Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1986

Summary

Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1985 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to declare that findings and determinations of the arbitrator in disputes concerning compensation for the use of pesticide data shall be reviewable by the appropriate United States court of appeals. (Currently the arbitrator appointed by the Federal Mediation and Conciliation Service makes the final and conclusive determination.) Makes technical and clarifying amendments with respect to the classification for general and restricted use of pesticides. Describes rulemaking proceedings for the determination of whether a pesticide product causes unreasonable adverse effects on the environment and the terms of registration under which such product may be distributed, sold, or used. Prohibits the Administrator of the Environmental Protection Agency from issuing a notice of intent to cancel the registration of a product unless: (1) a final rule has been published which concludes that use of the product poses unreasonable adverse effects on the environment; (2) a determination is made that the question of adversity would be more quickly and efficiently answered in an adjudicatory hearing; or (3) such notice is issued on or before October 2, 1988, and concerns a product under an investigation commenced on or before October 2, 1986. Limits the scope of hearings based on a pesticide's noncompliance with regulations issued after October 2, 1985, under this Act, to: (1) whether the product complies; (2) whether the regulation is applicable; or (3) whether the regulation is unreasonable based on current information. Revises the procedure for canceling the registration of noncomplying pesticides. Eliminates provisions which require a fact-finding hearing prior to a cancellation. Authorizes the Administrator to issue a notice of intent to cancel the registration of a pesticide product, if such product's registration is based on false, inaccurate, or misleading information. Declares that a suspension order may prohibit the distribution, sale, or use of a pesticide product. Makes conforming amendments to provisions concerning public hearings and scientific review of pesticide products. Authorizes the Administrator to issue regulations governing the right to a hearing with regard to the denial of any application for the registration of a pesticide product containing an ingredient which was subject to a prior notice of intent to cancel. Authorizes any person to petition the Administrator to cancel or suspend the registration of a pesticide product. Includes among persons required to maintain pesticide records, any producers, registrants, applicants for registration, applicants or holders of experimental use permits, pesticide testing facilities, commercial applicators, and persons who distribute or sell pesticides. Revises provisions relating to the authority of the Administrator to make inspections under this Act. Allows State officers or employees designated by the Administrator to conduct inspections. Exempts determinations to disclose information on inert ingredient statements from procedures to be used when the Administrator proposes to disclose information on product formulas. Sets forth conditions for disclosure to States and foreign governments. Revises current provisions regarding unlawful acts and penalties. Prohibits indemnity payments to owners of pesticide products whose registrations are suspended after the effective date of this Act. Provides for judicial review of regulations issued under this Act in the appropriate court of appeals or in the United States Court of Appeals for the District of Columbia. Provides that after October 1, 1985, the Administrator will not be responsible for the disposal of a pesticide when the registration of such pesticide is cancelled. Declares that the Administrator, in implementing this Act, shall not be deemed to be exercising authority to prescribe or enforce workplace standards affecting occupational safety and health. Authorizes registrations issued by States for special local needs to terminate without cancellation hearings. Replaces congressional veto provisions with a 60-day delay period after promulgation of pesticide regulations.

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Documents

4 official files

• House agreed to Senate amendment with amendment

  summary · EN · 16 October 1986

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• Passed Senate amended

  summary · EN · 6 October 1986

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• Passed House amended

  summary · EN · 19 September 1986

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• Introduced in House

  summary · EN · 14 May 1985

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