Protect America’s Children from Toxic Pesticides Act

II 116TH CONGRESS 2D SESSION S. 4406 To amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes. IN THE SENATE OF THE UNITED STATES AUGUST 4, 2020 Mr. UDALL (for himself, Ms. WARREN, Mr. BOOKER, and Mr. SANDERS) in- troduced the following bill; which was read twice and referred to the Com- mittee on Agriculture, Nutrition, and Forestry A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes. 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 ‘‘Protect America’s Chil- 4 dren from Toxic Pesticides Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4406 IS (1) the Environmental Protection Agency (re- 1 ferred to in this section as the ‘‘EPA’’) regularly 2 fails to incorporate updated scientific understanding 3 to protect human health and the environment from 4 the harmful effects of pesticide products, as envi- 5 sioned by the Federal Insecticide, Fungicide, and 6 Rodenticide Act (7 U.S.C. 136 et seq.), resulting in 7 the use of billions of pounds of pesticides every year 8 that were approved based on outdated science; 9 (2) the United States lags behind the European 10 Union and other developed nations in protecting its 11 people and its environment from toxic chemicals, al- 12 lowing the use of 72 pesticides that have been 13 banned or are being phased out in the European 14 Union alone; 15 (3) the EPA registers nearly 65 percent of pes- 16 ticides through conditional registrations and fre- 17 quently waives requirements to extend the use of 18 conditional registrations prior to completion of com- 19 prehensive registration; 20 (4) the EPA permits the continued sale of po- 21 tentially dangerous stocks of pesticides after reg- 22 istration has been canceled or suspended; 23 (5) the EPA uses emergency exemptions to 24 keep pesticides on the market for years without un- 25 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4406 IS dergoing a comprehensive registration process that 1 would ensure the safe use of the pesticides; 2 (6) the EPA is prohibited from requiring the 3 disclosure of inert ingredients, even though inert in- 4 gredients can account for 99 percent of a pesticide 5 product and include carcinogenic and toxic chemi- 6 cals; 7 (7) the International Agency for Research on 8 Cancer, the specialized cancer agency of the World 9 Health Organization, has assessed and ranked the 10 carcinogenicity of hundreds of pesticides to ensure 11 that the most up-to-date, rigorous scientific informa- 12 tion is used to inform the world of the risks of pes- 13 ticides; 14 (8) scientists have repeatedly linked exposure to 15 organophosphate pesticides to neurodevelopmental 16 damage in children; 17 (9) the United States Fish and Wildlife Service 18 and the National Marine Fisheries Service have de- 19 termined that organophosphate pesticides jeopardize 20 the survival of 97 percent of endangered species; 21 (10) neonicotinoid pesticides are contributing to 22 the rapid decline of pollinators and the deterioration 23 of pollinator health, including impaired foraging be- 24 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4406 IS havior and increased susceptibility to viruses, dis- 1 eases, and parasites; 2 (11) exposure to paraquat— 3 (A) causes heart failure, kidney failure, 4 liver failure, lung scarring, and damage to brain 5 cells; and 6 (B) greatly increases the risk of developing 7 Parkinson’s disease; 8 (12) local communities have been blocked by 9 States from enacting pesticide restrictions to protect 10 people and environment from toxic chemicals; and 11 (13) farmworkers are— 12 (A) disproportionately exposed to and 13 harmed by pesticide use; and 14 (B) afforded inadequate safeguards and 15 far less protection than industrial workers. 16 SEC. 3. ENDING INDEFINITE DELAYS ON REVIEW OF DAN- 17 GEROUS PESTICIDES. 18 (a) DEFINITIONS.— 19 (1) IN GENERAL.—Section 2 of the Federal In- 20 secticide, Fungicide, and Rodenticide Act (7 U.S.C. 21 136) is amended— 22 (A) by striking subsection (z) and inserting 23 the following: 24 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4406 IS ‘‘(z) REGISTRATION.—The term ‘registration’ means 1 the approval of an active ingredient or pesticide product 2 under this Act— 3 ‘‘(1) that has not previously been registered 4 under this Act; or 5 ‘‘(2) for a crop or use for which the active in- 6 gredient or pesticide has not previously been reg- 7 istered under this Act.’’; 8 (B) by redesignating subsections (aa) 9 through (oo) as subsections (bb) through (pp), 10 respectively; and 11 (C) by inserting after subsection (z) the 12 following: 13 ‘‘(aa) REGISTRATION REVIEW DETERMINATION.