Exclusion of certain substances

(a) Definitions Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended— (1) by amending subsection (v) to read as follows: (v) Plant regulator (1) In general The term plant regulator means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof. (2) Exclusions Such term shall not include— (A) substances to the extent that they are— (i) intended to be produced and used within a plant; or (ii) intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, soil amendments, or vitamin hormone products; or (B) plant biostimulants that— (i) have a low-risk profile in relation to humans and other organisms, as determined by the Agency; and (ii) are of biological origin or include chemical compounds that are synthetically derived, but structurally-similar and functionally identical to, substances of biological origin.; (2) in subsection (hh)— (A) in paragraph (2), by striking or; (B) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking substances. and inserting substances; and (ii) in subparagraph (B)— (I) by striking volatilization urease and inserting volatilization, or urease; (II) by striking the period at the end and inserting a semicolon; and (C) by inserting after paragraph (3) the following: (4) a plant biostimulant; or (5) a nutritional chemical.; and (3) by adding at the end the following: (pp) Plant biostimulant The term plant biostimulant means any substance or mixture of substances that, when applied to seeds, plants, the rhizosphere, or soil or other growth media, acts to support a plant’s natural nutrition processes independently of the nutrient content of that substance or mixture of substances, and that thereby improves— (1) nutrient availability, uptake, or use efficiency; (2) tolerance to abiotic stress; or (3) consequent growth, development, quality, or yield. (qq) Nutritional chemical The term nutritional chemical means any substance or mixture of substances that interacts with plant nutrients in a manner that improves nutrient availability or aids the plant in acquiring or utilizing plant nutrients. (rr) Vitamin hormone product The term vitamin hormone product means a product that— (1) consists of a mixture of plant hormones, plant nutrients, plant inoculants, soil amendments, trace elements, nutritional chemicals, plant biostimulants, or vitamins that is intended for the improvement, maintenance, survival, health, and propagation of plants; (2) is nontoxic and nonpoisonous in the undiluted packaged concentrations of the product; and (3) is not intended for use on food crop sites and is labeled accordingly. (ss) Plant-incorporated protectant (1) In general The term plant-incorporated protectant means a pesticide that is— (A) intended for preventing, destroying, repelling, or mitigating a pest; and (B) a substance or mixture of substances intended to be produced and used within a living plant, or in the produce thereof, and the genetic material necessary for its production. (2) Inclusions Such term includes any inert ingredient (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)).. (b) Exemption from regulation Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(b)) is amended to read as follows: (b) Exemption of pesticides (1) Exemption by rule The Administrator may exempt from the requirements of this Act by regulation any pesticide which the Administrator determines either— (A) to be adequately regulated by another Federal agency; or (B) to be of a character which is unnecessary to be subject to this Act in order to carry out the purposes of this Act. (2) Exemption for certain plant-incorporated protectants (A) Exemption (i) In general Upon the issuance of guidance as described in subparagraph (B), plant-incorporated protectants resulting from endogenous genetic material found within or that could arise from the plant’s gene pool are exempt from the requirements of this Act. (ii) Exception A specific plant-incorporated protectant arising from endogenous genetic material found within or that could arise from the plant’s gene pool shall not be exempt from the requirements of this Act if the Administrator determines that such plant-incorporated protectant is of a character which is necessary to be subject to this Act in order to carry out the purposes of this Act. (B) Guidance Not later than 1 year after the date of the enactment of the Farm, Food, and National Security Act of 2026, the Administrator shall issue guidance for the implementation of subparagraph (A). The Administrator may update such guidance, as the Administrator determines to be appropriate. (C) Order (i) In general If the Administrator makes a determination described in subparagraph (A)(ii) with respect to a plant-incorporated protectant, the Administrator shall issue an order explaining the basis for such determination, which may be issued directly to any person who owns, controls, or has custody of such plant-incorporated protectant or published in the Federal Register. (ii) Effect of order After receipt or publication of an order described in clause (i), the plant-incorporated protectant described in the order will no longer be exempt from the requirements of this Act. (D) Tolerance exemption The residue of a plant-incorporated protectant that is exempt under subparagraph (A)(i) shall be exempt from the requirement for a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) unless, and until such time as, the Administrator issues or publishes an order under subparagraph (C)(i).. (c) Conforming amendments Section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o(c)) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)); (B) in subparagraph (B), by striking or at the end; (C) in subparagraph (C), by striking the period at the end and inserting; or; and (D) by adding at the end the following: (D) that plant-incorporated protectant is exempt under section 25(b)(2) or part 174 of title 40, Code of Federal Regulations (or any successor regulation).; and (2) in paragraph (3)(A), by striking (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)).