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Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)  

United States Code 25jun47

(References in [] brackets are to title 7, United States Code.)
(Act of June 25, 1947; Chapter 125) 
Sec. 2. [136] Definitions
For purposes of this Act--
(a) Active Ingredient--The term "active ingredient" means--
    (1) in the case of a pesticide other than a plant regulator, 
defoliant, or desiccant, or nitrogen stabilizer, an ingredient which
will prevent, destroy, repel, or mitigate any pest;
    (2) in the case of a plant regulator, an ingredient which, 
through physiological action, will accelerate or retard the rate of 
growth or rate of maturation or otherwise alter the behavior of 
ornamental or crop plants or the product thereof;
    (3) in the case of a defoliant, an ingredient which will cause 
the leaves or foliage to drop from a plant; 
    (4) in the case of a desiccant, an ingredient which will 
artificially accelerate the drying of plant tissue; and
    (5) in the case of a nitrogen stabilizer, an ingredient which will
prevent or hinder the process of nitrification, denitrification, 
ammonia volatilization, or urease production through action affecting
soil bacteria.  

(b) Administrator.--The term "Administrator" means the Administrator of the 
Environmental Protection Agency.

(c) Adulterated.--The term "adulterated" applies to any pesticide if--
    (1) its strength or purity falls below the professed standard of 
quality as expressed on its labeling under which it is sold;
    (2) any substance has been substituted wholly or in part for the 
pesticide; or
    (3) any valuable constituent of the pesticide has been wholly or 
in part abstracted.

(d) Animal.--The term "animal" means all vertebrate and invertebrate species, 
including but not limited to man and other mammals, birds, fish, and 
shellfish.

(e) Certified applicator, etc.--
    (1) Certified Applicator.-- The term "certified applicator" means
any individual who is certified under section 11 as authorized to use or
supervise the use of any pesticide which is classified for restricted use.
Any applicator who holds or applies registered pesticides, or uses
dilutions of registered pesticides consistent with subsection (ee) of this
section, only to provide a service of controlling pests without delivering
any unapplied pesticide to any person so served is not deemed to be a seller
or distributor of pesticides under this Act.
    (2) Private Applicator.--The term "private applicator" means a
certified applicator who uses or supervises the use of any pesticide
which is classified for restricted use for purposes of producing any
agricultural commodity on property owned or rented by the applicator or
the applicator's employer or (if applied without compensation other than
trading of personal services between producers of agricultural commodities)
on the property of another person.
    (3) Commercial Applicator.--The term "commercial applicator" means an
applicator (whether or not the applicator is a private applicator with respect
to some uses) who uses or supervises the use of any pesticide which is 
classified for restricted use for any purpose or on any property other than as
provided by paragraph (2).
    (4) Under the Direct Supervision of a Certified Applicator.--Unless otherwise
prescribed by its labeling, a pesticide shall be considered to be applied under
the direct supervision of a certified applicator if it is applied by a competent
person acting under the instructions and control of a certified applicator who is 
available if and when needed, even though such certified applicator is not
physically present at the time and place the pesticide is applied.

(f) Defoliant.--The term "defoliant" means any substance or mixture of substances 
intended for causing the leaves or foliage to drop from a plant, with or 
without causing abscission.

(g) Desiccant.--The term "desiccant" means any substance or mixture of substances 
intended for artificially accelerating the drying of plant tissue.

(h) Device.--The term "device" means any instrument or contrivance (other than 
a firearm) which is intended for trapping, destroying, repelling, or 
mitigating any pest or any other form of plant or animal life (other 
than man and other than bacteria, virus, or other microorganism on or in 
living man or other living animals); but not including equipment used 
for the application of pesticides when sold separately therefrom.

(i) District court.--The term "district court" means a United States district court, 
the District Court of Guam, the District Court of the Virgin Islands, 
and the highest court of American Samoa.

(j) Environment.--The term "environment" includes water, air, land, and all plants 
and man and other animals living therein, and the interrelationships 
which exist among these.

(k) Fungus.--The term "fungus" means any non-chlorophyll-bearing thallophyte 
(that is, any non-chlorophyll-bearing plant of a lower order than mosses 
and liverworts), as for example, rust, smut, mildew, mold, yeast, and 
bacteria, except those on or in living man or other animals and those on 
or in processed food, beverages, or pharmaceuticals.

(l) Imminent hazard.--The term "imminent hazard" means a situation which exists when the 
continued use of a pesticide during the time required for cancellation 
proceeding would be likely to result in unreasonable adverse effects on 
the environment or will involve unreasonable hazard to the survival of a 
species declared endangered or threatened by the Secretary of the Interior
under Public Law 91-135.

(m) Inert ingredient.--The term "inert ingredient" means an ingredient which is not 
active.

(n) Ingredient statement.--The term "ingredient statement" means a statement which
contains--
    (1) the name and percentage of each active ingredient, and the 
total percentage of all inert ingredients, in the pesticide; and
    (2) if the pesticide contains arsenic in any form, a statement 
of the percentages of total and water soluble arsenic, calculated as 
elementary arsenic.

(o) Insect.--The term "insect" means any of the numerous small invertebrate 
animals generally having the body more or less obviously segmented, for 
the most part belonging to the class insecta, comprising six-legged, 
usually winged forms, as for example, beetles, bugs, bees, flies, and to 
other allied classes of arthropods whose members are wingless and 
usually have more than six legs, as for example, spiders, mites, ticks, 
centipedes, and wood lice.

(p) Label and labeling.--
    (1) Label.--The term "label" means the written, printed, or graphic matter 
on, or attached to, the pesticide or device or any of its containers 
or wrappers.
    (2) Labeling.--The term "labeling" means all labels and all other written, 
printed, or graphic matter--
        (A) accompanying the pesticide or device at any time; or
        (B) to which reference is made on the label or in literature 
    accompanying the pesticide or device, except to current official 
    publications of the Environmental Protection Agency, the United 
    States Departments of Agriculture and Interior, the Department 
    of Health and Human Services, State experiment stations, State 
    agricultural colleges, and other similar Federal or State 
    institutions or agencies authorized by law to conduct research 
    in the field of pesticides.

(q) Misbranded.--
    (1) A pesticide is misbranded if--
        (A) its labeling bears any statement, design, or graphic 
    representation relative thereto or to its ingredients which is 
    false or misleading in any particular;
        (B) it is contained in a package or other container or 
    wrapping which does not conform to the standards established by 
    the Administrator pursuant to section 25(c)(3);
        (C) it is an imitation of, or is offered for sale under the 
    name of, another pesticide;
        (D) its label does not bear the registration number assigned 
    under section 7 to each establishment in which it was produced;
        (E) any word, statement, or other information required by or 
    under authority of this Act to appear on the label or 
    labeling is not prominently placed thereon with such 
    conspicuousness (as compared with other words, statements, 
    designs, or graphic matter in the labeling) and in such terms as 
    to render it likely to be read and understood by the ordinary 
    individual under customary conditions of purchase and use;
        (F) the labeling accompanying it does not contain directions 
    for use which are necessary for effecting the purpose for which 
    the product is intended and if complied with, together with any 
    requirements imposed under section 3(d) of this Act, are 
    adequate to protect health and the environment;
        (G) the label does not contain a warning or caution 
    statement which may be necessary and if complied with, together 
    with any requirements imposed under section 3(d) of this 
    Act, is adequate to protect health and the environment; or
        (H) in the case of a pesticide not registered in accordance 
    with section 3 of this Act and intended for export, the 
    label does not contain, in words prominently placed thereon with 
    such conspicuousness (as compared with other words, statements, 
    designs, or graphic matter in the labeling) as to render it 
    likely to be noted by the ordinary individual under customary 
    conditions of purchase and use, the following: "Not Registered 
    for Use in the United States of America".
    (2) A pesticide is misbranded if--
        (A) the label does not bear an ingredient statement on that 
    part of the immediate container (and on the outside container or 
    wrapper of the retail package, if there be one, through which 
    the ingredient statement on the immediate container cannot be 
    clearly read) which is presented or displayed under customary 
    conditions of purchase, except that a pesticide is not 
    misbranded under this subparagraph if--
            (i) The size or form of the immediate container, or the 
        outside container or wrapper of the retail package, makes it 
        impracticable to place the ingredient statement on the part 
        which is presented or displayed under customary conditions 
        of purchase; and
            (ii) the ingredient statement appears prominently on 
        another part of the immediate container, or outside 
        container or wrapper, permitted by the Administrator;
        (B) the labeling does not contain a statement of the use 
    classification under which the product is registered;
        (C) there is not affixed to its container, and to the 
    outside container or wrapper of the retail package, if there be 
    one, through which the required information on the immediate 
    container cannot be clearly read, a label bearing--
            (i) the name and address of the producer, registrant, or 
        person for whom produced;
            (ii) the name, brand, or trademark under which the 
        pesticide is sold;
            (iii) the net weight or measure of the content, except 
        that the Administrator may permit reasonable variations; and
            (iv) when required by regulation of the Administrator to 
        effectuate the purposes of this Act, the registration 
        number assigned to the pesticide under this Act, and 
        the use classification; and
        (D) the pesticide contains any substance or substances in 
    quantities highly toxic to man, unless the label shall bear, in 
    addition to any other matter required by this Act--
            (i) the skull and crossbones;
            (ii) the word "poison" prominently in red on a 
        background of distinctly contrasting color; and
            (iii) a statement of a practical treatment (first aid or 
        otherwise) in case of poisoning by the pesticide.

(r) Nematode.--The term "nematode" means invertebrate animals of the phylum 
nemathelminthes and class nematoda, that is, unsegmented round worms 
with elongated, fusiform, or saclike bodies covered with cuticle, and 
inhabiting soil, water, plants, or plant parts; may also be called nemas 
or eelworms.

(s) Person.--The term "person" means any individual, partnership, association, 
corporation, or any organized group of persons whether incorporated or 
not.

(t) Pest.--The term "pest" means (1) any insect, rodent, nematode, fungus, 
weed, or (2) any other form of terrestrial or aquatic plant or animal 
life or virus, bacteria, or other micro-organism (except viruses, 
bacteria, or other micro-organisms on or in living man or other living 
animals) which the Administrator declares to be a pest under section 
25(c)(1).

(u) Pesticide.--The term "pesticide" means (1) any substance or mixture of 
substances intended for preventing, destroying, repelling, or mitigating 
any pest, (2) any substance or mixture of substances intended for 
use as a plant regulator, defoliant, or desiccant, and (3) any nitrogen
stabilizer, except that the term "pesticide" shall not include any article
that is a "new animal drug" within the meaning of section 201(w) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)) that has been determined by the
Secretary of Health and Human Services not to be a new animal drug by a
regulation establishing conditions of use for the article, or that is an animal
feed within the meaning of section 201(x) of such Act (21 U.S.C. 321(x)) bearing
or containing a new animal drug.  The term "pesticide" does not include liquid
chemical sterilant products (including any sterilant or subordinate disinfectant
claims on such products) for use on a critical or semi-critical device, as
defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
For purposes of the preceding sentence, the term "critical device" includes any
device which is introduced directly into the human body, either into or in 
contact with the bloodstream or normally sterile areas of the body and the term
"semi-critical device" includes any device which contacts intact mucous membranes
but which does not ordinarily penetrate the blood barrier or otherwise enter
normally sterile areas of the body.

(v) Plant regulator.--The term "plant regulator" means any substance or
mixture of substances intended, through physiological action, for accelerating
or retarding the rate of growth or rate of maturation, or for otherwise 
altering the behavior of plants or the produce thereof, but shall not 
include substances to the extent that they are intended as plant 
nutrients, trace elements, nutritional chemicals, plant inoculants, and 
soil amendments. Also, the term "plant regulator" shall not be 
required to include any of such of those nutrient mixtures or soil 
amendments as are commonly known as vitamin-hormone horticultural 
products, intended for improvement, maintenance, survival, health, and 
propagation of plants, and as are not for pest destruction and are 
nontoxic, nonpoisonous in the undiluted packaged concentration.

(w) Producer and produce.--The term "producer" means the person who manufactures,
prepares, compounds, propagates, or processes any pesticide or device or active 
ingredient used in producing a pesticide. The term "produce" means to 
manufacture, prepare, compound, propagate, or process any pesticide or 
device or active ingredient used in producing a pesticide. The dilution 
by individuals of formulated pesticides for their own use and according 
to the directions on registered labels shall not of itself result in 
such individuals being included in the definition of "producer" for 
the purposes of this Act.

(x) Protect health and the environment.--The terms "protect health and the
environment" and "protection of health and the environment" mean protection against
any unreasonable adverse effects on the environment.

(y) Registrant.--The term "registrant" means a person who has registered any 
pesticide pursuant to the provisions of this Act.

(z) Registration.--The term "registration" includes reregistration.

(aa) State.--The term "State" means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust 
Territory of the Pacific Islands, and American Samoa.

(bb) Unreasonable Adverse Effects on the Environment.--The term "unreasonable
adverse effects on the environment" means (1) any unreasonable risk to man or the
environment, taking into account the economic, social, and environmental costs
and benefits of the use of any pesticide, or (2) a human dietary risk from
residues that result from a use of a pesticide in or on any food inconsistent
with the standard under section 408 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 346a)./1/  The Administrator shall consider the risks and benefits of 
public health pesticides separate from the risks and benefits of other pesticides.  
In weighing any regulatory action concerning a public health pesticide under this
Act, the Administrator shall weigh any risks of the pesticide against the health
risks such as diseases transmitted by the vector to be controlled by the 
pesticide.
-----------------------------------------------------------------------------------------
/1/ Sec. 304 of P.L. 104-170 amended sec.2 (bb) (7 U.S.C. 136(bb)) by inserting
"1" and ", or (2)" and all that follows through "346a).", without sepcifying the Act that
was being amended.  The amendments were executed to this Act to effectuate the probable
intent of Congress.
-----------------------------------------------------------------------------------------

(cc) Weed.--The term "weed" means any plant which grows where not wanted.

(dd) Establishment.--The term "establishment" means any place where a pesticide
or device or active ingredient used in producing a pesticide is produced, 
or held, for distribution or sale.

(ee) To Use Any Registered Pesticide in a Manner Inconsistent with Its
Labeling.--The term "to use any registered pesticide in a manner inconsistent 
with its labeling" means to use any registered pesticide in a manner 
not permitted by the labeling, except that the term shall not include 
(1) applying a pesticide at any dosage, concentration, or frequency less 
than that specified on the labeling unless the labeling specifically 
prohibits deviation from the specified dosage, concentration, or 
frequency, (2) applying a pesticide against any target pest not 
specified on the labeling if the application is to the crop, animal, or 
site specified on the labeling, unless the Administrator has required 
that the labeling specifically state that the pesticide may be used only 
for the pests specified on the labeling after the Administrator has 
determined that the use of the pesticide against other pests would cause 
an unreasonable adverse effect on the environment, (3) employing any 
method of application not prohibited by the labeling unless the labeling 
specifically states that the product may be applied only by the methods 
specified on the labeling, (4) mixing a pesticide or pesticides with a 
fertilizer when such mixture is not prohibited by the labeling, (5) any 
use of a pesticide in conformance with section 5, 18, or 24 of 
this Act, or (6) any use of a pesticide in a manner that the 
Administrator determines to be consistent with the purposes of this 
Act.  After March 31, 1979, the term shall not include the use of 
a pesticide for agricultural or forestry purposes at a dilution less 
than label dosage unless before or after that date the Administrator 
issues a regulation or advisory opinion consistent with the study 
provided for in section 27(b) of the Federal Pesticide Act of 1978, 
which regulation or advisory opinion specifically requires the use of 
definite amounts of dilution.

(ff) Outstanding Data Requirement.--
    (1) In General.--The term "outstanding data requirement" means a requirement 
    for any study, information, or data that is necessary to make a 
    determination under section 3(c)(5) of this title and which 
    study, information, or data--
            (A) has not been submitted to the Administrator; or
            (B) if submitted to the Administrator, the Administrator has 
        determined must be resubmitted because it is not valid, 
        complete, or adequate to make a determination under section 
        3(c)(5) of this title and the regulations and guidelines 
        issued under such section.
    (2) Factors.--In making a determination under paragraph (1)(B) respecting a 
    study, the Administrator shall examine, at a minimum, relevant 
    protocols, documentation of the conduct and analysis of the study, 
    and the results of the study to determine whether the study and the 
    results of the study fulfill the data requirement for which the 
    study was submitted to the Administrator.

(gg) To Distribute or Sell.--The term "to distribute or sell" means to distribute,
sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, 
deliver for shipment, release for shipment, or receive and (having so 
received) deliver or offer to deliver. The term does not include the 
holding or application of registered pesticides or use dilutions thereof 
by any applicator who provides a service of controlling pests without 
delivering any unapplied pesticide to any person so served.

(hh)Nitrogen Stabilizer.--The term "nitrogen stabilizer" means any substance or mixture
of substances intended for preventing or hindering the process of nitrification, 
denitrification, ammonia volatilization, or urease production through action upon
soil bacteria.  Such term shall not include--
    (1) dicyandiamide;
    (2) ammonium thiosulfate; or
    (3) any substance or mixture of substances.--
        (A) that was not registered pursuant to section 3 prior to January 1, 1992; and
        (B) that was in commercial agronomic use prior to January 1, 1992, with respect
    to which after January 1, 1992, the distributor or seller of the substance or 
    mixture has made no specific claim of prevention or hindering of the process of
    nitrification, denitrification, ammonia volatilization urease production regardless
    of the actual use of purpose for, or future use or purpose for, the substance or 
    mixture.

Statements made in materials required to be submitted to any State legislative or 
regulatory authority, or required by such authority to be included in the labeling
or other literature accompanying any such substance or mixture shall not be deemed
a specific claim within the meaning of this subsection.

(jj) /1/ Maintenance Applicator.--The term "maintenance
applicator" means any individual who, in the principal course of such individual's
employment, uses, or supervises the use of, a pesticide not classified for restricted
use (other than a ready to use consumer products pesticide); for the purpose of providing
structural pest control or lawn pest control including janitors, general maintenance
personnel, sanitation personnel, and grounds maintenance personnel.  The term
"maintenance applicator" does not include private applicators as defined in section
2(e)(2); individuals who use antimicrobial pesticides, sanitizers or disinfectants; 
individuals employed by Federal, State, and local governments or any political
subdivisions thereof, or individuals who use pesticides not classified for
restricted use in or around their homes, boats, sod farms, nurseries, greenhouses,
or other commercial property.

------------------------------------------------------------------------------------------
/1/ So in original (as added by sec. 120 of P.L. 104-70).  This subsection
should probably be "(ii)" and subsequent subsections should be redesignated accordingly.
------------------------------------------------------------------------------------------

(kk) Service Technician.--The term "service technician" means any individual who
uses or supervises the use of pesticides (other than a ready to use consumer
products pesticide) for the purpose of providing structural pest control or lawn
pest control on the property of another for a fee.  The term "service technician"
does not include individuals who use antimicrobial pesticides, sanitizers or
disinfectants; or who otherwise apply ready to use consumer products pesticides.

(ll) Minor Use.--The term "minor use" means the use of a pesticide on an animal,
on a commercial agricultural crop or site, or for the protection of public health
where--
    (1) the total United States acreage for the crop is less than 300,000 acres,
    as determined by the Secretary of Agriculture; or
    (2)the Administrator, in consultation with the Secretary of Agriculture, 
    determines that, based on information provided by an applicant for 
    registration or a registrant, the use does not provide sufficient economic
    incentive to support the initial registration or continuing registration or
    a pesticide for such use and--
        (A) there are insufficient efficacious alternative registered pesticides
        available for the use;
        (B) the alternatives to the pesticide use pose greater risks to the
        environment or human health;
        (C) the minor use pesticide plays or will play a significant part in
        managing pest resistance; or
        (D) the minor use pesticide plays or will play a significant part in 
        an integrated pest management program.

The status as a minor use under this subsection shall continue as long as the 
Administrator has not determined that, based on existing data, such use may cause
an unreasonable adverse effect on the environment and the use otherwise qualifies
for such status.

(mm) Antimicrobial Pesticide.--
    (1) In General.--The term "antimicrobial pesticide" means a pesticide that--
        (A) is intended to--
            (i) disinfect, sanitize, reduce, or mitigate growth or development of
            microbiological organisms; or
            (ii) protect inanimate objects, industrial processes or systems, surfaces,
            water, or other chemical substances from contamination, fouling, or
            deterioration caused by bacteria, viruses, fungi, protozoa, algae, or
            slime; and
        (B) in the intended use is exempt from, or otherwise not subject to, a tolerance
        under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
        346a and 348) or a food additive regulation under section 409 of such Act.
    (2) Excluded Products.--The term "antimicrobial pesticide" does not include--
        (A) a wood preservative or antifouling paint product for which a claim of
        pesticidal activity other than or in addition to an activity described in
        paragraph (1) is made;
        (B) an agricultural fungicide product; or
        (C) an aquatic herbicide product.
    (3) Included Products.--The term "antimicrobial pesticide" does include any other
    chemical sterilant product (other that liquid chemical sterilant products exempt
    under subsection (u)), any other disinfectant product, any other industrial 
    microbiocide product, and any other preservative product that is not excluded
    by paragraph (2).

(nn) Public Health Pesticide.--The term "public health pesticide" means any minor use
pesticide product registered for use and used predominantly in public health programs
for vector control or for other recognized health protection uses, including the 
prevention or mitigation of viruses, bacteria, or other microorganisms (other than
viruses, bacteria, or other microorganisms on or in living man or other living 
animal) that pose a threat to public health.

(oo) Vector.--The term "vector" means any organism capable of transmitting the 
causative agent of human disease or capable of producing human discomfort or
injury, including mosquitoes,, flies, fleas, cockroaches, or other insects and
ticks, mites, or rats.
              
Sec. 3 [136a] Registration of pesticides.

(a) Requirement of Registration.--Except as provided by this Act, no
person in any State may distribute or sell to any person any pesticide that is
not registered under this Act. To the extent necessary to prevent
unreasonable adverse effects on the environment, the Administrator may by
regulation limit the distribution, sale, or use in any State of any pesticide
that is not registered under this Act and that is not the subject of 
an experimental use permit under section 5 of this title or an 
emergency exemption under section 18 of this title.

(b) Exemptions.--A pesticide which is not registered with the Administrator may be 
transferred if--
        (1) the transfer is from one registered establishment to another 
    registered establishment operated by the same producer solely for 
    packaging at the second establishment or for use as a constituent 
    part of another pesticide produced at the second establishment; or
        (2) the transfer is pursuant to and in accordance with the 
    requirements of an experimental use permit.

(c) Procedure for Registration.--
    (1) Statement Required.--Each applicant for registration of a pesticide shall
file with the Administrator a statement which includes--
        (A) the name and address of the applicant and of any other 
    person whose name will appear on the labeling;
        (B) the name of the pesticide;
        (C) a complete copy of the labeling of the pesticide, a 
    statement of all claims to be made for it, and any directions 
    for its use;
        (D) the complete formula of the pesticide;
        (E) a request that the pesticide be classified for general 
    use or for restricted use, or for both; and
        (F) except as otherwise provided in paragraph (2)(D), if 
    requested by the Administrator, a full description of the tests 
    made and the results thereof upon which the claims are based, or 
    alternatively a citation to data that appear in the public 
    literature or that previously had been submitted to the 
    Administrator and that the Administrator may consider in 
    accordance with the following provisions:
                (i) With respect to pesticides containing active 
            ingredients that are initially registered under this 
            Act after the date of enactment of the Federal Pesticide Act of
            1978, data submitted to support the application for the original
            registration of the pesticide, or an application for an amendment
            adding any new use to the registration and that pertains solely to
            such new use, shall not, without the written permission of the 
            original data submitter, be considered by the Administrator 
            to support an application by another person during a period 
            of ten years following the date the Administrator first 
            registers the pesticide, except that such permission shall 
            not be required in the case of defensive data.
                (ii) The period of exclusive data use provided under clause (i)
            shall be extended 1 additional year for each minor uses registered
            after the date of enactment of this clause and within 7 years of
            the commencement of the exclusive use period, up to a total of 3
            additional years for all minor uses registered by the Administrator
            if the Administrator, in consultation with the Secretary of
            Agriculture, determines that, based on information provided by an
            applicant for registration or a registrant, that--
                     (I) there are insufficient efficacious alternative registered
                 pesticides available for the use;
                     (II) the alternatives to the minor use pesticide pose greater
                 risks to the environment or human health;
                     (III) the minor use pesticide plays or will play a significant
                 part in managing pest resistance; or
                     (IV) the minor use pesticide plays or will play a significant
                 part in an integrated pest management program.
            The registration of a pesticide for a minor use on a crop grouping
            established by the Administrator shall be considered for purposes of
            this clause 1 minor use for each representative crop for which data are
            provided in the crop grouping.  Any additional exclusive use period
            under this clause shall be modified as appropriate or terminated if the
            registrant voluntarily cancels the product or deletes from the
            registration the minor uses which formed the basis for the extension of
            the additional exclusive use period or if the Administrator determines
            that the registrant is not actually marketing the product for such minor
            uses.
                (iii) Except as otherwise provided in clause (i), with 
            respect to data submitted after December 31, 1969, by an 
            applicant or registrant to support an application for 
            registration, experimental use permit, or amendment adding a 
            new use to an existing registration, to support or maintain 
            in effect an existing registration, or for reregistration, 
            the Administrator may, without the permission of the 
            original data submitter, consider any such item of data in 
            support of an application by any other person (hereinafter 
            in this subparagraph referred to as the "applicant") 
            within the fifteen-year period following the date the data 
            were originally submitted only if the applicant has made an 
            offer to compensate the original data submitter and 
            submitted such offer to the Administrator accompanied by 
            evidence of delivery to the original data submitter of the 
            offer. The terms and amount of compensation may be fixed by 
            agreement between the original data submitter and the 
            applicant, or, failing such agreement, binding arbitration 
            under this subparagraph. If, at the end of ninety days after 
            the date of delivery to the original data submitter of the 
            offer to compensate, the original data submitter and the 
            applicant have neither agreed on the amount and terms of 
            compensation nor on a procedure for reaching an agreement on 
            the amount and terms of compensation, either person may 
            initiate binding arbitration proceedings by requesting the 
            Federal Mediation and Conciliation Service to appoint an 
            arbitrator from the roster of arbitrators maintained by such 
            Service. The procedure and rules of the Service shall be 
            applicable to the selection of such arbitrator and to such 
            arbitration proceedings, and the findings and determination 
            of the arbitrator shall be final and conclusive, and no 
            official or court of the United States shall have power or 
            jurisdiction to review any such findings and determination, 
            except for fraud, misrepresentation, or other misconduct by 
            one of the parties to the arbitration or the arbitrator 
            where there is a verified complaint with supporting 
            affidavits attesting to specific instances of such fraud, 
            misrepresentation, or other misconduct. The parties to the 
            arbitration shall share equally in the payment of the fee 
            and expenses of the arbitrator. If the Administrator 
            determines that an original data submitter has failed to 
            participate in a procedure for reaching an agreement or in 
            an arbitration proceeding as required by this subparagraph, 
            or failed to comply with the terms of an agreement or 
            arbitration decision concerning compensation under this 
            subparagraph, the original data submitter shall forfeit the 
            right to compensation for the use of the data in support of 
            the application. Notwithstanding any other provision of this 
            Act, if the Administrator determines that an 
            applicant has failed to participate in a procedure for 
            reaching an agreement or in an arbitration proceeding as 
            required by this subparagraph, or failed to comply with the 
            terms of an agreement or arbitration decision concerning 
            compensation under this subparagraph, the Administrator 
            shall deny the application or cancel the registration of the 
            pesticide in support of which the data were used without 
            further hearing. Before the Administrator takes action under 
            either of the preceding two sentences, the Administrator 
            shall furnish to the affected person, by certified mail, 
            notice of intent to take action and allow fifteen days from 
            the date of delivery of the notice for the affected person 
            to respond. If a registration is denied or canceled under 
            this subparagraph, the Administrator may make such order as 
            the Administrator deems appropriate concerning the continued 
            sale and use of existing stocks of such pesticide. 
            Registration action by the Administrator shall not be 
            delayed pending the fixing of compensation.
                (iv) After expiration of any period of exclusive use 
            and any period for which compensation is required for the 
            use of an item of data under clauses (i), (ii), and (iii), the 
            Administrator may consider such item of data in support of 
            an application by any other applicant without the permission 
            of the original data submitter and without an offer having 
            been received to compensate the original data submitter for 
            the use of such item of data.
                (v) The period of exclusive use provided under clause (ii)
            shall not take effect until 1 year after enactment of this clause,
            except where an applicant or registrant is applying for the 
            registration is applying for the registration of a pesticide
            containing an active ingredient not previously registered.
                (vi) With respect to data submitted after the date of
            enactment of this clause by an applicant or registrant to support
            an amendment adding a new use to an existing registration that does
            not retain any period of exclusive use, if such data relates solely
            to a minor use of a pesticide, such data shall not, without the
            written permission of the original data submitter, be considered
            by the Administrator to support an application for a minor use by
            another person during the period of 10 years following the date of
            submission of such data.  The applicant or registrant at the time the
            new minor use is requested shall notify the Administrator that to 
            the best of their knowledge the exclusive use period for the pesticide
            has expired and that the data pertaining solely to the minor use of
            a pesticide is eligible for the provisions of this paragraph.  If the
            minor use registration which is supported by data submitted pursuant
            to this subsection is voluntarily canceled or if such data are 
            subsequently used to support a nonminor use, the data shall no longer
            be subject to the exclusive use provisions of this clause but shall
            instead be considered by the Administrator in accordance with the
            provisions of clause (i), as appropriate.

