Public Health Pesticides Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to consider the risks and benefits of public health pesticides separately from the risks and benefits of other pesticides. Requires the Administrator, in weighing any regulatory action concerning a public health pesticide, to weigh any risks of the pesticide against the health risks to be controlled by the pesticide.
Defines: (1) a "public health pesticide" as a minor use pesticide registered for use and used predominantly in public health programs for vector control or other health protection uses; and (2) "vector" as any animal capable of transmitting the causative agent of human disease or of producing human discomfort or injury.
Exempts from reregistration fees public health pesticides of which more than 50 percent of usage (or at least 50 percent in the case of certain end use products) is devoted to the promotion of public health.
Provides for expedited processing and review of pesticide applications that propose the initial or amended registration of an end use pesticide that, if registered as proposed, would be used as a public health pesticide.
Provides for review by the Secretary of Health and Human Services of registrations of public health pesticides proposed for cancellation.
Directs the Administrator to identify pests of significant public health importance and to implement programs to improve and facilitate the safe use of methods to combat such pests.
Requires the Administrator to consult with the Secretary prior to taking final action to suspend or cancel a registration. Directs the Administrator to determine whether the potential benefits of continued use of a pesticide for public health purposes are of such significance as to warrant studies to support continued registration. Requires the Secretary to make arrangements for the conduct of studies and submission of data. Authorizes appropriations.
[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 53 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 53
To amend the Federal Insecticide, Fungicide, and Rodenticide Act with
respect to public health pesticides.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 1995
Mr. Dooley (for himself, Mr. Emerson, and Mr. Herger) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Federal Insecticide, Fungicide, and Rodenticide Act with
respect to public health pesticides.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE, REFERENCE.
(a) Short Title.--This Act may be cited as the ``Public Health
Pesticides Protection Act of 1995''.
(b) Reference.--Whenever in this Act 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.
SEC. 2. DEFINITIONS.
(a) Adverse Effects.--Section 2(bb) (7 U.S.C. 136(bb)) is amended
by adding at the end the following: ``The Administrator shall consider
the risks and benefits of public health pesticides separate from the
risks and benefits of other pesticides. In weighing any regulatory
action concerning a public health pesticide under this Act, the
Administrator shall weigh any risks of the pesticide against the health
risks such as the diseases transmitted by the vector to be controlled
by the pesticide.''.
(b) New Definitions.--Section 2 (7 U.S.C. 136) is amended by adding
at the end the following:
``(hh) Minor Use.--The term `minor use' means the total anticipated
small volume use of any pesticide product against a particular pest or
group of pests which, by itself, would not economically justify a full,
separate pesticide registration. Wherever a minor use is designated in
this Act for agricultural crop production or agricultural uses, such
term includes any use intended to protect the public from insects or
other pests or the diseases which such pests may transmit to man or
domestic animals.
``(ii) Public Health Pesticide.--The term `public health pesticide'
means any minor use pesticide product registered for use and used
predominantly in public health programs for vector control or for other
recognized health protection uses, including the prevention or
mitigation of viruses, bacteria, or other microorganisms (other than
viruses, bacteria, or other microorganisms on or in living man or other
living animal) that pose a threat to public health.
``(jj) Vector.--The term `vector' means any animal capable of
transmitting the causative agent of human disease or capable of
producing human discomfort or injury, including mosquitoes, flies,
fleas, cockroaches, or other insects and ticks, mites, or rats.''.
SEC. 3. REGISTRATION.
Section 3(c)(2)(A) (7 U.S.C. 136a(c)(2)(A)) is amended--
(1) by inserting after ``pattern of use,'' the following:
``the public health and agricultural need for such minor
use,'', and
(2) by striking out ``potential exposure of man and the
environment to the pesticide'' and inserting in lieu thereof
``potential beneficial or adverse effects on man and the
environment''.
SEC. 4. REREGISTRATION.
Section 4 (7 U.S.C. 136a-1) is amended--
(1) in subsection (i)(4), by redesignating subparagraphs
(B) and (C) as subparagraphs (C) and (D), respectively and by
adding after subparagraph (A) the following:
``(B) Any pesticide defined as a public health
pesticide of which more than 50 percent of its usage is
devoted to the promotion of public health shall be
exempt from fees prescribed by paragraph (3).'';
(2) in subsection (i)(5), by redesignating subparagraphs
(F) and (G) as subparagraphs (G) and (H), respectively, and by
adding after subparagraph (E) the following:
``(F) An end use product that is registered for a
public health pesticide of which at least 50 percent of
its usage is devoted to the promotion of public health
shall be exempt from the fees prescribed by this
paragraph.'';
(3) in subsection (i)(7)(B), by striking out ``or to
determine'' and inserting in lieu thereof ``, to determine''
and by inserting before the period the following: ``, or to
determine the volume usage for public health pesticides''; and
(4) in subsection (k)(3)(A), by striking out ``or'' at the
end of clause (i), by striking the period at the end of clause
(ii) and inserting in lieu thereof ``; or'', and by inserting
after clause (ii) the following:
``(iii) proposes the initial or amended
registration of an end use pesticide that, if
registered as proposed, would be used for a
public health pesticide.''.
SEC. 5. CANCELLATION.
