,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gidj ,,in ,,the ,,house ,,of ,,representatives ,august #d1 #bjbj,mr4 ,neguse 7for himself1 ,mrs4 ,hayes1 ,mr4 ,blumenauer1 ,ms4 ,barragn1 ,mr4 ,grijalva1 ,ms4 ,jayapal1 ,mr4 ,espaillat1 and ,mr4 ,nadler7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to amend the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act to fully protect the safety of children and the environment1 to remove dangerous pesticides from use1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect ,america's ,children from ,toxic ,pesticides ,act4 #b4 ,findings ,congress finds that-- 7#a7 the ,environmental ,protection ,agency 7referred to in this section as the ,,epa7 regularly fails to incorporate updated scientific understanding to protect human health and the environment from the harmful effects of pesticide products1 as envisioned by the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq471 resulting in the use of billions of pounds of pesticides every year that were approved based on outdated science2 7#b7 the ,united ,states lags behind the ,european ,union and other developed nations in protecting its people and its environment from toxic chemicals1 allowing the use of #gb pesticides that have been banned or are being phased out in the ,european ,union alone2 7#c7 the ,,epa registers nearly #fe percent of pesticides through conditional registrations and frequently waives requirements to extend the use of conditional registrations prior to completion of comprehensive registration2 7#d7 the ,,epa permits the continued sale of potentially dangerous stocks of pesticides after registration has been canceled or suspended2 7#e7 the ,,epa uses emergency exemptions to keep pesticides on the market for years without undergoing a comprehensive registration process that would ensure the safe use of the pesticides2 7#f7 the ,,epa is prohibited from requiring the disclosure of inert ingredients1 even though inert ingredients can account for #ii percent of a pesticide product and include carcinogenic and toxic chemicals2 7#g7 the ,international ,agency for ,research on ,cancer1 the specialized cancer agency of the ,world ,health ,organization1 has assessed and ranked the carcinogenicity of hundreds of pesticides to ensure that the most up-to-date1 rigorous scientific information is used to inform the world of the risks of pesticides2 7#h7 scientists have repeatedly linked exposure to organophosphate pesticides to neurodevelopmental damage in children2 7#i7 the ,united ,states ,fish and ,wildlife ,service and the ,national ,marine ,fisheries ,service have determined that organophosphate pesticides jeopardize the survival of #ig percent of endangered species2 7#aj7 neonicotinoid pesticides are contributing to the rapid decline of pollinators and the deterioration of pollinator health1 including impaired foraging behavior and increased susceptibility to viruses1 diseases1 and parasites2 7#aa7 exposure to paraquat-- 7,a7 causes heart failure1 kidney failure1 liver failure1 lung scarring1 and damage to brain cells2 and 7,b7 greatly increases the risk of developing ,parkinson's disease2 7#ab7 local communities have been blocked by ,states from enacting pesticide restrictions to protect people and environment from toxic chemicals2 and 7#ac7 farmworkers are-- 7,a7 disproportionately exposed to and harmed by pesticide use2 and 7,b7 afforded inadequate safeguards and far less protection than industrial workers4 #c4 ,ending indefinite delays on review of dangerous pesticides 7a7 ,definitions 7#a7 ,in general ,section #b of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf7 is amended-- 7,a7 by striking subsection 7z7 and inserting the following3 7z7 ,registration ,the term registration means the approval of an active ingredient or pesticide product under this ,act-- 7#a7 that has not previously been registered under this ,act2 or 7#b7 for a crop or use for which the active ingredient or pesticide has not previously been registered under this ,act4 2 7,b7 by redesignating subsections 7aa7 through 7oo7 as subsections 7bb7 through 7pp71 respectively2 and 7,c7 by inserting after subsection 7z7 the following3 7aa7 ,registration review determination 7#a7 ,in general ,the term registration review determination means the final decision to renew the registration of a pesticide product or active ingredient to authorize the use of the pesticide product or active ingredient-- 7,a7 for an additional #ae-year period from the date of the previous registration1 reregistration1 or registration review determination1 as applicable2 and 7,b7 in compliance with all applicable laws and regulations4 7#b7 ,exclusion ,the term registration review determination does not include any interim determination regarding the continued use of a pesticide product or active ingredient by the ,administrator4 4 7#b7 ,conforming amendments 7,a7 ,section #b7;e77#a7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf7;e77#a77 is amended by striking subsection 7ee7 and inserting subsection 7ff74 7,b7 ,section #c7;h77#c77;,e7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7h77#c77;,e77 is amended by striking section #b7mm7 and inserting section #b7nn74 7,c7 ,section #cc7;b77#c7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acfw-#h7;b77#c77 is amended-- 7i7 by striking #b7mm7 each place it appears and inserting section #b7nn72 and 7ii7 by striking ,section #b7ll77#b7 and inserting section #b7mm77#b74 7b7 ,suspension of dangerous pesticides on failure ,to complete registration review on time ,section #d of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a-#a7 is amended by adding at the end the following3 7o7 ,suspension of dangerous pesticides on failure ,to complete registration review on time 7#a7 ,definition of dangerous pesticide ,in this subsection1 the term dangerous pesticide means an active ingredient or pesticide product that may-- 7,a7 be carcinogenic2 7,b7 be acutely toxic2 7,c7 be an endocrine disruptor2 7,d7 cause harm to a pregnant woman or a fetus2 or 7,e7 cause neurological or developmental harm4 7#b7 ,petitions to designate dangerous pesticides 7,a7 ,in general ,an interested person may submit a petition under section #eec7;e7 of title #e1 ,united ,states ,code1 to designate an active ingredient or pesticide product as a dangerous pesticide under this subsection4 7,b7 ,review ,on receipt of a petition under subparagraph 7,a71 the ,administrator shall review the petitions submitted by interested persons under that subparagraph relating to that active ingredient or pesticide product to determine if the active ingredient or pesticide product may warrant designation as a dangerous pesticide4 7#c7 ,initial findings 7,a7 ,in general ,not later than #ij days after the receipt of a petition described in paragraph 7#b77;,a71 the ,administrator shall make a finding as to whether the petition presents substantial scientific information indicating that the designation of the petitioned active ingredient or pesticide product as a dangerous pesticide may be warranted4 7,b7 ,failure to review petition ,if the ,administrator fails make a finding on a petition by the date required under subparagraph 7,a71 the active ingredient or pesticide product that is the subject of the petition shall be deemed to be a dangerous pesticide4 7,c7 ,full consideration of all science 7i7 ,in general ,in making a finding as to whether a petition provides substantial scientific information that an active ingredient or pesticide product may warrant designation as a dangerous pesticide under subparagraph 7,a71 the ,administrator shall fully consider all relevant-- 7,i7 epidemiological studies or information2 7,,ii7 peer-reviewed literature2 and 7,,iii7 information or data provided by a ,federal or ,state agency4 7ii7 ,requirement ,the ,administrator shall not discount or ignore information provided in a petition described in paragraph 7#b77;,a7 based on any criteria under part #aeb or #afj of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 or any rule issued by the ,administrator under docket number ,,epa-,,hq-,,oa-#bjah-jbei4 7#d7 ,suspensions of pesticide 7,a7 ,in general ,notwithstanding any other provision of law1 on a finding under paragraph 7#c77;,a7 that an active ingredient or pesticide product may warrant designation as a dangerous pesticide1 or on operation of paragraph 7#c77;,b71 the ,administrator shall immediately suspend the registration of the active ingredient or pesticide product if a valid reregistration eligibility decision or registration review determination has not been made regarding the active ingredient or pesticide product during the #ae-year period ending on the date of that finding or operation4 7,b7 ,duration ,the registration of an active ingredient or pesticide product suspended under subparagraph 7,a7 shall remain suspended until such time as the ,administrator makes a registration review determination in accordance with this section4 7#e7 ,existing stocks ,in accordance with section #f7;a77#a71 the ,administrator shall not permit the continued sale and use of existing stocks of an active ingredient or pesticide product the registration of which has been suspended under paragraph 7#d74 7#f7 ,cancellation ,notwithstanding any other provision of law1 including section #f7;b71 if the ,administrator fails to suspend the registration of an active ingredient or pesticide product that may warrant designation as a dangerous pesticide as required by this subsection by not later than #fj days after any deadline described in this subsection-- 7,a7 the registration of the active ingredient or pesticide product shall be immediately and permanently canceled by operation of law and without any further proceedings2 and 7,b7 in accordance with section #f7;a77#a71 the sale of existing stocks