






                     FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
               [As Amended Through P.L.  110 - 246, Effective May  22, 2008]

                                                 TABLE  OF CONTENTS



                                    U.S.C. 	Act Sec. 	Page

               7 U.S.C.
               prec.  121 	1. Short title and  table of contents ....................	3

               136 	2. Definitions .......................................................	7

               136a 	3. Registration of pesticides  ...............................	16

               136a - 1	4. Reregistration of registered pesticides .......... 	36

               136c 	5. Experimental use  permits   .............................	58

               136d 	6. Administrative  review; suspension  ...............	59

               136e 	7. Registration of establishments ......................	65

               136f 	8. Books  and  records  ..........................................	66

               136g 	9. Inspection of establishments, etc.  .................	66

                           136h 	10.  Protection of trade secrets and  other infor- 	68 mation.

               136i 	11. Use  of restricted use  pesticides; applicators 	70

               136j 	12. Unlawful acts  ................................................	72

               136k 	13. Stop  sale, use,  removal, and  seizure ...........	75

               136l 	14. Penalties  ........................................................	76

               136m 	15. Indemnities  ...................................................	77

               136n 	16. Administrative procedure; judicial review .. 	80

               136o 	17. Imports and  exports  .....................................	80

               136p 	18. Exemption of Federal and  State agencies .. 	82

                           136q 	19.  Storage, disposal, transportation,  and   re- 	82 call.

               136r 	20. Research and  monitoring .............................	87

                           136s 	21.  Solicitation of  comments; notice   of  public 	87 hearings.

               136t 	22. Delegation and  cooperation  .........................	87

               136u 	23. State cooperation, aid,  and  training  ...........	88

               136v 	24. Authority of States  .......................................	88

               136w 	25. Authority of Administrator  ..........................	89

               136w - 1	26. State primary enforcement responsibility .. 	93
              1

                                        FIFRA	2

                                         TABLE  OF CONTENTS -- Continued



                           136w - 2	27. Failure by the  State to assure enforcement	94 of State pesticide use  regulations.

               136w - 3	28.   Identification  of  pests;  cooperation  with 	94
                                  Department of Agriculture's program.

               136w - 4	29. Annual report  ...............................................	95

                           136w - 5	30.   Minimum  requirements   for   training  of	95 maintenance applicators and  service techni-
                                                  cians.

                           136w - 6	31.   Environmental  Protection  Agency   minor 	95 use  program.

                           136w - 7	32.  Department of Agriculture minor use  pro- 	96 gram.

               136w - 8	33. Pesticide registration service fees  ...............	97

               136x 	34. Severability  ...................................................	109

               136y 	35. Authorization for appropriations  .................	109
                 Bracketed material and  footnotes did  not  appear in Acts.

          3 	FIFRA

                                                                         AN ACT
Sec. 1



                To regulate the  marketing of economic poisons and  devices, and  for other purposes.
            Be  it  enacted by  the  Senate and   House  of  Representatives of  the
          United States of America in Congress assembled,
                   SECTION 1.  ø7  U.S.C. prec.  121¿ SHORT TITLE AND   TABLE OF  CON- TENTS.
          (a) SHORT TITLE. -- This Act may  be cited  as  the  ``Federal  Insec- ticide, Fungicide, and  Rodenticide Act''.
              (b) TABLE OF  CONTENTS. --  1 - 1
             Section 1. Short title and  table of contents. (a) Short title.
          (b) Table  of contents. Sec. 2. Definitions.
             (a) Active  ingredient. (b) Administrator.
             (c) Adulterated. (d) Animal.
                (e) Certified applicator, etc. (1) Certified applicator. (2) Private applicator.
                (3) Commercial applicator.
                (4) Under the  direct supervision of a certified applicator.
             (f) Defoliant.
             (g) Desiccant.
             (h) Device.
             (i) District court.
             (j) Environment.
             (k) Fungus.
             (l) Imminent hazard.
             (m) Inert ingredient.
             (n) Ingredient statement.
             (o) Insect.
             (p) Label  and  labeling.
                                          (1) Label.
                                        (2) Labeling.
             (q) Misbranded.
             (r) Nematode.
             (s) Person.
             (t) Pest.
             (u) Pesticide.
             (v) Plant regulator.
             (w) Producer and  produce.
             (x) Protect health and  the  environment.
             (y) Registrant.
             (z) Registration.
             (aa)  State.
             (bb) Unreasonable adverse effects  on the  environment.
             (cc) Weed.
             (dd) Establishment.
              (ee)  To  use  any  registered pesticide in  a  manner inconsistent with its  labeling.
             (ff) Outstanding data requirement. (gg) To distribute or sell.
                           Sec. 3. Registration of pesticides.













          1 - 1 So  in  original. The  table of contents does  not  correspond to  the  contents of the  Act. Public Law  104 - 170 did  not  make conforming amendments to the  table of contents.


             (a) Requirement of registration. (b) Exemptions.
                (c) Procedure for registration. (1) Statement required.
                (2) Data in support of registration.
                (3) Time  for acting with respect to application.
                (4) Notice  of application.
                (5) Approval of registration.
                (6) Denial of registration.
                (7) Registration under special circumstances.
                (8) Interim administrative review.
             (d) Classification of pesticides.
                (1) Classification for general use,  restricted use,  or both.
                (2) Change in classification.
                (3)  Change in  classification from  restricted use  to  general use.
             (e) Products with same formulation and  claims.
             (f) Miscellaneous.
                (1) Effect  of change of labeling or formulation.
                (2) Registration not  a defense.
                (3) Authority to consult other Federal agencies.
                    Sec. 4. Reregistration of registered pesticides.
             (a) General rule.
             (b) Reregistration phases.
             (c) Phase one.
                (1) Priority for reregistration.
                (2) Reregistration lists.
                (3) Judicial review.
                (4) Notice  to registrants.
             (d) Phase two.
                (1) In  general.
                (2) Notice  of intent to seek  or not  to seek  reregistration.
                (3) Missing or inadequate data.
                (4) Time  periods.
                (5) Cancellation and  removal.
                (6) Suspensions and  penalties.
             (e) Phase three.
                (1) Information about studies.
                (2) Time  periods.
                (3) Cancellation.
                (4) Guidelines.
                (5) Monitoring.
             (f) Phase four.
              (1) Independent review and  identification of outstanding data re- quirements.
                (2) Time  periods.
                (3) Suspensions and  penalties.
             (g) Phase five.
                (1) Data review.
                (2) Reregistration and  other actions.
             (h) Compensation of data submitter.
             (i) Fees.
                (1) Initial fee for food or feed  use  pesticide active ingredients.
                (2) Final fee for food or feed  use  pesticide active ingredients.
                (3) Fees  for other pesticide active ingredients.
              (4)  Reduction or  waiver of  fees  for  minor use   and   other  pes- ticides.
                (5) Maintenance fee. (6) Other fees.
                (7) Apportionment.
             (j) Exemption of certain registrants.
             (k) Reregistration and  expedited processing fund.
                (1) Establishment.
                (2) Source and  use.
             (3)  1 - 2Review of inert ingredients; expedited processing of similar applications.
                (4) Unused funds.
                (5) Accounting.
             (l) Judicial review.
                           Sec. 5. Experimental use  permits.
             (a) Issuance.
             (b) Temporary tolerance level.
             (c) Use  under permit.
             (d) Studies.
             (e) Revocation.
             (f) State issuance of permits.
             (g) Exemption for agricultural research agencies.
                       Sec. 6. Administrative review; suspension.


            1 - 2 So  in  original (as  added by  sec.  501(g)(1)   of  P.L.   108 - 199). Probably  should  be  indented further.


                (a) Cancellation after five years. (1) Procedure.
                (2) Information.
             (b) Cancellation and  change in classification or labels.
             (c) Suspension.
                (1) Order.
                (2) Expedite hearing.
                (3) Emergency order.
                (4) Judicial review.
             (d) Public hearings and  scientific review.
             (e) Conditional registration.
             (f) General provisions.
                (1) Voluntary cancellation.
                (2) Publication of notice.
              (3) Transfer of registration of pesticides registered for minor ag- ricultural uses.
              (g) Notice  for  stored pesticides with canceled or  suspended registra- tions.
                (1) In  general. (2) Copies.
             (h) Judicial review.
                         Sec. 7. Registration of establishments.
             (a) Requirements.
             (b) Registration.
             (c) Information required.
             (d) Confidential records and  information.
          Sec. 8. Records.
             (a) Requirement.
             (b) Inspection.
                       Sec. 9. Inspection of establishments, etc.
             (a) In  general.
             (b) Warrants.
             (c) Enforcement.
                (1) Certification of facts  to Attorney General.
                (2) Notice  not  required.
                (3) Warning notices.
          Sec. 10. Protection of trade secrets and  other information.
             (a) In  general.
             (b) Disclosure.
             (c) Disputes.
             (d) Limitations.
             (e) Disclosure to contractors.
             (f) Penalty for disclosure by Federal employees.
             (g) Disclosure to foreign and  multinational pesticide producers.
          Sec. 11. Use  of restricted use  pesticides; applicators.
             (a) Certification procedure.
                (1) Federal certification.
                (2) State certification.
             (b) State plans.
             (c) Instruction in integrated pest management techniques.
             (d) In  general.
             (e) Separate standards.
                                 Sec. 12. Unlawful acts.
             (a) In  general.
             (b) Exemptions.
          Sec. 13. Stop  sale, use,  removal, and  seizure.
             (a) Stop  sale, etc.,  orders.
             (b) Seizure.
             (c) Disposition after condemnation.
             (d) Court costs,  etc.
          Sec. 14. Penalties.
             (a) Civil  penalties.
                (1) In  general.
                (2) Private applicator.
                (3) Hearing.
                (4) Determination of penalty.
                (5) References to Attorney General.
             (b) Criminal penalties.
                (1) In  general.
                (2) Private applicator.
                (3) Disclosure of information.
                (4) Acts  of officers,  agents, etc.
                                  Sec. 15. Indemnities.
                                       

                (a) General indemnification. (1) In  general.
                (2) Exception. (3) Report.
                (4) Appropriation.
             (b) Indemnification of end  users, dealers, and  distributors.
                (1) End  users.
                (2) Dealers and  distributors.
                (3) Source.
                (4) Administrative settlement.
             (c) Amount of payment.
                (1) In  general.
                (2) Special rule.
          Sec. 16. Administrative procedure; judicial review.
             (a) District court review.
             (b) Review  by Court of Appeals.
             (c) Jurisdiction of district courts.
             (d) Notice  of judgments.
                             Sec. 17. Imports and  exports.
             (a) Pesticides and  devices intended for export.
             (b) Cancellation notices furnished to foreign governments.
             (c) Importation of pesticides and  devices.
             (d) Cooperation in international efforts.
             (e) Regulations.
          Sec. 18. Exemption of Federal and  State agencies.
          Sec. 19. Storage, disposal, transportation, and  recall.
             (a) Storage, disposal, and  transportation.
                (1) Data requirements and  registration of pesticides.
                (2) Pesticides.
                (3) Containers, rinsates, and  other materials.
             (b) Recalls.
                (1) In  general.
                (2) Voluntary recall.
                (3) Mandatory recall.
                (4) Recall  procedure.
                (5) Contents of recall plan.
                (6) Requirements or procedures.
             (c) Storage costs.
                (1) Submission of plan.
                (2) Reimbursement.
              (d)  Administration  of  storage,  disposal, transportation,  and   recall programs.
                (1) Voluntary agreements.
                (2) Rule  and  regulation review.
                (3) Limitations.
                (4) Seizure and  penalties.
             (e) Container design.
                (1) Procedures.
                (2) Compliance.
             (f) Pesticide residue removal.
                (1) Procedures.
                (2) Compliance.
                (3) Solid  Waste Disposal Act.
             (g) Pesticide container study.
                (1) Study.
                (2) Report.
             (h) Relationship to Solid  Waste Disposal Act.
                           Sec. 20. Research and  monitoring.
             (a) Research.
             (b) National monitoring plan.
             (c) Monitoring.
          Sec. 21. Solicitation of comments; notice  of public  hearings.
             (a) Secretary of Agriculture.
             (b) Views.
             (c) Notice.
                          Sec. 22. Delegation and  cooperation.
             (a) Delegation.
             (b) Cooperation.
          Sec. 23. State cooperation, aid,  and  training.
             (a) Cooperative agreements.
             (b) Contracts for training.
             (c) Information and  education.
          Sec. 24. Authority of States.
             (a) In  general.
             (b) Uniformity.
             (c) Additional uses.
                          Sec. 25. Authority of Administrator.
                                       

             (a) In  General.
                (1) Regulations. (2) Procedure.
                (3) Congressional committees.
             (4) Congressional review of regulations. (b) Exemption of pesticides.
             (c) Other authority.
             (d) Scientific advisory panel.
             Sec.  26.  State primary enforcement responsibility. (a) In  general.
             (b) Special rules. (c) Administrator.
          Sec.  27.  Failure  by   the    State  to   assure   enforcement  of   State   pesticide  use
             regulations. (a) Referral.
             (b) Notice.
             (c) Construction.
          Sec.  28.  Identification  of   pests;  cooperation  with  Department   of   Agriculture's
             program. (a) In  general.
                (b) Pest control availability. (1) In  general.
                (2) Report.
          (c) Integrated pest management. Sec.  29.  Annual report.
          Sec.  30.  Minimum requirements for training of maintenance applicators and  service
                                          technicians.
          Sec. 31. Environmental Protection Agency  minor use  program. Sec. 32. Department of Agriculture minor use  program.
             (a) In  general.
             (b)(1) Minor  use  pesticide data.
          (2) Minor  Use  Pesticide Data Revolving Fund. Sec. 33. Pesticide registration service fees.
             (a) Definition of costs. (b) Fees.
                (1) In  general.
                (2) Covered pesticide registration applications.
                (3) Schedule of covered applications and  registration service fees. (4) Pending pesticide registration applications.
                (5) Resubmission of pesticide registration applications. (6) Fee  adjustment.
                (7) Waivers and  reductions. (8) Refunds.
                (c) Pesticide Registration Fund. (1) Establishment.
                (2) Transfers to Fund.
                (3) Expenditures from  Fund.
                (4) Collections and  appropriations Acts. (5) Unused funds.
             (d) Assessment of fees.
                (1) Definition of covered functions.
                (2) Minimum amount of appropriations. (3) Use  of fees.
                (4) Compliance.
                (5) Subsequent authority.
             (e) Reforms to reduce decision time review periods. (f) Decision time review periods.
                (1) In  general. (2) Report.
                (3) Applications subject to decision time review periods. (4) Start of decision time review period.
             (5) Extension of decision time review period. (g) Judicial review.
                (1) In  general. (2) Scope.
                (3) Timing.
             (4) Remedies. (h) Accounting.
             (i) Auditing.
                (1) Financial statements of agencies. (2) Components.
             (3) Inspector General. (j) Personnel levels.
             (k) Reports.
                (1) In  general. (2) Contents.
             (l) Savings clause.
                (m) Termination of effectiveness. (1) In  general.
          (2) Phase out. Sec. 34. Severability.
          Sec. 35. Authorization for appropriations.
          SEC.  2. ø7 U.S.C. 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, 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  arti- ficially  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  Ad- ministrator of the  Environmental  Protection Agency.
          (c) ADULTERATED. -- The term  ``adulterated'' applies to  any  pes- ticide 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  whol- ly or in part abstracted.
          (d)  ANIMAL. -- The term  ``animal'' means all  vertebrate and   in- vertebrate  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  au- thorized 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), only  to provide a service of con- trolling 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 ap- plied  without compensation other than trading of personal serv- ices   between  producers  of  agricultural   commodities) on   the property of another person.
              (3) COMMERCIAL APPLICATOR. -- The term ``commercial  appli- cator'' means an  applicator (whether or  not  the  applicator is  a private applicator with respect to  some  uses) who  uses or  su- pervises  the   use   of  any   pesticide  which   is  classified  for  re- stricted use  for  any  purpose or  on  any  property other than as provided by paragraph  (2).
              (4) UNDER THE DIRECT SUPERVISION OF  A CERTIFIED APPLI- CATOR. -- 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 appli- cator 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  dry- ing  of plant tissue.
          (h)  DEVICE. -- The term ``device'' means any  instrument or  con- trivance (other than a  firearm) which  is  intended for  trapping,  de- stroying,  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  re- sult in  unreasonable adverse effects  on  the  environment or  will  in- volve  unreasonable hazard to  the  survival of a  species declared en- dangered 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  state- ment of the  percentages of total and  water soluble arsenic, cal- culated 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  exam- ple,  beetles, bugs,  bees,  flies,  and  to  other allied classes of arthro- pods  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  lit-
                  erature  accompanying the  pesticide or device,  except to cur- rent 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 au- thorized  by  law   to  conduct research  in  the   field   of  pes- ticides.
              (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 estab-
                  lished 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 as-
                  signed 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   con-
                  spicuousness (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 pur-
                  chase and  use;
                      (F)  the   labeling accompanying it does  not  contain  di-
                  rections for  use  which  are  necessary for  effecting the  pur-
                  pose   for  which   the   product  is  intended  and   if  complied
                  with, together with any   requirements  imposed under  sec-
                  tion  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  environ-
                  ment; or
                      (H)  in  the  case  of a  pesticide not  registered in  accord-
                  ance  with section 3 of this Act and  intended for export, the
                  label  does  not  contain, in  words  prominently placed there-
                  on   with  such   conspicuousness  (as   compared with  other
                  words, statements,  designs, or  graphic matter in  the  label-
                  ing)  as  to  render it likely  to  be noted by the  ordinary indi-


                  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 dis-
                  played 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 state-
                      ment  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  out-
                  side  container or  wrapper of the  retail package, if there be
                  one,  through which  the  required information on  the  imme-
                  diate container cannot be clearly read, a label  bearing -- 
                          (i)  the   name  and   address  of  the   producer,  reg-
                      istrant, 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,  ex-
                      cept   that  the   Administrator  may   permit  reasonable
                      variations; and
                          (iv)  when required  by  regulation of  the   Adminis-
                      trator to  effectuate the   purposes of this Act,  the   reg-
                      istration 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  ani-
          mals of the  phylum nemathelminthes and  class  nematoda, that is,
          unsegmented round worms with elongated, fusiform, or saclike bod-
          ies  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, partner-
          ship,  association,  corporation,  or  any   organized  group  of  persons
          whether incorporated or not.
              (t) PEST. -- The term ``pest'' means (1) any  insect, rodent, nema-
          tode,  fungus, weed,  or  (2)  any  other form  of terrestrial or  aquatic
          plant or  animal life  or  virus, bacteria, or  other micro-organism (ex-


          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, repel- ling,  or  mitigating any  pest, (2)  any  substance or  mixture of sub- stances intended for  use   as   a  plant  regulator, defoliant, or  des-
          iccant, and   (3)  any   nitrogen stabilizer, except that  the   term ``pes-
          ticide''  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  ani- mal  drug by a regulation establishing conditions of use  for the  arti- cle,  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  de- fined   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 de- vice'' includes any  device  which  contacts intact mucous membranes but  which  does  not  ordinarily penetrate the  blood  barrier or  other- wise  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  im- provement,  maintenance,   survival,  health,   and    propagation  of plants, and  as  are  not  for pest destruction and  are  nontoxic, nonpoi- sonous in the  undiluted packaged concentration.
          (w) PRODUCER  AND PRODUCE. -- The term ``producer'' means the person who  manufacturers,  prepares,  compounds, propagates, or processes any  pesticide or  device  or  active ingredient used in  pro- ducing a  pesticide. The  term ``produce'' means to  manufacture, pre- pare, compound, propagate, or process any  pesticide or device  or ac- tive  ingredient used in  producing a  pesticide. The  dilution by  indi- viduals 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 ``pro- tect  health and  the  environment'' and  ``protection of health and  the environment'' mean protection against any  unreasonable adverse ef- fects  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 reregistra-
          tion.


