FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 653 
) 
) 
) 
.i 
r~f~{~f; ~V~f) ff\- ' 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
- . 
EXPLANATORY NOTE 
" 
The Constitution, under Article II Section 15 provides that, "The State shall 
protect and promote the right to health of the people and instill health 
consciousness among them." 
There is no law that regulates the use of pesticide chemicals on food despite the 
hazardous effects pesticide chemicals may have on the food we consume. In 
accordance with the above-quoted constitutional mandate, this bill provides for a 
method whereby the State regulates the use of pesticide chemicals on food. 
Considering the foregoing, the early passage of this proposed measure is 
earnestly solicited. 
Senator 


, 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENATE 
Senate Bill No. 
G 5 3 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO REGULATE PESTICIDE CHEMICAL RESIDUES IN FOOD 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I 
PRELIMINARY PROVISIONS 
SECTION 1. Short Title. This Act may be cited as the "Pesticide Food 
Safety Act'. 
SEC. 2. Declaration of Policy. It is the policy of the State to protect and 
promote the right to health of the people and instill health consciousness among 
them. To this end, the State shall regulate the usage of pesticide chemicals in 
the processing of food. 
shall 
mean: 
SEC. 3. Definition of Terms. As used in this Act, the following terms 
(A) "Pesticide Chemical" means-
(1) (a) any substance or mixture of substances intended for preventing, 
destroying, repelling, br mitigating any pest; and 
(b) any substance or mixture of substances intended for use as a 
plant regulator, defoliant or desiccant; 
(2) (a) in the case of a pesticide other than a plant regulator, defoliant, or 
dessicant, an ingredie~t which will prevent, destroy, repel, or mitigate 
any pest; 
(b) in the case of a plant regulator, an ingredient which, through 
physiological action, will accelerate or retard the rate of growth or rate 
of maturation or otherwise alter the behavior of ornamental or crop 
plants or he product thereof; 


(c) in the case of a defoliant, an ingredient which will cause the leaves 
or foliage to drop from a plant; and 
(d) in the case of a desiccant, and ingredient which will artificially 
accelerate the dying of plant tissue. 
(8) "Defoliant" means any substance or mixture of substances ir)tended 
for causing the laves or foliage to drop from a plant, with or~'!Vithout 
causing abscission; 
(C) "Desiccant" means any substance or mixture of substances intended 
for artificially accelerating the dying of plant tissues; 
(D) "Pesticide Chemical Residue" means a residue in or on food of-
(1) any pesticide chemical; or 
(2) any other substance that is present in the commodity or food as 
a result of the metabolism or other degradation of a pesticide 
chemical, regardless of whether the residue may be defected. 
(E) "Processed Food" means any food that has been subjected to 
processing from a raw agricultural commodity; 
(F) "Administrator" means the Administrator of the National Food 
Authority; 
(G) "Secretary" means the Secretary of Agriculture. 
ARTICLE II 
TOLERANCE AND EXEMPTION FOR PESTICIDE CHEMICAL RESIDUE 
SEC. 4. Requirement for Tolerance or Exemption. -
(a) 
General Rule - Any pesticide chemical residue shall be deemed 
unsafe unless -
1) a tolerance for such residue is in effect under this Act and 
the quantity of such residue is within the limits of such 
tolerance; and, 
2) an exemption for such residue is in effect under this Act and 
exemption such residue complies with such exemption. 
(b) 
Effect of a Tolerance or Exemption - While a tolerance or from the 
requirement for a tolerance is in effect under this section for a 
pesticide chemical residue with respect to any food shall not by 
reason of bearing or containing any amount of such residue be 
considered to be adulterated if such residue on such food complies 
with such tolerance or exemption. 
SEC 5. Tolerances. -


, 
(a) 
Authority -
In General -
The Administrator may promulgate 
regulations establishing, modifying, or revoking a tolerance for a 
pesticide chemical residue 
(1) in response to a petition filed under Articfe III, Section 22; or 
>' 
(2) on the initiative of the Administrator under Article III, Secfibn 29. 
(b) 
Expiration Date - A regulation under this paragraph may provide for 
an expiration date for the tolerance. 
(c) 
Separate Tolerances - The Administrator may establish a separate 
tolerance under subparagraph (a) for a pesticide chemical residue 
with respect to food. at each of the following times: 
(1) At the time the food is harvested; 
(2) At the time the food is purchased at retail; and 
(3) After the food is processed. 
SEC. 6. Standard for Tolerance. -
(a) General Rule -
(1) 
a tolerance may be established for a pesticide chemical 
residue shall be revoked or modified unless the risk to 
human health from dietary exposure to the pesticide 
chemical residue is negligible; 
(2) 
the tolerance for a pesticide chemical residue shall be 
revoked or modified unless the risk to human health from 
dietary exposure to the pesticide chemical residue is 
negligible. 
(b) Negligible Risk - For 'purposes of this paragraph. a risk to,'human 
health from dietary exposure to a pesticide chemical reSidue is 
negligible only if dietary exposure to the residue is reasonably certain 
to cause no harm to human health and the tolerance for such residue 
meets the requirements of safety. 
SEC. 7. Tolerances Level. If the Administrator is able to identify a level 
at which a pesticide chemical residue will not cause or contribute to any known or 
anticipated harm to human health, the Administrator may establish or leave on 
effect a level for a tolerance for such residue only if the Administrator finds that 
such tolerance will provide an ample margin of safety, for each population group 
set out ·in Section 13. 
SEC. 8. Tolerances, Threshold Pesticides, Considerations. The level 
described in Section 7 shall be tlased on consideration of -
" 
(a) 
the nature of the toxic effects caused by such residue and 
data regarding the prevalence of the same effects caused by 
other chemicals; 


