FEDERAL ENVIRONMENTAL PESTICIDE CONTROL ACT TUESDAY, MARCH 7, 1972 U.S. SENATE, SUBCOMMITTEE ON AGRICULTURAL RESEARCH, AND GENERAL LEGISLATION OF THE COMMITTEE ON AGRICULTURE AND FORESTRY, Washington, D.C. The subcommittee met, pursuant to notice, at 9:05 a.m., in room 324 Old Senate Office Building, Hon. James B. Allen, chairman of the subcommittee, presiding. Present: Senators Allen (presiding) and Curtis. Also present: Senator Aiken. Senator ALLEN. The subcommittee will please come to order. There is a quorum of the subcommittee present. Only one member being required for a quorum and there being two present, we will proceed with the hearing. The subcommittee is holding hearings today on H.R. 10729. The subcommittee has already held hearings on similar bills, S. 660 and S. 745 and consequently, oral statements will be limited today to 10 minutes for each witness. Now, that limitation will not be applied to representatives of the EPA because that is the agency charged with administering the act. It has this vital responsibility and we feel that the subcommittee should spend more time with representatives of EPA. A written statement of appropriate length may be filled and will be included in the hearing record. H.R. 10729 like S. 660 and S. 745 would completely revise the Federal Insecticide, Fungicide, and Rodenticide Act and would for the first time, regulate the use of registered pesticides. Heretofore, the regulations being on the registration and the labeling. The staff of the committee has prepared a committee print of the bill, which would make a number of technical recommendations and minor changes in substance. The committee print will be inserted in the record at this point. (The print is as follows:) (1) [COMMITTEE PRINT] (Prepared by the staff of the Senate Committee on Agriculture and Forestry to illustrate a number of suggestions for minor, technical, or clarifying amendments.) 92D CONGRESS 1ST SESSION H. R. 10729 IN THE SENATE OF THE UNITED STATES NOVEMBER 19, 1971 Read twice and referred to the Committee on Agriculture and Forestry [Omit the part struck through and insert the part printed in italic] This print has been prepared by the Committee staff to illustrate suggestions for (1) Typographical, technical, and clerical corrections. (2) An amendment to section 2(n)(2) to require the ingredient statement provided for by alternative (i) tɔ show the name of each inert ingredient rather than the percentage of all active ingredients. This would conform it to the similar provision of existing law. There is no need to show the percentage of all active ingredients, since that can easily be determined by deducting from 100 the percentage of inert ingredients, the latter figure being required to be shown. (3) An amendment to section 3(c)(6) to give the Administrator discre tion as to whether to refuse to register a pesticide at the end of the 30-day period therein mentioned or to allow the applicant additional time. (4) An amendment to section 3(d)(1)(A) to provide that a pesticide for general use shall be packaged and labeled so that it can be clearly distinguished from the same pesticide packed and labeled for restricted use. (5) Amendments to section 27 to extend the authority for appropriation to carry out the Act one additional year (to fiscal 1975) due to the lateness of enactment. (6) Amendments to sections 4(a) and 22(b) to give recognition to the fact that some States, such as New Mexico, may divide responsibility under the Act between two or more State agencies. (7) Amendments to section 6(d) to provide for referral of questions to the National Academy of Sciences (rather than to a committee thereof) and to provide for its report "within an agreed time” (rather than "within 60 days"). (8) Amendments throughout the bill to remove the word "pesticide" from the designation of certified, commercial, and private applicators, to alleviate the danger that certified or commercial applicators might be referred to as CPA's and confused with certified public accountants. 2 (9) An amendment to section 2(e) to make it clear that the certified applicator need not be physically present when the pesticide is applied, if it is applied by competent persons acting under his instructions and control. (10) An amendment to section 24(c) to make it clear that a State may provide registration to meet specfiic local needs. AN ACT To amend the Federal Insecticide, Fungicide, and Rodenticide Act, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Federal Environmental 4 Pesticide Control Act of 1971". 5 AMENDMENTS TO FEDERAL INSECTICIDE, FUNGICIDE, AND 6 7 RODENTICIDE ACT SEC. 2. The Federal Insecticide, Fungicide, and Roden 8 ticide Act (7 U.S.C. 135 et seq.) is amended to read as 9 follows: 10 "SEC. 1. SHORT TITLE AND TABLE OF CONTENTS. 11 "(a) SHORT TITLE.-This Act may be cited as the 12 'Federal Insecticide, Fungicide, and Rodenticide Act'. 3 "(3) Commercial pesticide applicator. “(4) Under the direct supervision and control of a certified "(bb) Substantial adverse effects on the environment. "(cc) Weed. "Sec. 3. Registration of pesticides. "(a) Requirement. "(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. "(d) Classification of pesticides. "(1) Classification for general use, restricted use, or both. "(2) Change in classification. "Sec. 3. Registration of pesticides.-Continued "(e) Products with same formulation and claims. "(f) Miscellaneous. "(1) Effect of change of labeling or formulation. "(3) Authority to consult other Federal agencies. "Sec. 4. Use of restricted use pesticide; certified applicators. "(a) Certification procedure. "(1) Federal certification. "(2) State certification "(b) State plans. |