pesticides food packaging treated with a pesticide 4 pages in english . this proposed rule would except from the definitions of pesticide chemical and pesticide chemical residue under ffdca section 201 q food packaging e.g. paper and paperboard coatings adhesives and polymers that is treated with a pesticide as defined in the federal insecticide fungicide and rodenticide act fifra section 2 u . as a result such ingredients in food packaging treated with a pesticide would be exempt from regulation under ffdca section 408 as pesticide chemical residues. further a food that bears or contains such ingredients would not be subject to enforcement by the food and drug administration fda under section 402 a 2 b of the ffdca since the ingredients would no longer be pesticide chemical residues. instead such ingredients would be subject to regulation by the fda as food additives under ffdca section 409. fda generally regulates such food additives in food packaging as food contact substances under ffdca section 409 h . this proposed rule would expand the scope of the provision in 40 cfr 180.4 which currently applies only to food packaging impregnated with an insect repellent - one type of pesticide. this proposed rule as with the rule it would amend only applies to the food packaging materials themselves it would not otherwise limit epas ffdca jurisdiction over pesticides or limit fdas jurisdiction over substances subject to fda regulation as food additives. epa in consultation with fda and fda believe this rule would eliminate the duplicative ffdca jurisdiction and economise federal government resources while continuing to protect human health and the environment. even after this rule is finalized under the federal insecticide fungicide and rodenticide act fifra epa would continue to regulate the food packaging as an inert ingredient of the pesticide product and regulate the pesticide active ingredient in the treated food packaging under both fifra and the ffdca. the text of this proposed rule is identical to a direct final rule epa issued on 6 december 2006. epa received several comments opposing that direct final rule and therefore withdrew the rule on 25 january 2007 consistent with epa policy. epa is now issuing the rule as a proposal for public comment