legislation: 98-hr-5495
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 98-hr-5495 | 98 | hr | 5495 | A bill to amend section 408 of the Federal Food, Drug, and Cosmetic Act to authorize emergency action with respect to pesticide chemicals which present an imminent hazard to the public health, to revise the procedures under such section for changes in tolerances and exemptions for pesticide chemicals, and for other purposes. | Environmental Protection | 1984-04-12 | 1984-05-24 | Subcommittee Hearings Held. | House | Rep. Waxman, Henry A. [D-CA-24] | CA | D | W000215 | 5 | Amends the Federal Food, Drug, and Cosmetic Act to authorize the Administrator of the Environmental Protection Agency to issue an order to revoke an exemption from the tolerance requirements for a pesticide chemical in or on a raw agricultural commodity and establish a tolerance for such chemical, if it is determined that such action is necessary to prevent an imminent hazard to the public health. Makes such an order effective upon its issuance and requires its publication in the Federal Register. Sets forth provisions for a public hearing on such order. States that the effective date of any such order shall not be delayed during administrative or judicial review. Prohibits judicial review until completion of a hearing. Directs the Administrator to revoke exemptions in effect for residues of ethylene dibromide and establish a tolerance for such chemical under which only residues of the chemical which are safe will be permitted to remain in or on the raw agricultural commodity. Declares that Federal rule making procedures shall apply to rules to amend regulations establishing tolerances or exempting tolerances, except that the Administrator may allow informal hearings on such rules. Sets forth revocation procedures, if it is determined that residues of a pesticide chemical permitted by a tolerance established under such regulations may not be safe. Includes among the factors to be considered in promulgating regulations establishing tolerances: (1) the potential acute and chronic health hazards which may result from exposure to residues of a pesticide chemical; and (2) the synergistic effect upon health of combining certain pesticide residues in or on raw agricultural commodities. Requires the Administrator to establish tolerances at zero level for pesticides determined not to leave any residues in or on raw agricultural commodities. Prohibits the Administrator from exempting a pesticide chemical from the necessity for a tolerance on the ground that there is no practical method of detecting its residues or that the pesticide does not leave residues on agricultural commodities. Revises provisions with respect to persons who may petition for the registration of a pesticide to conform to provisions of this Act. Sets forth provisions for the Administrator to revoke a regulation if it is found that false, misleading, or inaccurate information was submitted in connection with its promulgation. Provides that tolerances or exemptions established as a result of postponements shall not remain in effect for more than 180 days. Requires the Administrator, during the four years after enactment of this Act, to conduct a survey of the information available on the aforementioned additional factors for establishing pesticide tolerances to determine: (1) if such information was submitted in connection with a proceeding to establish a tolerance; and (2) if such information was derived from well-conducted studies and is consistent with sound scientific principles. Sets forth revocation procedures for tolerances resulting in unfavorable determinations. Requires the Administrator within 180 days of enactment of this Act, to review the pesticide exemptions in effect to determine: (1) if there is any practical method of detecting such pesticide residues in or on raw agricultural commodities; (2) if such pesticide leaves any residue in or on such commodities; or (3) if such residues are safe. Sets forth revocation procedures. Directs the Secretary of Health and Human Services to conduct random samplings of raw agricultural commodities imported into the United States to determine if the amounts of pesticide residues on such commodities meet Federal standards. Sets forth procedures for the Administrator if the use of a pesticide chemical is cancelled, suspended, or voluntarily withdrawn under the Federal Insecticide, Fungicide, and Rodenticide Act. Transfers the functions of the Secretary of Health and Human Services with respect to pesticide tolerances to the Administrator of the Environmental Protection Agency. | 2024-02-05T14:30:09Z |