Protect America's Children from Toxic Pesticides Act
This bill modifies provisions related to the distribution, sale, and use of pesticides, including by cancelling the registration of organophosphates, neonicotinoids, and paraquat and by creating a process for interested individuals to submit a petition to designate an active ingredient or pesticide as a dangerous pesticide.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4406 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4406
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
fully protect the safety of children and the environment, to remove
dangerous pesticides from use, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4, 2020
Mr. Udall (for himself, Ms. Warren, Mr. Booker, and Mr. Sanders)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
fully protect the safety of children and the environment, to remove
dangerous pesticides from use, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect America's Children from
Toxic Pesticides Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Environmental Protection Agency (referred to in
this section as the ``EPA'') regularly fails to incorporate
updated scientific understanding to protect human health and
the environment from the harmful effects of pesticide products,
as envisioned by the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.), resulting in the use of
billions of pounds of pesticides every year that were approved
based on outdated science;
(2) the United States lags behind the European Union and
other developed nations in protecting its people and its
environment from toxic chemicals, allowing the use of 72
pesticides that have been banned or are being phased out in the
European Union alone;
(3) the EPA registers nearly 65 percent of pesticides
through conditional registrations and frequently waives
requirements to extend the use of conditional registrations
prior to completion of comprehensive registration;
(4) the EPA permits the continued sale of potentially
dangerous stocks of pesticides after registration has been
canceled or suspended;
(5) the EPA uses emergency exemptions to keep pesticides on
the market for years without undergoing a comprehensive
registration process that would ensure the safe use of the
pesticides;
(6) the EPA is prohibited from requiring the disclosure of
inert ingredients, even though inert ingredients can account
for 99 percent of a pesticide product and include carcinogenic
and toxic chemicals;
(7) the International Agency for Research on Cancer, the
specialized cancer agency of the World Health Organization, has
assessed and ranked the carcinogenicity of hundreds of
pesticides to ensure that the most up-to-date, rigorous
scientific information is used to inform the world of the risks
of pesticides;
(8) scientists have repeatedly linked exposure to
organophosphate pesticides to neurodevelopmental damage in
children;
(9) the United States Fish and Wildlife Service and the
National Marine Fisheries Service have determined that
organophosphate pesticides jeopardize the survival of 97
percent of endangered species;
(10) neonicotinoid pesticides are contributing to the rapid
decline of pollinators and the deterioration of pollinator
health, including impaired foraging behavior and increased
susceptibility to viruses, diseases, and parasites;
(11) exposure to paraquat--
(A) causes heart failure, kidney failure, liver
failure, lung scarring, and damage to brain cells; and
(B) greatly increases the risk of developing
Parkinson's disease;
(12) local communities have been blocked by States from
enacting pesticide restrictions to protect people and
environment from toxic chemicals; and
(13) farmworkers are--
(A) disproportionately exposed to and harmed by
pesticide use; and
(B) afforded inadequate safeguards and far less
protection than industrial workers.
SEC. 3. ENDING INDEFINITE DELAYS ON REVIEW OF DANGEROUS PESTICIDES.
(a) Definitions.--
(1) In general.--Section 2 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended--
(A) by striking subsection (z) and inserting the
following:
``(z) Registration.--The term `registration' means the approval of
an active ingredient or pesticide product under this Act--
``(1) that has not previously been registered under this
Act; or
``(2) for a crop or use for which the active ingredient or
pesticide has not previously been registered under this Act.'';
(B) by redesignating subsections (aa) through (oo)
as subsections (bb) through (pp), respectively; and
(C) by inserting after subsection (z) the
following:
``(aa) Registration Review Determination.--
``(1) In general.--The term `registration review
determination' means the final decision to renew the
registration of a pesticide product or active ingredient to
authorize the use of the pesticide product or active
ingredient--
``(A) for an additional 15-year period from the
date of the previous registration, reregistration, or
registration review determination, as applicable; and
``(B) in compliance with all applicable laws and
regulations.
``(2) Exclusion.--The term `registration review
determination' does not include any interim determination
regarding the continued use of a pesticide product or active
ingredient by the Administrator.''.
(2) Conforming amendments.--
(A) Section 2(e)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136(e)(1)) is
amended by striking ``subsection (ee)'' and inserting
``subsection (ff)''.
