Page:United States Statutes at Large Volume 110 Part 2.djvu/728

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110 STAT. 1520 PUBLIC LAW 104-170—AUG. 3, 1996 modified by the Administrator unless the Administrator determines, after consultation with the Secretary, that there is a practical method for detecting and measuring the levels of the pesticide chemical residue in or on the food. "(B) DETECTION LIMIT.—^A tolerance for a pesticide chemical residue in or on a food shall not be established at or modified to a level lower than the limit of detection of the method for detecting and measuring the pesticide chemical residue specified by the Administrator under subparagraph (A). "(4) INTERNATIONAL STANDARDS. —In establishing a tolerance for a pesticide chemical residue in or on a food, the Administrator shall determine whether a maximum residue level for the pesticide chemical has been established by the Publication. Codex Alimentarius Commission. If a Codex maximum residue level has been established for the pesticide chemical and the Administrator does not propose to adopt the Codex level, the Administrator shall publish for public comment a notice explaining the reasons for departing from the Codex level. "(c) AUTHORITY AND STANDARD FOR EXEMPTIONS. — "(1) AUTHORITY.— The Administrator may issue a regulation establishing, modifying, or revoking an exemption from the requirement for a tolerance for a pesticide chemical residue in or on food— "(A) in response to a petition filed under subsection (d); or "(B) on the Administrator's initiative under subsection (e). "(2) STANDARD.— "(A) GENERAL RULE. — "(i) STANDARD.— The Administrator may establish or leave in effect an exemption from the requirement for a tolerance for a pesticide chemical residue in or on food only if the Administrator determines that the exemption is safe. The Administrator shall modify or revoke an exemption if the Administrator determines it is not safe. "(ii) DETERMINATION OF SAFETY. — The term 'safe', with respect to an exemption for a pesticide chemical residue, means that the Administrator has determined that there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information. "(B) FACTORS. —In making a determination under this paragraph, the Administrator shall take into account, among other relevant considerations, the considerations set forth in subparagraphs (C) and (D) of subsection (b)(2). "(3) LIMITATION. —An exemption from the requirement for a tolerance for a pesticide chemical residue in or on food shall not be established or modified by the Administrator unless the Administrator determines, after consultation with the Secretary—