[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2652 Introduced in Senate (IS)]
105th CONGRESS
2d Session
S. 2652
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
improve the safety of exported pesticides, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 21 (legislative day, October 2), 1998
Mr. Leahy introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
improve the safety of exported pesticides, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Circle of Poison
Prevention Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXPORTED PESTICIDES
Sec. 101. Definitions.
Sec. 102. Registration of establishments.
Sec. 103. Protection of trade secrets and other information.
Sec. 104. Unlawful acts.
Sec. 105. Imports and exports.
Sec. 106. Health and environmental effects reports.
Sec. 107. Conforming amendments to table of contents.
TITLE II--PESTICIDE RESIDUE MONITORING
Sec. 201. Data management.
TITLE III--PESTICIDE TOLERANCES
Sec. 301. Revocation of tolerances and practical testing methods.
TITLE IV--PESTICIDE INFORMATION
Sec. 401. Disclosure of pesticides in import documents.
Sec. 402. Annual reports by agricultural attaches.
TITLE V--EFFECTIVE DATES
Sec. 501. Effective dates.
TITLE I--EXPORTED PESTICIDES
SEC. 101. DEFINITIONS.
(a) In General.--Section 2 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136) is amended by adding at the end the
following new subsection:
``(pp) Country of Use.--The term `country of use' means any foreign
country in which--
``(1) a pesticide is used;
``(2) a pesticide is intended by the exporter to be used or
formulated; or
``(3) on the basis of information reasonably available to
the exporter, the use or formulation of a pesticide being
exported is foreseeable.''.
(b) Misbranded.--Section 2(q)(1) of such Act (7 U.S.C. 136(q)(1) is
amended--
(1) by striking ``or'' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(I) in the case of a pesticide
intended for export from the United
States, the labeling does not meet the
requirements of section 17(a).''.
SEC. 102. REGISTRATION OF ESTABLISHMENTS.
Paragraph (1) of section 7(c) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136e(c)) is amended to read as
follows:
``(3) Any producer operating an establishment registered
under this section shall inform the Administrator within 30
days after the establishment is registered of--
``(A) the types and quantities of pesticides, and
active ingredients used in producing pesticides, that
are produced for export to a foreign country; and
``(B) the date of export and quantity of pesticides
and active ingredients exported to each foreign country
to which the producer has exported during the past 365-
day period.
The information required by this paragraph shall be kept
current and submitted to the Administrator annually as required
under such regulations as the Administrator may prescribe.''.
SEC. 103. PROTECTION OF TRADE SECRETS AND OTHER INFORMATION.
Section 10(d) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136h(d)) is amended by adding at the end the
following new paragraph:
``(4) Notwithstanding any other provision of this Act, the
information submitted to the Administrator under section
7(c)(3)(B), 17(a)(2), 17(a)(3), 17(a)(4), 17(a)(5), or 17(a)(6)
shall not be treated as confidential under subsection (b).''.
SEC. 104. UNLAWFUL ACTS.
Section 12(a)(2) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136j(a)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (R);
(2) by striking the period at the end of subparagraph (S)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(T) to export a pesticide or device in violation
of section 17.''.
SEC. 105. IMPORTS AND EXPORTS.
(a) Pesticides and Devices Intended for Export.--Subsections (a)
and (b) of section 17 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136o) are amended to read as follows:
``(a) Pesticides or Devices Intended for Export.--
``(1) General requirements.--
``(A) No pesticide or device may be exported to a
foreign country unless--
``(i) the pesticide or device is prepared
and packaged according to the specifications of
the foreign purchaser and the legal
requirements of the country of use and complies
with this section and sections 2(q), 7, 8,
19(a), and 19(e); and
``(ii) the label of the pesticide--
``(I) is written in an official
language of the country of use; and
``(II) to the extent not in
conflict with requirements of the
country of use, contains all health,
safety, environmental and other related
information required to be included
under section 3 in the labeling for the
pesticide for use in the United States.
``(B)(i) No person shall export to any country of
use a pesticide if--
``(I) the registrations for pesticides
containing an active ingredient that is
included in the pesticide to be exported and
that account for all or nearly all of the uses
of the active ingredient by volume in the
United States have been canceled;
``(II) the tolerances that have been
established under section 408 or 409 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a or 348) for an active ingredient of the
pesticide to be exported and that account for
all or nearly all of the agricultural uses of
the ingredient have been revoked; or
``(III) the Administrator has determined
that an active ingredient of the pesticide is
ineligible for reregistration pursuant to
section 4(g)(2)(C).
``(ii) No person shall export to any country of use
a pesticide unless--
``(I) the pesticide is registered with the
Administrator under section 3; or
``(II) all of the active ingredients in the
pesticide are the subject of a food tolerance
established under section 408 or 409 of the
Federal Food, Drug, and Cosmetic Act.
``(iii) No person shall export to any country of
use a pesticide if the pesticide is for use in
connection with agricultural production related to food
use unless--
``(I) the pesticide is registered under
section 3 with the Administrator for use in
connection with agricultural production related
to food; or
``(II) the active ingredients of the
pesticide are the subject of a food tolerance
established under section 408 or 409 of the
Federal Food, Drug, and Cosmetic Act.
``(iv) A tolerance whose revocation or suspension
has been delayed pursuant to section 408(p) of the
Federal Food, Drug, and Cosmetic Act shall be
considered to have been revoked or suspended for
purposes of this section.
``(v) Temporary tolerances established pursuant to
section 408(j) of the Federal Food, Drug, and Cosmetic
Act, and tolerances set at a zero level pursuant to
section 408(b) of such Act, shall have no effect for
purposes of this section.
``(C) A pesticide shall be considered to be for use
in conjunction with agricultural production related to
food use in a country of use, for purposes of this
section, if there is substantial evidence that, in the
country of use--
``(i) on the basis of the advertising,
promotion, packaging, distribution, labeling of
the pesticide, or other circumstances, it is
probable that the pesticide may be used in
connection with agricultural production related
to food use;
``(ii) patterns of pesticide marketing or
use indicate that it is probable that the
pesticide may be used in connection with
agricultural production related to food use;
``(iii) the pesticide is in use in
connection with agricultural production related
to food use; or
``(iv) the quantity of the pesticide that
an exporter intends to export to a country of
use exceeds the quantity, on the basis of
expectations of use, that could be used in the
country of use for use other than in connection
with agricultural production related to food
use.
