PIC and POPs Conventions and the LRTAP POPs Protocol Implementation Act

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3849 Reported in House (RH)]

Union Calendar No. 399
109th CONGRESS
2d Session
H. R. 3849

[Report No. 109-668]

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
implement pesticide-related obligations of the United States under the
international conventions or protocols known as the PIC Convention, the
POPs Convention, and the LRTAP POPs Protocol.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 21, 2005

Mr. Lucas (for himself, Mr. Goodlatte, Mr. Peterson of Minnesota, and
Mr. Holden) introduced the following bill; which was referred to the
Committee on Agriculture

September 19, 2006

Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed

_______________________________________________________________________

A BILL

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
implement pesticide-related obligations of the United States under the
international conventions or protocols known as the PIC Convention, the
POPs Convention, and the LRTAP POPs Protocol.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``PIC and POPs Conventions and the
LRTAP POPs Protocol Implementation Act''.

SEC. 2. DEFINITIONS.

Section 2 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.) is amended by adding at the end the
following:
``(pp) Conference.--The term `Conference' means the Conference of
the Parties established by paragraph 1 of Article 19 of the POPs
Convention.
``(qq) Conference Listing Decision.--The term `Conference Listing
Decision' means a decision by the Conference to approve an amendment to
list a pesticide in Annex A or Annex B to the POPs Convention.
``(rr) Designated National Authority.--The term `designated
national authority' means the authority or authorities that a
government has designated in a notification to the PIC Convention
Secretariat in accordance with Article 4 of the PIC Convention.
``(ss) Executive Body.--The term `Executive Body' means the
Executive Body established by Article 10 of the 1979 Convention on
Long-Range Transboundary Air Pollution.
``(tt) Executive Body Decision 1998/2.--The term `Executive Body
Decision 1998/2' means the decision of the Executive Body titled
`Executive Body Decision 1998/2 on Information to Be Submitted and the
Procedure for Adding Substances to Annexes I, II, or III to the
Protocol on Persistent Organic Pollutants' and any other Executive Body
decision done pursuant to Article 14 of the LRTAP POPs Protocol.
``(uu) HCH.--The term `HCH' means hexachlorocyclohexane.
``(vv) LRTAP POPs Pesticide.--The term `LRTAP POPs pesticide'
means--
``(1) aldrin;
``(2) chlordane;
``(3) chlordecone;
``(4) dichlorodiphenyltrichloroethane (DDT);
``(5) dieldrin;
``(6) endrin;
``(7) HCH;
``(8) heptachlor;
``(9) hexachlorobenzene;
``(10) hexabromobiphenyl;
``(11) mirex;
``(12) PCBs;
``(13) toxaphene; and
``(14) any other pesticide--
``(A) that is listed on Annex I or Annex II of the
LRTAP POPs Protocol;
``(B) that has no existing United States
registrations that would prevent the United States from
complying with its obligations under the LRTAP POPs
Protocol if the United States were to become a party to
the LRTAP POPs Protocol for that pesticide; and
``(C) for which an amendment listing it on Annex I
or Annex II of the LRTAP POPs Protocol has entered into
force for the United States.
``(ww) LRTAP POPs Protocol.--The term `LRTAP POPs Protocol' means
the Protocol on Persistent Organic Pollutants to the 1979 Convention on
Long-Range Transboundary Air Pollution done at Aarhus on June 24, 1998,
if the United States is a party and any subsequent amendment to which
the United States is a party.
``(xx) PCB.--The term `PCB' means a polychlorinated biphenyl.
``(yy) PIC Convention.--The term `PIC Convention' means the
Rotterdam Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade done
at Rotterdam on September 10, 1998, if the United States is a party and
any subsequent amendment to which the United States is a party.
``(zz) POPs Convention.--The term `POPs Convention' means the
Stockholm Convention on Persistent Organic Pollutants done at Stockholm
on May 22, 2001, if the United States is a party and any subsequent
amendment to which the United States is a party.
``(aaa) POPs Pesticide.--The term `POPS pesticide' means--
``(1) aldrin;
``(2) chlordane;
``(3) dichlorodiphenyltrichloroethane (DDT);
``(4) dieldrin;
``(5) endrin;
``(6) heptachlor;
``(7) hexachlorobenzene;
``(8) mirex;
``(9) PCBs;
``(10) toxaphene; and
``(11) any other pesticide--
``(A) that is listed on Annex A or Annex B of the
POPs Convention;
``(B) that has no existing United States
registrations that would prevent the United States from
complying with its obligations under the POPs
Convention if the United States were to become a party
to the POPs Convention for that pesticide; and
``(C) for which an amendment listing it on Annex A
or Annex B of the POPs Convention has entered into
force for the United States.
``(bbb) POPs Review Committee.--The term `POPs Review Committee'
means the Persistent Organic Pollutants Review Committee established
under paragraph 6 of Article 19 of the POPs Convention.''.

