Page:United States Statutes at Large Volume 110 Part 2.djvu/716

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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