Page:United States Statutes at Large Volume 102 Part 3.djvu/703

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-532—OCT. 25, 1988

102 STAT. 2655

SEC. 2. REFERENCES TO THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).

TITLE I—REGISTRATION SEC. 101. DEFINITION OF OUTSTANDING DATA REQUIREMENT. Section 2 (7 U.S.C. 136) is amended by adding at the end thereof the following new subsection: "(ff) OUTSTANDING DATA REQUIREMENT.—

"(1) IN GENERAL.—The term 'outstanding data requirement' means a requirement for any study, information, or data that is necessary to make a determination under section 3(c)(5) and which study, information, or data— "(A) has not been submitted to the Administrator; or "(B) if submitted to the Administrator, the Administrator has determined must be resubmitted because it is not valid, complete, or adequate to make a determination under section 3(c)(5) and the regulations and guidelines issued under such section. "(2) FACTORS.—In making a determination under paragraph (1)(B) respecting a study, the Administrator shall examine, at a minimum, relevant protocols, documentation of the conduct and analysis of the study, and the results of the study to determine whether the study and the results of the study fulfill the data requirement for which the study was submitted to the Administrator.. SEC. 102. REREGISTRATION OF REGISTERED PESTICIDES. (a) AMENDMENT.—The Act is amended by inserting after section 3 (7 U.S.C. 136a) the following new section: "SEC. 3A. REREGISTRATION OF REGISTERED PESTICIDES. 7 USC 136a-l. "(a) GENERAL RULE.—The Administrator shall reregister, in accordance with this section, each registered pesticide containing any active ingredient contained in any pesticide first registered before November 1, 1984, except for any pesticide as to which the Administrator has determined, after November 1, 1984, and before the effective date of this section, that— "(1) there are no outstanding data requirements; and "(2) the requirements of section 3(c)(5) have been satisfied. "(b) REREGISTRATION PHASES.—Reregistrations of pesticides under this section shall be carried out in the following phases: "(1) The first phase shall include the listing under subsection (c) of the active ingredients of the pesticides that will be reregistered. "(2) The second phase shall include the submission to the Administrator under subsection (d) of notices by registrants respecting their intention to seek reregistration, identification by registrants of missing and inadequate data for such pesticides, and commitments by registrants to replace such missing or inadequate data within the applicable time period.