``(2) Additional requirements for the export of certain
pesticides.--
``(A) The export of the following pesticides shall
be subject to the additional requirements set forth in
this paragraph:
``(i) Pesticides for which a restricted use
classification is effective under section 3.
``(ii) Pesticides that are subject to an
order of suspension under section 6(c).
``(iii) Pesticides that are the subject of
a cancellation proceeding under section 6(b).
``(iv) Pesticides that are the subject of a
conditional registration under section
3(c)(7)(C).
``(v) Pesticides that are the subject of an
interim administrative review described in
section 3(c)(8).
``(vi) Pesticides that contain an active
ingredient that is included on the World Health
Organization list of Class 1A, `extremely
hazardous', or Class 1B, `highly hazardous',
pesticides.
``(vii) Pesticides that contain an active
ingredient that was the subject of a
registration under section 3 that was canceled,
or was amended to delete a registered use.
``(viii) To the extent not in conflict with
requirements of the country of use, the
pesticide is not packaged, and stored, in
conformity with standards for composition and
quality of the Food and Agriculture
Organization of the United Nations.
``(ix) Pesticides that contain an
ingredient that is the subject of an
administrative review by Administrator as to
whether the ingredient is inert, or that the
Administrator has determined by rule are of
toxicological concern for purposes of this Act.
``(B)(i) Prior to shipment of a pesticide that is
subject to the requirements of this paragraph, the
exporter shall provide to the Administrator notice of
shipment that identifies--
``(I) the common or trade names by which
the pesticide is known in the country of use;
``(II) a complete chemical description of
the active ingredients of the pesticide,
including any commonly accepted, chemical
(generic), or abbreviated chemical name known
in the country of use for the active
ingredients;
``(III) the name and address of the
producer and exporter;
``(IV) the name and address of the foreign
purchaser;
``(V) the intended date and quantity of
shipment of the pesticide;
``(VI) a description of the manner of
transport of the shipment;
``(VII) the name of the country of use that
is the ultimate destination of the shipment;
and
``(VIII) the name of the raw agricultural
commodity (as defined in section 201(r) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(r)), or processed food, if any, on which
the pesticide is intended or likely to be used.
``(ii) For each pesticide identified in a notice
submitted under clause (i), if the notice is the first
such notice that identifies a country of use for the
pesticide that is received by the Administrator during
the 12-month period immediately preceding the date of
the receipt of the notice, the Administrator shall,
within 20 days of the receipt of the notice submitted
under clause (i), notify the appropriate official in
the appropriate regulatory department or agency
designated by the country of use and the office
responsible for the International Register of
Potentially Toxic Chemicals of the intended export.
``(iii) The notice by the Administrator required
under clause (ii) shall contain a description in
English, and in an official language of the country of
use, of--
``(I) the information required by clause
(i);
``(II) if the pesticide is subject to a
conditional registration under section
3(c)(7)(C), an interim administrative review or
suspension or cancellation proceeding, or is
classified for restricted use under this Act, a
statement explaining the reasons for that
status;
``(III) alternatives known to the
Administrator, including nonchemical
alternatives, to the use of the pesticide; and
``(IV) the name and address of the office
of the Environmental Protection Agency that, on
request of an appropriate official of the
country of use, will provide additional
information concerning the pesticide and
alternatives to the use of the pesticide.
``(iv) The notice by the Administrator required
under clause (ii) shall clearly inform its recipient--
``(I) that, pursuant to paragraph (3), the
pesticide will not be exported to the country
of use if the country of use does not consent
to the export of the pesticide;
``(II) that the country of use may give
conditional consent to the export of the
pesticide, except that the conditions will not
be honored unless the country of use informs
the Administrator of the conditions; and
``(III) of the manner in which the country
of use may inform the Administrator that it
consents, does not consent, or gives
conditional consent.
``(3) Exports not permitted as offensive to the public
policy of the country of use.--
``(A) If a country informs the Administrator, or an
international agency of which the United States is a
member, that the country does not consent or gives
conditional consent to the importation of a pesticide
or class of pesticides, the Administrator shall publish
a notice in the Federal Register that the Administrator
has been so informed, not later than 10 days after the
receipt by the Administrator of the information.
``(B) The Administrator shall publish such a notice
concerning a specific country of use--
``(i) in response to a communication
received from a country of use in response to a
notice issued by the Administrator in
accordance with paragraph (2)(B)(ii) that
informs the Administrator that the country of
use refuses to consent to the importation of
the pesticide or gives conditional consent,
except that the failure of the country of use
to respond to the Administrator's notice within
120 days of the date on which the Administrator
issues the notice shall be considered a refusal
of consent; or
``(ii) in accordance with a treaty or
international agreement to which the United
States is a party; or
``(iii) in response to a communication
received by the Administrator from an
appropriate official of the country of use,
informing the Administrator that the country of
use does not consent to the importation of the
pesticide or that the country of use gives
conditional consent to the importation of the
pesticide.
``(C) Subsequent to the publication of such a
notice--
``(i) no such pesticide may be exported to
a country of use that has refused consent; and
``(ii) no such pesticide may be exported to
a country of use that has given conditional
consent unless the conditions on which the
consent was given are met.
``(D) Any refusal of consent or conditional consent
by a country of use shall be considered as continuing
in nature and shall be effective until modified or
withdrawn by the country of use.
``(E) A refusal by a country of use to consent to
the importation of a pesticide shall not be effective
unless the country of use certifies to the
Administrator that it--
``(i) is not producing and will not produce
the pesticide or a similar product with the
same active ingredient; and
``(ii) is not importing and will not
consent to the importation of the pesticide or
a similar product with the same active
ingredient from any other country.
``(F) If the Administrator makes a determination
that a country of use is not in compliance with the
certification provided under subparagraph (E), the
Administrator shall promptly withdraw the notice
published under subparagraph (A).
