. /.  WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/1126 
3 October 2005 
 (05-4388) 
Committee on Sanitary a nd 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):  Citrus, fruit, almond; almond, hulls; a pple; cattle, fat; ca ttle, kidney; cattle, 
liver; cattle, meat byproducts, except kidney and liver; cattle, meat; citrus, dried pulp; fruit, 
citrus; goat, fat; goat, kidney; goat, liver; goa t, meat byproducts, except kidney and liver; 
goat, meat; hog, fat; hog, kidney; hog, liver; hog, meat byproducts, except kidney and liver; hog, meat; hop; hop, dried cone; horse, fat;  horse, kidney; horse, liver; horse, meat 
byproducts, except kidney and liver; horse, meat; milk, fat (=N in whole milk); nectarine; 
nut, macadamia; peach; pear; plum, prune, dried; plum, prune, fresh; sheep, fat; sheep, kidney; sheep, liver; sheep, meat byproducts, except kidney and liver; sheep, meat; strawberry; and walnut 
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:  FINAL RULE; 
Cyhexatin; Tolerance Actions (A vailable in English, 3 pages)  
6. Description of content:  EPA is revoking all existing tolerances for residues of the 
insecticide/acaricide cyhexatin. EPA canceled f ood use registrations for cyhexatin in 1989. 
Currently, EPA determined that acute dietar y risks from use of cyhexatin on commodities 
for which import tolerances exist exceed the Agen cy's level of concern.  However, EPA also 
determined that if the only cyhexatin toleran ce is for orange juice, there is a reasonable 
certainty that no harm to any population s ubgroup will result from exposure to cyhexatin 
treated oranges. 
EPA is also establishing, concurrent with the revocation of the citrus fruit group tolerance, 
an individual time-limited tolerance on orange juice.  EPA establishes a tolerance for fruit, 
citrus at 2 parts per million (ppm), a tolera nce on orange juice should be established at 
0.1 ppm.  EPA is establishing an individual tim e-limited tolerance for combined residues of 
cyhexatin and its organotin metabolites (calculate d as cyhexatin) in orange, juice at 0.1 ppm 
with an expiration/revocation da te of 13 June 2009; i.e., th e time-limited tolerance will be 
established for a period of 4 years from the TRED  completion date of 13 June 2005 in order 
to allow sufficient time for the Agency to i ssue a data call-in request, the manufacturers to 
submit the needed data, and for the Agency to re view it.  After reviewing the available data, 
EPA will decide whether there is sufficient data  to support the orange juice tolerance as a 
permanent one.  If the requisite information is not submitted, EPA may issue an order G/SPS/N/USA/1126 
Page 2  
 
 revoking the tolerance at issue or allow the ti me-limited tolerance to expire.  Without a 
tolerance or exemption, food containing pestic ide residues is considered to be unsafe and 
therefore adulterated. Such food may not be distributed in interstate commerce (21 U.S.C. 
331(a)).  Food-use pesticides not registered in  the United States must have tolerances in 
order for commodities treated with those pes ticides to be imported into the United States.  
7. Objective and rationale: [ X ] food safety,  [   ] animal health,  [ X ] plant protection, 
[ X ] protect humans from animal/plant pest or disease, [   ] protect territory from 
other damage from pests   
8. International standard, guideline or recommendation: 
[   ] Codex Alimentarius Commission,  [   ] World Organization for Animal Health 
(OIE), [   ] International Plant Protection Convention,  [   ] 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:  Federal Register: 
21 September 2005 (Volume 70, Number 182)] [Page 55269-55272] 
http://www.epa.gov/fedrgstr/EPA-PEST/ 2005/September/Day-21/p18581.htm  (Available in 
English)  
10. Proposed date of adoption:   
11. Proposed date of entry into force:  This regulation is effe ctive 21 September 2005. 
Objections and requests for hearings must be received on or before 21 November 2005.  
12. Final date for comments:  Comments must be received on or before 14 November 2005 
identified by docket ID number OPP-200 5-0160.  
Agency or authority designated to handle comments:  [   ] National notification 
authority, [ X°] National enquiry point, or  address, fax number and E-mail address (if 
available) of other body:   Special Review and Reregistration Division (7508C), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001.  
13. Texts available from:  [ X ] National notifi cation authority, [   ] National enquiry 
point, or address, fax number and E-mail address (if available) of other body:   
Ms. Julie Morin, United States SPS National Notification Authority, USDA Foreign 
Agricultural Service, Food Safety & Technical Services Division, Stop 1027, Washington D.C. 20250. Tel:  202-720-4051; Fax:  202-690-0677; E-mail:  fstsd@usda.gov