Amends the Federal Insecticide, Fungicide, and Rodenticide Act to set forth required contents of notices to be submitted to foreign governments and international governmental agencies upon the cancellation or suspension of a pesticide registration.
Prohibits pesticides with cancelled or suspended registrations from being exported to a foreign country unless the exporter, prior to such exportation, has submitted an export notice to the person importing the pesticide, the regulatory office of the importing country, and the Administrator of the Environmental Protection Agency. Sets forth required contents of the export notice.
Requires the Administrator, upon receiving a notice from another country or an international agency that prohibits importation of a pesticide with a cancelled or suspended registration and certifies that the pesticide shall not be used or produced in the country, to: (1) notify the public of such notice; and (2) ensure that U.S. exports comply with such notice. Directs the Administrator, upon petition of any person, to allow exports of a pesticide to a country if the country is not complying with its notice or certification.
Requires the Administrator to provide technical assistance to foreign countries for developing pesticide regulatory programs. Directs the Administrator to conduct and publish a triennial survey of all countries that import U.S. pesticides or from which the United States imports agricultural commodities to ascertain what procedures are in place in each country for: (1) registration, labeling, and training to ensure safe handling, transportation, application, and disposal of pesticides; and (2) controlling residues on foods to meet tolerances under U.S. law.
HR 5013 IH 101st CONGRESS 2d Session H. R. 5013 To amend the Federal Insecticide, Fungicide, and Rodenticide Act to revise the provisions regulating the export of pesticides which have had their registrations canceled or suspended. IN THE HOUSE OF REPRESENTATIVES June 12, 1990 Mr. OLIN (for himself, Mr. ROSE, and Mr. MORRISON of Washington) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act to revise the provisions regulating the export of pesticides which have had their registrations canceled or suspended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPORT AND IMPORT OF PESTICIDES. Section 17 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o) is amended to read as follows: `SEC. 17. IMPORTS AND EXPORTS. `(a) NOTICES OF REGULATORY ACTION FURNISHED TO FOREIGN GOVERNMENTS- `(1) ISSUANCE- Whenever a cancellation or suspension of the registration of a pesticide becomes effective, or ceases to be effective, the Administrator shall promptly transmit through the Secretary of State a notice to the governments of other countries and to appropriate international governmental agencies. `(2) CONTENTS OF NOTICE OF REGULATORY ACTION- A notice under paragraph (1) respecting a pesticide shall include-- `(A) the identity of the pesticide, including its common name, trade names, and chemical name, `(B) a summary and reasons for the regulatory action taken, including information on retained uses of the pesticide, `(C) information concerning other pesticides that are registered under section 3 and that could be used in lieu of such pesticide, and `(D) the name and address of the office of the United States Environmental Protection Agency that, on request, can provide additional information on the pesticide. `(3) RECEIPT OF NOTICE OF REGULATORY ACTION FROM FOREIGN GOVERNMENTS- Upon receiving a notice of regulatory action from other countries or international governmental agencies, the Administrator may notify other appropriate Federal agencies and the public regarding the notice. `(b) PESTICIDES AND DEVICES INTENDED FOR EXPORT- `(1) VIOLATIONS- Notwithstanding any other provision of this Act, no pesticide or device, or active ingredient used in producing a pesticide, intended solely for export to any foreign country shall be considered in violation of this Act when prepared or packed according to the specifications or directions of the foreign purchaser, except that producers of such pesticides and devices and active ingredients used in producing pesticides shall be subject to section 2(p), subparagraphs (A), (C), (D), (E), (G), and (H) of section 2(q)(1), subparagraphs (A), (B), (C)(i), (C)(iii), and (D) of section 2(q)(2), sections 7 and 8, and paragraphs (2), (3), and (4) of this subsection. `(2) NOTICE OF EXPORT- No pesticide which has had its registration canceled or suspended under section 6 may be exported to any foreign country by any person unless, at least 30 days before the first shipment of such pesticide to such country, the person has-- `(A) notified, under paragraph (3), the person importing the pesticide and the appropriate government regulatory office of the importing country, `(B) received written evidence