Federal Insecticide, Fungicide, and Rodenticide Reform Act of 1988

Summary

Federal Insecticide, Fungicide, and Rodenticide Act Reform of 1987 - Title I: Definitions - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to define specified terms for purposes of such Act. Title II: Registration of Pesticides - Authorizes the use of an arbitration procedure to determine compensation for the use of another registrant's health and safety data for expired-patent pesticides. Permits two or more pesticide registrants to jointly develop additional supporting data. Prohibits conditional registrations of additional uses unless in the public interest. Sets forth procedures for conducting interim administrative reviews of whether a registered pesticide or pesticide category poses unreasonable adverse environmental effects. Provides for public access to health and safety data submitted to support a registration application for a pesticide containing a new active ingredient, or to authorize the food use of a pesticide active ingredient. Provides criminal penalties for wrongful disclosure. Requires a person seeking such information to affirm that he or she is not working for a pesticide business. Requires the Environmental Protection Agency (EPA) to establish an inert ingredient priority list. Requires EPA to establish and enforce efficiency standards for antimicrobial control agents (including disinfectants), including standards for hospital and health facility use. Requires EPA to develop methods for testing the neurotoxicological and behavioral effects of pesticides. Title III: Reregistration of Registered Pesticides - Requires the reregistration of active ingredient pesticides with outstanding data requirements registered before November 1, 1984. Provides for a phased-in nine year reregistration period. Provides for annual registration fees based on active ingredients over a five-year period. Establishes a registration fund in the Treasury. Title IV: Certified Applicators - Makes it a violation for any person to use any pesticide as a commercial applicator unless such person is a certified commercial applicator or a registered commercial applicator under the direct supervision of a certified commercial applicator. Provides for the development of training materials and procedures, including standards for trainers and training programs. Provides for separate standards for commercial and private applicators. Requires refresher training. Title V: Administrative Review - Requires a request for a cancellation hearing to identify the disputed findings and to include a statement of reasons which support such request. Revises pesticide label change procedures, including prohibiting a label change that would be equivalent to a cancellation of use or make the product unmarketable. Revises administrative review provisions. Requires EPA to cancel or suspend a registration based on false or invalid data. Requires producers and other parties to notify EPA and the State regarding stored, cancelled, or suspended pesticides. Title VI: Reregistration of Establishments - Requires pesticide producers to have available for the public pesticide active ingredient fact sheets. Requires annual reports to EPA. Title VII: Books and Records - Sets forth recordkeeping provisions, including requirements regarding commercial applicators and pesticide dealers. Title VIII: Inspection of Establishments - Authorizes duly designated Federal and State officials or employees to inspect pesticide facilities. Title IX: Protection of Trade Secrets and Other Information - Authorizes EPA to disclose to a State data acquired under this Act if the State provides the data submitter with at least the same protection as provided for by this Act. Requires such disclosure if the State also permits a compensation action for wrongful disclosure. Title X: Standards Applicable to Pesticide Applicators - Repeals specified private applicator recordkeeping requirements. Title XI: Unlawful Acts - Revises specified provisions regarding unlawful activities under such Act. Title XII: Penalties - Increases specified civil and criminal penalties under such Act. Grants to the EPA witness and document subpoena authority. Title XIII: Indemnity - Requires EPA, before making any indemnification payment, to: (1) report to the appropriate congressional committees; and (2) have a prior specific line item fund appropriation. Title XIV: Administrative Procedure - Permits a private right of action for judicial review of an EPA regulation. Title XV: Imports and Exports - Prohibits the export of restricted use or unregistered pesticides without prior notification to the importer and to an appropriate regulatory official of such country. Requires EPA to: (1) notify foreign governments and appropriate international agencies of pesticide regulatory activities; (2) participate in international pesticide research and regulatory programs; (3) provide foreign governments with technical assistance in developing pesticide regulatory programs; and (4) survey countries that import U.S. pesticides or export agricultural products to the United States to ascertain existing pesticide regulations and control food residues. Title XVI: Disposal and Transportation - Requires EPA to develop: (1) design regulations for pesticide containers that will promote the safe storage and disposal of such pesticides; and (2) regulations for pesticide container residue removal. Requires an EPA pesticide container study and report to the Congress. Title XVII: Delegation and Cooperation - States that EPA actions under such Act shall not preempt certain Department of Labor enforcement activities under the Occupational Safety and Health Act of 1970. Title XVIII: State Cooperation, Aid, and Training - Authorizes EPA to enter into cooperative agreements with States and Indian tribes for: (1) pesticide enforcement activities, including personnel training; (2) applicator training; and (3) pesticide certification and licensing programs. Authorizes appropriations. Title XIX: Authority of States - Prohibits States, for a five-year period, from prohibiting the sale or use of specified household antimicrobial pesticides with pending State registrations until a final application determination has been made. Requires EPA to establish criteria for disapproving special local needs registrations that take into account geographic use patterns. Title XX: Authority of Administrator - Repeals specified congressional review provisions of such Act. Makes authority for the scientific advisory panel permanent and increases its membership. Requires EPA to: (1) promulgate regulations regarding the health, safety, and training of employees who mix, load, or apply pesticides and agricultural workers in pesticide-treated areas; and (2) report to the Congress. Title XXI: State Primary Enforcement Responsibility - Provides for the expiration of State primary pesticide enforcement responsibility as of September 1, 1990, unless EPA determines that a State has the authority to impose civil and criminal penalties at least equal to those under such Act. Title XXII: Failure by the State to Assure Enforcement of State Pesticide Use Regulations - Authorizes EPA action under specified conditions if a State fails to enforce its pesticide use regulations. Title XXIII: Authorization for Appropriations - Authorizes FY 1988 through 1992 appropriations. Title XXIV: Other Provisions - Directs the Secretary of Agriculture, in providing regional research grants, to provide support for the interregional project number 4 program (IR4 program). Extends patents for certain pesticide, chemical, and plant products that undergo regulatory review prior to commercial marketing. Provides that during the last two years of a registered pesticide's patent it shall not be an act of patent infringement to make, use, or sell such pesticide solely for testing reasonably related to the development or submission of certain required data. Amends the Federal Food, Drug, and Cosmetic Act to require that when a pesticide registration is withdrawn, cancelled, or suspended because of human dietary risk, EPA shall withdraw tolerances for residues of the pesticide, or any tolerance exemption. Title XXV: Clarifying and Technical Amendments - Sets forth technical amendments. Title XXVI: Effective Date - Makes the provisions of this Act, unless otherwise provided for, effective 60 days after enactment.

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2 official files

• Reported to Senate with amendment(s)

  summary · EN · 4 May 1988

  Open at official source

• Introduced in Senate

  summary · EN · 21 July 1987

  Open at official source

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