FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
               [As Amended Through P.L.  110 - 246, Effective May  22, 2008]

                                                 TABLE  OF CONTENTS

                                    U.S.C. 	Act Sec. 	Page

               7 U.S.C.
               prec.  121 	1. Short title and  table of contents ....................	3

               136 	2. Definitions .......................................................	7

               136a 	3. Registration of pesticides  ...............................	16

               136a - 1	4. Reregistration of registered pesticides .......... 	36

               136c 	5. Experimental use  permits   .............................	58

               136d 	6. Administrative  review; suspension  ...............	59

               136e 	7. Registration of establishments ......................	65

               136f 	8. Books  and  records  ..........................................	66

               136g 	9. Inspection of establishments, etc.  .................	66

                           136h 	10.  Protection of trade secrets and  other infor- 	68 mation.

               136i 	11. Use  of restricted use  pesticides; applicators 	70

               136j 	12. Unlawful acts  ................................................	72

               136k 	13. Stop  sale, use,  removal, and  seizure ...........	75

               136l 	14. Penalties  ........................................................	76

               136m 	15. Indemnities  ...................................................	77

               136n 	16. Administrative procedure; judicial review .. 	80

               136o 	17. Imports and  exports  .....................................	80

               136p 	18. Exemption of Federal and  State agencies .. 	82

                           136q 	19.  Storage, disposal, transportation,  and   re- 	82 call.

               136r 	20. Research and  monitoring .............................	87

                           136s 	21.  Solicitation of  comments; notice   of  public 	87 hearings.

               136t 	22. Delegation and  cooperation  .........................	87

               136u 	23. State cooperation, aid,  and  training  ...........	88

               136v 	24. Authority of States  .......................................	88

               136w 	25. Authority of Administrator  ..........................	89

               136w - 1	26. State primary enforcement responsibility .. 	93
              1

                                        FIFRA	2

                                         TABLE  OF CONTENTS -- Continued

                           136w - 2	27. Failure by the  State to assure enforcement	94 of State pesticide use  regulations.

               136w - 3	28.   Identification  of  pests;  cooperation  with 	94
                                  Department of Agriculture's program.

               136w - 4	29. Annual report  ...............................................	95

                           136w - 5	30.   Minimum  requirements   for   training  of	95 maintenance applicators and  service techni-
                                                  cians.

                           136w - 6	31.   Environmental  Protection  Agency   minor 	95 use  program.

                           136w - 7	32.  Department of Agriculture minor use  pro- 	96 gram.

               136w - 8	33. Pesticide registration service fees  ...............	97

               136x 	34. Severability  ...................................................	109

               136y 	35. Authorization for appropriations  .................	109
                 Bracketed material and  footnotes did  not  appear in Acts.

          3 	FIFRA

                                                                         AN ACT
Sec. 1

                To regulate the  marketing of economic poisons and  devices, 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.  ø7  U.S.C. prec.  121¿ SHORT TITLE AND   TABLE OF  CON- TENTS.
          (a) SHORT TITLE. -- This Act may  be cited  as  the  ``Federal  Insec- ticide, Fungicide, and  Rodenticide Act''.
              (b) TABLE OF  CONTENTS. --  1 - 1
             Section 1. Short title and  table of contents. (a) Short title.
          (b) Table  of contents. Sec. 2. Definitions.
             (a) Active  ingredient. (b) Administrator.
             (c) Adulterated. (d) Animal.
                (e) Certified applicator, etc. (1) Certified applicator. (2) Private applicator.
                (3) Commercial applicator.
                (4) Under the  direct supervision of a certified applicator.
             (f) Defoliant.
             (g) Desiccant.
             (h) Device.
             (i) District court.
             (j) Environment.
             (k) Fungus.
             (l) Imminent hazard.
             (m) Inert ingredient.
             (n) Ingredient statement.
             (o) Insect.
             (p) Label  and  labeling.
                                          (1) Label.
                                        (2) Labeling.
             (q) Misbranded.
             (r) Nematode.
             (s) Person.
             (t) Pest.
             (u) Pesticide.
             (v) Plant regulator.
             (w) Producer and  produce.
             (x) Protect health and  the  environment.
             (y) Registrant.
             (z) Registration.
             (aa)  State.
             (bb) Unreasonable adverse effects  on the  environment.
             (cc) Weed.
             (dd) Establishment.
              (ee)  To  use  any  registered pesticide in  a  manner inconsistent with its  labeling.
             (ff) Outstanding data requirement. (gg) To distribute or sell.
                           Sec. 3. Registration of pesticides.

          1 - 1 So  in  original. The  table of contents does  not  correspond to  the  contents of the  Act. Public Law  104 - 170 did  not  make conforming amendments to the  table of contents.

             (a) Requirement of registration. (b) Exemptions.
                (c) Procedure for registration. (1) Statement required.
                (2) Data in support of registration.
                (3) Time  for acting with respect to application.
                (4) Notice  of application.
                (5) Approval of registration.
                (6) Denial of registration.
                (7) Registration under special circumstances.
                (8) Interim administrative review.
             (d) Classification of pesticides.
                (1) Classification for general use,  restricted use,  or both.
                (2) Change in classification.
                (3)  Change in  classification from  restricted use  to  general use.
             (e) Products with same formulation and  claims.
             (f) Miscellaneous.
                (1) Effect  of change of labeling or formulation.
                (2) Registration not  a defense.
                (3) Authority to consult other Federal agencies.
                    Sec. 4. Reregistration of registered pesticides.
             (a) General rule.
             (b) Reregistration phases.
             (c) Phase one.
                (1) Priority for reregistration.
                (2) Reregistration lists.
                (3) Judicial review.
                (4) Notice  to registrants.
             (d) Phase two.
                (1) In  general.
                (2) Notice  of intent to seek  or not  to seek  reregistration.
                (3) Missing or inadequate data.
                (4) Time  periods.
                (5) Cancellation and  removal.
                (6) Suspensions and  penalties.
             (e) Phase three.
                (1) Information about studies.
                (2) Time  periods.
                (3) Cancellation.
                (4) Guidelines.
                (5) Monitoring.
             (f) Phase four.
              (1) Independent review and  identification of outstanding data re- quirements.
                (2) Time  periods.
                (3) Suspensions and  penalties.
             (g) Phase five.
                (1) Data review.
                (2) Reregistration and  other actions.
             (h) Compensation of data submitter.
             (i) Fees.
                (1) Initial fee for food or feed  use  pesticide active ingredients.
                (2) Final fee for food or feed  use  pesticide active ingredients.
                (3) Fees  for other pesticide active ingredients.
              (4)  Reduction or  waiver of  fees  for  minor use   and   other  pes- ticides.
                (5) Maintenance fee. (6) Other fees.
                (7) Apportionment.
             (j) Exemption of certain registrants.
             (k) Reregistration and  expedited processing fund.
                (1) Establishment.
                (2) Source and  use.
             (3)  1 - 2Review of inert ingredients; expedited processing of similar applications.
                (4) Unused funds.
                (5) Accounting.
             (l) Judicial review.
                           Sec. 5. Experimental use  permits.
             (a) Issuance.
             (b) Temporary tolerance level.
             (c) Use  under permit.
             (d) Studies.
             (e) Revocation.
             (f) State issuance of permits.
             (g) Exemption for agricultural research agencies.
                       Sec. 6. Administrative review; suspension.

            1 - 2 So  in  original (as  added by  sec.  501(g)(1)   of  P.L.   108 - 199). Probably  should  be  indented further.

                (a) Cancellation after five years. (1) Procedure.
                (2) Information.
             (b) Cancellation and  change in classification or labels.
             (c) Suspension.
                (1) Order.
                (2) Expedite hearing.
                (3) Emergency order.
                (4) Judicial review.
             (d) Public hearings and  scientific review.
             (e) Conditional registration.
             (f) General provisions.
                (1) Voluntary cancellation.
                (2) Publication of notice.
              (3) Transfer of registration of pesticides registered for minor ag- ricultural uses.
              (g) Notice  for  stored pesticides with canceled or  suspended registra- tions.
                (1) In  general. (2) Copies.
             (h) Judicial review.
                         Sec. 7. Registration of establishments.
             (a) Requirements.
             (b) Registration.
             (c) Information required.
             (d) Confidential records and  information.
          Sec. 8. Records.
             (a) Requirement.
             (b) Inspection.
                       Sec. 9. Inspection of establishments, etc.
             (a) In  general.
             (b) Warrants.
             (c) Enforcement.
                (1) Certification of facts  to Attorney General.
                (2) Notice  not  required.
                (3) Warning notices.
          Sec. 10. Protection of trade secrets and  other information.
             (a) In  general.
             (b) Disclosure.
             (c) Disputes.
             (d) Limitations.
             (e) Disclosure to contractors.
             (f) Penalty for disclosure by Federal employees.
             (g) Disclosure to foreign and  multinational pesticide producers.
          Sec. 11. Use  of restricted use  pesticides; applicators.
             (a) Certification procedure.
                (1) Federal certification.
                (2) State certification.
             (b) State plans.
             (c) Instruction in integrated pest management techniques.
             (d) In  general.
             (e) Separate standards.
                                 Sec. 12. Unlawful acts.
             (a) In  general.
             (b) Exemptions.
          Sec. 13. Stop  sale, use,  removal, and  seizure.
             (a) Stop  sale, etc.,  orders.
             (b) Seizure.
             (c) Disposition after condemnation.
             (d) Court costs,  etc.
          Sec. 14. Penalties.
             (a) Civil  penalties.
                (1) In  general.
                (2) Private applicator.
                (3) Hearing.
                (4) Determination of penalty.
                (5) References to Attorney General.
             (b) Criminal penalties.
                (1) In  general.
                (2) Private applicator.
                (3) Disclosure of information.
                (4) Acts  of officers,  agents, etc.
                                  Sec. 15. Indemnities.

                (a) General indemnification. (1) In  general.
                (2) Exception. (3) Report.
                (4) Appropriation.
             (b) Indemnification of end  users, dealers, and  distributors.
                (1) End  users.
                (2) Dealers and  distributors.
                (3) Source.
                (4) Administrative settlement.
             (c) Amount of payment.
                (1) In  general.
                (2) Special rule.
          Sec. 16. Administrative procedure; judicial review.
             (a) District court review.
             (b) Review  by Court of Appeals.
             (c) Jurisdiction of district courts.
             (d) Notice  of judgments.
                             Sec. 17. Imports and  exports.
             (a) Pesticides and  devices intended for export.
             (b) Cancellation notices furnished to foreign governments.
             (c) Importation of pesticides and  devices.
             (d) Cooperation in international efforts.
             (e) Regulations.
          Sec. 18. Exemption of Federal and  State agencies.
          Sec. 19. Storage, disposal, transportation, and  recall.
             (a) Storage, disposal, and  transportation.
                (1) Data requirements and  registration of pesticides.
                (2) Pesticides.
                (3) Containers, rinsates, and  other materials.
             (b) Recalls.
                (1) In  general.
                (2) Voluntary recall.
                (3) Mandatory recall.
                (4) Recall  procedure.
                (5) Contents of recall plan.
                (6) Requirements or procedures.
             (c) Storage costs.
                (1) Submission of plan.
                (2) Reimbursement.
              (d)  Administration  of  storage,  disposal, transportation,  and   recall programs.
                (1) Voluntary agreements.
                (2) Rule  and  regulation review.
                (3) Limitations.
                (4) Seizure and  penalties.
             (e) Container design.
                (1) Procedures.
                (2) Compliance.
             (f) Pesticide residue removal.
                (1) Procedures.
                (2) Compliance.
                (3) Solid  Waste Disposal Act.
             (g) Pesticide container study.
                (1) Study.
                (2) Report.
             (h) Relationship to Solid  Waste Disposal Act.
                           Sec. 20. Research and  monitoring.
             (a) Research.
             (b) National monitoring plan.
             (c) Monitoring.
          Sec. 21. Solicitation of comments; notice  of public  hearings.
             (a) Secretary of Agriculture.
             (b) Views.
             (c) Notice.
                          Sec. 22. Delegation and  cooperation.
             (a) Delegation.
             (b) Cooperation.
          Sec. 23. State cooperation, aid,  and  training.
             (a) Cooperative agreements.
             (b) Contracts for training.
             (c) Information and  education.
          Sec. 24. Authority of States.
             (a) In  general.
             (b) Uniformity.
             (c) Additional uses.
                          Sec. 25. Authority of Administrator.

