Summary: H.R.5203 — 97th Congress (1981-1982)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to Senate with amendment(s) (09/20/1982)

(Reported to Senate from the Committee on Agriculture, Nutrition and Forestry with amendment, S. Rept. 97-551)

Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1982 - Amends the Federal Insecticide, Fungicide and Rodenticide Act to exclude from the definition of "use inconsistent with the label" the use of a registered pesticide for another end-use product or for repackaging such product, unless such use is prohibited by the labeling.

Revises pesticide registration provisions. Increases reply time to an Environmental Protection Agency (EPA) data request from 90 to 180 days. Requires, rather than permits, joint development arrangements where appropriate unless all parties object. Sets forth a 25 percent or $100,000 (whichever is less) cost-sharing arrangement. Requires the Administrator of the EPA to suspend the registration of a party for data request noncompliance. Makes such suspension enforceable in U.S. district courts.

Expands the scope of suspension appeals.

Provides a 15-year protective period for such additional data. Permits new parties to use such data (and be considered original developers) if they reimburse the joint developers.

Permits registrants to replace scientifically insufficient health and safety data with new data submitted after September 30, 1978. Authorizes joint development arrangements.

Establishes a 120-day joint developer transition period.

Sets forth end-use product formulator exemptions.

Requires the Administrator to give 90-day notice to affected registrants of the risks upon which a proposed public interim review will be based. Subjects an interim decision not to restrict a pesticide's use or classification to judicial review.

Sets forth required registration data. Requires: (1) 90-day reregistration notice: and (2) cancellation (subject to judicial review) for failure to reregister within the permitted time.

Provides 15-year exclusive use protection for supporting data for: (1) a pesticide containing a new active ingredient initially registered after September 30, 1978; (2) a new use registration; (3) an experimental use permit for a pesticide containing a new active ingredient; and (4) new uses of existing ingredients originally registered after January 1, 1970.

Permits an applicant to use his own data or data already submitted to the EPA, or a combination of both, unless precluded by compensation or exclusive use provisions.

Sets forth: (1) transitional exclusive use protection provisions; and (2) effective dates for exclusive use and compensation provisions.

Directs the Administrator to: (1) compile and make public a data index for each protected active ingredient within one year; and (2) update such indexes at least semiannually. Requires that data cited in a new registration application be made public. Permits original registrants claiming to be adversely affected to have a cancellation hearing. Provides for judicial review of such hearing.

Provides 15-year exclusive use protection for specified applications approved after the enactment of this Act but before the effective date of relevant provisions.

Requires the Administrator to take agricultural production and prices into account when considering classification changes. Authorizes registration phase-out in addition to changes or cancellations.

Requires an applicant to explain why specific registration data should be protected from disclosure as a trade secret or commercial or financial information. Requires the Administrator to provide an applicant with up to 60 days to show that data to be disclosed is protected manufacturing, testing, or ingredient percentage information.

Requires the Administrator to issue disclosure regulations. Requires interim regulations within 60 days.

Sets forth guidelines for nondisclosure of certain information acquired from foreign governments or international organizations.

Provides a private right of action for data disclosure violations.

Makes it unlawful to disclose or transfer, solicit, or use information in a manner prohibited by such Act.

Makes it unlawful to fire a person or adversely affect his or her work status for exercising his or her rights under such Act.

Revises provisions regarding penalties for improperly obtaining or using specified pesticide data.

Sets forth procedures for State requests of health and safety data concerning State regulated federally registered pesticides.

Declares that for purposes of enforcement responsibility, a State shall not be deemed to include its political subdivisions or their agencies.

Extends the scientific advisory panel through FY 1992.

Authorizes appropriations through FY 1984.