. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/409
2 April 2001
(01-1646)
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 may be provided in addition, whereapplicable).  Regions or countries likely to be affected, to the extent relevant or
practicable:  Pesticides
4. Title and number of pages of the notified document:  Notice of Filing Pesticide Petitions
to Establish Tolerances for a Certain Pesticide Chemical in or on Food - Fenbuconazole
(7 pages)
5. Description of content:  This notice announces the initial filing of pesticide petitions
proposing the establishment of regulations for residues of a certain pesticide chemical in or
on various food commodities.
EPA has received amended pesticide petitions proposing pursuant to section 408(d) of the
FFDCA, 21 U.S.C. 346a(d), to amend 40 CFR part 180 by making permanent the
time-limited tolerances for the combined residues of fenbuconazole (alpha-(2-
(4-chlorophenyl)- ethyl)-alpha-phenyl-3-(1H-1,2,4-triazole)- 1-propanenitrile) and its
metabolites cis- and trans-5- (4-chlorophenyl)-dihydro-3-phenyl-3-(1H-1,2,4-
triazole-1-ylmethyl)-2-3H-furanone in or on the raw agricultural commodities (RACs) stone
fruits (except plums and prunes) at 2.0 parts per million (ppm), pecans at 0.1 ppm, and
bananas at (0.3 ppm).  EPA has determined that the request contains data or informationregarding the elements set forth in secti on 408(d)(2) of the FFDCA; however, EPA has not
fully evaluated the sufficiency of the submitted data at this time or whether the data support
granting of the petitions. Additional data may be needed before EPA rules on the petition.
6. Objective and rationale: [  X ] food safety,  [     ] animal health,  [     ] plant protection,
[    ] protect humans from animal/plant pest or disease, [     ] protect territory from
other damage from pests           
7. An international standard, guideline or recommendation does not exist [     ].
If an international standard, guideline or recommendation exists, give the appropriate
reference and briefly identify deviations:  There are currently no Codex maximum
residue limits (MRLs) for fenbuconazole, but the fenbuconazole data base was evaluated by
the World Health Organization (WHO) and th e Food and Agriculture Organization (FAO)
expert panels at the Joint Meeting on Pesticide Residues (JMPR) in September 1997. An
allowable daily intake (ADI; also called RfD) of 0.03 mg/kg/day and a total of 32 Codex
MRLs were proposed in the JMPR report.G/SPS/N/USA/409
Page 2
8. Relevant documents and language(s) in which these are available:  66 FR 16226,
23 March 2001 (Available in English)
9. Proposed date of adoption:  To be determined.
10. Proposed date of entry into force:  To be determined.
11. Final date for comments:  23 April 2001
Agency or authority designated to handle comments:  Environmental Protection Agency
[    ] National notification authority, [     ] National enquiry point, or address, fax
number and E-mail address (if available) of other body:  Detailed instruction on where
and how to send comments is in the body of the full text - which will be sent upon request
to the address in paragraph 12.
12. Texts available from: [  X ] National notification authority, [  X ] National enquiry point
or address, fax number and E-mail address (if available) of other body:
United States SPS Enquiry Point/Notification Authority
Attn:  Carolyn F. Wilson
Room 5545 South Agriculture Building
Stop 1027
1400 Independence Avenue, S.W.
Washington, D.C.20250Tel:  (202) 720-2239
Fax:  (202) 690-0677
E-mail:  ofsts@fas.usda.gov