Circle of Poison Prevention Act of 1991 - Title I: Exported Pesticides - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require pesticide producers operating registered establishments to inform the Administrator of the Environmental Protection Agency of: (1) the types and quantities of pesticides and active ingredients used in producing pesticides for export to a foreign country; and (2) the date of export and quantity of such materials exported to each foreign country to which the producer has exported during the past 365-day period.
Provides that specified information on exported pesticides shall not be entitled to confidential trade secret treatment.
Makes it unlawful to export a pesticide or device in violation of FIFRA export requirements.
Prohibits the exportation of a pesticide or device unless: (1) such materials are prepared and packaged according to the specifications of the foreign purchaser and the legal requirements of the country of use; and (2) the label of the pesticide is written in the official language of the country of use and contains all information required to be included in the labeling for such pesticide in the United States.
Prohibits the exportation of a pesticide to a country of use if: (1) the registrations for pesticides containing an active ingredient that is included in such pesticide that account for nearly all of the uses of such ingredient have been canceled; (2) the tolerances for an active ingredient in such pesticide that account for nearly all the uses of such ingredient have been revoked; or (3) an active ingredient of the pesticide is ineligible for reregistration. Prohibits such exports (including pesticides used for agricultural production) unless: (1) the pesticide is registered; or (2) all of the active ingredients in the pesticide are the subject of a food tolerance.
Requires exporters, prior to the shipment of certain pesticides, to provide specified information to the Administrator. Prohibits the exportation of any pesticide to a country of use that: (1) has refused consent; or (2) has given conditional consent unless the conditions on which the consent was given are met. Prohibits refusals to consent unless the country certifies that it is not producing or importing and will not produce or import the pesticide or a similar product with the same active ingredient.
Waives certain requirements, upon the request of a country of use and subject to certain determinations by the Administrator, to permit the export of pesticides not meeting FIFRA requirements to: (1) prevent or arrest the spread of a communicable disease; or (2) stop or prevent the spread of a pest that is destroying or will destroy quantities of the country's food supply so as to result in widespread famine.
Permits the export of pesticides for experimental use in foreign countries if specified conditions are met.
Directs the Administrator to submit information to the Secretary of Health and Human Services concerning inspections for pesticide residues in imported foods conducted by the Department of Health and Human Services.
Requires the Administrator to notify foreign countries and the International Register of Potentially Toxic Chemicals whenever regulatory action is taken with respect to a pesticide.
Directs the Administrator to: (1) convene meetings with foreign governments and other interested parties to promote the implementation of improved research and regulatory programs for pest management and strategies for sustainable agriculture and to encourage the adoption of a multilateral convention requiring standard notice and pesticide export control measures; and (2) provide foreign countries with technical assistance to develop pesticide regulatory programs.
Permits persons to bring civil actions to secure the imposition of penalties on persons who violate pesticide export requirements. Prohibits civil actions from being initiated on the basis of the same unlawful acts that form the basis of existing proceedings for criminal violations.
Requires the Comptroller General to report to the Congress every four years on: (1) the operation and effect of this Act; and (2) how exported pesticides and their containers are used and disposed of and on their impact on the public health and the environment of countries of use.
Title II: Pesticide Residue Monitoring - Amends the Omnibus Trade and Competitiveness Act of 1988 to direct the Food and Drug Administration to summarize the volume of each food product subject to the requirements of the Federal Food, Drug, and Cosmetic Act imported into the United States in quantities determined by the Secretary of Health and Human Services to be commercial quantities (currently, products having an entry value exceeding an amount established by the Secretary). Requires the summary to: (1) be made by food product, country of origin, port of entry, pesticides monitored by the Secretary, pesticide residues detected, and the quantity of each pesticide exported from the United States for agricultural use; and (2) indicate the volume of each type of food tested for pesticide residues, arranged by pesticide, food, and country of origin.
Title III: Pesticide Tolerances - Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator, if a registration under FIFRA for a pesticide to be used on food is canceled or modified to prohibit its use in connection with food, to revoke any tolerance or exemption that permits the presence of the pesticide on the food. Suspends tolerances or exemptions for pesticides used on food if such use is suspended under FIFRA.
Authorizes the Administrator, if a residue of a canceled or suspended pesticide will persist in the environment and be present on a food, to establish a tolerance for the pesticide at a level that permits the residue to remain and will protect public health. Requires the Administrator to reduce the tolerance for any suspended or canceled pesticide annually if any decrease in the pesticide's residual environmental contamination or residues on food has occurred. Prohibits the Administrator from establishing or continuing a tolerance for a pesticide chemical residue unless the best available, practical method for detecting and measuring the levels of the residue on a food exists.
Title IV: Pesticide Information - Prohibits the importation of a raw agricultural commodity into U.S. customs territory unless the commodity importer files with the Secretary and the Secretary of the Treasury a document identifying each pesticide chemical used in connection with the commodity. Requires such importers, if unreported pesticides are detected in such commodities, to submit residue analyses for such pesticides. Waives reporting requirements for unreported pesticides if the presence of such pesticides is attributable to long-term environmental persistence and does not pose a health risk. Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to apply such requirements to importers of meat, poultry, and eggs.
Amends the Agricultural Act of 1954 to add to the list of annual reporting requirements of agricultural attaches a report on the customary use of pesticides in the production of agricultural commodities in foreign countries.
Title V: Effective Dates - Sets forth the effective dates for provisions of this Act.
