A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit a State to register a Canadian pesticide for distribution and use within that State.
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Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S2057-2058)
February 6, 2003
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Introduced in Senate
February 6, 2003
Sponsor introductory remarks on measure. (CR S2056)
February 6, 2003
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S2057-2058)
February 6, 2003
Floor Debate
8 membersWhat members said about S. 332 on the floor




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Floor Debate
8 membersWhat members said about S. 332 on the floor
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Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 332 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 332
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
permit a State to register a Canadian pesticide for distribution and
use within that State.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 6, 2003
Mr. Dorgan (for himself, Mr. Daschle, Mr. Levin, Mr. Baucus, and Mr.
Conrad) introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
permit a State to register a Canadian pesticide for distribution and
use within that State.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REGISTRATION OF CANADIAN PESTICIDES BY STATES.
(a) In General.--Section 24 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136v) is amended by adding at the end the
following:
``(d) Registration of Canadian Pesticides by States.--
``(1) Definitions.--In this subsection:
``(A) Canadian pesticide.--The term `Canadian
pesticide' means a pesticide that--
``(i) is registered for use as a pesticide
in Canada;
``(ii) is identical or substantially
similar in its composition to a comparable
domestic pesticide registered under section 3;
and
``(iii) is registered in Canada by the
registrant of the comparable domestic pesticide
or by an affiliated entity of the registrant.
``(B) Comparable domestic pesticide.--The term
`comparable domestic pesticide' means a pesticide--
``(i) that is registered under section 3;
``(ii) the registration of which is not
under suspension;
``(iii) that is not subject to--
``(I) a notice of intent to cancel
or suspend under any provision of this
Act;
``(II) a notice for voluntary
cancellation under section 6(f); or
``(III) an enforcement action under
any provision of this Act;
``(iv) that is used as the basis for
comparison for the determinations required
under paragraph (4);
``(v) that is registered for use on each
site of application for which registration is
sought under this subsection;
``(vi) for which no use is the subject of a
pending interim administrative review under
section 3(c)(8);
``(vii) that is not subject to any
limitation on production or sale agreed to by
the Administrator and the registrant or imposed
by the Administrator for risk mitigation
purposes; and
``(viii) that is not classified as a
restricted use pesticide under section 3(d).
``(2) Authority to register canadian pesticides.--
``(A) In general.--A State may register a Canadian
pesticide for distribution and use in the State if the
registration--
``(i) complies with this subsection;
``(ii) is consistent with this Act; and
``(iii) has not previously been disapproved
by the Administrator.
``(B) Production of another pesticide.--A pesticide
registered under this subsection shall not be used to
produce a pesticide registered under section 3 or
subsection (c).
``(C) Effect of registration.--A registration of a
Canadian pesticide by a State under this subsection--
``(i) shall be deemed to be a registration
under section 3 for all purposes of this Act;
and
``(ii) shall authorize distribution and use
only within that State.
``(D) Registrant.--
``(i) In general.--A State may register a
Canadian pesticide under this subsection on its
own motion or on application of any person.
``(ii) State or applicant as registrant.--
``(I) State.--If a State registers
a Canadian pesticide under this
subsection on its own motion, the State
shall be considered to be the
registrant of the Canadian pesticide
for all purposes of this Act.
``(II) Applicant.--If a State
registers a Canadian pesticide under
this subsection on application of any
person, the person shall be considered
to be the registrant of the Canadian
pesticide for all purposes of this Act.
``(3) Requirements for registration sought by person.--A
person seeking registration by a State of a Canadian pesticide
in a State under this subsection shall--
``(A) demonstrate to the State that the Canadian
pesticide is identical or substantially similar in its
composition to a comparable domestic pesticide; and
``(B) submit to the State a copy of--
``(i) the label approved by the Pesticide
Management Regulatory Agency for the Canadian
pesticide; and
``(ii) the label approved by the
Administrator for the comparable domestic
pesticide.
``(4) State requirements for registration.--A State may
register a Canadian pesticide under this subsection if the
State--
``(A) obtains the confidential statement of formula
for the Canadian pesticide;
``(B) determines that the Canadian pesticide is
identical or substantially similar in composition to a
comparable domestic pesticide;
``(C) for each food or feed use authorized by the
registration--
``(i) determines that there exists an
adequate tolerance or exemption under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) that permits the residues of the
pesticide on the food or feed; and
``(ii) identifies the tolerances or
exemptions in the notification submitted under
subparagraph (E);
``(D) obtains a label approved by the Administrator
that--
``(i)(I) includes all statements, other
than the establishment number, from the
approved labeling of the comparable domestic
pesticide that are relevant to the uses
registered by the State; and
``(II) excludes all labeling statements
relating to uses that are not registered by the
State;
``(ii) identifies the State in which the
product may be used;
``(iii) prohibits sale and use outside the
State identified under clause (ii);
``(iv) includes a statement indicating that
it is unlawful to use the Canadian pesticide in
the State in a manner that is inconsistent with
the labeling approved by the Administrator
under this subsection; and
``(v) identifies the establishment number
of the establishment in which the labeling
approved by the Administrator will be affixed
to each container of the Canadian pesticide;
and
``(E) not later than 10 business days after the
issuance by the State of the registration, submit to
the Administrator a written notification of the action
of the State that includes--
``(i) a description of the determination
made under this paragraph;
``(ii) a statement of the effective date of
the registration;
``(iii) a confidential statement of the
formula of the registered pesticide; and
``(iv) a final printed copy of the labeling
approved by the Administrator.
