[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Notices]
[Page 10760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6158]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-300419; FRL-5355-2]
Identification of Pesticide Tolerances Under Settlement Agreement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: With this notice EPA identifies various pesticide food
additive regulations under a court-approved settlement agreement.
Today's notice does not affect the regulatory status of any raw or
processed food tolerance.
FOR FURTHER INFORMATION CONTACT: By mail: Jean M. Frane, Policy and
Special Projects Staff (7501C), Environmental Protection Agency, 401 M
St., SW., Washington, DC, 20460. Office location: Room 1113, Crystal
Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. Telephone: 703-
305-5944; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 9, 1995, in a court-approved settlement agreement, EPA
agreed to take certain actions related to the Delaney clause of the
Federal Food, Drug and Cosmetic Act (FFDCA). The Delaney clause
prohibits the establishment or maintenance of any food additive
regulation (commonly referred to as a tolerance) for a pesticide that
is found to induce cancer.
One of the actions agreed to by EPA is to review, within 5 years of
the date of approval of the settlement, toxicological and food
processing studies submitted as of the date of settlement, to determine
the following:
1. Whether any such toxicological studies show that any pesticides
not included in Appendix III of the settlement ``induce cancer'' within
the meaning of the Delaney clause. Additionally, EPA agreed to identify
any existing or needed processed food tolerances for such pesticides
found to induce cancer, and
2. Whether any such food processing studies show that any
pesticides included in Appendix III need processed food tolerances.
EPA agreed to issue a notice in the Federal Register, annually for
5 years, listing any pesticide food additive tolerances and underlying
raw food tolerances identified in its review of the toxicological and
processing studies. Today's notice is the first such annual notice.
II. Listing of Pesticide Tolerances
A. Pesticides Newly Identified as ``Inducing Cancer''
Prior to and since the settlement agreement, EPA has issued a
series of proposed revocations of processed food tolerances, in which
the Agency has made determinations that the pesticide induces cancer.
Each of these pesticides is currently identified in Appendix III of the
settlement, and thus are not considered to be newly identified for the
purposes of this notice.
EPA has made no determinations that any pesticide not currently
identified in Appendix III of the settlement ``induces cancer'' within
the meaning of the Delaney clause.
B. Pesticides Newly Identified as Having or Needing Food Additive
Tolerances
EPA has determined, based upon its review of processing studies,
that the pesticides listed in the following table have raw food
tolerances and need processed food tolerances. This listing is merely a
reporting of determinations made at various times over the past year.
Such determinations were made in accordance with policies in existence
at the time of the review. In the last year, EPA has revised many of
its policies that determine when a processed food tolerance is needed.
Some of today's determinations on the need for a processed food or feed
tolerance do not reflect consideration of EPA's revised policies.
Before taking any regulatory action with respect to the raw or
processed tolerances in today's notice, EPA will evaluate the need for
a food/feed additive tolerance in accordance with its new policies.
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Raw crop tolerance Processed Food/
Pesticide (CFR cite) Feed Form
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Iprodione....................... Fresh prune Dried prune
(180.399)
Metolachlor..................... Potatoes (180.368) Processed potato
waste
Permethrin...................... Apples (180.378) Wet apple pomace
Phosmet......................... Grapes (180.261) Raisin waste
.............................. Pomace (wet and
dry)
Thiophanate-methyl.............. Apples (180.371) Wet apple pomace
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Dated: March 6, 1996.
Penelope A. Fenner-Crisp,
Acting Director, Office of Pesticide Programs.
[FR Doc. 96-6158 Filed 3-14-96; 8:45 am]
BILLING CODE 6560-50-F