Sec. 9111. Registration of pesticides
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/bill/115/hr/2/ih/section-9111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(5) ) is amended— by redesignating subparagraphs
(A)through
(D)as clauses
(i)through (iv), respectively and moving the margins of such clauses (as so redesignated) 2 ems to the right; by striking and inserting the following: registration .—The Administrator registration.— The Administrator; ; in clause (iii), as so redesignated, by striking ; and at the end and inserting a semicolon; in clause (iv), as so redesignated, by striking the period at the end and inserting ; and ; in the matter following clause (iv), as so redesignated, by striking The Administrator shall not make any lack and all that follows through for use of the pesticide in such State. ; in subparagraph (A), as amended, by adding at the end the following new clause: when used in accordance with widespread and commonly recognized practice it is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly alter, in a manner that is likely to appreciably diminish its value, critical habitat for both the survival and recovery of such species. ; and by adding at the end the following new subparagraphs: In determining whether the condition specified in subparagraph (A)(v) is met, the Administrator shall take into account the best scientific and commercial information and data available, and shall consider all directions for use and restrictions on use specified by the registration. In making such determination, the Administrator shall use an economical and effective screening process that includes higher-tiered probabilistic ecological risk assessments, as appropriate. Notwithstanding any other provision of law, the Administrator shall not be required to consult or otherwise communicate with the Secretary of the Interior and the Secretary of Commerce except to the extent specified in subparagraphs
(C)and (D). Not later than 30 days after the Administrator begins any determination under subparagraph (A)(v) with respect to the registration of a pesticide, the Administrator shall request that the Secretary of the Interior and the Secretary of Commerce transmit, with respect to any federally listed threatened and endangered species involved in such determination, the Secretaries’ best available and authoritative information and data on— the location, life history, habitat needs, distribution, threats, population trends and conservation needs of such species; and relevant physical and biological features of designated critical habitat for such species. After receiving a request under clause (i), the Secretary of the Interior and the Secretary of Commerce shall transmit the information described in such clause to the Administrator on a timely basis, unless the Secretary of the Interior and the Secretary of Commerce have made such information available through a web-based platform that is updated on at least a quarterly basis. The failure of the Secretary of the Interior or the Secretary of Commerce to provide information to the Administrator under clause
(ii)shall not constitute grounds for extending any deadline for action under section 33(f). At the request of an applicant, the Administrator shall request consultation with the Secretary of the Interior and the Secretary of Commerce. With respect to a consultation under this subparagraph, the Administrator and the Secretary of the Interior and the Secretary of Commerce shall comply with subpart D of part 402 of title 50, Code of Federal Regulations (commonly known as the Joint Counterpart Endangered Species Act Section 7 Consultation), or successor regulations. Notwithstanding any other provision of law, beginning on the date of the enactment of this subparagraph, the failure of the Administrator to consult with the Secretary of the Interior and the Secretary of Commerce, except as provided by this section, is not actionable in any Federal court. In any action pending in Federal court on the date of the enactment of this subparagraph or any action brought in Federal court after such date, with respect to the Administrator’s failure to consult with the Secretary of the Interior and the Secretary of Commerce, the sole and exclusive remedy for any such action , other than as otherwise specified in this Act, shall be scheduling the determinations required by section 3(c)(5)(E) for an active ingredient consistent with the periodic review of registrations established by this section. The Administrator shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two pesticides meet the requirements of this paragraph, one should not be registered in preference to the other. In considering an application for the registration of a pesticide, the Administrator may waive data requirements pertaining to efficacy, in which event the Administrator may register the pesticide without determining that the pesticide’s composition is such as to warrant proposed claims of efficacy. If a pesticide is found to be efficacious by any State under section 24(c), a presumption is established that the Administrator shall waive data requirements pertaining to efficacy for use of the pesticide in such State. . Section 3(c)(7) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(7) ) is amended— in subparagraph (A)— by inserting and when used in accordance with widespread and commonly recognized practice, it is not likely to jeopardize the survival of a federally listed threatened or endangered species or appreciably diminish the value of critical habitat for both the survival and recovery of the listed species, after or differ only in ways that would not significantly increase the risk of unreasonable adverse effects on the environment, ; and by inserting and it is not likely to jeopardize the survival of a federally listed threatened or endangered species or appreciably diminish the value of critical habitat for both the survival and recovery of the listed species before . An applicant seeking conditional registration ; and in subparagraph (B), by inserting and it is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly appreciably diminish the value of critical habitat for both the survival and recovery of the listed species before . Notwithstanding the foregoing provisions . Section 3(g)(1)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(g)(1)(A) ) is amended by adding at the end the following new clause: The Administrator shall complete the determination required under subsection (c)(5)(A)(v) for an active ingredient consistent with the periodic review of registrations under clauses
(ii)and
(iii)in accordance with the following schedule: With respect to any active ingredient first registered on or before October 1, 2007, not later than October 1, 2026. With respect to any active ingredient first registered between October 1, 2007, and the day before the date of the enactment of this clause, not later than October 1, 2033. With respect to any active ingredient first registered on or after the date of the enactment of this clause, not later than 48 months after the effective date of registration. .
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Sec. 9111
Registration of pesticides
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