NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
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. 
RUFUS B. RODRIGUEZ 
January 11, 2023
6:18 pm
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NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
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. 
SEC 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 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
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 defoliant, an ingredient which will cause the leaves or foliage to
drop from a plant; and
(d) 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 dying of plant tissues;
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(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 detected. 
 
(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 Article III, Section 22; or 
 
(2) on the initiative of the 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 is purchased at retail; and 
 
(3) After the food is processed. 
 
SEC 6. Standard for Tolerance. – 


(a) General Rule – 
 
(1) 
a tolerance may established for a pesticide chemical residue; 
 
(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 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 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 leveI 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, and 
demonstrate to 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 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, 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 in 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 the 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 – 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 not be 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 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 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 residue 
that is unavoidable. 


 
SEC 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, 
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 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 from 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. 
SEC 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. 
 
SEC 20. Exemptions, Practical Methods of Analysis.  An exemption to 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. 
 
SEC 21. Exemptions, Consistent Application.  The Administrator shall issue guidelines 
providing for the consistent application of the requirements 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 Establish a Tolerance Exemption – 
(A) 
Contents - A petition under Section 22 to establish a tolerance 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 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 identity, 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 methods 
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 effects 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 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 
10) 
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. 
(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 data. 
 
SEC 24. Action on Petitions, Notice. - 
(a) In General - Within forty five (45) days from 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, he 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 . 
 
SEC 25. Action.  The Administrator shall within 270 days from the publication of a notice under 
Section 24 (a) with respect to a petition and after giving due consideration to the petition, any 
comment 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. 
 
SEC 26. Action on Petition, Modification or Revocation. – 
(a) 
Notice. - Within forty five (45) days from 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 within 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 state the 
reasons for the finding in the notice of final regulation. 
 
SEC 30. Action on Petition, Effectivity 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 Sections 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 effectivity date 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 acted 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 
under the period of delay of the effectivity date. 
(2) 
Period of Delay - If the Administrator finds that delay of the 
effectivity 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 the 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 –  
(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 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 
than such time 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 31(b)(1), the 
Administrator may delay the effectivity date under Section 30(b); 
(e) 
Evaluation of Data - within 90 days from 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 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. 
 
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 response to the petition unless disclosure of such data is required by Section 24 (a)(Z)(B) 
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-committee 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 of the State for the protection of 
health or the environment or for specific law enforcement purposes; or 
(c) 
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 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. 
 
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 
submit comments on such petition to the Administrator. 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 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. 
 
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 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 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 Chemical Residues Under 
Regulations.  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 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 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 
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 Secretary 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 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. 
 
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, 19 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 from 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 shall - 
(a) 
within two (2) years from 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 four (4) years from 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; 
(c) 
within six (6) years from 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 seven (7) years from 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 from 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 
shall comply with the requirements within three (3) years from 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,