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Introduced by US Congresman
Peter DeFazio [D-Oregon]
The
proposed
Sodium Fluoroacetate Elimination Act
109th CONGRESS
1st Session
H. R. 4567
To prohibit the manufacture, processing, possession, or distribution
in commerce of the poison sodium fluoroacetate (known as `Compound
1080'), to provide for the collection and destruction of remaining
stocks of sodium fluoroacetate, to compensate persons who turn
in sodium fluoroacetate to the Secretary of Agriculture for destruction,
and for other purposes.'
IN THE HOUSE
OF REPRESENTATIVES
December 16, 2005
Mr. DEFAZIO introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the
Committees on Agriculture and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To prohibit the manufacture, processing, possession, or distribution
in commerce of the poison sodium fluoroacetate (known as `Compound
1080'), to provide for the collection and destruction of remaining
stocks of sodium fluoroacetate, to compensate persons who turn
in sodium fluoroacetate to the Secretary of Agriculture for destruction,
and for other purposes.'
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Sodium Fluoroacetate Elimination
Act'.
SEC. 2. IMMEDIATE PROHIBITION ON MANUFACTURE,
PROCESSING, OR DISTRIBUTION IN COMMERCE OF SODIUM FLUOROACETATE
(COMPOUND 1080).
(a) Amendment of Toxic Substances Control Act- Section 6 of
the Toxic Substances Control Act (15 U.S.C. 2605) is amended
by adding at the end the following new subsection:
`(f) Compound 1080- No person may manufacture, process, or
distribute in commerce sodium fluoroacetate (known as `Compound
1080'). '.
(b) Effective Date- The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 3. COLLECTION AND DESTRUCTION OF
STOCKS OF SODIUM FLUOROACETATE.
(a) Collection- During the 18-month period beginning on the
first day of the first month beginning on or after the date
of the enactment of this Act, the Secretary of Agriculture shall
solicit and accept the transfer of stocks of the poison sodium
fluoroacetate (known as `Compound 1080') held in public or private
ownership in the United States.
(b) Compensation- The Secretary of Agriculture shall compensate
persons (other than a Federal agency) that transfer sodium fluoroacetate
to the Secretary during the period specified in subsection (a)
for the reasonable value of the sodium fluoroacetate acquired
by the Secretary.
(c) Destruction- The Secretary of Agriculture shall destroy
all sodium fluoroacetate acquired under this section and all
stocks of sodium fluoroacetate held by the Department of Agriculture
as of the date of the enactment of this Act. The Secretary may
not use sodium fluoroacetate in the Wildlife Services Program
of the Department.
(d) Inventory- During the period specified in subsection (a),
the Secretary of Agriculture shall conduct an inventory in an
attempt to identify those persons who hold stocks of sodium
fluoroacetate so that such persons are given the opportunity
to transfer the sodium fluoroacetate to the Secretary under
this section and to receive compensation for the sodium fluoroacetate.
The Secretary of Agriculture shall conduct the inventory in
cooperation with the Administrator of the Environmental Protection
Agency and the Secretary of Homeland Security.
(e) Funding Source- Amounts appropriated to the Department
of Agriculture for the Wildlife Services Program shall be available
to provide the compensation required by subsection (b). If such
amounts are insufficient to provide compensation to all persons
entitled to compensation under such subsection, the Secretary
of Agriculture shall use other funds appropriated or otherwise
made available to the Department.
SEC. 4. PROHIBITION ON POSSESSION OF SODIUM
FLUOROACETATE.
(a) Prohibition- Whoever (other than a person acting under
the authority of section 3(c)) possesses sodium fluoroacetate
shall be fined under title 18, United States Code, or imprisoned
not more than two years, or both.
(b) Effective Date- This section shall take effect at the end
of the 18-month period beginning on the first day of the first
month beginning on or after the date of the enactment of this
Act.
END