(B) Section 3(h)(3)(E) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)(3)(E))
is amended by striking ``section 2(mm)'' and inserting
``section 2(nn)''.
(C) Section 33(b)(3) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)(3))
is amended--
(i) by striking ``Sec. 2(mm)'' each place
it appears and inserting ``section 2(nn)''; and
(ii) by striking ``Section 2(ll)(2)'' and
inserting ``section 2(mm)(2)''.
(b) Suspension of Dangerous Pesticides on Failure To Complete
Registration Review on Time.--Section 4 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1) is amended by adding
at the end the following:
``(o) Suspension of Dangerous Pesticides on Failure To Complete
Registration Review on Time.--
``(1) Definition of dangerous pesticide.--In this
subsection, the term `dangerous pesticide' means an active
ingredient or pesticide product that may--
``(A) be carcinogenic;
``(B) be acutely toxic;
``(C) be an endocrine disruptor;
``(D) cause harm to a pregnant woman or a fetus; or
``(E) cause neurological or developmental harm.
``(2) Petitions to designate dangerous pesticides.--
``(A) In general.--An interested person may submit
a petition under section 553(e) of title 5, United
States Code, to designate an active ingredient or
pesticide product as a dangerous pesticide under this
subsection.
``(B) Review.--On receipt of a petition under
subparagraph (A), the Administrator shall review the
petitions submitted by interested persons under that
subparagraph relating to that active ingredient or
pesticide product to determine if the active ingredient
or pesticide product may warrant designation as a
dangerous pesticide.
``(3) Initial findings.--
``(A) In general.--Not later than 90 days after the
receipt of a petition described in paragraph (2)(A),
the Administrator shall make a finding as to whether
the petition presents substantial scientific
information indicating that the designation of the
petitioned active ingredient or pesticide product as a
dangerous pesticide may be warranted.
``(B) Failure to review petition.--If the
Administrator fails make a finding on a petition by the
date required under subparagraph (A), the active
ingredient or pesticide product that is the subject of
the petition shall be deemed to be a dangerous
pesticide.
``(C) Full consideration of all science.--
``(i) In general.--In making a finding as
to whether a petition provides substantial
scientific information that an active
ingredient or pesticide product may warrant
designation as a dangerous pesticide under
subparagraph (A), the Administrator shall fully
consider all relevant--
``(I) epidemiological studies or
information;
``(II) peer-reviewed literature;
and
``(III) information or data
provided by a Federal or State agency.
``(ii) Requirement.--The Administrator
shall not discount or ignore information
provided in a petition described in paragraph
(2)(A) based on any criteria under part 152 or
160 of title 40, Code of Federal Regulations
(or successor regulations), or any rule issued
by the Administrator under docket number EPA-
HQ-OA-2018-0259.
``(4) Suspensions of pesticide.--
``(A) In general.--Notwithstanding any other
provision of law, on a finding under paragraph (3)(A)
that an active ingredient or pesticide product may
warrant designation as a dangerous pesticide, or on
operation of paragraph (3)(B), the Administrator shall
immediately suspend the registration of the active
ingredient or pesticide product if a valid
reregistration eligibility decision or registration
review determination has not been made regarding the
active ingredient or pesticide product during the 15-
year period ending on the date of that finding or
operation.
``(B) Duration.--The registration of an active
ingredient or pesticide product suspended under
subparagraph (A) shall remain suspended until such time
as the Administrator makes a registration review
determination in accordance with this section.
``(5) Existing stocks.--In accordance with section 6(a)(1),
the Administrator shall not permit the continued sale and use
of existing stocks of an active ingredient or pesticide product
the registration of which has been suspended under paragraph
(4).
``(6) Cancellation.--Notwithstanding any other provision of
law, including section 6(b), if the Administrator fails to
suspend the registration of an active ingredient or pesticide
product that may warrant designation as a dangerous pesticide
as required by this subsection by not later than 60 days after
any deadline described in this subsection--
``(A) the registration of the active ingredient or
pesticide product shall be immediately and permanently
canceled by operation of law and without any further
proceedings; and
``(B) in accordance with section 6(a)(1), the sale
of existing stocks of the active ingredient or
pesticide product shall be prohibited.