SEC. 3. POPS CONVENTION, LRTAP POPS PROTOCOL, AND PIC CONVENTION.

Section 17 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136o) is amended--
(1) in the heading for the section, by striking ``imports
and exports.'' and inserting ``imports, exports, and
international conventions.'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``this Act--'' and inserting ``this Act, if--
'';
(B) in paragraph (1)--
(i) by striking ``when'' and inserting
``the pesticide or device or active ingredient
used in producing a pesticide is''; and
(ii) by striking ``and'' after the
semicolon; and
(C) by striking paragraph (2) and all that follows
and inserting the following:
``(2) in the case of any pesticide other than a pesticide
registered under section 3 or sold under section 6(a)(1), the
foreign purchaser has, prior to export, signed a statement
acknowledging that the purchaser understands that the pesticide
is not registered for use in the United States and cannot be
sold in the United States under this Act; and
``(3) such export is in compliance with all of the
applicable provisions of this section.
A copy of the statement under paragraph (2) shall be transmitted to an
appropriate official of the government of the importing country.'';
(3) in subsection (c), by adding at the end the following:
``Nothing in this subsection shall permit the import of any
POPS pesticide or LRTAP POPS pesticide that otherwise is
prohibited under subsection (e) of this section.''; and
(4) by striking subsections (d) and (e) and inserting the
following:
``(d) Cooperation in International Efforts Generally.--The
Administrator shall participate and cooperate in any international
efforts to develop improved pesticide research and regulations.
``(e) Pops Convention, LRTAP Pops Protocol, and PIC Convention.--
``(1) In general.--The Administrator shall participate in
technical cooperation and capacity building activities designed
to support implementation of the POPs Convention, the LRTAP
POPs Protocol, and the PIC Convention.
``(2) Prohibitions.--No person may sell, distribute, use,
produce, or dispose of a POPS pesticide or LRTAP POPS pesticide
in a manner inconsistent with obligations of the United States
under the POPs Convention or LRTAP POPs Protocol.
``(3) Notice and report after decision that screening
criteria are met under the pops convention or after risk
profile submitted under the lrtap pops protocol.--
``(A) Applicability.--This paragraph applies if--
``(i) the POPs Review Committee or
Conference decides--
``(I) under paragraph 4(a) of
Article 8 of the POPs Convention, that
a proposal for listing a pesticide in
Annex A, B, or C to the POPs Convention
fulfills the screening criteria
specified in Annex D to the POPs
Convention; or
``(II) under paragraph 5 of Article
8 of the POPs Convention, that such a
proposal shall proceed; or
``(ii) a party to the LRTAP POPs Protocol
submits to the Executive Body a risk profile in
support of a proposal to list a pesticide in
Annex I, II, or III to the LRTAP POPs Protocol.
``(B) Notice.--After the date of the POPs Review
Committee or Conference decision on a proposal or the
submission of a risk profile in support of a proposal
under the LRTAP POPs Protocol described in clauses (i)
or (ii) of subparagraph (A), respectively, the
Administrator may--
``(i) publish in the Federal Register a
notice of the proposal; and
``(ii) provide opportunity for comment on
the proposal.
``(C) Required elements of notice.--A notice under
subparagraph (B) shall--
``(i) identify the pesticide that is the
subject of the proposal;
``(ii) include a summary of the process
under the POPs Convention or the LRTAP POPs
Protocol for the submission of a proposal and
listing of a pesticide that is the subject of a
proposal (including criteria applied in that
process);
``(iii) include a summary of the POPs
Review Committee or Conference decision and the
basis for the decision or a summary of the risk
profile that a party to the LRTAP POPs Protocol
submitted to the Executive Body;
``(iv) request information relevant to and
comment on--
``(I) in the case of a pesticide
proposed for listing in an Annex to the
POPs Convention, the information
requirements and screening criteria
elements covered under Annex D to the
POPs Convention; or
``(II) in the case of a pesticide
proposed for listing in an Annex to the
LRTAP POPs Protocol, the information
referenced in paragraph 6(a) of Article
14 of the LRTAP POPs Protocol;
``(v) request information set forth in
subparagraph (D);
``(vi) include any other information that
the Administrator considers to be relevant to
the proposal;
``(vii) request information and comment on
information relevant to the risk profile of the
POPs Review Committee covered under Annex E to
the POPs Convention and on information relevant
to any technical review conducted under
paragraph 2 of Executive Body Decision 1998/2;
and
``(viii) include a statement that any
information submitted may be part of the record
of any cancellation proceeding related to the
pesticide that the Administrator may undertake
under section 6.
``(D) Provision of information.--
``(i) Provision of information under pops
convention.--Within 60 days after the date of
publication of the notice under subparagraph
(B) regarding a proposal to list a pesticide on
an Annex to the POPs Convention, or within a
later date as determined by the Administrator,
any interested person may provide to the
Administrator information or comment on--
``(I) the annual quantity of the
pesticide manufactured and the
locations of the manufacture;
``(II) the uses of the pesticide;
``(III) the approximate annual
quantity of the pesticide that is
released into the environment; and
``(IV) other information or
monitoring data relating to the
pesticide that is consistent with the
information specified in paragraph 1 of
Annex D, and subsections (b) through
(e) of Annex E, to the POPs Convention.
