S 519 ISCommentsClose CommentsPermalink

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to implement pesticide-related obligations of the United States under the international conventions or protocols known as the PIC Convention, the POPs Convention, and the LRTAP POPs Protocol.CommentsClose CommentsPermalink

March 3, 2009CommentsClose CommentsPermalink

Mr. HARKIN (for himself and Mr. CHAMBLISS) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryCommentsClose CommentsPermalink

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to implement pesticide-related obligations of the United States under the international conventions or protocols known as the PIC Convention, the POPs Convention, and the LRTAP POPs Protocol.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘POPs, LRTAP POPs, and PIC Implementation Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(pp) Conference- The term ‘Conference’ means the Conference of the Parties established by paragraph 1 of Article 19 of the POPs Convention.CommentsClose CommentsPermalink





‘(qq) Conference Listing Decision- The term ‘Conference listing decision’ means a decision by the Conference to approve an amendment to list a pesticide in Annex A or B to the POPs Convention.CommentsClose CommentsPermalink





‘(rr) Designated National Authority- The term ‘designated national authority’ means 1 or more authorities that a government has designated in a notification to the Secretariat of the PIC Convention in accordance with Article 4 of the PIC Convention.CommentsClose CommentsPermalink





‘(ss) Executive Body- The term ‘Executive Body’ means the Executive Body established by Article 10 of the LRTAP Convention.CommentsClose CommentsPermalink





‘(tt) Executive Body Decision 1998/2- The term ‘Executive Body Decision 1998/2’ means the decision of the Executive Body titled ‘Executive Body Decision 1998/2 on Information to Be Submitted and the Procedure for Adding Substances to Annexes I, II, or III to the Protocol on Persistent Organic Pollutants’ and any other Executive Body decision done pursuant to Article 14 of the LRTAP POPs Protocol.CommentsClose CommentsPermalink





‘(uu) LRTAP Convention- The term ‘LRTAP Convention’ means the Convention on Long-Range Transboundary Air Pollution, done at Geneva on November 13, 1979 (TIAS 10541), and any subsequent amendments to which the United States is a party.CommentsClose CommentsPermalink





‘(vv) LRTAP POPs Pesticide- The term ‘LRTAP POPs pesticide’ means--CommentsClose CommentsPermalink





‘(1) aldrin;CommentsClose CommentsPermalink





‘(2) chlordane;CommentsClose CommentsPermalink





‘(3) chlordecone;CommentsClose CommentsPermalink





‘(4) dichlorodiphenyltrichloroethane (DDT);CommentsClose CommentsPermalink





‘(5) dieldrin;CommentsClose CommentsPermalink





‘(6) endrin;CommentsClose CommentsPermalink





‘(7) hexachlorocyclohexane (HCH);CommentsClose CommentsPermalink





‘(8) heptachlor;CommentsClose CommentsPermalink





‘(9) hexachlorobenzene;CommentsClose CommentsPermalink





‘(10) hexabromobiphenyl;CommentsClose CommentsPermalink





‘(11) mirex;CommentsClose CommentsPermalink





‘(12) polychlorinated biphenyls (PCBs);CommentsClose CommentsPermalink





‘(13) toxaphene; andCommentsClose CommentsPermalink





‘(14) any other pesticide--CommentsClose CommentsPermalink





‘(A) that is listed on Annex I or II of the LRTAP POPs Protocol;CommentsClose CommentsPermalink





‘(B) that has no existing United States registrations that would prevent the United States from complying with its obligations under the LRTAP POPs Protocol if the United States were to become a party to the LRTAP POPs Protocol for that pesticide; andCommentsClose CommentsPermalink





‘(C) for which an amendment listing the pesticide on Annex I or II of the LRTAP POPs Protocol has entered into force for the United States.CommentsClose CommentsPermalink





‘(ww) LRTAP POPs Protocol- The term ‘LRTAP POPs Protocol’ means the Protocol on Persistent Organic Pollutants to the LRTAP Convention, done at Aarhus on June 24, 1998, and any subsequent amendment to which the United States is a party.CommentsClose CommentsPermalink





‘(xx) PIC Convention- The term ‘PIC Convention’ means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on September 10, 1998, and any subsequent amendment to which the United States is a party.CommentsClose CommentsPermalink





‘(yy) POPs Convention- The term ‘POPs Convention’ means the Stockholm Convention on Persistent Organic Pollutants, done at Stockholm on May 22, 2001, and any subsequent amendment to which the United States is a party.CommentsClose CommentsPermalink





‘(zz) POPs Pesticide- The term ‘POPs pesticide’ means--CommentsClose CommentsPermalink





‘(1) aldrin;CommentsClose CommentsPermalink





‘(2) chlordane;CommentsClose CommentsPermalink





‘(3) dichlorodiphenyltrichloroethane (DDT);CommentsClose CommentsPermalink





‘(4) dieldrin;CommentsClose CommentsPermalink





‘(5) endrin;CommentsClose CommentsPermalink





‘(6) heptachlor;CommentsClose CommentsPermalink





‘(7) hexachlorobenzene;CommentsClose CommentsPermalink





‘(8) mirex;CommentsClose CommentsPermalink





‘(9) polychlorinated biphenyls (PCBs);CommentsClose CommentsPermalink





‘(10) toxaphene; andCommentsClose CommentsPermalink





‘(11) any other pesticide--CommentsClose CommentsPermalink





‘(A) that is listed on Annex A or B of the POPs Convention;CommentsClose CommentsPermalink





‘(B) that has no existing United States registrations that would prevent the United States from complying with its obligations under the POPs Convention if the United States were to become a party to the POPs Convention for that pesticide; andCommentsClose CommentsPermalink





‘(C) for which an amendment listing the pesticide on Annex A or B of the POPs Convention has entered into force for the United States.CommentsClose CommentsPermalink





‘(aaa) POPs Review Committee- The term ‘POPs Review Committee’ means the Persistent Organic Pollutants Review Committee established under paragraph 6 of Article 19 of the POPs Convention.’.CommentsClose CommentsPermalink

SEC. 3. POPS CONVENTION, LRTAP POPS PROTOCOL, AND PIC CONVENTION.