``(7) Citizen suits.--
``(A) In general.--Any person may bring a civil
action against the Administrator where there is an
alleged failure of the Administrator to comply with any
provision of this subsection.
``(B) Reviewability.--An action under subparagraph
(A) shall be reviewable in the district courts of the
United States pursuant to section 16(a).
``(8) Inapplicability of ireds.--Notwithstanding any other
provision of law, an interim registration review decision or
any other interim determination with respect to an active
ingredient or pesticide product shall have no force or effect
regarding any requirement of this subsection.''.
SEC. 4. EMERGENCY REVIEW OF PESTICIDES BANNED IN OTHER NATIONS.
Section 6 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136d) is amended by adding at the end the following:
``(i) Suspension and Expedited Review of Banned Pesticides.--
``(1) Suspension of banned pesticides.--The Administrator
shall immediately suspend the registration of any active
ingredient or pesticide product that is--
``(A) banned or otherwise prohibited from entering
the market by the European Union, 1 or more countries
in the European Union, or Canada; and
``(B) registered for use within the United States.
``(2) Expedited review.--
``(A) In general.--The Administrator shall complete
an expedited review of the justification and rationale
for the ban of a pesticide by the European Union or a
country described in paragraph (1)(A).
``(B) Notice and comment.--In carrying out an
expedited review with respect to each pesticide under
subparagraph (A), the Administrator shall provide
notice and an opportunity for public comment.
``(3) Cancellation.--
``(A) In general.--Notwithstanding any other
provision of law, including subsection (b), if the
Administrator determines after a review under paragraph
(2) that the pesticide under review may be dangerous in
accordance with subparagraph (B), the registration that
is suspended shall be canceled not later than 2 years
after the date of completion of the review.
``(B) Determination of dangerous pesticide.--The
Administrator shall determine that a pesticide under
review under paragraph (2) may be dangerous if
substantial information indicates that the pesticide
may--
``(i) be carcinogenic;
``(ii) be acutely toxic;
``(iii) be an endocrine disruptor;
``(iv) cause harm to a pregnant woman or a
fetus; or
``(v) cause neurological or developmental
harm.
``(C) Full consideration of science.--
``(i) In general.--In determining whether a
pesticide under review under paragraph (2) may
be dangerous, the Administrator shall consider
relevant evidence, including--
``(I) epidemiological data;
``(II) peer-reviewed literature;
and
``(III) data generated by a State
or Federal agency or an agency of a
foreign government.
``(ii) Treatment of information.--
Notwithstanding any requirements or criteria
under parts 152 and 160 of title 40, Code of
Federal Regulations (or successor regulations),
or any rule issued by the Administrator under
docket number EPA-HQ-OA-2018-0259, the
Administrator shall not discount, otherwise
ignore, or give disproportionately more or less
weight to evidence described in clause (i).
``(D) Consideration of economic cost prohibited.--
In determining whether a pesticide under review under
paragraph (2) may be dangerous, the Administrator shall
not consider any economic analysis of the benefits or
costs of continuing to register the pesticide.
``(E) Public comment.--Prior to making a final
determination under subparagraph (A), the Administrator
shall provide a draft determination for not less than
90 days of public comment.
``(4) Citizen suits.--
``(A) In general.--Any person may bring a civil
action against the Administrator where there is an
alleged failure of the Administrator to comply with any
provision of this subsection.
``(B) Reviewability.--An action under subparagraph
(A) shall be reviewable in the district courts of the
United States pursuant to section 16(a).''.
SEC. 5. ENSURING ACCOUNTABILITY IN CONDITIONAL REGISTRATIONS.
(a) In General.--Section 3(c)(7) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(7)) is amended by
striking subparagraph (C) and inserting the following:
``(C) Time limits on conditional registrations.--
``(i) In general.--Notwithstanding any
other provision of this subsection or section
6(e), the Administrator shall provide not
longer than 2 years for the terms and
requirements of any conditional registration
under this paragraph to be met by the
registrant.
``(ii) Cancellation.--The Administrator
shall cancel a conditional registration under
this paragraph unless the registrant fully
complies with all conditions by the earlier
of--
``(I) all deadlines established by
the Administrator; and
``(II) 2 years after the effective
date of the conditional registration.
