THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
"04 J/J] 30 
7 :53 
First Regular Session 
SENATE 
S. No. 
: 
I 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
The Constitution, Article 11, 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. 
MANUEL B. VIqLAR, JR. 


THRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
s. No. - 
592 
.. 
- 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
~~ 
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." 
Section 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. 
Section 3. Definition of Terms. As used in this Act, the following terms shall mean: 
(a) "Pesticide Chemical" means- 
(1) (A) any substance or mixture of substances intended for preventing, destroying, 
repelling, or mitigating any pest, and 
(B) any substance or mixture of substances intended for used as a plant regulator, 
defoliant or dessicant: 
(2) (A) in the case of a pesticide other than a plant regulator, defoliant, or dessicant, an 
ingredient 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 the product thereof: 
(C) in the case of a desiccant an ingredient which will artificially accelerate the dying of 
plant tissue. 
(b) "Defoliant" means any substance or mixture of substances intended for causing the leaves or 
foliage to drop from a plant with or without causing abscission. 
(c) "Desiccant" means any substance or mixture of substances intended for artificially 
accelerating the drying 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 pesticide chemical regardless of whether the residence may 
be detected. 
(e) "Processed Food" means any food that has been subject to processing from a raw agricultural 
commodity. 
(f) "Administrator" means the Administrator of the National Food Authority. 
(g) "Secretary" means the Secretary of Aqculture 
ARTICLE I1 
TOLERANCE AND EXEMPTION FOR PESTICIDE CHEMICAL RESIDUES 
Section 4. Requirements for Tolerance or Exemption 
(a) General Rule - Any pesticide chemical residue shall be deemed unsafe unless-- 
is within the limits of such tolerance: or 
(1) a tolerance for such residue is in effect under this Act and the quantity of such residue 
(2) an exemption for such residue is in effect under this Act and such residue complies 
with such exemption. 
(b) Effect of a Tolerance or Exemption - While a tolerance or exemption from the requirement 
for a tolerance is in effect under this section for a pesticide chemical residue with respect to any 
food, such food shall not by reason of bearing or containing any amount of such residue be 
considered to be adulterated if such food complies with such tolerance or exemption. 
Section 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 Article LTI, Section 22; or 
(2) on the initiative of Administrator under Article III, Section 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 si purchased at retail; and 
(3) After the food is processed. 
Section 6. Standard for Tolerance - (a) General Rule - 


(1) a tolerance may be established for a pesticide chemical residue only if the risk to 
human health from dietary exposure to the pesticide chemical residue is negligbe; and 
(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. 
Section 7. Tolerances Level - If the administrator in 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 in 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. 
Section 8. Tolerances, Threshold Pesticides. Considerations. The level described in Section 7 
shall be based 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 data about the pesticide chemical 
residue; 
(c) the variability of individual sensitivities and 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. 
Section 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 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 level 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. 
Section 10. Tolerances Non-threshold 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 of if 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 chemical 
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 in accordance with good manufacturing practice. 


Section 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 be the level of exposure that would occur if-- 
(b) consider the exposure to be the level of exposure that would occur if-- 
(1) all the food, for which the tolerance for the pesticide chemical residue is proposed or 
in effect has amounts of the pesticide chemical residue equal to the 
(a) Date - The Administrator may calculate dietary exposure to a food based on reliable 
data that provide the Administrator with a valid statistical basis to identify the percentage of the 
food in which the pesticide chemical residue actually occurs. 
(b) Percentage - Such percentage shall be 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 the determination under this Act 
every 2 years after the date of 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. 
Section 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; 
(d) 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 pesticide chemical residue. 


Section 14. Tolerances. Unvoidable 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 unavoidably 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 tolerance is necessary so that the 
tolerance provides only for the level of the pesticide chemical that is unavoidable. 
Section 15. Tolerances Practical Method of Analysis 
(a) General Rule - A tolerance for a pesticide chemical residue shall not be established 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, practicaI method. 
(b) Special Rule - If the Administrator determines that a practical method of analysis for a 
pesticide chemical residue in not available the Administrator shall identify the best available 
method that is designed to identi@ 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 multiresidue method that can be performed by the Secretary on a routine basis as part of 
surveillance and compliance sampling of foods for pesticide chemical residue 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. 
Section 16. Tolerances. Consistent Application. The Administrator shall issue guidelines for the 
consistent application of the requirements in Sections 6 to 15. 
Section 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-- 
(1) in response to a petition filed under Section 22; or 
(b) Expiration Date - Such a regulation may provide for an expiration date for the exemption. 
Section 18. Exemption 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 presents no risk to human health, 
including the health of individuals in the population groups set out in Section 13 from dietary 
exposure to 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 fi-om dietary exposure to such residue. 


