Pesticide Programs (40 CFR 150 - 189)

9/16/21, 2:44 PM eCFR :: 40 CFR Chapter I Subchapter E -- Pesticide Programs https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E 1/2 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  There have been changes in the last two weeks to Subchapter E. Title 40 Protection of Environment Part / Section Chapter I Environmental Protection Agency 1 – 1099 Subchapter E Pesticide Programs 150 – 189 Part 150 General 150.17 Part 151 [Reserved] Part 152 Pesticide Registration and Classi�cation Procedures 152.1 – 152.500 Part 153 Registration Policies and Interpretations 153.125 – 153.155 Part 154 Special Review Procedures 154.1 – 154.35 Part 155 Registration Standards and Registration Review 155.23 – 155.58 Part 156 Labeling Requirements for Pesticides and Devices 156.3 – 156.212 Part 157 Packaging Requirements for Pesticides and Devices 157.20 – 157.36 Part 158 Data Requirements for Pesticides 158.1 – 158.2500 Part 159 Statements of Policies and Interpretations 159.152 – 159.195 Part 160 Good Laboratory Practice Standards 160.1 – 160.195 Part 162 State Registration of Pesticide Products 162.150 – 162.156 Part 164 Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act, Arising from Refusals to Register, Cancellations of Registrations, Changes of Classi�cations, Suspensions of Registrations and Other Hearings Called Pursuant to Section 6 of the Act 164.1 – 164.133 Part 165 Pesticide Management and Disposal 165.1 – 165.97 Part 166 Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions 166.1 – 166.53 Part 167 Registration of Pesticide and Active Ingredient Producing Establishments, Submission of Pesticide Reports 167.3 – 167.90 Part 168 Statements of Enforcement Policies and Interpretations 168.22 – 168.85                    https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40 https://www.ecfr.gov/current/title-40/chapter-I https://www.ecfr.gov/current/title-40/chapter-I https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E 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Standard 170.1 – 170.609 Part 171 Certi�cation of Pesticide Applicators 171.1 – 171.311 Part 172 Experimental Use Permits 172.1 – 172.59 Part 173 Procedures Governing the Rescission of State Primary Enforcement Responsibility for Pesticide Use Violations 173.1 – 173.9 Part 174 Procedures and Requirements for Plant Incorporated Protectants 174.1 – 174.705 Part 176 Time-Limited Tolerances for Emergency Exemptions 176.1 – 176.15 Part 178 Objections and Requests for Hearings 178.3 – 178.70 Part 179 Formal Evidentiary Public Hearing 179.3 – 179.130 Part 180 Tolerances and Exemptions for Pesticide Chemical Residues in Food 180.1 – 180.2020 Parts 181-189 [Reserved]           https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-169?toc=1 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-169 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-169?toc=1 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170?toc=1 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150 -- General https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-150 1/2 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 150 - GENERAL Authority: Reorganization Plan No. 3 of 1970 (5 U.S.C. App.). § 150.17 Addresses for the Of�ice of Pesticide Programs. The o�cial addresses, unless otherwise noted, are as follows: View table of contents for this page (a) Applications, correspondence, and non-docket materials (1) United States Postal Service mailing address. O�ce of Pesticide Programs (7510P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. (2) Hand/courier delivery address. O�ce of Pesticide Programs, Environmental Protection Agency, 2777 S. Crystal Dr., Arlington, VA 22202-4501. This is not a mailing address. You must make arrangements with the person receiving your delivery. (b) O�ce of Pesticide Programs Regulatory Public Docket (OPP Docket) (1) Electronic docket address. Publicly available docket materials are available in the electronic docket at http://www.regulations.gov. Although listed in the docket index at regulations.gov, some information is not publicly available, e.g., Con�dential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only at the OPP Docket. (2) Physical location. Environmental Protection Agency Docket Center (EPA/DC), Environmental Protection Agency, EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. This is not a mailing address. For instructions on visiting the docket, go to http://www.epa.gov/dockets/contacts.htm. (3) United States Postal Service mailing address. O�ce of Pesticide Programs Regulatory Public Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-150 http://www.regulations.gov/ http://www.epa.gov/dockets/contacts.htm 9/16/21, 2:45 PM eCFR :: 40 CFR Part 150 -- General https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-150 2/2 [77 FR 46291, Aug. 3, 2012] (4) Hand/courier delivery. For hand/courier delivery or to make special arrangements for deliveries of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.htm. https://www.federalregister.gov/citation/77-FR-46291 http://www.epa.gov/dockets/contacts.htm 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 1/83 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 152 - PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES Authority: 7 U.S.C. 136-136y; Subpart U is also issued under 31 U.S.C. 9701. Subpart A - General Provisions Source: 53 FR 15975, May 4, 1988, unless otherwise noted. § 152.1 Scope. [73 FR 75594, Dec. 12, 2008] § 152.3 De�initions. Terms used in this part have the same meaning as in the Act. In addition, the following terms have the meanings set forth in this section. View table of contents for this page (a) Part 152 sets forth procedures, requirements and criteria concerning the registration of pesticide products under FIFRA section 3, including plant-incorporated protectants (PIPs). Unless speci�cally superseded by part 174, the regulations in part 152 apply to PIPs. (b) Part 152 also describes associated regulatory activities affecting registration, as described in this paragraph. (1) Data compensation and exclusive use of data in support of registration. Refer to subpart E of this part. (2) Rights and obligations of registrants. Refer to subpart G of this part. (3) Classi�cation of pesticide uses. Refer to subpart I of this part. (4) Fees. Refer to subpart U of this part. (5) Requirements pertaining to pesticide devices. Refer to subpart Z of this part. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.federalregister.gov/citation/73-FR-75594 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 https://www.ecfr.gov/current/title-40/part-152/subpart-E https://www.ecfr.gov/current/title-40/part-152/subpart-G https://www.ecfr.gov/current/title-40/part-152/subpart-I https://www.ecfr.gov/current/title-40/part-152/subpart-U https://www.ecfr.gov/current/title-40/part-152/subpart-Z 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 2/83 Act or FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136-136y). Active ingredient means any substance (or group of structurally similar substances if speci�ed by the Agency) that will prevent, destroy, repel or mitigate any pest, or that functions as a plant regulator, desiccant, or defoliant within the meaning of FIFRA sec. 2(a), except as provided in § 174.3 of this chapter. Acute dermal LD means a statistically derived estimate of the single dermal dose of a substance that would cause 50 percent mortality to the test population under speci�ed conditions. Acute inhalation LC means a statistically derived estimate of the concentration of a substance that would cause 50 percent mortality to the test population under speci�ed conditions. Acute oral LD means a statistically derived estimate of the single oral dose of a substance that would cause 50 percent mortality to the test population under speci�ed conditions. Administrator means the Administrator of the United States Environmental Protection Agency or his delegate. Agency means the United States Environmental Protection Agency (EPA), unless otherwise speci�ed. Applicant means a person who applies for a registration or amended registration under FIFRA sec. 3. Biological control agent means any living organism applied to or introduced into the environment that is intended to function as a pesticide against another organism declared to be a pest by the Administrator. Distribute or sell and other grammatical variations of the term such as “distributed or sold” and “distribution or sale,” means the acts of distributing, selling, offering for sale, holding for sale, shipping, holding for shipment, delivering for shipment, or receiving and (having so received) delivering or offering to deliver, or releasing for shipment to any person in any State. End use product means a pesticide product whose labeling Final printed labeling means the label or labeling of the product when distributed or sold. Final printed labeling does not include the package of the product, unless the labeling is an integral part of the package. Inert ingredient means any substance (or group of structurally similar substances if designated by the Agency), other than an active ingredient, which is intentionally included in a pesticide product, except as provided by § 174.3 of this chapter. 50 50 50 (1) Includes directions for use of the product (as distributed or sold, or after combination by the user with other substances) for controlling pests or defoliating, desiccating, or regulating the growth of plants, and (2) Does not state that the product may be used to manufacture or formulate other pesticide products. https://www.govinfo.gov/link/uscode/7/136 https://www.ecfr.gov/current/title-40/section-174.3 https://www.ecfr.gov/current/title-40/section-174.3 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 3/83 Institutional use means any application of a pesticide in or around any property or facility that functions to provide a service to the general public or to public or private organizations, including but not limited to: Living plant means a plant, plant organ, or plant part that is alive, viable, or dormant. Examples of plant parts include, but are not limited to, seeds, fruits, leaves, roots, stems, �owers, and pollen. Manufacturing use product means any pesticide product that is not an end-use product. New use, when used with respect to a product containing a particular active ingredient, means: Operated by the same producer, when used with respect to two establishments, means that each such establishment is either owned by, or leased for operation by and under the control of, the same person. The term does not include establishments owned or operated by different persons, regardless of contractural agreement between such persons. Package or packaging means the immediate container or wrapping, including any attached closure(s), in which the pesticide is contained for distribution, sale, consumption, use, or storage. The term does not include any shipping or bulk container used for transporting or delivering the pesticide unless it is the only such package. Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that: (1) Hospitals and nursing homes. (2) Schools other than preschools and day care facilities. (3) Museums and libraries. (4) Sports facilities. (5) O�ce buildings. (1) Any proposed use pattern that would require the establishment of, the increase in, or the exemption from the requirement of a tolerance or food additive regulation under section 408 of the Federal Food, Drug and Cosmetic Act; (2) Any aquatic, terrestrial, outdoor, or forestry use pattern, if no product containing the active ingredient is currently registered for that use pattern; or (3) Any additional use pattern that would result in a signi�cant increase in the level of exposure, or a change in the route of exposure, to the active ingredient of man or other organisms. (1) Is a new animal drug under FFDCA sec. 201(w), or (2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or (3) Is an animal feed under FFDCA sec. 201(x) that bears or contains any substances described by paragraph (s) (1) or (2) of this section. https://www.ecfr.gov/current/title-40/section-152.3#p-152.3(s)(1) https://www.ecfr.gov/current/title-40/section-152.3#p-152.3(s)(2) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 4/83 Pesticide product means a pesticide in the particular form (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, distributed or sold. The term includes any physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide. Plant-incorporated protectant means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for production of such a pesticidal substance. It also includes any inert ingredient contained in the plant, or produce thereof. Released for shipment. A product becomes released for shipment when the producer has packaged and labeled it in the manner in which it will be distributed or sold, or has stored it in an area where �nished products are ordinarily held for shipment. Products stored in an area where �nished products are ordinarily held for shipment, but which are not intended to be released for shipment must be physically separated and marked as not yet released for shipment. Once a product becomes released for shipment, the product remains in the condition of being released for shipment unless subsequent activities, such as relabeling or repackaging, constitute production. Residential use means use of a pesticide directly: [53 FR 15975, May 4, 1988, as amended at 66 FR 37814, July 19, 2001; 73 FR 64224, Oct. 29, 2008; 73 FR 75594, Dec. 12, 2008] § 152.5 Pests. An organism is declared to be a pest under circumstances that make it deleterious to man or the environment, if it is: [53 FR 15975, May 4, 1988, as amended at 78 FR 13507, Feb. 28, 2013] § 152.6 Substances excluded from regulation by FIFRA. (1) On humans or pets, (2) In, on, or around any structure, vehicle, article, surface, or area associated with the household, including but not limited to areas such as non-agricultural outbuildings, non commercial greenhouses, pleasure boats and recreational vehicles, or (3) In any preschool or day care facility. (a) Any vertebrate animal other than man; (b) Any invertebrate animal, including but not limited to, any insect, other arthropod, nematode, or mollusk such as a slug and snail, but excluding any internal parasite of living man or other living animals; (c) Any plant growing where not wanted, including any moss, alga, liverwort, or other plant of any higher order, and any plant part such as a root; or (d) Any fungus, bacterium, virus, prion, or other microorganism, except for those on or in living man or other living animals and those on or in processed food or processed animal feed, beverages, drugs (as de�ned in FFDCA section 201(g)(1)) and cosmetics (as de�ned in FFDCA section 201(i)). https://www.federalregister.gov/citation/53-FR-15975 https://www.federalregister.gov/citation/66-FR-37814 https://www.federalregister.gov/citation/73-FR-64224 https://www.federalregister.gov/citation/73-FR-75594 https://www.federalregister.gov/citation/53-FR-15975 https://www.federalregister.gov/citation/78-FR-13507 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 5/83 Products and substances listed in this section are excluded from FIFRA regulation if they meet the speci�ed conditions or criteria. (a) Liquid chemical sterilants. A liquid chemical sterilant product is not a pesticide under section 2(u) of FIFRA if it meets all of the following criteria. Excluded products are regulated by the Food and Drug Administration (FDA). Products excluded are those meeting all of the following criteria: (1) Composition. The product must be in liquid form as sold or distributed. Pressurized gases or products in dry or semi-solid form are not excluded by this provision. Ethylene oxide products are not liquid products and are not excluded by this provision. (2) Claims. The product must bear a sterilant claim, or a sterilant plus subordinate level disinfection claim. Products that bear antimicrobial claims solely at a level less than “sterilant” are not excluded and are jointly regulated by EPA and FDA. (3) Use site. (i) The product must be intended and labeled only for use on “critical or semi critical devices.” A “critical device” is any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body. A semi-critical device is any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body. (ii) Liquid chemical sterilants that bear claims solely for use on non-critical medical devices are jointly regulated by EPA and FDA. (iii) Liquid chemical sterilants that bear claims solely for use on sites that are not medical devices, such as veterinary equipment, are not excluded and are regulated solely by EPA. (b) Nitrogen stabilizers. A nitrogen stabilizer is excluded from regulation under FIFRA if it is a substance (or mixture of substances), meeting all of the following criteria: (1) The substance prevents or hinders the process of nitri�cation, denitri�cation, ammonia volatilization, or urease production through action affecting soil bacteria and is distributed and sold solely for those purposes and no other pesticidal purposes. For purposes of this section, living organisms are not considered to be substances, and the actions of living organisms are not relevant to whether a substance is deemed to be a nitrogen stabilizer. (2) The substance was in “commercial agronomic use” in the United States before January 1, 1992. EPA considers a substance to be in commercial agronomic use if it is available for sale or distribution to users for direct agronomic bene�t, as opposed to limited research, experimental or demonstration use. (3) The substance was not registered under FIFRA before January 1, 1992. (4) Since January 1, 1992, the distributor or seller has made no claim that the product prevents or hinders the process of nitri�cation, denitri�cation, ammonia volatilization or urease production. EPA considers any of the following claims (or their equivalents) to be a claim that the product prevents or hinders nitri�cation, denitri�cation, ammonia volatilization or urease production: (i) Improves crop utilization of applied nitrogen. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 6/83 (ii) Reduces leaching of applied nitrogen or reduces groundwater nitrogen contamination. (iii) Prevents nitrogen loss. (iv) Prolongs availability of nitrogen. (v) Increases nitrogen uptake, availability, usage, or e�ciency. (5) A product will be considered to have met the criterion of paragraph (b)(4) of this section that no nitrogen stabilization claim has been made if: (i) The nitrogen stabilization claim, in whatever terms expressed, is made solely in compliance with a State requirement to include the claim in materials required to be submitted to a State legislative or regulatory authority, or in the labeling or other literature accompanying the product; and (ii) The State requirement to include the claim was in effect both before the product bearing the claim was introduced into commercial agronomic use, and before the effective date of this rule. (6) A product that meets all of the criteria of this paragraph with respect to one State is not thereby excluded from FIFRA regulation if distributed and sold in another State whose nitrogen stabilization statement requirement does not meet the requirements of paragraph (b)(5)(ii) of this section. (c) Human drugs. Fungi, bacteria, viruses or other microorganisms in or on living man are not “pests” as de�ned in section 2(t) of FIFRA. Products intended and labeled for use against such organisms are human drugs subject to regulation by the FDA under the FFDCA. (d) Animal drugs. (1) Fungi, viruses, bacteria or other microorganisms on or in living animals are not “pests” under section 2(t) of FIFRA. Products intended for use against such organisms are “animal drugs” regulated by the FDA under the FFDCA. (2) A “new animal drug” as de�ned in section 201(w) of the FFDCA, or an animal drug that FDA has determined is not a “new animal drug” is not a pesticide under section 2(u) of FIFRA. Animal drugs are regulated by the FDA under the FFDCA. (e) Animal feeds. An animal feed containing a new animal drug is not a pesticide under section 2(u) of FIFRA. An animal feed containing a new animal drug is subject to regulation by the FDA under the FFDCA. (f) Vitamin hormone products. A product consisting of a mixture of plant hormones, plant nutrients, inoculants, or soil amendments is not a “plant regulator” under section 2(v) of FIFRA, provided it meets the following criteria: (1) The product, in the undiluted package concentration at which it is distributed or sold, meets the criteria of § 156.62 of this chapter for Toxicity Category III or IV; and (2) The product is not intended for use on food crop sites, and is labeled accordingly. (g) Products intended to aid the growth of desirable plants. A product of any of the following types, intended only to aid the growth of desirable plants, is not a “plant regulator” under section 2(v) of FIFRA, and therefore is not a pesticide: (1) A plant nutrient product, consisting of one or more macronutrients or micronutrient trace elements necessary to normal growth of plants and in a form readily usable by plants. https://www.ecfr.gov/current/title-40/section-152.6#p-152.6(b)(4) https://www.ecfr.gov/current/title-40/section-152.6#p-152.6(b)(5)(ii) https://www.ecfr.gov/current/title-40/section-156.62 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 7/83 [66 FR 64763, Dec. 14, 2001, as amended at 73 FR 75594, Dec. 12, 2008] § 152.8 Products that are not pesticides because they are not for use against pests. A substance or article is not a pesticide, because it is not intended for use against “pests” as de�ned in § 152.5, if it is: [53 FR 15975, May 4, 1988, as amended at 66 FR 64764, Dec. 14, 2001] § 152.10 Products that are not pesticides because they are not intended for a pesticidal purpose. A product that is not intended to prevent, destroy, repel, or mitigate a pest, or to defoliate, desiccate or regulate the growth of plants, is not considered to be a pesticide. The following types of products or articles are not considered to be pesticides unless a pesticidal claim is made on their labeling or in connection with their sale and distribution: § 152.15 Pesticide products required to be registered. No person may distribute or sell any pesticide product that is not registered under the Act, except as provided in §§ 152.20, 152.25, and 152.30. A pesticide is any substance (or mixture of substances) intended for a pesticidal purpose, i.e., use for the purpose of preventing, destroying, repelling, or mitigating any pest or use as a plant regulator, defoliant, or desiccant. A substance is considered to be intended for a pesticidal purpose, and thus to be a pesticide requiring registration, if: (2) A plant inoculant product consisting of microorganisms to be applied to the plant or soil for the purpose of enhancing the availability or uptake of plant nutrients through the root system. (3) A soil amendment product containing a substance or substances intended for the purpose of improving soil characteristics favorable for plant growth. (a) A fertilizer product not containing a pesticide. (b) A product intended to force bees from hives for the collection of honey crops. (a) Deodorizers, bleaches, and cleaning agents; (b) Products not containing toxicants, intended only to attract pests for survey or detection purposes, and labeled accordingly; (c) Products that are intended to exclude pests only by providing a physical barrier against pest access, and which contain no toxicants, such as certain pruning paints to trees. (a) The person who distributes or sells the substance claims, states, or implies (by labeling or otherwise): (1) That the substance (either by itself or in combination with any other substance) can or should be used as a pesticide; or (2) That the substance consists of or contains an active ingredient and that it can be used to manufacture a pesticide; or https://www.federalregister.gov/citation/66-FR-64763 https://www.federalregister.gov/citation/73-FR-75594 https://www.ecfr.gov/current/title-40/section-152.5 https://www.federalregister.gov/citation/53-FR-15975 https://www.federalregister.gov/citation/66-FR-64764 https://www.ecfr.gov/current/title-40/section-152.20 https://www.ecfr.gov/current/title-40/section-152.25 https://www.ecfr.gov/current/title-40/section-152.30 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 8/83 Subpart B - Exemptions Source: 53 FR 15977, May 4, 1988, unless otherwise noted. § 152.20 Exemptions for pesticides adequately regulated by another Federal agency. The pesticides or classes of pesticide listed in this section are exempt from all requirements of FIFRA. The Agency has determined, in accordance with FIFRA sec. 25(b)(1), that they are adequately regulated by another Federal agency. [53 FR 15977, May 4, 1988, as amended at 66 FR 37814, July 19, 2001; 66 FR 64764, Dec. 14, 2001; 72 FR 61027, Oct. 26, 2007] (b) The substance consists of or contains one or more active ingredients and has no signi�cant commercially valuable use as distributed or sold other than (1) use for pesticidal purpose (by itself or in combination with any other substance), (2) use for manufacture of a pesticide; or (c) The person who distributes or sells the substance has actual or constructive knowledge that the substance will be used, or is intended to be used, for a pesticidal purpose. (a) Certain biological control agents. (1) Except as provided by paragraphs (a)(3) and (a)(4) of this section, all biological control agents are exempt from FIFRA requirements. (2) If the Agency determines that an individual biological control agent or class of biological control agents is no longer adequately regulated by another Federal agency, and that it should not otherwise be exempted from the requirements of FIFRA, the Agency will revoke this exemption by amending paragraph (a)(3) of this section. (3) The following biological control agents are not exempt from FIFRA requirements: (i) A eucaryotic microorganism including, but not limited to, protozoa, algae and fungi; (ii) A procaryotic microorganism including, but not limited to, Eubacteria and Archaebacteria; or (iii) A parasitically-replicating microscopic element, including, but not limited to, viruses. (4) All living plants intended for use as biological control agents are exempt from the requirements of FIFRA. However, plant-incorporated protectants are not exempt pursuant to this section. Regulations, including exemptions, for plant-incorporated protectants are addressed in part 174 of this chapter. (b) Non-liquid chemical sterilants. A non-liquid chemical sterilant, except ethylene oxide, that meets the criteria of § 152.6(a)(2) with respect to its claims and § 152.6(a)(3) with respect to its use sites is exempted from regulation under FIFRA. https://www.federalregister.gov/citation/53-FR-15977 https://www.federalregister.gov/citation/66-FR-37814 https://www.federalregister.gov/citation/66-FR-64764 https://www.federalregister.gov/citation/72-FR-61027 https://www.ecfr.gov/current/title-40/section-152.20#p-152.20(a)(3) https://www.ecfr.gov/current/title-40/section-152.20#p-152.20(a)(4) https://www.ecfr.gov/current/title-40/section-152.20#p-152.20(a)(3) https://www.ecfr.gov/current/title-40/part-174 https://www.ecfr.gov/current/title-40/section-152.6#p-152.6(a)(2) https://www.ecfr.gov/current/title-40/section-152.6#p-152.6(a)(3) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 9/83 § 152.25 Exemptions for pesticides of a character not requiring FIFRA regulation. The pesticides or classes of pesticides listed in this section have been determined to be of a character not requiring regulation under FIFRA, and are therefore exempt from all provisions of FIFRA when intended for use, and used, only in the manner speci�ed. (a) Treated articles or substances. An article or substance treated with, or containing, a pesticide to protect the article or substance itself (for example, paint treated with a pesticide to protect the paint coating, or wood products treated to protect the wood against insect or fungus infestation), if the pesticide is registered for such use. (b) Pheromones and pheromone traps. Pheromones and identical or substantially similar compounds labeled for use only in pheromone traps (or labeled for use in a manner which the Administrator determines poses no greater risk of adverse effects on the environment than use in pheromone traps), and pheromone traps in which those compounds are the sole active ingredient(s). (1) For the purposes of this paragraph, a pheromone is a compound produced by an arthropod which, alone or in combination with other such compounds, modi�es the behavior of other individuals of the same species. (2) For the purposes of this paragraph, a synthetically produced compound is identical to a pheromone only when their molecular structures are identical, or when the only differences between the molecular structures are between the stereochemical isomer ratios of the two compounds, except that a synthetic compound found to have toxicological properties signi�cantly different from a pheromone is not identical. (3) When a compound possesses many characteristics of a pheromone but does not meet the criteria in paragraph (a)(2) of this section, it may, after review by the Agency, be deemed a substantially similar compound. (4) For the purposes of this paragraph, a pheromone trap is a device containing a pheromone or an identical or substantially similar compound used for the sole purpose of attracting, and trapping or killing, target arthropods. Pheromone traps are intended to achieve pest control by removal of target organisms from their natural environment and do not result in increased levels of pheromones or identical or substantially similar compounds over a signi�cant fraction of the treated area. (c) Preservatives for biological specimens. (1) Embalming �uids. (2) Products used to preserve animal or animal organ specimens, in mortuaries, laboratories, hospitals, museums and institutions of learning. (3) Products used to preserve the integrity of milk, urine, blood, or other body �uids for laboratory analysis. (d) Foods. Products consisting of foods and containing no active ingredients, which are used to attract pests. (e) Natural cedar. (1) Natural cedar blocks, chips, shavings, balls, chests, drawer liners, paneling, and needles that meet all of the following criteria: (i) The product consists totally of cedarwood or natural cedar. https://www.ecfr.gov/current/title-40/section-152.25#p-152.25(a)(2) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 10/83 Table 1 - Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products Castor oil Castor oil United States Pharmacopeia (U.S.P.) or equivalent 8001 79-4 Cedarwood oil Cedarwood oil (China) 85085 29-6 Cedarwood oil Cedarwood oil (Texas) 68990 83-0 Cedarwood oil Cedarwood oil (Virginia) 8000 27-9 Cinnamon Cinnamon N/A Cinnamon oil Cinnamon oil 8015 91-6 (ii) The product is not treated, combined, or impregnated with any additional substance(s). (iii) The product bears claims or directions for use solely to repel arthropods other than ticks or to retard mildew, and no additional claims are made in sale or distribution. The labeling must be limited to speci�c arthropods, or must exclude ticks if any general term such as “arthropods,” “insects,” “bugs,” or any other broad inclusive term, is used. The exemption does not apply to natural cedar products claimed to repel ticks. (2) The exemption does not apply to cedar oil, or formulated products which contain cedar oil, other cedar extracts, or ground cedar wood as part of a mixture. (f) Minimum risk pesticides (1) Exempted products. Products containing the following active ingredients, alone or in combination with other substances listed in table 1 of this paragraph, are exempt from the requirements of FIFRA provided that all of the criteria of this section are met. All listed active ingredients may be used in non-food use products. Under section 408 of the Federal Food, Drug, and Cosmetic Act and EPA (FFDCA) implementing regulations at part 180 of this chapter, food and animal feed in commerce can bear pesticide residues only for those ingredients that have tolerances or tolerance exemptions in part 180 of this chapter. Such tolerances or exemptions may be found, for example, in §§ 180.950, 180.1071, 180.1087, 180.1233, and 180.1251 of this chapter. Label display name Chemical name Speci�cations CAS No. https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/section-180.950 https://www.ecfr.gov/current/title-40/section-180.1071 https://www.ecfr.gov/current/title-40/section-180.1087 https://www.ecfr.gov/current/title-40/section-180.1233 https://www.ecfr.gov/current/title-40/section-180.1251 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 11/83 Citric acid 2-Hydroxypropane 1,2,3-tricarboxylic acid 77-92 9 Citronella Citronella N/A Citronella oil Citronella oil 8000 29-1 Cloves Cloves N/A Clove oil Clove oil 8000 34-8 Corn gluten meal Corn gluten meal 66071 96-3 Corn oil Corn oil 8001 30-7 Cornmint Cornmint N/A Cornmint oil Cornmint oil 68917 18-0 Cottonseed oil Cottonseed oil 8001 29-4 Dried blood Dried blood 68991 49-9 Eugenol 4-Allyl-2 methoxyphenol 97-53 0 Garlic Garlic N/A Garlic oil Garlic oil 8000 78-0 Geraniol (2E)-3,7 Dimethylocta-2,6 dien-1-ol 106 24-1 Label display name Chemical name Speci�cations CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 12/83 Geranium oil Geranium oil 8000 46-2 Lauryl sulfate Lauryl sulfate 151 41-7 Lemongrass oil Lemongrass oil 8007 02-1 Linseed oil Linseed oil 8001 26-1 Malic acid 2 Hydroxybutanedioic acid 6915 15-7 Peppermint Peppermint N/A Peppermint oil Peppermint oil 8006 90-4 2 Phenylethyl propionate 2-Phenylethyl propionate 122 70-3 Potassium sorbate Potassium (2E,4E) hexa-2,4-dienoate 24634 61-5 Putrescent whole egg solids Putrescent whole egg solids 51609 52-0 Rosemary Rosemary N/A Rosemary oil Rosemary oil 8000 25-7 Sesame Sesame Includes ground sesame plant N/A Sesame oil Sesame oil 8008 74-0 Label display name Chemical name Speci�cations CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 13/83 Sodium chloride Sodium chloride 7647 14-5 Sodium lauryl sulfate Sulfuric acid monododecyl ester, sodium salt 151 21-3 Soybean oil Soybean oil 8001 22-7 Spearmint Spearmint N/A Spearmint oil Spearmint oil 8008 79-5 Thyme Thyme N/A Thyme oil Thyme oil 8007 46-3 White pepper White pepper N/A Zinc Zinc Zinc metal strips (consisting solely of zinc metal and impurities) 7440 66-6 (2) Permitted inert ingredients. A pesticide product exempt under paragraph (f)(1) of this section may only include the inert ingredients listed in paragraphs (f)(2)(i) through (iv) of this section. All listed inert ingredients may be used in non-food use products. Under FFDCA section 408 and EPA implementing regulations at part 180 of this chapter, food and animal feed in commerce can bear pesticide residues only for those ingredients that have tolerances or tolerance exemptions in part 180 of this chapter. Such tolerances or exemptions may be found, for example, in §§ 180.910, 180.920. 180.930, 180.940, 180.950, and 180.1071 of this chapter. (i) Commonly consumed food commodities, as described in § 180.950(a) of this chapter. (ii) Animal feed items, as described in § 180.950(b) of this chapter. (iii) Edible fats and oils, as described in § 180.950(c) of this chapter. (iv) Speci�c chemical substances, as listed in the following table. Label display name Chemical name Speci�cations CAS No. https://www.ecfr.gov/current/title-40/section-152.25#p-152.25(f)(1) https://www.ecfr.gov/current/title-40/section-152.25#p-152.25(f)(2)(i) https://www.ecfr.gov/current/title-40/section-152.25#p-152.25(f)(2)(iv) https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/section-180.910 https://www.ecfr.gov/current/title-40/section-180.920 https://www.ecfr.gov/current/title-40/section-180.950#p-180.950(a) https://www.ecfr.gov/current/title-40/section-180.950#p-180.950(b) https://www.ecfr.gov/current/title-40/section-180.950#p-180.950(c) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 14/83 Table 2 - Inert Ingredients Permitted in Minimum Risk Pesticide Products Acetyl tributyl citrate Citric acid, 2-(acetyloxy)-, tributyl ester 77-90-7 Agar Agar 9002 18-0 Almond hulls Almond hulls N/A Almond oil Oils, almond 8007 69-0 Almond shells Almond shells N/A alpha-Cyclodextrin alpha-Cyclodextrin 10016 20-3 Aluminatesilicate Aluminatesilicate 1327 36-2 Aluminum magnesium silicate Silicic acid, aluminum magnesium salt 1327 43-1 Aluminum potassium sodium silicate Silicic acid, aluminum potassium sodium salt 12736 96-8 Aluminum silicate Aluminum silicate 1335 30-4 Aluminum sodium silicate Silicic acid, aluminum sodium salt 1344 00-9 Aluminum sodium silicate Silicic acid (H4 SiO4), aluminum sodium salt (1:1:1) 12003 51-9 Ammonium benzoate Benzoic acid, ammonium salt 1863 63-4 Ammonium stearate Octadecanoic acid, ammonium salt 1002 89-7 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 15/83 Amylopectin, acid hydrolyzed, 1 octenylbutanedioate Amylopectin, acid-hydrolyzed, 1-octenylbutanedioate 113894 85-2 Amylopectin, hydrogen 1 octadecenylbutanedioate Amylopectin, hydrogen 1 octadecenylbutanedioate 125109 81-1 Animal glue Animal glue N/A Ascorbyl palmitate Ascorbyl palmitate 137-66 6 Attapulgite-type clay Attapulgite-type clay 12174 11-7 Beeswax Beeswax 8012 89-3 Bentonite Bentonite 1302 78-9 Bentonite, sodian Bentonite, sodian 85049 30-5 beta-Cyclodextrin beta-Cyclodextrin 7585 39-9 Bone meal Bone meal 68409 75-6 Bran Bran N/A Bread crumbs Bread crumbs N/A (+)-Butyl lactate Lactic acid, n-butyl ester, (S) 34451 19-9 Butyl lactate Lactic acid, n-butyl ester 138-22 7 Butyl stearate Octadecanoic acid, butyl ester 123-95 5 Calcareous shale Calcareous shale N/A Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 16/83 Calcite Calcite (Ca(CO )) 13397 26-7 Calcium acetate Calcium acetate 62-54-4 Calcium acetate monohydrate Acetic acid, calcium salt, monohydrate 5743 26-0 Calcium benzoate Benzoic acid, calcium salt 2090 05-3 Calcium carbonate Calcium carbonate 471-34 1 Calcium citrate Citric acid, calcium salt 7693 13-2 Calcium octanoate Calcium octanoate 6107 56-8 Calcium oxide silicate Calcium oxide silicate (Ca O(SiO )) 12168 85-3 Calcium silicate Silicic acid, calcium salt 1344 95-2 Calcium stearate Octadecanoic acid, calcium salt 1592 23-0 Calcium sulfate Calcium sulfate 7778 18-9 Calcium sulfate dihydrate Calcium sulfate dihydrate 10101 41-4 Calcium sulfate hemihydrate Calcium sulfate hemihydrate 10034 76-1 Canary seed Canary seed N/A Carbon Carbon 7440 44-0 3 3 4 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 17/83 Carbon dioxide Carbon dioxide 124-38 9 Carboxymethyl cellulose Cellulose, carboxymethyl ether 9000 11-7 Cardboard Cardboard N/A Carnauba wax Carnauba wax 8015 86-9 Carob gum Locust bean gum 9000 40-2 Carrageenan Carrageenan 9000 07-1 Caseins Caseins 9000 71-9 Castor oil Castor oil 8001 79-4 Castor oil, hydrogenated Castor oil, hydrogenated 8001 78-3 Cat food Cat food N/A Cellulose Cellulose 9004 34-6 Cellulose acetate Cellulose acetate 9004 35-7 Cellulose, mixture with cellulose carboxymethyl ether, sodium salt Cellulose, mixture with cellulose carboxymethyl ether, sodium salt 51395 75-6 Cellulose, pulp Cellulose, pulp 65996 61-4 Cellulose, regenerated Cellulose, regenerated 68442 85-3 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 18/83 Cheese Cheese N/A Chlorophyll a Chlorophyll a 479-61 8 Chlorophyll b Chlorophyll b 519-62 0 Citric acid Citric acid 77-92-9 Citric acid, monohydrate Citric acid, monohydrate 5949 29-1 Citrus meal Citrus meal N/A Citrus pectin Citrus pectin 9000 69-5 Citrus pulp Citrus pulp 68514 76-1 Clam shells Clam shells N/A Cocoa Cocoa 8002 31-1 Cocoa shell �our Cocoa shell �our N/A Cocoa shells Cocoa shells N/A Cod-liver oil Cod-liver oil 8001 69-2 Coffee grounds Coffee grounds 68916 18-7 Cookies Cookies N/A Cork Cork 61789 98-8 Corn cobs Corn cobs N/A Cotton Cotton N/A Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 19/83 Cottonseed meal Cottonseed meal 68424 10-2 Cracked wheat Cracked wheat N/A Decanoic acid, monoester with 1,2,3 propanetriol Decanoic acid, monoester with 1,2,3-propanetriol 26402 22-2 Dextrins Dextrins 9004 53-9 Diglyceryl monooleate 9-Octadecenoic acid, ester with 1,2,3-propanetriol 49553 76-6 Diglyceryl monostearate 9-Octadecanoic acid, monoester with oxybis(propanediol) 12694 22-3 Dilaurin Dodecanoic acid, diester with 1,2,3-propanetriol 27638 00-2 Dipalmitin Hexadecanoic acid, diester with 1,2,3-propanetriol 26657 95-4 Dipotassium citrate Citric acid, dipotassium salt 3609 96-9 Disodium citrate Citric acid, disodium salt 144-33 2 Disodium sulfate decahydrate Disodium sulfate decahydrate 7727 73-3 Diatomaceous earth Kieselguhr; Diatomite (less than 1% crystalline silica) 61790 53-2 Dodecanoic acid, monoester with 1,2,3 propanetriol Dodecanoic acid, monoester with 1,2,3-propanetriol 27215 38-9 Dolomite Dolomite 16389 88-1 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 20/83 Douglas �r bark Douglas �r bark N/A Egg shells Egg shells N/A Eggs Eggs N/A (+)-Ethyl lactate Lactic acid, ethyl ester, (S) 687-47 8 Ethyl lactate Lactic acid, ethyl ester 97-64-3 Feldspar Feldspar 68476 25-5 Ferric oxide Iron oxide (Fe O ) 1309 37-1 Ferrous oxide Iron oxide (FeO) 1345 25-1 Fish meal Fish meal N/A Fish oil Fish oil 8016 13-5 Fuller's earth Fuller's earth 8031 18-3 Fumaric acid Fumaric acid 110-17 8 gamma-Cyclodextrin gamma-Cyclodextrin 17465 86-0 Gelatins Gelatins 9000 70-8 Gellan gum Gellan gum 71010 52-1 Glue Glue (as depolymd. animal collagen) 68476 37-9 Glycerin 1,2,3-Propanetriol 56-81-5 2 3 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 21/83 Glycerol monooleate 9-Octadecenoic acid (Z)-, 2,3 dihydroxypropyl ester 111-03 5 Glyceryl dicaprylate Octanoic acid, diester with 1,2,3-propanetriol 36354 80-0 Glyceryl dimyristate Tetradecanoic acid, diester with 1,2,3-propanetriol 53563 63-6 Glyceryl dioleate 9-Octadecenoic acid (9Z)-, diester with 1,2,3-propanetriol 25637 84-7 Glyceryl distearate Octadecanoic acid, diester with 1,2,3-propanetriol 1323 83-7 Glyceryl monomyristate Tetradecanoic acid, monoester with 1,2,3 propanetriol 27214 38-6 Glyceryl monooctanoate Octanoic acid, monoester with 1,2,3-propanetriol 26402 26-6 Glyceryl monooleate 9-Octadecenoic acid (9Z)-, monoester with 1,2,3 propanetriol 25496 72-4 Glyceryl monostearate Octadecanoic acid, monoester with 1,2,3 propanetriol 31566 31-1 Glyceryl stearate Octadecanoic acid, ester with 1,2,3-propanetriol 11099 07-3 Granite Granite N/A Graphite Graphite 7782 42-5 Guar gum Guar gum 9000 30-0 Gum Arabic Gum arabic 9000 01-5 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 22/83 Gum tragacanth Gum tragacanth 9000 65-1 Gypsum Gypsum 13397 24-5 Hematite Hematite (Fe O ) 1317 60-8 Humic acid Humic acid 1415 93-6 Hydrogenated cottonseed oil Hydrogenated cottonseed oil 68334 00-9 Hydrogenated rapeseed oil Hydrogenated rapeseed oil 84681 71-0 Hydrogenated soybean oil Hydrogenated soybean oil 8016 70-4 Hydroxyethyl cellulose Cellulose, 2-hydroxyethyl ether 9004 62-0 Hydroxypropyl cellulose Cellulose, 2-hydroxypropyl ether 9004 64-2 Hydroxypropyl methyl cellulose Cellulose, 2-hydroxypropyl methyl ether 9004 65-3 Iron magnesium oxide Iron magnesium oxide (Fe MgO ) 12068 86-9 Iron oxide, hydrate Iron oxide (Fe O ), hydrate 12259 21-1 Iron oxide Iron oxide (Fe O ) 1317 61-9 Isopropyl alcohol 2-Propanol 67-63-0 Isopropyl myristate Isopropyl myristate 110-27 0 2 3 2 4 2 3 3 4 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 23/83 Kaolin Kaolin 1332 58-7 Lactose Lactose 63-42-3 Lactose monohydrate Lactose monohydrate 64044 51-5 Lanolin Lanolin 8006 54-0 Latex rubber Latex rubber N/A Lauric acid Lauric acid 143-07 7 Lecithins Lecithins 8002 43-5 Licorice extract Licorice extract 68916 91-6 Lime dolomitic Lime (chemical) dolomitic 12001 27-3 Limestone Limestone 1317 65-3 Linseed oil Linseed oil 8001 26-1 Magnesium carbonate Carbonic acid, magnesium salt (1:1) 546-93 0 Magnesium benzoate Magnesium benzoate 553-70 8 Magnesium oxide Magnesium oxide 1309 48-4 Magnesium oxide silicate Magnesium oxide silicate (Mg O(Si O ) ), monohydrate 12207 97-53 2 5 2 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 24/83 Magnesium silicate Magnesium silicate 1343 88-0 Magnesium silicate hydrate Magnesium silicate hydrate 1343 90-4 Magnesium silicon oxide Magnesium silicon oxide (Mg Si O ) 14987 04-3 Magnesium stearate Octadecanoic acid, magnesium salt 557-04 0 Magnesium sulfate Magnesium sulfate 7487 88-9 Magnesium sulfate heptahydrate Magnesium sulfate heptahydrate 10034 99-8 Malic acid Malic acid 6915 15-7 Malt extract Malt extract 8002 48-0 Malt �avor Malt �avor N/A Maltodextrin Maltodextrin 9050 36-6 Methylcellulose Cellulose, methyl ether 9004 67-5 Mica Mica 12003 38-2 Mica-group minerals Mica-group minerals 12001 26-2 Milk Milk 8049 98-7 Millet seed Millet seed N/A 2 3 8 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 25/83 Mineral oil Mineral oil (U.S.P.) 8012 95-1 1-Monolaurin Dodecanoic acid, 2,3 dihydroxypropyl ester 142-18 7 1-Monomyristin Tetradecanoic acid, 2,3 dihydroxypropyl ester 589-68 4 Monomyristin Decanoic acid, diester with 1,2,3-propanetriol 53998 07-1 Monopalmitin Hexadecanoic acid, monoester with 1,2,3 propanetriol 26657 96-5 Monopotassium citrate Citric acid, monopotassium salt 866-83 1 Monosodium citrate Citric acid, monosodium salt 18996 35-5 Montmorillonite Montmorillonite 1318 93-0 Myristic acid Myristic acid 544-63 8 Nepheline syenite Nepheline syenite 37244 96-5 Nitrogen Nitrogen 7727 37-9 Nutria meat Nutria meat N/A Nylon Nylon N/A Octanoic acid, potassium salt Octanoic acid, potassium salt 764-71 6 Octanoic acid, sodium salt Octanoic acid, sodium salt 1984 06-1 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 26/83 Oleic acid Oleic acid 112-80 1 Oyster shells Oyster shells N/A Palm oil Palm oil 8002 75-3 Palm oil, hydrogenated Palm oil, hydrogenated 68514 74-9 Palmitic acid Hexadecanoic acid 57-10-3 Paper Paper N/A Para�n wax Para�n wax 8002 74-2 Peanut butter Peanut butter N/A Peanut shells Peanut shells N/A Peanuts Peanuts N/A Peat moss Peat moss N/A Pectin Pectin 9000 69-5 Perlite Perlite 130885 09-5 Perlite, expanded Perlite, expanded 93763 70-3 Plaster of paris Plaster of paris 26499 65-0 Polyethylene Polyethylene 9002 88-4 Polyglyceryl oleate Polyglyceryl oleate 9007 48-1 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 27/83 Polyglyceryl stearate Polyglyceryl stearate 9009 32-9 Potassium acetate Acetic acid, potassium salt 127-08 2 Potassium aluminum silicate, anhydrous Potassium aluminum silicate, anhydrous 1327 44-2 Potassium benzoate Benzoic acid, potassium salt 582-25 2 Potassium bicarbonate Carbonic acid, monopotassium salt 298-14 6 Potassium chloride Potassium chloride 7447 40-7 Potassium citrate Citric acid, potassium salt 7778 49-6 Potassium humate Humic acids, potassium salts 68514 28-3 Potassium myristate Tetradecanoic acid, potassium salt 13429 27-1 Potassium oleate 9-Octadecenoic acid (9Z)-, potassium salt 143-18 0 Potassium ricinoleate 9-Octadecenoic acid, 12 hydroxy-, monopotassium salt, (9Z, 12R) 7492 30-0 Potassium sorbate Sorbic acid, potassium salt 24634 61-5 Potassium stearate Octadecanoic acid, potassium salt 593-29 3 Potassium sulfate Potassium sulfate 7778 80-5 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 28/83 Potassium sulfate Sulfuric acid, monopotassium salt 7646 93-7 1,2-Propylene carbonate 1,3-Dioxolan-2-one, 4-methyl- 108-32 7 Pumice Pumice 1332 09-8 Red cabbage color Red cabbage color (expressed from edible red cabbage heads via a pressing process using only acidi�ed water) N/A Red cedar chips Red cedar chips N/A Red dog �our Red dog �our N/A Rubber Rubber 9006 04-6 Sawdust Sawdust N/A Shale Shale N/A Silica, amorphous, fumed Silica, amorphous, fumed (crystalline free) 112945 52-5 Silica, amorphous, precipitate and gel Silica, amorphous, precipitate and gel 7699 41-4 Silica Silica (crystalline free) 7631 86-9 Silica gel Silica gel 63231 67-4 Silica gel, precipitated, crystalline-free Silica gel, precipitated, crystalline-free 112926 00-8 Silica, hydrate Silica, hydrate 10279 57-9 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 29/83 Silica, vitreous Silica, vitreous 60676 86-0 Silicic acid, magnesium salt Silicic acid (H SiO ), magnesium salt (1:1) 13776 74-4 Soap Soap (The water soluble sodium or potassium salts of fatty acids produced by either the saponi�cation of fats and oils, or the neutralization of fatty acid) N/A Soapbark Quillaja saponin 1393 03-9 Soapstone Soapstone 308076 02-0 Sodium acetate Acetic acid, sodium salt 127-09 3 Sodium alginate Sodium alginate 9005 38-3 Sodium benzoate Benzoic acid, sodium salt 532-32 1 Sodium bicarbonate Sodium bicarbonate 144-55 8 Sodium carboxymethyl cellulose Cellulose, carboxymethyl ether, sodium salt 9004 32-4 Sodium chloride Sodium chloride 7647 14-5 Sodium citrate Sodium citrate 994-36 5 Sodium humate Humic acids, sodium salts 68131 04-4 2 3 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 30/83 Sodium oleate Sodium oleate 143-19 1 Sodium ricinoleate 9-Octadecenoic acid, 12 hydroxy-, monosodium salt, (9Z,12R) 5323 95-5 Sodium stearate Octadecanoic acid, sodium salt 822-16 2 Sodium sulfate Sodium sulfate 7757 82-6 Sorbitol D-glucitol 50-70-4 Soy protein Soy protein N/A Soya lecithins Lecithins, soya 8030 76-0 Soybean hulls Soybean hulls N/A Soybean meal Soybean meal 68308 36-1 Soybean, �our Soybean, �our 68513 95-1 Stearic acid Octadecanoic acid 57-11-4 Sulfur Sulfur 7704 34-9 Syrups, hydrolyzed starch, hydrogenated Syrups, hydrolyzed starch, hydrogenated 68425 17-2 Tetraglyceryl monooleate 9-Octadecenoic acid (9Z)-, monoester with tetraglycerol 71012 10-7 Tricalcium citrate Citric acid, calcium salt (2:3) 813-94 5 Triethyl citrate Citric acid, triethyl ester 77-93-0 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 31/83 Tripotassium citrate Citric acid, tripotassium salt 866-84 2 Tripotassium citrate monohydrate Citric acid, tripotassium salt, monohydrate 6100 05-6 Trisodium citrate Citric acid, trisodium salt 68-04-2 Trisodium citrate dehydrate Citric acid, trisodium salt, dehydrate 6132 04-3 Trisodium citrate pentahydrate Citric acid, trisodium salt, pentahydrate 6858 44-2 Ultramarine blue C.I. Pigment Blue 29 57455 37-5 Urea Urea 57-13-6 Vanillin Benzaldehyde, 4-hydroxy-3 methoxy 121-33 5 Vermiculite Vermiculite 1318 00-9 Vinegar Vinegar (maximum 8% acetic acid in solution) 8028 52-2 Vitamin C L-Ascorbic acid 50-81-7 Vitamin E Vitamin E 1406 18-4 Walnut �our Walnut �our N/A Walnut shells Walnut shells N/A Wheat Wheat N/A Wheat �our Wheat �our N/A Wheat germ oil Wheat germ oil 8006 95-9 Label display name Chemical name CAS No. 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 32/83 Wheat oil Oils, wheat 68917 73-7 Whey Whey 92129 90-3 White mineral oil White mineral oil (petroleum) 8042 47-5 Wintergreen oil Wintergreen oil 68917 75-9 Wollastonite Wollastonite (Ca(SiO )) 13983 17-0 Wool Wool N/A Xanthan gum Xanthan gum 11138 66-2 Yeast Yeast 68876 77-7 Zeolites Zeolites (excluding erionite (CAS Reg. No. 66733-21-9)) 1318 02-1 Zeolites, NaA Zeolites, NaA 68989 22-0 Zinc iron oxide Zinc iron oxide 12063 19-3 Zinc oxide Zinc oxide (ZnO) 1314 13-2 Zinc stearate Octadecanoic acid, zinc salt 557-05 1 3 (3) Other conditions of exemption. All of the following conditions must be met for products to be exempted under this section: (i) Each product containing the substance must bear a label identifying the label display name and percentage (by weight) of each active ingredient as listed in table 1 in paragraph (f)(1) of this section. Each product must also list all inert Label display name Chemical name CAS No. https://www.ecfr.gov/current/title-40/section-152.25#p-152.25(f)(1) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 33/83 [53 FR 15977, May 4, 1988, as amended at 59 FR 2751, Jan. 19, 1994; 61 FR 8878, Mar. 6, 1996; 66 FR 64764, Dec. 14, 2001; 71 FR 35545, June 21, 2006; 80 FR 80660, Dec. 28, 2015] § 152.30 Pesticides that may be transferred, sold, or distributed without registration. An unregistered pesticide, or a pesticide whose registration has been cancelled or suspended, may be dis-tributed or sold, or otherwise transferred, to the extent described by this section. ingredients by the label display name listed in table 2 in paragraph (f)(2)(iv) of this section. (ii) The product must not bear claims either to control or mitigate microorganisms that pose a threat to human health, including but not limited to disease transmitting bacteria or viruses, or claims to control insects or rodents carrying speci�c diseases, including, but not limited to ticks that carry Lyme disease. (iii) Company name and contact information. (A) The name of the producer or the company for whom the product was produced must appear on the product label. If the company whose name appears on the label in accordance with this paragraph is not the producer, the company name must be quali�ed by appropriate wording such as “Packed for [insert name],” “Distributed by [insert name], or “Sold by [insert name]” to show that the name is not that of the producer. (B) Contact information for the company speci�ed in accordance with paragraph (f)(3)(iii)(A) of this section must appear on the product label including the street address plus ZIP code and the telephone phone number of the location at which the company may be reached. (C) The company name and contact information must be displayed prominently on the product label. (iv) The product must not include any false and misleading labeling statements, including those listed in 40 CFR 156.10(a)(5)(i) through (viii). (4) Providing guidance. Guidance on minimum risk pesticides is available at http://www2.epa.gov/minimum-risk-pesticides or successor Web pages. (a) A pesticide transferred between registered establishments operated by the same producer. An unregistered pesticide may be transferred between registered establishments operated by the same producer. The pesticide as transferred must be labeled in accordance with part 156 of this chapter. (b) A pesticide transferred between registered establishments not operated by the same producer. An unregistered pesticide may be transferred between registered establishments not operated by the same producer if: (1) The transfer is solely for the purpose of further formulation, packaging, or labeling into a product that is registered; (2) Each active ingredient in the pesticide, at the time of transfer, is present as a result of incorporation into the pesticide of either: (i) A registered product; or https://www.federalregister.gov/citation/53-FR-15977 https://www.federalregister.gov/citation/59-FR-2751 https://www.federalregister.gov/citation/61-FR-8878 https://www.federalregister.gov/citation/66-FR-64764 https://www.federalregister.gov/citation/71-FR-35545 https://www.federalregister.gov/citation/80-FR-80660 https://www.ecfr.gov/current/title-40/section-152.25#p-152.25(f)(2)(iv) https://www.ecfr.gov/current/title-40/section-152.25#p-152.25(f)(3)(iii)(A) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(a)(5)(i) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(a)(5)(viii) http://www2.epa.gov/minimum-risk-pesticides https://www.ecfr.gov/current/title-40/part-156 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 34/83 Subpart C - Registration Procedures Source: 53 FR 15978, May 4, 1988, unless otherwise noted. § 152.40 Who may apply. Any person may apply for new registration of a pesticide product. Any registrant may apply for amendment of the registration of his product. § 152.42 Application for new registration. Any person seeking to obtain a registration for a new pesticide product must submit an application for registration, containing the information speci�ed in § 152.50. An application for new registration must be approved by the Agency before the product may legally be distributed or sold, except as provided by § 152.30. § 152.43 Alternate formulations. (ii) A pesticide that is produced by the registrant of the �nal product; and (3) The product as transferred is labeled in accordance with part 156 of this chapter. (c) A pesticide distributed or sold under an experimental use permit. (1) An unregistered pesticide may be distributed or sold in accordance with the terms of an experimental use permit issued under FIFRA sec. 5, if the product is labeled in accordance with § 172.6 of this chapter. (2) An unregistered pesticide may be distributed or sold in accordance with the provisions of § 172.3 of this chapter, pertaining to use of a pesticide for which an experimental use permit is not required, provided the product is labeled in accordance with part 156 of this chapter. (d) A pesticide transferred solely for export. An unregistered pesticide may be transferred within the United States solely for export if it meets the following conditions: (1) The product is prepared and packaged according to the speci�cations of the foreign purchaser; and (2) The product is labeled in accordance with part 156 of this chapter. (e) A pesticide distributed or sold under an emergency exemption. An unregistered pesticide may be distributed or sold in accordance with the terms of an emergency exemption under FIFRA sec. 18, if the product is labeled in accordance with part 156 of this chapter. (f) A pesticide transferred for purposes of disposal. An unregistered, suspended, or cancelled pesticide may be transferred solely for disposal in accordance with FIFRA sec. 19 or an applicable Administrator's order. The product must be labeled in accordance with part 156 of this chapter. (g) Existing stocks of a formerly registered product. A cancelled or suspended pesticide may be distributed or sold to the extent and in the manner speci�ed in an order issued by the Administrator concerning existing stocks of the pecticide. https://www.ecfr.gov/current/title-40/section-152.50 https://www.ecfr.gov/current/title-40/section-152.30 https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/section-172.6 https://www.ecfr.gov/current/title-40/section-172.3 https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/part-156 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 35/83 [53 FR 15978, May 4, 1988, as amended at 72 FR 61027, Oct. 26, 2007] § 152.44 Application for amended registration. (a) A product proposed for registration must have a single, de�ned composition, except that EPA may approve a basic formulation and one or more alternate formulations for a single product. (b) An alternate formulation must meet the criteria listed in paragraph (b) (1) through (4) of this section. The Agency may require the submission of data to determine whether the criteria have been met. (1) The alternate formulation must have the same certi�ed limits for each active ingredient as the basic formulation. (2) If the alternate formulation contains an inert ingredient or impurity of toxicological signi�cance, the formulation must have the same upper certi�ed limit for that substance as the basic formulation; (3) The label text of the alternate formulation product must be identical to that of the basic formulation. (4) The analytical method required under § 158.355 of this chapter must be suitable for use on both the basic formulation and the alternate formulation. (c) Notwithstanding the criteria in this section, the Agency may determine that an alternate formulation must be separately registered. If EPA makes this determination, the Agency will notify the applicant of its determination and its reasons. Thereafter the application for an alternate formulation will be treated as an application for new registration, and the alternate formulation will be assigned a new registration number. (a) Except as provided by § 152.46, any modi�cation in the composition, labeling, or packaging of a registered product must be submitted with an application for amended registration. The applicant must submit the information required by § 152.50, as applicable to the change requested. If an application for amended registration is required, the application must be approved by the Agency before the product, as modi�ed, may legally be distributed or sold. (b) In its discretion, the Agency may: (1) Waive the requirement for submission of an application for amended registration; (2) Require that the applicant certify to the Agency that he has complied with an Agency directive rather than submit an application for amended registration; or (3) Permit an applicant to modify a registration by noti�cation or non-noti�cation in accordance with § 152.46. (c) A registrant may at any time submit identical minor labeling amendments affecting a number of products as a single application if no data are required for EPA to approve the amendment (for example, a change in the wording of a storage statement for designated residential use products). A consolidated application must clearly identify the labeling modi�cation(s) to be made (which must be identical for all products included in the application), list the registration number of each product for which the modi�cation is requested, and provide required supporting materials (for example, labeling) for each affected product. https://www.federalregister.gov/citation/53-FR-15978 https://www.federalregister.gov/citation/72-FR-61027 https://www.ecfr.gov/current/title-40/section-152.43#p-152.43(b)(1) https://www.ecfr.gov/current/title-40/section-152.43#p-152.43(b)(4) https://www.ecfr.gov/current/title-40/section-158.355 https://www.ecfr.gov/current/title-40/section-152.46 https://www.ecfr.gov/current/title-40/section-152.50 https://www.ecfr.gov/current/title-40/section-152.46 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 36/83 [53 FR 15978, May 4, 1988, as amended at 61 FR 33041, June 26, 1996; 66 FR 64764, Dec. 14, 2001] § 152.46 Noti�ication and non-noti�ication changes to registrations. [61 FR 33041, June 26, 1996] § 152.50 Contents of application. Each application for registration or amended registration must include the following information, as applicable: (a) Changes permitted by noti�cation. (1) EPA may determine that certain minor modi�cations to registration having no potential to cause unreasonable adverse effects to the environment may be accomplished by noti�cation to the Agency, without requiring that the registrant obtain Agency approval. If EPA so determines, it will issue procedures following an opportunity for public comment describing the types of modi�cations permitted by noti�cation and any conditions and procedures for submitting noti�cations. (2) A registrant may modify a registration consistent with paragraph (a)(1) of this section and any procedures issued thereunder and distribute or sell the modi�ed product as soon as the Agency has received the noti�cation. Based upon the noti�cation, the Agency may require that the registrant submit an application for amended registration. If it does so, the Agency will notify the registrant and state its reasons for requiring an application for amended registration. Thereafter, if the registrant fails to submit an application the Agency may determine that the product is not in compliance with the requirements of the Act. Noti�cation under this paragraph is considered a report �led under the Act for the purposes of FIFRA section 12(a)(2)(M). (b) Changes permitted without noti�cation. EPA may determine that certain minor modi�cations to registration having no potential to cause unreasonable adverse effects to the environment may be accomplished without noti�cation to or approval by the Agency. If EPA so determines, it will issue procedures following an opportunity for public comment describing the types of amendments permitted without noti�cation (also known as non-noti�cation). A registrant may distribute or sell a product changed in a manner consistent with such procedures without noti�cation to or approval by the Agency. (c) Effect of non-compliance. Notwithstanding any other provision of this section, if the Agency determines that a product has been modi�ed through noti�cation or without noti�cation in a manner inconsistent with paragraphs (a) or (b) of this section and any procedures issued thereunder, the Agency may initiate regulatory and/or enforcement action without �rst providing the registrant with an opportunity to submit an application for amended registration. (a) Application form. An application form must be completed and submitted to the Agency. Application forms are provided by the Agency, with instructions as to the number of copies required and proper completion. (b) Identity of the applicant https://www.federalregister.gov/citation/53-FR-15978 https://www.federalregister.gov/citation/61-FR-33041 https://www.federalregister.gov/citation/66-FR-64764 https://www.federalregister.gov/citation/61-FR-33041 https://www.ecfr.gov/current/title-40/section-152.46#p-152.46(a)(1) https://www.ecfr.gov/current/title-40/section-152.46#p-152.46(a) https://www.ecfr.gov/current/title-40/section-152.46#p-152.46(b) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 37/83 (1) Name. The applicant must identify himself. An applicant not residing in the United States must also designate an agent in accordance with paragraph (b)(3) of this section to act on behalf of the applicant on all registration matters. (2) Address of record. The applicant must provide an address in the United States for correspondence purposes. The U.S. address provided will be considered the applicant's address of record, and EPA will send all correspondence concerning the application and any subsequent registration to that address. It is the responsibility of the applicant and any registrant under § 152.122 to ensure that the Agency has a current and accurate address. (3) Authorized agent. An applicant may designate a person residing in the United States to act as his agent. If an applicant wishes to designate an agent, he must send the Agency a letter stating the name and United States address of his agent. The applicant must notify the Agency if he changes his designated agent. This relationship may be terminated at any time by the applicant by notifying the Agency in writing. (4) Company number. If an applicant has been assigned a company number by the Agency, the application must reference that number. (c) Summary of the application. Each application must include a list of the data submitted with the application, together with a brief description of the results of the studies. The list of data submitted may be the same as the list required by § 158.32 or § 161.32, as applicable, of this chapter. The summary must state that it is releasable to the public after registration in accordance with § 152.119. (d) Identity of the product. The product for which application is being submitted must be identi�ed. The following information is required: (1) The product name; (2) The trade name(s) (if different); and (3) The EPA Registration Number, if currently registered. (e) Draft labeling. Each application for new registration must be accompanied by �ve legible copies of draft labeling (typescript or mock-up). Each application for amended registration that proposes to make any changes in the product labeling must be accompanied by �ve legible copies of draft labeling incorporating the proposed labeling changes. If the proposed labeling change affects only a portion of the labeling, such as the use directions, the applicant may submit �ve copies of that portion of the label which is the subject of the amendment. Upon request, an applicant for amended registration must submit a complete label to consolidate amendments. (f) Registration data requirements. (1) An applicant must submit materials to demonstrate that he has complied with the FIFRA sec. 3(c)(1)(F) and subpart E of this part with respect to satisfaction of data requirements, to enable the Agency to make the determination required by FIFRA sec. 3(c)(5)(B). Required items are described in subpart E of this part. (2) An applicant must furnish any data speci�ed in part 158 or part 161 of this chapter, as applicable, of this chapter which are required by the Agency to determine that the product meets the registration standards of FIFRA sec. 3(c)(5) or (7). Each study must comply with: (i) Section 158.32 of this chapter, with respect to format of data submission. https://www.ecfr.gov/current/title-40/section-152.50#p-152.50(b)(3) https://www.ecfr.gov/current/title-40/section-152.122 https://www.ecfr.gov/current/title-40/section-158.32 https://www.ecfr.gov/current/title-40/section-161.32 https://www.ecfr.gov/current/title-40/section-152.119 https://www.ecfr.gov/current/title-40/part-152/subpart-E https://www.ecfr.gov/current/title-40/part-152/subpart-E https://www.ecfr.gov/current/title-40/part-158 https://www.ecfr.gov/current/title-40/part-161 https://www.ecfr.gov/current/title-40/section-158.32 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 38/83 [53 FR 15978, May 4, 1988, as amended at 58 FR 34203, June 23, 1993; 60 FR 32096, June 19, 1995; 72 FR 61027, Oct. 26, 2007; 73 FR 75594, Dec. 12, 2008] § 152.55 Where to send applications and correspondence. Applications and correspondence relating to registration should be sent to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b). [71 FR 35545, June 21, 2006] (ii) Section 158.33 of this chapter, with respect to studies for which a claim of trade secret or con�dential business information is made. (iii) Section 158.34 of this chapter, with respect to �agging for potential adverse effects. (iv) Section 160.12 of this chapter, with respect to a statement whether studies were conducted in accordance with Good Laboratory Practices of part 160. (3) An applicant shall furnish with his application any factual information of which he is aware regarding unreasonable adverse effects of the pesticide on man or the environment, which would be required to be reported under FIFRA sec. 6(a)(2) if the product were registered. (g) Certi�cation relating to child-resistant packaging. If the product meets the criteria for child-resistant packaging, the applicant must submit a certi�cation that the product will be distributed or sold only in child-resistant packaging. Refer to part 157 of this chapter for the criteria and certi�cation requirements. (h) Request for classi�cation. If an applicant wishes to request a classi�cation different from that established by the Agency, he must submit a request for such classi�cation and information supporting the request. (i) Statement concerning tolerances. (1) If the proposed labeling bears instructions for use of the pesticide on food or feed crops, or if the intended use of the pesticide results or may be expected to result, directly or indirectly, in pesticide chemical residues in or on food or feed (including residues of any active ingredient, inert ingredient, metabolite, or degradation product), the applicant must submit a statement indicating whether such residues are authorized by a tolerance or exemption from the requirement of a tolerance issued under section 408 of the Federal Food, Drug and Cosmetic Act (FFDCA). (2) If such residues have not been authorized, the application must be accompanied by a petition for establishment of appropriate tolerances or exemptions from the requirement of a tolerance, in accordance with part 180 of this chapter. (j) Fees. (1) The applicant shall identify the appropriate fee category in the schedule provided for by FIFRA sec. 33, and shall submit the fee for that category as prescribed by the latest EPA notice of section 33 fees. (2) If FIFRA sec. 33 is not in effect, the applicant shall submit any fees required by subpart U of this part, if applicable. https://www.federalregister.gov/citation/53-FR-15978 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/60-FR-32096 https://www.federalregister.gov/citation/72-FR-61027 https://www.federalregister.gov/citation/73-FR-75594 https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) https://www.federalregister.gov/citation/71-FR-35545 https://www.ecfr.gov/current/title-40/section-158.33 https://www.ecfr.gov/current/title-40/section-158.34 https://www.ecfr.gov/current/title-40/section-160.12 https://www.ecfr.gov/current/title-40/part-157 https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/part-152/subpart-U 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 39/83 Subpart D [Reserved] Subpart E - Satisfaction of Data Requirements and Protection of Data Submitters' Rights Source: 49 FR 30903, Aug. 1, 1984, unless otherwise noted. § 152.80 General. This subpart E describes the information that an applicant must submit with his application for registration or amended registration to comply (and for the Agency to determine compliance) with the provisions of FIFRA sec. 3(c)(1)(F). This subpart also describes the procedures by which data submitters may challenge registration actions which allegedly failed to comply with these procedures. If the Agency determines that an applicant has failed to comply with the requirements and procedures in this subpart, the application may be denied. If the Agency determines, after registration has been issued, that an applicant failed to comply with these procedures and requirements, the Agency may issue a notice of intent to cancel the product's registration. [73 FR 75594, Dec. 12, 2008] § 152.81 Applicability. (a) Except as provided in paragraph (b) of this section, the requirements of this subpart apply to: (1) Each application for registration of a new product. (2) Each application for amended registration of a currently registered product. (3) Each submission in response to a Data Call-In under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3(c)(2)(B) for an existing registration, including but not limited to, a product subject to reregistration under FIFRA section 4 or registration review under FIFRA section 3(g). If the Data Call-In establishes procedures for protection of data submitters' rights, recipients must comply with the speci�c requirements of the Data Call-In rather than the generic procedures set forth in §§ 152.85 through 152.96. (b) This subpart does not apply to any of the following: (1) An application for registration submitted to a State under FIFRA section 24(c). (2) An application for an experimental use permit (EUP) under FIFRA section 5. (3) An application for an emergency exemption under FIFRA section 18. (4) A request for cancellation of a registration, or a request for deletion of one or more existing uses, under FIFRA section 6(f). (5) A modi�cation to registration of a currently registered product that may be accomplished under the noti�cation or non-noti�cation provisions of § 152.46 and any procedures issued thereunder. Notwithstanding the preceding sentence, https://www.federalregister.gov/citation/73-FR-75594 https://www.ecfr.gov/current/title-40/section-152.81#p-152.81(b) https://www.ecfr.gov/current/title-40/section-152.85 https://www.ecfr.gov/current/title-40/section-152.96 https://www.ecfr.gov/current/title-40/section-152.46 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 40/83 [79 FR 6824, Feb. 5, 2014] § 152.82 De�initions. For the purposes of this subpart, the de�nitions set forth in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), in § 152.3, and in this section apply. In addition, the term “exclusive use study” shall have the meaning set forth in § 152.83. Data gap means the absence of any valid study or studies in the Agency's �les which would satisfy a speci�c data requirement for a particular pesticide product. Data Submitters List means the current Agency list, entitled “Pesticide Data Submitters by Chemical,” of persons who have submitted data to the Agency. Original data submitter means the person who possesses all rights to exclusive use or compensation under FIFRA section 3(c)(1)(F) in a study originally submitted in support of an application for registration, amended registration, reregistration, or experimental use permit, or to maintain an existing registration in effect. The term includes the person who originally submitted the study, any person to whom the rights under FIFRA section 3(c)(1)(F) have been transferred, or the authorized representative of a group of joint data developers. Valid study means a study that has been conducted in accordance with the Good Laboratory Practice standards of 40 CFR part 160 or generally accepted scienti�c methodology and that EPA has not determined to be invalid. [49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008. Redesignated and amended at 79 FR 6825, Feb. 5, 2014] § 152.83 De�inition of exclusive use study. A study is an exclusive use study if it meets the conditions of either paragraph (a) or paragraph (b) of this section. compliance with this subpart is required if the Administrator has, by written notice under § 152.46, determined that the modi�cation may not be accomplished by noti�cation or non-noti�cation. (6) Any type of amendment if the Administrator determines, by written �nding, that Agency consideration of data would not be necessary in order to approve the amendment under FIFRA section 3(c)(5). (7) Compliance with Agency regulations, adjudicatory hearing decisions, notices, or other Agency announcements that unless the registration is amended in the manner the Agency proposes, the product's registration will be suspended or canceled, or that a hearing will be held under FIFRA section 6. However, this paragraph does not apply to amendments designed to avoid cancellation or suspension threatened under FIFRA section 3(c)(2)(B) or because of failure to submit data. (a) Initial exclusive use period. A study submitted to support the registration of a product containing a new active ingredient (new chemical) or a new combination of active ingredients (new combination) is an exclusive use study if all the following conditions are met: https://www.federalregister.gov/citation/79-FR-6824 https://www.ecfr.gov/current/title-40/section-152.3 https://www.ecfr.gov/current/title-40/section-152.83 https://www.ecfr.gov/current/title-40/part-160 https://www.federalregister.gov/citation/49-FR-30903 https://www.federalregister.gov/citation/73-FR-75595 https://www.federalregister.gov/citation/79-FR-6825 https://www.ecfr.gov/current/title-40/section-152.83#p-152.83(b) https://www.ecfr.gov/current/title-40/section-152.46 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 41/83 [79 FR 6825, Feb. 5, 2014] § 152.84 When materials must be submitted to the Agency. Information and materials required by this subpart must be submitted at the time of application, unless the application is determined not to be subject to the requirements of this subpart. [79 FR 6825, Feb. 5, 2014] § 152.85 Formulators' exemption. (1) The study pertains to a new active ingredient (new chemical) or new combination of active ingredients (new combination) �rst registered after September 30, 1978. (2) The study was submitted in support of, or as a condition of approval of, the application resulting in the �rst registration of a product containing such new chemical or new combination, or an application to amend such registration to add a new use. (3) Less than 10 years have passed (or up to 13 years, if the period of exclusive use protection has been extended under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3(c)(1)(F)(ii)) since the issuance of the registration for which the data were submitted. (4) The study was not submitted to satisfy a data requirement imposed under FIFRA section 3(c)(2)(B). (b) Exclusive use period for certain minor use data. A study submitted by an applicant or registrant to support an amendment adding a new minor use to an existing registration that does not retain any period of exclusive use under paragraph (b)(1) of this section is an exclusive study under FIFRA section 3(c)(1)(F)(vi) if all the following conditions are met: (1) The study relates solely to a minor use of a pesticide. (2) The applicant or registrant at the time the new use is requested has noti�ed the Administrator that any exclusive use period for the pesticide has expired and that the study is eligible for exclusive use treatment. (3) Less than 10 years have passed since the study was submitted to EPA. (4) The study was not submitted to satisfy a data requirement imposed under FIFRA section 3(c)(2)(B). (5) The minor use supported by the data has not been voluntarily canceled nor have such data been used to support a non-minor use. (a) Statutory provision. FIFRA section 3(c)(2)(D) excuses an applicant from the requirement to submit or cite data pertaining to any pesticide contained in his product that is derived solely from one or more EPA-registered products which the applicant purchases from another person. This provision is commonly referred to as the formulators' exemption. (b) Applicability of the formulators' exemption. https://www.federalregister.gov/citation/79-FR-6825 https://www.federalregister.gov/citation/79-FR-6825 https://www.ecfr.gov/current/title-40/section-152.83#p-152.83(b)(1) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 42/83 (1) The formulators' exemption applies only to data concerning the purchased product or its ingredients. These data may include, but are not limited to, product chemistry, toxicology, residue chemistry, exposure, environmental fate, and ecological effects. (2) The data to which the formulators' exemption applies usually will concern the safety of one or more of the product's active ingredients, speci�cally, those active ingredients which are contained in the purchased product. In general, data for which the required test substance is the technical grade of the active ingredient, the pure active ingredient, the radiolabeled pure active ingredient, or a typical end-use product are eligible for the formulators' exemption. (3) The formulators' exemption generally does not apply to data on the applicant's product itself, including the safety or e�cacy of the product, unless the composition of the product is identical to the purchased product. In general, data for which the required test substance is the product proposed for registration are not eligible for the formulators' exemption. (c) Limitation of the formulators' exemption. EPA interprets FIFRA section 3(c)(2)(D) as allowing an applicant to use the formulators' exemption with respect to data concerning an ingredient of his product only if: (1) The application indicates that the ingredient's presence in the product is attributable solely to the purchase from another person of an identi�ed, registered product containing that ingredient and the use of the purchased product in formulating the product; and (2) The purchased product is a registered manufacturing-use product whose label does not prohibit its use for making an end-use product labeled for any use for which the applicant's product will be labeled; or (3) The purchased product is a registered end-use product labeled for each use for which the applicant's product will be labeled. (d) Claiming eligibility for the exemption. (1) If the product contains one or more ingredients eligible for the formulators' exemption, the applicant need not comply with the requirements of §§ 152.90 through 152.96 with respect to any data requirement pertaining to such ingredient, provided that he submits to the Agency a certi�cation statement containing the following information (a form for this purpose is available from the Agency): (i) Identi�cation of the applicant, and of the product by EPA registration number or �le symbol. (ii) Identi�cation of each ingredient in the pesticide that is eligible for the formulators' exemption, and the EPA registration number of the product that is the source of that ingredient. (iii) A statement that the listed ingredients meet the requirements for the formulators' exemption. (iv) A statement that the applicant has submitted (either previously or with the current application) a complete, accurate and current Con�dential Statement of Formula. (v) The name, title and signature of the applicant or his authorized representative and the date of signature. https://www.ecfr.gov/current/title-40/section-152.90 https://www.ecfr.gov/current/title-40/section-152.96 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 43/83 [72 FR 61027, Oct. 26, 2007] § 152.86 The cite-all method. An applicant may comply with this subpart by citing all data in Agency �les that are pertinent to its consideration of the requested registration under FIFRA section 3(c)(5), in accordance with the procedures in this section, as applicable. (2) An applicant for amended registration is not required to submit a new formulators' exemption statement, if the current statement in Agency �les is complete and accurate. (e) Approval of registration. Notwithstanding FIFRA section 3(c)(2)(D), EPA will not approve an application unless there are available to EPA for its review all data that are necessary to make the required risk/bene�t �nding under FIFRA section 3(c)(5) or section 3(c)(7). (a) Exclusive use studies. The applicant must certify to the Agency that he has obtained, from each person listed on the Data Submitters List as an exclusive use data submitter for the chemical in question, a written authorization that contains at least the following information: (1) Identi�cation of the applicant to whom the authorization is granted; (2) Authorization to the applicant to use all pertinent studies in satisfaction of data requirements for the application in question; and (3) The signature and title of the original data submitter or his authorized representative and date of the authorization. If the Agency identi�es any exclusive use data submitter not on the Data Submitters List, the applicant will be required prior to registration to obtain the necessary written authorization from such person. (b) Other studies. The applicant must certify to the Agency that, with respect to each other person on the Data Submitters List for the chemical in question: (1) He has obtained from that person a written authorization that contains the information required by paragraphs (a) (1) through (3) of this section; or (2) He has furnished to that person: (i) A noti�cation of his intent to apply for registration, including the name of the proposed product, and a list of the product's active ingredients; (ii) An offer to pay the person compensation to the extent required by FIFRA section 3(c)(1)(F) for any data on which the application relies; (iii) An offer to commence negotiations to determine the amount and terms of compensation, if any, to be paid for the use of any study; and (iv) The applicant's name, address, and contact information, including telephone number and email address. (c) General offer to pay statement. The applicant must submit to the Agency the following general offer to pay statement: https://www.federalregister.gov/citation/72-FR-61027 https://www.ecfr.gov/current/title-40/section-152.86#p-152.86(a)(1) https://www.ecfr.gov/current/title-40/section-152.86#p-152.86(a)(3) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 44/83 [Name of applicant] hereby offers and agrees to pay compensation to other persons, with regard to the approval of this application, to the extent required by FIFRA section 3(c)(1)(F) of the Federal Insecticide, Fungicide and Rodenticide Act. [49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008; 79 FR 6825, Feb. 5, 2014] § 152.90 The selective method. An applicant may comply with this subpart by listing the speci�c data requirements that apply to his product, its active ingredients, and use patterns, and demonstrating his compliance for each data requirement by submitting or citing individual studies, or by demonstrating that no study has previously been submitted to the Agency. This section summarizes the procedures that an applicant must follow if he chooses the selective method of demonstrating compliance. Sections 152.91 through 152.96 contain speci�c procedures for citing or submitting a study or claiming a data gap. (d) Acknowledgement of reliance on data. Each application �led under this section shall include an acknowledgement that for purposes of FIFRA section 3(c)(1)(F) the application relies on the following data: (1) All data submitted with or speci�cally cited in the application; and (2) Each other item of data in the Agency's �les which: (i) Concerns the properties or effects of the applicant's product, of any product which is identical or substantially similar to the applicant's product, or of one or more of the active ingredients in the applicant's product; and (ii) Is one of the types of data that EPA would require to be submitted if the application sought the initial registration under FIFRA section 3(c)(5) of a product with composition and intended uses identical or substantially similar to the applicant's product, under the data requirements in effect on the date EPA approves the applicant's present application. (a) List of data requirements. (1) Each applicant must submit a list of the data requirements that would apply to his pesticide, its active ingredients, and its use patterns, if the product were being proposed for registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3(c)(5) for the �rst time. (2) The applicant must list the applicable requirements, as prescribed by part 158 of this chapter, as applicable. All required (R) studies, and any studies that could be conditionally required (CR) based upon composition, use pattern, or the results of required studies, are to be listed. The applicant need not list data requirements pertaining to any ingredient which quali�es for the formulators' exemption. (b) Methods of demonstrating compliance. The applicant must state for each data requirement on the list required by paragraph (a) of this section which of the following methods of compliance with the requirement he is using, and shall provide the supporting documentation speci�ed in the referenced section. (1) Existence of or granting of a data waiver. Refer to § 152.91. (2) Submission of a new valid study. Refer to § 152.92. https://www.federalregister.gov/citation/49-FR-30903 https://www.federalregister.gov/citation/73-FR-75595 https://www.federalregister.gov/citation/79-FR-6825 https://www.ecfr.gov/current/title-40/part-158 https://www.ecfr.gov/current/title-40/section-152.90#p-152.90(a) https://www.ecfr.gov/current/title-40/section-152.91 https://www.ecfr.gov/current/title-40/section-152.92 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 45/83 [49 FR 30903, Aug. 1, 1984, as amended at 72 FR 61028, Oct. 26, 2007; 79 FR 6825, Feb. 5, 2014] § 152.91 Waiver of a data requirement. The applicant may demonstrate compliance for a data requirement by documenting the existence of a waiver in accordance with paragraph (a) of this section, or by being granted a new waiver requested in accordance with paragraph (b) of this section. [49 FR 30903, Aug. 1, 1984, as amended at 72 FR 61028, Oct. 26, 2007; 79 FR 6825, Feb. 5, 2014] § 152.92 Submission of a new valid study. An applicant may demonstrate compliance for a data requirement by submitting a valid study that has not previously been submitted to the Agency. A study previously submitted to the Agency should not be resubmitted but should be cited in accordance with § 152.93. § 152.93 Citation of a previously submitted valid study. An applicant may demonstrate compliance for a data requirement by citing a valid study previously submitted to the Agency. The study is not to be submitted to the Agency with the application. (3) Citation of a speci�c valid study previously submitted to the Agency by the applicant or another person, with any necessary written authorizations or offers to pay. Refer to § 152.93. (4) Citation of a public literature study. Refer to § 152.94. (5) Citation of all pertinent studies previously submitted to the Agency, with any necessary written authorizations or offers to pay. Refer to § 152.95. (6) Claim of data gap. Refer to § 152.96. (a) Request for an extension of an existing waiver. An applicant may claim that a waiver previously granted by the Agency also applies to a data requirement for the product. To document this claim, the applicant must provide a reference to the Agency record that describes the previously granted waiver, such as an Agency list of waivers or an applicable Reregistration Eligibility Decision (RED) document or registration review decision document, and explain why that waiver should apply to the product. (b) Request for a new waiver. An applicant who requests a waiver to satisfy a data requirement must submit the information speci�ed in 40 CFR 158.45 or 40 CFR 161.45. (c) Effect of denial of waiver request. A decision by the Agency to deny a written request for a new waiver or an extension of an existing waiver is a �nal Agency action. Following denial, the applicant must choose another method of satisfying the data requirement. (a) Study originally submitted by the applicant. If the applicant certi�es that he is the original data submitter, no documentation other than the citation is necessary. (b) Study previously submitted by another person. If the applicant is not the original data submitter, the applicant may cite the study only in accordance with paragraphs (b) (1) through (3) of this section. https://www.federalregister.gov/citation/49-FR-30903 https://www.federalregister.gov/citation/72-FR-61028 https://www.federalregister.gov/citation/79-FR-6825 https://www.ecfr.gov/current/title-40/section-152.91#p-152.91(a) https://www.ecfr.gov/current/title-40/section-152.91#p-152.91(b) https://www.federalregister.gov/citation/49-FR-30903 https://www.federalregister.gov/citation/72-FR-61028 https://www.federalregister.gov/citation/79-FR-6825 https://www.ecfr.gov/current/title-40/section-152.93 https://www.ecfr.gov/current/title-40/section-152.93 https://www.ecfr.gov/current/title-40/section-152.94 https://www.ecfr.gov/current/title-40/section-152.95 https://www.ecfr.gov/current/title-40/section-152.96 https://www.ecfr.gov/current/title-40/section-158.45 https://www.ecfr.gov/current/title-40/section-161.45 https://www.ecfr.gov/current/title-40/section-152.93#p-152.93(b)(1) https://www.ecfr.gov/current/title-40/section-152.93#p-152.93(b)(3) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 46/83 [49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008; 79 FR 6825, Feb. 5, 2014] § 152.94 Citation of a public literature study or study generated at government expense. (1) Citation with authorization of original data submitter. The applicant may cite any valid study for which he has obtained the written authorization of the original data submitter. The applicant must obtain written authorization to cite any study that is an exclusive use study. The applicant must certify that he has obtained from the original data submitter a written authorization that contains at least the following information: (i) Identi�cation of the applicant to whom the authorization is granted; (ii) Identi�cation by title, EPA Accession Number or Master Record Identi�cation Number, and date of submission, of the study or studies for which the authorization is granted; (iii) Authorization to the applicant to use the speci�ed study in satisfaction of the data requirement for the application in question; and (iv) The signature and title of the original data submitter or his authorized representative, and date of the authorization. (2) Citation with offer to pay compensation to the original data submitter. The applicant may cite any valid study that is not subject to the exclusive use provisions of FIFRA section 3(c)(1)(F)(i) without written authorization from the original data submitter if the applicant certi�es to the Agency that he has furnished to the original data submitter: (i) A noti�cation of the applicant's intent to apply for registration, including the proposed product name and a list of the product's active ingredients; (ii) Identi�cation of the speci�c data requirement involved and of the study for which the offer to pay is made (by title, EPA Accession Number or Master Record Identi�cation Number, and date of submission, if possible); (iii) An offer to pay the person compensation to the extent required by FIFRA section 3(c)(1)(F); (iv) An offer to commence negotiations to determine the amount and terms of compensation, if any, to be paid for the use of the study; and (v) The applicant's name, address, and contact information, including a telephone number and email address. (3) Citation without authorization or offer to pay. The applicant may cite any valid study without written authorization from, or offer to pay to, the original data submitter if the study was originally submitted to the Agency on or before the date that is 15 years before the date of the application for which it is cited, and the study is not an exclusive use study, as de�ned in § 152.83(c). (a) An applicant may demonstrate compliance for a data requirement by citing, and submitting to the Agency, one of the following: (1) A valid study from the public literature. https://www.federalregister.gov/citation/49-FR-30903 https://www.federalregister.gov/citation/73-FR-75595 https://www.federalregister.gov/citation/79-FR-6825 https://www.ecfr.gov/current/title-40/section-152.83#p-152.83(c) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 47/83 [49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008] § 152.95 Citation of all studies in the Agency's �iles pertinent to a speci�ic data requirement. An applicant normally may demonstrate compliance for a data requirement by citation of all studies in the Agency's �les pertinent to that data requirement. The applicant who selects this cite-all option must submit to the Agency: [49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008; 79 FR 6825, Feb. 5, 2014] § 152.96 Claim of data gap. (2) A valid study generated by, or at the expense of, any government (Federal, State, or local) agency. (b) In no circumstances does submission of a public literature study or government generated study confer any rights on the data submitter to exclusive use of data or compensation under FIFRA section 3(c)(1)(F). (a) A general offer to pay statement having the same wording as that speci�ed in § 152.86(c) except that the offer to pay may be limited to apply only to data pertinent to the speci�c data requirement(s) for which the cite-all method of support has been selected; (b) A certi�cation that: (1) For each person who is included on the Data Submitters List as an original data submitter of exclusive use data for the active ingredient in question, the applicant has obtained a written authorization containing the information required by § 152.86(a) for the use the any exclusive use study that would be pertinent to the applicant's product; and (2) For each person included on the current Data Submitters List as an original data submitter of data that are not exclusive use for the active ingredient in question, the applicant has furnished: (i) A noti�cation of the applicant's intent to apply for registration, including the name of the proposed product, and a list of the product's active ingredients; (ii) Identi�cation of the speci�c data requirement(s) for which the offer to pay for data is being made; (iii) An offer to pay the person compensation to the extent required by FIFRA section 3(c)(1)(F); (iv) An offer to commence negotiations to determine the amount and terms of compensation, if any, to be paid for use of any study; and (v) The applicant's name, address, and contact information, including a telephone number and email address. (c) An acknowledgment having the same wording as that speci�ed in § 152.86(d), except that it may be limited to apply only to data pertinent to the speci�c data requirement(s) for which the cite-all method of support has been selected. https://www.federalregister.gov/citation/49-FR-30903 https://www.federalregister.gov/citation/73-FR-75595 https://www.federalregister.gov/citation/49-FR-30903 https://www.federalregister.gov/citation/73-FR-75595 https://www.federalregister.gov/citation/79-FR-6825 https://www.ecfr.gov/current/title-40/section-152.86#p-152.86(c) https://www.ecfr.gov/current/title-40/section-152.86#p-152.86(a) https://www.ecfr.gov/current/title-40/section-152.86#p-152.86(d) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 48/83 [79 FR 6826, Feb. 5, 2014] § 152.97 Rights and obligations regarding the Data Submitters List. (a) When a data gap may be claimed. Except as provided in paragraph (b) of this section, an applicant may defer his obligation to satisfy an applicable data requirement until the Agency requires the data if no other person has previously submitted to the Agency a valid study that would satisfy the data requirement in question. (b) When a data gap may not be claimed (1) Product containing a new active ingredient. An applicant for registration of a product containing a new active ingredient may not defer his obligation by claiming a data gap unless he can demonstrate to the Agency's satisfaction that the data requirement was imposed so recently that insu�cient time has elapsed for the study to have been completed and that, in the public interest, the product should be registered during the limited period of time required to complete the study. Refer to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3(c)(7)(C). (2) Product not containing a new active ingredient. An applicant for registration of a product under FIFRA sections 3(c)(7)(A) or (B) (a product not containing a new active ingredient) may not defer his obligation by claiming a data gap if the data are: (i) Data needed to determine whether the product is identical or substantially similar to another currently registered product or differs only in ways that would substantially increase the risk of unreasonable adverse effects on the environment. (ii) E�cacy data speci�c to the product, if required to be submitted to the Agency. (iii) If a new use is proposed for a product that is identical or substantially similar to an existing product, data to demonstrate whether the new use would substantially increase the risk of unreasonable adverse effects on the environment. (c) Approval of application with a data gap claim (1) In accordance with § 152.115(a), any registration that is approved based upon a data gap claim shall be conditioned on the submission of the data no later than the time that the data are required to be submitted for similar products already registered. (2) Notwithstanding paragraph (c)(1) of this section, the Agency will not approve an application if it determines that the data for which a data gap claim has been made are needed to determine if the product meets the requirements of FIFRA sections 3(c)(5) or (7). (a) Each original data submitter shall have the right to be included on the Agency's Data Submitters List. (b) Each original data submitter who wishes to have his name added to the current Data Submitters List must submit to the Agency the following information: (1) Name and current address. (2) Chemical name, common name (if any) and Chemical Abstracts Service (CAS) number (if any) of the active ingredients(s), with respect to which he is an original data submitter. https://www.federalregister.gov/citation/79-FR-6826 https://www.ecfr.gov/current/title-40/section-152.96#p-152.96(b) https://www.ecfr.gov/current/title-40/section-152.115#p-152.115(a) https://www.ecfr.gov/current/title-40/section-152.96#p-152.96(c)(1) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 49/83 [79 FR 6826, Feb. 5, 2014] § 152.98 Procedures for transfer of exclusive use or compensation rights to another person. A person who possesses rights to exclusive use or compensation under FIFRA section 3(c)(1)(F) may transfer such rights to another person in accordance with this section. (3) For each such active ingredient, the type(s) of study he has previously submitted (identi�ed by reference to data/information requirements listed in part 158 of this chapter), the date of submission, and the EPA registration number, �le symbol, or other identifying reference for which it was submitted. (c) Each applicant not already included on the Data Submitters List for a particular active ingredient must inform the Agency at the time of the submission of a relevant study whether he wishes to be included on the Data Submitters List for that pesticide. (a) The original data submitter must submit to the Agency a transfer document that contains the following information: (1) The name, address and state of incorporation (if any) of the original data submitter (the transferor); (2) The name, address and state of incorporation (if any) of the person to whom the data rights are being transferred (the transferee); (3) Identi�cation of each item of data transferred including: (i) The name of the study or item of data; (ii) Whether the study is an exclusive use study, and, if so, when the period of exclusive use protection expires; (iii) The name of the person or laboratory that conducted the study; (iv) The date the study was submitted to the Agency; (v) The EPA document number assigned to the item of data (the Master Record Identi�cation Number or Accession Number), if known. If not known, the EPA administrative number (such as the EPA Registration Number, petition number, �le symbol, or permit number) with which the item of data was submitted, such that the Agency can identify the item of data. (vi) A statement that the transferor transfers irrevocably to the transferee all rights, titles, and interest in the items of data named; (vii) A statement that the transferor and transferee understand that any false statement may be punishable under 18 U.S.C. 1001; and (viii) The names, signatures and titles of the transferor and transferee, and the date signed. (b) In addition, the original data submitter must submit to the Agency a notarized statement a�rming that: (1) The person signing the transfer agreement is authorized by the original data submitter to bind the data submitter; https://www.federalregister.gov/citation/79-FR-6826 https://www.ecfr.gov/current/title-40/part-158 https://www.govinfo.gov/link/uscode/18/1001 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 50/83 [49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008] § 152.99 Petitions to cancel registration. An original data submitter may petition the Agency to deny or cancel the registration of a product in accordance with this section if he has submitted to the Agency a valid study which, he claims, satis�es a data requirement that an applicant purportedly has failed to satisfy. (2) No court order prohibits the transfer, and any required court approvals have been obtained; and (3) The transfer is authorized under Federal, State, and local law and relevant corporate charters, bylaws or partnership agreements. (c) The Agency will acknowledge the transfer of the data by notifying both transferor and transferee, and will state the effective date of the transfer. Thereafter the transferee will be considered to be the original data submitter of the items of data transferred for all purposes under FIFRA section 3(c)(1)(F), unless a new transfer agreement is submitted to the Agency. (a) Grounds for petition. (1) If an applicant has offered to pay compensation to an original data submitter of a study (either speci�cally or by �ling a general offer to pay statement), the original data submitter may petition the Agency to deny or cancel the registration to which the offer related on any of the following grounds: (i) The applicant has failed to participate in an agreed-upon procedure for reaching an agreement on the amount and terms of compensation. The petitioner shall submit a copy of the agreed-upon procedure and describe the applicant's failure to participate in the procedure. (ii) The applicant has failed to comply with the terms of an agreement on compensation. The petitioner shall submit a copy of the agreement, and shall describe how the applicant has failed to comply with the agreement. (iii) The applicant has failed to participate in an arbitration proceeding. The petitioner shall submit evidence of such failure. (iv) The applicant has failed to comply with the terms of an arbitration decision. The petitioner shall submit a copy of the arbitration decision, and describe how the applicant has failed to comply with the decision. (2) When no offer to pay has been made, the petitioner shall state in his petition the basis for the challenge, and describe how the failure of the applicant to comply with the procedures of this subpart has deprived him of the rights accorded him under FIFRA section 3(c)(1)(F). Possible grounds for challenge include, but are not limited to, the following: (i) The applicant has failed to list a data requirement applicable to his product, or has failed to demonstrate compliance with all applicable data requirements. (ii) The applicant has submitted or cited a study that is not valid. (iii) The applicant has submitted or cited a study that does not satisfy the data requirement for which it was submitted or cited. https://www.federalregister.gov/citation/49-FR-30903 https://www.federalregister.gov/citation/73-FR-75595 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 51/83 [49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008; 79 FR 6826, Feb. 5, 2014] Subpart F - Agency Review of Applications Source: 53 FR 15980, May 4, 1988, unless otherwise noted. (iv) The applicant has falsely or improperly claimed that a data gap existed at the time of his application. (v) The applicant has submitted or cited a study originally submitted by the petitioner, without the required authorization or offer to pay. (b) Procedure for petition to the Agency (1) Time for �ling. A petition under paragraph (a)(1) of this section may be �led at any time that the circumstances warrant. A petition under paragraph (a)(2) of this section must be �led within one year after the Agency makes public the issuance of the registration. (2) Notice to affected registrant. At the same time that the petitioner �les his petition with the Agency, the petitioner shall send a copy to the affected applicant or registrant by certi�ed mail or by any other method that provides evidence of delivery. The affected applicant or registrant shall have 60 days from the date of receipt of the petition to submit written comments to the Agency. (c) Disposition of petitions. The Agency will consider the material submitted by the petitioner and the response, if any, by the affected applicant or registrant. (1) If the Agency determines that the petition is without merit, it will inform the petitioner and the affected applicant or registrant that the petition is denied. Denial of a petition is a �nal Agency action. (2) If the Agency determines that an applicant has acted in any way described by paragraph (a)(1) of this section, the Agency will notify the petitioner and the affected applicant or registrant that it intends to deny or cancel the registration of the product in support of which the data were cited. The affected applicant or registrant will have 15 days from the date of delivery of this notice to respond. If the Agency determines, after considering any response, that the affected applicant or registrant has acted in the ways described by paragraph (a)(1) of this section, the Agency will deny or cancel the registration without further hearing. Refer to FIFRA section 3(c)(1)(F)(ii). Denial or cancellation of a registration is a �nal Agency action. (3) Except as provided in paragraph (c)(2) of this section, if the Agency determines that an applicant for registration of a product has acted in any way that deprives an original data submitter of rights under FIFRA section 3(c)(1)(F), the Agency will take steps to deny the application or cancel the registration, as appropriate. The procedures in FIFRA section 3(c)(6) or section 6(b) shall be followed. Denial or cancellation is a �nal Agency action. (d) Hearing. Any hearing will be conducted in accordance with the procedures in 40 CFR part 164. The only matter for resolution at the hearing shall be whether the registrant failed to comply with the requirements and procedures of FIFRA section 3(c)(1)(F) or of this subpart, in the manner described by the petitioner. A decision following a hearing shall be �nal. https://www.federalregister.gov/citation/49-FR-30903 https://www.federalregister.gov/citation/73-FR-75595 https://www.federalregister.gov/citation/79-FR-6826 https://www.ecfr.gov/current/title-40/section-152.99#p-152.99(a)(1) https://www.ecfr.gov/current/title-40/section-152.99#p-152.99(a)(2) https://www.ecfr.gov/current/title-40/section-152.99#p-152.99(a)(1) https://www.ecfr.gov/current/title-40/section-152.99#p-152.99(a)(1) https://www.ecfr.gov/current/title-40/section-152.99#p-152.99(c)(2) https://www.ecfr.gov/current/title-40/part-164 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 52/83 § 152.100 Scope. § 152.102 Publication. The Agency will issue in the FEDERAL REGISTER a notice of receipt of each application for registration of a product that contains a new active ingredient or that proposes a new use. After registration of the product, the Agency will issue in the FEDERAL REGISTER a notice of issuance. The notice of issuance will describe the new chemical or new use, summarize the Agency's regulatory conclusions, list missing data and the conditions for their submission, and respond to comments received on the notice of application. § 152.104 Completeness of applications. The applicant is responsible for the accuracy and completeness of all information submitted in connection with the application. The Agency will review each application to determine whether it is complete. An application is incomplete if any pertinent item speci�ed in § 152.50 has not been submitted, or has been incorrectly submitted (for example, data required by part 158, or part 161 of this chapter, as applicable, and not submitted in accordance with the requirements for format, claims of con�dential business information, or �agging). [72 FR 61028, Oct. 26, 2007] § 152.105 Incomplete applications. The Agency will not begin or continue the review of an application that is incomplete. If the Agency determines that an application is incomplete or that further information is needed in order to complete the Agency's review, the Agency will notify the applicant of the de�ciencies and allow the applicant 75 days to make corrections or additions to complete the application. If the applicant believes that the de�ciencies cannot be corrected within 75 days, he must notify the Agency within those 75 days of the date on which he expects to complete the application. If, after 75 days, the applicant has not responded, or if the applicant subsequently fails to complete the application within the time scheduled for completion, the Agency will terminate any action on such application, and will treat the application as if it had been withdrawn by the applicant. Any subsequent submission relating to the same product must be submitted as a new application. § 152.107 Review of data. (a) The Agency will follow the procedures in this subpart for all applications for registration, except an application for registration of a pesticide that has been the subject of a previous Agency cancellation or suspension notice under FIFRA sec. 6. (b) The Agency will follow the procedures of subpart D of part 164 of this chapter in evaluating any application for registration of a pesticide involving use of the pesticide in a manner that is prohibited by a suspension or cancellation order, to the extent required by subpart D of part 164. (a) The Agency normally will review data submitted with an application that have not previously been submitted to the Agency. (b) The Agency normally will review other data submitted or cited by an applicant only: https://www.ecfr.gov/current/title-40/section-152.50 https://www.ecfr.gov/current/title-40/part-158 https://www.ecfr.gov/current/title-40/part-161 https://www.federalregister.gov/citation/72-FR-61028 https://www.ecfr.gov/current/title-40/part-164/subpart-D 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 53/83 [53 FR 15980, May 4, 1988, as amended at 72 FR 61028, Oct. 26, 2007] § 152.108 Review of labeling. The Agency will review all draft labeling submitted with the application. If an applicant for amended registration submits only that portion of the labeling proposed for amendment, the Agency may review the entire label, as revised by the proposed changes, in deciding whether to approve the amendment. The Agency will not approve �nal printed labeling, but will selectively review it for compliance. § 152.110 Time for agency review. The Agency will complete its review of applications as expeditiously as possible. Applications subject to speci�c timeframes under the fee schedule established by FIFRA section 33 will be reviewed within the timeframes established for the application or action type. [73 FR 75595, Dec. 12, 2008] § 152.111 Choice of standards for review of applications. The Agency has discretion to review applications under either the unconditional registration criteria of FIFRA sec. 3(c)(5) or the conditional registration criteria of FIFRA sec. 3(c)(7). The type of review chosen depends primarily on the extent to which the relevant data base has been reviewed for completeness and scienti�c validity. EPA conducts data reviews needed to support unconditional registrations on a chemical-by-chemical basis, according to an established priority list. Except for applications for registration of a new active ingredient or in special cases where it �nds immediate review to be warranted, the Agency will not commence a complete review of the existing data base on a given chemical in response to receipt of an application for registration. Instead the Agency will review the application using the criteria for conditional registration in FIFRA sec. 3(c)(7) (A) and (B). § 152.112 Approval of registration under FIFRA sec. 3(c)(5). EPA will approve an application under the criteria of FIFRA sec. 3(c)(5) only if: (1) As part of the process of reregistering currently registered products; (2) When acting on an application for registration of a product containing a new active ingredient; (3) If such data have been �agged in accordance with § 158.34 or 161.34 of this chapter; or (4) When the Agency determines that it would otherwise serve the public interest. (c) If the Agency �nds that it needs additional data in order to determine whether the product may be registered, it will notify the applicant as early as possible in the review process. (a) The Agency has determined that the application is complete and is accompanied by all materials required by the Act and this part, including, but not limited to, evidence of compliance with subpart E of this part; (b) The Agency has reviewed all relevant data in the possession of the Agency (see §§ 152.107 and 152.111); https://www.federalregister.gov/citation/53-FR-15980 https://www.federalregister.gov/citation/72-FR-61028 https://www.federalregister.gov/citation/73-FR-75595 https://www.ecfr.gov/current/title-40/section-158.34 https://www.ecfr.gov/current/title-40/section-161.34 https://www.ecfr.gov/current/title-40/part-152/subpart-E https://www.ecfr.gov/current/title-40/section-152.107 https://www.ecfr.gov/current/title-40/section-152.111 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 54/83 [53 FR 15980, May 4, 1988, as amended at 72 FR 61028, Oct. 26, 2007; 73 FR 75595, Dec. 12, 2008] § 152.113 Approval of registration under FIFRA sec. 3(c)(7) - Products that do not contain a new active ingredient. (c) The Agency has determined that no additional data are necessary to make the determinations required by FIFRA sec. 3(c)(5) with respect to the pesticide product which is the subject of the application; (d) The Agency has determined that the composition of the product is such as to warrant the proposed e�cacy claims for it, if e�cacy data are required to be submitted for the product by part 158 or part 161 of this chapter, as applicable. (e) The Agency has determined that the product will perform its intended function without unreasonable adverse effects on the environment, and that, when used in accordance with widespread and commonly recognized practice, the product will not generally cause unreasonable adverse effects on the environment; (f) The Agency has determined that the product is not misbranded as that term is de�ned in FIFRA sec. 2(q) and part 156 of this chapter, and its labeling and packaging comply with the applicable requirements of the Act, this part, and parts 156 and 157 of this chapter; (g) If the proposed labeling bears directions for use on food, animal feed, or food or feed crops, or if the intended use of the pesticide results or may reasonably be expected to result, directly or indirectly, in pesticide residues (including residues of any active or inert ingredient of the product, or of any metabolite or degradation product thereof) in or on food or animal feed, all necessary tolerances, exemptions from the requirement of a tolerance, and food additive regulations have been issued under FFDCA sec. 408, and (h) If the product, in addition to being a pesticide, is a drug within the meaning of FFDCA sec. 201(q), the Agency has been noti�ed by the Food and Drug Administration (FDA) that the product complies with any requirements imposed by FDA. (a) Except as provided in paragraph (b) of this section, the Agency may approve an application for registration or amended registration of a pesticide product, each of whose active ingredients is contained in one or more other registered peticide products, only if the Agency has determined that: (1) It possesses all data necessary to make the determinations required by FIFRA sec. 3(c)(7)(A) or (B) with respect to the pesticide product which is the subject of the application (including, at a minimum, data needed to characterize any incremental risk that would result from approval of the application); (2) Approval of the application would not signi�cantly increase the risk of any unreasonable adverse effect on the environment; and (3) The criteria of § 152.112(a), (d), and (f) through (h) have been satis�ed. (b) Notwithstanding the provisions of paragraph (a) of this section, the Agency will not approve the conditional registration of any pesticide under FIFRA sec. 3(c)(7)(A) unless the Agency has determined that the applicant's product and its proposed use are identical or substantially similar to a currently registered pesticide and use, or that the pesticide and its proposed use differ only in ways that would not signi�cantly increase the risk of unreasonable adverse effects on the environment. https://www.federalregister.gov/citation/53-FR-15980 https://www.federalregister.gov/citation/72-FR-61028 https://www.federalregister.gov/citation/73-FR-75595 https://www.ecfr.gov/current/title-40/part-158 https://www.ecfr.gov/current/title-40/part-161 https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/part-157 https://www.ecfr.gov/current/title-40/section-152.113#p-152.113(b) https://www.ecfr.gov/current/title-40/section-152.112#p-152.112(a) https://www.ecfr.gov/current/title-40/section-152.112#p-152.112(d) https://www.ecfr.gov/current/title-40/section-152.112#p-152.112(f) https://www.ecfr.gov/current/title-40/section-152.112#p-152.112(h) https://www.ecfr.gov/current/title-40/section-152.113#p-152.113(a) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 55/83 § 152.114 Approval of registration under FIFRA sec. 3(c)(7) - Products that contain a new active ingredient. An application for registration of a pesticide containing an active ingredient not in any currently registered product may be conditionally approved for a period of time su�cient for the generation and submission of certain of the data necessary for a �nding of registrability under FIFRA sec. 3(c) (5) if the Agency determines that: § 152.115 Conditions of registration. (c) Notwithstanding the provisions of paragraph (a) of this section, the Agency will not approve the conditional registration of any pesticide product for a new use under FIFRA sec. 3(c)(7)(B) if: (1) The pesticide is the subject of a special review, based on a use of the product that results in human dietary exposure; and (2) The proposed new use involves use on a major food or feed crop, or involves use on a minor food or feed crop for which there is available an effective alternative registered pesticide which does not meet the risk criteria associated with human dietary exposure. The determination of available and effective alternatives shall be made with the concurrence of the Secretary of Agriculture. (a) Insu�cient time has elapsed since the imposition of the data requirement for those data to have been developed; (b) All other required test data and materials have been submitted to the Agency; (c) The criteria in § 152.112(a), (b), (d), and (f) through (h) have been satis�ed; (d) The use of the pesticide product during the period of the conditional registration will not cause any unreasonable adverse effect on the environment; and (e) The registration of the pesticide product and its subsequent use during the period of the conditional registration are in the public interest. (a) Substantially similar products and new uses. Each registration issued under § 152.113 shall be conditioned upon the submission or citation by the registrant of all data which are required for unconditional registration of his product under FIFRA sec. 3(c)(5), but which have not yet been submitted, no later than the time such data are required to be submitted for similar pesticide products already registered. If a notice requiring submission of such data has been issued under FIFRA sec. 3(c)(2)(B) prior to the date of approval of the application, the applicant must submit or cite the data described by that notice at the time speci�ed by that notice. The applicant must agree to these conditions before the application may be approved. (b) New active ingredients. Each registration issued under § 152.114 shall be conditioned upon the applicant's agreement to each of the following conditions: (1) The applicant will submit remaining required data (and interim reports if required) in accordance with a schedule approved by the Agency. (2) The registration will expire upon a date established by the Agency, if the registrant fails to submit data as required by the Agency. The expiration date will be established based upon the length of time necessary to generate and submit the https://www.ecfr.gov/current/title-40/section-152.113#p-152.113(a) https://www.ecfr.gov/current/title-40/section-152.112#p-152.112(a) https://www.ecfr.gov/current/title-40/section-152.112#p-152.112(b) https://www.ecfr.gov/current/title-40/section-152.112#p-152.112(d) https://www.ecfr.gov/current/title-40/section-152.112#p-152.112(f) https://www.ecfr.gov/current/title-40/section-152.112#p-152.112(h) https://www.ecfr.gov/current/title-40/section-152.113 https://www.ecfr.gov/current/title-40/section-152.114 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 56/83 [53 FR 15980, May 4, 1988, as amended at 60 FR 32096, June 19, 1995] § 152.116 Notice of intent to register to original submitters of exclusive use data. [53 FR 15980, May 4, 1988, as amended at 73 FR 75595, Dec. 12, 2008] § 152.117 Noti�ication to applicant. The Agency will notify the applicant of the approval of his application by a Notice of Registration for new registration, or by a letter in the case of an amended registration. § 152.118 Denial of application. required data. If the studies are submitted in a timely manner, the registration will be cancelled if the Agency determines, based on the data (alone, or in conjuction with other data), that the product or one or more of its uses meets or exceeds any of the risk criteria established by the Agency to initiate a special review. If the Agency so determines, it will issue to the registrant a Notice of Intent to Cancel under FIFRA sec. 6(e), and will specify any provisions for sale and distribution of existing stocks of the pesticide product. (3) The applicant will submit an annual report of the production of the product. (c) Other conditions. The Agency may establish, on a case-by-case basis, other conditions applicable to registrations to be issued under FIFRA sec. 3(c)(7). (d) Cancellation if condition is not satis�ed. If any condition of the registration of the product is not satis�ed, or if the Agency determines that the registrant has failed to initiate or pursue appropriate action towards ful�llment of any condition, the Agency will issue a notice of intent to cancel under FIFRA sec. 6(e). (a) Except as provided in paragraph (c) of this section, at least 30 days before registration of a product containing an active ingredient for which a previously submitted study is eligible for exclusive use under FIFRA sec. 3(c)(1)(F)(i), the Agency will notify the original submitter of the exclusive use study of the intended registration of the product. If requested by the exclusive use data submitter within 30 days, the Agency will also provide the applicant's list of data requirements and method of demonstrating compliance with each data requirement. (b) Within 30 days after receipt of the Agency's notice, or of the applicant's list of data requirements, whichever is later, the exclusive use data submitter may challenge the issuance of the registration in accordance with the procedures in § 152.99 (b) and (c). If the Agency �nds that the challenge has merit, it will issue a notice of denial of the application. The applicant may then avail himself of the hearing procedures provided by FIFRA sec. 3(c)(6). If the Agency �nds that the challenge is without merit, it will deny the petition and register the applicant's product. Denial of the petition is a �nal Agency action. (c) If an applicant has submitted to the Agency a certi�cation from an exclusive use data submitter that he is aware of the applicant's application for registration, and does not object to the issuance of the registration, the Agency will not provide the 30-day noti�cation described in paragraph (a) of this section to that exclusive use data submitter. https://www.federalregister.gov/citation/53-FR-15980 https://www.federalregister.gov/citation/60-FR-32096 https://www.federalregister.gov/citation/53-FR-15980 https://www.federalregister.gov/citation/73-FR-75595 https://www.ecfr.gov/current/title-40/section-152.116#p-152.116(c) https://www.ecfr.gov/current/title-40/section-152.99#p-152.99(b) https://www.ecfr.gov/current/title-40/section-152.99#p-152.99(c) https://www.ecfr.gov/current/title-40/section-152.116#p-152.116(a) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 57/83 § 152.119 Availability of material in support of registration. Subpart G - Obligations and Rights of Registrants Source: 53 FR 15983, May 4, 1988, unless otherwise noted. § 152.122 Currency of address of record and authorized agent. (a) Basis for denial. The Agency may deny an application for registration if the Agency determines that the pesticide product does not meet the criteria for registration under either FIFRA sec. 3(c)(5) or (7), as speci�ed in §§ 152.112 through 152.114. (b) Noti�cation of applicant. If the Agency determines that an application should be denied, it will notify the applicant by certi�ed letter. The letter will set forth the reasons and factual basis for the determination with conditions, if any, which must be ful�lled in order for the registration to be approved. (c) Opportunity for remedy by the applicant. The applicant will have 30 days from the date of receipt of the certi�ed letter to take the speci�ed corrective action. During this time the applicant may request that his application be withdrawn. (d) Notice of denial. If the applicant fails to correct the de�ciencies within the 30-day period, the Agency may issue a notice of denial, which will be published in the FEDERAL REGISTER, and which will set forth the reasons and the factual basis for the denial. (e) Hearing rights. Within 30 days following the publication of the notice of denial, an applicant, or any interested person with written authorization of the applicant, may request a hearing in accordance with FIFRA sec. 6(b). Hearings will be conducted in accordance with part 164 of this chapter. (a) The information submitted to support a registration application shall be part of the o�cial Agency �le for that registration. (b) Within 30 days after registration, the Agency will make available for public inspection, upon request, the materials required by subpart E to be submitted with an application. Materials that will be publicly available include an applicant's list of data requirements, the method used by the applicant to demonstrate compliance for each data requirement, and the applicant's citations of speci�c studies in the Agency's possession if applicable. (c) Except as provided by FIFRA sec. 10, within 30 days after registration, the data on which the Agency based its decision to register the product will be made available for public inspection, upon request, in accordance with the procedures in 40 CFR part 2. (a) The registrant must keep the Agency informed of his current name and address of record. If the Agency's good faith attempts to contact the registrant are not successful, the Agency will issue in the FEDERAL REGISTER a notice of intent to cancel all products of the registrant under FIFRA sec. 6(b). The registrant must respond within 30 days requesting that the registrations be maintained in effect, and providing his name and address of record. If no response is received, the cancellations will become effective at the end of 30 days without further notice to the registrant. The Agency may make provision for the sale and distribution of existing stocks of such products after the effective date of cancellation. https://www.ecfr.gov/current/title-40/section-152.112 https://www.ecfr.gov/current/title-40/section-152.114 https://www.ecfr.gov/current/title-40/part-164 https://www.ecfr.gov/current/title-40/part-2 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 58/83 § 152.125 Submission of information pertaining to adverse e�ects. If at any time the registrant receives or becomes aware of any factual information regarding unreasonable adverse effects of the pesticide on the environment that has not previously been submitted to the Agency, the registrant shall, in accordance with FIFRA section 6(a)(2) and the requirements of part 159, subpart D of this chapter, provide such information to the Agency, clearly identi�ed as FIFRA 6(a)(2) data. [73 FR 75595, Dec. 12, 2008] § 152.130 Distribution under approved labeling. § 152.132 Supplemental distribution. The registrant may distribute or sell his registered product under another person's name and address instead of (or in addition to) his own. Such distribution and sale is termed “supplemental distribution” and the product is referred to as a “distributor product.” The distributor is considered an agent of the registrant for all intents and purposes under the Act, and both the registrant and the distributor may be held liable for violations pertaining to the distributor product. Supplemental distribution is permitted upon noti�cation to the Agency if all the following conditions are met: (b) The registrant must also notify the Agency if he changes his authorized agent. (a) A registrant may distribute or sell a registered product with the composition, packaging and labeling currently approved by the Agency. (b) A registrant may distribute or sell a product under labeling bearing any subset of the approved directions for use, provided that in limiting the uses listed on the label, no changes would be necessary in precautionary statements, use classi�cation, or packaging of the product. (c) Normally, if the product labeling is amended on the initiative of the registrant, by submission of an application for amended registration, the registrant may distribute or sell under the previously approved labeling for a period of 18 months after approval of the revision, unless an order subsequently issued by the Agency under FIFRA sec. 6 or 13 provides otherwise. However, if paragraph (d) of this section applies to the registrant's product, the time frames established by the Agency in accordance with that paragraph shall take precedence. (d) If a product's labeling is required to be revised as a result of the issuance of a Registration Standard, a Label Improvement Program notice, or a notice concluding a special review process, the Agency will specify in the notice to the registrant the period of time that previously approved labeling may be used. In all cases, supplemental or sticker labeling may be used as an interim compliance measure for a reasonable period of time. The Agency may establish dates as follows governing when label changes must appear on labels: (1) The Agency may establish a date after which all product distributed or sold by the registrant must bear revised labeling. (2) The Agency may also establish a date after which no product may be distributed or sold by any person unless it bears revised labeling. This date will provide su�cient time for product in channels of trade to be distributed or sold to users or otherwise disposed of. https://www.ecfr.gov/current/title-40/part-159/subpart-D https://www.federalregister.gov/citation/73-FR-75595 https://www.ecfr.gov/current/title-40/section-152.130#p-152.130(d) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 59/83 [53 FR 15975, May 4, 1988, as amended at 60 FR 32096, June 19, 1995] § 152.135 Transfer of registration. (a) The registrant has submitted to the Agency for each distributor product a statement signed by both the registrant and the distributor listing the names and addresses of the registrant and the distributor, the distributor's company number, the additional brand name(s) to be used, and the registration number of the registered product. (b) The distributor product is produced, packaged and labeled in a registered establishment operated by the same producer (or under contract in accordance with § 152.30) who produces, packages, and labels the registered product. (c) The distributor product is not repackaged (remains in the producer's unopened container). (d) The label of the distributor product is the same as that of the registered product, except that: (1) The product name of the distributor product may be different (but may not be misleading); (2) The name and address of the distributor may appear instead of that of the registrant; (3) The registration number of the registered product must be followed by a dash, followed by the distributor's company number (obtainable from the Agency upon request); (4) The establishment number must be that of the �nal establishment at which the product was produced; and (5) Speci�c claims may be deleted, provided that no other changes are necessary. (e) Voluntary cancellation of a product applies to the registered product and all distributor products distributed or sold under that registration number. The registrant is responsible for ensuring that distributors under his cancelled registration are noti�ed and comply with the terms of the cancellation. (a) A registrant may transfer the registration of a product to another person, and the registered product may be distributed and sold without the requirement of a new application for registration by that other person, if the parties submit to the Agency the documents listed in paragraphs (b) and (c) of this section, and receive Agency approval as described in paragraph (d) of this section. (b) Persons seeking approval of a transfer of registration must provide a document signed by the authorized representative of the registrant (the transferor) and of the person to whom the registration is transferred (the transferee) that contains the following information: (1) The name, address and State of incorporation (if any) of the transferor; (2) The name, address and State of incorporation of the transferee; (3) The name(s) and EPA registration number(s) of the product(s) being transferred; (4) A statement that the transferor transfers irrevocably to the transferee all right, title, and interest in the EPA registration(s) listed in the document; https://www.federalregister.gov/citation/53-FR-15975 https://www.federalregister.gov/citation/60-FR-32096 https://www.ecfr.gov/current/title-40/section-152.30 https://www.ecfr.gov/current/title-40/section-152.135#p-152.135(b) https://www.ecfr.gov/current/title-40/section-152.135#p-152.135(c) https://www.ecfr.gov/current/title-40/section-152.135#p-152.135(d) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 60/83 [53 FR 15983, May 4, 1988, as amended at 58 FR 34203, June 23, 1993; 73 FR 75595, Dec. 12, 2008] Subpart H [Reserved] Subpart I - Classi�ication of Pesticides Source: 53 FR 15986, May 4, 1988, unless otherwise noted. § 152.160 Scope. (5) A statement that the transferred registration(s) shall not serve as collateral or otherwise secure any loan or other payment arrangement or executory promise, and that the registration(s) shall not revert to the transferor unless a new transfer agreement is submitted to and approved by the Agency; (6) A description of the general nature of the underlying transaction, e.g., merger, spinoff, bankruptcy transfer (no �nancial information need be disclosed); (7) A statement that the transferor and transferee understand that any false statement may be punishable under 18 U.S.C. 1001; and (8) An acknowledgment by the transferee that his rights and duties concerning the registration under FIFRA and this chapter will be deemed by EPA to be the same as those of the transferor at the time the transfer is approved. (c) In addition, the transferor must submit to the Agency a notarized statement a�rming that: (1) The person signing the transfer agreement is authorized by the registrant to bind the transferor; (2) No court order prohibits the transfer, and that any required court approvals have been obtained; and (3) The transfer is authorized under all relevant Federal, State and local laws and all relevant corporate charters, bylaws, partnerships, or other agreements. (d) If the required documents are submitted, and no information available to the Agency indicates that the information is incorrect, the Agency will approve the transfer without requiring that the transferee obtain a new registration. The Agency will notify the transferor and transferee of its approval. (e) The transfer will be effective on the date of Agency approval. Thereafter the transferee will be regarded as the registrant for all purposes under FIFRA. (f) Rights to exclusive use of data or compensation under FIFRA section 3(c)(1)(F) are separate from the registration itself and may be retained by the transferor, or may be transferred independently in accordance with the provisions of § 152.98. If the registrant as the original data submitter wishes to transfer data rights at the same time as he transfers the registration, he may submit a single transfer document containing the information required by this section for both the registration and the data. (a) Types of classi�cation. A pesticide product may be unclassi�ed, or it may be classi�ed for restricted use or for general use. The Agency does not normally classify products for general use; products that are not restricted remain unclassi�ed. https://www.federalregister.gov/citation/53-FR-15983 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/73-FR-75595 https://www.govinfo.gov/link/uscode/18/1001 https://www.ecfr.gov/current/title-40/section-152.98 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 61/83 § 152.161 De�initions. In addition to the de�nitions in § 152.3, the following terms are de�ned for the purposes of this subpart: § 152.164 Classi�ication procedures. (b) Kinds of restrictions. The Agency may restrict a product or its uses to use by a certi�ed applicator, or by or under the direct supervision of a certi�ed applicator, as described in FIFRA sec. 3(d)(1)(C). The Agency may also, by regulation, prescribe restrictions relating to the product's composition, labeling, packaging, uses, or distribution and sale, or to the status or quali�cations of the user. (a) Dietary LC means a statistically derived estimate of the concentration of a test substance in the diet that would cause 50 percent mortality to the test population under speci�ed conditions. 50 (b) Outdoor use means any pesticide application that occurs outside enclosed manmade structures or the consequences of which extend beyond enclosed manmade structures, including, but not limited to, pulp and paper mill water treatments and industrial cooling water treatments. (a) Grouping of products for classi�cation purposes. In its discretion, the Agency may identify a group of products having common characteristics or uses and may classify for restricted use same or all of the products or uses included in that group. Such a group may be comprised of, but is not limited to, products that: (1) Contain the same active ingredients. (2) Contain the same active ingredients in a particular concentration range, formulation type, or combination of concentration range and formulation type. (3) Have uses in common. (4) Have other characteristics, such as toxicity, �ammability, or physical properties, in common. (b) Classi�cation reviews. The Agency may conduct classi�cation reviews and classify products at any time, if it determines that a restriction on the use of a pesticide product is necessary to avoid unreasonable adverse effects on the environment. However, classi�cation reviews normally will be conducted and products classi�ed only in the following circumstances: (1) As part of the review of an application for new registration of a product containing an active ingredient not contained in any currently registered product. (2) As part of the review of an application for a new use of a product, if existing uses of that product previously have been classi�ed for restricted use. Review of a restricted use product at this time is for the purpose of determining whether the new use should also be classi�ed for restricted use. Normally the Agency will not conduct initial classi�cation reviews for existing uses of individual products in conjunction with an application for amended registration. https://www.ecfr.gov/current/title-40/section-152.3 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 62/83 § 152.166 Labeling of restricted use products. § 152.167 Distribution and sale of restricted use products. Unless modi�ed by the Agency, the compliance dates in this section shall apply to restricted use products. (3) As part of the process of developing or amending a registration standard for a pesticide. The Agency normally will conduct classi�cation reviews of all uses of a currently registered pesticide at this time. (4) As part of any special review of a pesticide, in accordance with the procedures of 40 CFR part 154. (c) Classi�cation procedures. (1) If the Agency determines that a product or one or more of its uses should be classi�ed for restricted use, the Agency initially may classify the product by regulation. In this case, within 60 days after the effective date of a �nal rule, each registrant of a product subject to the rule must submit to the Agency one of the following, as directed in the �nal rule: (i) A copy of the amended label and any supplemental labeling to be used as an interim compliance measure. (ii) A statement, which the Agency considers a report under the Act, that the registrant will comply with the labeling requirements prescribed by the Agency within the timeframes prescribed by the regulation. (iii) An application for amended registration to delete the uses which have been restricted, or to “split” the registration into two registrations, one including only restricted or all uses, and the other including only uses that have not been classi�ed. (2) Alternatively, EPA may notify the applicant or registrant of the classi�cation decision and require that he submit the information required by paragraph (c)(1) of this section. The Agency may deny registration or initiate cancellation proceedings if the registrant fails to comply within the timeframes established by the Agency in its noti�cation. (a) Products intended for end use. A product whose labeling bears directions for end use and that has been classi�ed for restricted use must be labeled in accordance with the requirements of § 156.10 of this chapter or other Agency instructions. The Agency will permit the use of stickers or supplemental labeling as an interim alternative to the use of an approved amended label, in accordance with § 152.167. (b) Products intended only for formulation. A product whose labeling does not bear directions for end use (a product that is intended and labeled solely for further formulation into other pesticide products) is not subject to the labeling requirements of this subpart. (a) Sale by registrant or producer. (1) No product with a use classi�ed for restricted use may be distributed or sold by the registrant or producer after the 120th day after the effective date of such classi�cation unless the product: https://www.ecfr.gov/current/title-40/part-154 https://www.ecfr.gov/current/title-40/section-152.164#p-152.164(c)(1) https://www.ecfr.gov/current/title-40/section-156.10 https://www.ecfr.gov/current/title-40/section-152.167 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 63/83 § 152.168 Advertising of restricted use products. (i) Bears an approved amended label which contains the terms of restricted use imposed by the Agency and otherwise complies with part 156 of this chapter; (ii) Bears a sticker containing the product name, EPA registration number, and any terms of restricted use imposed by the Agency; or (iii) Is accompanied by supplemental labeling bearing the information listed in paragraph (a)(1)(ii) of this section. (2) If the registrant chooses to delete the restricted uses from his product label, that product may not be distributed or sold after the 180th day after the effective date of classi�cation unless the product bears amended labeling with the restricted uses deleted. (3) Notwithstanding paragraphs (a) (1) and (2) of this section, after the 270th day after the effective date of classi�cation, no registrant or producer may distribute or sell a product that does not bear the approved amended label. After that date, stickers and supplemental labeling described in paragraph (a)(1) (ii) and (iii) are no longer acceptable. (b) Sale by retailer. No product with a use classi�ed for restricted use by a regulation may be distributed or sold by a retailer or other person after the 270th day after the effective date of the �nal rule unless the product bears a label or labeling which complies with paragraph (a)(1) of this section. (a) Any product classi�ed for restricted use shall not be advertised unless the advertisement contains a statement of its restricted use classi�cation. (b) The requirement in paragraph (a) of this section applies to all advertisements of the product, including, but not limited, to: (1) Brochures, pamphlets, circulars and similar material offered to purchasers at the point of sale or by direct mail. (2) Newspapers, magazines, newsletters and other material in circulation or available to the public. (3) Broadcast media such as radio and television. (4) Telephone advertising. (5) Billboards and posters. (c) The requirement may be satis�ed for printed material by inclusion of the statement “Restricted Use Pesticide,” or the terms of restriction, prominently in the advertisement. The requirement may be satis�ed with respect to broadcast or telephone advertising by inclusion in the broadcast of the spoken words “Restricted use pesticide,” or a statement of the terms of restriction. (d) The requirements of this section shall be effective: (1) After 270 days after the effective date of restriction of a product that is currently registered, unless the Agency speci�es a shorter time period; (2) Upon the effective date of registration of a product not currently registered. https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/section-152.167#p-152.167(a)(1)(ii) https://www.ecfr.gov/current/title-40/section-152.167#p-152.167(a)(1) https://www.ecfr.gov/current/title-40/section-152.167#p-152.167(a)(2) https://www.ecfr.gov/current/title-40/section-152.167#p-152.167(a)(1) https://www.ecfr.gov/current/title-40/section-152.168#p-152.168(a) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 64/83 § 152.170 Criteria for restriction to use by certi�ied applicators. (a) General criteria. An end-use product will be restricted to use by certi�ed applicators (or persons under their direct supervision) if the Agency determines that: (1) Its toxicity exceeds one or more of the speci�c hazard criteria in paragraph (b) or (c) of this section, or evidence described in paragraph (d) of this section substantiates that the product or use poses a serious hazard that may be mitigated by restricting its use; (2) Its labeling, when considered according to the factors in paragraph (e)(2) of this section, is not adequate to mitigate these hazard(s); (3) Restriction of the product would decrease the risk of adverse effects; and (4) The decrease in risks of the pesticide as a result of restriction would exceed the decrease in bene�ts. (b) Criteria for human hazard (1) Residential and institutional uses. A pesticide product intended for residential or institutional use will be considered for restricted use classi�cation if: (i) The pesticide, as diluted for use, has an acute oral LD of 1.5 g/kg or less;50 (ii) The pesticide, as formulated, has an acute dermal LD of 2000 mg/kg or less;50 (iii) The pesticide, as formulated, has an acute inhalation LC of 0.5 mg/liter or less, based upon a 4-hour exposure period; 50 (iv) The pesticide, as formulated, is corrosive to the eye (causes irreversible destruction of ocular tissue) or results in corneal involvement or irritation persisting for more than 7 days; (v) The pesticide, as formulated, is corrosive to the skin (causes tissue destruction into the dermis and/or scarring) or causes severe irritation (severe erythema or edema) at 72 hours; or (vi) When used in accordance with label directions, or widespread and commonly recognized practice, the pesticide may cause signi�cant subchronic, chronic or delayed toxic effects on man as a result of single or multiple exposures to the product ingredients or residues. (2) All other uses. A pesticide product intended for uses other than residential or institutional use will be considered for restricted use classi�cation if: (i) The pesticide, as formulated, has an acute oral LD of 50 mg/kg or less;50 (ii) The pesticide, as formulated, has an acute dermal LD of 200 mg/kg or less;50 (iii) The pesticide, as diluted for use, has an acute dermal LD of 16 g/kg or less;50 (iv) The pesticide, as formulated, has an acute inhalation LC of 0.05 mg/liter or less, based upon a 4-hour exposure period; 50 (v) The pesticide, as formulated, is corrosive to the eye or causes corneal involvement or irritation persisting for more than 21 days; (vi) The pesticide, as formulated, is corrosive to the skin (causes tissue destruction into the dermis and/or scarring); or https://www.ecfr.gov/current/title-40/section-152.170#p-152.170(b) https://www.ecfr.gov/current/title-40/section-152.170#p-152.170(c) https://www.ecfr.gov/current/title-40/section-152.170#p-152.170(d) https://www.ecfr.gov/current/title-40/section-152.170#p-152.170(e)(2) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 65/83 (vii) When used in accordance with label directions, or widespread and commonly recognized practice, the pesticide may cause signi�cant subchronic toxicity, chronic toxicity, or delayed toxic effects on man, as a result of single or multiple exposures to the product ingredients or residues. (c) Criteria for hazard to non-target species (1) All products. A pesticide product intended for outdoor use will be considered for restricted use classi�cation if: (i) When used according to label directions, application results in residues of the pesticide, its metabolites, or its degradation products, in the diet of exposed mammalian wildlife, immediately after application, such that: (A) The level of such residues equals or exceeds one-�fth of the acute dietary LC ; or50 (B) The amount of pesticide consumed in one feeding day (mg/kg/day) equals or exceeds one-�fth of the mammalian acute oral LD ;50 (ii) When used according to label directions, application results, immediately after application, in residues of the pesticide, its metabolites or its degradation products, in the diet of exposed birds at levels that equal or exceed one-�fth of the avian subacute dietary LC ;50 (iii) When used according to label directions, application results in residues of the pesticide, its metabolites or its degradation products, in water that equal or exceed one-tenth of the acute LC for non-target aquatic organisms likely to be exposed; or 50 (iv) Under conditions of label use or widespread and commonly recognized practice, the pesticide may cause discernible adverse effects on non-target organisms, such as signi�cant mortality or effects on the physiology, growth, population levels or reproduction rates of such organisms, resulting from direct or indirect exposure to the pesticide, its metabolites or its degradation products. (2) Granular products. In addition to the criteria of paragraph (c)(1) of this section, a pesticide intended for outdoor use and formulated as a granular product will be considered for restricted use classi�cation if: (i) The formulated product has an acute avian or mammalian oral LD of 50 mg/kg or less as determined by extrapolation from tests conducted with technical material or directly with the formulated product; and 50 (ii) It is intended to be applied in such a manner that signi�cant exposure to birds or mammals may occur. (d) Other evidence. The Agency may also consider evidence such as �eld studies, use history, accident data, monitoring data, or other pertinent evidence in deciding whether the product or use may pose a serious hazard to man or the environment that can reasonably be mitigated by restricted use classi�cation. (e) Alternative labeling language. (1) If the Agency determines that a product meets one or more of the criteria of paragraphs (b) or (c) of this section, or if other evidence identi�ed in paragraph (d) of this section leads the Agency to conclude that the product should be considered for restricted use classi�cation, the Agency will then determine if additional labeling https://www.ecfr.gov/current/title-40/section-152.170#p-152.170(c)(1) https://www.ecfr.gov/current/title-40/section-152.170#p-152.170(b) https://www.ecfr.gov/current/title-40/section-152.170#p-152.170(c) https://www.ecfr.gov/current/title-40/section-152.170#p-152.170(d) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 66/83 § 152.171 Restrictions other than those relating to use by certi�ied applicators. The Agency may by regulation impose restrictions on a product or class of products if it determines that: § 152.175 Pesticides classi�ied for restricted use. The following uses of pesticide products containing the active ingredients speci�ed below have been classi�ed for restricted use and are limited to use by or under the direct supervision of a certi�ed applicator. language would be adequate to mitigate the identi�ed hazard(s) without restricted use classi�cation. If the labeling language meets all the criteria speci�ed in paragraph (e)(2) of this section, the product will not be classi�ed for restricted use. (2) The labeling will be judged adequate if it meets all the following criteria: (i) The user, in order to follow label directions, would not be required to perform complex operations or procedures requiring specialized training and/or experience. (ii) The label directions do not call for specialized apparatus, protective equipment, or materials that reasonably would not be available to the general public. (iii) Failure to follow label directions in a minor way would result in few or no signi�cant adverse effects. (iv) Following directions for use would result in few or no signi�cant adverse effects of a delayed or indirect nature through bioaccumulation, persistence, or pesticide movement from the original application site. (v) Widespread and commonly recognized practices of use would not nullify or detract from label directions such that unreasonable adverse effects on the environment might occur. (a) Without such restrictions, the product when used in accordance with warnings, cautions and directions for use or in accordance with widespread and commonly recognized practices of use may cause unreasonable adverse effects on the environment; and (b) The decrease in risks as a result of restricted use would exceed the decrease in bene�ts as a result of restricted use. Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction https://www.ecfr.gov/current/title-40/section-152.170#p-152.170(e)(2) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 67/83 Acrolein As sole active ingredient. No mixtures registered All uses Restricted Inhalation hazard to humans. Residue effects on avian species and aquatic organisms. Aldicarb As sole active ingredient Ornamental uses (indoor and outdoor) ......do Other hazards accident history. No mixtures registered Agricultural crop uses Under further evaluation Aluminum phosphide As sole active ingredient. No mixtures registered ......do ......do Inhalation hazard to humans. Azinphos methyl All liquids with a concentration greater than 13.5 pct ......do ......do Do. All other formulations ......do Under futher evaluation. Carbofuran All concentrate suspensions and wettable powders 40% and greater ......do ......do Acute inhalation toxicity. All granular formulations Rice Under evaluation Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 68/83 All granular and fertilizer formulations All uses except rice ......do Chloropicrin All formulations greater than 2% All uses ......do Acute inhalation toxicity. All formulations Rodent control ......do Hazard to non-target organisms. All formulations 2% and less Outdoor uses (other than rodent control) Unclassi�ed Clonitralid All wettable powders 70% and greater All uses Restricted Acute inhalation toxicity. All granulars and wettable powders Molluscide uses Restricted Effects on aquatic organisms. Pressurized sprays 0.55% and less Hospital antiseptics Unclassi�ed Dicrotophos All liquid formulations 8% and greater All uses Restricted Acute dermal toxicity; residue effects on avian species (except for tree injections). Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 69/83 Disulfoton All emulsi�able concentrates 65% and greater, all emulsi�able concentrates and concentrate solutions 21% and greater with fensulfothion 43% and greater, all emulsi�able concentrates 32% and greater in combination with 32% fensulfothion and greater ......do Restricted Do. Acute inhalation toxicity. Non-aqueous solution 95% and greater Commercial seed treatment Restricted Acute dermal toxicity. Granular formulations 10% and greater Indoor uses (greenhouse) ......do Acute inhalation toxicity. Ethoprop Emulsi�able concentrates 40% and greater Aquatic uses ......do Acute dermal toxicity. All granular and fertilizer formulations All uses Under evaluation Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 70/83 Ethyl parathion All granular and dust formulations greater than 2 pct, fertilizer formulations, wettable powders, emulsi�able concentrates, concentrated suspensions, concentrated solutions ......do Restricted Inhalation hazard to humans. Acute dermal toxicity. Residue effects on mammalian, aquatic, avian species. Smoke fumigants ......do ......do Inhalation hazard to humans. Dust and granular formulations 2 pct and below ......do ......do Other hazards accident history. Fenamiphos Emulsi�able concentrates 35% and greater ......do ......do Acute dermal toxicity. Fonofos Emulsi�able concentrates 44% and greater ......do ......do Acute dermal toxicity. Emulsi�able concentrates 12.6% and less with pebulate 50.3% and less Tobacco Unclassi�ed Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 71/83 Methamidophos Liquid formulations 40% and greater ......do Restricted Acute dermal toxicity; residue effects on avian species. Dust formulations 2.5% and greater ......do ......do Residue effects on avian species. Methidathion All formulations All uses except nursery stock, sa�ower and sun�ower ......do Do. All formulations Nursery stock, sa�ower and sun�ower Unclassi�ed Methomyl As sole active ingredient in 1 pct to 2.5 baits (except 1 pct �y bait) Nondomestic outdoors agricultural crops, ornamental and turf. All other registered uses Restricted Residue effects on mammalian species. All concentrated solution formulations ......do ......do Other hazards accident history. Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 72/83 90 pct wettable powder formulations (not in water soluble bags) ......do ......do Do. 90 pct wettable powder formulation in water soluble bags ......do Unclassi�ed All granular formulations ......do ......do 25 pct wettable powder formulations ......do ......do In 1.24 pct to 2.5 pct dusts as sole active ingredient and in mixtures with fungicides and chlorinated hydrocarbon, inorganic phosphate and biological insecticides ......do ......do Methyl bromide All formulations in containers greater than 1.5 lb All uses Restricted Do. Containers with not more than 1.5 lb of methyl bromide with 0.25 pct to 2.0 pct chloropicrin as an indicator Single applications (nondomestic use) for soil treatment in closed systems Unclassi�ed Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 73/83 Container with not more than 1.5 lb having no indicator All uses Restricted Do. Methyl parathion All dust and granular formulations less than 5 pct ......do ......do Other hazards accident history. All foliar applications restricted based on residue effects on mammalian and avian species. Microencapsulated ......do ......do Residue effects on avian species. Hazard to bees. All dust and granular formulations 5 pct and greater and all wettable powders and liquids ......do ......do Acute dermal toxicity. Residue effects on mammalian and avian species. Nicotine (alkaloid) Liquid and dry formulations 14% and above Indoor (greenhouse) ......do Acute inhalation toxicity. All formulations Applications to cranberries ......do Effects on aquatic organisms. Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 74/83 Liquid and dry formulations 1.5% and less All uses (domestic and nondomestic) Unclassi�ed Paraquat (dichloride) and paraquat bis(methyl sulfate) All formulations and concentrations except those listed below All uses Restricted Other hazards. Use and accident history, human toxicological data. Pressurized spray formulations containing 0.44 pct Paraquat bis(methyl sulfate) and 15 pct petroleum distillates as active ingredients Spot weed and grass control ......do Liquid fertilizers containing concentrations of 0.025 pct paraquat dichloride and 0.03 percent atrazine; 0.03 pct paraquat dichloride and 0.37 pct atrazine, 0.04 pct paraquat dichloride and 0.49 pct atrazine All uses Unclassi�ed Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 75/83 Phorate Liquid formulations 65% and greater ......do Restricted Acute dermal toxicity. Residue effects on avian species (applies to foliar applications only). Residue effects on mammalian species (applies to foliar application only). All granular formulations Rice ......do Effects on aquatic organisms. Phosphamidon Liquid formulations 75% and greater ......do ......do Acute dermal toxicity. Residue effects on mammalian species. Residue effects on avian species. Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 76/83 Dust formulations 1.5% and greater ......do ......do Do. Residue effects on mammalian species. Picloram All formulations and concentrations except tordon 101 R ......do ......do Hazard to nontarget organisms (speci�cally nontarget plants both crop and noncrop). Tordon 101 R forestry herbicide containing 5.4 pct picloram and 20.9 pct 2.4-D Control of unwanted trees by cut surface treatment Unclassi�ed Sodium cyanide All capsules and ball formulations All uses Restricted Inhalation hazard to humans. Sodium �uoroacetate All solutions and dry baits ......do ......do Acute oral toxicity. Hazard to nontarget organisms. Use and accident history. 3 Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 77/83 Strychnine All dry baits, pellets and powder formulations greater than 0.5 pct ......do ......do Acute oral toxicity. Hazard to nontarget avain species. Use and accident history. All dry baits, pellets and powder formulations All uses calling for burrow builders ......do Hazard to nontarget organisms. All dry baits, pellets and powder formulations 0.5 pct and below All uses except subsoil ......do Do. ......do All subsoil uses Unclassi�ed Sulfotepp Sprays and smoke generators All uses Restricted Inhalation hazard to humans. Zinc Phosphide All formulations 2% and less All domestic uses and non-domestic uses in and around buildings Unclassi�ed All dry formulations 60% and greater. Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 78/83 All uses Restricted Acute inhalation toxicity. All bait formulations Non domestic outdoor uses (other than around buildings) ......do Hazard to non-target organisms. All dry formulations 10% and greater Domestic uses ......do Acute oral toxicity. “Under evaluation” means no classi�cation decision has been made and the use/formulation in question is still under active review within EPA. Percentages given are the total of dioxathion plus related compounds. (NOTE - M-44 sodium cyanide capsules may only be used by certi�ed applicators who have also taken the required additional training.) [43 FR 5790, Feb. 9, 1978, as amended at 44 FR 45132, Aug. 1, 1979; 46 FR 5698, Jan. 19, 1981. Redesignated and amended at 53 FR 15988, May 4, 1988; 60 FR 32096, June 19, 1995] Subparts J-T [Reserved] Subpart U - Registration Fees Source: 53 FR 19114, May 26, 1988, unless otherwise noted. § 152.400 Purpose. Subpart U prescribes fees to be charged for the pesticide regulatory activities set forth in § 152.403 as performed by the Environmental Protection Agency (as authorized by 31 U.S.C. 9701 and Pub. L. 100-202) and provisions regarding their payment. § 152.401 Inapplicability of fee provisions to applications �iled prior to October 1, 1997. 1 2 3 Active ingredient Formulation Use pattern Classi�cation1 Criteria in�uencing restriction https://www.federalregister.gov/citation/43-FR-5790 https://www.federalregister.gov/citation/44-FR-45132 https://www.federalregister.gov/citation/46-FR-5698 https://www.federalregister.gov/citation/53-FR-15988 https://www.federalregister.gov/citation/60-FR-32096 https://www.ecfr.gov/current/title-40/section-152.403 https://www.govinfo.gov/link/uscode/31/9701 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 79/83 No fee required by this subpart U shall be levied with respect to any application �led during the period beginning on October 25, 1988, and ending on September 30, 1997. See FIFRA section 4(i)(7) (added to FIFRA by Pub. L. 100-532, October 25, 1988, 102 Stat. 2654). [53 FR 11923, Mar. 22, 1989] § 152.403 De�initions of fee categories. [53 FR 19114, May 26, 1988, as amended at 72 FR 61028, Oct. 26, 2007] § 152.404 Fee amounts. The fee prescribed by the following table must be submitted with each application for registration, amended registration or experimental use permit. Fees will be adjusted annually in accordance with § 152.410. The Agency may waive or refund fees in accordance with § 152.412. Table - Registration Fees (a) New chemical registration review means review of an application for registration of a pesticide product containing a chemical active ingredient which is not contained as an active ingredient in any other pesticide product that is registered under FIFRA at the time the application is made. (b) New biochemical and microbial registration review means review of an application for registration of a biochemical or microbial pesticide product containing a biochemical or microbial active ingredient not contained in any other pesticide product that is registered under FIFRA at the time the application is made. For purposes of this subpart, the de�nitions of biochemical and microbial pesticides contained in § 158.2000 and § 158.2100, respectively, shall apply. (c) New use pattern registration review means review of an application for registration, or for amendment of a registration entailing a major change to the use pattern of an active ingredient contained in a product registered under FIFRA or pending Agency decision on a prior application at the time of application. For purposes of this paragraph, examples of major changes include but are not limited to, changes from non-food to food use, outdoor to indoor use, ground to aerial application, terrestrial to aquatic use, and non-residential to residential use. (d) Old chemical registration review means review of an application for registration of a new product containing active ingredients and uses which are substantially similar or identical to those currently registered or for which an application is pending Agency decision. (e) Amendment review means review of any application requiring Agency approval to amend the registration of a currently registered product, or for which an application is pending Agency decision, not entailing a major change to the use pattern of an active ingredient. (f) Experimental use permit review means review of an application for a permit pursuant to section 5 of FIFRA to apply a limited quantity of a pesticide in order to accumulate information necessary to register the pesticide. The application may be for a new chemical or for a new use of an old chemical. The fee applies to such experimental uses of a single unregistered active ingredient (no limit on the number of other active ingredients, in a tank mix, already registered for the crops involved) and no more than three crops. This fee does not apply to experimental use permits required for small-scale �eld testing of microbial pest control agents (40 CFR 172.3). https://www.federalregister.gov/citation/53-FR-11923 https://www.federalregister.gov/citation/53-FR-19114 https://www.federalregister.gov/citation/72-FR-61028 https://www.ecfr.gov/current/title-40/section-152.410 https://www.ecfr.gov/current/title-40/section-152.412 https://www.ecfr.gov/current/title-40/section-158.2000 https://www.ecfr.gov/current/title-40/section-158.2100 https://www.ecfr.gov/current/title-40/section-172.3 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 80/83 New chemical $184,500 New biochemical or microbial 64,000 New use pattern 33,800 Experimental use permit 4,500 Old chemical 4,000 Amendment 700 [53 FR 19114, May 26, 1988, as amended at 58 FR 34203, June 23, 1993] ยง 152.406 Submission of supplementary data. Applicants may submit data to supplement pending applications without incurring additional charges if the proper fee was paid with submission of the original application and subsequent submissions of supplementary data do not constitute a change in the type of registration action requested. [53 FR 19114, May 26, 1988, as amended at 58 FR 34203, June 23, 1993] ยง 152.408 Special considerations. ยง 152.410 Adjustment of fees. (a) If two or more applicants apply for a new chemical registration for products having the same active ingredient and each applicant provides a set of data in support of the registration developed independently of the other applicants' data, then each applicant submitting an independent set of data shall be charged the full new chemical registration review fee. (b) If two or more applicants apply for a new chemical registration for products having the same active ingredient and the applicants have jointly developed or paid for the joint development of a common set of data to support their applications for registration, then each applicant shall be charged an equal share of the total fee for review of the applications for all of the subject products. The total fee will include the sum of the new chemical registration review fee for one product and one old chemical registration review fee for each additional product. (c) If an application is received for registration of a product that contains two or more new chemical active ingredients and a different set of generic data is required by the Agency for each new chemical for the purpose of registration, the applicant will be required to pay the full new chemical registration review fee for each active ingredient. Type of review Fee https://www.federalregister.gov/citation/53-FR-19114 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/53-FR-19114 https://www.federalregister.gov/citation/58-FR-34203 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 81/83 § 152.412 Waivers and refunds. (a) The fee schedule will be adjusted annually by the same percentage as the percent change in the Federal General Schedule (GS) pay scale. Such adjustments will be published in the FEDERAL REGISTER as a �nal rule and will be effective 30 days or more after promulgation. (b) Processing costs and fees will be reviewed periodically and changes will be made to the schedule as necessary. Such adjustments will be published for notice and comment in the FEDERAL REGISTER. (a) Refunds. If an application is not accepted for processing because it is incomplete, the fee, less $1,200 for handling and initial review (or the amount of the fee, whichever is less), shall be returned. If an application is withdrawn by the applicant before signi�cant Agency scienti�c review has begun, the fee, less $1,200, shall be returned. If an unacceptable or withdrawn petition is resubmitted, it shall be accompanied by the fee that would be required if it were submitted for the �rst time. (b) Waiver of fees for activities initiated by the Agency. The Agency may waive fees for amended registrations where the amendment has been initiated solely by the Agency. The Agency retains sole discretion in determining when this fee will be waived. The announcement of the fee waiver will accompany the EPA request for an amendment. The Agency will not approve any individual requests for waivers of EPA-initiated activity fees. (c) Waiver of fees for activities initiated by applicants. Upon request by an applicant, together with the supporting documentation or justi�cation described in this paragraph, the Agency may waive or refund fees in whole or in part. A request for waiver must be submitted in accordance with § 152.414(a). An application for which a waiver of fees has been requested will not be accepted for review until the waiver has been granted, or until the waiver has been denied and thereafter the proper fee has been submitted. (1) Minor use. Fees may be waived for applications limited to minor uses that lack commercial feasibility for the pesticide applicant. An applicant requesting a waiver on this basis must provide supporting information that demonstrates that anticipated revenues from the uses that are the subject of the application would be insu�cient to pay back the cost of the fee. The burden of proof of the reasonableness of this estimate rests with the applicant. (2) IR-4. Fees will be waived for registration actions that are determined to be speci�cally associated with tolerance petitions submitted by the Inter-Regional Research Project Number 4 (IR-4 program) when such waiver is deemed by the Agency to be in the public interest. (3) Severe economic impact. The Agency may waive two-thirds of any cumulative registration fee payment in a 12-month period following completion of the applicant's most recent �scal year that exceeds 3 percent of the applicant's pesticide sales in its most recently completed �scal year. An applicant requesting a waiver on this basis must provide documentation (e.g. copy of an annual report, or income tax forms �led with the Internal Revenue Service, or if needed, a notarized statement signed by a corporate o�cer regarding annual pesticide sales) demonstrating that: (i) The company applying had less than $40 million in gross revenue (including all revenue sources) in the most recently concluded �scal year of operation, and a single fee would constitute more than 3 percent of the applicant's gross revenue from pesticide sales in the most recently completed �scal year of operation, or https://www.ecfr.gov/current/title-40/section-152.414#p-152.414(a) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 82/83 [53 FR 19114, May 26, 1988, as amended at 58 FR 34203, June 23, 1993] § 152.414 Procedures. (ii) The company applying had less than $40 million in gross revenue (including all revenue sources) in the most recently concluded �scal year of operation, and the cumulative registration fees paid during the 12 months following the applicant's most recently completed �scal year, including any registration fees paid for the applicant for which a waiver is requested, constitute more than 3 percent of the applicant's gross revenue from pesticide sales in the most recently concluded �scal year of operation. (iii) The Agency will not grant such a waiver if it determines that the entity submitting the application has been formed or manipulated to qualify for such a waiver. (4) Public interest. The Agency, in its discretion, may waive in whole or in part any of the fees established herein in the public interest. Examples include, but are not limited to, pesticides offering unique advantages for reducing public health risks, those that signi�cantly reduce a current environmental risk, or a product with extraordinary utility for use in Integrated Pest Management (IPM). (a) Procedures for requesting a waiver. (1) A request for a waiver must be submitted in writing at the time the application is submitted to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b). (2) A payment of $1,200 for processing the waiver or the amount of the actual fee, whichever is less, must be submitted simultaneously to the address set forth in paragraph (b) of this section. This fee will be refunded (or applied to any resulting partial fee) if the waiver is granted. Payment of fees for the registration activities, in contrast to the waiver fee, shall not be required until the Agency makes a determination on the waiver request. Since the actual fee is submitted to an address different than the one to which the waiver request is submitted, a copy of the payment document must be submitted with the waiver request that is submitted to the O�ce of Pesticide Programs' Document Processing Desk as described in paragraph (a)(1) of this section. No fee is required from a person who has no �nancial interest in the application. (b) Procedures for payment of fees. All fees required by this section must be paid by money order, bank draft, or certi�ed check drawn to the order of the Environmental Protection Agency. All payment of fees must be forwarded to the Environmental Protection Agency, Headquarters Accounting Operations Branch, O�ce of Pesticide Programs (Registration Fees), P.O. Box 360277M, Pittsburgh, PA 15251. The payments should be speci�cally labeled “Registration Fees” and should be accompanied only by a copy of the registration application form or the experimental use permit application form, as appropriate. An application will not be accepted for processing until the required fees have been submitted. (c) Procedures for submitting application and supporting data. The application, along with supporting data, shall be forwarded within 30 days of payment to the Washington DC address set forth in paragraph (a)(1) of this section. https://www.federalregister.gov/citation/53-FR-19114 https://www.federalregister.gov/citation/58-FR-34203 https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) https://www.ecfr.gov/current/title-40/section-152.414#p-152.414(b) https://www.ecfr.gov/current/title-40/section-152.414#p-152.414(a)(1) https://www.ecfr.gov/current/title-40/section-152.414#p-152.414(a)(1) 9/16/21, 2:46 PM eCFR :: 40 CFR Part 152 -- Pesticide Registration and Classification Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-152 83/83 [53 FR 19114, May 26, 1988, as amended at 58 FR 34203, June 23, 1993; 69 FR 39864, July 1, 2004; 71 FR 35545, June 21, 2006] Subparts V-Y [Reserved] Subpart Z - Devices § 152.500 Requirements for devices. [53 FR 15990, May 4, 1988. Redesignated at 60 FR 32096, June 19, 1995] (a) A device is de�ned as any instrument or contrivance (other than a �rearm) intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than a bacterium, virus, or other microorganism on or in living man or living animals) but not including equipment used for the application of pesticides (such as tamper-resistant bait boxes for rodenticides) when sold separately therefrom. (b) A device is not required to be registered under FIFRA sec. 3. The Agency has issued a policy statement concerning its authority and activities with respect to devices, which was published in the FEDERAL REGISTER of November 19, 1976 (41 FR 51065). A device is subject to the requirements set forth in: (1) FIFRA sec. 2(q)(1) and part 156 of this chapter, with respect to labeling; (2) FIFRA sec. 7 and part 167 of this chapter, with respect to establishment registration and reporting; (3) FIFRA sec. 8 and part 169 of this chapter, with respect to books and records; (4) FIFRA sec. 9, with respect to inspection of establishments; (5) FIFRA sec. 12, 13, and 14, with respect to violations, enforcement activities, and penalties; (6) FIFRA sec. 17, with respect to import and export of devices; (7) FIFRA sec. 25(c)(3), with respect to child-resistant packaging; and (8) FIFRA sec. 25(c)(4), with respect to the Agency's authority to declare devices subject to certain provisions of the Act. https://www.federalregister.gov/citation/53-FR-19114 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/69-FR-39864 https://www.federalregister.gov/citation/71-FR-35545 https://www.federalregister.gov/citation/53-FR-15990 https://www.federalregister.gov/citation/60-FR-32096 https://www.federalregister.gov/citation/41-FR-51065 https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/part-167 https://www.ecfr.gov/current/title-40/part-169 9/16/21, 2:47 PM eCFR :: 40 CFR Part 153 -- Registration Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-153 1/3 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 153 - REGISTRATION POLICIES AND INTERPRETATIONS Authority: 7 U.S.C. 136w. Subparts A-F [Reserved] Subpart G - Determination of Active and Inert Ingredients Source: 53 FR 15989, May 4, 1988, unless otherwise noted. § 153.125 Criteria for determination of pesticidal activity. View table of contents for this page (a) An ingredient will be considered an active ingredient if it is contained in a pesticide product and: (1) The ingredient has the capability by itself, and when used as directed at the proposed use dilution, to function as a pesticide; or (2) The ingredient has the ability to elicit or enhance a pesticidal effect in another compound whose pesticidal activity is substantially increased due to the interaction of the compounds. Compounds which function simply to enhance or prolong the activity of an active ingredient by physical action, such as stickers and other adjuvants, are not generally considered to be active ingredients. (b) Normally the applicant will determine and state in his application whether an ingredient is active or inert with respect to pesticidal activity. The Agency, as part of its review of an application for registration, or in conjunction with the Registration Standard or Special Review process, may require any ingredient, to be designated as an active ingredient if the Agency �nds that it meets the criteria in paragraph (a) of this section. Conversely, the Agency may determine that any ingredient designated as active by an applicant is an inert ingredient if it fails to meet those criteria. (c) If an ingredient is designated as an active ingredient, it must be identi�ed in the label ingredients statement. If an ingredient is designated as an inert ingredient, it must be included as part of the total inert ingredients in the label ingredients statement. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-153 https://www.ecfr.gov/current/title-40/section-153.125#p-153.125(a) 9/16/21, 2:47 PM eCFR :: 40 CFR Part 153 -- Registration Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-153 2/3 [53 FR 15989, May 4, 1988, as amended at 60 FR 32096, June 19, 1995] Subpart H - Coloration and Discoloration of Pesticides Source: 53 FR 15990, May 4, 1988, unless otherwise noted. ยง 153.140 General. Section 25(c)(5) of the Act authorizes the Administrator to prescribe regulations requiring coloration or discoloration of any pesticide if the Administrator determines that such requirements are feasible and necessary for the protection of health and the environment. This subpart describes those pesticide products which must be colored or discolored. [60 FR 32096, June 19, 1995] ยง 153.155 Seed treatment products. [53 FR 15990, May 4, 1988, as amended at 66 FR 66772, Dec. 27, 2001; 69 FR 23117, Apr. 28, 2004] Subparts I-M [Reserved] (d) Designation of a substance as a pesticidally inert ingredient does not relieve the applicant or registrant of other requirements of FIFRA with respect to labeling of inert ingredients or submission of data, or from the requirements of the Federal Food, Drug, and Cosmetic Act with respect to tolerances or other clearance of ingredients. (a) Pesticide products intended for use in treating seeds must contain an EPA-approved dye to impart an unnatural color to the seed, unless appropriate tolerances or other clearances have been established under the Federal Food, Drug and Cosmetic Act for residues of the pesticide. (b) The following products are exempt from the requirement of paragraph (a) of this section: (1) Products intended and labeled for use solely by commercial seed treaters, provided that the label bears a statement requiring the user to add an EPA-approved dye with the pesticide during the seed treatment process. (2) Products intended and labeled for use solely as at-planting or hopper box treatments. (3) Products which are gaseous in form or are used as fumigants. (c) EPA-approved dyes for seed treatment are listed in: (1) Sections 180.910, 180.920, and 180.950 if an exemption from the requirement of a tolerance has been established. (2) Section 180.2010 if EPA has determined that residues of the dye will be present, if at all, at levels that are below the threshold of regulation. (3) Section 180.2020 if it has been determined that no tolerance or exemption from the requirement of a tolerance is needed as a result of a determination by EPA that the use is unlikely to result in residues in food/feed. https://www.federalregister.gov/citation/53-FR-15989 https://www.federalregister.gov/citation/60-FR-32096 https://www.federalregister.gov/citation/60-FR-32096 https://www.federalregister.gov/citation/53-FR-15990 https://www.federalregister.gov/citation/66-FR-66772 https://www.federalregister.gov/citation/69-FR-23117 https://www.ecfr.gov/current/title-40/section-153.155#p-153.155(a) https://www.ecfr.gov/current/title-40/section-180.2010 https://www.ecfr.gov/current/title-40/section-180.2020 9/16/21, 2:47 PM eCFR :: 40 CFR Part 153 -- Registration Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-153 3/3 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 1/11 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 154 - SPECIAL REVIEW PROCEDURES Authority: 7 U.S.C. 136a, d, and w. Source: 50 FR 49015, Nov. 27, 1985, unless otherwise noted. Subpart A - General Provisions § 154.1 Purpose and scope. § 154.3 De�initions. Terms used in this part have the same meaning as in the Act. In addition, as used in this part, the following terms shall apply: Act or FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. Administrator means the Administrator of the Environmental Protection Agency or any o�cer or employee thereof to whom authority has been delegated to act for the Administrator. View table of contents for this page (a) Purpose. The purpose of the Special Review process is to help the Agency determine whether to initiate procedures to cancel, deny, or reclassify registration of a pesticide product because uses of that product may cause unreasonable adverse effects on the environment, in accordance with sections 3(c)(6) and 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The process is intended to ensure that the Agency assesses risks that may be posed by pesticides, and the bene�ts of use of those pesticides, in an open and responsive manner. The issuance of a Notice of Special Review means that the Agency has determined that one or more uses of a pesticide may pose signi�cant risks and that, following completion of the Special Review process, the Agency expects to initiate formal proceedings seeking to cancel, deny, reclassify, or require modi�cations to the registration of the product(s) in question unless it has been shown during the Special Review that the Agency's initial determination was erroneous, that the risks can be reduced to acceptable levels without the need for formal proceedings, or that the bene�ts of the pesticide's use outweigh the risks. Following completion of the Special Review process, a pesticide in question may be returned to the registration process. (b) Scope. This part sets forth the substantive standards for initiating a Special Review of a pesticide product and the procedures for initiating and conducting the Special Review. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 2/11 Con�dential business information means trade secrets or con�dential commercial or �nancial information under FIFRA section 10(b) or 5 U.S.C. 552(b)(3) or (4). Other signi�cant evidence means factually signi�cant information that relates to the uses of the pesticide and its adverse risk to man or to the environment but does not include evidence based only on misuse of the pesticide unless such misuse is widespread and commonly recognized practice. Person means an applicant, registrant, manufacturer, pesticide user, environmental group, labor union, or other individual or group of individuals interested in pesticide regulation. Pesticide use means a use of a pesticide (described in terms of the application site and other applicable identifying factors) that is included in the labeling of a pesticide product which is registered, or for which an application for registration is pending, and the terms and conditions (or proposed terms and conditions) of registration for the use. Terms and conditions of registration means the terms and conditions governing lawful sale, distribution, and use approved in conjunction with registration, including labeling, use classi�cation, composition, and packaging. Validated test means a test determined by the Agency to have been conducted and evaluated in a manner consistent with accepted scienti�c procedures. [73 FR 75595, Dec. 12, 2008] § 154.5 Burden of persuasion in determinations under this part. In making determinations under this part the Administrator shall be guided by the principle that the burden of persuasion that a pesticide product is entitled to registration or continued registration for any particular use or under any particular set of terms and conditions of registration is always on the proponent(s) of registration. § 154.7 Criteria for initiation of Special Review. (a) The Administrator may conduct a Special Review of a pesticide use if he determines, based on a validated test or other signi�cant evidence, that the use of the pesticide (taking into account the ingredients, impurities, metabolites, and degradation products of the pesticide): (1) May pose a risk of serious acute injury to humans or domestic animals. (2) May pose a risk of inducing in humans an oncogenic, heritable genetic, teratogenic, fetotoxic, reproductive effect, or a chronic or delayed toxic effect, which risk is of concern in terms of either the degree of risk to individual humans or the number of humans at some risk, based upon: (i) Effects demonstrated in humans or experimental animals. (ii) Known or predicted levels of exposure of various groups of humans. (iii) The use of appropriate methods of evaluating data and relating such data to human risk. https://www.govinfo.gov/link/uscode/5/552 https://www.govinfo.gov/link/uscode/5/552 https://www.federalregister.gov/citation/73-FR-75595 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 3/11 § 154.10 Petitions to begin the Special Review process. The Administrator may evaluate a pesticide use under the criteria of § 154.7 either on his own initiative, or at the suggestion of any interested person. § 154.15 Docket for the Special Review. (3) May result in residues in the environment of nontarget organisms at levels which equal or exceed concentrations acutely or chronically toxic to such organisms, or at levels which produce adverse reproductive effects in such organisms, as determined from tests conducted on representative species or from other appropriate data. (4) May pose a risk to the continued existence of any endangered or threatened species designated by the Secretary of the Interior or the Secretary of Commerce under the Endangered Species Act of 1973, as amended. (5) May result in the destruction or other adverse modi�cation of any habitat designated by the Secretary of the Interior or the Secretary of Commerce under the Endangered Species Act as a critical habitat for any endangered or threatened species. (6) May otherwise pose a risk to humans or to the environment which is of su�cient magnitude to merit a determination whether the use of the pesticide product offers offsetting social, economic, and environmental bene�ts that justify initial or continued registration. (b) In making any determination that a pesticide use satis�es one of the criteria for issuance of a Special Review speci�ed by paragraph (a) of this section, the Administrator shall consider available evidence concerning both the adverse effect in question and the magnitude and scope of exposure of humans and nontarget organisms associated with use of the pesticide. (a) Establishment of the docket. When the Agency �rst noti�es registrants privately that it is considering issuance of a Notice of Special Review for a pesticide, it shall establish a docket concerning that particular pesticide. (b) Contents of the docket. For each pre-Special Review or Special Review, the docket shall contain: (1) The Notice of Special Review, any Notice of Preliminary Determination, and any Notice of Final Determination. (2) Any notice issued under § 154.21 or § 154.23. (3) Any documents (other than information claimed to be con�dential business information) referred to by the Agency in those notices as relied upon by the Agency in reaching its determination. (4) Copies of all written comments or materials (other than information claimed to be con�dential business information) responding to any notice furnished under § 154.21 or § 154.23 or submitted at any time during the Special Review process by any person outside of government. (5) Any written response to the Notice of Preliminary Determination from the Secretary of Agriculture or the Scienti�c Advisory Panel. https://www.ecfr.gov/current/title-40/section-154.7 https://www.ecfr.gov/current/title-40/section-154.7#p-154.7(a) https://www.ecfr.gov/current/title-40/section-154.21 https://www.ecfr.gov/current/title-40/section-154.23 https://www.ecfr.gov/current/title-40/section-154.21 https://www.ecfr.gov/current/title-40/section-154.23 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 4/11 (6) A transcript of all public meetings held by the Scienti�c Advisory Panel or conducted by the Agency for the purpose of gathering information. (7) A memorandum describing each meeting between Agency personnel and any person or party outside of government which concerns a pending pre-Special Review or Special Review decision. Each such memorandum shall be based on notes taken at the meeting and shall specify the date and time of the meeting, the participants and their a�liations, who requested the meeting, the subject matter of the meeting, and the person who prepared the memorandum. Except for information claimed to be con�dential business information, each memorandum shall describe fully and accurately all signi�cant positions taken, arguments made, and facts presented by each participant in the meeting, and shall identify all documents, proposals, or other materials distributed or exchanged at the meeting. Any discussion of claimed con�dential business information shall be identi�ed in meeting notes and referenced in the memorandum. (8) All comments, correspondence, or other materials concerning a pending pre-Special Review or Special Review decision provided to the Agency by a person or party outside of government (other than information claimed to be con�dential business information). (9) All documents, proposals, or other materials concerning a pending pre-Special Review or Special Review decision, provided by the Agency to any person or party outside of government (other than information claimed to be con�dential business information). (c) Assertion of con�dential business information claims. (1) Information, comments, data, or other written material submitted to the Agency concerning a Special Review may be claimed by the submitter to be con�dential business information. The burden of identifying claimed con�dential business information rests with the submitter, or, in meetings, with the participants who wish to assert a claim of con�dentiality. (2) To assert a claim of con�dentiality for all or any part of a written submission concerning a Special Review, the submitter must furnish three copies of the material. Two copies must be complete, with claimed con�dential business information clearly marked in the text. Items in the document that are claimed con�dential should be numbered consecutively throughout the text. The third copy must have the claimed con�dential business information excised from the text without closing up or paraphrasing the remaining text. The deletions should be consecutively numbered to correspond to the numbering of the complete copies. Each copy must be marked on the cover as to whether it contains claimed con�dential business information. (3) Any written material concerning a Special Review received by the Agency that is not marked as con�dential will be deemed to be noncon�dential, and may be made available through the public docket or otherwise disclosed without prior notice to the submitter. (d) Placement of materials in the docket. Any memorandum identi�ed under paragraph (b)(7) of this section shall be placed in the docket within 10 working days of the subject meeting. Materials identi�ed under paragraph (b)(8) of this section shall be placed in the docket within 10 working days of receipt by the O�ce of Pesticide Programs, or within 15 working days of receipt by the O�ce of Pesticide Programs if the submitter has asserted https://www.ecfr.gov/current/title-40/section-154.15#p-154.15(b)(7) https://www.ecfr.gov/current/title-40/section-154.15#p-154.15(b)(8) 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 5/11 [50 FR 49015, Nov. 27, 1985, as amended at 69 FR 39864, July 1, 2004; 71 FR 35545, June 21, 2006] Subpart B - Procedures § 154.21 Preliminary noti�ication to registrants and applicants for registration. § 154.23 Proposed decision not to initiate a Special Review. a con�dential business information claim concerning the submittal. Materials identi�ed under paragraph (b)(9) of this section shall be placed in the docket within 15 working days of transmittal to such person or party outside of government. (e) Index. The Agency shall prepare and maintain a current index of all materials included in the docket. The index will include a list identifying, for each meeting between Agency personnel and a person or party outside of government for which a memorandum has been prepared, the date, the subject, participants, and person who requested the meeting. The index will also list any document included in the docket by its title, its source, its recipient, and the date it was received or provided by the Agency. (f) Access to the docket. (1) (i) For each chemical in Special Review, the docket shall be available for public inspection and copying and its index kept current and made available to the public on request. The docket and index for any pesticide for which the Agency has issued a pre-Special Review noti�cation under § 154.21 will only be made available for public inspection and copying following issuance of a proposed decision not to start a Special Review under § 154.23, a Notice of Special Review under § 154.25(c), or as otherwise speci�ed in § 154.34. (ii) The docket and index will be available at the OPP Regulatory Public Docket located as set forth in 40 CFR 150.17(c). (2) Information contained in the docket shall not be disclosed to the public to the extent that FIFRA or any other statute or regulation (including, but not limited to, 5 U.S.C. 552(b)(3) or (4)) prohibits its disclosure. (3) The Agency will distribute a compendium of indices for new materials in the public docket by mail, on a monthly basis, to those members of the public who have speci�cally requested such material. The Agency will announce the availability of docket indices both annually in the FEDERAL REGISTER and in each FEDERAL REGISTER Notice concerning pre-Special Review or Special Review for speci�c pesticides. The Agency may also periodically require parties on the mailing list to renew their previous request for such materials. (a) Preliminary noti�cation. If the Administrator decides that he may initiate a Special Review of a pesticide use, he shall send written notice by certi�ed mail to the affected registrant(s) and applicant(s) setting forth his decision and a general description of the information which supports it. (b) Comment opportunity. Registrant(s) and applicant(s) will be allowed 30 days from the receipt of noti�cation to respond in writing to dispute the validity of the Agency's conclusions or to present information in response to the noti�cation. https://www.federalregister.gov/citation/50-FR-49015 https://www.federalregister.gov/citation/69-FR-39864 https://www.federalregister.gov/citation/71-FR-35545 https://www.ecfr.gov/current/title-40/section-154.15#p-154.15(b)(9) https://www.ecfr.gov/current/title-40/section-154.21 https://www.ecfr.gov/current/title-40/section-154.23 https://www.ecfr.gov/current/title-40/section-154.25#p-154.25(c) https://www.ecfr.gov/current/title-40/section-154.34 https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(c) https://www.govinfo.gov/link/uscode/5/552 https://www.govinfo.gov/link/uscode/5/552 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 6/11 If the Administrator proposes not to initiate a Special Review after having given notice under § 154.21, he shall issue a proposed decision for publication in the FEDERAL REGISTER. The proposal shall include a description of the concerns which were the original basis for placement of the pesticide in pre-Special Review status and the Agency's rationale for its proposed decision, announce the availability of a public docket, and provide a period generally not less than 30 days for submission of comments. A notice under § 154.25(b) may not be published unless it has been preceded by a notice under this section. A proposal under this section shall not be based on the bene�ts of use of a pesticide product. § 154.25 Public announcement of �inal decision whether to initiate a Special Review. § 154.26 Comment opportunity. After issuance of a Notice of Special Review that applies to a use of a pesticide product (or category of products), any person may submit to the Agency any information, argument, or both, pertinent to: (a) The Administrator shall evaluate the available information and the comments received in response to the notice under § 154.21 and any notice issued under § 154.23, and shall issue for publication in the FEDERAL REGISTER a notice under paragraph (b) or (c) of this section. (b) If the Administrator determines after having given notice under § 154.21 not to initiate a Special Review, he shall issue his decision for publication in the FEDERAL REGISTER with a statement of reasons. (c) If the Administrator determines after having given notice under § 154.21 that one or more of the risk criteria set forth in § 154.7 have been satis�ed, the Agency shall issue a notice for publication in the FEDERAL REGISTER which shall include: (1) Identi�cation of the pesticide uses for which a Special Review has been initiated and an identi�cation of the criteria which have been satis�ed. (2) A brief discussion of the Agency's reasons for determining that the criteria have been satis�ed. (3) A statement indicating that EPA has established a docket for the Special Review, the contents of the docket, the location of the docket, and the times during which the docket will be available for inspection and copying. (4) An invitation to all interested persons to submit further information concerning the risks and bene�ts associated with each use of the pesticide subject to the Special Review. (5) A brief description of the Special Review process and a statement that registrants and applicants bear an a�rmative burden of supporting registration of a pesticide product. (6) A date by which information in response to the Agency's request for further information must be submitted. (d) In his discretion, the Administrator may request that the Scienti�c Advisory Panel hold a public meeting to review the scienti�c issues related to the Special Review. https://www.ecfr.gov/current/title-40/section-154.21 https://www.ecfr.gov/current/title-40/section-154.25#p-154.25(b) https://www.ecfr.gov/current/title-40/section-154.21 https://www.ecfr.gov/current/title-40/section-154.23 https://www.ecfr.gov/current/title-40/section-154.25#p-154.25(b) https://www.ecfr.gov/current/title-40/section-154.25#p-154.25(c) https://www.ecfr.gov/current/title-40/section-154.21 https://www.ecfr.gov/current/title-40/section-154.21 https://www.ecfr.gov/current/title-40/section-154.7 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 7/11 § 154.27 Meetings with interested persons. (a) Whether the use of a pesticide product satis�es any of the § 154.7 risk criteria, with respect to the composition, labeling, packaging, and restrictions on use of the product as currently registered. (b) Whether the use of a pesticide product would satisfy any of the § 154.7 risk criteria if its composition, labeling, packaging, and restrictions on use were approved in accordance with an application for registration or amended registration pending before the Agency. For further information see § 154.27(b). (c) Whether any risks posed by the use or proposed use of the product that satisfy the § 154.7 risk criteria are unreasonable, taking into account the economic, social, and environmental costs and bene�ts of the use of the product. (d) What regulatory action, if any, the Agency should take with respect to the use of the product. (a) In the Special Review process, to assure openness and responsiveness, no person or party outside of government will be afforded special or preferential access to Agency Special Review decisionmakers or to the Agency's Special Review process. At the same time, however, Agency personnel are free to meet and otherwise communicate with persons or parties outside of government, including registrants and manufacturers, users, trade unions, environmental groups and other interested persons, to obtain information, exchange views, explore factual and substantive positions, or discuss regulatory options concerning Special Review decisions. (b) Meetings between EPA and any person or party outside of government will not result in undue delay in reaching Special Review decisions. During such meetings, the Agency will not commit to take any particular action concerning a pending decision. The Agency may receive and consider information and recommendations from persons or parties outside of government; however, the Agency will make the �nal administrative decision on a wholly independent basis and in accordance with law. (c) Any interested person may ask to meet with Agency o�cials to discuss factual information available to the Agency, to present any factual information, to respond to presentations by other persons, or to discuss what regulatory actions should be taken regarding a pesticide which is or may be the subject of a Special Review. If, at its discretion, the Agency holds such meetings with any person outside of government concerning a use of a pesticide product, the Agency will prepare and �le in the docket a memorandum of such meeting, meeting the requirements speci�ed in § 154.15(b)(7). (d) Meetings described in this section may include meetings held after issuance of a Notice of Special Review with any registrant who proposes to change voluntarily the composition, packaging, and labeling, or other terms and conditions of registration of his pesticide product in a way which he believes would reduce the risks of use of the product so that it would no longer meet or exceed the risk criteria of § 154.7. Meetings for this purpose will be most helpful and productive for both registrants and the Agency if they are requested by registrants shortly after the issuance of the Notice of Special Review. (e) If the Agency meets with any person or party outside of government concerning a pending Special Review decision, the Agency will not issue a �nal Special Review decision until 30 days after inclusion of a memorandum concerning that meeting in the public docket. During those 30 days, any person or party may submit written comments to the Agency regarding the subject matter of the meeting in question. The Agency may issue a �nal Special Review decision without allowing this 30-day period if expedited action is https://www.ecfr.gov/current/title-40/section-154.7 https://www.ecfr.gov/current/title-40/section-154.7 https://www.ecfr.gov/current/title-40/section-154.27#p-154.27(b) https://www.ecfr.gov/current/title-40/section-154.7 https://www.ecfr.gov/current/title-40/section-154.15#p-154.15(b)(7) https://www.ecfr.gov/current/title-40/section-154.7 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 8/11 § 154.29 Informal public hearings. § 154.31 Notices of Preliminary Determination. The Administrator shall prepare a Notice of Preliminary Determination after the close of the comment period on a Notice of Special Review. necessary to protect public health or the environment, or if the Agency has invited other parties with potentially opposing viewpoints to the meeting in question (e.g., registrants, users, labor, and environmental groups). (f) The Agency may decline to meet subsequently with any person or party who asserts unreasonable con�dential business information claims pursuant to § 154.15(c) for the purpose of circumventing the docketing procedures described in § 154.15(b). (a) Timing. At any time after issuance of a Notice of Special Review and prior to issuance of a Notice of Final Determination, the Administrator may conduct an informal public hearing to gather relevant information or otherwise assist Agency decisionmaking. (b) FEDERAL REGISTER notice. The Administrator shall issue a notice for publication in the FEDERAL REGISTER of any informal public hearing to be held under this section. The notice shall contain the following information: (1) The time, date, and place of the hearing. (2) A brief description of the procedures governing participation in the hearing by interested persons. (3) The issues to be considered at the hearing. (c) Transcript. A verbatim transcript of the hearing shall be prepared and �led in the public docket. (a) Contents of notice. The Notice of Preliminary Determination shall respond to all signi�cant comments submitted in response to the Notice of Special Review. For each use of a pesticide product that was the subject of the Notice of Special Review, the Notice of Preliminary Determination shall also include, as appropriate: (1) A determination whether the use satis�es any of the risk criteria set forth in § 154.7, and a discussion of the reasons for the determination. (2) A determination of whether any changes in the composition, packaging, labeling, or restrictions on use of a pesticide product that were proposed in an application for new or amended registration submitted after issuance of the Notice of Special Review would reduce the risk so that the use no longer would satisfy any of the risk criteria in § 154.7. (3) If the use satis�es any of the risk criteria set forth in § 154.7, a determination of whether the adverse effects posed by the use are unreasonable, taking into account the economic, social, and environmental costs and bene�ts of the use of the product, and a discussion of reasons for the determination. (4) If the use is determined to pose an unreasonable adverse effect, a statement of the regulatory action, if any, which the Agency intends to initiate with respect to the use, and a discussion of the reasons for initiating that regulatory action. https://www.ecfr.gov/current/title-40/section-154.15#p-154.15(c) https://www.ecfr.gov/current/title-40/section-154.15#p-154.15(b) https://www.ecfr.gov/current/title-40/section-154.7 https://www.ecfr.gov/current/title-40/section-154.7 https://www.ecfr.gov/current/title-40/section-154.7 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 9/11 § 154.33 Notice of Final Determination. (5) A statement that the Administrator is requesting comments from the Secretary of Agriculture and the Scienti�c Advisory Panel on the notices and analysis speci�ed in paragraph (b) of this section, and that the notices and analysis are available on request. (6) Instructions to interested persons on how to submit comments (including the deadline for submission of comments). (7) The location of the docket under § 154.15 and the times during which the docket will be available for inspection and copying. (b) Referral to Secretary of Agriculture and Scienti�c Advisory Panel. If the Administrator proposes to cancel, deny, or change the classi�cation of the registration of a pesticide product which is the subject of a Special Review, or to hold a hearing under FIFRA section 6(b)(2) on whether to take any of those actions, he shall: (1) Prepare a proposed form of a Notice of Intent to Cancel, a Notice of Intent to Deny Registration, a Notice of Intent to Hold a Hearing, and/or a Notice of Intent to Change Classi�cation, as appropriate. (2) Prepare an Agricultural Impact Analysis, analyzing the impact of the proposed action on production and prices of agricultural commodities, retail food prices, and otherwise on the agricultural economy. (3) Send the proposed notices and analysis to the Secretary of Agriculture and the Scienti�c Advisory Panel for comment, as provided by the Act. (4) Send the Notice of Preliminary Determination and the other notices and analysis prepared under this section to all registrants and applicants for registration of products that are subject to the Special Review. (c) Publication. The Agency shall issue the Notice of Preliminary Determination for publication in the FEDERAL REGISTER. (a) Publication and notice to registrants and applicants. The Administrator shall prepare a Notice of Final Determination after the close of the comment period on a Notice of Preliminary Determination. As necessary, the Administrator shall also prepare Notices of Intent to Cancel, Notices of Denial, Notices of Intent to Hold a Hearing under FIFRA section 6(b)(2), or Notices of Intent to Change Classi�cation. (b) Contents. The Notice of Final Determination shall include: (1) For each pesticide use subject to the Notice of Preliminary Determination, the Agency's �nal determination with respect to each use, along with a discussion of the reasons for the determination. (2) Any comments submitted by the Secretary of Agriculture or the Scienti�c Advisory Panel, and the responses of the Administrator to these comments. (3) The response of the Administrator to any signi�cant public comments submitted on the Notice of Preliminary Determination. (4) Instructions to registrants, applicants for registration, and other interested persons concerning the procedures which will be used to implement any regulatory action which the Administrator has decided upon, including instructions concerning how to https://www.ecfr.gov/current/title-40/section-154.31#p-154.31(b) https://www.ecfr.gov/current/title-40/section-154.15 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 10/11 § 154.34 Expedited procedures. § 154.35 Finality of determinations. request hearings, if hearings are available as of right under the Act or have been made available by the Administrator under the Act. (5) The location of the docket under § 154.15 and the times during which the docket will be available for inspection and copying. (c) Publication and noti�cation of registrants and applicants. The Notice of Final Determination and any Notice of Intent to Cancel, Notice of Denial, Notice of Intent to Hold a Hearing, or Notice of Intent to Change Classi�cation shall be published in the FEDERAL REGISTER. If the Administrator issues a Notice of Intent to Cancel, Notice of Denial, Notice of Intent to Hold a Hearing, or Notice of Intent to Change Classi�cation, such notice, along with the Notice of Final Determination, also shall be sent by certi�ed mail to all affected registrants and applicants. (a) The Agency may elect to issue a Notice of Special Review and a Notice of Preliminary Determination simultaneously; or, to initiate cancellation, suspension, or denial proceedings concerning a pesticide or any of its uses without �rst conducting a Special Review or issuing a Notice of Preliminary Determination. (b) If the Agency elects to issue a simultaneous Notice of Special Review and Notice of Preliminary Determination, the Agency will make the docket for that decision available for public inspection no more than 3 months after the Agency privately noti�es the registrant of its risk concerns pursuant to § 154.21(a). (a) The Administrator will not approve an application for registration or amended registration of a pesticide product except by use of the procedures speci�ed in paragraph (c) of this section, if: (1) The application proposes registration of a product for a use which earlier had been the subject of a notice under § 154.21(a); (2) After the Administrator issued the notice, he determined not to initiate a Special Review, because of a proposal by an applicant for registration or amended registration to change the terms and conditions of registration of the product in a way which would reduce the risk su�ciently to eliminate the need for a Special Review; and (3) The application for registration or amended registration now proposes that the terms and conditions which served as the basis of the earlier determination be eliminated, or be modi�ed in a way which might increase the risk which was the subject of the notice under § 154.21(a). (b) The Administrator will not approve an application for registration or amended registration of a pesticide product except by use of the procedures speci�ed in paragraph (c) of this section, if: (1) The application proposed registration of a product for a use which earlier had been the subject of a Notice of Special Review issued under § 154.25; (2) After the Administrator issued that Notice, he determined not to issue a notice under FIFRA section 3(c)(6) or 6(b) because of a proposal by an applicant for registration or amended registration to change the terms and conditions of registration of the https://www.ecfr.gov/current/title-40/section-154.15 https://www.ecfr.gov/current/title-40/section-154.21#p-154.21(a) https://www.ecfr.gov/current/title-40/section-154.35#p-154.35(c) https://www.ecfr.gov/current/title-40/section-154.21#p-154.21(a) https://www.ecfr.gov/current/title-40/section-154.21#p-154.21(a) https://www.ecfr.gov/current/title-40/section-154.35#p-154.35(c) https://www.ecfr.gov/current/title-40/section-154.25 9/16/21, 2:47 PM eCFR :: 40 CFR Part 154 -- Special Review Procedures https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-154 11/11 product in a way which would reduce the risk su�ciently to eliminate the need for issuance of a notice under FIFRA section 3(c)(6) or 6(b); and (3) The application for registration or amended registration now proposes that the terms and conditions of registration which served as the basis for the earlier determination now be eliminated or be modi�ed in a way which might increase the risk which was the subject of the Notice of Special Review. (c) An application to which paragraph (a) or (b) of this section applies may not be approved until: (1) The Administrator issues a notice for publication in the FEDERAL REGISTER which describes why the application is subject to the provisions of this section, states that the Administrator proposes to approve the application and his reasons, solicits public comment on whether the application should be approved, and provides a period not less than 30 days for comments to be submitted; and (2) If any substantive comments are submitted in response to the notice, the Administrator issues a second notice for publication in the FEDERAL REGISTER responding to the comments. https://www.ecfr.gov/current/title-40/section-154.35#p-154.35(a) https://www.ecfr.gov/current/title-40/section-154.35#p-154.35(b) 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 1/11 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 155 - REGISTRATION STANDARDS AND REGISTRATION REVIEW Authority: 7 U.S.C. 136a and 136w. Source: 50 FR 49001, Nov. 27, 1985, unless otherwise noted. Subpart A [Reserved] Subpart B - Docketing and Public Participation Procedures § 155.23 De�initions. For the purposes of this part, con�dential business information means trade secrets or con�dential commercial or �nancial information under FIFRA sec. 10(b) or 5 U.S.C. 552(b) (3) or (4). § 155.25 Schedule. EPA will issue annually in the FEDERAL REGISTER a notice listing the pesticides (or groups of pesticides) for which Registration Standards are currently being developed. The list will include pesticides for which a Registration Standard is scheduled for issuance within the next year, and the approximate sequence of issuance. The list may also include pesticides for which a Registration Standard will be under development during the upcoming year, but which are not scheduled for issuance until the succeeding year. The notice will invite comment and submission of information on the individual pesticides on the list. § 155.27 Agency review of data. EPA will independently (or using the services of disinterested contractors or consultants) review available data in preparation for the development of a Registration Standard, and will be responsible for the drafting of the Registration Standard based on such data reviews. The Agency will not permit registrants to prepare, or assist in the preparation of, data reviews or other Registration Standard documents. The Agency may, however, meet with registrants to discuss its pending reviews, decisions, or documents, in accordance with the meeting procedures in § 155.30, and the docketing procedures in § 155.32. View table of contents for this page ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.govinfo.gov/link/uscode/5/552 https://www.ecfr.gov/current/title-40/section-155.30 https://www.ecfr.gov/current/title-40/section-155.32 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 2/11 § 155.30 Meetings and communications. EPA personnel may, upon their own initiative or upon request of any interested person or party, meet or communicate with persons or parties outside of government concerning a Registration Standard under development. Such meetings or communications will conform to the following policies and procedures: (a) Purpose. Meetings and communications may be for the purpose of receiving and considering information, exchanging views, exploring factual and substantive positions, discussing regulatory options or for any other purpose deemed appropriate by the Agency in its deliberations concerning development of a Registration Standard. The Agency will not commit to take any particular action concerning a Registration Standard under development during discussions with any person or party outside of government. The Agency will make its �nal administrative decision on a wholly independent basis, and in accordance with law. (b) Meetings with persons or parties outside of government. Requests by responsible persons or parties outside of government to meet with Agency personnel concerning a Registration Standard under development should be directed in writing to the Registration Division. Reasonable requests will ordinarily be granted on a timely basis. EPA will decide the time and place of such meetings, and the Agency personnel who will attend. EPA may decline to meet with persons or parties who assert unreasonable claims of con�dential business information for the purpose of circumventing the docketing procedures in § 155.32. EPA may also decline to meet if the number or frequency of meetings would delay unduly the issuance of the Registration Standard. Further, no person or party outside government will be accorded special or preferential access to Agency pesticide decisionmaking or to the Agency's decisional process. (c) Information submitted to the Agency concerning a Registration Standard under development. (1) Information, comments, data, or other written material submitted to the Agency at any time concerning a Registration Standard under development may be claimed by the submitter to be con�dential business information. The burden of identifying claimed con�dential business information rests with the submitter, or, in meetings, with the participants from outside of government who wish to assert a claim of con�dentiality. (2) To assert a claim of con�dentiality for all or any part of a written submission concerning a Registration Standard under development, the submitter must furnish three copies of the material. Two copies must be complete, with claimed con�dential business information clearly marked in the text. Items in the document that are claimed con�dential should be numbered consecutively throughout the document. The third copy must have the claimed con�dential business information excised from the text without closing up or paraphrasing the remaining text. The deletions should be consecutively numbered to correspond to the numbering of the complete copies. Each copy must be marked on the cover as to whether it contains claimed con�dential business information. (3) Any written material received by the Agency that is not marked as con�dential will be deemed to be noncon�dential, and may be made available through the public docket or otherwise disclosed without prior notice to the submitter. (d) Memorandum of meeting. For each meeting with a person or party outside of government, the Agency will prepare, based on notes taken at the meeting, a memorandum of the meeting. The memorandum will be prepared within 10 working days of the meeting and https://www.ecfr.gov/current/title-40/section-155.32 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 3/11 [50 FR 49001, Nov. 27, 1985, as amended at 58 FR 34203, June 23, 1993] § 155.32 Public docket. will include all of the following information: (1) The date and time of the meeting. (2) The name of the person who requested the meeting. (3) The names and a�liations of the participants. (4) The subject matter of the meeting. (5) A full and accurate description of all signi�cant positions taken, facts presented, and arguments made by each participant (except that any discussion of claimed con�dential business information will be identi�ed in meeting notes, and referenced in the memorandum). (6) Identi�cation of all documents, proposals, or other materials (other than information claimed to be con�dential business information) distributed or exchanged at the meeting. (7) The name of the person who prepared the memorandum. (a) When created. (1) A docket will be created for each Registration Standard under development when the Agency begins review of data for the Registration Standard or upon publication of the notice described in § 155.25 setting out the list and sequence of Registration Standards, whichever is earlier. The Agency will announce in its annual schedule notice the dockets that are available for Registration Standards under development. (2) If the Agency noti�es registrants privately in accordance with 40 CFR 154.21 that one or more risk criteria set forth in 40 CFR 154.7 (leading to a special review) may have been exceeded, that noti�cation and any subsequent communications concerning that noti�cation will be placed in a separate docket pertaining to possible special review in accordance with the provisions of § 154.15. (b) Contents of docket. The docket will contain, within the time frames indicated, all of the following documents and information (except that information claimed to be con�dential business information will not be included): (1) An index of its contents (refer to paragraph (c) of this section). (2) A copy of each comment received in response to the notice described in § 155.25 that pertains to a pesticide for which the notice indicated a Registration Standard was under development (within 10 working days after receipt by the Agency, or 15 working days if the submitter has asserted a con�dential business information claim concerning the material). (3) A copy of each memorandum of a meeting between the Agency and persons or parties outside of government, prepared in accordance with § 155.30(d) (within 10 working days after the meeting). (4) A copy of each document, comment, item of correspondence or other written material concerning the Registration Standard submitted to the Agency by any person or party outside of government, whether in a meeting or separately (within 10 https://www.federalregister.gov/citation/50-FR-49001 https://www.federalregister.gov/citation/58-FR-34203 https://www.ecfr.gov/current/title-40/section-155.25 https://www.ecfr.gov/current/title-40/section-154.21 https://www.ecfr.gov/current/title-40/section-154.7 https://www.ecfr.gov/current/title-40/section-154.15 https://www.ecfr.gov/current/title-40/section-155.32#p-155.32(c) https://www.ecfr.gov/current/title-40/section-155.25 https://www.ecfr.gov/current/title-40/section-155.30#p-155.30(d) 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 4/11 § 155.34 Notice of availability. working days after receipt, or 15 working days if the submitter has asserted a con�dential business information claim concerning the material). (5) A copy of each document, proposal, or other item of written material concerning the Registration Standard provided by the Agency to any person or party outside of government (within 15 working days after the item is made available to such person or party). (6) A copy of the Registration Standard; (7) With respect to a Registration Standard for which the Agency has determined that a substantially complete chronic health and teratology data base exists, a copy of the FEDERAL REGISTER notice concerning availability of a proposed Registration Standard, and a copy of each comment received in response to that notice (within 10 working days after receipt by the Agency, or 15 working days if the submitter has asserted a con�dential business information claim concerning the material). (8) A copy of the FEDERAL REGISTER notice announcing the issuance of the Registration Standard (within 10 working days after the publication of the notice). (c) Index of the docket. The Agency will establish and keep current an index to the docket for each Registration Standard. The index will include, but is not limited to: (1) A list of each meeting between the Agency and any person or party outside of government, containing the date and subject of the meeting, the names of participants and the name of the person requesting the meeting. (2) A list of each document in the docket by title, source or recipient(s), and the date the document was received or provided by the Agency. (d) Availability of docket and indices. (1) The Agency will make available to the public for inspection and copying the docket and index for any Registration Standard. (2) The Agency will establish and maintain a mailing list of persons who have speci�cally requested that they receive indices for Registration Standard dockets. On a quarterly basis, EPA will distribute the indices of new materials placed in the public docket to these persons. Annually, EPA will require that persons on the list renew their requests for inclusion on the list. (3) The Agency will issue annually in the FEDERAL REGISTER (in conjunction with the annual schedule notice speci�ed in § 155.25) a notice announcing the availability of docket indices. (4) Each FEDERAL REGISTER notice of availability of a Registration Standard will announce the availability of the docket index for that Standard. (a) The Agency will issue in the FEDERAL REGISTER a notice announcing the issuance and availability of Registration Standard which: (1) Concerns a previously unregistered active ingredient; or (2) Concerns a previously registered active ingredient, and the Registration Standard states that registrants will be required (under FIFRA section 3(c)(2)(B)) to submit chronic health (including, but not limited to, chronic feeding, oncogenicity and https://www.ecfr.gov/current/title-40/section-155.25 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 5/11 Subpart C - Registration Review Procedures Source: 71 FR 45732, Aug. 9, 2006, unless otherwise noted. § 155.40 General. [71 FR 45732, Aug. 9, 2006, as amended at 73 FR 75595, Dec. 12, 2008] § 155.42 Registration review cases. reproduction) or teratology studies. (b) Interested persons may submit comments concerning any Registration Standard described by paragraph (a) of this section at any time. (c) The Agency will issue in the FEDERAL REGISTER a notice announcing the availability of, and providing opportunity for comment on, each proposed Registration Standard which concerns a previously registered active ingredient for which the Agency has determined that a substantially complete chronic health and teratology data base exists. Following the comment period and issuance of the Registration Standard, the Agency will issue in the FEDERAL REGISTER a notice of availability of the Registration Standard. (a) Purpose. These regulations establish procedures for the registration review program required in FIFRA section 3(g). Registration review is the periodic review of a pesticide's registration to ensure that each pesticide registration continues to satisfy the FIFRA standard for registration. Under FIFRA section 3(g), each pesticide is required to be reviewed every 15 years. (1) Among other things, FIFRA requires that a pesticide generally will not cause unreasonable adverse effects on the environment. Registration review is intended to ensure that each pesticide's registration is based on current scienti�c and other knowledge regarding the pesticide, including its effects on human health and the environment. (2) If a product fails to satisfy the FIFRA standard for registration, the product's registration may be subject to cancellation or other remedies under FIFRA. (b) Applicability. This subpart applies to every pesticide product registered under FIFRA section 3 as well as all pesticide products registered under FIFRA section 24(c). It does not apply to products whose sale or distribution is authorized under FIFRA section 5 or section 18. (c) Limitations. (1) At any time, the Agency may undertake any other review of a pesticide under FIFRA, irrespective of the pesticide's past, ongoing, scheduled, or not yet scheduled registration review. (2) When the Agency determines that new data or information are necessary for a pesticide's registration review, it will require such data under FIFRA section 3(c)(2) (B). https://www.federalregister.gov/citation/71-FR-45732 https://www.federalregister.gov/citation/73-FR-75595 https://www.ecfr.gov/current/title-40/section-155.34#p-155.34(a) 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 6/11 (a) Establishing registration review cases. A registration review case will be composed of one or more active ingredients and all the products containing such ingredient(s). The Agency may group related active ingredients into a registration review case when the active ingredients are so closely related in chemical structure and toxicological pro�le as to allow common use of some or all required data for hazard assessment. (1) Existing pesticides. The Agency will assign each pesticide registered on or before the effective date of this regulation to a registration review case. (2) New pesticides. The Agency will assign each pesticide registered after the effective date of this regulation to an existing registration review case or to a new registration review case. (3) A pesticide product that contains multiple active ingredients will belong to the registration review cases for each of its active ingredients. (b) Modifying registration review cases. New data or information may suggest that a registration review case should be modi�ed. The Agency may modify a registration review case in the following ways: (1) Add a new active ingredient to a registration review case. The Agency may determine that a new active ingredient is chemically and toxicologically similar to active ingredients in an existing registration review case and should be grouped with the ingredients in the existing registration review case. (2) Split a registration review case into two or more registration review cases. For example, new data or information may suggest that active ingredients in a registration review case are not as similar as previously believed and that they belong in two or more separate registration review cases. (3) Move an ingredient from one registration review case to another. For example, new data or information might suggest that an ingredient should not be grouped with the other ingredients in the registration review case and that it belongs in a different registration review case. (4) Merge two or more registration review cases into a single registration review case. For example, new data or information might suggest that the active ingredients in two or more registration review cases should be grouped together for registration review. (5) Delete an active ingredient from a registration review case. For example, the Agency will remove the ingredient from the case if the registrations of all products containing an active ingredient in a registration review case are canceled. (c) Closing a registration review case. The Agency will close a registration review case if all products in the case are canceled. (d) Establishing a baseline date for a registration review case. For the purpose of scheduling registration reviews, the Agency will establish a baseline date for each registration review case. In general, the baseline date will be the date of initial registration of the oldest pesticide product in the case or the date of reregistration, whichever is later. For the purpose of these procedures, the date of reregistration is the date on which the Reregistration Eligibility Decision or Interim Reregistration Decision was signed, whichever date the Agency determines to be more appropriate based on the comprehensiveness of the review. (1) The Agency generally will not change the baseline date for a registration review case when it modi�es a case by adding or deleting ingredients or products. 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 7/11 § 155.44 Establish schedules for registration review. The Agency will develop schedules for registration review that are generally based on the baseline date of the registration review case or on the date of the latest registration review of the registration review case. The Agency may also take into account other factors, such as achieving process e�ciencies by reviewing related cases together, when developing schedules for registration review. The Agency will maintain schedules for the current year and at least two subsequent years on its website. § 155.46 Deciding that a registration review is complete and additional review is not needed. The Agency may determine that there is no need to reconsider a previous decision that a pesticide satis�es the standard of registration in FIFRA. In such cases, instead of establishing a pesticide registration review case docket as described in § 155.50, the Agency may propose that, based on its determination that a pesticide meets the FIFRA standard for registration, no further review will be necessary. In such circumstances, the Agency will publish a notice in the FEDERAL REGISTER announcing the availability of the proposed decision and provide a comment period of at least 60 calendar days. The Agency will publish a notice in the FEDERAL REGISTER announcing the availability of a �nal version of the decision, an explanation of any changes to the proposed decision and its response to any comments. The date of the �nal notice of availability would be used as the date of the latest registration review for the purpose of scheduling subsequent registration reviews. § 155.48 Data Call-In. The Agency may issue a Data Call-In notice under FIFRA section 3(c)(2)(B) at any time if the Agency believes that the data are needed to conduct the registration review. The provisions in FIFRA section 3(c)(1), (c)(2)(B), and (c)(2)(D) apply to the submission, compensation, and exemption of data required to conduct a registration review. § 155.50 Initiate a pesticide's registration review. The Agency will initiate a pesticide's registration review by establishing a docket for each registration review case, except for cases covered under § 155.46, and opening it for public review. (2) When the Agency splits a registration review case into two or more cases, the new case(s) generally will have the baseline date of the original registration review case. (3) When the Agency merges two or more registration review cases into a single case, the Agency generally will use the earliest baseline date as the baseline date for the new case. (e) Announcing registration review cases and baseline dates. The Agency will maintain a list of registration review cases, including baseline dates, on its website. (a) Contents of the registration review case docket. The Agency will place in this docket information that will assist the public in understanding the types of information and issues that the Agency may consider in the course of the registration review. The Agency may include information from its �les including, but not limited to, the following information: (1) An overview of registration review case status; https://www.ecfr.gov/current/title-40/section-155.50 https://www.ecfr.gov/current/title-40/section-155.46 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 8/11 § 155.52 Stakeholder engagement. In addition to the public participation opportunities described in § 155.50 and § 155.53(c), the Agency may meet with stakeholders regarding a forthcoming or ongoing registration review. For example, before conducting a pesticide's registration review, the Agency may consult with registrants or pesticide users regarding the use and usage of the pesticide. The Agency may consult with registrants, pesticide users, or other persons during a pesticide's registration review with regard to developing risk management options for a pesticide. The Agency may informally consult with o�cials of Federal, State or Tribal agencies regarding a forthcoming or ongoing registration review. (2) A list of current registrations and registrants, any FEDERAL REGISTER notices regarding pending registration actions, and current or pending tolerances; (3) Risk assessment documents; (4) Bibliographies concerning current registrations; (5) Summaries of incident data; and (6) Any other pertinent data or information. (b) Public review of the registration review case docket. The Agency will publish a notice in the FEDERAL REGISTER announcing the availability for public review of the information described in paragraph (a) of this section and establishing a comment period of at least 60 days. During this comment period, interested persons may identify any additional information they believe the Agency should consider in the course of the registration review. (c) Submission of data and other information during the comment period. The Agency may identify, either in the notice published under paragraph (b) of this section, or at any other time, data or information that it does not have but which may be useful, if available, for consideration in the registration review. Any person may submit data or information in response to such identi�cation. In order to be considered during a pesticide's registration review, the submitted data or information must meet the requirements listed below. (1) In order to ensure that the Agency will consider data or information in the conduct of a registration review, interested persons must submit the data or information during the comment period established in the notice described in paragraph (b) of this section. The Agency may, at its discretion, consider data or information submitted at a later date. (2) The data or information must be presented in a legible and useable form. For example, an English translation must accompany any material that is not in English and a written transcript must accompany any information submitted as an audiographic or videographic record. Written material may be submitted in paper or electronic form. (3) Submitters must clearly identify the source of any submitted data or information. (4) Submitters may request the Agency to reconsider data or information that the Agency rejected in a previous review. However, submitters must explain why they believe the Agency should reconsider the data or information in the pesticide's registration review. (d) For the purposes of this subpart, the provisions of subpart B do not apply. https://www.ecfr.gov/current/title-40/section-155.50 https://www.ecfr.gov/current/title-40/section-155.53#p-155.53(c) https://www.ecfr.gov/current/title-40/section-155.50#p-155.50(a) https://www.ecfr.gov/current/title-40/section-155.50#p-155.50(b) https://www.ecfr.gov/current/title-40/section-155.50#p-155.50(b) 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 9/11 [71 FR 45732, Aug. 9, 2006, as amended at 73 FR 75596, Dec. 12, 2008] § 155.53 Conduct of a pesticide's registration review. The Agency will review data and information described in § 155.50(a), (b), and (c) or submitted in response to a Data Call-In notice that it believes should be considered in the pesticide's registration review. (a) Minutes of meetings with persons outside of government. Subject to paragraph (c) of this section, if the Agency meets with one or more individuals that are not government employees to discuss matters relating to a registration review, the Agency will place in the docket a list of meeting attendees, minutes of the meeting, and any documents exchanged at the meeting, not later than the earlier of: (1) 45 days after the meeting; or (2) The date of issuance of the registration review decision. (b) Exchange of documents or other written material. In the course of a meeting with a person outside of government, the Agency or that person may provide the other with a copy of a document or other written material that has not yet been released to the public. The Agency will place a copy of any such document or other written material in the docket along with the minutes of the meeting where the materials were exchanged. (c) Con�dential business information. The Agency will identify, but not include in the docket, any con�dential business information whose disclosure is prohibited by FIFRA section 10. (a) Assess changes since a pesticide's last review. The Agency will assess any changes that may have occurred since the Agency's last registration decision in order to determine the signi�cance of such changes and whether the pesticide still satis�es the FIFRA standard for registration. The Agency will consider whether to conduct a new risk assessment to take into account, among other things, any changes in statutes or regulations, policy, risk assessment procedures or methods, or data requirements. The Agency will consider whether any new data or information on the pesticide, including any data or information submitted under § 155.50 or in response to a Data Call-In notice, warrant conducting a new risk assessment or a new risk/bene�t assessment. The Agency will also consider whether any new data or information regarding an individual pesticide product, including any data or information submitted under § 155.50 or in response to a Data Call-In notice, such as data or information about an inert ingredient in the pesticide product or other information or data relating to the composition, labeling or use of the pesticide product, warrant additional review of a pesticide product's registration. (b) Conduct new assessments as needed. (1) Active ingredient(s) in the registration review case. If the Agency �nds that a new assessment of the pesticide is needed, it will determine whether it can base the new assessment on available data or information, including data or information submitted under § 155.50 or in response to a Data Call-In notice. If su�cient data or information are available, the Agency will conduct the new risk assessment or risk/bene�t assessment. If the Agency determines that additional data or information are needed to conduct the review, the Agency will issue a Data Call-In notice under FIFRA section 3(c)(2)(B). https://www.federalregister.gov/citation/71-FR-45732 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-155.50#p-155.50(a) https://www.ecfr.gov/current/title-40/section-155.50#p-155.50(b) https://www.ecfr.gov/current/title-40/section-155.50#p-155.50(c) https://www.ecfr.gov/current/title-40/section-155.52#p-155.52(c) https://www.ecfr.gov/current/title-40/section-155.50 https://www.ecfr.gov/current/title-40/section-155.50 https://www.ecfr.gov/current/title-40/section-155.50 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 10/11 § 155.56 Interim registration review decision. The Agency may issue, when it determines it to be appropriate, an interim registration review decision before completing a registration review. Among other things, the interim registration review decision may require new risk mitigation measures, impose interim risk mitigation measures, identify data or information required to complete the review, and include schedules for submitting the required data, conducting the new risk assessment and completing the registration review. A FIFRA 3(c)(2)(B) notice requiring the needed data or information may precede, accompany, or follow issuance of the interim registration review decision. The Agency will follow procedures in § 155.58 when issuing an interim registration review decision. § 155.57 Registration review decision. A registration review decision is the Agency's determination whether a pesticide meets, or does not meet, the standard for registration in FIFRA. § 155.58 Procedures for issuing a decision on a registration review case. (2) Individual product registrations. If the Agency �nds that additional review of an individual product's registration is needed, it will review the pesticide product label, con�dential statement of formula, product-speci�c data, or other pertinent data or information, as appropriate, to determine whether the registration of the individual product meets the FIFRA standard for registration. If the Agency determines that additional data or information are needed to conduct the review, the Agency will issue a Data Call-In notice under FIFRA section 3(c)(2)(B). (c) Public participation during a pesticide's registration review. The Agency will generally make available for public review and comment a draft risk assessment for a pesticide if a new risk assessment has been conducted. The Agency will publish a notice in the FEDERAL REGISTER announcing the availability of the draft risk assessment and provide a comment period of at least 30 calendar days. The Agency will publish a notice in the FEDERAL REGISTER announcing the availability of a revised risk assessment, an explanation of any changes to the proposed document, and its response to comments. If the revised risk assessment indicates risks of concern, the Agency may, in the notice announcing the availability of the revised risk assessment, provide a comment period of at least 30 calendar days for the public to submit suggestions for mitigating the risk identi�ed in the revised risk assessment. (1) The Agency might not request comments on a draft risk assessment in cases where the Agency's initial screening of a pesticide indicates that it has low use/usage, affects few if any stakeholders or members of the public, poses low risk, and/or requires little or no risk mitigation. In such cases, the Agency will make a draft risk assessment available for public review and comment when it issues a proposed decision on the registration review case. (2) If the Agency �nds that it is not necessary to conduct a new risk assessment, it will issue a proposed decision on the registration review case as described in § 155.58. (a) The Agency will publish a notice in the FEDERAL REGISTER announcing the availability of a proposed registration review decision or a proposed interim registration review decision. At that time, the Agency will place in the pesticide's registration review docket the Agency's proposed decision and the bases for the decision. There will be a comment period of at least 60 calendar days on the proposed decision. https://www.ecfr.gov/current/title-40/section-155.58 https://www.ecfr.gov/current/title-40/section-155.58 9/16/21, 2:47 PM eCFR :: 40 CFR Part 155 -- Registration Standards and Registration Review https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-155 11/11 (b) In its proposed decision, the Agency will, among other things: (1) State its proposed �ndings with respect to the FIFRA standard for registration and describe the basis for such proposed �ndings. (2) Identify proposed risk mitigation measures or other remedies as needed and describe the basis for such proposed requirements. (3) State whether it believes that additional data are needed and, if so, describe what is needed. A FIFRA 3(c)(2)(B) notice requiring such data may be issued in conjunction with a proposed or �nal decision on the registration review case or a proposed or �nal interim decision on a registration review case. (4) Specify proposed labeling changes; and (5) Identify deadlines that it intends to set for completing any required actions. (c) After considering any comments on the proposed decision, the Agency will issue a registration review decision or interim registration review decision. This decision will include an explanation of any changes to the proposed decision and the Agency's response to signi�cant comments. The Agency will publish a notice in the FEDERAL REGISTER announcing the availability of a registration review decision or interim registration review decision. The registration review case docket will remain open until all actions required in the �nal decision on the registration review case have been completed. (d) If the registrant fails to take the action required in a registration review decision or interim registration review decision, the Agency may take appropriate action under FIFRA. 