Page:United States Statutes at Large Volume 110 Part 2.djvu/710

 110 STAT. 1502 PUBLIC LAW 104-170—AUG. 3, 1996 Minor Use Pesticide Data Revolving Fund. The Fund shall be available without fiscal year limitation to carry out the authorized purposes of this subsection. "(B) CONTENTS OF THE FUND.— There shall be deposited in the Fund— "(i) such amounts as may be appropriated to support the purposes of this subsection; and "(ii) fees collected by the Secretary for any data developed under a grant under paragraph (1)(A). "(C) AUTHORIZATIONS OF APPROPRIATIONS.— There are authorized to be appropriated for each fiscal year to carry out the purposes of this subsection $10,000,000 to remain available until expended.". Subtitle B—Antimicrobial Pesticide Registration Reform SEC. 221. DEFINITIONS. Section 2 (7 U.S.C. 136), as amended by section 210(a) is further amended— (1) in subsection (u), by adding at the end the following: "The term 'pesticide' does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). For purposes of the preceding sentence, the term 'critical device' includes any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term 'semi-critical device' includes any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body."; and (2) by adding at the end the following: "(mm) ANTIMICROBIAL PESTICIDE.— "(1) IN GENERAL. —The term 'antimicrobial pesticide' means a pesticide that— "(A) is intended to— "(i) disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms; or "(ii) protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and "(B) in the intended use is exempt from, or otherwise not subject to, a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a and 348) or a food additive regulation under section 409 of such Act. "(2) EXCLUDED PRODUCTS. —The term 'antimicrobial pesticide' does not include — "(A) a wood preservative or antifouling paint product for which a claim of pesticidal activity other than or in addition to an activity described in paragraph (1) is made; "(B) an agricultural fungicide product; or

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