(c) Tolerance - No exemption may be established or allowed to remain in effect for a pesticide 
chemical residue for which there is in effect a tolerance. 
Section 19. Exemptions Exposure For purposes of Section 18, in determining dietary exposure to 
a pesticide chemical residue the Administrator 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 the tolerance level occurs for a 
period equal to a lifetime. 
Section 20. Exemptions Practical Methods of Analysis An Exemption for a pesticide chemical 
residue shall not be established or allowed to remain 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 that such method is the 
best available practical. method as defined in Section 15. 
Section 2 1. Exemptions Consistent Application The Administrator shall issue guidelines 
providing for the consistent application of the requirements in Section ‘7 to 20. 
ARTICLE III 
PETITIONS AND ACTION ON THE INITIATIVE OF THE ADMINISTRATOR 
Section 22 General Rule for Petitions. Any persons may file with the Administrator a petition 
proposing the issuance of a regulation establishing, modifymg, or revoking a tolerance or 
exemption for a pesticide chemical residue. 
Section 23 Requirements for Petitions to Establish a Tolerance Exemption 
(a) Contents - A petition under Section 22 to establish a tolerance or exemption for a pesticide 
chemical 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 to any tolerance or exemption already 
granted for such residue that would result if the requested tolerance or exemption were granted; 


(2) a proposed tolerance for such residue, if a tolerance is proposed; 
(3) the name chemical identify and composition of the pesticide chemical that produces such 
residue. 
(4) reports of tests 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 
investigations; 
(5) data showing the amount, frequency, method, and time of application of such pesticide 
chemical. 
(6) reports of tests and investigations made with respect to the nature and amount of the pesticide 
chemical residue that is likely to remain in or on food when ready for sale to consumers 
including a description of the analytical method used; 
(7) a description of methods for detecting and measuring the levels of such pesticide chemical 
residue in or on the food, which methods meet the requirements of Sections 15 and 21 
(8) reports of investigations conducted on the effect of processing methods used to produce food 
on the level and identity of such pesticide chemical residue. 
(9) if the petition is for a pesticide chemical residue that is described in effect the pesticide 
chemical involved is intended to have the quantity of the pesticide chemical residue required to 
accomplish such effects; and 
(1 0) such other data and information (including a sample of the pesticide chemical form which 
the pesticide chemical residue is derived) as the Administrator may require to support the 
petition. 
(b) 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 or data. 
Section 24 Actions on Petitions Notice 
(a) In General - Within 45 days of the filling of a 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 petition 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. 


Section 25. Action - The Administrator shall within 270 days of the publication of a notice under 
Section 24 (a) with re.spect 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) issue a proposed regulation establishing a tolerance or exemption for the pesticide chemical 
residue which tolerance or exemption is different from the tolerance or exemption requested in 
the petition; or 
(c) issue an order denying the petition 
Section 26 Actions on Petition, Modification or Revocation 
(a) Notice - Within 45 days 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 within 270 days of the 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 modifymg 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 an order denying the petition 
Section 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. 
Section 28. Actions on Petition, Priorities. The Administrator shall give priority to petitions for 
the establishment of' a tolerance for a pesticide chemical residue that appeard 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. 
Section 29. Actions on Petitions Action 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 the final regulation. 