(b) 
the validity, completeness, and the reliability of the datp about 
the pesticide chemical residue;, _ 
" 
(c) 
the variability of individual sensitivities and the sensitivities of 
population subgroups to the adverse effects from such 
residue; and 
(d) 
the possibility that human susceptibility to such adverse 
effects is significantly greater than that of test animals. 
SEC. 9. Tolerances, Threshold Pesticides, Margin of Safety. A margin 
of safety for a level of a pesticide chemical residue is not ample unless human 
exposure per unit of body measurement to the pesticide chemical residue and 
other chemicals that cause the same effect, is at least one hundred (100) times 
less than the no observable effect level in animals on which the pesticide 
chemical residue was tested, and, if human data are available, at least 10 times 
less than the no observable effect is the level of exposure to a pesticide chemical 
that reliable data derived from exposure of humans or animals to the pesticide 
chemical, demonstrate will cause .no adverse effect. 
SEC. 10. Tolerances, Nonthreshold Pesticides. If the Administrator is 
not able to identify a level at which a pesticide chemical residue will not cause or 
contribute to any known or anticipated harm to human health or of the 
Administrator finds that a pesticide chemical residue causes cancer in animals or 
humans, the Administrator may establish a level in effect for such residue only if 
the Administrator finds that such level -
(a) 
will not cause or' contribute to, in individuals exposed to such 
pesticide chemicals residue, a lifetime risk of an adverse human 
health effect that occurs at a rate of one in a million or a risk of an 
adverse human health effect that occurs at a rate ·'of one 
conservative risk assessment models; 
'\ 
(b) 
is the lowest level reasonably required to allow the accomplishment 
of the physical or other technical effect for which the use of the 
pesticide chemical residue is removed to the extent possible is 
accordance with good manufacturing practice. 
SEC. 11. Tolerances, Exposure. Except as provided in Section 12, in 
determining dietary exposure to a pesticide chemical residue, the Administrator 
shall-
(a)(1) use only reliable statistically significant data regarding the dietary 
exposure to persons who have consumed the food for which the tolerance 
for the residue is proposed or is in effect; 
(2) take into account all other tolerances in effect for the same pesticide 
chemical residue; and 
(3) take into account all other sources (including drinking water if data 
demonstrating widespread or significant regional contamination in drinking 
water are available) of dietary exposure to the same pesticide chemical 
residue; and 


(b) consider the exposure to be the level of exposure that would occur if 
(1) all food for which the tolerance for the pesticide chemical residue is 
proposed or in effect, has amounts of the pesticide chemical residue equal 
to he tolerance proposed or in effect; 
(2) all other sources of dietary exposure to such residue described in 
clause (a)(3) occur; and 
, 
(3) human exposure to the pesticide chemical residue at the tolerance 
level occurs for a period to a lifetime. 
SEC. 12. Tolerances, Special Exposure Rule.-
(a) 
Data - Administrator may calculate dietary exposure tO~(:1 food 
based on reliable data that provide the Administrator which a valid 
statistical basis to Identify the percentage of the food in which the 
pesticide chemical residue actually occurs. 
(b) 
Percentage - Such percentage shall not less than the percentage of 
the food consumed in an appropriate locality, identified by the 
Administrator, which percentage represents the highest level of 
exposure to such residue in the Philippines. 
(c) 
Reevaluation - The Administrator shall reevaluate he determination 
under this Act every 2 years after the determination. If, under such 
a reevaluation, the Administrator finds that the determination is not 
justified, the Administrator shall promptly issue a regulation 
requiring that the tolerance involved be set on the basis of the new 
determination. 
. 
SEC. 13. Tolerances, Population Covered. In determining if the dietary 
exposure to a pesticide chemical residue is negligible, the Administrator shall 
evaluate the risk to -
(a) infants of the age 0 to 1; 
(b) children of the age 1 to 2; 
(c) children of the age 2 to 3; 
(d) children of the age 3 to 4; 
(e) children of the age 4 to 5; 
(f) children of the age 6 to 10; 
(g) other population groups that have been identified by the Administrator 
to have special food consumption patterns or for which data are 
sufficient to demonstrate special food consumption patterns; and 
(h) the entire population, who consume food with such chemical residue. 