          (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 ENVIRON- MENT. -- The term  ``unreasonable adverse  effects   on   the   environ- ment'' 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). 2 - 1   The  Adminis- trator  shall consider the   risks and   benefits of  public   health  pes- ticides 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  pes- ticide against the  health risks such  as  the  diseases transmitted  by the  vector  to be controlled by the  pesticide.
          (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  pro- ducing a pesticide is produced, or held,  for distribution or sale.
          (ee)  TO   USE  ANY   REGISTERED PESTICIDE  IN   A  MANNER  INCON- SISTENT  WITH ITS LABELING. -- The term ``to use  any  registered pes- ticide in  a manner inconsistent with its  labeling''  means to use  any registered pesticide in  a  manner not  permitted by  the  labeling,  ex- cept  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  pes- ticide against any  target pest not  specified on the  labeling if the  ap- plication is to the  crop,  animal, or site  specified on the  labeling, un- less   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 ad- verse effect  on the  environment, (3) employing any  method of appli- cation not  prohibited by the  labeling unless the  labeling specifically states that the  product may  be  applied only  by  the  methods speci- fied  on  the  labeling, (4) mixing a  pesticide or  pesticides with a  fer- tilizer 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   Adminis- trator  determines to  be  consistent with the   purposes of  this  Act. After  March 31,  1979,  the  term shall not  include the  use  of a  pes- ticide 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. -- 

            2 - 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 specifying the  Act  that was  being amended. The  amendments were  executed to  this Act  to  effectuate the  probable intent of Congress.


              (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)  and which  study, information, or data -- 
                      (A) has  not  been  submitted to the  Administrator; or
                  (B)  if  submitted  to  the   Administrator,  the   Adminis- trator has   determined must be  resubmitted because it is not  valid, complete, or  adequate to  make a  determination under  section 3(c)(5)  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 deter- mine  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  de- liver.  The  term does  not  include the  holding or  application of reg- istered  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  pre- venting or hindering the  process of nitrification, denitrification, am- monia 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 Jan- uary 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 volatiliza- tion  urease production regardless of the  actual use  or  pur- pose  for, or future use  or purpose for, the  substance or mix- ture.
          Statements  made in   materials  required  to  be  submitted  to  any State  legislative or  regulatory authority, or  required by  such   au- thority to  be  included  in  the   labeling  or  other  literature  accom- panying any  such  substance or  mixture shall not  be  deemed a  spe- cific claim  within the  meaning of this subsection.
          (jj) 2 - 2  MAINTENANCE  APPLICATOR. -- The term ``maintenance ap- plicator''  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 con- trol   or  lawn pest control including janitors, general maintenance

          2 - 2 So in original (as  added by sec. 120  of P.L.  104 - 170). This  subsection should probably be ``(ii)'' and  subsequent subsections should be redesignated accordingly.


          personnel,  sanitation   personnel,  and    grounds  maintenance  per- sonnel. The  term ``maintenance applicator'' does  not  include private applicators as defined in section 2(e)(2); individuals who use  anti- microbial  pesticides,  sanitizers   or   disinfectants;   individuals  em- ployed  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, nurs- eries, greenhouses, or other noncommercial property.
          (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  pur- pose  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 prod- ucts  pesticides.
          (ll) MINOR USE. -- The term ``minor use'' means the  use  of a pes- ticide 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 reg- istration or  continuing registration of a  pesticide for  such   use and -- 
                  (A)  there  are   insufficient  efficacious alternative   reg- istered 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 signifi- cant part in managing pest resistance; or
                  (D) the  minor use  pesticide plays or will  play  a signifi- cant 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  exist- ing  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  sub-
                      stances  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 pes- ticide'' does  not  include  -- 
                  (A) a wood preservative or antifouling paint product for which   a  claim  of pesticidal activity other than or  in  addi- tion  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 pes-
              ticide'' does  include any  other chemical sterilant  product (other
              than  liquid  chemical sterilant   products  exempt  under  sub-
              section (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 pes-
          ticide''  means any   minor use   pesticide product registered  for  use
          and   used predominantly in  public   health programs for  vector   con-
          trol   or  for  other  recognized health protection uses, including the
          prevention or  mitigation of  viruses, bacteria,  or  other  microorga-
          nisms (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. ø7 U.S.C. 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  environ- ment, 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  or  an  emergency exemption under  section
          18.
              (b)  EXEMPTIONS. -- A pesticide which  is  not  registered with the
          Administrator may  be transferred  if -- 
                  (1) the  transfer is from  one  registered establishment to an-
              other 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   direc-
                  tions 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  con- sider in accordance with the  following provisions:
                      (i) With  respect to pesticides containing active in- gredients that  are   initially registered  under  this  Act after the   date of  enactment of  the   Federal  Pesticide Act  of  1978  [September 30,  1978],   data  submitted to support the  application for  the  original registration of the  pesticide, or an  application for an  amendment add- ing  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  consid- ered  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   3  minor uses registered after the   date of  enact-
                      ment of this clause [Aug.  3,  1996]  and  within 7 years
                      of the  commencement of the  exclusive use  period, up  to
                      a  total of  3  additional years  for  all  minor uses  reg-
                      istered by  the   Administrator if  the   Administrator, in
                      consultation with the   Secretary of  Agriculture, deter-
                      mines that, based on information provided by an  appli-
                      cant 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 manage-
                                              ment 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   pro-
                      vided   in  the   crop  grouping. Any  additional  exclusive
                      use  period under this clause shall be  modified as  ap-
                      propriate  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  Adminis-
                      trator 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  appli- cation for registration, experimental use  permit, or amendment adding a  new  use  to  an  existing registra- tion,  to  support or  maintain in  effect  an  existing reg-
                      istration, or  for  reregistration, the  Administrator may,
                      without the  permission of the  original data submitter, consider any  such  item of data in  support of an  appli- cation by any  other person (hereinafter in this sub- paragraph referred to as  the  ``applicant'') within the  fif- teen-year period following the  date the  data were  origi- nally submitted only  if the  applicant has  made an  offer to  compensate  the   original data  submitter  and   sub- mitted 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 sub- mitter 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  ap- point an  arbitrator from  the  roster of arbitrators main- tained by such  Service. The  procedure and  rules of the Service shall be applicable to the  selection of such  arbi- trator  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  re- view  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, misrepre- sentation, or other misconduct. The  parties to the  arbi- tration shall share equally in  the   payment of the   fee and  expenses of the  arbitrator. If the  Administrator de- termines 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 sub- paragraph, or failed  to comply  with the  terms of an agreement or arbitration  decision concerning com- pensation under this subparagraph, the   original data submitter  shall forfeit   the   right to  compensation  for the  use  of the  data in  support of the  application. Not- withstanding any  other provision of this Act, if the  Ad- ministrator determines that an  applicant has  failed  to participate in  a  procedure for  reaching an  agreement or in an  arbitration proceeding as  required by this sub- paragraph, or  failed   to  comply   with the   terms of  an


                      agreement or arbitration  decision concerning com- pensation 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   sen- tences, 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  registra- tion  is denied or canceled under this subparagraph, the Administrator may   make such   order as  the   Adminis- trator deems appropriate concerning the  continued sale and   use  of existing stocks of such   pesticide. Registra- tion  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   com-
                      pensate 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 enact-
                      ment of this clause [Aug.  3, 1996],  except where an  ap-
                      plicant or  registrant is  applying for  the  registration of
                      a  pesticide  containing  an   active  ingredient  not   pre-
                      viously registered.
                          (vi)  With  respect to  data submitted after the  date
                      of enactment of this clause [Aug.  3, 1996]  by an  appli-
                      cant 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,  with-
                      out   the   written  permission of  the   original data  sub-
                      mitter, be  considered by  the  Administrator to  support
                      an  application for  a  minor use  by  another person dur-
                      ing  the  period of 10 years following the  date of submis-
                      sion  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  para-
                      graph. If the  minor use  registration which  is supported
                      by data submitted pursuant to this subsection is volun-
                      tarily  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  appro-
                      priate.


                  (G) If the  applicant is  requesting that the  registration or  amendment to  the   registration of  a  pesticide be  expe- dited, an  explanation of the  basis for the  request must be submitted, in  accordance with paragraph  (10)  of this sub- section.
                  (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   Adminis-
                  trator  shall permit sufficient time for  applicants to  obtain
                  such   additional information. The  Administrator, in  estab-
                  lishing 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 stand-
                  ards, 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  registra-
                  tion  statement together with such  other scientific informa-
                  tion  as  the  Administrator deems relevant to  the  Adminis-
                  trator's decision.
                      (B)  ADDITIONAL  DATA. -- (i)  If  the   Administrator deter-
                  mines that additional data are  required to  maintain in  ef-
                  fect  an   existing registration  of  a  pesticide,  the   Adminis-
                  trator 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 evi-
                  dence   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 in-
                  tent  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  Ad- ministrator of their agreement to  develop jointly, or  share in  the  cost  of developing data, the  registrants have not  fur- ther agreed on the  terms of the  data development arrange- ment or  on  a  procedure for  reaching such  agreement, any of such  registrants may  initiate binding arbitration pro- ceedings by requesting the  Federal Mediation and  Concilia- tion  Service to  appoint an  arbitrator from  the  roster of ar- bitrators 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, misrepresen- tation, or  other misconduct by one  of the  parties to  the  ar- bitration or  the   arbitrator  where there is  a  verified  com- plaint with supporting affidavits attesting to  specific  in- stances of such  fraud, misrepresentation, or other mis- conduct. 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  proce- dures prescribed by  clause (iv) if a  registrant fails  to  com- ply 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 ap- propriate steps to secure the  data required under this sub- paragraph, to participate in a procedure for reaching agree- ment  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  ad- ditional data is required. The  Administrator may  include in the  notice  of intent to  suspend such  provisions as  the  Ad- ministrator   deems  appropriate  concerning the   continued sale  and  use  of existing stocks of such  pesticide. Any  sus- pension 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  satis- fied   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 re- quired,  and    whether  the    Administrator's determination with respect to  the   disposition  of  existing  stocks  is  con-


                  sistent 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  re- ceipt   of  a  request for  such   hearing. Any  registration  sus- pended 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  submis- sion  to  handle any  subsequent data compensation matters for the  joint  submitters of such  data.
                  (vi) Upon  the  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  sub- paragraph 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  [Aug. 3, 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 pro- duction will be completed before  the  expiration of the extension period;
                      (III)  the   Administrator has   determined that  such extension will  not  significantly delay the   Administra- tor's  schedule for issuing a reregistration  eligibility de- termination required under section 4; and
                      (IV) the  Administrator has  determined that based on   existing  data,  such   extension  would   not   signifi- cantly increase the   risk of  any   unreasonable adverse effect   on   the    environment. 3 - 1    If   the    Administrator grants an   extension under  this  clause, the   Adminis- trator  shall monitor the  development of the  data and shall ensure that the  registrant is  meeting the  sched- ule  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   provi- sions  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 ef- fect  on the  environment. In  such  circumstance, the  Ad-

          3 - 1 Indentation of the   following sentences  of this clause is  so  in  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.


                      ministrator  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.
                  (vii) If the  registrant does  not  commit to support a spe- cific minor use  of the  pesticide, but  is  supporting and  pro- viding 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  sup- porting and  providing data in  a  timely and  adequate fash- ion  to  support other nonfood  uses of the  pesticide, the  Ad- ministrator, 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 estab- lished as  of the  date of enactment of the  Food  Quality Pro- tection Act  of  1996   [Aug.  3,  1996],   for  the   submission of data under section 4 for  the  supported uses identified pur- suant 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 may  refuse the  re- quest for extension by the  registrant. Upon  receipt of the request from  the   registrant, the   Administrator shall pub- lish  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   reg- istration 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  meet- ing  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  ac- cordance with  section 6(f)(2).  Notwithstanding the   provi- sions   of this clause, the   Administrator may  deny,   modify, or   revoke  the   temporary  extension under  this  subpara- graph if  the   Administrator determines that  the   continu- ation 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.
                  (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 caused to  the  registrant by  mul- tiple 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 [Aug.  3,  1996],  the   Administrator shall de- velop  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 [Sep- tember 30,  1978],   the   Administrator shall, by  regulation, prescribe simplified procedures for  the  registration of pes- ticides, which  shall include the  provisions of subparagraph
                  (D) of this paragraph.
                      (D) EXEMPTION. -- No applicant for registration of a pes-
                  ticide who  proposes to purchase a registered pesticide from
                  another producer in order to formulate such  purchased pes-
                  ticide into  the  pesticide that is  the  subject of the  applica-
                  tion  shall be required to -- 
                          (i)  submit  or   cite   data  pertaining to   such   pur-
                      chased 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   Adminis-
                  trator 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  unrea-
                      sonable 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  expedi-
                  tiously as  possible, either register the  pesticide in  accord-
                  ance  with paragraph (5), or  notify  the  applicant of the  Ad-
                  ministrator'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  Ad-
                  ministrator 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  composi-
                      tion   and   labeling  to   a   currently-registered  pesticide
                      identified  in  the   application,  or  that would   differ   in
                      composition	and 	labeling	from 	such 	currently-reg-
                      istered  pesticide only  in  ways   that would   not  signifi-
                      cantly 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  ac-
                  tion  described in clause (i), the  Administrator shall -- 

                      complete, reject the  application;
                          (II)  not  later than the   applicable  decision review
                      time established pursuant  to  section 33(f)(4)(B),  or,  if
                      no  review time is  established, not  later than 90  days after  receiving a  complete application,  notify   the   reg- istrant if  the  application has   been  granted or  denied; and
                      (III)   if  the   application  is  denied,  notify   the   reg- istrant 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 ingre- dient 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 amend- ment 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  great- est  extent practicable, complete a review and  eval- uation of all  data, submitted with a  complete ap- plication, within 12 months after the  submission of the  complete application, and  the  failure of the  Ad- ministrator to  complete such  a  review and  evalua- tion  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 pre- ceding   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, pur- suant 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  Admin- istrator for  submission of  such   data, beginning with the date of receipt by  the  registrant of the  Administrator's  no- tice  of denial.
              (4) NOTICE OF   APPLICATION. -- The Administrator shall pub- lish  in  the  Federal Register, promptly after receipt of the  state- ment and  other data required pursuant to  paragraphs (1) and (2), a notice  of each  application for registration of any  pesticide

              son  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  sub- mitted comply  with the  requirements of this Act;
                  (C) it will  perform its  intended function without unrea- sonable adverse effects  on the  environment; and
                  (D) when used in accordance with widespread and  com- monly  recognized practice it will not  generally cause unrea- sonable adverse effects  on the  environment.
              The  Administrator shall not  make any  lack  of essentiality a cri- terion for denying registration of any  pesticide. Where two  pes- ticides meet the  requirements of this paragraph, one  should not be registered in preference to the  other. In considering an  ap- plication 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 de- termining that the  pesticide's composition is such  as  to warrant proposed claims of efficacy.  If  a  pesticide is  found  to  be  effica- cious  by  any  State under section 24(c)  of this Act,  a  presump- tion  is  established that the  Administrator shall waive  data re- quirements  pertaining  to  efficacy   for  use   of  the   pesticide in such  State.
              (6) DENIAL OF  REGISTRATION. -- If the  Administrator deter- mines 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  noti- fies  the  Administrator thereof during the  30-day period begin- ning   with the   day   after the   date on  which   the   applicant  re- ceives  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 (in- cluding 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. -- Not- withstanding 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  iden- tical  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, and  (ii) approving the  registra-

                  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  sub- mission 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   pes- ticide 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  signifi- cantly increase the  risk of any  unreasonable adverse effect on  the  environment. Notwithstanding the  foregoing provi- sions   of  this subparagraph, no  registration of  a  pesticide may  be  amended to  permit an  additional use  of such  pes- ticide 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 die- tary 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  addi- tional use  of such   pesticide involves a  minor food  or  feed crop  and   the   Administrator determines, with the   concur- rence 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 registra- tion   under this  subparagraph shall submit such   data as would   be  required to  obtain registration of a  similar  pes- ticide 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  gen- erated,  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 suffi- cient 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

                  prescribe.  A  conditional registration  under  this  subpara- graph  shall  be  granted  only   if  the   Administrator  deter- mines 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  ini- tiate 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  vali- dated test  or  other  significant evidence raising  prudent  con- cerns of  unreasonable adverse risk to  man or  to  the   environ- ment. 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  subpara- graphs (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  prod- uct  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  re- quired by law or the  Administrator as a condition of reg- istration, 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 re- ceipt   of  a  notification under  clause (i),  the   Adminis- trator may  disapprove the  modification by sending the registrant  notification in  writing stating that the  pro- posed  language is  not  acceptable and   stating the  rea- sons  why  the   Administrator finds   the   proposed  modi- fication 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  dis- approval.

                      trator  following receipt and   consideration of an  objec- tion  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 cau-
                  tion  or protective measures for use  of the  recommended di- luted 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  protec- tion   for  exposure  to  the   diluted  solution of  the   pes- ticide.
                  (10) EXPEDITED REGISTRATION OF  PESTICIDES. -- 
                  (A) Not  later than 1  year after the  date of enactment of this paragraph [Aug.  3,  1996],  the  Administrator shall, utilizing  public   comment,  develop procedures  and   guide- lines, and   expedite the   review  of  an   application for  reg- istration 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  or-
                      ganisms.
                      (iii) Reduce the  potential for contamination of groundwater, surface water, or other valued environ- mental resources.
                      (iv) Broaden the  adoption of integrated pest man- agement strategies, or  make such  strategies more available or more  effective.
                  (C) The  Administrator, not  later than 30 days  after re- ceipt  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  addi- tional 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  Ad- ministrator 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  reg- istered should be for restricted use,  the  Administrator shall


                  uses may   be  classified by  regulation on  the   initial  classi- fication and  registered pesticides may  be classified prior to reregistration. If some  of the  uses of the  pesticide are  clas- sified  for  general use  and   other uses are  classified for  re- stricted use,  the  directions relating to its  general uses shall be  clearly separated  and   distinguished from   those  direc- tions 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  la- beling 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 reg- istered, 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  en- vironment, the  Administrator will  classify the  pesticide, or the  particular use  or  uses of the  pesticide to  which  the  de- termination 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 reg- istered, 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  de- termination 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  classifica- tion  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 addi- tional regulatory restriction may  cause unreasonable adverse effects  on  the  environment, the  pesticide shall be  applied for  any  use  to  which  the  determination ap- plies  only  by  or  under the  direct supervision of a  cer- tified  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 de- termines that a change in  the  classification of any  use  of a pes- ticide from  general use  to restricted use  is necessary to prevent unreasonable adverse effects  on  the  environment, the  Adminis- trator shall notify  the  registrant of such  pesticide of such  deter- mination 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  Admin-
              istrator to change any  such  classification from  restricted to gen- eral  use.   Such   petition  shall  set   out   the   basis  for  the   reg- istrant's position that  restricted use   classification is  unneces- sary  because  classification  of  the   pesticide  for   general  use would   not  cause unreasonable adverse effects   on  the   environ- ment. 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   expla- nation therefor and  any  such  denial shall be  subject to  judicial review under section 16 of this Act.
          (e)  PRODUCTS   WITH  SAME  FORMULATION   AND  CLAIMS. -- Prod- ucts   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   addi- tional names and  labels shall be  added to  the  registration by  sup- plemental statements.
              (f) MISCELLANEOUS. -- 
              (1)  EFFECT  OF   CHANGE  OF   LABELING  OR   FORMULATION. -- If the  labeling or  formulation for  a  pesticide is  changed, the  reg- istration shall be amended to reflect such  change if the  Admin- istrator determines that the  change will  not  violate any  provi- sion  of this Act.
              (2) REGISTRATION NOT A DEFENSE. -- In no event shall reg- istration of an  article be construed as  a defense for the  commis- sion  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   pack- aging 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  con- sult 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  ni- trogen 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. -- 
                  (i) IN   GENERAL. -- The registrations  of pesticides are  to be periodically reviewed.


