Key Changes
The 2002 Farm Act adds a provision directing the Secretary
of Agriculture to determine whether to authorize methyl bromide
treatments required by State, local, or tribal authorities
to prevent the introduction, establishment, or spread of plant
pests or noxious weeds as official controls or requirements.
Economic Implications
New provisions for use of methyl bromide within the Research
Title deal with exemptions from phasing out methyl bromide
use. The use of methyl bromide, a fumigant, is being phased
out worldwide under the Montreal Protocol and in the United
States under the Clean Air Act. However, use for quarantine
and preshipment treatments, which are identified by a national
authority, is exempt from the phaseout.
It was unclear under the Montreal Protocol whether methyl
bromide treatments required by State, local, or tribal authorities
to prevent the introduction, establishment, or spread of plant
pests or noxious weeds would be included in the exemption.
The 2002 Farm Act empowers the Secretary to authorize methyl
bromide treatments required by State, local, or tribal authorities
as official controls or requirements, which might exempt them
from the methyl bromide phaseout under the Montreal Protocol
and Clean Air Act. The agricultural nursery industry sought
this change because some States, such as California, and other
authorities require treatments to prevent the spread of pests
through nursery stock.
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