``(4) Temporary waiver for control of communicable
disease.--On the request of the government of a country of use,
the Administrator may issue a temporary waiver from any
requirement under paragraph (1), (2), or (3) to permit the
export to a country of use of a pesticide that does not
otherwise meet the requirements for export under paragraph (1),
(2), or (3) to prevent the imminent spread or to arrest the
spread of a communicable disease of humans that poses a serious
threat to public health in the country of use, if--
``(A) based on the certification of the country of
use and all other information available to the
Administrator, the Administrator makes a determination
that--
``(i) the pesticide is to be used on a
temporary basis for a period of time that shall
not exceed 180 days;
``(ii) there is no practical chemical or
nonchemical alternative to using the pesticide
to prevent the imminent spread or arrest the
spread of a communicable disease that poses a
serious threat to the public health in the
country of use; and
``(iii) the pesticide will not be used as
part of a routine continuing pest control
program;
``(B) no quantity of the pesticide shall be
exported in excess of a quantity that the
Administrator, in consultation with the country of use,
determines to be necessary to accomplish the purpose
for the use of the pesticide under this paragraph;
``(C) the exporter agrees to provide for the return
from the country of use any unused or excess quantities
of the pesticide at the time the purpose for the use of
pesticide under this paragraph has been accomplished;
and
``(D) the Administrator publishes a notice in the
Federal Register prior to the exportation of the
pesticide, or as soon thereafter as practicable, that
includes--
``(i) the request made by the country of
use;
``(ii) the factual basis for any
determination that the Administrator makes
under this paragraph;
``(iii) the identity of the exporter and
the country of use;
``(iv) the quantity and identity of the
pesticide (including a complete chemical
description of the active ingredient of the
pesticide that includes any commonly accepted
chemical (generic) or abbreviated chemical name
of the active ingredient) that the
Administrator authorizes for export under this
paragraph; and
``(v) the estimated dates of export for the
pesticide.
``(5) Temporary waiver in circumstances of famine.--On the
request of the government of the country of use, the
Administrator may issue a temporary waiver from any requirement
under paragraph (1), (2), or (3) to permit the export of a
pesticide that does not otherwise meet the requirements for
export under paragraph (1), (2), or (3) to stop the spread or
to prevent the imminent spread of a pest that is destroying or
will destroy sufficient quantities of the food supply of the
country of use so as to result in widespread famine or human
starvation in the country of use, if--
``(A) based on the certification of the country of
use and all other information available to the
Administrator, the Administrator makes a determination
that--
``(i) the pesticide is to be used on a
temporary basis for a period of not to exceed
180 days;
``(ii) the pesticide will only be used to
stop the spread or to prevent the imminent
spread of a pest that is destroying or will
destroy sufficient quantities of the food
supply of the country of use so as to result in
widespread famine or human starvation in the
country of use;
``(iii) there is no practical chemical or
nonchemical alternative to the use of the
pesticide to stop the spread or to prevent the
imminent spread of the pest in the country of
use in time to prevent the destruction of such
quantities of the food supply of the country of
use as to result in human starvation in the
country of use;
``(iv) the pesticide will not be used as
part of a routine; continuing pest control
program; and
``(v) based on information provided by the
country of use, food supplies that are stored
in the country of use, available for purchase
by the country of use, or are likely to be made
otherwise available to the country of use, are
not likely to be adequate to prevent widespread
famine or human starvation caused by the pest
in the country of use;
``(B) no quantity of the pesticide shall be
exported in excess of a quantity that the
Administrator, in consultation with the country of use,
determines to be necessary to accomplish the purpose
for the use of the pesticide under this paragraph;
``(C) the exporter agrees to provide for the return
from the country of use any unused or excess quantities
of the pesticide at the time the purpose for the use of
the pesticide under this paragraph has been accomplished; and
``(D) the Administrator publishes a notice in the
Federal Register prior to the exportation of the
pesticide, or as soon thereafter as practicable, that
includes--
``(i) the request made by the country of
use;
``(ii) the factual basis for any
determination that the Administrator makes
under this paragraph;
``(iii) the identity of the exporter and
the country of use;
``(iv) the quantity and identity of the
pesticide (including a complete chemical
description of the active ingredient of the
pesticide that includes any commonly accepted
chemical (generic), or abbreviated chemical
name of the active ingredient) that the
Administrator authorizes for export under this
paragraph; and
``(v) the estimated dates of export for the
pesticide.
``(6) Special exemption for the export of experimental
pesticides.--
``(A) An exporter may export a pesticide for
experimental use in a country of use if--
``(i) the active ingredients of the
pesticides have not been and are not the
subject of any registration under section 3;
and
``(ii) the pesticide is to be used only for
research or experimental purposes.
``(B) No pesticide subject to this act may be
exported for experimental use without the written
consent of the government of the country of use. The
consent shall be obtained in the manner prescribed in
this paragraph.
``(C)(i) In order to obtain the written consent of
the government of country of use, the exporter shall
submit a written request for consent to export the
experimental pesticide to the Administrator and to the
government of the country of use.
``(ii) The Administrator shall transmit to the
appropriate official in the appropriate agency
responsible for the regulation of pesticides in the
country of use the written request, a summary of all
available information relating to the actual and
potential adverse effects of the experimental pesticide
on human health and the environment prepared by the
Administrator, and a complete statement of the factual
basis for the issuance by the Administrator of an
experimental use permit under section 5(a) for the
pesticide if the permit has been issued for the
pesticide.
``(iii) Not later than 60 days after the receipt of
a request under clause (ii), the Administrator shall
certify whether the request meets the requirements of
clause (iv).
``(iv) On receipt of a request for consent to
export an experimental pesticide, the Administrator
shall publish in the Federal Register a notice of the
receipt of the response. The notice shall identify the
experimental pesticide, crop, and target pest that is
the subject of the request, the producer and exporter
of the pesticide, and the country of use to which the
request for permission to export of the pesticide was
transmitted.
``(v) The written request transmitted by the
Administrator to the country of use shall be subject to
public review.