HR 2083 IH 102d CONGRESS 1st Session H. R. 2083 To amend the Federal Insecticide, Fungicide, and Rodenticide Act to improve the safety of exported pesticides, and for other purposes. IN THE HOUSE OF REPRESENTATIVES April 24, 1991 Mr. SYNAR (for himself, Mr. PANETTA, Mr. GLICKMAN, Mr. ANNUNZIO, Mrs. MORELLA, Mr. RUSSO, Mrs. SCHROEDER, Mr. SHAYS, Mr. STARK, Mr. STUDDS, Mr. MILLER of California, Mr. LANTOS, Mr. MCDERMOTT, Mr. RAVENEL, Mr. SLATTERY, Mr. FASCELL, Mr. JOHNSON of South Dakota, Mr. JOHNSTON of Florida, Mr. ENGLISH, Mr. STOKES, Mr. JONTZ, Mr. LEHMAN of California, Mr. PENNY, Mr. LEVINE of California, and Mr. SANDERS) introduced the following bill; which was referred jointly to the Committees on Agriculture, Energy and Commerce and Foreign Affairs A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act to improve the safety of exported pesticides, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE- This Act may be cited as the `Circle of Poison Prevention Act of 1991'. (b) TABLE OF CONTENTS- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--EXPORTED PESTICIDES Sec. 101. Definitions. Sec. 102. Registration of establishments. Sec. 103. Protection of trade secrets and other information. Sec. 104. Unlawful acts. Sec. 105. Imports and exports. Sec. 106. Health and environmental effects reports. Sec. 107. Conforming amendments to table of contents. TITLE II--PESTICIDE RESIDUE MONITORING Sec. 201. Data management. TITLE III--PESTICIDE TOLERANCES Sec. 301. Revocation of tolerances and practical testing methods. TITLE IV--PESTICIDE INFORMATION Sec. 401. Disclosure of pesticides in import documents. Sec. 402. Annual reports by agricultural attaches. TITLE V--EFFECTIVE DATES Sec. 501. Effective dates. TITLE I--EXPORTED PESTICIDES SEC. 101. DEFINITIONS. (a) IN GENERAL- Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended by adding at the end the following new subsection: `(hh) COUNTRY OF USE- The term `country of use' means any foreign country in which-- `(1) a pesticide is used; `(2) a pesticide is intended by the exporter to be used or formulated; or `(3) on the basis of information reasonably available to the exporter, the use or formulation of a pesticide being exported is foreseeable.'. (b) MISBRANDED- Section 2(q)(1) of such Act (7 U.S.C. 136(q)(1) is amended-- (1) by striking `or' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting `; or'; and (3) by adding at the end the following new subparagraph: `(I) in the case of a pesticide intended for export from the United States, the labeling does not meet the requirements of section 17(a).'. SEC. 102. REGISTRATION OF ESTABLISHMENTS. Paragraph (1) of section 7(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136e(c)) is amended to read as follows: `(1)(A) Any producer operating an establishment registered under this section shall inform the Administrator within 30 days after the establishment is registered of the types and quantities of pesticides and active ingredients used in producing pesticides that the producer-- `(i) is currently producing; `(ii) has produced during the past 365-day period; and `(iii) has sold or distributed during the past 365-day period. `(B) Any producer operating an establishment registered under this section shall inform the Administrator within 30 days after the establishment is registered of-- `(i) the types and quantities of pesticides, and active ingredients used in producing pesticides, that are produced for export to a foreign country; and `(ii) the date of export and quantity of pesticides and active ingredients exported to each foreign country to which the producer has exported during the past 365-day period. `(C) The information required by this paragraph shall be kept current and submitted to the Administrator annually as required under such regulations as the Administrator may prescribe.'. SEC. 103. PROTECTION OF TRADE SECRETS AND OTHER INFORMATION. Section 10(d) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136h(d)) is amended by adding at the end the following new paragraph: `(4) Notwithstanding any other provision of this Act, the information submitted to the Administrator under section 7(c)(1)(B)(ii), 17(a)(2), 17(a)(3), 17(a)(4), 17(a)(5), or 17(a)(6) shall not be treated as confidential under subsection (b).'. SEC. 104. UNLAWFUL ACTS. Section 12(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136j(a)(2)) is amended-- (1) by striking `or' at the end of the subparagraph (R); (2) by striking the period at the end of subparagraph (S) and inserting `; or'; and (3) by adding at the end the following new subparagraph: `(T) to export a pesticide or device in violation of section 17.'. SEC. 105. IMPORTS AND EXPORTS. (a) PESTICIDES OR DEVICES INTENDED FOR EXPORT- Subsections (a) and (b) of section 17 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o) are amended to read as follows: `(a) PESTICIDES OR DEVICES INTENDED FOR EXPORT- `(1) GENERAL REQUIREMENTS- `(A) No pesticide or device may be exported to a foreign country unless-- `(i) the pesticide or device is prepared and packaged according to the specifications of the foreign purchaser and the legal requirements of the country of use and complies with this section and sections 2(q), 7, 8, 19(a), and 19(e); and `(ii) the label of the pesticide-- `(I) is written in an official language of the country of use; and `(II) to the extent not in conflict with requirements of the country of use, contains all health, safety, environmental, and other related information required to be included under section 3 in the labeling for the pesticide for use in the United States. `(B)(i) No person shall export to any country of use a pesticide if-- `(I) the registrations for pesticides containing an active ingredient that is included in the pesticide to be exported and that account for all or nearly all of the uses of the active ingredient by volume in the United States have been canceled; `(II) the tolerances that have been established under section 408 or 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a or 348) for an active ingredient of the pesticide to be exported and that account for all or nearly all of the agricultural uses of the ingredient have been revoked; or `(III) the Administrator has determined that an active ingredient of the pesticide is ineligible for reregistration pursuant to section 4(g)(2)(C). `(ii) No person shall export to any country of use a pesticide unless-- `(I) the pesticide is registered with the Administrator under section 3; or `(II) all of the active ingredients in the pesticide are the subject of a food tolerance established under section 408 or 409 of the Federal Food, Drug, and Cosmetic Act. `(iii) No person shall export to any country of use a pesticide if the pesticide is for use in connection with agricultural production related to food use unless-- `(I) the pesticide is registered under section 3 with the Administrator for use in connection with agricultural production related to food; or `(II) the active ingredients of the pesticide are the subject of a food tolerance established under section 408 or 409 of the Federal Food, Drug, and Cosmetic Act. `(iv) A tolerance whose revocation or suspension has been delayed pursuant to section 408(p) of the Federal Food, Drug, and Cosmetic Act shall be considered to have been revoked or suspended for purposes of this section. `(v) Temporary tolerances established pursuant to section 408(j) of the Federal Food, Drug, and Cosmetic Act, and tolerances set at a zero level pursuant to section 408(b) of such Act, shall have no effect for purposes of this section. `(C) A pesticide shall be considered to be for use in conjunction with agricultural production related to food use in a country of use, for purposes of this section, if there is substantial evidence that, in the country of use-- `(i) on the basis of the advertising, promotion, packaging, distribution, labeling of the pesticide, or other circumstances, it is probable that the pesticide may be used in connection with agricultural production related to food use; `(ii) patterns of pesticide marketing or use indicate that it is probable that the pesticide may be used in connection with agricultural production related to food use; `(iii) the pesticide is in use in connection with agricultural production related to food use; or `(iv) the quantity of the pesticide that an exporter intends to export to a country of use exceeds the quantity, on the basis of expectations of use, that could be used in the country of use for use other than in connection with agricultural production related to food use. `(2) ADDITIONAL REQUIREMENTS FOR THE EXPORT OF CERTAIN PESTICIDES- `(A) The export of the following pesticides shall be subject to the additional requirements set forth in this paragraph: `(i) Pesticides for which a restricted use classification is effective under section 3. `(ii) Pesticides