[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 394 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 394

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 1999

  Mr. Dorgan (for himself, Mr. Baucus, and Mr. Conrad) 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 Canadian 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 CANADIAN 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 Canadian Pesticides by States.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Canadian pesticide.--The term `Canadian 
                pesticide' means a pesticide that--
                            ``(i) is registered for use as a pesticide 
                        in Canada;
                            ``(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.
                    ``(B) 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).
            ``(2) Authority to register canadian pesticides.--
                    ``(A) In general.--A State may register a Canadian 
                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 Canadian pesticide by a 
                        State shall be considered a registration of the 
                        pesticide under section 3.
                            ``(ii) Distribution to other states.--A 
                        Canadian 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 
                Canadian pesticide under this subsection shall be 
                considered the registrant of the Canadian pesticide 
                under this Act.
            ``(3) State requirements for registration.--To register a 
        Canadian pesticide under this subsection, a State shall--
                    ``(A)(i) determine whether the Canadian 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 
                Canadian 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; and
                            ``(ii) identify the tolerances or 
                        exemptions in the submission made under 
                        subparagraph (D);
                    ``(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 
                        Canadian 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 Canadian pesticide 
                that includes a statement of the determinations made 
                under this paragraph, the proposed labeling for the 
                Canadian pesticide, and related supporting 
                documentation.
            ``(4) Approval of registration by administrator.--
                    ``(A) In general.--The Administrator shall approve 
                the proposed registration of a Canadian pesticide by a 
                State submitted under paragraph (3)(D) if the 
                Administrator determines that the proposed registration 
                of the Canadian pesticide by the State is consistent 
                with this subsection and other provisions of this Act.
                    ``(B) Notice of approval.--No registration of a 
                Canadian 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.
            ``(5) Labeling of canadian pesticides.--
                    ``(A) Distribution.--After a notice of the approval 
                of a Canadian 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 Canadian pesticide in the 
                State.
                    ``(B) Use.--A Canadian pesticide that is registered 
                by a State under this subsection may be used within the 
                State only if the Canadian pesticide bears the approved 
                label for use in the State.
                    ``(C) Containers.--Each container containing a 
                Canadian pesticide registered by a State shall, before 
                the transportation of the Canadian pesticide into the 
                State and at all times the Canadian 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 
                Canadian pesticide registered by a State shall provide 
                to the State a report that--
                            ``(i) identifies the person that will 
                        receive and use the Canadian pesticide in the 
                        State; and
                            ``(ii) states the quantity of the Canadian 
                        pesticide that will be transported into the 
                        State.
                    ``(E) Affixing labels.--The act of affixing a label 
                to a Canadian 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 
                Canadian pesticides under this subsection shall prepare 
                an annual report that--
                            ``(i) identifies the Canadian pesticides 
                        that are registered by the State;
                            ``(ii) identifies the users of Canadian 
                        pesticides used in the State; and
                            ``(iii) states the quantity of Canadian 
                        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 Canadian pesticide in a State, on the request of the 
        Administrator, the State shall recall the Canadian pesticide.
            ``(8) Suspension of state authority to register canadian 
        pesticides.--
                    ``(A) In general.--If the Administrator finds that 
                a State that has registered 1 or more Canadian 
                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 of 1 or more 
                Canadian pesticides, the Administrator may suspend the 
                authority of the State to register Canadian pesticides 
                under this subsection until such time as the 
                Administrator determines that the State can and will 
                exercise adequate control of the Canadian pesticides.
                    ``(B) Notice and opportunity to respond.--Before 
                suspending the authority of a State to register a 
                Canadian 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 Canadian 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 
        Canadian 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 Canadian 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 Canadian 
        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 Canadian pesticides by 
            States.
            ``(1) Definitions.
            ``(2) Authority to register Canadian 
            pesticides.
            ``(3) State requirements for registration.
            ``(4) Approval of registration by 
            Administrator.
            ``(5) Labeling of Canadian pesticides.
            ``(6) Annual reports.
            ``(7) Recalls.
            ``(8) Suspension of State authority to register 
            Canadian 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 180 days after the date of enactment of this Act.
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