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H.R. 4364 (99th): Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1986

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Mar 11, 1986.

Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1986 - Title I: Preregistration Access to Data - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to direct the Administrator of the Environmental Protection Agency (EPA) to provide for public access to health, safety, and environmental data submitted in support of an initial application for the registration of a new active ingredient or initial application for the registration of a new active ingredient or initial food use of a previously registered active ingredient. Makes such information available in EPA offices or authorized State agencies upon submission of an affirmation that the reviewer is not employed by a pesticide company and will not violate specified confidentiality provisions. Provides criminal penalties for the wrongful disclosure of such data. Title II: Conditional Registration - Prohibits EPA from granting conditional registration for a new use or active ingredient where the data concerning chronic toxicity, neurotoxicity, or teratogenicity are required for registration for a nonminor use, and such data requirement was in effect at the time the data studies were begun. Provides that such conditional registrations shall not cause any unreasonable adverse effect on the environment and shall be in the public interest. Requires registrants to provide all additional registration data within a reasonable time. Title III: Registration and Revenues - Establishes a pesticide reregistration schedule. Requires EPA to develop within: (1) 60 days a priority list of 300 pesticide active ingredients that have not been reregistered since September 30, 1978; and (2) 90 days a list of remaining chemicals that have not been reregistered since such date. Directs that highest priority be given to pesticides that: (1) are in major food or feed use and may result in postharvest residues; (2) may result in toxic residues in potable groundwater, fish, or shellfish; (3) have significant outstanding data requirements; or (4) are used in crops with high worker exposure. Requires EPA data evaluations of such lists within 18 months, and 24 months, respectively. Grants registrants up to four years (plus a possible discretionary two-year extension) to complete any outstanding data requirements. Requires suspension of registration for failure to meet such deadlines. Requires EPA to complete registration within one year of receiving such data. Provides with regard to such reregistration for a one-time fee of $50,000 to identify outstanding data requirements, and a one-time fee of $100,000 to evaluate and reregister the pesticide. Authorizes reduced fees for nonfood or nonfeed uses. Provides for apportioned fees in the case of multiple registrants. Establishes a related revolving fund in the Treasury for such funds. Title IV: Inert Ingredients - Directs EPA to establish a priority list of between 50 and 75 inert ingredients based on health or environmental dangers. States that such list shall not be subject to judicial review. Sets forth the conditions for removal from such list based on administrative review or additional data. Requires EPA to develop and publish within one year a toxicity study plan for each such listed ingredient. Grants registrants up to four years (plus a possible discretionary two-year extension) to complete any required studies. Requires EPA to complete any required action within one year on receiving such data. Provides for the substitution of listed inert ingredients with other inert ingredients not posing similar health or environmental dangers. Requires pesticides containing listed inert ingredients to list them on the label. States that a pesticide whose ingredient statement does not satisfy the requirements of such Act (as amended by this Act) with respect to a listed ingredient shall not be misbranded until 120 days after the publication of the data plan or the date on which EPA approves a label change, whichever occurs later. Requires registrants of pesticides containing listed inert ingredients to make necessary formula statement changes. Title V: Public Right to Know - Requires registrants to develop and submit to EPA within 120 days a summary of health, safety, and environmental data (including U.S. production plants) supporting their registered active ingredients and/or priority inert ingredients. Requires such summaries to be: (1) maintained and kept current by the registrant; and (2) made available to the public. Title VI: Data Disclosure to States - Authorizes EPA to disclose to States any information acquired under such Act, if the State and EPA assure that the owner of such information will receive no less disclosure and use protection by the State than is provided under such Act. Provides remedies for improper disclosre. Title VII: Cancellation Procedures - Bases interim administrative review criteria on levels of risk, which may include consideration of currently available exposure data. States that absence of exposure data shall not delay or preclude initiation of an interm administrative review. Prohibits the Administrator from declining to initiate an interim administrative review solely on the basis of exposure unless adequate data on all relevant means of exposure have been considered. Prescribes notice, period of comment, and related procedures for the initiation of an interim administrative review. Permits the Administrator to require changes to the labeling of a pesticide by informal rulemaking unless the changes are equivalent to a cancellation of a use, render the product unmarketable, or otherwise have a major economic impact on the product, in which case the changes shall be subject to the hearings procedures prescribed for cancellation and change in classification. Revises from 90 days after a cancellation or suspension hearing to 12 months after issuance of the notice that gave rise to such hearing the period during which the Administrator must evaluate data and reports and issue an appropriate order. Prescribes the procedure for requesting and conducting a hearing following an interim administrative review of a pesticide. Entitles any person to seek judicial review of the failure of the Administrator to make a decision about cancellation or suspension within specified time limits. Title VIII: False or Invalid Data - Directs the Administrator to issue immediately a notice of intent to suspend or cancel the registration of a pesticide if: (1) before the effective date of this Act it has been determined in the Industrial Biotest validation process that data submitted in support of such registration were invalid and have not been replaced; or (2) a registrant willfully submits material data known to be false in support of a pesticide registration. Sets forth the scope of review and other requirements for a hearing requested by any person adversely affected by a notice to suspend or cancel. Makes it unlawful to willfully falsify all or part of any data submitted under FIFRA, or to willfully submit such false data knowing it to be false. Title IX: Inspection of Laboratories - Authorizes a duly designated EPA officer or employee to enter at reasonable times and inspect relevant parts and records of any laboratory to verify the accuracy of data submitted in support of an experimental use permit or registration. Directs the Administrator to avoid duplication of inspections by coordinating actions under this title with actions taken under other Federal laws. Title X: Export of Pesticides - Requires registrants exporting pesticide products to inform foreign importers and the appropriate government regulatory office in the importing country concerning pesticide products whose registrations are cancelled, suspended, restricted, are not registered for any U.S. use, or have been voluntarily withdrawn with concern for potential adverse public health or environmental effects. Requires the Administrator to provide similar notices to foreign governments and appropriate international agencies. Requires labeling on exported pesticides that contains the same health, safety, and hazard precautions as on U.S. labels if such exports are substantially similar in composition and use to pesticides registered in the United States. Exempts exports from such requirements only if the precautions on the label conflict with the importing country's law. Directs the Administrator to participate actively in international efforts to develop improved pesticide research and regulatory programs, and to provide foreign countries with technical assistance to develop such programs. Requires the Administrator, within one year of the effective date of this Act and every three years thereafter, to conduct and publish a survey of all countries importing U.S. pesticides or exporting agricultural commodities to the United States in order to ascertain pesticide registration procedures in such countries and to control residues on foods to meet U.S. tolerances. Requires an annual report to the Congress on such activities. Requires the Administrator to revoke or amend the corresponding tolerance or exemption from tolerance of any pesticide whose registration is canceled, suspended, denied, or voluntarily withdrawn (unless such action was due solely to environmental effects). Title XI: Authorization for Appropriations - Authorizes appropriations for FY 1987 through 1990. Title XII: Employee Protection - Prohibits employers from taking any adverse action against employees who initiate or participate in proceedings under FIFRA. Title XIII: Technical Amendments - Makes technical amendments to FIFRA. Title XIV: Effective Date - Sets forth the effective date of this Act.