``(D) A written request for consent that is
submitted to the Administrator for transmittal to the
country of use, and submitted to the country of use,
shall identify the pesticide for experimental use and
the active ingredients of the pesticide and include--
``(i) the name of the exporter;
``(ii) the trade names and chemical names
of the active ingredients of the pesticide
(including any commonly accepted, generic, or
abbreviated chemical names);
``(iii) a complete description of the
proposed experimental activity, including the
formulation of the pesticide, the application
rates and methods, the pests that are sought to
be controlled, the locations where the
experimental use will be made, the size of the
areas where the experimental pesticide will be
applied, the dates on which the experiment will
be conducted, and the manner in which
experimental data will be collected and
recorded;
``(iv) the name of the persons who shall be
responsible for the design and execution of the
experiment and for the evaluation of the
results of the experiment, along with the
qualifications of the persons;
``(v) the name, address, and qualifications
of the person who will be the representative of
the exporter in the country of use and, if
different, the name, address, and
qualifications of the person in the country of
use who will supervise the experiment;
``(vi) the location and manner of storage
of the pesticide in the country of use;
``(vii) the protection techniques, devices,
and measures that will be provided to protect
the health and safety of workers who will apply
the pesticide and the health and safety of
persons who live or work near the intended
location of the experiment;
``(viii) a complete description of the
results of all information known to the
exporter of the toxic effects of the pesticide,
including its effects on the pest that is to be
controlled, its effects on plants and animals
other than the pest that is likely to be
controlled (with special reference to plant and
animal species at and near the intended
location of the experiment, including any crops
or livestock to which the pesticide may be
applied), and its chronic and acute effects on
human health;
``(ix) a complete description of all
information known by the exporter concerning
the environmental persistence and fate of the
pesticide, including the rate and manner of its
degradation, its retention within plants and
livestock, and its movement within water
supplies;
``(x) a written agreement by the exporter
to promptly advise the country of use of any
changes, revisions, or additions in the facts,
circumstances, and information that relate to
the disclosures and that are required by this
paragraph;
``(xi) a written certification by the
exporter that the pesticide will be used only
for experimental purposes, and will not be used
for any commercial purpose;
``(xii) a written agreement by the exporter
that the exporter will destroy any crops or
livestock to which the pesticide is applied or
that the crops or livestock will be fed only to
experimental animals that will be destroyed and
not used for food purposes; and
``(xiii) such other disclosures as the
Administrator may by regulation require.
``(E) Before transmitting the written request to
the country of use, the Administrator may require that
studies be conducted to determine whether the use of
the pesticide under the conditions of the experimental
use may cause unreasonable adverse effects on human
health or the environment. The Administrator may also
amend the request to limit the time during which the
pesticide may be exported or used, or to limit the
amount that may be exported.
``(F) On the request of the appropriate official of
the country of use, the Administrator shall provide a
copy of any records in the files of the Administrator
that are associated with an application for an
experimental use permit pursuant to section 5(a).
``(G) The country of use may consent, deny consent,
or consent to the request on such terms and conditions
as the country of use determines to be appropriate, and
notify the Administrator and exporter of the decision.
``(H) If the official of the country of use sends
to the Administrator a written notice of consent to the
use of the pesticide for research or experimental use,
the Administrator shall, not later than 5 working days
after receipt of the notice, notify the exporter of the
pesticide.
``(I) On receipt of the written notice of consent
from the Administrator or the country of use, the
exporter of the pesticide may export the pesticide in
accordance with--
``(i) the terms of the request submitted
under this paragraph;
``(ii) any terms or condition in the
written notice of consent issued by the
official of the country of use; and
``(iii) the requirements of this section.
``(J) If the exporter of the experimental pesticide
pursuant to written notice of consent received by the
exporter from the government of the country of use, not
from the Administrator, the experimental pesticide may
not be exported until the exporter has transmitted to
the Administrator a copy of the written notice of
consent.
``(K) The request for consent and the notice of
consent issued by the country of use shall be subject
to public review and inspection.
``(L) A producer or exporter of a pesticide that
exports a pesticide for research or experimental use to
a country of use pursuant to this paragraph shall be
subject to the requirements of section 2(p), 2(q), 7,
and 8.
``(7) Cooperation and coordination with food inspection
services.--
``(A) The Administrator shall regularly consult
with the Secretary of Health and Human Services
concerning the inspection by the Department of Health
and Human Services of imported food for pesticide
residues.
``(B)(i) The Administrator shall regularly prepare
a compilation of the information submitted to the
Administrator under this section, and the information
submitted under section 7(c)(1)(B), and shall provide
the compilation to the Secretary of Health and Human
Services.
``(ii) The compilation shall--
``(I) be organized in a manner so as to
provide the Secretary of Health and Human
Services with information that will assist the
Secretary in the inspection of imported food
for pesticide residues;
``(II) be organized and presented in such a
manner as to facilitate the incorporation of
the compilation into the data management system
maintained by the Secretary pursuant to section
4702(a) of the Omnibus Trade and
Competitiveness Act of 1988 (21 U.S.C.
1401(a)); and
``(III) include such additional information
as the Administrator determines is useful to
carry out this paragraph.
``(iii) The Administrator shall prepare the
compilation as expeditiously as possible so as to
provide the compilation to the Secretary of Health and
Human Services and the Secretary of Agriculture in a
timely manner and in no event less frequently than once
each 6 months.
``(b) Notices of Regulatory Events Furnished to Foreign
Governments.--
``(1) In general.--The Administrator shall, not later than
30 days after the effective date of an action described in this
paragraph, transmit a notice to the appropriate officials of
the appropriate departments or agencies of all countries, and
to the office responsible for the International Register of
Potentially Toxic Chemicals. The Administrator shall provide
the notice each time--
``(A) a registration or a cancellation (whether
voluntary or involuntary) or suspension, due in whole
or in part to human health or environmental risks, of
the registration of a pesticide becomes effective or
ceases to be effective under this Act;
``(B) a pesticide is first classified for
restricted use under this Act;
``(C) a registration of a pesticide is made subject
to conditions under section 3(c)(7)(C);
``(D) a pesticide is made subject to an interim
administrative review under section 3(c)(8); or
``(E) a pesticide is found to be ineligible for
reregistration pursuant to section 4(g)(2)(C).