— 14 ‘‘(1) IN GENERAL.—The term ‘registration re- 15 view determination’ means the final decision to 16 renew the registration of a pesticide product or ac- 17 tive ingredient to authorize the use of the pesticide 18 product or active ingredient— 19 ‘‘(A) for an additional 15-year period from 20 the date of the previous registration, reregistra- 21 tion, or registration review determination, as 22 applicable; and 23 ‘‘(B) in compliance with all applicable laws 24 and regulations. 25 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4406 IS ‘‘(2) EXCLUSION.—The term ‘registration re- 1 view determination’ does not include any interim de- 2 termination regarding the continued use of a pes- 3 ticide product or active ingredient by the Adminis- 4 trator.’’. 5 (2) CONFORMING AMENDMENTS.— 6 (A) Section 2(e)(1) of the Federal Insecti- 7 cide, Fungicide, and Rodenticide Act (7 U.S.C. 8 136(e)(1)) is amended by striking ‘‘subsection 9 (ee)’’ and inserting ‘‘subsection (ff)’’. 10 (B) Section 3(h)(3)(E) of the Federal In- 11 secticide, Fungicide, and Rodenticide Act (7 12 U.S.C. 136a(h)(3)(E)) is amended by striking 13 ‘‘section 2(mm)’’ and inserting ‘‘section 2(nn)’’. 14 (C) Section 33(b)(3) of the Federal Insec- 15 ticide, Fungicide, and Rodenticide Act (7 16 U.S.C. 136w–8(b)(3)) is amended— 17 (i) by striking ‘‘§2(mm)’’ each place it 18 appears and inserting ‘‘section 2(nn)’’; and 19 (ii) by striking ‘‘Section 2(ll)(2)’’ and 20 inserting ‘‘section 2(mm)(2)’’. 21 (b) SUSPENSION OF DANGEROUS PESTICIDES ON 22 FAILURE TO COMPLETE REGISTRATION REVIEW ON 23 TIME.—Section 4 of the Federal Insecticide, Fungicide, 24 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4406 IS and Rodenticide Act (7 U.S.C. 136a–1) is amended by 1 adding at the end the following: 2 ‘‘(o) SUSPENSION OF DANGEROUS PESTICIDES ON 3 FAILURE TO COMPLETE REGISTRATION REVIEW ON 4 TIME.— 5 ‘‘(1) DEFINITION OF DANGEROUS PESTICIDE.— 6 In this subsection, the term ‘dangerous pesticide’ 7 means an active ingredient or pesticide product that 8 may— 9 ‘‘(A) be carcinogenic; 10 ‘‘(B) be acutely toxic; 11 ‘‘(C) be an endocrine disruptor; 12 ‘‘(D) cause harm to a pregnant woman or 13 a fetus; or 14 ‘‘(E) cause neurological or developmental 15 harm. 16 ‘‘(2) PETITIONS TO DESIGNATE DANGEROUS 17 PESTICIDES.— 18 ‘‘(A) IN GENERAL.—An interested person 19 may submit a petition under section 553(e) of 20 title 5, United States Code, to designate an ac- 21 tive ingredient or pesticide product as a dan- 22 gerous pesticide under this subsection. 23 ‘‘(B) REVIEW.—On receipt of a petition 24 under subparagraph (A), the Administrator 25 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4406 IS shall review the petitions submitted by inter- 1 ested persons under that subparagraph relating 2 to that active ingredient or pesticide product to 3 determine if the active ingredient or pesticide 4 product may warrant designation as a dan- 5 gerous pesticide. 6 ‘‘(3) INITIAL FINDINGS.— 7 ‘‘(A) IN GENERAL.—Not later than 90 8 days after the receipt of a petition described in 9 paragraph (2)(A), the Administrator shall make 10 a finding as to whether the petition presents 11 substantial scientific information indicating that 12 the designation of the petitioned active ingre- 13 dient or pesticide product as a dangerous pes- 14 ticide may be warranted. 15 ‘‘(B) FAILURE TO REVIEW PETITION.—If 16 the Administrator fails make a finding on a pe- 17 tition by the date required under subparagraph 18 (A), the active ingredient or pesticide product 19 that is the subject of the petition shall be 20 deemed to be a dangerous pesticide. 21 ‘‘(C) FULL CONSIDERATION OF ALL 22 SCIENCE.— 23 ‘‘(i) IN GENERAL.—In making a find- 24 ing as to whether a petition provides sub- 25 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4406 IS stantial scientific information that an ac- 1 tive ingredient or pesticide product may 2 warrant designation as a dangerous pes- 3 ticide under subparagraph (A), the Admin- 4 istrator shall fully consider all relevant— 5 ‘‘(I) epidemiological studies or in- 6 formation; 7 ‘‘(II) peer-reviewed literature; 8 and 9 ‘‘(III) information or data pro- 10 vided by a Federal or State agency. 