. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/732
13 June 2003
(03-3085)
Committee on Sanitary and Phytosanitary Measures Original:  English
NOTIFICATION
1. Member to Agreement notifying:   UNITED STATES
If applicable, name of local government involved:
2. Agency responsible:   Environmental Protection Agency (EPA)
3. Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers should be provided in addition, where
applicable):  Products that use the pesticides Decanoic Acid in or on all raw agricultural
commodities and in processed commodities, when residues result from the use of Decanoic
Acid as an antimicrobial treatment in solutions containing a diluted end-use concentrationof Decanoic Acid up to 170 parts per million (ppm) per application on food contact
surfaces such as equipment, pipelines, tanks, vats, fillers, evaporators, pasteurizers and
aseptic equipment in restaurants, food service operations, dairies, breweries, wineries,
beverage and food processing plants.
4. Regions or countries likely to be affected, to the extent relevant or practicable:  Any
US trading partners
5. Title, language and number of pages of the notified document:  Decanoic Acid;
Exemption from the Requirement of a Pesticide Tolerance (available in English, 5 pages).
6. Description of content:  This regulation establishes an exemption from the requirement of
a tolerance for residues of decanoic acid (capric acid) in or on all foods when applied/used
as a component of a food contact surface sanitizing solution in food handling
establishments.  Eco Lab Inc. submitted a petition to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996(FQPA), requesting an exemption from the requirement of a tolerance.  This regulation
eliminates the need to establish a maximum permissible level for residues of decanoic acid.
The petition requested that 40 CFR part 180 be amended by establishing an exemption
from the requirement of a tolerance is established for residues of decanoic acid in or on all
raw agricultural commodities and in processed commodities, when such residues resultfrom the use of decanoic acid as an antimicrobial treatment in solutions containing a
diluted end-use concentration of decanoic acid up to 170 parts per million (ppm) per
application on food contact surfaces such as equipment, pipelines, tanks, vats, fillers,
evaporators, pasteurizers and aseptic equipment in restaurants, food service operations,
dairies, breweries, wineries, beverage and food processing plants.  The sanitizer is appliedby immersion, coarse spray, or circulation technique as appropriate to the equipment.  The
solution, once applied is allowed to drain and dry and there is no potable water rinse.
7. Objective and rationale:  [  X ] food safety, [   ] animal health, [   ] plant protection,
[ X ] protect humans from animal/plant pest or disease, [   ] protect territory from other
damage from pestsG/SPS/N/USA/732
Page 2
8. International standard, gu ideline or recommendation:
[   ] Codex Alimentarius Commission, [   ] Office International des Epizooties,
[   ] International Plant Prot ection Convention, [ X ] None
If an international standard , guideline or recommendation exists, give the appropriate
reference and briefly identify deviations:   NA
9. Relevant documents and language(s) in which these are available:  DOCID:
fr19fe03-21, Federal Register:  19 February 2003 (Volume 68, Number 33)
Pages 7935-7940;http://www.epa.gov/fedrgstr/EPA-PEST/2003/February/Day-19/p3843.htm;  Available inEnglish
10. Proposed date of adoption:  19 February 2003
11. Proposed date of entry into force:  not applicable
12. Final date for comments:  21 April 2003
Agency or authority designated to handle comments:  [ X ] National notification
authority, [   ] National enquiry point, or address, fax number and E-mail address (if
available) of other body:
Public Information and Records Integrity Branch (PIRIB), Information Resources and
Services Division (7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.  opp-docket@epa.gov
Note: Identify docket name "OPP-2002-0272" in subject line of your response.
13. Texts available from:  [   ] National notification authority,  [ X ] National enquiry point,
or address, fax number and E-mail address (if available) of other body:
Mr. Bill Janis, U.S. Department of Agriculture, Stop 1027, Washington, DC  20250.  Tel
(202) 720-9047, (202) 720-0677, fstsd@usda.gov