of the active ingredient or pesticide product shall be prohibited4 7#g7 ,citizen suits 7,a7 ,in general ,any person may bring a civil action against the ,administrator where there is an alleged failure of the ,administrator to comply with any provision of this subsection4 7,b7 ,reviewability ,an action under subparagraph 7,a7 shall be reviewable in the district courts of the ,united ,states pursuant to section #af7;a74 7#h7 ,inapplicability of ,,ireds ,notwithstanding any other provision of law1 an interim registration review decision or any other interim determination with respect to an active ingredient or pesticide product shall have no force or effect regarding any requirement of this subsection4 4 #d4 ,emergency review of pesticides banned in other nations ,section #f of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;d7 is amended by adding at the end the following3 7i7 ,suspension and expedited review of banned pesticides 7#a7 ,suspension of banned pesticides ,the ,administrator shall immediately suspend the registration of any active ingredient or pesticide product that is-- 7,a7 banned or otherwise prohibited from entering the market by the ,european ,union1 #a or more countries in the ,european ,union1 or ,canada2 and 7,b7 registered for use within the ,united ,states4 7#b7 ,expedited review 7,a7 ,in general ,the ,administrator shall complete an expedited review of the justification and rationale for the ban of a pesticide by the ,european ,union or a country described in paragraph 7#a77;,a74 7,b7 ,notice and comment ,in carrying out an expedited review with respect to each pesticide under subparagraph 7,a71 the ,administrator shall provide notice and an opportunity for public comment4 7#c7 ,cancellation 7,a7 ,in general ,notwithstanding any other provision of law1 including subsection 7b71 if the ,administrator determines after a review under paragraph 7#b7 that the pesticide under review may be dangerous in accordance with subparagraph 7,b71 the registration that is suspended shall be canceled not later than #b years after the date of completion of the review4 7,b7 ,determination of dangerous pesticide ,the ,administrator shall determine that a pesticide under review under paragraph 7#b7 may be dangerous if substantial information indicates that the pesticide may-- 7i7 be carcinogenic2 7ii7 be acutely toxic2 7iii7 be an endocrine disruptor2 7iv7 cause harm to a pregnant woman or a fetus2 or 7v7 cause neurological or developmental harm4 7,c7 ,full consideration of science 7i7 ,in general ,in determining whether a pesticide under review under paragraph 7#b7 may be dangerous1 the ,administrator shall consider relevant evidence1 including-- 7,i7 epidemiological data2 7,,ii7 peer-reviewed literature2 and 7,,iii7 data generated by a ,state or ,federal agency or an agency of a foreign government4 7ii7 ,treatment of information ,notwithstanding any requirements or criteria under parts #aeb and #afj of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 or any rule issued by the ,administrator under docket number ,,epa-,,hq-,,oa-#bjah-jbei1 the ,administrator shall not discount1 otherwise ignore1 or give disproportionately more or less weight to evidence described in clause 7i74 7,d7 ,consideration of economic cost prohibited ,in determining whether a pesticide under review under paragraph 7#b7 may be dangerous1 the ,administrator shall not consider any economic analysis of the benefits or costs of continuing to register the pesticide4 7,e7 ,public comment ,prior to making a final determination under subparagraph 7,a71 the ,administrator shall provide a draft determination for not less than #ij days of public comment4 7#d7 ,citizen suits 7,a7 ,in general ,any person may bring a civil action against the ,administrator where there is an alleged failure of the ,administrator to comply with any provision of this subsection4 7,b7 ,reviewability ,an action under subparagraph 7,a7 shall be reviewable in the district courts of the ,united ,states pursuant to section #af7;a74 4 #e4 ,ensuring accountability in conditional registrations 7a7 ,in general ,section #c7;c77#g7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7c77#g77 is amended by striking subparagraph 7,c7 and inserting the following3 7,c7 ,time limits on conditional registrations 7i7 ,in general ,notwithstanding any other provision of this subsection or section #f7;e71 the ,administrator shall provide not longer than #b years for the terms and requirements of any conditional registration under this paragraph to be met by the registrant4 7ii7 ,cancellation ,the ,administrator shall cancel a conditional registration under this paragraph unless the registrant fully complies with all conditions by the earlier of-- 7,i7 all deadlines established by the ,administrator2 and 7,,ii7 #b years after the effective date of the conditional registration4 7iii7 ,existing conditional registrations ,notwithstanding any other provision of law1 as of the date of enactment of this clause1 each outstanding conditional registration under this paragraph for which the registrant has not fulfilled all conditions of the conditional registration shall be canceled4 7iv7 ,reports 7,i7 ,in general ,not later than ,december #ca of each calendar year1 the ,administrator shall submit to ,congress an annual report describing the total number of conditional registrations under this paragraph that were registered during the immediately preceding fiscal year4 7,,ii7 ,contents ,a report under subclause 7,i7 shall include a description of-- 7aa7 each conditionally registered pesticide and the conditions imposed1 including any modification of those conditions2 and 7bb7 the quantity produced of each pesticide described in item 7aa74 4 7b7 ,conforming amendment ,section #f7;e7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;d7e77 is amended-- 7#a7 in paragraph 7#a71 by striking the last sentence and inserting ,the ,administrator shall not permit the continued sale and use of existing stocks of a pesticide the conditional registration of which has been canceled42 and 7#b7 in paragraph 7#b71 in the third sentence1 by striking 1 and whether the ,administrator's determination with respect to the disposition of existing stocks is consistent with this ,act4 #f4 ,prohibition on the sale or use of existing stocks of suspended or canceled pesticides ,section #f7;a7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;d7a77 is amended by striking the subsection designation and heading and all that follows through the period at the end of paragraph 7#a7 and inserting the following3 7a7 ,prohibition on the sale or use of existing stocks2 information 7#a7 ,existing stocks ,the ,administrator shall not permit the continued sale or use of existing stocks of a pesticide the registration of which is suspended or canceled under this section or section #c or #d4 4 #g4 ,ending abuse of emergency exemptions ,section #ah of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acfp7 is amended-- 7#a7 in the first sentence1 by striking ,the ,administrator and inserting the following3 7a7 ,in general ,the ,administrator 2 7#b7 in subsection 7a7 7as so designated71 in the second sentence1 by striking ,the ,administrator and inserting the following3 7b7 ,consultation ,the ,administrator 2 and 7#c7 by adding at the end the following3 7c7 ,limitations on emergency exemptions ,notwithstanding any other provision of law1 the ,administrator shall not grant an emergency exemption under subsection 7a7 for the same active ingredient or pesticide product in the same location for more than #b years in any #aj-year period4 7d7 ,restrictions on unregistered pesticides ,the ,administrator shall not grant an emergency exemption under subsection 7a7 to use an active ingredient or pesticide product that is not registered under section #c for any use4 7e7 ,restrictions on conditional pesticides ,the ,administrator shall not grant an emergency exemption under subsection 7a7 for any active ingredient or pesticide product that is registered conditionally under section #c7;c77#g77;,a74 4 #h4 ,adding transparency for inert ingredients 7a7 ,definition of ingredient statement ,section #b7n7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf7n77 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#d72 and 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 the name and percentage of each active ingredient in the pesticide product2 7#b7 the name and percentage of each inert ingredient in the pesticide product2 7#c7 if applicable1 a statement that the pesticide product contains an inert ingredient determined by a ,state or ,federal agency to be likely-- 7,a7 to be carcinogenic2 7,b7 to be an endocrine disruptor2 7,c7 to be highly toxic2 7,d7 to cause harm to pregnant women or fetuses2 or 7,e7 to cause neurological or developmental harm2 and 4 7b7 ,complete list of inert ingredients ,section #c7;c77#i7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7c77#i77 is amended by adding at the end the following3 7,e7 ,complete list of inert ingredients ,notwithstanding any other provision of law1 the label or labeling required under this ,act shall provide a complete list of inert ingredients4 4 7c7 ,conforming amendment ,section #aj7;d7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;h7d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by adding or at the end2 7,b7 in subparagraph 7,b71 by striking or at the end2 and 7,c7 by striking subparagraph 7,c72 and 7#b7 in paragraph 7#c71 by striking clause 7,a71 7,b71 or 7,c7 each place it appears and inserting subparagraph 7,a7 or 7,b74 #i4 ,cancellation of registration of organophosphates ,section #f of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;d7 7as amended by section #d7 is amended by adding at the end the following3 7j7 ,cancellation of