SEC. 14. Tolerances, Unavoidable Persistence. 
If a tolerance or an 
exemption from the requirement for a tolerance for a pesticide chemical is 
revoked and the Administrator finds the pesticide chemical residue will 
unavoidable persist in the environment and contaminate food, the Administrator 
shall establish a new tolerance under Section 29 for the pesticide chemical 
residue. The level permitted by the tolerance shall not be greater than the lowest 
level that permits only such unavoidable levels to remain in food. The 
Administrator shall evaluate any such tolerance at least once a year to determine 
whether modification of such tG>lerance is necessary so that the tolerance 
provides only for he level of the pesticide chemical residue that is unavoidable. 
SEC. 15. Tolerances, Practical Method of Analysis.-
" 
(a) 
General Rule - A tolerance for a pesticide chemical residue 
shall not be establish or allowed to remain in effect unless the 
Administrator determines, after consultation with the Secretary, 
that -
(1) 
there is a method for detecting and measuring the levels of 
such pesticide chemical residue in or on a food that will 
detect the residue at the level established by the tolerance; 
and, 
(2) 
except as provided in clause (b), such method is the best 
available, practical method. 
(b) 
Special Rule - If the Administrator determines that a practical 
method of analysis for a pesticide chemical residue"is not 
available, the Administrator shall identify the best available 
method that is designed to identify the lowest detectable 
amount of the pesticide chemical residue. The Administrator 
shall, every 2 years after the date of the determination under 
this paragraph, reevaluate the determination. 
(c) 
Practical Method - A method shall be considered practical for 
purposes of this Act only if it is a multi-residue method that can 
be performed by the Secretary on a routine basis as part of 
surveillance and compliance sampling of foods for pesticide 
chemical residues with the personnel, equipment, and other 
resources available to the Secretary, or, if no multiresidue 
method is available, only if it can be so performed by the 
Secretary. 
SEC. 16. Tolerances, Consistent Application. The Administrator shall 
issue guidelines providing for the consistent application of the requirements in 
Sections 6 to 15. 
SEC. 17. Exemptions, Authority.-
(a) 
In General - The Administrator may promulgate regulations 
establishing or revoking an exemption from the requirement 
for a tolerance for a pesticide chemical residue in response 
to a petition filed under Section 22; 


(b) 
Expiration Date - Such a regulation may provide for an 
expiration date for the exemption. 
SEC. 18. Exemptions, Standard, Authority and Risk Standard. -
(a) 
Establishment - An exemption may be established for a 
pesticide chemical residue if such residue is not a human or 
animal carcinogen and otherwise present no risk to, human 
health, including the health of individuals in the population 
groups set out in Section 13 from dietary exposure t6 such 
residue. 
(b) 
Revocation - An exemption shall be revoked unless the 
residue is not a human or animal carcinogen and the residue 
does not present any risk to human health, including the health 
of individuals in the population groups set out in Section 13 
from dietary exposure to such residue. 
(c) 
Tolerance - No exemption nay be established or allowed to 
remain in effect for a pesticide chemical residue for which 
there is in effect a tolerance. 
SEC. 19. Exemptions, Exposure. 
For purposes of Section. 18, in 
determining dietary exposure to a pesticide chemical residue, the AdmiiJlstrator 
shall-
(a) 
use only reliable, statistically significant data regarding the 
dietary exposure resulting from the consumption of the food for 
which the exemption for such residue is proposed or is in 
effect; 
(b) 
take into account all other exemptions in effect for such 
residue and all other sources (including drinking water if data 
demonstrating 
widespread 
or 
significant 
regional 
contamination in drinking water are available) of dietary 
exposure to such residue; and 
(c) 
consider the exposure to be the level of exposure that would 
occur if-
(1) 
all the food, for which the tolerance for such residue is 
proposed or in Effect, has amounts of such residue 
equal 
to the tolerance 
proposed 
or in 
effect, 
respectively; 
(2) 
all other sources of dietary exposure to such residue 
described in paragraph (b) occur; and 
(3) 
human exposure to the pesticide chemical residue at 
he tolerance level occurs for a period equal to a 
lifetime. 
SEC. 20. Exemptions, Practical Methods of Analysis. An exemption to 
a pesticide chemical residue shall not be established or allowed to rem_ain in 
. , 


, 
effect unless the Administrator determines, after consultation with the Secretary, 
that there is a method for detecting and measuring the levels of such pesticide 
chemical residue on a food and t~at such method is the best available, practical 
method, as defined in Section 15. 
SEC. 21. Exemptions, Consistent Application. The Administra!'or shall 
issue guidelines providing for the consistent application of the requirem~nts in 
Sections 17 to 20. 
ARTICLE IV 
PETITIONS AND ACTION ON THE INITIATIVE OF THE ADMINISTRATOR 
SEC. 22. General Rule for Petitions. 
Any person may file with the 
Administrator a petition proposing the issuance of a regulation establishing, 
modifying, or revoking a tolerance or exemption for a pesticide chemical residue. 
SEC. 23. Requirements for Petitions to Established a Tolerance 
Exemption-
(A) 
Contents - A petition under Section 22 to established a toler~(fce or 
exemption for a pesticide chemical residue shall contain -
1) 
an information summary of the petition and of the data, information, 
and arguments submitted or cited in support of the petition, 
including -
a) a summary of the reports required under clause (4) respecting 
the safety of the. pesticide chemical residue; and 
b) a characterization of 
1. the exposure to the pesticide chemical residue 
due to any tolerance or exemption already granted 
for such residue; and 
2. the additional exposure to such residue thatwould 
result if he requested tolerance or exemption were 
granted; 
, 
2) 
a proposed tolerance for such residue, if a tolerance is proposed; 
3) 
the name, chemical identity, and composition of the pesticide 
chemical that produces such residue; 
4) 
reports of test and investigations made with respect to the safety of 
such pesticide chemical, including complete information as to the 
methods and controls used in conducting such tests and 
investigation; 
5) 
data showing the amount, frequency, method, and time of 
application of such pesticide chemical; 
. 
6) 
reports of test and investigations made with respect to the nature 
and amount of the pesticide chemical residue that is likely to remain 


