S 1229 IS

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit a State to register a foreign pesticide for distribution and use within that State.

June 16, 1999

Mr. BURNS introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit a State to register a foreign pesticide for distribution and use within that State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. REGISTRATION OF FOREIGN PESTICIDES BY STATES.

(a) IN GENERAL- Section 24 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is amended by adding at the end the following:

`(d) REGISTRATION OF FOREIGN PESTICIDES BY STATES-

`(1) DEFINITIONS- In this subsection:

`(A) COMPARABLE DOMESTIC PESTICIDE- The term `comparable domestic pesticide' means a pesticide that--

`(i) is registered under section 3;

`(ii) is not subject to a notice of intent to cancel or suspend or an enforcement action under section 12, based on the labeling or composition of the pesticide;

`(iii) is used as the basis for comparison for the determinations required under paragraph (3); and

`(iv) is labeled for use on the site or crop for which registration is sought under this subsection on the basis of a use that is not the subject of a pending interim administrative review under section 3(c)(8).

`(B) FOREIGN PESTICIDE- The term `foreign pesticide' means a pesticide that--

`(i) is registered for use as a pesticide in a foreign country;

`(ii) is identical or substantially similar in its composition to any pesticide registered under section 3; and

`(iii) is registered by the registrant of a comparable domestic pesticide or an affiliated entity of the registrant.

`(2) AUTHORITY TO REGISTER FOREIGN PESTICIDES-

`(A) IN GENERAL- On the request of 1 or more agricultural producers or on the initiative of a State, the State may register a foreign pesticide for distribution and use in the State if the registration is consistent with this subsection and other provisions of this Act and is approved by the Administrator.

`(B) EFFECT OF REGISTRATION-

`(i) IN GENERAL- Except as provided in clause (ii), on approval by the Administrator, the registration of a foreign pesticide by a State shall be considered a registration of the pesticide under section 3.

`(ii) DISTRIBUTION TO OTHER STATES- A foreign pesticide that is registered by a State under this subsection and distributed to a person in that State shall not be transported to, or used by, a person in another State unless the distribution and use is consistent with the registration by the original State.

`(C) REGISTRANT- A State that registers a foreign pesticide under this subsection shall be considered the registrant of the foreign pesticide under this Act.

`(3) STATE REQUIREMENTS FOR REGISTRATION- To register a foreign pesticide under this subsection, a State shall--

`(A)(i) determine whether the foreign pesticide is identical or substantially similar in its composition to a comparable domestic pesticide; and

`(ii) submit the proposed registration to the Administrator only if the State determines that the foreign pesticide is identical or substantially similar in its composition to a comparable domestic pesticide;

`(B) for each food or feed use authorized by the registration--

`(i) determine whether there exists a tolerance or exemption under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that permits the residues of the pesticide on the food or feed;

`(ii) identify the tolerances or exemptions in the submission made under subparagraph (D); and

`(iii) describe in the submission the proposed application of the tolerances to meet special local needs;

`(C) require that the pesticide bear a label that--

`(i) specifies the information that is required to comply with section 3(c)(5);

`(ii) identifies itself as the only valid label;

`(iii) identifies the State in which the product may be used;

`(iv) identifies the approved use and includes directions for use, use restrictions, and precautions that are identical or substantial similar to the directions for use, use restrictions, and precautions that are on the approved label of the comparable domestic pesticide; and

`(v) includes a statement indicating that it is unlawful to distribute or use the foreign pesticide in the State in a manner that is inconsistent with the registration of the pesticide by the State; and

`(D) submit to the Administrator a description of the proposed registration of the foreign pesticide that includes a statement of the determinations made under this paragraph, the proposed labeling for the foreign pesticide, and related supporting documentation.

`(4) APPROVAL OF REGISTRATION BY ADMINISTRATOR-

`(A) IN GENERAL- Not later than 60 days after receipt of the proposed registration of a foreign pesticide by a State submitted under paragraph (3)(D), the Administrator shall approve the proposed registration if the Administrator determines that the proposed registration of the foreign pesticide by the State is consistent with this subsection and other provisions of this Act.

`(B) NOTICE OF APPROVAL- No registration of a foreign pesticide by a State under this subsection shall be considered approved, or be effective, until the Administrator provides notice of approval of the registration in writing to the State.

`(C) HARMONIZATION OF REGISTRATIONS- In carrying out this subsection, the Administrator shall take into account the priority of harmonizing the registrations of foreign pesticides and comparable domestic pesticide in accordance with the United States-Canada Free Trade Agreement, the North American Free Trade Agreement, and other applicable agreements and treaties.

