After a pesticide product is registered, FIFRA continues to impose responsibilities on the registrant, and EPA can require additional data submission. FIFRA Section 6(a)(2) requires that if at any time after the issuance of a registration a registrant obtains information that a pesticide has unreasonable adverse effects on the environment, the registrant is required to submit the information to EPA. And FIFRA Section 3(c)(2)(B) states that “if [EPA] determines that additional data are required to maintain in effect an existing registration of a pesticide, [EPA] shall notify all existing registrants of the pesticide to which the determination relates.” If EPA invokes Section 3(c)(2)(B), referred to as a “data call-in,” each registrant must provide evidence to EPA within 90 days that it is “taking steps to secure the additional data required.” If EPA determines that a registrant has failed to take appropriate steps to secure the required data, it may initiate proceedings to suspend the registration of the pesticide. EPA can cancel a registration if it determines that a pesticide or its labeling does not comply with FIFRA or if the pesticide “generally causes unreasonable adverse effects on the environment when used in accordance with widespread and commonly recognized practice” (75 Fed. Reg. 68297). FIFRA Section 6(c) authorizes the suspension of a registration if EPA determines that suspension is necessary to prevent an imminent hazard during the time required for cancellation. FIFRA Section 2(l) defines imminent hazard to include a “situation which exists when the continued use of a pesticide during the time required for cancellation proceeding… will involve unreasonable hazard to the survival of a species declared endangered or threatened by the Secretary pursuant to the Endangered Species Act of 1973.”
Congress has on several occasions directed EPA to review the human health and environmental effects of pesticides registered before some specified date. In 1972, revisions of FIFRA mandated that EPA re-evaluate registered pesticides—a process known as reregistration—by using current scientific and regulatory standards to ensure that the data used to register the pesticides originally meet current standards. In 1988, Congress imposed specific reregistration requirements that were intended to improve the speed and the nature of reregistration. The 1988 provisions established a multistep process with various deadlines intended to ensure that registrants submit required data to EPA in a timely manner. Under the 1988 amendments, failure to meet the data-submission deadlines could result in suspension or cancellation of a registration.
In 1996, Congress passed the Food Quality Protection Act (FQPA), which also amended FIFRA. The FQPA was focused on providing additional protections for humans, not wildlife, and required EPA to re-evaluate many food-use pesticides under new human-health standards. As a result of the re-evaluation, EPA canceled some pesticide uses, changed allowable application rates, and imposed use restrictions on others that were not aimed at reducing risk to wildlife but had that result.