Sec. 10202. Coordination
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/bill/119/hr/7567/rh/section-10202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a ) is amended by adding at the end the following: If any risk mitigation measures are required for any pesticide registered under this Act, the Administrator shall— develop such measures in coordination with the Secretary of Agriculture; and conduct, and publish in the docket, with the corresponding action, an economic analysis determining the cost of implementation of such measures. With regard to the registration or registration review of a pesticide under this Act and for making a determination under section 408 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 346a ) with respect to any action that impacts the sale, distribution, or use of a pesticide, the Administrator shall coordinate with the Secretary of Agriculture, acting through the Director of the Office of Pest Management Policy, so that the Administrator has for the Administrator’s use and consideration for such processes— agronomic use data from— the Department of Agriculture; and industry; and any information relating to the availability and economic viability of alternatives to such pesticide.
When issuing any decision resulting from the processes referred to in subparagraph (A), the Administrator shall publish— a description of the use by the Administrator of any data or information provided by the Secretary of Agriculture under subparagraph (A); and the determination of the Administrator on whether to use such data or information, including, as applicable, the reasons that the data or information was not used. For implementation of reasonable and prudent actions and measures with respect to the use of a pesticide registered under this Act, the Administrator shall coordinate with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Commerce— to review the development of any such actions and measures that are a result of consultations relating to actions under this Act; to fully consider the risks and benefits of any such actions and measures in a manner consistent with practices established to evaluate the risks and benefits of a pesticide registered under this Act; and to provide feedback to the Secretary of the Interior and the Secretary of Commerce on decisions relating to any such actions and measures that may affect end users of a pesticide registered under this Act.
The coordination requirements imposed by this subsection may be waived or modified for a specific action to the extent agreed upon by the Administrator, the Secretary of Agriculture, and the registrant so long as such agreement is published by the Administrator in the docket for the corresponding action. .
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