AMENDMENTS TO FIFRA AND RELATED PROVISIONS.

SEC. 1006. AMENDMENTS TO FIFRA AND RELATED PROVISIONS. (a) In General.— The Federal Insecticide, Fungicide, and Rodenticide Act is amended— (1) in section 2(e)(1) (7 U.S.C. 136(e)(1))— (A) by striking “section 4” and inserting “section 11”; (B) by striking “use” in the second sentence and inserting “uses”; and (C) by striking “section 2(ee) of this Act” and inserting “subsection (ee)” (2) in section 2(q)(2)(A)(i) (7 U.S.C. 136(q)(2)(A)(i)), by striking “size of form” and inserting “size or form”; (3) in section 3(c)(1) (7 U.S.C. 136a(c)(1))— (A) by striking subparagraphs (E) and (F); (B) by redesignating subparagraph (D) as subparagraph (F); (C) by inserting after subparagraph (C) the following: “(D) the complete formula of the pesticide; “(E) a request that the pesticide be classified for general use or for restricted use, or for both; and”; and (D) in subparagraph (F) (as so redesignated)— (i) by striking “(i) with” and inserting “(i) With”; (ii) by striking the semicolon at the end of clauses (i), (ii), and (iii) and inserting a period; 105 STAT. 1895 (iii) by striking “(ii) except” and inserting “(ii) . Except”; and (iv) by striking “(iii) after” and inserting “(iii) After”; (4) by conforming the left margin of paragraph (3) of section 4(f) (7 U.S.C. 136a–l(f)) to the left margin of the preceding paragraph; (5) in section 6(f)(3)(B) (7 U.S.C. 136d(f)(3)(B)), by striking “an unreasonable adverse affect” and inserting “an unreasonable adverse effect”; (6) in section 11 (7 U.S.C. 136i)— (A) in the section heading, by striking “APPPLICATORS” and inserting “APPLICATORS”; (B) in subsection (b), by striking “this paragraph” each place it appears and inserting “subsection (a)(2)”; and (C) in subsection (c), by striking “subsections (a) and (b)” and inserting “subsection (a)”; (7) in section 12(a)(2) (7 U.S.C. 136j(a)(2))— (A) by striking “thereunder. It” in subparagraph (F) and inserting “thereunder, except that it”; (B) by striking “or” at the end of subparagraph (O); and (C) by striking the period at the end of subparagraph (P) and inserting a semicolon; (8) in section 14(a)(2) (7 U.S.C. 1361(a)(2))— (A) by striking “: Provided, That” and inserting “, except that”; and (B) by striking “use” and inserting “uses”; (9) in section 17(a) (7 U.S.C. 136o), by removing the last sentence from paragraph (2) and placing it as full measure sentence under such paragraph; (10) in section 20(a) (7 U.S.C. 136r(a)), by striking “insure” and inserting “ensure”; and (11) in section 26(c) (7 U.S.C. 136w–l(c)), by striking “use” and inserting “uses”. (b) Gender.— (1) Such Act is amended by striking “he” each place it appears in sections 3(c)(2)(A), 3(c)(5), 3(c)(6), 3(d)(1)(A), 3(d)(1)(B), 3(d)(1)(C), 3(d)(2), 5(b), 5(e), 5(f), 6(a)(1), 6(b), 6(c)(1), 6(c)(3), 70?), 8(a), 9(c)(3), 10(c), 11(b), 16(b), 16(d), 18, 20(a), 21(b), 25(a)(3), 25(b), 25(c)(5), and 25(d) (7 U.S.C. 136a(c)(2)(A), 136a(c)(5), 136a(c)(6), 136a(d)(l)(A), 136a(d)(l)(B), 136a(d)(1)(C), 136a(d)(2), 136c(b), 136c(e), 136c(f), 136d(a)(l), 136d(b), 136d(c)(l), 136d(c)(3), 136e(b), 136f(a), 136g(c)(3), 136h(c), 136i(b), 136n(b), 136n(d), 136p, 136r(a), 136s(b), 136w(a)(3), 136w(b), 136w(c)(5), and 136w(d)) and inserting “the Administrator”. (2) Such Act is amended by striking “his” each place it appears in sections 3(c)(2)(A), 3(c)(3)(A), 3(c)(6), 6(b), 6(c)(1), 6(d), l0(b), 11(a)(2), 16(b), 17(c), 18, 21(b), and 25(c)(4) (7 U.S.C. 136a(c)(2)(A), 136a(c)(3)(A), 136a(c)(6), 136d(b), 136d(c)(l), 136d(d), 136h(b), 136i(a)(2), 136n(b), 136o(c), 136p, 136sa)), and 136w(c)(4)) and inserting “the Administrator’s”. (3) Such Act is amended— (A) in section 2(e)(2) (7 U.S.C. 136(e)(2)), by striking “him or his” and inserting “the applicator or the applicator’s”; (B) in section 2(e)(3), by striking “he” and inserting “the applicator”; (C) in section 6(a)(2) (7 U.S.C. 136d(a)(2), by striking “he” and inserting “the registrant”; 105 STAT. 1896 (D) in section 6(c)(3), by striking “him” and inserting “the Administrator”; (E) in section 6(d), by striking “him” and inserting “the Administrator”; (F) in section 7(c)(1) (7 U.S.C. 136e(c)(l)), by striking “he” each place it appears and inserting “the