             (a) In  General.
                (1) Regulations. (2) Procedure.
                (3) Congressional committees.
             (4) Congressional review of regulations. (b) Exemption of pesticides.
             (c) Other authority.
             (d) Scientific advisory panel.
             Sec.  26.  State primary enforcement responsibility. (a) In  general.
             (b) Special rules. (c) Administrator.
          Sec.  27.  Failure  by   the    State  to   assure   enforcement  of   State   pesticide  use
             regulations. (a) Referral.
             (b) Notice.
             (c) Construction.
          Sec.  28.  Identification  of   pests;  cooperation  with  Department   of   Agriculture's
             program. (a) In  general.
                (b) Pest control availability. (1) In  general.
                (2) Report.
          (c) Integrated pest management. Sec.  29.  Annual report.
          Sec.  30.  Minimum requirements for training of maintenance applicators and  service
                                          technicians.
          Sec. 31. Environmental Protection Agency  minor use  program. Sec. 32. Department of Agriculture minor use  program.
             (a) In  general.
             (b)(1) Minor  use  pesticide data.
          (2) Minor  Use  Pesticide Data Revolving Fund. Sec. 33. Pesticide registration service fees.
             (a) Definition of costs. (b) Fees.
                (1) In  general.
                (2) Covered pesticide registration applications.
                (3) Schedule of covered applications and  registration service fees. (4) Pending pesticide registration applications.
                (5) Resubmission of pesticide registration applications. (6) Fee  adjustment.
                (7) Waivers and  reductions. (8) Refunds.
                (c) Pesticide Registration Fund. (1) Establishment.
                (2) Transfers to Fund.
                (3) Expenditures from  Fund.
                (4) Collections and  appropriations Acts. (5) Unused funds.
             (d) Assessment of fees.
                (1) Definition of covered functions.
                (2) Minimum amount of appropriations. (3) Use  of fees.
                (4) Compliance.
                (5) Subsequent authority.
             (e) Reforms to reduce decision time review periods. (f) Decision time review periods.
                (1) In  general. (2) Report.
                (3) Applications subject to decision time review periods. (4) Start of decision time review period.
             (5) Extension of decision time review period. (g) Judicial review.
                (1) In  general. (2) Scope.
                (3) Timing.
             (4) Remedies. (h) Accounting.
             (i) Auditing.
                (1) Financial statements of agencies. (2) Components.
             (3) Inspector General. (j) Personnel levels.
             (k) Reports.
                (1) In  general. (2) Contents.
             (l) Savings clause.
                (m) Termination of effectiveness. (1) In  general.
          (2) Phase out. Sec. 34. Severability.
          Sec. 35. Authorization for appropriations.
          SEC.  2. ø7 U.S.C. 136¿ DEFINITIONS.
                                For  purposes of this  Act --

              (a) ACTIVE INGREDIENT. -- The term ``active ingredient'' means --  (1) in  the  case  of a  pesticide other than a  plant regulator, defoliant, desiccant, or  nitrogen stabilizer, an  ingredient  which
              will prevent, destroy, repel, or mitigate any  pest;
            (2)  in  the   case  of  a  plant regulator, an  ingredient  which,
              through  physiological action, will  accelerate or  retard the  rate of growth or rate of maturation or otherwise alter the  behavior of ornamental or crop  plants or the  product thereof;
              (3)  in   the   case   of  a  defoliant,  an   ingredient  which   will cause the  leaves or foliage  to drop  from  a plant;
              (4) in  the  case  of a desiccant, an  ingredient which  will  arti- ficially  accelerate the  drying of plant tissue; and
              (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.
          (b) ADMINISTRATOR. -- The  term  ``Administrator'' means  the  Ad- ministrator of the  Environmental  Protection Agency.
          (c) ADULTERATED. -- The term  ``adulterated'' applies to  any  pes- ticide if --
              (1) its  strength or purity falls  below  the  professed standard of quality as  expressed on  its  labeling under which   it is  sold; (2)  any   substance has   been   substituted wholly   or  in  part
              for the  pesticide; or
              (3) any  valuable constituent of the  pesticide has  been  whol- ly or in part abstracted.
          (d)  ANIMAL. -- The term  ``animal'' means all  vertebrate and   in- vertebrate  species, including  but   not   limited  to   man  and   other mammals, birds, fish,  and  shellfish.
              (e) CERTIFIED  APPLICATOR, ETC. --
              (1) CERTIFIED  APPLICATOR. -- The term ``certified  applicator'' means any  individual who  is  certified under section 11  as  au- thorized to  use  or  supervise the  use  of any  pesticide which   is classified for restricted use.  Any applicator who holds  or applies registered pesticides, or  uses dilutions of registered pesticides consistent with subsection (ee), only  to provide a service of con- trolling pests without delivering any  unapplied pesticide to any person so  served is  not  deemed to  be  a  seller or  distributor of pesticides under this Act.
              (2)  PRIVATE  APPLICATOR. -- The term  ``private   applicator'' means a  certified applicator who  uses or  supervises the  use  of any  pesticide which  is  classified for  restricted use  for  purposes of producing any  agricultural  commodity on  property owned  or rented by  the  applicator or  the  applicator's employer or  (if ap- plied  without compensation other than trading of personal serv- ices   between  producers  of  agricultural   commodities) on   the property of another person.
              (3) COMMERCIAL APPLICATOR. -- The term ``commercial  appli- cator'' means an  applicator (whether or  not  the  applicator is  a private applicator with respect to  some  uses) who  uses or  su- pervises  the   use   of  any   pesticide  which   is  classified  for  re- stricted use  for  any  purpose or  on  any  property other than as provided by paragraph  (2).
              (4) UNDER THE DIRECT SUPERVISION OF  A CERTIFIED APPLI- CATOR. -- Unless otherwise prescribed by its  labeling, a pesticide shall be  considered to  be  applied under the  direct supervision

              of a  certified applicator if it is  applied by  a  competent person acting under the   instructions and   control of  a  certified appli- cator who is available if and  when needed, even  though such certified applicator  is  not   physically present at the   time and place  the  pesticide is applied.
          (f) DEFOLIANT. -- The term ``defoliant'' means any   substance  or mixture of substances intended for  causing the  leaves or  foliage  to drop  from  a plant, with or without causing abscission.
          (g) DESICCANT. -- The term ``desiccant'' means any  substance or mixture of substances intended for  artificially accelerating the  dry- ing  of plant tissue.
          (h)  DEVICE. -- The term ``device'' means any  instrument or  con- trivance (other than a  firearm) which  is  intended for  trapping,  de- stroying,  repelling,  or  mitigating  any   pest  or  any   other  form   of plant or animal life (other than man and  other than bacteria, virus, or other microorganism on or in living  man or other living  animals); but  not  including equipment used for  the  application of pesticides when sold  separately therefrom.
          (i) DISTRICT  COURT. -- The term ``district  court'' means a  United States district court, the  District Court of Guam, the  District Court of the  Virgin Islands, and  the  highest court of American Samoa.
          (j) ENVIRONMENT. -- The term ``environment'' includes  water, air, land, and  all  plants and  man and  other animals living  therein, and the  interrelationships which  exist among these.
          (k)  FUNGUS. -- The term  ``fungus'' means any   non-chlorophyll- bearing thallophyte (that is,  any  non-chlorophyll-bearing plant of a lower   order  than  mosses and   liverworts),  as   for   example, rust, smut, mildew, mold,  yeast, and  bacteria, except those on or in living man or other animals and  those on or in  processed food, beverages, or pharmaceuticals.
          (l) IMMINENT  HAZARD. -- The term  ``imminent hazard''  means a situation which  exists when the  continued use  of a pesticide during the  time required for  cancellation proceeding would  be  likely  to  re- sult in  unreasonable adverse effects  on  the  environment or  will  in- volve  unreasonable hazard to  the  survival of a  species declared en- dangered by the  Secretary of the  Interior under Public Law  91 - 135. (m)  INERT INGREDIENT. -- The term ``inert  ingredient'' means an
          ingredient which  is not  active.
              (n)  INGREDIENT  STATEMENT. -- The term ``ingredient statement''
          means a statement which  contains --
                  (1) the  name and  percentage of each  active ingredient, and
              the   total percentage of  all  inert ingredients, in  the   pesticide;
              and
              (2)  if  the   pesticide contains arsenic in  any   form,  a  state- ment of the  percentages of total and  water soluble arsenic, cal- culated as  elementary arsenic.
          (o)  INSECT. -- The term  ``insect'' means  any   of  the   numerous small invertebrate animals generally having the  body  more  or  less obviously  segmented,  for   the   most   part  belonging to   the   class insecta,  comprising six-legged, usually  winged forms, as  for  exam- ple,  beetles, bugs,  bees,  flies,  and  to  other allied classes of arthro- pods  whose  members are  wingless and  usually have more  than six legs,  as  for example, spiders, mites, ticks, centipedes, and  wood lice.
              (p) LABEL AND LABELING. --

              (1) LABEL. -- The term ``label'' means the  written, printed, or graphic matter on, or attached to, the  pesticide or device  or any of its  containers or wrappers.
              (2)  LABELING. -- The term  ``labeling'' means all  labels and all  other written, printed, or graphic matter --
                      (A) accompanying the  pesticide or  device  at any  time;
                  or
                      (B)  to  which   reference is  made on  the   label   or  in  lit-
                  erature  accompanying the  pesticide or device,  except to cur- rent official  publications of the  Environmental Protection Agency,  the  United States Departments of Agriculture and Interior, the   Department of  Health and   Human  Services, State experiment stations, State agricultural  colleges, and other similar Federal or  State institutions or  agencies au- thorized  by  law   to  conduct research  in  the   field   of  pes- ticides.
              (q) MISBRANDED. --
                  (1) A pesticide is misbranded  if --
                      (A) its  labeling bears any  statement, design, or graphic
                  representation relative thereto or  to  its  ingredients  which
                  is false  or misleading in any  particular;
                      (B)  it is  contained in  a  package or  other container or
                  wrapping which   does  not  conform to  the  standards estab-
                  lished by the  Administrator pursuant to section 25(c)(3);
                      (C) it is an  imitation of, or is offered  for sale  under the
                  name of, another pesticide;
                      (D) its  label  does  not  bear the  registration number as-
                  signed under  section 7  to  each   establishment in  which   it
                  was  produced;
                      (E) any  word,  statement, or other information required
                  by or  under authority of this Act  to  appear on  the  label  or
                  labeling is  not  prominently placed thereon with such   con-
                  spicuousness (as  compared with other words, statements,
                  designs,  or  graphic matter  in   the   labeling)  and   in   such
                  terms as  to  render it likely   to  be  read and  understood  by
                  the  ordinary individual under customary conditions of pur-
                  chase and  use;
                      (F)  the   labeling accompanying it does  not  contain  di-
                  rections for  use  which  are  necessary for  effecting the  pur-
                  pose   for  which   the   product  is  intended  and   if  complied
                  with, together with any   requirements  imposed under  sec-
                  tion  3(d) of this Act, are  adequate to protect health and  the
                  environment;
                      (G)  the   label   does   not   contain a  warning or  caution
                  statement which   may   be  necessary and   if  complied with,
                  together with any  requirements  imposed under section 3(d)
                  of this Act,  is  adequate to  protect health and  the  environ-
                  ment; or
                      (H)  in  the  case  of a  pesticide not  registered in  accord-
                  ance  with section 3 of this Act and  intended for export, the
                  label  does  not  contain, in  words  prominently placed there-
                  on   with  such   conspicuousness  (as   compared with  other
                  words, statements,  designs, or  graphic matter in  the  label-
                  ing)  as  to  render it likely  to  be noted by the  ordinary indi-