registration of organophosphate pesticides 7#a7 ,in general 7,a7 ,cancellation ,effective on the date of enactment of this subsection-- 7i7 all pesticides of the class organophosphate shall be deemed to generally cause unreasonable adverse effects to humans2 and 7ii7 notwithstanding any other provision of law1 including subsection 7b71 the registration of all uses of pesticides of the class organophosphate shall be immediately and permanently canceled by operation of law and without further proceedings4 7,b7 ,revocation of tolerances and exemptions ,not later than #f months after the date of enactment of this subsection1 the ,administrator shall1 in accordance with section #djh7;b77#a77;,b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdf;a7b77#a77;,b771 revoke any tolerance or exemption that allows the presence of an organophosphate1 or any pesticide chemical residue that results from organophosphate use1 in or on food4 7#b7 ,sale of existing stocks prohibited ,in accordance with subsection 7a77#a71 effective on the date of enactment of this subsection1 the continued sale or use of existing stocks of pesticides of the class organophosphate shall be prohibited4 7#c7 ,no future organophosphate registrations ,effective on the date of enactment of this subsection1 the ,administrator may not register any pesticide of the class organophosphate under section #d4 7#d7 ,ineligibility for emergency use ,notwithstanding any other provision of law1 a pesticide canceled under this subsection shall not be eligible for use under section #ah4 4 #aj4 ,cancellation of registration of neonicotinoids ,section #f of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;d7 7as amended by section #i7 is amended by adding at the end the following3 7k7 ,cancellation of registration of neonicotinoid pesticides 7#a7 ,in general 7,a7 ,cancellation ,effective on the date of enactment of this subsection-- 7i7 all active ingredients and pesticide products containing #a or more of the active ingredients imidacloprid1 clothianidin1 thiamethoxam1 dinotefuran1 acetamiprid1 sulfoxaflor1 and flupyradifurone 7referred to in this subsection as neonicotinoid pesticides7 shall be deemed to generally cause unreasonable adverse effects to the environment2 and 7ii7 notwithstanding any other provision of law1 including subsection 7b71 the registration of all uses of neonicotinoid pesticides shall be immediately and permanently canceled by operation of law and without further proceedings4 7,b7 ,revocation of tolerances and exemptions ,not later than #f months after the date of enactment of this subsection1 the ,administrator shall1 in accordance with section #djh7;b77#a77;,b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdf;a7b77#a77;,b771 revoke any tolerance or exemption that allows the presence of a neonicotinoid pesticide1 or any pesticide chemical residue that results from neonicotinoid pesticide use1 in or on food4 7#b7 ,sale of existing stocks prohibited ,in accordance with subsection 7a77#a71 effective on the date of enactment of this subsection1 the continued sale or use of existing stocks of neonicotinoid pesticides shall be prohibited4 7#c7 ,no future neonicotinoid registrations ,effective on the date of enactment of this subsection1 the ,administrator may not register any neonicotinoid pesticide under section #d4 7#d7 ,ineligibility for emergency use ,notwithstanding any other provision of law1 a pesticide canceled under this section shall not be eligible for use under section #ah4 4 #aa4 ,cancellation of registration of paraquat ,section #f of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;d7 7as amended by section #aj7 is amended by adding at the end the following3 7l7 ,cancellation of registration of paraquat 7#a7 ,in general 7,a7 ,cancellation ,effective on the date of enactment of this subsection-- 7i7 paraquat shall be deemed to generally cause unreasonable adverse effects to humans2 and 7ii7 notwithstanding any other provision of law1 including subsection 7b71 the registration of all uses of paraquat shall be immediately and permanently canceled by operation of law and without further proceedings4 7,b7 ,revocation of tolerances and exemptions ,not later than #f months after the date of enactment of this subsection1 the ,administrator shall1 in accordance with section #djh7;b77#a77;,b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdf;a7b77#a77;,b771 revoke any tolerance or exemption that allows the presence of paraquat1 or any pesticide chemical residue that results from paraquat use1 in or on food4 7#b7 ,sale of existing stocks prohibited ,in accordance with subsection 7a77#a71 effective on the date of enactment of this subsection1 the continued sale or use of existing stocks of paraquat shall be prohibited4 7#c7 ,no future paraquat registrations ,effective on the date of enactment of this subsection1 the ,administrator may not register any paraquat