[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1229 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1229

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 1999

   Mr. Burns 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 
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.
                                 <all>