Page:United States Statutes at Large Volume 92 Part 1.djvu/876

 92 STAT. 822

PUBLIC LAW 95-396—SEPT. 30, 1978 affected person to respond. If a registration is denied or canceled under this subparagraph, the Administrator may make such order as the Administrator deems appropriate concerning the continued sale and use of existing stocks of such pesticide. Kegistration action by the Administrator shall not be delayed pending the fixing ol compensation; "(iii) after expiration of any period of exclusive use and any period for which compensation is required for the use of an item of data under subparagraphs (D)(i) and (D) (ii) of this paragraph, the Administrator may consider such item of data in support of an application by any other applicant without the permission of the original data submitter and without an offer haying been received to compensate the original data submitter for the use of such item of data;"; and (2) amending subsection (c)(2) by— (A) inserting " (A) " immediately after " (2) "; (B) inserting immediately after "kind of information" in the second sentence the following: "under subparagraph (B) of this paragraph,"; (C) striking out "subsection (c)(1)(D) of this section and" from the third sentence; and (D) adding at the end thereof a new subparagraph (B) as follows: " (B) ADDITTONAL DATA TO SUPPORT EXISTING REGISTRATION.—

Notification.

Joint data development.

Arbitration.

"(i) If the Administrator determines that additional data are required to maintain in effect an existing registration of a pesticide, the Administrator shall notify all existing registrants of the pesticide to which the determination relates and provide a list of such registrants to any interested person. "(ii) Each re^strant of such pesticide shall provide evidence within ninety days after receipt of notification that it is taking appropriate steps to secure the additional data that are required. Two or more registrants may agree to develop jointly, or to share in the cost of developing, such data if they agree and advise the Administrator of their intent within ninety days after notification. Any registrant who agrees to share in the cost of producing the data shall be entitled to examine and rely upon such data in support of maintenance of such registration. "(lii) If, at the end of sixty days after advising the Administrator of their agreement to develop jointly, or share in the cost of developing, data, the registrants have not further agreed on the terms of the data development arrangement or on a procedure for reaching such agreement, any of such registrants may initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of arbitrators maintained by such Service. The procedure and rules of the Service shall be applicsSble to

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