• 
7) 
8) 
9) 
10) 
in or on food when ready for sale to consumers, including a 
description of the analytical methods used; 
a description of methods for detecting and measuring the I~vels of 
such pesticide chemical residue in or on the food, which mMhods 
meet the requirements of Section 15 and 21; 
reports of investigations conducted on the effects of processing 
methods used to produce food on the level and identity of such 
pesticide chemical residue; 
if the petition is for a pesticide chemical residue that is described in 
Sections 7, 8 and 9 all relevant data bearing on the physical or 
other technical effeCt the pesticide chemical involved is intended to 
have and the quantity of the pesticide chemical residue required to 
accomplish such effect; and 
such other data and information (including a sample of the pesticide 
chemical from which the pesticide chemical residue is derived) as 
the Administrator may require to support the petition. 
(8) 
Information Available to Administrator - If information or data required by 
this section are available to the Administrator, the person submitting the 
petition may, in lieu .of submitting the information or data, cite the 
availability of the information data. 
SEC. 24. Action on Petitions, Notice. -
(a) In General - Within forty five (45) days of the filing of the petition under 
Section 22 for the establishment of a tolerance or an exemption, the 
Administrator shall determine if the petition 
complies with the 
requirements of Section 23. If the Administrator finds requirements to be 
sufficiently complied with the Administrator shall publish a notice of the 
filing of the petition. If the Administrator determines that the petitipn does 
not comply with such requirements, the Administrator shall notify the 
petitioner of such determination. 
(b) Contents - A notice published under this section shall -
(1) 
announce the availability of a complete description of the analytical 
methods available to the Administrator for the detection and 
measurement of the pesticide chemical residue with respect to 
which the petition is filed; 
(2) 
include the summary required by Section 23 (a)(1); and 
(3) 
provide at least 30 days for comments on the petition. 
SEC. 25. Action. 
The Administrator shall within 270 days,' of the 
publication of a notice under Section 24 (a) with respect to a petition and after 
giving due consideration to the petition, any comments on the petition and any 
other information available to the Administrator-
(a) 
issue a final regulation in accordance with the petition establishing 
a tolerance or exemption for the pesticide chemical residue; 


• 
(b) 
(c) 
issue a proposed regulation establishing a tolerance or exemption 
for the pesticide chemical residue, which tolerance or exerTfption is 
different from the tolerance or exemption requested in the petition; 
or 
issue an order denying the petition. 
SEC. 26. Action on Petition, Modification or Revocation. -
(a) 
Notice. - Within forty five (45) days of the filing of a petition 
under Section 22 for the modification or revocation of a 
tolerance or exemption, the Administrator shall publish a notice 
of the filing of ,the petition. Such notice shall contain the full 
petition or a summary of the petition and shall provide at least 
30 days for comments on the petition. 
(b) 
Action - the Administrator shall 270 days of publication' of the 
notice under Section 24(a) and after giving due consideration to 
the petition, any comments on the petition, and any other 
information available to the Administrator-
(1) 
issue a final regulation in accordance with the petition 
modifying or revoking a tolerance or exemption for the 
pesticide chemical residue; 
(2) 
issue a proposed regulation modifying or revoking a 
tolerance or exemption for the pesticide chemical residue, 
which tolerance or exemption is different from the 
modification or revocation requested in the petition; or 
(3) 
issue and order denying the petition. 
SEC. 27. Actions on Petition Comments and Final Regulations. If the 
Administrator issues a proposed regulation under Section 25(b) or Section 
26(b)(2), the Administrator shall' allow at least 30 days for comments on such 
proposed regulations. 
The Administrator shall issue a final decision within 180 days of the date 
of the publication of the proposed regulations. 
SEC. 28. Action on Petition Priorities. 
The Administrator shall give 
priority to petitions for the establishment of a tolerance for a pesticide chemical 
residue that appears to pose a significantly lower risk to human health from 
dietary exposure than pesticide chemical residues that have tolerances in effect 
for the same or similar uses. 
' 
SEC. 29. Action on Petition on the Initiatives by the Administrator. -
,/ 
(a) 
General Rule·- Upon his own initiative, the Administrator may 
issue a final regulation establishing, modifying, or revoking a 
tolerance or exemption for a pesticide chemical residue; 