                  (ii)  REGULATIONS. -- In accordance with  this  subpara- graph, the   Administrator shall  by  regulation establish a procedure for accomplishing the  periodic review of registra- tions.
                  (iii) INITIAL  REGISTRATION  REVIEW. -- The Administrator shall complete the  registration  review of each  pesticide or
                  pesticide case,  which  may  be  composed of 1 or  more  active
                  ingredients and  the  products associated with the  active in- gredients, not  later than the  later of -- 
                          (I) October 1, 2022;  or
                      (II)  the   date that  is  15  years after  the   date  on which  the  first pesticide containing a new  active ingre- dient is registered.
                  (iv)   SUBSEQUENT  REGISTRATION  REVIEW. -- Not later than 15  years after the  date on  which  the  initial registra- tion   review  is  completed under  clause  (iii)  and   each   15 years thereafter, the  Administrator shall complete a subse- quent  registration  review for  each   pesticide  or  pesticide case.
                  (v)  CANCELLATION. -- No registration  shall be  canceled as  a result of the  registration review process unless the  Ad- ministrator follows  the  procedures and  substantive require- ments of section 6.
                  (B) DOCKETING. -- 
                  (i)  IN   GENERAL. -- Subject to  clause (ii),  after  meeting with 1  or  more   individuals that  are   not  government  em- ployees to discuss matters relating to a registration review, the  Administrator shall place  in  the  docket minutes of the meeting, a list  of attendees, and  any  documents exchanged at the  meeting, not  later than the  earlier of -- 
                          (I)  the  date that is  45  days   after the  meeting; or
                      (II)  the  date of issuance of the  registration  review decision.
                  (ii)     PROTECTED     INFORMATION. -- The   Administrator shall identify, but  not  include in  the  docket, any  confiden- tial  business information the  disclosure of which  is  prohib- ited  by section 10.
              (C)  LIMITATION. -- Nothing in  this subsection shall prohibit the  Administrator from  undertaking any  other review of a  pes- ticide 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 applica- ble to any  data required for registration review.
              (h)   REGISTRATION    REQUIREMENTS    FOR   ANTIMICROBIAL   PES-
          TICIDES. -- 
              (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  evalu- ate  reforms to the  antimicrobial registration process that would reduce review periods existing as  of the   date of enactment of this subsection [Aug.  3,  1996]  for  antimicrobial  pesticide prod-


              uct  registration applications and  applications for  amended reg- istration of antimicrobial pesticide products, including -- 
                      (A) new  antimicrobial active ingredients; (B) new  antimicrobial end-use products;
                  (C) substantially similar or identical antimicrobial pes- ticides; and
                  (D)  amendments  to   antimicrobial pesticide registra- tions.
              (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 pe- riod  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  reg- istered 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 reg-
                  istration that does  not  require scientific review of data; and
                      (F)  120  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 [Aug.  3, 1996],  the
                      Administrator  shall  publish  in   the   Federal  Register
                      proposed regulations to  accelerate and  improve the  re-
                      view   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 	pes-
                          ticides, 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  orga-
                          nisms,  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 under-
                          taken 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 effi- cacy  and  that antimicrobial pesticide products con- tinue 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 regu- lations, 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  reg-
                      ulations 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   certifi-
                          cation process by  approved laboratories as  an  ad-
                          junct to the  review process;
                              (III)  use  all  appropriate and   cost-effective re-
                          view  mechanisms, including -- 
                                  (aa)  expanded use  of notification and  non-
                                          notification procedures;
                                  (bb)  revised procedures for  application re-
                                                 view;  and
                                  (cc) allocation of appropriate  resources to
                              ensure 	streamlined 	management	of	anti-
                                   microbial pesticide registrations; and
                              (IV)  clarify criteria  for  determination  of  the
                          completeness of an  application.
                      (C)  EXPEDITED   REVIEW. -- This subsection does  not  af-
                  fect  the  requirements or extend the  deadlines or review pe-
                  riods  contained in subsection  (c)(3).
                      (D) ALTERNATIVE REVIEW PERIODS. -- If the  final  regula-
                  tions to carry out  this paragraph are  not  effective 630  days
                  after  the   date  of  enactment  of  this  subsection [Aug.   3,
                  1996],  until the  final   regulations become  effective, the  re-
                  view  period, beginning on the  date of receipt by the  Agency
                  of a complete application, shall be -- 
                          (i)  2  years for  a  new   antimicrobial  active  ingre-
                      dient pesticide registration;
                          (ii)  1  year for  a  new   antimicrobial use   of  a  reg-
                      istered active ingredient;



                                                                           uct;

(iii) 180 days  for any  other new  antimicrobial prod-

(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)   120   days    for   an    amendment  to   an    anti-
                      microbial registration that requires scientific review of
                      data and   that is  not  otherwise described in  this sub-
                      paragraph.
                      (E)  WOOD PRESERVATIVES. -- An application for  the  reg-
                  istration, or  for  an   amendment  to  the   registration, of  a
                  wood  preservative product for  which   a  claim   of pesticidal
                  activity listed in  section 2(mm)  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  pre-
                  servative 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  Admin-
                      istrator shall notify   an  applicant whether an  applica-
                      tion   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  de-
                      layed 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 [Aug.  3,
                      1996].
                          (iv)  LIMITATION. -- Notwithstanding clause (ii),  the
                      failure of the  Administrator to  notify  an  applicant  for
                      an   amendment to  a  registration for  an   antimicrobial
                      pesticide shall not  be judicially reviewable in a Federal
                      or  State court if the  amendment requires scientific re-
                      view  of data within -- 
                              (I)  the   time  period specified in  subparagraph
                          (D)(vi),  in  the  absence of a  final   regulation under
                                          subparagraph (B); or
                              (II)   the   time  period  specified  in   paragraph
                          (2)(F),  if  adopted in  a  final   regulation under sub-
                                             paragraph (B).
                  (4) ANNUAL REPORT. -- 


                  (A) SUBMISSION. -- Beginning on  the  date of enactment of  this subsection [Aug.  3,  1996]  and   ending on  the   date that the  goals  under paragraph (2) are  achieved, the  Ad- ministrator shall, not  later than March 1 of each  year, pre- pare and  submit an  annual report to the  Committee on Ag- riculture of  the   House  of  Representatives  and   the   Com- mittee on  Agriculture, Nutrition, and  Forestry of the  Sen- ate.
                  (B)  REQUIREMENTS. -- A report  submitted  under  sub- paragraph (A) shall include a description of -- 
                      (i) measures taken to  reduce the  backlog of pend- ing  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.  ø7   U.S.C.  136a - 1¿  REREGISTRATION OF   REGISTERED PES- TICIDES.
          (a)  GENERAL RULE. -- The Administrator shall reregister, in  ac- cordance 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  Admin- istrator has  determined, after November 1, 1984,  and  before  the  ef- fective  date of this section [December 24, 1988],  that -- 
                  (1) there are  no outstanding data requirements; and
              (2) the  requirements of section 3(c)(5)  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  sub- section (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 re- specting 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  in- adequate data within the  applicable time period.
              (3) The  third phase shall include submission to the  Admin- istrator by registrants of the  information required under sub- section (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  Adminis- trator 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  re- registration 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 [December
              24, 1988])  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 [December 24,  1988]   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 [December 24, 1988],  list  pesticide active ingre- dients 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  deter- mined under paragraph (1); and
                  (D) not  later than 10  months after such  effective date, list  the  remainder of the  pesticide active ingredients, as  de- termined 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  Adminis- trator shall send by certified mail  to the  registrants of the  pes- ticides 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  con- tains 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  REREG-
              ISTRATION. -- 
                  (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  in- tend to seek  reregistration of the  pesticide.
                  (B)  If  a  registrant  submits a  notice   under  subpara- graph (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  sub- mitted.
              (3)  MISSING  OR   INADEQUATE  DATA. -- Each registrant  of  a pesticide that  contains an  active ingredient  listed under  sub-


              paragraph (B), (C), or (D) of subsection (c)(2) and  for which  the registrant submitted a  notice  under paragraph (2) of an  inten- tion  to  seek  reregistration of such  pesticide shall submit to  the Administrator -- 
                  (A)  in  accordance with regulations  issued by  the   Ad- ministrator under section 3, an  identification of -- 
                      (i) all  data that are  required by regulation to  sup- port   the   registration of  the   pesticide with  respect  to such  active ingredient;
                      (ii) data that were  submitted by the  registrant pre- viously 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 identi-
                      fied  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 re-
                      gard to such  cost  sharing.
              For  purposes of  a  submission by  a  registrant  under subpara-
              graph (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  reg-
              istrant possesses or  has  access to  the  raw  data used in  or  gen-
              erated by  such   study. For  purposes of a  submission by  a  reg-
              istrant 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  satis-
              faction of the   Administrator that such   data should be  consid-
              ered  to support the  registration of the  pesticide that is to be re-
              registered.
                  (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  list- ing  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  list- ing  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  list- ing  of such  active ingredient.
                  On  application, the   Administrator may  extend a  time pe- riod  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  Adminis- trator, but  not  more  than 48 months after the  date the  reg- istrant submitted the  commitment. The  Administrator,  on application  of  a   registrant,  may   extend  the   period  pre- scribed 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  reg- istrant, 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 submis- sion  of data under this section for the  other uses of the  pes- ticide established as of the  date of enactment of the  Food Quality Protection Act of 1996  [Aug. 3, 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 pro- duction will be completed before  the  expiration of the extension period;
                      (iii)  the   Administrator has   determined that  such extension will  not  significantly delay the   Administra- tor's  schedule for issuing a reregistration  eligibility de- termination required under this section; and
                      (iv)  the  Administrator has   determined that  based on   existing  data,  such   extension  would   not   signifi- cantly increase the   risk of  any   unreasonable adverse effect   on   the    environment. 4 - 1    If   the    Administrator grants an  extension under this subparagraph, the  Ad- ministrator 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  Adminis- trator 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. Notwith- standing the  provisions of this subparagraph, the  Ad- ministrator may   take  action to  modify   or  revoke the extension under  this  subparagraph  if  the   Adminis- trator determines that the  extension for the  minor use may  cause an  unreasonable adverse effect  on the  envi- ronment.  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

          4 - 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.


                      established by the  Administrator for  submission of the data.
                  (5) CANCELLATION AND REMOVAL. -- 
                      (A) If  the   registrant of a  pesticide does  not  submit a
                  notice   under  paragraph  (2)  or   (3)  within  the   time  pre-
                  scribed by  paragraph (4)(A),  the  Administrator shall issue a  notice   of  intent to  cancel the   registration of  such   reg- istrant 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  per- son.
                      (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  con- taining 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 in- tent to  cancel the  registrations of all  pesticides containing such   active ingredient and   shall provide 60  days   for  com- ment on such  notice.
                  (ii)  After  the  60-day period has   expired, the  Adminis- trator, 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 fur- nishes 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) has  been  paid.
              (6) SUSPENSIONS  AND PENALTIES. -- The Administrator shall issue a  notice   of  intent to  suspend the   registration of  a  pes- ticide 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  Adminis- trator within such  time period. If  the  registrant does  not  com- mit  to  support a  specific  minor use  of the  pesticide, but  is sup- porting and  providing data in  a timely and  adequate fashion to


              support uses of the  pesticide on a food, or if all  uses of the  pes- ticide 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 pur- suant to  this paragraph in  regard to  such   unsupported minor use  until the  final  deadline established as  of the  date of enact- ment of the  Food  Quality Protection Act of 1996  [Aug.  3, 1996], for  the  submission of data under this section for  the  supported uses identified pursuant to this paragraph unless the  Adminis- trator 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  Fed- eral Register a notice  of the  receipt of the  request and  the  effec- tive  date upon  which  the  uses not  being  supported will  be  vol- untarily  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   af- fected  products with the  minor and  other uses and  shall inform the  public  of such  action in accordance with section 6(f)(2). Not- withstanding this subparagraph, the  Administrator may  deny, modify,   or  revoke  the   temporary extension under  this  para- graph 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  Ad- ministrator  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  registra- tion.
              (e) PHASE THREE. -- 
              (1) INFORMATION ABOUT STUDIES. -- Each registrant of a pes- ticide that contains an  active ingredient listed under subpara- graph (B),  (C),  or  (D) of subsection (c)(2) who  has  submitted a notice   under subsection (d)(2)  of  an  intent to  seek   the   rereg- istration 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 in-
                  gredient previously submitted by  the  registrant in  support of the  registration of a  pesticide containing such  active in- gredient 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 in- gredient previously submitted by  the  registrant in  support of the  registration of a  pesticide containing such  active in- gredient that may  not  comply  with the  requirements of sec- tion   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, mutage- nicity, neurotoxicity, teratogenicity, or residue chemistry of the  active ingredient that were  submitted to  the  Adminis- trator 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  be- fore  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)  indi- cating 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  Adminis- trator  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   out- standing 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  com- mitment under clause (i) to  submit such  data, and  an offer  to  submit to  arbitration as  described by  section
                      3(c)(2)(B) with regard to such  cost  sharing; and
                      (I)  evidence  of  compliance  with  section  3(c)(1)(D)(ii)
                  and    regulations  issued  thereunder  with  regard  to   pre-
                  viously submitted data as  if the  registrant were  now  seek-
                  ing  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  list-
                      ing  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  list-
                      ing  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  list-
                      ing  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  Adminis- trator, but  not  more  than 48 months after the  date the  reg- istrant submitted the  commitment under such   paragraph. The  Administrator, on  application of a  registrant, may  ex- tend 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  appli- cation 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 en- actment of the  Food  Quality Protection Act  of 1996  [Aug.
                  3, 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 pro- duction will be completed before  the  expiration of the extension period;
                      (iii)  the   Administrator has   determined that  such extension will  not  significantly delay the   Administra- tor's  schedule for issuing a reregistration  eligibility de- termination required under this section; and
                      (iv)  the  Administrator has   determined that  based on   existing  data,  such   extension  would   not   signifi- cantly increase the   risk of  any   unreasonable adverse effect   on   the    environment. 4 - 2    If   the    Administrator grants an  extension under this subparagraph, the  Ad- ministrator 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  Adminis- trator 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. Notwith- standing the  provisions of this subparagraph, the  Ad- ministrator may   take  action to  modify   or  revoke the extension under  this  subparagraph  if  the   Adminis- trator determines that the  extension for the  minor use may  cause an  unreasonable adverse effect  on the  envi- ronment.  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

          4 - 2 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.


                      established by the  Administrator for  submission of the data.
                  (3) CANCELLATION. -- 
                      (A) If  the  registrant of a  pesticide fails  to  submit the
                  information required by paragraph (1) within the  time pre-
                  scribed by  paragraph (2),  the  Administrator, by  order and without hearing, shall cancel the  registration of such  pes- ticide. If  the  registrant does  not  commit to  support a  spe- cific minor use  of the  pesticide, but  is  supporting and  pro- viding 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  sup- porting and  providing data in  a  timely and  adequate fash- ion  to  support other nonfood  uses of the  pesticide, the  Ad- ministrator, at the  written request of the  registrant, shall not  take any  action pursuant  to  this subparagraph in  re- gard to  such   unsupported minor use  until the  final   dead- line   established as  of  the   date of  enactment of  the   Food Quality Protection Act  of 1996  [Aug.  3,  1996],  for  the  sub- mission of data under this section for  the   supported uses identified pursuant  to  this  subparagraph unless the   Ad- ministrator determines that the  absence of the  data is  sig- nificant enough to  cause human health or  environmental concerns. On  the  basis of such  determination, the  Adminis- trator may   refuse  the   request  for  extension  by  the   reg- istrant. Upon  receipt of the  request from  the  registrant, the Administrator shall publish in  the  Federal Register a  no- tice  of the  receipt of the  request and  the  effective date upon which  the  uses not  being  supported will  be  voluntarily de- leted from   the   registration pursuant  to  section 6(f)(1).  If the  Administrator grants an  extension under this subpara- graph, 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   reg- istrant 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  contin- ued   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  re- voke  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  infor- mation  required  by  paragraph  (1)  within  the   time  pre- scribed  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  con- form  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   reg- istrant a  reasonable period of time to  make any  necessary
                  changes or corrections.
                  (iii)(I)  If  the   Administrator determines that  the   reg- istrant 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  hear- ing  or  further notice  at the  end  of 30  days  after receipt by the   registrant of the   notice   unless during that  time a  re- quest for a hearing is made by the  registrant.
                  (III)  If  a  hearing is  requested, a  hearing shall be  con- ducted 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  deter- mination 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 [December 24,  1988],  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 sec- tion  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 re- quired under paragraph (1).
              (f) PHASE FOUR. -- 
                  (1)   INDEPENDENT    REVIEW   AND   IDENTIFICATION    OF     OUT-
              STANDING 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  re- view   of  the   Administrator under this subparagraph, the Administrator may  require a  registrant seeking reregistra- tion    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 re- quirements 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 sec-


                  tion.  The  Administrator, at the  same time, shall issue a no- tice  under section 3(c)(2)(B)  for the  submission of the  addi- tional 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  ac- tive  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  ac- tive  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  ac- tive  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  rea- sonable  period  of  time,  as   determined  by  the   Adminis- trator, but   not  to  exceed   48  months after the   issuance of such   notice.  The   Administrator,  on  application  of  a  reg- istrant, may  extend the  period prescribed by the  preceding sentence by no more  than 2 years if extraordinary cir- cumstances  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  sub- paragraph 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  [Aug. 3, 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 pro- duction will be completed before  the  expiration of the extension period;
                      (iii)  the   Administrator has   determined that  such extension will  not  significantly delay the   Administra- tor's  schedule for issuing a reregistration  eligibility de- termination required under this section; and
                      (iv)  the  Administrator has   determined that  based on   existing  data,  such   extension  would   not   signifi- cantly increase the   risk of  any   unreasonable adverse effect   on   the    environment. 4 - 3    If   the    Administrator grants an  extension under this subparagraph, the  Ad- ministrator shall monitor the  development of the  data