producer”; (G) in section 7(c)(2)— (i) by striking “him” and inserting “the Administrator”; and (ii) by striking “he” and inserting “the producer”; (H) in the fourth sentence of section 9(a)(2) (7 U.S.C. 136g(a)(2)), by striking “he” and inserting “the officer or employee”; (I) in the third sentence of section 9(c)(1), by striking “his” and inserting “the person’s”; (J) in section 10(a) (7 U.S.C. 136h(a)), by striking “his” and inserting “the applicant’s”; (K) in section 11(a)(1) (7 U.S.C. 136i(a)(1))— (i) in the ninth sentence, by striking “his” and inserting “the applicator”; and (ii) in the last sentence, by striking “him” and inserting “the Administrator”; (L) in section 12(a)(2)(C) (7 U.S.C. 136j(a)(2)(C))— (i) by striking “his” and inserting “the person’s”; and (ii) by striking “he” and inserting “the person”; (M) in section 12(a)(2)(D), by striking “his” and inserting “the person’s”; (N) in section 12(b)(1)— (i) by striking “he” and inserting “the person”; (ii) by striking “him” and inserting “the person”; (O) in section 12(b)(3), by striking “his official duties” and inserting “the official duties of the public official”; and (P) in the second sentence of section 16(b) (7 U.S.C. 136n(b)), by striking “him” and inserting “the Administrator”. (c) Unexecutable Amendment.— The phrase sought to be struck in section 102(b)(2)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1988 (Public Law 100–532; 102 Stat. 2667) shall be deemed to be “an end-use product”. (d) Recordkeeping.— Section 1491 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 136i–l) is amended— (1) in subsection (a), by striking “(7 U.S.C. 136a(d)(l)(C))” and inserting “(7 U.S.C. 136a(d)(l)(C)))”; and (2) in subsection (d)(1), by inserting “of” after “fine”. (e) Maintenance Fee.— Paragraph (5) of section 4(i) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–l(i)(5)) is amended to read as follows: “(5) Maintenance fee.— “(A) Subject to other provisions of this paragraph, each registrant of a pesticide shall pay an annual fee by January 15 of each year of— “(i) $650 for the first registration; and “(ii) $1,300 for each additional registration, except that no fee shall be charged for more than 200 registrations held by any registrant. “(B) In the case of a pesticide that is registered for a minor agricultural use, the Administrator may reduce or105 STAT. 1897 waive the payment of the fee imposed under this paragraph if the Administrator determines that the fee would significantly reduce the availability of the pesticide for the use. “(C) The amount of each fee prescribed under subparagraph (A) shall be adjusted by the Administrator to a level that will result in the collection under this paragraph of, to the extent practicable, an aggregate amount of $14,000,000 each fiscal year. “(D) The maximum annual fee payable under this paragraph by— “(i) a registrant holding not more than 50 pesticide registrations shall be $55,000; and “(ii) a registrant holding over 50 registrations shall be $95,000. “(E) (i) For a small business, the maximum annual fee payable under this paragraph by— “(I) a registrant holding not more than 50 pesticide registrations shall be $38,500; and “(II) a registrant holding over 50 pesticide registrations shall be $66,500. “(ii) For purposes of clause (i), the term ‘small business’ means a corporation, partnership, or unincorporated business that— “(I) has 150 or fewer employees; and “(II) during the 3-year period prior to the most recent maintenance fee billing cycle, had an average annual gross revenue from chemicals that did not exceed $40,000,000. “(F) If any fee prescribed by this paragraph with respect to the registration of a pesticide is not paid by a registrant by the time prescribed, the Administrator, by order and without hearing, may cancel the registration. “(G) The authority provided under this paragraph shall terminate on September 30, 1997.”. (f) Registration and Expedited Processing Fund.— Section 4(k)(3)(A) of such Act (7 U.S.C. 136a–l(k)(3)(A)) is amended by striking “each fiscal year not more than $2,000,000 of the amounts in the fund” and inserting “for each of the fiscal years 1992, 1993, and 1994, 1/7th of the maintenance fees collected, up to $2 million each year”.