• 
(b) 
Notice - Before issuing a final regulation under paragraph (a), 
the Administrator shall issue a notice of proposed rulemaking 
and provide a period of not less than 30 days for public 
comment on the proposed regulation unless the Administrator 
finds that it would be contrary to the public interest to issue the 
notice and provide the period and States the reasons for the 
finding in the notice of final regulation. 
SEC. 30. Action on Petition Effective Date. -
(a) 
General Rule - Except as provided in paragraph (b), a final 
regulation issued under Section 24, 25, 26, 27, 28 and 29 shall 
take effect upon publication. 
(b) 
Delay -
(1) 
General Rule - If a regulation issued under Section 24, 
25,26,27,28 and 29 revokes or modifies a tolerance for 
a pesticide chemical residue or revokes an exemption 
for a pesticide chemical residue, the Administrator may, 
delay th~ effective day of the regulation to permit the 
tolerance or exemption to remain in effect at the level in 
effect immediately before such regulation in issued only-
(a) 
for foods that on the date of the publication 
of the regulation, contain such pesticide 
chemical residue in an amount that is not 
more than the amount that could legally be 
applied on the date the Administrator acted 
under Section 24,25, 26, 27, 28 i;lrd 29; 
and, 
(b) 
if dietary 
exposure 
to 
the 
pesticide 
chemical residue in or on the foods 
described 
in 
clause 
(A) 
meets 
the 
negligible risk standard prescribed by 
Section 6 under the period of delay of the 
effective date. 
(2) 
Period of Delay - If the Administrator finds that delay of 
the effective date of such a revocation or modification is 
consistent with the public health, the Administrator may 
delay such date under Section 5 for each type of food 
that contains such pesticide chemical residue, for the 
period that is required for such food to be ,'Sold to 
consumers in the course of the usual practice for 
persons' engaged 
in 
the 
production 
processing, 
transportation, storage, and distribution of the type of 
food. 
SEC. 31. Actions on Petition, Special Data Requirements. -
, 
(a) 
Determination of Inadequate Data - The Administrator shall 
take the action described in Sections 5 to 16 if a tolerance or 
exemption is in effect for a pesticide chemical residue and the 
Administrator determines that data contained in the petition, 


which had been submitted, under Section 22 for establishment 
of the tolerance or exemption under this Act are not adequate 
to support the continuation of such tolerance or exemption 
because -
(1) 
based on the data contained in the petition and other 
data available to the Administrator, the Administrator 
determines that dietary exposure to such pesticide 
chemical residue may present a risk to human health 
that is greater than the standard prescribed by Sections 
6 to 15 and Sections 18, 19 and 20; or 
(2) 
the data contained in the petition are insufficient 
requirements of Section 23 
(b) 
Action by Administrator - When the Administrator makes the 
determination described in paragraph (a) with respect to a 
tolerance or exemption for a pesticide chemical residue, the 
Administrator shall -
(1) 
within 30 days of a determination under Section 4, 
initiate an action under Section 29 to modify or revoke 
the tolerance or exemption so that the tolerance or 
exemption meets the standard prescribed by Sections 6 
to 15 or Sections 18, 19 and 20, and within 1 year of 
such determination issue a final regulation to complete 
such action; and 
. . \ 
(2) 
within 30 days of the date of a determination under 
Section 4(a)(2) require the submission of data to 
support r 
(a) the existing tolerance or exemption; or 
(b) a new tolerance or exemption for such residue that 
meets the standard prescribed by Sections 6 to 15 or 
Sections 18, 19 and 20. 
SEC. 32. Action on Petition, Special Data Requirements, Submission 
of Required Data. - When the Administrator requires the submission of data 
under Section 31 (b)(2), the Administrator shall publish an order-
(a) 
requiring one or more interested persons to notify the 
administrator that such person will submit the required data; 
(b) 
describing the, type of data required to be submitted; 
(c) 
describing the reports required to be made during and after the 
collection of the data; and 
(d) 
establishing deadlines for the actions described in paragraphs 
(a) and (c). 
SEC .. 33. Action on Petition, Special Data Requirements, Deadlines. 
Except as provided in Section 34, if an order is issued under Section 32 with 
, 


