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EPA Must Justify Pesticide Tolerance Levels: 9th Circ.

Law360 (September 22, 2008, 12:00 AM EDT) -- A federal appeals court has ordered the U.S. Environmental Protection Agency to explain why it set pesticide tolerance levels without giving special consideration to risks posed to infants and children, as mandated by the Food Quality Protection Act.

On Friday, the U.S. Court of Appeals for the Ninth Circuit remanded the EPA's ruling on the acceptable levels of residual pesticide found in common food items for three pesticides — acetamiprid, pymetrozine and mepiquat.

The EPA failed to justify why it deviated from the federally mandated “tenfold...
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