Pub. L. 104-170, tit. IV, sec. 402
DEFINITIONS.
SEC. 402. DEFINITIONS. (a) Section 20l(q).— Section 201(q) (21 U.S.C. 321(q)) is amended to read as follows: “(q) (l) 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. “(2) The term ‘pesticide chemical residue’ means a residue in or on raw agricultural commodity or processed food of— “(A) a pesticide chemical; or “(B) any other added substance that is present on or in the commodity or food primarily as a result of the metabolism or other degradation of a pesticide chemical. “(3) Notwithstanding paragraphs (1) and (2), the Administrator may by regulation except a substance from the definition of ‘pesticide chemical’ or ‘pesticide chemical residue’ if— “(A) its occurrence as a residue on or in a raw agricultural commodity or processed food is attributable primarily to natural causes or to human activities not involving the use of any substances for a pesticidal purpose in the production, storage, processing, or transportation of any raw agricultural commodity or processed food; and “(B) the Administrator, after consultation with the Secretary, determines that the substance more appropriately should be regulated under one or more provisions of this Act other than sections 402(a)(2)(B) and 408.”. (b) Section 20 1(s).— Paragraphs (1) and (2) of section 201(s) (21 U.S.C. 321(s)) are amended to read as follows: “(1) a pesticide chemical residue in or on a raw agricultural commodity or processed food; or “(2) a pesticide chemical; or”. (c) Section 201.— Section 201 (21 U.S.C. 321) is amended by adding at the end the following: “(gg) The term ‘processed food’ means any food other than a raw agricultural commodity and includes any raw agricultural 110 STAT. 1514commodity that has been subject to processing, such as canning, cooking, freezing, dehydration, or milling. “(hh) The term ‘Administrator’ means the Administrator of the United States Environmental Protection Agency.”.