Section 17 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o) is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘imports and exports.’ and inserting ‘imports, exports, and international conventions.’;CommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘this Act--’ and inserting ‘this Act, if--’;CommentsClose CommentsPermalink





(B) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘when’ and inserting ‘the pesticide or device or active ingredient used in producing a pesticide is’; andCommentsClose CommentsPermalink





(ii) by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink





(C) by striking paragraph (2) and all that follows and inserting the following:CommentsClose CommentsPermalink





‘(2) in the case of any pesticide other than a pesticide registered under section 3 or sold under section 6(a)(1), the foreign purchaser has, prior to export, signed a statement acknowledging that the purchaser understands that the pesticide is not registered for use in the United States and cannot be sold in the United States under this Act; andCommentsClose CommentsPermalink





‘(3) the export is in compliance with all of the applicable provisions of this section.CommentsClose CommentsPermalink





A copy of the statement under paragraph (2) shall be transmitted to an appropriate official of the government of the importing country.’;CommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) by redesignating the first through fourth sentences as paragraphs (1) through (4), respectively; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) PROHIBITED IMPORTS- Nothing in this subsection permits the importation of any POPs pesticide or LRTAP POPs pesticide that otherwise is prohibited under subsection (e).’;CommentsClose CommentsPermalink





(4) in the subsection heading of subsection (d), by inserting ‘generally’ after ‘efforts’; andCommentsClose CommentsPermalink





(5) by striking subsection (e) and inserting the following:CommentsClose CommentsPermalink





‘(e) Pops Convention, Lrtap Pops Protocol, and Pic Convention-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Administrator shall, in cooperation with the Department of State and any other appropriate Federal agency, participate in technical cooperation and capacity building activities designed to support implementation of the POPs Convention, the LRTAP POPs Protocol, and the PIC Convention.CommentsClose CommentsPermalink





‘(2) PROHIBITIONS- No person may sell, distribute, use, produce, or dispose of a POPs pesticide or LRTAP POPs pesticide in a manner inconsistent with obligations of the United States under the POPs Convention or LRTAP POPs Protocol.CommentsClose CommentsPermalink





‘(3) NOTICE AND REPORT AFTER DECISION THAT SCREENING CRITERIA ARE MET UNDER POPS CONVENTION OR AFTER RISK PROFILE SUBMITTED UNDER LRTAP POPS PROTOCOL-CommentsClose CommentsPermalink





‘(A) APPLICABILITY- This paragraph applies if--CommentsClose CommentsPermalink





‘(i) the POPs Review Committee or Conference decides--CommentsClose CommentsPermalink





‘(I) under paragraph 4(a) of Article 8 of the POPs Convention, that a proposal for listing a pesticide in Annex A, B, or C to the POPs Convention fulfills the screening criteria specified in Annex D to the POPs Convention; orCommentsClose CommentsPermalink





‘(II) under paragraph 5 of Article 8 of the POPs Convention, that such a proposal shall proceed; orCommentsClose CommentsPermalink





‘(ii) a party to the LRTAP POPs Protocol submits to the Executive Body a risk profile in support of a proposal to list a pesticide in Annex I, II, or III to the LRTAP POPs Protocol.CommentsClose CommentsPermalink





‘(B) NOTICE- Not later than 45 days after the date of the POPs Review Committee or Conference decision on a proposal or the submission of a risk profile in support of a proposal under the LRTAP POPs Protocol described in clause (i) or (ii) of subparagraph (A), respectively, the Administrator shall--CommentsClose CommentsPermalink





‘(i) publish in the Federal Register a notice of the proposal; andCommentsClose CommentsPermalink





‘(ii) provide opportunity for comment on the proposal.CommentsClose CommentsPermalink





‘(C) REQUIRED ELEMENTS OF NOTICE- A notice under subparagraph (B) shall--CommentsClose CommentsPermalink





‘(i) identify the pesticide that is the subject of the proposal;CommentsClose CommentsPermalink





‘(ii) include a summary of the process under the POPs Convention or the LRTAP POPs Protocol for the submission of a proposal and listing of a pesticide that is the subject of a proposal (including criteria applied in that process);CommentsClose CommentsPermalink





‘(iii) include--CommentsClose CommentsPermalink





‘(I) a summary of the POPs Review Committee or Conference decision and the basis for the decision; orCommentsClose CommentsPermalink





‘(II) a summary of the risk profile that a party to the LRTAP POPs Protocol submitted to the Executive Body;CommentsClose CommentsPermalink





‘(iv) request information relevant to and comment on--CommentsClose CommentsPermalink





‘(I) in the case of a pesticide proposed for listing in an Annex to the POPs Convention, the information requirements and screening criteria elements covered under Annex D to the POPs Convention; orCommentsClose CommentsPermalink





‘(II) in the case of a pesticide proposed for listing in an Annex to the LRTAP POPs Protocol, the information referenced in paragraph 6(a) of Article 14 of the LRTAP POPs Protocol;CommentsClose CommentsPermalink





‘(v) request information described in subparagraph (D);CommentsClose CommentsPermalink





‘(vi) include any other information that the Administrator considers to be relevant to the proposal;CommentsClose CommentsPermalink





‘(vii) request information and comment on--CommentsClose CommentsPermalink





‘(I) information relevant to the risk profile of the POPs Review Committee covered under Annex E to the POPs Convention; andCommentsClose CommentsPermalink





‘(II) information relevant to any technical review conducted under paragraph 2 of Executive Body Decision 1998/2; andCommentsClose CommentsPermalink





‘(viii) include a statement that any information submitted may be part of the record of any cancellation proceeding related to the pesticide that the Administrator may undertake under section 6.CommentsClose CommentsPermalink