        (G) If the applicant is requesting that the registration or amendment to 
    the registration of a pesticide be expedited, an explanation of the basis for
    for the request must be submitted, in accordance with paragraph (10) of this 
    subsection.

    (2) Data in Support of Registration.--
        (A) In General.-- The Administrator shall publish guidelines specifying
    the kinds of information which will be required to support the 
    registration of a pesticide and shall revise such guidelines from 
    time to time. If thereafter the Administrator requires any 
    additional kind of information under subparagraph (B) of this 
    paragraph, the Administrator shall permit sufficient time for 
    applicants to obtain such additional information. The Administrator, 
    in establishing standards for data requirements for the registration 
    of pesticides with respect to minor uses, shall make such standards 
    commensurate with the anticipated extent of use, pattern of use, the
    public health and agricultural need for such minor use, and the level
    and degree of potential beneficial or adverse effects on man and the environment.
    The Administrator shall not require a person to submit, in
    relation to a registration or reregistration of a pesticide for
    minor agricultural use under this Act, any field residue data
    from a geographic area where the pesticide will not be registered for such
    use. In the development of these standards, the Administrator shall
    consider the economic factors of potential national volume of use, extent
    of distribution, and the impact of the cost of meeting the requirements
    on the incentives for any potential registrant to undertake the development
    of the required data. Except as provided by section 10, within 30 days after
    the Administrator registers a pesticide under this Act the Administrator
    shall make available to the public the data called for in the registration
    statement together with such other scientific information as the Administrator
    deems relevant to the Administrator's decision.
        (B) Additional Data.--(i) If the Administrator determines that additional
    data are required to maintain in effect an existing registration of a 
    pesticide, the Administrator shall notify all existing registrants 
    of the pesticide to which the determination relates and provide a 
    list of such registrants to any interested person.
        (ii) Each registrant of such pesticide shall provide evidence 
    within ninety days after receipt of notification that it is taking 
    appropriate steps to secure the additional data that are required. 
    Two or more registrants may agree to develop jointly, or to share in 
    the cost of developing, such data if they agree and advise the 
    Administrator of their intent within ninety days after notification. 
    Any registrant who agrees to share in the cost of producing the data 
    shall be entitled to examine and rely upon such data in support of 
    maintenance of such registration. The Administrator shall issue a 
    notice of intent to suspend the registration of a pesticide in 
    accordance with the procedures prescribed by clause (iv) if a 
    registrant fails to comply with this clause.
        (iii) If, at the end of sixty days after advising the 
    Administrator of their agreement to develop jointly, or share in the 
    cost of developing, data, the registrants have not further agreed on 
    the terms of the data development arrangement or on a procedure for 
    reaching such agreement, any of such registrants may initiate 
    binding arbitration proceedings by requesting the Federal Mediation 
    and Conciliation Service to appoint an arbitrator from the roster of 
    arbitrators maintained by such Service. The procedure and rules of 
    the Service shall be applicable to the selection of such arbitrator 
    and to such arbitration proceedings, and the findings and 
    determination of the arbitrator shall be final and conclusive, and 
    no official or court of the United States shall have power or 
    jurisdiction to review any such findings and determination, except 
    for fraud, misrepresentation, or other misconduct by one of the 
    parties to the arbitration or the arbitrator where there is a 
    verified complaint with supporting affidavits attesting to specific 
    instances of such fraud, misrepresentation, or other misconduct. All 
    parties to the arbitration shall share equally in the payment of the 
    fee and expenses of the arbitrator. The Administrator shall issue a 
    notice of intent to suspend the registration of a pesticide in 
    accordance with the procedures prescribed by clause (iv) if a 
    registrant fails to comply with this clause.
        (iv) Notwithstanding any other provision of this Act, if 
    the Administrator determines that a registrant, within the time 
    required by the Administrator, has failed to take appropriate steps 
    to secure the data required under this subparagraph, to participate 
    in a procedure for reaching agreement concerning a joint data 
    development arrangement under this subparagraph or in an arbitration 
    proceeding as required by this subparagraph, or to comply with the 
    terms of an agreement or arbitration decision concerning a joint 
    data development arrangement under this subparagraph, the 
    Administrator may issue a notice of intent to suspend such 
    registrant's registration of the pesticide for which additional data 
    is required. The Administrator may include in the notice of intent 
    to suspend such provisions as the Administrator deems appropriate 
    concerning the continued sale and use of existing stocks of such 
    pesticide. Any suspension proposed under this subparagraph shall 
    become final and effective at the end of thirty days from receipt by 
    the registrant of the notice of intent to suspend, unless during 
    that time a request for hearing is made by a person adversely 
    affected by the notice or the registrant has satisfied the 
    Administrator that the registrant has complied fully with the 
    requirements that served as a basis for the notice of intent to 
    suspend. If a hearing is requested, a hearing shall be conducted 
    under section 6(d) of this Act. The only matters for resolution 
    at that hearing shall be whether the registrant has failed to take 
    the action that served as the basis for the notice of intent to 
    suspend the registration of the pesticide for which additional data 
    is required, and whether the Administrator's determination with 
    respect to the disposition of existing stocks is consistent with 
    this Act. If a hearing is held, a decision after completion 
    of such hearing shall be final. Notwithstanding any other provision 
    of this Act, a hearing shall be held and a determination made 
    within seventy-five days after receipt of a request for such 
    hearing. Any registration suspended under this subparagraph shall be 
    reinstated by the Administrator if the Administrator determines that 
    the registrant has complied fully with the requirements that served 
    as a basis for the suspension of the registration.
        (v) Any data submitted under this subparagraph shall be subject 
    to the provisions of paragraph (1)(D). Whenever such data are 
    submitted jointly by two or more registrants, an agent shall be 
    agreed on at the time of the joint submission to handle any 
    subsequent data compensation matters for the joint submitters of 
    such data.
        (vi) Upon request of a registrant the Administrator shall, in the
    case of a minor use, extend the deadline for the production of residue 
    chemistry data under this subparagraph for data required solely to
    support that minor use until the final deadline for submission of data
    under section 4 for the other uses of the pesticide established as of
    the date of enactment of the Food Quality Protection Act of 1996, if--
            (I) the data to support other uses of the pesticide on a food are
        being provided;
           (II) the registrant, in submitting a request for such an extension,
        provides a schedule, including interim dates to measure progress, to 
        assure that the data production will be completed before the expiration
        of the extension period;
          (III) the Administrator has determined that such extension will not
        significantly delay the Administrator's schedule for issuing a 
        reregistration eligibility determination required under section 4; and
           (IV) the Administrator has determined that based on existing data, such
        extension would not significantly increase the risk of any unreasonable
        adverse effect on the environment./1/  If the Administrator grants an
        extension under this clause, the Administrator shall monitor the 
        development of the data and shall ensure that the registrant is meeting 
        the schedule for the production of the data.  If the Administrator
        determines that the registrant is not meeting or has not met the schedule
        for the production of such data, the Administrator may proceed in 
        accordance with clause (iv) regarding the continued registration of the
        affected products with the minor use and shall inform the public of such
        action.  Notwithstanding the provisions of this clause, the Administrator
        may take action to modify or revoke the extension under this clause if the
        Administrator determines that the extension for the minor use may cause
        an unreasonable adverse effect on the environment.  In such circumstance,
        the Administrator shall provide, in writing to the registrant, a notice
        revoking the extension of time for submission of data.  Such data shall
        instead be due in accordance with the date established by the Administrator
        for the submission of the data.
-----------------------------------------------------------------------------------------
/1/ Indentation of the following sentences of this clause is so in the original
(as added by sec. 201(c)(1) of P.L. 104-170).  Probably should be indented the same as
flush matter of this clause.
-----------------------------------------------------------------------------------------
       (vii) If the registrant does not commit to support a specific minor use of the
    pesticide, but is supporting and providing data in a timely and adequate fashion
    to support uses of the pesticide on a food, or if all uses of the pesticide are
    nonfood uses and the registrant does not commit to support a specific minor use
    of the pesticide but is supporting and providing data in a timely and adequate
    fashion to support other nonfood uses of the pesticide, the Administrator, at the
    written request of the registrant, shall not take any action pursuant to this 
    clause in regard to such unsupported minor use until the final deadline
    established as the date of enactment of the Food Quality Protection Act of 1996,
    for the submission of data under section 4 for the supported uses identified
    pursuant to this clause unless the Administrator determines that the absence of
    the data is significant enough to cause human health or environmental concerns.  On the
    basis of such determination, the Administrator shall publish in the Federal Register
    a notice of the receipt of the request and the effective date upon which the uses
    not being supported will be voluntarily deleted from the registration pursuant to
    section 6(f)(1).  If the Administrator grants an extension under this clause, the
    Administrator shall monitor the development of the data for the uses being 
    supported and shall ensure that the registrant is meeting the schedule for the 
    production of such data.  If the Administrator determines that the registrant is
    not meeting or has not met the schedule for the production of such data, the
    Administrator may proceed in accordance with clause (iv) of this subparagraph
    regarding the continued registration of the affected products with the minor
    and other uses and shall inform the public of such action in accordance with
    section 6(f)(2).  Notwithstanding the provisions of this clause, the 
    Administrator may deny, modify, or revoke the temporary extension under this
    subparagraph if the Administrator determines that the continuation of the minor
    use may cause an unreasonable adverse effects on the environment.  In the event of
    modification or revocation, the Administrator shall provide, in writing, to the
    registrant a notice revoking the temporary extension and establish a new effective 
    date by which the minor use shall be deleted from the registration.
        (viii)(I) If data required to support registration of a pesticide under 
    subparagraph (A) is requested by a Federal or State regulatory authority, the
    Administrator shall, to the extent practicable, coordinate data requirements,
    test protocols, timetables, and standards of review and reduce burdens and
    redundancy cause to the registrant by multiple requirements on the registrant.
        (II) The Administrator may enter into a cooperative agreement with a State to
    carry out subclause (I).
        (III) Not later than 1 year after the date of enactment of this clause, the
    Administrator shall develop a process to identify and assist in alleviating
    future disparities between Federal and State data requirements.

        (C) Simplified Procedures.-- Within nine months after the date of enactment
    of this subparagraph, the Administrator shall, by regulation, prescribe simplified
    procedures for the registration of pesticides, which shall include the 
    provisions of subparagraph (D) of this paragraph.

        (D) Exemption.--No applicant for registration of a pesticide who 
    proposes to purchase a registered pesticide from another producer in 
    order to formulate such purchased pesticide into the pesticide that 
    is the subject of the application shall be required to--
            (i) submit or cite data pertaining to such purchased 
        product; or
            (ii) offer to pay reasonable compensation otherwise required 
        by paragraph (1)(D) of this subsection for the use of any such 
        data.

        (E) Minor Use Waiver.--In handling the registration of a pesticide for a
    minor use, the Administrator may waive otherwise applicable data requirements
    if the Administrator determines that the absence of such data will not prevent
    the Administrator from determining--
            (i) the incremental risk presented by the minor use of the pesticide; and
            (ii) that such risk, if any, would not be an unreasonable adverse effect
        on the environment.

    (3) Time for Acting with Respect to Application.--

        (A) In General.-- The Administrator shall review the data after receipt of the 
    application and shall, as expeditiously as possible, either register 
    the pesticide in accordance with paragraph (5), or notify the 
    applicant of the Administrator's determination that it does not 
    comply with the provisions of the Act in accordance with 
    paragraph (6).
        (B) Identical or Substantially Similar.--(i) The Administrator shall, as
    expeditiously as possible, review and act on any application received by the
    Administrator that--
            (I) proposes the initial or amended registration of an end-
        use pesticide that, if registered as proposed, would be 
        identical or substantially similar in composition and labeling 
        to a currently-registered pesticide identified in the 
        application, or that would differ in composition and labeling 
        from such currently-registered pesticide only in ways that would 
        not significantly increase the risk of unreasonable adverse 
        effects on the environment; or
            (II) proposes an amendment to the registration of a 
        registered pesticide that does not require scientific review of 
        data.

        (ii) In expediting the review of an application for an action 
    described in clause (i), the Administrator shall--
            (I) within 45 days after receiving the application, notify 
        the registrant whether or not the application is complete and, 
        if the application is found to be incomplete, reject the 
        application;
            (II) within 90 days after receiving a complete application, 
        notify the registrant if the application has been granted or 
        denied; and
            (III) if the application is denied, notify the registrant in 
        writing of the specific reasons for the denial of the 
        application.

        (C) Minor use registration 
        (i) The Administrator shall, as expeditiously as possible, review and act on
    any complete application-- 
            (I) that proposes the initial registration of a new 
        pesticide active ingredient if the active ingredient is proposed to be
        registered solely for minor uses, or proposes a registration amendment solely
        for minor uses to an existing registration; or 
            (II) for a registration or a registration amendment that proposes significant
        minor uses. 
        (ii) For the purposes of clause (i) - 
            (I) the term "as expeditiously as possible" means that the Administrator
        shall, to the greatest extent practicable, complete a review and evaluation of
        all data, submitted with a complete application, within 12 months after the
        submission of the complete application, and the failure of the Administrator to
        complete such a review and evaluation under clause (i) shall not be subject to
        judicial review; and
            (II) the term "significant minor uses" means 3 or more minor uses proposed
        for every nonminor use, a minor use that would, in the judgment of the
        Administrator, serve as a replacement for any use which has been canceled in the
        5 years preceding the receipt of the application, or a minor use that in the
        opinion of the Administrator would avoid the reissuance of an emergency exemption
        under section 18 for that minor use. 

        (D) Adequate Time for Submission of Minor Use Data.--  If a registrant makes a
    request for a minor use waiver, regarding data required by the Administrator, pursuant
    to paragraph (2)(E), and if the Administrator denies in whole or in part such data
    waiver request, the registrant shall have a full-time period for providing such data.
    For purposes of this subparagraph, the term "full-time period" means the time period
    originally established by the Administrator for submission of such data, beginning
    with the date of receipt by the registrant of the Administrator's notice of denial.

    (4) Notice of Application.--The Administrator shall publish in the Federal Register,
promptly after receipt of the statement and other data required pursuant to paragraphs (1)
and (2), a notice of each application for registration of any pesticide if it contains any
new active ingredient or if it would entail a changed use pattern. The notice shall
provide for a period of 30 days in which any Federal agency or any other interested person
may comment.

    (5) Approval of Registration.--The Administrator shall register a pesticide if the
Administrator determines that, when considered with any restrictions imposed under
subsection (d)--
        (A) its composition is such as to warrant the proposed claims for it;
        (B) its labeling and other material required to be submitted comply with the
    requirements of this Act;
        (C) it will perform its intended function without unreasonable adverse effects on
    the environment; and
        (D) when used in accordance with widespread and commonly recognized practice it
    will not generally cause unreasonable adverse effects on the environment.

    The Administrator shall not make any lack of essentiality a 
    criterion for denying registration of any pesticide. Where two 
    pesticides meet the requirements of this paragraph, one should not 
    be registered in preference to the other. In considering an 
    application for the registration of a pesticide, the Administrator 
    may waive data requirements pertaining to efficacy, in which event 
    the Administrator may register the pesticide without determining 
    that the pesticide's composition is such as to warrant proposed 
    claims of efficacy. If a pesticide is found to be efficacious by any 
    State under section 24(c) of this Act, a presumption is 
    established that the Administrator shall waive data requirements 
    pertaining to efficacy for use of the pesticide in such State.

    (6) Denial of Registration.--If the Administrator determines that the requirements of 
paragraph (5) for registration are not satisfied, the Administrator shall notify the
applicant for registration of the Administrator's determination and of the Administrator's
reasons (including the factual basis) therefor, and that, unless the applicant corrects
the conditions and notifies the Administrator thereof during the 30-day period beginning
with the day after the date on which the applicant receives the notice, the Administrator
may refuse to register the pesticide. Whenever the Administrator refuses to register a
pesticide, the Administrator shall notify the applicant of the Administrator's decision
and of the Administrator's reasons (including the factual basis) therefor. The
Administrator shall promptly publish in the Federal Register notice of such denial of
registration and the reasons therefor.  Upon such notification, the applicant for
registration or other interested person with the concurrence of the applicant shall have
the same remedies as provided for in section 6.

    (7) Registration under Special Circumstances.--Notwithstanding the provisions of
paragraph (5)--
        (A) The Administrator may conditionally register or amend the registration of a
    pesticide if the Administrator determines that (i) the pesticide and proposed use are
    identical or substantially similar to any currently registered pesticide and use
    thereof, or differ only in ways that would not significantly increase the risk of
    unreasonable adverse effects on the environment, (ii) approving the registration or
    amendment in the manner proposed by the applicant would not significantly increase the
    risk of any unreasonable adverse effect on the environment.  An applicant seeking
    conditional registration or amended registration under this subparagraph shall submit
    such data as would be required to obtain registration of a similar pesticide under
    paragraph (5).  If the applicant is unable to submit an item of data because it has
    not yet been generated, the Administrator may register or amend the registration of
    the pesticide under such conditions as will require the submission of such data not
    later than the time such data are required to be submitted with respect to similar
    pesticides already registered under this Act.
       (B) The Administrator may conditionally amend the registration of a pesticide to
    permit additional uses of such pesticide notwithstanding that data concerning the
    pesticide may be insufficient to support an unconditional amendment, if the
    Administrator determines that (i) the applicant has submitted satisfactory data
    pertaining to the proposed additional use, and (ii) amending the registration in the
    manner proposed by the applicant would not significantly increase the risk of any
    unreasonable adverse effect on the environment.  Notwithstanding the foregoing
    provisions of this subparagraph, no registration of a pesticide may be amended to
    permit an additional use of such pesticide if the Administrator has issued a notice
    stating that such pesticide, or any ingredient thereof, meets or exceeds risk criteria
    associated in whole or in part with human dietary exposure enumerated in regulations
    issued under this Act, and during the pendency of any risk-benefit evaluation
    initiated by such notice, if (I) the additional use of such pesticide involves a major
    food or feed crop, or (II) the additional use of such pesticide involves a minor food
    or feed crop and the Administrator determines, with the concurrence of the Secretary
    of Agriculture, there is available an effective alternative pesticide that does not
    meet or exceed such risk criteria. An applicant seeking amended registration under
    this subparagraph shall submit such data as would be required to obtain registration
    of a similar pesticide under paragraph (5). If the applicant is unable to submit an
    item of data (other than data pertaining to the proposed additional use) because it
    has not yet been generated, the Administrator may amend the registration under such
    conditions as will require the submission of such data not later than the time such
    data are required to be submitted with respect to similar pesticides already
    registered under this Act.
        (C) The Administrator may conditionally register a pesticide containing an active
    ingredient not contained in any currently registered pesticide for a period reasonably
    sufficient for the generation and submission of required data (which are lacking 
    because a period reasonably sufficient for generation of the data has not elapsed
    since the Administrator first imposed the data requirement) on the condition that by
    the end of such period the Administrator receives such data and the data do not meet
    or exceed risk criteria enumerated in regulations issued under this Act, and on such
    other conditions as the Administrator may prescribe. A conditional registration under 
    this subparagraph shall be granted only if the Administrator determines that use of
    the pesticide during such period will not cause any unreasonable adverse effect on
    the environment, and that use of the pesticide is in the public interest.

    (8) Interim Administrative Review.--Notwithstanding any other provision of this Act,
the Administrator may not initiate a public interim administrative review process to
develop a risk-benefit evaluation of the ingredients of a pesticide or any of its uses
prior to initiating a formal action to cancel, suspend, or deny registration of such
pesticide, required under this Act, unless such interim administrative process is based
on a validated test or other significant evidence raising prudent concerns of
unreasonable adverse risk to man or to the environment. Notice of the definition of the
terms "validated test" and "other significant evidence" as used herein shall be published
by the Administrator in the Federal Register.

    (9)Labeling.--
        (A) Additional Statements.--Subject to subparagraphs (B) and (C), it shall not
    be a violation of this Act for a registrant to modify the labeling of an
    antimicrobial pesticide product to include relevant information on product efficacy,
    product composition, container composition or design, or other characteristics that do
    not relate to any pesticidal claim or pesticidal activity.
        (B) Requirements.--Proposed labeling information under subparagraph (A) shall not
    be false or misleading, shall not conflict with or detract from any statement required
    by law or the Administrator as a condition of registration, and shall be substantiated
    on the request of the Administrator. 
        (C) Notification and Disapproval.--
            (i) Notification.--A registration may be modified under subparagraph (A) if - 
               (I) the registrant notifies the Administrator in writing not later than 60
            days prior to distribution or sale of a product bearing the modified labeling;
            and 
               (II) the Administrator does not disapprove of the modification under clause
            (ii). 
            (ii) Disapproval.--Not later than 30 days after receipt of a notification
        under clause (i), the Administrator may disapprove the modification by sending
        the registrant notification in writing stating that the proposed language is not
        acceptable and stating the reasons why the Administrator finds the proposed
        modification unacceptable. 
            (iii) Restriction on Sale.--A registrant may not sell or distribute a product
        bearing a disapproved modification. 
            (iv) Objection.--A registrant may file an objection in writing to a
        disapproval under clause (ii) not later than 30 days after receipt of notification
        of the disapproval. 
            (v) Final Action.--A decision by the Administrator following receipt and
        consideration of an objection filed under clause (iv) shall  be considered a final
        agency action. 
        (D) Use Dilution.--The label or labeling required under this Act for an
    antimicrobial pesticide that is or may be diluted for use may have a different
    statement of caution or protective measures for use of the recommended diluted
    solution of the pesticide than for use of a concentrate of the pesticide if the
    Administrator determines that - 
            (i) adequate data have been submitted to support the statement proposed for
        the diluted solution uses; and
            (ii) the label or labeling provides adequate protection for exposure to the
        diluted solution of the pesticide. 

    (10) Expedited Registration of Pesticides.--
        (A) Not later than 1 year after the date of enactment of this paragraph, the
    Administrator shall, utilizing public comment, develop procedures and guidelines, and
    expedite the review of an application for registration of a pesticide or an amendment
    to a registration that satisfies such guidelines. 
        (B) Any application for registration or an amendment, including biological and
    conventional pesticides, will be considered for expedited review under this paragraph.
    An application for registration or an amendment shall qualify for expedited review if
    use of the pesticide proposed by the application may reasonably be expected to
    accomplish 1 or more of the following: 
            (i) Reduce the risks of pesticides to human health. 
            (ii) Reduce the risks of pesticides to nontarget organisms. 
            (iii) Reduce the potential for contamination of groundwater, surface water, or
        other valued environmental resources. 
            (iv) Broaden the adoption of integrated pest management strategies, or make
        such strategies more available or more effective. 
        (C) The Administrator, not later than 30 days after receipt of an application for
    expedited review, shall notify the applicant whether the application is complete. If
    it is found to be incomplete, the Administrator may either reject the request for
    expedited review or ask the applicant for additional information to satisfy the
    guidelines developed under subparagraph (A).

