1.This Act may be cited as
the Pesticide Registration Improvement
Renewal Act
.
2.Section
3(c)(3)(B)(ii) of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a(c)(3)(B)(ii)) is amended—
(1)in subparagraph
(I), by striking within 45 days
and all that follows through
and,
and inserting review the application in accordance
with section 33(f)(4)(B) and,
; and
(2)in subparagraph
(II), by striking within
and inserting not later than the
applicable decision review time established pursuant to section 33(f)(4)(B),
or, if no review time is established, not later than
.
3.Section 3(g)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(g)(1)) is
amended—
(1)in subparagraph
(A)—
(A)in the first
sentence, by striking The registrations
and inserting the
following:
(i)The
registrations
;
(B)in the second
sentence, by striking The Administrator
and inserting the
following:
(ii)In
accordance with this subparagraph, the
Administrator
;
and
(C)by striking
The goal
and all that follows through No
registration
and inserting the following:
(iii)Initial registration
reviewThe Administrator shall complete the registration review
of each pesticide or pesticide case, which may be composed of 1 or more active
ingredients and the products associated with the active ingredients, not later
than the later of—
(I)October 1, 2022; or
(II)the date that is 15 years after the date
on which the first pesticide containing a new active ingredient is
registered.
(iv)Subsequent registration
reviewNot later than 15 years after the date on which the
initial registration review is completed under clause (iii) and each 15 years
thereafter, the Administrator shall complete a subsequent registration review
for each pesticide or pesticide case.
(v)No
registration
;
(2)by redesignating
subparagraph (B) as subparagraph (C); and
(3)by inserting
after subparagraph (A) the following:
(B)
(i)Subject
to clause (ii), after meeting with 1 or more individuals that are not
government employees to discuss matters relating to a registration review, the
Administrator shall place in the docket minutes of the meeting, a list of
attendees, and any documents exchanged at the meeting, not later than the
earlier of—
(I)the date that is 45 days after the
meeting; or
(II)the date of issuance of the registration
review decision.
(ii)The Administrator shall identify, but not include in
the docket, any confidential business information the disclosure of which is
prohibited by section
10.
.
4.
(a)Section 4(i)(5)(C) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a–1(i)(5)(C)) is amended by striking
amount of
and all that follows through the end of clause (v) and
inserting amount of $22,000,000 for each of fiscal years 2008 through
2012
.
(b)Section 4(i)(5) of the Federal Insecticide Fungicide,
and Rodenticide Act (7 U.S.C. 136a–1(i)(5)) is amended—
(1)in subparagraph
(D)—
(A)in clause (i), by
striking by striking shall be
and all that follows through the
end of subclause (IV) and inserting shall be $71,000 for each of fiscal
years 2008 through 2012; and
; and
(B)in clause (ii),
by striking shall be
and all that follows through the end of
subclause (IV) and inserting shall be $123,000 for each of fiscal years
2008 through 2012.
; and
(2)in subparagraph
(E)(i)—
(A)in subclause (I),
by striking shall be
and all that follows through the end of
item (dd) and inserting shall be $50,000 for each of fiscal years 2008
through 2012; and
; and
(B)in subclause
(II), by striking shall be
and all that follows through the end
of item (dd) and inserting shall be $86,000 for each of fiscal years
2008 through 2012.
.
(c)Extension of
authority for collecting maintenance feesSection 4(i)(5)(H) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a–1(i)(5)(H)) is amended by striking 2008
and inserting
2012.
(d)
(1)Section 4(i)(6) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a–1(i)(6)) is amended by striking
2010
and inserting 2014
.
(2)Prohibition on
tolerance feesSection 408(m) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(m)) is amended by adding at the end the
following:
(3)During
the period beginning on the effective date of the
Pesticide Registration Improvement Renewal
Act and ending on September 30, 2012, the Administrator shall not
collect any tolerance fees under paragraph
(1).
.
(e)Reregistration
and expedited processing fund
(1)Section 4(k)(2)(A) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a–1(k)(2)(A)) is amended—
(A)in the first
sentence, by inserting and to offset the costs of registration review
under section 3(g)
after paragraph (3)
;
(B)in clause (i), by
inserting and to offset the costs of registration review under section
3(g)
after paragraph (3)
; and
(C)in clause (ii),
by inserting and to offset the costs of registration review under
section 3(g)
after paragraph (3)
.