pesticide under section #d4 7#d7 ,ineligibility for emergency use ,notwithstanding any other provision of law1 a pesticide canceled under this section shall not be eligible for use under section #ah4 4 #ab4 ,empowering communities to protect themselves from pesticides 7a7 ,in general ,section #bd of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acfv7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting 1 or any political subdivision of a ,state1 after ,a ,state2 and 7,b7 by inserting or political subdivision after the ,state2 7#b7 by striking subsection 7b72 and 7#c7 by redesignating subsection 7c7 as subsection 7b74 7b7 ,conforming amendment ,section #c7;c77#e7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7c77#e77 is amended1 in the fourth sentence of the undesignated matter following subparagraph 7,d71 by striking #bd7;c7 of this ,act and inserting #bd7;b74 #ac4 ,protecting farmworkers from dangerous pesticides 7a7 ,language requirements for pesticide products ,section #c7;c77#i7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7c77#i77 7as amended by section #h7;b77 is amended by adding at the end the following3 7,f7 ,language requirements for pesticide products 7i7 ,in general ,the label for any pesticide product shall be printed in both ,english and ,spanish4 7ii7 ,other languages ,in a case in which information exists that a pesticide product is used in agriculture by more than #ejj individual persons or applicators who speak the same language other than ,english or ,spanish1 the ,administrator shall provide a translation of that label in the language used by those individuals on the website of the ,environmental ,protection ,agency4 7iii7 ,educational information ,the ,administrator shall provide educational information to ensure that all users of a pesticide product are aware that information is available in alternate languages4 4 7b7 ,farmworker safety ,the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq47 is amended by adding at the end the following3 #cf4 ,farmworker safety 7a7 ,definitions ,in this section3 7#a7 ,farmworker ,the term farmworker means an individual of any age that is employed in agriculture1 including as a pesticide user or applicator1 for any length of time1 including migrant and seasonal employees1 regardless of classification as a full-time1 part-time1 or contract employee4 7#b7 ,farmworker incident ,the term farmworker incident means exposure of a farmworker to an active ingredient1 a pesticide product1 a tank mixture of multiple pesticides1 a metabolite1 or a degradate that results in-- 7,a7 an illness or injury-- 7i7 requiring medical attention or hospitalization of the farmworker2 or 7ii7 that requires the farmworker to stop working temporarily or permanently2 7,b7 a permanent disability or loss in function of the farmworker2 or 7,c7 death of the farmworker4 7b7 ,mandatory duty ,to report 7#a7 ,in general ,whenever a farmworker incident occurs1 the employer of each affected farmworker shall report the incident to the ,administrator4 7#b7 ,online system 7,a7 ,in general ,not later than #fj days after the date of enactment of this section1 the ,administrator shall implement and deploy an online system to facilitate the reporting of farmworker incidents4 7,b7 ,requirements ,the online system under subparagraph 7,a7 shall include1 at a minimum1 a description of1 with respect to each farmworker incident-- 7i7 the time and location2 7ii7 the name of each active ingredient and pesticide product involved2 7iii7 whether such a pesticide was applied in accordance with the label instructions2 7iv7 the harm that resulted to any affected farmworker2 7v7 the nature of any medical care that was sought by any affected farmworker2 and 7vi7 any other pertinent information4 7,c7 ,anonymous reporting ,the ,administrator shall ensure that the online system under subparagraph 7,a7 allows for anonymous reporting to protect farmworkers from retaliation4 7c7 ,penalties for failure ,to report 7#a7 ,civil penalties ,an employer described in subsection 7b77#a7 that fails to report a farmworker incident shall be fined #a1jjj per day beginning on the #hth day after the farmworker incident occurs4 7#b7 ,criminal penalties ,an employer described in subsection 7b77#a7 that knowingly fails to report a farmworker incident1 or that otherwise pressures or coerces a farmworker to not report a farmworker incident1 shall be liable for a criminal penalty of up to #ajj1jjj1 #f months in prison1 or both4 7#c7 ,rewards ,the ,administrator shall implement a reward system that a provides monetary award of not less than #be1jjj per person per farmworker incident that leads to the identification of #a or more employers that have failed to report a farmworker incident4 7#d7 ,retaliation 7,a7 ,in general ,any person that takes punitive action against a farmworker or a person that reports a farmworker incident shall be liable for a