Summary: H.R.4329 — 103rd Congress (1993-1994)All Information (Except Text)

There is one summary for H.R.4329. Bill summaries are authored by CRS.

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Introduced in House (05/03/1994)

Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1994 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to establish a registration renewal procedure. Requires active ingredients, for purposes of such procedure, to be classified as follows: (1) in group one if first contained in a pesticide initially registered before November 1, 1984; (2) in group two if first contained in a pesticide initially registered after October 31, 1984, but before this Act's enactment; or (3) in group three if first contained in a pesticide initially registered after this Act's enactment.

(Sec. 2) Sets reapplication dates for active ingredients as follows: (1) 12-14 years after the issuance of a reregistration eligibility decision document for the active ingredient for those in group one; (2) ten to 13 years after this Act's enactment for those in group two; and (3) 12 years after the date of initial registration of a product containing the active ingredient for those in group three. Sets subsequent reapplication dates for active ingredients at 12 years after the preceding expiration date.

Authorizes the Administrator of the Environmental Protection Agency to assess fees from registrants to cover costs associated with registration review. Permits the Administrator to cancel a registration for nonpayment.

Establishes a registration renewal fund in the Treasury.

Allows the continued use, distribution, or sale of existing stocks of an expired pesticide subject to conditions specified by the Administrator.

(Sec. 3) Revises pesticide export provisions to prohibit the export of a pesticide that contains an active ingredient if virtually all uses of the active ingredient in the United States have been prohibited. Permits such exports where an export would be prohibited only because registration applications have been voluntarily withdrawn or cancelled by an applicant if the Administrator is unaware of any information indicating that use of the pesticide could pose adverse health or environmental risks. Authorizes such exports to a specified importing country if: (1) the pesticide is not subject to a prohibition for any human health related reason; and (2) the country has informed the Administrator that it wishes to import the pesticide and is aware that U.S. uses of the pesticide are prohibited.

Requires the Administrator to prohibit, by order, persons from exporting a pesticide to a foreign country if such country has informed the Administrator or an international agency of which the United States is a member, that the country does not wish to import the pesticide and certifies that it: (1) is not producing or importing and will not produce or import the pesticide for use in the country; and (2) does not wish to import the pesticide because of human health or environmental concerns. Provides for withdrawal of such order if the country is not in compliance with such certification.

Prohibits the export of a pesticide unless: (1) there is a tolerance or an exemption from certain tolerance requirements under the Federal Food, Drug, and Cosmetic Act (FDCA) governing residues of each ingredient in the pesticide in at least one food; (2) there is a practical method for detecting residues in or on foods and the Administrator has an appropriately certified pesticide reference standard; or (3) the Administrator determines that the pesticide is not likely to be used in a manner resulting in residues in or on imported foods.

Prohibits the export of a pesticide if any ingredient has not been and is not the subject of any registration unless the Administrator determines that: (1) for each active ingredient, there is a tolerance greater than zero or an exemption from the tolerance requirement under the FDCA; or (2) residues of the pesticide on food have been permitted or the pesticide has been approved for use in at least three countries that evaluate pesticides prior to marketing in accordance with internationally recognized scientific standards and on the basis of an independent scientific review of health and environmental risks; and (3) the country of import participates in the United Nations Environment Program-Food and Agriculture Organization system for exchange of information on pesticides in international trade. Permits persons to petition the Administrator to withdraw authorization to export such pesticides.

Authorizes the Administrator to permit the export of a small quantity of a pesticide to a foreign country solely for research and development purposes, but not test marketing. Prohibits such export if the pesticide contains an active ingredient which has been prohibited for virtually all uses, with exceptions.

Requires exporters, in the case of unregistered pesticides other than those containing active ingredients that are banned in the United States, to obtain signed statements from foreign purchasers acknowledging that they understand that the pesticide is not registered for use, and cannot be sold, in the United States.

Prohibits the export of a pesticide or a device unless it complies with requirements of this Act and the label of the pesticide is written in an official language of the country of use and, to the extent not in conflict with the country's requirements, contains all health, safety, environmental, and other related information required to be included on labeling in the United States.

Requires pesticide exporters to comply with the product stewardship provisions of the 1994 International Code of Conduct on the Distribution and Use of Pesticides of the Food and Agricultural Organization of the United Nations. Permits the Administrator to prohibit noncomplying exporters from exporting for up to 180 days.

Requires persons who distribute or sell pesticides for export to submit distribution or sale records to the Administrator as prescribed.

Authorizes the assessment of fees on pesticide registrants to carry out export requirements and establishes a fund in the Treasury.

Permits the Administrator to use a specified amount to provide countries technical assistance in certain pesticide safety, management, and training programs, alternative methods of pest control, and other related activities. Gives priority for assistance to developing countries that are major sources of food imported into the United States.

Requires persons who export pesticides or produce pesticides for export to submit to the Administrator information regarding: (1) unreasonable environmental effects of the pesticides; and (2) the regulatory status of the pesticides in other countries that would affect exports.

(Sec. 4) Revises the procedure for the cancellation, denial of registration, or change in the classification of pesticides.