‘(D) PROVISION OF INFORMATION-CommentsClose CommentsPermalink





‘(i) PROVISION OF INFORMATION UNDER POPS CONVENTION- Not later than 60 days after the date of publication of the notice under subparagraph (B) regarding a proposal to list a pesticide on an Annex to the POPs Convention, or not later than a later date as determined by the Administrator, any interested person may provide to the Administrator information or comment on--CommentsClose CommentsPermalink





‘(I) the annual quantity of the pesticide manufactured and the 1 or more locations of the manufacture;CommentsClose CommentsPermalink





‘(II) the uses of the pesticide;CommentsClose CommentsPermalink





‘(III) the approximate annual quantity of the pesticide that is released into the environment; andCommentsClose CommentsPermalink





‘(IV) other information or monitoring data relating to the pesticide that is consistent with the information specified in paragraph 1 of Annex D, and subsections (b) through (e) of Annex E, to the POPs Convention.CommentsClose CommentsPermalink





‘(ii) PROVISION OF INFORMATION UNDER LRTAP POPS PROTOCOL- Not later than 60 days after the date of publication of the notice under subparagraph (B) regarding a proposal to list a pesticide on an Annex of the LRTAP POPs Protocol, or not later than a later date as determined by the Administrator, any interested person may provide to the Administrator information on--CommentsClose CommentsPermalink





‘(I) the potential for long-range transboundary atmospheric transport of the pesticide;CommentsClose CommentsPermalink





‘(II) the toxicity of the pesticide;CommentsClose CommentsPermalink





‘(III) the persistence of the pesticide, including biotic degradation process and rates of degradation products;CommentsClose CommentsPermalink





‘(IV) the bioaccumulation of the pesticide, including bioavailability;CommentsClose CommentsPermalink





‘(V) the annual quantity of the pesticide manufactured and the 1 or more locations of the manufacture;CommentsClose CommentsPermalink





‘(VI) the uses of the pesticide;CommentsClose CommentsPermalink





‘(VII) the approximate annual quantity of the pesticide released into the environment;CommentsClose CommentsPermalink





‘(VIII) environmental monitoring data relating to the pesticide (in areas distant from sources);CommentsClose CommentsPermalink





‘(IX) information on--CommentsClose CommentsPermalink

‘(aa) alternatives to the uses of the pesticide and the efficacy of each alternative; andCommentsClose CommentsPermalink

‘(bb) known adverse environmental or human health effects associated with each alternative;CommentsClose CommentsPermalink

‘(X) information on--CommentsClose CommentsPermalink

‘(aa) process changes, control technologies, operating practices, and other pollution prevention techniques that can be used to reduce the emissions of the pesticide; andCommentsClose CommentsPermalink

‘(bb) the applicability and effectiveness of each technique describe in item (aa); andCommentsClose CommentsPermalink

‘(XI) information on nonmonetary costs and benefits and the quantifiable costs and benefits associated with the use of each alternative described in subclause (IX) or technique described in subclause (X)(aa).CommentsClose CommentsPermalink





‘(E) REPORT BY THE ADMINISTRATOR- Not later than 240 days after the date of publication of a notice under subparagraph (B), based on information received under this paragraph and any other relevant information available to the Administrator, the Administrator, after consulting with the Secretary of Agriculture or, for public health pesticides, with the Secretary of Health and Human Services, shall issue for public comment and peer review a report that contains, at a minimum--CommentsClose CommentsPermalink





‘(i) information on the production and uses in the United States of the pesticide; andCommentsClose CommentsPermalink





‘(ii) a review of the benefits and risks in the United States and internationally associated with the production and uses in the United States and internationally of the pesticide.CommentsClose CommentsPermalink





‘(4) NOTICE AND REPORT AFTER DECISION THAT GLOBAL ACTION WARRANTED UNDER POPS CONVENTION OR THAT FURTHER CONSIDERATION OF PESTICIDES WARRANTED UNDER LRTAP POPS PROTOCOL-CommentsClose CommentsPermalink





‘(A) APPLICABILITY- This paragraph applies if--CommentsClose CommentsPermalink





‘(i) the POPs Review Committee decides, under paragraph 7(a) of Article 8 of the POPs Convention, that global action is warranted with respect to a pesticide that is the subject of a proposal, or the Conference decides, under paragraph 8 of that Article, that the proposal shall proceed; orCommentsClose CommentsPermalink





‘(ii) the Executive Body determines pursuant to paragraph 2 of Executive Body Decision 1998/2 that further consideration of a pesticide is warranted and therefore requires 1 or more technical reviews of a proposal.CommentsClose CommentsPermalink





‘(B) NOTICE- Not later than 45 days after the date of the decision or determination under subparagraph (A), the Administrator shall--CommentsClose CommentsPermalink





‘(i) publish in the Federal Register a notice of the decision or determination; andCommentsClose CommentsPermalink





‘(ii) provide an opportunity for comment on the decision or determination.CommentsClose CommentsPermalink





‘(C) REQUIRED ELEMENTS OF NOTICE- A notice under subparagraph (B) shall--CommentsClose CommentsPermalink





‘(i) identify the pesticide that is the subject of the proposal;CommentsClose CommentsPermalink





‘(ii) include a summary of--CommentsClose CommentsPermalink





‘(I) the POPs Review Committee or Conference decision and the basis for the decision; orCommentsClose CommentsPermalink





‘(II) the Executive Body determination and the basis for the determination;CommentsClose CommentsPermalink





‘(iii) request information and comment--CommentsClose CommentsPermalink





‘(I) in the case of a pesticide proposed for addition to an Annex of the POPs Convention, on socioeconomic considerations covered under Annex F of the POPs Convention, including on the technical feasibility and costs and benefits of the range of possible prohibitions described pursuant to clause (vi);CommentsClose CommentsPermalink