                  following:  ``Not Registered for  Use  in  the  United States of
                  America''.
                  (2) A pesticide is misbranded  if --
                      (A) the  label  does  not  bear an  ingredient statement on
                  that part of the   immediate container (and   on  the   outside
                  container or wrapper of the  retail package, if there be one,
                  through which  the  ingredient statement on  the  immediate
                  container cannot be clearly read) which  is presented or dis-
                  played under customary conditions of purchase, except that
                  a pesticide is not  misbranded under this subparagraph  if --
                          (i) the  size  or  form  of the  immediate container, or
                      the  outside container or wrapper of the  retail package,
                      makes it impracticable to  place   the   ingredient state-
                      ment  on   the   part  which   is   presented  or   displayed
                      under customary conditions of purchase; and
                          (ii)  the  ingredient statement appears prominently
                      on  another part of the  immediate container, or outside
                      container or  wrapper, permitted by  the  Administrator;
                      (B) the  labeling does  not  contain a statement of the  use
                  classification under which  the  product is registered;
                      (C) there is not  affixed to its  container, and  to the  out-
                  side  container or  wrapper of the  retail package, if there be
                  one,  through which  the  required information on  the  imme-
                  diate container cannot be clearly read, a label  bearing --
                          (i)  the   name  and   address  of  the   producer,  reg-
                      istrant, or person for whom  produced;
                          (ii)  the   name, brand,  or  trademark  under  which
                      the  pesticide is sold;
                          (iii)  the  net  weight or  measure of the  content,  ex-
                      cept   that  the   Administrator  may   permit  reasonable
                      variations; and
                          (iv)  when required  by  regulation of  the   Adminis-
                      trator to  effectuate the   purposes of this Act,  the   reg-
                      istration number assigned to  the   pesticide under this
                      Act, and  the  use  classification; and
                      (D) the  pesticide contains any  substance or  substances
                  in  quantities  highly toxic  to  man, unless the   label   shall
                  bear, in addition to any  other matter required by this Act --
                                     (i) the  skull and  crossbones;
                          (ii)  the   word   ``poison'' prominently  in   red   on   a
                      background of distinctly contrasting color; and
                          (iii)  a  statement of a  practical treatment  (first aid
                      or otherwise) in case  of poisoning by the  pesticide.
              (r)  NEMATODE. -- The term ``nematode''  means invertebrate  ani-
          mals of the  phylum nemathelminthes and  class  nematoda, that is,
          unsegmented round worms with elongated, fusiform, or saclike bod-
          ies  covered with cuticle, and  inhabiting soil,  water, plants, or plant
          parts; may  also  be called nemas or eelworms.
              (s) PERSON. -- The term ``person'' means any  individual, partner-
          ship,  association,  corporation,  or  any   organized  group  of  persons
          whether incorporated or not.
              (t) PEST. -- The term ``pest'' means (1) any  insect, rodent, nema-
          tode,  fungus, weed,  or  (2)  any  other form  of terrestrial or  aquatic
          plant or  animal life  or  virus, bacteria, or  other micro-organism (ex-

          or  other living   animals) which   the  Administrator declares to  be  a pest under section 25(c)(1).
          (u)  PESTICIDE. -- The term ``pesticide'' means (1)  any  substance or mixture of substances intended for preventing, destroying, repel- ling,  or  mitigating any  pest, (2)  any  substance or  mixture of sub- stances intended for  use   as   a  plant  regulator, defoliant, or  des-
          iccant, and   (3)  any   nitrogen stabilizer, except that  the   term ``pes-
          ticide''  shall not   include any   article that  is  a  ``new animal  drug'' within the   meaning of  section 201(w)  of  the   Federal Food,  Drug, and  Cosmetic Act  (21  U.S.C.  321(w)),  that has  been  determined  by the  Secretary of Health and  Human Services not  to  be  a  new  ani- mal  drug by a regulation establishing conditions of use  for the  arti- cle,  or  that is  an  animal feed  within the  meaning of section 201(x) of such  Act  (21  U.S.C.  321(x))  bearing or  containing a  new  animal drug. The  term ``pesticide'' does  not  include liquid chemical sterilant products (including any  sterilant or subordinate disinfectant claims on such  products) for use  on a critical or semi-critical device,  as  de- fined   in  section 201  of the   Federal Food,  Drug, and   Cosmetic  Act (21  U.S.C.   321).  For  purposes of the  preceding sentence, the  term
          ``critical   device''  includes  any   device   which   is  introduced  directly into  the  human body,  either into  or in  contact with the  bloodstream or normally sterile areas of the  body  and  the  term ``semi-critical de- vice'' includes any  device  which  contacts intact mucous membranes but  which  does  not  ordinarily penetrate the  blood  barrier or  other- wise  enter normally sterile areas of the  body.
          (v) PLANT REGULATOR. -- The term ``plant  regulator'' means any substance or  mixture of substances intended, through physiological action, for accelerating or retarding the  rate of growth or rate of maturation, or  for  otherwise altering the  behavior of plants or  the produce thereof, but  shall not  include substances to the  extent that they are   intended as  plant nutrients, trace elements, nutritional chemicals, plant  inoculants, and   soil  amendments. Also,  the   term
          ``plant  regulator'' shall  not   be  required to  include any   of  such   of those  nutrient  mixtures  or   soil   amendments  as   are   commonly known as  vitamin-hormone horticultural products, intended for  im- provement,  maintenance,   survival,  health,   and    propagation  of plants, and  as  are  not  for pest destruction and  are  nontoxic, nonpoi- sonous in the  undiluted packaged concentration.
          (w) PRODUCER  AND PRODUCE. -- The term ``producer'' means the person who  manufacturers,  prepares,  compounds, propagates, or processes any  pesticide or  device  or  active ingredient used in  pro- ducing a  pesticide. The  term ``produce'' means to  manufacture, pre- pare, compound, propagate, or process any  pesticide or device  or ac- tive  ingredient used in  producing a  pesticide. The  dilution by  indi- viduals of formulated pesticides for  their own  use  and  according to the  directions on  registered labels shall not  of itself  result in  such individuals being   included in  the   definition of  ``producer''  for  the purposes of this Act.
          (x) PROTECT HEALTH AND THE  ENVIRONMENT. -- The terms ``pro- tect  health and  the  environment'' and  ``protection of health and  the environment'' mean protection against any  unreasonable adverse ef- fects  on the  environment.
          (y)  REGISTRANT. -- The term  ``registrant'' means  a  person  who has  registered any  pesticide pursuant to  the  provisions of this  Act. (z) REGISTRATION. -- The term ``registration'' includes reregistra-
          tion.

          (aa)  STATE. -- The term  ``State'' means a  State, the   District of Columbia, the   Commonwealth of  Puerto Rico,  the   Virgin Islands, Guam,  the   Trust  Territory of  the   Pacific   Islands, and   American Samoa.
          (bb) UNREASONABLE ADVERSE EFFECTS  ON  THE ENVIRON- MENT. -- The term  ``unreasonable adverse  effects   on   the   environ- ment'' means (1) any  unreasonable risk to man or the  environment, taking into  account the   economic, social,   and   environmental  costs and  benefits of the  use  of any  pesticide, or (2) a human dietary risk from  residues that result from  a use  of a pesticide in  or on any  food inconsistent with the   standard  under  section 408  of  the   Federal Food,  Drug, and   Cosmetic Act  (21  U.S.C.   346a). 2 - 1   The  Adminis- trator  shall consider the   risks and   benefits of  public   health  pes- ticides 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  pes- ticide against the  health risks such  as  the  diseases transmitted  by the  vector  to be controlled by the  pesticide.
          (cc)  WEED. -- The term  ``weed'' means any   plant which   grows where not  wanted.
          (dd)   ESTABLISHMENT. -- The  term  ``establishment'' means  any place  where a  pesticide or  device  or  active ingredient used in  pro- ducing a pesticide is produced, or held,  for distribution or sale.
          (ee)  TO   USE  ANY   REGISTERED PESTICIDE  IN   A  MANNER  INCON- SISTENT  WITH ITS LABELING. -- The term ``to use  any  registered pes- ticide in  a manner inconsistent with its  labeling''  means to use  any registered pesticide in  a  manner not  permitted by  the  labeling,  ex- cept  that the  term shall not  include (1) applying a  pesticide at any dosage, concentration, or  frequency less  than that  specified on  the labeling unless the  labeling specifically prohibits deviation from  the specified dosage,  concentration,  or  frequency,  (2)  applying  a  pes- ticide against any  target pest not  specified on the  labeling if the  ap- plication is to the  crop,  animal, or site  specified on the  labeling, un- less   the   Administrator has   required that  the   labeling  specifically state that the  pesticide may  be used only  for  the  pests specified on the  labeling after the  Administrator has  determined that the  use  of the  pesticide against other pests would  cause an  unreasonable ad- verse effect  on the  environment, (3) employing any  method of appli- cation not  prohibited by the  labeling unless the  labeling specifically states that the  product may  be  applied only  by  the  methods speci- fied  on  the  labeling, (4) mixing a  pesticide or  pesticides with a  fer- tilizer when such  mixture is  not  prohibited by the  labeling, (5) any use  of a  pesticide in  conformance with section 5,  18,  or  24  of this Act,  or  (6)  any   use  of  a  pesticide in  a  manner that the   Adminis- trator  determines to  be  consistent with the   purposes of  this  Act. After  March 31,  1979,  the  term shall not  include the  use  of a  pes- ticide for  agricultural or  forestry purposes at a  dilution less  than label   dosage unless  before   or  after that  date the   Administrator issues a regulation or advisory opinion consistent with the  study provided for  in  section 27(b)  of the   Federal Pesticide Act  of 1978, which  regulation or advisory opinion specifically requires the  use  of definite amounts of dilution.
              (ff) OUTSTANDING DATA  REQUIREMENT. --

            2 - 1 Sec.  304  of P.L.  104 - 170 amended sec.  2(bb)  (7 U.S.C.  136(bb))  by inserting ``(1)'' and
          ``,  or  (2)'' and  all  that follows  through ``346a).'', without specifying the  Act  that was  being amended. The  amendments were  executed to  this Act  to  effectuate the  probable intent of Congress.

              (1) IN  GENERAL. -- The term ``outstanding data requirement'' means a  requirement for  any  study, information, or  data that is  necessary to  make a  determination under section 3(c)(5)  and which  study, information, or data --
                      (A) has  not  been  submitted to the  Administrator; or
                  (B)  if  submitted  to  the   Administrator,  the   Adminis- trator has   determined must be  resubmitted because it is not  valid, complete, or  adequate to  make a  determination under  section 3(c)(5)  and   the   regulations  and   guidelines issued under such  section.
              (2) FACTORS. -- In making a determination under paragraph (1)(B)  respecting a  study, the  Administrator shall examine, at a  minimum, relevant  protocols, documentation  of  the   conduct and  analysis of the  study, and  the  results of the  study to deter- mine  whether the  study and  the  results of the  study fulfill  the data requirement for  which  the  study was  submitted to  the Administrator.
          (gg)  TO   DISTRIBUTE  OR   SELL. -- The term ``to distribute or  sell'' means to  distribute, sell,  offer  for  sale, hold  for  distribution,  hold for  sale, hold  for  shipment, ship, deliver for  shipment,  release for shipment, or receive and  (having so received) deliver or offer  to  de- liver.  The  term does  not  include the  holding or  application of reg- istered  pesticides or  use   dilutions  thereof by  any   applicator  who provides a  service of  controlling pests without delivering any unapplied pesticide to any  person so served.
          (hh)   NITROGEN   STABILIZER. -- The term   ``nitrogen    stabilizer'' means any   substance or  mixture of  substances intended for  pre- venting or hindering the  process of nitrification, denitrification, am- monia 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 Jan- uary 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 volatiliza- tion  urease production regardless of the  actual use  or  pur- pose  for, or future use  or purpose for, the  substance or mix- ture.
          Statements  made in   materials  required  to  be  submitted  to  any State  legislative or  regulatory authority, or  required by  such   au- thority to  be  included  in  the   labeling  or  other  literature  accom- panying any  such  substance or  mixture shall not  be  deemed a  spe- cific claim  within the  meaning of this subsection.
          (jj) 2 - 2  MAINTENANCE  APPLICATOR. -- The term ``maintenance ap- plicator''  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 con- trol   or  lawn pest control including janitors, general maintenance

          2 - 2 So in original (as  added by sec. 120  of P.L.  104 - 170). This  subsection should probably be ``(ii)'' and  subsequent subsections should be redesignated accordingly.

          personnel,  sanitation   personnel,  and    grounds  maintenance  per- sonnel. The  term ``maintenance applicator'' does  not  include private applicators as defined in section 2(e)(2); individuals who use  anti- microbial  pesticides,  sanitizers   or   disinfectants;   individuals  em- ployed  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, nurs- eries, 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  pur- pose  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 prod- ucts  pesticides.
          (ll) MINOR USE. -- The term ``minor use'' means the  use  of a pes- ticide 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 reg- istration or  continuing registration of a  pesticide for  such   use and --
                  (A)  there  are   insufficient  efficacious alternative   reg- istered 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 signifi- cant part in managing pest resistance; or
                  (D) the  minor use  pesticide plays or will  play  a signifi- cant part in an  integrated pest management program.
          The  status as  a  minor use  under this subsection shall continue as long  as  the  Administrator has  not  determined that, based on  exist- ing  data, such  use  may  cause an  unreasonable adverse effect  on the environment and  the  use  otherwise qualifies for such  status.
              (mm)  ANTIMICROBIAL PESTICIDE. --
                  (1) IN  GENERAL. -- The term ``antimicrobial pesticide''  means
              a pesticide that --
                      (A) is intended to --
                          (i) disinfect, sanitize, reduce, or mitigate growth or
                      development of microbiological organisms; or
                          (ii)  protect inanimate  objects, industrial  processes
                      or   systems,  surfaces,  water,  or   other  chemical  sub-
                      stances  from   contamination,  fouling, or  deterioration
                      caused by  bacteria,  viruses,  fungi, protozoa, algae, or
                      slime;  and
                      (B)  in  the   intended use  is  exempt from,  or  otherwise
                  not  subject to,  a tolerance under section 408  of the  Federal
                  Food,  Drug, and  Cosmetic Act  (21  U.S.C.  346a  and  348)  or
                  a food additive regulation under section 409 of such  Act.

