[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2042 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 2042
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 SENATE OF THE UNITED STATES
November 17, 2005
Mr. Chambliss (for himself and Mr. Harkin) 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
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 ``POPs, LRTAP POPs, and PIC
Implementation Act of 2005''.
SEC. 2. DEFINITIONS.
Section 2 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136) 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 B to the POPs Convention.
``(rr) Designated National Authority.--The term `designated
national authority' means 1 or more authorities that a government has
designated in a notification to the Secretariat of the PIC Convention
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 LRTAP Convention.
``(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) LRTAP Convention.--The term `LRTAP Convention' means the
Convention on Long-Range Transboundary Air Pollution, done at Geneva on
November 13, 1979 (TIAS 10541), and any subsequent amendments to which
the United States is a party.
``(vv) LRTAP POPs Pesticide.--The term `LRTAP POPs pesticide'
means--
``(1) aldrin;
``(2) chlordane;
``(3) chlordecone;
``(4) dichlorodiphenyltrichloroethane (DDT);
``(5) dieldrin;
``(6) endrin;
``(7) hexachlorocyclohexane (HCH);
``(8) heptachlor;
``(9) hexachlorobenzene;
``(10) hexabromobiphenyl;
``(11) mirex;
``(12) polychlorinated biphenyls (PCBs);
``(13) toxaphene; and
``(14) any other pesticide--
``(A) that is listed on Annex I or 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 the pesticide
on Annex I or 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 LRTAP Convention,
done at Aarhus on June 24, 1998, and any subsequent amendment to which
the United States is a party.
``(xx) 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, and any subsequent amendment to
which the United States is a party.
``(yy) POPs Convention.--The term `POPs Convention' means the
Stockholm Convention on Persistent Organic Pollutants, done at
Stockholm on May 22, 2001, and any subsequent amendment to which the
United States is a party.
``(zz) 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) polychlorinated biphenyls (PCBs);
``(10) toxaphene; and
``(11) any other pesticide--
``(A) that is listed on Annex A or 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 the pesticide
on Annex A or B of the POPs Convention has entered into
force for the United States.
``(aaa) 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 section heading, 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) the 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)--
(A) by redesignating the first through fourth
sentences as paragraphs (1) through (4), respectively;
and
(B) by adding at the end the following:
``(5) Prohibited imports.--Nothing in this subsection
permits the importation of any POPs pesticide or LRTAP POPs
pesticide that otherwise is prohibited under subsection (e).'';
(4) in the subsection heading of subsection (d), by
inserting ``Generally''after ``Efforts''; and
(5) by striking subsection (e) and inserting the following:
``(e) POPs Convention, LRTAP POPs Protocol, and PIC Convention.--
``(1) In general.--The Administrator shall, in cooperation
with the Department of State and any other appropriate Federal
agency, 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 pops convention or after risk profile
submitted under 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.--Not later than 45 days 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 clause (i) or (ii) of
subparagraph (A), respectively, the Administrator
shall--
``(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--
``(I) a summary of the POPs Review
Committee or Conference decision and
the basis for the decision; or
``(II) 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 described in
subparagraph (D);
``(vi) include any other information that
the Administrator considers to be relevant to
the proposal;
``(vii) request information and comment
on--
``(I) information relevant to the
risk profile of the POPs Review
Committee covered under Annex E to the
POPs Convention; and
``(II) 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.--Not later than 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 not later than 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 1 or
more 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.--Not later than 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 not later than 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 1 or
more 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 the administrator.--Not later than
240 days after the date of publication of a notice
under subparagraph (B), based on information received
under this paragraph and any other relevant information
available to the Administrator, the Administrator,
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
warranted under pops convention or that further consideration
of pesticides warranted under 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 a pesticide that is the subject
of a 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 a
pesticide is warranted and therefore requires 1
or more technical reviews of a proposal.
``(B) Notice.--Not later than 45 days after the
date of the decision or determination under
subparagraph (A), the Administrator shall--
``(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--
``(I) the POPs Review Committee or
Conference decision and the basis for
the decision; or
``(II) the Executive Body
determination and the basis for the
determination;
``(iii) request information and comment--
``(I) in the case of a pesticide
proposed for addition to an Annex of
the POPs Convention, 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 described pursuant to
clause (vi);
``(II) in the case of a pesticide
proposed for listing on an Annex to the
LRTAP POPs Protocol, on--
``(aa) any additional
measures not described pursuant
to clause (vi) that may exist
to reduce the risks of adverse
health effects on human health
or the environment that result
from the long-range
transboundary atmospheric
transport of the pesticide;
``(bb) the technical
feasibility of any of the
additional measures or the
measures described pursuant to
clause (vi); and
``(cc) the associated costs
and benefits of the additional
measures and the measures
described pursuant to clause
(vi);
``(iv) 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--
``(I) seek an exemption or
acceptable purpose under the POPs
Convention; or
``(II) allow a restricted use or
condition under the LRTAP POPs
Protocol;
``(v) request information described in
subparagraph (D);
``(vi) outline a broad range of possible
actions that the United States could take to
address any risks that the pesticide may pose;
``(vii) specify what changes, if any, to
registrations of or tolerances for the
pesticide have been made since the date of
publication of the notice under paragraph (3);
and
``(viii) include a statement that any
information submitted may be included as part
of the record of any cancellation proceeding
related to the pesticide that the Administrator
may undertake under section 6.
