. /.   WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/1482 
18 December 2006 
 (06-6035) 
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):   Food packaging.  
4. Regions or countries likely to be affected, to the extent relevant or practicable:  Any 
US trade partners. 
5. Title, language and number of pages of the notified document:  Final rule.  Pesticides; 
Food Packaging Treated with a Pesticide (Available in English;  3 pages). 
6. Description of content:  This rule exempts from the definitions of "pesticide chemical" and 
"pesticide chemical residue" under federal la w food packaging (e.g. paper and paperboard, 
coatings, adhesives, and polymers) that is treat ed with a pesticide.  It seeks to clarify a 
jurisdictional concern between the US Environmental Protection Agency and the US Food 
and Drug Administration.  As a result, such i ngredients in food packaging treated with a 
pesticide are exempt from regulation as pestic ide chemical residues.  However, these 
ingredients are subject to regulation by the FDA as food additives section 409 of the Federal Food Drug and Cosmetics Act. 
It is important to understand that this rule only applies to a very small subset of food 
packaging materials:  pesticide-treated food pack aging that is distributed or sold with the 
purpose of controlling pests.  Food packaging that is not distributed or sold to control pests 
is not a pesticide and is not subject to this rule. 
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,  [ X ] None 
If an international standard, guideline or recommendation exists, give the appropriate 
reference and briefly identify deviations:   G/SPS/N/USA/1482 
Page 2  
 
  9. Relevant documents and language(s) in which these are available:  [Federal Register: 
6 December 2006 (Volume 71, Number 234)] [R ules and Regulations] [Page 70667-70670].  
Available in English. http://www.epa.gov/fedrgstr/EPA-PEST/2006/December/Day-06/p20270.htm 
10. Proposed date of adoption:  N/A. 
11. Proposed date of entry into force:  5 February 2007.  
12. Final date for comments:  Comments must be received on or before 5 February 2007. 
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:  Registration Division (7505P), 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:  
United States SPS National Notification Authority, USDA Foreign Agricultural Service, 
International Regulations and Standards Di vision (IRSD), Stop 1027, Washington D.C. 
20250.  Tel:  202-720-1301;  Fax:  2 02-690-0677;  Email:  fstsd@fas.usda.gov