``(ii) Provision of information under lrtap
pops protocol.--Within 60 days after the date
of publication of the notice under subparagraph
(B) regarding a proposal to list a pesticide on
an Annex of the LRTAP POPs Protocol, or within
a later date as determined by the
Administrator, any interested person may
provide to the Administrator information on--
``(I) the potential for long-range
transboundary atmospheric transport of
the pesticide;
``(II) the toxicity of the
pesticide;
``(III) the persistence of the
pesticide, including biotic degradation
process and rates of degradation
products;
``(IV) the bioaccumulation of the
pesticide, including bioavailability;
``(V) the annual quantity of the
pesticide manufactured and the
locations of the manufacture;
``(VI) the uses of the pesticide;
``(VII) the approximate annual
quantity of the pesticide released into
the environment;
``(VIII) environmental monitoring
data relating to the pesticide (in
areas distant from sources);
``(IX) information on--
``(aa) alternatives to the
uses of the pesticide and the
efficacy of each alternative;
and
``(bb) known adverse
environmental or human health
effects associated with each
alternative;
``(X) information on--
``(aa) process changes,
control technologies, operating
practices, and other pollution
prevention techniques that can
be used to reduce the emissions
of the pesticide; and
``(bb) the applicability
and effectiveness of each
technique describe in item
(aa); and
``(XI) information on nonmonetary
costs and benefits and the quantifiable
costs and benefits associated with the
use of each alternative described in
subclause (IX) or technique described
in subclause (X)(aa).
``(E) Report by administrator.--Based upon
information received under this paragraph and any other
relevant information available to the Administrator,
the Administrator, not later than 240 days after the
date of publication of a notice under subparagraph (B),
after consulting with the Secretary of Agriculture or,
for public health pesticides, with the Secretary of
Health and Human Services, shall issue for public
comment and peer review a report that contains, at a
minimum--
``(i) information on the production and
uses in the United States of the pesticide; and
``(ii) a review of the benefits and risks
in the United States and internationally
associated with the production and uses in the
United States and internationally of the
pesticide.
``(4) Notice and report after decision that global action
is warranted under the pops convention or that further
consideration of the pesticide is warranted under the lrtap
pops protocol.--
``(A) Applicability.--This paragraph applies if--
``(i) the POPs Review Committee decides,
under paragraph 7(a) of Article 8 of the POPs
Convention, that global action is warranted
with respect to the pesticide that is the
subject of the proposal, or the Conference
decides under paragraph 8 of that Article that
the proposal shall proceed; or
``(ii) the Executive Body determines
pursuant to paragraph 2 of Executive Body
Decision 1998/2 that further consideration of
the pesticide is warranted and therefore
requires 1 or more technical reviews of the
proposal.
``(B) Notice.--After the date of the decision or
determination under subparagraph (A), the Administrator
may--
``(i) publish in the Federal Register a
notice of the decision or determination; and
``(ii) provide an opportunity for comment
on the decision or determination.
``(C) Required elements of notice.--A notice under
subparagraph (B) shall--
``(i) identify the pesticide that is the
subject of the proposal;
``(ii) include a summary of the POPs Review
Committee or Conference decision and the basis
for the decision or the Executive Body
determination and the basis for the
determination;
``(iii) for a pesticide proposed for
addition to an Annex of the POPs Convention,
request information and comment on
socioeconomic considerations covered under
Annex F of the POPs Convention, including on
the technical feasibility and costs and
benefits of the range of possible prohibitions
outlined pursuant to clause (vii);
``(iv) for a pesticide proposed for listing
on an Annex to the LRTAP POPs Protocol, request
information and comment on--
``(I) any additional measures not
outlined in the notice published
pursuant to clause (vii) that may exist
to reduce the risks of adverse health
effects on human health or the
environment that result from its long-
range transboundary atmospheric
transport;
``(II) whether any of the
additional measures or the measures
outlined in the notice published
pursuant to subparagraph (vii) are
technically feasible; and
``(III) the associated costs and
benefits of the additional measures and
the measures outlined in the notice
published pursuant to subparagraph
(vii);
``(v) request information on any current or
anticipated production or use of the pesticide
that is the subject of the proposal for which
the United States may wish to seek an exemption
or acceptable purpose under the POPs Convention
or allowed restricted use or condition under
the LRTAP POPs Protocol;
``(vi) request information set forth under
subparagraph (D);
``(vii) outline a broad range of possible
actions that the United States might take to
address any risks that the pesticide may pose;
``(viii) specify whether there have been
any changes to registrations of or tolerances
for the pesticide since the date of publication
of the notice under paragraph (3); and
``(ix) include a statement that any
information submitted may be part of the record
of any cancellation proceeding related to the
pesticide that the Administrator may undertake
under section 6.
``(D) Provision of information.--Within 60 days
after the date of publication of the notice under
subparagraph (B), or within a later date as determined
by the Administrator, any interested person may provide
to the Administrator--
``(i) consistent with the information needs