          4 - 3 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.

                      schedule for the  production of the  data. If the  Adminis- trator 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. Notwith- standing the  provisions of this subparagraph, the  Ad- ministrator may   take  action to  modify   or  revoke the extension under  this  subparagraph  if  the   Adminis- trator determines that the  extension for the  minor use may  cause an  unreasonable adverse effect  on the  envi- ronment.  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.
              (3) SUSPENSIONS  AND PENALTIES. -- The Administrator shall issue a  notice   of  intent to  suspend the   registration of  a  pes- ticide in  accordance with the  procedures prescribed by  section
              3(c)(2)(B)(iv)  if the  Administrator determines that (A) tests nec- essary to  fill  an   outstanding data  requirement for  such   pes- ticide have not  been  initiated within 1 year after the  issuance of  a  notice   under paragraph (1)(B),  or  (B)  progress is  insuffi- cient to  ensure submission of the  data referred to  in  clause (A) within the  time period prescribed by paragraph (2)(B) or the  re- quired  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   pro- viding 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  [Aug.  3, 1996],  for the  sub- mission of data under this section for the  supported uses identi- fied pursuant to this paragraph unless the  Administrator deter- mines that  the   absence  of  the   data is  significant  enough  to cause human health or  environmental  concerns. On  such  a  de- termination the   Administrator may  refuse the   request for  ex- tension by the  registrant. Upon  receipt of the  request from  the registrant, the  Administrator shall publish in  the  Federal  Reg- ister a notice  of the  receipt of the  request and  the  effective date upon  which  the  uses not  being  supported will  be voluntarily de- leted from  the  registration pursuant to section 6(f)(1). If the  Ad- ministrator grants an  extension under this paragraph, the  Ad- ministrator  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  Ad-

              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   af-
              fected  products with the  minor and  other uses and  shall inform
              the  public  of such  action in accordance with section 6(f)(2). Not-
              withstanding this subparagraph, the  Administrator may  deny,
              modify,   or  revoke  the   temporary extension under  this  para-
              graph 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  Ad-
              ministrator  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  registra-
              tion.
              (g) PHASE FIVE. -- 
                  (1) DATA  REVIEW. -- The Administrator shall conduct a thor-
              ough  examination of all  data submitted under this section con-
              cerning an  active ingredient listed under subsection (c)(2) and
              of all  other available data found  by the  Administrator to be rel-
              evant.
                  (2) REREGISTRATION AND OTHER ACTIONS. -- 
                      (A) IN   GENERAL. -- The Administrator shall make a  de-
                  termination as  to eligibility for reregistration -- 
                          (i)  for  all  active ingredients  subject to  reregistra-
                      tion  under this section for  which  tolerances or  exemp-
                      tions from  tolerances are   required under the   Federal
                      Food,  Drug, and  Cosmetic Act  (21  U.S.C.  301  et  seq.),
                      not  later than the  last date for tolerance reassessment
                      established  under  section 408(q)(1)(C) of  that Act  (21
                      U.S.C.  346a(q)(1)(C)); and
                          (ii) for all  other active ingredients subject to rereg-
                      istration under this section, not  later than October 3,
                      2008.
                      (B) PRODUCT-SPECIFIC  DATA. -- 
                          (i)  IN   GENERAL. -- Before reregistering  a  pesticide,
                      the  Administrator shall obtain any  needed product-spe-
                      cific  data  regarding the   pesticide  by  use   of  section
                      3(c)(2)(B)  and   shall  review such   data within 90  days
                      after its  submission.
                          (ii) TIMING. -- 
                              (I) IN   GENERAL. -- Subject to  subclause (II),  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.
                              (II)   EXTRAORDINARY  CIRCUMSTANCES. -- In  the
                          case  of extraordinary circumstances, the  Adminis-
                          trator may   provide  such   a  longer  period,  of  not
                          more   than 2  additional  years,  for  submission  of
                          data  to   the   Administrator  under  this  subpara-
                                                 graph.
                                       
                  (1) for  each  active ingredient of a  pesticide and  the  review required by subparagraph (B) of this paragraph, the  Ad- ministrator  shall determine whether to  reregister a  pes- ticide by determining whether such  pesticide meets the  re- quirements of  section 3(c)(5).  If  the   Administrator deter- mines that a pesticide is eligible to be reregistered, the  Ad- ministrator shall reregister such  pesticide within 6 months after the  submission of the  data concerning such  pesticide under subparagraph  (B).
                      (D) DETERMINATION TO  NOT REREGISTER. -- 
                          (i)   IN     GENERAL. -- If  after   conducting  a   review
                      under paragraph (1) or  subparagraph (B) of this para-
                      graph the   Administrator determines that  a  pesticide
                      should  not   be   reregistered,  the   Administrator shall
                      take appropriate regulatory action.
                          (ii)  TIMING  FOR  REGULATORY ACTION. -- Regulatory
                      action under  clause (i)  shall be  completed as  expedi-
                      tiously as  possible.
                      (E)  As  soon  as  the  Administrator has   sufficient infor-
                  mation with respect to  the  dietary risk of a  particular  ac-
                  tive  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   exemp-
                      tion  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 ex-
                      emptions should be issued;
                          (iv) publish in the  Federal Register a notice  setting
                      forth  the   determinations  made  under  this  subpara-
                      graph; 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  determina-
                      tions.
              (h)  COMPENSATION  OF   DATA   SUBMITTER. -- If data that  are  sub-
          mitted by  a  registrant under subsection (d),  (e),  (f), or  (g) are  used
          to  support the   application of  another  person under section 3,  the
          registrant who  submitted such  data shall be  entitled to  compensa-
          tion  for  the  use  of such  data as  prescribed by  section 3(c)(1)(D).  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  ac-
              tive   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  collec-
              tively  pay  a  fee  of $50,000 on  submission of information under
              paragraphs (2) and  (3) of subsection (d) 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 collec- tively  pay  a fee of $100,000 -- 
                      (i)  on  submission  of  information  for  such   ingre- dient  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  Admin-
                  istrator. 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  reg-
                  istered 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  pes-
                  ticides that  are   registered solely   for  agricultural or  non-
                  agricultural minor uses, or a  pesticide the  value or volume
                  of use  of which  is small, shall be exempt from  the  fees  pre-
                  scribed 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  deter-
                  mines,  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  con-


                  tained only  in  pesticides that  are   not   registered for  any food or feed  use  and  that are -- 
                      (i) sanitizers intended to reduce the  number of liv- ing  bacteria or viable virus particles on inanimate sur- face 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  irrevers- ibly  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 sub-
                  section, in  the  case  of a  small business registrant of a  pes-
                  ticide, the  registrant shall pay  a  fee  for  the  reregistration
                  of each  active ingredient of the  pesticide that does  not  ex-
                  ceed  an  amount determined in  accordance with this  sub-
                  paragraph.
                      (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  unin-
                  corporated business that -- 
                          (I) has  150 or fewer  employees; and
                          (II)  during the   3-year  period prior  to  reregistra-
                      tion,  had  an  average annual gross  revenue from  chemi-
                      cals  that did  not  exceed  $40,000,000.
                  (5) MAINTENANCE FEE. -- 
                      (A)  IN    GENERAL. -- Subject  to  other  provisions of  this
                  paragraph, each  registrant of a  pesticide shall pay  an  an-
                  nual fee  by  January 15  of each  year for  each  registration,
                  except that no  fee  shall be  charged for  more  than 200  reg-
                  istrations 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  para-
                  graph if  the  Administrator determines that the  fee  would
                  significantly reduce the  availability of the  pesticide for  the
                  use.
                  (C)  TOTAL  AMOUNT  OF   FEES. -- 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  ag-


                  gregate amount of $22,000,000 for each  of fiscal  years 2008 through 2012 4 - 4
                  (D) 4 - 5  MAXIMUM AMOUNT OF   FEES  FOR REGISTRANTS. --  The   maximum annual  fee  payable under this paragraph by -- 
                      (i) 4 - 6  a  registrant  holding not  more   than 50  pes- ticide registrations  shall be  $71,000 for  each   of fiscal years 2008  through 2012;  and
                      (ii) 4 - 7   a  registrant  holding over   50  registrations shall be $123,000 for each  of fiscal  years 2008  through
                      2012.
                      (E)   4 - 8MAXIMUM  AMOUNT   OF    FEES   FOR  SMALL  BUSI-
                  NESSES. -- 
                      (i)  IN   GENERAL. -- For  a  small business, the   max- imum annual fee payable under this paragraph by -- 
                          (I) a  registrant  holding not  more  than 50  pes- ticide registrations shall be $50,000 for each  of fis- cal years 2008  through 2012;  and
                          (II)  a  registrant  holding over  50  pesticide reg- istrations shall be  $86,000 for  each  of fiscal  years
                                          2008  through  2012.
                          (ii) DEFINITION OF  SMALL BUSINESS. -- 
                          (I) IN  GENERAL. -- In clause (i), the  term ``small business'' means a corporation, partnership, or un- incorporated business that -- 
                                  (aa)  has  500 or fewer  employees; and
                              (bb)  during the  3-year period prior to  the most  recent maintenance fee  billing cycle,  had an  average annual global   gross   revenue  from pesticides that did  not  exceed  $60,000,000.
                                             (II) AFFILIATES. -- 
                              (aa)  IN   GENERAL. -- In the   case   of  a  busi- ness entity with 1 or more  affiliates, the  gross revenue  limit  under  subclause  (I)(bb)   shall apply to  the  gross   revenue for  the  entity and all  of the  affiliates of the  entity, including par- ents and  subsidiaries, if applicable.
                              (bb)   AFFILIATED   PERSONS. -- For  the   pur- pose  of item (aa),  persons are  affiliates of each other if, directly or indirectly, either person controls or  has  the  power  to  control the  other person, or  a  third  person controls or  has   the power  to control both  persons.
                              (cc)  INDICIA   OF    CONTROL. -- For  the   pur- pose   of  item  (aa),   indicia  of  control  include

          4 - 4 Lack   of period is  so  in  original (as  amended by  sec.  4(a)  of P.L.  110-94). Probably should add  a period at the  end.
            4 - 5 Title  II of the  Emergency Wartime Supplemental Appropriations Act, 2003,  P.L.  108 - 
          11,  117  Stat. 603,  provided that ``Within  30  days  of enactment of this Act,  the  Adminis- trator of  the   Environmental  Protection Agency  shall adjust each   `maximum annual  fee payable' pursuant  to 7 U.S.C.  136a - 1(i)(5)(D) and  (E) in  a manner such  that maintenance fee collections made to reach the  level  authorized in  division K of Public Law  108 - 7  shall be  established in  the  same proportion as  those maintenance fee  collections authorized in Public Law  107 - 73.''.
            4 - 6 Subclause margins are   so  in  original (as  added by  sec.  501(c)(1)(B)(ii) of P.L.  108 - 
          199).  Probably should be further indented.
            4 - 7 Subclause margins are  so  in  original (as  added by  sec.  501(c)(1)(B)(iii) of P.L.  108 - 
          199).  Probably should be further indented.
            4 - 8 See  note  4 - 4.


                              interlocking management  or  ownership, iden- tity     of   interests    among   family   members, shared facilities and   equipment, and   common use  of employees.
                  (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 4 - 9  Services, the  Administrator deter- mines,  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.
                  (G)  If  any   fee  prescribed by  this  paragraph  with re- spect to the  registration of a pesticide is not  paid  by a reg- istrant 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, 2012.
                  (6) OTHER  FEES. -- Except as  provided in  section 33,  during
              the  period beginning on the  date of enactment of this section [October 25,  1988]  and  ending on  September 30,  2014,  the  Ad- ministrator may  not  levy  any  other fees  for  the  registration of a pesticide under this Act except as  provided in  paragraphs  (1) through (5).
                  (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 in- gredient 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  ac- tive  ingredient shall pay  fees  in  accordance with para- graph (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  con- taining  such   active  ingredient   collectively pay   more than 25 percent of the  total active ingredient rereg- istration fee.
                  (B) The  Administrator, by order, may  require any  reg- istrant to  submit such  reports as  the  Administrator deter- mines  to   be   necessary  to   allow    the    Administrator   to determine and  apportion fees  under this subsection, to  de- termine the  registrant's eligibility for a reduction or waiver of a fee, or to determine the  volume usage for public  health pesticides.

            4 - 9 So in original (as  added by sec. 232(2)  of P.L.  104 - 170). Probably should be ``Human''.


                  (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  sub- section, 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 reappor- tion   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) (other than subsection (i)(5)) regard- ing  data concerning an  active ingredient and  fees  for review of such data shall not  apply to  any  person who  is  the  registrant of a  pes- ticide 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 reg- istration 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. 4 - 10
                  (2) 4 - 11  SOURCE AND USE. -- 
                      (A) All  moneys derived from  fees  collected by  the  Ad-
                  ministrator  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 re-
                  registration and   expedited  processing  of  the   applications
                  specified in  paragraph (3)  and   to  offset   the   costs   of  reg-
                  istration  review under  section 3(g).  Such   moneys derived
                  from  fees  may  not  be expended in  any  fiscal  year to the  ex-
                  tent 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 -- 
                      (i) effective October 1, 1997,  adopt specific  and  cost accounting rules and  procedures as  approved by  the General Accounting Office  [General  Accountability  Of- fice] 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) and  to  offset  the  costs  of registration review under section 3(g) in the  same portion as  appro- priated funds;

            4 - 10 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.
          4 - 11 Sec.  501(c)  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.


                      (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  to offset  the costs  of registration review under section 3(g); and
                      (iii) ensure that personnel and  facility costs  associ- ated with the  functions to be carried out  under this paragraph  do   not   exceed   agency  averages  for   com- parable personnel and  facility costs.
                      (B) The  Administrator shall also -- 
                      (i)  complete the   review of  unreviewed reregistra- tion  studies required to support the  reregistration eli- gibility  decisions scheduled  for  completion  in  accord- ance  with subsection (l)(2); and
                      (ii) contract for  such  outside assistance as  may  be necessary for review of required studies, using a gen- erally accepted competitive process for  the  selection of vendors of such  assistance.
              (3) REVIEW  OF   INERT  INGREDIENTS; EXPEDITED  PROCESSING OF  SIMILAR APPLICATIONS. -- 
                  (A) The  Administrator shall use  for  each  of the  fiscal years 2004   through 2006,   approximately  $3,300,000, and for each  of fiscal  years 2008  through 2012,  between 1⁄8   and
                  1⁄7, of the  maintenance fees  collected in  such  fiscal  year 4 - 12
                  to obtain sufficient personnel and  resources -- 
                          (i)  to  review and   evaluate new  inert ingredients;

                                                                            and

(ii)  to  ensure the  expedited processing and  review

                      of any  application that --  --  4 - 13
                          (I) proposes the  initial or amended registration of an  end-use pesticide that,  if  registered as  pro- posed,   would   be  identical or  substantially similar in   composition  and   labeling  to   a   currently-reg- istered  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   environ- ment;
                          (II)  proposes  an   amendment to  the   registra- tion  of a  registered pesticide that does  not  require scientific review of data; or
                          (III)  proposes the  initial or  amended registra- tion  of an  end  use  pesticide that,  if  registered as proposed, would   be  used for  a  public   health  pes- ticide.

            4 - 12 P.L.  107 - 73 (115  Stat. 686)  amended sec.  4(k)(3)(A)  by striking ``2001'' and  inserting
          ``2002''; and   by  striking ``1⁄7''  and   inserting ``1⁄10''.  In  an  earlier enactment, 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  earlier amendment was  executed to  this Act,  and  to  strike ``$2 million'',  to  effectuate the  probable intent of Congress.
          4 - 13 So in  original (as  added by sec.  501(e)(2)(C) of division G of P.L.  108 - 199). Probably should be no indent before  ``that''.


                  (B)  Any  amounts made available under subparagraph (A)  shall  be  used  to  obtain  sufficient personnel  and   re- sources to carry out  the  activities described in such  sub- paragraph that are   in  addition to  the   personnel and   re- sources available to carry out  such  activities on the  date of enactment of this section [October 25, 1988].
                  (C) 4 - 14  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  [Aug.  3, 1996],  the  Adminis- trator shall use  the  full  amount of the  fees  specified in sub- paragraph (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 need- ed 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 in- struments that are  lawful investments for  fiduciary, trust, or public  funds.
              (5) 4 - 15     ACCOUNTING    AND   PERFORMANCE. -- The  Adminis- trator  shall take all  steps  necessary to  ensure that  expendi- tures 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 des- ignated 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  fi- nancial 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 appro- priated to  match such   fees,  and   of the  Administrator's attain- ment 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 dis- closures of  direct and   indirect costs   associated with carrying out  the  reregistration and  expedited processing of the  applica- tions specified in  paragraph (3), and  the  basis for and  accuracy of all  costs  paid   with moneys derived from  such   fees.  The  In- spector General shall conduct the  annual audit and  report the

            4 - 14 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  exe- cuted to this Act to effectuate the  probable intent of Congress.
          4 - 15 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.


              findings and   recommendations of  such   audit to  the   Adminis- trator 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).
          (l) 4 - 16  PERFORMANCE MEASURES AND GOAL. -- The Administrator shall establish and  publish annually in the  Federal Register per- formance  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  ag- gregate status of tolerances reassessed, and  the  number of ap- plications  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  sub- section (g)(2)(A) and  (B) in  the  current fiscal  year and  the  suc- ceeding fiscal  year;  and
              (3)  the   projected year of completion of the   reregistrations under this section.
          (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, ``Sec- retary''   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 protec- tion  uses, the  Administrator shall, upon  timely request by  the registrant or any  other interested person, or on the  Administra- tor'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  sig- nificance as  to  warrant a  commitment by the  Secretary to  con- duct  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  inter- est,  the  Administrator shall notify   the  Secretary and   shall, to the   extent  necessary,  amend  a   notice   issued  under  section

          4 - 16 Sec.  501(f)  of P.L.  104 - 170 amended sec.  4 (7 U.S.C.  136a - 1) by  redesignating sub- secs.  (l) and  (m) as  subsecs. (m) and  (n), respectively, and  inserting a new  subsec. (l), with- out  specifying the  Act  that was  being   amended. The  amendments were  executed to  this Act to effectuate the  probable intent of Congress.