(d) Classification of Pesticides.--

     (1) Classification for General Use, Restricted Use, or Both.--
        (A) As a part of the registration of a pesticide the 
    Administrator shall classify it as being for general use or for 
    restricted use. If the Administrator determines that some of the 
    uses for which the pesticide is registered should be for general use 
    and that other uses for which it is registered should be for 
    restricted use, the Administrator shall classify it for both general 
    use and restricted use. Pesticide uses may be classified by 
    regulation on the initial classification, and registered pesticides 
    may be classified prior to reregistration. If some of the uses of 
    the pesticide are classified for general use, and other uses are 
    classified for restricted use, the directions relating to its 
    general uses shall be clearly separated and distinguished from those 
    directions relating to its restricted uses. The Administrator may 
    require that its packaging and labeling for restricted uses shall be 
    clearly distinguishable from its packaging and labeling for general 
    uses.
        (B) If the Administrator determines that the pesticide, when 
    applied in accordance with its directions for use, warnings and 
    cautions and for the uses for which it is registered, or for one or 
    more of such uses, or in accordance with a widespread and commonly 
    recognized practice, will not generally cause unreasonable adverse 
    effects on the environment, the Administrator will classify the 
    pesticide, or the particular use or uses of the pesticide to which 
    the determination applies, for general use.
        (C) If the Administrator determines that the pesticide, when 
    applied in accordance with its directions for use, warnings and 
    cautions and for the uses for which it is registered, or for one or 
    more of such uses, or in accordance with a widespread and commonly 
    recognized practice, may generally cause, without additional 
    regulatory restrictions, unreasonable adverse effects on the 
    environment, including injury to the applicator, the Administrator 
    shall classify the pesticide, or the particular use or uses to which 
    the determination applies, for restricted use:
            (i) If the Administrator classifies a pesticide, or one or 
        more uses of such pesticide, for restricted use because of a 
        determination that the acute dermal or inhalation toxicity of 
        the pesticide presents a hazard to the applicator or other 
        persons, the pesticide shall be applied for any use to which the 
        restricted classification applies only by or under the direct 
        supervision of a certified applicator.
            (ii) If the Administrator classifies a pesticide, or one or 
        more uses of such pesticide, for restricted use because of a 
        determination that its use without additional regulatory 
        restriction may cause unreasonable adverse effects on the 
        environment, the pesticide shall be applied for any use to which 
        the determination applies only by or under the direct 
        supervision of a certified applicator, or subject to such other 
        restrictions as the Administrator may provide by regulation. Any 
        such regulation shall be reviewable in the appropriate court of 
        appeals upon petition of a person adversely affected filed 
        within 60 days of the publication of the regulation in final 
        form.
    (2) Change in Classification.--If the Administrator determines that a change in
the classification of any use of a pesticide from general use to 
restricted use is necessary to prevent unreasonable adverse effects 
on the environment, the Administrator shall notify the registrant of 
such pesticide of such determination at least forty-five days before 
making the change and shall publish the proposed change in the 
Federal Register. The registrant, or other interested person with 
the concurrence of the registrant, may seek relief from such 
determination under section 6(b).
    (3) Change in Classification from Restricted Use to General Use.--The registrant of
any pesticide with one or more uses classified for restricted use may petition
the Administrator to change any such classification from restricted to general
use. Such petition shall set out the basis for the registrant's position that restricted
use classification is unnecessary because classification of the pesticide for general
use would not cause unreasonable adverse effects on the environment. The Administrator,
within sixty days after receiving such petition, shall notify the registrant whether 
the petition has been granted or denied. Any denial shall contain an explanation
therefor and any such denial shall be subject to judicial review under section 16 of
this Act.

(e) Products with Same Formulation and Claims.--Products which have the same formulation,
are manufactured by the same person, the labeling of which contains the same claims, and
the labels of which bear a designation identifying the product as the same pesticide may
be registered as a single pesticide; and additional names and labels shall be added to
the registration by supplemental statements.

(f) Miscellaneous.--

    (1) Effect of Change of Labeling or Formulation.--If the labeling or formulation for a
pesticide is changed, the registration shall be amended to reflect such change if the
Administrator determines that the change will not violate any provision of this Act.
    (2) Registration Not a Defense.--In no event shall registration of an article be
construed as a defense for the commission of any offense under this Act. As long as no
cancellation proceedings are in effect registration of a pesticide shall be prima facie
evidence that the pesticide, its labeling and packaging comply with the registration
provisions of the Act.
    (3) Authority to Consult Other Federal Agencies.--In connection with consideration of
any registration or application for registration under this section, the Administrator may
consult with any other Federal agency.
    (4) Mixtures of Nitrogen Stabilizers and Fertilizer Products.--Any mixture or other
combination of--
        (A) 1 or more nitrogen stabilizers registered under this Act; and 
        (B) 1 or more fertilizer products, 
shall not be subject to the provisions of this section or sections 4, 5, 7, 15, and
17(a)(2) if the mixture or other combination is accompanied by the labeling required
under this Act for the nitrogen stabilizer contained in the mixture or other combination,
the mixture or combination is mixed or combined in accordance with such labeling, and
the mixture or combination does not contain any active ingredient other than the
nitrogen stabilizer. 

(g) Registration Review.--
    (1)(A) General Rule.--The registrations of pesticides are to be periodically 
reviewed. The Administrator shall by regulation establish a procedure for accomplishing
the periodic review of registrations. The goal of these regulations shall be a review of
a pesticide's registration every 15 years. No registration shall be canceled as a result
of the registration review process unless the Administrator follows the procedures and
substantive requirements of section 6. 
    (B) Limitation.--Nothing in this subsection shall prohibit the Administrator from
undertaking any other review of a pesticide pursuant to this Act.

    (2)(A) Data.--The Administrator shall use the authority in subsection (c)(2)(B) to
require the submission of data when such data are necessary for a registration review. 
    (B) Data Submission, Compensation, and Exemption.--For purposes of this subsection,
the provisions of subsections (c)(1), (c)(2)(B), and (c)(2)(D) shall be utilized for and
be applicable to any data required for registration review. 

(h) Registration Requirements for Antimicrobial Pesticides.--
    (1) Evaluation of Process.--To the maximum extent practicable consistent with the
degrees of risk presented by an antimicrobial pesticide and the type of review appropriate
to evaluate the risks, the Administrator shall identify and evaluate reforms to the
antimicrobial registration process that would reduce review periods existing as of the
date of enactment of this subsection for antimicrobial pesticide product registration
applications and applications for amended registration of antimicrobial pesticide
products, including--
        (A) new antimicrobial active ingredients; 
        (B) new antimicrobial end-use products; 
        (C) substantially similar or identical antimicrobial pesticides; and 
        (D) amendments to antimicrobial pesticide registrations. 
    (2) Review Time Period Reduction Goal.--Each reform identified under paragraph (1)
shall be designed to achieve the goal of reducing the review period following submission
of a complete application, consistent with the degree of risk, to a period of not more
than--
        (A) 540 days for a new antimicrobial active ingredient pesticide registration; 
        (B) 270 days for a new antimicrobial use of a registered active ingredient; 
        (C) 120 days for any other new antimicrobial product; 
        (D) 90 days for a substantially similar or identical antimicrobial product; 
        (E) 90 days for an amendment to an antimicrobial registration that does not
    require scientific review of data; and 
        (F) 90 to 180 days for an amendment to an antimicrobial registration that requires
    scientific review of data and that is not otherwise described in this paragraph. 
    (3) Implementation.--
        (A) Proposed Rulemaking.--
            (i) Issuance.--Not later than 270 days after the date of enactment of this
        subsection, the Administrator shall publish in the Federal Register proposed
        regulations to accelerate and improve the review of antimicrobial pesticide
        products designed to implement, to the extent practicable, the goals set forth
        in paragraph (2). 
            (ii) Requirements.--Proposed regulations issued under clause (i) shall--
                (I) define the various classes of antimicrobial use patterns, including
            household, industrial, and institutional disinfectants and sanitizing
            pesticides, preservatives, water treatment, and pulp and paper mill additives,
            and other such products intended to disinfect, sanitize, reduce, or mitigate
            growth or development of microbiological organisms, or protect inanimate
            objects, industrial processes or systems, surfaces, water, or other chemical
            substances from contamination, fouling, or deterioration caused by bacteria,
            viruses, fungi, protozoa, algae, or slime; 
                (II) differentiate the types of review undertaken for antimicrobial
            pesticides;
                (III) conform the degree and type of review to the risks and benefits
            presented by antimicrobial pesticides and the function of review under this
            Act, considering the use patterns of the product, toxicity, expected exposure,
            and product type; 
                (IV) ensure that the registration process is sufficient to maintain
            antimicrobial pesticide efficacy and that antimicrobial pesticide products
            continue to meet product performance standards and effectiveness levels for
            each type of label claim made; and 
                (V) implement effective and reliable deadlines for process management. 
            (iii) Comments.--In developing the proposed regulations, the Administrator
        shall solicit the views from registrants and other affected parties to maximize
        the effectiveness of the rule development process. 

        (B) Final Regulations.--
            (i) Issuance.--The Administrator shall issue final regulations not later than
        240 days after the close of the comment period for the proposed regulations. 
            (ii) Failure to Meet Goal.--If a goal described in paragraph (2) is not met by
        the final regulations, the Administrator shall identify the goal, explain why the
        goal was not attained, describe the element of the regulations included instead,
        and identify future steps to attain the goal. 
            (iii) Requirements.--In issuing final regulations, the Administrator shall--
                (I) consider the establishment of a certification process for regulatory
            actions involving risks that can be responsibly managed, consistent with the
            degree of risk, in the most cost-efficient manner; 
                (II) consider the establishment of a certification process by approved
            laboratories as an adjunct to the review process; 
                (III) use all appropriate and cost-effective review mechanisms,
            including-- 
                    (aa) expanded use of notification and non-notification procedures; 
                    (bb) revised procedures for application review; and
                    (cc) allocation of appropriate resources to ensure streamlined
                management of antimicrobial pesticide registrations; and 
                (IV) clarify criteria for determination of the completeness of an
            application. 
        (C) Expedited Review.--This subsection does not affect the requirements or extend 
    the deadlines or review periods contained in subsection (c)(3). 
        (D) Alternative Review Periods.--If the final regulations to carry out this
    paragraph are not effective 630 days after the date of enactment of this subsection,
    until the final regulations become effective, the review period, beginning on the
    date of receipt by the Agency of a complete application, shall be - 
            (i) 2 years for a new antimicrobial active ingredient pesticide registration; 
            (ii) 1 year for a new antimicrobial use of a registered active ingredient; 
            (iii) 180 days for any other new antimicrobial product; 
            (iv) 90 days for a substantially similar or identical antimicrobial product; 
            (v) 90 days for an amendment to an antimicrobial registration that does not
        require scientific review of data; and 
            (vi) 240 days for an amendment to an antimicrobial registration that requires
        scientific review of data and that is not otherwise described in this
        subparagraph. 
        (E) Wood Preservatives.--An application for the registration, or for an amendment
    to the registration, of a wood preservative product for which a claim of pesticidal
    activity listed in section 2(mm) of this is made (regardless of any other pesticidal
    claim that is made with respect to the product) shall be reviewed by the Administrator
    within the same period as that established under this paragraph for an antimicrobial
    pesticide product application, consistent with the degree of risk posed by the use of
    the wood preservative product, if the application requires the applicant to satisfy
    the same data requirements as are required to support an application for a wood
    preservative product that is an antimicrobial pesticide. 
        (F) Notification.--
            (i) In General.--Subject to clause (iii), the Administrator shall notify an 
        applicant whether an application has been granted or denied not later than the
        final day of the appropriate review period under this paragraph, unless the
        applicant and the Administrator agree to a later date. 
            (ii) Final Decision.--If the Administrator fails to notify an applicant within 
        the period of time required under clause (i), the failure shall be considered an
        agency action unlawfully withheld or unreasonably delayed for purposes of judicial
        review under chapter 7 of title 5, United States Code.
            (iii) Exemption.--This subparagraph does not apply to an application for an 
        antimicrobial pesticide that is filed under subsection (c)(3)(B) prior to 90 days
        after the date of enactment of this subsection.
    (4) Annual Report.--
        (A) Submission.--Beginning on the date of enactment of this subsection and ending
    on the date that the goals under paragraph (2) are achieved, the Administrator shall,
    not later than March 1 of each year, prepare and submit an annual report to the
    Committee on Agriculture of the House of Representatives and the Committee on
    Agriculture, Nutrition, and Forestry of the Senate. 
        (B) Requirements.--A report submitted under subparagraph (A) shall include a
    description of-- 
            (i) measures taken to reduce the backlog of pending registration applications; 
            (ii) progress toward achieving reforms under this subsection; and 
            (iii) recommendations to improve the activities of the Agency pertaining to
        antimicrobial registrations. 
Sec. 4. [136a-1] Reregistration of Registered Pesticides.
    (a) General Rule.--The Administrator shall reregister, in accordance with this section, 
each registered pesticide containing any active ingredient contained in any pesticide
first registered before November 1, 1984, except for any pesticide as to which the
Administrator has determined, after November 1, 1984, and before the effective date of
this section, that--
        (1) there are no outstanding data requirements; and
        (2) the requirements of section 3(c)(5) of this title have been satisfied.
    (b) Reregistration Phases.--Reregistrations of pesticides under this section shall be
carried out in the following phases:
        (1) The first phase shall include the listing under subsection 
    (c) of the active ingredients of the pesticides that will be reregistered.
        (2) The second phase shall include the submission to the 
    Administrator under subsection (d) of notices by registrants
    respecting their intention to seek reregistration, 
    identification by registrants of missing and inadequate data for 
    such pesticides, and commitments by registrants to replace such 
    missing or inadequate data within the applicable time period.
        (3) The third phase shall include submission to the 
    Administrator by registrants of the information required under 
    subsection (e).
        (4) The fourth phase shall include an independent, initial 
    review by the Administrator under subsection (f) of 
    submissions under phases two and three, identification of 
    outstanding data requirements, and the issuance, as necessary, of 
    requests for additional data.
        (5) The fifth phase shall include the review by the 
    Administrator under subsection (g) of data submitted 
    for reregistration and appropriate regulatory action by the 
    Administrator.

    (c) Phase One.--
        (1) Priority for Reregistration.--For purposes of the reregistration of the
    pesticides described in subsection (a), the Administrator shall list the active
    ingredients of pesticides and shall give priority to, among others, active ingredients
    (other than active ingredients for which registration standards have been issued
    before the effective date of this section) that--
            (A) are in use on or in food or feed and may result in 
        postharvest residues;
            (B) may result in residues of potential toxicological 
        concern in potable ground water, edible fish, or shellfish;
            (C) have been determined by the Administrator before the 
        effective date of this section to have significant outstanding 
        data requirements; or
            (D) are used on crops, including in greenhouses and 
        nurseries, where worker exposure is most likely to occur.

        (2) Reregistration Lists.--For purposes of reregistration under this section, the 
    Administrator shall by order--
            (A) not later than 70 days after the effective date of this 
        section, list pesticide active ingredients for which 
        registration standards have been issued before such effective 
        date;
            (B) not later than 4 months after such effective date, list 
        the first 150 pesticide active ingredients, as determined under 
        paragraph (1);
            (C) not later than 7 months after such effective date, list 
        the second 150 pesticide active ingredients, as determined under 
        paragraph (1); and
            (D) not later than 10 months after such effective date, list 
        the remainder of the pesticide active ingredients, as determined 
        under paragraph (1).
    Each list shall be published in the Federal Register.
        (3) Judicial Review.--The content of a list issued by the Administrator under 
    paragraph (2) shall not be subject to judicial review.
        (4) Notice to Registrants.--On the publication of a list of pesticide active
    ingredients under paragraph (2), the Administrator shall send by certified mail 
    to the registrants of the pesticides containing such active 
    ingredients a notice of the time by which the registrants are to 
    notify the Administrator under subsection (d) whether the registrants intend
    to seek or not to seek reregistration of such pesticides.

    (d) Phase Two.--
        (1) In General.--The registrant of a pesticide that contains an active ingredient 
    listed under subparagraph (B), (C), or (D) of subsection (c)(2) shall submit to the
    Administrator, within the time period prescribed by paragraph (4), the notice
    described in paragraph (2) and any information, commitment, or offer described in 
    paragraph (3).
        (2) Notice of Intent to Seek or Not to Seek Reregistration.--
            (A) The registrant of a pesticide containing an active 
        ingredient listed under subparagraph (B), (C), or (D) of subsection 
        (c)(2) shall notify the Administrator by certified mail whether
        the registrant intends to seek or does not intend to seek reregistration of
        the pesticide.
            (B) If a registrant submits a notice under subparagraph (A) of 
        an intention not to seek reregistration of a pesticide, the 
        Administrator shall publish a notice in the Federal Register stating 
        that such a notice has been submitted.
        (3) Missing or Inadequate Data.--Each registrant of a pesticide that contains an
    active ingredient listed under subparagraph (B), (C), or (D) of subsection (c)(2) and
    for which the registrant submitted a notice under paragraph (2) of an intention to
    seek reregistration of such pesticide shall submit to the Administrator--
            (A) in accordance with regulations issued by the 
        Administrator under section 3, an identification of--
                (i) all data that are required by regulation to support 
            the registration of the pesticide with respect to such 
            active ingredient;
                (ii) data that were submitted by the registrant 
            previously in support of the registration of the pesticide 
            that are inadequate to meet such regulations; and
                (iii) data identified under clause (i) that have not 
            been submitted to the Administrator; and
            (B) either--
                (i) a commitment to replace the data identified under 
            subparagraph (A)(ii) and submit the data identified under 
            subparagraph (A)(iii) within the applicable time period 
            prescribed by paragraph (4)(B); or
                (ii) an offer to share in the cost to be incurred by a 
            person who has made a commitment under clause (i) to replace 
            or submit the data and an offer to submit to arbitration as 
            described by section 3(c)(2)(B) with regard to such cost sharing.

    For purposes of a submission by a registrant under subparagraph 
    (A)(ii), data are inadequate if the data are derived from a study 
    with respect to which the registrant is unable to make the 
    certification prescribed by subsection (e)(1)(G) that the registrant possesses or
    has access to the raw data used in or generated by such study. For purposes of
    a submission by a registrant under such subparagraph, data shall be considered to be 
    inadequate if the data are derived from a study submitted before 
    January 1, 1970, unless it is demonstrated to the satisfaction of 
    the Administrator that such data should be considered to support the 
    registration of the pesticide that is to be reregistered.
        (4) Time Periods.--
            (A) A submission under paragraph (2) or (3) shall be made--
                (i) in the case of a pesticide containing an active 
            ingredient listed under subsection (c)(2)(B), not later than
            3 months after the date of publication of the listing of such
            active ingredient;
                (ii) in the case of a pesticide containing an active 
            ingredient listed under subsection (c)(2)(C), not later than 3 months
            after the date of publication of the listing of such active ingredient; and
                (iii) in the case of a pesticide containing an active 
            ingredient listed under subsection (c)(2)(D), not later than 3 months
            after the date of publication of the listing of such active ingredient.

    On application, the Administrator may extend a time period 
    prescribed by this subparagraph if the Administrator determines that 
    factors beyond the control of the registrant prevent the registrant 
    from complying with such period.
            (B) A registrant shall submit data in accordance with a 
        commitment entered into under paragraph (3)(B) within a reasonable 
        period of time, as determined by the Administrator, but not more 
        than 48 months after the date the registrant submitted the 
        commitment. The Administrator, on application of a registrant, may 
        extend the period prescribed by the preceding sentence by no more 
        than 2 years if extraordinary circumstances beyond the control of 
        the registrant prevent the registrant from submitting data within 
        such prescribed period.  Upon application of a registrant, the Administrator
        shall, in the case of a minor use, extend the deadline for the production of
        residue chemistry data under this subparagraph for data required solely to
        support that minor use until the final deadline for submission of data 
        under this section for the other uses of the pesticide established as of
        the date of enactment of the Food Quality Protection Act of 1996 if--
                (i) the data to support other uses of the pesticide on a food
            are being provided; 
                (ii) the registrant, in submitting a request for such an 
            extension provides a schedule, including interim dates to 
            measure progress, to assure that the data production will be 
            completed before the expiration of the extension period; 
                (iii) the Administrator has determined that such extension 
            will not significantly delay the Administrator's schedule for 
            issuing a reregistration eligibility determination required 
            under this section; and  
                (iv) the Administrator has determined that based on existing 
            data, such extension would not significantly increase the risk 
            of any unreasonable adverse effect on the environment./1/ If the 
            Administrator grants an extension under this subparagraph, the 
            Administrator shall monitor the development of the data and 
            shall ensure that the registrant is meeting the schedule for 
            the production of the data. If the Administrator determines 
            that the registrant is not meeting or has not met the schedule 
            for the production of such data, the Administrator may proceed 
            in accordance with clause (iv) of section 3(c)(2)(B) or other
            provisions of this section, as appropriate, regarding the continued
            registration of the affected products with the minor use and shall
            inform the public of such action. Notwithstanding the provisions of
            this subparagraph, the Administrator may take action to modify or
            revoke the extension under this subparagraph if the Administrator
            determines that the extension for the minor use may cause an unreasonable 
            adverse effect on the environment. In such circumstance, the 
            Administrator shall provide written notice to the registrant 
            revoking the extension of time for submission of data. Such 
            data shall instead be due in accordance with the date then 
            established by the Administrator for submission of the data. 
-----------------------------------------------------------------------------------------
/1/ Indentation of the following sentences of this subparagraph is so in 
original (as added by sec. 201(c)(2) of P.L. 104-170).  Probaly should be indented
the same as flush matter of this subparagraph.
-----------------------------------------------------------------------------------------
        (5) Cancellation and Removal.--
            (A) If the registrant of a pesticide does not submit a notice 
        under paragraph (2) or (3) within the time prescribed by paragraph 
        (4)(A), the Administrator shall issue a notice of intent to cancel 
        the registration of such registrant for such pesticide and shall 
        publish the notice in the Federal Register and allow 60 days for the 
        submission of comments on the notice. On expiration of such 60 days, 
        the Administrator, by order and without a hearing, may cancel the 
        registration or take such other action, including extension of 
        applicable time periods, as may be necessary to enable 
        reregistration of such pesticide by another person.
            (B)(i) If--
                (I) no registrant of a pesticide containing an active 
            ingredient listed under subsection (c)(2) notifies the
            Administrator under paragraph (2) that the registrant
            intends to seek reregistration of any pesticide containing
            that active ingredient;
                (II) no such registrant complies with paragraph (3)(A); or
                (III) no such registrant makes a commitment under paragraph 
            (3)(B) to replace or submit all data described in clauses (ii) 
            and (iii) of paragraph (3)(A);
        the Administrator shall publish in the Federal Register a notice of 
        intent to remove the active ingredient from the list established 
        under subsection (c)(2) and a notice of intent to cancel the
        registrations of all pesticides containing such active 
        ingredient and shall provide 60 days for comment on such notice.
            (ii) After the 60-day period has expired, the Administrator, by 
        order, may cancel any such registration without hearing, except that 
        the Administrator shall not cancel a registration under this 
        subparagraph if--
                (I) during the comment period a person acquires the rights 
            of the registrant in that registration;
                (II) during the comment period that person furnishes a 
            notice of intent to reregister the pesticide in accordance with 
            paragraph (2); and
                (III) not later than 120 days after the publication of the 
            notice under this subparagraph, that person has complied with 
            paragraph (3) and the fee prescribed by subsection (i)(1) of 
            this section has been paid.
        (6) Suspensions and Penalties.--The Administrator shall issue a notice of intent
    to suspend the registration of a pesticide in accordance with the procedures 
    prescribed by section 3(c)(2)(B)(iv) if the Administrator determines that (A) progress
    is insufficient to ensure the submission of the data required for such pesticide
    under a commitment made under paragraph (3)(B) within the time period 
    prescribed by paragraph (4)(B) or (B) the registrant has not 
    submitted such data to the Administrator within such time period.  If the registrant
    does not commit to support a specific minor use of the pesticide, but is supporting
    and providing data in a timely and adequate fashion to support uses of the pesticide 
    on a food, or if all uses of the pesticide are nonfood uses and 
    the registrant does not commit to support a specific minor use of 
    the pesticide but is supporting and providing data in a timely 
    and adequate fashion to support other nonfood uses of the 
    pesticide, the Administrator, at the written request of the 
    registrant, shall not take any action pursuant to this paragraph 
    in regard to such unsupported minor use until the final deadline 
    established as of the date of enactment of the Food Quality Protection
    Act of 1996, for the submission of data under this section for the supported
    uses identified pursuant to this paragraph unless the Administrator determines
    that the absence of the data is significant enough to cause human health 
    or environmental concerns. On such a determination the Administrator may refuse
    the request for extension by the registrant. Upon receipt of the request from
    the registrant, the Administrator shall publish in the Federal Register a
    notice of the receipt of the request and the effective date upon which the 
    uses not being supported will be voluntarily deleted from the 
    registration pursuant to section 6(f)(1). If the Administrator grants an extension
    under this paragraph, the Administrator shall monitor the development of the
    data for the uses being supported and shall ensure that the registrant is 
    meeting the schedule for the production of such data. If the 
    Administrator determines that the registrant is not meeting or 
    has not met the schedule for the production of such data, the 
    Administrator may proceed in accordance with section 
    3(c)(2)(B)(iv) of this title regarding the continued 
    registration of the affected products with the minor and other 
    uses and shall inform the public of such action in accordance 
    with section 6(f)(2) of this title. Notwithstanding this 
    subparagraph, the Administrator may deny, modify, or revoke the 
    temporary extension under this paragraph if the Administrator 
    determines that the continuation of the minor use may cause an 
    unreasonable adverse effect on the environment. In the event of 
    modification or revocation, the Administrator shall provide, in 
    writing, to the registrant a notice revoking the temporary 
    extension and establish a new effective date by which the minor 
    use shall be deleted from the registration. 

    (e) Phase Three.--
        (1) Information about Studies.-- Each registrant of a pesticide that contains an
    active ingredient listed under subparagraph (B), (C), or (D) of subsection 
    (c)(2) who has submitted a notice under subsection (d)(2) of an intent to seek the
    reregistration of such pesticide shall submit, in accordance with the guidelines 
    issued under paragraph (4), to the Administrator--
            (A) a summary of each study concerning the active ingredient 
        previously submitted by the registrant in support of the 
        registration of a pesticide containing such active ingredient 
        and considered by the registrant to be adequate to meet the 
        requirements of section 3 and the regulations 
        issued under such section;
            (B) a summary of each study concerning the active ingredient 
        previously submitted by the registrant in support of the 
        registration of a pesticide containing such active ingredient 
        that may not comply with the requirements of section 3 and the
        regulations issued under such section but which the registrant
        asserts should be deemed to comply with such requirements and regulations;
            (C) a reformat of the data from each study summarized under 
        subparagraph (A) or (B) by the registrant concerning chronic 
        dosing, oncogenicity, reproductive effects, mutagenicity, 
        neurotoxicity, teratogenicity, or residue chemistry of the 
        active ingredient that were submitted to the Administrator 
        before January 1, 1982;
            (D) where data described in subparagraph (C) are not 
        required for the active ingredient by regulations issued under 
        section 3, a reformat of acute and subchronic dosing data
        submitted by the registrant to the Administrator before
        January 1, 1982, that the registrant considers to be 
        adequate to meet the requirements of section 3 and the
        regulations issued under such section;
            (E) an identification of data that are required to be 
        submitted to the Administrator under section 6(a)(2), indicating
        an adverse effect of the pesticide;
            (F) an identification of any other information available 
        that in the view of the registrant supports the registration;
            (G) a certification that the registrant or the Administrator 
        possesses or has access to the raw data used in or generated by 
        the studies that the registrant summarized under subparagraph 
        (A) or (B);
            (H) either--
                (i) a commitment to submit data to fill each outstanding 
            data requirement identified by the registrant; or
                (ii) an offer to share in the cost of developing such 
            data to be incurred by a person who has made a commitment 
            under clause (i) to submit such data, and an offer to submit 
            to arbitration as described by section 3(c)(2)(B) and
            (I) evidence of compliance with section 3(c)(1)(D)(ii) and
        regulations issued thereunder with regard to previously submitted
        data as if the registrant were now seeking the original registration
        of the pesticide.
    A registrant who submits a certification under subparagraph (G) that 
    is false shall be considered to have violated this Act and 
    shall be subject to the penalties prescribed by section 14.

