Page:United States Statutes at Large Volume 92 Part 1.djvu/880

 92 STAT. 826

.J.

PUBLIC LAW 95-396—SEPT. 30, 1978 in whole or in part with human dietar-y exposure enumerated in regulations issued under this Act, and during the pendency of any risk-benefit evaluation initiated by such notice, if (I) the additional use of such pesticide involves a major food or feed crop, or ( II) the additional use of such pesticide involves a minor food or feed crop and the Administrator determines, with the concurrence of the Secretary of Agriculture, there is available an effective alternative pesticide that does not meet or exceed such risk criteria. An applicant seeking amended registration under this subparagraph shall submit such data as would be required to obtain registration of a similar pesticide under subsection (c)(5) of this section: Provided, That, if the applicant is unable to submit an item of data (other than data pertaining to the proposed additional use) because it has not yet been generated, the Administrator may amend the re^stration under such conditions as will require the submission of such data not later than the time such data are required to be submitted with respect to similar pesticides already registered under this Act. "(C) The Administrator may conditionally register a pesticide containing an active ingredient not contained in any currently registered pesticide for a period reasonably sufficient for the generation and submission of required data (which are lacking because a period reasonably sufficient for generation of the data has not elapsed since the Administrator first imposed the data requirement) on the condition that by the end of such period the Administrator receives such data and the data do not meet or exceed risk criteria enumerated in regulations issued under this Act, and on such other conditions as the Administrator may prescribe: Provided, That a conditional registration under this subparagraph shall be granted only if the Administrator determines that use of the pesticide during such period will not cause any unreasonable adverse effect on the environment, and that use of the pesticide is in the public interest. "(8)

INTERIM ADMINISTRATIVE REVIEW.—Notwithstanding any

Notice of definitions. Publication in

other provision of this Act, the Administrator may not initiate a public interim administrative review process to develop a riskbenefit evaluation of the ingredients of a pesticide or any of its uses prior to initiating a formal action to cancel, suspend, or deny registration of such pesticide, required under this Act, unless such interim administrative process is based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse risk to man or to the environment. Notice of the definition of the terms 'validated test' and 'other significant evidence' as used herein shall be published by the Administrator in the Federal

Federal Register.

Register.". CLASSIFICATION PRIOR TO REREGI8TRATION; CHANGE I N CLASSIFICATION FROM RESTRICTED USE TO GENERAL U S E

7 USC 136a.

S E C 7. Section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by— (1) inserting in paragraph (1)(A) immediately after the first sentence the following: ''testicide uses may be classified by regula-

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