described in Annex F to the POPs Convention,
any information relevant to--
``(I) a risk management evaluation
carried out under paragraph 7 of
Article 8 of the POPs Convention; or
``(II) a decision by the Conference
under paragraph 9 of Article 8 of the
POPs Convention;
``(ii) consistent with the information
needs for the technical review described in
paragraph 2 of Executive Body Decision 1998/2,
any information relevant to such technical
review or to an Executive Body decision made
under paragraph 3 of Article 14 of the LRTAP
POPs Protocol;
``(iii) any information relevant to an
action under this subsection; and
``(iv) information on any article in use
that consists of, contains, or is contaminated
with the pesticide.
``(E) Report by administrator.--Based upon
information received under this paragraph and any other
information available to the Administrator, the
Administrator, not later than 240 days after the date
of publication of the notice under subparagraph (B),
after consulting with the Secretary of Agriculture or,
for public health pesticides, with the Secretary of
Health and Human Services, shall issue a report for
public comment and peer review that contains, at a
minimum, information relating to the costs and benefits
of the prohibitions or restrictions outlined in
response to paragraph (4)(C)(vii) that could be placed
on the sale, distribution, production, use, or disposal
of the pesticide (including the possible consequences
of using alternative products or processes).
``(5) Notice after recommendation that conference consider
listing or after completion of a technical review.--
``(A) In general.--If the POPs Review Committee
recommends, under paragraph 9 of Article 8 of the POPs
Convention, that the Conference consider making a
Conference listing decision with respect to the
pesticide in accordance with the proposal, or after
completion of a technical review of a proposal to list
a pesticide on an Annex to the LRTAP POPs Protocol, the
Administrator may--
``(i) publish in the Federal Register a
notice of the recommendation or completion of
the technical review; and
``(ii) provide opportunity for comment on
the recommendation or the technical review.
``(B) Required elements.--A notice under
subparagraph (A) shall--
``(i) include a summary of the POPs Review
Committee recommendation and the basis for the
recommendation or a summary of the technical
review;
``(ii) summarize any control measures for
the pesticide that are identified by the POPs
Review Committee or in the technical review;
and
``(iii) include a statement that any
information submitted may be part of the record
of any cancellation proceeding related to the
pesticide that the Administrator may undertake
under section 6.
``(6) Provision of information to the public.--Not later
than March 1st of each calendar year (and September 1st of each
calendar year unless nothing has changed from the March 1st
notice or the Administrator has notified the public in other
Federal Register notices of the changes), the Administrator
shall publish a notice in the Federal Register that--
``(A) identifies any pesticide that is the subject
of a listing proposal under Article 8 of the POPs
Convention or Article 14 of the LRTAP POPs Protocol and
describes, as of December 31st of the previous calendar
year (or June 31st of the current calendar year for
notices published on September 1st), the exact status
of the proposal in the relevant listing process,
including--
``(i) whether the POPs Review Committee or
Conference has decided that, under Article 8,
paragraphs 4 or 5 of the POPs Convention, the
proposal to list the pesticide shall proceed to
preparation of a risk profile of the pesticide;
``(ii) whether the POPs Review Committee
has completed a risk profile;
``(iii) whether the POPs Review Committee
or Conference has decided that, under Article
8, paragraph 7(a) or paragraph 8 of the POPs
Convention, the proposal to list the pesticide
shall proceed to preparation of a risk
management evaluation of the pesticide that
includes analyses of possible control measures
for the pesticide;
``(iv) whether the POPs Review Committee
has completed the risk management evaluation;
``(v) whether the POPs Review Committee has
made a listing recommendation to the Conference
regarding the pesticide and a general
description of the recommendation;
``(vi) whether the Executive Body has
determined that a technical review of the
proposal to list a pesticide on Annex I or II
of the LRTAP POPs Protocol is warranted;
``(vii) whether a technical review of a
proposal to list a pesticide on Annex I or II
of the LRTAP POPs Protocol has been completed;
and
``(viii) whether any task force, working
group, or other body that is subsidiary to the
Executive Body has made a recommendation
regarding the listing of the pesticide on Annex
I or II of the LRTAP POPs Protocol and a
description of the recommendation;
``(B) identifies any pesticide that the Conference
or Executive Body has added to Annex A or B of the POPs
Convention or Annex I or II of the LRTAP POPs Protocol
since the last notice the Administrator published under
this paragraph and provides a general description of
the control measures related to the pesticide; and
``(C) describes generally any regulatory action
that the Administrator has taken, is taking, or has
listed as under development or review in the Unified
Regulatory Agenda (as required by section 602 of title
5, United States Code) related to any pesticide that
the Conference or Executive Body added to Annex A or B
of the POPs Convention or Annex I or II of the LRTAP
POPs Protocol since the last notice the Administrator
published under this paragraph.
The Administrator shall consider any comments that the
Administrator receives on the notices that the Administrator
publishes under this paragraph.
``(7) Consideration of information in cancellation of
