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

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