subsection (eXD, by striking out ": Provided, That the" 
and inserting in lieu thereof a period and "The"; and 
102 STAT. 2682 
PUBLIC LAW 100-532—OCT. 25, 1988 
(6) in the second sentence of subsection (eX2), by striking out 
": Provided, That the'' and inserting in lieu thereof a period and 
"The". 
(f) SKcnoN 10-—Section 10(d) (7 UJS-C. 136h(d)) is amended— 
(1) in paragraph (1)— 
(A) by striking out": Provided, That the" and inserting in 
lieu thereof a period and ''The"; and 
(B) by striking out "i Provided further. That this" and 
inserting in lieu thereof a period and ''This"; and 
(2) in the second sentence of paragraph (3), by striking out 
": Provided, That where" and inserting in lieu thereof a period 
and "Where". 
(g) SBcnoN 12.—Section 12(aX2XF) (7 U.S.C. 136j(aX2KF)) is 
amended by striking out ": Provided, That it" and inserting in lieu 
thereof a period and "It". 
(h) SBCHON 13.—Section 13 (7 U.S.C. 136k) is amended— 
(1) in subsection (b), by moving the last sentence in paragraph 
(3) after such paragraph as a full measure sentence; and 
(2) in the first sentence of subsection (c) by striking out 
": Provided, That upon" and inserting in lieu thereof a period 
and "On". 
(i) SBcnoN 16.—Subsection (a) of section 16 (7 U.S.C. 136n) is 
amended to read as follows: 
"(a) IhsTKiCT CouKT REVIEW.—^Except as otherwise provided in 
this Act, the refusal of the Administrator to cancel or suspend a 
r^pstration or to <diange a classification not following a hearing and 
other final actions of the Administrator not committed to the discre-
tion of the Administrator by law are judicially review^dble by the 
district courts of the United States.". 
(i) SscnoN 17-—Section 17(c) (7 U5.C. 136o(c)) is amended— 
(1) by striking out": Provided, That the" and inserting in lieu 
iherettXa. period and "The"; and 
(2) by striking out ": And provided further, Hiat all" and 
inserting in lieu thereof a period and "AH". 
(k) SBcnoN 18.—Section 18 (7 U-S.C. 136p) is amended— 
(1) in the heading, by inserting "AND STATE" after "FEDEBAL"; 
and 
(2) 
fay 
running in the second sentence after the first sentence. 
0) SscnoN 21.—Section 21 (7 U.S.C. 136s) is amended— 
(1) in subsection (a), by inserting "SBCRETASY OF AGRI-
CULTUBE.—" after the subsection designation; 
(2) in subsection (b), by inserting "VIEWS.—" after the subsec-
ticm dcsignatioi^ and 
(3) in subsection (c), by inserting "NOTICE.—" after the subsec-
tion designation. 
(m) SECTION 24.—Section 24 (7 U.S.C. 136v) is amended— 
(1) in subsection (a), by inserting "IN GENERAL.—" after the 
subsection designation; 
(2) in subsection (b), by inserting "UNIFORMITT.—" after the 
subsection designation; and 
(3) in subsection (c)— 
(A) by striking out "(cXD A" and inserting in lieu thereof 
the following: 
"(c) ADDITIONAL USES.— 
"(DA"; and 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2683 
(B) by indenting each paragraph two ems, so as to aUgn 
the left margin of each paragraph with the margin of 
paragraph (1) of section 25(c). 
(n) SECTION 25.—Section 25 (7 U.S.C. 136w) is amended— 
(1) in subsection (a)— 
(A) by striking out "(a)(1) REGULATIONS.—The" and 
inserting in lieu thereof the following: 
"(a) IN GENERAL.— 
"(1) REGULATIONS.—The"; 
(B) by indenting paragraphs (1), (2), and (3) two ems, so as 
to align the left margin of each paragraph with the margin 
of paragraph (1) of section 25(c) and by indenting each 
subparagraph of paragraph (2) two ems; and 
(C) in paragraph (3), by striking out "Committee on Agri-
culture and Forestry" and inserting in lieu thereof 
"Committee on Agriculture, Nutrition, and Forestry"; and 
(2) in the second sentence of subsection (e) by striking out 
": Provided, That whenever" and inserting in lieu thereof a 
period and "Whenever", 
(o) SECTION 26.—Section 26 (7 U.S.C. 136w-l) is amended— 
(1) in subsection (a), by inserting "IN GENERAL.—" after the 
subsection designation; 
(2) in subsection (a)(1), by striking out "; Provided, That the" 
and inserting in lieu thereof ", except that the"; 
(3) in subsection (b), by inserting "SPECIAL RULES.—" after the 
subsection designation; and 
(4) in subsection (c), by inserting "ADMINISTRATOR.—" after 
the subsection designation. 
