Pesticide Registration Improvement Extension Act of 2018
AN ACT
To enact into law a bill by reference.
2. Extension and modification of maintenance fee authority
Maintenance fee— Section 4(i)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(1)) is amended—
in subparagraph (C), by striking “an aggregate amount of $27,800,000 for each of fiscal years 2013 through 2017” and inserting “an average amount of $31,000,000 for each of fiscal years 2019 through 2023”;
in subparagraph (D)—
in clause (i), by striking “$115,500 for each of fiscal years 2013 through 2017” and inserting “$129,400 for each of fiscal years 2019 through 2023”; and
in clause (ii), by striking “$184,800 for each of fiscal years 2013 through 2017” and inserting “$207,000 for each of fiscal years 2019 through 2023”;
in subparagraph (E)(i)—
in subclause (I), by striking “$70,600 for each of fiscal years 2013 through 2017” and inserting “$79,100 for each of fiscal years 2019 through 2023”; and
in subclause (II), by striking “$122,100 for each of fiscal years 2013 through 2017” and inserting “$136,800 for each of fiscal years 2019 through 2023”; and
in subparagraph (I), by striking “2017..” and inserting “2023.”.
Prohibition on other fees— Section 4(i)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(2)) is amended—
by striking “the date of enactment of this section and ending on September 30, 2019” and inserting “the effective date of the Pesticide Registration Improvement Extension Act of 2018 and ending on September 30, 2025”; and
by inserting after “registration of a pesticide under this Act” the following: “or any other action covered under a table specified in section 33(b)(3),”.
Extension of prohibition on tolerance fees— Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) is amended by striking “2017” and inserting “2023”.
3. Reregistration and Expedited Processing Fund
Authorized use of fund— Section 4(k)(2)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(k)(2)(A)) is amended—
in the first sentence, by striking “the fund” and inserting “the Reregistration and Expedited Processing Fund”;
by striking “paragraph (3),” in the first sentence and all that follows through the period at the end of the second sentence and inserting the following: “paragraph (3), to offset the costs of registration review under section 3(g), including the costs associated with any review under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) required as part of the registration review, to offset the costs associated with tracking and implementing registration review decisions, including registration review decisions designed to reduce risk, for the purposes specified in paragraphs (4) and (5), and to enhance the information systems capabilities to improve the tracking of pesticide registration decisions.”;
in clause (i), by striking “are allocated solely” and all that follows through “3(g);” and inserting the following: “are allocated solely for the purposes specified in the first sentence of this subparagraph;”; and
in clause (ii), by striking “necessary to achieve” and all that follows through “3(g);” and inserting the following: “necessary to achieve the purposes specified in the first sentence of this subparagraph;”.
Set-Aside for review of inert ingredients and expedited processing of similar applications— Section 4(k)(3)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(k)(3)(A)) is amended, in the matter preceding clause (i), by striking “The Administrator shall use” and all that follows through “personnel and resources—” and inserting the following: “For each of fiscal years 2018 through 2023, the Administrator shall use between 1/9 and 1/8 of the maintenance fees collected in such fiscal year to obtain sufficient personnel and resources—”.
Set-Aside for Expedited Rulemaking and Guidance Development for certain purposes— Paragraph (4) of section 4(k) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(k)) is amended to read as follows:
Set-Aside for Good laboratory practices inspections— Section 4(k) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(k)) is amended—
by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
by inserting after paragraph (4) the following new paragraph:
in paragraph (7), as so redesignated, by striking “paragraphs (2), (3), and (4)” and inserting “paragraphs (2), (3), (4), and (5)”.
4. Experimental use permits for pesticides
Section 5(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136c(a)) is amended—
by striking “permit for a pesticide.” and inserting “permit for a pesticide. An application for an experimental use permit for a covered application under section 33(b) shall conform with the requirements of that section.”; and
by inserting “(or in the case of an application for an experimental use permit for a covered application under section 33(b), not later than the last day of the applicable timeframe for such application specified in such section)” after “all required supporting data”.
5. Pesticide registration service fees
Extension and modification of fee authority— Section 33(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(b)) is amended—
in paragraph (2)—
in the heading, by striking “pesticide registration”; and
in subparagraph (A), by inserting “or for any other action covered by a table specified in paragraph (3)” after “covered by this Act that is received by the Administrator on or after the effective date of the Pesticide Registration Improvement Act of 2003”;
in paragraph (5)—
in the heading, by striking “pesticide registration applications” and inserting “covered applications”; and
by striking “pesticide registration application” both places it appears and inserting “covered application”;
in paragraph (6)—
in subparagraph (A)—
by striking “pesticide registration”; and
by striking “October 1, 2013, and ending on September 30, 2015” and inserting “October 1, 2019, and ending on September 30, 2021”;
in subparagraph (B)—
by striking “pesticide registration”; and
by striking “2015” each place it appears and inserting “2021”; and
in subparagraph (C), by striking “revised registration service fee schedules” and inserting “service fee schedules revised pursuant to this paragraph”;
in paragraph (7)—
in subparagraph (A)—
by striking “covered pesticide registration” and inserting “covered application”; and
by inserting before the period at the end the following: “, except that no waiver or fee reduction shall be provided in connection with a request for a letter of certification (commonly referred to as a Gold Seal letter)”; and
in subparagraph (F)(i), by striking “pesticide registration”; and
in paragraph (8)—
in subparagraph (A), by striking “pesticide registration”;
in subparagraph (B)(i), by striking “pesticide registration”; and
in subparagraph (C)—
in clause (i), by striking “pesticide registration” and inserting “covered”; and
in clause (ii)(I), by striking “pesticide registration” and inserting “covered”.