that are subject to an order of suspension under section 6(c). `(iii) Pesticides that are the subject of a cancellation proceeding under section 6(b). `(iv) Pesticides that are the subject of a conditional registration under section 3(c)(7)(C). `(v) Pesticides that are the subject of an interim administrative review described in section 3(c)(8). `(vi) Pesticides that contain an active ingredient that is included on the World Health Organization list of Class 1A, `extremely hazardous', or Class 1B, `highly hazardous', pesticides. `(vii) Pesticides that contain an active ingredient that was the subject of a registration under section 3 that was canceled, or was amended to delete a registered use. `(viii) To the extent not in conflict with requirements of the country of use, the pesticide is not packaged, and stored, in conformity with standards for composition and quality of the Food and Agriculture Organization of the United Nations. `(ix) Pesticides that contain an ingredient that is the subject of an administrative review by Administrator as to whether the ingredient is inert, or that the Administrator has determined by rule are of Toxicological Concern for purposes of this Act. `(B)(i) Prior to shipment of a pesticide that is subject to the requirements of this paragraph, the exporter shall provide to the Administrator notice of shipment that identifies-- `(I) the common or trade names by which the pesticide is known in the country of use; `(II) a complete chemical description of the active ingredients of the pesticide, including any commonly accepted, chemical (generic), or abbreviated chemical name known in the country of use for the active ingredients; `(III) the name and address of the producer and exporter; `(IV) the name and address of the foreign purchaser; `(V) the intended date and quantity of shipment of the pesticide; `(VI) a description of the manner of transport of the shipment; `(VII) the name of the country of use that is the ultimate destination of the shipment; and `(VIII) the name of the raw agricultural commodity (as defined in section 201(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(r)), or processed food, if any, on which the pesticide is intended or likely to be used. `(ii) For each pesticide identified in a notice submitted under clause (i), if the notice is the first such notice that identifies a country of use for the pesticide that is received by the Administrator during the 12-month period immediately preceding the date of the receipt of the notice, the Administrator shall, within 20 days of the receipt of the notice submitted under clause (i), notify the appropriate official in the appropriate regulatory department or agency designated by the country of use and the office responsible for the International Register of Potentially Toxic Chemicals of the intended export. `(iii) The notice by the Administrator required under clause (ii) shall contain a description in English, and in an official language of the country of use, of-- `(I) the information required by clause (i); `(II) if the pesticide is subject to a conditional registration under section 3(c)(7)(C), an interim administrative review or suspension or cancellation proceeding, or is classified for restricted use under this Act, a statement explaining the reasons for that status; `(III) alternatives known to the Administrator, including nonchemical alternatives, to the use of the pesticide; and `(IV) the name and address of the office of the Environmental Protection Agency that, on request of an appropriate official of the country of use, will provide additional information concerning the pesticide and alternatives to the use of the pesticide. `(iv) The notice by the Administrator required under clause (ii) shall clearly inform its recipient-- `(I) that, pursuant to paragraph (3), the pesticide will not be exported to the country of use if the country of use does not consent to the export of the pesticide; `(II) that the country of use may give conditional consent to the export of the pesticide, except that the conditions will not be honored unless the country of use informs the Administrator of the conditions; and `(III) of the manner in which the country of use may inform the Administrator that it consents, does not consent, or gives conditional consent. `(3) EXPORTS NOT PERMITTED AS OFFENSIVE TO THE PUBLIC POLICY OF THE COUNTRY OF USE- `(A) If a country informs the Administrator, or an international agency of which the United States is a member, that the country does not consent or gives conditional consent to the importation of a pesticide or class of pesticides, the Administrator shall publish a notice in the Federal Register that the Administrator has been so informed, not later than 10 days after the receipt by the Administrator of the information. `(B) The Administrator shall publish such a notice concerning a specific country of use-- `(i) in response to a communication received from a country of use in response to a notice issued by the Administrator in accordance with paragraph (2)(B)(ii) that informs the Administrator that the country of use refuses to consent to the importation of the pesticide or gives conditional consent, except that the failure of the country of use to respond to the Administrator's notice within 120 days of the date on which the Administrator issues the notice shall be considered a refusal of consent; or `(ii) in accordance with a treaty or international agreement to which the United States is a party; or `(iii) in response to a communication received by the Administrator from an appropriate official of the country of use, informing the Administrator that the country of use does not consent to the importation of the pesticide or that the country of use gives conditional consent to the importation of the pesticide. `(C) Subsequent to the publication of such a notice-- `(i) no such pesticide may be exported to a country of use that has refused consent; and `(ii) no such pesticide may be exported to a country of use that has given conditional consent unless the conditions on which the consent was given are met. `(D) Any refusal of consent or conditional consent by a country of use shall be considered as continuing in nature and shall be effective until modified or withdrawn by the country of use. `(E) A refusal by a country of use to consent to the importation of a pesticide shall not be effective unless the country of use certifies to the Administrator that it-- `(i) is not producing and will not produce the pesticide or a similar product with the same active ingredient; and `(ii) is not importing and will not consent to the importation of the pesticide or a similar product with the same active ingredient from any other country. `(F) If the Administrator makes a determination that a country of use is not in compliance with the certification provided under subparagraph (E), the Administrator shall promptly withdraw the notice published under subparagraph (A). `(4) TEMPORARY WAIVER FOR CONTROL OF COMMUNICABLE DISEASE- On the request of the government of a country of use, the Administrator may issue a temporary waiver from any requirement under paragraph (1), (2), or (3) to permit the export to a country of use of a pesticide that does not otherwise meet the requirements for export under paragraph (1), (2), or (3) to prevent the imminent spread or to arrest the spread of a communicable disease of humans that poses a serious threat to public health in the country of use, if-- `(A) based on the certification of the country of use and all other information available to the Administrator, the Administrator makes a determination that-- `(i) the pesticide is to be used on a temporary basis for a period of time that shall not exceed 180 days; `(ii) there is no practical chemical or nonchemical alternative to using the pesticide to prevent the imminent spread or arrest the spread of a communicable disease that poses a serious threat to the public health in the country of use; and `(iii) the pesticide will not be used as part of a routine continuing pest control program; `(B) no quantity of the pesticide shall be exported in excess of a quantity that the Administrator, in consultation with the country of use, determines to be necessary to accomplish the purpose for the use of the pesticide under this paragraph; `(C) the exporter agrees to provide for the return from the country of use any unused or excess quantities of the pesticide at the time the purpose for the use of the pesticide under this paragraph has been accomplished; and `(D) the Administrator publishes a notice in the Federal Register prior to the exportation of the pesticide, or as soon thereafter as practicable, that includes-- `(i) the request made by the country of use; `(ii) the factual basis for any determination that the Administrator makes under this paragraph; `(iii) the identity of