(2)Expedited
processing of similar applicationsSection 4(k)(3)(A) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(k)(3)(A))
is amended by striking 2007 and 2008
and inserting 2008
through 2012
.
5.Pesticide
registration service fees
(a)Section
33(b)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w–8(b)(2)) is amended—
(1)in subparagraph
(C), by striking clause (ii) and inserting the following:
(ii)payment of at
least 25 percent of the registration service fee and a request for a waiver
from or reduction of the remaining amount of the registration service
fee.
;
and
(2)by adding at the
end the following:
(D)The
registration service fee required under this subsection shall be due upon
submission of the application.
(E)Applications
subject to additional feesAn application may be subject to
additional fees if—
(i)the applicant
identified the incorrect registration service fee and decision review
period;
(ii)after review of
a waiver request, the Administrator denies the waiver request; or
(iii)after review of
the application, the Administrator determines that a different registration
service fee and decision review period apply to the application.
(F)Effect of
failure to pay feesThe Administrator shall reject any
application submitted without the required registration service fee.
(G)Non-refundable
portion of fees
(i)The Administrator shall retain 25 percent of the
applicable registration service fee.
(ii)Any
waiver, refund, credit or other reduction in the registration service fee shall
not exceed 75 percent of the registration service fee.
(H)Collection of
unpaid feesIn any case in which the Administrator does not
receive payment of a registration service fee (or applicable portion of the
registration service fee) by the date that is 30 days after the fee is due, the
fee shall be treated as a claim of the United States Government subject to
subchapter II of chapter 37 of title 31, United States
Code.
.
(b)Section 33(b) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136w–8(b)) is amended—
(1)in paragraph
(3)—
(A)in subparagraph
(A), by striking Pesticide Registration Improvement Act of 2003
and inserting Pesticide Registration
Improvement Renewal Act
; and
(B)in subparagraph
(B), by striking S11631
and all that follows through the end of
the subparagraph and inserting S10409 through S10411, dated July 31,
2007.
; and
(2)by striking
paragraph (6) and inserting the following:
(6)
(A)Effective for a covered pesticide registration
application received during the period beginning on October 1, 2008, and ending
on September 30, 2010, the Administrator shall increase by 5 percent the
registration service fee payable for the application under paragraph
(3).
(B)Effective for a covered pesticide registration
application received on or after October 1, 2010, the Administrator shall
increase by an additional 5 percent the registration service fee in effect as
of September 30, 2010.
(C)The
Administrator shall publish in the Federal Register the revised registration
service fee
schedules.
.
(c)Section 33(b)(7)(F) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(b)(7)(F)) is amended—
(1)in clause (ii),
by striking all
and inserting 75 percent
;
and
(2)in clause
(iv)(II), by striking all
and inserting 75 percent of the
applicable.
.
(d)Section
33(b)(8)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136w–8(b)(8)(A)) is amended by striking 10 percent
and
inserting 25 percent.
.
(e)Pesticide
registration fundSection 33(c) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(c)) is amended—
(1)in paragraph
(1)(B), by striking paragraph (4)
and inserting paragraph
(5)
;
(2)in paragraph
(3)—
(A)by striking
subparagraph (B) and inserting the following:
(B)
(i)For each of fiscal years 2008 through 2012, the
Administrator shall use approximately 1/17 of the amount
in the Fund (but not less than $1,000,000) to enhance scientific and regulatory
activities relating to worker protection.
(ii)Of the amounts in the Fund, the Administrator shall use
for partnership grants—
(I)for each of
fiscal years 2008 and 2009, $750,000; and
(II)for each of
fiscal years 2010 through 2012, $500,000.
(iii)Pesticide
safety education programOf the amounts in the Fund, the
Administrator shall use $500,000 for each of fiscal years 2008 through 2012 to
carry out the pesticide safety education
program.
;
and
(B)by striking
subparagraph (C); and
(3)in paragraph
(5)—
(A)by redesignating
subparagraphs (A) through (C) as clauses (i) through (iii),
respectively;
(B)by striking
Amounts
and inserting the following:
(A)Amounts
;
and
(C)by adding at the
end the following:
(B)After consultation with the Secretary of the
Treasury, the Administrator may use income from investments described in
clauses (ii) and (iii) of subparagraph (A) to carry out this
section.
.
(f)Section 33(d)(2) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136w–8(d)(2)) is amended by striking For
fiscal years 2004, 2005 and 2006 only, registration
and inserting
Registration
.
