S.2652 - Circle of Poison Prevention Act of 1998105th Congress (1997-1998)
Summary: S.2652 — 105th Congress (1997-1998)
Introduced in Senate (10/21/1998)
TABLE OF CONTENTS:
Title I: Exported Pesticides
Title II: Pesticide Residue Monitoring
Title III: Pesticide Tolerances
Title IV: Pesticide Information
Title V: Effective Dates
Circle of Poison Prevention Act of 1998 - Title I: Exported Pesticides - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require pesticide producers operating registered establishments to inform the Administrator of the Environmental Protection Agency of: (1) the types and quantities of pesticides and active ingredients used in producing pesticides for export to a foreign country; and (2) the date of export and quantity of such materials exported to each foreign country to which the producer has exported during the past 365-day period.
(Sec. 103) Provides that specified information on exported pesticides shall not be entitled to confidential trade secret treatment.
(Sec. 104) Makes it unlawful to export a pesticide or device in violation of FIFRA export requirements.
(Sec. 105) Prohibits the exportation of a pesticide or device unless: (1) such materials are prepared and packaged according to the specifications of the foreign purchaser and the legal requirements of the country of use; and (2) the label of the pesticide is written in the official language of the country of use and contains all information required to be included in the labeling for such pesticide in the United States.
Prohibits the exportation of a pesticide to a country of use if: (1) the registrations for pesticides containing an active ingredient that is included in such pesticide that account for nearly all of the uses of such ingredient have been canceled; (2) the tolerances for an active ingredient in such pesticide that account for nearly all the uses of such ingredient have been revoked; or (3) an active ingredient of the pesticide is ineligible for reregistration. Prohibits such exports (including pesticides used for agricultural production) unless: (1) the pesticide is registered; or (2) all of the active ingredients in the pesticide are the subject of a food tolerance.
Requires exporters, prior to the shipment of certain pesticides, to provide specified information to the Administrator. Prohibits the exportation of any pesticide to a country of use that: (1) has refused consent; or (2) has given conditional consent unless the conditions on which the consent was given are met. Prohibits refusals to consent unless the country certifies that it is not producing or importing and will not produce or import the pesticide or a similar product with the same active ingredient.
Waives requirements described above, upon the request of a country of use and subject to certain determinations by the Administrator, to permit the export of pesticides not meeting FIFRA requirements to: (1) prevent or arrest the spread of a communicable disease; or (2) stop or prevent the spread of a pest that is destroying or will destroy quantities of the country's food supply so as to result in widespread famine.
Permits the export of pesticides for experimental use in foreign countries if specified conditions are met.
Directs the Administrator to submit information to the Secretary of Health and Human Services concerning inspection for pesticide residues in imported foods conducted by the Department of Health and Human Services.
Requires the Administrator to notify foreign countries and the International Register of Potentially Toxic Chemicals whenever regulatory action is taken with respect to a pesticide.
Directs the Administrator to: (1) convene meetings with foreign governments and other interested parties to promote the implementation of improved research and regulatory programs for pest management and strategies for sustainable agriculture and to encourage the adoption of a multilateral convention requiring standard notice and pesticide export control measures; and (2) provide foreign countries with technical assistance to develop pesticide regulatory programs.
Permits persons to bring civil actions to secure the imposition of penalties on persons who violate pesticide export requirements. Prohibits civil actions from being initiated on the basis of existing proceedings for criminal violations.
(Sec. 106) Requires the Comptroller General to report to the Congress every four years on: (1) the operation and effect of this Act; and (2) how exported pesticides and their containers are used and disposed of and on their impact on the public health and the environment of countries of use.
Title II: Pesticide Residue Monitoring - Amends the Omnibus Trade and Competitiveness Act of 1988 to direct the Food and Drug Administration to summarize the volume of each food product subject to the requirements of the Federal Food, Drug, and Cosmetic Act imported into the United States in quantities determined by the Secretary of Health and Human Services to be commercial quantities (currently, products having an entry value exceeding an amount established by the Secretary). Requires the summary to: (1) be made by food product, country of origin, port of entry, pesticides monitored by the Secretary, pesticide residues detected, and the quantity of each pesticide exported from the United States for agricultural use; and (2) indicate the volume of each type of food tested for pesticide residues, arranged by pesticide, food, and country of origin.
Title III: Pesticide Tolerances - Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator, if a registration under FIFRA for a pesticide to be used on food is canceled or modified to prohibit its use in connection with food, to revoke any tolerance or exemption that permits the presence of the pesticide on the food. Suspends tolerances or exemptions for pesticides used on food if such use is suspended under FIFRA.
Authorizes the Administrator, if a residue of a canceled or suspended pesticide will persist in the environment and be present on a food, to establish a tolerance for the pesticide at a level that permits the residue to remain and will protect public health. Requires the Administrator to reduce the tolerance for any suspended or canceled pesticide annually if any decrease in the pesticide's residual environmental contamination or residues on food has occurred. Prohibits the Administrator from establishing or continuing a tolerance for a pesticide chemical residue unless the best available, practical method for detecting and measuring the levels of the residue on a food exists.
Title IV: Pesticide Information - Prohibits the importation of a raw agricultural commodity into U.S. customs territory unless the commodity importer files with the Secretary and the Secretary of the Treasury a document identifying each pesticide chemical used in connection with the commodity. Requires such importers, if unreported pesticides are detected in such commodities, to submit residue analyses for such pesticides. Waives reporting requirements for unreported pesticides if the presence of such pesticides is attributable to long-term environmental persistence and does not pose a health risk. Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to apply such requirements to importers of meat, poultry, and eggs.
(Sec. 402) Amends the Agricultural Act of 1954 to add to the list of annual reporting requirements of agricultural attaches a report on the customary use of pesticides in the production of agricultural commodities in foreign countries.
Title V: Effective Dates - Sets forth the effective dates for provisions of this Act.