`(5) LABELING OF FOREIGN PESTICIDES-

`(A) DISTRIBUTION- After a notice of the approval of a foreign pesticide by a State is received by the State, the State shall make labels approved by the State and the Administrator available to persons seeking to distribute the foreign pesticide in the State.

`(B) USE- A foreign pesticide that is registered by a State under this subsection may be used within the State only if the foreign pesticide bears the approved label for use in the State.

`(C) CONTAINERS- Each container containing a foreign pesticide registered by a State shall, before the transportation of the foreign pesticide into the State and at all times the foreign pesticide is distributed or used in the State, bear a label that is approved by the State and the Administrator.

`(D) REPORT- A person seeking to distribute a foreign pesticide registered by a State shall provide to the State a report that--

`(i) identifies the person that will receive and use the foreign pesticide in the State; and

`(ii) states the quantity of the foreign pesticide that will be transported into the State.

`(E) AFFIXING LABELS- The act of affixing a label to a foreign pesticide under this subsection shall not be considered production for the purposes of this Act.

`(6) ANNUAL REPORTS-

`(A) PREPARATION- A State registering 1 or more foreign pesticides under this subsection shall prepare an annual report that--

`(i) identifies the foreign pesticides that are registered by the State;

`(ii) identifies the users of foreign pesticides used in the State; and

`(iii) states the quantity of foreign pesticides used in the State.

`(B) AVAILABILITY- On the request of the Administrator, the State shall provide a copy of the annual report to the Administrator.

`(7) RECALLS- If the Administrator determines that it is necessary under this Act to terminate the distribution or use of a foreign pesticide in a State, on the request of the Administrator, the State shall recall the foreign pesticide.

`(8) SUSPENSION OF STATE AUTHORITY TO REGISTER FOREIGN PESTICIDES-

`(A) IN GENERAL- If the Administrator finds that a State that has registered 1 or more foreign pesticides under this subsection is not capable of exercising adequate controls to ensure that registration under this subsection is consistent with this subsection and other provisions of this Act or has failed to exercise adequate control over 1 or more foreign pesticides, the Administrator may suspend the authority of the State to register foreign pesticides under this subsection until such time as the Administrator determines that the State can and will exercise adequate control of the foreign pesticides.

`(B) NOTICE AND OPPORTUNITY TO RESPOND- Before suspending the authority of a State to register a foreign pesticide, the Administrator shall--

`(i) advise the State that the Administrator proposes to suspend the authority and the reasons for the proposed suspension; and

`(ii) provide the State with an opportunity time to respond to the proposal to suspend.

`(9) DISCLOSURE OF INFORMATION BY ADMINISTRATOR TO THE STATE- The Administrator may disclose to a State that is seeking to register a foreign pesticide in the State information that is necessary for the State to make the determinations required by paragraph (3) if the State certifies to the Administrator that the State can and will maintain the confidentiality of any trade secrets or commercial or financial information that was marked under section 10(a) provided by the Administrator to the State under this subsection to the same extent as is required under section 10.

`(10) PROVISION OF INFORMATION BY REGISTRANTS OF COMPARABLE DOMESTIC PESTICIDES- If a State registers a foreign pesticide, and a registrant of a comparable domestic pesticide that is (directly or through an affiliate) a foreign registrant fails to provide to the State the information possessed by the registrant that is necessary to make the determinations required by paragraph (3), the Administrator may suspend without a hearing all pesticide registrations issued to the registrant under this Act.

`(11) PATENTS- Title 35, United States Code, shall not apply to a foreign pesticide registered by a State under this subsection that is transported into the United States or to any person that takes an action with respect to the foreign pesticide in accordance with this subsection.

`(12) SUBMISSIONS- A submission by a State under this section shall not be considered an application under section 3(c)(1)(F).'.

(b) CONFORMING AMENDMENT- The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended by adding at the end of the items relating to section 24 the following:

`(d) Registration of foreign pesticides by States.

`(1) Definitions.

`(2) Authority to register foreign pesticides.

`(3) State requirements for registration.

`(4) Approval of registration by Administrator.

`(5) Labeling of foreign pesticides.

`(6) Annual reports.

`(7) Recalls.

`(8) Suspension of State authority to register foreign pesticides.

`(9) Disclosure of information by Administrator to the State.

`(10) Provision of information by registrants of comparable domestic pesticides.

`(11) Patents.

`(12) Submissions.'.

(c) EFFECTIVE DATE- This section and the amendments made by this section take effect 60 days after the date of enactment of this Act.

END