21 USC 346a - Tolerances and exemptions for pesticide chemical residues

U.S Code last checked for updates: Nov 22, 2024

§ 346a.

Tolerances and exemptions for pesticide chemical residues

(a)

Requirement for tolerance or exemption

(1)

General rule

Except as provided in paragraph (2) or (3), any pesticide chemical residue in or on a food shall be deemed unsafe for the purpose of section 342(a)(2)(B) of this title unless—

(A)

a tolerance for such pesticide chemical residue in or on such food is in effect under this section and the quantity of the residue is within the limits of the tolerance; or

(B)

an exemption from the requirement of a tolerance is in effect under this section for the pesticide chemical residue.

For the purposes of this section, the term “food”, when used as a noun without modification, shall mean a raw agricultural commodity or processed food.

(2)

Processed food

Notwithstanding paragraph (1)—

(A)

if a tolerance is in effect under this section for a pesticide chemical residue in or on a raw agricultural commodity, a pesticide chemical residue that is present in or on a processed food because the food is made from that raw agricultural commodity shall not be considered unsafe within the meaning of section 342(a)(2)(B) of this title despite the lack of a tolerance for the pesticide chemical residue in or on the processed food if the pesticide chemical has been used in or on the raw agricultural commodity in conformity with a tolerance under this section, such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of the pesticide chemical residue in the processed food is not greater than the tolerance prescribed for the pesticide chemical residue in the raw agricultural commodity; or

(B)

if an exemption for the requirement for a tolerance is in effect under this section for a pesticide chemical residue in or on a raw agricultural commodity, a pesticide chemical residue that is present in or on a processed food because the food is made from that raw agricultural commodity shall not be considered unsafe within the meaning of section 342(a)(2)(B) of this title.

(3)

Residues of degradation products

If a pesticide chemical residue is present in or on a food because it is a metabolite or other degradation product of a precursor substance that itself is a pesticide chemical or pesticide chemical residue, such a residue shall not be considered to be unsafe within the meaning of section 342(a)(2)(B) of this title despite the lack of a tolerance or exemption from the need for a tolerance for such residue in or on such food if—

(A)

the Administrator has not determined that the degradation product is likely to pose any potential health risk from dietary exposure that is of a different type than, or of a greater significance than, any risk posed by dietary exposure to the precursor substance;

(B)

either—

(i)

a tolerance is in effect under this section for residues of the precursor substance in or on the food, and the combined level of residues of the degradation product and the precursor substance in or on the food is at or below the stoichiometrically equivalent level that would be permitted by the tolerance if the residue consisted only of the precursor substance rather than the degradation product; or

(ii)

an exemption from the need for a tolerance is in effect under this section for residues of the precursor substance in or on the food; and

(C)

the tolerance or exemption for residues of the precursor substance does not state that it applies only to particular named substances and does not state that it does not apply to residues of the degradation product.

(4)

Effect of tolerance or exemption

(b)

Authority and standard for tolerance

(1)

Authority

The Administrator may issue regulations establishing, modifying, or revoking a tolerance for a pesticide chemical residue in or on a food—

(A)

in response to a petition filed under subsection (d); or

(B)

on the Administrator’s own initiative under subsection (e).

As used in this section, the term “modify” shall not mean expanding the tolerance to cover additional foods.

(2)

Standard

(A)

General rule

(i)

Standard

(ii)

Determination of safety

(iii)

Rule of construction

(B)

Tolerances for eligible pesticide chemical residues

(i)

Definition

As used in this subparagraph, the term “eligible pesticide chemical residue” means a pesticide chemical residue as to which—

(I)

the Administrator is not able to identify a level of exposure to the residue at which the residue will not cause or contribute to a known or anticipated harm to human health (referred to in this section as a “nonthreshold effect”);

(II)

the lifetime risk of experiencing the nonthreshold effect is appropriately assessed by quantitative risk assessment; and

(III)

with regard to any known or anticipated harm to human health for which the Administrator is able to identify a level at which the residue will not cause such harm (referred to in this section as a “threshold effect”), the Administrator determines that the level of aggregate exposure is safe.