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 1/32 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 156 - LABELING REQUIREMENTS FOR PESTICIDES AND DEVICES Authority: 7 U.S.C. 136-136y. Subpart A - General Provisions § 156.3 De�initions. Terms used in this part have the same meaning as in the Act and part 152 of this chapter. In addition, as used in this part, the following terms shall have the meanings set forth below. Dilutable means that the pesticide product's labeling allows or requires the pesticide product to be mixed with a liquid diluent prior to application or use. Transport vehicle means a cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode. [73 FR 64224, Oct. 29, 2008] § 156.10 Labeling requirements. View table of contents for this page (a) General (1) Contents of the label. Every pesticide product shall bear a label containing the information speci�ed by the Act and the regulations in this part. The contents of a label must show clearly and prominently the following: (i) The name, brand, or trademark under which the product is sold as prescribed in paragraph (b) of this section; (ii) The name and address of the producer, registrant, or person for whom produced as prescribed in paragraph (c) of this section; (iii) The net contents as prescribed in paragraph (d) of this section; (iv) The product registration number as prescribed in paragraph (e) of this section; ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/part-152 https://www.federalregister.gov/citation/73-FR-64224 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(b) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(c) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(d) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(e) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 2/32 (v) The producing establishment number as prescribed in paragraph (f) of this section; (vi) An ingredient statement as prescribed in paragraph (g) of this section; (vii) Hazard and precautionary statements as prescribed in subpart D of this part for human and domestic animal hazards and subpart E of this part for environmental hazards. (viii) The directions for use as prescribed in paragraph (i) of this section; and (ix) The use classi�cation(s) as prescribed in paragraph (j) of this section. (2) Prominence and legibility. (i) All words, statements, graphic representations, designs or other information required on the labeling by the Act or the regulations in this part must be clearly legible to a person with normal vision, and must be placed with such conspicuousness (as compared with other words, statements, designs, or graphic matter on the labeling) and expressed in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (ii) All required label text must: (A) Be set in 6-point or larger type; (B) Appear on a clear contrasting background; and (C) Not be obscured or crowded. (3) Language to be used. All required label or labeling text shall appear in the English language. However, the Agency may require or the applicant may propose additional text in other languages as is considered necessary to protect the public. When additional text in another language is necessary, all labeling requirements will be applied equally to both the English and other-language versions of the labeling. (4) Placement of Label (i) General. The label shall appear on or be securely attached to the immediate container of the pesticide product. For purposes of this section, and the misbranding provisions of the Act, “securely attached” shall mean that a label can reasonably be expected to remain a�xed during the foreseeable conditions and period of use. If the immediate container is enclosed within a wrapper or outside container through which the label cannot be clearly read, the label must also be securely attached to such outside wrapper or container, if it is a part of the package as customarily distributed or sold. (ii) Tank cars and other bulk containers (A) Transportation. While a pesticide product is in transit, the appropriate provisions of 49 CFR parts 170-189, concerning the transportation of hazardous materials, and speci�cally those provisions concerning the labeling, marking and placarding of hazardous materials and the vehicles carrying them, de�ne the basic Federal requirements. In addition, when any registered pesticide product is transported in a tank car, tank truck or other mobile or portable bulk container, a copy of the accepted label must be attached to the shipping papers, and left with the consignee at the time of delivery. https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(f) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(g) https://www.ecfr.gov/current/title-40/part-156/subpart-D https://www.ecfr.gov/current/title-40/part-156/subpart-E https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(i) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(j) https://www.ecfr.gov/current/title-49/part-170 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 3/32 (B) Storage. When pesticide products are stored in bulk containers, whether mobile or stationary, which remain in the custody of the user, a copy of the label of labeling, including all appropriate directions for use, shall be securely attached to the container in the immediate vicinity of the discharge control valve. (5) False or misleading statements. Pursuant to section 2(q)(1)(A) of the Act, a pesticide or a device declared subject to the Act pursuant to § 152.500, is misbranded if its labeling is false or misleading in any particular including both pesticidal and non pesticidal claims. Examples of statements or representations in the labeling which constitute misbranding include: (i) A false or misleading statement concerning the composition of the product; (ii) A false or misleading statement concerning the effectiveness of the product as a pesticide or device; (iii) A false or misleading statement about the value of the product for purposes other than as a pesticide or device; (iv) A false or misleading comparison with other pesticides or devices; (v) Any statement directly or indirectly implying that the pesticide or device is recommended or endorsed by any agency of the Federal Government; (vi) The name of a pesticide which contains two or more principal active ingredients if the name suggests one or more but not all such principal active ingredients even though the names of the other ingredients are stated elsewhere in the labeling; (vii) A true statement used in such a way as to give a false or misleading impression to the purchaser; (viii) Label disclaimers which negate or detract from labeling statements required under the Act and these regulations; (ix) Claims as to the safety of the pesticide or its ingredients, including statements such as “safe,” “nonpoisonous,” “noninjurious,” “harmless” or “nontoxic to humans and pets” with or without such a qualifying phrase as “when used as directed”; and (x) Non-numerical and/or comparative statements on the safety of the product, including but not limited to: (A) “Contains all natural ingredients”; (B) “Among the least toxic chemicals known” (C) “Pollution approved” (6) Final printed labeling. (i) Except as provided in paragraph (a)(6)(ii) of this section, �nal printed labeling must be submitted and accepted prior to registration. However, �nal printed labeling need not be submitted until draft label texts have been provisionally accepted by the Agency. (ii) Clearly legible reproductions or photo reductions will be accepted for unusual labels such as those silk-screened directly onto glass or metal containers or large bag or drum labels. Such reproductions must be of micro�lm https://www.ecfr.gov/current/title-40/section-152.500 https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(a)(6)(ii) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 4/32 reproduction quality. (b) Name, brand, or trademark. (1) The name, brand, or trademark under which the pesticide product is sold shall appear on the front panel of the label. (2) No name, brand, or trademark may appear on the label which: (i) Is false or misleading, or (ii) Has not been approved by the Administrator through registration or supplemental registration as an additional name pursuant to § 152.132. (c) Name and address of producer, registrant, or person for whom produced. An unquali�ed name and address given on the label shall be considered as the name and address of the producer. If the registrant's name appears on the label and the registrant is not the producer, or if the name of the person for whom the pesticide was produced appears on the label, it must be quali�ed by appropriate wording such as “Packed for * * *,” “Distributed by * * *,” or “Sold by * * *” to show that the name is not that of the producer. (d) Net weight or measure of contents. (1) The net weight or measure of content shall be exclusive of wrappers or other materials and shall be the average content unless explicitly stated as a minimum quantity. (2) If the pesticide is a liquid, the net content statement shall be in terms of liquid measure at 68 °F (20 °C) and shall be expressed in conventional American units of �uid ounces, pints, quarts, and gallons. (3) If the pesticide is solid or semisolid, viscous or pressurized, or is a mixture of liquid and solid, the net content statement shall be in terms of weight expressed as avoirdupois pounds and ounces. (4) In all cases, net content shall be stated in terms of the largest suitable units, i.e., “1 pound 10 ounces” rather than “26 ounces.” (5) In addition to the required units speci�ed, net content may be expressed in metric units. (6) Variation above minimum content or around an average is permissible only to the extent that it represents deviation unavoidable in good manufacturing practice. Variation below a stated minimum is not permitted. In no case shall the average content of the packages in a shipment fall below the stated average content. (7) For a pesticide product packaged in a re�llable container, an appropriately sized area on the label may be left blank to allow the net weight or measure of content to be marked in by the re�ller according to 40 CFR 165.65(h) or 165.70(i) prior to distribution or sale of the pesticide. As required in paragraph (a)(1)(iii) of this section, the net contents must be shown clearly and prominently on the label. (e) Product registration number. The registration number assigned to the pesticide product at the time of registration shall appear on the label, preceded by the phrase “EPA Registration No.,” or the phrase “EPA Reg. No.” The registration number shall be set in type of a size and style similar to other print on that part of the label on which it appears and shall run parallel to it. The registration number and the required identifying phrase shall not appear in such a manner as to suggest or imply recommendation or endorsement of the product by the Agency. https://www.ecfr.gov/current/title-40/section-152.132 https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(h) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(i) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(a)(1)(iii) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 5/32 (f) Producing establishment's registration number. The producing establishment registration number preceded by the phrase “EPA Est.”, of the �nal establishment at which the product was produced may appear in any suitable location on the label or immediate container. It must appear on the wrapper or outside container of the package if the EPA establishment registration number on the immediate container cannot be clearly read through such wrapper or container. For a pesticide product packaged in a re�llable container, an appropriately sized area on the label may be left blank after the phrase “EPA Est.” to allow the EPA establishment registration number to be marked in by the re�ller according to 40 CFR 165.65(h) or 165.70(i) prior to distribution or sale of the pesticide. (g) Ingredient statement (1) General. The label of each pesticide product must bear a statement which contains the name and percentage by weight of each active ingredient, the total percentage by weight of all inert ingredients; and if the pesticide contains arsenic in any form, a statement of the percentages of total and water-soluble arsenic calculated as elemental arsenic. The active ingredients must be designated by the term “active ingredients” and the inert ingredients by the term “inert ingredients,” or the singular forms of these terms when appropriate. Both terms shall be in the same type size, be aligned to the same margin and be equally prominent. The statement “Inert Ingredients, none” is not required for pesticides which contain 100 percent active ingredients. Unless the ingredient statement is a complete analysis of the pesticide, the term “analysis” shall not be used as a heading for the ingredient statement. (2) Position of ingredient statement. (i) The ingredient statement is normally required on the front panel of the label. If there is an outside container or wrapper through which the ingredient statement cannot be clearly read, the ingredient statement must also appear on such outside container or wrapper. If the size or form of the package makes it impracticable to place the ingredient statement on the front panel of the label, permission may be granted for the ingredient statement to appear elsewhere. (ii) The text of the ingredient statement must run parallel with other text on the panel on which it appears, and must be clearly distinguishable from and must not be placed in the body of other text. (3) Names to be used in ingredient statement. The name used for each ingredient shall be the accepted common name, if there is one, followed by the chemical name. The common name may be used alone only if it is well known. If no common name has been established, the chemical name alone shall be used. In no case will the use of a trademark or proprietary name be permitted unless such name has been accepted as a common name by the Administrator under the authority of section 25(c)(6). (4) Statements of percentages. The percentages of ingredients shall be stated in terms of weight-to-weight. The sum of percentages of the active and the inert ingredients shall be 100. Percentages shall not be expressed by a range of values such as “22 25%.” If the uses of the pesticide product are expressed as weight of active ingredient per unit area, a statement of the weight of active ingredient per unit volume of the pesticide formulation shall also appear in the ingredient statement. (5) Accuracy of stated percentages. The percentages given shall be as precise as possible re�ecting good manufacturing practice. If there may be unavoidable variation between manufacturing batches, the value stated for each active ingredient shall be the lowest percentage which may be present. https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(h) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(i) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 6/32 (6) Deterioration. Pesticides which change in chemical composition signi�cantly must meet the following labeling requirements: (i) In cases where it is determined that a pesticide formulation changes chemical composition signi�cantly, the product must bear the following statement in a prominent position on the label: “Not for sale or use after [date].” (ii) The product must meet all label claims up to the expiration time indicated on the label. (7) Inert ingredients. The Administrator may require the name of any inert ingredient(s) to be listed in the ingredient statement if he determines that such ingredient(s) may pose a hazard to man or the environment. (h) [Reserved] (i) Directions for Use (1) General requirements (i) Adequacy and clarity of directions. Directions for use must be stated in terms which can be easily read and understood by the average person likely to use or to supervise the use of the pesticide. When followed, directions must be adequate to protect the public from fraud and from personal injury and to prevent unreasonable adverse effects on the environment. (ii) Placement of directions for use. Directions may appear on any portion of the label provided that they are conspicuous enough to be easily read by the user of the pesticide product. Directions for use may appear on printed or graphic matter which accompanies the pesticide provided that: (A) If required by the Agency, such printed or graphic matter is securely attached to each package of the pesticide, or placed within the outside wrapper or bag; (B) The label bears a reference to the directions for use in accompanying lea�ets or circulars, such as “See directions in the enclosed circular:” and (C) The Administrator determines that it is not necessary for such directions to appear on the label. (iii) Exceptions to requirement for direction for use. (A) Detailed directions for use may be omitted from labeling of pesticides which are intended for use only by manufacturers of products other than pesticide products in their regular manufacturing processes, provided that: (1) The label clearly shows that the product is intended for use only in manufacturing processes and speci�es the type(s) of products involved. (2) Adequate information such as technical data sheets or bulletins, is available to the trade specifying the type of product involved and its proper use in manufacturing processes; (3) The product will not come into the hands of the general public except after incorporation into �nished products; and 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 7/32 (4) The Administrator determines that such directions are not necessary to prevent unreasonable adverse effects on man or the environment. (B) Detailed directions for use may be omitted from the labeling of pesticide products for which sale is limited to physicians, veterinarians, or druggists, provided that: (1) The label clearly states that the product is for use only by physicians or veterinarians; (2) The Administrator determines that such directions are not necessary to prevent unreasonable adverse effects on man or the environment; and (3) The product is also a drug and regulated under the provisions of the Federal Food, Drug and Cosmetic Act. (C) Detailed directions for use may be omitted from the labeling of pesticide products which are intended for use only by formulators in preparing pesticides for sale to the public, provided that: (1) There is information readily available to the formulators on the composition, toxicity, methods of use, applicable restrictions or limitations, and effectiveness of the product for pesticide purposes; (2) The label clearly states that the product is intended for use only in manufacturing, formulating, mixing, or repacking for use as a pesticide and speci�es the type(s) of pesticide products involved; (3) The product as �nally manufactured, formulated, mixed, or repackaged is registered; and (4) The Administrator determines that such directions are not necessary to prevent unreasonable adverse effects on man or the environment. (2) Contents of Directions for Use. The directions for use shall include the following, under the headings “Directions for Use”: (i) The statement of use classi�cation as prescribed in paragraph (j) of this section immediately under the heading “Directions for Use.” (ii) Immediately below the statement of use classi�cation, the statement “It is a violation of Federal law to use this product in a manner inconsistent with its labeling.” (iii) The site(s) of application, as for example the crops, animals, areas, or objects to be treated. (iv) The target pest(s) associated with each site. (v) The dosage rate associated with each site and pest. (vi) The method of application, including instructions for dilution, if required, and type(s) of application apparatus or equipment required. (vii) The frequency and timing of applications necessary to obtain effective results without causing unreasonable adverse effects on the environment. (viii) Worker protection statements meeting the requirements of subpart K of this part. https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(j) https://www.ecfr.gov/current/title-40/part-156/subpart-K 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 8/32 DO NOT use more than one fogger per room. DO NOT use in small, enclosed spaces such as closets, cabinets, or under counters or tables. Do not use in a room 5 ft. × 5 ft. or smaller; instead, allow fog to enter from other rooms. Turn off ALL ignition sources such as pilot lights (shut off gas valves), other open �ames, or running electrical appliances that cycle off and on (i.e., refrigerators, thermostats, etc.). Call your gas utility or management company if you need assistance with your pilot lights.” (ix) Speci�c directions concerning the storage, residue removal and disposal of the pesticide and its container, in accordance with subpart H of this part. These instructions must be grouped and appear under the heading, “Storage and Disposal.” This heading must be set in type of the same minimum sizes as required for the child hazard warning. (See table in § 156.60(b)) (x) Any limitations or restrictions on use required to prevent unreasonable adverse effects, such as: (A) Required intervals between application and harvest of food or feed crops. (B) Rotational crop restrictions. (C) Warnings as required against use on certain crops, animals, objects, or in or adjacent to certain areas. (D) For total release foggers as de�ned in § 156.78(d)(1), the following statements must be included in the “Directions for Use.” (E) For restricted use pesticides, a statement that the pesticide may be applied under the direct supervision of a certi�ed applicator who is not physically present at the site of application but nonetheless available to the person applying the pesticide, unless the Agency has determined that the pesticide may only be applied under the direct supervision of a certi�ed applicator who is physically present. (F) Other pertinent information which the Administrator determines to be necessary for the protection of man and the environment. (j) Statement of use classi�cation. Any pesticide product for which some uses are classi�ed for general use and others for restricted use shall be separately labeled according to the labeling standards set forth in this subsection, and shall be marketed as separate products with different registration numbers, one bearing directions only for general use(s) and the other bearing directions for restricted use(s) except that, if a product has both restricted use(s) and general use(s), both of these uses may appear on a product labeled for restricted use. Such products shall be subject to the provisions of paragraph (j)(2) of this section. (1) General Use Classi�cation. Pesticide products bearing directions for use(s) classi�ed general shall be labeled with the exact words “General Classi�cation” immediately below the heading “Directions for Use.” And reference to the general classi�cation that suggests or implies that the general utility of the pesticide extends beyond those purposes and uses contained in the Directions for Use will be considered a false or misleading statement under the statutory de�nitions of misbranding. https://www.ecfr.gov/current/title-40/part-156/subpart-H https://www.ecfr.gov/current/title-40/section-156.60#p-156.60(b) https://www.ecfr.gov/current/title-40/section-156.78#p-156.78(d)(1) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(j)(2) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 9/32 [40 FR 28268, July 3, 1975; 40 FR 32329, Aug. 1, 1975; 40 FR 36571, Aug. 21, 1975, as amended at 43 FR 5786, Feb. 9, 1978. Redesignated and amended at 53 FR 15991, 15999, May 4, 1988; 57 FR 38146, Aug. 21, 1992; 60 FR 32096, June 19, 1995; 63 FR 9082, Feb. 23, 1998; 66 FR 64764, Dec. 14, 2001; 71 FR 47420, Aug. 16, 2006; 73 FR 75596, Dec. 12, 2008] Subparts B-C [Reserved] Subpart D - Human Hazard and Precautionary Statements Source: 66 FR 64764, Dec. 14, 2001, unless otherwise noted. § 156.60 General. Each product label is required to bear hazard and precautionary statements for humans and domestic animals (if applicable) as prescribed in this subpart. Hazard statements describe the type of hazard that may occur, while precautionary statements will either direct or inform the user of actions to take to avoid the hazard or mitigate its effects. (2) Restricted Use Classi�cation. Pesticide products bearing direction for use(s) classi�ed restricted shall bear statements of restricted use classi�cation on the front panel as described below: (i) Front panel statement of restricted use classi�cation. (A) At the top of the front panel of the label, set in type of the same minimum sizes as required for human hazard signal words (see table in paragraph (h)(1)(iv) of this section), and appearing with su�cient prominence relative to other text and graphic material on the front panel to make it unlikely to be overlooked under customary conditions of purchase and use, the statement “Restricted Use Pesticide” shall appear. (B) Directly below this statement on the front panel, a summary statement of the terms of restriction imposed as a precondition to registration shall appear. If use is restricted to certi�ed applicators, the following statement is required: “For retail sale to and use only by Certi�ed Applicators or persons under their direct supervision and only for those uses covered by the Certi�ed Applicator's certi�cation.” If, however, other regulatory restrictions are imposed, the Administrator will de�ne the appropriate wording for the terms of restriction by regulation. (a) Location of statements (1) Front panel statements. The signal word, child hazard warning, and, in certain cases, the �rst aid statement are required to appear on the front panel of the label, and also in any supplemental labeling intended to accompany the product in distribution or sale. (2) Statements elsewhere on label. Hazard and precautionary statements not required on the front panel may appear on other panels of the label, and may be required also in supplemental labeling. These include, but are not limited to, the human hazard and precautionary statements, domestic animal statements if applicable, a Note to Physician, and physical or chemical hazard statements. https://www.federalregister.gov/citation/40-FR-28268 https://www.federalregister.gov/citation/40-FR-32329 https://www.federalregister.gov/citation/40-FR-36571 https://www.federalregister.gov/citation/43-FR-5786 https://www.federalregister.gov/citation/53-FR-15991 https://www.federalregister.gov/citation/53-FR-15999 https://www.federalregister.gov/citation/57-FR-38146 https://www.federalregister.gov/citation/60-FR-32096 https://www.federalregister.gov/citation/63-FR-9082 https://www.federalregister.gov/citation/66-FR-64764 https://www.federalregister.gov/citation/71-FR-47420 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(h)(1)(iv) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 10/32 Type Sizes for Front Panel Warning Statements 5 and under 6 6 Over 5 to 10 10 6 Over 10 to 15 12 8 Over 15 to 30 14 10 Over 30 18 12 § 156.62 Toxicity Category. This section establishes four Toxicity Categories for acute hazards of pesticide products, Category I being the highest toxicity category. Most human hazard, precautionary statements, and human personal protective equipment statements are based upon the Toxicity Category of the pesticide product as sold or distributed. In addition, toxicity categories may be used for regulatory purposes other than labeling, such as classi�cation for restricted use and requirements for child-resistant packaging. In certain cases, statements based upon the Toxicity Category of the product as diluted for use are also permitted. A Toxicity Category is assigned for each of �ve types of acute exposure, as speci�ed in the table in this paragraph. Acute Toxicity Categories for Pesticide Products Oral LD Up to and including 50 mg/kg >50 thru 500 mg/kg >500 thru 5,000 mg/kg >5,000 mg/kg (b) Placement and prominence (1) Front panel statements. All required front panel warning statements shall be grouped together on the label, and shall appear with su�cient prominence relative to other front panel text and graphic material to make them unlikely to be overlooked under customary conditions of purchase and use. The table below shows the minimum type size requirements for the front panel warning statements for various front panel sizes. (2) Other required statements. All other hazard and precautionary statements must be at least 6 point type. 50 Size of Label Front Panel (Square Inches) Point Size Signal Word (All Capital Letters) Child Hazard Warning Hazard Indicators I II III IV 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 11/32 Dermal LD Up to and including 200 mg/kg >200 thru 2000 mg/kg >2000 thru 20,000 mg/kg >20,000 mg/kg Inhalation LC Up to and including 0.2 mg/liter >0.2 thru 2 mg/liter >2 thru 20 mg/liter >20 mg/liter Eye irritation Corrosive; corneal opacity not reversible within 7 days Corneal opacity reversible within 7 days; irritation persisting for 7 days No corneal opacity; irritation reversible within 7 days No irritation Skin irritation Corrosive Severe irritation at 72 hours Moderate irritation at 72 hours Mild or slight irritation at 72 hours § 156.64 Signal word. 50 50 (a) Requirement. Except as provided in paragraph (a)(4), each pesticide product must bear on the front panel a signal word, re�ecting the highest Toxicity Category (Category I is the highest toxicity category) to which the product is assigned by any of the �ve routes of exposure in § 156.62. The signal word must also appear together with the heading for the human precautionary statement section of the labeling (see § 156.70). (1) Toxicity Category I. Any pesticide product meeting the criteria of Toxicity Category I for any route of exposure must bear on the front panel the signal word “DANGER.” In addition, if the product is assigned to Toxicity Category I on the basis of its oral, inhalation or dermal toxicity (as distinct from skin and eye irritation), the word “Poison” must appear in red on a background of distinctly contrasting color, and the skull and crossbones symbol must appear in immediate proximity to the word “Poison.” (2) Toxicity Category II. Any pesticide product meeting the criteria of Toxicity Category II as the highest category by any route of exposure must bear on the front panel the signal word “WARNING.” (3) Toxicity Category III. Any pesticide product meeting the criteria of Toxicity Category III as the highest category by any route of exposure must bear on the front panel the signal word “CAUTION.” (4) Toxicity Category IV. A pesticide product meeting the criteria of Toxicity Category IV by all routes of exposure is not required to bear a signal word. If a signal word is used, it must be “CAUTION.” Hazard Indicators I II III IV https://www.ecfr.gov/current/title-40/section-156.62 https://www.ecfr.gov/current/title-40/section-156.70 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 12/32 § 156.66 Child hazard warning. § 156.68 First aid statement. (b) Use of signal words. In no case may a product: (1) Bear a signal word re�ecting a higher Toxicity Category than indicated by the route of exposure of highest toxicity, unless the Agency determines that such labeling is necessary to prevent unreasonable adverse effects on man or the environment; (2) Bear a signal word re�ecting a lesser Toxicity Category associated with a diluted product. Although precautionary statements for use dilutions may be included on label, the signal word must re�ect the toxicity of the product as distributed or sold; or (3) Bear different signal words on different parts of the label. (a) Each pesticide product must bear on the front panel of the label the statement “Keep Out of Reach of Children.” That statement, or any alternative statement approved by EPA, must appear on a separate line in close proximity to the signal word, if required. The statement is required on Toxicity Category IV products that do not otherwise require a signal word. (b) In its discretion, EPA may waive the requirement, or require or permit an alternative child hazard warning, if: (1) The applicant can demonstrate that the likelihood of exposure of children to the pesticide during distribution, marketing, storage or use is remote (for example, an industrial use product); or (2) The pesticide is approved for use on children (for example, an insect repellent). (c) EPA may approve an alternative child hazard warning that more appropriately re�ects the nature of the pesticide product to which children may be exposed (for example, an impregnated pet collar). In this case, EPA may also approve placement on other than the front panel. (a) Product as sold and distributed. Each product must bear a �rst aid statement if the product has systemic effects in Category I, II, or III, or skin or eye irritation effects in Category I or II. (b) Product as diluted for use. If the product labeling bears directions for dilution with water prior to use, the label may also include a statement describing how the �rst aid measures may be modi�ed for the diluted product. Such a statement must re�ect the Toxicity Category(ies) of the diluted product, based upon data for the route of exposure (or calculations if appropriate). If the labeling provides for a range of use dilutions, only that use dilution representing the highest concentration allowed by labeling may be used as the basis for a statement pertaining to the diluted product. The statement for a diluted product may not substitute for the statement for the concentrate, but augments the information provided for the concentrate. (c) Heading. The heading of the statement may be “First Aid” or “Statement of Practical Treatment.” 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 13/32 § 156.70 Precautionary statements for human hazards. Typical Human Hazard and Precautionary Statements I Fatal (poisonous) if swallowed [inhaled or absorbed through skin]. Do not breathe vapor [dust or spray mist]. Do not get in eyes, on skin, or on clothing. [Front panel �rst aid statement required.] Corrosive, causes eye and skin damage [or skin irritation]. Do not get in eyes on skin, or on clothing. Wear goggles or face shield and rubber gloves when handling. Harmful or fatal if swallowed. [Front panel �rst aid statement required.] If product is a sensitizer: Prolonged or frequently repeated skin contact may cause allergic reactions in some individuals. (d) Location of �rst aid statement. The �rst aid statement must appear on the front panel of the label of all products assigned to Toxicity Category I by any route of exposure. Upon review, the Agency may permit reasonable variations in the placement of the �rst aid statement if a reference such as “See �rst aid statement on back panel” appears on the front panel. The �rst aid statement for products assigned to Toxicity Categories II or III may appear on any panel of the label. (a) Requirement. Human hazard and precautionary statements as required must appear together on the label or labeling under the general heading “Precautionary Statements” and under appropriate subheadings similar to “Humans and Domestic Animals,” “Environmental Hazards” (see subpart E of this part) and “Physical or Chemical Hazards.” The phrase “and Domestic Animals” may be omitted from the heading if domestic animals will not be exposed to the product. (b) Content of statements. When data or other information show that an acute hazard may exist to humans or domestic animals, the label must bear precautionary statements describing the particular hazard, the route(s) of exposure and the precautions to be taken to avoid accident, injury or toxic effect or to mitigate the effect. The precautionary paragraph must be immediately preceded by the appropriate signal word. (c) Typical precautionary statements. The table below presents typical hazard and precautionary statements. Speci�c statements pertaining to the hazards of the product and its uses must be approved by the Agency. With Agency approval, statements may be augmented to re�ect the hazards and precautions associated with the product as diluted for use. Refer to § 156.68(b) for requirements for use dilution statements. Toxicity Category Systemic effects (oral, dermal, inhalation toxicity) Irritation effects (skin and eye) Sensitizer (There are no categories of sensitization.) https://www.ecfr.gov/current/title-40/part-156/subpart-E https://www.ecfr.gov/current/title-40/section-156.68#p-156.68(b) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 14/32 II May be fatal if swallowed, [inhaled or absorbed through the skin]. Do not breathe vapors [dust or spray mist]. Do not get in eyes, on skin, or on clothing. [Appropriate �rst aid statement required.] Causes eye [and skin] irritation. Do not get in eyes, on skin, or on clothing. Harmful if swallowed. [Appropriate �rst aid statement required.] III Harmful if swallowed [inhaled or absorbed through the skin]. Avoid breathing vapors [dust or spray mist]. Avoid contact with skin [eyes or clothing]. [Appropriate �rst aid statement required.] Avoid contact with skin, eyes or clothing. IV No precautionary statements required No precautionary statements required. § 156.78 Precautionary statements for physical or chemical hazards. Flammability Statements for Pressurized Products (a) Requirement. Warning statements on the �ammability or explosive characteristics of the pesticide product are required if a product meets the criteria in this section. Warning statements pertaining to other physical/chemical hazards (e.g., oxidizing potential, conductivity, chemical reactions leading to production of toxic substances) may be required on a case-by-case basis. (b) Pressurized products. The table below sets out the required �ammability label statements for pressurized products. Toxicity Category Systemic effects (oral, dermal, inhalation toxicity) Irritation effects (skin and eye) Sensitizer (There are no categories of sensitization.) Flash point/�ame extension of product Required labeling statement 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 15/32 Flash point at or below 20 °F Extremely �ammable. Contents under pressure. Keep away from �re, sparks, and heated surfaces. Do not puncture or incinerate container. Exposure to temperatures above 130 °F may cause bursting. OR Flashback at any valve opening Flash point >20 °F to 80 °F Flammable. Contents under pressure. Keep away from heat, sparks and open �ame. Do not puncture or incinerate container. Exposure to temperatures above 130 °F may cause bursting. OR Flame extension more than 18 in. long at a distance of 6 in from the �ame All other pressurized products Contents under pressure. Do not use or store near heat or open �ame. Do not puncture or incinerate container. Exposure to temperatures above 130 °F may cause bursting. Flammability Statements for Non-Pressurized Products At or below 20 °F Extremely �ammable. Keep away from �re, sparks and heated surfaces. Greater than 20 °F to 80 °F Flammable. Keep away from heat and open �ame. Greater than 80 °F to 150 °F Combustible. Do not use or store near heat or open �ame. (c) Non-pressurized products. The table below sets out the required �ammability label statements for non-pressurized products. Flash point/�ame extension of product Required labeling statement Flash point Required labeling statement 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 16/32 Highly Flammable Ingredient Ingrediente Altamente In�amable Subpart E - Environmental Hazard and Precautionary Statements Source: 66 FR 64767, Dec. 14, 2001, unless otherwise noted. § 156.80 General. § 156.85 Non-target organisms. (d) Total release fogger products. (1) A total release fogger is de�ned as a pesticide product in a pressurized container designed to automatically release the total contents in one operation, for the purpose of creating a permeating fog within a con�ned space to deliver the pesticide throughout the space. (2) If a pesticide product is a total release fogger containing a propellant with a �ash point at or below 20 °F, then the following special instructions must be added to the “Physical and Chemical Hazards” warning statement, in addition to any �ammability statement required by paragraph (b) of this section: This product contains a highly �ammable ingredient. It may cause a �re or explosion if not used properly. Follow the Directions for Use on this label very carefully. (3) A graphic symbol depicting �re, such as illustrated in this paragraph, or an equivalent symbol, must be displayed along with the required language adjoining the “Physical and Chemical Hazards” warning statement. The graphic symbol must be no smaller than twice the size of the �rst character of the human hazard signal word. (a) Requirement. Each product is required to bear hazard and precautionary statements for environmental hazards, including hazards to non-target organisms, as prescribed in this subpart. Hazard statements describe the type of hazard that may be present, while precautionary statements direct or inform the user of actions to take to avoid the hazard or mitigate its effects. (b) Location of statements. Environmental hazard and precautionary statements may appear on any panel of the label and may be required also in supplemental labeling. The environmental hazard statements must appear together under the heading “Environmental Hazards.” Typically the statements are grouped as a sub-category within the “Precautionary Statements” section of the labeling. (c) Type size. All environmental hazard and precautionary statements must be at least 6 point type. (a) Requirement. Where a hazard exists to non-target organisms, EPA may require precautionary statements of the nature of the hazard and the appropriate precautions to avoid potential accident, injury, or damage. https://www.ecfr.gov/current/title-40/section-156.78#p-156.78(b) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 17/32 Subparts F-G [Reserved] Subpart H - Container Labeling Source: 71 FR 47420, Aug. 16, 2006, unless otherwise noted. § 156.140 Identi�ication of container types. For products other than plant-incorporated protectants, the following statements, as applicable, must be placed on the label or container. The information may be located on any part of the container except the closure. If the statements are placed on the container, they must be durably marked on the container. Durable marking includes, but is not limited to etching, embossing, ink jetting, stamping, heat stamping, mechanically attaching a plate, molding, or marking with durable ink. (b) Examples. The statements in this paragraph illustrate the types of hazard statements that EPA may require and the circumstances under which they are typically required. These statements are not comprehensive; other statements may be required if more appropriate to the formulation or use. (1) If a pesticide intended for outdoor use contains an active ingredient with a mammalian acute oral LD of 100 mg/kg or less, the statement, “This pesticide is toxic to wildlife” is required. 50 (2) If a pesticide intended for outdoor use contains an active ingredient with a �sh acute LC of 1 ppm or less, the statement, “This pesticide is toxic to �sh” is required.50 (3) If a pesticide intended for outdoor use contains an active ingredient with an avian acute oral LD of 100 mg/kg or less, or a subacute dietary LC of 500 ppm or less, the statement, “This pesticide is toxic to wildlife” is required. 50 50 (4) If either accident history or �eld studies demonstrate that the use of the pesticide may result in fatality to birds, �sh or mammals, the statement, “This pesticide is extremely toxic to wildlife (�sh)” is required. (5) If a product is intended for or involves foliar application to agricultural crops, forests or shade trees, or mosquito abatement treatments, and contains a pesticide toxic to pollinating insects, the label must bear appropriate label cautions. (6) If a product is intended for outdoor use other than aquatic applications, the label must bear the caution, “Keep out of lakes, ponds or streams. Do not contaminate water by cleaning of equipment or disposal of wastes.” (a) Nonre�llable container. For nonre�llable containers, the statements in paragraphs (a)(1) through (a)(4) of this section are required except as provided in paragraphs (a)(5), (c), (d), and (e) of this section. If placed on the label, the statements in paragraphs (a)(1) through (a)(3) of this section must be under an appropriate heading under the heading “Storage and Disposal.” If any of the statements in paragraphs (a)(1) through (a)(3) of this section are placed on the container, an appropriate referral statement such as “See container for recycling [or other descriptive word] information.” must be placed on the label under the heading “Storage and Disposal.” https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(1) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(4) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(5) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(c) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(d) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(e) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(1) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(3) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(1) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(3) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 18/32 (1) Statement identifying a nonre�llable container. The following phrase is required: “Nonre�llable container.” (2) Reuse statement. One of the following statements is required. Products with labels that allow household/residential use must use the statement in paragraph (a)(2)(i) or (a)(2)(iii) of this section. All other products must use the statement in paragraph (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this section. (i) “Do not reuse or re�ll this container.” (ii) “Do not reuse this container to hold materials other than pesticides or dilute pesticides (rinsate). After emptying and cleaning, it may be allowable to temporarily hold rinsate or other pesticide-related materials in the container. Contact your state regulatory agency to determine allowable practices in your state.” (iii) The following statement may be used if a product is “ready-to-use” and its directions for use allow a different product (that is a similar, but concentrated formulation) to be poured into the container and diluted by the end user: “Do not reuse or re�ll this container unless the directions for use allow a different (concentrated) product to be diluted in the container.” (3) Recycling or reconditioning statement. One of the following statements is required: (i) “Offer for recycling if available.” (ii) “Once cleaned, some agricultural plastic pesticide containers can be taken to a container collection site or picked up for recycling. To �nd the nearest site, contact your chemical dealer or manufacturer or contact [a pesticide container recycling organization] at [phone number] or [web site]. For example, this statement could be “Once cleaned, some agricultural plastic pesticide containers can be taken to a container collection site or picked up for recycling. To �nd the nearest site, contact your chemical dealer or manufacturer or contact the Ag Container Recycling Council (ACRC) at 1-877-952-2272 (toll free) or www.acrecycle.org.” (iii) A recycling statement approved by EPA and published in an EPA document, such as a Pesticide Registration Notice. (iv) An alternative recycling statement that has been reviewed and approved by EPA. (v) “Offer for reconditioning if appropriate.” (4) Batch code. A lot number, or other code used by the registrant or producer to identify the batch of the pesticide product which is distributed and sold is required. (5) Exemptions. Pesticide products in the following types of nonre�llable containers, and their packaging, are exempt from the requirements in paragraphs (a)(1) and (a)(2) of this section: (i) Aerosol cans. (ii) Devices as de�ned in § 152.500 of this chapter. (iii) One-time use caulking tubes and other one-time use squeezable tube containers for paste, gel, or other similar substances. https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(2)(i) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(2)(iii) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(2)(i) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(2)(ii) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(2)(iii) http://www.acrecycle.org/ https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(1) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(a)(2) https://www.ecfr.gov/current/title-40/section-152.500 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 19/32 [71 FR 47420, Aug. 16, 2006, as amended at 73 FR 64224, Oct. 29, 2008] § 156.144 Residue removal instructions - general. (iv) Foil packets for water soluble packaging, repellent wipes, and other one-time use products. (v) One-time use portion control packets, such as polyethylene sleeve packages, or rodenticide placepacks. (vi) One-time use bait stations. (vii) One-time use cages for repellent or trapping strips. (viii) Pet collars or animal ear tags, such as cattle ear tags. (ix) One-time use semiochemical dispersion devices. (x) Any container that is destroyed by the use of the product contained. (xi) Any container that would be destroyed if reuse of the container were attempted. (b) Re�llable container. For re�llable containers, one of the following statements is required, except as provided in paragraphs (c), (d), and (e) of this section. If placed on the label, the statement must be under the heading “Storage and Disposal.” If the statement is placed on the container, an appropriate referral statement, such as “Re�lling limitations are on the container.” must be placed under the heading “Storage and Disposal.” (1) “Re�llable Container. Re�ll this container with pesticide only. Do not reuse this container for any other purpose.” (2) “Re�llable Container. Re�ll this container with [common chemical name] only. Do not reuse this container for any other purpose.” (c) Modi�cation. EPA may, on its own initiative or based on data or information submitted by any person, modify or waive the requirements of this section or permit or require alternative labeling statements. (d) Exemption for articles. Pesticidal articles that are not exempted from FIFRA regulation by § 152.25(a) of this chapter are exempt from the requirements of this section. (e) Exemption for transport vehicles. Transport vehicles are exempt from the requirements of this section. (a) General. Except as provided by paragraphs (c) through (g) of this section, the label of each pesticide product must include the applicable instructions for removing pesticide residues from the container prior to container disposal that are speci�ed in § 156.146 and § 156.156. The residue removal instructions are required for both nonre�llable and re�llable containers. (b) Placement of residue removal statements. All residue removal instructions must be placed under the heading “Storage and Disposal.” (c) Exemption for residential/household use products. Residential/household use pesticide products are exempt from the residue removal instruction requirements in this section through § 156.156. https://www.federalregister.gov/citation/71-FR-47420 https://www.federalregister.gov/citation/73-FR-64224 https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(c) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(d) https://www.ecfr.gov/current/title-40/section-156.140#p-156.140(e) https://www.ecfr.gov/current/title-40/section-152.25#p-152.25(a) https://www.ecfr.gov/current/title-40/section-156.144#p-156.144(c) https://www.ecfr.gov/current/title-40/section-156.144#p-156.144(g) https://www.ecfr.gov/current/title-40/section-156.146 https://www.ecfr.gov/current/title-40/section-156.156 https://www.ecfr.gov/current/title-40/section-156.156 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 20/32 [71 FR 47420, Aug. 16, 2006, as amended at 73 FR 64224, Oct. 29, 2008] § 156.146 Residue removal instructions for nonre�illable containers - rigid containers with dilutable pesticides. The label of each dilutable (liquid or solid) pesticide product packaged in a rigid nonre�llable container must include the following residue removal instructions as appropriate. (d) Modi�cation. EPA may, on its own initiative or based on data submitted by any person, modify or waive the requirements of this section through § 156.156, or permit or require alternative labeling statements. (e) Exemption for gases. Pesticide products that are gaseous at atmospheric temperature and pressure are exempt from the residue removal instruction requirements in this section through § 156.156. (f) Exemption for articles. Pesticidal articles that are not exempted from FIFRA regulation by § 152.25(a) of this chapter are exempt from the residue removal instruction requirements in this section through § 156.156. (g) Exemption for transport vehicles. Transport vehicles are exempt from the requirements in this section through § 156.156. (a) Timing of the residue removal procedure. One of the following statements must immediately precede the instructions required in paragraph (b) of this section and must be consistent with the instructions in paragraphs (b) and (c) of this section: (1) “Clean container promptly after emptying.” (2) “Triple rinse or pressure rinse container (or equivalent) promptly after emptying.” (3) “Triple rinse container (or equivalent) promptly after emptying.” (b) Triple rinse instructions. The label of each dilutable pesticide product packaged in rigid nonre�llable containers must include one of the following sets of instructions. (1) For liquid dilutable pesticide products in containers small enough to shake, use the following instructions: “Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the �ow begins to drip. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the �ow begins to drip. Repeat this procedure two more times.” (2) For solid dilutable pesticide products in containers small enough to shake, use the following instructions: “Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the �ow begins to drip. Repeat this procedure two more times.” (3) For containers that are too large to shake, use the following instructions: “Triple rinse as follows: Empty remaining contents into application equipment or a mix tank. Fill the container 1/4 full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth several times. Turn https://www.federalregister.gov/citation/71-FR-47420 https://www.federalregister.gov/citation/73-FR-64224 https://www.ecfr.gov/current/title-40/section-156.156 https://www.ecfr.gov/current/title-40/section-156.156 https://www.ecfr.gov/current/title-40/section-152.25#p-152.25(a) https://www.ecfr.gov/current/title-40/section-156.156 https://www.ecfr.gov/current/title-40/section-156.156 https://www.ecfr.gov/current/title-40/section-156.146#p-156.146(b) https://www.ecfr.gov/current/title-40/section-156.146#p-156.146(b) https://www.ecfr.gov/current/title-40/section-156.146#p-156.146(c) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 21/32 § 156.156 Residue removal instructions for re�illable containers. The label of each pesticide product packaged in a re�llable container must include the residue removal instructions in this section. Instructions must be given for all pesticide products that are distributed or sold in re�llable containers, including those that do not require dilution prior to application. the container over onto its other end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat this procedure two more times.” (c) Pressure rinse instructions. The label of each dilutable pesticide product packaged in rigid nonre�llable containers may include one of the following sets of instructions, and one of them must be used if the statement in paragraph (a)(2) of this section is used. If one of these statements is included on the label, it must immediately follow the triple rinse instructions speci�ed in paragraph (b) of this section. (1) For liquid dilutable pesticide products, use the following label instruction: “Pressure rinse as follows: Empty the remaining contents into application equipment or a mix tank and continue to drain for 10 seconds after the �ow begins to drip. Hold container upside down over application equipment or mix tank or collect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container, and rinse at about 40 PSI for at least 30 seconds. Drain for 10 seconds after the �ow begins to drip.” (2) For solid dilutable pesticide products, use the following label instruction: “Pressure rinse as follows: Empty the remaining contents into application equipment or a mix tank. Hold container upside down over application equipment or mix tank or collect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container, and rinse at about 40 PSI for at least 30 seconds. Drain for 10 seconds after the �ow begins to drip.” (d) Non-water diluent. (1) A registrant who wishes to require users to clean a container with a diluent other than water (e.g., solvents) must submit to EPA a written request to modify the residue removal instructions of this section. The registrant may not distribute or sell the pesticide with the modi�ed residue removal instructions until EPA approves the request in writing. (2) The registrant must indicate why a non-water diluent is necessary for e�cient residue removal, and must propose residue removal instructions and disposal instructions that are appropriate for the characteristics and formulation of the pesticide product and non-water diluent. The proposed residue removal instructions must identify the diluent. If the Directions for Use permit the application of a mixture of the pesticide and the non-water diluent, the instructions may allow the rinsate to be added to the application equipment or mix tank. If the Directions for Use do not identify the non-water diluent as an allowable addition to the pesticide, the instructions must require collection and storage of the rinsate in a rinsate collection system. (3) EPA may approve the request if EPA �nds that the proposed instructions are necessary and appropriate. https://www.ecfr.gov/current/title-40/section-156.146#p-156.146(a)(2) https://www.ecfr.gov/current/title-40/section-156.146#p-156.146(b) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 22/32 § 156.159 Compliance date. Any pesticide product released for shipment by a registrant after August 16, 2011 must bear a label that complies with §§ 156.10(d)(7), 156.10(f), 156.10(i)(2)(ix), 156.140, 156.144, 156.146 and 156.156. [75 FR 62326, Oct. 8, 2010] Subparts I-J [Reserved] Subpart K - Worker Protection Statements Source: 57 FR 38146, Aug. 21, 1992, unless otherwise noted. § 156.200 Scope and applicability. (a) Timing of the residue removal procedure. One of the following statements must immediately precede the instructions required in paragraph (b) of this section and must be consistent with the instructions in paragraph (b) of this section: (1) “Cleaning the container before �nal disposal is the responsibility of the person disposing of the container. Cleaning before re�lling is the responsibility of the re�ller.” (2) “Pressure rinsing the container before �nal disposal is the responsibility of the person disposing of the container. Cleaning before re�lling is the responsibility of the re�ller.” (b) Residue removal instructions prior to container disposal. (1) Instructions for cleaning each re�llable container prior to disposal are required. The residue removal instructions must be appropriate for the characteristics and formulation of the pesticide product and must be adequate to protect human health and the environment. (2) Subject to meeting the standard in paragraph (b)(1) of this section, the statement on residue removal instructions could include any one of the following: (i) The re�lling residue removal procedure developed by the registrant for the pesticide product. (ii) Standard industry practices for cleaning re�llable containers. (iii) For pesticides that require dilution prior to application, the following statement: “To clean the container before �nal disposal, empty the remaining contents from this container into application equipment or a mix tank. Fill the container about 10 percent full with water. Agitate vigorously or recirculate water with the pump for 2 minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this rinsing procedure two more times.” (iv) Any other statement the registrant considers appropriate. (a) Scope. https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(d)(7) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(f) https://www.ecfr.gov/current/title-40/section-156.10(i)(2)(ix) https://www.ecfr.gov/current/title-40/section-156.140 https://www.ecfr.gov/current/title-40/section-156.144 https://www.ecfr.gov/current/title-40/section-156.146 https://www.ecfr.gov/current/title-40/section-156.156 https://www.federalregister.gov/citation/75-FR-62326 https://www.ecfr.gov/current/title-40/section-156.156#p-156.156(b) https://www.ecfr.gov/current/title-40/section-156.156#p-156.156(b) https://www.ecfr.gov/current/title-40/section-156.156#p-156.156(b)(1) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 23/32 [57 FR 38146, Aug. 21, 1992, as amended at 73 FR 75596, Dec. 12, 2008] § 156.203 De�initions. Terms in this subpart have the same meanings as they do in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, as used in this subpart, shall have the meanings stated below: Fumigant means any pesticide product that is a vapor or gas or forms a vapor or gas on application and whose method of pesticidal action is through the gaseous state. Restricted-entry interval or REI means the time after the end of a pesticide application during which entry to the treated area is restricted. [57 FR 38146, Aug. 21, 1992, as amended at 73 FR 75596, Dec. 12, 2008] § 156.204 Modi�ication and waiver of requirements. (1) This subpart prescribes statements that must be placed on the pesticide label and in pesticide labeling. These statements incorporate by reference the Worker Protection Standard, part 170 of this chapter. The requirements addressed in these statements are designed to reduce the risk of illness or injury resulting from workers' and pesticide handlers' occupational exposures to pesticides used in the production of agricultural plants on agricultural establishments as de�ned in § 170.3 of this chapter. These statements refer to speci�c workplace practices designed to reduce or eliminate exposure and to respond to emergencies that may arise from the exposures that may occur. (2) This subpart prescribes interim requirements that must be placed on the pesticide label and in pesticide labeling. These interim requirements pertain to restricted-entry intervals, personal protective equipment, and noti�cation. On a case-by-case basis, these interim requirements will be reviewed and may be revised during reregistration or other agency review processes. (b) Applicability. (1) The requirements of this subpart apply to each pesticide product that bears directions for use in the production of any agricultural plant on any agricultural establishment as de�ned in § 170.3 of this chapter, or whose labeling reasonably permits such use. (2) The requirements of this subpart do not apply to a product that bears directions solely for uses excepted by § 170.202(b) of this chapter. (c) Effective dates. No product to which this subpart applies shall be distributed or sold without amended labeling by any registrant after April 21, 1994, or by any person after October 23, 1995. (a) Modi�cation on Special Review. If the Agency concludes in accordance with § 154.25(c) of this chapter that a pesticide should be placed in Special Review because the pesticide meets or exceeds the criteria for human health effects of § 154.7(a)(1)(2) or (6) of this chapter, the Agency may modify the personal protective equipment required for handlers or early-entry workers or both, the restricted-entry intervals, or the noti�cation to workers requirements. https://www.federalregister.gov/citation/57-FR-38146 https://www.federalregister.gov/citation/73-FR-75596 https://www.federalregister.gov/citation/57-FR-38146 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/part-170 https://www.ecfr.gov/current/title-40/section-170.3 https://www.ecfr.gov/current/title-40/section-170.3 https://www.ecfr.gov/current/title-40/section-170.202#p-170.202(b) https://www.ecfr.gov/current/title-40/section-154.25#p-154.25(c) https://www.ecfr.gov/current/title-40/section-154.7#p-154.7(a)(1)(2) https://www.ecfr.gov/current/title-40/section-154.7#p-154.7(6) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 24/32 [57 FR 38146, Aug. 21, 1992, as amended at 73 FR 75596, Dec. 12, 2008] § 156.206 General statements. (b) Other modi�cations. The Agency, pursuant to this subpart and authorities granted in FIFRA sections 3, 6, and 12, may, on its initiative or based on data submitted by any person, modify or waive the requirements of this subpart, or permit or require alternative labeling statements. Supporting data may be either data conducted according to Subdivisions U or K of the Pesticide Assessments guidelines or data from medical, epidemiological, or health effects studies. A registrant who wishes to modify any of the statements required in § 156.206, § 156.208, § 156.210, or § 156.212 must submit an application for amended registration unless speci�cally directed otherwise by the Agency. (a) Application restrictions. Each product shall bear the statement: “Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application.” This statement shall be near the beginning of the DIRECTIONS FOR USE section of the labeling under the heading AGRICULTURAL USE REQUIREMENTS. (b) 40 CFR part 170 reference statement. (1) Each product shall bear the reference statement: “Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170.” This statement shall be placed on the product label under the heading AGRICULTURAL USE REQUIREMENTS. (2) Each product shall bear the statement: “This standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, noti�cation, and emergency assistance. It also contains speci�c instructions and exceptions pertaining to the statements on this label [in this labeling] about [use any of the following that are applicable] personal protective equipment, restricted-entry interval, and noti�cation to workers.” These statements shall be placed immediately following the reference statement required by paragraph (b)(1) of this section, or they shall be placed in the supplemental product labeling under the heading AGRICULTURAL USE REQUIREMENTS. (3) If the statements in paragraph (b)(2) of this section are included in supplemental labeling rather than on the label of the pesticide container, the container label must contain this statement immediately following the statement required in paragraph (b)(1) of this section: “Refer to supplemental labeling entitled AGRICULTURAL USE REQUIREMENTS in the DIRECTIONS FOR USE section of the labeling for information about this standard.” (4) If the statements in paragraph (b)(2) of this section are included in supplemental labeling, they must be preceded immediately by the statement in paragraph (b)(1) of this section under the heading AGRICULTURAL USE REQUIREMENTS in the labeling. (c) Product-type identi�cation. (1) If the product contains an organophosphate (i.e., an organophosphorus ester that inhibits cholinesterase) or an N-methyl carbamate (i.e., an N-methyl carbamic acid ester that inhibits cholinesterase), the label shall so state. The statement shall be associated with the product name or product-type identi�cation or shall be in the STATEMENT OF PRACTICAL TREATMENT or FIRST AID section of the label. https://www.federalregister.gov/citation/57-FR-38146 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-156.206 https://www.ecfr.gov/current/title-40/section-156.208 https://www.ecfr.gov/current/title-40/section-156.210 https://www.ecfr.gov/current/title-40/section-156.212 https://www.ecfr.gov/current/title-40/part-170 https://www.ecfr.gov/current/title-40/part-170 https://www.ecfr.gov/current/title-40/section-156.206#p-156.206(b)(1) https://www.ecfr.gov/current/title-40/section-156.206#p-156.206(b)(2) https://www.ecfr.gov/current/title-40/section-156.206#p-156.206(b)(1) https://www.ecfr.gov/current/title-40/section-156.206#p-156.206(b)(2) https://www.ecfr.gov/current/title-40/section-156.206#p-156.206(b)(1) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 25/32 [57 FR 38146, Aug. 21, 1992, as amended at 58 FR 34203, June 23, 1993; 73 FR 75596, Dec. 12, 2008] § 156.208 Restricted-entry statements. (2) If the product is a fumigant, the label shall so state. The identi�cation shall appear: (i) As part of the product name; or (ii) Close to the product name, as part of the product-type identi�cation or as a separate phrase or sentence. (d) State restrictions. Each product shall bear the statement: “For any requirements speci�c to your State, consult the agency in your State responsible for pesticide regulation.” This statement shall be under the heading AGRICULTURAL USE REQUIREMENTS in the labeling. (e) Spanish warning statements. If the product is classi�ed as toxicity category I or toxicity category II according to the criteria in § 156.62, the signal word shall appear in Spanish in addition to English followed by the statement, “Si Usted no entiende la etiqueta, busque a alguien para que se la explique a Usted en detalle. (If you do not understand the label, �nd some one to explain it to you in detail.)” The Spanish signal word “PELIGRO” shall be used for products in toxicity category I, and the Spanish signal word “AVISO” shall be used for products in toxicity category II. These statements shall appear on the label close to the English signal word. (a) Requirement. Each product with a restricted-entry interval shall bear the following statement: “Do not enter or allow worker entry into treated areas during the restricted entry interval (REI).” This statement shall be under the heading AGRICULTURAL USE REQUIREMENTS in the labeling. (b) Location of speci�c restricted-entry interval statements. (1) If a product has one speci�c restricted-entry interval applicable to all registered uses of the product on agricultural plants, the restricted-entry interval for the product shall appear as a continuation of the statement required in paragraph (a) of this section and shall appear as follows: “of X hours” or “of X days” or “until the acceptable exposure level of X ppm or mg/m is reached.”3 (2) If different restricted-entry intervals have been established for some crops or some uses of a product, the restricted-entry statement in paragraph (b)(1) of this section shall be associated on the labeling of the product with the directions for use for each crop each use to which it applies, immediately preceded or immediately followed by the words “Restricted-entry interval” (or the letters “REI”). (c) Restricted-entry interval based on toxicity of active ingredient (1) Determination of toxicity category. A restricted-entry interval shall be established based on the acute toxicity of the active ingredients in the product. For the purpose of setting the restricted-entry interval, the toxicity category of each active ingredient in the product shall be determined by comparing the obtainable data on the acute dermal toxicity, eye irritation effects, and skin irritation effects of the ingredient to the criteria of § 156.62. The most toxic of the applicable toxicity categories that are obtainable for each active ingredient shall be used to determine the restricted-entry interval for that product. If no acute dermal toxicity data are obtainable, data on acute oral toxicity also shall be considered in this comparison. If no applicable acute toxicity data are obtainable on the active ingredient, the toxicity category https://www.federalregister.gov/citation/57-FR-38146 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-156.62 https://www.ecfr.gov/current/title-40/section-156.208#p-156.208(a) https://www.ecfr.gov/current/title-40/section-156.208#p-156.208(b)(1) https://www.ecfr.gov/current/title-40/section-156.62 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 26/32 corresponding to the signal word of any registered manufacturing-use product that is the source of the active ingredient in the end-use product shall be used. If no acute toxicity data are obtainable on the active ingredients and no toxicity category of a registered manufacturing-use product is obtainable, the toxicity category of the end-use product (corresponding to the signal word on its labeling) shall be used. (2) Restricted-entry interval for sole active ingredient products. (i) If the product contains only one active ingredient and it is in toxicity category I by the criteria in paragraph (c)(1) of this section, the restricted-entry interval shall be 48 hours. If, in addition, the active ingredient is an organophosphorus ester that inhibits cholinesterase and that may be applied outdoors in an area where the average annual rainfall for the application site is less than 25 inches per year, the following statement shall be added to the restricted-entry interval statement: “(72 hours in outdoor areas where average annual rainfall is less than 25 inches a year).” (ii) If the product contains only one active ingredient and it is in toxicity category II by the criteria in paragraph (c)(1) of this section, the restricted-entry interval shall be 24 hours. (iii) If the product contains only active ingredients that are in toxicity category III or IV by the criteria in paragraph (c)(1) of this section, the restricted-entry interval shall be 12 hours. (3) Restricted-entry interval for multiple active ingredient products. If the product contains more than one active ingredient, the restricted-entry interval (including any associated statement concerning use in arid areas under paragraph (c)(2)(i) of this section) shall be based on the active ingredient that requires the longest restricted entry interval as determined by the criteria in this section. (d) Exception for fumigants. The criteria for determining restricted-entry intervals in paragraph (c) of this section shall not apply to any product that is a fumigant. For fumigants, any existing restricted-entry interval (hours, days, or acceptable exposure level) shall be retained. Entry restrictions for fumigants have been or shall be established on a case-by-case basis at the time of registration, reregistration, or other Agency review process. (e) Existing product-speci�c restricted-entry intervals. (1) A product-speci�c restricted-entry interval, based on data collected in accordance with § 158.1070 or § 161.390 of this chapter and Subdivision K of the Pesticide Assessment Guidelines, shall supersede any restricted-entry interval applicable to the product under paragraph (c) of this section. (2) Product-speci�c restricted-entry intervals established for pesticide products or pesticide uses that are not covered by part 170 of this chapter shall remain in effect and shall not be placed under the heading AGRICULTURAL USE REQUIREMENTS in the labeling. (f) Existing interim restricted-entry intervals. (1) An interim restricted-entry interval established by the Agency before the effective date of this subpart will continue to apply unless a longer restricted-entry interval is required by paragraph (c) of this section. https://www.ecfr.gov/current/title-40/section-156.208#p-156.208(c)(1) https://www.ecfr.gov/current/title-40/section-156.208#p-156.208(c)(1) https://www.ecfr.gov/current/title-40/section-156.208#p-156.208(c)(1) https://www.ecfr.gov/current/title-40/section-156.208#p-156.208(c)(2)(i) https://www.ecfr.gov/current/title-40/section-156.208#p-156.208(c) https://www.ecfr.gov/current/title-40/section-158.1070 https://www.ecfr.gov/current/title-40/section-161.390 https://www.ecfr.gov/current/title-40/section-156.208#p-156.208(c) https://www.ecfr.gov/current/title-40/part-170 https://www.ecfr.gov/current/title-40/section-156.208#p-156.208(c) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 27/32 [57 FR 38146, Aug. 21, 1992, as amended at 58 FR 34203, June 23, 1993; 72 FR 61028, Oct. 26, 2007; 73 FR 75596, Dec. 12, 2008] § 156.210 Noti�ication-to-workers statements. [57 FR 38146, Aug. 21, 1992, as amended at 58 FR 34203, June 23, 1993; 73 FR 75596, Dec. 12, 2008] § 156.212 Personal protective equipment statements. (2) Existing interim restricted-entry intervals established by the Agency for pesticide products or pesticide uses not covered by part 170 of this chapter shall remain in effect and shall not be placed under the heading AGRICULTURAL USE REQUIREMENTS in the labeling. (a) Requirement. Each product that meets the requirements of paragraph (b) of this section shall bear the posting and oral noti�cation statements prescribed below. The statements shall be in the DIRECTIONS FOR USE section of the labeling under the heading AGRICULTURAL USE REQUIREMENTS. (b) Noti�cation to workers of pesticide application. (1) Each product that contains any active ingredient classi�ed as toxicity category I for either acute dermal toxicity or skin irritation potential under the criteria in § 156.62 shall bear the statement: “Notify workers of the application by warning them orally and by posting warning signs at entrances to treated areas.” If no acute dermal toxicity data are obtainable, data on acute oral toxicity of the active ingredient shall be considered instead. If no data on acute dermal toxicity, skin irritation potential, or acute oral toxicity are obtainable on the active ingredient, the toxicity category corresponding to the signal word of any registered manufacturing-use product that is the source of the active ingredient in the end-use product shall be used. If none of the applicable acute toxicity data are obtainable on the active ingredient and no toxicity category of the registered manufacturing-use product is obtainable, the toxicity category of the end-use product corresponding to the product's signal word shall be used. (2) Each product that is a fumigant and is registered for use in a greenhouse (or whose labeling allows use in a greenhouse) shall bear the statement: “For greenhouse applications, notify workers of the application by warning them orally and by posting warning signs outside all entrances to the greenhouse.” (a) Requirement. Each product shall bear the personal protective equipment statements prescribed in paragraphs (d) through (j) of this section. (b) Exceptions. (1) If personal protective equipment were required for a product before the effective date of this subpart, the existing requirements shall be retained on the labeling wherever they are more speci�c or more protective (as speci�ed in EPA guidance materials) than the requirements in the table in paragraph (e) of this section. (2) Any existing labeling statement that prohibits the use of gloves or boots overrides the corresponding requirement in paragraph (e) of this section and must be retained on the labeling. https://www.federalregister.gov/citation/57-FR-38146 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/72-FR-61028 https://www.federalregister.gov/citation/73-FR-75596 https://www.federalregister.gov/citation/57-FR-38146 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/part-170 https://www.ecfr.gov/current/title-40/section-156.210#p-156.210(b) https://www.ecfr.gov/current/title-40/section-156.62 https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(d) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(j) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(e) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(e) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 28/32 (3) If the product labeling contains uses that are not covered by part 170 of this chapter, the registrant may adopt the personal protective equipment required in this section for those uses. However, if the personal protective equipment required in this section would not be su�ciently protective or would be onerously overprotective for uses not covered by part 170 of this chapter, the registrant must continue to apply the existing personal protective equipment requirements to those uses. The labeling must indicate which personal protective equipment requirements apply to uses covered by part 170 of this chapter and which personal protective equipment requirements apply to other uses. (c) Location of personal protective equipment statements (1) Personal protective equipment statements for pesticide handlers. Personal protective equipment statements for pesticide handlers shall be in the HAZARDS TO HUMANS (AND DOMESTIC ANIMALS) section of the labeling. The required statements may be combined to avoid redundancy as long as the requirements and conditions under which they apply are identi�ed. (2) Personal protective equipment statements for early-entry workers. Personal protective equipment statements for early-entry workers shall be placed in the DIRECTIONS FOR USE section of the labeling under the heading AGRICULTURAL USE REQUIREMENTS and immediately after the restricted-entry statement required in § 156.208(a). (d) Personal protective equipment statements for pesticide handlers. (1) The table in paragraph (e) of this section speci�es minimum requirements for personal protective equipment (as de�ned in § 170.240 of this chapter) and work clothing for pesticide handlers. This personal protective equipment requirement applies to any product that presents a hazard through any route of exposure identi�ed in the table (acute dermal toxicity, skin irritation potential, acute inhalation toxicity, and eye irritation potential). (2) The requirement for personal protective equipment is based on the acute toxicity category of the end-use product for each route of exposure as de�ned by § 156.62. If data to determine the acute dermal toxicity or the acute inhalation toxicity are not obtainable, the acute oral toxicity shall be used as a surrogate to determine the personal protective equipment requirements for that route of exposure. If data to determine the acute toxicity of the product by a speci�c route of exposure (including acute oral toxicity in lieu of acute dermal or acute inhalation toxicity) are not obtainable, the toxicity category corresponding to the signal word of the end-use product shall be used to determine personal protective equipment requirements for that route of exposure. If the signal word is “CAUTION,” toxicity category III will be used. (3) The minimum personal protective equipment and work clothing requirements speci�ed in this section shall be included in a statement such as the following: “Applicators and other handlers must wear: (body protection statement); (glove statement, if applicable); (footwear statement, if applicable); (protective eyewear statement, if applicable); (respirator statement, if applicable).” The format of statements given in this paragraph is optional, but it is recommended for clarity. (e) Summary of personal protective equipment requirements. The following table 1 summarizes the personal protective equipment requirements by route of exposure and toxicity category: https://www.ecfr.gov/current/title-40/part-170 https://www.ecfr.gov/current/title-40/part-170 https://www.ecfr.gov/current/title-40/part-170 https://www.ecfr.gov/current/title-40/section-156.208#p-156.208(a) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(e) https://www.ecfr.gov/current/title-40/section-170.240 https://www.ecfr.gov/current/title-40/section-156.62 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 29/32 Table 1 - Minimum Personal Protective Equipment (PPE) and Work Clothing for Handling Activities Dermal Toxicity or Skin Irritation Potential Coveralls worn over long-sleeved shirt and long pants Coveralls worn over short-sleeved shirt and short pants Long sleeved shirt and long pants Long sleeved shirt and long pants Socks Socks Socks Socks Chemical-resistant footwear Chemical-resistant footwear Shoes Shoes Chemical-resistant gloves Chemical-resistant gloves Chemical resistant gloves No minimum Inhalation Toxicity Respiratory protection device Respiratory protection device No minimum No minimum Eye Irritation Potential Protective eyewear Protective eyewear No minimum No minimum If dermal toxicity and skin irritation potential are in different toxicity categories, protection shall be based on the more toxic (lower numbered) category. For labeling language for chemical-resistant gloves, see paragraph (f) of this section. For labeling language for respiratory protection device, see paragraphs (g) and (h) of this section. Although no minimum PPE is required by this section for this toxicity category and route of exposure, the Agency may require PPE on a product-speci�c basis. 1 2 2 2 4 3 3 4 4 4 4 1 2 3 4 (f) Chemical-resistant gloves labeling statements for pesticide handlers. If the table in paragraph (e) of this section indicates that chemical-resistant gloves are required, the glove statement shall be as speci�ed in paragraph (f)(2), (3), (4), or (5) of this section. (1) Exception. The registrant shall specify a glove type other than that selected through the criteria in paragraphs (f)(2) through (5) of this section if information available to the registrant indicates that such a glove type is more appropriate or more protective than the glove type speci�ed in this section. The statement must specify the particular types of chemical-resistant glove (such as nitrile, butyl, neoprene, and/or barrier-laminate). Route of Exposure Toxicity Category of End-Use Product I II III IV https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(f) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(g) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(h) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(e) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(f)(2) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(f)(3) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(f)(4) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(f)(5) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(f)(2) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(f)(5) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 30/32 (2) Solid formulations. For products formulated and applied as solids or formulated as solids and diluted solely with water for application, the glove statement shall specify: “waterproof gloves.” (3) Aqueous-based formulations. For products formulated and applied as a water-based liquid or formulated as a water-based liquid and diluted solely with water for application, the glove statement may specify: “waterproof gloves” instead of the statement in paragraph (f)(4) of this section. (4) Other liquid formulations. For products formulated or diluted with liquids other than water, the glove statement shall specify: “chemical-resistant (such as nitrile or butyl) gloves.” (5) Gaseous formulations and applications. For products formulated or applied as gases, any existing glove statement established before the effective date of this subpart, including any glove prohibition statement, will continue to apply. If no glove statement or glove prohibition now exists, the glove statement shall specify “chemical-resistant (such as nitrile or butyl) gloves.” (g) Existing respirator requirement for pesticide handlers on product labeling (1) General requirement. If a statement placed on a product's labeling before the effective date of this subpart indicates that respiratory protection is required, that requirement for protection shall be retained. The statement must specify, or be amended to specify, one of the following respirator types and the appropriate MSHA/NIOSH approval number pre�x: (i) Dust/mist �ltering respirator with MSHA/NIOSH/ approval number pre�x TC 21C; or (ii) Respirator with an organic-vapor-removing cartridge and a pre�lter approved for pesticides with MSHA/NIOSH approval number pre�x TC-23C or with a canister approved for pesticides with MSHA/NIOSH approval number pre�x TC-14G; or (iii) Supplied-air respirator with MSHA/NIOSH approval number pre�x TC-19C or self-contained breathing apparatus (SCBA) with MSHA/NIOSH approval number TC-13F. (2) Respirator type already speci�ed on labeling. If the existing respiratory protection requirement speci�es a respirator type, it shall be retained. The respirator statement must be revised, if necessary, to conform to the wording in paragraph (g)(1) of this section. (3) Respirator type not already speci�ed on labeling. If the existing respiratory protection requirement on product labeling does not specify a respirator type as listed in paragraph (g)(1) of this section, the speci�c respirator type shall be that required in the criteria in paragraphs (g)(3)(ii) through (vi) of this section. (i) Exception. The registrant shall specify a different type of respiratory protection device if information, such as vapor pressure value, is available to the registrant to indicate that the type of respiratory protection device selected through the criteria in paragraphs (g)(3)(ii) through (vi) of this section would not be adequately protective, or might increase risks to the user unnecessarily. (ii) Gases applied outdoors. For products that are formulated or applied as a gas (space and soil fumigants) and that may be used outdoors, the respiratory protection statement shall be: “For handling activities outdoors, use either a https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(f)(4) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(g)(1) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(g)(1) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(g)(3)(ii) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(g)(3)(vi) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(g)(3)(ii) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(g)(3)(vi) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 31/32 respirator with an organic-vapor-removing cartridge with a pre�lter approved for pesticides (MSHA/NIOSH approval number pre�x TC-23C), or a canister approved for pesticides (MSHA/NIOSH approval number pre�x TC-14G).” (iii) Gases used in enclosed areas. For products that are formulated or applied as a gas (space and soil fumigants) and that may be used in greenhouses or other enclosed areas, the respiratory protection statement shall specify: “For handling activities in enclosed areas, use either a supplied-air respirator with MSHA/NIOSH approval number pre�x TC-19C, or a self-contained breathing apparatus (SCBA) with MSHA/NIOSH approval number TC-13F.” (iv) Solids. For products that are formulated and applied as solids, the respiratory protection statement shall specify: “dust/mist �ltering respirator (MSHA/NIOSH approval number pre�x TC-21C).” (v) Liquids in toxicity category I. For products that are formulated or applied as liquids, and, as formulated, have an acute inhalation toxicity (or its surrogate as speci�ed in paragraph (d)(2) of this section) in category I, the respiratory protection statement shall specify: “either a respirator with an organic-vapor removing cartridge with a pre�lter approved for pesticides (MSHA/NIOSH approval number pre�x TC-23C), or a canister approved for pesticides (MSHA/NIOSH approval number pre�x 14G).” (vi) Liquids in toxicity category II. For products that are formulated or applied as liquids, and, as formulated, have an acute inhalation toxicity (or its surrogate as speci�ed in paragraph (d)(2) of this section) in category II, the respiratory protection statement shall specify: “For handling activities during (select uses applicable to the product: airblast, mistblower, pressure greater than 40 p.s.i. with �ne droplets, smoke, mist, fog, aerosol or direct overhead) exposures, wear either a respirator with an organic-vapor-removing cartridge with a pre�lter approved for pesticides (MSHA/NIOSH approval number pre�x TC 23C), or a canister approved for pesticides (MSHA/NIOSH approval number pre�x 14G). For all other exposures, wear a dust/mist �ltering respirator (MSHA/NIOSH approval number pre�x TC-21C).” (h) New respirator requirement established for pesticide handlers in this part (1) General requirement. If the table in paragraph (e) of this section indicates a respiratory protection device is required, and existing product labeling has no respiratory protection requirement, the registrant shall add a respiratory protection statement that speci�es a: “dust/mist �ltering respirator (MSHA/NIOSH approval number pre�x TC-21C).” (2) Exception. The registrant shall specify a different type of respiratory protection device if information, such as vapor pressure value, is available to the registrant to indicate that the type of respiratory protection device required in paragraph (h)(1) of this section would not be adequately protective or might increase risks to the user unnecessarily. (i) Additional personal protective equipment requirements for pesticide handlers. In addition to the minimum personal protective equipment and work clothing requirements given in the table in paragraph (e) of this section, the labeling statement for any product in toxicity category I or II on the basis of dermal toxicity or skin irritation potential (or their surrogate as speci�ed in paragraph (d)(2) of this section), shall include the following personal protective equipment instructions, additions, or substitutions as applicable: https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(d)(2) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(d)(2) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(e) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(h)(1) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(e) https://www.ecfr.gov/current/title-40/section-156.212#p-156.212(d)(2) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 156 -- Labeling Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156 32/32 [57 FR 38146, Aug. 21, 1992, as amended at 58 FR 34203, June 23, 1993; 73 FR 75596, Dec. 12, 2008] (1) If the product is not ready-to-use and there is no existing requirement for a chemical resistant suit, the following statement shall be included: “Mixers/Loaders: add a chemical-resistant apron.” (2) If the application of the product may result in overhead exposure to any handler (for example, applicator exposure during airblast spraying of orchards or �agger exposure during aerial application), the following statement shall be included: “Overhead Exposure: wear chemical-resistant headgear.” (3) If any type of equipment other than the product container may be used to mix, load, or apply the product, and there is no requirement for a chemical-resistant protective suit, the following statement shall be included: “For Cleaning Equipment: add a chemical-resistant apron.” (j) Personal protective equipment for early-entry workers. This paragraph speci�es minimum requirements for personal protective equipment (as de�ned in § 170.240 of this chapter) and work clothing for early-entry workers. (1) For all pesticide products, add the statement: “For early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated, such as plants, soil, or water, wear: (list the body protection, glove, footwear, protective eyewear, and protective headgear, if applicable, statements speci�ed for applicators and other handlers, but omit any respiratory protection statement).” (2) If the body protection statement in the personal protective equipment requirement for handlers speci�es a long-sleeved shirt and long pants, “coveralls” must be speci�ed in the statement of personal protective equipment for early-entry workers. (3) If there is no statement requiring gloves and no prohibition against gloves for applicators and other handlers under the heading HAZARDS TO HUMANS (AND DOMESTIC ANIMALS) in the labeling, add a requirement for “waterproof gloves” in the statement of personal protective equipment for early-entry workers. https://www.federalregister.gov/citation/57-FR-38146 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-170.240 9/16/21, 2:48 PM eCFR :: 40 CFR Part 157 -- Packaging Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-157 1/7 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 157 - PACKAGING REQUIREMENTS FOR PESTICIDES AND DEVICES Authority: 7 U.S.C. 136w. Source: 51 FR 21286, June 11, 1986; 51 FR 36692, Oct. 15, 1986, unless otherwise noted. Subpart A [Reserved] Subpart B - Child-Resistant Packaging § 157.20 General. This subpart prescribes requirements for child-resistant packaging of pesticide products and devices. The requirements are established under the authority of FIFRA section 25(a)(1), which authorizes the Administrator to issue regulations to carry out the purposes of the Act, and FIFRA section 25(c)(3), which authorizes the Administrator to establish standards with respect to the package, container or wrapping in which a pesticide or device is enclosed in order to protect children and adults from serious injury or illness resulting from accidental ingestion or contact with pesticides or devices regulated under the Act. § 157.21 De�initions. Terms used in this subpart shall have the following meanings: Appropriate, when used with respect to child-resistant packaging, means that the packaging is chemically compatible with the pesticide contained therein. Child-resistant packaging means packaging that is designed and constructed to be signi�cantly di�cult for children under 5 years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time, and that is not di�cult for normal adults to use properly. Package or packaging means the immediate container or wrapping, including any attached closure(s), in which the pesticide is contained for distribution, sale, consumption, use or storage. The term does not include any shipping or bulk container used for transporting or delivering the View table of contents for this page ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-157 9/16/21, 2:48 PM eCFR :: 40 CFR Part 157 -- Packaging Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-157 2/7 pesticide unless it is the only such package. Practicable, when used with respect to child-resistant packaging, means that the packaging can be mass produced and can be used in assembly line production. Residential use means use of a pesticide or device: Technically feasible, when applied to child-resistant packaging, means that the technology exists to produce the child-resistant packaging for a particular pesticide. Unit packaging means a package that is labeled with directions to use the entire contents of the package in a single application. [51 FR 21286, June 11, 1986, as amended at 73 FR 75596, Dec. 12, 2008] ยง 157.22 When required. Unless exempted under ยง 157.24, a pesticide product must be distributed and sold in child-resistant packaging complying with ยง 157.32 if it meets both of the following criteria: ยง 157.24 Exemptions. (1) Directly on humans or pets; (2) In, on, or around any structure, vehicle, article, surface or area associated with the household, including but not limited to areas such as non-agricultural outbuildings, non commercial greenhouses, pleasure boats and recreational vehicles; or (3) In or around any preschool or day care facility. (a) Toxicity criterion. Based upon testing with an appropriate test species, the product meets any of the following toxicity criteria: (1) The pesticide has an acute oral LD of 1.5 g/kg or less;50 (2) The pesticide has an acute dermal LD of 2000 mg/kg or less;50 (3) The pesticide has an acute inhalation LC of 2 mg/liter or less;50 (4) The pesticide is corrosive to the eye (causes irreversible destruction of ocular tissue) or causes corneal involvement or irritation persisting for 21 days or more; (5) The pesticide is corrosive to the skin (causes tissue destruction into the dermis and/or scarring) or causes severe skin irritation (severe erythema or edema) at 72 hours; or (6) The pesticide or device has such characteristics that, based upon human toxicological data, use history, accident data or such other evidence as is available, the Agency determines there is serious hazard of accidental injury or illness which child-resistant packaging could reduce; and (b) Use criterion. The product's labeling either directly recommends residential use or reasonably can be interpreted to permit residential use. https://www.federalregister.gov/citation/51-FR-21286 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-157.24 https://www.ecfr.gov/current/title-40/section-157.32 9/16/21, 2:48 PM eCFR :: 40 CFR Part 157 -- Packaging Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-157 3/7 (a) General exemptions. The Agency hereby exempts from the requirement for child-resistant packaging the following classes of products: (1) Products classi�ed for restricted use. (i) A product restricted to use by or under the supervision of a certi�ed applicator is not required to be distributed and sold in child-resistant packaging. (ii) Notwithstanding the exemption in paragraph (a)(1)(i) of this section, the Agency may require the use of child-resistant packaging for a product classi�ed for restricted use by or under the direct supervision of a certi�ed applicator if the Agency determines that the product poses a risk of serious accidental injury or illness which child-resistant packaging could reduce. If the Agency makes such a determination, it will notify the registrant in writing and provide a short statement of the basis of its determination. The registrant will then have 30 days to request a hearing on the Agency's determination. Thereafter the Agency will decide whether to require the product to be distributed only in child-resistant packaging and will notify the registrant of its decision. (2) Products packaged in large sizes. (i) Except as provided by paragraph (a)(2)(ii) of this section, a product is not required to be in child-resistant packaging if distributed and sold in the following sizes: (A) If the product is a solid product, regardless of pesticide type, a size of 50 pounds or greater; (B) If the product is a liquid product intended for use in swimming pools, a size greater than 7.5 gallons by volume; (C) If the product is a liquid product intended for any other pesticide use, a size of 5 gallons or greater by volume; (D) If the product is packaged as an aerosol (measured by weight), regardless of pesticide type, a weight of 2 pounds or greater. (ii) The Agency may require that a product packaged in a size exceeding that listed in paragraphs (a)(2)(i) (A) through (D) of this section be distributed and sold only in child-resistant packaging if the Agency determines that the product is, or is intended to be, distributed or sold to homeowners or other members of the general public. If the Agency makes such a determination, it will notify the registrant in writing and provide a short statement of the basis of its determination. The registrant will then have 30 days to request a hearing on the Agency's determination. Thereafter the Agency will decide whether to require the product to be distributed only in child-resistant packaging and will notify the registrant of its decision. (b) Exemptions requiring Agency approval. The Agency may, in accordance with paragraphs (b) (1) through (3) of this section, grant an exemption from the requirements of this subpart. An exemption may be withdrawn in accordance with paragraph (b)(4) of this section. (1) Requesting an exemption. A request for an exemption must be submitted to the Agency, and must be accompanied by two copies of the following information: (i) The name, address, and telephone number of the requester; https://www.ecfr.gov/current/title-40/section-157.24#p-157.24(a)(1)(i) https://www.ecfr.gov/current/title-40/section-157.24#p-157.24(a)(2)(ii) https://www.ecfr.gov/current/title-40/section-157.24#p-157.24(a)(2)(i)(A) https://www.ecfr.gov/current/title-40/section-157.24#p-157.24(a)(2)(i)(D) https://www.ecfr.gov/current/title-40/section-157.24#p-157.24(b)(1) https://www.ecfr.gov/current/title-40/section-157.24#p-157.24(b)(3) https://www.ecfr.gov/current/title-40/section-157.24#p-157.24(b)(4) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 157 -- Packaging Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-157 4/7 § 157.27 Unit packaging. (ii) The name and registration number (or �le symbol) of the product(s) for which the exemption is requested; (iii) A description of the package and the size(s) for which the exemption is requested; and (iv) Documentation supporting the request for exemption, including the length of time for which the exemption is requested. (2) Exemption based upon lack of toxicity. The Agency may grant an exemption from the requirements of this subpart if the registrant or applicant demonstrates to the Agency's satisfaction that the hazards indicated by the toxicity criteria in § 157.22(a) are not indicative of the hazards to man. If granted, an exemption shall apply to other products of substantially similar composition. A notice will be issued in the FEDERAL REGISTER stating the nature of and reasons for the exemption. (3) Exemption based upon technical factors. The Agency may grant an exemption from the requirements of this subpart based upon technical considerations. If granted, the exemption will be for a speci�ed length of time, and will apply to other products of substantially similar composition and intended uses. A notice of the granting of an exemption will be issued in the FEDERAL REGISTER. In considering whether to grant an exemption, the Agency will consider, among other things, the following: (i) Whether the toxicity of the product is such that it should not be allowed to be distributed or sold except in child-resistant packaging. (ii) Whether child-resistant packaging is technically feasible, practicable, or appropriate. An exemption may be granted if the Agency determines that any one of these criteria has not been met. (iii) Whether the composition or use pattern of the product necessitates a particular form of packaging for proper use. (iv) Whether child-resistant packaging that is technically feasible, practicable, and appropriate is available for the product or can reasonably be made available to the registrant in su�cient quantities to meet his packaging needs. This determination does not include a consideration of whether the packaging would be adaptable to a registrant's existing package type or packaging equipment. (v) Whether the registrant has made a timely and good faith effort to obtain child resistant packaging for the product. (vi) If child-resistant packaging which is technically feasible, practicable, and appropriate is not yet available, when such packaging is likely to be available. (4) An exemption may be withdrawn by the Agency at any time if the lack of child resistant packaging results in serious illnesses or injuries to children. If the Agency determines that an exemption should be withdrawn, it will notify the registrant, stating the basis for its determination. The registrant will then have 30 days to request a hearing on the Agency's determination. Thereafter the Agency will decide whether to withdraw the exemption, and will notify the registrant of its decision. https://www.ecfr.gov/current/title-40/section-157.22#p-157.22(a) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 157 -- Packaging Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-157 5/7 Pesticide products distributed or sold as an aggregate of one or more unit packages and meeting the criteria of § 157.22 must be distributed or sold in child-resistant packaging either for each unit package or for the outer retail container which contains the unit packages. Child-resistant packaging is not required for both the outer package and the unit packages unless the Agency determines, on a case-by-case basis, that it is necessary for risk reduction. § 157.30 Voluntary use of child-resistant packaging. A registrant whose product is not required to be in child-resistant packaging may distribute or sell his pesticide product in child-resistant packaging. If he does so, that packaging must meet the standards for child-resistant packaging stated in § 157.32. The registrant must certify to this effect in accordance with § 157.34, and must retain the records required by § 157.36. § 157.32 Standards. § 157.34 Certi�ication. (a) Effectiveness standard. The child-resistant packaging, when tested by the protocol speci�ed in 16 CFR 1700.20, shall meet the effectiveness speci�cations in 16 CFR 1700.15(b). (b) Compatibility standard. The child-resistant packaging must continue to meet the effectiveness speci�cations of paragraph (a) of this section when in actual use as a pesticide container. This requirement may be satis�ed by appropriate scienti�c evaluation of the compatibility of the substance with the child-resistant packaging to determine that the chemical and physical characteristics of the pesticide will not compromise or interfere with the proper functioning of the child-resistant packaging and that the packaging will not be detrimental to the integrity of the product during storage and use. (c) Durability standard. The child-resistant packaging must continue to meet the effectiveness and compatibility standards of paragraphs (a) and (b) of this section for the reasonably expected lifetime of the package, taking into account the number of times the package is customarily opened and closed. This requirement may be satis�ed by appropriate technical evaluation based on physical wear and stress factors of packaging, the force required for activation, and other relevant factors. (a) General. (1) The registrant of a pesticide product required to be in child-resistant packaging shall certify to the Agency that the package meets the standards of § 157.32. (2) Certi�cation must be submitted with each application for new registration, if applicable. If the Agency determines, in accordance with § 157.24(a)(1)(ii), (2)(ii), or (b)(4), that a currently registered product is required to be packaged in child resistant packaging, a certi�cation must be submitted within 6 months after the Agency �nally noti�es the registrant of the requirement. (b) Contents of certi�cation. The certi�cation must contain the following information: (1) The name and EPA registration number of the product to which the certi�cation applies, the registrant's name and address, the date, and the name, title and signature of the company o�cial making the certi�cation. https://www.ecfr.gov/current/title-40/section-157.22 https://www.ecfr.gov/current/title-40/section-157.32 https://www.ecfr.gov/current/title-40/section-157.34 https://www.ecfr.gov/current/title-40/section-157.36 https://www.ecfr.gov/current/title-16/section-1700.20 https://www.ecfr.gov/current/title-16/section-1700.15#p-1700.15(b) https://www.ecfr.gov/current/title-40/section-157.32#p-157.32(a) https://www.ecfr.gov/current/title-40/section-157.32#p-157.32(a) https://www.ecfr.gov/current/title-40/section-157.32#p-157.32(b) https://www.ecfr.gov/current/title-40/section-157.32 https://www.ecfr.gov/current/title-40/section-157.24#p-157.24(a)(1)(ii) https://www.ecfr.gov/current/title-40/section-157.24#p-157.24(2)(ii) https://www.ecfr.gov/current/title-40/section-157.24#p-157.24(b)(4) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 157 -- Packaging Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-157 6/7 § 157.36 Recordkeeping. For as long as the registration of a pesticide product required to be in child-resistant packaging is in effect, the registrant must retain the records listed in this section. The registrant must, upon request by the Agency, make them available to Agency representatives for inspection and copying, or must submit them to the Agency. (2) A statement that the packaging that is being used for the product will meet the standards of § 157.32. The statement, “I certify that the packaging that will be used for this product meets the standards of 40 CFR 157.32,” will su�ce for this purpose. (a) A description of the package, including a description of: (1) The container and its dimensions and composition. (2) The closure or child-resistant mechanism, including the name of its manufacturer and the manufacturer's designation for the closure or the physical working of the child-resistant packaging mechanism. (b) A copy of the certi�cation statement required by § 157.34. (c) One of the following types of records verifying that each package for the product is child resistant: (1) Test data on the package based on the Consumer Product Safety Commission protocol in 16 CFR 1700.20. (2) Test data, not conforming to the protocol in 16 CFR 1700.20, or a set of measurements on the package, together with an explanation as to why such data or measurements demonstrate that the package is child-resistant. (3) Test data, whether or not conforming to the protocol in 16 CFR 1700.20, on a different package, together with an explanation of why such data demonstrate that the package being used is child-resistant. (4) Written evidence that veri�es that testing on the package has been conducted according to the protocol in 16 CFR 1700.20. Written evidence may be one of the following: (i) A letter or literature from the packaging supplier; (ii) A letter from the facility that conducted the testing; or (iii) A speci�cation in the contract between the registrant or applicant and the packaging supplier; (5) When the container and closure are purchased separately by the registrant: (i) Information of the kinds described in paragraphs (c) (1) through (4) of this section showing that the closure is child-resistant; and (ii) A written explanation of why the container is child-resistant; and (iii) Information showing that the closure and container are compatible with each other, and a written explanation of why the resulting package is child-resistant. (6) A combination of the records listed in paragraphs (c) (1) through (5). https://www.ecfr.gov/current/title-40/section-157.32 https://www.ecfr.gov/current/title-40/section-157.32 https://www.ecfr.gov/current/title-40/section-157.34 https://www.ecfr.gov/current/title-16/section-1700.20 https://www.ecfr.gov/current/title-16/section-1700.20 https://www.ecfr.gov/current/title-16/section-1700.20 https://www.ecfr.gov/current/title-16/section-1700.20 https://www.ecfr.gov/current/title-40/section-157.36#p-157.36(c)(1) https://www.ecfr.gov/current/title-40/section-157.36#p-157.36(c)(4) 9/16/21, 2:48 PM eCFR :: 40 CFR Part 157 -- Packaging Requirements for Pesticides and Devices https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-157 7/7 [51 FR 21286, June 11, 1986; 51 FR 36692, Oct. 15, 1986, as amended at 65 FR 39304, June 26, 2000] (d) Records verifying that the package meets the compatibility and durability standards of ยง 157.32(b) and (c). https://www.federalregister.gov/citation/51-FR-21286 https://www.federalregister.gov/citation/51-FR-36692 https://www.federalregister.gov/citation/65-FR-39304 https://www.ecfr.gov/current/title-40/section-157.32#p-157.32(b) https://www.ecfr.gov/current/title-40/section-157.32#p-157.32(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 1/137 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021. Title 40 PART 158 - DATA REQUIREMENTS FOR PESTICIDES Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a. Source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted. Subpart A - General Provisions § 158.1 Purpose and scope. [72 FR 60957, Oct. 26, 2007, as amended at 78 FR 26978, May 8, 2013] § 158.3 De�initions. All terms de�ned in sec. 2 of the Federal Insecticide, Fungicide, and Rodenticide Act apply to this part and are used with the meaning given in the Act. Applicable terms from the Federal Food, Drug, and Cosmetic Act also apply to this part. Individual subparts may contain de�nitions that pertain solely to that subpart. The following View table of contents for this page (a) Purpose. The purpose of this part is to specify the kinds of data and information EPA requires in order to make regulatory judgments under FIFRA secs. 3, 4, and 5 about the risks and bene�ts of pesticide products. Further, this part speci�es the data and information needed to determine the safety of pesticide chemical residues under FFDCA sec. 408. (b) Scope. (1) This part describes the minimum data and information EPA typically requires to support an application for pesticide registration or amendment; support the reregistration of a pesticide product; support the maintenance of a pesticide registration by means of the data call-in process, e.g., as used in the registration review program; or establish or maintain a tolerance or exemption from the requirements of a tolerance for a pesticide chemical residue. (2) This part establishes general policies and procedures associated with the submission of data in support of a pesticide regulatory action. (3) This part does not include study protocols, methodology, or standards for conducting or reporting test results; nor does this part describe how the Agency uses or evaluates the data and information in its risk assessment and risk management decisions, or the regulatory determinations that may be based upon the data. (c) Scope of individual subparts. (1) Conventional pesticides. Subparts A, B, C, D, F, G, K, L, N, and O apply to conventional pesticides. (2) Biochemical pesticides. Subparts A, B and U apply to biochemical pesticides. (3) Microbial pesticides. Subparts A, B and V apply to microbial pesticides. (4) Antimicrobial pesticides. Subparts A, B, C, D, and W of this part apply to antimicrobial pesticides. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.federalregister.gov/citation/72-FR-60957 https://www.federalregister.gov/citation/78-FR-26978 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 https://www.ecfr.gov/current/title-40/part-158/subpart-A https://www.ecfr.gov/current/title-40/part-158/subpart-B https://www.ecfr.gov/current/title-40/part-158/subpart-C https://www.ecfr.gov/current/title-40/part-158/subpart-D https://www.ecfr.gov/current/title-40/part-158/subpart-W 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 2/137 additional terms apply to this part: Applicant means any person or entity, including for the purposes of this part a registrant, who submits, or is required to submit, to the Agency any application, petition, or submission intended to persuade EPA to grant, modify, or leave unmodi�ed a registration or other approval required as a condition of sale or distribution of a pesticide. Such submissions may include, but are not limited to, the following: Registration includes a new registration, amended registration and reregistration, unless stated otherwise. § 158.5 Applicability. § 158.30 Flexibility. § 158.32 Format of data submissions. (1) An application for registration or amended registration of a pesticide product under FIFRA sec. 3 or 24. (2) A submission of data required in conjunction with reregistration of a currently registered product under FIFRA sec. 4. (3) An application for an experimental use permit under FIFRA sec. 5. (4) A submission of data in response to a notice issued by EPA under FIFRA sec. 3(c)(2)(B). (5) A petition to establish or modify a tolerance or an exemption from the requirement of a tolerance for a pesticide chemical residue under FFDCA sec. 408. (a) The requirements of this part apply to the following submissions: (1) An application for new or amended registration under FIFRA sec. 3 or 24. (2) An application for experimental use permit under FIFRA sec. 5. (3) A submission of data or information to support the continuation of a registration under FIFRA sec. 3, 4, or 24. (4) A petition to establish, modify or revoke a tolerance or exemption from a tolerance under FFDCA sec. 408. (b) The information speci�ed in this part must be furnished with each submission described in paragraph (a) of this section if it has not been submitted previously, or if any previous submission is not accurate or complete. (a) FIFRA provides EPA �exibility to require, or not require, data and information for the purposes of making regulatory judgments for pesticide products. EPA has the authority to establish or modify data needs for individual pesticide chemicals. The actual data required may be modi�ed on an individual basis to fully characterize the use and properties, characteristics, or effects of speci�c pesticide products under review. The Agency encourages each applicant to consult with EPA to discuss the data requirements particular to its product prior to and during the registration process. (b) The Agency cautions applicants that the data routinely required in this part may not be su�cient to permit EPA to evaluate the potential of the product to cause unreasonable adverse effects to man or the environment. EPA may require the submission of additional data or information beyond that speci�ed in this part if such data or information are needed to appropriately evaluate a pesticide product. (c) This part will be updated as needed to re�ect evolving program needs and advances in science. (a) General. (1) All data submitted under this part must be formatted in accordance with this section. https://www.ecfr.gov/current/title-40/section-158.5#p-158.5(a) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 3/137 § 158.33 Con�idential data. (2) The requirements of this section do not apply to administrative materials accompanying a data submission, including forms, labeling, and correspondence. (b) Transmittal document. Each submission in support of a regulatory action must be accompanied by a transmittal document, which includes: (1) Identity of the submitter. (2) The transmittal date. (3) Identi�cation of the regulatory action with which the submission is associated, e.g., the registration or petition number. (4) A list of the individual documents included in the submission. (c) Individual documents. Unless otherwise speci�ed by the Agency, each submission must be in the form of individual documents or studies. Previously submitted documents should not be resubmitted unless speci�cally requested by the Agency, but should be cited with adequate information to identify the previously submitted document. Each study or document should include the following: (1) A title page including the following information: (i) The title of the study, including identi�cation of the substance(s) tested and the test name or data requirement addressed. (ii) The author(s) of the study. (iii) The date the study was completed. (iv) If the study was performed in a laboratory, the name and address of the laboratory, project numbers or other identifying codes. (v) If the study is a commentary on or supplement to another previously submitted study, full identi�cation of the other study with which it should be associated in review. (vi) If the study is a reprint of a published document, all relevant facts of publication, such as the journal title, volume, issue, inclusive page numbers, and date of publication. (2) The appropriate statement(s) regarding any data con�dentiality claims as described in § 158.33. (3) A statement of compliance or non-compliance with respect to Good Laboratory Practice Standards as required by 40 CFR 160.12, if applicable. (4) A complete and accurate English translation must be included for any information that is not in English. (5) A �agging statement as prescribed by § 158.34, if applicable. (a) De�nitions. For the purposes of this section: (1) Registered or previously registered pesticide means any pesticide containing an active ingredient contained in a product that is, or has ever been, an active ingredient in a product registered under sec. 3 of FIFRA. A registered pesticide that is the subject of an application for a new use falls within the category of “registered or previously registered pesticide.” (2) Safety and e�cacy information means information concerning the objectives, methodology, results, or signi�cance of any test or experiment performed on or with a registered or previously registered pesticide or its separate ingredients, impurities, or degradation products, and any information concerning the effects of such pesticide on any organism or the behavior of such pesticide in the environment, including, but not limited to, data on safety to �sh and wildlife, humans and other mammals, plants, animals, and soil, and studies on persistence, translocation and fate in the environment, and metabolism. (b) Applicability. https://www.ecfr.gov/current/title-40/section-158.33 https://www.ecfr.gov/current/title-40/section-160.12 https://www.ecfr.gov/current/title-40/section-158.34 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 4/137 No claim of con�dentiality, on any basis whatsoever, is made for any information contained in this document. I acknowledge that information not designated as within the scope of FIFRA sec. 10(d)(1)(A), (B), or (C) and which pertains to a registered or previously registered pesticide is not entitled to con�dential treatment and may be released to the public, subject to the provisions regarding disclosure to multinational entities under FIFRA sec. 10(g). Information claimed as con�dential has been removed to a con�dential attachment. (1) This section applies to information submitted pursuant to this part. It supplements the general con�dentiality procedures in 40 CFR part 2, subpart B, including FIFRA con�dentiality procedures at 40 CFR 2.307. To the extent that provisions in this section con�ict with those in 40 CFR part 2, subpart B, the provisions in this section take precedence. The provisions of 40 CFR 2.308 do not apply to information to which this section applies. In addition to complying with the requirements of this section, any con�dentiality claims for information subject to 40 CFR part 174 (plant-incorporated protectants) must be substantiated at the time of submission as described in § 174.9 of this chapter. (2) FFDCA sec. 408(i) protects con�dential information submitted in connection with an application for a tolerance or exemption to the same extent as FIFRA sec. 10. References in this section to FIFRA sec. 10 are deemed to apply equally to information submitted pursuant to FFDCA sec. 408, pursuant to the authority in sec. 408(i). (c) Method of asserting business con�dentiality claims (1) Claim required. Information to which this section applies (and which is submitted on or after the effective date of this regulation) will be deemed as not subject to a con�dentiality claim unless a claim for that information is made in accordance with the procedures speci�ed in this paragraph. Information not subject to a con�dentiality claim may be made available to the public without further notice, subject to the requirements of FIFRA sec. 10(g). (2) Statement required. Upon submission to EPA, each document must be accompanied by a signed and dated document containing either the statements in paragraph (c)(2)(i) or (ii) of this section. No claims or markings on the document or any attachments, other than these statements and attachments submitted in accordance with paragraph (c)(3) of this section, will be recognized as asserting a claim of con�dentiality. The format of data submissions is set forth in § 158.32. (i) No claim of con�dentiality. (ii) Claim of con�dentiality. (3) Con�dential attachment. (i) All information claimed as con�dential must be submitted in a separate con�dential attachment to the document and cross referenced to the speci�c location in the document from which it was removed. The con�dential attachment must have its own title page and be paginated separately from the non-con�dential document. (ii) All information in the con�dential attachment that consists of (or whose disclosure would in turn disclose) manufacturing or quality control processes must be individually identi�ed in the con�dential attachment as a claim for information within the scope of FIFRA sec. 10(d)(1)(A). (iii) All information in the con�dential attachment that consists of (or whose disclosure would in turn disclose) the details of any methods for testing, detecting, or measuring the quantity of any deliberately added inert ingredient of a pesticide, must be individually identi�ed in the con�dential attachment as a claim for information within the scope of FIFRA sec. 10(d) (1)(B). https://www.ecfr.gov/current/title-40/part-2/subpart-B https://www.ecfr.gov/current/title-40/section-2.307 https://www.ecfr.gov/current/title-40/part-2/subpart-B https://www.ecfr.gov/current/title-40/part-2/subpart-the https://www.ecfr.gov/current/title-40/section-2.308 https://www.ecfr.gov/current/title-40/part-174 https://www.ecfr.gov/current/title-40/section-174.9 https://www.ecfr.gov/current/title-40/section-158.33#p-158.33(c)(2)(i) https://www.ecfr.gov/current/title-40/section-158.33#p-158.33(c)(2)(ii) https://www.ecfr.gov/current/title-40/section-158.33#p-158.33(c)(3) https://www.ecfr.gov/current/title-40/section-158.32 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 5/137 I authorize the Environmental Protection Agency to release any information contained in this document to State or foreign governments, without relinquishing proprietary rights or any con�dentiality claims asserted above. § 158.34 Flagging of studies for potential adverse e�ects. Table - Flagging Criteria (iv) All information in the con�dential attachment that consists of (or whose disclosure would in turn disclose) the identity or percentage quantity of any deliberately added inert ingredient of a pesticide must be individually identi�ed in the con�dential attachment as a claim for information within the scope of FIFRA sec. 10(d)(1)(C). (v) Information in the con�dential attachment that is designated in accordance with paragraphs (c)(3)(ii) - (iv) of this section must be on a separate page from information that is not so designated. (4) Voluntary release of information to States and foreign governments. (i) Submitters are encouraged to include with the statement required under paragraph (c)(2) of this section an additional statement to allow EPA to share information with State and foreign governments. EPA will not consider such a statement to be a waiver of con�dentiality or proprietary claims for the information. The statement is as follows: (ii) Information designated as releasable to state or foreign governments in accordance with this section may be released to such a government without further notice to the submitter. EPA will inform the State or foreign government of any of the con�dentiality claims associated with the information. (d) Release of information. (1) Safety and e�cacy information that was submitted to EPA on or after May 4, 1988 and that has not been designated by the submitter as FIFRA sec. 10(d)(1)(A), (B), or (C) information in accordance with the applicable requirements of this section is not entitled to con�dential treatment and may be disclosed to the public without further notice to the submitter, in accordance with paragraph (d)(2) of this section. Safety and e�cacy information which has been designated by the submitter as FIFRA sec. 10(d)(1) (A), (B), or (C) information is entitled to con�dential treatment only to the extent provided by FIFRA sec. 10(b), this section, and 40 CFR 2.208. (2) Information that is not entitled to be protected as con�dential in accordance with FIFRA sec. 10(b), this section and with EPA con�dentiality regulations at 40 CFR part 2, subpart B, may be released to the public without the a�rmation of non-multinational status provided under FIFRA sec. 10(g), provided that the information does not contain or consist of any complete unpublished report submitted to EPA, or excerpts or restatements of any such report which reveal the full methodology and complete results of the study, test, or experiment, and all explanatory information necessary to understand the methodology or interpret the results. (a) Any applicant who submits a study of a type listed in paragraph (b) of this section must submit with the study a statement in accordance with paragraph (c) of this section. (b) The following table indicates the study types and the criteria to be applied to each. Column 1 lists the study types by name. Column 2 lists the associated Pesticide Assessment Guideline number. Column 3 lists the criteria applicable to each type of study. Column 4 lists the reporting code to be included in the statement speci�ed in paragraph (c) of this section when any criterion is met or exceeded. Study Type(s) Guideline No. Criteria: Treated animals show any of the following: Criteria No. https://www.ecfr.gov/current/title-40/section-158.33#p-158.33(c)(2) https://www.ecfr.gov/current/title-40/section-158.33#p-158.33(d)(2) https://www.ecfr.gov/current/title-40/section-2.208 https://www.ecfr.gov/current/title-40/part-2/subpart-B https://www.ecfr.gov/current/title-40/section-158.34#p-158.34(b) https://www.ecfr.gov/current/title-40/section-158.34#p-158.34(c) https://www.ecfr.gov/current/title-40/section-158.34#p-158.34(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 6/137 Carcinogenicity or combined carcinogenicity/chronic feeding study 870.4200 870.4300 An incidence of neoplasms in males or females which increases with dose (positive trend p≤0.05); or 1 A statistically signi�cant (pairwise p≤0.05) increase of any type of neoplasm in any test group, males or females at any dose level, compared to concurrent control animals of the same sex; or 2 An increase in any type of uncommon or rare neoplasms in any test group, males or females animals at any dose level, compared to concurrent controls of the same sex; or 3 A decrease in the time to development of any type of neoplasms in any test group, males or females at any dose level, compared to concurrent controls of the same sex. 4 Prenatal developmental toxicity Reproduction and fertility Developmental neurotoxicity 870.3700 870.3800 870.6300 When compared to concurrent controls, treated offspring show a dose-related increase in malformations, pre- or post-natal deaths, or persistent functional or behavioral changes on a litter basis in the absence of signi�cant maternal toxicity at the same dose level. 5 Neurotoxicity 870.6100 870.6200 When compared to concurrent controls, treated animals show a statistically or biologically signi�cant increase in neuropathological lesions or persistent functional or behavioral changes. 6 Chronic feeding Carcinogenicity Reproduction and fertility Prenatal developmental toxicity Developmental neurotoxicity Acute or 90-day neurotoxicity 870.4100 870.4200 870.3800 870.3700 870.6300 870.6200 The no observed adverse effect level (NOAEL) from one of these studies is less than the NOAEL currently used by the Agency as the basis for either the acute or chronic reference dose. 7 (c) Identi�cation of studies. For each study of a type identi�ed in paragraph (b) of this section, the applicant shall include the appropriate one of the following two statements, together with the signature of the authorized representative of the company, and the date of signature: Study Type(s) Guideline No. Criteria: Treated animals show any of the following: Criteria No. https://www.ecfr.gov/current/title-40/section-158.34#p-158.34(b) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 7/137 I have applied the criteria of 40 CFR 158.34 for �agging studies for potential adverse effects to the results of the attached study. This study neither meets nor exceeds any of the applicable criteria. I have applied the criteria of 40 CFR 158.34 for �agging studies for potential adverse effects to the results of the attached study. This study meets or exceeds the criteria numbered [insert all applicable reporting codes]. § 158.45 Waivers. § 158.60 Minor use data policies. FIFRA sec. 2(ll) de�nes the term “minor use”and FIFRA provides a number of statutory provisions concerning minor uses. In addition, EPA has established policies with respect to minor uses of pesticides, including, but not limited to, the following: § 158.70 Satisfying data requirements. (1) Study does not meet or exceed criteria. (2) Study meets or exceeds criteria. (a) The data requirements speci�ed in this part as applicable to a category of products will not always be appropriate for every product in that category. Some products may have unusual physical, chemical, or biological properties or atypical use patterns which would make particular data requirements inappropriate, either because it would not be possible to generate the required data or because the data would not be useful in the Agency's evaluation of the risks or bene�ts of the product. The Agency will waive data requirements it �nds are inappropriate, but will ensure that su�cient data are available to make the determinations required by the applicable statutory standards. (b) (1) Applicants are encouraged to discuss a data waiver request with the Agency before developing and submitting supporting data, information, or other materials. (2) All waiver requests must be submitted to the Agency in writing. The request must clearly identify the data requirement(s) for which a waiver is sought along with an explanation and supporting rationale why the applicant believes the data requirement should be waived. In addition, the applicant must describe any unsuccessful attempts to generate the required data, furnish any other information which the applicant(s) believe(s) would support the request, and when appropriate, suggest alternative means of obtaining data to address the concern which underlies the data requirement. (c) The Agency will review each waiver request and subsequently inform the applicant in writing of its decision. If the decision could apply to more than the requested product, the Agency, in its discretion, may choose to send a notice to all registrants or publish a notice in the FEDERAL REGISTER announcing the decision. An Agency decision denying a written request to waive a data requirement is a �nal Agency action. (a) A new data requirement pertinent to both an unregistered minor use and a registered major use will not be applied to a minor use applicant until it is applied to the major use registration. (b) EPA will accept appropriate and adequate extrapolations and regional data to support establishment of individual minor use tolerances. (a) General policy. The Agency will determine whether the data submitted or cited to ful�ll the data requirements speci�ed in this part are acceptable. This determination will be based on the design and conduct of the experiment from which the data were derived, and an evaluation of whether the data ful�ll the purpose(s) of the data requirement. In evaluating experimental design, the Agency will https://www.ecfr.gov/current/title-40/section-158.34 https://www.ecfr.gov/current/title-40/section-158.34 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 8/137 § 158.75 Requirements for additional data. The data routinely required by this part may not be su�cient to permit EPA to evaluate every pesticide product. If the information required under this part is not su�cient to evaluate the potential of the product to cause unreasonable adverse effects on man or the environment, additional data requirements will be imposed. However, EPA expects that the information required by this part will be adequate in most cases for an assessment of the properties and effects of the pesticide. § 158.80 Use of other data. consider whether generally accepted methods were used, su�cient numbers of measurements were made to achieve statistical reliability, and su�cient controls were built into all phases of the experiment. The Agency will evaluate the conduct of each experiment in terms of whether the study was conducted in conformance with the design, good laboratory practices were observed, and results were reproducible. The Agency will not reject data merely because they were derived from studies which, when initiated, were in accordance with an Agency-recommended protocol, even if the Agency subsequently recommends a different protocol, as long as the data ful�ll the purposes of the requirements as described in this paragraph. (1) The provisions in this part 158 should be read in conjunction with the provisions in § 152.85 to claim eligibility for the formulators' exemption. (2) [Reserved] (b) Good laboratory practices. Applicants must adhere to the good laboratory practice (GLP) standards described in 40 CFR part 160 when conducting studies. Applicants must also adhere to GLP standards when conducting a study in support of a waiver request of any data requirement which is within the scope of the GLP requirements. (c) Agency guidelines. EPA has published Test Guidelines that contain standards for conducting acceptable tests, guidance on the evaluation and reporting of data, de�nition of terms, and suggested study protocols. Copies of the Test Guidelines may be obtained by visiting the agency's website at www.epa.gov/pesticides. (d) Study protocols (1) General. Any appropriate protocol may be used to generate the data required by this part, provided that it meets the purpose of the test standards speci�ed in the pesticide assessment guidelines, and provides data of suitable quality and completeness as typi�ed by the protocols cited in the guidelines. Applicants should use the test procedure which is most suitable for evaluation of the particular ingredient, mixture, or product. Accordingly, failure to follow a suggested protocol will not invalidate a test if another appropriate methodology is used. (2) Organization for Economic Co-Operation and Development (OECD) protocols. Tests conducted in accordance with the requirements and recommendations of the applicable OECD protocols can be used to develop data necessary to meet the requirements speci�ed in this part. Applicants should note, however, that certain of the OECD recommended test standards, such as test duration and selection of test species, are less restrictive than those recommended by EPA. Therefore, when using OECD protocols, care should be taken to observe the test standards in a manner such that the data generated by the study will satisfy the requirements of this part. (e) Combining studies. Certain toxicology studies may be combined to satisfy data requirements. For example, carcinogenicity studies in rats may be combined with the rat chronic toxicity study. Combining appropriate studies may be expected to reduce usage of test animals as well as reduce the cost of studies. EPA encourages this practice by including standards for acceptable combined tests in the Pesticide Assessment Guidelines. Registrants and applicants are encouraged to consider combining other tests when practical and likely to produce scienti�cally acceptable results. Registrants and applicants, however, must consult with the EPA before initiating combined studies. https://www.ecfr.gov/current/title-40/section-152.85 https://www.ecfr.gov/current/title-40/part-160 http://www.epa.gov/pesticides 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 9/137 Subpart B - How To Use Data Tables § 158.100 Pesticide use patterns. (a) Data developed in foreign countries. With certain exceptions, laboratory and �eld study data developed outside the United States may be submitted in support of a pesticide registration. Data generated in a foreign country which the Agency will not consider include, but are not limited to, data from tests which involved �eld test sites or a test material, such as a native soil, plant, or animal, that is not characteristic of the United States. Applicants submitting foreign data must take steps to ensure that U.S. materials are used, or be prepared to supply data or information to demonstrate the lack of substantial or relevant differences between the selected material or test site and the U.S. material or test site. Once submitted, the Agency will determine whether or not the data meet the data requirements. (b) Data generated for other purposes. Data developed for purposes other than satisfaction of FIFRA data requirements, such as monitoring studies, may also satisfy data requirements in this part. Consultation with the Agency should be arranged if applicants are unsure about suitability of such data. (a) General use patterns for conventional, biochemical, and microbial pesticides. There are six broad use categories used in the data tables. The six broad categories include terrestrial outdoor uses, aquatic outdoor uses, greenhouse uses, forestry uses, residential outdoor uses, and indoor uses of all types. The 6 broad use categories are further subdivided into 12 general use patterns which are the bases for data requirements established by use pattern. Within the data tables, general use patterns have been combined into single columns when the data requirements are the same for the combined uses. If there are no data requirements for a speci�c use, the column for that use is not included in the table. The 12 general use pattern groups used in the data table in this part are: (1) Terrestrial food crop use. (2) Terrestrial feed crop use. (3) Terrestrial nonfood crop use. (4) Aquatic food crop use. (5) Aquatic nonfood use. (6) Greenhouse food crop use. (7) Greenhouse nonfood crop use. (8) Forestry use. (9) Residential outdoor use. (10) Residential indoor use. (11) Indoor food use. (12) Indoor nonfood use. (b) Pesticide use site index for conventional, biochemical, and microbial pesticides. The Pesticide Use Site Index for Conventional, Biochemical, and Microbial Pesticides is a comprehensive list of speci�c pesticide use sites. The index is alphabetized separately by site for all agricultural and all nonagricultural uses. The Pesticide Use Site Index associates each pesticide use site with one or more of the 12 general use patterns. It may be used in conjunction with the data tables to determine the applicability of data requirements to speci�c uses. The Pesticide Use Site Index for Conventional, Biochemical, and Microbial Pesticides will be updated periodically, and is available from the Agency or may be obtained from the Agency's Web site at http://www.epa.gov/pesticides. (c) Antimicrobial pesticide use patterns. The general use patterns for antimicrobial pesticides are described in § 158.2201. http://www.epa.gov/pesticides https://www.ecfr.gov/current/title-40/section-158.2201 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 10/137 [72 FR 60957, Oct. 26, 2007, as amended at 78 FR 26978, May 8, 2013] § 158.110 Required and conditionally required data. The tables in this part use the descriptors R (required), CR (conditionally required), and NR (not required) as a general indication of the applicability of a data requirement. In all cases, the test notes referred to in the table must be consulted to determine the actual applicability of the data requirement. § 158.120 Determining data requirements. As with current practice, the actual data and studies required may be modi�ed on an individual basis to fully characterize the use and properties of speci�c pesticide products under review. While EPA is attempting to assist the applicant in this subpart, it is important to emphasize that it is the applicant's obligation under FIFRA to demonstrate that an individual product meets the standard under FIFRA and/or FFDCA. Accordingly, applicants are encouraged to consult with the Agency on the appropriate data requirements as set forth here as they relate to their speci�c product prior to and during the registration process. (d) Pesticide use site index for antimicrobial pesticides. The Pesticide Use Site Index for Antimicrobial Pesticides is a comprehensive list of speci�c antimicrobial use sites. The index is alphabetized by antimicrobial use sites, and associates each antimicrobial use site with one or more of the antimicrobial use patterns. It may be used in conjunction with the data tables to determine the applicability of data requirements to speci�c uses. The Pesticide Use Site Index for Antimicrobial Pesticides will be updated periodically, and is available from the Agency or may be obtained from the Agency's Web site at http://www.epa.gov/pesticides. (e) Determination of use pattern. Applicants unsure of the correct use pattern for their particular product should consult the Agency. (a) EPA requires data designated as “required”(R) for products with a given use pattern in order to evaluate the risks or bene�ts of a product having that use pattern under any conditions established by the test notes. (b) Data designated as “conditionally required” (CR) for products with a given use pattern are required by EPA to evaluate the risks or bene�ts of a product having that use pattern if the product meets the conditions speci�ed in the notes accompanying the requirement. The determination of whether the data must be submitted is based on the product's use pattern, physical or chemical properties, expected exposure of nontarget organisms, and/or results of previous testing (for example, tier testing). Applicants must evaluate each applicable test note for the conditions and criteria to be considered in determining whether conditionally required data must be submitted. (c) Data not required for the Agency's assessment of the risks and bene�ts of a particular use pattern are designated “not required” (NR) in data tables. (a) Finding the appropriate data table. (1) Pesticide data requirements for conventional chemical active ingredients and related substances are presented in subparts D, E, F, G, K, L, N, and O of this part in the form of a series of data tables, each addressing a particular scienti�c discipline or data topic. Data requirements for biochemical and microbial pest control agents are contained and are described separately within subparts U and V of this part, respectively. (2) Key to table notations. R = required data; CR = conditionally required data; NR = Not required; MP = manufacturing-use product; EP = end-use product; TEP = typical end-use product; TGAI = technical grade of the active ingredient; PAI = pure active ingredient; PAIRA = pure active ingredient, radiolabeled; Choice = choice of several test substances depending on studies required. (b) Identifying required studies. To determine the speci�c kinds of data needed to support the registration use of each pesticide product, the applicant may: https://www.federalregister.gov/citation/72-FR-60957 https://www.federalregister.gov/citation/78-FR-26978 http://www.epa.gov/pesticides https://www.ecfr.gov/current/title-40/part-158/subpart-D https://www.ecfr.gov/current/title-40/part-158/subpart-E https://www.ecfr.gov/current/title-40/part-158/subpart-F https://www.ecfr.gov/current/title-40/part-158/subpart-G https://www.ecfr.gov/current/title-40/part-158/subpart-K https://www.ecfr.gov/current/title-40/part-158/subpart-L https://www.ecfr.gov/current/title-40/part-158/subpart-N https://www.ecfr.gov/current/title-40/part-158/subpart-O https://www.ecfr.gov/current/title-40/part-158/subpart-U https://www.ecfr.gov/current/title-40/part-158/subpart-V 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 11/137 § 158.130 Purposes of the registration data requirements. (1) Refer to the applicable subpart(s) of this part. These subparts describe the data requirements including data tables for each subject area. (2) Select the general use pattern(s) that best cover the use pattern(s) speci�ed on the pesticide product label as explained in § 158.100. All applicable use patterns must be included. (3) Proceed down the appropriate general use pattern column in the table and note which tests are required (R), conditionally required (CR), or not required (NR). Required and conditionally required studies are described in § 158.110. (4) Review the notes for each requirement to determine its applicability to the speci�c product proposed for registration. (5) (i) Proceed down the Test substance columns and determine the appropriate test substance needed for that study. If the data are intended to support a manufacturing-use product, use the MP column. If the data are intended to support an end-use product, use the EP column. (ii) The test substances columns specify which substance is to be used for testing. Applicants should note that the substance that must be used when performing the study may or may not be the product itself. For example, the data from a certain study may be required to support the registration of an end-use product, but the test substance column may state that the particular test shall be performed using the technical grade of the active ingredient(s) in the end-use product. (iii) Manufacturing-use products (MP) and end-use products (EP) containing a single active ingredient and no intentionally added inert ingredients are considered identical in composition to each other, and to the technical grade of the active ingredient (TGAI) from which they were derived. Therefore, the data from a test conducted using any one of these as the test substance is also suitable to meet the requirement (if any) for the same test to be conducted using either of the other substances. (6) Refer to the Pesticide Assessment Guideline reference number for each study located in the �rst column. See § 158.70(c) for information pertaining to the guidelines and how to obtain copies. (a) General. The data requirements for registration are intended to generate data and information necessary to address concerns pertaining to the identity, composition, potential adverse effects and environmental fate of each pesticide. (b) Product chemistry (1) Product composition. Data on product composition are needed: (i) To support the conclusions expressed in the statement of formula; (ii) To compare to the composition of materials used in required testing under this part; and (iii) To determine whether a product is “identical or substantially similar”to another product, a determination that involves the comparison of product composition. (2) Nominal concentration and certi�ed limits. The nominal concentration of a product, de�ned as that concentration that is expected to be present in a product as a result of the production or formulation process, is used to gauge the acceptability of the certi�ed limits, which de�ne the outer limits of the range of the product's ingredients. The certi�ed limits are used to enforce the composition of the product and to ensure the accuracy of hazard assessments. (3) Physical and chemical characteristics. The physical and chemical characteristics of an active ingredient or product are used: (i) To con�rm or provide supportive information on the identity and composition of the product; https://www.ecfr.gov/current/title-40/section-158.100 https://www.ecfr.gov/current/title-40/section-158.110 https://www.ecfr.gov/current/title-40/section-158.70#p-158.70(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 12/137 (ii) To assess the hazards of the ingredient or product; and (iii) To trigger or evaluate certain other studies required by this part. (c) Product performance. Requirements to develop data on product performance provide a mechanism to ensure that pesticide products will perform as intended and that unnecessary pesticide exposure to the environment will not occur as a result of the use of ineffective products. Speci�c performance standards are used to validate the e�cacy data in the public health areas, including disinfectants used to control microorganisms infectious to man in any area of the inanimate environment and those pesticides used to control vertebrates (such as rodents, birds, bats and skunks) that may directly or indirectly transmit diseases to humans. (d) Toxicology-humans and domestic animals. Data required to assess hazards to humans and domestic animals are derived from a variety of acute, subchronic and chronic toxicity tests, and tests to assess mutagenicity and pesticide metabolism. (1) Acute studies. Determination of acute oral, dermal and inhalation toxicity is usually the initial step in the assessment and evaluation of the toxic characteristics of a pesticide. These data provide information on health hazards likely to arise soon after, and as a result of, short-term exposure. Data from acute studies serve as a basis for classi�cation and precautionary labeling. For example, acute toxicity data are used to calculate farmworker reentry intervals and to develop precautionary label statements pertaining to protective clothing requirements for applicators. They also provide information used in establishing the appropriate dose levels in subchronic and other studies; provide initial information on the mode of toxic action(s) of a substance; and determine the need for child resistant packaging. Information derived from primary eye and primary dermal irritation studies serves to identify possible hazards from exposure of the eyes, associated mucous membranes and skin. (2) Subchronic studies. Subchronic tests provide information on health hazards that may arise from repeated exposures over a limited period of time. They provide information on target organs and accumulation potential. The resulting data are also useful in selecting dose levels for chronic studies and for establishing safety criteria for human exposure. These tests are not capable of detecting those effects that have a long latency period for expression (e.g., carcinogenicity). (3) Chronic studies. Chronic toxicity studies (usually conducted by feeding the test substance to the test species) are intended to determine the effects of a substance in a mammalian species following prolonged and repeated exposure. Under the conditions of this test, effects which have a long latency period or are cumulative should be detected. The purpose of long-term carcinogenicity studies is to observe test animals over most of their life span for the development of neoplastic lesions during or after exposure to various doses of a test substance by an appropriate route of administration. (4) Developmental toxicity and reproduction studies. The developmental toxicity study is designed to determine the potential of the test substance to induce structural and/or other abnormalities to the fetus as the result of exposure of the mother during pregnancy. Two-generation reproduction testing is designed to provide information concerning the general effects of a test substance on gonadal function, estrus cycles, mating behavior, conception, parturition, lactation, weaning, and the growth and development of the offspring. The study may also provide information about the effects of the test substance on neonatal morbidity, mortality, and preliminary data on prenatal developmental toxicity and serve as a guide for subsequent tests. (5) Mutagenicity studies. For each test substance a battery of tests is required to assess the potential to affect the mammalian cell's genetic components. The objectives underlying the selection of a battery of tests for mutagenicity assessment are: (i) To detect, with sensitive assay methods, the capacity of a chemical to alter genetic material in cells. (ii) To determine the relevance of these mutagenic changes to mammals. (iii) When mutagenic potential is demonstrated, to incorporate these �ndings in the assessment of heritable effects, carcinogenicity, and, possibly, other health effects. 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 13/137 (6) Metabolism studies. Data from studies on the absorption, distribution, metabolism, and excretion of a pesticide aid in the valuation of test results from other toxicity studies and in the extrapolation of data from animals to man. The main purpose of metabolism studies is to produce data which increases the Agency's understanding of the behavior of the chemical when considering the human exposure anticipated from intended uses of the pesticide. (e) Hazards to nontarget organisms (1) General. The information required to assess hazards to nontarget organisms is derived from tests to determine pesticidal effects on birds, mammals, �sh, terrestrial and aquatic invertebrates and plants. These tests include short-term acute, subacute, reproduction, simulated �eld, and full �eld studies arranged in a hierarchical or tier system which progresses from the basic laboratory tests to the applied �eld tests. The results of each tier of testing must be evaluated to determine the potential of the pesticide to cause adverse effects, and to determine whether further testing is required. A purpose common to all data requirements is to provide data which determine the need for (and appropriate wording for) precautionary label statements to minimize the potential adverse effects to nontarget organisms. (2) Short-term studies. The short-term acute and subchronic laboratory studies provide basic toxicity information which serves as a starting point for the hazard assessment. These data are used: To establish acute toxicity levels of the active ingredient to the test organisms; to compare toxicity information with measured or estimated pesticide residues in the environment in order to assess potential impacts on �sh, wildlife and other nontarget organisms; and to indicate whether further laboratory and/or �eld studies are needed. (3) Long-term and �eld studies. Additional studies (i.e., avian, �sh, and invertebrate reproduction, life cycle studies and plant �eld studies) may be required when basic data and environmental conditions suggest possible problems. Data from these studies are used to: Estimate the potential for chronic effects, taking into account the measured or estimated residues in the environment; and to determine if additional �eld or laboratory data are necessary to further evaluate hazards. Simulated �eld and/or �eld data are used to examine acute and chronic adverse effects on captive or monitored �sh and wildlife populations under natural or near natural environments. Such studies are required only when predictions as to possible adverse effects in less extensive studies cannot be made, or when the potential for adverse effects is high. (f) Applicator and post-application exposure. Data are used to evaluate exposures to persons in occupational and non-occupational settings, including agricultural, residential, commercial, institutional and recreational sites. Data include oral, dermal and inhalation exposure data, post application residue data, post-application monitoring data, use information, and human activity information. These data, together with toxicology data, are used to determine whether application or post-application risks are of concern, and, where appropriate, to develop post-application restrictions such as reentry restrictions. (g) Pesticide spray drift evaluation. Data required to evaluate pesticide spray drift are derived from studies of droplet size spectrum and spray drift �eld evaluations. These data contribute to the development of the overall exposure estimate and, along with data on toxicity for humans, �sh and wildlife, or plants, are used to assess the potential hazard of pesticides to these organisms. A purpose common to all these tests is to provide data which will be used to determine the need for (and appropriate wording for) precautionary labeling to minimize the potential adverse effect to nontarget organisms. (h) Environmental fate (1) General. The data generated by environmental fate studies are used to: Assess the toxicity to man through exposure of humans to pesticide residues remaining after application, either upon reentering treated areas or from consuming inadvertantly-contaminated food; assess the presence of widely distributed and persistent pesticides in the environment which may result in loss of usable land, surface water, ground water, and wildlife resources; and, assess the potential environmental exposure of other nontarget organisms, such as �sh and wildlife, to pesticides. Another speci�c purpose of the environmental fate data requirements is to help applicants and the Agency estimate expected environmental concentrations of pesticides in speci�c habitats where threatened or endangered species or other wildlife populations at risk are found. 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 14/137 Subpart C - Experimental Use Permits § 158.200 Experimental use permit data requirements tables. Sections 158.200 through 158.270 describe how to use these tables to determine the experimental use permit data requirements for a particular pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed at the end of each table. Refer to 40 CFR part 172 for further information on experimental use permits. § 158.210 Experimental use permit data requirements for product chemistry. (2) Degradation studies. The data from hydrolysis and photolysis studies are used to determine the rate of pesticide degradation and to identify pesticides that may adversely affect nontarget organisms. (3) Metabolism studies. Data generated from aerobic and anaerobic metabolism studies are used to determine the nature and availability of pesticides to rotational crops and to aid in the evaluation of the persistence of a pesticide. (4) Mobility studies. These data requirements pertain to leaching, adsorption/desorption, and volatility of pesticides. They provide information on the mode of transport and eventual destination of the pesticide in the environment. This information is used to assess potential environmental hazards related to: Contamination of human and animal food; loss of usable land and water resources to man through contamination of water (including ground water); and habitat loss of wildlife resulting from pesticide residue movement or transport in the environment. (5) Dissipation studies. The data generated from dissipation studies are used to assess potential environmental hazards (under actual �eld use conditions) related to: Reentry into treated areas; hazards from residues in rotational crops and other food sources; and the loss of land as well as surface and ground water resources. (i) Residue chemistry. (1) Residue chemistry data are used by the Agency to estimate the exposure of the general population to pesticide residues in food and for setting and enforcing tolerances for pesticide residues in food or feed. (2) Information on the chemical identity and composition of the pesticide product, the amounts, frequency and time of the pesticide application, and results of tests on the amount of residues remaining on or in the treated food or feed, are needed to support a �nding as to the magnitude and identity of residues which result in food or animal feed as a consequence of a proposed pesticide usage. (3) Residue chemistry data are also needed to support the adequacy of one or more methods for the enforcement of the tolerance, and to support practicable methods for removing residues that exceed any proposed tolerance. (4) Accumulation studies. Accumulation studies indicate pesticide residue levels in food supplies that originate from wild sources or from rotational crops. Rotational crop studies are necessary to establish realistic crop rotation restrictions and to determine if tolerances may be needed for residues on rotational crops. Data from irrigated crop studies are used to determine the amount of pesticide residues that could be taken up by representative crops irrigated with water containing pesticide residues. These studies allow the Agency to establish label restrictions regarding application of pesticides on sites where the residues can be taken up by irrigated crops. These data also provide information that aids the Agency in establishing any corresponding tolerances that would be needed for residues on such crops. Data from pesticide accumulation studies in �sh are used to establish label restrictions to prevent applications in certain sites so that there will be minimal residues entering edible �sh or shell�sh. These residue data are also used to determine if a tolerance or action level is needed for residues in aquatic animals eaten by humans. https://www.ecfr.gov/current/title-40/part-172 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 15/137 All product chemistry data, as described in § 158.310, must be submitted to support a request for an experimental use permit. § 158.220 Experimental use permit data requirements for product performance. All product performance data, as described in paragraph (c) of this section, must be submitted to support a request for an experimental use permit. Table - Experimental Use Permit Data Requirements for Product Performance (a) Use patterns. (1) The terrestrial use pattern includes products classi�ed under the general use patterns of terrestrial food crop and terrestrial nonfood crop. The aquatic use pattern includes products classi�ed under the general use patterns of aquatic food crop and aquatic nonfood crop. The greenhouse use pattern includes products classi�ed under the general use patterns of greenhouse food crop and greenhouse nonfood crop. The indoor use pattern includes products classi�ed under the general use patterns of indoor food and indoor nonfood use. (2) Data are also required for forestry and residential outdoor uses. (b) Key. CR = Conditionally required; NR = Not required; R = Required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product. (c) Table. The following table shows the experimental use data requirements for product performance. The test notes are shown in paragraph (d) of this section. E�cacy of antimicrobial agents 91-8 Products for treating water systems NR NR CR NR NR NR NR NR E�cacy of fungicides and nematicides 93-16 Products for control of organisms producing mycotoxins CR NR CR NR CR NR NR NR E�cacy of vertebrate control agents 96-5 Avian toxicants R R NR NR NR NR NR R Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Forestry Res OuFood Crop Nonfood Crop Food Crop Nonfood Crop Food Crop Nonfood Crop E�cacy of antimicrobial agents 91-8 Products for treating water systems NR NR CR NR NR NR NR NR E�cacy of fungicides and nematicides 93-16 Products for control of organisms producing mycotoxins CR NR CR NR CR NR NR NR E�cacy of vertebrate control agents 96-5 Avian toxicants R R NR NR NR NR NR R Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Forestry Res OuFood Crop Nonfood Crop Food Crop Nonfood Crop Food Crop Nonfood Crop https://www.ecfr.gov/current/title-40/section-158.310 https://www.ecfr.gov/current/title-40/section-158.220#p-158.220(c) https://www.ecfr.gov/current/title-40/section-158.220#p-158.220(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 16/137 1. The Agency has waived the requirement to submit e�cacy data unless the pesticide product bears a claim to control pest microorganisms that pose a threat to human health and whose presence cannot readily be observed by the user including, but not limited to, microorganisms infectious to man in any area of the inanimate environment, or a claim to control vertebrates (such as rodents, birds, bats, canids, and skunks) that may directly or indirectly transmit diseases to humans. However each registrant must ensure through testing that his product is e�cacious when used in accordance with label directions and commonly accepted pest control practices. The Agency reserves the right to require, on a case-by-case basis, submission of e�cacy data for any pesticide product registered or proposed for registration. 2. [Reserved] 96-6 Avian repellents R R NR NR NR NR NR R 96-7 Avian frightening agents R R NR NR NR NR NR R 96-9 Bat toxicants and repellents NR NR NR NR NR NR NR NR 96-10 Commensal rodenticides R R NR NR NR NR NR R 96-12 Rodenticides on farm and rangelands R R NR NR NR NR NR R 95-13 Rodent fumigants R R NR NR NR NR NR R 95-16 Rodent reproductive inhibitors R R NR NR NR NR NR R 95-17 Mammalian predacides R R NR NR NR NR NR R Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Forestry Res OuFood Crop Nonfood Crop Food Crop Nonfood Crop Food Crop Nonfood Crop 96-6 Avian repellents R R NR NR NR NR NR R 96-7 Avian frightening agents R R NR NR NR NR NR R 96-9 Bat toxicants and repellents NR NR NR NR NR NR NR NR 96-10 Commensal rodenticides R R NR NR NR NR NR R 96-12 Rodenticides on farm and rangelands R R NR NR NR NR NR R 95-13 Rodent fumigants R R NR NR NR NR NR R 95-16 Rodent reproductive inhibitors R R NR NR NR NR NR R 95-17 Mammalian predacides R R NR NR NR NR NR R Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Forestry Res OuFood Crop Nonfood Crop Food Crop Nonfood Crop Food Crop Nonfood Crop (d) Test notes. The following test notes apply to the data requirements in the table to paragraph (c) of this section. https://www.ecfr.gov/current/title-40/section-158.220#p-158.220(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 17/137 [72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008] § 158.230 Experimental use permit data requirements for toxicology. All toxicology data, as described in paragraph (c) of this section, must be submitted to support a request for an experimental use permit. Table - Experimental Use Permit Toxicity Data Requirements Acute Testing 870.1100 Acute oral toxicity - rat R R MP and TGAI TGAI, EP 1 870.1200 Acute dermal toxicity R R MP and TGAI TGAI, EP 1, 2 870.1300 Acute inhalation toxicity - rat R R MP and TGAI TGAI and EP 3 870.2400 Primary eye irritation - rabbit R R MP TGAI and EP 2 870.2500 Primary dermal irritation R R MP TGAI and EP 1, 2 (a) Use patterns. (1) Food use patterns include products classi�ed under the general use patterns of terrestrial food crop use, terrestrial feed crop use, aquatic food crop use, greenhouse food crop use, and indoor food use. (2) Nonfood use patterns include products classi�ed under the general use patterns of terrestrial nonfood crop use, aquatic nonfood crop use, aquatic nonfood outdoor use, greenhouse nonfood crop use, forestry use, residential outdoor use, indoor nonfood use, and indoor residential use. (b) Key. CR = Conditionally required; NR = Not required; R = Required; EP = End-use product; MP = Manufacturing-use product; PAIRA = Pure active ingredient radio-labeled; TGAI = Technical grade of the active ingredient. (c) Table. The following table shows the experimental use data requirements for toxicology. The test notes are shown in paragraph (d) of this section. Guideline Number Data Requirement Use Pattern Test substance to support Test Note No. Food Nonfood MP EP https://www.federalregister.gov/citation/72-FR-60957 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-158.230#p-158.230(c) https://www.ecfr.gov/current/title-40/section-158.230#p-158.230(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 18/137 870.2600 Dermal sensitization R R MP TGAI and EP 2, 4 870.6100 Delayed neurotoxicity (acute) - hen CR CR TGAI TGAI 5 Subchronic Testing 870.3100 90-day Oral - rodent R NR TGAI TGAI 870.3150 90-day Oral - non-rodent R NR TGAI TGAI Chronic Testing 870.4100 Chronic oral - rodent R NR TGAI TGAI 6 Developmental Toxicity and Reproduction 870.3700 Prenatal Developmental toxicity - rat and rabbit, preferred R NR TGAI TGAI 7, 8 870.3800 Reproduction R NR TGAI TGAI 6 Mutagenicity Testing 870.5100 Bacterial reverse mutation assay R NR TGAI TGAI 9 870.5300 870.5375 In vitro mammalian cell assay R NR TGAI TGAI 9, 10 870.5385 870.5395 In vivo cytogenetics R NR TGAI TGAI 9, 11 1. Not required if test material is a gas or a highly volatile liquid. 2. Not required if test material is corrosive to skin or has a pH of less than 2 or greater than 11.5. 3. Required if the product consists of, or under conditions of use will result in, a respirable material (e.g., gas, vapor, aerosol, or particulate). 4. Required if repeated dermal exposure is likely to occur under conditions of use. 5. Required if the test material is an organophosphorus substance, which includes uncharged organophosphorus esters, thioesters, or anhydrides of organophosphoric, organophosphonic, or organophosphoramidic acids, or of related phosphorothioic, phosponothioic, or phosphorothioamidic acids, or (d) Test notes. The following test notes apply to the data requirements in the table to paragraph (c) of this section. Guideline Number Data Requirement Use Pattern Test substance to support Test Note No. Food Nonfood MP EP https://www.ecfr.gov/current/title-40/section-158.230#p-158.230(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 19/137 is structurally related to other substances that may cause the delayed neurotoxicity sometimes seen in this class of chemicals. 6. These studies are seldom required to support EUPs. They may be required if the dietary exposure for these EUPs occupies a large part, e.g., greater than 50%, of the reference dose. 7. The oral route, by oral intubation, is preferred unless the chemical or physical properties of the test substance or the pattern of exposure suggests a more appropriate route of exposure. 8. May be combined with the 2-generation reproduction study in rodents by utilizing a second mating of the parental animals in either generation. 9. At a minimum, an initial battery of mutagenicity tests with possible con�rmatory testing is required. Other relevant mutagenicity tests that may have been performed, plus a complete reference list must also be submitted. 10. Choice of assay using either: i. Mouse lymphoma L5178Y cells, thymidine kinase (tk) gene locus, maximizing assay conditions for small colony expression or detection; ii. Chinese hamster ovary (CHO) or Chinese hamster lung �broblast (V79) cells, hypoxanthine-guanine phosphoribosyl transferase (hgprt) gene locus, accompanied by an appropriate in vitro test for clastogenicity; or iii. CHO cells strains AS52, xanthine-guanine phosphoribosyl transferase (xprt) gene locus. 11. The micronucleus rodent bone marrow assay is preferred; however, rodent bone marrow assays using metaphase analysis (aberrations) are acceptable. [72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008] § 158.240 Experimental use permit data requirements for ecological e�ects. All data for terrestrial nontarget organisms and aquatic nontarget organisms as described in § 158.243 must be submitted to support a request for an experimental use permit. No data for nontarget plant protection must be submitted to support a request for an experimental use permit. § 158.243 Experimental use permit data requirements for terrestrial and aquatic nontarget organisms. All terrestrial and aquatic nontarget organism data, as described in paragraph (c) of this section, must be submitted to support a request for an experimental use permit. (a) Use patterns. (1) The terrestrial use pattern includes products classi�ed under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood crop. The aquatic use pattern includes products classi�ed under the general use patterns of aquatic food crop and aquatic nonfood. The greenhouse use pattern includes products classi�ed under the general use patterns of greenhouse food crop and greenhouse nonfood crop. The indoor use pattern includes products classi�ed under the general use patterns of indoor food and indoor nonfood use. (2) Data are also required for the general use patterns of forestry and residential outdoor use. https://www.federalregister.gov/citation/72-FR-60957 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-158.243 https://www.ecfr.gov/current/title-40/section-158.243#p-158.243(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 20/137 Table - Experimental Use Permit Terrestrial and Aquatic Nontarget Organism Data Requirements (b) Key. CR = Conditionally required; NR = Not required; R = Required; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; commas between the test substances (e.g. TGAI, TEP) indicate that data may be required on the TGAI or TEP depending on the conditions set forth in the test note. (c) Table. The following table shows the experimental use data requirements for terrestrial and aquatic nontarget organisms. The test notes are shown in paragraph (d) of this section. Avian and Mammalian Testing 850.2100 Avian oral toxicity R R R R CR CR 850.2200 Avian dietary toxicity R R R R NR NR Aquatic Organisms Testing 850.1075 Freshwater �sh toxicity R R R NR NR NR 850.1010 Acute toxicity freshwater invertebrates R R R NR NR NR 850.1300 Aquatic invertebrate life cycle (freshwater) NR R R NR NR NR 850.1400 Fish early-life stage (freshwater) NR R R NR NR NR Accumulation Study 850.1730 Fish CR CR CR NR NR NR Insect Pollinator Testing Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse Indo Avian and Mammalian Testing 850.2100 Avian oral toxicity R R R R CR CR 850.2200 Avian dietary toxicity R R R R NR NR Aquatic Organisms Testing 850.1075 Freshwater �sh toxicity R R R NR NR NR 850.1010 Acute toxicity freshwater invertebrates R R R NR NR NR 850.1300 Aquatic invertebrate life cycle (freshwater) NR R R NR NR NR 850.1400 Fish early-life stage (freshwater) NR R R NR NR NR Accumulation Study 850.1730 Fish CR CR CR NR NR NR Insect Pollinator Testing Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse Indo https://www.ecfr.gov/current/title-40/section-158.243#p-158.243(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 21/137 1. Data using the TGAI are required to support all outdoor end-use product uses including, but not limited to, turf. Data are generally not required to support end-use products in the form of a gas, a highly volatile liquid, a highly reactive solid, or a highly corrosive material. 2. For greenhouse and indoor end-use products, data using the TGAI are required to support manufacturing use products to be reformulated into these same end-use products or to support end-use products when there is no registered manufacturing-use product. Avian acute oral data are not required for liquid formulations for greenhouse and indoor uses. The study is not required if there is no potential for environmental exposure. 3. Data are required on one passerine species and either one waterfowl species or one upland game bird species for terrestrial, aquatic, forestry, and residential outdoor uses. Data are preferred on waterfowl or upland game bird species for indoor and greenhouse uses. 4. Data are required on waterfowl and upland game bird species. 5. Data are required on one coldwater �sh and one warmwater �sh for terrestrial, aquatic, forestry, and residential outdoor uses. For indoor and greenhouse uses, testing with only one of either �sh species is required. 6. EP or TEP testing is required for any product which meets any of the following conditions: i. The end-use pesticide will be introduced directly into an aquatic environment (e.g., aquatic herbicides and mosquito larvicides) when used as directed. ii. The maximum expected environmental concentration (MEEC) or the estimated environmental concentration (EEC) in the aquatic environment is ≥one-half the LC or EC of the TGAI when the EP is used as directed. iii. An ingredient in the end-use formulation other than the active ingredient is expected to enhance the toxicity of the active ingredient or to cause toxicity to aquatic organisms. 7. Data are required on one freshwater aquatic invertebrate species. 8. Data are generally not required for outdoor residential uses, other than turf, unless data indicate that pesticide residues from the proposed use(s) can potentially enter waterways. 9. Data are required on one freshwater �sh species. If the test species is different from the two species used for the freshwater �sh acute toxicity tests, a 96 hour LC on that species must also be provided. 10. Not required when: i. The octanol/water partition coe�cients of the pesticide and its major degradates are <1,000; or 850.3020 Honeybee acute contact toxicity R R R NR NR NR Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse Indo 850.3020 Honeybee acute contact toxicity R R R NR NR NR Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse Indo (d) Test notes. The following test notes apply to the data requirements in the table to paragraph (c) of this section. 50 50 50 https://www.ecfr.gov/current/title-40/section-158.243#p-158.243(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 22/137 ii. There are no potential exposures to �sh and other nontarget aquatic organisms; or iii. The hydrolytic half-life is <5 days at pH 5, 7 and 9. 11. The freshwater �sh test species for the TEP testing is the most sensitive of the species tested with the TGAI. A freshwater invertebrate must also be tested with the EP or TEP using the same species tested with the TGAI. [72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008] § 158.250 Experimental use permit data requirements for human exposure. No data for applicator exposure and post-application exposure must be submitted to support a request for an experimental use permit. § 158.260 Experimental use permit data requirements for environmental fate. All environmental fate data, as described in paragraph (c) of this section, must be submitted to support a request for an experimental use permit. Table - Experimental Use Permit Environmental Fate Data Requirements (a) Use patterns. (1) The terrestrial use pattern includes products classi�ed under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood. The aquatic use pattern includes the general use patterns of aquatic food crop, aquatic nonfood residential, and aquatic nonfood outdoors. The greenhouse use pattern includes both food and nonfood uses. The indoor use pattern includes food, nonfood, and residential indoor uses. (2) Data are also required for the general use patterns of forestry use and residential outdoor use. (b) Key. CR = Conditionally required; NR = Not required; R = Required; PAIRA = Pure active ingredient radio labeled; TGAI = Technical grade of the active ingredient. (c) Table. The following table shows the experimental use data requirements for environmental fate. The test notes are shown in paragraph (d) of this section. Degradation Study - Laboratory 835.2120 Hydrolysis R R R NR R Metabolism Studies - Laboratory 835.4100 Aerobic soil R CR NR NR R 835.4300 Aerobic aquatic NR R NR NR NR Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Indoors Forestry Degradation Study - Laboratory 835.2120 Hydrolysis R R R NR R Metabolism Studies - Laboratory 835.4100 Aerobic soil R CR NR NR R 835.4300 Aerobic aquatic NR R NR NR NR Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Indoors Forestry https://www.federalregister.gov/citation/72-FR-60957 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-158.260#p-158.260(c) https://www.ecfr.gov/current/title-40/section-158.260#p-158.260(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 23/137 1. Study is required for indoor uses in cases where environmental exposure is likely to occur. Such sites include, but are not limited to, agricultural premises, in or around farm buildings, barnyards, and beehives. 2. Required for aquatic uses for aquatic sites that are intermittently dry. Such sites include, but are not limited to cranberry bogs and rice paddies. 3. Adsorption and desorption using a batch equilibrium method is preferred. However, in some cases, for example, where the pesticide degrades rapidly, soil column leaching with unaged or aged columns may be more appropriate to fully characterize the potential mobility of the parent compound and major transformation products. [72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008] § 158.270 Experimental use permit data requirements for residue chemistry. All residue chemistry data, as described in § 158.1410, are required for an experimental use permit for which a temporary tolerance under FFDCA section 408(r) is sought. Residue chemistry data are not required for an experimental use permit issued on a crop-destruct basis. §§ 158.280-158.290 [Reserved] Subpart D - Product Chemistry § 158.300 De�initions. The following terms are de�ned for the purposes of this subpart: Active ingredient means any substance (or group of structurally similar substances, if speci�ed by the Agency) that will prevent, destroy, repel or mitigate any pest, or that functions as a plant regulator, desiccant, defoliant, or nitrogen stabilizer, within the meaning of FIFRA sec. 2(b). End-use product means a pesticide product whose labeling: Formulation means: Mobility Study 835.1230 835.1240 Leaching and adsorption/desorption R NR NR NR R Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Indoors Forestry Mobility Study 835.1230 835.1240 Leaching and adsorption/desorption R NR NR NR R Guideline No. Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Indoors Forestry (d) Test notes. The following test notes apply to the data requirements in the table to paragraph (c) of this section. (1) Includes directions for use of the product (as distributed or sold, or after combination by the user with other substances) for controlling pests or defoliating, desiccating or regulating growth of plants, or as a nitrogen stabilizer, and (2) does not state that the product may be used to manufacture or formulate other pesticide products. https://www.federalregister.gov/citation/72-FR-60957 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-158.1410 https://www.ecfr.gov/current/title-40/section-158.260#p-158.260(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 24/137 Impurity means any substance (or group of structurally similar substances if speci�ed by the Agency), in a pesticide product other than an active ingredient or an inert ingredient, including unreacted starting materials, side reaction products, contaminants, and degradation products. Impurity associated with an active ingredient means: Inert ingredient means any substance (or group of structurally similar substances if designated by the Agency), other than the active ingredient, which is intentionally included in a pesticide product. Integrated system means a process for producing a pesticide product that: Manufacturing-use product means any pesticide product other than an end-use product. A product may consist of the technical grade of active ingredient only, or may contain inert ingredients, such as stabilizers or solvents. Nominal concentration means the amount of an ingredient which is expected to be present in a typical sample of a pesticide product at the time the product is produced, expressed as a percentage by weight. Starting material means a substance used to synthesize or purify a technical grade of active ingredient (or the practical equivalent of the technical grade ingredient if the technical grade cannot be isolated) by chemical reaction. Technical grade of active ingredient means a material containing an active ingredient: § 158.310 Product chemistry data requirements table. (1) The process of mixing, blending, or dilution of one or more active ingredients with one or more other active or inert ingredients, without an intended chemical reaction, to obtain a manufacturing-use product or an end-use product, or (2) The repackaging of any registered product. (1) Any impurity present in the technical grade of active ingredient; and (2) Any impurity which forms in the pesticide product through reactions between the active ingredient and any other component of the product or packaging of the product. (1) Contains any active ingredient derived from a source that is not an EPA-registered product; or (2) Contains any active ingredient that was produced or acquired in a manner that does not permit its inspection by the Agency under FIFRA sec. 9(a) prior to its use in the process. (1) Which contains no inert ingredient, other than one used for puri�cation of the active ingredient; and (2) Which is produced on a commercial or pilot plant production scale (whether or not it is ever held for sale). (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the product chemistry data requirements for a particular pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (f) of the section. (b) Use patterns. Product chemistry data are required for all pesticide products and are not use-speci�c. (c) Test substance. Data requirements that list only the manufacturing-use product as the test substance apply to products containing solely the technical grade of the active ingredient and manufacturing-use products to which other ingredients have been intentionally added. (d) Key. R = Required; CR = Conditionally required; MP = Manufacturing-use product; NR = Not required; EP = End-use product; TGAI = Technical grade of the active ingredient; PAI = Pure active ingredient. 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 25/137 Product Chemistry Data Requirements Product Identity and Composition 830.1550 Product identity and composition R MP EP 1 830.1600 Description of materials used to produce the product R MP EP 2 830.1620 Description of production process R MP EP 3 830.1650 Description of formulation process R MP EP 4 830.1670 Discussion of formulation of impurities R MP, and possibly TGAI EP, and possibly TGAI 5 830.1700 Preliminary analysis CR MP, and possibly TGAI EP, and possibly TGAI 6, 9, 10 830.1750 Certi�ed limits R MP EP 7 830.1800 Enforcement analytical method R MP EP 8 830.1900 Submittal of samples CR MP, PAI and TGAI EP, PAI, TGAI 9, 11 Physical and Chemical Properties 830.6302 Color R MP and TGAI EP 9 830.6303 Physical state R MP and TGAI EP and TGAI 9 830.6304 Odor R MP and TGAI EP 9 830.6313 Stability to normal and elevated temperatures, metals, and metal ions R MP and TGAI EP 9, 12, 26 830.6314 Oxidation/reduction: chemical incompatibility CR MP EP 13 (e) Table. The following table shows the data requirements for product chemistry. The table notes are shown in paragraph (f) of this section. Guideline Number Data Requirement Use Pattern Test substance to support Test Note No.All MP EP https://www.ecfr.gov/current/title-40/section-158.310#p-158.310(f) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 26/137 830.6315 Flammability CR MP EP 14 830.6316 Explodability CR MP EP 15 830.6317 Storage stability R MP EP 830.6319 Miscibility CR MP EP 16 830.6320 Corrosion characteristics R MP EP 830.6321 Dielectric breakdown voltage CR NR EP 17 830.7000 pH CR MP and TGAI EP and TGAI 9, 18 830.7050 UV/visible light absorption R TGAI or PAI NR 830.7100 Viscosity CR MP EP 19 830.7200 Melting point/melting range R TGAI or PAI TGAI or PAI 9, 20 830.7220 Boiling point/boiling range R TGAI or PAI TGAI or PA 9, 21 830.7300 Density/relative density/bulk density R MP and TGAI EP and TGAI 9 830.7370 Dissociation constants in water R TGAI or PAI TGAI or PAI 9, 22 830.7520 Particle size, �ber length, and diameter distribution CR TGAI or PAI EP 23 830.7550 830.7560 830.7570 Partition coe�cient (n octanol/water) R TGAI or PAI TGAI or PAI 24 830.7840 830.7860 Water solubility R TGAI or PAI TGAI or PAI 9 830.7950 Vapor pressure R TGAI or PAI TGAI or PAI 9, 25 (f) Test notes. The following test notes are applicable to the product chemistry data requirements in the table to paragraph (e) of this section: Guideline Number Data Requirement Use Pattern Test substance to support Test Note No.All MP EP https://www.ecfr.gov/current/title-40/section-158.310#p-158.310(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 27/137 1. Data must be provided in accordance with § 158.320. 2. Data must be provided in accordance with § 158.325. 3. Data must be provided in accordance with § 158.330. 4. Data must be provided in accordance with § 158.335. 5. Data must be provided in accordance with § 158.340. 6. Data must be provided in accordance with § 158.345. 7. Data must be provided in accordance with § 158.350. 8. Data must be provided in accordance with § 158.355. 9. If the TGAI cannot be isolated, data are required on the practical equivalent of the TGAI. 10. Data are required if the product is produced by an integrated system. 11. Basic manufacturers are required to provide the Agency with a sample of each TGAI used to formulate a product produced by an integrated system when the new TGAI is �rst used as a formulating ingredient in products registered under FIFRA. A sample of the active ingredient (PAI) suitable for use as an analytical standard is also required at this time. Samples of end-use products produced by an integrated system must be submitted on a case-by-case basis. 12. Data on the stability to metals and metal ions are required only if the TGAI is expected to come into contact with either material. 13. Required when the product contains an oxidizing or reducing agent. 14. Required when the product contains combustible liquids. 15. Required when the product is potentially explosive. 16. Required when the product is an emulsi�able liquid and is to be diluted with petroleum solvent. 17. Required when the EP is a liquid and is to be used around electrical equipment. 18. Required when the test substance is soluble or dispersible in water. 19. Required when the product is a liquid. 20. Required when the TGAI is solid at room temperature. 21. Required when the TGAI is liquid at room temperature. 22. Required when the test substance contains an acid or base functionality (organic or inorganic) or an alcoholic functionality (organic). 23. Required for water insoluble test substances (>10 g/l) and �brous test substances with diameter of ≥0.1 µm. 24. Required if technical chemical is organic and non-polar. 25. Not required for salts. −6 https://www.ecfr.gov/current/title-40/section-158.320 https://www.ecfr.gov/current/title-40/section-158.325 https://www.ecfr.gov/current/title-40/section-158.330 https://www.ecfr.gov/current/title-40/section-158.335 https://www.ecfr.gov/current/title-40/section-158.340 https://www.ecfr.gov/current/title-40/section-158.345 https://www.ecfr.gov/current/title-40/section-158.350 https://www.ecfr.gov/current/title-40/section-158.355 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 28/137 26. Data on stability of the MP and TGAI to storage at normal temperatures are required. Data on the stability of the TGAI to high temperatures are required if the TGAI is expected to be subjected to temperatures >50 °C (122 °F) during production or storage. § 158.320 Product identity and composition. Information on the composition of the pesticide product must be furnished. The information required by paragraphs (a), (b), and (f) of this section must be provided for each product. In addition, if the product is produced by an integrated system, the information on impurities required by paragraphs (c) and (d) of this section must be provided. (a) Active ingredient. The following information is required for each active ingredient in the product: (1) If the source of any active ingredient in the product is an EPA-registered product: (i) The chemical and common name (if any) of the active ingredient, as listed on the source product. (ii) The nominal concentration of the active ingredient in the product, based upon the nominal concentration of active ingredient in the source product. (iii) Upper and lower certi�ed limits of the active ingredient in the product, in accordance with § 158.350. (2) If the source of any active ingredient in the product is not an EPA-registered product: (i) The chemical name according to Chemical Abstracts Society (CAS) nomenclature, the CAS Registry Number, and any common names. (ii) The molecular, structural, and empirical formulae and the molecular weight or weight range. (iii) The nominal concentration. (iv) Upper and lower certi�ed limits of the active ingredient in accordance with § 158.350. (v) The purpose of the ingredient in the formulation. (b) Inert ingredients. The following information is required for each inert ingredient (if any) in the product: (1) The chemical name of the ingredient according to Chemical Abstracts Society nomenclature, the CAS Registry Number, and any common names (if known). If the chemical identity or chemical composition of an ingredient is not known to the applicant because it is proprietary or trade secret information, the applicant must ensure that the supplier or producer of the ingredient submits to the Agency (or has on �le with the Agency) information on the identity or chemical composition of the ingredient. Generally, it is not required that an applicant know the identity of each ingredient in a mixture that he uses in his product. However, in certain circumstances, the Agency may require that the applicant know the identity of a speci�c ingredient in such a mixture. If the Agency requires speci�c knowledge of an ingredient, it will notify the applicant in writing. (2) The nominal concentration. (3) Upper and lower certi�ed limits in accordance with § 158.350. (4) The purpose of the ingredient in the formulation. (c) Impurities of toxicological signi�cance associated with the active ingredient. For each impurity associated with the active ingredient that is determined by EPA to be toxicologically signi�cant, the following information is required: (1) Identi�cation of the ingredient as an impurity. (2) The chemical name of the impurity. (3) The nominal concentration of the impurity in the product. https://www.ecfr.gov/current/title-40/section-158.320#p-158.320(a) https://www.ecfr.gov/current/title-40/section-158.320#p-158.320(b) https://www.ecfr.gov/current/title-40/section-158.320#p-158.320(f) https://www.ecfr.gov/current/title-40/section-158.320#p-158.320(c) https://www.ecfr.gov/current/title-40/section-158.320#p-158.320(d) https://www.ecfr.gov/current/title-40/section-158.350 https://www.ecfr.gov/current/title-40/section-158.350 https://www.ecfr.gov/current/title-40/section-158.350 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 29/137 § 158.325 Description of materials used to produce the product. The following information must be submitted on the materials used to produce the product: (4) A certi�ed upper limit, in accordance with § 158.350. (d) Other impurities associated with the active ingredient. For each other impurity associated with an active ingredient that was found to be present in any sample at a level ≥0.1 percent by weight of the technical grade active ingredient the following information is required: (1) Identi�cation of the ingredient as an impurity. (2) The chemical name of the impurity. (3) The nominal concentration of the impurity in the �nal product. (e) Impurities associated with an inert ingredient. [Reserved] (f) Ingredients that cannot be characterized. If the identity of any ingredient or impurity cannot be speci�ed as a discrete chemical substance (such as mixtures that cannot be characterized or isomer mixtures), the applicant must provide su�cient information to enable EPA to identify its source and qualitative composition. (a) Products not produced by an integrated system. (1) For each active ingredient that is derived from an EPA-registered product: (i) The name of the EPA-registered product. (ii) The EPA registration number of that product. (2) For each inert ingredient: (i) Each brand name, trade name, common name, or other commercial designation of the ingredient. (ii) All information that the applicant knows (or that is reasonably available to him) concerning the composition (and, if requested by the Agency, chemical and physical properties) of the ingredient, including a copy of technical speci�cations, data sheets, or other documents describing the ingredient. (iii) If requested by the Agency, the name and address of the producer of the ingredient or, if that information is not known to the applicant, the name and address of the supplier of the ingredient. (b) Products produced by an integrated system. (1) The information required by paragraph (a)(1) of this section concerning each active ingredient that is derived from an EPA-registered product (if any). (2) The following information concerning each active ingredient that is not derived from an EPA registered product: (i) The name and address of the producer of the ingredient (if different from the applicant). (ii) Information about each starting material used to produce the active ingredient, as follows: (A) Each brand name, trade name, or other commercial designation of the starting material. (B) The name and address of the person who produces the starting material or, if that information is not known to the applicant, the name and address of each person who supplies the starting material. https://www.ecfr.gov/current/title-40/section-158.350 https://www.ecfr.gov/current/title-40/section-158.325#p-158.325(a)(1) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 30/137 § 158.330 Description of production process. If the product is produced by an integrated system, the applicant must submit information on the production (reaction) processes used to produce the active ingredients in the product. The applicant must also submit information about the formulation process, in accordance with § 158.335. § 158.335 Description of formulation process. The applicant must provide information on the formulation process of the product (unless the product consists solely of a technical grade of active ingredient) as required by the following sections: (C) All information that the applicant knows (or that is reasonably available to him), concerning the composition (and if requested by the Agency, chemical or physical properties) of the starting material, including a copy of all technical speci�cations, data sheets, or other documents describing it. (3) The information required by paragraph (a)(2) of this section concerning each inert ingredient. (c) Additional information. On a case-by-case basis, the Agency may require additional information on substances used in the production of the product. (a) Information must be submitted for the current production process for each active ingredient that is not derived from an EPA-registered product. If the production process is not continuous (a single reaction process from starting materials to active ingredient), but is accomplished in stages or by different producers, the information must be provided for each such production process. (b) The following information must be provided for each process resulting in a separately isolated substance: (1) The name and address of the producer who uses the process, if not the same as the applicant. (2) A general characterization of the process (e.g., whether it is a batch or continuous process). (3) A �ow chart of the chemical equations of each intended reaction occurring at each step of the process, and of the duration of each step and of the entire process. (4) The identity of the materials used to produce the product, their relative amounts, and the order in which they are added. (5) A description of the equipment used that may in�uence the composition of the substance produced. (6) A description of the conditions (e.g., temperature, pressure, pH, humidity) that are controlled during each step of the process to affect the composition of the substance produced, and the limits that are maintained. (7) A description of any puri�cation procedures (including procedures to recover or recycle starting materials, intermediates or the substance produced). (8) A description of the procedures used to assure consistent composition of the substance produced, e.g., calibration of equipment, sampling regimens, analytical methods, and other quality control methods. (a) Section 158.330(b)(2), pertaining to characterization of the process. (b) Section 158.330(b)(4), pertaining to ingredients used in the process. (c) Section 158.330(b)(5), pertaining to process equipment. (d) Section 158.330(b)(6), pertaining to the conditions of the process. (e) Section 158.330(b)(8), pertaining to quality control measures. https://www.ecfr.gov/current/title-40/section-158.335 https://www.ecfr.gov/current/title-40/section-158.325#p-158.325(a)(2) https://www.ecfr.gov/current/title-40/section-158.330#p-158.330(b)(2) https://www.ecfr.gov/current/title-40/section-158.330#p-158.330(b)(4) https://www.ecfr.gov/current/title-40/section-158.330#p-158.330(b)(5) https://www.ecfr.gov/current/title-40/section-158.330#p-158.330(b)(6) https://www.ecfr.gov/current/title-40/section-158.330#p-158.330(b)(8) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 31/137 § 158.340 Discussion of formation of impurities. The applicant must provide a discussion of the impurities that may be present in the product, and why they may be present. The discussion should be based on established chemical theory and on what the applicant knows about the starting materials, technical grade of active ingredient, inert ingredients, and production or formulation process. If the applicant has reason to believe that an impurity that EPA would consider toxicologically signi�cant may be present, the discussion must include an expanded discussion of the possible formation of the impurity and the amounts at which it might be present. The impurities which must also be discussed are the following, as applicable: (a) Technical grade active ingredients and products produced by an integrated system. (1) Each impurity associated with the active ingredient which was found to be present in any analysis of the product conducted by or for the applicant. (2) Each other impurity which the registrant or applicant has reason to believe may be present in his product at any time before use at a level ≥0.1 percent (1,000 ppm) by weight of the technical grade of the active ingredient, based on what he knows about the following: (i) The composition (or composition range) of each starting material used to produce his product. (ii) The impurities which the applicant knows are present (or believes are likely to be present) in the starting materials, and the known or presumed level (or range of levels) of these impurities. (iii) The intended reactions and side reactions which may occur in the production of the product, and the relative amounts of byproduct impurities produced by such reactions. (iv) The possible degradation of the ingredients in the product after its production but prior to its use. (v) Post-production reactions between the ingredients in the product. (vi) The possible migration of components of packaging materials into the pesticide. (vii) The possible carryover of contaminants from use of production equipment previously used to produce other products or substances. (viii) The process control, puri�cation and quality control measures used to produce the product. (b) Products not produced by an integrated system. Each impurity associated with the active ingredient which the applicant has reason to believe may be present in the product at any time before use at a level ≥0.1 percent (1,000 ppm) by weight of the product based on what he knows about the following: (1) The possible carryover of impurities present in any registered product which serves as the source of any of the product's active ingredients. The identity and level of impurities in the registered source need not be discussed or quanti�ed unless known to the formulator. (2) The possible carryover of impurities present in the inert ingredients in the product. (3) Possible reactions occurring during the formulation of the product between any of its active ingredients, between the active ingredients and inert ingredients, or between the active ingredient and the production equipment. (4) Post-production reactions between any of the product's active ingredients and any other component of the product or its packaging. (5) Possible migration of packaging materials into the product. (6) Possible contaminants resulting from earlier use of equipment to produce other products. (c) Expanded discussion. On a case-by-case basis, the Agency may require an expanded discussion of information on impurities: (1) From other possible chemical reactions. 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 32/137 § 158.345 Preliminary analysis. § 158.350 Certi�ied limits. The applicant must propose certi�ed limits for the ingredients in the product. Certi�ed limits become legally binding limits upon approval of the application. Certi�ed limits will apply to the product from the date of production to date of use. If the product label bears a statement prohibiting use after a certain date, the certi�ed limits will apply only until that date. Standard Certi�ed Limits N ≤1.0% N + 10%N N - 10%N 1.0% ≤N ≤20.0% N + 5%N N - 5%N 20.0% ≤N ≤100.0% N + 3%N N - 3%N (2) Involving other ingredients. (3) At additional points in the production or formulation process. (a) If the product is produced by an integrated system, the applicant must provide a preliminary analysis of each technical grade of active ingredient contained in the product to identify all impurities present at 0. 1 percent or greater of the technical grade of the active ingredient. The preliminary analysis should be conducted at the point in the production process after which no further chemical reactions designed to produce or purify the substances are intended. (b) Based on the preliminary analysis, a statement of the composition of the technical grade of the active ingredient must be provided. If the technical grade of the active ingredient cannot be isolated, a statement of the composition of the practical equivalent of the technical grade of the active ingredient must be submitted. (a) Ingredients for which certi�ed limits are required. Certi�ed limits are required on the following ingredients of a pesticide product: (1) An upper and lower limit for each active ingredient. (2) An upper and lower limit for each inert ingredient. (3) If the product is a technical grade of active ingredient or is produced by an integrated system, an upper limit for each impurity of toxicological signi�cance associated with the active ingredient and found to be present in any sample of the product. (4) On a case-by-case basis, certi�ed limits for other ingredients or impurities as speci�ed by EPA. (b) EPA determination of standard certi�ed limits for active and inert ingredients. (1) Unless the applicant proposes different limits as provided in paragraph (c) of this section, the upper and lower certi�ed limits for active and inert ingredients will be determined by EPA. EPA will calculate the certi�ed limits on the basis of the nominal concentration of the ingredient in the product, according to the table in paragraph (b)(2) of this section. (2) Table of standard certi�ed limits. If the nominal concentration (N) for the ingredient and percentage by weight for the ingredient is: The certi�ed limits for that ingredient will be as follows: Upper Limit Lower Limit https://www.ecfr.gov/current/title-40/section-158.350#p-158.350(c) https://www.ecfr.gov/current/title-40/section-158.350#p-158.350(b)(2) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 33/137 I hereby certify that, for purposes of FIFRA sec. 12(a)(1)(C), the description of the composition of [insert product name], EPA Reg. No. [insert registration number], refers to the composition set forth on the Statement of Formula and supporting materials. This description includes the representations that: (1) no ingredient will be present in the product in an amount greater than the upper certi�ed limit or in an amount less than the lower certi�ed limit (if required) speci�ed for that ingredient in a currently approved Statement of Formula (or as calculated by the Agency); and (2) if the Agency requires that the source of supply of an ingredient be speci�ed, that all quantities of such ingredient will be obtained from the source speci�ed in the Statement of Formula. § 158.355 Enforcement analytical method. An analytical method suitable for enforcement purposes must be provided for each active ingredient in the product and for each other ingredient or impurity that the Agency determines to be toxicologically signi�cant. Subpart E - Product Performance § 158.400 Product performance data requirements table. (c) Applicant proposed limits. (1) The applicant may propose a certi�ed limit for an active or inert ingredient that differs from the standard certi�ed limit calculated according to paragraph (b)(2) of this section. (2) If certi�ed limits are required for impurities, the applicants must propose a certi�ed limit. The standard certi�ed limits may not be used for such substances. (3) Certi�ed limits should: (i) Be based on a consideration of the variability of the concentration of the ingredient in the product when good manufacturing practices and normal quality control procedures are used. (ii) Allow for all sources of variability likely to be encountered in the production process. (iii) Take into account the stability of the ingredient in the product and the possible formation of impurities between production and sale or distribution. (4) The applicant may include an explanation of the basis of his proposed certi�ed limits, including how the certi�ed limits were arrived at (e.g., sample analysis, quantitative estimate based on production process), and its accuracy and precision. This will be particularly useful if the range of the certi�ed limit for an active or inert ingredient is greater than the standard certi�ed limits. (d) Special cases. If the Agency �nds unacceptable any certi�ed limit (either standard, or applicant proposed), the Agency will inform the registrant or applicant of its determination and will provide supporting reasons. The Agency may also recommend alternative limits to the applicant. The Agency may require, on a case-by-case basis, any or all of the following: (1) More precise limits. (2) More thorough explanation of how the certi�ed limits were determined. (3) A narrower range between the upper and lower certi�ed limits than that proposed. (e) Certi�cation statement. The applicant must certify the accuracy of the information presented, and that the certi�ed limits of the ingredients will be maintained. The following statement, signed by the authorized representative of the company, is acceptable: (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the product performance data requirements for a particular pesticide product. Notes that apply to an individual test, including speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. https://www.ecfr.gov/current/title-40/section-158.350#p-158.350(b)(2) https://www.ecfr.gov/current/title-40/section-158.400#p-158.400(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 34/137 Table - Product Performance Data Requirements (b) Use patterns. The terrestrial use pattern includes products classi�ed under the general use patterns of terrestrial food crop and terrestrial nonfood crop. The aquatic use pattern includes products classi�ed under the general use patterns of aquatic food crop and aquatic nonfood. The greenhouse use pattern includes products classi�ed under the general use patterns of greenhouse food crop and greenhouse nonfood crop. Data are also required for the general use patterns of forestry use, residential outdoor use, and indoor use, which includes both food and nonfood uses. (c) Key. CR = Conditionally required; NR = Not required; R = Required; EP = End-use product; MP = Manufacturing-use product; TEP = Typical end-use product. (d) Table. The following table lists the data requirements that pertain to product performance. The table notes are shown in paragraph (e) of this section. 810.2700 Products with prion related claims NR NR NR NR NR NR NR E�cacy of fungicides and nematicides 93-16 Products for control of organisms producing mycotoxins CR NR CR NR CR NR NR E�cacy of vertebrate control agents 96-5 Avian toxicants R R NR NR NR NR NR 96-6 Avian repellents R R NR NR NR NR NR 96-7 Avian frightening agents R R NR NR NR NR NR 96-9 Bat toxicants and repellents NR NR NR NR NR NR NR Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Greenhouse ForestryFood Crop Nonfood Crop Food Nonfood Food Crop Nonfood Crop 810.2700 Products with prion related claims NR NR NR NR NR NR NR E�cacy of fungicides and nematicides 93-16 Products for control of organisms producing mycotoxins CR NR CR NR CR NR NR E�cacy of vertebrate control agents 96-5 Avian toxicants R R NR NR NR NR NR 96-6 Avian repellents R R NR NR NR NR NR 96-7 Avian frightening agents R R NR NR NR NR NR 96-9 Bat toxicants and repellents NR NR NR NR NR NR NR Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Greenhouse ForestryFood Crop Nonfood Crop Food Nonfood Food Crop Nonfood Crop https://www.ecfr.gov/current/title-40/section-158.400#p-158.400(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 35/137 1. The Agency has waived the requirement to submit product performance data unless the pesticide product bears a claim to control pest microorganisms that pose a threat to human health and whose presence cannot readily be observed by the user including, but not limited to, microorganisms infectious to man in any area of the inanimate environment, or a claim to control vertebrates (such as rodents, birds, bats, canids, and skunks) that may directly or indirectly transmit diseases to humans. However each registrant must ensure through testing that his product is e�cacious when used in accordance with label directions and commonly accepted pest control practices. The Agency reserves the right to require, on a case-by-case basis, submission of product performance data for any pesticide product registered or proposed for registration. 2. [Reserved] [72 FR 60957, Oct. 26, 2007, as amended at 78 FR 13507, Feb. 28, 2013; 78 FR 26978, May 8, 2013] Subpart F - Toxicology § 158.500 Toxicology data requirements table. 96-10 Commensal rodenticides R R NR NR NR NR NR 96-12 Rodenticides on farm and rangelands R R NR NR NR NR NR 95-13 Rodent fumigants R R NR NR NR NR NR 95-16 Rodent reproductive inhibitors R R NR NR NR NR NR 95-17 Mammalian predacides R R NR NR NR NR NR Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Greenhouse ForestryFood Crop Nonfood Crop Food Nonfood Food Crop Nonfood Crop 96-10 Commensal rodenticides R R NR NR NR NR NR 96-12 Rodenticides on farm and rangelands R R NR NR NR NR NR 95-13 Rodent fumigants R R NR NR NR NR NR 95-16 Rodent reproductive inhibitors R R NR NR NR NR NR 95-17 Mammalian predacides R R NR NR NR NR NR Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Greenhouse ForestryFood Crop Nonfood Crop Food Nonfood Food Crop Nonfood Crop (e) Test notes. The following notes appy to the data requirements table in paragraph (d) of this section. (a) General. Sections 158.100 through 158.130 describe how to use the data table in paragraph (d) of this section to determine the toxicology data requirements for a particular pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test in the table are listed in paragraph (e) of this section. (b) Use patterns. https://www.federalregister.gov/citation/72-FR-60957 https://www.federalregister.gov/citation/78-FR-13507 https://www.federalregister.gov/citation/78-FR-26978 https://www.ecfr.gov/current/title-40/section-158.400#p-158.400(d) https://www.ecfr.gov/current/title-40/section-158.500#p-158.500(d) https://www.ecfr.gov/current/title-40/section-158.500#p-158.500(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 36/137 Table - Toxicology Data Requirements Acute Testing 870.1100 Acute oral toxicity - rat R R TGAI and MP TGAI, EP, and possibly diluted EP 1, 2 870.1200 Acute dermal toxicity R R TGAI and MP TGAI, EP 1, 2, 3 870.1300 Acute inhalation toxicity - rat R R TGAI and MP TGAI and EP 4 870.2400 Primary eye irritation - rabbit R R TGAI and MP TGAI and EP 3 870.2500 Primary dermal irritation R R TGAI and MP TGAI and EP 1, 3 870.2600 Dermal sensitization R R TGAI and MP TGAI and EP 3, 5 870.6100 Delayed neurotoxicity (acute) hen CR CR TGAI TGAI 6 870.6200 Acute neurotoxicity - rat R R TGAI TGAI 7 (1) Food use patterns include products classi�ed under the general use patterns of terrestrial food crop use, terrestrial feed crop use, aquatic food crop use, greenhouse food crop use, and indoor food use. (2) Nonfood use patterns include products classi�ed under the general use patterns of terrestrial nonfood crop use, aquatic nonfood use, greenhouse nonfood crop use, forestry use, residential outdoor use, and indoor nonfood use. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TGAI = Technical grade of the active ingredient; PAI = Pure active ingredient; PAIRA = Pure active ingredient radio-labeled; Choice = Choice of several test substances depending on study required. (d) Table. The following table lists the toxicology data requirements. The table notes are shown in paragraph (e) of this section. Guideline Number Data Requirements Use Pattern Test substance to support Test Note No.Food Nonfood MP EP https://www.ecfr.gov/current/title-40/section-158.500#p-158.500(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 37/137 Subchronic Testing 870.3100 90-day Oral - rodent R CR TGAI TGAI 8, 9 870.3150 90-day Oral - non-rodent R CR TGAI TGAI 36 870.3200 21/28-day Dermal R NR TGAI TGAI and EP 10, 11 870.3250 90-day Dermal CR R TGAI TGAI and EP 11, 12 870.3465 90-day Inhalation - rat CR CR TGAI TGAI 13, 14 870.6100 28-day Delayed neurotoxicity hen CR CR TGAI TGAI 6, 15 870.6200 90-day Neurotoxicity - rat R R TGAI TGAI 7, 16 Chronic Testing 870.4100 Chronic oral - rodent R CR TGAI TGAI 17, 18, 19 870.4200 Carcinogenicity - two rodent species - rat and mouse preferred R CR TGAI TGAI 9, 17, 18, 19, 20, 21 Developmental Toxicity and Reproduction 870.3700 Prenatal Developmental toxicity rat and rabbit, preferred R R TGAI TGAI 22, 23, 24, 25, 26 870.3800 Reproduction and fertility effects R R TGAI TGAI 26, 27, 29 870.6300 Developmental neurotoxicity CR CR TGAI TGAI 27, 28, 29 Guideline Number Data Requirements Use Pattern Test substance to support Test Note No.Food Nonfood MP EP 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 38/137 Mutagenicity Testing 870.5100 Bacterial reverse mutation assay R R TGAI TGAI 30 870.5300 870.5375 In vitro mammalian cell assay R R TGAI TGAI 30, 31 870.5385 870.5395 In vivo cytogenetics R R TGAI TGAI 30, 32 Special Testing 870.7485 Metabolism and pharmacokinetics R CR PAI or PAIRA PAI or PAIRA 33 870.7200 Companion animal safety CR CR NR TGAI or EP 34 870.7600 Dermal penetration CR CR Choice Choice 35 870.7800 Immunotoxicity R R TGAI TGAI 1. Not required if test material is a gas or a highly volatile liquid. 2. Diluted EP testing is required to support the end product registration if results using the EP meet the criteria for restricted use classi�cation under § 152.170(b) or special review consideration under § 154.7(a)(1). 3. Not required if the test material is corrosive to skin or has a pH of less than 2 or greater than 11.5. 4. Required if the product consists of, or under conditions of use will result in, a respirable material (e.g., gas, vapor, aerosol, or particulate). 5. Required if repeated dermal exposure is likely to occur under conditions of use. 6. Required if the test material is an organophosphorus substance, which includes uncharged organophosphorus esters; thioesters or anhydrides of organophosphoric, organophosphonic, or organophosphoramidic acids; or of related phosphorothioic, phosponothioic, or phosphorothioamidic acids; or is structurally related to other substances that may cause the delayed neurotoxicity sometimes seen in this class of chemicals. 7. As determined by the Agency, additional measurements may also be required, such as cholinesterase activity for certain pesticides, e.g., organophosphates and some carbamates. The route of exposure must correspond with the primary route of exposure. 8. Required for nonfood use pesticides if oral exposure could occur. (e) Test notes. The following test notes apply to the requirements in the table to paragraph (d) of this section: Guideline Number Data Requirements Use Pattern Test substance to support Test Note No.Food Nonfood MP EP https://www.ecfr.gov/current/title-40/section-152.170#p-152.170(b) https://www.ecfr.gov/current/title-40/section-154.7#p-154.7(a)(1) https://www.ecfr.gov/current/title-40/section-158.500#p-158.500(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 39/137 9. The 90-day study is required in the rat for hazard characterization (possibly endpoint selection) and dose setting for the chronic/carcinogenicity study. It is not required in the mouse, but the Agency would strongly encourage the registrant to conduct a 90-day range �nding for the purposes of dose selection for the mouse carcinogenicity study to achieve adequate dosing and an acceptable study. The registrant is also encouraged to consult with the Agency on the results of the 90-day mouse study prior to conducting the carcinogenicity study. 10. Required for agricultural uses or if repeated human dermal exposure may occur. Not required if an acceptable 90-day dermal toxicity study is performed and submitted. 11. EP testing is required if the product, or any component of it, may increase dermal absorption of the active ingredient(s) as determined by testing using the TGAI, or increase toxic or pharmacologic effects. 12. Required for food uses if either of the following criteria is met: (i) The use pattern is such that the dermal route would be the primary route of exposure; or (ii) The active ingredient is known or expected to be metabolized differently by the dermal route of exposure than by the oral route, and a metabolite is the toxic moiety. 13. Required if there is the likelihood of signi�cant repeated inhalation exposure to the pesticide as a gas, vapor, or aerosol. 14. Based on estimates of the magnitude and duration of human exposure, studies of shorter duration, e.g., 21 or 28-days, may be su�cient to satisfy this requirement. Registrants should consult with the Agency to determine whether studies of shorter duration would meet this requirement. 15. Required if results of acute neurotoxicity study indicate signi�cant statistical or biological effects, or if other available data indicate the potential for this type of delayed neurotoxicity, as determined by the Agency. 16. All 90-day subchronic studies in rats can be designed to simultaneously ful�ll the requirements of the 90 day neurotoxicity study using separate groups of animals for testing. Although the subchronic guidelines include the measurement of neurological endpoints, they do not meet the requirement of the 90-day neurotoxicity study. 17. Required if either of the following are met: (i) The use of the pesticide is likely to result in repeated human exposure over a considerable portion of the human lifespan, as determined by the Agency; (ii) The use requires a tolerance or an exemption from the requirement of a tolerance. 18. Based on the results of the acute and subchronic neurotoxicity studies, or other available data, a combined chronic toxicity and neurotoxicity study may be required. 19. Studies which are designed to simultaneously ful�ll the requirements of both the chronic oral and carcinogenicity studies (i.e., a combined study) may be conducted. Minimum acceptable study durations are: (i) Chronic rodent feeding study (food use) - 24 months. (ii) Chronic rodent feeding study (nonfood use) - 12 months. (iii) Mouse carcinogenicity study - 18 months. (iv) Rat carcinogenicity study - 24 months. 20. Required if any of the following, as determined by the Agency, are met: 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 40/137 (i) The use of the pesticide is likely to result in signi�cant human exposure over a considerable portion of the human life span which is signi�cant in terms of either frequency, duration, or magnitude of exposure; (ii) The use requires a tolerance or an exemption from the requirement of a tolerance; or (iii) The active ingredient, metabolite, degradate, or impurity (a) is structurally related to a recognized carcinogen, (b) causes mutagenic effects as demonstrated by in vitro or in vivo testing, or (c) produces a morphologic effect in any organ (e.g., hyperplasia, metaplasia) in subchronic studies that may lead to a neoplastic change. 21. If this study is modi�ed or waived, a subchronic 90-day oral study conducted in the same species may be required. 22. Testing in two species is required for all uses. 23. The oral route, by oral intubation, is preferred unless the chemical or physical properties of the test substance or the pattern of exposure suggests a more appropriate route of exposure. 24. Additional testing by other routes may be required if the pesticide is determined to be a prenatal developmental toxicant after oral dosing. 25. May be combined with the 2-generation reproduction study in rodents by utilizing a second mating of the parental animals in either generation. 26. Required to support products intended for food uses and to support products intended for nonfood uses if use of the product is likely to result in signi�cant human exposure over a portion of the human life span in terms of frequency, magnitude or duration of exposure. 27. An information-based approach to testing is preferred, which utilizes the best available knowledge on the chemical (hazard, pharmacokinetic, or mechanistic data) to determine whether a standard guideline study, an enhanced guideline study, or an alternative study should be conducted to assess potential hazard to the developing animal, or in some cases to support a waiver for such testing. Registrants should submit any alternative proposed testing protocols and supporting scienti�c rationale to the Agency prior to study initiation. 28. Study required using a weight-of-evidence approach considering: (i) The pesticide causes treatment-related neurological effects in adult animal studies (i.e., clinical signs of neurotoxicity, neuropathology, functional or behavioral effects). (ii) The pesticide causes treatment-related neurological effects in developing animals, following pre- and postnatal exposure (i.e., nervous system malformations or neuropathy, brain weight changes in offspring, functional or behavioral changes in the offspring). (iii) The pesticide elicits a causative association between exposures and adverse neurological effects in human epidemiological studies. (iv) The pesticide evokes a mechanism that is associated with adverse effects on the development of the nervous system (e.g., SAR relationship to known neurotoxicants, altered neuroreceptor or neurotransmitter responses). 29. The use of a combined study that utilizes the 2-generation reproduction study in rodents as a basic protocol for the addition of other endpoints or functional assessments in the immature animal is encouraged. 30. At a minimum, an initial battery of mutagenicity tests with possible con�rmatory testing is required. Other relevant mutagenicity tests that may have been performed, plus a complete reference list must also be submitted. 31. Choice of assay using either: 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 41/137 (i) Mouse lymphoma L5178Y cells, thymidine kinase (tk) gene locus, maximizing assay conditions for small colony expression or detection; (ii) Chinese hamster ovary (CHO) or Chinese hamster lung �broblast (V79) cells, hypoxanthine-guanine phosphoribosyl transferase (hgprt) gene locus, accompanied by an appropriate in vitro test for clastogenicity; or (iii) CHO cells strains AS52, xanthine-guanine phosphoribosyl transferase (xprt) gene locus. 32. The micronucleus rodent bone marrow assay is preferred; however, rodent bone marrow assays using metaphase analysis (aberrations) are acceptable. 33. Required when chronic or carcinogenicity studies are required. May be required if signi�cant adverse effects are seen in available toxicology studies and these effects can be further elucidated by metabolism studies. 34. May be required if the product's use will result in exposure to domestic animals through, but not limited to, direct application. 35. A risk assessment assuming that dermal absorption is equal to oral absorption must be performed to determine if the study is required, and to identify the doses and duration of exposure for which dermal absorption is to be quanti�ed. 36. A 1-year non-rodent study (i.e., 1-year dog study) would be required if the Agency �nds that a pesticide chemical is highly bioaccumulating and is eliminated so slowly that it does not achieve steady state or su�cient tissue concentrations to elicit an effect during a 90-day study. EPA would require the appropriate tier II metabolism and pharmacokinetic studies to evaluate more precisely bioavailability, half-life, and steady state to determine if a longer duration dog toxicity study is needed. § 158.510 Tiered testing options for nonfood pesticides. For nonfood use pesticides only, applicants have two options for generating and submitting required toxicology (§ 158.500) and human exposure (§ 158.1020, § 158.1070, and § 158.1410) studies. Applicants are to select one of the following: (a) Acute, subchronic, chronic, and other toxicological studies on the active ingredient must be submitted together. The speci�c makeup of the set of toxicology study requirements is based on the anticipated exposure to the pesticide as determined by the Agency. If hazards are identi�ed based upon review of these studies, speci�c exposure data will be required to evaluate risk. (b) Certain toxicological and exposure studies must be submitted simultaneously with the toxicology data submitted in a tiered system. Exposure data must be submitted along with �rst tier toxicology data. The requirement for additional second and third level toxicology testing will be determined by the Agency based on the results of the �rst tiered studies. (1) The required �rst-tier toxicology studies consist of: (i) Battery of acute studies. (ii) A subchronic 90-day dermal study or a subchronic 90-day inhalation study. (iii) An acute and subchronic neurotoxicity screening battery in the rat. (iv) Prenatal developmental toxicity studies in both the rat and rabbit. (v) Reproduction and fertility studies in rats. (vi) Battery of mutagenicity studies. (vii) Immunotoxicity study. https://www.ecfr.gov/current/title-40/section-158.500 https://www.ecfr.gov/current/title-40/section-158.1020 https://www.ecfr.gov/current/title-40/section-158.1070 https://www.ecfr.gov/current/title-40/section-158.1410 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 42/137 Subpart G - Ecological E�ects § 158.630 Terrestrial and aquatic nontarget organisms data requirements table. Terrestrial and Aquatic Nontarget Organism Data Requirements (2) The conditionally required second-tier studies include: (i) Subchronic 90-day feeding studies in both the rodent and nonrodent. (ii) Dermal penetration study. (3) The conditionally required third-tier studies include: (i) Chronic feeding studies in the rodent. (ii) Carcinogenicity. (iii) Metabolism study. (iv) Additional mutagenicity testing. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the terrestrial and aquatic nontarget data requirements for a particular pesticide product. Notes that apply to an individual test including speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. (1) The terrestrial use pattern includes products classi�ed under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood crop. The aquatic use pattern includes products classi�ed under the general use patterns of aquatic food crop and aquatic nonfood use patterns. The greenhouse use pattern includes products classi�ed under the general use patterns of greenhouse food crop and greenhouse nonfood crop. The indoor use pattern includes products classi�ed under the general use patterns of indoor food and indoor nonfood use. (2) Data are also required for the general use patterns of forestry and residential outdoor use. (3) In general, for all outdoor end-uses, including turf, the following studies are required: Two avian oral LD , two avian dietary LC , two avian reproduction studies, two freshwater �sh LC , one freshwater invertebrate EC , one honeybee acute contact LD , one freshwater �sh early-life stage, one freshwater invertebrate life cycle, and three estuarine acute LC /EC studies - �sh, mollusk and invertebrate. All other outdoor residential uses, i.e., gardens and ornamental will not usually require the freshwater �sh early-life stage, the freshwater invertebrate life-cycle, and the acute estuarine tests. 50 50 50 50 50 50 50 (c) Key. R = Required; CR = Conditionally required; NR = Not required; TGAI = Technical grade of the active ingredient; TEP = Typical end-use product; PAI = Pure active ingredient; EP = end-use product. Commas between the test substances (i.e., TGAI, TEP) indicate that data may be required on the TGAI or the TEP depending on the conditions set forth in the test note. (d) Table. The following table shows the data requirements for nontarget terrestrial and aquatic organism. The table notes are shown in paragraph (e) of this section. Avian and Mammalian Testing Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse I Avian and Mammalian Testing Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse I https://www.ecfr.gov/current/title-40/section-158.630#p-158.630(e) https://www.ecfr.gov/current/title-40/section-158.630#p-158.630(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 43/137 850.2100 Avian oral toxicity R R R R CR C 850.2200 Avian dietary toxicity R R R R NR N 850.2400 Wild mammal toxicity CR CR CR CR NR N 850.2300 Avian reproduction R R R R NR N 850.2500 Simulated or actual �eld testing CR CR CR CR NR N Aquatic Organisms Testing 850.1075 Freshwater �sh toxicity R R R R CR C 850.1010 Acute toxicity freshwater invertebrates R R R R CR C 850.1025 850.1035 850.1045 850.1055 850.1075 Acute toxicity estuarine and marine organisms R R R R NR N 850.1300 Aquatic invertebrate life cycle (freshwater) R R R R NR N 850.1350 Aquatic invertebrate life cycle (saltwater) CR CR CR CR NR N 850.1400 Fish early-life stage (freshwater) R R R R NR N Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse I 850.2100 Avian oral toxicity R R R R CR C 850.2200 Avian dietary toxicity R R R R NR N 850.2400 Wild mammal toxicity CR CR CR CR NR N 850.2300 Avian reproduction R R R R NR N 850.2500 Simulated or actual �eld testing CR CR CR CR NR N Aquatic Organisms Testing 850.1075 Freshwater �sh toxicity R R R R CR C 850.1010 Acute toxicity freshwater invertebrates R R R R CR C 850.1025 850.1035 850.1045 850.1055 850.1075 Acute toxicity estuarine and marine organisms R R R R NR N 850.1300 Aquatic invertebrate life cycle (freshwater) R R R R NR N 850.1350 Aquatic invertebrate life cycle (saltwater) CR CR CR CR NR N 850.1400 Fish early-life stage (freshwater) R R R R NR N Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse I 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 44/137 850.1400 Fish early-life stage (saltwater) CR CR CR CR NR N 850.1500 Fish life cycle CR CR CR CR NR N 850.1710 850.1730 850.1850 Aquatic organisms bioavailability, biomagni�cation, toxicity CR CR CR CR NR N 850.1950 Simulated or actual �eld testing for aquatic organisms CR CR CR CR NR N Sediment Testing 850.1735 Whole sediment: acute freshwater invertebrates CR CR CR CR NR N 850.1740 Whole sediment: acute marine invertebrates CR CR CR CR NR N Whole sediment: chronic invertebrates freshwater and marine CR CR CR CR NR N Insect Pollinator Testing 850.3020 Honeybee acute contact toxicity R CR R R NR N 850.3030 Honey bee toxicity of residues on foliage CR CR CR CR NR N Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse I 850.1400 Fish early-life stage (saltwater) CR CR CR CR NR N 850.1500 Fish life cycle CR CR CR CR NR N 850.1710 850.1730 850.1850 Aquatic organisms bioavailability, biomagni�cation, toxicity CR CR CR CR NR N 850.1950 Simulated or actual �eld testing for aquatic organisms CR CR CR CR NR N Sediment Testing 850.1735 Whole sediment: acute freshwater invertebrates CR CR CR CR NR N 850.1740 Whole sediment: acute marine invertebrates CR CR CR CR NR N Whole sediment: chronic invertebrates freshwater and marine CR CR CR CR NR N Insect Pollinator Testing 850.3020 Honeybee acute contact toxicity R CR R R NR N 850.3030 Honey bee toxicity of residues on foliage CR CR CR CR NR N Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse I 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 45/137 1. Data using the TGAI are required to support all outdoor end-use product uses including, but not limited to turf. Data are generally not required to support end-use products in the form of a gas, a highly volatile liquid, a highly reactive solid, or a highly corrosive material. 2. For greenhouse and indoor end-use products, data using the TGAI are required to support manufacturing use products to be reformulated into these same end-use products or to support end-use products when there is no registered manufacturing-use product. Avian acute oral data are not required for liquid formulations for greenhouse and indoor uses. The study is not required if there is no potential for environmental exposure. 3. Data are required on one passerine species and either one waterfowl species or one upland game bird species for terrestrial, aquatic, forestry, and residential outdoor uses. Data are preferred on waterfowl or upland game bird species for indoor and greenhouse uses. 4. Data are required on waterfowl and upland game bird species. 5. Tests are required based on the results of lower tier toxicology studies, such as the acute and subacute testing, intended use pattern, and environmental fate characteristics that indicate potential exposure. 6. Higher tier testing may be required for a speci�c use pattern when a re�ned risk assessment indicates a concern based on laboratory toxicity endpoints and re�ned exposure assessments. 7. Environmental chemistry methods used to generate data associated with this study must include results of a successful con�rmatory method trial by an independent laboratory. Test standards and procedures for independent laboratory validation are available as addenda to the guideline for this test requirement. 8. Data are required on one coldwater �sh and one warmwater �sh for terrestrial, aquatic, forestry, and residential outdoor uses. For indoor and greenhouse uses, testing with only one of either �sh species is required. 9. EP or TEP testing is required for any product which meets any of the following conditions: i. The end-use pesticide will be introduced directly into an aquatic environment (e.g., aquatic herbicides and mosquito larvicides) when used as directed. ii. The maximum expected environmental concentration (MEEC) or the estimated environmental concentration (EEC) in the aquatic environment is ≥one-half the LC or EC of the TGAI when the EP is used as directed. iii. An ingredient in the end-use formulation other than the active ingredient is expected to enhance the toxicity of the active ingredient or to cause toxicity to aquatic organisms. 10. Data are required on one freshwater aquatic invertebrate species. 11. Data are required on one estuarine/marine mollusk, one estuarine/marine invertebrate and one estuarine/marine �sh species. 850.3040 Field testing for pollinators CR CR CR CR NR N Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse I 850.3040 Field testing for pollinators CR CR CR CR NR N Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Forestry Residential Outdoor Greenhouse I (e) Test notes. The following test notes apply to terrestrial and aquatic nontarget organisms data requirements in the table to paragraph (d) of this section: 50 50 https://www.ecfr.gov/current/title-40/section-158.630#p-158.630(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 46/137 12. Data are generally not required for outdoor residential uses, other than turf, unless data indicate that pesticide residues from the proposed use(s) can potentially enter waterways. 13. Data are required on one freshwater �sh species. If the test species is different from the two species used for the freshwater �sh acute toxicity tests, a 96-hour LC on that species must also be provided. 14. Data are required on one estuarine/marine invertebrate species. 15. Data are required on estuarine/marine species if the product meets any of the following conditions: i. Intended for direct application to the estuarine or marine environment. ii. Expected to enter this environment in signi�cant concentrations because of its expected use or mobility patterns. iii. If the acute LC or EC <1 milligram/liter (mg/l). iv. If the estimated environmental concentration (EEC) in water is ≥0.01 of the acute EC or LC or if any of the following conditions exist: A. Studies of other organisms indicate the reproductive physiology of �sh and/or invertebrates may be affected. B. Physicochemical properties indicate bioaccumulation of the pesticide. C. The pesticide is persistent in water (e.g., half-life in water >4 days). 16. Data are required on one estuarine/marine �sh species. 17. Data are required on estuarine/marine species if the product is intended for direct application to the estuarine or marine environment, or the product is expected to enter this environment in signi�cant concentrations because of its expected use or mobility patterns. 18. Data are required on freshwater species if the end-use product is intended to be applied directly to water, or is expected to be transported to water from the intended use site, and when any of the following conditions apply: i. If the estimated environmental concentration (EEC) is ≥0.1 of the no-observed-effect level in the �sh early-life stage or invertebrate life cycle test; ii. If studies of other organisms indicate that the reproductive physiology of �sh may be affected. 19. Not required when: i. The octanol/water partition coe�cients of the pesticide and its major degradates are <1,000; or ii. There are no potential exposures to �sh and other nontarget aquatic organisms; or iii. The hydrolytic half-life is <5 days at pH 5, 7 and 9. 20. Data are required based on the results of lower tier studies such as acute and chronic aquatic organism testing, intended use pattern, and environmental fate characteristics that indicate signi�cant potential exposure. 21. Data are required if: i. The half-life of the pesticide in the sediment is ≤10 days in either the aerobic soil or aquatic metabolism studies and if any of the following conditions exist: 50 50 50 50 50 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 47/137 A. The soil partition coe�cient (Kd) is ≥50. B. The log Kow is ≥3. C. The Koc ≥1,000. ii. Registrants must consult with the Agency on appropriate test protocols prior to designing the study. 22. Data are required if: i. The estimated environmental concentration (EEC) in sediment is >0.1 of the acute LC /EC values and ii. The half-life of the pesticide in the sediment is >10 days in either the aerobic soil or aquatic metabolism studies and if any of the following conditions exist: A. The soil partition coe�cient (Kd) is ≥50. B. The log Kow is ≥3. C. The Koc ≥1,000. iii. Registrants must consult with the Agency on appropriate test protocols prior to designing the study. 23. Sediment testing with estuarine/marine test species is required if the product is intended for direct application to the estuarine or marine environment or the product is expected to enter this environment in concentrations which the Agency believes to be signi�cant, either by runoff or erosion, because of its expected use or mobility pattern. 24. Data are required only when the formulation contains one or more active ingredients having an acute LD of <11 micrograms per bee as determined in the honey bee acute contact study and the use pattern(s) indicate(s) that honey bees may be exposed to the pesticide. 25. Required if any of the following conditions are met: i. Data from other sources (Experimental Use Permit program, university research, registrant submittals, etc.) indicate potential adverse effects on colonies, especially effects other than acute mortality (reproductive, behavioral, etc.); ii. Data from residual toxicity studies indicate extended residual toxicity. iii. Data derived from studies with terrestrial arthropods other than bees indicate potential chronic, reproductive or behavioral effects. 26. The freshwater �sh test species for the TEP testing is the most sensitive of the species tested with the TGAI. Freshwater invertebrate and acute estuarine and marine organisms must also be tested with the EP or TEP using the same species tested with the TGAI. § 158.660 Nontarget plant protection data requirements table. 50 50 50 (a) General. Sections 158.100 through158.130 describe how to use this table to determine the nontarget plant data requirements for a particular pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. https://www.ecfr.gov/current/title-40/section-158.660#p-158.660(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 48/137 Table - Nontarget Plant Protection Data Requirements Nontarget Area Phytotoxicity - Tier I 850.4100 Seedling emergence R R R TEP 1, 2, 7 850.4150 Vegetative vigor R R R TEP 1, 2, 3, 7 850.4400 850.5400 Aquatic plant growth (algal and aquatic vascular plant toxicity) R R R TEP or TGAI 1, 2, 7 Nontarget Area Phytotoxicity - Tier II 850.4100 Seedling emergence CR CR CR TEP 1, 4, 5, 7 850.4150 Vegetative vigor CR CR CR TEP 1, 3, 4, 5, 7 850.4400 850.5400 Aquatic plant growth (algal and aquatic vascular plant toxicity) CR CR CR TEP or TGAI 1, 4, 6, 7 Nontarget Area Phytotoxicity - Tier III 850.4300 Terrestrial �eld CR CR CR TEP 1, 7, 8, 10 850.4450 Aquatic �eld CR CR CR TEP 1, 7, 8, 10 (1) The terrestrial use pattern includes products classi�ed under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood. The aquatic use pattern includes only the general use patterns of aquatic food crops and aquatic nonfood. (2) Data are also required for the general use patterns of forestry use and residential outdoor use. (c) Key. R = Required; CR = Conditionally required; NR = Not required; TGAI = Technical grade of the active ingredient; TEP = Typical end-use product. (d) Table. The following table shows the nontarget plant protection data requirements. The table notes are shown in paragraph (e) of this section. Guideline Number Data Requirement Use Pattern Test substance Test Note No.Terrestrial Aquatic Forestry and Residential Outdoor https://www.ecfr.gov/current/title-40/section-158.660#p-158.660(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 49/137 Target Area Phytotoxicity 850.4025 Target area phytotoxicity CR CR CR TEP 1, 7, 9, 10 1. Not required for contained pesticide treatments such as bait boxes and pheromone traps unless adverse effects reports are received by the Agency. 2. Not required for known phytotoxicants. 3. Generally not required for granular formulations. May be requested on a case-by-case basis. 4. Required for known phytotoxicants such as herbicides, desiccants and defoliants. 5. Required if a tested terrestrial species exhibits a 25 percent or greater detrimental effect in the Tier I study. When Tier II testing is required, the test species should be the species that showed detrimental effects in the Tier I testing. 6. Required if the tested aquatic species exhibits a 50 percent or greater detrimental effect in the Tier I study. When Tier II testing is required, the test species should be the species that showed detrimental effects in the tier I testing. 7. Not required for aquatic residential uses. 8. Environmental chemistry methods used to generate data must include the results of a successful con�rmatory method trial by an independent laboratory. 9. Tests are required on a case-by-case basis based on the results of lower tier phytotoxicity studies, adverse incident reports, intended use pattern, and environmental fate characteristics that indicate potential exposure. 10. Registrants must consult with the Agency on appropriate test protocols prior to designing the study. Subparts H-J [Reserved] §§ 158.700-158.900 [Reserved] Subpart K - Human Exposure § 158.1000 Applicator exposure - general requirements. (e) Test notes. The following test notes apply to the table in paragraph (d) of this section. (a) If EPA determines that industrial standards, such as the workplace standards set by the Occupational Safety and Health Administration (OSHA), provide adequate protection from risk under FIFRA for a particular pesticide use pattern, exposure data may not be required for that use pattern. Applicants should consult with the Agency on appropriate testing prior to the initiation of studies. Guideline Number Data Requirement Use Pattern Test substance Test Note No.Terrestrial Aquatic Forestry and Residential Outdoor https://www.ecfr.gov/current/title-40/section-158.660#p-158.660(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 50/137 § 158.1010 Applicator exposure - criteria for testing. Applicator exposure data described in paragraph (d) of this section are required based on toxicity and exposure criteria. Data are required if a product meets, as determined by the Agency, at least one of the toxicity criteria in paragraph (a) of this section and either or both of the exposure criteria in paragraph (b) of this section. § 158.1020 Applicator exposure data requirements table. Table - Applicator Exposure Data Requirements (b) The Agency may accept surrogate exposure data estimations from other sources to satisfy applicator exposure data requirements if the data meet the basic quality assurance, quality control, good laboratory practice, and other scienti�c requirements set by EPA. In order to be acceptable, the Agency must �nd that the surrogate exposure data estimations have adequate information to address applicator exposure data requirements and contain adequate replicates of acceptable quality data to re�ect the speci�c use prescribed on the label and the applicator activity of concern, including formulation type, application methods and rates, type of activity, and other pertinent information. The Agency will consider using such surrogate data for evaluating human exposure on a case-by-case basis. (a) Toxicity criteria. (1) Evidence of potentially signi�cant adverse effects have been observed in any applicable toxicity study. (2) Scienti�cally sound epidemiological or poisoning incident data indicate that adverse health effects may have resulted from handling of the pesticide. (b) Exposure criteria. (1) Dermal exposure may occur during the prescribed use. (2) Respiratory exposure may occur during the prescribed use. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the applicator exposure data requirements for a particular pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. (1) Occupational use patterns include products classi�ed under the general use patterns of terrestrial food crop, terrestrial feed crop, terrestrial nonfood crop, aquatic food, aquatic nonfood use, forestry, greenhouse food, greenhouse nonfood, indoor food use, and indoor nonfood use. Occupational use patterns also include commercial (“for hire”) applications to residential outdoor and indoor sites. (2) Residential use patterns include residential outdoor use and residential indoor use. These use patterns are limited to nonoccupational, i.e., nonprofessional, pesticide applications. (c) Key. R = Required; CR = Conditionally required; TEP = Typical end-use product. (d) Table. The data requirements listed pertain to pesticide products that meet the testing criteria outlined in § 158.1010. The table notes are shown in paragraph (e) of this section. Guideline Number Data requirement Use pattern Test substance Test Note No.Occupational Residential https://www.ecfr.gov/current/title-40/section-158.1010#p-158.1010(d) https://www.ecfr.gov/current/title-40/section-158.1010#p-158.1010(a) https://www.ecfr.gov/current/title-40/section-158.1010#p-158.1010(b) https://www.ecfr.gov/current/title-40/section-158.1020#p-158.1020(e) https://www.ecfr.gov/current/title-40/section-158.1010 https://www.ecfr.gov/current/title-40/section-158.1020#p-158.1020(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 51/137 875.1100 Dermal outdoor exposure R R TEP 1, 2, 3 875.1200 Dermal indoor exposure R R TEP 1, 2, 4 875.1300 Inhalation outdoor exposure R R TEP 1, 2, 3 875.1400 Inhalation indoor exposure R R TEP 1, 2, 4 875.1500 Biological monitoring CR CR TEP 1, 2 875.1600 Data reporting and calculations R R TEP 5 875.1700 Product use information R R TEP 1. Protocols must be submitted for approval prior to the initiation of the study. Details for developing protocols are available from the Agency. 2. Biological monitoring data may be submitted in addition to, or in lieu of, dermal and inhalation exposure data, provided the human pharmacokinetics of the pesticide and/or metabolite/analog compounds (i.e., whichever method is selected as an indicator of body burden or internal dose) allow for the back calculation to actual dose. 3. Data are required if the product is applied outdoors. 4. Data are required if the product is applied indoors. 5. Data reporting and calculations are required when handler exposure data are submitted. § 158.1050 Post-application exposure - general requirements. (e) Test notes. The following notes apply to the data requirements in the table to paragraph (d) of this section: (a) If EPA determines that industrial standards, such as the workplace standards set by the Occupational Safety and Health Administration, provide adequate protection for a particular pesticide use pattern, post-application exposure data may not be required for that use pattern. Applicants should consult with the Agency on appropriate testing before the initiation of studies. (b) The Agency may accept surrogate exposure data from other sources to satisfy post-application exposure data requirements if the data meet the basic quality assurance, quality control, good laboratory practice, and other scienti�c needs of EPA. In order to be acceptable, among other things, the Agency must �nd that the surrogate exposure data have adequate information to address post application exposure data requirements and contain adequate replicates of acceptable quality data to re�ect the speci�c use prescribed on the label and the post-application activity of concern, including formulation type, application methods and rates, type of activity, and other pertinent information. The Agency will consider using such surrogate data for evaluating human exposure on a case-by-case basis. Guideline Number Data requirement Use pattern Test substance Test Note No.Occupational Residential https://www.ecfr.gov/current/title-40/section-158.1020#p-158.1020(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 52/137 § 158.1060 Post-application exposure - criteria for testing. Exposure data described in § 158.1070(d) are required based upon toxicity and exposure criteria. Data are required if a product meets, as determined by the Agency, either or both of the toxicity criteria in paragraph (a) of this section and either or both of the exposure criteria in paragraph (b) of this section. § 158.1070 Post-application exposure data requirements table. Table - Post-Application Exposure Data Requirements (a) Toxicity criteria. (1) Evidence of potentially signi�cant adverse health effects have been observed in any applicable toxicity study. (2) Scienti�cally sound epidemiological or poisoning incident data indicate that adverse health effects may have resulted from post-application exposure to the pesticide. (b) Exposure criteria. The need for data from potential exposure resulting from situations not covered by this paragraph should be discussed with the Agency. (1) For outdoor uses. (i) Occupational human post-application exposure to pesticide residues on plants or in soil could occur as the result of cultivation, pruning, harvesting, mowing or other work-related activity. Such uses include agricultural food, feed, and �ber commodities, forest trees, ornamental plants, and turf grass. (ii) Residential human post-application exposure to pesticide residues on plants or in soil could occur. Such uses may include turf grass, fruits, vegetables, and ornamentals grown at sites, including, but not limited to, homes, parks, and recreation areas. (2) For indoor uses. (i) Occupational human post-application exposure to pesticide residues could occur following the application of the pesticide to indoor spaces or surfaces at agricultural or commercial sites, such as, but not limited to, agricultural animal facilities and industrial or manufacturing facilities. (ii) Residential human post-application exposure to pesticide residues could occur following the application of the pesticide to indoor spaces or surfaces at residential sites, such as, but not limited to homes, daycare centers, hospitals, schools, and other public buildings. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the post application data requirements for a particular pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. (1) Occupational use patterns include products classi�ed under the general use patterns of terrestrial food crop, terrestrial feed crop, terrestrial nonfood use, aquatic food, aquatic nonfood use, forestry, greenhouse food, greenhouse nonfood, indoor food, and indoor nonfood. Occupational use patterns also include commercial (“for hire”) applications to residential outdoor and indoor sites. (2) Residential use patterns include residential outdoor use and indoor residential use. These use patterns are limited to nonoccupational, i.e., nonprofessional, pesticide applications. (c) Key. R = Required; CR = Conditionally required; NR = Not required; TEP = Typical end-use product. (d) Table. The data requirements listed in the following table pertain to pesticide products that meet the testing criteria outlined in § 158.1060. The table notes are shown in paragraph (e) of this section. https://www.ecfr.gov/current/title-40/section-158.1070#p-158.1070(d) https://www.ecfr.gov/current/title-40/section-158.1060#p-158.1060(a) https://www.ecfr.gov/current/title-40/section-158.1060#p-158.1060(b) https://www.ecfr.gov/current/title-40/section-158.1070#p-158.1070(e) https://www.ecfr.gov/current/title-40/section-158.1060 https://www.ecfr.gov/current/title-40/section-158.1070#p-158.1070(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 53/137 875.2100 Dislodgeable foliar residue and turf transferable residues R R TEP 1, 2, 3, 4, 5 875.2200 Soil residue dissipation R CR TEP 1, 2, 6, 7 875.2300 Indoor surface residue dissipation R R TEP 1, 2, 8, 9 875.2400 Dermal exposure R R TEP 1, 2, 10, 11, 12 875.2500 Inhalation exposure R R TEP 1, 10, 11, 12 875.2600 Biological monitoring CR CR TEP 1, 12, 13 875.2700 Product use information R R TEP 875.2800 Description of human activity R R TEP 875.2900 Data reporting and calculations R R TEP 14 875.3000 Nondietary ingestion exposure NR R TEP 1, 11, 15 1. Protocols must be submitted for approval prior to the initiation of the study. Details for developing protocols are available from the Agency. 2. Bridging applicable residue dissipation data to dermal exposure data is required. 3. Turf grass transferable residue dissipation data are required when pesticides are applied to turf grass. Dislodgeable foliar residue dissipation data are required when pesticides are applied to the foliage of plants other than turf grass. 4. Data are required for occupational sites if (i) there are uses on turf grass or other plant foliage, and (ii) the human activity data indicate that workers are likely to have post-application dermal contact with treated foliage while participating in typical activities. (e) Test notes. The following test notes apply to the data requirements in the table to paragraph (d) of this section: Guideline Number Data Requirement Use Pattern Test Substance Test Note No.Occupational Residential https://www.ecfr.gov/current/title-40/section-158.1070#p-158.1070(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 54/137 5. Data are required for residential sites if there are uses on turf grass or other plant foliage. 6. Data are required for occupational sites, if (i) there are outdoor or greenhouse uses to or around soil or other planting media, and (ii) the human activity data indicate that workers are likely to have post-application dermal contact with treated soil or planting media while participating in typical activities. 7. Data are required for residential sites if the pesticide is applied to or around soil or other planting media both outdoors and indoors, e.g., residential greenhouse or houseplant uses. 8. Data are required for occupational sites if the pesticide is applied to or around on non-plant surfaces, e.g., �ooring or countertops, and if the human activity data indicate that workers are likely to have post-application dermal contact with treated indoor surfaces while participating in typical activities. 9. Data are required for residential sites if the pesticide is applied to or around non-plant surfaces, e.g., �ooring and countertops. 10. Data are required for occupational sites if the human activity data indicate that workers are likely to have post-application exposures while participating in typical activities. 11. Data are required for residential sites if post-application exposures are likely. 12. Biological monitoring data may be submitted in addition to, or in lieu of, dermal and inhalation exposure data provided the human pharmocokinetics of the pesticide and/or metabolite/analog compounds (i.e., whichever method is selected as an indicator of body burden or internal dose) allow for a back-calculation to the total internal dose. 13. Data are required when passive dosimetry techniques are not applicable for a particular exposure scenario, such as a swimmer exposure to pesticides. 14. Data reporting and calculations are required when any post-application exposure monitoring data are submitted. 15. The selection of a sampling method will depend on the nondietary pathway(s) of interest. Data must be generated to consider all potential pathways of nondietary ingestion exposure that are applicable (e.g., soil ingestion, hand-to-mouth transfer, and object-to-mouth transfer of surface residues). Subpart L - Spray Drift § 158.1100 Spray drift data requirements table. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the spray drift data requirements for a particular pesticide product. Notes that apply to an individual test, including speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. The terrestrial use pattern includes products classi�ed under the general use patterns of terrestrial food crop and terrestrial nonfood crop. The aquatic use pattern includes products classi�ed under the general use patterns of aquatic food crop and aquatic nonfood. The greenhouse use pattern includes products classi�ed under the general use patterns of greenhouse food crop and greenhouse nonfood crop. Data are also required for the general use patterns of forestry use, residential outdoor use, and indoor use. (c) Key. CR = Conditionally required; NR = Not required; TEP = Typical end-use product; MP = Manufacturing use product; EP = End-use product. (d) Table. The following table lists the data requirements that pertain to spray drift. The table notes are shown in paragraph (e) of this section. https://www.ecfr.gov/current/title-40/section-158.1100#p-158.1100(e) https://www.ecfr.gov/current/title-40/section-158.1100#p-158.1100(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 55/137 Table - Spray Drift Data Requirements 1. This study is required when aerial applications (rotary and �xed winged) and mist blower or other methods of ground application are proposed and it is estimated that the detrimental effect level of those nontarget organisms expected to be present would be exceeded. The nontarget organisms include humans, domestic animals, �sh and wildlife, and nontarget plants. 2. [Reserved] Subpart M [Reserved] §§ 158.1200-158.1299 [Reserved] Subpart N - Environmental Fate § 158.1300 Environmental fate data requirements table. Table - Environmental Fate Data Requirements 201-1 Droplet size spectrum CR CR CR CR NR NR CR NR 202-1 Droplet size spectrum CR CR CR CR NR NR CR NR Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Forestry Res OuFood Crop Nonfood Crop Food Nonfood Food Crop Nonfood Crop 201-1 Droplet size spectrum CR CR CR CR NR NR CR NR 202-1 Droplet size spectrum CR CR CR CR NR NR CR NR Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Forestry Res OuFood Crop Nonfood Crop Food Nonfood Food Crop Nonfood Crop (e) Test notes. The following notes apply to the requirements in the table to paragraph (d) of this section: (a) General. All environmental fate data, as described in paragraph (c) of this section, must be submitted to support a request for registration. (b) Use patterns. (1) The terrestrial use pattern includes products classi�ed under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood. The aquatic use pattern includes the general use patterns of aquatic food crop, and aquatic nonfood. The greenhouse use pattern includes both food and nonfood uses. The indoor use pattern includes food, nonfood, and residential indoor uses. (2) Data are also required for the general use patterns of forestry use and residential outdoor use. (c) Key. CR = Conditionally required; NR = Not required; R = Required; PAIRA = Pure active ingredient radio labeled; TGAI = Technical grade of the active ingredient; TEP = Typical end-use product. (d) Table. The following table shows the data requirements for environmental fate. The test notes are shown in paragraph (e) of this section. https://www.ecfr.gov/current/title-40/section-158.1100#p-158.1100(d) https://www.ecfr.gov/current/title-40/section-158.1300#p-158.1300(c) https://www.ecfr.gov/current/title-40/section-158.1300#p-158.1300(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 56/137 Degradation Studies - Laboratory 835.2120 Hydrolysis R R R CR R 835.2240 Photodegradation in water R R NR NR R 835.2410 Photodegradation on soil R NR NR NR R 835.2370 Photodegradation in air CR NR CR NR CR Metabolism Studies - Laboratory 835.4100 Aerobic soil R CR R NR R 835.4200 Anaerobic soil R NR NR NR NR 835.4300 Aerobic aquatic R R NR NR R 835.4400 Anaerobic aquatic R R NR NR R Mobility Studies 835.1230 835.1240 Leaching and adsorption/desorption R R R NR R 835.1410 Volatility - laboratory CR NR CR NR NR 835.8100 Volatility - �eld CR NR CR NR NR Dissipation Studies - Field 835.6100 Terrestrial R CR NR NR CR 835.6200 Aquatic (sediment) CR R NR NR NR 835.6300 Forestry NR NR NR NR CR Guideline Number Guideline Number Data RequirementData Requirement Use PatternUse Pattern TerrestrialTerrestrial AquaticAquatic GreenhouseGreenhouse IndoorIndoor ForestryForestry Degradation Studies - Laboratory 835.2120 Hydrolysis R R R CR R 835.2240 Photodegradation in water R R NR NR R 835.2410 Photodegradation on soil R NR NR NR R 835.2370 Photodegradation in air CR NR CR NR CR Metabolism Studies - Laboratory 835.4100 Aerobic soil R CR R NR R 835.4200 Anaerobic soil R NR NR NR NR 835.4300 Aerobic aquatic R R NR NR R 835.4400 Anaerobic aquatic R R NR NR R Mobility Studies 835.1230 835.1240 Leaching and adsorption/desorption R R R NR R 835.1410 Volatility - laboratory CR NR CR NR NR 835.8100 Volatility - �eld CR NR CR NR NR Dissipation Studies - Field 835.6100 Terrestrial R CR NR NR CR 835.6200 Aquatic (sediment) CR R NR NR NR 835.6300 Forestry NR NR NR NR CR Guideline Number Guideline Number Data RequirementData Requirement Use PatternUse Pattern TerrestrialTerrestrial AquaticAquatic GreenhouseGreenhouse IndoorIndoor ForestryForestry 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 57/137 1. Study is required for indoor uses in cases where environmental exposure is likely to occur. Such sites include, but are not limited to, agricultural premises, in or around farm buildings, barnyards, and beehives. 2. Not required when the electronic absorption spectra, measured at pHs 5, 7, and 9, of the chemical and its hydrolytic products, if any, show no absorption or tailing between 290 and 800 nm. 3. Not required when the chemical is to be applied only by soil injection or is incorporated in the soil. 4. Requirement based on use patterns and other pertinent factors including, but not limited to, the Henry's Law Constant of the chemical. In view of methodological di�culties with the study of photodegradation in air, prior consultation with the Agency regarding the protocol is recommended before the test is performed. 5. Required for aquatic food and nonfood crop uses for aquatic sites that are intermittently dry. Such sites include, but are not limited to, cranberry bogs and rice paddies. 6. Adsorption and desorption using a batch equilibrium method is preferred. However in some cases, for example, where the pesticide degrades rapidly, soil column leaching with unaged or aged columns may be more appropriate to fully characterize the potential mobility of the parent compound and major transformation products. 7. Environmental chemistry methods used to generate data associated with this study must include results of a successful con�rmatory method trial by an independent laboratory. Test standards and procedures for independent laboratory validation are available as addenda to the guideline for this test requirement. 8. Requirement for terrestrial uses is based on potential for aquatic exposure and if pesticide residues have the potential for persistence, mobility, nontarget aquatic toxicity or bioaccumulation. Not required for aquatic residential uses. Field testing under the terrestrial �eld dissipation requirement may be more appropriate for some aquatic food crops, such as rice and cranberry uses, that are managed to have a dry-land period for production. The registrant is encouraged to consult with the Agency on protocols. 9. Agency approval of a protocol is necessary prior to initiation of the study. 10. This study may be triggered if there is speci�c evidence that the presence of one pesticide can affect the dissipation characteristics of another pesticide when applied simultaneously or serially. 11. Required if the weight-of-evidence indicates that the pesticide and/or its degradates is likely to leach to ground water, taking into account other factors such as the toxicity of the chemicals(s), available monitoring data, and the vulnerability of ground water resources in the pesticide use area. 835.6400 Combination and tank mixes CR CR NR NR NR Ground Water Monitoring 835.7100 Ground water monitoring CR NR NR NR CR Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Indoor Forestry 835.6400 Combination and tank mixes CR CR NR NR NR Ground Water Monitoring 835.7100 Ground water monitoring CR NR NR NR CR Guideline Number Data Requirement Use Pattern Terrestrial Aquatic Greenhouse Indoor Forestry (e) Test notes. The following test notes apply to the requirements in the table to paragraph (d) of this section: https://www.ecfr.gov/current/title-40/section-158.1300#p-158.1300(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 58/137 12. If the terrestrial dissipation study cannot assess all of the major routes of dissipation, the forestry study will be required. Subpart O - Residue Chemistry § 158.1400 De�initions. The following terms are de�ned for the purposes of this subpart: Livestock , for the purposes of this section, includes all domestic animals that are bred for human consumption, including, but not limited to, cattle, swine, sheep, and poultry. Plant or animal metabolite means a pesticide chemical residue that is the result of biological breakdown of the parent pesticide within the plant or animal. Residue of concern means the parent pesticidal compound and its metabolites, degradates, and impurities of toxicological concern. Tolerance , for the purposes of this section, includes the establishment of a new tolerance or tolerance exemption, or amended tolerance or tolerance exemption. § 158.1410 Residue chemistry data requirements table. Table - Residue Chemistry Data Requirements for Food Uses (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the residue chemistry data requirements for a particular pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. (1) Data are required or conditionally required for all pesticides used in or on food and for residential outdoor uses where food crops are grown. Food use patterns include products classi�ed under the general use patterns of terrestrial food crop use, terrestrial feed crop use, aquatic food crop use, greenhouse food crop use, and indoor food use. (2) Data may be required for nonfood uses if pesticide residues may occur in food or feed as a result of the use. Data requirements for these nonfood uses will be determined on a case-by-case basis. For example, most products used in or near kitchens require residue data for risk assessment purposes even though tolerances may not be necessary in all cases. (c) Key. R = Required; CR = Conditionally required; NR = Not required; TGAI = Technical grade of the active ingredient; PAI = Pure active ingredient; PAIRA = Pure active ingredient radio-labeled; Residue of concern= the active ingredient and its metabolites, degradates, and impurities of toxicological concern; TEP = Typical end-use product. (d) Table. The following table list the data requirements for residue chemistry related to food uses. The table notes are shown in paragraph (e) of this section. Guideline Number Data Requirement Use Pattern Terrestrial Food or Feed Aquatic Food Greenhouse Food Indoor Food Residenti Outdoor Guideline Number Data Requirement Use Pattern Terrestrial Food or Feed Aquatic Food Greenhouse Food Indoor Food Residenti Outdoor https://www.ecfr.gov/current/title-40/section-158.1410#p-158.1410(e) https://www.ecfr.gov/current/title-40/section-158.1410#p-158.1410(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 59/137 Supporting Information 860.1100 Chemical identity R R R R R 860.1200 Directions for use R R R R R 860.1550 Proposed tolerance R R R CR NR 860.1560 Reasonable grounds in support of petition R R R CR NR 860.1650 Submittal of analytical reference standards R R R CR NR Nature of the residue 860.1300 Nature of the residue in plants R R R CR CR 860.1300 Nature of the residue in livestock CR CR CR CR NR 860.1850 Con�ned rotational crops CR CR NR NR NR Analytical methods 860.1340 Residue analytical methods R R R CR CR 860.1360 Multiresidue method R R R CR NR Magnitude of the residue 860.1380 Storage stability R R R CR CR Guideline Number Data Requirement Use Pattern Terrestrial Food or Feed Aquatic Food Greenhouse Food Indoor Food Residenti Outdoor Supporting Information 860.1100 Chemical identity R R R R R 860.1200 Directions for use R R R R R 860.1550 Proposed tolerance R R R CR NR 860.1560 Reasonable grounds in support of petition R R R CR NR 860.1650 Submittal of analytical reference standards R R R CR NR Nature of the residue 860.1300 Nature of the residue in plants R R R CR CR 860.1300 Nature of the residue in livestock CR CR CR CR NR 860.1850 Con�ned rotational crops CR CR NR NR NR Analytical methods 860.1340 Residue analytical methods R R R CR CR 860.1360 Multiresidue method R R R CR NR Magnitude of the residue 860.1380 Storage stability R R R CR CR Guideline Number Data Requirement Use Pattern Terrestrial Food or Feed Aquatic Food Greenhouse Food Indoor Food Residenti Outdoor 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 60/137 1. Required if indoor use could result in pesticide residues in or on food or feed. 2. Material safety data sheets must accompany standards as speci�ed by OSHA in 29 CFR 1910.1200. 