``(2) Contents of notice.--The notice described in
paragraph (1) shall include--
``(A) the factual basis on which the Administrator
made any findings in support of the regulatory action
that is the subject of the notice;
``(B) an explanation of the legal significance of
the regulatory action;
``(C) information available to the Administrator in
the case of any action that causes a pesticide to be
subject to subsection (a)(2)--
``(i) concerning other pesticides
registered under section 3 that could be used
as an alternative to the pesticide including--
``(I) a complete summary of the
regulatory status under this Act of any
alternative pesticide; and
``(II) a summary of possible
adverse effects on human health or on
the environment that any alternative
pesticide may cause;
``(ii) nonchemical alternatives to the
pesticide;
``(iii) the names and addresses of
governmental and nongovernmental international
organizations that the Administrator determines to be capable of
providing information concerning nonchemical alternatives to the
pesticide; and
``(iv) the name and address of the office
of the Environmental Protection Agency that
will, on request, provide additional
information concerning any pesticide that is
subject to regulatory action, and alternatives
to the pesticide.''.
(b) Cooperation in International Efforts.--Subsection (d) of
section 17 of such Act is amended to read as follows:
``(d) Cooperation in International Efforts.--The Administrator
shall--
``(1) sponsor, in cooperation with the Agency for
International Development of the Department of State, the Food
and Drug Administration of the Department of Health and Human
Services, the United States Department of Agriculture, the
United Nations Environment Program and agencies, Food and
Agriculture Organization, and any other appropriate Federal
agencies or departments, not later than 1 year after the date
of the enactment of this subsection, a meeting of
representatives of foreign governments, nongovernmental
organizations, and other interested parties, and sponsor such
additional meetings, as the Administrator determines to be
necessary to promote the development and implementation of
improved research and regulatory programs for pest management,
and improved strategies for sustainable agriculture, including
the promotion and development of integrated pest management and
nonchemical alternatives;
``(2) to the fullest extent possible, provide foreign
countries with technical assistance to develop comprehensive
pesticide regulatory programs; and
``(3) not later than 1 year after the date of enactment of
this subsection, convene, a meeting of representatives of
foreign governments, nongovernmental organizations, and other
interested parties, and sponsor such other meetings as may be
necessary, to actively encourage the adoption of a binding
multilateral convention requiring standard, mandatory notice
and export control measures for pesticides.''.
(c) Citizen Assistance in Enforcement; Application of Section.--
Section 17 of such Act is amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following new
subsection:
``(f) Citizen Assistance in Enforcement.--
``(1) Civil enforcement actions.--Any person may bring a
civil action in a United States district court to secure the
imposition of a civil penalty by the court on any person who
commits an unlawful act specified in section 12(a)(2)(T).
Jurisdiction and venue shall be proper in the judicial district
in which the unlawful act was committed, where the defendant
resides, or where the defendant has a regularly established
place of business. If the court finds that an unlawful act has
been committed, the court shall impose a penalty on the person
committing the act in accordance with section 14(a). One half
of the penalty shall be for the use of the United States and
one half of the penalty shall be paid to the person who brought
the civil action. The court may also impose, as a further
penalty, the plaintiff's costs in bringing the civil action,
including reasonable attorney's fees, expert witness fees, and
expenses.
``(2) Bad faith actions.--If the court finds that no
unlawful act has been committed, that the civil action was
brought in bad faith, and that the civil action was either
brought without reasonable inquiry as to the facts concerning
the alleged unlawful act or was not warranted by existing law
or by a good faith argument for the extension, reversal, or
modification of an existing interpretation of law, the court
may impose a sanction on the person who brought the civil
action, and the attorneys of the person, of not more than
$5,000 and may order them to pay the reasonable costs of the
party accused of committing the unlawful act, including
reasonable attorney's fees.
``(3) Notice required.--No person may bring a civil action
under this subsection unless the person informs the
Administrator 60 days before filing a complaint that a civil
action will be brought and also informs the Administrator of
the complete factual basis for bringing the civil action.
``(4) Same unlawful acts.--No civil action may be initiated
pursuant to this subsection on the basis of the same unlawful
acts that form the basis for proceedings that have already been
initiated under section 14(b) for a criminal violation of this
Act. If proceedings are initiated under section 14(b) for a
criminal violation of this Act on the basis of the same
unlawful acts that form the basis of a civil action that has
already been initiated pursuant to this subsection, the civil
action, to the extent that it is based on the same acts, shall
be dismissed without costs to either party.
``(g) Application of Section.--
``(1) In general.--This section governs the export and
import of all pesticides that are subject to this Act.
``(2) No exemption.--This Act shall not be construed to
exempt any pesticide or device that is subject to this Act from
any requirement of this section, except in the case of a
pesticide or device the domestic use of which is exempt from
this Act pursuant to section 25(b).''.
SEC. 106. HEALTH AND ENVIRONMENTAL EFFECTS REPORTS.
(a) In General.--Not later than 1 year after the effective date of
this Act, and each 4 years thereafter, the Comptroller General shall
report to Congress on--
(1) the operation and effect of this Act (and the
amendments made by this Act), including the administration of
this Act (and such amendments); and
(2) how exported pesticides and their containers are used
and disposed of, and their impact on the public health and
environment of the countries of use.
(b) Information.--The Comptroller General shall solicit information
to carry out this section from knowledgeable parties, including the
governments of the countries of use, exporters and nongovernmental
organizations.
SEC. 107. CONFORMING AMENDMENTS TO TABLE OF CONTENTS.
The table of contents in section 1(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended--
(1) by adding at the end of the items relating to section 2
the following new item:
``(hh) Country of use.''; and
(2) by striking the items relating to section 17 and
inserting the following new items:
``SEC. 17. IMPORTS AND EXPORTS.
``(a) Pesticides or devices intended for export.
``(1) General requirements.
``(2) Additional requirements for the export of certain
pesticides.
``(3) Exports not permitted as offensive to the public
policy of the country of use.
``(4) Temporary waiver for control of communicable disease.
``(5) Temporary waiver in circumstances of famine.
``(6) Special exemption for the export of experimental
pesticides.
``(7) Cooperation and coordination with food inspection
services.
``(b) Notices of regulatory events furnished to foreign
governments.
``(1) In general.
``(2) Contents of notice.
``(c) Importation of pesticides and devices.
``(d) Cooperation in international efforts.
``(e) Citizen assistance in enforcement.
``(1) Civil enforcement actions.
``(2) Bad faith actions.
``(3) Notice required.
``(4) Same unlawful acts.
