Amends the Federal Insecticide, Fungicide, and Rodenticide Act to allow a State, on the request of an agricultural producer or on the State's initiative, to register a foreign pesticide for distribution and use in the State if registration is consistent with such Act and is approved by the Administrator of the Environmental Protection Agency.
Considers such registrations, on approval by the Administrator, as registrations under the Act. Bars the transport of such pesticides to, or use by, a person in another State unless the distribution and use is consistent with the registration by the original State.
Sets forth requirements for foreign pesticide registration by a State and approval by the Administrator. Requires the Administrator, in carrying out this Act, to take into account the priority of harmonizing the registrations of foreign and comparable domestic pesticides in accordance with applicable agreements and treaties.
Sets forth labeling requirements for foreign registered pesticides. Requires persons seeking to distribute such pesticides to provide to the State a report that: (1) identifies the person that will receive and use the pesticide in the State; and (2) states the quantity of the pesticide that will be transported into the State.
Directs States registering foreign pesticides to prepare annual reports that identify such pesticides and the users of such pesticides and state the quantity of such pesticides used.
Requires States, if the Administrator determines it necessary to terminate the distribution or use of a foreign pesticide, to recall the pesticide on the Administrator's request. Authorizes the Administrator to suspend the authority of a State to register foreign pesticides if a State is found incapable of exercising adequate controls to ensure that registration is consistent with the Act. Provides States with an opportunity to respond before suspension.
Makes Federal patent law inapplicable to a foreign pesticide registered by a State that is transported into the United States or to any person that takes an action with respect to such pesticide in accordance with this Act.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7136)
Read twice and referred to the Committee on Agriculture.
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