. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/831
20 November 2003
(03-6199)
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 product Aspergillus flavus AF36 containing a
new active ingredient
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:  Pesticide Product
Registrations;  Conditional Approval (available in English, 2 pages).
6. Description of content:  This notice announces Agency approval of an application
submitted by Interregional Research Project Number 4 (IR-4), New Jersey Agricultural
Experiment Station, Technology Center, on be half of the Arizona Cotton Research and
Protection Council to conditionally register the pesticide product Aspergillus flavus AF36
containing a new active ingredient not included in any previously registered productspursuant to the provisions of section 3(c)(7)(C) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended.
A conditional registration may be granted under section 3(c)(7)(C) of FIFRA for a
new active ingredient where certain data are lacking, on condition that such data are
received by the end of the conditional registration period and do not meet or exceed the riskcriteria set forth in 40 CFR 154.7;  that use of the pesticide during the conditional
registration period will not cause unreasonable adverse effects; and that use of the pesticide
is in the public interest.  The Agency has considered the available data on the risks
associated with the proposed use of Aspergillus flavus AF36, and information on social,
economic, and environmental benefits to be derived from such use.  Specifically, theAgency has considered the nature and its pattern of use, application methods and rates, and
level and extent of potential exposure. Based on these reviews, the Agency was able to
make basic health and safety determinations which show that use of Aspergillus flavus
AF36, during the period of conditional registration will not cause any unreasonable adverse
effect on the environment, and that use of the pesticide is, in the public interest.
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/831
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:fr16oc03-73,
Federal Register:  16 October 2003 (Volume 68, Number 200) Page 59613-59615;
http://www.epa.gov/fedrgstr/EPA-PEST/2003/October/Day-16/p26195.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:  Not applicable
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-2003-0323" 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. Julie Morin, United States SPS Enquiry Point Officer, USDA Foreign Agricultural
Service, Food Safety and Technical Services Division, Stop 1027, Washington, DC 20250.
Tel:  (202) 720-4051, Fax:  (202) 720-7772, Email:  fstsd@fas.usda.gov