. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/642
29 August 2002
(02-4625)
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):   Pesticide – sulfuric acid
4. Regions or countries likely to be affected, to the extent relevant or practicable:   Any
trading partners
5. Title, language and number of pages of the notified document:  Notice of Filing a
Pesticide Petition To Establish a Tolerance for a Certain Pesticide Chemical in or on Food -sulfuric acid (4 pages - English).
6. Description of content:  T his notice announces the initial filing of a pesticide petition
proposing the establishment of regulations for residues of a certain pesticide chemical in or
on various food commodities.
EPA has received a pesticide petition 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
amending an established exemption from the requirement of a tolerance for sulfuric acid in
40 CFR 180.1001(c).  Currently this tolerance exemption allows the use of sulfuric acid as
an inert ingredient for pre-harvest and post-harvest uses with a limitation of 0.1% in the
pesticide formulation when used as a pH contro l agent.  This petition proposes to increase
the limitation to 10% and to include a new use as a chelating agent.  This petition also
requests the establishment of an exemption from the requirement of a tolerance in plants
and plants products, meat, milk, poultry, eggs, fish, shellfish, and irrigated crops when it
results from the use of sulfuric acid as an inert ingredient in a pesticide product used in
irrigation conveyance systems and lakes, ponds, reservoirs, or bodies of water in which fishor shellfish are cultivated.  EPA has determined that the petition contains data or
information regarding the elements set forth in section 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 petition.  Additional data may be needed before EPA rules
on the petition.
7. Objective and rationale:  [  X ] food safety, [   ] animal health, [   ] plant protection,
[   ] protect humans from animal/plant pest or disease,  [   ]  protect territory from other
damage from pestsG/SPS/N/USA/642
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:
9. Relevant documents and language(s ) in which these are available:   67 FR 54203,
21 August 2002.  Available in English.
10. Proposed date of adoption:   To be determined.
11. Proposed date of entry into force:   To be determined.
12. Final date for comments:   Comments must be received by EPA on or before
20 September 2002.
Agency or authority designated to handle comments:  [   ] National notification
authority, [   ] National enquiry point, or address, fax number and E-mail address (if
available) of other body:   Environmental Protection Agency.
Detailed instructions 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 13.
13. 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
USDA/FAS/FSTSD
ATTN: Carolyn F. Wilson
Room 5545 South Agriculture Building
Stop 1027
1400 Independence Avenue, S.W.Washington, D.C. 20250
Phone (202) 720-2239
Fax (202) 690-0677
E-mail Address: fstsd@fas.usda.gov