              3(c)(2)(B)  to  specify  additional reasonable time periods for  sub- mission of the  data.
              (5)  ARRANGEMENTS. -- The Secretary  shall  make  such   ar- rangements 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  Adminis- trator. Such  arrangements may  include Public Health Service intramural research activities, grants, contracts, or  cooperative agreements  with  academic, public   health, or  other  organiza- tions qualified by experience and  training to conduct such  stud- ies.
              (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 ap- propriate authorities. After  a determination is made under sub- section (d), the  Secretary shall notify  the  Committees on Appro- priations of the  House of Representatives and  the  Senate of the sums required to conduct the  necessary studies.
              (7)  AUTHORIZATION  OF   APPROPRIATIONS. -- There is  author- ized  to be appropriated to carry out  the  purposes of this section
              $12,000,000 for fiscal  year 1997,  and  such  sums as  may  be nec- essary for succeeding fiscal  years.
          SEC.  5. ø7 U.S.C. 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  de- termination 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  appli- cant of such   notification. The  Administrator may  issue an  experi- mental 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 ap- plication for  an  experimental use  permit may  be  filed  at any  time. (b) TEMPORARY TOLERANCE  LEVEL. -- If the  Administrator deter- mines that the  use  of a pesticide may  reasonably be expected to re- sult in  any  residue on or in  food or feed,  the  Administrator may  es- tablish 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  experi- mental use  permit shall be  under the  supervision of the  Adminis- trator, and  shall be subject to such  terms and  conditions and  be for such  period of time as  the  Administrator may  prescribe in  the  per- mit.
          (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 unrea- sonable adverse effects  on the  environment. All results of such  stud- ies  shall be reported to the  Administrator before  such  pesticide may be registered under section 3.

          mental use  permit, at any  time, if the  Administrator finds  that its terms or  conditions are  being  violated, or  that its  terms and  condi- tions are  inadequate to avoid  unreasonable adverse effects  on the environment.
          (f)  STATE  ISSUANCE   OF    PERMITS. -- Notwithstanding  the   fore- going  provisions of this section, the  Administrator shall, under such terms and  conditions as  the  Administrator may  by regulations pre- scribe, 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 experi- mental use  permits under this section.
          (g) EXEMPTION FOR AGRICULTURAL RESEARCH AGENCIES. -- Not- withstanding the  foregoing provisions of this section, the  Adminis- trator may  issue an  experimental use  permit for  a  pesticide to  any public  or  private agricultural research agency or  educational insti- tution which  applies for  such  permit. Each permit shall not  exceed more  than a  one-year period or  such  other specific  time as  the  Ad- ministrator may  prescribe. Such  permit shall be  issued under such terms and  conditions restricting the  use  of the  pesticide as  the  Ad- ministrator may  require. Such  pesticide may  be  used only  by  such research  agency or  educational institution  for  purposes of  experi- mentation.
          SEC.  6. ø7 U.S.C. 136d¿ ADMINISTRATIVE REVIEW;  SUSPENSION.
              (a) EXISTING  STOCKS AND INFORMATION. --  6 - 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 sec- tion  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 re- garding unreasonable adverse effects  on the  environment of the pesticide, the  registrant shall submit such  information to the Administrator.
          (b)  CANCELLATION  AND  CHANGE  IN   CLASSIFICATION. -- If it ap- pears to  the  Administrator that a  pesticide or  its  labeling or  other material required to  be  submitted does  not  comply  with the  provi- sions  of this Act  or,  when used in  accordance with widespread and commonly recognized practice,  generally  causes  unreasonable  ad- verse effects  on the  environment, the  Administrator may  issue a no- tice  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  reg- istration should be canceled or its  classification changed.
          Such  notice  shall be  sent to  the  registrant and  made public. In  de- termining 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 agri- cultural commodities, retail food prices, and  otherwise on  the  agri-

          6 - 1 Sec.  106(a)(1) of P.L.  104 - 170 amended  subsec. (a)  by  striking the  heading and   in- serting ``(a) EXISTING  STOCKS  AND  INFORMATION. -- ''.  The  second subsec. designation  for
          ``(a)'' was  omitted to effectuate the  probable intent of Congress.

          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  agricul- tural  economy. If the  Secretary comments in  writing to  the  Admin- istrator regarding the  notice  and  analysis within 30  days  after re- ceiving   them, the  Administrator shall publish in  the  Federal  Reg- ister (with   the   notice) the   comments of the   Secretary and   the   re- sponse  of  the   Administrator with regard  to  the   Secretary's  com- ments. If the  Secretary does  not  comment in  writing to  the  Admin- istrator regarding the  notice  and  analysis within 30  days  after re- ceiving   them,  the   Administrator  may   notify   the   registrant  and make public  the  notice  at any  time after such  30-day period not- withstanding the  foregoing 60-day time requirement.  The  time re- quirements 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 deter- mines 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 sub- section (b) and  of submission to the  Scientific Advisory Panel pursu- ant to  section 25(d)  and  proceed in  accordance with subsection  (c). When a  public   health use  is  affected, the  Secretary of Health and Human Services should provide available benefits and  use  informa- tion,  or  an  analysis thereof, in  accordance with the  procedures  fol- lowed  and  subject to  the  same conditions as  the  Secretary of Agri- culture in  the   case  of agricultural  pesticides. 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  re- quest 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 deci- sion  pertaining to  registration or  classification issued after comple- tion  of such  hearing shall be final. In  taking any  final  action under this subsection, the  Administrator shall consider restricting a  pes- ticide'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  ac- tion   on  production  and   prices  of  agricultural  commodities, retail food prices, and  otherwise on the  agricultural economy, and  the  Ad- ministrator  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 re- quired 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 under this subsection un- less  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

              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  ac- cordance 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  sub- mitted 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 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  evi- dence  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  de- termines that an  emergency exists that does  not  permit the  Ad- ministrator to  hold  a  hearing before  suspending, the  Adminis- trator 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  pes- ticide 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  emer- gency  order, the  emergency order shall expire. In  the  case  of an emergency order, paragraph  (2) shall apply except that (A) the order of 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 ex- cept  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 sus- pension  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  Ad- ministrator shall be  subject to  immediate review in  an  action by  the   registrant or  other interested  person with the   concur- rence of the   registrant in  an  appropriate  district  court, solely to determine whether the  order of suspension was  arbitrary,  ca- pricious 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  ef- fectiveness of  the   suspension  order,  pending the   Administra-


              tor's  final  decision with respect to  cancellation or  change in classification.  This   action may   be  maintained  simultaneously with any  administrative  review proceeding 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 rel- evant 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  tes- timony 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  wit- ness or the  content of documents produced and  shall order the  pay- ment 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 be- fore  the   hearing  record is  closed  refer to  a  Committee of the   Na- tional 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  Com- mittee 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  Adminis- trator 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 re- quired by  the   Administrator for  carrying out  the   purposes of this Act.  As soon  as  practicable after completion of the  hearing (includ- ing  the   report of the   Academy) but   not  later than 90  days   there- after, the  Administrator shall evaluate the  data and  reports before the  Administrator and  issue an  order either revoking the  Adminis- trator's notice  of intention issued pursuant to  this section, or  shall issue an  order either canceling the  registration, changing the  classi- fication, 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  can- cel  a  registration issued under section 3(c)(7)  of this Act  if (A) the  Administrator, at any  time during the  period provided for satisfaction of any  condition imposed, determines that  the  reg- istrant has  failed  to  initiate and  pursue appropriate  action to-


              ward 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  sub- section to such  extent, under such  conditions, and  for such  uses as  the   Administrator may   specify   if  the   Administrator deter- mines that such   sale   or  use  is  not  inconsistent with the   pur- poses  of this Act and  will not  have unreasonable adverse effects on the  environment.
              (2) A cancellation proposed under this subsection shall be- come  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  mat- ters for  resolution at that  hearing shall be  whether the   reg- istrant 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 determina- tion   with respect to  the   disposition of  existing stocks is  con- sistent with this Act.  A decision after completion of such  hear- ing  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  pes- ticide 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   ad- versely 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   re- quest; and
                      (ii) may  not  approve or reject the  request until the termination  of  the   180-day  period  beginning  on  the date of  publication of  the   notice   in  the   Federal  Reg- ister,  except that  the   Administrator  may   waive   the
                      180-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 ef- fect 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 registra- tion,   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  Adminis- trator as  undeliverable at that address, if  delivery is  refused, or if the  Administrator otherwise is unable to accomplish deliv- ery 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  no- tice  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  Ad- ministrator of an  agreement between the  registrant and  a person or  persons (including persons who  so  use  the   pes- ticide) 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 con- formance  with  any    regulations  the    Administrator  may adopt with respect to the  transfer of the  pesticide registra- tions, must be  submitted to  the   Administrator  within  30 days   of the  date of notification provided pursuant  to  sub- paragraph (A). If such  an  application is submitted, the  Ad- ministrator  shall approve the   transfer and   shall not   ap- prove  the  request for voluntary cancellation or amendment to  terminate use  unless the  Administrator determines that the   continued use  of the   pesticide would   cause an  unrea- sonable 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  ap- proval of the  transfer unless the  Administrator determines that the  continued use  of the  pesticide would  cause an  un- reasonable adverse effect  on the  environment.
                  (D)  The  new  registrant of  the   pesticide shall assume the  outstanding data and   other requirements for  the  pes- ticide that are  pending at the  time of the  transfer.
              (4) UTILIZATION  OF   DATA   FOR  VOLUNTARILY CANCELED  PES- TICIDE. -- 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, re- view,  and  evaluate the  pending application as  if the  voluntary cancellation had  not  yet  taken place  except that the  Adminis- trator  shall not   take such   action if  the   Administrator deter- mines 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   out- standing data requirements necessary to  support the  rereg- istration of the   pesticide in  accordance with the   data submis- sion  schedule established by the  Administrator.
              (g)  NOTICE  FOR  STORED  PESTICIDES   WITH  CANCELED  OR   SUS-
          PENDED REGISTRATIONS. -- 
                  (1)  IN   GENERAL. -- Any producer  or  exporter of  pesticides,
              registrant of  a  pesticide, applicant  for  registration of  a  pes-
              ticide, 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 no-
              tify  the  Administrator and  appropriate State and  local  officials
              of -- 
                      (A) such  possession,
                      (B)  the   quantity  of  such   pesticide  such   person  pos-
                  sesses, 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 of-
              fice of the  Environmental Protection Agency  which  has  jurisdic-
              tion  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. ø7 U.S.C. 136e¿ REGISTRATION OF ESTABLISHMENTS.
          (a)  REQUIREMENT. -- No person shall produce any  pesticide sub- ject  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  pes-
              ticides 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 cur-
              rent 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   Ad-
              ministrator for  the  purpose of issuing a  stop  sale  order pursu-
              ant to section 13, inform the  Administrator of the  name and  ad-
              dress of  any   recipient of  any   pesticide  produced  in  any   reg-
              istered establishment which  the  producer operates.

          tion   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  estab- lishment shall be considered confidential and  shall be subject to the provisions of section 10.
          SEC.  8. ø7 U.S.C. 136f¿ BOOKS AND  RECORDS.
          (a) REQUIREMENTS. -- The Administrator may  prescribe regula- tions requiring producers, registrants,  and   applicants for  registra- tion  to  maintain such  records with respect to  their operations and the   pesticides  and   devices  produced  as   the   Administrator  deter- mines 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 per- son  who  sells  or  offers  for  sale, delivers or  offers  for  delivery any pesticide or device  subject to this Act,  shall, upon  request of any  of- ficer  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   con- signee; or  (2) in  the  event of the  inability of any  person to  produce records containing such  information, all  other records and  informa- tion  relating to such  delivery, movement, or holding of the  pesticide or  device.  Any  inspection with respect to  any  records and  informa- tion  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. ø7 U.S.C. 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  pes- ticides 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   reg-

          of determining compliance with section 19.
              (2) Before  undertaking such  inspection, the  officers  or  employ-
          ees  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 state-
          ment as  to  the  reason for  the  inspection, including a  statement as
          to whether a violation of the  law  is suspected. If no violation is sus-
          pected, an  alternate and  sufficient reason shall be given  in  writing.
          Each such  inspection shall be  commenced and  completed with rea-
          sonable 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 jurisdic-
          tion  that there is  reason to  believe that the  provisions of this Act
          have been  violated, officers  or employees duly  designated by the  Ad-
          ministrator  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  con-
              signee 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  con-
              taining such  information, all  other records and  information re-
              lating to  such   delivery, movement, or  holding of the   pesticide
              or device;  and
                  (3) the  seizure of any  pesticide or  device  which  is  in  viola-
              tion  of this Act.
              (c) ENFORCEMENT. -- 
                  (1)  CERTIFICATION  OF   FACTS  TO   ATTORNEY  GENERAL. -- The
              examination of pesticides or devices shall be made in  the  Envi-
              ronmental Protection Agency  or elsewhere as  the  Administrator
              may  designate for the  purpose of determining from  such  exami-
              nations 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   con-
              templated  proceedings, and   if  in  the   opinion of  the   Adminis-
              trator it appears that the  provisions of this Act  have been  vio-
              lated 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 pro-
              ceeding under  section  14(a),   when  the   Administrator  deter-

              poses  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   pro-
              ceeding by the  Attorney General.
                  (3)  WARNING  NOTICES. -- Nothing  in  this Act  shall be  con-
              strued as  requiring the  Administrator to  institute  proceedings
              for prosecution of minor violations of this Act whenever the  Ad-
              ministrator believes that the  public  interest will  be  adequately
              served by a suitable written notice  of warning.
                   SEC.    10.   ø7   U.S.C.  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 in- formation  and   (2)  submit such   marked  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 prod- ucts  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  in- spection information which   the   applicant or  registrant  believes to be  protected  from   disclosure under  subsection (b),  the   Adminis- trator shall notify   the   applicant or  registrant, in  writing, by  cer- tified   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  sub- ject  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   environ-
              ment, 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  proc-
                  esses,

                  tecting,  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 confiden- tial  treatment under subsection (b) of this section may  be  pub- licly  disclosed in  connection with a  public  proceeding to  deter- mine   whether  a   pesticide,  or  any   ingredient  of  a   pesticide, causes unreasonable adverse effects   on  health or  the  environ- ment, 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  para- graph (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. Dur-
              ing  such  period the  data submitter may  institute an  action in
              an  appropriate district court to enjoin or limit the  proposed dis-
              closure. 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  unreason- able  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  infor- mation.
          (e) DISCLOSURE TO CONTRACTORS. -- Information otherwise pro- tected from  disclosure to the  public  under subsection (b) of this sec- tion  may  be disclosed to contractors with the  United States and  em- ployees 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 respect- ing  the   information as  the   Administrator shall by  regulation  pre- scribe.


          (f) PENALTY FOR DISCLOSURE BY  FEDERAL  EMPLOYEES. -- (1) Any office 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 re- spect 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  sub- section (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 in- formation 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 deliv- ering 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  per- son  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 determina- tion  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  appli- cant 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  sub- section.
                   SEC.  11.  ø7 U.S.C. 136i¿ USE OF RESTRICTED USE PESTICIDES; APPLI- CATORS.
              (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  certifi- cation of applicators of pesticides. Such  program shall conform to  the  requirements  imposed upon  the  States under the  provi-


              sions   of subsection (a)(2)  of this section and   shall not  require private applicators to take any  examination to establish  com- petency 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 avail- able   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  per- son  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  be regulation prescribe. Subject to para- graph (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 pes- ticides, or  to  the  use  and   handling of the  pesticide or  class   of pesticides covered by such  individual's certification. The  certifi- cation standard  for  a  private applicator shall, under  a  State plan submitted for  approval, be  deemed fulfilled by  the  appli- cator 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   Adminis- trator so  long  as  the  program does  not  require the  private ap- plicator 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   pes- ticide dealer participating  in  a  certification program to  be  li- censed under  a  State  licensing program approved by  the   Ad- ministrator.
              (2)  STATE  CERTIFICATION. -- If  any   State, at any   time,  de- sires to  certify applicators  of pesticides, the   Governor of such State shall submit a State plan for such  purpose. The  Adminis- trator  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 respon- sible  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 de- vote  adequate funds to the  administration of the  plan;
                  (D) provides that the  State agency will  make such  re- ports  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 stand- ards for  the   certification of  applicators of  pesticides  con- form  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  sub- mitted 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 pro- gram 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 TECH- NIQUES. -- Standards prescribed by the  Administrator for the  certifi- cation  of  applicators  of  pesticides under  subsection (a),   and   the State plans submitted to  the   Administrator  under  subsection (a), shall  include  provisions  for   making  instructional  materials  con- cerning integrated pest management techniques available to indi- viduals at their request in  accordance with the  provisions of section
          23(c)  of  this Act,  but   such   plans may   not   require that  any   indi- vidual receive instruction  concerning such   techniques or  be  shown to be competent with respect to the  use  of such  techniques. The  Ad-
          ministrator and  States implementing such  plans shall provide that
          all  interested individuals are  notified of the  availability of such  in- structional materials.
          (d)  IN   GENERAL. -- No regulations  prescribed  by  the   Adminis- trator 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 es- tablish separate standards for  commercial and  private applicators.
          SEC.  12.  ø7 U.S.C. 136j¿ UNLAWFUL ACTS.
              (a) IN  GENERAL. -- 
              (1) Except as  provided by subsection (b), it shall be unlaw- ful  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,  ex- cept  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  com-


                  position as  described in  the  statement required in  connec- tion  with its  registration under section 3;
                  (D) any  pesticide which  has  not  been  colored  or  discol- ored  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 re-
                      quired by or under section 5, 7, 8, 11, or 19;
                          (ii)  submit any   reports required by  or  under  sec-
                      tion  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 author-
                  ized  under subsection (b) may  give  a guaranty to the  same
                  effect,  which  guaranty shall contain, in  addition to the  per-
                  son'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, phar-
                  macists, and  other qualified persons, needing such  informa-
                  tion  for the  performance of their duties, in  accordance with
                  such  directions as  the  Administrator may  prescribe, any  in-
                  formation acquired by  authority of this Act  which   is  con-
                  fidential 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  cer-
                  tified  applicator;
                      (G) to  use  any  registered pesticide in  a  manner incon-
                  sistent with its  labeling;
                      (H)  to  use   any   pesticide  which   is  under  an   experi-
                  mental use  permit contrary to  the  provisions of such   per-
                  mit;
                      (I) to violate any  order issued under section 13;
                      (J)  to  violate any   suspension order issued under  sec-
                  tion  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 pursu-
                  ant to  this Act,  any  report filed  under this Act,  or  any  in-
                  formation marked as  confidential and  submitted to the  Ad-
                  ministrator 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  pur-
                  pose  of this Act;
                      (P)  to  use  any  pesticide in  tests on  human beings un-
                  less  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 com-
              plies  with the  other requirements of this Act,  and  in  such  case
              the  guarantor shall be subject to the  penalties which  would  oth-
              erwise attach  to  the   person  holding the   guaranty under the
              provisions of this Act;
                  (2) any  carrier while  lawfully shipping, transporting,  or de-
              livering 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  pro- vided  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  sub- stances 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.  ø7 U.S.C. 136k¿ STOP SALE, USE, REMOVAL, AND  SEIZURE.
          (a)  STOP  SALE, ETC., ORDERS. -- Whenever any  pesticide or  de- vice 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  sus- pended,  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  de- scribed 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  direc- tions for  its  use   differ   in  substance from  the   representa- tions 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 accord- ance  with the  requirements imposed under this Act  and  as  di- rected by  the  labeling, it nevertheless causes unreasonable ad- verse effects  on the  environment.
          In  the  case  of a  plant regulator, defoliant, or  desiccant, used in  ac- cordance 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  de- vice  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


