Page:United States Statutes at Large Volume 110 Part 2.djvu/729

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PUBLIC LAW 104-170—AUG. 3, 1996 110 STAT. 1521 "(A) that there is a practical method for detecting and measuring the levels of such pesticide chemical residue in or on food; or "(B) that there is no need for such a method, and states the reasons for such determination in issuing the regulation establishing or modifying the exemption. "(d) PETITION FOR TOLERANCE OR EXEMPTION.— "(1) PETITIONS AND PETITIONERS.— Any person may file with the Administrator a petition proposing the issuance of a regulation— "(A) establishing, modifying, or revoking a tolerance for a pesticide chemical residue in or on a food; or "(B) establishing, modifying, or revoking an exemption from the requirement of a tolerance for such a residue. " (2) PETITION CONTENTS.— "(A) ESTABLISHMENT. —^A petition under paragraph (1) Regulations. to establish a tolerance or exemption for a pesticide chemical residue shall be supported by such data and information as are specified in regulations issued by the Administrator, including— "(i)(I) an informative summary of the petition and of the data, information, and arguments submitted or cited in support of the petition; and "(II) a statement that the petitioner agrees that such summary or any information it contains may be published as a part of the notice of filing of the petition to be published under this subsection and as part of a proposed or final regulation issued under this section; "(ii) the name, chemical identity, and composition of the pesticide chemical residue and of the pesticide chemical that produces the residue; "(iii) data showing the recommended amount, frequency, method, and time of application of that pesticide chemical; "(iv) full reports of tests and investigations made with respect to the safety of the pesticide chemical, including full information as to the methods and controls used in conducting those tests and investigations; "(v) full reports of tests and investigations made with respect to the nature and amount of the pesticide chemical residue that is likely to remain in or on the food, including a description of the anal3rtical methods used; "(vi) a practical method for detecting and measuring the levels of the pesticide chemical residue in or on the food, or for exemptions, a statement why such a method is not needed; "(vii) a proposed tolerance for the pesticide chemical residue, if a tolerance is proposed; "(viii) if the petition relates to a tolerance for a processed food, reports of investigations conducted using the processing method(s) used to produce that food; "(ix) such information as the Administrator may require to make the determination under subsection (b)(2)(C);