Page:United States Statutes at Large Volume 110 Part 2.djvu/726

 110 STAT. 1518 PUBLIC LAW 104-170—AUG. 3, 1996 Publication. Surveys. residues and other substances that have a common mechanism of toxicity; and "(ii) shall— "(I) ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue; and " (II) publish a specific determination regarding the safety of the pesticide chemical residue for infants and children. The Secretary of Health and Human Services and the Secretary of Agriculture, in consultation with the Administrator, shall conduct surveys to document dietary exposure to pesticides among infants and children. In the case of threshold effects, for purposes of clause (ii)(I) an additional tenfold margin of safety for the pesticide chemical residue and other sources of exposure shall be applied for infants and children to take into account potential pre- and postnatal toxicity and completeness of the data with respect to exposure and toxicity to infants and children. Notwithstanding such requirement for an additional margin of safety, the Administrator may use a different margin of safety for the pesticide chemical residue only if, on the basis of reliable data, such margin will be safe for infants and children. "(D) FACTORS.— In establishing, modifying, leaving in effect, or revoking a tolerance or exemption for a pesticide chemical residue, the Administrator shall consider, among other relevant factors— "(i) the validity, completeness, and reliability of the available data from studies of the pesticide chemical and pesticide chemical residue; "(ii) the nature of any toxic effect shown to be caused by the pesticide chemical or pesticide chemical residue in such studies; "(iii) available information concerning the relationship of the results of such studies to human risk; "(iv) available information concerning the dietary consumption patterns of consumers (and major identifiable subgroups of consumers); "(v) available information concerning the cumulative effects of such residues and other substances that have a common mechanism of toxicity; "(vi) available information concerning the aggregate exposure levels of consumers (and major identifiable subgroups of consumers) to the pesticide chemical residue and to other related substances, including dietary exposure under the tolerance and all other tolerances in effect for the pesticide chemical residue, and exposure from other non-occupational sources; "(vii) available information concerning the variability of the sensitivities of major identifiable subgroups of consumers; "(viii) such information as the Administrator may require on whether the pesticide chemical may have an effect in humans that is similar to an effect pro-