          and  the  execution and  delivery of a  good and  sufficient bond  condi- tioned that the  pesticide or device  shall not  be sold  or otherwise dis- posed  of contrary to the  provisions of the  Act or the  laws  of any  ju- risdiction 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   pro- ceedings in  admiralty, except that  either party may  demand trial by  jury   of  any   issue of  fact  joined   in  any   case,   and   all  such   pro- ceedings shall  be  at the   suit of  and   in  the   name of  the   United States.
          (d) COURT  COSTS, ETC. -- When a  decree of condemnation is  en- tered 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.  ø7 U.S.C. 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  in- cluded under paragraph (1) of this subsection who  holds  or  ap- plies   registered pesticides, or  uses dilutions of registered  pes- ticides, only  to provide a service of controlling pests without de- livering 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  incor-
              porated city  of the  residence of the  person charged.
              (4)   DETERMINATION   OF     PENALTY. -- In determining the amount of the  penalty, the  Administrator shall consider the  ap- propriateness 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  Ad- ministrator finds   that the  violation occurred despite the  exer- cise  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 inabil- ity  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 pro- ducer  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  pes- ticide, 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  impris- oned  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  for- mulas of  products acquired under  the   authority of  section  3, 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.  ø7 U.S.C. 136m¿ INDEMNITIES.
              (a) GENERAL INDEMNIFICATION. -- 
                  (1) IN   GENERAL. -- Except as  otherwise provided in  this sec-
              tion,  if -- 
                      (A) the   Administrator  notifies a  registrant  under sec-
                  tion   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   pes-
                  ticide 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   Ad-
              ministrator finds  that the  person -- 
                      (A) had  knowledge of facts  that, in  themselves, would
                  have shown that  the   pesticide did  not   meet the   require-
                  ments of section 3(c)(5) for registration; and
                      (B) continued thereafter to  produce the  pesticide with-
                  out  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  spe- cific line  item appropriation of funds has  been  made in  advance for the  payment.
              (b)  INDEMNIFICATION  OF   END  USERS, DEALERS, AND  DISTRIBU-
          TORS. -- 
                  (1) END USERS. -- If -- 
                  (A) the   Administrator  notifies a  registrant  under sec- tion   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 sec- tion  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  pes- ticide as  an  end  user, rather than for  purposes of distrib- uting or  selling it or  further processing it for  distribution or  sale, suffered a  loss  by reason of the  suspension or  can- cellation 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  dis- tributor  (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, re- imburse such  person for the  cost  of first acquiring the  pes- ticide 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   pes- ticide 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  sus- pend a  registration or  that an  emergency order of sus- pension 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  sell- er,  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 cancella-
                      tion  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  sub-
                          paragraph (A) to such  person; and
                              (II)  is  and   will  continue to  be  unable to  pro-
                          vide   reimbursement  to  such   person,  as   provided
                          under subparagraph (A), for the  loss  referred to in
                          clause (iii),  as  a  result of the  insolvency or  bank-
                          ruptcy of  the   seller and   the   seller's   resulting  in-
                                 ability 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 re-
                  gard 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  pro-
              vided  under section 1304  of title 31, United States Code.
                  (4)  ADMINISTRATIVE  SETTLEMENT. -- An administrative  set-
              tlement of a  claim  for  such  indemnity may  be  made in  accord-
              ance   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)  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  be-
              fore  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  quan-
              tity   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.   ø7   U.S.C.  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  discre- tion   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  con- troversy as  to the  validity of any  order issued by the  Administrator following  a  public   hearing, any   person who  will  be  adversely  af- fected  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  evi- dence  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  of  the   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  en- force,  and  to prevent and  restrain violations of, this Act.
          (d) NOTICE OF   JUDGMENTS. -- The Administrator shall, by publi- cation in  such  manner as  the  Administrator may  prescribe, give  no- tice  of all  judgments entered in actions instituted under the  author- ity  of this Act.
          SEC.  17.  ø7 U.S.C. 136o¿ IMPORTS AND  EXPORTS.
          (a) PESTICIDES AND DEVICES INTENDED FOR EXPORT. -- Notwith- standing any  other provision this Act,  no  pesticide or  device  or  ac- tive  ingredient used in  producing a pesticide intended solely  for ex- port   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  pro- ducing 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 reg- istered 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   pes-


              ticide 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  offi- cial  of the  government of the  importing country.
          (b) CANCELLATION NOTICES FURNISHED  TO  FOREIGN GOVERN- MENTS. -- Whenever a registration, or a cancellation or suspension of the  registration of a  pesticide becomes effective, or  ceases to  be  ef- fective,  the  Administrator shall transmit through the  State Depart- ment 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  sus- pension  of  the   registration of  the   pesticide  and   information  con- cerning 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 pes- ticides 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  vio-
          lates 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   pes-
          ticide 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   re-
          fused 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. -- 
                  (1)  IN   GENERAL. -- The Administrator  shall, in  cooperation
              with the  Department of State and  any  other appropriate  Fed-
              eral agency, participate and  cooperate in  any  international  ef-
               forts  to develop improved pesticide research and  regulations.
                  (2)  DEPARTMENT  OF    STATE   EXPENSES. -- Any  expenses  in-
              curred by an  employee of the  Environmental  Protection Agency
              who  participates in  any   international  technical, economic, or
              policy  review board,  committee, or  other official  body  that  is
              meeting in  relation to  an  international treaty shall be  paid  by
              the  Department of State.
              (e) REGULATIONS. -- The Secretary of the  Treasury, in  consulta-
          tion  with the  Administrator, shall prescribe regulations for  the  en-
          forcement of subsection (c) of this section.


                   SEC.  18.  ø7  U.S.C. 136p¿ EXEMPTION OF  FEDERAL AND  STATE AGEN- CIES.
          The  Administrator may,   at the   Administrator's  discretion,  ex- empt 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  con- cerned if they request such  determination.
                   SEC.   19.   ø7   U.S.C.  136q¿  STORAGE,  DISPOSAL,  TRANSPORTATION, AND  RECALL.
              (a) STORAGE, DISPOSAL, AND TRANSPORTATION. -- 
                  (1) 	DATA 	REQUIREMENTS 	AND	REGISTRATION 	OF 	PES-
              TICIDES. -- The Administrator may  require under section 3 or  6
              that -- 
                  (A) the  registrant or applicant for registration of a pes- ticide 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 registra- tion  of a pesticide;
                  (B)  the   labeling  of  a  pesticide contain requirements and   procedures  for  the   transportation,  storage, and   dis- posal   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  pes- ticide;  and
                  (C) the  registrant of a pesticide provide evidence of suf- ficient 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  reg-
                  istration 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  reg- istration of which  has  been  suspended; and
                  (C) issue requirements and  procedures for the  disposal of  any   pesticide the   registration of  which   has   been   can- celed.
              (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 quan- tities 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  pes- ticide;  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.
              (4) CONTAINER RECYCLING. -- The Secretary may  promulgate a regulation for the  return and  recycling of disposable pesticide containers used for  the   distribution or  sale   of  registered  pes- ticide products in  interstate commerce. Any  such  regulation re- quiring recycling of disposable pesticide containers shall not apply to  antimicrobial  pesticides (as  defined  in  section  2)  or other pesticide products intended for non-agricultural uses.
              (b) RECALLS. -- 
              (1) IN  GENERAL. -- If the  registration of a pesticide has  been suspended and   canceled under  section 6,  and   if  the   Adminis- trator finds  that recall of the  pesticide is  necessary to  protect health or  the  environment, the  Administrator shall order a  re- call  of the  pesticide in accordance with this subsection.
              (2) VOLUNTARY  RECALL. -- If, after determining under para- graph (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 re- call,  the  Administrator shall request the  registrant of the  pes- ticide 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 para- graph (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  regula- tion  to -- 
                  (A) arrange to  make available one  or  more  storage fa- cilities to receive and  store the  pesticide to which  the  recall program applies, and  inform the  Administrator of the  loca- tion  of each  such  facility;
                  (B)  accept and   store at such   a  facility those existing stocks of such  pesticide that are  tendered by any  other per- son  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  stor- age  facility; and
                  (D)  take such   reasonable steps as  the  regulation may prescribe to inform persons who  may  be holders of the  pes-


                  ticide of the  terms of the  recall regulation and   how  those persons may  tender the  pesticide and  arrange for transpor- tation 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  re- call  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  sub- section (a)  may  require the  recall of existing stocks of the  pes- ticide except as  provided by this subsection.
              (c) STORAGE COSTS. -- 
              (1)  SUBMISSION  OF   PLAN. -- A registrant  who  wishes to  be- come  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  stor- age  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   reg- istrant, the  Administrator shall reimburse the  registrant, on re- quest, 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   Adminis- trator 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  ap- proval of the  plan by the  Administrator or the  date of can- cellation 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 ap- proval of the  plan by the  Administrator or the  date of can- cellation 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  Ad- ministrator 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 ac- cordance 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  sub- stance 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 sub- section (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  [December 24,   1988],   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, includ- ing   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 compli-
              ance  with the  regulations referred to in  paragraph (1) not  later
              than 5 years after the  effective date of this subsection [Decem-
              ber  24, 1988].
              (f) PESTICIDE RESIDUE REMOVAL. -- 
                  (1) PROCEDURES. -- 
                      (A)  Not  later than 3  years after the   effective date  of
                  this  subsection  [December 24,   1988],   the   Administrator
                  shall, in  consultation with  the   heads of  other interested
                  Federal agencies, promulgate regulations prescribing proce-
                  dures and  standards for the  removal of pesticides from  con-
                  tainers prior to disposal.
                      (B) The  regulations may -- 
                          (i)  specify,   for  each   major  type   of  pesticide  con-
                      tainer,  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  con- ditions;
                      (iii) provide for reuse, whenever practicable, or disposal of rinse water and  residue; and
                      (iv) be coordinated with requirements for  the  rins- ing  of containers imposed under the  Solid  Waste Dis- posal  Act (42 U.S.C.  6901  et seq.).
                  (C) The  Administrator may,  at the  discretion of the  Ad- ministrator, exempt products intended solely  for household use  from  the  requirements of this subsection.
              (2) COMPLIANCE. -- Effective beginning 5 years after the  ef- fective  date of this subsection [December 24, 1988],  a State may not  exercise primary  enforcement responsibility under  section
              26, or certify an  applicator under section 11, unless the  Admin- istrator 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  con-
                      tainers;
                          (ii)  the  development and  use  of pesticide formula-
                      tions 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 Fed-
                      eral agencies, State agencies, industry groups, and  en-
                      vironmental 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 [December 24,  1988],  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 regula-
              tion   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  unrea-
              sonable adverse effect  on the  environment.


          SEC.  20.  ø7 U.S.C. 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   pur- poses  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 for- mulate 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  moni- toring plan. The  Administrator shall establish  procedures for  the monitoring  of  man  and   animals  and   their  environment for  inci- dental  pesticide exposure, including, but  not  limited to,  the  quan- tification 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.  ø7  U.S.C. 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 Admin- istrator, 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  Sec- retary 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   suspen- sion  or  cancellation of a  pesticide registration or  any  other actions authorized under this Act,  the  Administrator may,  at the  Adminis- trator'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   Adminis-
          trator 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.  ø7 U.S.C. 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 the Department of Agriculture, any  other Federal agency, and  any  ap- propriate  agency of any  State or  any  political subdivision thereof, in  carrying  out   the   provisions  of  this Act,  and   in  securing uni- formity of regulations.


          SEC.   23.  ø7  U.S.C. 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  In- dian tribe to  cooperate in  the  enforcement of this Act,  and   to assist States and  Indian tribes in  implementing cooperative en- forcement programs through grants-in-aid; and
              (2)  to  assist States in  developing and   administering State programs, and  Indian tribes that enter into  cooperative agree- ments,  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  nec- essary for  the  Administrator to  provide through  cooperative agree- ments an  amount equal to 50 percent of the  anticipated cost  to each State or  Indian tribe, as  agreed to  under such   cooperative agree- ments,  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  In- dian tribe shall be  reduced in  a  like  proportion in  allocating avail- able  funds.
          (b)  CONTRACTS FOR  TRAINING. -- In addition, the  Administrator may  enter into  contracts with Federal, State, or Indian tribal agen- cies  for the  purpose of encouraging the  training of certified applica- tors.
          (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 pes- ticide users about accepted uses and  other regulations made under this Act.
          SEC.  24.  ø7 U.S.C. 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  prohib- ited  by this Act.
          (b) UNIFORMITY. -- Such State shall not  impose or continue in ef- fect  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  Admin- istrator. Such   registration shall be  deemed registration under section 3 for all purposes of this Act, but  shall authorize dis- tribution 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 inten- tion   to  disapprove and   the   reasons therefor, and   provide the State time to  respond. The  Administrator shall not  prohibit or

              section (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  pesticide on the  food or feed.  If the  Adminis- trator determines that a registration issued by a State is incon- sistent with the  Federal Food,  Drug, and  Cosmetic Act,  or  the use  of, a  pesticide under a  registration issued by  a  State  con- stitutes an   imminent hazard,  the   Administrator  may   imme- diately disapprove the  registration.
              (4)  If  the   Administrator  finds, in  accordance with stand- ards 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  ac- cord  with the  purposes of this Act or has  failed  to exercise ade- quate controls, the  Administrator may  suspend the  authority of the  State to register pesticides until such  time as  the  Adminis- trator 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.  ø7 U.S.C. 136w¿ AUTHORITY OF ADMINISTRATOR.
              (a) IN  GENERAL. -- 
              (1)  REGULATIONS. -- The Administrator is  authorized in  ac- cordance with the  procedure described in  paragraph (2), to pre- scribe 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, including pub-
              lic health pesticides, and  differences in  environmental risk and the  appropriate data for  evaluating such  risk between agricul- tural, nonagricultural, and  public  health pesticides.
                  (2) PROCEDURE. -- 
                  (A) PROPOSED  REGULATIONS. -- At least 60 days  prior to signing any  proposed regulation for publication in  the  Fed- eral  Register, the   Administrator  shall  provide the   Sec- retary of Agriculture with a  copy of such  regulation. If the Secretary comments in  writing to the  Administrator re- garding 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   Sec- retary and   the  response of the  Administrator with regard to the  Secretary's comments. If the  Secretary does  not  com- ment in  writing to the  Administrator regarding the  regula- tion   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  Sec- retary of Agriculture with a  copy of such  regulation. If the Secretary  comments in   writing  to  the   Administrator  re-

                  ceiving  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  Admin- istrator regarding the   regulation within 15  days   after re- ceiving  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  sub- section, the   Administrator  shall  include among those fac- tors  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  im- posed   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 Ad-
                  ministrator  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  Ad-
              ministrator 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  Ad-
              ministrator 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. -- Simulta-
              neously 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  Rep-
              resentatives. The  rule or  regulation shall not  become  effective
              until the  passage of 60  calendar days  after the  rule or  regula-
              tion  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  un-
          necessary to  be  subject to  this Act  in  order to  carry out  the   pur-
          poses  of this Act.
              (c) OTHER AUTHORITY. -- The Administrator, after notice  and  op-
          portunity 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-orga-
              nisms on  or  in  living  man or  other living  animals) which  is  in-
              jurious to health or the  environment;
                  (2)  to  determine  any   pesticide  which   contains  any   sub-
              stance 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  pack- age,  container, or wrapping in which  a pesticide or device  is en- closed  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  paragraph 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. -- 
              (1) IN  GENERAL. -- The Administrator shall submit to an  ad- visory  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 regula- tions issued under section 25(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  in- tent and   proposed  and   final   forms   of  regulation may   not   be modified or  waived unless in  addition to  meeting the  require- ments of section 6(b) or 25(a),  as  applicable, the  advisory panel has   failed   to  comment on  the  proposed action within the  pre- scribed 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 pub- lished 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  rec- ommendations. 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  addi- tional 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


              on the  basis of their professional qualifications to assess the  ef- fects  of the  impact of pesticides on health and  the  environment. To  the   extent  feasible to  insure multidisciplinary representa- tion,   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  re- placement 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  rea- son  other than expiration of a term, the  Administrator shall ap- point 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  unsatisfac- tory,  the  Administrator may  request an  additional set  of nomi- nees  from  the  nominating entities. The  Administrator may  re- quire 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  ex- cess  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  Govern- ment the  compensation for  which  exceeds such  rate may  elect to  receive compensation at the  rate provided for  such  other of- fice  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 regard- ing   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   Environ- mental Research, Development, and  Demonstration Authoriza- tion  Act of 1978.  Whenever the  Administrator exercises author- ity  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   com-
              pensated in the  same manner as  members of the  Panel.
          (e)  PEER  REVIEW. -- The Administrator shall, by  written  proce- dures, 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 agen-


          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 nomi- nees  maintained by  such   panel, with respect to  the  results of any such   scientific studies  relied upon   by  the   Administrator  with re- spect to  actions the  Administrator may  take relating to  the  change in  classification, suspension,  or  cancellation of  a  pesticide.  When- ever  the  Administrator determines that  circumstances do  not  per- mit  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 pre- vent an  imminent hazard, the  Administrator shall promptly there- after provide for the  conduct of peer  review as  provided in  this sen- tence. The  evaluations and  relevant documentation constituting the peer  review that relate to the  proposed scientific studies and  the  re- sults of the  completed scientific studies shall be included in the  sub- mission for  comment forwarded by  the   Administrator to  the   advi- sory  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  Pro- tection Agency,  in the  appropriate disciplines.
                   SEC.  26.  ø7  U.S.C. 136w - 1¿ STATE PRIMARY ENFORCEMENT RESPON- SIBILITY.
          (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   regula- tions, 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 sub- section (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 sec- tion  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  [Sep- tember 30, 1978]  not  later than six months after that date.
          (c) ADMINISTRATOR. -- The Administrator shall have primary en- forcement responsibility for  those States that do  not  have primary
          enforcement responsibility under this Act. Notwithstanding the  pro-
          visions of section 2(e)(1)  of this Act, during any  period when the  Ad- ministrator has  such  enforcement responsibility, section 8(b) of this Act  shall apply to  the  books  and  records of commercial applicators


          tions 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  ap- plication.
                   SEC.   27.  ø7  U.S.C. 136w - 2¿ FAILURE BY  THE  STATE TO  ASSURE  EN- FORCEMENT OF STATE PESTICIDE USE REGULATIONS.
          (a) REFERRAL. -- Upon receipt of any  complaint or other informa- tion  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  ex- tent 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  in- adequate. The  State shall have ninety days  after receipt of the  no- tice  to  correct any  deficiencies. If after that time the  Administrator determines that the  State program remains inadequate, the  Admin- istrator may  rescind, in whole  or in part, the  State's primary en- forcement responsibility for pesticide use  violations.
          (c) CONSTRUCTION. -- Neither section 26  of this Act nor  this sec- tion  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   Adminis- trator and  the  State authority is  unwilling or  unable adequately to respond to the  emergency.
                   SEC.  28.  ø7 U.S.C. 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   imple- mentation programs to develop and  improve the  safe  use  and  effec- tiveness 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 con- trol   methods, such   as   resistance to  control methods and regulatory actions limiting the  availability of control meth- ods.
              (2)  REPORT. -- The Secretary  of Agriculture shall, not  later than 180  days   after the   date of  enactment of  this subsection