(p) SECTION 27.—Section 27 (7 U.S.C. 136w-2) is amended— 
(1) in subsection (a), by inserting "REFERRAL.—" after the 
subsection designation; 
(2) in subsection (b), by inserting "NOTICE.—" after the subsec-
tion designation; and 
(3) in subsection (c), by inserting "CONSTRUCTION.—" after the 
subsection designation. 
(q) REDESIGNATION OF SECTIONS 3 A AND 4.— 
(1) SECTION 4 INTO SECTION ii.— 
(A) Subsections (a), (b), and (c) of section 4 (7 U.S.C. 136b) 
are transferred to section 11 and inserted at the beginning 
and subsections (a) and (b) of section 11 (7 U.S.C. 136i) are 
redesignated as subsections (d) and (e), respectively. 
(B) Section 4 is amended by striking out 
•SEC. 4. USE OF RESTRICTED USE PESTICIDES; CERTIFIED APPLICA-
TORS.". 
(C) The section heading for section 11 is amended to 
read as follows: "USE OF RESTRICTED USE PESTICIDES; 
APPPLICATORS.". 
(D) Sections 5(f), 19(fK2) (as added by section 401 of this 
Act), and 26(b) are each amended by striking out "sec- 7usci36c,I36q, 
tion 4" and inserting in lieu thereof "section 11". 
I36w-l. 
(2) REDESIGNATION OF SECTION 3A AS SECTION 4.— 
(A) IN GENERAL.—Section 3A (as added by section 102 of 
this Act) is redesignated as section 4. 
7 use I36a-i. 
(B) CONFORMING AMENDMENTS.—Sections 6(f)(2) (as added 
by section 201 of this Act) and 12(a)(2)(J) (as amended by 
102 STAT. 2684 
PUBLIC LAW 100-532—OCT. 25, 1988 
7 use I36d, 
section 603 of this Act) are each amended by striking out 
I36j. 
"3A" and inserting in lieu thereof "4". 
SEC. 802. TABLE OF CONTENTS AMENDMENT. 
Subsection 0?) of section 1 (7 U.S.C. prec. 121) is amended to read 
as follows: 
"(h) TABLE OF CONTENTS.— 
"Section 1. Short title and table of contents. 
"(a) Short title. 
"(b) Table of contents. 
"Sec. 2. Definitions. 
"(a) Active ingredient. 
"(b) Administrator. 
"(c) Adulterated. 
"(d) Animal. 
"(e) Certified applicator, etc. 
"(1) Certified applicator. 
"(2) Private applicator. 
"(3) Commercial applicator. 
"(4) Under the direct supervision of a certified applicator. 
"(f> Defoliant. 
"(g) Desiccant. 
"(h) Device. 
"(i) District court, 
"(j) Environment, 
"(k) Fungus. 
"(1) Imminent hazard, 
"(m) Inert ingredient, 
"(n) Ingredient statement, 
"(o) Insect, 
"(p) Label and labeling. 
"(1) Label. 
"(2) Labeling, 
"(q) Misbranded. 
"(r) Nematode, 
"(s) Person. 
"(t) Pest, 
"(u) Pesticide. 
"(v) Plant regulator, 
"(w) Producer and produce. 
"(x) Protect health and the environment. 
"(y) Registrant. 
"(z) Registration, 
"(aa) State. 
"(bb) Unreasonable adverse effects on the environment, 
"(cc) Weed, 
"(dd) Establishment. 
"(ee) To use any registered pesticide in a manner inconsistent with its labeling. 
"(ff) Outstanding data requirement, 
"(gg) To distribute or sell. 
"Sec. 3. Registration of pesticides, 
"(a) Requirement of registration. 
"(b) Exemptions. 
"(c) Procedure for registration. 
"(1) Statement required. 
"(2) Data in support of registration. 
"(3) Time for acting with respect to application. 
"(4) Notice of application. 
"(5) Approval of registration. 
"(6) Denial of registration. 
"(7) Registration under special circumstances. 
"(8) Interim administrative review. 
"(d) Classification of pesticides. 
"(1) Classification for general use, restricted use, or both. 
"(2) Change in classification. 
"(3) Change in classification from restricted use to general use. 
"(e) Products with same formulation and claims. 
"(f) Miscellaneous. 
PUBLIC LAW 100-532—OCT. 25, 1988 
102 STAT. 2685 
"(1) Effect of change of labeling or formulation. 
^r*'V. P 
"(2) Registration not a defense. 