(g)Section 33(f) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136w–8(f)) is amended—
(1)in paragraph (1),
by striking Pesticide Registration Improvement Act of 2003
and
inserting Pesticide Registration
Improvement Renewal Act
;
(2)in paragraph (2),
by striking S11631
and all that follows through the end of the
paragraph and inserting S10409 through S10411, dated July 31,
2007.
; and
(3)in paragraph (4),
by striking subparagraph (B) and inserting the following:
(B)Completeness of
application
(i)Not later than 21 days after receiving an application and
the required registration service fee, the Administrator shall conduct an
initial screening of the contents of the application in accordance with clause
(iii).
(ii)If
the Administrator determines under clause (i) that the application does not
pass the initial screening and cannot be corrected within the 21-day period,
the Administrator shall reject the application not later than 10 days after
making the determination.
(iii)Requirements
of screeningIn conducting an initial screening of an
application, the Administrator shall determine whether—
(I)- (aa)the applicable
registration service fee has been paid; or
- (bb)at least 25 percent of the applicable
registration service fee has been paid and the application contains a waiver or
refund request for the outstanding amount and documentation establishing the
basis for the waiver request; and
(II)the application
contains all the necessary forms, data, and draft labeling, formatted in
accordance with guidance published by the
Administrator.
.
(h)Section
33(k) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w–8(k)) is amended—
(1)in paragraph (1),
by striking March 1, 2009
and inserting March 1,
2014
; and
(2)in paragraph
(2)—
(A)in subparagraph
(A)—
(i)by
redesignating clauses (ii) through and (iv) as clauses (v) through (vii),
respectively;
(ii)by
inserting after clause (i) the following
(ii)the number of
label amendments that have been reviewed using electronic means;
(iii)the amount of
money from the Reregistration and Expedited Processing Fund used to carry out
inert ingredient review and review of similar applications under section
4(k)(3);
(iv)the number of
applications completed for identical or substantially similar applications
under section 3(c)(3)(B), including the number of such applications completed
within 90 days pursuant to that
section;
;
and
(iii)in clause (vi)
(as redesignated by clause (i))—
(I)in subclause
(II), by striking and
at the end;
(II)in subclause
(III), by striking and
at the end; and
(III)by adding at
the end the following:
(IV)providing for
electronic submission and review of labels, including process improvements to
further enhance the procedures used in electronic label review; and
(V)the allowance and
use of summaries of acute toxicity studies;
and
;
(B)in subparagraph
(B), by striking and
at the end;
(C)in subparagraph
(C), by striking the period at the end and inserting a semicolon; and
(D)by adding at the
end the following:
(D)a review of the
progress in carrying out section 3(g), including—
(i)the number of
pesticides or pesticide cases reviewed;
(ii)a description of
the staffing and resources relating to the costs associated with the review and
decision making relating to reregistration and registration review for
compliance with the deadlines specified in this Act;
(iii)to the extent
determined appropriate by the Administrator and consistent with the authorities
of the Administrator and limitations on delegation of functions by the
Administrator, recommendations for—
(I)process
improvements in the handling of registration review under section 3(g);
(II)providing for
accreditation of outside reviewers and the use of outside reviewers in the
registration review process; and
(III)streamlining
the registration review process, consistent with section 3(g);
(E)a review of the
progress in meeting the timeline requirements for the review of antimicrobial
pesticide products under section 3(h); and
(F)a review of the
progress in carrying out the review of inert ingredients, including the number
of applications pending, the number of new applications, the number of
applications reviewed, staffing, and resources devoted to the review of inert
ingredients and recommendations to improve the timeliness of review of inert
ingredients.
.
(i)Termination of
effectivenessSection 33(m) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(m)) is amended—
(1)in paragraph (1),
by striking 2008
and inserting 2012
; and
(2)in paragraph
(2)—
(A)in subparagraph
(A)—
(i)in
the subparagraph heading, by striking 2009
and inserting
2013
; and
(ii)by
striking 2009
and inserting 2013
; and
(B)in subparagraphs
(B) and (C)—
(i)in
the subparagraph headings, by striking 2010
each place it
appears and inserting 2014
; and
(ii)by striking
2010
each place it appears and inserting 2014
;
and
(C)in subparagraph
(D), by striking 2008
each place it appears and inserting
2012
.
6.This Act and the
amendments made by this Act take effect on October 1, 2007.