``(iii) Existing conditional
registrations.--Notwithstanding any other
provision of law, as of the date of enactment
of this clause, each outstanding conditional
registration under this paragraph for which the
registrant has not fulfilled all conditions of
the conditional registration shall be canceled.
``(iv) Reports.--
``(I) In general.--Not later than
December 31 of each calendar year, the
Administrator shall submit to Congress
an annual report describing the total
number of conditional registrations
under this paragraph that were
registered during the immediately
preceding fiscal year.
``(II) Contents.--A report under
subclause (I) shall include a
description of--
``(aa) each conditionally
registered pesticide and the
conditions imposed, including
any modification of those
conditions; and
``(bb) the quantity
produced of each pesticide
described in item (aa).''.
(b) Conforming Amendment.--Section 6(e) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136d(e)) is amended--
(1) in paragraph (1), by striking the last sentence and
inserting ``The Administrator shall not permit the continued
sale and use of existing stocks of a pesticide the conditional
registration of which has been canceled.''; and
(2) in paragraph (2), in the third sentence, by striking
``, and whether the Administrator's determination with respect
to the disposition of existing stocks is consistent with this
Act''.
SEC. 6. PROHIBITION ON THE SALE OR USE OF EXISTING STOCKS OF SUSPENDED
OR CANCELED PESTICIDES.
Section 6(a) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136d(a)) is amended by striking the subsection
designation and heading and all that follows through the period at the
end of paragraph (1) and inserting the following:
``(a) Prohibition on the Sale or Use of Existing Stocks;
Information.--
``(1) Existing stocks.--The Administrator shall not permit
the continued sale or use of existing stocks of a pesticide the
registration of which is suspended or canceled under this
section or section 3 or 4.''.
SEC. 7. ENDING ABUSE OF EMERGENCY EXEMPTIONS.
Section 18 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136p) is amended--
(1) in the first sentence, by striking ``The
Administrator'' and inserting the following:
``(a) In General.--The Administrator'';
(2) in subsection (a) (as so designated), in the second
sentence, by striking ``The Administrator'' and inserting the
following:
``(b) Consultation.--The Administrator''; and
(3) by adding at the end the following:
``(c) Limitations on Emergency Exemptions.--Notwithstanding any
other provision of law, the Administrator shall not grant an emergency
exemption under subsection (a) for the same active ingredient or
pesticide product in the same location for more than 2 years in any 10-
year period.
``(d) Restrictions on Unregistered Pesticides.--The Administrator
shall not grant an emergency exemption under subsection (a) to use an
active ingredient or pesticide product that is not registered under
section 3 for any use.
``(e) Restrictions on Conditional Pesticides.--The Administrator
shall not grant an emergency exemption under subsection (a) for any
active ingredient or pesticide product that is registered conditionally
under section 3(c)(7)(A).''.
SEC. 8. ADDING TRANSPARENCY FOR INERT INGREDIENTS.
(a) Definition of Ingredient Statement.--Section 2(n) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(n))
is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by striking paragraph (1) and inserting the following:
``(1) the name and percentage of each active ingredient in
the pesticide product;
``(2) the name and percentage of each inert ingredient in
the pesticide product;
``(3) if applicable, a statement that the pesticide product
contains an inert ingredient determined by a State or Federal
agency to be likely--
``(A) to be carcinogenic;
``(B) to be an endocrine disruptor;
``(C) to be highly toxic;
``(D) to cause harm to pregnant women or fetuses;
or
``(E) to cause neurological or developmental harm;
and''.
(b) Complete List of Inert Ingredients.--Section 3(c)(9) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a(c)(9)) is amended by adding at the end the following:
``(E) Complete list of inert ingredients.--
Notwithstanding any other provision of law, the label
or labeling required under this Act shall provide a
complete list of inert ingredients.''.
(c) Conforming Amendment.--Section 10(d) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136h(d)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by adding ``or'' at the
end;
(B) in subparagraph (B), by striking ``or'' at the
end; and
(C) by striking subparagraph (C); and
(2) in paragraph (3), by striking ``clause (A), (B), or
(C)'' each place it appears and inserting ``subparagraph (A) or
(B)''.
SEC. 9. CANCELLATION OF REGISTRATION OF ORGANOPHOSPHATES.