(ii)

Determination of tolerance

Notwithstanding subparagraph (A)(i), a tolerance for an eligible pesticide chemical residue may be left in effect or modified under this subparagraph if—

(I)

at least one of the conditions described in clause (iii) is met; and

(II)

both of the conditions described in clause (iv) are met.

(iii)

Conditions regarding use

For purposes of clause (ii), the conditions described in this clause with respect to a tolerance for an eligible pesticide chemical residue are the following:

(I)

Use of the pesticide chemical that produces the residue protects consumers from adverse effects on health that would pose a greater risk than the dietary risk from the residue.

(II)

Use of the pesticide chemical that produces the residue is necessary to avoid a significant disruption in domestic production of an adequate, wholesome, and economical food supply.

(iv)

Conditions regarding risk

For purposes of clause (ii), the conditions described in this clause with respect to a tolerance for an eligible pesticide chemical residue are the following:

(I)

The yearly risk associated with the nonthreshold effect from aggregate exposure to the residue does not exceed 10 times the yearly risk that would be allowed under subparagraph (A) for such effect.

(II)

The tolerance is limited so as to ensure that the risk over a lifetime associated with the nonthreshold effect from aggregate exposure to the residue is not greater than twice the lifetime risk that would be allowed under subparagraph (A) for such effect.

(v)

Review

(vi)

Infants and children

(C)

Exposure of infants and children

In establishing, modifying, leaving in effect, or revoking a tolerance or exemption for a pesticide chemical residue, the Administrator—

(i)

shall assess the risk of the pesticide chemical residue based on—

(I)

available information about consumption patterns among infants and children that are likely to result in disproportionately high consumption of foods containing or bearing such residue among infants and children in comparison to the general population;

(II)

available information concerning the special susceptibility of infants and children to the pesticide chemical residues, including neurological differences between infants and children and adults, and effects of in utero exposure to pesticide chemicals; and

(III)

available information concerning the cumulative effects on infants and children of such residues and other substances that have a common mechanism of toxicity; and

(ii)

shall—

(I)

ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue; and

(II)

publish a specific determination regarding the safety of the pesticide chemical residue for infants and children.

The Secretary of Health and Human Services and the Secretary of Agriculture, in consultation with the Administrator, shall conduct surveys to document dietary exposure to pesticides among infants and children. In the case of threshold effects, for purposes of clause (ii)(I) an additional tenfold margin of safety for the pesticide chemical residue and other sources of exposure shall be applied for infants and children to take into account potential pre- and post-natal toxicity and completeness of the data with respect to exposure and toxicity to infants and children. Notwithstanding such requirement for an additional margin of safety, the Administrator may use a different margin of safety for the pesticide chemical residue only if, on the basis of reliable data, such margin will be safe for infants and children.

(D)

Factors

In establishing, modifying, leaving in effect, or revoking a tolerance or exemption for a pesticide chemical residue, the Administrator shall consider, among other relevant factors—

(i)

the validity, completeness, and reliability of the available data from studies of the pesticide chemical and pesticide chemical residue;

(ii)

the nature of any toxic effect shown to be caused by the pesticide chemical or pesticide chemical residue in such studies;

(iii)

available information concerning the relationship of the results of such studies to human risk;

(iv)

available information concerning the dietary consumption patterns of consumers (and major identifiable subgroups of consumers);

(v)

available information concerning the cumulative effects of such residues and other substances that have a common mechanism of toxicity;

(vi)

available information concerning the aggregate exposure levels of consumers (and major identifiable subgroups of consumers) to the pesticide chemical residue and to other related substances, including dietary exposure under the tolerance and all other tolerances in effect for the pesticide chemical residue, and exposure from other non-occupational sources;

(vii)

available information concerning the variability of the sensitivities of major identifiable subgroups of consumers;

(viii)

such information as the Administrator may require on whether the pesticide chemical may have an effect in humans that is similar to an effect produced by a naturally occurring estrogen or other endocrine effects; and

(ix)

safety factors which in the opinion of experts qualified by scientific training and experience to evaluate the safety of food additives are generally recognized as appropriate for the use of animal experimentation data.