respect to a tolerance or exemption and a deadline in the order is not met, the 
tolerance or exemption is revoked, effective 45 days after the date the deadline is 
not met. Immediately after such deadline is not met, the administrator shall 
publish a notice of the revocation. 
SEC. 34. Action of Petition, Special Data Requirements, Extension of 
re~st 
. 
(a) 
(b) 
(1 ) 
(2) 
(c) 
(1 ) 
(2) 
(d) 
(e) 
" 
Request - Any person may request the Administrator to issue 
an order to extend the deadline established under Section 
32(d) before expiration of the deadline; 
Grant of Request - The Administrator may grant such a request 
only if-
the 
person 
submitting 
the 
request 
notified 
the 
Administrator pursuant to Section 32(a) in compliance 
with the deadline established under Section 32(c); and 
the Administrator finds that extraordinary circumstances 
beyond the control of such person prevented such 
persons from submitting the required data. 
Extension - If ,the administrator issues an order extenCling a 
deadline-
the Administrator may extend the deadline for a period 
no longer than such time as is necessary for such 
person to submit the data; and, 
the Administrator shall establish a new deadline in 
accordance with Section 32(d) 
Delay - If a tolerance or exemption is revoke under Section 
31(b)(1), the Administrator may delay the effective date under 
Section 30(b); 
Evaluation of Data - within 90 days of the date of the receipt of 
data under Section 32 the Administrator shall evaluate: such 
data and determine whether action is required under Section 29 
with respect to the tolerance or exemption, for the pesticide 
chemical residue for which the date were submitted so that 
such tolerance meets the negligible risk standard prescribed 
under Sections 6 to 15 or Sections 18, 19 and 20. If the 
Administrator determines that action under Section 29 is 
required, the Administrator shall complete such action within 1 
year of the date of such determination. 
SEC. 35. Confidentiality of Data. Data submitted to the Administrator in 
support of a petition under Section 22, which data have not previously been 
made available to the public without restriction, shall upon request of the 
petitioner, be considered as entitled to confidential treatment by the Administrator 
until publication of a regulation or order under Sections 24 to 28 in respbose to 
the petition unless disclosure of such data is required by Section 24 (a)(Z)\8) or 
Section 36 is allowed by Section 35. 


SEC. 36. Confidentiality of Data Disclosure. Data that are entitled to 
confidential treatment under Section 34 until publication of a regulation or order 
under Sections 24 to 28 may be revealed to -
(a) 
either House of Congress or any committee or sub-cornrnittee 
of such House to the extent of matter within the jurisdrc'tion of 
the committee or subcommittee; 
(b) 
any officer or employee of the State in connection with the 
official duties of such officer or employee under any law for the 
protection of health or the environment or for specific law 
enforcement purposes; or 
(c) 
any officer or employees of the State in connection with the 
official duties of such officer or employee under any law of the 
State for the protection of health or the environment or for 
specific law enforcement purposes; or 
(d) 
contractors with the State authorized by the Administrator to 
examine such data in the carrying out of contracts under such 
statutes under such security requirements as the Administrator 
may provide. 
'. 
SEC. 37. Access to Data in Support of Petition, General Rule. -
(a) 
Public Access - If data in support of a petition are submitted to 
the Administrator, the Administrator before acting on such 
petition, shall provide, in accordance with this subsection, 
public access to health and safety data that are submitted or 
cited in support of such petition. 
(b) 
Request - To obtain access to such data, a person shall, not 
later than thirty (30) days after the publication under Section 24 
of a notice of the filing of a petition, send by certified mail to the 
Administrator and to the petitioner a request for such'access 
and the affirmation required by Section 37. 
(c) 
Grant of Request. - The Administrator shall grant such request 
unless, within 15 days after the receipt by the Administrator of 
such request and affirmation, the petitioner submits to the 
Administrator' an objection to the request asserting that the 
affirmation is inaccurate and other reasons for the objection. 
(d) 
Objection. - If an objection to a request is submitted to the 
Administrator within such 15-day period, the Administrator 
shall resolve such objection within 5 days after receipt of the 
objection. If the Administrator determines to grant the request, 
access shall not be permitted until 5 days after the petitioner 
making the objection has been notified that access has been 
granted. 
(e) 
Denial of Request, - If access to data is denied, comments on 
the petition for which such data were submitted or cited shall 
be filed within 30 days after the decision of the Administrator 
denying access. 


SEC. 38. Access to Data In Support Of Petition, Restriction .• 
(a) 
Affirmation - Data referred to in Section 37 may be:'made 
available only to person who provides an affirmation (and such 
supporting evidence as the Administrator may require) that-
(1) 
States that the person is not engaged in, and is neither 
employed by, nor acting (directly or indirectly) on behalf 
of, any other person, or affiliate of, a person, engaged in 
the production, sale or distribution of a pesticide 
chemical; 
(2) 
identifies any business, employer of other person, if any, 
on whose behalf the person is requesting access to the 
data; and 
(3) 
States that the person will not intentionally or reQklessly 
violate this section. 
' 
(b) 
Affiliate - For' purposes of this paragraph, an affiliate of a 
person is a person who directly or indirectly, through one or 
more intermediaries controls or is controlled by or is under 
common control with the other person. 
SEC. 39. Access To Data In Support of Petition, Comments. -
(a) 
General Rule. - Data supporting a petition may be made 
available under Section 36 to a person only for the purpose of 
permitting the person to comment to the Administrator on such 
petition. 
Such 
comments 
may 
reasonably quote 
data 
submitted to the Administrator. No person, including the 
Administrator, may make such comments publicly before the 
decision of the Administrator on the petition for whie~: such 
data were submitted or after such decision if the petition is 
denied. 
(b) 
Restrictions. - A person who obtains data (directly or indirectly) 
under Section 36 may not publish, copy or transfer the data to 
any other person to obtain approval to sell, manufacture or 
distribute a pesticide chemical anywhere in the world. 
SEC. 40. Access to Data in Support of Petition, Procedure. -
(a) 
In General - Data made available under Section 36 may be 
examined at an office of the Department of Environment and 
Natural Resources or an appropriate State agency under the 
conditions prescribed by this Article and may not be removeci from 
such office. 
-
(b) 
Record - The Administrator shall maintain a record of the persons 
who inspect data. A copy of such record shall be sent on request to 
the person who submitted the data. 
(c) 
Basis for comments. - Once access to data supporting a petition is 
granted, the data may be examined and notes may be taken for 