registration or prohibition of production for export or export
of pesticides.--In a cancellation proceeding under section 6
for a pesticide listed on Annex A or Annex B of the POPs
Convention or Annex I or Annex II of the LRTAP POPs Protocol,
the Administrator may consider--
``(A) the record compiled under paragraphs (3),
(4), and (5) of this subsection;
``(B) domestic sale, distribution, production,
export, and use of the pesticide;
``(C) national and international consequences that
are likely to arise as a result of domestic regulatory
actions (including the possible consequences of using
alternative products or processes);
``(D) for pesticides listed on Annex A or Annex B
of the POPs Convention--
``(i) the POPs Review Committee
recommendation under paragraph 9 of Article 8
of the POPS Convention;
``(ii) the Conference listing decision;
``(iii) information that the United States
submits to the POPs Review Committee or to the
Conference pursuant to Article 8 of the POPs
Convention; and
``(iv) the reports, including any versions
of the reports revised to reflect information
received through public comment and peer
review, that the Administrator is required to
issue for public comment and peer review
pursuant to paragraphs (3)(E) and (4)(E) of
this subsection;
``(E) for pesticides listed on Annex I or Annex II
of the LRTAP POPs Protocol--
``(i) any technical review conducted
pursuant to paragraph 2 of Executive Body
Decision 1998/2;
``(ii) the LRTAP POPs Protocol listing
decision;
``(iii) the reports, including any version
of the reports revised to reflect information
received through public comment or peer review,
that the Administrator is required to issue for
public comment and peer review pursuant to
paragraphs (3)(E) and (4)(E) of this
subsection; and
``(iv) information that the United States
submitted to the Executive Body, or a
subsidiary of the Executive Body, in relation
to a technical review or listing decision; and
``(F) scientific information included in or used to
develop or support the items listed in subparagraphs
(A), (B), (C), (D), and (E).
In determining the weight to give such scientific information,
the Administrator shall consider the extent to which it is
consistent with generally accepted scientific principles,
including, when available, peer reviewed science and supporting
studies.
``(8) No effect on other provisions.--Nothing in this
subsection authorizes any sale, distribution, use, production,
or disposal of any POPS pesticide or LRTAP POPS pesticide that
is prohibited under any other provision of law. Nothing in this
subsection should be interpreted as interfering with or being a
prerequisite to the Administrator taking any action authorized
by section 6.
``(9) Requirements for exports.--In the case of a pesticide
or active ingredient used in producing a pesticide identified
by the Administrator as listed on Annex III of the PIC
Convention in a notice issued under paragraph (12)(C), any
person that distributes in commerce the pesticide or active
ingredient used in producing a pesticide for export shall
comply with any export conditions or restrictions identified by
the Administrator in the notice.
``(10) Pre-export notices.--
``(A) In general.--
``(i) Requirement.--In the case of--
``(I) a pesticide or active
ingredient used in producing a
pesticide that the Administrator
determines to be banned or severely
restricted under paragraph (12)(A);
``(II) a pesticide or active
ingredient used in producing a
pesticide identified by the
Administrator in a notice issued under
paragraph (12)(C); or
``(III) a POPs pesticide the export
of which is not prohibited under
paragraph (2);
the exporter of the pesticide or active
ingredient used in producing a pesticide shall
provide to the Administrator notice of the
intent of the exporter to export the pesticide.
``(ii) Timing of notice for banned or
severely restricted pesticide or active
ingredient used in producing a pesticide.--
``(I) First export.--In the case of
a first export that an exporter makes
from the territory of the United States
to each importing foreign state after
the Administrator issues a notice under
paragraph (12)(A), the exporter shall
provide the notice so that the
Administrator receives the notice not
earlier than 45 nor later than 15
calendar days before the date of
export.
``(II) Subsequent exports.--In the
case of subsequent exports to the
importing foreign state in calendar
years subsequent to the notification
provided under subclause (I), the
exporter shall provide the notice so
that the Administrator receives the
notice not earlier than 45 nor later
than 15 calendar days before the date
of the first export in each calendar
year.
``(iii) Timing of pre-export notice for
pesticides listed on annex iii of the pic
convention.--
``(I) First export.--In the case of
a first export that an exporter makes
from the territory of the United States
to each importing foreign state after
the Administrator notifies the public
under paragraph (12)(C), the exporter
shall provide the notice so that the
Administrator receives the notice not
earlier than 45 nor later than 15
calendar days before the date of
export.
``(II) Subsequent exports.--In the
case of subsequent exports by the
exporter to the importing foreign state
in calendar years subsequent to the
notification provided under subclause
(I), the exporter shall provide the
notice so that the Administrator
receives the notice not earlier than 45
nor later than 15 calendar days before
the date of the first such subsequent
export in each calendar year.
``(III) Changed circumstances
meriting new notice.--If conditions or
restrictions imposed by the importing
foreign state change and the
Administrator notifies the public of
the change under paragraph (12)(C), or
if an earlier pre-export notice no
longer applies, the exporter shall
provide the notice so that the
Administrator receives the notice not
earlier than 45 nor later than 15
