Sec. 4. Emergency review of pesticides banned in other nations
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Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136d ) is amended by adding at the end the following: The Administrator shall immediately suspend the registration of any active ingredient or pesticide product that is— banned or otherwise prohibited from entering the market by the European Union, 1 or more countries in the European Union, or Canada; and registered for use within the United States. The Administrator shall complete an expedited review of the justification and rationale for the ban of a pesticide by the European Union or a country described in paragraph (1)(A).
In carrying out an expedited review with respect to each pesticide under subparagraph (A), the Administrator shall provide notice and an opportunity for public comment. Notwithstanding any other provision of law, including subsection (b), if the Administrator determines after a review under paragraph
(2)that the pesticide under review may be dangerous in accordance with subparagraph (B), the registration that is suspended shall be canceled not later than 2 years after the date of completion of the review. The Administrator shall determine that a pesticide under review under paragraph
(2)may be dangerous if substantial information indicates that the pesticide may— be carcinogenic; be acutely toxic; be an endocrine disruptor; cause harm to a pregnant woman or a fetus; or cause neurological or developmental harm. In determining whether a pesticide under review under paragraph
(2)may be dangerous, the Administrator shall consider relevant evidence, including— epidemiological data; peer-reviewed literature; and data generated by a State or Federal agency or an agency of a foreign government. Notwithstanding any requirements or criteria under parts 152 and 160 of title 40, Code of Federal Regulations (or successor regulations), or any rule issued by the Administrator under docket number EPA–HQ–OA–2018–0259, the Administrator shall not discount, otherwise ignore, or give disproportionately more or less weight to evidence described in clause (i). In determining whether a pesticide under review under paragraph
(2)may be dangerous, the Administrator shall not consider any economic analysis of the benefits or costs of continuing to register the pesticide. Prior to making a final determination under subparagraph (A), the Administrator shall provide a draft determination for not less than 90 days of public comment. Any person may bring a civil action against the Administrator where there is an alleged failure of the Administrator to comply with any provision of this subsection. An action under subparagraph
(A)shall be reviewable in the district courts of the United States pursuant to section 16(a). .
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Sec. 4
Emergency review of pesticides banned in other nations
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