Page:United States Statutes at Large Volume 110 Part 2.djvu/724

 110 STAT. 1516 PUBLIC LAW 104-170—AUG. 3, 1996 "(2) STANDARD.— "(A) GENERAL RULE. — "(i) STANDARD.— The Administrator may establish or leave in effect a tolerance for a pesticide chemical residue in or on a food only if the Administrator determines that the tolerance is safe. The Administrator shall modify or revoke a tolersmce if the Administrator determines it is not safe. "(ii) DETERMINATION OF SAFETY.— AS used in this section, the term 'safe', with respect to a tolerance 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. " (iii) RULE OF CONSTRUCTION.—With respect to a tolerance, a pesticide chemical residue meeting the standard under clause (i) is not an eligible pesticide chemical residue for purposes of subparagraph (B). " (B) TOLERANCES FOR ELIGIBLE PESTICIDE CHEMICAL RESIDUES. — "(i) DEFINITION. —As used in this subparagraph, the term 'eligible pesticide chemical residue' means a pesticide chemical residue as to which— "(I) the Administrator is not able to identify a level of exposure to the residue at which the residue will not cause or contribute to a known or anticipated harm to human health (referred to in this section as a 'nonthreshold effect'); "(II) the lifetime risk of experiencing the nonthreshold effect is appropriately assessed by quantitative risk assessment; and "(III) with regard to any known or anticipated harm to human health for which the Administrator is able to identify a level at which the residue will not cause such harm (referred to in this section as a 'threshold effect'), the Administrator determines that the level of aggregate exposure is safe. "(ii) DETERMINATION OF TOLERANCE. — Notwithstanding subparagraph (A)(i), a tolerance for an eligible pesticide chemical residue may be left in effect or modified under this subparagraph if— "(I) at least one of the conditions described in clause (iii) is met; and "(II) both of the conditions described in clause (iv) are met. "(iii) CONDITIONS REGARDING USE. —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) Use of the pesticide chemical that produces the residue protects consumers from adverse effects on health that would pose a greater risk than the dietary risk from the residue. "(II) Use of the pesticide chemical that produces the residue is necessary to avoid a significant

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