``(D) Provision of information.--Not later than 60
days after the date of publication of the notice under
subparagraph (B), or not later than 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 that the person believes is
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 the person believes is relevant
to the technical review or to an Executive Body
decision made under paragraph 3 of Article 14
of the LRTAP POPs Protocol;
``(iii) any information that the person
believes is 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.--Not later than 240
days after the date of publication of the notice under
subparagraph (B), based on information received under
this paragraph and any other information available to
the Administrator, the Administrator, after
consultation 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 includes, at a minimum,
information relating to the costs and benefits of the
prohibitions or restrictions described in response to
subparagraph (C)(vi) 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 technical review.--
``(A) Applicability.--This paragraph applies--
``(i) 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
``(ii) after completion of a technical
review of a proposal to list a pesticide on an
Annex to the LRTAP POPs Protocol.
``(B) Notice.--Not later than 45 days after the
date of the POPs Review Committee recommendation or
completion of a technical review described in clause
(i) or (ii) of subparagraph (A), respectively, the
Administrator shall--
``(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.
``(C) Required elements of notice.--A notice under
subparagraph (B) 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--
``(I) identified by the POPs Review
Committee; or
``(II) covered by the technical
review; and
``(iii) include a statement that any
information submitted may be included as part
of the record of any cancellation proceeding
related to the pesticide that the Administrator
may undertake under section 6.
``(6) Consideration of information in cancellation of
registration.--In a cancellation proceeding under section 6 for
a pesticide listed on Annex A or B of the POPs Convention or
Annex I or II of the LRTAP POPs Protocol, the Administrator may
consider--
``(A) the record compiled under paragraphs (3),
(4), and (5);
``(B) information related to domestic sale,
distribution, production, export, and use of the
pesticide;
``(C) information related to 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 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; and
``(iii) information that the United States
submits to the POPs Review Committee or to the
Conference pursuant to Article 8 of the POPs
Convention;
``(E) for pesticides listed on Annex I or 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; and
``(iii) 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) through (E).
``(7) No effect on other provisions.--
``(A) In general.--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.
``(B) Action by the administrator.--Except to the
extent necessary to comply with the PIC Convention, the
POPs Convention, or the LRTAP POPs Protocol, nothing in
this subsection interferes with or is a prerequisite to
the Administrator taking any action authorized under
this Act.
``(8) 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 (11)(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.
``(9) 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 (11)(A);
``(II) a pesticide or active
ingredient used in producing a
pesticide identified by the
Administrator in a notice issued under
paragraph (11)(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 the 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 pesticides or active
ingredients used in producing pesticides.--
``(I) First export.--In the case of
a first export of a pesticide or active
ingredient described in paragraph
(11)(A) that an exporter makes from the
territory of the United States to each
importing foreign state after the
Administrator issues a notice under
paragraph (11)(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 of a
pesticide or active ingredient
described in paragraph (11)(A) 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 pic
convention.--
``(I) First export.--In the case of
a first export of a pesticide listed in
Annex III to the PIC Convention that an
exporter makes from the territory of
the United States to each importing
foreign state after the Administrator
notifies the public under paragraph
(11)(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 of a
pesticide listed in Annex III to the
PIC Convention 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 (11)(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
pesticides the export of which is not
prohibited.--
``(I) First export of the calendar
year.--In the case of the first export
of a pesticide not prohibited from
being exported under paragraph (2) that
an exporter makes from the territory of
the United States to each 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 export.
``(II) Subsequent exports.--In the
case of subsequent exports of a
pesticide not prohibited from being
exported under paragraph (2) that an
exporter makes from the territory of
the United States to each importing
foreign state 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 for receipt of
notices if the Administrator determines that
such alternate time frame is appropriate and
that the Administrator 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.--
``(I) In general.--Not later than
18 months of entry into force for the
United States of the PIC Convention and
not later than 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
processing of the notices by the
Administrator.