"(3) Authority to consult other Federal agencies. 
'Sec. 4. Reregistration of registered pesticides, 
"(a) General rule. 
"(b) Reregistration phases. 
"(c) Phase one. 
"(1) Priority for reregistration. 
"(2) Reregistration lists. 
"(3) Judicial review. 
"(4) Notice to registrants. 
"(d) Phase two. 
"(1) In general. 
"(2) Notice of intent to seek or not to seek reregistration. 
"(3) Missing or inadequate data. 
"(4) Time periods. 
"(5) Cancellation and removal. 
"(6) Suspensions and penalties. 
"(e) Phsise three. 
"(1) Information about studies. 
"(2) Time periods. 
"(3) Cancellation. 
"(4) Guidelines. 
"(5) Monitoring. 
"(f) Phase four. 
"(1) Independent review and identification of outstanding data requirements. 
"(2) Time periods. 
"(3) Suspensions and penalties. 
"(g) Phase five. 
"(1) Data review. 
"(2) Reregistration and other actions. 
"(h) Compensation of data submitter. 
"(i)Fees. 
"(1) Initial fee for food or feed use pesticide active ingredients. 
"(2) Final fee for food or feed use pesticide active ingredients. 
"(3) Fees for other pesticide active ingredients. 
"(4) Reduction or waiver of fees for minor use and other pesticides. 
"(5) Maintenance fee. 
"(6) Other fees. 
"(7) Apportionment, 
"(j) Exemption of certain registrants. 
"(k) Reregistration and expedited processing fund. 
"(1) Establishment. 
"(2) Source and use. 
"(3) Expedited processing of similar applications. 
"(4) Unused funds. 
"(5) Accounting. 
"(1) Judicial review. 
"Sec. 5. Experimental use permits. 
"(a) Issuance. 
"(b) Temporary tolerance level. 
"(c) Use under permit. 
"(d) Studies. 
"(e) Revocation. 
"(f) State issuance of permits. 
"(g) Exemption for agricultural research agencies. 
"Sec. 6. Administrative review; suspension, 
"(a) Cancellation after five years. 
"(1) Procedure. 
"(2) Information. 
"(b) Cancellation and change in classification or labels. 
"(c) Suspension. 
"(1) Order. 
"(2) Expedite hearing. 
"(3) Emergency order. 
"(4) Judicial review. 
"(d) Public hearings and scientific review. 
"(e) Conditional registration. 
"(f) General provisions. 
"(1) Voluntary cancellation. 
"(2) Publication of notice. 
102 STAT. 2686 
PUBLIC LAW 100-532—OCT. 25, 1988 
"(g) Notice for stored pesticides with canceled or suspended registrations. 
"(1) In general. 
"(2) Copies. 
"(h) Judicial review. 
"Sec. 7. Registration of establishments, 
"(a) Requirements. 
"(b) Registration. 
"(c) Information required. 
"(d) Confidential records and information. 
"Sec. 8. Records. 
"(a) Requirement. 
"(b) Inspection. 
"Sec. 9. Inspection of establishments, etc. 
"(a) In general. 
"(b) Warrants. 
"(c) Enforcement. 
"(1) Certification of facts to Attorney General. 
"(2) Notice not required. 
"(3) Warning notices. 
"Sec. 10. Protection of trade secrets and other information. 
"(a) In general. 
"(b) Disclosure. 
"(c) Disputes. 
"(d) Limitations. 
"(e) Disclosure to contractors. 
"(f) Penalty for disclosure by Federal employees. 
"(g) Disclosure to foreign and multinational pesticide producers. 
"Sec. 11. Use of restricted use pesticides; applicators, 
"(a) Certification procedure. 
"(1) Federal certification. 
"(2) State certification. 
"(b) State plans. 
"(c) Instruction in integrated pest management techniques. 
"(d) In general. 
"(e) Separate standards. 
"Sec. 12. Unlawful acts, 
"(a) In general. 
"(b) Exemptions. 
"Sec. 13. Stop sale, use, removal, and seizure, 
"(a) Stop sale, etc., orders. 
"(b) Seizure. 
"(c) Disposition after condemnation. 
"(d) C!ourt costs, etc. 
"Sec. 14. Penalties, 
"(a) Civil penalties. 
"(1) In general. 
"(2) Private applicator. 
"(3) Hearing. 
"(4) Determination of penalty. 
"(5) References to Attorney General. 
"(b) Criminal penalties. 
"(1) In general. 
"(2) Private applicator. 
"(3) Disclosure of information. 
"(4) Acts of officers, agents, etc. 
"Sec. 15. Indemnities. 
