[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR180.12]

[Page 326-327]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 180_TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE CHEMICALS 
IN FOOD--Table of Contents
 
                    Subpart B_Procedural Regulations
 
Sec. 180.12  Procedure for advisory committee.

    (a) The Administrator shall submit to the chairman of the committee 
the petition for tolerances, together with certification by the 
Administrator and such other relevant, reliable information as may be 
available. When the Administrator submits a proposal to an advisory 
committee, he shall inform the petitioner and furnish him with copies of 
material other than the petition and certification that is furnished the 
committee. The chairman of the

[[Page 327]]

committee shall acknowledge receipt of the information and readiness of 
the committee to act. The date of receipt of such information shall be 
considered the beginning of the period allowed for consideration by the 
committee. Copy of this acknowledgement shall be forwarded to the 
petitioner by the chairman of the committee.
    (b) A secretariat to advisory committees will be established by the 
Administrator. The secretariat shall furnish members of the committee 
with copies of the proposal or petition, certification from the 
Administrator, and any data received by the chairman. If the chairman of 
the committee believes that a meeting of the committee is necessary 
before making a recommendation, he shall so advise the Administrator. 
Such meetings shall be held in Washington, DC, or such other place as 
the Administrator may designate. The Administrator shall furnish a 
suitable meeting place for the committee. If a meeting is held, the 
secretariat shall keep the minutes and provide clerical assistance.
    (c) As soon as practicable, but not later than 60 days after receipt 
of proposal or petition (unless the time has been extended as provided 
in paragraph (d) of this section), the chairman shall certify to the 
Administrator the report of the committee, including any minority 
report, and shall return the petition for tolerances and the 
certification. The report will include copies of all relevant material 
considered by the committee, except that in the case of scientific 
literature readily available in scientific libraries proper reference 
may be made to it instead of furnishing actual copies. The report of the 
advisory committee shall be available for inspection by any interested 
person after a tolerance or exemption resulting from the petition is 
published.
    (d) If at any time within 60 days, the chairman believes that the 
advisory committee needs more time, he shall so inform the Administrator 
in writing, in which case he shall make the certification contemplated 
by section 408(d)(3) of the act within the additional 30 days.
    (e) The date of receipt of the committee report will be the date for 
computing time for the Administrator to act for the purposes of both 
sections 408 (d)(3) and (e).
    (f) The chairman of the committee, after consultation with the 
committee members, will inform the National Academy of Sciences of the 
committee's opinion as to the member who may best represent the 
committee at a hearing, if one occurs.
    (g) More than one petition or proposal may be handled by a committee 
concurrently.
    (h) Persons authorized under section 408(h) to discuss proposals or 
petitions with the committee shall notify the chairman and if 
practicable make appointments through him. The report of the committee 
shall show the names of persons other than committee members discussing 
proposals or petitions with the committee. Except for discussions with 
authorized persons the committee shall not disclose data originating 
with a petitioner prior to publication of a regulation.

 Adoption of Tolerance on Initiative of Administrator or on Request of 
Interested Persons; Judicial Review; Temporary Tolerances; Amendment and 
                       Repeal of Tolerances; Fees