        (2) Time Periods.--
            (A) The information required by paragraph (1) shall be submitted 
        to the Administrator--
                (i) in the case of a pesticide containing an active 
            ingredient listed under subsection (c)(2)(B), not later
            than 12 months after the date of publication of the 
            listing of such active ingredient;
                (ii) in the case of a pesticide containing an active 
            ingredient listed under subsection (c)(2)(C), not later
            than 12 months after the date of publication of the 
            listing of such active ingredient; and
                (iii) in the case of a pesticide containing an active 
            ingredient listed under subsection (c)(2)(D), not later
            than 12 months after the date of publication of the 
            listing of such active ingredient.
            (B) A registrant shall submit data in accordance with a 
        commitment entered into under paragraph (1)(H) within a reasonable 
        period of time, as determined by the Administrator, but not more 
        than 48 months after the date the registrant submitted the 
        commitment under such paragraph. The Administrator, on application 
        of a registrant, may extend the period prescribed by the preceding 
        sentence by no more than 2 years if extraordinary circumstances 
        beyond the control of the registrant prevent the registrant from 
        submitting data within such prescribed period.  Upon application of a
        registrant, the Administrator shall, in the case of a minor use,
        extend the deadline for the production of residue chemistry data under
        this subparagraph for data required solely to support that minor use 
        until the final deadline for submission of data under this section for
        the other uses of the pesticide established as of the date of enactment
        of the Food Quality Protection Act of 1996 if--
                (i) the data to support other uses of the pesticide on a food
            are being provided; 
                (ii) the registrant, in submitting a request for such an
            extension provides a schedule, including interim dates to 
            measure progress, to assure that the data production will be 
            completed before the expiration of the extension period; 
                (iii) the Administrator has determined that such extension 
            will not significantly delay the Administrator's schedule for 
            issuing a reregistration eligibility determination required 
            under this section; and 
                (iv) the Administrator has determined that based on existing 
            data, such extension would not significantly increase the risk 
            of any unreasonable adverse effect on the environment./1/ If the 
            Administrator grants an extension under this subparagraph, the 
            Administrator shall monitor the development of the data and 
            shall ensure that the registrant is meeting the schedule for 
            the production of the data. If the Administrator determines 
            that the registrant is not meeting or has not met the schedule 
            for the production of such data, the Administrator may proceed 
            in accordance with clause (iv) of section 3(c)(2)(B) or
            other provisions of this section, as appropriate, 
            regarding the continued registration of the affected products 
            with the minor use and shall inform the public of such action. 
            Notwithstanding the provisions of this subparagraph, the 
            Administrator may take action to modify or revoke the extension 
            under this subparagraph if the Administrator determines that 
            the extension for the minor use may cause an unreasonable 
            adverse effect on the environment. In such circumstance, the 
            Administrator shall provide written notice to the registrant 
            revoking the extension of time for submission of data. Such 
            data shall instead be due in accordance with the date then 
            established by the Administrator for submission of the data. 
-----------------------------------------------------------------------------------------
/1/ Indentation of the following sentences of this subparagraph is so in original (as
added by sec. 201(c)(2) of P.L. 104-170).  Probably should be indented the same as 
flush matter of this subparagraph.
-----------------------------------------------------------------------------------------
        (3) Cancellation.--
            (A) If the registrant of a pesticide fails to submit the 
        information required by paragraph (1) within the time prescribed by 
        paragraph (2), the Administrator, by order and without hearing, 
        shall cancel the registration of such pesticide.  If the 
        registrant does not commit to support a specific minor use of the 
        pesticide, but is supporting and providing data in a timely and 
        adequate fashion to support uses of the pesticide on a food, or 
        if all uses of the pesticide are nonfood uses and the registrant 
        does not commit to support a specific minor use of the pesticide 
        but is supporting and providing data in a timely and adequate 
        fashion to support other nonfood uses of the pesticide, the 
        Administrator, at the written request of the registrant, shall 
        not take any action pursuant to this subparagraph in regard to 
        such unsupported minor use until the final deadline established 
        as of the date of enactment of the Food Quality Protection Act of
        1996 for the submission of data under this section for the supported uses
        identified pursuant to this subparagraph unless the Administrator
        determines that the absence of the data is significant enough to cause
        human health or environmental concerns. On the basis of such determination,
        the Administrator may refuse the request for extension by the registrant.
        Upon receipt of the request from the registrant, the Administrator shall
        publish in the Federal Register a notice of the receipt of the request and
        the effective date upon which the uses not being supported will be
        voluntarily deleted from the registration pursuant to section 6(f)(1).
        If the Administrator grants an extension under this subparagraph, 
        the Administrator shall monitor the development of the data for 
        the uses being supported and shall ensure that the registrant is 
        meeting the schedule for the production of such data. If the 
        Administrator determines that the registrant is not meeting or 
        has not met the schedule for the production of such data, the 
        Administrator may proceed in accordance with section 
        3(c)(2)(B)(iv) regarding the continued registration of the
        affected products with the minor and other uses and shall inform
        the public of such action in accordance with section 6(f)(2).
        Notwithstanding this subparagraph, the Administrator may deny,
        modify, or revoke the temporary extension under this subparagraph
        if the Administrator determines that the continuation of the minor
        use may cause an unreasonable adverse effect on the environment.
        In the event of modification or revocation, the Administrator shall
        provide, in writing, to the registrant a notice revoking the temporary 
        extension and establish a new effective date by which the minor 
        use shall be deleted from the registration. 
            (B)(i) If the registrant of a pesticide submits the information 
       required by paragraph (1) within the time prescribed by paragraph 
       (2) and such information does not conform to the guidelines for 
       submissions established by the Administrator, the Administrator 
       shall determine whether the registrant made a good faith attempt to 
       conform its submission to such guidelines.
            (ii) If the Administrator determines that the registrant made a 
       good faith attempt to conform its submission to such guidelines, the 
       Administrator shall provide the registrant a reasonable period of 
       time to make any necessary changes or corrections.
           (iii)(I) If the Administrator determines that the registrant did 
       not make a good faith attempt to conform its submission to such 
       guidelines, the Administrator may issue a notice of intent to cancel 
       the registration. Such a notice shall be sent to the registrant by 
       certified mail.
          (II) The registration shall be canceled without a hearing or 
       further notice at the end of 30 days after receipt by the registrant 
       of the notice unless during that time a request for a hearing is 
       made by the registrant.
          (III) If a hearing is requested, a hearing shall be conducted 
       under section 6(d), except that the only matter for resolution at

       the hearing shall be whether the registrant made a good faith
       attempt to conform its submission to such guidelines. The 
       hearing shall be held and a determination made within 75 days after 
       receipt of a request for hearing.

        (4) Guidelines.--
            (A) Not later than 1 year after the effective date of this 
        section, the Administrator, by order, shall issue guidelines to be 
        followed by registrants in--
                (i) summarizing studies;
                (ii) reformatting studies;
                (iii) identifying adverse information; and
                (iv) identifying studies that have been submitted previously 
           that may not meet the requirements of section 3 or regulations
           issued under such section, under paragraph (1).
            (B) Guidelines issued under subparagraph (A) shall not be 
        subject to judicial review.

        (5) Monitoring.--The Administrator shall monitor the progress of registrants
    in acquiring and submitting the data required under paragraph (1).

    (f) Phase Four.--
        (1) Independent Review and Identification of Outstanding Data Requirements.--
            (A) The Administrator shall review the submissions of all 
        registrants of pesticides containing a particular active ingredient 
        under subsections (d)(3) and (e)(1) to determine if such submissions
        identified all the data that are missing or inadequate for such active
        ingredient. To assist the review of the Administrator under this subparagraph,
        the Administrator may require a registrant seeking reregistration to submit
        complete copies of studies summarized under subsection (e)(1).
            (B) The Administrator shall independently identify and publish 
        in the Federal Register the outstanding data requirements for each 
        active ingredient that is listed under subparagraph (B), (C), or (D) 
        of subsection (c)(2) and that is contained in a pesticide to be
        reregistered under this section. The Administrator, at the same time,
        shall issue a notice under section 3(c)(2)(B) for the submission of the
        additional data that are required to meet such requirements.

        (2) Time Periods.--
            (A) The Administrator shall take the action required by 
        paragraph (1)--
                (i) in the case of a pesticide containing an active 
            ingredient listed under subsection (c)(2)(B), not later than
            18 months after the date of the listing of such active ingredient;
                (ii) in the case of a pesticide containing an active 
            ingredient listed under subsection (c)(2)(C), not later than
            24 months after the date of the listing of such active ingredient; and
                (iii) in the case of a pesticide containing an active 
            ingredient listed under subsection (c)(2)(D), not later than
            33 months after the date of the listing of such active ingredient.
            (B) If the Administrator issues a notice to a registrant under 
        paragraph (1)(B) for the submission of additional data, the 
        registrant shall submit such data within a reasonable period of 
        time, as determined by the Administrator, but not to exceed 48 
        months after the issuance of such notice. The Administrator, on 
        application of a registrant, may extend the period prescribed by the 
        preceding sentence by no more than 2 years if extraordinary 
        circumstances beyond the control of the registrant prevent the 
        registrant from submitting data within such prescribed period.
        Upon application of a registrant, the Administrator shall, in the
        case of a minor use, extend the deadline for the production of 
        residue chemistry data under this subparagraph for data required 
        solely to support that minor use until the final deadline for 
        submission of data under this section for the other uses of the 
        pesticide established as of the date of enactment of the Food Quality
        Protection Act of 1996 if--
                (i) the data to support other uses of the pesticide on a food
            are being provided; 
                (ii) the registrant, in submitting a request for such an 
            extension provides a schedule, including interim dates to 
            measure progress, to assure that the data production will be 
            completed before the expiration of the extension period; 
                (iii) the Administrator has determined that such extension 
             will not significantly delay the Administrator's schedule for 
             issuing a reregistration eligibility determination required 
             under this section; and 
                (iv) the Administrator has determined that based on existing 
             data, such extension would not significantly increase the risk 
             of any unreasonable adverse effect on the environment./1/ If the 
             Administrator grants an extension under this subparagraph, the 
             Administrator shall monitor the development of the data and 
             shall ensure that the registrant is meeting the schedule for 
             the production of the data. If the Administrator determines 
             that the registrant is not meeting or has not met the schedule 
             for the production of such data, the Administrator may proceed 
             in accordance with clause (iv) of section 3(c)(2)(B) or other
             provisions of this section, as appropriate, regarding the continued
             registration of the affected products with the minor use and shall
             inform the public of such action. Notwithstanding the provisions of
             this subparagraph, the Administrator may take action to modify or
             revoke the extension under this subparagraph if the Administrator
             determines that the extension for the minor use may cause an unreasonable 
             adverse effect on the environment. In such circumstance, the 
             Administrator shall provide written notice to the registrant 
             revoking the extension of time for submission of data. Such 
             data shall instead be due in accordance with the date then 
             established by the Administrator for submission of the data. 
-----------------------------------------------------------------------------------------
/1/ Indentation of the following sentences of this subparagraph is so in original (as
added by sec. 201(c)(2) of P.L. 104-170).  Probably should be indented the same as 
flush matter of this subparagraph.
-----------------------------------------------------------------------------------------
        (3) Suspensions and Penalties.--The Administrator shall issue a notice of
    intent to suspend the registration of a pesticide in accordance with the procedures 
    prescribed by section 3(c)(2)(B)(iv) if the Administrator determines that (A)
    tests necessary to fill an outstanding data requirement for such pesticide have
    not been initiated within 1 year after the issuance of a notice under 
    paragraph (1)(B), or (B) progress is insufficient to ensure 
    submission of the data referred to in clause (A) within the time 
    period prescribed by paragraph (2)(B) or the required data have not 
    been submitted to the Administrator within such time period.  If the registrant does
    not commit to support a specific minor use of the pesticide, but is supporting
    and providing data in a timely and adequate fashion to support uses of the
    pesticide on a food, or if all uses of the pesticide are nonfood uses and the 
    registrant does not commit to support a specific minor use of the 
    pesticide but is supporting and providing data in a timely and 
    adequate fashion to support other nonfood uses of the pesticide, 
    the Administrator, at the written request of the registrant, 
    shall not take any action pursuant to this paragraph in regard to 
    such unsupported minor use until the final deadline established 
    as of the date of enactment of the Food Quality Protection Act of 1996, for the
    submission of data under this section for the supported uses identified pursuant to
    this paragraph unless the Administrator determines that the absence of the data
    is significant enough to cause human health or environmental concerns. On such a
    determination the Administrator may refuse the request for extension by the 
    registrant. Upon receipt of the request from the registrant, the 
    Administrator shall publish in the Federal Register a notice of 
    the receipt of the request and the effective date upon which the 
    uses not being supported will be voluntarily deleted from the 
    registration pursuant to section 6(f)(1). If the Administrator grants an
    extension under this paragraph, the Administrator shall monitor the
    development of the data for the uses being supported and shall ensure that
    the registrant is meeting the schedule for the production of such data. If the 
    Administrator determines that the registrant is not meeting or 
    has not met the schedule for the production of such data, the 
    Administrator may proceed in accordance with section 3(c)(2)(B)(iv) regarding the
    continued registration of the affected products with the minor and other 
    uses and shall inform the public of such action in accordance 
    with section 6(f)(2). Notwithstanding this subparagraph, the Administrator may
    deny, modify, or revoke the temporary extension under this paragraph if the
    Administrator determines that the continuation of the minor use may cause an 
    unreasonable adverse effect on the environment. In the event of 
    modification or revocation, the Administrator shall provide, in 
    writing, to the registrant a notice revoking the temporary 
    extension and establish a new effective date by which the minor 
    use shall be deleted from the registration. 

(g) Phase Five.--
    (1) Data Review.--The Administrator shall conduct a thorough examination
of all data submitted under this section concerning an active ingredient 
listed under subsection (c)(2) of this section and of all other available data
found by the Administrator to be relevant.
    (2) Reregistration and Other Actions.--
        (A) Within 1 year after the submission of all data concerning an 
    active ingredient of a pesticide under subsection (f), the Administrator
    shall determine whether pesticides containing such active ingredient are
    eligible for reregistration. For extraordinary circumstances, the
    Administrator may extend such period for not more than 1 additional year.
        (B) Before reregistering a pesticide, the Administrator shall 
    obtain any needed product-specific data regarding the pesticide by 
    use of section 3(c)(2)(B) and shall review such data within 90 days after
    its submission. The Administrator shall require that data under this
    subparagraph be submitted to the Administrator not later than 8 months
    after a determination of eligibility under subparagraph (A) has been made for
    each active ingredient of the pesticide, unless the Administrator determines 
    that a longer period is required for the generation of the data.
        (C) After conducting the review required by paragraph (1) for 
    each active ingredient of a pesticide and the review required by 
    subparagraph (B) of this paragraph, the Administrator shall 
    determine whether to reregister a pesticide by determining whether 
    such pesticide meets the requirements of section 3(c)(5). If the Administrator
    determines that a pesticide is eligible to be reregistered, the Administrator
    shall reregister such pesticide within 6 months after the submission of the
    data concerning such pesticide under subparagraph (B).
        (D) If after conducting a review under paragraph (1) or 
    subparagraph (B) of this paragraph the Administrator determines that 
    a pesticide should not be reregistered, the Administrator shall take 
    appropriate regulatory action.
        (E) As soon as the Administrator has sufficient information 
    with respect to the dietary risk of a particular active ingredient, but in
    any event no later than the time the Administrator makes a determination under
    subparagraph (C) or (D) with respect to pesticides containing a particular
    active ingredient, the Administrator shall--
            (i) reassess each associated tolerance and exemption from the 
        requirement for a tolerance issued under section 408 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a); 
            (ii) determine whether such tolerance or exemption meets the 
        requirements of that Act; 
            (iii) determine whether additional tolerances or exemptions 
        should be issued; 
            (iv) publish in the Federal Register a notice setting forth 
        the determinations made under this subparagraph; and 
            (v) commence promptly such proceedings under this Act 
        and section 408 of the Federal Food, Drug, and Cosmetic Act as are
        warranted by such determinations. 

(h) Compensation of Data Submitter.--If data that are submitted by a registrant
under subsection (d), (e), (f), or (g) of this section are used to support the
application of another person under section 136a of this title, the registrant
who submitted such data shall be entitled to compensation for the use of 
such data as prescribed by section 136a(c)(1)(D) \2\ of this title. In 
determining the amount of such compensation, the fees paid by the 
registrant under this section shall be taken into account.

(i) Fees.--
    (1) Initial Fee for Food or Feed Use Pesticide Active Ingredients.--The registrants
of pesticides that contain an active ingredient that is listed under subparagraph (B),
(C), or (D) of subsection (c)(2) of this section and that is an active ingredient of
any pesticide registered for a major food or feed use shall collectively pay a fee of
$50,000 on submission of information under paragraphs (2) and (3) of subsection (d) of
this section for such ingredient.

    (2) Final Fee for Food or Feed Use Pesticide Active Ingredients.--
        (A) The registrants of pesticides that contain an active 
    ingredient that is listed under subparagraph (B), (C), or (D) of 
    subsection (c)(2) and that is an active ingredient of any pesticide
    registered for a major food or feed use shall collectively pay a fee of $100,000--
            (i) on submission of information for such ingredient under 
        subsection (e)(1) if data are reformatted under subsection (e)(1)(C); or
            (ii) on submission of data for such ingredient under 
        subsection (e)(2)(B) if data are not reformatted under subsection (e)(1)(C).
        (B) The registrants of pesticides that contain an active 
    ingredient that is listed under subsection (c)(2)(A) and that is an active
    ingredient of any pesticide registered for a major food or feed use shall
    collectively pay a fee of $150,000 at such time as the Administrator shall
    prescribe.

    (3) Fees for Other Pesticide Active Ingredients.
        (A) The registrants of pesticides that contain an active 
    ingredient that is listed under subparagraph (B), (C), or (D) of 
    subsection (c)(2) and that is not an active ingredient of any
    pesticide registered for a major food or feed use shall collectively
    pay fees in amounts determined by the Administrator. Such fees may
    not be less than one-half of, nor greater than, the fees required by
    paragraphs (1) and (2). A registrant shall pay such fees at the times
    corresponding to the times fees prescribed by paragraphs (1) and (2)
    are to be paid.
        (B) The registrants of pesticides that contain an active 
    ingredient that is listed under subsection (c)(2)(A) and that is not
    an active ingredient of any pesticide that is registered for a major
    food or feed use shall collectively pay a fee of not more than $100,000
    and not less than $50,000 at such time as the Administrator shall prescribe.

    (4) Reduction or Waiver of Fees for Minor Use and Other Pesticides.
        (A) An active ingredient that is contained only in pesticides 
    that are registered solely for agricultural or nonagricultural minor 
    uses, or a pesticide the value or volume of use of which is small, 
    shall be exempt from the fees prescribed by paragraph (3).
        (B) The Administrator shall exempt any public health pesticide from
    the payment of the fee prescribed under paragraph (3) if, in consultation
    with the Secretary of Health and Human Services, the Administrator determines,
    based on information supplied by the registrant, that the economic return to
    the registrant from sales of the pesticide does not support the registration
    or reregistration of the pesticide.    
        (C) An antimicrobial active ingredient, the production level of 
    which does not exceed 1,000,000 pounds per year, shall be exempt 
    from the fees prescribed by paragraph (3). For purposes of this 
    subparagraph, the term "antimicrobial active ingredient" means any 
    active ingredient that is contained only in pesticides that are not 
    registered for any food or feed use and that are--
            (i) sanitizers intended to reduce the number of living 
        bacteria or viable virus particles on inanimate surface or in 
        water or air;
            (ii) bacteriostats intended to inhibit the growth of 
        bacteria in the presence of moisture;
            (iii) disinfectants intended to destroy or irreversibly 
        inactivate bacteria, fungi, or viruses on surfaces or inanimate 
        objects;
            (iv) sterilizers intended to destroy viruses and all living 
        bacteria, fungi, and their spores on inanimate surfaces; or
            (v) fungicides or fungistats.
        (D)(i) Notwithstanding any other provision of this subsection, 
    in the case of a small business registrant of a pesticide, the 
    registrant shall pay a fee for the reregistration of each active 
    ingredient of the pesticide that does not exceed an amount 
    determined in accordance with this subparagraph.
        (ii) If during the 3-year period prior to reregistration the 
    average annual gross revenue of the registrant from pesticides 
    containing such active ingredient is--
            (I) less than $5,000,000, the registrant shall pay 0.5 
        percent of such revenue;
            (II) $5,000,000 or more but less than $10,000,000, the 
        registrant shall pay 1 percent of such revenue; or
            (III) $10,000,000 or more, the registrant shall pay 1.5 
        percent of such revenue, but not more than $150,000.
        (iii) For the purpose of this subparagraph, a small business 
    registrant is a corporation, partnership, or unincorporated business 
    that--
            (I) has 150 or fewer employees; and
            (II) during the 3-year period prior to reregistration, had 
        an average annual gross revenue from chemicals that did not 
        exceed $40,000,000.

    (5) Maintenance Fee.--
        (A) Subject to other provisions of this paragraph, each 
    registrant of a pesticide shall pay an annual fee by January 15 of 
    each year of--
            (i) $650 for the first registration; and
            (ii) $1,300 for each additional registration, except that no 
        fee shall be charged for more than 200 registrations held by any 
        registrant.
        (B) In the case of a pesticide that is registered for a minor 
    agricultural use, the Administrator may reduce or waive the payment 
    of the fee imposed under this paragraph if the Administrator 
    determines that the fee would significantly reduce the availability 
    of the pesticide for the use.
        (C)(i)/1/ The amount of each fee prescribed under subparagraph (A) 
    shall be adjusted by the Administrator to a level that will result 
    in the collection under this paragraph of, to the extent 
    practicable, an aggregate amount of $14,000,000 each fiscal year.
        (ii)/1/ in /2/ each of the fiscal years 1998, 1999, and 2000, the Administrator
    is authorized to collect up to an additional $2,000,000 in a manner
    consistent with subsection (k)(5) and the recommendations of the Inspector
    General of the Environmental Protection Agency.  The total fees that 
    may be collected under this clause shall not exceed $6,000,000.
-----------------------------------------------------------------------------------------
/1/ Sec. 501(a)(2) of P.L. 104-170 amended para. (5)(C) of sec.
4(i) (7 U.S.C. 136a-1(i)) by inserting "(i)" after "(C)" and adding clause (ii), without
specifying the Act that was being amended.  The amendments were executed to this Act to
effectuate the probable intent of Congress.
/2/ So in original (as added by sec. 501(a)(2) of P.L. 104-170).  Probably should be
"In".
-----------------------------------------------------------------------------------------
        (D) The maximum annual fee payable under this paragraph by--
            (i) a registrant holding not more than 50 pesticide 
        registrations shall be $55,000; and
            (ii) a registrant holding over 50 registrations shall be 
        $95,000.
        (E)(i) For a small business, the maximum annual fee payable 
    under this paragraph by--
            (I) a registrant holding not more than 50 pesticide 
        registrations shall be $38,500; and
            (II) a registrant holding over 50 pesticide registrations 
        shall be $66,500.
        (ii) For purposes of clause (i), the term "small business" 
    means a corporation, partnership, or unincorporated business that--
            (I) has 150 or fewer employees; and
            (II) during the 3-year period prior to the most recent 
        maintenance fee billing cycle, had an average annual gross 
        revenue from chemicals that did not exceed $40,000,000.
        (F) The Administrator shall exempt any public health pesticide from
    the payment of the fee prescribed under paragraph (3) if, in consultation
    with the Secretary of Health and Humans /1/ Services, the Administrator determines,
    based on information supplied with the registrant, that the economic return
    to the registrant from sales of the pesticide does not support the registration
    or reregistration of the pesticide.
        (G) If any fee prescribed by this paragraph with respect to the 
    registration of a pesticide is not paid by a registrant by the time 
    prescribed, the Administrator, by order and without hearing, may 
    cancel the registration.
        (H) The authority provided under this paragraph shall terminate 
    on September 30, 2001./2/

    (6) Other Fees.--During the period beginning on October 25, 1988, and ending on 
    September 30, 2001,/2/ the Administrator may not levy any other fees 
    for the registration of a pesticide under this Act except as 
    provided in paragraphs (1) through (5).
-----------------------------------------------------------------------------------------
/1/ So in original (as added by sec. 232(2) of P.L. 104-170).  Probably should be
"Human".
/2/ Sec. 501(a)(1) of P.L. 104-170 amended paras. (5)(H) and (6) of sec. 4(i) (7 U.S.C.
136a-1(i)) by striking "1997" and inserting "2001", without specifying the Act that was
being amended.  The amendments were executed to this Act to effectuate the probable
intent of Congress.
-----------------------------------------------------------------------------------------
    (7) Apportionment.--
        (A) If two or more registrants are required to pay any fee 
    prescribed by paragraph (1), (2), or (3) with respect to a 
    particular active ingredient, the fees for such active ingredient 
    shall be apportioned among such registrants on the basis of the 
    market share in United States sales of the active ingredient for the 
    3 calendar years preceding the date of payment of such fee, except 
    that--
            (i) small business registrants that produce the active 
        ingredient shall pay fees in accordance with paragraph (4)(C); 
        and
            (ii) registrants who have no market share but who choose to 
        reregister a pesticide containing such active ingredient shall 
        pay the lesser of--
                (I) 15 percent of the reregistration fee; or
                (II) a proportionate amount of such fee based on the 
            lowest percentage market share held by any registrant active 
            in the marketplace.

        In no event shall registrants who have no market share but who 
        choose to reregister a pesticide containing such active 
        ingredient collectively pay more than 25 percent of the total 
        active ingredient reregistration fee.
        (B) The Administrator, by order, may require any registrant to 
    submit such reports as the Administrator determines to be necessary 
    to allow the Administrator to determine and apportion fees under 
    this subsection or to determine the registrant's eligibility for a 
    reduction or waiver of a fee, or to determine the volume usage for
    public health pesticides.
        (C) If any such report is not submitted by a registrant after 
    receiving notice of such report requirement, or if any fee 
    prescribed by this subsection (other than paragraph (5)) for an 
    active ingredient is not paid by a registrant to the Administrator 
    by the time prescribed under this subsection, the Administrator, by 
    order and without hearing, may cancel each registration held by such 
    registrant of a pesticide containing the active ingredient with 
    respect to which the fee is imposed. The Administrator shall 

    reapportion the fee among the remaining registrants and notify the 
    registrants that the registrants are required to pay to the 
    Administrator any unpaid balance of the fee within 30 days after 
    receipt of such notice.