‘(II) in the case of a pesticide proposed for listing on an Annex to the LRTAP POPs Protocol, on--CommentsClose CommentsPermalink

‘(aa) any additional measures not described pursuant to clause (vi) that may exist to reduce the risks of adverse health effects on human health or the environment that result from the long-range transboundary atmospheric transport of the pesticide;CommentsClose CommentsPermalink

‘(bb) the technical feasibility of any of the additional measures or the measures described pursuant to clause (vi); andCommentsClose CommentsPermalink

‘(cc) the associated costs and benefits of the additional measures and the measures described pursuant to clause (vi);CommentsClose CommentsPermalink

‘(iv) request information on any current or anticipated production or use of the pesticide that is the subject of the proposal for which the United States may wish to--CommentsClose CommentsPermalink





‘(I) seek an exemption or acceptable purpose under the POPs Convention; orCommentsClose CommentsPermalink





‘(II) allow a restricted use or condition under the LRTAP POPs Protocol;CommentsClose CommentsPermalink





‘(v) request information described in subparagraph (D);CommentsClose CommentsPermalink





‘(vi) outline a broad range of possible actions that the United States could take to address any risks that the pesticide may pose;CommentsClose CommentsPermalink





‘(vii) specify what changes, if any, to registrations of or tolerances for the pesticide have been made since the date of publication of the notice under paragraph (3); andCommentsClose CommentsPermalink





‘(viii) include a statement that any information submitted may be included as part of the record of any cancellation proceeding related to the pesticide that the Administrator may undertake under section 6.CommentsClose CommentsPermalink





‘(D) PROVISION OF INFORMATION- Not later than 60 days after the date of publication of the notice under subparagraph (B), or not later than a later date as determined by the Administrator, any interested person may provide to the Administrator--CommentsClose CommentsPermalink





‘(i) consistent with the information needs described in Annex F to the POPs Convention, any information that the person believes is relevant to--CommentsClose CommentsPermalink





‘(I) a risk management evaluation carried out under paragraph 7 of Article 8 of the POPs Convention; orCommentsClose CommentsPermalink





‘(II) a decision by the Conference under paragraph 9 of Article 8 of the POPs Convention;CommentsClose CommentsPermalink





‘(ii) consistent with the information needs for the technical review described in paragraph 2 of Executive Body Decision 1998/2, any information the person believes is relevant to the technical review or to an Executive Body decision made under paragraph 3 of Article 14 of the LRTAP POPs Protocol;CommentsClose CommentsPermalink





‘(iii) any information that the person believes is relevant to an action under this subsection; andCommentsClose CommentsPermalink





‘(iv) information on any article in use that consists of, contains, or is contaminated with the pesticide.CommentsClose CommentsPermalink





‘(E) REPORT BY ADMINISTRATOR- Not later than 240 days after the date of publication of the notice under subparagraph (B), based on information received under this paragraph and any other information available to the Administrator, the Administrator, after consultation with the Secretary of Agriculture or, for public health pesticides, with the Secretary of Health and Human Services, shall issue a report for public comment and peer review that includes, at a minimum, information relating to the costs and benefits of the prohibitions or restrictions described in response to subparagraph (C)(vi) that could be placed on the sale, distribution, production, use, or disposal of the pesticide (including the possible consequences of using alternative products or processes).CommentsClose CommentsPermalink





‘(5) NOTICE AFTER RECOMMENDATION THAT CONFERENCE CONSIDER LISTING OR AFTER COMPLETION OF TECHNICAL REVIEW-CommentsClose CommentsPermalink





‘(A) APPLICABILITY- This paragraph applies--CommentsClose CommentsPermalink





‘(i) if the POPs Review Committee recommends, under paragraph 9 of Article 8 of the POPs Convention, that the Conference consider making a Conference listing decision with respect to the pesticide in accordance with the proposal; orCommentsClose CommentsPermalink





‘(ii) after completion of a technical review of a proposal to list a pesticide on an Annex to the LRTAP POPs Protocol.CommentsClose CommentsPermalink





‘(B) NOTICE- Not later than 45 days after the date of the POPs Review Committee recommendation or completion of a technical review described in clause (i) or (ii) of subparagraph (A), respectively, the Administrator shall--CommentsClose CommentsPermalink





‘(i) publish in the Federal Register a notice of the recommendation or completion of the technical review; andCommentsClose CommentsPermalink





‘(ii) provide opportunity for comment on the recommendation or the technical review.CommentsClose CommentsPermalink





‘(C) REQUIRED ELEMENTS OF NOTICE- A notice under subparagraph (B) shall--CommentsClose CommentsPermalink





‘(i) include a summary of the POPs Review Committee recommendation and the basis for the recommendation or a summary of the technical review;CommentsClose CommentsPermalink





‘(ii) summarize any control measures for the pesticide that are--CommentsClose CommentsPermalink





‘(I) identified by the POPs Review Committee; orCommentsClose CommentsPermalink





‘(II) covered by the technical review; andCommentsClose CommentsPermalink





‘(iii) include a statement that any information submitted may be included as part of the record of any cancellation proceeding related to the pesticide that the Administrator may undertake under section 6.CommentsClose CommentsPermalink





‘(6) CONSIDERATION OF INFORMATION IN CANCELLATION OF REGISTRATION- In a cancellation proceeding under section 6 for a pesticide listed on Annex A or B of the POPs Convention or Annex I or II of the LRTAP POPs Protocol, the Administrator may consider--CommentsClose CommentsPermalink





‘(A) the record compiled under paragraphs (3), (4), and (5);CommentsClose CommentsPermalink





‘(B) information related to domestic sale, distribution, production, export, and use of the pesticide;CommentsClose CommentsPermalink





‘(C) information related to national and international consequences that are likely to arise as a result of domestic regulatory actions (including the possible consequences of using alternative products or processes);CommentsClose CommentsPermalink





‘(D) for pesticides listed on Annex A or B of the POPs Convention--CommentsClose CommentsPermalink