Pesticide registration fund set-Asides for worker protection, partnership grants, and pesticide safety education— Section 33(c)(3)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(c)(3)(B)) is amended—
in the heading, by inserting “, partnership grants, and pesticide safety education” after “Worker protection”;
in clause (i)—
by striking “2017” and inserting “2023”; and
by inserting before the period at the end the following:“, with an emphasis on field-worker populations in the United States”;
in clause (ii), by striking “2017” and inserting “2023”; and
in clause (iii), by striking “2017” and inserting “2023”.
Reforms To reduce decision time review periods— Section 33(e) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(e)) is amended—
by striking “Pesticide Registration Improvement Extension Act of 2012” and inserting “Pesticide Registration Improvement Extension Act of 2018”; and
by inserting at the end the following new sentence: “Such reforms shall include identifying opportunities for streamlining review processes for applications for a new active ingredient or a new use and providing prompt feedback to applicants during such review process.”.
Decision time review periods— Section 33(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(f)) is amended—
in paragraph (1)—
by striking “Pesticide Registration Improvement Extension Act of 2012” and inserting “Pesticide Registration Improvement Extension Act of 2018”; and
by inserting after “covered pesticide registration actions” the following: “or for any other action covered by a table specified in subsection (b)(3)”;
in paragraph (3), by striking subparagraph (C) and inserting the following new subparagraph:
in paragraph (4)(A)—
by striking “a pesticide registration application” and inserting “a covered application”; and
by striking “covered pesticide registration application” and inserting “covered application”.
Reporting requirements— Section 33(k) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(k)) is amended—
in paragraph (1) by striking “2017” and inserting “2023”; and
in paragraph (2)—
in subparagraph (D), by striking clause (i) and inserting the following new clause:
in subparagraph (G)—
in clause (i)—
by striking “section 4(k)(4)” and inserting “paragraphs (4) and (5) of section 4(k)”; and
by striking “that section” and inserting “such paragraphs”;
by striking clauses (ii), (iii), (iv), (v), and (vi);
by inserting after clause (i) the following new clause:
by redesignating clause (vii) as clause (iii);
in subparagraph (I), by striking “and” at the end;
in subparagraph (J), by striking the period at the end and inserting a semicolon; and
by adding at the end the following new subparagraphs:
Termination of effectiveness— Section 33(m) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(m)) is amended—
in paragraph (1), by striking “2017” and inserting “2023”; and
in paragraph (2)—
in subparagraph (A)—
by striking “Fiscal year 2018.—During fiscal year 2018” and inserting “Fiscal year 2024.—During fiscal year 2024”; and
by striking “2017” and inserting “2023”;
in subparagraph (B)—
by striking “Fiscal year 2019.—During fiscal year 2019” and inserting “Fiscal year 2025.—During fiscal year 2025”; and
by striking “2017” and inserting “2023”;
in subparagraph (C), by striking “September 30, 2019.—Effective September 30, 2019” and inserting “September 30, 2025.—Effective September 30, 2025”; and
in subparagraph (D), by striking “2017” both places it appears and inserting “2023”.
6. Revision of tables regarding covered pesticide registration applications and other covered actions and their corresponding registration service fees
Paragraph (3) of section 33(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(b)) is amended to read as follows:
7. Agricultural worker protection standard; certification of pesticide applicators
In general— Except as provided in subsection (b), during the period beginning on the date of enactment of this Act and ending not earlier than October 1, 2021, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator)—
shall carry out—
the final rule of the Administrator entitled “Pesticides; Agricultural Worker Protection Standard Revisions” (80 Fed. Reg. 67496 (November 2, 2015)); and
the final rule of the Administrator entitled “Pesticides; Certification of Pesticide Applicators” (82 Fed. Reg. 952 (January 4, 2017)); and
shall not revise or develop revisions to the rules described in subparagraphs (A) and (B) of paragraph (1).
Exceptions— Prior to October 1, 2021, the Administrator may propose, and after a notice and public comment period of not less than 90 days, promulgate revisions to the final rule described in subsection (a)(1)(A) addressing application exclusion zones under part 170 of title 40, Code of Federal Regulations, consistent with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
GAO report— The Comptroller General of the United States shall—
conduct a study on the use of the designated representative, including the effect of that use on the availability of pesticide application and hazard information and worker health and safety; and
not later than October 1, 2021, make publically available a report describing the study under paragraph (1), including any recommendations to prevent the misuse of pesticide application and hazard information, if that misuse is identified.