. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/780
30 July 2003
(03-4043)
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 pesticide Aspergillus flavus AF36 in or on the food/feed
commodity cotton, when the pesticide is used according to its label instructions as a pre-
bloom application
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:  Aspergillus flavus AF36;
Exemption from the Requirement of a Tolerance (Available in English, 6 pages)
6. Description of content:  This regulation establishes an exemption from the requirement of
a tolerance for residues of the microbial antifungal agent Aspergillus flavus AF36, a non-
aflatoxin-producing member of the naturally-occurring genus of fungi Aspergillus, in or on
the food/feed commodity cotton, when the pesticide is used according to its labelinstructions as a prebloom application.  The Interregional Research Project Number 4 (IR-
4), on behalf of the Arizona Cotton Research and Protection Council, 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.  The legacy docket for this case is OPP-2003-0020, which wasset up in connection with the Notice of Filing of this pesticide petition, 8E500.  It contains
the Federal Register Notice dated 14 February 2003, (68 FR 7554), which was published to
announce this petition, other relevant Federal Register documents associated with the
exemption from temporary tolerance which preceded this permanent exemption from
tolerance, and comments received in response to the publication of this petition.  Thisregulation eliminates the need to establish a maximum permissible level for residues of
Aspergillus flavus AF36 in or on cotton and its food/feed commodities.
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/780
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:   not applicable
9. Relevant documents and language(s) in which these are available:  DOCID: fr14jy03-8,
Federal Register: 14 July 2003 (Volume 68, Number 134) Page 41535-41541;
http://www.epa.gov/fedrgstr/EPA-PEST/2003/July/Day-14/p17726.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:  12 September 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-2003-0138" 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