Page:United States Statutes at Large Volume 112 Part 5.djvu/277

This page needs to be proofread.


PUBLIC LAW 105-324—OCT. 30, 1998 112 STAT. 3035 Public Law 105-324 105th Congress An Act To amend the Federal Food, Drug, and Cosmetic Act to clarify the circumstances in which a substance is considered to be a pesticide chemical for purposes of such Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as Technical Corrections Act of 1998". the "Antimicrobial Regulation SEC. 2. DEFINITION OF PESTICIDE CHEMICAL UNDER FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) IN GENERAL.—Section 201(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)) is amended by striking "(q)(l)" and all that follows through the end of subparagraph (1) and inserting the following: "(q)(l)(A) Except as provided in clause (B), the term 'pesticide chemical' means any substance that is a pesticide within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act, including all active and inert ingredients of such pesticide. Notwithstanding any other provision of law, the term 'pesticide' within such meaning includes ethylene oxide and propylene oxide when such substances are applied on food. "(B) In the case of the use, with respect to food, of a substance described in clause (A) to prevent, destroy, repel, or mitigate microorganisms (including bacteria, viruses, fungi, protozoa, algae, and slime), the following applies for purposes of clause (A): "(i) The definition in such clause for the term 'pesticide chemical' does not include the substance if the substance is applied for such use on food, or the substance is included for such use in water that comes into contact with the food, in the preparing, packing, or holding of the food for commercial purposes. The substance is not excluded under this subclause from such definition if the substance is ethylene oxide or propylene oxide, and is applied for such use on food. The substance is not so excluded if the substance is applied for such use on a raw agricultural commodity, or the substance is included for such use in water that comes into contact with the commodity, as follows: "(I) The substance is applied in the field. "(II) The substance is applied at a treatment facility where raw agricultural commodities are the only food treated, and the treatment is in a manner that does not change the status of the food as a raw agricultural commodity Oct. 30, 1998 [H.R. 4679] Antimicrobial Regulation Technical Corrections Act of 1998. 21 USC 301 note.