(E)

Data and information regarding anticipated and actual residue levels

(i)

Authority

(ii)

Requirement

(F)

Percent of food actually treated

In establishing, modifying, leaving in effect, or revoking a tolerance for a pesticide chemical residue, the Administrator may, when assessing chronic dietary risk, consider available data and information on the percent of food actually treated with the pesticide chemical (including aggregate pesticide use data collected by the Department of Agriculture) only if the Administrator—

(i)

finds that the data are reliable and provide a valid basis to show what percentage of the food derived from such crop is likely to contain such pesticide chemical residue;

(ii)

finds that the exposure estimate does not understate exposure for any significant subpopulation group;

(iii)

finds that, if data are available on pesticide use and consumption of food in a particular area, the population in such area is not dietarily exposed to residues above those estimated by the Administrator; and

(iv)

provides for the periodic reevaluation of the estimate of anticipated dietary exposure.

(3)

Detection methods

(A)

General rule

(B)

Detection limit

(4)

International standards

(c)

Authority and standard for exemptions

(1)

Authority

The Administrator may issue a regulation establishing, modifying, or revoking an exemption from the requirement for a tolerance for a pesticide chemical residue in or on food—

(A)

in response to a petition filed under subsection (d); or

(B)

on the Administrator’s initiative under subsection (e).

(2)

Standard

(A)

General rule

(i)

Standard

(ii)

Determination of safety

(B)

Factors

(3)

Limitation

An exemption from the requirement for a tolerance for a pesticide chemical residue in or on food shall not be established or modified by the Administrator unless the Administrator determines, after consultation with the Secretary—

(A)

that there is a practical method for detecting and measuring the levels of such pesticide chemical residue in or on food; or

(B)

that there is no need for such a method, and states the reasons for such determination in issuing the regulation establishing or modifying the exemption.

(d)

Petition for tolerance or exemption

(1)

Petitions and petitioners

Any person may file with the Administrator a petition proposing the issuance of a regulation—

(A)

establishing, modifying, or revoking a tolerance for a pesticide chemical residue in or on a food; or

(B)

establishing, modifying, or revoking an exemption from the requirement of a tolerance for such a residue.

(2)

Petition contents

(A)

Establishment

A petition under paragraph (1) to establish a tolerance or exemption for a pesticide chemical residue shall be supported by such data and information as are specified in regulations issued by the Administrator, including—

(i)

(I)

an informative summary of the petition and of the data, information, and arguments submitted or cited in support of the petition; and

(II)

a statement that the petitioner agrees that such summary or any information it contains may be published as a part of the notice of filing of the petition to be published under this subsection and as part of a proposed or final regulation issued under this section;

(ii)

the name, chemical identity, and composition of the pesticide chemical residue and of the pesticide chemical that produces the residue;

(iii)

data showing the recommended amount, frequency, method, and time of application of that pesticide chemical;

(iv)

full reports of tests and investigations made with respect to the safety of the pesticide chemical, including full information as to the methods and controls used in conducting those tests and investigations;

(v)

full reports of tests and investigations made with respect to the nature and amount of the pesticide chemical residue that is likely to remain in or on the food, including a description of the analytical methods used;

(vi)

a practical method for detecting and measuring the levels of the pesticide chemical residue in or on the food, or for exemptions, a statement why such a method is not needed;

(vii)

a proposed tolerance for the pesticide chemical residue, if a tolerance is proposed;

(viii)

if the petition relates to a tolerance for a processed food, reports of investigations conducted using the processing method(s) used to produce that food;

(ix)

such information as the Administrator may require to make the determination under subsection (b)(2)(C);

(x)

(xi)

information regarding exposure to the pesticide chemical residue due to any tolerance or exemption already granted for such residue;

(xii)

practical methods for removing any amount of the residue that would exceed any proposed tolerance; and

(xiii)

such other data and information as the Administrator requires by regulation to support the petition.

