legislation: 98-s-1774
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
This data as json
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| 98-s-1774 | 98 | s | 1774 | Federal Insecticide, Fungicide, and Rodenticide Reform Act | Environmental Protection | 1983-08-04 | 1983-08-04 | Read twice and referred to the Committee on Agriculture. | Senate | Sen. Proxmire, William [D-WI] | WI | D | P000553 | 3 | Federal Insecticide, Fungicide, and Rodenticide Reform Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act expand the definition of "active ingredient" to include any ingredient of a pesticide which will endanger human beings. Revises Environmental Protection Agency (EPA) information requirements for pesticide registration. Provides that waivers and variation in data requirements may be granted only if the advisability of the waiver or variation is clearly established. Requires the Administrator of EPA to make the data submitted in support of registration applications and petitions to establish tolerances publicly available. Specifies the procedures and provisions governing the joint development and sharing of defensive data as required by the Administrator to fill a data gap. Extends the application comment period from 30 to 90 days. Requires the Administrator, when registering a pesticide, to make a written determination of active and inert ingredients. Requires the Administrator to consider potential chronic health effects in determining whether a pesticide will endanger human beings. Eliminates the Administrator's authority to waive efficiency data requirements. Requires the Administrator to publish in the Federal Register a summary of the factual basis supporting registration actions. Requires, rather than allows, the Administrator to deny registrations when certain requirements are not met. Prohibits the Administrator from granting a conditional registration for a previously canceled or suspended pesticide. Requires the Administrator to make the data submitted in support of a conditional registration publicly available. Repeals provisions specifying the conditions which must be met before initiating an interim administrative review. Directs the Administrator, in all decisions pertaining to classification, to consider the potential contamination of groundwater in determining whether a pesticide should be classified for restricted use. Provides that registration of a pesticide constitutes prima facie evidence that such pesticide is in compliance only if the active ingredient has been registered after enactment of this Act or re-registered since October 21, 1972, and provided that a cancellation proceeding is not in progress and that no required studies are outstanding. Requires the Administrator to publish in the Federal Register a list of pesticide active ingredients not re-registered since September 31, 1978, in order of their priority for re-registration, and a list of active ingredients and data gaps. Requires the Administrator to issue a notice of intent to suspend a pesticide's registration if there are outstanding data gaps on the pesticide and the Administrator has failed to include the ingredient on the re-registration priority list. Provides that a registrant must conduct studies to fill data gaps and report the results of the studies to the Administrator within three years of the publication of the list and data gaps. Requires the Administrator to issue regulations specifying what tests shall be undertaken on inert ingredients. Allows information on inert ingredients to be disclosed under specified circumstances. Revises requirements for restricted use certification. Eliminates provisions that prohibit a State from requiring a written examination as part of the certification process. Prohibits the Administrator from granting an experimental use permit if the use has previously been canceled, suspended, or voluntarily withdrawn for health or environmental reasons. Requires the Administrator to revoke an experimental use permit if such permit will not yield certain registration data. Authorizes the Administrator to immediately issue a notice of intent to cancel a pesticide's registrations, or revoke tolerances, if it appears that false, misleading, or inaccurate supporting information has been submitted. Requires, rather than allows, the Administrator to issue a notice of intent to hold a hearing or cancel a pesticide's registration if it may reasonably be expected to endanger human beings (including children permitted to work in areas treated with pesticides). Restricts the scope of a hearing held to consider data not available to the Administrator either when the hearing for registration of a previously canceled use of a pesticide was terminated or upon issuance of a cancellation decision. Provides that when a use or uses of a pesticide have been canceled, suspended, or voluntarily withdrawn because of health or environmental concerns, such use or uses shall not be eligible for registration unless there are no alternatives to control new or expanding pest infestation. Authorizes the Administrator to issue commercial applicators' recordkeeping regulations. Repeals certain EPA indemnification provisions. Establishes a private right of action against any person (including the United States or any other governmental instrumentality or agency), or against the Administrator for violations under this Act. Specifies time limits and conditions for such an action. Revises the foreign government notification requirement to include cases where a pesticide's registration has been voluntarily withdrawn. Authorizes an Administrator to grant a public health danger exemption to a State or Federal agency when no other pesticide alternatives are available. Provides that such an exemption may not be issued for more than one year or renewed more than twice. Revises requirements regarding the comprehensive national plan for monitoring pesticides. Provides that the plan shall be proposed by rule not later than June 1, 1984, and be effective not later than October 1, 1984. Transfers responsibility for regulating occupational exposure to pesticides to the Occupational Safety and Health Administration. Authorizes States to impose or continue in effect requirements for pesticide labelling or packaging in order to enforce a prohibition on the use of a federally registered pesticide or device in the State. Eliminates the Administrator's discretion to disapprove a special local need registration that is inconsistent with the Federal Food, Drug, and Cosmetic Act. Allows a rebuttable presumption that a special local need for a pesticide does not exist if five or more States seek the same pesticide for the same local need. Revises provisions pertaining to the appointment of members of the Scientific Advisory Panel. Directs the Administrator to appoint members from specified scientific disciplines. Requires the Administrator to promulgate safe use regulations within one year. Allows States to impose enforcement provisions and regulations more stringent than required by Federal law. Allows States two years to adopt an enforcement program responsive to the new requirements and regulations established pursuant to the new requirements and regulations established pursuant to the National Pesticide Hazard Prevention Act. Directs the Administrator to collect registration fees. Provides certain protections for employees who have commenced actions, testified, or otherwise participated in an enforcement action or complaint. Authorizes the Administrator to establish and enforce standards for indoor human exposure to pesticides. Makes certain technical and conforming amendments. | 2025-08-29T17:40:05Z |