Sec. 4. Emergency review of pesticides banned in other nations
326 words·~1 min read·
/bill/118/hr/5085/ih/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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).
Notwithstanding any other provision of law, including section 6(b), unless the Administrator determines after a review under paragraph
(2)that the decision to ban a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous, the registration that is suspended shall be canceled not later than 2 years after the date of completion of the review. In determining whether the ban of a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous under subparagraph (A), the Administrator shall fully consider all relevant evidence, including— epidemiological studies or 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), the Administrator shall not discount, otherwise ignore, or give disproportionately more or less weight to evidence described in clause (i). In determining whether the ban of a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous under subparagraph (A), 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. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 4
Emergency review of pesticides banned in other nations
Cites 1Cited by 0 across 0 sources