Summary: H.R.3292 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for H.R.3292. Bill summaries are authored by CRS.

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Introduced in House (09/19/1989)

Food Safety Assurance Act of 1989 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellation and changes in classification or other terms or conditions of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Sets forth procedural requirements for such a rulemaking. Provides for amendment of a rule and for judicial review. Allows the Administrator, in the case of a suspension, to waive certain requirements.

Allows the Administrator to elect to proceed with a special review proceeding or a public interim administrative review proceeding, if published before January 1, 1990, under the law in effect before enactment of this Act.

Requires the Administrator to reassess each tolerance and exemption from the requirement for a tolerance at certain times in connection with reregistration of pesticides.

Establishes the Science Review Board to assist the Scientific Advisory Panel in reviews conducted by the Panel.

Revises procedures applicable after denial of an application for registration. Allows the Administrator to deny an application for registration because it does not comply with the requirements of a rule issued under provisions of this Act.

Repeals provisions regulating the authority of the Administrator to initiate a public interim administrative review process.

Declares a decision made after a hearing in certain circumstances during phase three of reregistration to be final.

Amends provisions regulating: (1) review by district courts of suspension of registrations; and (2) public hearings.

Title II: Data Collection - Directs the Secretary of Agriculture to collect by surveys on a biennial basis pesticide use data of State-level significance for all the major crops and crops of dietary significance. Authorizes appropriations.

Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to add to the responsibilities of the Secretary of Agriculture that of establishing, with the Administrator of the Environmental Protection Agency (EPA), a committee to oversee coordination between the Department of Agriculture's conservation, commodity, research, and education programs and the EPA's pesticide regulatory activities.

Requires the interagency coordinating committee to: (1) develop and oversee integrated pest management research and education initiatives targeted toward principal pests of crops, with an emphasis on crops which constitute significant human dietary exposure to pesticide residues and for which few pesticide alternatives exist; and (2) advise the Administrator regarding ways to take into account, in registration, reregistration, and cancellation actions, the implications of the emergency or severity of genetic resistance in pests to pesticides, or the viability and profitability of integrated pest management systems. Authorizes appropriations.

Adds to the list of high priority research, for the purpose of grants by the Secretary of Agriculture under existing provisions, research to develop and refine integrated pest management techniques and other nonchemical or reduced chemical control technologies targeted toward crop pests, particularly those pests and crops which require applications of pesticides that may pose greater than a negligible risk to man or the environment.

Title III: Authorizations - Increases the amount authorized to be appropriated to carry out the FIFRA for FY 1990 and 1991, earmarking the increased authorization for the implementation of regulations relating to certain ingredients in pesticide products.

Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in the FIFRA.

Adds to the list of prohibited acts under the FDCA violation of provisions relating to confidentiality of data, as amended by this Act.

Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug, or conversion product thereof, that is unsafe.

Sets forth requirements relating to tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator of the Environmental Protection Agency determines is adequate to protect the public health. Sets forth the factors the Administrator must consider. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue.

Allows the Administrator to issue an exemption from the requirement for a tolerance only if the Administrator determines that a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Sets forth the factors the Administrator must consider.

Sets forth procedures and requirements in connection with: (1) petitions for tolerances or exemptions; (2) certain actions authorized on the Administrator's own initiative; (3) the required submission of additional data to support the continuation of a tolerance or exemption; and (4) confidentiality of data submitted to the Administrator.

Provides for continuation of previously issued regulations. Sets forth transitional provisions.

Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under the FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and thereby be present in or on a food; and (2) residues resulting from an application which was lawful at the time of the application.

Directs the Administrator to require the payment of fees sufficient for the Administrator's functions under these provisions.

Prohibits, subject to exception, a State from establishing or enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application.

Authorizes appropriations for increased monitoring by the Secretary of Health and Human Services of pesticide residues in imported and domestic food.