[Congressional Record Volume 140, Number 25 (Wednesday, March 9, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          PESTICIDE SAFETY TRAINING AND LABELING REQUIREMENTS

  Mr. COCHRAN. Madam President, I ask unanimous consent that it be in 
order for me to send a bill to the desk; that it be immediately 
considered; that it be read a third time and passed; and that the 
motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Is there objection to the request? Without 
objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:.

       A bill (S. 1913) to extend certain compliance dates for 
     pesticide safety training and labeling requirements.

  Mr. LEAHY. Madam President, we have, in the end, decided to accept a 
bill which was offered as an amendment this morning. I do not think it 
will accomplish what some proponents hope it will do. I have consulted 
with the EPA, which advises me of the following.
  First, paragraph (b)(1)(A) concerning enforcement of labeling 
requirements of 40 CFR part 156 states, in essence, that the 
requirements for registrants to amend their labels to add the worker 
protection requirements is not enforceable until January 1, 1995, 
except in certain unspecified States. However, many registrants have 
already submitted label revisions to EPA and are already using the 
amended label on their products. So, this requirement should have 
little, if any, effect. The requirement in paragraph (b)(1)(A) would 
have no effect on enforcement of the label itself and the requirements 
that appear on the label. It is not clear what it would mean for a 
State not to enforce the ``labeling requirements'' of part 156.
  Second, subparagraph (1)(B) of paragraph (b) concerning equivalency 
is vague. First, it is not clear as to which States it applies to. The 
result could be confusion as to which requirements apply in which 
States. Second, it is not clear what it means for a State program to be 
``considered to meet the requirements of the worker protection 
standard.''
  I ask unanimous consent that the bill be printed in the Record
  There being no objection, the bill (S. 1913) was considered, ordered 
to a third reading, read the third time, and passed, as follows:

                                S. 1913

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION. 1. COMPLIANCE DATES FOR PESTICIDE SAFETY 
                   REQUIREMENTS.

       (a) Worker Protection Standards.--
       (1) In general.--The compliance date for provisions of the 
     worker protection standard set forth in part 170.5(c) of 
     subchapter E of chapter I of title 40, Code of Federal 
     Regulations, due to become effective on April 15, 1994, shall 
     be January 1, 1995.
       (2) Pesticide safety training.--Not later than September 
     23, 1994, the Administrator of the Environmental Protection 
     Agency (referred to in this section as the ``Administrator'') 
     shall--
       (A) develop and distribute pesticide safety training 
     materials that convey, at a minimum, the information referred 
     to in section 170.230(c)(4) of such title; and
       (B) assist the appropriate Federal, State, and tribal 
     agencies in implementing pesticide safety training programs 
     required under section 170 of such title.
       (b) Labeling Requirements.--
       (1) Enforcement.--
       (A) In general.--During the period ending on January 1, 
     1995, the labeling requirements for pesticides and devices 
     set forth in subpart K of part 156 of subchapter E of chapter 
     I of title 40, Code of Federal Regulations, due to become 
     effective on April 21, 1994, may be enforced only--
       (i) in a State that has established a worker protection 
     program with respect to pesticides and devices as of the date 
     of enactment of this Act; and
       (ii) for the purpose of enforcing a State program referred 
     to in clause (i).
       (B) Equivalency.--During the period ending on January 1, 
     1995, each worker protection program referred to in 
     subparagraph (A)(i) shall be considered to meet the 
     requirements of the worker protection standard set forth in 
     part 170 of such subchapter. After such date, the 
     Administrator shall reassess whether the program meets the 
     standard.
       (2) Notification of purchasers.--Beginning on April 22, 
     1994, each registrant of pesticides shall provide information 
     for point-of-sale notification to inform purchasers of 
     pesticides that the applicable compliance date for the 
     labeling requirements referred to in paragraph (1)(A) is 
     January 1,1995.
       (c) Existing Authority.--Notwithstanding the foregoing 
     provisions, the existing authority of the Environmental 
     Protection Agency to enforce existing label requirements 
     shall not be affected.

                          ____________________