Page:United States Statutes at Large Volume 104 Part 5.djvu/307

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3629 pesticide would pose an unreasonable adverse effect on the environment. "(D) Subject to paragraph (3)(B), after complying with this paragraph, the Administrator may approve or deny the request."; and (2) by adding at the end the following new paragraph: "(3) TRANSFER OF REGISTRATION OF PESTICIDES REGISTERED FOR MINOR AGRICULTURAL USES. — In the case of a pesticide that is registered for a minor sigricultural use: "(A) During the 90-day period referred to in paragraph (IXCXii), the registrant of the pesticide may notify the Administrator of an agreement between the registrant and a person or persons (including persons who so use the pesticide) to transfer the registration of the pesticide, in lieu of canceling or amending the registration to terminate the use. "(B) An application for transfer of registration, in conformance with any regulations the Administrator may adopt with respect to the transfer of the pesticide registrations, must be submitted to the Administrator within 30 days of the date of notification provided pursuant to subparagraph (A). If such an application is submitted, the Administrator shall approve the transfer and shall not approve the request for voluntary cancellation or amendment to terminate use unless the Administrator determines that the continued use of the pesticide would cause an unreasonable adverse affect on the environment. "(C) If the Administrator approves the transfer and the registrant transfers the registration of the pesticide, the Administrator shall not cancel or amend the registration to delete the use or rescind the transfer of the registration, during the 180-day period beginning on the date of the approval of the transfer unless the Administrator determines that the continued use of the pesticide would cause an unreasonable adverse effect on the environment. "(D) The new registrant of the pesticide shall assume the outstanding data and other requirements for the pesticide that are pending at the time of the transfer.". SEC. 1495. PEST CONTROL. Section 28 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-3) is amended— (1) by inserting "(a) IN GENERAL.— " before "The Administrator,"; and (2) by adding at the end thereof the following new subsections: " (b) PEST CONTROL AVAILABILITY. — "(1) IN GENERAL.—The Administrator, in cooperation with the Secretary of Agriculture, shall identify— "(A) available methods of pest control by crop or animal; "(B) minor pest control problems, both in minor crops and minor or localized problems in major crops; and "(C) factors limiting the availability of specific pest control methods, such as resistance to control methods and regulatory actions limiting the availability of control methods. "(2) REPORT.— The Secretary of Agriculture shall, not later than 180 days after the date of enactment of this subsection and