· , 
use in developing comments on the petition. Such comments on 
the petition shall be filed within sixty (60) days after the decision of 
the Administrator granting access, unless the comment period is 
extended by the Administrator. 
SEC. 41. Access to Data After Decision. When the Administrator takes 
final action on a petition submitted under Section 22 or on the initiative of the 
Administrator under Section 29, the Administrator shall make available to the 
public the Administrative record of the decision, including the data relied upon for 
the decision. 
SEC. 42. Existing PesticIde Chemical Residues; Pesticides Cf/emical 
Residues Under Regulations. Regulations establishing tolerances for [1esticide 
chemical residues under this Article or exemptions for pesticide chemical 
residues under this Article on or before the date of the enactment of this Act shall 
be deemed to be tolerances or exemptions issued under this Act and shall be 
subject to modification or revocation under Sections 22 to 33. 
SEC. 43. Generally Recognized as Safe Pesticide Chemical Residues; 
General Rule. 
Pesticide chemical residues that do not have tolerances or 
exemptions from tolerances under this Act because the residues are generally 
recognized as safe under this Act shall, until the expiration of the period 
prescribed by Section 45, not be considered unsafe solely because the 
chemicals do not have such a tolerance or exemption. 
SEC. 44. Generally Recognized as Safe Pesticide Chemical Residues, 
List. Not later than ninety (90) days after the date of the enactment of this Act, 
the Administrator shall -
(a) 
publish a list of all pesticide chemical residues that the 
Administrator has determined are generally recognized on the 
day before the. date of the enactment of this Act, as safe under 
this Act; 
(b) 
require, by regulation, that any person who, before the date of 
the enactment of this Act, distributed in commerce as a 
pesticide chemical, a pesticide chemical that is not on the list 
described in paragraph (a), and that such person determined is 
generally recognized as safe under this Act, shall -
(1) 
report to the Administrator the identity of such pesticide 
chemical; and 
(2) 
report to the Administrator the data that supports the 
claim that the pesticide chemical is so safe. 
SEC. 45. Generally Recognized as Safe Pesticide Chemical Residues, 
Determination of the Administrator. 
Not later than 270 days after the 
enactment of this Act, the Administrator shall determine if each pesticide 
chemical reported to the Administrator in accordance with Section 44 is generally 
recognized as safe. If the Administrator determines, by order, that such pesticide 
chemical is generally recognized as safe, the residue of such pesticide chemical 


o 
" 
shall be considered a pesticide chemical residue subject to modification or 
revocation under Sections 22 to 33. 
SEC. 46. Food and Drug Administration Monitoring of Pesticide 
Chemical Residues. -
(a) 
Sampling. - The Secretary shall conduct surveillance and 
compliance sampling of food for pesticide chemical residues to 
determine if the pesticide chemical residues are in compliance 
with this Act. In carrying out this paragraph, the Secret"1ry shall 
give priority to foods that contain pesticide chemical residues 
included in a notice under paragraph (b). 
.', 
(b) 
Notification. - The Administrator shall notify the Secretary of the 
pesticide chemical residues that the Administrator determines, 
in the administration of this Section -
(1) are above the standard prescribed by Section 6; or 
(2) are not above such standard but that may under certain 
circumstances reach or exceed such standard. 
SEC. 47. Fees. The Administrator shall by regulation require the payment 
of such fees as will in the aggregate, in the judgment of the Administrator, be 
sufficient over a reasonable term to provide equip and maintain an adequate 
service for the performance of the functions of the Administrator under fhrs Act. 
Under such regulations, the performance of the services or other functions of the 
Administrator under this Section may be conditioned upon the payment of such 
fees. Such regulations may further provide that the continuation in effect of a 
tolerance or exemption shall be conditioned upon the payment of an annual fee 
and for waiver or refund of fees in whole or in part when, in the judgment of the 
Administrator, such waiver or refund is equitable and not contrary to the 
purposes of this Article. 
SEC. 48. Judicial Review. Any person (including a person without an 
economic interest) who may be adversely affected by a final regulation or order 
issued under Sections 24, 29, 33, 43, 44 and 45 may obtain judicial review of 
such regulation or order by filing a petition requesting that the regulation or order 
be set aside in whole or in part in the Court of Appeals within 60 days after 
publication of the regulation or order. 
SEC. 49. Judicial Review of Data. -
(a) 
In General - Any person (including a person without economic 
interest) may obtain judicial review, of the adequacy of the 
data made available by the Administrator under Section 41 to 
support the issuance of a tolerance or exemption for a 
pesticide chemical residue, by filing a petition for the review of 
data in the Court of Appeals. 
(b) 
Scope of Review - Review in a proceeding initiated under the 
preceding Section shall be limited to whether the data under 
review are adequate to demonstrate that the tolerance or 