calendar days before the date of
export.
``(iv) Timing of pre-export notice for
pesticide the export of which is not prohibited
under paragraph (2).--
``(I) First export of the calendar
year.--In the case of the first export
that an exporter makes from the
territory of the United States to each
importing foreign state of a pesticide
not prohibited from being exported
under paragraph (2), the exporter shall
provide the notice so that the
Administrator receives the notice not
earlier than 45 nor later than 15
calendar days before the date of the
first export.
``(II) Subsequent exports.--In the
case of subsequent exports by the
exporter to the importing foreign state
in calendar years subsequent to the
notification provided under subclause
(I) to the importing foreign state, the
exporter shall provide the notice so
that the Administrator receives the
notice not earlier than 45 nor later
than 15 calendar days before the date
of the first such subsequent export in
each calendar year.
``(III) Changed circumstances
meriting new notice.--If the
information provided in an earlier pre-
export notice is no longer accurate,
the exporter shall provide the notice
so that the Administrator receives the
notice not earlier than 45 nor later
than 15 calendar days before the date
of export.
``(B) Alternate time frame for notices.--
``(i) Discretionary alternate time
frames.--Notwithstanding clauses (ii), (iii),
and (iv) of subparagraph (A), the Administrator
may set an alternate time frame if the
Administrator determines that such alternate
time frame is appropriate and is able, within
such alternate time frame, to administer notice
activities in accordance with the PIC
Convention and comply with the POPs Convention.
``(ii) Mandatory review of statutory time
frames and processes.--Within 18 months of
entry into force for the United States of the
PIC Convention and within 18 months of entry
into force for the United States of the POPs
Convention, the Administrator shall review the
statutory time frames for receipt of pre-export
notices and the Administrator's processing of
such notices. In review of such time frames and
processes, the Administrator shall consider
whether amendments to the time frames and
modifications to the processes would be
appropriate to administer notice activities in
accordance with the PIC Convention and to
comply with the POPs Convention.
``(C) Content of pre-export notices.--
``(i) Notices for banned or severely
restricted pesticide or active ingredient used
in producing a pesticide.--A notice under
subparagraph (A)(ii) shall include--
``(I) the name and address of the
exporter;
``(II) the name and address of the
appropriate designated national
authority of the United States;
``(III) the name and address of the
appropriate designated national
authority of the importing foreign
state, if available;
``(IV) the name and address of the
importer;
``(V) the name of the pesticide or
active ingredient used in producing a
pesticide for which the notice is
required;
``(VI) the expected date of export;
``(VII) information relating to the
foreseen uses of the pesticide or
active ingredient used in producing a
pesticide, if known, in the importing
foreign state;
``(VIII) information on
precautionary measures to reduce
exposure to, and emission of, the
pesticide or active ingredient used in
producing a pesticide;
``(IX) information relating to the
concentration of the pesticide or
active ingredient used in producing a
pesticide; and
``(X) any other information
specified in Annex V to the PIC
Convention.
``(ii) Notices for pesticides listed on
annex iii of the pic convention.--A notice
under subparagraph (A)(iii) shall include--
``(I) all of the information
required to be included under
subparagraph (C)(i);
``(II) any information relating to
export conditions or restrictions
identified by the Administrator in the
notice issued under paragraph (12)(C)
with respect to the pesticide;
``(III) a general description of
the manner in which the export complies
with those conditions; and
``(IV) any other information that
the Administrator determines by order
published in the Federal Register to be
necessary for effective enforcement of
the export conditions or restrictions
applicable to the pesticide.
``(iii) Notices for pesticide the export of
which is not prohibited under paragraph (2).--A
notice submitted to the Administrator under
subparagraph (A)(iv) shall include--
``(I) the name and address of the
exporter;
``(II) the name and address of the
importer;
``(III) a specification of the
identity of the POPs pesticide;
``(IV) a general description of how
the export is in accordance with the
provisions related to export in
paragraph 2 of Article 3, or other
applicable provision, of the POPs
Convention; and
``(V) such other information as the
Administrator determines by order
published in the Federal Register to be
necessary for enforcement of the
export-related obligations of the POPs
Convention applicable to the pesticide.
``(D) Pre-export notices accompanying each
export.--An exporter shall ensure that a copy of the
most recent applicable pre-export notice accompanies
each shipment for export and is available for
inspection upon export for--
``(i) any pesticide or active ingredient
used in producing a pesticide that the
Administrator has identified under paragraph
(12)(C) as being listed on Annex III of the PIC
Convention; or
``(ii) any POPs pesticide that is exported.
``(E) Retention of pre-export notices.--
``(i) In general.--An exporter required to
provide a notice under clauses (iii) and (iv)
of subparagraph (A) shall comply with sections
8 and 9 and any regulations promulgated under
those sections with regard to maintenance of
the notice and other documents used to generate
the notice and with regard to their
availability for inspection and copying.
``(ii) Time period for retention.--
Notwithstanding clause (i), such exporter shall