(j) Exemption of Certain Registrants.--The requirements of subsections (d),
(e), (f), and (i) of this section (other than subsection (i)(5) of this
section) regarding data concerning an active ingredient and fees for review
of such data shall not apply to any person who is the registrant of a pesticide
to the extent that, under section 3(c)(2)(D), the person would not be required
to submit or cite such data to obtain an initial registration of such pesticide.

(k) Reregistration and Expedited Processing Fund.--
    (1) Establishment.--There shall be established in the Treasury of the United
States a reregistration and expedited processing fund which shall be known as the 
Reregistration and Expedited Processing Fund./1/
    (2) /2/ Source and Use.--
        (A) All moneys derived from fees collected by the Administrator 
    under subsection (i) shall be deposited in the fund and shall be
    available to the Administrator, without fiscal year limitation,
    specifically to offset the costs of reregistration and expedited
    processing of the applications specified in paragraph (3). Such moneys
    derived from fees may not be expended in any fiscal year to the extent
    such moneys derived from fees would exceed money appropriated for use
    by the Administrator and expended in such year for such costs of 
    reregistration and expedited processing of such applications.  The
    Administrator shall, prior to expending any such moneys derived from fees--
-----------------------------------------------------------------------------------------
/1/ Sec. 501(b) of P.L. 104-170 amended sec. 4(k)(1) (7 U.S.C. 136a-1(k)(1)) by 
inserting "which shall be known as the Reregistration and Expedited Processing Fund",
without specifying the Act that was being amended.  The amendment was executed to this
Act to effectuate the probable intent of Congress.
/2/ Sec. 501(b) of P.L. 104-170 amended sec. 4(k)(2) (7 U.S.C. 136a-1(k)(2)) to read as
provided above, without specifying the Act that was being amended.  The amendment was
executed to this Act to effectuate the probable intent of Congress.
-----------------------------------------------------------------------------------------
            (i) effective October 1, 1997, adopt specific and cost 
        accounting rules and procedures as approved by the General 
        Accounting Office and the Inspector General of the 
        Environmental Protection Agency to ensure that moneys derived 
        from fees are allocated solely to the costs of reregistration 
        and expedited processing of the applications specified in 
        paragraph (3) in the same portion as appropriated funds; 
            (ii) prohibit the use of such moneys derived from fees to pay 
        for any costs other than those necessary to achieve 
        reregistration and expedited processing of the applications 
        specified in paragraph (3); and 
            (iii) ensure that personnel and facility costs associated 
        with the functions to be carried out under this paragraph do 
        not exceed agency averages for comparable personnel and 
        facility costs. 
        (B) The Administrator shall also--
            (i) complete the review of unreviewed reregistration studies 
        required to support the reregistration eligibility decisions 
        scheduled for completion in accordance with subsection (l)(2); and 
            (ii) contract for such outside assistance as may be necessary 
        for review of required studies, using a generally accepted 
        competitive process for the selection of vendors of such 
        assistance. 

    (3) Expedited Processing of Similar Applications.--
        (A) The Administrator shall use for each of the fiscal years 
    1997 through 2001, not more than 1/7th of the maintenance fees collected
    in such fiscal year /1/ to obtain sufficient personnel and resources 
    to assure the expedited processing and review of any application 
    that--
            (i) proposes the initial or amended registration of an end-
        use pesticide that, if registered as proposed, would be 
        identical or substantially similar in composition and labeling 
        to a currently-registered pesticide identified in the 
        application, or that would differ in composition and labeling 
        from any such currently-registered pesticide only in ways that 
        would not significantly increase the risk of unreasonable 
        adverse effects on the environment; or
            (ii) proposes an amendment to the registration of a 
        registered pesticide that does not require scientific review of 
        data; or
            (iii) proposes the initial or amended registration of an end
        use pesticide that, if registered as proposed, would be used for a
        public health pesticide.
-----------------------------------------------------------------------------------------
/1/ Sec. 501(d)(1) of P.L. 104-170 amended sec. 4(k)(3) (7 U.S.C. 136a-1(k)(3)) by 
striking "for each of the fiscal years 1992, 1993, and 1994, 1/7th of the maintenance
fees collected, up to 2 million each year" and inserting "for each of the fiscal years
1997 through 2001, not more than 1/7 of the maintenance fees collected in such fiscal
year", without specifying the Act that was being amended and without including a $ before
"2 million".  The amendment was executed to this Act, and to strike "$2 million", to
effectuate the probable intent of Congress.
-----------------------------------------------------------------------------------------
        (B) Any amounts made available under subparagraph (A) shall be 
    used to obtain sufficient personnel and resources to carry out the 
    activities described in such subparagraph that are in addition to 
    the personnel and resources available to carry out such activities 
    on the date of enactment of this section.
        (C)/1/ So long as the Administrator has not met the time frames 
    specified in clause (ii) of section 3(c)(3)(B) with respect
    to any application subject to section 3(c)(3)(B) that was
    received prior to the date of enactment of the Food Quality
    Protection Act of 1996, the Administrator shall use the full
    amount of the fees specified in subparagraph (A) for the purposes
    specified therein. Once all applications subject to section 3(c)(3)(B)
    that were received prior to such date of enactment have been acted upon,
    no limitation shall be imposed by the preceding sentence of this 
    subparagraph so long as the Administrator meets the time frames 
    specified in clause (ii) of section 3(c)(3)(B) on 90 percent of
    affected applications in a fiscal year. Should the Administrator not
    meet such time frames in a fiscal year, the limitations imposed by
    the first sentence of this subparagraph shall apply until all overdue
    applications subject to section 3(c)(3)(B) have been acted upon. 
    (4) Unused Funds.--Money in the fund not currently needed to carry out this
section shall be--
        (A) maintained on hand or on deposit;
        (B) invested in obligations of the United States or guaranteed thereby; or
        (C) invested in obligations, participations, or other instruments that are
    lawful investments for fiduciary, trust, or public funds.

    (5)/2/ Accounting and Performance.--The Administrator shall take all steps necessary to
ensure that expenditures from fees authorized by subsection (i)(5)(C)(ii) are used only to
carry out the goals established under subsection (l). The Reregistration and Expedited
Processing Fund shall be designated as an Environmental Protection Agency component for
purposes of section 3515(c) of title 31, United States Code. The annual audit required
under section 3521 of such title of the financial statements of activities under this Act
under section 3515(b) of such title shall include an audit of the fees collected under
subsection (i)(5)(C) and disbursed, of the amount appropriated to match such fees, and of
the Administrator's attainment of performance measures and goals established under
subsection (l). Such an audit shall also include a review of the reasonableness of the
overhead allocation and adequacy of disclosures of direct and indirect costs associated
with carrying out the reregistration and expedited processing of the applications
specified in paragraph (3), and the basis for and accuracy of all costs paid with moneys
derived from such fees.  The Inspector General shall conduct the annual audit and report
the findings and recommendations of such audit to the Administrator and to the Committees
on Agriculture of the House of Representatives and the Senate. The cost of such audit
shall be paid for out of the fees collected under subsection (i)(5)(C). 

-----------------------------------------------------------------------------------------
/1/ Sec. 501(d)(2) of P.L. 104-170 added subpara. (C) to sec. 4(k)(3) (7 U.S.C.
136a-1(k)(3)), without specifying the Act that was being amended.  The amendment was
executed to this Act to effectuate the probable intent of Congress.
/2/ Sec. 501(e) of P.L. 104-170 amended sec. 4(k)(5) (7 U.S.C. 136a-1(k)(5)) to read as
provided above, without specifying the Act that was being amended.  The amendment was
executed to this Act to effectuate the probable intent of Congress.
-----------------------------------------------------------------------------------------
(l)/1/ Performance Measures and Goals.--The Administrator shall establish and publish
annually in the Federal Register performance measures and goals. Such measures and
goals shall include--
    (1) the number of products reregistered, canceled, or amended, the status of
reregistration, the number and type of data requests under section 3(c)(2)(B) issued to
support product reregistration by active ingredient, the progress in reducing the number
of unreviewed, required reregistration studies, the aggregate status of tolerances
reassessed, and the number of applications for registration submitted under subsection
(k)(3) that were approved or disapproved; 
    (2)  the future schedule for reregistrations, including the projection for such
schedules that will be issued under subsection (g)(2)(A) and (B) in the current fiscal
year and the succeeding fiscal year; and 
    (3)  the projected year of completion of the reregistrations under this section. 
-----------------------------------------------------------------------------------------
/1/ Sec. 501(f) of P.L. 104-170 amended sec. 4 (7 U.S.C. 136a-1) by redesignating subsecs.
(l) and (m) as subsecs. (m) and (n), respectively, and inserting a new subsec. (l),
without specifying the Act that was being amended.  The amendments were executed to this
Act to effectuate the probable intent of Congress.
-----------------------------------------------------------------------------------------
    
(m) Judicial Review.--Any failure of the Administrator to take any action required by this 
section shall be subject to judicial review under the procedures prescribed by section
16(b).

(n) Authorization of Funds to Develop Public Health Data.--
    (1) Definition.-- For the purposes of this section, "Secretary" means the Secretary of
Health and Human Services, acting through the Public Health Service.
    (2) Consultation.--In the case of a pesticide registered for use in public health 
programs for vector control or for other uses the Administrator determines to be human
health protection uses, the Administrator shall, upon timely request by the registrant or
any other interested person, or on the Administrator's own initiative may, consult with
the Secretary prior to taking final action to suspend registration under section
3(c)(2)(B)(iv), or cancel a registration under section 4, 6(e), or 6(f). In consultation
with the Secretary, the Administrator shall prescribe the form and content of requests
under this section. 
    (3) Benefits to Support Family.--The Administrator, after consulting with the
Secretary, shall make a determination whether the potential benefits of continued use
of the pesticide for public health or health protection purposes are of such significance
as to warrant a commitment by the Secretary to conduct or to arrange for the conduct of
the studies required by the Administrator to support continued registration under section
3 or reregistration under section 4.
    (4) Additional Time.--If the Administrator determines that such a commitment is
warranted and in the public interest, the Administrator shall notify the Secretary and
shall, to the extent necessary, amend a notice issued under section 3(c)(2)(B) to specify
additional reasonable time periods for submission of the data.  
    (5) Arrangements.--The Secretary shall make such arrangements for the conduct of
required studies as the Secretary finds necessary and appropriate to permit submission
of data in accordance with the time periods prescribed by the Administrator. Such
arrangements may include Public Health Service intramural research activities, grants, 
contracts, or cooperative agreements with academic, public health, or other organizations
qualified by experience and training to conduct such studies. 
    (6) Support.--The Secretary may provide for support of the required studies using
funds authorized to be appropriated under this section, the Public Health Service Act,
or other appropriate authorities. After a determination is made under subsection (d),
the Secretary shall notify the Committees on Appropriations of the House of
Representatives and the Senate of the sums required to conduct the necessary studies. 
    (7) Authorization of Appropriations.--There is authorized to be appropriated to carry
out the purposes of this section $12,000,000 for fiscal year 1997, and such sums as may be
necessary for succeeding fiscal years. 
Sec. 5 [136c] Experimental Use Permits.
(a) Issuance.--Any person may apply to the Administrator for an experimental use 
permit for a pesticide. The Administrator shall review the application. 
After completion of the review, but not later than one hundred and 
twenty days after receipt of the application and all required supporting 
data, the Administrator shall either issue the permit or notify the 
applicant of the Administrator's determination not to issue the permit 
and the reasons therefor. The applicant may correct the application or 
request a waiver of the conditions for such permit within thirty days of 
receipt by the applicant of such notification. The Administrator may 
issue an experimental use permit only if the Administrator determines 
that the applicant needs such permit in order to accumulate information 
necessary to register a pesticide under section 3 of this Act. An 
application for an experimental use permit may be filed at any time.

(b) Temporary Tolerance Level.--If the Administrator determines that the use of a
pesticide may reasonably be expected to result in any residue on or in food or feed, 
the Administrator may establish a temporary tolerance level for the residue of the
pesticide before issuing the experimental use permit.

(c) Use under Permit.--Use of a pesticide under an experimental use permit shall
be under the supervision of the Administrator, and shall be subject to such terms 
and conditions and be for such period of time as the Administrator may prescribe
in the permit.

(d) Studies.--When any experimental use permit is issued for a pesticide 
containing any chemical or combination of chemicals which has not been 
included in any previously registered pesticide, the Administrator may 
specify that studies be conducted to detect whether the use of the 
pesticide under the permit may cause unreasonable adverse effects on the 
environment. All results of such studies shall be reported to the 
Administrator before such pesticide may be registered under section 3.

(e) Revocation.--The Administrator may revoke any experimental use permit, at
any time, if the Administrator finds that its terms or conditions are being 
violated, or that its terms and conditions are inadequate to avoid 
unreasonable adverse effects on the environment.

(f) State Issuance of Permits.--Notwithstanding the foregoing provisions of this
section, the Administrator shall, under such terms and conditions as the 
Administrator may by regulations prescribe, authorize any State to issue 
an experimental use permit for a pesticide. All provisions of section 
11 relating to State plans shall apply with equal force to a State plan for
the issuance of experimental use permits under this section.

(g) Exemption for Agricultural Research Agencies.--Notwithstanding the foregoing
provisions of this section, the Administrator may issue an experimental use permit for
a pesticide to any public or private agricultural research agency or educational 
institution which applies for such permit. Each permit shall not exceed 
more than a one-year period or such other specific time as the 
Administrator may prescribe. Such permit shall be issued under such 
terms and conditions restricting the use of the pesticide as the 
Administrator may require. Such pesticide may be used only by such 
research agency or educational institution for purposes of experimentation.
Sec. 6. [136d] Administrative Review; Suspension.
(a) Existing Stocks and Information.-- /1/
    (1) Existing Stocks.--The Administrator may permit the continued sale and use of 
existing stocks of a pesticide whose registration is suspended or canceled under this
section, or section 3 or 4, to such extent, under such conditions, and for such uses
as the Administrator determines that such sale or use is not inconsistent with the
purposes of this Act. 
    (2) Information.--If at any time after the registration of a pesticide the 
registrant has additional factual information regarding unreasonable adverse effects
on the environment of the pesticide, the registrant shall submit such information to the
Administrator.
-----------------------------------------------------------------------------------------
/1/ Sec. 106(a)(1) of P.L. 104-170 amended subsec. (a) by striking the heading and
inserting "(a) Existing Stocks and Information.--".  The second subsec. designation for
"(a)" was omitted to effectuate the probable intent of Congress.
-----------------------------------------------------------------------------------------
(b) Cancellation and Change in Classification.--If it appears to the Administrator that
a pesticide or its labeling or other material required to be submitted does not comply
with the provisions of this Act or, when used in accordance with widespread and commonly
recognized practice, generally causes unreasonable adverse effects on the environment,
the Administrator may issue a notice of the Administrator's intent either--
        (1) to cancel its registration or to change its classification 
    together with the reasons (including the factual basis) for the 
    Administrator's action, or
        (2) to hold a hearing to determine whether or not its 
    registration should be canceled or its classification changed.

Such notice shall be sent to the registrant and made public. In 
determining whether to issue any such notice, the Administrator shall 
include among those factors to be taken into account the impact of the 
action proposed in such notice on production and prices of agricultural 
commodities, retail food prices, and otherwise on the agricultural 
economy. At least 60 days prior to sending such notice to the registrant 
or making public such notice, whichever occurs first, the Administrator 
shall provide the Secretary of Agriculture with a copy of such notice 
and an analysis of such impact on the agricultural economy. If the 
Secretary comments in writing to the Administrator regarding the notice 
and analysis within 30 days after receiving them, the Administrator 
shall publish in the Federal Register (with the notice) the comments of 
the Secretary and the response of the Administrator with regard to the 
Secretary's comments. If the Secretary does not comment in writing to 
the Administrator regarding the notice and analysis within 30 days after 
receiving them, the Administrator may notify the registrant and make 
public the notice at any time after such 30-day period notwithstanding 
the foregoing 60-day time requirement. The time requirements imposed by 
the preceding 3 sentences may be waived or modified to the extent agreed 
upon by the Administrator and the Secretary. Notwithstanding any other 
provision of this subsection (b) and section 25(d), in the 
event that the Administrator determines that suspension of a pesticide 
registration is necessary to prevent an imminent hazard to human health, 
then upon such a finding the Administrator may waive the requirement of 
notice to and consultation with the Secretary of Agriculture pursuant to 
subsection (b) and of submission to the Scientific Advisory Panel 
pursuant to section 25(d) and proceed in accordance with subsection (c).
The proposed action shall become final and effective at the end of 30 days
from receipt by the registrant, or publication, of a notice issued under
paragraph (1), whichever occurs later, unless within that time either
(i) the registrant makes the necessary corrections, if possible, or (ii)
a request for a hearing is made by a person adversely affected by the notice.
In the event a hearing is held pursuant to such a request or to the Administrator's 
determination under paragraph (2), a decision pertaining to registration 
or classification issued after completion of such hearing shall be 
final. In taking any final action under this subsection, the 
Administrator shall consider restricting a pesticide's use or uses as an 
alternative to cancellation and shall fully explain the reasons for 
these restrictions, and shall include among those factors to be taken 
into account the impact of such final action on production and prices of 
agricultural commodities, retail food prices, and otherwise on the 
agricultural economy, and the Administrator shall publish in the Federal 
Register an analysis of such impact.

(c) Suspension.--
    (1) Order.--If the Administrator determines that action is necessary to 
prevent an imminent hazard during the time required for cancellation 
or change in classification proceedings, the Administrator may, by 
order, suspend the registration of the pesticide immediately. Except as provided
in paragraph (3), no order of suspension may be issued unless the Administrator
has issued, or at the same time issues, a notice of intention to cancel the
registration or change the classification of the pesticide under subsection (b).
Except as provided in paragraph (3), the Administrator shall notify the registrant
prior to issuing any suspension order. Such notice shall include findings pertaining to 
the question of "imminent hazard". The registrant shall then have an opportunity,
in accordance with the provisions of paragraph (2), for an expedited hearing before the
Administrator on the question of whether an imminent hazard exists.
    (2) Expedite Hearing.--If no request for a hearing is submitted to the
Administrator within five days of the registrant's receipt of the notification 
provided for by paragraph (1), the suspension order may be issued 
and shall take effect and shall not be reviewable by a court. If a 
hearing is requested, it shall commence within five days of the 
receipt of the request for such hearing unless the registrant and 
the Administrator agree that it shall commence at a later time. The 
hearing shall be held in accordance with the provisions of 
subchapter II of of title 5 of the United States Code, except that the presiding 
officer need not be a certified hearing examiner. The presiding officer shall
have ten days from the conclusion of the presentation of evidence to submit
recommended findings and conclusions to the Administrator, who shall then
have seven days to render a final order on the issue of suspension.
    (3) Emergency Order.--Whenever the Administrator determines that an emergency
exists that does not permit the Administrator to hold a hearing before suspending,
the Administrator may issue a suspension order in advance of notification to the
registrant.  The Administrator may issue an emergency order under this paragraph
before issuing a notice of intention to cancel the registration or change the
classification of the pesticide under subsection (b) and the Administrator
shall proceed to issue the notice under subsection (b) within 90 days of
issuing an emergency order.  If the Administrator does not issue a notice 
under subsection (b) within 90 days of issuing an emergency order, the emergency
order shall expire.  In the case of an emergency order, paragraph (2) shall 
apply except that (A) the order of the suspension shall be in effect pending the 
expeditious completion of the remedies provided by that paragraph and the
issuance of a final order on suspension, and (B) no party other than the 
registrant and the Administrator shall participate except that any person
adversely affected may file briefs within the time allotted by the Administrator's
rules.  Any person so filing briefs shall be considered a party to such proceeding
for the purposes of section 16(b).
    (4) Judicial Review.--A final order on the question of suspension following a hearing 
shall be reviewable in accordance with Section 16 of this Act, notwithstanding the fact
that any related cancellation proceedings have not been completed. Any order of suspension
entered prior to a hearing before the Administrator shall be subject to immediate 
review in an action by the registrant or other interested person with the concurrence of
the registrant in an appropriate district court, solely to determine whether the order of
suspension was arbitrary, capricious or an abuse of discretion, or whether the order was
issued in accordance with the procedures established by law. The effect of any order of
the court will be only to stay the effectiveness of the suspension order, pending the
Administrator's final decision with respect to cancellation or change in classification.
This action may be maintained simultaneously with any administrative review proceedings
under this section. The commencement of proceedings under this paragraph shall not operate
as a stay of order, unless ordered by the court.

(d) Public Hearings and Scientific Review.--In the event a hearing is requested pursuant
to subsection (b) or determined upon by the Administrator pursuant to subsection (b), such
hearing shall be held after due notice for the purpose of receiving evidence relevant and
material to the issues raised by the objections filed by the applicant or other interested
parties, or to the issues stated by the Administrator, if the hearing is called by the
Administrator rather than by the filing of objections. Upon a showing of relevance and
reasonable scope of evidence sought by any party to a public hearing, the Hearing Examiner
shall issue a subpena to compel testimony or production of documents from any person. The
Hearing Examiner shall be guided by the principles of the Federal Rules of Civil Procedure
in making any order for the protection of the witness or the content of documents produced
and shall order the payment of reasonable fees and expenses as a condition to requiring
testimony of the witness. On contest, the subpena may be enforced by an appropriate United
States district court in accordance with the principles stated herein. Upon the request of
any party to a public hearing and when in the Hearing Examiner's judgment it is necessary
or desirable, the Hearing Examiner shall at any time before the hearing record is closed
refer to a Committee of the National Academy of Sciences the relevant questions of
scientific fact involved in the public hearing. No member of any committee of the National
Academy of Sciences established to carry out the functions of this section shall have a
financial or other conflict of interest with respect to any matter considered by such
committee. The Committee of the National Academy of Sciences shall report in writing to
the Hearing Examiner within 60 days after such referral on these questions of scientific
fact. The report shall be made public and shall be considered as part of the hearing
record. The Administrator shall enter into appropriate arrangements with the National
Academy of Sciences to assure an objective and competent scientific review of the
questions presented to Committees of the Academy and to provide such other scientific
advisory services as may be required by the Administrator for carrying out the purposes of
this Act. As soon as practicable after completion of the hearing (including the report of
the Academy) but not later than 90 days thereafter, the Administrator shall evaluate the
data and reports before the Administrator and issue an order either revoking the
Administrator's notice of intention issued pursuant to this section, or shall issue an
order either canceling the registration, changing the classification, denying the
registration, or requiring modification of the labeling or packaging of the article.
Such order shall be based only on substantial evidence of record of such hearing and shall
set forth detailed findings of fact upon which the order is based.

(e) Conditional Registration.--
    (1) The Administrator shall issue a notice of intent to cancel a 
registration issued under section 3(c)(7) if (A) the 
Administrator, at any time during the period provided for satisfaction 
of any condition imposed, determines that the registrant has failed to 
initiate and pursue appropriate action toward fulfilling any condition 
imposed, or (B) at the end of the period provided for satisfaction of 
any condition imposed, that condition has not been met. The 
Administrator may permit the continued sale and use of existing stocks 
of a pesticide whose conditional registration has been canceled under 
this subsection to such extent, under such conditions, and for such uses 
as the Administrator may specify if the Administrator determines that 
such sale or use is not inconsistent with the purposes of this 
Act and will not have unreasonable adverse effects on the 
environment.
    (2) A cancellation proposed under this subsection shall become final 
and effective at the end of thirty days from receipt by the registrant 
of the notice of intent to cancel unless during that time a request for 
hearing is made by a person adversely affected by the notice. If a 
hearing is requested, a hearing shall be conducted under subsection (d) 
of this section. The only matters for resolution at that hearing shall 
be whether the registrant has initiated and pursued appropriate action 
to comply with the condition or conditions within the time provided or 
whether the condition or conditions have been satisfied within the time 
provided, and whether the Administrator's determination with respect to 
the disposition of existing stocks is consistent with this Act. A 
decision after completion of such hearing shall be final. 
Notwithstanding any other provision of this section, a hearing shall be 
held and a determination made within seventy-five days after receipt of 
a request for such hearing.

(f) General Provisions.--
    (1) Voluntary Cancellation.--
        (A) A registrant may, at any time, request that a pesticide 
    registration of the registrant be canceled or amended to terminate 
    one or more pesticide uses.
        (B) Before acting on a request under subparagraph (A), the 
    Administrator shall publish in the Federal Register a notice of the 
    receipt of the request and provide for a 30-day period in which the 
    public may comment.
        (C) In the case of a pesticide that is registered for a minor 
    agricultural use, if the Administrator determines that the 
    cancellation or termination of uses would adversely affect the 
    availability of the pesticide for use, the Administrator--
            (i) shall publish in the Federal Register a notice of the 
        receipt of the request and make reasonable efforts to inform 
        persons who so use the pesticide of the request; and
            (ii) may not approve or reject the request until the 
        termination of the 90-day period beginning on the date of 
        publication of the notice in the Federal Register, except that 
        the Administrator may waive the 90-day period upon the request 
        of the registrant or if the Administrator determines that the 
        continued use of the pesticide would pose an unreasonable 
        adverse effect on the environment.
        (D) Subject to paragraph (3)(B), after complying with this 
    paragraph, the Administrator may approve or deny the request.
    (2) Publication of Notice.--A notice of denial of registration, intent to cancel, 
suspension, or intent to suspend issued under this Act or a 
notice issued under subsection (c)(4) or (d)(5)(A) of section 4 shall be
published in the Federal Register and shall be sent by certified mail, return
receipt requested, to the registrant's or applicant's address of record on file
with the Administrator. If the mailed notice is returned to the Administrator 
as undeliverable at that address, if delivery is refused, or if the 
Administrator otherwise is unable to accomplish delivery of the 
notice to the registrant or applicant after making reasonable 
efforts to do so, the notice shall be deemed to have been received 
by the registrant or applicant on the date the notice was published 
in the Federal Register.
     (3) Transfer of Registration of Pesticides Registered for Minor Agricultural Uses.--
In the case of a pesticide that is registered for a minor agricultural use:
        (A) During the 180-day period referred to in paragraph 
    (1)(C)(ii), the registrant of the pesticide may notify the 
    Administrator of an agreement between the registrant and a 
    person or persons (including persons who so use the pesticide) 
    to transfer the registration of the pesticide, in lieu of 
    canceling or amending the registration to terminate the use.
        (B) An application for transfer of registration, in 
    conformance with any regulations the Administrator may adopt 
    with respect to the transfer of the pesticide registrations, 
    must be submitted to the Administrator within 30 days of the 
    date of notification provided pursuant to subparagraph (A). If 
    such an application is submitted, the Administrator shall 
    approve the transfer and shall not approve the request for 
    voluntary cancellation or amendment to terminate use unless the 
    Administrator determines that the continued use of the pesticide 
    would cause an unreasonable adverse effect on the environment.
        (C) If the Administrator approves the transfer and the 
    registrant transfers the registration of the pesticide, the 
    Administrator shall not cancel or amend the registration to 
    delete the use or rescind the transfer of the registration, 
    during the 180-day period beginning on the date of the approval 
    of the transfer unless the Administrator determines that the 
    continued use of the pesticide would cause an unreasonable 
    adverse effect on the environment.
        (D) The new registrant of the pesticide shall assume the 
    outstanding data and other requirements for the pesticide that 
    are pending at the time of the transfer.
    (4) Utilization of data for Voluntarily Canceled Pesticide.--When an
application is filed with the Administrator for the registration of a
pesticide for a minor use and another registrant subsequently voluntarily
cancels its registration for an identical or substantially similar pesticide
for an identical or substantially similar use, the Administrator shall process, 
review, and evaluate the pending application as if the voluntary cancellation had
not yet taken place except that the Administrator shall not take such action if
the Administrator determines that such minor use may cause an unreasonable adverse 
effect on the environment. In order to rely on this subsection, the applicant must
certify that it agrees to satisfy any outstanding data requirements necessary to
support the reregistration of the pesticide in accordance with the data submission
schedule established by the Administrator. 