that the notification was delivered to the person importing the pesticide and the appropriate government regulatory office of the importing country, and `(C) submitted a copy of the notification and evidence of delivery to the Administrator. `(3) CONTENTS OF EXPORT NOTICE- The notice required under paragraph (2) shall contain the following information-- `(A) the identity of the pesticide, including its common name, trade names, and chemical name, `(B) a copy of, or reference to, the notice of regulatory action provided under subsection (a), `(C) a statement that an export of the pesticide is anticipated, `(D) the name and address of the persons exporting and importing the pesticide, and `(E) the name and address of the office of the United States Environmental Protection Agency that, on request by the importer or official of the importing country, can provide additional information on the pesticide, device, or active ingredient. `(4) RECEIPT OF IMPORT NOTICE FROM FOREIGN GOVERNMENTS AND PRIOR INFORMED CONSENT- Upon receiving a notice from another country or an international agency that prohibits importation of a pesticide which has had its registration canceled or suspended under section 6 into the importing country from all other countries, and certification that such pesticide shall not be produced or used within the country, the Administrator shall-- `(A) notify other appropriate Federal agencies and the public regarding the notice, and `(B) in coordination with the Secretary of the Treasury, ensure that exports from the United States comply with the notice. Upon petition by any person or upon the Administrator's own initiative, the Administrator shall allow export of a pesticide to a country, if the country does not comply with the terms of its notice or certification. `(c) PESTICIDES AND DEVICES INTENDED FOR IMPORT- The Secretary of the Treasury shall notify the Administrator of the arrival of pesticides and devices and shall deliver to the Administrator, upon the Administrator's request, samples of pesticides or devices which are being imported into the United States, giving notice to the owner or consignee, who may appear before the Administrator and have the right to introduce testimony. If it appears from the examination of a sample that it is adulterated, is misbranded or otherwise violates the provisions set forth in this Act, or is otherwise injurious to health or the environment, the pesticide or device may be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any pesticide or device refused delivery which shall not be exported by the consignee within 90 days from the date of notice of such refusal under such regulations as the Secretary of the Treasury and Administrator may prescribe. The Secretary of the Treasury may deliver to the consignee such pesticide or device pending examination and decision in the matter on execution of bond for the amount of the full invoice value of such pesticide or device, together with the duty thereon, and on refusal to return such pesticide or device for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purpose, the consignee shall forfeit the full amount of the bond. All charges for storage, cartage, and labor on pesticides or devices which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee. `(d) COOPERATION IN INTERNATIONAL EFFORTS- The Administrator shall-- `(1) in cooperation with the Secretary of State, other appropriate Federal agencies, and international governmental organizations, actively participate in international efforts to develop improved pesticide research and regulatory programs, `(2) provide foreign countries with technical assistance to develop comprehensive pesticide regulatory programs, `(3) within one year after the date of the enactment of this subsection and every three years thereafter, conduct and publish a survey of all countries that import pesticides from United States exporters or from which the United States imports agricultural commodities, to ascertain what procedures are in place in each country-- `(A) regarding registration, labeling, and training to ensure safe handling, transportation, application, and disposal of pesticides, and `(B) to control residues on foods to meet tolerances established under United States law, and `(4) report to Congress annually on the activities conducted under this subsection and the results thereof. `(e) REGULATIONS- The Secretary of the Treasury and the Administrator shall jointly prescribe regulations for the enforcement of subsections (b)(4) and (c).'. SEC. 2. EFFECTIVE DATE. The amendment made by section 1 shall take effect 6 months after the date of the enactment of this Act.
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Department Operations, Research, and Foreign Agriculture.
Executive Comment Requested from USDA, EPA.
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