What This Bill Does
This bill amends the Federal Insecticide, Fungicide, and Rodenticide Act to create a consistent definition for plant biostimulants and exclude them from federal regulation. The bill also requires the Secretary of Agriculture to study how plant biostimulants improve soil health and sustainable farming practices.
Who It Affects
Companies that manufacture or sell plant biostimulants. The Environmental Protection Agency. The Secretary of Agriculture. The House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry.
Key Provisions
• Plant biostimulants are excluded from regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (Sec. 2(a))
• The bill defines "plant biostimulant" as a substance, microorganism, or mixture that supports a plant's natural processes to improve nutrient availability, uptake or use efficiency, stress tolerance, and growth or yield (Sec. 2(b))
• The Environmental Protection Agency must revise its regulations within 120 days of the bill becoming law to implement these changes (Sec. 2(c))
• The Secretary of Agriculture must conduct a study assessing plant biostimulants and their practices related to organic matter content, nutrient management, runoff prevention, soil restoration, carbon sequestration, and sustainable agriculture (Sec. 3(a))
• The Secretary must submit a public report of the study results within one year of receiving funding (Sec. 3(b))
What Changes
Plant biostimulants will no longer be regulated as pesticides under federal law. The term "vitamin-hormone horticultural products" is changed to "vitamin hormone products." These products will be defined consistently across federal regulations rather than falling under pesticide rules.
Important Definitions
**Plant biostimulant:** A substance, microorganism, or mixture applied to seeds, plants, soil, or growing media that helps plants use nutrients and handle stress better, based on the product's properties rather than its nutrient content alone.
**Nutritional chemical:** A compound or mixture that helps plants get and use nutrients better. Some plant biostimulants are nutritional chemicals.
**Vitamin hormone product:** A product made from a mixture of plant hormones, plant nutrients, inoculants (beneficial microorganisms), or soil amendments.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 802
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide
for a consistent definition for plant biostimulants.
IN THE SENATE OF THE UNITED STATES
MARCH 15, 2023
Mr. BRAUN (for himself and Mr. PADILLA) introduced the following bill; which
was read twice and referred to the Committee on Agriculture, Nutrition,
and Forestry
A BILL
To
amend
the
Federal
Insecticide,
Fungicide,
and
Rodenticide Act to provide for a consistent definition
for plant biostimulants.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Plant Biostimulant
4
Act of 2023’’.
5
SEC. 2. EXCLUSION FROM REGULATION UNDER FIFRA.
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(a) IN GENERAL.—The Federal Insecticide, Fun-
7
gicide, and Rodenticide Act (7 U.S.C. 136 et seq.) is
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•S 802 IS
amended by inserting after section 3 (7 U.S.C. 136a) the
1
following:
2
‘‘SEC. 3A. EXCLUSION OF PLANT BIOSTIMULANTS.
3
‘‘A plant biostimulant shall not be subject to regula-
4
tion under this Act.’’.
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(b) DEFINITIONS.—Section 2 of the Federal Insecti-
6
cide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is
7
amended—
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(1) in subsection (v)—
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(A) by striking ‘‘vitamin-hormone horti-
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cultural products’’ and inserting ‘‘vitamin hor-
11
mone products’’; and
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(B) by adding at the end the following:
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‘‘Such term shall not include a plant biostimu-
14
lant.’’; and
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(2) by adding at the end the following:
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‘‘(pp) PLANT BIOSTIMULANT.—The term ‘plant bio-
17
stimulant’ means a substance, micro-organism, or mixture
18
thereof, that, when applied to seeds, plants, the
19
rhizosphere, soil, or other growth media, act to support
20
a plant’s natural processes independently of the biostimu-
21
lant’s nutrient content, thereby improving nutrient avail-
22
ability, uptake or use efficiency, tolerance to abiotic stress,
23
and consequent growth, development, quality, or yield.
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•S 802 IS
‘‘(qq) NUTRITIONAL CHEMICAL.—The term ‘nutri-
1
tional chemical’—
2
‘‘(1) means a compound or mixture that inter-
3
acts with plant nutrients in a manner which im-
4
proves nutrient availability or aids the plant in ac-
5
quiring or utilizing plant nutrients; and
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‘‘(2) includes some plant biostimulants.
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‘‘(rr) VITAMIN HORMONE PRODUCT.—The term ‘vi-
8
tamin hormone product’ means a product consisting of a
9
mixture of plant hormones, plant nutrients, inoculants, or
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soil amendments.’’.
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(c) REGULATIONS.—Not later than 120 days after
12
the date of the enactment of this Act, the Administrator
13
of Environmental Protection Agency shall revise the regu-
14
lations under subchapter E of chapter I of title 40, Code
15
of Federal Regulations (as in effect on the date of the
16
enactment of this Act) to carry out the amendments made
17
by subsections (a) and (b).
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SEC. 3. SOIL HEALTH STUDY.
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(a) STUDY.—The Secretary of Agriculture shall con-
20
duct a study to assess the types of, and practices using,
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plant biostimulants (as defined in section 2 of the Federal
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Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
23
136)) that best achieve the following:
24
(1) Increasing organic matter content.
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•S 802 IS
(2) Reducing atmospheric volatilization.
1
(3) Promotion of nutrient management prac-
2
tices.
3
(4) Limiting or eliminating runoff or leaching
4
of soil or nutrients such as phosphorus and nitrogen
5
into groundwater or other water sources.
6
(5) Restoring beneficial bioactivity or healthy
7
nutrients to the soil.
8
(6) Aiding in carbon sequestration, nutrient use
9
efficiency, and other climate-related benefits.
10
(7) Supporting innovative approaches to im-
11
proving agricultural sustainability, including the
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adoption of performance-based outcome standards
13
and criteria.
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(b) REPORT.—Not later than 1 year after the date
15
on which funds are first made available for the study
16
under subsection (a), the Secretary shall make publicly
17
available and submit to the Committee on Agriculture of
18
the House of Representatives and the Committee on Agri-
19
culture, Nutrition, and Forestry of the Senate a report
20
that describes the results of the study.
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Æ
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