              (2)   EXCLUDED   PRODUCTS. -- The  term  ``antimicrobial pes- ticide'' does  not  include  --
                  (A) a wood preservative or antifouling paint product for which   a  claim  of pesticidal activity other than or  in  addi- tion  to an  activity described in paragraph (1) is made;
                      (B) an  agricultural  fungicide product; or
                      (C) an  aquatic herbicide product.
                  (3)   INCLUDED    PRODUCTS. -- The  term   ``antimicrobial pes-
              ticide'' does  include any  other chemical sterilant  product (other
              than  liquid  chemical sterilant   products  exempt  under  sub-
              section (u)), any  other disinfectant product, any  other industrial
              microbiocide product,  and   any  other preservative product that
              is not  excluded by paragraph  (2).
              (nn)  PUBLIC  HEALTH PESTICIDE. -- The term ``public health pes-
          ticide''  means any   minor use   pesticide product registered  for  use
          and   used predominantly in  public   health programs for  vector   con-
          trol   or  for  other  recognized health protection uses, including the
          prevention or  mitigation of  viruses, bacteria,  or  other  microorga-
          nisms (other than viruses, bacteria, or  other microorganisms on  or
          in  living   man or  other living   animal) that pose  a  threat to  public
          health.
              (oo) VECTOR. -- The term  ``vector'' means any  organism 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. ø7 U.S.C. 136a¿ REGISTRATION OF PESTICIDES.
          (a)   REQUIREMENT   OF    REGISTRATION. -- Except  as   provided  by this Act, no person in any  State may  distribute or sell  to any  person any   pesticide that  is  not  registered under this Act.  To  the   extent necessary to  prevent unreasonable adverse effects   on  the  environ- ment, the   Administrator may  by  regulation limit the   distribution, sale, or  use   in  any   State of  any   pesticide that  is  not   registered under this Act  and  that is  not  the  subject of an  experimental use permit under section 5  or  an  emergency exemption under  section
          18.
              (b)  EXEMPTIONS. -- A pesticide which  is  not  registered with the
          Administrator may  be transferred  if --
                  (1) the  transfer is from  one  registered establishment to an-
              other registered establishment operated by  the  same producer
              solely  for  packaging at the  second establishment  or  for  use  as
              a  constituent part of another pesticide produced at the  second
              establishment; or
              (2) the  transfer is  pursuant to  and  in  accordance with the requirements of an  experimental use  permit.
              (c) PROCEDURE FOR REGISTRATION. --
                  (1) STATEMENT  REQUIRED. -- Each applicant for  registration
              of  a  pesticide shall  file  with  the   Administrator  a  statement
              which  includes --
                      (A) the  name and  address of the  applicant and  of any
                  other person whose  name will appear on the  labeling;
                      (B) the  name of the  pesticide;
                      (C)  a  complete copy  of the  labeling of the  pesticide, a
                  statement of  all  claims to  be  made for  it,  and   any   direc-
                  tions for its  use;
                      (D) the  complete formula of the  pesticide;

                  (E) a request that the  pesticide be classified for general use  or for restricted use,  or for both;  and
                  (F) except as  otherwise provided in  paragraph (2)(D), if requested by  the   Administrator, a  full  description of  the tests made and  the  results thereof upon  which  the  claims are  based, or alternatively a citation to data that appear in the  public  literature or that previously had  been  submitted to  the  Administrator and  that the  Administrator may  con- sider in accordance with the  following provisions:
                      (i) With  respect to pesticides containing active in- gredients that  are   initially registered  under  this  Act after the   date of  enactment of  the   Federal  Pesticide Act  of  1978  [September 30,  1978],   data  submitted to support the  application for  the  original registration of the  pesticide, or an  application for an  amendment add- ing  any  new  use  to  the  registration and  that pertains solely  to such  new  use,  shall not,  without the  written permission of  the   original data  submitter, be  consid- ered  by the  Administrator to support an  application by
                      another person during a  period of ten  years  following
                      the  date the  Administrator first registers the  pesticide,
                      except that  such   permission shall not  be  required in
                      the  case  of defensive data.
                          (ii)   The   period  of   exclusive data  use   provided
                      under clause (i) shall be extended 1 additional year for
                      each   3  minor uses registered after the   date of  enact-
                      ment of this clause [Aug.  3,  1996]  and  within 7 years
                      of the  commencement of the  exclusive use  period, up  to
                      a  total of  3  additional years  for  all  minor uses  reg-
                      istered by  the   Administrator if  the   Administrator, in
                      consultation with the   Secretary of  Agriculture, deter-
                      mines that, based on information provided by an  appli-
                      cant for registration or a registrant, that --
                              (I) there are  insufficient efficacious alternative
                          registered pesticides available for the  use;
                              (II)  the  alternatives to the  minor use  pesticide
                          pose  greater risks to  the   environment or  human
                                                 health;
                              (III)  the  minor use  pesticide plays or will  play
                          a  significant part in  managing pest resistance; or
                              (IV) the  minor use  pesticide plays or  will  play
                          a  significant part  in  an   integrated  pest manage-
                                              ment program.
                      The   registration of  a  pesticide for  a  minor use   on  a
                      crop  grouping established  by  the   Administrator shall
                      be  considered for  purposes of this clause 1  minor use
                      for  each   representative crop  for  which   data are   pro-
                      vided   in  the   crop  grouping. Any  additional  exclusive
                      use  period under this clause shall be  modified as  ap-
                      propriate  or  terminated  if  the   registrant  voluntarily
                      cancels the  product or deletes from  the  registration the
                      minor uses which  formed the  basis for the  extension of
                      the  additional  exclusive use  period or  if  the  Adminis-
                      trator determines that  the   registrant is  not   actually
                      marketing the  product for such  minor uses.

                      (iii)   Except  as   otherwise  provided  in   clause  (i), with  respect  to   data  submitted  after  December 31,
                      1969,  by an  applicant or registrant to support an  appli- cation for registration, experimental use  permit, or amendment adding a  new  use  to  an  existing registra- tion,  to  support or  maintain in  effect  an  existing reg-
                      istration, or  for  reregistration, the  Administrator may,
                      without the  permission of the  original data submitter, consider any  such  item of data in  support of an  appli- cation by any  other person (hereinafter in this sub- paragraph referred to as  the  ``applicant'') within the  fif- teen-year period following the  date the  data were  origi- nally submitted only  if the  applicant has  made an  offer to  compensate  the   original data  submitter  and   sub- mitted such  offer  to the  Administrator  accompanied by evidence of  delivery to  the   original data submitter of the  offer.  The  terms and  amount of compensation may be  fixed  by  agreement between the  original data sub- mitter and   the   applicant, or,  failing such   agreement, binding arbitration under this subparagraph. If, at the end   of  ninety days   after the   date of  delivery  to  the original data submitter of the  offer  to  compensate, the original data submitter and  the  applicant have neither agreed on  the  amount and  terms of compensation nor on   a   procedure  for   reaching  an   agreement  on   the amount and  terms of compensation, either person may initiate  binding arbitration  proceedings by  requesting the  Federal Mediation and  Conciliation Service to  ap- point an  arbitrator from  the  roster of arbitrators main- tained by such  Service. The  procedure and  rules of the Service shall be applicable to the  selection of such  arbi- trator  and   to  such   arbitration  proceedings, and   the findings and   determination of  the   arbitrator  shall be final   and   conclusive,  and   no  official   or  court  of  the United States  shall have power   or  jurisdiction to  re- view  any   such   findings and   determination,  except for fraud, misrepresentation, or  other  misconduct by  one of the  parties to the  arbitration or the  arbitrator where there is a verified complaint with supporting affidavits attesting to  specific  instances of such  fraud, misrepre- sentation, or other misconduct. The  parties to the  arbi- tration shall share equally in  the   payment of the   fee and  expenses of the  arbitrator. If the  Administrator de- termines that an  original data submitter has  failed  to participate in  a  procedure for  reaching an  agreement or in an  arbitration proceeding as  required by this sub- paragraph, or failed  to comply  with the  terms of an agreement or arbitration  decision concerning com- pensation under this subparagraph, the   original data submitter  shall forfeit   the   right to  compensation  for the  use  of the  data in  support of the  application. Not- withstanding any  other provision of this Act, if the  Ad- ministrator determines that an  applicant has  failed  to participate in  a  procedure for  reaching an  agreement or in an  arbitration proceeding as  required by this sub- paragraph, or  failed   to  comply   with the   terms of  an

                      agreement or arbitration  decision concerning com- pensation under this subparagraph, the  Administrator shall deny  the  application or  cancel the  registration of the   pesticide in  support of which   the   data were   used without  further   hearing.  Before    the    Administrator takes  action under  either  of  the   preceding  two   sen- tences, the  Administrator shall furnish to  the  affected person, by certified mail, notice  of intent to take action and  allow  fifteen days  from  the  date of delivery of the notice  for  the  affected person to  respond. If a  registra- tion  is denied or canceled under this subparagraph, the Administrator may   make such   order as  the   Adminis- trator deems appropriate concerning the  continued sale and   use  of existing stocks of such   pesticide. Registra- tion  action by  the  Administrator shall not  be  delayed pending the  fixing  of compensation.
                      (iv) After  expiration of any  period of exclusive use and  any  period for  which  compensation is  required  for the  use  of an  item of data under clauses (i),  (ii),  and
                      (iii),  the  Administrator may  consider such  item of data
                      in  support  of  an   application  by  any   other  applicant
                      without the  permission of the  original data submitter
                      and   without  an   offer   having  been   received  to   com-
                      pensate the  original data submitter for the  use  of such
                      item of data.
                          (v)  The   period  of  exclusive  use   provided under
                      clause (ii) shall not  take effect  until 1 year after enact-
                      ment of this clause [Aug.  3, 1996],  except where an  ap-
                      plicant or  registrant is  applying for  the  registration of
                      a  pesticide  containing  an   active  ingredient  not   pre-
                      viously registered.
                          (vi)  With  respect to  data submitted after the  date
                      of enactment of this clause [Aug.  3, 1996]  by an  appli-
                      cant or  registrant to  support an  amendment adding a
                      new  use  to an  existing registration that does  not  retain
                      any  period of exclusive use,  if such  data relates solely
                      to a minor use  of a pesticide, such  data shall not,  with-
                      out   the   written  permission of  the   original data  sub-
                      mitter, be  considered by  the  Administrator to  support
                      an  application for  a  minor use  by  another person dur-
                      ing  the  period of 10 years following the  date of submis-
                      sion  of  such   data. The  applicant or  registrant at the
                      time the   new  minor use  is  requested shall notify   the
                      Administrator that to  the  best  of their knowledge the
                      exclusive use  period for  the  pesticide has  expired and
                      that the   data pertaining solely  to  the   minor use  of a
                      pesticide  is   eligible  for   the   provisions  of  this  para-
                      graph. If the  minor use  registration which  is supported
                      by data submitted pursuant to this subsection is volun-
                      tarily  canceled or  if  such   data are   subsequently used
                      to support a nonminor use,  the  data shall no longer be
                      subject to  the   exclusive use   provisions of  this  clause
                      but  shall instead be considered by the  Administrator in
                      accordance with the  provisions of clause (i),  as  appro-
                      priate.

