Page:United States Statutes at Large Volume 110 Part 2.djvu/702

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110 STAT. 1494 PUBLIC LAW 104-170—AUG. 3, 1996 (b) EXCLUSIVE USE OF MINOR USE PESTICIDES. —Section 3(c)(1)(F) (7 U.S.C. 136a(c)(l)(F)) is amended— (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (2) by inserting after clause (i) the following: "(ii) The period of exclusive data use provided under clause (i) shall be extended 1 additional year for each 3 minor uses registered after the date of enactment of this clause and within 7 years of the commencement of the exclusive use period, up to a total of 3 additional years for all minor uses registered by the Administrator if the Administrator, in consultation with the Secretary of Agriculture, determines that, based on information provided by an applicant for registration or a registrant, that— "(I) there are insufficient efficacious alternative registered pesticides available for the use; "(II) the alternatives to the minor use pesticide pose greater risks to the environment or human health; "(III) the minor use pesticide plays or will play a significant part in managing pest resistance; or "(IV) the minor use pesticide plays or will play a significant part in an integrated pest management program. The registration of a pesticide for a minor use on a crop grouping established by the Administrator shall be considered for purposes of this clause 1 minor use for each representative crop for which data are provided in the crop grouping. Any additional exclusive use period under this clause shall be modified as appropriate or terminated if the registrant voluntarily cancels the product or deletes from the registration the minor uses which formed the basis for the extension of the additional exclusive use period or if the Administrator determines that the registrant is not actually marketing the product for such minor uses."; (3) in clause (iv), as amended by paragraph (1), by striking "and (ii)" and inserting ", (ii), and (iii)"; and (4) at the end of the section, as amended by paragraph (1), by adding the following: Effective date. "(v) The period of exclusive use provided under clause (ii) shall not take effect until 1 year after enactment of this clause, except where an applicant or registrant is applying for the registration of a pesticide containing an active ingredient not previously registered. "(vi) With respect to data submitted after the date of enactment of this clause by an applicant or registrant to support an amendment adding a new use to an existing registration that does not retain any period of exclusive use, if such data relates solely to a minor use of a pesticide, such data shall not, without the written permission of the original data submitter, be considered by the Administrator to support an application for a minor use by another person during