If information or data required by this subparagraph is available to the Administrator, the person submitting the petition may cite the availability of the information or data in lieu of submitting it. The Administrator may require a petition to be accompanied by samples of the pesticide chemical with respect to which the petition is filed.

(B)

Modification or revocation

(3)

Notice

(4)

Actions by the Administrator

(A)

In general

The Administrator shall, after giving due consideration to a petition filed under paragraph (1) and any other information available to the Administrator—

(i)

issue a final regulation (which may vary from that sought by the petition) establishing, modifying, or revoking a tolerance for the pesticide chemical residue or an exemption of the pesticide chemical residue from the requirement of a tolerance (which final regulation shall be issued without further notice and without further period for public comment);

(ii)

issue a proposed regulation under subsection (e), and thereafter issue a final regulation under such subsection; or

(iii)

issue an order denying the petition.

(B)

Priorities

(C)

Expedited review of certain petitions

(i)

Date certain for review

(ii)

Required determinations

(e)

Action on Administrator’s own initiative

(1)

General rule

The Administrator may issue a regulation—

(A)

establishing, modifying, suspending under subsection (l)(3), or revoking a tolerance for a pesticide chemical or a pesticide chemical residue;

(B)

establishing, modifying, suspending under subsection (l)(3), or revoking an exemption of a pesticide chemical residue from the requirement of a tolerance; or

(C)

establishing general procedures and requirements to implement this section.

(2)

Notice

(f)

Special data requirements

(1)

Requiring submission of additional data

If the Administrator determines that additional data or information are reasonably required to support the continuation of a tolerance or exemption that is in effect under this section for a pesticide chemical residue on a food, the Administrator shall—

(A)

issue a notice requiring the person holding the pesticide registrations associated with such tolerance or exemption to submit the data or information under section 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136a(c)(2)(B)];

(B)

issue a rule requiring that testing be conducted on a substance or mixture under section 4 of the Toxic Substances Control Act [15 U.S.C. 2603]; or

(C)

publish in the Federal Register, after first providing notice and an opportunity for comment of not less than 60 days’ duration, an order—

(i)

requiring the submission to the Administrator by one or more interested persons of a notice identifying the person or persons who will submit the required data and information;

(ii)

describing the type of data and information required to be submitted to the Administrator and stating why the data and information could not be obtained under the authority of section 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136a(c)(2)(B)] or section 4 of the Toxic Substances Control Act [15 U.S.C. 2603];

(iii)

describing the reports of the Administrator required to be prepared during and after the collection of the data and information;

(iv)

requiring the submission to the Administrator of the data, information, and reports referred to in clauses (ii) and (iii); and

(v)

establishing dates by which the submissions described in clauses (i) and (iv) must be made.

The Administrator may under subparagraph (C) revise any such order to correct an error. The Administrator may under this paragraph require data or information pertaining to whether the pesticide chemical may have an effect in humans that is similar to an effect produced by a naturally occurring estrogen or other endocrine effects.

(2)

Noncompliance

(g)

Effective date, objections, hearings, and administrative review

(1)

Effective date

(2)

Further proceedings

(A)

Objections

(B)

Hearing

(C)

Final decision

(h)

Judicial review

(1)

Petition

(2)

Record and jurisdiction

(3)

Additional evidence

(4)

Final judgment; Supreme Court review

(5)

Application

(i)

Confidentiality and use of data

(1)

General rule

(2)

Exceptions

(A)

In general

Data and information that are entitled to confidential treatment under paragraph (1) may be disclosed, under such security requirements as the Administrator may provide by regulation, to—

(i)

employees of the United States authorized by the Administrator to examine such data and information in the carrying out of their official duties under this chapter or other Federal statutes intended to protect the public health; or

(ii)

contractors with the United States authorized by the Administrator to examine such data and information in the carrying out of contracts under this chapter or such statutes.