Section 6 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136d) (as amended by section 4) is amended by adding at
the end the following:
``(j) Cancellation of Registration of Organophosphate Pesticides.--
``(1) In general.--
``(A) Cancellation.--Effective on the date of
enactment of this subsection--
``(i) all pesticides of the class
organophosphate shall be deemed to generally
cause unreasonable adverse effects to humans;
and
``(ii) notwithstanding any other provision
of law, including subsection (b), the
registration of all uses of pesticides of the
class organophosphate shall be immediately and
permanently canceled by operation of law and
without further proceedings.
``(B) Revocation of tolerances and exemptions.--Not
later than 6 months after the date of enactment of this
subsection, the Administrator shall, in accordance with
section 408(b)(1)(B) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any
tolerance or exemption that allows the presence of an
organophosphate, or any pesticide chemical residue that
results from organophosphate use, in or on food.
``(2) Sale of existing stocks prohibited.--In accordance
with subsection (a)(1), effective on the date of enactment of
this subsection, the continued sale or use of existing stocks
of pesticides of the class organophosphate shall be prohibited.
``(3) No future organophosphate registrations.--Effective
on the date of enactment of this subsection, the Administrator
may not register any pesticide of the class organophosphate
under section 4.
``(4) Ineligibility for emergency use.--Notwithstanding any
other provision of law, a pesticide canceled under this
subsection shall not be eligible for use under section 18.''.
SEC. 10. CANCELLATION OF REGISTRATION OF NEONICOTINOIDS.
Section 6 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136d) (as amended by section 9) is amended by adding at
the end the following:
``(k) Cancellation of Registration of Neonicotinoid Pesticides.--
``(1) In general.--
``(A) Cancellation.--Effective on the date of
enactment of this subsection--
``(i) all active ingredients and pesticide
products containing 1 or more of the active
ingredients imidacloprid, clothianidin,
thiamethoxam, dinotefuran, acetamiprid,
sulfoxaflor, and flupyradifurone (referred to
in this subsection as `neonicotinoid
pesticides') shall be deemed to generally cause
unreasonable adverse effects to the
environment; and
``(ii) notwithstanding any other provision
of law, including subsection (b), the
registration of all uses of neonicotinoid
pesticides shall be immediately and permanently
canceled by operation of law and without
further proceedings.
``(B) Revocation of tolerances and exemptions.--Not
later than 6 months after the date of enactment of this
subsection, the Administrator shall, in accordance with
section 408(b)(1)(B) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any
tolerance or exemption that allows the presence of a
neonicotinoid pesticide, or any pesticide chemical
residue that results from neonicotinoid pesticide use,
in or on food.
``(2) Sale of existing stocks prohibited.--In accordance
with subsection (a)(1), effective on the date of enactment of
this subsection, the continued sale or use of existing stocks
of neonicotinoid pesticides shall be prohibited.
``(3) No future neonicotinoid registrations.--Effective on
the date of enactment of this subsection, the Administrator may
not register any neonicotinoid pesticide under section 4.
``(4) Ineligibility for emergency use.--Notwithstanding any
other provision of law, a pesticide canceled under this section
shall not be eligible for use under section 18.''.
SEC. 11. CANCELLATION OF REGISTRATION OF PARAQUAT.
Section 6 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136d) (as amended by section 10) is amended by adding at
the end the following:
``(l) Cancellation of Registration of Paraquat.--
``(1) In general.--
``(A) Cancellation.--Effective on the date of
enactment of this subsection--
``(i) paraquat shall be deemed to generally
cause unreasonable adverse effects to humans;
and
``(ii) notwithstanding any other provision
of law, including subsection (b), the
registration of all uses of paraquat shall be
immediately and permanently canceled by
operation of law and without further
proceedings.
``(B) Revocation of tolerances and exemptions.--Not
later than 6 months after the date of enactment of this
subsection, the Administrator shall, in accordance with
section 408(b)(1)(B) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any
tolerance or exemption that allows the presence of
paraquat, or any pesticide chemical residue that
results from paraquat use, in or on food.
``(2) Sale of existing stocks prohibited.--In accordance
with subsection (a)(1), effective on the date of enactment of
this subsection, the continued sale or use of existing stocks
of paraquat shall be prohibited.
``(3) No future paraquat registrations.--Effective on the
date of enactment of this subsection, the Administrator may not
register any paraquat pesticide under section 4.