maintain a copy of the notice and other
documents used to generate the notice for a
period of not less than 3 years beginning on
the date on which the notice is provided.
``(11) Labeling requirements.--
``(A) In general.--In the case of any pesticide or
active ingredient used in producing a pesticide that is
the subject of a notice issued under subparagraph (A)
or (C) of paragraph (12) and that is sold, distributed,
or produced, the pesticide or active ingredient used in
producing a pesticide, shall, in accordance with the
PIC Convention--
``(i) bear labeling information relating to
risks or hazards to human health or the
environment; and
``(ii) be accompanied by shipping documents
that include any relevant safety data sheets on
the pesticide.
``(B) Custom codes.--A pesticide or active
ingredient used in producing a pesticide that is the
subject of a notice issued under paragraph (12)(C) and
that is distributed or sold for export shall be
accompanied by shipping documents that bear, at a
minimum, any appropriate harmonized system customs
codes assigned by the World Customs Organization.
``(12) Notice requirements and exemption.--
``(A) Determination whether pesticide is banned or
severely restricted.--
``(i) In general.--The Administrator shall
determine whether a pesticide or active
ingredient used in producing a pesticide is
banned or severely restricted within the United
States (as those terms are defined by the PIC
Convention).
``(ii) Notice of determinations.--
Notwithstanding any other provision of law, the
Administrator shall issue to the Secretariat of
the PIC Convention and the public a notice of
each determination under subparagraph (A) that
includes--
``(I) in the case of a notice to
the Secretariat of the PIC Convention,
the information specified in Annex I to
the PIC Convention; and
``(II) in the case of a notice to
the public, at a minimum, a summary of
that information.
``(B) Notice to foreign countries.--
``(i) In general.--Notwithstanding any
other provision of law, on receipt of a notice
of intent to export under paragraph
(10)(A)(ii), the Administrator shall provide a
copy of the notice to the designated national
authority of the importing foreign state.
``(ii) Nonidentified designated national
authority.--In a case in which a designated
national authority has not been identified, the
Administrator shall provide the notice of
intent to export to any other appropriate
official of the importing foreign state, as
identified by the Administrator.
``(C) Notice to public.--
``(i) In general.--The Administrator shall
issue a notice to inform the public of--
``(I) any pesticide that is listed
on Annex III to the PIC Convention; and
``(II) any condition or restriction
of an importing foreign state that is
applicable to the import, in accordance
with the PIC Convention, of the
pesticide.
``(ii) Timing.--A notice required under
clause (i) shall be issued not later than 90
days after, and any conditions or restrictions
described in clause (i)(II) shall take effect
not later than 180 days after, the date of
receipt of a notice from the Secretariat of the
PIC Convention who--
``(I) transmits import decisions of
the parties to the PIC Convention; or
``(II) provides notice of the
failure of the parties to provide
import decisions.
``(iii) Treatment of conditions and
restrictions.--A condition or restriction
identified by a notice required under clause
(i) shall be considered to be an export
condition or restriction for the purpose of
paragraph (9).
``(D) Notice of exemption.--The Administrator may
issue a notice exempting any pesticide or active
ingredient used in producing a pesticide from the
requirements of paragraphs (9) through (11) if the
Administrator determines that the exemption would be
consistent with the PIC Convention or POPs Convention.
``(13) Harmonization of pops convention and lrtap pops
protocol.--
``(A) In general.--If a pesticide is both a POPs
pesticide and a LRTAP POPs pesticide, in the case of a
conflict between a provision of this subsection
applicable to a POPs pesticide and a provision of this
subsection applicable to a LRTAP POPs pesticide, the
more stringent provision shall apply, as determined by
the Administrator.
``(B) Application.--In the case of a pesticide
described in subparagraph (A), this paragraph shall be
applied in such a manner as to ensure that the United
States is in compliance with its obligations under the
POPs Convention and the LRTAP POPs Protocol with
respect to the pesticide.
``(14) Harmonization of pops convention and pic
convention.--
``(A) In general.--If the export of a pesticide is
addressed or restricted under paragraphs (2) through
(7) and paragraphs (9) through (12), all of those
paragraphs shall apply to the pesticide.
``(B) Conflict.--In the case of a conflict between
paragraphs (2) through (7) and paragraphs (9) through
(12) with respect to a pesticide, the more stringent
provision shall govern.
``(C) Application.--With respect to a pesticide,
paragraphs (2) through (12) shall be applied in manner
as to ensure that the United States is in compliance
with its obligations under both the POPs Convention and
the PIC Convention with respect to the pesticide.
``(f) Regulations.--
``(1) In general.--The Administrator may promulgate such
regulations as the Administrator determines to be necessary--
``(A) to facilitate implementation of this section;
``(B) to allow the pre-export notice requirement
under this section and any pre-export notice
requirement in other provisions of this Act or in any
other Federal law to be satisfied by a single notice;
and
``(C) to ensure compliance with the PIC Convention,
the POPs Convention, and the LRTAP POPs Protocol.
``(2) Importation of pesticides and devices.--The Secretary
of the Treasury, in consultation with the Administrator, shall
prescribe regulations for the enforcement of subsection (c) of
this section.''.

