Summary: S.2035 — 100th Congress (1987-1988)All Information (Except Text)

There is one summary for S.2035. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (02/04/1988)

Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1988 - Title I: Registration - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for public access to health and safety data submitted to support a registration application for a pesticide containing a new active ingredient, or to authorize the food use of a pesticide active ingredient. Provides criminal penalties for wrongful disclosure. Requires a person seeking such information to affirm that he or she is not working for a pesticide business.

Prohibits conditional registrations for additional uses unless in the public interest.

Requires the reregistration of active ingredient pesticides with outstanding data requirements registered before November 1, 1984.

Requires an inert ingredient priority list to be established.

Provides for the payment of registration fees based on active ingredients.

Title II: Information Disclosure - Requires pesticide producers to make health, safety, and environmental information available to the public.

Provides for data disclosure to States.

Title III: Review and Cancellation - Provides for a public administrative review of pesticide safety.

Provides for cancellation of registrations based on false or invalid data.

Title IV: Records and Inspections - Authorizes duly designated Federal and State officials or employees to inspect pesticide facilities.

Title V: Exports - Requires that specified precautionary information be placed on the labels of pesticides intended for export, unless such information is in conflict with the importing country's laws. Revises notification requirements.

Directs the Administrator of the Environmental Protection Agency to: (1) actively participate in international efforts to develop improved pesticide research and regulatory programs; and (2) report annually to the Congress.

Title VI: Certification, Training, and Recordkeeping for Pesticide Applications - Makes it a violation for any person to use any pesticide as a commercial applicator unless such person is a certified commercial applicator or a registered commercial applicator under the direct supervision of a certified commercial applicator. Requires commercial applicators to maintain records of pesticide applications.

Provides for the development of training materials and procedures, including standards for trainers and training programs. Provides for separate standards for commercial and private applicators. Requires refresher training.

Requires pesticide dealers to maintain sales and distribution records.

Title VII: Additional Data, Data Compensation, and Patents - Requires each registrant of an active ingredient pesticide used only in food, feed, or fiber production to jointly develop, or share in the development costs of, additional data.

Revises data compensation provisions.

Extends patents for certain pesticide, chemical, and plant products that undergo regulatory review prior to commercial marketing.

Provides that during the last two years of a registered pesticide's patent it shall not be an act of patent infringement to make, use, or sell such pesticide solely for testing reasonably related to the development or submission of certain required data.

Title VIII: General - Subtitle A: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act - Provides for State regulation, under specified conditions, of household antimicrobial pesticides not intended for use on food or feed. Terminates such authority five years after enactment of this Act.

Permits a State, in regulating pesticide sales or uses, to take into account the difference in concept and usage between various pesticide classes and the differences in environmental risk (and risk evaluation) between agricultural and nonagricultural pesticides.

Terminates State primary enforcement responsibility for pesticide violations as of January 1, 1990, unless the Administrator of the Environmental Protection Agency (EPA) determines that the State has the authority to impose civil and criminal penalties at least equal to those provided for in this Act.

Requires the Administrator of EPA to establish criteria for disapproving special local needs registrations.

Makes the scientific advisory panel under such Act permanent.

Authorizes EPA action if a State fails to take appropriate investigative or enforcement measures.

Authorizes any person to obtain judicial review of EPA regulations.

Revises enforcement and penalty provisions under such Act.

Requires congressional review of EPA regulations and rules.

Requires: (1) indemnity reports to the appropriate congressional committees; (2) the Administrator to protect drinking water and groundwater from pesticide contamination; (3) the Administrator to protect the health and safety of pesticide workers; and (4) the Administrator to develop antimicrobial standards.

Requires the Administrator to establish a council of information management experts to plan an information management system that would direct and assist users in accessing site specific information on pesticide application.

Provides for the testing of neurotoxicological and behavioral effects of pesticides.

Directs the Administrator to regulate the design of pesticide containers and procedures and standards for removal of pesticides from containers before disposal. Requires a study and report to the Congress on containers.

Requires producers and other parties to notify EPA and State and local officials regarding stored, cancelled, or suspended pesticides.

Permits the Administrator by regulation to limit the distribution, sale, or use in any State of unregistered pesticides.

Authorizes FY 1988 through 1992 appropriations. Obligates specified amounts for research.

Subtitle B: Other Provisions - Protects farmers from liability under Federal environmental laws for the release, or damages caused by the release, of a pesticide if such pesticide was applied in compliance with label instructions and applicable law.

Amends the Federal Food, Drug, and Cosmetic Act to require that when a pesticide registration is withdrawn, cancelled, or suspended because of human dietary risk, EPA shall withdraw tolerances for residues of the pesticide, or any tolerance exemption. Requires that pesticide residue tolerance levels be uniform throughout the States. Requires the Comptroller General to evaluate the activities under this Act and report to the Congress.

Requires the Secretary of Agriculture to provide support for the interregional project number 4 program (IR4 program).

Requires EPA studies and reports to the Congress on the following: (1) pesticide risk rating; (2) nonagricultural pesticides; (3) pesticide drift; and (4) naturally occurring agents that act as pesticides.

Directs the Administrator to establish a Pesticide Resistance Management Program.

Title IX: Clarifying and Technical Amendments - Makes technical amendments.

Title X: Effective Date - States that the provisions of this Act shall take effect 60 days after enactment, unless otherwise so provided.