Section 30 Actions on Petition Effective Date 
(a) General Rule - Except as provided in paragraph (b), a final regulation issued under Sections 
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 the effective day of the regulation to permit the 
tolerance or exemption to remain in effect at the level in effect immediately before such 
regulation is 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 under Sections 24,25,26,27,28 and 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 during 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 
of food. 
Section 3 1. Actions on Petitions 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 Section 
6 to 15 and Section 18, 19 and 20; or 
(2) the data contained in the petition are insufficient requirements of Sections 6 to 15 or 
Section 18, 19 and 20 or the requirements of Section 23. 
(b) Action by Admhistrator - 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-- 


(A) the existing tolerance or exemption; or 
(B) a new tolerance or exemption for such residue, that meets the standard prescribed by 
Section 6 to 15 or Sections 18, 19 and 20. 
Section 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. 
Section 34 Action on Petition. Special Data Requirements Extension of Request 
(a) 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. 
(b) Grant of Request - The Administrator may grant such a request only if-- 
(1) the person submitting the request notified the Administrator pursuant to Section 32(a) 
in compliance with the deadline established under Section 32(c); and 
(2) the Administrator finds that extraordinary circumstances beyond the control of such 
person prevented such persons from submitting the required data. 
(c) Extension - If the Administrator issues an order extending a deadline-- 
(1) the Administrator may extend the deadline for a period no longer that such times as is 
necessary for such person to submit the data; and 
(2) the Administrator shall establish a new deadline in accordance with Section 32(d) 
(d) Delay - If a tolerance or exemption is revoked under Section 3 1 (b)( l), the Administrator may 
delay the effective date under Section 30(b) 
(e) 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 
289 with respect to the tolerance or exemption for the pesticide chemical residue for which the 
data 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. 
Section 35 Confidentially 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 
response to the petition unless disclosure of such data is required by Section 24(a((B) or Section 
36 is allowed by Section 35. 
Section 36 Confidential 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 subcommittee of such House to the 
extent of matter within the jurisdiction 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 employee 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 of 
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. 
Section 37 Access to Data in Support of Petition, General Rule 
(a) Public Access - If data in support of a 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 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. 
(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. 
Section 38 Access to Data in Support of Petition Restriction 
(a) Affirmation - Data referred to in Section 37 may be made available only to a 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, or 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 recklessly 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. 


Section 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 public before the decision of the Administrator on 
the petition for which 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. 
Section 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 removed 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 take for use in developing comments on the petition. Such comments 
on the petition shall be filed within 60 days after the decision of the Administrator granting 
access, unless the comment period is extended by the Administrator. 
Section 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. 
Section 42 Existing Pesticide Chemical Residues. Pesticide Chemical Residues Under 
Regulations establishing tolerances for pesticide chemical residues under this Article or 
exemptions for pesticide chemical residues under this Article on or before the date of lthe 
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. 
Section 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. 
Section 44 Generally Recognized as Safe Pesticide Chemical Residues, List Not later than 90 
days after 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 identify of such pesticide chemical; and 
(2) report to the Administrator the data that supports the claim that the pesticide chemical 
is so safe. 
Section 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 subject to modification or revocation under Sections 22 to 33. 
Section 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 Secretary shall give priority to foods that contain 
pesticide chemical residues included in a notice under paragraph (b). 
(b) Notification - The Administrator shall notifl 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. 
Section 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 this 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. 
Section 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 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. 
Section 49 Judicial Review, 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 Section 18, 19 
and 20 and interpreted by the guidelines issued under Section 16 or 2 1. 


(c) Burden of Proof. In any such proceeding the Administrator shall have the burden of proof on 
all issues. 
Section 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. 
Section 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 111 
EVALUATION OF EXISTING PERSTICIDE CHEMICAL RESIDUE TOLERANCES 
AND EXEMPTIONS 
Section 52. Evaluation. Within 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. 
Section 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 1 year of the date of such finding, 
modify or revoke the tolerance. 
Section 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 
requirement, the Administrator shall establish a schedule for the submission of data in 
accordance with the prescribed requirements. 
Section 55. Insufficient Data, Determinations The Administrator shall-- 
(a) within 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; 
(b) within 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. 


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(c) within 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 
' 
(d) within 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 1V 
REVIEW OF EXISTING METHODS OF ANALYSIS 
Section 56. Procedure 
(a) Determination - Within 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 identifylng 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 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. 
Section 57 Fees. The Administrator shall by regulation require the payment of such fees as well 
in the aggregate in the judge of the Administrator, sufficiently supplement over a reasonable term 
to provide, equip, and maintain an adequate system for the implementation of this Act. 
Section 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. 
Section 59 Repealing Clause. Any law, presidential decree, or issuance, 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. 
Section 60. Effectivity Clause. This Act shall take effect then (15) days after the publication in at 
least two (2) newspapers of general circulation. 
Approved,