. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/525
11 December 2001
(01-6272)
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
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 a Pesticide Petition
to Establish a (exemption from) Tolerance for Certain Pesticide Chemicals in or on Food -
Pelargonic acid nonanoic acid and decanoic acid (4 pages)
5. Description of content:  This notice announces the initial filing of a pesticide petition
proposing the establishment of regulations for residues of certain pesticide chemicals 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 to
establish an exemption from the requirement of a tolerance for pelargonic acid nonanoic
acid in or on the raw agricultural commodity, in processed commodities, and in or on meat
and meat byproducts of cattle, sheep, hogs, goats, horses, and poultry, milk, and dairy
products, eggs, seafood, and shellfish, and fruits and vegetables when such residues results
from the use of pelargonic acid as a component of a food contact surface sanitizing solution
for use in food handling establishments.  The request is for unlimited clearance.  EPA hasdetermined 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 supports granting of the petition.
Additional data may be needed before EPA rules on the petition.
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 to
establish an exemption from the requirement of a tolerance for decanoic acid in or on the
raw agricultural commodity, in processed commodities, and in or on meat and meat by-
products of cattle, sheep, hogs, goats, horses, and poultry, milk, and dairy products, eggs,
seafood, and shellfish, and fruits and vegetables when such residues results from the use ofdecanoic acid as a component of a food contact surface sanitizing solution for use in food
handling establishments.  The request is for unlimited clearance.  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 supports granting of the petition.  Additionaldata may be needed before EPA rules on the petition.G/SPS/N/USA/525
Page 2
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 [  X ].
If an international standard, guideline or recommendation exists, give the appropriate
reference and briefly identify deviations:  No Codex Maximum Residue Levels have
been established for residues of these compounds.
8. Relevant documents and language(s) in which these are available:  66 FR 63534,
7 December 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:  Comments must be received on or before 7 January 2002.
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 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 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
USDA/FAS/FSTSD
ATTN:  Carolyn F. WilsonRoom 5545 South Agriculture Building
Stop 1027
1400 Independence Avenue, S.W.
Washington, D.C. 20250
Tel:   (202) 720-2239Fax:  (202) 690-0677
E-mail:  ofsts@fas.usda.gov