the exporter and the country of use; `(iv) the quantity and identity of the pesticide (including a complete chemical description of the active ingredient of the pesticide that includes any commonly accepted chemical (generic), or abbreviated chemical name of the active ingredient) that the Administrator authorizes for export under this paragraph; and `(v) the estimated dates of export for the pesticide. `(5) TEMPORARY WAIVER IN CIRCUMSTANCES OF FAMINE- On the request of the government of the country of use, the Administrator may issue a temporary waiver from any requirement under paragraph (1), (2), or (3) to permit the export of a pesticide that does not otherwise meet the requirements for export under paragraph (1), (2), or (3) to stop the spread or to prevent the imminent spread of a pest that is destroying or will destroy sufficient quantities of the food supply of the country of use so as to result in widespread famine or human starvation in the country of use in a country of use, if-- `(A) based on the certification of the country of use and all other information available to the Administrator, the Administrator makes a determination that-- `(i) the pesticide is to be used on a temporary basis for a period of not to exceed 180 days; `(ii) the pesticide will only be used to stop the spread or to prevent the imminent spread of a pest that is destroying or will destroy sufficient quantities of the food supply of the country of use so as to result in widespread famine or human starvation in the country of use; `(iii) there is no practical chemical or nonchemical alternative to the use of the pesticide to stop the spread or to prevent the imminent spread of the pest in the country of use in time to prevent the destruction of such quantities of the food supply of the country of use as to result in human starvation in the country of use; `(iv) the pesticide will not be used as part of a routine, continuing pest control program; and `(v) based on information provided by the country of use, food supplies that are stored in the country of use, available for purchase by the country of use, or are likely to be made otherwise available to the country of use, are not likely to be adequate to prevent widespread famine or human starvation caused by the pest in the country of use; `(B) no quantity of the pesticide shall be exported in excess of a quantity that the Administrator, in consultation with the country of use, determines to be necessary to accomplish the purpose for the use of the pesticide under this paragraph; `(C) the exporter agrees to provide for the return from the country of use any unused or excess quantities of the pesticide at the time the purpose for the use of the pesticide under this paragraph has been accomplished; and `(D) the Administrator publishes a notice in the Federal Register prior to the exportation of the pesticide, or as soon thereafter as practicable, that includes-- `(i) the request made by the country of use; `(ii) the factual basis for any determination that the Administrator makes under this paragraph; `(iii) the identity of the exporter and the country of use; `(iv) the quantity and identity of the pesticide (including a complete chemical description of the active ingredient of the pesticide that includes any commonly accepted chemical (generic), or abbreviated chemical name of the active ingredient) that the Administrator authorizes for export under this paragraph; and `(v) the estimated dates of export for the pesticide. `(6) Special exemption for the export of experimental pesticides- `(A) An exporter may export a pesticide for experimental use in a country of use if-- `(i) the active ingredients of the pesticides have not been and are not the subject of any registration under section 3; and `(ii) the pesticide is to be used only for research or experimental purposes. `(B) No pesticide subject to this Act may be exported for experimental use without the written consent of the government of the country of use. The consent shall be obtained in the manner prescribed in this paragraph. `(C)(i) In order to obtain the written consent of the government of country of use, the exporter shall submit a written request for consent to export the experimental pesticide to the Administrator and to the government of the country of use. `(ii) The Administrator shall transmit to the appropriate official in the appropriate agency responsible for the regulation of pesticides in the country of use the written request, a summary of all available information relating to the actual and potential adverse effects of the experimental pesticide on human health and the environment prepared by the Administrator, and a complete statement of the factual basis for the issuance by the Administrator of an experimental use permit under section 5(a) for the pesticide if the permit has been issued for the pesticide. `(iii) Not later than 60 days after the receipt of a request under clause (ii), the Administrator shall certify whether the request meets the requirements of clause (iv). `(iv) On receipt of a request for consent to export an experimental pesticide, the Administrator shall publish in the Federal Register a notice of the receipt of the response. The notice shall identify the experimental pesticide, crop, and target pest that is the subject of the request, the producer and exporter of the pesticide, and the country of use to which the request for permission to export of the pesticide was transmitted. `(v) The written request transmitted by the Administrator to the country of use shall be subject to public review. `(D) A written request for consent that is submitted to the Administrator for transmittal to the country of use, and submitted to the country of use, shall identify the pesticide for experimental use and the active ingredients of the pesticide and include-- `(i) the name of the exporter; `(ii) the trade names and chemical names of the active ingredients of the pesticide (including any commonly accepted, generic, or abbreviated chemical names); `(iii) a complete description of the proposed experimental activity, including the formulation of the pesticide, the application rates and methods, the pests that are sought to be controlled, the locations where the experimental use will be made, the size of the areas where the experimental pesticide will be applied, the dates on which the experiment will be conducted, and the manner in which experimental data will be collected and recorded; `(iv) the name of the persons who shall be responsible for the design and execution of the experiment and for the evaluation of the results of the experiment, along with the qualifications of the persons; `(v) the name, address, and qualifications of the person who will be the representative of the exporter in the country of use and, if different, the name, address, and qualifications of the person in the country of use who will supervise the experiment; `(vi) the location and manner of storage of the pesticide in the country of use; `(vii) the protective techniques, devices, and measures that will be provided to protect the health and safety of workers who will apply the pesticide and the health and safety of persons who live or work near the intended location of the experiment; `(viii) a complete description of the results of all information known to the exporter of the toxic effects of the pesticide, including its effects on the pest that is to be controlled, its effects on plants and animals other than the pest that is likely to be controlled (with special reference to plant and animal species at and near the intended location of the experiment, including any crops or livestock to which the pesticide may be applied), and its chronic and acute effects on human health; `(ix) a complete description of all information known by the exporter concerning the environmental persistence and fate of the pesticide, including the rate and manner of its degradation, its retention within plants and livestock, and its movement within water supplies; `(x) a written agreement by the exporter to promptly advise the country of use of any changes, revisions, or additions in the facts, circumstances, and information that relate to the disclosures and that are required by this paragraph; `(xi) a written certification by the exporter that the pesticide will be used only for experimental purposes, and will not be used for any commercial purpose; `(xii) a written agreement by the exporter that the exporter will destroy any crops or livestock to which the pesticide is applied or that the crops or livestock will be fed only to experimental animals that will be destroyed and not used for food purposes; and `(xiii) such other disclosures as the Administrator may by regulation require. `(E) Before transmitting the written request to the country of use, the Administrator may require that studies be conducted to determine whether the use of the pesticide under the conditions of the experimental use may cause unreasonable adverse effects on human health or the environment. The Administrator may also amend the request to limit the time during which the pesticide may be exported or used, or to limit the amount that may be exported. `(F) On the request of the appropriate official of the country of use, the Administrator shall provide a copy of any records in the files of the Administrator that are associated with an application for an experimental use permit pursuant to section 5(a). `(G) The country of use may consent, deny consent, or consent to the request on such terms and conditions as the country of use determines to be appropriate, and notify the Administrator and exporter of the decision. `(H) If the official of the country of use sends to the Administrator a written notice of consent to the use of the pesticide for research or experimental use, the Administrator shall, not later than 5 working days after receipt of the notice, notify the exporter of the pesticide. `(I) On receipt of the written notice of consent from the Administrator or the country of use, the exporter of the pesticide may export the pesticide in accordance with-- `(i) the terms of the request submitted under this paragraph; `(ii) any terms or condition in the written notice of consent issued by the official of the country of use; and `(iii) the requirements of this section. `(J) If the exporter exports the experimental pesticide pursuant to a written notice of consent received by the exporter from the government of the country of use, not from the Administrator, the experimental pesticide may not be exported until the exporter has transmitted to the Administrator a copy of the written notice of consent. `(K) The request for consent and the notice of consent issued by the country of use shall be subject to public review and inspection. `(L) A producer or exporter of a pesticide that exports a pesticide for research or experimental use to a country of use pursuant to this paragraph shall be subject to the requirements of sections 2(p), 2(q), 7, and 8. `(7) COOPERATION AND COORDINATION WITH FOOD INSPECTION SERVICES- `(A) The Administrator shall regularly consult with the Secretary of Health and Human Services concerning the inspection by the Department of Health and Human Services of imported food for pesticide residues. `(B)(i) The Administrator shall regularly prepare a compilation of the information submitted to the Administrator under this section, and the information submitted under section 7(c)(1)(B), and shall provide the compilation to the Secretary of Health and Human Services. `(ii) The compilation shall-- `(I) be organized in a manner so as to provide the Secretary of Health and Human Services with information that will assist the Secretary in the inspection of imported food for pesticide residues; `(II) be organized and presented in such a manner as to facilitate the incorporation of the compilation into the data management system maintained by the Secretary pursuant to section 4702(a) of the Omnibus Trade and Competitiveness Act of 1988 (21 U.S.C. 1401(a)); and `(III) include such additional information as the Administrator determines is useful to carry out this paragraph. `(iii) The Administrator shall prepare the compilation as expeditiously as possible so as to provide the compilation to the Secretary of Health and Human Services and the Secretary of Agriculture in a timely manner and in no event less frequently than once each 6 months. `(b) NOTICES OF REGULATORY EVENTS FURNISHED TO FOREIGN GOVERNMENTS- `(1) IN GENERAL- The Administrator shall, not later than 30 days after the effective date of an action described in this paragraph, transmit a notice to the appropriate officials of the appropriate departments or agencies of all countries, and to the office responsible for the International Register of Potentially Toxic Chemicals. The Administrator shall provide the notice each time-- `(A) a registration or a cancellation (whether voluntary or involuntary) or suspension, due in whole or in part to human health or environmental risks, of the registration of a pesticide becomes effective or ceases to be effective under this Act; `(B) a pesticide is first classified for restricted use under this Act; `(C) a registration of a pesticide is made subject to conditions under section 3(c)(7)(C); `(D) a pesticide is made subject to an interim administrative review under section 3(c)(8); or `(E) a pesticide is found to be ineligible for reregistration pursuant to section 4(g)(2)(C). `(2) CONTENTS OF NOTICE- The notice described in paragraph (1) shall include-- `(A) the factual basis on which the Administrator made any findings in support of the regulatory action that is the subject of the notice; `(B) an explanation of the legal significance of the regulatory action; `(C) information available to the Administrator in the case of any action that causes a pesticide to be subject to subsection (a)(2)-- `(i) concerning other pesticides registered under section 3 that could be used as an alternative to the pesticide including-- `(I) a complete summary of the regulatory status under this Act of any alternative pesticide; and `(II) a summary of possible adverse effects on human health or on the environment that any alternative pesticide may cause; `(ii) nonchemical alternatives to the pesticide; `(iii) the names and addresses of governmental and nongovernmental international organizations that the Administrator determines to be capable of providing information concerning nonchemical alternatives to the pesticide; and `(iv) the name and address of the office of the Environmental Protection Agency that will, on request, provide additional information concerning any pesticide that is subject to regulatory action, and alternatives to the pesticide.'. (b) COOPERATION IN INTERNATIONAL EFFORTS- Subsection (d) of section 17 of such Act is amended to read as follows: `(d) COOPERATION IN INTERNATIONAL EFFORTS- The Administrator shall-- `(1) sponsor, in cooperation with the Agency for International Development of the Department of State, the Food and Drug Administration of the Department of Health and Human Services, the United States Department of Agriculture, the United Nations Environment Program and agencies, Food and Agriculture Organization, and any other appropriate Federal agencies or departments, not later than 1 year after the date of the enactment of this subsection, a meeting of representatives of foreign governments, nongovernmental organizations, and other interested parties, and sponsor such additional meetings, as the Administrator determines to be necessary to promote the development and implementation of improved research and regulatory programs for pest management, and improved strategies for sustainable agriculture, including the promotion and development of integrated pest management and nonchemical alternatives; `(2) to the fullest extent possible, provide foreign countries with technical assistance to develop comprehensive pesticide regulatory programs; and `(3) not later than 1 year after the date of enactment of this subsection, convene, a meeting of representatives of foreign governments, nongovernmental organizations, and other interested parties, and sponsor such other meetings as may be necessary, to actively encourage the adoption of a binding multilateral convention requiring standard, mandatory notice and export control measures for pesticides.'. (c) CITIZEN ASSISTANCE IN ENFORCEMENT; APPLICATION OF SECTION- Section 17 of such Act is amended-- (1) by redesignating subsection (e) as subsection (g); and (2) by inserting after subsection (d) the following new subsection: `(e) CITIZEN ASSISTANCE IN ENFORCEMENT- `(1) CIVIL ENFORCEMENT ACTIONS- Any person may bring a civil action in a United States district court to secure the imposition of a civil penalty by the court on any person who commits an unlawful act specified in section 12(a)(2)(T). Jurisdiction and venue shall be proper in the judicial district in which the unlawful act was committed, where the defendant resides, or where the defendant has a regularly established place of business. If the court finds that an unlawful act has been committed, the court shall impose a penalty on the person committing the act in accordance with section 14(a). One half of the penalty shall be for the use of the United States and one half of the penalty shall be paid to the person who brought the civil action. The court may also impose, as a further penalty, the plaintiff's costs in bringing the civil action, including reasonable attorney's fees, expert witness fees, and expenses. `(2) BAD FAITH ACTIONS- If the court finds that no unlawful act has been committed, that the civil action was brought in bad faith, and that the civil action was either brought without reasonable inquiry as to the facts concerning the alleged unlawful act or was not warranted by existing law or by a good faith argument for the extension, reversal, or modification of an existing interpretation of law, the court may impose a sanction on the person who brought the civil action, and the attorneys of the person, of not more than $5,000 and may order them to pay the reasonable costs of the party accused of committing the unlawful act, including reasonable attorney's fees. `(3) NOTICE REQUIRED- No person may bring a civil action under this subsection unless the person informs the Administrator 60 days before filing a complaint that a civil action will be brought and also informs the Administrator of the complete factual basis for bringing the civil action. `(4) SAME UNLAWFUL ACTS- No civil action may be initiated pursuant to this subsection on the basis of the same unlawful acts that form the basis for proceedings that have already been initiated under section 14(b) for a criminal violation of this Act. If proceedings are initiated under section 14(b) for a criminal violation of this Act on the basis of the same unlawful acts that form the basis of a civil action that has already been initiated pursuant to this subsection, the civil action, to the extent that it is based on the same acts, shall be dismissed without costs to either party. `(f) APPLICATION OF SECTION- `(1) IN GENERAL- This section governs the export and import of all pesticides that are subject to this Act. `(2) NO EXEMPTION- This Act shall not be construed to exempt any pesticide or device that is subject to this Act from any requirement of this section, except in the case of a pesticide or device the domestic use of which is exempt from this Act pursuant to section 25(b).'. SEC. 106. HEALTH AND ENVIRONMENTAL EFFECTS REPORTS. (a) IN GENERAL- Not later than 1 year after the effective date of this Act, and each 4 years thereafter, the Comptroller General shall report to Congress on-- (1) the operation and effect of this Act (and the amendments made by this Act), including the administration of this Act (and such amendments); and (2) how exported pesticides and their containers are used and disposed of, and their impact on the public health and environment of the countries of use. (b) INFORMATION- The Comptroller General shall solicit information to carry out this section from knowledgeable parties, including the governments of the countries of use, exporters and nongovernmental organizations. SEC. 107. CONFORMING AMENDMENTS TO 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) by adding at the end of the items relating to section 2 the following new item: `(hh) Country of use.'; and (2) by striking the items relating to section 17 and inserting the following new items: `Sec. 17. Imports and exports. `(a) Pesticides or devices intended for export. `(1) General requirements. `(2) Additional requirements for the export of certain pesticides. `(3) Exports not permitted as offensive to the public policy of the country of use. `(4) Temporary waiver for control of communicable disease. `(5) Temporary waiver in circumstances of famine. `(6) Special exemption for the export of experimental pesticides. `(7) Cooperation and coordination with food inspection services. `(b) Notices of regulatory events furnished to foreign governments. `(1) In general. `(2) Contents of notice. `(c) Importation of pesticides and devices. `(d) Cooperation in international efforts. `(e) Citizen assistance in enforcement. `(1) Civil enforcement actions. `(2) Bad faith actions. `(3) Notice required. `(4) Same unlawful acts. `(f) Application of section. `(1) In general. `(2) No exemption. `(g) Regulations.'. TITLE II--PESTICIDE RESIDUE MONITORING SEC. 201. DATA MANAGEMENT. Subsection (c) of section 4702 of the Omnibus Trade and Competitiveness Act of 1988 (21 U.S.C. 1401(c)) is amended to read as follows: `(c) VOLUME DATA- The Food and Drug Administration shall use the computerized data management systems placed into effect under subsection (a)(1) to summarize the volume of each type of food product subject to the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) that is imported into the United States in quantities that are determined by the Secretary of Health and Human Services to be commercial quantities. The summary shall be made by food product, country of origin, port of entry, pesticides for which the Secretary routinely monitors, pesticide residues detected, and the quantity of each pesticide exported from the United States to the country of origin for agricultural use. The summary shall also indicate the volume of each type of food actually tested for pesticide residues, arranged by pesticide, food, and country of origin. Information with respect to volumes of food products and exported pesticides to be included in this summary shall, to the extent feasible, be obtained from other Federal agencies.'. TITLE III--PESTICIDE TOLERANCES SEC. 301. REVOCATION OF TOLERANCES AND PRACTICAL TESTING METHODS. Section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) is amended by adding at the end the following new subsections: `(p)(1)(A) If the Administrator, acting under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), with or without the consent of the registrant, either cancels the registration of each pesticide that contains a particular pesticide chemical and that is registered for use on a particular food, or requires that the registration of each such pesticide be modified to prohibit the use of the pesticide in connection with the production, storage, processing, or transportation of the food, the Administrator shall revoke any tolerance or exemption under this section or section 409 that permits the presence of the pesticide chemical, or any pesticide chemical that results from its use, in or on the food. The Administrator shall, not later than 30 days after the date on which this subparagraph initially applies to the pesticide chemical, publish a notice in the Federal Register issuing an order revoking any tolerance or exemption for the use established under this section or section 409 for the pesticide chemical in or on the food. `(B) The effective date of a revocation described in subparagraph (A) shall be 180 days after the date on which subparagraph (A) initially applies to the pesticide chemical. `(C) The Administrator may delay the effective date of a modification or revocation of a tolerance or exemption from the requirement of a tolerance for a pesticide chemical residue in or on a food under this section or section 409 if the modification or revocation would require a lower level of the pesticide chemical residue in or on the food than the level in effect under the tolerance or exemption immediately before the date the modification or revocation would otherwise take effect. `(D) The Administrator may delay the effective date, to permit the tolerance or exemption to remain at the level in effect immediately before the date the modification or revocation would otherwise take effect, for the period of time that the Administrator determines is necessary to allow foods that could contain the pesticide chemical residue as a result of lawful application of the pesticide chemical prior to the date the modification or revocation would otherwise take effect to be sold to consumers in the course of the usual practice for the production, processing, transportation, storage, and distribution of that type of food. `(E) The Administrator shall designate the delayed effective date and describe the determinations supporting the selection of the date in the order modifying or revoking the tolerance or exemption. `(F) Notwithstanding subparagraph (C) or (D), the Administrator shall, in the order modifying or revoking the tolerance or exemption, establish a shorter period of time for delay of the effective date, or provide for no delay of the effective date, for the modification or revocation, if the Administrator determines that the shorter period, or no delay of the effective date, is necessary to protect the public health during the period of the delay that would be required under subparagraph (C) or (D). `(2)(A) If the Administrator, acting under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), with or without the consent of the registrant, suspends the use of each registered pesticide that contains a particular pesticide chemical and that is labeled for use on a particular food, due in whole or in part to dietary risks to humans posed by residues of the pesticide chemical in or on the food, the Administrator shall suspend any tolerance or exemption under this section or section 409 that allows the presence of the pesticide chemical, or any pesticide chemical residue that results from its use, in or on the food. `(B) The suspension of a tolerance or exemption under subparagraph (A) shall be effective as long as each associated registration of a pesticide is suspended under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). `(C) While a suspension of a tolerance or exemption is in effect the tolerance or exemption shall not be considered to be in effect. If the suspension of the associated registration of the pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) is terminated, leaving the registration of the pesticide for the use in effect under such Act, the Administrator shall rescind any associated suspension of a tolerance or exemption. `(D) The effective date of a suspension described in subparagraph (A) shall be 120 days after the date on which the registration that is the subject of an order of suspension or an order of emergency suspension initially applies to the pesticide chemical. `(E) The effective date of a suspension may be delayed in accordance with subparagraphs (C), (D), (E) and (F) of paragraph (1). `(3)(A) In connection with action taken under paragraph (1)(A) or (2)(A) or taken with respect to pesticides whose registrations were canceled prior to the effective date of this section, if the Administrator determines that a residue of the canceled or suspended pesticide chemical will unavoidably persist in the environment and be present in or on a food, the Administrator may establish a tolerance for the pesticide chemical residue at a level that permits the unavoidable residue to remain in or on the food and will protect the public health. In establishing such a tolerance, the Administrator shall use the procedures set forth in subsection (e). `(B) Not later than 1 year after the date on which action is taken under paragraph (1)(A) or (2)(A), and not less than annually thereafter until the date on which the revocation or suspension of the tolerance becomes effective, the Administrator shall reduce the tolerance for the pesticide chemical residue under this section or section 409, if any decrease in residual environmental contamination by the pesticide chemical, or residues of the pesticide chemical in or on lawfully treated food has occurred, based on information reasonably available to the Administrator. `(4) Review of a final order under this paragraph shall be in accordance with subsection (i). `(q)(1) The Administrator shall not establish a tolerance for a pesticide chemical residue, or allow such a tolerance to remain in effect, under this section or section 409 unless the Administrator determines, after consultation with the Secretary, that-- `(A) there is a method for detecting and measuring the levels of such pesticide chemical residue in or on a food that will detect the residue at the level established by the tolerance; and `(B) such method is the best available, practical method. `(2) A method shall be considered practical for purposes of paragraph (1)(B) if-- `(A) the method can be performed by the Secretary on a routine basis as part of surveillance and compliance sampling of foods for pesticide chemical residues with the personnel, equipment, and other resources available to the Secretary; and `(B)(i) the method is a multi-residue method; or `(ii) no multi-residue method is available. TITLE IV--PESTICIDE INFORMATION SEC. 401. DISCLOSING OF PESTICIDES IN IMPORT DOCUMENTS. (a) Raw agricultural commodities- (1) IN GENERAL- Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended-- (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following new subsection: `(e)(1)(A) No raw agricultural commodity may be admitted into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedules of the United States) unless the importer of the specified agricultural commodity files with the Secretary and the Secretary of the Treasury, in accordance with subparagraph (B), an import document that identifies each pesticide chemical known to be or customarily used on, or in connection with the production of, the raw agricultural commodity by any agricultural producer or group of agricultural producers of the raw agricultural commodity. `(B) On or before the date on which the raw agricultural commodity is imported, the importer described in subparagraph (A) shall file with the Secretary and the Secretary of the Treasury the import document described in subparagraph (A). `(2)(A) Except as provided in subparagraph (C), if the Secretary determines that a sample of the raw agricultural commodity submitted as the food sample described in subsection (a) contains a pesticide chemical that was not reported in the import document described in paragraph (1) (hereafter in this subsection referred to as the `unreported pesticide chemical'), the Secretary shall, except as provided in subparagraph (B), require that the importer file with any import document for any subsequent shipment of the raw agricultural commodity listed in the import document for the shipment associated with the sample-- `(i) the results of an analysis designed to detect levels of residues of the unreported pesticide chemical; and `(ii) the results of an analysis designed to detect the levels of all residues of other pesticide chemicals used on, or in connection with the production of, the raw agricultural commodity, as determined by the Secretary. `(B) The Secretary may waive the requirements of clauses (i) and (ii) of subparagraph (A) after the importer has demonstrated a clear pattern of consistent compliance under subparagraph (A), as determined in regulations prescribed by the Secretary. The regulations shall require that the Secretary take into account whether the failure of the importer to include an unreported pesticide chemical in an import document described in paragraph (1) is the first such failure by the importer. `(C) Subparagraph (A) shall not apply if the importer described in subparagraph (A) demonstrates to the satisfaction of the Secretary that-- `(i) the unreported pesticide chemical in or on the raw agricultural commodity is attributable to the long-term environmental persistence of the pesticide; and `(ii) the level of the residue of the pesticide chemicals in or on the raw agricultural commodity does not pose a risk to human health. `(3) To the extent allowable by law, the Secretary shall, on request by the appropriate official of a State agency or department responsible for the monitoring of raw agricultural commodities for residues of pesticide chemicals in or on the commodities, provide to the official any information obtained by the Secretary in the administration of this subsection.'. (2) CONFORMING AMENDMENTS- (A) Section 304(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(d)(1)) is amended by striking `801(d)' each place the term appears and inserting `801(f)'. (B) Section 802 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382) is amended-- (i) in subsection (b)(1)(G), by striking `801(d)' and inserting `801(f)'; and (ii) in subsection (f)(1)(E), by striking `801(d)' and inserting `801(f)'. (b) MEAT- Section 20 of the Federal Meat Inspection Act (21 U.S.C. 620) is amended by adding at the end the following new subsection: `(i)(1)(A) No meat may be admitted into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States) unless the importer of the meat files with the Secretary and the Secretary of the Treasury, in accordance with subparagraph (B), an import document that identifies each pesticide chemical known to be or customarily used on, or in connection with the production of, the meat by any agricultural producer or group of agricultural producers of the meat. `(B) On or before the date on which the product is imported, the importer described in subparagraph (A) shall file with the Secretary and the Secretary of the Treasury the import document described in subparagraph (A). `(2)(A) Except as provided in subparagraph (C), if the Secretary determines that a sample of the meat submitted under subsection (f) contains a pesticide chemical that was not reported in the import document described in paragraph (1) (hereafter in this paragraph referred to as the `unreported pesticide chemical'), the Secretary shall, except as provided in subparagraph (B), require that the importer file with any import document for any subsequent shipment of the product listed in the import document for the shipment associated with the sample-- `(i) the results of an analysis designed to detect levels of residues of the unreported pesticide chemical; and `(ii) the results of an analysis designed to detect the levels of all residues of other pesticide chemicals used on, or in connection with the production of, the meat, as determined by the Secretary. `(B) The Secretary may waive the requirements of clauses (i) and (ii) of subparagraph (A) after the importer has demonstrated a clear pattern of consistent compliance under subparagraph (A), as determined in regulations prescribed by the Secretary. The regulations shall require that the Secretary take into account whether the failure of the importer to include an unreported pesticide chemical in an import document described in paragraph (1) is the first such failure by the importer. `(C) Subparagraph (A) shall not apply if the importer described in subparagraph (A) demonstrates to the satisfaction of the Secretary that-- `(i) the unreported pesticide chemical in or on the meat is attributable to the long-term environmental persistence of the pesticide; and `(ii) the level of the residue of the pesticide chemicals in or on the meat does not pose a risk to human health. `(3) To the extent allowable by law, the Secretary shall, on request by the appropriate official of a State agency or department responsible for the monitoring of food for residues of pesticide chemicals in or on the food, provide to the official any information obtained by the Secretary in the administration of this subsection.'