FEDERAL ENVIRONMENTAL PESTICIDE CONTROL ACT OF 1971 THURSDAY, JUNE 15, 1972 U.S. SENATE, COMMITTEE ON COMMERCE, SUBCOMMITTEE ON THE ENVIRONMENT, Washington, D.C. The subcommittee met at 9:40 a.m. in room 1318, New Senate Office Building, Hon. Philip A. Hart (chairman of the subcommittee) presiding. Present: Senator Hart. OPENING STATEMENT BY SENATOR HART Senator HART. The committee will be in order. I apologize for being late, but the moral of the story is that you should not go to the office before you come to a hearing. On the 7th of this month, our Senate Committee on Agriculture reported H.R. 10729, the Federal Environmental Pesticide Control Act, and it was passed by the House. Then this bill was referred to the Committee on Commerce. Our hearing this morning will begin an examination by the Subcommittee on the Environment of the bill reported by the Agriculture Committee for the purpose to see if any further changes are needed. As passed by the House, the proposed legislation contained several weaknesses that Senator Nelson and I hope to remedy by amendments we have introduced. I am glad that the Agriculture Committee adopted some of the amendments and made some other constructive changes of their own. But a number of the amendments suggested to the committee were not adopted. Our purpose this morning is to seek testimony on these proposals. (The bill as reported by the Committee on Agriculture and Forestry and agency comments follow:) Staff members assigned to these hearings: Leonard Bickwit, Jr. and Lee Tyner. (1) To amend the Federal Insecticide, Fungicide, and Rodenticide Act, and for other purposes. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Environmental 6 Pesticide Control Act of 1972". 7 AMENDMENTS TO FEDERAL INSECTICIDE, FUNGICIDE, AND 8 9 10 RODENTICIDE ACT SEC. 2. The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.) is amended to read as 11 follows: 12 "SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 13 "(a) SHORT TITLE.-This Act may be cited as the 14 'Federal Insecticide, Fungicide, and Rodenticide Act'. "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. "(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. Use of restricted use pesticide; certified applicators. "(a) Certification procedure. "(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, etc. "(a) In general. "(b) Release of data. "(c) Disclosure. "(d) Disputes. "Sec. 11. Standards applicable to pesticide applicators. "(a) In general. "(b) 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 pesticide applicator. 65 "Sec. 16. 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. 3 "(a) ACTIVE INGREDIENT.-The term 'active ingredi 4 ent' means— 5 6 7 8 9 10 11 121 "(1) in the case of a pesticide other than a plant regulator, defoliant, or desiccant, 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; |