Page:United States Statutes at Large Volume 110 Part 2.djvu/723

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PUBLIC LAW 104-170—AUG. 3, 1996 110 STAT. 1515 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 402(a)(2)(B). " (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 402(a)(2)(B) 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. —While a tolerance or exemption from the requirement for a tolerance is in effect under this section for a pesticide chemical residue with respect to any food, the food shall not by reason of bearing or containing any amount of such a residue be considered to be adulterated within the meaning of section 402(a)(1). " (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.