[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