‘(i) the POPs Review Committee recommendation under paragraph 9 of Article 8 of the POPs Convention;CommentsClose CommentsPermalink





‘(ii) the Conference listing decision; andCommentsClose CommentsPermalink





‘(iii) information that the United States submits to the POPs Review Committee or to the Conference pursuant to Article 8 of the POPs Convention;CommentsClose CommentsPermalink





‘(E) for pesticides listed on Annex I or II of the LRTAP POPs Protocol--CommentsClose CommentsPermalink





‘(i) any technical review conducted pursuant to paragraph 2 of Executive Body Decision 1998/2;CommentsClose CommentsPermalink





‘(ii) the LRTAP POPs Protocol listing decision; andCommentsClose CommentsPermalink





‘(iii) information that the United States submitted to the Executive Body, or a subsidiary of the Executive Body, in relation to a technical review or listing decision; andCommentsClose CommentsPermalink





‘(F) scientific information included in or used to develop or support the items listed in subparagraphs (A) through (E).CommentsClose CommentsPermalink





‘(7) NO EFFECT ON OTHER PROVISIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Nothing in this subsection authorizes any sale, distribution, use, production, or disposal of any POPs pesticide or LRTAP POPs pesticide that is prohibited under any other provision of law.CommentsClose CommentsPermalink





‘(B) ACTION BY THE ADMINISTRATOR- Except to the extent necessary to comply with the PIC Convention, the POPs Convention, or the LRTAP POPs Protocol, nothing in this subsection interferes with or is a prerequisite to the Administrator taking any action authorized under this Act.CommentsClose CommentsPermalink





‘(8) REQUIREMENTS FOR EXPORTS- In the case of a pesticide or active ingredient used in producing a pesticide identified by the Administrator as listed on Annex III of the PIC Convention in a notice issued under paragraph (11)(C), any person that distributes in commerce the pesticide or active ingredient used in producing a pesticide for export shall comply with any export conditions or restrictions identified by the Administrator in the notice.CommentsClose CommentsPermalink





‘(9) PRE-EXPORT NOTICES-CommentsClose CommentsPermalink





‘(A) IN GENERAL-CommentsClose CommentsPermalink





‘(i) REQUIREMENT- In the case of--CommentsClose CommentsPermalink





‘(I) a pesticide or active ingredient used in producing a pesticide that the Administrator determines to be banned or severely restricted under paragraph (11)(A);CommentsClose CommentsPermalink





‘(II) a pesticide or active ingredient used in producing a pesticide identified by the Administrator in a notice issued under paragraph (11)(C); orCommentsClose CommentsPermalink





‘(III) a POPs pesticide the export of which is not prohibited under paragraph (2);CommentsClose CommentsPermalink





the exporter of the pesticide or active ingredient used in producing the pesticide shall provide to the Administrator notice of the intent of the exporter to export the pesticide.CommentsClose CommentsPermalink





‘(ii) TIMING OF NOTICE FOR BANNED OR SEVERELY RESTRICTED PESTICIDES OR ACTIVE INGREDIENTS USED IN PRODUCING PESTICIDES-CommentsClose CommentsPermalink





‘(I) FIRST EXPORT- In the case of a first export of a pesticide or active ingredient described in paragraph (11)(A) that an exporter makes from the territory of the United States to each importing foreign state after the Administrator issues a notice under paragraph (11)(A), the exporter shall provide the notice so that the Administrator receives the notice not earlier than 45 nor later than 15 calendar days before the date of export.CommentsClose CommentsPermalink





‘(II) SUBSEQUENT EXPORTS- In the case of subsequent exports of a pesticide or active ingredient described in paragraph (11)(A) to the importing foreign state in calendar years subsequent to the notification provided under subclause (I), the exporter shall provide the notice so that the Administrator receives the notice not earlier than 45 nor later than 15 calendar days before the date of the first export in each calendar year.CommentsClose CommentsPermalink





‘(iii) TIMING OF PRE-EXPORT NOTICE FOR PESTICIDES LISTED ON ANNEX III OF PIC CONVENTION-CommentsClose CommentsPermalink





‘(I) FIRST EXPORT- In the case of a first export of a pesticide listed in Annex III to the PIC Convention that an exporter makes from the territory of the United States to each importing foreign state after the Administrator notifies the public under paragraph (11)(C), the exporter shall provide the notice so that the Administrator receives the notice not earlier than 45 nor later than 15 calendar days before the date of export.CommentsClose CommentsPermalink





‘(II) SUBSEQUENT EXPORTS- In the case of subsequent exports of a pesticide listed in Annex III to the PIC Convention by the exporter to the importing foreign state in calendar years subsequent to the notification provided under subclause (I), the exporter shall provide the notice so that the Administrator receives the notice not earlier than 45 nor later than 15 calendar days before the date of the first such subsequent export in each calendar year.CommentsClose CommentsPermalink





‘(III) CHANGED CIRCUMSTANCES MERITING NEW NOTICE- If conditions or restrictions imposed by the importing foreign state change and the Administrator notifies the public of the change under paragraph (11)(C), or if an earlier pre-export notice no longer applies, the exporter shall provide the notice so that the Administrator receives the notice not earlier than 45 nor later than 15 calendar days before the date of export.CommentsClose CommentsPermalink





‘(iv) TIMING OF PRE-EXPORT NOTICE FOR PESTICIDES THE EXPORT OF WHICH IS NOT PROHIBITED-CommentsClose CommentsPermalink





‘(I) FIRST EXPORT OF THE CALENDAR YEAR- In the case of the first export of a pesticide not prohibited from being exported under paragraph (2) that an exporter makes from the territory of the United States to each importing foreign state, the exporter shall provide the notice so that the Administrator receives the notice not earlier than 45 nor later than 15 calendar days before the date of the first export.CommentsClose CommentsPermalink





