2 1 Columbia, or to receive in any State, territory, or the Dis2 trict of Columbia, from any other State, territory, or the 3 District of Columbia, or a foreign country the chemical com 4 pound dichlorodiphenyltrichloroethane, commonly known as DDT." 5 92D CONGRESS 1ST SESSION S. 660 IN THE SENATE OF THE UNITED STATES FEBRUARY 8 (legislative day, JANUARY 26), 1971 Mr. NELSON (for himself and Mr. HUMPHREY) introduced the following bill; which was read twice and referred to the Committee on Agriculture and Forestry A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That the Federal Insecticide, Fungicide, and Rodenticide 4 Act, as amended (61 Stat. 167; 7 U.S.C. 135k), is amend5 ed to read as follows: "That this Act, with the following 6 table of contents, may be cited as the National Pesticide 7 Control and Protection Act. II 2 "TABLE OF CONTENTS "Sec. 2. Statement of findings. "Sec. 3. Definitions. "Sec. 4. Prohibited acts. "Sec. 5. Registration. "Sec. 6. Public notice of applications for registration and registration approvals. "Sec. 7. Labeling. "Sec. 8. Testing. "Sec. 9. Certificates for purchase and use. "Sec. 10. Records. "Sec. 11. Rules and regulations. "Sec. 12. Penalties. "Sec. 13. Stop sale and seizure. "Sec. 14. Injunctive proceedings. agencies. "Sec. 16. Imports. "Sec. 17. Use of pesticides or devices by Federal departments and "Sec. 18. National Pesticide Research and Control Trust Fund. "Sec. 19. Authorization for appropriation. "Sec. 20. Separability clause. 1 2 3 4 5 6 7 8 9 10 11 12 13 "STATEMENT OF FINDINGS "SEC. 2. The Congress hereby finds that— "(1) the actual and potential hazards of pesticides and pest control devices to the public health, safety, and welfare, to useful plants and animals and to the environment are not adequately controlled by existing law; "(2) only through effective administration and enforcement of this Act can the public health, safety, and welfare, and the environment be safeguarded. To this end, it is determined that the Environmental Protection Agency is the agency best qualified to carry out the responsibilities of this Act in close cooperation with the Department of Health, Education, and Welfare; 3 "(3) many of the past and present problems caused by certain particularly dangerous pesticides can be traced to the improper and excessive use of these chemical compounds. In order to avoid such misuses, a sys tem of pesticides use by certificate only should be established with a qualified specialist authorized to provide the users of such pesticides with certificates authorizing them to obtain and use certain pesticides in accordance with the certificate issued; "(4) basic to the maintenance of the public health, safety, and welfare and to the protection of the environment is the establishment of sound criteria for use by the Administrator of the Environmental Protection Agency and the Secretary of Health, Education, and Welfare in determining whether the benefits from the use of any pesticide or device are substantially greater than the potential detriments to the public health, safety, and welfare, and to the environment. Such cri teria should include the following: the specificity, per sistence, and mobility of the pesticides and its toxic, carcinogenic, mutagenic, teratogenic, and other effects, as well as the availability of effective alternative means of pest or plant control; "(5) emphasis must be placed on the need to provide the Administrator of the Environmental Protection 4 Agency and the Secretary of Health, Education, and information about the pesticides and devices proposed to be registered and already under registration. To that end, an effective procedure must be established to adequately test all pesticides and devices prior to their entry into commerce, and such testing should be conducted by officials of the Environmental Protection Agency and the Department of Health, Education, and Welfare, or by qualified independent researchers under contracts to the Environmental Protection Agency; "(6) new appeal procedures are necessary to reduce the present delay in reaching final action on the cancellation of a registration or the rejection of a registration application. Under existing law, as much as three hundred ninety days may be consumed through administrative appeals procedures while the pesticide or device may continue to be sold and used without restriction. New procedures must be initiated to hasten the decisionmaking process without jeopardizing the rights of manufacturers and other parties, while at the same time enabling other interested parties from the public to be heard; "(7) private individuals and groups of individuals do not at present have any clear means of protecting themselves or the environment from real or potential |