110 STAT. 1508
PUBLIC LAW 104-170—AUG. 3, 1996
Subtitle C—Public Health Pesticides
SEC. 230. DEFINITIONS.
(a) ADVERSE EFFECTS. —Section 2(bb) (7 U.S.C. 136(bb)) is
amended by adding at the end the following: "The Administrator
shall consider the risks and benefits of public health pesticides
separate from the risks and benefits of other pesticides. In weighing
any regulatory action concerning a public health pesticide under
this Act, the Administrator shall weigh any risks of the pesticide
against the health risks such as the diseases transmitted by the
vector to be controlled by the pesticide.".
(b) NEW DEFINITIONS.— Section 2 (7 U.S.C. 136), as amended
by section 221, is amended by adding at the end the following:
"(nn) PUBLIC HEALTH PESTICIDE.— The term 'public health pesticide' means any minor use pesticide product registered for use
and used predominantly in public health programs for vector control
or for other recognized health protection uses, including the prevention or mitigation of viruses, bacteria, or other microorganisms
(other than viruses, bacteria, or other microorganisms on or in
living man or other living animal) that pose a threat to public
health.
"(oo) VECTOR. — The term Vector' means any organism capable
of transmitting the causative agent of human disease or capable
of producing human discomfort or injury, including mosquitoes,
flies, fleas, cockroaches, or other insects and ticks, mites, or rats.".
SEC. 231. REGISTRATION.
Section 3(c)(2)(A) (7 U.S.C. 136a(c)(2)(A)) is amended—
(1) by inserting after "pattern of use," the following: "the
public health and agricultural need for such minor use,"; and
(2) by striking "potential exposure of man and the environment to the pesticide" and inserting "potential beneficial or
adverse effects on man and the environment".
SEC. 232. REREGISTRATION.
Section 4 (7 U.S.C. 136a-l) is amended—
(1) in subsection (i)(4), by redesignating subparagraphs
(B) and (C) as subparagraphs (C) and (D), respectively, and
by adding after subparagraph (A) the following:
"(B) The Administrator shall exempt any public health
pesticide from the payment of the fee prescribed under
paragraph (3) if, in consultation with the Secretary of
Health and Human Services, the Administrator determines,
based on information supplied by the registrant, that the
economic return to the registrant from sales of the pesticide
does not support the registration or reregistration of the
pesticide.";
(2) in subsection (i)(5), by redesignating subparagraphs
(F) and (G) as subparagraphs (G) and (H), respectively, and
by adding after subparagraph (E) the following:
"(F) The Administrator shall exempt any public health
pesticide from the payment of the fee prescribed under
paragraph (3) if, in consultation with the Secretary of
Health and Humans Services, the Administrator determines, based on information supplied by the registrant,
that the economic return to the registrant from sales of
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