non-notification procedure

(5) Bilingual labeling (A) Requirement (i) In general Subject to clause (ii), not later than the applicable deadline described in subparagraph (B), each registered pesticide product released for shipment shall include— (I) the translation of the parts of the labeling contained in the Spanish Translation Guide described in subparagraph (G) on the product container; or (II) a link to such translation via scannable technology or other electronic methods readily accessible on the product label. (ii) Exceptions Notwithstanding clause (i)— (I) an antimicrobial pesticide product may, in lieu of including a translation or a link under clause (i), provide a link to the safety data sheets in Spanish via scannable technology or other electronic methods readily accessible on the product label; or (II) a non-agricultural pesticide product that is not classified by the Administrator as restricted use under subsection (d)(1)(A) may, in lieu of including a translation or a link under clause (i), provide a link to the safety data sheets in Spanish via scannable technology or other electronic methods readily accessible on the product label. (B) Deadlines for bilingual labeling (i) Pesticide products classified as restricted use In the case of pesticide products classified by the Administrator as restricted use under subsection (d)(1)(A), the deadline specified in this subparagraph is the date that is 3 years following December 29, 2022 . (ii) Pesticide products not classified as restricted use In the case of pesticide products not classified by the Administrator as restricted use under subsection (d)(1)(A), the deadline specified in this subparagraph shall be as follows: (I) Agricultural (aa) Acute Toxicity Category I For agricultural pesticides classified as Acute Toxicity Category I, the date that is 3 years after December 29, 2022 . (bb) Acute Toxicity Category II For agricultural pesticides classified as Acute Toxicity Category II, the date that is 5 years after December 29, 2022 . (II) Antimicrobial and non-agricultural (aa) Acute Toxicity Category I For antimicrobial and non-agricultural pesticide products classified as Acute Toxicity Category I, the date that is 4 years after December 29, 2022 . (bb) Acute Toxicity Category II For antimicrobial and non-agricultural pesticide products classified as Acute Toxicity Category II, the date that is 6 years after December 29, 2022 . (III) Other pesticide products With respect to pesticide products not described in subclause (I) or (II), the date that is 8 years after December 29, 2022 . (C) Implementation (i) Non-notification (I) In general In carrying out this paragraph, the Administrator shall allow translations of the parts of the label of a pesticide contained in the Spanish Translation Guide described in subparagraph (G) and scannable technology or other electronic methods to be added using non-notification procedures. (II) Non-notification procedure defined In this clause, the term “non-notification procedure” refers to a procedure under which a change may be made to a pesticide label without notifying the Administrator. (ii) Cooperation and consultation In carrying out this paragraph, the Administrator shall cooperate and consult with State lead agencies for pesticide regulation for the purpose of implementing bilingual labeling as provided in this paragraph as expeditiously as possible. (iii) End use labeling The labeling requirements of this paragraph shall apply to end use product labels. (iv) Incorporation timeframe After initial translation deadlines provided in subparagraph (B), updates to the Spanish Translation Guide described in subparagraph (G) shall be incorporated into labeling on the earlier of— (I) in the case of agricultural use pesticide labels, as determined by the Administrator— (aa) 1 year after the date of publication of the updated Spanish Label Translation Guide described in subparagraph (G); or (bb) the released for shipment date specified on the EPA Stamped Approved Label after the pesticide label is next changed or amended following the date of publication of the updated Spanish Label Translation Guide described in subparagraph (G); and (II) in the case of antimicrobial and non-agricultural use pesticide labels, as determined by the Administrator— (aa) 2 years after the date of publication of the updated Spanish Label Translation Guide described in subparagraph (G); or (bb) the released for shipment date specified on the EPA Stamped Approved Label after the pesticide label is next changed or amended following the date of publication of the updated Spanish Label Translation Guide described in subparagraph (G). (v) Notification of updates to the Spanish Translation Guide for Pesticide Labeling Not later than 10 days after updating the Spanish Translation Guide described in subparagraph (G), the Administrator shall notify registrants of the update to such guide. (D) Accessibility of bilingual labeling for farm workers Not later than 180 days after December 29, 2022 , to the maximum extent practicable, the Administrator shall seek stakeholder input on ways to make bilingual labeling required under this paragraph accessible to farm workers. (E) Plan Not later than 3 years after December 29, 2022 , the Administrator shall implement a plan to ensure that farm workers have access to the bilingual labeling required under this paragraph. (F) Reporting Not later than 2 years after December 29, 2022 , the Administrator shall develop and implement, and make publicly available, a plan for tracking the adoption of the bilingual labeling required under this paragraph. (G) Spanish Translation Guide described The Spanish Translation Guide described in this subparagraph is the Spanish Translation Guide for Pesticide Labeling issued in October 2019, as in effect on December 29, 2022 , and any successor guides or amendments to such guide.

Source

7 USC § 136a(f)(5)


Scoping language

in this subparagraph
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