3. Required for residential outdoor uses on food crops if the corresponding agricultural use is not approved or the residential use is expected to produce higher residues based on the label directions. 860.1500 Crop �eld trials R R R CR CR 860.1520 Processed food or feed CR CR CR CR NR 860.1480 Meat/milk/poultry/eggs CR CR CR CR NR 860.1400 Potable water NR R NR NR NR 860.1400 Fish NR R NR NR NR 860.1400 Irrigated crops NR CR NR NR NR 860.1460 Food handling NR NR NR CR NR 860.1540 Anticipated residues CR CR CR CR NR 860.1900 Field rotational crops CR CR NR NR NR Guideline Number Data Requirement Use Pattern Terrestrial Food or Feed Aquatic Food Greenhouse Food Indoor Food Residenti Outdoor 860.1500 Crop �eld trials R R R CR CR 860.1520 Processed food or feed CR CR CR CR NR 860.1480 Meat/milk/poultry/eggs CR CR CR CR NR 860.1400 Potable water NR R NR NR NR 860.1400 Fish NR R NR NR NR 860.1400 Irrigated crops NR CR NR NR NR 860.1460 Food handling NR NR NR CR NR 860.1540 Anticipated residues CR CR CR CR NR 860.1900 Field rotational crops CR CR NR NR NR Guideline Number Data Requirement Use Pattern Terrestrial Food or Feed Aquatic Food Greenhouse Food Indoor Food Residenti Outdoor (e) Test notes. The following test notes apply to the data requirements in the table to paragraph (d) of this section. https://www.ecfr.gov/current/title-29/section-1910.1200 https://www.ecfr.gov/current/title-40/section-158.1410#p-158.1410(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 61/137 4. Required for indoor uses where the pesticide is applied directly to food, in order to determine metabolites and/or degradates. Not required when only indirect contact with food would occur (e.g., crack and crevice treatments). 5. Data for �sh are required for all pesticides applied directly to water inhabited, or which will be inhabited, by �sh that may be caught or harvested for human consumption. 6. Required when a pesticide is to be applied directly to livestock, to livestock premises, to livestock drinking water, or to crops used for livestock feed. If results from the plant metabolism study show differing metabolites in plants from those found in animals, an additional livestock metabolism study involving dosing with the plant metabolite(s) may also be required. 7. Required when the Agency determines that it is reasonably foreseeable that a food or feed crop could be subsequently planted on the site of pesticide application after harvest or failure of the treated crop. Typically not required for pesticide uses in permanent food crops (e.g., various tree crops, vines) or semi-permanent crops (e.g., asparagus, pineapples). 8. A residue analytical method suitable for enforcement purposes is required whenever a numeric tolerance (including temporary and time-limited tolerances) is proposed. 9. New analytical methods to be used for enforcement purposes must include results from an independent laboratory validation. 10. A residue method, storage stability data, and crop �eld trials are required for the nonfood crop tobacco (green, freshly harvested). Depending on the level of residues found on the green tobacco, additional data may be required on cured/dried tobacco and pyrolysis products. 11. Data are required to determine whether FDA/USDA multiresidue methodology would detect and identify the pesticides and any metabolites. 12. Data are required for any magnitude of the residue study unless analytical samples are stored frozen for 30 days or less, and the active ingredient is not known to be volatile or labile. 13. Studies using single serving samples of a raw agricultural commodity may be needed for acutely toxic pesticides and/or their metabolites. These residue studies must be conducted using a statistical design accepted by the Agency. 14. Required for indoor uses which are direct postharvest treatments of raw agricultural commodities (e.g., fungicidal waxes or stored grain fumigants). 15. Data on the nature and level of residues in processed food/feed are required if residues could potentially concentrate on processing thus requiring the establishment of a separate tolerance higher than that of the raw agricultural commodity. 16. Required when the pesticide use is a direct application to livestock. 17. Data are required if pesticide residues are present in or on livestock feed items or intentionally added to drinking water. These studies, however, may not be required in cases where the livestock metabolism studies indicate negligible transfer of the pesticide's residues of concern to tissues, milk, and eggs at the maximum expected exposure level for the animals. 18. If results from the plant metabolism study show differing metabolites in plants from those found in animals, an additional livestock feeding study involving dosing with the plant metabolite(s) may also be required. 19. Data are required whenever a pesticide may be applied directly to water, unless it can be demonstrated that the treated water would not be available for human or livestock consumption. 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 62/137 20. Data are required when a pesticide is to be applied directly to water that could be used for irrigation or to irrigation facilities such as irrigation ditches. 21. Data are required whenever a pesticide may be used in a food handling or feed handling establishment. 22. Required when residues at the tolerance level may result in a risk of concern. These data may include washing, cooking, processing or degradation studies as well as market basket surveys for a more precise residue determination. 23. Typically required if pesticide residues of concern greater than 0.01 ppm are found in crops at the appropriate plant back intervals (taking into account plant back restrictions on product labels) in the con�ned rotational crop study. If residues of concern in the con�ned study are greater than 0.01 ppm but less than the limit of quantitation of the analytical method to be used on �eld trial samples, the Agency will consider not requiring, on a case-by-case basis, the limited �eld trials. If there are particular toxicological concerns with the parent pesticide or any metabolites, limited �eld studies may be needed if such residues are identi�ed at levels below 0.01 ppm in the con�ned study. 24. Crop �eld trials are required to establish tolerances on rotational crops when quanti�able residues of concern are observed in the �eld rotational crops study. 25. Not required for an exemption from a tolerance provided that dietary exposure estimates are not needed due to low toxicity or that theoretical estimates of exposure are adequate to assess dietary risk. 26. Not required for an exemption from a tolerance. Subparts P-T [Reserved] §§ 158.1500-158.1900 [Reserved] Subpart U - Biochemical Pesticides Source: 72 FR 61002, Oct. 26, 2007, unless otherwise noted. § 158.2000 Biochemical pesticides de�inition and applicability. This subpart applies to all biochemical pesticides as de�ned in paragraphs (a), (b), and (c) of this section. (a) De�nitions. The following terms are de�ned for the purposes of subpart U of this part. (1) A biochemical pesticide is a pesticide that: (i) Is a naturally-occurring substance or structurally-similar and functionally identical to a naturally-occurring substance; (ii) Has a history of exposure to humans and the environment demonstrating minimal toxicity, or in the case of a synthetically-derived biochemical pesticides, is equivalent to a naturally occurring substance that has such a history; and (iii) Has a non-toxic mode of action to the target pest(s). (2) A Pheromone is a compound produced by a living organism or is a synthetically derived substance that is structurally similar and functionally identical to a naturally-occurring pheromone, which, alone or in combination with other such compounds, modi�es the behavior of other individuals of the same species. (i) An Arthropod Pheromone is a pheromone produced by a member of the taxonomic phylum Arthropoda. https://www.ecfr.gov/current/title-40/section-158.2000#p-158.2000(a) https://www.ecfr.gov/current/title-40/section-158.2000#p-158.2000(b) https://www.ecfr.gov/current/title-40/section-158.2000#p-158.2000(c) https://www.ecfr.gov/current/title-40/part-158/subpart-U 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 63/137 § 158.2010 Biochemical pesticides data requirements. § 158.2030 Biochemical pesticides product chemistry data requirements table. (ii) A Lepidopteran Pheromone is an arthropod pheromone produced by a member of the insect order Lepidoptera. (iii) A Straight Chain Lepidopteran Pheromone is a lepidopteran pheromone consisting of an unbranched aliphatic chain (between 9 and 18 carbons) ending in an alcohol, aldehyde, or acetate functional group and containing up to three double bonds in the aliphatic backbone. (b) Examples. Biochemical pesticides include, but are not limited to: (1) Semiochemicals (insect pheromones and kairomones), (2) Natural plant and insect regulators, (3) Naturally-occurring repellents and attractants, and (4) Enzymes. (c) Applicability. The Agency may review, on a case-by-case basis, naturally-occurring pesticides that do not clearly meet the de�nition of a biochemical pesticide in an effort to ensure, to the greatest extent possible, that only the minimum testing su�cient to make scienti�cally sound regulatory decisions would be conducted. The Agency will review applications for registration of naturally-occurring pesticides to determine whether to review the pesticide under this subpart U. (a) Sections 158.2030 through 158.2070 identify the data requirements that are required to support registration of biochemical pesticides. Sections 158.2080 through 158.2084 identify the data requirements that are required to support Experimental Use Permits (EUPs). Variations in the test conditions are identi�ed within the test notes. De�nitions that apply to all biochemical data requirements can be found in § 158.2000. (b) Each data table includes “use patterns” under which the individual data are required, with variations including food and nonfood uses for terrestrial and aquatic applications, greenhouse, indoor, forestry, and residential outdoor applications under certain circumstances. (c) The categories for each data requirement are “R”, which stands for required, and “CR” which stands for conditionally required. Generally, “R” indicates that the data are more likely required than for those data requirements with “CR.” However, in each case, the regulatory text preceding the data table and the test notes following the data table must be used to determine whether the data requirement must be satis�ed. (d) Each table identi�es the test substance that is required to be tested to satisfy the data requirement. Test substances may include: technical grade active ingredient (TGAI), manufacturing-use product (MP), end-use product (EP), typical end-use product (TEP), residue of concern, and pure active ingredient (PAI) or all of the above (All). Commas between the test substances (i.e., TGAI, EP) indicate that data may be required on the TGAI or EP or both depending on the conditions set forth in the test note. (e) The data requirements are organized into a tier-testing system with speci�ed additional studies at higher tiers being required if warranted by adverse effects observed in lower tier studies. The lower tier studies are a subset of those required for conventional pesticides, and the studies overall are generally selected from those required for conventional pesticides. (f) Two sets of guideline numbers are provided for some of the environmental fate data requirements. For ease of understanding, the current guidelines will be used as an interim measure until the new guidelines (in parentheses) are �nalized. (a) General. https://www.ecfr.gov/current/title-40/section-158.2000 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 64/137 Table - Biochemical Pesticides Product Chemistry Data Requirements Product Identity and Composition 880.1100 Product identity and composition R TGAI, MP TGAI, EP 1, 2 880.1200 Description of starting materials, production and formulation process R TGAI, MP TGAI, EP 2, 3 880.1400 Discussion of formation of impurities R TGAI and MP TGAI and EP 4 Analysis and Certi�ed Limits 830.1700 Preliminary analysis CR TGAI and MP TGAI and EP 5, 8 830.1750 Certi�ed limits R MP EP 6 830.1800 Enforcement analytical method R MP EP 7 Physical and Chemical Characteristics 830.6302 Color R TGAI TGAI 8 830.6303 Physical state R TGAI and MP TGAI and EP 8 830.6304 Odor R TGAI TGAI 8 (1) Sections 158.100 through 158.130 describe how to use this table to determine the product chemistry data requirements for a particular pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of the section. (2) De�nitions in § 158.300 apply to data requirements in this section. (b) Use patterns. Product chemistry data are required for all pesticide products and are not use speci�c. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; Residue of concern = the active ingredient and its metabolites, degradates, and impurities of toxicological concern; All = All of the above. (d) Table. The following table shows the data requirements for biochemical pesticides product chemistry. The test notes are shown in paragraph (e) of this section. Guideline Number Data Requirement All Use Patterns Test Substance Test NotesMP EP https://www.ecfr.gov/current/title-40/section-158.300 https://www.ecfr.gov/current/title-40/section-158.2030#p-158.2030(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 65/137 830.6313 Stability to normal and elevated temperatures, metals and metal ions R TGAI TGAI 8, 17 830.6315 Flammability CR MP EP 9 830.6317 Storage stability R MP EP 830.6319 Miscibility CR MP EP 10 830.6320 Corrosion characteristics R MP EP 830.7000 pH CR TGAI and MP TGAI and EP 8, 11 830.7050 UV/Visible light absorption R TGAI TGAI 830.7100 Viscosity CR MP EP 12 830.7200 Melting point/melting range CR TGAI TGAI 8, 13 830.7220 Boiling point/boiling range CR TGAI TGAI 8, 14 830.7300 Density/relative density/bulk density R TGAI and MP TGAI and EP 8, 18 830.7520 Particle size, �ber length, and diameter distribution CR TGAI TGAI 8, 15 830.7550 830.7560 830.7570 Partition coe�cient (n-Octanol /Water) CR TGAI TGAI 16 830.7840 Water solubility R TGAI TGAI 8 830.7950 Vapor pressure R TGAI TGAI 8, 19 1. Data must be provided in accordance with § 158.320. 2. If the MP and EP are produced by an integrated formulation system (non-registered source), these data are also required on TGAI. 3. Data must be provided in accordance with §§ 158.325, 158.330, and § 158.335. 4. Data must be provided in accordance with § 158.340. (e) Test notes. The following test notes are applicable to the data requirements for biochemical pesticides product chemistry and are referenced in the last column of the table in paragraph (d) of this section. Guideline Number Data Requirement All Use Patterns Test Substance Test NotesMP EP https://www.ecfr.gov/current/title-40/section-158.320 https://www.ecfr.gov/current/title-40/section-158.325 https://www.ecfr.gov/current/title-40/section-158.330 https://www.ecfr.gov/current/title-40/section-158.335 https://www.ecfr.gov/current/title-40/section-158.340 https://www.ecfr.gov/current/title-40/section-158.2030#p-158.2030(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 66/137 5. Data must be provided in accordance with § 158.345. Also, required to support the registration of each manufacturing-use product (including registered TGAIs) and end-use products produced by an integrated formulation system. Data on other end-use products would be required on a case-by-case basis. 6. Data must be provided in accordance with § 158.350. 7. Data must be provided in accordance with § 158.355. 8. If the TGAI cannot be isolated, data are required on the practical equivalent of the TGAI. EP testing may also be appropriate. 9. Required if the product contains combustible liquids. 10. Required if the product is an emulsi�able liquid and is to be diluted with petroleum solvents. 11. Required if the test substance is soluble or dispersible in water. 12. Required if the product is a liquid. 13. Required when the technical chemical is a solid at room temperature. 14. Required when the technical chemical is a liquid at room temperature. 15. Required for water insoluble test substances (>10 g/l) and �brous test substances with diameter ≥0.1 µm. 16. Required for organic chemicals unless they dissociate in water or are partially or completely soluble in water. 17. Data on the stability to metals and metal ions is required only if the active ingredient is expected to come in contact with either material during storage. 18. True density or speci�c density are required for all test substances. Data on bulk density is required for MPs or EPs that are solid at room temperature. 19. Not required for salts. § 158.2040 Biochemical pesticides residue data requirements table. −6 (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the biochemical pesticides residue data requirements for a particular pesticide product and the substance that needs to be tested. These data requirements apply to all biochemical pesticides, i.e., naturally occurring insect repellents and attractants, semiochemicals (e.g., insect pheromones), natural and plant growth regulators. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. (1) Data are required or conditionally required for all pesticides used in or on food and for residential outdoor uses where food crops are grown. Food use patterns include products classi�ed under the general use patterns of terrestrial food crop use, terrestrial feed crop use, aquatic food crop use, greenhouse food crop use, and indoor food use. Data are also conditionally required for aquatic nonfood use if there is direct application to water that could subsequently result in exposure to food. https://www.ecfr.gov/current/title-40/section-158.345 https://www.ecfr.gov/current/title-40/section-158.350 https://www.ecfr.gov/current/title-40/section-158.355 https://www.ecfr.gov/current/title-40/section-158.2040#p-158.2040(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 67/137 Table - Biochemical Residue Data Requirements for Speci�c Uses Supporting Information 860.1100 Chemical identity CR CR CR CR TGAI 1, 2, 4 860.1200 Directions for use CR CR CR CR - 1, 3, 4 Nature of the Residue 860.1300 Nature of the residue in plants CR CR CR CR TGAI 1, 4, 5, 6 860.1300 Nature of the residue in livestock CR CR CR CR TGAI or plant metabolite 1, 7, 8, 10, 13 860.1340 Residue analytical method CR CR R CR Residue of concern 4, 9, 10 860.1360 Multiresidue method CR CR R CR Residue of concern 10, 11 Magnitude of the Residue 860.1400 Potable water NR CR NR NR TGAI 1, 12 860.1400 Fish NR CR NR NR TGAI 1, 13 860.1400 Irrigated crops NR CR NR NR TGAI 1, 14 860.1460 Food handling NR NR NR CR TGAI 1, 15 (2) Data are conditionally required for nonfood uses if pesticide residues may occur in food or feed as a result of the use. Data requirements for these nonfood uses would be determined on a case-by-case basis. For example, most products used in or near kitchens require residue data for risk assessment purposes even though tolerances may not be necessary in all cases. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing end-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; Residue of concern = the active ingredient and its metabolites, degradates, and impurities of toxicological concern; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (e) of this section, and apply to the individual tests in the following table: (d) Data requirements table. The following table shows the data requirements for biochemical pesticides residue. The test notes are shown in paragraph (e) of this section. Guideline Number Data Requirement Use Patterns Test Substance Test Notes Terrestrial Aquatic Greenhouse Food Indoor FoodFood/Feed Food https://www.ecfr.gov/current/title-40/section-158.2040#p-158.2040(e) https://www.ecfr.gov/current/title-40/section-158.2040#p-158.2040(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 68/137 860.1480 Meat/milk/poultry/eggs CR CR CR CR TGAI or plant metabolites 1, 7, 8, 10 860.1500 Crop �eld trials CR CR CR CR TEP 1, 3, 4 860.1520 Processed food/feed CR CR CR CR TEP 1, 16 860.1540 Anticipated residues CR CR CR CR Residue of concern 1, 10, 17 860.1550 Proposed tolerances CR CR CR CR - 1, 18 860.1560 Reasonable grounds in support of the petition CR CR CR CR - 1, 10 860.1650 Submittal of analytical reference standards CR CR CR CR TGAI and residue of concern 10, 19 1. Residue chemistry data requirements apply to biochemical pesticide products when Tier II or Tier III toxicology data are required, as speci�ed for biochemical agents in the biochemical human health assessment data requirements, § 158.2050. 2. The same chemical identity data are required for biochemical product chemistry data requirements, § 158.2030, with an emphasis on impurities. 3. Required information includes crops to be treated, rate of application, number and timing of applications, preharvest intervals, and relevant restrictions. 4. Required for residential outdoor uses on food crops if the corresponding agricultural use is not approved or the residential use is expected to produce higher residues based on the label directions. 5. Required unless it is an arthropod pheromone applied at a rate less than or equal to 150 grams active ingredient per acre. 6. Required for indoor uses where the pesticide is applied directly to food, in order to determine metabolites and/or degradates. Not required when only indirect contact with food would occur (e.g., crack and crevice treatments). 7. Required when a pesticide is to be applied directly to livestock, to livestock premises, to livestock drinking water, or to crops used for livestock feed. 8. If results from the plant metabolism study show differing metabolites in plants from those found in animals, an additional livestock metabolism study involving dosing with the plant metabolite(s) may also be required. (e) Test notes. The following test notes are applicable to the data requirements for biochemical pesticides product chemistry and are in the last column of the table contained in paragraph (d) of this section. Guideline Number Data Requirement Use Patterns Test Substance Test Notes Terrestrial Aquatic Greenhouse Food Indoor FoodFood/Feed Food https://www.ecfr.gov/current/title-40/section-158.2050 https://www.ecfr.gov/current/title-40/section-158.2030 https://www.ecfr.gov/current/title-40/section-158.2040#p-158.2040(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 69/137 9. A residue analytical method suitable for enforcement of tolerances is required whenever a numeric tolerance (including temporary and time-limited tolerances) is proposed. 10. Required if indoor use could result in pesticide residues in or on food or feed. 11. Data are required to determine whether FDA/USDA multiresidue methodology would detect and identify the pesticides and any metabolites. 12. Data are required whenever a pesticide may be applied directly to water, unless it can be demonstrated that the treated water would not be available for human or livestock consumption. 13. Data on �sh are required for all pesticides applied directly to water inhabited, or which will be inhabited by �sh that may be caught or harvested for human consumption. 14. Data are required when a pesticide is to be applied directly to water that could be used for irrigation or to irrigation facilities such as irrigation ditches. 15. Data are required whenever a pesticide may be used in food/feed handling establishments. 16. Data on the nature and level of residue in processed food/feed are required when detectible residues could potentially concentrate on processing thus requiring the establishment of a separate tolerance higher than that of the raw agricultural commodity. 17. Required when residues at the tolerance level may result in risk of concern. These data may include washing, cooking, processing, or degradation studies as well as market basket surveys for a more precise residue determination. 18. The proposed tolerance must re�ect the maximum residue likely to occur in crops, in meat, milk, poultry, or eggs. 19. Required when a residue analytical method is required. § 158.2050 Biochemical pesticides human health assessment data requirements table. (a) General. (1) Sections 158.100 through 158.130 describe how to use this table to determine the biochemical human health assessment data requirements for a particular biochemical pesticide product. (2) The data in this section are not required for straight chain lepidopteran pheromones when applied up to a maximum use rate of 150 grams active ingredient/acre/year. (b) Use patterns. (1) Food use patterns, in general, include products classi�ed under the following general uses: terrestrial food crop use; terrestrial feed crop use; aquatic food crop use; greenhouse food crop use. (2) Nonfood use patterns include products classi�ed under the general use patterns of terrestrial nonfood crop use; aquatic nonfood residential use; aquatic nonfood outdoor use; aquatic nonfood industrial use; greenhouse nonfood crop use; forestry use; residential outdoor use; residential indoor use; indoor food use; indoor nonfood use; indoor medical use. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; Residue of concern = the active ingredient and its metabolites, degradates, and impurities of toxicological concern; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (e) of this section, and apply to the individual tests in the following table: https://www.ecfr.gov/current/title-40/section-158.2050#p-158.2050(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 70/137 Table - Biochemical Pesticides Human Health Assessment Data Requirements Tier I Acute Testing 870.1100 Acute oral toxicity - rat R R TGAI and MP TGAI and EP 1 870.1200 Acute dermal toxicity R R TGAI and MP TGAI and EP 1, 2 870.1300 Acute inhalation toxicity - rat R R TGAI and MP TGAI and EP 3 870.2400 Primary eye irritation - rabbit R R TGAI and MP TGAI and EP 2 870.2500 Primary dermal irritation R R TGAI and MP TGAI and EP 1, 2 870.2600 Dermal sensitization R R TGAI and MP TGAI and EP 2, 4 none Hypersensitivity incidents R R All All 5 Subchronic Testing 870.3100 90-day oral (one species) R CR TGAI TGAI 6 870.3250 90-day dermal - rat CR CR TGAI TGAI 7 870.3465 90-day inhalation - rat CR CR TGAI TGAI 8 Developmental Toxicity 870.3700 Prenatal developmental - rat preferably R CR TGAI TGAI 9 (d) Table. The following table shows the data requirements for biochemical pesticides human health assessment. The test notes are shown in paragraph (e) of this section. Guideline Number Data Requirement Use Patterns Test Substance Test Notes Food Nonfood MP EP https://www.ecfr.gov/current/title-40/section-158.2050#p-158.2050(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 71/137 Mutagenicity Testing 870.5100 Bacterial reverse mutation test R CR TGAI TGAI 10 870.5300 870.5375 In vitro mammalian cell assay R CR TGAI TGAI 10, 11 Tier II Mutagenicity Testing (In vivo cytogenetics) 870.5385 870.5895 In vivo Mammalian Cytogenetics CR CR TGAI TGAI 13 Developmental Toxicity 870.3700 Prenatal developmental CR CR TGAI TGAI 9 Special Tests 880.3550 Immunotoxicity CR CR TGAI TGAI 12, 13 Applicator/User Exposure 875.1100 Dermal outdoor exposure CR CR TGAI TGAI 15 875.1200 Dermal indoor exposure CR CR TGAI TGAI 15 875.1300 Inhalation outdoor exposure CR CR TGAI TGAI 15 875.1400 Inhalation indoor exposure CR CR TGAI TGAI 15 875.1500 Biological monitoring CR CR TGAI TGAI 15 Tier III Chronic Testing/Special Testing 880.3800 Immune response CR CR TGAI TGAI 14 870.3800 Reproduction and fertility effects CR CR TGAI TGAI 16 870.4100 Chronic oral - rodent and nonrodent CR CR TGAI TGAI 17 870.4200 Carcinogenicity - two species - rat and mouse preferred CR CR TGAI TGAI 18 Guideline Number Data Requirement Use Patterns Test Substance Test Notes Food Nonfood MP EP 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 72/137 870.5380 Mammalian spermatogonial chromosome aberration test CR CR TGAI TGAI 19 Special Testing 870.7200 Companion animal safety CR CR NR TGAI or EP 20 1. Required unless the test material is a gas or highly volatile (vapor pressure >10 torr (mm/Hg)). 2. Required unless the test material is corrosive to skin or has pH <2 or >11.5. 3. Required when the pesticide, under conditions of use, would result in respirable material (e.g., gas, volatile substance or aerosol/particulate), unless it is a straight chain lepidopteran pheromone. 4. Required if repeated contact with human skin is likely to occur under conditions of use. 5. Hypersensitivity incidents must be reported as adverse effects data. 6. Required for non-food uses that are likely to result in repeated oral exposure to humans. 7. Required to support uses involving purposeful application to the human skin or which would result in comparable prolonged human exposure to the product (e.g., insect repellents) and if any of the following criteria are met: i. Data from a 90-day oral study are not required. ii. The active ingredient is known or expected to be metabolized differently by the dermal route of exposure than by the oral route and the metabolite is of toxicological concern. iii. The use pattern is such that the dermal route would be the primary route of exposure. 8. Required if there is a likelihood of signi�cant levels of repeated inhalation exposure to the pesticide as a gas, vapor, or aerosol. 9. Required if the use of the product under widespread and commonly recognized practice may reasonably be expected to result in signi�cant exposure to female humans (e.g., occupational exposure or repeated application of insect repellents directly to the skin). Tier II data is required on a different test species from Tier I data when developmental effects are observed in the �rst study and information on species-to-species extrapolation is needed. 10. Required to support nonfood uses if either: i. The use is likely to result in signi�cant human exposure; or (e) Test notes. The following test notes are applicable to the data requirements for biochemical pesticides human health assessment as referenced in the last column of the table in paragraph (d) of this section. −4 Guideline Number Data Requirement Use Patterns Test Substance Test Notes Food Nonfood MP EP https://www.ecfr.gov/current/title-40/section-158.2050#p-158.2050(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 73/137 ii. The active ingredient (or its metabolites) is structurally related to a known mutagen or belongs to any chemical class of compounds containing a known mutagen. Additional mutagenicity tests that may have been performed plus a complete reference list must also be submitted. Subsequent testing may be required based on the available evidence. 11. Choice of assay using either: i. Mouse lymphoma L5178Y cells, thymidine kinase (tk) gene locus, maximizing assay conditions for small colony expression or detection; ii. Chinese hamster ovary (CHO) or Chinese hamster lung �broblast (V79) cells, hypoxanthine-guanine phosphoribosyl transferase (hgprt) gene locus, accompanied by an appropriate in vitro test for clastogenicity; or iii. CHO cells strains AS52, xanthine-guanine phosphoribosyl transferase (xprt) gene locus. 12. Required if there are effects on hematology, clinical chemistry, lymphoid organ weights, and histopathology are observed in the 90-day studies. 13. The micronucleus rodent bone marrow assay is preferred; however, rodent bone marrow assays using metaphase analysis (aberrations) are acceptable. 14. Required if adverse effects are observed in the Tier II immunotoxicity study. The protocol for evaluating adverse effects to the immune response should be developed after evaluating the effects noted in the immunotoxicity study. 15. These data are required when the data used for the human health assessment indicates that the biochemical may pose a potential hazard to the applicator/user. 16. Required if there is evidence of: i. Endocrinological effects from the subchronic toxicity studies. ii. Developmental effects in the prenatal developmental toxicity study(s), or iii. Genotoxicity to mammals based on results from the mutagenicity tests. The use of a combined study that utilizes the two-generation reproduction study in rodents (guideline 870.3800) as a basic protocol for the addition of other endpoints or functional assessments in the immature animal is encouraged. 17. Required if the potential for adverse chronic effects is indicated based on any of the following: i. The subchronic effect level established in the following Tier I studies: 90-day oral toxicity study, 90-day dermal toxicity study, or 90-day inhalation toxicity study. ii. The pesticide use pattern (e.g., rate, frequency, and site of application). iii. The frequency and level of repeated human exposure that is expected. 18. Required if the product meets either of the following criteria: i. The active ingredient (or any of its metabolites, degradation products, or impurities) produce(s) in Tier I subchronic studies a morphologic effect (e.g., hyperplasia or metaplasia) in any organ that potentially could lead to neoplastic change. ii. Adverse cellular effects suggesting carcinogenic potential are observed in Tier II immunotoxicity and Tier III immune response study or in Tier II mammalian mutagenicity assays. 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 74/137 In addition, a 90-day range �nding study in both rats and mice is required to determine the dose levels if carcinogenicity studies are required. If the mouse carcinogenicity study is not required, the 90-day mouse subchronic study is likewise not required. 19. Required if results from lower tiered mutation or reproductive studies indicate there is potential for chromosomal aberration to occur. 20. May be required if the product's use will result in exposure to domestic animals through, but not limited to, direct application or consumption of treated feed. § 158.2060 Biochemical pesticides nontarget organisms and environmental fate data requirements table. Table - Biochemical Pesticides Nontarget Organisms and Environmental Fate Data Requirements (a) General. (1) Sections 158.100 through 158.130 describe how to use this table to determine the terrestrial and aquatic nontarget organisms and fate data requirements for a particular biochemical pesticide product. Notes that apply to an individual test including speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. In general, for all outdoor end-use products including turf, the following studies are required: one avian acute oral, one avian dietary, one acute freshwater �sh, one acute freshwater invertebrate study, plant toxicity testing, and a honeybee acute contact study. (2) The data in this section are not required for arthropod pheromones when applied at up to a maximum use rate of 150 grams active ingredient/acre/year except when the product is expected to be available to avian species (i.e., granular formulation). (b) Use patterns. The terrestrial use pattern includes products classi�ed under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood/nonfeed crop. The greenhouse use pattern includes products classi�ed under the general use patterns of greenhouse food crop and greenhouse nonfood crop. The indoor use pattern includes products classi�ed under the general use patterns of indoor food and nonfood use. The remaining terrestrial uses include: forestry and residential outdoor use. Data are also required for the general use patterns of aquatic food and nonfood crop use. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; Residue of concern = the active ingredient and its metabolites, degradates, and impurities of toxicological concern; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (e) of this section, and apply to the individual tests in the following table: (d) Table. The following table shows the data requirements for biochemical pesticides nontarget organisms and environmental fate. The test notes are shown in paragraph (e) of this section. Tier I Avian Testing Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Fo Re OFood/Feed/Nonfood Food/Nonfood Food/Nonfood Tier I Avian Testing Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Fo Re OFood/Feed/Nonfood Food/Nonfood Food/Nonfood https://www.ecfr.gov/current/title-40/section-158.2060#p-158.2060(e) https://www.ecfr.gov/current/title-40/section-158.2060#p-158.2060(e) https://www.ecfr.gov/current/title-40/section-158.2060#p-158.2060(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 75/137 850.2100 Avian acute oral toxicity R R CR R 850.2200 Avian dietary toxicity R R CR R Aquatic Organism Testing 850.1075 Fish acute toxicity, freshwater R R CR R 850.1010 Aquatic invertebrate acute toxicity, freshwater R R CR R Nontarget Plant Testing 850.4100 Terrestrial Plant Toxicity, Seedling emergence R R NR R 850.4150 Terrestrial Plant Toxicity, Vegetative vigor R R NR R Insect Testing 880.4350 Nontarget Insect Testing R R R R Tier II Environmental Fate Testing 163-1 (835.1230) Sediment and soil adsorption/desorption for parent and degradates CR CR CR CR 163-1 (835.1240) Soil column leaching CR CR CR CR 163-2 (835.1410) Laboratory volatilization from soil CR NR CR CR Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Fo Re OFood/Feed/Nonfood Food/Nonfood Food/Nonfood 850.2100 Avian acute oral toxicity R R CR R 850.2200 Avian dietary toxicity R R CR R Aquatic Organism Testing 850.1075 Fish acute toxicity, freshwater R R CR R 850.1010 Aquatic invertebrate acute toxicity, freshwater R R CR R Nontarget Plant Testing 850.4100 Terrestrial Plant Toxicity, Seedling emergence R R NR R 850.4150 Terrestrial Plant Toxicity, Vegetative vigor R R NR R Insect Testing 880.4350 Nontarget Insect Testing R R R R Tier II Environmental Fate Testing 163-1 (835.1230) Sediment and soil adsorption/desorption for parent and degradates CR CR CR CR 163-1 (835.1240) Soil column leaching CR CR CR CR 163-2 (835.1410) Laboratory volatilization from soil CR NR CR CR Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Fo Re OFood/Feed/Nonfood Food/Nonfood Food/Nonfood 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 76/137 161-1 (835.2120) Hydrolysis CR CR CR CR 161-1 (835.4100) Aerobic soil metabolism CR NR CR CR 161-2 (835.2240) Photodegradation in water CR CR CR CR 161-3 (835.2410) Photodegradation on soil CR NR CR CR 162-2 (835.4200) Anaerobic soil metabolism CR NR NR NR 162-4 (835.4300) Aerobic aquatic metabolism CR CR CR CR 162-3 (835.4400) Anaerobic aquatic metabolism CR CR NR NR 880.4425 Dispenser - water leaching CR NR CR CR Nontarget Plant 850.4225 Seedling emergence R R NR R 850.4250 Vegetative vigor R R NR R Tier III Aquatic Fauna Chronic, Life Cycle, and Field Studies 850.1300 850.1400 850.1500 Freshwater �sh/invertebrate testing CR CR NR CR 850.1025 850.1035 850.1045 850.1055 850.1350 850.1400 850.1500 Marine/Estuarine �sh/invertebrate animal testing CR CR NR CR Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Fo Re OFood/Feed/Nonfood Food/Nonfood Food/Nonfood 161-1 (835.2120) Hydrolysis CR CR CR CR 161-1 (835.4100) Aerobic soil metabolism CR NR CR CR 161-2 (835.2240) Photodegradation in water CR CR CR CR 161-3 (835.2410) Photodegradation on soil CR NR CR CR 162-2 (835.4200) Anaerobic soil metabolism CR NR NR NR 162-4 (835.4300) Aerobic aquatic metabolism CR CR CR CR 162-3 (835.4400) Anaerobic aquatic metabolism CR CR NR NR 880.4425 Dispenser - water leaching CR NR CR CR Nontarget Plant 850.4225 Seedling emergence R R NR R 850.4250 Vegetative vigor R R NR R Tier III Aquatic Fauna Chronic, Life Cycle, and Field Studies 850.1300 850.1400 850.1500 Freshwater �sh/invertebrate testing CR CR NR CR 850.1025 850.1035 850.1045 850.1055 850.1350 850.1400 850.1500 Marine/Estuarine �sh/invertebrate animal testing CR CR NR CR Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Fo Re OFood/Feed/Nonfood Food/Nonfood Food/Nonfood 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 77/137 1. Required for the EP when any end-use formulation may contain other ingredients that may be toxic to nontarget organisms or to support arthropod pheromones that would be available to avian wildlife, (e.g., a granular product). 2. Tests for pesticides intended solely for indoor application would be required on a case-by-case basis, depending on use pattern, physical/chemical properties, production volume, and other pertinent factors. 3. Not required for any use groups if the pesticide is highly volatile (estimated volatility >5 × 10 atm m /mol). 4. Preferred test species are Upland game, waterfowl, or passerine for avian acute oral toxicity studies; Upland game and waterfowl for avian dietary studies; and coldwater �sh species for acute freshwater �sh studies. 5. Required for the EP when the end-use formulation may contain other ingredients that may be toxic to nontarget organisms. 6. Required on a case-by-case basis when results from Tier I studies indicate adverse effects. 850.1950 Aquatic �eld �sh/invertebrate testing CR CR NR CR Terrestrial Wildlife 850.2300 Avian Reproduction CR CR NR CR 850.2400 Wild mammal acute toxicity CR CR NR CR 850.2500 Terrestrial �eld testing CR CR NR CR Bene�cial Insects 850.3040 Field testing for Pollinators CR CR NR CR Nontarget Plants 850.4225 850.4250 850.4300 850.4450 Nontarget plant CR CR NR CR Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Fo Re OFood/Feed/Nonfood Food/Nonfood Food/Nonfood 850.1950 Aquatic �eld �sh/invertebrate testing CR CR NR CR Terrestrial Wildlife 850.2300 Avian Reproduction CR CR NR CR 850.2400 Wild mammal acute toxicity CR CR NR CR 850.2500 Terrestrial �eld testing CR CR NR CR Bene�cial Insects 850.3040 Field testing for Pollinators CR CR NR CR Nontarget Plants 850.4225 850.4250 850.4300 850.4450 Nontarget plant CR CR NR CR Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Fo Re OFood/Feed/Nonfood Food/Nonfood Food/Nonfood (e) Test notes. The following test notes are applicable to the data requirements for biochemical pesticides nontarget organisms and environmental fate as referenced in the last column of the table contained in paragraph (d) of this section. −5 3 https://www.ecfr.gov/current/title-40/section-158.2060#p-158.2060(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 78/137 7. Required when results of any one or more of the nontarget organism studies in Tier I indicate potential adverse effects on nontarget organisms and the pesticide is to be applied on land. In view of methdological di�culties with the study of photodegradation in air, prior consultation with the Agency regarding the protocol is recommended before the test is performed. 8. Required when results of any one or more of the nontarget organism studies in Tier I indicate potential adverse effects on nontarget organisms and the pesticide is to be applied in a passive dispenser. 9. Required to support registration of known phytotoxicants, i.e., herbicides, desiccants, defoliants, and plant growth regulators. 10. Required if environmental fate characteristics indicate that the estimated environmental concentration of the pesticide in the aquatic environment is >0.01 of any EC or LC determined in the aquatic nontarget organism testing. 11. Required if either of the following criteria are met: i. Environmental fate characteristics indicate that the estimated concentration of the pesticide in the terrestrial environment is >0.20 the avian dietary LC or equal to >0.20 the avian oral single dose LD (converted to ppm). ii. The pesticide or any of its metabolites or degradation products are stable in the environment to the extent that potentially toxic amounts may persist in the avian or mammalian feed. 12. Required when results of Tier I nontarget organism studies indicate potential adverse effects on nontarget insects and results of Tier II tests indicate exposure of nontarget insects. Additional insect species may have to be tested if necessary to address issues raised by use patterns and potential exposure of important nontarget insect species, (e.g., threatened or endangered species). 13. Required if the product is expected to be transported from the site of application by air, soil, or water. The extent of movement would be determined by the results of the Tier II environmental fate studies. 14. Required depending on pesticide mode of action, method and timing of application, and results of any available e�cacy data. Typically the honeybee acute toxicity guideline (guideline 850.3020) satis�es this requirement, however, additional nontarget insect species may have to be tested if necessary to address issues raised by use patterns and potential exposure of important nontarget insect species, (e.g., endangered species.) § 158.2070 Biochemical pesticides product performance data requirements. Product performance data must be developed for all biochemical pesticides. However, the Agency typically does not require applicants to submit such e�cacy data unless the pesticide product bears a claim to control public health pests, such as pest microorganisms infectious to man in any area of the inanimate environment or a claim to control vertebrates (including but not limited to: rodents, birds, bats, canids, and skunks) or invertebrates (including but not limited to: mosquitoes and ticks) that may directly or indirectly transmit diseases to humans. However, each registrant must ensure through testing that his products are e�cacious when used in accordance with label directions and commonly accepted pest control practices. The Agency reserves the right to require, on a case-by-case basis, submission of e�cacy data for any pesticide product registered or proposed for registration. § 158.2080 Experimental use permit data requirements - biochemical pesticides. 50 50 50 50 (a) Sections 158.2081 through 158.2084 describe the experimental use permit (EUP) data requirements for biochemical pesticides. Variations in the test conditions are identi�ed within the test notes. De�nitions that apply to all biochemical data requirements can be found in § 158.2000. (b) For general information on the data requirement tables, see § 158.2010(b)-(f). https://www.ecfr.gov/current/title-40/section-158.2000 https://www.ecfr.gov/current/title-40/section-158.2010#p-158.2010(b) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 79/137 § 158.2081 Experimental use permit biochemical pesticides product chemistry data requirements table. Table - EUP Biochemical Pesticides Product Chemistry Data Requirements Product Identity and Composition 880.1100 Product identity and composition R TGAI, MP TGAI, EP 1, 2 880.1200 Description of starting materials, production and formulation process R TGAI, MP TGAI, EP 2, 3 880.1400 Discussion of formation of impurities R TGAI and MP TGAI and EP 4 Analysis and Certi�ed Limits 830.1700 Preliminary analysis CR TGAI and MP TGAI and EP 5, 8 830.1750 Certi�ed limits R MP EP 6 830.1800 Enforcement analytical method R MP EP 7 Physical and Chemical Characteristics 830.6302 Color R TGAI TGAI 8 (a) General. (1) Sections 158.100 through 158.130 describe how to use this table to determine the product chemistry data requirements for a particular biochemical pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of the section. (2) Depending on the results of the required product chemistry studies, appropriate use restrictions, labeling requirements, or special packaging requirements may be imposed. (b) Use patterns. Product chemistry data are required for all pesticide products and are not use speci�c. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; Residue of concern = the active ingredient and its metabolites, degradates, and impurities of toxicological concern; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (e) of this section, and apply to the individual tests in the following table: (d) Table. The following table shows the data requirements for experimental use permit biochemical pesticides product chemistry. The test notes are shown in paragraph (e) of this section. Guideline Number Data Requirement All Use Patterns Test Substance Test NotesMP EP https://www.ecfr.gov/current/title-40/section-158.2081#p-158.2081(e) https://www.ecfr.gov/current/title-40/section-158.2081#p-158.2081(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 80/137 830.6303 Physical state R TGAI and MP TGAI and EP 8 830.6304 Odor R TGAI TGAI 8 830.6313 Stability to normal and elevated temperatures, metals and metal ions R TGAI TGAI 8, 17 830.6315 Flammability CR MP EP 9 830.6317 Storage stability R MP EP 830.6319 Miscibility CR MP EP 10 830.6320 Corrosion characteristics R MP EP 830.7000 pH CR TGAI and MP TGAI and EP 8, 11 830.7050 UV/Visible light absorption R TGAI TGAI 830.7100 Viscosity CR MP EP 12 830.7200 Melting point/melting range CR TGAI TGAI 8, 13 830.7220 Boiling point/boiling range CR TGAI TGAI 8, 14 830.7300 Density/relative density/bulk density R TGAI and MP TGAI and EP 8, 18 830.7520 Particle size, �ber length, and diameter distribution CR TGAI TGAI 8, 15 830.7550 830.7560 830.7570 Partition coe�cient (n-Octanol /Water) CR TGAI TGAI 16 830.7840 Water solubility R TGAI TGAI 8 830.7950 Vapor pressure R TGAI TGAI 8, 19 1. Data must be provided in accordance with § 158.320. (e) Test notes. The following test notes are applicable to the data requirements for experimental use permit biochemical pesticides product chemistry and are referenced in the last column of the table in paragraph (d) of this section. Guideline Number Data Requirement All Use Patterns Test Substance Test NotesMP EP https://www.ecfr.gov/current/title-40/section-158.320 https://www.ecfr.gov/current/title-40/section-158.2081#p-158.2081(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 81/137 2. If the MP and EP are produced by an integrated formulation system (non-registered source), these data are also required on TGAI. 3. Data must be provided in accordance with § 158.325, § 158.330, and § 158.335. 4. Data must be provided in accordance with § 158.340. 5. Data must be provided in accordance with § 158.345. Also, required to support the registration of each manufacturing-use product (including registered TGAIs) and end-use products produced by an integrated formulation system. Data on other end-use products would be required on a case-by-case basis. For pesticides in the production stage, a preliminary product analytical method and data would su�ce to support an experimental use permit. 6. Data must be provided in accordance with § 158.350. 7. Data must be provided in accordance with § 158.355. 8. If the TGAI cannot be isolated, data are required on the practical equivalent of the TGAI. EP testing may also be appropriate. 9. Required if the product contains combustible liquids. 10. Required if the product is an emulsi�able liquid and is to be diluted with petroleum solvents. 11. Required if the test substance is soluble or dispersible in water. 12. Required if the product is a liquid. 13. Required when the technical chemical is a solid at room temperature. 14. Required when the technical chemical is a liquid at room temperature. 15. Required for water insoluble test substances (>10 g/l) and �brous test substances with diameter ≥0.1 µm. 16. Required for organic chemicals unless they dissociate in water or are partially or completely soluble in water. 17. Data on the stability to metals and metal ions is required only if the active ingredient is expected to come in contact with either material during storage. 18. True density or speci�c density are required for all test substances. Data on bulk density is required for MPs or EPs that are solid at room temperature. 19. Not required for salts. § 158.2082 Experimental use permit biochemical pesticides residue data requirements table. −6 (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the biochemical pesticides residue data requirements for a particular pesticide product and the substance that needs to be tested. These data requirements apply to all biochemical pesticides, i.e., naturally occurring insect repellents and attractants, semiochemicals (e.g., insect pheromones), natural and plant growth regulators. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. https://www.ecfr.gov/current/title-40/section-158.325 https://www.ecfr.gov/current/title-40/section-158.330 https://www.ecfr.gov/current/title-40/section-158.335 https://www.ecfr.gov/current/title-40/section-158.340 https://www.ecfr.gov/current/title-40/section-158.345 https://www.ecfr.gov/current/title-40/section-158.350 https://www.ecfr.gov/current/title-40/section-158.355 https://www.ecfr.gov/current/title-40/section-158.2082#p-158.2082(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 82/137 Table - EUP Biochemical Pesticides Residue Data Requirements Supporting Information 860.1100 Chemical identity CR CR CR CR TGAI 1, 2, 4 860.1200 Directions for use CR CR CR CR - 1, 3, 4 Nature of Residue 860.1300 Nature of the residue in plants CR CR CR CR TGAI 1, 4, 5, 6 860.1300 Nature of the residue in livestock CR CR CR CR TGAI or plant metabolite 1, 7, 8, 9, 13 Magnitude of the Residue 860.1400 Potable water NR CR NR NR TGAI 1, 11 860.1400 Fish NR CR NR NR TGAI 1, 12 860.1400 Irrigated crops NR CR NR NR TGAI 1, 13 860.1460 Food handling NR NR NR CR TGAI 1, 14 (1) Data are required or conditionally required for all pesticides used in or on food and for residential outdoor uses where food crops are grown. Food use patterns include products classi�ed under the general use patterns of terrestrial food crop use, terrestrial feed crop use, aquatic food crop use, greenhouse food crop use, and indoor food use. Data are also conditionally required for aquatic nonfood use if there is direct application to water that could subsequently result in exposure to food. (2) Data are conditionally required for nonfood uses if pesticide residues may occur in food or feed as a result of the use. Data requirements for these nonfood uses would be determined on a case-by-case basis. For example, most products used in or near kitchens require residue data for risk assessment purposes even though tolerances may not be necessary in all cases. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing end-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; Residue of concern = the active ingredient and its metabolites, degradates,and impurities of toxicological concern. All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (e) of this section, and apply to the individual tests in the following table: (d) Data table. The following table shows the data requirements for biochemical pesticides residue. The test notes are shown in paragraph (e) of this section. Guideline Number Data Requirement Use Patterns Test Substance Test Notes Terrestrial Aquatic Greenhouse Food Indoor FoodFood/Feed Food https://www.ecfr.gov/current/title-40/section-158.2082#p-158.2082(e) https://www.ecfr.gov/current/title-40/section-158.2082#p-158.2082(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 83/137 860.1480 Meat/milk/poultry/eggs CR CR CR CR TGAI or plant metabolites 1, 7, 8, 9 860.1500 Crop �eld trials CR CR CR CR TEP 1, 3, 4 860.1520 Processed food/feed CR CR CR CR TEP 1, 15 860.1540 Anticipated residues CR CR CR CR Residue of concern 1, 9, 16 860.1550 Proposed tolerances CR CR CR CR - 1, 17 860.1560 Reasonable grounds in support of the petition CR CR CR CR - 1, 9 860.1650 Submittal of analytical reference standards CR CR CR CR TGAI and residue of concern 9, 18 1. Residue chemistry data requirements apply to biochemical pesticide products when Tier II or Tier III toxicology data are required, as speci�ed for biochemical agents in the biochemical human health assessment data requirements, § 158.2050. 2. The same chemical identity data are required for biochemical product chemistry data requirements,§ 158.2030 with an emphasis on impurities. 3. Required information includes crops to be treated, rate of application, number and timing of applications, preharvest intervals, and relevant restrictions. 4. Required for residential outdoor uses on food crops if the corresponding agricultural use is not approved or the residential use is expected to produce higher residues based on the label directions. 5. Required unless it is an arthropod pheromone applied at a rate less than or equal to 150 grams active ingredient per acre. 6. Required for indoor uses where the pesticide is applied directly to food, in order to determine metabolites and/or degradates. Not required when only indirect contact with food would occur (e.g., crack and crevice treatments). 7. Required when a pesticide is to be applied directly to livestock, to livestock premises, to livestock drinking water, or to crops used for livestock feed. If results from the plant metabolism study show differing metabolites in plants form those found in animals, an additional livestock metabolism study involving dosing with the plant metabolite(s) may also be required. (e) Test notes. The following test notes are applicable to the data requirements for biochemical pesticides product chemistry and are referenced referenced in the last column of the table contained in paragraph (d) of this section. Guideline Number Data Requirement Use Patterns Test Substance Test Notes Terrestrial Aquatic Greenhouse Food Indoor FoodFood/Feed Food https://www.ecfr.gov/current/title-40/section-158.2050 https://www.ecfr.gov/current/title-40/section-158.2030 https://www.ecfr.gov/current/title-40/section-158.2082#p-158.2082(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 84/137 8. Livestock feeding studies are required whenever a pesticide residue is present in livestock feed or when direct application to livestock uses occurs. 9. Required if indoor use could result in pesticide residues in or on food or feed. 10. Data are required to determine whether FDA/USDA multiresidue methodology would detect and identify the pesticides and any metabolites. 11. Data are required whenever a pesticide may be applied directly to water, unless it can be demonstrated that the treated water would not be available for human or livestock consumption. 12. Data on �sh are required for all pesticides applied directly to water inhabited, or which will be inhabited, by �sh that may be caught or harvested for human consumption. 13. Data are required when a pesticide is to be applied directly to water that could be used for irrigation or to irrigation facilities such as irrigation ditches. 14. Data are required whenever a pesticide may be used in food/feed handling establishments. 15. Data on the nature and level of residue in processed food/feed are required when detectible residues could potentially concentrate on processing thus requiring the establishment of a separate tolerance higher than that of the raw agricultural commodity. 16 Anticipated residue data are required when the assumption of tolerance level residues would result in predicted exposure at an unsafe level of exposure. Data, using single serving samples of a raw agricultural commodity, on the level or residue in food as consumed would be used to obtain a more precise estimate of potential dietary exposure. These data may also include washing, cooking, processing or degradation studies as well as market basket surveys for a more precise residue determination. 17. The proposed tolerance must re�ect the maximum residue likely to occur in crops, in meat, milk, poultry, or eggs. 18. Required when a residue analytical method is required. § 158.2083 Experimental use permit biochemical pesticides human health assessment data requirements table. (a) General. (1) Sections 158.100 through 158.130 describe how to use this table to determine the human health assessment data requirements for a particular biochemical pesticide product. (2) The data in this section are not required for straight chain lepidopteran pheromones when applied up to a maximum use rate of 150 grams active ingredient/acre/year. (b) Use patterns. (1) Food use patterns, in general, include products classi�ed under the following general uses: terrestrial food crop use; terrestrial feed crop use; aquatic food crop use; greenhouse food crop use. (2) Nonfood use patterns include products classi�ed under the general use patterns of terrestrial nonfood crop use; aquatic nonfood residential use; aquatic nonfood outdoor use; aquatic nonfood industrial use; greenhouse nonfood crop use; forestry use; residential outdoor use; residential indoor use; indoor food use; indoor nonfood use; indoor medical use. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; Residue of concern = the active ingredient and its metabolites, degradates, and impurities of 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 85/137 Table - EUP Biochemical Pesticides Human Health Assessment Data Requirements Tier I Acute Testing 870.1100 Acute oral toxicity - rat R R TGAI and MP TGAI and EP 1 870.1200 Acute dermal toxicity R R TGAI and MP TGAI and EP 1, 2 870.1300 Acute inhalation toxicity - rat R R TGAI and MP TGAI and EP 3 870.2400 Primary eye irritation - rabbit R R TGAI and MP TGAI and EP 2 870.2500 Primary dermal irritation R R TGAI and MP TGAI and EP 1, 2 none Hypersensitivity incidents R R All All 4 Subchronic Testing 870.3100 90-day oral (one species) R NR TGAI TGAI Developmental Toxicity 870.3700 Prenatal developmental - rat preferably R CR TGAI TGAI 5 Mutagenicity Testing 870.5100 Bacterial reverse mutation test R CR TGAI TGAI 6 870.5300 In vivo mammalian cell assay R CR TGAI TGAI 6, 7 Tier II Developmental Toxicity toxicological concern; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (e) of this section, and apply to the individual tests in the following table: (d) Table. The following table shows the data requirements for experimental use permit biochemical pesticides human health assessment. The test notes are shown in paragraph (e) of this section. Guideline Number Data Requirement Use Patterns Test Substance Test NotesFood Nonfood MP EP https://www.ecfr.gov/current/title-40/section-158.2083#p-158.2083(e) https://www.ecfr.gov/current/title-40/section-158.2083#p-158.2083(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 86/137 870.3700 Prenatal developmental CR CR TGAI TGAI 5 1. Required unless the test material is a gas or highly volatile (vapor pressure >10 torr (mm/Hg)). 2. Required unless the test material is corrosive to skin or has pH <2 or >11.5. 3. Required when the pesticide, under conditions of use, would result in respirable material (e.g., gas, volatile substance or aerosol/particulate), unless it is a straight chain lepidopteran pheromone. 4. Hypersensitivity incidents must be reported as adverse effects data. 5. Required if the use of the product under widespread and commonly recognized practice may reasonably be expected to result in signi�cant exposure to female humans (e.g., occupational exposure or repeated application of insect repellents directly to the skin). Tier II data is required on a different test species from Tier I data when developmental effects are observed in the �rst study and information on species-to-species extrapolation is needed. 6. Required to support nonfood uses if either: i. The use is likely to result in signi�cant human exposure; or ii. The active ingredient (or its metabolites) is structurally related to a known mutagen or belongs to any chemical class of compounds containing a known mutagen. Additional mutagenicity tests that may have been performed plus a complete reference list must also be submitted. Subsequent testing may be required based on the available evidence. 7. Choice of assay using either: i. Mouse lymphoma L5178Y cells, thymidine kinase (tk) gene locus, maximizing assay conditions for small colony expression or detection; ii. Chinese hamster ovary (CHO) or Chinese hamster lung �broblast (V79) cells, hypoxanthine-guanine phosphoribosyl transferase (hgprt) gene locus, accompanied by an appropriate in vivo test for clastogenicity; or iii. CHO cells strains AS52, xanthine-guanine phosphoribosyl transferase (xprt) gene locus. § 158.2084 Experimental use permit biochemical pesticides nontarget organisms and environmental fate data requirements table. (e) Test notes. The following test notes are applicable to the data requirements for experimental use permit biochemical pesticides human health assessment as referenced in the last column of the table in paragraph (d) of this section. −4 (a) General. (1) Sections 158.100 through 158.130 describe how to use this table to determine the terrestrial and aquatic nontarget organisms and fate data requirements for a particular biochemical pesticide product. Notes that apply to an individual test including speci�c conditions, quali�cations, or Guideline Number Data Requirement Use Patterns Test Substance Test NotesFood Nonfood MP EP https://www.ecfr.gov/current/title-40/section-158.2083#p-158.2083(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 87/137 Table - EUP Biochemical Pesticides Nontarget Organisms and Environmental Fate Data Requirements exceptions to the designated test are listed in paragraph (e) of this section. In general, for all outdoor end-use products including turf, the following studies are required: one avian acute oral, one avian dietary, one acute freshwater �sh, and one acute freshwater invertebrate study. (2) The data in this section are not required for arthropod pheromones when applied at up to a maximum use rate of 150 grams active ingredient/acre/year except when the product is expected to be available to avian species (i.e., granular formulation). (b) Use patterns. The terrestrial use pattern includes products classi�ed under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood/nonfeed crop. The greenhouse use pattern includes products classi�ed under the general use patterns of greenhouse food crop and greenhouse nonfood crop. The indoor use pattern includes products classi�ed under the general use patterns of indoor food and nonfood use. The remaining terrestrial uses include forestry and residential outdoor use. Data are also required for the general use patterns of aquatic food and nonfood crop use. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; Residue of concern = the active ingredient and its metabolites, degradates, and impurities of toxicological concern; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (e) of this section, and apply to the individual tests in the following table: (d) Table. The following table shows the data requirements for experimental use permit biochemical pesticides nontarget organisms and environmental fate. The test notes are shown in paragraph (e) of this section. Tier I Avian Testing 850.2100 Avian acute oral toxicity R R NR R 850.2200 Avian dietary toxicity R R NR R Aquatic Organism Testing 850.1075 Fish acute toxicity, freshwater R R NR R Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Forestry, Residential OutdoorFood/Feed/Nonfood Food/Nonfood Food/Nonfood Tier I Avian Testing 850.2100 Avian acute oral toxicity R R NR R 850.2200 Avian dietary toxicity R R NR R Aquatic Organism Testing 850.1075 Fish acute toxicity, freshwater R R NR R Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Forestry, Residential OutdoorFood/Feed/Nonfood Food/Nonfood Food/Nonfood https://www.ecfr.gov/current/title-40/section-158.2084#p-158.2084(e) https://www.ecfr.gov/current/title-40/section-158.2084#p-158.2084(e) https://www.ecfr.gov/current/title-40/section-158.2084#p-158.2084(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 88/137 1. Required for the EP when any end-use formulation may contain other ingredients that may be toxic to nontarget organisms or to support arthropod pheromones that would be available to avian wildlife, (e.g., a granular product). 2. Not required for any use groups if the pesticide is highly volatile (estimated volatility >5 × 10 atm m /mol). 3. Preferred test species are: upland game, waterfowl, or passerine for avian acute oral toxicity studies; upland game or waterfowl for avian dietary studies; and coldwater �sh for acute freshwater �sh studies. 4. Required for the EP when the end-use formulation may contain other ingredients that may be toxic to nontarget organisms. Subpart V - Microbial Pesticides Source: 72 FR 61002, Oct. 26, 2007, unless otherwise noted. § 158.2100 Microbial pesticides de�inition and applicability. 850.1010 Aquatic invertebrate acute toxicity, freshwater R R NR R Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Forestry, Residential OutdoorFood/Feed/Nonfood Food/Nonfood Food/Nonfood 850.1010 Aquatic invertebrate acute toxicity, freshwater R R NR R Guideline Number Data Requirement Use Patterns Terrestrial Aquatic Greenhouse Forestry, Residential OutdoorFood/Feed/Nonfood Food/Nonfood Food/Nonfood (e) Test notes. The following test notes are applicable to the data requirements for experimental use permit biochemical pesticides nontarget organisms and environmental fate as referenced in the last column of the table contained in paragraph (d) of this section. −5 3 (a) This subpart applies to all living or dead microbial pesticides as described in paragraphs (b) and (c) of this section. (b) De�nition. Microbial pesticide is a microbial agent intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, that: (1) Is a eucaryotic microorganism including, but not limited to, protozoa, algae, and fungi; (2) Is a procaryotic microorganism, including, but not limited to, Eubacteria and Archaebacteria; or (3) Is a parasitically replicating microscopic element, including, but not limited to, viruses. (c) Applicability. (1) This subpart applies to microbial pesticides as speci�ed in paragraphs (c)(2), (c)(3), and (c)(4) of this section. (2) Each new isolate of a microbial pesticide is a new active ingredient and must be registered independently of any similarly designated and already registered microbial pesticide active ingredient. Each new isolate for which registration is sought must have a unique identi�er https://www.ecfr.gov/current/title-40/section-158.2084#p-158.2084(d) https://www.ecfr.gov/current/title-40/section-158.2100#p-158.2100(b) https://www.ecfr.gov/current/title-40/section-158.2100#p-158.2100(c) https://www.ecfr.gov/current/title-40/section-158.2100#p-158.2100(c)(2) https://www.ecfr.gov/current/title-40/section-158.2100#p-158.2100(c)(3) https://www.ecfr.gov/current/title-40/section-158.2100#p-158.2100(c)(4) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 89/137 [72 FR 61002, Oct. 26, 2007, as amended at 77 FR 52612, Aug. 30, 2012] § 158.2110 Microbial pesticides data requirements. § 158.2120 Microbial pesticides product analysis data requirements table. following the taxonomic name of the microorganism, and the registration application must be supported by data required in this subpart. This does not preclude the possibility of using data from another isolate, provided su�cient similarity is established, to support registration. (3) Genetically modi�ed microbial pesticides may be subject to additional data or information requirements on a case-by-case basis depending on the particular microbial agent and/or its parental strains, the proposed pesticide use pattern, and the manner and extent to which the organism has been genetically modi�ed. (4) Pest control organisms such as insect predators, nematodes, and macroscopic parasites are exempt from the requirements of FIFRA as authorized by section 25(b) of FIFRA and speci�ed in § 152.20 (a) of this chapter. (a) For all microbial pesticides. (1) The following § 158.2120 through § 158.2150 identify the data requirements that are required to support registration of microbial pesticides. The variations in the test conditions are identi�ed within the test notes. (2) Each data table includes “use patterns” under which the individual data are required, with variations including all use patterns, food and nonfood uses for terrestrial and aquatic applications, greenhouse, indoor, forestry, and residential outdoor applications under certain circumstances. (3) The categories for each data requirement are “R,” which stands for required, and “CR” which stands for conditionally required. If a bracket appears around the “R” or “CR,” the data are required for both the registration and experimental use permit requests. Generally, “R” indicates that the data are more likely required than for those data requirements with “CR.” However, in each case, the regulatory text preceding the data table and the test notes following the data table must be used to determine whether the data requirement must be satis�ed. (4) Each table identi�es the test substance that is required to be tested to satisfy the data requirement. Test substances may include: technical grade active ingredient (TGAI), manufacturing-use product (MP), end-use product (EP), typical end-use product (TEP), residue of concern, and pure active ingredient (PAI) or all of the above (All). Commas between the test substances (i.e., TGAI, EP) indicate that data may be required on the TGAI or EP or both depending on the conditions set forth in the test note. Data requirements which list two test substances (i.e., TGAI and EP) indicate that both are required to be tested. Data requirements that list only MP as the test substance apply to products containing solely the technical grade of the active ingredient and manufacturing-use products to which other ingredients have been intentionally added. Data requirements listing the EP as the test substance apply to any EP with an ingredient in the end-use formulation other than the active ingredient that is expected to enhance the toxicity of the product. (b) Additional data requirements for genetically modi�ed microbial pesticides. Additional requirements for genetically modi�ed microbial pesticides may include but are not limited to: genetic engineering techniques used; the identity of the inserted or deleted gene segment (base sequence data or enzyme restriction map of the gene); information on the control region of the gene in question; a description of the “new” traits or characteristics that are intended to be expressed; tests to evaluate genetic stability and exchange; and selected Tier II environmental expression and toxicology tests. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the product analysis data requirements and the substance to be tested for a particular microbial pesticide. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are identi�ed in paragraph (d) of this section. https://www.federalregister.gov/citation/72-FR-61002 https://www.federalregister.gov/citation/77-FR-52612 https://www.ecfr.gov/current/title-40/section-152.20#p-152.20(a) https://www.ecfr.gov/current/title-40/section-158.2120 https://www.ecfr.gov/current/title-40/section-158.2150 https://www.ecfr.gov/current/title-40/section-158.2120#p-158.2120(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 90/137 Table - Microbial Pesticides Product Analysis Data Requirements Product Chemistry and Composition 885.1100 Product identity R MP EP 885.1200 Manufacturing process R TGAI and MP TGAI and EP 885.1250 Deposition of a sample in a nationally recognized culture collection R TGAI TGAI 1 885.1300 Discussion of formation of unintentional ingredients R TGAI and MP TGAI and EP Analysis and Certi�ed Limits 885.1400 Analysis of samples R TGAI and MP TGAI and EP 2 885.1500 Certi�cation of limits R MP EP Physical and Chemical Characteristics 830.6302 Color R TGAI TGAI 830.6303 Physical state R TGAI TGAI 830.6304 Odor R TGAI TGAI 830.6313 Stability to normal and elevated temperatures, metals, and metal ions R TGAI TGAI 830.6317 Storage stability R TGAI and MP TGAI and EP 830.6319 Miscibility R MP EP 3 (b) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. (c) Table. The table in this paragraph shows the data requirements for microbial pesticides product analysis. The test notes are shown in paragraph (d) of this section. Test guideline No. Data requirement All use patterns Test substance Test notesMP EP https://www.ecfr.gov/current/title-40/section-158.2120#p-158.2120(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 91/137 830.6320 Corrosion characteristics R MP EP 4 830.7000 pH R TGAI TGAI 830.7100 Viscosity R MP EP 5 830.7300 Density/relative density/bulk density (speci�c gravity) R TGAI TGAI 1. Required for each isolate of a microbial pesticide. Isolates must be deposited with an agreement to ensure that the sample will be maintained and will not be discarded for the duration of the associated registration(s). 2. Required to support registration of each manufacturing-use product and end-use product. This analysis must be conducted at the point in the production process after which there would be no potential for microbial contamination or microbial regrowth. For full registration, generally an analysis of samples is a compilation of batches, over a period of time, depending on the frequency of manufacturing. 3. Only required for emulsi�able liquid forms of microbial pesticides. 4. Required when microbial pesticides are packaged in metal, plastic, or paper containers. 5. Only required for liquid forms of microbial pesticides. [72 FR 61002, Oct. 26, 2007, as amended at 77 FR 52612, Aug. 30, 2012] § 158.2130 Microbial pesticides residue data requirements table. Table - Microbial Pesticides Residue Data Requirements 885.2100 Chemical Identity CR EP 1 (d) Test notes. The following test notes are applicable to the data requirements for microbial pesticides product analysis as referenced in the last column of the table contained in paragraph (c) of this section. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the residue chemistry data requirements and the substance to be tested for a particular microbial pesticide. Speci�c conditions, quali�cations, or exceptions to the designated test appear in paragraph (d) of this section, and the procedures appear in paragraph (e) of this section. (b) Key. R = required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (d) of this section, and apply to the individual tests in the following table: (c) Table. The following table shows the data requirements for microbial pesticides residue. The test notes are shown in paragraph (d) of this section. Test guideline No. Data requirement All use patterns Test substance Test notesMP EP Guideline Number Data Requirement All Use Patterns Test Substance Data to Support MP or EP Test Notes https://www.federalregister.gov/citation/72-FR-61002 https://www.federalregister.gov/citation/77-FR-52612 https://www.ecfr.gov/current/title-40/section-158.2120#p-158.2120(c) https://www.ecfr.gov/current/title-40/section-158.2130#p-158.2130(d) https://www.ecfr.gov/current/title-40/section-158.2130#p-158.2130(e) https://www.ecfr.gov/current/title-40/section-158.2130#p-158.2130(d) https://www.ecfr.gov/current/title-40/section-158.2130#p-158.2130(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 92/137 885.2200 Nature of the Residue in plants CR EP 1 885.2250 Nature of the Residue in animals CR EP 1 885.2300 Analytical methods - plants CR TGAI 1 885.2350 Analytical methods - animals CR TGAI 1 885.2400 Storage Stability CR EP 1 885.2500 Magnitude of residue in plants CR EP 1 885.2550 Magnitude of residues in meat, milk, poultry, eggs CR EP 1 885.2600 Magnitude of residues in potable water, �sh, and irrigated crops CR EP 1 1. Required when the results of testing: i. Indicate the potential to cause adverse human health effects or the product characterization indicates the microbial pesticide has a signi�cant potential to produce a mammalian toxin; and ii. The use pattern is such that residues may be present in or on food or feed crops. § 158.2140 Microbial pesticides toxicology data requirements table. Table - Microbial Pesticides Toxicology Data Requirements Tier I 885.3050 Acute oral toxicity/pathogenicity R TGAI 1 (d) Test notes. The following test note is applicable to the data requirements for microbial pesticides residue as referenced in the last column of the table contained in paragraph (c) of this section. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the toxicology data requirements for a particular pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (d) of this section. (b) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (d) of this section, and apply to the individual tests in the following table: (c) Table. The following table shows the data requirements for microbial pesticides toxicology. The test notes are shown in paragraph (d) of this section. Guideline Number Data Requirement All Use Patterns Test Substance Data to Support MP or EP Test Notes Guideline Number Data Requirement All Use Patterns Test Substance Test Notes https://www.ecfr.gov/current/title-40/section-158.2130#p-158.2130(c) https://www.ecfr.gov/current/title-40/section-158.2140#p-158.2140(d) https://www.ecfr.gov/current/title-40/section-158.2140#p-158.2140(d) https://www.ecfr.gov/current/title-40/section-158.2140#p-158.2140(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 93/137 885.3150 Acute pulmonary toxicity/pathogenicity R TGAI 885.3200 Acute injection toxicity/pathogenicity/(intravenous) Acute injection toxicity/pathogenicity/(intraperitoneal) R TGAI 2 885.3400 Hypersensitivity incidents R All 3 885.3500 Cell culture R TGAI 4 870.1100 Acute oral toxicity R MP , EP 1, 5 870.1200 Acute dermal toxicity R MP , EP 5 870.1300 Acute inhalation toxicity R MP , EP 5, 6 870.2400 Acute eye irritation R MP , EP 5 870.2500 Primary dermal irritation R MP , EP 5 Tier II 885.3550 Acute toxicology CR TGAI 7 885.3600 Subchronic toxicity/pathogenicity CR TGAI 8 Tier III 885.3650 Reproductive fertility effects CR TGAI 9, 13 870.4200 Carcinogenicity CR TGAI 10, 13 870.7800 Immunotoxicity CR TGAI 11, 13 885.3000 Infectivity/pathogenicity analysis CR TGAI 12, 13 1. The acute oral toxicity/pathogenicity study is required to support the TGAI. However, it can be combined with the unit dose portion of the acute oral toxicity study, with an EP or MP test material to ful�ll the requirement for the TGAI and the MP or EP in a single study, if the new protocol is designed to address the endpoints of concern. 2. Data not required for products whose active ingredient is a virus. For test materials whose size or consistency may prevent use of an intravenous injection, the intraperitoneal injection procedure may be employed. 3. Hypersensitivity incidents, including immediate type and delayed-type reactions of humans or domestic animals, occur during the testing or production of the TGAI, MP, or EP, or are otherwise known to the applicant must be reported if they occur. (d) Test notes. The following test notes are applicable to the data requirements for microbial pesticides toxicology as referenced in the last column of the table contained in paragraph (c) of this section: Guideline Number Data Requirement All Use Patterns Test Substance Test Notes https://www.ecfr.gov/current/title-40/section-158.2140#p-158.2140(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 94/137 4. Data must be submitted only for products whose active ingredient is a virus. 5. The 870 series studies for the MP and EP are intended to provide data on the acute toxicity of the product. Waivers for any or all of these studies may be granted when the applicant can demonstrate that the combination of inert ingredients is not likely to pose any signi�cant human health risks. Where appropriate, the limit dose approach to testing is recommended. 6. Required when the product consists of, or under conditions of use would result in, an inhalable material (e.g., gas, volatile substances, or aerosol particulate). 7. Data required when signi�cant toxicity, in the absence of pathogenicity and signi�cant infectivity, is observed in acute oral, injection, or pulmonary studies (Tier I). Route(s) of exposure correspond to route(s) where toxicity was observed in Tier I studies. The toxic component of the TGAI is to be tested. 8. Data required when signi�cant infectivity and/or unusual persistence is observed in the absence of pathogenicity or toxicity in Tier I studies. Routes of exposure (oral and/or pulmonary) correspond to routes in Tier I studies where adverse effects were noted. Data may also be required to evaluate adverse effects due to microbial contaminants or to toxic byproducts. 9. Data are required when one or more of the following criteria are met: i. Signi�cant infectivity of the microbial pest control agent (MPCA) was observed in test animals in the Tier II subchronic study and in which no signi�cant signs of toxicity or pathogenicity were observed. ii. The microbial pesticide is a virus which can persist or replicate in mammalian cell culture lines. iii. The microbial pesticide is not amenable to thorough taxonomic classi�cation, and is related to organisms known to be parasitic for mammalian cells. iv. The microbial pesticide preparation is not well puri�ed, and may contain contaminants which are parasitic for mammals. 10. Data may be required for products known to contain or suspected to contain carcinogenic viruses or for microbial components that are identi�ed as having signi�cant toxicity in Tier II testing. 11. Data may be required for products known to contain or suspected to contain viruses that can interact in an adverse manner with components of the mammalian immune system. 12. An analysis of human infectivity/pathogenicity potential using scienti�c literature, genomic analysis, and/or actual speci�c cell culture/animal data may be required for products known to contain or suspected of containing intracellular parasites of mammalian cells for products that exhibit pathogenic characteristics in Tier I and/or Tier II, for products which are closely related to known human pathogens based on the product analysis data, or for known human pathogens that have been “disarmed” or rendered non-pathogenic for humans. 13. Test standards may have to be modi�ed depending on the characteristics of the microorganism. Requirements may vary for these studies depending on the active ingredient being tested. Consultation with the Agency is advised before performing these Tier III studies. § 158.2150 Microbial pesticides nontarget organisms and environmental fate data requirements table. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the terrestrial and aquatic nontarget organisms data requirements for a particular microbial pesticide product. Notes that apply to an individual test including speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. https://www.ecfr.gov/current/title-40/section-158.2150#p-158.2150(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 95/137 Table - Microbial Pesticides Nontarget Organisms and Environmental Fate Data Requirements (b) Use patterns. Aquatic uses include: food and feed, nonfood uses (e.g., outdoor, residential, and industrial). Terrestrial uses include: Food, Feed, Non-Food, Forestry, Residential outdoor, greenhouse (food and food), Indoor (food and nonfood), and Industrial. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (e) of this section, and apply to the individual tests in the following table: (d) Table. The following table shows the data requirements for microbial pesticides nontarget organisms and environmental fate. The test notes are shown in paragraph (e) of this section. Tier I 885.4050 Avian oral toxicity R R R R R 885.4100 Avian inhalation toxicity/pathogenicity CR CR CR CR CR 885.4150 Wild mammal toxicity/pathogenicity CR CR CR CR CR 885.4200 Freshwater �sh toxicity/ pathogenicity R R R R CR 885.4240 Freshwater invertebrate toxicity/pathogenicity R R R R CR 885.4280 Estuarine/Marine �sh testing Estuarine and marine invertebrate testing CR CR CR CR CR 885.4300 Nontarget plant testing CR CR CR R CR 885.4340 Nontarget insect testing R R R R R 885.4380 Honey bee testing R R R R R Guideline Number Data Requirement Use Patter Aquatic Food/Feed Nonfood Food/Feed/Nonfood Forestry Res Ou Tier I 885.4050 Avian oral toxicity R R R R R 885.4100 Avian inhalation toxicity/pathogenicity CR CR CR CR CR 885.4150 Wild mammal toxicity/pathogenicity CR CR CR CR CR 885.4200 Freshwater �sh toxicity/ pathogenicity R R R R CR 885.4240 Freshwater invertebrate toxicity/pathogenicity R R R R CR 885.4280 Estuarine/Marine �sh testing Estuarine and marine invertebrate testing CR CR CR CR CR 885.4300 Nontarget plant testing CR CR CR R CR 885.4340 Nontarget insect testing R R R R R 885.4380 Honey bee testing R R R R R Guideline Number Data Requirement Use Patter Aquatic Food/Feed Nonfood Food/Feed/Nonfood Forestry Res Ou https://www.ecfr.gov/current/title-40/section-158.2150#p-158.2150(e) https://www.ecfr.gov/current/title-40/section-158.2150#p-158.2150(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 96/137 Tier II 885.5200 Terrestrial environmental expression tests CR CR CR CR CR 885.5300 Freshwater environmental expression tests CR CR CR CR CR 885.5400 Marine or estuarine environmental expression tests CR CR CR CR CR Tier III 885.4600 Avian chronic pathogenicity and reproduction test CR CR CR CR CR 885.4650 Aquatic invertebrate range testing CR CR CR CR CR 885.4700 Fish life cycle studies CR CR CR CR CR 885.4750 Aquatic ecosystem test CR CR CR CR CR Tier IV 850.2500 850.1950 Field testing for terrestrial wildlife and Field testing for aquatic organisms CR CR CR CR CR 850.2500 Simulated or actual �eld tests (birds, mammals) CR CR CR CR CR 850.1950 Simulated or actual �eld test (aquatic organisms) CR CR CR CR CR Guideline Number Data Requirement Use Patter Aquatic Food/Feed Nonfood Food/Feed/Nonfood Forestry Res Ou Tier II 885.5200 Terrestrial environmental expression tests CR CR CR CR CR 885.5300 Freshwater environmental expression tests CR CR CR CR CR 885.5400 Marine or estuarine environmental expression tests CR CR CR CR CR Tier III 885.4600 Avian chronic pathogenicity and reproduction test CR CR CR CR CR 885.4650 Aquatic invertebrate range testing CR CR CR CR CR 885.4700 Fish life cycle studies CR CR CR CR CR 885.4750 Aquatic ecosystem test CR CR CR CR CR Tier IV 850.2500 850.1950 Field testing for terrestrial wildlife and Field testing for aquatic organisms CR CR CR CR CR 850.2500 Simulated or actual �eld tests (birds, mammals) CR CR CR CR CR 850.1950 Simulated or actual �eld test (aquatic organisms) CR CR CR CR CR Guideline Number Data Requirement Use Patter Aquatic Food/Feed Nonfood Food/Feed/Nonfood Forestry Res Ou 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 97/137 1. Tests for pesticides intended solely for indoor application would be required on a case-by-case basis, depending on use pattern, production volume, and other pertinent factors. 2. The preferred species for the avian oral study is either the upland game or waterfowl. The preferred species for the avian inhalation toxicity/pathogenicity study and the avian chronic toxicity/pathogenicity study is the upland game. There is also the option to test the passerine if there is a concern. The coldwater �sh is preferred for freshwater �sh testing. However, two species (coldwater and warmwater �sh species are the preferred species) must be tested for uses involving direct freshwater exposure. Freshwater invertebrate testing is also required. 3. Data required when the nature of the microbial pesticide and/or its toxins indicates potential pathogenicity to birds. 4. Required on a case-by-case basis if results of tests required by § 158.2140 are inadequate or inappropriate for assessment of hazards to wild mammals. 5. Required when there will be signi�cant exposure to aquatic organisms (�sh and invertebrates). 6. Required if the product is intended for direct application into the estuarine or marine environment or expected to enter this environment in signi�cant concentrations because of expected use or mobility pattern. 7. Required if the microbial pesticide is taxonomically related to a known plant pathogen. 8. Data are not required unless an active microbial ingredient controls the target insect pest by a mechanism of infectivity; i.e., may create an epizootic condition in nontarget insects. 850.2500 Simulated or actual �eld tests (insect predators, parasites) CR CR CR CR CR 850.3040 Simulated or actual �eld tests (insect pollinators) CR CR CR CR CR 850.4300 Simulated or actual �eld tests (plants) CR CR CR CR CR Guideline Number Data Requirement Use Patter Aquatic Food/Feed Nonfood Food/Feed/Nonfood Forestry Res Ou 850.2500 Simulated or actual �eld tests (insect predators, parasites) CR CR CR CR CR 850.3040 Simulated or actual �eld tests (insect pollinators) CR CR CR CR CR 850.4300 Simulated or actual �eld tests (plants) CR CR CR CR CR Guideline Number Data Requirement Use Patter Aquatic Food/Feed Nonfood Food/Feed/Nonfood Forestry Res Ou (e) Test notes. The following test notes are applicable to the data requirements for microbial pesticides nontarget organism and environmental fate as referenced in the last column of the table contained in paragraph (d) of this section. https://www.ecfr.gov/current/title-40/section-158.2140 https://www.ecfr.gov/current/title-40/section-158.2150#p-158.2150(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 98/137 9. Required if toxic or pathogenic effects are observed in one or more of the following tests for microbial pesticides: i. Avian acute oral or avian inhalation studies. ii. Wild mammal studies. iii. Nontarget plant studies (terrestrial). iv. Honey bee studies. v. Nontarget insect studies. 10. Required when toxic or pathogenic effects are observed in any of the following Tier I tests for microbial pest control agents: i. Freshwater �sh studies. ii. Freshwater invertebrate studies. iii. Nontarget plant studies (aquatic). 11. Required if product is applied on land or in fresh water or marine/estuarine environments and toxic or pathogenic effects are observed in any of the following Tier I tests for microbial pesticides: i. Estuarine and marine animal toxicity and pathogenicity. ii. Plant studies - estuarine or marine species. 12. An appropriate dose-response toxicity test is required when toxic effects on nontarget terrestrial wildlife or aquatic organisms (including plants) are reported in one or more Tier I tests and results of Tier II tests indicate exposure of the microbial agent to the affected nontarget terrestrial wildlife or aquatic organisms. The protocols for these tests may have to be modi�ed in accordance with results from the nontarget organism and environmental expression studies. 13. Required when one or more of the following are present: i. Pathogenic effects are observed in Tier I avian studies. ii. Tier II environmental expression testing indicate that long-term exposure of terrestrial animals is likely. 14. Required when product is intended for use in water or expected to be transported to water from the intended use site, and when pathogenicity or infectivity was observed in Tier I aquatic studies. 15. Required if, after an analysis of the microbial pesticide's ability to survive and multiply in the environment and what ecological habitat it would occupy, the intended use patterns, and the results of previous nontarget organisms and environmental expression tests, it is determined that use of the microbial agent may result in adverse effects on the nontarget organisms in aquatic environments. Testing is to determine if applications of the microbial pest control would be expected to disrupt the balance of populations in the target ecosystem. 16. Tier IV studies may be conducted as a condition of registration as post-registration monitoring if the potential for unreasonable adverse effects appears to be minimal during that period of use due to implementation of mitigation measures. 17. Required when both of the following conditions occur: i. Pathogenic effects observed at actual or expected �eld residue exposure levels are reported in Tier III; and 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 99/137 ii. The Agency determines that quarantine methods would not prevent the microbial pesticide from contaminating areas adjacent to the test area. 18. Short term simulated or actual �eld studies are required when it is determined that the product is likely to cause adverse short-term or acute effects, based on consideration of available laboratory data, use patterns, and exposure rates. 19. Data from a long-term simulated �eld test (e.g., where reproduction and growth of con�ned populations are observed) and/or an actual �eld test (e.g., where reproduction and growth of natural populations are observed) are required if laboratory data indicate that adverse long-term, cumulative, or life-cycle effects may result from intended use. 20. Since test standards would be developed on a case-by-case basis, consultation with the Agency and development of a protocol is advised before performing these Tier IV studies. § 158.2160 Microbial pesticides product performance data requirements. Product performance data must be developed for all microbial pesticides. However, the Agency has waived all requirements to submit e�cacy data unless the pesticide product bears a claim to control public health pests, such as pest microorganisms infectious to man in any area of the inanimate environment or a claim to control vertebrates (including but not limited to: rodents, birds, bats, canids, and skunks) or invertebrates (including but not limited to: mosquitoes and ticks) that may directly or indirectly transmit diseases to humans. However, each registrant must ensure through testing that his products are e�cacious when used in accordance with label directions and commonly accepted pest control practices. The Agency reserves the right to require, on a case by-case basis, submission of e�cacy data for any pesticide product registered or proposed for registration. § 158.2170 Experimental use permit data requirements - microbial pesticides. § 158.2171 Experimental use permit microbial pesticides product analysis data requirements table. (a) For all microbial pesticides. (1) The following § 158.2171 through § 158.2174 identify the data requirements that are required to support experimental use permits for microbial pesticides. The variations in the test conditions are identi�ed within the test notes. (2) For general information on the data requirement tables, see § 158.2110(a)(2)-(4). (b) Additional data requirements for genetically modi�ed microbial pesticides. Additional requirements for genetically modi�ed microbial pesticides may include but are not limited to: genetic engineering techniques used; the identity of the inserted or deleted gene segment (base sequence data or enzyme restriction map of the gene); information on the control region of the gene in question; a description of the “new” traits or characteristics that are intended to be expressed; tests to evaluate genetic stability and exchange; and selected Tier II environmental expression and toxicology tests. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the product analysis data requirements and the substance to be tested for a particular microbial pesticide. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are identi�ed in paragraph (d) of this section. (b) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. (c) Table. The table in this paragraph shows the data requirements for experimental use permit microbial pesticides product analysis. The test notes are shown in paragraph (d) of this section. https://www.ecfr.gov/current/title-40/section-158.2171 https://www.ecfr.gov/current/title-40/section-158.2174 https://www.ecfr.gov/current/title-40/section-158.2110#p-158.2110(a)(2) https://www.ecfr.gov/current/title-40/section-158.2171#p-158.2171(d) https://www.ecfr.gov/current/title-40/section-158.2171#p-158.2171(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 100/137 Table - EUP Microbial Pesticides Product Analysis Data Requirements Product Chemistry and Composition 885.1100 Product identity R MP EP 885.1200 Manufacturing process R TGAI and MP TGAI and EP 1, 2 885.1250 Deposition of a sample in a nationally recognized culture collection R TGAI TGAI 3 885.1300 Discussion of formation of unintentional ingredients R TGAI and MP TGAI and EP 2 Analysis and Certi�ed Limits 885.1400 Analysis of samples R TGAI and MP TGAI and EP 2, 4 885.1500 Certi�cation of limits R MP EP Physical and Chemical Characteristics 830.6302 Color R TGAI TGAI 830.6303 Physical state R TGAI TGAI 830.6304 Odor R TGAI TGAI 830.6313 Stability to normal and elevated temperatures, metals, and metal ions R TGAI TGAI 830.6317 Storage stability R TGAI and MP TGAI and EP 830.6319 Miscibility R MP EP 5 830.6320 Corrosion characteristics R MP EP 6 830.7000 pH R TGAI TGAI 830.7100 Viscosity R MP EP 7 Test guideline No. Data requirement All use patterns Test substance Test notesMP EP 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 101/137 830.7300 Density/relative density/bulk density (speci�c gravity) R TGAI TGAI 1. If an experimental use permit is being sought, and if the pesticide is not already under full-scale production, a schematic diagram and/or description of the manufacturing process su�ces. 2. If an experimental use permit is being sought, and if the product is not already under full-scale production, a discussion of unintentional ingredients is required to be submitted to the extent this information is available. 3. Required for each isolate of a microbial pesticide. Isolates must be deposited with an agreement to ensure that the sample will be maintained and will not be discarded for the duration of the associated experimental use permit(s). 4. Required to support registration of each manufacturing-use product and end-use product. This analysis must be conducted at the point in the production process after which there would be no potential for microbial contamination or microbial regrowth. For pesticides in the production stage, a preliminary product analytical method and data would su�ce to support an experimental use permit. For full registration, generally an analysis of samples is a compilation of batches, over a period of time, depending on the frequency of manufacturing. 5. Only required for emulsi�able liquid forms of microbial pesticides. 6. Required when microbial pesticides are packaged in metal, plastic, or paper containers. 7. Only required for liquid forms of microbial pesticides. [72 FR 61002, Oct. 26, 2007, as amended at 77 FR 52613, Aug. 30, 2012] § 158.2172 Experimental use permit microbial pesticides residue data requirements table. Table - EUP Microbial Pesticides Residue Data Requirements (d) Test notes. The following test notes are applicable to the data requirements for experimental use permit microbial pesticides product analysis as referenced in the last column of the table contained in paragraph (c) of this section. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the residue chemistry data requirements and the substance to be tested for a particular microbial pesticide. Speci�c conditions, quali�cations, or exceptions to the designated test appear in (d) of this section, and the procedures appear in paragraph (e) of this section. (b) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (d) of this section, and apply to the individual tests in the following table: (c) Table. The following table shows the data requirements for experimental use permit microbial pesticides residue. The test notes are shown in paragraph (d) of this section. Test guideline No. Data requirement All use patterns Test substance Test notesMP EP https://www.federalregister.gov/citation/72-FR-61002 https://www.federalregister.gov/citation/77-FR-52613 https://www.ecfr.gov/current/title-40/section-158.2171#p-158.2171(c) https://www.ecfr.gov/current/title-40/section-158.2172#p-158.2172(d) https://www.ecfr.gov/current/title-40/section-158.2172#p-158.2172(e) https://www.ecfr.gov/current/title-40/section-158.2172#p-158.2172(d) https://www.ecfr.gov/current/title-40/section-158.2172#p-158.2172(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 102/137 885.2100 Chemical Identity CR EP 1 885.2200 Nature of the Residue in plants CR EP 1 885.2250 Nature of the Residue in animals CR EP 1 885.2300 Analytical methods - plants CR TGAI 1 885.2350 Analytical methods-animals CR TGAI 1 885.2400 Storage Stability CR EP 1 885.2500 Magnitude of residue in plants CR EP 1 885.2550 Magnitude of residues in meat, milk, poultry, eggs CR EP 1 885.2600 Magnitude of residues in potable water, �sh, and irrigated crops CR EP 1 1. Required when the results of testing: i. Indicate the potential to cause adverse human health effects or the product characterization indicates the microbial pesticide has a signi�cant potential to produce a mammalian toxin; and ii. The use pattern is such that residues may be present in or on food or feed crops. § 158.2173 Experimental use permit microbial pesticides toxicology data requirements table. Table - EUP Microbial Pesticides Toxicology Data Requirements (d) Test notes. The following test note is applicable to the data requirements for experimental use permit microbial pesticides residue as referenced in the last column of the table contained in paragraph (c) of this section. (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the toxicology data requirements for a particular microbial pesticide product. Notes that apply to an individual test and include speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (d) of this section. (b) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (d) of this section, and apply to the individual tests in the following table: (c) Table. The following table shows the data requirements for microbial pesticide toxicology. The test notes are shown in paragraph (d) of this section. Guideline Number Guideline Number Data RequirementData Requirement All Use Patterns All Use Patterns Test Substance Data to Support MP or EP Test Substance Data to Support MP or EP Test Notes Test Notes Guideline Number Data Requirement All Use Patterns Test Substance Test Notes https://www.ecfr.gov/current/title-40/section-158.2172#p-158.2172(c) https://www.ecfr.gov/current/title-40/section-158.2173#p-158.2173(d) https://www.ecfr.gov/current/title-40/section-158.2173#p-158.2173(d) https://www.ecfr.gov/current/title-40/section-158.2173#p-158.2173(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 103/137 885.3050 Acute oral toxicity/pathogenicity R TGAI 1 885.3150 Acute pulmonary toxicity/pathogenicity R TGAI 885.3200 Acute injection toxicity/pathogenicity/(intravenous) Acute injection toxicity/pathogenicity/(intraperitoneal) R TGAI 2 885.3400 Hypersensitivity incidents R All 3 885.3500 Cell culture R TGAI 4 870.1100 Acute oral toxicity R MP, EP 1, 5 870.1200 Acute dermal toxicity R MP, EP 5 870.1300 Acute inhalation toxicity R MP, EP 5, 6 870.2400 Acute eye irritation R MP, EP 5 870.2500 Primary dermal irritation CR MP, EP 5 1. The acute oral toxicity/pathogenicity study is required to support the TGAI. However, it can be combined with the unit dose portion of the acute oral toxicity study, with an EP or MP test material to ful�ll the requirement for the TGAI and the MP or EP in a single study, if the new protocol is designed to address the endpoints of concern. 2. Data not required for products whose active ingredient is a virus. For test materials whose size or consistency may prevent use of an intravenous injection, the intraperitoneal injection procedure may be employed. 3. Hypersensitivity incidents, including immediate type and delayed type reactions of humans or domestic animals occur during the testing or production of the TGAI, MP, or EP, or are otherwise known to the applicant must be reported if they occur. 4. Data must be submitted only for products whose active ingredient is a virus. 5. The 870 series studies for the MP and EP are intended to provide data on the acute toxicity of the product. Waivers for any or all of these studies may be granted when the applicant can demonstrate that the combination of inert ingredients is not likely to pose any signi�cant human health risks. Where appropriate, the limit dose approach to testing is recommended. 6. Required when the product consists of, or under conditions of use that would result in an inhalable material (e.g., gas, volatile substances, or aerosol particulate). (d) Test notes. The following test notes are applicable to the data requirements for experimental use permit microbial pesticides toxicology as referenced in the last column of the table contained in paragraph (c) of this section: Guideline Number Data Requirement All Use Patterns Test Substance Test Notes https://www.ecfr.gov/current/title-40/section-158.2173#p-158.2173(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 104/137 § 158.2174 Experimental use permit microbial pesticides nontarget organisms and environmental fate data requirements table. Table - EUP Microbial Pesticides Nontarget Organisms and Environmental Fate Data Requirements (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the terrestrial and aquatic nontarget organisms data requirements for a particular microbial pesticide product. Notes that apply to an individual test including speci�c conditions, quali�cations, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. Aquatic uses include: food and feed, nonfood uses (e.g., outdoor, residential, and industrial). Terrestrial uses include: Food, Feed, Non-Food, Forestry, Residential outdoor, greenhouse (food and food), Indoor (food and nonfood), and Industrial. (c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. Speci�c conditions, quali�cations, or exceptions to the designated test procedures appear in paragraph (e) of this section, and apply to the individual tests in the following table: (d) Table. The following table shows the data requirements for experimental use permit microbial pesticides nontarget organisms and environmental fate. The test notes are shown in paragraph (e) of this section. 885.4050 Avian oral toxicity NR R R R R 885.4200 Freshwater �sh toxicity/pathogenicity NR R R R NR 885.4240 Freshwater invertebrate toxicity/pathogenicity NR R R R NR 885.4300 Nontarget plant testing NR NR NR R NR 885.4340 Nontarget insect testing R R R R NR 885.4380 Honey bee testing R R R R NR Guideline Number Data Requirement Use Patter Aquatic Food/Feed Nonfood Food/Feed/Nonfood Forestry Res Ou 885.4050 Avian oral toxicity NR R R R R 885.4200 Freshwater �sh toxicity/pathogenicity NR R R R NR 885.4240 Freshwater invertebrate toxicity/pathogenicity NR R R R NR 885.4300 Nontarget plant testing NR NR NR R NR 885.4340 Nontarget insect testing R R R R NR 885.4380 Honey bee testing R R R R NR Guideline Number Data Requirement Use Patter Aquatic Food/Feed Nonfood Food/Feed/Nonfood Forestry Res Ou (e) Test notes. The following test notes are applicable to the data requirements for microbial pesticides nontarget organism and environmental fate as referenced in the last column of the table contained in paragraph (d) of this section. https://www.ecfr.gov/current/title-40/section-158.2174#p-158.2174(e) https://www.ecfr.gov/current/title-40/section-158.2174#p-158.2174(e) https://www.ecfr.gov/current/title-40/section-158.2174#p-158.2174(e) https://www.ecfr.gov/current/title-40/section-158.2174#p-158.2174(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 105/137 1. Tests for pesticides intended solely for indoor application would be required on a case-by-case basis, depending on use pattern, production volume, and other pertinent factors. Tests to support EUP's are based on the application timing and acreage. 2. The preferred species for the avian oral study is either the upland game or waterfowl. The preferred species for the avian inhalation toxicity/pathogenicity study and the avian chronic toxicity/pathogenicity study is the upland game. There is also the option to test a passerine species if there is a concern. The coldwater �sh is preferred for freshwater �sh testing. However, two species (coldwater and warmwater �sh are the preferred species) must be tested for uses involving direct freshwater exposure. Freshwater invertebrates are preferred for invertebrate testing. 3. Required when there will be signi�cant exposure to aquatic organisms (�sh and invertebrates). 4. Required if the microbial pesticide is taxonomically related to a known plant pathogen. 5. Data are not required unless an active microbial ingredient controls the target insect pest by a mechanism of infectivity; i.e., may create an epizootic condition in nontarget insects. Subpart W - Antimicrobial Pesticide Data Requirements Source: 78 FR 26978, May 8, 2013, unless otherwise noted. § 158.2200 Applicability. Part 158, subpart W establishes data requirements for any pesticide product that is: § 158.2201 Antimicrobial use patterns. (a) A pesticide that is intended for use as an “antimicrobial pesticide” within the meaning of FIFRA sec. 2(mm)(1)(A), regardless of whether it also meets the criterion of FIFRA sec. 2(mm)(1)(B). That criterion excludes from the de�nition any antimicrobial product that is intended for a food-use requiring a tolerance or exemption under FFDCA sec. 408 or a food additive regulation or clearance under FFDCA sec. 409. EPA will apply this subpart to all products intended for an antimicrobial use, purpose or function; the exclusion in FIFRA sec. 2(mm)(1)(B) does not exclude products from the data requirements of this subpart. (b) A product that bears both antimicrobial and non-antimicrobial uses or claims. Such a product is subject to the data requirements for pesticides in subparts C through O, and U or V of this part with respect to its non-antimicrobial uses and claims, and to the requirements of this subpart with respect to its antimicrobial uses and claims. (c) A wood preservative, including a product that is intended to prevent wood degradation problems due to fungal rot or decay, sapstain, or molds. (d) An antifoulant, including a product that is intended to kill or repel organisms that can attach to underwater surfaces, such as boat bottoms. (a) Antimicrobial use patterns. The 12 general use patterns used in the data tables in this subpart are: (1) Agricultural premises and equipment. (2) Food-handling/storage establishments, premises and equipment. (3) Commercial, institutional and industrial premises and equipment. (4) Residential and public access premises. (5) Medical premises and equipment. https://www.ecfr.gov/current/title-40/part-158/subpart-C https://www.ecfr.gov/current/title-40/part-158/subpart-O https://www.ecfr.gov/current/title-40/part-158/subpart-U https://www.ecfr.gov/current/title-40/part-158/subpart-V 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 106/137 § 158.2203 De�initions. The following terms are de�ned for the purposes of this subpart: Disinfectant means a substance, or mixture of substances, that destroys or irreversibly inactivates bacteria, fungi and viruses, but not necessarily bacterial spores, in the inanimate environment. Fungicide means a substance, or mixture of substances, that destroys fungi (including yeasts) and fungal spores pathogenic to man or other animals in the inanimate environment. Microbiological water puri�er means any unit, water treatment product or system that removes, kills or inactivates all types of disease-causing microorganisms from the water, including bacteria, viruses and protozoan cysts, so as to render the treated water safe for drinking. Sanitizer means a substance, or mixture of substances, that reduces the bacteria population in the inanimate environment by signi�cant numbers, but does not destroy or eliminate all bacteria. Sanitizers meeting Public Health Ordinances are generally used on food contact surfaces and are termed sanitizing rinses. Sterilant means a substance, or mixture of substances, that destroys or eliminates all forms of microbial life in the inanimate environment, including all forms of vegetative bacteria, bacterial spores, fungi, fungal spores, and viruses. Tuberculocide means a substance, or mixture of substances, that destroys or irreversibly inactivates tubercle bacilli in the inanimate environment. Virucide means a substance, or mixture of substances, that destroys or irreversibly inactivates viruses in the inanimate environment. § 158.2204 Public health and nonpublic health claims. (6) Human drinking water systems. (7) Materials preservatives. (8) Industrial processes and water systems. (9) Antifoulant paints and coatings. (10) Wood preservatives. (11) Swimming pools. (12) Aquatic areas. (b) Use site index. The Pesticide Use Site Index for Antimicrobial Pesticides is a comprehensive list of speci�c antimicrobial use sites. The Index associates antimicrobial use sites with one or more of the 12 antimicrobial use patterns. It is to be used in conjunction with the data tables in this subpart to determine the applicability of data requirements to speci�c uses. The Antimicrobial Pesticide Use Site Index, which will be updated periodically, is available from the Agency or may be obtained from the Agency's Web site at http://www.epa.gov/pesticides. (a) Public health claim. An antimicrobial pesticide is considered to make a public health claim if the pesticide product bears a claim to control pest microorganisms that pose a threat to human health, and whose presence cannot readily be observed by the user, including but not limited to, microorganisms infectious to man in any area of the inanimate environment. A product makes a public health claim if one or more of the following apply: (1) A claim is made for control of speci�c microorganisms that are directly or indirectly infectious or pathogenic to man (or both man and animals). Examples of speci�c microorganisms include, but are not limited to: Mycobacterium tuberculosis, Pseudomonas aeruginosa, Escherichia coli (E. http://www.epa.gov/pesticides 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 107/137 § 158.2210 Product chemistry. The product chemistry data requirements of subpart D of this part apply to antimicrobial products covered by this subpart. § 158.2220 Product performance. coli), human immunode�ciency virus (HIV), Streptococcus, and Staphylococcus aureus. Claims for control of microorganisms infectious or pathogenic only to animals (such as canine distemper virus or hog cholera virus) are not considered public health claims. (2) A claim is made for the pesticide product as a sterilant, disinfectant, virucide, sanitizer, or tuberculocide against microorganisms that are infectious or pathogenic to man. (3) A claim is made for the pesticide product as a fungicide against fungi infectious or pathogenic to man, or the product does not clearly state that it is intended for use only against nonpublic health fungi. (4) A claim is made for the pesticide product as a microbiological water puri�er or microbial puri�cation system. (5) A non-speci�c claim is made that the pesticide product will bene�cially impact or affect public health at the site of use or in the environment in which it is applied, and: (i) The pesticide product contains one or more ingredients that, under the criteria in 40 CFR 153.125(a), is an active ingredient with respect to a public health microorganism and there is no other functional purpose for the ingredient in the product; or (ii) The pesticide product is similar in composition to a registered pesticide product that makes antimicrobial public health claims. (b) Nonpublic health claim. An antimicrobial pesticide is considered to make a nonpublic health claim if the pesticide product bears a claim to control microorganisms of economic or aesthetic signi�cance, where the presence of the microorganism would not normally lead to infection or disease in humans. Examples of nonpublic health claims include, but are not limited to: Algaecides, slimicides, preservatives and products for which a pesticidal claim with respect to odor sources is made. (a) General (1) Product performance requirement for all antimicrobial pesticides. Each applicant must ensure through testing that his product is e�cacious when used in accordance with label directions and commonly accepted pest control practices. The Agency may require, on a case-by-case basis, submission of product performance data for any pesticide product registered or proposed for registration or amendment. (2) Product performance data for each product that bears a public health claim. Each product that bears a public health claim, as described in § 158.2204(a), must be supported by product performance data, as listed in the table in paragraph (c) of this section. Product performance data must be submitted with any application for registration or amended registration. (3) Product performance data for each product that bears a nonpublic health claim. Each product that bears a nonpublic health claim, as described in § 158.2204(b), must be supported by product performance data. Each registrant must ensure through testing that his product is e�cacious when used in accordance with label directions and commonly accepted practices. The Agency reserves the right to require, on a case-by-case basis, submission of product performance data for any pesticide product registered or proposed for registration or amendment. (4) Determination of data requirements. Subpart B of this part and § 158.2201 describe how to use the table in paragraph (c) of this section to determine the product performance data requirements for antimicrobial pesticide products. (b) Key. R = Required; EP = End-use product. https://www.ecfr.gov/current/title-40/part-158/subpart-D https://www.ecfr.gov/current/title-40/section-153.125#p-153.125(a) https://www.ecfr.gov/current/title-40/section-158.2204#p-158.2204(a) https://www.ecfr.gov/current/title-40/section-158.2220#p-158.2220(c) https://www.ecfr.gov/current/title-40/section-158.2204#p-158.2204(b) https://www.ecfr.gov/current/title-40/part-158/subpart-B https://www.ecfr.gov/current/title-40/section-158.2201 https://www.ecfr.gov/current/title-40/section-158.2220#p-158.2220(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 108/137 Table - Antimicrobial Product Performance Data Requirements 810.2100 Sterilants - E�cacy Data Recommendations R EP 810.2200 Disinfectants for Use on Hard Surfaces - E�cacy Data Recommendations R EP 810.2300 Sanitizers for Use on Hard Surfaces - E�cacy Data Recommendations R EP 810.2400 Disinfectants and Sanitizers for Use on Fabrics and Textiles E�cacy Data Recommendations R EP 810.2500 Air Sanitizers - E�cacy Data Recommendations R EP 810.2600 Disinfectants for Use in Water - E�cacy Data Recommendations R EP § 158.2230 Toxicology. (c) Antimicrobial product performance data requirements table. The following table shows the data requirements for antimicrobial product performance. (a) General. Subpart B of this part and § 158.2201 describe how to use the table in paragraph (g) of this section to determine the toxicology data requirements for an antimicrobial pesticide product. Notes that apply to an individual test, including speci�c conditions, quali�cations, or exceptions are listed in paragraph (h) of this section. (b) Uses. The applicant for registration must �rst determine whether the use is likely to result in pesticide residues in food or water and therefore consult the “Food Use” columns of the table in paragraph (g) of this section. Generally, if the residues of the antimicrobial result from an application to a surface or if incorporated into a material that may come into contact with food or feed, and residues may be expected to transfer to such food or feed, then the “Indirect Food Uses” columns is to be consulted. (c) Tiering of data requirements. Applicants for registration of antimicrobials may perform tests in a tiered fashion. After the initially required tests are conducted, additional testing may be required if results of the initial tests trigger the need for additional data. Conditions that trigger the need for additional data are given in the test notes in paragraph (h) of this section. (d) 200 parts per billion (ppb). The 200 ppb level was originally used by the Food and Drug Administration with respect to the concentration of residues in or on food for tiering of data requirements for indirect food use biocides. The Agency has also adopted this same residue level for determining toxicology data requirements for indirect food uses of antimicrobial pesticides. The 200 ppb level is the concentration of antimicrobial residues in the total estimated daily dietary intake. (e) Use of OSHA standards. If EPA determines that industrial standards, such as the workplace standards set by the Occupational Safety and Health Administration (OSHA standards), provide adequate protection for a particular pesticide or a particular use pattern, additional toxicity data may not be required for that pesticide or the use pattern. (f) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TGAI = Technical grade of the active ingredient; TEP = Typical end-use product; PAI = Pure active ingredient; PAIRA = Pure active ingredient, radiolabeled; Choice = choice of several test substances depending on studies required. Guideline No. Data requirement All use patterns Test substance https://www.ecfr.gov/current/title-40/part-158/subpart-B https://www.ecfr.gov/current/title-40/section-158.2201 https://www.ecfr.gov/current/title-40/section-158.2230#p-158.2230(g) https://www.ecfr.gov/current/title-40/section-158.2230#p-158.2230(h) https://www.ecfr.gov/current/title-40/section-158.2230#p-158.2230(g) https://www.ecfr.gov/current/title-40/section-158.2230#p-158.2230(h) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 109/137 Table - Antimicrobial Toxicology Data Requirements (g) Antimicrobial toxicology data requirements table. The following table shows the data requirements for toxicology. The test notes applicable to the data requirements in this table appear in paragraph (h) of this section. Acute Testing 870.1100 Acute oral toxicity rat R R R R R MP and TGAI 870.1200 Acute dermal toxicity R R R R R MP and TGAI 870.1300 Acute inhalation toxicity - rat R R R R R MP and TGAI 870.2400 Primary eye irritation - rabbit R R R R R MP and TGAI 870.2500 Primary dermal irritation R R R R R MP and TGAI 870.2600 Dermal sensitization R R R R R MP and TGAI 870.2600 Acute neurotoxicity - rat R R CR R CR TGAI Subchronic Testing 870.3100 90-Day oral toxicity - rodent R R R R CR TGAI Guideline No. Data requirement Food uses Nonfood uses Test subs Direct food uses Indirect food uses (>200 ppb) Indirect food uses (≤200 ppb) Swimming pools, aquatic areas, wood preservatives, metal working �uids All other nonfood uses MP Acute Testing 870.1100 Acute oral toxicity rat R R R R R MP and TGAI 870.1200 Acute dermal toxicity R R R R R MP and TGAI 870.1300 Acute inhalation toxicity - rat R R R R R MP and TGAI 870.2400 Primary eye irritation - rabbit R R R R R MP and TGAI 870.2500 Primary dermal irritation R R R R R MP and TGAI 870.2600 Dermal sensitization R R R R R MP and TGAI 870.2600 Acute neurotoxicity - rat R R CR R CR TGAI Subchronic Testing 870.3100 90-Day oral toxicity - rodent R R R R CR TGAI Guideline No. Data requirement Food uses Nonfood uses Test subs Direct food uses Indirect food uses (>200 ppb) Indirect food uses (≤200 ppb) Swimming pools, aquatic areas, wood preservatives, metal working �uids All other nonfood uses MP https://www.ecfr.gov/current/title-40/section-158.2230#p-158.2230(h) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 110/137 870.3150 90-Day oral toxicity nonrodent R R CR R CR TGAI 870.3200 21/28-Day dermal toxicity CR CR CR CR CR TGAI 870.3250 90-Day dermal toxicity CR CR CR CR CR TGAI 870.3465 90-Day inhalation toxicity - rat CR CR CR CR CR TGAI 870.6200 90-Day neurotoxicity - rat R R CR R CR TGAI Chronic Testing 870.4100 Chronic oral toxicity - rodent R R CR R CR TGAI 870.4200 Carcinogenicity two rodent species - rat and mouse preferred R R CR R CR TGAI Developmental Toxicity and Reproduction 870.3700 Prenatal developmental toxicity - rat and rabbit preferred R R R R R TGAI Guideline No. Data requirement Food uses Nonfood uses Test subs Direct food uses Indirect food uses (>200 ppb) Indirect food uses (≤200 ppb) Swimming pools, aquatic areas, wood preservatives, metal working �uids All other nonfood uses MP 870.3150 90-Day oral toxicity nonrodent R R CR R CR TGAI 870.3200 21/28-Day dermal toxicity CR CR CR CR CR TGAI 870.3250 90-Day dermal toxicity CR CR CR CR CR TGAI 870.3465 90-Day inhalation toxicity - rat CR CR CR CR CR TGAI 870.6200 90-Day neurotoxicity - rat R R CR R CR TGAI Chronic Testing 870.4100 Chronic oral toxicity - rodent R R CR R CR TGAI 870.4200 Carcinogenicity two rodent species - rat and mouse preferred R R CR R CR TGAI Developmental Toxicity and Reproduction 870.3700 Prenatal developmental toxicity - rat and rabbit preferred R R R R R TGAI Guideline No. Data requirement Food uses Nonfood uses Test subs Direct food uses Indirect food uses (>200 ppb) Indirect food uses (≤200 ppb) Swimming pools, aquatic areas, wood preservatives, metal working �uids All other nonfood uses MP 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 111/137 1. Not required if test material is a gas or highly volatile liquid. 2. The six end-use product (EP) acute toxicity studies are required using the product as formulated for sale and distribution. In addition, if the EP label has directions for diluting the product, then, the applicant may also need to conduct certain of the acute toxicity studies using the highest concentration labeled for dilution (i.e., the least 870.3800 Reproduction and fertility effects R R R R R TGAI 870.6300 Developmental neurotoxicity CR CR CR CR CR TGAI Mutagenicity 870.5100 Reverse mutation assay R R R R R TGAI 870.5300 870.5375 In vitro mammalian gene mutation R R R R R TGAI 870.5385 870.5395 In vivo cytogenetics R R R R R TGAI Special Testing 870.7485 Metabolism and pharmacokinetics R R CR R CR PAI or PAIRA 870.7200 Companion animal safety CR CR CR CR CR NR 870.7600 Dermal penetration CR CR CR CR CR Choice 870.7800 Immunotoxicity R R R R R TGAI Guideline No. Data requirement Food uses Nonfood uses Test subs Direct food uses Indirect food uses (>200 ppb) Indirect food uses (≤200 ppb) Swimming pools, aquatic areas, wood preservatives, metal working �uids All other nonfood uses MP 870.3800 Reproduction and fertility effects R R R R R TGAI 870.6300 Developmental neurotoxicity CR CR CR CR CR TGAI Mutagenicity 870.5100 Reverse mutation assay R R R R R TGAI 870.5300 870.5375 In vitro mammalian gene mutation R R R R R TGAI 870.5385 870.5395 In vivo cytogenetics R R R R R TGAI Special Testing 870.7485 Metabolism and pharmacokinetics R R CR R CR PAI or PAIRA 870.7200 Companion animal safety CR CR CR CR CR NR 870.7600 Dermal penetration CR CR CR CR CR Choice 870.7800 Immunotoxicity R R R R R TGAI Guideline No. Data requirement Food uses Nonfood uses Test subs Direct food uses Indirect food uses (>200 ppb) Indirect food uses (≤200 ppb) Swimming pools, aquatic areas, wood preservatives, metal working �uids All other nonfood uses MP (h) Test notes. The following test notes apply to the data requirements in the table to paragraph (g) of this section: https://www.ecfr.gov/current/title-40/section-158.2230#p-158.2230(g) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 112/137 diluted product). The end-use dilution testing is in addition to the testing conducted on the EP. 3. Not required if test material is corrosive to skin or has pH less than 2 or greater than 11.5. 4. Data are required when the product consists of, or under conditions of use will result in, a respirable material (e.g., gas, vapor, aerosol or particulates). 5. Data are required if repeated dermal exposure is likely to occur under conditions of use. 6. For indirect food uses ≤200 ppb, and all other nonfood uses, data are required if the neurotoxicity screen in the 90-day oral rodent study or other data indicate neurotoxicity. 7. The 90-day dermal toxicity study and/or 90-day inhalation toxicity study are required if the Agency determines that dermal and/or inhalation exposure is the primary route of exposure. 8. All 90-day subchronic studies in the rodent can be designed to simultaneously ful�ll the requirements of the 90-day neurotoxicity and/or immunotoxicity studies by adding separate groups of animals for testing of neurotoxicity and/or immunotoxicity parameters. 9. The 90-day study is required in the rodent for hazard characterization (possibly endpoint selection) and dose setting for the chronic/carcinogenicity study. It is not required in the mouse, but the Agency would encourage the applicant to conduct a 90-day range �nding study for the purposes of dose selection for the mouse carcinogenicity study to achieve adequate dosing and an acceptable study. 10. A 1-year non-rodent study (i.e., 1-year dog study) may be required if the Agency �nds that a pesticide chemical is highly bioaccumulative and slowly eliminated. EPA may also require the appropriate metabolism and pharmacokinetic studies to evaluate more precisely bioavailability, half life, and steady state to determine if a longer duration dog toxicity study is needed. 11. Although the subchronic toxicity testing guidelines include measurement of neurological endpoints, such screens do not meet the requirement of the 90-day neurotoxicity study. For nonfood uses, if the 90-day study does not include a neurotoxicity screen, then the acute neurotoxicity study will be required. 12. Data are required if all of the following criteria are met: i. The intended use of the antimicrobial pesticide product is expected to result in repeated dermal human exposure to the product. ii. Data from a 90-day dermal toxicity study are not available. iii. The 90-day dermal toxicity study has not been triggered. 13. EP testing is required if the product or any component of the product may increase dermal absorption of the active ingredient(s) or increases its toxic or pharmacologic effects, as determined by testing using the TGAI or based on available information about the toxic effects of the product or its components. 14. Data are required if the active ingredient in the product is known or expected to be metabolized differently by the dermal route of exposure than by the oral route, and a metabolite of the active ingredient is the toxic moiety. 15. A 90-day oral toxicity test is not required for heating, ventilation, air conditioning, and refrigeration systems (collectively referred to as HVAC&R). Instead, two 90-day toxicity tests, one by the dermal route and one by the inhalation route are required. 16. Data are required if there is the likelihood of signi�cant repeated inhalation exposure to the pesticide as a gas, vapor, or aerosol. 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 113/137 17. Based on estimates of the magnitude and duration of human exposure, studies of shorter duration, e.g., 21 or 28-days, may be su�cient to satisfy this requirement. The prime consideration in determining the appropriateness of a shorter duration study is the likely period of time for which humans will be exposed. 18. Based on the positive results of the acute or 90-day neurotoxicity studies, or on other data indicating neurotoxicity, a chronic neurotoxicity study (i.e., a chronic study with additional neurotoxicity evaluations) may be required to provide information about potential neurotoxic effects from long-term exposures. 19. Studies which are designed to simultaneously ful�ll the requirements of both the chronic oral and carcinogenicity studies (i.e., a combined study) may be conducted. 20. For indirect food uses ≤200 ppb, and all other nonfood uses, data are required if either of the following criteria are met: i. The use of the pesticide is likely to result in repeated human exposure over a considerable portion of the human lifespan; or ii. The use requires that a tolerance, tolerance exemption, or food additive regulation or clearance be established. 21. For indirect food uses ≤200 ppb, and all other nonfood uses, data are required if any of the following criteria, are met: i. The use of the pesticide is likely to result in signi�cant human exposure over a considerable portion of the human life span which is signi�cant in terms of frequency, time, duration, and/or magnitude of exposure. ii. The use requires that a tolerance, tolerance exemption, or food additive regulation or clearance be established. iii. The active ingredient, metabolite, degradate, or impurity: A. Is structurally related to a recognized carcinogen; B. Causes mutagenic effects as demonstrated by in vitro or in vivo testing; or C. Produces a morphologic effect in any organ (e.g., hyperplasia, metaplasia) in subchronic studies that may lead to a neoplastic change. 22. If the requirement for a carcinogenicity study in any species is modi�ed or waived for any reason, then a subchronic 90-day oral study in the same species may be required. 23. Testing in two species is required for all uses. 24. The oral route, by oral intubation, is preferred, unless the chemical or physical properties of the test substance, or the pattern of human exposure, suggest a more appropriate route of exposure. 25. Additional testing by other routes of exposure may be required if the pesticide is determined to be a prenatal developmental toxicant after oral dosing. 26. The developmental toxicity study in rodents may be combined with the two-generation reproduction study in rodents by using a second mating of the parental animals in either generation. Protocols must be approved by the Agency prior to the initiation of the study. 27. A two-generation reproduction study is required. 28. An information-based approach to testing is preferred, which utilizes the best available knowledge on the chemical (hazard, pharmacokinetic, or mechanistic data) to determine whether a standard guideline study, an enhanced guideline study, or an alternative study should be conducted to assess potential hazard to the 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 114/137 developing animal. Applicants must submit any alternative proposed testing protocols and supporting scienti�c rationale to the Agency. Protocols must be approved by the Agency prior to the initiation of the study. 29. The use of a combined two-generation reproduction/developmental neurotoxicity study that utilizes the two generation reproduction study in rodents as a basic protocol for the addition of other endpoints or functional assessments in the immature animal is encouraged. 30. A DNT study is required using a weight-of-evidence approach when: i. The pesticide causes treatment-related neurological effects in adult animal studies (i.e., clinical signs of neurotoxicity, neuropathology, functional or behavioral effects). ii. The pesticide causes treatment-related neurological effects in developing animals, following pre- or post natal exposure (i.e., nervous system malformations or neuropathy, brain weight changes in offspring, functional or behavioral changes in the offspring). iii. The pesticide elicits a causative association between exposures and adverse neurological effects in human epidemiological studies. iv. The pesticide evokes a mechanism that is associated with adverse effects on the development of the nervous system (i.e., structure-activity-relationship (SAR) to known neurotoxicants, altered neuroreceptor or neurotransmitter responses). 31. To facilitate the weight-of-evidence determination for the pesticide's mutagenicity, in addition to those speci�cally listed in this table, the Agency requires submission of other mutagenicity test results that may have been performed. A reference list of all studies and papers known to the applicant concerning the mutagenicity of the test chemical must be submitted with the required studies. 32. Due to the nature of antimicrobials, if testing with bacterial strains has not been conducted, then testing using a mammalian cell assay such as the mouse lymphoma TK ±assay is preferred. If reverse mutation assay testing with bacterial strains has already been conducted, and the testing was conducted at levels that did not cause toxicity to the bacterial strains tested, then the applicant may submit the study to ful�ll this data requirement. 33. For the in vitro mammalian gene mutation study, there is a choice of assays using either mouse lymphoma L5178Y cell thymidine kinase (tk) gene locus, maximizing assay conditions for small colony expression and detection; Chinese hamster ovary (CHO) or Chinese hamster lung �broblast (v79) cells, hypoxanthine-guanine phosphoribosyl transferase (hgprt) gene locus, accompanied by an appropriate in vitro test for clastogenicity; or CHO cells strains AS52, xanthine-guanine phosphoribosyl transferase (xprt) gene locus. 34. There is a choice of assays, but the micronucleus rodent bone marrow assay is preferred; the rodent bone marrow assays using metaphase analysis (aberrations) are acceptable. 35. Data are required when chronic toxicity or carcinogenicity studies are also required. 36. Data is required if the product label directs that it be applied to domestic animals, such as cats, dogs, cattle, pigs, and horses. 37. In the absence of dermal absorption data or a repeated dose dermal toxicity study, the assumption of 100 percent dermal absorption would be used in a risk assessment to determine if a dermal penetration study is required, and to identify the doses and duration of exposure for which dermal absorption is to be quanti�ed. 38. Required for nonfood uses, if oral exposure could occur. 39. Data may be required if signi�cant adverse effects are seen in available toxicology studies and these effects can be further elucidated by metabolism and pharmacokinetics studies. [78 FR 26978, May 8, 2013, as amended at 84 FR 18996, May 3, 2019] https://www.federalregister.gov/citation/78-FR-26978 https://www.federalregister.gov/citation/84-FR-18996 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 115/137 § 158.2240 Nontarget organisms. Table - Antimicrobial Nontarget Organism Data Requirements (a) General. Subpart B of this part and § 158.2201 describe how to use the table in paragraph (c) of this section to determine the terrestrial and aquatic nontarget organisms data requirements for a particular antimicrobial pesticide product. Notes that apply to an individual test, including speci�c conditions, quali�cations, or exceptions are listed in paragraph (d) of this section. (1) Terrestrial and aquatic nontarget organism data are required to support the registration of most end-use and manufacturing-use antimicrobial products. (2) Data are generally not required to support end-use products of a gas, highly volatile liquid, highly reactive solid, or a highly corrosive material. (3) Data on transformation/degradation products or leachate residues of the parent compound are also required to support registration, if the transformation/degradation/degradation products or leachate residues meet one of the following criteria: (i) More toxic, persistent, or bioaccumulative than the parent; (ii) Have been shown to cause adverse effects in mammalian or aquatic reproductive studies; or (iii) The moiety of concern (i.e., functional group in the parent chemical molecule that imparts adverse effects) remains intact. (4) If an antimicrobial may be applied to a �eld crop, horticultural crop, or turf, then the data requirements in § 158.630 apply. (5) For the purpose of determining data requirements, the all other use patterns category includes the following use patterns: (i) Agricultural premises and equipment. (ii) Food-handling/storage establishments, premises, and equipment. (iii) Commercial, institutional and industrial premises and equipment. (iv) Residential and public access premises. (v) Medical premises and equipment. (vi) Human drinking water systems. (vii) Materials preservatives. (viii) Swimming pools. (b) Key. MP = Manufacturing use product; EP = End-use product; R = Required; CR = Conditionally required; NR = Not required; TGAI = Technical grade of the active ingredient; TEP = Typical end-use product; PAIRA = Pure active ingredient radiolabeled; a.i. = active ingredient. (c) Antimicrobial nontarget organism data requirements table. The following table shows the data requirements for nontarget organisms. The test notes appear in paragraph (d) of this section. Guideline No. Data requirement Use pattern Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category Guideline No. Data requirement Use pattern Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category https://www.ecfr.gov/current/title-40/part-158/subpart-B https://www.ecfr.gov/current/title-40/section-158.2201 https://www.ecfr.gov/current/title-40/section-158.2240#p-158.2240(c) https://www.ecfr.gov/current/title-40/section-158.2240#p-158.2240(d) https://www.ecfr.gov/current/title-40/section-158.630 https://www.ecfr.gov/current/title-40/section-158.2240#p-158.2240(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 116/137 Tier One Testing 850.2100 Acute avian oral toxicity R R R R R TG 850.1010 Acute freshwater invertebrates toxicity R R R R R TG 850.1075 Acute freshwater �sh toxicity R R R R R TG Higher Tier Testing Avian Testing 850.2200 Avian dietary toxicity CR CR CR CR CR TG 850.2300 Avian reproduction CR CR CR CR CR TG Aquatic Organisms Testing 850.1010 Acute freshwater invertebrates toxicity CR CR CR CR CR 850.1075 Acute freshwater �sh toxicity CR CR CR CR CR 850.1025 Acute estuarine and marine organisms toxicity CR R CR CR CR TG 850.1035 850.1045 850.1055 Acute estuarine and marine organisms toxicity CR CR CR CR CR Guideline No. Data requirement Use pattern Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category Tier One Testing 850.2100 Acute avian oral toxicity R R R R R TG 850.1010 Acute freshwater invertebrates toxicity R R R R R TG 850.1075 Acute freshwater �sh toxicity R R R R R TG Higher Tier Testing Avian Testing 850.2200 Avian dietary toxicity CR CR CR CR CR TG 850.2300 Avian reproduction CR CR CR CR CR TG Aquatic Organisms Testing 850.1010 Acute freshwater invertebrates toxicity CR CR CR CR CR 850.1075 Acute freshwater �sh toxicity CR CR CR CR CR 850.1025 Acute estuarine and marine organisms toxicity CR R CR CR CR TG 850.1035 850.1045 850.1055 Acute estuarine and marine organisms toxicity CR CR CR CR CR Guideline No. Data requirement Use pattern Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 117/137 850.1075 850.1400 Fish early-life stage R R R R R TG 850.1300 Aquatic invertebrate life cycle R R R R R TG 850.1350 850.1500 Fish life-cycle CR CR CR CR CR TG 850.1710 Aquatic organisms, bioavailability, biomagni�cation, toxicity tests CR CR CR CR CR TG de 850.1730 850.1850 850.1950 Simulated or actual �eld testing for aquatic organisms CR CR CR CR CR TE Sediment Testing 850.1735 Whole sediment; acute freshwater invertebrates CR CR CR CR CR TG 850.1740 Whole sediment; acute marine invertebrates CR CR CR CR CR TG Guideline No. Data requirement Use pattern Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category 850.1075 850.1400 Fish early-life stage R R R R R TG 850.1300 Aquatic invertebrate life cycle R R R R R TG 850.1350 850.1500 Fish life-cycle CR CR CR CR CR TG 850.1710 Aquatic organisms, bioavailability, biomagni�cation, toxicity tests CR CR CR CR CR TG de 850.1730 850.1850 850.1950 Simulated or actual �eld testing for aquatic organisms CR CR CR CR CR TE Sediment Testing 850.1735 Whole sediment; acute freshwater invertebrates CR CR CR CR CR TG 850.1740 Whole sediment; acute marine invertebrates CR CR CR CR CR TG Guideline No. Data requirement Use pattern Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 118/137 1. For industrial processes and water systems, antifoulant paints and coatings, wood preservatives, and aquatic areas, data are required for two avian species: one waterfowl species and one upland game bird species. For the all other use patterns category (as speci�ed in § 158.2240(a)(5)), data are required for one avian species. 2. Data are required on one freshwater aquatic invertebrate species. 3. For the industrial processes and water systems, antifoulant paints and coatings, wood preservatives, and aquatic use pattern areas, data are required on two species of �sh, one cold water species and one warm water species. For the all other use patterns category (as speci�ed in § 158.2240(a)(5)), data are required on one species of �sh, either one cold water species or one warm water species. Testing on a second species is required if the active ingredient or principal transformation products are stable in the environment and the LC in the �rst species is less than or equal to 1 ppm or 1 mg/L. 4. Data are required on one avian species, either one waterfowl species or one upland game bird species, if the avian acute oral LD (TGAI testing) is less than or equal to 100 mg/a.i./kg and a.i. residues or its principal transformation products are likely to occur in avian feed items. Data on the second species are required if the avian dietary LC in the �rst species tested is less than or equal to 500 ppm a.i. in the diet. 5. If TEP testing cannot be conducted due to the physical characteristics of the test substance (for example, a paint), then the applicant should request a waiver. 6. Data are required if one or more of the following criteria are met: i. Birds may be subjected to repeated or continued exposure to the pesticide or any of its transformation products, especially preceding or during the breeding season. ii. The pesticide or any of its major metabolites or degradation products are stable in the environment to the extent that a potentially toxic amount may persist in avian feed. None Whole sediment; chronic invertebrates fresh-water and marine CR CR CR CR CR TG Insect Pollinator Testing 850.3020 Honeybee acute contact NR NR R NR CR TG 850.3030 Toxicity of residues to honeybees NR NR R NR CR TG Guideline No. Data requirement Use pattern Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category None Whole sediment; chronic invertebrates fresh-water and marine CR CR CR CR CR TG Insect Pollinator Testing 850.3020 Honeybee acute contact NR NR R NR CR TG 850.3030 Toxicity of residues to honeybees NR NR R NR CR TG Guideline No. Data requirement Use pattern Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category (d) Test notes. The following test notes apply to the data requirements in the table to paragraph (c) of this section: 50 50 50 https://www.ecfr.gov/current/title-40/section-158.2240#p-158.2240(a)(5) https://www.ecfr.gov/current/title-40/section-158.2240#p-158.2240(a)(5) https://www.ecfr.gov/current/title-40/section-158.2240#p-158.2240(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 119/137 iii. The pesticide or any of its major metabolites or degradation products are stored or accumulated in plant or animal tissues, as indicated by the octanol/water partition coe�cient (K is greater than or equal to 1,000), accumulation studies, metabolic release and retention studies, or as indicated by structural similarity to known bioaccumulative chemicals. iv. Any other information, such as that derived from mammalian reproduction studies, indicates that reproduction in terrestrial vertebrates may be adversely affected by the anticipated use of the pesticide product. 7. TEP testing is required for any product which meets one or more of the following conditions: i. When based on deterministic modeling results: If the Estimated Environmental Concentration (EEC) in the aquatic environment is equal to or greater than one-half the LC /EC of the TGAI. ii. When based on probabilistic modeling results: If the estimated 10th percentile 7Q10 Surface Water Concentration exceeds the acute concentration of concern (i.e., one-half the LC /EC ). iii. If an ingredient in the end-use product other than the active ingredient is expected to enhance the toxicity of the active ingredient or to cause toxicity to aquatic organisms. iv. The end-use antimicrobial product will be applied directly into an aquatic environment. 8. Data are required on one estuarine/marine mollusk, one other estuarine/marine invertebrate, and one estuarine/marine �sh species. 9. For the all other use patterns category (as speci�ed in § 158.2240(a)(5)), industrial processes and water systems, wood preservatives, and aquatic areas, data are required if the pesticide residues from the parent compound and/or transformation products are likely to enter the estuarine/marine environment. 10. Testing must be conducted with the most sensitive organism (either freshwater or estuarine/marine vertebrates, or freshwater or estuarine/marine invertebrates), as determined from the results of the acute toxicity tests (acute EC freshwater invertebrates; acute LC /EC estuarine and marine organisms; acute freshwater �sh LC ). 11. Data are required on estuarine/marine species if the product is intended for direct application to the estuarine or marine environment, or the product is expected to enter this environment in signi�cant concentrations because of its expected use or mobility patterns. 12. Data are required on freshwater species if the end-use product is intended to be applied directly to water, or is expected to be transported to water from the intended use site, and when one or more of the following conditions apply: i. When based on deterministic modeling results: If the Estimated Environmental Concentration (EEC) in water is equal to or greater than 0.1 of the no-observed-adverse-effect concentration or no-observed-adverse-effect level (NOAEC/NOAEL) in the �sh early-life stage or invertebrate life cycle tests. ii. When based on probabilistic modeling results: If the estimated 10th percentile 7Q10 Surface Water Concentration based on probabilistic modeling exceeds for 20 days or more the chronic concentration of concern (i.e., one-tenth the NOAEC or NOAEL) determined in the �sh early-life stage or invertebrate life cycle tests. iii. If studies of other organisms indicate that the reproductive physiology of �sh may be affected. 13. Not required when: i. The octanol/water partition coe�cients of the pesticide and its major degradates are less than 1,000; ii. There are no potential exposures to �sh and other nontarget aquatic organisms; or ow 50 50 50 50 50 50 50 50 https://www.ecfr.gov/current/title-40/section-158.2240#p-158.2240(a)(5) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 120/137 iii. The hydrolytic half-life is less than 5 days at pH 5, 7, and 9. 14. Environmental chemistry methods used to generate data associated with this study must include results of a successful con�rmatory method trial by an independent laboratory. Test standards and procedures for independent laboratory validation are available as addenda to the guideline for this test requirement. 15. Protocols must be approved by the Agency prior to the initiation of the study. 16. Data are required if the intended use pattern, and the physical/chemical properties and environmental fate characteristics of the antimicrobial indicate signi�cant potential exposure, and, based on the results of the acute and chronic aquatic organism testing, signi�cant impairment of nontarget aquatic organisms could result. 17. Data are required if the half-life of the pesticide in the sediment is equal to or less than 10 days in either the aerobic soil or aquatic metabolism studies, and if one or more of the following conditions are met: i. The soil partition coe�cient (K ) is equal to or greater than 50 L/kg. ii. The log K is equal to or greater than 3. iii. The K is equal to or greater than 1,000. 18. Data are required if the EEC in sediment is greater than 0.1 of the acute LC EC values and if one or more of the following conditions are met: i. The soil partition coe�cient (K ) is equal to or greater than 50 L/kg. ii. The log K is equal to or greater than 3. iii. The K is equal to or greater than 1,000. 19. Sediment testing with estuarine/marine test species is required if the product is intended for direct application to the estuarine or marine environment or the product is expected to enter this environment in signi�cant concentrations either by runoff or erosion, because of its expected use or mobility pattern. 20. For the all other use patterns category (as speci�ed in § 158.2240(a)(5)), data are required only for beehive applications when the beehive (empty or occupied) may be treated. 21. A study similar to “Honey Bee Toxicity of Residues on Foliage” is required using treated wood instead of the foliage. Protocols must be approved by the Agency prior to the initiation of the study. § 158.2250 Nontarget plant protection. d ow oc 50/ 50 d ow oc (a) Subpart B of this part and § 158.2201 describe how to use the table in paragraph (f) of this section to determine the nontarget plant protection data requirements for a particular antimicrobial pesticide product. Notes that apply to an individual test including speci�c conditions, quali�cations, or exceptions are listed in paragraph (g) of this section. (b) Data on transformation/degradation products or leachate residues of the parent compound are also required to support registration, if the transformation/degradation products or leachate residues meet one of the following criteria: (1) More toxic, persistent, or bioaccumulative than the parent; (2) Have been shown to cause adverse effects in mammalian or aquatic reproductive studies; or (3) The moiety of concern (i.e., functional group in the parent chemical molecule that imparts adverse effects) remains intact. https://www.ecfr.gov/current/title-40/section-158.2240#p-158.2240(a)(5) https://www.ecfr.gov/current/title-40/part-158/subpart-B https://www.ecfr.gov/current/title-40/section-158.2201 https://www.ecfr.gov/current/title-40/section-158.2250#p-158.2250(f) https://www.ecfr.gov/current/title-40/section-158.2250#p-158.2250(g) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 121/137 Table - Nontarget Plant Protection Data Requirements (c) For the purpose of determining data requirements, the all other use patterns category includes the following use patterns: (1) Agricultural premises and equipment. (2) Food-handling/storage establishments, premises, and equipment. (3) Commercial, institutional and industrial premises and equipment. (4) Residential and public access premises. (5) Medical premises and equipment. (6) Human drinking water systems. (7) Materials preservatives. (8) Swimming pools. (d) If an antimicrobial may be applied to a �eld crop, horticultural crop, or turf, then the data requirements in § 158.660 apply. (e) Key. MP = Manufacturing use product; EP = End-use product; R = Required; CR = Conditionally required; NR = Not required; TGAI = Technical grade of the active ingredient; TEP = Typical end-use product. (f) Nontarget plant protection data requirements table. The following table shows the data requirements for nontarget plant protection. The test notes appear in paragraph (g) of this section. 850.4225 Seedling emergence, Tier II - dose response CR CR CR CR CR TEP 850.4250 Vegetative vigor, Tier II dose response CR NR CR CR CR TEP 850.4400 Aquatic plant growth (aquatic vascular plant) Tier II dose response R R R R CR TGAI, TEP Guideline No. Data requirement Use pattern Te subst Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category MP 850.4225 Seedling emergence, Tier II - dose response CR CR CR CR CR TEP 850.4250 Vegetative vigor, Tier II dose response CR NR CR CR CR TEP 850.4400 Aquatic plant growth (aquatic vascular plant) Tier II dose response R R R R CR TGAI, TEP Guideline No. Data requirement Use pattern Te subst Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category MP https://www.ecfr.gov/current/title-40/section-158.660 https://www.ecfr.gov/current/title-40/section-158.2250#p-158.2250(g) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 122/137 1. Data on only one plant species (rice, Oryza sativa) are required. 2. Data are required if the risk quotient from any aquatic plant growth Tier II study exceeds a level of concern for aquatic plants. 3. Not required when: i. There are no potential exposures to plants; ii. The hydrolytic half-life is less than 5 days at pH 5, 7, and 9; or iii. The results of a biodegradation study indicate that the active ingredient or principal degradation products are not biodegradable in 28 days, i.e., the biodegradation curve has not reached a plateau for at least three determinations within the 28 days. 4. For TEP testing, data are required for the applicant's end-use product if an ingredient in the end-use product, other than the active ingredient, is expected to enhance the toxicity of the active ingredient. 5. One Tier II (dose response) study, conducted with Selenastrum capricornutum, is required for the all other use patterns category (as speci�ed in § 158.2250(c)). If the results of this study exhibit detrimental effects (EC less than 1.0 ppm or mg/L), then additional Tier II (dose response) studies are required on three species (Anabaena �os-aquae, Navicula pelliculosa, and Skeletonema costatum). 6. For industrial processes and water systems, antifoulant coatings and paints, wood preservatives, and aquatic areas, Tier II (dose response) studies are required on four species (Anabaena �os-aquae, Navicula pelliculosa, Skeletonema costatum, and Selenastrum capricornutum). 7. Environmental chemistry methods used to generate data must include the results of a successful con�rmatory method trial by an independent laboratory. 850.5400 Aquatic plant growth (algal) Tier II (dose response) R R R R R TGAI, TEP 850.4300 Terrestrial �eld CR CR CR CR CR TEP 850.4450 Aquatic �eld CR CR CR CR CR TEP Guideline No. Data requirement Use pattern Te subst Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category MP 850.5400 Aquatic plant growth (algal) Tier II (dose response) R R R R R TGAI, TEP 850.4300 Terrestrial �eld CR CR CR CR CR TEP 850.4450 Aquatic �eld CR CR CR CR CR TEP Guideline No. Data requirement Use pattern Te subst Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category MP (g) Test notes. The following test notes apply to the data requirements in the table to paragraph (f) of this section: 50 https://www.ecfr.gov/current/title-40/section-158.2250#p-158.2250(c) https://www.ecfr.gov/current/title-40/section-158.2250#p-158.2250(f) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 123/137 8. Tests are required on a case-by-case basis based on the results of lower tier plant protection studies, adverse incident reports, intended use pattern, and environmental fate characteristics that indicate potential exposure. 9. Protocols must be approved by the Agency prior to the initiation of the study. 10. For the all other use patterns category (as speci�ed in § 158.2250(c)), data are required if the aquatic (algal) plant growth Tier II study demonstrates detrimental effects at less than 1.0 ppm or mg/L. § 158.2260 Applicator exposure. Table - Antimicrobial Applicator Exposure Data Requirements 875.1100 Dermal exposure R R TEP 1, 2, 3, 4 (a) General. Subpart B of this part and § 158.2201 describe how to use the table in paragraph (d) of this section to determine the applicator exposure data requirements for antimicrobial pesticide products. Notes that apply to an individual test including speci�c conditions, quali�cations, or exceptions are listed in paragraph (e) of this section. (1) The Agency may accept surrogate exposure data estimations and/or modeling estimations from other sources to satisfy exposure data requirements. The surrogate data must meet the basic quality assurance, quality control, good laboratory practice, and other scienti�c requirements set by EPA. To be acceptable, the Agency must �nd that the surrogate exposure data estimations have adequate information to address the applicable exposure data requirements and contain adequate monitoring events of acceptable quality. The data must re�ect the speci�c use prescribed on the label and the activity of concern, including formulation type, application methods and rates, type of activity, and other pertinent information. (2) Occupational uses include not only handlers, mixers, loaders, and applicators, but also commercial applications to residential sites. Residential uses are limited to non-occupational, i.e., non-professional, antimicrobial applications. Both occupational and residential applicator data may be required for the same product. (b) Criteria for testing. Applicator exposure data described in the table to paragraph (d) of this section are required based on toxicity and exposure criteria. Data are required if at least one of the toxicity criteria in paragraph (b)(1) of this section, and at least one of the exposure criteria in paragraph (b)(2) of this section are met. (1) Toxicity criteria. (i) Evidence of potentially signi�cant adverse effects have been observed in any applicable toxicity studies. (ii) Scienti�cally sound epidemiological or poisoning incident data with a clear cause-effect relationship indicating that adverse health effects may have resulted from exposure to the pesticide. (2) Exposure criteria. (i) Dermal exposure may occur during product use. (ii) Respiratory exposure may occur during product use. (c) Key. R = Required; CR = Conditionally required; TEP = Typical end-use product. (d) Antimicrobial applicator exposure data requirements table. The following table shows the data requirements for applicator exposure. The test notes appear in paragraph (e) of this section. Guideline No. Data requirements Use sites Test substance Test note No.Occupational Residential https://www.ecfr.gov/current/title-40/section-158.2250#p-158.2250(c) https://www.ecfr.gov/current/title-40/part-158/subpart-B https://www.ecfr.gov/current/title-40/section-158.2201 https://www.ecfr.gov/current/title-40/section-158.2260#p-158.2260(d) https://www.ecfr.gov/current/title-40/section-158.2260#p-158.2260(e) https://www.ecfr.gov/current/title-40/section-158.2260#p-158.2260(d) https://www.ecfr.gov/current/title-40/section-158.2260#p-158.2260(b)(1) https://www.ecfr.gov/current/title-40/section-158.2260#p-158.2260(b)(2) https://www.ecfr.gov/current/title-40/section-158.2260#p-158.2260(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 124/137 875.1200 875.1300 Inhalation exposure R R TEP 1, 2, 3, 4 875.1400 875.1500 Biological monitoring CR CR TEP 1, 2, 3 875.1600 Data reporting and calculations R R TEP 5 875.1700 Product use information R R TEP 1. Prior to initiation of the study, protocols involving intentional exposure of human subjects must be submitted for review by EPA and then the Human Studies Review Board (HSRB) according to 40 CFR 26.1125. Examples of proposed human study research can be found in various reviews provided by the Human Studies Review Board (http://www.epa.gov/osa/hsrb/index.htm). 2. Biological monitoring data may be submitted in addition to, or in lieu of, dermal and inhalation passive dosimetry exposure data, provided the human pharmacokinetics of the pesticide or metabolite/analog compounds (i.e., whichever method is selected as an indicator of body burden or internal dose) allow for the back calculation to the total internal dose. 3. For products with both indoor and outdoor uses, and similar conditions of use, data are generally required for the indoor applications only. However, data for outdoor uses are required if the Agency expects outdoor uses to result in greater exposure than indoor uses (e.g., higher use rates and application frequency, or longer exposure duration, or application methods/equipment create potential for increased dermal or inhalation exposure in outdoor versus indoor use sites). In certain cases, when a pesticide may be used both indoors and outdoors under dissimilar conditions of use, the Agency may require submission of applicator exposure data for both use patterns. 4. EPA will consider waiving this data requirement for antimicrobials applied via closed loading systems if the antimicrobial has a low vapor pressure. 5. Data reporting and calculations are required only if handler exposure data are required. § 158.2270 Post-application exposure. (e) Test notes. The following test notes apply to the data requirements in the table to paragraph (d) of this section: (a) General. Subpart B of this part and § 158.2201 describe how to use the table in paragraph (d) of this section to determine the post-application exposure data requirements for antimicrobial pesticide products. The data generated during these studies are used to determine the quantity of pesticide to which people may be exposed after application. Notes that apply to an individual test, including speci�c conditions, quali�cations, or exceptions to the designated test, are listed in paragraph (e) of this section. (1) Post-application exposure data are required when certain toxicity criteria are met and the human activities associated with the pesticide's use pattern can lead to potential adverse exposures. Guideline No. Data requirements Use sites Test substance Test note No.Occupational Residential https://www.ecfr.gov/current/title-40/section-26.1125 http://www.epa.gov/osa/hsrb/index.htm https://www.ecfr.gov/current/title-40/section-158.2260#p-158.2260(d) https://www.ecfr.gov/current/title-40/part-158/subpart-B https://www.ecfr.gov/current/title-40/section-158.2201 https://www.ecfr.gov/current/title-40/section-158.2270#p-158.2270(d) https://www.ecfr.gov/current/title-40/section-158.2270#p-158.2270(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 125/137 Table - Antimicrobial Post-Application Exposure Data Requirements 875.2200 Soil residue dissipation CR CR TEP 2, 3 (2) The Agency may accept surrogate exposure data estimations and/or modeling estimations from other sources to satisfy exposure data requirements. The surrogate data must meet the basic quality assurance, quality control, good laboratory practice, and other scienti�c requirements set by EPA. To be acceptable, the Agency must �nd that the surrogate exposure data estimations have adequate information to address the applicable exposure data requirements and contain adequate monitoring events of acceptable quality. The data must re�ect the speci�c use prescribed on the label and the activity of concern, including formulation type, application methods and rates, type of activity, and other pertinent information. (b) Criteria for testing. Post-application exposure data described in the table to paragraph (d) of this section are required based on toxicity and exposure criteria. Data are required if at least one of the toxicity criteria in paragraph (b)(1) of this section, and at least one of the exposure criteria in paragraph (b)(2) of this section are met. (1) Toxicity criteria. (i) Evidence of potentially signi�cant adverse effects have been observed in any applicable toxicity studies. (ii) Scienti�cally sound epidemiological or poisoning incident data with a clear cause-effect relationship indicating that adverse health effects may have resulted from exposure to the pesticide. (2) Exposure criteria (i) Outdoor uses. (A) Occupational human post-application or bystander exposure to residues of antimicrobial pesticides could occur as the result of, but is not limited to, worker reentry into treatment sites, clean-up and equipment maintenance tasks, handling wood preservative-treated wood, or other work-related activity. (B) Residential human post-application or bystander exposure to residues of antimicrobial pesticides could occur following the application of antimicrobial pesticides to outdoor areas and spaces at residential sites, such as, but not limited to homes, daycare centers, and other public buildings. (ii) Indoor uses. (A) Occupational human post-application or bystander exposure to pesticide residues could occur following the application of the antimicrobial pesticide to indoor spaces or surfaces. (B) Residential human post-application or bystander exposure to pesticide residues could occur following the application of the antimicrobial pesticide to indoor spaces or surfaces at residential sites, such as, but not limited to homes, daycare centers, hospitals, schools, and other public buildings. (c) Key. R = Required; CR = Conditionally required; NR = Not required; TEP = Typical end-use product. (d) Antimicrobial post-application exposure data requirements table. The following table shows the data requirements for post-application exposure. The test notes appear in paragraph (e) of this section. Guideline No. Data requirement Use sites Test substance Test note No.Occupational Residential https://www.ecfr.gov/current/title-40/section-158.2270#p-158.2270(d) https://www.ecfr.gov/current/title-40/section-158.2270#p-158.2270(b)(1) https://www.ecfr.gov/current/title-40/section-158.2270#p-158.2270(b)(2) https://www.ecfr.gov/current/title-40/section-158.2270#p-158.2270(e) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 126/137 875.2300 Indoor surface residue dissipation CR R TEP 3, 4, 5, 6 875.2400 Dermal exposure CR CR TEP 1, 7, 8 875.2500 Inhalation exposure CR CR TEP 1,7, 8, 9 875.2600 Biological monitoring CR CR TEP 1, 8 875.2700 Product use information R R TEP 875.2800 Description of human activity R R TEP 875.2900 Data reporting and calculations R R TEP 10 1. Prior to initiation of the study, protocols involving intentional exposure of human subjects must be submitted for review by EPA and then the Human Studies Review Board (HSRB) according to 40 CFR 26.1125. Examples of proposed human study research can be found in various reviews provided by the Human Studies Review Board (HSRB) (http://www.epa.gov/osa/hsrb/index.htm). 2. For residential wood preservative uses, data may be required if soil has the potential to be an important exposure pathway, and soil is in contact with or adjacent to treated wood, including but not limited to decks, play sets, and gazebos, 3. Protocols must be approved by the Agency prior to the initiation of the study. 4. For wood preservatives, data are required for treated wood surfaces where post-application contact with treated wood is anticipated. 5. For occupational uses, data are required if the pesticide may be applied to or around surfaces, and if the human activity data indicate that workers are likely to have post-application dermal contact with treated surfaces while participating in typical activities. 6. Data are required for residential use sites, schools, and daycare institutions. This includes but is not limited to the following: Residential and public access premises; material preservatives (including those used in residential products, including but not limited to clothing and plastic toys) and wood preservatives (when contact with treated wood is likely to occur). 7. Data are required for occupational and residential uses if the human activity data indicate the potential for post-application dermal and/or inhalation exposures while participating in typical activities and no acceptable modeling options are available. 8. Biological monitoring data may be submitted in addition to, or in lieu of, dermal and inhalation passive dosimetry exposure data provided the human pharmacokinetics of the pesticide or metabolite/analog compounds (i.e., whichever method is selected as an indicator of body burden or internal dose) allow for a back calculation to the total internal dose. (e) Test notes. The following test notes apply to the data requirements in the table to paragraph (d) of this section: Guideline No. Data requirement Use sites Test substance Test note No.Occupational Residential https://www.ecfr.gov/current/title-40/section-26.1125 http://www.epa.gov/osa/hsrb/index.htm https://www.ecfr.gov/current/title-40/section-158.2270#p-158.2270(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 127/137 9. Data are required for occupational and residential uses if there is the potential for bystander exposure and the pesticide use could result in respirable and/or inhalable material (e.g., gas, vapor, aerosol, or particulates). 10. Data reporting and calculations are required only if post-application exposure data are required. § 158.2280 Environmental fate. Table - Antimicrobial Environmental Fate Data Requirements (a) General. Subpart B of this part and § 158.2201 describe how to use the table in paragraph (c) of this section to determine the environmental fate data requirements for antimicrobial pesticide products. Notes that apply to an individual test including speci�c conditions, quali�cations, or exceptions are listed in paragraph (d) of this section. (1) Environmental fate data are required to support the registrations of all end-use and manufacturing-use antimicrobial products. (2) Data on transformation/degradation products or leachate residues of the parent compound are also required to support registration, if the transformation/degradation products or leachate residues meet one of the following criteria: (i) More toxic, persistent, or bioaccumulative than the parent; (ii) Have been shown to cause adverse effects in mammalian or aquatic reproductive studies; or (iii) The moiety of concern (i.e., functional group in the parent chemical molecule that imparts adverse effects) remains intact. (3) For the purpose of determining data requirements, the all other use patterns category includes the following use patterns: (i) Agricultural premises and equipment. (ii) Food-handling/storage establishments, premises, and equipment. (iii) Commercial, institutional and industrial premises and equipment. (iv) Residential and public access premises. (v) Medical premises and equipment. (vi) Human drinking water systems. (vii) Materials preservatives. (viii) Swimming pools. (b) Key. MP = Manufacturing use product; EP = End-use product; R = Required; CR = Conditionally required; NR = Not required; TGAI = Technical grade of the active ingredient; TEP = Typical end-use product; PAIRA = Pure active ingredient radiolabeled; ROC = residue of concern. (c) Antimicrobial environmental fate data requirements table. The following table shows the data requirements for environmental fate. The test notes appear in paragraph (d) of this section. Guideline No. Data requirement Use pattern Guideline No. Data requirement Use pattern https://www.ecfr.gov/current/title-40/part-158/subpart-B https://www.ecfr.gov/current/title-40/section-158.2201 https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(c) https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(d) https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(d) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 128/137 Degradation Studies - Laboratory 835.2120 Hydrolysis R R R R R T o P 835.2240 Photodegradation in water R R R R R T o P 835.2410 Photodegradation in soil NR NR R NR NR T o P Toxicity and Fate in Wastewater Systems 850.6800 Activated Sludge, Respiration Inhibition Test R R R NR R T OECD 209 835.1110 Activated Sludge Sorption Isotherm CR CR CR NR CR T 835.3110 Ready Biodegradability CR CR CR NR CR T 835.3220 Porous Pot Study CR CR CR NR CR T 835.3280 Simulation Tests to Assess the Biodegradability of Chemicals Discharged in Wastewater CR CR CR NR CR T Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category Degradation Studies - Laboratory 835.2120 Hydrolysis R R R R R T o P 835.2240 Photodegradation in water R R R R R T o P 835.2410 Photodegradation in soil NR NR R NR NR T o P Toxicity and Fate in Wastewater Systems 850.6800 Activated Sludge, Respiration Inhibition Test R R R NR R T OECD 209 835.1110 Activated Sludge Sorption Isotherm CR CR CR NR CR T 835.3110 Ready Biodegradability CR CR CR NR CR T 835.3220 Porous Pot Study CR CR CR NR CR T 835.3280 Simulation Tests to Assess the Biodegradability of Chemicals Discharged in Wastewater CR CR CR NR CR T Industrial processes and water systems Antifoulant coatings and paints Wood preservatives Aquatic areas All other use patterns category 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 129/137 835.3240 Simulation Test Aerobic Sewage Treatment: A. Activated Sludge Units CR CR CR NR CR T Mobility Studies 835.1230 Leaching and adsorption/de sorption R R R R CR T o P 835.1240 Metabolism Studies - Laboratory 835.4100 Aerobic soil metabolism CR NR R CR CR T o P 835.4200 Anaerobic soil metabolism NR NR R NR CR T o P 835.4300 Aerobic aquatic metabolism R R R R CR T o P 835.4400 Anaerobic aquatic metabolism R R R R CR T o P Dissipation Studies - Field 835.6200 Aquatic (sediment) CR R CR R CR T Ground and Surface Water Monitoring 835.3240 Simulation Test Aerobic Sewage Treatment: A. Activated Sludge Units CR CR CR NR CR T Mobility Studies 835.1230 Leaching and adsorption/de sorption R R R R CR T o P 835.1240 Metabolism Studies - Laboratory 835.4100 Aerobic soil metabolism CR NR R CR CR T o P 835.4200 Anaerobic soil metabolism NR NR R NR CR T o P 835.4300 Aerobic aquatic metabolism R R R R CR T o P 835.4400 Anaerobic aquatic metabolism R R R R CR T o P Dissipation Studies - Field 835.6200 Aquatic (sediment) CR R CR R CR T Ground and Surface Water Monitoring 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 130/137 1. For testing antifoulant paints and coatings, testing is to be performed separately with both sterile buffered distilled water and sterile synthetic seawater at pHs 5, 7, and 9. 2. Not required if: i. The electronic absorption spectra, measured at pHs 5, 7 and 9, of the chemical and its hydrolytic products, if any, show no absorption or tailing between 290 and 800 nm, inclusive; or ii. The results of the hydrolysis study at all three pHs (5, 7, and 9) demonstrates a half-life of less than 30 days. 3. The results of the activated sludge, respiration inhibition (ASRI) test determine which of the following tests are required: Ready biodegradability, porous pot, the biodegradation in activated sludge study as described in the “Simulation Tests to Assess the Biodegradability of Chemicals Discharged in Wastewater,” or simulation test aerobic sewage treatment: A. activated sludge units. i. If the ASRI test EC is equal to or less than 20 mg/L, then the applicant must choose either to: A. Conduct the biodegradation in activated sludge study as described in the “Simulation Tests to Assess the Biodegradability of Chemicals Discharged in Wastewater”; B. Conduct the porous pot test; or C. Conduct the simulation test - aerobic sewage treatment: A. activated sludge units. ii. If the ASRI test EC is greater than 20 mg/L, then the applicant must choose either to: A. Conduct a ready biodegradability study; or B. Conduct one of the following studies: The biodegradation in activated sludge study as described in the “Simulation Tests to Assess the Biodegradability of Chemicals Discharged in Wastewater,” the porous pot test, or the simulation test - aerobic sewage treatment: A. activated sludge units. None Monitoring of representative U.S. waters CR CR CR CR CR R Special Studies None Special leaching NR R R NR NR T None Monitoring of representative U.S. waters CR CR CR CR CR R Special Studies None Special leaching NR R R NR NR T (d) Test notes. The following test notes apply to the data requirements in the table in paragraph (c) of this section: 50 50 https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(c) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 131/137 4. Pass criteria for the ready biodegradability study are: 70 percent removal of dissolved organic carbon (DOC) and 60 percent removal of theoretical oxygen demand (ThOD) or theoretical carbon dioxide (ThCO ) production for respirometric methods. These pass levels must be reached in a 10-day window within the 28-day period of the test. If the antimicrobial passes the ready biodegradability study, then no further testing is required. If the antimicrobial fails the ready biodegradability study, then the applicant must conduct one of the following studies: The biodegradation in activated sludge study as described in the “Simulation Tests to Assess the Biodegradability of Chemicals Discharged in Wastewater,” the porous pot test, or the simulation test - aerobic sewage treatment: A. activated sludge units. 5. For the all other use patterns category (as speci�ed in § 158.2280(a)(3)), data are required based on a weight-of-evidence evaluation of the results of the hydrolysis, photodegradation in water, activated sludge sorption isotherm, biodegradability, and activated sludge, respiration inhibition tests. 6. Adsorption and desorption using a batch equilibrium method is preferred. In some cases, as when the antimicrobial pesticide degrades rapidly, soil column leaching with unaged or aged columns may be more appropriate to fully characterize the potential mobility of the parent compound and major transformation products. 7. For industrial processes and water systems, aquatic areas, and the all other use patterns category (as speci�ed in § 158.2280(a)(3)), data are required based on a weight-of-evidence evaluation of the results of the hydrolysis, photodegradation in water, activated sludge sorption isotherm, biodegradability, and activated sludge, respiration inhibition tests. 8. The environmental media (soil, water, hydrosoil, and biota) to be utilized in these studies must be collected from areas representative of potential use sites. 9. For industrial processes and water systems, and aquatic areas, data are required for use sites that are intermittently dry. 10. Data are not required if the antimicrobial is an inorganic substance or a metal salt; or if the standardized soil pro�les demonstrate that the antimicrobial is likely to readily degrade either microbially or via redox reactions (chemically) and no transformation/degradate/leachate products of concern (as described under § 158.2280(a) (2)) are produced. 11. Analytical methods used to generate data associated with this study must include results of a successful con�rmatory method trial by an independent laboratory. 12. Protocols must be approved by the Agency prior to the initiation of the study. 13. For industrial processes and water systems, wood preservatives, and the all other use patterns category (as speci�ed in § 158.2280(a)(3)), data are required based on the potential for aquatic exposure and if the weight of-evidence indicates that the active ingredient or principal transformation products are likely to have the potential for persistence, mobility, nontarget aquatic toxicity, or bioaccumulation. 14. Data are required if the weight-of-evidence indicates that the active ingredient or principal transformation products are likely to occur in nontarget freshwater, estuarine, or marine waters such that human or environmental exposures are likely to occur. In making that determination, the Agency takes into account other factors such as the toxicity of the chemical(s), available monitoring data and the vulnerability of the freshwater, estuarine, or marine water resources in the antimicrobial use area. 15. For wood preservatives, an aquatic leaching study is required. A soil leaching study is required if human or environmental exposures are likely to occur from leachates that contain the active ingredient or principal transformation products from wood treated with a preservative product. Protocols must be approved by the Agency prior to the initiation of the study. 16. For antifoulant paints and coatings, a leaching study is required. Protocols must be approved by the Agency prior to the initiation of the study. 2 https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(a)(3) https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(a)(3) https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(a)(2) https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(a)(3) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 132/137 17. Protocols, which include the residues of concern (such as parent, degradate/transformation product, and/or leachate residues) that would be monitored, must be approved by the Agency prior to the initiation of the study. 18. A biodegradation study is not required if the antimicrobial meets one or more of the following criteria: i. Classi�ed as a metal, ii. Relatively volatile, but not hydrophobic, iii. Highly reactive, iv. Both the parent and all transformation/degradate products (as described under § 158.2280(a)(2)) have half lives of less than 3 hours, v. None of the registered or proposed product uses would result in transport of the parent and its transformation/degradate products (as described under § 158.2280(a)(2)) to a wastewater treatment plant. 19. The activated sludge sorption isotherm test is not required if the antimicrobial is: i. Relatively volatile, but not hydrophobic; ii. Highly reactive; or iii. The log K is less than 3.0. 20. If the criteria of test note 19 of this paragraph are not met, then the activated sludge sorption isotherm test is required if one or more of the following criteria are also met: i. The antimicrobial is a metal, ii. The log K is greater than or equal to 3.0, iii. The antimicrobial is positively charged or polycationic, iv. The EC in the activated sludge, respiration inhibition test is less than or equal to 20 mg/L, v. The EC in the activated sludge, respiration inhibition test is greater than 20 mg/L, and the antimicrobial fails the ready biodegradability study. 21. The activated sludge respiration inhibition study is not required if none of the registered or proposed product uses would result in transport of the parent and its transformation/degradate products (as described under § 158.2280(a)(2)) to a wastewater treatment plant. § 158.2290 Residue chemistry. ow ow 50 50 (a) General. Subpart B of this part and § 158.2201 describe how to use the table in paragraph (h) of this section to determine the residue chemistry data requirements for antimicrobial pesticide products. Notes that apply to an individual test including speci�c conditions, quali�cations, or exceptions are listed in paragraph (i) of this section. (b) Residue chemistry data are required for: (1) Antimicrobial end-use products with uses that may result in residues in or on food, including but not limited to: (i) Products that require a tolerance, tolerance exemption, or food additive regulation or clearance. https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(a)(2) https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(a)(2) https://www.ecfr.gov/current/title-40/section-158.2280#p-158.2280(a)(2) https://www.ecfr.gov/current/title-40/part-158/subpart-B https://www.ecfr.gov/current/title-40/section-158.2201 https://www.ecfr.gov/current/title-40/section-158.2290#p-158.2290(h) https://www.ecfr.gov/current/title-40/section-158.2290#p-158.2290(i) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 133/137 Table - Antimicrobial Residue Chemistry Data Requirements Supporting Information 860.1100 Chemical identity R R R R TGAI 860.1200 Directions for use R R R R 860.1550 Proposed tolerance/tolerance exemption R R R R 1 860.1560 Reasonable grounds in support of petition R R R R 1 (ii) Products that may be used to treat livestock or poultry drinking water, for food egg washing, or for fruit and vegetable rinses. (iii) Products that may be applied to a surface or incorporated into a material that may contact food or feed. Data are required regardless of whether the antimicrobial is applied or impregnated for the purpose of imparting antimicrobial protection to external surfaces of the substance or article, or for the purpose of protecting the substance or article itself. (iv) Products that may be applied to water that have the potential to result in residues in potable water, or in water used for livestock and poultry drinking water, irrigation of crops, or water containing �sh that may be used for human food. (v) Wood preservative or antifoulant products intended for treating submerged materials that may result in food contact (e.g., lobster pots, �sh cages on �sh farms). (2) Each manufacturing-use product bearing directions for formulation into an end-use product bearing uses described in paragraph (b)(1) of this section. (c) Residue chemistry data are not required under paragraph (b) of this section if no adverse effects (no toxicity endpoints) are associated with dietary exposure to the active ingredient or if theoretical (high end) dietary exposure estimates combined with the applicable toxicity endpoint result in acute and chronic dietary risks that are below the Agency levels of concern. (d) For purposes of this section, Magnitude of the Residue Studies include the following: Food-handling, migration studies, potable water, �sh, irrigated crops, meat/milk/poultry/eggs, crop �eld trails, processed food or feed, and anticipated residues. (e) If the antimicrobial chemical may be applied to a �eld crop, then the residue chemistry data requirements of § 158.1410 apply. (f) The following term is de�ned for the purposes of this section: Residue of concern means the parent pesticidal compound and its metabolites, degradates, and impurities of toxicological concern. (g) Key. R = Required; CR = Conditionally required; NR = Not required; TGAI = Technical grade of the active ingredient; TEP = Typical end-use product; PAI = Pure active ingredient; PAIRA = Pure active ingredient radiolabeled; ROC = Residue of concern. (h) Antimicrobial residue chemistry data requirements table. The following table shows the data requirements for residue chemistry. The test notes appear in paragraph (i) of this section. Guideline No. Data requirement Uses Test substance Test note No. Agricultural premise Indirect food Direct food Aquatic https://www.ecfr.gov/current/title-40/section-158.2290#p-158.2290(b)(1) https://www.ecfr.gov/current/title-40/section-158.2290#p-158.2290(b) https://www.ecfr.gov/current/title-40/section-158.1410 https://www.ecfr.gov/current/title-40/section-158.2290#p-158.2290(i) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 134/137 860.1650 Submittal of analytical reference standards R R R R PAI/ROC 2 Food-Contact Surfaces or Impregnated Materials 860.1460 Food-handling CR CR CR CR TEP 3 None Nature of residue on surfaces CR CR CR CR PAIRA or TGAI 4 None Migration studies CR CR CR CR TEP 5 860.1340 Residue analytical method for data collection CR CR CR CR ROC 6 860.1380 Storage stability R R R R TEP or ROC 7 Higher tiered 860.1300 Nature of the residue in plants CR CR CR CR PAIRA 8 860.1300 Nature of the residue in livestock CR CR CR CR PAIRA 9 860.1340 Residue analytical methods for tolerance/tolerance exemption enforcement CR CR CR CR ROC 10 860.1360 Multiresidue method testing CR CR CR CR ROC 11 860.1400 Potable water CR CR CR CR TEP 12 860.1400 Fish CR CR CR CR TEP 13 860.1400 Irrigated crops CR CR CR CR TEP 14 Guideline No. Data requirement Uses Test substance Test note No. Agricultural premise Indirect food Direct food Aquatic 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 135/137 860.1480 Meat/milk/poultry/eggs CR CR CR CR TGAI or ROC 15 860.1500 Crop �eld trials CR CR CR CR TEP 16 860.1520 Processed food or feed CR CR CR CR TEP 17 None Anticipated residues CR CR CR CR ROC 18 1. A petition proposing a numerical tolerance or a tolerance exemption is required for any food or feed use subject to section 408 of FFDCA if the use is not covered by an existing tolerance or tolerance exemption. If the use is subject to FFDCA section 409, the applicant must identify to EPA an applicable section 409 food additive regulation or clearance, or submit a copy of a petition to FDA requesting a section 409 food additive regulation or clearance for the food or feed use. 2. An analytical reference standard is required for any food or feed use requiring a numeric tolerance or exemption. Material safety data sheets as speci�ed by the Occupational Safety and Health Administration in 29 CFR 1910.1200 must accompany analytical standards. 3. Data are required if a pesticide may be used in a food-handling establishment unless data including, but not limited to, theoretical (high-end) estimates, radiolabeled laboratory data, or the nature of the residue on surfaces study show that residues will not occur in food or feed. 4. If an antimicrobial pesticide may be applied to a food-contact surface or impregnated into a food-contact material and if theoretical (high-end) estimates of exposure exceed EPA's risk level of concern, then the nature of the residue on surfaces study is required. Protocols must be approved by the Agency prior to the initiation of the study. 5. Based on the results of the nature of the residue on surfaces study, if residues of concern are identi�ed, then the migration study will be required. Protocols must be approved by the Agency prior to the initiation of the study. 6. If a magnitude of the residue study, as speci�ed in § 158.2290(d), is required, then a residue analytical method suitable for collecting data is also required. The method must be capable of determining all residues of concern, to permit calculation of dietary risk or to establish a tolerance or tolerance exemption. 7. If a magnitude of the residue study, as speci�ed in § 158.2290(d), is required, then storage stability data are also required, unless analytical samples are stored for 30 days or less. If, during hazard characterization, a residue has been identi�ed as “of concern” and is known to be volatile or labile, then storage stability data are required regardless of sample storage time. 8. If crop plants or metabolically active raw agricultural commodities of food crops may be directly or indirectly exposed to an antimicrobial, plant metabolism studies are required to determine the transformation products that may enter the human diet. Such exposure could include, but is not limited to: i. Treatment of storage or shipping containers, ii. Postharvest fruit and vegetable treatment prior to shipping or storage, iii. Use of antimicrobial-treated water for irrigation, and iv. Any direct food contact use. (i) Test notes. The following test notes apply to the data requirements in the table to paragraph (h) of this section: Guideline No. Data requirement Uses Test substance Test note No. Agricultural premise Indirect food Direct food Aquatic https://www.ecfr.gov/current/title-29/section-1910.1200 https://www.ecfr.gov/current/title-40/section-158.2290#p-158.2290(d) https://www.ecfr.gov/current/title-40/section-158.2290#p-158.2290(d) https://www.ecfr.gov/current/title-40/section-158.2290#p-158.2290(h) 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 136/137 9. If livestock may be exposed to an antimicrobial, then hen and ruminant metabolism studies are required to determine the identities of residues of concern that may enter the human diet from consumption of livestock commodities. Livestock may be exposed via the oral, dermal, or inhalation route following treatment or contamination of sites including, but not limited to, livestock premises, feed, and drinking water. Shell eggs and other metabolically active livestock products may also be treated. If livestock may be exposed to one or more residues of concern differing from those found in animals, then one or more additional livestock metabolism studies involving dosing with these residues may be required. 10. If there is a numerical tolerance or tolerance exemption level to enforce, then a residue analytical method suitable for enforcement purposes is required. The method must be supported by an independent laboratory validation. 11. If there is a numerical tolerance or tolerance exemption level to enforce, then testing is required to determine whether the Food and Drug Administration/United States Department of Agriculture multiresidue methodology would detect and identify the antimicrobial and its residues of concern, as part of programs to monitor pesticides in the U.S. food supply. 12. Data are required if an antimicrobial may be applied directly to water or if there is the potential that the antimicrobial-treated water could be used directly for drinking water purposes by humans or animals or that contaminated water could run-off, leach, or be discharged from treated sites or materials and make its way into potable water. 13. Data are required if an antimicrobial may be applied directly to water inhabited by �sh or that will be inhabited by �sh or if contaminated water could run-off, leach, or be discharged from treated sites or materials and make its way into bodies of water containing �sh that may be used for human consumption. 14. Data are required if an antimicrobial may be applied directly to water used for irrigation of food crops or such that contaminated water could run-off, leach, or be discharged from treated sites or materials to make its way into water used for irrigation of food crops. 15. If the antimicrobial may be applied directly to livestock, metabolically-active livestock commodities (e.g., eggs), livestock feed or drinking water, or livestock premises, or a livestock metabolism study indicates that residues of the antimicrobial may result in livestock commodities, studies are required to determine the magnitude of the residues of concern in fat, meat, meat by-products, milk, poultry, and eggs that may be consumed by humans. These studies, however, may not be required in cases where the livestock metabolism studies indicate that transfer of pesticide residues of concern to tissues, milk, and eggs is not expected to occur at the maximum expected exposure level for the animals. 16. If food crops or raw agricultural commodities of food crops may be exposed to an antimicrobial, then residue studies are required to determine the magnitude of the residues of concern that may enter the human diet. Such exposures include, but are not limited to, postharvest fruit and vegetable treatments and application of antimicrobial chemicals to �eld crops, mushroom houses, empty or occupied beehives, or wood used to construct beehives. 17. Data on the nature and magnitude of residues in processed food or feed are required if antimicrobial residues could potentially concentrate on processing. If so, the establishment of a separate tolerance higher than that in the raw agricultural commodity may be required. 18. Data are required when dietary exposure values at the tolerance level or screening-level (high-end) result in estimates of dietary or aggregate risk that meet or exceed the Agency's level of concern. These data may include, but are not limited to, washing, cooking, processing, or degradation studies as well as market basket surveys for a more realistic residue determination. Protocols must be approved by the Agency prior to the initiation of the study. Subparts X-Z [Reserved] §§ 158.2300-158.2500 [Reserved] 9/16/21, 2:49 PM eCFR :: 40 CFR Part 158 -- Data Requirements for Pesticides https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-158 137/137 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 1/20 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 159 - STATEMENTS OF POLICIES AND INTERPRETATIONS Authority: 7 U.S.C. 136-136y. Source: 63 FR 49388, Sept. 19, 1997, unless otherwise noted. Subparts A-C [Reserved] Subpart D - Reporting Requirements for Risk/Bene�it Information § 159.152 What the law requires of registrants. § 159.153 De�initions. View table of contents for this page (a) Section 6(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) states: “If at any time after the registration of a pesticide the registrant has additional factual information regarding unreasonable adverse effects on the environment of the pesticide, he shall submit such information to the Administrator.” (b) Section 152.50(f)(3) of this chapter requires applicants to submit, as part of an application for registration, any factual information of which he is aware regarding unreasonable adverse effects of the pesticide on humans or the environment, which would be required to be reported under section 6(a)(2) if the product were registered. (c) Compliance with this part will satisfy a registrant's obligations to submit additional information pursuant to section 6(a)(2) and will satisfy an applicant's obligation to submit additional information pursuant to § 152.50(f)(3) of this chapter. (a) For the purposes of reporting information pursuant to FIFRA section 6(a)(2), the de�nitions set forth in FIFRA section 2 and in 40 CFR part 152 apply to this part unless superseded by a de�nition in paragraph (b) of this section. (b) For purposes of reporting information pursuant to FIFRA section 6(a)(2), the following de�nitions apply only to this subpart: ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 https://www.ecfr.gov/current/title-40/section-152.50#p-152.50(f)(3) https://www.ecfr.gov/current/title-40/section-152.50#p-152.50(f)(3) https://www.ecfr.gov/current/title-40/part-152 https://www.ecfr.gov/current/title-40/section-159.153#p-159.153(b) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 2/20 [62 FR 49388, Sept. 19, 1997, as amended at 63 FR 33582, June 19, 1998; 73 FR 75596, Dec. 12, 2008] § 159.155 When information must be submitted. Established level means a tolerance, temporary tolerance, food additive regulation, action level, or other limitation on pesticide residues imposed by law, regulation, or other authority. Formal Review means Special Review, Rebuttable Presumption Against Registration (RPAR), FIFRA section 6(c) suspension proceeding, or FIFRA section 6(b) cancellation proceeding, whether completed or not. Hospitalization means admission for treatment to a hospital, clinic or other health care facility. Treatment as an out-patient is not considered to be hospitalization. Maximum contaminant level (MCL) means the maximum permissible level, established by EPA, for a contaminant in water which is delivered to any user of a public water system. Non-target organism means any organism for which pesticidal control was either not intended or not legally permitted by application of a pesticide. Pesticide means a pesticide product which is or was registered by EPA, and each active ingredient, inert ingredient, impurity, metabolite, contaminant or degradate contained in, or derived from, such pesticide product. Quali�ed expert means one who, by virtue of his or her knowledge, skill, experience, training, or education, could be quali�ed by a court as an expert to testify on issues related to the subject matter on which he or she renders a conclusion or opinion. Under Rule 702 of the Federal Rules of Evidence, a person may be quali�ed as an expert on a particular matter by virtue of “knowledge, skill, experience, training, or education.” In general, EPA wants registrants to report information when a person has relevant expert credentials, e.g., a medical doctor giving a medical opinion, a plant pathologist giving an opinion on plant pathology, etc. Registrant includes any person who holds, or ever held, a registration for a pesticide product issued under FIFRA section 3 or 24(c). Similar species means two or more species belonging to the same general taxonomic groups: The general taxonomic groups for purposes of this requirement are: mammals, birds, reptiles, amphibians, �sh, aquatic invertebrates, insects, arachnids, aquatic plants (including macrophyte, �oating, and submerged plants), and terrestrial (all non-aquatic) plants. Water reference level means the level speci�ed in paragraph (1) or (2) of this de�nition, whichever is lower. (1) Ten percent of the maximum contaminant level (MCL) established by EPA, or if no MCL has been established by EPA, 10 percent of the most recent draft or �nal long term health advisory level (HAL) established by EPA, or if EPA has not published or proposed an MCL or HAL, the lowest detectable amount of the pesticide. (2) The ambient water quality criteria for the protection of aquatic life, established by EPA pursuant to section 304(a) of the Clean Water Act. (a) The following reportable information must be received by EPA not later than the 30th calendar day after the registrant �rst possesses or knows of the information: (1) Scienti�c studies described in § 159.165. https://www.federalregister.gov/citation/62-FR-49388 https://www.federalregister.gov/citation/63-FR-33582 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-159.165 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 3/20 [63 FR 33582, June 19, 1998] § 159.156 How information must be submitted. A submission under FIFRA section 6(a)(2) must be delivered to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b). (2) Information about discontinued studies described in § 159.167. (3) Human epidemiological and exposure studies described in § 159.170. (4) Detection of a pesticide in or on food or feed described in § 159.178(a). (5) Detection of metabolites, degradates, contaminates, impurities described in § 159.179. (6) Failure of performance studies described in § 159.188(a)(2), (b)(2), and (c). (7) Other information described in § 159.195. (b) Reportable information concerning detections of pesticides in water described in § 159.178(b), adverse effects incidents described in § 159.184(a), and e�cacy failure incidents described in § 159.188(a)(1) and (b)(1) must be reported according to the time frames set forth in § 159.184(d). (c) EPA may, in its discretion, notify a registrant in writing of a different reporting period that will apply to speci�c types of reportable information or eliminate reporting requirements entirely. Such noti�cation supersedes otherwise applicable reporting requirements set forth in this part. (d) For purposes of this part, a registrant possesses or knows of information at the time any o�cer, employee, agent, or other person acting for the registrant �rst comes into possession of, or knows of, such information; provided that, such person performs any activities for the registrant related to the development, testing, sale or registration of a pesticide or the person could be reasonably expected to come into possession of information otherwise reportable under this part. In the case of information known to or possessed by an agent or other person acting for the registrant, a registrant is responsible for such information only if the agent or other person acquired such information while acting for the registrant. (a) Include a cover letter which contains the information requested in paragraphs (d) and (e) of this section, and a prominent statement that the information is being submitted in accordance with FIFRA section 6(a)(2). (b) Contain the name of the submitter, registrant name and registration number, date of transmittal to EPA, the type of study or incident being reported under §§ 159.165 through 159.195, and a statement of why the information is considered reportable under this part. (c) Identify the substance tested or otherwise covered by the information (including, if known, the EPA registration number(s) to which the information pertains, and if known, the CAS Registry Number). (d) In reporting incidents, provide the data listed in § 159.184, to the extent such information is available. (e) In submitting scienti�c studies, follow the procedures set forth in § 158.32 or § 161.32 of this chapter, as applicable. https://www.federalregister.gov/citation/63-FR-33582 https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) https://www.ecfr.gov/current/title-40/section-159.167 https://www.ecfr.gov/current/title-40/section-159.170 https://www.ecfr.gov/current/title-40/section-159.178#p-159.178(a) https://www.ecfr.gov/current/title-40/section-159.179 https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(a)(2) https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(b)(2) https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(c) https://www.ecfr.gov/current/title-40/section-159.195 https://www.ecfr.gov/current/title-40/section-159.178#p-159.178(b) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(a) https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(a)(1) https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(b)(1) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(d) https://www.ecfr.gov/current/title-40/section-159.156#p-159.156(d) https://www.ecfr.gov/current/title-40/section-159.156#p-159.156(e) https://www.ecfr.gov/current/title-40/section-159.165 https://www.ecfr.gov/current/title-40/section-159.195 https://www.ecfr.gov/current/title-40/section-159.184 https://www.ecfr.gov/current/title-40/section-158.32 https://www.ecfr.gov/current/title-40/section-161.32 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 4/20 [63 FR 49388, Sept. 19, 1997, as amended at 69 FR 39864, July 1, 2004; 71 FR 35545, June 21, 2006; 72 FR 61028, Oct. 26, 2007] § 159.158 What information must be submitted. (f) If the information is part of a larger package being submitted in order to comply with another provision of FIFRA (e.g., sections 3(c)(2)(B), 4(e)(1)(E)), identify in the transmittal the individual studies being submitted under this part. (g) If a claim of con�dentiality is made under FIFRA section 10 for information relating to any part of a study or incident report contained in the submission, follow the procedures set forth in § 158.33 or § 161.33 of this chapter, as applicable regarding the identi�cation and segregation of information claimed to be con�dential. (h) If a submission includes a study subject to the �agging requirements of § 158.34 or § 161.34 of this chapter, as applicable, comply with the requirements of that section, and, if the �agging statement is positive, identify it as 6(a)(2) information in the transmittal. (i) If a submission is a follow-up to an earlier study or incident report submitted to EPA, the transmittal must state that fact, and must cite the earlier submission, as follows: (1) If the earlier submission was a study to which EPA assigned a Master Record Identi�er number (MRID), cite the MRID. (2) If the previous submission was an incident report to which no MRID number was assigned, cite the date of the initial submission of the incident information or report. (a) General. Information which is reportable under this part must be submitted if the registrant possesses or receives the information, and the information is relevant to the assessment of the risks or bene�ts of one or more speci�c pesticide registrations currently or formerly held by the registrant. Information relevant to the assessment of the risks or bene�ts also includes conclusion(s) or opinion(s) rendered by a person who meets any of the following: (1) Who was employed or retained (directly or indirectly) by the registrant, and was likely to receive such information. (2) From whom the registrant requested the opinion(s) or conclusion(s) in question. (3) Who is a quali�ed expert as described in § 159.153(b). (b) Exceptions (1) Clearly erroneous information. Information need not be submitted if before that date on which the registrant must submit such information if all of the following conditions are met: (i) The registrant discovers that any analysis, conclusion, or opinion was predicated on data that were erroneously generated, recorded, or transmitted, or on computational errors. (ii) Every author of each such analysis, conclusion, or opinion, or as many authors as can be contacted through the use of reasonable diligence, has acknowledged in writing that the analysis, conclusion, or opinion was improper and has either corrected the original analysis, conclusion, or opinion accordingly, or provided an explanation as to why it cannot be corrected. https://www.federalregister.gov/citation/63-FR-49388 https://www.federalregister.gov/citation/69-FR-39864 https://www.federalregister.gov/citation/71-FR-35545 https://www.federalregister.gov/citation/72-FR-61028 https://www.ecfr.gov/current/title-40/section-158.33 https://www.ecfr.gov/current/title-40/section-161.33 https://www.ecfr.gov/current/title-40/section-158.34 https://www.ecfr.gov/current/title-40/section-161.34 https://www.ecfr.gov/current/title-40/section-159.153#p-159.153(b) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 5/20 (iii) As a result of the correction, the information is no longer required to be reported under FIFRA section 6(a)(2), or if no correction was possible, the authors agree that the original analysis, conclusion or opinion has no scienti�c validity. (2) Previously submitted information. Information regarding an incident, study, or other occurrence need not be submitted if before the date on which the registrant must submit such information, the registrant is aware that the reportable information concerning that incident, study, or other occurrence is contained completely in one of the following: (i) Documents o�cially logged in by the EPA O�ce of Pesticide Programs. (ii) EPA publications, EPA hearing records, or publications cited in EPA FEDERAL REGISTER notices. (iii) Any other documents which are contained in the o�cial �les and records of the EPA O�ce of Pesticide Programs. (iv) Any documents o�cially logged in by the EPA O�ce of Pollution Prevention and Toxics under the provisions of section 8(e) of the Toxic Substances Control Act, provided that if the information pertains to a chemical compound which, subsequent to the submission of data under section 8(e), becomes the subject of an application for registration as a pesticide active ingredient, information is submitted to the O�ce of Pesticide Programs as required by 40 CFR 152.50(f) (3). (3) Publications. A published article or report containing information otherwise reportable under this part need not be submitted if it �ts into either of the following categories: (i) Any scienti�c article or publication which has been abstracted in a recognized database of scienti�c and medical literature, such as Medline, ENBASE, Toxline or Index Medicus, if the abstract in question clearly identi�ed the active ingredient or the registered pesticide(s) to which the information pertains. Otherwise reportable information received by or known to the registrant prior to publication of an abstract concerning the information must be reported and may not be withheld pending such publication. (ii) Reports or publications which have been made available to the public by any of the following Federal agencies: Centers for Disease Control and Prevention, Consumer Products Safety Commission, Department of Agriculture, Department of the Interior, Food and Drug Administration or any other agency or institute a�liated with the Department of Health and Human Services. Otherwise reportable information concerning research which was performed, sponsored, or funded by the registrant which may also appear in forthcoming Government reports or publications must be reported and may not be withheld pending publication. (4) Information concerning former inerts, contaminants or impurities. Notwithstanding any other provisions of this part, a registrant need not report information concerning a chemical compound that was at one time an inert ingredient or a contaminant or impurity of a pesticide product, and would otherwise be reportable under this part, if both of the following conditions are met: (i) The compound has been eliminated from its registered product due to changes in manufacturing processes, product formulation or by other means. https://www.ecfr.gov/current/title-40/section-152.50#p-152.50(f)(3) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 6/20 [62 FR 49388, Sept. 19, 1997; 63 FR 33582, June 19, 1998] § 159.159 Information obtained before promulgation of the rule. [62 FR 49388, Sept. 19, 1997; 63 FR 33582, June 19, 1998, as amended at 63 FR 41193, Aug. 3, 1998] § 159.160 Obligations of former registrants. (ii) The registrant has informed the appropriate product manager in the O�ce of Pesticide Programs in writing of the presence previously of the inert, contaminant or impurity in the product and its subsequent elimination from the product. (a) Notwithstanding any other provision of this part, information held by registrants on August 17, 1998 which has not been previously submitted to the Agency, but which is reportable under the terms of this part, must be submitted to the Agency if it meets any of the following criteria: (1) Information is otherwise reportable under § 159.184, and pertains to an incident that is alleged to have occurred on or after January 1, 1994, and to have involved any of the following: (i) A fatality or hospitalization of a human being. (ii) A fatality of a domestic animal. (iii) A fatality or fatalities to �sh or wildlife, if the incident meets the criteria for the exposure type and severity category designation “W-A” set forth in § 159.184(c) (5)(iii). (2) Submission of the information is requested by the Agency pursuant to § 159.195(c). (b) If a registrant possesses information required to be submitted by paragraph (a)(1) of this section, the registrant must submit on or before June 16, 1999 in accordance with § 159.156(c), (d), and (e) an inventory of the incidents that meet the requirements of paragraphs (a)(1) of this section. Such an inventory must include the separate number of incidents that meet the requirements of paragraphs (a)(1)(i), (a)(1)(ii), and (a)(1)(iii) of this section, and for each type of incident, the total numbers of fatalities or hospitalizations involved. (c) If a registrant possesses information required to be submitted by paragraph (a)(2) of this section, the information must be submitted in accordance with any schedule contained in the Agency's request for the information. (a) General. A former registrant is obliged to continue to submit information concerning the registration of a pesticide product previously held by the registrant and otherwise reportable under the provisions of this part for a period of 5 years after the registration of the pesticide product has been canceled or transferred to another registrant, with the exceptions provided by paragraph (b) of this section. (b) Exceptions. Notwithstanding the provisions of paragraph (a) of this section, a former registrant is not obligated to report information pursuant to this part if any of the following conditions are applicable: https://www.federalregister.gov/citation/62-FR-49388 https://www.federalregister.gov/citation/63-FR-33582 https://www.federalregister.gov/citation/62-FR-49388 https://www.federalregister.gov/citation/63-FR-33582 https://www.federalregister.gov/citation/63-FR-41193 https://www.ecfr.gov/current/title-40/section-159.184 https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(5)(iii) https://www.ecfr.gov/current/title-40/section-159.195#p-159.195(c) https://www.ecfr.gov/current/title-40/section-159.159#p-159.159(a)(1) https://www.ecfr.gov/current/title-40/section-159.156#p-159.156(c) https://www.ecfr.gov/current/title-40/section-159.156#p-159.156(d) https://www.ecfr.gov/current/title-40/section-159.156#p-159.156(e) https://www.ecfr.gov/current/title-40/section-159.159#p-159.159(a)(1) https://www.ecfr.gov/current/title-40/section-159.159#p-159.159(a)(1)(i) https://www.ecfr.gov/current/title-40/section-159.159#p-159.159(a)(1)(ii) https://www.ecfr.gov/current/title-40/section-159.159#p-159.159(a)(1)(iii) https://www.ecfr.gov/current/title-40/section-159.159#p-159.159(a)(2) https://www.ecfr.gov/current/title-40/section-159.160#p-159.160(b) https://www.ecfr.gov/current/title-40/section-159.160#p-159.160(a) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 7/20 [62 FR 49388, Sept. 19, 1997; 63 FR 33582, June 19, 1998, as amended at 73 FR 75596, Dec. 12, 2008] § 159.165 Toxicological and ecological studies. Adverse effects information must be submitted as follows: (1) The information is �rst obtained by the person more than 1 year after the date on which the person ceased to hold the registration of the product to which the information pertains, and the person holds no active pesticide registrations, or for some other reason cannot reasonably be expected to receive information concerning the formerly registered product. (2) The information is associated solely with an inert ingredient, contaminant, impurity, metabolite, or degradate contained in a product, and the information is �rst obtained by the person more than 1 year after the date upon which the person ceased to hold the registration of the product. (3) The information is associated with an active ingredient or a formerly registered product, and the active ingredient or every active ingredient contained in the formerly registered product has not been contained in any pesticide product registered in the United States for any part of the 3-year period preceding the date on which the person �rst obtained the information. (4) The information pertains solely to a formerly registered product that no longer meets the de�nition of “pesticide” in section 2(u) of FIFRA. (c) Information arising from litigation. Notwithstanding any other provisions of this section, a former registrant is obliged to submit information otherwise reportable under this part concerning formerly-registered pesticide products which arises in the course of litigation concerning the effects of such products, regardless of when the information is �rst acquired, provided that neither of the provisions of paragraphs (b)(3) or (b)(4) of this section are met. Such information shall be submitted in the same manner and according to the same schedules as it would have to be submitted by a current registrant of a pesticide product to which the information pertained. (a) Toxicological studies. (1) The results of a study of the toxicity of a pesticide to humans or other non-target domestic organisms if, relative to all previously submitted studies, they show an adverse effect under any of the following conditions: (i) That is in a different organ or tissue of the test organism. (ii) At a lower dosage, or after a shorter exposure period, or after a shorter latency period. (iii) At a higher incidence or frequency. (iv) In a different species, strain, sex, or generation of test organism. (v) By a different route of exposure. (2) Acute oral, acute dermal, acute inhalation or skin and eye irritation studies in which the only change in toxicity is a numerical decrease in the median lethal dose (LD ), median lethal concentration (LC ) or irritation indices, are not reportable under this part unless the results indicate a more restrictive toxicity category for labeling under the criteria of 40 CFR 156.62. 50 50 https://www.federalregister.gov/citation/62-FR-49388 https://www.federalregister.gov/citation/63-FR-33582 https://www.federalregister.gov/citation/73-FR-75596 https://www.ecfr.gov/current/title-40/section-159.160#p-159.160(b)(3) https://www.ecfr.gov/current/title-40/section-159.160#p-159.160(b)(4) https://www.ecfr.gov/current/title-40/section-156.62 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 8/20 (b) Ecological studies. The results of a study of the toxicity of a pesticide to terrestrial or aquatic wildlife or plants if, relative to all previously submitted studies, they show an adverse effect under any of the following conditions: (1) At levels 50 percent or more lower than previous acute toxicity studies with similar species, including determinations of the median lethal dose (LD ), median lethal concentration (LC ), or median effective concentration (EC ). 50 50 50 (2) At lower levels in a chronic study than previous studies with similar species. (3) In a study with a previously untested species the results indicate the chronic no observed effect level (NOEL) is 10 percent or less of the lowest LC or LD for a similar species. 50 50 (4) For plants when tested at the maximum label application rate or less, if either of the following conditions is met: (i) More than 25 percent of terrestrial plants show adverse effects on plant life cycle functions and growth such as germination, emergence, plant vigor, reproduction and yields. (ii) More than 50 percent of aquatic plants show adverse effects on plant life cycle functions and growth such as germination, emergence, plant vigor, reproduction and yields. (c) Results from a study that demonstrates any toxic effect (even if corroborative of information already known to the Agency), must be submitted if the pesticide is or has been the subject of a Formal Review based on that effect within 5 years of the time the results are received. Within 30 calendar days of the publication of a Notice of Commencement of a Formal Review in the FEDERAL REGISTER, all information which has become reportable due to the commencement of the Formal Review must be submitted. (d) Incomplete studies. Information from an incomplete study of the toxicity to any organism of a registered pesticide product or any of its ingredients, impurities, metabolites, or degradation products which would otherwise be reportable under paragraphs (a), (b) or (c) of this section must be submitted if the information meets any one of the folowing three sets of criteria: (1) Short-term studies. A study using a test regimen lasting 90 calendar days or less, and all of the following conditions are met: (i) All testing has been completed. (ii) A preliminary data analysis or gross pathological analysis has been conducted. (iii) Final analysis has not been completed. (iv) A reasonable period for completion of the �nal analysis not longer than 90 calendar days following completion of testing has elapsed. (v) Comparable information concerning the results of a completed study would be reportable. (2) Long-term studies. A study using a test regimen lasting more than 90 calendar days, and all of the following conditions are met: (i) All testing has been completed. (ii) A preliminary data analysis or gross pathological analysis has been conducted. https://www.ecfr.gov/current/title-40/section-159.165#p-159.165(a) https://www.ecfr.gov/current/title-40/section-159.165#p-159.165(b) https://www.ecfr.gov/current/title-40/section-159.165#p-159.165(c) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 9/20 [62 FR 49388, Sept. 19, 1997; 63 FR 33582, June 19, 1998; 73 FR 75597, Dec. 12, 2008] § 159.167 Discontinued studies. The fact that a study has been discontinued before the planned termination must be reported to EPA, with the reason for termination, if submission of information concerning the study is, or would have been, required under this part. § 159.170 Human epidemiological and exposure studies. Information must be submitted which concerns any study that a person described in § 159.158(a) has concluded, or might reasonably conclude, shows that a correlation may exist between exposure to a pesticide and observed adverse effects in humans. Information must also be submitted which concerns exposure monitoring studies that indicate higher levels of risk or exposure than would be expected based on previously available reports, data, or exposure estimates. Such information must be submitted regardless of whether the registrant considers any observed correlation or association to be signi�cant. § 159.178 Information on pesticides in or on food, feed or water. (iii) Final analysis has not been completed. (iv) A reasonable period of completion of �nal analysis (not longer that 1 year following completion of testing) has elapsed. (v) Comparable information concerning the results of a completed study would be reportable. (3) Serious adverse effects. Any study in which testing or analysis of results is not yet complete but in which serious adverse effects have already been observed which may reasonably be attributed to exposure to the substances tested, because the effects observed in exposed organisms differ from effects observed in control organisms, are atypical in view of historical experience with the organism tested, or otherwise support a reasonable inference of causation, and 30 days have passed from the date the registrant �rst has the information. (a) Food and feed. Information must be submitted if it shows that the pesticide is present in or on food or feed at a level in excess of established levels, except that information on excess residues resulting solely from studies conducted under authority of FIFRA section 5 or under other controlled research studies conducted to test a pesticide product need not be submitted, provided that the treated crop is not marketed as a food or feed commodity. The information to be submitted is the same as that required in § 159.184(c) (1), (2), (3), and (4)(iv)(E), (F), (G), and (H). (b) Water. (1) Information must be submitted if it shows that a pesticide is present above the water reference level in any of the following instances: (i) Waters of the United States, as de�ned in § 122.2 of this chapter, except paragraph (d) of § 122.2. (ii) Ground water. (iii) Finished drinking water. https://www.federalregister.gov/citation/62-FR-49388 https://www.federalregister.gov/citation/63-FR-33582 https://www.federalregister.gov/citation/73-FR-75597 https://www.ecfr.gov/current/title-40/section-159.158#p-159.158(a) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(1) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(2) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(3) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(4)(iv)(E) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(4)(iv)(F) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(4)(iv)(G) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(4)(iv)(H) https://www.ecfr.gov/current/title-40/section-122.2 https://www.ecfr.gov/current/title-40/section-122.2#p-122.2(d) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 10/20 [62 FR 49388, Sept. 19, 1997; 63 FR 33582, June 19, 1998] § 159.179 Metabolites, degradates, contaminants, and impurities. (2) If the lowest detectable amount of the pesticide is reported, the detection limit must also be reported. (3) Information need not be submitted regarding the detection of a pesticide in waters of the United States or �nished drinking water if the pesticide is registered for use in �nished drinking water or surface water and the amount detected does not exceed the amounts reported by a registrant in its application for registration, as resulting in those waters from legal applications of the pesticide. (4) Information need not be submitted concerning detections of pesticides in waters of the United States, ground water or �nished drinking water if the substance detected is an inert ingredient, or a metabolite, degradate, contaminant or impurity of a pesticide product, unless EPA has established or proposed a maximum contaminant level (MCL) or health advisory level (HAL) for that substance, or has estimated a health advisory level based on an established reference dose (RfD) for that substance, and noti�ed registrants of that level. (5) Information to be submitted is the same as that required in § 159.184(c)(1), (2), (3), (4)(iv) and (v), and (5)(vi). (a) Metabolites and degradates. Information which shows the existence of any metabolite or degradate of a pesticide product must be submitted if either of the following conditions is met: (1) The metabolite or degradate may occur or be present under conditions of use of the pesticide product, and the existence of the metabolite or degradate or the association of the metabolite or degradate with the pesticide product has not been previously reported to EPA. (2) The metabolite or degradate has been previously reported, but it is detected at levels higher than any previously reported; and either of the following conditions is met: (i) Any person described in § 159.158(a) has concluded that the metabolite or degradate may pose a toxicological or ecological risk based on any one or more of the following: (A) The physical or chemical properties of the metabolite or degradate. (B) Data regarding structurally analogous chemicals. (C) Data regarding chemical reactivity of the metabolite or degradate and structurally analogous substances. (D) Data on the metabolite or degradate. (ii) The registrant has concluded, or has been advised by any person described in § 159.158(a) that the metabolite or degradate, or analogous chemicals, may have any experimentally determined half-life greater than 3 weeks as shown from laboratory aerobic soil metabolism studies or �eld dissipation studies, or may have any experimentally determined resistance to hydrolytic degradation, or photolytic degradation on soil or in water, under any conditions, resulting in degradation of less than 10 percent in a 30-day period. https://www.federalregister.gov/citation/62-FR-49388 https://www.federalregister.gov/citation/63-FR-33582 https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(1) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(2) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(3) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(4)(iv) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(4)(v) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(5)(vi) https://www.ecfr.gov/current/title-40/section-159.158#p-159.158(a) https://www.ecfr.gov/current/title-40/section-159.158#p-159.158(a) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 11/20 [62 FR 49388, Sept. 19, 1997; 63 FR 33582, June 19, 1998] § 159.184 Toxic or adverse e�ect incident reports. (b) Contaminants and impurities. The presence in any pesticide product of a contaminant or impurity not previously identi�ed by the registrant as part of the pesticide product's approved composition must be reported pursuant to this part if the contaminant or impurity is present in the product in any of the following quantities: (1) Quantities greater than 0.1 percent by weight (1,000 parts per million). (2) Quantities that EPA considers, and so informs registrants, to be of toxicological signi�cance. (3) Quantities that the registrant considers to be of toxicological signi�cance. (4) Quantities above a level for which the registrant has information indicating that the presence of the contaminant or impurity may pose a risk to health or the environment. (5) Quantities that a person described in § 159.158(a) has informed the registrant is likely to be of toxicological signi�cance. (a) General. Information about incidents affecting humans or other non-target organisms must be submitted if the following three conditions are met: (1) The registrant is aware, or has been informed that a person or non-target organism may have been exposed to a pesticide. (2) The registrant is aware, or has been informed that the person or non-target organism suffered a toxic or adverse effect, or may suffer a delayed or chronic adverse effect in the future. (3) The registrant has or could obtain information concerning where the incident occurred, the pesticide or product involved, and the name of a person to contact regarding the incident. (b) Exceptions. Information regarding an incident need not be submitted if any of the following conditions are met: (1) The registrant is aware of facts which clearly establish that the reported toxic effect, or reported exposure, did not or will not occur. (2) The registrant has been noti�ed in writing by the Agency that the reporting requirement has been waived for this incident or category of incidents, and the registrant has not been noti�ed in writing by the Agency that the waiver is rescinded. (3) It concerns a toxic effect to non-target plants, which were at the use site at the time the pesticide was applied, if the label provides adequate notice of such a risk. (4) It concerns non-lethal phytotoxicity to the treated crop if the label provides an adequate notice of such a risk. (5) It concerns a toxic effect to pests not speci�ed on the label, provided that such pests are similar to pests speci�ed on the label. https://www.federalregister.gov/citation/62-FR-49388 https://www.federalregister.gov/citation/63-FR-33582 https://www.ecfr.gov/current/title-40/section-159.158#p-159.158(a) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 12/20 (6) It concerns minor skin or eye irritation effects warned of on the label of a product which is registered for use in residential use sites, and the effects occurred as a result of use in a residential site. (c) Required information on individual incidents. To the extent that the registrant has any of the information listed in paragraphs (c)(1) through (c)(4) of this section, the registrant must supply the information on each pesticide incident that meets the requirements outlined in paragraph (a) of this section. If the registrant acquires additional information concerning an incident previously reported to the Agency under this part, such information shall be reported if it meets the criteria set forth in paragraph (f) of this section. In the future, the Agency may by notice specify a format for such submissions. The Administrative, Pesticide, Circumstance and Exposure Type(s) of information must be reported for individual incidents, except where the provisions of paragraph (e) of this section allow for aggregated summary forms of reporting, or if EPA in the future grants permission in writing for alternative reporting formats. The registrant must also provide one or more Exposure Type and Severity categories and their designations for each incident as set forth in paragraph (c)(5) of this section, depending on the applicability of the criteria listed below. The criteria listed should be used in assigning a category. For example, an incident which allegedly caused serious but non-fatal effects to human beings and domestic animals might be designated “H-B: D-B.” When a single incident involves multiple pesticides, the registrant need only report on their speci�c product. However, if a single incident involves more than one type of non-target organism - for example, both humans and domestic animals are involved - all appropriate available information dealing with each of the victims must also be reported. The informational items below are grouped by sections for ease in reporting pesticide incidents. (1) Administrative. Pesticide incident reports must be submitted if the registrant possesses or receives any of the following information, and the incident meets the minimum requirements set forth in paragraph (a) of this section: (i) Name of reporter, address, and telephone number. (ii) Name, address, and telephone number of contact person (if different than reporter). (iii) Incident report status (e.g., new or update); if update, include the date of original submission. (iv) Date registrant became aware of the incident. (v) Date of incident (if appropriate, list start and end dates). (vi) Location of incident (city, county and state). (vii) Is incident part of a larger study. (viii) Source if different from reporting registrant. (2) Pesticide. Pesticide incident reports must be submitted for each pesticide that may have contributed to the incident, if the registrant possesses or receives any of the following information, and the incident meets the minimum requirements set forth in paragraph (a) of this section: (i) Product name. (ii) Active ingredient(s). (iii) EPA Registration Number. https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(1) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(4) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(a) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(f) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(e) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(5) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(a) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(a) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 13/20 (iv) Diluted for use, or concentrate. (v) Formulation, if known. (3) Circumstance. Pesticide incident reports must be submitted if the registrant possesses or receives any of the following information, and the incident meets the minimum requirements set forth in paragraph (a) of this section: (i) Evidence the label directions were not followed (e.g., yes, no, unknown). (ii) How exposed (e.g., spill, drift, equipment failure, container failure, mislabeling, runoff, etc.). (iii) Situation (e.g., household use, mixing/loading, application, reentry, disposal, transportation, other (describe)). (iv) Use site (e.g., home, yard, commercial turf, agricultural (specify crop), industrial, building/o�ce, school, nursery, greenhouse, pond/lake/stream, well, forest/woods, other. (v) Applicator certi�ed (yes, no, unknown). (vi) A brief description of the circumstances of the incident. (4) Other incident speci�c information. Pesticide incident reports must be submitted if the registrant possesses or receives any of the following information, and the incident meets the minimum requirements set forth in paragraph (a) of this section: (i) If the incident involves humans: (A) Route of exposure (skin, eye, respiratory, oral). (B) List signs/symptoms/adverse effects. (C) If laboratory tests were performed, list name of test(s) and results. (D) If available, submit laboratory report(s). (E) Time between exposure and onset of symptoms. (F) Was adverse effect the result of suicide/homicide or attempted suicide/homicide. (G) Type of medical care sought, (e.g., none, Poison Control Center, hospital emergency department, hospital inpatient, private physician, clinic, other). (H) Demographics (sex, age, occupation). (I) If female, pregnant? (J) Exposure data: amount of pesticide; duration of exposure; weight of victim. (K) Was exposure occupational; days lost due to illness. (L) Was protective clothing worn (specify). (ii) If domestic animal: (A) Type of animal (e.g., livestock, poultry, bird, �sh, household pet e.g., dog/cat etc.). https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(a) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(a) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 14/20 (B) List signs/symptoms/adverse effects. (C) Breed/species (name and number affected, per adverse effect). (D) Route of exposure (e.g., skin, eye, respiratory, oral). (E) Time between exposure and onset of symptoms. (F) If laboratory test(s) performed, list name of tests and results. (G) If available, submit laboratory report(s). (iii) If �sh, wildlife, plants or other non-target organisms: (A) List species affected, and number of individuals per species. (B) List symptoms or adverse effects. (C) Magnitude of the effect (e.g., miles of streams, square area of terrestrial habitat). (D) Pesticide application rate, intended use site (e.g., corn, turf), and method of application. (E) Description of the habitat and the circumstances under which the incident occurred. (F) If plant, type of plant life (i.e., crop, forest, orchard, home garden, ornamental, forage). (G) Formulation of pesticide if not indicated by brand name (granular, �owable). (H) Distance from treatment site. (I) If laboratory test(s) performed, list name of test(s) and results. (J) If available, submit laboratory report(s). (iv) If surface water: (A) If raw water samples, water bodies sampled and approximate locations in each water body. (B) If raw water samples, proximity of sampling locations to drinking water supply intakes and identities of systems supplied. (C) If �nished water samples, water supply systems sampled. (D) If �nished water samples, percent surface water source by speci�c surface water sources to water supply system(s). (E) Sample type (grab, composite). (F) Sampling times/frequency. (G) Pesticides and degredates analyzed for, the detection limits, and the amount detected. (H) Method of analysis. (v) If ground water: 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 15/20 (A) Pesticides and degredates analyzed for, the analytical method used, the detection limits, and the amount detected. (B) Sample date. (C) Amount pesticide applied (lbs-ai/acre). (D) Date of last application. (E) Depth to water. (F) Latitude/longitude. (G) Soil series and texture (sand/silt/clay). (H) Frequency of applications per year. (I) Aquifer description (con�ned/uncon�ned). (J) Method of application. (K) Years pesticide used. (L) Well use and well identi�er. (M) Screened interval. (N) Annual cumulative rainfall (inches). (O) Maximum rainfall and date. (P) Cumulative irrigation (inches). (Q) Hydrologic group. (R) Hydraulic conductivity. (S) pH. (T) Organic matter or organic carbon (percent). (vi) If property damage. (A) Provide description. (B) [Reserved] (5) Exposure types and severity category designations (i) Humans. If an effect involves a human, provide the appropriate 2-letter exposure types and severity categories and their designations, based upon the following categories: (A) H-A: If the person died. (B) H-B: If the person alleged or exhibited symptoms which may have been life-threatening, or resulted in adverse reproductive effects or in residual disability. (C) H-C: If the person alleged or exhibited symptoms more pronounced, more prolonged or of a more systemic nature than minor symptoms. Usually some form of treatment of the person would have been Indicated. 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 16/20 Symptoms were not life threatening and the person has returned to his/her pre-exposure state of health with no additional residual disability. (D) H-D: If the person alleged or exhibited some symptoms, but they were minimally traumatic. The symptoms resolved rapidly and usually involve skin, eye or respiratory irritation. (E) H-E: If symptoms are unknown, unspeci�ed or are alleged to be of a delayed or chronic nature that may appear in the future. (ii) Domestic animals. If an effect involves a domestic animal, provide the appropriate 2-letter notation based upon the following categories: (A) D-A: If the domestic animal died or was euthanized. (B) D-B: If the domestic animal exhibited or was alleged to have exhibited symptoms which may have been life-threatening or resulted in residual disability. (C) D-C: If the domestic animal exhibited or was alleged to have exhibited symptoms which are more pronounced, more prolonged or of a more systemic nature than minor symptoms. Usually some form of treatment would have been indicated to treat the animal. Symptoms were not life threatening and the animal has returned to its pre-exposure state of health with no additional residual disability. (D) D-D: If the domestic animal was alleged to have exhibited symptoms, but they were minimally bothersome. The symptoms resolved rapidly and usually involve skin, eye or respirator irritation. (E) D-E: If symptoms are unknown or not speci�ed. (iii) Fish or wildlife. If an alleged effect involves �sh or wildlife, label the incident W A if any of the following criteria are met, or W-B if none of the criteria are met: (A) Involves any incident caused by a pesticide currently in Formal Review forecological concerns. (B) Fish: Affected 1,000 or more individuals of a schooling species or 50 or more individuals of a non-schooling species. (C) Birds: Affected 200 or more individuals of a �ocking species, or 50 or moreindividuals of a songbird species, or 5 or more individuals of a predatory species. (D) Mammals, reptiles, amphibians: Affected 50 or more individuals of a relatively common or herding species or 5 or more individuals of a rare or solitary species. (E) Involves effects to, or illegal pesticide treatment (misuse) of a substantial tract of habitat (greater than or equal to 10 acres, terrestrial or aquatic). (F) Involves a major spill or discharge (greater than or equal to 5,000 gallons) of a pesticide. (G) Involves adverse effects caused by a pesticide, to federally listed endangered or threatened species. (iv) Plants. If an alleged effect involves damage to plants, label the incident P-A if the following criterion is met, or P-B if the criterion is not met: 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 17/20 (A) The effect is alleged to have occurred on more than 45 percent of the acreage exposed to the pesticide. (B) [Reserved] (v) Other non-target organisms. If an alleged effect involves damage to non-target organisms other than �sh, wildlife or plants (for example, bene�cial insects), label the incident ONT. (vi) Water contamination. If a pesticide is alleged to have been detected in groundwater, surface water or �nished drinking water, label the incident in accordance with the following criteria: (A) G-A: If the pesticide was detected at levels greater than the maximum contaminant level (MCL) or health advisory level (HAL) or an applicable criterion for ambient water quality. (B) G-B: If the pesticide was detected at levels greater than 10 percent of the MCL, HAL or a criterion for ambient water quality but does not exceed the MCL or other applicable level. (C) G-C: If the pesticide was detected at levels less than 10 percent of the MCL, HAL, or other applicable level, or there is no established level of concern. (vii) Property damage. If an incident involves alleged property damage the applicable term(s) shall be included along with any other applicable effect category label; for example, “H-B: property damage.” Label the incident in accordance with the following criteria: (A) PD-A: The product is alleged to have caused damage in a manner that could have caused direct human injury, such as �re or explosion. (B) PD-B: The product is alleged to have caused damage in excess of $5,000. (C) PD-C: Any allegation of property damage that does not meet the criteria of paragraphs (c)(5)(vii)(A) or (B) of this section, including cases in which the level of damages is not speci�ed. (d) Time requirements for submitting incident information. Information concerning incidents reportable under this section must be submitted within the time frames listed for different exposure and severity categories, as follows: (1) For allegations involving human fatality (H-A), registrants must submit the required information, to the extent it is available, no later than 15 days after learning of an allegation. (2) Information concerning incidents which meet the criteria for the following exposure and severity category labels described in paragraph (c)(5) of this section, reports of detections of pesticides in water, and e�cacy failure incidents may be described in § 159.188(a)(1) and (b)(1), may be accumulated for a 30-day period, and submitted to the Agency within 30 days after the end of each 30-day accumulation period for: Humans, H-B, and H-C; Wildlife, W-A; Plants, P-A; Water, G-A; Property Damage, PD-A. (3) Incidents or reports of detections of pesticides in water meeting all other exposure and severity label categories, information may be accumulated by registrants for 90 days and submitted within 60 days after the end of each 90-day accumulation period. https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(5)(vii)(A) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(5)(vii)(B) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(5) https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(a)(1) https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(b)(1) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 18/20 [62 FR 49388, Sept. 19, 1997; 63 FR 33583, June 19, 1998] § 159.188 Failure of performance information. (e) Aggregated reports. For incidents that are reportable under the schedule requirements of paragraph (d)(3) of this section, in lieu of individual reports containing the information listed in paragraphs (c)(1) through (c)(4) of this section, registrants must provide an aggregated report listing: (1) The time period covered by the report. (2) For each exposure and severity label category, a count of the number of incidents, listed by product registration number (if known) or active ingredient. (3) A count of domestic animal incidents in categories, other than D-A or D-B, which can be added together and reported as a single number. (f) Reporting additional information. If, after the submission of an incident report to the Agency, a registrant acquires additional information concerning that incident, the information should be submitted within the same time frame as applied to the original incident report, if any of the following conditions apply: (1) The information concerns an alleged human fatality (H-A), and the information consists of any of the elements listed in paragraphs (c)(1) through (c)(4) of this section. (2) The information concerns an incident originally reported as alleging a major human illness or injury (H-B), or fatality to a domestic animal (D-A), or wildlife (W-A), and the additional information consists of pesticide or circumstance information listed in paragraphs (c)(2) or (c)(3) of this section, or is a laboratory report concerning persons or animals involved in the incident. (3) The information concerns any incident not originally reported with one of the exposure and severity labels H-A, or H-B for human incidents, or at the “A” level of severity for any other exposure or incident type, and the new information would result in labeling the incident H-A or H-B for a human incident, or at the “A” level of severity for any other exposure or incident type listed in paragraph (c)(5) of this section. (a) Microorganisms that pose a risk to human health. Information must be submitted which concerns either incidents described in paragraph (a)(1) of this section or a study described in paragraph (a)(2) of this section: (1) Information which concerns an incident which meets all of the following conditions: (i) The registrant has been informed that a pesticide product may not have performed as claimed against target microorganisms. (ii) The possible failures of the pesticide to perform as claimed involved the use against microorganisms which may pose a risk to human health. (iii) The pesticide product's use site is other than residential. (iv) The registrant has or could obtain information concerning where the incident occurred, the pesticide or product involved, and the name of a person to contact regarding the incident. https://www.federalregister.gov/citation/62-FR-49388 https://www.federalregister.gov/citation/63-FR-33583 https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(d)(3) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(1) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(4) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(1) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(4) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(2) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(3) https://www.ecfr.gov/current/title-40/section-159.184#p-159.184(c)(5) https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(a)(1) https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(a)(2) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 19/20 [63 FR 49388, Sept. 19, 1997, as amended at 72 FR 61029, Oct. 26, 2007] § 159.195 Reporting of other information. (2) A study which indicates that the pesticide may not perform in accordance with one or more claims made by the registrant regarding uses intended for control of microorganisms tha may pose a risk to human health, including any of the public health antimicrobials identi�ed in part 161 of this chapter. (b) Animals that pose a risk to human health. For the purposes of this section, any animal (including insects) poses a risk to human health if it may cause disease in humans, either directly or as a disease vector; produce toxins that are harmful to humans; or cause direct physical harm to humans. Information must be submitted which concerns either incidents described in paragraph (b)(1) of this section or a study described in paragraph (b)(2) of this section. (1) Information which concerns an incident which meets all of the following conditions: (i) The registrant has been informed by municipal, State, or Federal public health o�cials that a pesticide product may not have performed as claimed against target animals. (ii) The possible failures of the pesticide to perform as claimed involved the use against animals that pose a risk to human health. (iii) The registrant has or could obtain information concerning where the incident occurred, the pesticide or product involved, and the name of a person to contact regarding the incident. (2) A study which indicates that the pesticide may not perform in accordance with one or more claims by the registrant regarding uses intended for control of animals that pose a risk to human health, including any of the public health pesticides identi�ed in part 158 of this chapter. (c) Development of pesticide resistance. Information must be submitted concerning substantiation of any incident of a pest having developed resistance to any pesticide (both public health and non-public health) that occurred under conditions of use, application rates and methods speci�ed on the label if either of the following conditions is met: (1) The survival of the suspected pesticide-resistant pest was signi�cantly higher than that of a known susceptible pest when both the suspected resistant and susceptible pests were treated with the pesticide under controlled conditions. (2) Biochemical tests or DNA sequencing indicate that the pest is resistant to the pesticide. (a) The registrant shall submit to the Administrator information other than that described in §§ 159.165 through 159.188 if the registrant knows, or reasonably should know, that if the information should prove to be correct, EPA might regard the information alone or in conjunction with other information about the pesticide as raising concerns about the continued registration of a product or about the appropriate terms and conditions of registration of a product. Examples of the types of information which must be provided if not already reportable under some other provision of this part include but are not limited to information showing: https://www.federalregister.gov/citation/63-FR-49388 https://www.federalregister.gov/citation/72-FR-61029 https://www.ecfr.gov/current/title-40/part-161 https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(b)(1) https://www.ecfr.gov/current/title-40/section-159.188#p-159.188(b)(2) https://www.ecfr.gov/current/title-40/part-158 https://www.ecfr.gov/current/title-40/section-159.165 https://www.ecfr.gov/current/title-40/section-159.188 9/16/21, 2:50 PM eCFR :: 40 CFR Part 159 -- Statements of Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-159 20/20 [62 FR 49388, Sept. 19, 1997; 63 FR 33583, June 19, 1998] (1) Previously unknown or unexpected bioaccumulation of a pesticide by various life forms. (2) Greater than anticipated drift of pesticides to non-target areas. (3) Use of a pesticide may pose any greater risk than previously believed or reported to the Agency. (4) Use of a pesticide promotes or creates secondary pest infestations. (5) Any information which might tend to invalidate a study submitted to the Agency to support a pesticide registration. (b) A registrant is not obligated under paragraph (a) of this section to provide information to the Administrator if the registrant is aware of facts which establish that otherwise reportable information is not correct. (c) The registrant shall submit to the Administrator information other than that described in §§ 159.165 through 159.188 if the registrant has been informed by EPA that such additional information has the potential to raise questions about the continued registration of a product or about the appropriate terms and conditions of registration of a product. https://www.federalregister.gov/citation/62-FR-49388 https://www.federalregister.gov/citation/63-FR-33583 https://www.ecfr.gov/current/title-40/section-159.195#p-159.195(a) https://www.ecfr.gov/current/title-40/section-159.165 https://www.ecfr.gov/current/title-40/section-159.188 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 1/17 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 160 - GOOD LABORATORY PRACTICE STANDARDS Authority: 7 U.S.C. 136a, 136c, 136d, 136f, 136j, 136t, 136v, 136w; 21 U.S.C. 346a, 371, Reorganization Plan No. 3 of 1970. Source: 54 FR 34067, Aug. 17, 1989, unless otherwise noted. Subpart A - General Provisions § 160.1 Scope and applicability. [73 FR 75597, Dec. 12, 2008] § 160.3 De�initions. As used in this part the following terms shall have the meanings speci�ed: Application for research or marketing permit means any of the following: View table of contents for this page (a) This part prescribes good laboratory practices for conducting studies that support or are intended to support applications for research or marketing permits for pesticide products regulated by the EPA. This part is intended to assure the quality and integrity of data submitted pursuant to sections 3, 4, 5, 8, 18 and 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, and section 408 or 409 of the Federal Food, Drug and Cosmetic Act. (b) This part applies to any study described by paragraph (a) of this section which any person conducts, initiates, or supports on or after October 16, 1989. (1) An application for registration, amended registration, or reregistration of a pesticide product under FIFRA sections 3, 4 or 24(c). (2) An application for an experimental use permit under FIFRA section 5. (3) An application for an exemption under FIFRA section 18. (4) A petition or other request for establishment or modi�cation of a tolerance, for an exemption for the need for a tolerance, or for other clearance under FFDCA section 408. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.federalregister.gov/citation/73-FR-75597 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 https://www.ecfr.gov/current/title-40/section-160.1#p-160.1(a) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 2/17 Batch means a speci�c quantity or lot of a test, control, or reference substance that has been characterized according to § 160.105(a). Carrier means any material, including but not limited to feed, water, soil, nutrient media, with which the test substance is combined for administration to a test system. Control substance means any chemical substance or mixture, or any other material other than a test substance, feed, or water, that is administered to the test system in the course of a study for the purpose of establishing a basis for comparison with the test substance for known chemical or biological measurements. EPA means the U.S. Environmental Protection Agency. Experimental start date means the �rst date the test substance is applied to the test system. Experimental termination date means the last date on which data are collected directly from the study. FDA means the U.S. Food and Drug Administration. FFDCA means the Federal Food, Drug and Cosmetic Act, as amended (21 U.S.C. 321 et seq). FIFRA means the Federal Insecticide, Fungicide and Rodenticide Act as amended (7 U.S.C. 136 et seq). Person means an individual, partnership, corporation, association, scienti�c or academic establishment, government agency or organizational unit thereof, or any other legal entity. Quality assurance unit means any person or organizational element, except the study director, designated by testing facility management to perform the duties relating to quality assurance of the studies. Raw data means any laboratory worksheets, records, memoranda, notes, or exact copies thereof, that are the result of original observations and activities of a study and are necessary for the reconstruction and evaluation of the report of that study. In the event that exact transcripts of raw data have been prepared (e.g., tapes which have been transcribed verbatim, dated, and veri�ed accurate by signature), the exact copy or exact transcript may be substituted for the original source as raw data. “Raw data” may include photographs, micro�lm or micro�che copies, computer printouts, magnetic media, including dictated observations, and recorded data from automated instruments. (5) A petition or other request for establishment or modi�cation of a food additive regulation or other clearance by EPA under FFDCA section 409 that was submitted prior to August 3, 1996. (6) A submission of data in response to a notice issued by EPA under FIFRA section 3(c)(2) (B). (7) Any other application, petition, or submission sent to EPA intended to persuade EPA to grant, modify, or leave unmodi�ed a registration or other approval required as a condition of sale or distribution of a pesticide. https://www.ecfr.gov/current/title-40/section-160.105#p-160.105(a) https://www.govinfo.gov/link/uscode/21/321 https://www.govinfo.gov/link/uscode/7/136 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 3/17 Reference substance means any chemical substance or mixture, or analytical standard, or material other than a test substance, feed, or water, that is administered to or used in analyzing the test system in the course of a study for the purposes of establishing a basis for comparison with the test substance for known chemical or biological measurements. Specimen means any material derived from a test system for examination or analysis. Sponsor means: Study means any experiment at one of more test sites, in which a test substance is studied in a test system under laboratory conditions or in the environment to determine or help predict its effects, metabolism, product performance (e�cacy studies only as required by 40 CFR 158.400 or 161.640, as applicable), environmental and chemical fate, persistence and residue, or other characteristics in humans, other living organisms, or media. The term “study”does not include basic exploratory studies carried out to determine whether a test substance or a test method has any potential utility. Study completion date means the date the �nal report is signed by the study director. Study director means the individual responsible for the overall conduct of a study. Study initiation date means the date the protocol is signed by the study director. Test substance means a substance or mixture administered or added to a test system in a study, which substance or mixture: Test system means any animal, plant, microorganism, chemical or physical matrix, including but not limited to soil or water, or subparts thereof, to which the test, control, or reference substance is administered or added for study. “Test system” also includes appropriate groups or components of the system not treated with the test, control, or reference substance. Testing facility means a person who actually conducts a study, i.e., actually uses the test substance in a test system. “Testing facility” encompasses only those operational units that are being or have been used to conduct studies. Vehicle means any agent which facilitates the mixture, dispersion, or solubilization of a test substance with a carrier. (1) A person who initiates and supports, by provision of �nancial or other resources, a study; (2) A person who submits a study to the EPA in support of an application for a research or marketing permit; or (3) A testing facility, if it both initiates and actually conducts the study. (1) Is the subject of an application for a research or marketing permit supported by the study, or is the contemplated subject of such an application; or (2) Is an ingredient, impurity, degradation product, metabolite, or radioactive isotope of a substance described by paragraph (1) of this de�nition, or some other substance related to a substance described by that paragraph, which is used in the study to assist in characterizing the toxicity, metabolism, or other characteristics of a substance described by that paragraph. https://www.ecfr.gov/current/title-40/section-158.400 https://www.ecfr.gov/current/title-40/section-161.640 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 4/17 [54 FR 34067, Aug. 17, 1989, as amended at 72 FR 61029, Oct. 26, 2007; 73 FR 75597, Dec. 12, 2008] § 160.10 Applicability to studies performed under grants and contracts. When a sponsor or other person utilizes the services of a consulting laboratory, contractor, or grantee to perform all or a part of a study to which this part applies, it shall notify the consulting laboratory, contractor, or grantee that the service is, or is part of, a study that must be conducted in compliance with the provisions of this part. § 160.12 Statement of compliance or non-compliance. Any person who submits to EPA an application for a research or marketing permit and who, in connection with the application, submits data from a study to which this part applies shall include in the application a true and correct statement, signed by the applicant, the sponsor, and the study director, of one of the following types: § 160.15 Inspection of a testing facility. § 160.17 E�ects of non-compliance. (a) A statement that the study was conducted in accordance with this part; or (b) A statement describing in detail all differences between the practices used in the study and those required by this part; or (c) A statement that the person was not a sponsor of the study, did not conduct the study, and does not know whether the study was conducted in accordance with this part. (a) A testing facility shall permit an authorized employee or duly designated representative of EPA or FDA, at reasonable times and in a reasonable manner, to inspect the facility and to inspect (and in the case of records also to copy) all records and specimens required to be maintained regarding studies to which this part applies. The records inspection and copying requirements should not apply to quality assurance unit records of �ndings and problems, or to actions recommended and taken, except that EPA may seek production of these records in litigation or formal adjudicatory hearings. (b) EPA will not consider reliable for purposes of supporting an application for a research or marketing permit any data developed by a testing facility or sponsor that refuses to permit inspection in accordance with this part. The determination that a study will not be considered in support of an application for a research or marketing permit does not, however, relieve the applicant for such a permit of any obligation under any applicable statute or regulation to submit the results of the study to EPA. (a) EPA may refuse to consider reliable for purposes of supporting an application for a research or marketing permit any data from a study which was not conducted in accordance with this part. (b) Submission of a statement required by § 160.12 which is false may form the basis for cancellation, suspension, or modi�cation of the research or marketing permit, or denial or disapproval of an application for such a permit, under FIFRA section 3, 5, 6, 18, or 24 or FFDCA section 406 or 409, or for criminal prosecution under 18 U.S.C. 2 or 1001 or FIFRA section 14, or for imposition of civil penalties under FIFRA section 14. https://www.federalregister.gov/citation/54-FR-34067 https://www.federalregister.gov/citation/72-FR-61029 https://www.federalregister.gov/citation/73-FR-75597 https://www.ecfr.gov/current/title-40/section-160.12 https://www.govinfo.gov/link/uscode/18/2 https://www.govinfo.gov/link/uscode/18/1001 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 5/17 Subpart B - Organization and Personnel § 160.29 Personnel. § 160.31 Testing facility management. For each study, testing facility management shall: § 160.33 Study director. (a) Each individual engaged in the conduct of or responsible for the supervision of a study shall have education, training, and experience, or combination thereof, to enable that individual to perform the assigned functions. (b) Each testing facility shall maintain a current summary of training and experience and job description for each individual engaged in or supervising the conduct of a study. (c) There shall be a su�cient number of personnel for the timely and proper conduct of the study according to the protocol. (d) Personnel shall take necessary personal sanitation and health precautions designed to avoid contamination of test, control, and reference substances and test systems. (e) Personnel engaged in a study shall wear clothing appropriate for the duties they perform. Such clothing shall be changed as often as necessary to prevent microbiological, radiological, or chemical contamination of test systems and test, control, and reference substances. (f) Any individual found at any time to have an illness that may adversely affect the quality and integrity of the study shall be excluded from direct contact with test systems, and test, control, and reference substances, and any other operation or function that may adversely affect the study until the condition is corrected. All personnel shall be instructed to report to their immediate supervisors any health or medical conditions that may reasonably be considered to have an adverse effect on a study. (a) Designate a study director as described in § 160.33 before the study is initiated. (b) Replace the study director promptly if it becomes necessary to do so during the conduct of a study. (c) Assure that there is a quality assurance unit as described in § 160.35. (d) Assure that test, control, and reference substances or mixtures have been appropriately tested for identity, strength, purity, stability, and uniformity, as applicable. (e) Assure that personnel, resources, facilities, equipment, materials and methodologies are available as scheduled. (f) Assure that personnel clearly understand the functions they are to perform. (g) Assure that any deviations from these regulations reported by the quality assurance unit are communicated to the study director and corrective actions are taken and documented. https://www.ecfr.gov/current/title-40/section-160.33 https://www.ecfr.gov/current/title-40/section-160.35 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 6/17 For each study, a scientist or other professional of appropriate education, training, and experience, or combination thereof, shall be identi�ed as the study director. The study director has overall responsibility for the technical conduct of the study, as well as for the interpretation, analysis, documentation, and reporting of results, and represents the single point of study control. The study director shall assure that: § 160.35 Quality assurance unit. (a) The protocol, including any change, is approved as provided by § 160.120 and is followed. (b) All experimental data, including observations of unanticipated responses of the test system are accurately recorded and veri�ed. (c) Unforseen circumstances that may affect the quality and integrity of the study are noted when they occur, and corrective action is taken and documented. (d) Test systems are as speci�ed in the protocol. (e) All applicable good laboratory practice regulations are followed. (f) All raw data, documentation, protocols, specimens, and �nal reports are transferred to the archives during or at the close of the study. (a) A testing facility shall have a quality assurance unit which shall be responsible for monitoring each study to assure management that the facilities, equipment, personnel, methods, practices, records, and controls are in conformance with the regulations in this part. For any given study, the quality assurance unit shall be entirely separate from and independent of the personnel engaged in the direction and conduct of that study. The quality assurance unit shall conduct inspections and maintain records appropriate to the study. (b) The quality assurance unit shall: (1) Maintain a copy of a master schedule sheet of all studies conducted at the testing facility indexed by test substance, and containing the test system, nature of study, date study was initiated, current status of each study, identity of the sponsor, and name of the study director. (2) Maintain copies of all protocols pertaining to all studies for which the unit is responsible. (3) Inspect each study at intervals adequate to ensure the integrity of the study and maintain written and properly signed records of each periodic inspection showing the date of the inspection, the study inspected, the phase or segment of the study inspected, the person performing the inspection, �ndings and problems, action recommended and taken to resolve existing problems, and any scheduled date for reinspection. Any problems which are likely to affect study integrity found during the course of an inspection shall be brought to the attention of the study director and management immediately. (4) Periodically submit to management and the study director written status reports on each study, noting any problems and the corrective actions taken. (5) Determine that no deviations from approved protocols or standard operating procedures were made without proper authorization and documentation. https://www.ecfr.gov/current/title-40/section-160.120 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 7/17 Subpart C - Facilities § 160.41 General. Each testing facility shall be of suitable size and construction to facilitate the proper conduct of studies. Testing facilities which are not located within an indoor controlled environment shall be of suitable location to facilitate the proper conduct of studies. Testing facilities shall be designed so that there is a degree of separation that will prevent any function or activity from having an adverse effect on the study. § 160.43 Test system care facilities. (6) Review the �nal study report to assure that such report accurately describes the methods and standard operating procedures, and that the reported results accurately re�ect the raw data of the study. (7) Prepare and sign a statement to be included with the �nal study report which shall specify the dates inspections were made and �ndings reported to management and to the study director. (c) The responsibilities and procedures applicable to the quality assurance unit, the records maintained by the quality assurance unit, and the method of indexing such records shall be in writing and shall be maintained. These items including inspection dates, the study inspected, the phase or segment of the study inspected, and the name of the individual performing the inspection shall be made available for inspection to authorized employees or duly designated representatives of EPA or FDA. (d) An authorized employee or a duly designated representative of EPA or FDA shall have access to the written procedures established for the inspection and may request testing facility management to certify that inspections are being implemented, performed, documented, and followed up in accordance with this paragraph. (a) A testing facility shall have a su�cient number of animal rooms or other test system areas, as needed, to ensure: proper separation of species or test systems, isolation of individual projects, quarantine or isolation of animals or other test systems, and routine or specialized housing of animals or other test systems. (1) In tests with plants or aquatic animals, proper separation of species can be accomplished within a room or area by housing them separately in different chambers or aquaria. Separation of species is unnecessary where the protocol speci�es the simultaneous exposure of two or more species in the same chamber, aquarium, or housing unit. (2) Aquatic toxicity tests for individual projects shall be isolated to the extent necessary to prevent cross-contamination of different chemicals used in different tests. (b) A testing facility shall have a number of animal rooms or other test system areas separate from those described in paragraph (a) of this section to ensure isolation of studies being done with test systems or test, control, and reference substances known to be biohazardous, including volatile substances, aerosols, radioactive materials, and infectious agents. (c) Separate areas shall be provided, as appropriate, for the diagnosis, treatment, and control of laboratory test system diseases. These areas shall provide effective isolation for the housing of test systems either known or suspected of being diseased, or of being carriers https://www.ecfr.gov/current/title-40/section-160.43#p-160.43(a) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 8/17 § 160.45 Test system supply facilities. § 160.47 Facilities for handling test, control, and reference substances. of disease, from other test systems. (d) Facilities shall have proper provisions for collection and disposal of contaminated water, soil, or other spent materials. When animals are housed, facilities shall exist for the collection and disposal of all animal waste and refuse or for safe sanitary storage of waste before removal from the testing facility. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, disease hazards, and environmental contamination. (e) Facilities shall have provisions to regulate environmental conditions (e.g., temperature, humidity, photoperiod) as speci�ed in the protocol. (f) For marine test organisms, an adequate supply of clean sea water or arti�cial sea water (prepared from deionized or distilled water and sea salt mixture) shall be available. The ranges of composition shall be as speci�ed in the protocol. (g) For freshwater organisms, an adequate supply of clean water of the appropriate hardness, pH, and temperature, and which is free of contaminants capable of interfering with the study, shall be available as speci�ed in the protocol. (h) For plants, an adequate supply of soil of the appropriate composition, as speci�ed in the protocol, shall be available as needed. (a) There shall be storage areas, as needed, for feed, nutrients, soils, bedding, supplies, and equipment. Storage areas for feed nutrients, soils, and bedding shall be separated from areas where the test systems are located and shall be protected against infestation or contamination. Perishable supplies shall be preserved by appropriate means. (b) When appropriate, plant supply facilities shall be provided. As speci�ed in the protocol, these include: (1) Facilities for holding, culturing, and maintaining algae and aquatic plants. (2) Facilities for plant growth, including, but not limited to greenhouses, growth chambers, light banks, and �elds. (c) When appropriate, facilities for aquatic animal tests shall be provided. These include, but are not limited to, aquaria, holding tanks, ponds, and ancillary equipment, as speci�ed in the protocol. (a) As necessary to prevent contamination or mixups, there shall be separate areas for: (1) Receipt and storage of the test, control, and reference substances. (2) Mixing of the test, control, and reference substances with a carrier, e.g., feed. (3) Storage of the test, control, and reference substance mixtures. (b) Storage areas for test, control, and/or reference substance and for test, control, and/or reference mixtures shall be separate from areas housing the test systems and shall be adequate to preserve the identity, strength, purity, and stability of the substances and mixtures. 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 9/17 § 160.49 Laboratory operation areas. Separate laboratory space and other space shall be provided, as needed, for the performance of the routine and specialized procedures required by studies. § 160.51 Specimen and data storage facilities. Space shall be provided for archives, limited to access by authorized personnel only, for the storage and retrieval of all raw data and specimens from completed studies. Subpart D - Equipment § 160.61 Equipment design. Equipment used in the generation, measurement, or assessment of data and equipment used for facility environmental control shall be of appropriate design and adequate capacity to function according to the protocol and shall be suitably located for operation, inspection, cleaning, and maintenance. § 160.63 Maintenance and calibration of equipment. Subpart E - Testing Facilities Operation § 160.81 Standard operating procedures. (a) Equipment shall be adequately inspected, cleaned, and maintained. Equipment used for the generation, measurement, or assessment of data shall be adequately tested, calibrated, and/or standardized. (b) The written standard operating procedures required under § 160.81(b)(11) shall set forth in su�cient detail the methods, materials, and schedules to be used in the routine inspection, cleaning, maintenance, testing, calibration, and/ or standardization of equipment, and shall specify, when appropriate, remedial action to be taken in the event of failure or malfunction of equipment. The written standard operating procedures shall designate the person responsible for the performance of each operation. (c) Written records shall be maintained of all inspection, maintenance, testing, calibrating, and/or standardizing operations. These records, containing the dates of the operations, shall describe whether the maintenance operations were routine and followed the written standard operating procedures. Written records shall be kept of nonroutine repairs performed on equipment as a result of failure and malfunction. Such records shall document the nature of the defect, how and when the defect was discovered, and any remedial action taken in response to the defect. (a) A testing facility shall have standard operating procedures in writing setting forth study methods that management is satis�ed are adequate to insure the quality and integrity of the data generated in the course of a study. All deviations in a study from standard operating procedures shall be authorized by the study director and shall be documented in the raw data. Signi�cant changes in established standard operating procedures shall be properly authorized in writing by management. (b) Standard operating procedures shall be established for, but not limited to, the following: https://www.ecfr.gov/current/title-40/section-160.81#p-160.81(b)(11) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 10/17 § 160.83 Reagents and solutions. All reagents and solutions in the laboratory areas shall be labeled to indicate identity, titer or concentration, storage requirements, and expiration date. Deteriorated or outdated reagents and solutions shall not be used. § 160.90 Animal and other test system care. (1) Test system area preparation. (2) Test system care. (3) Receipt, identi�cation, storage, handling, mixing, and method of sampling of the test, control, and reference substances. (4) Test system observations. (5) Laboratory or other tests. (6) Handling of test systems found moribund or dead during study. (7) Necropsy of test systems or postmortem examination of test systems. (8) Collection and identi�cation of specimens. (9) Histopathology. (10) Data handling, storage and retrieval. (11) Maintenance and calibration of equipment. (12) Transfer, proper placement, and identi�cation of test systems. (c) Each laboratory or other study area shall have immediately available manuals and standard operating procedures relative to the laboratory or �eld procedures being performed. Published literature may be used as a supplement to standard operating procedures. (d) A historical �le of standard operating procedures, and all revisions thereof, including the dates of such revisions, shall be maintained. (a) There shall be standard operating procedures for the housing, feeding, handling, and care of animals and other test systems. (b) All newly received test systems from outside sources shall be isolated and their health status or appropriateness for the study shall be evaluated. This evaluation shall be in accordance with acceptable veterinary medical practice or scienti�c methods. (c) At the initiation of a study, test systems shall be free of any disease or condition that might interfere with the purpose or conduct of the study. If during the course of the study, the test systems contract such a disease or condition, the diseased test systems should be isolated, if necessary. These test systems may be treated for disease or signs of disease provided that such treatment does not interfere with the study. The diagnosis, authorization of treatment, description of treatment, and each date of treatment shall be documented and shall be retained. 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 11/17 Subpart F - Test, Control, and Reference Substances § 160.105 Test, control, and reference substance characterization. (d) Warm-blooded animals, adult reptiles, and adult terrestrial amphibians used in laboratory procedures that require manipulations and observations over an extended period of time or in studies that require these test systems to be removed from and returned to their test system-housing units for any reason (e.g., cage cleaning, treatment, etc.), shall receive appropriate identi�cation (e.g., tattoo, color code, ear tag, ear punch, etc.). All information needed to speci�cally identify each test system within the test system-housing unit shall appear on the outside of that unit. Suckling mammals and juvenile birds are excluded from the requirement of individual identi�cation unless otherwise speci�ed in the protocol. (e) Except as speci�ed in paragraph (e)(1) of this section, test systems of different species shall be housed in separate rooms when necessary. Test systems of the same species, but used in different studies, should not ordinarily be housed in the same room when inadvertent exposure to test, control, or reference substances or test system mixup could affect the outcome of either study. If such mixed housing is necessary, adequate differentiation by space and identi�cation shall be made. (1) Plants, invertebrate animals, aquatic vertebrate animals, and organisms that may be used in multispecies tests need not be housed in separate rooms, provided that they are adequately segregated to avoid mixup and cross contamination. (2) [Reserved] (f) Cages, racks, pens, enclosures, aquaria, holding tanks, ponds, growth chambers, and other holding, rearing and breeding areas, and accessory equipment, shall be cleaned and sanitized at appropriate intervals. (g) Feed, soil, and water used for the test systems shall be analyzed periodically to ensure that contaminants known to be capable of interfering with the study and reasonably expected to be present in such feed, soil, or water are not present at levels above those speci�ed in the protocol. Documentation of such analyses shall be maintained as raw data. (h) Bedding used in animal cages or pens shall not interfere with the purpose or conduct of the study and shall be changed as often as necessary to keep the animals dry and clean. (i) If any pest control materials are used, the use shall be documented. Cleaning and pest control materials that interfere with the study shall not be used. (j) All plant and animal test systems shall be acclimatized to the environmental conditions of the test, prior to their use in a study. (a) The identity, strength, purity, and composition, or other characteristics which will appropriately de�ne the test, control, or reference substance shal1 be determined for each batch and shall be documented before its use in a study. Methods of synthesis, fabrication, or derivation of the test, control, or reference substance shall be documented by the sponsor or the testing facility, and the location of such documentation shall be speci�ed. (b) When relevant to the conduct of the study the solubility of each test, control, or reference substance shall be determined by the testing facility or the sponsor before the experimental start date. The stability of the test, control, or reference substance shall be https://www.ecfr.gov/current/title-40/section-160.90#p-160.90(e)(1) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 12/17 § 160.107 Test, control, and reference substance handling. Procedures shall be established for a system for the handling of the test, control, and reference substances to ensure that: § 160.113 Mixtures of substances with carriers. Subpart G - Protocol for and Conduct of a Study determined before the experimental start date or concomitantly according to written standard operating procedures, which provide for periodic analysis of each batch. (c) Each storage container for a test, control, or reference substance shall be labeled by name, chemical abstracts service number (CAS) or code number, batch number, expiration date, if any, and, where appropriate, storage conditions necessary to maintain the identity, strength, purity, and composition of the test, control, or reference substance. Storage containers shall be assigned to a particular test substance for the duration of the study. (d) For studies of more than 4 weeks experimental duration, reserve samples from each batch of test, control, and reference substances shall be retained for the period of time provided by § 160.195. (e) The stability of test, control, and reference substances under storage conditions at the test site shall be known for all studies. (a) There is proper storage. (b) Distribution is made in a manner designed to preclude the possibility of contamination, deterioration, or damage. (c) Proper identi�cation is maintained throughout the distribution process. (d) The receipt and distribution of each batch is documented. Such documentation shall include the date and quantity of each batch distributed or returned. (a) For each test, control, or reference substance that is mixed with a carrier, tests by appropriate analytical methods shall be conducted: (1) To determine the uniformity of the mixture and to determine, periodically, the concentration of the test, control, or reference substance in the mixture. (2) When relevant to the conduct of the study, to determine the solubility of each test, control, or reference substance in the mixture by the testing facility or the sponsor before the experimental start date. (3) To determine the stability of the test, control, or reference substance in the mixture before the experimental start date or concomitantly according to written standard operating procedures, which provide for periodic analysis of each batch. (b) Where any of the components of the test, control, or reference substance carrier mixture has an expiration date, that date shall be clearly shown on the container. If more than one component has an expiration date, the earliest date shall be shown. (c) If a vehicle is used to facilitate the mixing of a test substance with a carrier, assurance shall be provided that the vehicle does not interfere with the integrity of the test. https://www.ecfr.gov/current/title-40/section-160.195 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 13/17 § 160.120 Protocol. § 160.130 Conduct of a study. (a) Each study shall have an approved written protocol that clearly indicates the objectives and all methods for the conduct of the study. The protocol shall contain but shall not necessarily be limited to the following information: (1) A descriptive title and statement of the purpose of the study. (2) Identi�cation of the test, control, and reference substance by name, chemical abstracts service (CAS) number or code number. (3) The name and address of the sponsor and the name and address of the testing facility at which the study is being conducted. (4) The proposed experimental start and termination dates. (5) Justi�cation for selection of the test system. (6) Where applicable, the number, body weight range, sex, source of supply, species, strain, substrain, and age of the test system. (7) The procedure for identi�cation of the test system. (8) A description of the experimental design, including methods for the control of bias. (9) Where applicable, a description and/or identi�cation of the diet used in the study as well as solvents, emulsi�ers and/or other materials used to solubilize or suspend the test, control, or reference substances before mixing with the carrier. The description shall include speci�cations for acceptable levels of contaminants that are reasonably expected to be present in the dietary materials and are known to be capable of interfering with the purpose or conduct of the study if present at levels greater than established by the speci�cations. (10) The route of administration and the reason for its choice. (11) Each dosage level, expressed in milligrams per kilogram of body or test system weight or other appropriate units, of the test, control, or reference substance to be administered and the method and frequency of administration. (12) The type and frequency of tests, analyses, and measurements to be made. (13) The records to be maintained. (14) The date of approval of the protocol by the sponsor and the dated signature of the study director. (15) A statement of the proposed statistical method to be used. (b) All changes in or revisions of an approved protocol and the reasons therefore shall be documented, signed by the study director, dated, and maintained with the protocol. (a) The study shall be conducted in accordance with the protocol. (b) The test systems shall be monitored in conformity with the protocol. 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 14/17 § 160.135 Physical and chemical characterization studies. § 160.31 (c), (d), and (g) § 160.35 (b) and (c) § 160.43 § 160.45 § 160.47 § 160.49 § 160.81(b) (1), (2), (6) through (9), and (12) § 160.90 § 160.105 (a) through (d) § 160.113 § 160.120(a) (5) through (12), and (15) § 160.185(a) (5) through (8), (10), (12), and (14) (c) Specimens shall be identi�ed by test system, study, nature, and date of collection. This information shall be located on the specimen container or shall accompany the specimen in a manner that precludes error in the recording and storage of data. (d) In animal studies where histopathology is required, records of gross �ndings for a specimen from postmortem observations shall be available to a pathologist when examining that specimen histopathologically. (e) All data generated during the conduct of a study, except those that are generated by automated data collection systems, shall be recorded directly, promptly, and legibly in ink. All data entries shall be dated on the day of entry and signed or initialed by the person entering the data. Any change in entries shall be made so as not to obscure the original entry, shall indicate the reason for such change, and shall be dated and signed or identi�ed at the time of the change. In automated data collection systems, the individual responsible for direct data input shall be identi�ed at the time of data input. Any change in automated data entries shall be made so as not to obscure the original entry, shall indicate the reason for change, shall be dated, and the responsible individual shall be identi�ed. (a) All provisions of the GLP standards shall apply to physical and chemical characterization studies designed to determine stability, solubility, octanol water partition coe�cient, volatility, and persistence (such as biodegradation, photodegradation, and chemical degradation studies) of test, control, or reference substances. (b) The following GLP standards shall not apply to studies, other than those designated in paragraph (a) of this section, designed to determine physical and chemical characteristics of a test, control, or reference substance: https://www.ecfr.gov/current/title-40/section-160.135#p-160.135(a) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 15/17 § 160.195 (c) and (d) Subparts H-I [Reserved] Subpart J - Records and Reports § 160.185 Reporting of study results. (a) A �nal report shall be prepared for each study and shall include, but not necessarily be limited to, the following: (1) Name and address of the facility performing the study and the dates on which the study was initiated and was completed, terminated, or discontinued. (2) Objectives and procedures stated in the approved protocol, including any changes in the original protocol. (3) Statistical methods employed for analyzing the data. (4) The test, control, and reference substances identi�ed by name, chemical abstracts service (CAS) number or code number, strength, purity, and composition, or other appropriate characteristics. (5) Stability and, when relevant to the conduct of the study the solubility of the test, control, and reference substances under the conditions of administration. (6) A description of the methods used. (7) A description of the test system used. Where applicable, the �nal report shall include the number of animals used, sex, body weight range, source of supply, species, strain and substrain, age, and procedure used for identi�cation. (8) A description of the dosage, dosage regimen, route of administration, and duration. (9) A description of all circumstances that may have affected the quality or integrity of the data. (10) The name of the study director, the names of other scientists or professionals and the names of all supervisory personnel, involved in the study. (11) A description of the transformations, calculations, or operations performed on the data, a summary and analysis of the data, and a statement of the conclusions drawn from the analysis. (12) The signed and dated reports of each of the individual scientists or other professionals involved in the study, including each person who, at the request or direction of the testing facility or sponsor, conducted an analysis or evaluation of data or specimens from the study after data generation was completed. (13) The locations where all specimens, raw data, and the �nal report are to be stored. (14) The statement prepared and signed by the quality assurance unit as described in § 160.35(b)(7). (b) The �nal report shall be signed and dated by the study director. https://www.ecfr.gov/current/title-40/section-160.35#p-160.35(b)(7) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 16/17 § 160.190 Storage and retrieval of records and data. § 160.195 Retention of records. (c) Corrections or additions to a �nal report shall be in the form of an amendment by the study director. The amendment shall clearly identify that part of the �nal report that is being added to or corrected and the reasons for the correction or addition, and shall be signed and dated by the person responsible. Modi�cation of a �nal report to comply with the submission requirements of EPA does not constitute a correction, addition, or amendment to a �nal report. (d) A copy of the �nal report and of any amendment to it shall be maintained by the sponsor and the test facility. (a) All raw data, documentation, records, protocols, specimens, and �nal reports generated as a result of a study shall be retained. Specimens obtained from mutagenicity tests, specimens of soil, water, and plants, and wet specimens of blood, urine, feces, and biological �uids, do not need to be retained after quality assurance veri�cation. Correspondence and other documents relating to interpretation and evaluation of data, other than those documents contained in the �nal report, also shall be retained. (b) There shall be archives for orderly storage and expedient retrieval of all raw data, documentation, protocols, specimens, and interim and �nal reports. Conditions of storage shall minimize deterioration of the documents or specimens in accordance with the requirements for the time period of their retention and the nature of the documents of specimens. A testing facility may contract with commercial archives to provide a repository for all material to be retained. Raw data and specimens may be retained elsewhere provided that the archives have speci�c reference to those other locations. (c) An individual shall be identi�ed as responsible for the archives. (d) Only authorized personnel shall enter the archives. (e) Material retained or referred to in the archives shall be indexed to permit expedient retrieval. (a) Record retention requirements set forth in this section do not supersede the record retention requirements of any other regulations in this subchapter. (b) Except as provided in paragraph (c) of this section, documentation records, raw data, and specimens pertaining to a study and required to be retained by this part shall be retained in the archive(s) for whichever of the following periods is longest: (1) In the case of any study used to support an application for a research or marketing permit approved by EPA, the period during which the sponsor holds any research or marketing permit to which the study is pertinent. (2) A period of at least 5 years following the date on which the results of the study are submitted to the EPA in support of an application for a research or marketing permit. (3) In other situations (e.g., where the study does not result in the submission of the study in support of an application for a research or marketing permit), a period of at least 2 years following the date on which the study is completed, terminated, or discontinued. https://www.ecfr.gov/current/title-40/section-160.195#p-160.195(c) 9/16/21, 2:50 PM eCFR :: 40 CFR Part 160 -- Good Laboratory Practice Standards https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-160 17/17 (c) Wet specimens, samples of test, control, or reference substances, and specially prepared material which are relatively fragile and differ markedly in stability and quality during storage, shall be retained only as long as the quality of the preparation affords evaluation. Specimens obtained from mutagenicity tests, specimens of soil, water, and plants, and wet specimens of blood, urine, feces, and biological �uids, do not need to be retained after quality assurance veri�cation. In no case shall retention be required for longer periods than those set forth in paragraph (b) of this section. (d) The master schedule sheet, copies of protocols, and records of quality assurance inspections, as required by § 160.35(c) shall be maintained by the quality assurance unit as an easily accessible system of records for the period of time speci�ed in paragraph (b) of this section. (e) Summaries of training and experience and job descriptions required to be maintained by § 160.29(b) may be retained along with all other testing facility employment records for the length of time speci�ed in paragraph (b) of this section. (f) Records and reports of the maintenance and calibration and inspection of equipment, as required by § 160.63 (b) and (c), shall be retained for the length of time speci�ed in paragraph (b) of this section. (g) If a facility conducting testing or an archive contracting facility goes out of business, all raw data, documentation, and other material speci�ed in this section shall be transferred to the archives of the sponsor of the study. The EPA shall be noti�ed in writing of such a transfer. (h) Specimens, samples, or other non-documentary materials need not be retained after EPA has noti�ed in writing the sponsor or testing facility holding the materials that retention is no longer required by EPA. Such noti�cation normally will be furnished upon request after EPA or FDA has completed an audit of the particular study to which the materials relate and EPA has concluded that the study was conducted in accordance with this part. (i) Records required by this part may be retained either as original records or as true copies such as photocopies, micro�lm, micro�che, or other accurate reproductions of the original records. https://www.ecfr.gov/current/title-40/section-160.195#p-160.195(b) https://www.ecfr.gov/current/title-40/section-160.35#p-160.35(c) https://www.ecfr.gov/current/title-40/section-160.195#p-160.195(b) https://www.ecfr.gov/current/title-40/section-160.29#p-160.29(b) https://www.ecfr.gov/current/title-40/section-160.195#p-160.195(b) https://www.ecfr.gov/current/title-40/section-160.63#p-160.63(b) https://www.ecfr.gov/current/title-40/section-160.63#p-160.63(c) https://www.ecfr.gov/current/title-40/section-160.195#p-160.195(b) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 1/12 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 162 - STATE REGISTRATION OF PESTICIDE PRODUCTS Subparts A-C [Reserved] Subpart D - Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs Authority: 7 U.S.C. 136v, 136w. Source: 46 FR 2014, Jan. 7, 1981, unless otherwise noted. § 162.150 General. [46 FR 2014, Jan. 7, 1981, as amended at 53 FR 15999, May 4, 1988; 60 FR 32097, June 19, 1995] § 162.151 De�initions. Terms used in this part have the same meaning as in the Act and part 152 of this chapter. In addition, as used in this subpart, the following terms shall apply: View table of contents for this page (a) Scope. This subpart sets forth regulations governing the registration by any State of pesticide products, or uses thereof, formulated for distribution and use within the State to meet special local needs under sec. 24(c) of the Act. It also sets forth regulations governing the exercise by the Administrator of the power to disapprove speci�c State registrations and to suspend a State's registration authority under sec. 24(c). Unless otherwise indicated, any reference herein to registrations issued by a State includes amendments of registrations issued by States. (b) Applicability. This subpart applies only to State registration authority granted by sec. 24(c) of FIFRA. It does not apply to any authority granted, or procedures established, by State law with respect to registration, licensing, or approval required for use within the State of federally registered pesticide products. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.federalregister.gov/citation/46-FR-2014 https://www.federalregister.gov/citation/53-FR-15999 https://www.federalregister.gov/citation/60-FR-32097 https://www.ecfr.gov/current/title-40/part-152 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 2/12 Federally registered means currently registered under section 3 of the Act, after having been initially registered under the Federal Insecticide, Fungicide, and Rodenticide Act of 1947 by the Secretary of Agriculture or under FIFRA by the Administrator. Manufacturing-use product means any pesticide product other than a product to be labeled with directions for end use. This term includes any product intended for use as a pesticide after reformulation or repackaging. New product means a pesticide product which is not a federally registered product. Pest problem means: Product or pesticide product means a pesticide offered for distribution and use, and includes any labeled container and any supplemental labeling. Similar composition means a pesticide product which contains only the same active ingredient(s), or combinations of active ingredients, and which is in the same toxicity category, as de�ned in § 156.62 of this chapter, as a federally registered pesticide product. Similar product means a pesticide product which, when compared to a federally registered product, has a similar composition and a similar use pattern. Similar use pattern means a use of a pesticide product which, when compared to a federally registered use of a product with a similar composition, does not require a change in precautionary labeling under part 156 of this chapter, and which is substantially the same as the federally registered use. Registrations involving changed use patterns are not included in this term. Special local need means an existing or imminent pest problem within a State for which the State lead agency, based upon satisfactory supporting information, has determined that an appropriate federally registered pesticide product is not su�ciently available. State or State lead agency means the State agency designated by the State to be responsible for registering pesticides to meet special local needs under section 24(c) of the Act. [73 FR 75597, Dec. 12, 2008] § 162.152 State registration authority. (1) A pest infestation and its consequences, or (2) Any condition for which the use of plant regulators, defoliants, or desiccants would be appropriate. (a) Statutory limitations. In accordance with sec. 24(c) of the Act, each State is authorized to register a new end use product for any use, or an additional use of a federally registered pesticide product, if the following conditions exist: (1) There is a special local need for the use within the State; (2) The use is covered by necessary tolerances, exemptions or other clearances under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346 et seq.), if the use is a food or feed use; https://www.ecfr.gov/current/title-40/section-156.62 https://www.ecfr.gov/current/title-40/part-156 https://www.federalregister.gov/citation/73-FR-75597 https://www.govinfo.gov/link/uscode/21/346 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 3/12 (3) Registration for the same use has not previously been denied, disapproved, suspended or cancelled by the Administrator, or voluntarily cancelled by the registrant subsequent to issuance by the Administrator of a notice of intent to cancel that registration, because of health or environmental concerns about an ingredient contained in the pesticide product, unless such denial, disapproval, suspension or cancellation has been superseded by subsequent action of the Administrator; and (4) The registration is in accord with the purposes of FIFRA. (b) Types of registrations (1) Amendments to federal registrations. (i) Subject to the provisions of paragraphs (a) and (b)(1)(ii) through (iv) of this section, States may register any new use of a federally registered pesticide product. (ii) A State may register any use of a federally registered product for which registration of other uses of the product was denied, disapproved, suspended, or cancelled by the Administrator, provided that the State may register a use not considered by the Administrator in reaching such a determination only after the State consults with appropriate EPA personnel. (iii) Except as provided in paragraph (a)(3) of this section, a State may register any use of a federally registered product for which registration of some or all uses has been voluntarily cancelled by the registrant, provided that a State may register such a use only after the State has consulted with appropriate EPA personnel. (iv) A State may not register an amendment to a federally registered manufacturing-use product. (2) New products. (i) Subject to the provisions of paragraph (a) and subparagraphs (b)(2) (ii) and (iii) of this section, a State may issue registrations to meet special local needs for the following types of new end-use products: (A) A product which is identical in composition to a federally registered product, but which has differences in packaging, or in the identity of the formulator. (B) A product which contains the same active and inert ingredients as a federally registered product, but in different percentages. (C) Subject to the requirements of paragraph (b)(2)(ii) of this section, a product containing a new combination of active, or active and inert, ingredients. (ii) A State may register a new product only if each of the active ingredients in the new product is present because of the use of one or more federally registered products and if each of the inert ingredients in the new product is contained in a federally registered product. (iii) A State may not register a new manufacturing-use product. https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(a) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(b)(1)(ii) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(b)(1)(iv) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(a)(3) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(b)(2)(ii) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(b)(2)(iii) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(b)(2)(ii) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 4/12 [46 FR 2014, Jan. 7, 1981, as amended at 73 FR 75597, Dec. 12, 2008] § 162.153 State registration procedures. (iv) A State may register any use of a new product containing an ingredient described in paragraph (a)(3) of this section, if the new product registration is for a formulation or a use not included in the denial, disapproval, suspension, or cancellation, or if the federally registered use was voluntarily cancelled without a prior notice of intent to cancel by the Administrator. However, a formulation or use of such a new product which was not considered by the Administrator during such proceedings, or which was not the subject of a notice of intent to cancel, may be registered by a State only after the State consults with appropriate EPA personnel regarding the registration application. (c) Effect of State registration. (1) A State registration issued under FIFRA sec. 24(c) which meets the conditions described in paragraphs (a) and (b) of this section, and which is not disapproved by the Administrator under § 162.154, shall be considered a federal registration, but shall authorize distribution and use only within that State. Accordingly, such registrations are subject to all provisions of FIFRA which apply to currently registered products, including provisions for cancellation and suspension of registrations, and reregistration of products. (2) A State may require, as a condition of distribution or use of a pesticide product within the State, that the pesticide product be registered under State law as well as under FIFRA. Neither FIFRA sec. 24(c) nor §§ 162.150-162.156 affects a State's right under its own law to revoke, suspend, cancel, or otherwise affect such a registration issued under State law. However, the federal registration, whether issued under FIFRA sec. 3 or 24(c), is not affected by such a State action. (a) Application for registration. States shall require all applicants for registration to submit the following information: (1) Name and address of the applicant and any other person whose name will appear on the labeling or in the directions for use. (2) The name of the pesticide product, and, if the application is for an amendment to a federally registered product, the EPA registration number of that product. (3) A copy of proposed labeling, including all claims made for the product as well as directions for its use to meet the special local need, consisting of: (i) For a new product, a copy of the complete proposed labeling; or, (ii) For an additional use of a federally registered product, a copy of proposed supplemental labeling and a copy of the labeling for the federally registered product. (4) The complete formula of the product, if the application is for a new product registration. (5) Any other information which is required to be reviewed prior to registration under this section. https://www.federalregister.gov/citation/46-FR-2014 https://www.federalregister.gov/citation/73-FR-75597 https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(a)(3) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(a) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(b) https://www.ecfr.gov/current/title-40/section-162.154 https://www.ecfr.gov/current/title-40/section-162.150 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 5/12 (b) Special local need determination. In reviewing any application for registration, the State shall determine whether there is a special local need for the registration. Situations which a State may consider as not involving a special local need may include, but are not limited to, applications for registrations to control a pest problem present on a nationwide basis, or for use of a pesticide product registered by other States on an interregional or nationwide basis. (c) Unreasonable adverse effects determination. (1) Prior to issuing a registration in the following cases, the State shall determine that use of the product for which registration is sought will not cause unreasonable adverse effects on man or the environment, when used in accordance with labeling directions or widespread and commonly recognized practices: (i) For use of a product which has a composition not similar to any federally registered product. (ii) For use of a project involving a use pattern not similar to any federally registered use of the same product or of a product with a similar composition. (iii) For use of a product for which other uses of the same product, or of a product with a similar composition, have had registration denied, disapproved, suspended, or cancelled by the Administrator. (2) Determinations required by paragraph (c)(1) of this section shall be based on data and criteria consistent with those sections of part 152 of this chapter, applicable to the type of product or use under consideration. Such determinations may also involve consideration of the effect of the anticipated classi�cation of the product or use under paragraph (g) of this section. (d) E�cacy determination. Prior to registration of any use of a product for public health purposes - that is, a use which could result in substantial harm to the public health if the product does not perform its intended function, the State shall determine that the product warrants the claims made for it in the registration application. Such determinations shall be based on criteria speci�ed in applicable sections of part 152 of this chapter and on any additional criteria established by the State. (e) Labeling requirements. (1) Prior to issuing any registration, the State shall review the proposed labeling submitted with the application to determine compliance with this paragraph. In addition, the State shall review a copy of the �nal printed labeling as soon as practical after a registration is issued in order to verify compliance with this paragraph. (2) For a new product, the State must, as a condition of the registration, require that the product be accompanied from the time it enters the stream of commerce by labeling meeting all applicable criteria of § 156.10 of this chapter. New product labeling must all contain: (i) A statement identifying the State where registration is to be valid. (ii) The special local need registration number assigned by the State. (3) Except as provided in paragraph (e)(4) of this section, as a condition for a registration of an additional use of a federally registered product, the State must require that at the time of sale to users, labeling from the federally registered product be accompanied by supplemental labeling which contains: https://www.ecfr.gov/current/title-40/section-162.153#p-162.153(c)(1) https://www.ecfr.gov/current/title-40/part-152 https://www.ecfr.gov/current/title-40/section-162.153#p-162.153(g) https://www.ecfr.gov/current/title-40/part-152 https://www.ecfr.gov/current/title-40/section-156.10 https://www.ecfr.gov/current/title-40/section-162.153#p-162.153(e)(4) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 6/12 (i) A statement identifying the State where registration is valid. (ii) Directions for use to meet the special local need which satisfy the criteria of § 156.10(i) of this chapter. (iii) The trade name of the product. (iv) The name and address of the section 24(c) registrant. (v) The EPA registration number of the federally registered product. (vi) The special local need registration number assigned by the State. (vii) A statement prohibiting use of the product in a manner inconsistent with all applicable directions, restrictions, and precautions found in the labeling of the federally registered product and accompanying supplemental labeling. (4) When a federally registered product is already in the stream of commerce at the time the State issues a registration for an additional use of that product, the State must ensure that supplemental labeling for the additional use, meeting the criteria of paragraph (e)(3) of this section, is made available to purchasers and users of the product within 45 days of the date on which the State approves the �nal printed supplemental labeling. (5) If a State classi�es for restricted use a product or use registered by the State, which is not required to be so classi�ed by paragraph (g) of this section, then the State may require supplemental labeling for the product or use containing additional appropriate precautions, and a statement that the product or use is for restricted use within that State. (f) Packaging and coloration standards. All products registered by a State must meet all appropriate packaging standards prescribed by the Administrator under sec. 25(c)(3) of FIFRA. State registered products must also meet all appropriate standards for coloration, or discoloration, established by regulation under sec. 25(c) of FIFRA, including the standards contained in subpart H of part 153 of this chapter. Prior to issuing any registration, the State shall determine that the product will conform to these requirements. (g) Classi�cation. (1) As part of the registration of any product or use, a State shall classify the product or use as a restricted use pesticide if: (i) The product is identical or similar in composition to a federally registered product: (A) For which all federally registered uses have been classi�ed as restricted by the Administrator; or (B) For which a use similar to the State registered use has been classi�ed as restricted by the Administrator; or (ii) The State registered product or use meets the criteria for classi�cation as a restricted use pesticide under the applicable provisions of § 152.170 of this chapter. (2) [Reserved] (h) Noti�cation and submission of data. https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(i) https://www.ecfr.gov/current/title-40/section-162.153#p-162.153(e)(3) https://www.ecfr.gov/current/title-40/section-162.153#p-162.153(g) https://www.ecfr.gov/current/title-40/part-153/subpart-H https://www.ecfr.gov/current/title-40/section-152.170 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 7/12 [46 FR 2014, Jan. 7, 1981, as amended at 53 FR 15999, May 4, 1988; 60 FR 32097, June 19, 1995; 70 FR 59888, Oct. 13, 2005; 73 FR 75597, Dec. 12, 2008] § 162.154 Disapproval of State registrations. (1) Within ten working days from the date a State issues, amends, or revokes a registration, the State shall notify EPA, in writing, of the action. Noti�cation of State registrations, or amendments thereto, shall include the effective date of the registration or amendment, a con�dential statement of the formula of any new product, and a copy of the draft labeling reviewed and approved by the State, provided that labeling previously approved by the Administrator as part of a federal registration need not be submitted. (2) Noti�cation of State registrations or amendments shall be supplemented by the State sending to EPA a copy of the �nal printed labeling approved by the State within 60 days after the effective date of the registration or amendment. (3) Noti�cation of revocation of a registration by a State shall indicate the effective date of revocation, and shall state the reasons for revocation. (4) The Administrator or his designee may request, when appropriate, that a State submit to EPA any data used by the State to determine that unreasonable adverse effects will not be caused when the State registers any use described in paragraph (c)(1) of this section. Within 15 working days of receipt of such a request from EPA, the State shall submit two copies of the requested data. (i) Federal Register publication. The Administrator shall publish in the FEDERAL REGISTER, on a regular basis, a summary of all State registrations made under sec. 24(c) during a previous reporting period established by the Administrator. For each product or use registered, the notice shall indicate: (1) The name of the product. (2) The name of the registrant. (3) The registered use(s) of the product. (4) The effective date of the State registration. (5) If the registration is for an additional use of a federally registered product, whether the State registration involves a changed use pattern. (j) Electronic reporting under State registration of pesticide products for special local needs. States that choose to receive electronic documents under the regulations pertaining to state registration of pesticides to meet special local needs, must ensure that the requirements of 40 CFR Part 3 - (Electronic reporting) are satis�ed by their state procedures for such registrations. (a) General disapprovals. (1) Except as provided in paragraph (b) of this section, the Administrator may disapprove, on any reasonable grounds, any state registration which, when compared to a federally registered product, does not have both a similar composition and a similar use pattern; provided that the Administrator may not disapprove such a registration solely because of a lack of essentiality. Grounds for disapproval of State registrations not involving similar products may include, but are not limited to: https://www.federalregister.gov/citation/46-FR-2014 https://www.federalregister.gov/citation/53-FR-15999 https://www.federalregister.gov/citation/60-FR-32097 https://www.federalregister.gov/citation/70-FR-59888 https://www.federalregister.gov/citation/73-FR-75597 https://www.ecfr.gov/current/title-40/section-162.153#p-162.153(c)(1) https://www.ecfr.gov/current/title-40/part-3 https://www.ecfr.gov/current/title-40/section-162.154#p-162.154(b) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 8/12 (i) Probable creation of unreasonable adverse effects on man or the environment by the registered use. (ii) Refusal of the registering State to submit information supporting the registration as required by § 162.153(h). (iii) Failure of information submitted by the State to support the State's decision to issue the registration under standards established by § 162.153. (2) Prior to disapproval of any State registration under this paragraph, the Administrator shall notify the registering State, in writing, of the Administrator's intent to disapprove, and of the reasons for disapproval. The notice of intent will provide a reasonable time, not less than ten days from the date the notice is received by the State, for the State to respond, and will invite the State to consult with the Administrator or his designee. If the grounds for disapproval are based on actions or omissions by the State, the notice will, if possible, also provide the State with a reasonable amount of time in which to take corrective action, not to exceed the time allowed for disapproval under paragraph (c) of this section. (3) The registering State may, within ten days of receipt of a notice of intent to disapprove, request that the Administrator, or his designee, consult with appropriate State o�cials prior to the Administrator's �nal decision on disapproval. The Administrator will consider any relevant information presented at such a consultation, or in any other timely and appropriate fashion, in deciding whether to withdraw the notice of intent to disapprove. (b) Special disapprovals. (1) The Administrator may disapprove any State registration, including a registration for a similar product, at any time, if the Administrator determines that use of the product under the State registration: (i) Would constitute an imminent hazard. (ii) May result in a residue on food or feed exceeding, or not covered by, a tolerance, exemption, or other clearance under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346a et seq.). (2) If the Administrator disapproves a registration under this paragraph, the Administrator shall provide the registering State with written noti�cation of disapproval, in accordance with paragraph (c) of this section, as soon thereafter as practicable. Such noti�cation will specify the grounds for disapproval and invite the State to comment on the decision. (3) If requested by the State within ten days of its receipt of a notice of disapproval, the Administrator, or his designee, will consult with appropriate State o�cials. The Administrator may consider any information presented at such a consultation, or in any other appropriate fashion, in determining whether the disapproval should be rescinded. (c) Decision and noti�cation of disapproval. Except as provided in paragraph (b)(1) of this section, the Administrator will make a �nal decision on disapproval of a State registration, and provide written noti�cation thereof to the State, within 90 days of the effective date of the registration; provided that, if the State does not notify the Agency of a registration within ten days of its effective date, then the Administrator will make a �nal decision on disapproval within 90 days of the date on which EPA receives noti�cation of the State registration. The notice of disapproval will specify an appropriate date on which the disapproval will become effective. Disapproval may become effective immediately, or at https://www.ecfr.gov/current/title-40/section-162.153#p-162.153(h) https://www.ecfr.gov/current/title-40/section-162.153 https://www.ecfr.gov/current/title-40/section-162.154#p-162.154(c) https://www.govinfo.gov/link/uscode/21/346a https://www.ecfr.gov/current/title-40/section-162.154#p-162.154(c) https://www.ecfr.gov/current/title-40/section-162.154#p-162.154(b)(1) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 9/12 § 162.155 Suspension of State registration authority. anytime within the period allowed for the Administrator to make a �nal decision on disapproval. The notice of disapproval will also, when appropriate, give instructions for use or disposal of the pesticide. Each notice of disapproval will be published in the FEDERAL REGISTER. (d) Effect of disapproval. If a registration issued by a State is disapproved by the Administrator, that registration will not be valid for any purpose under FIFRA, as of the date the disapproval becomes effective. Thereafter, distribution or sale of the pesticide, in either interstate or intrastate commerce, for uses subject to the disapproval will be a violation of sec. 12(a)(1) of FIFRA. (e) Rescission of disapproval. If the Administrator determines, after consultation with the State lead agency, that a registration, previously issued by the State and disapproved by the Administrator, should not have been disapproved under FIFRA, then the Administrator shall rescind the disapproval. The Administrator shall send written noti�cation of the rescission to the State. In addition, the Administrator shall publish notice of any rescission of disapproval in the FEDERAL REGISTER. (f) Noti�cation of registrants. Any State that issues a registration which has been disapproved, or which is subject to a notice of intent to disapprove, shall be responsible for notifying the affected registrant of any such notice of intent or disapproval, and of any recession of disapproval by the Administrator. (a) General. (1) If the Administrator �nds that a State is not capable of exercising, or has failed to exercise, adequate control over its registration program, so that the State cannot ensure that registrations issued by it will be in accord with the purposes of FIFRA, then the Administrator may suspend the State's authority to register pesticides under sec. 24(c) of the Act. Registrations issued by the State after suspension of its authority will not be considered valid under FIFRA. Registrations issued by the State prior to suspension will not be affected by the suspension. (2) The Administrator may suspend all or any part of a State's registration authority, as appropriate. (b) Grounds for suspension. (1) The Administrator may suspend a State's registration authority due to lack of, or failure to exercise, adequate control by the State over its sec. 24(c) registration program. Adequate control includes, but is not limited to, all of the following: (i) Access to appropriate scienti�c and technical personnel to review data and make determinations as required by § 162.153. (ii) Registration procedures satisfying § 162.153. (iii) Complete and accurate records of State registrations. (iv) Adequate legal authority. (A) To deny, suspend, revoke, or amend a State registration when the registration is not in compliance with FIFRA, this subpart, or State law, or when necessary to prevent unreasonable adverse effects on the environment. https://www.ecfr.gov/current/title-40/section-162.153 https://www.ecfr.gov/current/title-40/section-162.153 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 10/12 (B) To enter, at reasonable times, by consent, warrant, or other legal means, any establishment where pesticides are produced or held for distribution or sale, to inspect, sample, and observe whether pesticides are being produced or distributed in compliance with FIFRA, this subpart, State law, and the terms of any State registration. (2) The Administrator may suspend a State's registration authority if the State fails to exercise the controls speci�ed in paragraph (b)(1) of this section, or if the State refuses to correct within a reasonable time any other signi�cant de�ciencies in its regulatory program, as speci�ed by the Administrator in a notice of intent to suspend. (c) Procedures for suspension. (1) Prior to suspending the registration authority of any State, the Administrator will notify the State lead agency, in writing, of the Administrator's intent to suspend, and of the speci�c grounds for suspension. The notice of intent will specify whether the suspension will be complete or partial, and will provide the State an opportunity to respond and a reasonable amount of time, not less than 30 days from the date the notice is received, in which to correct the de�ciencies speci�ed in the notice. If the State does not correct the speci�ed de�ciencies within the reasonable time allowed by the notice, or if the Administrator has not withdrawn the notice of intent before that time, the notice of intent will be published in the FEDERAL REGISTER, and the public given an opportunity to comment thereon. (2) If requested by the affected State lead agency within 30 days of receipt of the notice of intent to suspend, an informal consultation between appropriate State and EPA o�cials will be held to discuss the proposed suspension. In such a case, the Administrator shall not make a �nal decision on the proposed suspension until after the consultation. The Administrator shall consider all relevant information presented at the consultation, or in any other appropriate manner, in determining whether to suspend the State's authority. If the Administrator determines, on the basis of such information, that the de�ciencies listed in the notice of intent no longer exist, or will be corrected in a reasonable time, then the Administrator will withdraw, in writing, the notice of intent to suspend. (3) Within ten days of the date a notice of intent to suspend is published in the FEDERAL REGISTER, a State may request a public hearing to consider the proposed suspension. If a hearing is requested, the Administrator will: (i) Schedule a public hearing to be held in that State. (ii) Publish in the FEDERAL REGISTER a notice announcing the date, time, and location of the hearing. (iii) Appoint a presiding o�cer who shall preside over the hearing. (iv) Prescribe additional, appropriate procedures for the conduct of the hearing, including procedures for the presentation of relevant material evidence from the State, EPA, or members of the public who would be affected by the outcome of the hearing. Evidence may be presented in either oral or written form, at the discretion of the Administrator. (4) Following the close of any hearing held under paragraph (c)(3) of this section, the presiding o�cer shall make a recommended decision that the State's authority to register pesticides under sec. 24(c) of FIFRA be suspended, in whole or in part, or https://www.ecfr.gov/current/title-40/section-162.155#p-162.155(b)(1) https://www.ecfr.gov/current/title-40/section-162.155#p-162.155(c)(3) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 11/12 § 162.156 General requirements. that the State's authority not be suspended and that the notice of intent to suspend be withdrawn. (5) Any recommended decision made by a presiding o�cer under paragraph (c)(4) of this section may be appealed to the Administrator within 30 days after its issuance by the State or by EPA. Any recommended decision which is not appealed, or which the Administrator does not review on his own initiative, will become a �nal Agency action 30 days after its issuance. (6) If no hearing is requested under paragraph (c)(3) of this section, or if a recommended decision is appealed to the Administrator under paragraph (c)(5) of this section, the Administrator shall issue a �nal order either suspending the State's authority to register pesticides under section 24(c) of FIFRA, in whole or in part, or withdrawing the notice of intent to suspend. (7) Any �nal order suspending State registration authority, issued under paragraph (c) (5) or (6) of this section, will specify the grounds therefor and an effective date for the suspension. If the suspension is merely partial, the notice of suspension will specify the types of registrations which will not be recognized as valid under sec. 24(c). All �nal orders issued under paragraph (c) (5) or (6) will be published in the FEDERAL REGISTER. (d) Termination of suspension. Suspension of a State's authority will be effective for the period speci�ed in the notice of suspension, or if no period was speci�ed, until such time as the Administrator is satis�ed that the State can and will exercise adequate control over its program. In the latter case, the Administrator will notify the State that the suspension is terminated, or that it will be terminated on a speci�c date. In either case, the Administrator will publish a notice of the termination of suspension in the FEDERAL REGISTER. (e) Judicial review. Any State whose authority to register pesticides has been �nally suspended by the Administrator may seek judicial review of the Administrator's decision under sec. 16 of FIFRA, at any time prior to termination of the suspension. Such suspension shall remain in effect during the period of judicial review unless otherwise ordered by the Administrator. (a) Requirements for distribution and use. (1) Any product whose State registration has been issued in accordance with §§ 162.152 and 162.153 may be distributed and used in that State, subject to the following provisions of the Act and the regulations promulgated thereunder: (i) Sec. 12(a)(1) (A) through (E), in accordance with: (A) Sec. 2(q)(1) (A) through (G). (B) Sec. 2(q)(2) (A) through (D). (ii) Sec. 12(a)(2) (A) through (G) and (I) through (P). (2) A product or use classi�ed by a State for restricted use under § 162.153(g) may be used only by, or under the direct supervision of, an applicator certi�ed under a plan approved by EPA in accordance with sec. 4 of FIFRA. https://www.ecfr.gov/current/title-40/section-162.155#p-162.155(c)(4) https://www.ecfr.gov/current/title-40/section-162.155#p-162.155(c)(3) https://www.ecfr.gov/current/title-40/section-162.155#p-162.155(c)(5) https://www.ecfr.gov/current/title-40/section-162.155#p-162.155(c)(5) https://www.ecfr.gov/current/title-40/section-162.155#p-162.155(c)(6) https://www.ecfr.gov/current/title-40/section-162.152 https://www.ecfr.gov/current/title-40/section-162.153 https://www.ecfr.gov/current/title-40/section-162.153#p-162.153(g) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 162 -- State Registration of Pesticide Products https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-162 12/12 Subpart E [Reserved] (3) State registrations which are not issued in accordance with ยง 162.152 (a) and (b)(2) (i), (ii) and (iii) are not authorized by section 24(c) and are not considered valid for any purposes under FIFRA. When the Administrator determines that a registration is invalid, the Administrator shall notify the registering State that the registration is invalid, and may specify the reason for the invalidity. (b) Establishment registration requirements. No person may produce any pesticide, including any pesticide registered by a State under section 24(c), unless the establishment in which it is produced is registered by the Administrator in accordance with sec. 7 of FIFRA and 40 CFR part 167. (c) Books and records requirements. All producers of pesticides, including those producers of pesticides registered by States under sec. 24(c), must maintain records in accordance with the requirements imposed under sec. 8 of FIFRA and 40 CFR part 169. https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(a) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(b)(2)(i) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(b)(2)(ii) https://www.ecfr.gov/current/title-40/section-162.152#p-162.152(b)(2)(iii) https://www.ecfr.gov/current/title-40/part-167 https://www.ecfr.gov/current/title-40/part-169 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 1/23 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 164 - RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT Authority: 7 U.S.C. 136d. Source: 38 FR 19371, July 20, 1973, unless otherwise noted. Subpart A - General § 164.1 Number of words. As used in this part, a word in the singular form shall be deemed to import the plural, and vice versa, as the case may require. § 164.2 De�initions. For the purposes of this part, the following terms shall be de�ned, as listed below: View table of contents for this page (a) The term Act means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (86 Stat. 973) and other legislation supplementary thereto and amendatory thereof. (b) The term Administrative Law Judge means an Administrative Law Judge appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930, as amended), and such term is synonymous with the term “Hearing Examiner” as used in the Act or in the United States Code. (c) The term Administrator means the Administrator of the United States Environmental Protection Agency. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 https://www.govinfo.gov/link/uscode/5/3105 https://www.ecfr.gov/current/title-5/part-930 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 2/23 (d) The term Agency, unless otherwise speci�ed, means the United States Environmental Protection Agency. (e) The term Applicant means any person who has made application to have a pesticide registered or classi�ed pursuant to the provisions of the Act. (f) The term Committee means a group of quali�ed scientists designated by the National Academy of Sciences according to agreement under the Act to submit an independent report to the Administrative Law Judge on questions of scienti�c fact referred from a hearing under subpart B of this part. (g) Environmental Appeals Board shall mean the Board within the Agency described in § 1.25 of this title. The Administrator delegates authority to the Environmental Appeals Board to issue �nal decisions in appeals �led under subparts B and C of this part. An appeal directed to the Administrator, rather than to the Environmental Appeals Board, will not be considered. This delegation does not preclude the Environmental Appeals Board from referring an appeal or a motion under subparts B and C to the Administrator when the Environmental Appeals Board, in its discretion, deems it appropriate to do so. When an appeal or motion is referred to the Administrator, all of the parties shall be so noti�ed and the rules in subparts B and C referring to the Environmental Appeals Board shall be interpreted as referring to the Administrator. (h) The term Expedited Hearing means a hearing commenced as the result of the issuance of a notice of intention to suspend or the suspension of a registration of a pesticide by an emergency order, and is limited to a consideration as to whether a pesticide presents an imminent hazard which justi�es such suspension. (i) The term Hearing means a public hearing which is conducted pursuant to the provisions of chapter 5, subchapter II of title 5 of the United States Code and the regulations of this part. (j) The term Hearing Clerk means the Hearing Clerk, Environmental Protection Agency, Washington, DC 20460. (k) The term Initial Decision means the decision of the Administrative Law Judge supported by �ndings of fact and conclusions regarding all material issues of law, fact, or discretion, as well as reasons therefor. Such decision shall become the �nal decision and order of the Administrator without further proceedings unless an appeal therefrom is taken or the Administrator orders review thereof as herein provided. (l) The term Judicial O�cer means an o�cer or employee of the Agency designated as a judicial o�cer, pursuant to these rules, who shall meet the quali�cations and perform functions as herein provided. (1) O�ce. There may be designated for the Agency one or more judicial o�cers, one of whom may be Chief Judicial O�cer. As work requires, there may be a judicial o�cer designated to act for the purpose of a particular case. All prior designations of judicial o�cer shall stay in force until further notice. (2) Quali�cation. A judicial o�cer shall be a permanent or temporary employee or o�cer of the Agency who may perform other duties for the Agency. Such judicial o�cer shall not be employed by the O�ce of Chemical Safety and Pollution Prevention or have any connection with the preparation or presentation of evidence for a hearing. (3) Functions. The Administrator may delegate any or part of his authority to act in a given case under subparts B and C of this part to a judicial o�cer. The Administrator can separately delegate his authority to rule on interlocutory orders and motions, and may also delegate his authority to make �ndings of fact and draw conclusions https://www.ecfr.gov/current/title-40/part-164/subpart-B https://www.ecfr.gov/current/title-40/section-1.25 https://www.ecfr.gov/current/title-40/part-164/subpart-B https://www.ecfr.gov/current/title-40/part-164/subpart-C https://www.ecfr.gov/current/title-40/part-164/subpart-B https://www.ecfr.gov/current/title-40/part-164/subpart-C 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 3/23 Terms de�ned in the act and not explicitly de�ned herein are used herein with the meanings given in the act. [38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992; 57 FR 30657, July 10, 1992; 73 FR 75597, Dec. 12, 2008; 77 FR 46292, Aug. 3, 2012] § 164.3 Scope and applicability of this part. The provisions of subpart B of this part shall govern proceedings, conducted pursuant to the provisions of the Act, concerning refusals to register, cancellations of registration, changes of classi�cations or hearings called by the Administrator; the provisions of subpart C of this part shall govern suspension proceedings conducted pursuant to the provisions of the Act. § 164.4 Arrangements for examining Agency records, transcripts, orders, and decisions. of law in a particular proceeding, providing that this delegation shall not preclude the Judicial O�cer from referring any motion or case to the Administrator when the Judicial O�cer determines such referral to be appropriate. The Administrator, in deciding a case himself, may consult with and assign the preliminary drafting of conclusions of law and �ndings of fact to any judicial o�cer. (m) The term Party means any person, group, organization, or Federal agency or department that participates in a hearing. (n) The term Person includes any individual, partnership, association, corporation, and any organized group of persons, whether incorporated or not. (o) The term Petitioner means any person adversely affected by a notice of the Administrator who requests a public hearing. (p) The term Presiding O�cer means any person designated by the Administrator to conduct an expedited hearing. (q) The term Recommended Decision means the recommended �ndings and conclusions of the Presiding O�cer in an expedited hearing. (r) The term Registrant means any person who has registered a pesticide pursuant to the provisions of the Act. (s) The term Respondent means the Assistant Administrator of the O�ce of Chemical Safety and Pollution Prevention. (a) Reporting of orders, decisions, and other signed documents. All orders, decisions, or other signed documents required by the rules in this part, whether issued by the Environmental Appeals Board or the Presiding O�cer shall be made available to the public. (b) Establishment of an Agency repository. In addition, all transcripts and docket entries shall become part of the o�cial docket and shall be retained by the hearing clerk. At least two copies of all �nal orders, decisions and a noti�cation of any appeals taken therefrom shall be retained by the hearing clerk and �led chronologically and shall be periodically bound and indexed. All the above documents shall be made available to the public for reasonable inspections during Agency business hours. https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5342 https://www.federalregister.gov/citation/57-FR-30657 https://www.federalregister.gov/citation/73-FR-75597 https://www.federalregister.gov/citation/77-FR-46292 https://www.ecfr.gov/current/title-40/part-164/subpart-B https://www.ecfr.gov/current/title-40/part-164/subpart-C 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 4/23 [38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992] § 164.5 Filing and service. § 164.6 Time. (c) Whenever any information or data is required to be produced or examined and any party to the proceeding claims that such information is a trade secret or commercial or �nancial information, other than information relating to the formulas of a pesticide, the Administrative Law Judge, the Presiding O�cer, or the Environmental Appeals Board may require production or testimony in camera and sealed to all but the parties. (d) All orders, decisions, or other documents made or signed by the Administrative Law Judge, the Presiding O�cer, or the Environmental Appeals Board shall be �led with the hearing clerk. The hearing clerk shall immediately serve all parties with a copy of such order, decision, or other document. (a) All documents or papers required or authorized to be �led, shall be �led with the hearing clerk, except as provided otherwise in this part. At the same time that a party �les documents or papers with the clerk, it shall serve upon all other parties copies thereof, with a certi�cate of service on each document or paper, including those �led with the hearing clerk. If �ling is accomplished by mail addressed to the clerk, �ling shall be deemed timely if the papers are postmarked on the due date except as to initial �lings requesting a public hearing or responding to a notice of intent to hold a hearing, in which case such �lings must be received by the hearing clerk either within the time required by statute or by the notice of intent to hold a hearing. (b) Each document �led, other than papers commencing a proceeding, shall contain the FIFRA docket number and, if the document affects less than all of the registrations included under that docket number, the registration number or �le symbol of each product which is the subject of the document. (c) In addition to copies served on all other parties, each party shall �le an original and two copies of all papers with the hearing clerk. (a) Computation. In computing any period of time prescribed or allowed by these rules, except as otherwise provided, the day of the act, event, or default from which the designated period of time begins to run shall not be included. Saturdays, Sundays, and legal holidays shall be included in computing the time allowed for the �ling of any document or paper, except that when such time expires on a Saturday, Sunday, or legal holiday, such period shall be extended to include the next following business day. (b) Enlargement. When by these rules or by order of the Administrative Law Judge, the Presiding O�cer, or the Environmental Appeals Board, an act is required or allowed to be done at or within a speci�ed time, the Administrative Law Judge (before his initial decision is �led), or the Presiding O�cer (before his recommended decision is �led), or the Environmental Appeals Board (after the Administrative Law Judge's initial decision or the presiding o�cer's recommended decision is �led), for cause shown may at any time in their discretion: with or without motion or notice, order the period enlarged if request therefor, which may be made ex parte, is made before the expiration of the period originally prescribed or as extended by a previous order; or on motion made after the expiration of the speci�ed period, permit the act to be done where the failure to act was the result of excusable neglect. In this connection, consideration shall be given to the fact https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5342 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 5/23 [38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992] § 164.7 Ex parte discussion of proceeding. At no stage of a proceeding shall the Administrator, the members of the Environmental Appeals Board, the Presiding O�cer, or the Administrative Law Judge discuss ex parte the merits of the proceeding with any party or with any person who has been connected with the preparation or presentation of the proceeding as an advocate, or in an investigative or expert capacity, or with any representative of such person, Provided, That the Environmental Appeals Board, the Presiding O�cer, or the Administrative Law Judge may discuss the merits of the case with any such person if all parties to the proceeding, or their representatives, have been given reasonable notice and opportunity to be present. Any memorandum or other communication addressed to the Administrator, the Environmental Appeals Board, the Presiding O�cer, or the Administrative Law Judge during the pendency of the proceeding, and relating to the merits thereof, by or on behalf of any party, shall be regarded as an argument made in the proceeding. The Administrator, the Environmental Appeals Board, the Presiding O�cer, or the Administrative Law Judge shall cause any such communication to be �led with the hearing clerk and served upon all other parties to the proceeding who will be given the opportunity to �le an answer thereto. [57 FR 5342, Feb. 13, 1992] § 164.8 Publication. All notices of intention to cancel a registration, all notices of intention to change a classi�cation, and all denials of registrations, all together with the reasons (including the factual basis therefor), and all notices of intention by the Administrator to hold a hearing, together with the statement of issues as provided by § 164.20(b) shall be sent to the registrant or applicant by registered or certi�ed mail (return receipt requested), and published by appropriate announcement in the FEDERAL REGISTER by the Administrator. The Administrative Law Judge shall cause to be published in the FEDERAL REGISTER by appropriate announcement, a notice of the �ling of any objections, pursuant to § 164.20(b) or responses pursuant to § 164.24, and a notice of the public hearing as provided by § 164.80 et seq. Said notice of public hearing shall designate the place where the hearing will be held and specify the time when the hearing will commence. The hearing shall convene at the place and time announced in the notice, unless amended by subsequent notice published in the FEDERAL REGISTER, but thereafter it may be moved to a different place and may be continued from day to day or recessed to a later day without other notice than announcement thereof at the hearing. Subpart B - General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) that, under the provisions of the act, the Administrator must issue his order not later than 90 days after the completion of the hearing, unless all parties agree by stipulation to extend this period of time pursuant to § 164.103. (c) Additional time after service by mail. A prescribed period of time within which a party is required or permitted to do an act shall be computed from the time of service, except that when the service is made by mail, 3 days shall be added to the prescribed period. Such addition for service by mail shall not apply in the case of �ling initial requests for hearings or responding to a notice of intent to hold a hearing, in which cases statutory �ling times will run from the date of the return receipt pursuant to § 164.8. https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5342 https://www.federalregister.gov/citation/57-FR-5342 https://www.ecfr.gov/current/title-40/section-164.20#p-164.20(b) https://www.ecfr.gov/current/title-40/section-164.20#p-164.20(b) https://www.ecfr.gov/current/title-40/section-164.24 https://www.ecfr.gov/current/title-40/section-164.80 https://www.ecfr.gov/current/title-40/section-164.103 https://www.ecfr.gov/current/title-40/section-164.8 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 6/23 COMMENCEMENT OF PROCEEDING § 164.20 Commencement of proceeding. [38 FR 19371, July 20, 1973, as amended at 38 FR 34117, Dec. 11, 1973; 57 FR 5342, Feb. 13, 1992] § 164.21 Contents of a denial of registration, notice of intent to cancel a registration, or notice of intent to change a classi�ication. § 164.22 Contents of document setting forth objections. (a) A proceeding shall be commenced whenever a hearing is requested by any person adversely affected by a notice of the Administrator of his refusal to register or of his intent to cancel the registration or to change the classi�cation of a pesticide. A proceeding shall likewise be commenced whenever the Administrator decides to call a hearing to determine whether or not the registration of a pesticide should be canceled or its classi�cation changed. Such request or notice of intent to hold a hearing shall be timely �led with the hearing clerk, and the matter shall be docketed and assigned a FIFRA docket number. (b) If a request for a hearing is �led, the person �ling the request shall, at the same time, �le a document stating his objections to the Administrator's refusal to register or his intent to cancel the registration or to change the classi�cation of a pesticide. If a notice of intent to hold a hearing is �led by the Administrator, he shall, at the same time, �le a statement of issues. (c) Upon the �ling of any objections or notice of intent to hold a hearing, the proceeding shall be referred to the Chief Administrative Law Judge by the hearing clerk. The Chief Administrative Law Judge shall refer the proceeding to himself or another Administrative Law Judge who shall thereafter be in charge of all further matters concerning the proceedings, except as otherwise provided for by order of the Chief Administrative Law Judge, the Administrator, or the Environmental Appeals Board. (a) Contents. The denial of registration or a notice of intent to cancel a registration or to change a classi�cation shall be accompanied by the reasons (including the factual basis) for the action. (b) Amendments to contents of denials and notices. Such documents under this section may be amended or enlarged by the Administrator at any time prior to the commencement of the public hearing. If the Administrative Law Judge determines that additional time is necessary to permit a party to prepare for matters raised by such amendments, the commencement of the hearing shall be delayed for an appropriate period. (a) Concise statement required. Any document containing objections to an order of the Administrator of his refusal to register, or his intent to cancel the registration, or change the classi�cation of a pesticide, shall clearly and concisely set forth such objections and the basis for each objection, including relevant allegations of fact concerning the pesticide under consideration. The document shall indicate the registration number of the pesticide, if applicable, a copy of the currently accepted and/or proposed labeling and a list of the currently registered or proposed uses of said pesticide. https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/38-FR-34117 https://www.federalregister.gov/citation/57-FR-5342 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 7/23 § 164.23 Contents of the statement of issues to accompany notice of intent to hold a hearing. § 164.24 Response to the Administrator's notice of intention to hold a hearing. Any person wishing to participate in any proceeding commenced pursuant to any notice by the Administrator of intention to hold a hearing, shall �le with the hearing clerk, within the time set by the Administrator in the notice (in no case less than 30 days from the date of the notice), a written response to the statement of issues which shall include the position and interest of such person with respect thereto. If any such person is a registrant or an applicant for registration, he shall also �le the registration number of the pesticide, if applicable, a copy of the currently accepted and/or proposed labeling and a list of the currently registered or proposed uses of said pesticide. § 164.25 Filing copies of noti�ication of intent to cancel registration or change classi�ication or refusal to register, and statement of issues. After a copy of the document setting forth the objections and requesting a public hearing is �led with the hearing clerk or a response to the statement of issues is �led, the hearing clerk shall serve a copy of the document upon Respondent and the O�ce of the General Counsel of the Agency, (b) Amendments to objections byleave. Objections may be amended at any time prior to the commencement of the public hearing by leave of the Administrative Law Judge or by written consent of all parties. The Administrative Law Judge shall freely grant such leave when justice so requires. If the Administrative Law Judge determines that additional time is necessary to permit a party to prepare for matters raised by amendments to objections, the commencement of the hearing shall be delayed for an appropriate period. This subsection shall not permit the addition, beyond the statutory deadline, of registered pesticides which are not included in the objections �led pursuant to paragraph (a) of this section. (c) Amendments to objections as a matter of right. Objections may be amended as a matter of right within 30 days, or in such time as the Administrator shall designate, after the Administrator amends his notice of intent to cancel a registration, change a classi�cation, or his refusal to register a pesticide. (a) Concise statement required. The statement of issues by the Administrator shall set a time in which any person wishing to participate in the hearing shall �le a written response to the statement of issues as provided by § 164.24. The statement of issues shall include questions as to which evidence shall be taken at the hearing. Those questions may include questions concerning whether a pesticide's registration should be canceled or its classi�cation changed, whether its composition is such as to warrant the claims for it, whether its labeling and other material submitted comply with the requirements of the Act, whether it will perform its intended function without unreasonable adverse effects on the environment, and whether, when used in accordance with widespread and commonly recognized practice, it will or will not generally cause unreasonable adverse effects on the environment. (b) Amendment to statement of issues. The statement of issues may be amended or enlarged by the Administrator at any time prior to the commencement of the public hearing. If the Administrative Law Judge determines that additional time is necessary to permit a party to prepare for matters raised by amendments or enlargements to the statement of issues, the commencement of the hearing shall be delayed for an appropriate period. https://www.ecfr.gov/current/title-40/section-164.22#p-164.22(a) https://www.ecfr.gov/current/title-40/section-164.24 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 8/23 Respondent shall, by counsel, thereupon �le with the hearing clerk a copy of the appropriate notice of intention to cancel, the notice of intention to change the classi�cation or the registration refusal order. APPEARANCES, INTERVENTION, AND CONSOLIDATION § 164.30 Appearances. Representatives. Parties may appear in person or by counsel or other representative. Persons who appear as counsel or in a representative capacity must conform to the standards of ethical conduct required of practitioners before the courts of the United States. § 164.31 Intervention. [38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992] § 164.32 Consolidation. The Chief Administrative Law Judge, by motion or sua sponte, may consolidate two or more proceedings whenever it appears that this will expedite or simplify consideration of the issues. Consolidation shall not affect the right of any party to raise issues that could have been raised if (a) Motion. Any person may �le a motion for leave to intervene in a hearing conducted under this subpart. A motion must set forth the grounds for the proposed intervention, the position and interest of the movant in the proceeding and the documents proposed to be �led pursuant to either § 164.22 or § 164.24. (b) When �led. A motion for leave to intervene in a hearing must ordinarily be �led prior to the commencement of the �rst prehearing conference. Any motion �led after that time must contain, in addition to the information set forth in paragraph (a) of this section, a statement of good cause for the failure to �le the motion prior to the commencement of the �rst prehearing conference, and shall be granted only upon a �nding (1) that extraordinary circumstances justify the granting of the motion, or (2) that the intervenor shall be bound by agreements, arrangements, and other matters previously made in the proceeding. (c) Disposition. Leave to intervene will be freely granted but only insofar as such leave raises matters which are pertinent to and do not unreasonably broaden the issues already presented. If leave is granted, the movant shall thereby become a party with the full status of the original parties to the proceedings. If leave is denied, the movant may request that the ruling be certi�ed to the Environmental Appeals Board, pursuant to § 164.100 for a speedy appeal. (d) Amicus curiae. Persons not parties to the proceedings wishing to �le briefs may do so by leave of the Administrative Law Judge granted on motion. A motion for leave shall identify the interest of the applicant and shall state the reasons why the proposed amicus brief is desirable. Unless all parties otherwise consent, an amicus curiae shall �le its brief within the time allowed the party whose position the brief will support. Upon a showing of good cause, the Administrator or Administrative Law Judge may grant permission for later �ling. https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5342 https://www.ecfr.gov/current/title-40/section-164.22 https://www.ecfr.gov/current/title-40/section-164.24 https://www.ecfr.gov/current/title-40/section-164.31#p-164.31(a) https://www.ecfr.gov/current/title-40/section-164.100 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 9/23 consolidation had not occurred. At the conclusion of proceedings consolidated under this section, the Administrative Law Judge shall issue one decision under § 164.90 unless one or more of the consolidated proceedings have been dismissed pursuant to § 164.91. ADMINISTRATIVE LAW JUDGE § 164.40 Quali�ications and duties of Administrative Law Judge. [38 FR 19371, July 20, 1973, as amended at 38 FR 34117, Dec. 11, 1973; 57 FR 5342, Feb. 13, 1992] PREHEARING PROCEDURES AND DISCOVERY § 164.50 Prehearing conference and primary discovery. (a) Quali�cations. The Administrative Law Judge shall have the quali�cations required by statute. He shall not decide any matter in connection with a proceeding where he has a �nancial interest in any of the parties or a relationship with a party that would make it otherwise inappropriate for him to act. (b) Disquali�cation of the Administrative Law Judge. (1) Any party may, by motion made to the Administrative Law Judge, as soon as practicable, request that he disqualify himself and withdraw from the proceeding. The Administrative Law Judge shall then rule upon the motion and, upon request of the movant, shall certify an adverse ruling for appeal. (2) Withdrawal sua sponte. The Administrative Law Judge may at any time withdraw from any proceedings in which he deems himself disquali�ed for any reason. (c) Conduct. The Administrative Law Judge shall conduct the proceeding in a fair and impartial manner subject to the precepts of the Canons of Judicial Ethics of the American Bar Association. (d) Power. Subject to review, as provided elsewhere in this part, the Administrative Law Judge shall have power to take actions and decisions in conformity with statute or in the interests of justice. The Administrative Law Judge shall not interrupt the recording of the proceedings on the record over the objection of any party. (e) Absence or change of the Administrative Law Judge. In the case of the absence or unavailability of the Administrative Law Judge, or his inability to act, or his removal by disquali�cation or withdrawal, the powers and duties to be performed by him under this part in connection with a hearing assigned to him may, unless otherwise directed by the Administrator, be assigned to another Administrative Law Judge so designated to act by the Chief Administrative Law Judge, the Administrator or the Environmental Appeals Board. (a) Purpose of the prehearing conference. Except as otherwise provided in paragraph (d) of this section, the Administrative Law Judge shall, prior to the commencement of the hearing and for the purpose of expediting the hearing, �le with the hearing clerk an order for a prehearing conference. More than one such conference may be held. Such order or orders shall direct the parties or their counsel to appear at a speci�ed time and place to consider: (1) The simpli�cation of issues including listing of speci�c uses to be contested; https://www.ecfr.gov/current/title-40/section-164.90 https://www.ecfr.gov/current/title-40/section-164.91 https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/38-FR-34117 https://www.federalregister.gov/citation/57-FR-5342 https://www.ecfr.gov/current/title-40/section-164.50#p-164.50(d) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 10/23 (2) The necessity or desirability of amendments to the objections or statement of issues, or any document �led in response thereto; (3) The possibility of obtaining stipulations of fact and documents which will avoid unnecessary delay; (4) Matters of which o�cial notice may be taken; (5) The limitation of the number of expert and other witnesses; (6) Procedure at the hearing except as so provided in § 164.80(a); (7) The use of veri�ed written statements in lieu of oral direct testimony; (8) The intent of any party to request a scienti�c advisory committee as de�ned in § 164.2(f); (9) The issuance of subpoenas and subpoenas duces tecum for discovery and hearing purposes; (10) A setting of a time and place for the public hearing, after giving careful consideration to the convenience of all the parties, the witnesses, the public interest and the necessity for notice in the FEDERAL REGISTER as provided by § 164.8; and (11) Any other matter that may expedite the hearing or aid in the disposition of the proceeding. (b) Primary discovery (Exchange of witness lists and documents). At a prehearing conference or within some reasonable time set by the Administrative Law Judge prior to the hearing, each party shall make available to the other parties the names of the expert and other witnesses the party expects to call, together with a brief narrative summary of their expected testimony and a list of all documents and exhibits which the party expects to introduce into evidence. Thereafter, witnesses, documents, or exhibits may be added and narrative summaries of expected testimony amended upon motion by a party. (c) Record of the prehearing conference. No transcript of any prehearing conference shall be made unless a request therefor by one of the parties is granted by the Administrative Law Judge. Such party shall bear the cost of the taking of the transcript unless otherwise ordered by the Administrative Law Judge. The Administrative Law Judge shall prepare and �le for the record a written report of the action taken at each conference, which shall incorporate any stipulations or agreements made by the parties at or as a result of such conference, all rulings upon matters considered at such conference and appropriate orders. (d) Unavailability of a prehearing conference. Upon a �nding that circumstances render a prehearing conference unnecessary, or impracticable, or upon a �nding that a prehearing conference would serve primarily to delay the proceedings rather than to expedite them, the Administrative Law Judge, on motion or sua sponte, may order that the prehearing conference not be held. In these circumstances he may request the parties to correspond with him for the purpose of accomplishing any of the objectives set forth in this section. Such correspondence shall not be made a part of the record, but the Administrative Law Judge shall submit a written summary for the record if any action is taken. (e) Submission of questions to an advisory committee (1) General. At any prehearing conference, or if none is held prior to the public hearing, except as herein provided, the Administrative Law Judge shall determine whether any party desires that questions of scienti�c fact be referred to a committee designated by the National Academy of Sciences. https://www.ecfr.gov/current/title-40/section-164.80#p-164.80(a) https://www.ecfr.gov/current/title-40/section-164.2#p-164.2(f) https://www.ecfr.gov/current/title-40/section-164.8 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 11/23 [38 FR 19371, July 20, 1973, as amended at 39 FR 11884, Apr. 1, 1974] § 164.51 Other discovery. (2) Preparation of questions. On determining an a�rmative intent, the Administrative Law Judge shall direct all parties to �le and serve, within a time period subject to his discretion, proposed questions of scienti�c fact accompanied by reasons supporting their submission to said committee. Within 10 days of the service of such proposed questions, together with their supporting reasons, any party may respond in writing to the proposed submission of the questions to the said committee. The Administrative Law Judge shall determine whether or not a reference of questions of scienti�c fact to said committee is necessary or desirable. In the event he decides such reference is necessary or desirable, he shall so inform the National Academy in writing, and shall prepare in his discretion appropriate questions. If any of the questions prepared are not in substance based upon the submissions of the parties, the Administrative Law Judge shall permit any party 10 days after their preparation to respond in writing to the proposed submission of said question or questions. He shall then determine whether such questions should be referred to the committee. (3) Reference and report. Not less than 30 days after he has informed the National Academy that questions of scienti�c fact will be referred to it, the Administrative Law Judge shall refer the questions of scienti�c fact as prepared. The committee shall report in writing to the Administrative Law Judge within 60 days after such referral on these questions of scienti�c fact and the report, its record and any other matter transmitted as provided for by the Administrator's agreement with the National Academy of Sciences shall be made public and considered as part of the hearing record. (4) Request and submission subsequent to prehearing conference. At any time before the hearing is closed, the Administrative Law Judge or a party by motion may request that questions of scienti�c fact not previously referred be referred, or that questions previously referred be amended or expanded. The Administrative Law Judge may refer such questions if he �nds that good cause exists and that reference of such questions is necessary or desirable. (a) General. Except as so provided by § 164.50(b) supra, further discovery, under this subpart, shall be permitted only upon determination by the Administrative Law Judge (1) that such discovery shall not in any way unreasonably delay the proceeding, (2) that the information to be obtained is not otherwise obtainable and (3) that such information has signi�cant probative value. The Administrative Law Judge shall be guided by the procedures set forth in the Federal Rules of Civil Procedure, where practicable, and the precedents thereunder, except that no discovery shall be undertaken except upon order of the Administrative Law Judge or upon agreement of the parties. (b) Depositions upon oral questions. The Administrative Law Judge shall order depositions upon oral questions only upon a showing of good cause and upon a �nding that (1) the information sought cannot be obtained by alternative methods, or (2) there is a substantial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a witness at the hearing. https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/39-FR-11884 https://www.ecfr.gov/current/title-40/section-164.50#p-164.50(b) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 12/23 MOTIONS § 164.60 Motions. [38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992] SUBPOENAS AND WITNESS FEES § 164.70 Subpoenas. (c) Procedure. (1) Any party to the proceeding desiring discovery shall make a motion or motions therefor. Such a motion shall set forth (i) the circumstances warranting the taking of the discovery, (ii) the nature of the information expected to be discovered and (iii) the proposed time and place where it will be taken. (2) If the Administrative Law Judge determines the motion should be granted, he shall issue an order and appropriate subpoenas, if necessary, for the taking of such discovery together with the conditions and terms thereof. (a) General. All motions, except those made orally during the course of a public hearing or as otherwise provided by this part, shall be in writing and shall state with particularity the grounds therefor, shall set forth the relief or order sought, and shall be �led with the hearing clerk and served on all parties. (b) Response to motions. Within 10 days after service of any motion �led pursuant to this part, or within such other time as may be �xed by the Administrator, his designee, or the Administrative Law Judge, any party may serve and �le an answer to the motion. The movant shall, if requested by the Administrator, his designee, or the Administrative Law Judge, serve and �le reply papers within the time set by the request. (c) Decision. The Administrative Law Judge shall rule upon all motions �led or made prior to the �ling of his initial or accelerated decision at the time of �ling on ex parte motions or where the movant has stated that no party objects to the granting of such motion. Otherwise, such decision shall await the answering papers and reply papers if permitted. The Environmental Appeals Board shall rule upon all motions �led after the �ling of the initial or accelerated decision. Oral argument of motions will be permitted only if the Administrative Law Judge or the Environmental Appeals Board deems it necessary. (a) The attendance of witnesses or the production of documentary evidence may, by subpoena, be required at any designated place of hearing or place of discovery. Subpoenas may be issued by the Administrative Law Judge sua sponte or upon a showing by an applicant that evidence sought for hearing is relevant and material to the issues involved in the hearing or that the sought discovery pursuant to § 164.51 meets the standards set forth therein. The Administrative Law Judge shall be guided by the principles of the Federal Rules of Civil Procedure in making any order for the protection of a witness or the content of the documents produced. https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5343 https://www.ecfr.gov/current/title-40/section-164.51 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 13/23 § 164.71 Fees of witnesses. Witnesses summoned before the Administrative Law Judge shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and persons whose depositions are taken, and the persons taking the same, shall be entitled to the same fees as are paid for like services in the courts of the United States. Fees shall be paid by the party at whose instance the witness appears or the deposition is taken. THE HEARINGS § 164.80 Order of proceeding and burden of proof. § 164.81 Evidence. (b) Motion for subpoena duces tecum. Subpoenas for the production of documentary evidence, unless issued by the Administrative Law Judge sua sponte, shall be issued only upon a written motion. Such motion shall specify, as exactly as possible, the documents desired. (c) Service of subpoenas. Subpoenas shall be served as provided by the Federal Rules of Civil Procedure. (a) At the hearing, the proponent of cancellation or change in classi�cation has the burden of going forward to present an a�rmative case for the cancellation or change in classi�cation of the registration. In the case of the denial of an application for registration, the applicant shall have the burden of going forward. In the case of a hearing called by the Administrator, the Respondent has the burden of going forward to present an a�rmative case as to the statement of issues. The party having the burden of going forward shall have the opportunity to submit evidence on rebuttal. (b) On all issues arising in connection with the hearing, the ultimate burden of persuasion shall rest with the proponent of the registration. (c) If any party, other than Respondent, after being duly noti�ed, fails to appear at the hearing, he shall be deemed to have authorized the Administrative Law Judge to dismiss the proceeding with or without prejudice, as the Administrative Law Judge may determine, unless a motion excusing the failure to appear has been made and granted. In the event that a party appears at the hearing and no representative of the Agency appears, the Administrative Law Judge shall proceed ex parte to hear the evidence of the party: Provided, That failure on the part of Respondent to appear at a hearing shall not be deemed to be a waiver of Respondent's right to �le proposed �ndings of fact, conclusions of law and orders, to be served with a copy of the Administrative Law Judge's initial or accelerated decision, and to �le exceptions with and to submit argument before the Administrator with respect thereto. (a) General. The Administrative Law Judge shall admit all relevant, competent and material evidence, except evidence that is unduly repetitious. Relevant, competent and material evidence may be received at any hearing even though inadmissible under the rules of evidence applicable to judicial proceedings. The weight to be given evidence shall be determined by its reliability and probative value. In all hearings the testimony of witnesses shall be taken orally, except as otherwise provided by these rules or by the Administrative Law Judge. Parties, however, shall have the right to cross-examine a witness who appears at the hearing, provided that such cross examination is not unduly repetitious. 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 14/23 [38 FR 19371, July 20, 1973, as amended at 40 FR 25815, June 19, 1975; 57 FR 5343, Feb. 13, 1992] § 164.82 Transcripts. (b) Report of a committee of the National Academy of Sciences. If questions have been submitted to a committee designated by the National Academy pursuant to § 164.50(e), the report of the committee, other material that may be required by the Administrator and a list of witnesses and evidence relied upon shall be received into evidence and made part of the record of the hearing. Objections to the report may also be made part of the record and go to the weight of its evidentiary value. (c) Objections. If a party objects to the admission or rejection of any evidence or the limitation of the scope of any examination or cross-examination, he shall state brie�y the grounds for such objection. The transcript shall include any argument or debate thereon, unless the Administrative Law Judge, with the consent of all parties, orders that such argument not be transcribed. The ruling and the reasons given therefor by the Administrative Law Judge on any objection shall be a part of the transcript. An automatic exception to that ruling will follow. (d) Exhibits. Except where the Administrative Law Judge �nds that the furnishing of copies is impracticable, a copy of each exhibit �led with the Administrative Law Judge shall be furnished to each other party. A true copy of an exhibit may, in the discretion of the Administrative Law Judge, be substituted for the original. (e) O�cial Notice. O�cial notice may be taken of Agency proceedings, any matter judicially noticed in the Federal courts, and of other facts within the specialized knowledge and experience of the Agency. Any active party shall be given adequate opportunity to show that such facts are erroneously noticed by presenting evidence to the contrary. (f) Offer of proof. Whenever evidence is deemed inadmissible, the party offering such evidence may make an offer of proof, which shall be included in the transcript. The offer of proof for excluded oral testimony shall consist of a brief statement describing the nature of the evidence excluded. If the evidence consists of a document or exhibit, it shall be inserted in the record in total. In the event the Environmental Appeals Board decides that the Administrative Law Judge's ruling in excluding the evidence was erroneous and prejudicial, the hearings may be reopened to permit the taking of such evidence, or where appropriate, the Environmental Appeals Board may evaluate the evidence and proceed to a �nal decision. (g) Veri�ed statements. With the approval of the Administrative Law Judge, a witness may insert into the record, as his testimony, statements of fact or opinion prepared by him or written answers to interrogatories of counsel, or may submit as an exhibit his prepared statement, provided that such statements or answers must not include legal argument. Before any such statement or answer is read or admitted into evidence the witness shall deliver to the Administrative Law Judge, the reporter, and opposing counsel a copy of such. The admissibility of the evidence contained in such statement shall be subject to the same rules as if such testimony were produced in the usual manner and the witness shall be subject to oral cross-examination on the contents of such statements. Approval for such a procedure may be denied when it appears to the Administrative Law Judge that the memory or the demeanor of the witness is of importance. (a) Filing and certi�cation. Hearings shall be stenographically reported, transcribed and made available to the public as required by statute or Agency regulations. As soon as practicable after the taking of the last evidence, the Administrative Law Judge shall certify https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/40-FR-25815 https://www.federalregister.gov/citation/57-FR-5343 https://www.ecfr.gov/current/title-40/section-164.50#p-164.50(e) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 15/23 INITIAL OR ACCELERATED DECISION § 164.90 Initial decision. [38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992] § 164.91 Accelerated decision. (1) that the original transcript is a true transcript of the testimony offered or received at the hearing, except in such particulars as he shall specify and (2) that the exhibits accompanying the transcript are all the exhibits introduced at the hearing, with such exceptions as he shall specify. A copy of such certi�cate shall be attached to each of the copies of the transcript. (b) [Reserved] (a) Proposed �ndings of fact, conclusions, and order. Within 20 days after the last evidence is taken in a hearing, each party may �le with the hearing clerk proposed orders, �ndings of fact, and conclusions of law based solely on the record, and a brief in support thereof. Within 10 days thereafter, each party may �le a reply brief. The Administrative Law Judge may, in his discretion, extend the total time period for �ling any proposed �ndings, conclusions, orders or briefs for an additional 30 days. In such instances, briefs and replies shall be due at such time as the Administrative Law Judge may �x by order. The hearing shall be deemed closed at the conclusion of the brie�ng period. (b) Initial decision. The Administrative Law Judge, within 25 days after the close of the hearing, shall evaluate the record before him, and prepare and �le his initial decision with the hearing clerk. A copy of the initial decision shall be served upon each of the parties, and the hearing clerk shall immediately transmit a copy to the Environmental Appeals Board. The initial decision shall become the decision of the Environmental Appeals Board without further proceedings unless an appeal is taken from it or the Environmental Appeals Board orders review of it, pursuant to § 164.101. (a) General. The Administrative Law Judge, in his discretion, may at any time render an accelerated decision in favor of Respondent as to all or any portion of the proceeding, including dismissal without further hearing or upon such limited additional evidence such as a�davits as he may receive, under any of the following conditions: (1) Untimely or insu�cient objections �led pursuant to § 164.20; (2) Failure to comply with discovery orders; (3) Failure to comply with prehearing orders; (4) Failure to appear or to proceed at prehearing conferences; (5) Failure to appear at the hearing; (6) Failure to state a claim upon which relief can be granted, or direct or collateral estoppel. (7) Theat there is no genuine issue of any material fact and that the respondent is entitled to judgment as a matter of law; or (8) Such other and further reasons as are just. https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5343 https://www.ecfr.gov/current/title-40/section-164.101 https://www.ecfr.gov/current/title-40/section-164.20 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 16/23 APPEALS § 164.100 Appeals from or review of interlocutory orders or rulings. Except as provided herein, appeals as a matter of right shall lie to the Environmental Appeals Board only from an initial or accelerated decision of the Administrative Law Judge. Appeals from other orders or rulings shall, except as provided in this section, lie only if the Administrative Law Judge certi�es such orders or rulings for appeal, or otherwise as provided. The Administrative Law Judge may certify an order or ruling for appeal to the Environmental Appeals Board when: (a) The order or ruling involves an important question of law or policy about which there is substantial ground for difference of opinion; and (b) either (1) an immediate appeal from the order and ruling will materially advance the ultimate termination of the proceeding or (2) review after the �nal judgment is issued will be inadequate or ineffective. The Administrative Law Judge shall certify orders or rulings for appeal only upon the request of a party. If the Environmental Appeals Board determines that certi�cation was improvidently granted, or takes no action within thirty (30) days of the certi�cation, the appeal shall be deemed dismissed. When an order or ruling is not certi�ed by the Administrative Law Judge, it shall be reviewed by the Environmental Appeals Board only upon appeal from the initial or accelerated decision except when the Environmental Appeals Board determines, upon request of a party and in exceptional circumstances, that delaying review would be deleterious to vital public or private interests. Except in extraordinary circumstances proceedings will not be stayed pending an interlocutory appeal; where a stay is granted, a stay of more than 30 days must be approved by the Environmental Appeals Board. Ordinarily, the interlocutory appeal will be decided on the basis of the submission made to the Administrative Law Judge, but the Environmental Appeals Board may allow further briefs and oral argument. [57 FR 5343, Feb. 13, 1992] § 164.101 Appeals from or review of initial decisions. (b) Effect. A decision rendered under this section shall have the same force and effect as an initial decision entered under § 164.90. (a) Exceptions and request for oral argument. (1) Within 20 days after the �ling of the Administrative Law Judge's initial decision, each party may take exception to any matter set forth in such decision or to any adverse order or ruling to which he objected during the hearing and may appeal such exceptions to the Environmental Appeals Board for decision by �ling them in writing with the hearing clerk, including a section containing proposed �ndings of fact, conclusions, orders, or rulings. Within the same period of time each party �ling exceptions and amicus curiae shall �le with the hearing clerk a brief concerning each of the exceptions being appealed. The party shall include, in its brief, page references to the relevant portions of the record and to the Administrative Law Judge's initial decision. (2) Within 7 days of the service of exceptions, and of a brief under paragraph (a)(1) of this section, any other party or amicus curiae may �le and serve a brief responding to exceptions or arguments raised by any other party. Such brief shall include references to the relevant portions of the record. Such brief shall not, however, raise additional exceptions. (3) Five copies of all material �led under this section shall be �led with the hearing clerk. https://www.federalregister.gov/citation/57-FR-5343 https://www.ecfr.gov/current/title-40/section-164.90 https://www.ecfr.gov/current/title-40/section-164.101#p-164.101(a)(1) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 17/23 [38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992] § 164.102 Appeals from accelerated decisions. [38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992] § 164.103 Final decision or order on appeal or review. Within 90 days after the close of the hearing or within 90 days from the �ling of an accelerated decision, unless otherwise stipulated by the parties, the Environmental Appeals Board shall, on appeal or review from an initial or accelerated order of the Administrative Law Judge, issue its �nal decision and order, including its rulings on any exceptions �led by the parties; such �nal order may accept or reject all or part of the initial or accelerated decision of the Administrative Law Judge even if acceptable to the parties. [57 FR 5343, Feb. 13, 1992] (b) Review by Administrator when no exceptions are �led. If no exceptions are �led within the time provided, the hearing clerk shall notify the Administrator 30 days from the date of �ling of the Administrative Law Judge's initial decision. Within 10 days after said noti�cation, the Environmental Appeals Board shall issue an order either declining review of the initial decision or expressing its intent to review said initial decision. Such order may include a statement of issues to be briefed by the parties and a time schedule concerning service and �ling of briefs adequate to allow the Environmental Appeals Board to issue a �nal order within 90 days from the close of the hearing. (c) Argument before the Environmental Appeals Board. (1) A party, if he �les exceptions and a brief, shall state in writing whether he desires to make an oral argument thereon before the Environmental Appeals Board; otherwise, he shall be deemed to have waived such oral argument. The Environmental Appeals Board shall, however, on its own initiative, have the right to set an appeal for oral argument. (2) If the Environmental Appeals Board determines that additional exceptions should be argued, counsel for the parties shall be given reasonable written notice of such determination so as to permit preparation of adequate argument on all of the exceptions to be argued. (a) Within 20 days after �ling of an accelerated decision by the Administrative Law Judge, any party may �le exceptions and a supporting brief with the hearing clerk, stating with particularity the grounds upon which he asserts that the decision is incorrect. The party shall include in its brief page references to the relevant portions of the record, if applicable. (b) Within 7 days of the service of exceptions and brief under paragraph (a) of this section, any other party or amicus curiae may �le and serve a brief responding thereto, with appropriate page references to the relevant portions of the record, if applicable. (c) Ordinarily, the appeal from an accelerated decision will be decided on the basis of the submission of briefs, but the Environmental Appeals Board may allow additional briefs and oral argument. https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5343 https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5343 https://www.federalregister.gov/citation/57-FR-5343 https://www.ecfr.gov/current/title-40/section-164.102#p-164.102(a) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 18/23 § 164.110 Motion for reopening hearings; for rehearing; for reargument of any proceeding; or for reconsideration of order. [38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992] § 164.111 Procedure for disposition of motions. Within 7 days following the service of any motion provided for in § 164.110, any other party to the proceeding may �le with the hearing clerk an answer thereto. As soon as practicable thereafter, the Environmental Appeals Board shall announce its decision whether to grant or to deny the motion. Unless the Environmental Appeals Board shall determine otherwise, operation of the order shall not be stayed pending the decision to grant or to deny the motion. In the event that any such motion is granted by the Environmental Appeals Board, the applicable rules of practice, as set out elsewhere herein, shall be followed. [38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992] Subpart C - General Rules of Practice for Expedited Hearings § 164.120 Noti�ication. (a) Filing; service. A motion for reopening the hearing to take further evidence, or for rehearing or reargument of any proceeding or for reconsideration of the order, must be made by motion to the Environmental Appeals Board �led with the hearing clerk. Every such motion must state speci�cally the grounds relied upon. (b) Motion to reopen hearings. A motion to reopen a hearing to take further evidence may be �led at any time prior to the issuance of the Administrator's �nal order. Every such motion shall state brie�y the nature and purpose of the evidence to be adduced, shall show that such evidence is not merely cumulative, and shall set forth good reason why such evidence was not adduced at a hearing. (c) Motions to rehear or reargue proceedings, or to reconsider �nal orders. A motion to rehear or reargue the proceeding or to reconsider the �nal order shall be �led within 10 days after the date of service of the �nal order. Every such motion must state speci�cally the matters claimed to have been erroneously decided, and alleged errors must be brie�y stated. Motions to rehear or reargue proceedings or to reconsider �nal orders shall be directed to, and heard by, the Environmental Appeals Board. Motions under this section directed to the Administrator will not be considered, except in cases that the Environmental Appeals Board has referred to the Administrator pursuant to § 164.2(g) and in which the Administrator has issued the �nal order. A motion for reconsideration shall not stay the effective date of the �nal order unless speci�cally so ordered by the Environmental Appeals Board. (a) Whenever the Administrator determines that action is necessary to prevent an imminent hazard during the time required for cancellation or change in classi�cation proceedings, but that the hazard does not constitute an emergency, he shall notify the registrant of his intention to suspend registration of the pesticide at issue. (b) Such notice shall include �ndings pertaining to the question of imminent hazard and shall either be personally served on the registrant or be sent to the registrant by registered or certi�ed mail, return receipt requested, and �led with the hearing clerk. https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5343 https://www.ecfr.gov/current/title-40/section-164.110 https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5344 https://www.ecfr.gov/current/title-40/section-164.2#p-164.2(g) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 19/23 § 164.121 Expedited hearing. (a) Request. (1) An expedited hearing shall be held whenever the Administrator has received from the registrant a timely request for such hearing in response to the Administrator's notice of intention to suspend. (2) A request for an expedited hearing is timely if made in writing or by telegram and �led with the o�ce of the hearing clerk within 5 days of the registrant's receipt of the notice of intention to suspend. (3) At the time of �ling a request for an expedited hearing, the registrant shall also �le a document setting forth objections to the Administrator's notice of intention to suspend and its �ndings pertaining to the question of imminent hazard. Such objections shall conform to the requirements of § 164.21. (b) Presiding o�cer. (1) An expedited hearing shall be conducted by a presiding o�cer appointed by the Administrator, and such o�cer need not be an Administrative Law Judge. (2) The presiding o�cer shall not have the authority to make an initial decision on the merits but shall make a recommended decision only. (c) The issue. The expedited hearing shall address only the issue of whether an imminent hazard exists. (d) Time of hearing. The hearing shall commence within 5 days after the �ling of the request with the o�ce of the hearing clerk unless the registrant and respondent agree that it shall commence at a later time. As soon as possible, the presiding o�cer shall publish in the FEDERAL REGISTER notice of such hearing. (e) Intervention. Any person adversely affected by the Administrator's notice may move to intervene within 5 days after the receipt by the registrant of said notice or at any time prior to the conclusion of the presentation of the evidence, upon good cause found, except (1) Leave to intervene will be granted only if the motion to intervene meets the standards of § 164.31 and, in addition, indicates that the movant would raise matters or introduce evidence pertinent to the issue of imminent hazard which would substantially assist in its resolution. (2) A movant denied permission to intervene under this section but who otherwise meets the standards of § 164.31 and who is adversely affected may �le proposed �ndings and conclusions and briefs in support thereof pursuant to paragraph (j) of this section. Any person �ling under this subsection shall be deemed to have been a party to the proceeding, for all purposes of its further review. (3) When an “emergency order” is issued pursuant to § 164.123, no person other than the respondent and the registrant shall participate in the hearing except that any person adversely affected may �le proposed �ndings and conclusions and briefs in support thereof pursuant to paragraph (j) of this section. Any person �ling under this subsection shall be deemed to have been a party to the proceeding for all purposes of its further review. (f) Appearances and consolidation. The provisions of §§ 164.30 and 164.32 apply to an expedited hearing insofar as may be practicable. https://www.ecfr.gov/current/title-40/section-164.21 https://www.ecfr.gov/current/title-40/section-164.31 https://www.ecfr.gov/current/title-40/section-164.31 https://www.ecfr.gov/current/title-40/section-164.121#p-164.121(j) https://www.ecfr.gov/current/title-40/section-164.123 https://www.ecfr.gov/current/title-40/section-164.121#p-164.121(j) https://www.ecfr.gov/current/title-40/section-164.30 https://www.ecfr.gov/current/title-40/section-164.32 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 20/23 [38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992] § 164.122 Final order and order of suspension. [38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992] § 164.123 Emergency order. (g) Order of proceeding and burden of proof. At the hearing, the proponent of suspension shall have the burden of going forward to present an a�rmative case for the suspension. However, the ultimate burden of persuasion shall rest with the proponent of the registration. (h) Evidence. The provisions of § 164.81, where applicable, apply to an expedited hearing. (i) Transcripts. The presiding o�cer shall make provision for daily transcripts and otherwise comply with the provisions of § 164.82. (j) Proposed �ndings or conclusions; recommended decision. (1) Within 4 days of the conclusion of the presentation of evidence, the parties may propose �ndings and conclusions to the Presiding O�cer. Such proposed �ndings and conclusions shall be accompanied by a brief with supporting reasons. (2) Within 8 days of the conclusion of the presentation of evidence, the Presiding O�cer shall submit to the parties his proposed recommended �ndings and conclusions and a statement of the reasons on which they are based. (3) Within 10 days of the conclusion of the presentation of evidence the Presiding O�cer shall submit to the Environmental Appeals Board his recommended �ndings and conclusions, together with the record. (4) Within 12 days of the conclusion of the presentation of evidence the parties shall submit to the Environmental Appeals Board their objections to the Presiding O�cer's recommended �ndings and conclusions and written briefs in support thereof. (a) Final order. Within 7 days of receipt of the record and of the Presiding O�cer's recommended �ndings and conclusions, the Environmental Appeals Board shall issue a �nal decision and order. Such �nal order may accept or reject in whole or in part the recommendations of the Presiding O�cer. (b) Order of suspension. No �nal order of suspension shall be issued unless the Environmental Appeals Board has issued or at the same time issues a notice of its intention to cancel the registration or change the classi�cation of the pesticide. Such notice shall be given as provided in § 164.8. (a) Whenever the Environmental Appeals Board determines that an emergency exists that does not permit him to hold a hearing before suspension, the Environmental Appeals Board may issue a suspension order in advance of noti�cation to the registrant. (b) The Environmental Appeals Board shall immediately notify the registrant of the suspension order. The registrant may then request a hearing in accordance with §§ 164.121 and 164.122, but the suspension order shall remain in effect during the hearing pending the issuance of a �nal order on suspension. https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5344 https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5344 https://www.ecfr.gov/current/title-40/section-164.81 https://www.ecfr.gov/current/title-40/section-164.82 https://www.ecfr.gov/current/title-40/section-164.8 https://www.ecfr.gov/current/title-40/section-164.121 https://www.ecfr.gov/current/title-40/section-164.122 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 21/23 [38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992] Subpart D - Rules of Practice for Applications Under Sections 3 and 18 To Modify Previous Cancellation or Suspension Orders Authority: Sec. 25(a) and 6 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1972 (86 Stat. 997). Source: 40 FR 12265, Mar. 18, 1975, unless otherwise noted. § 164.130 General. EPA has determined that any application under section 3 or section 18 of the Act to allow use of a pesticide at a site and on a pest for which registration has been �nally cancelled or suspended by the Administrator constitutes a petition for reconsideration of such order. Because of the extensive notice and hearing opportunities mandated by FIFRA and the Administrative Procedures Act before a �nal cancellation or suspension order may be issued, EPA has determined that such orders may not be reversed or modi�ed without affording interested parties - who may in fact have participated in lengthy cancellation proceedings - similar notice and hearing opportunities. The procedures set forth in this subpart D shall govern all such applications. § 164.131 Review by Administrator. (a) The Administrator will review applications subject to this subpart D and supporting data submitted by the applicant to determine whether reconsideration of the Administrator's prior cancellation or suspension order is warranted. The Administrator shall determine that such reconsideration is warranted when he �nds that: (1) The applicant has presented substantial new evidence which may materially affect the prior cancellation or suspension order and which was not available to the Administrator at the time he made his �nal cancellation or suspension determination and (2) such evidence could not, through the exercise of due diligence, have been discovered by the parties to the cancellation or suspension proceeding prior to the issuance of the �nal order. (b) If after review of the application and other supporting data submitted by the applicant, the Administrator determines, in accordance with paragraph (a) of this section, that reconsideration of his prior order is not warranted, then the application will be denied without requirement for an administrative hearing. The Administrator shall publish notice in the FEDERAL REGISTER of the denial brie�y describing the basis for his determination as soon as practicable. Such denial shall constitute �nal agency action. (c) If after review of the application and other supporting data submitted by the applicant, the Administrator determines, in accordance with paragraph (a) of this section, that reconsideration of his prior order is warranted, he will then publish notice in the FEDERAL REGISTER setting forth his determination and brie�y describing the basis for the determination. Such notice shall announce that a formal public hearing will be held in accordance with 5 U.S.C. section 554. The notice shall specify: (1) The date on which the hearing will begin and end, https://www.federalregister.gov/citation/38-FR-19371 https://www.federalregister.gov/citation/57-FR-5344 https://www.ecfr.gov/current/title-40/section-164.131#p-164.131(a) https://www.ecfr.gov/current/title-40/section-164.131#p-164.131(a) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 22/23 § 164.132 Procedures governing hearing. § 164.133 Emergency waiver of hearing. (2) the issues of fact and law to be adjudicated at the hearing, (3) the date on which the presiding o�cer shall submit his recommendations, including �ndings of fact and conclusions, to the Administrator, and (4) the date on which a decision by the Administrator is anticipated. (a) The burden of proof in the hearing convened pursuant to § 164.131 shall be on the applicant and he shall proceed �rst. The issues in the hearing shall be whether: (1) Substantial new evidence exists and (2) such substantial new evidence requires reversal or modi�cation of the existing cancellation or suspension order. The determination of these issues shall be made taking into account the human and environmental risks found by the Administrator in his cancellation or suspension determination and the cumulative effect of all past and present uses, including the requested use, and uses which may reasonably be anticipated to occur in the future as a result of granting the requested reversal or modi�cation. The granting of a particular petition for use may not in itself pose a signi�cant risk to man or the environment, but the cumulative impact of each additional use of the cancelled or suspended pesticide may re-establish, or serve to maintain, the signi�cant risks previously found by the Administrator. (b) The presiding o�cer shall make recommendations, including �ndings of fact and conclusions and to the extent feasible, as determined by the presiding o�cer, the procedures at the hearing shall follow the Rules of Practice, set forth in subparts A and B of this part 164. (a) In the case of an application subject to this subpart D which is �led under section 18 of FIFRA, and regulations thereunder, and for which a hearing is required pursuant to § 164.131, the Administrator may dispense with the requirement of convening such a hearing in any case in which he determines: (1) That the application presents a situation involving need to use the pesticide to prevent an unacceptable risk: (i) To human health, or (ii) to �sh or wildlife populations when such use would not pose a human health hazard; and (2) That there is no other feasible solution to such risk; and (3) That the time available to avert the risk to human health or �sh and wildlife is insu�cient to permit convening a hearing as required by § 164.131; and (4) That the public interest requires the granting of the requested use as soon as possible. (b) Notice of any determination made by the Administrator pursuant to paragraph (a) of this section shall be published in the FEDERAL REGISTER as soon as practicable after granting the requested use and shall set forth the basis for the Administrator's determination. https://www.ecfr.gov/current/title-40/section-164.131 https://www.ecfr.gov/current/title-40/part-164/subpart-A https://www.ecfr.gov/current/title-40/part-164/subpart-B https://www.ecfr.gov/current/title-40/section-164.131 https://www.ecfr.gov/current/title-40/section-164.131 https://www.ecfr.gov/current/title-40/section-164.133#p-164.133(a) 9/16/21, 2:51 PM eCFR :: 40 CFR Part 164 -- Rules of Practice Governing Hearings, Under the Federal Insecticide, Fungicide, and Rodenticide Act,… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-164 23/23 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 1/36 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 165 - PESTICIDE MANAGEMENT AND DISPOSAL Authority: 7 U.S.C. 136 through 136y. Source: 71 FR 47422, Aug. 16, 2006, unless otherwise noted. Subpart A - General § 165.1 Scope. The part 165 regulations establish standards and requirements for pesticide containers, repackaging pesticides, and pesticide containment structures. § 165.3 De�initions. Terms used in this part have the same meaning as in the Act and part 152 of this chapter. In addition, as used in this part, the following terms shall have the meanings set forth below. Act means the Federal Insecticide, Fungicide, and Rodenticide Act. Agricultural pesticide means any pesticide product labeled for use in or on a farm, forest, nursery, or greenhouse. Appurtenance means any equipment or device which is used for the purpose of transferring a pesticide from a stationary pesticide container or to any re�llable container, including but not limited to, hoses, �ttings, plumbing, valves, gauges, pumps and metering devices. Capacity means, as applied to containers, the rated capacity of the container. Container means any package, can, bottle, bag, barrel, drum, tank, or other containing-device (excluding any application tanks) used to enclose a pesticide. Containers that are used to sell or distribute a pesticide product and that also function in applying the product (such as spray bottles, aerosol cans and containers that become part of a direct injection system) are considered to be containers for the purposes of this part. Containment pad means any structure that is designed and constructed to intercept and contain pesticides, rinsates, and equipment wash water at a pesticide dispensing area. View table of contents for this page ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/part-152 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 2/36 Containment structure means either a secondary containment unit or a containment pad. Custom blending means the service of mixing pesticides to a customer's speci�cations, usually a pesticide(s)-fertilizer(s), pesticide-pesticide, or a pesticide-animal feed mixture, when: Dilutable means that the pesticide product's labeling allows or requires the pesticide product to be mixed with a liquid diluent prior to application or use. Dry pesticide means any pesticide that is in solid form and that has not been combined with liquids; this includes formulations such as dusts, wettable powders, dry �owables, water-soluble powders, granules, and dry baits. Establishment means any site where a pesticidal product, active ingredient, or device is produced, regardless of whether such site is independently owned or operated, and regardless of whether such site is domestic and producing a pesticidal product for export only, or whether the site is foreign and producing any pesticidal product for import into the United States. Facility means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person who controls, who is controlled by, or who is under common control with such person). Nonre�llable container means a container that is not a re�llable container and that is designed and constructed for one-time use and is not intended to be �lled again with a pesticide for sale or distribution. Reconditioned containers are considered to be nonre�llable containers. One-way valve means a valve that is designed and constructed to allow virtually unrestricted �ow in one direction and no �ow in the opposite direction, thus allowing the withdrawal of material from, but not the introduction of material into, a container. Operator means any person in control of, or having responsibility for, the daily operation of a facility at which a containment structure is located. Owner means any person who owns a facility at which a containment structure is required. Pesticide compatible as applied to containers means that the container construction materials will not chemically react with the formulation. A container is not compatible with the formulation if, for example, the formulation: (1) The blend is prepared to the order of the customer and is not held in inventory by the blender; (2) The blend is to be used on the customer's property (including leased or rented property); (3) The pesticide(s) used in the blend bears end-use labeling directions which do not prohibit use of the product in such a blend; (4) The blend is prepared from registered pesticides; and (5) The blend is delivered to the end-user along with a copy of the end-use labeling of each pesticide used in the blend and a statement specifying the composition of the mixture. (1) Is corrosive to the container; (2) Causes softening, premature aging, or embrittlement of the container; 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 3/36 Pesticide compatible as applied to containment means that the containment construction materials are able to withstand anticipated exposure to stored or transferred substances without losing the capability to provide the required containment of the same or other substances within the containment area. Pesticide dispensing area means an area in which pesticide is transferred out of or into a container. Portable pesticide container means a re�llable container that is not a stationary pesticide container. Produce means to manufacture, prepare, propagate, compound, or process any pesticide, including any pesticide produced pursuant to section 5 of the Act, and any active ingredient or device, or to package, repackage, label, relabel, or otherwise change the container of any pesticide or device. Producer means any person, as de�ned by the Act, who produces any pesticide, active ingredient, or device (including packaging, repackaging, labeling and relabeling). Re�llable container means a container that is intended to be �lled with pesticide more than once for sale or distribution. Re�ller means a person who engages in the activity of repackaging pesticide product into re�llable containers. This could include a registrant or a person operating under contract to a registrant. Re�lling establishment means an establishment where the activity of repackaging pesticide product into re�llable containers occurs. Repackage means, for the purposes of this part, to transfer a pesticide formulation from one container to another without a change in the composition of the formulation, the labeling content, or the product's EPA registration number, for sale or distribution. Rinsate means the liquid resulting from the rinsing of the interior of any equipment or container that has come in direct contact with any pesticide. Runoff means surface water leaving the target site. Secondary containment unit means any structure, including rigid diking, that is designed and constructed to intercept and contain pesticide spills and leaks and to prevent runoff and leaching from stationary pesticide containers. Stationary pesticide container means a re�llable container that is �xed at a single facility or establishment or, if not �xed, remains at the facility or establishment for at least 30 consecutive days, and that holds pesticide during the entire time. Suspension concentrate means a stable suspension of solid particulate active ingredients in a liquid intended for dilution with water before use. (3) Otherwise causes the container to weaken or to create the risk of discharge; (4) Reacts in a signi�cant chemical, electrolytic, or galvanic manner with the container, or (5) Interacts in a way, such as the active ingredient permeating the container wall, that would cause the formulation to differ from its composition as described in the statement required in connection with its registration under FIFRA section 3. 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 4/36 Tamper-evident device means a device which can be visually inspected to determine if a container has been opened. Transport vehicle means a cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode. Washwater means the liquid resulting from the rinsing of the exterior of any equipment or containers that have or may have come in direct contact with any pesticide or system maintenance compound, such as oil or antifreeze. [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64224, Oct. 29, 2008] §§ 165.4-165.19 [Reserved] Subpart B - Nonre�illable Container Standards: Container Design and Residue Removal § 165.20 General provisions. [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008] § 165.23 Scope of pesticide products included. (a) What is the purpose of the regulations in this subpart? The regulations in this subpart establish design and construction requirements for nonre�llable containers used for the distribution or sale of some pesticide products. (b) Do I have to comply with the regulations in this subpart? You must comply with the regulations in this subpart if you are a registrant who distributes or sells a pesticide product in nonre�llable containers. If your pesticide product is subject to the regulations in this subpart as set out in § 165.23, your pesticide product must be distributed or sold in a nonre�llable container that meets the standards of these regulations. (c) When do I have to comply? Any pesticide product packaged in a nonre�llable container and released for shipment by you after August 16, 2009 must be packaged in a nonre�llable container that complies with the regulations of this subpart. (a) Are manufacturing use products subject to the regulations in this subpart? No, the regulations in this subpart do not apply to manufacturing use products, as de�ned in § 158.153(h) of this chapter. (b) Are plant-incorporated protectants subject to the regulations in this subpart? No, the regulations in this subpart do not apply to plant-incorporated protectants, as de�ned in § 174.3 of this chapter. (c) Which antimicrobial pesticide products are not subject to the regulations in this subpart? The regulations in this subpart do not apply to a pesticide product if it satis�es all of the following conditions: (1) The pesticide product meets one of the following two criteria: (i) The pesticide product is an antimicrobial pesticide as de�ned in FIFRA section 2(mm); or https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64224 https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64225 https://www.ecfr.gov/current/title-40/section-165.23 https://www.ecfr.gov/current/title-40/section-158.153#p-158.153(h) https://www.ecfr.gov/current/title-40/section-174.3 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 5/36 (ii) The pesticide product: (A) Is intended to: disinfect, sanitize, reduce or mitigate growth or development of microbiological organisms; or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and (B) In the intended use is subject to a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act or a food additive regulation under section 409 of such Act. (2) The labeling of the pesticide product includes directions for use on a site in at least one of the following antimicrobial product use categories: food handling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools. (3) The pesticide product is not a hazardous waste as set out in part 261 of this chapter when the pesticide product is intended to be disposed. (4) EPA has not speci�cally determined that the pesticide product must be subject to the regulations in this subpart to prevent an unreasonable adverse effect on the environment according to the provisions of paragraph (d) of this section. (d) How will EPA determine if an antimicrobial pesticide product otherwise exempted must be subject to the regulations in this subpart to prevent an unreasonable adverse effect on the environment? (1) EPA may determine that an antimicrobial pesticide product otherwise exempted by paragraph (c) of this section must be subject to the nonre�llable container regulations in this subpart to prevent an unreasonable adverse effect on the environment if all of the following conditions exist: (i) EPA obtains information, data or other evidence of a problem with the containers of a certain pesticide product or related group of products. (ii) The information, data or other evidence is reliable and factual. (iii) The problem causes or could reasonably be expected to cause an unreasonable adverse effect on the environment. (iv) Complying with the container regulations could reasonably be expected to eliminate the problem. (2) If EPA determines that an antimicrobial pesticide product otherwise exempted by paragraph (c) of this section must be subject to the nonre�llable container regulations in this subpart to prevent an unreasonable adverse effect on the environment, EPA may require, by rule, that the product be distributed or sold in nonre�llable containers that comply with all or some of the requirements in this subpart. Alternatively, EPA may notify the applicant or registrant of its intent to make such a determination. After allowing the applicant or registrant a reasonable amount of time to reply, EPA may require, by noti�cation and as a condition of registration, that the product be distributed or sold in nonre�llable containers that comply with all or some of the requirements in this subpart. For the purpose of the previous sentence, 60 days would be a reasonable amount of time to reply, although EPA may, https://www.ecfr.gov/current/title-40/part-261 https://www.ecfr.gov/current/title-40/section-165.23#p-165.23(d) https://www.ecfr.gov/current/title-40/section-165.23#p-165.23(c) https://www.ecfr.gov/current/title-40/section-165.23#p-165.23(c) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 6/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008] § 165.25 Nonre�illable container standards. in its discretion, provide more time. EPA may deny registration or initiate cancellation proceedings if the registrant fails to comply with the nonre�llable container regulations within the time frames established by EPA in the rule or in its noti�cation. (e) What other pesticide products are subject to the regulations in this subpart? (1) Except for manufacturing use products, plant-incorporated protectants, and antimicrobial products that are exempt under paragraph (c) of this section, all of the regulations in this subpart apply to a pesticide product if it satis�es at least one of the following criteria: (i) The pesticide product meets the criteria of Toxicity Category I as set out in § 156.62 of this chapter. (ii) The pesticide product meets the criteria of Toxicity Category II as set out in § 156.62 of this chapter. (iii) The pesticide product is classi�ed for restricted use as set out in §§ 152.160 152.175 of this chapter. (2) Except for manufacturing use products, plant-incorporated protectants, antimicrobial products that are exempt under (c) of this section, and other pesticide products that are regulated under paragraph (e)(1) of this section, a pesticide product must be packaged in compliance with 49 CFR 173.24. If the pesticide product meets the de�nition of a hazardous material in 49 CFR 171.8, the Department of Transportation requires it to be packaged according to 49 CFR parts 171-180. (f) What does “pesticide product” or “pesticide” mean in the rest of this subpart? In §§ 165.25 through 165.27, the term “pesticide product” or “pesticide” refers only to a pesticide product or a pesticide that is subject to the regulations in this subpart as described in paragraphs (a) through (e) of this section. (a) What Department of Transportation (DOT) standards do my nonre�llable containers have to meet under this part if my pesticide product is not a DOT hazardous material? A pesticide product that does not meet the de�nition of a hazardous material in 49 CFR 171.8 must be packaged in a nonre�llable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR 173.4, 173.5, 173.6, 173.24, 173.24a, 173.24b, 173.28, 173.155, 173.203, 173.213, 173.240(c), 173.240(d), 173.241(c), 173.241(d), part 178, and part 180 that are applicable to a Packing Group III material, or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. The requirements in this paragraph apply to the pesticide product as it is packaged for transportation in commerce. (b) What DOT standards do my nonre�llable containers have to meet under this part if my pesticide product is a DOT hazardous material? (1) If your pesticide product meets the de�nition of a hazardous material in 49 CFR 171.8, the DOT requires your pesticide product to be packaged according to 49 CFR parts 171-180 or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64225 https://www.ecfr.gov/current/title-40/section-165.23#p-165.23(c) https://www.ecfr.gov/current/title-40/section-156.62 https://www.ecfr.gov/current/title-40/section-156.62 https://www.ecfr.gov/current/title-40/section--152.175 https://www.ecfr.gov/current/title-40/section-165.23#p-165.23(c) https://www.ecfr.gov/current/title-40/section-165.23#p-165.23(e)(1) https://www.ecfr.gov/current/title-49/section-173.24 https://www.ecfr.gov/current/title-49/section-171.8 https://www.ecfr.gov/current/title-49/part-171 https://www.ecfr.gov/current/title-40/section-165.25 https://www.ecfr.gov/current/title-40/section-165.27 https://www.ecfr.gov/current/title-40/section-165.23#p-165.23(a) https://www.ecfr.gov/current/title-40/section-165.23#p-165.23(e) https://www.ecfr.gov/current/title-49/section-171.8 https://www.ecfr.gov/current/title-49/section-173.4 https://www.ecfr.gov/current/title-49/section-173.5 https://www.ecfr.gov/current/title-49/section-173.6 https://www.ecfr.gov/current/title-49/section-173.24 https://www.ecfr.gov/current/title-49/section-173.24a https://www.ecfr.gov/current/title-49/section-173.24b https://www.ecfr.gov/current/title-49/section-173.28 https://www.ecfr.gov/current/title-49/section-173.155 https://www.ecfr.gov/current/title-49/section-173.203 https://www.ecfr.gov/current/title-49/section-173.213 https://www.ecfr.gov/current/title-49/section-173.240#p-173.240(c) https://www.ecfr.gov/current/title-49/section-173.240#p-173.240(d) https://www.ecfr.gov/current/title-49/section-173.241#p-173.241(c) https://www.ecfr.gov/current/title-49/section-173.241#p-173.241(d) https://www.ecfr.gov/current/title-49/part-107/subpart-B https://www.ecfr.gov/current/title-49/section-171.8 https://www.ecfr.gov/current/title-49/part-171 https://www.ecfr.gov/current/title-49/part-107/subpart-B 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 7/36 (2) For the purposes of these regulations, a pesticide product that meets the de�nition of a hazardous material in 49 CFR 171.8 must be packaged in a nonre�llable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR parts 171-180 or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. The requirements in this paragraph apply to the pesticide product as it is packaged for transportation in commerce. (c) What will EPA do if DOT proposes to change any of the cross-referenced regulations? If the DOT proposes to change any of the regulations that are incorporated in paragraphs (a) and (b) of this section, EPA will provide notice of the proposed changes and an opportunity to comment in the FEDERAL REGISTER. Following notice and comment, EPA will take �nal action regarding whether or not to revise its rules, and the extent to which any such revision will correspond with revised DOT regulations. (d) What standards for closures do my nonre�llable containers have to meet? If your nonre�llable container is a rigid container with a capacity equal to or greater than 3.0 liters (0.79 gallons), if the container is not an aerosol container or a pressurized container, and if the container is used to distribute or sell a liquid agricultural pesticide, each nonre�llable container must have at least one of the following standard closures: (1) Bung, 2 inch pipe size (2.375 inches in diameter), external threading, 11.5 threads per inch, National Pipe Straight (NPS) standard. (2) Bung, 2 inch pipe size (2.375 inches in diameter), external threading, 5 threads per inch, buttress threads. (3) Screw cap, 63 millimeters, at least one thread revolution at 6 threads per inch. (4) Screw cap, 38 millimeters, at least one thread revolution at 6 threads per inch. The cap may �t on a separate rigid spout or on a �exible pull-out plastic spout. (e) What standards for dispensing do my nonre�llable containers have to meet? If your nonre�llable container has a capacity of 5 gallons (18.9 liters) or less, if the container is not an aerosol container, a pressurized container, or a spray bottle, and if the container holds a liquid pesticide, your nonre�llable container must do both of the following: (1) Allow the contents of the nonre�llable container to pour in a continuous, coherent stream. (2) Allow the contents of the nonre�llable container to be poured with a minimum amount of dripping down the outside of the container. (f) What standards for residue removal do my nonre�llable containers have to meet? Each nonre�llable container and pesticide formulation combination must meet the applicable residue removal standard of this section. (1) If the nonre�llable container is rigid and has a capacity less than or equal to 5 gallons (18.9 liters) for liquid formulations or 50 pounds (22.7 kilograms) for solid formulations and if the pesticide product's labeling allows or requires the pesticide product to be mixed with a liquid diluent prior to application (that is, if the pesticide is dilutable), each container/formulation combination must be capable of attaining at least 99.99 percent removal of each active ingredient when tested using the EPA test procedure “Rinsing Procedures for Dilutable Pesticide Products in Rigid Containers.” (2) The test must be conducted only if the pesticide product is a suspension concentrate or if EPA speci�cally requests the records on a case by case basis. https://www.ecfr.gov/current/title-49/section-171.8 https://www.ecfr.gov/current/title-49/part-171 https://www.ecfr.gov/current/title-49/part-107/subpart-B https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(a) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(b) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 8/36 RR = rinsate ratio = Active ingredient concentration in fourth rinsate/Original concentration of active ingredient in the product (3) For the rigid container/dilutable product standard in paragraph (f)(1) of this section, percent removal represents the percent of the original concentration of the active ingredient in the pesticide product when compared to the concentration of that active ingredient in the fourth rinse. Percent removal is calculated by the formula: percent removal = [1.0 - RR] x 100.0, where (g) Can I obtain a waiver from or a modi�cation to any of the nonre�llable container standards? Yes, it is possible for you to obtain a waiver from or a modi�cation to the nonre�llable container standards, as follows: (1) EPA may waive or modify the requirements of paragraph (a) of this section regarding the DOT standards for pesticide products that are not DOT hazardous materials if EPA determines that an alternative (partial or modi�ed) set of standards or pre existing requirements achieves a level of safety that is at least equal to that speci�ed in the requirements of paragraph (a) of this section. (2) EPA may waive or modify the requirements of paragraph (b) of this section regarding the DOT standards for pesticide products that are DOT hazardous materials if EPA determines that an alternative (partial or modi�ed) set of standards or pre-existing requirements achieves a level of safety that is at least equal to that speci�ed in the requirements of paragraph (b) of this section. EPA will modify or waive the requirements of paragraph (b) of this section only after consulting with DOT to ensure consistency with DOT regulations and exemptions. (3) EPA may approve a non-standard closure (that is, a closure not listed in paragraph (d) of this section) if EPA determines that both of the following conditions are satis�ed: (i) The non-standard closure is necessary for the proper mixing, loading, or application of the pesticide product. (ii) The non-standard closure offers exposure protection to handlers during mixing and loading that is the same or greater than that provided by the standard closures. (4) EPA may waive or modify the container dispensing capability standards in paragraph (e) of this section if EPA determines that at least one of the following conditions is satis�ed: (i) The product is typically removed from the container by a method other than pouring. (ii) Compliance with the container dispensing capability standards would increase exposure to the pesticide container handler. (5) EPA may waive or modify the requirements of paragraph (f) of this section regarding the residue removal standard if EPA determines that both of the following conditions are satis�ed: (i) The residue remaining in the container would not cause an unreasonable adverse effect on the environment; and https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(f)(1) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(a) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(a) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(b) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(b) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(b) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(d) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(e) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(f) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 9/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008] § 165.27 Reporting and recordkeeping. (ii) The product offers signi�cant bene�ts and cannot be economically reformulated or repackaged. (h) How do I obtain a waiver from or a modi�cation to any of the nonre�llable container standards? To obtain a waiver from or a modi�cation to any of the nonre�llable container standards, you must submit a written request for a waiver or a modi�cation to the EPA to the following address: O�ce of Pesticide Programs (7504P); U.S. Environmental Protection Agency; Ariel Rios Building; 1200 Pennsylvania Avenue, N.W., Washington, DC 20460. You cannot distribute or sell the pesticide product in a nonre�llable container that does not comply with all of the nonre�llable container standards unless and until EPA approves the request for the waiver or modi�cation in writing. You must include two copies of the following information (which may be part of an application for registration or amended registration) with your written request: (1) The name and address of the registrant; the date; and the name, title, signature, and phone number of the company o�cial making the request. (2) The name and EPA registration number of the pesticide product for which the waiver or modi�cation is requested. (3) A statement specifying the requirement or requirements from which you are requesting a waiver or a modi�cation. (4) A description of the nonre�llable container or containers for which the waiver or modi�cation is requested. (5) Documentation or justi�cation to demonstrate that the applicable waiver or modi�cation criteria in paragraph (g) of this section are satis�ed. (a) What information must I report about my nonre�llable containers? You are not required to report to EPA with information about your nonre�llable containers under the regulations in this subpart. You should refer to the reporting standards in part 159 of this chapter to determine if information on container failures or other incidents involving pesticide containers must be reported to EPA under FIFRA section 6(a)(2) (7 U.S.C. 136d(a)(2)). (b) What recordkeeping do I have to do for my nonre�llable containers? For each pesticide product that is subject to §§ 165.25 through 165.27 and is distributed or sold in nonre�llable containers, you must maintain the records listed in this section for as long as a nonre�llable container is used to distribute or sell the pesticide product and for 3 years after that. You must furnish these records for inspection and copying upon request by an employee of EPA or any entity designated by EPA, such as a State, another political subdivision or a Tribe. You must keep the following records: (1) The name and EPA registration number of the pesticide product. (2) A description of the nonre�llable container(s) in which the pesticide product is distributed or sold. (3) At least one of the following records to document compliance with the requirement for closures in § 165.25(d) for each nonre�llable container used to distribute or sell the pesticide product that must comply with § 165.25(d): (i) A letter or document from the container supplier that describes the closure. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64225 https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(g) https://www.ecfr.gov/current/title-40/part-159 https://www.govinfo.gov/link/uscode/7/136d https://www.ecfr.gov/current/title-40/section-165.25 https://www.ecfr.gov/current/title-40/section-165.27 https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(d) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(d) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 10/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008] §§ 165.28-165.39 [Reserved] Subpart C - Re�illable Container Standards: Container Design § 165.40 General provisions. (ii) A speci�cation about the closure in the contract between the registrant or applicant and the container supplier. (iii) A copy of EPA's approval of any non-standard closure. (4) At least one of the following records pertaining to the container dispensing capability requirements in § 165.25(e) for each nonre�llable container used to distribute or sell the pesticide product that must comply with § 165.25(e): (i) Test data or documentation demonstrating that the nonre�llable container meets the standards in § 165.25(e) when it contains the pesticide product. (ii) Test data or documentation demonstrating that a different nonre�llable container meets the standards in § 165.25(e) when it contains the pesticide product or even a different pesticide product and a written explanation of why such data or documentation demonstrates that the container meets the standards in § 165.25(e) for the pesticide product. (iii) A copy of EPA's approval of a request for a waiver from the container dispensing requirement. (5) At least one of the following records pertaining to the nonre�llable container residue removal requirement in § 165.25(f) if the pesticide product is a suspension concentrate or if EPA speci�cally requests the records on a case-by-case basis: (i) Test data showing that the nonre�llable container and pesticide formulation meet the standard in § 165.25(f) . (ii) Test data showing that a different nonre�llable container with the same or a different pesticide formulation meets the standard in § 165.25(f), together with a written explanation of why such data demonstrate that the nonre�llable container and pesticide formulation meet the standard in § 165.25(f). (iii) A copy of EPA's approval of a request for a waiver from the residue removal standard requirement. (a) What is the purpose of the regulations in this subpart? The regulations in this subpart establish design and construction requirements for re�llable containers used for the distribution or sale of some pesticide products. (b) Do I have to comply with the regulations in this subpart? (1) You must comply with all of the regulations in this subpart if you are a registrant who distributes or sells a pesticide product in re�llable containers. If your pesticide product is subject to the regulations in this subpart as set out in § 165.43, your pesticide product must be distributed or sold in a re�llable container that meets the standards of these regulations. This includes your pesticide products that are repackaged according to subpart D of this part. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64225 https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(e) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(e) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(e) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(e) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(e) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(f) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(f) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(f) https://www.ecfr.gov/current/title-40/section-165.25#p-165.25(f) https://www.ecfr.gov/current/title-40/section-165.43 https://www.ecfr.gov/current/title-40/part-165/subpart-D 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 11/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64226, Oct. 29, 2008] § 165.43 Scope of pesticide products included. (2) You must comply with the regulations in § 165.45(f) for stationary pesticide containers if you are a re�ller of a pesticide product and you are not the registrant of the pesticide product. If the pesticide product is subject to the regulations in this subpart as set out in § 165.43, the stationary pesticide containers used to distribute or sell the product must meet the standards of § 165.45(f). (3) If you are a re�ller of a pesticide product and you are not a registrant of the pesticide product, § 165.45(a)(2) provides an exemption from some of the requirements in § 165.45(a)(1) . (c) When do I have to comply? Any pesticide product packaged in a re�llable container and released for shipment by you after August 16, 2011 must be packaged in a re�llable container that complies with the regulations of this subpart. (a) Are manufacturing use products subject to the regulations in this subpart? No, the regulations in this subpart do not apply to manufacturing use products, as de�ned in § 158.153(h) of this chapter. (b) Are plant-incorporated protectants subject to the regulations in this subpart? No, the regulations in this subpart do not apply to plant-incorporated protectants, as de�ned in § 174.3 of this chapter. (c) Which antimicrobial pesticide products are not subject to the regulations in this subpart? The regulations in this subpart do not apply to a pesticide product if it satis�es all of the following conditions: (1) The pesticide product meets one of the following two criteria: (i) The pesticide product is an antimicrobial pesticide as de�ned in FIFRA section 2(mm); or (ii) The pesticide product: (A) Is intended to: disinfect, sanitize, reduce or mitigate growth or development of microbiological organisms; or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and (B) In the intended use is subject to a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act or a food additive regulation under section 409 of such Act. (2) The labeling of the pesticide product includes directions for use on a site in at least one of the following antimicrobial product use categories: food handling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools. (3) The pesticide product is not a hazardous waste as set out in part 261 of this chapter when the pesticide product is intended to be disposed. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64226 https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(f) https://www.ecfr.gov/current/title-40/section-165.43 https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(f) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(a)(2) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(a)(1) https://www.ecfr.gov/current/title-40/section-158.153#p-158.153(h) https://www.ecfr.gov/current/title-40/section-174.3 https://www.ecfr.gov/current/title-40/part-261 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 12/36 (4) EPA has not speci�cally determined that the pesticide product must be subject to the regulations in this subpart to prevent an unreasonable adverse effect on the environment according to the provisions of paragraph (e) of this section. (d) Which requirements must an antimicrobial swimming pool product comply with if it is not exempt from these regulations? An antimicrobial swimming pool product that is not exempt by paragraph (a), (b), or (c) of this section must comply with all of the regulations in this subpart except § 165.45(d) regarding marking and § 165.45(e) regarding openings. For the purposes of this subpart, an antimicrobial swimming pool product is a pesticide product that satis�es both of the following conditions: (1) The pesticide product is intended to: disinfect, sanitize, reduce or mitigate growth or development of microbiological organisms; or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime. (2) The labeling of the pesticide product includes directions for use on only a site or sites in the antimicrobial product use category of swimming pools. (e) How will EPA determine if an antimicrobial pesticide product otherwise exempted must be subject to the regulations in this subpart to prevent an unreasonable adverse effect on the environment? (1) EPA may determine that an antimicrobial pesticide product otherwise exempted by paragraph (c) of this section must be subject to the re�llable container regulations in this subpart to prevent an unreasonable adverse effect on the environment if all of the following conditions exist: (i) EPA obtains information, data or other evidence of a problem with the containers of a certain pesticide product or related group of products. (ii) The information, data or other evidence is reliable and factual. (iii) The problem causes or could reasonably be expected to cause an unreasonable adverse effect on the environment. (iv) Complying with the container regulations could reasonably be expected to eliminate the problem. (2) If EPA determines that an antimicrobial pesticide product otherwise exempted by paragraph (c) of this section must be subject to the re�llable container regulations in this subpart to prevent an unreasonable adverse effect on the environment, EPA may require, by rule, that the product be distributed or sold in re�llable containers that comply with all or some of the requirements in this subpart. Alternatively, EPA may notify the applicant or registrant of its intent to make such a determination. After allowing the applicant or registrant a reasonable amount of time to reply, EPA may require, by noti�cation and as a condition of registration, that the product be distributed or sold in re�llable containers that comply with all or some of the requirements in this subpart. For the purpose of the previous sentence, 60 days would be a reasonable amount of time to reply, although EPA may, in its discretion, provide more time. EPA may deny registration or initiate cancellation proceedings if the registrant fails to comply with the re�llable container regulations within the time frames established by EPA in the rule or in its noti�cation. (f) What other pesticide products are subject to the regulations in this subpart? The regulations in this subpart apply to all pesticide products other than manufacturing use products, plant-incorporated protectants, and antimicrobial products that are exempt by https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(e) https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(a) https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(b) https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(c) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(d) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(e) https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(c) https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(c) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 13/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64226, Oct. 29, 2008] § 165.45 Re�illable container standards. paragraph (c) of this section. Antimicrobial products covered under paragraph (d) of this section are subject to the regulations indicated in paragraph (d) of this section. (g) What does “pesticide product” or “pesticide” mean in the rest of this subpart? In § 165.43(h) through § 165.47, the term “pesticide product” or “pesticide” refers only to a pesticide product or a pesticide that is subject to the regulations in this subpart as described in paragraphs (a) through (f) of this section. (h) Are there any other exceptions? (1) The regulations in this subpart do not apply to transport vehicles that contain pesticide in pesticide-holding tanks that are an integral part of the transport vehicle and that are the primary containment for the pesticide. (2) The regulations in this subpart do not apply to containers that hold pesticides that are gaseous at atmospheric temperature and pressure. (a) What Department of Transportation (DOT) standards do my re�llable containers have to meet under this part if my pesticide product is not a DOT hazardous material? (1) A pesticide product that does not meet the de�nition of a hazardous material in 49 CFR 171.8 must be packaged in a re�llable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR 173.4, 173.5, 173.6, 173.24, 173.24a, 173.24b, 173.28, 173.155, 173.203, 173.213, 173.240(c), 173.240(d), 173.241(c), 173.241(d), part 178, and part 180 that are applicable to a Packing Group III material, or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. The requirements in this paragraph apply to the pesticide product as it is packaged for transportation in commerce. (2) A re�ller is not required to comply with 49 CFR 173.28(b)(2) for pesticide products that are not DOT hazardous materials if the re�llable container to be reused complies with the re�llable container regulations in this subpart and the re�lling is done in compliance with the repackaging regulations in subpart D of this part. (b) What DOT standards do my re�llable containers have to meet under this part if my pesticide product is a DOT hazardous material? (1) If your pesticide product meets the de�nition of a hazardous material in 49 CFR 171.8, the DOT requires your pesticide product to be packaged according to 49 CFR parts 171-180 or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. (2) For the purposes of these regulations, a pesticide product that meets the de�nition of a hazardous material in 49 CFR 171.8 must be packaged in a re�llable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR parts 171-180 or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. The requirements in this paragraph apply to the pesticide product as it is packaged for transportation in commerce. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64226 https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(c) https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(d) https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(d) https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(h) https://www.ecfr.gov/current/title-40/section-165.47 https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(a) https://www.ecfr.gov/current/title-40/section-165.43#p-165.43(f) https://www.ecfr.gov/current/title-49/section-171.8 https://www.ecfr.gov/current/title-49/section-173.4 https://www.ecfr.gov/current/title-49/section-173.5 https://www.ecfr.gov/current/title-49/section-173.6 https://www.ecfr.gov/current/title-49/section-173.24 https://www.ecfr.gov/current/title-49/section-173.24a https://www.ecfr.gov/current/title-49/section-173.24b https://www.ecfr.gov/current/title-49/section-173.28 https://www.ecfr.gov/current/title-49/section-173.155 https://www.ecfr.gov/current/title-49/section-173.203 https://www.ecfr.gov/current/title-49/section-173.213 https://www.ecfr.gov/current/title-49/section-173.240#p-173.240(c) https://www.ecfr.gov/current/title-49/section-173.240#p-173.240(d) https://www.ecfr.gov/current/title-49/section-173.241#p-173.241(c) https://www.ecfr.gov/current/title-49/section-173.241#p-173.241(d) https://www.ecfr.gov/current/title-49/part-107/subpart-B https://www.ecfr.gov/current/title-49/section-173.28#p-173.28(b)(2) https://www.ecfr.gov/current/title-40/part-165/subpart-D https://www.ecfr.gov/current/title-49/section-171.8 https://www.ecfr.gov/current/title-49/part-171 https://www.ecfr.gov/current/title-49/part-107/subpart-B https://www.ecfr.gov/current/title-49/section-171.8 https://www.ecfr.gov/current/title-49/part-171 https://www.ecfr.gov/current/title-49/part-107/subpart-B 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 14/36 (c) What will EPA do if DOT proposes to change any of the cross-referenced regulations? If the DOT proposes to change any of the regulations that are incorporated in paragraphs (a) and (b) of this section, EPA will provide notice of the proposed changes and an opportunity to comment in the FEDERAL REGISTER. Following notice and comment, EPA will take �nal action regarding whether or not to revise its rules, and the extent to which any such revision will correspond with revised DOT regulations. (d) What standards for marking do my re�llable containers have to meet? Each re�llable container must be marked in a durable and clearly visible manner with a serial number or other identifying code that will distinguish the individual container from all other containers. Durable marking includes, but is not limited to, etching, embossing, ink jetting, stamping, heat stamping, mechanically attaching a plate, molding, and marking with durable ink. The serial number or other identifying code must be located on the outside part of the container except on a closure. Placement on the label or labeling is not su�cient unless the label is an integral, permanent part of or permanently stamped on the container. (e) What standards for openings do my re�llable containers have to meet? If your re�llable container is a portable pesticide container that is designed to hold liquid pesticide formulations and is not a cylinder that complies with the DOT Hazardous Materials Regulations in 49 CFR parts 171-180, each opening of the container other than a vent must have a one-way valve, a tamper-evident device or both. A one-way valve may be located in a device or system separate from the container if the device or system is the only reasonably foreseeable way to withdraw pesticide from the container. A vent must be designed to minimize the amount of material that could be introduced into the container through it. (f) What standards do my stationary pesticide containers have to meet? If a stationary pesticide container designed to hold undivided quantities of pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide is located at the re�lling establishment of a re�ller operating under written contract to you, the stationary pesticide container must meet the following standards: (1) Except during a civil emergency or any unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight, each stationary pesticide container (for liquid and dry pesticides) and its appurtenances must meet both of the following standards: (i) Each stationary pesticide container and its appurtenances must be resistant to extreme changes in temperature and constructed of materials that are adequately thick to not fail and that are resistant to corrosion, puncture, or cracking. (ii) Each stationary pesticide container must be capable of withstanding all operating stresses, taking into account static heat, pressure buildup from pumps and compressors, and any other foreseeable mechanical stresses to which the container may be subjected in the course of operations. (2) Each stationary container of liquid pesticides must meet all of the following standards: (i) Each stationary container of liquid pesticides must be equipped with a vent or other device designed to relieve excess pressure, prevent losses by evaporation, and exclude precipitation. https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(a) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(b) https://www.ecfr.gov/current/title-49/part-171 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 15/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64226, Oct. 29, 2008] § 165.47 What information must I report about my re�illable containers? (ii) External sight gauges, which are pesticide-containing hoses or tubes that run vertically along the exterior of the container from the top to the bottom, are prohibited on stationary containers of liquid pesticides. (iii) Each connection on a stationary container of liquid pesticides that is below the normal liquid level must be equipped with a shutoff valve which is capable of being locked closed. A shutoff valve must be located within a secondary containment unit if one is required by subpart E of this part. (g) Can I obtain a waiver from or a modi�cation to any of the re�llable container standards? Yes, it is possible for you to obtain a waiver from or a modi�cation to some of the re�llable container standards, as follows: (1) EPA may waive or modify the requirements of paragraph (a) of this section regarding the DOT standards for pesticide products that are not DOT hazardous materials if EPA determines that an alternative (partial or modi�ed) set of standards or pre existing requirements achieves a level of safety that is at least equal to that speci�ed in the requirements of paragraph (a) of this section. (2) EPA may waive or modify the requirements of paragraph (b) of this section regarding the DOT standards for pesticide products that are DOT hazardous materials if EPA determines that an alternative (partial or modi�ed) set of standards or pre-existing requirements achieves a level of safety that is at least equal to that speci�ed in the requirements of paragraph (b) of this section. EPA will modify or waive the requirements of paragraph (b) of this section only after consulting with DOT to ensure consistency with DOT regulations and exemptions. (h) How do I obtain a waiver from or a modi�cation to any of the re�llable container standards? To obtain a waiver from or a modi�cation to any of the re�llable container standards, you must submit a written request for a waiver or a modi�cation to the EPA to the following address: O�ce of Pesticide Programs (7504P); U.S. Environmental Protection Agency; Ariel Rios Building; 1200 Pennsylvania Avenue, N.W., Washington, DC 20460. You cannot distribute or sell the pesticide product in a re�llable container that does not comply with all of the re�llable container standards unless and until EPA approves the request for the waiver or modi�cation in writing. You must include two copies of the following information (which may be part of an application for registration or amended registration) with your written request: (1) The name and address of the registrant; the date; and the name, title, signature, and phone number of the company o�cial making the request. (2) The name and EPA registration number of the pesticide product for which the waiver or modi�cation is requested. (3) A statement specifying the requirement or requirements from which you are requesting a waiver or a modi�cation. (4) A description of the re�llable container or containers for which the waiver or modi�cation is requested. (5) Documentation or justi�cation to demonstrate that the applicable waiver or modi�cation criteria in paragraph (g) of this section are satis�ed. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64226 https://www.ecfr.gov/current/title-40/part-165/subpart-E https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(a) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(a) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(b) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(b) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(b) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(g) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 16/36 You are not required to report to EPA with information about your re�llable containers under the regulations in this subpart. You should refer to the reporting standards in part 159 of this chapter to determine if information on container failures or other incidents involving pesticide containers must be reported to EPA under FIFRA section 6(a)(2) (7 U.S.C. 136d(a)(2)). §§ 165.48-165.59 [Reserved] Subpart D - Standards for Repackaging Pesticide Products into Re�illable Containers § 165.60 General provisions. [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] § 165.63 Scope of pesticide products included. (a) What is the purpose of the regulations in this subpart? The regulations in this subpart establish requirements for repackaging some pesticide products into re�llable containers for distribution or sale. (b) Do I have to comply with the regulations in this subpart? You must comply with the regulations in this subpart if you are a registrant who distributes or sells a pesticide product in re�llable containers, if you are a registrant who distributes or sells pesticide products to a re�ller (that is not part of your company) for repackaging into re�llable containers, or if you are a re�ller of a pesticide product and you are not the registrant of the pesticide product. Each pesticide product that is subject to the regulations in this subpart as set out in § 165.63 and that is distributed or sold in a re�llable container must be distributed or sold in compliance with the standards of these regulations. (c) When do I have to comply? Any pesticide product repackaged into a re�llable container and released for shipment by you after August 16, 2011 must be repackaged in compliance with the regulations of this subpart. (a) Are manufacturing use products subject to the regulations in this subpart? No, the regulations in this subpart do not apply to manufacturing use products, as de�ned in § 158.153(h) of this chapter. (b) Are plant-incorporated protectants subject to the regulations in this subpart? No, the regulations in this subpart do not apply to plant-incorporated protectants, as de�ned in § 174.3 of this chapter. (c) Which antimicrobial pesticide products are not subject to the regulations in this subpart? The regulations in this subpart do not apply to a pesticide product if it satis�es all of the following conditions: (1) The pesticide product meets one of the following two criteria: (i) The pesticide product is an antimicrobial pesticide as de�ned in FIFRA section 2(mm); or (ii) The pesticide product: https://www.ecfr.gov/current/title-40/part-159 https://www.govinfo.gov/link/uscode/7/136d https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64227 https://www.ecfr.gov/current/title-40/section-165.63 https://www.ecfr.gov/current/title-40/section-158.153#p-158.153(h) https://www.ecfr.gov/current/title-40/section-174.3 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 17/36 Recordkeeping speci�c to each instance of repackaging § 165.65(i)(2) § 165.70(j)(2) Container inspection: criteria regarding a serial number or other identifying code § 165.65(e)(2) § 165.70(f)(2) Container inspection: criteria regarding one-way valve or tamper-evident device § 165.65(e)(3) § 165.70(f)(3) (A) Is intended to: disinfect, sanitize, reduce or mitigate growth or development of microbiological organisms; or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and (B) In the intended use is subject to a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act or a food additive regulation under section 409 of such Act. (2) The labeling of the pesticide product includes directions for use on a site in at least one of the following antimicrobial product use categories: food handling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools. (3) The pesticide product is not a hazardous waste as set out in part 261 of this chapter when the pesticide product is intended to be disposed. (4) EPA has not speci�cally determined that the pesticide product must be subject to the regulations in this subpart to prevent an unreasonable adverse effect on the environment according to the provisions of paragraph (e) of this section. (d) Which requirements must an antimicrobial swimming pool product comply with if it is not exempt from these regulations? (1) An antimicrobial swimming pool product that is not exempt by paragraph (a), (b), or (c) of this section must comply with all of the regulations in this subpart except for the following requirements: Requirement Requirement for registrants who distribute or sell directly in re�llable containers Requirement for re�llers who are not registrants https://www.ecfr.gov/current/title-40/part-261 https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(e) https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(a) https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(b) https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(c) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 18/36 Cleaning requirement: criteria regarding one-way valve or tamper-evident device § 165.65(f)(1) § 165.70(g)(1) Cleaning if the one-way valve or tamper-evident device is not intact § 165.65(g) § 165.70(h) (2) For the purposes of this subpart, an antimicrobial swimming pool product is a pesticide product that satis�es both of the following conditions: (i) The pesticide product is intended to: disinfect, sanitize, reduce or mitigate growth or development of microbiological organisms; or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime. (ii) The labeling of the pesticide product includes directions for use on only a site or sites in the antimicrobial product use category of swimming pools. (e) How will EPA determine if an antimicrobial pesticide product otherwise exempted must be subject to the regulations in this subpart to prevent an unreasonable adverse effect on the environment? (1) EPA may determine that an antimicrobial pesticide product otherwise exempted by paragraph (c) of this section must be subject to the repackaging regulations in this subpart to prevent an unreasonable adverse effect on the environment if all of the following conditions exist: (i) EPA obtains information, data or other evidence of a problem with the containers of a certain pesticide product or related group of products. (ii) The information, data or other evidence is reliable and factual. (iii) The problem causes or could reasonably be expected to cause an unreasonable adverse effect on the environment. (iv) Complying with the container regulations could reasonably be expected to eliminate the problem. (2) If EPA determines that an antimicrobial pesticide product otherwise exempted by paragraph (c) of this section must be subject to the repackaging regulations in this subpart to prevent an unreasonable adverse effect on the environment, EPA may require, by rule, that the product be repackaged in compliance with all or some of the requirements in this subpart. Alternatively, EPA may notify the applicant or registrant of its intent to make such a determination. After allowing the applicant or registrant a reasonable amount of time to reply, EPA may require, by noti�cation and as a Requirement Requirement for registrants who distribute or sell directly in re�llable containers Requirement for re�llers who are not registrants https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(c) https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(c) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 19/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] § 165.65 Registrants who distribute or sell pesticide products in re�illable containers. condition of registration, that the product be repackaged in compliance with all or some of the requirements in this subpart. For the purpose of the previous sentence, 60 days would be a reasonable amount of time to reply, although EPA may, in its discretion, provide more time. EPA may deny registration or initiate cancellation proceedings if the registrant fails to comply with the repackaging regulations within the time frames established by EPA in the rule or in its noti�cation. (f) What other pesticide products are subject to the regulations in this subpart? The regulations in this subpart apply to all pesticide products other than manufacturing use products, plant-incorporated protectants, and antimicrobial products that are exempt paragraph (c) of this section. Antimicrobial products covered under paragraph (d) of this section are subject to the regulations indicated in that section. (g) What does “pesticide product” or “pesticide” mean in the rest of this subpart? In §§ 165.63(h) through 165.70, the term “pesticide product” or “pesticide” refers only to a pesticide product or a pesticide that is subject to the regulations in this subpart as described in paragraphs (a) through (f) of this section. (h) Are there any other exceptions? (1) The regulations in this subpart do not apply to transport vehicles that contain pesticide in pesticide-holding tanks that are an integral part of the transport vehicle and that are the primary containment for the pesticide. (2) Custom blending is not subject to the regulations in this subpart. (3) The regulations in this subpart do not apply to containers that hold pesticides that are gaseous at atmospheric temperature and pressure. (a) Must I comply with the standards in this section? You must comply with the standards in this section if you are a registrant who distributes or sells pesticide products in re�llable containers. This means that you conduct all of the repackaging for a pesticide product and that you do not distribute or sell the pesticide product to a re�ller that is not part of your company for repackaging into re�llable containers. If you are a registrant that repackages a product directly into re�llable containers for sale or distribution and you also sell or distribute other quantities of that product to an independent re�ller for repackaging, then you must meet the requirements in this section for those quantities you distribute or sell directly and the requirements in § 165.67 for those quantities that you distribute or sell to an independent re�ller. (b) Am I responsible for product integrity? Yes, you are responsible for the pesticide product that you distribute or sell in re�llable containers not being adulterated or different from the composition described in its con�dential statement of formula that is required under FIFRA section 3. (c) What information must I develop? For each pesticide product distributed or sold in re�llable containers, you must develop both of the following documents in writing. (1) You must develop a re�lling residue removal procedure that describes how to remove pesticide residue from a re�llable container (portable or stationary pesticide container) before it is re�lled. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64227 https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(c) https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(d) https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(h) https://www.ecfr.gov/current/title-40/section-165.70 https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(a) https://www.ecfr.gov/current/title-40/section-165.63#p-165.63(f) https://www.ecfr.gov/current/title-40/section-165.67 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 20/36 (i) The re�lling residue removal procedure must be adequate to ensure that the composition of the pesticide product does not differ at the time of its distribution or sale from the composition described in its con�dential statement of formula that is required under FIFRA section 3. (ii) If the re�lling residue removal procedure requires the use of a solvent other than the diluent used for applying the pesticide as speci�ed on the labeling under “Directions for Use,” or if there is no diluent used for application, the re�lling residue removal procedure must describe how to manage any rinsate resulting from the procedure in accordance with applicable Federal and State regulations. (2) You must develop a description of acceptable re�llable containers (portable or stationary pesticide containers) that can be used for distributing or selling that pesticide product. (i) An acceptable container is one that you have determined meets the standards in subpart C of this part and is compatible with the pesticide formulation intended to be distributed and sold using the re�llable container. (ii) You must identify the containers by specifying the container materials of construction that are compatible with the pesticide formulation and specifying information necessary to con�rm compliance with the re�llable container requirements in subpart C of this part. (d) What requirements must my individual establishments follow regarding repackaging a pesticide product into re�llable containers? A re�ller at your individual establishment that repackages a pesticide product into re�llable containers for distribution or sale must comply with all of the following provisions. (1) The establishment must be registered with EPA as a producing establishment as required by § 167.20 of this chapter. (2) The re�ller must not change the pesticide formulation unless the re�ller has a registration for the new formulation. (3) The re�ller must repackage a pesticide product only into a re�llable container that is identi�ed on your description of acceptable containers for that pesticide product. (4) The re�ller may repackage any quantity of a pesticide product into a re�llable container up to the rated capacity of the container. In addition, there are no general limits on the size of the re�llable containers that the re�ller can use. (5) The re�ller must have all of the following items at the establishment before repackaging a pesticide product into any re�llable container for distribution or sale: (i) The pesticide product's label and labeling. (ii) The written re�lling residue removal procedure for the pesticide product. (iii) The written description of acceptable containers for the pesticide product. (6) Before repackaging a pesticide product into any re�llable container for distribution or sale, the re�ller must identify the pesticide product previously contained in the re�llable container to determine whether a residue removal procedure must be conducted in accordance with paragraph (f) of this section. The re�ller may identify the previous pesticide product by referring to the label or labeling. https://www.ecfr.gov/current/title-40/part-165/subpart-C https://www.ecfr.gov/current/title-40/part-165/subpart-C https://www.ecfr.gov/current/title-40/section-167.20 https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(f) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 21/36 (7) The re�ller must inspect each re�llable container according to paragraph (e) of this section. (8) The re�ller must clean each re�llable container according to paragraph (f) or (g) of this section, if required by either paragraph. (9) The re�ller must ensure that each re�llable container is properly labeled according to paragraph (h) of this section. (10) The establishment must maintain records in accordance with paragraph (i) of this section. (11) The establishment must maintain records as required by part 169 of this chapter. (12) The establishment must report as required by part 167 of this chapter. (e) How must my individual establishments inspect re�llable containers? Before repackaging a pesticide product into any re�llable container, a re�ller at your establishment must visually inspect the exterior and (if possible) the interior of the container and the exterior of appurtenances. The purpose of the inspection is to determine whether the container meets the necessary criteria with respect to continued container integrity, required markings, and openings. If the condition in paragraph (e)(1) of this section exists, the container fails the inspection and must not be re�lled unless the container is repaired, reconditioned, or remanufactured in compliance with the relevant DOT requirement. If the condition in paragraph (e)(2) or (e)(3) of this section exists (or both), the container fails the inspection and must not be re�lled until the container meets the standards speci�ed in subpart C of this part. The conditions are: (1) The integrity of the container is compromised in at least one of the following ways: (i) The container shows signs of rupture or other damage which reduces its structural integrity. (ii) The container has visible pitting, signi�cant reduction in material thickness, metal fatigue, damaged threads or closures, or other signi�cant defects. (iii) The container has cracks, warpage, corrosion or any other damage which might render it unsafe for transportation. (iv) There is damage to the �ttings, valves, tamper-evident devices or other appurtenances that may cause failure of the container. (2) The container does not bear the markings required by § 165.45(a), (b) and (d), or such markings are not legible. (3) The container does not have an intact and functioning one-way valve or tamper evident device on each opening other than a vent, if required. (f) How must my individual establishments clean re�llable containers? A re�ller at your establishment must clean each re�llable container by conducting the pesticide product's re�lling residue removal procedure before repackaging the pesticide product into the re�llable container, unless the conditions in paragraph (f)(1) of this section and either paragraph (f)(2) or (f)(3) of this section are satis�ed: (1) If required, each tamper-evident device and one-way valve is intact. (2) The re�llable container is being re�lled with the same pesticide product. (3) Both of the following conditions are satis�ed: https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(e) https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(f) https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(g) https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(h) https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(i) https://www.ecfr.gov/current/title-40/part-169 https://www.ecfr.gov/current/title-40/part-167 https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(e)(1) https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(e)(2) https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(e)(3) https://www.ecfr.gov/current/title-40/part-165/subpart-C https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(a) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(b) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(d) https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(f)(1) https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(f)(2) https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(f)(3) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 22/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] (i) The container previously held a pesticide product with a single active ingredient and is being used to repackage a pesticide product with the same single active ingredient. (ii) There is no change that would cause the composition of the product being repackaged to differ from the composition described in its con�dential statement of formula that is required under FIFRA section 3. Examples of unallowable changes include the active ingredient concentration increasing or decreasing beyond the limits established by the con�dential statement of formula or a reaction or interaction between the pesticide product being repackaged and the residue remaining in the container. (g) How must my individual establishments clean a re�llable container that has a broken (non intact) tamper-evident device or one-way valve? As required in paragraph (f) of this section, a re�ller at your establishment must clean each re�llable container that has a tamper-evident device or one-way valve that is not intact by conducting the pesticide product's re�lling residue removal procedure before repackaging the pesticide product into the re�llable container. In addition, other procedures may be necessary to assure that product integrity is maintained in such cases. (h) How must my individual establishments label re�llable containers? Before distributing or selling a pesticide product in a re�llable container, a re�ller at your establishment must ensure that the label of the pesticide product is securely attached to the re�llable container such that the label can reasonably be expected to remain a�xed during the foreseeable conditions and period of use. The label and labeling must comply in all respects with the requirements of part 156 of this chapter. In particular, the re�ller at your establishment must ensure that the net contents statement and EPA establishment number appear on the label. (i) What recordkeeping must my individual establishments do? Each of your individual establishments that repackages a pesticide product into re�llable containers for distribution or sale must maintain all of the records listed in this section in addition to the applicable records identi�ed in parts 167 and 169 of this chapter. The establishment must furnish these records for inspection and copying upon request by an employee of EPA or any entity designated by EPA, such as a State, another political subdivision or a Tribe. (1) For each pesticide product distributed or sold in re�llable containers, both of the following records must be maintained for the current operating year and for 3 years after that: (i) The written re�lling residue removal procedure for the pesticide product. (ii) The written description of acceptable containers for the pesticide product. (2) Each time a re�ller at your establishment repackages a pesticide product into a re�llable container and distributes or sells the product, the following records must be generated and maintained for at least 3 years after the date of repackaging: (i) The EPA registration number of the pesticide product distributed or sold in the re�llable container. (ii) The date of the repackaging. (iii) The serial number or other identifying code of the re�llable container. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64227 https://www.ecfr.gov/current/title-40/section-165.65#p-165.65(f) https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/part-167 https://www.ecfr.gov/current/title-40/part-169 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 23/36 § 165.67 Registrants who distribute or sell pesticide products to re�illers for repackaging. (a) Must I comply with the standards in this section? You must comply with the standards in this section if you are a registrant who distributes or sells pesticide products to a re�ller that is not part of your company for repackaging into re�llable containers. (b) Under what conditions can I allow a re�ller to repackage my pesticide product into re�llable containers? You may allow a re�ller to repackage your pesticide product into re�llable containers and to distribute or sell such repackaged product under your existing registration if all of the following conditions are satis�ed: (1) The repackaging results in no change to the pesticide formulation. (2) One of the following conditions regarding a registered re�lling establishment is satis�ed: (i) The pesticide product is repackaged at a re�lling establishment registered with EPA as required by § 167.20 of this chapter. (ii) The pesticide product is repackaged by a re�lling establishment registered with EPA as required by § 167.20 of this chapter at the site of a user who intends to use or apply the product. (3) You have entered into a written contract with the re�ller to repackage the pesticide product and to use the label of your pesticide product. (4) The pesticide product is repackaged only into re�llable containers that meet the standards of subpart C of this part. (5) The pesticide product is labeled with the product's label with no changes except the addition of an appropriate net contents statement and the re�ller's EPA establishment number. (c) What violations are applicable to illegal repackaging? Repackaging a pesticide product for distribution or sale without either obtaining a registration or meeting all of the conditions in paragraph (b) of this section is a violation of section 12 of the Act. Both you and the re�ller that is repackaging your pesticide product under written contract with you may be liable for violations pertaining to the repackaged product. (d) When must I provide the written contract to the re�ller? If you allow a re�ller to repackage your product as speci�ed in paragraph (b) of this section you must provide the written contract referred to in paragraph (b)(3) of this section to the re�ller before you distribute or sell the pesticide product to the re�ller. (e) Am I responsible for product integrity? Yes, for a product that you distribute or sell to a re�ller that is not part of your company for repackaging into re�llable containers, you are responsible for the pesticide product not being adulterated or different from the composition described in its con�dential statement of formula that is required under FIFRA section 3. (f) What information must I develop? For each pesticide product distributed or sold in re�llable containers, you must develop both of the following documents in writing. (1) You must develop a re�lling residue removal procedure that describes how to remove pesticide residue from a re�llable container (portable or stationary pesticide container) before it is re�lled. https://www.ecfr.gov/current/title-40/section-167.20 https://www.ecfr.gov/current/title-40/section-167.20 https://www.ecfr.gov/current/title-40/part-165/subpart-C https://www.ecfr.gov/current/title-40/section-165.67#p-165.67(b) https://www.ecfr.gov/current/title-40/section-165.67#p-165.67(b) https://www.ecfr.gov/current/title-40/section-165.67#p-165.67(b)(3) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 24/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] § 165.70 Re�illers who are not registrants. (i) The re�lling residue removal procedure must be adequate to ensure that the composition of the pesticide product does not differ at the time of its distribution or sale from the composition described in its con�dential statement of formula that is required under FIFRA section 3. (ii) If the re�lling residue removal procedure requires the use of a solvent other than the diluent used for applying the pesticide as speci�ed on the labeling under “Directions for Use,” or if there is no diluent used for application, the re�lling residue removal procedure must describe how to manage any rinsate resulting from the procedure in accordance with applicable Federal and State regulations. (2) You must develop a description of acceptable re�llable containers (portable or stationary pesticide containers) that can be used for distributing or selling that pesticide product. (i) An acceptable container is one that you have determined meets the standards in subpart C of this part and is compatible with the pesticide formulation intended to be distributed and sold using the re�llable container. (ii) You must identify the containers by specifying the container materials of construction that are compatible with the pesticide formulation and specifying information necessary to con�rm compliance with the re�llable container requirements in subpart C of this part. (g) When must I provide the information to the re�ller? You must provide the re�ller with all of the following information and documentation before or at the time of distribution or sale of your pesticide product to the re�ller: (1) Your written re�lling residue removal procedure for the pesticide product. (2) Your written description of acceptable containers for the pesticide product. (3) The pesticide product's label and labeling. (h) What recordkeeping must I do? You must maintain all of the records listed in this section for the current operating year and for 3 years after that. You must furnish these records for inspection and copying upon request by an employee of EPA or any entity designated by EPA, such as a State, another political subdivision or a Tribe: (1) Each written contract entered into with a re�ller for repackaging your pesticide product into re�llable containers. (2) Your written re�lling residue removal procedure for the pesticide product. (3) Your written description of acceptable containers for the pesticide product. (a) Must I comply with the standards in this section? You must comply with the standards in this section if you are a re�ller of a pesticide product and you are not the registrant of the pesticide product. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64227 https://www.ecfr.gov/current/title-40/part-165/subpart-C https://www.ecfr.gov/current/title-40/part-165/subpart-C 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 25/36 (b) Under what conditions can I repackage a registrant's pesticide product into re�llable containers? A registrant may allow you to repackage the registrant's pesticide product into re�llable containers and to distribute or sell such repackaged product under the registrant's existing registration if all of the following conditions are satis�ed: (1) The repackaging results in no change to the pesticide formulation. (2) One of the following conditions regarding a registered re�lling establishment is satis�ed: (i) The pesticide product is repackaged at a re�lling establishment registered with EPA as required by § 167.20 of this chapter. (ii) The pesticide product is repackaged by a re�lling establishment registered with EPA as required by § 167.20 of this chapter at the site of a user who intends to use or apply the product. (3) The registrant has entered into a written contract with you to repackage the pesticide product and to use the label of the registrant's pesticide product. (4) The pesticide product is repackaged only into re�llable containers that meet the standards of subpart C of this part. (5) The pesticide product is labeled with the product's label with no changes except the addition of an appropriate net contents statement and the re�llers EPA establishment number. (c) What violations are applicable to illegal repackaging? Repackaging a pesticide product for distribution or sale without either obtaining a registration or meeting all of the conditions in paragraph (b) of this section is a violation of section 12 of the Act. Both you and the pesticide product's registrant may be liable for violations pertaining to the repackaged product. (d) Am I responsible for product integrity? Yes, you are responsible for the pesticide product that you distribute or sell in re�llable containers not being adulterated or different from the composition described in its con�dential statement of formula that is required under FIFRA section 3. (e) What requirements must I follow regarding repackaging a pesticide product into re�llable containers? You must comply with all of the following provisions. (1) Your establishment must be registered with EPA as a producing establishment as required by § 167.20 of this chapter. (2) You must not change the pesticide formulation unless you have a registration for the new formulation. (3) You must repackage a pesticide product only into a re�llable container that is identi�ed on the description of acceptable containers for that pesticide product provided by the registrant. (4) You may repackage any quantity of a pesticide product into a re�llable container up to the rated capacity of the container. In addition, there are no general limits on the size of the re�llable containers that you can use. (5) You must have all of the following items at your establishment before repackaging a pesticide product into any re�llable container for distribution or sale: https://www.ecfr.gov/current/title-40/section-167.20 https://www.ecfr.gov/current/title-40/section-167.20 https://www.ecfr.gov/current/title-40/part-165/subpart-C https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(b) https://www.ecfr.gov/current/title-40/section-167.20 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 26/36 (i) The written contract referred to in paragraph (b)(3) of this section from the pesticide product's registrant. (ii) The pesticide product's label and labeling. (iii) The registrant's written re�lling residue removal procedure for the pesticide product. (iv) The registrant's written description of acceptable containers for the pesticide product. (6) Before repackaging a pesticide product into any re�llable container for distribution or sale, you must identify the pesticide product previously contained in the re�llable container to determine whether a residue removal procedure must be conducted in accordance with paragraph (g) of this section. You may identify the previous pesticide product by referring to the label or labeling. (7) You must inspect each re�llable container according to paragraph (f) of this section. (8) You must clean each re�llable container according to paragraph (g) or (h) of this section, if required by either paragraph. (9) You must ensure that each re�llable container is properly labeled according to paragraph (i) of this section. (10) You must maintain records in accordance with paragraph (j) of this section. (11) You must maintain records as required by part 169 of this chapter. (12) You must report as required by part 167 of this chapter. (13) The stationary pesticide containers at your establishment must meet the standards in § 165.45(f). (14) You may be required to comply with the containment standards in subpart E of this part. (f) How must I inspect re�llable containers? Before repackaging a pesticide product into any re�llable container, you must visually inspect the exterior and (if possible) the interior of the container and the exterior of appurtenances. The purpose of the inspection is to determine whether the container meets the necessary criteria with respect to continued container integrity, required markings, and openings. If the condition in paragraph (f)(1) of this section exists, the container fails the inspection and must not be re�lled unless the container is repaired, reconditioned, or remanufactured in compliance with the relevant DOT requirement. If the condition in paragraph (f)(2) or (f)(3) of this section exists (or both), the container fails the inspection and must not be re�lled until the container meets the standards speci�ed in subpart C of this part. The conditions are: (1) The integrity of the container is compromised in at least one of the following ways: (i) The container shows signs of rupture or other damage which reduces its structural integrity. (ii) The container has visible pitting, signi�cant reduction in material thickness, metal fatigue, damaged threads or closures, or other signi�cant defects. (iii) The container has cracks, warpage, corrosion or any other damage which might render it unsafe for transportation. https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(b)(3) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(g) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(f) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(g) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(h) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(i) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(j) https://www.ecfr.gov/current/title-40/part-169 https://www.ecfr.gov/current/title-40/part-167 https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(f) https://www.ecfr.gov/current/title-40/part-165/subpart-E https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(f)(1) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(f)(2) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(f)(3) https://www.ecfr.gov/current/title-40/part-165/subpart-C 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 27/36 (iv) There is damage to the �ttings, valves, tamper-evident devices or other appurtenances that may cause failure of the container. (2) The container does not bear the markings required by § 165.45(a), (b) and (d), or such markings are not legible. (3) The container does not have an intact and functioning one-way valve or tamper evident device on each opening other than a vent, if required. (g) How must I clean re�llable containers? You must clean each re�llable container by conducting the pesticide product's re�lling residue removal procedure before repackaging the pesticide product into the re�llable container, unless the conditions in paragraph (g) (1) of this section and either paragraph (g)(2) or (g)(3) of this section are satis�ed: (1) If required, each tamper-evident device and one-way valve is intact. (2) The re�llable container is being re�lled with the same pesticide product. (3) Both of the following conditions are satis�ed. (i) The container previously held a pesticide product with a single active ingredient and is being used to repackage a pesticide product with the same single active ingredient. (ii) There is no change that would cause the composition of the product being repackaged to differ from the composition described in its con�dential statement of formula that is required under FIFRA section 3. Examples of unallowable changes include the active ingredient concentration increasing or decreasing beyond the limits established by the con�dential statement of formula or a reaction or interaction between the pesticide product being repackaged and the residue remaining in the container. (h) How must I clean a re�llable container that has a broken (non-intact) tamper-evident device or one-way valve? As required in paragraph (g) of this section, you must clean each re�llable container that has a tamper-evident device or one-way valve that is not intact by conducting the pesticide product's re�lling residue removal procedure before repackaging the pesticide product into the re�llable container. In addition, other procedures may be necessary to assure that product integrity is maintained in such cases. (i) How must I label re�llable containers? Before distributing or selling a pesticide product in a re�llable container, you must ensure that the label of the pesticide product is securely attached to the re�llable container such that the label can reasonably be expected to remain a�xed during the foreseeable conditions and period of use. The label and labeling must comply in all respects with the requirements of part 156 of this chapter. In particular, you must ensure that the net contents statement and EPA establishment number appear on the label. (j) What recordkeeping must I do? You must maintain all of the records listed in this section in addition to the applicable records identi�ed in parts 167 and 169 of this chapter. You must furnish these records for inspection and copying upon request by an employee of EPA or any entity designated by EPA, such as a State, another political subdivision or a Tribe. (1) For each pesticide product distributed or sold in re�llable containers, all of the following records must be maintained for the current operating year and for 3 years after that: https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(a) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(b) https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(d) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(g)(1) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(g)(2) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(g)(3) https://www.ecfr.gov/current/title-40/section-165.70#p-165.70(g) https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/part-167 https://www.ecfr.gov/current/title-40/part-169 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 28/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] §§ 165.71-165.79 [Reserved] Subpart E - Standards for Pesticide Containment Structures § 165.80 General provisions. [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] (i) The written contract from the pesticide product's registrant for the pesticide product. (ii) The written re�lling residue removal procedure for the pesticide product. (iii) The written description of acceptable containers for the pesticide product. (2) Each time you repackage a pesticide product into a re�llable container and distribute or sell the product, the following records must be generated and maintained for at least 3 years after the date of repackaging: (i) The EPA registration number of the pesticide product distributed or sold in the re�llable container. (ii) The date of the repackaging. (iii) The serial number or other identifying code of the re�llable container. (a) What is the purpose of the regulations in this subpart? The purpose of the containment regulations in this subpart is to protect human health and the environment from exposure to agricultural pesticides which may spill or leak from stationary pesticide containers. This protection is achieved by the construction of secondary containment units or pads at certain facilities handling agricultural pesticides. These regulations will also reduce waste generation associated with: (1) Storage and handling of large quantities of pesticide products. (2) Pesticide dispensing and container-re�lling operations. (b) Do I have to comply with the regulations in this subpart? You must comply with the regulations in this subpart if you are an owner or operator of one of the following businesses and if you also have a stationary pesticide container or a pesticide dispensing (including container re�lling) area: (1) Re�lling establishments who repackage agricultural pesticides and whose principal business is retail sale (i.e., more than 50% of total annual revenue comes from retail operations). (2) Custom blenders of agricultural pesticides. (3) Businesses which apply an agricultural pesticide for compensation (other than trading of personal services between agricultural producers). (c) When do I have to comply? You must comply with all applicable containment regulations for new and existing structures as of August 17, 2009. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64227 https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64227 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 29/36 § 165.81 Scope of stationary pesticide containers included. § 165.82 Scope of pesticide dispensing areas included. (a) What is a stationary pesticide container? A stationary pesticide container is a re�llable container that is �xed at a single facility or establishment, or, if not �xed, remains at the facility or establishment for at least 30 consecutive days, and that holds pesticide during the entire time. (b) What stationary pesticide containers are subject to the regulations in this subpart? Stationary pesticide containers designed to hold undivided quantities of agricultural pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide are subject to the regulations in this subpart and must have a secondary containment unit that complies with the provisions of this subpart unless any of the following conditions exists: (1) The container is empty, that is, all pesticide that can be removed by methods such as draining, pumping or aspirating has been removed (whether or not the container has been rinsed or washed). (2) The container holds only pesticide rinsates or wash waters, and is labeled accordingly. (3) The container holds only pesticides which would be gaseous when released at atmospheric temperature and pressure. (4) The container is dedicated to non-pesticide use, and is labeled accordingly. (a) What pesticide dispensing areas are subject to the regulations in this subpart? A pesticide dispensing area is subject to the containment regulations in this subpart and must have a containment pad that complies with the requirements of this subpart if any of the following activities occur: (1) Re�llable containers of agricultural pesticide are emptied, cleaned or rinsed. (2) Agricultural pesticides are dispensed from a stationary pesticide container designed to hold undivided quantities of agricultural pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide for any purpose, including re�lling or emptying for cleaning. This applies when pesticide is dispensed from the container into any vessel, including, but not limited to: (i) Re�llable containers; (ii) Service containers; (iii) Transport vehicles; (iv) Application equipment. (3) Agricultural pesticides are dispensed from a transport vehicle for purposes of �lling a re�llable container. (4) Agricultural pesticides are dispensed from any other container for the purpose of re�lling a re�llable container for sale or distribution. Containment requirements do not apply if the agricultural pesticide is dispensed from such a container for use, application or purposes other than re�lling for sale or distribution. 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 30/36 § 165.83 De�inition of new and existing structures. § 165.85 Design and capacity requirements for new structures. (b) What pesticide dispensing areas are exempt from the regulations in this subpart? A pesticide dispensing area is exempt from the regulations in this subpart if any of the following conditions exist: (1) The only pesticides in the dispensing area would be gaseous when released at atmospheric temperature and pressure. (2) The only pesticide containers re�lled or emptied within the dispensing area are stationary pesticide containers which are already protected by a secondary containment unit that complies with the provisions of this subpart. (3) The pesticide dispensing area is used solely for dispensing pesticide from a rail car which does not remain at a facility long enough to meet the de�nition of a stationary pesticide container; that is, 30 days. (a) What is a new containment structure? A new containment structure is one whose installation began after November 16, 2006. Installation is considered to have begun if: (1) You, as the owner or operator, have obtained all Federal, State, and local approvals or permits necessary to begin physical construction of the containment structure; AND (2) You have either begun a continuous on-site physical construction or installation program OR you have entered into contractual obligations. The contract must be such that it cannot be canceled or modi�ed without substantial loss, and must be for the physical construction or installation of the containment structure within a speci�c and reasonable time frame. (b) What is an existing containment structure? An existing containment structure is de�ned as one whose installation began on or before November 16, 2006. (a) For all new containment structures, what construction materials must I use? These are the material speci�cations for a new containment structure: (1) The containment structure must be constructed of steel, reinforced concrete or other rigid material capable of withstanding the full hydrostatic head, load and impact of any pesticides, precipitation, other substances, equipment and appurtenances placed within the structure. The structure must be liquid-tight with cracks, seams and joints appropriately sealed. (2) The structure must not be constructed of natural earthen material, un�red clay, or asphalt. (3) The containment structure must be made of materials compatible with the pesticides stored. In this case, compatible means able to withstand anticipated exposure to stored or transferred substances and still provide containment of those same or other substances within the containment area. (b) For all new containment structures, what are the general design requirements? These are the general design requirements for new containment structures: 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 31/36 (1) You must protect appurtenances and pesticide containers against damage from operating personnel and moving equipment. Means of protection include, but are not limited to, supports to prevent sagging, �exible connections, the use of guard rails, barriers, and protective cages. (2) Appurtenances, discharge outlets or gravity drains must not be con�gured through the base or wall of the containment structure, except for direct interconnections between adjacent containment structures which meet the requirements of this subpart. Appurtenances must be con�gured in such a way that spills or leaks are easy to see. (3) The containment structure must be constructed with su�cient freeboard to contain precipitation and prevent water and other liquids from seeping into or �owing onto it from adjacent land or structures. (4) Multiple stationary pesticide containers may be protected within a single secondary containment unit. (c) For new secondary containment units for stationary containers of liquid pesticides and new containment pads in pesticide dispensing areas, what are the capacity requirements? These are the capacity requirements: (1) New secondary containment units for stationary containers of liquid pesticides, if protected from precipitation, must have a capacity of at least 100 percent of the volume of the largest stationary pesticide container plus the volume displaced by other containers and appurtenances within the unit. (2) New secondary containment units for stationary containers of liquid pesticides, if exposed to or unprotected from precipitation, must have a capacity of at least 110 percent of the volume of the largest stationary pesticide container plus the volume displaced by other containers and appurtenances within the unit. (3) New containment pads in pesticide dispensing areas which have a pesticide container or pesticide-holding equipment with a volume of 750 gallons or greater must have a holding capacity of at least 750 gallons. (4) New containment pads in pesticide dispensing areas which do not have a pesticide container or pesticide-holding equipment with a volume of at least 750 gallons must have a holding capacity of at least 100 percent of the volume of the largest pesticide container or pesticide-holding equipment used on the pad. (d) For new secondary containment units for stationary containers of liquid pesticides, what are the speci�c design requirements? You must either anchor or elevate each stationary container of liquid pesticides protected by a new secondary containment unit to prevent �otation in the event that the secondary containment unit �lls with liquid. (e) For new containment pads in pesticide dispensing areas, what are the speci�c design requirements? Each new containment pad in a pesticide dispensing area must: (1) Be designed and constructed to intercept leaks and spills of pesticides which may occur in the pesticide dispensing area. (2) Have enough surface area to extend completely beneath any container on it, with the exception of transport vehicles dispensing pesticide for sale or distribution to a stationary pesticide container. For such vehicles, the surface area of the containment pad must accommodate at least the portion of the vehicle where the 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 32/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] § 165.87 Design and capacity requirements for existing structures. delivery hose or device couples to the vehicle. This exception does not apply to transport vehicles that are used for prolonged storage or repeated on-site dispensing of pesticides. (3) Allow, in conjunction with its sump, for removal and recovery of spilled, leaked, or discharged material and rainfall, such as by a manually activated pump. Automatically-activated pumps which lack automatic over�ow cutoff switches for the receiving container are prohibited. (4) Have its surface sloped toward an area where liquids can be collected for removal, such as a liquid-tight sump or a depression, in the case of a single-pour concrete pad. (f) For new secondary containment units for stationary containers of dry pesticides, what are the speci�c design requirements? These are the speci�c design requirements for new secondary containment units for stationary containers of dry pesticides: (1) The stationary containers of dry pesticides within the containment unit must be protected from wind and precipitation. (2) Stationary containers of dry pesticides must be placed on pallets or a raised concrete platform to prevent the accumulation of water in or under the pesticide. (3) The storage area for stationary containers of dry pesticides must include a �oor that extends completely beneath the pallets or raised concrete platforms on which the stationary containers of dry pesticides must be stored. (4) The storage area for stationary containers of dry pesticides must be enclosed by a curb a minimum of 6 inches high that extends at least 2 feet beyond the perimeter of the container. (a) For all existing containment structures, what construction materials must I use? These are the material speci�cations for an existing containment structure: (1) The containment structure must be constructed of steel, reinforced concrete or other rigid material capable of withstanding the full hydrostatic head, load and impact of any pesticides, precipitation, other substances, equipment and appurtenances placed within the structure. The structure must be liquid-tight with cracks, seams and joints appropriately sealed. (2) The structure must not be constructed of natural earthen material, un�red clay, or asphalt. (3) The containment structure must be made of materials compatible with the pesticides stored. In this case, compatible means able to withstand anticipated exposure to stored or transferred substances and still provide containment of those same or other substances within the containment area. (b) For all existing containment structures, what are the general design requirements? These are the general design requirements for existing containment structures: https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64227 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 33/36 (1) You must protect appurtenances and pesticide containers against damage from operating personnel and moving equipment. Means of protection include, but are not limited to, supports to prevent sagging, �exible connections, the use of guard rails, barriers, and protective cages. (2) You must seal all appurtenances, discharge outlets and gravity drains through the base or wall of the containment structure, except for direct interconnections between adjacent containment structures which meet the requirements of this subpart. (3) The containment structure must be constructed with su�cient freeboard to contain precipitation and prevent water and other liquids from seeping into or �owing onto it from adjacent land or structures. (4) Multiple stationary pesticide containers may be protected within a single secondary containment unit. (c) For existing secondary containment units for stationary containers of liquid pesticides and existing containment pads in pesticide dispensing areas, what are the capacity requirements? These are the capacity requirements: (1) Existing secondary containment units for stationary containers of liquid pesticides must have a capacity of at least 100 percent of the volume of the largest stationary pesticide container plus the volume displaced by other containers and appurtenances within the unit. (2) Existing containment pads in pesticide dispensing areas which have a pesticide container or pesticide-holding equipment with a volume of 750 gallons or greater must have a holding capacity of at least 750 gallons. (3) Existing containment pads in pesticide dispensing areas which do not have a pesticide container or pesticide-holding equipment with a volume of at least 750 gallons must have a holding capacity of at least 100 percent of the volume of the largest pesticide container or pesticide-holding equipment used on the pad. (d) For existing secondary containment units for stationary containers of liquid pesticides, what are the speci�c design requirements? You must either anchor or elevate each stationary container of liquid pesticides protected by an existing secondary containment unit to prevent �otation in the event that the secondary containment unit �lls with liquid. (e) For existing containment pads in pesticide dispensing areas, what are the speci�c design requirements? Each existing containment pad in a pesticide dispensing area must: (1) Be designed and constructed to intercept leaks and spills of pesticides which may occur in the pesticide dispensing area. (2) Have enough surface area to extend completely beneath any container on it, with the exception of transport vehicles dispensing pesticide for sale or distribution to a stationary pesticide container. For such vehicles, the surface area of the containment pad must accommodate at least the portion of the vehicle where the delivery hose or device couples to the vehicle. This exception does not apply to transport vehicles that are used for prolonged storage or repeated on-site dispensing of pesticides. (3) Allow, in conjunction with its sump, for removal and recovery of spilled, leaked, or discharged material and rainfall, such as by a manually activated pump. Automatically-activated pumps which lack automatic over�ow cutoff switches for the receiving container are prohibited. 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 34/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64228, Oct. 29, 2008] § 165.90 Operational, inspection and maintenance requirements for all new and existing containment structures. (f) For existing secondary containment units for stationary containers of dry pesticides, what are the speci�c design requirements? These are the speci�c design requirements for existing secondary containment units for stationary containers of dry pesticides: (1) The stationary containers of dry pesticides within the containment unit must be protected from wind and precipitation. (2) Stationary containers of dry pesticides must be placed on pallets or a raised concrete platform to prevent the accumulation of water in or under the pesticide. (3) The storage area for stationary containers of dry pesticides must include a �oor that extends completely beneath the pallets or raised concrete platforms on which the stationary containers of dry pesticides must be stored. (4) The storage area for stationary containers of dry pesticides must be enclosed by a curb a minimum of 6 inches high that extends at least 2 feet beyond the perimeter of the container. (a) What are the operating procedures required for all new and existing containment structures? As the owner or operator of a new or existing pesticide containment structure, you must: (1) Manage the structure in a manner that prevents pesticides or materials containing pesticides from escaping from the containment structure (including, but not limited to, pesticide residues washed off the containment structure by rainfall or cleaning liquids used within the structure.) (2) Ensure that pesticide spills and leaks on or in any containment structure are collected and recovered in a manner that ensures protection of human health and the environment (including surface water and groundwater) and maximum practicable recovery of the pesticide spilled or leaked. Cleanup must occur no later than the end of the day on which pesticides have been spilled or leaked except in circumstances where a reasonable delay would signi�cantly reduce the likelihood or severity of adverse effects to human health or the environment. (3) Ensure that all materials resulting from spills and leaks and any materials containing pesticide residue are managed according to label instructions and applicable Federal, State and local laws and regulations. (4) Ensure that transfers of pesticides between containers, or between containers and transport vehicles are attended at all times. (5) Ensure that each lockable valve on a stationary pesticide container, if it is required by § 165.45(f), is closed and locked, or that the facility is locked, whenever the facility is unattended. (b) What are the inspection and maintenance requirements for all new and existing containment structures? As owner or operator of a new or existing pesticide containment structure, you must: https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64228 https://www.ecfr.gov/current/title-40/section-165.45#p-165.45(f) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 35/36 [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64228, Oct. 29, 2008] § 165.92 What if I need both a containment pad and a secondary containment unit? You may combine containment pads and secondary containment units as an integrated system provided the requirements set out in this subpart for containment pads and secondary containment units in §§ 165.85(a) and (b), 165.87(a) and (b) and § 165.90, and as applicable, §§ 165.85(c)-(f) and 165.87(c)-(f) are satis�ed separately. § 165.95 What recordkeeping do I have to do as a facility owner or operator? As a facility owner or operator subject to the requirements of this subpart, you must maintain the following records, and you must furnish these records for inspection and copying upon request by an employee of EPA or any entity designated by EPA, such as a State, another political subdivision or a Tribe: (1) Inspect each stationary pesticide container and its appurtenances and each containment structure at least monthly during periods when pesticides are being stored or dispensed on the containment structure. Your inspection must look for visible signs of wetting, discoloration, blistering, bulging, corrosion, cracks or other signs of damage or leakage. (2) Initiate repair to any areas showing visible signs of damage and seal any cracks and gaps in the containment structure or appurtenances with material compatible with the pesticide being stored or dispensed no later than the end of the day on which damage is noticed and complete repairs within a time frame that is reasonable, taking into account factors such as the weather, and the availability of cleanup materials, trained staff, and equipment. (3) Not store any additional pesticide on a containment structure if the structure fails to meet the requirements of this subpart until suitable repairs have been made. (a) Records of inspection and maintenance for each containment structure and for each stationary pesticide container and its appurtenances must be kept for 3 years and must include the following information: (1) Name of the person conducting the inspection or maintenance; (2) Date the inspection or maintenance was conducted; (3) Conditions noted; (4) Speci�c maintenance performed. (b) Records for any non-stationary pesticide container designed to hold undivided quantities of agricultural pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide that holds pesticide but is not protected by a secondary containment unit meeting these regulations must be kept for 3 years. Records on these non-stationary pesticide containers must include the time period that the container remains at the same location. (c) Records of the construction date of the containment structure must be kept for as long as the pesticide containment structure is in use, and for 3 years afterwards. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64228 https://www.ecfr.gov/current/title-40/section-165.85#p-165.85(a) https://www.ecfr.gov/current/title-40/section-165.85#p-165.85(b) https://www.ecfr.gov/current/title-40/section-165.87#p-165.87(a) https://www.ecfr.gov/current/title-40/section-165.87#p-165.87(b) https://www.ecfr.gov/current/title-40/section-165.90 https://www.ecfr.gov/current/title-40/section-165.85#p-165.85(c) https://www.ecfr.gov/current/title-40/section-165.87(c)-(f) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 165 -- Pesticide Management and Disposal https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-165 36/36 § 165.97 States with existing containment programs. [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64228, Oct. 29, 2008] (a) What options are available to States that already have containment regulations? States that have promulgated containment regulations effective prior to August 16, 2006, and which also have primary enforcement responsibility and/or certi�cation programs, have the option of continuing to implement their own programs in lieu of these Federal regulations. (b) How may a State request authority to continue implementing its State containment regulations? A State with pesticide containment regulations may request the authority to continue implementing State containment regulations by August 16, 2007 in the following manner: (1) The State must submit a letter and any supporting documentation to EPA. Supporting documentation must demonstrate that the State's program is providing environmental protection equivalent to or more protective than that expected to be provided by the Federal regulations in this subpart. (2) The State must identify any signi�cant changes to State regulations which would be necessary in order to provide environmental protection equivalent to the EPA regulations, and develop an estimated timetable to effect these changes. The letter must be signed by the designated State Lead Agency. (c) How will EPA notify the State if its request is granted? EPA's O�ce of Pesticide Programs will review the State's correspondence and determine whether the State program is adequate to provide environmental protection equivalent to or more protective than these Federal regulations for new and existing containment structures. EPA's O�ce of Pesticide Programs will inform the State of its determination through a letter authorizing or declining to authorize the State to continue implementing its containment regulations and will detail any reasons for declining authorization. (d) How must a State inform EPA of revisions to its containment regulations? Any state that has received authorization to continue implementing its state containment regulations must inform EPA by letter signed by the designated State Lead Agency within 6 months of any revision to the State's containment regulations. EPA will inform the state by letter if it determines that the State's containment regulations are no longer adequate based on the revisions. The State's containment regulations will remain in effect, unless and until EPA sends the state a letter making this determination. https://www.federalregister.gov/citation/71-FR-47422 https://www.federalregister.gov/citation/73-FR-64228 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 1/15 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 166 - EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS Authority: 7 U.S.C. 136p, and 136w. Source: 51 FR 1902, Jan. 15, 1986, unless otherwise noted. Subpart A - General Provisions § 166.1 Purpose and organization. § 166.2 Types of exemptions. There are four types of emergency exemptions which may be authorized: speci�c, quarantine, public health, and crisis exemptions. View table of contents for this page (a) Purpose and scope. Section 18 of the Act authorizes the Administrator to exempt State and Federal agencies from any provision of the Act, if he determines that emergency conditions exist which require an exemption. The regulations in this part establish procedures whereby the Administrator may exempt a Federal or State agency from the provisions of the Act which regulate the manner in which a pesticide is made available for use or is used. (b) Organization. (1) The provisions in subpart A of this part describe the four types of emergency exemptions authorized by the Agency and de�ne terms used in this part. (2) Subpart B of this part establishes procedures and criteria for speci�c, quarantine, and public health exemptions. (3) Subpart C of this part establishes procedures and criteria for crisis exemptions. (a) Speci�c exemption. A speci�c exemption may be authorized in an emergency condition to avert: (1) A signi�cant economic loss; or ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 https://www.ecfr.gov/current/title-40/part-166/subpart-A https://www.ecfr.gov/current/title-40/part-166/subpart-B https://www.ecfr.gov/current/title-40/part-166/subpart-C 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 2/15 [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4510, Jan. 27, 2006] § 166.3 De�initions. Terms used in this part have the same meaning as in the Act. In addition, as used in this part, the following terms shall apply: Act means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. Agency and EPA mean the U. S. Environmental Protection Agency. Bene�cial organism means any pollinating insect, or any pest predator, parasite, pathogen or other biological control agent which functions naturally or as part of an integrated pest management program to control another pest. Emergency condition means an urgent, non-routine situation that requires the use of a pesticide(s) and shall be deemed to exist when: (2) A signi�cant risk to: (i) Endangered species, (ii) Threatened species, (iii) Bene�cial organisms, or (iv) The environment. (b) Quarantine exemption. A quarantine exemption may be authorized in an emergency condition to control the introduction or spread of any pest that is an invasive species, or is otherwise new to or not theretofore known to be widely prevalent or distributed within and throughout the United States and its territories. (c) Public health exemption. A public health exemption may be authorized in an emergency condition to control a pest that will cause a signi�cant risk to human health. (d) Crisis exemption. A crisis exemption may be utilized in an emergency condition when the time from discovery of the emergency to the time when the pesticide use is needed is insu�cient to allow for the authorization of a speci�c, quarantine, or public health exemption. (1) No effective pesticides are available under the Act that have labeled uses registered for control of the pest under the conditions of the emergency; and (2) No economically or environmentally feasible alternative practices which provide adequate control are available; and (3) The situation: (i) Involves the introduction or dissemination of an invasive species or a pesticide new to or not theretofore known to be widely prevalent or distributed within or throughout the United States and its territories; or (ii) Will present signi�cant risks to human health; or (iii) Will present signi�cant risks to threatened or endangered species, bene�cial organisms, or the environment; or https://www.federalregister.gov/citation/51-FR-1902 https://www.federalregister.gov/citation/71-FR-4510 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 3/15 First food use means the use of a pesticide on a food or in a manner which otherwise would be expected to result in residues in a food, if no tolerance or exemption from the requirements of a tolerance for residues of the pesticide on any food has been established for the pesticide under section 408 of the Federal Food, Drug, and Cosmetic Act. Food means any article used for food or drink for man or animals. Invasive species means, with respect to a particular ecosystem, any species that is not native to that ecosystem, and whose introduction does or is likely to cause economic or environmental harm or harm to human health. IR-4 means the Interregional Research Project No. 4, a cooperative effort of the state land grant universities, the U.S. Department of Agriculture and EPA, to address the chronic shortage of pest control options for minor crops, which are generally of too small an acreage to provide economic incentive for registration by the crop protection industry. New chemical means an active ingredient not contained in any currently registered pesticide. Signi�cant economic loss means that, compared to the situation without the pest emergency and despite the best efforts of the affected persons, the emergency conditions at the speci�c use site identi�ed in the application are reasonably expected to cause losses meeting any of the following criteria: Special Review means any interim administrative review of the risks and bene�ts of the use of a pesticide conducted pursuant to the provisions of part 154 of this chapter, or § 162.11 of this chapter prior to November 27, 1985, or any subsequent version of those rules. Unreasonable adverse effects on the environment means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and bene�ts of the use of any pesticide. (iv) Will cause signi�cant economic loss due to: (A) An outbreak or an expected outbreak of a pest; or (B) A change in plant growth or development caused by unusual environmental conditions where such change can be recti�ed by the use of a pesticide(s). (1) For pest activity that primarily affects the current crop or other output, one or more of the following: (i) Yield loss greater than or equal to 20%. (ii) Economic loss, including revenue losses and cost increases, greater than or equal to 20% of gross revenues. (iii) Economic loss, including revenue losses and cost increases greater than or equal to 50% of net revenues. (2) For any pest activity where EPA determines that the criteria in paragraph (1) of this de�nition would not adequately describe the expected loss, substantial loss or impairment of capital assets, or a loss that would affect the long-term �nancial viability expected from the productive activity. https://www.ecfr.gov/current/title-40/part-154 https://www.ecfr.gov/current/title-40/section-162.11 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 4/15 [73 FR 75597, Dec. 12, 2008] § 166.7 User noti�ication; advertising. [54 FR 1125, Jan. 11, 1989] Subpart B - Speci�ic, Quarantine, and Public Health Exemptions § 166.20 Application for a speci�ic, quarantine, or public health exemption. (a) A State or Federal agency that obtains an exemption may notify eligible users of the availability of the exempted pesticide(s) through user groups, retail dealers, and other means. Noti�cation may include distributing copies of the section 18 approval letter, labeling, or other information to eligible persons. (b) As set forth more fully in § 168.22 of this chapter, EPA interprets FIFRA sections 12(a)(1) (A) and (B) as making it unlawful for any person who distributes, sells, offers for sale, holds for sale, ships, delivers for shipment, or receives and (having so received) delivers or offers to deliver any pesticide, to advertise the pesticide for any use authorized by an emergency exemption, except for advertisements that are placed in media that address only persons in the geographical area to which the exemption applies, state the name and address of one or more retail dealers where users may buy the pesticide, and contain a prominent notice of the limitations on use under the emergency exemption. EPA may withdraw an exemption if the use of the pesticide covered by the exemption is advertised unlawfully. (a) General information required in an application for a speci�c, quarantine or public health exemption. An application must be submitted in writing by the head of the Federal or State agency, the Governor of the State involved, or their o�cial designee. If a designee has been delegated authority to request exemptions, written authorization of such delegation must accompany the request or be on �le with the Agency. In addition, the application must contain all applicable information speci�ed in paragraphs (a) (1) through (11) of this section. (1) Identity of contact persons. (i) Unless otherwise speci�ed, the person who submits the application will be considered the contact person for all matters relating to administration of the emergency exemption. (ii) Requests should identify by name and telephone number one or more quali�ed experts who may be contacted in case any questions arise concerning the application. (2) Description of the pesticide. The application shall contain a description of the pesticide(s) proposed for use under the exemption. Such information shall include: (i) For a federally registered pesticide product: (A) A copy of the label(s) if a speci�c product(s) is/are requested; or the formulation(s) requested if a speci�c product is not requested; and (B) A copy of any additional labeling proposed for the emergency exemption; or https://www.federalregister.gov/citation/73-FR-75597 https://www.federalregister.gov/citation/54-FR-1125 https://www.ecfr.gov/current/title-40/section-168.22 https://www.ecfr.gov/current/title-40/section-166.20#p-166.20(a)(1) https://www.ecfr.gov/current/title-40/section-166.20#p-166.20(a)(11) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 5/15 (ii) For any other pesticide products: (A) A con�dential statement of formula or reference to one already submitted to the Agency; and (B) Complete labeling to be used in connection with the proposed exemption use. (3) Description of the proposed use. The application shall identify all of the following: (i) Sites to be treated, including their locations within the State; (ii) The method of application; (iii) The rate of application in terms of active ingredient and product; (iv) The maximum number of applications; (v) The total acreage or other appropriate unit proposed to be treated; (vi) The total amount of pesticide proposed to be used in terms of both active ingredient and product; (vii) All applicable restrictions and requirements concerning the proposed use which may not appear on labeling; (viii) The duration of the proposed use; and (ix) Earliest possible harvest dates. (4) Alternative methods of control. The application shall contain: (i) A detailed explanation of why the pesticide(s) currently registered for the particular use proposed in the application is not available in adequate supplies and/or effective to the degree needed to control the emergency. If the applicant states that an available registered pesticide is ineffective for the given situation, the statement must be supported by �eld data which demonstrate ineffectiveness of registered pesticides, or, if such data are unavailable, statements by quali�ed agricultural experts, extension personnel, university personnel or other persons similarly quali�ed in the �eld of pest control; and (ii) A detailed explanation of why alternative practices, if available, either would not provide adequate control or would not be economically or environmentally feasible. (5) Effectiveness of proposed use. The application shall contain data, a discussion of �eld trials, or other evidence which provide the basis for the conclusion that the proposed pesticide treatment will be effective in dealing with the emergency. (6) Discussion of residues for food uses. If the proposed use is expected to result in residues of the pesticide in or on food, the application shall list the food likely to contain such residues and shall contain an estimate of the maximum amount of the residue likely to result from the proposed use, together with the information on which such estimates are based. (7) Discussion of risk information. The application shall address the potential risks to human health, endangered or threatened species, bene�cial organisms, and the environment expected to result from the proposed use, together with references to data and other supporting information. 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 6/15 (8) Coordination with other affected State or Federal agencies. If the proposed use of the pesticide is likely to be of concern to other Federal or State agencies, the application shall indicate that such agencies have been contacted prior to submission of the application, and any comments received from such agencies shall be submitted to EPA. (9) Acknowledgment by registrant. The application shall contain a statement by the registrants of all pesticide products proposed for use acknowledging that a request has been made to the Agency for use of the pesticide under this section. This acknowledgment shall include a statement of support for the requested use, including the expected availability of adequate quantities of the requested product under the use scenario proposed by the applicant(s); and the status of the registration in regard to the requested use including appropriate petition numbers, or of the registrant's intentions regarding the registration of the use. (10) Description of proposed enforcement program. Prior to approval, the applicant shall provide an explanation of the authority of the applicant or related State or Federal agencies for ensuring that use of the pesticide under the proposed exemption would comply with any special requirements imposed by the Agency and a description of the program and procedures for assuring such compliance. (11) Repeated uses. Applications for the use of a pesticide at a site for which the applicant has previously been exempted under section 18 shall contain an interim report summarizing the results of the speci�c, quarantine, or public health exemption previously issued, if the application is submitted prior to the time the �nal report for the previous exemption is due. The interim report shall contain that information speci�ed in § 166.32 to the extent available at the time the application is made. (b) Information required for a speci�c exemption. An application for a speci�c exemption shall provide all of the following information, as appropriate, concerning the nature of the emergency: (1) The scienti�c and common name of the pest or pest complex; (2) A discussion of the events which brought about the emergency condition; (3) A discussion of the anticipated risks to endangered or threatened species, bene�cial organisms, or the environment that would be remedied by the proposed use of the pesticide; and (4) A discussion of the anticipated signi�cant economic loss, together with data and other information supporting the discussion, that addresses one or more of the following, as appropriate: (i) Yield or utilized yield reasonably anticipated in the absence of the emergency and expected losses in quantity due to the emergency; (ii) The information in paragraph (b)(4)(i) of this section plus prices reasonably anticipated in the absence of the emergency and changes in prices and/or production costs due to the emergency; (iii) The information in paragraph (b)(4)(ii) of this section plus operating costs reasonably anticipated in the absence of the emergency; (iv) Any other information explaining the economic consequences of the emergency. https://www.ecfr.gov/current/title-40/section-166.32 https://www.ecfr.gov/current/title-40/section-166.20#p-166.20(b)(4)(i) https://www.ecfr.gov/current/title-40/section-166.20#p-166.20(b)(4)(ii) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 7/15 [51 FR 1902, Jan. 15, 1986, as amended at 58 FR 34203, June 23, 1993; 71 FR 4511, Jan. 27, 2006] (5) Re-certi�cation of an emergency condition. Applicants for speci�c exemptions may submit re-certi�cation applications relying on previously submitted information to satisfy the information requirements of paragraphs (a)(1) through (a)(10) of this section, and of paragraphs (b)(1) through (b)(4) of this section, where all of the following conditions are met: (i) An exemption was granted for the same pesticide at the same site to the same applicant the previous year; (ii) The emergency condition could reasonably be expected to continue for longer than 1 year; (iii) EPA has not declared the use ineligible for re-certi�cation; (iv) The use is not subject to public notice pursuant to § 166.24(a)(1) through (a) (6); (v) The applicant certi�es that all of the following are true: (A) The emergency condition described in the preceding year's application continues to exist; (B) Except as expressly identi�ed, all information submitted in the preceding year's application is still accurate; (C) Except as expressly identi�ed, the proposed conditions of use are identical to the conditions of use EPA approved for the preceding year; (D) Any conditions or limitations on the eligibility for re-certi�cation identi�ed in the preceding year's notice of approval of the emergency exemption have been satis�ed; (E) The applicant is not aware of any alternative chemical or non-chemical practice that may offer a meaningful level of pest control, or has provided documentation that each such known practice does not provide adequate control or is not economically or environmentally feasible. (c) Information required for a quarantine exemption. An application for a quarantine exemption shall provide all of the following information concerning the nature of the emergency: (1) The scienti�c and common name of pest; (2) The origin of pest and the means of its introduction or spread if known; and (3) The anticipated impact of not controlling the pest. (d) Information required for a public health exemption. An application for a public health exemption shall provide all the following information concerning the nature of the emergency: (1) The scienti�c and common name of the pest to be controlled and, if the pest is a vector, a description of the disease it is expected to transmit; (2) A discussion of the magnitude of the health problems which are expected to occur without the pesticide use; and (3) Discussion of the availability of medical treatment for the health problem. https://www.federalregister.gov/citation/51-FR-1902 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/71-FR-4511 https://www.ecfr.gov/current/title-40/section-166.20#p-166.20(a)(1) https://www.ecfr.gov/current/title-40/section-166.20#p-166.20(a)(10) https://www.ecfr.gov/current/title-40/section-166.20#p-166.20(b)(1) https://www.ecfr.gov/current/title-40/section-166.20#p-166.20(b)(4) https://www.ecfr.gov/current/title-40/section-166.24#p-166.24(a)(1) https://www.ecfr.gov/current/title-40/section-166.24#p-166.24(a)(6) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 8/15 § 166.22 Consultation with the Secretary of Agriculture and Governors of the States. The Agency, in determining whether or not such emergency conditions exist, shall consult with the Secretary of Agriculture and the Governor of any State concerned if they request such determination. § 166.24 Public notice of receipt of application and opportunity for public comment. (a) Publication requirement. The Administrator shall issue a notice of receipt in the FEDERAL REGISTER for a speci�c, quarantine, or public health exemption and request public comment when any one of the following criteria is met: (1) The application proposes use of a new chemical; (2) The application proposes the �rst food use of an active ingredient; (3) The application proposes any use of a pesticide if the pesticide has been subject to a suspension notice under section 6(c) of the Act; (4) The application proposes use of a pesticide which: (i) Was the subject of a notice under section 6(b) of the Act and was subsequently cancelled, and (ii) Is intended for a use that poses a risk similar to the risk posed by any use of the pesticide which was the subject of the notice under section 6(b); (5) The application proposes use of a pesticide which: (i) Contains an active ingredient which is or has been the subject of a Special Review, and (ii) Is intended for a use that could pose a risk similar to the risk posed by any use of the pesticide which is or has been the subject of the Special Review; (6) The application proposes use of a pesticide which: (i) Was voluntarily canceled under section 6(f) of the Act, and (ii) Is intended for a use that poses a risk similar to the risk posed by any use of the pesticide which was voluntarily canceled under section 6(f); (7) The application proposes use of a pesticide for a speci�c or public health exemption, if: (i) An emergency exemption has been requested or approved for that use in any 3 previous years, or any 5 previous years if the use is supported by the IR-4 program, and (ii) A complete application for registration of that use and/or a petition for tolerance for residues in or on the commodity has not been submitted to the Agency; or (8) The Administrator determines that publication of notice is appropriate. (b) Contents. The notice of receipt of an application for an emergency exemption shall contain the following information: (1) The name of the applicant; 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 9/15 [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4511, Jan. 27, 2006] § 166.25 Agency review. (2) The name of the active ingredient requested for use, including, if available, the common name and the Chemical Abstracts Service (CAS) number; (3) The total amount of product or active ingredient proposed for use; (4) The geographical location where treatment is proposed; (5) The proposed number of acres or other appropriate units proposed to be treated; (6) A summary of the applicant's description of the emergency conditions including the pest and the site or crop to be treated; (7) A description of the major conditions of use of the pesticide as proposed by the applicant; (8) If the pesticide proposed for use meets the criteria of paragraph (a) (3), (4), or (5) of this section, an identi�cation of the types of risks that were the basis for EPA's regulatory action; and (9) The name, telephone number, and address of a person in the Agency who can provide further information. (c) Length of comment period. Normally, a notice of receipt shall give the public 15 days in which to �le comments on the application. The Administrator may shorten or eliminate the comment period if he determines that the time available for a decision on the application requires it and shall state reasons for such action in a notice in the FEDERAL REGISTER. The Administrator may extend the comment period if additional time for comment is requested and such an extension would not interfere with a timely decision on the application. (a) General. The Agency will review all requests as expeditiously as possible, making every attempt to respond to requests prior to the time when the proposed use is needed. The Agency will review the application and other available data necessary to make a determination with respect to all of the following: (1) Whether an emergency condition exists or will exist; (2) The Agency's ability and intention to establish a time-limited tolerance(s) or exemption(s) from the requirement of a tolerance for any pesticide residues resulting from the authorized use, identifying the level of permissible residues in or on food or feed resulting from the proposed use; (3) The anticipated bene�ts to be derived from the proposed use; and (4) The potential risks to human health, endangered or threatened species, bene�cial organisms, and the environment from the proposed use. (b) Criteria for approval. The Administrator may authorize a speci�c, public health, or quarantine exemption, based on the information available to the Agency, after: (1) He determines that: (i) An emergency condition exists; https://www.federalregister.gov/citation/51-FR-1902 https://www.federalregister.gov/citation/71-FR-4511 https://www.ecfr.gov/current/title-40/section-166.24#p-166.24(a)(3) https://www.ecfr.gov/current/title-40/section-166.24#p-166.24(a)(4) https://www.ecfr.gov/current/title-40/section-166.24#p-166.24(a)(5) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 10/15 [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4511, Jan. 27, 2006] § 166.28 Duration of exemption. § 166.30 Notice of Agency decision. (ii) The use of the pesticide under the exemption will not cause unreasonable adverse effects on the environment; (iii) Registration of the pesticide use for which the exemption is requested has not been suspended under section 6(c) of the Act or cancelled following a notice under section 6(b) of the Act, unless the use is authorized in accordance with the provisions of §§ 164.130 through 164.133 of this chapter; (2) Giving due consideration to: (i) Whether the pesticide is reasonably likely to be used in compliance with the requirements imposed by the Agency under the exemption; and (ii) The progress which has been made toward registration of the proposed use, if a repeated speci�c or public health exemption is sought. It shall be presumed that if a complete application for registration of a use, which has been under a speci�c or public health exemption for any 3 previous years, or any 5 previous years if the use is supported for registration by the IR-4 program, has not been submitted, reasonable progress towards registration has not been made. (a) Speci�c or public health exemptions. EPA shall allow use of a pesticide under a speci�c or public health exemption for as long a period as is reasonably expected to be necessary but in no case for longer than 1 year. (b) Quarantine exemption. EPA shall allow use of a pesticide under a quarantine exemption for as long a period as is deemed necessary but in no case for longer than 3 years. Quarantine exemptions may be renewed. Interim reports containing the information speci�ed in § 166.32(b) to the extent available shall be �led annually. (a) Noti�cation of applicants. The Agency shall notify an applicant of its decision to approve or deny an application request for an emergency exemption in a timely manner. (1) Incomplete applications. The Agency may discontinue the processing of any application that does not address all of the requirements of § 166.20 until such time the additional information is submitted by the applicant. (2) Complete applications (i) Denials. The Agency shall provide the speci�c reasons and rationale for denying the exemption request. If the denial is based on a speci�c information gap, the decision shall be reconsidered in a timely manner when the information gap is �lled. (ii) Approvals. The Agency shall provide the speci�c terms and conditions under which the exempted pesticide may be used. (b) Federal Register publication. https://www.federalregister.gov/citation/51-FR-1902 https://www.federalregister.gov/citation/71-FR-4511 https://www.ecfr.gov/current/title-40/section-164.130 https://www.ecfr.gov/current/title-40/section-164.133 https://www.ecfr.gov/current/title-40/section-166.32#p-166.32(b) https://www.ecfr.gov/current/title-40/section-166.20 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 11/15 [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006] § 166.32 Reporting and recordkeeping requirements for speci�ic, quarantine, and public health exemptions. (1) At least quarterly, the Administrator shall issue a notice in the FEDERAL REGISTER announcing all approvals of speci�c, quarantine, and public health exemptions. The notice shall contain all of the following: (i) The name of the applicant; (ii) The pesticide authorized for use; (iii) The crop or site to be treated; and (iv) The name, address, and telephone number of a person in the Agency who can provide further information. (2) In addition, if EPA has issued a Notice of Receipt of an application for an exemption, it will issue a notice of its �nal decision and the reasons for that decision. (a) Unexpected adverse effects information. Any unexpected adverse effects resulting from the use of a pesticide under a speci�c, quarantine, or public health exemption must be immediately reported to the Agency. (b) Interim and �nal reports. A �nal report summarizing the results of pesticide use under any speci�c, quarantine, or public health exemption must be submitted to the Agency within 6 months from the expiration of the exemption unless otherwise speci�ed by the Agency. For quarantine exemptions granted for longer than 1 year, interim reports must be submitted annually. When an application for renewal of the exemption is submitted before the expiration of the exemption or before submission of the �nal report, an interim report must be submitted with the application. The information in interim and �nal reports shall include all of the following: (1) Total acreage, amount of commodity or other unit treated and the total quantity of the pesticide used; (2) A discussion of the effectiveness of the pesticide in dealing with the emergency condition; (3) A description of any unexpected adverse effects which resulted from use of the pesticide under the exemption; (4) The results of any monitoring required and/or carried out under the exemption; (5) A discussion of any enforcement actions taken in connection with the exemption; (6) Method(s) of disposition of a food crop, if required to be destroyed under an exemption; and (7) Any other information requested by the Administrator. (c) Records. Records for all treatments involving the �rst food use of a pesticide will be maintained by the agency to which the emergency exemption was granted for a minimum of 2 years following the date of expiration of the exemption. On request by the Agency these records shall be made available to the Administrator. Records will include all of the following: https://www.federalregister.gov/citation/51-FR-1902 https://www.federalregister.gov/citation/71-FR-4512 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 12/15 [51 FR 1902, Jan. 15, 1986, as amended at 58 FR 34203, June 23, 1993; 71 FR 4512, Jan. 27, 2006] § 166.34 EPA review of information obtained in connection with emergency exemptions. EPA shall review information submitted in connection with emergency exemptions and, when applicable, use it in connection with other regulatory decisions under the Act. § 166.35 Revocation or modi�ication of exemptions. Subpart C - Crisis Exemptions § 166.40 Authorization. The head of a Federal or State agency, the Governor of a State, or their o�cial designee, may issue a crisis exemption in situations involving an unpredictable emergency situation when: (1) Locations where the pesticide was applied; (2) Dates of application (range); and (3) Total quantity of the pesticide used. (a) Grounds. The Administrator may revoke or modify the terms or conditions of a speci�c, quarantine, or public health exemption if he determines one of the following: (1) An emergency no longer exists; (2) Use of the pesticide under the exemption may cause unreasonable adverse effects on the environment; (3) The pesticide authorized under the exemption is not effective at controlling the pest or conditions causing the emergency; or (4) The terms and conditions established by the exemption and these regulations are not being complied with. (b) Implementation. The revocation or modi�cation becomes effective as soon as the Administrator noti�es the State or Federal agency which submitted the application. Upon noti�cation, the applicant is required immediately to take all necessary steps to assure that further use complies with the terms and conditions of any modi�cation or, if the exemption has been revoked, to stop further use. (a) An unpredictable emergency condition exists; (b) The time element with respect to the application of the pesticide is critical, and there is not su�cient time either to request a speci�c, quarantine, or public health exemption or, if such a request has been submitted, for EPA to complete review of the request; and (c) EPA has provided verbal con�rmation that, for food uses, a tolerance or exemption from the requirement of a tolerance can be established in a timely manner, responsive to the projected timeframe of use of the chemical and harvest of the commodity, and that, for any use, the Agency has no other objection. https://www.federalregister.gov/citation/51-FR-1902 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/71-FR-4512 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 13/15 [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006] § 166.41 Limitations. The crisis provisions may not be utilized to authorize a pesticide use if any of the following has occurred: § 166.43 Notice to EPA and registrants or basic manufacturers. [51 FR 1902, Jan. 15, 1986, as amended at 58 FR 34203, June 23, 1993; 71 FR 4512, Jan. 27, 2006] § 166.45 Duration of crisis exemption. (a) EPA has informed the head of the Federal or State agency, the Governor, or their o�cial designee, not to issue such an exemption; (b) The pesticide use has been suspended under section 6(c) of the Act; (c) The pesticide use has been cancelled following a notice issued under section 6(b) of the Act; (d) The pesticide contains a new chemical; or (e) The application proposes the �rst food use of a pesticide. (a) Timing of notice. (1) The State or Federal Agency issuing the crisis exemption must notify the Administrator in advance of utilization of the crisis provisions. (2) The State or Federal agency issuing the crisis exemption shall notify the registrant(s) or, if appropriate, the basic manufacturer(s) of the pesticide(s) being used under the crisis exemption at the same time notice is given to EPA or as soon thereafter as possible. (b) Contents of notice. Information required to be provided in notices shall include all of the following: (1) The name of the product and active ingredient authorized for use, along with the common name and CAS number if available, including a copy of the EPA registered label and use directions appropriate to the authorized use; (2) The site on which the pesticide is to be used or is being used; (3) The use pattern; (4) The date on which the pesticide use is to begin and the date when the use will end; (5) An estimate of the level of residues of the pesticide expected to result from use under the crisis exemption; (6) Earliest anticipated harvest date of the treated commodity; (7) Description of the emergency situation; and (8) Any other pertinent information available at the time. https://www.federalregister.gov/citation/51-FR-1902 https://www.federalregister.gov/citation/71-FR-4512 https://www.federalregister.gov/citation/51-FR-1902 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/71-FR-4512 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 14/15 A crisis exemption may be authorized for: § 166.49 Public notice of crisis exemptions. [51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006] § 166.50 Reporting and recordkeeping requirements for crisis exemption. (a) Only as long as is necessary to control the pest or conditions causing the emergency; and (b) No longer than 15 days, unless an application requesting a speci�c, quarantine, or public health exemption for this use has been submitted to the Agency. (a) Periodic notices. At least quarterly, the Administrator shall issue a notice in the FEDERAL REGISTER announcing issuance of crisis exemptions. The notice shall contain all of the following: (1) The name of the applicant; (2) The pesticide authorized for use; (3) The crop or site to be treated; and (4) The name, address, and telephone number of a person in the Agency who can provide further information. (b) Annual reports. Annually, the Agency shall issue a notice in the FEDERAL REGISTER that shall summarize: (1) The number of crisis exemptions declared; and (2) The number of crisis exemptions revoked. (a) Adverse effects information. Any adverse effects resulting from the use of a pesticide under a crisis exemption must be immediately reported to the Agency. (b) Final reports. (1) A report summarizing the results of treatment under a crisis exemption will be required to be submitted to the Agency within 3 months following the last date of treatment. If a speci�c, quarantine, or public health exemption has been approved while the crisis exemption is in effect, however, the crisis exemption report may be incorporated into the speci�c, quarantine, or public health exemption �nal report required under § 166.32(b) and submitted at the time it is due. (2) Information to be included in the crisis exemption report includes the same information as required in § 166.32(b) and an explanation as to why there was a need to utilize the crisis provisions. (c) Records. Records will be maintained for a minimum of 2 years following the date of expiration of the exemption. On request by the Agency, these records shall be made available to the Administrator. Records will include all of the following: (1) Location where the pesticide was applied; (2) Dates of application (range); and https://www.federalregister.gov/citation/51-FR-1902 https://www.federalregister.gov/citation/71-FR-4512 https://www.ecfr.gov/current/title-40/section-166.32#p-166.32(b) https://www.ecfr.gov/current/title-40/section-166.32#p-166.32(b) 9/16/21, 2:52 PM eCFR :: 40 CFR Part 166 -- Exemption of Federal and State Agencies for Use of Pesticides Under Emergency Conditions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-166 15/15 [51 FR 1902, Jan. 15, 1986, as amended at 58 FR 34203, June 23, 1993] § 166.53 EPA review of crisis exemption and revocation of authority. (3) Total quantity of the pesticide used. (a) Review. When a crisis exemption is about to be or has already been declared by a State or Federal agency, EPA will undertake an expedited review of the pesticide to determine if use of the pesticide may result in such unreasonable health or environmental risks that the crisis authority should not be exercised or the crisis exemption should be revoked. (b) Revocation (1) Individual crisis exemptions. A crisis exemption for the use of a speci�c pesticide may be revoked if the Administrator determines that: (i) There are insu�cient data to determine the risks posed from the use; (ii) Such action is necessary to protect man or the environment; or (iii) The State or Federal agency is not complying with the requirements of this subpart C. (2) State or Federal agency authority. The Administrator may revoke the authority of a State or Federal agency to issue crisis exemptions for any pesticide if he determines that: (i) Such action is necessary to protect man or the environment; or (ii) The State or Federal agency is not complying with the requirements of this subpart C. (c) Reason for revocation. The Agency shall provide the speci�c reasons for revoking an agency's authority to issue a crisis exemption and for revoking an issued crisis exemption. https://www.federalregister.gov/citation/51-FR-1902 https://www.federalregister.gov/citation/58-FR-34203 9/16/21, 2:55 PM eCFR :: 40 CFR Part 167 -- Registration of Pesticide and Active Ingredient Producing Establishments, Submission of Pesticide Re… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-167 1/4 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 167 - REGISTRATION OF PESTICIDE AND ACTIVE INGREDIENT PRODUCING ESTABLISHMENTS, SUBMISSION OF PESTICIDE REPORTS Authority: 7 U.S.C. 136 (e) and (w). Source: 53 FR 35058, Sept. 8, 1988; 54 FR 32638, Aug. 9, 1989, unless otherwise noted. Subpart A - General Provisions § 167.3 De�initions. Terms used in this part shall have the meanings set forth for such terms in the Federal Insecticide, Fungicide, and Rodenticide Act. In addition, when used in this part, the following terms shall have the meanings stated below: Act means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq. Amount of pesticidal product means quantity, expressed in weight or volume of the product, and is to be reported in pounds for solid or semi-solid pesticides and active ingredients or gallons for liquid pesticides and active ingredients, or number of individual retail units for devices. Current production [sales or distribution] means amount of planned production in the calendar year in which the pesticides report is submitted, including new pesticidal products not previously sold or distributed. Custom blender means any establishment which provides the service of mixing pesticides to a customer's speci�cations, usually a pesticide(s)-fertilizer(s), pesticide-pesticide, or a pesticide animal feed mixture, when: (1) The blend is prepared to the order of the customer and is not held in inventory by the blender; (2) the blend is to be used on the customer's property (including leased or rented property); (3) the pesticide(s) used in the blend bears end-use labeling directions which do not prohibit use of the product in such a blend; (4) the blend is prepared from registered pesticides; (b) the blend is delivered to the end-user along with a copy of the end-use labeling of each pesticide used in the blend and a statement specifying the composition of mixture; and (6) no other pesticide production activity is performed at the establishment. View table of contents for this page ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.govinfo.gov/link/uscode/7/136 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-167 9/16/21, 2:55 PM eCFR :: 40 CFR Part 167 -- Registration of Pesticide and Active Ingredient Producing Establishments, Submission of Pesticide Re… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-167 2/4 Device means any device or class of devices as de�ned by the Act and determined by the Administrator pursuant to section 25(c) to be subject to the provisions of section 7 of the Act. Establishment means any site where a pesticidal product, active ingredient, or device is produced, regardless of whether such site is independently owned or operated, and regardless of whether such site is domestic and producing a pesticidal product for export only, or whether the site is foreign and producing any pesticidal product for import into the United States. Past year means the calendar year immediately prior to that in which the report is submitted. Pesticidal product means a pesticide, active ingredient, or device. Pesticidal product report means information showing the types and amounts of pesticidal products which were: (1) Produced in the past calendar year; (2) produced in the current calendar year; and, (3) sold or distributed in the past calendar year. For active ingredients, the pesticidal product report must include information on the types and amounts of an active ingredient for which there is actual or constructive knowledge of its use or intended use as a pesticide. This pesticidal product report also pertains to those products produced for export only which must also be reported. A positive or a negative annual report is required in order to maintain registration for the establishment. Produce means to manufacture, prepare, propagate, compound, or process any pesticide, including any pesticide produced pursuant to section 5 of the Act, any active ingredient or device, or to package, repackage, label, relabel, or otherwise change the container of any pesticide or device. Producer means any person, as de�ned by the Act, who produces any pesticide, active ingredient, or device (including packaging, repackaging, labeling and relabeling). Sold or distributed means the aggregate amount of a pesticidal product released for shipment by the establishment in which the pesticidal product was produced. Type of pesticidal product refers to each individual product as identi�ed by: the product name; EPA Registration Number (or EPA File Symbol, if any, for planned products, or Experimental Permit Number, if the pesticide is produced under an Experimental Use Permit); active ingredients; production type (technical, formulation, repackaging, etc.); and, market for which the product was produced (domestic, foreign, etc.). In cases where a pesticide is not registered, registration is not applied for, or the pesticide is not produced under an Experimental Use Permit, the term shall also include the chemical formulation. Subpart B - Registration Requirements § 167.20 Establishments requiring registration. (a) Who must register. (1) Any establishment where a pesticidal product is produced must be registered with the Agency. This requirement does not apply to custom blenders as de�ned in this part. (2) Any establishment where a substance is produced must be registered with the Agency if the producer intends the substance to be used as an active ingredient of a pesticide, or has actual or constructive knowledge that the substance will be used by any person as an active ingredient of a pesticide. 9/16/21, 2:55 PM eCFR :: 40 CFR Part 167 -- Registration of Pesticide and Active Ingredient Producing Establishments, Submission of Pesticide Re… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-167 3/4 [53 FR 35058, Sept. 8, 1988; 54 FR 32638, Aug. 9, 1989, as amended at 58 FR 34203, June 23, 1993] Subparts C-D [Reserved] Subpart E - Recordkeeping and Reporting Requirements § 167.85 Reporting requirements. (3) Any domestic establishment producing a pesticidal product for export, or any unregistered pesticide, or any foreign establishment producing a pesticidal product for import into the United States must be registered. Also, any establishment, either foreign or domestic, which produces a pesticidal product for use under an Experimental Use Permit, FIFRA section 18 Emergency Exemption or section 24(c) Special Local Needs registration, must be registered. (b) Information required. An applicant for establishment registration must submit the following information: (1) Name and address of the company. (2) The type of ownership (individual, partnership, cooperative association, corporation, or any organized group of persons whether incorporated or not). (3) The name and address of each producing establishment for which registration is sought. (c) When to apply. An application for establishment registration must be submitted, and an establishment registration number must be assigned by the Agency, before any production may occur at an establishment. In the case of an establishment which has not previously been required to be registered and is not currently registered, the producer must apply for establishment registration by submitting an application within 180 days after the effective date of this regulation. (d) Assignment of establishment registration number. The Agency will return incomplete or inaccurately completed applications to the applicant. If the application is complete and accurate, the Agency will register the establishment and assign a registration number to the establishment. The establishment registration number will be entered on the application, and a copy of the application will be returned to the applicant. (e) Amendment. If at any time after the �rst report there is a change in the information required to be submitted under paragraph (b) of this section, that new information must be reported to EPA, in writing on letterhead stationery or on forms supplied by the Agency, within 30 days after such change occurs. (f) Duration of registration. Establishment registration will remain effective provided pesticide reports are submitted annually pursuant to the requirements of this part. Failure to submit a report may result in termination of establishment registration, civil and/or criminal penalty assessments. (a) Who must report. Each producer operating an establishment must submit the reports required by this section concerning any pesticide, active ingredient, or device produced at each establishment. Custom blenders are not required to report production to the Agency. (b) Information required. The pesticide report shall include the following: (1) Name and address of the establishment; https://www.federalregister.gov/citation/53-FR-35058 https://www.federalregister.gov/citation/54-FR-32638 https://www.federalregister.gov/citation/58-FR-34203 https://www.ecfr.gov/current/title-40/section-167.20#p-167.20(b) 9/16/21, 2:55 PM eCFR :: 40 CFR Part 167 -- Registration of Pesticide and Active Ingredient Producing Establishments, Submission of Pesticide Re… https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-167 4/4 [53 FR 35058, Sept. 8, 1988; 54 FR 32638, Aug. 9, 1989, as amended at 58 FR 34203, June 23, 1993] § 167.90 Where to obtain and submit forms. U.S. Environmental Protection Agency, O�ce of Enforcement and Compliance Assurance, O�ce of Compliance, Agriculture and Ecosystems Division (2225A), Ariel Rios Building, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460, ATTN: FIFRA Foreign Establishment Registration Contact. [53 FR 35058, Sept. 8, 1988; 54 FR 32638, Aug. 9, 1989, as amended at 62 FR 49620, Sept. 23, 1997; 65 FR 4577, Jan. 31, 2000] (2) amount of each pesticidal product: (i) Produced during the past year; (ii) sold or distributed during the past year; (iii) estimated to be produced during the current year. The report shall only include those pesticidal products actually produced at the reporting establishment. Reports submitted by foreign-producing establishments shall cover only those pesticidal products exported to the United States. (c) How to report. The reports required by this section must be made on forms supplied by the Agency. It is the ultimate responsibility of companies to obtain, complete, and submit the form each year. (d) When to report. A producer operating an establishment must submit an initial report no later than 30 days after the �rst registration of each establishment the producer operates. Thereafter, the producer must submit an annual report on or before March 1 of each year, even if the producer has produced no pesticidal product for that reporting year. (a) Where to obtain forms. Any person may obtain blank forms for the applications and reports required by this part from any EPA Regional O�ce, or from the address listed in paragraph (b) of this section. (b) Where to submit applications and reports. Each producer operating an establishment, with the exception of those establishments not found at the same location as their company headquarters, must submit applications and reports required by this part to the EPA Regional O�ce which serves the area where the establishment is located. The list of Regional O�ce addresses is found in 40 CFR 1.7. Applications and reports for those establishments not found at the same location as their company headquarters to be submitted by the company headquarters to the Regional O�ce having jurisdiction over the State in which the company headquarters is located. A foreign producer who exports any pesticide product, device, or active ingredient to the United States must submit all applications and reports to: https://www.federalregister.gov/citation/53-FR-35058 https://www.federalregister.gov/citation/54-FR-32638 https://www.federalregister.gov/citation/58-FR-34203 https://www.federalregister.gov/citation/53-FR-35058 https://www.federalregister.gov/citation/54-FR-32638 https://www.federalregister.gov/citation/62-FR-49620 https://www.federalregister.gov/citation/65-FR-4577 https://www.ecfr.gov/current/title-40/section-167.90#p-167.90(b) https://www.ecfr.gov/current/title-40/section-1.7 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 1/13 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 168 - STATEMENTS OF ENFORCEMENT POLICIES AND INTERPRETATIONS Authority: 7 U.S.C. 136-136y. Source: 54 FR 1125, Jan. 11, 1989, unless otherwise noted. Subpart A - General Provisions [Reserved] Subpart B - Advertising § 168.22 Advertising of unregistered pesticides, unregistered uses of registered pesticides and FIFRA section 24(c) registrations. View table of contents for this page (a) FIFRA sections 12(a)(1) (A) and (B) make it unlawful for any person to “offer for sale” any pesticide if it is unregistered, or if claims made for it as part of its distribution or sale differ substantially from any claim made for it as part of the statement required in connection with its registration under FIFRA section 3. EPA interprets these provisions as extending to advertisements in any advertising medium to which pesticide users or the general public have access. (b) EPA regards it as unlawful for any person who distributes, sells, offers for sale, holds for sale, ships, delivers for shipment, or receives and (having so received) delivers or offers to deliver any pesticide, to place or sponsor advertisements which recommend or suggest the purchase or use of: (1) Any pesticide for a use authorized under a FIFRA section 5 experimental use permit (EUP). (2) Any pesticide for a use authorized under a FIFRA section 18 emergency exemption, except for advertisements that: (i) Are placed in media which address primarily persons in the geographical area to which the exemption applies. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 2/13 Subpart C [Reserved] Subpart D - Export Policy and Procedures for Exporting Pesticides Source: 58 FR 9085, Feb. 18, 1993, unless otherwise noted. § 168.65 Applicability. [80 FR 75754, Dec. 19, 2014] (ii) State the name and address of one or more retail dealers who stock the pesticide. (iii) Contain a prominent notice of the limitations on use under the section 18 emergency exemption. (3) Any pesticide for any use authorized only by a FIFRA section 24(c) special local need registration, unless the advertisement contains a prominent notice of the limitations on use under the section 24(c) registrations. (4) Any unregistered pesticide for any use unless the advertisement is one permitted by paragraph (b) (2) or (3) of this section. (5) A registered pesticide product for an unregistered use, unless the advertisement is one permitted by paragraph (b) (2) or (3) of this section. However, as a matter of policy, the Agency will not regard as unlawful the advertisement of uses permitted by FIFRA section 2(ee) provided the product is not an antimicrobial pesticide targeted against human pathogens (see 51 FR 19174; May 28, 1986). (c) For purposes of paragraph (b) of this section, a “prominent notice of the limitations on use” is one which sets forth the limitations on use in a manner reasonably likely to be understood by persons to whom the advertisement is addressed. For printed advertising, this criterion will be met by a legend in 6-point or larger type. (a) This subpart describes the labeling requirements applicable to pesticide products and devices that are intended solely for export from the United States under the provisions of FIFRA section 17(a). (b) This subpart applies to all export pesticide products and export pesticide devices that are exported for any purpose, including research. (c) Export pesticide products and export pesticide devices are also subject to requirements for pesticide production reporting, recordkeeping and inspection, and purchaser acknowledgement provisions that can be found in the following parts: (1) Pesticide production reporting requirements under FIFRA section 7 are located in part 167 of this chapter (as referenced in § 168.85(b)). (2) Recordkeeping and inspection requirements under FIFRA section 8 are located in part 169 of this chapter (as referenced in § 168.85(a)). (3) Purchaser acknowledgement statement provisions under FIFRA section 17(a) are located in § 168.75. https://www.federalregister.gov/citation/80-FR-75754 https://www.ecfr.gov/current/title-40/section-168.22#p-168.22(b)(2) https://www.ecfr.gov/current/title-40/section-168.22#p-168.22(b)(3) https://www.ecfr.gov/current/title-40/section-168.22#p-168.22(b)(2) https://www.ecfr.gov/current/title-40/section-168.22#p-168.22(b)(3) https://www.federalregister.gov/citation/51-FR-19174 https://www.ecfr.gov/current/title-40/section-168.22#p-168.22(b) https://www.ecfr.gov/current/title-40/part-167 https://www.ecfr.gov/current/title-40/section-168.85#p-168.85(b) https://www.ecfr.gov/current/title-40/part-169 https://www.ecfr.gov/current/title-40/section-168.85#p-168.85(a) https://www.ecfr.gov/current/title-40/section-168.75 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 3/13 § 168.66 Labeling of pesticide products and devices for export. Any label and labeling information requirements in §§ 168.69, 168.70, and 168.71 that are not met fully on the product label attached to the immediate product container may be met by collateral labeling that is either: [80 FR 75754, Dec. 19, 2014] § 168.67 De�initions. Terms used in this subpart have the same meanings as in the Act and as in § 152.3 of this chapter, unless otherwise de�ned in this section. Export pesticide device means a device, as de�ned in FIFRA section 2(h), that is intended solely for export from the United States to another country. Export pesticide product means a pesticide product, as de�ned in § 152.3 of this chapter, that is intended solely for export from the United States to another country. [78 FR 4077, Jan. 18, 2013] § 168.68 [Reserved] § 168.69 Registered export pesticide products. (a) Attached to the immediate product (container label); or (b) Attached to or accompanies the shipping container of the export pesticide or export device at all times when it is shipped or held for shipment in the United States. (a) Each export pesticide product that is registered under FIFRA section 3 or FIFRA section 24(c) must bear labeling approved by EPA for its registration or collateral labeling in compliance with § 168.66. (b) For the purposes of this subpart, a registered export pesticide product is considered to be any of the following: (1) A pesticide product of composition, packaging and labeling as described in its registration under FIFRA section 3; (2) A pesticide product that has been modi�ed in compliance with the noti�cation or non-noti�cation provisions of § 152.46 of this chapter, and any associated procedures issued under § 156.10(e) of this chapter, regardless of whether such modi�cation has been made for the pesticide product's registration under FIFRA section 3; (3) A pesticide product initially registered by a State under FIFRA section 24(c), and whose Federal registration has not been disapproved by EPA under § 162.164 of this chapter. (c) The text of the labeling of the export pesticide product must be provided in English and, if applicable, the following foreign languages: (1) The predominant or o�cial language of the country of �nal destination, if known; and https://www.ecfr.gov/current/title-40/section-168.69 https://www.ecfr.gov/current/title-40/section-168.70 https://www.ecfr.gov/current/title-40/section-168.71 https://www.federalregister.gov/citation/80-FR-75754 https://www.ecfr.gov/current/title-40/section-152.3 https://www.ecfr.gov/current/title-40/section-152.3 https://www.federalregister.gov/citation/78-FR-4077 https://www.ecfr.gov/current/title-40/section-168.66 https://www.ecfr.gov/current/title-40/section-152.46 https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(e) https://www.ecfr.gov/current/title-40/section-162.164 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 4/13 [78 FR 4077, Jan. 18, 2013, as amended at 79 FR 75754, Dec. 19, 2014] § 168.70 Unregistered export pesticide products. (2) The predominant or o�cial language of the importing country. (a) Any export pesticide product that does not meet the terms of § 168.69 is an unregistered export pesticide product for purposes of this subpart. (b) Each unregistered export pesticide product must bear labeling that complies with all requirements of this section or collateral labeling in compliance with § 168.66. (1) The labeling must comply with all of the prominence and legibility requirements of § 156.10(a)(2) of this chapter. (2) The labeling must comply with all the language requirements in §§ 168.69(c) and 156.10(a)(3) of this chapter. (3) The labeling must bear the following information: (i) The name and address of the producer, in accordance with the requirements of § 156.10(c) of this chapter; (ii) The net weight or measure of contents, in accordance with the requirements of § 156.10(d) of this chapter; (iii) The pesticide producing establishment number, in accordance with the requirements of § 156.10(f) of this chapter; (iv) An ingredients statement, in accordance with the requirements of § 156.10(g) of this chapter, except that: (A) The ingredients statement need not appear in a second language besides English if English is the o�cial or predominant language in the importing country and the country of �nal destination, if known; and (B) An export pesticide product intended solely for research and development purposes, (and which bears the statement “For research and development purposes only. Not for distribution, sale, or use,” or similar language) may bear coded ingredient information to protect con�dentiality. (v) Human hazard and precautionary statements in accordance with the requirements of subpart D of part 156 of this chapter. The statements must be true and accurate translations of the English statements. (vi) The statement “Not Registered for Use in the United States of America,” which may be ampli�ed by additional statements accurately describing the reason(s) why the export pesticide product is not registered in the United States, or is not registered for particular uses in the United States. (c) This section also applies to all unregistered pesticide products and devices that are intended solely for export and that are transferred, distributed, or sold between registered establishments operated by the same producer according to § 152.30(a) of this chapter if: (1) The transfer, distribution or sale occurs between a point in the United States and a point outside the United States, or https://www.federalregister.gov/citation/78-FR-4077 https://www.federalregister.gov/citation/79-FR-75754 https://www.ecfr.gov/current/title-40/section-168.69 https://www.ecfr.gov/current/title-40/section-168.66 https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(a)(2) https://www.ecfr.gov/current/title-40/section-168.69#p-168.69(c) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(a)(3) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(c) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(d) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(f) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(g) https://www.ecfr.gov/current/title-40/part-156/subpart-D https://www.ecfr.gov/current/title-40/section-152.30#p-152.30(a) 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 5/13 [78 FR 4077, Jan. 18, 2013, as amended at 79 FR 75754, Dec. 19, 2014] § 168.71 Export pesticide devices. [78 FR 4077, Jan. 18, 2013, as amended at 79 FR 75754, Dec. 19, 2014] § 168.75 Procedures for exporting unregistered pesticides - purchaser acknowledgement statements. This section describes how EPA interprets and will enforce requirements of FIFRA section 17(a)(2). Section 17(a)(2) provides that any person exporting a pesticide other than a pesticide registered for use under FIFRA section 3 or sold under FIFRA section 6(a)(1), shall obtain a statement signed by the foreign purchaser prior to export, acknowledging that the purchaser understands that such pesticide is not registered for use in the United States and cannot be sold in the United States. Section 17(a)(2) requires that a copy of the statement be transmitted to an appropriate o�cial of the government of the importing country. (2) The transfer occurs within the United States solely for the purpose of export from the United States. (a) Each export pesticide device sold or distributed anywhere in the United States must bear labeling that complies with all requirements of this section or collateral labeling in compliance with § 168.66. (b) The labeling of each export pesticide device must meet all of the prominence and legibility requirements of § 156.10(a)(2) of this chapter. (c) The labeling must also comply with all the language requirements in § 168.69(c) and § 156.10(a)(3) of this chapter. (d) The labeling must bear the following information: (1) The name and address of the producer, meeting the requirements of § 156.10(c) of this chapter; (2) The producing establishment number, meeting the requirements of § 156.10(f) of this chapter; (3) The statement “Not Registered for Use in the United States of America,” which may be ampli�ed by additional statements describing the reason why the export pesticide device is not registered in the United States, such as “because pesticide devices are not required to be registered in the United States.” (e) An export pesticide device is not required to bear an ingredients statement. (a) Products subject to the requirement. EPA will not consider an exporter of an unregistered pesticide to be in violation of FIFRA section 17(a)(2) if, prior to export of the pesticide, the exporter submits to EPA a statement signed by the foreign purchaser which a�rms that the purchaser is aware that the pesticide is not registered for use in the United States and cannot be sold for use in the United States. The exporter must also include with the submission of the purchaser acknowledgement statement to EPA, a certi�cation signed by the exporter a�rming that the export did not occur until the statement signed by the foreign purchaser was obtained by the exporter. Except as provided in paragraph (b) of this section, all pesticide products produced for export which cannot be sold for use in https://www.federalregister.gov/citation/78-FR-4077 https://www.federalregister.gov/citation/79-FR-75754 https://www.federalregister.gov/citation/78-FR-4077 https://www.federalregister.gov/citation/79-FR-75754 https://www.ecfr.gov/current/title-40/section-168.66 https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(a)(2) https://www.ecfr.gov/current/title-40/section-168.69#p-168.69(c) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(a)(3) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(c) https://www.ecfr.gov/current/title-40/section-156.10#p-156.10(f) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(b) 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 6/13 the United States in the form that they are produced for export, are considered to be unregistered pesticides. This includes pesticides which are of a different formulation, including composition (except for variation within certi�ed limits), or type of formulation, and pesticides which are packaged for use patterns for which they are not registered, which may be evidenced by package type or label use statements. This also includes unregistered products which are under development as pesticidal products and which are being exported for research testing. (b) Exceptions. Under the speci�c circumstances discussed below, EPA will not treat a registered product which has been modi�ed slightly for export purposes, as unregistered for the purposes of the purchaser acknowledgement statement requirement. Any changes to the registered product for export purposes must be documented in accordance with the record-keeping requirements at § 169.2 of this chapter and this policy. (1) Labeling on immediate product. EPA will not treat as unregistered for the purposes of section 17(a)(2), a registered pesticide product which cannot be sold or distributed for use in the United States because its immediate product container does not bear a label approved under a FIFRA section 3 registration, but which could be sold or distributed in the United States with the approved label attached to the immediate product container, provided that the label and labeling approved under a current FIFRA section 3 registration for the product is either attached to the immediate product container or accompanies the product at all times as supplemental labeling as provided in paragraph (c) of this section. (2) Packaging. (i) Certain changes may be made to a product's labeling or packaging without affecting the registration status of the product, as speci�ed in § 152.46(b) of this chapter and this policy. These changes include any changes in package size and label net contents, provided no change in use directions or requirement for child-resistant packaging would be necessary for the product to be registered for use in the United States. For example, if child-resistant packaging is required for a particular pesticide product in the United States, and the product will be exported without child-resistant packaging, the product would be considered unregistered and therefore subject to all the requirements of FIFRA section 17(a), as described in § 168.75 of this chapter including the requirement for a purchaser acknowledgement statement. (ii) If an exporter needed to repackage a product in a size to meet a foreign purchaser's speci�cations, that modi�cation would not affect the registration status of the export product. Other modi�cations to the label used for export purposes which will not affect the export product's registration status are: the use of metric units for net contents, dosages, and other numeric expressions; the use of a different format for the label, provided that the information does not contradict the U.S. label; revision of non-mandatory U.S. label statements, consistent with 40 CFR part 156, including additions or changes required by other Federal statutes or regulations; a change of the name or address of the registrant, except for a change resulting from transfer of ownership, which requires that a registrant keep his name and address current with the Agency; and any correction of typographical or printing errors that appeared on the U.S. labeling. (See § 152.46(b)). (3) Labeling statements. The following statements which appear on any of the product labels or labeling will not affect the status of the product, provided that they do not contradict the approved FIFRA section 3 labeling: https://www.ecfr.gov/current/title-40/section-169.2 https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c) https://www.ecfr.gov/current/title-40/section-152.46#p-152.46(b) https://www.ecfr.gov/current/title-40/section-168.75 https://www.ecfr.gov/current/title-40/part-156 https://www.ecfr.gov/current/title-40/section-152.46#p-152.46(b) 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 7/13 (i) It is permissible to add explanatory language which accurately explains the meaning of a use classi�cation. For example, the statement “restricted use pesticide” may be expanded to read: “Restricted in the United States of America to use by certi�ed applicators” or “Restricted Use Pesticide. In The United States this product is restricted to use by applicators determined by each state to be competent in pesticide application and the human health and environmental consequences of misuse.” If the explanatory language falsely represents or is misleading regarding the U.S. use classi�cation, the product will be considered misbranded. In addition, a use classi�cation can only be listed if one has been assigned pursuant to the U.S. registration. (ii) An exporter who is also the manufacturer of a U.S. registered pesticide may add new uses to the label of that product for export purposes, without triggering the requirements of section 17(a)(2), as long as the new uses are within the same general use patterns as those for the registered product. The general pesticide use patterns are: terrestrial food crop and terrestrial non-food crop; greenhouse food crop and greenhouse nonfood crop; aquatic food crop and aquatic nonfood crop' indoor use' and forestry use. Adding new uses to the label which change the use pattern, such as changes from nonfood to food use, outdoor to indoor use, or terrestrial to aquatic use, render the product unregistered and subject to the requirements of section 17 for unregistered products. If the new use added to the label is a food or feed use, a tolerance must already be established for the use of that pesticide in or on that commodity. (4) Composition. EPA will not treat a registered product as unregistered for the purposes of the purchaser acknowledgement statement requirement under the following speci�c circumstances: (i) The formula of the exported product is within certi�ed limits of the formula of the U.S. registered product. (ii) An exporter, who is also the manufacturer of a U.S. registered pesticide, may decrease the percentage of the active ingredient(s) of that product by adding a List 4 inert ingredient, without causing the product to be treated as “unregistered” and triggering the requirement to obtain a purchaser acknowledgement statement as a condition for export. In EPA's Policy Statement on Inert Ingredients in Pesticide Products, EPA included inert ingredients on List 4-a list of inert ingredients posing minimal hazard or risk-if the inert ingredients were generally regarded as innocuous. The provisions of this paragraph do not apply to those pesticide products intended for public health uses which are required or conditionally required to submit e�cacy data pursuant to § 158.400 or § 161.640 of this chapter, as applicable. Any differences in formula or composition caused by adding a List 4 inert must be re�ected in records which show the complete formula of the export product in accordance with the requirements of § 169.2 and this policy. (iii) A change in the color or fragrance of the export product will not affect the product's registration status as long as the following conditions are met. The change in color must result only from the addition of a dye included on the list of the chemicals exempted from the requirement of a tolerance at 40 CFR 180.910, 180.920, 180.930, and 180.950, and the dye must not be a List 1 inert. (List 1 inerts are those inerts which the Agency has identi�ed as presenting toxicological concerns. The classi�cation of inerts is explained in EPA's Policy Statement on Inert Ingredients in Pesticide Products. The change in fragrance must result only from the addition of a chemical included on the list of the https://www.ecfr.gov/current/title-40/section-158.400 https://www.ecfr.gov/current/title-40/section-161.640 https://www.ecfr.gov/current/title-40/section-169.2 https://www.ecfr.gov/current/title-40/section-180.910 https://www.ecfr.gov/current/title-40/section-180.920 https://www.ecfr.gov/current/title-40/section-180.930 https://www.ecfr.gov/current/title-40/section-180.950 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 8/13 chemicals exempted from the requirement of a tolerance at 40 CFR 180.910, 180.920, 180.930, and 180.950, and the chemical must not be a List 1 inert. The change in fragrance must not result in a pesticide product containing a food or food-like fragrance. (See “Food Fragrances in Pesticide Formulations,” EPA's O�ce of Pesticide Programs Policy and Criteria Notice number 2155.1, November 20, 1975.) Any difference in color or fragrance of the export product in accordance with this section must be re�ected in records which show the complete formula of the export product in accordance with the requirements of § 169.2 and this policy. (5) Research and development products. An unregistered pesticide product exported only for research and development purposes is subject to the noti�cation requirements of this section, unless its use �ts within the criteria described in this paragraph. (i) An unregistered pesticide product exported solely for research and development purposes will not be considered to be in violation of the noti�cation requirements if the export of the research and development product: (A) Would not involve land uses of more than 10 acres (4.05 hectares), or be used on or affect food or feed crops which are intended for consumption. (B) Would not involve aquatic uses of more than 1 acre (0.405 hectares), or any aquatic uses which involve water used for irrigation, drinking or recreation, or be used on or affect plants or animals taken for food or feed from such waters. (C) Would not involve tests on animals intended for food or feed. (ii) Shipments to different purchasers, to different countries of �nal destination, or which occur more than a calendar year apart will be evaluated separately. When determining whether total shipments exceed the criteria described in this paragraph, EPA will evaluate the total amount of shipments by a single exporter during a calendar year for use in a particular country. (iii) An exporter bears the burden of demonstrating that the product meets these criteria before the research product is shipped. This may be met by documenting before the product is shipped and maintaining records for the time period required by § 169.2(h) of this chapter from the date of the last shipment relevant to such records. The records to be maintained consist of: (A) The identity of the purchaser and country of intended use of the research product. (B) The amount shipped. (C) The intended research use by the purchaser, including the type of application site, rate of application, and measures taken for protection of humans from direct or dietary exposure. (c) Procedures. An exporter of an unregistered pesticide product must submit a purchaser acknowledgement statement to EPA containing the information stated in paragraph (c)(1) of this section, and a statement signed by the exporter certifying that the exportation did not occur until the signed acknowledgement statement had been obtained from the purchaser. If the foreign purchaser signs a purchaser acknowledgement statement in https://www.ecfr.gov/current/title-40/section-180.910 https://www.ecfr.gov/current/title-40/section-180.920 https://www.ecfr.gov/current/title-40/section-180.930 https://www.ecfr.gov/current/title-40/section-180.950 https://www.ecfr.gov/current/title-40/section-169.2 https://www.ecfr.gov/current/title-40/section-169.2#p-169.2(h) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(1) 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 9/13 their own language, it must be accompanied by an English translation when it is submitted to EPA by the exporter. These statements shall be submitted in accordance with one of the two options for submission described in paragraph (c)(2) of this section. (1) Contents of the purchaser acknowledgement statements. The purchaser acknowledgement statement must include the following information in a format that is clearly understandable: (i) Name, address, and EPA identi�cation number, if applicable, of the exporter. (ii) Name and address of the foreign purchaser. (iii) Identity of the product and the active ingredient(s), including: (A) The Chemical Abstract Services (CAS) Registry number for each active ingredient. (B) The chemical nomenclature for each active ingredient as used by the International Union of Pure and Applied Chemists (IUPAC). (C) Other known chemical or common names; or if the export involves a research product, a code name or identi�cation number that can be used by EPA to identify the product from the exporter's records. If a code name or identi�cation number is used, additional information must be attached to the certi�cation statement submitted with the purchaser acknowledgement statement which will enable EPA to identify the product. This attached information may be claimed as con�dential, and EPA will not forward this information with the purchaser acknowledgement statement to foreign governments. (iv) If known or reasonably ascertainable, the country or countries of �nal destination of the export shipment, i.e., where the exported pesticide is intended to be used, if different from the country of the foreign purchaser's address. (v) A statement that indicates that the foreign purchaser understands that the product is not registered for use in the United States and cannot be sold in the United States. (vi) The signature of the foreign purchaser. (vii) The date of the foreign purchaser's signature. (2) Reporting options. At the discretion of the exporter, the requirements of paragraph (c)(1) of this section may be met on a per-shipment or annual basis, as stated in paragraphs (c)(2)(i) and (c)(2)(ii) of this section. If the procedures in paragraph (c) (2)(ii) of this section are not followed, EPA will consider paragraph (c)(2)(i) of this section, requiring pershipment purchaser acknowledgement statements, to be applicable in full. Where paragraph (c)(2)(i) of this section is applicable, each shipment which does not meet the requirements of that paragraph will be considered to be a separate violation of FIFRA. (i) Per-shipment purchaser acknowledgment statement. Unless the exporter chooses to follow the procedures described in paragraph (c)(2)(ii) of this section for the annual reporting procedures, the exporter must obtain and submit to EPA, a signed purchaser acknowledgement statement prior to each shipment of an unregistered pesticide according to the following procedures: https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(1) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(i) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(ii) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(ii) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(i) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(i) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(ii) 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 10/13 (A) Prior to each shipment in a calendar year of an unregistered pesticide product to a particular purchaser in a foreign country, the exporter must provide the foreign purchaser with instructions about the required information on a purchaser acknowledgement statement, and inform the foreign purchaser that the pesticide product cannot be exported from the United States until the exporter has received from the foreign purchaser a properly completed, signed, and dated acknowledgment statement. (B) The exporter must obtain, prior to each shipment in a calendar year of an unregistered pesticide product to a particular purchaser in a foreign country, a signed purchaser acknowledgment statement which contains the information set forth in paragraph (c)(1) of this section. (C) The exporter must sign a statement certifying that export did not take place until a signed purchaser acknowledgement statement was received. The exporter must also specify the chemical identity of any research product which is referred to by code in the purchaser acknowledgement statement. The information regarding the speci�c identity of research products, which may be included in the statement or consist of an attachment to the certi�cation, may be claimed as con�dential. (D) The exporter must submit the signed acknowledgement statement from the foreign purchaser, and the accompanying certi�cation by the exporter including attachments, to EPA within 7 working days of the exporter's receipt of the purchaser acknowledgement statement, or by the date of export, whichever occurs �rst. This information must be transmitted to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b), Attention: Purchaser Acknowledgement Statement. (ii) Annual reporting procedures. Unless the exporter chooses to follow the per shipment reporting option described in paragraph (c)(2)(i) of this section, the exporter must follow the procedures for annual summary reporting which include the requirement of a purchaser acknowledgement statement for the �rst shipment each calendar year of an unregistered pesticide product to a particular purchaser, and an annual summary of shipments to that purchaser. The annual summary reporting procedures are as follows: (A) Prior to the �rst shipment each calendar year of an unregistered pesticide product to a particular purchaser in a foreign country, the exporter must provide the foreign purchaser with instructions about the required information on a purchaser acknowledgement statement, and inform the foreign purchaser that the pesticide product cannot be exported from the United States until the exporter has received from the foreign purchaser a properly completed, signed, and dated purchaser acknowledgement statement. (B) The exporter must obtain, prior to the �rst shipment each calendar year of an unregistered pesticide product to a particular purchaser in a foreign country, a signed purchaser acknowledgement statement which contains the information set forth in paragraph (c)(1) of this section. (C) The exporter must sign a statement certifying that export did not take place until a signed purchaser acknowledgement statement was received, indicating that this statement is for the �rst shipment to a particular purchaser in a speci�c country for that calendar year, and that the https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(1) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(i) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(1) 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 11/13 exporter will meet all the purchaser acknowledgement statement requirements as described in this paragraph (c)(2)(ii) of this section. The exporter must also specify the chemical identity of any research product which is referred to by code in the purchaser acknowledgement statement. The information regarding the speci�c identity of research products, which may be included in the statement or consist of an attachment to the certi�cation, may be claimed as con�dential. (D) The exporter must submit the signed acknowledgement statement from the foreign purchaser, and the accompanying certi�cation by the exporter including attachments, to EPA within 7 working days of the exporter's receipt of the purchaser acknowledgement statement, or by the date of export, whichever occurs �rst. This information must be transmitted to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b), Attention: Purchaser Acknowledgement Statement. (E) The exporter, who has chosen to comply with the requirements of this paragraph instead of providing per-shipment purchaser acknowledgement statements in accordance with paragraph (c)(2)(i) of this section, must submit an annual summary report to EPA. An annual summary report is required for each unregistered pesticide exported within the preceding calendar year. The report must be in writing, signed by the exporter, and include the following information: (1) Name, address, and EPA identi�cation number if applicable, of the exporter. (2) Name and address of the foreign purchaser, and the date the purchaser acknowledgement statement, submitted to EPA during the previous calendar year, was signed by the purchaser. (3) The identity of the product and the active ingredients, including: the Chemical Abstract Services (CAS) registry number for each active ingredient, the chemical nomenclature for each active ingredient used by the International Union of Pure and Applied Chemists (IUPAC), and other known chemical or common names, or if the export involves a research product, the code name or identi�cation number that can be used by EPA to identify the product from the exporter's records. (4) The dates of each shipment of the pesticide exported to the foreign purchaser during that calendar year. (5) If known, or reasonably ascertainable, the country or countries of �nal destination of the export shipments, i.e., where the exported pesticide was intended to be used, if different from the foreign purchaser's address. (F) The exporter shall submit the annual summary no later than March 1st of the following calendar year. The annual summary shall be sent to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b), Attention: Annual Summary of Exports. https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(ii) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(i) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 12/13 [58 FR 9085, Feb. 18, 1993, as amended at 69 FR 23117, Apr. 28, 2004; 71 FR 35546, June 21, 2006; 72 FR 61029, Oct. 26, 2007] § 168.85 Other export requirements. This section describes other requirements found in regulations that apply to exporters of pesticides, devices, and active ingredients used in producing a pesticide. (iii) Con�dentiality claims. Persons submitting the information speci�ed in the purchaser acknowledgement statement may assert a claim of business con�dentiality by marking the information claimed con�dential as “FIFRA Con�dential Business Information.” Information so claimed will not be disclosed, with the exception of disclosure to the foreign governments, except in accordance with the procedures set forth in 40 CFR part 2, 7 U.S.C. 136(h), and this policy statement. If such claim is not asserted, EPA may disclose the information to the public without providing further notice prior to disclosure or an opportunity to object. Notwithstanding any claim of con�dentiality, the purchaser acknowledgement statement will continue to be forwarded to the appropriate foreign government o�cials in its entirety, as required by section 17(a)(2). (3) Recordkeeping. Except as speci�cally stated, the requirement to retain records under part 169 of this chapter applies to all pesticide producers, regardless of whether a particular product is intended for export. All records shall be maintained in accordance with the time period required by § 169.2(h) of this chapter. Producers must also maintain certain records pertaining to pesticide products intended for export. In addition to the requirement that a copy of the purchaser acknowledgement statement be kept, as stated at § 169.2(h)(3) of this chapter, the following records must be maintained: (i) Copies of the instructions provided to foreign purchasers in accordance with paragraphs (c)(2)(i)(A) and (c)(2)(ii)(A) of this section. (ii) Copies of signed purchaser acknowledgement statements obtained according to paragraphs (c)(2)(i)(B) and (c)(2)(ii)(B) of this section. (iii) Copies of the certi�cation from the exporter; and copies of any accompanying information regarding the identity of coded R&D products. (d) Agency transmission of purchaser acknowledgement statements. EPA will transmit a copy of each purchaser acknowledgement statement to the appropriate government o�cial in each of the intended destination countries. After receipt of the Annual Summary the following calendar year, EPA will also transmit a copy of that document to the appropriate government o�cial in each of the intended destination countries. In the case that no Annual Summary has been received within 30 days of the date at which such summary is required to be submitted, EPA will send written noti�cation to the appropriate government o�cial indicating that no summary was submitted, and may also take enforcement action against the exporter. (a) Recordkeeping and inspection. Exporters of pesticides, devices and active ingredients must keep records and permit inspections of those records in accordance with part 169 of this chapter. Exporters must keep records of the product labeling used, including the EPA registered labeling, any foreign labeling on or attached to the product when shipped, and, as applicable, any supplemental labeling used. Producers of pesticides for export shall maintain these records in a manner that shows exactly which labels and labeling https://www.federalregister.gov/citation/58-FR-9085 https://www.federalregister.gov/citation/69-FR-23117 https://www.federalregister.gov/citation/71-FR-35546 https://www.federalregister.gov/citation/72-FR-61029 https://www.ecfr.gov/current/title-40/part-2 https://www.govinfo.gov/link/uscode/7/136 https://www.ecfr.gov/current/title-40/part-169 https://www.ecfr.gov/current/title-40/section-169.2#p-169.2(h) https://www.ecfr.gov/current/title-40/section-169.2#p-169.2(h)(3) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(i)(A) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(ii)(A) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(i)(B) https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c)(2)(ii)(B) https://www.ecfr.gov/current/title-40/part-169 9/16/21, 2:56 PM eCFR :: 40 CFR Part 168 -- Statements of Enforcement Policies and Interpretations https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-168 13/13 accompanied each shipment of a pesticide product to a foreign country. As stated at § 168.75(c), when research product identity information appears on the labeling in an encoded manner, information translating the code shall be maintained in records. These records shall be maintained for the time period required by § 169.2(h) of this chapter following the last export of such pesticides. All records required by part 169 of this chapter shall be made available for inspection and copying by EPA or its duly authorized representatives. (b) Pesticide production establishment requirements. Exporters of pesticides, devices, and active ingredients must submit annual reports to EPA in accordance with part 167 of this chapter, concerning those products that are exported. All products required to be labeled “Not Registered for Use in the United States of America” must be reported as unregistered production regardless of whether a purchaser acknowledgement statement is required. https://www.ecfr.gov/current/title-40/section-168.75#p-168.75(c) https://www.ecfr.gov/current/title-40/section-169.2#p-169.2(h) https://www.ecfr.gov/current/title-40/part-169 https://www.ecfr.gov/current/title-40/part-167 9/16/21, 2:57 PM eCFR :: 40 CFR Part 169 -- Books and Records of Pesticide Production and Distribution https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-169 1/5 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 169 - BOOKS AND RECORDS OF PESTICIDE PRODUCTION AND DISTRIBUTION Authority: 7 U.S.C. 136f and 136w. Source: 45 FR 54338, Aug. 15, 1980, unless otherwise noted. § 169.1 De�initions. Terms used in this part shall have the meanings set forth for such terms in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, as used in this part, the following terms shall have the meanings set forth below: View table of contents for this page (a) Amount of pesticide or active ingredient. The term “amount of pesticide or active ingredient” means the weight or volume of the pesticide or active ingredient used in producing a pesticide expressed as weight for solid or semi-solid products and as weight or volume of liquid products. (b) Batch. The term “batch” means a quantity of a pesticide product or active ingredient used in producing a pesticide made in one operation or lot or if made in a continuous or semi continuous process or cycle, the quantity produced during an interval of time to be speci�ed by the producer. (c) Device. The term “device” means any device or class of device as de�ned by the Act and determined by the Administrator to be subject to the provisions of the Act. (d) Inability. The term “inability” means the incapacity of any person to maintain, furnish or permit access to any records under this Act and regulations, where such incapacity arises out of causes beyond the control and without the fault or negligence of such person. Such causes may include, but are not restricted to acts of God or of the public enemy, �res, �oods, epidemics, quarantine restrictions, strikes, and unusually severe weather, but in every case, the failure must be beyond the control and without the fault or negligence of said person. (e) Producer. The term “producer” means the person, as de�ned by the Act, who produces or imports any pesticide or device or active ingredient used in producing a pesticide. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-169 9/16/21, 2:57 PM eCFR :: 40 CFR Part 169 -- Books and Records of Pesticide Production and Distribution https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-169 2/5 § 169.2 Maintenance of records. All producers of pesticides, devices, or active ingredients used in producing pesticides subject to this Act, including pesticides produced pursuant to an experimental use permit and pesticides, devices, and pesticide active ingredients produced for export, shall maintain the following records: (a) Records showing the product name, EPA Registration Number, Experimental Permit Number if the pesticide is produced under an Experimental Use Permit, amounts per batch and batch identi�cation (numbers, letters, etc.) of all pesticides produced. In cases where the product is an active ingredient used in producing a pesticide or where the product is a pesticide which is not registered, is not the subject of an application for registration, or is not produced under an Experimental Use Permit, the records shall also show the complete formula. The batch identi�cation shall appear on all production control records. These records shall be retained for a period of two (2) years. (b) Records showing the brand names and quantities of devices produced. These records shall be retained for a period of two (2) years. (c) Records showing the following information regarding the receipt, by the producer, of all pesticides, devices, and active ingredients used in producing pesticides: (1) Brand name of the pesticide or device, or common or chemical name of the pesticide active ingredient; (2) Name and address of shipper; (3) Name of delivering carrier; (4) Date received; and (5) Quantities received. These records are not intended to cover receipt of pesticides used for in-plant maintenance, extermination, or sanitation programs, etc. Shipping and receiving documents such as invoices, freight bills, receiving tickets, etc., which provide the required information will be considered satisfactory for the purposes of this section. These records shall be retained for a period of two (2) years. (d) Records showing the following information regarding the shipment of all pesticides, devices, and active ingredients used in producing pesticides: (1) Brand name of pesticide or device, or the common or chemical name of the pesticide active ingredient; (2) Name and address of consignee; (3) Where the pesticide is produced pursuant to an experimental use permit (FIFRA section 5), a special exemption (section 18), or a special local need (section 24), the information required under these sections and any regulations promulgated thereto regarding the distribution of such pesticides; (4) Name of originating carrier; (5) Date shipped or delivered for shipment; and (6) Quantities shipped or delivered for shipment. 9/16/21, 2:57 PM eCFR :: 40 CFR Part 169 -- Books and Records of Pesticide Production and Distribution https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-169 3/5 Such records are required regardless of whether any shipment or receipt of shipment is between plants owned or otherwise controlled by the same person. Shipping and receiving documents such as invoices, freight bills, receiving tickets, etc., which provide the required information will be considered satisfactory for purposes of this section. These records shall be retained for a period of two (2) years. (e) Inventory records with respect to the types and amounts of pesticides or pesticide active ingredients, or quantities of devices in stock which he has produced. These records may be disposed of when a more current inventory record is prepared. (f) Copies of all domestic advertising of the restricted uses of any pesticide registered for restricted use which the producer caused to have prepared, including any radio or television scripts for all such pesticides. These records shall be retained for a period of two (2) years. (g) Copies of all guarantees given pursuant to section 12(a)(2)(C) of the Act. These records shall be retained for a period of one (1) year after expiration of the guarantee. (h) In the case of all pesticides, devices, and active ingredients used in producing pesticides intended solely for export to any foreign country: (1) Copies of the speci�cation or directions of the foreign purchaser for the production of such pesticides, devices, or pesticide active ingredients; (2) Copies of labels or labeling required to comply with section 17(a)(1) of the Act; and (3) For any pesticide other than a pesticide registered under section 3 or sold under section 6(a)(1) of the Act, copies of a statement signed by the foreign purchaser of the pesticide acknowledging that the purchaser understands that such pesticide is not registered for use in the United States and cannot be sold in the United States under this Act. These records shall be retained for a period of 2 years after expiration of the contract. (i) Records on the method of disposal (burial, incineration, etc.) date or dates of disposal, location of the disposal sites, and the types and amounts of pesticides or pesticide active ingredients disposed of by the producer or his contractor. With regard to the disposal of containers accumulated during production, the Agency will consider satisfactory a statement, attested to by a responsible �rm o�cial, describing in general terms the method and location of disposal, e.g., all containers are taken periodically to a certain site. Records of deviations from normal practice must be maintained. In addition, any records on the disposal of pesticides or pesticide active ingredients and/or containers speci�ed pursuant to section 19 of the Act and any regulations promulgated thereto shall also be maintained. The above requirements apply to those products bearing label instructions for disposal and to any other products speci�ed under any regulations promulgated pursuant to section 19. These records shall be retained for twenty (20) years or may be forwarded after three (3) years to the Environmental Protection Agency Regional Administrator for maintenance. Notwithstanding these record keeping requirements, whenever any producer of pesticides or pesticide active ingredients is complying with a rule promulgated under the authority of the Resource Conservation and Recovery Act of 1976 (RCRA) (Pub. L. 94-580, 90 Stat. 2795, October 21, 1976), for the handling or disposal of hazardous wastes, as de�ned by RCRA or any regulations promulgated thereunder, such producer will no longer be required to maintain records in accordance with this subsection. 9/16/21, 2:57 PM eCFR :: 40 CFR Part 169 -- Books and Records of Pesticide Production and Distribution https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-169 4/5 [45 FR 54338, Aug. 15, 1980, as amended at 58 FR 9090, Feb. 18, 1993] § 169.3 Inspection. (j) Records of any tests conducted on human beings whether performed by the producer himself or authorized and/or paid for by the producer. Such records shall include: The names and addresses of subjects tested, dates of tests, types of tests, written consent of subjects to test, and all information and instructions given to the subjects regarding the nature and purpose of the tests and of any physical and mental health consequences which were reasonably foreseen therefrom, and any adverse effects of the test on the subjects, including any such effects coming to the attention of the producer after completion of the tests. These records shall be retained for twenty (20) years or may be forwarded after three (3) years to the Environmental Protection Agency Regional Administrator for maintenance. (k) Records containing research data relating to registered pesticides including all test reports submitted to the Agency in support of registration or in support of a tolerance petition, all underlying raw data, and interpretations and evaluations thereof, whether in the possession of the producer or in the possession of the independent testing facility or laboratory (if any) which performed such tests on behalf of the producer. These records shall be retained as long as the registration is valid and the producer is in business. (a) Producers. Any producer of any pesticide, device, or active ingredient used in producing a pesticide which is subject to this Act shall, upon request of any o�cer or employee of the Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to and to copy all records required to be maintained by this part, including records in the possession of an independent testing facility or laboratory which performed tests on behalf of the producer. Such inspection will be conducted in accordance with procedures detailed in section 8(b) of the Act. (b) Distributors, carriers, dealers, etc. Any distributor, carrier, dealer, or any other person who sells or offers for sale, delivers or offers for delivery any pesticide, device, or active ingredient used in producing a pesticide which is subject to this Act, shall, upon request of any o�cer or employee of the Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to and copy all records showing the delivery or holding of such pesticide, device, or active ingredient used in producing a pesticide, including the quantity, the date of shipment and receipt, and the name and address of the consignor and consignee, and any guarantee received pursuant to section 12(b)(1) of the Act. (c) Con�dentiality. Any record which is subject to the regulations under this part, and which may be con�dential, shall be treated in accordance with the provisions of section 10 of the Act. The availability to the public of information provided to, or otherwise obtained by, the Administrator under this part shall be governed by part 2 of this chapter. (d) Inability. (1) In the event of the inability of any person to produce records containing the information required to be maintained, furnished for inspection, or given access to, all other records and information regarding the same shall be provided. (2) Where no such inability exists and any such person fails to give access to and permit copying of such records as required, such failure shall be deemed a refusal to keep records required or a refusal to allow the inspection of any such records or both. https://www.federalregister.gov/citation/45-FR-54338 https://www.federalregister.gov/citation/58-FR-9090 https://www.ecfr.gov/current/title-40/part-2 9/16/21, 2:57 PM eCFR :: 40 CFR Part 169 -- Books and Records of Pesticide Production and Distribution https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-169 5/5 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 1/81 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 170 - WORKER PROTECTION STANDARD Authority: 7 U.S.C. 136w. Source: 57 FR 38151, Aug. 21, 1992, unless otherwise noted. Subpart A - General Provisions § 170.1 Scope and purpose. This part contains a standard designed to reduce the risks of illness or injury resulting from workers' and handlers' occupational exposures to pesticides used in the production of agricultural plants on farms or in nurseries, greenhouses, and forests and also from the accidental exposure of workers and other persons to such pesticides. It requires workplace practices designed to reduce or eliminate exposure to pesticides and establishes procedures for responding to exposure-related emergencies. § 170.2 Implementation and expiration dates. [80 FR 67556, Nov. 2, 2015] § 170.3 De�initions. Terms used in this part have the same meanings they have in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, when used in this part, shall have the following meanings: View table of contents for this page (a) Implementation date. Beginning January 2, 2017, the requirements of § 170.301 through § 170.609 of this part shall apply to any pesticide product that bears the statement “Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170”. (b) Expiration date. Sections 170.1 through 170.260 of this part shall expire on, and will no longer be effective after January 2, 2017. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.federalregister.gov/citation/80-FR-67556 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 https://www.ecfr.gov/current/title-40/section-170.301 https://www.ecfr.gov/current/title-40/part-170/section-170.609 https://www.ecfr.gov/current/title-40/part-170 https://www.ecfr.gov/current/title-40/section-170.2 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 2/81 Agricultural employer means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of or is responsible for the management or condition of an agricultural establishment that uses such workers. Agricultural establishment means any farm, forest, nursery, or greenhouse. Agricultural plant means any plant grown or maintained for commercial or research purposes and includes, but is not limited to, food, feed, and �ber plants; trees; turfgrass; �owers, shrubs; ornamentals; and seedlings. Chemigation means the application of pesticides through irrigation systems. Commercial pesticide handling establishment means any establishment, other than an agricultural establishment, that: Crop advisor means any person who is assessing pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants. The term does not include any person who is performing hand labor tasks. Early entry means entry by a worker into a treated area on the agricultural establishment after a pesticide application is complete, but before any restricted-entry interval for the pesticide has expired. Farm means any operation, other than a nursery or forest, engaged in the outdoor production of agricultural plants. Forest means any operation engaged in the outdoor production of any agricultural plant to produce wood �ber or timber products. Fumigant means any pesticide product that is a vapor or gas, or forms a vapor or gas on application, and whose method of pesticidal action is through the gaseous state. Greenhouse means any operation engaged in the production of agricultural plants inside any structure or space that is enclosed with nonporous covering and that is of su�cient size to permit worker entry. This term includes, but is not limited to, polyhouses, mushroom houses, rhubarb houses, and similar structures. It does not include such structures as malls, atriums, conservatories, arboretums, or o�ce buildings where agricultural plants are present primarily for aesthetic or climatic modi�cation. Hand labor means any agricultural activity performed by hand or with hand tools that causes a worker to have substantial contact with surfaces (such as plants, plant parts, or soil) that may contain pesticide residues. These activities include, but are not limited to, harvesting, detasseling, thinning, weeding, topping, planting, sucker removal, pruning, disbudding, roguing, and packing produce into containers in the �eld. Hand labor does not include operating, moving, or repairing irrigation or watering equipment or performing the tasks of crop advisors. (1) Employs any person, including a self-employed person, to apply on an agricultural establishment, pesticides used in the production of agricultural plants. (2) Employs any person, including a self-employed person, to perform on an agricultural establishment, tasks as a crop advisor. 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 3/81 Handler means any person, including a self-employed person: Handler employer means any person who is self-employed as a handler or who employs any handler, for any type of compensation. Immediate family includes only spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters. Nursery means any operation engaged in the outdoor production of any agricultural plant to produce cut �owers and ferns or plants that will be used in their entirety in another location. Such plants include, but are not limited to, �owering and foliage plants or trees; tree seedlings; live Christmas trees; vegetable, fruit, and ornamental transplants; and turfgrass produced for sod. (1) Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment to which subpart C of this part applies and who is: (i) Mixing, loading, transferring, or applying pesticides. (ii) Disposing of pesticides or pesticide containers. (iii) Handling opened containers of pesticides. (iv) Acting as a �agger. (v) Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues. (vi) Assisting with the application of pesticides. (vii) Entering a greenhouse or other enclosed area after the application and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by this part (§ 170.110(c)(3)) or in the labeling has been met: (A) To operate ventilation equipment. (B) To adjust or remove coverings used in fumigation. (C) To monitor air levels. (viii) Entering a treated area outdoors after application of any soil fumigant to adjust or remove soil coverings such as tarpaulins. (ix) Performing tasks as a crop advisor: (A) During any pesticide application. (B) Before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by this part (§ 170.110(c)(3)) or in the labeling has been met. (C) During any restricted-entry interval. (2) The term does not include any person who is only handling pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions or, in the absence of such instructions, have been subjected to triple-rinsing or its equivalent. https://www.ecfr.gov/current/title-40/part-170/subpart-C https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(3) https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 4/81 Owner means any person who has a present possessory interest (fee, leasehold, rental, or other) in an agricultural establishment covered by this part. A person who has both leased such agricultural establishment to another person and granted that same person the right and full authority to manage and govern the use of such agricultural establishment is not an owner for purposes of this part. Restricted-entry interval means the time after the end of a pesticide application during which entry into the treated area is restricted. Treated area means any area to which a pesticide is being directed or has been directed. Worker means any person, including a self-employed person, who is employed for any type of compensation and who is performing activities relating to the production of agricultural plants on an agricultural establishment to which subpart B of this part applies. While persons employed by a commercial pesticide handling establishment are performing tasks as crop advisors, they are not workers covered by the requirements of subpart B of this part. § 170.7 General duties and prohibited actions. § 170.9 Violations of this part. (a) General duties. The agricultural employer or the handler employer, as appropriate, shall: (1) Assure that each worker subject to subpart B of this part or each handler subject to subpart C of this part receives the protections required by this part. (2) Assure that any pesticide to which subpart C of this part applies is used in a manner consistent with the labeling of the pesticide, including the requirements of this part. (3) Provide, to each person who supervises any worker or handler, information and directions su�cient to assure that each worker or handler receives the protections required by this part. Such information and directions shall specify which persons are responsible for actions required to comply with this part. (4) Require each person who supervises any worker or handler to assure compliance by the worker or handler with the provisions of this part and to assure that the worker or handler receives the protections required by this part. (b) Prohibited actions. The agricultural employer or the handler employer shall not take any retaliatory action for attempts to comply with this part or any action having the effect of preventing or discouraging any worker or handler from complying or attempting to comply with any requirement of this part. (a) Under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) (FIFRA) section 12(a)(2)(G) it is unlawful for any person “to use any registered pesticide in a manner inconsistent with its labeling.” When this part is referenced on a label, users must comply with all of its requirements except those that are inconsistent with product speci�c instructions on the labeling. For the purposes of this part, EPA interprets the term “use” to include: (1) Preapplication activities, including, but not limited to: (i) Arranging for the application of the pesticide; (ii) Mixing and loading the pesticide; and https://www.ecfr.gov/current/title-40/part-170/subpart-B https://www.ecfr.gov/current/title-40/part-170/subpart-B https://www.ecfr.gov/current/title-40/part-170/subpart-B https://www.ecfr.gov/current/title-40/part-170/subpart-C https://www.ecfr.gov/current/title-40/part-170/subpart-C https://www.govinfo.gov/link/uscode/7/136 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 5/81 Subpart B - Standard for Workers § 170.102 Applicability of this subpart. Except as provided by §§ 170.103 and 170.104, this subpart applies when any pesticide product is used on an agricultural establishment in the production of agricultural plants. [60 FR 21952, May 3, 1995] § 170.103 Exceptions. Exceptions. This subpart does not apply when any pesticide is applied on an agricultural establishment in the following circumstances: (iii) Making necessary preparations for the application of the pesticide, including responsibilities related to worker noti�cation, training of handlers, decontamination, use and care of personal protective equipment, emergency information, and heat stress management. (2) Application of the pesticide. (3) Post-application activities necessary to reduce the risks of illness and injury resulting from handlers' and workers' occupational exposures to pesticide residues during the restricted-entry interval plus 30 days. These activities include, but are not limited to, responsibilities related to worker training, noti�cation, and decontamination. (4) Other pesticide-related activities, including, but not limited to, providing emergency assistance, transporting or storing pesticides that have been opened, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials. (b) A person who has a duty under this part, as referenced on the pesticide product label, and who fails to perform that duty, violates FIFRA section 12(a)(2)(G) and is subject to a civil penalty under section 14. A person who knowingly violates section 12(a)(2)(G) is subject to section 14 criminal sanctions. (c) FIFRA section 14(b)(4) provides that a person is liable for a penalty under FIFRA if another person employed by or acting for that person violates any provision of FIFRA. The term “acting for” includes both employment and contractual relationships. (d) The requirements of this part, including the decontamination requirements, shall not, for the purposes of section 653(b)(1) of title 29 of the U.S. Code, be deemed to be the exercise of statutory authority to prescribe or enforce standards or regulations affecting the general sanitary hazards addressed by the OSHA Field Sanitation Standard, 29 CFR 1928.110, or other agricultural, nonpesticide hazards. (a) For mosquito abatement, Mediterranean fruit �y eradication, or similar wide-area public pest control programs sponsored by governmental entities; (b) On livestock or other animals, or in or about animal premises; (c) On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses; https://www.ecfr.gov/current/title-40/section-170.103 https://www.ecfr.gov/current/title-40/section-170.104 https://www.federalregister.gov/citation/60-FR-21952 https://www.ecfr.gov/current/title-29/section-1928.110 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 6/81 [57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995] § 170.104 Exemptions. The workers listed in this section are exempt from the speci�ed provisions of this subpart. (d) On plants that are in ornamental gardens, parks, and public or private lawns and grounds that are intended only for aesthetic purposes or climatic modi�cation; (e) By injection directly into agricultural plants. Direct injection does not include “hack and squirt,” “frill and spray,” chemigation, soil-incorporation, or soil-injection; (f) In a manner not directly related to the production of agricultural plants, including, but not limited to, structural pest control, control of vegetation along rights-of-way and in other noncrop areas, and pasture and rangeland use; (g) For control of vertebrate pests; (h) As attractants or repellents in traps; (i) On the harvested portions of agricultural plants or on harvested timber; and (j) For research uses of unregistered pesticides. (a) Owners of agricultural establishments. (1) The owner of an agricultural establishment is not required to provide to himself or members of his immediate family who are performing tasks related to the production of agricultural plants on their own agricultural establishment the protections of: (i) Section 170.112(c)(5) through (9). (ii) Section 170.112(c)(5) through (9) as referenced in §§ 170.112(d)(2)(iii) and 170.112(e). (iii) Section 170.120. (iv) Section 170.122. (v) Section 170.130. (vi) Section 170.135. (vii) Section 170.150. (viii) Section 170.160. (2) The owner of the agricultural establishment must provide the protections listed in paragraph (a)(1)(i) through (viii) of this section to other workers and other persons who are not members of his immediate family. (b) Crop advisors. (1) Provided that the conditions of paragraph (b)(2) of this section are met, a person who is certi�ed or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or a State or Tribal lead agency for pesticide enforcement, and persons performing crop advising tasks under such quali�ed crop advisor's direct supervision, are exempt from the provisions of: https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/60-FR-21952 https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(c)(5) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(c)(9) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(c)(5) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(c)(9) https://www.ecfr.gov/current/title-40/section-170.112(d)(2)(iii) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e) https://www.ecfr.gov/current/title-40/section-170.120 https://www.ecfr.gov/current/title-40/section-170.122 https://www.ecfr.gov/current/title-40/section-170.130 https://www.ecfr.gov/current/title-40/section-170.135 https://www.ecfr.gov/current/title-40/section-170.150 https://www.ecfr.gov/current/title-40/section-170.160 https://www.ecfr.gov/current/title-40/section-170.104#p-170.104(a)(1)(i) https://www.ecfr.gov/current/title-40/section-170.104#p-170.104(a)(1)(viii) https://www.ecfr.gov/current/title-40/section-170.104#p-170.104(b)(2) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 7/81 [60 FR 21952, May 3, 1995, as amended at 73 FR 75598, Dec. 12, 2008] § 170.110 Restrictions associated with pesticide applications. Table 1 - Entry-Restricted Areas in Nurseries During Pesticide Applications (1)(a) Applied: Treated area plus 100 feet in all directions on the nursery (i) Aerially, or (i) Section 170.150. (ii) Section 170.160. A person is under the direct supervision of a crop advisor when the crop advisor exerts the supervisory controls set out in paragraphs (b)(2)(iii) and (iv) of this section. Direct supervision does not require that the crop advisor be physically present at all times, but the crop advisor must be readily accessible to the employees at all times. (2) Conditions of exemption. (i) The certi�cation or licensing program requires pesticide safety training that includes, at least, all the information in § 170.230(c)(4). (ii) Applies only when performing crop advising tasks in the treated area. (iii) The crop advisor must make speci�c determinations regarding the appropriate personal protective equipment, appropriate decontamination supplies, and how to conduct the tasks safely. The crop advisor must convey this information to each person under his direct supervision in a language that the person understands. (iv) Before entering a treated area, the certi�ed or licensed crop advisor must inform, through an established practice of communication, each person under his direct supervision of the pesticide product and active ingredient(s) applied, method of application, time of application, the restricted entry interval, which tasks to undertake, and how to contact the crop advisor. (a) Farms and forests. During the application of any pesticide on a farm or in a forest, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the treated area. (b) Nurseries. In a nursery, during any pesticide application described in column A of Table 1 of this paragraph, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area speci�ed in column B of Table 1 of this paragraph. After the application is completed, until the end of any restricted-entry interval, the entry-restricted area is the treated area. A. During Application of a Pesticide: B. Workers are Prohibited in: https://www.federalregister.gov/citation/60-FR-21952 https://www.federalregister.gov/citation/73-FR-75598 https://www.ecfr.gov/current/title-40/section-170.150 https://www.ecfr.gov/current/title-40/section-170.160 https://www.ecfr.gov/current/title-40/section-170.104#p-170.104(b)(2)(iii) https://www.ecfr.gov/current/title-40/section-170.104#p-170.104(b)(2)(iv) https://www.ecfr.gov/current/title-40/section-170.230#p-170.230(c)(4) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 8/81 (ii) In an upward direction, or (iii) Using a spray pressure greater than 150 psi, or (b) Applied as a: (i) Fumigant, or (ii) Smoke, or (iii) Mist, or (iv) Fog, or (v) Aerosol. (2)(a) Applied downward using: Treated are plus 25 feet in all directions on the nursery (i) A height of greater than 12 inches from the planting medium, or (ii) A �ne spray, or (iii) A spray pressure greater than 40 psi and less than 150 psi. (b) Not as in 1 or 2(a) above but for which a respiratory protection device is required for application by the product labeling. (3) Applied otherwise. Treated area (c) Greenhouses. (1) When a pesticide application described in column A of Table 2 under paragraph (c) (4) of this section takes place in a greenhouse, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area speci�ed in column B of Table 2 until the time speci�ed in column C of Table 2 has expired. (2) After the time speci�ed in column C of Table 2 under paragraph (c)(4) of this section has expired, until the expiration of any restricted-entry interval, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area A. During Application of a Pesticide: B. Workers are Prohibited in: https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(4) https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(4) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 9/81 Table 2 - Greenhouse Entry Restrictions Associated With Pesticide Applications (1) As a fumigant Entire greenhouse plus any adjacent structure that cannot be sealed off from the treated area The ventilation criteria of paragraph (c)(3) of this section are met No entry restrictions after criteria in column C are met (2) As a Entire enclosed area The ventilation criteria of paragraph (c)(3) of this section are met Entire enclosed area is the treated area (i) Smoke, or as speci�ed in column D of Table 2 under paragraph (c)(4) of this section, except as provided in § 170.112. (3) When column C of Table 2 under paragraph (c)(4) of this section speci�es that ventilation criteria must be met, ventilation shall continue until the air concentration is measured to be equal to or less than the inhalation exposure level the labeling requires to be achieved. If no inhalation exposure level is listed on the labeling, ventilation shall continue until after: (i) Ten air exchanges are completed; or (ii) Two hours of ventilation using fans or other mechanical ventilating systems; or (iii) Four hours of ventilation using vents, windows or other passive ventilation; or (iv) Eleven hours with no ventilation followed by 1 hour of mechanical ventilation; or (v) Eleven hours with no ventilation followed by 2 hours of passive ventilation; or (vi) Twenty-four hours with no ventilation. (4) The following Table 2 applies to paragraphs (c) (1), (2), and (3) of this section. A. When a Pesticide is Applied: B. Workers are Prohibited in: C. Until: D. After the Expiration of Time in Column C Until the Restricted Entry Interval Expires, the Entry-Restricted Area is: https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(3) https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(3) https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(4) https://www.ecfr.gov/current/title-40/section-170.112 https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(4) https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(1) https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(2) https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 10/81 (ii) Mist, or (iii) Fog, or (iv) Aerosol (3) Not in 1 or 2 above, and for which a respiratory protection device is required for application by the product labeling Entire enclosed area The ventilation criteria of paragraph (c)(3) of this section are met Treated area (4) Not in 1, 2, or 3 above, and: Treated area plus 25 feet in all directions in the enclosed area Application is complete Treated area (i) From a height of greater than 12 in. from the planting medium, or (ii) As a �ne spray, or (iii) Using a spray pressure greater than 40 psi (5) Otherwise Treated area Application is complete Treated area § 170.112 Entry restrictions. (a) General restrictions. A. When a Pesticide is Applied: B. Workers are Prohibited in: C. Until: D. After the Expiration of Time in Column C Until the Restricted Entry Interval Expires, the Entry-Restricted Area is: https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 11/81 (1) After the application of any pesticide on an agricultural establishment, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval speci�ed on the pesticide labeling has expired, except as provided in this section. (2) Entry-restricted areas in greenhouses are speci�ed in column D in table 2 under § 170.110(c)(4). (3) When two or more pesticides are applied at the same time, the restricted-entry interval shall be the longest of the applicable intervals. (4) The agricultural employer shall assure that any worker who enters a treated area under a restricted-entry interval as permitted by paragraphs (c), (d), and (e) of this section uses the personal protective equipment speci�ed in the product labeling for early-entry workers and follows any other requirements on the pesticide labeling regarding early entry. (b) Exception for activities with no contact. A worker may enter a treated area during a restricted-entry interval if the agricultural employer assures that both of the following are met: (1) The worker will have no contact with anything that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of plants; and (2) No such entry is allowed until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by § 170.110(c)(3) or in the labeling have been met. (c) Exception for short-term activities. A worker may enter a treated area during a restricted entry interval for short-term activities if the agricultural employer assures that the following requirements are met: (1) No hand labor activity is performed. (2) The time in treated areas under a restricted-entry interval for any worker does not exceed 1 hour in any 24-hour period. (3) No such entry is allowed for the �rst 4 hours following the end of the application, and no such entry is allowed thereafter until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by § 170.110(c)(3) or in the labeling have been met. (4) The personal protective equipment speci�ed on the product labeling for early entry is provided to the worker. Such personal protective equipment shall conform to the following standards: (i) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear. (ii) Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered personal protective equipment for the purposes of this section and are not subject to the https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(4) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(c) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(d) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e) https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(3) https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 12/81 requirements of this section, although pesticide labeling may require that such work clothing be worn during some activities. (iii) When “chemical-resistant” personal protective equipment is speci�ed by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use. (iv) When “waterproof” personal protective equipment is speci�ed by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use. (v) When a “chemical-resistant suit” is speci�ed by the product labeling, it shall be a loose-�tting, one- or two-piece, chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet. (vi) When “coveralls” are speci�ed by the product labeling, they shall be a loose �tting, one- or two-piece garment, such as a cotton or cotton and polyester coverall, that covers, at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over a layer of clothing. If a chemical-resistant suit is substituted for coveralls, it need not be worn over a layer of clothing. (vii) (A) Gloves shall be of the type speci�ed on the pesticide product labeling. Gloves made of leather, cotton, or other absorbent materials must not be worn for early-entry activities, unless gloves made of these materials are listed as acceptable for such use on the product labeling. If chemical resistant gloves with su�cient durability and suppleness are not obtainable, leather gloves may be worn on top of chemical-resistant gloves. However, once leather gloves have been worn for this use, they shall not be worn thereafter for any other purpose, and they shall only be worn over chemical-resistant gloves. (B) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide product labeling speci�cally prohibits their use. Separable glove liners are de�ned as separate glove-like hand coverings made of lightweight material, with or without �ngers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical-resistant gloves. Separable glove liners may not extend outside the chemical-resistant gloves under which they are worn. Chemical-resistant gloves with non-separable absorbent lining materials are prohibited. (C) If used, separable glove liners must be discarded immediately after a total of no more than 10 hours of use or within 24 hours of when �rst put on, whichever comes �rst. The liners must be replaced immediately if directly contacted by pesticide. Used glove liners shall not be reused. Contaminated liners must be disposed of in accordance with any Federal, State, or local regulations. (viii) When “chemical-resistant footwear” is speci�ed by the product labeling, it shall be one of the following types of footwear: chemical-resistant shoes, chemical resistant boots, or chemical-resistant shoe coverings worn over shoes or boots. If chemical-resistant footwear with su�cient durability and a tread appropriate for wear in rough terrain is not obtainable for workers, then leather boots may be worn in such terrain. 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 13/81 (ix) When “protective eyewear” is speci�ed by the product labeling, it shall be one of the following types of eyewear: goggles; face shield; safety glasses with front, brow, and temple protection; or a full-face respirator. (x) When “chemical-resistant headgear” is speci�ed by the product labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat with a wide brim. (5) The agricultural employer shall assure that the worker, before entering the treated area, either has read the product labeling or has been informed, in a manner that the worker can understand, of all labeling requirements related to human hazards or precautions, �rst aid, symptoms of poisoning, personal protective equipment speci�ed for early entry, and any other labeling requirements related to safe use. (6) The agricultural employer shall assure that: (i) Workers wear the personal protective equipment correctly for its intended purpose and use personal protective equipment according to manufacturer's instructions. (ii) Before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded. (iii) Personal protective equipment that cannot be cleaned properly is disposed of in accordance with any applicable Federal, State, and local regulations. (iv) All personal protective equipment is cleaned according to manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water. (v) Before being stored, all clean personal protective equipment is dried thoroughly or is put in a well-ventilated place to dry. (vi) Personal protective equipment contaminated with pesticides is kept separately and washed separately from any other clothing or laundry. (vii) Any person who cleans or launders personal protective equipment is informed that such equipment may be contaminated with pesticides, of the potentially harmful effects of exposure to pesticides, and of the correct way(s) to handle and clean personal protective equipment and to protect themselves when handling equipment contaminated with pesticides. (viii) All clean personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas. (ix) Each worker is instructed how to put on, use, and remove the personal protective equipment and is informed about the importance of washing thoroughly after removing personal protective equipment. (x) Each worker is instructed in the prevention, recognition, and �rst aid treatment of heat-related illness. (xi) Workers have a clean place(s) away from pesticide-storage and pesticide-use areas for storing personal clothing not in use; putting on personal protective equipment at the start of any exposure period; and removing personal protective equipment at the end of any exposure period. 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 14/81 (7) When personal protective equipment is required by the labeling of any pesticide for early entry, the agricultural employer shall assure that no worker is allowed or directed to perform the early-entry activity without implementing, when appropriate, measures to prevent heat-related illness. (8) During any early-entry activity, the agricultural employer shall provide a decontamination site in accordance with § 170.150. (9) The agricultural employer shall not allow or direct any worker to wear home or to take home personal protective equipment contaminated with pesticides. (d) Exception for an agricultural emergency. (1) An “agricultural emergency” means a sudden occurrence or set of circumstances which the agricultural employer could not have anticipated and over which the agricultural employer has no control, and which requires entry into a treated area during a restricted-entry interval, when no alternative practices would prevent or mitigate a substantial economic loss. A substantial economic loss means a loss in pro�tability greater than that which would be expected based on the experience and �uctuations of crop yields in previous years. Only losses caused by the agricultural emergency speci�c to the affected site and geographic area are considered. The contribution of mismanagement cannot be considered in determining the loss. (2) A worker may enter a treated area under a restricted-entry interval in an agricultural emergency to perform tasks, including hand labor tasks, necessary to mitigate the effects of the agricultural emergency, if the agricultural employer assures that all the following criteria are met: (i) A State, Tribal, or Federal Agency having jurisdiction declares the existence of circumstances that could cause an agricultural emergency on that agricultural establishment. (ii) The agricultural employer determines the agricultural establishment is subject to the circumstances declared under paragraph (d)(2)(i) of this section that result in an agricultural emergency meeting the criteria of paragraph (d)(1) of this section. (iii) The requirements of paragraphs (c) (3) through (9) of this section are met. (e) Exception requiring Agency approval. The Agency may, in accordance with paragraphs (e) (1) through (3) of this section, grant an exception from the requirements of this section. An exception may be withdrawn in accordance with paragraph (e)(6) of this section. (1) Exception requiring agency approval. A request for an exception must be submitted to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b) and must be accompanied by two copies of the following information: (i) The name, address, and telephone number of the submitter. (ii) The time period for which the exception is requested. (iii) A description of the crop(s) and speci�c crop production task(s) for which the exception is requested. Such a description must include an explanation as to the necessity of applying pesticides of a type and at a frequency such that the restricted-entry interval would interfere with necessary and time-sensitive hand labor tasks for the period for which the exception is sought. https://www.ecfr.gov/current/title-40/section-170.150 https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(d)(2)(i) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(d)(1) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(c)(3) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(c)(9) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e)(1) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e)(3) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e)(6) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 15/81 (iv) A description of the geographic area for which the exception is requested. If the exception request is for a limited geographic area, the explanation must include a description as to why the circumstances of exposure or economic impact resulting from the prohibition of routine hand labor tasks during the restricted entry interval are unique to the geographic area named in the exception. (v) An explanation as to why, for each requested crop-task combination, alternative practices would not be technically or �nancially viable. Such alternative practices might include: rescheduling the pesticide application or hand labor activity; using a non-chemical pest control alternative; using an alternative to the hand labor tasks, such as machine cultivation; or substituting a pesticide with a shorter restricted-entry interval. This information should include estimates or data on per acre revenue and cost of production for the crop and area for which the exception is requested. These estimates or data should include: the situation prior to implementation of this �nal rule, the situation after implementation of this �nal rule if the exception is not granted, the situation after implementation of this �nal rule if the exception is granted, and speci�c information on individual factors which cause differences in revenues and costs among the three situations. (vi) A description or documentation of the safety and feasibility of such an exception, including, but not limited to, the feasibility of performing the necessary hand labor activity while wearing the personal protective equipment required for early entry for the pesticide(s) expected to be applied, the means of mitigating heat-related illness concerns, the period of time required daily per worker to perform the hand labor activity, any suggested methods of reducing the worker's exposure, and any other mitigating factors, such as the availability of running water for routine and emergency decontamination and mechanical devices that would reduce the workers' contact with the treated surfaces. The information should include the costs associated with early-entry, such as decontamination facilities, special information and training for the workers, heat stress avoidance procedures, and provision, inspection, cleaning, and maintenance of personal protective equipment. EPA will not grant exceptions where the costs of early entry equal or exceed the expected loss in value of crop yield or quality. (2) Notice of receipt. (i) When a request for an exception is submitted to the Agency along with all of the information required in paragraph (e)(1) of this section, the Agency shall issue a notice in the FEDERAL REGISTER stating that an exception is being considered, describing the nature of the exception, and allowing at least 30 days for interested parties to comment. (ii) If a request for an exception is submitted to the Agency without all of the information required in paragraph (e)(1) of this section, the Agency shall return the request to the submitter. (3) Exception decision. EPA will publish in the FEDERAL REGISTER its decision whether to grant the request for exception. EPA will base its decision on whether the bene�ts of the exception outweigh the costs, including the value of the health risks attributable to the exception. If the exception is granted, the notice will state the nature of and reasons for the exception. (4) Presumptive denial. https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e)(1) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e)(1) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 16/81 [57 FR 38151, Aug. 21, 1992, as amended at 59 FR 30264, June 10, 1994; 60 FR 21954, May 3, 1995; 62 FR 52003, Oct. 3, 1997; 69 FR 53346, Sept. 1, 2004; 71 FR 35546, June 21, 2006; 73 FR 75598, Dec. 12, 2008] § 170.120 Notice of applications. (i) Except as provided in paragraph (e)(4)(ii) of this section, persons requesting an exception may assume that the exception has been denied if EPA has not issued its decision whether to grant the exception within 9 months from the comment-closure date speci�ed in the FEDERAL REGISTER notice in which the Agency announced, in accordance with paragraph (e)(2) of this section, that it would consider the exception. (ii) Persons requesting an exception may not assume that the request has been denied as provided by paragraph (e)(4)(i) of this section if the Agency has taken action to extend its review period for a speci�ed time interval due to the complexity of the exception request or to the number of exception requests concurrently under Agency review. EPA shall state the reason(s) for the delay in issuing a decision on the exception request. A notice of such an action may be published in the FEDERAL REGISTER or persons who requested the exception may be directly noti�ed of the action. (5) Agricultural employer duties. When a worker enters a treated area during a restricted entry interval under an exception granted under paragraph (e) of this section, the agricultural employer shall assure that the requirements of paragraphs (c) (3) through (9) of this section are met, unless the notice granting the exception speci�cally indicates otherwise. (6) Withdrawing an exception. An exception may be withdrawn by the Agency at any time if the Agency receives poisoning information or other data that indicate that the health risks imposed by this early-entry exception are unacceptable or if the Agency receives other information that indicates that the exception is no longer necessary or prudent. If the Agency determines that an exception should be withdrawn, it will publish a notice in the FEDERAL REGISTER, stating the basis for its determination. Affected parties would then have 30 days to request a hearing on the Agency's determination. The exception, however, would be discontinued as of the date speci�ed by EPA in the notice, which may include any of the 30-day period and the time required for any subsequent hearing process. Thereafter the Agency will decide whether to withdraw the exception and will publish a notice in the FEDERAL REGISTER stating its decision. (7) List of exceptions granted by EPA. The following administrative exceptions from the requirements of this section have been granted by EPA. Each exception listed in paragraph (e)(7) of this section contains a reference to the FEDERAL REGISTER notice in which EPA has granted the exception and the effective dates of the exception. The terms and conditions of the exception appear in the referenced FEDERAL REGISTER notice. (i) Exception to perform irrigation tasks under speci�ed conditions published in the FEDERAL REGISTER of May 3, 1995. (ii) Exceptions to perform limited contact tasks under speci�ed conditions published in the FEDERAL REGISTER of May 3, 1995. https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/59-FR-30264 https://www.federalregister.gov/citation/60-FR-21954 https://www.federalregister.gov/citation/62-FR-52003 https://www.federalregister.gov/citation/69-FR-53346 https://www.federalregister.gov/citation/71-FR-35546 https://www.federalregister.gov/citation/73-FR-75598 https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e)(4)(ii) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e)(2) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e)(4)(i) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(c)(3) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(c)(9) https://www.ecfr.gov/current/title-40/section-170.112#p-170.112(e)(7) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 17/81 (a) Noti�cation to workers of pesticide applications in greenhouses. The agricultural employer shall notify workers of any pesticide application in the greenhouse in accordance with this paragraph. (1) All pesticide applications shall be posted in accordance with paragraph (c) of this section. (2) If the pesticide product labeling has a statement requiring both the posting of treated areas and oral noti�cation to workers, the agricultural employer shall also provide oral noti�cation of the application to the worker in accordance with paragraph (d) of this section. (3) Notice need not be given to a worker if the agricultural employer can assure that one of the following is met: (i) From the start of the application until the end of the application and during any restricted-entry interval, the worker will not enter, work in, remain in, or pass through the greenhouse; or (ii) The worker applied (or supervised the application of) the pesticide for which the notice is intended and is aware of all information required by paragraphs (d) (1) through (3) of this section. (b) Noti�cation to workers on farms, in nurseries, or in forests of pesticide applications. The agricultural employer shall notify workers of any pesticide application on the farm or in the nursery or forest in accordance with this paragraph. (1) If the pesticide product labeling has a statement requiring both the posting of treated areas and oral noti�cation to workers, the agricultural employer shall post signs in accordance with paragraph (c) of this section and shall provide oral noti�cation of the application to the worker in accordance with paragraph (d) of this section. (2) For any pesticide other than those for which the labeling requires both posting and oral noti�cation of applications, the agricultural employer shall give notice of the application to the worker either by the posting of warning signs in accordance with paragraph (c) of this section or orally in accordance with paragraph (d) of this section, and shall inform the workers as to which method of noti�cation is in effect. (3) Notice need not be given to a worker if the agricultural employer can assure that one of the following is met: (i) From the start of the application until the end of the application and during any restricted-entry interval, the worker will not enter, work in, remain in, or pass through on foot the treated area or any area within1/4 mile of the treated area; or (ii) The worker applied (or supervised the application of) the pesticide for which the notice is intended and is aware of all information required by (d)(1) through (3) of this section. (c) Posted warning signs. The agricultural employer shall post warning signs in accordance with the following criteria: (1) The warning sign shall have a background color that contrasts with red. The words “DANGER” and “PELIGRO,” plus “PESTICIDES” and “PESTICIDAS,” shall be at the top of the sign, and the words “KEEP OUT” and “NO ENTRE” shall be at the bottom of the sign. Letters for all words must be clearly legible. A circle containing an upraised https://www.ecfr.gov/current/title-40/section-170.120#p-170.120(c) https://www.ecfr.gov/current/title-40/section-170.120#p-170.120(d) https://www.ecfr.gov/current/title-40/section-170.120#p-170.120(d)(1) https://www.ecfr.gov/current/title-40/section-170.120#p-170.120(d)(3) https://www.ecfr.gov/current/title-40/section-170.120#p-170.120(c) https://www.ecfr.gov/current/title-40/section-170.120#p-170.120(d) https://www.ecfr.gov/current/title-40/section-170.120#p-170.120(c) https://www.ecfr.gov/current/title-40/section-170.120#p-170.120(d) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 18/81 hand on the left and a stern face on the right must be near the center of the sign. The inside of the circle must be red, except that the hand and a large portion of the face must be in a shade that contrasts with red. The length of the hand must be at least twice the height of the smallest letters. The length of the face must be only slightly smaller than the hand. Additional information such as the name of the pesticide and the date of application may appear on the warning sign if it does not detract from the appearance of the sign or change the meaning of the required information. A black-and-white example of a warning sign meeting these requirements, other than the size requirements, follows: https://images.federalregister.gov/EC01MY92.111/large.png 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 19/81 (2) The standard sign shall be at least 14 inches by 16 inches with letters at least 1 inch in height. Farms and forests shall use the standard size sign unless a smaller sign is necessary because the treated area is too small to accommodate a sign of this size. In nurseries and greenhouses, the agricultural employer may, at any time, use a sign smaller than the standard size sign. Whenever a small sign is used on any establishment, there are speci�c posting distances depending on the size of the lettering and symbol on the sign. If a sign is used with DANGER and PELIGRO in letters at least7/8 inch in height and the remaining letters at least1/2 inch in height and a red circle at least 3 inches in diameter containing an upraised hand and a stern face, the signs shall be no further than 50 feet apart. If a sign is used with DANGER and PELIGRO in letters at least7/16 inch in height and the remaining letters at least1/4 inch in height and a red circle at least 11/2 inches in diameter containing an upraised hand and a stern face, the signs shall be no further than 25 feet apart. A sign with DANGER and PELIGRO in letters less than7/16 inch in height or with any words in letters less than1/4 inch in height or a red circle smaller than 11/2 inches in diameter containing an upraised hand and a stern face will not satisfy the requirements of the rule. All signs must meet the requirements of paragraph (c)(1) of this section. (3) The employer may replace the Spanish portion of the warning sign with a non English language read by the largest group of workers who do not read English. The replacement sign must be in the same format as the original sign and be visible and legible. (4) On farms and in forests and nurseries, the signs shall be visible from all usual points of worker entry to the treated area, including at least each access road, each border with any labor camp adjacent to the treated area, and each footpath and other walking route that enters the treated area. When there are no usual points of worker entry, signs shall be posted in the corners of the treated area or in any other location affording maximum visibility. (5) In greenhouses, the signs shall be posted so they are visible from all usual points of worker entry to the treated area including each aisle or other walking route that enters the treated area. When there are no usual points of worker entry to the treated area, signs shall be posted in the corners of the treated area or in any other location affording maximum visibility. (6) The signs shall: (i) Be posted no sooner than 24 hours before the scheduled application of the pesticide. (ii) Remain posted throughout the application and any restricted-entry interval. (iii) Be removed within 3 days after the end of the application and any restricted entry interval and before agricultural-worker entry is permitted, other than entry permitted by § 170.112. (7) The signs shall remain visible and legible during the time they are posted. (8) When several contiguous areas are to be treated with pesticides on a rotating or sequential basis, the entire area may be posted. Worker entry, other than entry permitted by § 170.112, is prohibited for the entire area while the signs are posted. (d) Oral warnings. The agricultural employer shall provide oral warnings to workers in a manner that the worker can understand. If a worker will be on the premises during the application, the warning shall be given before the application takes place. Otherwise, the https://www.ecfr.gov/current/title-40/section-170.120#p-170.120(c)(1) https://www.ecfr.gov/current/title-40/section-170.112 https://www.ecfr.gov/current/title-40/section-170.112 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 20/81 [57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33207, June 26, 1996] § 170.122 Providing speci�ic information about applications. When workers are on an agricultural establishment and, within the last 30 days, a pesticide covered by this subpart has been applied on the establishment or a restricted-entry interval has been in effect, the agricultural employer shall display, in accordance with this section, speci�c information about the pesticide. § 170.124 Notice of applications to handler employers. Whenever handlers who are employed by a commercial pesticide handling establishment will be performing pesticide handling tasks on an agricultural establishment, the agricultural employer shall provide to the handler employer, or assure that the handler employer is aware of, the following information concerning any areas on the agricultural establishment that the handler may be in (or may walk within1/4 mile of) and that may be treated with a pesticide or that may be under a restricted-entry interval while the handler will be on the agricultural establishment: warning shall be given at the beginning of the worker's �rst work period during which the application is taking place or the restricted-entry interval for the pesticide is in effect. The warning shall consist of: (1) The location and description of the treated area. (2) The time during which entry is restricted. (3) Instructions not to enter the treated area until the restricted-entry interval has expired. (a) Location, accessibility, and legibility. The information shall be displayed in the location speci�ed for the pesticide safety poster in § 170.135(d) and shall be accessible and legible, as speci�ed in § 170.135 (e) and (f). (b) Timing. (1) If warning signs are posted for the treated area before an application, the speci�c application information for that application shall be posted at the same time or earlier. (2) The information shall be posted before the application takes place, if workers will be on the establishment during application. Otherwise, the information shall be posted at the beginning of any worker's �rst work period. (3) The information shall continue to be displayed for at least 30 days after the end of the restricted-entry interval (or, if there is no restricted-entry interval, for at least 30 days after the end of the application) or at least until workers are no longer on the establishment, whichever is earlier. (c) Required information. The information shall include: (1) The location and description of the treated area. (2) The product name, EPA registration number, and active ingredient(s) of the pesticide. (3) The time and date the pesticide is to be applied. (4) The restricted-entry interval for the pesticide. https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/61-FR-33207 https://www.ecfr.gov/current/title-40/section-170.135#p-170.135(d) https://www.ecfr.gov/current/title-40/section-170.135#p-170.135(e) https://www.ecfr.gov/current/title-40/section-170.135#p-170.135(f) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 21/81 § 170.130 Pesticide safety training for workers. (a) Speci�c location and description of any such areas; and (b) Restrictions on entering those areas. (a) General requirement (1) Agricultural employer assurance. The agricultural employer shall assure that each worker, required by this section to be trained, has been trained according to this section during the last 5 years, counting from the end of the month in which the training was completed. (2) Requirement for workers performing early-entry activities. Before a worker enters a treated area on the agricultural establishment during a restricted-entry interval to perform early-entry activities permitted by § 170.112 and contacts anything that has been treated with the pesticide to which the restricted-entry interval applies, including but not limited to, soil, water, or surfaces of plants, the agricultural employer shall assure that the worker has been trained. (3) Requirements for other agricultural workers (i) Information before entry. Except as provided in paragraph (a)(2) of this section, before a worker enters any areas on the agricultural establishment where, within the last 30 days a pesticide to which this subpart applies has been applied or the restricted-entry interval for such pesticide has been in effect, the agricultural employer shall assure that the worker has been provided the pesticide safety information speci�ed in paragraph (c) of this section, in a manner that agricultural workers can understand, such as by providing written materials or oral communication or by other means. The agricultural employer must be able to verify compliance with this requirement. (ii) Training before the 6th day of entry. Except as provided in paragraph (a)(2) of this section, before the 6th day that a worker enters any areas on the agricultural establishment where, within the last 30 days a pesticide to which this subpart applies has been applied or a restricted-entry interval for such pesticide has been in effect, the agricultural employer shall assure that the worker has been trained. (b) Exceptions. The following persons need not be trained under this section: (1) A worker who is currently certi�ed as an applicator of restricted-use pesticides under part 171 of this chapter. (2) A worker who satis�es the training requirements of part 171 of this chapter. (3) A worker who satis�es the handler training requirements of § 170.230(c). (4) A worker who is certi�ed or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or a State or Tribal lead agency for pesticide enforcement, provided that a requirement for such certi�cation or licensing is pesticide safety training that includes all the information set out in § 170.230(c)(4). (c) Pesticide safety information. The pesticide safety information required by paragraph (a) (3)(i) shall be presented to workers in a manner that the workers can understand. At a minimum, the following information shall be provided: https://www.ecfr.gov/current/title-40/section-170.112 https://www.ecfr.gov/current/title-40/section-170.130#p-170.130(a)(2) https://www.ecfr.gov/current/title-40/section-170.130#p-170.130(c) https://www.ecfr.gov/current/title-40/section-170.130#p-170.130(a)(2) https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/section-170.230#p-170.230(c) https://www.ecfr.gov/current/title-40/section-170.230#p-170.230(c)(4) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 22/81 (1) Pesticides may be on or in plants, soil, irrigation water, or drifting from nearby applications. (2) Prevent pesticides from entering your body by: (i) Following directions and/or signs about keeping out of treated or restricted areas. (ii) Washing before eating, drinking, using chewing gum or tobacco, or using the toilet. (iii) Wearing work clothing that protects the body from pesticide residues. (iv) Washing/showering with soap and water, shampoo hair, and put on clean clothes after work. (v) Washing work clothes separately from other clothes before wearing them again. (vi) Washing immediately in the nearest clean water if pesticides are spilled or sprayed on the body. As soon as possible, shower, shampoo, and change into clean clothes. (3) Further training will be provided within 5 days. (d) Training programs. (1) General pesticide safety information shall be presented to workers either orally from written materials or audiovisually. The information must be presented in a manner that the workers can understand (such as through a translator) using nontechnical terms. The presenter also shall respond to workers' questions. (2) The person who conducts the training shall meet at least one of the following criteria: (i) Be currently certi�ed as an applicator of restricted-use pesticides under part 171 of this chapter; or (ii) Be currently designated as a trainer of certi�ed applicators or pesticide handlers by a State, Federal, or Tribal agency having jurisdiction; or (iii) Have completed a pesticide safety train-the-trainer program approved by a State, Federal, or Tribal agency having jurisdiction; or (iv) Satisfy the training requirements in part 171 of this chapter or in § 170.230(c). (3) Any person who issues an EPA-approved Worker Protection Standard worker training certi�cate must assure that the worker who receives the training certi�cate has been trained in accordance with paragraph (d)(4) of this section. (4) The training materials shall convey, at a minimum, the following information: (i) Where and in what form pesticides may be encountered during work activities. (ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization. (iii) Routes through which pesticides can enter the body. (iv) Signs and symptoms of common types of pesticide poisoning. https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/section-170.230#p-170.230(c) https://www.ecfr.gov/current/title-40/section-170.130#p-170.130(d)(4) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 23/81 [57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21947, 21952, May 3, 1995; 73 FR 75598, Dec. 12, 2008] § 170.135 Posted pesticide safety information. (v) Emergency �rst aid for pesticide injuries or poisonings. (vi) How to obtain emergency medical care. (vii) Routine and emergency decontamination procedures, including emergency eye�ushing techniques. (viii) Hazards from chemigation and drift. (ix) Hazards from pesticide residues on clothing. (x) Warnings about taking pesticides or pesticide containers home. (xi) Requirements of this subpart designed to reduce the risks of illness or injury resulting from workers' occupational exposure to pesticides, including application and entry restrictions, the design of the warning sign, posting of warning signs, oral warnings, the availability of speci�c information about applications, and the protection against retaliatory acts. (e) Veri�cation of training. (1) Except as provided in paragraph (e)(2) of this section, if the agricultural employer assures that a worker possesses an EPA-approved Worker Protection Standard worker training certi�cate, then the requirements of paragraph (a) and (c) of this section will have been met. (2) If the agricultural employer is aware or has reason to know that an EPA-approved Worker Protection Standard worker training certi�cate has not been issued in accordance with this section, or has not been issued to the worker bearing the certi�cate, or the training was completed more than 5 years before the beginning of the current month, a worker's possession of that certi�cate does not meet the requirements of paragraph (a) of this section. (a) Requirement. When workers are on an agricultural establishment and, within the last 30 days, a pesticide covered by this subpart has been applied on the establishment or a restricted-entry interval has been in effect, the agricultural employer shall display, in accordance with this section, pesticide safety information. (b) Pesticide safety poster. A safety poster must be displayed that conveys, at a minimum, the pesticide safety concepts listed in paragraphs (b)(1)(i) through (vii) and (b)(2) of this section. Displays conforming to § 170.311(a)(3) meet the requirements of this paragraph. (c) Emergency medical care information. (1) The name, address, and telephone number of the nearest emergency medical care facility shall be on the safety poster or displayed close to the safety poster. Displays conforming to § 170.311(a)(3)(ix) meet the requirements of this paragraph. (2) The agricultural employer shall inform workers promptly of any change to the information on emergency medical care facilities. (d) Location. https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/60-FR-21947 https://www.federalregister.gov/citation/60-FR-21952 https://www.federalregister.gov/citation/73-FR-75598 https://www.ecfr.gov/current/title-40/section-170.130#p-170.130(e)(2) https://www.ecfr.gov/current/title-40/section-170.130#p-170.130(a) https://www.ecfr.gov/current/title-40/section-170.130#p-170.130(c) https://www.ecfr.gov/current/title-40/section-170.130#p-170.130(a) https://www.ecfr.gov/current/title-40/section-170.135#p-170.135(b)(1)(i) https://www.ecfr.gov/current/title-40/section-170.135#p-170.135(b)(1)(vii) https://www.ecfr.gov/current/title-40/section-170.135#p-170.135(b)(2) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(a)(3) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(a)(3)(ix) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 24/81 [57 FR 38151, Aug. 21, 1992, as amended at 80 FR 67556, Nov. 2, 2015] § 170.150 Decontamination. (1) The information shall be displayed in a central location on the farm or in the nursery or greenhouse where it can be readily seen and read by workers. (2) The information shall be displayed in a location in or near the forest in a place where it can be readily seen and read by workers and where workers are likely to congregate or pass by, such as at a decontamination site or an equipment storage site. (e) Accessibility. Workers shall be informed of the location of the information and shall be allowed access to it. (f) Legibility. The information shall remain legible during the time it is posted. (a) (1) Requirement. The agricultural employer must provide decontamination supplies for workers in accordance with this section whenever: (i) Any worker on the agricultural establishment is performing an activity in the area where a pesticide was applied or a restricted-entry interval (REI) was in effect within the last 30 days, and; (ii) The worker contacts anything that has been treated with the pesticide, including, but not limited to soil, water, plants, plant surfaces, and plant parts. (2) Exception. The 30-day time period established in paragraph (a)(1)(i) of this section shall not apply if the only pesticides used in the treated area are products with an REI of 4 hours or less on the label (but not a product without an REI on the label). When workers are in such treated areas, the agricultural employer shall provide decontamination supplies for not less than 7 days following the expiration of any applicable REI. (b) General conditions. (1) The agricultural employer shall provide workers with enough water for routine washing and emergency eye�ushing. At all times when the water is available to workers, the employer shall assure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. (2) When water stored in a tank is to be used for mixing pesticides, it shall not be used for decontamination or eye�ushing, unless the tank is equipped with properly functioning valves or other mechanisms that prevent movement of pesticides into the tank. (3) The agricultural employer shall provide soap and single-use towels in quantities su�cient to meet worker's needs. (4) To provide for emergency eye�ushing, the agricultural employer shall assure that at least 1 pint of water is immediately available to each worker who is performing early entry activities permitted by § 170.112 and for which the pesticide labeling requires protective eyewear. The eye�ush water shall be carried by the early-entry worker, or shall be on the vehicle the early-entry worker is using, or shall be otherwise immediately accessible. https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/80-FR-67556 https://www.ecfr.gov/current/title-40/section-170.150#p-170.150(a)(1)(i) https://www.ecfr.gov/current/title-40/section-170.112 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 25/81 [57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33212, June 26, 1996] § 170.160 Emergency assistance. If there is reason to believe that a person who is or has been employed on an agricultural establishment to perform tasks related to the production of agricultural plants has been poisoned or injured by exposure to pesticides used on the agricultural establishment, including, but not limited to, exposures from application, splash, spill, drift, or pesticide residues, the agricultural employer shall: (c) Location. (1) The decontamination supplies shall be located together and be reasonably accessible to and not more than1/4 mile from where workers are working. (2) For worker activities performed more than1/4 mile from the nearest place of vehicular access: (i) The soap, single-use towels, and water may be at the nearest place of vehicular access. (ii) The agricultural employer may permit workers to use clean water from springs, streams, lakes, or other sources for decontamination at the remote work site, if such water is more accessible than the water located at the nearest place of vehicular access. (3) The decontamination supplies shall not be maintained in an area being treated with pesticides. (4) The decontamination supplies shall not be maintained in an area that is under a restricted-entry interval, unless the workers for whom the supplies are provided are performing early-entry activities permitted by § 170.112 and involving contact with treated surfaces and the decontamination supplies would otherwise not be reasonably accessible to those workers. (d) Decontamination after early-entry activities. At the end of any exposure period for workers engaged in early-entry activities permitted by § 170.112 and involving contact with anything that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of plants, the agricultural employer shall provide, at the site where the workers remove personal protective equipment, soap, clean towels, and a su�cient amount of water so that the workers may wash thoroughly. (a) Make available to that person prompt transportation from the agricultural establishment, including any labor camp on the agricultural establishment, to an appropriate emergency medical facility. (b) Provide to that person or to treating medical personnel, promptly upon request, any obtainable information on: (1) Product name, EPA registration number, and active ingredients of any product to which that person might have been exposed. (2) Antidote, �rst aid, and other medical information from the product labeling. (3) The circumstances of application or use of the pesticide on the agricultural establishment. https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/61-FR-33212 https://www.ecfr.gov/current/title-40/section-170.112 https://www.ecfr.gov/current/title-40/section-170.112 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 26/81 Subpart C - Standard for Pesticide Handlers § 170.202 Applicability of this subpart. Except as provided by §§ 170.203 and 170.204, this subpart applies when any pesticide is handled for use on an agricultural establishment. [60 FR 21952, May 3, 1995] § 170.203 Exceptions. Exceptions. This subpart does not apply when any pesticide is handled for use on an agricultural establishment in the following circumstances: [57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995] § 170.204 Exemptions. The handlers listed in this section are exempt from the speci�ed provisions of this subpart. (4) The circumstances of exposure of that person to the pesticide. (a) For mosquito abatement, Mediterranean fruit �y eradication, or similar wide-area public pest control programs sponsored by governmental entities. (b) On livestock or other animals, or in or about animal premises. (c) On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses. (d) On plants that are in ornamental gardens, parks, and public or private lawns and grounds and that are intended only for aesthetic purposes or climatic modi�cation. (e) In a manner not directly related to the production of agricultural plants, including, but not limited to, structural pest control, control of vegetation along rights-of-way and in other noncrop areas, and pasture and rangeland use. (f) For control of vertebrate pests. (g) As attractants or repellents in traps. (h) On the harvested portions of agricultural plants or on harvested timber. (i) For research uses of unregistered pesticides. (a) Owners of agricultural establishments. (1) The owner of an agricultural establishment is not required to provide to himself or members of his immediate family who are performing handling tasks on their own agricultural establishment the protections of: (i) Section 170.210(b) and (c). (ii) Section 170.222. https://www.ecfr.gov/current/title-40/section-170.203 https://www.ecfr.gov/current/title-40/section-170.204 https://www.federalregister.gov/citation/60-FR-21952 https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/60-FR-21952 https://www.ecfr.gov/current/title-40/section-170.210#p-170.210(b) https://www.ecfr.gov/current/title-40/section-170.210#p-170.210(c) https://www.ecfr.gov/current/title-40/section-170.222 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 27/81 [60 FR 21953, May 3, 1995, as amended at 73 FR 75599, Dec. 12, 2008] (iii) Section 170.230. (iv) Section 170.232. (v) Section 170.234. (vi) Section 170.235. (vii) Section 170.240(e) through (g). (viii) Section 170.250. (ix) Section 170.260. (2) The owner of the agricultural establishment must provide the protections listed in paragraphs (a)(1) (i) through (ix) of this section to other handlers and other persons who are not members of his immediate family. (b) Crop advisors. (1) Provided that the conditions of paragraph (b)(2) of this section are met, a person who is certi�ed or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or a State or Tribal lead agency for pesticide enforcement, and persons performing crop advising tasks under such quali�ed crop advisor's direct supervision, are exempt from the provisions of: (i) Section 170.232. (ii) Section 170.240. (iii) Section 170.250. (iv) Section 170.260. A person is under the direct supervision of a crop advisor when the crop advisor exerts the supervisory controls set out in paragraphs (b)(2)(iv) and (v) of this section. Direct supervision does not require that the crop advisor be physically present at all times, but the crop advisor must be readily accessible to the employees at all times. (2) Conditions of exemption. (i) The certi�cation or licensing program requires pesticide safety training that includes, at least, all the information in § 170.230(c)(4). (ii) No entry into the treated area occurs until after application ends. (iii) Applies only when performing crop advising tasks in the treated area. (iv) The crop advisor must make speci�c determinations regarding the appropriate PPE, appropriate decontamination supplies, and how to conduct the tasks safely. The crop advisor must convey this information to each person under his direct supervision in a language that the person understands. (v) Before entering a treated area, the certi�ed or licensed crop advisor must inform, through an established practice of communication, each person under his direct supervision of the pesticide products and active ingredient(s) applied, method of application, time of application, the restricted entry interval, which tasks to undertake, and how to contact the crop advisor. https://www.federalregister.gov/citation/60-FR-21953 https://www.federalregister.gov/citation/73-FR-75599 https://www.ecfr.gov/current/title-40/section-170.230 https://www.ecfr.gov/current/title-40/section-170.232 https://www.ecfr.gov/current/title-40/section-170.234 https://www.ecfr.gov/current/title-40/section-170.235 https://www.ecfr.gov/current/title-40/section-170.240#p-170.240(e) https://www.ecfr.gov/current/title-40/section-170.240#p-170.240(g) https://www.ecfr.gov/current/title-40/section-170.250 https://www.ecfr.gov/current/title-40/section-170.260 https://www.ecfr.gov/current/title-40/section-170.204#p-170.204(a)(1)(i) https://www.ecfr.gov/current/title-40/section-170.204#p-170.204(a)(1)(ix) https://www.ecfr.gov/current/title-40/section-170.204#p-170.204(b)(2) https://www.ecfr.gov/current/title-40/section-170.232 https://www.ecfr.gov/current/title-40/section-170.240 https://www.ecfr.gov/current/title-40/section-170.250 https://www.ecfr.gov/current/title-40/section-170.260 https://www.ecfr.gov/current/title-40/section-170.204#p-170.204(b)(2)(iv) https://www.ecfr.gov/current/title-40/section-170.204#p-170.204(b)(2)(v) https://www.ecfr.gov/current/title-40/section-170.230#p-170.230(c)(4) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 28/81 § 170.210 Restrictions during applications. § 170.222 Providing speci�ic information about applications. When handlers (except those employed by a commercial pesticide handling establishment) are on an agricultural establishment and, within the last 30 days, a pesticide covered by this subpart has been applied on the establishment or a restricted-entry interval has been in effect, the handler employer shall display, in accordance with this section, speci�c information about the pesticide. (a) Contact with workers and other persons. The handler employer and the handler shall assure that no pesticide is applied so as to contact, either directly or through drift, any worker or other person, other than an appropriately trained and equipped handler. (b) Handlers handling highly toxic pesticides. The handler employer shall assure that any handler who is performing any handling activity with a product that has the skull and crossbones symbol on the front panel of the label is monitored visually or by voice communication at least every 2 hours. (c) Fumigant applications in greenhouses. The handler employer shall assure: (1) That any handler who handles a fumigant in a greenhouse, including a handler who enters the greenhouse before the acceptable inhalation exposure level or ventilation criteria have been met to monitor air levels or to initiate ventilation, maintains continuous visual or voice contact with another handler. (2) That the other handler has immediate access to the personal protective equipment required by the fumigant labeling for handlers in the event entry into the fumigated greenhouse becomes necessary for rescue. (a) Location, accessibility, and legibility. The information shall be displayed in the same location speci�ed for the pesticide safety poster in § 170.235(d) of this part and shall be accessible and legible, as speci�ed in § 170.235(e) and (f) of this part. (b) Timing. (1) If warning signs are posted for the treated area before an application, the speci�c application information for that application shall be posted at the same time or earlier. (2) The information shall be posted before the application takes place, if handlers (except those employed by a commercial pesticide handling establishment) will be on the establishment during application. Otherwise, the information shall be posted at the beginning of any such handler's �rst work period. (3) The information shall continue to be displayed for at least 30 days after the end of the restricted-entry interval (or, if there is no restricted-entry interval, for at least 30 days after the end of the application) or at least until the handlers are no longer on the establishment, whichever is earlier. (c) Required information. The information shall include: (1) The location and description of the treated area. (2) The product name, EPA registration number, and active ingredient(s) of the pesticide. (3) The time and date the pesticide is to be applied. (4) The restricted-entry interval for the pesticide. https://www.ecfr.gov/current/title-40/part-170/section-170.235#p-170.235(d) https://www.ecfr.gov/current/title-40/part-170/section-170.235#p-170.235(e) https://www.ecfr.gov/current/title-40/part-170/section-170.235#p-170.235(f) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 29/81 § 170.224 Notice of applications to agricultural employers. Before the application of any pesticide on or in an agricultural establishment, the handler employer shall provide the following information to any agricultural employer for the establishment or shall assure that any agricultural employer is aware of: § 170.230 Pesticide safety training for handlers. (a) Speci�c location and description of the treated area. (b) Time and date of application. (c) Product name, EPA registration number, and active ingredient(s). (d) Restricted-entry interval. (e) Whether posting and oral noti�cation are required. (f) Any other product-speci�c requirements on the product labeling concerning protection of workers or other persons during or after application. (a) Requirement. Before any handler performs any handling task, the handler employer shall assure that the handler has been trained in accordance with this section during the last 5 years, counting from the end of the month in which the training was completed. (b) Exceptions. The following persons need not be trained under this section: (1) A handler who is currently certi�ed as an applicator of restricted-use pesticides under part 171 of this chapter. (2) A handler who satis�es the training requirements of part 171 of this chapter. (3) A handler who is certi�ed or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or a State or Tribal lead agency for pesticide enforcement, provided that a requirement for such certi�cation or licensing is pesticide safety training that includes all the information set out in § 170.230(c)(4). (c) Training programs. (1) General pesticide safety information shall be presented to handlers either orally from written materials or audiovisually. The information must be presented in a manner that the handlers can understand (such as through a translator). The presenter also shall respond to handlers' questions. (2) The person who conducts the training shall meet at least one of the following criteria: (i) Be currently certi�ed as an applicator of restricted-use pesticides under part 171 of this chapter; or (ii) Be currently designated as a trainer of certi�ed applicators or pesticide handlers by a State, Federal, or Tribal agency having jurisdiction; or (iii) Have completed a pesticide safety train-the-trainer program approved by a State, Federal, or Tribal agency having jurisdiction. (3) Any person who issues an EPA-approved Worker Protection Standard handler training certi�cate must assure that the handler who receives the training certi�cate has been trained in accordance with paragraph (c)(4) of this section. https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/section-170.230#p-170.230(c)(4) https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/section-170.230#p-170.230(c)(4) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 30/81 [57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21953, May 3, 1995] § 170.232 Knowledge of labeling and site-speci�ic information. (4) The pesticide safety training materials must convey, at a minimum, the following information: (i) Format and meaning of information contained on pesticide labels and in labeling, including safety information such as precautionary statements about human health hazards. (ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization. (iii) Routes by which pesticides can enter the body. (iv) Signs and symptoms of common types of pesticide poisoning. (v) Emergency �rst aid for pesticide injuries or poisonings. (vi) How to obtain emergency medical care. (vii) Routine and emergency decontamination procedures. (viii) Need for and appropriate use of personal protective equipment. (ix) Prevention, recognition, and �rst aid treatment of heat-related illness. (x) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup. (xi) Environmental concerns such as drift, runoff, and wildlife hazards. (xii) Warnings about taking pesticides or pesticide containers home. (xiii) Requirements of this subpart that must be followed by handler employers for the protection of handlers and other persons, including the prohibition against applying pesticides in a manner that will cause contact with workers or other persons, the requirement to use personal protective equipment, the provisions for training and decontamination, and the protection against retaliatory acts. (d) Veri�cation of training. (1) Except as provided in paragraph (d)(2) of this section, if the handler employer assures that a handler possesses an EPA-approved Worker Protection Standard handler training certi�cate, then the requirements of paragraph (a) of this section will have been met. (2) If the handler employer is aware or has reason to know that an EPA-approved Worker Protection Standard handler training certi�cate has not been issued in accordance with this section, or has not been issued to the handler bearing the certi�cate, or the handler training was completed more than 5 years before the beginning of the current month, a handler's possession of that certi�cate does not meet the requirements of paragraph (a) of this section. (a) Knowledge of labeling information. https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/60-FR-21953 https://www.ecfr.gov/current/title-40/section-170.230#p-170.230(d)(2) https://www.ecfr.gov/current/title-40/section-170.230#p-170.230(a) https://www.ecfr.gov/current/title-40/section-170.230#p-170.230(a) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 31/81 § 170.234 Safe operation of equipment. § 170.235 Posted pesticide safety information. (1) The handler employer shall assure that before the handler performs any handling activity, the handler either has read the product labeling or has been informed in a manner the handler can understand of all labeling requirements related to safe use of the pesticide, such as signal words, human hazard precautions, personal protective equipment requirements, �rst aid instructions, environmental precautions, and any additional precautions pertaining to the handling activity to be performed. (2) The handler employer shall assure that the handler has access to the product labeling information during handling activities. (b) Knowledge of site-speci�c information. Whenever a handler who is employed by a commercial pesticide handling establishment will be performing pesticide handling tasks on an agricultural establishment, the handler employer shall assure that the handler is aware of the following information concerning any areas on the agricultural establishment that the handler may be in (or may walk within1/4 mile of) and that may be treated with a pesticide or that may be under a restricted-entry interval while the handler will be on the agricultural establishment: (1) Speci�c location and description of any such areas; and (2) Restrictions on entering those areas. (a) The handler employer shall assure that before the handler uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment, including, when relevant, chemigation safety requirements and drift avoidance. (b) The handler employer shall assure that, before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts, and any damaged equipment is repaired or is replaced. (c) Before allowing any person to repair, clean, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the handler employer shall assure that pesticide residues have been removed from the equipment, unless the person doing the cleaning, repairing, or adjusting is a handler employed by the agricultural or commercial pesticide handling establishment. If pesticide residue removal is not feasible, the handler employer shall assure that the person who repairs, cleans, or adjusts such equipment is informed: (1) That such equipment may be contaminated with pesticides. (2) Of the potentially harmful effects of exposure to pesticides. (3) Of the correct way to handle such equipment. (a) Requirement. When handlers (except those employed by a commercial pesticide handling establishment) are on an agricultural establishment and, within the last 30 days, a pesticide covered by this subpart has been applied on the establishment or a restricted entry interval has been in effect, the handler employer shall display, in accordance with this section, pesticide safety information. 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 32/81 [57 FR 38151, Aug. 21, 1992, as amended at 80 FR 67556, Nov. 2, 2015] § 170.240 Personal protective equipment. (b) Pesticide safety poster. A safety poster must be displayed that conveys, at a minimum, the pesticide safety concepts listed in paragraphs (b)(1)(i) through (vii) and (b)(2) of this section. Displays conforming to § 170.311(a)(3) meet the requirements of this paragraph. (c) Emergency medical care information. (1) The name, address, and telephone number of the nearest emergency medical care facility shall be on the safety poster or displayed close to the safety poster. Displays conforming to § 170.311(a)(3)(ix) meet the requirements of this paragraph. (2) The handler employer shall inform handlers promptly of any change to the information on emergency medical care facilities. (d) Location. (1) The information shall be displayed in a central location on the farm or in the nursery or greenhouse where it can be readily seen and read by handlers. (2) The information shall be displayed in a location in or near the forest in a place where it can be readily seen and read by handlers and where handlers are likely to congregate or pass by, such as at a decontamination site or an equipment storage site. (e) Accessibility. Handlers shall be informed of the location of the information and shall be allowed access to it. (f) Legibility. The information shall remain legible during the time it is posted. (a) Requirement. Any person who performs tasks as a pesticide handler shall use the clothing and personal protective equipment speci�ed on the labeling for use of the product. (b) De�nition. (1) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear. (2) Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered personal protective equipment for the purposes of this section and are not subject to the requirements of this section, although pesticide labeling may require that such work clothing be worn during some activities. (c) Provision. When personal protective equipment is speci�ed by the labeling of any pesticide for any handling activity, the handler employer shall provide the appropriate personal protective equipment in clean and operating condition to the handler. (1) When “chemical-resistant” personal protective equipment is speci�ed by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use. https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/80-FR-67556 https://www.ecfr.gov/current/title-40/section-170.235#p-170.235(b)(1)(i) https://www.ecfr.gov/current/title-40/section-170.235#p-170.235(b)(1)(vii) https://www.ecfr.gov/current/title-40/section-170.235#p-170.235(b)(2) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(a)(3) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(a)(3)(ix) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 33/81 (2) When “waterproof” personal protective equipment is speci�ed by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use. (3) When a “chemical-resistant suit” is speci�ed by the product labeling, it shall be a loose-�tting, one- or two-piece chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet. (4) When “coveralls” are speci�ed by the product labeling, they shall be a loose-�tting, one- or two-piece garment, such as a cotton or cotton and polyester coverall, that covers, at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over another layer of clothing. (5) (i) Gloves shall be of the type speci�ed on the pesticide product labeling. Gloves made of leather, cotton, or other absorbent materials may not be worn while mixing, loading, applying, or otherwise handling pesticides, unless gloves made of these materials are listed as acceptable for such use on the product labeling. (ii) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide product labeling speci�cally prohibits their use. Separable glove liners are de�ned as separate glove-like hand coverings, made of lightweight material, with or without �ngers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical resistant gloves. Separable glove liners may not extend outside the chemical resistant gloves under which they are worn. Chemical-resistant gloves with non-separable absorbent lining materials are prohibited. (iii) If used, separable glove liners must be discarded immediately after a total of no more than 10 hours of use or within 24 hours of when �rst put on, whichever comes �rst. The liners must be replaced immediately if directly contacted by pesticide. Used glove liners shall not be reused. Contaminated liners must be disposed of in accordance with any Federal, State, or local regulations. (6) When “chemical-resistant footwear” is speci�ed by the product labeling, one of the following types of footwear must be worn: (i) Chemical-resistant shoes. (ii) Chemical-resistant boots. (iii) Chemical-resistant shoe coverings worn over shoes or boots. (7) When “protective eyewear” is speci�ed by the product labeling, one of the following types of eyewear must be worn: (i) Goggles. (ii) Face shield. (iii) Safety glasses with front, brow, and temple protection. (iv) Full-face respirator. (8) When a “chemical-resistant apron” is speci�ed by the product labeling, an apron that covers the front of the body from mid-chest to the knees shall be worn. 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 34/81 (9) When a respirator is speci�ed by the product labeling, it shall be appropriate for the pesticide product used and for the activity to be performed. The handler employer shall assure that the respirator �ts correctly. (10) When “chemical-resistant headgear” is speci�ed by the product labeling, it shall be either a chemical resistant hood or a chemical-resistant hat with a wide brim. (d) Exceptions to personal protective equipment speci�ed on product labeling (1) Body protection. (i) A chemical-resistant suit may be substituted for “coveralls,” and any requirement for an additional layer of clothing beneath is waived. (ii) A chemical-resistant suit may be substituted for “coveralls” and a chemical resistant apron. (2) Boots. If chemical-resistant footwear with su�cient durability and a tread appropriate for wear in rough terrain is not obtainable, then leather boots may be worn in such terrain. (3) Gloves. If chemical-resistant gloves with su�cient durability and suppleness are not obtainable, then during handling activities with roses or other plants with sharp thorns, leather gloves may be worn over chemical-resistant glove liners. However, once leather gloves are worn for this use, thereafter they shall be worn only with chemical-resistant liners and they shall not be worn for any other use. (4) Closed systems. If handling tasks are performed using properly functioning systems that enclose the pesticide to prevent it from contacting handlers or other persons, and if such systems are used and are maintained in accordance with that manufacturer's written operating instructions, exceptions to labeling-speci�ed personal protective equipment for the handling activity are permitted as provided in paragraphs (d)(4)(i) and (ii) of this section. (i) Persons using a closed system to mix or load pesticides with a signal word of DANGER or WARNING may substitute a long-sleeved shirt, long pants, shoes, socks, chemical-resistant apron, and any protective gloves speci�ed on the labeling for handlers for the labeling-speci�ed personal protective equipment. (ii) Persons using a closed system to mix or load pesticides other than those in paragraph (d)(4)(i) of this section or to perform other handling tasks may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling speci�ed personal protective equipment. (iii) Persons using a closed system that operates under pressure shall wear protective eyewear. (iv) Persons using a closed system shall have all labeling-speci�ed personal protective equipment immediately available for use in an emergency. (5) Enclosed cabs. If handling tasks are performed from inside a cab that has a nonporous barrier which totally surrounds the occupants of the cab and prevents contact with pesticides outside of the cab, exceptions to personal protective equipment speci�ed on the product labeling for that handling activity are permitted as provided in paragraphs (d)(5) (i) through (iv) of this section. (i) Persons occupying an enclosed cab may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-speci�ed personal protective equipment. If a respiratory protection device is speci�ed on the pesticide https://www.ecfr.gov/current/title-40/section-170.240#p-170.240(d)(4)(i) https://www.ecfr.gov/current/title-40/section-170.240#p-170.240(d)(4)(ii) https://www.ecfr.gov/current/title-40/section-170.240#p-170.240(d)(4)(i) https://www.ecfr.gov/current/title-40/section-170.240#p-170.240(d)(5)(i) https://www.ecfr.gov/current/title-40/section-170.240#p-170.240(d)(5)(iv) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 35/81 product labeling for the handling activity, it must be worn. (ii) Persons occupying an enclosed cab that has a properly functioning ventilation system which is used and maintained in accordance with the manufacturer's written operating instructions and which is declared in writing by the manufacturer or by a governmental agency to provide respiratory protection equivalent to or greater than a dust/mist �ltering respirator may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-speci�ed personal protective equipment. If a respiratory protection device other than a dust/mist-�ltering respirator is speci�ed on the pesticide product labeling, it must be worn. (iii) Persons occupying an enclosed cab that has a properly functioning ventilation system which is used and maintained in accordance with the manufacturer's written operating instructions and which is declared in writing by the manufacturer or by a governmental agency to provide respiratory protection equivalent to or greater than the vapor- or gas-removing respirator speci�ed on pesticide product labeling may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-speci�ed personal protective equipment. If an air-supplying respirator or a self-contained breathing apparatus (SCBA) is speci�ed on the pesticide product labeling, it must be worn. (iv) Persons occupying an enclosed cab shall have all labeling-speci�ed personal protective equipment immediately available and stored in a chemical-resistant container, such as a plastic bag. They shall wear such personal protective equipment if it is necessary to exit the cab and contact pesticide-treated surfaces in the treated area. Once personal protective equipment is worn in the treated area, it must be removed before reentering the cab. (6) Aerial application (i) Use of gloves. The wearing of chemical-resistant gloves when entering or leaving an aircraft used to apply pesticides is optional, unless such gloves are required on the pesticide product labeling. If gloves are brought into the cockpit of an aircraft that has been used to apply pesticides, the gloves shall be kept in an enclosed container to prevent contamination of the inside of the cockpit. (ii) Open cockpit. Persons occupying an open cockpit shall use the personal protective equipment speci�ed in the product labeling for use during application, except that chemical-resistant footwear need not be worn. A helmet may be substituted for chemical-resistant headgear. A visor may be substituted for protective eyewear. (iii) Enclosed cockpit. Persons occupying an enclosed cockpit may substitute a long-sleeved shirt, long pants, shoes, and socks for labeling-speci�ed personal protective equipment. (7) Crop advisors. Crop advisors entering treated areas while a restricted-entry interval is in effect may wear the personal protective equipment speci�ed on the pesticide labeling for early-entry activities instead of the personal protective equipment speci�ed on the pesticide labeling for handling activities, provided: (i) Application has been completed for at least 4 hours. (ii) Any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by § 170.110(c)(3) or in the labeling have been met. https://www.ecfr.gov/current/title-40/section-170.110#p-170.110(c)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 36/81 (e) Use of personal protective equipment. (1) The handler employer shall assure that personal protective equipment is used correctly for its intended purpose and is used according to the manufacturer's instructions. (2) The handler employer shall assure that, before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded. (f) Cleaning and maintenance. (1) The handler employer shall assure that all personal protective equipment is cleaned according to the manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water. (2) If any personal protective equipment cannot be cleaned properly, the handler employer shall dispose of the personal protective equipment in accordance with any applicable Federal, State, and local regulations. Coveralls or other absorbent materials that have been drenched or heavily contaminated with an undiluted pesticide that has the signal word DANGER or WARNING on the label shall be not be reused. (3) The handler employer shall assure that contaminated personal protective equipment is kept separately and washed separately from any other clothing or laundry. (4) The handler employer shall assure that all clean personal protective equipment shall be either dried thoroughly before being stored or shall be put in a well ventilated place to dry. (5) The handler employer shall assure that all personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas. (6) The handler employer shall assure that when dust/mist �ltering respirators are used, the �lters shall be replaced: (i) When breathing resistance becomes excessive. (ii) When the �lter element has physical damage or tears. (iii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent. (iv) In the absence of any other instructions or indications of service life, at the end of each day's work period. (7) The handler employer shall assure that when gas- or vapor-removing respirators are used, the gas- or vapor-removing canisters or cartridges shall be replaced: (i) At the �rst indication of odor, taste, or irritation. (ii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent. (iii) In the absence of any other instructions or indications of service life, at the end of each day's work period. (8) The handler employer shall inform any person who cleans or launders personal protective equipment: 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 37/81 [57 FR 38151, Aug. 21, 1992, as amended at 69 FR 53346, Sept. 1, 2004] § 170.250 Decontamination. (i) That such equipment may be contaminated with pesticides. (ii) Of the potentially harmful effects of exposure to pesticides. (iii) Of the correct way(s) to clean personal protective equipment and to protect themselves when handling such equipment. (9) The handler employer shall assure that handlers have a clean place(s) away from pesticide storage and pesticide use areas where they may: (i) Store personal clothing not in use. (ii) Put on personal protective equipment at the start of any exposure period. (iii) Remove personal protective equipment at the end of any exposure period. (10) The handler employer shall not allow or direct any handler to wear home or to take home personal protective equipment contaminated with pesticides. (g) Heat-related illness. When the use of personal protective equipment is speci�ed by the labeling of any pesticide for the handling activity, the handler employer shall assure that no handler is allowed or directed to perform the handling activity unless appropriate measures are taken, if necessary, to prevent heat-related illness. (a) Requirement. During any handling activity, the handler employer shall provide for handlers, in accordance with this section, decontamination supplies for washing off pesticides and pesticide residues. (b) General conditions. (1) The handler employer shall provide handlers with enough water for routine washing, for emergency eye�ushing, and for washing the entire body in case of an emergency. At all times when the water is available to handlers, the handler employer shall assure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. (2) When water stored in a tank is to be used for mixing pesticides, it shall not be used for decontamination or eye �ushing, unless the tank is equipped with properly functioning valves or other mechanisms that prevent movement of pesticides into the tank. (3) The handler employer shall provide soap and single-use towels in quantities su�cient to meet handlers' needs. (4) The handler employer shall provide one clean change of clothing, such as coveralls, for use in an emergency. (c) Location. The decontamination supplies shall be located together and be reasonably accessible to and not more than1/4 mile from each handler during the handling activity. (1) Exception for mixing sites. For mixing activities, decontamination supplies shall be at the mixing site. https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/69-FR-53346 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 38/81 [57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33213, June 26, 1996] § 170.260 Emergency assistance. If there is reason to believe that a person who is or has been employed by an agricultural establishment or commercial pesticide handling establishment to perform pesticide handling tasks has been poisoned or injured by exposure to pesticides as a result of that employment, including, but not limited to, exposures from handling tasks or from application, splash, spill, drift, or pesticide residues, the handler employer shall: (2) Exception for pilots. Decontamination supplies for a pilot who is applying pesticides aerially shall be in the airplaine or at the aircraft loading site. (3) Exception for handling pesticides in remote areas. When handling activities are performed more than1/4 mile from the nearest place of vehicular access: (i) The soap, single-use towels, clean change of clothing, and water may be at the nearest place of vehicular access. (ii) The handler employer may permit handlers to use clean water from springs, streams, lakes, or other sources for decontamination at the remote work site, if such water is more accessible than the water located at the nearest place of vehicular access. (4) Decontamination supplies in treated areas. The decontamination supplies shall not be in an area being treated with pesticides or in an area under a restricted-entry interval, unless: (i) The decontamination supplies are in the area where the handler is performing handling activities; (ii) The soap, single-use towels, and clean change of clothing are in enclosed containers; and (iii) The water is running tap water or is enclosed in a container. (d) Emergency eye�ushing. To provide for emergency eye�ushing, the handler employer shall assure that at least 1 pint of water is immediately available to each handler who is performing tasks for which the pesticide labeling requires protective eyewear. The eye�ush water shall be carried by the handler, or shall be on the vehicle or aircraft the handler is using, or shall be otherwise immediately accessible. (e) Decontamination after handling activities. At the end of any exposure period, the handler employer shall provide at the site where handlers remove personal protective equipment, soap, clean towels, and a su�cient amount of water so that the handlers may wash thoroughly. (a) Make available to that person prompt transportation from the place of employment or the handling site to an appropriate emergency medical facility. (b) Provide to that person or to treating medical personnel, promptly upon request, any obtainable information on: (1) Product name, EPA registration number, and active ingredients of any product to which that person might have been exposed. (2) Antidote, �rst aid, and other medical information from the product labeling. https://www.federalregister.gov/citation/57-FR-38151 https://www.federalregister.gov/citation/61-FR-33213 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 39/81 Subpart D - General Provisions Source: 80 FR 67557, Nov. 2, 2015, unless otherwise noted. § 170.301 Scope and purpose. This regulation is primarily intended to reduce the risks of illness or injury to workers and handlers resulting from occupational exposures to pesticides used in the production of agricultural plants on agricultural establishments. It requires agricultural employers and commercial pesticide handler employers to provide speci�c information and protections to workers, handlers and other persons when pesticides are used on agricultural establishments in the production of agricultural plants. It also requires handlers to wear the labeling-speci�ed clothing and personal protective equipment when performing handler activities, and to take measures to protect workers and other persons during pesticide applications. § 170.303 Applicability of this part. (3) The circumstances of handling of the pesticide. (4) The circumstances of exposure of that person to the pesticide. (a) This regulation applies whenever a pesticide product bearing a label requiring compliance with this part is used in the production of agricultural plants on an agricultural establishment, except as provided in paragraphs (b) and (c) of this section. (b) This regulation does not apply when a pesticide product bearing a label requiring compliance with this part is used on an agricultural establishment in any of the following circumstances: (1) As part of government-sponsored public pest control programs over which the owner, agricultural employer and handler employer have no control, such as mosquito abatement and Mediterranean fruit �y eradication programs. (2) On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, public or private landscaping, lawns or other grounds that are intended only for aesthetic purposes or climatic modi�cation. (3) For control of vertebrate pests, unless directly related to the production of an agricultural plant. (4) As attractants or repellents in traps. (5) On the harvested portions of agricultural plants or on harvested timber. (6) For research uses of unregistered pesticides. (7) On pasture and rangeland where the forage will not be harvested for hay. (8) In a manner not directly related to the production of agricultural plants, including, but not limited to structural pest control and control of vegetation in non-crop areas. https://www.ecfr.gov/current/title-40/section-170.303#p-170.303(b) https://www.ecfr.gov/current/title-40/section-170.303#p-170.303(c) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 40/81 § 170.305 De�initions. Terms used in this part have the same meanings they have in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, when used in this part, shall have the following meanings: Agricultural employer means any person who is an owner of, or is responsible for the management or condition of, an agricultural establishment, and who employs any worker or handler. Agricultural establishment means any farm, forest operation, or nursery engaged in the outdoor or enclosed space production of agricultural plants. An establishment that is not primarily agricultural is an agricultural establishment if it produces agricultural plants for transplant or use (in part or their entirety) in another location instead of purchasing the agricultural plants. Agricultural plant means any plant, or part thereof, grown, maintained, or otherwise produced for commercial purposes, including growing, maintaining or otherwise producing plants for sale or trade, for research or experimental purposes, or for use in part or their entirety in another location. Agricultural plant includes, but is not limited to, grains, fruits and vegetables; wood �ber or timber products; �owering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing. Application exclusion zone means the area surrounding the point(s) of pesticide discharge from the application equipment that must generally be free of all persons during pesticide applications. Chemigation means the application of pesticides through irrigation systems. Closed system means an engineering control used to protect handlers from pesticide exposure hazards when mixing and loading pesticides. Commercial pesticide handler employer means any person, other than an agricultural employer, who employs any handler to perform handler activities on an agricultural establishment. A labor contractor who does not provide pesticide application services or supervise the performance of handler activities, but merely employs laborers who perform handler activities at the direction of an agricultural or handler employer, is not a commercial pesticide handler employer. Commercial pesticide handling establishment means any enterprise, other than an agricultural establishment, that provides pesticide handler or crop advising services to agricultural establishments. Crop advisor means any person who is assessing pest numbers, damage, pesticide distribution, or the status or requirements of agricultural plants. Designated representative means any persons designated in writing by a worker or handler to exercise a right of access on behalf of the worker or handler to request and obtain a copy of the pesticide application and hazard information required by § 170.309(h) in accordance with § 170.311(b) of this part. (c) Where a pesticide product's labeling-speci�c directions for use or other labeling requirements are inconsistent with requirements of this part, users must comply with the pesticide product labeling, except as provided for in §§ 170.601, 170.603 and 170.607. https://www.ecfr.gov/current/title-40/section-170.309#p-170.309(h) https://www.ecfr.gov/current/title-40/part-170/section-170.311#p-170.311(b) https://www.ecfr.gov/current/title-40/section-170.601 https://www.ecfr.gov/current/title-40/section-170.603 https://www.ecfr.gov/current/title-40/section-170.607 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 41/81 Early entry means entry by a worker into a treated area on the agricultural establishment after a pesticide application is complete, but before any restricted-entry interval for the pesticide has expired. Employ means to obtain, directly or through a labor contractor, the services of a person in exchange for a salary or wages, including piece-rate wages, without regard to who may pay or who may receive the salary or wages. It includes obtaining the services of a self-employed person, an independent contractor, or a person compensated by a third party, except that it does not include an agricultural employer obtaining the services of a handler through a commercial pesticide handler employer or a commercial pesticide handling establishment. Enclosed cab means a cab with a nonporous barrier that totally surrounds the occupant(s) of the cab and prevents dermal contact with pesticides that are being applied outside of the cab. Enclosed space production means production of an agricultural plant indoors or in a structure or space that is covered in whole or in part by any nonporous covering and that is large enough to permit a person to enter. Fumigant means any pesticide product that is a vapor or gas, or forms a vapor or gas upon application, and whose pesticidal action is achieved through the gaseous or vapor state. Hand labor means any agricultural activity performed by hand or with hand tools that causes a worker to have substantial contact with plants, plant parts, or soil and other surfaces that may contain pesticide residues, except that hand labor does not include operating, moving, or repairing irrigation or watering equipment or performing crop advisor tasks. Handler means any person, including a self-employed person, who is employed by an agricultural employer or commercial pesticide handler employer and performs any of the following activities: (1) Mixing, loading, or applying pesticides. (2) Disposing of pesticides. (3) Handling opened containers of pesticides, emptying, triple-rinsing, or cleaning pesticide containers according to pesticide product labeling instructions, or disposing of pesticide containers that have not been cleaned. The term does not include any person who is only handling unopened pesticide containers or pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions. (4) Acting as a �agger. (5) Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues. (6) Assisting with the application of pesticides. (7) Entering an enclosed space after the application of a pesticide and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by § 170.405(b)(3) or the labeling has been met to operate ventilation equipment, monitor air levels, or adjust or remove coverings used in fumigation. (8) Entering a treated area outdoors after application of any soil fumigant during the labeling speci�ed entry-restricted period to adjust or remove coverings used in fumigation. https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 42/81 Handler employer means any person who is self-employed as a handler or who employs any handler. Immediate family is limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and �rst cousins. “First cousin” means the child of a parent's sibling, i.e., the child of an aunt or uncle. Labor contractor means a person, other than a commercial pesticide handler employer, who employs workers or handlers to perform tasks on an agricultural establishment for an agricultural employer or a commercial pesticide handler employer. Outdoor production means production of an agricultural plant in an outside area that is not enclosed or covered in any way that would obstruct the natural air �ow. Owner means any person who has a present possessory interest (e.g., fee, leasehold, rental, or other) in an agricultural establishment. A person who has both leased such agricultural establishment to another person and granted that same person the right and full authority to manage and govern the use of such agricultural establishment is not an owner for purposes of this part. Personal protective equipment means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical resistant suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical resistant aprons, chemical-resistant headgear, and protective eyewear. Restricted-entry interval means the time after the end of a pesticide application during which entry into the treated area is restricted. Safety data sheet has the same meaning as the de�nition at 29 CFR 1900.1200(c). Treated area means any area to which a pesticide is being directed or has been directed. Use, as in “to use a pesticide” means any of the following: (9) Performing tasks as a crop advisor during any pesticide application or restricted-entry interval, or before the inhalation exposure level listed in the pesticide product labeling has been reached or one of the ventilation criteria established by § 170.405(b)(3) or the pesticide product labeling has been met. (1) Pre-application activities, including, but not limited to: (i) Arranging for the application of the pesticide. (ii) Mixing and loading the pesticide. (iii) Making necessary preparations for the application of the pesticide, including responsibilities related to worker noti�cation, training of workers or handlers, providing decontamination supplies, providing pesticide safety information and pesticide application and hazard information, use and care of personal protective equipment, providing emergency assistance, and heat stress management. (2) Application of the pesticide. https://www.ecfr.gov/current/title-29/section-1900.1200#p-1900.1200(c) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 43/81 Worker means any person, including a self-employed person, who is employed and performs activities directly relating to the production of agricultural plants on an agricultural establishment. Worker housing area means any place or area of land on or near an agricultural establishment where housing or space for housing is provided for workers or handlers by an agricultural employer, owner, labor contractor, or any other person responsible for the recruitment or employment of agricultural workers. [80 FR 67557, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020] § 170.309 Agricultural employer duties. Agricultural employers must: (3) Post-application activities intended to reduce the risks of illness and injury resulting from handlers' and workers' occupational exposures to pesticide residues during and after the restricted-entry interval, including responsibilities related to worker noti�cation, training of workers or early-entry workers, providing decontamination supplies, providing pesticide safety information and pesticide application and hazard information, use and care of personal protective equipment, providing emergency assistance, and heat stress management. (4) Other pesticide-related activities, including, but not limited to, transporting or storing pesticides that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide containing materials. (a) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this part, when applied on the agricultural establishment. (b) Ensure that each worker and handler subject to this part receives the protections required by this part. (c) Ensure that any handler and any early entry worker is at least 18 years old. (d) Provide to each person, including labor contractors, who supervises any workers or handlers information and directions su�cient to ensure that each worker and handler receives the protections required by this part. Such information and directions must specify the tasks for which the supervisor is responsible in order to comply with the provisions of this part. (e) Require each person, including labor contractors, who supervises any workers or handlers to provide su�cient information and directions to each worker and handler to ensure that they can comply with the provisions of this part. (f) Provide emergency assistance in accordance with this paragraph. If there is reason to believe that a worker or handler has experienced a potential pesticide exposure during his or her employment on the agricultural establishment or shows symptoms similar to those associated with acute exposure to pesticides during or within 72 hours after his or her employment on the agricultural establishment, and needs emergency medical treatment, the agricultural employer must do all of the following promptly after learning of the possible poisoning or injury: https://www.federalregister.gov/citation/80-FR-67557 https://www.federalregister.gov/citation/85-FR-68781 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 44/81 (1) Make available to that person transportation from the agricultural establishment, including any worker housing area on the establishment, to an operating medical care facility capable of providing emergency medical treatment to a person exposed to pesticides. (2) Provide all of the following information to the treating medical personnel: (i) Copies of the applicable safety data sheet(s) and the product name(s), EPA registration number(s) and active ingredient(s) for each pesticide product to which the person may have been exposed. (ii) The circumstances of application or use of the pesticide on the agricultural establishment. (iii) The circumstances that could have resulted in exposure to the pesticide. (g) Ensure that workers or other persons employed by the agricultural establishment do not clean, repair, or adjust pesticide application equipment, unless trained as a handler under § 170.501. Before allowing any person not directly employed by the agricultural establishment to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the agricultural employer must provide all of the following information to such person: (1) Pesticide application equipment may be contaminated with pesticides. (2) The potentially harmful effects of exposure to pesticides. (3) Procedures for handling pesticide application equipment and for limiting exposure to pesticide residues. (4) Personal hygiene practices and decontamination procedures for preventing pesticide exposures and removing pesticide residues. (h) Display, maintain, and provide access to pesticide safety information and pesticide application and hazard information in accordance with § 170.311 if workers or handlers are on the establishment and within the last 30 days a pesticide product has been used or a restricted-entry interval for such pesticide has been in effect on the establishment. (i) Ensure that before a handler uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment. (j) Ensure that before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts, and any damaged equipment is repaired or replaced. (k) Ensure that whenever handlers employed by a commercial pesticide handling establishment will be on an agricultural establishment, the handler employer is provided information about, or is aware of, the speci�c location and description of any treated areas on the agricultural establishment where a restricted-entry interval is in effect that the handler may be in (or may walk within1/4 mile of), and any restrictions on entering those areas. (l) Ensure that workers do not enter any area on the agricultural establishment where a pesticide has been applied until the applicable pesticide application and hazard information for each pesticide product applied to that area is displayed in accordance with § 170.311(b), and until after the restricted-entry interval has expired and all treated area warning signs have been removed or covered, except for entry permitted by § 170.603 of this part. https://www.ecfr.gov/current/title-40/section-170.501 https://www.ecfr.gov/current/title-40/section-170.311 https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b) https://www.ecfr.gov/current/title-40/part-170/section-170.603 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 45/81 § 170.311 Display requirements for pesticide safety information and pesticide application and hazard information. (m) Provide any records or other information required by this part for inspection and copying upon request by an employee of EPA or any duly authorized representative of a Federal, State or Tribal government agency responsible for pesticide enforcement. (a) Display of Pesticide Safety Information. Whenever pesticide safety information and pesticide application and hazard information are required to be provided under § 170.309(h), pesticide safety information must be displayed in accordance with this paragraph. (1) General. The pesticide safety information must be conveyed in a manner that workers and handlers can understand. (2) Content prior to January 1, 2018. Prior to January 1, 2018, the safety information must include all of the following points: (i) Help keep pesticides from entering your body. Avoid getting on your skin or into your body any pesticides that may be on plants and soil, in irrigation water, or drifting from nearby applications. (ii) Wash before eating, drinking, using chewing gum or tobacco, or using the toilet. (iii) Wear work clothing that protects the body from pesticide residues (long sleeved shirts, long pants, shoes and socks, and a hat or scarf). (iv) Wash or shower with soap and water, shampoo hair, and put on clean clothes after work. (v) Wash work clothes separately from other clothes before wearing them again. (vi) Wash immediately in the nearest clean water if pesticides are spilled or sprayed on the body. As soon as possible, shower, shampoo, and change into clean clothes. (vii) Follow directions about keeping out of treated or restricted areas. (viii) The name, address, and telephone number of a nearby operating medical care facility capable of providing emergency medical treatment. This information must be clearly identi�ed as emergency medical contact information on the display. (ix) There are Federal rules to protect workers and handlers, including a requirement for safety training. (3) Content after January 1, 2018. After January 1, 2018, the pesticide safety information must include all of the points in § 170.311(a)(3)(i)-(x) instead of the points listed in § 170.311(a)(2)(i)-(ix). (i) Avoid getting on the skin or into the body any pesticides that may be on or in plants, soil, irrigation water, tractors, and other equipment, on used personal protective equipment, or drifting from nearby applications. (ii) Wash before eating, drinking, using chewing gum or tobacco, or using the toilet. (iii) Wear work clothing that protects the body from pesticide residues (long sleeved shirts, long pants, shoes and socks, and a hat or scarf). https://www.ecfr.gov/current/title-40/section-170.309#p-170.309(h) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(a)(3)(i) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(a)(2)(i) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 46/81 (iv) Wash or shower with soap and water, shampoo hair, and put on clean clothes after work. (v) Wash work clothes separately from other clothes before wearing them again. (vi) If pesticides are spilled or sprayed on the body use decontamination supplies to wash immediately, or rinse off in the nearest clean water, including springs, streams, lakes or other sources if more readily available than decontamination supplies, and as soon as possible, wash or shower with soap and water, shampoo hair, and change into clean clothes. (vii) Follow directions about keeping out of treated areas and application exclusion zones. (viii) Instructions to employees to seek medical attention as soon as possible if they believe they have been poisoned, injured or made ill by pesticides. (ix) The name, address, and telephone number of a nearby operating medical care facility capable of providing emergency medical treatment. This information must be clearly identi�ed as emergency medical contact information on the display. (x) The name, address and telephone number of the State or Tribal pesticide regulatory agency. (4) Changes to pesticide safety information. The agricultural employer must update the pesticide safety information display within 24 hours of notice of any changes to the information required in §§ 170.311(a)(2)(viii) or 170.311(a)(3)(ix). (5) Location. The pesticide safety information must be displayed at each of the following sites on the agricultural establishment: (i) The site selected pursuant to § 170.311(b)(2) for display of pesticide application and hazard information. (ii) Anywhere that decontamination supplies must be provided on the agricultural establishment pursuant to §§ 170.411, 170.509 or 170.605, but only when the decontamination supplies are located at permanent sites or being provided at locations and in quantities to meet the requirements for 11 or more workers or handlers. (6) Accessibility. When pesticide safety information is required to be displayed, workers and handlers must be allowed access to the pesticide safety information at all times during normal work hours. (7) Legibility. The pesticide safety information must remain legible at all times when the information is required to be displayed. (b) Keeping and displaying pesticide application and hazard information. Whenever pesticide safety information and pesticide application and hazard information is required to be provided under § 170.309(h), pesticide application and hazard information for any pesticides that are used on the agricultural establishment must be displayed, retained, and made accessible in accordance with this paragraph. (1) Content. The pesticide application and hazard information must include all of the following information for each pesticide product applied: (i) A copy of the safety data sheet. https://www.ecfr.gov/current/title-40/section-170.311(a)(2)(viii) https://www.ecfr.gov/current/title-40/section-170.311(a)(3)(ix) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b)(2) https://www.ecfr.gov/current/title-40/section-170.411 https://www.ecfr.gov/current/title-40/section-170.509 https://www.ecfr.gov/current/title-40/section-170.605 https://www.ecfr.gov/current/title-40/section-170.309#p-170.309(h) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 47/81 (ii) The name, EPA registration number, and active ingredient(s) of the pesticide product. (iii) The crop or site treated and the location and description of the treated area. (iv) The date(s) and times the application started and ended. (v) The duration of the applicable labeling-speci�ed restricted-entry interval for that application. (2) Location. The pesticide application and hazard information must be displayed at a place on the agricultural establishment where workers and handlers are likely to pass by or congregate and where it can be readily seen and read. (3) Accessibility. When the pesticide application and hazard information is required to be displayed, workers and handlers must be allowed access to the location of the information at all times during normal work hours. (4) Legibility. The pesticide application and hazard information must remain legible at all times when the information is required to be displayed. (5) Timing. The pesticide application and hazard information for each pesticide product applied must be displayed no later than 24 hours after the end of the application of the pesticide. The pesticide application and hazard information must be displayed continuously from the beginning of the display period until at least 30 days after the end of the last applicable restricted-entry interval, or until workers or handlers are no longer on the establishment, whichever is earlier. (6) Record retention. Whenever pesticide safety information and pesticide application and hazard information is required to be displayed in accordance with this paragraph (b), the agricultural employer must retain the pesticide application and hazard information described in § 170.311(b)(1) on the agricultural establishment for two years after the date of expiration of the restricted-entry interval applicable to the pesticide application conducted. (7) Access to pesticide application and hazard information by a worker or handler. (i) If a person is or was employed as a worker or handler by an establishment during the period that particular pesticide application and hazard information was required to be displayed and retained for two years in accordance with §§ 170.311(b)(5) and 170.311(b)(6), and the person requests a copy of such application and/or hazard information, or requests access to such application and/or hazard information after it is no longer required to be displayed, the agricultural employer must provide the worker or handler with a copy of or access to all of the requested information within 15 days of the receipt of any such request. The worker or handler may make the request orally or in writing. (ii) Whenever a record has been previously provided without cost to a worker or handler or their designated representative, the agricultural employer may charge reasonable, non-discriminatory administrative costs (i.e., search and copying expenses but not including overhead expenses) for a request by the worker or handler for additional copies of the record. (8) Access to pesticide application and hazard information by treating medical personnel. Any treating medical personnel, or any person acting under the supervision of treating medical personnel, may request, orally or in writing, access to or a copy of any information required to be retained for two years by § 170.311(b)(6) in order to inform diagnosis or treatment of a worker or https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b)(1) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b)(5) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b)(6) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b)(6) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 48/81 § 170.313 Commercial pesticide handler employer duties. handler who was employed on the establishment during the period that the information was required to be displayed. The agricultural employer must promptly provide a copy of or access to all of the requested information applicable to the worker's or handler's time of employment on the establishment after receipt of the request. (9) Access to pesticide application and hazard information by a designated representative. (i) Any worker's or handler's designated representative may request access to or a copy of any information required to be retained for two years by § 170.311(b) (6) on behalf of a worker or handler employed on the establishment during the period that the information was required to be displayed. The agricultural employer must provide access to or a copy of the requested information applicable to the worker's or handler's time of employment on the establishment within 15 days after receiving any such request, provided the request meets the requirements speci�ed in § 170.311(b)(9)(ii). (ii) A request by a designated representative for access to or a copy of any pesticide application and/or hazard information must be in writing and must contain all of the following: (A) The name of the worker or handler being represented. (B) A description of the speci�c information being requested. The description should include the dates of employment of the worker or handler, the date or dates for which the records are requested, type of work conducted by the worker or handler (e.g., planting, harvesting, applying pesticides, mixing or loading pesticides) during the period for which the records are requested, and the speci�c application and/or hazard information requested. (C) A written statement clearly designating the representative to request pesticide application and hazard information on the worker's or handler's behalf, bearing the worker's or handler's printed name and signature, the date of the designation, and the printed name and contact information for the designated representative. (D) If the worker or handler requests that the pesticide application and/or the hazard information be sent, direction for where to send the information (e.g., mailing address or email address). (iii) If the written request from a designated representative contains all of the necessary information speci�ed in § 170.313(b)(9)(ii), the employer must provide a copy of or access to all of the requested information applicable to the worker's or handler's time of employment on the establishment to the designated representative within 15 days of receiving the request. (iv) Whenever a record has been previously provided without cost to a worker or handler or their designated representative, the agricultural employer may charge reasonable, non-discriminatory administrative costs (i.e., search and copying expenses but not including overhead expenses) for a request by the designated representative for additional copies of the record. https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b)(6) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b)(9)(ii) https://www.ecfr.gov/current/title-40/section-170.313#p-170.313(b)(9)(ii) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 49/81 Commercial pesticide handler employers must: (a) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this part, when applied on an agricultural establishment by a handler employed by the commercial pesticide handling establishment. (b) Ensure each handler employed by the commercial pesticide handling establishment and subject to this part receives the protections required by this part. (c) Ensure that any handler employed by the commercial pesticide handling establishment is at least 18 years old. (d) Provide to each person, including labor contractors, who supervises any handlers employed by the commercial pesticide handling establishment, information and directions su�cient to ensure that each handler receives the protections required by this part. Such information and directions must specify the tasks for which the supervisor is responsible in order to comply with the provisions of this part. (e) Require each person, including labor contractors, who supervises any handlers employed by the commercial pesticide handling establishment, to provide su�cient information and directions to each handler to ensure that the handler can comply with the provisions of this part. (f) Ensure that before any handler employed by the commercial pesticide handling establishment uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment. (g) Ensure that, before each day of use, equipment used by their employees for mixing, loading, transferring, or applying pesticides is inspected for leaks, obstructions, and worn or damaged parts, and any damaged equipment is repaired or is replaced. (h) Ensure that whenever a handler who is employed by a commercial pesticide handling establishment will be on an agricultural establishment, the handler is provided information about, or is aware of, the speci�c location and description of any treated areas where a restricted-entry interval is in effect, and the restrictions on entering those areas. (i) Provide the agricultural employer all of the following information before the application of any pesticide on an agricultural establishment: (1) Speci�c location(s) and description of the area(s) to be treated. (2) The date(s) and start and estimated end times of application. (3) Product name, EPA registration number, and active ingredient(s). (4) The labeling-speci�ed restricted-entry interval applicable for the application. (5) Whether posting, oral noti�cation or both are required under § 170.409. (6) Any restrictions or use directions on the pesticide product labeling that must be followed for protection of workers, handlers, or other persons during or after application. (j) If there are any changes to the information provided in § 170.313(i)(1), § 170.313(i)(4), § 170.313(i)(5), § 170.313(i)(6) or if the start time for the application will be earlier than originally forecasted or scheduled, ensure that the agricultural employer is provided updated information prior to the application. If there are any changes to any other https://www.ecfr.gov/current/title-40/section-170.409 https://www.ecfr.gov/current/title-40/section-170.313#p-170.313(i)(1) https://www.ecfr.gov/current/title-40/section-170.313#p-170.313(i)(4) https://www.ecfr.gov/current/title-40/section-170.313#p-170.313(i)(5) https://www.ecfr.gov/current/title-40/section-170.313#p-170.313(i)(6) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 50/81 ยง 170.315 Prohibited actions. No agricultural employer, commercial pesticide handler employer, or other person involved in the use of a pesticide to which this part applies, shall intimidate, threaten, coerce, or discriminate against any worker or handler for complying with or attempting to comply with this part, or because information provided pursuant to ยง 170.313(i), the commercial pesticide handler employer must provide updated information to the agricultural employer within two hours after completing the application. Changes to the estimated application end time of less than one hour need not be reported to the agricultural employer. (k) Provide emergency assistance in accordance with this paragraph. If there is reason to believe that a handler employed by the commercial pesticide handling establishment has experienced a potential pesticide exposure during his or her employment by the commercial pesticide handling establishment or shows symptoms similar to those associated with acute exposure to pesticides during or within 72 hours after his or her employment by the commercial pesticide handling establishment, and needs emergency medical treatment, the commercial pesticide handler employer must do all of the following promptly after learning of the possible poisoning or injury: (1) Make available to that person transportation from the commercial pesticide handling establishment, or any agricultural establishment on which that handler may be working on behalf of the commercial pesticide handling establishment, to an operating medical care facility capable of providing emergency medical treatment to a person exposed to pesticides. (2) Provide all of the following information to the treating medical personnel: (i) Copies of the applicable safety data sheet(s) and the product name(s), EPA registration number(s) and active ingredient(s) for each pesticide product to which the person may have been exposed. (ii) The circumstances of application or use of the pesticide. (iii) The circumstances that could have resulted in exposure to the pesticide. (l) Ensure that persons directly employed by the commercial pesticide handling establishment do not clean, repair, or adjust pesticide application equipment, unless trained as a handler under ยง 170.501. Before allowing any person not directly employed by the commercial pesticide handling establishment to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the commercial pesticide handler employer must provide all of the following information to such persons: (1) Notice that the pesticide application equipment may be contaminated with pesticides. (2) The potentially harmful effects of exposure to pesticides. (3) Procedures for handling pesticide application equipment and for limiting exposure to pesticide residues. (4) Personal hygiene practices and decontamination procedures for preventing pesticide exposures and removing pesticide residues. (m) Provide any records or other information required by this part for inspection and copying upon request by an employee of EPA or any duly authorized representative of a Federal, State or Tribal government agency responsible for pesticide enforcement. https://www.ecfr.gov/current/title-40/section-170.313#p-170.313(i) https://www.ecfr.gov/current/title-40/section-170.501 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 51/81 the worker or handler provided, caused to be provided or is about to provide information to the employer or the EPA or any duly authorized representative of a Federal, State or Tribal government regarding conduct that the worker or handler reasonably believes violates this part, has made a complaint, testi�ed, assisted, or participated in any manner in an investigation, proceeding, or hearing concerning compliance with this part, or has objected to, or refused to participate in, any activity, policy, practice, or assigned task that the worker or handler reasonably believed to be in violation of this part. Any such intimidation, threat, coercion, or discrimination violates FIFRA section 12(a)(2)(G), 7 U.S.C. 136j(a)(2)(G). § 170.317 Violations of this part. Subpart E - Requirements for Protection of Agricultural Workers Source: 80 FR 67562, Nov. 2, 2015, unless otherwise noted. § 170.401 Training requirements for workers. (a) Under FIFRA section 12(a)(2)(G), it is unlawful for any person “to use any registered pesticide in a manner inconsistent with its labeling.” When this part is referenced on a label, users must comply with all of its requirements, except those that are inconsistent with product-speci�c instructions on the pesticide product labeling, except as provided for in §§ 170.601, 170.603 and 170.607. (b) A person who has a duty under this part, as referenced on the pesticide product labeling, and who fails to perform that duty, violates FIFRA section 12(a)(2)(G) and is subject to a civil penalty under section 14. A person who knowingly violates section 12(a)(2)(G) is subject to section 14 criminal sanctions. (c) FIFRA section 14(b)(4) provides that a person is liable for a penalty under FIFRA if another person employed by or acting for that person violates any provision of FIFRA. The term “acting for” includes both employment and contractual relationships, including, but not limited to, labor contractors. (d) The requirements of this part, including the decontamination requirements, must not, for the purposes of section 653(b)(1) of Title 29 of the U.S. Code, be deemed to be the exercise of statutory authority to prescribe or enforce standards or regulations affecting the general sanitary hazards addressed by the OSHA Field Sanitation Standard, 29 CFR 1928.110, or other agricultural non-pesticide hazards. (a) General requirement. Before any worker performs any task in a treated area on an agricultural establishment where within the last 30 days a pesticide product has been used or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ensure that each worker has been trained in accordance with this section within the last 12 months, except as provided in paragraph (b) of this section. (b) Exceptions. The following workers need not be trained under this section: (1) A worker who is currently certi�ed as an applicator of restricted use pesticides under part 171 of this chapter. (2) A worker who has satis�ed the handler training requirements in § 170.501. https://www.govinfo.gov/link/uscode/7/136j https://www.ecfr.gov/current/title-40/section-170.601 https://www.ecfr.gov/current/title-40/section-170.603 https://www.ecfr.gov/current/title-40/section-170.607 https://www.ecfr.gov/current/title-29/section-1928.110 https://www.ecfr.gov/current/title-40/section-170.401#p-170.401(b) https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/section-170.501 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 52/81 (3) A worker who is certi�ed or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or the State or Tribal agency responsible for pesticide enforcement, provided that such certi�cation or licensing requires pesticide safety training that includes all the topics in § 170.501(c)(2) or § 170.501(c)(3) as applicable depending on the date of training. (c) Training programs. (1) Pesticide safety training must be presented to workers either orally from written materials or audio-visually, at a location that is reasonably free from distraction and conducive to training. All training materials must be EPA-approved. The training must be presented in a manner that the workers can understand, such as through a translator. The training must be conducted by a person who meets the worker trainer requirements of paragraph (c)(4) of this section, and who must be present during the entire training program and must respond to workers' questions. (2) The training must include, at a minimum, all of the following topics: (i) Where and in what form pesticides may be encountered during work activities. (ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization. (iii) Routes through which pesticides can enter the body. (iv) Signs and symptoms of common types of pesticide poisoning. (v) Emergency �rst aid for pesticide injuries or poisonings. (vi) How to obtain emergency medical care. (vii) Routine and emergency decontamination procedures, including emergency eye �ushing techniques. (viii) Hazards from chemigation and drift. (ix) Hazards from pesticide residues on clothing. (x) Warnings about taking pesticides or pesticide containers home. (xi) Requirements of this subpart designed to reduce the risks of illness or injury resulting from workers' occupational exposure to pesticides, including application and entry restrictions, the design of the warning sign, posting of warning signs, oral warnings, the availability of speci�c information about applications, and the protection against retaliatory acts. (3) EPA intends to make available to the public training materials that may be used to conduct training conforming to the requirements of this section. Within 180 days after a notice of availability of such training materials appears in the FEDERAL REGISTER, but no earlier than January 1, 2018, training programs required under this section must include, at a minimum, all of the topics listed in § 170.401(c)(3)(i)-(xxiii) instead of the topics listed in § 170.401(c)(2)(i)-(xi). (i) The responsibility of agricultural employers to provide workers and handlers with information and protections designed to reduce work-related pesticide exposures and illnesses. This includes ensuring workers and handlers have been trained on pesticide safety, providing pesticide safety and application and hazard information, decontamination supplies and emergency medical assistance, and notifying workers of restrictions during applications and on https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(c)(2) https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(c)(3) https://www.ecfr.gov/current/title-40/section-170.401#p-170.401(c)(4) https://www.ecfr.gov/current/title-40/section-170.401#p-170.401(c)(3)(i) https://www.ecfr.gov/current/title-40/section-170.401#p-170.401(c)(2)(i) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 53/81 entering pesticide treated areas. A worker or handler may designate in writing a representative to request access to pesticide application and hazard information. (ii) How to recognize and understand the meaning of the posted warning signs used for notifying workers of restrictions on entering pesticide treated areas on the establishment. (iii) How to follow directions and/or signs about keeping out of pesticide treated areas subject to a restricted-entry interval and application exclusion zones. (iv) Where and in what forms pesticides may be encountered during work activities, and potential sources of pesticide exposure on the agricultural establishment. This includes exposure to pesticide residues that may be on or in plants, soil, tractors, application and chemigation equipment, or used personal protective equipment, and that pesticides may drift through the air from nearby applications or be in irrigation water. (v) Potential hazards from toxicity and exposure that pesticides present to workers and their families, including acute and chronic effects, delayed effects, and sensitization. (vi) Routes through which pesticides can enter the body. (vii) Signs and symptoms of common types of pesticide poisoning. (viii) Emergency �rst aid for pesticide injuries or poisonings. (ix) Routine and emergency decontamination procedures, including emergency eye �ushing techniques, and if pesticides are spilled or sprayed on the body to use decontamination supplies to wash immediately or rinse off in the nearest clean water, including springs, streams, lakes or other sources if more readily available than decontamination supplies, and as soon as possible, wash or shower with soap and water, shampoo hair, and change into clean clothes. (x) How and when to obtain emergency medical care. (xi) When working in pesticide treated areas, wear work clothing that protects the body from pesticide residues and wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet. (xii) Wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible after working in pesticide treated areas. (xiii) Potential hazards from pesticide residues on clothing. (xiv) Wash work clothes before wearing them again and wash them separately from other clothes. (xv) Do not take pesticides or pesticide containers used at work to your home. (xvi) Safety data sheets provide hazard, emergency medical treatment and other information about the pesticides used on the establishment they may come in contact with. The responsibility of agricultural employers to do all of the following: (A) Display safety data sheets for all pesticides used on the establishment. (B) Provide workers and handlers information about the location of the safety data sheets on the establishment. 