``(4) Ineligibility for emergency use.--Notwithstanding any
other provision of law, a pesticide canceled under this section
shall not be eligible for use under section 18.''.
SEC. 12. EMPOWERING COMMUNITIES TO PROTECT THEMSELVES FROM PESTICIDES.
(a) In General.--Section 24 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136v) is amended--
(1) in subsection (a)--
(A) by inserting ``, or any political subdivision
of a State,'' after ``A State''; and
(B) by inserting ``or political subdivision'' after
``the State'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) Conforming Amendment.--Section 3(c)(5) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)) is
amended, in the fourth sentence of the undesignated matter following
subparagraph (D), by striking ``24(c) of this Act'' and inserting
``24(b)''.
SEC. 13. PROTECTING FARMWORKERS FROM DANGEROUS PESTICIDES.
(a) Language Requirements for Pesticide Products.--Section 3(c)(9)
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a(c)(9)) (as amended by section 8(b)) is amended by adding at the
end the following:
``(F) Language requirements for pesticide
products.--
``(i) In general.--The label for any
pesticide product shall be printed in both
English and Spanish.
``(ii) Other languages.--In a case in which
information exists that a pesticide product is
used in agriculture by more than 500 individual
persons or applicators who speak the same
language other than English or Spanish, the
Administrator shall provide a translation of
that label in the language used by those
individuals on the website of the Environmental
Protection Agency.
``(iii) Educational information.--The
Administrator shall provide educational
information to ensure that all users of a
pesticide product are aware that information is
available in alternate languages.''.
(b) Farmworker Safety.--The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.) is amended by adding at the end
the following:
``SEC. 36. FARMWORKER SAFETY.
``(a) Definitions.--In this section:
``(1) Farmworker.--The term `farmworker' means an
individual of any age that is employed in agriculture,
including as a pesticide user or applicator, for any length of
time, including migrant and seasonal employees, regardless of
classification as a full-time, part-time, or contract employee.
``(2) Farmworker incident.--The term `farmworker incident'
means exposure of a farmworker to an active ingredient, a
pesticide product, a tank mixture of multiple pesticides, a
metabolite, or a degradate that results in--
``(A) an illness or injury--
``(i) requiring medical attention or
hospitalization of the farmworker; or
``(ii) that requires the farmworker to stop
working temporarily or permanently;
``(B) a permanent disability or loss in function of
the farmworker; or
``(C) death of the farmworker.
``(b) Mandatory Duty To Report.--
``(1) In general.--Whenever a farmworker incident occurs,
the employer of each affected farmworker shall report the
incident to the Administrator.
``(2) Online system.--
``(A) In general.--Not later than 60 days after the
date of enactment of this section, the Administrator
shall implement and deploy an online system to
facilitate the reporting of farmworker incidents.
``(B) Requirements.--The online system under
subparagraph (A) shall include, at a minimum, a
description of, with respect to each farmworker
incident--
``(i) the time and location;
``(ii) the name of each active ingredient
and pesticide product involved;
``(iii) whether such a pesticide was
applied in accordance with the label
instructions;
``(iv) the harm that resulted to any
affected farmworker;
``(v) the nature of any medical care that
was sought by any affected farmworker; and
``(vi) any other pertinent information.
``(C) Anonymous reporting.--The Administrator shall
ensure that the online system under subparagraph (A)
allows for anonymous reporting to protect farmworkers
from retaliation.
``(c) Penalties for Failure To Report.--
``(1) Civil penalties.--An employer described in subsection
(b)(1) that fails to report a farmworker incident shall be
fined $1,000 per day beginning on the 8th day after the
farmworker incident occurs.
``(2) Criminal penalties.--An employer described in
subsection (b)(1) that knowingly fails to report a farmworker
incident, or that otherwise pressures or coerces a farmworker
to not report a farmworker incident, shall be liable for a
criminal penalty of up to $100,000, 6 months in prison, or
both.
``(3) Rewards.--The Administrator shall implement a reward
system that a provides monetary award of not less than $25,000
per person per farmworker incident that leads to the
identification of 1 or more employers that have failed to
report a farmworker incident.
``(4) Retaliation.--
``(A) In general.--Any person that takes punitive
action against a farmworker or a person that reports a
farmworker incident shall be liable for a criminal
penalty of not more than $100,000, 6 months in prison,
or both.