``(5) Disapproval of registration by administrator.--
``(A) In general.--The Administrator may disapprove
the registration of a Canadian pesticide by a State
under this subsection if the Administrator determines
that the registration of the Canadian pesticide by the
State--
``(i) does not comply with this subsection
or the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.); or
``(ii) is inconsistent with this Act.
``(B) Effective period.--If the Administrator
disapproves a registration by a State under this
subsection by the date that is 90 days after the date
on which the State issues the registration, the
registration shall be ineffective after the 90th day.
``(6) Labeling of canadian pesticides.--
``(A) In general.--Each container containing a
Canadian pesticide registered by a State shall bear the
label that is approved by the Administrator under this
subsection.
``(B) Display of label.--The label shall be
securely attached to the container and shall be the
only label visible on the container.
``(C) Original canadian label.--The original
Canadian label on the container shall be preserved
underneath the label approved by the Administrator.
``(D) Preparation and use of labels.--After a
Canadian pesticide is registered under this subsection,
the registrant shall--
``(i) prepare labels approved by the
Administrator for the Canadian pesticide; and
``(ii) conduct or supervise all labeling of
the Canadian pesticide with the approved
labeling.
``(E) Registered establishments.--Labeling of a
Canadian pesticide under this subsection shall be
conducted at an establishment registered by the
registrant under section 7.
``(7) Revocation.--
``(A) In general.--After the registration of a
Canadian pesticide, if the Administrator finds that the
Canadian pesticide is not identical or substantially
similar in composition to a comparable domestic
pesticide, the Administrator may issue an emergency
order revoking the registration of the Canadian
pesticide.
``(B) Terms of order.--The order--
``(i) shall be effective immediately;
``(ii) may prohibit the sale, distribution,
and use of the Canadian pesticide; and
``(iii) may require the registrant of the
Canadian pesticide to purchase and dispose of
any unopened product subject to the order.
``(C) Request for hearing.--Not later than 10 days
after issuance of the order, the registrant of the
Canadian pesticide subject to the order may request a
hearing on the order.
``(D) Final order.--If a hearing is not requested
in accordance with subparagraph (C), the order shall
become final and shall not be subject to judicial review.
``(E) Judicial review.--If a hearing is requested
on the order, judicial review may be sought only at the
conclusion of the hearing on the order and following
the issuance by the Administrator of a final revocation
order.
``(F) Procedure.--A final revocation order issued
following a hearing shall be reviewable in accordance
with section 16.
``(8) Suspension of state authority to register canadian
pesticides.--
``(A) In general.--If the Administrator finds that
a State that has registered 1 or more Canadian
pesticides under this subsection is not capable of
exercising adequate controls to ensure that
registration under this subsection is consistent with
this subsection, other provisions of this Act, or the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.), or has failed to exercise adequate controls of 1
or more Canadian pesticides registered under this
subsection, the Administrator may suspend the authority
of the State to register Canadian pesticides under this
subsection until such time as the Administrator
determines that the State can and will exercise
adequate control of the Canadian pesticides.
``(B) Notice and opportunity to respond.--Before
suspending the authority of a State to register a
Canadian pesticide, the Administrator shall--
``(i) notify the State that the
Administrator proposes to suspend the authority
and the reasons for the proposed suspension;
and
``(ii) before taking final action to
suspend authority under this subsection,
provide the State an opportunity to respond to
the proposal to suspend within 30 calendar days
after the State receives notice under clause
(i).
``(9) Limits on liability.--No action for monetary damages
may be heard in any Federal court against--
``(A) a State acting as a registering agency under
the authority of and consistent with this subsection
for injury or damage resulting from the use of a
product registered by the State under this subsection;
or
``(B) a registrant for damages resulting from
adulteration or compositional alteration of a Canadian
pesticide registered under this subsection if the
registrant did not have and could not reasonably have
obtained knowledge of the adulteration or compositional
alteration.
``(10) Disclosure of information by administrator to the
state.--The Administrator may disclose to a State that is
seeking to register a Canadian pesticide in the State
information that is necessary for the State to make the
determinations required by paragraph (4) if the State certifies
to the Administrator that the State can and will maintain the
confidentiality of any trade secrets and commercial or
financial information provided by the Administrator to the
State under this subsection to the same extent as is required
under section 10.