(g) Notice for Stored Pesticides with Canceled or Suspended Registrations.--
    (1) In General.--Any producer or exporter of pesticides, registrant of a 
pesticide, applicant for registration of a pesticide, applicant for 
or holder of an experimental use permit, commercial applicator, or 
any person who distributes or sells any pesticide, who possesses any 
pesticide which has had its registration canceled or suspended under 
this section shall notify the Administrator and appropriate State 
and local officials of--
        (A) such possession,
        (B) the quantity of such pesticide such person possesses, and
        (C) the place at which such pesticide is stored.
    (2) Copies.--The Administrator shall transmit a copy of each notice submitted 
under this subsection to the regional office of the Environmental 
Protection Agency which has jurisdiction over the place of pesticide 
storage identified in the notice.

(h) Judicial Review.--Final orders of the Administrator under this section shall be 
subject to judicial review pursuant to section 16.
Sec. 7. [136e] Registration of Establishments.
(a) Requirement.--No person shall produce any pesticide subject to this Act
or active ingredient used in producing a pesticide subject to this 
Act in any State unless the establishment in which it is produced 
is registered with the Administrator. The application for registration 
of any establishment shall include the name and address of the 
establishment and of the producer who operates such establishment.

(b) Registration.--Whenever the Administrator receives an application under
subsection (a), the Administrator shall register the establishment 
and assign it an establishment number.

(c) Information Required.--
    (1) Any producer operating an establishment registered under 
this section shall inform the Administrator within 30 days after it 
is registered of the types and amounts of pesticides and, if 
applicable, active ingredients used in producing pesticides--
        (A) which the producer is currently producing;
        (B) which the producer has produced during the past year; and
        (C) which the producer has sold or distributed during the 
    past year.
The information required by this paragraph shall be kept current and 
submitted to the Administrator annually as required under such 
regulations as the Administrator may prescribe.
    (2) Any such producer shall, upon the request of the 
Administrator for the purpose of issuing a stop sale order pursuant 
to section 13, inform the Administrator of the name and address of
any recipient of any pesticide produced in any registered establishment
which the producer operates.

(d) Confidential Records and Information.--Any information submitted to the
Administrator pursuant to subsection (c) other than the names of the pesticides or 
active ingredients used in producing pesticides produced, sold, or distributed at
an establishment shall be considered confidential and shall be subject to the
provisions of section 10.
Sec. 8. [136f] Books and Records.
(a) Requirements.--The Administrator may prescribe regulations requiring producers, 
registrants, and applicants for registration to maintain such records 
with respect to their operations and the pesticides and devices produced 
as the Administrator determines are necessary for the effective 
enforcement of this Act and to make the records available for 
inspection and copying in the same manner as provided in subsection (b). No
records required under this subsection shall extend to financial data, sales
data other than shipment data, pricing data, personnel data, and research
data (other than data relating to registered pesticides or to a pesticide
for which an application for registration has been filed).

(b) Inspection.--For the purposes of enforcing the provisions of this Act, any 
producer, distributor, carrier, dealer, or any other person who sells or 
offers for sale, delivers or offers for delivery any pesticide or device 
subject to this Act, shall, upon request of any officer or 
employee of the Environmental Protection Agency or of any State or 
political subdivision, duly designated by the Administrator, furnish or 
permit such person at all reasonable times to have access to, and to 
copy: (1) all records showing the delivery, movement, or holding of such 
pesticide or device, including the quantity, the date of shipment and 
receipt, and the name of the consignor and consignee; or (2) in the 
event of the inability of any person to produce records containing such 
information, all other records and information relating to such 
delivery, movement, or holding of the pesticide or device. Any 
inspection with respect to any records and information referred to in 
this subsection shall not extend to financial data, sales data other 
than shipment data, pricing data, personnel data; and research data 
(other than data relating to registered pesticides or to a pesticide for 
which an application for registration has been filed). Before 
undertaking an inspection under this subsection, the officer or employee 
must present to the owner, operator, or agent in charge of the 
establishment or other place where pesticides or devices are held for 
distribution or sale, appropriate credentials and a written statement as 
to the reason for the inspection, including a statement as to whether a 
violation of the law is suspected. If no violation is suspected, an 
alternate and sufficient reason shall be given in writing. Each such 
inspection shall be commenced and completed with reasonable promptness.
Sec. 9. [136g] Inspection of Establishments, Etc.
(a) In General.--
    (1) For purposes of enforcing the provisions of this Act, 
officers or employees of the Environmental Protection Agency or of any 
State duly designated by the Administrator are authorized to enter at 
reasonable times (A) any establishment or other place where pesticides 
or devices are held for distribution or sale for the purpose of 
inspecting and obtaining samples of any pesticides or devices, packaged, 
labeled, and released for shipment, and samples of any containers or 
labeling for such pesticides or devices, or (B) any place where there is 
being held any pesticide the registration of which has been suspended or 
canceled for the purpose of determining compliance with section 19.
    (2) Before undertaking such inspection, the officers or employees 
must present to the owner, operator, or agent in charge of the 
establishment or other place where pesticides or devices are held for 
distribution or sale, appropriate credentials and a written statement as 
to the reason for the inspection, including a statement as to whether a 
violation of the law is suspected. If no violation is suspected, an 
alternate and sufficient reason shall be given in writing. Each such 
inspection shall be commenced and completed with reasonable promptness. 
If the officer or employee obtains any samples, prior to leaving the 
premises, the officer or employee shall give to the owner, operator, or 
agent in charge a receipt describing the samples obtained and, if 
requested, a portion of each such sample equal in volume or weight to 
the portion retained. If an analysis is made of such samples, a copy of 
the results of such analysis shall be furnished promptly to the owner, 
operator, or agent in charge.

(b) Warrants.--For purposes of enforcing the provisions of this Act and
upon a showing to an officer or court of competent jurisdiction that there is 
reason to believe that the provisions of this Act have been 
violated, officers or employees duly designated by the Administrator are 
empowered to obtain and to execute warrants authorizing--
    (1) entry, inspection, and copying of records for purposes of 
this section or section 8;
    (2) inspection and reproduction of all records showing the 
quantity, date of shipment, and the name of consignor and consignee 
of any pesticide or device found in the establishment which is 
adulterated, misbranded, not registered (in the case of a pesticide) 
or otherwise in violation of this Act and in the event of the 
inability of any person to produce records containing such 
information, all other records and information relating to such 
delivery, movement, or holding of the pesticide or device; and
    (3) the seizure of any pesticide or device which is in violation 
of this Act.

(c) Enforcement.--
    (1) Certification of Facts to Attorney General.--The examination of
pesticides or devices shall be made in the Environmental Protection Agency or
elsewhere as the Administrator may designate for the purpose of determining
from such examinations whether they comply with the requirements of this Act. If it 
shall appear from any such examination that they fail to comply with 
the requirements of this Act, the Administrator shall cause notice to be
given to the person against whom criminal or civil proceedings are contemplated.
Any person so notified shall be given an opportunity to present the person's
views, either orally or in writing, with regard to such contemplated proceedings,
and if in the opinion of the Administrator it appears that the provisions of this 
Act have been violated by such person, then the Administrator shall certify the
facts to the Attorney General, with a copy of the results of the analysis or the
examination of such pesticide for the institution of a criminal proceeding
pursuant to section 14(b) or a civil proceeding under section 14(a), when the
Administrator determines that such action will be sufficient to effectuate the
purposes of this Act.
    (2) Notice Not Required.--The notice of contemplated proceedings and
opportunity to present views set forth in this subsection are not prerequisites
to the institution of any proceeding by the Attorney General.
    (3) Warning Notices.--Nothing in this Act shall be construed as requiring the 
Administrator to institute proceedings for prosecution of minor 
violations of this Act whenever the Administrator believes 
that the public interest will be adequately served by a suitable 
written notice of warning.
Sec. 10. [136h] Protection of Trade Secrets and Other Information.
(a) In General.--In submitting data required by this Act, the applicant may 
(1) clearly mark any portions thereof which in the applicant's opinion 
are trade secrets or commercial or financial information and (2) submit 
such market material separately from other material required to be 
submitted under this Act.

(b) Disclosure.--Notwithstanding any other provision of this Act and subject 
to the limitations in subsections (d) and (e) of this section, the 
Administrator shall not make public information which in the 
Administrator's judgment contains or relates to trade secrets or 
commercial or financial information obtained from a person and 
privileged or confidential, except that, when necessary to carry out the 
provisions of this Act, information relating to formulas of 
products acquired by authorization of this Act may be revealed to 
any Federal agency consulted and may be revealed at a public hearing or 
in findings of fact issued by the Administrator.

(c) Disputes.--If the Administrator proposes to release for inspection information 
which the applicant or registrant believes to be protected from 
disclosure under subsection (b), the Administrator shall 
notify the applicant or registrant, in writing, by certified mail. The 
Administrator shall not thereafter make available for inspection such 
data until thirty days after receipt of the notice by the applicant or 
registrant. During this period, the applicant or registrant may 
institute an action in an appropriate district court for a declaratory 
judgment as to whether such information is subject to protection under 
subsection (b).

(d) Limitations.--
    (1) All information concerning the objectives, methodology, results, 
or significance of any test or experiment performed on or with a 
registered or previously registered pesticide or its separate 
ingredients, impurities, or degradation products, and any information 
concerning the effects of such pesticide on any organism or the behavior 
of such pesticide in the environment, including, but not limited to, 
data on safety to fish and wildlife, humans and other mammals, plants, 
animals, and soil, and studies on persistence, translocation and fate in 
the environment, and metabolism, shall be available for disclosure to 
the public. The use of such data for any registration purpose shall be 
governed by section 3 of this Act. This paragraph does not 
authorize the disclosure of any information that--
        (A) discloses manufacturing or quality control processes,
        (B) discloses the details of any methods for testing, detecting, 
    or measuring the quantity of any deliberately added inert ingredient 
    of a pesticide, or
        (C) discloses the identity or percentage quantity of any 
    deliberately added inert ingredient of a pesticide,

unless the Administrator has first determined that disclosure is 
necessary to protect against an unreasonable risk of injury to health or 
the environment.
    (2) Information concerning production, distribution, sale, or 
inventories of a pesticide that is otherwise entitled to confidential 
treatment under subsection (b) of this section may be publicly disclosed 
in connection with a public proceeding to determine whether a pesticide, 
or any ingredient of a pesticide, causes unreasonable adverse effects on 
health or the environment, if the Administrator determines that such 
disclosure is necessary in the public interest.
    (3) If the Administrator proposes to disclose information described 
in clause (A), (B), or (C) of paragraph (1) or in paragraph (2) of this 
subsection, the Administrator shall notify by certified mail the 
submitter of such information of the intent to release such information. 
The Administrator may not release such information, without the 
submitter's consent, until thirty days after the submitter has been 
furnished such notice. Where the Administrator finds that disclosure of 
information described in clause (A), (B), or (C) of paragraph (1) of 
this subsection is necessary to avoid or lessen an imminent and 
substantial risk of injury to the public health, the Administrator may 
set such shorter period of notice (but not less than ten days) and such 
method of notice as the Administrator finds appropriate. During such 
period the data submitter may institute an action in an appropriate 
district court to enjoin or limit the proposed disclosure. The court may 
enjoin disclosure, or limit the disclosure or the parties to whom 
disclosure shall be made, to the extent that--
        (A) in the case of information described in clause (A), (B), or 
    (C) of paragraph (1) of this subsection, the proposed disclosure is 
    not required to protect against an unreasonable risk of injury to 
    health or the environment; or
        (B) in the case of information described in paragraph (2) of 
    this subsection, the public interest in availability of the 
    information in the public proceeding does not outweigh the interests 
    in preserving the confidentiality of the information.

(e) Disclosure to Contractors..--Information otherwise protected from disclosure
to the public under subsection (b) of this section may be disclosed to contractors
with the United States and employees of such contractors if, in the opinion of 
the Administrator, such disclosure is necessary for the satisfactory 
performance by the contractor of a contract with the United States for 
the performance of work in connection with this Act and under 
such conditions as the Administrator may specify. The Administrator 
shall require as a condition to the disclosure of information under this 
subsection that the person receiving it take such security precautions 
respecting the information as the Administrator shall by regulation 
prescribe.

(f) Penalty for Disclosure by Federal Employees.--
    (1) Any officer or employee of the United States or former officer 
or employee of the United States who, by virtue of such employment or 
official position, has obtained possession of, or has access to, 
material the disclosure of which is prohibited by subsection (b) of this 
section, and who, knowing that disclosure of such material is prohibited 
by such subsection, willfully discloses the material in any manner to 
any person not entitled to receive it, shall be fined not more than 
$10,000 or imprisoned for not more than one year, or both. Section 1905 
of title 18 of the United States Code shall not apply with respect to the
publishing, divulging, disclosure, or making known of, or making available,
information reported or otherwise obtained under this Act. Nothing in
this Act shall preempt any civil remedy under State or Federal law for 
wrongful disclosure of trade secrets.
    (2) For the purposes of this section, any contractor with the United 
States who is furnished information as authorized by subsection (e) of 
this section, or any employee of any such contractor, shall be 
considered to be an employee of the United States.

(g) Disclosure to Foreign and Multinational Pesticide Producers.--
    (1) The Administrator shall not knowingly disclose information 
submitted by an applicant or registrant under this Act to any 
employee or agent of any business or other entity engaged in the 
production, sale, or distribution of pesticides in countries other than 
the United States or in addition to the United States or to any other 
person who intends to deliver such data to such foreign or multinational 
business or entity unless the applicant or registrant has consented to 
such disclosure. The Administrator shall require an affirmation from any 
person who intends to inspect data that such person does not seek access 
to the data for purposes of delivering it or offering it for sale to any 
such business or entity or its agents or employees and will not 
purposefully deliver or negligently cause the data to be delivered to 
such business or entity or its agents or employees. Notwithstanding any 
other provision of this subsection, the Administrator may disclose 
information to any person in connection with a public proceeding under 
law or regulation, subject to restrictions on the availability of 
information contained elsewhere in this Act, which information is 
relevant to a determination by the Administrator with respect to whether 
a pesticide, or any ingredient of a pesticide, causes unreasonable 
adverse effects on health or the environment.
    (2) The Administrator shall maintain records of the names of persons 
to whom data are disclosed under this subsection and the persons or 
organizations they represent and shall inform the applicant or 
registrant of the names and affiliations of such persons.
    (3) Section 1001 of title 18 of the United States Code shall apply to
any affirmation made under paragraph (1) of this subsection.
Sec. 11. [136i] Use of Restricted Use Pesticides; Applicators.
(a) Certification Procedure.--
    (1) Federal Certification.--In any State for which a State plan for applicator
certification has not been approved by the Administrator, the Administrator, in 
consultation with the Governor of such State, shall conduct a 
program for the certification of applicators of pesticides. Such 
program shall conform to the requirements imposed upon the States 
under the provisions of subsection (a)(2) of this section and shall 
not require private applicators to take any examination to establish 
competency in the use of pesticides. Prior to the implementation of 
the program, the Administrator shall publish in the Federal Register 
for review and comment a summary of the Federal plan for applicator 
certification and shall make generally available within the State 
copies of the plan. The Administrator shall hold public hearings at 
one or more locations within the State if so requested by the 
Governor of such State during the thirty days following publication 
of the Federal Register notice inviting comment on the Federal plan. 
The hearings shall be held within thirty days following receipt of 
the request from the Governor. In any State in which the 
Administrator conducts a certification program, the Administrator 
may require any person engaging in the commercial application, sale, 
offering for sale, holding for sale, or distribution of any 
pesticide one or more uses of which have been classified for 
restricted use to maintain such records and submit such reports 
concerning the commercial application, sale, or distribution of such 
pesticide as the Administrator may by regulation prescribe. Subject 
to paragraph (2), the Administrator shall prescribe standards for 
the certification of applicators of pesticides. Such standards shall 
provide that to be certified, an individual must be determined to be 
competent with respect to the use and handling of the pesticides, or 
to the use and handling of the pesticide or class of pesticides 
covered by such individual's certification. The certification 
standard for a private applicator shall, under a State plan 
submitted for approval, be deemed fulfilled by the applicator 
completing a certification form. The Administrator shall further 
assure that such form contains adequate information and affirmations 
to carry out the intent of this Act, and may include in the 
form an affirmation that the private applicator has completed a 
training program approved by the Administrator so long as the 
program does not require the private applicator to take, pursuant to 
a requirement prescribed by the Administrator, any examination to 
establish competency in the use of the pesticide. The Administrator 
may require any pesticide dealer participating in a certification 
program to be licensed under a State licensing program approved by 
the Administrator.
    (2) State Certification.--If any State, at any time, desires to certify
applicators of pesticides, the Governor of such State shall submit a State
plan for such purpose. The Administrator shall approve the plan submitted by 
any State, or any modification thereof, if such plan in the Administrator's judgment--
        (A) designates a State agency as the agency responsible for 
    administering the plan throughout the State;
        (B) contains satisfactory assurances that such agency has or 
    will have the legal authority and qualified personnel necessary 
    to carry out the plan;
        (C) gives satisfactory assurances that the State will devote 
    adequate funds to the administration of the plan;
        (D) provides that the State agency will make such reports to 
    the Administrator in such form and containing such information 
    as the Administrator may from time to time require; and
        (E) contains satisfactory assurances that State standards 
    for the certification of applicators of pesticides conform with 
    those standards prescribed by the Administrator under paragraph 
    (1).

Any State certification program under this section shall be 
maintained in accordance with the State plan approved under this 
section.

(b) State Plans.--If the Administrator rejects a plan submitted under
subsection (a)(2), the Administrator shall afford the State 
submitting the plan due notice and opportunity for hearing before so 
doing. If the Administrator approves a plan submitted under subsection 
(a)(2), then such State shall certify applicators of pesticides with
respect to such State. Whenever the Administrator determines that a
State is not administering the certification program in accordance with
the plan approved under this section, the Administrator shall so notify
the State and provide for a hearing at the request of the State, and,
if appropriate corrective action is not taken within a reasonable time,
not to exceed ninety days, the Administrator shall withdraw approval of such plan.

(c) Instruction in Integrated Pest Management Techniques.--Standards prescribed by
the Administrator for the certification of applicators of pesticides under subsection
(a), and State plans submitted to the Administrator under subsection (a), shall
include provisions for making instructional materials concerning integrated pest
management techniques available to individuals at their request in accordance with
the provisions of section 23(c) of this Act, but such plans may not require that any 
individual receive instruction concerning such techniques or to be shown 
to be competent with respect to the use of such techniques. The 
Administrator and States implementing such plans shall provide that all 
interested individuals are notified on the availability of such 
instructional materials.

(d) In General.--No regulations prescribed by the Administrator for carrying out the 
provisions of this Act shall require any private applicator to maintain any
records or file any reports or other documents.

(e) Separate Standards.--When establishing or approving standards for licensing
or certification, the Administrator shall establish separate standards for 
commercial and private applicators.
Sec. 12. [136j] Unlawful Acts.
(a) In General.--
    (1)  Except as provided by subsection (b) of this section, it shall be unlawful for
any person in any State to distribute or sell to any person--
        (A) any pesticide that is not registered under section 3 or whose registration
    has been canceled or suspended, except to the extent that distribution or sale
    otherwise has been authorized by the Administrator under this Act; 
        (B) any registered pesticide if any claims made for it as a part of its
    distribution or sale substantially differ from any claims made for it as a part of
    the statement required in connection with its registration under section 3; 
        (C) any registered pesticide the composition of which differs at the time of its
    distribution or sale from its composition as described in the statement required in
    connection with its registration under section 3; 
        (D) any pesticide which has not been colored or discolored pursuant to the
    provisions of section 25(c)(5); 
        (E) any pesticide which is adulterated or misbranded; or 
        (F) any device which is misbranded. 
    (2) It shall be unlawful for any person - 
        (A) to detach, alter, deface, or destroy, in whole or in part, any labeling
    required under this Act; 
        (B) to refuse to - 
            (i) prepare, maintain, or submit any records required by or under section 5,
        7, 8, 11, or 19; 
            (ii) submit any reports required by or under section 5,6, 7, 8, 11 or 19; or 
            (iii) allow any entry, inspection, copying of records, or sampling authorized
        by this Act; 
        (C) to give a guaranty or undertaking provided for in subsection (b) which is
    false in any particular, except that a person who receives and relies upon a guaranty 
    authorized under subsection (b) may give a guaranty to the same effect,
    which guaranty shall contain, in addition to the person's own name and address, the
    name and address of the person residing in the United States from whom the person
    received the guaranty or undertaking;
        (D) to use for the person's own advantage or to reveal, other 
    than to the Administrator, or officials or employees of the 
    Environmental Protection Agency or other Federal executive 
    agencies, or to the courts, or to physicians, pharmacists, and 
    other qualified persons, needing such information for the 
    performance of their duties, in accordance with such directions 
    as the Administrator may prescribe, any information acquired by 
    authority of this Act which is confidential under this Act; 
        (E) who is a registrant, wholesaler, dealer, retailer, or other 
    distributor to advertise a product registered under this 
    Act for restricted use without giving the classification 
    of the product assigned to it under section 3; 
        (F) to distribute or sell, or to make available for use, or to 
    use, any registered pesticide classified for restricted use for 
    some or all purposes other than in accordance with section 
    3(d) and any regulations thereunder, except that it shall not be unlawful
    to sell, under regulations issued by the Administrator, a restricted use
    pesticide to a person who is not a certified applicator for application by
    a certified applicator; 
        (G) to use any registered pesticide in a manner inconsistent with its labeling; 
        (H) to use any pesticide which is under an experimental use permit contrary
    to the provisions of such permit; 
        (I) to violate any order issued under section 13; 
        (J) to violate any suspension order issued under section 3(c)(2)(B), 4, or 6; 
        (K) to violate any cancellation order issued under this Act or to fail to
    submit a notice in accordance with section 6(g); 
        (L) who is a producer to violate any of the provisions of section 7; 
        (M) to knowingly falsify all or part of any application for registration,
    application for experimental use permit, any information submitted to the
    Administrator pursuant to section 7, any records required to be maintained 
    pursuant to this Act, any report filed under this Act, or any information
    marked as confidential and submitted to the Administrator under any provision
    of this Act; 
        (N) who is a registrant, wholesaler, dealer, retailer, or other distributor
    to fail to file reports required by this Act; 
        (O) to add any substance to, or take any substance from, any pesticide in
    a manner that may defeat the purpose of this Act; 
        (P) to use any pesticide in tests on human beings unless such human beings
    (i) are fully informed of the nature and purposes of the test and of any physical
    and mental health consequences which are reasonably foreseeable therefrom, and
    (ii) freely volunteer to participate in the test; 
        (Q) to falsify all or part of any information relating to the testing of
    any pesticide (or any ingredient, metabolite, or degradation product thereof),
    including the nature of any protocol, procedure, substance, organism, or equipment
    used, observation made, or conclusion or opinion formed, submitted to the
    Administrator, or that the person knows will be furnished to the Administrator or
    will become a part of any records required to be maintained by this Act; 
        (R) to submit to the Administrator data known to be false in support of a
    registration; or 
        (S) to violate any regulation issued under section 3(a) or 19. 
      
(b) Exemptions.--The penalties provided for a violation of paragraph (1) of 
subsection (a) shall not apply to--
    (1) any person who establishes a guaranty signed by, and 
containing the name and address of, the registrant or person 
residing in the United States from whom the person purchased or 
received in good faith the pesticide in the same unbroken package, 
to the effect that the pesticide was lawfully registered at the time 
of sale and delivery to the person, and that it complies with the 
other requirements of this Act, and in such case the 
guarantor shall be subject to the penalties which would otherwise 
attach to the person holding the guaranty under the provisions of 
this Act;
    (2) any carrier while lawfully shipping, transporting, or 
delivering for shipment any pesticide or device, if such carrier 
upon request of any officer or employee duly designated by the 
Administrator shall permit such officer or employee to copy all of 
its records concerning such pesticide or device;
    (3) any public official while engaged in the performance of the 
official duties of the public official;
    (4) any person using or possessing any pesticide as provided by 
an experimental use permit in effect with respect to such pesticide 
and such use or possession; or
    (5) any person who ships a substance or mixture of substances 
being put through tests in which the purpose is only to determine 
its value for pesticide purposes or to determine its toxicity or 
other properties and from which the user does not expect to receive 
any benefit in pest control from its use.
Sec. 13. [136k] Stop Sale, Use, Removal, and Seizure.
(a) Stop Sale, Etc., Orders.--Whenever any pesticide or device is found by the
Administrator in any State and there is reason to believe on the basis of
inspection or tests that such pesticide or device is in violation of any of the 
provisions of this Act, or that such pesticide or device has been 
or is intended to be distributed or sold in violation of any such 
provisions, or when the registration of the pesticide has been canceled 
by a final order or has been suspended, the Administrator may issue a 
written or printed "stop sale, use, or removal" order to any person 
who owns, controls, or has custody of such pesticide or device, and 
after receipt of such order no person shall sell, use, or remove the 
pesticide or device described in the order except in accordance with the 
provisions of the order.

