§136m Indemnities

Summary

Requires the Administrator to pay people who lose pesticide stock when the pesticide’s registration is first the subject of a notice of intended suspension or an emergency suspension, then is actually suspended and later canceled under sections 136d(b), 136d(d), or 136d(f). The owner must have owned the pesticide immediately before the notice and must have suffered a loss because of the suspension or cancellation. No payment is made if the owner knew facts showing the pesticide did not meet the registration rule at 136a(c)(5) and kept producing it without timely telling the Administrator. If a payment is needed, the Administrator must report the action, reasons, estimated cost, and a request for funds to the House Committee on Agriculture, the Senate Committee on Agriculture, Nutrition, and Forestry, and the House and Senate Appropriations Committees. The United States may only pay after a specific appropriation is made in advance. End users who owned pesticide for use (not for resale) before the notice are entitled to payment. Sellers who sold to non-end users must reimburse buyers for the purchase cost (not transport) unless the seller gave a written notice at sale that no reimbursement would be made. If a buyer was not given that notice and the seller is insolvent and cannot reimburse, the buyer can claim indemnity and the United States may be paid instead; the United States is then subrogated to the seller’s reimbursement rights. Payments must come from the appropriation under section 1304 of title 31. Payment amounts are based on the owner’s cost paid immediately before the notice (excluding transport) but may not exceed the fair market value at that time. The Administrator may allow reasonable time to use or dispose of the pesticide and must reduce payments for any amount used or disposed of.