                  (G) If the  applicant is  requesting that the  registration or  amendment to  the   registration of  a  pesticide be  expe- dited, an  explanation of the  basis for the  request must be submitted, in  accordance with paragraph  (10)  of this sub- section.
                  (2) DATA  IN  SUPPORT OF  REGISTRATION. --
                      (A)   IN     GENERAL. -- The  Administrator   shall   publish
                  guidelines specifying the  kinds of information which  will  be
                  required to support the  registration of a pesticide and  shall
                  revise such  guidelines from  time to  time. If  thereafter the
                  Administrator requires any  additional kind of information
                  under subparagraph (B)  of  this paragraph, the   Adminis-
                  trator  shall permit sufficient time for  applicants to  obtain
                  such   additional information. The  Administrator, in  estab-
                  lishing standards for data requirements for the  registration
                  of pesticides with respect to  minor uses, shall make such
                  standards  commensurate with  the   anticipated  extent  of
                  use,  pattern of use,  the  public  health and  agricultural need
                  for  such   minor use,  and   the   level  and   degree of potential
                  beneficial or  adverse effects  on  man and  the  environment.
                  The  Administrator shall not  require a  person to  submit, in
                  relation to a registration or reregistration of a pesticide for
                  minor agricultural  use   under this  Act,  any   field   residue
                  data from  a geographic area where the  pesticide will  not  be
                  registered for such  use.  In  the  development of these stand-
                  ards, the  Administrator shall consider the  economic factors
                  of potential national volume of use,  extent of distribution,
                  and  the  impact of the  cost  of meeting the  requirements  on
                  the  incentives for any  potential registrant to undertake the
                  development of  the   required data.  Except as  provided  by
                  section 10, within 30 days  after the  Administrator registers
                  a  pesticide under this  Act  the   Administrator shall  make
                  available to  the  public   the  data called for  in  the  registra-
                  tion  statement together with such  other scientific informa-
                  tion  as  the  Administrator deems relevant to  the  Adminis-
                  trator's decision.
                      (B)  ADDITIONAL  DATA. -- (i)  If  the   Administrator deter-
                  mines that additional data are  required to  maintain in  ef-
                  fect  an   existing registration  of  a  pesticide,  the   Adminis-
                  trator shall notify  all  existing registrants of the  pesticide to
                  which  the  determination relates and  provide a  list  of such
                  registrants to any  interested person.
                      (ii) Each registrant of such  pesticide shall provide evi-
                  dence   within ninety days   after receipt of notification that
                  it is  taking appropriate steps to  secure the  additional data
                  that are   required. Two  or  more   registrants may   agree to
                  develop jointly, or  to  share in  the  cost  of developing, such
                  data if they agree and  advise the  Administrator of their in-
                  tent  within ninety days   after  notification. Any  registrant
                  who  agrees to share in  the  cost  of producing the  data shall
                  be  entitled to  examine and  rely  upon  such  data in  support
                  of  maintenance  of  such   registration.  The   Administrator
                  shall issue a  notice  of intent to  suspend the  registration of
                  a pesticide in  accordance with the  procedures prescribed by
                  clause (iv)  if a  registrant fails  to  comply  with this clause.

                  (iii)  If,  at the  end  of sixty  days  after advising the  Ad- ministrator of their agreement to  develop jointly, or  share in  the  cost  of developing data, the  registrants have not  fur- ther agreed on the  terms of the  data development arrange- ment or  on  a  procedure for  reaching such  agreement, any of such  registrants may  initiate binding arbitration pro- ceedings by requesting the  Federal Mediation and  Concilia- tion  Service to  appoint an  arbitrator from  the  roster of ar- bitrators maintained by  such   Service. The  procedure and rules of the  Service shall be  applicable to  the  selection of such   arbitrator and   to  such   arbitration  proceedings, and the   findings and   determination of  the   arbitrator  shall be final  and  conclusive, and  no  official  or  court of the  United States shall have power  or  jurisdiction to  review any  such findings and  determination,  except for  fraud, misrepresen- tation, or  other misconduct by one  of the  parties to  the  ar- bitration or  the   arbitrator  where there is  a  verified  com- plaint with supporting affidavits attesting to  specific  in- stances of such  fraud, misrepresentation, or other mis- conduct. All  parties to  the   arbitration shall share equally in  the  payment of the  fee  and   expenses of the  arbitrator. The  Administrator shall issue a notice  of intent to suspend the  registration of a pesticide in  accordance with the  proce- dures prescribed by  clause (iv) if a  registrant fails  to  com- ply with this clause.
                  (iv) Notwithstanding any  other provision of this Act,  if the  Administrator determines that a  registrant, within the time required by  the  Administrator, has  failed  to  take ap- propriate steps to secure the  data required under this sub- paragraph, to participate in a procedure for reaching agree- ment  concerning a   joint   data  development arrangement under this subparagraph or in  an  arbitration proceeding as required by this subparagraph, or to comply  with the  terms of an  agreement or  arbitration  decision concerning a  joint data  development arrangement  under this  subparagraph, the  Administrator may  issue a  notice  of intent to  suspend such  registrant's registration of the  pesticide for  which  ad- ditional data is required. The  Administrator may  include in the  notice  of intent to  suspend such  provisions as  the  Ad- ministrator   deems  appropriate  concerning the   continued sale  and  use  of existing stocks of such  pesticide. Any  sus- pension proposed under  this  subparagraph  shall  become final  and  effective at the  end  of thirty days  from  receipt by the   registrant of  the   notice   of  intent to  suspend, unless during that time a request for hearing is made by a person adversely affected by the  notice  or the  registrant has  satis- fied   the   Administrator that  the   registrant  has   complied fully  with the  requirements that served as  a  basis for  the notice   of  intent to  suspend. If  a  hearing is  requested, a hearing shall be  conducted under  section 6(d)  of this  Act. The   only  matters for  resolution at  that  hearing shall be whether the   registrant has   failed   to  take the   action that served as  the  basis for  the  notice  of intent to  suspend the registration of the  pesticide for which  additional data is re- quired,  and    whether  the    Administrator's determination with respect to  the   disposition  of  existing  stocks  is  con-

                  sistent with this Act.  If  a  hearing is  held,  a  decision after completion of such  hearing shall be  final. Notwithstanding any  other provision of this Act, a hearing shall be held  and a  determination  made  within  seventy-five days   after  re- ceipt   of  a  request for  such   hearing. Any  registration  sus- pended under this subparagraph shall be reinstated by the Administrator  if  the   Administrator determines that  the registrant has   complied fully  with the   requirements that served as  a basis for the  suspension of the  registration.
                  (v) Any  data submitted under this subparagraph shall be  subject to  the  provisions of paragraph (1)(D).  Whenever
                  such  data are  submitted jointly by two  or more  registrants,
                  an  agent shall be agreed on at the  time of the  joint  submis- sion  to  handle any  subsequent data compensation matters for the  joint  submitters of such  data.
                  (vi) Upon  the  request of a registrant the  Administrator shall, in  the  case  of a  minor use,  extend the  deadline  for the   production of  residue chemistry data  under this  sub- paragraph for  data required solely  to  support that  minor use  until the   final   deadline for  submission of  data under section 4 for  the  other uses of the  pesticide established as of the  date of enactment of the  Food  Quality Protection Act of 1996  [Aug. 3, 1996],  if --
                      (I)  the  data to  support other uses of the  pesticide on a food are  being  provided;
                      (II) the  registrant, in submitting a request for such an   extension,  provides a  schedule, including interim dates to measure progress, to assure that the  data pro- duction will be completed before  the  expiration of the extension period;
                      (III)  the   Administrator has   determined that  such extension will  not  significantly delay the   Administra- tor's  schedule for issuing a reregistration  eligibility de- termination required under section 4; and
                      (IV) the  Administrator has  determined that based on   existing  data,  such   extension  would   not   signifi- cantly increase the   risk of  any   unreasonable adverse effect   on   the    environment. 3 - 1    If   the    Administrator grants an   extension under  this  clause, the   Adminis- trator  shall monitor the  development of the  data and shall ensure that the  registrant is  meeting the  sched- ule  for the  production of the  data. If the  Administrator determines that the   registrant is  not  meeting or  has not  met  the  schedule for  the  production of such   data, the   Administrator  may   proceed  in   accordance with clause (iv)  regarding the  continued registration of the affected products with the  minor use  and  shall inform the   public   of  such   action. Notwithstanding  the   provi- sions  of this clause, the  Administrator may  take action to  modify  or  revoke the  extension under this clause if the   Administrator determines that  the   extension  for the  minor use  may  cause an  unreasonable  adverse ef- fect  on the  environment. In  such  circumstance, the  Ad-

          3 - 1 Indentation of the   following sentences  of this clause is  so  in  original (as  added  by sec.  201(c)(1)  of P.L.  104 - 170). Probably should be  indented the  same as  flush matter of this clause.

                      ministrator  shall provide, in  writing to  the  registrant, a  notice  revoking the  extension of time for  submission of data. Such  data shall instead be  due  in  accordance with the  date established by the  Administrator for  the submission of the  data.
                  (vii) If the  registrant does  not  commit to support a spe- cific minor use  of the  pesticide, but  is  supporting and  pro- viding data  in  a  timely and   adequate  fashion to  support uses of the  pesticide on a food, or if all  uses of the  pesticide are   nonfood   uses and   the   registrant does   not   commit to support a  specific   minor use   of  the   pesticide but   is  sup- porting and  providing data in  a  timely and  adequate fash- ion  to  support other nonfood  uses of the  pesticide, the  Ad- ministrator, at the  written request of the  registrant, shall not  take any   action pursuant  to  this clause in  regard  to such  unsupported minor use  until the  final  deadline estab- lished as  of the  date of enactment of the  Food  Quality Pro- tection Act  of  1996   [Aug.  3,  1996],   for  the   submission of data under section 4 for  the  supported uses identified pur- suant to  this clause unless the   Administrator determines that the  absence of the  data is  significant enough to  cause human health or  environmental  concerns. On  the  basis of such   determination, the  Administrator may  refuse the  re- quest for extension by the  registrant. Upon  receipt of the request from  the   registrant, the   Administrator shall pub- lish  in  the   Federal Register a  notice   of the   receipt of the request  and   the   effective date  upon   which   the   uses  not being   supported will  be  voluntarily deleted from  the   reg- istration pursuant to  section 6(f)(1).  If  the   Administrator grants an  extension under this clause, the   Administrator shall  monitor the   development  of  the   data for  the   uses being  supported and  shall ensure that the  registrant is meeting the  schedule for the  production of such  data. If the Administrator determines that the  registrant is  not  meet- ing  or  has  not  met  the  schedule for  the  production of such data, the   Administrator may   proceed  in  accordance with clause (iv)  of  this  subparagraph regarding the   continued registration of  the   affected products  with  the   minor and other uses and  shall inform the  public  of such  action in  ac- cordance with  section 6(f)(2).  Notwithstanding the   provi- sions   of this clause, the   Administrator may  deny,   modify, or   revoke  the   temporary  extension under  this  subpara- graph if  the   Administrator determines that  the   continu- ation of the  minor use  may  cause an  unreasonable adverse effect  on  the  environment. In  the  event of modification or revocation, the  Administrator shall provide, in  writing, to the   registrant a  notice   revoking the   temporary extension and  establish a  new  effective date by  which  the  minor use shall be deleted from  the  registration.
                  (viii)(I)  If data required to  support registration of a pesticide under subparagraph (A) is requested by a Federal or  State  regulatory authority, the   Administrator shall, to the   extent practicable, coordinate data  requirements, test protocols, timetables,  and   standards of review and   reduce burdens and  redundancy caused to  the  registrant by  mul- tiple requirements on the  registrant.