Section 6(b) is amended by striking out ``or'' at the end of
paragraph (1), by striking out the period at the end of paragraph (2)
and inserting in lieu thereof ``; or'', and by adding after paragraph
(2) the following:
``(3) if a pesticide is registered or proposed for
registration for public health uses, to send the notice
specified in this subsection to the Secretary of Health and
Human Services for review.
The Secretary of Health and Human Services shall comment under
paragraph (3) in accordance with the procedures followed and subject to
the same conditions as comments by the Secretary of Agriculture in the
case of agricultural pesticides.''.
SEC. 6. VIEWS.
Section 21 (7 U.S.C. 136s) is amended by redesignating subsections
(b) and (c) as subsections (c) and (d), respectively, and by adding
after subsection (a) the following:
``(b) Secretary of Health and Human Services.--The Administrator,
before publishing regulations under this Act for any public health
pesticide, shall solicit the views of the Secretary of Health and Human
Services in the same manner as the views of the Secretary of
Agriculture are solicited under section 25(a).''.
SEC. 7. AUTHORITY OF ADMINISTRATOR.
Section 25(a)(1) (7 U.S.C. 136w(a)(1)) is amended--
(1) by inserting after ``various classes of pesticides''
the following: ``, including public health pesticides,'', and
(2) by striking out ``and nonagricultural pesticides'' and
inserting in lieu thereof ``, non-agricultural, and public
health pesticides''.
SEC. 8. IDENTIFICATION OF PESTS.
Section 28 (7 U.S.C. 136w-3) is amended by adding at the end the
following:
``(d) Public Health Pests.--The Administrator, in coordination with
the Secretary of Health and Human Services, shall identify pests of
significant public health importance and, in coordination with the
Public Health Service, develop and implement programs to improve and
facilitate the safe and necessary use of chemical, biological, and
other methods to combat and control such pests of public health
importance.''.
SEC. 9. PUBLIC HEALTH PESTICIDES.
The Federal Insecticide, Fungicide, and Rodenticide Act is amended
by adding at the end the following:
``SEC. 32. PUBLIC HEALTH PESTICIDES.
``The Administrator, in conjunction with the Secretary of Health
and Human Services, shall submit an annual report to the Congress by
March 1 of each year describing the uses of public health pesticides to
promote human health protection in the United States. The report shall
include--
``(1) an analysis of vector control practices,
``(2) an analysis of the approximately 50 diseases which
are associated with arthropods or other vectors, including a
consideration of the impact of vector control on the incidence
of such diseases,
``(3) an analysis of the role of IPM in vector control and
how agricultural IPM practices impact public health vector
control, and
``(4) an analysis of public health pesticides, including
the benefits of vectored disease prevention and a comparison of
such benefits to the relative risks of the use of public health
pesticides and the risks of vectored diseases.''.
SEC. 10. PUBLIC HEALTH DATA.
Section 4 (7 U.S.C. 136a) is amended by adding at the end the
following:
``(m) Authorization of Funds To Develop Public Health Data.--
``(1) Definition.--For the purposes of this section,
Secretary means the Secretary of Health and Human Services,
acting through the Public Health Service.
``(2) Consultation.--In the case of a pesticide registered
for use in public health programs for vector control or for
other uses the Administrator determines to be human health
protection uses, the Administrator shall, upon timely request
by the registrant or any other interested person, or on the
Administrator's own initiative may, consult with the Secretary
prior to taking final action to suspend registration under
section 3(c)(2)(B)(iv), or cancel a registration under sections
4, 6(e), or 6(f). In consultation with the Secretary, the
Administrator shall prescribe the form and content of requests
under this section.
``(3) Benefits to support family.--The Administrator, after
consulting with the Secretary, shall make a determination
whether the potential benefits of continued use of the
pesticide for public health or health protection purposes are
of such significance as to warrant a commitment by the
Secretary to conduct or to arrange for the conduct of the
studies required by the Administrator to support continued
registration under section 3 or registration under section 4.
``(4) Additional time.--If the Administrator determines
that such a commitment is warranted and in the public interest,
the Administrator shall notify the Secretary and shall, to the
extent necessary, amend a notice issued under section
3(c)(2)(B) to specify additional reasonable time periods for
submission of the data.
``(5) Arrangements.--The Secretary shall make such
arrangements for the conduct of required studies as the
Secretary finds necessary and appropriate to permit submission
of data in accordance with the time periods prescribed by the
Administrator. Such arrangements may include Public Health
Service intramural research activities, grants, contracts, or
cooperative agreements with academic, public health, or other
organizations qualified by experience and training to conduct
such studies.
``(6) Support.--The Secretary may provide for support of
the required studies using funds authorized to be appropriated
under this section, the Public Health Service Act, or other
appropriate authorities. After a determination is made under
subsection (d), the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
of the sums required to conduct the necessary studies.
``(7) Authorization.--There is authorized to be
appropriated to carry out the purposes of this section
$12,000,000 for fiscal year 1993, and such sums as may be
necessary for succeeding fiscal years.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Department Operations, Nutrition and Foreign Agriculture.
Executive Comment Requested from EPA.
Executive Comment Requested from USDA, HHS.
For Further Action See H.R.1627.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line