Sec. 13. Protecting farmworkers from dangerous pesticides
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Section 3(c)(9) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(c)(9) ) (as amended by section 8(b)) is amended by adding at the end the following: The label for any pesticide product shall be printed in both English and Spanish. In a case in which information exists that a pesticide product is used in agriculture by more than 500 individual persons or applicators who speak the same language other than English or Spanish, the Administrator shall provide a translation of that label in the language used by those individuals on the website of the Environmental Protection Agency.
The Administrator shall provide educational information to ensure that all users of a pesticide product are aware that information is available in alternate languages. . The Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) is amended by adding at the end the following: In this section: The term farmworker means an individual of any age that is employed in agriculture, including as a pesticide user or applicator, for any length of time, including migrant and seasonal employees, regardless of classification as a full-time, part-time, or contract employee.
The term farmworker incident means exposure of a farmworker to an active ingredient, a pesticide product, a tank mixture of multiple pesticides, a metabolite, or a degradate that results in— an illness or injury— requiring medical attention or hospitalization of the farmworker; or that requires the farmworker to stop working temporarily or permanently; a permanent disability or loss in function of the farmworker; or death of the farmworker. Whenever a farmworker incident occurs, the employer of each affected farmworker shall report the incident to the Administrator.
Not later than 60 days after the date of enactment of this section, the Administrator shall implement and deploy an online system to facilitate the reporting of farmworker incidents. The online system under subparagraph
(A)shall include, at a minimum, a description of, with respect to each farmworker incident— the time and location; the name of each active ingredient and pesticide product involved; whether such a pesticide was applied in accordance with the label instructions; the harm that resulted to any affected farmworker; the nature of any medical care that was sought by any affected farmworker; and any other pertinent information. The Administrator shall ensure that the online system under subparagraph
(A)allows for anonymous reporting to protect farmworkers from retaliation. An employer described in subsection (b)(1) that fails to report a farmworker incident shall be fined $1,000 per day beginning on the 8th day after the farmworker incident occurs. An employer described in subsection (b)(1) that knowingly fails to report a farmworker incident, or that otherwise pressures or coerces a farmworker to not report a farmworker incident, shall be liable for a criminal penalty of up to $100,000, 6 months in prison, or both. The Administrator shall implement a reward system that a provides monetary award of not less than $25,000 per person per farmworker incident that leads to the identification of 1 or more employers that have failed to report a farmworker incident. Any person that takes punitive action against a farmworker or a person that reports a farmworker incident shall be liable for a criminal penalty of not more than $100,000, 6 months in prison, or both. No Federal agency shall take any action regarding the immigration legal status within the United States of a farmworker, including initiating removal proceedings or any other prosecution of the farmworker, based solely on any information derived from the reporting or investigation of a farmworker incident. Not later than 15 days after the receipt of a report of a farmworker incident, the Administrator shall transmit a report prepared by the Administrator of the farmworker incident to— the manufacturer of each involved pesticide product; and the manufacturer of each involved active ingredient or ingredients. Notwithstanding any other provision of law, if a farmworker incident results in the death of a farmworker, the pesticide product or active ingredient that caused the death shall be immediately suspended, pending the review required by this section. Not later than 60 days after the receipt of a report of a farmworker incident, the manufacturer of the pesticide product shall provide to the Administrator an assessment of the farmworker incident, including whether any changes to the label of the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents. Not later than 60 days after the receipt of a report of a farmworker incident, the manufacturer of each involved pesticide active ingredient shall provide to the Administrator an assessment of the farmworker incident, including whether any changes to the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents. Not later than the earlier of 90 days after the receipt of an assessment required by paragraph
(3)and 180 days after the occurrence of the farmworker incident, the Administrator shall make a draft determination as to whether a change in the label of an involved pesticide product or active ingredient is warranted. The Administrator shall publish a determination under clause
(i)in the Federal Register for a period of 30 days for public notice and comment. Not later than 30 days after the close of the public comment described in subparagraph (A)(ii), the Administrator shall— make a final determination as to whether the label of the pesticide product should be changed; and publish that final determination in the Federal Register. Notwithstanding any other provision of law, including section 6(b), if the manufacturer of a pesticide product or active ingredient does not change the label of the applicable product in accordance with a final determination of the Administrator under paragraph (4)(B), the pesticide product or active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings. Notwithstanding any other provision of law, including section 6(b), if the manufacturer of the pesticide product or active ingredient fails to comply with any applicable provision of this section, the active ingredient and all pesticide products containing the active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings. Notwithstanding any other provision of law, if a pesticide product or active ingredient is responsible for not fewer than 10 farmworker incidents of any type, or not fewer than 3 farmworker incidents resulting in death, and the pesticide product or active ingredient has not received a final determination regarding a registration review during the preceding 15-year period, the Administrator shall immediately suspend the pesticide product or active ingredient until a final determination is made regarding the registration review of the pesticide. The Administrator shall— include in a final determination regarding the registration review of a pesticide the registration of which is suspended under paragraph
(1)a full and complete report describing each farmworker incident that has occurred during the period covered by the report; and require label changes to prevent farmworker incidents from occurring in the future; or explain why no label changes under clause
(i)are warranted. .
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