SEC. 4. CONFORMING AMENDMENTS.

The Federal Insecticide, Fungicide, and Rodenticide Act is
amended--
(1) in section 3(b) (7 U.S.C. 136a(b)), in the matter
preceding paragraph (1), by striking ``A pesticide'' and
inserting ``Except as provided in section 17, a pesticide'';
and
(2) in section 12(a)(2) (7 U.S.C. 136j(a)(2))--
(A) in subparagraph (R), by striking ``or'' after
the semicolon;
(B) in subparagraph (S), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(T) to violate any provision of section 17 or any
regulation promulgated under that section.''.

SEC. 5. CONFORMING AMENDMENTS TO FIFRA TABLE OF CONTENTS.

The table of contents in section 1(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended--
(1) in the items relating to section 2, by adding at the
end the following:

``(pp) Conference.
``(qq) Conference Listing Decision.
``(rr) Designated national authority.
``(ss) Executive Body.
``(tt) Executive Body Decision 1998/2.
``(uu) HCH.
``(vv) LRTAP POPs pesticide.
``(ww) LRTAP POPs protocol.
``(xx) PCB.
``(yy) PIC Convention.
``(zz) POPs Convention.
``(aaa) POPs pesticide.
``(bbb) POPs Review Committee.'';
and
(2) in the items relating to section 17, by striking the
items relating to subsections (d) and (e) and inserting the
following:

``(d) Cooperation in international efforts generally.
``(e) Pops Convention, LRTAP Pops Protocol, and PIC Convention.
``(1) In general.
``(2) Prohibitions.
``(3) Notice and report after decision that screening criteria
are met under the POPS Convention or after
risk profile submitted under the LRTAP POPS
Protocol.
``(4) Notice and report after decision that global action is
warranted under the POPS Convention or that
further consideration of the pesticide is
warranted under the LRTAP POPS Protocol.
``(5) Notice after recommendation that conference consider
listing or after completion of a technical
review.
``(6) Provision of information to the public.
``(7) Consideration of information in cancellation of
registration or prohibition of production
for export or export of pesticides.
``(8) No effect on other provisions.
``(9) Requirements for exports.
``(10) Pre-export notices.
``(11) Labeling requirements.
``(12) Notice requirements and exemption.
``(13) Harmonization of POPS convention and LRTAP POPS
protocol.
``(14) Harmonization of POPS convention and PIC convention.
``(f) Regulations.
``(1) In general.
``(2) Importation of pesticides and devices.''.
Union Calendar No. 399

109th CONGRESS

2d Session

H. R. 3849

[Report No. 109-668]

_______________________________________________________________________

A BILL

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
implement pesticide-related obligations of the United States under the
international conventions or protocols known as the PIC Convention, the
POPs Convention, and the LRTAP POPs Protocol.

_______________________________________________________________________

September 19, 2006

Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed