FOOD QUALITY PROTECTION ACT
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Food Quality Protection Act of 1996'.
TITLE I -- SUSPENSION-APPLICATORS
SEC. 101. REFERENCE.
Whenever in this title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the Federal Insecticide,
Fungicide, and Rodenticide Act.
SUBTITLE A--SUSPENSION
SEC. 102. SUSPENSION.
The second sentence of section 6(c)(1) (7 U.S.C. 136d(c)(1)) is amended to
read: 'Except as provided in paragraph (3), no order of suspension may be issued
under this subsection unless the Administrator has issued, or at the same time
issues, a notice of intention to cancel the registration or change the classification
of the pesticide under subsection (b).'
Section 6(c)(3) (7 U.S.C. 136d(c)(3)) is amended--
- (1) by inserting after the first sentence the following new sentence: 'The
Administrator may issue an emergency order under this paragraph before issuing
a notice of intention to cancel the registration or change the classification
of the pesticide under subsection (b) and the Administrator shall proceed
to issue the notice under subsection (b) within 90 days of issuing an emergency
order. If the Administrator does not issue a notice under subsection (b)
within 90 days of issuing an emergency order, the emergency order shall expire.';
and
- (2) by striking 'In that case' and inserting 'In the case of an emergency
order'.
SEC. 103. TOLERANCE REEVALUATION AS PART OF REREGISTRATION.
Section 4(g)(2) (7 U.S.C. 136a-1(g)(2)) is amended by adding at the end the
following:
- (E) As soon as the Administrator has sufficient information with respect
to the dietary risk of a particular active ingredient, but in any event no
later than the time the Administrator makes a determination under subparagraph
(C) or (D) with respect to pesticides containing a particular active ingredient,
the Administrator shall--
- (i) reassess each associated tolerance and exemption from the requirement
for a tolerance issued under section 408 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 346a);
- (ii) determine whether such tolerance or exemption meets the requirements
of that Act;
- (iii) determine whether additional tolerances or exemptions should
be issued;
- (iv) publish in the Federal Register a notice setting forth the determinations
made under this subparagraph; and
- (v) commence promptly such proceedings under this Act and section
408 of the Federal Food, Drug, and Cosmetic Act as are warranted by
such determinations.
SEC. 104. SCIENTIFIC ADVISORY PANEL.
Section 25(d) (7 U.S.C. 136w(d)) is amended--
- (1) in the first sentence, by striking 'The Administrator shall' and inserting:
- (1) IN GENERAL- The Administrator shall'; and
- (2) by adding at the end the following:
- (2) SCIENCE REVIEW BOARD- There is established a Science Review Board
to consist of 60 scientists who shall be available to the Scientific
Advisory Panel to assist in reviews conducted by the Panel. Members
of the Board shall be selected in the same manner as members of temporary
subpanels created under paragraph (1). Members of the Board shall be
compensated in the same manner as members of the Panel.
SEC. 105. NITROGEN STABILIZER.
Section 2 (7 U.S.C. 136) is amended--
- (1) in subsection (a)--
- (A) in paragraph (1) by striking 'or' after 'defoliant,' and inserting
', or nitrogen stabilizer' after 'desiccant';
- (B) at the end of paragraph (3) by striking 'and';
- (C) at the end of paragraph (4) by striking the period and inserting
'; and'; and
- (D) at the end by adding the following: '(5) in the case of a nitrogen
stabilizer, an ingredient which will prevent or hinder the process
of nitrification, denitrification, ammonia volatilization, or urease
production through action affecting soil bacteria.';
- (2) in subsection (u), by striking 'and' before '(2)' and by inserting
'and (3) any nitrogen stabilizer,' after 'desiccant,'; and
- (3) at the end by adding the following:
(hh) NITROGEN STABILIZER- The term 'nitrogen stabilizer' means any
substance or mixture of substances intended for preventing or hindering the
process of nitrification, denitrification, ammonia volatilization, or urease
production through action upon soil bacteria. Such term shall not include--
- (1) dicyandiamide;
- (2) ammonium thiosulfate; or
- (3) any substance or mixture of substances -
- (A) that was not registered pursuant to section 3 prior to January
1, 1992; and
- (B) that was in commercial agronomic use prior to January 1, 1992,
with respect to which after January 1, 1992, the distributor or seller
of the substance or mixture has made no specific claim of prevention
or hindering of the process of nitrification, denitrification, ammonia
volatilization urease production regardless of the actual use or purpose
for, or future use or purpose for, the substance or mixture.
Statements made in materials required to be submitted to any State legislative
or regulatory authority, or required by such authority to be included in the
labeling or other literature accompanying any such substance or mixture shall
not be deemed a specific claim within the meaning of this subsection.
Section 3(f) (7 U.S.C. 136a(f)) is amended by adding at the end the following:
- (4) MIXTURES OF NITROGEN STABILIZERS AND FERTILIZER PRODUCTS-
Any mixture or other combination of--
- (A) 1 or more nitrogen stabilizers registered under this Act; and
- (B) 1 or more fertilizer products, shall not be subject to the provisions
of this section or sections 4, 5, 7, 15, and 17(a)(2) if the mixture or other
combination is accompanied by the labeling required under this Act for the
nitrogen stabilizer contained in the mixture or other combination, the mixture
or combination is mixed or combined in accordance with such labeling, and
the mixture or combination does not contain any active ingredient other than
the nitrogen stabilizer.
SEC. 107. PERIODIC REGISTRATION REVIEW.
Section 6 (7 U.S.C. 136d) is amended--
- (1) in subsection (a), by striking the heading and inserting the following:
(a) EXISTING STOCKS AND INFORMATION- ; and
- (2) by amending paragraph (1) of subsection (a) to read as follows:
(1) EXISTING STOCKS- The Administrator may permit the continued sale and use
of existing stocks of a pesticide whose registration is suspended or canceled
under this section, or section 3 or 4, to such extent, under such conditions,
and for such uses as the Administrator determines that such sale or use is
not inconsistent with the purposes of this Act.
Section 3 (7 U.S.C. 136a) is amended by adding at the end the following:
- (g) REGISTRATION REVIEW-
- (1)(A) GENERAL RULE- The registrations of pesticides are to be periodically
reviewed. The Administrator shall by regulation establish a procedure
for accomplishing the periodic review of registrations. The goal of
these regulations shall be a review of a pesticide's registration every
15 years. No registration shall be canceled as a result of the registration
review process unless the Administrator follows the procedures and
substantive requirements of section 6.
- (B) LIMITATION- Nothing in this subsection shall prohibit the Administrator
from undertaking any other review of a pesticide pursuant to this Act.
- (2)(A) DATA- The Administrator shall use the authority in subsection
(c)(2)(B) to require the submission of data when such data are necessary
for a registration review.
- (B) DATA SUBMISSION, COMPENSATION, AND EXEMPTION- For purposes of
this subsection, the provisions of subsections (c)(1), (c)(2)(B), and
(c)(2)(D) shall be utilized for and be applicable to any data required
for registration review
SUBTITLE B--TRAINING FOR MAINTENANCE APPLICATORS AND SERVICE TECHNICIANS
SEC. 120. MAINTENANCE APPLICATORS AND SERVICE TECHNICIANS DEFINITIONS.
Section 2 (7 U.S.C. 136), as amended by section 106, is amended by adding
at the end the following:
- (jj) MAINTENANCE APPLICATOR
The term 'maintenance applicator' means any individual who, in the principal
course of such individual's employment, uses, or supervises the use of, a pesticide
not classified for restricted use (other than a ready to use consumer products
pesticide); for the purpose of providing structural pest control or lawn pest
control including janitors, general maintenance personnel, sanitation personnel,
and grounds maintenance personnel. The term 'maintenance applicator' does not
include private applicators as defined in section 2(e)(2); individuals who
use antimicrobial pesticides, sanitizers or disinfectants; individuals employed
by Federal, State, and local governments or any political subdivisions thereof,
or individuals who use pesticides not classified for restricted use in or around
their homes, boats, sod farms, nurseries, greenhouses, or other noncommercial
property.
The term 'service technician' means any individual who uses or supervises
the use of pesticides (other than a ready to use consumer products pesticide)
for the purpose of providing structural pest control or lawn pest control on
the property of another for a fee. The term 'service technician' does not include
individuals who use antimicrobial pesticides, sanitizers or disinfectants;
or who otherwise apply ready to use consumer products pesticides.
SEC. 121. MINIMUM REQUIREMENTS FOR TRAINING OF MAINTENANCE APPLICATORS
AND SERVICE TECHNICIANS.
The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.)
is amended--
- (1) by redesignating sections 30 and 31 as sections 33 and 34, respectively;
and
- (2) by adding after section 29 the following:
- SEC. 30. MINIMUM REQUIREMENTS FOR TRAINING OF MAINTENANCE APPLICATORS
AND SERVICE TECHNICIANS.
Each State may establish minimum requirements for training of maintenance
applicators and service technicians. Such training may include instruction
in the safe and effective handling and use of pesticides in accordance with
the Environmental Protection Agency approved labeling, and instruction in integrated
pest management techniques. The authority of the Administrator with respect
to minimum requirements for training of maintenance applicators and service
technicians shall be limited to ensuring that each State understands the provisions
of this section.
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