(B)

Congress

(3)

Summaries

(j)

Status of previously issued regulations

(1)

Regulations under section 346

(2)

Regulations under section 348

(3)

Regulations under section 346a

(4)

Certain substances

With respect to a substance that is not included in the definition of the term “pesticide chemical” under section 321(q)(1) of this title but was so included on the day before October 30, 1998, the following applies as of October 30, 1998:

(A)

Notwithstanding paragraph (2), any regulation applying to the use of the substance that was in effect on the day before October 30, 1998, and was on such day deemed in such paragraph to have been issued under this section, shall be considered to have been issued under section 348 of this title.

(B)

Notwithstanding paragraph (3), any regulation applying to the use of the substance that was in effect on such day and was issued under this section (including any such regulation issued before August 3, 1996) is deemed to have been issued under section 348 of this title.

(k)

Transitional provision

If, on the day before August 3, 1996, a substance that is a pesticide chemical was, with respect to a particular pesticidal use of the substance and any resulting pesticide chemical residue in or on a particular food—

(1)

regarded by the Administrator or the Secretary as generally recognized as safe for use within the meaning of the provisions of subsection (a) or section 321(s) of this title as then in effect; or

(2)

regarded by the Secretary as a substance described by section 321(s)(4) of this title;

such a pesticide chemical residue shall be regarded as exempt from the requirement for a tolerance, as of August 3, 1996. The Administrator shall by regulation indicate which substances are described by this subsection. Any exemption under this subsection may be modified or revoked as if it had been issued under subsection (c).

(l)

Harmonization with action under other laws

(1)

Coordination with FIFRA

(2)

Revocation of tolerance or exemption following cancellation of associated registrations

If the Administrator, acting under the Federal Insecticide, Fungicide, and Rodenticide Act, cancels the registration of each pesticide that contains a particular pesticide chemical and that is labeled for use on a particular food, or requires that the registration of each such pesticide be modified to prohibit its use in connection with the production, storage, or transportation of such food, due in whole or in part to dietary risks to humans posed by residues of that pesticide chemical on that food, the Administrator shall revoke any tolerance or exemption that allows the presence of the pesticide chemical, or any pesticide chemical residue that results from its use, in or on that food. Subsection (e) shall apply to actions taken under this paragraph. A revocation under this paragraph shall become effective not later than 180 days after—

(A)

the date by which each such cancellation of a registration has become effective; or

(B)

the date on which the use of the canceled pesticide becomes unlawful under the terms of the cancellation, whichever is later.

(3)

Suspension of tolerance or exemption following suspension of associated registrations

(A)

Suspension

(B)

Effect of suspension

(4)

Tolerances for unavoidable residues

(5)

Pesticide residues resulting from lawful application of pesticide

Notwithstanding any other provision of this chapter, if a tolerance or exemption for a pesticide chemical residue in or on a food has been revoked, suspended, or modified under this section, an article of that food shall not be deemed unsafe solely because of the presence of such pesticide chemical residue in or on such food if it is shown to the satisfaction of the Secretary that—

(A)

the residue is present as the result of an application or use of a pesticide at a time and in a manner that was lawful under the Federal Insecticide, Fungicide, and Rodenticide Act; and

(B)

the residue does not exceed a level that was authorized at the time of that application or use to be present on the food under a tolerance, exemption, food additive regulation, or other sanction then in effect under this chapter;

unless, in the case of any tolerance or exemption revoked, suspended, or modified under this subsection or subsection (d) or (e), the Administrator has issued a determination that consumption of the legally treated food during the period of its likely availability in commerce will pose an unreasonable dietary risk.

