./.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/127
20 July 1998
(98-2858)
Committee on Sanitary and Phytosanitary Measures Original:  English
NOTIFICATION
1. Member to Agreement notifying:  UNITED STATES
If applicable, name of local government involved:           
2. Agency responsible:   Environmental Protection Agency
3. Products covered (tariff item number(s) as specified in national schedules deposited
with the WTO.  ICS numbers may be provided in addition, where applicable):  Food
and food by-products used as pesticides
4. Title and number of pages of the notified document:  Food and Food By-Products Used
as a Pesticide; Proposed Exemption From the Requirement of a Tolerance.
5. Description of content:  The US Environmental Protection Agency (EPA) is proposing to
establish an exemption from the requirement of a tolerance for residues of any edible food
commodity (except peanuts, tree nuts, milk, soybean, eggs, fish, crustacea, and wheat) used
as a pesticide, when applied in accordance with good agricultural practices, in or on all food
commodities.  Any edible food commodity used as a pesticide under this exemption must
not be "adulterated food" as defined in the Federal Food Drug and Cosmetic Act (FFDCA)Section 402. 21 U.S.C. 342.  The exemption from the requirement of a tolerance is being
proposed by the Agency on its own initiative, since the Agency believes that the exemption
for edible food commodities will be safe.
6. Objective and rationale:  Food safety
7. An international standard, guideline or recommendation does not exist [ X ].
If an international standard, guideline or  recommendation exists, whenever possible,
identify deviations:           
8. Relevant documents and language(s) in which these are available: 63 FR 37307,
10 July 1998 (available in English, 3 pages);  40 CFR Part 180
9. Proposed date of adoption:  To be determined
10. Proposed date of entry into force:  The effective date will be given upon publication of
the Final Rule in the Federal Register.G/SPS/N/USA/127
Page 2
11. Final date for comments:  8 September 1998
Agency or authority designated to handle comments:   Environmental Protection Agency
12. Texts available from:  National enquiry point [  X ] or address, telefax number and
E-mail address (if available) of other body:   
USDA/FAS/OFSTS
ATTN: Carolyn F. Wilson
Room 5545 South Agriculture Building
Stop 1027
1400 Independence Avenue, S.W.
Washington, D.C. 20250
Tel:  (202) 720-2239
Fax:  (202) 690-0677E-mail:  ofsts@fas.usda.gov