                  (II)  The   Administrator may   enter into   a  cooperative agreement with a State to carry out  subclause (I).
                  (III)  Not  later than 1 year after the  date of enactment of  this clause [Aug.  3,  1996],  the   Administrator shall de- velop  a  process to  identify and  assist in  alleviating future disparities between Federal and   State data requirements. (C) 	SIMPLIFIED 	PROCEDURES. -- Within	nine	months after   the   date  of  enactment  of  this  subparagraph [Sep- tember 30,  1978],   the   Administrator shall, by  regulation, prescribe simplified procedures for  the  registration of pes- ticides, which  shall include the  provisions of subparagraph
                  (D) of this paragraph.
                      (D) EXEMPTION. -- No applicant for registration of a pes-
                  ticide who  proposes to purchase a registered pesticide from
                  another producer in order to formulate such  purchased pes-
                  ticide into  the  pesticide that is  the  subject of the  applica-
                  tion  shall be required to --
                          (i)  submit  or   cite   data  pertaining to   such   pur-
                      chased product; or
                          (ii) offer  to pay  reasonable compensation otherwise
                      required by paragraph (1)(D)  of this subsection for  the
                      use  of any  such  data.
                      (E)  MINOR  USE  WAIVER. -- In handling the   registration
                  of a pesticide for a minor use,  the  Administrator may  waive
                  otherwise applicable data  requirements  if  the   Adminis-
                  trator determines that the   absence of  such   data will  not
                  prevent the  Administrator from  determining --
                          (i) the  incremental risk presented by the  minor use
                      of the  pesticide; and
                          (ii)  that such  risk, if any,  would  not  be  an  unrea-
                      sonable adverse effect  on the  environment.
                  (3) TIME FOR ACTING WITH RESPECT TO  APPLICATION. --
                      (A) IN   GENERAL. -- The Administrator  shall review the
                  data after receipt of the   application and   shall, as  expedi-
                  tiously as  possible, either register the  pesticide in  accord-
                  ance  with paragraph (5), or  notify  the  applicant of the  Ad-
                  ministrator's determination that  it does   not   comply   with
                  the  provisions of the  Act in  accordance with paragraph  (6).
                      (B) IDENTICAL OR  SUBSTANTIALLY  SIMILAR. -- (i) The  Ad-
                  ministrator shall, as  expeditiously as  possible, review and
                  act  on any  application received by the  Administrator that --
                          (I)  proposes the  initial or  amended registration of
                      an   end-use pesticide that,  if  registered  as   proposed,
                      would  be  identical or  substantially similar in  composi-
                      tion   and   labeling  to   a   currently-registered  pesticide
                      identified  in  the   application,  or  that would   differ   in
                      composition	and 	labeling	from 	such 	currently-reg-
                      istered  pesticide only  in  ways   that would   not  signifi-
                      cantly increase the  risk of unreasonable adverse effects
                      on the  environment; or
                          (II)  proposes an  amendment to  the  registration of
                      a  registered pesticide that  does  not   require  scientific
                      review of data.
                      (ii) In  expediting the  review of an  application for an  ac-
                  tion  described in clause (i), the  Administrator shall --

                      complete, reject the  application;
                          (II)  not  later than the   applicable  decision review
                      time established pursuant  to  section 33(f)(4)(B),  or,  if
                      no  review time is  established, not  later than 90  days after  receiving a  complete application,  notify   the   reg- istrant if  the  application has   been  granted or  denied; and
                      (III)   if  the   application  is  denied,  notify   the   reg- istrant in  writing of the  specific  reasons for  the  denial of the  application.
                      (C) MINOR USE REGISTRATION. --
                      (i)  The   Administrator  shall,  as   expeditiously as possible, review and  act  on  any  complete application --  (I)  that  proposes the   initial registration of  a
                          new  pesticide active ingredient if the  active ingre- dient is  proposed to  be  registered solely  for  minor uses, or  proposes a  registration  amendment solely for minor uses to an  existing registration; or
                          (II)  for  a  registration or  a  registration amend- ment that proposes significant minor uses.
                          (ii) For  the  purposes of clause (i) --
                          (I)   the    term  ``as  expeditiously  as   possible'' means that the  Administrator shall, to  the  great- est  extent practicable, complete a review and  eval- uation of all  data, submitted with a  complete ap- plication, within 12 months after the  submission of the  complete application, and  the  failure of the  Ad- ministrator to  complete such  a  review and  evalua- tion  under clause (i) shall not  be subject to judicial review; and
                          (II)  the  term ``significant minor uses'' means 3 or  more   minor uses proposed for  every   nonminor use,   a  minor use   that  would, in  the   judgment of the  Administrator, serve as  a  replacement for  any use   which   has   been   canceled in  the   5  years pre- ceding   the   receipt of  the   application, or  a  minor use  that in  the  opinion of the  Administrator would avoid   the   reissuance of  an   emergency exemption under section 18 for that minor use.
                  (D) ADEQUATE TIME FOR SUBMISSION  OF  MINOR USE DATA. -- If  a  registrant  makes a  request for  a  minor use waiver, regarding data required by the  Administrator, pur- suant to  paragraph (2)(E),  and  if the  Administrator denies in whole  or in part such  data waiver request, the  registrant shall have a full-time period for providing such  data. For purposes of this subparagraph, the  term ``full-time  period'' means the  time period originally established by the  Admin- istrator for  submission of  such   data, beginning with the date of receipt by  the  registrant of the  Administrator's  no- tice  of denial.
              (4) NOTICE OF   APPLICATION. -- The Administrator shall pub- lish  in  the  Federal Register, promptly after receipt of the  state- ment and  other data required pursuant to  paragraphs (1) and (2), a notice  of each  application for registration of any  pesticide

              son  may  comment.
                   (5)  APPROVAL  OF   REGISTRATION. -- The  Administrator shall
              register a  pesticide if the  Administrator determines that,  when considered with any  restrictions imposed under subsection (d) --  (A) its  composition is  such  as  to  warrant the  proposed
                  claims for it;
                  (B) its  labeling and  other material required to  be  sub- mitted comply  with the  requirements of this Act;
                  (C) it will  perform its  intended function without unrea- sonable adverse effects  on the  environment; and
                  (D) when used in accordance with widespread and  com- monly  recognized practice it will not  generally cause unrea- sonable adverse effects  on the  environment.
              The  Administrator shall not  make any  lack  of essentiality a cri- terion for denying registration of any  pesticide. Where two  pes- ticides meet the  requirements of this paragraph, one  should not be registered in preference to the  other. In considering an  ap- plication for  the   registration of a  pesticide, the   Administrator may  waive   data requirements pertaining to  efficacy,  in  which event the  Administrator may  register the  pesticide without de- termining that the  pesticide's composition is such  as  to warrant proposed claims of efficacy.  If  a  pesticide is  found  to  be  effica- cious  by  any  State under section 24(c)  of this Act,  a  presump- tion  is  established that the  Administrator shall waive  data re- quirements  pertaining  to  efficacy   for  use   of  the   pesticide in such  State.
              (6) DENIAL OF  REGISTRATION. -- If the  Administrator deter- mines that the   requirements of paragraph (5)  for  registration are   not  satisfied, the   Administrator shall notify   the   applicant for registration of the  Administrator's determination and  of the Administrator's reasons  (including the   factual basis) therefor, and  that, unless the  applicant corrects the  conditions and  noti- fies  the  Administrator thereof during the  30-day period begin- ning   with the   day   after the   date on  which   the   applicant  re- ceives  the  notice, the  Administrator may  refuse to  register the pesticide.  Whenever  the   Administrator  refuses  to   register a pesticide, the  Administrator shall notify  the  applicant of the Administrator's decision and  of the  Administrator's reasons (in- cluding the  factual basis) therefor. The  Administrator shall promptly publish in  the  Federal Register notice  of such  denial of registration and  the  reasons therefor. Upon  such  notification, the   applicant for  registration or  other interested  person with the  concurrence of the  applicant shall have the  same remedies as  provided for in section 6.
              (7) REGISTRATION UNDER SPECIAL CIRCUMSTANCES. -- Not- withstanding the  provisions of paragraph  (5) --
                  (A) The  Administrator may  conditionally register or amend the  registration of a pesticide if the  Administrator determines that (i) the  pesticide and  proposed use  are  iden- tical  or substantially similar to any  currently registered pesticide and  use  thereof, or differ  only  in  ways  that would not  significantly increase the  risk of unreasonable adverse effects  on the  environment, and  (ii) approving the  registra-

                  seeking conditional registration or  amended registration under this subparagraph shall submit such  data as  would be  required  to  obtain  registration  of  a  similar  pesticide under paragraph (5).  If  the  applicant is  unable to  submit an  item of data because it has  not  yet  been  generated, the Administrator may   register or  amend the   registration of the  pesticide under such  conditions as  will  require the  sub- mission of such  data not  later than the  time such  data are required to  be  submitted with respect to  similar pesticides already registered under this Act.
                  (B) The  Administrator may  conditionally amend the registration of a pesticide to permit additional uses of such pesticide notwithstanding that  data  concerning the   pes- ticide may  be insufficient to support an  unconditional amendment, if  the   Administrator determines that  (i)  the applicant has  submitted satisfactory data pertaining to the proposed additional use,  and  (ii) amending the  registration in  the  manner proposed by the  applicant would  not  signifi- cantly increase the  risk of any  unreasonable adverse effect on  the  environment. Notwithstanding the  foregoing provi- sions   of  this subparagraph, no  registration of  a  pesticide may  be  amended to  permit an  additional use  of such  pes- ticide if the  Administrator has  issued a  notice  stating that such  pesticide, or  any  ingredient thereof, meets or  exceeds risk criteria associated in whole  or in part with human die- tary exposure enumerated in  regulations issued under this Act, and  during the  pendency of any  risk-benefit evaluation initiated by  such   notice, if  (I)  the   additional use   of  such pesticide involves a major food or feed  crop,  or (II) the  addi- tional use  of such   pesticide involves a  minor food  or  feed crop  and   the   Administrator determines, with the   concur- rence of the  Secretary of Agriculture, there is  available an effective alternative pesticide that does  not  meet or  exceed such  risk criteria. An  applicant seeking amended registra- tion   under this  subparagraph shall submit such   data as would   be  required to  obtain registration of a  similar  pes- ticide under  paragraph  (5).  If  the   applicant is  unable  to submit an  item of data (other than data pertaining to  the proposed additional  use)  because it has   not  yet  been  gen- erated,  the    Administrator  may    amend  the    registration under such   conditions  as   will   require  the   submission  of such   data not  later than the  time such   data are  required to  be  submitted with respect to  similar pesticides already registered under this Act.
                  (C)  The  Administrator may  conditionally register a pesticide containing an  active ingredient not  contained in any   currently registered pesticide for  a  period reasonably sufficient  for  the   generation  and   submission  of  required data (which are  lacking because a  period reasonably suffi- cient for generation of the  data has  not  elapsed since  the Administrator first imposed the  data requirement) on  the condition that by the  end  of such  period the  Administrator receives such  data and  the  data do not  meet or exceed  risk

                  prescribe.  A  conditional registration  under  this  subpara- graph  shall  be  granted  only   if  the   Administrator  deter- mines that use  of the  pesticide during such  period will  not cause any  unreasonable adverse effect  on the  environment, and  that use  of the  pesticide is in the  public  interest.
              (8)    INTERIM    ADMINISTRATIVE    REVIEW. -- Notwithstanding any  other provision of this Act,  the  Administrator may  not  ini- tiate a  public  interim administrative  review process to  develop a risk-benefit evaluation of the  ingredients of a pesticide or any of its  uses prior to initiating a formal action to cancel, suspend, or  deny  registration of such  pesticide, required under this Act, unless such  interim administrative  process is  based on  a  vali- dated test  or  other  significant evidence raising  prudent  con- cerns of  unreasonable adverse risk to  man or  to  the   environ- ment. Notice  of the  definition of the  terms ``validated test'' and
              ``other  significant evidence''  as  used herein shall be  published by the  Administrator in the  Federal Register.
                  (9) LABELING. --
                  (A)  ADDITIONAL  STATEMENTS. -- Subject  to  subpara- graphs (B)  and   (C),  it shall not  be  a  violation of this  Act for  a  registrant to  modify  the  labeling of an  antimicrobial pesticide product to  include relevant information on  prod- uct  efficacy,  product composition, container  composition or design, or  other characteristics that  do  not  relate to  any pesticidal claim  or pesticidal activity.
                  (B)  REQUIREMENTS. -- Proposed labeling information under subparagraph (A)  shall not  be  false   or  misleading, shall not  conflict   with or  detract from  any   statement  re- quired by law or the  Administrator as a condition of reg- istration, and  shall be  substantiated on  the  request of the Administrator.
                      (C) NOTIFICATION  AND DISAPPROVAL. --
                      (i) NOTIFICATION. -- A registration  may  be  modified under subparagraph (A) if  --
                          (I) the  registrant notifies the  Administrator in writing not  later than 60 days  prior to distribution or  sale  of a  product bearing the  modified labeling; and
                          (II)  the   Administrator does  not  disapprove of the  modification under clause (ii).
                      (ii) DISAPPROVAL. -- Not later than 30 days  after re- ceipt   of  a  notification under  clause (i),  the   Adminis- trator may  disapprove the  modification by sending the registrant  notification in  writing stating that the  pro- posed  language is  not  acceptable and   stating the  rea- sons  why  the   Administrator finds   the   proposed  modi- fication unacceptable.
                      (iii)  RESTRICTION  ON   SALE. -- A registrant  may  not sell  or distribute a product bearing a disapproved modification.
                      (iv) OBJECTION. -- A registrant  may  file an  objection in  writing to  a  disapproval under clause (ii)  not  later than 30 days  after receipt of notification of the  dis- approval.