..,. .' 
exemption supported by such data meets the standards 
required by Section 6 or Sections 18, 1 9 and 20 and 
interpreted by the guidelines issued under Section 16 or 21. 
(c) 
Burden of Proof - In any such proceeding the Administrator 
shall have the burden of proof on all issues. 
SEC. 50. Judicial Review, Court Responsibility. In any action _seeking 
judicial review of actions under this Act, the court shall have the principal 
responsibility for deciding issues of law. 
SEC. 51. Judicial Review, Attorney's Fees. Any petitioner who prevails 
in a proceeding brought under this Act shall be entitled to recover reasonable 
attorney's fees and expenses (including expert witness fees.) 
ARTICLE III 
EVALUATION OF EXISTING PESTICIDE CHEMICALS, RESIDUE 
TOLERANCES AND EXEMPTIONS 
SEC. 52. Evaluation. Within one (1) year of the date of the enactment of 
this Act, the Administrator shall, for each pesticide chemical residue that has a 
tolerance or exemption in effect, evaluate all available data with respect· to the 
safety of such pesticide chemical residue and the nature and amount of such 
residue remaining in or on foods and determine if -
(a) the tolerance or exemption meets the reqUirements under this Act; 
• 
(b) the tolerance or exemption does not meet such requirements; or (c) 
the data are insufficient to determine if the tolerance or exemption 
meets such requirements. 
SEC. 53. Sufficient Data. -
(a) 
Acceptable Risk Data - If, with respect to any pesticide 
chemical residue that is evaluated under Section., 4, the 
Administrator finds that data for the pesticide chemical-residue 
are sufficient to determine that the requirements for tolerance 
or exemption for the pesticide chemical residue are met, the 
Administrator shall publish such finding. 
(b) 
Unacceptable Risk Data. - If, with respect to any pesticide 
chemical residue that is evaluated under Section 52, the 
Administrator finds that data for the pesticide chemical residue 
are sufficient to determine that the tolerance or exemption for 
the pesticide chemical residue does not meet the required 
standard, the Administrator shall, within one (1) year of the 
date of such finding, modify or revoke the tolerance. 
SEC 54. Insufficient Data, General Rule, Submission of Data. 
If, with 
respect to any pesticide chemical residue that is evaluated under Section\52, the 
Administrator determines that the data are insufficient to determine whether the 


, . ' 
tolerance or exemption meets the prescribed requirements, the Administrator 
shall establish a schedule for the submission of data in accordance with the 
prescribed requirements. 
SEC. 55. Insufficient Data, Determinations. The Administrator shaU -
(a) 
(b) 
(c) 
(d) 
" 
within two (2) years of the date of the enactment of this Act, 
make such a determination respecting a tolerance or 
exemption standard for at least 30 percent of the tolerances or 
exemptions in effect for pesticide chemical residues in 
existence on such date; 
within four (4) years of the date of the enactment of this Act, 
make such a determination for at least 60 percent of the 
tolerances or exemptions in effect for pesticide chemical 
residues in existence on such date; 
within six (6) years of the date of the enactment of this Act, 
make such a determination for at least 90 percent of the 
tolerances or exemptions in effect for pesticide chemical 
residues in existence on such date; and 
within seven (7) years of the date of the enactment of this Act, 
make such a determination for 100 percent of the tolerances or 
exemptions in effect for pesticide chemical residues in 
existence on such date. 
ARTICLE IV 
REVIEW OF EXISTING METHODS OF ANALYSIS 
SEC. 56. Procedure -
(a) 
Determination - Within one hundred eighty (180) days of the 
date of the enactment of this Act, the Administrator shall 
determine, for each method of detecting and measuring,:levels 
of pesticide chemical residues, whether the prescribed 
requirements have been met. 
(b) 
Notice - The Administrator shall issue a notice identifying each 
pesticide chemical for which there is such a method that does 
not meet such requirements. Any such method that does not 
meet such requirements within three (3) years of the date of 
the issuance of the notice. 
(c) 
Revocation - If upon the expiration of such 3-year period, a 
method does not meet such requirements, then any tolerance 
or exemption in effect for the pesticide chemical residue 
subject to such method shall be considered revoked. 
SEC. 57. Fees. - The Administrator shall by regulation require the 
payment of such fees as will in the aggregate judgment of the Administrator, 
sufficiently supplement over a reasonable term to provide, equip and maintain an 
adequate system for the implementation of this Act. 


· 
' ' 
SEC. 58. Separability Clause. If any provision, or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
.' 
SEC. 59. Repealing Clause. Any law, presidential decree or issuances, 
executive order, letter of instruction, administrative order, rule or regUlation 
contrary to or inconsistent with the provisions of this Act is hereby repealed, 
modified or amended accordingly.' 
SEC. 60. Effectivity Clause. This Act shall take effect fifteen (15) days 
after the publication in at least two (2) newspapers of general circulation. 
Approved,