(b) Seizure.--Any pesticide or device that is being transported or, having been 
transported, remains unsold or in original unbroken packages, or that is 
sold or offered for sale in any State, or that is imported from a 
foreign country, shall be liable to be proceeded against in any district 
court in the district where it is found and seized for confiscation by a 
process in rem for condemnation if--
    (1) in the case of a pesticide--
        (A) it is adulterated or misbranded;
        (B) it is not registered pursuant to the provisions of 
    section 3;
        (C) its labeling fails to bear the information required by 
    this Act;
        (D) it is not colored or discolored and such coloring or 
    discoloring is required under this Act; or
        (E) any of the claims made for it or any of the directions 
    for its use differ in substance from the representations made in 
    connection with its registration;
    (2) in the case of a device, it is misbranded; or
    (3) in the case of a pesticide or device, when used in 
accordance with the requirements imposed under this Act and 
as directed by the labeling, it nevertheless causes unreasonable 
adverse effects on the environment.

In the case of a plant regulator, defoliant, or desiccant, used in 
accordance with the label claims and recommendations, physical or 
physiological effects on plants or parts thereof shall not be deemed to 
be injury, when such effects are the purpose for which the plant 
regulator, defoliant, or desiccant was applied.

(c) Disposition after Condemnation.--If the pesticide or device is condemned it shall,
after entry of the decree, be disposed of by destruction or sale as the court may
direct and the proceeds, if sold, less the court costs, shall be paid into the 
Treasury of the United States, but the pesticide or device shall not be 
sold contrary to the provisions of this Act or the laws of the 
jurisdiction in which it is sold. On payment of the costs of the 
condemnation proceedings and the execution and delivery of a good and 
sufficient bond conditioned that the pesticide or device shall not be 
sold or otherwise disposed of contrary to the provisions of the 
Act or the laws of any jurisdiction in which sold, the court may 
direct that such pesticide or device be delivered to the owner thereof. 
The proceedings of such condemnation cases shall conform, as near as may 
be to the proceedings in admiralty, except that either party may demand 
trial by jury of any issue of fact joined in any case, and all such 
proceedings shall be at the suit of and in the name of the United 
States.

(d) Court Costs, Etc.--When a decree of condemnation is entered against the
pesticide or device, court costs and fees, storage, and other proper expenses
shall be awarded against the person, if any, intervening as claimant of the 
pesticide or device.
Sec. 14. [136l] Penalties.
(a) Civil Penalties.
    (1) In General.--Any registrant, commercial applicator, wholesaler, dealer, 
retailer, or other distributor who violates any provision of this 
Act may be assessed a civil penalty by the Administrator of not more than
$5,000 for each offense.
    (2) Private Applicator.--Any private applicator or other person not included in
paragraph (1) who violates any provision of this Act subsequent to 
receiving a written warning from the Administrator or following a 
citation for a prior violation, may be assessed a civil penalty by 
the Administrator of not more than $1,000 for each offense, except 
that any applicator not included under paragraph (1) of this 
subsection who holds or applies registered pesticides, or uses 
dilutions of registered pesticides, only to provide a service of 
controlling pests without delivering any unapplied pesticide to any 
person so served, and who violates any provision of this Act 
may be assessed a civil penalty by the Administrator of not more 
than $500 for the first offense nor more than $1,000 for each 
subsequent offense.
    (3) Hearing.--No civil penalty shall be assessed unless the person charged 
shall have been given notice and opportunity for a hearing on such 
charge in the county, parish, or incorporated city of the residence 
of the person charged.
    (4) Determination of Penalty.--In determining the amount of the penalty,
the Administrator shall consider the appropriateness of such penalty to the
size of the business of the person charged, the effect on the person's 
ability to continue in business, and the gravity of the violation. 
Whenever the Administrator finds that the violation occurred despite 
the exercise of due care or did not cause significant harm to health 
or the environment, the Administrator may issue a warning in lieu of 
assessing a penalty.
    (5) References to Attorney General.--In case of inability to collect such civil
penalty or failure of any person to pay all, or such portion of such civil penalty
as the Administrator may determine, the Administrator shall refer the matter to
the Attorney General, who shall recover such amount by action in the appropriate
United States district court.

(b) Criminal Penalties.--
    (1) In General.--
        (A) Any registrant, applicant for a registration, or producer 
    who knowingly violates any provision of this Act shall be 
    fined not more than $50,000 or imprisoned for not more than 1 year, 
    or both.
        (B) Any commercial applicator of a restricted use pesticide, or 
    any other person not described in subparagraph (A) who distributes 
    or sells pesticides or devices, who knowingly violates any provision 
    of this Act shall be fined not more than $25,000 or 
    imprisoned for not more than 1 year, or both.
    (2) Private Applicator.--Any private applicator or other person not included
in paragraph (1) who knowingly violates any provision of this Act shall be 
guilty of a misdemeanor and shall on conviction be fined not more than $1,000, or
imprisoned for not more than 30 days, or both.
    (3) Disclosure of Information.--Any person, who, with intent to defraud, uses
or reveals information relative to formulas of products acquired under the 
authority of section 136a of this title, shall be fined not more 
than $10,000, or imprisoned for not more than three years, or both.
    (4) Acts of Officers, Agents, Etc.--When construing and enforcing the provisions
of this Act, the act, omission, or failure of any officer, agent, or other person 
acting for or employed by any person shall in every case be also deemed to be the
act, omission, or failure of such person as well as that of the person employed.
Sec. 15. [136m] Indemnities.
(a) General Indemnification.
    (1) In General.--Except as otherwise provided in this section, if--
        (A) the Administrator notifies a registrant under section 
    6(c)(1) that the Administrator intends to suspend a registration
    or that an emergency order of suspension of a registration under
    section 6(c)(3) has been issued;
        (B) the registration in question is suspended under section 
    6(c), and thereafter is canceled under section 6(b), 6(d), or 6(f); and
       (C) any person who owned any quantity of the pesticide 
    immediately before the notice to the registrant under 
    subparagraph (A) suffered losses by reason of suspension or 
    cancellation of the registration;

the Administrator shall make an indemnity payment to the person.
    (2) Exception.--Paragraph (1) shall not apply if the Administrator finds that 
the person--
        (A) had knowledge of facts that, in themselves, would have 
    shown that the pesticide did not meet the requirements of 
    section 3(c)(5) for registration; and
        (B) continued thereafter to produce the pesticide without 
    giving timely notice of such facts to the Administrator.
    (3) Report.--If the Administrator takes an action under paragraph (1)
that requires the payment of indemnification, the Administrator shall 
report to the Committee on Agriculture of the House of Representatives,
the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the
Committees on Appropriations of the House of Representatives and the Senate on--
        (A) the action taken that requires the payment of indemnification;
        (B) the reasons for taking the action;
        (C) the estimated cost of the payment; and
        (D) a request for the appropriation of funds for the payment.
    (4) Appropriation.--The Administrator may not make a payment of indemnification 
under paragraph (1) unless a specific line item appropriation of funds has been made
in advance for the payment.

(b) Indemnification of End Users, Dealers, and Distributors.--
    (1) End Users.--If--
        (A) the Administrator notifies a registrant under section 
    6(c)(1) that the Administrator intends to suspend a registration
   or that an emergency order of suspension of a registration under
   section 6(c)(3) has been issued;
        (B) the registration in question is suspended under section 
    6(c), and thereafter is canceled under section 6(b), 6(d), or 6(f); and
        (C) any person who, immediately before the notice to the 
    registrant under subparagraph (A), owned any quantity of the 
    pesticide for purposes of applying or using the pesticide as an 
    end user, rather than for purposes of distributing or selling it 
    or further processing it for distribution or sale, suffered a 
    loss by reason of the suspension or cancellation of the 
    pesticide;

the person shall be entitled to an indemnity payment under this 
subsection for such quantity of the pesticide.
    (2) Dealers and Distributors.--
        (A) Any registrant, wholesaler, dealer, or other distributor 
    (hereinafter in this paragraph referred to as a "seller") of a 
    registered pesticide who distributes or sells the pesticide directly 
    to any person not described as an end user in paragraph (1)(C) 
    shall, with respect to any quantity of the pesticide that such 
    person cannot use or resell as a result of the suspension or 
    cancellation of the pesticide, reimburse such person for the cost of 
    first acquiring the pesticide from the seller (other than the cost 
    of transportation, if any), unless the seller provided to the person 
    at the time of distribution or sale a notice, in writing, that the 
    pesticide is not subject to reimbursement by the seller.
        (B) If--
            (i) the Administrator notifies a registrant under section 
        6(c)(1) that the Administrator intends to suspend a registration
        or that an emergency order of suspension of a registration under
        section 6(c)(3) has been issued;
            (ii) the registration in question is suspended under section 
        6(c), and thereafter is canceled under section 6(b), 6(d), or 6(f);
            (iii) any person who, immediately before the notice to the 
        registrant under clause (i)--
                (I) had not been notified in writing by the seller, as 
            provided under subparagraph (A), that any quantity of the 
            pesticide owned by such person is not subject to 
            reimbursement by the seller in the event of suspension or 
            cancellation of the pesticide; and
                (II) owned any quantity of the pesticide for purposes 
            of--
                    (aa) distributing or selling it; or
                    (bb) further processing it for distribution or sale 
                directly to an end user;

        suffered a loss by reason of the suspension or cancellation of 
        the pesticide; and
            (iv) the Administrator determines on the basis of a claim of 
        loss submitted to the Administrator by the person, that the 
        seller--
                (I) did not provide the notice specified in subparagraph 
            (A) to such person; and
                (II) is and will continue to be unable to provide 
            reimbursement to such person, as provided under subparagraph 
            (A), for the loss referred to in clause (iii), as a result 
            of the insolvency or bankruptcy of the seller and the 
            seller's resulting inability to provide such reimbursement;

    the person shall be entitled to an indemnity payment under this 
    subsection for such quantity of the pesticide.
        (C) If an indemnity payment is made by the United States under 
    this paragraph, the United States shall be subrogated to any right 
    that would otherwise be held under this paragraph by a seller who is 
    unable to make a reimbursement in accordance with this paragraph 
    with regard to reimbursements that otherwise would have been made by 
    the seller.
    (3) Source.--Any payment required to be made under paragraph (1) or (2)
shall be made from the appropriation provided under section 1304 of title 31,
United States Code.
    (4) Administrative Settlement.--An administrative settlement of a claim
for such indemnity may be made in accordance with the third paragraph of
section 2414 of title 28, United States Code, and shall be regarded as if it
were made under that section for purposes of section 1304 of title 31, United
States Code.

(c) Amount of Payment.--
    (1) In General.--The amount of an indemnity payment under subsection (a)
or (b) of this section to any person shall be determined on the basis of 
the cost of the pesticide owned by the person (other than the cost 
of transportation, if any) immediately before the issuance of the 
notice to the registrant referred to in subsection (a)(1)(A), 
(b)(1)(A), or (b)(2)(B)(i), except that in no event shall an indemnity
payment to any person exceed the fair market value of the pesticide owned
by the person immediately before the issuance of the notice.
    (2) Special Rule.--Notwithstanding any other provision of this Act, the 
Administrator may provide a reasonable time for use or other 
disposal of the pesticide. In determining the quantity of any 
pesticide for which indemnity shall be paid under this section, 
proper adjustment shall be made for any pesticide used or otherwise 
disposed of by the owner.
Sec. 16. [136n] Administrative Procedure; Judicial Review.
(a) District Court Review.--Except as otherwise provided in this Act,
the refusal of the Administrator to cancel or suspend a registration or
to change a classification not following a hearing and other final actions
of the Administrator not committed to the discretion of the Administrator by 
law are judicially reviewable by the district courts of the United States.

(b) Review by Court of Appeals.--In the case of actual controversy as to the
validity of any order issued by the Administrator following a public hearing,
any person who will be adversely affected by such order and who had been a party
to the proceedings may obtain judicial review by filing in the United States 
court of appeals for the circuit wherein such person resides or has a 
place of business, within 60 days after the entry of such order, a 
petition praying that the order be set aside in whole or in part. A copy 
of the petition shall be forthwith transmitted by the clerk of the court 
to the Administrator or any officer designated by the Administrator for 
that purpose, and thereupon the Administrator shall file in the court 
the record of the proceedings on which the Administrator based the 
Administrator's order, as provided in section 2112 of title 28, United States
Code. Upon the filing of such petition the court shall have exclusive jurisdiction
to affirm or set aside the order complained of in whole or in part. The 
court shall consider all evidence of record. The order of the 
Administrator shall be sustained if it is supported by substantial 
evidence when considered on the record as a whole. The judgment of the 
court affirming or setting aside, in whole or in part, any order under 
this section shall be final, subject to review by the Supreme Court of 
the United States upon certiorari or certification as provided in 
section 1254 of title 28, United States Code. The commencement of proceedings
under this section shall not, unless specifically ordered by the court to the 
contrary, operate as a stay of an order.

(c) Jurisdiction of District Courts.--The district courts of the United States
are vested with jurisdiction specifically to enforce, and to prevent and restrain 
violations of, this act.

(d) Notice of Judgments.--The Administrator shall, by publication in such manner
as the Administrator may prescribe, give notice of all judgments entered in 
actions instituted under the authority of this Act.
Sec. 17. [136o] Imports and Exports.
(a) Pesticides and Devices Intended for Export.--Notwithstanding any other provision
of this Act, no pesticide or device or active ingredient used in producing a pesticide
intended solely for export to any foreign country shall be deemed in violation of 
this Act--
    (1) when prepared or packed according to the specifications or 
directions of the foreign purchaser, except that producers of such 
pesticides and devices and active ingredients used in producing 
pesticides shall be subject to sections 2(p), 2(q)(1)(A), (C), (D), 
(E), (G), and (H), 2(q)(2)(A), (B), (C)(i) and (iii), and (D), 
7, and 8 of this Act; and
    (2) in the case of any pesticide other than a pesticide 
registered under section 3 or sold under section 6(a)(1) of 
this Act, if, prior to export, the foreign purchaser has signed a 
statement acknowledging that the purchaser understands that such 
pesticide is not registered for use in the United States and cannot 
be sold in the United States under this Act.

A copy of that statement shall be transmitted to an appropriate official 
of the government of the importing country.

(b) Cancellation Notices Furnished to Foreign Governments.--Whenever a registration,
or a cancellation or suspension of the registration of a pesticide becomes effective,
or ceases to be effective, the Administrator shall transmit through the State Department 
notification thereof to the governments of other countries and to appropriate
international agencies. Such notification shall, upon request, include all information
related to the cancellation or suspension of the registration of the pesticide and
information concerning other pesticides that are registered under section 3 of 
this Act and that could be used in lieu of such pesticide.

(c) Importation of Pesticides and Devices.--The Secretary of the Treasury shall
notify the Administrator of the arrival of pesticides and devices and shall deliver
to the Administrator, upon the Administrator's request, samples of pesticides 
or devices which are being imported into the United States, giving 
notice to the owner or consignee, who may appear before the 
Administrator and have the right to introduce testimony. If it appears 
from the examination of a sample that it is adulterated, or misbranded 
or otherwise violated the provisions set forth in this Act, or is 
otherwise injurious to health or the environment, the pesticide or 
device may be refused admission, and the Secretary of the Treasury shall 
refuse delivery to the consignee and shall cause the destruction of any 
pesticide or device refused delivery which shall not be exported by the 
consignee within 90 days from the date of notice of such refusal under 
such regulations as the Secretary of the Treasury may prescribe. The 
Secretary of the Treasury may deliver to the consignee such pesticide or 
device pending examination and decision in the matter on execution of 
bond for the amount of the full invoice value of such pesticide or 
device, together with the duty thereon, and on refusal to return such 
pesticide or device for any cause to the custody of the Secretary of the 
Treasury, when demanded, for the purpose of excluding them from the 
country, or for any other purpose, said consignee shall forfeit the full 
amount of said bond. All charges for storage, cartage, and labor on 
pesticides or devices which are refused admission or delivery shall be 
paid by the owner or consignee, and in default of such payment shall 
constitute a lien against any future importation made by such owner or 
consignee.

(d) Cooperation in International Efforts.--The Administrator shall, in
cooperation with the Department of State and any other appropriate Federal
agency, participate and cooperate in any international efforts to develop
improved pesticide research and regulations.

(e) Regulations.--The Secretary of the Treasury, in consultation with the 
Administrator, shall prescribe regulations for the enforcement of subsection
(c) of this section.
Sec. 18. [136p] Exemption of Federal and State Agencies.
    The Administrator may, at the Administrator's discretion, exempt any 
Federal or State agency from any provision of this Act if the 
Administrator determines that emergency conditions exist which require 
such exemption. The Administrator, in determining whether or not such 
emergency conditions exist, shall consult with the Secretary of 
Agriculture and the Governor of any State concerned if they request such 
determination.
Sec. 19. [136q] Storage, Disposal, Transportation, and Recall.
(a) Storage, Disposal, and Transportation.--
    (1) Data Requirements and Registration of Pesticides.--The Administrator may
require under section 3 or 6 that--
        (A) the registrant or applicant for registration of a 
    pesticide submit or cite data or information regarding methods 
    for the safe storage and disposal of excess quantities of the 
    pesticide to support the registration or continued registration 
    of a pesticide;
        (B) the labeling of a pesticide contain requirements and 
    procedures for the transportation, storage, and disposal of the 
    pesticide, any container of the pesticide, any rinsate 
    containing the pesticide, or any other material used to contain 
    or collect excess or spilled quantities of the pesticide; and
        (C) the registrant of a pesticide provide evidence of 
    sufficient financial and other resources to carry out a recall 
    plan under subsection (b), and provide for the disposition of
    the pesticide, in the event of suspension and cancellation of the pesticide.
    (2) Pesticides.--The Administrator may by regulation, or as part of
an order issued under section 6 or an amendment to such an order--
        (A) issue requirements and procedures to be followed by any 
    person who stores or transports a pesticide the registration of 
    which has been suspended or canceled;
        (B) issue requirements and procedures to be followed by any 
    person who disposes of stocks of a pesticide the registration of 
    which has been suspended; and
        (C) issue requirements and procedures for the disposal of 
    any pesticide the registration of which has been canceled.
    (3) Containers, Rinsates, and Other Materials.--The Administrator may by
regulation, or as part of an order issued under section 6 or an amendment to such an 
order--
        (A) issue requirements and procedures to be followed by any 
    person who stores or transports any container of a pesticide the 
    registration of which has been suspended or canceled, any 
    rinsate containing the pesticide, or any other material used to 
    contain or collect excess or spilled quantities of the 
    pesticide;
        (B) issue requirements and procedures to be followed by any 
    person who disposes of stocks of any container of a pesticide 
    the registration of which has been suspended, any rinsate 
    containing the pesticide, or any other material used to contain 
    or collect excess or spilled quantities of the pesticide; and
        (C) issue requirements and procedures for the disposal of 
    any container of a pesticide the registration of which has been 
    canceled, any rinsate containing the pesticide, or any other 
    material used to contain or collect excess or spilled quantities 
    of the pesticide.

(b) Recalls.--
    (1) In General.--If the registration of a pesticide has been suspended and 
canceled under section 6, and if the Administrator finds that recall of the
pesticide is necessary to protect health or the environment, the Administrator
shall order a recall of the pesticide in accordance with this subsection.
    (2) Voluntary Recall.--If, after determining under paragraph (1) that a
recall is necessary, the Administrator finds that voluntary recall by the 
registrant and others in the chain of distribution may be as safe and effective
as a mandatory recall, the Administrator shall request the registrant of the
pesticide to submit, within 60 days of the request, a plan for the voluntary
recall of the pesticide. If such a plan is requested and submitted, the Administrator
shall approve the plan and order the registrant to conduct the recall in accordance 
with the plan unless the Administrator determines, after an informal hearing, that
the plan is inadequate to protect health or the environment.
    (3) Mandatory Recall.--If, after determining under paragraph (1) that a recall
is necessary, the Administrator does not request the submission of a plan under
paragraph (2) or finds such a plan to be inadequate, the Administrator shall issue a
regulation that prescribes a plan for the recall of the pesticide. A regulation issued
under this paragraph may apply to any person who is or was a registrant, distributor,
or seller of the pesticide, or any successor in interest to such a person.
    (4) Recall Procedure.--A regulation issued under this subsection may require any
person that is subject to the regulation to--
        (A) arrange to make available one or more storage facilities 
    to receive and store the pesticide to which the recall program 
    applies, and inform the Administrator of the location of each 
    such facility;
        (B) accept and store at such a facility those existing 
    stocks of such pesticide that are tendered by any other person 
    who obtained the pesticide directly or indirectly from the 
    person that is subject to such regulation;
        (C) on the request of a person making such a tender, provide 
    for proper transportation of the pesticide to a storage 
    facility; and
        (D) take such reasonable steps as the regulation may 
    prescribe to inform persons who may be holders of the pesticide 
    of the terms of the recall regulation and how those persons may 
    tender the pesticide and arrange for transportation of the 
    pesticide to a storage facility.
   (5) Contents of Recall Plan.--A recall plan established under this
subsection shall include--
        (A) the level in the distribution chain to which the recall 
    is to extend, and a schedule for recall; and
        (B) the means to be used to verify the effectiveness of the 
    recall.
   (6) Requirements or Procedures.--No requirement or procedure imposed
in accordance with paragraph (2) of subsection (a) may require the recall of 
existing stocks of the pesticide except as provided by this subsection.

(c) Storage Costs.--
    (1) Submission of Plan.--A registrant who wishes to become eligible for
reimbursement of storage costs incurred as a result of a recall prescribed under 
subsection (b) for a pesticide whose registration has been suspended and canceled
shall, as soon as practicable after the suspension of the registration of the
pesticide, submit to the Administrator a plan for the storage and disposal of the
pesticide that meets criteria established by the Administrator by regulation.
    (2) Reimbursement.--Within a reasonable period of time after such storage costs
are incurred and paid by the registrant, the Administrator shall reimburse the registrant,
on request, for--
        (A) none of the costs incurred by the registrant before the 
    date of submission of the plan referred to in paragraph (1) to 
    the Administrator;
        (B) 100 percent of the costs incurred by the registrant 
    after the date of submission of the plan to the Administrator or 
    the date of cancellation of the registration of the pesticide, 
    whichever is later, but before the approval of the plan by the 
    Administrator;
        (C) 50 percent of the costs incurred by the registrant 
    during the 1-year period beginning on the date of the approval 
    of the plan by the Administrator or the date of cancellation of 
    the registration of the pesticide, whichever is later;
        (D) none of the costs incurred by the registrant during the 
    3-year period beginning on the 366th day following approval of 
    the plan by the Administrator or the date of cancellation of the 
    registration of the pesticide, whichever is later; and
        (E) 25 percent of the costs incurred by the registrant 
    during the period beginning on the first day of the 5th year 
    following the date of the approval of the plan by the 
    Administrator or the date of cancellation of the registration of 
    the pesticide, whichever is later, and ending on the date that a 
    disposal permit for the pesticide is issued by a State or an 
    alternative plan for disposal of the pesticide in accordance 
    with applicable law has been developed.

(d) Administration of Storage, Disposal, Transportation, and Recall Programs.--
    (1) Voluntary Agreements.--Nothing in this section shall be construed as
preventing or making unlawful any agreement between a seller and a buyer of any 
pesticide or other substance regarding the ultimate allocation of the costs of
storage, transportation, or disposal of a pesticide.
    (2) Rule and Regulation Review.--Section 25(a)(4) shall not apply to any 
regulation issued under subsection (a)(2) or (b).
    (3) Limitations.--No registrant shall be responsible under this section for
a pesticide the registration of which is held by another person. No distributor
or seller shall be responsible under this section for a pesticide that the
distributor or seller did not hold or sell.
    (4) Seizure and Penalties.--If the Administrator finds that a person who is
subject to a regulation or order under subsection (a)(2) or (b) has failed
substantially to comply with that regulation or order, the Administrator may take
action under section 13 or 14 or obtain injunctive relief under section 16(c)
against such person or any successor in interest of any such person.

(e) Container Design.--
    (1) Procedures.--
        (A) Not later than 3 years after the effective date of this 
    subsection, the Administrator shall, in consultation with the heads 
    of other interested Federal agencies, promulgate regulations for the 
    design of pesticide containers that will promote the safe storage 
    and disposal of pesticides.
        (B) The regulations shall ensure, to the fullest extent 
    practicable, that the containers--
            (i) accommodate procedures used for the removal of 
        pesticides from the containers and the rinsing of the 
        containers;
            (ii) facilitate the safe use of the containers, including 
        elimination of splash and leakage of pesticides from the 
        containers;
            (iii) facilitate the safe disposal of the containers; and
            (iv) facilitate the safe refill and reuse of the containers.
    (2) Compliance.--The Administrator shall require compliance with the regulations 
 referred to in paragraph (1) not later than 5 years after the effective date of this
subsection.

(f) Pesticide Residue Removal.--
    (1) Procedures.-
        (A) Not later than 3 years after the effective date of this 
    subsection, the Administrator shall, in consultation with the heads 
    of other interested Federal agencies, promulgate regulations 
    prescribing procedures and standards for the removal of pesticides 
    from containers prior to disposal.
        (B) The regulations may--
            (i) specify, for each major type of pesticide container, 
        procedures and standards providing for, at a minimum, triple 
        rinsing or the equivalent degree of pesticide removal;
            (ii) specify procedures that can be implemented promptly and 
        easily in various circumstances and conditions;
            (iii) provide for reuse, whenever practicable, or disposal 
        of rinse water and residue; and
            (iv) be coordinated with requirements for the rinsing of 
        containers imposed under the Solid Waste Disposal Act (42 U.S.C. 
        6901 et seq.).
        (C) The Administrator may, at the discretion of the 
    Administrator, exempt products intended solely for household use 
    from the requirements of this subsection.
    (2) Compliance.--Effective beginning 5 years after the effective date of
this subsection, a State may not exercise primary enforcement responsibility
under section 11, unless the Administrator determines that the State is carrying
out an adequate program to ensure compliance with this subsection.
    (3) Solid Waste Disposal Act.--Nothing in this subsection shall affect the
authorities or requirements concerning pesticide containers under the Solid Waste 
Disposal Act (42 U.S.C. 6901).

(g) Pesticide Container Study.--
    (1) Study.--
        (A) The Administrator shall conduct a study of options to 
    encourage or require--
            (i) the return, refill, and reuse of pesticide containers;
            (ii) the development and use of pesticide formulations that 
        facilitate the removal of pesticide residues from containers; 
        and
            (iii) the use of bulk storage facilities to reduce the 
        number of pesticide containers requiring disposal.
        (B) In conducting the study, the Administrator shall--
            (i) consult with the heads of other interested Federal 
        agencies, State agencies, industry groups, and environmental 
        organizations; and
            (ii) assess the feasibility, costs, and environmental 
        benefits of encouraging or requiring various measures or 
        actions.
    (2) Report.--Not later than 2 years after the effective date of this 
subsection, the Administrator shall submit to Congress a report 
describing the results of the study required under paragraph (1).