‘(II) SUBSEQUENT EXPORTS- In the case of subsequent exports of a pesticide not prohibited from being exported under paragraph (2) that an exporter makes from the territory of the United States to each importing foreign state by the exporter to the importing foreign state in calendar years subsequent to the notification provided under subclause (I) to the importing foreign state, the exporter shall provide the notice so that the Administrator receives the notice not earlier than 45 nor later than 15 calendar days before the date of the first such subsequent export in each calendar year.CommentsClose CommentsPermalink





‘(III) CHANGED CIRCUMSTANCES MERITING NEW NOTICE- If the information provided in an earlier pre-export notice is no longer accurate, the exporter shall provide the notice so that the Administrator receives the notice not earlier than 45 nor later than 15 calendar days before the date of export.CommentsClose CommentsPermalink





‘(B) ALTERNATE TIME FRAME FOR NOTICES-CommentsClose CommentsPermalink





‘(i) DISCRETIONARY ALTERNATE TIME FRAMES- Notwithstanding clauses (ii), (iii), and (iv) of subparagraph (A), the Administrator may set an alternate time frame for receipt of notices if the Administrator determines that such alternate time frame is appropriate and that the Administrator is able, within such alternate time frame, to administer notice activities in accordance with the PIC Convention and comply with the POPs Convention.CommentsClose CommentsPermalink





‘(ii) MANDATORY REVIEW OF STATUTORY TIME FRAMES AND PROCESSES-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Not later than 18 months of entry into force for the United States of the PIC Convention and not later than 18 months of entry into force for the United States of the POPs Convention, the Administrator shall review the statutory time frames for receipt of pre-export notices and the processing of the notices by the Administrator.CommentsClose CommentsPermalink





‘(II) CONSIDERATION OF APPROPRIATENESS OF AMENDMENTS- In review of the time frames and processes, the Administrator, with the concurrence of the Secretary of State, shall consider whether amendments to the time frames and modifications to the processes would be appropriate to administer notice activities in accordance with the PIC Convention and to comply with the POPs Convention.CommentsClose CommentsPermalink





‘(C) CONTENT OF PRE-EXPORT NOTICES-CommentsClose CommentsPermalink





‘(i) NOTICES FOR BANNED OR SEVERELY RESTRICTED PESTICIDES OR ACTIVE INGREDIENT USED IN PRODUCING PESTICIDES- A notice under subparagraph (A)(ii) shall include--CommentsClose CommentsPermalink





‘(I) the name and address of the exporter;CommentsClose CommentsPermalink





‘(II) the name and address of the appropriate designated national authority of the United States;CommentsClose CommentsPermalink





‘(III) the name and address of the appropriate designated national authority of the importing foreign state, if available;CommentsClose CommentsPermalink





‘(IV) the name and address of the importer;CommentsClose CommentsPermalink





‘(V) the name of the pesticide or active ingredient used in producing the pesticide for which the notice is required;CommentsClose CommentsPermalink





‘(VI) the expected date of export;CommentsClose CommentsPermalink





‘(VII) information relating to the foreseen uses of the pesticide or active ingredient used in producing a pesticide, if known, in the importing foreign state;CommentsClose CommentsPermalink





‘(VIII) information on precautionary measures to reduce exposure to, and emission of, the pesticide or active ingredient used in producing a pesticide;CommentsClose CommentsPermalink





‘(IX) information relating to the concentration of the pesticide or active ingredient used in producing a pesticide; andCommentsClose CommentsPermalink





‘(X) any other information specified in Annex V to the PIC Convention.CommentsClose CommentsPermalink





‘(ii) NOTICES FOR PESTICIDES LISTED ON ANNEX III OF THE PIC CONVENTION- A notice under subparagraph (A)(iii) shall include--CommentsClose CommentsPermalink





‘(I) all of the information required to be included under clause (i);CommentsClose CommentsPermalink





‘(II) any information relating to export conditions or restrictions identified by the Administrator in the notice issued under paragraph (11)(C) with respect to the pesticide;CommentsClose CommentsPermalink





‘(III) a general description of the manner in which the export complies with those conditions; andCommentsClose CommentsPermalink





‘(IV) any other information that the Administrator determines by order published in the Federal Register to be necessary for effective enforcement of the export conditions or restrictions applicable to the pesticide.CommentsClose CommentsPermalink





‘(iii) NOTICES FOR PESTICIDES THE EXPORT OF WHICH IS NOT PROHIBITED- A notice submitted to the Administrator under subparagraph (A)(iv) shall include--CommentsClose CommentsPermalink





‘(I) the name and address of the exporter;CommentsClose CommentsPermalink





‘(II) the name and address of the importer;CommentsClose CommentsPermalink





‘(III) a specification of the identity of the POPs pesticide;CommentsClose CommentsPermalink





‘(IV) a general description of how the export complies with the provisions related to export in paragraph 2 of Article 3, or other applicable provisions, of the POPs Convention; andCommentsClose CommentsPermalink





‘(V) such other information as the Administrator determines by order published in the Federal Register to be necessary for enforcement of the export-related obligations of the POPs Convention applicable to the pesticide.CommentsClose CommentsPermalink





‘(D) PRE-EXPORT NOTICES ACCOMPANYING EACH EXPORT- An exporter shall ensure that a copy of the most recent applicable pre-export notice accompanies each shipment for export and is available for inspection on export for--CommentsClose CommentsPermalink





‘(i) any pesticide or active ingredient used in producing a pesticide that the Administrator has identified under paragraph (11)(C) as being listed on Annex III of the PIC Convention; orCommentsClose CommentsPermalink





‘(ii) any POPs pesticide that is exported.CommentsClose CommentsPermalink





‘(E) RETENTION OF PRE-EXPORT NOTICES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- An exporter required to provide a notice under clauses (iii) and (iv) of subparagraph (A) shall comply with sections 7 and 8 and any regulations promulgated under those sections with regard to maintenance of the notice and other documents used to generate the notice and with regard to their availability for inspection and copying.CommentsClose CommentsPermalink





