Page:United States Statutes at Large Volume 110 Part 2.djvu/727

 PUBLIC LAW 104-170—AUG. 3, 1996 110 STAT. 1519 duced by a naturally occurring estrogen or other endocrine effects; and "(ix) safety factors which in the opinion of experts qualified by scientific training and experience to evaluate the safety of food additives are generally recognized as appropriate for the use of animal experimentation data. "(E) DATA AND INFORMATION REGARDING ANTICIPATED AND ACTUAL RESIDUE LEVELS.— "(i) AUTHORITY.—In establishing, modifying, leaving in effect, or revoking a tolerance for a pesticide chemical residue, the Administrator may consider available data and information on the anticipated residue levels of the pesticide chemical in or on food and the actual residue levels of the pesticide chemical that have been measured in food, including residue data collected by the Food and Drug Administration. "(ii) REQUIREMENT. —If the Administrator relies on anticipated or actual residue levels in establishing, modify- ing, or leaving in effect a tolerance, the Administrator shall pursuant to subsection (f)(1) require that data be provided five years after the date on which the tolerance is established, modified, or left in effect, and thereafter as the Administrator deems appropriate, demonstrating that such residue levels are not above the levels so relied on. If such data are not so provided, or if the data do Regulations, not demonstrate that the residue levels are not above the levels so relied on, the Administrator shall, not later than 180 days after the date on which the data were required to be provided, issue a regulation under subsection (e)(1), or an order under subsection (f)(2), as appropriate, to modify or revoke the tolerance. "(F) PERCENT OF FOOD ACTUALLY TREATED. —In establishing, modifying, leaving in effect, or revoking a tolerance for a pesticide chemical residue, the Administrator may, when assessing chronic dietary risk, consider available data and information on the percent of food actually treated with the pesticide chemical (including aggregate pesticide use data collected by the Department of Agriculture) only if the Administrator— "(i) finds that the data are reliable and provide a valid basis to show what percentage of the food derived from such crop is likely to contain such pesticide chemical residue; "(ii) finds that the exposure estimate does not understate exposure for any significant subpopulation group; "(iii) finds that, if data are available on pesticide use and consumption of food in a particular area, the population in such area is not dietarily exposed to residues above those estimated by the Administrator; and "(iv) provides for the periodic reevaluation of the estimate of anticipated dietary exposure. " (3) DETECTION METHODS.— "(A) GENERAL RULE. —^A tolerance for a pesticide chemical residue in or on a food shall not be established or

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