"(a) General indemnification. 
"(1) In general. 
"(2) Exception. 
"(3) Report. 
"(4) Appropriation. 
"(b) Indemnification of end users, dealers, and distributors. 
"(1) End users. 
"(2) Dealers and distributors. 
"(3) Source. 
"(4) Administrative settlement. 
"(c) Amount of payment. 
"(1) In general. 
"(2) Special rule. 
PUBLIC LAW 100-532-OCT. 25, 1988 
102 STAT. 2687 
"Sec. 16. Administrative procedure; judicial review, 
"(a) District court review. 
"(b) Review by Court of Appeals. 
"(c) Jurisdiction of district courts. 
"(d) Notice of judgments. 
"Sec. 17. Imports and exports. 
"(a) Pesticides and devices intended for export. 
"(b) Cancellation notices furnished to foreign governments. 
"(c) Importation of pesticides and devices. 
"(d) Ciooperation in international efforts. 
"(e) Regulations. 
"Sec. 18. Exemption of Federal and State agencies. 
"Sec. 19. Storage, disposal, transportation, and recall. 
"(a) Storage, disposal, and transportation. 
"(1) Data requirements and registration of pesticides. 
"(2) Pesticides. 
"(3) Containers, rinsates, and other materials. 
"(b) Recalls. 
"(1) In general. 
"(2) Voluntary recall. 
"(3) Mandatory recall. 
"(4) Recall procedure. 
"(5) Contents of recall plan. 
"(6) Requirements or procedures. 
' 
"(c) Storage costs. 
"(1) Submission of plan. 
"(2) Reimbursement. 
"(d) Administration of storage, disposal, transportation, and recall programs. 
"(1) Voluntary agreements. 
"(2) Rule and regulation review. 
"(3) Limitations. 
"(4) Seizure and penalties. 
"(e) Container design. 
"(1) Procedures. 
"(2) Compliance. 
"(f) Pesticide residue removal. 
"(1) Procedures. 
"(2) Compliance. 
"(3) Solid Waste Disposal Act. 
"(g) Pesticide container study. 
"(1) Study. 
"(2) Report. 
"(h) Relationship to Solid Waste Disposal Act. 
"Sec. 20. Research and monitoring. 
"(a) Research. 
"(b) National monitoring plan. 
"(c) Monitoring. 
"Sec. 21. Solicitation of comments; notice of public hearings. 
"(a) Secretary of Agriculture. 
"(b) Views. 
"(c) Notice. 
"Sec. 22. Delegation and cooperation. 
"(a) Delegation. 
"(b) Cooperation. 
"Sec. 23. State cooperation, aid, and training. 
"(a) Cooperative agreements. 
"(b) Contracts for training. 
"(c) Information and education. 
"Sec. 24. Authority of States, 
"(a) In general. 
"(b) Uniformity. 
"(c) Additional uses. 
"Sec. 25. Authority of Administrator. 
"(a) In General. 
"(1) Regulations. 
"(2) Procedure. 
"(3) Congressional committees. 
"(4) Congressional review of regulations. 
"(b) Exemption of pesticides. 
"(c) Other authority. 
"(d) Scientific advisory panel. 
102 STAT. 2688 
PUBLIC LAW 100-532—OCT. 25, 1988 
"Sec. 26. State primary enforcement responsibility. 
"(a) In general. 
"(b) Special rules. 
"(c) Administrator. 
"Sec. 27. Failure by the State to assure enforcement of State pesticide use 
regulations. 
"(a) Referral. 
"(b) Notice. 
"(c) Construction. 
"Sec. 28. Identiflcation of pests; cooperation with Department of Agricuture's 
program. 
"Sec. 29. Annual report. 
"Sec. 30. Severability. 
"Sec. 31. Authorization for appropriations.". 
TITLE IX—EFFECTIVE DATE 
7 u s e 136 note. 
SEC. 901. EFFECTIVE DATE. 
Except as otherwise provided in this Act, the amendments made 
by this Act shall take effect on the expiration of 60 days after the 
date of enactment of this Act. 
Approved October 25, 1988. 
LEGISLATIVE HISTORY—S. 659 (H.R. 3108): 
HOUSE REPORTS: No. 100-939, Pt. 1 (Comm. on Agriculture). 
SENATE REPORTS: No. 100-33 (Comm. on Agriculture, Nutrition, and Forestry). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Apr. 9, considered and passed Senate. 
Nov. 30, H.R. 3108 considered and passed House. 
Vol. 134 (1988): Sept. 2(), S. 659 considered and passed House, amended. 
Sept. 28, Senate concurred in House amendments.