(6)

Tolerance for use of pesticides under an emergency exemption

(m)

Fees

(1)

Amount

The Administrator shall by regulation require the payment of such fees as will in the aggregate, in the judgment of the Administrator, be sufficient over a reasonable term to provide, equip, and maintain an adequate service for the performance of the Administrator’s functions under this section. Under the regulations, the performance of the Administrator’s services or other functions under this section, including—

(A)

the acceptance for filing of a petition submitted under subsection (d);

(B)

establishing, modifying, leaving in effect, or revoking a tolerance or establishing, modifying, leaving in effect, or revoking an exemption from the requirement for a tolerance under this section;

(C)

the acceptance for filing of objections under subsection (g); or

(D)

the certification and filing in court of a transcript of the proceedings and the record under subsection (h);

may be conditioned upon the payment of such fees. The regulations may further provide for waiver or refund of fees in whole or in part when in the judgment of the Administrator such a waiver or refund is equitable and not contrary to the purposes of this subsection.

(2)

Deposit

(3)

Prohibition

(n)

National uniformity of tolerances

(1)

“Qualifying pesticide chemical residue” defined

For purposes of this subsection, the term “qualifying pesticide chemical residue” means a pesticide chemical residue resulting from the use, in production, processing, or storage of a food, of a pesticide chemical that is an active ingredient and that—

(A)

was first approved for such use in a registration of a pesticide issued under section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136a(c)(5)] on or after April 25, 1985, on the basis of data determined by the Administrator to meet all applicable requirements for data prescribed by regulations in effect under that Act [7 U.S.C. 136 et seq.] on April 25, 1985; or

(B)

was approved for such use in a reregistration eligibility determination issued under section 4(g) of that Act [7 U.S.C. 136a–1(g)] on or after August 3, 1996.

(2)

“Qualifying Federal determination” defined

For purposes of this subsection, the term “qualifying Federal determination” means a tolerance or exemption from the requirement for a tolerance for a qualifying pesticide chemical residue that—

(A)

is issued under this section after August 3, 1996, and determined by the Administrator to meet the standard under subsection (b)(2)(A) (in the case of a tolerance) or (c)(2) (in the case of an exemption); or

(B)

(i)

pursuant to subsection (j) is remaining in effect or is deemed to have been issued under this section, or is regarded under subsection (k) as exempt from the requirement for a tolerance; and

(ii)

is determined by the Administrator to meet the standard under subsection (b)(2)(A) (in the case of a tolerance) or (c)(2) (in the case of an exemption).

(3)

Limitation

(4)

State authority

(5)

Petition procedure

(A)

In general

(B)

Petition requirements

Any petition under subparagraph (A) shall—

(i)

satisfy any requirements prescribed, by rule, by the Administrator; and

(ii)

be supported by scientific data about the pesticide chemical residue that is the subject of the petition or about chemically related pesticide chemical residues, data on the consumption within such State of food bearing the pesticide chemical residue, and data on exposure of humans within such State to the pesticide chemical residue.

(C)

Authorization

The Administrator may, by order, grant the authorization described in subparagraph (A) if the Administrator determines that the proposed State regulatory limit—

(i)

is justified by compelling local conditions; and

(ii)

would not cause any food to be a violation of Federal law.

(D)

Treatment

(E)

Review

(6)

Urgent petition procedure

(7)

Residues from lawful application

(8)

Savings

(o)

Consumer right to know

Not later than 2 years after August 3, 1996, and annually thereafter, the Administrator shall, in consultation with the Secretary of Agriculture and the Secretary of Health and Human Services, publish in a format understandable to a lay person, and distribute to large retail grocers for public display (in a manner determined by the grocer), the following information, at a minimum:

(1)

A discussion of the risks and benefits of pesticide chemical residues in or on food purchased by consumers.

(2)

A listing of actions taken under subparagraph (B) of subsection (b)(2) that may result in pesticide chemical residues in or on food that present a yearly or lifetime risk above the risk allowed under subparagraph (A) of such subsection, and the food on which the pesticide chemicals producing the residues are used.