. (c) POULTRY- Section 17 of the Poultry Products Inspection Act (21 U.S.C. 466) is amended by adding at the end the following new subsection: `(e)(1)(A) No imported poultry described in subsection (d) may be admitted into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States) unless the importer of the poultry files with the Secretary and the Secretary of the Treasury, in accordance with subparagraph (B), an import document that identifies each pesticide chemical known to be or customarily used on, or in connection with the production of, the poultry by any agricultural producer or group of agricultural producers of the poultry. `(B) On or before the date on which the poultry is imported, the importer described in subparagraph (A) shall file with the Secretary and the Secretary of the Treasury the import document described in subparagraph (A). `(2)(A) Except as provided in subparagraph (C), if the Secretary determines that a sample of the poultry submitted under subsection (d) contains a pesticide chemical that was not reported in the import document described in paragraph (1) (hereafter in this paragraph referred to as the `unreported pesticide chemical'), the Secretary shall, except as provided in subparagraph (B), require that the importer file with any import document for any subsequent shipment of the poultry listed in the import document for the shipment associated with the sample-- `(i) the results of an analysis designed to detect levels of residues of the unreported pesticide chemical; and `(ii) the results of an analysis designed to detect the levels of all residues of other pesticide chemicals used on, or in connection with the production of, the poultry, as determined by the Secretary. `(B) The Secretary may waive the requirements of clauses (i) and (ii) of subparagraph (A) after the importer has demonstrated a clear pattern of consistent compliance under subparagraph (A), as determined in regulations prescribed by the Secretary. The regulations shall require that the Secretary take into account whether the failure of the importer to include an unreported pesticide chemical in an import document described in paragraph (1) is the first such failure by the importer. `(C) Subparagraph (A) shall not apply if the importer described in subparagraph (A) demonstrates to the satisfaction of the Secretary that-- `(i) the unreported pesticide chemical in or on the poultry is attributable to the long-term environmental persistence of the pesticide; and `(ii) the level of the residue of the pesticide chemicals in or on the poultry does not pose a risk to human health. `(3) To the extent allowable by law, the Secretary shall, on request by the appropriate official of a State agency or department responsible for the monitoring of food for residues of pesticide chemicals in or on the food, provide to the official any information obtained by the Secretary in the administration of this subsection.'. (d) EGGS- Section 17 of the Egg Products Inspection Act (21 U.S.C. 1046) is amended by adding at the end the following new subsection: `(e)(1)(A) No imported egg or egg product described in subsection (a) may be admitted into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States) unless the importer of the egg or egg product files with the Secretary and the Secretary of the Treasury, in accordance with subparagraph (B), an import document that identifies each pesticide chemical known to be or customarily used on, or in connection with the production of, the egg or egg product by any agricultural producer or group of agricultural producers of the egg or egg product. `(B) On or before the date on which the egg or egg product is imported, the importer described in subparagraph (A) shall file with the Secretary and the Secretary of the Treasury the import document described in subparagraph (A). `(2)(A) Except as provided in subparagraph (C), if the Secretary determines that a sample of the egg or egg product submitted under subsection (a) contains a pesticide chemical that was not reported in the import document described in paragraph (1) (hereafter in this paragraph referred to as the `unreported pesticide chemical'), the Secretary shall, except as provided in subparagraph (B), require that the importer file with any import document for any subsequent shipment of the egg or egg product listed in the import document for the shipment associated with the sample-- `(i) the results of an analysis designed to detect levels of residues of the unreported pesticide chemical; and `(ii) the results of an analysis designed to detect the levels of all residues of other pesticide chemicals used on, or in connection with the production of, the egg or egg product, as determined by the Secretary. `(B) The Secretary may waive the requirements of clauses (i) and (ii) of subparagraph (A) after the importer has demonstrated a clear pattern of consistent compliance under subparagraph (A), as determined in regulations prescribed by the Secretary. The regulations shall require that the Secretary take into account whether the failure of the importer to include an unreported pesticide chemical in an import document described in paragraph (1) is the first such failure by the importer. `(C) Subparagraph (A) shall not apply if the importer described in subparagraph (A) demonstrates to the satisfaction of the Secretary that-- `(i) the unreported pesticide chemical in or on the egg or egg product is attributable to the long-term environmental persistence of the pesticide; and `(ii) the level of the residue of the pesticide chemicals in or on the egg or egg product do not pose a risk to human health. `(3) To the extent allowable by law, the Secretary shall, on request by the appropriate official of a State agency or department responsible for the monitoring of food for residues of pesticide chemicals in or on the food, provide to the official any information obtained by the Secretary in the administration of this subsection.'. SEC. 402. ANNUAL REPORTS BY AGRICULTURAL ATTACHES. Section 108 of the Agricultural Act of 1954 (7 U.S.C. 1748) (as added by section 1532 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624)) is amended-- (1) in subsection (a)(1)-- (A) by striking `and' at the end of subparagraph (B); (B) by adding after subparagraph (C) the following new subparagraph: `(D) the customary use of the pesticides in the production of agricultural commodities in such countries, except that-- `(i) a priority shall be placed on gathering information on agricultural commodities that the country exports to the United States; and `(ii) to the extent practicable, gather information on agricultural commodities that the country may export to the United States via a third country; and'; and (2) in subsection (b)-- (A) by striking `and' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting `; and'; and (C) by adding at the end thereof the following new paragraph: `(5) annually provide the information in reports prepared under subsection (a)(1)(D) to the Secretary of Health and Human Services and the Secretary of the Treasury.'. TITLE V--EFFECTIVE DATES SEC. 501. EFFECTIVE DATES. (a) IN GENERAL- Except as otherwise provided in this section, this Act and the amendments made by this Act shall become effective on the date of enactment of this Act. (b) IMPORTS AND EXPORTS- The amendments made by section 105 shall become effective 180 days after the date of enactment of this Act. (c) PESTICIDE RESIDUE MONITORING- The amendment made by title II shall become effective 1 year after the date of enactment of this Act.
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the House Committee on Foreign Affairs.
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Department Operations, Research, and Foreign Agriculture.
Referred to the Subcommittee on International Economic Policy and Trade.
Referred to the Subcommittee on Health and the Environment.
Executive Comment Received from Justice.
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