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Introduced in Senate (07/29/1999)

Regulatory Openness and Fairness Act of 1999 - Title I: Issuance and Continuation of Tolerances - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to apply the requirements of this paragraph to any proposed or final rule, order, notice, report, guidance document, or risk assessment (document) based on any review or reassessment by the Administrator of the Environmental Protection Agency (EPA) of a tolerance or of the uses of a pesticide chemical for which a tolerance is in effect (except when the Administrator finds or recommends that no adverse action regarding a tolerance is required) issued after 1998 and before the completion of the review of tolerances mandated by current law. Requires the Administrator to conduct a transition analysis before any such document is issued and to include with the document a report (with specified contents) on the analysis. Defines "tolerance," for this paragraph and the next paragraph, to mean a tolerance for a pesticide chemical residue, or an exemption from the requirement of such a tolerance, established under specified FDCA provisions.

(Sec. 102) Applies this paragraph to any review or reassessment by the Administrator of a tolerance (initiated by the Administrator or by petition) or of any registration of a pesticide chemical under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) associated with that tolerance review issued after 1998 and before the completion of the review of tolerances mandated by current law. Prohibits the Administrator, notwithstanding any other provision of law, from basing an adverse action regarding a tolerance or registration on any information, calculation, or assumption described under specified provisions of this Act.

(Sec. 103) Directs the Administrator, in implementing provisions regarding pesticide chemical residue tolerances (as amended by this Act), to issue rules and guidance, including guidance regarding aggregate pesticide chemical exposure and cumulative effects of exposure to two or more chemicals having a common toxicity mechanism.

(Sec. 104) Directs the Administrator to issue guidelines specifying the kinds of information that will be required to support the issuance or continuation of a tolerance or a tolerance exemption. Requires the guidelines to specify the conditions under which data requirements will apply to particular types of pesticide chemical residues. Amends the FDCA and FIFRA to mandate notice and an opportunity to comment.

(Sec. 105) Amends FIFRA to require the Administrator to expedite the review of a pesticide registration or amended registration, an experimental use permit, or an emergency exemption in specified circumstances.

Amends the FDCA to require the Administrator to give priority to petitions to establish or modify a tolerance or exemption that is needed in connection with an application under specified FIFRA provisions for approval of an effective and economic alternative. Authorizes establishment of a tolerance associated with an emergency exemption without regard to other tolerances and before reviewing those other tolerances if the Administrator finds that any incremental exposure that may result will not pose any significant risk to food consumers.

Title II: Studies and Reports - Defines "tolerance," for this title, to mean a tolerance for a pesticide chemical residue, or an exemption from the requirement of such a tolerance, established under specified FDCA provisions.

(Sec. 202) Directs the Administrator to prepare a proposal for revising the priorities of and resources available to the Administrator that will allow the Administrator to: (1) process promptly all FIFRA pesticide registration applications, FDCA tolerance petitions, experimental use permits requests, new inert ingredient approval requests, emergency exemption requests, and requests for decisions on the merits of those applications, petitions, and requests; and (2) perform tolerance reviews and other duties regarding pesticide chemicals under the FDCA and FIFRA.

Directs the Secretary of Agriculture to prepare a proposal for revising the priorities of and resources available to the Secretary that will allow the Secretary to: (1) obtain and provide to the Administrator adequate and timely information on food consumption, pesticide residues in or on food and drinking water, and pesticide use; (2) review actions proposed by the Administrator under the FDCA and FIFRA; and (3) perform other duties regarding pesticide regulation.

Directs the Administrator and the Secretary to report to Congress on those proposals.

(Sec. 203) Directs the Secretary to establish and administer a program to continuously assess the strength of major U.S. agricultural commodities and products in the international marketplace, including regarding the sustainability and competitive strength of each commodity and product in that marketplace and the relationship of those factors to regulatory actions under the FDCA and FIFRA. Mandates periodic reports to specified congressional committees.

(Sec. 204) Establishes the Pesticide Advisory Committee to: (1) provide advice to the Administrator and the Secretary regarding implementation of specified FDCA and FIFRA provisions; (2) foster communication between the Administrator, the Secretary, and interested organizations; and (3) carry out the functions performed by the Tolerance Reassessment Advisory Committee. Makes inapplicable to the Pesticide Advisory Committee provisions of the Federal Advisory Committee Act mandating the termination of any advisory committee two years after the committee is established.