``(f) Application of section.
``(1) In general.
``(2) No exemption.
``(g) Regulations.''.
TITLE II--PESTICIDE RESIDUE MONITORING
SEC. 201. DATA MANAGEMENT.
Subsection (c) of section 4702 of the Omnibus Trade and
Competitiveness Act of 1988 (21 U.S.C. 1401(c)) is amended to read as
follows:
``(c) Volume Data.--The Food and Drug Administration shall use the
computerized data management systems placed into effect under
subsection (a)(1) to summarize the volume of each type of food product
subject to the requirements of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321 et seq.) that is imported into the United States in
quantities that are determined by the Secretary of Health and Human
Services to be commercial quantities. The summary shall be made by food
product, country of origin, port of entry, pesticides for which the
Secretary routinely monitors, pesticide residues detected, and the
quantity of each pesticide exported from the United States to the
country of origin for agricultural use. The summary shall also indicate
the volume of each type of food actually tested for pesticide residues,
arranged by pesticide, food, and country of origin. Information with
respect to volumes of food products and exported pesticides to be
included in this summary shall, to the extent feasible, be obtained
from other Federal agencies.''.
TITLE III--PESTICIDE TOLERANCES
SEC. 301. REVOCATION OF TOLERANCES AND PRACTICAL TESTING METHODS.
Section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a) is amended by adding at the end the following new subsections:
``(p)(1)(A) If the Administrator, acting under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),
with or without the consent of the registrant, either cancels the
registration of each pesticide that contains a particular pesticide
chemical and that is registered for use on a particular food, or
requires that the registration of each such pesticide be modified to
prohibit the use of the pesticide in connection with the production,
storage, processing, or transportation of the food, the Administrator
shall revoke any tolerance or exemption under this section or section
409 that permits the presence of the pesticide chemical, or any
pesticide chemical that results from its use, in or on the food. The
Administrator shall, not later than 30 days after the date on which
this subparagraph initially applies to the pesticide chemical, publish
a notice in the Federal Register issuing an order revoking any
tolerance or exemption for the use established under this section or
section 409 for the pesticide chemical in or on the food.
``(B) The effective date of a revocation described in subparagraph
(A) shall be 180 days after the date on which subparagraph (A)
initially applies to the pesticide chemical.
``(C) The Administrator may delay the effective date of a
modification or revocation of a tolerance or exemption from the
requirement of a tolerance for a pesticide chemical residue in or on a
food under this section or section 409 if the modification or
revocation would require a lower level of the pesticide chemical
residue in or on the food than the level in effect under the tolerance
or exemption immediately before the date the modification or revocation
would otherwise take effect.
``(D) The Administrator may delay the effective date, to permit the
tolerance or exemption to remain at the level in effect immediately
before the date the modification or revocation would otherwise take
effect, for the period of time that the Administrator determines is
necessary to allow foods that could contain the pesticide chemical
residue as a result of lawful application of the pesticide chemical
prior to the date the modification or revocation would otherwise take
effect to be sold to consumers in the course of the usual practice for
the production, processing, transportation, storage, and distribution
of that type of food.
``(E) The Administrator shall designate the delayed effective date
and describe the determinations supporting the selection of the date in
the order modifying or revoking the tolerance or exemption.
``(F) Notwithstanding subparagraph (C) or (D), the Administrator
shall, in the order modifying or revoking the tolerance or exemption,
establish a shorter period of time for delay of the effective date, or
provide for no delay of the effective date, for the modification or
revocation, if the Administrator determines that the shorter period, or
no delay of the effective date, is necessary to protect the public
health during the period of the delay that would be required under
subparagraph (C) or (D).
``(2)(A) If the Administrator, acting under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),
with or without the consent of the registrant, suspends the use of each
registered pesticide that contains a particular pesticide chemical and
that is labeled for use on a particular food, due in whole or in part
to dietary risks to humans posed by residues of the pesticide chemical
in or on the food, the Administrator shall suspend any tolerance or
exemption under this section or section 409 that allows the presence of
the pesticide chemical, or any pesticide chemical residue that results
from its use, in or on the food.
``(B) The suspension of a tolerance or exemption under subparagraph
(A) shall be effective as long as each associated registration of a
pesticide is suspended under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.).
``(C) While a suspension of a tolerance or exemption is in effect
the tolerance or exemption shall not be considered to be in effect. If
the suspension of the associated registration of the pesticide under
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136
et seq.) is terminated, leaving the registration of the pesticide for
the use in effect under such Act, the Administrator shall rescind any
associated suspension of a tolerance or exemption.
``(D) The effective date of a suspension described in subparagraph
(A) shall be 120 days after the date on which the registration that is
the subject of an order of suspension or an order of emergency
suspension initially applies to the pesticide chemical.
``(E) The effective date of a suspension may be delayed in
accordance with subparagraphs (C), (D), (E) and (F) of paragraph (1).
``(3)(A) In connection with action taken under paragraph (1)(A) or
(2)(A) or taken with respect to pesticides whose registrations were
canceled prior to the effective date of this section, if the
Administrator determines that a residue of the canceled or suspended
pesticide chemical will unavoidably persist in the environment and be
present in or on a food, the Administrator may establish a tolerance
for the pesticide chemical residue at a level that permits the
unavoidable residue to remain in or on the food and will protect the
public health. In establishing such a tolerance, the Administrator
shall use the procedures set forth in subsection (e).
``(B) Not later than 1 year after the date on which action is taken
under paragraph (1)(A) or (2)(A), and not less than annually thereafter
until the date on which the revocation or suspension of the tolerance
becomes effective, the Administrator shall reduce the tolerance for the
pesticide chemical residue under this section or section 409, if any
decrease in residual environmental contamination by the pesticide
chemical, or residues of the pesticide chemical in or on lawfully
treated food has occurred, based on information reasonably available to
the Administrator.
``(4) Review of a final order under this paragraph shall be in
accordance with subsection (i).
``(q)(1) The Administrator shall not establish a tolerance for a
pesticide chemical residue, or allow such a tolerance to remain in
effect, under this section or section 409 unless the Administrator
determines, after consultation with the Secretary, that--
``(A) there is a method for detecting and measuring the
levels of such pesticide chemical residue in or on a food that
will detect the residue at the level established by the
tolerance; and
``(b) such method is the best available, practical method.
