110 STAT. 1528
PUBLIC LAW 104-170—AUG. 3, 1996
Effective date.
Applicability.
Effective date.
Applicability.
Review.
contains a particular pesticide chemical and that is labeled
for use on a particular food, or requires that the registration
of each such pesticide be modified to prohibit its use in connection with the production, storage, or transportation of such
food, due in whole or in part to dietary risks to humans posed
by residues of that pesticide chemical on that food, the Administrator shall revoke any tolerance or exemption that allows
the presence of the pesticide chemical, or any pesticide chemical
residue that results from its use, in or on that food. Subsection
(e) shall apply to actions taken under this paragraph. A revocation under this paragraph shall become effective not later than
180 days after—
"(A) the date by which each such cancellation of a
registration has become effective; or
"(B) the date on which the use of the canceled pesticide
becomes unlawful under the terms of the cancellation,
whichever is later.
"(3) SUSPENSION OF TOLERANCE OR EXEMPTION FOLLOWING
SUSPENSION OF ASSOCIATED REGISTRATIONS. —
"(A) SUSPENSION. —I f the Administrator, acting under
the Federal Insecticide, Fungicide, and Rodenticide Act,
suspends the use of each registered pesticide that contains
a particular pesticide chemical and that is labeled for use
on a particular food, due in whole or in part to dietary
risks to humans posed by residues of that pesticide chemical on that food, the Administrator shall suspend any tolerance or exemption that allows the presence of the pesticide
chemical, or any pesticide chemical residue that results
from its use, in or on that food. Subsection (e) shall apply
to actions taken under this paragraph. A suspension under
this paragraph shall become effective not later than 60
days after the date by which each such suspension of
use has become effective.
"(B) EFFECT OF SUSPENSION.— The suspension of a
tolerance or exemption under subparagraph (A) shall be
effective as long as the use of each associated registration
of a pesticide is suspended under the Federal Insecticide,
Fungicide, and Rodenticide Act. While a suspension of a
tolerance or exemption is effective the tolerance or exemption shall not be considered to be in effect. If the suspension
of use of the pesticide under that Act is terminated, leaving
the registration of the pesticide for such use in effect under
that Act, the Administrator shall rescind any associated
suspension of tolerance or exemption.
"(4) TOLERANCES FOR UNAVOIDABLE RESIDUES.—In connection with action taken under paragraph (2) or (3), or with
respect to pesticides whose registrations were suspended or
canceled prior to the date of the enactment of this paragraph
under the Federal Insecticide, Fungicide, and Rodenticide Act,
if the Administrator determines that a residue of the canceled
or suspended pesticide chemical will unavoidably persist in
the environment and thereby be present in or on a food, the
Administrator may establish a tolerance for the pesticide chemical residue. In establishing such a tolerance, the Administrator
shall take into account both the factors set forth in subsection
(b)(2) and the unavoidability of the residue. Subsection (e)
shall apply to the establishment of such tolerance. The Adminis-
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