criminal penalty of not more than #ajj1jjj1 #f months in prison1 or both4 7,b7 ,immigration status ,no ,federal agency shall take any action regarding the immigration legal status within the ,united ,states of a farmworker1 including initiating removal proceedings or any other prosecution of the farmworker1 based solely on any information derived from the reporting or investigation of a farmworker incident4 7d7 ,preventing future harm to farmworkers 7#a7 ,in general ,not later than #ae days after the receipt of a report of a farmworker incident1 the ,administrator shall transmit a report prepared by the ,administrator of the farmworker incident to-- 7,a7 the manufacturer of each involved pesticide product2 and 7,b7 the manufacturer of each involved active ingredient or ingredients4 7#b7 ,suspension ,notwithstanding any other provision of law1 if a farmworker incident results in the death of a farmworker1 the pesticide product or active ingredient that caused the death shall be immediately suspended1 pending the review required by this section4 7#c7 ,assessments 7,a7 ,pesticide product manufacturer ,not later than #fj days after the receipt of a report of a farmworker incident1 the manufacturer of the pesticide product shall provide to the ,administrator an assessment of the farmworker incident1 including whether any changes to the label of the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents4 7,b7 ,assessment by active ingredient manufacturer ,not later than #fj days after the receipt of a report of a farmworker incident1 the manufacturer of each involved pesticide active ingredient shall provide to the ,administrator an assessment of the farmworker incident1 including whether any changes to the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents4 7#d7 ,determinations by ,administrator 7,a7 ,draft determination 7i7 ,in general ,not later than the earlier of #ij days after the receipt of an assessment required by paragraph 7#c7 and #ahj days after the occurrence of the farmworker incident1 the ,administrator shall make a draft determination as to whether a change in the label of an involved pesticide product or active ingredient is warranted4 7ii7 ,publication ,the ,administrator shall publish a determination under clause 7i7 in the ,federal ,register for a period of #cj days for public notice and comment4 7,b7 ,final determination ,not later than #cj days after the close of the public comment described in subparagraph 7,a77ii71 the ,administrator shall-- 7i7 make a final determination as to whether the label of the pesticide product should be changed2 and 7ii7 publish that final determination in the ,federal ,register4 7#e7 ,cancellations 7,a7 failure to change label ,notwithstanding any other provision of law1 including section #f7;b71 if the manufacturer of a pesticide product or active ingredient does not change the label of the applicable product in accordance with a final determination of the ,administrator under paragraph 7#d77;,b71 the pesticide product or active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings4 7,b7 ,cancellation for failure to comply ,notwithstanding any other provision of law1 including section #f7;b71 if the manufacturer of the pesticide product or active ingredient fails to comply with any applicable provision of this section1 the active ingredient and all pesticide products containing the active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings4 7e7 ,accounting for farmworker incidents during registration review 7#a7 ,in general ,notwithstanding any other provision of law1 if a pesticide product or active ingredient is responsible for not fewer than #aj farmworker incidents of any type1 or not fewer than #c farmworker incidents resulting in death1 and the pesticide product or active ingredient has not received a final determination regarding a registration review during the preceding #ae-year period1 the ,administrator shall immediately suspend the pesticide product or active ingredient until a final determination is made regarding the registration review of the pesticide4 7#b7 ,reports ,the ,administrator shall-- 7,a7 include in a final determination regarding the registration review of a pesticide the registration of which is suspended under paragraph 7#a7 a full and complete report describing each farmworker incident that has occurred during the period covered by the report2 and 7,b7 7i7 require label changes to prevent farmworker incidents from occurring in the future2 or 7ii7 explain why no label changes under clause 7i7 are warranted4 7f7 ,citizen suits 7#a7 ,in general ,any person may bring a civil action against the ,administrator where there is an alleged failure of the ,administrator to comply with any provision of this section4 7#b7 ,reviewability ,an action under subparagraph 7,a7 shall be reviewable in the district courts of the ,united ,states pursuant to section #af7;a74 4