``(2) A method shall be considered practical for purposes of
paragraph (1)(B) if--
``(A) the method can be performed by the Secretary on a
routine basis as part of surveillance and compliance sampling
of foods for pesticide chemical residues with the personnel,
equipment, and other resources available to the Secretary; and
``(B)(i) the method is a multi-residue method; or
``(ii) no multi-residue method is available.''.
TITLE IV--PESTICIDE INFORMATION
SEC. 401. DISCLOSING OF PESTICIDES IN IMPORT DOCUMENTS
(a) Raw Agricultural Commodities.--
``(1) In general.--Section 801 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 381) is amended--
``(A) by redesignating subsection (e) as subsection
(f); and
``(B) by inserting after subsection (d) the
following new subsection:
``(e)(1)(A) No raw agricultural commodity may be admitted into the
customs territory of the United States (as defined in general note 2 of
the Harmonized Tariff Schedules of the United States) unless the
importer of the specified agricultural commodity files with the
Secretary and the Secretary of the Treasury, in accordance with
subparagraph (B), an import document that identifies each pesticide
chemical known to be or customarily used on, or in connection with the
production of, the raw agricultural commodity by any agricultural
producer or group of agricultural producers of the raw agricultural
commodity.
``(B) On or before the date on which the raw agricultural commodity
is imported, the importer described in subparagraph (A) shall file with
the Secretary and the Secretary of the Treasury the import document
described in subparagraph (A).
``(2)(A) Except as provided in subparagraph (C), if the Secretary
determines that a sample of the raw agricultural commodity submitted as
the food sample described in subsection (a) contains a pesticide
chemical that was not reported in the import document described in
paragraph (1) (hereafter in this subsection referred to as the
`unreported pesticide chemical'), the Secretary shall, except as
provided in subparagraph (B), require that the importer file with any
import document for any subsequent shipment of the raw agricultural
commodity listed in the import document for the shipment associated
with the sample--
``(i) the results of an analysis designed to detect levels
of residues of the unreported pesticide chemical; and
``(ii) the results of an analysis designed to detect the
levels of all residues of other pesticide chemicals used on, or
in connection with the production of, the raw agricultural
commodity, as determined by the Secretary.
``(B) The Secretary may waive the requirements of clauses (i) and
(ii) of subparagraph (A) after the importer has demonstrated a clear
pattern of consistent compliance under subparagraph (A), as determined
in regulations prescribed by the Secretary. The regulations shall
require that the Secretary take into account whether the failure of the
importer to include an unreported pesticide chemical in an import
document described in paragraph (1) is the first such failure by the
importer.
``(C) Subparagraph (A) shall not apply if the importer described in
subparagraph (A) demonstrates to the satisfaction of the Secretary
that--
``(i) the unreported pesticide chemical in or on the raw
agricultural commodity is attributable to the long-term
environmental persistence of the pesticide; and
``(ii) the level of the residue of the pesticide chemicals
in or on the raw agricultural commodity does not pose a risk to
human health.
``(3) To the extent allowable by law, the Secretary shall, on
request by the appropriate official of a State agency or department
responsible for the monitoring of raw agricultural commodities for
residues of pesticide chemicals in or on the commodities, provide to
the official any information obtained by the Secretary in the
administration of this subsection.''.
(2) Conforming amendments.--
(A) Section 304(d)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 334(d)(1)) is amended by
striking ``801(d)'' each place the term appears and
inserting ``801(f)''.
(B) Section 802 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 382) is amended--
(i) in subsection (b)(1)(G), by striking
``801(d)'' and inserting ``801(f)''; and
(ii) in subsection (f)(1)(E), by striking
``801(d)'' and inserting ``801(f)''.
(b) Meat.--Section 20 of the Federal Meat Inspection Act (21 U.S.C.
620) is amended by adding at the end the following new subsection:
``(i)(1)(A) No meat may be admitted into the customs territory of
the United States (as defined in general note 2 of the Harmonized
Tariff Schedule of the United States) unless the importer of the meat
files with the Secretary and the Secretary of the Treasury, in
accordance with subparagraph (B), an import document that identifies
each pesticide chemical known to be or customarily used on, or in
connection with the production of, the meat by any agricultural
producer or group of agricultural producers of the meat.
``(B) On or before the date on which the product is imported, the
importer described in subparagraph (A) shall file with the Secretary
and the Secretary of the Treasury the import document described in
subparagraph (A).
``(2)(A) Except as provided in subparagraph (C), if the Secretary
determines that a sample of the meat submitted under subsection (f)
contains a pesticide chemical that was not reported in the import
document described in paragraph (1) (hereafter in this paragraph
referred to as the `unreported pesticide chemical'), the Secretary
shall, except as provided in subparagraph (B), require that the
importer file with any import document for any subsequent shipment of
the product listed in the import document for the shipment associated
with the sample--
``(i) the results of an analysis designed to detect levels
of residues of the unreported pesticide chemical; and
``(ii) the results of an analysis designed to detect the
levels of all residues of other pesticide chemicals used on, or
in connection with the production of, the meat, as determined
by the Secretary.
``(B) The Secretary may waive the requirements of clauses (i) and
(ii) of subparagraph (A) after the importer has demonstrated a clear
pattern of consistent compliance under subparagraph (A), as determined
in regulations prescribed by the Secretary. The regulations shall
require that the Secretary take into account whether the failure of the
importer to include an unreported pesticide chemical in an import
document described in paragraph (1) is the first such failure by the
importer.
``(C) Subparagraph (A) shall not apply if the importer described in
subparagraph (A) demonstrates to the satisfaction of the Secretary
that--
``(i) the unreported pesticide chemical in or on the meat
is attributable to the long-term environmental persistence of
the pesticide; and
``(ii) the level of the residue of the pesticide chemicals
in or on the meat does not pose a risk to human health.
``(3) To the extent allowable by law, the Secretary shall, on
request by the appropriate official of a State agency or department
responsible for the monitoring of food for residues of pesticide
chemicals in or on the food, provide to the official any information
obtained by the Secretary in the administration of this subsection.''.