``(11) Provision of information by registrants of
comparable domestic pesticides.--
``(A) In general.--On request by a State, the
registrant of a comparable domestic pesticide shall
provide to the State that is seeking to register a
Canadian pesticide in the State under this subsection
information that is necessary for the State to make the
determinations required by paragraph (4) if the State
certifies to the registrant that the State can and will
maintain the confidentiality of any trade secrets and
commercial and financial information provided by the
registrant to the State under this subsection to the
same extent as is required under section 10.
``(B) Penalty for noncompliance.--
``(i) In general.--If the registrant of a
comparable domestic pesticide fails to provide
to the State, not later than 15 days after
receipt of a written request by the State,
information possessed by or reasonably
accessible to the registrant that is necessary
to make the determinations required by
paragraph (4), the Administrator may assess a
penalty against the registrant of the
comparable pesticide.
``(ii) Amount.--The amount of the penalty
shall be equal to the product obtained by
multiplying--
``(I) the difference between the
per-acre cost of the application of the
comparable domestic pesticide and the
application of the Canadian pesticide, as determined by the
Administrator; and
``(II) the number of acres in the
State devoted to the commodity for
which the State registration is sought.
``(C) Notice and opportunity for hearing.--No
penalty under this paragraph shall be assessed unless
the registrant is given notice and opportunity for a
hearing in accordance with section 14(a)(3).
``(D) Issues at hearing.--The only issues for
resolution at the hearing shall be--
``(i) whether the registrant of the
comparable domestic pesticide failed to timely
provide to the State the information possessed
by or reasonably accessible to the registrant
that was necessary to make the determinations required by paragraph
(4); and
``(ii) the amount of the penalty.
``(12) Penalty for disclosure by state.--
``(A) In general.--The State shall not make public
information obtained under paragraph (10) or (11) that
is privileged and confidential and contains or relates
to trade secrets or commercial or financial
information.
``(B) Disclosure.--Any State employee who willfully
discloses information described in subparagraph (A)
shall be subject to penalties described in section
10(f).
``(13) Data compensation.--A State or person registering a
Canadian pesticide under this subsection shall not be liable
for compensation for data supporting the registration if the
registration of the Canadian pesticide in Canada and the
registration of the comparable domestic pesticide are held by
the same registrant or by affiliated entities.
``(14) Formulation changes.--
``(A) In general.--The registrant of a comparable
domestic pesticide shall notify the Administrator of
any change in the formulation of a comparable domestic
pesticide or a Canadian pesticide registered by the
registrant or an affiliated entity not later than 30
days before any sale or distribution of the pesticide
containing the new formulation.
``(B) Statement of formula.--The registrant of the
comparable domestic pesticide shall submit, with the
notice required under subparagraph (A), a confidential
statement of the formula for the new formulation if the
registrant has possession of or reasonable access to
the information.
``(C) Suspension of registration for
noncompliance.--
``(i) In general.--If the registrant fails
to provide notice or submit a confidential
statement of formula as required by this
paragraph, the Administrator may issue a notice
of intent to suspend the registration of the
comparable domestic pesticide for a period of
not less than 1 year.
``(ii) Effective date.--The suspension
shall become final not later than the end of
the 30-day period beginning on the date of the
issuance by the Administrator of the notice of
intent to suspend the registration, unless
during the period the registrant requests a
hearing.
``(iii) Hearing procedure.--If a hearing is
requested, the hearing shall be conducted in
accordance with section 6(d).
``(iv) Issues.--The only issues for
resolution at the hearing shall be whether the
registrant has failed to provide notice or
submit a confidential statement of formula as
required by this paragraph.''.
(b) Conforming Amendments.--
(1) Section 24(c) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136v(c)) is amended--
(A) in paragraph (1), by inserting ``In general.--
'' after ``(1)'';
(B) in paragraph (2), by inserting ``Disapproval.--
'' after ``(2)'';
(C) in paragraph (3), by inserting ``Consistency
with federal food, drug, and cosmetic act.--'' after
``(3)''; and
(D) by striking ``(4) If the Administrator'' and
inserting the following:
``(4) Suspension of authority to register pesticides.--
Except as provided in subsection (d)(8), if the
Administrator''.
(2) The table of contents in section 1(b) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
121) is amended by striking the item relating to section 24(c)
and inserting the following:
``(c) Additional uses.
``(1) In general.
``(2) Disapproval.
``(3) Consistency with Federal Food, Drug, and
Cosmetic Act.
``(4) Suspension of authority to register
pesticides.
``(d) Registration of Canadian pesticides by
States.
``(1) Definitions.
``(2) Authority to register Canadian
pesticides.
``(3) Requirements for registration sought by
person.
``(4) State requirements for registration.
``(5) Disapproval of registration by
Administrator.
``(6) Labeling of Canadian pesticides.
``(7) Revocation.
``(8) Suspension of State authority to register
Canadian pesticides.
``(9) Limits on liability.
``(10) Disclosure of information by
Administrator to the State.
``(11) Provision of information by registrants
of comparable domestic pesticides.
``(12) Penalty for disclosure by State.
``(13) Data compensation.
``(14) Formulation changes.''.
(c) Effective Date.--This section and the amendments made by this
section take effect 180 days after the date of enactment of this Act.
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