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United States · Bill · HR

H.R. 8681 (95th)

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.

passedUnited States· United States Congress· EN

Introduced

1 August 1977

Last action

Status

Text inserted in H.R. 7073 as passed House.

Sponsors

Subjects

Discovery layer

Source updated

1 August 2024

Summary

Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to establish exceptions to the definition of the term " to use any registered pesticide in a manner inconsistent with its labeling. Amends FIFRA to prohibit the Administrator of the Environmental Protection Agency from using data previously submitted by a successful applicant for a pesticide registration to support a later applicant, unless (1) eight years have passed since the data was originally submitted; (2) the original data submitter has consented to use; or (3) the later data submitter offers to compensate the original submitter for such use. Specifies a procedure for negotiation and arbitration of the amount of compensation. Establishes procedures governing the generation of data needed to maintain existing registrations if the original data is incomplete or inadequate. Directs the Administrator to prescribe procedures for the registration of pesticides. Directs the Administrator, in establishing standards for data requirements for the registration of pesticides intended for minor uses, to (1) make the standards commensurate with the anticipated extent and pattern of use, and the level and degree of potential exposure of man and environment to the pesticides; and (2) consider the economic factors of volume of use and extent of distribution, and the impact of the cost of meeting such requirements. Authorizes the Administrator to conditionally register or amend registration of pesticides in accordance with prescribed criteria utilizing abbreviated procedures. Requires the Administrator, if practicable, to conduct programs for the certification of pesticides in accordance with prescribed criteria utilizing abbreviated procedures. Requires the Administrator, if practicable, to conduct programs for the certification of pesticide applicators in States for which a State plan for such applicators has not been approved by October 20, 1977. Requires the Administrator to issue a notice of intent to cancel a conditional registration if the condition upon which the registration was based has not been satisfied within the time required. Authorizes the Administrator, upon such cancellation, to permit the continued sale and use of existing stocks of the pesticide if it is determined that such action is not inconsistent with the purposes of the Act and will not have an unreasonable adverse effect on the environment. Revises the trade secrets provision of such Act to require disclosure of information relating to tests and testing methodology concerning the effects of pesticides on the environment. Authorizes the Administrator to disclose otherwise confidential information to individuals contracting with the Government if such disclosure is necessary in order to assure satisfactory performance of work by the contractor in connection with FIFRA. Establishes penalties for willful disclosure of FIFRA protected trade secrets to unauthorized persons by Government employees. Includes Indian tribes within provisions of the Act relating to cooperative agreements with the Administrator for training and enforcement programs. Requires the registration of (1) establishments producing active ingredients used in producing pesticides, and (2) establishments producing pesticides or active ingredients for export. Authorizes the appropriation of $46,636,000, $54,500,000, and $70,000,000 for fiscal years 1977-1979, respectively, to carry out the provisions of FIFRA. Requires the Administrator to perform a study examining the feasibility of assessing and collecting fees to cover the costs incurred in the FIFRA pesticide registration program. Establishes standards for State enforcement of pesticide use laws and regulations. Revises the definition of "misbranded" to include a nonregistered pesticide intended for export which bears a label not containing the phrase: "Not Registered fro use in the United States of America."

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2 official files

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