A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to better protect the public from the hazards of pesticides, and for other purposes.
Federal Pesticide Reform Act of 1985 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require a person defined as a "certified applicator" to have undergone pesticide safety training.
Requires pesticide ingredient statements to list inert as well as active ingredients.
Eliminates from the definition of "misbranded" the provision relating to an unregistered pesticide manufactured in the United States solely for export.
Defines "data gap" and "adverse reproductive effect" for purposes of this Act.
Requires the registration of pesticides intended for export.
Permits public access to pesticide application information before a final registration decision has been reached.
Prohibits the registration of a pesticide having an adverse reproductive effect.
Restricts the use of conditional registration. Requires public access to supporting data for any such registration.
Repeals the interim administrative review provision which required a validated test or other significant evidence of adverse effect before initiation of a formal agency review.
Establishes a timetable for the registration of pesticides which have not been reregistered since September 30, 1978, and which: (1) are used on food crops or remain as residues in potable ground water; (2) have significant data gaps; or (3) cause mutagenic effects.
Requires specified additional data on inert ingredients. Prohibits registration of a pesticide containing an inert element which either by itself or in combination causes harmful environmental effects. Directs the Administrator of the Environmental Protection Agency (EPA) to develop a comprehensive plan for evaluating inert ingredients. Subjects information concerning the toxicity of inert ingredients to specified disclosure provisions.
Requires a registrant to disclose EPA information regarding any adverse effects (human or environmental) of a pesticide. (Currently the disclosure standard is unreasonable environmental effects.)
Directs the Administrator to initiate a cancellation hearing if materially false, misleading, or inaccurate supporting information has been submitted on behalf of a pesticide registration or residue tolerance.
Directs the Administrator to issue a notice of intent to cancel, or to hold a cancellation hearing, based upon a pesticide's substantial question of safety.
Permits any member of the public to initiate a cancellation hearing.
Revises cancellation hearing provisions, including: (1) giving the parties a right to participate; and (2) setting specific time limits for hearing dates and determinations.
Prohibits the reregistration of canceled, suspended, or withdrawn pesticides under conditional registration, experimental use, or special local need categories unless: (1) there is no available alternative; (2) there is a threat of significant infestation damage; and (3) data is available supporting the pesticide's effectiveness against such infestation.
Sets forth additional health and safety information for the Administrator to collect and make public regarding pesticide manufacturing plants.
Subjects pesticide exporters to recordkeeping requirements under such Act.
Provides for the disclosure of pesticide intermediary chemicals.
Repeals the prohibition on disclosure of health and safety information to foreign or multinational producers.
Requires commercial applicators to maintain pesticide spraying records.
Requires specified activities to reduce pesticide drift.
Prohibits the use in foreign countries of U.S.-submitted registration or licensing data.
Makes it unlawful to: (1) fail to disclose findings of additional risk; and (2) violate EPA regulations.
Repeals the provisions requiring Federal indemnification of holders of canceled or suspended pesticides.
Provides a private right of action for violations of such Act.
Prohibits the export of a pesticide whose U.S. registration has been canceled or withdrawn unless: (1) the exporter notifies the Administrator regarding quantity and destination; and (2) the Administrator has received a request for such pesticide from such country (after having provided such country with the appropriate data regarding the pesticide's cancellation).
Prohibits the importation of agricultural commodities with detectable residues of U.S.-prohibited pesticides.
Authorizes the Administrator to provide foreign countries with technical assistance to develop pesticide research and regulatory programs.
States that in exercising any authority under such Act, the Administrator shall not be preempting Department of Labor authority under the Occupational Safety and Health Act of 1970.
Places additional requirements on applications for special local needs registrations.
Authorizes EPA to establish and enforce standards for indoor pesticide residues.
Authorizes the Administrator to change pesticide use classifications or package labeling.
Directs the Administrator to: (1) establish a worker health and safety program; (2) establish within EPA's Office of Pesticide Programs a separate administrative unit responsible for pesticide workers' health and safety; and (3) issue pesticide worker safety regulations.
Directs the Administrator: (1) upon detection of pesticide groundwater contamination to notify the affected State and each registrant of such pesticide; and (2) to issue a notice of intent to cancel such pesticide's use registration unless the affected State acts to control further contamination or the registrant amends such use.
Requires the imposition of registration fees sufficient to run the registration program.
Protects employees from being dismissed or penalized for reporting violations of such Act.
Introduced in House
Introduced in House
Referred to House Committee on Agriculture.
Executive Comment Requested from USDA, EPA.
Referred to Subcommittee on Department Operations, Research, and Foreign Agriculture.
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