Page:United States Statutes at Large Volume 110 Part 2.djvu/725

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PUBLIC LAW 104-170—AUG. 3, 1996 110 STAT. 1517 disruption in domestic production of an adequate, wholesome, and economical food supply. "(iv) CONDITIONS REGARDING RISK.— For purposes of clause (ii), the conditions described in this clause with respect to a tolerance for an eligible pesticide chemical residue are the following: "(I) The yearly risk associated with the nonthreshold effect from aggregate exposure to the residue does not exceed 10 times the yearly risk that would be allowed under subparagraph (A) for such effect. "(II) The tolerance is limited so as to ensure that the risk over a lifetime associated with the nonthreshold effect from aggregate exposure to the residue is not greater than twice the lifetime risk that would be allowed under subparagraph (A) for such effect. "(v) REVIEW.— F ive years after the date on which the Administrator makes a determination to leave in effect or modify a tolerance under this subparagraph, and thereafter as the Administrator deems appropriate, the Administrator shall determine, after notice and opportunity for comment, whether it has been demonstrated to the Administrator that a condition described in clause (iii)(I) or clause (iii)(II) continues to exist with respect to the tolerance and that the yearly and lifetime risks from aggregate exposure to such residue continue to comply with the limits specified in clause (iv). If the Administrator determines Regulations, by such date that such demonstration has not been made, the Administrator shall, not later than 180 days after the date of such determination, issue a regulation under subsection (e)(1) to modify or revoke the tolerance. "(vi) INFANTS AND CHILDREN. — Any tolerance under this subparagraph shall meet the requirements of subparagraph (C). "(C) EXPOSURE OF INFANTS AND CHILDREN. —In establishing, modifying, leaving in effect, or revoking a tolerance or exemption for a pesticide chemical residue, the Administrator— "(i) shall assess the risk of the pesticide chemical residue based on— " (I) available information about consumption patterns among infants and children that are likely to result in disproportionately high consumption of foods containing or bearing such residue among infants and children in comparison to the general population; "(II) available information concerning the special susceptibility of infants and children to the pesticide chemical residues, including neurological differences between infants and children and adults, and effects of in utero exposure to pesticide chemicals; and "(III) available information concerning the cumulative effects on infants and children of such