Summary: H.R.5536 — 99th Congress (1985-1986)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (10/06/1986)

(Measure passed House, amended)

Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1986 - Title I: Registration - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for public access to health and safety data submitted to support a registration application for a pesticide containing a new active ingredient, or to authorize the food use of a pesticide active ingredient. Provides criminal penalties for wrongful disclosure. Requires a person seeking such information to affirm that he or she is not working for a pesticide business.

Prohibits conditional registrations for additional uses unless in the public interest.

Requires the reregistration of active ingredient pesticides with outstanding data requirements registered before November 1, 1984.

Requires an inert ingredient priority list to be established.

Provides for the payment of registration fees based on active ingredients.

Provides for testing of the neurotoxicological and behavioral effects of pesticides.

Title II: Information Disclosure - Requires pesticide producers to make health, safety, and environmental information available to the public.

Provides for data disclosure to States.

Requires producers and other parties to notify the Environmental Protection Agency and the State regarding stored, cancelled, or suspended pesticides.

Title III: Review and Cancellation - Provides for a public administrative review of pesticide safety.

Provides for cancellation of registrations based on false or invalid data.

Title IV: Records and Inspections - Authorizes duly designated Federal and State officials or employees to inspect pesticide facilities.

Title V: Exports - Requires that specified precautionary information be placed on the labels of pesticides intended for export, unless such information is in conflict with the importing country's laws. Revises notification requirements.

Title VI: Certification and Training - Makes it a violation for any person to use any pesticide as a commercial applicator unless such person is a certified commercial applicator or a registered commercial applicator under the direct supervision of a certified commercial applicator. Requires commercial applicators to maintain records of pesticide applications.

Provides for the development of training materials and procedures, including standards for trainers and training programs. Provides for separate standards for commercial and private applicators. Requires refresher training.

Requires pesticide dealers to maintain sales and distribution records.

Title VII: Data Compensation - Requires each registrant of an active ingredient pesticide used only in food, feed, or fiber production to jointly develop, or share in the development costs of, additional data.

Revises data compensation provisions.

Title VIII: General - Subtitle A: Amendments to the Federal Insecticide, Fungicide, and Rodenticide Act - Terminates State primary enforcement responsibility for pesticide violations as of January 1, 1989, unless the Administrator of the Environmental Protection Agency (EPA) determines that the State has the authority to impose civil and criminal penalties at least equal to those provided for in this Act.

Requires the Administrator of EPA to establish criteria for disapproving special local needs registrations.

Makes the scientific advisory panel under such Act permanent.

Authorizes EPA action if a State fails to take appropriate investigative or enforcement measures.

Authorizes any person to obtain judicial review of EPA regulations.

Revises enforcement and penalty provisions under such Act.

Requires congressional review of EPA regulations and rules.

Requires: (1) indemnity reports to the appropriate congressional committees; (2) the Administrator to protect drinking and groundwater from pesticide contamination; (3) the Administrator to protect the health and safety of pesticide workers; and (4) the Administrator to develop antimicrobial standards.

Authorizes FY 1987 through 1991 appropriations. Obligates specified amounts for research.

Subtitle B: Other Provisions - Sets forth agricultural producer liability provisions.

Requires the Comptroller General to evaluate the activities under this Act and report to the Congress.

Requires the Secretary of Agriculture to provide support for the interregional project number 4 program (IR4 program).

Requires EPA studies and reports to the Congress on the following: (1) pesticide risk rating; (2) nonagricultural pesticides; (3) dioxin residues in human milk; (4) pesticide drift; and (5) naturally occurring agents that act as pesticides.

Directs the Administrator to establish a Pesticide Resistance Management Program.

Title IX: Clarifying and Technical Amendments - Makes technical amendments.

Title X: Effective Date - States that the provisions of this Act shall take effect 60 days after enactment, unless otherwise so provided.

Title XI: Tolerances and International Cooperation - Provides for the revocation or suspension of residue tolerances in cases where a pesticide's registration has been cancelled or withdrawn because of human risk.

Amends the Federal Food, Drug, and Cosmetic Act to provide for uniform tolerances of pesticide residues in food. Establishes an advisory panel.

Directs the Administrator to: (1) actively participate in international efforts to develop improved pesticide research and regulatory programs; and (2) report annually to the Congress.

Title XII: Agricultural Patent Reform - Agricultural Patent Reform Act - Amends the patent laws to extend the terms of patents which encompass specified products or methods for using a product, including methods of manufacturing which primarily use recombinant DNA technology or hybridoma technology, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a five-year limitation on the extension and a 17-year maximum patent term from the earliest filing.

Directs the Commissioner of Patents to notify the appropriate Federal agency upon receipt from the product sponsor of a notice of extension to determine the applicable regulatory review period and whether, within that period, the sponsor acted with due diligence. Provides for notice and informal hearings for persons interested in such determinations.

Directs the Commissioner, upon a final determination of the applicable regulatory review period, to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension. Makes such certificate a part of the original patent. Permits the setting of fees to cover the costs of review.

Limits the application of such patent term extension to patents for: (1) any pesticide subject to regulation under the Federal Insecticide, Fungicide and Rodenticide Act; (2) any chemical substance or mixture subject to regulation under the Toxic Substances Control Act; and (3) any plant or plant product which is genetically altered and defined as a plant pest or potential plant pest and regulated under the Federal Plant Pest Act.

Permits generic pesticide producers to use patented substances during the last two years of patent life to conduct health and safety testing.