Sec. 3. Ending indefinite delays on review of dangerous pesticides
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Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 ) is amended— by striking subsection
(z)and inserting the following: The term registration means the approval of an active ingredient or pesticide product under this Act— that has not previously been registered under this Act; or for a crop or use for which the active ingredient or pesticide has not previously been registered under this Act. ; by redesignating subsections
(aa)through
(oo)as subsections
(bb)through (pp), respectively; and by inserting after subsection
(z)the following: The term registration review determination means the final decision to renew the registration of a pesticide product or active ingredient to authorize the use of the pesticide product or active ingredient— for an additional 15-year period from the date of the previous registration, reregistration, or registration review determination, as applicable; and in compliance with all applicable laws and regulations. The term registration review determination does not include any interim determination regarding the continued use of a pesticide product or active ingredient by the Administrator. . Section 2(e)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136(e)(1) ) is amended by striking subsection
(ee)and inserting subsection
(ff). Section 3(h)(3)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(h)(3)(E) ) is amended by striking section 2(mm) and inserting section 2(nn) . Section 33(b)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w–8(b)(3) ) is amended— by striking §2(mm) each place it appears and inserting section 2(nn) ; and by striking Section 2(ll)(2) and inserting section 2(mm)(2) . Section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a–1 ) is amended by adding at the end the following: In this subsection, the term dangerous pesticide means an active ingredient or pesticide product that 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. An interested person may submit a petition under section 553(e) of title 5, United States Code, to designate an active ingredient or pesticide product as a dangerous pesticide under this subsection. On receipt of a petition under subparagraph (A), the Administrator shall review the petitions submitted by interested persons under that subparagraph relating to that active ingredient or pesticide product to determine if the active ingredient or pesticide product may warrant designation as a dangerous pesticide. Not later than 90 days after the receipt of a petition described in paragraph (2)(A), the Administrator shall make a finding as to whether the petition presents substantial scientific information indicating that the designation of the petitioned active ingredient or pesticide product as a dangerous pesticide may be warranted. If the Administrator fails make a finding on a petition by the date required under subparagraph (A), the active ingredient or pesticide product that is the subject of the petition shall be deemed to be a dangerous pesticide. In making a finding as to whether a petition provides substantial scientific information that an active ingredient or pesticide product may warrant designation as a dangerous pesticide under subparagraph (A), the Administrator shall fully consider all relevant evidence, including— epidemiological studies or data; peer-reviewed literature; and data generated by— a Federal or State agency; or an agency of a foreign government. The Administrator shall not discount or ignore information provided in a petition described in paragraph (2)(A) based on any criteria under part 152 or 160 of title 40, Code of Federal Regulations (or successor regulations). Notwithstanding any other provision of law, on a finding under paragraph (3)(A) that an active ingredient or pesticide product may warrant designation as a dangerous pesticide, or on operation of paragraph (3)(B), the Administrator shall immediately suspend the registration of the active ingredient or pesticide product if a valid reregistration eligibility decision or registration review determination has not been made regarding the active ingredient or pesticide product during the 15-year period ending on the date of that finding or operation. The registration of an active ingredient or pesticide product suspended under subparagraph
(A)shall remain suspended until such time as the Administrator makes a registration review determination in accordance with this section. In accordance with section 6(a)(1), the Administrator shall not permit the continued sale and use of existing stocks of an active ingredient or pesticide product the registration of which has been suspended under paragraph (4). Notwithstanding any other provision of law, including section 6(b), if the Administrator fails to suspend the registration of an active ingredient or pesticide product that may warrant designation as a dangerous pesticide as required by this subsection by not later than 60 days after any deadline described in this subsection— the registration of the active ingredient or pesticide product shall be immediately and permanently canceled by operation of law and without any further proceedings; and in accordance with section 6(a)(1), the sale of existing stocks of the active ingredient or pesticide product shall be prohibited. Notwithstanding any other provision of law, an interim registration review decision or any other interim determination with respect to an active ingredient or pesticide product shall have no force or effect regarding any requirement of this subsection. .
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- 7 USC 136w–8(b)(3)
- 7 USC 136a–1
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Sec. 3
Ending indefinite delays on review of dangerous pesticides
Cite7 USC 136w–8(b)(3)
Cite7 USC 136a–1
Cites 4Cited by 0 across 0 sources