Pub.L. 104-171 To authorize the extension of nondiscriminatory treatment (most-favored- nation treatment) to the products of Romania. <> ...

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[[Page 110 STAT. 1489]]

Public Law 104-170
104th Congress

                                 An Act


 
To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the 
 Federal Food, Drug, and Cosmetic Act, and for other purposes. <<NOTE:  
                     Aug. 3, 1996 -  [H.R. 1627]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Food Quality 
Protection Act of 1996.>> 

SECTION 1. <<NOTE: 7 USC 136 note.>>  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.

    (a) Section 6(c)(1).--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).''.
    (b) Section 6(c)(3).--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''.

[[Page 110 STAT. 1490]]

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) <<NOTE: Federal Register, 
                      publication.>>  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) <<NOTE: Establishment.>>  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.

    (a) Section 2.--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:

[[Page 110 STAT. 1491]]

    ``(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.''.
    (b) Section 3(f).--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. 106. PERIODIC REGISTRATION REVIEW.

    (a) Section 6.--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.''.

    (b) Section 3.--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. <<NOTE: Regulations.>>  The 
        Administrator shall by regula

[[Page 110 STAT. 1492]]

        tion 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.
    ``(kk) Service Technician.--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 <<NOTE: 7 USC 136x, 
        136y.>>  as sections 33 and 34, respectively; and
            (2) by adding after section 29 the following:

[[Page 110 STAT. 1493]]

``SEC. 30. <<NOTE: 7 USC 136w-5.>>  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.''.

      TITLE II--MINOR USE CROP PROTECTION, ANTIMICROBIAL PESTICIDE 
            REGISTRATION REFORM, AND PUBLIC HEALTH PESTICIDES

 SEC. 201. 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--Minor Use Crop Protection

 SEC. 210. MINOR CROP PROTECTION.

    (a) Definition.--Section 2 (7 U.S.C. 136), as amended by section 
120, is further amended by adding at the end the following:
    ``(ll) Minor Use.--The term `minor use' means the use of a pesticide 
on an animal, on a commercial agricultural crop or site, or for the 
protection of public health where--
            ``(1) the total United States acreage for the crop is less 
        than 300,000 acres, as determined by the Secretary of 
        Agriculture; or
            ``(2) the Administrator, in consultation with the Secretary 
        of Agriculture, determines that, based on information provided 
        by an applicant for registration or a registrant, the use does 
        not provide sufficient economic incentive to support the initial 
        registration or continuing registration of a pesticide for such 
        use and--
                    ``(A) there are insufficient efficacious alternative 
                registered pesticides available for the use;
                    ``(B) the alternatives to the pesticide use pose 
                greater risks to the environment or human health;
                    ``(C) the minor use pesticide plays or will play a 
                significant part in managing pest resistance; or
                    ``(D) the minor use pesticide plays or will play a 
                significant part in an integrated pest management 
                program.

The status as a minor use under this subsection shall continue as long 

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