``(B) Immigration status.--No Federal agency shall
take any action regarding the immigration legal status
within the United States of a farmworker, including
initiating removal proceedings or any other prosecution
of the farmworker, based solely on any information
derived from the reporting or investigation of a
farmworker incident.
``(d) Preventing Future Harm to Farmworkers.--
``(1) In general.--Not later than 15 days after the receipt
of a report of a farmworker incident, the Administrator shall
transmit a report prepared by the Administrator of the
farmworker incident to--
``(A) the manufacturer of each involved pesticide
product; and
``(B) the manufacturer of each involved active
ingredient or ingredients.
``(2) Suspension.--Notwithstanding any other provision of
law, if a farmworker incident results in the death of a
farmworker, the pesticide product or active ingredient that
caused the death shall be immediately suspended, pending the
review required by this section.
``(3) Assessments.--
``(A) Pesticide product manufacturer.--Not later
than 60 days after the receipt of a report of a
farmworker incident, the manufacturer of the pesticide
product shall provide to the Administrator an
assessment of the farmworker incident, including
whether any changes to the label of the pesticide
product or active ingredient are warranted at the time
of the assessment to avoid future farmworker incidents.
``(B) Assessment by active ingredient
manufacturer.--Not later than 60 days after the receipt
of a report of a farmworker incident, the manufacturer
of each involved pesticide active ingredient shall
provide to the Administrator an assessment of the
farmworker incident, including whether any changes to
the pesticide product or active ingredient are
warranted at the time of the assessment to avoid future
farmworker incidents.
``(4) Determinations by administrator.--
``(A) Draft determination.--
``(i) In general.--Not later than the
earlier of 90 days after the receipt of an
assessment required by paragraph (3) and 180
days after the occurrence of the farmworker
incident, the Administrator shall make a draft
determination as to whether a change in the
label of an involved pesticide product or
active ingredient is warranted.
``(ii) Publication.--The Administrator
shall publish a determination under clause (i)
in the Federal Register for a period of 30 days
for public notice and comment.
``(B) Final determination.--Not later than 30 days
after the close of the public comment described in
subparagraph (A)(ii), the Administrator shall--
``(i) make a final determination as to
whether the label of the pesticide product
should be changed; and
``(ii) publish that final determination in
the Federal Register.
``(5) Cancellations.--
``(A) Failure to change label.--Notwithstanding any
other provision of law, including section 6(b), if the
manufacturer of a pesticide product or active
ingredient does not change the label of the applicable
product in accordance with a final determination of the
Administrator under paragraph (4)(B), the pesticide
product or active ingredient shall be immediately and
permanently canceled by operation of law and without
further proceedings.
``(B) Cancellation for failure to comply.--
Notwithstanding any other provision of law, including
section 6(b), if the manufacturer of the pesticide
product or active ingredient fails to comply with any
applicable provision of this section, the active
ingredient and all pesticide products containing the
active ingredient shall be immediately and permanently
canceled by operation of law and without further
proceedings.
``(e) Accounting for Farmworker Incidents During Registration
Review.--
``(1) In general.--Notwithstanding any other provision of
law, if a pesticide product or active ingredient is responsible
for not fewer than 10 farmworker incidents of any type, or not
fewer than 3 farmworker incidents resulting in death, and the
pesticide product or active ingredient has not received a final
determination regarding a registration review during the
preceding 15-year period, the Administrator shall immediately
suspend the pesticide product or active ingredient until a
final determination is made regarding the registration review
of the pesticide.
``(2) Reports.--The Administrator shall--
``(A) include in a final determination regarding
the registration review of a pesticide the registration
of which is suspended under paragraph (1) a full and
complete report describing each farmworker incident
that has occurred during the period covered by the
report; and
``(B)(i) require label changes to prevent
farmworker incidents from occurring in the future; or
``(ii) explain why no label changes under clause
(i) are warranted.
``(f) Citizen Suits.--
``(1) In general.--Any person may bring a civil action
against the Administrator where there is an alleged failure of
the Administrator to comply with any provision of this section.
``(2) Reviewability.--An action under subparagraph (A)
shall be reviewable in the district courts of the United States
pursuant to section 16(a).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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