                      trator  following receipt and   consideration of an  objec- tion  filed  under clause (iv)  shall be  considered a  final agency action.
                  (D)   USE   DILUTION. -- The  label    or   labeling  required under this Act for an  antimicrobial pesticide that is or may
                  be  diluted for  use  may  have a  different statement of cau-
                  tion  or protective measures for use  of the  recommended di- luted solution of the  pesticide than for use  of a concentrate of the  pesticide if the  Administrator determines that  --
                      (i) adequate data have been  submitted to  support the   statement  proposed for  the   diluted solution uses; and
                      (ii) the  label  or  labeling provides adequate  protec- tion   for  exposure  to  the   diluted  solution of  the   pes- ticide.
                  (10) EXPEDITED REGISTRATION OF  PESTICIDES. --
                  (A) Not  later than 1  year after the  date of enactment of this paragraph [Aug.  3,  1996],  the  Administrator shall, utilizing  public   comment,  develop procedures  and   guide- lines, and   expedite the   review  of  an   application for  reg- istration of a  pesticide or  an  amendment to  a  registration that satisfies such  guidelines.
                  (B) Any  application for  registration or  an  amendment, including biological and  conventional pesticides, will  be considered for  expedited review under this paragraph.  An application for  registration or  an  amendment shall qualify for expedited review if use  of the  pesticide proposed by the application may  reasonably be  expected to  accomplish 1 or more  of the  following:
                          (i) Reduce the  risks of pesticides to human health. (ii)  Reduce the  risks of pesticides to  nontarget  or-
                      ganisms.
                      (iii) Reduce the  potential for contamination of groundwater, surface water, or other valued environ- mental resources.
                      (iv) Broaden the  adoption of integrated pest man- agement strategies, or  make such  strategies more available or more  effective.
                  (C) The  Administrator, not  later than 30 days  after re- ceipt  of an  application for expedited review, shall notify  the applicant whether the  application is complete. If it is found to  be  incomplete, the  Administrator may  either reject the request for  expedited review or  ask  the  applicant for  addi- tional information to satisfy the  guidelines developed under subparagraph  (A).
              (d) CLASSIFICATION OF  PESTICIDES. --
              (1) CLASSIFICATION FOR  GENERAL USE, RESTRICTED  USE, OR BOTH. --
                  (A) As a  part of the  registration of a  pesticide the  Ad- ministrator shall classify it as  being  for  general use  or  for restricted use.  If  the  Administrator determines that  some of the  uses for  which  the  pesticide is  registered  should be for  general use   and   that  other uses for  which   it is  reg- istered should be for restricted use,  the  Administrator shall

                  uses may   be  classified by  regulation on  the   initial  classi- fication and  registered pesticides may  be classified prior to reregistration. If some  of the  uses of the  pesticide are  clas- sified  for  general use  and   other uses are  classified for  re- stricted use,  the  directions relating to its  general uses shall be  clearly separated  and   distinguished from   those  direc- tions relating to its  restricted uses. The  Administrator may require that its  packaging and  labeling for  restricted uses shall be  clearly distinguishable from  its  packaging and  la- beling for general uses.
                  (B) If the  Administrator determines that the  pesticide, when  applied  in   accordance with  its   directions  for   use, warnings and  cautions and  for the  uses for which  it is reg- istered, or  for  one  or  more  of such   uses, or  in  accordance with a  widespread and  commonly recognized practice,  will not  generally cause unreasonable adverse effects  on the  en- vironment, the  Administrator will  classify the  pesticide, or the  particular use  or  uses of the  pesticide to  which  the  de- termination applies, for general use.
                  (C) If the  Administrator determines that the  pesticide, when  applied  in   accordance with  its   directions  for   use, warnings and  cautions and  for the  uses for which  it is reg- istered, or  for  one  or  more  of such   uses, or  in  accordance with a  widespread and  commonly recognized practice, may generally cause, without additional regulatory restrictions, unreasonable adverse effects  on the  environment, including injury to  the   applicator, the   Administrator  shall  classify the  pesticide, or the  particular use  or uses to which  the  de- termination applies, for restricted use:
                      (i)  If  the   Administrator  classifies a  pesticide,  or one  or  more   uses of such   pesticide, for  restricted use because of  a  determination that  the   acute dermal  or inhalation toxicity of the  pesticide presents a hazard to the  applicator or  other persons, the  pesticide shall be applied for  any  use  to  which   the   restricted  classifica- tion  applies only  by  or  under the  direct supervision of a certified applicator.
                      (ii)  If  the   Administrator  classifies a  pesticide,  or one  or  more   uses of such   pesticide, for  restricted use because of a  determination that its  use  without addi- tional regulatory restriction may  cause unreasonable adverse effects  on  the  environment, the  pesticide shall be  applied for  any  use  to  which  the  determination ap- plies  only  by  or  under the  direct supervision of a  cer- tified  applicator, or subject to such  other restrictions as the  Administrator may  provide by regulation. Any such regulation shall be reviewable in  the  appropriate court of appeals upon  petition of a  person adversely affected filed  within 60 days  of the  publication of the  regulation in final  form.
              (2) CHANGE IN  CLASSIFICATION. -- If the  Administrator de- termines that a change in  the  classification of any  use  of a pes- ticide from  general use  to restricted use  is necessary to prevent unreasonable adverse effects  on  the  environment, the  Adminis- trator shall notify  the  registrant of such  pesticide of such  deter- mination at least forty-five days  before  making the  change and

              shall publish the  proposed change in  the  Federal Register. The registrant, or  other interested  person with the   concurrence of the  registrant, may  seek  relief  from  such  determination under section 6(b).
              (3) CHANGE IN  CLASSIFICATION FROM RESTRICTED USE TO GENERAL  USE. -- The registrant  of  any   pesticide  with  one   or
              more  uses classified for restricted use  may  petition the  Admin-
              istrator to change any  such  classification from  restricted to gen- eral  use.   Such   petition  shall  set   out   the   basis  for  the   reg- istrant's position that  restricted use   classification is  unneces- sary  because  classification  of  the   pesticide  for   general  use would   not  cause unreasonable adverse effects   on  the   environ- ment. The  Administrator, within sixty  days  after receiving such petition, shall notify   the   registrant  whether the   petition has been   granted  or  denied.  Any   denial  shall  contain  an   expla- nation therefor and  any  such  denial shall be  subject to  judicial review under section 16 of this Act.
          (e)  PRODUCTS   WITH  SAME  FORMULATION   AND  CLAIMS. -- Prod- ucts   which   have the   same formulation, are   manufactured by  the same person, the  labeling of which   contains the  same claims, and the  labels of which  bear a designation identifying the  product as  the same pesticide may   be  registered as  a  single pesticide; and   addi- tional names and  labels shall be  added to  the  registration by  sup- plemental statements.
              (f) MISCELLANEOUS. --
              (1)  EFFECT  OF   CHANGE  OF   LABELING  OR   FORMULATION. -- If the  labeling or  formulation for  a  pesticide is  changed, the  reg- istration shall be amended to reflect such  change if the  Admin- istrator determines that the  change will  not  violate any  provi- sion  of this Act.
              (2) REGISTRATION NOT A DEFENSE. -- In no event shall reg- istration of an  article be construed as  a defense for the  commis- sion  of any  offense   under this Act.  As  long  as  no  cancellation proceedings  are   in  effect   registration  of  a  pesticide  shall  be prima facie  evidence that  the  pesticide, its  labeling and   pack- aging comply  with the  registration provisions of the  Act.
              (3) AUTHORITY TO  CONSULT OTHER FEDERAL AGENCIES. -- In connection with consideration of any  registration or application for  registration under this section, the  Administrator may  con- sult with any  other Federal agency.
              (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  ni- trogen 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. (g) REGISTRATION REVIEW. --
                  (1)(A) GENERAL RULE. --
                  (i) IN   GENERAL. -- The registrations  of pesticides are  to be periodically reviewed.

                  (ii)  REGULATIONS. -- In accordance with  this  subpara- graph, the   Administrator shall  by  regulation establish a procedure for accomplishing the  periodic review of registra- tions.
                  (iii) INITIAL  REGISTRATION  REVIEW. -- The Administrator shall complete the  registration  review of each  pesticide or
                  pesticide case,  which  may  be  composed of 1 or  more  active
                  ingredients and  the  products associated with the  active in- gredients, not  later than the  later of --
                          (I) October 1, 2022;  or
                      (II)  the   date that  is  15  years after  the   date  on which  the  first pesticide containing a new  active ingre- dient is registered.
                  (iv)   SUBSEQUENT  REGISTRATION  REVIEW. -- Not later than 15  years after the  date on  which  the  initial registra- tion   review  is  completed under  clause  (iii)  and   each   15 years thereafter, the  Administrator shall complete a subse- quent  registration  review for  each   pesticide  or  pesticide case.
                  (v)  CANCELLATION. -- No registration  shall be  canceled as  a result of the  registration review process unless the  Ad- ministrator follows  the  procedures and  substantive require- ments of section 6.
                  (B) DOCKETING. --
                  (i)  IN   GENERAL. -- Subject to  clause (ii),  after  meeting with 1  or  more   individuals that  are   not  government  em- ployees to discuss matters relating to a registration review, the  Administrator shall place  in  the  docket minutes of the meeting, a list  of attendees, and  any  documents exchanged at the  meeting, not  later than the  earlier of --
                          (I)  the  date that is  45  days   after the  meeting; or
                      (II)  the  date of issuance of the  registration  review decision.
                  (ii)     PROTECTED     INFORMATION. -- The   Administrator shall identify, but  not  include in  the  docket, any  confiden- tial  business information the  disclosure of which  is  prohib- ited  by section 10.
              (C)  LIMITATION. -- Nothing in  this subsection shall prohibit the  Administrator from  undertaking any  other review of a  pes- ticide 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 applica- ble to any  data required for registration review.
              (h)   REGISTRATION    REQUIREMENTS    FOR   ANTIMICROBIAL   PES-
          TICIDES. --
              (1)  EVALUATION  OF   PROCESS. -- To the  maximum extent practicable consistent with the  degrees of risk presented by an antimicrobial  pesticide and   the   type   of  review appropriate  to evaluate the  risks, the  Administrator shall identify and  evalu- ate  reforms to the  antimicrobial registration process that would reduce review periods existing as  of the   date of enactment of this subsection [Aug.  3,  1996]  for  antimicrobial  pesticide prod-

              uct  registration applications and  applications for  amended reg- istration of antimicrobial pesticide products, including --
                      (A) new  antimicrobial active ingredients; (B) new  antimicrobial end-use products;
                  (C) substantially similar or identical antimicrobial pes- ticides; and
                  (D)  amendments  to   antimicrobial pesticide registra- tions.
              (2)  REVIEW  TIME  PERIOD   REDUCTION   GOAL. -- Each reform identified under paragraph (1) shall be designed to  achieve the goal  of  reducing the   review period  following submission  of  a complete application, consistent with the  degree of risk, to a pe- riod  of not  more  than --
                  (A) 540  days  for  a  new  antimicrobial active ingredient pesticide registration;
                  (B)  270   days   for  a  new   antimicrobial  use   of  a  reg- istered active ingredient;
                      (C) 120  days  for  any  other new  antimicrobial product; (D)  90   days   for   a   substantially  similar  or   identical
                  antimicrobial product;
                      (E) 90 days  for an  amendment to an  antimicrobial reg-
                  istration that does  not  require scientific review of data; and
                      (F)  120  days   for  an   amendment to  an   antimicrobial
                  registration that requires scientific review of data and  that
                  is not  otherwise described in this paragraph.
                  (3) IMPLEMENTATION. --
                      (A) PROPOSED RULEMAKING. --
                          (i)  ISSUANCE. -- Not later  than  270  days   after the
                      date of enactment of this subsection [Aug.  3, 1996],  the
                      Administrator  shall  publish  in   the   Federal  Register
                      proposed regulations to  accelerate and  improve the  re-
                      view   of  antimicrobial  pesticide  products  designed  to
                      implement,  to   the   extent  practicable,  the   goals   set
                      forth in paragraph  (2).
                          (ii)  REQUIREMENTS. -- Proposed regulations  issued
                      under clause (i) shall --
                              (I)  define the   various classes of antimicrobial
                          use  patterns, including household, industrial, and
                          institutional 	disinfectants	and 	sanitizing 	pes-
                          ticides, preservatives, water  treatment,  and   pulp
                          and  paper mill  additives, and  other such  products
                          intended to  disinfect, sanitize, reduce, or  mitigate
                          growth  or   development  of   microbiological  orga-
                          nisms,  or   protect  inanimate  objects, industrial
                          processes  or   systems,  surfaces,  water,  or   other
                          chemical substances  from   contamination,  fouling,
                          or  deterioration caused by bacteria, viruses, fungi,
                          protozoa, algae, or slime;
                              (II)   differentiate  the   types  of  review under-
                          taken for antimicrobial pesticides;
                              (III)  conform the  degree and  type  of review to
                          the   risks and   benefits presented by  antimicrobial
                          pesticides and   the   function  of  review under this
                          Act,  considering the   use   patterns of  the   product,
                          toxicity, expected exposure, and  product type;

