. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/414
4 April 2001
(01-1695)
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, where
applicable).  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 a Tolerance for a Certain Pesticide Chemical in or on Food - Biochemical
pesticide aminoethoxyvinylglycine (AVG) (4 pages)
5. Description of content:  This 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 request from a current petitioner referencing an earlier pesticide
petition, (transferred from the earlier petitioner) proposing pursuant to section 408(d) of theFFDCA, 21 U.S.C. 346a(d), to amend 40 CFR 180.502 by establishing permanent
tolerances for residues of the biochemical pesticide aminoethoxyvinylglycine (AVG) in or
on the food commodities apples and pears at 0.08 part per million (ppm).  EPA issued a
final rule, published in the Federal Register of 7 May 1997, which announced that it
established time-limited tolerances for residues of the plant regulator AVG in or on the food
commodities apples and pears at 0.08 ppm, with an expiration date of 1 April 2001.  A
correction to this rule was published in the Federal Register of 29 October 1997, whichannounced the correction of the reference dose (RfD) appearing on page 24836, column
three, third full paragraph, line 11, from "0.0002" to "0.002".  Because of a then-existing
data gap, all initial tolerances were time-limited.  The time limitation was established to
provide sufficient time for the development and review of additional data, specifically a rat
2-generation reproduction study. The petitioner submitted such a study on27 September  1999.  Pursuant to section 408(d)(2)(A)(i) of the FFDCA, as amended, the
petitioner submitted a summary of information, data, and arguments in support of their
pesticide petition which was published in the Federal Register of 20  February  1997.
EPA has not republished the summary of information initially submitted by the original
petitioner  and published in the 20 February 1997 Federal Register, except where EPAbelieves such information would be helpful in understanding the new data.  The current
petitioner is, however, relying on the previously submitted information in addition to the
new data summarized in the full text in sup port of this pesticide petition to establish
permanent tolerances.  EPA will take into account all available data when giving due
consideration to the current petition.  Pursua nt to section 408(d)(2)(A)(i) of the FFDCA,G/SPS/N/USA/414
Page 2
as amended, the petitioner has submitted the summary of new information, data, and
arguments in support of their pesticide petition.  The summary was prepared by the
petitioner and EPA has not fully evaluated the merits of the pesticide petition.  The
summary may have been edited by EPA if the terminology used was unclear, the summary
contained extraneous material, or the summary unintentionally made the reader concludethat the findings reflected EPA's position and not the position of the petitioner.
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 Codex residue limits for residues of
the biochemical pesticide aminoethoxyvinylglycine (AVG).
8. Relevant documents and language(s) in which these are available:  66 FR 16931,
28 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:  27 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 requestto 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 10271400 Independence Avenue, S.W.
Washington, D.C.20250
Tel:  (202) 720-2239
Fax:  (202) 690-0677
E-mail:  ofsts@fas.usda.gov