(c) Poultry.--Section 17 of the Poultry Products Inspection Act (21
U.S.C. 466) is amended by adding at the end the following new
subsection:
``(e)(1)(A) No imported poultry described in subsection (d) may be
admitted into the customs territory of the United States (as defined in
general note 2 of the Harmonized Tariff Schedule of the United States)
unless the importer of the poultry files with the Secretary and the
Secretary of the Treasury, in accordance with subparagraph (B), an
import document that identifies each pesticide chemical known to be or
customarily used on, or in connection with the production of, the
poultry by any agricultural producer or group of agricultural producers
of the poultry.
``(B) On or before the date on which the poultry is imported, the
importer described in subparagraph (A) shall file with the Secretary
and the Secretary of the Treasury the import document described in
subparagraph (A).
``(2)(A) Except as provided in subparagraph (C), if the Secretary
determines that a sample of the poultry submitted under subsection (d)
contains a pesticide chemical that was not reported in the import
document described in paragraph (1) (hereafter in this paragraph
referred to as the `unreported pesticide chemical'), the Secretary
shall, except as provided in subparagraph (B), require that the
importer file with any import document for any subsequent shipment of
the poultry listed in the import document for the shipment associated
with the sample--
``(i) the results of an analysis designed to detect levels
of residues of the unreported pesticide chemical; and
``(ii) the results of an analysis designed to detect the
levels of all residues of other pesticide chemicals used on, or
in connection with the production of, the poultry, as
determined by the Secretary.
``(B) The Secretary may waive the requirements of clauses (i) and
(ii) of subparagraph (A) after the importer has demonstrated a clear
pattern of consistent compliance under subparagraph (A), as determined
in regulations prescribed by the Secretary. The regulations shall
require that the Secretary take into account whether the failure of the
importer to include an unreported pesticide chemical in an import
document described in paragraph (1) is the first such failure by the
importer.
``(C) Subparagraph (A) shall not apply if the importer described in
subparagraph (A) demonstrates to the satisfaction of the Secretary
that--
``(i) the unreported pesticide chemical in or on the
poultry is attributable to the long-term environmental
persistence of the pesticide; and
``(ii) the level of the residue of the pesticide chemicals
in or on the poultry does not pose a risk to human health.
``(3) To the extent allowable by law, the Secretary shall, on
request by the appropriate official of a State agency or department
responsible for the monitoring of food for residues of pesticide
chemicals in or on the food, provide to the official any information
obtained by the Secretary in the administration of the subsection.''.
(d) Eggs.--Section 17 of the Egg Products Inspection Act (21 U.S.C.
1046) is amended by adding at the end the following new subsection:
``(e)(1)(A) No imported egg or egg product described in subsection
(a) may be admitted into the customs territory of the United States (as
defined in general note 2 of the Harmonized Tariff Schedule of the
United States) unless the importer of the egg or egg product files with
the Secretary and the Secretary of the Treasury, in accordance with
subparagraph (B), an import document that identifies each pesticide
chemical known to be or customarily used on, or in connection with the
production of, the egg or egg product by any agricultural producer or
group agricultural producers of the egg or egg product.
``(B) On or before the date on which the egg or egg product is
imported, the importer described in subparagraph (A) shall file with
the Secretary and the Secretary of the Treasury the import document
described in subparagraph (A).
``(2)(A) Except as provided in subparagraph (C), if the Secretary
determines that a sample of the egg or egg product submitted under
subsection (a) contains a pesticide chemical that was not reported in
the import document described in paragraph (1) (hereafter in
this paragraph referred to as the `unreported pesticide chemical'), the
Secretary shall, except as provided in subparagraph (B), require that
the importer file with any import document for any subsequent shipment
of the egg or egg product listed in the import document for the
shipment associated with the sample--
``(i) the results of an analysis designed to detect levels
of residues of the unreported pesticide chemical; and
``(ii) the results of an analysis designed to detect the
levels of all residues of other pesticide chemicals used on, or
in connection with the production of, the egg or egg product,
as determined by the Secretary.
``(B) The Secretary may waive the requirements of clauses (i) and
(ii) of subparagraph (A) after the importer has demonstrated a clear
pattern of consistent compliance under subparagraph (A), as determined
in regulations prescribed by the Secretary. The regulations shall
require that the Secretary take into account whether the failure of the
importer to include an unreported pesticide chemical in an import
document described in paragraph (1) is the first such failure by the
importer.
``(C) Subparagraph (A) shall not apply if the importer described in
subparagraph (A) demonstrates to the satisfaction of the Secretary
that--
``(i) the unreported pesticide chemical in or on the egg or
egg product is attributable to the long-term environmental
persistence of the pesticide; and
``(ii) the level of the residue of the pesticide chemicals
in or on the egg or egg product do not pose a risk to human
health.
``(3) To the extent allowable by law, the Secretary shall, on
request by the appropriate official of a State agency or department
responsible for the monitoring of food for residues of pesticide
chemicals in or on the food, provide to the official any information
obtained by the Secretary in the administration of this subsection.''.
SEC. 402. ANNUAL REPORTS BY AGRICULTURAL ATTACHES.
Section 108 of the Agricultural Act of 1954 (7 U.S.C. 1748) (as
added by section 1532 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (Public Law 101-624)) is amended--
(1) In subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(B); and
(B) by adding after subparagraph (C) the following
new subparagraph:
``(D) the customary use of the pesticides in the
production of agricultural commodities in such
countries, except that--
``(i) a priority shall be placed on
gathering information on agricultural
commodities that the country exports to the
United States; and
``(ii) to the extent practicable, gather
information on agricultural commodities that
the country may export to the United States via
a third country; and''; and
(2) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and ''; and
(C) by adding at the end thereof the following new
paragraph:
``(5) annually provide the information in reports prepared
under subsection (a)(1)(D) to the Secretary of Health and Human
Services and the Secretary of the Treasury.''.
TITLE V--EFFECTIVE DATES
SEC. 501. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this section, this
Act and the amendments made by this Act shall become effective on the
date of enactment of this Act.
(b) Imports and Exports.--The amendments made by section 105 shall
become effective 180 days after the date of enactment of this Act.
(c) Pesticide Residue Monitoring.--The amendment made by title II
shall become effective 1 year after the date of enactment of this Act.
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