(h) Relationship to Solid Waste Disposal Act.--
    (1) In General.--Nothing in this section shall diminish the authorities
or requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (2) Antimicrobial Products.--A household, industrial, or institutional
antimicrobial product that is not subject to regulation under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.) shall not be subject to the
provisions of subsections (a), (e), and (f), unless the Administrator
determines that such product must be subject to such provisions to prevent
an unreasonable adverse effect in the environment.
Sec. 20. [136r] Research and Monitoring
(a) Research.--The Administrator shall undertake research including research by 
grant or contract with other Federal agencies, universities, or others 
as may be necessary to carry out the purposes of this Act, and 
the Administrator shall conduct research into integrated pest management 
in coordination with the Secretary of Agriculture. The Administrator 
shall also take care to ensure that such research does not duplicate 
research being undertaken by any other Federal agency.

(b) National Monitoring Plan.--The Administrator shall formulate and periodically
revise, in cooperation with other Federal, State, or local agencies, a national 
plan for monitoring pesticides.

(c) Monitoring.--The Administrator shall undertake such monitoring activities, 
including, but not limited to monitoring in air, soil, water, man, 
plants, and animals, as may be necessary for the implementation of this 
Act and of the national pesticide monitoring plan. The 
Administrator shall establish procedures for the monitoring of man and 
animals and their environment for incidental pesticide exposure, 
including, but not limited to, the quantification of incidental human 
and environmental pesticide pollution and the secular trends thereof, 
and identification of the sources of contamination and their 
relationship to human and environmental effects. Such activities shall 
be carried out in cooperation with other Federal, State, and local 
agencies.
Sec. 21. [136s] Solicitation of comments; Notice of Public Hearings.
(a) Secretary of Agriculture.--The Administrator, before publishing regulations under
this Act, shall solicit the views of the Secretary of Agriculture in 
accordance with the procedure described in section 25(a).

(b) Secretary of Health and Human Services.--The Administrator, before publishing
regulations under this Act for any public health pesticide, shall solicit the
views of the Secretary of Health and Human Services in the same manner as the
views of the Secretary of Agriculture are solicited under section 25(a)(2).

(c) Views.--In addition to any other authority relating to public hearings and 
solicitation of views, in connection with the suspension or cancellation 
of a pesticide registration or any other actions authorized under this 
Act, the Administrator may, at the Administrator's discretion, 
solicit the views of all interested persons, either orally or in 
writing, and seek such advice from scientists, farmers, farm 
organizations, and other qualified persons as the Administrator deems 
proper.

(d) Notice.--In connection with all public hearings under this Act the 
Administrator shall publish timely notice of such hearings in the 
Federal Register.
Sec. 22. [136t] Delegation and Cooperation.
(a) Delegation.--All authority vested in the Administrator by virtue of the 
provisions of this Act may with like force and effect be executed 
by such employees of the Environmental Protection Agency as the 
Administrator may designate for the purpose.

(b) Cooperation.--The Administrator shall cooperate with Department of Agriculture, 
any other Federal agency, and any appropriate agency of any State or any 
political subdivision thereof, in carrying out the provisions of this 
Act, and in securing uniformity of regulations.
Sec. 23. [136u] State Cooperation, Aid, and Training.
(a) Cooperative Agreements.--The Administrator may enter into cooperative agreements
with States and Indian tribes--
        (1) to delegate to any State or Indian tribe the authority to 
    cooperate in the enforcement of this Act through the use of 
    its personnel or facilities, to train personnel of the State or 
    Indian tribe to cooperate in the enforcement of this Act, and 
    to assist States and Indian tribes in implementing cooperative 
    enforcement programs through grants-in-aid; and
        (2) to assist States in developing and administering State 
    programs, and Indian tribes that enter into cooperative agreements, 
    to train and certify applicators consistent with the standards the 
    Administrator prescribes.

Effective with the fiscal year beginning October 1, 1978, there are 
authorized to be appropriated annually such funds as may be necessary 
for the Administrator to provide through cooperative agreements an 
amount equal to 50 percent of the anticipated cost to each State or 
Indian tribe, as agreed to under such cooperative agreements, of 
conducting training and certification programs during such fiscal year. 
If funds sufficient to pay 50 percent of the costs for any year are not 
appropriated, the share of each State and Indian tribe shall be reduced 
in a like proportion in allocating available funds.

(b) Contracts for Training.--In addition, the Administrator may enter into
contracts with Federal, State, or Indian tribal agencies for the purpose of
encouraging the training of certified applicators.

(c) Information and Education.--The Administrator shall, in cooperation with
the Secretary of Agriculture, use the services of the cooperative State extension 
services to inform and educate pesticide users about accepted uses and other
regulations made under this Act.
Sec. 24. [136v] Authority of States.
(a) In General.--A State may regulate the sale or use of any federally
registered pesticide or device in the State, but only if and to the extent
the regulation does not permit any sale or use prohibited by this Act.

(b) Uniformity.--Such State shall not impose or continue in effect any
requirements for labeling or packaging in addition to or different from
those required under this Act.

(c) Additional Uses.--
    (1) A State may provide registration for additional uses of 
federally registered pesticides formulated for distribution and use 
within that State to meet special local needs in accord with the 
purposes of this Act and if registration for such use has not 
previously been denied, disapproved, or canceled by the Administrator. 
Such registration shall be deemed registration under section 3 for
all purposes of this Act, but shall authorize distribution and use
only within such State.
    (2) A registration issued by a State under this subsection shall not 
be effective for more than ninety days if disapproved by the 
Administrator within that period. Prior to disapproval, the 

Administrator shall, except as provided in paragraph (3) of this 
subsection, advise the State of the Administrator's intention to 
disapprove and the reasons therefor, and provide the State time to 
respond. The Administrator shall not prohibit or disapprove a 
registration issued by a State under this subsection (A) on the basis of 
lack of essentiality of a pesticide or (B) except as provided in 
paragraph (3) of this subsection, if its composition and use patterns 
are similar to those of a federally registered pesticide.
    (3) In no instance may a State issue a registration for a food or 
feed use unless there exists a tolerance or exemption under the Federal 
Food, Drug, and Cosmetic Act that permits the residues of the pesticides
on the food or feed. If the Administrator determines that a registration
issued by a State is inconsistent with the Federal Food, Drug, and Cosmetic
Act, or the use of, a pesticide under a registration issued by a State
constitutes an imminent hazard, the Administrator may immediately disapprove
the registration.
    (4) If the Administrator finds, in accordance with standards set 
forth in regulations issued under section 25 of this act, that a 
State is not capable of exercising adequate controls to assure that 
State registration under this section will be in accord with the 
purposes of this Act or has failed to exercise adequate controls, 
the Administrator may suspend the authority of the State to register 
pesticides until such time as the Administrator is satisfied that the 
State can and will exercise adequate controls. Prior to any such 
suspension, the Administrator shall advise the State of the 
Administrator's intention to suspend and the reasons therefor and 
provide the State time to respond.
Sec. 25. [136w] Authority of Administrator.
(a) In General.--
    (1) Regulations.--The Administrator is authorized, in accordance with the 
procedure described in paragraph (2), to prescribe regulations to 
carry out the provisions of this Act. Such regulations shall 
take into account the difference in concept and usage between 
various classes of pesticides and differences in environmental risk 
and the appropriate data for evaluating such risk between 
agricultural and nonagricultural pesticides.
    (2) Procedure.--
        (A) Proposed Regulations.--At least 60 days prior to signing any proposed
    regulation for publication in the Federal Register, the Administrator shall 
    provide the Secretary of Agriculture with a copy of such regulation. If the
    Secretary comments in writing to the Administrator regarding any such regulation
    within 30 days after receiving it, the Administrator shall publish in the Federal 
    Register (with the proposed regulation) the comments of the Secretary and the
    response of the Administrator with regard to the Secretary's comments. If the
    Secretary does not comment in writing to the Administrator regarding the
    regulation within 30 days after receiving it, the Administrator may sign such 
    regulation for publication in the Federal Register any time after such 30-day
    period notwithstanding the foregoing 60-day time requirement.
        (B) Final Regulations--At least 30 days prior to signing any regulation in
    final form for publication in the Federal Register, the Administrator shall
    provide the Secretary of Agriculture with a copy of such regulation. If the
    Secretary comments in writing to the Administrator regarding any such final
    regulation within 15 days after receiving it, the Administrator shall publish
    in the Federal Register (with the final regulation) the comments of the Secretary,
    if requested by the Secretary, and the response of the Administrator concerning
    the Secretary's comments. If the Secretary does not comment in writing to the
    Administrator regarding the regulation within 15 days after receiving it, the 
    Administrator may sign such regulation for publication in the Federal Register
    at any time after such 15-day period notwithstanding the foregoing 30-day time
    requirement. In taking any final action under this subsection, the Administrator
    shall include among those factors to be taken into account the effect of the
    regulation on production and prices of agricultural commodities, retail food
    prices, and otherwise on the agricultural economy, and the Administrator shall
    publish in the Federal Register an analysis of such effect.
        (C) Time Requirements.--The time requirements imposed by subparagraphs (A)
    and (B) may be waived or modified to the extent agreed upon by the Administrator
    and the Secretary.
        (D) Publication in the Federal Register.--The Administrator shall,
    simultaneously with any notification to the Secretary of Agriculture under
    this paragraph prior to the issuance of any proposed or final regulation,
    publish such notification in the Federal Register.
    (3) Congressional Committees.--At such time as the Administrator is required under
paragraph (2) of this subsection to provide the Secretary of Agriculture with a copy
of proposed regulations and a copy of the final form of regulations, the Administrator
shall also furnish a copy of such regulations to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of
the Senate.
    (4) Congressional Review of Regulations.--Simultaneously with the promulgation of
any rule or regulation under this Act, the Administrator shall transmit a copy 
thereof to the Secretary of the Senate and the Clerk of the House of Representatives.
The rule or regulation shall not become effective until the passage of 60 calendar
days after the rule or regulation is so transmitted.

(b) Exemption of Pesticides.--The Administrator may exempt from the requirements of
this Act by regulation any pesticide which the Administrator determines either (1)
to be adequately regulated by another Federal agency, or (2) to be of a character
which is unnecessary to be subject to this Act in order to carry out the purposes
of this Act.

(c) Other Authority.--The Administrator, after notice and opportunity for hearing, is 
authorized--
    (1) to declare a pest any form of plant or animal life (other 
than man and other than bacteria, virus, and other micro-organisms 
on or in living man or other living animals) which is injurious to 
health or the environment;
    (2) to determine any pesticide which contains any substance or 
substances in quantities highly toxic to man;
    (3) to establish standards (which shall be consistent with those 
established under the authority of the Poison Prevention Packaging 
Act (Public Law 91-601) with respect to the package, container, or
wrapping in which a pesticide or device is enclosed for use or consumption,
in order to protect children and adults from serious injury or illness
resulting from accidental ingestion or contact with pesticides or devices
regulated by this Act as well as to accomplish the other purposes of this 
Act;
    (4) to specify those classes of devices which shall be subject 
to any provision of section 2(q)(1) or section 7 of this Act 
upon the Administrator's determination that application of such 
provision is necessary to effectuate the purposes of this Act;
    (5) to prescribe regulations requiring any pesticide to be 
colored or discolored if the Administrator determines that such 
requirement is feasible and is necessary for the protection of 
health and the environment; and
    (6) to determine and establish suitable names to be used in the 
ingredient statement.

(d) Scientific Advisory Panel.--The Administrator shall submit to an advisory
panel for comment as to the impact on health and the environment of the action
proposed in notices of intent issued under section 6(b) and of the proposed and
final form of regulations issued under 26(a) within the same time periods as
provided for the comments of the Secretary of Agriculture under such sections.
The time requirements for notices of intent and proposed and final forms of
regulation may not be modified or waived unless in addition to meeting the requirements
of section 6(b) or 25(a), as applicable, the advisory panel has failed to comment
on the proposed action within the prescribed time period or has agreed to the
modification or waiver. The Administrator shall also solicit from the advisory panel
comments, evaluations, and recommendations for operating guidelines to improve the 
effectiveness and quality of scientific analyses made by personnel of 
the Environmental Protection Agency that lead to decisions by the 
Administrator in carrying out the provisions of this Act. The 
comments, evaluations, and recommendations of the advisory panel 
submitted under this subsection and the response of the Administrator 
shall be published in the Federal Register in the same manner as 
provided for publication of the comments of the Secretary of Agriculture 
under such sections. The chairman of the advisory panel, after 
consultation with the Administrator, may create temporary subpanels on 
specific projects to assist the full advisory panel in expediting and 
preparing its evaluations, comments, and recommendations. The subpanels 
may be composed of scientists other than members of the advisory panel, 
as deemed necessary for the purpose of evaluating scientific studies 
relied upon by the Administrator with respect to proposed action. Such 
additional scientists shall be selected by the advisory panel. The panel 
referred to in this subsection shall consist of 7 members appointed by 
the Administrator from a list of 12 nominees, 6 nominated by the 
National Institutes of Health and 6 by the National Science Foundation, 
utilizing a system of staggered terms of appointment. Members of the 
panel shall be selected on the basis of their professional 
qualifications to assess the effects of the impact of pesticides on 
health and the environment. To the extent feasible to insure 
multidisciplinary representation, the panel membership shall include 
representation from the disciplines of toxicology, pathology, 
environmental biology, and related sciences. If a vacancy occurs on the 
panel due to expiration of a term, resignation, or any other reason, 
each replacement shall be selected by the Administrator from a group of 
4 nominees, 2 submitted by each of the nominating entities named in this 
subsection. The Administrator may extend the term of a panel member 
until the new member is appointed to fill the vacancy. If a vacancy 
occurs due to resignation, or reason other than expiration of a term, 
the Administrator shall appoint a member to serve during the unexpired 
term utilizing the nomination process set forth in this subsection. 
Should the list of nominees provided under this subsection be 
unsatisfactory, the Administrator may request an additional set of 
nominees from the nominating entities. The Administrator may require 
such information from the nominees to the advisory panel as the 
Administrator deems necessary, and the Administrator shall publish in 
the Federal Register the name, address, and professional affiliations of 
each nominee. Each member of the panel shall receive per diem 
compensation at a rate not in excess of that fixed for GS-18 of the 
General Schedule as may be determined by the Administrator, except that 
any such member who holds another office or position under the Federal 
Government the compensation for which exceeds such rate may elect to 
receive compensation at the rate provided for such other office or 
position in lieu of the compensation provided by this subsection. In 
order to assure the objectivity of the advisory panel, the Administrator 
shall promulgate regulations regarding conflicts of interest with 
respect to the members of the panel. The advisory panel established 
under this section shall be permanent. In performing the functions 
assigned by this Act, the panel shall consult and coordinate its 
activities with the Science Advisory Board established under the 
Environmental Research, Development, and Demonstration Authorization Act 
of 1978. Whenever the Administrator exercises authority under section
6(c) of this Act to immediately suspend the registration of any
pesticide to prevent an imminent hazard, the Administrator shall promptly
submit to the advisory panel for comment, as to the impact on health and
the environment, the action taken to suspend the registration of such pesticide.
    (2) Science Review Board.--There is established a Science Review Board to
consist of 60 scientists who shall be available to the Scientific Advisory Panel
to assist in reviews conducted by the Panel.  Members of the Board shall be
selected in the same manner as members of temporary subpanels created under
paragraph (1).  Members of the Board shall be compensated in the same manner
as members of the Panel.

(e) Peer Review.--The Administrator shall, by written procedures, provide for
peer review with respect to the design, protocols, and conduct of major 
scientific studies conducted under this Act by the Environmental 
Protection Agency or by any other Federal agency, any State or political 
subdivision thereof, or any institution or individual under grant, 
contract, or cooperative agreement from or with the Environmental 
Protection Agency. In such procedures, the Administrator shall also 
provide for peer review, using the advisory panel established under 
subsection (d) of this section or appropriate experts appointed by the 
Administrator from a current list of nominees maintained by such panel, 
with respect to the results of any such scientific studies relied upon 
by the Administrator with respect to actions the Administrator may take 
relating to the change in classification, suspension, or cancellation of 
a pesticide. Whenever the Administrator determines that circumstances do 
not permit the peer review of the results of any such scientific study 
prior to the Administrator's exercising authority under section 6(c) 
of this Act to immediately suspend the registration of any pesticide 
to prevent an imminent hazard, the Administrator shall promptly 
thereafter provide for the conduct of peer review as provided in this 
sentence. The evaluations and relevant documentation constituting the 
peer review that relate to the proposed scientific studies and the 
results of the completed scientific studies shall be included in the 
submission for comment forwarded by the Administrator to the advisory 
panel as provided in subsection (d). As used in this subsection, the
term "peer review" shall mean an independent evaluation by scientific
experts, either within or outside the Environmental Protection Agency,
in the appropriate disciplines.
Sec. 26. [136w-1] State Primary Enforcement Responsibility.
(a) In General.--For the purposes of this Act, a State shall have primary 
enforcement responsibility for pesticide use violations during any 
period for which the Administrator determines that such State--
    (1) has adopted adequate pesticide use laws and regulations, 
except that the Administrator may not require a State to have 
pesticide use laws that are more stringent than this Act;
    (2) has adopted and is implementing adequate procedures for the 
enforcement of such State laws and regulations; and
    (3) will keep such records and make such reports showing 
compliance with paragraphs (1) and (2) of this subsection as the 
Administrator may require by regulation.

(b) Special Rules.--Notwithstanding the provisions of subsection (a) of
this section, any State that enters into a cooperative agreement with the 
Administrator under section 23 of this Act for the enforcement of 
pesticide use restrictions shall have the primary enforcement 
responsibility for pesticide use violations. Any State that has a plan 
approved by the Administrator in accordance with the requirements of 
section 11 of this Act that the Administrator determines meets the 
criteria set out in subsection (a) of this section shall have the 
primary enforcement responsibility for pesticide use violations. The 
Administrator shall make such determinations with respect to State plans 
under section 11 of this Act in effect on the date of enactment of the
Federal Pesticide Act of 1978 not later than six months after that date.

(c) Administrator.--The Administrator shall have primary enforcement responsibility
for those States that do not have primary enforcement responsibility under 
this Act. Notwithstanding the provisions of section 2(e)(1) of 
this Act, during any period when the Administrator has such 
enforcement responsibility, section 8(b) of this Act shall apply to 
the books and records of commercial applicators and to any applicator 
who holds or applies pesticides, or uses dilutions of pesticides, only 
to provide a service of controlling pests without delivering any 
unapplied pesticide to any person so served, and section 9(a) of this 
Act shall apply to the establishment or other place where pesticides 
or devices are held for application by such persons with respect to 
pesticides or devices held for such application.
Sec. 27. [136w-2] Failure by the State to Assure Enforcement of State Pesticide
Use Regulations        
(a) Referral.--Upon receipt of any complaint or other information alleging or 
indicating a significant violation of the pesticide use provisions of 
this Act, the Administrator shall refer the matter to the 
appropriate State officials for their investigation of the matter 
consistent with the requirements of this Act. If, within thirty 
days, the State has not commenced appropriate enforcement action, the 
Administrator may act upon the complaint or information to the extent 
authorized under this Act.

(b) Notice.--Whenever the Administrator determines that a State having primary 
enforcement responsibility for pesticide use violations is not carrying 
out (or cannot carry out due to the lack of adequate legal authority) 
such responsibility, the Administrator shall notify the State. Such 
notice shall specify those aspects of the administration of the State 
program that are determined to be inadequate. The State shall have 
ninety days after receipt of the notice to correct any deficiencies. If 
after that time the Administrator determines that the State program 
remains inadequate, the Administrator may rescind, in whole or in part, 
the State's primary enforcement responsibility for pesticide use 
violations.

(c) Construction.--Neither section 26 of this Act nor this section shall limit 
the authority of the Administrator to enforce this Act, where the 
Administrator determines that emergency conditions exist that require 
immediate action on the part of the Administrator and the State 
authority is unwilling or unable adequately to respond to the emergency.
Sec. 28. [136w-3] Identification of Pests; Cooperation with Department of
Agriculture's Program
(a) In General.--The Administrator, in coordination with the Secretary of 
Agriculture, shall identify those pests that must be brought under 
control. The Administrator shall also coordinate and cooperate with the 
Secretary of Agriculture's research and implementation programs to 
develop and improve the safe use and effectiveness of chemical, 
biological, and alternative methods to combat and control pests that 
reduce the quality and economical production and distribution of 
agricultural products to domestic and foreign consumers.

(b) Pest Control Availability.--
    (1) In General.--The Administrator, in cooperation with the Secretary of 
Agriculture, shall identify--
        (A) available methods of pest control by crop or animal;
        (B) minor pest control problems, both in minor crops and 
    minor or localized problems in major crops; and
        (C) factors limiting the availability of specific pest 
    control methods, such as resistance to control methods and 
    regulatory actions limiting the availability of control methods.
    (2) Report.--The Secretary of Agriculture shall, not later than 180 days 
after the date of enactment of this section and annually thereafter, prepare
a report and send the report to the Administrator. The report shall--
        (A) contain the information described in paragraph (1) and 
    the information required by section 1651 of the Food, Agriculture,
    Conservation, and Trade Act of 1990;
        (B) identify the crucial pest control needs where a shortage 
    of control methods is indicated by the information described in 
    paragraph (1); and
        (C) describe in detail research and extension efforts 
    designed to address the needs identified in subparagraph (B).

(c) Integrated Pest Management.--The Administrator, in cooperation with
the Secretary of Agriculture, shall develop approaches to the control of
pests based on integrated pest management that respond to the needs of
producers, with a special emphasis on minor pests.

(d) Public Health Pests.--The Administrator, in coordination with the 
Secretary of Agriculture and the Secretary of Health and Human Services,
shall identify pests of significant public health importance and, in
coordination with the Public Health Service, develop and implement
programs to improve and facilitate the safe and necessary use of chemical,
biological, and other methods to combat and control such pests of public
health importance.
Sec. 29. [136w-4] Annual Report.
The Administrator shall submit an annual report to Congress before 
February 16 of each year and the first report shall be due February 15, 
1979. The report shall include the total number of applications for 
conditional registration under sections 3(c)(7)(B) and 3(c)(7)(C) 
of this Act that were filed during the immediately preceding fiscal 
year, and, with respect to those applications approved, the 
Administrator shall report the Administrator's findings in each case, 
the conditions imposed and any modification of such conditions in each 
case, and the quantities produced of such pesticides.
Sec 30. [136w-5] Minimum Requirements for Training of Maintenance
Applicators and Service Technicians.
Each State may establish minimum requirements for training of maintenance
applicators and service technicians.  Such training may include instruction
in the safe and effective handling and use of pesticides in accordance with
the Environmental Protection Agency approved labeling, and instruction in
integrated pest management techniques.  The authority of the Administrator
with respect to minimum requirements for training of maintenance applicators
and service technicians shall be limited to ensuring that each State understands
the provisions of this section.
Section 31. [136w-6] Environmental Protection Agency Minor Use Programs.
(a) The Administrator shall assure coordination of minor use issues through the
establishment of a minor use program within the Office of Pesticide Programs.  Such
office shall be responsible for coordinating the development of minor use programs
and policies and consulting with growers regarding minor use issues and registrations
and amendments which are submitted to the Environmental Protection Agency.

(b) The Office of Pesticide Programs shall prepare a public report concerning the
progress made on the registration of minor uses, including implementation of the
exclusive use as an incentive for registering new minor uses, within 3 years of
the passage of the Food Quality Protection Act of 1996.
Section 32 [136w-7] Department of Agriculture Minor Use Program.
(a) In General.--The Secretary of Agriculture (hereinafter in this section
referred to as the "Secretary") shall assure the coordination of the 
responsibilities of the Department of Agriculture related to minor uses
of pesticides, including--
    (1) carrying out the Inter-Regional Project Number 4 (IR-4) as described
by section 2 of Public Law 89-106 (7 U.S.C. 450i(e)) and the national pesticide 
resistance monitoring programs established under section 1651 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5882);
    (2) supporting integrated pest management research;
    (3) consulting with growers to develop data for minor uses; and
    (4) providing assistance with minor use registrations, tolerances, and
reregistrations with the Environmental Protection Agency.

(b)(1) Minor Use Pesticide Data.--
        (A) Grant Authority.--The Secretary, in consultation with the Administrator,
    shall establish a program to make grants for the development of data to support
    minor use pesticide registrations and reregistrations.  The amount of any such
    grant shall not exceed 1/2 of the cost of the project for which the grant is made.
        (B) Applicants.--Any person who wants to develop data to support minor use 
    pesticide registrations and reregistrations may apply for a grant under 
    subparagraph (A).  Priority shall be given to an applicant for such grant who
    does not directly receive funds from the sale of pesticides registered for
    minor uses.
        (C) Data Ownership.--Any data that is developed under a grant under
    subparagraph (A) shall be jointly owned by the Department of Agriculture and
    the person who received the grant.  Such a person shall enter into an agreement
    with the Secretary under which such person shall share any fee paid to such
    person under section 3(c)(1)(F).
    (2) Minor Use Pesticide Data Revolving Fund.--
        (A)Establishment.--There is established in the Treasury of the United States
    a revolving fund to be known as the Minor Use Pesticide Data Revolving Fund.  The
    Fund shall be available without fiscal year limitation to carry out the 
    authorized purposes of this subsection.
        (B) Contents of the Fund.--There shall be deposited in the Fund--
            (i) such amounts as may be appropriated to support the purposes of this
        this subsection; and
            (ii) fees collected by the Secretary for any data developed under a grant
        under paragraph (1)(A).
        (C) Authorization of Appropriations.--There are authorized to be appropriated
    for each fiscal year to carry out the purposes of this subsection $10,000,000 to
    remain available until expended.
Sec. 33. [136x] Severability.
If any provision of this Act or the application thereof to 
any person or circumstance is held invalid, the invalidity shall not 
affect other provisions or applications of this Act which can be 
given effect without regard to the invalid provision or application, and 
to this end the provisions of this Act are severable.
Sec. 34. [136y] Authorization of Appropriations.
There is authorized to be appropriated to carry out this Act (other than section 23(a))--
        (1) $83,000,000 for fiscal year 1989, of which not more than 
    $13,735,500 shall be available for research under this Act;
        (2) $95,000,000 for fiscal year 1990, of which not more than 
    $14,343,600 shall be available for research under this Act; 
    and
        (3) $95,000,000 for fiscal year 1991, of which not more than 
    $14,978,200 shall be available for research under this Act.
www.epa.gov/pesticides/fifra.htm   updated October 19, 1999

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