(3)

Recommendations to consumers for reducing dietary exposure to pesticide chemical residues in a manner consistent with maintaining a healthy diet, including a list of food that may reasonably substitute for food listed under paragraph (2).

Nothing in this subsection shall prevent retail grocers from providing additional information.

(p)

Estrogenic substances screening program

(1)

Development

(2)

Implementation

(3)

Substances

In carrying out the screening program described in paragraph (1), the Administrator—

(A)

shall provide for the testing of all pesticide chemicals; and

(B)

may provide for the testing of any other substance that may have an effect that is cumulative to an effect of a pesticide chemical if the Administrator determines that a substantial population may be exposed to such substance.

(4)

Exemption

(5)

Collection of information

(A)

In general

(B)

Procedures

(C)

Failure of registrants to submit information

(i)

Suspension

(ii)

Hearing

(iii)

Termination of suspensions

(D)

Noncompliance by other persons

(6)

Agency action

(7)

Report to Congress

Not later than 4 years after August 3, 1996, the Administrator shall prepare and submit to Congress a report containing—

(A)

the findings of the Administrator resulting from the screening program described in paragraph (1);

(B)

recommendations for further testing needed to evaluate the impact on human health of the substances tested under the screening program; and

(C)

recommendations for any further actions (including any action described in paragraph (6)) that the Administrator determines are appropriate based on the findings.

(q)

Schedule for review

(1)

In general

The Administrator shall review tolerances and exemptions for pesticide chemical residues in effect on the day before August 3, 1996, as expeditiously as practicable, assuring that—

(A)

33 percent of such tolerances and exemptions are reviewed within 3 years of August 3, 1996;

(B)

66 percent of such tolerances and exemptions are reviewed within 6 years of August 3, 1996; and

(C)

100 percent of such tolerances and exemptions are reviewed within 10 years of August 3, 1996.

In conducting a review of a tolerance or exemption, the Administrator shall determine whether the tolerance or exemption meets the requirements of subsections 2

 So in original. Probably should be “subsection”.

(b)(2) or (c)(2) and shall, by the deadline for the review of the tolerance or exemption, issue a regulation under subsection (d)(4) or (e)(1) to modify or revoke the tolerance or exemption if the tolerance or exemption does not meet such requirements.

(2)

Priorities

(3)

Publication of schedule

(r)

Temporary tolerance or exemption

(s)

Savings clause

(June 25, 1938, ch. 675, § 408, as added July 22, 1954, ch. 559, § 3, 68 Stat. 511; amended Pub. L. 85–791, § 20, Aug. 28, 1958, 72 Stat. 947; Pub. L. 91–515, title VI, § 601(d)(1), Oct. 30, 1970, 84 Stat. 1311; Pub. L. 92–157, title III, § 303(a), Nov. 18, 1971, 85 Stat. 464; Pub. L. 92–516, § 3(3), Oct. 21, 1972, 86 Stat. 998; Pub. L. 98–620, title IV, § 402(25)(A), Nov. 8, 1984, 98 Stat. 3359; Pub. L. 102–300, § 6(b)(1), June 16, 1992, 106 Stat. 240; Pub. L. 102–571, title I, § 107(7), Oct. 29, 1992, 106 Stat. 4499; Pub. L. 103–80, § 3(k), Aug. 13, 1993, 107 Stat. 776; Pub. L. 104–170, title IV, § 405, Aug. 3, 1996, 110 Stat. 1514; Pub. L. 105–324, § 2(b), Oct. 30, 1998, 112 Stat. 3036; Pub. L. 110–94, § 4(d)(2), Oct. 9, 2007, 121 Stat. 1002; Pub. L. 112–177, § 2(a)(3), Sept. 28, 2012, 126 Stat. 1329; Pub. L. 116–8, § 2(c), Mar. 8, 2019, 133 Stat. 485; Pub. L. 117–328, div. HH, title VI, § 703(b), Dec. 29, 2022, 136 Stat. 6002.)

cite as: 21 USC 346a

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