11 ‘‘(ii) REQUIREMENT.—The Adminis- 12 trator shall not discount or ignore informa- 13 tion provided in a petition described in 14 paragraph (2)(A) based on any criteria 15 under part 152 or 160 of title 40, Code of 16 Federal Regulations (or successor regula- 17 tions), or any rule issued by the Adminis- 18 trator under docket number EPA–HQ– 19 OA–2018–0259. 20 ‘‘(4) SUSPENSIONS OF PESTICIDE.— 21 ‘‘(A) IN GENERAL.—Notwithstanding any 22 other provision of law, on a finding under para- 23 graph (3)(A) that an active ingredient or pes- 24 ticide product may warrant designation as a 25 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4406 IS dangerous pesticide, or on operation of para- 1 graph (3)(B), the Administrator shall imme- 2 diately suspend the registration of the active in- 3 gredient or pesticide product if a valid rereg- 4 istration eligibility decision or registration re- 5 view determination has not been made regard- 6 ing the active ingredient or pesticide product 7 during the 15-year period ending on the date of 8 that finding or operation. 9 ‘‘(B) DURATION.—The registration of an 10 active ingredient or pesticide product suspended 11 under subparagraph (A) shall remain suspended 12 until such time as the Administrator makes a 13 registration review determination in accordance 14 with this section. 15 ‘‘(5) EXISTING STOCKS.—In accordance with 16 section 6(a)(1), the Administrator shall not permit 17 the continued sale and use of existing stocks of an 18 active ingredient or pesticide product the registra- 19 tion of which has been suspended under paragraph 20 (4). 21 ‘‘(6) CANCELLATION.—Notwithstanding any 22 other provision of law, including section 6(b), if the 23 Administrator fails to suspend the registration of an 24 active ingredient or pesticide product that may war- 25 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4406 IS rant designation as a dangerous pesticide as re- 1 quired by this subsection by not later than 60 days 2 after any deadline described in this subsection— 3 ‘‘(A) the registration of the active ingre- 4 dient or pesticide product shall be immediately 5 and permanently canceled by operation of law 6 and without any further proceedings; and 7 ‘‘(B) in accordance with section 6(a)(1), 8 the sale of existing stocks of the active ingre- 9 dient or pesticide product shall be prohibited. 10 ‘‘(7) CITIZEN SUITS.— 11 ‘‘(A) IN GENERAL.—Any person may bring 12 a civil action against the Administrator where 13 there is an alleged failure of the Administrator 14 to comply with any provision of this subsection. 15 ‘‘(B) REVIEWABILITY.—An action under 16 subparagraph (A) shall be reviewable in the dis- 17 trict courts of the United States pursuant to 18 section 16(a). 19 ‘‘(8) INAPPLICABILITY OF IREDS.—Notwith- 20 standing any other provision of law, an interim reg- 21 istration review decision or any other interim deter- 22 mination with respect to an active ingredient or pes- 23 ticide product shall have no force or effect regarding 24 any requirement of this subsection.’’. 25 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 4406 IS SEC. 4. EMERGENCY REVIEW OF PESTICIDES BANNED IN 1 OTHER NATIONS. 2 Section 6 of the Federal Insecticide, Fungicide, and 3 Rodenticide Act (7 U.S.C. 136d) is amended by adding 4 at the end the following: 5 ‘‘(i) SUSPENSION AND EXPEDITED REVIEW OF 6 BANNED PESTICIDES.— 7 ‘‘(1) SUSPENSION OF BANNED PESTICIDES.— 8 The Administrator shall immediately suspend the 9 registration of any active ingredient or pesticide 10 product that is— 11 ‘‘(A) banned or otherwise prohibited from 12 entering the market by the European Union, 1 13 or more countries in the European Union, or 14 Canada; and 15 ‘‘(B) registered for use within the United 16 States. 17 ‘‘(2) EXPEDITED REVIEW.— 18 ‘‘(A) IN GENERAL.—The Administrator 19 shall complete an expedited review of the jus- 20 tification and rationale for the ban of a pes- 21 ticide by the European Union or a country de- 22 scribed in paragraph (1)(A). 23 ‘‘(B) NOTICE AND COMMENT.—In carrying 24 out an expedited review with respect to each 25 pesticide under subparagraph (A), the Adminis- 26 VerDate Sep 11 2014 22:15 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4406.IS S4406 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 4406 IS trator shall provide notice a [Text truncated for display. 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