. /.WORLD TRADE
ORGANIZATIONG/SPS/N/USA/208
7 January 2000
(00-0063)
Committee on Sanitary and Phytosanitary Measures Original:  English
NOTIFICATION
1. Member to Agreement notifying:  UNITED STATES
If applicable, name of local government involved:           
2. Agency responsible:  Environmental Protection Agency - EPA
3. Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers may be provided in addition, whereapplicable).  Regions or countries likely to be affected, to the extent relevant or
practicable:  Pesticides
4. Title and number of pages of the notified document: Notice of filing pesticide petitions
to establish an exemption from the requirement of a tolerance for the biochemical pesticide
phosphorous acid (4 pages)
5. Description of content: This notice announces the initial filing of a pesticide petition
proposing the establishment of regulations for residues of certain pesticide chemicals in
or on various food. EPA has received a pesticide petition proposing, pursuant to section
408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), toamend 40 CFR part 180 to establish an exemption from the requirement of a tolerance
for the biochemical pesticide phosphorous acid.    Pursuant to section 408(d)(2)(A)(i) of
the FFDCA, as amended, the petitioner has submitted a summary of information in
support of their pesticide petition. This summary was prepared by the petitioner and EPA
has not fully evaluated the merits of the pesticide petition. The summary may have been
edited by EPA if the terminology used was unclear, the summary contained extraneous
material, or the summary unintentionally made the reader conclude that the findingsreflected EPA's position and not the position of the petitioner. The petitioner has applied
for registrations of two products containing phosphorous acid as the sole active
ingredient (a.i). One product, Phosphorous Acid Technical, is a manufacturing-use
product containing the a.i at 71%. This product is intended for use in formulating
fungicidal products for application to terr estrial food crops. The other product, Agri-Phos
Agricultural Fungicide, is an end-use product containing the 56.2% mono- and dibasic
sodium, potassium and ammonium salts of phosphorous acid (36.3% phosphorous acid).
This product is a fungicide intended for application to terrestrial food crops, i.e.,
avocado, Brassica crops, caneberry, citrus, curcubit crops, ginseng, grape, hops, leafy
vegetables, onions (dry bulb), pineapple, pome fruit, strawberry, and tomato.
6. Objective and rationale: [  X ] food safety,  [     ] animal health,  [     ] plant protection,
[    ] protect humans from animal/plant pest or disease, [     ] protect territory from
other damage from pests           G/SPS/N/USA/208
Page 2
7. An international standard, guideline or recommendation does not exist [    ].
If an international standard, guideline or recommendation exists, give the appropriate
reference and briefly identify deviations: No maximum residue levels (MRLs) have been
established for phosphorous acid by th e Codex Alimentarius Commission (CODEX).
8. Relevant documents and language(s) in which these are available:  64 FR 70255,
16 December 1999 (Available in English)
9. Proposed date of adoption:  To be determined.
10. Proposed date of entry into force:  To be determined.
11. Final date for comments:  18 January 2000
Agency or authority designated to handle comments:  [     ] National notification
authority, [     ] National enquiry point, or address, fax number and E-mail address (if
available) of other body:  Environmental Protection Agency
Detailed instruction on where and how to send comments is in the body of the full text -
which will be sent upon request to the address in paragraph 12.
12. Texts available from: [  X ] National notification authority, [  X ] National enquiry point
or address, fax number and E-mail address (if available) of other body:
United States SPS Enquiry Point/Notification Authority
USDA/FAS/FSTSD
ATTN: Carolyn F. Wilson
Room 5545 South Agriculture BuildingStop 1027
1400 Independence Avenue, S.W.
Washington, D.C. 20250
Phone (202) 720-2239
Fax (202) 690-0677E-mail Address: ofsts@fas.usda.gov