              [November 28,  1990]  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 de- signed 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 manage- ment that respond to the  needs of producers, with a special empha- sis  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 im- portance and, in  coordination with the   Public Health  Service, de- velop  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.  ø7 U.S.C. 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 ap- plications for  conditional registration  under sections 3(c)(7)(B)  and
          3(c)(7)(C)  of  this Act  that were   filed  during the   immediately pre- ceding  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   condi-
          tions in  each  case,  and  the  quantities  produced of such  pesticides.
                   SEC.  30.  ø7  U.S.C. 136w - 5¿ MINIMUM REQUIREMENTS FOR  TRAINING OF MAINTENANCE APPLICATORS AND  SERVICE TECHNI- CIANS.
          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 man- agement techniques. The   authority of  the   Administrator  with re- spect to  minimum requirements for  training of maintenance appli- cators and  service technicians shall be limited to ensuring that each State understands the  provisions of this section.
                   SEC.  31.  ø7 U.S.C. 136w - 6¿ ENVIRONMENTAL PROTECTION AGENCY MINOR USE PROGRAM.
          (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  reg- istrations and   amendments which   are   submitted to  the   Environ- mental Protection Agency.
          (b) The  Office  of Pesticide Programs shall prepare a  public  re- port   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.  [Aug. 3, 1996]
                   SEC.   32.  ø7  U.S.C. 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  coordi- nation of the  responsibilities of the  Department of Agriculture re- lated to minor uses of pesticides, including -- 
                  (1) carrying out  the  Inter-Regional Project Number 4 (IR - 
              4)  as  described in  section 2  of  Public Law   89 - 106 (7  U.S.C.
              450i(e))   and   the   national  pesticide resistance  monitoring pro-
              gram 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  for  minor use  registrations,  toler-

              ances, 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  pes-
              ticide 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  a 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  De-
              partment 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  per-
              son  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  avail-
              able  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 subsection; and
                      (ii)  fees  collected by  the  Secretary for  any  data devel-
                  oped  under a grant under paragraph (1)(A).
                  (C)  AUTHORIZATIONS  OF    APPROPRIATIONS. -- There  are   au-
              thorized 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.  ø7  U.S.C. 136w - 8¿ PESTICIDE REGISTRATION SERVICE FEES. (a)  DEFINITION  OF    COSTS. -- In this  section, the   term ``costs'', when used with respect to review and  decisionmaking pertaining to an   application for  which   registration  service fees  are   paid   under
                                 this section, means -- 
                  (1) costs  to the  extent that -- 
                      (A)  officers   and   employees provide direct  support  for
                  the  review and  decisionmaking for  covered pesticide appli-
                  cations, associated tolerances, and   corresponding risk and
                  benefits information and  analyses;
                      (B) persons and  organizations under contract with the
                  Administrator engage in the  review of the  applications, and
                  corresponding risk  and   benefits  information  and   assess-
                  ments; and
                      (C)  advisory committees and   other accredited persons
                  or  organizations, on  the  request of the  Administrator,  en-
                  gage  in the  peer  review of risk or benefits information asso-
                  ciated with covered pesticide applications;
                  (2)  costs   of  management of  information, and   the   acquisi-
              tion,   maintenance, and   repair of  computer and   telecommuni-
              cation resources (including software), used to support review of
              pesticide applications, associated tolerances, and  corresponding
              risk and  benefits information and  analyses; and
                  (3)  costs   of  collecting registration  service fees  under  sub-
              sections  (b)  and   (c)  and   reporting,  auditing,  and   accounting
              under this section.
              (b) FEES. -- 
                  (1)  IN   GENERAL. -- Effective beginning on  the  effective date
              of the  Pesticide Registration Improvement Act of 2003,  the  Ad-
              ministrator shall assess and   collect  covered pesticide registra-
              tion  service fees  in accordance with this section.
                  (2) COVERED PESTICIDE  REGISTRATION APPLICATIONS. -- 
                      (A) IN  GENERAL. -- An application for the  registration of
                  a  pesticide covered by  this Act  that is  received by  the  Ad-
                  ministrator on  or  after the   effective date  of  the   Pesticide
                  Registration Improvement Act  of 2003  shall be  subject to
                  a registration service fee under this section.
                      (B) EXISTING APPLICATIONS. -- 
                     (i) IN   GENERAL. -- Subject to  clause (ii),  an  applica-
                      tion   for  the   registration of  a  pesticide that  was   sub-
                      mitted to the  Administrator before  the  effective date of
                      the   Pesticide  Registration  Improvement  Act  of  2003
                      and   is  pending on  that  effective date shall be  subject
                      to  a  service fee  under this section if the  application is
                      for  the  registration of a  new  active ingredient that  is
                      not  listed in  the  Registration Division 2003  Work  Plan
                      of  the   Office   of  Pesticide  Programs  of  the   Environ-
                      mental Protection Agency.
                             (ii)  TOLERANCE  OR   EXEMPTION FEES. -- The amount
                      of  any   fee  otherwise  payable  for  an   application  de-
                      scribed in  clause (i) under this section shall be reduced
                      by  the  amount of any  fees  paid  to  support the  related
                      petition for  a  pesticide tolerance or  exemption under
                      the  Federal Food,  Drug, and   Cosmetic Act  (21  U.S.C.
                      301 et seq.).


                  (C) DOCUMENTATION. -- An application subject to  a  reg- istration  service fee  under this section shall be  submitted with documentation certifying -- 
                          (i) payment of the  registration service fee; or
                          (ii) payment of at least 25  percent of the  registra-
                      tion  service fee  and  a  request for  a  waiver from  or  re-
                      duction  of  the   remaining  amount  of  the   registration
                      service fee.
                      (D)  PAYMENT. -- The registration   service  fee   required
                  under this subsection shall be  due  upon  submission of the
                  application.
                      (E)  APPLICATIONS  SUBJECT   TO   ADDITIONAL  FEES. -- An
                  application may  be subject to additional fees  if -- 
                          (i)  the   applicant  identified the   incorrect registra-
                      tion  service fee and  decision review period;
                          (ii)  after review of a  waiver request, the  Adminis-
                      trator denies the  waiver request; or
                          (iii)  after  review of  the   application, the   Adminis-
                      trator determines that a  different registration  service
                      fee and  decision review period apply to the  application.
                      (F)  EFFECT  OF    FAILURE  TO   PAY   FEES. -- The  Adminis-
                  trator  shall reject any   application submitted without the
                  required registration service fee.
                      (G) NON-REFUNDABLE PORTION OF  FEES. -- 
                          (i) IN  GENERAL. -- The Administrator shall retain 25
                      percent of the  applicable registration  service fee.
                          (ii)   LIMITATION. -- Any  waiver,  refund,   credit  or
                      other reduction in  the  registration service fee shall not
                      exceed  75 percent of the  registration  service fee.
                      (H)   COLLECTION   OF    UNPAID   FEES. -- In  any    case   in
                  which  the  Administrator does  not  receive payment of a reg-
                  istration  service fee  (or  applicable portion of the   registra-
                  tion  service fee)  by  the  date that is  30  days   after the  fee
                  is  due,   the   fee  shall be  treated as  a  claim   of  the   United
                  States  Government subject to  subchapter II  of chapter  37
                  of title 31, United States Code.
                  (3) SCHEDULE OF  COVERED APPLICATIONS AND REGISTRATION
                                      SERVICE FEES. -- 
                      (A) IN   GENERAL. -- Not later than 30  days  after the  ef-
                  fective  date of the  Pesticide Registration  Improvement Re-
                  newal Act,  the  Administrator shall publish in  the  Federal
                  Register a  schedule of covered pesticide registration  appli-
                  cations and  corresponding registration service fees.
                      (B)  REPORT. -- Subject  to  paragraph (6),  the   schedule
                  shall be  the  same as  the  applicable schedule appearing in
                  the 	Congressional	Record 	on 	pages	S10409	through
                  S10411, dated July 31, 2007.
                  (4) PENDING PESTICIDE REGISTRATION APPLICATIONS. -- 
                      (A)  IN   GENERAL. -- An applicant that  submitted a  reg-
                  istration application to  the  Administrator before  the  effec-
                  tive  date of the  Pesticide Registration Improvement Act  of
                  2003,  but  that is  not  required to  pay  a  registration service
                  fee under paragraph (2)(B),  may,  on a voluntary basis, pay
                  a   registration  service fee   in   accordance with paragraph
                  (2)(B).


                  (B) VOLUNTARY FEE. -- The Administrator  may  not  com- pel  payment of a  registration service fee  for  an  application described in subparagraph  (A).
                  (C)  DOCUMENTATION. -- An application for  which  a  vol- untary registration service fee is paid  under this paragraph shall be submitted with documentation certifying -- 
                          (i) payment of the  registration service fee; or
                          (ii) a  request for a  waiver from  or reduction of the
                      registration  service fee.
                  (5)   RESUBMISSION   OF     PESTICIDE   REGISTRATION   APPLICA-
              TIONS. -- If a pesticide registration application is submitted by a
              person that  paid   the   fee  for  the   application under paragraph
              (2),  is  determined by  the  Administrator to  be  complete, and  is
              not  approved or is withdrawn (without a waiver or refund), the
              submission of the  same pesticide registration application by the
              same person (or a licensee, assignee, or successor of the  person)
              shall not  be subject to a fee under paragraph (2).
                  (6) FEE ADJUSTMENT. -- 
                      (A) IN   GENERAL. -- Effective for  a  covered pesticide reg-
                  istration  application received during the   period beginning
                  on October 1, 2008,  and  ending on September 30, 2010,  the
                  Administrator shall increase by  5  percent the  registration
                  service fee payable for the  application under paragraph  (3).
                      (B)  ADDITIONAL  ADJUSTMENT. -- Effective for  a  covered
                  pesticide registration  application received on  or  after Octo-
                  ber  1,  2010,  the   Administrator shall increase by  an  addi-
                  tional 5  percent the  registration  service fee  in  effect  as  of
                  September 30, 2010.
                      (C)  PUBLICATION. -- The Administrator shall publish in
                  the   Federal  Register the   revised  registration  service  fee
                  schedules.
                  (7) WAIVERS AND REDUCTIONS. -- 
                      (A) IN   GENERAL. -- An applicant for  a  covered pesticide
                  registration may  request the  Administrator to  waive  or  re-
                  duce  the  amount of a registration service fee payable under
                  this section under the  circumstances described in  subpara-
                  graphs (D) through (G).
                      (B) DOCUMENTATION. -- 
                          (i) IN  GENERAL. -- A request for a waiver from  or re-
                      duction of the  registration  service fee  shall be  accom-
                      panied  by   appropriate  documentation demonstrating
                      the  basis for the  waiver or reduction.
                          (ii) CERTIFICATION. -- The applicant shall provide to
                      the   Administrator a  written  certification, signed by  a
                      responsible officer,  that the   documentation submitted
                      to  support the  waiver or reduction request is accurate.
                          (iii)  INACCURATE DOCUMENTATION. -- An application
                      shall be  subject to  the   applicable registration  service
                      fee  payable under paragraph  (3)  if,  at any   time, the
                      Administrator determines that -- 
                              (I)  the   documentation supporting  the   waiver
                          or reduction request is not  accurate; or
                              (II)  based on  the  documentation or  any  other
                          information,  the   waiver  or  reduction should not
                              have been  granted or should not  be granted.
                                       

                  (C)  DETERMINATION  TO   GRANT  OR   DENY  REQUEST. -- As soon  as  practicable, but   not  later than 60  days, after the date on  which   the   Administrator  receives a  request for  a waiver or  reduction of a  registration service fee  under this paragraph, the  Administrator shall -- 
                      (i)  determine  whether  to  grant  or  deny   the   re- quest; and
                      (ii) notify  the  applicant of the  determination. (D) MINOR USES. -- 
                      (i) IN   GENERAL. -- The Administrator may  exempt from,  or waive  a portion of, the  registration  service fee for an  application for minor uses for a pesticide.
                      (ii)   SUPPORTING   DOCUMENTATION. -- An applicant requesting a  waiver or  exemption under this subpara- graph shall provide supporting documentation that demonstrates, to  the  satisfaction of the  Administrator, that  anticipated revenues from  the   uses that are   the subject of the  application would  be  insufficient to  jus- tify  imposition of the  full  application fee.
                  (E) IR - 4  EXEMPTION. -- The Administrator shall exempt an  application from  the  registration  service fee  if  the  Ad- ministrator determines that -- 
                      (i) the  application is solely  associated with a toler- ance   petition submitted in  connection with the   Inter- Regional Project Number 4 (IR - 4)  as  described in  sec- tion  2 of Public Law  89 - 106 (7 U.S.C.  450i(e));  and
                      (ii) the  exemption is in the  public  interest. (F) SMALL BUSINESSES. -- 
                      (i) IN  GENERAL. -- The Administrator shall waive  50 percent of the   registration  service fees  payable by  an entity for  a  covered pesticide registration  application under this section if the  entity is  a  small business (as defined in  section 4(i)(5)(E)(ii)) at  the  time of applica- tion.
                      (ii)   WAIVER   OF     FEES. -- The Administrator  shall waive   75  percent of the   registration  service fees  pay- able  by an  entity under this section if the  entity -- 
                              (I)  is  a  small business (as  defined in  section
                          4(i)(5)(E)(ii)) at the  time of application; and
                              (II)  has  average annual global  gross  revenues
                          described  in   section  4(i)(5)(E)(ii)(I)(bb) that   does
                          not  exceed  $10,000,000, at the  time of application.
                          (iii)  FORMATION  FOR  WAIVER. -- The Administrator
                      shall not   grant a  waiver under  this  subparagraph  if
                      the   Administrator determines that  the   entity submit-
                      ting   the   application has   been   formed or  manipulated
                      primarily for  the  purpose of qualifying for  the  waiver.
                          (iv) 	DOCUMENTATION. -- An	entity 	requesting 	a
                      waiver under this  subparagraph  shall provide to  the
                      Administrator -- 
                              (I) documentation demonstrating that the  enti-
                          ty   is   a   small  business  (as   defined  in   section
                          4(i)(5)(E)(ii)) at the  time of application; and


                          (II) if the  entity is requesting a waiver of 75 percent of  the   applicable. 33 - 1   registration  service fees  payable under this section, documentation demonstrating that the  entity has  an  average an- nual  global   gross   revenues  described  in   section
                          4(i)(5)(E)(ii)(I)(bb)	that 	does 	not 	exceed
                          $10,000,000, at the  time of application.
                      (G)   FEDERAL    AND   STATE   AGENCY   EXEMPTIONS. -- An
                  agency of the  Federal Government or  a  State government
                  shall  be   exempt  from   covered  registration   service  fees
                  under this section.
                  (8) REFUNDS. -- 
                      (A) EARLY WITHDRAWALS. -- If, during  the  first 60  days
                  after the  beginning of the  applicable decision time review
                  period under subsection (f)(3), a  covered pesticide registra-
                  tion  application is withdrawn by the  applicant, the  Admin-
                  istrator shall refund all  but  25 percent of the  total registra-
                  tion  service fee  payable under paragraph (3) for  the  appli-
                  cation.
                      (B)  WITHDRAWALS AFTER  THE  FIRST  60   DAYS   OF   DECI-
                  SION REVIEW TIME PERIOD. -- 
                          (i) IN  GENERAL. -- If a covered pesticide registration
                      application is  withdrawn after the  first 60  days  of the
                      applicable  decision time  review period,  the   Adminis-
                      trator shall determine what portion, if any,  of the  total
                      registration service fee payable under paragraph (3) for
                      the  application may  be  refunded based on  the  propor-
                      tion  of the  work  completed at the  time of withdrawal.
                          (ii) TIMING. -- The Administrator shall -- 
                              (I) make the  determination described in  clause
                          (i) not  later than 90  days  after the  date the  appli-
                                        cation is withdrawn; and
                              (II)  provide any  refund as  soon  as  practicable
                                        after the  determination.
                      (C) DISCRETIONARY REFUNDS. -- 
                          (i) IN  GENERAL. -- In the  case  of a pesticide registra-
                      tion  application that has  been  filed  with the  Adminis-
                      trator and   has   not  been   withdrawn by  the   applicant,
                      but   for  which   the   Administrator has   not  yet  made a
                      final   determination, the   Administrator may   refund a
                      portion of a  covered registration  service fee  if the  Ad-
                      ministrator determines that the  refund is justified.
                          (ii)  BASIS. -- The Administrator  may   provide a  re-
                      fund  for an  application under this subparagraph -- 
                              (I) on  the  basis that, in  reviewing the  applica-
                          tion,   the   Administrator has   considered data  sub-
                          mitted in  support of another pesticide registration
                                             application; or
                          (II)  on  the  basis that the  Administrator  com- pleted portions of the  review of the  application  be- fore the  effective date of this section.
                  (D) CREDITED FEES. -- In determining whether to  grant a  refund under  this  paragraph,  the   Administrator shall

          33 - 1 So  in  original (as  amended by  sec.  5(c)(2)  of Public Law  110 - 94). Probably should strike the  period.


                  take into   account  any   portion of  the   registration  service fees  credited under paragraph (2) or (4).
                             (c) PESTICIDE REGISTRATION FUND. -- 
              (1) ESTABLISHMENT. -- There is  established in  the  Treasury of the  United States a  Pesticide Registration Fund to  be  used in  carrying out  this section (referred to  in  this section as  the
              ``Fund''), consisting of -- 
                  (A) such  amounts as  are  deposited in  the  Fund under paragraph  (2);
                  (B)  any   interest earned on  investment of  amounts in the  Fund under paragraph (5); and
                  (C) any  proceeds from  the  sale  or redemption of invest- ments held  in the  Fund.
              (2) DEPOSITS IN  FUND. -- Subject to paragraph (4), the  Ad- ministrator shall deposit fees  collected under this section in  the Fund.
                  (3) EXPENDITURES FROM FUND. -- 
                  (A) IN  GENERAL. -- Subject to subparagraphs (B) and  (C) and   paragraph (4),  the  Administrator may  make expendi- tures from  the  Fund -- 
                      (i)  to  cover   the   costs   associated with  the   review and   decisionmaking pertaining  to  all  applications  for which   registration  service fees  have been   paid   under this section; and
                      (ii) to otherwise carry out  this section. (B) WORKER PROTECTION. -- 
                      (i)  IN    GENERAL. -- For  each   of  fiscal   years  2008 through 2012,  the  Administrator shall use  approxi- mately 1⁄17    of  the   amount in  the   Fund (but   not   less than  $1,000,000) to  enhance  scientific and   regulatory activities relating to worker protection.
                      (ii)  PARTNERSHIP   GRANTS. -- Of the  amounts in  the Fund, the  Administrator shall use  for partnership grants -- 
                       (I)  for   each   of  fiscal   years  2008   and   2009,
                                              $750,000; and
                          (II)  for each  of fiscal  years 2010  through  2012,
                                                $500,000.
                      (iii)   PESTICIDE   SAFETY  EDUCATION  PROGRAM. -- Of the  amounts in  the  Fund, the  Administrator shall use
                      $500,000 for  each  of fiscal  years 2008  through 2012  to carry out  the  pesticide safety education program.
              (4) COLLECTIONS  AND APPROPRIATIONS  ACTS. -- The fees  au- thorized by  this section and  amounts deposited in  the  Fund --  (A) shall be collected and  made available for obligation
                  only  to  the   extent  provided in  advance in  appropriations
                  Acts;  and
                  (B) shall be available without fiscal  year limitation. (5) UNUSED FUNDS. -- 
                  (A) IN  GENERAL. -- Amounts in the  Fund not  currently needed to carry out  this section shall be -- 
                      (i) 33 - 2  maintained readily available or on deposit;
                  (ii) invested in obligations of the  United States or guaranteed by the  United States; or

            33 - 2 Indentation of clauses (i) through (iii) is so in  original (as  amended by sec.  5(e)(3)(A)
          of Public Law  110 - 94). Clauses probably should be indented.


