S.2227 - Pesticide Export Reform Act of 1990101st Congress (1989-1990)
|Sponsor:||Sen. Leahy, Patrick J. [D-VT] (Introduced 03/01/1990)|
|Committees:||Senate - Agriculture, Nutrition, and Forestry|
|Latest Action:||03/28/1990 Committee on Agriculture. Hearings held. Hearings printed: S.Hrg. 101-259. (All Actions)|
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Summary: S.2227 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in Senate (03/01/1990)
Pesticide Export Reform Act of 1990 - Title I: Exported Pesticides - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require pesticide producers operating registered establishments to inform the Administrator of the Environmental Protection Agency of: (1) the types and quantities of pesticides and active ingredients used in producing pesticides for export to a foreign country; and (2) the date of export and quantity of such materials exported to each foreign country to which the producer has exported during the past 360-day period.
Provides that specified information on exported pesticides shall not be entitled to confidential trade secret treatment.
Makes it unlawful to knowingly or recklessly export a pesticide, device, or active ingredient in violation of FIFRA export requirements.
Prohibits the exportation of pesticides, devices, or active ingredients unless: (1) such materials are prepared and packaged according to the specifications of the foreign purchaser and the legal requirements of the country of use; and (2) the producers or exporters meet specified FIFRA requirements. Prohibits the exportation of unregistered pesticides. Waives certain requirements to permit the export of pesticides not meeting FIFRA requirements to prevent or arrest the spread of a communicable disease if the Administrator makes specified determinations.
Prohibits the exportation of specified pesticides (including restricted use pesticides and pesticides subject to suspension or cancellation proceedings) unless: (1) the exporter provides specified information on the pesticide to the Administrator; (2) the country of use consents to the import and is included on a list of approved countries; and (3) the pesticide is manufactured, stored, and packaged in accordance with standards of the United Nations Food and Agriculture Organization. Requires the Administrator to maintain a list of approved countries of use.
Sets forth labeling requirements for exported pesticides.
Permits the export of pesticides for experimental use in foreign countries if specified conditions are met.
Requires the Administrator to notify foreign countries and the International Registry of Potentially Toxic Chemicals whenever regulatory action is taken with respect to a pesticide.
Directs the Administrator to: (1) convene meetings with foreign governments and other interested parties to promote the implementation of improved research and regulatory programs for pest management and strategies for sustainable agriculture; (2) provide foreign countries with technical assistance to develop pesticide regulatory programs; (3) transmit triennial studies to the Congress on countries that import U.S. pesticides and from which the United States imports agricultural commodities to ascertain such countries' management of pesticides and whether the United States is able to test effectively for pesticide residues; and (4) convene meetings with foreign governments and other interested parties to encourage the adoption of a multilateral convention requiring standard notice and export control measures for pesticides.
Title II: Tolerances for Agricultural Commodities - Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator, if registrations for a pesticide chemical under FIFRA have been cancelled, suspended, withdrawn, or modified to eliminate the use of such chemical on a raw agricultural commodity, to publish a notice in the Federal Register announcing: (1) the revocation of any tolerance for an agricultural use; or (2) an exemption for the use of such chemical on such commodity. Provides for temporary waivers from revocations for the purpose of distributing in commerce commodities that contain residues resulting from the application of pesticides before this Act's enactment or residual environmental contamination. Permits the Administrator to issue such waivers only if such waivers do not: (1) pose a dietary health risk; and (2) cause significant economic hardship for domestic producers of a commodity attributable to competition from foreign producers in countries in which the use of the pesticide is permitted.
Prohibits, with specified exceptions, the establishment or continuation of a tolerance unless the Administrator determines that a practical method for detecting and measuring pesticide residues exists.
Prohibits the importation of food into U.S. customs territory unless the commodity importer files with the Secretary of Health and Human Services and the Secretary of the Treasury a document identifying each pesticide chemical used in connection with the commodity. Requires such importers, if unreported pesticides are detected in such commodities, to submit residue analyses for such pesticides. Waives reporting requirements for unreported pesticides if the presence of such pesticides is attributable to long-term environmental persistence and does not pose a health risk. Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to apply such requirements to importers of meat, poultry, and eggs.
Title III: Effective Dates - Sets forth the effective dates for provisions of this Act.