106
be modified or revoked as if it had been issued under sub-
section (c).
‘‘(l) HARMONIZATION WITH ACTION UNDER OTHER
LAWS.—
‘‘(1) COORDINATION WITH FIFRA.—To the ex-
tent practicable and consistent with the review dead-
lines in subsection (q), in issuing a final rule under
this subsection that suspends or revokes a tolerance
or exemption for a pesticide chemical residue in or
on food, the Administrator shall coordinate such ac-
tion with any related necessary action under the
Federal Insecticide, Fungicide, and Rodenticide Act.
‘‘(2) REVOCATION OF TOLERANCE OR EXEMP-
TION
FOLLOWING
CANCELLATION
OF
ASSOCIATED
REGISTRATIONS.—If the Administrator, acting under
the Federal Insecticide, Fungicide, and Rodenticide
Act, cancels the registration of each pesticide that
contains a particular pesticide chemical and that is
labeled for use on a particular food, or requires that
the registration of each such pesticide be modified to
prohibit its use in connection with the production,
storage, or transportation of such food, due in whole
or in part to dietary risks to humans posed by resi-
dues of that pesticide chemical on that food, the Ad-
ministrator shall revoke any tolerance or exemption
107
that allows the presence of the pesticide chemical, or
any pesticide chemical residue that results from its
use, in or on that food. Subsection (e) shall apply to
actions taken under this paragraph. A revocation
under this paragraph shall become effective not later
than 180 days after—
‘‘(A) the date by which each such cancella-
tion of a registration has become effective; or
‘‘(B) the date on which the use of the can-
celed pesticide becomes unlawful under the
terms of the cancellation, whichever is later.
‘‘(3) SUSPENSION OF TOLERANCE OR EXEMP-
TION FOLLOWING SUSPENSION OF ASSOCIATED REG-
ISTRATIONS.—
‘‘(A) SUSPENSION.—If the Administrator,
acting under the Federal Insecticide, Fungicide,
and Rodenticide Act, suspends the use of each
registered pesticide that contains a particular
pesticide chemical and that is labeled for use on
a particular food, due in whole or in part to die-
tary risks to humans posed by residues of that
pesticide chemical on that food, the Adminis-
trator shall suspend any tolerance or exemption
that allows the presence of the pesticide chemi-
cal, or any pesticide chemical residue that re-
108
sults from its use, in or on that food. Sub-
section (e) shall apply to actions taken under
this paragraph. A suspension under this para-
graph shall become effective not later than 60
days after the date by which each such suspen-
sion of use has become effective.
‘‘(B) EFFECT OF SUSPENSION.—The sus-
pension of a tolerance or exemption under sub-
paragraph (A) shall be effective as long as the
use of each associated registration of a pesticide
is suspended under the Federal Insecticide,
Fungicide, and Rodenticide Act. While a sus-
pension of a tolerance or exemption is effective
the tolerance or exemption shall not be consid-
ered to be in effect. If the suspension of use of
the pesticide under that Act is terminated, leav-
ing the registration of the pesticide for such use
in effect under that Act, the Administrator
shall rescind any associated suspension of toler-
ance or exemption.
‘‘(4) TOLERANCES
FOR
UNAVOIDABLE
RESI-
DUES.—In connection with action taken under para-
graph (2) or (3), or with respect to pesticides whose
registrations were suspended or canceled prior to the
date of the enactment of this paragraph under the
109
Federal Insecticide, Fungicide, and Rodenticide Act,
if the Administrator determines that a residue of the
canceled or suspended pesticide chemical will un-
avoidably persist in the environment and thereby be
present in or on a food, the Administrator may es-
tablish a tolerance for the pesticide chemical residue.
In establishing such a tolerance, the Administrator
shall take into account both the factors set forth in
subsection (b)(2) and the unavoidability of the resi-
due. Subsection (e) shall apply to the establishment
of such tolerance. The Administrator shall review
any such tolerance periodically and modify it as nec-
essary so that it allows no greater level of the pes-
ticide chemical residue than is unavoidable.
‘‘(5) PESTICIDE
RESIDUES
RESULTING
FROM
LAWFUL
APPLICATION
OF
PESTICIDE.—Notwith-
standing any other provision of this Act, if a toler-
ance or exemption for a pesticide chemical residue in
or on a food has been revoked, suspended, or modi-
fied under this section, an article of that food shall
not be deemed unsafe solely because of the presence
of such pesticide chemical residue in or on such food
if it is shown to the satisfaction of the Secretary
that—
110
‘‘(A) the residue is present as the result of
an application or use of a pesticide at a time
and in a manner that was lawful under the
Federal Insecticide, Fungicide, and Rodenticide
Act; and
‘‘(B) the residue does not exceed a level
that was authorized at the time of that applica-
tion or use to be present on the food under a
tolerance, exemption, food additive regulation,
or other sanction then in effect under this Act;
unless, in the case of any tolerance or exemption re-
voked, suspended, or modified under this subsection
or subsection (d) or (e), the Administrator has is-
sued a determination that consumption of the legally
treated food during the period of its likely availabil-
ity in commerce will pose an unreasonable dietary
risk.
‘‘(6) TOLERANCE
FOR
USE
OF
PESTICIDES
UNDER AN EMERGENCY EXEMPTION.—If the Admin-
istrator grants an exemption under section 18 of the
Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136p) for a pesticide chemical, the Admin-
istrator shall establish a tolerance or exemption from
the requirement for a tolerance for the pesticide
chemical residue. Such a tolerance or exemption
111
from a tolerance shall have an expiration date. The
Administrator may establish such a tolerance or ex-
emption without providing notice or a period for
comment on the tolerance or exemption. The Admin-
istrator shall promulgate regulations within 365
days after the date of the enactment of this para-
graph governing the establishment of tolerances and
exemptions under this paragraph. Such regulations
shall be consistent with the safety standard under
subsections (b)(2) and (c)(2) and with section 18 of
the Federal Insecticide, Fungicide, and Rodenticide
Act.
‘‘(m) FEES.—
‘‘(1) AMOUNT.—The Administrator shall by
regulation require the payment of such fees as will
in the aggregate, in the judgment of the Adminis-
trator, be sufficient over a reasonable term to pro-
vide, equip, and maintain an adequate service for the
performance of the Administrator’s functions under
this section. Under the regulations, the performance
of the Administrator’s services or other functions
under this section, including—
‘‘(A) the acceptance for filing of a petition
submitted under subsection (d);
112
‘‘(B) establishing, modifying, leaving in ef-
fect, or revoking a tolerance or establishing,
modifying, leaving in effect, or revoking an ex-
emption from the requirement for a tolerance
under this section;
‘‘(C) the acceptance for filing of objections
under subsection (g); or
‘‘(D) the certification and filing in court of
a transcript of the proceedings and the record
under subsection (h);
may be conditioned upon the payment of such fees.
The regulations may further provide for waiver or
refund of fees in whole or in part when in the judg-
ment of the Administrator such a waiver or refund
is equitable and not contrary to the purposes of this
subsection.
‘‘(2) DEPOSIT.—All fees collected under para-
graph (1) shall be deposited in the Reregistration
and Expedited Processing Fund created by section
4(k) of the Federal Insecticide, Fungicide, and
Rodenticide Act. Such fees shall be available to the
Administrator, without fiscal year limitation, for the
performance of the Administrator’s services or func-
tions as specified in paragraph (1).
‘‘(n) NATIONAL UNIFORMITY OF TOLERANCES.—