‘(ii) TIME PERIOD FOR RETENTION- Notwithstanding clause (i), an exporter required to provide a notice under clauses (iii) and (iv) of subparagraph (A) shall maintain a copy of the notice and other documents used to generate the notice for a period of not less than 3 years beginning on the date on which the notice is provided.CommentsClose CommentsPermalink





‘(10) LABELING REQUIREMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In the case of any pesticide or active ingredient used in producing a pesticide that is the subject of a notice issued under subparagraph (A) or (C) of paragraph (11) and that is sold, distributed, or produced, the pesticide or active ingredient used in producing a pesticide, shall, in accordance with the PIC Convention--CommentsClose CommentsPermalink





‘(i) bear labeling information relating to risks or hazards to human health or the environment; andCommentsClose CommentsPermalink





‘(ii) be accompanied by shipping documents that include any relevant safety data sheets on the pesticide.CommentsClose CommentsPermalink





‘(B) CUSTOM CODES- A pesticide or active ingredient used in producing a pesticide that is the subject of a notice issued under paragraph (11)(C) and that is distributed or sold for export shall be accompanied by shipping documents that bear, at a minimum, any appropriate harmonized system customs codes assigned by the World Customs Organization.CommentsClose CommentsPermalink





‘(11) NOTICE REQUIREMENTS AND EXEMPTION-CommentsClose CommentsPermalink





‘(A) DETERMINATION WHETHER PESTICIDES ARE BANNED OR SEVERELY RESTRICTED-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Administrator, with the concurrence of the Secretary of State, shall determine whether a pesticide or active ingredient used in producing a pesticide is banned or severely restricted within the United States (as those terms are defined by the PIC Convention).CommentsClose CommentsPermalink





‘(ii) NOTICE OF DETERMINATIONS- Notwithstanding any other provision of law, the Administrator shall issue to the Secretariat of the PIC Convention and the public a notice of each determination under clause (i) that includes--CommentsClose CommentsPermalink





‘(I) in the case of a notice to the Secretariat of the PIC Convention, the information specified in Annex I to the PIC Convention; andCommentsClose CommentsPermalink





‘(II) in the case of a notice to the public, at a minimum, a summary of that information.CommentsClose CommentsPermalink





‘(B) NOTICE TO FOREIGN COUNTRIES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Notwithstanding any other provision of law, on receipt of a notice of intent to export under paragraph (9)(A)(ii), the Administrator shall provide a copy of the notice to the designated national authority of the importing foreign state.CommentsClose CommentsPermalink





‘(ii) NONIDENTIFIED DESIGNATED NATIONAL AUTHORITY- In a case in which a designated national authority has not been identified, the Administrator shall provide the notice of intent to export to any other appropriate official of the importing foreign state, as identified by the Administrator.CommentsClose CommentsPermalink





‘(C) NOTICE TO PUBLIC-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Administrator, with the concurrence of the Secretary of State, shall issue a notice to inform the public of--CommentsClose CommentsPermalink





‘(I) any pesticide that is listed on Annex III to the PIC Convention; andCommentsClose CommentsPermalink





‘(II) any condition or restriction of an importing foreign state that is applicable to the import, in accordance with the PIC Convention, of the pesticide.CommentsClose CommentsPermalink





‘(ii) TIMING- A notice required under clause (i) shall be issued not later than 90 days after, and any conditions or restrictions described in clause (i)(II) shall take effect not later than 180 days after, the date of receipt of a notice from the Secretariat of the PIC Convention who--CommentsClose CommentsPermalink





‘(I) transmits import decisions of the parties to the PIC Convention; orCommentsClose CommentsPermalink





‘(II) provides notice of the failure of the parties to provide import decisions.CommentsClose CommentsPermalink





‘(iii) TREATMENT OF CONDITIONS AND RESTRICTIONS- A condition or restriction identified by a notice required under clause (i) shall be considered to be an export condition or restriction for the purpose of paragraph (8).CommentsClose CommentsPermalink





‘(D) NOTICE OF EXEMPTION- The Administrator may issue a notice exempting any pesticide or active ingredient used in producing a pesticide from the requirements of paragraphs (8) through (10) if the Administrator determines, with the concurrence of the Secretary of State, that the exemption would be consistent with the PIC Convention or POPs Convention.CommentsClose CommentsPermalink





‘(12) HARMONIZATION OF POPS CONVENTION AND LRTAP POPS PROTOCOL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If a pesticide is both a POPs pesticide and a LRTAP POPs pesticide, in the case of a conflict between a provision of this subsection applicable to a POPs pesticide and a provision of this subsection applicable to a LRTAP POPs pesticide, the more stringent provision shall apply, as determined by the Administrator, with the concurrence of the Secretary of State.CommentsClose CommentsPermalink





‘(B) APPLICATION- In the case of a pesticide described in subparagraph (A), this paragraph shall be applied in such a manner as to ensure that the United States is in compliance with its obligations under the POPs Convention and the LRTAP POPs Protocol with respect to the pesticide.CommentsClose CommentsPermalink





‘(13) HARMONIZATION OF POPS CONVENTION AND PIC CONVENTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If the export of a pesticide is addressed or restricted under paragraphs (2) through (6) and paragraphs (8) through (11), all of those paragraphs shall apply to the pesticide.CommentsClose CommentsPermalink





‘(B) CONFLICT- In the case of a conflict between paragraphs (2) through (6) and paragraphs (8) through (11) with respect to a pesticide, the more stringent provision shall apply.CommentsClose CommentsPermalink





‘(C) APPLICATION- With respect to a pesticide, paragraphs (2) through (11) shall be applied in manner as to ensure that the United States is in compliance with its obligations under both the POPs Convention and the PIC Convention with respect to the pesticide.CommentsClose CommentsPermalink





‘(f) Regulations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Administrator may promulgate such regulations as the Administrator determines, with the concurrence of the Secretary of State and after providing notice to any other interested Federal agency, to be necessary--CommentsClose CommentsPermalink





‘(A) to implement this section;CommentsClose CommentsPermalink





‘(B) to allow the pre-export notice requirement under this section and any pre-export notice requirement in other provisions of this Act or in any other Federal law to be satisfied by a single notice; andCommentsClose CommentsPermalink





‘(C) to ensure compliance with the PIC Convention, the POPs Convention, and the LRTAP POPs Protocol.CommentsClose CommentsPermalink





‘(2) IMPORTATION OF PESTICIDES AND DEVICES- The Secretary of the Treasury, in consultation with the Administrator, shall promulgate regulations for the enforcement of subsection (c).’.CommentsClose CommentsPermalink

SEC. 4. CONFORMING AMENDMENTS.

