. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/769
28 July 2003
(03-4009)
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 carry the pesticide Fenpyroximate Benzoic Acid in or on the
raw agricultural commodities, including fruit, apples, grapes and fruit of the pome group;
cotton, undelinted seed, gin by-products; milk; meat, fat, liver, kidney and by-products ofcattle, goat, hogs and horses
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:   Fenpyroximate; Notice
of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or
on Food  (Available in English, 4 pages)
6. Description of content:  EPA has received a pesticide petition (3E6519) from IR-4
proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act(FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing for the first time a
tolerance for residues of combined residues of Fenpyroximate Benzoic Acid, 4-[[[(E)-(1,3-
dimethyl-5-phenoxy-1H-pyrazol-4-yl) methyl ene]amino]oxy]methyl]-, 1,1-dimethylethyl
ester] and its z-isomer benzoic acid, 4-[[[[(Z)-(1,3-dimethyl-5-phenoxy-1H-pyrazol-4-yl)
methylene]amino]oxy]methyl]-,1,1-dimethylethyl ester)]] in or on the raw agriculturalcommodity fruit, pome, group 11 at 0.3 parts per million (ppm).
EPA has also received a pesticide petition (2 F6437) from Nichino Am erica, Inc. proposing,
pursuant to section 408(d) of the FFDCA, 21 U.S.C. 346a(d), to amend 40 CFR part 180 by
establishing for the first time tolerances for residues of combined residues of
Fenpyroximate Benzoic Acid, 4-[[[(E) -(1,3-dimethyl-5-phenoxy-1H-pyrazol-4-yl)
methylene]amino]oxy]methyl]-, 1,1-dimethyleth yl ester] and its z-isomer benzoic acid, 4-
[[[[(Z)-(1,3-dimethyl- 5-phenoxy-1H-pyrazol-4-yl) methylene]amino]oxy]methyl]-,1,1-
dimethylethyl ester)]] in or on the following raw agricultural commodities: Cotton,
undelinted seed at 0.1 ppm, cotton, gin byproducts at 9.0 ppm, apple, fruit at 0.08 ppm, and
grape at 0.3 ppm.
Additionally, EPA has received request for tolerances for the combined residues of
Fenpyroximate Benzoic Acid, 4-[[[(E) -(1,3-dimethyl-5-phenoxy-1H-pyrazol-4-yl)
methylene]amino] oxy]methyl]-, 1,1-dimethyleth yl ester] and its z-isomer benzoic acid, 4-
[[[[(Z)-(1,3-dimethyl-5-phenoxy-1H-pyrazol-4-yl) methylene]amino]oxy]methyl]-,1,1-
dimethylethyl ester)] and the acid metabolite ((E)-4-[(1,3-dimethyl-5-phenoxypyrazol-4-
yl)-methyleneamino oxymethyl benzoic acid (M-3)], all expressed as Fenpyroximate in or
on milk at 0.01 ppm; meat at 0.02 ppm; fat at 0.8 ppm; kidney at 0.5 ppm; liver at 0.5 ppm;and meat byproducts at 0.01 ppm of cattle, goats, hogs, horses and sheep.G/SPS/N/USA/769
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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 pests
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:   not applicable
9. Relevant documents and language(s) in which these are available:  DOCID: fr11jy03-55,
Federal Register: 11 July 2003 (Volume 68, Number 133) Page 41345-41349;
http://www.epa.gov/fedrgstr/EPA-PEST/2003/July/Day-11/p17617.htm (Available in
English)
10. Proposed date of adoption:  not applicable
11. Proposed date of entry into force:  not applicable
12. Final date for comments:  11 August 2003
Agency or authority designated to handl e comments:  [ X ] National notification
authority, [   ] National enquiry point, or address, fax number and E-mail address (ifavailable) 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-2003-0145" 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:
Ms. Roseanne Freese, US Department of Agriculture, Stop 1027, Washington, DC  20250.
Tel (202) 690-1642, Roseanne.Freese@usda.gov