(Sec. 5) Requires the Administrator, by order and without a hearing, to cancel a pesticide registration or deny a registration application if the Administrator has revoked a tolerance regulation or denied a petition to establish a tolerance regulation for residues in or on food that could result from the use of the pesticide unless such use is unlikely to result in food that is adulterated.

(Sec. 6) Revises procedures for suspension of pesticide registrations and removes certain provisions requiring hearings.

(Sec. 7) Authorizes the Administrator, if the risks associated with the use of a pesticide can be reduced by a change in the labeling, packaging, or composition of the pesticide, to issue a notice requiring registrants to make such change. Prohibits such change if it will prohibit or make uses of the pesticide economically unfeasible. Authorizes registrants to object to such changes and requires the Administrator to respond by withdrawing, modifying, or affirming the changes. Authorizes the Administrator to suspend a registration if a registrant fails to comply with a notice. Permits the continued sale or distribution of such pesticides for a limited period by persons other than the registrant. Authorizes the Administrator to require the recall of pesticides sold or distributed in violation of requirements.

(Sec. 8) Requires the Administrator, if credible scientific evidence indicates that the use of a pesticide is likely to pose a significant risk to humans or the environment and additional information should be developed to reduce uncertainties regarding the risk, to restrict, reduce, or eliminate the use or production of the pesticide or evaluate other actions necessary to address the risk.

(Sec. 9) Directs the Administrator to develop criteria for the designation of reduced risk pesticides. Permits registrants or registration applicants to request the Administrator to designate a pesticide as a reduced risk pesticide.

Extends the period of exclusive use for data submitted to support the application for the original registration of a pesticide if the Administrator approves at least three minor uses of the pesticide or the pesticide has been designated as a reduced risk pesticide prior to the expiration of the period of exclusive use.

Permits the Administrator to conditionally register a biological pesticide or a mixture of such pesticides not contained in any currently registered pesticide prior to the development of data necessary to determine whether a pesticide meets registration requirements. Conditions such registrations on a determination that use of the pesticide will not cause any adverse environmental effects and is in the public interest.

Requires the Administrator to give priority to registration applications in the following order: (1) registration of pesticides that would meet pest control needs that are currently being addressed through emergency pesticide uses authorized under FIFRA (these uses exempt Federal or State agencies from requirements as dictated by emergency circumstances); (2) applications likely to reduce the risk of adverse environmental effects from the use of currently registered pesticides subject to cancellation proceedings; (3) applications for reduced risk pesticides; and (4) applications for minor use pesticides.

Directs the Secretaries of Health and Human Services (HHS) and Agriculture to review the recommendations of the National Academy of Sciences' report, "Pesticides in the Diets of Infants and Children," and conduct surveys to document dietary exposure to pesticides among infants and children and perform other research as necessary to implement the recommendations.

Revises provisions regarding pest control strategies to make it a goal to support research and development of methods that reduce health and environmental risks, including alternative pest control strategies. Directs the Secretary of Agriculture and the Administrator to implement a process for coordinating environmental risk reduction through identification of pesticides that pose significant risks and for which development of use reduction programs and research on safer alternative means of pest control should be high priority for research programs.

Requires the Administrator to provide an annual list to the Secretary of agricultural use pesticides: (1) for which the Administrator is considering certain regulatory actions (e.g., cancellations, denials of registrations) that would affect their availability, including agricultural commodities and pests affected; (2) which otherwise pose significant health and environmental risks; and (3) for which there exists significant instances of pest resistance. Directs the Secretary to: (1) review all available alternatives to the pesticides listed; and (2) develop a research and technology transfer plan for each pest-commodity combination on the list for which there are insufficient alternative pest control techniques that present less risk. Allocates funding to carry out such objectives.

Expands provisions regarding integrated pest management to require the Secretary to implement research, demonstration, and education programs to support goals for adoption of integrated pest management. Directs the Secretary to implement pesticide use reduction goals in selected ecosystems.

(Sec. 10) Authorizes the Administrator, subject to specified conditions, to delay action to delete a minor food or feed use for which a registrant has not agreed to timely submit data necessary for reregistration.

Authorizes appropriations for the development of public health data in cases where the Administrator determines that further study is needed on public health pesticides to support continued registration.

(Sec. 11) Adds reregistration fee provisions.

(Sec. 12) Permits a restricted use pesticide to be applied only by or under the direct supervision of a certified applicator or subject to other restrictions if the Administrator determines that the pesticide or its uses may cause adverse environmental effects without additional regulatory restriction.

(Sec. 13) Revises judicial review procedures.

(Sec. 14) Sets time limitations on claims for indemnity payments from the United States to persons suffering losses from cancelled pesticides.

(Sec. 17) Expands current pesticide recordkeeping requirements.

Revises enforcement authorities.

Bars Federal contracts with persons convicted of offenses under FIFRA if such a contract is to be performed at any facility at which the violation giving rise to the offense occurred. Continues such prohibition until the condition giving rise to the conviction has been corrected.

Requires the Administrator to treat Indian tribes as States under FIFRA.

(Sec. 18) Provides protection to whistleblowers.