Page:United States Statutes at Large Volume 110 Part 2.djvu/722

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110 STAT. 1514 PUBLIC LAW 104-170—AUG. 3, 1996 commodity that has been subject to processing, such as canning, cooking, freezing, dehydration, or milHng. "(hh) The term 'Administrator' means the Administrator of the United States Environmental Protection Agency.". SEC. 403. PROfflBITED ACTS. Section 301(j) (21 U.S.C. 331(j)) is amended in the first sentence by inserting before the period the following: "; or the violating of section 408(i)(2) or any regulation issued under that section.". SEC. 404. ADULTERATED FOOD. Section 402(a) (21 U.S.C. 342(a)) is amended by striking "(2)(A) if it bears" and all that follows through "(3) if it consists" and inserting the following: "(2)(A) if it bears or contains any added poisonous or added deleterious substance (other than a substance that is a pesticide chemical residue in or on a raw agricultural commodity or processed food, a food additive, a color additive, or a new animal drug) that is unsafe within the meaning of section 406; or (B) if it bears or contains a pesticide chemical residue that is unsafe within the meaning of section 408(a); or (C) if it is or if it bears or contains (i) any food additive that is unsafe within the meaning of section 409; or (ii) a new animal drug (or conversion product thereof) that is unsafe within the meaning of section 512; or (3) if it consists". SEC. 405. TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES. Section 408 (21 U.S.C. 346a) is amended to read as follows: "TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES "SEC 408. (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 402(a)(2)(B) 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 402(a)(2)(B) 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