110 HR 4775 IH: Compound 1080 and M–44 Elimination U.S. House of Representatives 2007-12-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 1st Session H. R. 4775 IN THE HOUSE OF REPRESENTATIVES December 18, 2007 Mr. DeFazio (for himself, Mr. George Miller of California, Mr. Farr, Ms. Sutton, Ms. Schakowsky, Mr. Hinchey, Mr. McGovern, Mr. Kucinich, Mr. Moran of Virginia, Mr. Cohen, and Mr. Serrano) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Agriculture and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the manufacture, processing, possession, or distribution in commerce of the poison sodium fluoroacetate (known as Compound 1080), to provide for the collection and destruction of remaining stocks of Compound 1080, to compensate persons who turn in Compound 1080 to the Secretary of Agriculture for destruction, to prohibit the use of certain predator control devices by the federal government, and for other purposes.
1.
Short title
This Act may be cited as the Compound 1080 and M–44 Elimination Act.
2.
Prohibition of Compound 1080
(a)
Immediate prohibition on manufacture, processing, or distribution in commerce of Compound 1080
(1)
Amendment of Toxic Substances Control Act
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended by adding at the end the following new subsection: (f)
Compound 1080
No person may manufacture, process, or distribute in commerce sodium fluoroacetate (known as Compound 1080 or sodium monofluoroacetate). . (2)
Effective date
The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. (b)
Prohibition on possession of Compound 1080
(1)
Prohibition
Whoever (other than a person acting under the authority of section 3(c)) possesses sodium fluoroacetate (known as Compound 1080 or sodium monofluoroacetate) shall be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. (2)
Effective date
This subsection shall take effect at the end of the 18-month period beginning on the first day of the first month beginning on or after the date of the enactment of this Act.
3.
Collection and destruction of stocks of Compound 1080
(a)
Inventory and collection of Compound 1080 held by the Federal government
(1)
Inventory
Not later than 6 months after the date of the enactment of this Act, the Secretary of Agriculture, in collaboration with the Administrator of the Environmental Protection Agency and the Secretary of Homeland Security, shall conduct an inventory to identify stocks of sodium fluoroacetate (known as Compound 1080 or sodium monofluoroacetate) held by, or under the control of, any entity of the Federal government. (2)
Collection
During the collection period, the Secretary of Agriculture, in collaboration with the Secretary of Homeland Security, shall solicit and accept the transfer of stocks of Compound 1080 held by, or under the control of, any entity of the Federal government. (3)
Required Transfer
Each entity of the Federal government— (A)shall identify stocks of Compound 1080 held by, or under the control of, such entity in accordance with the inventory under paragraph (1); (B)shall transfer such stocks to the Secretary of Agriculture during the collection period; and (C)shall transfer such stocks acquired by the entity after the collection period to the Secretary of Agriculture as soon as practicable, but not later than 6 months after the date of the acquisition of such stocks. (b)
Information campaign, collection, and compensation for non-Federal entities
(1)
Information campaign
Beginning not later than 3 months after the date of the enactment of this Act, the Secretary of Agriculture, in collaboration with the Administrator of the Environmental Protection Agency and the Secretary of Homeland Security, shall implement a program to disseminate information to the public about the prohibition of Compound 1080 under section 2 and the collection and compensation program under this subsection. (2)
Collection
During the collection period, the Secretary of Agriculture, in collaboration with the Secretary of Homeland Security, shall solicit and accept the transfer of stocks of Compound 1080 held in public or private ownership in the United States. (3)
Compensation
(A)
In general
The Secretary of Agriculture shall compensate persons (other than an entity of the Federal government) who transfer stocks of Compound 1080 to the Secretary during the collection period for the reasonable value of such stocks as determined by the Secretary. (B)
Funding source
Notwithstanding any other provision of law, the funds to provide the compensation required by subparagraph (A) shall be derived from amounts made available for the Wildlife Services Program of the Department of Agriculture. If such amounts are insufficient to provide compensation to all persons entitled to compensation under such subsection, the Secretary shall use other funds appropriated or otherwise made available to the Department. (c)
Destruction
(1)
Initial destruction
Not later than 2 years following the date of the enactment of this Act, the Secretary of Agriculture, in collaboration with the Secretary of Homeland Security, shall destroy all stocks of Compound 1080 acquired during the collection period and all stocks of Compound 1080 held by, or under the control of, the Department of Agriculture as of the date of the enactment of this Act. (2)
Continuing destruction
After the collection period, the Secretary of Agriculture shall continue to accept the transfer of stocks of Compound 1080 pursuant to subsection (a)(3)(C) and shall destroy all such stocks as soon as practicable. (d)
Collection period defined
In this section, the term collection period means the 18-month period beginning on the first day of the first month beginning on or after the date of the enactment of this Act.
4.
Prohibition on the use of M–44
(a)
Prohibition
No entity of the Federal government may use M–44. (b)
Definition
For the purposes of this Act, the term “M–44” means— (1)sodium cyanide packaged in a dispenser designed to propel sodium cyanide when activated; and (2)any other form of sodium cyanide, including sodium cyanide capsules, used for wildlife management or other animal control purposes.