``(II) Consideration of
appropriateness of amendments.--In
review of the time frames and
processes, the Administrator, with the
concurrence of the Secretary of State,
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 pesticides or active ingredient used
in producing pesticides.--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 the
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 clause
(i);
``(II) any information relating to
export conditions or restrictions
identified by the Administrator in the
notice issued under paragraph (11)(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 pesticides the export
of which is not prohibited.--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 complies with the provisions
related to export in paragraph 2 of
Article 3, or other applicable
provisions, 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 on export for--
``(i) any pesticide or active ingredient
used in producing a pesticide that the
Administrator has identified under paragraph
(11)(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
7 and 8 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), an exporter
required to provide a notice under clauses
(iii) and (iv) of subparagraph (A) 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.
``(10) 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 (11) 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 (11)(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.
``(11) Notice requirements and exemption.--
``(A) Determination whether pesticides are banned
or severely restricted.--
``(i) In general.--The Administrator, with
the concurrence of the Secretary of State,
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 clause (i) 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 (9)(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, with
the concurrence of the Secretary of State,
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 (8).
``(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 (8) through (10) if the
Administrator determines, with the concurrence of the
Secretary of State, that the exemption would be
consistent with the PIC Convention or POPs Convention.
``(12) 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, with the concurrence of the
Secretary of State.
``(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.
``(13) Harmonization of pops convention and pic
convention.--
``(A) In general.--If the export of a pesticide is
addressed or restricted under paragraphs (2) through
(6) and paragraphs (8) through (11), all of those
paragraphs shall apply to the pesticide.
``(B) Conflict.--In the case of a conflict between
paragraphs (2) through (6) and paragraphs (8) through
(11) with respect to a pesticide, the more stringent
provision shall apply.
``(C) Application.--With respect to a pesticide,
paragraphs (2) through (11) 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, with the
concurrence of the Secretary of State and after providing
notice to any other interested Federal agency, to be
necessary--
``(A) to implement 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
promulgate regulations for the enforcement of subsection
(c).''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Section 3(b) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a(b)) is amended in the matter preceding
paragraph (1) by striking ``A pesticide'' and inserting ``Except as
provided in section 17, a pesticide''.
(b) Section 12(a)(2) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136j(a)(2)) is amended--
(1) in subparagraph (R), by striking ``or'' after the
semicolon;
(2) in subparagraph (S), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(T) to violate section 17 (including any
regulation promulgated under that section).''.
(c) Section 17(c) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136o(c)) (as amended by section 3(3)) is
amended--
(1) in paragraph (1), by inserting ``In general.--'' before
``The Secretary'';
(2) in paragraph (2), by inserting ``Refusal and
destruction.--'' before ``If it appears'';
(3) in paragraph (3), by inserting ``Delivery and
forfeiture.--'' before ``The Secretary of the Treasury may'';
and
(4) in paragraph (4), by inserting
``Charges.--'' before ``All charges''.
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:
``(hh) Nitrogen stabilizer.
``(jj) Maintenance applicator.
``(kk) Service technician.
``(ll) Minor use.
``(mm) Antimicrobial pesticide.
``(nn) Public health pesticide.
``(oo) Vector.
``(pp) Conference.
``(qq) Conference listing decision.
``(rr) Designated national authority.
``(ss) Executive Body.
``(tt) Executive Body decision 1998/2.
``(uu) LRTAP Convention.
``(vv) LRTAP POPs pesticide.
``(ww) LRTAP POPs Protocol.
``(xx) PIP Convention.
``(yy) POPs Convention.
``(zz) POPs pesticide.
``(aaa) POPs Review Committee.'';
and
(2) by striking the items relating to section 17 and
inserting the following:
``Sec. 17. Imports, exports, and international conventions.
``(a) Pesticides and devices intended for export.
``(b) Cancellation notices furnished to foreign governments.
``(c) Importation of pesticides and devices.
``(1) In general.
``(2) Refusal and destruction.
``(3) Delivery and forfeiture.
``(4) Charges.
``(5) Prohibited imports.
``(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 POPs Convention or after risk
profile submitted under LRTAP POPs
Protocol.
``(4) Notice and report after decision that global action
warranted under POPs Convention or that
further consideration of pesticides
warranted under LRTAP POPs Protocol.
``(5) Notice after recommendation that Conference consider
listing or after completion of technical
review.
``(6) Consideration of information in cancellation of
registration.
``(7) No effect on other provisions.
``(8) Requirements for exports.
``(9) Pre-export notices.
``(10) Labeling requirements.
``(11) Notice requirements and exemption.
``(12) Harmonization of POPs Convention and LRTAP POPs
Protocol.
``(13) Harmonization of POPs Convention and PIC Convention.
``(f) Regulations.
``(1) In general.
``(2) Importation of pesticides and devices.''.
<all>