                  (iii)  invested in  obligations, participations,  or  other in- struments that are  lawful investments for  fiduciary, trust, or public  funds.
                  (B)  USE  OF    INVESTMENT   INCOME. -- After consultation with the  Secretary of the  Treasury, the  Administrator may use  income   from  investments described in  clauses (ii)  and
                  (iii) of subparagraph (A) to carry out  this section.
              (d) ASSESSMENT OF  FEES. -- 
              (1)  DEFINITION  OF   COVERED  FUNCTIONS. -- In this sub- section, the  term ``covered functions''  means functions of the  Of- fice   of  Pesticide  Programs  of  the   Environmental  Protection Agency,  as  identified in  key  programs and  projects of the  final operating plan for  the   Environmental  Protection Agency  sub- mitted as  part of  the   budget process for  fiscal   year 2002,   re- gardless of any  subsequent transfer of 1  or  more   of the   func- tions to  another office  or  agency or  the  subsequent transfer of a new  function to the  Office of Pesticide Programs.
              (2) MINIMUM AMOUNT OF  APPROPRIATIONS. -- Registration service fees  may   not  be  assessed for  a  fiscal   year under this section unless  the   amount of  appropriations for  salaries,  con- tracts, and  expenses for  the  functions (as  in  existence in  fiscal year 2002)  of the  Office  of Pesticide Programs of the  Environ- mental  Protection Agency   for  the   fiscal   year (excluding the amount of any  fees  appropriated for  the  fiscal  year) are  equal to or greater than the  amount of appropriations for covered functions for fiscal  year 2002  (excluding the  amount of any  fees appropriated for the  fiscal  year).
              (3)  USE  OF   FEES. -- Registration  service fees  authorized  by this section shall be  available, in  the  aggregate, only  to  defray increases in  the  costs  associated with the  review and  decision- making for the  review of pesticide registration applications and associated tolerances (including increases in the  number of full- time  equivalent  positions  in   the    Environmental  Protection Agency  engaged in those activities) over  the  costs  for fiscal  year
              2002,  excluding costs  paid  from  fees  appropriated for  the  fiscal year.
              (4) COMPLIANCE. -- The requirements of paragraph (2) shall have been  considered to have been  met  for any  fiscal  year if the amount of appropriations for  salaries, contracts, and   expenses for the  functions (as  in  existence in  fiscal  year 2002)  of the  Of- fice   of  Pesticide  Programs  of  the   Environmental  Protection Agency  for the  fiscal  year (excluding the  amount of any  fees  ap- propriated for the  fiscal  year) is not  more  than 3 percent below the   amount of  appropriations for  covered functions  for  fiscal year 2002  (excluding the  amount of any  fees  appropriated  for the  fiscal  year).
              (5) SUBSEQUENT  AUTHORITY. -- If the  Administrator does  not assess registration service fees  under subsection (b) during any portion of a fiscal  year as the  result of paragraph (2) and  is subsequently permitted to  assess the  fees  under  subsection (b) during the  fiscal  year, the  Administrator shall assess and  col- lect  the  fees,  without any  modification in  rate, at any  time dur- ing   the   fiscal   year,  notwithstanding  any   provisions  of  sub- section (b) relating to the  date fees  are  to be paid.
          (e) REFORMS  TO   REDUCE  DECISION  TIME  REVIEW PERIODS. -- To the  maximum extent practicable consistent with the  degrees of risk


          presented by pesticides and  the  type  of review appropriate to evalu- ate  risks, the  Administrator shall identify and  evaluate reforms to the  pesticide registration process under this Act with the  goal  of re- ducing decision review periods in  effect  on  the  effective date of the Pesticide Registration Improvement Act of 2003  for pesticide reg- istration actions for  covered pesticide registration  applications  (in- cluding reduced risk applications).
              (f) DECISION TIME REVIEW PERIODS. -- 
              (1) IN   GENERAL. -- Not later than 30 days  after the  effective date of  the   Pesticide  Registration  Improvement  Renewal Act, the   Administrator  shall  publish  in   the   Federal Register a schedule of decision review periods for covered pesticide reg- istration  actions and   corresponding  registration   service  fees under this Act.
              (2) REPORT. -- The schedule shall be  the  same as  the  appli- cable  schedule appearing in  the  Congressional Record  on pages S10409 through S10411, dated July 31, 2007.
              (3) APPLICATIONS SUBJECT  TO   DECISION  TIME  REVIEW PERI- ODS. -- The decision time review periods specified in  paragraph (1) shall apply to -- 
                  (A)  covered pesticide registration  applications  subject to registration service fees  under subsection (b)(2);
                  (B)   covered  pesticide   registration    applications   for which   an  applicant has   voluntarily paid   registration  serv- ice fees  under subsection (b)(4); and
                  (C) covered pesticide registration applications listed in the  Registration  Division 2003  Work  Plan of the  Office  of Pesticide Programs of the  Environmental  Protection Agen- cy.
                          (4) START OF  DECISION TIME REVIEW PERIOD. -- 
                  (A) IN  GENERAL. -- Except as  provided in subparagraphs (C), (D), and  (E),  in  the  case  of a  pesticide registration  ap- plication  accompanied  by  the   registration  service fee  re- quired under this section, the  decision time review period begins 21  days  after the  date on  which  the  Administrator receives the  covered pesticide registration application.
                                (B) COMPLETENESS OF  APPLICATION. -- 
                      (i) IN   GENERAL. -- Not later than  21  days   after re- ceiving  an  application and  the  required registration service fee,  the  Administrator shall conduct an  initial screening of the  contents of the  application in  accord- ance  with clause (iii).
                      (ii) REJECTION. -- If the  Administrator determines under clause (i) that the  application does  not  pass the initial screening and  cannot be corrected within the  21- day  period, the  Administrator shall reject the  applica- tion   not   later than 10  days   after  making the   deter- mination.
                      (iii)  REQUIREMENTS  OF   SCREENING. -- In  conducting an   initial  screening of  an   application,  the   Adminis- trator shall determine whether -- 
                          (I)(aa)   the   applicable  registration  service  fee has  been  paid;  or
                          (bb)  at least 25  percent of the  applicable reg- istration service fee has  been  paid  and  the  applica- tion   contains a  waiver or  refund request for  the


                          outstanding 	amount	and 	documentation	estab- lishing the  basis for the  waiver request; and
                          (II) the  application contains all the  necessary forms, data,  and   draft  labeling, formatted in  ac- cordance with guidance published by the  Adminis- trator.
                      (C)   APPLICATIONS   WITH   WAIVER   OR    REDUCTION   RE-
                  QUESTS. -- 
                          (i) IN  GENERAL. -- In the  case  of an  application sub-
                      mitted with a  request for a  waiver or reduction of reg-
                      istration service fees  under subsection (b)(7),  the  deci-
                      sion  time review period shall be  determined in  accord-
                      ance  with this subparagraph.
                          (ii)  REQUEST  GRANTED  WITH  NO   ADDITIONAL  FEES
                      REQUIRED. -- If the  Administrator grants the  waiver or
                      reduction request and  no additional fee is required, the
                      decision time review period begins on  the  earlier of -- 
                              (I) the  date on which  the  Administrator grants
                          the  request; or
                              (II)  the  date that is  60  days  after the  date of
                          receipt of the  application.
                          (iii)  REQUEST GRANTED WITH ADDITIONAL FEES  RE-
                      QUIRED. -- If the  Administrator grants the  waiver or re-
                      duction request, in  whole  or  in  part, but  an  additional
                      registration  service fee  is  required, the   decision time
                      review period begins on  the  date on  which  the  Admin-
                      istrator receives certification of payment of the  applica-
                      ble registration  service fee.
                          (iv) REQUEST  DENIED. -- If the  Administrator denies
                      the  waiver or  reduction request, the  decision time re-
                      view  period begins on  the  date on  which  the  Adminis-
                      trator  receives certification of payment of the  applica-
                      ble registration  service fee.
                      (D) PENDING APPLICATIONS. -- 
                          (i) IN   GENERAL. -- The start  of the  decision time re-
                      view   period  for   applications  described  in   clause  (ii)
                      shall be  the  date on  which  the  Administrator receives
                      certification of  payment of  the   applicable registration
                      service fee.
                          (ii) APPLICATIONS. -- Clause (i) applies to -- 
                              (I)  covered pesticide registration  applications
                          for   which   voluntary  fees   have  been   paid   under
                                         subsection (b)(4); and
                              (II)  covered pesticide registration  applications
                          received on  or  after the  effective date of the  Pes-
                          ticide Registration  Improvement Act  of  2003   but
                          submitted without the  applicable registration serv-
                          ice  fee  required under this section due  to  the   in-
                          ability of  the   Administrator to  assess fees  under
                                           subsection (d)(1).
                      (E)  2003   WORK  PLAN. -- In  the   case   of  a  covered pes-
                  ticide registration application listed in  the  Registration  Di-
                  vision  2003  Work  Plan of the  Office  of Pesticide Programs
                  of the  Environmental Protection Agency,  the  decision time
                  review period begins on  the  date that is  30  days  after the


                  effective date  of  the   Pesticide  Registration  Improvement
                  Act of 2003.
                  (5) EXTENSION OF   DECISION  TIME  REVIEW  PERIOD. -- The Ad-
              ministrator and  the  applicant may  mutually agree in  writing to
              extend a decision time review period under this subsection.
              (g) JUDICIAL REVIEW. -- 
                  (1)  IN   GENERAL. -- Any applicant  adversely affected by  the
              failure of the  Administrator to make a determination on the  ap-
              plication of the  applicant for registration of a new  active ingre-
              dient or  new  use   for  which   a  registration  service fee  is  paid
              under this section may  obtain judicial review of the  failure sole-
              ly under this section.
                  (2) SCOPE. -- 
                      (A) IN  GENERAL. -- In an  action brought under this sub-
                  section, the  only  issue on  review is  whether the  Adminis-
                  trator failed   to  make a  determination on  the   application
                  specified in paragraph (1) by the  end  of the  applicable deci-
                  sion  time review period required  under  subsection (f)  for
                  the  application.
                      (B) OTHER  ACTIONS. -- No other action authorized or re-
                  quired under this section shall be  judicially reviewable by
                  a Federal or State court.
                  (3) TIMING. -- 
                      (A) IN   GENERAL. -- A person may  not  obtain judicial re-
                  view  of the   failure of the   Administrator to  make a  deter-
                  mination on  the  application specified in  paragraph (1)  be-
                  fore  the  expiration of the  2-year period that  begins on  the
                  date on which  the  decision time review period for the  appli-
                  cation ends.
                      (B)  MEETING  WITH  ADMINISTRATOR. -- To be  eligible to
                  seek  judicial review under this subsection, a  person seek-
                  ing  the   review shall first request in  writing, at least 120
                  days  before  filing  the  complaint for  judicial review, a  deci-
                  sion  review meeting with the  Administrator.
                  (4) REMEDIES. -- The Administrator may  not  be  required or
              permitted to  refund any   portion of  a  registration  service fee
              paid   in  response  to  a  complaint that  the   Administrator has
              failed   to  make a  determination on  the   covered pesticide  reg-
              istration  application specified in  paragraph (1)  by  the   end   of
              the  applicable decision review period.
              (h) ACCOUNTING. -- The Administrator shall -- 
                  (1) provide an  annual accounting of the  registration service
              fees  paid  to the  Administrator and  disbursed from  the  Fund, by
              providing financial statements in accordance with -- 
                      (A)  the   Chief   Financial  Officers Act  of  1990   (Public
                  Law  101 - 576; 104  Stat. 2838)  and   amendments  made by
                  that Act; and
                      (B)  the  Government  Management  Reform Act  of 1994
                  (Public  Law   103 - 356;  108   Stat.  3410)   and   amendments
                  made by that Act;
                  (2) provide an  accounting describing expenditures from  the
              Fund authorized under subsection (c); and
                  (3) provide an  annual accounting describing collections and
              expenditures authorized under subsection (d).
              (i) AUDITING. -- 


              (1) FINANCIAL STATEMENTS  OF   AGENCIES. -- For the  purpose of  section  3515(c)   of  title 31,  United States  Code,   the   Fund shall be considered a component of an  executive agency.
              (2)  COMPONENTS. -- The annual  audit  required  under  sec- tions 3515(b)  and  3521  of that title of the  financial statements of activities under this section shall include an  analysis of -- 
                  (A)  the   fees   collected under  subsection  (b)  and   dis- bursed;
                      (B) compliance with subsection (f);
                      (C) the  amount appropriated to meet the  requirements
                  of subsection (d)(1); and
                      (D)  the   reasonableness of  the   allocation of  the   over-
                  head allocation of costs  associated with the  review and  de-
                  cisionmaking pertaining to  applications under this section.
                  (3) INSPECTOR  GENERAL. -- The Inspector General of the  En-
              vironmental Protection Agency  shall -- 
                      (A) conduct the  annual audit required under this sub-
                  section; and
                      (B)  report  the   findings  and   recommendations  of  the
                  audit to  the  Administrator and  to  the  appropriate  commit-
                  tees  of Congress.
              (j) PERSONNEL  LEVELS. -- All full-time equivalent positions sup-
          ported by fees  authorized and  collected under this section shall not
          be counted against the  agency-wide personnel level  goals  of the  En-
          vironmental Protection Agency.
              (k) REPORTS. -- 
                  (1)  IN   GENERAL. -- Not later than  March 1,  2005,  and  each
              March 1  thereafter through March 1,  2014,  the  Administrator
              shall publish an  annual report describing actions taken under
              this section.
                  (2) CONTENTS. -- The report shall include -- 
                      (A) a review of the  progress made in  carrying out  each
                  requirement of subsections (e) and  (f), including -- 
                          (i) the  number of applications reviewed, including
                      the  decision times for each  application specified in sub-
                      section (f);
                          (ii)  the   number  of  label   amendments that  have
                      been  reviewed using electronic means;
                          (iii)  the  amount of money  from  the  Reregistration
                      and  Expedited Processing Fund used to carry out  inert
                      ingredient  review and   review  of  similar  applications
                      under section 4(k)(3);
                          (iv) the  number of applications completed for iden-
                      tical  or substantially similar applications under section
                      3(c)(3)(B),  including  the   number of  such   applications
                      completed within 90 days  pursuant to that section;
                          (v) the  number of actions pending in  each  category
                      of actions described in  subsection (f)(3), as  well  as  the
                      number of inert ingredients;
                          (vi)  to  the   extent determined appropriate  by  the
                      Administrator and   consistent with the   authorities of
                      the   Administrator  and    limitations  on   delegation  of
                      functions by the  Administrator,  recommendations  for -- 
                              (I) expanding the  use  of self-certification in  all
                          appropriate areas of the  registration process;


                          (II)  providing for  accreditation of  outside  re- viewers and   the   use   of  outside reviewers to  con- duct   the   review of major portions of applications; (III)  reviewing the  scope  of use  of the  notifica-
                          tion  process to cover  broader categories of registra- tion  actions;
                                (IV)  providing  for  electronic submission and
                          review of  labels, including process improvements to  further  enhance the   procedures used  in   elec- tronic label  review; and
                          (V)  the   allowance  and   use   of  summaries  of acute toxicity studies; and
                      (vii)  the  use  of performance-based contracts, other contracts, and  procurement to ensure that -- 
                          (I)  the  goals  of this Act  for  the  timely review of applications for registration are  met;  and
                          (II)  the   registration  program is  administered in the  most  productive and  cost effective manner practicable;
                  (B) a  description of the  staffing and  resources relating to the  costs  associated with the  review and  decisionmaking pertaining to applications;
                  (C) a review of the  progress in meeting the  timeline re- quirements of section 4(g);
                  (D)  a  review  of  the   progress in  carrying out   section
                  3(g), including -- 
                      (i) the  number of pesticides or pesticide cases  re- viewed;
                      (ii)  a  description of the  staffing and   resources re- lating to the  costs  associated with the  review and  deci- sion  making relating to  reregistration and  registration review for  compliance with the   deadlines specified in this Act;
                      (iii)  to  the   extent determined appropriate by  the Administrator and   consistent with the   authorities of the   Administrator  and    limitations  on   delegation  of functions by the  Administrator, recommendations for --  (I)  process improvements  in  the   handling  of
                          registration  review under section 3(g);
                          (II) providing for accreditation of outside re- viewers and  the  use  of outside reviewers in the registration review process; and
                          (III)  streamlining the  registration  review proc- ess,  consistent with section 3(g);
                  (E) a review of the  progress in meeting the  timeline re- quirements for  the  review of antimicrobial  pesticide prod- ucts  under section 3(h); and
                  (F)  a  review of the  progress in  carrying out  the  review of  inert  ingredients, including the   number of  applications pending, the  number of new  applications, the  number of applications  reviewed, staffing,  and   resources  devoted to the  review of inert ingredients and  recommendations to im- prove  the  timeliness of review of inert ingredients.
              (3) METHOD. -- The Administrator shall publish a  report re- quired by this subsection by such  method as  the  Administrator determines to be the  most  effective for efficiently disseminating


              the  report, including publication of the  report on  the  Internet site  of the  Environmental  Protection Agency.
          (l) SAVINGS  CLAUSE. -- Nothing in  this section affects any  other duties, obligations, or  authorities established by  any  other section of this Act,  including the  right to  judicial review of duties,  obliga- tions, or authorities established by any  other section of this Act.
              (m) TERMINATION OF  EFFECTIVENESS. -- 
              (1) IN   GENERAL. -- Except as  provided in  paragraph (2), the authority provided by this section terminates on September 30,
              2012.
                  (2) PHASE OUT. -- 
                  (A) FISCAL  YEAR 2013. -- During fiscal  year 2013,  the  re- quirement to  pay  and   collect  registration  service fees  ap- plies,  except that the  level  of registration service fees  pay- able  under this section shall be  reduced 40  percent  below the  level  in effect  on September 30, 2012.
                  (B) FISCAL  YEAR 2014. -- During fiscal  year 2014,  the  re- quirement to  pay  and   collect  registration  service fees  ap- plies,  except that the  level  of registration service fees  pay- able  under this section shall be  reduced 70  percent  below the  level  in effect  on September 30, 2012.
                  (C) SEPTEMBER 30,  2014. -- Effective September 30, 2014, the  requirement to pay  and  collect  registration  service fees terminates.
                      (D) DECISION REVIEW PERIODS. -- 
                      (i)  PENDING  APPLICATIONS. -- In the   case  of an  ap- plication received under this section before  September
                      30,  2012,  the  application shall be  reviewed in  accord- ance  with subsection (f).
                      (ii) NEW APPLICATIONS. -- In the  case  of an  applica- tion  received under this section on  or  after September
                      30,  2012,  subsection (f) shall not  apply to  the  applica- tion.
          SEC.  34.  ø7 U.S.C. 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.  35.  ø7 U.S.C. 136y¿ AUTHORIZATION FOR  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.