(a) Section 3(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(b)) is amended in the matter preceding paragraph (1) by striking ‘A pesticide’ and inserting ‘Except as provided in section 17, a pesticide’.CommentsClose CommentsPermalink





(b) Section 12(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136j(a)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (R), by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink





(2) in subparagraph (S), by striking the period and inserting ‘; or’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(T) to violate section 17 (including any regulation promulgated under that section).’.CommentsClose CommentsPermalink





(c) Section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o(c)) (as amended by section 3(3)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘IN GENERAL- ’ before ‘The Secretary’;CommentsClose CommentsPermalink





(2) in paragraph (2), by inserting ‘REFUSAL AND DESTRUCTION- ’ before ‘If it appears’;CommentsClose CommentsPermalink





(3) in paragraph (3), by inserting ‘DELIVERY AND FORFEITURE- ’ before ‘The Secretary of the Treasury may’; andCommentsClose CommentsPermalink





(4) in paragraph (4), by inserting ‘CHARGES- ’ before ‘All charges’.CommentsClose CommentsPermalink

SEC. 5. CONFORMING AMENDMENTS TO FIFRA 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--CommentsClose CommentsPermalink





(1) in the items relating to section 2, by adding at the end the following:CommentsClose CommentsPermalink





‘(hh) Nitrogen stabilizer.CommentsClose CommentsPermalink





‘(jj) Maintenance applicator.CommentsClose CommentsPermalink





‘(kk) Service technician.CommentsClose CommentsPermalink





‘(ll) Minor use.CommentsClose CommentsPermalink





‘(mm) Antimicrobial pesticide.CommentsClose CommentsPermalink





‘(nn) Public health pesticide.CommentsClose CommentsPermalink





‘(oo) Vector.CommentsClose CommentsPermalink





‘(pp) Conference.CommentsClose CommentsPermalink





‘(qq) Conference listing decision.CommentsClose CommentsPermalink





‘(rr) Designated national authority.CommentsClose CommentsPermalink





‘(ss) Executive Body.CommentsClose CommentsPermalink





‘(tt) Executive Body decision 1998/2.CommentsClose CommentsPermalink





‘(uu) LRTAP Convention.CommentsClose CommentsPermalink





‘(vv) LRTAP POPs pesticide.CommentsClose CommentsPermalink





‘(ww) LRTAP POPs Protocol.CommentsClose CommentsPermalink





‘(xx) PIP Convention.CommentsClose CommentsPermalink





‘(yy) POPs Convention.CommentsClose CommentsPermalink





‘(zz) POPs pesticide.CommentsClose CommentsPermalink





‘(aaa) POPs Review Committee.’;CommentsClose CommentsPermalink





andCommentsClose CommentsPermalink





(2) by striking the items relating to section 17 and inserting the following:CommentsClose CommentsPermalink





‘Sec. 17. Imports, exports, and international conventions.CommentsClose CommentsPermalink





‘(a) Pesticides and devices intended for export.CommentsClose CommentsPermalink





‘(b) Cancellation notices furnished to foreign governments.CommentsClose CommentsPermalink





‘(c) Importation of pesticides and devices.CommentsClose CommentsPermalink





‘(1) In general.CommentsClose CommentsPermalink





‘(2) Refusal and destruction.CommentsClose CommentsPermalink





‘(3) Delivery and forfeiture.CommentsClose CommentsPermalink





‘(4) Charges.CommentsClose CommentsPermalink





‘(5) Prohibited imports.CommentsClose CommentsPermalink





‘(d) Cooperation in international efforts generally.CommentsClose CommentsPermalink





‘(e) POPs Convention, LRTAP POPs Protocol, and PIC Convention.CommentsClose CommentsPermalink





‘(1) In general.CommentsClose CommentsPermalink





‘(2) Prohibitions.CommentsClose CommentsPermalink





‘(3) Notice and report after decision that screening criteria are met under POPs Convention or after risk profile submitted under LRTAP POPs Protocol.CommentsClose CommentsPermalink





‘(4) Notice and report after decision that global action warranted under POPs Convention or that further consideration of pesticides warranted under LRTAP POPs Protocol.CommentsClose CommentsPermalink





‘(5) Notice after recommendation that Conference consider listing or after completion of technical review.CommentsClose CommentsPermalink





‘(6) Consideration of information in cancellation of registration.CommentsClose CommentsPermalink





‘(7) No effect on other provisions.CommentsClose CommentsPermalink





‘(8) Requirements for exports.CommentsClose CommentsPermalink





‘(9) Pre-export notices.CommentsClose CommentsPermalink





‘(10) Labeling requirements.CommentsClose CommentsPermalink





‘(11) Notice requirements and exemption.CommentsClose CommentsPermalink





‘(12) Harmonization of POPs Convention and LRTAP POPs Protocol.CommentsClose CommentsPermalink





‘(13) Harmonization of POPs Convention and PIC Convention.CommentsClose CommentsPermalink





‘(f) Regulations.CommentsClose CommentsPermalink





‘(1) In general.CommentsClose CommentsPermalink





‘(2) Importation of pesticides and devices.’.CommentsClose CommentsPermalink