                          (IV)  ensure that the  registration process is sufficient to maintain antimicrobial pesticide effi- cacy  and  that antimicrobial pesticide products con- tinue to  meet product performance standards and effectiveness  levels   for   each   type   of  label   claim made; and
                          (V) implement effective and  reliable deadlines for process management.
                      (iii) COMMENTS. -- In developing the  proposed regu- lations, the  Administrator shall solicit   the  views  from registrants and  other affected parties to  maximize the effectiveness of the  rule development process.
                      (B) FINAL REGULATIONS. --
                          (i) ISSUANCE. -- The Administrator shall issue final
                      regulations not  later than 240  days   after the  close  of
                      the  comment period for the  proposed regulations.
                          (ii) FAILURE TO  MEET  GOAL. -- If a goal  described in
                      paragraph (2)  is  not  met  by  the  final   regulations, the
                      Administrator shall identify the  goal,  explain why  the
                      goal  was  not  attained, describe the  element of the  reg-
                      ulations included instead, and  identify future steps to
                      attain the  goal.
                          (iii)  REQUIREMENTS. -- In issuing final   regulations,
                      the  Administrator shall --
                              (I) consider the  establishment of a certification
                          process for  regulatory actions involving risks that
                          can   be  responsibly managed, consistent with the
                          degree of risk, in the  most  cost-efficient manner;
                              (II)   consider  the   establishment  of  a   certifi-
                          cation process by  approved laboratories as  an  ad-
                          junct to the  review process;
                              (III)  use  all  appropriate and   cost-effective re-
                          view  mechanisms, including --
                                  (aa)  expanded use  of notification and  non-
                                          notification procedures;
                                  (bb)  revised procedures for  application re-
                                                 view;  and
                                  (cc) allocation of appropriate  resources to
                              ensure 	streamlined 	management	of	anti-
                                   microbial pesticide registrations; and
                              (IV)  clarify criteria  for  determination  of  the
                          completeness of an  application.
                      (C)  EXPEDITED   REVIEW. -- This subsection does  not  af-
                  fect  the  requirements or extend the  deadlines or review pe-
                  riods  contained in subsection  (c)(3).
                      (D) ALTERNATIVE REVIEW PERIODS. -- If the  final  regula-
                  tions to carry out  this paragraph are  not  effective 630  days
                  after  the   date  of  enactment  of  this  subsection [Aug.   3,
                  1996],  until the  final   regulations become  effective, the  re-
                  view  period, beginning on the  date of receipt by the  Agency
                  of a complete application, shall be --
                          (i)  2  years for  a  new   antimicrobial  active  ingre-
                      dient pesticide registration;
                          (ii)  1  year for  a  new   antimicrobial use   of  a  reg-
                      istered active ingredient;

                                                                           uct;

(iii) 180 days  for any  other new  antimicrobial prod-

(iv) 90 days  for a substantially similar or identical

                      antimicrobial product;
                          (v) 90  days  for  an  amendment to  an  antimicrobial
                      registration that does  not  require  scientific review of
                      data; and
                          (vi)   120   days    for   an    amendment  to   an    anti-
                      microbial registration that requires scientific review of
                      data and   that is  not  otherwise described in  this sub-
                      paragraph.
                      (E)  WOOD PRESERVATIVES. -- An application for  the  reg-
                  istration, or  for  an   amendment  to  the   registration, of  a
                  wood  preservative product for  which   a  claim   of pesticidal
                  activity listed in  section 2(mm)  is  made (regardless of any
                  other  pesticidal claim   that is  made  with  respect  to  the
                  product) shall be reviewed by the  Administrator within the
                  same period as  that  established under this paragraph for
                  an   antimicrobial pesticide product application, consistent
                  with the  degree of risk posed  by  the  use  of the  wood  pre-
                  servative product, if the  application requires the  applicant
                  to  satisfy the   same data requirements as  are   required to
                  support an  application for a wood preservative product that
                  is an  antimicrobial pesticide.
                      (F) NOTIFICATION. --
                          (i) IN  GENERAL. -- Subject to clause (iii), the  Admin-
                      istrator shall notify   an  applicant whether an  applica-
                      tion   has   been   granted or  denied  not   later  than  the
                      final   day  of the   appropriate review period under this
                      paragraph, unless the  applicant and  the  Administrator
                      agree to a later date.
                          (ii)  FINAL  DECISION. -- If the  Administrator fails  to
                      notify  an  applicant within the  period of time required
                      under  clause  (i),  the   failure  shall  be  considered an
                      agency action unlawfully withheld or unreasonably  de-
                      layed for purposes of judicial review under chapter 7 of
                      title 5, United States Code.
                          (iii) 	EXEMPTION. -- This	subparagraph 	does 	not
                      apply to  an  application for  an  antimicrobial pesticide
                      that is filed  under subsection (c)(3)(B) prior to  90  days
                      after the  date of enactment of this subsection [Aug.  3,
                      1996].
                          (iv)  LIMITATION. -- Notwithstanding clause (ii),  the
                      failure of the  Administrator to  notify  an  applicant  for
                      an   amendment to  a  registration for  an   antimicrobial
                      pesticide shall not  be judicially reviewable in a Federal
                      or  State court if the  amendment requires scientific re-
                      view  of data within --
                              (I)  the   time  period specified in  subparagraph
                          (D)(vi),  in  the  absence of a  final   regulation under
                                          subparagraph (B); or
                              (II)   the   time  period  specified  in   paragraph
                          (2)(F),  if  adopted in  a  final   regulation under sub-
                                             paragraph (B).
                  (4) ANNUAL REPORT. --

                  (A) SUBMISSION. -- Beginning on  the  date of enactment of  this subsection [Aug.  3,  1996]  and   ending on  the   date that the  goals  under paragraph (2) are  achieved, the  Ad- ministrator shall, not  later than March 1 of each  year, pre- pare and  submit an  annual report to the  Committee on Ag- riculture of  the   House  of  Representatives  and   the   Com- mittee on  Agriculture, Nutrition, and  Forestry of the  Sen- ate.
                  (B)  REQUIREMENTS. -- A report  submitted  under  sub- paragraph (A) shall include a description of --
                      (i) measures taken to  reduce the  backlog of pend- ing  registration applications;
                      (ii)  progress toward achieving reforms under this subsection; and
                      (iii)  recommendations to  improve the   activities of the  Agency  pertaining to antimicrobial registrations.
                   SEC.   4.  ø7   U.S.C.  136a - 1¿  REREGISTRATION OF   REGISTERED PES- TICIDES.
          (a)  GENERAL RULE. -- The Administrator shall reregister, in  ac- cordance with this section, each  registered pesticide containing any active ingredient contained in any  pesticide first registered before November 1, 1984,  except for any  pesticide as  to  which  the  Admin- istrator has  determined, after November 1, 1984,  and  before  the  ef- fective  date of this section [December 24, 1988],  that --
                  (1) there are  no outstanding data requirements; and
              (2) the  requirements of section 3(c)(5)  have been  satisfied. (b)   REREGISTRATION    PHASES. -- Reregistrations   of   pesticides
          under this section shall be carried out  in the  following phases:
              (1)  The   first  phase  shall  include the   listing  under  sub- section (c) of the   active ingredients of the   pesticides that  will be reregistered.
              (2)  The  second phase shall  include the   submission to  the Administrator under subsection (d) of notices by registrants re- specting their intention to  seek  reregistration,  identification by registrants of missing and  inadequate data for  such  pesticides, and  commitments by registrants to  replace such  missing or  in- adequate data within the  applicable time period.
              (3) The  third phase shall include submission to the  Admin- istrator by registrants of the  information required under sub- section (e).
              (4)  The  fourth phase shall include an  independent, initial review by the  Administrator under subsection (f) of submissions under phases two  and  three, identification of outstanding data requirements, and  the  issuance, as necessary, of requests for additional data.
              (5) The  fifth  phase shall include the  review by the  Adminis- trator under subsection (g) of data submitted for  reregistration and  appropriate regulatory action by the  Administrator.
              (c) PHASE ONE. --
              (1) PRIORITY FOR REREGISTRATION. -- For purposes of the  re- registration of  the   pesticides  described in  subsection (a),  the
              Administrator shall list  the  active ingredients of pesticides and
              shall give  priority to,  among others, active ingredients  (other than  active ingredients for  which   registration standards  have been  issued before  the  effective date of this section [December
              24, 1988])  that --

                  (A) are  in use on or in food or feed and  may  result in postharvest residues;
                  (B) may  result in residues of potential toxicological concern in potable ground water, edible  fish,  or shellfish;
                  (C) have been  determined by  the  Administrator  before the   effective date  of  this  section [December 24,  1988]   to
                  have significant outstanding data requirements; or
                  (D)  are   used on  crops,   including in  greenhouses and nurseries,  where worker exposure is  most   likely   to  occur. (2)  REREGISTRATION  LISTS. -- For purposes of reregistration
              under this section, the  Administrator shall by order --
                  (A)  not  later than 70  days   after the   effective date  of this section [December 24, 1988],  list  pesticide active ingre- dients for  which   registration standards  have been   issued before  such  effective date;
                  (B)  not  later than 4  months after such   effective date, list  the  first 150  pesticide active ingredients, as  determined under paragraph  (1);
                  (C)  not  later than 7  months after such   effective date, list   the   second 150  pesticide active ingredients,  as  deter- mined under paragraph (1); and
                  (D) not  later than 10  months after such  effective date, list  the  remainder of the  pesticide active ingredients, as  de- termined under paragraph (1).
              Each list  shall be published in the  Federal Register.
                  (3)  JUDICIAL  REVIEW. -- The content of a  list  issued by  the
              Administrator under  paragraph  (2)   shall  not   be   subject  to judicial review.
              (4) NOTICE TO  REGISTRANTS. -- On the  publication of a list  of pesticide active ingredients under paragraph  (2),  the  Adminis- trator shall send by certified mail  to the  registrants of the  pes- ticides containing such   active ingredients a  notice   of the  time by which  the  registrants are  to  notify  the  Administrator under subsection (d) whether the  registrants intend to  seek  or  not  to seek  reregistration of such  pesticides.
              (d) PHASE TWO. --
              (1)  IN    GENERAL. -- The registrant  of  a  pesticide that  con- tains an  active ingredient listed under subparagraph  (B),  (C), or  (D)  of  subsection (c)(2)  shall submit to  the   Administrator, within the  time period prescribed by  paragraph (4),  the  notice described in  paragraph (2)  and   any  information, commitment, or offer described in paragraph  (3).
                  (2)  NOTICE  OF    INTENT  TO   SEEK  OR   NOT  TO   SEEK  REREG-
              ISTRATION. --