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 54/81 (C) Provide workers and handlers unimpeded access to safety data sheets during normal work hours. (xvii) The rule prohibits agricultural employers from allowing or directing any worker to mix, load or apply pesticides or assist in the application of pesticides unless the worker has been trained as a handler. (xviii) The responsibility of agricultural employers to provide speci�c information to workers before directing them to perform early-entry activities. Workers must be 18 years old to perform early-entry activities. (xix) Potential hazards to children and pregnant women from pesticide exposure. (xx) Keep children and nonworking family members away from pesticide treated areas. (xxi) After working in pesticide treated areas, remove work boots or shoes before entering your home, and remove work clothes and wash or shower before physical contact with children or family members. (xxii) How to report suspected pesticide use violations to the State or Tribal agency responsible for pesticide enforcement. (xxiii) The rule prohibits agricultural employers from intimidating, threatening, coercing, or discriminating against any worker or handler for complying with or attempting to comply with the requirements of this rule, or because the worker or handler provided, caused to be provided or is about to provide information to the employer or the EPA or its agents regarding conduct that the employee reasonably believes violates this part, and/or made a complaint, testi�ed, assisted, or participated in any manner in an investigation, proceeding, or hearing concerning compliance with this rule. (4) The person who conducts the training must meet one of the following criteria: (i) Be designated as a trainer of certi�ed applicators, handlers or workers by EPA or the State or Tribal agency responsible for pesticide enforcement. (ii) Have completed an EPA-approved pesticide safety train-the-trainer program for trainers of workers. (iii) Be currently certi�ed as an applicator of restricted use pesticides under part 171 of this chapter. (d) Recordkeeping. (1) For each worker required to be trained under paragraph (a), the agricultural employer must maintain on the agricultural establishment, for two years from the date of the training, a record documenting each worker's training including all of the following: (i) The trained worker's printed name and signature. (ii) The date of the training. (iii) Information identifying which EPA-approved training materials were used. (iv) The trainer's name and documentation showing that the trainer met the requirements of § 170.401(c)(4) at the time of training. (v) The agricultural employer's name. https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/section-170.401#p-170.401(c)(4) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 55/81 § 170.403 Establishment-speci�ic information for workers. Before any worker performs any activity in a treated area on an agricultural establishment where within the last 30 days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ensure that the worker has been informed of, in a manner the worker can understand, all of the following establishment-speci�c information: § 170.405 Entry restrictions associated with pesticide applications. (2) An agricultural employer who provides, directly or indirectly, training required under paragraph (a) must provide to the worker upon request a copy of the record of the training that contains the information required under § 170.401(d)(1). (a) The location of pesticide safety information required by § 170.311(a). (b) The location of pesticide application and hazard information required by § 170.311(b). (c) The location of decontamination supplies required by § 170.411. (a) Outdoor production pesticide applications. (1) The application exclusion zone is de�ned as follows: (i) The application exclusion zone is the area that extends 100 feet horizontally from the point(s) of pesticide discharge from the application equipment in all directions during application when the pesticide is applied by any of the following methods: (A) Aerially. (B) Air blast or air-propelled applications. (C) As a fumigant, smoke, mist, or fog. (ii) The application exclusion zone is the area that extends 25 feet horizontally from the point(s) of pesticide discharge from the application equipment in all directions during application when the pesticide is sprayed from a height of greater than 12 inches from the soil surface or planting medium and not as in paragraph (a)(1)(i) of this section. (iii) There is no application exclusion zone when the pesticide is applied in a manner other than those covered in paragraphs (a)(1)(i) and (a)(1)(ii) of this section. (2) During any outdoor production pesticide application, the agricultural employer must not allow or direct any worker or other person to enter or to remain in the treated area or an application exclusion zone that is within the boundaries of the establishment until the application is complete, except for: (i) Appropriately trained and equipped handlers involved in the application, and (ii) Persons not employed by the establishment in an area subject to an easement that prevents the agricultural employer from temporarily excluding those persons from that area. https://www.ecfr.gov/current/title-40/section-170.401#p-170.401(d)(1) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(a) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b) https://www.ecfr.gov/current/title-40/section-170.411 https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(a)(1)(i) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(a)(1)(i) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(a)(1)(ii) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 56/81 Table - Entry Restrictions During Enclosed Space Production Pesticide Applications (iii) Owners of the agricultural establishment and their immediate family members who remain inside closed buildings, housing, or shelters on the establishment under the conditions speci�ed in § 170.601(a)(1)(vi). (3) After the application is complete, the area subject to the labeling-speci�ed restricted entry interval and the post-application entry restrictions speci�ed in § 170.407 is the treated area. (b) Enclosed space production pesticide applications. (1) During any enclosed space production pesticide application described in column A of the Table under paragraph (b)(4) of this section, the agricultural employer must not allow or direct any worker or other person, other than an appropriately trained and equipped handler involved in the application, to enter or to remain in the area speci�ed in column B of the Table under paragraph (b)(4) of this section during the application and until the time speci�ed in column C of the Table under paragraph (b) (4) of this section has expired. (2) After the time speci�ed in column C of the Table under paragraph (b)(4) of this section has expired, the area subject to the labeling-speci�ed restricted-entry interval and the post-application entry restrictions speci�ed in § 170.407 is the area speci�ed in column D of the Table under paragraph (b)(4) of this section. (3) When column C of the Table under paragraph (b)(4) of this section speci�es that ventilation criteria must be met, ventilation must continue until the air concentration is measured to be equal to or less than the inhalation exposure level required by the labeling. If no inhalation exposure level is listed on the labeling, ventilation must continue until after one of the following conditions is met: (i) Ten air exchanges are completed. (ii) Two hours of ventilation using fans or other mechanical ventilating systems. (iii) Four hours of ventilation using vents, windows, or other passive ventilation. (iv) Eleven hours with no ventilation followed by one hour of mechanical ventilation. (v) Eleven hours with no ventilation followed by two hours of passive ventilation. (vi) Twenty-four hours with no ventilation. (4) The following Table applies to paragraphs (b)(1), (2), and (3) of this section. A. When a pesticide is applied: B. Workers and other persons, other than appropriately trained and equipped handlers, are prohibited in: C. Until: D. After the expiration of time speci�ed in column C, the area subject to the restricted entry interval is: https://www.ecfr.gov/current/title-40/section-170.601#p-170.601(a)(1)(vi) https://www.ecfr.gov/current/title-40/section-170.407 https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(4) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(4) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(4) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(4) https://www.ecfr.gov/current/title-40/section-170.407 https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(4) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(4) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(1) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(2) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 57/81 (1) As a fumigant Entire enclosed space plus any adjacent structure or area that cannot be sealed off from the treated area The ventilation criteria of paragraph (b)(3) of this section are met No post application entry restrictions required by § 170.407 after criteria in column C are met. (2) As a (i) Smoke, or (ii) Mist, or (iii) Fog, or (iv) As a spray using a spray quality (droplet spectrum) of smaller than medium (volume median diameter of less than 294 microns) Entire enclosed space The ventilation criteria of paragraph (b)(3) of this section are met Entire enclosed space. (3) Not as in (1) or (2), and for which a respiratory protection device is required for application by the pesticide product labeling Entire enclosed space The ventilation criteria of paragraph (b)(3) of this section are met Treated area. A. When a pesticide is applied: B. Workers and other persons, other than appropriately trained and equipped handlers, are prohibited in: C. Until: D. After the expiration of time speci�ed in column C, the area subject to the restricted entry interval is: https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) https://www.ecfr.gov/current/title-40/section-170.407 https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 58/81 (4) Not as in (1), (2) or (3), and: (i) From a height of greater than 12 inches from the planting medium, or (ii) As a spray using a spray quality (droplet spectrum) of medium or larger (volume median diameter of 294 microns or greater) Treated area plus 25 feet in all directions of the treated area, but not outside the enclosed space Application is complete Treated area. (5) Otherwise Treated area Application is complete Treated area. [80 FR 67562, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020] § 170.407 Worker entry restrictions after pesticide applications. § 170.409 Oral and posted noti�ication of worker entry restrictions. (a) After the application of any pesticide to an area of outdoor production, the agricultural employer must not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval speci�ed on the pesticide product labeling has expired and all treated area warning signs have been removed or covered, except for early-entry activities permitted by § 170.603. (b) After the application of any pesticide to an area of enclosed space production, the agricultural employer must not allow or direct any worker to enter or to remain in the areas speci�ed in column D of the Table in § 170.405(b)(4), before the restricted-entry interval speci�ed on the pesticide product labeling has expired and all treated area warning signs have been removed or covered, except for early-entry activities permitted by § 170.603. (c) When two or more pesticides are applied to a treated area at the same time, the applicable restricted-entry interval is the longest of all applicable restricted-entry intervals. A. When a pesticide is applied: B. Workers and other persons, other than appropriately trained and equipped handlers, are prohibited in: C. Until: D. After the expiration of time speci�ed in column C, the area subject to the restricted entry interval is: https://www.federalregister.gov/citation/80-FR-67562 https://www.federalregister.gov/citation/85-FR-68781 https://www.ecfr.gov/current/title-40/section-170.603 https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(4) https://www.ecfr.gov/current/title-40/section-170.603 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 59/81 (a) General Requirement. The agricultural employer must notify workers of all entry restrictions required by §§ 170.405 and 170.407 in accordance with this section. (1) Type of noti�cation required (i) Double noti�cation. If the pesticide product labeling has a statement requiring both the posting of treated areas and oral noti�cation to workers, the agricultural employer must post signs in accordance with paragraph (b) of this section and must also provide oral noti�cation of the application to workers in accordance with paragraph (c) of this section. (ii) Outdoor production areas subject to restricted-entry intervals greater than 48 hours. If a pesticide with product labeling that requires a restricted-entry interval greater than 48 hours is applied to an outdoor production area, the agricultural employer must notify workers of the application by posting warning signs in accordance with paragraph (b) of this section. (iii) Outdoor production areas subject to restricted-entry intervals equal to or less than 48 hours. If a pesticide with product labeling that requires a restricted entry interval equal to or less than 48 hours is applied to an outdoor production area, the agricultural employer must notify workers of the application either by posting warning signs in accordance with paragraph (b) of this section or by providing workers with an oral warning in accordance with paragraph (c) of this section. (iv) Enclosed space production areas subject to restricted-entry intervals greater than four hours. If a pesticide with product labeling that requires a restricted entry interval greater than four hours is applied to an enclosed space production area, the agricultural employer must notify workers of the application by posting warning signs in accordance with paragraph (b) of this section. (v) Enclosed space production areas subject to restricted-entry intervals equal to or less than four hours. If a pesticide with product labeling that requires a restricted-entry interval equal to or less than four hours is applied to an enclosed space production area, the agricultural employer must notify workers of the application either by posting warning signs in accordance with paragraph (b) of this section or by providing workers with an oral warning in accordance with paragraph (c) of this section. (2) Exceptions. Noti�cation does not need to be given to a worker if the agricultural employer can ensure that one of the following is met: (i) From the start of the application in an enclosed space production area until the end of any restricted-entry interval, the worker will not enter any part of the entire enclosed structure or space. (ii) From the start of the application to an outdoor production area until the end of any restricted-entry interval, the worker will not enter, work in, remain in, or pass on foot through the treated area or any area within1/4 mile of the treated area on the agricultural establishment. (iii) The worker was involved in the application of the pesticide as a handler, and is aware of all information required by paragraph (c)(1) of this section. (b) Requirements for posted warning signs. If noti�cation by posted warning signs is required pursuant to paragraph (a) of this section, the agricultural employer must, unless otherwise prescribed by the label, ensure that all warning signs meet the requirements of https://www.ecfr.gov/current/title-40/section-170.405 https://www.ecfr.gov/current/title-40/section-170.407 https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(c) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(c) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(c) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(c)(1) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(a) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 60/81 this paragraph. When several contiguous areas are to be treated with pesticides on a rotating or sequential basis, the entire area may be posted. Worker entry is prohibited for the entire area while the signs are posted, except for entry permitted by § 170.603 of this part. (1) General. The warning signs must meet all of the following requirements: (i) Be one of the three sizes speci�ed in paragraph (b)(3) of this section and comply with the posting placement and spacing requirements applicable to that sign size. (ii) Be posted prior to but no earlier than 24 hours before the scheduled application of the pesticide. (iii) Remain posted throughout the application and any restricted-entry interval. (iv) Be removed or covered within three days after the end of the application or any restricted-entry interval, whichever is later, except that signs may remain posted after the restricted-entry interval has expired as long as all of the following conditions are met: (A) The agricultural employer instructs any workers on the establishment that may come within1/4 mile of the treated area not to enter that treated area while the signs are posted. (B) The agricultural employer ensures that workers do not enter the treated area while the signs remain posted, other than entry permitted by § 170.603 of this part. (v) Remain visible and legible during the time they are required to be posted. (2) Content. (i) The warning sign must have a white background. The words “DANGER” and “PELIGRO,” plus “PESTICIDES” and “PESTICIDAS,” must be at the top of the sign, and the words “KEEP OUT” and “NO ENTRE” must be at the bottom of the sign. Letters for all words must be clearly legible. A circle containing an upraised hand on the left and a stern face on the right must be near the center of the sign. The inside of the circle must be red, except that the hand and a large portion of the face must be in white. The length of the hand must be at least twice the height of the smallest letters. The length of the face must be only slightly smaller than the hand. Additional information such as the name of the pesticide and the date of application may appear on the warning sign if it does not detract from the size and appearance of the sign or change the meaning of the required information. An example of a warning sign meeting these requirements, other than the size and color requirements, follows: https://www.ecfr.gov/current/title-40/part-170/section-170.603 https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b)(3) https://www.ecfr.gov/current/title-40/part-170/section-170.603 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 61/81 (ii) The agricultural employer may replace the Spanish language portion of the warning sign with equivalent terms in an alternative non-English language if that alternative language is the language read by the largest group of workers at that agricultural establishment who do not read English. The alternative language sign must be in the same format as the original sign and conform to all other requirements of paragraph (b)(2)(i) of this section. (3) Size and posting. (i) The standard sign must be at least 14 inches by 16 inches with letters at least one inch in height. (ii) When posting an outdoor production area using the standard sign, the signs must be visible from all reasonably expected points of worker entry to the treated area, including at least each access road, each border with any worker housing area within 100 feet of the treated area and each footpath and other walking route that enters the treated area. Where there are no reasonably expected points of worker entry, signs must be posted in the corners of the treated area or in any other location affording maximum visibility. https://images.federalregister.gov/ER02NO15.000/large.png https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b)(2)(i) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 62/81 § 170.411 Decontamination supplies for workers. (iii) When posting an enclosed space production area using the standard sign and the entire structure or space is subject to the labeling-speci�ed restricted-entry interval and the post-application entry restrictions speci�ed in § 170.407, the signs must be posted so they are visible from all reasonably expected points of worker entry to the structure or space. When posting treated areas in enclosed space production using the standard sign and the treated area only comprises a subsection of the structure or space, the signs must be posted so they are visible from all reasonably expected points of worker entry to the treated area including each aisle or other walking route that enters the treated area. Where there are no reasonably expected points of worker entry to the treated area, signs must be posted in the corners of the treated area or in any other location affording maximum visibility. (iv) If a smaller warning sign is used with “DANGER” and “PELIGRO” in letters at least 7/8 inch in height and the remaining letters at least 1/2 inch in height and a red circle at least three inches in diameter containing an upraised hand and a stern face, the signs must be posted no farther than 50 feet apart around the perimeter of the treated area in addition to the locations speci�ed in paragraphs (b)(3)(ii) or (b)(3)(iii) of this section. (v) If a smaller sign is used with “DANGER” and “PELIGRO” in letters at least 7/16 inch in height and the remaining letters at least 1/4 inch in height and a red circle at least one and a half inches in diameter containing an upraised hand and a stern face, the signs must be posted no farther than 25 feet apart around the perimeter of the treated area in addition to the locations speci�ed in paragraphs (b)(3)(ii) or (b)(3)(iii) of this section. (vi) A sign with “DANGER” and “PELIGRO” in letters less than 7/16 inch in height or with any words in letters less than 1/4 inch in height or a red circle smaller than one and a half inches in diameter containing an upraised hand and a stern face will not satisfy the requirements of the rule. (c) Oral warnings - Requirement. If oral noti�cation is required pursuant to paragraph (a) of this section, the agricultural employer must provide oral warnings to workers in a manner that the workers can understand. If a worker will be on the establishment when an application begins, the warning must be given before the application begins. If a worker arrives on the establishment while an application is taking place or a restricted-entry interval for a pesticide application is in effect, the warning must be given at the beginning of the worker's work period. The warning must include all of the following: (1) The location(s) and description of any treated area(s) subject to the entry restrictions during and after application speci�ed in §§ 170.405 and 170.407. (2) The dates and times during which entry is restricted in any treated area(s) subject to the entry restrictions during and after application speci�ed in §§ 170.405 and 170.407. (3) Instructions not to enter the treated area or an application exclusion zone during application, and that entry to the treated area is not allowed until the restricted-entry interval has expired and all treated area warning signs have been removed or covered, except for entry permitted by § 170.603 of this part. https://www.ecfr.gov/current/title-40/section-170.407 https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b)(3)(ii) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b)(3)(iii) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b)(3)(ii) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(b)(3)(iii) https://www.ecfr.gov/current/title-40/section-170.409#p-170.409(a) https://www.ecfr.gov/current/title-40/section-170.405 https://www.ecfr.gov/current/title-40/section-170.407 https://www.ecfr.gov/current/title-40/section-170.405 https://www.ecfr.gov/current/title-40/section-170.407 https://www.ecfr.gov/current/title-40/part-170/section-170.603 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 63/81 Subpart F - Requirements for Protection of Agricultural Pesticide Handlers Source: 80 FR 67567, Nov. 2, 2015, unless otherwise noted. § 170.501 Training requirements for handlers. (a) Requirement. The agricultural employer must provide decontamination supplies for routine washing and emergency decontamination in accordance with this section for any worker on an agricultural establishment who is performing an activity in an area where a pesticide was applied and who contacts anything that has been treated with the pesticide, including, but not limited to, soil, water, and plants. (b) Materials and quantities. The decontamination supplies required in paragraph (a) of this section must include at least 1 gallon of water per worker at the beginning of each worker's work period for routine washing and emergency decontamination, soap, and single-use towels. The supplies must meet all of the following requirements: (1) Water. At all times when this part requires agricultural employers to make water available to workers, the agricultural employer must ensure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. If a water source is used for mixing pesticides, it must not be used for decontamination, unless equipped with properly functioning valves or other mechanisms that prevent contamination of the water with pesticides, such as anti back�ow siphons, one-way or check valves, or an air gap su�cient to prevent contamination. (2) Soap and single-use towels. The agricultural employer must provide soap and single use towels for drying in quantities su�cient to meet the workers' reasonable needs. Hand sanitizing gels and liquids or wet towelettes do not meet the requirement for soap. Wet towelettes do not meet the requirement for single-use towels. (c) Timing. (1) If any pesticide with a restricted-entry interval greater than four hours was applied, the decontamination supplies must be provided from the time workers �rst enter the treated area until at least 30 days after the restricted-entry interval expires. (2) If the only pesticides applied in the treated area are products with restricted-entry intervals of four hours or less, the decontamination supplies must be provided from the time workers �rst enter the treated area until at least seven days after the restricted-entry interval expires. (d) Location. The decontamination supplies must be located together outside any treated area or area subject to a restricted-entry interval, and must be reasonably accessible to the workers. The decontamination supplies must not be more than1/4 mile from where workers are working, except that where workers are working more than1/4 mile from the nearest place of vehicular access or more than1/4 mile from any non-treated area, the decontamination supplies may be at the nearest place of vehicular access outside any treated area or area subject to a restricted-entry interval. (a) General requirement. Before any handler performs any handler activity involving a pesticide product, the handler employer must ensure that the handler has been trained in accordance with this section within the last 12 months, except as provided in paragraph https://www.ecfr.gov/current/title-40/section-170.411#p-170.411(a) https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(b) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 64/81 (b) of this section. (b) Exceptions. The following handlers need not be trained under this section: (1) A handler who is currently certi�ed as an applicator of restricted use pesticides under part 171 of this chapter. (2) A handler who is certi�ed or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or the State or Tribal agency responsible for pesticide enforcement, provided that a requirement for such certi�cation or licensing is pesticide safety training that includes all the topics set out in § 170.501(c)(2) or § 170.501(c)(3) as applicable depending on the date of training. (c) Training programs. (1) Pesticide safety training must be presented to handlers either orally from written materials or audio-visually, at a location that is reasonably free from distraction and conducive to training. All training materials must be EPA-approved. The training must be presented in a manner that the handlers can understand, such as through a translator. The training must be conducted by a person who meets the handler trainer requirements of paragraph (c)(4) of this section, and who must be present during the entire training program and must respond to handlers' questions. (2) The pesticide safety training materials must include, at a minimum, all of the following topics: (i) Format and meaning of information contained on pesticide labels and in labeling, including safety information such as precautionary statements about human health hazards. (ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization. (iii) Routes by which pesticides can enter the body. (iv) Signs and symptoms of common types of pesticide poisoning. (v) Emergency �rst aid for pesticide injuries or poisonings. (vi) How to obtain emergency medical care. (vii) Routine and emergency decontamination procedures. (viii) Need for and appropriate use of personal protective equipment. (ix) Prevention, recognition, and �rst aid treatment of heat-related illness. (x) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup. (xi) Environmental concerns such as drift, runoff, and wildlife hazards. (xii) Warnings about taking pesticides or pesticide containers home. (xiii) Requirements of this subpart that must be followed by handler employers for the protection of handlers and other persons, including the prohibition against applying pesticides in a manner that will cause contact with workers or other persons, the requirement to use personal protective equipment, the provisions for training and decontamination, and the protection against retaliatory acts. https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(b) https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(c)(2) https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(c)(3) https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(c)(4) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 65/81 (3) EPA intends to make available to the public training materials that may be used to conduct training conforming to the requirements of this section. Within 180 days after a notice of availability of such training materials appears in the FEDERAL REGISTER, but no earlier than January 1, 2018, training programs required under this section must include, at a minimum, all of the topics listed in § 170.501(c)(3)(i)-(xiv) instead of the points listed in § 170.501(c)(2)(i)-(xiii). (i) All the topics required by § 170.401(c)(3). (ii) Information on proper application and use of pesticides. (iii) Handlers must follow the portions of the labeling applicable to the safe use of the pesticide. (iv) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide. (v) Need for and appropriate use and removal of all personal protective equipment. (vi) How to recognize, prevent, and provide �rst aid treatment for heat-related illness. (vii) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup. (viii) Environmental concerns, such as drift, runoff, and wildlife hazards. (ix) Handlers must not apply pesticides in a manner that results in contact with workers or other persons. (x) The responsibility of handler employers to provide handlers with information and protections designed to reduce work-related pesticide exposures and illnesses. This includes providing, cleaning, maintaining, storing, and ensuring proper use of all required personal protective equipment; providing decontamination supplies; and providing speci�c information about pesticide use and labeling information. (xi) Handlers must suspend a pesticide application if workers or other persons are in the application exclusion zone within the boundaries of the agricultural establishment and must not resume the application while workers or other persons remain in the application exclusion zone, except for appropriately trained and equipped handlers involved in the application, persons not employed by the establishment in an area subject to an easement that prevents the agricultural employer from temporarily excluding those persons from that area, and the owner(s) of the agricultural establishment and members of their immediate families who remain inside closed buildings, housing, or shelters on the establishment, provided that the handlers have been expressly instructed by the owner(s) of the agricultural establishment that only immediate family members remain inside those closed buildings, housing, or shelters and that the application should proceed despite the presence of the owner(s) or their immediate family members inside those closed buildings, housing, or shelters. (xii) Handlers must be at least 18 years old. (xiii) The responsibility of handler employers to ensure handlers have received respirator �t-testing, training and medical evaluation if they are required to wear a respirator by the product labeling. https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(c)(3)(i) https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(c)(2)(i) https://www.ecfr.gov/current/title-40/section-170.401#p-170.401(c)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 66/81 [80 FR 67567, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020] § 170.503 Knowledge of labeling, application-speci�ic, and establishment-speci�ic information for handlers. (xiv) The responsibility of agricultural employers to post treated areas as required by this rule. (4) The person who conducts the training must have one of the following quali�cations: (i) Be designated as a trainer of certi�ed applicators or pesticide handlers by EPA or the State or Tribal agency responsible for pesticide enforcement. (ii) Have completed an EPA-approved pesticide safety train-the-trainer program for trainers of handlers. (iii) Be currently certi�ed as an applicator of restricted use pesticides under part 171 of this chapter. (d) Recordkeeping. (1) Handler employers must maintain records of training for handlers employed by their establishment for two years after the date of the training. The records must be maintained on the establishment and must include all of the following information: (i) The trained handler's printed name and signature. (ii) The date of the training. (iii) Information identifying which EPA-approved training materials were used. (iv) The trainer's name and documentation showing that the trainer met the requirements of § 170.501(c)(4) at the time of training. (v) The handler employer's name. (2) The handler employer must, upon request by a handler trained on the establishment, provide to the handler a copy of the record of the training that contains the information required under § 170.501(d)(1). (a) Knowledge of labeling and application-speci�c information. (1) The handler employer must ensure that before any handler performs any handler activity involving a pesticide product, the handler either has read the portions of the labeling applicable to the safe use of the pesticide or has been informed in a manner the handler can understand of all labeling requirements and use directions applicable to the safe use of the pesticide. (2) The handler employer must ensure that the handler has access to the applicable product labeling at all times during handler activities. (3) The handler employer must ensure that the handler is aware of requirements for any entry restrictions, application exclusion zones and restricted-entry intervals as described in §§ 170.405 and 170.407 that may apply based on the handler's activity. (b) Knowledge of establishment-speci�c information. Before any handler performs any handler activity on an agricultural establishment where within the last 30 days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, https://www.federalregister.gov/citation/80-FR-67567 https://www.federalregister.gov/citation/85-FR-68781 https://www.ecfr.gov/current/title-40/part-171 https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(c)(4) https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(d)(1) https://www.ecfr.gov/current/title-40/section-170.405 https://www.ecfr.gov/current/title-40/section-170.407 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 67/81 § 170.505 Requirements during applications to protect handlers, workers, and other persons. the handler employer must ensure that the handler has been informed, in a manner the handler can understand, all of the following establishment-speci�c information: (1) The location of pesticide safety information required by § 170.311(a). (2) The location of pesticide application and hazard information required by § 170.311(b). (3) The location of decontamination supplies required by § 170.509. (a) Prohibition from contacting workers and other persons with pesticides during application. The handler employer and the handler must ensure that no pesticide is applied so as to contact, directly or through drift, any worker or other person, other than an appropriately trained and equipped handler involved in the application. (b) Suspending applications. (1) Any handler performing a pesticide application must immediately suspend the pesticide application if any worker or other person is in an application exclusion zone described in § 170.405(a)(1) that is within the boundaries of the agricultural establishment or the area speci�ed in column B of the Table in § 170.405(b)(4), except for: (i) Appropriately trained and equipped handlers involved in the application, (ii) Persons not employed by the establishment in an area subject to an easement that prevents the agricultural employer from temporarily excluding those persons from that area, and (iii) The owner(s) of the agricultural establishment and members of their immediate families who remain inside closed buildings, housing, or shelters on the establishment, provided that the handlers have been expressly instructed by the owner(s) of the agricultural establishment that only immediate family members remain inside those closed buildings, housing, or shelters and that the application should proceed despite the presence of the owner(s) or their immediate family members inside those closed buildings, housing, or shelters. (2) A handler must not resume a suspended pesticide application while any workers or other persons remain in an application exclusion zone described in § 170.405(a)(1) that is within the boundaries of the agricultural establishment or the area speci�ed in column B of the Table in § 170.405(b)(4), except for: (i) Appropriately trained and equipped handlers involved in the application, (ii) Persons not employed by the establishment in an area subject to an easement that prevents the agricultural employer from temporarily excluding those persons from that area, and (iii) The owner(s) of the agricultural establishment and members of their immediate families who remain inside closed buildings, housing, or shelters on the establishment, provided that the handlers have been expressly instructed by the owner(s) of the agricultural establishment that only immediate family https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(a) https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(b) https://www.ecfr.gov/current/title-40/section-170.509 https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(a)(1) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(4) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(a)(1) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(4) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 68/81 [80 FR 67567, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020] § 170.507 Personal protective equipment. members remain inside those closed buildings, housing, or shelters and that the application should proceed despite the presence of the owner(s) or their immediate family members inside those closed buildings, housing, or shelters. (c) Handlers using highly toxic pesticides. The handler employer must ensure that any handler who is performing any handler activity with a pesticide product that has the skull and-crossbones symbol on the front panel of the pesticide product label is monitored visually or by voice communication at least every two hours. (d) Fumigant applications in enclosed space production. The handler employer must ensure all of the following: (1) Any handler in an enclosed space production area during a fumigant application maintains continuous visual or voice contact with another handler stationed immediately outside of the enclosed space. (2) The handler stationed outside the enclosed space has immediate access to and uses the personal protective equipment required by the fumigant labeling for applicators in the event that entry becomes necessary for rescue. (a) Handler responsibilities. Any person who performs handler activities involving a pesticide product must use the clothing and personal protective equipment speci�ed on the pesticide product labeling for use of the product, except as provided in § 170.607 of this part. (b) Employer responsibilities for providing personal protective equipment. The handler employer must provide to the handler the personal protective equipment required by the pesticide product labeling in accordance with this section. The handler employer must ensure that the personal protective equipment is clean and in proper operating condition. For the purposes of this section, long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, and socks are not considered personal protective equipment, although such work clothing must be worn if required by the pesticide product labeling. (1) If the pesticide product labeling requires that “chemical-resistant” personal protective equipment be worn, it must be made of material that allows no measurable movement of the pesticide being used through the material during use. (2) If the pesticide product labeling requires that “waterproof” personal protective equipment be worn, it must be made of material that allows no measurable movement of water or aqueous solutions through the material during use. (3) If the pesticide product labeling requires that a “chemical-resistant suit” be worn, it must be a loose-�tting, one- or two-piece chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet. (4) If the pesticide product labeling requires that “coveralls” be worn, they must be loose-�tting, one- or two-piece garments that cover, at a minimum, the entire body except head, hands, and feet. (5) Gloves must be the type speci�ed on the pesticide product labeling. https://www.federalregister.gov/citation/80-FR-67567 https://www.federalregister.gov/citation/85-FR-68781 https://www.ecfr.gov/current/title-40/part-170/section-170.607 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 69/81 (i) Gloves made of leather, cotton, or other absorbent materials may not be worn while performing handler activities unless gloves made of these materials are listed as acceptable for such use on the pesticide product labeling. (ii) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide product labeling speci�cally prohibits their use. Separable glove liners are de�ned as separate glove-like hand coverings, made of lightweight material, with or without �ngers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical resistant gloves. Separable glove liners may not extend outside the chemical resistant gloves under which they are worn. Chemical-resistant gloves with non-separable absorbent lining materials are prohibited. (iii) If used, separable glove liners must be discarded immediately after a total of no more than 10 hours of use or within 24 hours of when �rst put on, whichever comes �rst. The liners must be replaced immediately if directly contacted by pesticide. Used glove liners must not be reused. Contaminated liners must be disposed of in accordance with any Federal, State, or local regulations. (6) If the pesticide product labeling requires that “chemical-resistant footwear” be worn, one of the following types of footwear must be worn: (i) Chemical-resistant shoes. (ii) Chemical-resistant boots. (iii) Chemical-resistant shoe coverings worn over shoes or boots. (7) If the pesticide product labeling requires that “protective eyewear” be worn, one of the following types of eyewear must be worn: (i) Goggles. (ii) Face shield. (iii) Safety glasses with front, brow, and temple protection. (iv) Full-face respirator. (8) If the pesticide product labeling requires that a “chemical-resistant apron” be worn, a chemical-resistant apron that covers the front of the body from mid-chest to the knees must be worn. (9) If the pesticide product labeling requires that “chemical-resistant headgear” be worn, it must be either a chemical-resistant hood or a chemical-resistant hat with a wide brim. (10) The respirator speci�ed by the pesticide product labeling must be used. Whenever a respirator is required by the pesticide product labeling, the handler employer must ensure that the requirements of paragraphs (b)(10)(i) through (iii) of this section are met before the handler performs any handler activity where the respirator is required to be worn. The handler employer must maintain for two years, on the establishment, records documenting the completion of the requirements of paragraphs (b)(10)(i) through (iii) of this section. (i) Handler employers must provide handlers with �t testing using the respirator speci�ed on the pesticide product labeling in a manner that conforms to the provisions of 29 CFR 1910.134. https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(b)(10)(i) https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(b)(10)(iii) https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(b)(10)(i) https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(b)(10)(iii) https://www.ecfr.gov/current/title-29/section-1910.134 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 70/81 (ii) Handler employers must provide handlers with training in the use of the respirator speci�ed on the pesticide product labeling in a manner that conforms to the provisions of 29 CFR 1910.134(k)(1)(i) through(vi). (iii) Handler employers must provide handlers with a medical evaluation by a physician or other licensed health care professional that conforms to the provisions of 29 CFR 1910.134 to ensure the handler's physical ability to safely wear the respirator speci�ed on the pesticide product labeling. (c) Use of personal protective equipment. (1) The handler employer must ensure that personal protective equipment is used correctly for its intended purpose and is used according to the manufacturer's instructions. (2) The handler employer must ensure that, before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded. (d) Cleaning and maintenance. (1) The handler employer must ensure that all personal protective equipment is cleaned according to the manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it must be washed thoroughly in detergent and hot water. (2) If any personal protective equipment cannot or will not be cleaned properly, the handler employer must ensure the contaminated personal protective equipment is made unusable as apparel or is made unavailable for further use by employees or third parties. The contaminated personal protective equipment must be disposed of in accordance with any applicable laws or regulations. Coveralls or other absorbent materials that have been drenched or heavily contaminated with a pesticide that has the signal word “DANGER” or “WARNING” on the label must not be reused and must be disposed of as speci�ed in this paragraph. Handler employers must ensure that any person who handles contaminated personal protective equipment described in this paragraph wears the gloves speci�ed on the pesticide product labeling for mixing and loading the product(s) comprising the contaminant(s) on the equipment. If two or more pesticides are included in the contaminants, the gloves worn must meet the requirements for mixing and loading all of the pesticide products. (3) The handler employer must ensure that contaminated personal protective equipment is kept separate from non-contaminated personal protective equipment, other clothing or laundry and washed separately from any other clothing or laundry. (4) The handler employer must ensure that all washed personal protective equipment is dried thoroughly before being stored or reused. (5) The handler employer must ensure that all clean personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas. (6) The handler employer must ensure that when �ltering facepiece respirators are used, they are replaced when one of the following conditions is met: (i) When breathing resistance becomes excessive. (ii) When the �lter element has physical damage or tears. https://www.ecfr.gov/current/title-29/section-1910.134#p-1910.134(k)(1)(i) https://www.ecfr.gov/current/title-29/section-1910.134#p-1910.134(k)(1)(vi) https://www.ecfr.gov/current/title-29/section-1910.134 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 71/81 § 170.509 Decontamination and eye �ushing supplies for handlers. (iii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent. (iv) In the absence of any other instructions or indications of service life, at the end of eight hours of cumulative use. (7) The handler employer must ensure that when gas- or vapor-removing respirators are used, the gas- or vapor-removing canisters or cartridges are replaced before further respirator use when one of the following conditions is met: (i) At the �rst indication of odor, taste, or irritation. (ii) When the maximum use time is reached as determined by a change schedule conforming to the provisions of 29 CFR 1910.134(d)(3)(iii)(B)(2). (iii) When breathing resistance becomes excessive. (iv) When required according to manufacturer's recommendations or pesticide product labeling instructions, whichever is more frequent. (v) In the absence of any other instructions or indications of service life, at the end of eight hours of cumulative use. (8) The handler employer must inform any person who cleans or launders personal protective equipment of all the following: (i) That such equipment may be contaminated with pesticides and there are potentially harmful effects from exposure to pesticides. (ii) The correct way(s) to clean personal protective equipment and how to protect themselves when handling such equipment. (iii) Proper decontamination procedures that should be followed after handling contaminated personal protective equipment. (9) The handler employer must ensure that handlers have a place(s) away from pesticide storage and pesticide use areas where they may do all of the following: (i) Store personal clothing not worn during handling activities. (ii) Put on personal protective equipment at the start of any exposure period. (iii) Remove personal protective equipment at the end of any exposure period. (10) The handler employer must not allow or direct any handler to wear home or to take home employer-provided personal protective equipment contaminated with pesticides. (e) Heat-related illness. Where a pesticide's labeling requires the use of personal protective equipment for a handler activity, the handler employer must take appropriate measures to prevent heat-related illness. (a) Requirement. The handler employer must provide decontamination and eye �ushing supplies in accordance with this section for any handler that is performing any handler activity or removing personal protective equipment at the place for changing required by § 170.507(d)(9). https://www.ecfr.gov/current/title-29/section-1910.134#p-1910.134(d)(3)(iii)(B)(2) https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(d)(9) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 72/81 (b) General conditions. The decontamination supplies required in paragraph (a) of this section must include: at least three gallons of water per handler at the beginning of each handler's work period for routine washing and potential emergency decontamination; soap; single-use towels; and clean clothing for use in an emergency. The decontamination and eye �ushing supplies required in paragraph (a) of this section must meet all of the following requirements: (1) Water. At all times when this section requires handler employers to make water available to handlers for routine washing, emergency decontamination or eye �ushing, the handler employer must ensure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. If a water source is used for mixing pesticides, it must not be used for decontamination or eye �ushing supplies, unless equipped with properly functioning valves or other mechanisms that prevent contamination of the water with pesticides, such as anti-back�ow siphons, one-way or check valves, or an air gap su�cient to prevent contamination. (2) Soap and single-use towels. The handler employer must provide soap and single-use towels for drying in quantities su�cient to meet the handlers' needs. Hand sanitizing gels and liquids or wet towelettes do not meet the requirement for soap. Wet towelettes do not meet the requirement for single-use towels. (3) Clean change of clothing. The handler employer must provide one clean change of clothing, such as coveralls, for use in an emergency. (c) Location. The decontamination supplies must be located together outside any treated area or area subject to a restricted-entry interval, and must be reasonably accessible to each handler during the handler activity. The decontamination supplies must not be more than 1/4 mile from the handler, except that where the handler activity is more than 1/4 mile from the nearest place of vehicular access or more than 1/4 mile from any non treated area, the decontamination supplies may be at the nearest place of vehicular access outside any treated area or area subject to a restricted-entry interval. (1) Mixing sites. Decontamination supplies must be provided at any mixing site. (2) Exception for pilots. Decontamination supplies for a pilot who is applying pesticides aerially must be in the aircraft or at the aircraft loading site. (3) Exception for treated areas. The decontamination supplies must be outside any treated area or area subject to a restricted-entry interval, unless the soap, single-use towels, water and clean change of clothing are protected from pesticide contamination in closed containers. (d) Emergency eye-�ushing. (1) Whenever a handler is mixing or loading a pesticide product whose labeling requires protective eyewear for handlers, or is mixing or loading any pesticide using a closed system operating under pressure, the handler employer must provide at each mixing/loading site immediately available to the handler, at least one system that is capable of delivering gently running water at a rate of least 0.4 gallons per minute for at least 15 minutes, or at least six gallons of water in containers suitable for providing a gentle eye-�ush for about 15 minutes. (2) Whenever a handler is applying a pesticide product whose labeling requires protective eyewear for handlers, the handler employer must provide at least one pint of water per handler in portable containers that are immediately available to each handler. https://www.ecfr.gov/current/title-40/section-170.509#p-170.509(a) https://www.ecfr.gov/current/title-40/section-170.509#p-170.509(a) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 73/81 Subpart G - Exemptions, Exceptions and Equivalency Source: 80 FR 67570, Nov. 2, 2015, unless otherwise noted. § 170.601 Exemptions. (a) Exemption for owners of agricultural establishments and their immediate families. (1) On any agricultural establishment where a majority of the establishment is owned by one or more members of the same immediate family, the owner(s) of the establishment (and, where speci�ed below, certain handlers) are not required to provide the protections of the following provisions to themselves or members of their immediate family when they are performing handling activities or tasks related to the production of agricultural plants that would otherwise be covered by this part on their own agricultural establishment. (i) Section 170.309(c). (ii) Section 170.309(f) through (j). (iii) Section 170.311. (iv) Section 170.401. (v) Section 170.403. (vi) Sections 170.405(a)(2) and 170.505(b), but only in regard to owner(s) of the establishment and their immediate family members who remain inside closed buildings, housing, or shelters on the establishment. This exception also applies to handlers (regardless of whether they are immediate family members) who have been expressly instructed by the owner(s) of the establishment that: (A) Only the owner(s) or their immediate family members remain inside the closed building, housing, or shelter on the establishment, and (B) The application should proceed despite the presence of the owner(s) or their immediate family members remaining inside the closed buildings, housing, or shelters on the establishment. (vii) Section 170.409. (viii) Sections 170.411 and 170.509. (ix) Section 170.501. (x) Section 170.503. (xi) Section 170.505(c) and (d). (xii) Section 170.507(c) through (e). (xiii) Section 170.605(a) through (c), and (e) through (j). (2) The owners of agricultural establishments must provide all of the applicable protections required by this part for any employees or other persons on the establishment that are not members of their immediate family. https://www.ecfr.gov/current/title-40/section-170.309#p-170.309(c) https://www.ecfr.gov/current/title-40/section-170.309#p-170.309(f) https://www.ecfr.gov/current/title-40/section-170.309#p-170.309(j) https://www.ecfr.gov/current/title-40/section-170.311 https://www.ecfr.gov/current/title-40/section-170.401 https://www.ecfr.gov/current/title-40/section-170.403 https://www.ecfr.gov/current/title-40/section-170.409 https://www.ecfr.gov/current/title-40/section-170.501 https://www.ecfr.gov/current/title-40/section-170.503 https://www.ecfr.gov/current/title-40/section-170.505#p-170.505(c) https://www.ecfr.gov/current/title-40/section-170.505#p-170.505(d) https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(c) https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(e) https://www.ecfr.gov/current/title-40/section-170.605#p-170.605(a) https://www.ecfr.gov/current/title-40/section-170.605#p-170.605(c) https://www.ecfr.gov/current/title-40/section-170.605#p-170.605(e) https://www.ecfr.gov/current/title-40/section-170.605#p-170.605(j) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 74/81 (b) Exemption for certi�ed crop advisors. Certi�ed crop advisors may make their own determination for the appropriate personal protective equipment for entry into a treated area during a restricted entry interval and substitute their self-determined set of personal protective equipment for the labeling-required personal protective equipment, and the requirements of §§ 170.309(e), 170.309(f), 170.313(k), 170.503(a), 170.507 and 170.509 of this part do not apply to certi�ed crop advisors provided the application is complete and all of the following conditions are met: [80 FR 67570, Nov. 2, 2015, as amended at 85 FR 68782, Oct. 30, 2020] § 170.603 Exceptions for entry by workers during restricted-entry intervals. An agricultural employer may direct workers to enter treated areas where a restricted-entry interval is in effect to perform certain activities as provided in this section, provided that the agricultural employer ensures all of the applicable conditions of this section and § 170.605 of this part are met. (1) The crop advisor is certi�ed or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or a State or Tribal agency responsible for pesticide enforcement. (2) The certi�cation or licensing program requires pesticide safety training that includes all the information in § 170.501(c)(2) or § 170.501(c)(3) as applicable depending on the date of training. (3) The crop advisor who enters a treated area during a restricted-entry interval only performs crop advising tasks while in the treated area. (a) Exception for activities with no contact. A worker may enter a treated area during a restricted-entry interval if the agricultural employer ensures that all of the following conditions are met: (1) The worker will have no contact with anything that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of plants. This exception does not allow workers to perform any activities that involve contact with treated surfaces even if workers are wearing personal protective equipment. (2) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required by § 170.405(b)(3) or the pesticide product labeling have been met. (b) Exception for short-term activities. A worker may enter a treated area during a restricted entry interval for short-term activities, if the agricultural employer ensures that all of the following requirements are met: (1) No hand labor activity is performed. (2) The time in treated areas where a restricted-entry interval is in effect does not exceed one hour in any 24-hour period for any worker. (3) No such entry is allowed during the �rst 4 hours after the application ends. (4) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required by § 170.405(b)(3) or the pesticide product labeling have been met. (c) Exception for an agricultural emergency. https://www.ecfr.gov/current/title-40/part-170/section-170.309#p-170.309(e) https://www.ecfr.gov/current/title-40/part-170/section-170.309#p-170.309(f) https://www.ecfr.gov/current/title-40/part-170/section-170.313#p-170.313(k) https://www.ecfr.gov/current/title-40/part-170/section-170.503#p-170.503(a) https://www.ecfr.gov/current/title-40/part-170/section-170.507 https://www.ecfr.gov/current/title-40/part-170/section-170.509 https://www.federalregister.gov/citation/80-FR-67570 https://www.federalregister.gov/citation/85-FR-68782 https://www.ecfr.gov/current/title-40/part-170/section-170.605 https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(c)(2) https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(c)(3) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 75/81 (1) An agricultural emergency means a sudden occurrence or set of circumstances that the agricultural employer could not have anticipated and over which the agricultural employer has no control, that requires entry into a treated area during a restricted entry interval, and when no alternative practices would prevent or mitigate a substantial economic loss. A substantial economic loss means a loss in pro�tability greater than that which would be expected based on the experience and �uctuations of crop yields in previous years. Only losses caused by the agricultural emergency speci�c to the affected site and geographic area are considered. Losses resulting from mismanagement cannot be included when determining whether a loss is substantial. (2) A worker may enter a treated area where a restricted-entry interval is in effect in an agricultural emergency to perform tasks necessary to mitigate the effects of the agricultural emergency, including hand labor tasks, if the agricultural employer ensures that all the following criteria are met: (i) The State department of agriculture, or the State or Tribal agency responsible for pesticide enforcement declares an agricultural emergency that applies to the treated area, or agricultural employer has determined that the circumstances within the treated area are the same as circumstances the State department of agriculture, or the State or Tribal agency responsible for pesticide enforcement has previously determined would constitute an agricultural emergency. (ii) The agricultural employer determines that the agricultural establishment is subject to the circumstances that result in an agricultural emergency meeting the criteria of paragraph (c)(1) of this section. (iii) If the labeling of any pesticide product applied to the treated area requires workers to be noti�ed of the location of treated areas by both posting and oral noti�cation, then the agricultural employer must ensure that no individual worker spends more than four hours out of any 24-hour period in treated areas where such a restricted-entry interval is in effect. (iv) No such entry is allowed during the �rst 4 hours after the application ends. (v) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required by § 170.405(b)(3) or the pesticide product labeling have been met. (d) Exceptions for limited contact and irrigation activities. A worker may enter a treated area during a restricted-entry interval for limited contact or irrigation activities, if the agricultural employer ensures that all of the following requirements are met: (1) No hand labor activity is performed. (2) No worker is allowed in the treated area for more than eight hours in a 24-hour period. (3) No such entry is allowed during the �rst 4 hours after the application ends. (4) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required by § 170.405(b)(3) or the pesticide product labeling have been met. (5) The task is one that, if not performed before the restricted-entry interval expires, would cause substantial economic loss, and there are no alternative tasks that would prevent substantial loss. https://www.ecfr.gov/current/title-40/section-170.603#p-170.603(c)(1) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 76/81 § 170.605 Agricultural employer responsibilities to protect workers entering treated areas during a restricted-entry interval. If an agricultural employer directs a worker to perform activities in a treated area where a restricted entry interval is in effect, all of the following requirements must be met: (6) With the exception of irrigation tasks, the need for the task could not have been foreseen. (7) The worker has no contact with pesticide-treated surfaces other than minimal contact with feet, lower legs, hands, and forearms. (8) The labeling of the pesticide product that was applied does not require that workers be noti�ed of the location of treated areas by both posting and oral noti�cation. (a) The agricultural employer must ensure that the worker is at least 18 years old. (b) Prior to early entry, the agricultural employer must provide to each early-entry worker the information described in paragraphs (b)(1) through (8) of this section. The information must be provided orally in a manner that the worker can understand. (1) Location of early-entry area where work activities are to be performed. (2) Pesticide(s) applied. (3) Dates and times that the restricted-entry interval begins and ends. (4) Which exception in § 170.603 is the basis for the early entry, and a description of tasks that may be performed under the exception. (5) Whether contact with treated surfaces is permitted under the exception. (6) Amount of time the worker is allowed to remain in the treated area. (7) Personal protective equipment required by the pesticide product labeling for early entry. (8) Location of the pesticide safety information required by § 170.311(a) and the location of the decontamination supplies required by § 170.605(h). (c) Prior to early entry, the agricultural employer must ensure that each worker either has read the applicable pesticide product labeling or has been informed, in a manner that the worker can understand, of all labeling requirements and statements related to human hazards or precautions, �rst aid, and user safety. (d) The agricultural employer must ensure that each worker who enters a treated area during a restricted-entry interval is provided the personal protective equipment speci�ed in the pesticide product labeling for early entry. The agricultural employer must ensure that the worker uses the personal protective equipment as intended according to manufacturer's instructions and follows any other applicable requirements on the pesticide product labeling. Personal protective equipment must conform to the standards in § 170.507(b) (1) through (9). (e) The agricultural employer must maintain the personal protective equipment in accordance with § 170.507(c) and (d). https://www.ecfr.gov/current/title-40/section-170.605#p-170.605(b)(1) https://www.ecfr.gov/current/title-40/section-170.605#p-170.605(b)(8) https://www.ecfr.gov/current/title-40/section-170.603 https://www.ecfr.gov/current/title-40/section-170.311#p-170.311(a) https://www.ecfr.gov/current/title-40/section-170.605#p-170.605(h) https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(b)(1) https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(b)(9) https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(c) https://www.ecfr.gov/current/title-40/section-170.507#p-170.507(d) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 77/81 § 170.607 Exceptions to personal protective equipment requirements speci�ied on pesticide product labeling. (f) The agricultural employer must ensure that no worker is allowed or directed to wear personal protective equipment without implementing measures su�cient to prevent heat related illness and that each worker is instructed in the prevention, recognition, and �rst aid treatment of heat-related illness. (g) The agricultural employer must instruct each worker on the proper use and removal of the personal protective equipment, and as appropriate, on its cleaning, maintenance and disposal. The agricultural employer must not allow or direct any worker to wear home or to take home employer-provided personal protective equipment contaminated with pesticides. (h) During any early-entry activity, the agricultural employer must provide decontamination supplies in accordance with § 170.509, except the decontamination supplies must be outside any area being treated with pesticides or subject to a restricted-entry interval, unless the decontamination supplies would otherwise not be reasonably accessible to workers performing early-entry tasks. (i) If the pesticide product labeling of the product applied requires protective eyewear, the agricultural employer must provide at least one pint of water per worker in portable containers for eye�ushing that is immediately available to each worker who is performing early-entry activities. (j) At the end of any early-entry activities the agricultural employer must provide, at the site where the workers remove personal protective equipment, soap, single-use towels and at least three gallons of water per worker so that the workers may wash thoroughly. (a) Body protection. (1) A chemical-resistant suit may be substituted for coveralls. If a chemical-resistant suit is substituted for coveralls, any labeling requirement for an additional layer of clothing beneath the coveralls is waived. (2) A chemical-resistant suit may be substituted for coveralls and a chemical-resistant apron. (b) Boots. If chemical-resistant footwear with su�cient durability and a tread appropriate for wear in rough terrain is not obtainable, then leather boots may be worn in such terrain. (c) Gloves. If chemical-resistant gloves with su�cient durability and suppleness are not obtainable, then during activities with plants with sharp thorns, leather gloves may be worn over chemical-resistant glove liners. However, once leather gloves are worn for this use, thereafter they must be worn only with chemical-resistant liners and they must not be worn for any other use. (d) Closed systems. (1) When pesticides are being mixed or loaded using a closed system that meets all of the requirements in paragraph (d)(2) of this section, and the handler employer meets the requirements of paragraph (d)(3) of this section, the following exceptions to labeling-speci�ed personal protective equipment are permitted: (i) Handlers using a closed system to mix or load pesticides with a signal word of “DANGER” or “WARNING” may substitute a long-sleeved shirt, long pants, shoes and socks, chemical-resistant apron, protective eyewear, and any protective https://www.ecfr.gov/current/title-40/section-170.509 https://www.ecfr.gov/current/title-40/section-170.607#p-170.607(d)(2) https://www.ecfr.gov/current/title-40/section-170.607#p-170.607(d)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 78/81 gloves speci�ed on the labeling for handlers for the labeling-speci�ed personal protective equipment. (ii) Handlers using a closed system to mix or load pesticides other than those speci�ed in paragraph (d)(1)(i) of this section may substitute protective eyewear, long-sleeved shirt, long pants, and shoes and socks for the labeling speci�ed personal protective equipment. (2) The exceptions of paragraph (d)(1) of this section apply only in the following situations: (i) Where the closed system removes the pesticide from its original container and transfers the pesticide product through connecting hoses, pipes and couplings that are su�ciently tight to prevent exposure of handlers to the pesticide product, except for the negligible escape associated with normal operation of the system. (ii) When loading intact, sealed, water soluble packaging into a mixing tank or system. If the integrity of a water soluble packaging is compromised (for example, if the packaging is dissolved, broken, punctured, torn, or in any way allows its contents to escape), it is no longer a closed system and the labeling speci�ed personal protective equipment must be worn. (3) The exceptions of paragraph (d)(1) of this section apply only where the handler employer has satis�ed the requirements of § 170.313 and all of the following conditions: (i) Each closed system must have written operating instructions that are clearly legible and include: Operating procedures for use, including the safe removal of a probe; maintenance, cleaning and repair; known restrictions or limitations relating to the system, such as incompatible pesticides, sizes (or types) of containers or closures that cannot be handled by the system; any limits on the ability to measure a pesticide; and special procedures or limitations regarding partially-�lled containers. (ii) The written operating instructions for the closed system must be available at the mixing or loading site and must be made available to any handlers who use the system. (iii) Any handler operating the closed system must be trained in its use and operate the closed system in accordance with its written operating instructions. (iv) The closed system must be cleaned and maintained as speci�ed in the written operating instructions and as needed to make sure the system functions properly. (v) All personal protective equipment speci�ed in the pesticide product labeling is immediately available to the handler for use in an emergency. (vi) Protective eyewear must be worn when using closed systems operating under pressure. (e) Enclosed cabs. (1) If a handler applies a pesticide from inside a vehicle's enclosed cab, and if the conditions listed in paragraph (e)(2) of this section are met, exceptions to the personal protective equipment requirements speci�ed on the product labeling for applicators are permitted as provided in paragraph (e)(3) of this section. https://www.ecfr.gov/current/title-40/section-170.607#p-170.607(d)(1)(i) https://www.ecfr.gov/current/title-40/section-170.607#p-170.607(d)(1) https://www.ecfr.gov/current/title-40/section-170.607#p-170.607(d)(1) https://www.ecfr.gov/current/title-40/section-170.313 https://www.ecfr.gov/current/title-40/section-170.607#p-170.607(e)(2) https://www.ecfr.gov/current/title-40/section-170.607#p-170.607(e)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 79/81 (2) All of the personal protective equipment required by the pesticide product labeling for applicators must be immediately available and stored in a sealed container to prevent contamination. Handlers must wear the applicator personal protective equipment required by the pesticide product labeling if they exit the cab within a treated area during application or when a restricted-entry interval is in effect. Once personal protective equipment is worn in a treated area, it must be removed before reentering the cab to prevent contamination of the cab. (3) Handlers may substitute a long-sleeved shirt, long pants, shoes and socks for the labeling-speci�ed personal protective equipment for skin and eye protection. If a �ltering facepiece respirator (NIOSH approval number pre�x TC-84A) or dust/mist �ltering respirator is required by the pesticide product labeling for applicators, then that respirator need not be worn inside the enclosed cab if the enclosed cab has a properly functioning air ventilation system which is used and maintained in accordance with the manufacture's written operating instructions. If any other type of respirator is required by the pesticide labeling for applicators, then that respirator must be worn. (f) Aerial applications (1) Use of gloves. The wearing of chemical-resistant gloves when entering or leaving an aircraft used to apply pesticides is optional, unless such gloves are required on the pesticide product labeling. If gloves are brought into the cockpit of an aircraft that has been used to apply pesticides, the gloves shall be kept in an enclosed container to prevent contamination of the inside of the cockpit. (2) Open cockpit. Handlers applying pesticides from an open cockpit aircraft must use the personal protective equipment speci�ed in the pesticide product labeling for use during application, except that chemical-resistant footwear need not be worn. A helmet may be substituted for chemical-resistant headgear. A helmet with a face shield lowered to cover the face may be substituted for protective eyewear. (3) Enclosed cockpit. Persons occupying an enclosed cockpit may substitute a long sleeved shirt, long pants, shoes, and socks for labeling-speci�ed personal protective equipment. (g) Crop advisors. (1) Provided the conditions of paragraphs (g)(2) through (g)(4) of this section are met, crop advisors and their employees entering treated areas to perform crop advising tasks while a restricted-entry interval is in effect may substitute either of the following sets of personal protective equipment for the personal protective equipment speci�ed on the pesticide labeling for handler activities: (i) The personal protective equipment speci�ed on the pesticide product labeling for early entry. (ii) Coveralls, shoes plus socks and chemical-resistant gloves made of any waterproof material, and eye protection if the pesticide product labeling applied requires protective eyewear for handlers. (2) The application has been complete for at least four hours. (3) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required by § 170.405(b)(3) or the pesticide product labeling have been met. https://www.ecfr.gov/current/title-40/section-170.607#p-170.607(g)(2) https://www.ecfr.gov/current/title-40/section-170.607#p-170.607(g)(4) https://www.ecfr.gov/current/title-40/section-170.405#p-170.405(b)(3) 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 80/81 § 170.609 Equivalency requests. (4) The crop advisor or crop advisor employee who enters a treated area during a restricted-entry interval only performs crop advising tasks while in the treated area. (a) States and Tribes that have promulgated worker protection regulations to protect agricultural workers and pesticide handlers from occupational pesticide exposure effective prior to January 1, 2016, have the option of requesting authority to continue implementing any provision(s) of the State's or Tribe's existing regulations that provides equivalent or greater protection in lieu of implementing any similar provision(s) in this part. (b) States or Tribes must submit requests for the authority to continue implementing State or Tribal regulation provision(s) in lieu of any similar provision(s) in this part by June 29, 2016. The request must be in the form of a letter from the State or Tribe to EPA that includes all of the following: (1) Identi�cation of the provision(s) of this part for which the State or Tribe is requesting regulatory equivalency. (2) Appropriate documentation establishing that the pertinent State or Tribal worker protection provision(s) provides environmental and human health protection that meets or exceeds the protections provided by the identi�ed provision(s) in this part. (3) Identi�cation of any additional modi�cations to existing State or Tribal regulations that would be necessary in order to provide environmental and human health protection that meets or exceeds the similar provisions of this part, and an estimated timetable for the State or Tribe to effect these changes. (4) The expected economic impact of requiring compliance with the requirement(s) of this part in comparison with compliance with the State or Tribal requirement(s), and an explanation of why it is important that employers subject to the State or Tribal authority comply with the State or Tribal requirement(s) in lieu of similar provision(s) in this part. (5) The signature of the designated representative of the State or Tribal agency responsible for pesticide enforcement. (c) EPA's O�ce of Pesticide Programs will review the State's or Tribe's letter and supporting materials and determine whether the State or Tribal provision(s) provide environmental and human health protection that meets or exceeds the comparable provision(s) of this part. (d) EPA's O�ce of Pesticide Programs will inform the State or Tribe of its determination through a letter. The letter will either: (1) Authorize the State or Tribe to continue implementing its worker protection regulatory provision(s) in lieu of the comparable provision(s) of this part; or (2) Deny the State or Tribe authorization to continue implementing its worker protection regulatory provision(s) in lieu of the comparable provision(s) of this part and detail any reasons for declining authorization. (e) Subsequent revisions. Any State or Tribe that has received authorization from EPA through the process outlined in this section to continue implementing its State or Tribal worker protection regulatory provision(s) must inform EPA by letter within six months of any revision to the State or Tribal worker protection laws or regulations. The letter must 9/16/21, 2:57 PM eCFR :: 40 CFR Part 170 -- Worker Protection Standard https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170 81/81 contain the same information outlined in paragraph (b) of this section. The State or Tribe may continue implementing provisions of its worker protection regulations identi�ed under paragraph (b) of this section unless and until EPA informs the State or Tribe through a letter that EPA has determined that the State's or Tribe's worker protection regulations no longer provide environmental and human health protection that meets or exceeds the comparable provision(s) of this part based on the revisions. https://www.ecfr.gov/current/title-40/section-170.609#p-170.609(b) https://www.ecfr.gov/current/title-40/section-170.609#p-170.609(b) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 1/55 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 171 - CERTIFICATION OF PESTICIDE APPLICATORS Authority: 7 U.S.C. 136i and 136w. Source: 39 FR 36449, Oct. 9, 1974, unless otherwise noted. Subpart A - General Provisions § 171.1 Scope. [82 FR 1028, Jan. 4, 2017] § 171.3 De�initions. Terms used in this part have the same meanings they have in FIFRA and 40 CFR part 152. In addition, the following terms have the meaning speci�ed in this section when used in this part: Agricultural commodity means any plant, fungus, or algae, or part thereof, or any animal or animal product, produced by a person (including, but not limited to, farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, �oriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals. View table of contents for this page (a) This part establishes Federal standards for the certi�cation and recerti�cation of applicators of restricted use pesticides, and requirements for pesticide applicator certi�cation plans administered by State, Tribal, and Federal agencies. The standards address the requirements for certi�cation and recerti�cation of applicators using restricted use pesticides, requirements for certi�ed applicators supervising the use of restricted use pesticides by noncerti�ed applicators, and requirements for noncerti�ed persons using restricted use pesticides under the direct supervision of a certi�ed applicator. (b) A person is a certi�ed applicator for purposes of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq., only if the person holds a certi�cation issued pursuant to a plan approved in accordance with this part and currently valid in the pertinent jurisdiction. As provided in FIFRA section 12(a)(2)(F), it is unlawful for any person to make available for use or to use any pesticide classi�ed for restricted use other than in accordance with the requirements of this part. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.federalregister.gov/citation/82-FR-1028 https://www.ecfr.gov/current/title-40/part-152 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 https://www.govinfo.gov/link/uscode/7/136 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 2/55 Agency means the U.S. Environmental Protection Agency (EPA), unless otherwise speci�ed. Application and applying means the dispersal of a pesticide on, in, at, or directed toward a target site. Applicator means any individual using a restricted use pesticide. An applicator may be certi�ed as a commercial or private applicator as de�ned in FIFRA or may be a noncerti�ed applicator as de�ned in this part. Calibration means measurement of dispersal or output of application equipment and adjustment of such equipment to establish a speci�c rate of dispersal and, if applicable, droplet or particle size of a pesticide, and/or equalized dispersal pattern. Certi�cation means a certifying authority's issuance, pursuant to this part, of authorization to a person to use or supervise the use of restricted use pesticides. Certifying authority means the Agency, or a State, Tribal, or Federal agency that issues restricted use pesticide applicator certi�cations pursuant to a certi�cation plan approved by the Agency under this part. Compatibility means the extent to which a pesticide can be combined with other chemicals without causing undesirable results. Competency means having the practical knowledge, skills, experience, and judgment necessary to perform functions associated with restricted use pesticide application without causing unreasonable adverse effects, where the nature and degree of competency required relate directly to the nature of the activity and the degree of independent responsibility. Dealership means any establishment owned or operated by a restricted use pesticide retail dealer where restricted use pesticides are distributed or sold. Fumigant means a restricted use pesticide that bears labeling designating it as a fumigant. Fumigation means the use of a fumigant. Immediate family means familial relationships limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and �rst cousins. “First cousin” means the child of a parent's sibling, i.e., the child of an aunt or uncle. Indian country means: (1) All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of way running through the reservation. (2) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State. (3) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 3/55 Indian Tribe or Tribe means any Indian or Alaska Native Tribe, band, nation, pueblo, village, or community included in the list of Tribes published by the Secretary of the Interior pursuant to the Federally Recognized Indian Tribe List Act. Mishap means an event that adversely affects man or the environment and that is related to the use or presence of a pesticide, whether the event was unexpected or intentional. Nontarget organism means any plant, animal or other organism other than the target pests that a pesticide is intended to affect. Noncerti�ed applicator means any person who is not certi�ed in accordance with this part to use or supervise the use of restricted use pesticides in the category appropriate to the type of application being conducted in the pertinent jurisdiction, but who is using restricted use pesticides under the direct supervision of a person certi�ed as a commercial or private applicator in accordance with this part. Ornamental means trees, shrubs, �owers, and other plantings intended primarily for aesthetic purposes in and around habitations, buildings and surrounding grounds, including residences, parks, streets, and commercial, industrial, and institutional buildings. Personal protective equipment means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical resistant suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical resistant aprons, chemical-resistant headgear, and protective eyewear. Practical knowledge means the possession of pertinent facts and comprehension su�cient to properly perform functions associated with use of restricted use pesticides, including properly responding to reasonably foreseeable problems and situations. Principal place of business means the principal location, either residence or o�ce, where a person conducts a business that involves the use of restricted use pesticides. A person who applies restricted use pesticides in more than one State or area of Indian country may designate a location within a State or area of Indian country as its principal place of business for that State or area of Indian country. Regulated pest means a particular species of pest speci�cally subject to Tribal, State or Federal regulatory restrictions, regulations, or control procedures intended to protect the hosts, man and/or the environment. Restricted use pesticide means a pesticide that is classi�ed for restricted use under the provisions of section 3(d) of FIFRA and 40 CFR part 152, subpart I. Restricted use pesticide retail dealer means any person who distributes or sells restricted use pesticides to any person, excluding transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail sellers, acting only in those capacities. Toxicity means the property of a pesticide that refers to the degree to which the pesticide, and its degradates and metabolites, are able to cause an adverse physiological effect on an organism. Use, as in “to use a pesticide” means any of the following: (1) Pre-application activities involving mixing and loading the pesticide. https://www.ecfr.gov/current/title-40/part-152/subpart-I 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 4/55 Use-speci�c instructions means the information and requirements speci�c to a particular pesticide product or work site that an applicator needs in order to use the pesticide in accordance with applicable requirements and without causing unreasonable adverse effects. [82 FR 1028, Jan. 4, 2017] § 171.5 E�ective date. [82 FR 1029, Jan. 4, 2017] Subpart B - Certi�ication Requirements for Applicators of Restricted Use Pesticides Source: 82 FR 1029, Jan. 4, 2017, unless otherwise noted. § 171.101 Commercial applicator certi�ication categories. Certi�cation categories. Categories of commercial applicators using or supervising the use of restricted use pesticides are identi�ed below. (2) Applying the pesticide, including, but not limited to, supervising the use of a pesticide by a noncerti�ed applicator. (3) Other pesticide-related activities, including, but not limited to, transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide containing materials. (a) This part is effective March 6, 2017. Certi�cation plans approved by EPA before the effective date remain approved except as provided in §§ 171.5(b)-(d) and 171.309. (b) Status of certi�cation plans approved before effective date. A certi�cation plan approved by EPA before March 6, 2017 remains approved until March 4, 2020, except as provided in paragraph (c) of this section and § 171.309. (c) Extension of an existing plan during EPA review of proposed revisions. If by March 4, 2020, a certifying authority has submitted to EPA a proposed modi�cation of its certi�cation plan pursuant to subpart D of this part, its certi�cation plan approved by EPA before March 6, 2017 will remain in effect until EPA has approved or rejected the modi�ed plan pursuant to § 171.309(a)(4) or March 4, 2022, whichever is earlier, except as provided in paragraph (d) of this section and § 171.309(b). (d) Extension of an existing plan after EPA has approved a revised plan. Where EPA has approved a certifying authority's modi�ed certi�cation plan pursuant to § 171.309(a)(4), the certi�cation plan approved by EPA before March 6, 2017 shall remain in effect as speci�ed in EPA's approval of the modi�ed certi�cation plan. (e) States, Tribes, or Federal agencies that do not have an EPA-approved certi�cation plan in effect may submit to EPA for review and approval a certi�cation plan that meets or exceeds all of the applicable requirements of this part any time. https://www.federalregister.gov/citation/82-FR-1028 https://www.federalregister.gov/citation/82-FR-1029 https://www.ecfr.gov/current/title-40/section-171.5#p-171.5(b) https://www.ecfr.gov/current/title-40/section-171.309 https://www.ecfr.gov/current/title-40/section-171.5#p-171.5(c) https://www.ecfr.gov/current/title-40/section-171.309 https://www.ecfr.gov/current/title-40/part-171/subpart-D https://www.ecfr.gov/current/title-40/section-171.309#p-171.309(a)(4) https://www.ecfr.gov/current/title-40/section-171.5#p-171.5(d) https://www.ecfr.gov/current/title-40/section-171.309#p-171.309(b) https://www.ecfr.gov/current/title-40/section-171.309#p-171.309(a)(4) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 5/55 (a) Agricultural pest control (1) Crop pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides in production of agricultural commodities, including but not limited to grains, vegetables, small fruits, tree fruits, peanuts, tree nuts, tobacco, cotton, feed and forage crops including grasslands, and non-crop agricultural lands. (2) Livestock pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides on animals or to places on or in which animals are con�ned. Certi�cation in this category alone is not su�cient to authorize the purchase, use, or supervision of use of products for predator control listed in paragraphs (k) and (l) of this section. (b) Forest pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides in forests, forest nurseries and forest seed production. (c) Ornamental and turf pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides to control pests in the maintenance and production of ornamental plants and turf. (d) Seed treatment. This category applies to commercial applicators using or supervising the use of restricted use pesticides on seeds in seed treatment facilities. (e) Aquatic pest control. This category applies to commercial applicators who use or supervise the use of any restricted use pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in as speci�ed in paragraph (h) of this section. (f) Right-of-way pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides in the maintenance of roadsides, powerlines, pipelines, and railway rights-of-way, and similar areas. (g) Industrial, institutional, and structural pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides in, on, or around the following: Food handling establishments, packing houses, and food-processing facilities; human dwellings; institutions, such as schools, hospitals and prisons; and industrial establishments, including manufacturing facilities, warehouses, grain elevators, and any other structures and adjacent areas, public or private, for the protection of stored, processed, or manufactured products. (h) Public health pest control. This category applies to State, Tribal, Federal or other governmental employees and contractors who use or supervise the use of restricted use pesticides in government-sponsored public health programs for the management and control of pests having medical and public health importance. (i) Regulatory pest control. This category applies to State, Tribal, Federal, or other local governmental employees and contractors who use or supervise the use of restricted use pesticides in government-sponsored programs for the control of regulated pests. Certi�cation in this category does not authorize the purchase, use, or supervision of use of products for predator control listed in paragraphs (k) and (l) of this section. (j) Demonstration and research. This category applies to individuals who demonstrate to the public the proper use and techniques of application of restricted use pesticides or supervise such demonstration and to persons conducting �eld research with restricted use pesticides, and in doing so, use or supervise the use of restricted use pesticides. This includes such individuals as extension specialists and county agents, commercial https://www.ecfr.gov/current/title-40/section-171.101#p-171.101(k) https://www.ecfr.gov/current/title-40/section-171.101#p-171.101(l) https://www.ecfr.gov/current/title-40/section-171.101#p-171.101(h) https://www.ecfr.gov/current/title-40/section-171.101#p-171.101(k) https://www.ecfr.gov/current/title-40/section-171.101#p-171.101(l) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 6/55 § 171.103 Standards for certi�ication of commercial applicators. representatives demonstrating restricted use pesticide products, individuals demonstrating application or pest control methods used in public or private programs, and State, Federal, commercial, and other persons conducting �eld research on or involving restricted use pesticides. (k) Sodium cyanide predator control. This pest control category applies to commercial applicators who use or supervise the use of sodium cyanide in a mechanical ejection device to control regulated predators. (l) Sodium �uoroacetate predator control. This pest control category applies to commercial applicators who use or supervise the use of sodium �uoroacetate in a protective collar to control regulated predators. (m) Soil fumigation. This category applies to commercial applicators who use or supervise the use of a restricted use pesticide to fumigate soil. (n) Non-soil fumigation. This category applies to commercial applicators who use or supervise the use of a restricted use pesticide to fumigate anything other than soil. (o) Aerial pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides applied by �xed or rotary wing aircraft. (a) Determination of competency. To be determined to have the necessary competency in the use and handling of restricted use pesticides by a State, Tribe, or Federal agency, a commercial applicator must receive a passing score on a written examination that meets the standards speci�ed in paragraph (a)(2) of this section and any related performance testing that is required by the State, Tribe, or Federal agency. Examinations and any alternate methods employed by the certifying authority to determine applicator competency must include the core standards applicable to all categories (paragraph (c) of this section) and the standards applicable to each category in which an applicator seeks certi�cation (paragraph (d) of this section). Certi�cation processes must meet all of the following criteria: (1) Commercial applicator minimum age. A commercial applicator must be at least 18 years old. (2) Examination standards. The certifying authority must ensure that examinations conform to all of the following standards: (i) The examination must be presented and answered in writing. (ii) The examination must be proctored by an individual designated by the certifying authority and who is not seeking certi�cation at any examination session that he or she is proctoring. (iii) Each person seeking certi�cation must present at the time of examination valid, government-issued photo identi�cation or other form of similarly reliable identi�cation authorized by the certifying authority as proof of identity and age to be eligible for certi�cation. (iv) Candidates must be monitored throughout the examination period. (v) Candidates must be instructed in examination procedures before beginning the examination. https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(a)(2) https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(c) https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(d) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 7/55 (vi) Examinations must be kept secure before, during, and after the examination period so that only the candidates have access to the examination, and candidates have access only in the presence of the proctor. (vii) Candidates must not have verbal or non-verbal communication with anyone other than the proctor during the examination period. (viii) No portion of the examination or any associated reference materials described in paragraph (a)(2)(ix) of this section may be copied or retained by any person other than a person authorized by the certifying authority to copy or retain the examination or any associated reference materials described in paragraph (a) (2)(ix) of this section. (ix) The only reference materials used during the examination are those that are approved by the certifying authority and provided and collected by the proctor. (x) Reference materials provided to examinees are reviewed after the examination is complete to ensure that no portion of the reference material has been removed, altered, or destroyed. (xi) The proctor reports to the certifying authority any examination administration inconsistencies or irregularities, including but not limited to cheating, use of unauthorized materials, and attempts to copy or retain the examination. (xii) The examination must be conducted in accordance with any other requirements of the certifying authority related to examination administration. (xiii) The certifying authority must notify each candidate of the results of his or her examination. (b) Additional methods of determining competency. In addition to written examination requirements for determining competency, a certifying authority may employ additional methods for determining applicator competency, such as performance testing. Any such additional methods must be speci�ed in the certifying authority's Agency-approved certi�cation plan and must comply with the applicable standards in paragraph (a) of this section. (c) Core standards for all categories of certi�ed commercial applicators. Persons seeking certi�cation as commercial applicators must demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides by passing a written examination. Written examinations for all commercial applicators must address all of the following areas of competency: (1) Label and labeling comprehension. Familiarity with pesticide labels and labeling and their functions, including all of the following: (i) The general format and terminology of pesticide labels and labeling. (ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling. (iii) Understanding that it is a violation of Federal law to use any registered pesticide in a manner inconsistent with its labeling. (iv) Understanding labeling requirements that a certi�ed applicator must be physically present at the site of the application. (v) Understanding labeling requirements for supervising noncerti�ed applicators working under the direct supervision of a certi�ed applicator. https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(a)(2)(ix) https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(a)(2)(ix) https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(a) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 8/55 (vi) Understanding that applicators must comply with all use restrictions and directions for use contained in pesticide labels and labeling, including being certi�ed in the certi�cation category appropriate to the type and site of the application. (vii) Understanding the meaning of product classi�cation as either general or restricted use and that a product may be unclassi�ed. (viii) Understanding and complying with product-speci�c noti�cation requirements. (ix) Recognizing and understanding the difference between mandatory and advisory labeling language. (2) Safety. Measures to avoid or minimize adverse health effects, including all of the following: (i) Understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides. (ii) Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity. (iii) Recognition of likely ways in which dermal, inhalation, and oral exposure may occur. (iv) Common types and causes of pesticide mishaps. (v) Precautions to prevent injury to applicators and other individuals in or near treated areas. (vi) Need for, and proper use of, protective clothing and personal protective equipment. (vii) Symptoms of pesticide poisoning. (viii) First aid and other procedures to be followed in case of a pesticide mishap. (ix) Proper identi�cation, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers. (3) Environment. The potential environmental consequences of the use and misuse of pesticides, including the in�uence of all of the following: (i) Weather and other indoor and outdoor climatic conditions. (ii) Types of terrain, soil, or other substrate. (iii) Presence of �sh, wildlife, and other non-target organisms. (iv) Drainage patterns. (4) Pests. The proper identi�cation and effective control of pests, including all of the following: (i) The importance of correctly identifying target pests and selecting the proper pesticide product(s) for effective pest control. (ii) Verifying that the labeling does not prohibit the use of the product to control the target pest(s). 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 9/55 (5) Pesticides. Characteristics of pesticides, including all of the following: (i) Types of pesticides. (ii) Types of formulations. (iii) Compatibility, synergism, persistence, and animal and plant toxicity of the formulations. (iv) Hazards and residues associated with use. (v) Factors that in�uence effectiveness or lead to problems such as pesticide resistance. (vi) Dilution procedures. (6) Equipment. Application equipment, including all of the following: (i) Types of equipment and advantages and limitations of each type. (ii) Use, maintenance, and calibration procedures. (7) Application methods. Selecting appropriate application methods, including all of the following: (i) Methods used to apply various forms and formulations of pesticides. (ii) Knowledge of which application method to use in a given situation and that use of a fumigant, aerial application, sodium cyanide, or sodium �uoroacetate requires additional certi�cation. (iii) How selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse. (iv) Prevention of drift and pesticide loss into the environment. (8) Laws and regulations. Knowledge of all applicable State, Tribal, and Federal laws and regulations. (9) Responsibilities of supervisors of noncerti�ed applicators. Knowledge of the responsibilities of certi�ed applicators supervising noncerti�ed applicators, including all of the following: (i) Understanding and complying with requirements in § 171.201 of this part for certi�ed commercial applicators who supervise noncerti�ed applicators using restricted use pesticides. (ii) The recordkeeping requirements of pesticide safety training for noncerti�ed applicators who use restricted use pesticides under the direct supervision of a certi�ed applicator. (iii) Providing use-speci�c instructions to noncerti�ed applicators using restricted use pesticides under the direct supervision of a certi�ed applicator. (iv) Explaining pertinent State, Tribal, and Federal laws and regulations to noncerti�ed applicators who use restricted use pesticides under the direct supervision of a certi�ed applicator. (10) Professionalism. Understanding the importance of all of the following: (i) Maintaining chemical security for restricted use pesticides. https://www.ecfr.gov/current/title-40/part-171/section-171.201 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 10/55 (ii) How to communicate information about pesticide exposures and risks with customers and the public. (iii) Appropriate product stewardship for certi�ed applicators. (d) Speci�c standards of competency for each category of commercial applicators. In addition to satisfying the requirements of paragraph (c) of this section, to be certi�ed as commercial applicators, persons must demonstrate through written examinations practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides for each category for which they intend to apply restricted use pesticides, except as provided at §§ 171.303(a)(4) and 171.305(a)(5). The minimum competency standards for each category are listed in paragraphs (d)(1) through (15) of this section. Examinations for each category of certi�cation listed in § 171.101 must be based on the standards of competency speci�ed in paragraphs (d)(1) through (15) of this section and examples of problems and situations appropriate to the particular category in which the applicator is seeking certi�cation. (1) Agricultural pest control. (i) Crop pest control. Applicators must demonstrate practical knowledge of crops, grasslands, and non-crop agricultural lands and the speci�c pests of those areas on which they may be using restricted use pesticides. The importance of such competency is ampli�ed by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. The required knowledge includes pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination such as soil and water problems, non-target injury, and other problems resulting from the use of restricted use pesticides in agricultural areas. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures. (ii) Livestock pest control. Applicators must demonstrate practical knowledge of such animals and their associated pests. The required knowledge includes speci�c pesticide toxicity and residue potential, and the hazards associated with such factors as formulation, application techniques, age of animals, stress, and extent of treatment. (2) Forest pest control. Applicators must demonstrate practical knowledge of types of forests, forest nurseries, and seed production within the jurisdiction of the certifying authority and the pests involved. The required knowledge includes the cyclic occurrence of certain pests and speci�c population dynamics as a basis for programming pesticide applications, the relevant organisms causing harm and their vulnerability to the pesticides to be applied, how to determine when pesticide use is proper, selection of application method and proper use of application equipment to minimize non-target exposures, and appropriate responses to meteorological factors and adjacent land use. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures. (3) Ornamental and turf pest control. Applicators must demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental plants and turf. The required knowledge includes the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures. Because https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(c) https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(a)(4) https://www.ecfr.gov/current/title-40/section-171.305#p-171.305(a)(5) https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(d)(1) https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(d)(15) https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(d)(1) https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(d)(15) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 11/55 of the frequent proximity of human habitations to application activities, applicators in this category must demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals. (4) Seed treatment. Applicators must demonstrate practical knowledge including recognizing types of seeds to be treated, the effects of carriers and surface active agents on pesticide binding and germination, the hazards associated with handling, sorting and mixing, and misuse of treated seed, the importance of proper application techniques to avoid harm to non-target organisms, and the proper disposal of unused treated seeds. (5) Aquatic pest control. Applicators must demonstrate practical knowledge of the characteristics of various aquatic use situations, the potential for adverse effects on non-target plants, �sh, birds, bene�cial insects and other organisms in the immediate aquatic environment and downstream, and the principles of limited area application. (6) Right-of-way pest control. Applicators must demonstrate practical knowledge of the types of environments (terrestrial and aquatic) traversed by rights-of-way, recognition of target pests, and techniques to minimize non-target exposure, runoff, drift, and excessive foliage destruction. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants and pests to be controlled, and for persistence beyond the intended period of pest control. (7) Industrial, institutional, and structural pest control. Applicators must demonstrate a practical knowledge of industrial, institutional, and structural pests, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant to problem identi�cation and control. Applicators must demonstrate practical knowledge of types of formulations appropriate for control of industrial, institutional and structural pests, and methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts of outdoor applications. (8) Public health pest control. Applicators must demonstrate practical knowledge of pests that are important vectors of disease, including recognizing the pests and signs of their presence, their habitats, their life cycles, biology and behavior as it may be relevant to problem identi�cation and control. The required knowledge also includes how to minimize damage to and contamination of areas treated, acute and chronic exposure of people and pets, and non-target exposures. (9) Regulatory pest control. Applicators must demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of regulated pests, and the potential impact on the environment of restricted use pesticides used in suppression and eradication programs. They must demonstrate knowledge of factors in�uencing introduction, spread, and population dynamics of regulated pests. (10) Demonstration and research. Applicators must demonstrate practical knowledge of the potential problems, pests, and population levels reasonably expected to occur in a demonstration situation and the effects of restricted use pesticides on target and non-target organisms. In addition, they must demonstrate competency in each pest control category applicable to their demonstrations. (11) Sodium cyanide predator control. Applicators must demonstrate practical knowledge of mammalian predator pests, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 12/55 to pest identi�cation and control. Applicators must demonstrate comprehension of all laws and regulations applicable to the use of mechanical ejection devices for sodium cyanide, including the restrictions on the use of sodium cyanide products ordered by the EPA Administrator. . Applicators must also demonstrate practical knowledge and understanding of all of the speci�c use restrictions for sodium cyanide devices, including safe handling and proper placement of the capsules and device, proper use of the antidote kit, noti�cation to medical personnel before use of the device, conditions of and restrictions on when and where devices can be used, requirements to consult U.S. Fish and Wildlife Service maps before use to avoid affecting endangered species, maximum density of devices, provisions for supervising and monitoring applicators, required information exchange in locations where more than one agency is authorized to place devices, and speci�c requirements for recordkeeping, monitoring, �eld posting, proper storage, and disposal of damaged or used sodium cyanide capsules. (12) Sodium �uoroacetate predator control. Applicators must demonstrate practical knowledge of mammalian predator pests, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant to pest identi�cation and control. Applicators must demonstrate comprehension of all laws and regulations applicable to the use of sodium �uoroacetate products, including the restrictions on the use of sodium �uoroacetate products ordered by the EPA Administrator. Applicators must also demonstrate practical knowledge and understanding of the speci�c use restrictions for sodium �uoroacetate in the livestock protection collar, including where and when sodium �uoroacetate products can be used, safe handling and placement of collars, and practical treatment of sodium �uoroacetate poisoning in humans and domestic animals. Applicators must also demonstrate practical knowledge and understanding of speci�c requirements for �eld posting, monitoring, recordkeeping, proper storage of collars, disposal of punctured or leaking collars, disposal of contaminated animal remains, vegetation, soil, and clothing, and reporting of suspected and actual poisoning, mishap, or injury to threatened or endangered species, humans, domestic animals, or non-target wild animals. (13) Soil fumigation. Applicators must demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil fumigation applications, including all the following: (i) Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform soil fumigation, including all of the following: (A) Labeling requirements speci�c to soil fumigants. (B) Requirements for certi�ed applicators of fumigants, fumigant handlers and permitted fumigant handler activities, and the safety information that certi�ed applicators must provide to noncerti�ed applicators using fumigants under their direct supervision. (C) Entry-restricted periods for tarped and untarped �eld application scenarios. (D) Recordkeeping requirements. (E) Labeling provisions unique to fumigant products containing certain active ingredients. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 13/55 (ii) Safety. Measures to minimize adverse health effects, including all of the following: (A) Understanding how certi�ed applicators, noncerti�ed applicators using fumigants under direct supervision of certi�ed applicators, �eld workers, and bystanders can become exposed to fumigants. (B) Common problems and mistakes that can result in direct exposure to fumigants. (C) Signs and symptoms of human exposure to fumigants. (D) Air concentrations of a fumigant that require that applicators wear respirators or exit the work area entirely. (E) Steps to take if a fumigant applicator experiences sensory irritation. (F) Understanding air monitoring, when it is required, and where and when to take samples. (G) Buffer zones, including procedures for buffer zone monitoring and who is permitted to be in a buffer zone. (H) First aid measures to take in the event of exposure to a soil fumigant. (I) Labeling requirements for transportation, storage, spill clean up, and emergency response for soil fumigants, including safe disposal of containers and contaminated soil, and management of empty containers. (iii) Soil fumigant chemical characteristics. Characteristics of soil fumigants, including all of the following: (A) Chemical characteristics of soil fumigants. (B) Speci�c human exposure concerns for soil fumigants. (C) How soil fumigants change from a liquid or solid to a gas. (D) How soil fumigants disperse in the application zone. (E) Compatibility concerns for tanks, hoses, tubing, and other equipment. (iv) Application. Selecting appropriate application methods and timing, including all of the following: (A) Application methods, including but not limited to water-run and non-water run applications, and equipment commonly used for each soil fumigant. (B) Site characteristics that in�uence fumigant exposure. (C) Understanding temperature inversions and their impact on soil fumigant application. (D) Weather conditions that could impact timing of soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications during speci�c weather conditions. (E) Conducting pre-application inspection of application equipment. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 14/55 (F) Understanding the purpose and methods of soil sealing, including the factors that determine which soil sealing method to use. (G) Understanding the use of tarps, including the range of tarps available, how to seal tarps, and labeling requirements for tarp removal, perforation, and repair. (H) Calculating the amount of product required for a speci�c treatment area. (I) Understanding the basic techniques for calibrating soil fumigant application equipment. (v) Soil and pest factors. Soil and pest factors that in�uence fumigant activity, including all of the following: (A) In�uence of soil factors on fumigant volatility and movement within the soil pro�le. (B) Factors that in�uence gaseous movement through the soil pro�le and into the air. (C) Soil characteristics, including how soil characteristics affect the success of a soil fumigant application, assessing soil moisture, and correcting for soil characteristics that could hinder a successful soil fumigant application. (D) Identifying pests causing the damage and verifying they can be controlled with soil fumigation. (E) Understanding the relationship between pest density and application rate. (F) The importance of proper application depth and timing. (vi) Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including all of the following: (A) Following labeling directions for required personal protective equipment. (B) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment. (C) Understanding the types of respirators required when using speci�c soil fumigants and how to use them properly, including medical evaluation, �t testing, and required replacement of cartridges and canisters. (D) Labeling requirements and other laws applicable to medical evaluation for respirator use, �t tests, training, and recordkeeping. (vii) Fumigant management plans and post-application summaries. Information about fumigant management plans, including all of the following: (A) When a fumigant management plan must be in effect, how long it must be kept on �le, where it must be kept during the application, and who must have access to it. (B) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 15/55 (C) The person responsible for verifying that a fumigant management plan is accurate. (D) The elements, purpose and content of a post-application summary, who must prepare it, and when it must be completed. (viii) Buffer zones and posting requirements. Understanding buffer zones and posting requirements, including all of the following: (A) Buffer zones and the buffer zone period. (B) Identifying who is allowed in a buffer zone during the buffer zone period and who is prohibited from being in a buffer zone during the buffer zone period. (C) Using the buffer zone table from the labeling to determine the size of the buffer zone. (D) Factors that determine the buffer zone credits for application scenarios and calculating buffer zones using credits. (E) Distinguishing buffer zone posting and treated area posting, including the pre-application and post-application posting timeframes for each. (F) Proper choice and placement of warning signs. (14) Non-soil fumigation. Applicators must demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation applications of restricted use pesticides to sites other than soil, including all the following: (i) Label & labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform non-soil fumigation, including labeling requirements speci�c to non-soil fumigants. (ii) Safety. Measures to minimize adverse health effects, including all of the following: (A) Understanding how certi�ed applicators, noncerti�ed applicators using fumigants under direct supervision of certi�ed applicators, and bystanders can become exposed to fumigants. (B) Common problems and mistakes that can result in direct exposure to fumigants. (C) Signs and symptoms of human exposure to fumigants. (D) Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely. (E) Steps to take if a fumigant applicator experiences sensory irritation. (F) Understanding air monitoring, when it is required, and where and when to take samples. (G) Buffer zones, including procedures for buffer zone monitoring and who is permitted to be in a buffer zone. (H) First aid measures to take in the event of exposure to a fumigant. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 16/55 (I) Labeling requirements for transportation, storage, spill clean up, and emergency response for non-soil fumigants, including safe disposal of containers and contaminated materials, and management of empty containers. (iii) Non-soil fumigant chemical characteristics. Characteristics of non-soil fumigants, including all of the following: (A) Chemical characteristics of non-soil fumigants. (B) Speci�c human exposure concerns for non-soil fumigants. (C) How fumigants change from a liquid or solid to a gas. (D) How fumigants disperse in the application zone. (E) Compatibility concerns for tanks, hoses, tubing, and other equipment. (iv) Application. Selecting appropriate application methods and timing, including all of the following: (A) Application methods and equipment commonly used for non-soil fumigation. (B) Site characteristics that in�uence fumigant exposure. (C) Conditions that could impact timing of non-soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications under speci�c conditions. (D) Conducting pre-application inspection of application equipment and the site to be fumigated. (E) Understanding the purpose and methods of sealing the area to be fumigated, including the factors that determine which sealing method to use. (F) Calculating the amount of product required for a speci�c treatment area. (G) Understanding the basic techniques for calibrating non-soil fumigant application equipment. (H) Understanding when and how to conduct air monitoring and when it is required. (v) Pest factors. Pest factors that in�uence fumigant activity, including all of the following: (A) In�uence of pest factors on fumigant volatility. (B) Factors that in�uence gaseous movement through the area being fumigated and into the air. (C) Identifying pests causing the damage and verifying they can be controlled with fumigation. (D) Understanding the relationship between pest density and application rate. (E) The importance of proper application rate and timing. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 17/55 (vi) Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including all of the following: (A) Following labeling directions for required personal protective equipment. (B) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment. (C) Understanding the types of respirators required when using speci�c non soil fumigants and how to use them properly, including medical evaluation, �t testing, and required replacement of cartridges and canisters. (D) Labeling requirements and other laws applicable to medical evaluation for respirator use, �t tests, training, and recordkeeping. (vii) Fumigant management plans and post-application summaries. Information about fumigant management plans and when they are required, including all of the following: (A) When a fumigant management plan must be in effect, how long it must be kept on �le, where it must be kept during the application, and who must have access to it. (B) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan. (C) The person responsible for verifying that a fumigant management plan is accurate. (D) The elements, purpose and content of a post-application summary, who must prepare it, and when it must be completed. (viii) Posting requirements. Understanding posting requirements, including all of the following: (A) Understanding who is allowed in an area being fumigated or after fumigation and who is prohibited from being in such areas. (B) Distinguishing fumigant labeling-required posting and treated area posting, including the pre-application and post-application posting timeframes for each. (C) Proper choice and placement of warning signs. (15) Aerial pest control. Applicators must demonstrate practical knowledge of the pest problems and pest control practices associated with performing aerial application of restricted use pesticides, including all the following: (i) Labeling. Labeling requirements and restrictions speci�c to aerial application of pesticides including: (A) Spray volumes. (B) Buffers and no-spray zones. (C) Weather conditions speci�c to wind and inversions. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 18/55 (ii) Application equipment. Understand how to choose and maintain aerial application equipment, including all of the following: (A) The importance of inspecting application equipment to ensure it is in proper operating condition prior to beginning an application. (B) Selecting proper nozzles to ensure appropriate pesticide dispersal and to minimize drift. (C) Knowledge of the components of an aerial pesticide application system, including pesticide hoppers, tanks, pumps, and types of nozzles. (D) Interpreting a nozzle �ow rate chart. (E) Determining the number of nozzles for intended pesticide output using nozzle �ow rate chart, aircraft speed, and swath width. (F) How to ensure nozzles are placed to compensate for uneven dispersal due to uneven air�ow from wingtip vortices, helicopter rotor turbulence, and aircraft propeller turbulence. (G) Where to place nozzles to produce the appropriate droplet size. (H) How to maintain the application system in good repair, including pressure gauge accuracy, �lter cleaning according to schedule, and checking nozzles for excessive wear. (I) How to calculate required and actual �ow rates. (J) How to verify �ow rate using �xed timing, open timing, known distance, or a �ow meter. (K) When to adjust and calibrate application equipment. (iii) Application considerations. The applicator must demonstrate knowledge of factors to consider before and during application, including all of the following: (A) Weather conditions that could impact application by affecting aircraft engine power, take-off distance, and climb rate, or by promoting spray droplet evaporation. (B) How to determine wind velocity, direction, and air density at the application site. (C) The potential impact of thermals and temperature inversions on aerial pesticide application. (iv) Minimizing drift. The applicator must demonstrate knowledge of methods to minimize off-target pesticide movement, including all of the following: (A) How to determine drift potential of a product using a smoke generator. (B) How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and concentration. (C) Selecting techniques that minimize pesticide movement out of the area to be treated. (D) Documenting special equipment con�gurations or �ight patterns used to reduce off-target pesticide drift. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 19/55 § 171.105 Standards for certi�ication of private applicators. (v) Performing aerial application. The applicator must demonstrate competency in performing an aerial pesticide application, including all of the following: (A) Selecting a �ight altitude that minimizes streaking and off-target pesticide drift. (B) Choosing a �ight pattern that ensures applicator and bystander safety and proper application. (C) The importance of engaging and disengaging spray precisely when entering and exiting a predetermined swath pattern. (D) Tools available to mark swaths, such as global positioning systems and �ags. (E) Recordkeeping requirements for aerial pesticide applications including application conditions if applicable. (e) Exceptions. The requirements in § 171.103(a)-(d) of this part do not apply to the following persons: (1) Persons conducting laboratory research involving restricted use pesticides. (2) Doctors of Medicine and Doctors of Veterinary Medicine applying restricted use pesticides to patients during the course of the ordinary practice of those professions. (a) General private applicator certi�cation. Before using or supervising the use of a restricted use pesticide as a private applicator, a person must be certi�ed by an appropriate certifying authority as having the necessary competency to use restricted use pesticides for pest control in the production of agricultural commodities, which includes the ability to read and understand pesticide labeling. Certi�cation in this general private applicator certi�cation category alone is not su�cient to authorize the purchase, use, or supervision of use of the restricted use pesticide products in the categories listed in paragraphs (b) through (f) of this section. Persons seeking certi�cation as private applicators must demonstrate practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and effective use of restricted use pesticides, including all of the following: (1) Label and labeling comprehension. Familiarity with pesticide labels and labeling and their functions, including all of the following: (i) The general format and terminology of pesticide labels and labeling. (ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling. (iii) Understanding that it is a violation of Federal law to use any registered pesticide in a manner inconsistent with its labeling. (iv) Understanding when a certi�ed applicator must be physically present at the site of the application based on labeling requirements. (v) Understanding labeling requirements for supervising noncerti�ed applicators working under the direct supervision of a certi�ed applicator. https://www.ecfr.gov/current/title-40/part-171/section-171.103#p-171.103(a) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(b) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(f) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 20/55 (vi) Understanding that applicators must comply with all use restrictions and directions for use contained in pesticide labels and labeling, including being certi�ed in the appropriate category to use restricted use pesticides for fumigation or aerial application, or predator control devices containing sodium cyanide or sodium �uoroacetate, if applicable. (vii) Understanding the meaning of product classi�cation as either general or restricted use, and that a product may be unclassi�ed. (viii) Understanding and complying with product-speci�c noti�cation requirements. (ix) Recognizing and understanding the difference between mandatory and advisory labeling language. (2) Safety. Measures to avoid or minimize adverse health effects, including all of the following: (i) Understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides. (ii) Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity. (iii) Recognition of likely ways in which dermal, inhalation, and oral exposure may occur. (iv) Common types and causes of pesticide mishaps. (v) Precautions to prevent injury to applicators and other individuals in or near treated areas. (vi) Need for, and proper use of, protective clothing and personal protective equipment. (vii) Symptoms of pesticide poisoning. (viii) First aid and other procedures to be followed in case of a pesticide mishap. (ix) Proper identi�cation, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers. (3) Environment. The potential environmental consequences of the use and misuse of pesticides, including the in�uence of the following: (i) Weather and other climatic conditions. (ii) Types of terrain, soil, or other substrate. (iii) Presence of �sh, wildlife, and other non-target organisms. (iv) Drainage patterns. (4) Pests. The proper identi�cation and effective control of pests, including all of the following: (i) The importance of correctly identifying target pests and selecting the proper pesticide product(s). 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 21/55 (ii) Verifying that the labeling does not prohibit the use of the product to control the target pest(s). (5) Pesticides. Characteristics of pesticides, including all of the following: (i) Types of pesticides. (ii) Types of formulations. (iii) Compatibility, synergism, persistence, and animal and plant toxicity of the formulations. (iv) Hazards and residues associated with use. (v) Factors that in�uence effectiveness or lead to problems such as pesticide resistance. (vi) Dilution procedures. (6) Equipment. Application equipment, including all of the following: (i) Types of equipment and advantages and limitations of each type. (ii) Uses, maintenance, and calibration procedures. (7) Application methods. Selecting appropriate application methods, including all of the following: (i) Methods used to apply various forms and formulations of pesticides. (ii) Knowledge of which application method to use in a given situation and that use of a fumigant, aerial application, or predator control device containing sodium cyanide or sodium �uoroacetate requires additional certi�cation. (iii) How selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse. (iv) Prevention of drift and pesticide loss into the environment. (8) Laws and regulations. Knowledge of all applicable State, Tribal, and Federal laws and regulations, including understanding the Worker Protection Standard in 40 CFR part 170 and the circumstances where compliance is required. (9) Responsibilities for supervisors of noncerti�ed applicators. Certi�ed applicator responsibilities related to supervision of noncerti�ed applicators, including all of the following: (i) Understanding and complying with requirements in § 171.201 of this part for private applicators who supervise noncerti�ed applicators using restricted use pesticides. (ii) Providing use-speci�c instructions to noncerti�ed applicators using restricted use pesticides under the direct supervision of a certi�ed applicator. (iii) Explaining appropriate State, Tribal, and Federal laws and regulations to noncerti�ed applicators working under the direct supervision of a certi�ed applicator. (10) Stewardship. Understanding the importance of all of the following: (i) Maintaining chemical security for restricted use pesticides. https://www.ecfr.gov/current/title-40/part-170 https://www.ecfr.gov/current/title-40/part-171/section-171.201 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 22/55 (ii) How to communicate information about pesticide exposures and risks with agricultural workers and handlers and other persons. (11) Agricultural pest control. Practical knowledge of pest control applications to agricultural commodities including all of the following: (i) Speci�c pests of relevant agricultural commodities. (ii) How to avoid contamination of ground and surface waters. (iii) Understanding pre-harvest and restricted entry intervals and entry-restricted periods and areas. (iv) Understanding speci�c pesticide toxicity and residue potential when pesticides are applied to animal or animal product agricultural commodities. (v) Relative hazards associated with using pesticides on animals or places in which animals are con�ned based on formulation, application technique, age of animal, stress, and extent of treatment. (b) Sodium cyanide predator control. In addition to satisfying the requirements in paragraph (a) of this section, in order to use sodium cyanide in a mechanical ejection device, private applicators must demonstrate comprehension of all laws and regulations applicable to the use of mechanical ejection devices for sodium cyanide, including the restrictions on the use of sodium cyanide products ordered by the EPA Administrator. Applicators must also demonstrate practical knowledge and understanding of all of the speci�c use restrictions for sodium cyanide devices, including safe handling and proper placement of the capsules and device, proper use of the antidote kit, noti�cation to medical personnel before use of the device, conditions of and restrictions on where devices can be used, requirements to consult U.S. Fish and Wildlife Service maps before use to avoid affecting endangered species, maximum density of devices, provisions for supervising and monitoring applicators, required information exchange in locations where more than one agency is authorized to place devices, and speci�c requirements for recordkeeping, monitoring, �eld posting, proper storage, and disposal of damaged or used sodium cyanide capsules. (c) Sodium �uoroacetate predator control. In addition to satisfying the requirements in paragraph (a) of this section, in order to use sodium �uoroacetate, private applicators must demonstrate comprehension of all laws and regulations applicable to the use of sodium �uoroacetate products, including the restrictions on the use of sodium �uoroacetate products ordered by the EPA Administrator. Applicators must also demonstrate practical knowledge and understanding of the speci�c use restrictions for sodium �uoroacetate in the livestock protection collar, including where and when sodium �uoroacetate products can be used, safe handling and placement of collars, and practical treatment of sodium �uoroacetate poisoning in humans and domestic animals. Applicators must also demonstrate practical knowledge and understanding of speci�c requirements for �eld posting, monitoring, recordkeeping, proper storage of collars, disposal of punctured or leaking collars, disposal of contaminated animal remains, vegetation, soil, and clothing, and reporting of suspected and actual poisoning, mishap, or injury to threatened or endangered species, humans, domestic animals, or non-target wild animals. (d) Soil fumigation. In addition to satisfying the requirements in paragraph (a) of this section, private applicators that use or supervise the use of a restricted use pesticide to fumigate soil must demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil fumigant applications, including all the following: https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(a) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(a) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(a) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 23/55 (1) Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform soil fumigation, including all of the following: (i) Labeling requirements speci�c to soil fumigants. (ii) Requirements for certi�ed applicators of fumigants, fumigant handlers and permitted fumigant handler activities, and the safety information that certi�ed applicators must provide to noncerti�ed applicators using fumigants under the direct supervision of certi�ed applicators. (iii) Entry-restricted period for different tarped and untarped �eld application scenarios. (iv) Recordkeeping requirements imposed by product labels and labeling. (v) Labeling provisions unique to products containing certain active ingredients. (vi) Labeling requirements for fumigant management plans, such as when a fumigant management plan must be in effect, how long it must be kept on �le, where it must be kept during the application, and who must have access to it; the elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan; the person responsible for verifying that a fumigant management plan is accurate; and the elements, purpose and content of a post-application summary, who must prepare it, and when it must be completed. (2) Safety. Measures to minimize adverse health effects, including all of the following: (i) Understanding how certi�ed applicators, noncerti�ed applicators using fumigants under the direct supervision of certi�ed applicators, �eld workers, and bystanders can become exposed to fumigants. (ii) Common problems and mistakes that can result in direct exposure to fumigants. (iii) Signs and symptoms of human exposure to fumigants. (iv) Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely. (v) Steps to take if a fumigant applicator experiences sensory irritation. (vi) Understanding air monitoring, when it is required, and where and when to take samples. (vii) Buffer zones, including procedures for buffer zone monitoring and who is permitted to be in a buffer zone. (viii) First aid measures to take in the event of exposure to a soil fumigant. (ix) Labeling requirements for transportation, storage, spill cleanup, and emergency response for soil fumigants, including safe disposal of containers and contaminated soil, and management of empty containers. (3) Soil fumigant chemical characteristics. Characteristics of soil fumigants, including all of the following: (i) Chemical characteristics of soil fumigants. (ii) Speci�c human exposure concerns for soil fumigants. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 24/55 (iii) How soil fumigants change from a liquid or solid to a gas. (iv) How soil fumigants disperse in the application zone. (v) Compatibility concerns for tanks, hoses, tubing, and other equipment. (4) Application. Selecting appropriate application methods and timing, including all of the following: (i) Application methods, including but not limited to water-run and non-water-run applications, and equipment commonly used for each soil fumigant. (ii) Site characteristics that in�uence fumigant exposure. (iii) Understanding temperature inversions and their impact on soil fumigant application. (iv) Weather conditions that could impact timing of soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications during speci�c weather conditions. (v) Conducting pre-application inspection of application equipment. (vi) Understanding the purpose and methods of soil sealing, including the factors that determine which soil sealing method to use. (vii) Understanding the use of tarps, including the range of tarps available, how to seal tarps, and labeling requirements for tarp removal, perforation, and repair. (viii) Calculating the amount of product required for a speci�c treatment area. (ix) Understanding the basic techniques for calibrating soil fumigant application equipment. (5) Soil and pest factors. Soil and pest factors that in�uence fumigant activity, including all of the following: (i) In�uence of soil factors on fumigant volatility and movement within the soil pro�le. (ii) Factors that in�uence gaseous movement through the soil pro�le and into the air. (iii) Soil characteristics, including how soil characteristics affect the success of a soil fumigant application, assessing soil moisture, and correcting for soil characteristics that could hinder a successful soil fumigant application. (iv) Identifying pests causing the damage and verifying they can be controlled with soil fumigation. (v) Understanding the relationship between pest density and application rate. (vi) The importance of proper application depth and timing. (6) Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including all of the following: (i) Following labeling directions for required personal protective equipment. (ii) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 25/55 (iii) Understanding the types of respirators required when using speci�c soil fumigants and how to use them properly, including medical evaluation, �t testing, and required replacement of cartridges and canisters. (iv) Labeling requirements and other laws applicable to medical evaluation for respirator use, �t tests, training, and recordkeeping. (7) Fumigant management plans and post-application summaries. Information about fumigant management plans, including all of the following: (i) When a fumigant management plan must be in effect, how long it must be kept on �le, where it must be kept during the application, and who must have access to it. (ii) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan. (iii) The person responsible for verifying that a fumigant management plan is accurate. (iv) The elements, purpose and content of a post-application summary, who must prepare it, and when it must be completed. (8) Buffer zones and posting requirements. Understanding buffer zones and posting requirements, including all of the following: (i) Buffer zones and the buffer zone period. (ii) Identifying who may be in a buffer zone during the buffer zone period and who is prohibited from being in a buffer zone during the buffer zone period. (iii) Using the buffer zone table from the labeling to determine the size of the buffer zone. (iv) Factors that determine the buffer zone credits for application scenarios and calculating buffer zones using credits. (v) Distinguishing buffer zone posting and treated area posting, including the pre application and post-application posting timeframes for each. (vi) Proper choice and placement of warning signs. (e) Non-soil fumigation. In addition to satisfying the requirements in paragraph (a) of this section, private applicators that use or supervise the use of a restricted use pesticide to fumigate anything other than soil must demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation applications to sites other than soil, including all the following: (1) Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform non-soil fumigation, including labeling requirements speci�c to non-soil fumigants. (2) Safety. Measures to minimize adverse health effects, including all of the following: (i) Understanding how certi�ed applicators, handlers, and bystanders can become exposed to fumigants. (ii) Common problems and mistakes that can result in direct exposure to fumigants. https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(a) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 26/55 (iii) Signs and symptoms of human exposure to fumigants. (iv) When air concentrations of a fumigant triggers handlers to wear respirators or to exit the work area entirely. (v) Steps to take if a person using a fumigant experiences sensory irritation. (vi) Understanding air monitoring, when it is required, and where and when to take samples. (vii) Buffer zones, including procedures for buffer zone monitoring and who is permitted to be in a buffer zone. (viii) First aid measures to take in the event of exposure to a fumigant. (ix) Labeling requirements for transportation, storage, spill clean up, and emergency response for non-soil fumigants, including safe disposal of containers and contaminated materials, and management of empty containers. (3) Non-soil fumigant chemical characteristics. Characteristics of non-soil fumigants, including all of the following: (i) Chemical characteristics of non-soil fumigants. (ii) Speci�c human exposure concerns for non-soil fumigants. (iii) How fumigants change from a liquid or solid to a gas. (iv) How fumigants disperse in the application zone. (v) Compatibility concerns for tanks, hoses, tubing, and other equipment. (4) Application. Selecting appropriate application methods and timing, including all of the following: (i) Application methods and equipment commonly used for non-soil fumigation. (ii) Site characteristics that in�uence fumigant exposure. (iii) Conditions that could impact timing of non-soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications when speci�c conditions are present. (iv) Conducting pre-application inspection of application equipment and the site to be fumigated. (v) Understanding the purpose and methods of sealing the area to be fumigated, including the factors that determine which sealing method to use. (vi) Calculating the amount of product required for a speci�c treatment area. (vii) Understanding the basic techniques for calibrating non-soil fumigant application equipment. (viii) Understanding when and how to conduct air monitoring and when it is required. (5) Pest factors. Pest factors that in�uence fumigant activity, including all of the following: (i) In�uence of pest factors on fumigant volatility. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 27/55 (ii) Factors that in�uence gaseous movement through the area being fumigated and into the air. (iii) Identifying pests causing the damage and verifying they can be controlled with fumigation. (iv) Understanding the relationship between pest density and application rate. (v) The importance of proper application rate and timing. (6) Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including all of the following: (i) Following labeling directions for required personal protective equipment. (ii) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment. (iii) Understanding the types of respirators required when using speci�c soil fumigants and how to use them properly, including medical evaluation, �t testing, and required replacement of cartridges and canisters. (iv) Labeling requirements and other laws applicable to medical evaluation for respirator use, �t tests, training, and recordkeeping. (7) Fumigant management plans and post-application summaries. Information about fumigant management plans and when they are required, including all of the following: (i) When a fumigant management plan must be in effect, how long it must be kept on �le, where it must be kept during the application, and who must have access to it. (ii) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan. (iii) The person responsible for verifying that a fumigant management plan is accurate. (iv) The elements, purpose and content of a post-application summary, who must prepare it, and when it must be completed. (8) Posting requirements. Understanding posting requirements, including all of the following: (i) Understanding who is allowed in an area being fumigated or after fumigation and who is prohibited from being in such areas. (ii) Distinguishing fumigant labeling-required posting and treated area posting, including the pre-application and post-application posting timeframes for each. (iii) Proper choice and placement of warning signs. (f) Aerial pest control. In addition to satisfying the requirements in paragraph (a) of this section, private applicators that use or supervise the use of restricted use pesticides applied by �xed or rotary wing aircraft must demonstrate practical knowledge of the pest problems and pest control practices associated with performing aerial application, including all the following: https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(a) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 28/55 (1) Labeling. Labeling requirements and restrictions speci�c to aerial application of pesticides including: (i) Spray volumes. (ii) Buffers and no-spray zones. (iii) Weather conditions speci�c to wind and inversions. (iv) Labeling-mandated recordkeeping requirements for aerial pesticide applications including application conditions if applicable. (2) Application equipment. Understand how to choose and maintain aerial application equipment, including all of the following: (i) The importance of inspecting application equipment to ensure it is in proper operating condition prior to beginning an application. (ii) Selecting proper nozzles to ensure appropriate pesticide dispersal and to minimize drift. (iii) Knowledge of the components of an aerial pesticide application system, including pesticide hoppers, tanks, pumps, and types of nozzles. (iv) Interpreting a nozzle �ow rate chart. (v) Determining the number of nozzles for intended pesticide output using nozzle �ow rate chart, aircraft speed, and swath width. (vi) How to ensure nozzles are placed to compensate for uneven dispersal due to uneven air�ow from wingtip vortices, helicopter rotor turbulence, and aircraft propeller turbulence. (vii) Where to place nozzles to produce the appropriate droplet size. (viii) How to maintain the application system in good repair, including pressure gauge accuracy, �lter cleaning according to schedule, and checking nozzles for excessive wear. (ix) How to calculate required and actual �ow rates. (x) How to verify �ow rate using �xed timing, open timing, known distance, or a �ow meter. (xi) When to adjust and calibrate application equipment. (3) Application considerations. The applicator must demonstrate knowledge of factors to consider before and during application, including all of the following: (i) Weather conditions that could impact application by affecting aircraft engine power, take-off distance, and climb rate, or by promoting spray droplet evaporation. (ii) How to determine wind velocity, direction, and air density at the application site. (iii) The potential impact of thermals and temperature inversions on aerial pesticide application. (4) Minimizing drift. The applicator must demonstrate knowledge of methods to minimize off-target pesticide movement, including all of the following: 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 29/55 (i) How to determine drift potential of a product using a smoke generator. (ii) How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and concentration. (iii) Selecting techniques that minimize pesticide movement out of the area to be treated. (iv) Documenting special equipment con�gurations or �ight patterns used to reduce off-target pesticide drift. (5) Performing aerial application. The applicator must demonstrate competency in performing an aerial pesticide application, including all of the following: (i) Selecting a �ight altitude that minimizes streaking and off-target pesticide drift. (ii) Choosing a �ight pattern that ensures applicator and bystander safety and proper application. (iii) The importance of engaging and disengaging spray precisely when entering and exiting a predetermined swath pattern. (iv) Tools available to mark swaths, such as global positioning systems and �ags. (g) Private applicator minimum age. A private applicator must be at least 18 years old. (h) Private applicator competency. The competency of each candidate for private applicator certi�cation must be established by the certifying authority based upon the certi�cation standards set forth in paragraphs (a) through (g) of this section in order to assure that private applicators have the competency to use and supervise the use of restricted use pesticides in accordance with applicable State, Tribal, and Federal laws and regulations. The certifying authority must use either a written examination process as described in paragraph (h)(1) of this section or a non-examination training process as described in paragraph (h)(2) of this section to assure the competency of private applicators in regard to the general certi�cation standards applicable to all private applicators outlined in paragraph (a) of this section, and, if applicable, the speci�c standards for the each of the categories outlined in paragraphs (b) through (f) of this section in which a private applicator is to be certi�ed. (1) Determination of competency by examination. If the certifying authority uses an examination process to determine the competency of private applicators, the examination process must meet all of the requirements of § 171.103(a)(2). (2) Training for competency without examination. Any candidate for certi�cation as a private applicator may complete a training program approved by the certifying authority to establish competency. A training program to establish private applicator competency must conform to all of the following criteria: (i) Identi�cation. Each person seeking certi�cation must present a valid, government-issued photo identi�cation, or other form of similarly reliable identi�cation authorized by the certifying authority, to the certifying authority or designated representative as proof of identity and age at the time of the training program to be eligible for certi�cation. (ii) Training programs for private applicator general certi�cation and category certi�cation. https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(a) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(g) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(h)(1) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(h)(2) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(a) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(b) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(f) https://www.ecfr.gov/current/title-40/section-171.103#p-171.103(a)(2) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 30/55 § 171.107 Standards for recerti�ication of certi�ied applicators. (A) The training program for general private applicator certi�cation must cover the competency standards outlined in paragraph (a) of this section in su�cient detail to allow the private applicator to demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides. (B) The training program for each relevant category for private applicator certi�cation must cover the competency standards outlined in paragraphs (b) through (f) of this section in su�cient detail to allow the private applicator to demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides for each category in which he or she intends to apply restricted use pesticides, and must be in addition to the training program required for general private applicator certi�cation. (i) Exceptions. The requirements in § 171.105(a)-(h) of this part do not apply to the following persons: (1) Persons conducting laboratory research involving restricted use pesticides. (2) Doctors of Medicine and Doctors of Veterinary Medicine applying restricted use pesticides to patients during the course of the ordinary practice of those professions. (a) Maintenance of continued competency. Each commercial and private applicator certi�cation shall expire �ve years after issuance, unless the applicator is recerti�ed in accordance with this section. A certifying authority may establish a shorter certi�cation period. In order for a certi�ed applicator's certi�cation to continue without interruption, the certi�ed applicator must be recerti�ed under this section before the expiration of his or her current certi�cation. (b) Process for recerti�cation. Minimum standards for recerti�cation by written examination, or through continuing education programs, are as follows: (1) Written examination. A certi�ed applicator may be found eligible for recerti�cation upon passing a written examination approved by the certifying authority and that is designed to evaluate whether the certi�ed applicator demonstrates the level of competency required by § 171.103 for commercial applicators or § 171.105 for private applicators. The examination shall conform to the applicable standards for examinations set forth in § 171.103(a)(2) of this part. (2) Continuing education programs. A certi�ed applicator may be found eligible for recerti�cation upon successfully completing a continuing education program pursuant to the certifying authority's EPA-approved certi�cation plan. (i) The quantity, content, and quality of a continuing education program to maintain applicator certi�cation must be su�cient to ensure the applicator continues to demonstrate the level of competency required by § 171.103 for commercial applicators or § 171.105 for private applicators. (ii) Any continuing education course or event relied upon for applicator recerti�cation must be approved by the certifying authority as being suitable for its purpose in the certifying authority's recerti�cation process. https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(a) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(b) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(f) https://www.ecfr.gov/current/title-40/part-171/section-171.105#p-171.105(a) https://www.ecfr.gov/current/title-40/section-171.103 https://www.ecfr.gov/current/title-40/section-171.105 https://www.ecfr.gov/current/title-40/part-171/section-171.103#p-171.103(a)(2) https://www.ecfr.gov/current/title-40/section-171.103 https://www.ecfr.gov/current/title-40/section-171.105 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 31/55 Subpart C - Supervision of Noncerti�ied Applicators Source: 82 FR 1040, Jan. 4, 2018, unless otherwise noted. § 171.201 Requirements for direct supervision of noncerti�ied applicators by certi�ied applicators. (iii) A certifying authority must ensure that any continuing education course or event, including an online or other distance education course or event, relied upon for applicator recerti�cation includes a process to verify the applicator's successful completion of the course or event. (a) Applicability. This section applies to any certi�ed applicator who allows or relies on a noncerti�ed applicator to use a restricted use pesticide under the certi�ed applicator's direct supervision. (b) General requirements. (1) Requirements for the certi�ed applicator. (i) The certi�ed applicator must have a practical knowledge of applicable Federal, State and Tribal supervisory requirements, including any requirements on the product label and labeling, regarding the use of restricted use pesticides by noncerti�ed applicators. (ii) The certi�ed applicator must be certi�ed in each category as set forth in §§ 171.101 and 171.105(a) through (f) applicable to the supervised pesticide use. (2) Requirements for the noncerti�ed applicator. The certi�ed applicator must ensure that each noncerti�ed applicator using a restricted use pesticide under his or her direct supervision meets all of the following requirements before using a restricted use pesticide: (i) The noncerti�ed applicator has satis�ed the quali�cation requirements under paragraph (c) of this section. (ii) The noncerti�ed applicator has been instructed within the last 12 months in the safe operation of any equipment he or she will use for mixing, loading, transferring, or applying pesticides. (iii) The noncerti�ed applicator has met the minimum age required to use restricted use pesticides under the supervision of a certi�ed applicator. A noncerti�ed applicator must be at least 18 years old, except that a noncerti�ed applicator must be at least 16 years old if all of the following requirements are met: (A) The noncerti�ed applicator is using the restricted use pesticide under the direct supervision of a private applicator who is an immediate family member. (B) The restricted use pesticide is not a fumigant, sodium cyanide, or sodium �uoroacetate. (C) The noncerti�ed applicator is not applying the restricted use pesticide aerially. https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(a) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(f) https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(c) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 32/55 (3) Use-speci�c conditions that must be met in order for a noncerti�ed applicator to use a restricted use pesticide. The certi�ed applicator must ensure that all of the following requirements are met before allowing a noncerti�ed applicator to use a restricted use pesticide under his or her direct supervision: (i) The certi�ed applicator must ensure that the noncerti�ed applicator has access to the applicable product labeling at all times during its use. (ii) Where the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, the certi�ed applicator must ensure that any noncerti�ed applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment is worn and used correctly for its intended purpose. (iii) The certi�ed applicator must provide to each noncerti�ed applicator before use of a restricted use pesticide instructions speci�c to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the speci�c use and site, and how the characteristics of the use site (e.g., surface and ground water, endangered species, local population) and the conditions of application (e.g., equipment, method of application, formulation) might increase or decrease the risk of adverse effects. The certi�ed applicator must provide this information in a manner that the noncerti�ed applicator can understand. (iv) The certi�ed applicator must ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the noncerti�ed applicator, other persons, or the environment. (v) The certi�ed applicator must ensure that a means to immediately communicate with the certi�ed applicator is available to each noncerti�ed applicator using restricted use pesticides under his or her direct supervision. (vi) The certi�ed applicator must be physically present at the site of the use being supervised when required by the product labeling. (vii) If the certi�ed applicator is a commercial applicator, the certi�ed applicator must create or verify the existence of the records required by paragraph (e) of this section. (c) Noncerti�ed applicator quali�cations. Before any noncerti�ed applicator uses a restricted use pesticide under the direct supervision of the certi�ed applicator, the supervising certi�ed applicator must ensure that the noncerti�ed applicator has met at least one of the following quali�cations: (1) The noncerti�ed applicator has been trained in accordance with paragraph (d) of this section within the last 12 months. (2) The noncerti�ed applicator has met the training requirements for an agricultural handler under 40 CFR 170.501 of this title within the last 12 months. (3) The noncerti�ed applicator has met the requirements established by a certifying authority that meet or exceed the standards in § 171.201(c)(1). https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(e) https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(d) https://www.ecfr.gov/current/title-40/section-170.501 https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(c)(1) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 33/55 (4) The noncerti�ed applicator is currently a certi�ed applicator but is not certi�ed to perform the type of application being conducted or is not certi�ed in the jurisdiction where the use will take place. (d) Noncerti�ed applicator training program. (1) General noncerti�ed applicator training must be presented to noncerti�ed applicators either orally from written materials or audiovisually. The information must be presented in a manner that the noncerti�ed applicators can understand, such as through a translator. The person conducting the training must be present during the entire training program and must respond to the noncerti�ed applicators' questions. (2) The person who conducts the training must meet one of the following criteria: (i) Be currently certi�ed as an applicator of restricted use pesticides under this part. (ii) Be currently designated as a trainer of certi�ed applicators or pesticide handlers by EPA, the certifying authority, or a State, Tribal, or Federal agency having jurisdiction. (iii) Have completed an EPA-approved pesticide safety train-the-trainer program for trainers of handlers under 40 CFR part 170. (3) The noncerti�ed applicator training materials must include the information that noncerti�ed applicators need in order to protect themselves, other people, and the environment before, during, and after making a restricted use pesticide application. The noncerti�ed applicator training materials must include, at a minimum, the following: (i) Potential hazards from toxicity and exposure that pesticides present to noncerti�ed applicators and their families, including acute and chronic effects, delayed effects, and sensitization. (ii) Routes through which pesticides can enter the body. (iii) Signs and symptoms of common types of pesticide poisoning. (iv) Emergency �rst aid for pesticide injuries or poisonings. (v) Routine and emergency decontamination procedures, including emergency eye �ushing techniques. Noncerti�ed applicators must be instructed that if pesticides are spilled or sprayed on the body, to immediately wash or to rinse off in the nearest clean water. Noncerti�ed applicators must also be instructed to wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible. (vi) How and when to obtain emergency medical care. (vii) After working with pesticides, wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet. (viii) Wash or shower with soap and water, shampoo hair and change into clean clothes as soon as possible after working with pesticides. (ix) Potential hazards from pesticide residues on clothing. (x) Wash work clothes before wearing them again and wash them separately from other clothes. https://www.ecfr.gov/current/title-40/part-170 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 34/55 (xi) Do not take pesticides or pesticide containers used at work to your home. (xii) Potential hazards to children and pregnant women from pesticide exposure. (xiii) After working with pesticides, remove work boots or shoes before entering your home, and remove work clothes and wash or shower before physical contact with children or family members. (xiv) How to report suspected pesticide use violations to the appropriate State or Tribal agency responsible for pesticide enforcement. (xv) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide, including the location and meaning of the restricted use product statement, how to identify when the labeling requires the certi�ed applicator to be physically present during the use of the pesticide, and information on personal protective equipment. (xvi) Need for, and appropriate use and removal of, personal protective equipment. (xvii) How to recognize, prevent, and provide �rst aid treatment for heat-related illness. (xviii) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup. (xix) Environmental concerns such as drift, runoff, and wildlife hazards. (xx) Restricted use pesticides may be used only by a certi�ed applicator or by a noncerti�ed applicator working under the direct supervision of a certi�ed applicator. (xxi) The certi�ed applicator's responsibility to provide to each noncerti�ed applicator instructions speci�c to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the speci�c use and site, and how the characteristics of the use site (e.g., surface and ground water, endangered species, local population, and risks) and the conditions of application (e.g., equipment, method of application, formulation, and risks) might increase or decrease the risk of adverse effects. The certi�ed applicator must provide these instructions in a manner the noncerti�ed applicator can understand. (xxii) The certi�ed applicator's responsibility to ensure that each noncerti�ed applicator has access to the applicable product labeling at all times during its use. (xxiii) The certi�ed applicator's responsibility to ensure that where the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, each noncerti�ed applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment is worn and use correctly for its intended purpose. (xxiv) The certi�ed applicator's responsibility to ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the noncerti�ed applicator, other persons, or the environment. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 35/55 (xxv) The certi�ed applicator's responsibility to ensure that a means to immediately communicate with the certi�ed applicator is available to each noncerti�ed applicator using restricted use pesticides under his or her direct supervision. (e) Recordkeeping. (1) Commercial applicators must create or verify the existence of records documenting that each noncerti�ed applicator has the quali�cations required in paragraph (c) of this section. For each noncerti�ed applicator, the records must contain the information appropriate to the method of quali�cation as provided in paragraphs (e) (1)(i) through (e)(1)(iv). (i) If the noncerti�ed applicator was trained in accordance with paragraph (c)(1) of this section, the record must contain all of the following information: (A) The noncerti�ed applicator's printed name and signature. (B) The date the training requirement in paragraph (c) of this section was met. (C) The name of the person who provided the training. (D) The title or a description of the training provided. (ii) If the noncerti�ed applicator was trained as an agricultural handler under 40 CFR 170.501 in accordance with paragraph (c)(2) of this section, the record must contain all of the information required at 40 CFR 170.501(d)(1). (iii) If the noncerti�ed applicator quali�ed by satisfying the requirements established by the certifying authority, as described in paragraph (c)(3) of this section, the record must contain the information required by the certifying authority. (iv) If the noncerti�ed applicator is a certi�ed applicator who is not certi�ed to perform the type of application being conducted or not certi�ed in the jurisdiction where the use will take place, as described in paragraph (c)(4) of this section, the record must include all of the following information: (A) The noncerti�ed applicator's name. (B) The noncerti�ed applicator's certi�cation number. (C) The expiration date of the noncerti�ed applicator's certi�cation. (D) The certifying authority that issued the certi�cation. (2) The commercial applicator must create or verify the existence of the record containing the information in paragraph (e)(1) of this section before allowing the noncerti�ed applicator to use restricted use pesticides under his or her direct supervision. (3) The commercial applicator supervising any noncerti�ed applicator must have access to records documenting the information required in paragraph (e)(1) of this section at the commercial applicator's principal place of business for two years from the date the noncerti�ed applicator used the restricted use pesticide. (f) Exceptions. The requirements in § 171.201(a) through (e) of this part do not apply to the following persons: (1) Persons conducting laboratory research involving restricted use pesticides. https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(c) https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(c)(1) https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(c) https://www.ecfr.gov/current/title-40/section-170.501 https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(c)(2) https://www.ecfr.gov/current/title-40/section-170.501#p-170.501(d)(1) https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(c)(3) https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(c)(4) https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(e)(1) https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(e)(1) https://www.ecfr.gov/current/title-40/part-171/section-171.201#p-171.201(a) https://www.ecfr.gov/current/title-40/part-171/section-171.201#p-171.201(e) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 36/55 Subpart D - Certi�ication Plans Source: 82 FR 1042, Jan. 4, 2017, unless otherwise noted. § 171.301 General. § 171.303 Requirements for State certi�ication plans. (2) Doctors of Medicine and Doctors of Veterinary Medicine applying restricted use pesticides to patients during the course of the ordinary practice of those professions. (a) Jurisdiction. A certi�cation issued under a particular certifying authority's certi�cation plan is only valid within the geographical area speci�ed in the certi�cation plan approved by the Agency. (a) Conformance with Federal standards for certi�cation of applicators of restricted use pesticides. A State may certify applicators of restricted use pesticides only in accordance with a State certi�cation plan approved by the Agency. The State certi�cation plan must meet all of the following requirements: (1) The State certi�cation plan must include a full description of the proposed process the State will use to assess applicator competency to use or supervise the use of restricted use pesticides in the State. (2) The State certi�cation plan must specify which of the certi�cation categories listed in § 171.101 will be included in the plan. (i) A State certi�cation plan may omit any unneeded certi�cation categories. (ii) A State certi�cation plan may designate subcategories within the categories described in §§ 171.101 and 171.105(b) through (f) as it deems necessary. (iii) A State certi�cation plan may include additional certi�cation categories not covered by the existing Federal categories described in §§ 171.101 and 171.105(b)-(f). (iv) A State certi�cation plan may combine the categories described in § 171.101(m) through (n) into a single general fumigation category for commercial applicators. (v) A State certi�cation plan may combine the categories described in § 171.105(d) through (e) into a single general fumigation category for private applicators. (3) For each of the categories adopted pursuant to paragraph (b)(1) of this section, the State certi�cation plan must include standards for the certi�cation of applicators of restricted use pesticides that meet or exceed those standards prescribed by the Agency under §§ 171.101 through 171.105, except as provided in paragraph (a)(4) of this section. (4) A State may adopt a limited use category for commercial applicators. A limited use category covers a small number of commercial applicators engaged in a use that does not clearly �t within any of the commercial applicator categories speci�ed https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(b) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(f) https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.105(b)-(f) https://www.ecfr.gov/current/title-40/section-171.101#p-171.101(m) https://www.ecfr.gov/current/title-40/section-171.101#p-171.101(n) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(d) https://www.ecfr.gov/current/title-40/section-171.105#p-171.105(e) https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(b)(1) https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.105 https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(a)(4) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 37/55 pursuant to paragraph (b)(2) of this section, and allows only the use of a limited set of restricted use pesticides by speci�c application methods. A State adopting a limited use category must include all of the following in its certi�cation plan: (i) A de�nition of the limited use category, specifying the restricted use pesticide(s), use sites, and speci�c application methods permitted. (ii) An explanation of why it is not practical to include the limited use within any of the commercial applicator categories speci�ed pursuant to paragraph (b)(2) of this section. (iii) A requirement that candidates for certi�cation in a limited use category pass the written examination covering the core standards at § 171.103(c) and demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticide(s) covered by the limited use category. (iv) Speci�c competency standards for the limited use category. (v) The process by which applicators must demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of the restricted use pesticides authorized under the limited use category based on the competency standards identi�ed in paragraph (a)(4)(iv) of this section. This does not have to be accomplished by a written examination. (vi) A description of the recerti�cation standards for the limited use category and how those standards meet or exceed the standards prescribed by the Agency under § 171.107. (vii) A description of the limited use certi�cation credential. The credential must clearly state that the applicator is only authorized to purchase and use the speci�c restricted use pesticide(s) identi�ed in that credential. (5) The State certi�cation plan must include standards for certi�cation examinations that meet or exceed the standards prescribed by the Agency under § 171.103(a)(2), including a description of any alternative identi�cation that a State will authorize in addition to a valid, government-issued photo identi�cation. (6) The State certi�cation plan must include standards for the recerti�cation of applicators of restricted use pesticides that meet or exceed those standards prescribed by the Agency under § 171.107. (7) The State certi�cation plan must include standards for the direct supervision of noncerti�ed applicators by certi�ed private and commercial applicators of restricted use pesticides that meet or exceed those standards prescribed by the Agency under § 171.201, or must state that use by noncerti�ed applicators is not permitted. (8) The State certi�cation plan must describe the credentials or documents the State certifying authority will issue to each certi�ed applicator verifying certi�cation. (9) A State may waive any or all of the procedures speci�ed in § 171.103, § 171.105, and § 171.107 of this part when certifying applicators in reliance on valid current certi�cations issued by another State, Tribal, or Federal agency under an EPA approved certi�cation plan. The State certi�cation plan must explain whether, and if so, under what circumstances, the State will certify applicators based in whole or in part on their holding a valid current certi�cation issued by another State, Tribe or Federal agency. Such certi�cations are subject to all of the following conditions: https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(b)(2) https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(b)(2) https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(a)(4)(iv) https://www.ecfr.gov/current/title-40/section-171.107 https://www.ecfr.gov/current/title-40/section-171.107 https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.105 https://www.ecfr.gov/current/title-40/part-171/section-171.107 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 38/55 (i) A State may rely only on valid current certi�cations that are issued under an approved State, Tribal or Federal agency certi�cation plan. (ii) The State has examined the standards of competency used by the State, Tribe, or Federal agency that originally certi�ed the applicator and has determined that, for each category of certi�cation that will be accepted, they are comparable to its own standards. (iii) Any State that chooses to certify applicators based, in whole or in part, on the applicator having been certi�ed by another State, Tribe, or Federal agency, must include in its plan a mechanism that allows the State to terminate an applicator's certi�cation upon noti�cation that the applicator's original certi�cation terminates because the certi�cate holder has been convicted under section 14(b) of FIFRA or has been subject to a �nal order imposing a civil penalty under section 14(a) of FIFRA. (iv) The State issuing a certi�cation based in whole or in part on the applicator holding a valid current certi�cation issued by another State, Tribe or Federal agency must issue an appropriate State credential or document to the applicator. (b) Contents of an application for EPA approval of a State plan for certi�cation of applicators of restricted use pesticides. (1) The application for Agency approval of a State certi�cation plan must list and describe the categories of certi�cation. (2) The application for Agency approval of a State certi�cation plan must contain satisfactory documentation that the State standards for the certi�cation of commercial applicators meet or exceed those standards prescribed by the Agency under §§ 171.101 and 171.103. Such documentation must include one of the following: (i) A statement that the State has adopted the same standards for certi�cation of commercial applicators prescribed by the Agency under §§ 171.101 and 171.103 and a citation of the speci�c State laws and/or regulations demonstrating that the State has adopted such standards. (ii) A statement that the State has adopted its own standards that meet or exceed the standards for certi�cation of commercial applicators prescribed by the Agency under §§ 171.101 and 171.103. If the State selects this option, the application for Agency approval of a State certi�cation plan must include all of the following: (A) A list and detailed description of all the categories and subcategories to be used for certi�cation of commercial applicators in the State and a citation to the speci�c State laws and/or regulations demonstrating that the State has adopted such categories and subcategories. (B) A list and detailed description of all of the standards for certi�cation of commercial applicators adopted by the State and a citation to the speci�c State laws and/or regulations demonstrating that the State has adopted such standards. Any additional categories or subcategories established by a State must be included in the application for Agency approval of a State plan and must clearly describe the standards the State will use to determine if the applicator has the necessary competency. https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.103 https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.103 https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.103 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 39/55 (C) A description of the State's commercial applicator certi�cation examination standards and an explanation of how they meet or exceed the standards prescribed by the Agency under § 171.103(a)(2). (3) The application for Agency approval of a State certi�cation plan must contain satisfactory documentation that the State standards for the certi�cation of private applicators meet or exceed those standards prescribed by the Agency under § 171.105. Such documentation must include a statement that the State has adopted its own standards that meet or exceed the standards for certi�cation of private applicators of restricted use pesticides prescribed by the Agency under § 171.105. The application for Agency approval of a State certi�cation plan must include all of the following: (i) A list and detailed description of all the categories and subcategories to be used for certi�cation of private applicators in the State and a citation to the speci�c State laws and/or regulations demonstrating that the State has adopted such categories and subcategories. (ii) A list and detailed description of all of the standards for certi�cation of private applicators adopted by the State and a citation to the speci�c State laws and/or regulations demonstrating that the State has adopted such standards. Any additional categories or subcategories established by a State must be identi�ed in the application for Agency approval of a State plan and the application must clearly describe the standards the State will use to determine if the applicator has the necessary competency. (iii) If private applicator certi�cation is based upon written examination, a description of the State's private applicator certi�cation examination standards and an explanation of how those meet or exceed the standards prescribed by the Agency under § 171.103(a)(2). (iv) If private applicator certi�cation is based upon training, an explanation of how the quantity, content, and quality of the State's training program ensure that a private applicator demonstrates the level of competency required § 171.105 for private applicators, addressing, at the minimum, all of the following factors: (A) The quantity of training required to become certi�ed as a private applicator. (B) The content that is covered by the training and how the State ensures that required content is covered. (C) The process the State uses to approve training programs for private applicator certi�cation. (D) How the State ensures the ongoing quality of the training program for private applicator certi�cation. (4) The application for Agency approval of a State certi�cation plan must contain satisfactory documentation that the State standards for the recerti�cation of applicators of restricted use pesticides meet or exceed those standards prescribed by the Agency under § 171.107. Such documentation must include a statement that the State has adopted its own standards that meet or exceed the standards for recerti�cation prescribed by the Agency under § 171.107. The application for Agency approval of a State certi�cation plan must include all of the following: https://www.ecfr.gov/current/title-40/section-171.105 https://www.ecfr.gov/current/title-40/section-171.105 https://www.ecfr.gov/current/title-40/section-171.105 https://www.ecfr.gov/current/title-40/section-171.107 https://www.ecfr.gov/current/title-40/section-171.107 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 40/55 (i) A list and detailed description of all of the State standards for recerti�cation of private and commercial applicators, including the elements described in § 171.303(b)(4)(ii) through (iv), and a citation of the speci�c State laws and/or regulations demonstrating that the State has adopted such standards. (ii) The certi�cation period, which may not exceed �ve years. (iii) If recerti�cation is based upon written examination, a description of the State's process for reviewing, and updating as necessary, the written examination(s) to ensure that the written examination(s) evaluates whether a certi�ed applicator demonstrates the level of competency required by § 171.103 for commercial applicators or § 171.105 for private applicators. (iv) If recerti�cation is based upon continuing education, an explanation of how the quantity, content, and quality of the State's continuing education program ensures that a certi�ed applicator continues to demonstrate the level of competency required by § 171.103 for commercial applicators or § 171.105 for private applicators, including but not limited to: (A) The quantity of continuing education required to maintain certi�cation. (B) The content that is covered by the continuing education program and how the State ensures the required content is covered. (C) The process the State uses to approve continuing education courses or events, including information about how the State ensures that any continuing education courses or events verify the applicator's successful completion of the course or event. (D) How the State ensures the ongoing quality of the continuing education program. (5) The application for Agency approval of a State certi�cation plan must contain satisfactory documentation that the State standards for the direct supervision of noncerti�ed applicators by certi�ed private and commercial applicators of restricted use pesticides meet or exceed those standards prescribed by the Agency under § 171.201. Such documentation may include one or more of the following as applicable: (i) A statement that the State has adopted the standards for direct supervision of noncerti�ed applicators by certi�ed private and/or commercial applicators prescribed by the Agency under § 171.201 and a citation of the speci�c State laws and/or regulations demonstrating that the State has adopted such standards. (ii) A statement that the State prohibits noncerti�ed applicators from using restricted use pesticides under the direct supervision of certi�ed private and/or commercial applicators, and a citation of the speci�c State laws and/or regulations demonstrating that the State has adopted such a prohibition. (iii) A statement that the State has adopted standards for direct supervision of noncerti�ed applicators by certi�ed private and/or commercial applicators that meet or exceed the standards prescribed by the Agency under § 171.201, a citation of the speci�c State laws and/or regulations demonstrating that the State has adopted such standards, and an explanation of how the State standards meet or exceed the standards prescribed by the Agency under § 171.201. https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(b)(4)(ii) https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(b)(4)(iv) https://www.ecfr.gov/current/title-40/section-171.105 https://www.ecfr.gov/current/title-40/section-171.105 https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.201 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 41/55 (6) The application for Agency approval of a State certi�cation plan must include all of the following: (i) A written statement by the Governor of the State designating a lead agency responsible for administering the State certi�cation plan. The lead agency will serve as the central contact point for the Agency. The State certi�cation plan must identify the primary point of contact at the lead agency responsible for administering the State certi�cation plan and serving as the central contact for the Agency on any issues related to the State certi�cation plan. In the event that more than one agency or organization will be responsible for performing functions under the State certi�cation plan, the application for Agency approval of a State plan must identify all such agencies and organizations and list the functions to be performed by each, including compliance monitoring and enforcement responsibilities. The application for Agency approval of a State plan must indicate how these functions will be coordinated by the lead agency to ensure consistency of the administration of the State certi�cation plan. (ii) A written opinion from the State attorney general or from the legal counsel of the State lead agency that states that the lead agency and other cooperating agencies have the legal authority necessary to carry out the State certi�cation plan. (iii) A listing of the quali�ed personnel that the lead agency and any cooperating agencies or organizations have to carry out the State certi�cation plan. The list must include the number of staff, job titles, and job functions of such personnel of the lead agency and any cooperating organizations. (iv) A commitment by the State that the lead agency and any cooperators will ensure su�cient resources are available to carry out the applicator certi�cation program as detailed in the State certi�cation plan. (v) A document outlining the State's proposed approach and anticipated timeframe for implementing the State certi�cation plan after EPA approves the State certi�cation plan. (7) The application for Agency approval of a State certi�cation plan must include a complete copy of all State laws and regulations relevant to the State certi�cation plan. In addition, the application for Agency approval of a State plan must include citations to the speci�c State laws and regulations that demonstrate speci�c legal authority for each of the following: (i) Provisions for and listing of the acts which would constitute grounds for denying, suspending, and revoking certi�cation of applicators. Such grounds must include, at a minimum, misuse of a pesticide, falsi�cation of any records required to be maintained by the certi�ed applicator, a criminal conviction under section 14(b) of FIFRA, a �nal order imposing civil penalty under section 14(a) of FIFRA, and conclusion of a State enforcement action for violations of State laws or regulations relevant to the State certi�cation plan. (ii) Provisions for reviewing, and where appropriate, suspending or revoking an applicator's certi�cation based on any of the grounds listed in the plan pursuant to paragraph (b)(7)(i) of this section, or a criminal conviction under section 14(b) of FIFRA, a �nal order imposing civil penalty under section 14(a) of FIFRA, or conclusion of a State enforcement action for violations of State laws or regulations relevant to the State certi�cation plan. https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(b)(7)(i) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 42/55 (iii) Provisions for assessing criminal and civil penalties for violations of State laws or regulations relevant to the State certi�cation plan. (iv) Provisions for right of entry by consent or warrant by State o�cials at reasonable times for sampling, inspection, and observation purposes. (v) Provisions making it unlawful for persons other than certi�ed applicators or noncerti�ed applicators working under a certi�ed applicator's direct supervision to use restricted use pesticides. (vi) Provisions requiring certi�ed commercial applicators to record and maintain for the period of at least two years routine operational records containing information on types, amounts, uses, dates, and places of application of restricted use pesticides and for ensuring that such records will be available to appropriate State o�cials. Such provisions must require commercial applicators to record and maintain, at a minimum, all of the following: (A) The name and address of the person for whom the restricted use pesticide was applied. (B) The location of the restricted use pesticide application. (C) The size of the area treated. (D) The crop, commodity, stored product, or site to which the restricted use pesticide was applied. (E) The time and date of the restricted use pesticide application. (F) The brand or product name of the restricted use pesticide applied. (G) The EPA registration number of the restricted use pesticide applied. (H) The total amount of the restricted use pesticide applied per location per application. (I) The name and certi�cation number of the certi�ed applicator that made or supervised the application, and, if applicable, the name of any noncerti�ed applicator(s) that made the application under the direct supervision of the certi�ed applicator. (J) Records required under § 171.201(e). (vii) Provisions requiring restricted use pesticide retail dealers to record and maintain at each individual dealership, for the period of at least two years, records of each transaction where a restricted use pesticide is distributed or sold to any person, excluding transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail sellers, acting only in those capacities. Records of each such transaction must include all of the following information: (A) Name and address of the residence or principal place of business of each certi�ed applicator to whom the restricted use pesticide was distributed or sold, or if applicable, the name and address of the residence or principal place of business of each noncerti�ed person to whom the restricted use pesticide was distributed or sold for application by a certi�ed applicator. https://www.ecfr.gov/current/title-40/section-171.201#p-171.201(e) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 43/55 (B) The certi�cation number on the certi�cation document presented to the seller evidencing the valid certi�cation of the certi�ed applicator authorized to purchase the restricted use pesticide, the State, Tribe or Federal agency that issued the certi�cation document, the expiration date of the certi�ed applicator's certi�cation, and the category(ies) in which the applicator is certi�ed relevant to the pesticide(s) sold. (C) The product name and EPA registration number of the restricted use pesticide(s) distributed or sold in the transaction, including any applicable emergency exemption or State special local need registration number. (D) The quantity of the restricted use pesticide(s) distributed or sold in the transaction. (E) The date of the transaction. (c) Requirement to submit reports to the Agency. The State must agree to submit the following reports to the Agency in a manner and containing the information that the Agency requires: (1) An annual report to be submitted by the State lead agency to the Agency by the date established by the Agency that includes all of the following information: (i) The number of new general private applicator certi�cations and recerti�cations issued during the last 12 month reporting period, and total number of applicators holding a valid general private applicator certi�cation at the end of the last 12 month reporting period. (ii) For each private applicator category speci�ed in the certi�cation plan, the numbers of new certi�cations and recerti�cations issued during the last 12 month reporting period, and the total number holding valid certi�cations in each category at the end of the last 12 month reporting period. (iii) The numbers of new commercial applicator certi�cations and recerti�cations issued during the last 12 month reporting period, and the total number of applicators certi�ed in at least one commercial applicator certi�cation category at the end of the last 12 month reporting period. (iv) For each commercial applicator certi�cation category or subcategory speci�ed in the certi�cation plan, the numbers of new certi�cations and recerti�cations issued during the last 12 month reporting period, and the total number of commercial applicators holding a valid certi�cation in each category or subcategory at the end of the last 12 month reporting period. (v) A description of any modi�cations made to the approved certi�cation plan during the last 12 month reporting period that have not been previously evaluated by the Agency under § 171.309(a)(3). (vi) A description of any proposed changes to the certi�cation plan that the State anticipates making during the next reporting period that may affect the certi�cation program. (vii) A summary of enforcement activities related to the use of restricted use pesticides during the last 12 month reporting period. (2) Any other reports reasonably required by the Agency in its oversight of restricted use pesticides. https://www.ecfr.gov/current/title-40/section-171.309#p-171.309(a)(3) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 44/55 § 171.305 Requirements for Federal agency certi�ication plans. (a) A Federal agency may certify applicators of restricted use pesticides only in accordance with a Federal agency certi�cation plan approved by the Agency. Certi�cation must be limited to the employees of the Federal agency covered by the certi�cation plan and will be valid only for those uses of restricted use pesticides conducted in the performance of the employees' o�cial duties. (1) The Federal agency certi�cation plan must include a full description of the proposed process the Federal agency will use to assess applicator competency to use or supervise the use of restricted use pesticides. (2) Employees certi�ed by the Federal agency must meet the standards for commercial applicators. (3) The Federal agency certi�cation plan must list and describe the categories of certi�cation from the certi�cation categories listed in § 171.101 that will be included in the plan except that: (i) A Federal agency certi�cation plan may omit any unneeded certi�cation categories. (ii) A Federal agency certi�cation plan may designate subcategories within the categories described in § 171.101 as it deems necessary. (iii) A Federal agency certi�cation plan may include additional certi�cation categories not covered by the existing Federal categories described in § 171.101. (iv) A Federal agency certi�cation plan may combine the categories described in § 171.101(m) through (n) into a single general fumigation category for commercial applicators. (4) For each of the categories adopted pursuant to paragraph (b)(1) of this section, the Federal agency plan must include standards for the certi�cation of applicators of restricted use pesticides that meet or exceed those standards prescribed by the Agency under §§ 171.101 through 171.103, except as provided at paragraph (a)(5) of this section. (5) A Federal agency may adopt a limited use category for commercial applicators. A limited use category covers a small number of applicators engaged in a use that does not clearly �t within any of the categories in § 171.101, and allows only the use of a limited set of restricted use pesticides by speci�c application methods. A Federal agency adopting a limited use category must include all of the following in its certi�cation plan: (i) A de�nition of the limited use category, specifying the restricted use pesticide(s), use sites, and speci�c application methods permitted. (ii) An explanation of why it is not practical to include the limited use category in any of the categories in § 171.101. (iii) A requirement that candidates for certi�cation in a limited use category pass the written examination covering the core standards at § 171.103(c) and demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticide(s) covered by the limited use category. https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.101#p-171.101(m) https://www.ecfr.gov/current/title-40/section-171.101#p-171.101(n) https://www.ecfr.gov/current/title-40/section-171.305#p-171.305(b)(1) https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.103 https://www.ecfr.gov/current/title-40/section-171.305#p-171.305(a)(5) https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.101 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 45/55 (iv) Speci�c competency standards for the limited use category. (v) The process by which applicators must demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides covered by the limited use category based on the competency standards identi�ed in paragraph (a)(5)(iv) of this section. This does not have to be accomplished by a written examination. (vi) A description of the recerti�cation standards for the limited use category and how those standards meet or exceed the standards prescribed by the Agency under § 171.107. (vii) A description of the limited use certi�cation credential. The credential must clearly state that the applicator is only authorized to purchase and use the speci�c restricted use pesticide(s) identi�ed in that credential. (6) The Federal agency standards for certi�cation examinations must meet or exceed the standards prescribed by the Agency under § 171.103(a)(2), including a description of any alternative identi�cation that the Federal agency will authorize in addition to a valid, government-issued photo identi�cation. (7) The Federal agency standards for the recerti�cation of applicators of restricted use pesticides must meet or exceed those standards prescribed by the Agency under § 171.107. (8) The Federal agency standards for the direct supervision of noncerti�ed applicators by certi�ed private and commercial applicators of restricted use pesticides must meet or exceed those standards prescribed by the Agency under § 171.201. (9) The Federal agency certi�cation plan must describe the credentials or documents the Federal agency will issue to each certi�ed applicator verifying certi�cation of applicators. (10) A Federal agency may waive any or all of the procedures speci�ed in § 171.103, § 171.105, and § 171.107 of this part when certifying applicators in reliance on valid current certi�cations issued by another State, Tribal, or Federal agency under an EPA-approved certi�cation plan. The Federal agency certi�cation plan must explain whether, and if so, under what circumstances, the Federal agency will certify applicators based in whole or in part on their holding a valid current certi�cation issued by another State, Tribe or Federal agency. Such certi�cations are subject to all of the conditions listed at § 171.303(a)(9). (b) Contents of an application for EPA approval of a Federal agency plan for certi�cation of applicators of restricted use pesticides. (1) The application for Agency approval of a Federal agency certi�cation plan must list and describe the categories of certi�cation. (2) The application for Agency approval of a Federal agency certi�cation plan must contain satisfactory documentation that the Federal agency standards for certi�cation of commercial applicators meet or exceed those standards prescribed by the Agency under §§ 171.101 and 171.103. Such a statement must include one of the following: (i) A statement that the Federal agency has adopted the same standards for certi�cation prescribed by the Agency under §§ 171.101 through 171.103. https://www.ecfr.gov/current/title-40/section-171.305#p-171.305(a)(5)(iv) https://www.ecfr.gov/current/title-40/section-171.107 https://www.ecfr.gov/current/title-40/section-171.107 https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.105 https://www.ecfr.gov/current/title-40/part-171/section-171.107 https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(a)(9) https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.103 https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.103 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 46/55 (ii) A statement that the Federal agency has adopted its own standards that meet or exceed the standards for certi�cation prescribed by the Agency under §§ 171.101 through 171.103. If the Federal agency selects this option, the application for Agency approval of a Federal agency certi�cation plan must include all of the following: (A) A list and detailed description of all the categories and subcategories to be used for certi�cation of commercial applicators. (B) A list and detailed description of all of the standards for certi�cation of commercial applicators adopted by the Federal agency. Any additional categories or subcategories established by a Federal agency must be included in the application for Agency approval of a Federal agency plan and must clearly describe the standards the Federal agency will use to determine if the applicator has the necessary competency. (C) A description of the Federal agency's certi�cation examination standards and an explanation of how those meet or exceed the standards prescribed by the Agency under § 171.103(a)(2). (3) The application for Agency approval of a Federal agency plan must contain satisfactory documentation that the Federal agency standards for recerti�cation of commercial applicators of restricted use pesticides meet or exceed the standards for recerti�cation prescribed by the Agency under § 171.107. Such documentation must include a statement that the Federal agency has adopted its own standards that meet or exceed the standards for recerti�cation prescribed by the Agency under § 171.107. The application for Agency approval of a Federal agency certi�cation plan must include all of the following: (i) A list and detailed description of all the standards for recerti�cation adopted by the Federal agency. (ii) The certi�cation period, which may not exceed �ve years. (iii) If recerti�cation is based upon written examination, a description of the Federal agency's process for reviewing, and updating as necessary, the written examination(s) and to ensure that the written examination(s) evaluate whether a commercial applicator demonstrates the level of competency required by § 171.103. (iv) If recerti�cation is based upon continuing education, an explanation of how the quantity, content and quality of the Federal agency's continuing education program ensure that a commercial applicator continues to demonstrate the level of competency required by § 171.103 for commercial applicators, including but not limited to, all of the following: (A) The quantity of continuing education required to maintain certi�cation. (B) The content that is covered by the continuing education program and how the Federal agency ensures the relevant content is covered. (C) The process the Federal agency uses to approve continuing education training courses or events, including information about how the Federal agency ensures that any continuing education courses or events verify the commercial applicator's successful completion of the course or event. (D) How the Federal agency ensures the ongoing quality of the continuing education program. https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.103 https://www.ecfr.gov/current/title-40/section-171.107 https://www.ecfr.gov/current/title-40/section-171.107 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 47/55 (4) The application for Agency approval of a Federal agency certi�cation plan must contain satisfactory documentation that the Federal agency standards for direct supervision of noncerti�ed applicators by commercial applicators meet or exceed those standards prescribed by the Agency under § 171.201. Such documentation may include one or more of the following as applicable: (i) A statement that the Federal agency has adopted the standards for direct supervision of noncerti�ed applicators by commercial applicators prescribed by the Agency under § 171.201. (ii) A statement that the Federal agency prohibits noncerti�ed applicators from using restricted use pesticides under the direct supervision of commercial applicators. (iii) A statement that the Federal agency has adopted standards for direct supervision of noncerti�ed applicators by commercial applicators that meet or exceed the standards prescribed by the Agency under § 171.201 and an explanation of how the Federal agency standards meet or exceed the standards prescribed by the Agency under § 171.201. (5) The application for Agency approval of a Federal agency certi�cation plan must meet or exceed all of the applicable requirements in § 171.303. However, in place of the legal authorities required in § 171.303(b)(7), the Federal agency may use administrative controls inherent in the employer-employee relationship to accomplish the objectives of § 171.303(b)(7). The application for Agency approval of a Federal agency certi�cation plan must include a detailed description of how the Federal agency will exercise its administrative authority, where appropriate to deny, suspend or revoke certi�cates of employees who misuse pesticides, falsify records, or violate relevant provisions of FIFRA. Similarly, the application for Agency approval of a Federal agency certi�cation plan must include a commitment that the Federal agency will record and maintain for the period of at least two years routine operational records containing information on types, amounts, uses, dates, and places of application of restricted use pesticides and that such records will be available to State and Federal o�cials. Such recordkeeping requirements must require Federal agency employees certi�ed as commercial applicators to record and maintain, at a minimum, all of the records speci�ed in § 171.303(b)(7)(vi). (c) The application for Agency approval of a Federal agency certi�cation plan must include a commitment by the Federal agency to submit an annual report to the Agency in a manner that the Agency requires that includes all of the following information: (1) The numbers of new, recerti�ed, and total commercial applicators certi�ed in at least one certi�cation category at the end of the last 12 month reporting period. (2) For each commercial applicator certi�cation category speci�ed in § 171.101 or subcategory speci�ed in the Federal agency certi�cation plan, the numbers of new, recerti�ed and total commercial applicators holding a valid certi�cation in each of those categories at the end of the last 12 month reporting period. (3) A description of any modi�cations made to the approved certi�cation plan during the last 12 month reporting period that have not been previously evaluated under § 171.309(a)(3). (4) A description of any proposed changes to the certi�cation plan that may affect the certi�cation program that the Federal agency anticipates making during the next reporting period. https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.303 https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(b)(7) https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(b)(7) https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(b)(7)(vi) https://www.ecfr.gov/current/title-40/section-171.101 https://www.ecfr.gov/current/title-40/section-171.309#p-171.309(a)(3) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 48/55 § 171.307 Certi�ication of applicators in Indian country. All applicators of restricted use pesticides in Indian country must hold a certi�cation valid in that area of Indian country, or be working under the direct supervision of a certi�ed applicator whose certi�cation is valid in that area of Indian country. An Indian Tribe may certify applicators of restricted use pesticides in Indian country only pursuant to a certi�cation plan approved by the Agency that meets the requirements of paragraph (a) or (b) of this section. The Agency may implement a Federal certi�cation plan, pursuant to paragraph (c) of this section and § 171.311, for an area of Indian country not covered by an approved plan. (5) A summary of enforcement activities related to use of restricted use pesticides by applicators certi�ed by the Federal agency during the last 12 month reporting period. (d) The application for Agency approval of a Federal agency certi�cation plan must include a commitment by the Federal agency to submit any other reports reasonably required by the Agency in its oversight of the use of restricted use pesticides. (e) If applicators certi�ed under the Federal agency plan will make any applications of restricted use pesticides in areas that are not subject to exclusive federal jurisdiction, the application for Agency approval of a Federal agency certi�cation plan must meet all of the following additional requirements: (1) The Federal agency plan must have a provision that a�rms Federal agency certi�ed applicators will comply with all applicable State and Tribal pesticide laws and regulations of the jurisdiction in which the restricted pesticide is being used when using restricted use pesticides areas that are not subject to exclusive federal jurisdiction, including any substantive State or Tribal standards in regard to quali�cations for commercial applicator certi�cation that exceed the Federal agency's standards. (2) The Federal agency plan must have a provision for the Federal agency to notify the appropriate EPA Regional o�ce and State or Tribal pesticide authority in the event of misuse or suspected misuse of a restricted use pesticide by a Federal agency employee and any pesticide exposure incident involving human or environmental harm that may have been caused by an application of a restricted use pesticide made by a Federal agency employee in an area not subject to exclusive federal jurisdiction. (3) The Federal agency plan must have a provision for the Federal agency to cooperate with the Agency and the State or Tribal pesticide authority in any investigation or enforcement action undertaken in connection with an application of a restricted use pesticide made by a Federal agency employee in an area not subject to exclusive federal jurisdiction. (a) An Indian Tribe may choose to allow persons holding currently valid certi�cations issued under one or more speci�ed State, Tribal, or Federal agency certi�cation plans to use restricted use pesticides within the Tribe's Indian country. (1) A certi�cation plan under paragraph (a) of this section must consist of a written agreement between the Tribe and the relevant EPA Region(s) that contains all of the following information: (i) A detailed map or legal description of the area(s) of Indian country covered by the plan. https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(a) https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(b) https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(c) https://www.ecfr.gov/current/title-40/section-171.311 https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(a) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 49/55 (ii) A listing of the State(s), Tribe(s) or Federal agency(ies) upon whose certi�cations the Tribe will rely. (iii) A description of any Tribal law, regulation, or code relating to application of restricted use pesticides in the covered area of Indian country, including a citation to each applicable Tribal law, regulation, or code. (iv) A description of the procedures and relevant authorities for carrying out compliance monitoring under and enforcement of the plan, including all of the following: (A) A description of the Agency and Tribal roles and procedures for conducting inspections. (B) A description of the Agency and Tribal roles and procedures for handling case development and enforcement actions and actions on certi�cations, including procedures for exchange of information. (C) A description of the Agency and Tribal roles and procedures for handling complaint referrals. (v) A description and copy of any separate agreements relevant to administering the certi�cation plan and carrying out related compliance monitoring and enforcement activities. The description shall include a listing of all parties involved in each separate agreement and the respective roles, responsibilities, and relevant authorities of those parties. (2) To the extent that an Indian Tribe is precluded from exercising criminal enforcement authority, the Federal government will exercise primary criminal enforcement authority in regard to a certi�cation plan under paragraph (a) of this section. The Tribe and the relevant EPA Region(s) shall develop a procedure whereby the Tribe will provide potential investigative leads to EPA and/or other appropriate Federal agencies in an appropriate and timely manner. This procedure shall encompass, at a minimum, all circumstances in which the Tribe is precluded from exercising relevant criminal enforcement authority. This procedure shall be included as part of the agreement between the Tribe and relevant EPA Region(s) described in paragraph (a) (1) of this section. (3) A plan for the certi�cation of applicators under paragraph (a) of this section shall not be effective until the agreement between the Tribe and the relevant EPA Region(s) has been signed by the Tribe and the appropriate EPA Regional Administrator(s). (b) An Indian Tribe may choose to develop its own certi�cation plan for certifying private and commercial applicators to use or supervise the use of restricted use pesticides. (1) A certi�cation plan under paragraph (b) of this section shall consist of a written plan submitted by the Tribe to the Agency for approval that includes all of the following information: (i) A detailed map or legal description of the area(s) of Indian country covered by the plan. (ii) A demonstration that the plan meets all requirements of § 171.303 applicable to State plans, except that the Tribe's plan will not be required to meet the requirements of § 171.303(b)(6)(iii) with respect to provisions for criminal penalties, or any other requirement for assessing criminal penalties. https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(a) https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(a)(1) https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(a) https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(b) https://www.ecfr.gov/current/title-40/section-171.303 https://www.ecfr.gov/current/title-40/section-171.303#p-171.303(b)(6)(iii) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 50/55 § 171.309 Modi�ication and withdrawal of approval of certi�ication plans. (2) To the extent that an Indian Tribe is precluded from exercising criminal enforcement authority, the Federal government will exercise primary criminal enforcement authority in regard to a certi�cation plan under paragraph (b) of this section. The Tribe and the relevant EPA Region(s) shall develop a procedure whereby the Tribe will provide potential investigative leads to EPA and/or other appropriate Federal agencies in an appropriate and timely manner. This procedure shall encompass, at a minimum, all circumstances in which the Tribe is precluded from exercising relevant criminal enforcement authority and shall be described in a memorandum of agreement signed by the Tribe and the relevant EPA Regional Administrator(s). (3) A plan for the certi�cation of applicators under paragraph (b) of this section shall not be effective until the memorandum of agreement required under paragraph (b)(2) of this section has been signed by the Tribe and the relevant EPA Region(s) and the plan has been approved by the Agency. (c) In any area of Indian country not covered by an approved certi�cation plan, the Agency may, in consultation with the Tribe(s) affected, implement an EPA-administered certi�cation plan under § 171.311 for certifying private and commercial applicators to use or supervise the use of restricted use pesticides. (1) Prior to publishing a notice of a proposed EPA-administered certi�cation plan for an area of Indian country in the FEDERAL REGISTER for review and comment under § 171.311(d)(3), the Agency shall notify the relevant Indian Tribe(s) of EPA's intent to propose the plan. (2) The Agency will not implement an EPA-administered certi�cation plan for any area of Indian country where, prior to the expiration of the notice and comment period provided under § 171.311(d)(3), the chairperson or equivalent elected leader of the relevant Tribe provides the Agency with a written statement of the Tribe's position that the plan should not be implemented. (a) Modi�cations to approved certi�cation plans. A State, Tribe, or Federal agency may make modi�cations to its approved certi�cation plan, provided that all of the following conditions are met: (1) Determination of plan compliance. Before modifying an approved certi�cation plan, the State, Tribe, or Federal agency must determine that the proposed modi�cations will not impair the certi�cation plan's compliance with the requirements of this part or any other Federal laws or regulations. (2) Requirement for Agency noti�cation. The State, Tribe, or Federal agency must notify the Agency of any plan modi�cations within 90 days after the �nal State, Tribal, or Federal agency plan modi�cations become effective or when it submits its required annual report to the Agency, whichever occurs �rst. (3) Additional requirements for substantial modi�cations to approved certi�cation plans. Before making any substantial modi�cations to an approved certi�cation plan, the State, Tribe or Federal agency must consult with the Agency and obtain Agency approval of the proposed modi�cations. Substantial modi�cations include the following: (i) Addition or deletion of a mechanism for certi�cation and/or recerti�cation. https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(b) https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(b) https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(b)(2) https://www.ecfr.gov/current/title-40/section-171.311 https://www.ecfr.gov/current/title-40/section-171.311#p-171.311(d)(3) https://www.ecfr.gov/current/title-40/section-171.311#p-171.311(d)(3) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 51/55 § 171.311 EPA-administered applicator certi�ication programs. (ii) Establishment of a new private applicator category, private applicator subcategory, commercial applicator category, or commercial applicator subcategory. (iii) Any other changes that the Agency has noti�ed the State, Tribal or Federal agency that the Agency considers to be substantial modi�cations. (4) Agency decision. The Agency shall make a written determination regarding the modi�ed certi�cation plan's compliance with the requirements of this part. The Agency shall give the certifying authority submitting a certi�cation plan notice and opportunity for an informal hearing before rejecting the plan. The Agency's approval may be subject to reasonable terms and conditions. If the Agency approves modi�cations to a certi�cation plan, that approval shall specify a schedule for implementation of the modi�ed certi�cation plan. (b) Withdrawal of approval. If at any time the Agency determines that a State, Tribal, or Federal agency certi�cation plan does not comply with the requirements of this part or any other Federal laws or regulations, or that a State, Tribal, or Federal agency is not administering the certi�cation plan as approved under this part, or that a State is not carrying out a program adequate to ensure compliance with FIFRA section 19(f), the Agency may withdraw approval of the certi�cation plan. Before withdrawing approval of a certi�cation plan, the Agency will notify the State, Tribal, or Federal agency and provide the opportunity for an informal hearing. If appropriate, the Agency may allow the State, Tribe, or Federal agency a reasonable time, not to exceed 90 days, to take corrective action. (a) Applicability. This section applies in any State or area of Indian country where there is no approved State or Tribal certi�cation plan in effect. (b) Certi�cation requirement. In any State or area of Indian country where EPA administers a certi�cation plan, any person who uses or supervises the use of any restricted use pesticide must meet one of the following criteria: (1) A commercial applicator must be certi�ed in each category and subcategory, if any, as described in the EPA-administered plan, for which the applicator is applying or supervising the application of restricted use pesticides. (2) A private applicator must be certi�ed in each category and subcategory, if any, as described in the EPA-administered plan, for which the applicator is applying or supervising the application of restricted use pesticides. (3) A noncerti�ed applicator may only use a restricted use pesticide under the direct supervision of an applicator certi�ed under the EPA-administered plan, in accordance with the requirements in § 171.201, and only for uses in categories authorized by that certi�ed applicator's certi�cation. (c) Implementation of EPA-administered plans in States. (1) In any State where this section is applicable, the Agency, in consultation with the Governor, may implement an EPA-administered plan for the certi�cation of applicators of restricted use pesticides. (2) Such a plan will meet the applicable requirements of § 171.303. Prior to the implementation of the plan, the Agency will publish in the FEDERAL REGISTER for review and comment a summary of the proposed EPA-administered plan for the https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.303 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 52/55 certi�cation of applicators and will generally make available copies of the proposed plan within the State. The summary will include all of the following: (i) An outline of the proposed procedures and requirements for private and commercial applicator certi�cation and recerti�cation. (ii) A description of the proposed categories and subcategories for certi�cation. (iii) A description of any proposed conditions for the recognition of State, Tribal, or Federal agency certi�cations. (iv) An outline of the proposed arrangements for coordination and communication between the Agency and the State regarding applicator certi�cations and pesticide compliance monitoring and enforcement. (d) Implementation of EPA-administered plans in Indian country. (1) In any area of Indian country where this section is applicable and consistent with the provisions of § 171.307(c), the Agency, in consultation with the appropriate Indian Tribe(s), may implement a plan for the certi�cation of applicators of restricted use pesticides. (2) An EPA-administered plan may be implemented in the Indian country of an individual Tribe or multiple Tribes located within a speci�ed geographic area. (3) Such a plan will meet the applicable requirements of § 171.303 and § 171.307(c). Prior to the implementation of the plan, the Agency will publish in the FEDERAL REGISTER for review and comment a summary of the proposed EPA-administered plan for the certi�cation of applicators and will generally make available copies of the proposed plan within the area(s) of Indian country to be covered by the proposed plan. The summary will include all of the following: (i) A description of the area(s) of Indian country to be covered by the proposed plan. (ii) An outline of the proposed procedures and requirements for private and commercial applicator certi�cation and recerti�cation. (iii) A description of the proposed categories and subcategories for certi�cation. (iv) A description of any proposed conditions for the recognition of State, Tribal, or Federal agency certi�cations. (v) An outline of the proposed arrangements for coordination and communication between the Agency and the relevant Tribe(s) regarding applicator certi�cations and pesticide compliance monitoring and enforcement. (e) Denial, suspension, modi�cation, or revocation of a certi�cation. (1) The Agency may suspend all or part of a certi�ed applicator's certi�cation issued under an EPA-administered plan or, after opportunity for a hearing, may deny issuance of, or revoke or modify, an applicator's certi�cation issued under an EPA administered plan, if the Agency �nds that the applicator has been convicted under FIFRA section 14(b), has been subject to a �nal order imposing a civil penalty under FIFRA section 14(a), or has committed any of the following acts: (i) Used any registered pesticide in a manner inconsistent with its labeling. https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(c) https://www.ecfr.gov/current/title-40/section-171.303 https://www.ecfr.gov/current/title-40/section-171.307#p-171.307(c) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 53/55 (ii) Made available for use, or used, any registered pesticide classi�ed for restricted use other than in accordance with FIFRA section 3(d) and any regulations promulgated thereunder. (iii) Refused to keep and maintain any records required pursuant to this section. (iv) Made false or fraudulent records, invoices or reports. (v) Failed to comply with any limitations or restrictions on a valid current certi�cate. (vi) Violated any other provision of FIFRA and the regulations promulgated thereunder. (vii) Allowed a noncerti�ed applicator to use a restricted use pesticide in a manner inconsistent with the requirements in § 171.201. (viii) Violated any provision of a State, Tribal or Federal agency certi�cation plan or its associated laws or regulations. (2) If the Agency intends to deny, revoke, or modify an applicator's certi�cation, the Agency will: (i) Notify the applicator of all of the following: (A) The legal and factual ground(s) upon which the denial, revocation, or modi�cation is based. (B) The time period during which the denial, revocation or modi�cation is effective, whether permanent or otherwise. (C) The conditions, if any, under which the applicator may become certi�ed or recerti�ed. (D) Any additional conditions the Agency may impose. (ii) Provide the applicator an opportunity to request an informal hearing prior to �nal Agency action to deny, revoke or modify the certi�cation, and the opportunity to offer written statements of facts, explanations, comments, and arguments relevant to the proposed action. (3) If a hearing is requested by an applicator pursuant to paragraph (e)(2)(ii) of this section, the Agency will appoint an attorney in the Agency as Presiding O�cer to conduct an informal hearing. No person shall serve as Presiding O�cer if he or she has had any prior connection with the speci�c case. (4) The Presiding O�cer appointed pursuant to paragraph (e)(3) of this section shall do all of the following: (i) Conduct a fair, orderly and impartial hearing, without unnecessary delay. (ii) Provide such procedural opportunities as the Presiding O�cer may deem necessary to a fair and impartial hearing. (iii) Consider all relevant evidence, explanation, comment and argument properly submitted. (iii) Promptly notify the parties of the �nal decision and order. Such an order is a �nal Agency action subject to judicial review in accordance with FIFRA section 16. https://www.ecfr.gov/current/title-40/section-171.201 https://www.ecfr.gov/current/title-40/section-171.311#p-171.311(e)(2)(ii) https://www.ecfr.gov/current/title-40/section-171.311#p-171.311(e)(3) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 54/55 (5) If the Agency determines that the public health, interest or welfare warrants immediate action to suspend the certi�ed applicator's certi�cation during the course of the procedures speci�ed in paragraphs (e)(2) through (e)(4) of this section, the Agency will do all of the following: (i) Notify the certi�ed applicator of the ground(s) upon which the suspension action is based. (ii) Notify the certi�ed applicator of the time period during which the suspension is effective. (iii) Notify the certi�ed applicator of the Agency's intent to revoke or modify the certi�cation, as appropriate, in accord with paragraph (e)(2) of this section. If such revocation or modi�cation notice has not previously been issued, it must be issued at the same time the suspension notice is issued. (6) In cases where the act constituting grounds for suspension of a certi�cation is neither willful nor contrary to the public interest, health, or safety, the certi�ed applicator may have additional procedural rights under 5 U.S.C. 558(c). (7) Any notice, decision or order issued by the Agency under paragraph (e) of this section, and any documents and information considered by the Presiding O�cer in issuing an order under paragraph (e)(4)(iv) of this section, shall be available to the public except as otherwise provided by FIFRA section 10 or by 40 CFR part 2. Any hearing at which oral testimony is presented shall be open to the public, except that the Presiding O�cer may exclude the public to the extent necessary to allow presentation of information that may be entitled to con�dentiality under FIFRA section 10 or under 40 CFR part 2. (f) Restricted use pesticide retail dealer reporting and recordkeeping requirements, availability of records, and failure to comply. (1) Reporting requirements. Each restricted use pesticide retail dealer in a State or area of Indian country where the Agency implements an EPA-administered plan must do both of the following: (i) Report to the Agency the business name by which the restricted use pesticide retail dealer operates and the name and business address of each of his or her dealerships. This report must be submitted to the appropriate EPA Regional o�ce no later than 60 days after the EPA-administered plan becomes effective or 60 days after the date the person becomes a restricted use pesticide retail dealer in an area where an EPA-administered plan is in effect, whichever occurs later. (ii) Submit revisions to the initial report to the appropriate EPA Regional o�ce re�ecting any name changes, additions or deletions of dealerships. Revisions must be submitted to the appropriate EPA Regional o�ce within 10 days of the occurrence of such change, addition or deletion. (2) Recordkeeping requirement. A restricted use pesticide retail dealer is required to create and maintain records of each sale of restricted use pesticides to any person, excluding transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail sellers, acting only in those capacities. Each restricted use pesticide retail dealer must maintain at each individual dealership records of each transaction where a restricted use pesticide is distributed or sold by https://www.ecfr.gov/current/title-40/section-171.311#p-171.311(e)(2) https://www.ecfr.gov/current/title-40/section-171.311#p-171.311(e)(4) https://www.ecfr.gov/current/title-40/section-171.311#p-171.311(e)(2) https://www.govinfo.gov/link/uscode/5/558 https://www.ecfr.gov/current/title-40/section-171.311#p-171.311(e) https://www.ecfr.gov/current/title-40/section-171.311#p-171.311(e)(4)(iv) https://www.ecfr.gov/current/title-40/part-2 https://www.ecfr.gov/current/title-40/part-2 9/16/21, 2:58 PM eCFR :: 40 CFR Part 171 -- Certification of Pesticide Applicators https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171 55/55 that dealership to any person. Records of each such transaction must be maintained for a period of two years after the date of the transaction and must include all of the following information: (i) Name and address of the residence or principal place of business of each certi�ed applicator to whom the restricted use pesticide was distributed or sold, or if applicable, the name and address of the residence or principal place of business of each noncerti�ed person to whom the restricted use pesticide was distributed or sold, for application by a certi�ed applicator. (ii) The certi�cation number on the certi�cation document presented to the seller evidencing the valid certi�cation of the certi�ed applicator authorized to purchase the restricted use pesticide, the State, Tribe or Federal agency that issued the certi�cation document, the expiration date of the certi�ed applicator's certi�cation, and the category(ies) in which the certi�ed applicator is certi�ed relevant to the pesticide(s) sold. (iii) The product name and EPA registration number of the restricted use pesticide(s) distributed or sold in the transaction, including any emergency exemption or State special local need registration number, if applicable. (iv) The quantity of the restricted use pesticide(s) distributed or sold in the transaction. (v) The date of the transaction. (3) Availability of required records. Each restricted use pesticide retail dealer must, upon request of any authorized o�cer or employee of the Agency, or other authorized agent or person duly designated by the Agency, furnish or permit such person at all reasonable times to have access to and copy all records required to be maintained under this section. (4) Failure to comply. Any person who fails to comply with the provisions of this section may be subject to civil or criminal sanctions, under FIFRA section 14, or 18 U.S.C. 1001. https://www.govinfo.gov/link/uscode/18/1001 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 1/23 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 172 - EXPERIMENTAL USE PERMITS Authority: 7 U.S.C. 136c, 136w. Section 172.4 is also issued under 31 U.S.C. 9701. Source: 40 FR 18782, Apr. 30, 1975, unless otherwise noted. Subpart A - Federal Issuance of Experimental Use Permits § 172.1 De�initions. Terms used in this part have the same meaning as in the Act. In addition, as used in this part, the following terms shall apply: Act means the Federal Insecticide, Fungicide and Rodenticide Act, as amended. Applicant means any person who applies for an experimental use permit pursuant to section 5 of the Act. Cooperator means any person who grants permission to a permittee or a permittee's designated participant for the use of an experimental use pesticide at an application site owned or controlled by the cooperator. Experimental animals means individual animals or groups of animals, regardless of species, intended for use and used solely for research purposes. The term does not include animals intended to be used for any food purposes Participant means any person acting as a representative of the permittee and responsible for making available for use, or supervising the use or evaluation of, an experimental use pesticide to be applied at a speci�c application site. Permittee means any applicant to whom an experimental use permit has been granted. Value for pesticide purposes means that characteristic of a substance or mixture of substances which produces an e�cacious action on a pest. [73 FR 75599, Dec. 12, 2008] View table of contents for this page ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.federalregister.gov/citation/73-FR-75599 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 2/23 § 172.2 General. § 172.3 Scope of requirement. (a) Pursuant to section 5 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (86 Stat. 983), and except as herein provided by § 172.3, any person wishing to accumulate information necessary to register under section 3 of the Act and the regulations thereunder (1) a pesticide not registered with this Agency or (2) a registered pesticide for a use not previously approved in the registration of the pesticide may apply to the Administrator at any time for an experimental use permit. (b) Pesticides under experimental use permits may not be sold or distributed other than through participants and, if sold or distributed through participants, may be used only at an application site of a cooperator and in accordance with the terms and conditions of the experimental use permit. (a) An experimental use permit (EUP) is generally required for testing of any unregistered pesticide or any registered pesticide being tested for an unregistered use. However, as described in paragraph (b) of this section, certain of such tests are presumed not to involve unreasonable adverse effects and, therefore, do not require an EUP. (b) Except as provided in subpart C of this part or as speci�cally determined by the Environmental Protection Agency (EPA), it may be presumed that EUPs are not required when: (1) The experimental use of the pesticide is limited to: (i) Laboratory or greenhouse tests, (ii) Limited replicated �eld trials as described in paragraph (c) of this section to con�rm such tests, or (iii) Other tests as described in paragraph (c) of this section whose purpose is only to assess the pesticide's potential e�cacy, toxicity, or other properties. (2) The producer, applicator, or any other person conducting the test does not expect to receive any bene�t in pest control from the pesticide's use. (c) For purposes of paragraphs (b)(1)(ii) and (b)(1)(iii) of this section, the following types of experimental tests are presumed not to need an EUP: (1) A small-scale test involving use of a particular pesticide that is conducted on a cumulative total of no more than 10 acres of land per pest, except that: (i) When testing for more than one target pest occurs at the same time and in the same locality, the 10 acre limitation shall encompass all of the target pests. (ii) Any food or feed crops involved in, or affected by, such tests (including, but not limited to, crops subsequently grown on such land which may reasonably be expected to contain residues of the tested pesticides) shall be destroyed or consumed only by experimental animals unless an appropriate tolerance or exemption from a tolerance has been established under the Federal Food, Drug, and Cosmetic Act (FFDCA) for residues of the pesticide. https://www.ecfr.gov/current/title-40/section-172.3 https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(b) https://www.ecfr.gov/current/title-40/part-172/subpart-C https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(c) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(c) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(b)(1)(ii) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(b)(1)(iii) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 3/23 [59 FR 45611, Sept. 1, 1994, as amended at 71 FR 35546, June 21, 2006; 73 FR 75599, Dec. 12, 2008] § 172.4 Applications. (2) A small-scale test involving the use of a particular pesticide that is conducted on a cumulative total of no more than 1 surface acre of water per pest, except that: (i) When the testing for more than one target pest occurs at the same time and in the same locality, the 1 acre limitation shall encompass all of the target pests. (ii) Waters which are involved in or affected by such tests are not used for irrigation purposes, drinking water supplies, or body contact recreational activities. (iii) Testing shall not be conducted in any waters which contain or affect �sh, shell�sh, plants, or animals taken for recreational or commercial purposes and used for food or feed, unless an appropriate tolerance or exemption from a tolerance has been established under the FFDCA for residues of the pesticide. (3) Animal treatment tests involving the use of a particular pesticide that are conducted only on experimental animals which will not be used for food or feed, unless an appropriate tolerance or an exemption from a tolerance has been established for animal products and byproducts under the FFDCA for residues of the pesticide. (d) The examples in paragraphs (c)(1), (c)(2), and (c)(3) of this section are not all-inclusive and do not preclude testing in larger areas or larger numbers of units if the intended use meets the criteria of paragraph (a) of this section. However, tests which do not come within the examples in paragraphs (c)(1), (c)(2), and (c)(3) of this section, absent a speci�c determination by EPA to the contrary, require an EUP. Persons intending to conduct tests who are uncertain whether the testing may be conducted without a permit may submit a request for determination to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b). Such a request shall include the information listed in § 172.4(b)(1)(ii) and (b)(1)(iii) and in the case of an unregistered product, the information in § 172.4(b)(3)(i). (e) Notwithstanding paragraphs (b) through (d) of this section, EPA may, on a case-by-case basis, require that certain testing of a particular pesticide or class of pesticides be carried out under an EUP, if it is determined that such EPA oversight is warranted. If EPA determines that an EUP is required, it will notify the developer of the pesticide of the need for an EUP and provide opportunity for comment or objections before imposing the requirement. (f) No EUP is required for a substance or mixture of substances being put through tests for the sole purpose of gathering data required for approval of such substance or mixture under the FFDCA (21 U.S.C. 301 et seq.) as: (1) A “new drug” (21 U.S.C. sec. 321(p) and sec. 355). (2) A “new animal drug” (21 U.S.C. sec. 321(w) and sec. 360(b)), or (3) An “animal feed” (21 U.S.C. sec. 321 (x)) containing a “new animal drug” (21 U.S.C. sec. 360(b)). (g) Paragraph (f) of this section shall not apply when a purpose of such test is to accumulate information necessary to register a pesticide under section 3 of the Act. https://www.federalregister.gov/citation/59-FR-45611 https://www.federalregister.gov/citation/71-FR-35546 https://www.federalregister.gov/citation/73-FR-75599 https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(c)(1) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(c)(2) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(c)(3) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(a) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(c)(1) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(c)(2) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(c)(3) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) https://www.ecfr.gov/current/title-40/section-172.4#p-172.4(b)(1)(ii) https://www.ecfr.gov/current/title-40/section-172.4#p-172.4(b)(1)(iii) https://www.ecfr.gov/current/title-40/section-172.4#p-172.4(b)(3)(i) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(b) https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(d) https://www.govinfo.gov/link/uscode/21/301 https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(f) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 4/23 (a) Time for submission. An application or request for amendment to an existing permit shall be submitted as far as possible in advance of the intended date of shipment or use to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b). (b) Contents of applications (1) General requirements. (i) The name and address of the applicant; (ii) The registration number of the product, if registered; (iii) The purpose or objectives of the proposed testing; a description in detail of the proposed testing program including test parameters; a designation of the pest organism(s) involved; the amount of pesticide product proposed for use; the crops, fauna, �ora, sites, modes, dosage rates, and situation of application on or in which the pesticide is to be used; the States in which the proposed program will be conducted; the number of acres, number of structural sites, or number of animals by State to be treated or included in the area of experimental use; the proposed dates or period(s) during which the testing program is to be conducted; and the manner in which supervision of the program will be accomplished; (iv) The name, street address, telephone number, and quali�cations of all participants in the program (whether or not in the employ of the applicant). A permit must be amended to add or change participants; (v) The name and street address of all cooperators, if available at the time an application is submitted or as soon thereafter as available; (vi) A description and the speci�c results of any appropriate prior testing of the product conducted by the applicant to determine toxicity and effects in or on target organisms at the site of application; and to determine phytotoxicity and other forms of toxicity or effects on nontarget plants, animals, and insects at or near the site of application; and to determine adverse effects on the environment; (vii) The proposed method of storage and disposition of any unused experimental use pesticide and its containers; and (viii) Such other additional pertinent information as the Administrator may require. (2) Requirement for tolerance. If the experimental use pesticide is to be used in such a manner that any residue can reasonably be expected to result in or on food or feed, the applicant must: (i) Submit evidence that a tolerance or exemption from the requirement of a tolerance has been established for residues of the pesticide in or on such food or feed under section 408 of the Federal Food, Drug, and Cosmetic Act; or (ii) Submit a petition proposing establishment of a tolerance or an exemption from the requirement of a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act; or (iii) Certify that the food or feed derived from the experimental program will be destroyed or fed only to experimental animals for testing purposes, or otherwise disposed of in a manner which will not endanger man or the https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 5/23 [40 FR 18782, Apr. 30, 1975, as amended at 53 FR 19115, May 26, 1988; 71 FR 35546, June 21, 2006; 73 FR 75599, Dec. 12, 2008] § 172.5 The permit. environment. The method of such destruction or disposition shall be provided in the application for the permit. (3) Additional requirements for unregistered pesticide products. (i) A complete con�dential statement of composition for the formulation to be tested giving the name and percentage by weight of each ingredient, active and inert; (ii) Chemical and physical properties of each active ingredient of the formulation to be tested, including, but not limited to, the manufacturing or laboratory processes and analytical methods suitable for determining the active ingredients in the formulation; (iii) Appropriate date, if available, on the rate of decline of residues on the treated crop or environmental site or other information for determination regarding entry of persons into treated areas; and (iv) Results of toxicity tests and other data relevant to the product's potential for causing injury to the users or other persons who may be exposed, including any available epidemiological information as to man. (c) Fees. The payment of fees for experimental use permits shall apply as speci�ed in subpart U of part 152 of the chapter. (a) Issuance. The Experimental Use Permit shall be issued when the Administrator determines that the conditions of section 5 of the Act, and the regulations thereunder, have been met subject to such terms and conditions as the Administrator determines are warranted. (b) Duration. Permits will be effective for a speci�ed period of time, normally one year, depending upon the crop or site to be tested and the requirements of the testing program submitted. The applicant should propose a suitable duration of the permit commensurate with the program submitted. Permits and associated temporary tolerances may be renewed, extended, or amended upon request if circumstances warrant. (c) Limitations. The quantity of a pesticide allowed by a permit may be less than requested if it is determined that the available information on e�cacy, toxicity or other hazards, the need for data, or the adequacy of program supervision does not justify the quantity of the pesticide requested. Other limitations may also be placed in the permit if necessary for the protection of the public health and the environment. (d) Additions. With respect to an experimental use pesticide containing any chemical or combination of chemicals not included in any previously registered pesticides, the Administrator may require that additional studies be conducted during the permit period to gather data to support the establishment of tolerances and/or registration. To the extent practicable, the applicant will be noti�ed of any such requirements before or at the time an experimental use permit is issued. (e) Maintenance of records. All producers of pesticides produced pursuant to an experimental use permit shall maintain records in accordance with part 169. https://www.federalregister.gov/citation/40-FR-18782 https://www.federalregister.gov/citation/53-FR-19115 https://www.federalregister.gov/citation/71-FR-35546 https://www.federalregister.gov/citation/73-FR-75599 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 6/23 § 172.6 Labeling. § 172.7 Importation of technical material. Technical materials may be imported without registration in su�cient quantities to formulate a pesticide for which an Experimental Use Permit has been requested if the application for such permit states that such importation will occur. § 172.8 Program surveillance and reporting of data. (a) Contents. Except as provided by paragraph (b) of this section, all pesticides shipped or used under an experimental use permit shall be labeled with directions and conditions for use which shall include the following: (1) The prominent statement, “For Experimental Use Only”; (2) The Experimental Use Permit number; (3) The statement, “Not for sale to any person other than a participant or cooperator of the EPA-approved Experimental Use Program”; (4) The name, brand, or trademark; (5) The name and address of the permittee, producer, or registrant; (6) The net contents; (7) An ingredient statement; (8) Warning or caution statements; (9) Any appropriate limitations on entry of persons into treated areas; (10) The establishment registration number, except in those cases where application of the pesticide is made solely by the producer; and (11) The directions for use, except that the Administrator may approve the use of the experimental program as labeling provided that such program is to be distributed with the product. (b) Supplemental labeling. In the case of a registered pesticide, the Administrator may, at his discretion, permit a pesticide to be used under an experimental use permit with supplemental labeling as approved by him. (a) The permittee shall supervise the test program and evaluate the results of testing at each site of application. It will further be the responsibility of the permittee to report immediately to the Administrator, or to any person designated by him, any adverse effects from use of, or exposure to, the pesticide. (b) The permittee shall submit the following reports to the Registration Division during the experimental program. (1) [Reserved] (2) A �nal report shall be submitted within 180 days after the expiration of the permit, unless a request for extension of time is approved, and shall include: https://www.ecfr.gov/current/title-40/section-172.6#p-172.6(b) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 7/23 [40 FR 18782, Apr. 30, 1975, as amended at 60 FR 32097, June 19, 1995] § 172.9 Renewals. Applications for renewal of experimental use permits and temporary tolerances, to provide for additional testing, shall be submitted prior to expiration of the permit. Requirements for renewals are the same as for applications under § 172.4, except that information previously submitted may be incorporated by reference. § 172.10 Refusals to issue and revocation. (i) All data gathered during the testing program; �eld notes need not be submitted but must be maintained and submitted upon request; (ii) A description of the disposition of any pesticide containers and any unused pesticides including amounts disposed of and the method and site of disposition; and (iii) The method of disposition of affected food and/or feed. The data under paragraph (b)(2)(i) of this section above may be submitted as part of an application for registration submitted within 180 days after the expiration of the permit, provided that the �nal report shall include a statement that such application has been made, and the date of such application. (c) In addition to the reporting requirements provided for elsewhere in this part, in the case of any meat-producing animals or birds that receive a direct treatment or application of any experimental use pesticide, the name and location of the packing plant where the animals will be processed shall be sent to the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Washington, DC 20250, at least 10 days before the animals are to be shipped for slaughter. This requirement may be waived, on request, by the USDA. These provisions do not exempt treated food-producing animals and their products from compliance with other applicable inspection requirements. (d) Failure to submit required reports may constitute grounds for revocation of the permit. (e) For the purpose of supervising the use of experimental use pesticides, the Agency may require the permittee or any participant to give reasonable advance noti�cation of the intended dates, times, and sites on which such experimental use pesticide will be applied. (f) The permittee or participants in the experimental use program will permit any authorized representative of the Agency, upon presentation of o�cial identi�cation, entry, at any reasonable time, to any premises involved in the testing program to inspect and to determine whether there has been compliance with the terms and conditions of the permit. (a) Refusal. At any time that the Administrator determines that an experimental use permit is not justi�ed, or that the issuance of such a permit would cause unreasonable adverse effects on the environment, or that for any other reason provided for under the law a permit shall not be issued, he shall notify the applicant in writing. (b) Revocation. The Administrator may revoke an experimental use permit if he �nds that its terms or conditions are being violated or that its terms or conditions are inadequate to avoid unreasonable adverse effects on the environment, or if new evidence is obtained which demonstrates that the tolerance will be inadequate to protect the public health, or https://www.federalregister.gov/citation/40-FR-18782 https://www.federalregister.gov/citation/60-FR-32097 https://www.ecfr.gov/current/title-40/section-172.4 https://www.ecfr.gov/current/title-40/section-172.8#p-172.8(b)(2)(i) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 8/23 § 172.11 Publication. Subpart B - State Issuance of Experimental Use Permits for failure to meet any other provision of this part 172. The Administrator will notify the permittee in writing of such revocation. The permittee shall notify all participants of such revocation as soon as possible after he receives notice of revocation. The revocation of a permit shall not preclude the Administrator from initiating civil or criminal sanctions for the violations of the permit conditions or otherwise as authorized by law. (c) Hearing. In the event that an applicant for an experimental use permit wishes to contest the refusal to issue an experimental use permit, or an experimental use permittee wishes to contest the revocation of any such permit, he shall, within twenty days after receipt of notice of such refusal or revocation, �le with the Administrator a written request for an opportunity to confer with the Administrator or his designee. Within twenty days after such conference, the applicant or permittee will be noti�ed of the Administrator's �nal decision. (a) Notice of receipt of an experimental use permit application. The Administrator shall publish notice in the FEDERAL REGISTER of receipt of an application for an experimental use permit upon �nding that issuance of the experimental use permit may be of regional or national signi�cance. This notice shall include: (1) The active ingredients, (2) Use pattern(s), (3) Quantity of pesticide, (4) Total acreage, (5) Location of area of application, (6) A statement soliciting comments from any interested persons regarding the application. (b) Public hearing. The Administrator may hold a public hearing, and publish notice in the FEDERAL REGISTER of the date and location of the hearing, when he determines that there is su�cient interest in the application to warrant a hearing, based upon the comments received in response to the Notice of Receipt of an Application, or that a hearing would otherwise be in the public interest. (c) Issuance of experimental use permit. The Administrator shall give prompt notice in the FEDERAL REGISTER of the issuance of an experimental use permit. The notice shall include: (1) The active ingredients, (2) Use pattern(s), (3) Quantity of pesticide, (4) Total acreage, (5) Location of area of application, (6) A statement indicating where the experimental use permit is available for public inspection. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 9/23 Source: 44 FR 41787, July 18, 1979, unless otherwise noted. § 172.20 Scope. This subpart sets forth regulations governing State issuance of experimental use permits pursuant to section 5(f) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (FIFRA). It also sets forth regulations governing authorization by the Administrator of State experimental use permit programs. § 172.21 De�initions. Terms used in this subpart shall have the meaning set forth in FIFRA and in § 172.1. Designated State agency means the State agency designated by State law or other authority to be responsible for registering pesticides to meet special local needs. Public or private agricultural research agency or educational institution means any organization engaged in research pertaining to the agricultural use of pesticides, or any educational institution engaged in pesticide research. Any research agency or educational institution whose principal function is to promote, or whose principal source of income is directly derived from, the sale or distribution of pesticides (or their active ingredients) does not come within the meaning of this term. [73 FR 75599, Dec. 12, 2008] § 172.22 General. § 172.23 State plans. (a) Experimental use permits are not required under this rule in those situations described in § 172.3 of subpart A pertaining to Federal experimental use permits. (b) Subpart B is not applicable to experimental use permits issued by a State, as required by State law, to a permittee who already holds a valid Federal experimental use permit issued under subpart A for the same purpose, or who is not required to obtain a permit under this rule. (c) Pesticide products used under experimental use permits may not be sold or distributed other than through participants, and, if sold or distributed through participants, may be used only at an application site of a cooperator and in accordance with the terms and conditions of the experimental use permit. (d) Establishments in which pesticide products under State experimental use permits are produced shall be registered as required by 40 CFR 167.2(a) and producers of such products shall maintain books and records as required by 40 CFR 169.2. (e) Pesticide products and their containers used under this rule must also be packaged, stored, transported, used, and disposed of in accordance with all applicable Federal laws and regulations, including the Resource Conservation and Recovery Act of 1976 as amended (Pub. L. 94-580; 90 Stat. 2795; 42 U.S.C. 6901 et seq.) (RCRA), and rules thereunder. https://www.ecfr.gov/current/title-40/section-172.1 https://www.federalregister.gov/citation/73-FR-75599 https://www.ecfr.gov/current/title-40/section-172.3 https://www.ecfr.gov/current/title-40/section-167.2#p-167.2(a) https://www.ecfr.gov/current/title-40/section-169.2 https://www.govinfo.gov/link/uscode/42/6901 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 10/23 (a) Submission. (1) A State may, by submitting a State plan, request the Administrator to authorize the designated State agency to issue experimental use permits under section 5(f) of FIFRA. (2) A State shall request authorization to issue experimental use permits by having the Governor or Chief Executive O�cer or his designated agent submit a State plan in writing to the Administrator. (b) Contents. A State plan shall include (1) A designation of the State agency responsible for the administration of the State experimental use permit program. (2) An opinion of the State attorney general or the legal counsel of the designated State agency that the State has the requisite legal authorities as set forth in paragraph (c) (1)(i) of this section, accompanied by copies of the applicable State laws and regulations. (3) A description of procedures that the designated State agency will follow: (i) To review experimental use permit applications, to ensure that experimental use permits will be issued in accordance with the terms and conditions of the authorization, FIFRA, and this subpart; and (ii) To supervise use pursuant to the permits, and to ensure that permits are used in accordance with their terms and conditions, FIFRA, and this subpart. (c) Criteria for EPA acceptance of State plan. (1) The Administrator shall grant authorization to issue experimental use permits if the State plan establishes that the designated State agency (i) Has adequate legal authority under State law to implement the plan, including authority: (A) To issue experimental use permits, subject to limitations necessary for the protection of public health and the environment; (B) To supervise the use of a pesticide pursuant to an experimental use permit, as provided in § 172.25(c); (C) To deny an experimental use permit if it determines that a permit is not justi�ed, or that the issuance of the permit would cause unreasonable adverse effects on the environment; (D) To amend or revoke an experimental use permit, if the designated State agency �nds that: (1) The terms and conditions of the permit are being violated, or are inadequate to avoid unreasonable adverse effects on the environment; (2) Any required tolerance under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) has been revoked by EPA, or any exemption from the requirement for tolerance has been withdrawn by EPA; or https://www.ecfr.gov/current/title-40/section-172.23#p-172.23(c)(1)(i) https://www.ecfr.gov/current/title-40/section-172.25#p-172.25(c) https://www.govinfo.gov/link/uscode/21/301 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 11/23 § 172.24 State issuance of permits. (3) A failure by the permittee or any cooperator to meet any other provision of FIFRA or this subpart has occurred; (E) To enter, by consent or by warrant or by other legal means, in connection with an experimental use permit, a permittee's or cooperator's premises at reasonable times in order to sample or inspect any pesticides used or property treated, to inspect any equipment or records kept, or to observe any activities conducted, as necessary to enforce compliance with State law, the terms of the permit, and this subpart; (F) To comply in all other respects with the requirements of this subpart, including labeling requirements; and (ii) Utilizes procedures for the review of each permit which are adequate to ensure that the State program will be administered in accordance with the purposes of FIFRA and this subpart. (2) After receiving a State plan, EPA shall publish a FEDERAL REGISTER notice announcing the fact and inviting interested parties to comment thereon. (d) Approval, rejection, and revocation. (1) EPA shall approve or reject the State plan within 90 days after receipt of all information necessary for �nal review of the plan, including copies of effective statutes and regulations which satisfy the requirements of this subpart. (2) The Administrator may at any time revoke the authorization of a State to issue experimental use permits if he determines that the designated State agency has not complied with the requirements of this subpart or with the terms and conditions of such authorization. State experimental use permits issued prior to the revocation of authority shall remain valid until they expire or until three years from the date of revocation of the State's authority, whichever comes �rst, unless sooner revoked by EPA under § 172.26(c) of this subpart. (3) Notices of approval, rejection, and revocation shall be published in the FEDERAL REGISTER, as well as the basis for such approval, rejection, or revocation. (4) Prior to rejecting or revoking authorization, the Administrator shall notify the State in writing of his intention to take such action, along with the basis for such action, and shall afford the State the opportunity for a hearing, and time to take corrective action. (a) General. Upon approval of a State plan by the Administrator under § 172.23, the designated State agency is authorized to issue, amend, renew, deny or revoke experimental use permits subject to the terms of the authorization and these regulations. (b) Authority. A designated State agency may issue an experimental use permit (1) To any person for the purpose of gathering the data necessary to support the State registration of a pesticide to meet special local needs under section 24(c), FIFRA. (2) To any agricultural research agency or educational institution conducting work within the State for the purpose of experimentation: (i) Which is done within the State; and https://www.ecfr.gov/current/title-40/part-172/section-172.26#p-172.26(c) https://www.ecfr.gov/current/title-40/section-172.23 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 12/23 (ii) Which is not directly intended to result in the registration of a speci�c pesticide product. (3) For use of a restricted use pesticide only if the pesticide is to be used by, or under the direct supervision of, an applicator certi�ed in accordance with section 11 of FIFRA. (c) Limitations. (1) In the case of applicants who need to gather data required to register a pesticide product to meet a special local need under section 24(c) of FIFRA, a State may only issue experimental use permits for the types of pesticide products and uses which it has authority to register under section 24(c). (2) A State may not issue an experimental use permit under § 172.24(b)(1) or § 172.24(b)(2) for any of the following: (i) A product containing an active or inert ingredient not contained in any EPA registered product; (ii) A product containing an active or inert ingredient which is currently subject to an EPA cancellation or suspension of registration order, or which is currently subject to an EPA notice of intent to suspend or cancel registration because of human health, environmental or e�cacy considerations; except that the State may issue a permit for such a product for a purpose or in a formulation (A) Which was not speci�cally considered in, or which is not subject to, such suspension or cancellation proceedings, after consultation with appropriate EPA o�cials; or (B) Which was speci�cally considered during such proceedings but not suspended, cancelled, or subjected to a notice of intent to suspend or cancel; (iii) A use of a product which has been the subject of a notice of denial of registration published in the FEDERAL REGISTER pursuant to section 3(c)(6) of FIFRA and part 154 of this chapter; or (iv) A use of a product which may involve use in or on food or feed other than as authorized under § 172.24(d), Requirement of tolerance. (3) A State may not issue an experimental use permit for use of a pesticide product in an area or in an amount in excess of that necessary to accomplish the purposes for which the permit was issued under paragraph (b) of this section. (d) Requirement of tolerance. If the experimental use pesticide is to be used in or on food or feed, the applicant must (1) Submit evidence that: (i) A tolerance or exemption from the requirement of a tolerance has been established for residues of the pesticide in or on such food or feed under section 408 of the Federal Food, Drug and Cosmetic Act; and (ii) The proposed program would not reasonably be expected to result in residues of the pesticide in or on such food or feed in excess of that authorized under section 408 of the Federal Food, Drug and Cosmetic Act; and https://www.ecfr.gov/current/title-40/section-172.24#p-172.24(b)(1) https://www.ecfr.gov/current/title-40/section-172.24#p-172.24(b)(2) https://www.ecfr.gov/current/title-40/part-154 https://www.ecfr.gov/current/title-40/section-172.24#p-172.24(d) https://www.ecfr.gov/current/title-40/section-172.24#p-172.24(b) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 13/23 [44 FR 41787, July 18, 1979, as amended at 50 FR 49020, Nov. 27, 1985; 73 FR 75599, Dec. 12, 2008] § 172.25 Administration of State programs. (iii) All inert ingredients in the pesticide are exempted from the requirement of a tolerance under the appropriate section of 40 CFR part 180, subpart D; or (2) Certify that the food or feed derived from the experimental program will be destroyed or fed only to experimental animals for testing purposes, or otherwise disposed of in a manner which will not endanger man or the environment. The method of destruction or disposal shall be described in the application for the permit. (a) General. State experimental use permit programs shall be consistent with the Federal experimental use permit program, as set forth in subpart A of 40 CFR part 172. (b) Procedures leading to issuance. An application for an experimental use permit shall be made in writing, and shall contain su�cient information, including a con�dential statement of formula for any new product, to enable the State to determine whether use pursuant to the permit would be in accordance with the purposes of FIFRA and this subpart. (c) Labeling. (1) New products shall bear labeling satisfying the requirements of § 172.6(a), except that the prominent statement “For Distribution and Experimental Use Only Within (State)” shall be used in place of “For Experimental Use Only”. The designated State agency may approve, as directions for use on labeling, the experimental program, provided such program is to be distributed with the product. (2) The designated State agency may permit an EPA or State registered pesticide to be used under an experimental use permit with supplemental labeling as approved by the State agency. In exercising this discretion, the designated State agency shall ensure that the supplemental labeling and the registered label together satisfy the requirements of § 172.6(a). (d) Duration. State experimental use permits shall be issued for a speci�ed period of time, not to exceed three years, depending upon the nature of the pest problem and the requirements of the testing program submitted. The designated State agency may renew, extend or amend the stated duration of a permit, if circumstances warrant. (e) Limitations. The designated State agency shall impose such limitations in the permit as are necessary to protect health and the environment, including limitations on quantity, sites, area, disposal, and other aspects of pesticide use. (f) Program surveillance and reporting of data. (1) The permittee shall supervise the test program and evaluate the results of testing at each site of application. The designated State agency shall require the permittee to report to it immediately any adverse effects resulting from use of, or exposure to, the pesticide. (2) During the course of the program, the designated State agency shall require the permittee to submit such reports (both special and periodic) as are necessary to supervise effectively the progress of the program to prevent unreasonable adverse effects on man or the environment. The designated State agency shall also require https://www.federalregister.gov/citation/44-FR-41787 https://www.federalregister.gov/citation/50-FR-49020 https://www.federalregister.gov/citation/73-FR-75599 https://www.ecfr.gov/current/title-40/part-180/subpart-D https://www.ecfr.gov/current/title-40/part-172 https://www.ecfr.gov/current/title-40/section-172.6#p-172.6(a) https://www.ecfr.gov/current/title-40/section-172.6#p-172.6(a) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 14/23 [44 FR 41787, July 18, 1979, as amended at 60 FR 32097, June 19, 1995] § 172.26 EPA review of permits. the permittee to submit a �nal report at the conclusion of the program. Where applicable, such reports shall also be made available to the U.S. Department of Agriculture, Food Service and Quality Service (FSQS), as required by § 172.8(c). (g) Disposal. All pesticides and pesticide containers, whether disposed of during the course of a State permit or remaining at the termination of a permit, must either be: (1) Disposed of in accordance with a disposal plan approved as part of the experimental program; or (2) Returned to the permittee for storage or disposal in accordance with the requirements of RCRA and rules there under; or (3) If the product is currently registered, used in accordance with the registered label. (a) Noti�cation of State action. (1) Within 10 days after the issuance of an experimental use permit, the designated State agency shall noti�y EPA of the action by forwarding to the appropriate EPA Regional O�ce a copy of the permit, a description of the experimental program to be conducted under the terms of the permit, a copy of the approved labeling, and a copy of the con�dential statement of formula for any new product. (2) Within 10 days after amendment or revocation of an experimental use permit by a State, the designated State agency shall notify the appropriate EPA Regional O�ce in writing of the amendment or revocation. The notice shall include a brief explanation of the reason for the amendment or revocation. If amendments to permits include changes in the approved labeling, the designated State agency shall also forward a copy of the amended labeling. (3) EPA shall give notice in the FEDERAL REGISTER of State issuance of experimental use permits. (b) Reports. The designated State agency shall submit the following reports to EPA: (1) An annual report covering the number of permits issued, the names and addresses of permittees, the names of the products covered by permits, and the State permit numbers issued; (2) Reports, as requested by EPA, containing any information that EPA may determine necessary to ensure that a State has acted in compliance with provisions of FIFRA and this subpart; and (3) Reports of any serious adverse effect(s), as soon thereafter as possible, from use of, or exposure to, a pesticide used pursuant to an experimental use permit. (c) Revocation by EPA. (1) The Administrator may revoke an experimental use permit issued under this subpart if he �nds: (i) That its terms and conditions are being violated; https://www.federalregister.gov/citation/44-FR-41787 https://www.federalregister.gov/citation/60-FR-32097 https://www.ecfr.gov/current/title-40/section-172.8#p-172.8(c) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 15/23 [44 FR 41787, July 18, 1979, as amended at 73 FR 75599, Dec. 12, 2008] (ii) That its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment; (iii) That new evidence demonstrates that any tolerance upon which the permit is based will be inadequate to protect the public health, or that any exemption from the requirement for a tolerance is no longer appropriate; or (iv) That a failure by the permittee to meet any other provisions of FIFRA or this subpart has occurred. (2) The Administrator shall, prior to revoking a State experimental use permit, consult with the State agency which issued the permit, except in cases where continued use of the pesticide under the permit would create an imminent hazard to man or the environment. (3) The Administrator shall notify the designated State agency, in writing, of the revocation, and the State agency shall notify the permittee, also in writing, of the revocation. (4) The permittee shall notify all participants of the revocation within 10 days after he receives notice of revocation. (5) The revocation of a permit shall not preclude the Administrator from initiating civil or criminal sanctions for violations of the permit conditions or other violations, as authorized by law. (6) If a permittee wishes to contest the revocation of a State experimental use permit, he shall, within 30 days after receipt of notice of such revocation, �le with the Administrator a written request for an opportunity to confer with the Administrator or his designee. The revocation of the permit shall remain effective pending the outcome of any conference requested under this paragraph. (7) If a permittee requests a conference under paragraph (c)(6) of this section, the Administrator shall provide the permittee: (i) With information as to the time, place and nature of the conference, and of the matters of fact and law asserted by the Agency as grounds for the revocation action; (ii) An opportunity to offer a written statement of facts, explanations, and arguments relevant to the revocation action; (iii) All other procedural opportunities to which the permittee may be entitled by law. (8) The Administrator shall notify the affected permittee and State Agency, in writing, of his �nal decision on the revocation matter as expeditiously as possible and shall attempt to do so within 30 days after the conclusion of a conference conducted under paragraph (c)(7). The Administrator shall also provide the permittee and the State agency with a written statement of the reasons for his decision, which shall take into account the evidence presented pursuant to paragraph (c)(7)(ii) of this section. (9) A decision to revoke a permit under paragraph (c)(8) of this section is a �nal Agency action subject to judicial review as provided by law. https://www.federalregister.gov/citation/44-FR-41787 https://www.federalregister.gov/citation/73-FR-75599 https://www.ecfr.gov/current/title-40/section-172.26#p-172.26(c)(6) https://www.ecfr.gov/current/title-40/section-172.26#p-172.26(c)(7)(ii) https://www.ecfr.gov/current/title-40/section-172.26#p-172.26(c)(8) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 16/23 Subpart C - Noti�ication for Certain Genetically Modi�ied Microbial Pesticides Source: 59 FR 45612, Sept. 1, 1994, unless otherwise noted. § 172.43 De�initions. Terms used in this subpart shall, with the exception of those de�ned below, have the meaning set forth in the Act and in § 172.1. Containment and inactivation controls means any combination of mechanical, procedural, or biological controls designed and operated to restrict environmental release of viable microorganisms from a facility. Deliberately modi�ed means the directed addition, rearrangement, or removal of nucleotide sequences to or from genetic material. Introduction of genetic material means the movement of nucleotide sequences into a microorganism, regardless of the technique used. Inversions of genetic material means the replacement of an internal section of a chromosome in the reverse orientation. Microbial pesticide means a microbial agent intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, that: Microbial pesticides resulting from rearrangements means a microbial pesticide resulting from translocations or inversions of genetic material. Microorganism means a bacterium, fungus, alga, virus, or protozoan. Nonindigenous microbial pesticide means a microbial pesticide brought into one of the following geographic areas from outside that area: Pesticidal property means a characteristic exhibited by a microorganism that contributes to the intentional use of the microorganism to prevent, destroy, repel, or mitigate a pest or to act as a plant regulator, defoliant, or desiccant. (1) Is a eucaryotic microorganism including, but not limited to, protozoa, algae and fungi; (2) Is a procaryotic microorganism, including, but not limited to, Eubacteria and Archaebacteria; or (3) Is a parasitically replicating microscopic element, including, but not limited to, viruses. (1) The continental United States, including Alaska, and the immediately adjoining countries (i.e., Canada and Mexico). (2) The Hawaiian Islands. (3) The Caribbean Islands including Puerto Rico and the U.S. Virgin Islands. https://www.ecfr.gov/current/title-40/section-172.1 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 17/23 Single genome means the sum total of chromosomal and extrachromosomal genetic material of an isolate and any descendants derived under axenic culture conditions from that isolate. Small-scale test means the experimental use of a microbial pesticide in a facility such as a laboratory or greenhouse, or use in limited replicated �eld trials or other tests as described in § 172.3(c). Test or testing means any use of a microbial pesticide consistent with section 5 of the Act, including limited replicated �eld trials and associated activities. Translocations of genetic material means a chromosomal con�guration in which part of a chromosome becomes attached to a different chromosome, or inserts in a different location on the same chromosome. [59 FR 45612, Sept. 1, 1994, as amended at 72 FR 61029, Oct. 26, 2007] § 172.45 Requirement for a noti�ication. (a) Who must submit a Noti�cation. Notwithstanding § 172.3, any person who plans to conduct small-scale testing of a type of microbial pesticide identi�ed in paragraph (c) of this section must submit a Noti�cation to EPA and obtain prior approval for either of the following tests: (1) Small-scale tests that involve an intentional environmental introduction of that microbial pesticide. (2) Small-scale tests performed in a facility without adequate containment and inactivation controls as provided in paragraph (e) of this section. (b) Alternative to Noti�cation. In lieu of a Noti�cation, any person required to submit a Noti�cation under paragraph (a) of this section may submit an application for an experimental use permit (EUP) to EPA for approval. (c) Small-scale testing that requires a Noti�cation. As provided in paragraph (a) of this section, and notwithstanding any other approval by any governmental entity, EPA review and approval are required prior to the initiation of any small-scale test involving either of the following microbial pesticides: (1) Microbial pesticides whose pesticidal properties have been imparted or enhanced by the introduction of genetic material that has been deliberately modi�ed. (2) Nonindigenous microbial pesticides that have not been acted upon by the U.S. Department of Agriculture (i.e., either by issuing or denying a permit or determining that a permit is unnecessary; or a permit is not pending with the USDA). (d) Small-scale testing that does not require a Noti�cation. (1) Testing conducted with microbial pesticides identi�ed in paragraph (c) of this section, but made exempt pursuant to § 172.52, does not require a Noti�cation. The following microbial pesticides (or classes of pesticides) are exempt from the noti�cation requirement in paragraph (a) of this section: (i) Microbial pesticides resulting from deletions or rearrangements within a single genome that are brought about by the introduction of genetic material that has been deliberately modi�ed. https://www.ecfr.gov/current/title-40/section-172.3#p-172.3(c) https://www.federalregister.gov/citation/59-FR-45612 https://www.federalregister.gov/citation/72-FR-61029 https://www.ecfr.gov/current/title-40/section-172.3 https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(c) https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(e) https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(a) https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(a) https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(c) https://www.ecfr.gov/current/title-40/section-172.52 https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(a) 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 18/23 § 172.46 Submission of a noti�ication. (ii) [Reserved] (2) Testing conducted in a facility with adequate containment and inactivation controls, as provided in paragraph (e) of this section, does not require a Noti�cation. (e) Selection and use of containment and inactivation controls. (1) Selection and use of containment and inactivation controls for a particular microbial pesticide shall take into account the following: (i) Factors relevant to the microbial pesticide's ability to survive in the environment. (ii) Potential routes of release in air, solids, and liquids; in or on waste materials and equipment; in or on people (including maintenance and custodial personnel); and in or on other organisms such as insects and rodents. (iii) Procedures for transfer of materials between facilities. (iv) Plans for routine or emergency clean-up and test termination. (2) For purposes of paragraph (e)(1) of this section, EPA will presume that compliance with the containment provisions of the National Institutes of Health (NIH) “Guidelines for Research Involving Recombinant DNA Molecules” (51 FR 16958, May 7, 1986) constitutes selection and use of adequate containment and inactivation controls. (3) The selection of containment and inactivation controls shall be approved by an authorized o�cial of the organization that is conducting the test prior to commencement of the test. (4) Records shall be developed and maintained describing the selection and use of the containment and inactivation controls, including contingency plans for emergency clean-up and test termination, that will be used during the test. These records shall be available for inspection at the test facility. In addition, these records shall be submitted to EPA at EPA's request and within the time frame speci�ed in EPA's request. (5) Subsequent to any EPA review of the containment/inactivation controls selected under paragraph (e)(1) of this section, changes to the controls necessary to prevent unreasonable adverse effects must be made upon EPA request. Failure to comply with EPA's request shall result in automatic revocation of the exemption from the requirement to submit a Noti�cation. (a) When to submit a Noti�cation. A Noti�cation shall be submitted for approval at least 90 days prior to the initiation of the proposed test. (b) Where to submit a noti�cation. A noti�cation shall be submitted to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b), Attention: Biotechnology Noti�cation Review. (c) How to format a Noti�cation. A Noti�cation submitted under this section must comply with the following procedures, but is not required to comply with the format and other provisions governing submission of data in §§ 158.32 and 158.33 or §§ 161.32 and 161.33 of this chapter. However, because data submitted with the Noti�cation may https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(e) https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(e)(1) https://www.federalregister.gov/citation/51-FR-16958 https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(e)(1) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) https://www.ecfr.gov/current/title-40/section-158.32 https://www.ecfr.gov/current/title-40/section-158.33 https://www.ecfr.gov/current/title-40/section-161.32 https://www.ecfr.gov/current/title-40/section-161.33 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 19/23 [59 FR 45612, Sept. 1, 1994, as amended at 71 FR 35546, June 21, 2006; 72 FR 61029, Oct. 26, 2007; 73 FR 75600, Dec. 12, 2008] § 172.48 Data requirements for a noti�ication. subsequently be used to support other regulatory actions (e.g., used in EUP or registration applications), it is recommended that such data comply with EPA requirements in §§ 158.32 and 158.33 of this chapter. (1) Each Noti�cation must be accompanied by a transmittal document that clearly identi�es the EPA action supported as a Biotechnology Noti�cation Review. (2) Five copies of each Noti�cation must be submitted to EPA. (3) Any claims of con�dentiality for information submitted in the Noti�cation must be made as described in paragraph (d) of this section. (d) How to make con�dential business information (CBI) claims in a Noti�cation. Although it is strongly recommended that the submitter minimize the amount of data and other information claimed as CBI, a submitter may assert a claim of con�dentiality for all or part of the information submitted to EPA in a Noti�cation (See part 2, subpart B of this chapter). To assert such a claim, the submitter must comply with the following procedures: (1) Any claim of con�dentiality must accompany the information at the time the information is submitted to EPA. Failure to assert a claim at that time will be considered a waiver of con�dentiality for the information submitted, and the information may be made available to the public, subject to section 10(g) of the Act, with no further notice to the submitter. (2) Of the �ve copies of the Noti�cation required by paragraph (c) of this section, four copies must be complete with the information that is claimed con�dential clearly marked in the manner described in § 2.203(b) of this chapter. All information claimed as con�dential must be deleted from the �fth copy, but it must be otherwise complete. The �rst page of the �fth copy must be marked “Contains no information claimed as con�dential.” EPA may include the �fth copy in a public �le without further notice. EPA will consider incomplete a Noti�cation containing information claimed as CBI that is not submitted in accordance with this paragraph and will suspend the review period on the Noti�cation until such procedures are followed. (3) Any claim of con�dentiality must be accompanied, at the time the claim is made, by comments substantiating the claim and explaining why the submitter believes that the information should not be disclosed. The submitter should refer to § 2.204(e)(4) of this chapter for points to address in the substantiation. If such comments are themselves claimed con�dential and are marked con�dential when submitted to EPA, they will be treated as such in accordance with § 2.205(c) of this chapter. EPA will consider incomplete all Noti�cations containing information claimed as CBI that are not accompanied by substantiation, and will suspend the review period on such Noti�cations until the required substantiation is provided. (4) EPA will disclose information that is subject to a claim of con�dentiality asserted under this section only to the extent and by means of the procedures set forth in section 10 of the Act, in this subpart, and in part 2 of this chapter. https://www.federalregister.gov/citation/59-FR-45612 https://www.federalregister.gov/citation/71-FR-35546 https://www.federalregister.gov/citation/72-FR-61029 https://www.federalregister.gov/citation/73-FR-75600 https://www.ecfr.gov/current/title-40/section-158.32 https://www.ecfr.gov/current/title-40/section-158.33 https://www.ecfr.gov/current/title-40/section-172.46#p-172.46(d) https://www.ecfr.gov/current/title-40/part-2/subpart-B https://www.ecfr.gov/current/title-40/section-172.46#p-172.46(c) https://www.ecfr.gov/current/title-40/section-2.203#p-2.203(b) https://www.ecfr.gov/current/title-40/section-2.204#p-2.204(e)(4) https://www.ecfr.gov/current/title-40/section-2.205#p-2.205(c) https://www.ecfr.gov/current/title-40/part-2 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 20/23 This section identi�es the data and information to be included in each Noti�cation. When speci�c information is not submitted, an explanation of why it is not practical or necessary to provide the information is to be provided. (a) The identity of the microorganism which constitutes the microbial pesticide including: (1) Summary of data supporting the taxonomic designation and its interpretation. (2) Means and limit of detection using sensitive and speci�c methods (e.g., note the use of any markers that are used to distinguish the introduced population from native microorganisms). Introduction into the microbial pesticide of a unique genetic marker is encouraged. (b) Description of the natural habitat of the parental strain of the microbial pesticide including information on: (1) Physical and chemical features important to growth and survival of the parental strain. (2) Biological features of the parental strain that would have an impact on the microbial pesticide (e.g., presence of phages that infect the microorganism). (3) Competitors. (c) Information on the host range of the microbial pesticide, if any, with an assessment of infectivity and pathogenicity to nontarget organisms. (d) Information on survival and the ability of the microbial pesticide to increase in numbers (biomass) in the environment (e.g., in the environment into which the microbial pesticide will be introduced, and in substantially different environments that may be in the immediate vicinity). These data may be derived from the scienti�c literature or from tests conducted in a laboratory or other containment facility. (e) The identity of possible transmission vectors (e.g., insects). (f) Data on relative environmental competitiveness compared to the parental strain of the microbial pesticide. (g) Description of the methods used to genetically modify the microbial pesticide. (h) The identity and location of the gene segments that have been rearranged or inserted/deleted (host source, nature, and, for example, base sequence data, or restriction enzyme map of the genes). (i) Information on the control region of the genes, and a description of the new traits or characteristics that are expressed. (j) Data on potential for genetic transfer and exchange with other organisms and on genetic stability of any inserted sequences in the microbial pesticide. (k) A description of the proposed testing program including: (1) The purpose or objectives of the proposed testing. (2) Designation of the pest organisms involved (common and scienti�c names). (3) The States in which the proposed program will be conducted. (4) The exact location of the test sites (including proximity to residences and human activities, surface water, etc.). 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 21/23 § 172.50 Response to a noti�ication. (5) The crops, fauna, �ora, geographical description of sites, modes, dosage rates, frequency, and situation of application on or in which the pesticide is to be used. (6) The total amount of pesticide product proposed for use in the testing. (7) The method of application. (8) A comparison of the natural habitat of the microbial pesticide with the proposed test site. (9) The number of acres, structural sites, or animals/plants by State, to be treated or included in the area of experimental use. (10) Procedures to be used to protect the test area from intrusion by unauthorized individuals. (11) The proposed dates or periods during which the testing program is to be conducted, and the manner in which supervision of the program will be accomplished. (12) Description of procedures for monitoring the microbial pesticide within and adjacent to the test site during the test. (13) The method of sanitation or disposal of plants, animals, soils, farm tools, machinery etc., that will be exposed to the microbial pesticide during or after the test. (14) Means of evaluating potential adverse effects and methods of controlling the microbial pesticide if detected beyond the test area. (l) A statement of composition for the formulation to be tested, giving: (1) The name and percentage by weight (or other suitable units) of each ingredient, active and inert. (2) Production methods. (3) Extraneous microorganisms present as contaminants. (4) Amount and potency of any toxin present. (5) Where applicable, the number of viable microorganisms per unit weight or volume of the product or other appropriate system for designating the quantity of active ingredient. (m) Any additional factual information regarding the potential for unreasonable adverse effects on the environment. (a) EPA will review and evaluate each Noti�cation as expeditiously as possible and will make a determination no later than 90 days after receipt of the complete Noti�cation; however, under no circumstances shall the proposed test proceed until the submitter has received notice from EPA of its approval of such test. (b) For each Noti�cation, EPA may make the following determinations: (1) Require additional information from the submitter to assess the proposed test adequately. (2) Approve the proposed test. 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 22/23 § 172.52 Noti�ication exemption process. (3) Approve the proposed test provided that the submitter makes certain modi�cations to the test proposal. (4) Require an EUP for the test. (5) Disapprove the proposed test because of the potential for unreasonable adverse effects. Such disapproval by EPA shall be considered the equivalent of denial of an EUP and the remedies for such denial provided by § 172.10 are available to the submitter. (c) If the proposed test is approved by EPA, then the submitter shall perform the test in the same manner described in the Noti�cation, subject to any requirements imposed under paragraph (b)(3) of this section. (a) Initiation of the exemption process. Pesticides may be added to the list of exemptions in § 172.45(d) by rule at EPA's initiative or in response to a petition submitted in accordance with paragraph (b) of this section. (b) Petitions for exemption from the requirement for a Noti�cation (1) Who may submit a petition. Any person may submit a petition requesting an exemption from the noti�cation requirements of this subpart for a speci�c microbial pesticide or class of microbial pesticides. (2) Where to submit a petition. All petitions shall be submitted to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b). (3) Content of petition. Each petition shall contain the following: (i) Name and address of petitioner and name, address, and telephone number of a person who may be contacted for further information. (ii) Description of the exemption requested, including the speci�c microbial pesticide or class of microbial pesticides to be tested under the petition for exemption. (iii) Basis for the petitioner's contention that the speci�c microbial pesticide or class of microbial pesticides meet the criteria of § 172.3 for small-scale tests of pesticides that do not require an EUP. (iv) Discussion of the extent to which the microbial pesticide or class of microbial pesticides covered by the petition differ from microbial pesticides that are already registered or subject to an EUP under the Act. (4) Administrative action on a petition. EPA will review and evaluate petitions as expeditiously as possible and may request further information from the petitioner to assess the proposed exemption adequately. No later than 180 days after the submission of a petition, or 90 days after the last submission of additional information by the petitioner, whichever is later, EPA will take one of the following actions with respect to the petition: (i) Grant the petition and publish a notice of proposed rulemaking in the FEDERAL REGISTER for a 45-day comment period proposing the exemption requested by the petitioner. https://www.ecfr.gov/current/title-40/section-172.10 https://www.ecfr.gov/current/title-40/section-172.50#p-172.50(b)(3) https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(d) https://www.ecfr.gov/current/title-40/section-172.52#p-172.52(b) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) https://www.ecfr.gov/current/title-40/section-172.3 9/16/21, 2:58 PM eCFR :: 40 CFR Part 172 -- Experimental Use Permits https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172 23/23 [59 FR 45612, Sept. 1, 1994, as amended at 71 FR 35546, June 21, 2006] § 172.57 Submission of information regarding potential unreasonable adverse e�ects. Any person using a microbial pesticide in small-scale testing covered by this subpart who obtains information regarding potential unreasonable adverse effects on health or the environment must within 30 days of receipt of such information submit the information to EPA, unless the person has actual knowledge that EPA has been adequately informed of such information. The requirement to submit information applies both to those microbial pesticides subject to the noti�cation requirements under § 172.45(c) and those that are exempt under § 172.45(d). § 172.59 Enforcement. (ii) Grant the petition and publish a notice of proposed rulemaking in the FEDERAL REGISTER for a 45-day comment period proposing an exemption under such terms and conditions as EPA deems appropriate. (iii) Deny the petition and provide the petitioner with a written explanation of EPA's decision. (5) Con�dential business information (CBI) claims. To assert a claim of con�dentiality, the petitioner must comply with the applicable procedures in § 172.46(d). (6) Supplements, amendments, and withdrawals. The petitioner may supplement, amend, or withdraw his or her petition in writing without EPA approval at any time prior to the granting or denial of the petition under paragraph (b)(4) of this section. The withdrawal of a petition shall be without prejudice to the resubmission of the petition at a later date. (a) Imminent threat of substantial harm to health or the environment. The use of a microbial pesticide in small-scale testing covered by this subpart (whether subject to the noti�cation requirements of § 172.45(c) or exempt under § 172.45(d)) in a manner that creates an imminent threat of substantial harm to health or the environment is prohibited, and is considered a violation of section 12(a)(2)(S) of the Act. (b) EPA response to violations. Under section 14 of the Act, EPA may seek civil or criminal penalties for violations of the Act. Failure to comply with the regulations in this part could result in civil or criminal penalties. Moreover, under sections 14 and 16(c) of the Act, EPA may at any time take appropriate action against violators to prevent or otherwise restrain use of a microbial pesticide in small-scale testing if it is determined that: (1) Such use would create an imminent threat of substantial harm to health or the environment that is prohibited under paragraph (a) of this section; or (2) The terms or conditions on which approval of the testing was granted under this subpart C are violated. https://www.federalregister.gov/citation/59-FR-45612 https://www.federalregister.gov/citation/71-FR-35546 https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(c) https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(d) https://www.ecfr.gov/current/title-40/section-172.46#p-172.46(d) https://www.ecfr.gov/current/title-40/section-172.52#p-172.52(b)(4) https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(c) https://www.ecfr.gov/current/title-40/section-172.45#p-172.45(d) https://www.ecfr.gov/current/title-40/section-172.59#p-172.59(a) 9/16/21, 2:59 PM eCFR :: 40 CFR Part 173 -- Procedures Governing the Rescission of State Primary Enforcement Responsibility for Pesticide Use … https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-173 1/4 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 173 - PROCEDURES GOVERNING THE RESCISSION OF STATE PRIMARY ENFORCEMENT RESPONSIBILITY FOR PESTICIDE USE VIOLATIONS Authority: 7 U.S.C. 136w and 136w-2. Source: 46 FR 26059, May 11, 1981, unless otherwise noted. § 173.1 Applicability. These procedures govern any proceeding to rescind a State's primary enforcement responsibility for pesticide use violations conducted under section 27(b) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (FIFRA), 7 U.S.C. 136 et seq. § 173.2 De�initions. For purposes of this part: View table of contents for this page (a) Administrator means the Administrator of the United States Environmental Protection Agency or his delegate. (b) Notice of intent to rescind means a notice to a State issued under § 173.3 which initiates a proceeding to rescind the State's primary enforcement responsibility for pesticide use violations. (c) State means the agency or agencies primarily responsible for enforcing pesticide use laws or regulations within the State or jurisdiction undergoing rescission proceedings. (d) Party to the proceeding shall mean the State or the Agency's O�ce of Enforcement. (e) Presiding O�cer means an attorney appointed by the Administrator to conduct the rescission proceeding. The Presiding O�cer shall be an employee or representative of the Agency and shall not have had prior direct connection with the speci�c proceeding except in circumstances where subsequent hearings are in order. ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.govinfo.gov/link/uscode/7/136 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-173 https://www.ecfr.gov/current/title-40/section-173.3 9/16/21, 2:59 PM eCFR :: 40 CFR Part 173 -- Procedures Governing the Rescission of State Primary Enforcement Responsibility for Pesticide Use … https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-173 2/4 § 173.3 Initiation of rescission proceedings. § 173.4 Informal conference and settlement. § 173.5 Request for hearing. A State may request a hearing before a Presiding O�cer not later than sixty (60) days after receipt of a notice of intent to rescind. (a) Whenever the Administrator determines that a State having primary enforcement responsibility for pesticide use violations is not carrying out such responsibility, or cannot carry out such responsibility due to the lack of adequate legal authority, the Administrator shall notify the State in writing of his intent to rescind its primary enforcement responsibility, in whole or in part, by serving upon the State a notice of intent to rescind. (b) The notice of intent to rescind shall: (1) Specify those aspects of the State's pesticide use enforcement program determined to be inadequate; (2) Specify the facts which underlie the �ndings contained in the rescission notice; (3) Have attached thereto copies of any relevant documents discoverable under the Federal Rules of Civil Procedure and the Freedom of Information Act which contain data relied upon by the Administrator in making his decision to issue the notice; (4) Have attached thereto a copy of this part; and (5) Be sent to the State by certi�ed mail, return receipt requested. (c) The State may respond in writing to the �ndings speci�ed in the notice of intent to rescind. (a) After receipt of a notice of intent to rescind, the State may request that an informal conference be held between appropriate State and EPA o�cials to discuss the �ndings made in the notice of intent to rescind. The informal conference shall then be held in the State. If the Administrator �nds, on the basis of information submitted by the State at the conference, that the de�ciencies speci�ed in the notice did not exist or were corrected by the State, the Administrator shall issue an order withdrawing the notice of intent to rescind and terminating the rescission proceeding. (b) At any time after receipt of a notice of intent to rescind and before the issuance of a �nal order, the State and EPA may resolve the issues raised in the notice by agreement. Any settlement agreement shall be in writing and signed by the parties and shall: (1) Detail the de�ciencies found in the State program; (2) Specify the steps the State has taken or will take to remedy the de�ciencies; and (3) Set forth a precise schedule for each remedial action yet to be initiated. (c) If a written agreement is signed by the parties, the Administrator shall issue an order withdrawing the notice of intent to rescind and terminating the rescission proceeding. If the State does not comply with the terms of the settlement agreement, the Administrator may reissue the notice of intent to rescind. 9/16/21, 2:59 PM eCFR :: 40 CFR Part 173 -- Procedures Governing the Rescission of State Primary Enforcement Responsibility for Pesticide Use … https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-173 3/4 § 173.6 Publication of the notice; scheduling the hearing. § 173.7 Hearing and recommended decision. (a) If the Administrator has not issued an order terminating the rescission proceeding within sixty (60) days after service of the notice of intent to rescind upon the State, the Administrator shall publish the notice of intent to rescind in the FEDERAL REGISTER. The Administrator may modify the original notice of intent to rescind before its publication by deleting those de�ciencies listed in the original notice which have been corrected or which were shown not to have existed. The public may submit comments upon the matters speci�ed in the published notice of intent to rescind within the time speci�ed therein. (b) Concurrently with the publication of the notice of intent to rescind, the Administrator shall schedule a hearing in the State if one has been requested by the State. The date, time, and location of the hearing shall be published in the FEDERAL REGISTER along with the notice of intent to rescind. (c) If a hearing is requested and the Administrator has not issued an order terminating the rescission proceeding, the Administrator shall provide for a hearing as scheduled. Representatives of the State, EPA, and the public may present evidence at the hearing. The Administrator shall appoint a Presiding O�cer who shall preside over the hearing and make a recommended decision regarding the adequacy of the State's pesticide use enforcement program. The Administrator, after consultation with the State, may prescribe additional procedures governing the conduct of the hearing. (d) If a termination order is issued or the hearing is rescheduled after the notice of intent to rescind is published in the FEDERAL REGISTER, such order or notice rescheduling the hearing shall also be published in the FEDERAL REGISTER. (a) The Presiding O�cer shall: (1) Conduct a fair and impartial hearing, without unnecessary delay; (2) Ensure that the facts are fully elicited; and (3) Consider all evidence, comment, and argument which is submitted by persons who will be affected by the outcome of the proceeding and which is not irrelevant, immaterial, unduly repetitious, or otherwise unreliable or of little probative value. The Presiding O�cer may require any prospective witness to make available, in advance of the hearing, a brief summary of his or her testimony. (b) If, following the close of the hearing, the Presiding O�cer �nds that the State has corrected, or has agreed in writing to correct, the de�ciencies speci�ed in the notice of intent to rescind or has shown that such de�ciencies do not exist, the Presiding O�cer shall issue a decision recommending that the notice of intent to rescind be withdrawn and that the rescission proceeding be terminated. (c) If, following the close of the hearing, the Presiding O�cer �nds that the State has not corrected the de�ciencies in its program, the Presiding O�cer shall issue a decision recommending that the State's primary enforcement responsibility for pesticide use violations be rescinded in whole or in part. (d) The recommended decision of the Presiding O�cer shall become �nal Agency action forty-�ve (45) days after its service upon the parties and without further proceedings unless 9/16/21, 2:59 PM eCFR :: 40 CFR Part 173 -- Procedures Governing the Rescission of State Primary Enforcement Responsibility for Pesticide Use … https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-173 4/4 § 173.8 Final order. § 173.9 Judicial review. The State may appeal an order rescinding, in whole or in part, its primary enforcement responsibility for pesticide use violations to the appropriate federal court pursuant to section 16 of FIFRA. (1) an appeal to the Administrator is taken from it by a party to the proceeding, or (2) the Administrator elects, sua sponte, to review the recommended decision. (a) If the State does not request a hearing within the sixty-day time period and the Administrator has not issued an order withdrawing the notice of intent to rescind, the Administrator shall issue a �nal order as soon as practicable after the time for public comment on the notice of intent to rescind has elapsed. The �nal order shall either withdraw the notice of intent to rescind and terminate the proceeding or rescind, in whole or in part, the State's primary enforcement responsibility for pesticide use violations. (b) If a hearing has been held and the Presiding O�cer has made a recommended decision, then either the O�ce of Enforcement or the State may appeal the recommended decision to the Administrator or the Administrator may elect to review the recommended decision on his own initiative. (c) After an appeal or sua sponte review the Administrator shall issue a �nal order terminating the rescission proceeding or rescinding, in whole or in part, the State's primary enforcement responsibility for pesticide use violations. (d) In no event may the Administrator issue his �nal decision sooner than ninety (90) days after service of the notice of intent to rescind on a State. (e) Any �nal order, or a recommended decision which becomes a �nal order under § 173.7(c), shall be published in the FEDERAL REGISTER. https://www.ecfr.gov/current/title-40/section-173.7#p-173.7(c) 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 1/14 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  There have been changes in the last two weeks to Part 174. Title 40 PART 174 - PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS Authority: 7 U.S.C. 136-136y; 21 U.S.C. 321(q), 346a and 371. Source: 66 FR 37814, July 19, 2001, unless otherwise noted. Subpart A - General Provisions § 174.1 Scope and purpose. The characteristics of plant-incorporated protectants such as their production and use in plants, their biological properties, and their ability to spread and increase in quantity in the environment distinguish them from traditional chemical pesticides. Therefore, plant-incorporated protectants are subject to some different regulatory requirements and procedures than traditional chemical pesticides. This part sets forth regulatory requirements, criteria, and procedures applicable to plant incorporated protectants under FIFRA and FFDCA. When applied to plant-incorporated protectants, the de�nitions and regulations in this part supersede the regulations found in parts 150 through 180 of this chapter to the extent that the regulations con�ict. Unless otherwise superseded by this part, the regulations in parts 150 through 180 of this chapter apply to plant-incorporated protectants. § 174.3 De�initions. Terms used in this part have the same meaning as in FIFRA. In addition, the following terms have the meaning set forth in this section. Active ingredient means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for the production of such a pesticidal substance. Administrator means the Administrator of the United States Environmental Protection Agency or his/her delegate. View table of contents for this page ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/part-150 https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/part-150 https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 2/14 Bridging crosses between plants means the utilization of an intermediate plant in a cross to produce a viable zygote between the intermediate plant and a �rst plant, in order to cross the plant resulting from that zygote with a third plant that would not otherwise be able to produce viable zygotes from the fusion of its gametes with those of the �rst plant. The result of the bridging cross is the mixing of genetic material of the �rst and third plant through the formation of an intermediate zygote. Cell fusion means the fusion in vitro of two or more cells or protoplasts. Conventional breeding of plants means the creation of progeny through either: The union of gametes, i.e., syngamy, brought together through processes such as pollination, including bridging crosses between plants and wide crosses, or vegetative reproduction. It does not include use of any of the following technologies: Recombinant DNA; other techniques wherein the genetic material is extracted from an organism and introduced into the genome of the recipient plant through, for example, micro-injection, macro-injection, micro-encapsulation; or cell fusion. EPA means the United States Environmental Protection Agency. Exudate means a substance gradually discharged or secreted across intact cellular membranes or cell walls and present in the intercellular spaces or on the exterior surfaces of the plant. FFDCA means the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.). FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et seq.). Food includes articles used for food or drink by humans or other animals. Food plant means a plant which either in part or in toto, is used as food. Genetic material necessary for the production means both: Genetic material that encodes a substance or leads to the production of a substance; and regulatory regions. It does not include noncoding, nonexpressed nucleotide sequences. Genome means the sum of the heritable genetic material in the plant, including genetic material in the nucleus and organelles. In a living plant means inside the living plant, on the surface of the living plant, or as an exudate from the living plant. Inert ingredient, means any substance, such as a selectable marker, other than the active ingredient, where the substance is used to con�rm or ensure the presence of the active ingredient, and includes the genetic material necessary for the production of the substance, provided that genetic material is intentionally introduced into a living plant in addition to the active ingredient. Living plant means a plant, plant organ, or plant part that is alive, viable, or dormant. Examples of plant parts include, but are not limited to, seeds, fruits, leaves, roots, stems, �owers, and pollen. Noncoding, nonexpressed nucleotide sequences means the nucleotide sequences are not transcribed and are not involved in gene expression. Examples of noncoding, nonexpressed nucleotide sequences include, but are not limited to, linkers, adapters, homopolymers, and sequences of restriction enzyme recognition sites. https://www.govinfo.gov/link/uscode/21/321 https://www.govinfo.gov/link/uscode/7/136 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 3/14 Nucleic acids means ribosides or deoxyribosides of adenine, thymine, guanine, cytosine, and uracil; polymers of the deoxyribose-5′-monophosphates of thymine, cytosine, guanine, and adenine linked by successive 3′-5′ phosphodiester bonds (also known as deoxyribonucleic acid); and polymers of the ribose-5′-monophosphates of uracil, cytosine, guanine, and adenine linked by successive 3′-5′ phosphodiester bonds (also known as ribonucleic acid). The term does not apply to nucleic acid analogues (e.g., dideoxycytidine), or polymers containing nucleic acid analogues. Pesticidal substance, means a substance that is intended to be produced and used in a living plant, or in the produce thereof, for a pesticidal purpose, during any part of a plant's life cyle (e.g., in the embryo, seed, seedling, mature plant). Plant, for plant-incorporated protectants, means an organism classi�ed using the 5-kingdom classi�cation system of Whittaker in the kingdom Plantae. This includes, but is not limited to, bryophytes such as mosses, pteridophytes such as ferns, gymnosperms such as conifers, and angiosperms such as most major crop plants. Plant-incorporated protectant means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for production of such a pesticidal substance. It also includes any inert ingredient contained in the plant, or produce thereof. Produce thereof, when used with respect to plants containing plant- incorporated protectants only, means a product of a living plant containing a plant-incorporated protectant, where the pesticidal substance is intended to serve a pesticidal purpose after the product has been separated from the living plant. Examples of such products include, but are not limited to, agricultural produce, grains, and lumber. Products such as raw agricultural commodities bearing pesticide chemical residues are not “produce thereof” when the residues are not intended to serve a pesticidal purpose in the produce. Recipient plant means the living plant in which the plant-incorporated protectant is intended to be produced and used. Recombinant DNA means the genetic material has been manipulated in vitro through the use of restriction endonucleases and/or other enzymes that aid in modifying genetic material, and subsequently introduced into the genome of the plant. Regulatory region means genetic material that controls the expression of the genetic material that encodes a pesticidal substance or leads to the production of a pesticidal substance. Examples of regulatory regions include, but are not limited to, promoters, enhancers, and terminators. Sexually compatible, when referring to plants, means a viable zygote is formed only through the union of two gametes through conventional breeding. Source means the donor of the genetic material that encodes a pesticidal substance or leads to the production of a pesticidal substance. Vegetative reproduction means either: (1) In seed plants, reproduction by apomixis, or (2) In other plants, reproduction by fragmentation, or division of the somatic body. 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 4/14 Wide crosses means to facilitate the formation of viable zygotes through the use of surgical alteration of the plant pistil, bud pollination, mentor pollen, immunosuppressants, in vitro fertilization, pre-pollination and post-pollination hormone treatments, manipulation of chromosome numbers, embryo culture, or ovary and ovule cultures. § 174.9 Con�idential business information claims for plant-incorporated protectant submissions. Although it is strongly recommended that the submitter minimize the amount of data and other information claimed as Con�dential Business Information (CBI), a submitter may assert a claim of con�dentiality for all or part of the information submitted to EPA in a submission for a plant incorporated protectant. (See part 2, subpart B of this chapter.) To assert such a claim, the submitter must comply with all of the following procedures: Subpart B - Exemptions § 174.21 General quali�ications for exemptions. A plant-incorporated protectant is exempt from the requirements of FIFRA, other than the requirements of § 174.71, if it meets all of the following criteria: [66 FR 37814, July 19, 2001, as amended at 72 FR 20434, Apr. 25, 2007] § 174.25 Plant-incorporated protectant from sexually compatible plant. A plant-incorporated protectant is exempt if all of the following conditions are met: (a) Any claim of con�dentiality must accompany the information at the time the information is submitted to EPA. Failure to assert a claim at that time constitutes a waiver of con�dentiality for the information submitted, and the information may be made available to the public, subject to section 10(g) of FIFRA, with no further notice to the submitter. (b) Any claim of con�dentiality must be accompanied, at the time the claim is made, by comments substantiating the claim and explaining why the submitter believes that the information should not be disclosed. The submitter must address each of the points listed in § 2.204(e)(4) of this chapter in the substantiation. EPA will consider incomplete all plant-incorporated protectant submissions containing information claimed as CBI that are not accompanied by substantiation, and will suspend any applicable review of such submissions until the required substantiation is provided. (a) The plant-incorporated protectant meets the criteria listed in at least one of the sections in §§ 174.25 through 174.50. (b) When the plant-incorporated protectant is intended to be produced and used in a crop used as food, the residues of the plant-incorporated protectant are either exempted from the requirement of a tolerance under FFDCA (as amended, 21 U.S.C. 321 et seq.) as codi�ed at §§ 174.507 through 174.508, or no tolerance would otherwise be required for the plant-incorporated protectant. (c) Any inert ingredient that is part of the plant-incorporated protectant is on the list codi�ed at § 174.705. Plant-incorporated protectants that are not exempt from the requirements of FIFRA under this subpart are subject to all the requirements of FIFRA. https://www.ecfr.gov/current/title-40/part-2/subpart-B https://www.ecfr.gov/current/title-40/section-174.71 https://www.federalregister.gov/citation/66-FR-37814 https://www.federalregister.gov/citation/72-FR-20434 https://www.ecfr.gov/current/title-40/section-2.204#p-2.204(e)(4) https://www.ecfr.gov/current/title-40/section-174.25 https://www.ecfr.gov/current/title-40/section-174.50 https://www.govinfo.gov/link/uscode/21/321 https://www.ecfr.gov/current/title-40/section-174.507 https://www.ecfr.gov/current/title-40/section-174.508 https://www.ecfr.gov/current/title-40/section-174.705 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 5/14 Subpart C - Registration Procedures and Requirements [Reserved] Subpart D - Monitoring and Recordkeeping § 174.71 Submission of information regarding adverse e�ects. [66 FR 37814, July 19, 2001, as amended at 71 FR 35546, June 21, 2006] (a) The genetic material that encodes the pesticidal substance or leads to the production of the pesticidal substance is from a plant that is sexually compatible with the recipient plant. (b) The genetic material has never been derived from a source that is not sexually compatible with the recipient plant. (a) Any person who produces, for sale or distribution, a plant-incorporated protectant exempt under subpart B of this part, who obtains any information regarding adverse effects on human health or the environment alleged to have been caused by the plant-incorporated protectant must submit such information to EPA. This requirement does not apply to any person who does not produce a plant-incorporated protectant exempt under subpart B of this part. This may include, for example, researchers performing �eld experiments, breeders making crosses among plant varieties with the goal of developing new plant varieties, or a person who only sells propagative materials (e.g., seed) to farmers without producing the propagative materials themselves. EPA must receive the report within 30 calendar days of the date the producer �rst possesses or knows of the information. (b) Adverse effects on human health or the environment for purposes of plant-incorporated protectant means at a minimum information about incidents affecting humans or other nontarget organisms where both: (1) The producer is aware, or has been informed, that a person or nontarget organism allegedly suffered a toxic or adverse effect due to exposure to (e.g., ingestion of) a plant-incorporated protectant. (2) The producer has or could reasonably obtain information concerning where the incident occurred. (c) All of the following information, if available, must be included in a report. (1) Name of reporter, address, and telephone number. (2) Name, address, and telephone of contact person (if different than reporter). (3) Description of incident. (4) Date producer became aware of incident. (5) Date of incident. (6) Location of incident. (d) Reports and questions should be submitted to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b). https://www.federalregister.gov/citation/66-FR-37814 https://www.federalregister.gov/citation/71-FR-35546 https://www.ecfr.gov/current/title-40/part-174/subpart-B https://www.ecfr.gov/current/title-40/part-174/subpart-B https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 6/14 Subparts E-F [Reserved] Subpart G - Labeling [Reserved] Subpart H - Data Requirements [Reserved] Subpart I [Reserved] Subpart J - Good Laboratory Practices [Reserved] Subpart K - Export Requirements [Reserved] Subparts L-T [Reserved] Subpart U - Experimental Use Permits [Reserved] Subpart V [Reserved] Subpart W - Tolerances and Tolerance Exemptions § 174.500 Scope and purpose. This subpart lists the tolerances and exemptions from the requirement of a tolerance for residues of plant-incorporated protectants in or on food commodities. [72 FR 20434, Apr. 25, 2007] § 174.501 Bacillus thuringiensis Vip3Aa protein in corn and cotton; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis Vip3Aa proteins in or on corn or cotton are exempt from the requirement of a tolerance when used as plant-incorporated protectants in or on the food and feed commodities of corn; corn, �eld; corn, sweet; corn, pop; and cotton; cotton, undelinted seed; cotton, re�ned oil; cotton, meal; cotton, hay; cotton, hulls; cotton, forage; and cotton, gin byproducts. [73 FR 45624, Aug. 6, 2008] § 174.502 Bacillus thuringiensis Cry1A.105 protein; exemption from the requirement of a tolerance. (a) Residues of Bacillus thuringiensis Cry1A.105 protein in or on the food and feed commodities of corn; corn, �eld, �our; corn, �eld, forage; corn, �eld, grain; corn, �eld, grits; corn, �eld, meal; corn, �eld, re�ned oil; corn, �eld, stover; corn, sweet, forage; corn, sweet, kernel plus cob with husk removed; corn, sweet, stover; and corn, pop, grain and corn, pop, https://www.federalregister.gov/citation/72-FR-20434 https://www.federalregister.gov/citation/73-FR-45624 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 7/14 [74 FR 39543, Aug. 7, 2009, as amended at 80 FR 25950, May 6, 2015] § 174.504 Bacillus thuringiensis Cry1F protein; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis Cry1F protein in the food and feed commodities of corn, �eld; corn, sweet; corn, pop; cotton; and soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in corn, �eld; corn, sweet; corn, pop; cotton, and soybean. [79 FR 8295, Feb. 12, 2014] § 174.505 Bacillus thuringiensis modi�ied Cry3A protein (mCry3A) in corn; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis modi�ed Cry3A protein (mCry3A) in corn are exempt from the requirement of a tolerance when used as plant-incorporated protectant in the food and feed commodities of corn; corn, �eld; corn, sweet; and corn, pop. [72 FR 20434, Apr. 25, 2007] § 174.506 Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins in corn; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins in corn are exempted from the requirement of a tolerance when used as plant-incorporated protectants in the food and feed commodities of corn; corn, �eld; corn, sweet; and corn, pop. [72 FR 20434, Apr. 25, 2007] § 174.507 Nucleic acids that are part of a plant-incorporated protectant; exemption from the requirement of a tolerance. Residues of nucleic acids that are part of a plant-incorporated protectant are exempt from the requirement of a tolerance. [66 FR 37830, July 19, 2001. Redesignated at 72 FR 20434, April 25, 2007] § 174.508 Pesticidal substance from sexually compatible plant; exemption from the requirement of a tolerance. stover are exempt from the requirement of a tolerance when the Bacillus thuringiensis Cry1A.105 protein is used as a plant-incorporated protectant in these food and feed corn commodities. (b) Residues of Bacillus thuringiensis Cry1A.105 protein in or on soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in the food and feed commodities of soybean. https://www.federalregister.gov/citation/74-FR-39543 https://www.federalregister.gov/citation/80-FR-25950 https://www.federalregister.gov/citation/79-FR-8295 https://www.federalregister.gov/citation/72-FR-20434 https://www.federalregister.gov/citation/72-FR-20434 https://www.federalregister.gov/citation/66-FR-37830 https://www.federalregister.gov/citation/72-FR-20434 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 8/14 Residues of a pesticidal substance that is part of a plant-incorporated protectant from a sexually compatible plant are exempt from the requirement of a tolerance if all the following conditions are met: [66 FR 37854, July 19, 2001. Redesignated at 72 FR 20434, April 25, 2007] § 174.509 Bacillus thuringiensis Cry3A protein; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis Cry3A protein are exempted from the requirement of a tolerance when used as a plant-incorporated protectant in potatoes. [72 FR 20435, Apr. 25, 2007] § 174.510 Bacillus thuringiensis Cry1Ac protein in all plants; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis Cry1Ac protein in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectants in all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.511 Bacillus thuringiensis Cry1Ab protein in all plants; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis Cry1Ab protein in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectants in all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.512 Coat Protein of Potato Virus Y; exemption from the requirement of a tolerance. Residues of Coat Protein of Potato Virus Y are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.513 Potato Leaf Roll Virus Resistance Gene (also known as orf1/orf2 gene); exemption from the requirement of a tolerance. (a) The genetic material that encodes for the pesticidal substance or leads to the production of the pesticidal substance is from a plant that is sexually compatible with the recipient food plant. (b) The genetic material has never been derived from a source that is not sexually compatible with the recipient food plant. (c) The residues of the pesticidal substance are not present in food from the plant at levels that are injurious or deleterious to human health. https://www.federalregister.gov/citation/66-FR-37854 https://www.federalregister.gov/citation/72-FR-20434 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 9/14 An exemption from the requirement of a tolerance is established for residues of the plant incorporated protectant Potato Leaf Roll Virus Resistance Gene (also known as orf1/orf2 gene) in or on all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.514 Coat Protein of Watermelon Mosaic Virus-2 and Zucchini Yellow Mosaic Virus; exemption from the requirement for a tolerance. Residues of Coat Protein of Watermelon Mosaic Virus-2 and Zucchini Yellow Mosaic Virus are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.515 Coat Protein of Papaya Ringspot Virus; exemption from the requirement of a tolerance. Residues of Coat Protein of Papaya Ringspot Virus are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.516 Coat protein of cucumber mosaic virus; exemption from the requirement of a tolerance. Residues of Coat Protein of Cucumber Mosaic Virus are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.517 Bacillus thuringiensis Cry9C protein in corn; exemption from the requirement of a tolerance. The plant-incorporated protectant Bacillus thuringiensis Cry9C protein in corn is exempted from the requirement of a tolerance for residues, only in corn used for feed; as well as in meat, poultry, milk, or eggs resulting from animals fed such feed. [72 FR 20435, Apr. 25, 2007] § 174.518 Bacillus thuringiensis Cry3Bb1 protein in corn; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis Cry3Bb1 protein in corn are exempt from the requirement of a tolerance when used as plant-incorporated protectants in the food and feed commodities of corn; corn, �eld; corn, sweet; and corn, pop. [72 FR 20435, Apr. 25, 2007] https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 10/14 § 174.519 Bacillus thuringiensis Cry2Ab2 protein; exemption from the requirement of a tolerance. [80 FR 25604, May 5, 2015] § 174.521 Neomycin phosphotransferase II; exemption from the requirement of a tolerance. Residues of the neomycin phosphotransferase II (NPTII) enzyme are exempted from the requirement of a tolerance in all food commodities when used as a plant-incorporated protectant inert ingredient. [72 FR 20435, Apr. 25, 2007] § 174.522 Phosphinothricin Acetyltransferase (PAT); exemption from the requirement of a tolerance. Residues of the Phosphinothricin Acetyltransferase (PAT) enzyme are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.523 CP4 Enolpyruvylshikimate-3-phosphate (CP4 EPSPS) synthase in all plants; exemption from the requirement of a tolerance. Residues of the CP4 Enolpyruvylshikimate-3-phosphate (CP4 EPSPS) synthase enzyme in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.524 Glyphosate Oxidoreductase GOX or GOXv247 in all plants; exemption from the requirement of a tolerance. Residues of the Glyphosate Oxidoreductase GOX or GOXv247 enzyme in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities. [72 FR 20435, Apr. 25, 2007] (a) Residues of Bacillus thuringiensis Cry2Ab2 protein in or on corn or cotton are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in the food and feed commodities of corn; corn, �eld; corn, sweet; corn, pop; and cotton seed, cotton oil, cotton meal, cotton hay, cotton hulls, cotton forage, and cotton gin byproducts. (b) Residues of Bacillus thuringiensis Cry2Ab2 protein in or on soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in the food and feed commodities of soybean. https://www.federalregister.gov/citation/80-FR-25604 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 11/14 § 174.525 E. coli B-D-glucuronidase enzyme as a plant-incorporated protectant inert ingredient; exemption from the requirement of a tolerance. Residues of E. coli B-D-glucuronidase enzyme are exempt from the requirement of a tolerance when used as a plant-incorporated protectant inert ingredient in all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.526 Hygromycin B phosphotransferase (APH4) marker protein in all plants; exemption from the requirement of a tolerance. Residues of the Hygromycin B phosphotransferase (APH4) enzyme in all plants are exempt from the requirement of a tolerance when used as a plant-incorporated protectant inert ingredient in cotton. [72 FR 20435, Apr. 25, 2007] § 174.527 Phosphomannose isomerase in all plants; exemption from the requirement of a tolerance. Residues of the phosphomannose isomerase (PMI) enzyme in plants are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities. [72 FR 20435, Apr. 25, 2007] § 174.529 Bacillus thuringiensis modi�ied Cry1Ab protein as identi�ied under OECD Unique Identi�ier SYN-IR67B-1 in cotton; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis modi�ed Cry1Ab protein as identi�ed under OECD Unique Identi�er SYN-IR67B-1 are exempt from the requirement of a tolerance when used as a plant incorporated protectant in cotton; cotton, undelinted seed; cotton, re�ned oil; cotton, meal; cotton, hay; cotton, hulls; cotton, forage; and cotton, gin byproducts. [73 FR 40764, July 16, 2008] § 174.530 Bacillus thuringiensis Cry2Ae protein in cotton; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis Cry2Ae protein in or on the food and feed commodities of cotton; cotton, undelinted seed; cotton, gin byproducts; cotton, forage; cotton, hay; cotton, hulls; cotton, meal; and cotton, re�ned oil, are exempt from the requirement of a tolerance when Bacillus thuringiensis Cry2Ae protein is used as a plant-incorporated protectant in cotton. [77 FR 6475, Feb. 8, 2012] § 174.531 Coat protein of plum pox virus; exemption from the requirement of a tolerance. https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/72-FR-20435 https://www.federalregister.gov/citation/73-FR-40764 https://www.federalregister.gov/citation/77-FR-6475 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 12/14 Residues of the coat protein of plum pox virus in or on the food commodities of fruit, stone, Group 12; and almond, are exempt from the requirement of a tolerance in these food commodities when expressed by the plant-incorporated protectant, coat protein gene of plum pox virus, and used in accordance with good agricultural practices. [75 FR 29435, May 26, 2010] § 174.532 Bacillus thuringiensis eCry3.1Ab protein in corn; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis eCry3.1Ab protein in corn, in or on the food and feed commodities of corn; corn, �eld; corn, sweet; and corn, pop are exempt from the requirement of a tolerance when Bacillus thuringiensis eCry3.1Ab protein in corn is used as a plant-incorporated protectant. [77 FR 47291, Aug. 8, 2012] § 174.533 Glycine max Herbicide-Resistant Acetolactate Synthase (GM-HRA) inert ingredient; exemption from the requirement of a tolerance. Residues of Glycine max herbicide-resistant acetolactate synthase (GM-HRA) enzyme in or on the food and feed commodities of soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant inert ingredient. [78 FR 9321, Feb. 8, 2013] § 174.534 VNT1 protein; exemption from the requirement of a tolerance. Residues of VNT1 protein in potato are exempt from the requirement of a tolerance when the Rpi vnt1 gene that express the VNT1 protein is used as a plant-incorporated protectant in potato. [82 FR 11515, Feb. 24, 2017] § 174.535 Spinach Defensin proteins; temporary exemption from the requirement of a tolerance. Residues of the defensin proteins SoD2, SoD2*, SoD7, and SoD8 derived from spinach (Spinacia oleracea L.) in or on citrus food commodities are temporarily exempt from the requirement of a tolerance when used as a plant-incorporated protectant in citrus plants in accordance with the terms of Experimental Use Permit No. 88232-EUP-1. This temporary exemption from the requirement of a tolerance expires on May 31, 2025. [86 FR 51004, Sept. 14, 2021] § 174.536 Bacillus thuringiensis mCry51Aa2 protein in cotton; temporary exemption from the requirement of a tolerance. Residues of the protein mCry51Aa2 in or on the food and feed commodities of cotton: Cotton, undelinted seed; cotton, gin byproducts; cotton, forage; cotton, hay; cotton, hulls; cotton, meal; and cotton, re�ned oil are temporarily exempt from the requirement of a tolerance when used as a plant https://www.federalregister.gov/citation/75-FR-29435 https://www.federalregister.gov/citation/77-FR-47291 https://www.federalregister.gov/citation/78-FR-9321 https://www.federalregister.gov/citation/82-FR-11515 https://www.federalregister.gov/citation/86-FR-51004 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 13/14 incorporated protectant in cotton plants in accordance with the terms of Experimental Use Permit No. 524-EUP-108. This temporary exemption from the requirement of a tolerance expires on February 28, 2019. [82 FR 18230, Apr. 18, 2017] § 174.537 HPPD-4 protein; exemption from the requirement of a tolerance. Residues of the HPPD-4 protein, which is a modi�ed protein derived from the 4 hydroxyphenylpyruvate dioxygenase enzyme of Pseudomonas �uorescens, in or on all food commodities are exempt from the requirement of a tolerance, when the HPPD-4 protein is used as a plant-incorporated protectant inert ingredient. [82 FR 57140, Dec. 4, 2017] § 174.539 Cry51Aa2.834 16 protein; exemption from the requirement of a tolerance. Residues of the Cry51Aa2.834 16 protein, which is a modi�ed protein derived from the Cry51Aa2 protein of Bacillus thuringiensis, in or on cotton are exempt from the requirement of a tolerance, when the Cry51Aa2.834 16 protein is used as a plant-incorporated protectant. [83 FR 3603, Jan. 26, 2018] § 174.540 Bacillus thuringiensis Cry14Ab-1 protein; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis Cry14Ab-1 protein in or on soybean food and feed commodities are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in soybean. [85 FR 35008, June 8, 2020] § 174.542 Bacillus thuringiensis Cry1Ab/Cry2Aj protein in corn; exemption from the requirement of a tolerance. Residues of Bacillus thuringiensis Cry1Ab/Cry2Aj protein in or on the food or feed commodities of corn, �eld; corn, sweet; and corn, pop, are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in corn. [86 FR 3830, Jan. 15, 2021] § 174.543 G10evo-EPSPS protein in all plants; exemption from the requirement of a tolerance. Residues of G10evo-Enolpyruvylshikimate-3-phosphate synthase (G10evo-EPSPS) protein in or on all food or feed commodities, are exempt from the requirement of a tolerance when used as an inert ingredient in a plant-incorporated protectant. [86 FR 3830, Jan. 15, 2021] https://www.federalregister.gov/citation/82-FR-18230 https://www.federalregister.gov/citation/82-FR-57140 https://www.federalregister.gov/citation/83-FR-3603 https://www.federalregister.gov/citation/85-FR-35008 https://www.federalregister.gov/citation/86-FR-3830 https://www.federalregister.gov/citation/86-FR-3830 9/16/21, 2:59 PM eCFR :: 40 CFR Part 174 -- Procedures and Requirements for Plant-Incorporated Protectants https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174 14/14 Subpart X - List of Approved Inert Ingredients ยง 174.700 Scope and purpose. This subpart lists the inert ingredients that have been exempted from FIFRA and FFDCA section 408 requirements and may be used in a plant-incorporated protectant listed in subpart B of this part. [66 FR 37814, July 19, 2001. Redesignated at 72 FR 20434, Apr. 25, 2007] ยง 174.705 Inert ingredients from sexually compatible plant. An inert ingredient, and residues of the inert ingredient, are exempt if all of the following conditions are met: [66 FR 37814, July 19, 2001. Redesignated at 72 FR 20434, Apr. 25, 2007] Subparts Y-Z [Reserved] (a) The genetic material that encodes the inert ingredient or leads to the production of the inert ingredient is derived from a plant sexually compatible with the recipient food plant. (b) The genetic material has never been derived from a source that is not sexually compatible with the recipient food plant. (c) The residues of the inert ingredient are not present in food from the plant at levels that are injurious or deleterious to human health. https://www.ecfr.gov/current/title-40/part-174/subpart-B https://www.federalregister.gov/citation/66-FR-37814 https://www.federalregister.gov/citation/72-FR-20434 https://www.federalregister.gov/citation/66-FR-37814 https://www.federalregister.gov/citation/72-FR-20434 9/16/21, 3:00 PM eCFR :: 40 CFR Part 176 -- Time-Limited Tolerances for Emergency Exemptions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-176 1/3 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 176 - TIME-LIMITED TOLERANCES FOR EMERGENCY EXEMPTIONS Authority: 21 U.S.C. 346a and 371. Source: 65 FR 64131, Oct. 25, 2000, unless otherwise noted. § 176.1 Scope and applicability. This part describes the procedures and criteria under which EPA will establish time-limited tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues associated with use of pesticides under emergency or crisis exemptions under FIFRA section 18. This part applies only to tolerances issued on the initiative of EPA as the result of the issuance of an emergency exemption or the declaration of a crisis exemption. This part does not cover time-limited tolerances in any other circumstances. § 176.3 De�initions. The terms have the same meaning as in the Federal Insecticide, Fungicide, and Rodenticide Act section 2, and in the Federal Food, Drug, and Cosmetic Act section 201 and § 166.3 of this chapter. In addition, the following terms are de�ned for the purposes of this part. Agency means the U.S. Environmental Protection Agency. Applicant means any entity authorized under section 18 of FIFRA to request an emergency exemption that requests such an exemption under § 166.20 of this chapter, or issues a crisis exemption under § 166.40 of this chapter. Crisis exemption means an exemption authorized under FIFRA section 18, in accordance with §§ 166.40 through 166.53 of this chapter. Emergency exemption means a speci�c, quarantine, or public health exemption authorized under FIFRA section 18 and the regulations at §§ 166.20 through 166.35 of this chapter. EPA means the U.S. Environmental Protection Agency. View table of contents for this page ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/section-166.3 https://www.ecfr.gov/current/title-40/section-166.20 https://www.ecfr.gov/current/title-40/section-166.40 https://www.ecfr.gov/current/title-40/section-166.40 https://www.ecfr.gov/current/title-40/section-166.53 https://www.ecfr.gov/current/title-40/section-166.20 https://www.ecfr.gov/current/title-40/section-166.35 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-176 9/16/21, 3:00 PM eCFR :: 40 CFR Part 176 -- Time-Limited Tolerances for Emergency Exemptions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-176 2/3 FFDCA means the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.). FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C 136 et seq.). Tolerance means the maximum amount of a pesticide chemical residue that may lawfully be present in or on a raw agricultural commodity, or processed food, or animal feed, expressed as parts per million by weight of the pesticide chemical residue in the food or feed. Tolerance exemption means a formal determination by the Agency pursuant to FFDCA section 408(c), 21 U.S.C 346a(c), that no tolerance is needed for a given pesticide chemical residue in or on a particular food commodity. For purposes of this part, the term “tolerance” shall include an exemption from the requirement of a tolerance. § 176.5 Establishment of a time-limited tolerance or exemption. EPA will establish a time-limited tolerance for pesticide chemical residues in or on raw or processed food or feed resulting from the use of a pesticide chemical, if EPA authorizes an emergency exemption or a crisis exemption. EPA will consider establishing such a tolerance only if an applicant acting under authority of FIFRA section 18 either has requested an emergency exemption, has stated its intention to issue a crisis exemption, or has issued a crisis exemption for a use that may result, directly or indirectly, in pesticide chemical residues in food or feed. § 176.7 Information needed to establish a tolerance. § 176.9 Publication of a tolerance. § 176.11 Duration of a tolerance. (a) EPA will establish a time-limited tolerance only if EPA can determine that the tolerance is safe, that is, there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue. EPA will base its determination upon data submitted by the applicant and other readily available data. If, taking into account the limited duration and emergency nature of a section 18 application, and based on the available data the Agency cannot conclude that there is a reasonable certainty that no harm will result from the use proposed by the applicant or granted pursuant to a crisis exemption, EPA will not establish a tolerance. (b) Data and other relevant information to support the establishment of a time-limited tolerance may be submitted by the applicant, or by any other person, in support of the time-limited tolerance. The applicant may also cite relevant data previously submitted to the Agency. (a) If EPA issues an emergency exemption or crisis exemption under FIFRA section 18, and EPA concludes that the tolerance for residues resulting from use of the pesticide under the exemption will be safe, then EPA will establish the tolerance by publishing an amendment to 40 CFR part 180 in the FEDERAL REGISTER. (b) A tolerance under this part may be established without prior publication of a proposed tolerance or comment period. (a) Tolerances issued under this part will become effective upon publication in the FEDERAL REGISTER, unless otherwise speci�ed by the Administrator. https://www.govinfo.gov/link/uscode/21/321 https://www.govinfo.gov/link/uscode/7/136 https://www.govinfo.gov/link/uscode/21/346a https://www.ecfr.gov/current/title-40/part-180 9/16/21, 3:00 PM eCFR :: 40 CFR Part 176 -- Time-Limited Tolerances for Emergency Exemptions https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-176 3/3 § 176.13 Modi�ication of a time-limited tolerance. If additional emergency or crisis exemptions are authorized that would extend use beyond the date originally authorized, or if EPA determines that the duration of a time-limited tolerance is insu�cient to allow treated commodities to clear the channels of trade, EPA may modify the time-limited tolerance by publication of a �nal rule in the FEDERAL REGISTER. EPA will use the same criteria and procedures for modi�cation as for establishing tolerances under this part. § 176.15 E�ect of a tolerance. The establishment of a tolerance under this part does not alter the requirement that any applicant comply with procedures established in part 166 of this chapter for emergency exemptions of FIFRA. (b) Unless extended, tolerances will automatically expire and be revoked, without further action by EPA, at the time set out in the �nal rule published in FEDERAL REGISTER. (c) The Administrator may revoke a tolerance at any time if the Administrator determines that the tolerance is no longer safe. https://www.ecfr.gov/current/title-40/part-166 9/16/21, 3:00 PM eCFR :: 40 CFR Part 178 -- Objections and Requests for Hearings https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-178 1/6 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 178 - OBJECTIONS AND REQUESTS FOR HEARINGS Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970. Source: 55 FR 50291, Dec. 5, 1990, unless otherwise noted. Subpart A - General Provisions § 178.3 De�initions. For the purposes of this part: Administrator means the Administrator of the Agency, or any o�cer or employee of the Agency to whom the Administrator delegates the authority to perform functions under this part. Agency means the United States Environmental Protection Agency. Assistant Administrator means the Agency's Assistant Administrator for Chemical Safety and Pollution Prevention, or any o�cer or employee of the Agency's O�ce of Chemical Safety and Pollution Prevention to whom the Assistant Administrator delegates the authority to perform functions under this part. FFDCA means the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 301-392. [55 FR 50291, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012] Subpart B - Procedures for Filing Objections and Requests for Hearing § 178.20 Right to submit objections and requests for a hearing. View table of contents for this page (a) On or before the 60th day after the date of publication in the FEDERAL REGISTER of an order under part 180 of this chapter establishing, modifying, or revoking a regulation, or denying all or any portion of a petition, a person adversely affected by such order or petition denial may submit, in accordance with § 178.25, one or more written objections to the order (or to the action that is the subject of the order). ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.govinfo.gov/link/uscode/21/301 https://www.federalregister.gov/citation/55-FR-50291 https://www.federalregister.gov/citation/57-FR-28087 https://www.federalregister.gov/citation/77-FR-46292 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-178 https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/section-178.25 9/16/21, 3:00 PM eCFR :: 40 CFR Part 178 -- Objections and Requests for Hearings https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-178 2/6 [55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005] § 178.25 Form and manner of submission of objections. [55 FR 50291, Dec. 5, 1990, as amended at 69 FR 39864, July 1, 2004; 70 FR 33359, June 8, 2005; 71 FR 35546, June 21, 2006] § 178.27 Form and manner of submission of request for evidentiary hearing. To be considered by the Administrator, a request for an evidentiary hearing must meet the criteria in § 178.32, and must: (b) A person may include with any such objection a written request for an evidentiary hearing on such objection in accordance with § 178.27 (c) A person who submits objections need not request a hearing. For instance, if the person's objections are of a purely legal or policy nature, a hearing request would be inappropriate; the purpose of an evidentiary hearing is to resolve factual disputes. The Administrator will rule on the objections, whether or not a hearing is requested. (d) As a matter of discretion, the Administrator may order a hearing on an objection even though no person has requested a hearing. (a) To be considered by the Administrator, an objection must: (1) Be in writing. (2) Specify with particularity the provision(s) of the order, regulation, or denial objected to, the basis for the objection(s), and the relief sought. (3) Be signed by the objector. (4) State the objector's name and mailing address. (5) Be accompanied by the fee prescribed by § 180.33(i) of this chapter, if the objection is to an order or regulation issued under part 180 of this chapter. (6) Be submitted to the hearing clerk. (7) Be received by the Hearing Clerk not later than the close of business of the 60th day following the date of the publication in the FEDERAL REGISTER of the order to which the objection is taken (or, if such 60th day is a Saturday, Sunday, or Federal holiday, not later than the close of business of the next government business day after such 60th day). (b) Submissions to the hearing clerk shall be made as follows: (1) Mailed submissions should be addressed to: O�ce of the Hearing Clerk (1900L), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. (2) For hand/courier delivery the O�ce of the Hearing Clerk is located at Suite 350, 1099 14 St., NW., Washington, DC 20005.th (a) Be submitted as a part of, and speci�cally request an evidentiary hearing on an objection that complies with the requirements of § 178.25. https://www.federalregister.gov/citation/55-FR-50291 https://www.federalregister.gov/citation/70-FR-33359 https://www.federalregister.gov/citation/55-FR-50291 https://www.federalregister.gov/citation/69-FR-39864 https://www.federalregister.gov/citation/70-FR-33359 https://www.federalregister.gov/citation/71-FR-35546 https://www.ecfr.gov/current/title-40/section-178.32 https://www.ecfr.gov/current/title-40/section-178.27 https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(i) https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/section-178.25 9/16/21, 3:00 PM eCFR :: 40 CFR Part 178 -- Objections and Requests for Hearings https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-178 3/6 § 178.30 Response by Administrator to objections and to requests for hearing. The Administrator will respond to objections, and to requests for a hearing on such objections, as set forth in this section. (b) Include a statement of the factual issue(s) on which a hearing is requested and the requestor's contentions on each such issue. (c) Include a copy of any report, article, survey, or other written document (or the pertinent pages thereof) upon which the objector relies to justify an evidentiary hearing, unless the document is an EPA document that is routinely available to any member of the public. (d) Include a summary of any evidence not described in paragraph (a)(3) of this section upon which the objector relies to justify an evidentiary hearing. (e) Include a discussion of the relationship between the factual issues and the relief requested by the objection. (a) Denial of objections that are improperly submitted or that seek an unavailable form of relief. The Administrator will by order issued under § 178.37 deny each objection and each request for a hearing that is included with such an objection, if: (1) The objection is found not to conform to § 178.25. (2) The action requested by the objection is inconsistent with any provision of FFDCA. (3) The action requested by the objection is inconsistent with any generic, e.g., non chemical speci�c, interpretation of a provision of FFDCA in any regulation in this chapter (the proper procedure in such a case is for the person to petition for an amendment of the regulation involved). (b) Denial of improperly submitted requests for hearing. The Administrator will then determine whether any objection that has not been denied under paragraph (a) of this section was accompanied by a request for an evidentiary hearing that conforms to § 178.27. The Administrator will deny under § 178.37 each request that does not conform to § 178.27. (c) Grouping of certain related objections. If the Administrator then �nds (1) That two or more undenied objections are substantially similar, or are related in such a way that any judicial review of the Administrator's action on those objections should occur at the same time, and (2) that one or more of those objections was accompanied by an undenied request for an evidentiary hearing on that objection, the Administrator will treat those objections as a group and will rule on them only after ruling under § 178.32 on the associated request for hearing. (d) Rulings on objections for which a request for hearing has been granted. If the Administrator rules under § 178.32 that an evidentiary hearing should be held on an objection, the Administrator will resolve the issues raised by any other objection grouped with it under paragraph (c) of this section in conjunction with the evidentiary hearing upon which the hearing request was granted, unless the Administrator for good cause determines otherwise. (e) Rulings on objections for which no request for hearing was received, or for which each request for hearing was denied. Except as provided in paragraphs (c) and (d) of this section, if no hearing was requested on an objection, or if each such request that was https://www.ecfr.gov/current/title-40/section-178.27#p-178.27(a)(3) https://www.ecfr.gov/current/title-40/section-178.37 https://www.ecfr.gov/current/title-40/section-178.25 https://www.ecfr.gov/current/title-40/section-178.30#p-178.30(a) https://www.ecfr.gov/current/title-40/section-178.27 https://www.ecfr.gov/current/title-40/section-178.37 https://www.ecfr.gov/current/title-40/section-178.27 https://www.ecfr.gov/current/title-40/section-178.32 https://www.ecfr.gov/current/title-40/section-178.32 https://www.ecfr.gov/current/title-40/section-178.30#p-178.30(c) https://www.ecfr.gov/current/title-40/section-178.30#p-178.30(c) https://www.ecfr.gov/current/title-40/section-178.30#p-178.30(d) 9/16/21, 3:00 PM eCFR :: 40 CFR Part 178 -- Objections and Requests for Hearings https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-178 4/6 § 178.32 Rulings on requests for hearing. § 178.35 Modi�ication or revocation of regulation or prior order. [55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005] made is denied under the criteria of paragraphs (a) or (b) of this section or § 178.32(b), the Administrator will rule on the objection under § 178.37. (a) In the case of each request for an evidentiary hearing that was not denied under § 178.30(a) or (b), the Administrator will determine whether such a hearing on one or more of the objections is justi�ed, and will publish in the FEDERAL REGISTER the determination in an order issued under § 178.37 or a Notice of Hearing issued under § 179.20 of this chapter. If some requests for a hearing are denied and others pertaining to the same order or regulation are granted, the denial order and the hearing notice may be combined into a single document and shall be issued at the same time unless the Administrator for good cause determines otherwise. (b) A request for an evidentiary hearing will be granted if the Administrator determines that the material submitted shows the following: (1) There is a genuine and substantial issue of fact for resolution at a hearing. An evidentiary hearing will not be granted on issues of policy or law. (2) There is a reasonable possibility that available evidence identi�ed by the requestor would, if established, resolve one or more of such issues in favor of the requestor, taking into account uncontested claims or facts to the contrary. An evidentiary hearing will not be granted on the basis of mere allegations, denials, or general descriptions of positions and contentions, nor if the Administrator concludes that the data and information submitted, even if accurate, would be insu�cient to justify the factual determination urged. (3) Resolution of the factual issue(s) in the manner sought by the person requesting the hearing would be adequate to justify the action requested. An evidentiary hearing will not be granted on factual issues that are not determinative with respect to the action requested. For example, a hearing will not be granted if the Administrator concludes that the action would be the same even if the factual issue were resolved in the manner sought. (c) Where appropriate, the Administrator will make rulings on any issues raised by an objection which are necessary for resolution prior to determining whether a request for an evidentiary hearing should be granted. (a) If the Administrator determines upon review of an objection or request for hearing that the regulation or prior order in question should be modi�ed or revoked, the Administrator will publish an order setting forth any revision to the regulation or prior order that the Administrator has found to be warranted. (b) The Administrator will provide an opportunity for objections and requests for hearing on such order to the extent required by law. Such objections to the modi�cation or revocation of the regulation, and requests for a hearing on such objections, may be submitted under §§ 178.20 through 178.27. (c) Objections and requests for hearing that are not affected by the modi�cation or revocation will remain on �le and be acted upon in accordance with this part. https://www.federalregister.gov/citation/55-FR-50291 https://www.federalregister.gov/citation/70-FR-33359 https://www.ecfr.gov/current/title-40/section-178.30#p-178.30(a) https://www.ecfr.gov/current/title-40/section-178.30#p-178.30(b) https://www.ecfr.gov/current/title-40/section-178.32#p-178.32(b) https://www.ecfr.gov/current/title-40/section-178.37 https://www.ecfr.gov/current/title-40/section-178.30#p-178.30(a) https://www.ecfr.gov/current/title-40/section-178.30#p-178.30(b) https://www.ecfr.gov/current/title-40/section-178.37 https://www.ecfr.gov/current/title-40/section-179.20 https://www.ecfr.gov/current/title-40/section-178.20 https://www.ecfr.gov/current/title-40/section-178.27 9/16/21, 3:00 PM eCFR :: 40 CFR Part 178 -- Objections and Requests for Hearings https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-178 5/6 § 178.37 Order responding to objections on which a hearing was not requested or was denied. [55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005] Subpart C [Reserved] Subpart D - Judicial Review § 178.65 Judicial review. An order issued under § 178.37 is �nal agency action reviewable in the courts as provided by FFDCA section 408(h), as of the date of publication of the order in the FEDERAL REGISTER. The failure to �le a petition for judicial review within the period ending on the 60th day after the date of the publication of the order constitutes a waiver under FFDCA section 408(h) of the right to judicial review of the order and of any regulation promulgated by the order. [70 FR 33359, June 8, 2005] § 178.70 Administrative record. (a) The Administrator will publish in the FEDERAL REGISTER an order under FFDCA section 408(g) (2)(B) or section 408(g)(2)(C) setting forth the Administrator's determination on each denial of a request for a hearing, and on each objection submitted under § 178.20 on which: (1) A hearing was not requested. (2) A hearing was requested, but denied. (b) Each order published under paragraph (a) of this section must state the reasons for the Administrator's determination. If the order denies a request for a hearing on the objection, the order also must state the reason for that denial (e.g., why the request for a hearing did not conform to § 178.27, or why the request was denied under § 178.32). (c) Each order published under paragraph (a) of this section must state its effective date. (a) For purposes of judicial review, the record of an administrative proceeding that culminates in an order under § 178.37 consists of: (1) The objection ruled on (and any request for hearing that was included with the objection). (2) Any order issued under § 180.7(g) of this chapter to which the objection related, and: (i) Any regulation or petition denial that was the subject of that order. (ii) The petition to which such order responded. (iii) Any amendment or supplement of the petition. (iv) The data and information submitted in support of the petition. (v) The notice of �ling of the petition. https://www.federalregister.gov/citation/55-FR-50291 https://www.federalregister.gov/citation/70-FR-33359 https://www.ecfr.gov/current/title-40/section-178.37 https://www.federalregister.gov/citation/70-FR-33359 https://www.ecfr.gov/current/title-40/section-178.20 https://www.ecfr.gov/current/title-40/section-178.37#p-178.37(a) https://www.ecfr.gov/current/title-40/section-178.27 https://www.ecfr.gov/current/title-40/section-178.32 https://www.ecfr.gov/current/title-40/section-178.37#p-178.37(a) https://www.ecfr.gov/current/title-40/section-178.37 https://www.ecfr.gov/current/title-40/section-180.7#p-180.7(g) 9/16/21, 3:00 PM eCFR :: 40 CFR Part 178 -- Objections and Requests for Hearings https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-178 6/6 [55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005] (3) Any order issued under § 180.29(f) of this chapter to which the objection related, the regulation that was the subject of that order, and each related Notice of Proposed Rulemaking. (4) Any comments submitted by members of the public in response to the Notice of Filing or Notice of Proposed Rulemaking, any data or information submitted as part of the comments, the Administrator's response to comments and the documents or information relied on by the Administrator in issuing the regulation or order. (5) All other documents or information submitted to the docket for the rulemaking in question. (6) The order issued under § 178.37. (b) The record will be closed as of the date of the Administrator's decision unless another date for closing of the record is speci�ed in the order issued under § 178.37. https://www.federalregister.gov/citation/55-FR-50291 https://www.federalregister.gov/citation/70-FR-33359 https://www.ecfr.gov/current/title-40/section-180.29#p-180.29(f) https://www.ecfr.gov/current/title-40/section-178.37 https://www.ecfr.gov/current/title-40/section-178.37 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 1/16 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  Title 40 PART 179 - FORMAL EVIDENTIARY PUBLIC HEARING Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970. Source: 55 FR 50293, Dec. 5, 1990, unless otherwise noted. Subpart A - General Provisions § 179.3 De�initions. Administrator means the Administrator of the Agency, or any o�cer or employee of the Agency to whom the Administrator has delegated the authority to perform functions under this part. Agency means the United States Environmental Protection Agency. Assistant Administrator means the Agency's Assistant Administrator for Chemical Safety and Pollution Prevention, or any o�cer or employee of the Agency's O�ce of Chemical Safety and Pollution Prevention to whom the Assistant Administrator has delegated the authority to perform functions under this part. FFDCA means the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 301-392. FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136-136y. Judicial O�cer means a person who has been designated by the Administrator under § 179.117 to serve as a judicial o�cer. OCSPP means the Agency's O�ce of Chemical Safety and Pollution Prevention. O�ce of the Administrator means the Agency's Administrator and Deputy Administrator and their immediate staff, including the judicial o�cer. [55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012] § 179.5 Other authority. View table of contents for this page ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.govinfo.gov/link/uscode/21/301 https://www.govinfo.gov/link/uscode/7/136 https://www.ecfr.gov/current/title-40/section-179.117 https://www.federalregister.gov/citation/55-FR-50293 https://www.federalregister.gov/citation/57-FR-28087 https://www.federalregister.gov/citation/77-FR-46292 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 2/16 Questions regarding procedural matters arising under this part or part 178 of this chapter that are not addressed by this part or part 178 of this chapter shall be resolved by the Administrator or presiding o�cer, as appropriate. Subpart B - Initiation of Hearing § 179.20 Notice of hearing. [55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005] § 179.24 Ex parte discussions; separation of functions. (a) If the Administrator determines under § 178.32 of this chapter that a hearing is justi�ed on any issue, the Administrator will �le with the hearing clerk and publish in the FEDERAL REGISTER a Notice of Hearing. The Notice of Hearing will set forth: (1) The docket number for the hearing. (2) Each order, regulation, or petition denial that is the subject of the hearing, and a statement specifying any part of any such regulation or order that has been stayed in the Administrator's discretion. (3) The identity of each person whose request for a hearing has been granted, and of any other person whose petition under § 180.7 of this chapter occasioned the order that the hearing concerns. (4) A statement of the issues of fact on which a hearing has been found to be justi�ed. (5) A statement of the objections whose resolution depends on the resolution of those issues of fact. (6) A statement that the presiding o�cer will be designated by the Chief Administrative Law Judge. (7) The time within which notices of participation should be �led under § 179.42. (8) The date, time, and place of the preliminary conference, or a statement that the date, time, and place will be announced in a later notice, and the place of the hearing. (9) The time within which parties must submit written information and views under § 179.83. (10) Designations with respect to separation of functions published under § 179.24(b)(2). (b) The statement of the issues of fact on which a hearing has been justi�ed determines the scope of the hearing and the matters on which evidence may be introduced. The issues may be revised by the presiding o�cer. A party may obtain interlocutory review by the Administrator of a decision by the presiding o�cer to revise the issues to include an issue on which the Administrator has not granted a request for a hearing or to eliminate an issue on which a request for a hearing has been granted. (c) A hearing is deemed to begin on the date of publication of the Notice of Hearing. (a) Any person may meet or correspond with any o�cer or employee of the Agency concerning a matter under parts 178 or 180 of this chapter prior to publication of a Notice of Hearing under § 179.20. https://www.ecfr.gov/current/title-40/chapter-I https://www.ecfr.gov/current/title-40/part-178 https://www.ecfr.gov/current/title-40/chapter-I https://www.ecfr.gov/current/title-40/part-178 https://www.federalregister.gov/citation/55-FR-50293 https://www.federalregister.gov/citation/70-FR-33359 https://www.ecfr.gov/current/title-40/section-178.32 https://www.ecfr.gov/current/title-40/section-180.7 https://www.ecfr.gov/current/title-40/section-179.42 https://www.ecfr.gov/current/title-40/section-179.83 https://www.ecfr.gov/current/title-40/section-179.24#p-179.24(b)(2) https://www.ecfr.gov/current/title-40/part-178 https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/section-179.20 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 3/16 (b) Upon publication of a Notice of Hearing, the following separation of function rules apply: (1) OCSPP, as a party to the hearing, is responsible for presentation of its position at the hearing and in any pleading or oral argument before the Administrator. The Pesticides and Toxic Substances Division of the O�ce of General Counsel shall advise and represent OCSPP with respect to the hearing and in any pleading or oral argument before the Administrator. An employee or other representatives of OCSPP may not participate in or advise the Administrator or any of his representatives on any decision under this part, other than as witness or counsel in public proceedings, except as provided by paragraph (b)(2) of this section. There is to be no other communication between representatives of OCSPP and the presiding o�cer or any representative of the O�ce of the Administrator concerning the merits of the hearing until after issuance of the decision of the Administrator. (2) The Administrator may designate persons who otherwise would be regarded as representatives of OCSPP, to serve as representatives of the O�ce of the Administrator on matters pertaining to the hearing, and may also designate persons who otherwise would be regarded as representatives of the O�ce of the Administrator to serve as representatives of OCSPP. Such designations will be included in the Notice of Hearing published under§ 179.20. (3) The O�ce of the Administrator is responsible for the �nal decision of the matter, with the advice and participation of anyone in the Agency other than representatives of OCSPP. (c) Between the date of publication of the Notice of Hearing and the date of the Administrator's �nal decision on the matter, communication concerning the matter involved in the hearing will be restricted as follows: (1) No person outside the Agency may have an ex parte communication with the presiding o�cer or any representative of the O�ce of the Administrator concerning the merits of the hearing. Neither the presiding o�cer nor any representative of the O�ce of the Administrator may have any ex parte communication with a person outside the Agency concerning the merits of the hearing. (2) A written communication contrary to this section must be immediately served on all other participants and �led with the hearing clerk by the presiding o�cer at the hearing, or by the Administrator, depending on who received the communication. An oral communication contrary to this section must be immediately recorded in a written memorandum and similarly served on all other parties and �led with the hearing clerk. A person, including a representative of a party in the hearing, who is involved in an oral communication contrary to this section, must, to the extent necessary to determine the substance of the communication, be made available for cross-examination during the hearing with respect to the substance of that communication. Rebuttal testimony pertinent to a written or oral communication contrary to this section will be permitted. (d) The prohibitions speci�ed in paragraph (c) of this section also apply to a person who, in advance of the publication of a Notice of Hearing, knows that the notice has been signed. The prohibitions become applicable to such a person as of the time the knowledge is acquired. (e) The making of a communication contrary to this section may, consistent with the interests of justice and the policies underlying the FFDCA, result in a decision adverse to the person knowingly making or causing the making of the communication. https://www.ecfr.gov/current/title-40/section-179.24#p-179.24(b)(2) https://www.ecfr.gov/current/title-40/section-179.20 https://www.ecfr.gov/current/title-40/section-179.24#p-179.24(c) 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 4/16 [55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 70 FR 33359, June 8, 2005; 77 FR 46292, Aug. 3, 2012] Subpart C - Participation and Appearance; Conduct § 179.42 Notice of participation. Notice of Participation Docket No. Under 40 CFR part l79, please enter the participation of: (Name) (Street address) (City and State) (Telephone number) Service on the above will be accepted by: (Name) (Street address) (City and State) (Telephone number) Signed: Date: (a) OCSPP shall be a party to a hearing under this part. Any other person may participate as a party in such a hearing to the extent speci�ed by this section. (b) A person desiring to participate in a hearing must �le with the hearing clerk within 30 days after publication of the Notice of Hearing under § 179.20, a Notice of Participation in the following form: (c) An amendment to a Notice of Participation must be �led with the hearing clerk and served on all parties. (d) No person may participate in a hearing who has not �led a written Notice of Participation or whose participation has been stricken under paragraph (f) of this section. (e) The presiding o�cer may permit the late �ling of a Notice of Participation upon a showing of good cause. Arrangements and agreements previously made in the proceeding shall apply to any party admitted late. https://www.federalregister.gov/citation/55-FR-50293 https://www.federalregister.gov/citation/57-FR-28087 https://www.federalregister.gov/citation/70-FR-33359 https://www.federalregister.gov/citation/77-FR-46292 https://www.ecfr.gov/current/title-40/section-179.20 https://www.ecfr.gov/current/title-40/section-179.42#p-179.42(f) 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 5/16 [55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012] § 179.45 Appearance. § 179.50 Conduct at oral hearings or conferences. The parties and their representatives must conduct themselves with dignity and observe the same standards of practice and ethics that would be required of parties in a judicial proceeding. Disrespectful, disorderly, or contumacious language or conduct, refusal to comply with directions, use of dilatory tactics, or refusal to adhere to reasonable standards of orderly and ethical conduct during any hearing constitute grounds for immediate exclusion from the proceeding by the presiding o�cer. Subpart D - Presiding Of�icer § 179.60 Designation and quali�ications of presiding of�icer. The presiding o�cer in a hearing will be an administrative law judge quali�ed under 5 U.S.C. 3l05 and designated by the Agency's chief administrative law judge. § 179.70 Authority of presiding of�icer. The presiding o�cer shall conduct the hearing in a fair and impartial manner subject to the precepts of the Administrative Procedure Act. The presiding o�cer has all powers necessary to conduct a fair, expeditious, and orderly hearing, including the power to: (f) The presiding o�cer may strike the participation of a person for failure to comply with any requirement of this subpart. Any person whose participation is striken may obtain interlocutory review thereof by the Administrator. (a) A party to a hearing may appear in person or by counsel or other representative in the hearing. (b) The presiding o�cer may strike a person's right to appear in the hearing for violation of the rules of conduct in § l79.50. (a) Specify and change the date, time, and place for conferences, and issue and modify a schedule for the hearing. (b) Establish an orderly manner for developing evidentiary facts at preliminary conferences under § 179.87, for making rulings on oral testimony and cross-examination under § 179.93, and for making other similar evidentiary rulings in accord with these regulations. (c) Prepare statements of the areas of factual disagreement among the participants. (d) Hold conferences to settle, simplify, or determine the issues in a hearing or to consider other matters that may expedite the hearing. (e) Administer oaths and a�rmations. (f) Control the course of the hearing and the conduct of the participants. https://www.federalregister.gov/citation/55-FR-50293 https://www.federalregister.gov/citation/57-FR-28087 https://www.federalregister.gov/citation/77-FR-46292 https://www.govinfo.gov/link/uscode/5/3l05 https://www.ecfr.gov/current/title-40/section-179.87 https://www.ecfr.gov/current/title-40/section-179.93 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 6/16 § 179.75 Disquali�ication of deciding of�icials. § 179.78 Unavailability of presiding of�icer. If the presiding o�cer is unable to act for any reason, his or her powers with respect to the hearing will be assigned by the Chief Administrative Law Judge to another presiding o�cer. The substitution will not affect the hearing, i.e., the testimony of the witnesses will not be taken anew except as the new presiding o�cer may order upon the request of a party where the credibility of a witness is of particular importance. Subpart E - Hearing Procedures § 179.80 Filing and service. (g) Examine witnesses and strike their testimony if they fail to respond fully to proper questions. (h) Rule on, admit, exclude, or limit evidence. (i) Set the time for �ling pleadings. (j) Rule on motions and other procedural matters. (k) Rule on motions for summary decision under § l79.90. (l) Conduct the hearing in stages if the number of parties is large or the issues are numerous and complex. (m) Strike the participation of any person under § l79.42(f), or exclude any person from the hearing under § l79.50, or take other reasonable disciplinary action. (n) Take any other action for the fair, expeditious, and orderly conduct of the hearing that is not in con�ict with law or these rules. (a) A deciding o�cial in a hearing under this part (including, e.g., the Administrator, judicial o�cer, or presiding o�cer) shall not decide any matter in connection with which he or she has a �nancial interest in any of the parties, or a relationship that would make it otherwise inappropriate for him or her to act. (b) A party may request that a deciding o�cial disqualify himself/herself and withdraw from the proceeding. The party may obtain interlocutory review by the Administrator of a denial of such a request made to any deciding o�cial other than the Administrator. (c) A deciding o�cial who is aware of grounds for disquali�cation shall withdraw from the proceeding. (a) All documents required or authorized to be �led by a party to a hearing under this part regarding any matter to be decided by the presiding o�cer, the judicial o�cer, or the Administrator shall be �led in triplicate with the hearing clerk, in the manner speci�ed by § 178.25(b) of this chapter. Each �ling shall prominently note the docket number. To determine compliance with deadlines in a hearing, a document is considered �led on the date it is actually received by the hearing clerk. When this part allows a response by a party to a submission and prescribes a period of time for the �ling of the response, an additional 3 days are allowed for the �ling of the response if the submission is served by mail. https://www.ecfr.gov/current/title-40/section-178.25#p-178.25(b) 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 7/16 § 179.81 Availability of documents. § 179.83 Disclosure of data and information. (b) Each notice, order, decision, or other document issued under this part by the presiding o�cer, the judicial o�cer, or the Administrator shall be �led with the hearing clerk. The hearing clerk shall immediately serve all parties with a copy of such order, decision, or other document. (c) At the same time that a party �les any document with the hearing clerk, the party shall serve a copy thereof on each other party, unless the presiding o�cer speci�es otherwise. Each �ling shall be accompanied by a certi�cate of service, or a statement that service is not required. Service on a party is accomplished by mailing a submission to the address shown in the Notice of Participation or by personal delivery. (d) The presiding o�cer may grant an extension of time for the �ling of any pleading, document, or motion (1) Upon timely motion by a party, for good cause shown, and after consideration of prejudice to other parties, or (2) upon the presiding o�cer's own motion. (e) A motion by a party for an extension may only be made after serving a copy of the motion on all other parties, unless the movant can show good cause why doing so is impracticable. The motion shall be �led in advance of the date on which the pleading, document, or motion is due to be �led, unless the failure of the party to make a timely motion for an extension was the result of excusable neglect. (a) All orders, decisions, pleadings, transcripts, exhibits, and other docket entries shall become part of the o�cial docket and shall be retained by the hearing clerk. Except as otherwise provided by paragraph (b) of this section or part 2 of this chapter, all documents that are a part of the o�cial docket shall be made available to the public for reasonable inspection during Agency business hours. Copies of such documents may be obtained by members of the public as provided in part 2 of this chapter. (b) Whenever any information or data are required to be produced or examined in a hearing and any party makes a business con�dentiality claim regarding such information under part 2 of this chapter, the availability of such information to the other parties or to the public shall be determined by EPA in accordance with part 2 of this chapter, including speci�cally the procedures and principles set forth in § 2.30l(g)(3) and (g)(4) of this chapter. The presiding o�cer shall make the determinations with respect to the matters referred to in § 2.301(g)(3) and (g)(4) to the extent provided, and shall take such steps as are necessary for the protection of information entitled to con�dential treatment or otherwise exempt from public disclosure, including issuance of protective orders to parties or taking testimony in a closed hearing. (a) Within 60 days of the publication of the Notice of Hearing under § l79.20, or, if no party will be prejudiced, within another period set by the presiding o�cer, the Assistant Administrator shall �le with the hearing clerk, in accordance with § 179.80, the following documents numbered and organized in the manner prescribed by the presiding o�cer: (1) The portions of the administrative record of the proceeding developed under part 178 of this chapter, and under part 180 of this chapter, that are relevant to the issues in the hearing. https://www.ecfr.gov/current/title-40/section-179.81#p-179.81(b) https://www.ecfr.gov/current/title-40/part-2 https://www.ecfr.gov/current/title-40/part-2 https://www.ecfr.gov/current/title-40/part-2 https://www.ecfr.gov/current/title-40/part-2 https://www.ecfr.gov/current/title-40/section-2.30l#p-2.30l(g)(3) https://www.ecfr.gov/current/title-40/section-2.30l#p-2.30l(g)(4) https://www.ecfr.gov/current/title-40/section-2.301#p-2.301(g)(3) https://www.ecfr.gov/current/title-40/section-2.301#p-2.301(g)(4) https://www.ecfr.gov/current/title-40/section-179.80 https://www.ecfr.gov/current/title-40/part-178 https://www.ecfr.gov/current/title-40/part-180 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 8/16 (2) All documents in the �les of OCSPP containing factual information or expert opinion, whether favorable or unfavorable to the position of OCSPP, which relate to the issues involved in the hearing. For purposes of this paragraph, “�les” means the principal �les in OCSPP in which documents relating to each of the issues in the hearing are ordinarily kept. Documents that are internal memoranda re�ecting the deliberative process, or are attorney work product, or were prepared speci�cally for use in connection with the hearing, are not required to be submitted. (3) All other documentary data and information upon which OCSPP plans to rely upon in the hearing. (4) A narrative position statement on the factual issues in the Notice of Hearing and the nature of the supporting evidence that OCSPP intends to introduce. (5) A signed statement that, to the best knowledge and belief of the Assistant Administrator, the submission complies with this section. (b) Within 70 days of the publication of the Notice of Hearing or, if no party will be prejudiced, within another period of time set by the presiding o�cer, each party other than OCSPP shall submit to the hearing clerk in accordance with § 179.80 the following documents, numbered and organized in the manner prescribed by the presiding o�cer: (1) Any objections that the administrative record �led under paragraph (a)(l) of this section is incomplete. (2) All documents (other than those �led under paragraph (a) of this section) in the party's �les containing factual information or expert opinion, whether favorable or unfavorable to the party's position, that relates to the issues involved in the hearing. For purposes of this paragraph, “�les” means the party's principal �les in which documents relating to each of the issues in the hearing are ordinarily kept. Documents that are attorney work product, or were prepared speci�cally for use in connection with the hearing, are not required to be submitted. (3) All other documentary data and information the party plans to rely upon in the hearing. (4) A narrative position statement on the factual issues in the Notice of Hearing and the nature of the supporting evidence the party intends to introduce. (5) A signed statement that, to the best knowledge and belief of the party, the submission complies with this section. (c) Submissions required by paragraphs (a) and (b) of this section may be supplemented later in the proceeding, with the approval of the presiding o�cer, upon a showing that the material contained in the supplement was not reasonably known by or available to the party when the submission was made or that the relevance of the material contained in the supplement could not reasonably have been foreseen. (d) If a party fails to comply substantially and in good faith with this section, the presiding o�cer may infer that such failure was for the purpose of withholding information that is unfavorable to the party's position, and may make such further adverse inferences and �ndings with respect to such failure as are warranted. (e) Parties may reference each other's submissions. To reduce duplicative submissions, parties are encouraged to exchange and consolidate lists of documentary evidence. If a particular document is bulky or in limited supply and cannot reasonably be reproduced, and it constitutes relevant evidence, the presiding o�cer may authorize submission of a reduced number of copies. https://www.ecfr.gov/current/title-40/section-179.80 https://www.ecfr.gov/current/title-40/section-179.83#p-179.83(a)(l) https://www.ecfr.gov/current/title-40/section-179.83#p-179.83(a) https://www.ecfr.gov/current/title-40/section-179.83#p-179.83(a) https://www.ecfr.gov/current/title-40/section-179.83#p-179.83(b) 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 9/16 [55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 70 FR 33359, June 8, 2005; 77 FR 46292, Aug. 3, 2012] § 179.85 Purpose of preliminary conference. The presiding o�cer will conduct one or more preliminary conferences for the following purposes: § 179.86 Time and place of preliminary conference. A preliminary conference will commence at the date, time, and place announced in the Notice of Hearing, or as otherwise speci�ed by the Administrator or presiding o�cer in a subsequent notice. The preliminary conference may not commence until after expiration of the time for �ling notices of participation under § 179.42. The presiding o�cer may specify that two or more such conferences shall be held. § 179.87 Procedures for preliminary conference. Parties in a hearing must appear at the preliminary conference(s) prepared to present a position on the matters speci�ed in § 179.85. A preliminary conference may be held by telephone, or other electronic means, if appropriate. (f) The presiding o�cer will rule on questions relating to this section. (a) To determine the areas of factual disagreement to be considered at the hearing. (b) To establish any necessary procedural rules to control the course of the hearing and the schedule for the hearing. (c) To group parties with substantially similar interests, for purposes of presenting evidence, making objections, cross-examination, and presenting oral argument. (d) To obtain stipulations and admissions of facts. (e) To take other action that may expedite the hearing. (a) To expedite the hearing, parties are encouraged to prepare in advance for the conference. Parties should cooperate with each other and should request information and begin preparation of testimony at the earliest possible time. Failure of a party to appear at the preliminary conference or to raise matters that could reasonably be anticipated and resolved at that time will not delay the progress of the hearing, and constitutes a waiver of the rights of the party regarding such matters as objections to the agreements reached, actions taken, or rulings issued. Such failure to appear may also be grounds for striking the party's participation under § 179.42(f). (b) Each party shall bring to the preliminary conference the following speci�c information, which will be �led with the hearing clerk under § 179.80: (1) Any additional information to supplement the submission which may have been �led under § 179.83, and/or which may be �led if approved under § 179.83(c). (2) A list setting forth each person who has been identi�ed as a witness whose oral or written testimony will be offered by the party at the hearing, with a full curriculum vitae for each and a summary of the expected testimony (including a list of the https://www.federalregister.gov/citation/55-FR-50293 https://www.federalregister.gov/citation/57-FR-28087 https://www.federalregister.gov/citation/70-FR-33359 https://www.federalregister.gov/citation/77-FR-46292 https://www.ecfr.gov/current/title-40/section-179.42 https://www.ecfr.gov/current/title-40/section-179.85 https://www.ecfr.gov/current/title-40/section-179.42#p-179.42(f) https://www.ecfr.gov/current/title-40/section-179.80 https://www.ecfr.gov/current/title-40/section-179.83 https://www.ecfr.gov/current/title-40/section-179.83#p-179.83(c) 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 10/16 § 179.89 Motions. A motion, unless made in the course of a preliminary conference or a transcribed oral hearing before the presiding o�cer, must be �led in the manner prescribed by § 179.80 and include a draft order. A response may be �led within 10 days of service of a motion. The moving party has no right to reply, except as permitted by the presiding o�cer. The presiding o�cer shall rule upon the motion. § 179.90 Summary decisions. principal exhibits on which the witness will rely) or a statement as to when such a summary will be furnished. A party may amend its witness and document list to add, delete, or substitute witnesses or documents. (c) The presiding o�cer may hold preliminary conferences off the record in an effort to reach agreement on disputed factual or procedural questions. (d) The presiding o�cer shall issue and �le under § 179.80 a written order reciting the actions taken at each preliminary conference and setting forth the schedule for the hearing. The order will control the subsequent course of the hearing unless modi�ed by the presiding o�cer for good cause. (a) After the hearing commences, a party may �le a written motion, with or without supporting a�davits or brief, for a summary decision on any issue in the hearing. Any other party may, within 10 days after service of the motion, which time may be extended for an additional 10 days for good cause shown, serve opposing a�davits or brief or countermove for summary decision. The presiding o�cer may set the matter for argument and call for the submission of briefs if not submitted by the parties. (b) The presiding o�cer will grant the motion if the objections, requests for hearing, other pleadings, a�davits, and other material �led in connection with the hearing, or matters o�cially noticed, show that there is no genuine disagreement as to any material fact bearing on the issue and that a party is entitled to summary decision. (c) A�davits should set forth facts that would be admissible in evidence and show a�rmatively that the a�ant is competent to testify to the matters stated. When a properly supported motion for summary decision is made, a party opposing the motion may not rest upon mere allegations or denials or general descriptions of positions and contentions; a�davits or other responses must demonstrate speci�cally that there is a genuine issue of material fact for the hearing. (d) Should it appear from the a�davits of a party opposing the motion that for sound reasons stated, facts essential to justify the opposition cannot be presented by a�davit, the presiding o�cer may deny the motion for summary decision, order a continuance to permit a�davits or additional evidence to be obtained, or issue other just order. (e) If a summary decision is not rendered upon all issues or for all the relief asked, and evidentiary facts need to be developed, the presiding o�cer will issue an order specifying the facts that appear without substantial controversy and directing further evidentiary proceedings. The facts so speci�ed will be deemed established. (f) A party may obtain interlocutory review by the Administrator of a summary decision of the presiding o�cer. https://www.ecfr.gov/current/title-40/section-179.80 https://www.ecfr.gov/current/title-40/section-179.80 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 11/16 § 179.91 Burden of going forward; burden of persuasion. [55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005] § 179.93 Testimony. § 179.94 Transcripts. (a) The party whose request for an evidentiary hearing was granted has the burden of going forward in the hearing with evidence as to the issues relevant to that request for a hearing. (b) The party or parties who contend that a regulation satis�es the criteria of section 408 of the FFDCA has the burden of persuasion in the hearing on that issue, whether the proceeding concerns the establishment, modi�cation, or revocation of a tolerance or exemption from the requirement for a tolerance. (a) The presiding o�cer will conduct such proceedings as are necessary for the taking of oral direct testimony and for the conduct of oral examination of witnesses by the parties. The presiding o�cer shall limit oral examination to prevent irrelevant, immaterial or unduly repetitious examination. (b) Direct testimony shall be submitted in writing, except that the presiding o�cer may order direct testimony to be presented orally in those unusual cases where the memory or demeanor of the witness is of importance. Written direct testimony shall be in the form of a veri�ed statement of fact or opinion prepared by the witness, in narrative form or in question-and-answer form. Written direct testimony may incorporate exhibits. Such a veri�ed statement or exhibit may not be admitted into evidence sooner than 14 days (or such other reasonable period as the presiding o�cer may order) after the witness has delivered to the presiding o�cer and each party a copy of the statement or exhibit. The admissibility of the evidence contained in such a statement is subject to the same rules as if such testimony had been given orally. (c) Oral cross-examination of witnesses will be permitted. Each exhibit that a party intends to rely upon in cross-examining a witness shall be furnished to the other parties not later than 3 days (or such other reasonable period as the presiding o�cer may order) before such exhibit is used in the cross-examination. (d) Witnesses shall give testimony under oath or a�rmation. (a) The hearing clerk shall make arrangements to have all oral testimony stenographically reported or recorded and transcribed, with evidence that is admitted in the form of written testimony or exhibits attached or incorporated as appropriate. (b) Unless the presiding o�cer orders otherwise, parties shall have 15 days from the date that the transcript of particular oral testimony �rst becomes available to propose corrections in the transcript of that testimony. Corrections are permitted only for transcription errors. The presiding o�cer shall promptly order justi�ed corrections. (c) As soon as practicable after the taking of the last evidence, the presiding o�cer shall certify: (1) That the original transcript is a true transcript of the oral testimony offered or received at the hearing, except in such particulars as the presiding o�cer speci�es. https://www.federalregister.gov/citation/55-FR-50293 https://www.federalregister.gov/citation/70-FR-33359 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 12/16 § 179.95 Admission or exclusion of evidence; objections; o�ers of proof. § 179.97 Conferences during hearing. The presiding o�cer may schedule and hold conferences as needed to monitor the progress of the hearing, narrow and simplify the issues, and consider and rule on motions, requests, or other matters concerning the development of the evidence. § 179.98 Briefs and arguments. (2) That the written testimony and exhibits accompanying the transcript are all the written testimony and exhibits introduced at the hearing, with such exceptions as the presiding o�cer speci�es. (3) The transcript with attached or incorporated material, as so certi�ed by the presiding o�cer, shall be submitted to and �led by the hearing clerk under § 179.80. (d) Copies of the transcript shall be available to the public in accordance with § 179.81; parties may make special arrangements through the hearing clerk to obtain copies on an ongoing, expedited basis. (a) Written material identi�ed as direct testimony or as an evidentiary exhibit and offered by a party in a hearing, and oral testimony, whether on direct or on cross-examination, is admissible as evidence unless the presiding o�cer excludes it (on objection of a party or on the presiding o�cer's own initiative) because it is irrelevant, immaterial, or unduly repetitive, or because its exclusion is necessary to enforce a speci�c requirement of this part relating to the admissibility of evidence. (b) If a party objects to the admission or rejection of any evidence or to the limitation of the scope of any examination or cross-examination, the party shall state brie�y the grounds for such objection. The transcript shall include any argument or debate thereon, unless the presiding o�cer, with the consent of all the parties, orders that such argument not be transcribed. The ruling and the reasons given therefor by the presiding o�cer on any objection shall be a part of the transcript. An automatic exception to that ruling will follow. (c) Whenever evidence is deemed inadmissible, the party offering such evidence may make an offer of proof, which shall be included in the transcript. The offer of proof for excluded oral testimony shall consist of a brief statement describing the nature of the evidence excluded. If the evidence consists of a document or exhibit, it shall be inserted in the record in total. If the Administrator in reviewing the record under § 179.112 decides that the presiding o�cer's ruling in excluding the evidence was erroneous and prejudicial, the hearing may be reopened to permit the taking of such evidence, or, where appropriate, the Administrator may evaluate the evidence and proceed to a �nal decision. (d) O�cial notice may be taken of Agency proceedings, any matter that might be judicially noticed by the courts of the United States, or any other fact within the knowledge and experience of the Agency as an expert agency. Any party shall be given adequate opportunity to show that such facts are erroneously noticed by presenting evidence to the contrary. (a) Promptly after the taking of evidence is completed, the presiding o�cer will announce a schedule for the �ling of briefs. Briefs must include a statement of position on each issue, with speci�c and complete citations to the evidence and points of law relied on. Briefs https://www.ecfr.gov/current/title-40/section-179.80 https://www.ecfr.gov/current/title-40/section-179.81 https://www.ecfr.gov/current/title-40/section-179.112 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 13/16 Subpart F - Decisions and Appeals § 179.101 Interlocutory appeal from ruling of presiding of�icer. § 179.105 Initial decision. must contain proposed �ndings of fact and conclusions of law. (b) The presiding o�cer may, as a matter of discretion, permit oral argument after the briefs are �led. (a) Except as provided in paragraph (b) of this section and in §§ 179.20(b), 179.42(f), 179.75(b), and 179.90(f), rulings of the presiding o�cer may not be appealed to the Administrator before the Administrator's consideration of the entire record of the hearing. (b) A ruling of the presiding o�cer is subject to interlocutory appeal to the Administrator if the presiding o�cer certi�es on the record or by document submitted under § 179.80 that immediate review is necessary to prevent exceptional delay, expense, or prejudice to any party or substantial harm to the public interest. When an order or ruling is not certi�ed by the presiding o�cer, it shall be reviewed by the Administrator only upon appeal from the initial decision except when the Administrator determines upon the request of a party and in exceptional circumstances, that delaying review would be deleterious to vital public or private interests. Except in extraordinary circumstances, proceedings will not be stayed pending an interlocutory appeal. Where a stay is granted, a stay of more than 30 days must be approved by the Administrator. (c) Ordinarily, the interlocutory appeal will be decided on the basis of the submission made to the presiding o�cer, but the Administrator may allow further briefs and oral arguments. Any oral argument will be transcribed and the transcript will be prepared and certi�ed in the same manner as provided in § 179.94. (a) After the �ling of briefs and any oral argument, the presiding o�cer shall prepare and �le an initial decision on the issues of fact in the hearing and the objections relating to those issues. (b) The initial decision must be based on a fair evaluation of the entire record, and must contain: (1) (i) A conclusion that no change is warranted in the order or regulation to which objection was taken; or (ii) A conclusion that changes in the order or regulation are warranted, the language of the order or regulation as changed, and an effective date for the order or regulation as changed. (2) Findings of fact supported by reliable, probative and substantial evidence that has been found admissible by the presiding o�cer, and adequate citations to the record supporting those �ndings. (3) Conclusions on legal and policy issues, if such conclusions are necessary to resolve the objections. (4) A discussion of the reasons for the �ndings and conclusions, including a discussion of the signi�cant contentions made by any party. https://www.ecfr.gov/current/title-40/section-179.101#p-179.101(b) https://www.ecfr.gov/current/title-40/section-179.20#p-179.20(b) https://www.ecfr.gov/current/title-40/section-179.42#p-179.42(f) https://www.ecfr.gov/current/title-40/section-179.75#p-179.75(b) https://www.ecfr.gov/current/title-40/section-179.90#p-179.90(f) https://www.ecfr.gov/current/title-40/section-179.80 https://www.ecfr.gov/current/title-40/section-179.94 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 14/16 [55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33360, June 8, 2005] § 179.107 Appeal from or review of initial decision. § 179.110 Determination by Administrator to review initial decision. Within 10 days following the expiration of the time for �ling exceptions (including any extensions), the Administrator may �le with the hearing clerk, and serve on the parties, a notice of the Administrator's determination to review the initial decision. The Administrator may invite the parties to �le briefs or present oral argument on the matter. The time for �ling briefs or presenting oral argument will be speci�ed in that or a later notice. § 179.112 Decision by Administrator on appeal or review of initial decision. (c) Except as otherwise provided by order of the Administrator �led in accordance with § 179.80, after the initial decision is �led, the presiding o�cer has no further jurisdiction over the matter and any motions or requests �led with the hearing clerk will be decided by the Administrator. (d) The initial decision becomes the �nal decision of the Administrator by operation of law unless a party �les exceptions with the hearing clerk under § 179.107 or the Administrator �les a notice of review under § 179.110. (a) A party may appeal an initial decision to the Administrator by �ling exceptions with the hearing clerk, and serving them on the other parties, within the period speci�ed in the initial decision. The period may not exceed 30 days, unless extended by the Administrator under paragraph (d) of this section. (b) Exceptions must speci�cally identify alleged errors in the �ndings of fact or conclusions of law or policy in the initial decision and, if errors in the �ndings of fact are alleged, must provide supporting citations to evidence of record. Oral argument before the Administrator may be requested in the exceptions. (c) Any reply to the exceptions is to be �led and served within the timeperiod speci�ed in the initial decision. The timeperiod may not exceed 30 days after the end of the period (including any extensions) for �ling exceptions, unless extended by the Administrator under paragraph (d) of this section. (d) The Administrator may extend the time for �ling exceptions or replies to exceptions for good cause shown. (e) If the Administrator decides to hear oral argument, the parties will be informed of the date, time, and place; the amount of time allotted to each party, and the issues to be addressed. (a) On appeal from or review of the initial decision, the Administrator shall have the same powers as did the presiding o�cer in making the initial decision. On the Administrator's own initiative or on motion, the Administrator may remand the matter to the presiding o�cer for any further action necessary for a proper decision. (b) The scope of the issues on appeal to, or on review by the Administrator is the same as the scope of the issues before the presiding o�cer, unless the Administrator speci�es otherwise. https://www.federalregister.gov/citation/55-FR-50293 https://www.federalregister.gov/citation/70-FR-33360 https://www.ecfr.gov/current/title-40/section-179.80 https://www.ecfr.gov/current/title-40/section-179.107 https://www.ecfr.gov/current/title-40/section-179.110 https://www.ecfr.gov/current/title-40/section-179.107#p-179.107(d) https://www.ecfr.gov/current/title-40/section-179.107#p-179.107(d) 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 15/16 § 179.115 Motion to reconsider a �inal order. A party may �le a motion requesting the Administrator to reconsider a �nal decision under this part. Any such motion must be �led within 10 days after service of the �nal decision, and must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors. Such a motion shall not stay the effective date of the �nal decision unless speci�cally so ordered by the Administrator. § 179.117 Designation and powers of judicial of�icer. [55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012] Subpart G - Judicial Review § 179.125 Judicial review. [55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33360, June 8, 2005] § 179.130 Administrative record. (c) After the �ling of briefs and any oral argument, the Administrator will issue a �nal decision on the issues of fact in the hearing and the objections related to those issues. A �nal decision must contain the elements required for an initial decision by § 179.105(b). (d) The Administrator may adopt the initial decision as the �nal decision. (e) The Administrator's decision, or a summary of the decision and a notice of its availability, will be published in the FEDERAL REGISTER. (a) One or more judicial o�cers may be designated by the Administrator. A judicial o�cer shall be an attorney who is a permanent or temporary employee of the Agency or of another Federal agency. A judicial o�cer may perform other duties. A judicial o�cer who performs any duty under this part may not be employed by OCSPP, by the Pesticides and Toxic Substances Division of the O�ce of General Counsel, or by any other person who is a representative of OCSPP in the hearing. A person may not be designated as a judicial o�cer in a hearing if he or she performed any prosecutorial or investigative functions in connection with that hearing or any other factually related hearing. (b) The Administrator may delegate to the judicial o�cer all or part of the Administrator's authority to act in a given proceeding under this part. Such a delegation does not prevent the judicial o�cer from referring any motion or case to the Administrator when appropriate. (a) The Administrator's �nal decision is �nal agency action reviewable in the courts as provided by FFDCA section 408(h), as of the date of publication of the order in the FEDERAL REGISTER. The failure of a person to �le a petition for judicial review within the period ending on the 60th day after the date of the publication of the order constitutes a waiver under FFDCA section 408(h) of the right to judicial review of the order and of any regulation promulgated by the order. (b) The record for judicial review of a �nal decision under this part consists of the record described in § 179.130. https://www.federalregister.gov/citation/55-FR-50293 https://www.federalregister.gov/citation/57-FR-28087 https://www.federalregister.gov/citation/77-FR-46292 https://www.federalregister.gov/citation/55-FR-50293 https://www.federalregister.gov/citation/70-FR-33360 https://www.ecfr.gov/current/title-40/section-179.105#p-179.105(b) https://www.ecfr.gov/current/title-40/section-179.130 9/16/21, 3:01 PM eCFR :: 40 CFR Part 179 -- Formal Evidentiary Public Hearing https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-179 16/16 [55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33360, June 8, 2005] (a) For purposes of judicial review, the record of a hearing that culminates in a �nal decision of the Administrator under § 179.105(d) or § 179.112(c) ruling on an objection shall consist of: (1) The objection ruled on (and any request for hearing that was included with the objection). (2) Any order issued under § 180.7(g) of this chapter to which the objection related, and: (i) The regulation or petition denial that was the subject of that order. (ii) The petition to which such order responded. (iii) Any amendment or supplement of the petition. (iv) The data and information submitted in support of the petition. (v) The notice of �ling of the petition. (3) Any order issued under § 180.29(f) of this chapter to which the objection related, the regulation that was the subject of that order, and each related Notice of Proposed Rulemaking. (4) The comments submitted by members of the public in response to the Notice of Filing or Notice of Proposed Rulemaking, and the information submitted as part of the comments, the Administrator's response to comments and the documents or information relied on by the Administrator in issuing the regulation or order. (5) All other documents or information submitted to the docket for the rulemaking in question under parts 177 or part 180 of this chapter. (6) The Notice of Hearing published under § 179.20. (7) All notices of participation �led under § 179.42. (8) Any FEDERAL REGISTER notice issued under this part that pertains to the proceeding. (9) All submissions �led under § 179.80. (10) Any document of which o�cial notice was taken under § 179.95. (b) The record of the administrative proceeding is closed: (1) With respect to the taking of evidence, when speci�ed by the presiding o�cer. (2) With respect to pleadings, at the time speci�ed in § 179.98(a) for the �ling of briefs. (c) The presiding o�cer may reopen the record to receive further evidence at any time before the �ling of the initial decision. https://www.federalregister.gov/citation/55-FR-50293 https://www.federalregister.gov/citation/70-FR-33360 https://www.ecfr.gov/current/title-40/section-179.105#p-179.105(d) https://www.ecfr.gov/current/title-40/section-179.112#p-179.112(c) https://www.ecfr.gov/current/title-40/section-180.7#p-180.7(g) https://www.ecfr.gov/current/title-40/section-180.29#p-180.29(f) https://www.ecfr.gov/current/title-40/part-177 https://www.ecfr.gov/current/title-40/part-180 https://www.ecfr.gov/current/title-40/section-179.20 https://www.ecfr.gov/current/title-40/section-179.42 https://www.ecfr.gov/current/title-40/section-179.80 https://www.ecfr.gov/current/title-40/section-179.95 https://www.ecfr.gov/current/title-40/section-179.98#p-179.98(a) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1/1218 Welcome to the new eCFR! Check out our Getting Started guide to make the most of the new site. Displaying title 40, up to date as of 9/14/2021. Title 40 was last amended 9/14/2021.  There are Federal Register documents that will modify this content. See the 'Cross Reference' blocks in the text of this content for more information.  Title 40 PART 180 - TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Authority: 21 U.S.C. 321(q), 346a and 371. Source: 36 FR 22540, Nov. 25, 1971, unless otherwise noted. GLOSSARY Note: The items in this glossary were compiled as an aid to the users of the Code of Federal Regulations. Inclusion or exclusion from this glossary has no legal signi�cance. APPLI = APPLICATION C-I MET = CHOLINESTERASE-INHIBITING METABOLITES CARB = CARBAMATES EPWRR = EDIBLE PORTION WITH RIND REMOVED EXC = EXCEPT I (IN PPM COLUMN) = INTERIM TOLERANCE View table of contents for this page Nomenclature changes to part 180 appear at 62 FR 66023, Dec. 17, 1997. EDITORIAL NOTE ENHANCED CONTENT https://www.ecfr.gov/reader-aids/using-ecfr/getting-started https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 2/1218 INC = INCLUDING K = CWHR = KERNEL PLUS COB WITH HUSK REMOVED MBYP = MEAT BYPRODUCTS MIN = MINIMUM N (IN PPM COLUMN) = NEGLIGIBLE RESIDUES NMT = NOT MORE THAN NON-PER BAG/PKGD RAC = NON-PERISHABLE PACKAGED OR BAGGED RAW AGRICULTURAL COMMODITY PPM = PART(S) PER MILLION POST-H = POSTHARVEST APPLICATION PRE-H = PREHARVEST APPLICATION PRE-S = PRESLAUGHTER APPLICATION PRODS = PRODUCTS rollert T (IN PPM COLUMN) = TEMPORARY TOLERANCE [41 FR 4537, Jan. 30, 1976] Subpart A - De�initions and Interpretative Regulations § 180.1 De�initions and interpretations. (a) Administrator, without quali�cation, means the Administrator of the Environmental Protection Agency. (b) Agency, without quali�cation, means the Environmental Protection Agency. (c) FFDCA means the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 301-392. (d) Raw agricultural commodities include, among other things, fresh fruits, whether or not they have been washed and colored or otherwise treated in their unpeeled natural form; vegetables in their raw or natural state, whether or not they have been stripped of their outer leaves, waxed, prepared into fresh green salads, etc.; grains, nuts, eggs, raw milk, meats, and similar agricultural produce. It does not include foods that have been processed, fabricated, or manufactured by cooking, freezing, dehydrating, or milling. (e) Where a raw agricultural commodity bearing a pesticide chemical residue that has been exempted from the requirement of a tolerance, or which is within a tolerance permitted under FFDCA section 408, is used in preparing a processed food, the processed food will https://www.govinfo.gov/link/uscode/21/301 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 3/1218 Alfalfa Medicago sativa L. Subsp. sativa, (alfalfa, lucerne); Onobrychis viciifolia Scop. (sainfoin, holy clover, esparcet); and Lotus corniculatus L. (trefoil); and varieties and/or hybrids of these. Banana Banana, plantain. Basil (Ocimum spp.) Basil (Ocimum basilicum L.); Basil, American (Ocimum americanum L.); Basil, Greek (Ocimum minimum L.); Basil, holy (Ocimum tenui�orum L.); Basil, lemon (Ocimum x citriodorum Vis.); Basil, Russian (Ocimum gratissimum L.) Bean Cicer arietinum (chickpea, garbanzo bean); Lupinus spp. (including sweet lupine, white sweet lupine, white lupine, and grain lupine). Phaseolus spp. (including kidney bean, lima bean, mung bean, navy bean, pinto bean, snap bean, and waxbean; Vicia faba (broad bean, fava bean); Vigna spp. (including asparagus bean, blackeyed pea and cowpea). Bean, dry All beans above in dry form only. Bean, succulent All beans above in succulent form only. not be considered unsafe within the meaning of FFDCA sections 402 and 408(a), despite the lack of a tolerance or exemption for the pesticide chemical residue in the processed food, if: (1) The pesticide chemical has been used in or on the raw agricultural commodity in conformity with a tolerance under this section; (2) The pesticide chemical residue has been removed to the extent possible in good manufacturing practice; and (3) The concentration of the pesticide chemical residue in the processed food is not greater than the tolerance prescribed for the pesticide chemical residue on the raw agricultural commodity. (f) For the purpose of computing fees as required by § 180.33, each group of related crops listed in § 180.34(e) and each crop group or subgroup listed in § 180.41 is counted as a single raw agricultural commodity in a petition or request for tolerances or exemption from the requirement of a tolerance. (g) Tolerances and exemptions established for pesticide chemicals in or on the general category of raw agricultural commodities listed in column A apply to the corresponding speci�c raw agricultural commodities listed in column B. However, a tolerance or exemption for a speci�c commodity in column B does not apply to the general category in column A. A B https://www.ecfr.gov/current/title-40/section-180.33 https://www.ecfr.gov/current/title-40/section-180.34#p-180.34(e) https://www.ecfr.gov/current/title-40/section-180.41 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 4/1218 Blackberry Rubus eubatus (including bingleberry, black satin berry, boysenberry Cherokee blackberry, Chesterberry, Cheyenne blackberry, coryberry, darrowberry, dewberry, Dirksen thornless berry, Himalayaberry, hullberry, Lavacaberry, lowberry, Lucretiaberry, mammoth blackberry, marionberry, nectarberry, olallieberry, Oregon evergreen berry, phenomenalberry, rangerberry, ravenberry, rossberry, Shawnee blackberry, and varieties and/or hybrids of these). Broccoli Broccoli, Chinese broccoli (gai lon, white �owering broccoli). Cabbage Cabbage, Chinese cabbage (tight-heading varieties only). Caneberry Rubus spp. (including blackberry); Rubus caesius (youngberry); Rubus loganbaccus (loganberry); Rubus idaeus (red and black raspberry); cultivars, varieties, and/or hybrids of these. Celery Celery, Florence fennel (sweet anise, sweet fennel, �nochio) (fresh leaves and stalks only). Cherry Cherry, sweet, and cherry, tart. Endive Endive, escarole. Fern, edible, �ddlehead Fern, edible, �ddlehead including: Black lady fern, Deparia japonica (Thunb.) M. Kato; Bracken fern, Pteridium aquilinum (L.) Kuhn; Broad buckler fern, Dryopteris dilatata (Hoffm.) A. Gray; Cinnamon fern, Osmundastrum cinnamomeum (L.) C. Presl; Lady fern, Athyrium �lix femina (L.) Roth ex Mert.; Leather fern, Acrostichum aureum L.; Mother fern, Diplazium proliferum (Lam.) Thouars; Ostrich fern, Matteuccia struthiopteris (L.) Tod.; Vegetable fern, Diplazium esculentum (Retz.) Sw.; Zenmai fern, Osmuda japonica Thunb. Flowers, edible, multiple species Acacia blossoms (Acacia senegal (L.) Willd.); Alyssum, sweet (Lobularia maritima (L.) Desv.); Anchusa, garden (Anchusa azurea Mill.); Angelica (Angelica archangelica L.); Apricot, Japanese (Prunus mume Siebold & Zucc.); Arnica (Arnica montana L.); Arugula (Eruca sativa Mill.); Balm (Melissa o�cinalis L.); Banana (Musa spp.); Basil (Ocimum spp.); Begonia, tuberous (Begonia x tuberhybrida Voss); Bilimbi (Averrhoa bilimbi L.); Bisnaga (Ammi visnaga (L.) Lam.); Blue thistle (Centaurea benedicta (L.) L.); Borage (Borago o�cinalis L.); Broccoli (Brassica oleracea L. var. italica Plenck); Bugelweed (Lycopus spp.); Burnet (Sanguisorba spp.); Calendula (Calendula o�cinalis L.); Canadian A B 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 5/1218 goldenrod (Solidago canadensis L.); Caper (Capparis spinosa L.); Carambola (Averrhoa carambola L.); Carnation (Dianthus caryophyllus L.); Celandine, greater (Chelidonium majus L.); Chamomile (Chamaemelum spp. and Matricaria spp.); Chaparral (Larrea tridentata (DC.) Coville); Chervil (Anthriscus cerefolium (L.) Hoffm.); Chicory (Cichorium intybus L.); Chive, Chinese (Allium tuberosum Rottler ex Spreng.); Chrysanthemum (Chrysanthemum spp.); Clary (Salvia sclarea L.); Cleavers (Galium aparine L); Clove (Syzygium aromaticum (L.) Merr. & L. M. Perry); Clover, red (Trifolium pratense L.); Coriander/Cilantro (Coriandrum sativum L.); Corn�ower (Centaurea cyanus L.); Costmary (Tanacetum balsamita L. subsp. balsamita); Daisy, English (Bellis perennis L.); Dames rocket (Hesperis matronalis L.); Damiana (Turnera diffusa Willd); Dandelion (Taraxacum o�cinale F. H. Wigg. aggr.); Daylily (Hemerocallis fulva (L.) L.); Dill (Anethum graveolens L.); Elder (Sambucus nigra L.); Eyebright (Euphrasia spp.); Feijoa (Acca sellowiana (O. Berg) Burret); Fennel (common) (Foeniculum vulgare Mill. subsp. vulgare var. vulgare); Frangipani (Plumeria rubra L.); Fuchsia (Fuchsia spp.); Gardenia (Gardenia jasminoides J. Ellis); Geranium (Pelargonium spp.); Geranium, lemon (Pelargonium crispum (P.J. Bergius) L'Her.); Geranium, rose (Pelargonium graveolens L'Hér.); Ginger, white (Hedychium coronarium J. Koenig); Gladiolus (Gladiolus spp.); Greater periwinkle (Vinca major L.); Hawthorn (Crataegus monogyna Jacq. Crataegus spp.); Hibiscus (Hibiscus spp.); Hibiscus, Chinese (Hibiscus rosa-sinensis L.); Hollyhock (Alcea rosea L.); Honeysuckle, Japanese (Lonicera japonica Thunb.); Horehound (Marrubium vulgare L.); Hyssop (Hyssopus o�cinalis L.); Hyssop, anise (Agastache foeniculum (Pursh) Kuntze); Impatiens (Impatiens walleriana Hook. f.); Jasmine, Arabian (Jasminum sambac (L.) Aiton); Kewra (Pandanus fascicularis Lam.); Lavender (Lavandula angustifolia Mill.); Lemon (Citrus limon (L.) Burm. f.); Lilac (Syringa vulgaris L.); Lily (Lilium spp.); Lily, mariposa (Calochortus gunnisonii S. Watson); Lily, sego (Calochortus nuttallii Torr. & A. Gray); Lotus (Nelumbo nucifera Gaertn.); Lovage (Levisticum o�cinale W. D. J. Koch); Mallow, high (Malva sylvestris L.); Marigold (Tagetes spp.); Marjoram (Origanum spp.); Meadowsweet (Filipendula ulmaria (L.) Maxim.); Mint (Mentha spp.); Mioga (Zingiber mioga (Thunb.) Roscoe); Monarda (Monarda spp.); Motherwort (Leonurus cardiaca L.); Mullein (Verbascum thapsus L., Verbascum spp.); Mustard (Brassica spp. and Sinapis spp.); Nasturtium (Tropaeolum spp.); Okra (Abelmoschus esculentus (L.) Moench); Orange, bitter (Citrus aurantium L.); Passion �ower (Passi�ora spp.); Pea blossoms (Pisum sativum L. subsp. sativum var. sativum); Peach (Prunus persica (L.) Batsch var. persica); Peony, common (Paeonia o�cinalis L.); Perilla (Perilla A B 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 6/1218 frutescens (L.) Britton); Petunia (Petunia x hybrida hort. ex E. Vilm.); Primrose (Primula vulgaris Huds.); Puget sound gumweed (Grindelia integrifolia DC.); Purslane, winter (Claytonia perfoliata Donn ex Willd.); Radish (Raphanus sativus L.); Redbud (Cercis canadensis L.); Rose (Rosa spp.); Rosemary (Rosmarinus o�cinalis L.); Rose-of-Sharon ((Hibiscus syriacus L.); Runner bean, scarlet (Phaseolus coccineus L.); Sa�ower (Carthamus tinctorius L.); Sage (Salvia o�cinalis L.); Sage, pineapple (Salvia elegans); Savory, summer (Satureja hortensis L.); Saxifrage, burnet (Pimpinella saxifraga L.); Scotch broom (Cytisus scoparius (L.) Link ); Shepherd's purse (Capsella bursa-pastoris (L.) Medik.); Snapdragon (Antirrhinum majus L.); Sorrel, garden (Rumex acetosa L.); Sorrel, wood (Oxalis acetosella L.); Spilanthes (Blainvillea acmella (L.) Philipson); Squash (Cucurbita spp.); Stock, gilly�ower (Matthiola incana (L.) W. T. Aiton); Stoneroot (Collinsonia canadensis L.); Sun�ower (Helianthus annuus L.); Sweet william (Dianthus barbatus L.); Sweet wormwood (Artemisia annua L.); Thyme (Thymus vulgaris L.); Tuberose (Polianthes tuberosa L.); Tulip (Tulipa spp.); Verbena, blue (Verbena hastate L.); Verbena, lemon (Aloysia citrodora Palau); Violet (Viola spp.); Wormwood (Artemisia absinthium L); Yarrow (Achillea millefolium L.); Yucca (Yucca spp.); and other edible �owers. Flowers, edible, multiple species Acacia blossoms (Acacia senegal (L.) Willd.); Alyssum, sweet (Lobularia maritima (L.) Desv.); Anchusa, garden (Anchusa azurea Mill.); Angelica (Angelica archangelica L.); Apricot, Japanese (Prunus mume Siebold & Zucc.); Arnica (Arnica montana L.); Arugula (Eruca sativa Mill.); Balm (Melissa o�cinalis L.); Banana (Musa spp.); Basil (Ocimum spp.); Begonia, tuberous (Begonia x tuberhybrida Voss); Bilimbi (Averrhoa bilimbi L.); Bisnaga (Ammi visnaga (L.) Lam.); Blue thistle (Centaurea benedicta (L.) L.); Borage (Borago o�cinalis L.); Broccoli (Brassica oleracea L. var. italica Plenck); Bugelweed (Lycopus spp.); Burnet (Sanguisorba spp.); Calendula (Calendula o�cinalis L.); Canadian goldenrod (Solidago canadensis L.); Caper (Capparis spinosa L.); Carambola (Averrhoa carambola L.); Carnation (Dianthus caryophyllus L.); Celandine, greater (Chelidonium majus L.); Chamomile (Chamaemelum spp. and Matricaria spp.); Chaparral (Larrea tridentata (DC.) Coville); Chervil (Anthriscus cerefolium (L.) Hoffm.); Chicory (Cichorium intybus L.); Chive, Chinese (Allium tuberosum Rottler ex Spreng.); Chrysanthemum (Chrysanthemum spp.); Clary (Salvia sclarea L.); Cleavers (Galium aparine L); Clove (Syzygium aromaticum (L.) Merr. & L. M. Perry); Clover, red (Trifolium pratense L.); Coriander/Cilantro (Coriandrum sativum L.); Corn�ower (Centaurea cyanus L.); Costmary (Tanacetum balsamita L. subsp. balsamita); Daisy, English (Bellis A B 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 7/1218 perennis L.); Dames rocket (Hesperis matronalis L.); Damiana (Turnera diffusa Willd); Dandelion (Taraxacum o�cinale F. H. Wigg. aggr.); Daylily (Hemerocallis fulva (L.) L.); Dill (Anethum graveolens L.); Elder (Sambucus nigra L.); Eyebright (Euphrasia spp.); Feijoa (Acca sellowiana (O. Berg) Burret); Fennel (common) (Foeniculum vulgare Mill. subsp. vulgare var. vulgare); Frangipani (Plumeria rubra L.); Fuchsia (Fuchsia spp.); Gardenia (Gardenia jasminoides J. Ellis); Geranium (Pelargonium spp.); Geranium, lemon (Pelargonium crispum (P.J. Bergius) L'Her.); Geranium, rose (Pelargonium graveolens L'Hér.); Ginger, white (Hedychium coronarium J. Koenig); Gladiolus (Gladiolus spp.); Greater periwinkle (Vinca major L.); Hawthorn (Crataegus monogyna Jacq. Crataegus spp.); Hibiscus (Hibiscus spp.); Hibiscus, Chinese (Hibiscus rosa-sinensis L.); Hollyhock (Alcea rosea L.); Honeysuckle, Japanese (Lonicera japonica Thunb.); Horehound (Marrubium vulgare L.); Hyssop (Hyssopus o�cinalis L.); Hyssop, anise (Agastache foeniculum (Pursh) Kuntze); Impatiens (Impatiens walleriana Hook. f.); Jasmine, Arabian (Jasminum sambac (L.) Aiton); Kewra (Pandanus fascicularis Lam.); Lavender (Lavandula angustifolia Mill.); Lemon (Citrus limon (L.) Burm. f.); Lilac (Syringa vulgaris L.); Lily (Lilium spp.); Lily, mariposa (Calochortus gunnisonii S. Watson); Lily, sego (Calochortus nuttallii Torr. & A. Gray); Lotus (Nelumbo nucifera Gaertn.); Lovage (Levisticum o�cinale W. D. J. Koch); Mallow, high (Malva sylvestris L.); Marigold (Tagetes spp.); Marjoram (Origanum spp.); Meadowsweet (Filipendula ulmaria (L.) Maxim.); Mint (Mentha spp.); Mioga (Zingiber mioga (Thunb.) Roscoe); Monarda (Monarda spp.); Motherwort (Leonurus cardiaca L.); Mullein (Verbascum thapsus L., Verbascum spp.); Mustard (Brassica spp. and Sinapis spp.); Nasturtium (Tropaeolum spp.); Okra (Abelmoschus esculentus (L.) Moench); Orange, bitter (Citrus aurantium L.); Passion �ower (Passi�ora spp.); Pea blossoms (Pisum sativum L. subsp. sativum var. sativum); Peach (Prunus persica (L.) Batsch var. persica); Peony, common (Paeonia o�cinalis L.); Perilla (Perilla frutescens (L.) Britton); Petunia (Petunia x hybrida hort. ex E. Vilm.); Primrose (Primula vulgaris Huds.); Puget sound gumweed (Grindelia integrifolia DC.); Purslane, winter (Claytonia perfoliata Donn ex Willd.); Radish (Raphanus sativus L.); Redbud (Cercis canadensis L.); Rose (Rosa spp.); Rosemary (Rosmarinus o�cinalis L.); Rose-of-Sharon ((Hibiscus syriacus L.); Runner bean, scarlet (Phaseolus coccineus L.); Sa�ower (Carthamus tinctorius L.); Sage (Salvia o�cinalis L.); Sage, pineapple (Salvia elegans); Savory, summer (Satureja hortensis L.); Saxifrage, burnet (Pimpinella saxifraga L.); Scotch broom (Cytisus scoparius (L.) Link ); Shepherd's purse (Capsella bursa-pastoris (L.) Medik.); Snapdragon (Antirrhinum majus L.); Sorrel, garden (Rumex A B 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 8/1218 acetosa L.); Sorrel, wood (Oxalis acetosella L.); Spilanthes (Blainvillea acmella (L.) Philipson); Squash (Cucurbita spp.); Stock, gilly�ower (Matthiola incana (L.) W. T. Aiton); Stoneroot (Collinsonia canadensis L.); Sun�ower (Helianthus annuus L.); Sweet william (Dianthus barbatus L.); Sweet wormwood (Artemisia annua L.); Thyme (Thymus vulgaris L.); Tuberose (Polianthes tuberosa L.); Tulip (Tulipa spp.); Verbena, blue (Verbena hastate L.); Verbena, lemon (Aloysia citrodora Palau); Violet (Viola spp.); Wormwood (Artemisia absinthium L); Yarrow (Achillea millefolium L.); Yucca (Yucca spp.); and other edible �owers. Fruit, citrus Grapefruit, lemon, lime, orange, tangelo, tangerine, citrus citron, kumquat, and hybrids of these. Garlic Garlic, great headed; garlic, and serpent garlic. Guava Guava (Psidium guajava L.); Guava, cattley (Psidium cattleyanum Sabine); Guava, Para (Psidium acutangulum DC.); Guava, purple strawberry (Psidium cattleyanum Sabine var. cattleyanum); Guava, strawberry (Psidium cattleyanum Sabine var. littorale (Raddi) Fosberg); Guava, yellow strawberry (Psidium cattleyanum Sabine var. cattleyanum forma lucidum O. Deg.) Lettuce Lettuce, head; and lettuce, leaf Lettuce, head Lettuce, head; crisphead varieties only Lettuce, leaf Lettuce, leaf; cos (romaine), butterhead varieties A B 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 9/1218 Marjoram (Origanum spp.); Marjoram, pot (Origanum onites L.); Marjoram, sweet (Origanum majorana L.); Oregano (Origanum vulgare L.) Origanum spp. (includes sweet or annual marjoram, wild marjoram or oregano, and pot marjoram). Melon Muskmelon, including hybrids and/or varieties of Cucumis melo (including true cantaloupe, cantaloupe, casaba, Santa Claus melon, crenshaw melon, honeydew melon, honey balls, Persian melon, golden pershaw melon, mango melon, pineapple melon, snake melon); and watermelon, including hybrids and/or varieties of (Citrullus spp.). Mint (Mentha spp.) Mint (Mentha spp.); Applemint (Mentha suaveolens Ehrh.); Horsemint (Mentha longifolia (L.) Huds.); Mint, corn (Mentha arvensis L.); Peppermint (Mentha. x piperita L.); Spearmint, (Mentha spicata L.); Spearmint, Scotch (Mentha x gracilis Sole); Watermint (Mentha aquatica L.); Pennyroyal (Mentha pulegium L.) Muskmelon Cucumis melo (includes true cantaloupe, cantaloupe, casaba, Santa Claus melon, crenshaw melon, honeydew melon, honey balls, Persian melon, golden pershaw melon, mango melon, pineapple melon, snake melon, and other varieties and/or hybrids of these.) Onion Bulb onion; green onion; and garlic. Onion, bulb Bulb onion; garlic; great headed garlic; serpent garlic; Chinese onion; pearl onion; potato onion; and shallot, bulb. Onion, green Green onion; lady's leek; leek; wild leek; Beltsville bunching onion; fresh onion; tree onion, tops; Welsh onion; and shallot, fresh leaves. A B 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 10/1218 Palm hearts Palm hearts, various species, including: African fan palm, Borassus aethiopum Mart.; Cabbage palm, Euterpe oleracea Mart.; Cabbage palmetto, Sabal palmetto (Walter) Schult. & Schult. f.; Coconut, Cocos nucifera L.; Palmyra palm, Borassus �abellifera L.; Peach Palm, Bactris gasipaes Kunth; Royal palm, Roystonea oleracea (Jacq.) O.F. Cook; Salak palm, Salacca zalacca (Gaertn.) Voss; Saw palmetto, Serenoa repens (W. Bartram) Small; Wine palm, Raphia spp. Peach Peach, nectarine Pea Cajanus cajan (includes pigeon pea); Cicer spp. (includes chickpea and garbanzo bean); Lens culinaris (lentil); Pisum spp. (includes dwarf pea, garden pea, green pea, English pea, �eld pea, and edible pod pea). [Note: A variety of pesticide tolerances have been previously established for pea and/or bean. Chickpea/garbanzo bean is now classi�ed in both the bean and the pea categories. For garbanzo bean/chickpea only, the highest established pea or bean tolerance will apply to pesticide residues found in this commodity.] Pea, dry All peas in dry form only. Pea, succulent All peas in succulent form only. Pepper All varieties of pepper including pimento and bell, hot, and sweet pepper. Radish, oriental, roots Raphanus sativus var. longipinnatus (roots and tops), including Chinese or Japanese radish (both white and red), winter radish, daikon, lobok, lo pak, and other cultivars and/or hybrids of these. Radish, oriental, tops) Raphanus sativus var. longipinnatus (roots and tops), including Chinese or Japanese radish (both white and red), winter radish, daikon, lobok, lo pak, and other cultivars and/or hybrids of these. Rapeseed Brassica napus, B. campestris, and Crambe abyssinica (oilseed producing varieties only which include canola and crambe.) Raspberry Rubus spp. (including bababerry; black raspberry; blackcap; caneberry; framboise; frambueso; himbeere; keriberry; mayberry; red raspberry; thimbleberry; tulameen; yellow raspberry; and cultivars, varieties, and/or hybrids of these). A B 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 11/1218 Sorghum, grain, grain Sorghum spp. [sorghum, grain, sudangrass (seed crop), and hybrids of these grown for its seed]. Sorghum, forage, stover Sorghum spp. [sorghum, forage; sorghum, stover; sudangrass, and hybrids of these grown for forage and/or stover. Squash Pumpkin, summer squash, and winter squash. Sugar apple Annona squamosa L. and its hybrid atemoya (Annona cherimola Mill X A. squamosa L.) Also includes true custard apple (Annona reticulata L.). Squash, summer Fruits of the gourd (Cucurbitaceae) family that are consumed when immature, 100% of the fruit is edible either cooked or raw, once picked it cannot be stored, has a soft rind which is easily penetrated, and if seeds were harvested they would not germinate; e.g., Cucurbita pepo (i.e., crookneck squash, straightneck squash, scallop squash, and vegetable marrow); Lagenaria spp. (i.e., spaghetti squash, hyotan, cucuzza); Luffa spp. (i.e., hechima, Chinese okra); Momordica spp. (i.e., bitter melon, balsam pear, balsam apple, Chinese cucumber); Sechium edule (chayote); and other cultivars and/or hybrids of these. Sweet potato Sweet potato, yam. Tangerine Tangerine (mandarin or mandarin orange); clementine; Mediterranean mandarin; satsuma mandarin; tangelo; tangor; cultivars, varieties, and/or hybrids of these. Tomato Tomato, tomatillo. Turnip tops or turnip greens Broccoli raab (raab, raab salad), hanover salad, turnip tops (turnip greens). Wheat Wheat, triticale. (h) Unless otherwise speci�ed in this paragraph or in tolerance regulations prescribed in this part for speci�c pesticide chemicals, the raw agricultural commodity or processed food to be examined for pesticide residues, shall consist of the whole raw agricultural commodity or processed food. (1) The raw agricultural commodity bananas, when examined for pesticide residues, shall not include any crown tissue or stalk. A B 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 12/1218 (2) Shell shall be removed and discarded from nuts before examination for pesticide residues. (3) Caps (hulls) shall be removed and discarded from strawberries before examination for pesticide residues. (4) Stems shall be removed and discarded from melons before examination for pesticide residues. (5) Roots, stems, and outer sheaths (or husks) shall be removed and discarded from garlic bulbs and dry bulb onions, and only the garlic cloves and onion bulbs shall be examined for pesticide residues. (6) Where a tolerance is established on a root vegetable including tops and/or with tops, and the tops and the roots are marketed together, they shall be analyzed separately and neither the pesticide residue on the roots nor the pesticide residue on the tops shall exceed the tolerance level, except that in the case of carrots, parsnips, and rutabagas, the tops shall be removed and discarded before analyzing roots for pesticide residues. (7) The crowns (leaves at the top of the fruit) shall be removed and discarded from pineapples before examination for pesticide residues. (8) The term lima beans means the beans and the pod. (9) The term peanuts means the peanut meat after removal of the hulls. (10) For processed foods consisting primarily of one ingredient and sold in a form requiring further preparation prior to consumption (e.g., fruit juice concentrates, dehydrated vegetables, and powdered potatoes), the processed food to be examined for residues shall be the whole processed commodity after compensating for or reconstituting to the commodity's normal moisture content, unless a tolerance for the concentrated or dehydrated food form is included in this part. If there exists a tolerance for a speci�c pesticide on the processed food in its concentrated or dehydrated food form, for the purpose of determining whether the food is in compliance with that tolerance, the processed food to be examined for residues shall be the whole processed commodity on an “as is” basis. (i) The term pesticide chemical shall have the meaning speci�ed in FFDCA section 201(q)(1), as amended, except as provided in § 180.4. (j) The term negligible residue means any amount of a pesticide chemical remaining in or on a raw agricultural commodity or group of raw agricultural commodities that would result in a daily intake regarded as toxicologically insigni�cant on the basis of scienti�c judgment of adequate safety data. Ordinarily this will add to the diet an amount which will be less than 1/2,000th of the amount that has been demonstrated to have no effect from feeding studies on the most sensitive animal species tested. Such toxicity studies shall usually include at least 90-day feeding studies in two species of mammals. (k) The term nonperishable raw agricultural commodity means any raw agricultural commodity not subject to rapid decay or deterioration that would render it un�t for consumption. Examples are cocoa beans, coffee beans, �eld-dried beans, �eld-dried peas, grains, and nuts. Not included are eggs, milk, meat, poultry, fresh fruits, and vegetables such as onions, parsnips, potatoes, and carrots. (l) The term tolerance with regional registration means any tolerance which is established for pesticide residues resulting from the use of the pesticide pursuant to a regional registration. Such a tolerance is supported by residue data from speci�c growing regions https://www.ecfr.gov/current/title-40/section-180.4 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 13/1218 [36 FR 22540, Nov. 25, 1971] § 180.3 Tolerances for related pesticide chemicals. for a raw agricultural commodity. Individual tolerances with regional registration are designated in separate subsections in 40 CFR 180.101 through 180.999, as appropriate. Additional residue data which are representative of the proposed use area are required to expand the geographical area of usage of a pesticide on a raw agricultural commodity having an established “tolerance with regional registration.” Persons seeking geographically broader registration of a crop having a “tolerance with regional registration” should contact the appropriate EPA product manager concerning additional residue data required to expand the use area. (m) The term pesticide chemical residue shall have the meaning speci�ed in FFDCA section 201(q)(2), as amended, except as provided in § 180.4. (n) The term food commodity means: (1) Any raw agricultural commodity (food or feed) as de�ned in section 201(r) of the Federal Food, Drug, and Cosmetic Act (FFDCA); and (2) Any processed food or feed as de�ned in section 201(gg) of the FFDCA. (a) Pesticide chemicals that cause related pharmacological effects will be regarded, in the absence of evidence to the contrary, as having an additive deleterious action. (For example, many pesticide chemicals within each of the following groups have related pharmacological effects: Chlorinated organic pesticides, arsenic-containing chemicals, metallic dithiocarbamates, cholinesterase-inhibiting pesticides.) (b) Tolerances established for such related pesticide chemicals may limit the amount of a common component (such as As O ) that may be present, or may limit the amount of biological activity (such as cholinesterase inhibition) that may be present, or may limit the total amount of related pesticide chemicals (such as chlorinated organic pesticides) that may be present. 2 3 (c) (1) Where tolerances for inorganic bromide in or on the same raw agricultural commodity are set in two or more sections in this part (example: §§ 180.123 and 180.199), the overall quantity of inorganic bromide to be tolerated from use of the same pesticide in different modes of application or from two or more pesticide chemicals for which tolerances are established is the highest of the separate applicable tolerances. For example, where the bromide tolerance on asparagus from methyl bromide commodity fumigation is 100 parts per million (40 CFR 180.123) and on asparagus from methyl bromide soil treatment is 300 parts per million (40 CFR 180.199), the overall inorganic bromide tolerance for asparagus grown on methyl bromide-treated soil and also fumigated with methyl bromide after harvest is 300 parts per million. For FEDERAL REGISTER citations affecting § 180.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/36-FR-22540 https://www.ecfr.gov/current/title-40/section-180.101 https://www.ecfr.gov/current/title-40/section-180.999 https://www.ecfr.gov/current/title-40/section-180.4 https://www.ecfr.gov/current/title-40/section-180.123 https://www.ecfr.gov/current/title-40/section-180.199 https://www.ecfr.gov/current/title-40/section-180.123 https://www.ecfr.gov/current/title-40/section-180.199 https://www.ecfr.gov/current/title-40/section-180.1 http://www.govinfo.gov/ 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 14/1218 (2) Where tolerances are established in terms of inorganic bromide residues only from use of organic bromide fumigants on raw agricutural commodities, such tolerances are su�cient to protect the public health, and no additional concurrent tolerances for the organic pesticide chemicals from such use are necessary. This conclusion is based on evidence of the dissipation of the organic pesticide or its conversion to inorganic bromide residues in the food when ready to eat. (d) (1) Where tolerances are established for both calcium cyanide and hydrogen cyanide on the same raw agricultural commodity, the total amount of such pesticides shall not yield more residue than that permitted by the larger of the two tolerances, calculated as hydrogen cyanide. (2) Where tolerances are established for residues of both O,O-diethyl S-[2 (ethylthio)ethyl] phosphorodithioate and demeton (a mixture of O,O-diethyl O-(and S-) [2-(ethylthio)ethyl] phosphorothioates) on the same raw agricultural commodity, the total amount of such pesticides shall not yield more residue than that permitted by the larger of the two tolerances, calculated as demeton. (3) Where tolerances are established for both terpene polychlorinates (chlorinated mixture of camphene, pinene, and related terpenes, containing 65-66 percent chlorine) and toxaphene (chlorinated camphene containing 67-69 percent chlorine) on the same raw agricultural commodities, the total amount of such pesticides shall not yield more residue than that permitted by the larger of the two tolerances, calculated as a chlorinated terpene of molecular weight 396.6 containing 67 percent chlorine. (4) Where a tolerance is established for more than one pesticide containing arsenic found in, or on a raw agricultural commodity, the total amount of such pesticide shall not exceed the highest established tolerance calculated as As O2 3. (5) Where tolerances are established for more than one member of the class of dithiocarbamates listed in paragraph (e)(3) of this section on the same raw agricultural commodity, the total residue of such pesticides shall not exceed that permitted by the highest tolerance established for any one member of the class, calculated both as zinc ethylenebisdithiocarbamate and carbon disul�de. The tolerance based on zinc ethylenebisdithiocarbamate shall �rst be multiplied by 0.6 to convert it to the equivalent carbon disul�de tolerance, and then the carbon disul�de tolerance levels will be compared to determine the highest tolerance level per raw agricultural commodity. (6) Where tolerances are established for residues of both S,S,S-tributyl phosphorotrithioate and tributyl phosphorotrithioite in or on the same raw agricultural commodity, the total amount of such pesticides shall not yield more residue than that permitted by the higher of the two tolerances, calculated as S,S,S tributyl phosphorotrithioate. (7) Where tolerances are established for residues of O,S-dimethyl phosphoramidothioate, resulting from the use of acephate (O,S-dimethyl acetylphos phoramidothioate) and/or O,S - dimethylphosphoramidothioate on the same agricultural commodity, the total amount of O,S-dimethyl-phosphoramidothioate shall not yield more residue than that permitted by the higher of the two tolerances. (8) Where a tolerance is established for more than one pesticide having the metabolites 1-(3,4-dichlorophenyl)-3-methylurea (DCPMU) and 3,4-dichlorophenylurea (DCPU) found in or on a raw agricultural commodity, the total amount of such residues shall https://www.ecfr.gov/current/title-40/section-180.3#p-180.3(e)(3) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 15/1218 not exceed the highest established tolerance for a pesticide having these metabolites. (9) Where a tolerance is established for more than one pesticide having as metabolites compounds containing the benzimidazole moiety found in or on a raw agricultural commodity, the total amount of such residues shall not exceed the highest established tolerance for a pesticide having these metabolites. (10) Where a tolerance is established for triclopyr, chloropyrifos, and chlorpyrifos-methyl having the common metabolite 3,5,6-trichloro-2-pyridinol on the same raw agricultural commodity, the total amount of such residues shall not exceed the highest established tolerance for any of the pesticides having the metabolites. (11) Where tolerances are established for more than one pesticide having the metabolite 3,5,6-trichloro-2-pyridinol found in or on the raw agricultural commodity, the total amount of such residues shall not exceed the highest established tolerance for a pesticide having this metabolite. (12) Where tolerances are established for residues of methomyl, resulting from the use of thiodicarb and/or methomyl on the same raw agricultural commodity, the total amount of methomyl shall not yield more residue than that permitted by the higher of the two tolerances. (e) Except as noted in paragraphs (e)(1) and (2) of this section, where residues from two or more chemicals in the same class are present in or on a raw agricultural commodity the tolerance for the total of such residues shall be the same as that for the chemical having the lowest numerical tolerance in this class, unless a higher tolerance level is speci�cally provided for the combined residues by a regulation in this part. (1) Where residues from two or more chemicals in the same class are present in or on a raw agricultural commodity and there are available methods that permit quantitative determination of each residue, the quantity of combined residues that are within the tolerance may be determined as follows: (i) Determine the quantity of each residue present. (ii) Divide the quantity of each residue by the tolerance that would apply if it occurred alone, and multiply by 100 to determine the percentage of the permitted amount of residue present. (iii) Add the percentages so obtained for all residues present. (iv) The sum of the percentages shall not exceed 100 percent. (2) Where residues from two or more chemicals in the same class are present in or on a raw agricultural commodity and there are available methods that permit quantitative determinations of one or more, but not all, of the residues, the amounts of such residues as may be determinable shall be deducted from the total amount of residues present and the remainder shall have the same tolerance as that for the chemical having the lowest numerical tolerance in that class. The quantity of combined residues that are within the tolerance may be determined as follows: (i) Determine the quantity of each determinable residue present. (ii) Deduct the amounts of such residues from the total amount of residues present and consider the remainder to have the same tolerance as that for the chemical having the lowest numerical tolerance in that class. https://www.ecfr.gov/current/title-40/section-180.3#p-180.3(e)(1) https://www.ecfr.gov/current/title-40/section-180.3#p-180.3(e)(2) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 16/1218 A mixture of 5.2 parts by weight of ammoniates of [ethylenebis (dithiocarbamato)] zinc with 1 part by weight ethylenebis [dithiocarbamic acid] bimolecular and trimolecular cyclic anhydrosul�des and disul�des. 2-Chloroallyl diethyldithiocarbamate. Coordination product of zinc ion and maneb containing 20 percent manganese, 2.5 percent zinc, and 77.5 percent ethylenebisdithiocarbamate. Ferbam. Maneb. Manganous dimethyldithiocarbamate. Sodium dimethyldithiocarbamate. Thiram. Zineb. Ziram. Aldrin. BHC (benzene hexachloride). 1,1-Bis(p-chlorophenyl)-2,2,2-trichloroethanol. Chlorbenside (p-chlorobenzyl p-chlorophenyl sul�de). Chlordane. Chlorobenzilate (ethyl 4,4′-dichlorobenzilate). p-Chlorophenoxyacetic acid. p-Chlorophenyl-2,4,5-trichlorophenyl sul�de. (iii) Divide the quantity of each determinable residue by the tolerance that would apply if it occurred alone and the quantity of the remaining residue by the tolerance for the chemical having the lowest numerical tolerance in that class and multiply by 100 to determine the percentage of the permitted amount of residue present. (iv) Add the percentages so obtained for all residues present. (v) The sum of the percentages shall not exceed 100 percent. (3) The following pesticides are members of the class of dithiocarbamates: (4) The following are members of the class of chlorinated organic pesticides: 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 17/1218 2,4-D (2,4-dichlorophenoxyacetic acid). DDD (TDE). DDT. 1,1-Dichloro-2,2-bis(p-ethylphenyl) ethane. 2,6-Dichloro-4-nitroaniline. 2,4-Dichlorophenyl p-nitrophenyl ether. Dieldrin. Dodecachlorooctahydro-1,3,4-metheno-2H-cyclobuta[cd]pentalene. Endosulfan (6,7,8,9,10,10-hexachloro-1,5,5a, 6,9,9a-hexahydro-6,9-methano-2,4,3 benzodioxathiepin-3-oxide). Endosulfan sulfate (6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano 2,4,3-benzodioxathiepin-3,3-dioxide). Heptachlor (1,4,5,6,7,8,8-heptachlor-3a,4,7, 7a-tetrahydro-4,7-methanoindene). Heptachlor epoxide (1,4,5,6,7,8,8-heptachloro-2,3-epoxy-2,3,3a,4,7,7a-hexahydro-4,7 methanoindene). Hexachlorophene (2,2′-methylenebis(3,4,6-trichlorophenol) and its monosodium salt. Isopropyl 4,4′-dichlorobenzilate. Lindane. Methoxychlor. Ovex (p-chlorophenyl p-chlorobenzenesulfonate). Sesone (sodium 2,4-dichlorophenoxyethyl sulfate, SES). Sodium 2,4-dichlorophenoxyacetate. Sodium trichloroacetate. Sulphenone (p-chlorophenyl phenyl sulfone). Terpene polychlorinates (chlorinated mixture of camphene, pinene, and related terpenes 65-66 percent chlorine). 2,3,5,6-Tetrachloronitrobenzene. 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 18/1218 Tetradifon (2,4,5,4′-tetrachlorodiphenyl sulfone). Toxaphene (chlorinated camphene). Trichlorobenzoic acid. Trichlorobenzyl chloride. Acephate (O,S-dimethyl acetyl-phosphoramidothioate) and its cholinesterase inhibiting metabolite O,S-dimethyl phosphoramidothioate. Aldicarb (2-methyl-2-(methylthio) propionaldehyde O-(methylcarbamoyl)oxime) and its chlorinesterase-inhibiting metabolites 2-methyl-2 (methylsul�nyl)propionaldehyde O-(methycarbamoyl) oxime and 2-methyl-2 (methylsulfonyl)propionaldehyde O-(methylcarbamoyl)oxime. 4-tert-Butyl-2-chlorophenyl methyl methyl phosphoramidate. S-[(tert-Butylthio)methyl] O,O-diethyl phosphorodithioate and its cholinesterase inhibiting metabolites. Carbaryl (1-naphthyl N-methylcarbamate). Carbofuran (2,3,-dihydro-2,2-dimethyl-7-benzofuranyl-N-methylcarbamate). Carbofuran metabolite (2,3-dihydro-2,2-dimethyl-3-hydroxy-7-benofuranyl N methylcarbamate). Carbophenothion (S-[(p-chlorophenyl) thiolmethyl] O,O-diethyl phosphorodithioate) and its cholinesterase-inhibiting metabolites. Chlorpyrifos (O,O-diethyl O-(3,5,6-trichloro-2-pyridyl)phosphorothioate). Chlorpyrifos-methyl (O,O-dimethyl-O-(3,5,6-trichloro-2-pyridyl) phosphorothioate. 2-Chloro-1-(2,4,5-trichlorophenyl)vinyl dimethyl phosphate. 2-Chloro-1-(2,4-dichlorophenyl) vinyl diethyl phosphate. Coumaphos (O,O-diethyl O-3-chloro-4-methyl-2-oxo-2H-1-benzopyran-7-yl phosran-7 yl phosphate). Coumaphos oxygen analog (O,O-diethyl O-3-chloro-4-methyl-2-oxo-2H-1 benzopyphorothioate). Dialifor (S-(2-chloro-1-phthalimidoethyl) O,O-diethyl phosphorodithioate). Dialifor oxygen analog (S-(2-chloro-1-phthalimidoethyl) O,O-diethyl phosphorothioate). (5) The following are members of the class of cholinesterase-inhibiting pesticides: 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 19/1218 Demeton (a mixture of O,O-diethyl O-(and S) [2-ethylthio)ethyl] phosphorothioates). Ethiolate (S-ethyl diethylthiocarbamate). 2,2-Dichlorovinyl dimethyl phosphate. O,O-Diethyl S-[2-(ethylthio)ethyl] phosphorodithioate and its cholinesterase inhibiting metabolites. O,O-Diethyl O-(2-diethylamino-6-methyl-4-pyrimidinyl) phosphorothioate and its oxygen analog diethyl 2-diethylamino-6-methyl-4-pyrimidinyl phosphate. O,O-Diethyl O-(2-isoprophyl-4-methyl-6-pyrimidinyl) phosphorothioate. O,O-Diethyl O-[p-(methylsul�nyl)phenyl] phosphorothioate and its cholinesterase inhibiting metabolites. Diethyl 2-pyrazinyl phosphate. O,O-Diethyl O-2-pyrazinyl phosphorothioate. S-(O,O-Diisopropyl phosphorodithioate) of N-(2-mercaptoethyl) benzenesulfonamide S-(O,O-Diisopropyl phosphorodithioate) of N-(2-mercaptoethyl) benzenesulfonamide 2-(Dimethylamino)-5.6-dimethyl-4-pyrimidinyl dimethylcarbamate and its metabolites 5,6-dimethyl-2-(formylmethylamino)-4-pyrimidinyl dimethylcarbamate and 5,6-dimethyl-2-(methylamino)-4-pyrimidinyl dimethylcarbamate (both calculated as parent). Dimethoate (O,O-dimethyl S-(N-methyl-carbamoylmethyl) phosphorodithioate). Dimethoate oxygen analog (O,O-dimethyl S-(N-methylcarbamoylmethyl) phosphorothioate). O,O-Dimethyl O-p-(dimethylsulfamoyl) phenyl phosphate. O,O-Dimethyl O-p-(dimethylsulfamoyl) phenyl phosphorothioate. 3,5-Dimethyl-4-(methylthio) phenyl methylcarbamate. O,O-Dimethyl S-[4-oxo-1,2,3-benzotriazin-3-(4H)-ylmethyl] phosphorodithioate. Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide. Dimethyl phosphate of 3-hydroxy-N-methyl-cis-crotonamide. Dimethyl phosphate of α-methylbenzyl 3-hydroxy-cis-crotonate. O,O-Dimethyl 2,2,2-trichloro-1-hydroxyethyl phosphonate. 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 20/1218 O,O-Dimethyl phosphorodithioate, S-ester with 4-(mercaptomethyl)-2-methozy-Δ2 1,3,4-thiadiazolin-5-one. Dioxathion (2,3-p-dioxanedithiol S,S-bis (O,O-diethylphosphorodithioate)) containing approximately 70 percent cis and trans isomers and approximately 30 percent related compounds. EPN. Ethephon ((2- - chloroethyl) phosphonic acid). Ethion. Ethion oxygen analog (S-[[(diethoxyphosphinothioyl)thio] methyl] O,O-diethyl phosphorothioate). O- Ethyl O-[4-(methylthio) phenyl] S-propyl phosphorodithioate and its cholinesterase-inhibiting metabolites. O-Ethyl S,S-dipropylphosphorodithioate. Ethyl 3-methyl-4-(methylthio)phenyl (1-methylethyl) phosphoramidate and its cholinesterase-inhibiting metabolites. O-Ethyl S-phenyl ethylphosphonodithioate. O-Ethyl S-phenyl ethylphosphonothiolate. m-(1-Ethylpropyl)phenyl methylcarbamate. S-[2-Ethylsul�nyl)ethyl] O,O-dimethyl phosphorothioate and its cholinesterase inhibiting metabolites, (primarily S-[2-(ethyl-sulfonyl)ethyl] O,O-dimethyl phosphorothioate). Fenthion (O,O-dimethyl O-[3-methyl-4-(methylthio)phenyl]phosphorothioate and its cholinesterase-inhibiting metabolites. Malathion. N-(Mercaptomethyl)phthalimide S-(O,O-dimethyl phosphorodithioate). N-(Mercaptomethyl)phthalimide S-(O,O-dimethyl phosphorothioate). Methomyl (S-methyl N-[(methylcarbamoyl)oxy]thioacetimidate). 1-Methoxycarbonyl-1-propen-2-yl dimethyl phosphate and its beta isomer. m-(1-Methylbutyl)phenyl methylcarbamate. Methyl parathion. Naled (1,2-dibromo-2,2-dichloroethyl dimethyl phosphate). 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 21/1218 Oxamyl (methyl N′,N′-dimethyl-N-[(methylcarbamoyl)oxy]-1-thiooxamimidate) Parathion. Phorate (O,O-diethyl S-(ethylthio)methyl phosphorodithioate) and its cholinesterase inhibiting metabolites. Phosalone (S-(6-chloro-3-mercaptomethyl)-2-benzoxazolinone) O,O-diethyl phosphorodithioate). Phosphamidon (2-chloro-2-diethylcarbamoyl-1-methylvinyl dimethyl phosphate) including all of its related cholinesterase-inhibiting compounds. Pirimiphos-methyl O-[2-diethylamino-6-methyl-pyrimidinyl) O,O-dimethyl phosphorothioate Ronnel. Schradan (octamethylpyrophosphoramide). Tetraethyl pyrophosphate. O,O,O′,O′-Tetramethyl O,O′-sul�nyldi-p-phenylene phosphorothioate. O,O,O′,O′-Tetramethyl O,O′-thiodi-p-phenylene phosphorothioate. Tributyl phosphorotritlioite. S,S,S-Tributyl phosphorothrithioate. 3,4,5-Trimethylphenyl methylcarbamate and its isomer 2,3,5-trimethylphenyl methylcarbamate. 2,4-Dinitro-6-octylphenyl crotonate and 2,6-dinitro-4-octylphenyl crotonate, mixture of. 4,6-Dinitro-o-cresol and its sodium salt. Dinoseb (2-sec-butyl-4,6-dinitrophenol) and its alkanolamine, ammonium, and sodium salts. [41 FR 8969, Mar. 2, 1976] (6) The following pesticides are members of the class of dinitrophenols: For FEDERAL REGISTER citations affecting § 180.3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/41-FR-8969 https://www.ecfr.gov/current/title-40/section-180.3 http://www.govinfo.gov/ 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 22/1218 § 180.4 Exceptions. The substances listed in this section are excepted from the de�nitions of “pesticide chemical” and “pesticide chemical residue” under FFDCA section 201(q)(3) and are therefore exempt from regulation under FFDCA section 402(a)(2)(B) and 408. These substances are subject to regulation by the Food and Drug Administration as food additives under FFDCA section 409. [63 FR 10720, Mar. 4, 1998, as amended at 73 FR 54976, Sept. 24, 2008] § 180.5 Zero tolerances. A zero tolerance means that no amount of the pesticide chemical may remain on the raw agricultural commodity when it is offered for shipment. A zero tolerance for a pesticide chemical in or on a raw agricultural commodity may be established because, among other reasons: § 180.6 Pesticide tolerances regarding milk, eggs, meat, and/or poultry; statement of policy. (a) Inert ingredients in food packaging treated with a pesticide, when such inert ingredients are the components of the food packaging material (e.g. paper and paperboard, coatings, adhesives, and polymers). (b) [Reserved] (a) A safe level of the pesticide chemical in the diet of two different species of warm-blooded animals has not been reliably determined. (b) The chemical is carcinogenic to or has other alarming physiological effects upon one or more of the species of the test animals used, when fed in the diet of such animals. (c) The pesticide chemical is toxic, but is normally used at times when, or in such manner that, fruit, vegetables, or other raw agricultural commodities will not bear or contain it. (d) All residue of the pesticide chemical is normally removed through good agricultural practice such as washing or brushing or through weathering or other changes in the chemical itself, prior to introduction of the raw agricultural commodity into interstate commerce. (a) When establishing tolerances for pesticide residues in or on raw agricultural commodities, consideration is always given to possible residues of those pesticide chemicals or their conversion products entering the diet of man through the ingestion of milk, eggs, meat, and/or poultry produced by animals fed agricultural products bearing such pesticide residues. In each instance an evaluation of all available data will result in a conclusion either: (1) That �nite residues will actually be incurred in these foods from feed use of the raw agricultural commodity including its byproducts; or (2) That it is not possible to establish with certainty whether �nite residues will be incurred, but there is a reasonable expectation of �nite residues; or (3) That it is not possible to establish with certainty whether �nite residues will be incurred, but there is no reasonable expectation of �nite residues. https://www.federalregister.gov/citation/63-FR-10720 https://www.federalregister.gov/citation/73-FR-54976 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 23/1218 Subpart B - Procedural Regulations § 180.7 Petitions proposing tolerances or exemptions for pesticide residues in or on raw agricultural commodities or processed foods. (b) When the data show that �nite residues will actually be incurred in milk, eggs, meat, and/or poultry, a tolerance will be established on the raw agricultural commodity used as feed provided that tolerances can be established at the same time, on the basis of the toxicological and other data available, for the �nite residues incurred in milk, eggs, meat, and/or poultry. When it is not possible to determine with certainty whether �nite residues will be incurred in milk, eggs, meat, and/or poultry but there is a reasonable expectation of �nite residues in light of data re�ecting exaggerated pesticides levels in feeding studies, a tolerance will be established on the raw agricultural commodity provided that appropriate tolerances can be established at the same time, on the basis of the toxicological and other data available, for the �nite residues likely to be incurred in these foods through the feed use of the raw agricultural commodity or its byproducts. When it is not possible to determine with certainty whether �nite residues will be incurred in milk, eggs, meat, and/or poultry but there is no reasonable expectation of �nite residues in light of data such as those re�ecting exaggerated pesticide levels in feeding studies and those elucidating the biochemistry of the pesticide chemical in the animal, a tolerance may be established on the raw agricultural commodity without the necessity of a tolerance on food products derived from the animal. (c) The principles outlined in paragraphs (a) and (b) of this section will also be followed with respect to tolerances for residues which will actually be incurred or are reasonably to be expected in milk, eggs, meat, and/or poultry by the use of pesticides directly on the animal or administered purposely in the feed or drinking water. (d) Tolerances contemplated by paragraphs (a) and (b) of this section will in addition to toxicological considerations be conditioned on the availability of a practicable analytical method to determine the pesticide residue; that is, the method must be sensitive and reliable at the tolerance level or in special cases at a higher level where such level is deemed satisfactory and safe in light of the toxicity of the pesticide residue and of the unlikelihood of such residue exceeding the tolerance. The analytical methods to be used for enforcement purposes will be those set forth in the “Pesticide Analytical Manual” (see § 180.101(c)). The sensitivities of these methods are expressed in that manual. (a) Petitions to be �led with the Agency under the provisions of FFDCA section 408(d) shall be submitted in duplicate. If any part of the material submitted is in a foreign language, it shall be accompanied by an accurate and complete English translation. The petition shall be accompanied by an advance deposit for fees described in § 180.33. The petition shall state the petitioner's mail address to which notice of objection under FFDCA section 408(g)(2) may be sent. The petition must be signed by the petitioner or by his attorney or agent, or (if a corporation) by an authorized o�cial. (b) Petitions shall include the following information: (1) An informative summary of the petition and of the data, information, and arguments submitted or cited in support of the petition. Both a paper and electronic copy of the summary should be submitted. The electronic copy should be formatted according to the O�ce of Pesticide Programs' current standard for electronic data submission as speci�ed at http://www.epa.gov/pesticides/regulating/registering/submissions/index.htm. https://www.ecfr.gov/current/title-40/section-180.6#p-180.6(a) https://www.ecfr.gov/current/title-40/section-180.6#p-180.6(b) https://www.ecfr.gov/current/title-40/section-180.6#p-180.6(a) https://www.ecfr.gov/current/title-40/section-180.6#p-180.6(b) https://www.ecfr.gov/current/title-40/section-180.101#p-180.101(c) https://www.ecfr.gov/current/title-40/section-180.33 http://www.epa.gov/pesticides/regulating/registering/submissions/index.htm 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 24/1218 (2) A statement that the petitioner agrees that such summary or any information it contains may be published as a part of the notice of �ling of the petition to be published under FFDCA section 408(d)(3) and as a part of a proposed or �nal regulation issued under FFDCA section 408. (3) The name, chemical identity, and composition of the pesticide chemical residue and of the pesticide chemical that produces the residue. (4) Data showing the recommended amount, frequency, method, and time of application of the pesticide chemical. (5) Full reports of tests and investigations made with respect to the safety of the pesticide chemical, including full information as to the methods and controls used in conducting those tests and investigations. (6) Full reports of tests and investigations made with respect to the nature and amount of the pesticide chemical residue that is likely to remain in or on the food, including a description of the analytical methods used. (See § 180.34 for further information about residue tests.) (7) Proposed tolerances for the pesticide chemical residue if tolerances are proposed. (8) Practicable methods for removing any amount of the residue that would exceed any proposed tolerance. (9) A practical method for detecting and measuring the levels of the pesticide chemical residue in or on the food, or for exemptions, a statement why such a method is not needed. (10) If the petition relates to a tolerance for a processed food, reports of investigations conducted using the processing method(s) used to produce that food. (11) Such information as the Administrator may require to make the determination under FFDCA section 408(b)(2)(C). (12) Such information as the Administrator may require on whether the pesticide chemical may have an effect in humans that is similar to an effect produced by a naturally occurring estrogen or other endocrine effects. (13) Information regarding exposure to the pesticide chemical residue due to any tolerance or exemption already granted for such residue. (14) Information concerning any maximum residue level established by the Codex Alimentarius Commission for the pesticide chemical residue addressed in the petition. If a Codex maximum residue level has been established for the pesticide chemical residue and the petitioner does not propose that this level be adopted, a statement explaining the reasons for this departure from the Codex level. (15) Such other data and information as the Administrator requires by regulation to support the petition. (16) Reasonable grounds in support of the petition. (c) The data speci�ed under paragraphs (b)(1) through (b)(16) of this section should be on separate sheets or sets of sheets, suitably identi�ed. If such data have already been submitted with an earlier application, the present petition may incorporate it by reference to the earlier one. https://www.ecfr.gov/current/title-40/section-180.34 https://www.ecfr.gov/current/title-40/section-180.7#p-180.7(b)(1) https://www.ecfr.gov/current/title-40/section-180.7#p-180.7(b)(16) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 25/1218 [70 FR 33360, June 8, 2005, as amended at 73 FR 75600, Dec. 12, 2008] § 180.8 Withdrawal of petitions without prejudice. (d) Except as noted in paragraph (e) of this section, a petition shall not be accepted for �ling if any of the data prescribed by FFDCA section 408(d) are lacking or are not set forth so as to be readily understood. The availability to the public of information provided to, or otherwise obtained by, the Agency under this part shall be governed by part 2 of this chapter. The Administrator shall make the full text of the summary referenced in paragraph (b)(1) of this section available to the public in the public docket at http://www.regulations.gov no later than publication in the FEDERAL REGISTER of the notice of the petition �ling. (e) The Administrator shall notify the petitioner within 15 days after its receipt of acceptance or nonacceptance of a petition, and if not accepted the reasons therefor. If petitioner desires, the petitioner may supplement a de�cient petition after noti�cation as to de�ciencies. If the petitioner does not wish to supplement or explain the petition and requests in writing that it be �led as submitted, the petition shall be �led and the petitioner so noti�ed. (f) A notice of the �ling of a petition for a pesticide chemical residue tolerance that the Administrator determines has met the requirements of paragraph (b) of this section shall be published in the FEDERAL REGISTER by the Administrator within 30 days after such determination. The notice shall state the name of the pesticide chemical residue and the commodities for which a tolerance is sought and announce the availability of a description of the analytical methods available to the Administrator for the detection and measurement of the pesticide chemical residue with respect to which the petition is �led or shall set forth the petitioner's statement of why such a method is not needed. The notice shall explicitly reference the speci�c docket identi�cation number in the public docket at http://www.regulations.gov where the full text of the summary required in paragraph (b) of this section is located, and refer interested parties to this document for further information on the petition. The full text of the summary may be omitted from the notice. (g) The Administrator may request a sample of the pesticide chemical at any time while a petition is under consideration. The Administrator shall specify in its request for a sample of the pesticide chemical, a quantity which it deems adequate to permit tests of analytical methods used to determine residues of the pesticide chemical and of methods proposed by the petitioner for removing any residues of the chemical that exceed the tolerance proposed. (h) The Administrator shall determine, in accordance with the Act, whether to issue an order that establishes, modi�es, or revokes a tolerance regulation (whether or not in accord with the action proposed by the petitioner), whether to publish a proposed tolerance regulation and request public comment thereon under § 180.29, or whether to deny the petition. The Administrator shall publish in the FEDERAL REGISTER such order or proposed regulation. After receiving comments on any proposed regulation, the Administrator may issue an order that establishes, modi�es, or revokes a tolerance regulation. An order published under this section shall describe brie�y how to submit objections and requests for a hearing under part 178 of this chapter. A regulation issued under this section shall be effective on the date of publication in the FEDERAL REGISTER unless otherwise provided in the regulation. https://www.federalregister.gov/citation/70-FR-33360 https://www.federalregister.gov/citation/73-FR-75600 https://www.ecfr.gov/current/title-40/section-180.7#p-180.7(e) https://www.ecfr.gov/current/title-40/part-2 https://www.ecfr.gov/current/title-40/section-180.7#p-180.7(b)(1) http://www.regulations.gov/ https://www.ecfr.gov/current/title-40/section-180.7#p-180.7(b) http://www.regulations.gov/ https://www.ecfr.gov/current/title-40/section-180.7#p-180.7(b) https://www.ecfr.gov/current/title-40/section-180.29 https://www.ecfr.gov/current/title-40/part-178 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 26/1218 In some cases the Administrator will notify the petitioner that the petition, while technically complete, is inadequate to justify the establishment of a tolerance or the tolerance requested by petitioner. This may be due to the fact that the data are not su�ciently clear or complete. In such cases, the petitioner may withdraw the petition pending its clari�cation or the obtaining of additional data. This withdrawal may be without prejudice to a future �ling. A deposit for fees as speci�ed in § 180.33 shall accompany the resubmission of the petition. [70 FR 33361, June 8, 2005] § 180.9 Substantive amendments to petitions. After a petition has been �led, the petitioner may submit additional information or data in support thereof, but in such cases the petition will be given a new �ling date. [70 FR 33361, June 8, 2005] § 180.29 Establishment, modi�ication, and revocation of tolerance on initiative of Administrator. [70 FR 33361, June 8, 2005] § 180.30 Judicial review. (a) Upon the Administrator's own initiative, the Administrator may propose, under FFDCA section 408(e), the issuance of a regulation establishing a tolerance for a pesticide chemical or exempting it from the necessity of a tolerance, or a regulation modifying or revoking an existing tolerance or exemption. (b) The Administrator shall provide a period of not less than 60 days for persons to comment on the proposed regulation, except that a shorter period for comment may be provided if the Administrator for good cause �nds that it would be in the public interest to do so and states the reasons for the �nding in the notice of proposed rulemaking. (c) After reviewing any timely comments received, the Administrator may by order establish, modify, or revoke a tolerance regulation, which order and regulation shall be published in the FEDERAL REGISTER. An order published under this section shall state that persons may submit objections and requests for a hearing in the manner described in part 178 of this chapter. (d) Any �nal regulation issued under this section shall be effective on the date of publication in the FEDERAL REGISTER unless otherwise provided in the regulation. (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to the following actions: (1) Regulations establishing general procedures and requirements under FFDCA section 408(e)(1)(C). (2) Orders issued under FFDCA section 408(f)(1)(C) requiring the submission of data. (3) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to establishment, modi�cation, or revocation of a tolerance or exemption under FFDCA section 408(d)(4), or any regulation that is the subject of such an order. The https://www.ecfr.gov/current/title-40/section-180.33 https://www.federalregister.gov/citation/70-FR-33361 https://www.federalregister.gov/citation/70-FR-33361 https://www.federalregister.gov/citation/70-FR-33361 https://www.ecfr.gov/current/title-40/part-178 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 27/1218 [70 FR 33362, June 8, 2005] § 180.31 Temporary tolerances. underlying action here is Agency disposition of a petition seeking the establishment, modi�cation, or revocation of a tolerance or exemption. (4) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to the denial of a petition under FFDCA section 408(d)(4). (5) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to the establishment, modi�cation, suspension, or revocation of a tolerance or exemption under FFDCA section 408(e)(1)(A) or (e)(1)(B). The underlying action here is the establishment, modi�cation, suspension, or revocation of a tolerance or exemption upon the initiative of EPA including EPA actions pursuant to FFDCA sections 408(b) (2)(B)(v), 408(b)(2)(E)(ii), 408(d)(4)(C)(ii), 408(l)(4), and 408(q)(1). (6) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to the revocation or modi�cation of a tolerance or exemption under FFDCA section 408(f) (2) for noncompliance with requirements for the submission of data. (7) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to rules issued under FFDCA sections 408(n)(3) and 408(d) or (e) regarding determinations pertaining to State authority to establish regulatory limits on pesticide chemical residues. (8) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to orders issued under FFDCA section 408(n)(5)(C) authorizing States to establish regulatory limits not identical to certain tolerances or exemptions. (b) Any issue as to which review is or was obtainable under paragraph (a) of this section shall not be the subject of judicial review under any other provision of law. In part, this means that, for the Agency actions subject to the objection procedure in FFDCA section 408(g) (2), judicial review is not available unless an adversely affected party exhausts these objection procedures, and any petition procedures preliminary thereto. (a) A temporary tolerance (or exemption from a tolerance) established under the authority of FFDCA section 408(r) shall be deemed to be a tolerance (or exemption from the requirement of a tolerance) for the purposes of FFDCA section 408(a)(1) or (a)(2) and for the purposes of § 180.30. (b) A request for a temporary tolerance or a temporary exemption from a tolerance by a person who has obtained or is seeking an experimental permit for a pesticide chemical under the Federal Insecticide, Fungicide, and Rodenticide Act shall be accompanied by such data as are available on subjects outlined in § 180.7(b) and an advance deposit to cover fees as provided in § 180.33. (c) To obtain a temporary tolerance, a requestor must comply with the petition procedures speci�ed in FFDCA section 408(d) and § 180.7 except as provided in this section. (d) A temporary tolerance or exemption from a tolerance may be issued for a period designed to allow the orderly marketing of the raw agricultural commodities produced while testing a pesticide chemical under an experimental permit issued under authority of the Federal Insecticide, Fungicide, and Rodenticide Act if the Administrator concludes that the safety standard in FFDCA section 408(b)(2) or (c), as applicable, is met. Subject to the requirements of FFDCA section 408(e), a temporary tolerance or exemption from a https://www.federalregister.gov/citation/70-FR-33362 https://www.ecfr.gov/current/title-40/section-180.30#p-180.30(a) https://www.ecfr.gov/current/title-40/section-180.30 https://www.ecfr.gov/current/title-40/section-180.7#p-180.7(b) https://www.ecfr.gov/current/title-40/section-180.33 https://www.ecfr.gov/current/title-40/section-180.7 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 28/1218 [70 FR 33362, June 8, 2005] § 180.32 Procedure for modifying and revoking tolerances or exemptions from tolerances. [70 FR 33362, June 8, 2005] tolerance may be revoked if the experimental permit is revoked, or may be revoked at any time if it develops that the application for a temporary tolerance contains a misstatement of a material fact or that new scienti�c data or experience with the pesticide chemical indicates that it does not meet the safety standard in FFDCA section 408(b)(2) or (c), as applicable. (e) Conditions under which a temporary tolerance is established shall include: (1) A limitation on the amount of the chemical to be used on the designated crops permitted under the experimental permit. (2) A limitation for the use of the chemical on the designated crops to bona �de experimental use by quali�ed persons as indicated in the experimental permit. (3) A requirement that the person or �rm which obtains the experimental permit for which the temporary tolerance is established will immediately inform the Environmental Protection Agency of any reports on �ndings from the experimental use that have a bearing on safety. (4) A requirement that the person or �rm which obtained the experimental permit for which the temporary tolerance is established will keep records of production, distribution, and performance for a period of 2 years and, on request, at any reasonable time, make these records available to any authorized o�cer or employee of the Environmental Protection Agency. (a) The Administrator on his/her own initiative may propose the issuance of a regulation modifying or revoking a tolerance for a pesticide chemical residue on raw agricultural commodities or processed foods or modifying or revoking an exemption from tolerance for such residue. (b) Any person may �le with the Administrator a petition proposing the issuance of a regulation modifying or revoking a tolerance or exemption from a tolerance for a pesticide chemical residue. The petition shall furnish reasonable grounds for the action sought. Reasonable grounds shall include an explanation showing wherein the person has a substantial interest in such tolerance or exemption from tolerance and an assertion of facts (supported by data if available) showing that new uses for the pesticide chemical have been developed or old uses abandoned, that new data are available as to toxicity of the chemical, or that experience with the application of the tolerance or exemption from tolerance may justify its modi�cation or revocation. Evidence that a person has registered or has submitted an application for the registration of a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act will be regarded as evidence that the person has a substantial interest in a tolerance or exemption from the requirement of a tolerance for a pesticide chemical that consists in whole or in part of the pesticide. New data should be furnished in the form speci�ed in § 180.7(b) for submitting petitions, as applicable. (c) The procedures for completing action on an Administrator initiated proposal or a petition shall be those speci�ed in §§ 180.29 and 180.7, as applicable. https://www.federalregister.gov/citation/70-FR-33362 https://www.federalregister.gov/citation/70-FR-33362 https://www.ecfr.gov/current/title-40/section-180.7#p-180.7(b) https://www.ecfr.gov/current/title-40/section-180.29 https://www.ecfr.gov/current/title-40/section-180.7 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 29/1218 § 180.33 Fees. (a) Each petition for the establishment of a new tolerance or a tolerance higher than already established, shall be accompanied by a fee of $80,950, plus $2,025 for each raw agricultural commodity more than nine on which the establishment of a tolerance is requested, except as provided in paragraphs (b), (d), and (h) of this section. (b) Each petition for the establishment of a tolerance at a lower numerical level or levels than a tolerance already established for the same pesticide chemical, or for the establishment of a tolerance on additional raw agricultural commodities at the same numerical level as a tolerance already established for the same pesticide chemical, shall be accompanied by a fee of $18,500 plus $1,225 for each raw agricultural commodity on which a tolerance is requested. (c) Each petition for an exemption from the requirement of a tolerance or repeal of an exemption shall be accompanied by a fee of $14,925. (d) Each petition or request for a temporary tolerance or a temporary exemption from the requirement of a tolerance shall be accompanied by a fee of $32,325 except as provided in paragraph (e) of this section. A petition or request to renew or extend such temporary tolerance or temporary exemption shall be accompanied by a fee of $4,600. (e) A petition or request for a temporary tolerance for a pesticide chemical which has a tolerance for other uses at the same numerical level or a higher numerical level shall be accompanied by a fee of $16,075, plus $1,225 for each raw agricultural commodity on which the temporary tolerance is sought. (f) Each petition for revocation of a tolerance shall be accompanied by a fee of $10,125. Such fee is not required when, in connection with the change sought under this paragraph, a petition is �led for the establishment of new tolerances to take the place of those sought to be revoked and a fee is paid as required by paragraph (a) of this section. (g) If a petition or a request is not accepted for processing because it is technically incomplete, the fee, less $2,025 for handling and initial review, shall be returned. If a petition is withdrawn by the petitioner after initial processing, but before signi�cant Agency scienti�c review has begun, the fee, less $2,025 for handling and initial review, shall be returned. If an unacceptable or withdrawn petition is resubmitted, it shall be accompanied by the fee that would be required if it were being submitted for the �rst time. (h) Each petition for a crop group tolerance, regardless of the number of raw agricultural commodities involved, shall be accompanied by a fee equal to the fee required by the analogous category for a single tolerance that is not a crop group tolerance, i.e., paragraphs (a) through (f) of this section, without a charge for each commodity where that would otherwise apply. (i) Objections under section 408(d)(5) of the Act shall be accompanied by a �ling fee of $4,050. (j) The person who �les a petition for judicial review of an order under section 408(h) of the Act shall pay the costs of preparing the record on which the order is based unless the person has no �nancial interest in the petition for judicial review. (k) No fee under this section will be imposed on the Interregional Research Project Number 4 (IR-4 Program). https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(b) https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(d) https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(h) https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(e) https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(a) https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(a) https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(f) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 30/1218 [68 FR 24371, May 7, 2003, as amended at 69 FR 12544, Mar. 17, 2004; 70 FR 33363, June 8, 2005; 71 FR 35547, June 21, 2006] § 180.34 Tests on the amount of residue remaining. (l) The Administrator may waive or refund part or all of any fee imposed by this section if the Administrator determines in his or her sole discretion that such a waiver or refund will promote the public interest or that payment of the fee would work an unreasonable hardship on the person on whom the fee is imposed. A request for waiver or refund of a fee shall be submitted to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b). A fee of $2,025 shall accompany every request for a waiver or refund, as speci�ed in paragraph (m) of this section, except that the fee under this paragraph shall not be imposed on any person who has no �nancial interest in any action requested by such person under paragraphs (a) through (j) of this section. The fee for requesting a waiver or refund shall be refunded if the request is granted. (m) All deposits and fees required by the regulations in this part shall be paid by money order, bank draft, or certi�ed check drawn to the order of the Environmental Protection Agency. All deposits and fees shall be forwarded to the Environmental Protection Agency, Headquarters Accounting Operations Branch, O�ce of Pesticide Programs (Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. The payments should be speci�cally labeled “Tolerance Petition Fees” and should be accompanied only by a copy of the letter or petition requesting the tolerance. The actual letter or petition, along with supporting data, shall be forwarded within 30 days of payment to the O�ce of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b). A petition will not be accepted for processing until the required fees have been submitted. A petition for which a waiver of fees has been requested will not be accepted for processing until the fee has been waived or, if the waiver has been denied, the proper fee is submitted after notice of denial. A request for waiver or refund will not be accepted after scienti�c review has begun on a petition. (n) This fee schedule will be changed annually by the same percentage as the percent change in the Federal General Schedule (GS) pay scale. In addition, processing costs and fees will periodically be reviewed and changes will be made to the schedule as necessary. When automatic adjustments are made based on the GS pay scale, the new fee schedule will be published in the FEDERAL REGISTER as a �nal rule to become effective 30 days or more after publication, as speci�ed in the rule. When changes are made based on periodic reviews, the changes will be subject to public comment. (o) No fee required by this section shall be levied during the period beginning on October 1, 2003, and ending September 30, 2008. (a) Data in a petition on the amount of residue remaining in or on a raw agricultural commodity should establish the residue that may remain when the pesticide chemical is applied according to directions registered under the Federal Insecticide, Fungicide, and Rodenticide Act, or according to directions contained in an application for registration. These data should establish the residues that may remain under conditions most likely to result in high residues on the commodity. (b) The petition should establish the reliability of the residue data reported in it. Su�cient information should be submitted about the analytical method to permit competent analysts to apply it successfully. https://www.federalregister.gov/citation/68-FR-24371 https://www.federalregister.gov/citation/69-FR-12544 https://www.federalregister.gov/citation/70-FR-33363 https://www.federalregister.gov/citation/71-FR-35547 https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(m) https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(a) https://www.ecfr.gov/current/title-40/section-180.33#p-180.33(j) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(a) https://www.ecfr.gov/current/title-40/section-150.17#p-150.17(b) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 31/1218 (c) If the pesticide chemical is absorbed into a living plant or animal when applied (is systemic), residue data may be needed on each plant or animal on which a tolerance or exemption is requested. (d) If the pesticide chemical is not absorbed into the living plant or animal when applied (is not systemic), it may be possible to make a reliable estimate of the residues to be expected on each commodity in a group of related commodities on the basis of less data than would be required for each commodity in the group, considered separately. (e) Each of the following groups of crops lists raw agricultural commodities that are considered to be related for the purpose of paragraph (d) of this section. Commodities not listed in this paragraph are not considered to be related for the purpose of paragraph (d) of this section. (1) Apples, crabapples, pears, quinces. (2) Avocados, papayas. (3) Blackberries, boysenberries, dewberries, loganberries, raspberries. (4) Blueberries, currants, gooseberries, huckleberries. (5) Cherries, plums, prunes. (6) Oranges, citrus citron, grapefruit, kumquats, lemons, limes, tangelos, tangerines. (7) Mangoes, persimmons. (8) Peaches, apricots, nectarines. (9) Beans, peas, soybeans (each in dry form). (10) Beans, peas, soybeans (each in succulent form). (11) Broccoli, brussels sprouts, cauli�ower, kohlrabi. (12) Cantaloups, honeydew melons, muskmelons, pumpkins, watermelons, winter squash. (13) Carrots, garden beets, sugar beets, horseradish, parsnips, radishes, rutabagas, salsify roots, turnips. (14) Celery, fennel. (15) Cucumbers, summer squash. (16) Lettuce, endive (escarole), Chinese cabbage, salsify tops. (17) Onions, garlic, leeks, shallots (green, or in dry bulb form). (18) Potatoes, Jerusalem-artichokes, sweetpotatoes, yams. (19) Spinach, beet tops, collards, dandelion, kale, mustard greens, parsley, Swiss chard, turnip tops, watercress. (20) Tomatoes, eggplants, peppers, pimentos. (21) Pecans, almonds, brazil nuts, bush nuts, butternuts, chestnuts, �lberts, hazelnuts, hickory nuts, walnuts. (22) Field corn, popcorn, sweet corn (each in grain form). https://www.ecfr.gov/current/title-40/section-180.34#p-180.34(d) https://www.ecfr.gov/current/title-40/section-180.34#p-180.34(d) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 32/1218 [36 FR 22540, Nov. 25, 1971, as amended at 39 FR 28286, Aug. 6, 1974; 39 FR 28977, Aug. 13, 1974; 40 FR 6972, Feb. 18, 1975; 45 FR 82928, Dec. 17, 1980; 48 FR 29860, June 29, 1983; 60 FR 26635, May 17, 1995; 73 FR 75600, Dec. 12, 2008] § 180.35 Tests for potentiation. Experiments have shown that certain cholinesterase-inhibiting pesticides when fed together to test animals are more toxic than the sum of their individual toxicities when fed separately. One substance potentiates the toxicity of the other. Important toxicological interactions also have been observed between pesticides and other substances. Wherever there is reason to believe that a pesticide chemical for which a tolerance is proposed may interact with other pesticide chemicals or other substances to which man is exposed, it may be necessary to require special experimental data regarding potentiation capacities to evaluate the safety of the proposed tolerance. This necessarily will be determined on a case-by-case basis. § 180.40 Tolerances for crop groups. (23) Milo, sorghum (each in grain form). (24) Wheat, barley, oats, rice, rye (each in grain form). (25) Alfalfa, Bermuda grass, bluegrass, brome grass, clovers, cowpea hay, fescue, lespedeza, lupines, orchard grass, peanut hay, peavine hay, rye grass, soybean hay, sudan grass, timothy, and vetch. (26) Corn forage, sorghum forage. (27) Sugarcane, cane sorghum. (a) Group or subgroup tolerances may be established as a result of: (1) A petition from a person who has submitted an application for the registration of a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act. (2) On the initiative of the Administrator. (3) A petition by an interested person. (b) The tables in § 180.41 are to be used in conjunction with this section for the establishment of crop group tolerances. Each table in § 180.41 lists a group of raw agricultural commodities that are considered to be related for the purposes of this section. Refer also to § 180.1(g) for a listing of commodities for which established tolerances may be applied to certain other related and similar commodities. (c) When there is an established or proposed tolerance for all of the representative commodities for a speci�c group or subgroup of related commodities, a tolerance may be established for all commodities in the associated group or subgroup. Tolerances may be established for a crop group or, alternatively, tolerances may be established for one or more of the subgroups of a crop group. (d) The representative crops are given as an indication of the minimum residue chemistry data base acceptable to the Agency for the purposes of establishing a group tolerance. The Agency may, at its discretion, allow group tolerances when data on suitable substitutes for the representative crops are available (e.g., limes instead of lemons). https://www.federalregister.gov/citation/36-FR-22540 https://www.federalregister.gov/citation/39-FR-28286 https://www.federalregister.gov/citation/39-FR-28977 https://www.federalregister.gov/citation/40-FR-6972 https://www.federalregister.gov/citation/45-FR-82928 https://www.federalregister.gov/citation/48-FR-29860 https://www.federalregister.gov/citation/60-FR-26635 https://www.federalregister.gov/citation/73-FR-75600 https://www.ecfr.gov/current/title-40/section-180.41 https://www.ecfr.gov/current/title-40/section-180.41 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(g) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 33/1218 (e) Since a group tolerance re�ects maximum residues likely to occur on all individual crops within a group, the proposed or registered patterns of use for all crops in the group or subgroup must be similar before a group tolerance is established. The pattern of use consists of the amount of pesticide applied, the number of times applied, the timing of the �rst application, the interval between applications, and the interval between the last application and harvest. The pattern of use will also include the type of application; for example, soil or foliar application, or application by ground or aerial equipment. Additionally, since a group tolerance re�ects maximum residues likely to occur on all individual foods within a group, food processing practices must be similar for all crops in the group or subgroup if the processing practice has the potential to result in residues in a processed commodity at a higher concentration than the raw agricultural commodity. (f) (1) General. EPA will not establish a crop group for a pesticide unless all tolerances made necessary by the presence of pesticide residues in the crop group commodities have been issued or are being issued simultaneously with the crop group tolerance. For purposes of paragraph (f)(1): (i) Necessary tolerances for residues resulting from crop group tolerances include: (A) Tolerances for processed food, including processed animal feed, to the extent needed under FFDCA section 408(a)(2). (B) Tolerances for raw commodities not covered by the crop group tolerance that are derivative of commodities in the group. (C) Tolerances for meat, milk, or egg products that may contain residues as a result of livestock's consumption of animal feed containing pesticide residues to the extent needed under § 180.6(b). (ii) Notwithstanding the foregoing, a tolerance is not considered necessary for processed food, derivative raw commodities, or meat, milk, and eggs if the precursor raw commodities are grown solely for sale as raw commodities and are completely segregated from commodities grown for the purpose of producing processed foods, derivative raw commodities, and commodities, or fractions thereof, that are used as animal feed. (2) Processed commodity and related raw commodity crop group tolerances. EPA may establish crop group tolerances for processed commodities or fractions of commodities (e.g., bran and �our from the Cereal Grains Group), including processed fractions used as animal feed (e.g., pomace from the Pome Fruit Group), produced from crops in the crop groups in § 180.41. EPA may establish crop group tolerances for raw commodities or fractions of commodities, including fractions used as animal feed, derived from commodities covered by the crop groups in § 180.41 (e.g., aspirated grain dust associated with the Cereal Grains Group). Crop group tolerances on processed foods and derivative raw commodities may be based on data on representative commodities for associated crop group. Paragraphs (c), (d), (e), (g), and (h) of § 180.40 apply to group tolerances authorized by paragraph (f) (2). (3) Representative crops. Unless indicated otherwise in §§ 180.40 and 180.41, the processed food and feed forms of the representative crops for a crop group are considered to be representative of the processed food and feed forms and any derivative raw commodities not covered by the crop group, that are produced from any of the raw agricultural commodities covered by the crop group tolerance. Additionally, unless indicated otherwise in §§ 180.40 and 180.41, representative https://www.ecfr.gov/current/title-40/section-180.6#p-180.6(b) https://www.ecfr.gov/current/title-40/section-180.41 https://www.ecfr.gov/current/title-40/section-180.41 https://www.ecfr.gov/current/title-40/section-180.40 https://www.ecfr.gov/current/title-40/section-180.40 https://www.ecfr.gov/current/title-40/section-180.41 https://www.ecfr.gov/current/title-40/section-180.40 https://www.ecfr.gov/current/title-40/section-180.41 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 34/1218 commodities for such crop groups are selected taking into consideration whether their use as animal feed will result in residues in or on meat, milk, and/or eggs at a level representative of the residues that would result from use of the other commodities or byproducts in the crop group as an animal feed. (4) Data. Processing data on representative crops are required prior to establishment of a group tolerance if the processing of the representative commodity has the potential to result in residues in a processed commodity at a higher concentration than in the representative commodity. Residue data are required on raw commodities derived from the crops in the crop group tolerance but not directly covered by the tolerance. Animal feeding studies with a representative crop are required if the representative crop is used as a signi�cant animal feed. (g) If maximum residues (tolerances) for the representative crops vary by more than a factor of 5 from the maximum value observed for any crop in the group, a group or subgroup tolerance will ordinarily not be established. In this case individual crop tolerances, rather than group tolerances, will normally be established. (h) Alternatively, a commodity with a residue level signi�cantly higher or lower than the other commodities in a group may be excluded from the group tolerance (e.g., cereal grains, except corn). In this case an individual tolerance at the appropriate level for the unique commodity would be established, if necessary. The alternative approach of excluding a commodity with a signi�cantly higher or lower residue level will not be used to establish a tolerance for a commodity subgroup. Most subgroups have only two representative commodities; to exclude one such commodity and its related residue data would likely provide insu�cient residue information to support the remainder of the subgroup. Residue data from crops additional to those representative crops in a grouping may be required for systemic pesticides. (i) The commodities included in the groups will be updated periodically either at the initiative of the Agency or at the request of an interested party. Persons interested in updating this section should contact the Registration Division of the O�ce of Pesticide Programs. (j) (1) When EPA amends a crop group in a manner that expands or contracts the commodities that are covered by the group, EPA will initially retain the pre-existing as well as the revised crop group in the CFR. (2) Where the revised crop group has the same number as the pre-existing crop group, the revised crop group number will be followed by a hyphen and the �nal two digits of the year in which it was established (e.g., if Crop Group 1 is amended in 2007, the revised group will be designated as Crop Group 1-07). If the pre-existing crop group had crop subgroups, these subgroups will be numbered in a similar fashion in the revised crop group. The name of the revised crop group will not be changed from the pre-existing crop group unless the revision so changes the composition of the crop group that the pre-existing name is no longer accurate. (3) Where EPA amends a crop group by creating one or more different crop groups, the revised crop groups will have different numbers and names (e.g., the amendment of Crop Group 19 through the creation of Crop Groups 25 and 26). The pre-existing crop group will be amended to identify the revised crop group(s). (4) Once a revised crop group is established, EPA will no longer establish tolerances under the pre-existing crop group. At appropriate times, EPA will amend tolerances for crop groups that have been superseded by revised crop groups to conform the 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 35/1218 [60 FR 26635, May 17, 1995, as amended at 70 FR 33363, June 8, 2005; 72 FR 69155, Dec. 7, 2007; 75 FR 56014, Sept. 15, 2010; 81 FR 26476, May 3, 2016; 85 FR 70984, Nov. 6, 2020] § 180.41 Crop group tables. Table 1 - Crop Group 1: Root and Tuber Vegetables Arracacha (Arracacia xanthorrhiza) 1C, 1D Arrowroot (Maranta arundinacea) 1C, 1D Artichoke, Chinese (Stachys a�nis) 1C, 1D Artichoke, Jerusalem (Helianthus tuberosus) 1C, 1D Beet, garden (Beta vulgaris) 1A, 1B Beet, sugar (Beta vulgaris) 1A pre-existing crop group to the revised crop group. Once all of the tolerances for the pre-existing crop group have been updated, the pre-existing crop group will be removed from the CFR. (k) Establishment of a tolerance does not substitute for the additional need to register the pesticide under a companion law, the Federal Insecticide, Fungicide, and Rodenticide Act. The Registration Division of the O�ce of Pesticide Programs should be contacted concerning procedures for registration of new uses of a pesticide. (a) The tables in this section are to be used in conjunction with § 180.40 to establish crop group tolerances. (b) Commodities not listed are not considered as included in the groups for the purposes of paragraph (b), and individual tolerances must be established. Miscellaneous commodities intentionally not included in any group include globe artichoke, hops, peanut, and water chestnut. (c) Each group is identi�ed by a group name and consists of a list of representative commodities followed by a list of all commodity members for the group. If the group includes subgroups, each subgroup lists the subgroup name, the representative commodity or commodities, and the member commodities for the subgroup. Subgroups, which are a subset of their associated crop group, are established for some but not all crops groups. (1) Crop Group 1: Root and Tuber Vegetables Group. (i) Representative commodities. Carrot, potato, radish, and sugar beet. (ii) Table. The following table 1 lists all the commodities included in Crop Group 1 and identi�es the related crop subgroups. Commodities Related crop subgroups https://www.federalregister.gov/citation/60-FR-26635 https://www.federalregister.gov/citation/70-FR-33363 https://www.federalregister.gov/citation/72-FR-69155 https://www.federalregister.gov/citation/75-FR-56014 https://www.federalregister.gov/citation/81-FR-26476 https://www.federalregister.gov/citation/85-FR-70984 https://www.ecfr.gov/current/title-40/section-180.40 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 36/1218 Burdock, edible (Arctium lappa) 1A, 1B Canna, edible (Queensland arrowroot) (Canna indica) 1C, 1D Carrot (Daucus carota) 1A, 1B Cassava, bitter and sweet (Manihot esculenta) 1C, 1D Celeriac (celery root) (Apium graveolens var. rapaceum) 1A, 1B Chayote (root) (Sechium edule) 1C, 1D Chervil, turnip-rooted (Chaerophyllum bulbosum). 1A, 1B Chicory (Cichorium intybus) 1A, 1B Chufa (Cyperus esculentus) 1C, 1D Dasheen (taro) (Colocasia esculenta) 1C, 1D Ginger (Zingiber o�cinale) 1C, 1D Ginseng (Panax quinquefolius) 1A, 1B Horseradish (Armoracia rusticana) 1A, 1B Leren (Calathea allouia) 1C, 1D Parsley, turnip-rooted (Petroselinum crispum var. tuberosum) 1A, 1B Parsnip (Pastinaca sativa) 1A, 1B Potato (Solanum tuberosum) 1C Radish (Raphanus sativus) 1A, 1B Radish, oriental (daikon) (Raphanus sativus subvar. longipinnatus) 1A, 1B Rutabaga (Brassica campestris var. napobrassica) 1A, 1B Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 37/1218 Salsify (oyster plant) (Tragopogon porrifolius). 1A, 1B Salsify, black (Scorzonera hispanica) 1A, 1B Salsify, Spanish (Scolymus hispanicus) 1A, 1B Skirret (Sium sisarum) 1A, 1B Sweet potato (Ipomoea batatas) 1C, 1D Tanier (cocoyam) (Xanthosoma sagittifolium) 1C, 1D Turmeric (Curcuma longa) 1C, 1D Turnip (Brassica rapa var. rapa) 1A, 1B Yam bean (jicama, manoic pea) (Pachyrhizus spp.) 1C, 1D Yam, true (Dioscorea spp.) 1C, 1D Table 2 - Crop Group 1 Subgroup Listing Crop Subgroup 1A. Root vegetables subgroup. Carrot, radish, and sugar beet. Beet, garden; beet, sugar; burdock, edible; carrot; celeriac; chervil, turnip-rooted; chicory; ginseng; horseradish; parsley, turnip-rooted; parsnip; radish; radish, oriental; rutabaga; salsify; salsify, black; salsify, Spanish; skirret; turnip. (iii) Table. The following table 2 identi�es the crop subgroups for Crop Group 1, speci�es the representative commodity(ies) for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 38/1218 Crop Subgroup 1B. Root vegetables (except sugar beet) subgroup. Carrot and radish. Beet, garden; burdock, edible; carrot; celeriac; chervil, turnip-rooted; chicory; ginseng; horseradish; parsley, turnip-rooted; parsnip; radish; radish, oriental; rutabaga; salsify; salsify, black; salsify, Spanish; skirret; turnip. Crop Subgroup 1C. Tuberous and corm vegetables subgroup. Potato. Arracacha; arrowroot; artichoke, Chinese; artichoke, Jerusalem; canna, edible; cassava, bitter and sweet; chayote (root); chufa; dasheen; ginger; leren; potato; sweet potato; tanier; turmeric; yam bean; yam, true. Crop Subgroup 1D. Tuberous and corm vegetables (except potato) subgroup. Sweet potato. Arracacha; arrowroot; artichoke, Chinese; artichoke, Jerusalem; canna, edible; cassava, bitter and sweet; chayote (root); chufa; dasheen; ginger; leren; sweet potato; tanier; turmeric; yam bean; yam, true. (2) Crop Group 2. Leaves of Root and Tuber Vegetables (Human Food or Animal Feed) Group (Human Food or Animal Feed) Group. (i) Representative commodities. Turnip and garden beet or sugar beet. Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 39/1218 Crop Group 2: Leaves of Root and Tuber Vegetables (Human Food or Animal Feed) Group - Commodities Beet, garden (Beta vulgaris) Beet, sugar (Beta vulgaris) Burdock, edible (Arctium lappa) Carrot (Daucus carota) Cassava, bitter and sweet (Manihot esculenta) Celeriac (celery root) (Apium graveolens var. rapaceum) Chervil, turnip-rooted (Chaerophyllum bulbosum) Chicory (Cichorium intybus) Dasheen (taro) (Colocasia esculenta) Parsnip (Pastinaca sativa) Radish (Raphanus sativus) Radish, oriental (daikon) (Raphanus sativus subvar. longipinnatus) Rutabaga (Brassica campestris var. napobrassica) Salsify, black (Scorzonera hispanica) Sweet potato (Ipomoea batatas) Tanier (cocoyam) (Xanthosoma sagittifolium) Turnip (Brassica rapa var. rapa) Yam, true (Dioscorea spp.) Crop Group 3: Bulb Vegetable (Allium spp.) Group Commodities (ii) Commodities. The following is a list of all the commodities included in Crop Group 2: (3) Crop Group 3. Bulb Vegetables (Allium spp.) Group. (i) Representative commodities. Onion, green; and onion, dry bulb. (ii) Commodities. The following is a list of all the commodities in Crop Group 3. 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 40/1218 Garlic, bulb (Allium sativum) Garlic, great headed, (elephant) (Allium ampeloprasum var. ampeloprasum) Leek (Allium ampeloprasum, A. porrum, A. tricoccum) Onion, dry bulb and green (Allium cepa, A. �stulosum) Onion, Welsh, (Allium �stulosum) Shallot (Allium cepa var. cepa) Table 1 - Crop Group 3-07: Bulb Vegetable Group Chive, fresh leaves (Allium schoenoprasum L.) 3-07B Chive, Chinese, fresh leaves (Allium tuberosum Rottler ex Spreng) 3-07B Daylily, bulb (Hemerocallis fulva (L.) L. var. fulva) 3-07A Elegans hosta (Hosta Sieboldiana (Hook.) Engl) 3-07B Fritillaria, bulb (Fritillaria L. fritillary) 3-07A Fritillaria, leaves (Fritillaria L. fritillary) 3-07B Garlic, bulb (Allium sativum L. var. sativum) (A. sativum Common Garlic Group) 3-07A Garlic, great headed, bulb (Allium ampeloprasum L. var. ampeloprasum) (A. ampeloprasum Great Headed Garlic Group) 3-07A (4) Crop Group 3-07. Bulb Vegetable Group. (i) Representative Commodities. Onion, bulb and onion, green. (ii) Table. The following Table 1 lists all the commodities listed in Crop Group 3-07 and identi�es the related crop subgroups. Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 41/1218 Garlic, Serpent, bulb (Allium sativum var. ophioscorodon or A. sativum Ophioscorodon Group) 3-07A Kurrat (Allium kurrat Schweinf. Ex. K. Krause or A. ampeloprasum Kurrat Group) 3-07B Lady's leek (Allium cernuum Roth) 3-07B Leek Allium porrum L. (syn: A. ampeloprasum L. var. porrum (L.) J. Gay) (A.ampeloprasum Leek Group) 3-07B Leek, wild (Allium tricoccum Aiton) 3-07B Lily, bulb (Lilium spp. (Lilium Leichtlinii var. maximowiczii, Lilium lancifolium)) 3-07A Onion, Beltsville bunching (Allium x proliferum (Moench) Schrad.) (syn: Allium �stulosum L. x A. cepa L.) 3-07B Onion, bulb (Allium cepa L. var. cepa) (A. cepa Common Onion Group) 3-07A Onion, Chinese, bulb (Allium chinense G. Don.) (syn: A. bakeri Regel) 3-07A Onion, fresh (Allium �stulosum L. var. caespitosum Makino) 3-07B Onion, green (Allium cepa L. var. cepa) (A. cepa Common Onion Group) 3-07B Onion, macrostem (Allium macrostemom Bunge) 3-07B Onion, pearl (Allium porrum var. sectivum or A. ampeloprasum Pearl Onion Group) 3-07A Onion, potato, bulb (Allium cepa L. var. aggregatum G. Don.) (A. cepa Aggregatum Group) 3-07A Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 42/1218 Onion, tree, tops (Allium x proliferum (Moench) Schrad. ex Willd.) (syn: A. cepa var. proliferum (Moench) Regel; A. cepa L. var. bulbiferum L.H. Bailey; A. cepa L. var. viviparum (Metz.) Alef.) 3-07B Onion, Welsh, tops (Allium �stulosum L.) 3-07B Shallot, bulb (Allium cepa var. aggregatum G. Don.) 3-07A Shallot, fresh leaves (Allium cepa var. aggregatum G. Don.) 3-07B Cultivars, varieties, and/or hybrids of these. Table 2 - Crop Group 3-07: Subgroup Listing Crop subgroup 3-07A. Onion, bulb, subgroup. Onion, bulb. Daylily, bulb; fritillaria, bulb; garlic, bulb; garlic, great-headed, bulb; garlic, serpent, bulb; lily, bulb; onion, bulb; onion, Chinese, bulb; onion, pearl; onion, potato, bulb; shallot, bulb; cultivars, varieties, and/or hybrids of these. Crop subgroup 3-07B. Onion, green, subgroup. Onion, green. Chive, fresh leaves; chive, Chinese, fresh leaves; elegans hosta; fritillaria, leaves; kurrat; lady's leek; leek; leek, wild; Onion, Beltsville bunching; onion, fresh; onion, green; onion, macrostem; onion, tree, tops; onion, Welsh, tops; shallot, fresh leaves; cultivars, varieties, and/or hybrids of these. (iii) Table. The following Table 2 identi�es the crop subgroups for Crop Group 3-07, speci�es the representative commodities for each subgroup and lists all the commodities included in each subgroup. (5) Crop Group 4. Leafy Vegetables (Except Brassica Vegetables) Group. (i) Representative commodities. Celery, head lettuce, leaf lettuce, and spinach (Spinacia oleracea). Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 43/1218 Table 1 - Crop Group 4: Leafy Vegetables (Except BRASSICA Vegetables) Group Amaranth (leafy amaranth, Chinese spinach, tampala) (Amaranthus spp.) 4A Arugula (Roquette) (Eruca sativa) 4A Cardoon (Cynara cardunculus) 4B Celery (Apium graveolens var. dulce) 4B Celery, Chinese (Apium graveolens var. secalinum) 4B Celtuce (Lactuca sativa var. angustana) 4B Chervil (Anthriscus cerefolium) 4A Chrysanthemum, edible-leaved (Chrysanthemum coronarium var. coronarium) 4A Chrysanthemum, garland (Chrysanthemum coronarium var. spatiosum) 4A Corn salad (Valerianella locusta) 4A Cress, garden (Lepidium sativum) 4A Cress, upland (yellow rocket, winter cress) (Barbarea vulgaris) 4A Dandelion (Taraxacum o�cinale) 4A Dock (sorrel) (Rumex spp.) 4A Endive (escarole) (Cichorium endivia) 4A Fennel, Florence (�nochio) (Foeniculum vulgare Azoricum Group) 4B Lettuce, head and leaf (Lactuca sativa) 4A (ii) Table. The following table 1 lists all the commodities included in Crop Group 4 and identi�es the related crop subgroups. Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 44/1218 Orach (Atriplex hortensis) 4A Parsley (Petroselinum crispum) 4A Purslane, garden (Portulaca oleracea) 4A Purslane, winter (Montia perfoliata) 4A Radicchio (red chicory) (Cichorium intybus) 4A Rhubarb (Rheum rhabarbarum) 4B Spinach (Spinacia oleracea) 4A Spinach, New Zealand (Tetragonia tetragonioides, T. expansa) 4A Spinach, vine (Malabar spinach, Indian spinach) (Basella alba) 4A Swiss chard (Beta vulgaris var. cicla) 4B Table 2 - Crop Group 4 Subgroup Listing Crop Subgroup 4A. Leafy greens subgroup. Head lettuce and leaf lettuce, and spinach (Spinacia oleracea) Amaranth; arugula; chervil; chrysanthemum, edible-leaved; chrysanthemum, garland; corn salad; cress, garden; cress, upland; dandelion; dock; endive; lettuce; orach; parsley; purslane, garden; purslane, winter; radicchio (red chicory); spinach; spinach, New Zealand; spinach, vine. (iii) Table. The following table 2 identi�es the crop subgroups for Crop Group 4, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 45/1218 Crop Subgroup 4B. Leaf petioles subgroup. Celery. Cardoon; celery; celery, Chinese; celtuce; fennel, Florence; rhubarb; Swiss chard. Table 1 - Crop Group 4-16: Leafy Vegetable Group Amaranth, Chinese (Amaranthus tricolor L.) 4-16A Amaranth, leafy (Amaranthus spp.) 4-16A Arugula (Eruca sativa Mill.) 4-16B Aster, Indian (Kalimeris indica (L.) Sch. Bip.) 4-16A Blackjack (Bidens pilosa L.) 4-16A Broccoli, Chinese (Brassica oleracea var. alboglabra (L.H. Bailey) Musil) 4-16B Broccoli raab (Brassica ruvo L.H. Bailey) 4-16B Cabbage, abyssinian (Brassica carinata A. Braun) 4-16B Cabbage, Chinese, bok choy (Brassica rapa subsp. chinensis (L.) Hanelt) 4-16B Cabbage, seakale (Brassica oleracea L. var. costata DC.) 4-16B (6) Crop Group 4-16. Leafy Vegetable Group. (i) Representative commodities. Head lettuce, leaf lettuce, mustard greens, and spinach. (ii) Commodities. The following Table 1 lists all commodities included in Crop Group 4-16. Representative commodities Commodities Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 46/1218 Cat's whiskers (Cleome gynandra L.) 4-16A Cham-chwi (Doellingeria scabra (Thunb.) Nees) 4-16A Cham-na-mul (Pimpinella calycina Maxim) 4-16A Chervil, fresh leaves (Anthriscus cerefolium (L.) Hoffm.) 4-16A Chipilin (Crotalaria longirostrata Hook & Arn) 4-16A Chrysanthemum, garland (Glebionis coronaria (L.) Cass. ex Spach. Glebionis spp.) 4-16A Cilantro, fresh leaves (Coriandrum sativum L.) 4-16A Collards (Brassica oleracea L. var. viridis L.) 4-16B Corn salad (Valerianella spp.) 4-16A Cosmos (Cosmos caudatus Kunth) 4-16A Cress, garden (Lepidium sativum L.) 4-16B Cress, upland (Barbarea vulgaris W.T. Aiton) 4-16B Dandelion, leaves (Taraxacum o�cinale F.H. Wigg. Aggr.) 4-16A Dang-gwi, leaves (Angelica gigas Nakai) 4-16A Dillweed (Anethum graveolens L.) 4-16A Dock (Rumex patientia L.) 4-16A Dol-nam-mul (Sedum sarmentosum Bunge) 4-16A Ebolo (Crassocephalum crepidioides (Benth.) S. Moore) 4-16A Endive (Cichorium endivia L.) 4-16A Escarole (Cichorium endivia L.) 4-16A Fame�ower (Talinum fruticosum (L.) Juss.) 4-16A Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 47/1218 Feather cockscomb (Glinus oppositifolius (L.) Aug. DC.) 4-16A Good King Henry (Chenopodium bonus-henricus L.) 4-16A Hanover salad (Brassica napus var. pabularia (DC.) Rchb.) 4-16B Huauzontle (Chenopodium berlandieri Moq.) 4-16A Jute, leaves (Corchorus spp.) 4-16A Kale (Brassica oleracea L. var. Sabellica L.) 4-16B Lettuce, bitter (Launaea cornuta (Hochst. ex Oliv. & Hiern) C. Jeffrey) 4-16A Lettuce, head (Lactuca sativa L.; including Lactuca sativa var. capitata L.) 4-16A Lettuce, leaf (Lactuca sativa L.; including Lactuca sativa var. longifolia Lam.; Lactuca sativa var. crispa L.) 4-16A Maca, leaves (Lepidium meyenii Walp.) 4-16B Mizuna (Brassica rapa L. subsp. nipposinica (L.H. Bailey) Hanelt) 4-16B Mustard greens (Brassica juncea subsp., including Brassica juncea (L.) Czern. subsp. integrifolia (H. West) Thell., Brassica juncea (L.) Czern. var. tsatsai (T.L. Mao) Gladis) 4-16B Orach (Atriplex hortensis L.) 4-16A Parsley, fresh leaves (Petroselinum crispum (Mill.) Fuss; Petroselinum crispum var. neapolitanum Danert) 4-16A Plantain, buckthorn (Plantago lanceolata L.) 4-16A Primrose, English (Primula vulgaris Huds.) 4-16A Purslane, garden (Portulaca oleracea L.) 4-16A Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 48/1218 Purslane, winter (Claytonia perfoliata Donn ex Willd.) 4-16A Radicchio (Cichorium intybus L.) 4-16A Radish, leaves (Raphanus sativus L. var sativus, including Raphanus sativus L. var. mougri H. W. J. Helm (Raphanus sativus L. var. oleiformis Pers) 4-16B Rape greens (Brassica napus L. var. napus, including Brassica rapa subsp. trilocularis (Roxb.) Hanelt; Brassica rapa subsp. dichotoma (Roxb.) Hanelt; Brassica rapa subsp. oleifera Met) 4-16B Rocket, wild (Diplotaxis tenuifolia (L.) DC.) 4-16B Shepherd's purse (Capsella bursa-pastoris (L.) Medik) 4-16B Spinach (Spinacia oleracea L.) 4-16A Spinach, Malabar (Basella alba L.) 4-16A Spinach, New Zealand (Tetragonia tetragonioides (Pall.) Kuntze) 4-16A Spinach, tanier (Xanthosoma brasiliense (Desf.) Engl.) 4-16A Swiss chard (Beta vulgaris L. ssp. vulgaris) 4-16A Turnip greens (Brassica rapa L. ssp. rapa) 4-16B Violet, Chinese, leaves (Asystasia gangetica (L.) T. Anderson) 4-16A Watercress (Nasturtium o�cinale W.T. Aiton) 4-16B Cultivars, varieties, and hybrids of these commodities Table 2 - Crop Group 4-16: Subgroup Listing (iii) Crop subgroups. The following Table 2 identi�es the crop subgroups for Crop Group 4-16, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 49/1218 Crop Subgroup 4-16A. Leafy greens subgroup Head lettuce, leaf lettuce, and spinach Amaranth, Chinese; amaranth, leafy; aster, Indian; blackjack; cat's whiskers; cham-chwi; cham-na mul; chervil, fresh leaves; chipilin; chrysanthemum, garland; cilantro, fresh leaves; corn salad; cosmos; dandelion, leaves; dang-gwi, leaves; dillweed; dock; dol-nam-mul; ebolo; endive; escarole; fame�ower; feather cockscomb; Good King Henry; huauzontle; jute, leaves; lettuce, bitter; lettuce, head; lettuce, leaf; orach; parsley, fresh leaves; plantain, buckhorn; primrose, English; purslane, garden; purslane, winter; radicchio; spinach; spinach, Malabar; spinach, New Zealand; spinach, tanier; Swiss chard; violet, Chinese, leaves; cultivars, varieties, and hybrids of these commodities. Crop Subgroup 4-16B. Brassica leafy greens subgroup Mustard greens Arugula; broccoli, Chinese; broccoli raab; cabbage, abyssinian; cabbage, Chinese, bok choy; cabbage, seakale; collards; cress, garden; cress, upland; hanover salad; kale; maca, leaves; mizuna; mustard greens; radish, leaves; rape greens; rocket, wild; shepherd's purse; turnip greens; watercress; cultivars, varieties, and hybrids of these commodities. Table 1 - Crop Group 5: Brassica (Cole) Leafy Vegetables Broccoli (Brassica oleracea var. botrytis) 5A (7) Crop Group 5. Brassica (Cole) Leafy Vegetables Group. (i) Representative commodities. Broccoli or cauli�ower; cabbage; and mustard greens. (ii) Table. The following table 1 lists all the commodities included in Crop Group 5 and identi�es the related crop subgroups. Representative commodities Representative commodities CommoditiesCommodities Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 50/1218 Broccoli, Chinese (gai lon) (Brassica alboglabra) 5A Broccoli raab (rapini) (Brassica campestris) 5B Brussels sprouts (Brassica oleracea var. gemmifera) 5A Cabbage (Brassica oleracea) 5A Cabbage, Chinese (bok choy) (Brassica chinensis) 5B Cabbage, Chinese (napa) (Brassica pekinensis) 5A Cabbage, Chinese mustard (gai choy) (Brassica campestris) 5A Cauli�ower (Brassica oleracea var. botrytis) 5A Cavalo broccolo (Brassica oleracea var. botrytis) 5A Collards (Brassica oleracea var. acephala) 5B Kale (Brassica oleracea var. acephala) 5B Kohlrabi (Brassica oleracea var. gongylodes) 5A Mizuna (Brassica rapa Japonica Group) 5B Mustard greens (Brassica juncea) 5B Mustard spinach (Brassica rapa Perviridis Group) 5B Rape greens (Brassica napus) 5B Table 2 - Crop Group 5 Subgroup Listing (iii) Table. The following table 2 identi�es the crop subgroups for Crop Group 5, speci�es the representative commodity(ies) for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 51/1218 Crop Subgroup 5A. Head and stem Brassica subgroup Broccoli or cauli�ower; and cabbage Broccoli; broccoli, Chinese; brussels sprouts; cabbage; cabbage, Chinese (napa); cabbage, Chinese mustard; cauli�ower; cavalo broccolo; kohlrabi Crop Subgroup 5B. Leafy Brassica greens subgroup. Mustard greens Broccoli raab; cabbage, Chinese (bok choy); collards; kale; mizuna; mustard greens; mustard spinach; rape greens List 1 - Crop Group 5-16: Brassica Head and Stem Vegetable Group Broccoli (Brassica oleracea L. var. italica Plenck) Brussels sprouts (Brassica oleracea L. var. gemmifera (DC.) Zenker) Cabbage (Brassica oleracea L. var. capitata L.) Cabbage, Chinese, napa (Brassica rapa L. subsp. pekinensis (Lour.) Hanelt) Cauli�ower (Brassica oleracea L. var. capitata L) (8) Crop Group 5-16. Brassica Head and Stem Vegetable Group. (i) Representative commodities. Broccoli or cauli�ower and cabbage. (ii) Commodities. The following List 1 contains all commodities included in Crop Group 5-16. Representative commodities Representative commodities CommoditiesCommodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 52/1218 Cultivars, varieties, and hybrids of these commodities. Table 1 - Crop Group 6: Legume Vegetables (Succulent or Dried) Bean (Lupinus spp.) (includes grain lupin, sweet lupin, white lupin, and white sweet lupin) 6C Bean (Phaseolus spp.) (includes �eld bean, kidney bean, lima bean, navy bean, pinto bean, runner bean, snap bean, tepary bean, wax bean) 6A, 6B, 6C Bean (Vigna spp.) (includes adzuki bean, asparagus bean, blackeyed pea, catjang, Chinese longbean, cowpea, Crowder pea, moth bean, mung bean, rice bean, southern pea, urd bean, yardlong bean) 6A, 6B, 6C Broad bean (fava bean) (Vicia faba) 6B, 6C Chickpea (garbanzo bean) (Cicer arietinum) 6C Guar (Cyamopsis tetragonoloba) 6C Jackbean (Canavalia ensiformis) 6A Lablab bean (hyacinth bean) (Lablab purpureus) 6C Lentil (Lens esculenta) 6C Pea (Pisum spp.) (includes dwarf pea, edible-pod pea, En glish pea, �eld pea, garden pea, green pea, snow pea, sugar snap pea) 6A, 6B, 6C (9) Crop Group 6. Legume Vegetables (Succulent or Dried) Group. (i) Representative commodities. Bean (Phaseolus spp.; one succulent cultivar and one dried cultivar); pea (Pisum spp.; one succulent cultivar and one dried cultivar); and soybean. (ii) Table. The following table 1 lists all the commodities included in Crop Group 6 and identi�es the related crop subgroups. Commodities Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 53/1218 Pigeon pea (Cajanus cajan) 6A, 6B, 6C Soybean (Glycine max) N/A Soybean (immature seed) (Glycine max) 6A Sword bean (Canavalia gladiata) 6A Table 2 - Crop Group 6 Subgroup Listing Crop Subgroup 6A. Edible podded legume vegetables subgroup. Any one succulent cultivar of edible-podded bean (Phaseolus spp.) and any one succulent cultivar of edible-podded pea (Pisum spp.). Bean (Phaseolus spp.) (includes runner bean, snap bean, wax bean); bean (Vigna spp.) (includes asparagus bean, Chinese longbean, moth bean, yardlong bean); jackbean; pea (Pisum spp.) (includes dwarf pea, edible-pod pea, snow pea, sugar snap pea); pigeon pea; soybean (immature seed); sword bean. (iii) Table. The following table 2 identi�es the crop subgroups for Crop Group 6, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 54/1218 Crop Subgroup 6B. Succulent shelled pea and bean subgroup. Any succulent shelled cultivar of bean (Phaseolus spp.) and garden pea (Pisum spp.). Bean (Phaseolus spp.) (includes lima bean (green)); broad bean (succulent); bean (Vigna spp.) (includes blackeyed pea, cowpea, southern pea); pea (Pisum spp.) (includes English pea, garden pea, green pea); pigeon pea. Crop Subgroup 6C. Dried shelled pea and bean (except soybean) subgroup Any one dried cultivar of bean (Phaseolus spp.); and any one dried cultivar of pea (Pisum spp.) Dried cultivars of bean (Lupinus spp.) (includes grain lupin, sweet lupin, white lupin, and white sweet lupin); (Phaseolus spp.) (includes �eld bean, kidney bean, lima bean (dry), navy bean, pinto bean; tepary bean; bean (Vigna spp.) (includes adzuki bean, blackeyed pea, catjang, cowpea, Crowder pea, moth bean, mung bean, rice bean, southern pea, urd bean); broad bean (dry); chickpea; guar; lablab bean; lentil; pea (Pisum spp.) (includes �eld pea); pigeon pea. Table 1 - Crop Group 7: Foliage of Legume Vegetables Group (10) Crop Group 7. Foliage of Legume Vegetables Group. (i) Representative commodities. Any cultivar of bean (Phaseolus spp.), �eld pea (Pisum spp.), and soybean. (ii) Table. The following table 1 lists the commodities included in Crop Group 7. Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 55/1218 Any cultivar of bean (Phaseolus spp.) and �eld pea (Pisum spp.), and soybean (Glycine max) Plant parts of any legume vegetable included in the legume vegetables that will be used as animal feed. Table 2 - Crop Group 7 Subgroup Listing Crop Subgroup 7A. Foliage of legume vegetables (except soybeans) subgroup Any cultivar of bean (Phaseolus spp.), and �eld pea (Pisum spp.) Plant parts of any legume vegetable (except soybeans) included in the legume vegetables group that will be used as animal feed. Crop Group 8: Fruiting Vegetables (Except Cucurbits) Commodities Eggplant (Solanum melongena) Groundcherry (Physalis spp.) Pepino (Solanum muricatum) Pepper (Capsicum spp.) (includes bell pepper, chili pepper, cooking pepper, pimento, sweet pepper) Tomatillo (Physalis ixocarpa) (iii) Table. The following table 2 identi�es the crop subgroup for Crop Group 7 and speci�es the representative commodities for the subgroup, and lists all the commodities included in the subgroup. (11) Crop Group 8. Fruiting Vegetables Group. (i) Representative commodities. Tomato, bell pepper, and one cultivar of non-bell pepper. (ii) Commodities. The following is a list of all the commodities included in Crop Group 8: Representative commoditiesRepresentative commodities CommoditiesCommodities Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 56/1218 Tomato (Lycopersicon esculentum) Table 1 - Crop Group 8-10: Fruiting Vegetable Group African eggplant, Solanum macrocarpon L 8-10B, 8 10C Bush tomato, Solanum centrale J.M. Black 8-10A Cocona, Solanum sessili�orum Dunal 8-10A Currant tomato, Lycopersicon pimpinellifolium L 8-10A Eggplant, Solanum melongena L 8-10B, 8 10C Garden huckleberry, Solanum scabrum Mill 8-10A Goji berry, Lycium barbarum L 8-10A Groundcherry, Physalis alkekengi L., P. grisea (Waterf.) M. Martinez, P. peruviana L., P. pubescens L 8-10A Martynia, Proboscidea louisianica (Mill.) Thell 8-10B, 8 10C Naranjilla, Solanum quitoense Lam 8-10A Okra, Abelmoschus esculentus (L.) Moench 8-10B, 8 10C Pea eggplant, Solanum torvum Sw. 8-10B, 8 10C (12) Crop Group 8-10. Fruiting Vegetable Group. (i) Representative commodities. Tomato, standard size, and one cultivar of small tomato; bell pepper and one cultivar of small nonbell pepper. (ii) Commodities. The following is a list of all commodities included in the Crop group 8-10. Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 57/1218 Pepino, Solanum muricatum Aiton 8-10B, 8 10C Pepper, bell, Capsicum annuum L. var. annuum, Capsicum spp 8-10B Pepper, nonbell, Capsicum chinese Jacq., C. annuum L. var. annuum, C. frutescens L., C. baccatum L., C. pubescens Ruiz & Pav., Capsicum spp 8-10B, 8 10C Roselle, Hibiscus sabdariffa L 8-10B, 8 10C Scarlet eggplant, Solanum aethiopicum L 8-10B, 8 10C Sunberry, Solanum retro�exum Dunal 8-10A Tomatillo, Physalis philadelphica Lam 8-10A Tomato, Solanum lycopersicum L., Solanum lycopersicum L. var. lycopersicum 8-10A Tree tomato, Solanum betaceum Cav 8-10A Cultivars, varieties and/or hybrids of these Table 2 - Crop Group 8-10. Subgroup Listing Crop subgroup 8 10A. Tomato subgroup (iii) Table. The following Table 2 identi�es the crop subgroups for Crop Group 8-10, speci�es the representative commodities for each subgroup and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 58/1218 Tomato, standard size, and one cultivar of small tomato Bush tomato; cocona; currant tomato; garden huckleberry; goji berry; groundcherry; naranjilla; sunberry; tomatillo; tomato; tree tomato; cultivars, varieties, and/or hybrids of these. Crop subgroup 8 10B. Pepper/Eggplant subgroup Bell pepper and one cultivar of small nonbell pepper African eggplant; bell pepper; eggplant; Martynia; nonbell pepper; okra; pea eggplant; pepino; roselle; scarlet eggplant; cultivars, varieties, and/or hybrids of these. Crop subgroup 8 10C. Nonbell pepper/Eggplant subgroup One cultivar of small nonbell pepper or one cultivar of small eggplant African eggplant; eggplant; martynia; nonbell pepper; okra; pea eggplant; pepino; roselle; scarlet eggplant; cultivars, varieties, and/or hybrids of these. Table 1 - Crop Group 9: Cucurbit Vegetables Chayote (fruit) (Sechium edule) 9B Chinese waxgourd (Chinese preserving melon) (Benincasa hispida) 9B (13) Crop Group 9. Cucurbit Vegetables Group. (i) Representative commodities. Cucumber, muskmelon, and summer squash. (ii) Table. The following table 1 lists all the commodities included in Crop Group 9 and identi�es the related subgroups. Representative commodities Commodities Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 59/1218 Citron melon (Citrullus lanatus var. citroides) 9A Cucumber (Cucumis sativus) 9B Gherkin (Cucumis anguria) 9B Gourd, edible (Lagenaria spp.) (includes hyotan, cucuzza); (Luffa acutangula, L. cylindrica) (includes hechima, Chinese okra) 9B Momordica spp. (includes balsam apple, balsam pear, bitter melon, Chinese cucumber) 9B Muskmelon (hybrids and/or cultivars of Cucumis melo) (includes true cantaloupe, cantaloupe, casaba, crenshaw melon, golden pershaw melon, honeydew melon, honey balls, mango melon, Persian melon, pineapple melon, Santa Claus melon, and snake melon) 9A Pumpkin (Cucurbita spp.) 9B Squash, summer (Cucurbita pepo var. melopepo) (includes crookneck squash, scallop squash, straightneck squash, vegetable marrow, zucchini) 9B Squash, winter (Cucurbita maxima; C. moschata) (includes butternut squash, calabaza, hubbard squash); (C. mixta; C. pepo) (includes acorn squash, spaghetti squash) 9B Watermelon (includes hybrids and/or varieties of Citrullus lanatus) 9A Table 2 - Crop Group 9 Subgroup Listing (iii) Table. The following table 2 identi�es the crop subgroups for Crop Group 9, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 60/1218 Crop Subgroup 9A. Melon subgroup Cantaloupes Citron melon; muskmelon; watermelon Crop Subgroup 9B. Squash/cucumber subgroup One cultivar of summer squash and cucumber. Chayote (fruit); Chinese waxgourd; cucumber; gherkin; gourd, edible; Momordica spp.; pumpkin; squash, summer; squash, winter. Crop Group 10: Citrus Fruits (Citrus spp., Fortunella spp.) Group - Commodities Calamondin (Citrus mitis × Citrofortunella mitis) Citrus citron (Citrus medica) Citrus hybrids (Citrus spp.) (includes chironja, tangelo, tangor) Grapefruit (Citrus paradisi) Kumquat (Fortunella spp.) Lemon (Citrus jambhiri, Citrus limon) Lime (Citrus aurantiifolia) Mandarin (tangerine) (Citrus reticulata) Orange, sour (Citrus aurantium) Orange, sweet (Citrus sinensis) Pummelo (Citrus grandis, Citrus maxima) (14) Crop Group 10. Citrus Fruit Group. (i) Representative commodities. Sweet orange; lemon and grapefruit. (ii) Commodities. The following is a list of all the commodities in Crop Group 10: Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 61/1218 Satsuma mandarin (Citrus unshiu) Table 1 - Crop Group 10-10: Citrus Fruit Group Australian desert lime, Eremocitrus glauca (Lindl.) Swingle 10-10B Australian �nger lime, Microcitrus australasica (F. Muell.) Swingle 10-10B Australian round lime, Microcitrus australis (A. Cunn. Ex Mudie) Swingle 10-10B Brown River �nger lime, Microcitrus papuana Winters 10-10B Calamondin, Citrofortunella microcarpa (Bunge) Wijnands 10-10A Citron, Citrus medica L 10-10A Citrus hybrids, Citrus spp. Eremocitrus spp., Fortunella spp., Microcitrus spp., and Poncirus spp 10-10A Grapefruit, Citrus paradisi Macfad 10-10C Japanese summer grapefruit, Citrus natsudaidai Hayata 10-10C Kumquat, Fortunella spp 10-10B Lemon, Citrus limon (L.) Burm. f 10-10B Lime, Citrus aurantiifolia (Christm.) Swingle 10-10B Mediterranean mandarin, Citrus deliciosa Ten 10-10A (15) Crop Group 10-10. Citrus Fruit Group. (i) Representative commodities. Orange or Tangerine/Mandarin, Lemon or Lime, and Grapefruit. (ii) Commodities. The following is a list of all the commodities in Crop Group 10 10. Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 62/1218 Mount White lime, Microcitrus garrowayae (F.M. Bailey) Swingle 10-10B New Guinea wild lime, Microcitrus warburgiana (F.M. Bailey) Tanaka 10-10B Orange, sour, Citrus aurantium L 10-10A Orange, sweet, Citrus sinensis (L.) Osbeck 10-10A Pummelo, Citrus maxima (Burm.) Merr 10-10C Russell River lime, Microcitrus inodora (F.M. Bailey) Swingle 10-10B Satsuma mandarin, Citrus unshiu Marcow 10-10A Sweet lime, Citrus limetta Risso 10-10B Tachibana orange, Citrus tachibana (Makino) Tanaka 10-10A Tahiti lime, Citrus latifolia (Yu. Tanaka) Tanaka 10-10B Tangelo, Citrus xtangelo J.W. Ingram & H.E. Moore 10-10A, 10 10C Tangerine (Mandarin), Citrus reticulata Blanco 10-10A Tangor, Citrus nobilis Lour 10-10A Trifoliate orange, Poncirus trifoliata (L.) Raf 10-10A Uniq fruit, Citrus aurantium Tangelo group 10-10C Cultivars, varieties and/or hybrids of these Table 2 - Crop Group 10-10: Subgroup Listing (iii) Table. The following Table 2 identi�es the crop subgroups for Crop Group 10 10, speci�es the representative commodities for each subgroup and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 63/1218 Crop Subgroup 10 10A. Orange subgroup Orange or tangerine/mandarin Calamondin; citron; citrus hybrids; mediterranean mandarin; orange, sour; orange, sweet; satsuma mandarin; tachibana orange; tangerine (mandarin); tangelo; tangor; trifoliate orange; cultivars, varieties, and/or hybrids of these. Crop Subgroup 10 10B. Lemon/Lime subgroup Lemon or lime Australian desert lime; Australian �nger lime; Australian round lime; brown river �nger lime; kumquat; lemon; lime; mount white lime; New Guinea wild lime; Russell River lime; sweet lime; Tahiti lime; cultivars , varieties, and/or hybrids of these. Crop Subgroup 10 10C. Grapefruit subgroup Grapefruit Grapefruit; Japanese summer grapefruit; pummelo; tangelo; uniq fruit; cultivars, varieties, and/or hybrids of these. Crop Group 11: Pome Fruits Group - Commodities Apple (Malus domestica) Crabapple (Malus spp.) Loquat (Eriobotrya japonica) (16) Crop Group 11: Pome Fruits Group. (i) Representative commodities. Apple and pear. (ii) Commodities. The following is a list of all the commodities included in Crop Group 11: Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 64/1218 Mayhaw (Crataegus aestivalis, C. opaca, and C. rufula) Pear (Pyrus communis) Pear, oriental (Pyrus pyrifolia) Quince (Cydonia oblonga) Crop Group 11-10: Pome Fruit Group - Commodities Apple, Malus domestica Borkh. Azarole, Crataegus azarolus L. Crabapple, Malus sylvestris (L.) Mill., M. prunifolia (Willd.) Borkh. Loquat, Eriobotrya japonica (Thunb.) Lindl. Mayhaw, Crataegus aestivalis (Walter) Torr. & A. Gray, C. opaca Hook. & Arn., and C. rufula Sarg. Medlar, Mespilus germanica L. Pear, Pyrus communis L. Pear, Asian, Pyrus pyrifolia (Burm. f.) Nakai var. culta (Makino) Nakai Pseudocydonia sinensis (Thouin) C.K. Schneid. Quince, Cydonia oblonga Mill. Quince, Chinese, Chaenomeles speciosa (Sweet) Nakai, Quince, Japanese, Chaenomeles japonica (Thunb.) Lindl. ex Spach Tejocote, Crataegus mexicana DC. Cultivars, varieties and/or hybrids of these. (17) Crop group 11-10. Pome Fruit Group. (i) Representative commodities. Apple and Pear (ii) Commodities. The following is a list of all the commodities in Crop Group 11 10. (18) Crop Group 12. Stone Fruits Group. 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 65/1218 Crop Group 12: Stone Fruits Group - Commodities Apricot (Prunus armeniaca) Cherry, sweet (Prunus avium), Cherry, tart (Prunus cerasus) Nectarine (Prunus persica) Peach (Prunus persica) Plum (Prunus domestica, Prunus spp.) Plum, Chickasaw (Prunus angustifolia) Plum, Damson (Prunus domestica spp. insititia) Plum, Japanese (Prunus salicina) Plumcot (Prunus. armeniaca × P. domestica) Prune (fresh) (Prunus domestica, Prunus spp.) Table 1 - Crop Group 12-12: Stone Fruit Group Apricot (Prunus armeniaca L.) 12-12C Apricot, Japanese (Prunus mume Siebold & Zucc.) 12-12C Capulin (Prunus serotina Ehrh. var. salicifolia (Kunth) Koehne) 12-12A (i) Representative commodities. Sweet cherry or tart cherry; peach; and plum or fresh prune (Prunus domestica, Prunus spp.) (ii) Commodities. The following is a list of all the commodities included in Crop Group 12: (19) Crop Group 12-12: Stone Fruit Group. (i) Representative commodities. Sweet cherry or Tart cherry; Peach; and Plum or Prune plum. (ii) Commodities. The following Table 1 is a list of all commodities included in Crop Group 12-12. Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 66/1218 Cherry, black (Prunus serotina Ehrh.) 12-12A Cherry, Nanking (Prunus tomentosa Thunb.) 12-12A Cherry, sweet (Prunus avium (L.) L.) 12-12A Cherry, tart (Prunus cerasus L.) 12-12A Jujube, Chinese (Ziziphus jujuba Mill.) 12-12C Nectarine (Prunuspersica (L.) Batsch var. nucipersica (Suckow) C.K. Schneid) 12-12B Peach (Prunus persica (L.) Batsch var. persica) 12-12B Plum (Prunus domestica L. subsp. domestica) 12-12C Plum, American (Prunus americana Marshall) 12-12C Plum, beach (Prunus maritima Marshall) 12-12C Plum, Canada (Prunus nigra Aiton) 12-12C Plum, cherry (Prunus cerasifera Ehrh.) 12-12C Plum, Chickasaw (Prunus angustifolia Marshall) 12-12C Plum, Damson (Prunus domestica L. subsp. insititia (L.) C.K. Schneid.) 12-12C Plum, Japanese (Prunus salicina Lindl.; P. salicina Lindl. var. salicina) 12-12C Plum, Klamath (Prunus subcordata Benth.) 12-12C Plum, prune (Prunus domestica L. subsp. domestica) 12-12C Plumcot (Prunus hybr.) 12-12C Sloe (Prunus spinosa L.) 12-12C Cultivars, varieties, and/or hybrids of these Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 67/1218 Table 2 - Crop Group 12-12: Subgroup Listing Crop subgroup 12-12A. Cherry subgroup Cherry, sweet or Cherry, tart Capulin; Cherry, black; Cherry, Nanking; Cherry, sweet; Cherry, tart; cultivars, varieties, and/or hybrids of these. Crop subgroup 12-12B. Peach subgroup Peach Peach; Nectarine; cultivars, varieties, and/or hybrids of these. Crop subgroup 12-12C. Plum subgroup Plum or Prune plum Apricot; Apricot, Japanese; Jujube, Chinese; Plum; Plum, American; Plum, beach; Plum, Canada; Plum, cherry; Plum, Chickasaw; Plum, Damson; Plum, Japanese; Plum, Klamath; Plumcot; Plum, prune; Sloe; cultivars, varieties, and/or hybrids of these. Table 1 - Crop Group 13: Berries Group (iii) Crop subgroups. The following Table 2 identi�es the crop subgroups for Crop Group 12-12, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. (20) Crop Group 13. Berries Group. (i) Representative commodities. Any one blackberry or any one raspberry; and blueberry. (ii) Table. The following table 1 lists all the commodities included in Crop Group 13 and identi�es the related subgroups. Representative commodities Commodities Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 68/1218 Blackberry (Rubus eubatus) (including bingleberry, black satin berry, boysenberry, Cherokee blackberry, Chesterberry, Cheyenne blackberry, coryberry, darrowberry, dewberry, Dirksen thornless berry, Himalayaberry, hullberry, Lavacaberry, lowberry, Lucretiaberry, mammoth blackberry, marionberry, nectarberry, olallieberry, Oregon evergreen berry, phenomenalberry, rangeberry, ravenberry, rossberry, Shawnee blackberry, youngberry, and varieties and/or hybrids of these) 13A Blueberry (Vaccinium spp.) 13B Currant (Ribes spp.) 13B Elderberry (Sambucus spp.) 13B Gooseberry (Ribes spp.) 13B Huckleberry (Gaylussacia spp.) 13B Loganberry (Rubus loganobaccus) 13A Raspberry, black and red (Rubus occidentalis, Rubus strigosus, Rubus idaeus) 13A Table 2 - Crop Group 13 Subgroups Listing Crop Subgroup 13A. Caneberry (blackberry and raspberry) subgroup. Any one blackberry or any one raspberry. Blackberry; loganberry; red and black raspberry; cultivars and/or hybrids of these. (iii) Table. The following table 2 identi�es the crop subgroups for Crop Group 13, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 69/1218 Crop Subgroup 13B. Bushberry subgroup. Blueberry, highbush. Blueberry, highbush and lowbush; currant; elderberry; gooseberry; huckleberry. Table 1 - Crop Group 13-07: Berry and Small Fruit Crop Group Amur river grape (Vitis amurensis Rupr) 13-07D, 13-07E, 13-07F Aronia berry (Aronia spp.) 13-07B Bayberry (Myrica spp.) 13-07C Bearberry (Arctostaphylos uva-ursi) 13-07G, 13-07H Bilberry (Vaccinium myrtillus L.) 13-07G, 13-07H (21) Crop Group 13-07. Berry and Small Fruit Crop Group (i) Representative commodities. Any one blackberry or any one raspberry; highbush blueberry; elderberry or mulberry; grape; fuzzy kiwifruit, and strawberry. (ii) Table. The following Table 1 lists all the commodities listed in Crop Group 13-07 and identi�es the related crop subgroups. Representative commodities Commodities Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 70/1218 Blackberry (Rubus spp.) (including Andean blackberry, arctic blackberry, bingleberry, black satin berry, boysenberry, brombeere, California blackberry, Chesterberry, Cherokee blackberry, Cheyenne blackberry, common blackberry, coryberry, darrowberry, dewberry, Dirksen thornless berry, evergreen blackberry, Himalayaberry, hullberry, lavacaberry, loganberry, lowberry, Lucretiaberry, mammoth blackberry, marionberry, mora, mures deronce, nectarberry, Northern dewberry, olallieberry, Oregon evergreen berry, phenomenalberry, rangeberry, ravenberry, rossberry, Shawnee blackberry, Southern dewberry, tayberry, youngberry, zarzamora, and cultivars, varieties and/or hybrids of these.) 13-07A Blueberry, highbush (Vaccinium spp.) 13-07B Blueberry, lowbush (Vaccinium angustifolium Aiton) 13-07B Buffalo currant (Ribes aureum Pursh) 13-07B Buffaloberry (Shepherdia argentea (Pursh) Nutt.) 13-07C Che (Cudrania tricuspidata Bur. Ex Lavallee) 13-07C Chilean guava (Myrtus ugni Mol.) 13-07B Chokecherry (Prunus virginiana L.) 13-07C Cloudberry (Rubus chamaemorus L.) 13-07G, 13-07H Cranberry (Vaccinium macrocarpon Aiton) 13-07G, 13-07H Currant, black (Ribes nigrum L.) 13-07B Currant, red (Ribes rubrum L.) 13-07B Elderberry (Sambucus spp.) 13-07B, 13-07C Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 71/1218 European barberry (Berberis vulgaris L.) 13-07B Gooseberry (Ribes spp.) 13-07B, 13-07D, 13-07E, 13-07F Grape (Vitis spp.) 13-07D, 13-07F Highbush cranberry (Viburnum opulus L. var. Americanum Aiton) 13-07B Honeysuckle, edible (Lonicera caerula L. var. emphyllocalyx Nakai, Lonicera caerula L var . edulis Turcz. ex herder) 13-07B Huckleberry (Gaylussacia spp.) 13-07B Jostaberry (Ribes x nidigrolaria Rud. Bauer and A. Bauer) 13-07B Juneberry (Saskatoon berry) (Amelanchier spp.) 13-07B, 13-07C Kiwifruit, fuzzy (Actinidia deliciosa A. Chev.) (C.F. Liang and A.R. Fergusons, Actinida chinensis Planch.) 13-07D, 13-07E Kiwifruit, hardy (Actinidia arguta (Siebold and Zucc.) Planch. ex Miq) 13-07D, 13-07E, 13-07F Lingonberry (Vaccinium vitis-idaea L.) 13-07B, 13-07G 13-07H Maypop (Passi�ora incarnata L.) 13-07E, 13-07F Mountain pepper berries (Tasmannia lanceolata)(Poir.) A.C.Sm. 13-07C Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 72/1218 Mulberry (Morus spp.) 13-07C Muntries (Kunzea pomifera F. Muell.) 13-07G, 13-07H Native currant (Acrotriche depressa R. BR.) 13-07B Partridgeberry (Mitchella repens L.) 13-07G, 13-07H Phalsa (Grewia subinaequalis DC.) 13-07C Pincherry (Prunus pensylvanica L.f.) 13-07C Raspberry, black and red (Rubus spp.) 13-07A Riberry (Syzygium luehmannii) 13-07C Salal (Gaultheria shallon Pursh.) 13-07B, 13-07C Schisandra berry (Schisandra chinensis (Turcz.) Baill.) 13-07D, 13-07E, 13-07F Sea buckthorn (Hippophae rhamnoides L.) 13-07B Serviceberry (Sorbus spp.) 13-07C Strawberry (Fragaria x ananassa Duchesne) 13-07G Wild raspberry (Rubus muelleri Lefevre ex P.J. Mull) 13-07A Cultivars, varieties, and/or hybrids of these. Table 2 - Crop Group 13-07: Subgroup Listing (iii) Table. The following Table 2 identi�es the crop subgroups for Crop Group 13 07, speci�es the representative commodities for each subgroup and lists all the commodities included in each subgroup. Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 73/1218 Crop Subgroup 13 07A. Caneberry subgroup Any one blackberry or any one raspberry. Blackberry; loganberry; raspberry, red and black; wild raspberry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13 07B. Bushberry subgroup. Blueberry, highbush. Aronia berry; blueberry, highbush; blueberry, lowbush; buffalo currant; Chilean guava; currant, black; currant, red; elderberry; European, barberry; gooseberry; cranberry, highbush; honeysuckle, edible; huckleberry; jostaberry; Juneberry; lingonberry; native currant; salal; sea buckthorn; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13 07C. Large shrub/tree berry subgroup. Elderberry or mulberry. Bayberry; buffaloberry; che; chokecherry; elderberry; Juneberry; mountain pepper berries; mulberry; phalsa; pincherry; riberry; salal; serviceberry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13 07D. Small fruit vine climbing subgroup. Grape and fuzzy kiwifruit. Amur river grape; gooseberry; grape; kiwifruit, fuzzy; kiwifruit, hardy; Maypop; schisandra berry; cultivars, varieties, and /or hybrids of these. Representative commodities Representative commodities CommoditiesCommodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 74/1218 Crop Subgroup 13 07E. Small fruit vine climbing subgroup, except grape. Fuzzy kiwifruit. Amur river grape; gooseberry; kiwifruit, fuzzy; kiwifruit, hardy; Maypop; schisandra berry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13 07F. Small fruit vine climbing subgroup except fuzzy kiwifruit. Grape. Amur river grape; gooseberry; grape; kiwifruit, hardy; Maypop; schisandra berry; cultivars varieties, and/or hybrids of these. Crop Subgroup 13 07G. Low growing berry subgroup. Strawberry. Bearberry; bilberry; blueberry, lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry; strawberry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13 07H. Low growing berry subgroup, except strawberry. Cranberry Bearberry; bilberry; blueberry, lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry; cultivars, varieties, and/or cultivars of these. (22) Crop Group 14. Tree Nuts Group. (i) Representative commodities. Almond and pecan. Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 75/1218 Crop Group 14: Tree Nuts - Commodities Almond (Prunus dulcis) Beech nut (Fagus spp.) Brazil nut (Bertholletia excelsa) Butternut (Juglans cinerea) Cashew (Anacardium occidentale) Chestnut (Castanea spp.) Chinquapin (Castanea pumila) Filbert (hazelnut) (Corylus spp.) Hickory nut (Carya spp.) Macadamia nut (bush nut) (Macadamia spp.) Pecan (Carya illinoensis) Walnut, black and English (Persian) (Juglans spp.) Crop Group 14-12: Tree Nut Group African nut-tree (Ricinodendron heudelotii (Baill.) Heckel) Almond (Prunus dulcis (Mill.) D.A. Webb) Beechnut (Fagus grandifolia Ehrh.; F. sylvatica L.) Brazil nut (Bertholletia excelsa Humb. & Bonpl.) Brazilian pine (Araucaria angustifolia (Bertol.) Kuntze) Bunya (Araucaria bidwillii Hook.) Bur oak (Quercus macrocarpa Michx.) (ii) Commodities. The following is a list of all the commodities included in Crop Group 14: (23) Crop Group 14-12. Tree Nut Group. (i) Representative commodities. Almond and Pecan. (ii) Commodities. The following is a list of all commodities included in Crop Group 14-12. 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 76/1218 Butternut (Juglans cinerea L.) Cajou nut (Anacardium giganteum Hance ex Engl.) Candlenut (Aleurites moluccanus (L.) Willd.) Cashew (Anacardium occidentale L.) Chestnut (Castanea crenata Siebold & Zucc.; C. dentata (Marshall) Borkh.; C. mollissima Blume; C. sativa Mill.) Chinquapin (Castaneapumila (L.) Mill.) Coconut (Cocos nucifera L.) Coquito nut (Jubaea chilensis (Molina) Baill.) Dika nut (Irvingia gabonensis (Aubry-Lecomte ex O'Rorke) Baill.) Ginkgo (Ginkgo biloba L.) Guiana chestnut (Pachira aquatica Aubl.) Hazelnut (Filbert) (Corylus americana Marshall; C. avellana L.; C. californica (A. DC.) Rose; C. chinensis Franch.) Heartnut (Juglans ailantifolia Carrière var. cordiformis (Makino) Rehder) Hickory nut (Carya cathayensis Sarg.; C. glabra (Mill.) Sweet; C. laciniosa (F. Michx.) W. P. C. Barton; C. myristiciformis (F. Michx.) Elliott; C. ovata (Mill.) K. Koch; C. tomentosa (Lam.) Nutt.) Japanese horse-chestnut (Aesculus turbinate Blume) Macadamia nut (Macadamia integrifolia Maiden & Betche; M. tetraphylla L.A.S. Johnson) Mongongo nut (Schinziophyton rautanenii (Schinz) Radcl.-Sm.) Monkey-pot (Lecythis pisonis Cambess.) Monkey puzzle nut (Araucaria araucana (Molina) K. Koch) Okari nut (Terminalia kaernbachii Warb.) Pachira nut (Pachira insignis (Sw.) Savigny) Peach palm nut (Bactris gasipaes Kunth var. gasipaes) Pecan (Carya illinoinensis (Wangenh.) K. Koch) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 77/1218 Pequi (Caryocar brasiliense Cambess.; C. villosum (Aubl.) Pers; C. nuciferum L.) Pili nut (Canarium ovatum Engl.; C. vulgare Leenh.) Pine nut (Pinus edulis Engelm.; P. koraiensis Siebold & Zucc.; P. sibirica Du Tour; P. pumila (Pall.) Regel; P. gerardiana Wall. ex D. Don; P. monophylla Torr. & Frém.; P. quadrifolia Parl. ex Sudw.; P. pinea L.) Pistachio (Pistacia vera L.) Sapucaia nut (Lecythis zabucaja Aubl.) Tropical almond (Terminalia catappa L.) Walnut, black (Juglans nigra L.; J. hindsii Jeps. ex R. E. Sm.; J. microcarpa Berland.) Walnut, English (Juglans regia L.) Yellowhorn (Xanthoceras sorbifolium Bunge) Cultivars, varieties, and/or hybrids of these Crop Group 15: Cereal Grains - Commodities Barley (Hordeum spp.) Buckwheat (Fagopyrum esculentum) Corn (Zea mays) Millet, pearl (Pennisetum glaucum) Millet, proso (Panicum milliaceum) Oats (Avena spp.) Popcorn (Zea mays var. everta) Rice (Oryza sativa) Rye (Secale cereale) (24) Crop Group 15. Cereal Grains Group. (i) Representative commodities. Corn (fresh sweet corn and dried �eld corn), rice, sorghum, and wheat. (ii) Commodities. The following is a list of all the commodities included in Crop Group 15: 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 78/1218 Sorghum (milo) (Sorghum spp.) Teosinte (Euchlaena mexicana) Triticale (Triticum-Secale hybrids) Wheat (Triticum spp.) Wild rice (Zizania aquatica) Crop Group 18: Nongrass Animal Feeds (Forage, Fodder, Straw, and Hay) Group - Commodities Alfalfa (Medicago sativa subsp. sativa) Bean, velvet (Mucuna pruriens var. utilis) Clover (Trifolium spp., Melilotus spp.) Kudzu (Pueraria lobata) Lespedeza (Lespedeza spp.) (25) Crop Group 16. Forage, Fodder and Straw of Cereal Grains Group. (i) Representative commodities. Corn, wheat, and any other cereal grain crop. (ii) Commodities. The commodities included in Crop Group 16 are: Forage, fodder, stover, and straw of all commodities included in the group cereal grains group. EPA may establish separate group tolerances on forage, fodder, hay, stover, or straw, if data on the representative commodities indicate differences in the levels of residues on forage, fodder, stover, or straw. (26) Crop Group 17. Grass Forage, Fodder, and Hay Group. (i) Representative commodities. Bermuda grass; bluegrass; and bromegrass or fescue. (ii) Commodities. The commodities included in Crop Group 17 are: Forage, fodder, stover, and hay of any grass, Gramineae/Poaceae family (either green or cured) except sugarcane and those included in the cereal grains group, that will be fed to or grazed by livestock, all pasture and range grasses and grasses grown for hay or silage. EPA may establish separate group tolerances on forage, fodder, stover, or hay, if data on the representative commodities indicate differences in the levels of residues on forage, fodder, stover, or hay. (27) Crop Group 18. Nongrass Animal Feeds (Forage, Fodder, Straw, and Hay) Group. (i) Representative commodities. Alfalfa and clover (Trifolium spp.) (ii) Commodities. EPA may establish separate group tolerances on forage, fodder, straw, or hay, if data on the representative commodities indicate differences in the levels of residues on forage, fodder, straw, or hay. The following is a list of all the commodities included in Crop Group 18: 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 79/1218 Lupin (Lupinus spp.) Sainfoin (Onobrychis viciifolia); Trefoil (Lotus spp.) Vetch (Vicia spp.) Vetch, crown (Coronilla varia) Vetch, milk (Astragalus spp). Table 1 - Crop Group 19: Herbs and Spices Group Allspice (Pimenta dioica) 19B Angelica (Angelica archangelica) 19A Anise (anise seed) (Pimpinella anisum) 19B Anise, star (Illicium verum) 19B Annatto (seed) 19B Balm (lemon balm) (Melissa o�cinalis) 19A Basil (Ocimum basilicum) 19A Borage (Borago o�cinalis) 19A Burnet (Sanguisorba minor) 19A Camomile (Anthemis nobilis) 19A Caper buds (Capparis spinosa) 19B Caraway (Carum carvi) 19B (28) Crop Group 19. Herbs and Spices Group. (i) Representative commodities. Basil (fresh and dried); black pepper; chive; and celery seed or dill seed. (ii) Table. The following table 1 lists all the commodities included in Crop Group 19 and identi�es the related subgroups. Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 80/1218 Caraway, black (Nigella sativa) 19B Cardamom (Elettaria cardamomum) 19B Cassia bark (Cinnamomum aromaticum) 19B Cassia buds (Cinnamomum aromaticum) 19B Catnip (Nepeta cataria) 19A Celery seed (Apicum graveolens) 19B Chervil (dried) (Anthriscus cerefolium) 19A Chive (Allium schoenoprasum) 19A Chive, Chinese (Allium tuberosum) 19A Cinnamon (Cinnamomum verum) 19B Clary (Salvia sclarea) 19A Clove buds (Eugenia caryophyllata) 19B Coriander (cilantro or Chinese parsley) (leaf) (Coriandrum sativum) 19A Coriander (cilantro) (seed) (Coriandrum sativum) 19B Costmary (Chrysanthemum balsamita) 19A Culantro (leaf) (Eryngium foetidum) 19A Culantro (seed) (Eryngium foetidum) 19B Cumin (Cuminum cyminum) 19B Curry (leaf) (Murraya koenigii) 19A Dill (dillweed) (Anethum graveolens) 19A Dill (seed) (Anethum graveolens) 19B Fennel (common) (Foeniculum vulgare) 19B Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 81/1218 Fennel, Florence (seed) (Foeniculum vulgare Azoricum Group) 19B Fenugreek (Trigonella foenumgraecum) 19B Grains of paradise (Aframomum melegueta) 19B Horehound (Marrubium vulgare) 19A Hyssop (Hyssopus o�cinalis) 19A Juniper berry (Juniperus communis) 19B Lavender (Lavandula o�cinalis) 19A Lemongrass (Cymbopogon citratus) 19A Lovage (leaf) (Levisticum o�cinale) 19A Lovage (seed) (Levisticum o�cinale) 19B Mace (Myristica fragrans) 19B Marigold (Calendula o�cinalis) 19A Marjoram (Origanum spp.) (includes sweet or annual marjoram, wild marjoram or oregano, and pot marjoram) 19A Mustard (seed) (Brassica juncea, B. hirta, B. nigra) 19B Nasturtium (Tropaeolum majus) 19A Nutmeg (Myristica fragrans) 19B Parsley (dried) (Petroselinum crispum) 19A Pennyroyal (Mentha pulegium) 19A Pepper, black (Piper nigrum) 19B Pepper, white 19B Poppy (seed) (Papaver somniferum) 19B Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 82/1218 Rosemary (Rosemarinus o�cinalis) 19A Rue (Ruta graveolens) 19A Saffron (Crocus sativus) 19B Sage (Salvia o�cinalis) 19A Savory, summer and winter (Satureja spp.) 19A Sweet bay (bay leaf) (Laurus nobilis) 19A Tansy (Tanacetum vulgare) 19A Tarragon (Artemisia dracunculus) 19A Thyme (Thymus spp.) 19A Vanilla (Vanilla planifolia) 19B Wintergreen (Gaultheria procumbens) 19A Woodruff (Galium odorata) 19A Wormwood (Artemisia absinthium) 19A Table 2 - Crop Group 19 Subgroups Crop Subgroup 19A. Herb subgroup. (iii) Table. The following table 2 identi�es the crop subgroups for Crop Group 19, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 83/1218 Basil (fresh and dried) and chive. Angelica; balm; basil; borage; burnet; camomile; catnip; chervil (dried); chive; chive, Chinese, clary; coriander (leaf); costmary; culantro (leaf); curry (leaf); dillweed; horehound; hyssop; lavender; lemongrass; lovage (leaf); marigold; marjoram (Origanum spp.); nasturtium; parsley (dried); pennyroyal; rosemary; rue; sage; savory, summer and winter; sweet bay; tansy; tarragon; thyme; wintergreen; woodruff; and wormwood. Crop Subgroup 19B. Spice subgroup. Black pepper; and celery seed or dill seed. Allspice; anise (seed); anise, star; annatto (seed); caper (buds); caraway; caraway, black; cardamom; cassia (buds); celery (seed); cinnamon; clove (buds); coriander (seed); culantro (seed); cumin; dill (seed); fennel, common; fennel, Florence (seed); fenugreek; grains of paradise; juniper (berry); lovage (seed); mace; mustard (seed); nutmeg; pepper, black; pepper, white; poppy (seed); saffron; and vanilla. Table 1 - Crop Group 20: Oilseed Group Borage, Borago o�cinalis L 20A (iv) After November 6, 2020, new herb crop group and subgroup tolerances will be established as Crop Group 25 or subgroups 25A and 25B, and new spice crop group tolerances will be established as Crop Group 26. (29) Crop Group 20. Oilseed Group. (i) Representative commodities. Rapeseed (canola varieties only); sun�ower, seed and cottonseed. (ii) Table. The following Table 1 lists all the commodities listed in Crop Group 20 and identi�es the related crop subgroups and includes cultivars and/or varieties of these commodities. Representative commodities Commodities Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 84/1218 Calendula, Calendula o�cinalis L 20B Castor oil plant, Ricinus communis L 20B Chinese tallowtree, Triadica sebifera (L.) Small 20B Cottonseed, Gossypium hirsutum L. Gossypium spp 20C Crambe, Crambe hispanica L.; C. abyssinica Hochst. ex R.E. Fr 20A Cuphea, Cuphea hyssopifolia Kunth 20A Echium, Echium plantagineum L 20A Euphorbia, Euphorbia esula L 20B Evening primrose, Oenothera biennis L 20B Flax seed, Linum usitatissimum L 20A Gold of pleasure, Camelina sativa (L.) Crantz 20A Hare's ear mustard, Conringia orientalis (L.) Dumort 20A Jojoba, Simmondsia chinensis (Link) C.K. Schneid 20B Lesquerella, Lesquerella recurvata (Engelm. ex A. Gray) S. Watson 20A Lunaria, Lunaria annua L 20A Meadowfoam, Limnanthes alba Hartw. ex Benth 20A Milkweed, Asclepias spp 20A Mustard seed, Brassica hirta Moench, Sinapis alba L. subsp. Alba.. 20A Niger seed, Guizotia abyssinica (L.f.) Cass 20B Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 85/1218 Oil radish, Raphanus sativus L. var. oleiformis Pers 20A Poppy seed, Papaver somniferum L. subsp. Somniferum 20A Rapeseed, Brassica spp.; B. napus L 20A Rose hip, Rosa rubiginosa L 20B Sa�ower, Carthamus tinctorious L 20B Sesame, Sesamum indicum L., S. radiatum Schumach. & honn 20A Stokes aster, Stokesia laevis (Hill) Greene 20B Sun�ower, Helianthus annuus L 20B Sweet rocket, Hesperis matronalis L 20A Tallowwood, Ximenia americana L 20B Tea oil plant, Camellia oleifera C. Abel 20B Vernonia, Vernonia galamensis (Cass.) Less 20B Cultivars, varieties, and/or hybrids of these Table 2 - Crop Group 20: Subgroup Listing Crop subgroup 20A. Rapeseed subgroup (iii) Table. The following Table 2 identi�es the crop subgroups for Crop Group 20, speci�es the representative commodities for each subgroup and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 86/1218 Rapeseed, canola varieties only Borage; crambe; cuphea; echium; �ax seed; gold of pleasure; hare's ear mustard; lesquerella; lunaria; meadowfoam; milkweed; mustard seed; oil radish; poppy seed; rapeseed; sesame; sweet rocket cultivars, varieties, and/or hybrids of these. Crop subgroup 20B. Sun�ower subgroup Sun�ower, seed Calendula; castor oil plant; chinese tallowtree; euphorbia; evening primrose; jojoba; niger seed; rose hip; sa�ower; stokes aster; sun�ower; tallowwood; tea oil plant; vernonia; cultivars, varieties, and/or hybrids of these. Crop subgroup 20C. Cottonseed subgroup Cottonseed Cottonseed; cultivars, varieties, and/or hybrids of these. Crop Group 21 - Edible Fungi Group - Commodities Blewitt (Lepista nuda) Bunashimeji (Hypsizygus marrmoreus) Chinese mushroom (Volvariella volvacea) (Bull.) Singer Enoki (Flammulina velutipes) (Curt.) Singer Hime-Matsutake (Agaricus blazei) Murill (30) Crop Group 21. Edible fungi Group. (i) Representative commodities. White button mushroom and any one oyster mushroom or any Shiitake mushroom. (ii) Table. The following is a list of all the commodities in Crop Group 21. There are no related subgroups. Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 87/1218 Hirmeola (Auricularia auricular) Maitake (Grifola frondosa) Morel (Morchella spp.) Nameko (Pholiota nameko) Net Bearing (Dictyophora) Oyster mushroom (Pleurotus spp.) Pom Pom (Hericium erinaceus) Reishi mushroom (Ganoderma lucidum (Leyss. Fr.) Karst.) Rodman's agaricus (Agaricus bitorquis) (Quel.) Saccardo Shiitake mushroom (Lentinula edodes (Berk.) Pegl.) Shimeji (Tricholoma conglobatum) Stropharia (Stropharia spp.) Tru�e (Tuber spp.) White button mushroom (Agaricus bisporous (Lange) Imbach) White Jelly Fungi (Tremella fuciformis) Table 1 - Crop Group 22: Stalk, Stem and Leaf Petiole Vegetable Group Agave (Agave spp.) 22A Aloe vera (Aloe vera (L.) Burm.f.) 22A (31) Crop Group 22. Stalk, Stem and Leaf Petiole Vegetable Group. (i) Representative commodities. Asparagus and celery. (ii) Commodities. The following Table 1 lists all commodities included in Crop Group 22. Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 88/1218 Asparagus (Asparagus o�cinalis L.) 22A Bamboo, shoots (Arundinaria spp.; Bambusa spp., Chimonobambusa spp.; Dendrocalamus spp., Fargesia spp.; Gigantochloa spp., Nastus elatus; Phyllostachys spp.; Thyrsostachys spp.) 22A Cardoon (Cynara cardunculus L.) 22B Celery (Apium graveolens var. dulce (Mill.) Pers.) 22B Celery, Chinese (Apium graveolens L. var. secalinum (Alef.) Mansf.) 22B Celtuce (Lactuca sativa var. angustana L.H. Bailey) 22A Fennel, Florence, fresh leaves and stalk (Foeniculum vulgare subsp. vulgare var. azoricum (Mill.) Thell.) 22A Fern, edible, �ddlehead 22A Fuki (Petasites japonicus (Siebold & Zucc.) Maxim.) 22B Kale, sea (Crambe maritima L.) 22A Kohlrabi (Brassica oleracea L. var gongylodes L.) 22A Palm hearts (various species) 22A Prickly pear, pads (Opuntia �cus-indica (L.) Mill., Opuntia spp.) 22A Prickly pear, Texas, pads (Opuntia engelmannii Salm Dyck ex Engelm. var. lindheimeri (Engelm.) B.D. Par�tt & Pinkav) 22A Rhubarb (Rheum x rhabarbarum L.) 22B Udo (Aralia cordata Thunb. ) 22B Zuiki (Colocasia gigantea (Blume) Hook. f.) 22B Cultivars, varieties, and hybrids of these commodities Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 89/1218 Table 2 - Crop Group 22: Subgroup Listing Crop Subgroup 22A. Stalk and stem vegetable subgroup Asparagus Agave; aloe vera; asparagus; bamboo, shoots; celtuce; fennel, �orence, fresh leaves and stalk; fern, edible, �ddlehead; kale, sea; kohlrabi; palm hearts; prickly pear, pads; prickly pear, Texas, pads; cultivars, varieties, and hybrids of these commodities. Crop Subgroup 22B. Leaf petiole vegetable subgroup Celery Cardoon; celery; celery, Chinese; fuki; rhubarb; udo; zuiki; cultivars, varieties, and hybrids of these commodities. Table 1 - Crop Group 23: Tropical and Subtropical Fruit, Edible Peel Group Açaí (Euterpe oleracea Mart.) 23C Acerola (Malpighia emarginata DC.) 23A Achachairú (Garcinia gardneriana (Planch. & Triana) Zappi) 23B African plum (Vitex doniana Sweet) 23A (iii) Crop subgroups. The following Table 2 identi�es the crop subgroups for Crop Group 22, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. (32) Crop Group 23. Tropical and Subtropical Fruit, Edible Peel Group. (i) Representative commodities. Date, �g, guava, and olive. (ii) Commodities. The following Table 1 lists all commodities included in Crop Group 23. Representative commodities Commodities Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 90/1218 Agritos (Berberis trifoliolata Moric.) 23A Almondette (Buchanania lanzan Spreng.) 23A Ambarella (Spondias dulcis Sol. ex Parkinson) 23B Apak palm (Brahea dulcis (Kunth) Mart.) 23C Appleberry (Billardiera scandens Sm.) 23A Arazá (Eugenia stipitata McVaugh) 23B Arbutus berry (Arbutus unedo L.) 23A Babaco (Vasconcellea x heilbornii (V.M. Badillo) V.M. Badillo) 23B Bacaba palm (Oenocarpus bacaba Mart.) 23C Bacaba-de-leque (Oenocarpus distichus Mart.) 23C Bayberry, red (Morella rubra Lour.) 23A Bignay (Antidesma bunius (L.) Spreng.) 23A Bilimbi (Averrhoa bilimbi L.) 23B Borojó (Borojoa patinoi Cuatrec.) 23B Breadnut (Brosimum alicastrum Sw.) 23A Cabeluda (Plinia glomerata (O. Berg) Amshoff) 23A Cajou, fruit (Anacardium giganteum Hance ex Engl.) 23B Cambucá (Marlierea edulis Nied.) 23B Carandas-plum (Carissa edulis Vahl) 23A Carob (Ceratonia siliqua L.) 23B Cashew apple (Anacardium occidentale L.) 23B Ceylon iron wood (Manilkara hexandra (Roxb.) Dubard) 23A Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 91/1218 Ceylon olive (Elaeocarpus serratus L.) 23A Cherry-of-the-Rio-Grande (Eugenia aggregata (Vell.) Kiaersk.) 23A Chinese olive, black (Canarium tramdenum C.D. Dai & Yakovlev) 23A Chinese olive, white (Canarium album (Lour.) Raeusch.) 23A Chirauli-nut (Buchanania latifolia Roxb.) 23A Ciruela verde (Bunchosia armeniaca (Cav.) DC.) 23B Cocoplum (Chrysobalanus icaco L.) 23A Date (Phoenix dactylifera L.) 23C Davidson's plum (Davidsonia pruriens F. Muell.) 23B Desert-date (Balanites aegyptiacus (L.) Delile) 23A Doum palm coconut (Hyphaene thebaica (L.) Mart.) 23C False sandalwood (Ximenia americana L.) 23A Feijoa (Acca sellowiana (O. Berg) Burret) 23B Fig (Ficus carica L.) 23B Fragrant manjack (Cordia dichotoma G. Forst.) 23A Gooseberry, abyssinian (Dovyalis abyssinica (A. Rich.) Warb.) 23A Gooseberry, Ceylon (Dovyalis hebecarpa (Gardner) Warb.) 23A Gooseberry, Indian (Phyllanthus emblica L.) 23B Gooseberry, otaheite (Phyllanthus acidus (L.) Skeels) 23A Governor's plum (Flacourtia indica (Burm. F.) Merr.) 23A Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 92/1218 Grumichama (Eugenia brasiliensis Lam) 23A Guabiroba (Campomanesia xanthocarpa O. Berg) 23A Guava (Psidium guajava L.) 23B Guava berry (Myrciaria �oribunda (H. West ex Willd.) O. Berg) 23A Guava, Brazilian (Psidium guineense Sw.) 23A Guava, cattley (Psidium cattleyanum Sabine) 23B Guava, Costa Rican (Psidium friedrichsthalianum (O. Berg) Nied.) 23A Guava, Para (Psidium acutangulum DC.) 23B Guava, purple strawberry (Psidium cattleyanum Sabine var. cattleyanum) 23B Guava, strawberry (Psidium cattleyanum Sabine var. littorale (Raddi) Fosberg) 23B Guava, yellow strawberry (Psidium cattleyanum Sabine var. cattleyanum forma lucidum O. Deg.) 23B Guayabillo (Psidium sartorianum (O. Berg) Nied.) 23A Illawarra plum (Podocarpus elatus R. Br. Ex Endl.) 23A Imbé (Garcinia livingstonei T. Anderson) 23B Imbu (Spondias tuberosa Arruda ex Kost.) 23B Indian-plum (Flacourtia jangomas (Lour.). basionym) 23A Jaboticaba (Myrciaria cauli�ora (Mart.) O. Berg) 23B Jamaica-cherry (Muntingia calabura L.) 23A Jambolan (Syzygium cumini (L.) Skeels) 23A Jelly palm (Butia capitata (Mart.) Becc.) 23C Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 93/1218 Jujube, Indian (Ziziphus mauritiana Lam.) 23B Ka�r-plum (Harpephyllum caffrum Bernh. Ex C. Krauss) 23A Kakadu plum (Terminalia latipes Benth. subsp. psilocarpa Pedley) 23A Kapundung (Baccaurea racemosa (Reinw.) Mull. Arg.) 23A Karanda (Carissa carandas L.) 23A Kwai muk (Artocarpus hypargyreus Hance ex Benth.) 23B Lemon aspen (Acronychia acidula F. Muell) 23A Mangaba (Hancornia speciosa Gomes) 23B Marian plum (Bouea macrophylla Griff.) 23B Mombin, malayan (Spondias pinnata (J. Koenig ex L. f.) Kurz) 23B Mombin, purple (Spondias purpurea L.) 23B Mombin, yellow (Spondias mombin L.) 23A Monkeyfruit (Artocarpus lacucha Buch. Ham.) 23B Monos plum (Pseudanamomis umbellulifera (Kunth) Kausel) 23A Mountain cherry (Bunchosia cornifolia Kunth) 23A Nance (Byrsonima crassifolia (L.) Kunth) 23B Natal plum (Carissa macrocarpa (Eckl.) A. DC.) 23B Noni (Morinda citrifolia L.) 23B Olive (Olea europaea L. subsp. europaea) 23A Papaya, mountain (Vasconcellea pubescens A. DC.) 23B Patauá (Oenocarpus bataua Mart.) 23C Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 94/1218 Peach palm, fruit (Bactris gasipaes Kunth var. gasipaes) 23C Persimmon, black (Diospyros texana Scheele) 23A Persimmon, Japanese (Diospyros kaki Thunb.) 23B Pitomba (Eugenia luschnathiana Klotzsch ex O. Berg) 23A Plum-of-Martinique (Flacourtia inermis Roxb.) 23A Pomerac (Syzygium malaccense (L.) Merr. & L.M. Perry) 23B Rambai (Baccaurea motleyana (Mull. Arg.) Mull. Arg.) 23B Rose apple (Syzygium jambos (L.) Alston) 23B Rukam (Flacourtia rukam Zoll. & Moritizi) 23A Rumberry (Myrciaria dubia (Kunth) McVaugh Myrtaceae) 23A Sea grape (Coccoloba uvifera (L.) L.) 23A Sentul (Sandoricum koetjape (Burm. F.) Merr.) 23B Sete-capotes (Campomanesia guazumifolia (Cambess.) O. Berg) 23A Silver aspen (Acronychia wilcoxian (F. Muell.) T.G. Hartley) 23A Starfruit (Averrhoa carambola L.) 23B Surinam cherry (Eugenia uni�ora L.) 23B Tamarind (Tamarindus indica L.) 23B Uvalha (Eugenia pyriformis Cambess ) 23B Water apple (Syzygium aqueum (Burm. F.) Alston) 23A Water pear (Syzygium guineense (Willd.) DC) 23A Water berry (Syzygium cordatum Hochst. Ex C. Krauss) 23A Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 95/1218 Wax jambu (Syzygium samarangense (Blume) Merr. & L.M. Perry) 23A Cultivars, varieties, and hybrids of these commodities Table 2 - Crop Group 23: Subgroup Listing Crop Subgroup 23A. Tropical and Subtropical, Small fruit, edible peel subgroup Olive Acerola; African plum; agritos; almondette; appleberry; arbutus berry; bayberry, red; bignay; breadnut; cabeluda; carandas-plum; Ceylon iron wood; Ceylon olive; cherry-of-the-Rio-Grande; Chinese olive, black; Chinese olive, white; chirauli nut; cocoplum; desert-date; false sandalwood; fragant manjack; gooseberry, abyssinian; gooseberry, Ceylon; gooseberry, otaheite; governor's plum; grumichama; guabiroba; guava berry; guava, Brazilian; guava, Costa Rican; guayabillo; illawarra plum; Indian-plum; Jamaica cherry; jambolan; ka�r-plum; kakadu plum; kapundung; karanda; lemon aspen; mombin, yellow; monos plum; mountain cherry; olive; persimmon, black; pitomba; plum-of-Martinique; rukam; rumberry; sea grape; sete-capotes; silver aspen; water apple; water pear; water berry; wax jambu; cultivars, varieties, and hybrids of these commodities. Crop Subgroup 23B. Tropical and Subtropical, Medium to large fruit, edible peel subgroup (iii) Table. The following Table 2 identi�es the crop subgroups for Crop Group 23, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 96/1218 Fig and guava Achachairú; ambarella; arazá; babaco; bilimbi; borojó; cajou, fruit; cambucá; carob; cashew apple; ciruela verde; davidson's plum; feijoa; �g; gooseberry, Indian; guava; guava, cattley; guava, Para; guava, purple strawberry; guava, strawberry; guava, yellow strawberry; imbé; imbu; jaboticaba; jujube, Indian; kwai muk; mangaba; Marian plum; mombin, Malayan; mombin, purple; monkeyfruit; nance; natal plum; noni; papaya, mountain; persimmon, Japanese; pomerac; rambai; rose apple; sentul; starfruit; Surinam cherry; tamarind; uvalha; cultivars, varieties, and hybrids of these commodities. Crop Subgroup 23C. Tropical and Subtropical, Palm fruit, edible peel subgroup Date Açaí; apak palm; bacaba palm; bacaba-de-leque; date; doum palm coconut; jelly palm; patauá; peach palm, fruit; cultivars, varieties, and hybrids of these commodities. Table 1 - Crop Group 24: Tropical and Subtropical Fruit, Inedible Peel Group Abiu (Pouteria caimito (Ruiz & Pav.) Radlk) 24B Aisen (Boscia senegalensis (Pers.) Lam.) 24A Akee apple (Blighia sapida K.D. Koenig) 24B (33) Crop Group 24. Tropical and Subtropical Fruit, Inedible Peel Group. (i) Representative commodities. Atemoya or sugar apple, avocado, banana or pomegranate, dragon fruit, lychee, passionfruit, pineapple, and prickly pear, fruit. (ii) Commodities. The following Table 1 lists all commodities included in Crop Group 24. Representative commodities Commodities Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 97/1218 Atemoya (Annona cherimola Mill. X A. squamosa L.) 24C Avocado (Persea americana Mill.) 24B Avocado, Guatemalan (Persea americana Mill. var. guatemalensis) 24B Avocado, Mexican (Persea americana Mill. var. drymifolia (Schltdl. & Cham.) S.F. Blak) 24B Avocado, West Indian (Persea americana var. americana) 24B Bacury (Platonia insignis Mart.) 24B Bael fruit (Aegle marmelos (L.) Corrêa) 24A Banana (Musa spp.) 24B Banana, dwarf (Musa hybrids; Musa acuminata Colla) 24B Binjai (Mangifera caesia Jack) 24B Biriba (Annona mucosa Jacq.) 24C Breadfruit (Artocarpus altilis (Parkinson) Fosberg) 24C Burmese grape (Baccaurea rami�ora Lour.) 24A Canistel (Pouteria campechiana (Kunth) Baehni) 24B Cat's-eyes (Dimocarpus longan Lour. subsp. malesianus Leenh.) 24A Champedak (Artocarpus integer (Thunb.) Merr.) 24C Cherimoya (Annona cherimola Mill.) 24C Cupuacú (Theobroma grandi�orum (Willd. Ex Spreng.) K. Schum.) 24B Custard apple (Annona reticulata L.) 24C Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 98/1218 Dragon fruit (Hylocereus undatus (Haw.) Britton & Rose) 24D Durian (Durio zibethinus L.) 24C Elephant-apple (Limonia acidissima L.) 24C Etambe (Mangifera zeylanica (Blume) Hook. F.) 24B Granadilla (Passi�ora ligularis Juss.) 24E Granadilla, giant (Passi�ora quadrangularis L.) 24E Ilama (Annona macroprophyllata Donn. Sm.) 24C Ingá (Inga vera Willd. subsp. a�nis (DC.) T.D. Penn.) 24A Jackfruit (Artocarpus heterophyllus Lam.) 24C Jatobá (Hymenaea courbaril L.) 24B Karuka (Pandanus julianettii Martelli) 24C Kei apple (Dovyalis caffra (Hook. F. & Harv.) Warb.) 24B Langsat (Lansium domesticum Corrêa) 24B Lanjut (Mangifera lagenifera Griff.) 24B Longan (Dimocarpus longan Lour.) 24A Lucuma (Pouteria lucuma (Ruiz & Pav.) Kuntze) 24B Lychee (Litchi chinensis Sonn.) 24A Mabolo (Diospyros blancoi A. DC.) 24B Madras-thorn (Pithecellobium dulce (Roxb.) Benth.) 24A Mammy-apple (Mammea americana L.) 24C Manduro (Balanites maughamii Sprague) 24A Mango (Mangifera indica L.) 24B Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 99/1218 Mango, horse (Mangifera foetida Lour.) 24B Mango, Saipan (Mangifera odorata Griff.) 24B Mangosteen (Garcinia mangostana L. ) 24B Marang (Artocarpus odoratissimus Blanco) 24C Marmaladebox (Genipa americana L.) 24C Matisia (Matisia cordata Humb. & Bonpl.) 24A Mesquite (Prosopis juli�ora (Sw.) DC.) 24A Mongongo, fruit (Schinziophyton rautanenii (Schinz) Radcl.-Sm) 24A Monkey-bread-tree (Adansonia digitata L.) 24C Monstera (Monstera deliciosa Liebm.) 24E Nicobar-breadfruit (Pandanus leram Jones ex Fontana) 24C Paho (Mangifera altissima Blanco) 24B Pandanus (Pandanus utilis Bory) 24C Papaya (Carica papaya L.) 24B Passion�ower, winged-stem (Passi�ora alata Curtis) 24E Passionfruit (Passi�ora edulis Sims) 24E Passionfruit, banana (Passi�ora tripartita var. mollissima (Kunth) Holm-Niels. & P. Jorg.) 24E Passionfruit, purple (Passi�ora edulis Sims forma edulis) 24E Passionfruit, yellow (Passi�ora edulis Sims forma �avicarpa O. Deg.) 24E Pawpaw, common (Asimina triloba (L.) Dunal) 24B Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 100/1218 Pawpaw, small-�ower (Asimina parvi�ora (Michx.) Dunal) 24A Pelipisan (Mangifera casturi Kosterm.) 24B Pequi (Caryocar brasiliense Cambess) 24B Pequia (Caryocar villosum (Aubl.) Pers.) 24B Persimmon, American (Diospyros virginiana L.) 24B Pineapple (Ananas comosus (L.) Merr.) 24C Pitahaya (Hylocereus polyrhizus (F.A.C. Weber) Britton & Rose) 24D Pitaya (Hylocereus sp. including H. megalanthus (H. ocamponis and H. polychizus) 24D Pitaya, amarilla (Hylocereus triangularis Britton & Rose) 24D Pitaya, roja (Hylocereus ocamponis (Salm-Dyck) Britton & Rose) 24D Pitaya, yellow (Hylocereus megalanthus (K. Schum. ex Vaupel) Ralf Bauer) 24D Plantain (Musa paradisiaca L.) 24B Pomegranate (Punica granatum L.) 24B Poshte (Annona liebmanniana Baill.) 24B Prickly pear, fruit (Opuntia �cus-indica (L.) Mill.) 24D Prickly pear, Texas, fruit (Opuntia engelmannii Salm Dyck ex Engelm. var. lindheimeri (Engelm.) B.D. Par�tt & Pinkav) 24D Pulasan (Nephelium ramboutan-ake (Labill.) Leenh.) 24C Quandong (Santalum acuminatum (R. Br.) DC.) 24B Rambutan (Nephelium lappaceum L.) 24C Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 101/1218 Saguaro (Carnegiea gigantea (Engelm.) Britton & Rose) 24D Sapodilla (Manilkara zapota (L.) P. Royen) 24C Sapote, black (Diospyros digyna Jacq.) 24B Sapote, green (Pouteria viridis (Pittier) Cronquist) 24B Sapote, mamey (Pouteria sapota (Jacq.) H.E. Moore & Stearn) 24C Sapote, white (Casimiroa edulis La Llave & Lex) 24B Sataw (Parkia speciosa Hassk.) 24B Satinleaf (Chrysophyllum oliviforme L.) 24A Screw-pine (Pandanus tectorius Parkinson) 24B Sierra Leone-tamarind (Dialium guineense Willd.) 24A Soncoya (Annona purpurea Moc. & Sessé ex Dunal) 24C Soursop (Annona muricata L.) 24C Spanish lime (Melicoccus bijugatus Jacq.) 24A Star apple (Chrysophyllum cainito L.) 24B Sugar apple (Annona squamosa L.) 24C Sun sapote (Licania platypus (Hemsl.) Fritsch) 24C Tamarind-of-the-Indies (Vangueria madagascariensis J.F. Gmel.) 24B Velvet tamarind (Dialium indum L.) 24A Wampi (Clausena lansium (Lour.) Skeels) 24A White star apple (Chrysophyllum albidum G. Don) 24A Wild loquat (Uapaca kirkiana Müll. Arg.) 24B Commodities Related crop subgroups 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 102/1218 Cultivars, varieties, and hybrids of these commodities Table 2 - Crop Group 24: Subgroup Listing Crop Subgroup 24A. Tropical and Subtropical, Small fruit, inedible peel subgroup Lychee Aisen; bael fruit; Burmese grape; cat's-eyes; ingá; longan; lychee; madras-thorn; manduro; matisia; mesquite; mongongo, fruit; pawpaw, small-�ower; satinleaf; Sierra Leone-tamarind; Spanish lime; velvet tamarind; wampi; white star apple; cultivars, varieties, and hybrids of these commodities. Crop Subgroup 24B. Tropical and Subtropical, Medium to large fruit, smooth, inedible peel subgroup Avocado, plus pomegranate or banana Abiu; akee apple; avocado; avocado, Guatemalan; avocado, Mexican; avocado, West Indian; bacury; banana; banana, dwarf; binjai; canistel; cupuacú; etambe; jatobá; kei apple; langsat; lanjut; lucuma; mabolo; mango; mango, horse; mango, Saipan; mangosteen; paho; papaya; pawpaw, common; pelipisan; pequi; pequia; persimmon, American; plantain; pomegranate; poshte; quandong; sapote, black; sapote, green; sapote, white; sataw; screw pine; star apple; tamarind-of-the-Indies; wild loquat; cultivars, varieties, and hybrids of these commodities. Crop Subgroup 24C. Tropical and Subtropical, Medium to large fruit, rough or hairy, inedible peel subgroup (iii) Table. The following Table 2 identi�es the crop subgroups for Crop Group 24, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroups Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 103/1218 Pineapple, plus atemoya or sugar apple Atemoya; biriba; breadfruit; champedak; cherimoya; custard apple; durian; elephant-apple; ilama; jackfruit; karuka; mammy-apple; marang; marmaladebox; monkey-bread tree; nicobar breadfruit; pandanus; pineapple; pulasan; rambutan; sapodilla; sapote, mamey; soncoya; soursop; sugar apple; sun sapote; cultivars, varieties, and hybrids of these commodities. Crop Subgroup 24D. Tropical and Subtropical, Cactus, inedible peel subgroup Dragon fruit and Prickly pear fruit Dragon fruit; pitahaya; pitaya; pitaya, amarilla; pitaya, roja; pitaya, yellow; prickly pear, fruit; prickly pear, Texas, fruit; saguaro; cultivars, varieties, and hybrids of these commodities. Crop Subgroup 24E. Tropical and Subtropical, Vine, inedible peel subgroup Passionfruit Granadilla; granadilla, giant; monstera; passion�ower, winged-stem; passionfruit; passionfruit, banana; passionfruit, purple; passionfruit, yellow; cultivars, varieties, and hybrids of these commodities. Table 1 - Crop Group 25: Herb Group Agrimony, fresh leaves, Agrimonia eupatoria L 25A Agrimony, dried leaves, Agrimonia eupatoria L 25B (34) Crop Group 25. Herb Group. (i) Representative commodities. Basil, dried leaves; Basil, fresh leaves; Mint, dried leaves; and Mint, fresh leaves. (ii) Commodities. The following Table 1 lists all commodities included in Crop Group 25 and identi�es the related crop subgroups. Representative commodities Commodities Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 104/1218 Amla, fresh leaves, Phyllanthus amarus Schumach 25A Amla, dried leaves, Phyllanthus amarus Schumach 25B Angelica, fresh leaves, Angelica archangelica L 25A Angelica, dried leaves, Angelica archangelica L 25B Angelica, dahurian, fresh leaves, Angelica dahurica (Hoffm.) Benth & Hook. F. ex Franch. & Sav 25A Angelica, dahurian, dried leaves, Angelica dahurica (Hoffm.) Benth & Hook. F. ex Franch. & Sav 25B Applemint, fresh leaves, Mentha suaveolens Ehrh 25A Applemint, dried leaves, Mentha suaveolens Ehrh 25B Avarum, fresh leaves, Senna auriculata (L.) Roxb 25A Avarum, dried leaves, Senna auriculata (L.) Roxb 25B Balloon pea, fresh leaves, Lessertia frutescens (L.) Goldblatt & J. C. Manning 25A Balloon pea, dried leaves, Lessertia frutescens (L.) Goldblatt & J. C. Manning 25B Balm, fresh leaves, Melissa o�cinalis L 25A Balm, dried leaves, Melissa o�cinalis L 25B Barrenwort, fresh leaves, Epimedium grandi�orum C. Morren 25A Barrenwort, dried leaves, Epimedium grandi�orum C. Morren 25B Basil, fresh leaves, Ocimum basilicum L 25A Basil, dried leaves, Ocimum basilicum L 25B Basil, American, fresh leaves, Ocimum americanum L 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 105/1218 Basil, American, dried leaves, Ocimum americanum L 25B Basil, Greek, fresh leaves, Ocimum minimum L 25A Basil, Greek, dried leaves, Ocimum minimum L 25B Basil, holy, fresh leaves, Ocimum tenui�orum L 25A Basil, holy, dried leaves, Ocimum tenui�orum L 25B Basil, lemon, fresh leaves, Ocimum x citriodorum Vis 25A Basil, lemon, dried leaves, Ocimum x citriodorum Vis 25B Basil, Russian, fresh leaves, Ocimum gratissimum L 25A Basil, Russian, dried leaves, Ocimum gratissimum L 25B Bay, fresh leaves, Laurus nobilis L 25A Bay, dried leaves, Laurus nobilis L 25B Bearberry, fresh leaves, Arctostaphylos uva ursi (L.) Spreng 25A Bearberry, dried leaves, Arctostaphylos uva ursi (L.) Spreng 25B Bisongrass, fresh leaves, Anthoxanthum nitens (Weber) Y. Schouten & Veldkamp 25A Bisongrass, dried leaves, Anthoxanthum nitens (Weber) Y. Schouten & Veldkamp 25B Blue mallow, fresh leaves, Malva sylvestris L 25A Blue mallow, dried leaves, Malva sylvestris L 25B Boneset, fresh leaves, Eupatorium perfoliatum L 25A Boneset, dried leaves, Eupatorium perfoliatum L 25B Borage, fresh leaves, Borago o�cinalis L 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 106/1218 Borage, dried leaves, Borago o�cinalis L 25B Borage, Indian, fresh leaves, Plectranthus amboinicus (Lour.) Spreng 25A Borage, Indian, dried leaves, Plectranthus amboinicus (Lour.) Spreng 25B Burnet, fresh leaves, Sanguisorba spp 25A Burnet, dried leaves, Sanguisorba spp 25B Burnet, garden, fresh leaves, Sanguisorba o�cinalis L 25A Burnet, garden, dried leaves, Sanguisorba o�cinalis L 25B Burnet, salad, fresh leaves, Sanguisorba minor Scop 25A Burnet, salad, dried leaves, Sanguisorba minor Scop 25B Butterbur, fresh leaves, Petasites hybridus (L.) G. Gaertn. Et al., P. frigidus (L.) Fr 25A Butterbur, dried leaves, Petasites hybridus (L.) G. Gaertn. Et al., P. frigidus (L.) Fr 25B Calamint, fresh leaves, Clinopodium spp 25A Calamint, dried leaves, Clinopodium spp 25B Calamint, large-�ower, fresh leaves, Clinopodium grandi�orum (L.) Kuntze 25A Calamint, large-�ower, dried leaves, Clinopodium grandi�orum (L.) Kuntze 25B Calamint, lesser, fresh leaves, Clinopodium nepeta (L.) Kuntze 25A Calamint, lesser, dried leaves, Clinopodium nepeta (L.) Kuntze 25B Calendula, fresh leaves, Calendula o�cinalis L 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 107/1218 Calendula, dried leaves, Calendula o�cinalis L 25B Caltrop, fresh leaves, Tribulus terrestris L 25A Caltrop, dried leaves, Tribulus terrestris L 25B Camomile (Chamomile), fresh leaves, Chamaemelum spp. and Matricaria spp 25A Camomile (Chamomile), dried leaves, Chamaemelum spp. and Matricaria spp 25B Camomile (Chamomile), German, fresh leaves, Matricaria recutita L 25A Camomile (Chamomile), German, dried leaves, Matricaria recutita L 25B Camomile (Chamomile), Roman, fresh leaves, Chamaemelum nobile (L.) All 25A Camomile (Chamomile), Roman, dried leaves, Chamaemelum nobile (L.) All 25B Caraway, fresh leaves, Carum carvi L 25A Caraway, dried leaves, Carum carvi L 25B Cat's claw, fresh leaves, Uncaria tomentosa (Willd.) DC., U. guianensis (Aubl.) J. F. Gmel 25A Cat's claw, dried leaves, Uncaria tomentosa (Willd.) DC., U. guianensis (Aubl.) J. F. Gmel 25B Catnip, fresh leaves, Nepeta cataria L 25A Catnip, dried leaves, Nepeta cataria L 25B Catnip, Japanese, fresh leaves, Schizonepeta multi�da (L.) Briq 25A Catnip, Japanese, dried leaves, Schizonepeta multi�da (L.) Briq 25B Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 108/1218 Celandine, greater, fresh leaves, Chelidonium majus L 25A Celandine, greater, dried leaves, Chelidonium majus L 25B Celandine, lesser, fresh leaves, Ficaria verna Huds 25A Celandine, lesser, dried leaves, Ficaria verna Huds 25B Celery, dried leaves, Apium graveolens L. var. dulce (Mill.) DC 25B Centaury, fresh leaves, Centaurium erythrarae Rafn 25A Centaury, dried leaves, Centaurium erythrarae Rafn 25B Chaste tree, fresh leaves, Vitex agnus-castus L 25A Chaste tree, dried leaves, Vitex agnus-castus L 25B Chaste tree, Chinese, fresh leaves, Vitex negundo L 25A Chaste tree, Chinese, dried leaves, Vitex negundo L. 25B Chervil, dried leaves, Anthriscus cerefolium (L.) Hoffm 25B Chinese blackberry, fresh leaves, Rubus stipulates L.H. Bailey 25A Chinese blackberry, dried leaves, Rubus stipulates L.H. Bailey 25B Chinese foxglove, fresh leaves, Rehmannia glutinosa (Gaertn.) Steud 25A Chinese foxglove, dried leaves, Rehmannia glutinosa (Gaertn.) Steud 25B Chive, dried leaves, Allium schoenoprasum L 25B Chive, Chinese, dried leaves, Allium tuberosum Rottler ex Spreng 25B Cicely, sweet, fresh leaves, Myrrhis odorata (L.) Scop 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 109/1218 Cicely, sweet, dried leaves, Myrrhis odorata (L.) Scop 25B Cilantro, dried leaves, Coriandrum sativum L 25B Clary, fresh leaves, Salvia sclarea L 25A Clary, dried leaves, Salvia sclarea L 25B Coriander, Bolivian, fresh leaves, Porophyllum ruderale (Jacq.) Cass 25A Coriander, Bolivian, dried leaves, Porophyllum ruderale (Jacq.) Cass 25B Coriander, Vietnamese, fresh leaves, Persicaria odorata (Lour.) Sojak 25A Coriander, Vietnamese, dried leaves, Persicaria odorata (Lour.) Sojak 25B Costmary, fresh leaves, Tanacetum balsamita L. subsp. Balsamita 25A Costmary, dried leaves, Tanacetum balsamita L. subsp. Balsamita 25B Creat, fresh leaves, Andrographis paniculata (Burm. f.) Wall. Ex Nees 25A Creat, dried leaves, Andrographis paniculata (Burm. f.) Wall. Ex Nees 25B Culantro, fresh leaves, Eryngium foetidum L 25A Culantro, dried leaves, Eryngium foetidum L 25B Curry leaf, fresh leaves, Bergera koenigii L 25A Curry leaf, dried leaves, Bergera koenigii L 25B Curryplant, fresh leaves, Helichrysum italicum (Roth) G. Don 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 110/1218 Curryplant, dried leaves, Helichrysum italicum (Roth) G. Don 25B Cut leaf, fresh leaves, Prostanthera incisa R. Br 25A Cut leaf, dried leaves, Prostanthera incisa R. Br 25B Damiana, fresh leaves, Turnera diffusa Willd 25A Damiana, dried leaves, Turnera diffusa Willd 25B Dillweed, dried leaves, Anethum graveolens L 25B Dokudami, fresh leaves, Houttuynia cordata Thunb 25A Dokudami, dried leaves, Houttuynia cordata Thunb 25B Echinacea, fresh leaves, Echinacea angustifolia DC., Echinacea spp 25A Echinacea, dried leaves, Echinacea angustifolia DC., Echinacea spp 25B Epazote, fresh leaves, Dysphania ambrosioides (L.) Mosyakin & Clemants 25A Epazote, dried leaves, Dysphania ambrosioides (L.) Mosyakin & Clemants 25B Eucommia, fresh leaves, Eucommia ulmoides Oliv 25A Eucommia, dried leaves, Eucommia ulmoides Oliv 25B Evening primrose, fresh leaves, Oenothera biennis L 25A Evening primrose, dried leaves, Oenothera biennis L 25B Eyebright, fresh leaves, Euphrasia o�cinalis L. 25A Eyebright, dried leaves, Euphrasia o�cinalis L. 25B Fennel, common, fresh leaves, Foeniculum vulgare Mill. subsp. vulgare var. vulgare 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 111/1218 Fennel, common, dried leaves, Foeniculum vulgare Mill. subsp. vulgare var. vulgare 25B Fennel, Florence, dried leaves, Foeniculum vulgare Mill. subsp. vulgare var. azoricum (Mill.) Thell 25B Fennel, Spanish, fresh leaves, Nigella spp 25A Fennel, Spanish, dried leaves, Nigella spp 25B Fenugreek, fresh leaves, Trigonella foenum-graecum L 25A Fenugreek, dried leaves, Trigonella foenum-graecum L 25B Feverfew, fresh leaves, Tanacetum parthenium (L.) Sch. Bip 25A Feverfew, dried leaves, Tanacetum parthenium (L.) Sch. Bip 25B Field pennycress, fresh leaves, Thlaspi arvense L 25A Field pennycress, dried leaves, Thlaspi arvense L 25B Flowers, edible, fresh, multiple species 25A Flowers, edible, dried, multiple species 25B Fumitory, fresh leaves, Fumaria o�cinalis L 25A Fumitory, dried leaves, Fumaria o�cinalis L 25B Galbanum, fresh leaves, Ferula gummosa Boiss 25A Galbanum, dried leaves, Ferula gummosa Boiss 25B Galega, fresh leaves, Galega o�cinalis L 25A Galega, dried leaves, Galega o�cinalis L 25B Gambir, fresh leaves, Uncaria gambir (W. Hunter) Roxb 25A Gambir, dried leaves, Uncaria gambir (W. Hunter) Roxb 25B Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 112/1218 Geranium, fresh leaves, Pelargonium spp. 25A Geranium, dried leaves, Pelargonium spp 25B Geranium, lemon, fresh leaves, Pelargonium crispum (P. J. Bergius) L'Her 25A Geranium, lemon, dried leaves, Pelargonium crispum (P. J. Bergius) L'Her 25B Geranium, rose, fresh leaves, Pelargonium graveolens L'Her 25A Geranium, rose, dried leaves, Pelargonium graveolens L'Her 25B Germander, golden, fresh leaves, Teucrium polium L 25A Germander, golden, dried leaves, Teucrium polium L 25B Goldenrod, European, fresh leaves, Solidago virgaurea Scop 25A Goldenrod, European, dried leaves, Solidago virgaurea Scop 25B Goldenseal, fresh leaves, Hydrastis canadensis L 25A Goldenseal, dried leaves, Hydrastis canadensis L 25B Gotu kola, fresh leaves, Centella asiatica (L.) Urb 25A Gotu kola, dried leaves, Centella asiatica (L.) Urb 25B Greater periwinkle, fresh leaves, Vinca major L 25A Greater periwinkle, dried leaves, Vinca major L 25B Guayusa, fresh leaves, Ilex guayusa Loes 25A Guayusa, dried leaves, Ilex guayusa Loes 25B Gumweed, fresh leaves, Grindelia camporum Greene 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 113/1218 Gumweed, dried leaves, Grindelia camporum Greene 25B Gymnema, fresh leaves, Gymnema sylvestre (Retz.) Schult 25A Gymnema, dried leaves, Gymnema sylvestre (Retz.) Schult 25B Gypsywort, fresh leaves, Lycopus europaeus L 25A Gypsywort, dried leaves, Lycopus europaeus L 25B Hawthorn, fresh leaves, Crataegus monogyna Jacq.; Crataegus spp 25A Hawthorn, dried leaves, Crataegus monogyna Jacq.; Crataegus spp 25B Heal-all, fresh leaves, Prunella vulgaris L 25A Heal-all, dried leaves, Prunella vulgaris L 25B Hemp nettle, fresh leaves, Galeopsis segetum Neck., Galeopsis spp 25A Hemp nettle, dried leaves, Galeopsis segetum Neck., Galeopsis spp 25B Honewort, fresh leaves, Cryptotaenia canadensis (L.) DC 25A Honewort, dried leaves, Cryptotaenia canadensis (L.) DC 25B Honeybush, fresh leaves, Cyclopia genistoides (L.) R. Br 25A Honeybush, dried leaves, Cyclopia genistoides (L.) R. Br 25B Horehound, fresh leaves, Marrubium vulgare L 25A Horehound, dried leaves, Marrubium vulgare L 25B Horsemint, fresh leaves, Mentha longifolia (L.) Huds 25A Horsemint, dried leaves, Mentha longifolia (L.) Huds 25B Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 114/1218 Horsetail, fresh leaves, Equisetum arvense L, E. ttelmateia Ehrh 25A Horsetail, dried leaves, Equisetum arvense L, E. ttelmateia Ehrh 25B Hyssop, fresh leaves, Hyssopus o�cinalis L 25A Hyssop, dried leaves, Hyssopus o�cinalis L 25B Hyssop, anise, fresh leaves, Agastache foeniculum (Pursh) Kuntze 25A Hyssop, anise, dried leaves, Agastache foeniculum (Pursh) Kuntze 25B Indian tobacco, fresh leaves, Lobelia in�ata L 25A Indian tobacco, dried leaves, Lobelia in�ata L 25B Ironwort, fresh leaves, Sideritis scardica Griseb., Sideritis spp 25A Ironwort, dried leaves, Sideritis scardica Griseb., Sideritis spp 25B Ivy, fresh leaves, Hedera helix L 25A Ivy, dried leaves, Hedera helix L 25B Jamaica dogwood, fresh leaves, Piscidia piscipula (L.) Sarg 25A Jamaica dogwood, dried leaves, Piscidia piscipula (L.) Sarg 25B Jasmine, dried leaves, Jasminum o�cinale L., J. odoratissimum L 25B Jasmine, fresh leaves, Jasminum o�cinale L., J. odoratissimum L 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 115/1218 Labrador tea, fresh leaves, Rhododendron groenlandicum (Oeder) Kron & Judd, R. tomentosum Harmaja 25A Labrador tea, dried leaves, Rhododendron groenlandicum (Oeder) Kron & Judd, R. tomentosum Harmaja 25B Lavender, fresh leaves, Lavandula angustifolia Mill 25A Lavender, dried leaves, Lavandula angustifolia Mill 25B Lemon verbena, fresh leaves, Aloysia citrodora Palau 25A Lemon verbena, dried leaves, Aloysia citrodora Palau 25B Lemongrass, fresh leaves, Cymbopogon citratus (DC.) Stapf 25A Lemongrass, dried leaves, Cymbopogon citratus (DC.) Stapf 25B Lovage, fresh leaves, Levisticum o�cinale W.D.J. Koch 25A Lovage, dried leaves, Levisticum o�cinale W.D.J. Koch 25B Love-in-a-mist, fresh leaves, Nigella damascena L 25A Love-in-a-mist, dried leaves, Nigella damascena L 25B Mamaki, fresh leaves, Pipturus arborescens (Link) C. B. Rob 25A Mamaki, dried leaves, Pipturus arborescens (Link) C. B. Rob 25B Marigold, fresh leaves, Tagetes spp 25A Marigold, dried leaves, Tagetes spp 25B Marigold, African, fresh leaves, Tagetes erecta L 25A Marigold, African, dried leaves, Tagetes erecta L 25B Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 116/1218 Marigold, Aztec, fresh leaves, Tagetes minuta L 25A Marigold, Aztec, dried leaves, Tagetes minuta L 25B Marigold, French, fresh leaves, Tagetes patula L 25A Marigold, French, dried leaves, Tagetes patula L 25B Marigold, Irish lace, fresh leaves, Tagetes �lifolia Lag 25A Marigold, Irish lace, dried leaves, Tagetes �lifolia Lag 25B Marigold, licorice, fresh leaves, Tagetes micrantha Cav 25A Marigold, licorice, dried leaves, Tagetes micrantha Cav 25B Marigold, Mexican mint, fresh leaves, Tagetes lucida Cav 25A Marigold, Mexican mint, dried leaves, Tagetes lucida Cav 25B Marigold, signet, fresh leaves, Tagetes tenuifolia Cav 25A Marigold, signet, dried leaves, Tagetes tenuifolia Cav 25B Marjoram, fresh leaves, Origanum spp 25A Marjoram, dried leaves, Origanum spp 25B Marjoram, pot, fresh leaves, Origanum onites L 25A Marjoram, pot, dried leaves, Origanum onites L 25B Marjoram, sweet, fresh leaves, Origanum majorana L 25A Marjoram, sweet, dried leaves, Origanum majorana L 25B Marshmallow, fresh leaves, Althaea o�cinalis L 25A Marshmallow, dried leaves, Althaea o�cinalis L 25B Meadowsweet, fresh leaves, Filipendula ulmaria (L.) Maxim 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 117/1218 Meadowsweet, dried leaves, Filipendula ulmaria (L.) Maxim 25B Mint, fresh leaves, Mentha spp 25A Mint, dried leaves, Mentha spp 25B Mint, corn, fresh leaves, Mentha arvensis L 25A Mint, corn, dried leaves, Mentha arvensis L 25B Mint, Korean, fresh leaves, Agastache rugosa (Fisch. & C.A. Mey.) Kun 25A Mint, Korean, dried leaves, Agastache rugosa (Fisch. & C.A. Mey.) Kun 25B Monarda, fresh leaves, Monarda spp 25A Monarda, dried leaves, Monarda spp 25B Moringa, fresh leaves, Moringa oleifera L 25A Moringa, dried leaves, Moringa oleifera L 25B Motherwort, fresh leaves, Leonurus cardiaca L 25A Motherwort, dried leaves, Leonurus cardiaca L 25B Mountainmint, fresh leaves, Pycnanthemum spp 25A Mountainmint, dried leaves, Pycnanthemum spp 25B Mountainmint, clustered, fresh leaves, Pycnanthemum muticum (Michx.) Pers 25A Mountainmint, clustered, dried leaves, Pycnanthemum muticum (Michx.) Pers 25B Mountainmint, hoary, fresh leaves, Pycnanthemum incanum Michx 25A Mountainmint, hoary, dried leaves, Pycnanthemum incanum Michx 25B Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 118/1218 Mountainmint, Virginia, fresh leaves, Pycnanthemum virginianum (L.) T. Durand & B.D. Jacks. Ex B.L. Rob. & Fernald 25A Mountainmint, Virginia, dried leaves, Pycnanthemum virginianum (L.) T. Durand & B.D. Jacks. ex B.L. Rob. & Fernald 25B Mountainmint, whorled, fresh leaves, Pycnanthemum verticillatum (Michx.) Pers 25A Mountainmint, whorled, dried leaves, Pycnanthemum verticillatum (Michx.) Pers 25B Mugwort, fresh leaves, Artemisia vulgaris L 25A Mugwort, dried leaves, Artemisia vulgaris L 25B Mulberry, white, fresh leaves, Morus alba L 25A Mulberry, white, dried leaves, Morus alba L 25B Mullein, fresh leaves, Verbascum densi�orum Bertol., Verbascum spp 25A Mullein, dried leaves, Verbascum densi�orum Bertol., Verbascum spp 25B Mustard, hedge, fresh leaves, Sisymbrium o�cinale (L.) Scop 25A Mustard, hedge, dried leaves, Sisymbrium o�cinale (L.) Scop 25B Nasturtium, fresh leaves, Tropaeolum spp 25A Nasturtium, dried leaves, Tropaeolum spp 25B Nasturtium, bush, fresh leaves, Tropaeolum minus L 25A Nasturtium, bush, dried leaves, Tropaeolum minus L 25B Nasturtium, garden, fresh leaves, Tropaeolum majus L 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 119/1218 Nasturtium, garden, dried leaves, Tropaeolum majus L 25B Nettle, stinging, fresh leaves, Urtica dioica L 25A Nettle, stinging, dried leaves, Urtica dioica L 25B Oregano, fresh leaves, Origanum vulgare L 25A Oregano, dried leaves, Origanum vulgare L 25B Oregano, Mexican, fresh leaves, Lippia graveolens Kunth 25A Oregano, Mexican, dried leaves, Lippia graveolens Kunth 25B Oregano, Puerto Rico, fresh leaves, Lippia micromera Schauer 25A Oregano, Puerto Rico, dried leaves, Lippia micromera Schauer 25B Oswego tea, fresh leaves, Monarda didyma L 25A Oswego tea, dried leaves, Monarda didyma L 25B Pandan leaf, fresh leaves, Pandanus amaryllifolius Roxb 25A Pandan leaf, dried leaves, Pandanus amaryllifolius Roxb 25B Pansy, fresh leaves, Viola tricolor L 25A Pansy, dried leaves, Viola tricolor L 25B Paracress, fresh leaves, Acmella oleracea (L.) R.K. Jansen 25A Paracress, dried leaves, Acmella oleracea (L.) R.K. Jansen 25B Parsley, dried leaves, Petroselinum crispum (Mill.) Fuss 25B Partridge berry, fresh leaves, Mitchella repens L 25A Partridge berry, dried leaves, Mitchella repens L 25B Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 120/1218 Patchouli, fresh leaves, Pogostemon cablin (Blanco) Benth 25A Patchouli, dried leaves, Pogostemon cablin (Blanco) Benth 25B Pennyroyal, fresh leaves, Mentha pulegium L 25A Pennyroyal, dried leaves, Mentha pulegium L 25B Pepper leaf, black, fresh leaves, Piper nigrum L 25A Pepper leaf, black, dried leaves, Piper nigrum L 25B Peppermint, fresh leaves, Mentha X piperita L 25A Peppermint, dried leaves, Mentha X piperita L 25B Perilla, fresh leaves, Perilla frutescens (L.) Britton 25A Perilla, dried leaves, Perilla frutescens (L.) Britton 25B Pill bearing spurge, fresh leaves, Euphorbia hirta L 25A Pill bearing spurge, dried leaves, Euphorbia hirta L 25B Pipsissewa, fresh leaves, Chimaphila umbellata (L.) W. P. C. Barton 25A Pipsissewa, dried leaves, Chimaphila umbellata (L.) W. P. C. Barton 25B Plantain, common, fresh leaves, Plantago major L 25A Plantain, common, dried leaves, Plantago major L 25B Rooibos, fresh leaves, Aspalathus linearis (Burm. f.) R. Dahlgren 25A Rooibos, dried leaves, Aspalathus linearis (Burm. f.) R. Dahlgren 25B Rose, fresh leaves, Rosa spp 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 121/1218 Rose, dried leaves, Rosa spp 25B Rosemary, fresh leaves, Rosmarinus o�cinalis L 25A Rosemary, dried leaves, Rosmarinus o�cinalis L 25B Sage, fresh leaves, Salvia o�cinalis L 25A Sage, dried leaves, Salvia o�cinalis L 25B Sage, Greek, fresh leaves, Salvia fruticosa Mill 25A Sage, Greek, dried leaves, Salvia fruticosa Mill 25B Sage, Spanish, fresh leaves, Salvia lavandulifolia Vahl 25A Sage, Spanish, dried leaves, Salvia lavandulifolia Vahl 25B Sage, white, fresh leaves, Salvia apiana Jeps 25A Sage, white, dried leaves, Salvia apiana Jeps 25B Savory, summer, fresh leaves, Satureja hortensis L 25A Savory, summer, dried leaves, Satureja hortensis L 25B Savory, winter, fresh leaves, Satureja montana L 25A Savory, winter, dried leaves, Satureja montana L. 25B Senna, fresh leaves, Senna alexandrina Mill 25A Senna, dried leaves, Senna alexandrina Mill 25B Siberian �r, fresh leaves, Abies sibirica Ledeb 25A Siberian �r, dried leaves, Abies sibirica Ledeb 25B Skullcap, fresh leaves, Scutellaria lateri�ora L 25A Skullcap, dried leaves, Scutellaria lateri�ora L 25B Small �ower willow head, fresh leaves, Epilobium parvi�orum Schreb 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 122/1218 Small �ower willow head, dried leaves, Epilobium parvi�orum Schreb 25B Sorrel, fresh leaves, Rumex spp 25A Sorrel, dried leaves, Rumex spp 25B Sorrel, French, fresh leaves, Rumex scutatus L 25A Sorrel, French, dried leaves, Rumex scutatus L 25B Sorrel, garden, fresh leaves, Rumex acetosa L 25A Sorrel, garden, dried leaves, Rumex acetosa L 25B Southernwood, fresh leaves, Artemisia abrotanum L 25A Southernwood, dried leaves, Artemisia abrotanum L 25B Spearmint, fresh leaves, Mentha spicata L 25A Spearmint, dried leaves, Mentha spicata L 25B Spearmint, Scotch, fresh leaves, Mentha x gracilis Sole 25A Spearmint, Scotch, dried leaves, Mentha x gracilis Sole 25B Spilanthes, fresh leaves, Blainvillea acmella (L.) Philipson 25A Spilanthes, dried leaves, Blainvillea acmella (L.) Philipson 25B Spotted beebalm, fresh leaves, Monarda punctata L 25A Spotted beebalm, dried leaves, Monarda punctata L 25B St John's Wort, fresh leaves, Hypericum perforatum L 25A St John's Wort, dried leaves, Hypericum perforatum L 25B Stevia, fresh leaves, Stevia rebaudiana (Bertoni) Bertoni 25A Stevia, dried leaves, Stevia rebaudiana (Bertoni) Bertoni 25B Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 123/1218 Stoneroot, fresh leaves, Collinsonia canadensis L 25A Stoneroot, dried leaves, Collinsonia canadensis L 25B Swamp leaf, fresh leaves, Limnophila chinensis (Osbeck) Merr 25A Swamp leaf, dried leaves, Limnophila chinensis (Osbeck) Merr 25B Tansy, fresh leaves, Tanacetum vulgare L 25A Tansy, dried leaves, Tanacetum vulgare L 25B Tarragon, fresh leaves, Artemisia dracunculus L 25A Tarragon, dried leaves, Artemisia dracunculus L 25B Thuja, fresh leaves, Thuja occidentalis L 25A Thuja, dried leaves, Thuja occidentalis L 25B Thyme, fresh leaves, Thymus spp 25A Thyme, dried leaves, Thymus spp 25B Thyme, creeping, fresh leaves, Thymus serpyllum L 25A Thyme, creeping, dried leaves, Thymus serpyllum L 25B Thyme, lemon, fresh leaves, Thymus ×citriodorus (Pers.) Schreb 25A Thyme, lemon, dried leaves, Thymus ×citriodorus (Pers.) Schreb 25B Thyme, mastic, fresh leaves, Thymus mastichina (L.) L 25A Thyme, mastic, dried leaves, Thymus mastichina (L.) L 25B Toon, Chinese, fresh leaves, Toona sinensis (A. Juss.) M. Roem 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 124/1218 Toon, Chinese, dried leaves, Toona sinensis (A. Juss.) M. Roem 25B Toothed clubmoss, fresh leaves, Huperzia serrata (Thunb.) Trevis 25A Toothed clubmoss, dried leaves, Huperzia serrata (Thunb.) Trevis 25B Trailing arbutus, fresh leaves, Epigaea repens L 25A Trailing arbutus, dried leaves, Epigaea repens L 25B Vasaka, fresh leaves, Justicia adhatoda L 25A Vasaka, dried leaves, Justicia adhatoda L. 25B Verbena, blue, fresh leaves, Verbena hastata L 25A Verbena, blue, dried leaves, Verbena hastata L 25B Veronica, fresh leaves, Veronica o�cinalis L 25A Veronica, dried leaves, Veronica o�cinalis L 25B Violet, fresh leaves, Viola odorata L 25A Violet, dried leaves, Viola odorata L 25B Watermint, fresh leaves, Mentha aquatica L 25A Watermint, dried leaves, Mentha aquatica L 25B Waterpepper, fresh leaves, Persicaria hydropiper (L.) Delarbre 25A Waterpepper, dried leaves, Persicaria hydropiper (L.) Delarbre 25B Wild bergamot, fresh leaves, Monarda �stulosa L 25A Wild bergamot, dried leaves, Monarda �stulosa L 25B Wintergreen, fresh leaves, Gaultheria procumbens L 25A Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 125/1218 Wintergreen, dried leaves, Gaultheria procumbens L 25B Wood betony, fresh leaves, Stachys o�cinalis (L.) Trevis 25A Wood betony, dried leaves, Stachys o�cinalis (L.) Trevis 25B Woodruff, fresh leaves, Galium odoratum (L.) Scop 25A Woodruff, dried leaves, Galium odoratum (L.) Scop 25B Wormwood, fresh leaves, Artemisia absinthium L. 25A Wormwood, dried leaves, Artemisia absinthium L 25B Wormwood, Roman, fresh leaves, Artemisia pontica L 25A Wormwood, Roman, dried leaves, Artemisia pontica L 25B Yarrow, fresh leaves, Achillea millefolium L 25A Yarrow, dried leaves, Achillea millefolium L 25B Yellow gentian, fresh leaves, Gentiana lutea L 25A Yellow gentian, dried leaves, Gentiana lutea L 25B Yerba santa, fresh leaves, Eriodictyon californicum (Hook. & Arn.) Torr 25A Yerba santa, dried leaves, Eriodictyon californicum (Hook. & Arn.) Torr 25B Yomogi, fresh leaves, Artemisia princeps L 25A Yomogi, dried leaves, Artemisia princeps L 25B Cultivars, varieties, and hybrids of these commodities Table 2 - Crop Group 25: Subgroup Listing (iii) Crop subgroups. The following Table 2 identi�es the crop subgroups for Crop Group 25, speci�es the representative commodities for each subgroup, and lists all the commodities included in each subgroup. Commodities Related crop subgroup 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 126/1218 Crop subgroup 25A. Herb fresh leaves subgroup Basil, fresh leaves and mint, fresh leaves Agrimony, fresh leaves; Amla, fresh leaves; Angelica, fresh leaves; Angelica, dahurian, fresh leaves; Applemint, fresh leaves; Avarum, fresh leaves; Balloon pea, fresh leaves; Balm, fresh leaves; Barrenwort, fresh leaves; Basil, fresh leaves; Basil, American, fresh leaves; Basil, Greek, fresh leaves; Basil, holy, fresh leaves; Basil, lemon, fresh leaves; Basil, Russian, fresh leaves; Bay, fresh leaves; Bearberry, fresh leaves; Bisongrass, fresh leaves; Blue mallow, fresh leaves; Boneset, fresh leaves; Borage, fresh leaves; Borage, Indian, fresh leaves; Burnet, fresh leaves; Burnet, garden, fresh leaves; Burnet, salad, fresh leaves; Butterbur, fresh leaves; Calamint, fresh leaves; Calamint, large-�ower, fresh leaves; Calamint, lesser, fresh leaves; Calendula, fresh leaves; Caltrop, fresh leaves; Camomile (Chamomile), fresh leaves; Camomile (Chamomile), German, fresh leaves; Camomile (Chamomile), Roman, fresh leaves; Caraway, fresh leaves; Cat's claw, fresh leaves; Catnip, fresh leaves; Catnip, Japanese, fresh leaves; Celandine, greater, fresh leaves; Celandine, lesser, fresh leaves; Centaury, fresh leaves; Chaste tree, fresh leaves; Chaste tree, Chinese, fresh leaves; Chinese blackberry, fresh leaves; Chinese foxglove, fresh leaves; Cicely, sweet, fresh leaves; Clary, fresh leaves; Coriander, Bolivian, fresh leaves; Coriander, Vietnamese, fresh leaves; Costmary, fresh leaves; Creat, fresh leaves; Culantro, fresh leaves; Curry leaf, fresh leaves; Curryplant, fresh leaves; Cut leaf, fresh leaves; Damiana, fresh leaves; Dokudami, fresh leaves; Echinacea, fresh leaves; Epazote, fresh leaves; Eucommia, fresh leaves; Evening primrose, fresh leaves; Eyebright, fresh leaves; Fennel, common, fresh leaves; Fennel, Spanish, fresh leaves; Fenugreek, fresh leaves; Feverfew, fresh leaves; Field pennycress, fresh leaves; Flowers, edible, fresh; Fumitory, fresh leaves; Galbanum, fresh Representative commodities Representative commodities CommoditiesCommodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 127/1218 leaves; Galega, fresh leaves; Gambir, fresh leaves; Geranium, fresh leaves; Geranium, lemon, fresh leaves; Geranium, rose, fresh leaves; Germander, golden, fresh leaves; Goldenrod, European, fresh leaves; Goldenseal, fresh leaves; Gotu kola, fresh leaves; Greater periwinkle, fresh leaves; Guayusa, fresh leaves; Gumweed, fresh leaves; Gymnema, fresh leaves; Gypsywort, fresh leaves; Hawthorn, fresh leaves; Heal-all, fresh leaves; Hemp nettle, fresh leaves; Honewort, fresh leaves; Honeybush, fresh leaves; Horehound, fresh leaves; Horsemint, fresh leaves; Horsetail, fresh leaves; Hyssop, fresh leaves; Hyssop, anise, fresh leaves; Indian tobacco, fresh leaves; Ironwort, fresh leaves; Ivy, fresh leaves; Jamaica dogwood, fresh leaves; Jasmine, fresh leaves; Labrador tea, fresh leaves; Lavender, fresh leaves; Lemon verbena, fresh leaves; Lemongrass, fresh leaves; Lovage, fresh leaves; Love-in-a-mist, fresh leaves; Mamaki, fresh leaves; Marigold, fresh leaves; Marigold, African, fresh leaves; Marigold, Aztec, fresh leaves; Marigold, French, fresh leaves; Marigold, Irish lace, fresh leaves; Marigold, licorice, fresh leaves; Marigold, Mexican mint, fresh leaves; Marigold, signet, fresh leaves; Marjoram, fresh leaves; Marjoram, pot, fresh leaves; Marjoram, sweet, fresh leaves; Marshmallow, fresh leaves; Meadowsweet, fresh leaves; Mint, fresh leaves; Mint, corn, fresh leaves; Mint, Korean, fresh leaves; Monarda, fresh leaves; Moringa, fresh leaves; Motherwort, fresh leaves; Mountainmint, fresh leaves; Mountainmint, clustered, fresh leaves; Mountainmint, hoary, fresh leaves; Mountainmint, Virginia, fresh leaves; Mountainmint, whorled, fresh leaves; Mugwort, fresh leaves; Mulberry, white, fresh leaves; Mullein, fresh leaves; Mustard, hedge, fresh leaves; Nasturtium, fresh leaves; Nasturtium, bush, fresh leaves; Nasturtium, garden, fresh leaves; Nettle, stinging, fresh leaves; Oregano, fresh leaves; Oregano, Mexican, fresh leaves; Oregano, Puerto Rico, fresh leaves; Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 128/1218 Oswego tea, fresh leaves; Pandan leaf, fresh leaves; Pansy, fresh leaves; Paracress, fresh leaves; Partridge berry, fresh leaves; Patchouli, fresh leaves; Pennyroyal, fresh leaves; Pepper leaf, black, fresh leaves; Peppermint, fresh leaves; Perilla, fresh leaves; Pill bearing spurge, fresh leaves; Pipsissewa, fresh leaves; Plantain, common, fresh leaves; Rooibos, fresh leaves; Rose, fresh leaves; Rosemary, fresh leaves; Sage, fresh leaves; Sage, Greek, fresh leaves; Sage, Spanish, fresh leaves; Sage, white, fresh leaves; Savory, summer, fresh leaves; Savory, winter, fresh leaves; Senna, fresh leaves; Siberian �r, fresh leaves; Skullcap, fresh leaves; Small �ower willow head, fresh leaves; Sorrel, fresh leaves; Sorrel, French, fresh leaves; Sorrel, garden, fresh leaves; Southernwood, fresh leaves; Spearmint, fresh leaves; Spearmint, Scotch, fresh leaves; Spilanthes, fresh leaves; Spotted beebalm, fresh leaves; St. John's Wort, fresh leaves; Stevia, fresh leaves; Stoneroot, fresh leaves; Swamp leaf, fresh leaves; Tansy, fresh leaves; Tarragon, fresh leaves; Thuja, fresh leaves; Thyme, fresh leaves; Thyme, creeping, fresh leaves; Thyme, lemon, fresh leaves; Thyme, mastic, fresh leaves; Toon, Chinese, fresh leaves; Toothed clubmoss, fresh leaves; Trailing arbutus, fresh leaves; Vasaka, fresh leaves; Verbena, blue, fresh leaves; Veronica, fresh leaves; Violet, fresh leaves; Watermint, fresh leaves; Waterpepper, fresh leaves; Wild bergamot, fresh leaves; Wintergreen, fresh leaves; Wood betony, fresh leaves; Woodruff, fresh leaves; Wormwood, fresh leaves; Wormwood, Roman, fresh leaves; Yarrow, fresh leaves; Yellow gentian, fresh leaves; Yerba santa, fresh leaves; Yomogi, fresh leaves; Cultivars, varieties, and hybrids of these commodities. Crop subgroup 25B. Herb dried leaves subgroup Basil, dried leaves and Agrimony, dried leaves; Amla, dried leaves; Angelica, dried leaves; Angelica, dahurian, dried Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 129/1218 mint, dried leaves leaves; Applemint, dried leaves; Avarum, dried leaves; Balloon pea, dried leaves; Balm, dried leaves; Barrenwort, dried leaves; Basil, dried leaves; Basil, American, dried leaves; Basil, Greek, dried leaves; Basil, holy, dried leaves; Basil, lemon, dried leaves; Basil, Russian, dried leaves; Bay, dried leaves; Bearberry, dried leaves; Bisongrass, dried leaves; Blue mallow, dried leaves; Boneset, dried leaves; Borage, dried leaves; Borage, Indian, dried leaves; Burnet, dried leaves; Burnet, garden, dried leaves; Burnet, salad, dried leaves; Butterbur, dried leaves; Calamint, dried leaves; Calamint, large �ower, dried leaves; Calamint, lesser, dried leaves; Calendula, dried leaves; Caltrop, dried leaves; Camomile (Chamomile), dried leaves; Camomile (Chamomile), German, dried leaves; Camomile (Chamomile), Roman, dried leaves; Caraway, dried leaves; Cat's claw, dried leaves; Catnip, dried leaves; Catnip, Japanese, dried leaves; Celandine, greater, dried leaves; Celandine, lesser, dried leaves; Celery, dried leaves; Centaury, dried leaves; Chaste tree, dried leaves; Chaste tree, Chinese, dried leaves; Chervil, dried leaves; Chinese blackberry, dried leaves; Chinese foxglove, dried leaves; Chive, dried leaves; Chive, Chinese, dried leaves; Cicely, sweet, dried leaves; Cilantro, dried leaves; Clary, dried leaves; Coriander, Bolivian, dried leaves; Coriander, Vietnamese, dried leaves; Costmary, dried leaves; Creat, dried leaves; Culantro, dried leaves; Curry leaf, dried leaves; Curryplant, dried leaves; Cut leaf, dried leaves; Damiana, dried leaves; Dillweed, dried leaves; Dokudami, dried leaves; Echinacea, dried leaves; Epazote, dried leaves; Eucommia, dried leaves; Evening primrose, dried leaves; Eyebright, dried leaves; Fennel, common, dried leaves; Fennel, Florence, dried leaves; Fenugreek, dried leaves; Feverfew, dried leaves; Field pennycress, dried leaves; Flowers, edible, dried; Fumitory, dried leaves; Galbanum, dried leaves; Galega, dried leaves; Gambir, dried leaves; Geranium, dried Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 130/1218 leaves; Geranium, lemon, dried leaves; Geranium, rose, dried leaves; Germander, golden, dried leaves; Goldenrod, European, dried leaves; Goldenseal, dried leaves; Gotu kola, dried leaves; Greater periwinkle, dried leaves; Guayusa, dried leaves; Gumweed, dried leaves; Gymnema, dried leaves; Gypsywort, dried leaves; Hawthorn, dried leaves; Heal-all, dried leaves; Hemp nettle, dried leaves; Honewort, dried leaves; Honeybush, dried leaves; Horehound, dried leaves; Horsemint, dried leaves; Horsetail, dried leaves; Hyssop, dried leaves; Hyssop, anise, dried leaves; Indian tobacco, dried leaves; Ironwort, dried leaves; Ivy, dried leaves; Jamaica dogwood, dried leaves; Jasmine, dried leave; Labrador tea, dried leaves; Lavender, dried leaves; Lemon verbena, dried leaves; Lemongrass, dried leaves; Lovage, dried leaves; Love-in-a-mist, dried leaves; Mamaki, dried leaves; Marigold, dried leaves; Marigold, African, dried leaves; Marigold, Aztec, dried leaves; Marigold, French, dried leaves; Marigold, Irish lace, dried leaves; Marigold, licorice, dried leaves; Marigold, Mexican mint, dried leaves; Marigold, signet, dried leaves; Marjoram, dried leaves; Marjoram, sweet, dried leaves; Marshmallow, dried leaves; Meadowsweet, dried leaves; Mint, dried leaves; Mint, corn, dried leaves; Mint, Korean, dried leaves; Monarda, dried leaves; Moringa, dried leaves; Motherwort, dried leaves; Mountainmint, dried leaves; Mountainmint, clustered, dried leaves; Mountainmint, hoary, dried leaves; Mountainmint, Virginia, dried leaves; Mountainmint, whorled, dried leaves; Mugwort, dried leaves; Mulberry, white, dried leaves; Mullein, dried leaves; Mustard, hedge, dried leaves; Nasturtium, dried leaves; Nasturtium, bush, dried leaves; Nasturtium, garden, dried leaves; Nettle, stinging, dried leaves; Oregano, dried leaves; Oregano, Mexican, dried leaves; Oregano, Puerto Rico, dried leaves; Oswego tea, dried leaves; Pandan leaf, dried leaves; Pansy, dried leaves; Paracress, dried leaves; Parsley, dried leaves; Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 131/1218 Partridge berry, dried leaves; Patchouli, dried leaves; Pennyroyal, dried leaves; Pepper leaf, black, dried leaves; Peppermint, dried leaves; Perilla, dried leaves; Pill bearing spurge, dried leaves; Pipsissewa, dried leaves; Plantain, common, dried leaves; Rooibos, dried leaves; Rose, dried leaves; Rosemary, dried leaves; Sage, dried leaves; Sage, Greek, dried leaves; Sage, Spanish, dried leaves; Sage, white, dried leaves; Savory, summer, dried leaves; Savory, winter, dried leaves; Senna, dried leaves; Siberian �r, dried leaves; Skullcap, dried leaves; Small �ower willow head, dried leaves; Sorrel, dried leaves; Sorrel, French, dried leaves; Sorrel, garden, dried leaves; Southernwood, dried leaves; Spearmint, dried leaves; Spearmint, Scotch, dried leaves; Spilanthes, dried leaves; Spotted beebalm, dried leaves; St. John's Wort, dried leaves; Stevia, dried leaves; Stoneroot, dried leaves; Swamp leaf, dried leaves; Tansy, dried leaves; Tarragon, dried leaves; Thuja, dried leaves; Thyme, dried leaves; Thyme, creeping, dried leaves; Thyme, lemon, dried leaves; Thyme, mastic, dried leaves; Toon, Chinese, dried leaves; Toothed clubmoss, dried leaves; Trailing arbutus, dried leaves; Vasaka, dried leaves; Verbena, blue, dried leaves; Veronica, dried leaves; Violet, dried leaves; Watermint, dried leaves; Waterpepper, dried leaves; Wintergreen, dried leaves; Wood betony, dried leaves; Woodruff, dried leaves; Wormwood, dried leaves; Wormwood, Roman, dried leaves; Yarrow, dried leaves; Yellow gentian, dried leaves; Yerba santa, dried leaves; Yomogi, dried leaves; Fennel, Spanish, dried leaves; Marjoram, pot, dried leaves; Wild bergamot, dried leaves; Cultivars, varieties, and hybrids of these commodities. (35) Crop Group 26. Spice Group. (i) Representative commodities. Dill seed or Celery seed. (ii) Commodities. The following Table 3 lists all commodities included in Crop Group 26. Representative commodities Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 132/1218 Table 1 - Crop Group 26: Spice Group Ajowan, seed, Trachyspermum ammi (L.) Sprague ex Turrill. Alder buckhorn, Frangula alnus Mill. Allspice, Pimenta dioica (L.) Merr. Ambrette, seed, Abelmoschus esculentus (L.) Moench. Amla, seed, Phyllanthus amarus Schumach. Angelica, dahurian, seed, Angelica dahurica (Hoffm.) Benth. & Hook. F. ex Franch. & Sav. Angelica, seed, Angelica archangelica L. Angostura, bark, Angostura trifoliata (Willd.) T. S. Elias. Anise pepper, Zanthoxylum piperitum (L.) DC. Anise, seed, Pimpinella anisum L. Anise, star, Illicium verum Hook. f. Annatto, seed, Bixa orellana L. Asafoetida, Ferula assa-foetida L. Ashwagandha, fruit, Withania somnifera (L.) Dunal. Autumn crocus, Colchicum autumnale L. Balsam, Peruvian, Myroxylon balsamum (L.) Harms var. pereirae (Royle) Harms. Barberry, bark, Morella cerifera L. Batavia-cassia, bark, Cinnamomum burmanni (Nees & T. Nees) Blume. Batavia-cassia, fruit, Cinnamomum burmanni (Nees & T. Nees) Blume. Belleric myrobalan, Terminalia bellirica (Gaertn.) Roxb. Betel vine, Piper betle L. Birch, bark, Betula spp. Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 133/1218 Bisnaga, seed, Ammi visnaga (L.) Lam. Bitterwood, Picrasma excelsa (Sw.) Planch. Black bread weed, Nigella arvensis L. Bloodroot, Sanguinaria canadensis L. Blue mallee, Eucalyptus polybractea R. T. Baker. Blushwood, seed, Fontainea picrosperma L. Boldo, leaf, Peumus boldus Molina. Buchu, Agathosma betulina (P. J. Bergius) Pillans. Calamus root, Acorus calamus L. Candlebush, Senna alata (L.) Roxb. Canella, bark, Canella winterana (L.) Gaertn. Caper buds, Capparis spinosa L. Caper spurge, seed, Euphorbia lathyrus L. Caraway, black, Nigella sativa L. Caraway, fruit, Carum carvi L. Cardamom, black, Amomum spp. Cardamom, Ethiopian, Aframomum corrorima (A. Braun) P. C. M. Jansen. Cardamom, green, Elettaria cardamomum (L.) Maton. Cardamom, Nepal, Amomum subulatum Roxb., A. aromaticum Roxb. Cardamom-amomum, Amomum compactum Sol. ex Maton. Cascara sagrada, Frangula purshiana (DC.) A. Gray. Cassia, bark, Cinnamomum spp. Cassia, Chinese, bark, Cinnamomum aromaticum Nees. Cassia, Chinese, fruit, Cinnamomum aromaticum Nees. Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 134/1218 Cassia, fruit, Cinnamomum spp. Cat's claw, bark, Uncaria tomentosa (Willd.) DC., U. guianensis (Aubl.) J. F. Gmel. Catechu, bark, Senegalia catechu (L.f.) P. J. H. Hurter & Mabb. Celery, seed, Apium graveolens var. dulce (Mill.) Pers. Chaste tree, berry, Vitex agnus-castus L. Chaste tree, Chinese, roots, Vitex negundo L. Chervil, seed, Anthriscus cerefolium (L.) Hoffm. Chinese hawthorn, Crataegus pinnati�da Bunge. Chinese nutmeg tree, Torreya grandis Fortune. Chinese wineberry, fruit, Aristotelia chilensis (Molina) Stuntz. Chinese-pepper, Zanthoxylum simulans Hance. Cinnamon, bark, Cinnamomum verum J. Presl. Cinnamon, fruit, Cinnamomum verum J. Presl. Cinnamon, Saigon, bark, Cinnamomum loureiroi Nees. Cinnamon, Saigon, fruit, Cinnamomum loureiroi Nees. Clove buds, Syzygium aromaticum (L.) Merr. & L.M. Perry. Clusterleaf, Terminalia sericea Burch. ex DC. Comfrey, Symphytum o�cinale L., Symphytum spp. Copaiba, Copaifera o�cinalis (Jacq.) L. Coptis, Coptis chinensis Franch., Coptis spp. Coriander, fruit, Coriandrum sativum L. Coriander, seed, Coriandrum sativum L. Cotton, bark, Gossypium hirsutum L. Crampbark, Virburnum opulus L. Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 135/1218 Cubeb, seed, Piper cubeba L. f. Culantro, seed, Eryngium foetidum L. Culvers root, Veronicastrum virginicum. Cumin, Cuminum cyminum L. Cumin, black, Bumium persicum (Boiss.) B. Fedtsch. Dill, seed, Anethum graveolens L. Dorrigo pepper, berry, Tasmannia stipitata (Vick.) A.C. Smith. Dorrigo pepper, leaf, Tasmannia stipitata (Vick.) A.C. Smith. Dragon blood, Croton lechleri Müll. Arg. Echinacea, seed, Echinacea purpurea (L.) Moench, Echinacea spp. Epimedium, Epimedium spp. Eucalyptus, Eucalyptus spp. Eucommia, bark, Eucommia ulmoides Oliv. European beech, Fagus sylvatica L. Felty germander, Teucrium polium L. Fennel �ower, seed, Nigella hispanica L. Fennel, common, fruit, Foeniculum vulgare Mill. subsp. vulgare var. vulgare. Fennel, common, seed, Foeniculum vulgare Mill. subsp. vulgare var. vulgare. Fennel, Florence, fruit, Foeniculum vulgare Mill. subsp. vulgare var. azoricum (Mill.) Thell. Fennel, Florence, seed, Foeniculum vulgare Mill. subsp. vulgare var. azoricum (Mill.) Thell. Fenugreek, seed, Trigonella foenum-graecum L. Fingerroot, Boesenbergia rotunda (L.) Mansf. Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 136/1218 Flame lily, seed, Gloriosa superba L. Frankincense, Boswellia sacra Flueck. Frankincense, Indian, Boswellia serrata Roxb. ex Colebr. Fringetree, bark, Chionathus virginicus L. Galbanum, resin, Ferula gummosa Boiss. Gambooge, Garcinia gummi-gutta (L.) N. Robson. Grains of paradise, Aframomum melegueta K. Schum. Grains of Selim, Xylopia aethiopica (Dunal) A. Rich. Guaiac, Guaiacum o�cinale L. Guarana, Paullinia cupana Kunt. Guggul, Commiphora wightii (Arn.) Bhandari. Gum arabic, Senegalia senegal (L.) Britton. Gum ghatti, Anogeissus latifolia (Roxb. ex DC.) Wall. ex Guill. & Perr. Gum karaya, Stercula urens Roxb. Gum tragacanth, Astragalus gummifer Labill. Haw, black, Viburnum prunifolium L. Honewort, seed, Cryptotaenia canadensis (L.) DC. Imperatoria, Peucedanum o�cinale L. Indian tobacco, seed, Lobelia in�ata L. Iva, Achillea erba-rotta All. subsp. moschata (Wulfen) I. Richardson. Jalap, Ipomoea purga (Wender.) Hayne. Jamaica dogwood, bark, Piscidia piscipula (L.) Sarg. Juniper berry, Juniperus communis L. Ka�r lime, leaf, Citrus hystrix DC. Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 137/1218 Kewra, Pandanus fascicularis Lam. Kokam, Garcinia indica (Thouars) Choisy. Linden, leaf, Tilia americana L. Lovage, seed, Levisticum o�cinale W.D.J. Koch. Mace, Myristica fragrans Houtt. Magnolia, bark, Magnolia o�cinalis Rehder & E. H. Wilson. Mahaleb, Prunus mahaleb L. Malabar cardamom, Amomum villosum Lour. Malabar-tamarind, Garcinia spp. Malabathrum, Cinnamomum tamala (Buch-Ham.) Nees & Eberm. Mastic, Pistacia lentiscus L. Micromeria, white, Micromeria fruticosa (L.) Druce. Milk thistle, Silybum marianum (L.) Gaertn. Mioga, Zingiber mioga (Thunb.) Roscoe. Miracle fruit, Synsepalum dulci�cum (Schumach. & Thonn.) Daniell. Mistletoe, Viscum album L. Mojave yucca, Yucca schidigera Roezl ex Ortgies. Muira puama, Croton echioides Müll. Arg. Mustard, black, Brassica nigra (L.) W.D.J. Koch. Mustard, brown, Brassica juncea (L.) Czern. var. juncea. Mustard, seed, Brassica spp. and Sinapis spp. Mustard, white, Sinapis alba L. ssp. alba. Myrrh, Commiphora myrrha (Nees) Engl., C. africana (A. Rich.) Engl. Myrrh, bisabol, Commiphora kataf (Forssk.) Engl. Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 138/1218 Myrtle, anise, Syzygium anisatum (Vickery) Craven & Biffen. Myrtle, leaf, Myrtus communis L. Myrtle, lemon, Backhousia citriodora F. Muell. Nasturtium, bush, pods, Tropaeolum minus L. Nasturtium, garden, pods, Tropaeolum majus L. Nasturtium, pods, Tropaeolum spp. Nettle, stinging, seed, Urtica dioica L. Nutmeg, Myristica fragrans Houtt. Osha, Ligusticum porteri J.M. Coult. & Rose. Pepper, black, Piper nigrum L. Pepper, Indian long, Piper longum L. Pepper, Javanese long, Piper retrofractum Vahl. Pepper, leaf, Piper auritum Kunth, P. lolot C.DC., P. sanctum (Miq.) Schltdl., P. umbellatum L. Pepper, pink, Schinus terebinthifolius Raddi. Pepper, Sichuan, Zanthoxylum spp. Pepper, white, Piper nigrum L. Pepperbush, berry, Tasmannia spp. Pepperbush, leaf, Tasmannia spp. Peppercorn, green, Piper nigrum L. Peppertree, Schinus spp. Peppertree, Peruvian, Schinus molle L. Perilla, seed, Perilla frutescens (L.) Britton. Phellodendron, Phellodendron amurense Rvpr. Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 139/1218 Pine, maritime, Pinus pinaster Aiton. Poppy, seed, Papaver somniferum L. subsp. somniferum. Prickly ash, Chinese, Zanthoxylum bungeanum Maxim. Prickly ash, Southern, bark, Zanthoxylum clava-herculis L. Pygeum, Prunus africana (Hook. f.) Kalkman. Qing hua jiao, Zanthoxylum schinifolium Siebold & Zucc. Quassia, bark, Quassia amara L., Picrasma excelsa (Sw.) Planch. Quebracho, bark, Aspidosperma quebracho-blanco Schltdl. Quillaja, Quillaja saponaria Molina. Quinine, Cinchona pubescens Vahl, Cinchona spp. Rauwol�a, bark, Rauwol�a vomitoria Afzel. Resin spurge, Euphorbia resinifera O. Berg. Rue, Ruta graveolens L. Saffron crocus, Crocus sativus L. Sandalwood, seed, Santalum album L. Sassafras, bark, Sassafras albidum (Nutt.) Nees. Sassafras, leaf, Sassafras albidum (Nutt.) Nees. Saunders, red, Pterocarpus santalinus L. f. Saw palmetto, Serenoa repens (W. Bartram) Small. Sesame, seed, Sesamum indicum L., S. radiatum Thonn. ex Hornem. Silktree, bark, Albizia julibrissin Durazz., A. lebbeck (L.) Benth. Simaruba, bark, Simarouba amara Aubl. Skunk cabbage, root, Symplocarpus foetidus (L.) Salisb. ex W. P. C. Barton. Slippery elm, Ulmus rubra Muhl. Commodities 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 140/1218 Stemona, root, Stemona sessilifolia (Miq.) Miq. Suma, Hebanthe eriantha (Poir.) Pedersen. Sumac, fragrant, Rhus aromatica Aiton. Sumac, smooth, leaf, Rhus glabra L. Taheebo, bark, Handroanthus impetiginosus (Mart. ex DC.) Mattos. Tamarind, seed, Tamarindus indica L. Tasmanian pepper, berry, Tasmannia lanceolata (Poir.) A. C. Sm. Tasmanian pepper, leaf, Tasmannia lanceolata (Poir.) A. C. Sm. Threeleaf caper, Crataeva magna (Lour.) DC. Tsaoko, Amomum tsao-ko Crevost & Lemarié. Vanilla, Vanilla planifolia Jacks. Wattleseed, Acacia spp. White willow, Salix alba L. Willow, Salix spp. Witch hazel, Hamamelis virginiana L. Yaw root, Stillingia sylvatica L. Yellow gentian, roots, Gentiana lutea L. Yohimbe, Pausinystalia johimbe (K. Schum.) Pierre. Cultivars, varieties, and hybrids of these commodities. [60 FR 26635, May 17, 1995, as amended at 72 FR 69156, 69157, Dec. 7, 2007; 73 FR 52, Jan. 2, 2008; 75 FR 76289, Dec. 8, 2010; 77 FR 50620, Aug. 22, 2012; 81 FR 26477, May 3, 2016; 85 FR 70985, Nov. 6, 2020] Subpart C - Speci�ic Tolerances Commodities https://www.federalregister.gov/citation/60-FR-26635 https://www.federalregister.gov/citation/72-FR-69156 https://www.federalregister.gov/citation/72-FR-69157 https://www.federalregister.gov/citation/73-FR-52 https://www.federalregister.gov/citation/75-FR-76289 https://www.federalregister.gov/citation/77-FR-50620 https://www.federalregister.gov/citation/81-FR-26477 https://www.federalregister.gov/citation/85-FR-70985 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 141/1218 § 180.101 Speci�ic tolerances; general provisions. § 180.103 Captan; tolerances for residues. Almond 0.25 Almond, hulls 75.0 Animal feed, nongrass, group 18 0.05 Apple 25.0 Apricot 10.0 Blueberry 20.0 Caneberry, subgroup 13A 25.0 Cherry, sweet 50.0 (a) The tolerances established for pesticide chemicals in this subpart C apply to residues resulting from their application prior to harvest or slaughter, unless otherwise stated. Tolerances are expressed in terms of parts by weight of the pesticide chemical per one million parts by weight of the raw agricultural commodity. (b) The poisonous and deleterious substances for which tolerances are established by the regulations in this subpart C are named by their common names wherever practicable, otherwise by their chemical names. (c) The analytical methods to be used for determining whether pesticide residues, including negligible residues, in or on raw agricultural commodities are in compliance with the tolerances established in this part 180 are identi�ed among the methods contained or referenced in the Food and Drug Administration's “Pesticide Analytical Manual” which is available from the Food and Drug Administration, Department of Health, Education, and Welfare, 200 C Street SW., Washington, DC 20204. (a) (1) General. Tolerances are established for residues of the fungicide, captan (N trichloromethylthio-4-cyclohexene-1,2-dicarboximide) in or on the following commodities: Commodity Parts per million Nomenclature changes to subpart C of part 180 appear at 67 FR 41803, June 19, 2002; 67 FR 42393, June 21, 2002; 68 FR 39430, July 1, 2003; 71 FR 74804, Dec. 13, 2006; 72 FR 53137, Sept. 18, 2007; 72 FR 61536, Oct. 31, 2007; 73 FR 60155, Oct. 10, 2008; 75 FR 56014, Sept. 15, 2010; and 76 FR 34885, June 15, 2011. EDITORIAL NOTE 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 142/1218 Cherry, tart 50.0 Cotton, undelinted seed 0.05 Dill, seed 0.05 Flax, seed 0.05 Grape 25.0 Grain, cereal, forage, fodder and straw, group 16 0.05 Grain, cereal, group 15 0.05 Grass, forage 0.05 Grass, hay 0.05 Nectarine 25.0 Okra 0.05 Peach 15.0 Peanut 0.05 Peanut, hay 0.05 Pear 25.0 Plum, prune, fresh 10.0 Rapeseed, forage 0.05 Rapeseed, seed 0.05 Sa�ower, seed 0.05 Sesame, seed 0.05 Strawberry 20.0 Sun�ower, seed 0.05 Vegetable, brassica leafy, group 5 0.05 Vegetable, bulb, group 3 0.05 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 143/1218 Vegetable, cucurbit, group 9 0.05 Vegetable, foliage of legume, group 7 0.05 Vegetable, fruiting, group 8 0.05 Vegetable, leafy, except brassica, group 4 0.05 Vegetable, leaves of root and tuber, group 2 0.05 Vegetable, legume, group 6 0.05 Vegetable, root and tuber, group 1 0.05 Cattle, fat 0.15 Cattle, meat 0.20 Cattle, meat byproducts 0.30 Goat, fat 0.15 Goat, meat 0.20 Goat, meat byproducts 0.30 Hog, fat 0.15 Hog, meat 0.20 Hog, meat byproducts 0.30 Horse, fat 0.15 Horse, meat 0.20 Horse, meat byproducts 0.30 Milk 0.10 (2) Tolerances are established for the combined residues of the fungicide, captan (N trichloromethylthio-4-cyclohexene-1,2-dicarboximide) and its metabolite 1,2,3,6 tetrahydrophthalimide (THPI), measured at THPI, in or on the following commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 144/1218 Sheep, fat 0.15 Sheep, meat 0.20 Sheep, meat byproducts 0.30 [72 FR 52016, Sept. 12, 2007] § 180.106 Diuron; tolerances for residues. Alfalfa, forage 3.0 Alfalfa, hay 2.0 Apple 0.1 Artichoke, globe 1 Asparagus 7 Banana 0.1 Berry group 13 0.1 Cattle, fat 1 Cattle, meat 1 Cattle, meat byproducts 1 Citrus, oil 3.0 Corn, �eld, grain 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the herbicide diuron, 3 (3,4-dichlorophenyl)-1,1-dimethylurea and its metabolites convertible to 3,4 dichloroaniline in or on food commodities, as follows: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-52016 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 145/1218 Corn, pop, grain 0.1 Cotton, undelinted seed 0.2 Fish - freshwater �n�sh, farm raised 2.0 Fruit, citrus, group 10, except lemon 0.05 Goat, fat 1 Goat, meat 1 Goat, meat byproducts 1 Grain, aspirated fractions 5.0 Grape 0.05 Grass, forage, except bermudagrass 2 Grass, hay, except bermudagrass 2 Hazelnut 0.1 Hog, fat 1 Hog, meat 1 Hog, meat byproducts 1 Horse, fat 1 Horse, meat 1 Horse, meat byproducts 1 Lemon 0.5 Nut, macadamia 0.05 Olive 1 Papaya 0.5 Peach 0.1 Pear 1 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 146/1218 Pea, �eld, seed 0.1 Pea, �eld, vines 2 Pea, �eld, hay 2 Pecan 0.05 Peppermint, tops 1.5 Pineapple 0.1 Pineapple, process residue 0.4 Sheep, fat 1 Sheep, meat 1 Sheep, meat byproducts 1 Sorghum, grain, forage 2 Sorghum, grain, grain 0.5 Sorghum, grain, stover 2 Spearmint, tops 1.5 Sugarcane, cane 0.2 Sugarcane, molasses 0.7 Walnut 0.05 Wheat, bran 0.7 Wheat, forage 2 Wheat, grain 0.5 Wheat, hay 2 Wheat, straw 1.5 (b) Section 18 emergency exemptions. [Reserved] Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 147/1218 Barley, bran 0.7 Barley, grain 0.2 Barley, hay 2 Barley, straw 1.5 Cactus 0.05 Clover, forage 0.1 Clover, hay 1.0 Oat, forage 2 Oat, grain 0.1 Oat, hay 2 Oat, straw 1.5 Trefoil, forage 0.1 Trefoil, hay 1.5 Vetch, forage 0.1 Vetch, hay 1.5 [63 FR 2164, Jan. 14, 1998, as amended at 63 FR 57072, Oct. 26, 1998; 64 FR 41305, July 30, 1999; 66 FR 28671, May 24, 2001; 67 FR 46883, July 17, 2002; 69 FR 71717, Dec. 10, 2004; 72 FR 32540, June 13, 2007; 72 FR 35666, June 29, 2007; 73 FR 54958, Sept. 24, 2008; 76 FR 34885, June 15, 2011] § 180.107 Tri�umezopyrim; tolerance for residues. (c) Tolerances with regional registrations. Tolerances with a regional registration as de�ned in § 180.1(l) are established for the combined residues of the herbicide diuron (3-(3,4 dichlorophenyl)-1,1-dimethylurea and its metabolites convertible to 3,4-dichloroaniline) in or on the raw agricultural commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide tri�umezopyrim, including its metabolites and degradates, in or on the following food commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by Commodity Parts per million https://www.federalregister.gov/citation/63-FR-2164 https://www.federalregister.gov/citation/63-FR-57072 https://www.federalregister.gov/citation/64-FR-41305 https://www.federalregister.gov/citation/66-FR-28671 https://www.federalregister.gov/citation/67-FR-46883 https://www.federalregister.gov/citation/69-FR-71717 https://www.federalregister.gov/citation/72-FR-32540 https://www.federalregister.gov/citation/72-FR-35666 https://www.federalregister.gov/citation/73-FR-54958 https://www.federalregister.gov/citation/76-FR-34885 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 148/1218 Rice, grain * 0.40 Rice, hulls * 1.0 * There are no U.S. registrations for the use of tri�umezopyrim on these commodities. [82 FR 48005, Oct. 16, 2017] § 180.108 Acephate; tolerances for residues. Bean, dry, seed 3.0 Brussels sprouts 3.0 Cattle, fat 0.1 Cattle, meat 0.1 Cattle, meat byproducts 0.1 Cauli�ower 2.0 Celery 10 Cotton, hulls 1.0 Cotton, meal 1.0 measuring only tri�umezopyrim (2,4-dioxo-1-(5-pyrimidinylmethyl)-3-[3 (tri�uoromethyl)phenyl]-2H-pyrido[1,2-a] pyrimidinium inner salt) in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of acephate, O,S-dimethyl acetyl phosphoramidothioate, including its metabolites and degradates other than methamidophos, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only acephate, O,S-dimethyl acetyl phosphoramidothioate, in or on the commodity. Commodity Parts per million Commodity1 Parts per million https://www.federalregister.gov/citation/82-FR-48005 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 149/1218 Cotton, undelinted seed 0.5 Cranberry 0.5 Egg 0.1 Goat, fat 0.1 Goat, meat 0.1 Goat, meat byproducts 0.1 Hog, fat 0.1 Hog, meat 0.1 Hog, meat byproducts 0.1 Horse, fat 0.1 Horse, meat 0.1 Horse, meat byproducts 0.1 Lettuce, head 10 Milk 0.1 Peanut 0.2 Pepper 4.0 Peppermint, tops 27 Poultry, fat 0.1 Poultry, meat 0.1 Poultry, meat byproducts 0.1 Sheep, fat 0.1 Sheep, meat 0.1 Sheep, meat byproducts 0.1 Spearmint, tops 27 Commodity1 Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 150/1218 Soybean, seed 1.0 Where there is a direct use of methamidophos on the commodity, residues of methamidophos resulting from methamidophos application are regulated under 40 CFR 180.315. Bean, dry, seed 1 Brussels sprouts 0.5 Cauli�ower 0.5 Celery 1 Cranberry 0.1 Lettuce, head 1 Pepper 1 Peppermint, tops 1 1 (2) A tolerance of 0.02 ppm is established for residues of acephate, O,S-dimethyl acetyl phosphoramidothioate, including its metabolites and degradates other than methamidophos, in or on all food items (other than those already covered by a higher tolerance as a result of use on growing crops) in food handling establishments where food and food products are held, processed, prepared and served, including food service, manufacturing and processing establishments, such as restaurants, cafeterias, supermarkets, bakeries, breweries, dairies, meat slaughtering and packing plants, and canneries, where application of acephate shall be limited solely to spot and/or crack and crevice treatment (a coarse, low-pressure spray shall be used to avoid atomization or splashing of the spray for spot treatments; equipment capable of delivering a pin-stream of insecticide shall be used for crack and crevice treatments). Spray concentration shall be limited to a maximum of 1.0 percent active ingredient. Contamination of food or food-contact surfaces shall be avoided. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only acephate, O,S-dimethyl acetyl phosphoramidothioate, in or on the commodity. (3) Tolerances are established for residues of methamidophos, O,S-dimethyl phosphoramidothioate, including its metabolites and degradates, in or on the commodities in the following table as a result of the application of acephate. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only methamidophos, O,S-dimethyl phosphoramidothioate, in or on the commodity. Commodity1 Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.315 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 151/1218 Spearmint, tops 1 Nut, macadamia 0.05 Where there is a direct use of methamidophos on the commodity, residues of methamidophos resulting from methamidophos application are regulated under 40 CFR 180.315. [63 FR 13542, Mar. 20, 1998, as amended at 67 FR 49615, July 31, 2002; 73 FR 5108, Jan. 29, 2008; 75 FR 60237, Sept. 29, 2010; 81 FR 34905, June 1, 2016] § 180.109 Fenpicoxamid; Tolerances for residues. Banana* 0.15 Wheat, grain* 0.60 Rye, grain* 0.60 *There are no U.S. registrations for use of fenpicoxamid on this commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with a regional registration is established for residues of acephate, O,S-dimethyl acetyl phosphoramidothioate, including its metabolites and degradates other than methamidophos, in or on the commodity in the following table. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only acephate, O,S-dimethyl acetyl phosphoramidothioate, in or on the commodity. 1 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of fenpicoxamid including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels for fenpicoxamid is to be determined by measuring only fenpicoxamid ([[4-methoxy-2-[[[(3S,7R,8R,9S)-9-methyl-8-(2-methyl-1-oxopropoxy)-2,6 dioxo-7-(phenylmethyl)-1,5-dioxonan-3-yl]amino]carbonyl]-3-pyridinyl]oxy]methyl 2 methylpropanoate) in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] Commodity Parts per million Commodity1 Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.315 https://www.federalregister.gov/citation/63-FR-13542 https://www.federalregister.gov/citation/67-FR-49615 https://www.federalregister.gov/citation/73-FR-5108 https://www.federalregister.gov/citation/75-FR-60237 https://www.federalregister.gov/citation/81-FR-34905 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 152/1218 [82 FR 48000, Oct. 16, 2017] ยง 180.111 Malathion; tolerances for residues. Alfalfa, forage 135 Alfalfa, hay 135 Almond, hulls 50 Almond, postharvest 8 Apple 8 Apricot 8 Asparagus 8 Avocado 8 Barley, grain, postharvest 8 Bean, dry, seed 8 Bean, succulent 8 Beet, garden, roots 8 Beet, garden, tops 8 Beet, sugar, roots 1 Beet, sugar, tops 8 Blackberry 8 Blueberry 8 Boysenberry 8 (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide malathion (O,O-dimethyl dithiophosphate of diethyl mercaptosuccinate) in or on the following food commodities: Commodity Parts per million https://www.federalregister.gov/citation/82-FR-48000 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 153/1218 Carrot, roots 8 Chayote, fruit 8 Chayote, roots 8 Cherry 8 Chestnut 1 Clover, forage 135 Clover, hay 135 Corn, �eld, forage 8 Corn, �eld, grain, postharvest 8 Corn, pop, grain, postharvest 8 Corn, sweet, forage 8 Corn, sweet, kernel plus cob with husks removed 2 Cowpea, forage 135 Cowpea, hay 135 Cranberry 8 Cucumber 8 Currant 8 Date, dried fruit 8 Dewberry 8 Eggplant 8 Fig 8 Flax, seed 0.1 Garlic, bulb 8 Gooseberry 8 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 154/1218 Grape 8 Grapefruit 8 Guava 8 Hazelnut 1 Hop, dried cones 1 Horseradish 8 Kumquat 8 Leek 8 Lemon 8 Lentil, seed 8 Lespedeza, hay 135 Lime 8 Loganberry 8 Lupin, seed 8 Mango 8 Melon 8 Mushroom 8 Nectarine 8 Nut, macadamia 1 Oat, grain, postharvest 8 Okra 8 Onion, bulb 8 Onion, green 8 Orange 8 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 155/1218 Papaya 1 Parsnip 8 Passionfruit 8 Pea 8 Pea, �eld, hay 8 Pea, �eld, vines 8 Peach 8 Peanut, hay 135 Peanut, postharvest 8 Pear 8 Pecan 8 Pepper 8 Peppermint, tops 8 Pineapple 8 Plum 8 Plum, prune 8 Potato 8 Pumpkin 8 Quince 8 Radish 8 Raspberry 8 Rice, grain, postharvest 8 Rice, wild 8 Rutabaga 8 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 156/1218 Rye, grain, postharvest 8 Sa�ower, seed 0.2 Salsify, roots 8 Salsify, tops 8 Shallot, bulb 8 Sorghum, grain, forage 8 Sorghum, grain, grain, postharvest 8 Soybean, forage 135 Soybean, hay 135 Soybean, seed 8 Soybean, vegetable, succulent 8 Spearmint, tops 8 Squash, summer 8 Squash, winter 8 Strawberry 8 Sun�ower, seed, postharvest 8 Sweet potato, roots 1 Tangerine 8 Tomato 8 Trefoil, forage 135 Trefoil, hay 135 Turnip, greens 8 Turnip, roots 8 Vegetable, brassica, leafy, group 5 8 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 157/1218 Vegetable, leafy, except brassica, group 4 8 Vetch, hay 135 Walnut 8 Wheat, grain, postharvest 8 Barley, straw 50 Corn, �eld, stover 30.0 Cotton, undelinted seed 20.0 Grass, forage 200 Grass, hay 270 Oat, forage 4.0 Oat, straw 50 Rye, forage 4.0 Rye, straw 50 Watercress 0.2 Wheat, forage 4.0 Wheat, straw 50 (2) Tolerances are established for the combined residues of the insecticide malathion (O,O-dimethyl dithiophosphate of diethyl mercaptosuccinate) and its metabolite, malaoxon (O,O-dimethyl thiophosphate of diethyl mercaptosuccinate), in or on the following food commodities: (3) Tolerances are established for residues of the insecticide malathion (O,O-dimethyl dithiophosphate of diethyl mercaptosuccinate), in or on the following food commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 158/1218 Cattle, fat 4 Cattle, meat 4 Cattle, meat byproducts 4 Egg 0.1 Goat, fat 4 Goat, meat 4 Goat, meat byproducts 4 Hog, fat 4 Hog, meat 4 Hog, meat byproducts 4 Horse, fat 4 Horse, meat 4 Horse, meat byproducts 4 Milk, fat 0.5 Poultry, fat 4 Poultry, meat 4 Poultry, meat byproducts 4 Sheep, fat 4 Sheep, meat 4 Sheep, meat byproducts 4 The tolerance level shall not be exceeded in any cut of meat or in any meat byproducts from cattle, goat, hog, horse, poultry, or sheep. 1 1 1 1 1 1 1 1 1 1 1 1 1 (4) Malathion may be safely used in accordance with the following conditions: (i) It is incorporated into paper trays in amounts not exceeding 100 milligrams per square foot. Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 159/1218 [43 FR 22974, May 30, 1978, as amended at 43 FR 45584, Oct. 3, 1978; 44 FR 38844, July 3, 1979; 45 FR 76145, Nov. 18, 1980; 47 FR 42738, Sept. 29, 1982; 47 FR 55226, Dec. 8, 1982; 52 FR 45183, Nov. 25, 1987; 62 FR 66023, 66025, Dec. 17, 1997; 65 FR 33694, May 24, 2000; 72 FR 35665, June 29, 2007; 73 FR 54959, Sept. 24, 2008; 74 FR 47455, Sept. 16, 2009; 75 FR 60238, Sept. 29, 2010] § 180.114 Ferbam; tolerances for residues. Apple 4.0 None Bean 7.0 10/27/07 Cabbage 7.0 10/27/07 Cherry 4.0 None (ii) Treated paper trays are intended for use only in the drying of grape (raisins). (iii) Total residues of malathion resulting from drying of grape on treated trays and from application to grape before harvest shall not exceed 12 parts per million on processed ready-to-eat raisins. (5) Residues of malathion in sa�ower, re�ned oil from application to the growing sa�ower plant shall not exceed 0.6 parts per million. (6) Malathion may be safely used for the control of insects during the drying of grape (raisins) in compliance with paragraph (a)(4) of this section by incorporation into paper trays in amounts not exceeding 100 milligrams per square foot. (7) Malathion (O,O-dimethyl dithiophosphate of diethyl mercaptosuccinate) may be safely used in feed in accordance with the following conditions. (i) A tolerance of 50 parts per million is established for residues of malathion in citrus, dried pulp for cattle feed, when present as the result of the application of the pesticide to bagged citrus pulp during storage. Whether or not tolerances for residues of malathion on the fresh fruit have been established under section 408 of the Act, the total residue of malathion in the citrus, dried pulp shall not exceed 50 parts per million. (ii) A tolerance of 10 parts per million is established for malathion in nonmedicated cattle feed concentrate blocks resulting from its application as a pesticide to paper used in packaging the nonmedicated cattle feed concentrate blocks. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide ferbam (ferric dimethyldithiocarbamate), calculated as carbon disul�de, in or on the following food commodities: 1 1 1 1 Commodity Parts per million Expiration/Revocation Date https://www.federalregister.gov/citation/43-FR-22974 https://www.federalregister.gov/citation/43-FR-45584 https://www.federalregister.gov/citation/44-FR-38844 https://www.federalregister.gov/citation/45-FR-76145 https://www.federalregister.gov/citation/47-FR-42738 https://www.federalregister.gov/citation/47-FR-55226 https://www.federalregister.gov/citation/52-FR-45183 https://www.federalregister.gov/citation/62-FR-66023 https://www.federalregister.gov/citation/62-FR-66025 https://www.federalregister.gov/citation/65-FR-33694 https://www.federalregister.gov/citation/72-FR-35665 https://www.federalregister.gov/citation/73-FR-54959 https://www.federalregister.gov/citation/74-FR-47455 https://www.federalregister.gov/citation/75-FR-60238 https://www.ecfr.gov/current/title-40/section-180.111#p-180.111(a)(4) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 160/1218 Cranberry 4.0 None Fruit, citrus, group 10 4.0 None Grape 4.0 None Lettuce 7.0 10/27/07 Nectarine 4.0 None Peach 4.0 None Pear 4.0 None Raspberry 7.0 10/27/07 Some of these tolerances were established on the basis of data acquired at the public hearings held in 1950 (formerly § 180.101) and the remainder were established on the basis of pesticide petitions presented under the procedure speci�ed in the amendment to the Federal Food, Drug, and Cosmetic Act by Pub. L. 518, 83d Congress (68 Stat. 511) Mango 4.0 This tolerance was established on the basis of data acquired at the public hearings held in 1950 (formerly § 180.101) and the remainder was established on the basis of pesticide petitions presented under the procedure speci�ed in the amendment to the Federal Food, Drug, and Cosmetic Act by Pub. L. 518, 83d Congress (68 Stat. 511) [63 FR 57072, Oct. 26, 1998, as amended at 72 FR 53453, Sept. 19, 2007] § 180.116 Ziram; tolerances for residues. 1 1 1 1 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations, as de�ned in § 180.1(l), are established for residues of the fungicide ferbam (ferric dimethyldithiocarbamate), calculated as carbon disul�de, in or on the following food commodities: 1 1 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide ziram (zinc dimethyldithiocarbamate), including its metabolites and degradates, in or on the commodities in the table below as a result of the application of ziram. Compliance with Commodity Parts per million Expiration/Revocation Date Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.101 https://www.ecfr.gov/current/title-40/section-180.101 https://www.federalregister.gov/citation/63-FR-57072 https://www.federalregister.gov/citation/72-FR-53453 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 161/1218 Almond 0.10 Apple 7.0 Apricot 7.0 Blueberry 7.0 Cherry, sweet 7.0 Cherry, tart 7.0 Grape 7.0 Hazelnut 0.10 Huckleberry 7.0 Peach 7.0 Pear 7.0 Pecan 0.10 Quince 7.0 Strawberry 7.0 Tomato 7.0 Some of these tolerances were established on the basis of data acquired at the public hearings held in 1950 (formerly § 180.101) and the remainder were established on the basis of pesticide petitions presented under the procedure speci�ed in the amendment to the Federal Food, Drug, and Cosmetic Act by Public Law 518, 83d Congress (68 Stat. 511). [68 FR 39437, July 1, 2003, as amended at 71 FR 54432, Sept. 15, 2006; 73 FR 54959, Sept. 24, 2008; 77 FR 59123, Sept. 26, 2012; 82 FR 57860, Dec. 8, 2017] the tolerance levels speci�ed below is to be determined by measuring total dithiocarbamates, determined as CS2, evolved during acid digestion and expressed as zinc ethylenebisdithiocarbamate. 1 1 1 1 1 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.101 https://www.federalregister.gov/citation/68-FR-39437 https://www.federalregister.gov/citation/71-FR-54432 https://www.federalregister.gov/citation/73-FR-54959 https://www.federalregister.gov/citation/77-FR-59123 https://www.federalregister.gov/citation/82-FR-57860 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 162/1218 § 180.117 S-Ethyl dipropylthiocarbamate; tolerances for residues. Alfalfa, forage 0.2 Alfalfa, hay 0.6 Almond 0.08 Almond, hulls 0.08 Bean, dry, seed 0.08 Bean, succulent 0.08 Beet, garden, tops 0.5 Beet, sugar, molasses 0.4 Beet, sugar, tops 0.5 Clover, forage 0.1 Clover, hay 0.1 Corn, �eld, forage 0.08 Corn, �eld, grain 0.08 Corn, �eld, stover 0.08 Corn, pop, grain 0.08 Corn, pop, stover 0.08 Corn, sweet, forage 0.08 Corn, sweet, kernel plus cob with husks removed 0.08 (a) General. Tolerances are established for residues of the herbicide S-ethyl dipropylthiocarbamate, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of S-ethyl dipropylthiocarbamate, S-ethyl (2-hydroxypropyl)propylcarbamothioate, S-(2 hydroxyethyl)dipropylcarbamothioate, and S-ethyl (3 hydroxypropyl)propylcarbamothioate, calculated as the stoichiometric equivalent of S ethyl dipropylthiocarbamate, in or on the commodity. Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 163/1218 Corn, sweet, stover 0.08 Cotton, gin byproducts 0.20 Cotton, undelinted seed 0.08 Fruit, citrus, group 10 0.1 Grass, forage 0.60 Grass, hay 0.50 Lespedeza, forage 0.1 Lespedeza, hay 0.1 Pea, succulent 0.08 Sa�ower, seed 0.08 Sun�ower, seed 0.08 Tomato 0.08 Trefoil, forage 0.1 Trefoil, hay 0.1 Vegetable, root 0.1 Walnut 0.08 [75 FR 60239, Sept. 29, 2010, as amended at 82 FR 42952, Sept. 13, 2017] § 180.123 Inorganic bromide residues resulting from fumigation with methyl bromide; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of inorganic bromides (calculated as Br) in or on the following food commodities which have been fumigated with the antimicrobial agent and insecticide methyl bromide after harvest (with the exception Commodity Parts per million https://www.federalregister.gov/citation/75-FR-60239 https://www.federalregister.gov/citation/82-FR-42952 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 164/1218 Alfalfa, hay, postharvest 50.0 10/31/11 Almond, postharvest 200.0 None Apple, postharvest 5.0 None Apricot, postharvest 20.0 None Artichoke, jerusalem, postharvest 30.0 None Asparagus, postharvest 100.0 None Avocado, postharvest 75.0 None Barley, grain, postharvest 50.0 None Bean, lima, postharvest 50.0 None Bean, postharvest 50.0 None Bean, snap, succulent, postharvest 50.0 None Bean, succulent, postharvest 50.0 None Beet, garden, roots, postharvest 30.0 None Beet, sugar, roots, postharvest 30.0 None Blueberry, postharvest 20.0 None Butternut, postharvest 200.0 None Cabbage, postharvest 50.0 None Cacao bean, roasted bean, postharvest 50.0 None Cantaloupe, postharvest 20.0 None Carrot, roots, postharvest 30.0 None Cashew, postharvest 200.0 None Cherry, sweet, postharvest 20.0 None of strawberry): Commodity Parts per million Expiration/Revocation Date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 165/1218 Cherry, tart, postharvest 20 None Chestnut, postharvest 200.0 None Cippolini, bulb, postharvest 50.0 None Citron, citrus, postharvest 30.0 None Coconut, copra, postharvest 100.0 None Coffee, bean, green, postharvest 75.0 None Corn, �eld, grain, postharvest 50.0 None Corn, pop, postharvest 240.0 None Corn, sweet, kernel plus cob with husks removed, postharvest 50.0 None Cotton, undelinted seed, postharvest 200.0 10/31/11 Cucumber, postharvest 30.0 None Cumin, seed, postharvest 100.0 None Eggplant, postharvest 20.0 None Garlic, postharvest 50.0 None Ginger, postharvest 100.0 None Grape, postharvest 20.0 None Grapefruit, postharvest 30.0 None Hazelnut, postharvest 200.0 None Horseradish, postharvest 30.0 None Kumquat, postharvest 30.0 None Lemon, postharvest 30.0 None Lime, postharvest 30.0 None Commodity Parts per million Expiration/Revocation Date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 166/1218 Melon, honeydew, postharvest 20.0 None Muskmelon, postharvest 20.0 None Nectarine, postharvest 20.0 None Nut, brazil, postharvest 200.0 None Nut, hickory, postharvest 200.0 None Nut, macadamia, postharvest 200.0 None Oat, postharvest 50.0 None Okra, postharvest 30.0 None Onion, bulb, postharvest 20.0 None Onion, green, postharvest 20.0 None Orange, postharvest 30.0 None Parsnip, roots, postharvest 30.0 None Peach, postharvest 20.0 None Peanut, postharvest 200.0 None Pear, postharvest 5.0 None Pea, blackeyed, postharvest 50.0 None Pea, postharvest 50.0 None Pecan, postharvest 200.0 None Pepper, postharvest 30.0 None Pimento, postharvest 30.0 None Pineapple, postharvest 20.0 None Pistachio, postharvest 200.0 None Plum, postharvest 20.0 None Commodity Parts per million Expiration/Revocation Date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 167/1218 Pomegranate, postharvest 100.0 None Potato, postharvest 75.0 None Pumpkin, postharvest 20.0 None Quince, postharvest 5.0 None Radish, postharvest 30.0 None Rice, grain, postharvest 50.0 None Rutabaga, roots, postharvest 30.0 None Rutabaga, tops, postharvest 30.0 None Rye, grain, postharvest 50.0 None Salsify, roots, postharvest 30.0 None Sorghum, grain, grain, postharvest 50.0 None Soybean, postharvest 200.0 None Squash, summer, postharvest 30.0 None Squash, winter, postharvest 20.0 None Squash, zucchini, postharvest 20.0 None Strawberry, postharvest 60.0 None Sweet potato, postharvest 75.0 None Tangerine, postharvest 30.0 None Timothy, hay, postharvest 50.0 10/19/10 Tomato, postharvest 20.0 None Turnip, roots, postharvest 30.0 None Walnut, postharvest 200.0 None Watermelon, postharvest 20.0 None Commodity Parts per million Expiration/Revocation Date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 168/1218 Wheat 50.0 None Ginger, postharvest 100 (2) Inorganic bromide may be present as a residue in certain processed food in accordance with the following conditions: (i) When inorganic bromide residues are present as a result of fumigation of the processed food with methyl bromide or from such fumigation in addition to the authorized use of methyl bromide on the source raw agricultural commodity, as provided for in this part, the total residues of inorganic bromides (calculated as Br) shall not exceed the following levels: (A) 400 parts per million in or on egg, dried and herb, processed and spice. (B) 325 parts per million in or on cheese, parmesan and cheese, roquefort cheese. (C) 250 parts per million in or on tomato, concentrated products and �g, dried fruit. (D) 125 parts per million in or on processed food other than those listed above. (ii) When inorganic bromide residues are present in malt beverage, fermented in accordance with 21 CFR 172.730(a)(2), the amount shall not exceed 25 parts per million (calculated as Br). (iii) Where tolerances are established on both the raw agricultural commodities and processed food made therefrom, the total residues of inorganic bromides in or on the processed food shall not be greater than those designated in paragraph (a)(2) of this section, unless a higher level is established elsewhere in this part. (3) Tolerances are established for residues of inorganic bromides (calculated as Br) as follows: (i) 400 parts per million for residues in or on dog food, resulting from fumigation with methyl bromide. (ii) 125 parts per million for residues in or on processed commodities for animal feedstuffs from barley, corn, grain sorghum, oat, rice, rye and wheat, resulting directly from fumigation with methyl bromide or from carryover and concentration of residues of inorganic bromides from fumigation of the grains with methyl bromide. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with regional registration, as de�ned in § 180.1(l), is established for residues of inorganic bromides (calculated as Br) in or on the following food commodity grown in soil fumigated with methyl bromide. Commodity Parts per million Expiration/Revocation Date Commodity Parts per million https://www.ecfr.gov/current/title-21/section-172.730#p-172.730(a)(2) https://www.ecfr.gov/current/title-40/section-180.123#p-180.123(a)(2) https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 169/1218 [71 FR 74812, Dec. 13, 2006, as amended at 75 FR 60239, Sept. 29, 2010] § 180.123a Inorganic bromide residues in peanut hay and peanut hulls; statement of policy. [58 FR 65555, Dec. 15, 1993] § 180.124 Methyl bromide; tolerances for residues. Cotton, undelinted seed 150 Table 2 to Paragraph (b) (d) Indirect or inadvertent residues. [Reserved] (a) Investigations by the Food and Drug Administration show that peanut hay and peanut shells have been used as feed for meat and dairy animals. While many growers now harvest peanuts with combines and leave the hay on the ground to be incorporated into the soil, some growers follow the practice of curing peanuts on the vines in a stack and save the hay for animal feed. Peanut shells or hulls have been used to a minor extent as roughage for cattle feed. It has been established that the feeding to cattle of peanut hay and peanut hulls containing residues of inorganic bromides will contribute considerable residues of inorganic bromides to the meat and milk. (b) There are no tolerances for inorganic bromides in meat and milk to cover residues from use of such peanut hulls as animal feed. Peanut hulls containing residues of inorganic bromides from the use of methyl bromide are unsuitable as an ingredient in the feed of meat and dairy animals and should not be represented, sold, or used for that purpose. (a) General. A tolerance is established for residues of the fumigant methyl bromide, including metabolites and degradates, in or on the commodity in the table below. Compliance with the tolerance level speci�ed below is to be determined by measuring only methyl bromide. (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of the fumigant methyl bromide, including its metabolites and degradates, in or on the speci�ed agricultural commodities in Table 2 to this paragraph (b). Compliance with the tolerance levels speci�ed in Table 2 to this paragraph (b) is to be determined by measuring only methyl bromide, in or on the commodities, resulting from use of the pesticide pursuant to Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) section 18 emergency exemptions. The tolerances expire and are revoked on the dates speci�ed in Table 2 to this paragraph (b). Commodity Parts per million https://www.federalregister.gov/citation/71-FR-74812 https://www.federalregister.gov/citation/75-FR-60239 https://www.federalregister.gov/citation/58-FR-65555 https://www.ecfr.gov/current/title-40/section-180.124#p-180.124(b) https://www.ecfr.gov/current/title-40/section-180.124#p-180.124(b) https://www.ecfr.gov/current/title-40/section-180.124#p-180.124(b) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 170/1218 Berry and small fruit, group 13-07 5.0 12/31/23 Cactus 3.0 12/31/23 Coconut, copra 8.0 12/31/23 Coffee, green bean 150 12/31/23 Cola, seed 150 12/31/23 Cucurbit, seed 150 12/31/23 Fig 10 12/31/23 Fruit, citrus, group 10-10 2 12/31/23 Fruit, stone, group 12-12 5.0 12/31/23 Fruit, tropical and subtropical, edible peel, group 23 10 12/31/23 Fruit, tropical and subtropical, inedible peel, group 24 5.0 12/31/23 Herb and spice, group 19 35 12/31/23 Hibiscus, seed 150 12/31/23 Ivy gourd 5.0 12/31/23 Ka�r lime, leaves 0.50 12/31/23 Kenaf, seed 150 12/31/23 Oilseed group 20 150 12/31/23 Peppermint, tops 35 12/31/23 Pointed gourd 5.0 12/31/23 Spearmint, tops 35 12/31/23 Vegetable, bulb, group 3-07 2.0 12/31/23 Vegetable, cucurbit, group 9 5.0 12/31/23 CommodityCommodity Parts per million Parts per million Expiration/ revocation date Expiration/ revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 171/1218 Vegetable, foliage of legume, group 7 0.50 12/31/23 Vegetable, fruiting, group 8-10 7.0 12/31/23 Vegetable, head and stem Brassica, group 5-16 1.0 12/31/23 Vegetable, leafy, group 4-16 0.50 12/31/23 Vegetable, leaves of root and tuber, group 2 0.50 12/31/23 Vegetable, legume, group 6 3.0 12/31/23 Vegetable, root and tuber, group 1 3.0 12/31/23 Vegetable, stalk, stem and leaf petiole, group 22 0.50 12/31/23 [77 FR 35298, June 13, 2012, as amended at 83 FR 8763, Mar. 1, 2018; 85 FR 65734, Oct. 16, 2020; 86 FR 8703, Feb. 9, 2021] ยง 180.127 Piperonyl butoxide; tolerances for residues. Almond, postharvest 8 Apple, postharvest 8 Barley, postharvest 20 Bean, postharvest 8 Birdseed, mixtures, postharvest 20 Blackberry, postharvest 8 (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances for residues of the insecticide piperonyl butoxide [(butyl carbityl)(6-propyl piperonyl)ether] are established in or on the following food commodities: Commodity Parts per million Expiration/ revocation date Commodity Parts per million https://www.federalregister.gov/citation/77-FR-35298 https://www.federalregister.gov/citation/83-FR-8763 https://www.federalregister.gov/citation/85-FR-65734 https://www.federalregister.gov/citation/86-FR-8703 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 172/1218 Blueberry, postharvest 8 Boysenberry, postharvest 8 Buckwheat, grain, postharvest 20 Cattle, fat 0.1 Cattle, meat 0.1 Cattle, meat byproducts 0.1 Cherry, sweet, postharvest 8 Cherry, tart, postharvest 8 Cacoa bean, roasted bean, postharvest 8 Coconut, copra, postharvest 8 Corn, �eld, grain, postharvest 20 Corn, pop, postharvest 20 Cotton, undelinted seed, postharvest 8 Crabapple, postharvest 8 Currant, postharvest 8 Dewberry, postharvest 8 Egg 1 Fig, postharvest 8 Flax, seed, postharvest 8 Goat, fat 0.1 Goat, meat 0.1 Goat, meat byproducts 0.1 Gooseberry, postharvest 8 Grape, postharvest 8 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 173/1218 Guava, postharvest 8 Hog, fat 0.1 Hog, meat 0.1 Hog, meat byproducts 0.1 Horse, fat 0.1 Horse, meat 0.1 Horse, meat byproducts 0.1 Loganberry, postharvest 8 Mango, postharvest 8 Milk, fat 0.25 Muskmelon, postharvest 8 Oat, postharvest 8 Orange, postharvest 8 Peach, postharvest 8 Peanut, postharvest 8 Pea, postharvest 8 Pear, postharvest 8 Pineapple, postharvest 8 Plum, prune, fresh, postharvest 8 Potato, postharvest 0.25 Poultry, fat 3 Poultry, meat 3 Poultry, meat byproducts 3 Raspberry, postharvest 8 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 174/1218 Rice, postharvest 20 Rye, postharvest 20 Sheep, fat 0.1 Sheep, meat 0.1 Sheep, meat byproducts 0.1 Sorghum, grain, postharvest 8 Sweet potato, postharvest 0.25 Tomato, postharvest 8 Walnut, postharvest 8 Wheat, postharvest 20 (2) Piperonyl butoxide may be safely used in accordance with the following prescribed conditions: (i) It is used or intended for use in combination with pyrethrins for control of insects: (A) In cereal grain mills and in storage areas for milled cereal grain products, whereby the amount of piperonyl butoxide is at least equal to but not more than 10 times the amount of pyrethrins in the formulation. (B) On the outer ply of multiwall paper bags of 50 pounds or more capacity in amounts not exceeding 60 milligrams per square foot, whereby the amount of piperonyl butoxide is equal to 10 times the amount of pyrethrins in the formulation. Such treated bags are to be used only for food, dried. (C) On cotton bags of 50 pounds or more capacity in amounts not exceeding 55 milligrams per square foot of cloth, whereby the amount of piperonyl butoxide is equal to 10 times the amount of pyrethrins in the formulation. Such treated bags are constructed with waxed paper liners and are to be used only for food, dried that contain 4 percent fat or less. (D) In two-ply bags consisting of cellophane/polyole�n sheets bound together by an adhesive layer when it is incorporated in the adhesive. The treated sheets shall contain not more than 50 milligrams of piperonyl butoxide per square foot (538 milligrams per square meter). Such treated bags are to be used only for packaging plum, prune, dried; grape, raisin; and other fruit, dried and are to have a maximum ratio of 3.12 milligrams of piperonyl butoxide per ounce of fruit (0.10 milligram of piperonyl butoxide per gram of product). Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 175/1218 (E) In food processing and food storage areas: Provided, That the food is removed or covered prior to such use. (ii) It is used or intended for use in combination with pyrethrins and N octylbicycloheptene dicarboximide for insect control in accordance with 21 CFR 178.3730. (iii) A tolerance of 10 parts per million is established for residues of piperonyl butoxide in or on: (A) Grain, cereal, milled fractions when present therein as a result of its use in cereal grain mills and in storage areas for milled cereal grain products. (B) Food, dried when present as a result of migration from its use on the outer ply of multiwall paper bags of 50 pounds or more capacity. (C) Food treated in accordance with 21 CFR 178.3730. (D) Food, dried that contain 4 percent fat, or less, when present as a result of migration from its use on the cloth of cotton bags of 50 pounds or more capacity constructed with waxed paper liners. (E) Food treated in accordance with paragraph (a)(2)(i)(D) and (E) of this section. (iv) To assure safe use of the pesticide, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling. (v) Where tolerances are established on both raw agricultural commodities and processed food made therefrom, the total residues of piperonyl butoxide in or on the processed food shall not be greater than that permitted by the larger of the two tolerances. (3) Piperonyl butoxide may be safely used in accordance with the following prescribed conditions: (i) It is used or intended for use in combination with pyrethrins for control of insects: (A) On the outer ply of multiwall paper bags of 50 pounds or more capacity in amounts not exceeding 60 milligrams per square foot. (B) On cotton bags of 50 pounds or more capacity in amounts not exceeding 55 milligrams per square foot of cloth. Such treated bags are constructed with waxed paper liners and are to be used only for feed, dried that contain 4 percent fat or less. (ii) It is used in combination with pyrethrins, whereby the amount of piperonyl butoxide is equal to 10 times the amount of pyrethrins in the formulation. Such treated bags are to be used only for feed, dried. (iii) A tolerance of 10 parts per million is established for residues of piperonyl butoxide when present as the result of migration: (A) In or on feed, dried from its use on the outer ply of multiwall paper bags of 50 pounds or more capacity. https://www.ecfr.gov/current/title-21/section-178.3730 https://www.ecfr.gov/current/title-21/section-178.3730 https://www.ecfr.gov/current/title-40/section-180.127#p-180.127(a)(2)(i)(D) https://www.ecfr.gov/current/title-40/section-180.127#p-180.127(a)(2)(i)(E) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 176/1218 [71 FR 74813, Dec. 13, 2006] ยง 180.128 Pyrethrins; tolerances for residues. Almond, postharvest 1.0 Apple, postharvest 1.0 Barley, grain, postharvest 3.0 Bean, succulent, postharvest 1.0 Birdseed, mixtures, postharvest 3.0 (B) In or on feed, dried that contain 4 percent fat, or less, from its use on cotton bags of 50 pounds or more capacity constructed with waxed paper liners. (iv) To assure safe use of the pesticide, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency. (v) Where tolerances are established on both the raw agricultural commodities and food, processed made therefrom, the total residues of piperonyl butoxide in or on the processed food shall not be greater than that permitted by the larger of the two tolerances. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances for residues of the insecticide pyrethrins ((1S)-2-methyl-4-oxo-3-(2Z)-2,4 pentadienylcyclopenten-1-yl (1R,3R)-2,2-dimethyl-3-(2-methyl-1 propenyl)cyclopropanecarboxylate (pyrethrin 1), (1S)-2-methyl-4-oxo-3-(2Z)-2,4 pentadienyl-2-cyclopenten-1-yl (1R,3R)-3-[(1E)-3-methoxy-2-methyl-3-oxo-1 propenyl]-2,2-dimethylcyclopropane-carboxylate (pyrethrin 2), (1S)-3-(2Z)-2-butenyl 2-methyl-4-oxo-2-cyclopenten-1-yl (1R,3R)-2,2-dimethyl-3-(2-methyl-1 propenyl)cyclopropanecarboxylate (cinerin 1), (1S)-3-(2Z)-2-butenyl-2-methyl-4-oxo 2-cyclopenten-1-yl (1R,3R)-3-[(1E)-3-methoxy-2-methyl-3-oxo-1-propenyl]-2,2 dimethylcyclopropanecarboxylate (cinerin 2), (1S)-2-methyl-4-oxo-3-(2Z)-2-pentenyl 2-cyclopenten-1-yl (1R, 3R)-2,2-dimethyl-3-(2-methyl-1 propenyl)cyclopropanecarboxylate (jasmolin 1), and (1S)-2-methyl-4-oxo-3-(2Z) pentenyl-2-cyclopenten-1-yl (1R,3R)-3-[(1E)-3-methoxy-2-methyl-3-oxo-1 propenyl]-2,2-dimethylcyclopropanecarboxylate (jasmolin 2)), the insecticidally active principles of Chrysanthemum cinerariaefolium, which are measured as cumulative residues of pyrethrin 1, cinerin 1, and jasmolin 1 are not to exceed the following: Commodity Parts per million https://www.federalregister.gov/citation/71-FR-74813 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 177/1218 Blackberry, postharvest 1.0 Blueberry, postharvest 1.0 Boysenberry, postharvest 1.0 Buckwheat, grain, postharvest 3.0 Cacao bean, roasted bean, postharvest 1.0 Cattle, fat 1.0 Cattle, meat 0.05 Cattle, meat byproducts 0.05 Cherry, sweet, postharvest 1.0 Cherry, tart, postharvest 1.0 Coconut, copra, postharvest 1.0 Corn, �eld, grain, postharvest 3.0 Corn, pop, grain, postharvest 3.0 Cotton, undelinted seed, postharvest 1.0 Crabapple, postharvest 1.0 Currant, postharvest 1.0 Dewberry, postharvest 1.0 Fig, postharvest 1.0 Flax, seed, postharvest 1.0 Goat, fat 1.0 Goat, meat 0.05 Goat, meat byproducts 0.05 Gooseberry, postharvest 1.0 Grape, postharvest 1.0 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 178/1218 Guava, postharvest 1.0 Hog, fat 1.0 Hog, meat 0.05 Hog, meat byproducts 0.05 Horse, fat 1.0 Horse, meat 0.05 Horse, meat byproducts 0.05 Loganberry, postharvest 1.0 Mango, postharvest 1.0 Milk, fat (re�ecting negligible residues in milk) 0.05 Muskmelon, postharvest 1.0 Oat, grain, postharvest 1.0 Orange, postharvest 1.0 Pea, dry, seed, postharvest 1.0 Peach, postharvest 1.0 Peanut, postharvest 1.0 Pear, postharvest 1.0 Pineapple, postharvest 1.0 Plum, prune, fresh, postharvest 1.0 Potato, postharvest 0.05 Raspberry, postharvest 1.0 Rice, grain, postharvest 3.0 Rye, grain, postharvest 3.0 Sheep, fat 1.0 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 179/1218 Sheep, meat 0.05 Sheep, meat byproducts 0.05 Sorghum, grain, grain, postharvest 1.0 Sweet potato, postharvest 0.05 Tomato, postharvest 1.0 Walnut, postharvest 1.0 Wheat, grain, postharvest 3.0 [71 FR 74814, Dec. 13, 2006, as amended at 73 FR 5108, Jan. 29, 2008] ยง 180.129 o-Phenylphenol and its sodium salt; tolerances for residues. Apple 25 Cantaloupe (NMT 10 ppm in edible portion) 125 (2) A tolerance of 1.0 ppm is established for residues of the insecticide pyrethrins in or on milled fractions derived from grain, cereal when present as a result of its use in cereal grain mills and in storage areas for milled cereal grain products. (3) A tolerance of 1.0 ppm is established for residues of the insecticide pyrethrins in or on all food items in food handling establishments where food and food products are held, processed, prepared and/or served. Food must be removed or covered prior to use. (4) Where tolerances are established on both the raw agricultural commodities and processed foods made there-from, the total residues of pyrethrins in or on the processed food shall not be greater than that permitted by the larger of the two tolerances. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for combined residues of the fungicide o phenylphenol and sodium o-phenylphenate, each expressed as o-phenylphenol, from postharvest application of either in or on the following food commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/71-FR-74814 https://www.federalregister.gov/citation/73-FR-5108 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 180/1218 Carrot, roots 20 Cherry 5 Citrus fruits 10 Cucumber 10 Lemon 10 Nectarine 5 Orange 10 Pepper, bell 10 Peach 20 Pear 25.0 Pineapple 10 Plum, prune, fresh 20 Sweet potato, roots 15 Tomato 10 [73 FR 54960, Sept. 24, 2008] ยง 180.130 Hydrogen Cyanide; tolerances for residues. [64 FR 39077, July 21, 1999] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. A tolerance for residues of the insecticide hydrogen cyanide from postharvest fumigation as a result of application of sodium cyanide is established as follows: 50 parts per million in or on Fruit, citrus. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/73-FR-54960 https://www.federalregister.gov/citation/64-FR-39077 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 181/1218 § 180.132 Thiram; tolerances for residues. Avocado 15 No U.S. registrations as of September 23, 2009. Apple 5 Banana 2.0 Peach 7.0 Strawberry 13 There are no U.S. registrations as of September 23, 2009. [67 FR 49615, July 31, 2002, as amended at 74 FR 48391, Sept. 23, 2009; 79 FR 8301, Feb. 12, 2014; 79 FR 18822, Apr. 4, 2014; 80 FR 16306, Mar. 27, 2015; 80 FR 35252, June 19, 2015; 80 FR 72597, Nov. 20, 2015] § 180.142 2,4-D; tolerances for residues. (a) General. (1) A tolerances for residues of the fungicide thiram (tetramethyl thiuram disul�de), including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only thiram. 1 1 (2) Tolerances are established for residues of the fungicide thiram, tetramethyl thiuram disul�de, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only those thiram residues convertible to and expressed in terms of the degradate carbon disul�de, in or on the commodity. 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide, plant regulator, and fungicide 2,4-D, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels is to be determined by measuring Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/67-FR-49615 https://www.federalregister.gov/citation/74-FR-48391 https://www.federalregister.gov/citation/79-FR-8301 https://www.federalregister.gov/citation/79-FR-18822 https://www.federalregister.gov/citation/80-FR-16306 https://www.federalregister.gov/citation/80-FR-35252 https://www.federalregister.gov/citation/80-FR-72597 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 182/1218 Table 1 to Paragraph (a) Almond hulls 0.1 Asparagus 5.0 Barley, bran 4.0 Barley, grain 2.0 Barley, straw 50 Berry, group 13 0.2 Cattle, fat 0.3 Cattle, kidney 4.0 Cattle, meat 0.3 Cattle, meat byproducts, except kidney 0.3 Corn, �eld, forage 6.0 Corn, �eld, grain 0.05 Corn, �eld, stover 50 Corn, pop, grain 0.05 Corn, pop, stover 50 Corn, sweet, forage 6.0 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 50 Cotton, gin byproducts 1.5 Cotton, undelinted seed 0.08 Cranberry 0.5 residues of 2,4-D (2,4-dichlorophenoxyacetic acid), both free and conjugated, determined as the acid, in or on the following commodities: Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 183/1218 Fish 0.1 Fruit, citrus, group 10 3.0 Fruit, pome, group 11 0.05 Fruit, stone, group 12 0.05 Goat, fat 0.3 Goat, kidney 4.0 Goat, meat 0.3 Goat, meat byproducts, except kidney 0.3 Grain, aspirated fractions 40 Grape 0.05 Grass, forage 360 Grass, hay 300 Hop, dried cones 0.2 Horse, fat 0.3 Horse, kidney 4.0 Horse, meat 0.3 Horse, meat byproducts, except kidney 0.3 Millet, forage 25 Millet, grain 2.0 Millet, straw 50 Milk 0.05 Nut, tree, group 14 0.2 Oat, forage 25 Oat, grain 2.0 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 184/1218 Oat, straw 50 Pistachio 0.05 Potato 0.4 Rice, grain 0.5 Rice, hulls 2.0 Rye, bran 4.0 Rye, forage 25 Rye, grain 2.0 Rye, straw 50 Sesame, seed 0.05 Sheep, fat 0.3 Sheep, kidney 4.0 Sheep, meat 0.3 Sheep, meat byproducts, except kidney 0.3 Shell�sh 1.0 Sorghum, grain, forage 0.2 Sorghum, grain, grain 0.2 Sorghum, grain, stover 0.2 Soybean, forage 0.02 Soybean, hay 2.0 Soybean, seed 0.02 Strawberry 0.05 Sugarcane, cane 0.05 Sugarcane, molasses 0.2 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 185/1218 Teff, bran 4.0 Teff, forage 25.0 Teff, grain 2.0 Teff, straw 50.0 Vegetable, leaves of root and tuber, group 2 0.1 Vegetable, root and tuber, except potato, group 1 0.1 Wheat, bran 4.0 Wheat, forage 25 Wheat, grain 2.0 Wheat, straw 50 Wheatgrass, intermediate, bran 4 Wheatgrass, intermediate, forage 30 Wheatgrass, intermediate, grain 2 Wheatgrass, intermediate, straw 50 Rice, wild, grain 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the herbicide, plant regulator, and fungicide 2,4 D, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels is to be determined by measuring residues of 2,4-D (2,4-dichlorophenoxyacetic acid), both free and conjugated, determined as the acid, in or on the follow commodities: (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of the herbicide, plant regulator, and fungicide 2,4-D, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerances levels is to be determined by measuring residues of 2,4-D (2,4 dichlorophenoxyacetic acid), both free and conjugated, determined as the acid, in or on the following commodities: Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 186/1218 Animal feed, nongrass, group 18 0.2 Avocado 0.05 Dill, seed 0.05 Okra 0.05 Vegetable, brassica leafy, group 5 0.4 Vegetable, bulb, group 3 0.05 Vegetable, cucurbit, group 9 0.05 Vegetable, foliage of legume, group 7 0.2 Vegetable, fruiting, group 8 0.05 Vegetable, leafy, except brassica, group 4 0.4 Vegetable, legume, group 6 0.05 [72 FR 52017, Sept. 12, 2007, as amended at 73 FR 53737, Sept. 17, 2008; 74 FR 48411, Sept. 23, 2009; 76 FR 55817, Sept. 9, 2011; 80 FR 72597, Nov. 20, 2015; 82 FR 9529, Feb. 7, 2017; 85 FR 82943, Dec. 21, 2020] § 180.145 Fluorine compounds; tolerances for residues. Apricot 7 Blackberry 7 Blueberry 7 Boysenberry 7 Broccoli 7 (a) General. (1) Tolerances are established for combined residues of the insecticidal �uorine compounds cryolite and synthetic cryolite (sodium aluminum �uoride) in or on the following agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-52017 https://www.federalregister.gov/citation/73-FR-53737 https://www.federalregister.gov/citation/74-FR-48411 https://www.federalregister.gov/citation/76-FR-55817 https://www.federalregister.gov/citation/80-FR-72597 https://www.federalregister.gov/citation/82-FR-9529 https://www.federalregister.gov/citation/85-FR-82943 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 187/1218 Brussels sprouts 7 Cabbage 7 Cauli�ower 7 Collards 7 Cranberry 7 Cucumber 7 Dewberry 7 Eggplant 7 Fruit, citrus 7 Grape 7 Kale 7 Kohlrabi 7 Lettuce, head 7 Lettuce, leaf 7 Loganberry 7 Melon 7 Nectarine 7 Peach 7 Pepper 7 Plum, prune, fresh 7 Pumpkin 7 Raspberry 7 Squash, summer 7 Squash, winter 7 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 188/1218 Strawberry 7 Tomato 7 Youngberry 7 All processed food commodities not otherwise listed 70 Barley, bran, postharvest 45.0 Barley, �our, postharvest 45.0 Barley, grain, postharvest 15.0 Barley, pearled barley, postharvest 45.0 Cattle, meat, dried 40 Cheese 5.0 Cacao bean, roasted bean, postharvest 20 Coconut, postharvest 40 Coffee, bean, green, postharvest 15 Corn, �eld, �our, postharvest 35.0 Corn, �eld, grain, postharvest 10.0 Corn, �eld, grits, postharvest 10.0 Corn, �eld, meal, postharvest 30.0 Corn, pop, grain, postharvest 10.0 Cotton, undelinted seed, postharvest 70 Egg, dried 900 (2) Tolerances are established for residues of �uoride in or on the following commodities from the postharvest fumigation with sulfuryl �uoride for the control of insects: Commodity Parts per million Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 189/1218 Fruit, dried, except grape, raisin, postharvest 3.0 Ginger, postharvest 70 Grain, aspirated fractions, postharvest 55.0 Grape, raisin, postharvest 7.0 Hog, meat 20 Herbs and spices group 19, postharvest 70 Milk, powdered 5.0 Millet, grain, postharvest 40.0 Nut, pine, postharvest 20 Nut, tree, Group 14, postharvest 10.0 Oat, �our, postharvest 75.0 Oat, grain, postharvest 25.0 Oat, groats/rolled oats 75.0 Peanut, postharvest 15 Pistachio, postharvest 10.0 Rice, bran, postharvest 31.0 Rice, �our, postharvest 45 Rice, grain, postharvest 12.0 Rice, hulls, postharvest 35.0 Rice, polished rice, postharvest 25.0 Rice, wild, grain, postharvest 25.0 Sorghum, grain, postharvest 40.0 Triticale, grain, postharvest 40.0 Vegetable, legume, group 6, postharvest 70 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 190/1218 Wheat, bran, postharvest 40.0 Wheat, �our, postharvest 125.0 Wheat, germ, postharvest 130.0 Wheat, grain, postharvest 40.0 Wheat, milled byproducts, postharvest 130.0 Wheat, shorts, postharvest 40.0 Kiwifruit 15 [71 FR 74815, Dec. 13, 2006, as amended at 76 FR 34885, June 15, 2011] § 180.151 Ethylene oxide; tolerances for residues. Herb and spice, group 19, dried, except basil 7 Licorice, roots 7 Peppermint, tops, dried 7 Sesame, seed 7 Spearmint, tops, dried 7 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned by § 180.1(l), are established for the combined residues of the insecticidal �uorine compounds, cryolite and synthetic cryolite (sodium aluminum �uoride), in or on the following raw agricultural commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the antimicrobial agent and insecticide ethylene oxide, when used as a postharvest fumigant in or on the following food commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/71-FR-74815 https://www.federalregister.gov/citation/76-FR-34885 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 191/1218 Vegetable, dried 7 Walnut 50 Herb and spice, group 19, dried, except basil 940 Licorice, roots 940 Peppermint, tops, dried 940 Sesame, seed 940 Spearmint, tops, dried 940 Vegetable, dried 940 [65 FR 33695, May 24, 2000, as amended at 74 FR 46696, Sept. 11, 2009] ยง 180.153 Diazinon; tolerances for residues. Almond, hulls 3.0 Apple 0.50 Apricot 0.20 Bean, lima 0.50 (2) Tolerances are established for residues of the ethylene oxide reaction product, 2 chloroethanol, commonly referred to as ethylene chlorohydrin, when ethylene oxide is used as a postharvest fumigant in or on food commodities as follows: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide diazinon, O,O-diethyl O [6-methyl-2-(1-methylethyl)-4-pyrimidinyl]phosphorothioate (CAS No. 333-41-5), in or on the following food commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33695 https://www.federalregister.gov/citation/74-FR-46696 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 192/1218 Bean, snap, succulent 0.50 Beet, garden, roots 0.75 Beet, garden, tops 0.70 Blueberry 0.50 Caneberry subgroup 13-07A 0.75 Carrot, roots 0.75 Cattle, fat 0.50 Cherry, sweet 0.20 Cherry, tart 0.20 Cranberry 0.50 Endive 0.70 Fig 0.50 Ginseng 0.75 Grape 0.75 Hazelnut 0.50 Kiwifruit 0.75 Lettuce 0.70 Melon 0.75 Mushroom 0.75 Nectarine 0.20 Onion, bulb 0.75 Onion, green 0.75 Pea, succulent 0.50 Peach 0.20 2 1 2 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 193/1218 Pear 0.50 Pineapple 0.50 Plum, prune, fresh 0.20 Radish 0.50 Rutabaga 0.75 Spinach 0.70 Strawberry 0.50 Tomato 0.75 Vegetable, brassica, leafy, group 5 0.70 Watercress 0.05 There are no domestic registrations for kiwifruit as of March 6, 2002. The expiration/revocation date for this tolerance is 9/10/2010. Almond 0.50 Banana 0.20 Celery 0.70 Cucumber 0.75 Parsley, leaves 0.75 Parsnip 0.50 Pepper 0.5 1 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the insecticide diazinon, O, O-diethyl O-[6 methyl-2-(1-methylethyl)-4-pyrimidinyl]-phosphorothioate (CAS No. 333-41-5), in or on the following food commodities: Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 194/1218 Potato 0.10 Squash, summer 0.50 Squash, winter 0.75 Sweet potato, roots 0.10 Swiss chard 0.70 Turnip, roots 0.50 Turnip, tops 0.75 [47 FR 42738, Sept. 29, 1982] § 180.155 1-Naphthaleneacetic acid; tolerances for residues. Avocado 0.05 Cherry, sweet 0.1 Fruit, pome, group 11-10 0.15 Mango 0.05 Olive 0.7 Orange 0.1 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the residues of 1-naphthaleneacetic acid, including its metabolites and degradates in or on the commodities in the following table. Compliance with the tolerance levels speci�ed is to be determined by measuring only 1 naphthaleneacetic acid and its conjugates, calculated as the Stoichiometric equivalent of 1-naphthaleneacetic acid, in or on the commodity. Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.153, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/47-FR-42738 https://www.ecfr.gov/current/title-40/section-180.153 http://www.govinfo.gov/ 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 195/1218 Pineapple 0.05 Pomegranate 0.05 Potato 0.01 Rambutan 2.0 Sapote, mamey 0.05 Tangerine 0.1 There are no U.S. registrations since 1988. [78 FR 30218, May 22, 2013, as amended at 80 FR 77260, Dec. 14, 2015] § 180.163 Dicofol; tolerances for residues. Apple, wet pomace 38.0 10/31/16 Bean, dry, seed 0.5 10/31/16 Bean, succulent 3.0 10/31/16 Butternut 0.1 10/31/16 Caneberry subgroup 13A 5.0 10/31/16 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide dicofol, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only dicofol as the sum of its p,p-dicofol and o,p-dicofol isomers: 4 chloro-α-(4-chlorophenyl)-α-(trichloromethyl)benzenemethanol and 2-chloro-α-(4 chlorophenyl)-α-(trichloromethyl)benzenemethanol, in or on the commodity. Commodity Parts per million Commodity Parts per million Expiration/revocation date https://www.federalregister.gov/citation/78-FR-30218 https://www.federalregister.gov/citation/80-FR-77260 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 196/1218 Chestnut 0.1 10/31/16 Citrus, dried pulp 12.0 10/31/16 Citrus oil 200.0 10/31/16 Cotton, re�ned oil 0.5 10/31/16 Cotton, undelinted seed 0.1 10/31/16 Fruit, citrus, group 10 6.0 10/31/16 Fruit, pome, group 11 10.0 10/31/16 Fruit, stone, group 12 5.0 10/31/16 Grape 5.0 10/31/16 Grape, raisin 20.0 10/31/16 Hazelnut 0.1 10/31/16 Hop, dried cones 65.0 10/31/16 Nut, hickory 0.1 10/31/16 Nut, macadamia 0.1 10/31/16 Pecan 0.1 10/31/16 Peppermint, oil 30.0 10/31/16 Peppermint, tops 25.0 10/31/16 Spearmint, oil 30.0 10/31/16 Spearmint, tops 25.0 10/31/16 Strawberry 10.0 10/31/16 Tea, dried 50.0 None Tea, plucked leaves 30.0 None Commodity Parts per million Expiration/revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 197/1218 Vegetable, cucurbit, group 9 2.0 10/31/16 Vegetable, fruiting, group 8 2.0 10/31/16 Walnut 0.1 10/31/16 Cattle, fat 50.0 10/31/16 Cattle, liver 5.0 10/31/16 Cattle, meat 3.0 10/31/16 Cattle, meat byproducts, except liver 3.0 10/31/16 Egg 0.05 10/31/16 Goat, fat 50.0 10/31/16 Goat, liver 5.0 10/31/16 Goat, meat 3.0 10/31/16 Goat, meat byproducts, except liver 3.0 10/31/16 Hog, fat 50.0 10/31/16 Hog, liver 5.0 10/31/16 (2) Tolerances are established for residues of the insecticide dicofol, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of p,p-dicofol, 4-chloro-α-(4-chlorophenyl)-α (trichloromethyl)benzenemethanol, its isomer o,p-dicofol, 2-chloro-α-(4 chlorophenyl)-α-(trichloromethyl)benzenemethanol, and its metabolites 4-chloro-α (4-chlorophenyl)-α-(dichloromethyl)benzenemethanol and 2-chloro-α-(4 chlorophenyl)-α-(dichloromethyl)benzenemethanol, calculated as the stoichiometric equivalent of p,p-dicofol, 4-chloro-α-(4-chlorophenyl)-α (trichloromethyl)benzenemethanol, in or on the commodity. Commodity Parts per million Expiration/revocation date Commodity Parts per million Expiration/Revocation Date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 198/1218 Hog, meat 3.0 10/31/16 Hog, meat byproducts, except liver 3.0 10/31/16 Horse, fat 50.0 10/31/16 Horse, liver 5.0 10/31/16 Horse, meat 3.0 10/31/16 Horse, meat byproducts, except liver 3.0 10/31/16 Milk, fat (re�ecting 0.75 ppm in whole milk) 22.0 10/31/16 Poultry, fat 0.1 10/31/16 Poultry, meat 0.1 10/31/16 Poultry, meat byproducts 0.1 10/31/16 Sheep, fat 50.0 10/31/16 Sheep, liver 5.0 10/31/16 Sheep, meat 3.0 10/31/16 Sheep, meat byproducts, except liver 3.0 10/31/16 [63 FR 34826, June 26, 1998, as amended at 72 FR 35665, June 29, 2007; 72 FR 41928, Aug. 1, 2007; 77 FR 59124, Sept. 26, 2012] § 180.169 Carbaryl; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million Expiration/Revocation Date https://www.federalregister.gov/citation/63-FR-34826 https://www.federalregister.gov/citation/72-FR-35665 https://www.federalregister.gov/citation/72-FR-41928 https://www.federalregister.gov/citation/77-FR-59124 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 199/1218 Alfalfa, forage 50 None Alfalfa, hay 75 None Almond, hulls 50 None Apple, wet pomace 15 None Asparagus 15 None Banana 5.0 None Beet, sugar, roots 0.5 None Beet, sugar, tops 25 None Bushberry subgroup 13-07B 3.0 None Cabbage 21 None Cactus, fruit 5.0 None Cactus, pads 12 None Caneberry subgroup 13-07A 12.0 None Citrus, oil 20 None Clover, forage 50 None Clover, hay 70 None Corn, �eld, forage 30 None Corn, �eld, grain 0.02 None Corn, �eld, stover 20 None Corn, pop, grain 0.02 None Corn, pop, stover 20 None (1) Tolerances are established for residues of the insecticide carbaryl, 1-naphthyl N methylcarbamate per se, in or on the following food commodities: Commodity Parts per million Expiration/revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 200/1218 Corn, sweet, forage 185 None Corn, sweet, kernel plus cob with husks removed 0.1 None Corn, sweet, stover 215 None Cotton, undelinted seed 5.0 10/31/09 Cranberry 3.0 None Dandelion, leaves 22 None Endive 10 None Flax, seed 0.5 None Fruit, citrus, group 10 10 None Fruit, pome, group 11 12 None Fruit, stone, group 12 10 None Grain, aspirated fractions 70 None Grape 10 None Grape, raisin 12 None Grass, forage 100 None Grass, hay 15 None Leaf petiole subgroup 4B 3.0 None Lettuce 10 None Millet, proso, grain 1.0 None Millet, proso, straw 20 None Nut, tree group 14, except walnut 0.1 None Okra 4.0 None Commodity Parts per million Expiration/revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 201/1218 Olive 10 None Oyster 0.25 None Parsley, leaves 22 None Pea and bean, dried shelled, except soybean, subgroup 6C 1.0 None Peanut 0.05 None Peanut, hay 20 None Pineapple 2.0 None Pistachio 0.1 None Rice, grain 15 None Rice, hulls 30 None Sorghum grain, forage 30 None Sorghum grain, grain 10 None Sorghum grain, stover 30 None Soybean, forage 15 None Soybean, hay 15 None Soybean, seed 0.5 None Spinach 22 None Strawberry 4.0 None Sun�ower, seed 0.5 None Sweet potato, roots 0.2 None Trefoil, forage 15 None Trefoil, hay 25 None Commodity Parts per million Expiration/revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 202/1218 Vegetable, brassica, leafy, group 5, except cabbage 10 None Vegetable, cucurbit, group 9 3.0 None Vegetable, foliage of legume, subgroup 7A, except soybean 60 None Vegetable, fruiting, group 8 5.0 None Vegetable, leaves of root and tuber, group 2, except sugar beet tops 75 None Vegetable, legume, edible podded, subgroup 6A 10 None Vegetable, root and tuber, group 1, except sugar beet and sweet potato 2.0 None Walnut 1.0 None Wheat, forage 30 None Wheat, grain 1.0 None Wheat, hay 30 None Wheat, straw 20 None Cattle, fat 0.5 None Cattle, meat 1.0 None Cattle, meat byproducts 3.0 None (2) Tolerances are established for residues of the insecticide carbaryl, 1-naphthyl N methylcarbamate, including its metabolites: 1-naphthol (naphthyl-sulfate); 5,6 dihydrodihydroxycarbaryl; and 5,6-dihydrodihydroxy naphthol, calculated as 1 naphthyl N-methylcarbamate and the free and conjugated residues of carbaryl: 5,6 dihydro-5,6-dihydroxy carbaryl and 5-methoxy-6-hydroxy carbaryl, in or on the following food commodities: Commodity Parts per million Expiration/revocation date Commodity Parts per million Expiration/revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 203/1218 Egg 0.5 10/31/09 Goat, fat 0.5 None Goat, meat 1.0 None Goat, meat byproducts 3.0 None Hog, fat 0.5 None Hog, meat 1.0 None Hog, meat byproducts 3.0 None Horse, fat 0.5 None Horse, meat 1.0 None Horse, meat byproducts 3.0 None Milk 1.0 None Poultry, fat 5.0 10/31/09 Poultry, meat 5.0 10/31/09 Sheep, fat 0.5 None Sheep, meat 1.0 None Sheep, meat byproducts 3.0 None Dillweed, fresh leaves 0.2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations, as de�ned in § 180.1(l), are established for residues of the insecticide carbaryl, 1-naphthyl N methylcarbamate per se, in or on the following food commodities: (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Expiration/revocation date Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 204/1218 [65 FR 33695, May 24, 2000, as amended at 66 FR 38955, July 26, 2001; 67 FR 49615, July 31, 2002; 70 FR 44492, Aug. 3, 2005; 73 FR 52611, Sept. 10, 2008; 74 FR 10490, Mar. 11, 2009; 80 FR 72597, Nov. 20, 2015] § 180.172 Dodine; tolerances for residues. Almond, hull 30.0 Apple 5.0 Apple, wet pomace 15.0 Banana 0.50 Fruit, stone, crop group 12 5.0 Nuts, tree, crop group 14 0.3 Peanut 0.013 Pear 5.0 Strawberry 5.0 [72 FR 52017, Sept. 12, 2007, as amended at 73 FR 45634, Aug. 6, 2008; 77 FR 72237, Dec. 5, 2012] § 180.175 Maleic hydrazide; tolerances for residues. (a) General. Tolerances are established for residues of the fungicide dodine, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only dodine, N-dodecylguanidine acetate; in or on the following commodities. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances for residues of the herbicide and plant regulator maleic hydrazide (1,2 dihydro-3,6-pyridazinedione) are established in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33695 https://www.federalregister.gov/citation/66-FR-38955 https://www.federalregister.gov/citation/67-FR-49615 https://www.federalregister.gov/citation/70-FR-44492 https://www.federalregister.gov/citation/73-FR-52611 https://www.federalregister.gov/citation/74-FR-10490 https://www.federalregister.gov/citation/80-FR-72597 https://www.federalregister.gov/citation/72-FR-52017 https://www.federalregister.gov/citation/73-FR-45634 https://www.federalregister.gov/citation/77-FR-72237 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 205/1218 Onion, bulb 15.0 Potato 50.0 [62 FR 64293, Dec. 5, 1997, as amended at 64 FR 11792, Mar. 10, 1999; 67 FR 35048, May 17, 2002] § 180.176 Mancozeb; tolerances for residues. Almond 0.1 Almond, hulls 4 Apple 0.6 Asparagus 0.1 Atemoya 3.0 Banana 2 (2) A food additive known as maleic hydrazide (1,2-dihydro-3,6-pyridazinedione) may be present in potato, chips when used in accordance with the following conditions: (i) The food additive is present as a result of the application of a pesticide formulation containing maleic hydrazide to the growing potato plant in accordance with directions registered by the U.S. Environmental Protection Agency. (ii) The label of the pesticide formulation containing the food additive conforms to labeling registered by the U.S. Environmental Protection Agency. (iii) The food additive is present in an amount not to exceed 160 parts per million by weight of the �nished food. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of mancozeb (a coordination product of zinc ion and maneb (manganese ethylenebisdithiocarbamate)), including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only those mancozeb residues convertible to and expressed in terms of the degradate carbon disul�de. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/62-FR-64293 https://www.federalregister.gov/citation/64-FR-11792 https://www.federalregister.gov/citation/67-FR-35048 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 206/1218 Barley, bran 2 Barley, �our 1.2 Barley, grain 1 Barley, hay 30 Barley, pearled barley 20 Barley, straw 25 Beet, sugar, dried pulp 3.0 Beet, sugar, roots 1.2 Beet, sugar, tops 60 Broccoli 7 Cabbage 9 Canistel 15.0 Cattle, kidney 0.5 Cattle, liver 0.5 Cherimoya 3.0 Corn, �eld, forage 40 Corn, �eld, grain 0.06 Corn, �eld, stover 15 Corn, pop, grain 0.1 Corn, pop, stover 40 Corn, sweet, forage 70 Corn, sweet, kernel plus cob with husks removed 0.1 Corn, sweet, stover 40 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 207/1218 Cotton, undelinted seed 0.5 Crabapple 0.6 Cranberry 5 Custard apple 3.0 Fennel 2.5 Flax, seed 0.15 Ginseng 1.2 Goat, kidney 0.5 Goat, liver 0.5 Grape 1.5 Hog, kidney 0.5 Hog, liver 0.5 Horse, kidney 0.5 Horse, liver 0.5 Lettuce, head 3.5 Lettuce, leaf 18 Mango 15.0 Oat, �our 1.2 Oat, grain 1 Oat, groats/rolled oats 20 Oat, hay 30 Oat, straw 25 Onion, bulb 1.5 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 208/1218 Papaya 9 Peanut 0.1 Peanut, hay 65 Pear 0.6 Pepper 12 Potato 0.2 Poultry, kidney 0.5 Poultry, liver 0.5 Quince 0.6 Rice, grain 0.06 Rye, bran 2 Rye, �our 1.2 Rye, grain 1 Rye, straw 25 Sapodilla 15.0 Sapote, mamey 15.0 Sapote, white 15.0 Sheep, kidney 0.5 Sheep, liver 0.5 Sorghum, grain, forage 0.15 Sorghum, grain, grain 0.25 Sorghum, grain, stover 0.15 Star apple 15.0 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 209/1218 Sugar apple 3.0 Tangerine 10 Tomato 2.5 Vegetable, cucurbit, group 9 2.0 Walnut 0.70 Wheat, bran 2 Wheat, �our 1.2 Wheat, germ 20 Wheat, grain 1 Wheat, hay 30 Wheat, middlings 20 Wheat, shorts 2 Wheat, straw 25 There are no U.S. registrations for use of mancozeb on tangerine. Carrot, roots 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with regional registrations, as de�ned in § 180.1(l), is established for residues of the fungicide mancozeb, (a coordination product of zinc ion and maneb (manganese ethylenebisdithiocarbamate)), including its metabolites and degradates, in or on the commodity in the following table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only those mancozeb residues convertible to and expressed in terms of the degradate carbon disul�de. (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 210/1218 [65 FR 33708, May 24, 2000, as amended at 65 FR 49924, Aug. 16, 2000; 66 FR 64773, Dec. 14, 2001; 68 FR 2247, Jan. 16, 2003; 69 FR 29458, May 24, 2004; 71 FR 76199, Dec. 20, 2006; 74 FR 46372, Sept. 9, 2009; 75 FR 770, Jan. 6, 2010; 75 FR 50913, Aug. 18, 2010; 76 FR 18915, Apr. 6, 2011; 78 FR 44455, July 24, 2013; 79 FR 27501, May 14, 2014; 80 FR 72597, Nov. 20, 2015] ยง 180.178 Ethoxyquin; tolerances for residues. Pear 3 [63 FR 57073, Oct. 26, 1998] ยง 180.181 Chlorpropham; tolerances for residues. Potato 30 Potato, wet peel 40 Cattle, fat 0.20 Cattle, kidney 0.30 (a) General. A tolerance is established for residues of the plant regulator ethoxyquin (1,2 dihydro-6-ethoxy-2,2,4-trimethylquinoline) from preharvest or postharvest use in or on the following commodity: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the plant regulator and herbicide chlorpropham (isopropyl m-chlorocarbanilate (CIPC) in or on the following food commodities: (2) Tolerances are established for the combined residues of the plant regulator and herbicide chlorpropham (isopropyl m-chlorocarbanilate (CIPC) and its metabolite 4 hydroxychlorpropham-O-sulfonic acid (4-HSA) in or on the following food commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33708 https://www.federalregister.gov/citation/65-FR-49924 https://www.federalregister.gov/citation/66-FR-64773 https://www.federalregister.gov/citation/68-FR-2247 https://www.federalregister.gov/citation/69-FR-29458 https://www.federalregister.gov/citation/71-FR-76199 https://www.federalregister.gov/citation/74-FR-46372 https://www.federalregister.gov/citation/75-FR-770 https://www.federalregister.gov/citation/75-FR-50913 https://www.federalregister.gov/citation/76-FR-18915 https://www.federalregister.gov/citation/78-FR-44455 https://www.federalregister.gov/citation/79-FR-27501 https://www.federalregister.gov/citation/80-FR-72597 https://www.federalregister.gov/citation/63-FR-57073 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 211/1218 Cattle, meat 0.06 Cattle, meat byproducts except kidney 0.06 Goat, fat 0.20 Goat, kidney 0.30 Goat, meat 0.06 Goat, meat byproducts except kidney 0.06 Hog, fat 0.20 Hog, kidney 0.30 Hog, meat 0.06 Hog, meat byproducts except kidney 0.06 Horse, fat 0.20 Horse, kidney 0.30 Horse, meat 0.06 Horse, meat byproducts except kidney 0.06 Milk 0.30 Sheep, fat 0.20 Sheep, kidney 0.30 Sheep, meat 0.06 Sheep, meat byproducts except kidney 0.06 [43 FR 52487, Nov. 13, 1978, as amended at 63 FR 57073, Oct. 26, 1998; 72 FR 37653, July 11, 2007] ยง 180.182 Endosulfan; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/43-FR-52487 https://www.federalregister.gov/citation/63-FR-57073 https://www.federalregister.gov/citation/72-FR-37653 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 212/1218 Almond 0.3 7/31/12 Almond, hulls 1.0 7/31/12 Apricot 2.0 7/31/12 Bean 2.0 7/31/12 Broccoli 3.0 7/31/12 Brussels sprouts 2.0 7/31/12 Cabbage 4.0 7/31/12 Cantaloupe 1.0 7/31/12 Carrot, roots 0.2 7/31/12 Cattle, fat 13.0 7/31/16 Cattle, liver 5.0 7/31/16 Cattle, meat 2.0 7/31/16 Cattle, meat byproducts, except liver 1.0 7/31/16 Cauli�ower 2.0 7/31/12 Celery 8.0 7/31/12 Cherry, sweet 2.0 7/31/12 Cherry, tart 2.0 7/31/12 (a) (1) General. Tolerances are established for residues of the insecticide endosulfan, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of endosulfan, 6,7,8,9,10,10-hexachloro 1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin 3-oxide (alpha and beta isomers), and its metabolite endosulfan sulfate, 6,7,8,9,10,10-hexachloro 1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin-3,3-dioxide, calculated as the stoichiometric equivalent of endosulfan, in or on the commodity. Commodity Parts per million Expiration/ revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 213/1218 Collards 2.0 7/31/12 Cotton, gin byproducts 30.0 7/31/12 Cotton, undelinted seed 1.0 7/31/12 Cucumber 1.0 7/31/12 Eggplant 1.0 7/31/12 Goat, fat 13.0 7/31/16 Goat, liver 5.0 7/31/16 Goat, meat 2.0 7/31/16 Goat, meat byproducts, except liver 1.0 7/31/16 Hazelnut 0.2 7/31/12 Hog, fat 13.0 7/31/16 Hog, liver 5.0 7/31/16 Hog, meat 2.0 7/31/16 Hog, meat byproducts, except liver 1.0 7/31/16 Horse, fat 13.0 7/31/16 Horse, liver 5.0 7/31/16 Horse, meat 2.0 7/31/16 Horse, meat byproducts, except liver 1.0 7/31/16 Kale 2.0 7/31/12 Lettuce, head 11.0 7/31/12 Lettuce, leaf 6.0 7/31/12 Milk, fat 2.0 7/31/16 Commodity Parts per million Expiration/ revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 214/1218 Muskmelon 1.0 7/31/12 Mustard greens 2.0 7/31/12 Mustard, seed 0.2 7/31/12 Nectarine 2.0 7/31/12 Nut, macadamia 0.2 7/31/12 Peach 2.0 7/31/12 Pear 2.0 7/31/13 Pineapple 1.0 7/31/16 Pineapple, process residue 20.0 7/31/16 Plum 2.0 7/31/12 Plum, prune 2.0 7/31/12 Sheep, fat 13.0 7/31/16 Sheep, liver 5.0 7/31/16 Sheep, meat 2.0 7/31/16 Sheep, meat byproducts, except liver 1.0 7/31/16 Squash, summer 1.0 7/31/12 Strawberry 2.0 7/31/16 Sweet potato, roots 0.15 7/31/12 Walnut 0.2 7/31/12 Watermelon 1.0 7/31/12 (2) A tolerance is established for the combined residues of the insecticide endosulfan, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano-2, 4,3 benzodioxathiepin-3-oxide (alpha and beta isomers), and its metabolite endosulfan sulfate, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano-2, 4,3 benzodioxathiepin-3,3-dioxide in or on the commodity in the following table: Commodity Parts per million Expiration/ revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 215/1218 Tea, dried 24 (re�ecting less than 0.1 ppm in beverage tea) resulting from application of the insecticide to growing tea 7/31/16 Apple 1.0 12/31/14 Apple, wet pomace 5.0 12/31/14 Blueberry 0.3 12/31/14 Corn, sweet, forage 12.0 12/31/14 Corn, sweet, kernel plus cob with husks removed 0.2 12/31/14 Corn, sweet, stover 14.0 12/31/14 Pepper 2.0 12/31/14 Potato 0.2 12/31/14 Pumpkin 1.0 12/31/14 Squash, winter 1.0 12/31/14 Tomato 1.0 12/31/14 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. (1) Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the insecticide endosulfan, including its metabolites and degradates, in or on the commodities in the table in this paragraph, when endosulfan is used in the state of Florida. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of endosulfan, 6,7,8,9,10,10-hexachloro 1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin 3-oxide (alpha and beta isomers), and its metabolite endosulfan sulfate, 6,7,8,9,10,10-hexachloro 1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin-3,3-dioxide, calculated as the stoichiometric equivalent of endosulfan, in or on the commodity. Commodity Parts per million Expiration/ revocation date Commodity Parts per million Expiration/ revocation date https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 216/1218 Apple 1.0 7/31/15 Apple, wet pomace 5.0 7/31/15 Blueberry 0.3 7/31/15 Corn, sweet, forage 12.0 7/31/15 Corn, sweet, kernel plus cob with husks removed 0.2 7/31/15 Corn, sweet, stover 14.0 7/31/15 Pepper 2.0 7/31/15 Potato 0.2 7/31/15 Pumpkin 1.0 7/31/15 Squash, winter 1.0 7/31/15 Tomato 1.0 7/31/15 [65 FR 33696, May 24, 2000, as amended at 71 FR 54433, Sept. 15, 2006; 76 FR 56653, Sept. 14, 2011; 78 FR 8409, Feb. 6, 2013] § 180.183 Disulfoton; tolerances for residues. (2) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the insecticide endosulfan, including its metabolites and degradates, in or on the commodities in the table in this paragraph, when endosulfan is used in the United States (except Florida). Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of endosulfan, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a hexahydro-6,9-methano-2,4,3-benzodioxathiepin 3-oxide (alpha and beta isomers), and its metabolite endosulfan sulfate, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a hexahydro-6,9-methano-2,4,3-benzodioxathiepin-3,3-dioxide, calculated as the stoichiometric equivalent of endosulfan, in or on the commodity. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide disulfoton, O,O-diethyl S-(2-(ethylthio)ethyl) phosphorodithioate, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of disulfoton, O,O-diethyl Commodity Parts per million Expiration/ revocation date https://www.federalregister.gov/citation/65-FR-33696 https://www.federalregister.gov/citation/71-FR-54433 https://www.federalregister.gov/citation/76-FR-56653 https://www.federalregister.gov/citation/78-FR-8409 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 217/1218 Bean, lima 0.75 12/31/13 Bean, snap, succulent 0.75 12/31/13 Broccoli 0.75 12/31/13 Brussels sprouts 0.75 12/31/13 Cabbage 0.75 12/31/13 Cauli�ower 0.75 12/31/13 Coffee, green bean 0.2 6/30/14 Cotton, undelinted seed 0.75 12/31/13 Lettuce, head 0.75 12/31/14 Lettuce, leaf 2 12/31/14 Asparagus 0.1 12/31/13 S-(2-(ethylthio)ethyl) phosphorodithioate, and its metabolites demeton-S, O,O-diethyl S-(2 (ethylthio)ethyl) phosphorothioate; disulfoton sulfoxide, O,O-diethyl S-(2 (ethylsul�nyl)ethyl) phosphorodithioate; disulfoton oxygen analog sulfoxide, O,O-diethyl S (2-(ethylsul�nyl)ethyl) phosphorothioate, disulfoton sulfone, O,O-diethyl S-(2 (ethylsulfonyl)ethyl) phosphorodithioate; and disulfoton oxygen analog sulfone, O,O diethyl S-(2-(ethylsulfonyl)ethyl) phosphorothioate; calculated as the stoichiometric equivalent of disulfoton, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with regional registration is established for residues of the insecticide disulfoton, O,O-diethyl S-(2-(ethylthio)ethyl) phosphorodithioate, including its metabolites and degradates, in or on the commodity in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of disulfoton, O,O-diethyl S-(2-(ethylthio)ethyl) phosphorodithioate, and its metabolites demeton-S, O,O-diethyl S-(2-(ethylthio)ethyl) phosphorothioate; disulfoton sulfoxide, O,O-diethyl S-(2-(ethylsul�nyl)ethyl) phosphorodithioate; disulfoton oxygen analog sulfoxide, O,O-diethyl S-(2 (ethylsul�nyl)ethyl) phosphorothioate, disulfoton sulfone, O,O-diethyl S-(2 (ethylsulfonyl)ethyl) phosphorodithioate; and disulfoton oxygen analog sulfone, O,O diethyl S-(2-(ethylsulfonyl)ethyl) phosphorothioate; calculated as the stoichiometric equivalent of disulfoton, in or on the commodity. Commodity Parts per million Expiration/Revocation Date Commodity Parts per million Expiration/Revocation Date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 218/1218 [63 FR 2165, Jan. 14, 1998, as amended at 63 FR 57073, Oct. 26, 1998; 66 FR 38955, July 26, 2001; 67 FR 41806, June 19, 2002; 67 FR 49615, July 31, 2002; 70 FR 44492, Aug. 3, 2005; 73 FR 54960, Sept. 24, 2008; 74 FR 46697, Sept. 11, 2009; 75 FR 60240, Sept. 29, 2010] § 180.184 Linuron; tolerances for residues. Asparagus 7.0 Carrot, roots 1.0 Cattle, fat 0.2 Cattle, kidney 2.0 Cattle, liver 2.0 Cattle, meat 0.1 Cattle, meat byproducts except kidney and liver 0.1 Celeriac 1.0 Cilantro, dried leaves 10 Cilantro, fresh leaves 3.0 Coriander, seed 0.01 Corn, �eld, forage 1.0 Corn, �eld, grain 0.1 Corn, �eld, stover 6.0 Corn, sweet, forage 1.0 Corn, sweet, kernel plus cob with husks removed 0.25 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide linuron (3-(3,4 dichlorophenyl)-1-methoxy-1-methylurea), including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only those linuron residues convertible to 3,4 dichloroaniline, calculated as the stoichiometric equivalent of linuron, in or on the commodity: Commodity Parts per million https://www.federalregister.gov/citation/63-FR-2165 https://www.federalregister.gov/citation/63-FR-57073 https://www.federalregister.gov/citation/66-FR-38955 https://www.federalregister.gov/citation/67-FR-41806 https://www.federalregister.gov/citation/67-FR-49615 https://www.federalregister.gov/citation/70-FR-44492 https://www.federalregister.gov/citation/73-FR-54960 https://www.federalregister.gov/citation/74-FR-46697 https://www.federalregister.gov/citation/75-FR-60240 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 219/1218 Corn, sweet, stover 6.0 Cotton, gin byproducts 5.0 Cotton, undelinted seed 0.25 Dill, oil 2.0 Dill, seed 0.5 Dillweed, dried leaves 5.0 Dillweed, fresh leaves 1.5 Goat, fat 0.2 Goat, kidney 2.0 Goat, liver 2.0 Goat, meat 0.1 Goat, meat byproducts except kidney and liver 0.1 Hog, fat 0.05 Hog, meat 0.05 Hog, meat byproducts 0.1 Horse, fat 0.2 Horse, kidney 2.0 Horse, liver 2.0 Horse, meat 0.1 Horse, meat byproducts except kidney and liver 0.1 Horseradish 0.05 Milk 0.05 Parsley, dried leaves 9.0 Parsley, leaves 4.0 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 220/1218 Parsnip, roots 0.05 Parsnip, tops 0.05 Pea, dry, seed 0.09 Rhubarb 0.5 Sheep, fat 0.2 Sheep, kidney 2.0 Sheep, liver 2.0 Sheep, meat 0.1 Sheep, meat byproducts except kidney and liver 0.1 Sorghum, grain, forage 1.0 Sorghum, grain, grain 0.25 Sorghum, grain, stover 1.0 Soybean, seed 1.0 Soybean, vegetable 1.0 Lentil 0.1 12/31/14 (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of the herbicide linuron [3-(3,4-dichlorophenyl)-1-methoxy-1-methylurea], including its metabolites and degradates, in or on the commodities in the table below, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance levels speci�ed below is to be determined by measuring only those linuron residues convertible to 3.4-dichloroaniline, calculated as the stoichiometric equivalent of linuron, in or on the commodity. The tolerance expires and is revoked on the date speci�ed in the table. (c) Tolerances with regional registrations. Tolerances with regional registrations, as de�ned in § 180.1(l), are established for residues of the herbicide linuron (3-(3,4-dichlorophenyl)-1 methoxy-1-methylurea), including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is Commodity Parts per million Commodity Parts per million Expiration/revocation date https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 221/1218 Celery 0.5 Potato 0.2 Wheat, forage 0.5 Wheat, grain 0.05 Wheat, hay 0.5 Wheat, straw 2.0 [64 FR 41822, Aug. 2, 1999, as amended at 72 FR 37653, July 11, 2007; 73 FR 51727, Sept. 5, 2008; 76 FR 81396, Dec. 28, 2011; 79 FR 8307, Feb. 12, 2014] ยง 180.185 DCPA; tolerances for residues. Cantaloupe 1.0 Garlic 1.0 Ginseng 2.0 Horseradish 2.0 Muskmelon 1.0 Onion, bulb 1.0 Onion, green 1.0 Strawberry 2.0 to be determined by measuring only those linuron residues convertible to 3,4 dichloroaniline, calculated as the stoichiometric equivalent of linuron, in or on the commodity. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances for the combined residues of the herbicide dimethyl tetrachloroterephthalate (DCPA) and its metabolites monomethyltetrachloroterephthalate (MTP) and tetrachloroterephthalic acid (TCP) (calculated as dimethyl tetrachloroterephthalate) are established in or on the following food commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/64-FR-41822 https://www.federalregister.gov/citation/72-FR-37653 https://www.federalregister.gov/citation/73-FR-51727 https://www.federalregister.gov/citation/76-FR-81396 https://www.federalregister.gov/citation/79-FR-8307 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 222/1218 Tomato 1.0 Vegetable, brassica, leafy, group 5 5.0 Watermelon 1.0 Radish, roots 2.0 Radish, tops 15.0 Basil, dried leaves 20.0 Basil, fresh leaves 5.0 Bean, dry 2.0 Bean, mung, seed 2.0 Bean, snap, succulent 2.0 Celeriac 2.0 Chicory, roots 2.0 Chicory, tops 5.0 Chive 5.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for the combined inadvertent residues of the herbicide dimethyl tetrachloroterephthalate (DCPA) and its metabolites monomethyl tetrachloroterephthalate acid (MTP) and terachlorophthalic acid (TCP) (calculated as DCPA) in or on the following food commodities: (d) Indirect or inadvertent residues. Tolerances are established for the combined indirect or inadvertent residues of the herbicide dimethyl tetrachloroterephthalate (DCPA) and its metabolites monomethyl tetrachloroterephthalate acid (MTP) and terachlorophthalic acid (TCP) (calculated as DCPA) in or on the following food commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 223/1218 Coriander, leaves 5.0 Corn, �eld, forage 0.4 Corn, �eld, grain 0.05 Corn, �eld, stover 0.4 Corn, pop, forage 0.4 Corn, pop, grain 0.05 Corn, pop, stover 0.4 Corn, sweet, forage 0.4 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 0.4 Cotton, undelinted seed 0.2 Cucumber 1.0 Dill 5.0 Eggplant 1.0 Lettuce 2.0 Marjoram 5.0 Parsley, dried leaves 20.0 Parsley, leaves 5.0 Pea, blackeyed, seed 2.0 Pepper 2.0 Pimento 2.0 Potato 2.0 Radicchio 5.0 Radish, oriental, roots 2.0 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 224/1218 Radish, oriental, tops 2.0 Rutabaga 2.0 Soybean 2.0 Squash, summer 1.0 Squash, winter 1.0 Sweet potato 2.0 Turnip, roots 2.0 Turnip, tops 5.0 Yam, true, tuber 2.0 [72 FR 52018, Sept. 12, 2007, as amended at 73 FR 53737, Sept. 17, 2008; 73 FR 80302, Dec. 31, 2008; 74 FR 14744, Apr. 1, 2009] ยง 180.189 Coumaphos; tolerances for residues. Cattle, fat 1.0 Cattle, meat 1.0 Cattle, meat byproducts 1.0 Goat, fat 1.0 Goat, meat 1.0 Goat, meat byproducts 1.0 Hog, fat 1.0 Hog, meat 1.0 (a) General. Tolerances for residues of the insecticide coumaphos (O,O-diethyl O-3-chloro-4 methyl-2-oxo-2H-1-benzopyran-7-yl phosphorothioate and its oxygen analog (O,O-diethyl O-3-chloro-4-methyl-2-oxo-2H-1-benzopyran-7-yl phosphate) in or on food commodities as follows: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-52018 https://www.federalregister.gov/citation/73-FR-53737 https://www.federalregister.gov/citation/73-FR-80302 https://www.federalregister.gov/citation/74-FR-14744 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 225/1218 Hog, meat byproducts 1.0 Honey 0.15 Honeycomb 45.0 Horse, fat 1.0 Horse, meat 1.0 Horse, meat byproducts 1.0 Milk, fat ( = n in whole milk) 0.5 Sheep, fat 1.0 Sheep, meat 1.0 Sheep, meat byproducts 1.0 [64 FR 39077, July 21, 1999, as amended at 65 FR 49936, Aug. 16, 2000; 67 FR 46883, July 17, 2002; 69 FR 29458, May 24, 2004; 72 FR 28876, May 23, 2007] ยง 180.190 Diphenylamine; tolerances for residues. Apple, wet pomace 30.0 Apple from preharvest or postharvest use, including use of impregnated wraps 10.0 Cattle, fat 0.01 Cattle, liver 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances for residues of the plant regulator diphenylamine are established in or on the following commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/64-FR-39077 https://www.federalregister.gov/citation/65-FR-49936 https://www.federalregister.gov/citation/67-FR-46883 https://www.federalregister.gov/citation/69-FR-29458 https://www.federalregister.gov/citation/72-FR-28876 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 226/1218 Cattle, meat byproducts, except liver 0.01 Cattle, meat 0.01 Goat, fat 0.01 Goat, liver 0.1 Goat, meat byproducts, except liver 0.01 Goat, meat 0.01 Horse, fat 0.01 Horse, liver 0.1 Horse, meat byproducts, except liver 0.01 Horse, meat 0.01 Milk 0.01 Pear (post harvest) 5.0 Sheep, fat 0.01 Sheep, liver 0.1 Sheep, meat byproducts, except liver 0.01 Sheep, meat 0.01 [64 FR 25848, May 13, 1999, as amended at 66 FR 63198, Dec. 5, 2001; 72 FR 16283, Apr. 4, 2007; 76 FR 34885, June 15, 2011] ยง 180.191 Folpet; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the fungicide folpet (N (trichloromethylthio)phthalimide) in or on raw agricultural commodities as follows: Commodity Parts per million https://www.federalregister.gov/citation/64-FR-25848 https://www.federalregister.gov/citation/66-FR-63198 https://www.federalregister.gov/citation/72-FR-16283 https://www.federalregister.gov/citation/76-FR-34885 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 227/1218 Apple 5.0 Cranberry 15.0 Cucumber 2.0 Grape 50.0 Grape, raisin 80.0 Hop, dried cones 120.0 Lettuce 50.0 Melon 3.0 Onion,bulb 2.0 Strawberry 5.0 Tomato 25.0 No U.S. registrations. Avocado 25.0 [61 FR 37222, July 17, 1996, as amended at 68 FR 10388, Mar. 5, 2003; 69 FR 52192, Aug. 25, 2004; 72 FR 41928, Aug. 1, 2007] § 180.198 Trichlorfon; tolerances for residues. 1 1 1 1 1 1 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations as de�ned in § 180.1(l) are established for the fungicide folpet (N-(trichloromethylthio)phthalimide) in or on the following raw agricultural commodity: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide trichlorfon (dimethyl (2,2,2-trichloro-1-hydroxyethyl) phosphonate) in or on the following food commodities: CommodityCommodity Parts per millionParts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/61-FR-37222 https://www.federalregister.gov/citation/68-FR-10388 https://www.federalregister.gov/citation/69-FR-52192 https://www.federalregister.gov/citation/72-FR-41928 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 228/1218 Cattle, fat 0.5 Cattle, meat 0.2 Cattle, meat byproducts 0.1 There are no U.S. registrations for cattle commodities as of June 24, 1999. [72 FR 54578, Sept. 26, 2007] § 180.200 Dicloran; tolerances for residues. Apricot 20 None Bean, snap, succulent 20 None Carrot, roots 10 11/2/11 Celery 15 None Cherry, sweet 20 None Cucumber 5 None Endive 10 None Garlic 5 None Grape 10 None Lettuce 10 None 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide dicloran, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only dicloran, 2,6-dichloro-4-nitroaniline, in or on the commodity. Commodity Parts per million Commodity Parts per million Expiration/revocation date https://www.federalregister.gov/citation/72-FR-54578 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 229/1218 Nectarine 20 None Onion 10 None Peach 20 None Plum, prune, fresh 15 None Potato 0.25 12/31/14 Rhubarb 10 None Sweet potato, roots 10 None Tomato 5 None [77 FR 40815, July 11, 2012] ยง 180.202 p-Chlorophenoxyacetic acid; tolerances for residues. Bean, mung, sprouts 0.2 [68 FR 39439, July 1, 2003, as amended at 71 FR 56398, Sept. 27, 2006] ยง 180.204 Dimethoate; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. A tolerance is established for the combined residues of the plant regulator p chlorophenoxyacetic acid and its metabolite p-chlorophenol to inhibit embryonic root development in or on the following food commodity: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Expiration/revocation date Commodity Parts per million https://www.federalregister.gov/citation/77-FR-40815 https://www.federalregister.gov/citation/68-FR-39439 https://www.federalregister.gov/citation/71-FR-56398 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 230/1218 Alfalfa, forage 2.0 Alfalfa, hay 2.0 Bean, dry, seed 2.0 Bean, lima 2.0 Bean, snap, succulent 2.0 Blueberry 1.0 Broccoli 2.0 Cattle, meat byproducts 0.02 Cauli�ower 2.0 Celery 2.0 Citrus, dried pulp 5.0 Corn, �eld, forage 1.0 Corn, �eld, grain 0.1 Corn, �eld, stover 1.0 Corn, pop, grain 0.1 Corn, pop, stover 1.0 Corn, sweet, forage 1.0 Cotton, undelinted seed 0.1 Egg 0.02 Endive 2.0 Goat, meat byproducts 0.02 (a) General. Tolerances are established for total residues of the insecticide dimethoate (O,O dimethyl S-(N- methylcarbamoylmethyl) phosphorodithioate) including its oxygen analog (O,O-dimethyl S-(N- methylcarbamoylmethyl) phosphorothioate) in or on the following food commodities: 1 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 231/1218 Grapefruit 2.0 Hog, meat byproducts 0.02 Horse, meat byproducts 0.02 Kale 2.0 Lemon 2.0 Lettuce, leaf 2.0 Melon 1.0 Milk 0.002 Mustard greens 2.0 Orange 2.0 Pea 2.0 Pear 2.0 Pecan 0.1 Pepper 2.0 Potato 0.2 Poultry, meat byproducts 0.02 Sa�ower, seed 0.1 Sheep, meat byproducts 0.02 Sorghum, grain, forage 0.1 Sorghum, grain, grain 0.1 Sorghum, grain, stover 0.1 Soybean, forage 2.0 Soybean, hay 2.0 Soybean, seed 0.05 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 232/1218 Swiss chard 2.0 Tangerine 2.0 Tomato 2.0 Turnip, roots 0.2 Turnip, tops 2.0 Wheat, forage 2.0 Wheat, grain 0.04 Wheat, hay 2.0 Wheat, straw 2.0 There are U.S. registrations as of August 16, 1996. Asparagus 0.15 Brussels sprouts 5.0 Cherry, sweet 2.0 Cherry, tart 2.0 [65 FR 33697, May 24, 2000, as amended at 69 FR 6567, Feb. 11, 2004; 73 FR 53737, Sept. 17, 2008] § 180.205 Paraquat; tolerances for residues. 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for total residues of dimethoate including its oxygen analog in or on the following food commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the desiccant, defoliant, and herbicide paraquat (1,1′-dimethyl-4,4′-bipyridinium-ion) derived from application of either the bis(methyl sulfate) or the dichloride salt (both calculated as the cation) in or on the following food commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33697 https://www.federalregister.gov/citation/69-FR-6567 https://www.federalregister.gov/citation/73-FR-53737 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 233/1218 Acerola 0.05 Almond, hulls 0.5 Animal feed, nongrass, group 18, forage 75.0 Animal feed, nongrass, group 18, hay 210.0 Artichoke, globe 0.05 Asparagus 0.5 Atemoya 0.05 Avocado 0.05 Banana 0.05 Barley, grain 0.05 Barley, hay 3.5 Barley, straw 1.0 Beet, sugar, roots 0.5 Beet, sugar, tops 0.05 Berry group 13 0.05 Biriba 0.05 Cacao bean, bean 0.05 Canistel 0.05 Carrot, roots 0.05 Cattle, fat 0.05 Cattle, kidney 0.5 Cattle, meat 0.05 Cattle, meat byproducts, except kidney 0.05 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 234/1218 Cherimoya 0.05 Coffee, bean, green 0.05 Corn, �eld, forage 3.0 Corn, �eld, grain 0.1 Corn, �eld, stover 10.0 Corn, pop, grain 0.1 Corn, pop, stover 10.0 Corn, sweet, kernel plus cob with husks removed 0.05 Cotton, gin byproducts 110.0 Cotton, undelinted seed 3.5 Cowpea, forage 0.1 Cowpea, hay 0.4 Cranberry 0.05 Custard apple 0.05 Egg 0.01 Endive 0.05 Feijoa 0.05 Fig 0.05 Fruit, citrus, group 10 0.05 Fruit, pome, group 11 0.05 Fruit, stone, group 12 0.05 Goat, fat 0.05 Goat, kidney 0.5 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 235/1218 Goat, meat 0.05 Goat, meat byproducts, except kidney 0.05 Grain, aspirated fractions 65.0 Grape 0.05 Grass, forage 90.0 Grass, hay 40.0 Guar, seed 0.5 Guava 0.05 Hog, fat 0.05 Hog, kidney 0.5 Hog, meat 0.05 Hog, meat byproducts, except kidney 0.05 Hop, dried cones 0.5 Horse, fat 0.05 Horse, kidney 0.5 Horse, meat 0.05 Horse, meat byproducts, except kidney 0.05 Ilama 0.05 Jaboticaba 0.05 Kiwifruit 0.05 Lentil, seed 0.3 Lettuce 0.05 Longan 0.05 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 236/1218 Lychee 0.05 Mango 0.05 Milk 0.01 Nut, tree, group 14 0.05 Okra 0.05 Olive 0.05 Onion, bulb 0.1 Onion, green 0.05 Papaya 0.05 Passionfruit 0.2 Pawpaw 0.05 Pea and bean, dried shelled, except soybean, subgroup 6C, except guar bean 0.3 Pea and bean, succulent shelled, subgroup 6B 0.05 Pea, �eld, hay 0.8 Pea, �eld, vines 0.2 Peanut 0.05 Peanut, hay 0.5 Peppermint, tops 0.5 Persimmon 0.05 Pineapple 0.05 Pineapple, process residue 0.25 Pistachio 0.05 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 237/1218 Pomegranate 0.05 Pulasan 0.05 Rambutan 0.05 Rhubarb 0.05 Rice, grain 0.05 Sa�ower, seed 0.05 Sapodilla 0.05 Sapote, black 0.05 Sapote, mamey 0.05 Sapote, white 0.05 Sheep, fat 0.05 Sheep, kidney 0.5 Sheep, meat 0.05 Sheep, meat byproducts, except kidney 0.05 Sorghum, forage, forage 0.1 Sorghum, grain, forage 0.1 Sorghum, grain, grain 0.05 Soursop 0.05 Soybean, forage 0.4 Soybean, hay 10.0 Soybean, hulls 4.5 Soybean, seed 0.7 Spanish lime 0.05 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 238/1218 Spearmint, tops 0.5 Star apple 0.05 Starfruit 0.05 Strawberry 0.25 Sugar apple 0.05 Sugarcane, cane 0.5 Sugarcane, molasses 3.0 Sun�ower, seed 2.0 Turnip, greens 0.05 Turnip, roots 0.05 Vegetable, brassica, leafy, group 5 0.05 Vegetable, cucurbit, group 9 0.05 Vegetable, fruiting, group 8 0.05 Vegetable, legume, edible podded, subgroup 6A 0.05 Vegetable, tuberous and corm, subgroup 1C 0.50 Wax jambu 0.05 Wheat, forage 0.5 Wheat, grain 1.1 Wheat, hay 3.5 Wheat, straw 50.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration as de�ned in § 180.1(l), are established for residues of the pesticide paraquat (1,1′-dimethyl-4,4′ bipyridinium ion) derived from application of either the bis(methyl sulfate) or the dichloride salt (both calculated as the cation) in or on the following food commodities: Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 239/1218 Pea, pigeon, seed 0.05 Taro, corm 0.1 Tyfon 0.05 [46 FR 51614, Oct. 21, 1981] § 180.206 Phorate; tolerances for residues. Bean, dry, seed 0.05 Bean, succulent 0.05 Beet, sugar, roots 0.3 Beet, sugar, tops 3.0 Coffee, green bean 0.02 Corn, �eld, forage 0.5 Corn, �eld, grain 0.05 Corn, sweet, forage 0.5 Corn, sweet, kernel plus cob with husks removed 0.05 Cotton, undelinted seed 0.05 Hop, dried cones 2.0 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the insecticide phorate (O,O-diethyl S (ethylthio) methyl]phosphorodithioate), phorate sulfoxide, phorate sulfone, phorate oxygen analog, phorate oxygen analog sulfoxide, and phorate oxygen analog sulfone in or on the following food commodities: 1 Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.205, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/46-FR-51614 https://www.ecfr.gov/current/title-40/section-180.205 http://www.govinfo.gov/ 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 240/1218 Peanut 0.1 Potato 0.2 Sorghum, grain, grain 0.05 Sorghum, grain, stover 0.1 Soybean, seed 0.05 Sugarcane, cane 0.05 Wheat, forage 1.5 Wheat, grain 0.05 Wheat, hay 1.5 Wheat, straw 0.05 There are no U.S. registrations as of September 1, 1993 for the use of phorate on the growing crop, coffee. [58 FR 62038, Nov. 24, 1993, as amended at 63 FR 2165, Jan. 14, 1998; 63 FR 57074, Oct. 26, 1998; 66 FR 50833, Oct. 5, 2001; 67 FR 49616, July 31, 2002; 71 FR 74816, Dec. 13, 2006; 73 FR 53738, Sept. 17, 2008] § 180.207 Tri�uralin; tolerances for residues. Alfalfa, forage 3.0 Alfalfa, hay 2.0 Almond, hulls 0.05 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of tri�uralin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only tri�uralin (2,6 dinitro-N,N-dipropyl-4-(tri�uoromethyl)benzenamine). Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/58-FR-62038 https://www.federalregister.gov/citation/63-FR-2165 https://www.federalregister.gov/citation/63-FR-57074 https://www.federalregister.gov/citation/66-FR-50833 https://www.federalregister.gov/citation/67-FR-49616 https://www.federalregister.gov/citation/71-FR-74816 https://www.federalregister.gov/citation/73-FR-53738 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 241/1218 Asparagus 0.05 Barley, grain 0.05 Barley, hay 0.05 Barley, straw 0.05 Bean, mung, sprouts 2.0 Carrot, roots 1.0 Celery 0.05 Corn, �eld, forage 0.05 Corn, �eld, grain 0.05 Corn, �eld, stover 0.05 Cotton, gin byproducts 0.05 Endive 0.05 Fruit, citrus, group 10 0.05 Fruit, stone, group 12 0.05 Grape 0.05 Hop, dried cones 0.05 Nut, tree, group 14 0.05 Oilseed, crop group 20 0.05 Okra 0.05 Peanut 0.05 Peanut, hay 0.05 Peppermint, oil 2.0 Peppermint, tops 0.05 Rosemary, dried leaves 0.10 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 242/1218 Rosemary, fresh leaves 0.10 Rosemary, oil 3.0 Sorghum, grain, forage 0.05 Sorghum, grain, grain 0.05 Sorghum, grain, stover 0.05 Spearmint, oil 2.0 Spearmint, tops 0.05 Sugarcane, cane 0.05 Vegetable, brassica, leafy group 5 0.05 Vegetable, bulb, group 3 0.05 Vegetable, cucurbit, group 9 0.05 Vegetable, foliage of legume, group 7 0.05 Vegetable, fruiting, group 8 0.05 Vegetable, leaves of root and tuber, group 2 0.05 Vegetable, legume, group 6 0.05 Vegetable, root and tuber, group 1, except carrot 0.05 Wheat, grain 0.05 Wheat, straw 0.05 [45 FR 42619, June 25, 1980, as amended at 45 FR 56346, Aug. 25, 1980; 45 FR 86493, Dec. 31, 1980; 46 FR 37250, July 20, 1981; 47 FR 13524, Mar. 31, 1982; 47 FR 20309, May 12, 1982; 63 FR 57074, Oct. 26, 1998; 64 FR 39082, July 21, 1999; 70 FR 21643, Apr. 27, 2005; 71 FR 54433, Sept. 15, 2006; 78 FR 46274, July 31, 2013; 84 FR 4351, Feb. 15, 2019] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/45-FR-42619 https://www.federalregister.gov/citation/45-FR-56346 https://www.federalregister.gov/citation/45-FR-86493 https://www.federalregister.gov/citation/46-FR-37250 https://www.federalregister.gov/citation/47-FR-13524 https://www.federalregister.gov/citation/47-FR-20309 https://www.federalregister.gov/citation/63-FR-57074 https://www.federalregister.gov/citation/64-FR-39082 https://www.federalregister.gov/citation/70-FR-21643 https://www.federalregister.gov/citation/71-FR-54433 https://www.federalregister.gov/citation/78-FR-46274 https://www.federalregister.gov/citation/84-FR-4351 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 243/1218 § 180.208 Ben�uralin; tolerances for residues. Alfalfa, forage 0.05 Alfalfa, hay 0.05 Clover, forage 0.05 Clover, hay 0.05 Lettuce 0.05 Trefoil, forage 0.05 Trefoil, hay 0.05 [68 FR 39439, July 1, 2003, as amended at 73 FR 52613, Sept. 10, 2008] § 180.209 Terbacil; tolerances for residues. Alfalfa, forage 1.0 Alfalfa, hay 2.0 Apple 0.3 Asparagus 0.4 Blueberry 0.2 (a) General. Tolerances are established for residues of the herbicide ben�uralin, N-butyl-N ethyl-ααα-tri�uoro-2,6-dinitro-p-toluidine, in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for combined residues of the herbicide terbacil, (3 tert-butyl-5-chloro-6-methyluracil) and its metabolites [3-tert-butyl-5-chloro-6 hydroxymethyluracil], [6-chloro-2,3-dihydro-7-hydroxymethyl 3,3-dimethyl-5H-oxazolo(3,2 a) pyrimidin-5-one], and [6-chloro-2,3-dihydro-3,3,7-trimethyl-5H-oxazolo(3,2-a) pyrimidin 5-one], calculated as terbacil, in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/68-FR-39439 https://www.federalregister.gov/citation/73-FR-52613 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 244/1218 Caneberry subgroup 13A 0.2 Peach 0.2 Peppermint, tops 2.0 Spearmint, tops 2.0 Strawberry 0.1 Sugarcane, cane 0.4 Watermelon 1.0 [71 FR 30818, May 31, 2006] ยง 180.210 Bromacil; tolerances for residues. Fruit, citrus 0.1 Pineapple 0.1 [68 FR 39439, July 1, 2003] ยง 180.211 Propachlor; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide bromacil (5-bromo-3 sec-butyl-6-methyluracil) in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the herbicide propachlor (2-chloro-N-isopropylacetanilide) and its metabolites containing the N-isopropylaniline moiety, calculated as 2-chloro-N-isopropylacetanilide, in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/71-FR-30818 https://www.federalregister.gov/citation/68-FR-39439 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 245/1218 Cattle, fat 0.05 Cattle, kidney 0.2 Cattle, meat 0.02 Cattle, meat byproducts, except kidney 0.05 Corn, �eld, forage 3.0 Corn, �eld, grain 0.2 Corn, �eld, stover 1.0 Corn, sweet, forage 3.0 Goat, fat 0.05 Goat, kidney 0.2 Goat, meat 0.02 Goat, meat byproducts, except kidney 0.05 Hog, fat 0.02 Hog, meat 0.02 Hog, meat byproducts 0.02 Horse, fat 0.05 Horse, kidney 0.2 Horse, meat 0.02 Horse, meat byproducts, except kidney 0.05 Milk 0.02 Sheep, fat 0.05 Sheep, kidney 0.2 Sheep, meat 0.02 Sheep, meat byproducts, except kidney 0.05 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 246/1218 Sorghum, forage, forage 8.0 Sorghum, grain, forage 8.0 Sorghum, grain, grain 0.25 Sorghum, grain, stover 12.0 [47 FR 25959, June 16, 1982, as amended at 47 FR 28381, June 30, 1982; 47 FR 28626, July 1, 1982; 47 FR 46701, Oct. 20, 1982; 63 FR 57074, Oct. 26, 1998; 72 FR 53454, Sept. 19, 2007] ยง 180.212 S-Ethyl cyclohexylethylthiocarbamate; tolerances for residues. Beet, garden, roots 0.05(N) Beet, garden, tops 0.05(N) Beet, sugar, roots 0.05(N) Beet, sugar, tops 0.05(N) Spinach 0.05(N) [68 FR 39439, July 1, 2003] ยง 180.213 Simazine; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide S-ethyl cyclohexylethylthiocarbamate in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the herbicide simazine (2-chloro-4,6-bis(ethylamino)-s-triazine) and its two chlorinated degradates (2-amino-4 chloro-6-ethylamino-s-triazine and 2,4-diamino-6-chloro-s-triazine), the total residue to be Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/47-FR-25959 https://www.federalregister.gov/citation/47-FR-28381 https://www.federalregister.gov/citation/47-FR-28626 https://www.federalregister.gov/citation/47-FR-46701 https://www.federalregister.gov/citation/63-FR-57074 https://www.federalregister.gov/citation/72-FR-53454 https://www.federalregister.gov/citation/68-FR-39439 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 247/1218 Almond 0.25 Almond, hulls 0.25 Apple 0.20 Avocado 0.20 Blackberry 0.20 Blueberry 0.20 Cattle, meat 0.03 Cattle, meat byproducts 0.03 Cherry 0.25 Corn, �eld, forage 0.20 Corn, �eld, grain 0.20 Corn, �eld, stover 0.25 Corn, pop, grain 0.20 Corn, pop, stover 0.25 Corn, sweet, forage 0.20 Corn, sweet, kernel plus cob with husks removed 0.25 Corn, sweet, stover 0.25 Cranberry 0.25 Currant 0.25 Egg 0.03 Goat, meat 0.03 Goat, meat byproducts 0.03 Grape 0.20 measured in or on the following food commodities: Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 248/1218 Grapefruit 0.25 Hazelnut 0.20 Horse, meat 0.03 Horse, meat byproducts 0.03 Lemon 0.25 Loganberry 0.20 Milk 0.03 Nut, macadamia 0.25 Olive 0.20 Orange 0.25 Peach 0.20 Pear 0.25 Pecan 0.20 Plum 0.20 Raspberry 0.20 Sheep, meat 0.03 Sheep, meat byproducts 0.03 Strawberry 0.25 Walnut 0.2 [63 FR 2165, Jan. 14, 1998, as amended at 63 FR 57074, Oct. 26, 1998; 72 FR 35665, June 29, 2007; 72 FR 53454, Sept. 19, 2007] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/63-FR-2165 https://www.federalregister.gov/citation/63-FR-57074 https://www.federalregister.gov/citation/72-FR-35665 https://www.federalregister.gov/citation/72-FR-53454 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 249/1218 § 180.215 Naled; tolerances for residues. Almond, hulls 0.5 Almond 0.5 Bean, dry, seed 0.5 Bean, succulent 0.5 Beet, sugar, roots 0.5 Beet, sugar, tops 0.5 Broccoli 1 Brussels sprouts 1 Cabbage 1 Cauli�ower 1 Celery 3 Collards 3 Cotton, undelinted seed 0.5 Cucumber 0.5 Eggplant 0.5 Grape 0.5 Grapefruit 3 Grass, forage 10 Hop, dried cones 0.5 (a) General. (1) Tolerances are established for residues of the insecticide naled (1,2-dibromo-2,2 dichloro-ethyl dimethyl phosphate) and its conversion product 2,2-dichlorovinyl dimethyl phosphate, expressed as naled, resulting from the application of the pesticide to growing crops or from direct application to livestock and poultry, in or on the following raw agricultural commodities: Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 250/1218 Kale 3 Legume, forage 10 Lemon 3 Melon 0.5 Orange, sweet 3 Peach 0.5 Pea, succulent 0.5 Pepper 0.5 Pumpkin 0.5 Sa�ower, seed 0.5 Spinach 3 Squash, summer 0.5 Squash, winter 0.5 Strawberry 1 Swiss chard 3 Tangerine 3 Tomato 0.5 Turnip, greens 3 Walnut 0.5 (2) A tolerance of 0.5 part per million is established for the pesticide naled in or on all raw agricultural commodities, except those otherwise listed in this section, from use of the pesticide for area pest (mosquito and �y) control. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 251/1218 [42 FR 46304, Sept. 15, 1977, as amended at 54 FR 20125, May 10, 1989; 63 FR 57074, Oct. 26, 1998; 66 FR 50833, Oct. 5, 2001; 77 FR 59124, Sept. 26, 2012] § 180.217 Metiram; tolerances for residues. Apple 0.5 Apple, pomace, wet 2 Banana 3 Grape, wine 5 Potato 0.2 There are no U.S. registrations on bananas and grape, wine as of April 29, 2011. [63 FR 57074, Oct. 26, 1998, as amended at 76 FR 23891, Apr. 29, 2011] § 180.220 Atrazine; tolerances for residues. Cattle, fat 0.02 Cattle, meat 0.02 (a) General. Tolerances are established for residues of a metiram (a mixture of 5.2 parts by weight of ammoniates of [ethylenebis (dithiocarbamato)] zinc with 1 part by weight ethylenebis [dithiocarbamic acid] bimolecular and trimolecular cyclic anhydrosul�des and disul�des), including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only those metiram residues convertible to and expressed in terms of the degradate carbon disul�de. 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the herbicide atrazine (2-chloro-4-ethylamino-6-isopropylamino-s-triazine) and its chlorinated metabolites 2 amino-4-chloro-6-isopropylamino-s-triazine, 2-amino-4-chloro-6-ethylamino-s-triazine, and 2,4-diamino-6-chloro-s-triazine, in or on the following food commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/42-FR-46304 https://www.federalregister.gov/citation/54-FR-20125 https://www.federalregister.gov/citation/63-FR-57074 https://www.federalregister.gov/citation/66-FR-50833 https://www.federalregister.gov/citation/77-FR-59124 https://www.federalregister.gov/citation/63-FR-57074 https://www.federalregister.gov/citation/76-FR-23891 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 252/1218 Cattle, meat byproducts 0.02 Corn, �eld, forage 1.5 Corn, �eld, grain 0.20 Corn, �eld, stover 0.5 Corn, pop, forage 1.5 Corn, pop, grain 0.20 Corn, pop, stover 0.5 Corn, sweet, forage 15 Corn, sweet, kernel plus cob with husks removed 0.20 Corn, sweet, stover 2.0 Goat, fat 0.02 Goat, meat 0.02 Goat, meat byproducts 0.02 Grass, forage 4.0 Grass, hay 4.0 Guava 0.05 Horse, fat 0.02 Horse, meat 0.02 Horse, meat byproducts 0.02 Milk 0.02 Nut, macadamia 0.20 Sheep, fat 0.02 Sheep, meat 0.02 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 253/1218 Sheep, meat byproducts 0.02 Sorghum, forage, forage 0.25 Sorghum, grain, forage 0.25 Sorghum, grain, grain 0.20 Sorghum, grain, stover 0.50 Sugarcane, cane 0.20 Wheat, forage 1.5 Wheat, grain 0.10 Wheat, hay 5.0 Wheat, straw 0.50 Vegetable, leafy, except brassica, group 4 0.25 [43 FR 29121, July 6, 1978, as amended at 44 FR 67116, Nov. 23, 1979; 47 FR 3771, Jan. 27, 1982; 47 FR 8012, Feb. 24, 1982; 63 FR 57075, Oct. 26, 1998; 67 FR 46893, July 17, 2002; 69 FR 6567, Feb. 11, 2004; 72 FR 35666, June 29, 2007; 72 FR 53454, Sept. 19, 2007; 73 FR 37852, July 2, 2008; 76 FR 56654, Sept. 14, 2011] § 180.222 Prometryn; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertant residues of atrazine, 2-chloro-4-ethylamino-6-isopropylamino-s-triazine, in or on the following raw agricultural commodity when present therein as a result of application of atrazine to the growing crops in paragraph (a) of this section: (a) General. Tolerances are established for residues of the herbicide prometryn, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only prometryn, 2,4-bis(isopropylamino)-6-methylthio-s-triazine, in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/43-FR-29121 https://www.federalregister.gov/citation/44-FR-67116 https://www.federalregister.gov/citation/47-FR-3771 https://www.federalregister.gov/citation/47-FR-8012 https://www.federalregister.gov/citation/63-FR-57075 https://www.federalregister.gov/citation/67-FR-46893 https://www.federalregister.gov/citation/69-FR-6567 https://www.federalregister.gov/citation/72-FR-35666 https://www.federalregister.gov/citation/72-FR-53454 https://www.federalregister.gov/citation/73-FR-37852 https://www.federalregister.gov/citation/76-FR-56654 https://www.ecfr.gov/current/title-40/section-180.220#p-180.220(a) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 254/1218 Bean, snap, succulent 0.05 Carrot, roots 0.45 Celeriac, roots 0.05 Celeriac, tops 0.20 Celtuce 0.50 Cilantro, leaves 3.5 Coriander, dried leaves 9.0 Cotton, gin byproducts 1.0 Cottonseed subgroup 20C 0.25 Dill, oil 1.3 Dillweed, dried leaves 1.1 Dillweed, fresh leaves 0.30 Fennel, Florence, fresh leaves and stalk 0.50 Leaf petiole vegetable subgroup 22B 0.50 Okra 0.05 Parsley, dried leaves 1.5 Parsley, leaves 0.60 Pea, pigeon, seed 0.25 Sesame, seed 0.05 Swiss chard 0.50 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional exemptions. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of the herbicide prometryn, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the CommodityCommodity Parts per millionParts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 255/1218 Barley, forage 0.3 Barley, hay 1.0 Barley, straw 0.3 Oat, forage 0.3 Oat, hay 1.0 Oat, straw 0.3 Rye, forage 0.3 Rye, hay 1.0 Rye, straw 0.3 Triticale, forage 0.3 Triticale, hay 1.0 Triticale, straw 0.3 Wheat, forage 0.3 Wheat, hay 1.0 Wheat, straw 0.3 [43 FR 29121, July 6, 1978, as amended at 45 FR 51782, Aug. 5, 1980; 54 FR 6918, Feb. 15, 1989; 60 FR 20434, Apr. 26, 1995; 63 FR 17692, Apr. 10, 1998; 63 FR 57075, Oct. 26, 1998; 64 FR 39082, July 21, 1999; 74 FR 47456, Sept. 16, 2009; 74 FR 67108, Dec. 18, 2009; 76 FR 34885, June 15, 2011; 78 FR 55640, Sept. 11, 2013; 82 FR 57144, Dec. 4, 2017] ยง 180.225 Phosphine; tolerances for residues. following table is to be determined by measuring only prometryn, 2,4 bis(isopropylamino)-6-methylthio-s-triazine, in or on the following raw agricultural commodities. (a) General. (1) Tolerances are established for residues of phosphine in or on the following raw agricultural commodities (RACs) resulting from post-harvest fumigation for the control of insects with phosphine gas or phosphide compounds that produce phosphine gas. Commodity Parts per million https://www.federalregister.gov/citation/43-FR-29121 https://www.federalregister.gov/citation/45-FR-51782 https://www.federalregister.gov/citation/54-FR-6918 https://www.federalregister.gov/citation/60-FR-20434 https://www.federalregister.gov/citation/63-FR-17692 https://www.federalregister.gov/citation/63-FR-57075 https://www.federalregister.gov/citation/64-FR-39082 https://www.federalregister.gov/citation/74-FR-47456 https://www.federalregister.gov/citation/74-FR-67108 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/78-FR-55640 https://www.federalregister.gov/citation/82-FR-57144 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 256/1218 Almond 0.1 Avocado 0.01 Banana 0.01 Barley, grain 0.1 Cabbage, Chinese, bok choy 0.01 Cabbage, Chinese, napa 0.01 Cacao bean, dried bean 0.1 Cashew 0.1 Citron, citrus 0.01 Coffee, bean, green 0.1 Corn, �eld, grain 0.1 Corn, pop, grain 0.1 Cotton, undelinted seed 0.1 Date, dried fruit 0.1 Dill, seed 0.01 Eggplant 0.01 Endive 0.01 Grapefruit 0.01 Hazelnut 0.1 Kumquat 0.01 Lemon 0.01 Lettuce 0.01 Lime 0.01 Mango 0.01 CommodityCommodity Parts per millionParts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 257/1218 Millet, grain 0.1 Mushroom 0.01 Nut, brazil 0.1 Oat, grain 0.1 Okra 0.01 Orange, sweet 0.01 Papaya 0.01 Peanut 0.1 Pecan 0.1 Pepper 0.01 Persimmon 0.01 Pistachio 0.1 Rice, grain 0.1 Rye, grain 0.1 Sa�ower, seed 0.1 Salsify, tops 0.01 Sesame, seed 0.1 Sorghum, grain 0.1 Soybean, seed 0.1 Sun�ower, seed 0.1 Sweet potato, roots 0.01 Tangelo 0.01 Tangerine 0.01 Tomato 0.01 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 258/1218 Vegetable, legume, group 6, except soybean 0.01 Walnut 0.1 Wheat, grain 0.1 All raw agricultural commodities resulting from preharvest treatment of pest burrows 0.01 Processed food 0.01 Animal feed 0.1 [64 FR 72950, Dec. 29, 1999, as amended at 71 FR 74816, Dec. 13, 2006; 72 FR 41929, Aug. 1, 2007; 74 FR 46372, Sept. 9, 2009] (2) Tolerances are established for residues of the fumigant in or on all RACs resulting from preharvest treatment of pest burrows in agricultural and non-crop land areas. (3) Residues resulting from fumigation of processed food: (4) Residues resulting from fumigation of animal feed : (5) To assure safe use of this pesticide, it must be used in compliance with the labeling conforming to that registered by the U.S. Environmental Protection Agency (EPA) under FIFRA. Labeling shall bear a restriction to aerate the �nished food/feed for 48 hours before it is offered to the consumer, unless EPA speci�cally determines that a different time period is appropriate. Where appropriate, a warning shall state that under no condition should any formulation containing aluminum or magnesium phosphide be used so that it will come in contact with any processed food, except processed brewer's rice, malt, and corn grits stored in breweries for use in the manufacture of beer. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertant residues. [Reserved] Commodity Parts per million Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/64-FR-72950 https://www.federalregister.gov/citation/71-FR-74816 https://www.federalregister.gov/citation/72-FR-41929 https://www.federalregister.gov/citation/74-FR-46372 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 259/1218 § 180.226 Diquat; tolerances for residues. Alfalfa, seed 3.0 Cattle, fat 0.05 Cattle, meat 0.05 Cattle, meat byproducts 0.05 Canola, meal 6.0 Canola, seed 2.0 Egg 0.05 Goat, fat 0.05 Goat, meat 0.05 Goat, meat byproducts 0.05 Hog, fat 0.05 Hog, meat 0.05 Hog, meat byproducts 0.05 Horse, fat 0.05 Horse, meat 0.05 Horse, meat byproducts 0.05 Milk 0.02 Pea and bean, dry and shelled, except soybean, subgroup 6C 0.9 (a) General. (1) Tolerances are established for the residues of the herbicide diquat, including its metabolites and degradates, in or on the commodities in Table 1 to this paragraph (a)(1) resulting from the application of the dibromide salt of diquat. Compliance with the tolerance levels speci�ed in Table 1 to this paragraph (a)(1) is to be determined by measuring only diquat (6,7-dihydrodipyrido[1,2-a:2′,1′-c]pyrazinediium): 1 Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.226#p-180.226(a)(1) https://www.ecfr.gov/current/title-40/section-180.226#p-180.226(a)(1) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 260/1218 Potato 0.1 Poultry, fat 0.05 Poultry, meat 0.05 Poultry, meat byproducts 0.05 Sheep, fat 0.05 Sheep, meat 0.05 Sheep, meat byproducts 0.05 There are no U.S. registrations for these commodities as of October 22, 2020. Avocado 0.2 Berry group 13 0.05 Cotton, undelinted seed 0.2 Cranberry 0.05 Fish 2.0 Fruit, citrus, group 10 0.05 Fruit, pome, group 11 0.02 Fruit, stone, group 12 0.02 Grain, cereal, forage, fodder and straw, group 16 0.02 1 (2) (i) Tolerances are established for residues of the herbicide diquat (6,7 dihydrodipyrido(1,2-a:2'1'-c)pyrazinediium) (calculated as the cation) derived from the application of the dibromide salt to ponds, lakes, reservoirs, marshes, drainage ditches, canals, streams, and rivers which are slow-moving or quiescent in programs of the Corp of Engineers or other Federal or State public agencies and to ponds, lakes and drainage ditches only where there is little or no out�ow of water and which are totally under the control of the user, in or on the following food commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 261/1218 Grain, cereal, group 15 0.02 Grape 0.05 Grass, forage, fodder and hay, group 17 0.2 Hop, dried cones 0.2 Nut, tree, group 14 0.02 Shell�sh 20.0 Strawberry 0.05 Sugarcane, cane 0.2 Vegetable, brassica, leafy, group 5 0.05 Vegetable, cucurbit, group 9 0.02 Vegetable, foliage of legume, group 7 0.2 Vegetable, fruiting, group 8 0.05 Vegetable, leafy, except brassica, group 4 0.05 Vegetable, root and tuber, group 1 0.02 Vegetable, seed and pod 0.05 Banana 0.05 Coffee, bean, green 0.05 Soybean, hulls 0.6 (ii) Where tolerances are established at higher levels from other uses of diquat on the subject crops, the higher tolerances applies also to residues of the aquatic uses cited in this paragraph. (3) Tolerances are established for the plant growth regulator diquat (6,7 dihydrodipyrido(1,2-a:2'1'-c)pyrazinediium) derived from application of the dibromide salt and calculated as the cation in or on the following food commodites: 1 1 Commodity Parts per million Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 262/1218 There are no U.S. registrations as of May 26, 2010. [65 FR 33709, May 24, 2000, as amended at 72 FR 41929, Aug. 1, 2007; 75 FR 29441, May 26, 2010; 75 FR 60241, Sept. 29, 2010; 85 FR 67290, Oct. 22, 2020] § 180.227 Dicamba; tolerances for residues. Barley, grain 6.0 Barley, hay 2.0 Barley, straw 15.0 Corn, �eld, forage 3.0 Corn, �eld, grain 0.1 Corn, �eld, stover 3.0 Corn, pop, grain 0.1 Corn, pop, stover 3.0 Corn, sweet, forage 0.50 Corn, sweet, kernel plus cob with husks removed 0.04 Corn, sweet, stover 0.50 Grass, forage, fodder and hay, group 17, forage 125.0 1 (4) A tolerance of 0.5 part per million is established for residues of diquat in potato, granules/�akes and potato, chips. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for the residues of the herbicide dicamba (3,6-dichloro-o anisic acid), including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels is to be determined by measuring only the sum of the residues of dicamba (3,6-dichloro-o-anisic acid) and its metabolite, 3,6-dichloro-5-hydroxy-o-anisic acid, calculated as the stoichiometric equivalent of dicamba, in or on the following commodities: Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33709 https://www.federalregister.gov/citation/72-FR-41929 https://www.federalregister.gov/citation/75-FR-29441 https://www.federalregister.gov/citation/75-FR-60241 https://www.federalregister.gov/citation/85-FR-67290 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 263/1218 Grass, forage, fodder and hay, group 17, hay 200.0 Millet, proso, forage 90.0 Millet, proso, grain 2.0 Millet, proso, hay 40.0 Millet, proso, straw 30.0 Oat, forage 90.0 Oat, grain 2.0 Oat, hay 40.0 Oat, straw 30.0 Rye, forage 90.0 Rye, grain 2.0 Rye, straw 30.0 Sorghum, grain, forage 3.0 Sorghum, grain, grain 4.0 Sorghum, grain, stover 10.0 Sugarcane, cane 0.3 Sugarcane, molasses 5.0 Teff, forage 90.0 Teff, grain 6.0 Teff, hay 40.0 Teff, straw 30.0 Wheat, forage 90.0 Wheat, grain 2.0 Wheat, hay 40.0 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 264/1218 Wheat, straw 30.0 Asparagus 4.0 Cattle, fat 0.3 Cattle, kidney 25.0 Cattle, meat 0.25 Cattle, meat byproducts, except kidney 3.0 Goat, fat 0.3 Goat, kidney 25.0 Goat, meat 0.25 Goat, meat byproducts, except kidney 3.0 Hog, fat 0.3 Hog, kidney 25.0 Hog, meat 0.25 Hog, meat byproducts, except kidney 3.0 Horse, fat 0.3 Horse, kidney 25.0 Horse, meat 0.25 Horse, meat byproducts, except kidney 3.0 Milk 0.2 (2) Tolerances are established for residues of the herbicide dicamba, 3,6-dichloro-o anisic acid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels is to be determined by measuring only the residues of dicamba (3,6-dichloro-o-anisic acid) and its metabolite, 3,6 dichloro-2-hydroxybenzoic acid, calculated as the stoichiometric equivalent of dicamba, in or on the following commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 265/1218 Sheep, fat 0.3 Sheep, kidney 25.0 Sheep, meat 0.25 Sheep, meat byproducts, except kidney 3.0 Cotton, gin byproducts 70 Cotton, undelinted seed 3.0 Grain, aspirated fractions 1000 Soybean, forage 60 Soybean, hay 100 Soybean, hulls 30.0 Soybean, seed 10.0 [65 FR 33709, May 24, 2000, as amended at 72 FR 35665, June 29, 2007; 73 FR 17918, Apr. 2, 2008; 73 FR 54960, Sept. 24, 2008; 75 FR 60241, Sept. 29, 2010; 76 FR 55806, Sept. 9, 2011; 81 FR 88634, Dec. 8, 2016] ยง 180.229 Fluometuron; tolerances for residues. (3) Tolerances are established for residues of the herbicide dicamba, 3,6-dichloro-o anisic acid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels is to be determined by measuring only the residues of dicamba, 3,6-dichloro-o-anisic acid, and its metabolites, 3,6 dichloro-5-hydroxy-o-anisic acid, and 3,6-dichloro-2-hydroxybenzoic acid, calculated as the stoichiometric equivalent of dicamba, in or on the following commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33709 https://www.federalregister.gov/citation/72-FR-35665 https://www.federalregister.gov/citation/73-FR-17918 https://www.federalregister.gov/citation/73-FR-54960 https://www.federalregister.gov/citation/75-FR-60241 https://www.federalregister.gov/citation/76-FR-55806 https://www.federalregister.gov/citation/81-FR-88634 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 266/1218 Cotton, gin byproducts 3.5 Cotton, undelinted seed 1.0 Cattle, meat byproducts 0.1 Egg 0.1 Goat, meat byproducts 0.1 Hog, meat byproducts 0.1 Horse, meat byproducts 0.1 Milk 0.02 Poultry, fat 0.1 Poultry, meat 0.1 Poultry, meat byproducts 0.1 Sheep, meat byproducts 0.1 (1) Tolerances are established for the combined residues of the herbicide �uometuron, N, N-dimethyl-N'-[3-(tri�uoromethyl)phenyl]urea, and its metabolite, tri�uoromethylaniline (TFMA) determined as TFMA, in or on the following food commodities: (2) Tolerances are established for the combined residues of the herbicide �uometuron, N,N-dimethyl-N'-[3-(tri�uoromethyl)phenyl]urea, and its metabolites determined as TFMA and the hydroxylated metabolites: CGA-236431, 1-(4-hydroxy-3 tri�uoromethylphenyl)urea; CGA-236432, 1-methyl-3-(4-hydroxy-3 tri�uoromethylphenyl)urea; and CGA-13211, 1,1-dimethyl-3-(4-hydroxy-3 tri�uoromethylphenyl)urea, in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the combined residues of the herbicide �uometuron, N, N-dimethyl-N'-[3-(tri�uoromethyl)phenyl]urea, and its metabolite, tri�uoromethylaniline (TFMA) determined as TFMA, in or on the following food commodities. Commodity Parts per million Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 267/1218 Grain, cereal, forage, fodder, and straw group 16, forage 3.0 Grain, cereal, forage, fodder, and straw, group 16, stover 6.0 Grain, cereal, group 15 0.5 Peanut 0.1 Peanut, hay 4.0 Peanut, meal 0.2 Soybean, forage 3.0 Soybean, hay 3.0 Soybean, seed 2.0 Rice, hulls 1.0 Wheat, milled byproducts 1.0 [73 FR 52613, Sept. 10, 2008] ยง 180.231 Dichlobenil; tolerances for residues. Apple 0.5 Bushberry subgroup 13-07B 0.15 Caneberry subgroup 13-07A 0.10 Cranberry 0.1 Fruit, stone, group 12 0.15 Grape 0.15 Hazelnut 0.1 (a) General. Tolerances are established for the combined residues of the herbicide dichlobenil (2,6-dichlorobenzonitrile) and its metabolite 2,6-dichlorobenzamide in or on the following raw agricultural commodities: CommodityCommodity Parts per millionParts per million Commodity Parts per million https://www.federalregister.gov/citation/73-FR-52613 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 268/1218 Pear 0.5 Rhubarb 0.06 [36 FR 22540, Nov. 25, 1971, as amended at 63 FR 57075, Oct. 26, 1998; 66 FR 63198, Dec. 5, 2001; 73 FR 50570, Aug. 27, 2008] ยง 180.235 Dichlorvos; tolerances for residues. Cattle, fat 0.02(N) Cattle, meat 0.02(N) Cattle, meat byproducts 0.02(N) Egg 0.05(N) Goat, fat 0.02(N) Goat, meat 0.02(N) Goat, meat byproducts 0.02(N) Horse, fat 0.02(N) Horse, meat 0.02(N) Horse, meat byproducts 0.02(N) Milk 0.02(N) Mushroom (residues expressed as naled) 0.5 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registration. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances for residues of the insecticide 2,2-dichlorovinyl dimethyl phosphate are established as follows: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/36-FR-22540 https://www.federalregister.gov/citation/63-FR-57075 https://www.federalregister.gov/citation/66-FR-63198 https://www.federalregister.gov/citation/73-FR-50570 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 269/1218 Poultry, fat 0.05(N) Poultry, meat 0.05(N) Poultry, meat byproducts 0.05(N) Raw agricultural commodities, nonperishable, bulk stored regardless of fat content, postharvest 0.5 Raw agricultural commodities nonperishable, packaged or bagged, containing 6 percent fat or less, postharvest 0.5 Raw agricultural commodities, nonperishable, packaged or bagged, containing more than 6 percent fat, postharvest 2 Sheep, fat 0.02(N) Sheep, meat 0.02(N) Sheep, meat byproducts 0.02(N) [47 FR 55223, Dec. 8, 1982, as amended at 55 FR 26440, June 28, 1990; 56 FR 29183, June 26, 1991; 63 FR 57075, Oct. 26, 1998; 65 FR 33697, May 24, 2000; 74 FR 46373, Sept. 9, 2009; 77 FR 59125, Sept. 26, 2012] ยง 180.236 Triphenyltin hydroxide; tolerances for residues. (2) The tolerance of 0.1 part per million prescribed by 21 CFR 556.180 for negligible residues of 2,2-dichlorovinyl dimethyl phosphate in hog, fat; hog, meat; hog, meat byproducts; and hog, skin covers both its use as an anthelmintic in swine feed and as an insecticide applied directly to swine. (3) Dichlorvos may be present as a residue from application as an insecticide on packaged or bagged nonperishable processed food (see: 21 CFR 170.3(j)) in an amount in such food not in excess of 0.5 part per million (ppm). To assure safe use of the insecticide, its label and labeling shall conform to the label and labeling registered by the U.S. Environmental Protection Agency, and the usage employed shall conform with such label or labeling. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/47-FR-55223 https://www.federalregister.gov/citation/55-FR-26440 https://www.federalregister.gov/citation/56-FR-29183 https://www.federalregister.gov/citation/63-FR-57075 https://www.federalregister.gov/citation/65-FR-33697 https://www.federalregister.gov/citation/74-FR-46373 https://www.federalregister.gov/citation/77-FR-59125 https://www.ecfr.gov/current/title-21/section-556.180 https://www.ecfr.gov/current/title-21/section-170.3#p-170.3(j) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 270/1218 Beet, sugar, roots 0.05 Beet, sugar, tops 10.0 Cattle, fat 0.2 Cattle, kidney 2.0 Cattle, liver 4.0 Cattle, meat 0.5 Goat, fat 0.2 Goat, kidney 2.0 Goat, liver 4.0 Goat, meat 0.5 Hog, fat 0.3 Hog, meat 0.06 Hog, meat byproducts 0.3 Horse, fat 0.2 Horse, kidney 2.0 Horse, liver 4.0 Horse, meat 0.5 Milk 0.06 Pecan 0.05 Potato 0.05 Sheep, fat 0.2 (a) General. Tolerances are established for the combined residues of the fungicide triphenyltin hydroxide (TPTH) and its monophenyltin (MPTH) and diphenyltin (DPTH) hydroxide and oxide metabolites, expressed in terms of parent TPTH, in or on the following raw agricultural commodities: Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 271/1218 Sheep, kidney 2.0 Sheep, liver 4.0 Sheep, meat 0.5 [72 FR 41929, Aug. 1, 2007] § 180.241 Bensulide; tolerances for residues. Onion, bulb 0.10 Vegetable, brassica, leafy group 5 0.15 Vegetable, cucurbits group 9 0.15 Vegetable, fruiting group 8 0.10 Vegetable, leafy except brassica group 4 0.15 Carrot, roots 0.10 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the residues of S-(O,O-diisopropyl phosphorodithioate) of N-(2-mercaptoethyl) benzenesulfonamide including its oxygen analog S-(O,O-diisopropyl phosphorothioate) of N-(2-mercaptoethyl) benzenesulfonamide in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for the residues of S-(O,O-diisopropyl phosphorodithioate) of N (2-mercaptoethyl) benzenesulfonamide including its oxygen analog S-(O,O-diisopropyl phosphorothioate) of N-(2-mercaptoethyl) benzenesulfonamide in or on the following food commodities: (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-41929 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 272/1218 [68 FR 39440, July 1, 2003, as amended at 73 FR 53738, Sept. 17, 2008] § 180.242 Thiabendazole; tolerances for residues. Table 1 to Paragraph (a)(1) Alfalfa, forage 1 0.02 Alfalfa, hay 1 0.02 Animal feed, nongrass, group 18 0.01 Apple, wet pomace 12.0 Avocado 10.0 Banana, postharvest 3.0 Barley, grain 0.05 Barley, hay 0.30 Barley, straw 0.30 Bean, dry, seed 0.1 Beet, garden, leaves 0.01 Brassica, head and stem, subgroup 5A 1 0.02 Brassica, leafy greens, subgroup 4-16B 0.01 Burdock, edible, leaves 0.01 Cantaloupe 15.0 Carrot, roots, postharvest 10.0 Carrot, leaves 0.01 (a) General. (1) Tolerances are established for residues of thiabendazole, including its metabolites and degradates, in or on the commodities in table 1 to paragraph (a)(1). Compliance with the tolerance levels speci�ed to table 1 to paragraph (a)(1) is to be determined by measuring only thiabendazole in or on the commodity. 1 2 1 Commodity Parts per million https://www.federalregister.gov/citation/68-FR-39440 https://www.federalregister.gov/citation/73-FR-53738 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 273/1218 Carrot, roots 10 Celeriac, leaves 0.01 Chervil, turnip rooted, leaves 0.01 Chicory, leaves 0.01 Citrus, oil 15.0 Corn, �eld, forage 0.01 Corn, �eld, grain 0.01 Corn, �eld, stover 0.01 Corn, pop, forage 0.01 Corn, pop, grain 0.01 Corn, pop, stover 0.01 Corn, sweet, forage 0.01 Corn, sweet, kernels plus cop with husks removed 0.01 Corn, sweet, stover 0.01 Fruit, citrus, group 10-10 10 Fruit, pome, group 11-10 10 Kohlrabi 0.01 Mango 10.0 Mushroom 40.0 Oats, forage 0.30 Oats, grain 0.05 Oats, hay 0.30 Oats, straw 0.30 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 274/1218 Onion, bulb, subgroup 3-07A 0.02 Papaya, postharvest 5.0 Radish, oriental, leaves 0.01 Rutabaga, leaves 0.01 Rye, forage 0.30 Rye, grain 0.05 Rye, straw 0.30 Soybean 0.1 Spinach 0.02 Strawberry 5.0 Triticale, forage 0.30 Triticale, grain 0.05 Triticale, hay 0.30 Triticale, straw 0.30 Vegetable, Brassica, head and stem, group 5-16 0.01 Vegetable, cucurbit, group 9 0.02 Vegetable, foliage of legume, group 7 0.20 Vegetable, legume, group 6 0.02 Vegetable, root, except sugar beet, subgroup 1B 0.01 Vegetable, root, except sugar beet, subgroup 1B 1 0.02 Vegetable, tuberous and corm, subgroup 1C, except sweet potato 10 Wheat, forage 0.30 2 1 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 275/1218 Wheat, grain 0.05 Wheat, hay 0.30 Wheat, straw 0.30 1 This tolerance expires on February 28, 2022. Table 2 to Paragraph (a)(2) Cattle, meat 0.1 Cattle, meat byproducts 0.4 Goat, meat byproducts 0.4 Hog, meat byproducts 0.3 Horse, meat byproducts 0.4 Milk 0.1 Sheep, meat byproducts 0.4 (2) Tolerances are established for residues of thiabendazole, including its metabolites and degradates, in or on the commodities in table 2 to paragraph (a)(2). Compliance with the tolerance levels speci�ed to table 2 to paragraph (a)(2) is to be determined by measuring only the sum of thiabendazole (2-(4-thiazolyl)benzimidazole) and its metabolite 5-hydroxythiabendazole (free and conjugated) calculated as the stoichiometric equivalent of thiabendazole, in or on the commodity. (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in table 3 to this paragraph (b) are established for residues of the thiabendazole, including its metabolites and degradates, in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance levels speci�ed in table 3 to this paragraph (b) is to be determined by measuring only the sum of thiabendazole (2-(4-thiazolyl)benzimidazole) and its metabolite benzimidazole (free and conjugated), calculated as the stoichiometric equivalent of thiabendazole. The tolerances expire on the date speci�ed in table 3 to this paragraph (b). Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.242#p-180.242(b) https://www.ecfr.gov/current/title-40/section-180.242#p-180.242(b) https://www.ecfr.gov/current/title-40/section-180.242#p-180.242(b) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 276/1218 Sweet potato 10 12/31/22 [42 FR 32783, June 28, 1977] § 180.243 Propazine; tolerances for residues. Sorghum, grain, forage 0.25 Sorghum, grain, grain 0.25 Sorghum, grain, stover 0.25 [75 FR 60242, Sept. 29, 2010] (c) Tolerances with regional exemptions. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide propazine, 2-chloro-4,6 bis(isopropylamino)-s-triazine, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of propazine, 2-chloro-4,6 bis(isopropylamino)-s-triazine, and its two chlorinated degradates, 2-amino-4-chloro-6 isopropylamino-s-triazine and 2,4-diamino-6-chloro-s-triazine, calculated as the stoichiometric equivalent of propazine, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] CommodityCommodity Parts per million Parts per million Expiration/ revocation date Expiration/ revocation date Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.242, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE Entries for "Carrot roots, postharvest", "Fruit citrus group 10, postharvest", "Fruit, pome, group 11, postharvest" and "Potato, postharvest" were not found in the table in paragraph (a) and could not be removed. EDITORIAL NOTE https://www.federalregister.gov/citation/42-FR-32783 https://www.federalregister.gov/citation/75-FR-60242 https://www.ecfr.gov/current/title-40/section-180.242 http://www.govinfo.gov/ 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 277/1218 § 180.245 Streptomycin; tolerances for residues. Table 1 to Paragraph (a) Bean, dry, seed 0.5 Bean, succulent 0.5 Celery 0.25 Fruit, citrus, group 10-10 0.8 Fruit, citrus, group 10-10, dried pulp 3 Fruit, pome, group 11 0.25 Pepper 0.25 Potato 0.25 Tomato 0.25 Table 2 to Paragraph (b) Fruit, citrus, group 10-10 2.0 12/31/22 Fruit, citrus, group 10-10, dried pulp 6.0 12/31/22 (a) General. Tolerances are established for residues of the fungicide streptomycin, including its metabolites and degradates, in or on the commodities in Table 1 to this paragraph (a). Compliance with the tolerance levels speci�ed in Table 1 to this paragraph (a) is to be determined by measuring only streptomycin (O-2-Deoxy-2-(methylamino)-a Lglucopyranosyl-(1-2)-O-5-deoxy-3-Cformyl-a-L-lyxofuranosyl-(1-4)-N,N′ bis(aminoiminomethyl)-D-streptamine) in or on the commodity. (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of streptomycin, in or on the agricultural commodities, as speci�ed in Table 2 to this paragraph (b), resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance levels listed in Table 2 to this paragraph (b) is to be determined by measuring the levels of streptomycin only, in or on the commodities listed in this Table 2 paragraph (b). The tolerances expire on the dates speci�ed in Table 2 to this paragraph (b). Commodity Parts per million Commodity Parts per million Expiration date https://www.ecfr.gov/current/title-40/section-180.245#p-180.245(a) https://www.ecfr.gov/current/title-40/section-180.245#p-180.245(a) https://www.ecfr.gov/current/title-40/section-180.245#p-180.245(b) https://www.ecfr.gov/current/title-40/section-180.245#p-180.245(b) https://www.ecfr.gov/current/title-40/section-180.245#p-180.245(b) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 278/1218 [86 FR 8710, Feb. 9, 2021] § 180.249 Alachlor; tolerances for residues. Beans, dry 0.1 Beans, succulent lima 0.1 Cattle, fat 0.02 Cattle, meat byproducts 0.02 Cattle, meat 0.02 Corn, �eld, forage 2.0 Corn, �eld, grain 0.2 Corn, �eld, pop 0.2 Corn, �eld, stover 2.0 Corn, pop, stover 2.0 Corn, sweet (K + CWHR) 0.05 Corn, sweet, stover 2.0 Cotton, gin byproducts 0.7 Cotton, undelinted seed 0.03 Cowpea, forage 5.0 Cowpea, hay 5.0 Egg 0.02 Goat, fat 0.02 (c-d) [Reserved] (a) General. Tolerances are established for combined residues of alachlor (2-chloro-2′,6″ diethyl-N-(methoxymethyl)acetanilide) and its metabolites which can be converted to 2,6 diethylaniline (DEA) or 2-ethyl-6-(1-hydroxyethyl)aniline (1-HEEA) upon basic hydrolysis, calculated as alachlor in or on the following raw agricultural commodities. Commodity Parts per million https://www.federalregister.gov/citation/86-FR-8710 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 279/1218 Goat, meat byproducts 0.02 Goat, meat 0.02 Hog, fat 0.02 Hog meat byproducts 0.02 Hog, meat 0.02 Horse, fat 0.02 Horse, meat byproducts 0.02 Horse, meat 0.02 Milk 0.02 Peanut 0.5 Poultry, fat 0.02 Poultry, meat byproducts 0.02 Poultry, meat 0.02 Sheep, fat 0.02 Sheep, meat byproducts 0.02 Sheep, meat 0.02 Sorghum grain, forage 2.0 Sorghum, grain, grain 0.1 Sorghum, grain, stover 1.0 Soybeans, seed 1.0 Sun�ower, meal 3.4 Sun�ower, seed 2.5 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 280/1218 Animal feed, nongrass, group 18, forage 1.4 Animal feed, nongrass, group 18, hay 1.2 Grain, cereal, forage, and straw, group 16 except corn, sorghum, rice, straw 0.8 Grain, cereal, forage, fodder and straw, group 16 except corn, sorghum, rice, forage 0.6 Grain, cereal, forage, fodder, and straw, group 16 except for corn, sorghum, rice, hay 0.8 Grain, cereal, group 15 except corn, sorghum, rice 0.05 [72 FR 54584, Sept. 26, 2007] § 180.252 Tetrachlorvinphos; tolerances for residues. Cattle, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) 0.2 Cattle, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) 1.0 Cattle, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) 0.5 Cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) 2.0 (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of alachlor (2-chloro-2′,6′-diethyl-N-(methoxymethyl)acetanilide) and its metabolites which can be converted to 2,6-diethylaniline (DEA) or 2-ethyl-6-(1 hydroxyethyl)aniline (1-HEEA) upon basic hydrolysis, calculated as alachlor, in or on the following raw agricultural commodities when present therein as a result of the application of alachlor to the growing crops in paragraph (a) of this section: (a) General. Tolerances are established for the combined residues of the insecticide tetrachlorvinphos [(Z)-2-chloro-1-(2,4,5-trichlorophenyl) vinyl dimethyl phosphate], including its metabolites, 1-(2,4,5-trichlorophenyl)-ethanol (free and conjugated forms), 2,4,5-trichloroacetophenone, and 1-(2,4,5-trichlorophenyl)-ethanediol, in or on the following commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-54584 https://www.ecfr.gov/current/title-40/section-180.249#p-180.249(a) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 281/1218 Cattle, meat byproducts, except kidney and liver 1.0 Egg (of which no more than 0.05 ppm is tetrachlorvinphos per se) 0.2 Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) 0.2 Hog, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) 1.0 Hog, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) 0.5 Hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) 2.0 Hog, meat byproducts, except kidney and liver 1.0 Milk, fat (re�ecting negligible residues in whole milk and of which no more than 0.05 ppm is tetrachlorvinphos per se) 0.05 Poultry, fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) 7.0 Poultry, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) 2.0 Poultry, meat (of which no more than 3.0 ppm is tetrachlorvinphos per se) 3.0 Poultry, meat byproducts, except liver 2.0 [76 FR 57659, Sept. 16, 2011, as amended at 78 FR 15882, Mar. 13, 2013; 78 FR 53684, Aug. 30, 2013] § 180.253 Methomyl; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide methomyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only methomyl, methyl N-[[(methylamino)carbonyl]oxy]ethanimidothioate, in or on the commodity. Commodity Parts per million Commodity Parts per million Expiration/revocation date https://www.federalregister.gov/citation/76-FR-57659 https://www.federalregister.gov/citation/78-FR-15882 https://www.federalregister.gov/citation/78-FR-53684 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 282/1218 Alfalfa, forage 10 None Alfalfa, hay 10 None Apple 1 None Asparagus 2 None Avocado 2 None Barley, grain 1 None Barley, hay 10 None Barley, straw 10 None Bean, dry, seed 0.1 None Bean, forage 10 None Bean, succulent 2 None Beet, garden, tops 6 None Bermudagrass, forage 10 None Bermudagrass, hay 40 None Blueberry 6 None Broccoli 3 None Brussels sprouts 2 None Cabbage 5 None Cabbage, Chinese, bok choy 5 None Cabbage, Chinese, napa 5 None Cauli�ower 2 None Celery 3 None Collards 6 None Commodity Parts per million Expiration/revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 283/1218 Corn, �eld, forage 10 None Corn, �eld, grain 0.1 None Corn, �eld, stover 10 None Corn, pop, grain 0.1 None Corn, pop, stover 10 None Corn, sweet, forage 10 None Corn, sweet, kernel plus cob with husks removed 0.1 None Corn, sweet, stover 10 None Cotton, undelinted seed 0.1 None Dandelion, leaves 6 None Endive 5 None Grape 5 12/31/16 Grapefruit 2 None Hop, dried cones 12 None Kale 6 None Lemon 2 None Lentil, seed 0.1 None Lettuce 5 None Mustard greens 6 None Nectarine 5 None Oat, forage 10 None Oat, grain 1 None 1 Commodity Parts per million Expiration/revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 284/1218 Oat, hay 10 None Oat, straw 10 None Onion, dry bulb 0.2 None Onion, green 3 None Orange 2 None Parsley, leaves 6 None Pea 5 None Pea, �eld, vines 10 None Peach 5 None Peanut 0.1 None Pecan 0.1 None Pepper, bell 2 None Pepper, nonbell 2 None Peppermint, tops 2 None Pomegranate 0.2 None Rye, forage 10 None Rye, grain 1 None Rye, straw 10 None Sorghum, grain, forage 1 None Sorghum, grain, grain 0.2 None Soybean, forage 10 None Soybean, seed 0.2 None Spearmint, tops 2 None Commodity Parts per million Expiration/revocation date 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 285/1218 Spinach 6 None Swiss chard 6 None Tangerine 2 None Tomato 1 None Turnip, greens 6 None Vegetable, brassica, leafy, group 5 6.0 None Vegetable, cucurbit, group 9 0.2 None Vegetable, fruiting, group 8 0.2 None Vegetables, leafy 0.2 None Vegetable, root and tuber, group 1 0.2 None Wheat, forage 10 None Wheat, grain 1 None Wheat, hay 10 None Wheat, straw 10 None There are no U.S. registrations for use of methomyl on hop, dried cone, as of February 14, 1990. Except for Beet (tops), broccoli, Brussels sprouts, cabbage, cabbage, Chinese, cauli�ower, celery, collards, dandelions, endive (escarole), kale, lettuce, mustard greens, parsley, spinach, Swiss chard, turnip, greens (tops), and watercress. 2 1 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with regional registration, as de�ned in § 180.1(l), is established for residues of the insecticide methomyl, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only methomyl, methyl N-[[(methylamino)carbonyl]oxy]ethanimidothioate, in or on the commodity. Commodity Parts per million Expiration/revocation date Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 286/1218 Pear 4 [65 FR 33697, May 24, 2000, as amended at 72 FR 35666, June 29, 2007; 74 FR 46373, Sept. 9, 2009; 75 FR 60242, Sept. 29, 2010; 76 FR 34885, June 15, 2011; 77 FR 59125, Sept. 26, 2012; 80 FR 72598, Nov. 20, 2015] ยง 180.254 Carbofuran; tolerances for residues. Banana 0.1 Coffee, bean, green 0.1 Rice, grain 0.2 Sugarcane, cane 0.1 There are no U.S. registrations for use of carbofuran on these commodities. [39 FR 20597, June 12, 1974] ยง 180.258 Ametryn; tolerances for residues. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the insecticide carbofuran (2,3-dihydro-2,2-dimethyl-7-benzofuranyl-N-methylcarbamate), its carbamate metabolite-2,3-dihydro-2,2-dimethyl-3-hydroxy-7-benzofuranyl-N-methylcarbamate, and its phenolic metabolites 2,3-dihydro-2,2-dimethyl-7-benzofuranol, 2,3-dihydro-2,2-dimethyl-3, oxo-7-benzofuranol and 2,3-dihydro-2,2-dimethyl-3,7-benzofurandiol in or on the following raw agricultural commodities: 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting ยง 180.254, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/65-FR-33697 https://www.federalregister.gov/citation/72-FR-35666 https://www.federalregister.gov/citation/74-FR-46373 https://www.federalregister.gov/citation/75-FR-60242 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/77-FR-59125 https://www.federalregister.gov/citation/80-FR-72598 https://www.federalregister.gov/citation/39-FR-20597 https://www.ecfr.gov/current/title-40/section-180.254 http://www.govinfo.gov/ 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 287/1218 Banana 0.25 6/16/10 Corn, �eld, forage 0.1 None Corn, �eld, grain 0.05 None Corn, �eld, stover 0.05 None Corn, pop, grain 0.05 None Corn, pop, stover 0.05 None Corn, sweet, forage 0.5 6/16/10 Corn, sweet, kernel plus cob with husks removed 0.25 6/16/10 Corn, sweet, stover 0.5 6/16/10 Pineapple 0.05 None Sugarcane, cane 0.05 None [43 FR 29121, July 6, 1978, as amended at 48 FR 13175, Mar. 30, 1983; 48 FR 21132, May 11, 1983; 52 FR 33237, Sept. 2, 1987; 63 FR 57075, Oct. 26, 1998; 73 FR 54961, Sept. 24, 2008; 74 FR 47456, Sept. 16, 2009] § 180.259 Propargite; tolerances for residues. Almond 0.1 (a) General. Tolerances are established for residues of the desiccant and herbicide (2 ethylamino)-4-(isopropylamino)-6-(methylthio)-s-triazine in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the pesticide propargite (2-(p-tert butylphenoxy) cyclohexyl 2-propynyl sul�te) in or on the following food commodities. Commodity Parts per million Expiration/Revocation Date Commodity Parts per million https://www.federalregister.gov/citation/43-FR-29121 https://www.federalregister.gov/citation/48-FR-13175 https://www.federalregister.gov/citation/48-FR-21132 https://www.federalregister.gov/citation/52-FR-33237 https://www.federalregister.gov/citation/63-FR-57075 https://www.federalregister.gov/citation/73-FR-54961 https://www.federalregister.gov/citation/74-FR-47456 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 288/1218 Almond, hulls 55.0 Bean, dry, seed 0.2 Cattle, fat 0.1 Cattle, meat 0.1 Cattle, meat byproducts 0.1 Citrus, oil 30.0 Corn, �eld, forage 10.0 Corn, �eld, grain 0.1 Corn, �eld, stover 10.0 Corn, pop, grain 0.1 Corn, pop, stover 10.0 Corn, sweet, forage 10.0 Corn, sweet, stover 10.0 Cotton, undelinted seed 0.1 Egg 0.1 Goat, fat 0.1 Goat, meat 0.1 Goat, meat byproducts 0.1 Grain, aspirated fractions 0.4 Grape 10.0 Grapefruit 5.0 Hog, fat 0.1 Hog, meat 0.1 Hog, meat byproducts 0.1 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 289/1218 Hop, dried cones 100.0 Horse, fat 0.1 Horse, meat 0.1 Horse, meat byproducts 0.1 Lemon 5.0 Milk, fat (0.08 ppm in milk) 2.0 Nectarine 4.0 Orange 10.0 Peanut 0.1 Peppermint, tops 50.0 Poultry, fat 0.1 Potato 0.1 Sheep, fat 0.1 Sheep, meat 0.1 Sheep, meat byproducts 0.1 Sorghum, grain, forage 10.0 Sorghum, grain, grain 5.0 Sorghum, grain, stover 10.0 Spearmint, tops 50.0 Tea, dried 10.0 Walnut 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of propargite in or on the following raw agricultural commodities: Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 290/1218 Corn, sweet, kernel plus cob with husks removed 0.1 [65 FR 33710, May 24, 2000, as amended at 72 FR 41930, Aug. 1, 2007; 73 FR 54961, Sept. 24, 2008; 76 FR 34885, June 15, 2011] § 180.261 Phosmet; tolerances for residues. Alfalfa, forage 20 Alfalfa, hay 40 Almond, hulls 10 Apple 10 Apricot 5 Blueberry 10 Cattle, fat 0.2 Cattle, meat 0.1 Cattle, meat byproducts 0.1 Cherry 10 Cranberry 10 Fruit, citrus, group 10 5 Goat, fat 0.1 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide phosmet, N (mercaptomethyl) phthalimide S-(O,O-dimethyl phosphorodithioate), including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of phosmet, N-(mercaptomethyl) phthalimide S-(O,O-dimethyl phosphorodithioate), and its oxygen analog, N-(mercaptomethyl) phthalimide S-(O,O dimethyl phosphorothioate, calculated as the stoichiometric equivalent of phosmet, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33710 https://www.federalregister.gov/citation/72-FR-41930 https://www.federalregister.gov/citation/73-FR-54961 https://www.federalregister.gov/citation/76-FR-34885 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 291/1218 Goat, meat 0.1 Goat, meat byproducts 0.1 Grape 10 Hog, fat 0.2 Hog, meat 0.04 Hog, meat byproducts 0.04 Horse, fat 0.1 Horse, meat 0.1 Horse, meat byproducts 0.1 Kiwifruit 25 Milk 0.1 Nectarine 5 Nut, tree, group 14 0.1 Pea, dry, seed 0.5 Pea, �eld, hay 20 Pea, �eld, vines 10 Pea, succulent 1 Peach 10 Pear 10 Plum, prune, fresh 5 Potato 0.1 Sheep, fat 0.1 Sheep, meat 0.1 Sheep, meat byproducts 0.1 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 292/1218 Sweet potato, roots 12 Crabapple 20 Pistachio 0.1 [43 FR 46538, Oct. 10, 1978, as amended at 45 FR 8981, Feb. 11, 1980; 48 FR 37213, Aug. 17, 1983; 52 FR 48539, Dec. 23, 1987; 53 FR 657, Jan. 11, 1988; 53 FR 39090, Oct. 5, 1988; 63 FR 57075, Oct. 26, 1998; 67 FR 49616, July 31, 2002; 74 FR 46698, Sept. 11, 2009; 75 FR 60242, Sept. 29, 2010] § 180.262 Ethoprop; tolerances for residues. Banana 0.02 Bean, lima 0.02 Bean, snap, succulent 0.02 Cabbage 0.02 Corn, �eld, forage 0.02 Corn, �eld, grain 0.02 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration are established for residues of the insecticide phosmet, N-(mercaptomethyl) phthalimide S (O,O-dimethyl phosphorodithioate), including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of phosmet, N (mercaptomethyl) phthalimide S-(O,O-dimethyl phosphorodithioate), and its oxygen analog, N-(mercaptomethyl) phthalimide S-(O,O-dimethyl phosphorothioate, calculated as the stoichiometric equivalent of phosmet, in or on the commodity. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the nematocide and insecticide ethoprop, O-ethyl S,S-dipropyl phosphorodithioate, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only ethoprop, O-ethyl S,S-dipropyl phosphorodithioate, in or on the commodity. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/43-FR-46538 https://www.federalregister.gov/citation/45-FR-8981 https://www.federalregister.gov/citation/48-FR-37213 https://www.federalregister.gov/citation/52-FR-48539 https://www.federalregister.gov/citation/53-FR-657 https://www.federalregister.gov/citation/53-FR-39090 https://www.federalregister.gov/citation/63-FR-57075 https://www.federalregister.gov/citation/67-FR-49616 https://www.federalregister.gov/citation/74-FR-46698 https://www.federalregister.gov/citation/75-FR-60242 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 293/1218 Corn, �eld, stover 0.02 Corn, sweet, forage 0.02 Corn, sweet, kernel plus cob with husks removed 0.02 Corn, sweet, stover 0.02 Cucumber 0.02 Hop, dried cones 0.02 Peppermint, tops 0.02 Pineapple 0.02 Potato 0.02 Spearmint, tops 0.02 Sugarcane, cane 0.02 Sweet potato, roots 0.02 There are no U.S. registrations as of July 23, 2009, except for existing stocks bearing old labeling whose sale, distribution, and use is allowed, provided it is consistent with the terms of the cancellation order of July 9, 2009; i.e., the EPA will allow the technical registrant to continue to sell and distribute existing stocks of the amended registered product bearing old labeling for use on pineapple for 18 months (until January 9, 2011) and persons other than the registrant may continue to sell and/or use existing stocks of product bearing the old labeling until such stocks are exhausted, provided that such use is consistent with the terms of the previously approved labeling on, or that accompanied, the modi�ed product. [47 FR 53004, Nov. 24, 1982, as amended at 48 FR 51485, Nov. 9, 1983; 52 FR 33237, Sept. 2, 1987; 53 FR 30053, Aug. 10, 1988; 63 FR 57075, Oct. 26, 1998; 64 FR 39078, July 21, 1999; 66 FR 38955, July 26, 2001; 67 FR 49616, July 31, 2002; 73 FR 53731, Sept. 17, 2008; 73 FR 54961, Sept. 24, 2008; 74 FR 46373, Sept. 9, 2009; 75 FR 60242, Sept. 29, 2010] § 180.269 Aldicarb; tolerances for residues. 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/47-FR-53004 https://www.federalregister.gov/citation/48-FR-51485 https://www.federalregister.gov/citation/52-FR-33237 https://www.federalregister.gov/citation/53-FR-30053 https://www.federalregister.gov/citation/63-FR-57075 https://www.federalregister.gov/citation/64-FR-39078 https://www.federalregister.gov/citation/66-FR-38955 https://www.federalregister.gov/citation/67-FR-49616 https://www.federalregister.gov/citation/73-FR-53731 https://www.federalregister.gov/citation/73-FR-54961 https://www.federalregister.gov/citation/74-FR-46373 https://www.federalregister.gov/citation/75-FR-60242 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 294/1218 Bean, dry, seed 0.1 Beet, sugar, roots 0.05 Beet, sugar, tops 1 Citrus, dried pulp 0.6 Coffee, bean, green 0.1 Cotton, undelinted seed 0.1 Cotton, hulls 0.3 Grapefruit 0.3 Lemon 0.3 Lime 0.3 Orange, sweet 0.3 Peanut 0.05 Pecan 0.5 Potato 1 Soybean 0.02 Sugarcane, cane 0.02 Sweet potato, roots 0.1 [65 FR 33710, May 24, 2000, as amended at 69 FR 6567, Feb. 11, 2004; 73 FR 54961, Sept. 24, 2008; 81 FR 34905, June 1, 2016] (a) General. Tolerances are established for combined residues of the insecticide and nematocide aldicarb (2-methyl-2-(methylthio)propionaldehyde O-(methylcarbamoyl) oxime and its cholinesterase-inhibiting metabolites 2-methyl 2-(methylsul�nyl) propionaldehyde O-(methylcarbamoyl) oxime and 2-methyl-2-(methylsulfonyl) propionaldehyde O-(methylcarbamoyl) oxime in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33710 https://www.federalregister.gov/citation/69-FR-6567 https://www.federalregister.gov/citation/73-FR-54961 https://www.federalregister.gov/citation/81-FR-34905 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 295/1218 ยง 180.272 Tribuphos; tolerances for residues. Cattle, fat 0.15 Cattle, meat 0.02 Cattle, meat byproducts 0.02 Cotton, gin byproducts 40.0 Cotton, undelinted seed 4.0 Goat, fat 0.15 Goat, meat 0.02 Goat, meat byproducts 0.02 Hog, fat 0.15 Hog, meat 0.02 Hog, meat byproducts 0.02 Horse, fat 0.15 Horse, meat 0.02 Horse, meat byproducts 0.02 Milk 0.01 Sheep, fat 0.15 Sheep, meat 0.02 Sheep, meat byproducts 0.02 [65 FR 33698, May 24, 2000, as amended at 67 FR 49616, July 31, 2002; 72 FR 53460, Sept. 19, 2007] (a) General. Tolerances are established for residues of the defoliant tribuphos (S,S,S-tributyl phosphorotrithioate) in or on food commodities as follows: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33698 https://www.federalregister.gov/citation/67-FR-49616 https://www.federalregister.gov/citation/72-FR-53460 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 296/1218 § 180.274 Propanil; tolerances for residues. Cattle, fat 0.10 Cattle, meat 0.05 Cattle, meat byproducts 1.0 Cray�sh 0.05 Egg 0.30 Goat, fat 0.10 Goat, meat 0.05 Goat, meat byproducts 1.0 Hog, fat 0.10 Hog, meat 0.05 Hog, meat byproducts 1.0 Horse, fat 0.10 Horse, meat 0.05 Horse, meat byproducts 1.0 Milk 0.05 Poultry, fat 0.05 Poultry, meat 0.10 Poultry, meat byproducts 0.50 Rice, bran 40 Rice, grain 10 Rice, hulls 30 (a) General. Tolerances are established for the combined residues of the herbicide propanil (3′, 4′-dichloropropionanilide) and its metabolites convertible to 3, 4-dichloroaniline (3, 4 DCA) in or on the following food commodities: Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 297/1218 Sheep, fat 0.10 Sheep, meat 0.05 Sheep, meat byproducts 1.0 [63 FR 34827, June 26, 1998, as amended at 72 FR 28888, May 23, 2007; 80 FR 72598, Nov. 20, 2015] ยง 180.275 Chlorothalonil; tolerances for residues. Almond 0.05 Almond, hulls 1.0 Apricot 0.5 Asparagus 0.1 Banana (NMT 0.05 ppm in edible pulp) 0.5 Bean, dry, seed 0.1 Bean, snap, succulent 5 Blueberry 1.0 Brassica, head and stem, subgroup 5A 5.0 Carrot, roots 1 Celery 15 Cherry, sweet 0.5 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for the fungicide chlorothalonil (tetrachloroisophthalonitrile) and its metabolite 4-hydroxy-2,5,6 trichloroisophthalonitrile in or on the following food commodities. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/63-FR-34827 https://www.federalregister.gov/citation/72-FR-28888 https://www.federalregister.gov/citation/80-FR-72598 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 298/1218 Cherry, tart 0.5 Cocoa bean, dried bean 0.05 Coffee, bean, green 0.20 Corn, sweet, kernel plus cob with husks removed 1 Cranberry 5.0 Ginseng 4.0 Horseradish 4.0 Lentil 0.10 Lychee 15 Mango 1.0 Mushroom 1.0 Nectarine 0.5 Okra 6.0 Onion, bulb 0.5 Onion, green 5 Papaya 15 Parsnip, roots 1 Passionfruit 3 Pea, edible podded 5 Peach 0.5 Peanut 0.3 Pistachio 0.2 Plum 0.2 Plum, prune 0.2 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 299/1218 Potato 0.1 Rhubarb 4.0 Soybean 0.2 Starfruit 3.0 Tomato 5 Vegetable, cucurbit, group 9 5.0 Vegetable, fruiting, group 8, except tomato 6.0 Yam, true 0.10 Cattle, fat 0.1 Cattle, kidney 0.5 Cattle, meat byproducts, except kidney 0.05 Cattle, meat 0.03 Goat, fat 0.1 Goat, kidney 0.5 Goat, meat byproducts, except kidney 0.05 Goat, meat 0.03 Hog, fat 0.1 Hog, kidney 0.5 Hog, meat byproducts, except kidney 0.05 Hog, meat 0.03 Horse, fat 0.1 (2) Tolerances are established for the metabolite 4-hydroxy-2,5,6 trichloroisophthalonitrile in or on the following food commodities. Commodity Parts per million Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 300/1218 Horse, kidney 0.5 Horse, meat byproducts, except kidney 0.05 Horse, meat 0.03 Milk 0.1 Sheep, fat 0.1 Sheep, kidney 0.5 Sheep, meat byproducts, except kidney 0.05 Sheep, meat 0.03 Hazelnut 0.1 Peppermint, tops 2 Persimmon 1.5 Spearmint, tops 2 [42 FR 56114, Oct. 21, 1977] § 180.276 Formetanate hydrochloride; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for the combined residues of chlorothalonil and its metabolite in or on the following raw agricultural commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide formetanate hydrochloride, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.275, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/42-FR-56114 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) https://www.ecfr.gov/current/title-40/section-180.275 http://www.govinfo.gov/ 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 301/1218 Apple 0.50 12/31/13 Apple, wet pomace 1.5 12/31/13 Grapefruit 1.5 None Lemon 0.60 None Lime 0.03 None Nectarine 0.40 None Orange 1.5 None Peach 0.40 12/31/13 Pear 0.50 12/31/13 Tangelo 0.03 None Tangerine 0.03 None [77 FR 40815, July 11, 2012] ยง 180.278 Phenmedipham; tolerances for residues. Beet, garden, roots 0.2 Beet, garden, tops 0.2 to be determined by measuring only formetanate hydrochloride, N,N-dimethyl-N'-[3 [(methylamino)carbonyl]oxy]phenyl]methanimidamide hydrochloride, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the herbicide phenmedipham (3-methoxycarbonylaminophenyl-3โ�ฒ-methylcarbanilate) in or on the following food commodities: Commodity Parts per million Expiration/revocation date Commodity Parts per million https://www.federalregister.gov/citation/77-FR-40815 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 302/1218 Beet, sugar, dried pulp 0.5 Beet, sugar, molasses 0.2 Beet, sugar, roots 0.1 Beet, sugar, tops 0.1 Spinach 4.0 [72 FR 28888, May 23, 2007] ยง 180.284 Zinc phosphide; tolerances for residues. Alfalfa, forage 0.2 Alfalfa, hay 0.2 Barley, grain 0.05 Barley, hay 0.2 Barley, straw 0.2 Bean, dry, seed 0.05 Beet, sugar, roots 0.05 Beet, sugar, tops 0.2 Grape 0.01 Grass, rangeland, forage 0.1 Grass, rangeland, hay 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the phosphine resulting from the use of the rodenticide zinc phosphide in or on the raw agricultural commodities as follows: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-28888 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 303/1218 Potato 0.05 Sugarcane, cane 0.01 Timothy, hay 0.5 Timothy, forage 0.5 Wheat, forage 0.05 Wheat, grain 0.05 Wheat, hay 0.05 Wheat, straw 0.05 Artichoke, globe 0.01 Beet, sugar, roots 0.04 Beet, sugar, tops 0.02 [63 FR 45182, Aug. 25, 1998, as amended at 63 FR 67799, Dec. 9, 1998; 64 FR 40772, July 28, 1999; 64 FR 61791, Nov. 15, 1999; 65 FR 8874, Feb. 23, 2000; 65 FR 49941, Aug. 16, 2000; 65 FR 62634, Oct. 19, 2000; 66 FR 64773, Dec. 14, 2001; 68 FR 2247, Jan. 16, 2003; 68 FR 56195, Sept. 30, 2003; 70 FR 7046, Feb. 10, 2005; 74 FR 46373, Sept. 9, 2009; 76 FR 34885, June 15, 2011] § 180.287 Amitraz; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of phosphine resulting from the use of the rodenticide zinc phosphide in or on the following raw agricultural commodities as follows: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide amitraz (N'-[2,4 dimethylphenyl]-N-[[(2,4-dimethylphenyl)imino]methyl]]-N-methylmethanimidamide), including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed is to be determined by measuring amitraz residues convertible to 2,4-dimethylaniline, expressed as the stoichiometric equivalent of amitraz, in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/63-FR-45182 https://www.federalregister.gov/citation/63-FR-67799 https://www.federalregister.gov/citation/64-FR-40772 https://www.federalregister.gov/citation/64-FR-61791 https://www.federalregister.gov/citation/65-FR-8874 https://www.federalregister.gov/citation/65-FR-49941 https://www.federalregister.gov/citation/65-FR-62634 https://www.federalregister.gov/citation/66-FR-64773 https://www.federalregister.gov/citation/68-FR-2247 https://www.federalregister.gov/citation/68-FR-56195 https://www.federalregister.gov/citation/70-FR-7046 https://www.federalregister.gov/citation/74-FR-46373 https://www.federalregister.gov/citation/76-FR-34885 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 304/1218 Cattle, fat 0.1 Cattle, meat 0.02 Cattle, meat byproducts 0.2 Hog, fat 0.1 Hog, kidney 0.1 Hog, liver 0.1 Hog, meat 0.05 Hog, meat byproducts 0.3 Honey 0.2 Honeycomb 9 Milk 0.03 Milk, fat 0.2 [44 FR 70145, Dec. 6, 1979, as amended at 51 FR 16846, May 7, 1986; 52 FR 5767, Feb. 26, 1987; 57 FR 53568, Nov. 12, 1992; 58 FR 14316, Mar. 17, 1993; 60 FR 12704, Mar. 8, 1995; 67 FR 49616, July 31, 2002; 72 FR 53454, Sept. 19, 2007; 74 FR 47456, Sept. 16, 2009; 78 FR 17133, Mar. 20, 2013; 80 FR 72598, Nov. 20, 2015] ยง 180.288 2-(Thiocyanomethylthio)benzothiazole; tolerances for residues. Barley, grain 0.1(N) Barley, straw 0.1(N) Beet, sugar, roots 0.1(N) (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide 2 (thiocyanomethylthio)benzothiazole in or on the following food commodities: CommodityCommodity Parts per millionParts per million Commodity Parts per million https://www.federalregister.gov/citation/44-FR-70145 https://www.federalregister.gov/citation/51-FR-16846 https://www.federalregister.gov/citation/52-FR-5767 https://www.federalregister.gov/citation/57-FR-53568 https://www.federalregister.gov/citation/58-FR-14316 https://www.federalregister.gov/citation/60-FR-12704 https://www.federalregister.gov/citation/67-FR-49616 https://www.federalregister.gov/citation/72-FR-53454 https://www.federalregister.gov/citation/74-FR-47456 https://www.federalregister.gov/citation/78-FR-17133 https://www.federalregister.gov/citation/80-FR-72598 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 305/1218 Beet, sugar, tops 0.1(N) Corn, �eld, forage 0.1(N) Corn, �eld, grain 0.1 Corn, �eld, stover 0.1 Corn, pop, grain 0.1 Corn, pop, stover 0.1 Cotton, forage 0.1(N) Cotton, undelinted seed 0.1(N) Oat, forage 0.1(N) Oat, grain 0.1(N) Oat, hay 0.1(N) Oat, straw 0.1(N) Rice, grain 0.1(N) Sa�ower, seed 0.1(N) Sorghum, grain, forage 0.1(N) Sorghum, grain, grain 0.1(N) Sorghum, grain, stover 0.1(N) Wheat, forage 0.1(N) Wheat, grain 0.1(N) Wheat, hay 0.1(N) Wheat, straw 0.1(N) (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 306/1218 [68 FR 39440, July 1, 2003, as amended at 74 FR 46374, Sept. 9, 2009; 80 FR 72598, Nov. 20, 2015] § 180.289 Methanearsonic acid; tolerances for residues. Cotton, undelinted seed 0.7 None Cotton, hulls 0.9 None Fruit, citrus 0.35 12/31/12 [63 FR 34828, June 26, 1998, as amended at 77 FR 59126, Sept. 26, 2012] § 180.291 Pentachloronitrobenzene; tolerance for residues. Bean 0.1 Brassica, head and stem, subgroup 5A 0.1 Cotton, undelinted seed 0.1 Garlic, bulb 0.1 Peanut 1.0 Potato 0.1 Soybean, forage 0.02 (a) General. Tolerances are established for residues of the herbicide methanearsonic acid, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only methanearsonic acid, from application of the disodium and monosodium salts of methanearsonic acid, calculated as the stoichiometric equivalent of As O , in or on the commodity.2 3 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the fungicide pentachloronitrobenzene (PCNB) and its metabolites pentachloroaniline (PCA), and pentachlorothioanisole (PCTA), in or on the following food commodities: Commodity Parts per million Expiration/Revocation Date Commodity Parts per million https://www.federalregister.gov/citation/68-FR-39440 https://www.federalregister.gov/citation/74-FR-46374 https://www.federalregister.gov/citation/80-FR-72598 https://www.federalregister.gov/citation/63-FR-34828 https://www.federalregister.gov/citation/77-FR-59126 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 307/1218 Soybean, hay 0.02 Soybean, seed 0.02 Vegetable, fruiting, group 8 0.1 Collards 0.2 Kale 0.2 Mustard, greens 0.2 [74 FR 47456, Sept. 16, 2009] § 180.292 Picloram; tolerances for residues. Barley, grain 0.5 Barley, pearled barley 3.0 Barley, straw 1.0 Cattle, fat 0.4 Cattle, meat 0.4 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations, as de�ned in § 180.1(l), are established for the combined residues of the fungicide pentachloronitrobenzene (PCNB) and its metabolites pentachloroaniline (PCA), and pentachlorothioanisole (PCTA), in or on the following food commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide picloram, 4-amino-3,5,6 trichloropicolinic acid, including its metabolites and degradates, in or on the commodities in the following table from its application in the acid form or in the form of its salts. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only picloram, 4-amino-3,5,6-trichloropicolinic acid, in or on the commodity. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/74-FR-47456 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 308/1218 Cattle, meat byproducts 15 Egg 0.05 Goat, fat 0.4 Goat, meat 0.4 Goat, meat byproducts 15 Grain, aspirated fractions 4.0 Grass, forage 400 Grass, hay 225 Hog, fat 0.05 Hog, meat 0.05 Hog, meat byproducts 0.05 Horse, fat 0.4 Horse, meat 0.4 Horse, meat byproducts 15 Milk 0.25 Oat, forage 1.0 Oat, grain 0.5 Oat, groats/rolled oats 3.0 Oat, straw 1.0 Poultry, fat 0.05 Poultry, meat 0.05 Poultry, meat byproducts 0.05 Sheep, fat 0.4 Sheep, meat 0.4 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 309/1218 Sheep, meat byproducts 15 Wheat, bran 3.0 Wheat, forage 1.0 Wheat, germ 3.0 Wheat, grain 0.5 Wheat, middlings 3.0 Wheat, shorts 3.0 Wheat, straw 1.0 [41 FR 19221, May 11, 1976, as amended at 47 FR 53005, Nov. 24, 1982; 64 FR 425, Jan. 5, 1999; 64 FR 39082, July 21, 1999; 72 FR 41930, Aug. 1, 2007; 75 FR 60243, Sept. 29, 2010] § 180.293 Endothall; tolerances for residues. Apple 0.05 Apple, wet pomace 0.15 Cotton, undelinted seed 0.1 Fish 0.1 Hop, dried cones 0.1 Potato 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for the residues of endothall, including its metabolites and degradates, in or on the commodities in the table, below. Compliance with the tolerance levels speci�ed, below, is to be determined by measuring only endothall (7 oxabicylco [2.2.1] heptanes-2,3-dicarboxylic acid) and its mono-methyl ester. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/41-FR-19221 https://www.federalregister.gov/citation/47-FR-53005 https://www.federalregister.gov/citation/64-FR-425 https://www.federalregister.gov/citation/64-FR-39082 https://www.federalregister.gov/citation/72-FR-41930 https://www.federalregister.gov/citation/75-FR-60243 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 310/1218 Rice, grain 0.05 Almond, hulls 15.0 Animal feed, nongrass, group 18, forage 4.0 Animal feed, nongrass, group 18, hay 10 Apple, wet pomace 0.15 Beet, sugar, molasses 1.5 Brassica, head and stem subgroup 5A 0.1 Brassica, leafy, subgroup 5B 2.0 Bushberry subgroup 13-07B 0.6 Caneberry subgroup 13-07A 0.6 Cattle, fat 0.05 Cattle, kidney 0.05 Cattle, kidney 0.20 Cattle, liver 0.10 Cattle, liver 0.05 (2) An interim tolerance of 0.2 parts per million is established for residues of the herbicide endothall (7 - oxabicyclo[2.2.1] heptane-2,3-dicarboxylic acid) in water, potable from use of its potassium, sodium, di-N, N-dimethylalkylamine, and mono-N N,-dimethylalkylamine salts as algicides or herbicides to control aquatic plants in canals, lakes, ponds, and other potential sources of water, potable. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the indirect or inadvertent combined residues of the herbicide, endothall (7 - oxabicyclo[2.2.1] heptane-2,3 dicarboxylic acid) in potable water from use of its potassium, sodium, di-N, N dimethylalkylamine, and mono- N-N, -dimethylalkylamine salts as algicides or herbicides to control aquatic plants in canals, lakes, ponds, and other potable water sources that may lead to endothall residues in or on the following commodities: 1 1 Commodity Parts per million Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 311/1218 Cattle, meat 0.05 Corn, �eld, grain 0.07 Corn, pop, grain 0.07 Corn, sweet, kernel plus cob with husks removed 0.3 Citrus, dried pulp 0.1 Egg 0.05 Feed commodities not otherwise listed 10.0 Food commodities not otherwise listed 5.0 Fruit, citrus group 10 0.05 Fruit, pome, group 11 0.05 Fruit, stone, group 12 0.3 Goat, fat 0.05 Goat, kidney 0.15 Goat, kidney 0.05 Goat, liver 0.05 Goat, meat 0.05 Grain, aspirated fractions 35.0 Grain cereal, forage, fodder and straw, group 16 10.0 Grain, cereal, group 15, except corn 4.0 Grape 1.0 Grape, raisin 5.0 Grass, forage, fodder, and hay group 17, forage 3.5 Grass, forage, fodder, and hay group 17, hay 18.0 Herb and spice, group 19 5.0 1 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 312/1218 Hog, fat 0.05 Hog, kidney 0.10 Hog, kidney 0.05 Hog, liver 0.05 Hog, meat 0.05 Milk 0.03 Milk 0.01 Nut, tree, group 14 0.05 Okra 0.05 Pea and bean, dried shelled, subgroup 6C 0.2 Pea and bean, succulent shelled, subgroup 6B 2.0 Peppermint, tops 5.0 Pistachio 0.05 Poultry, fat 0.05 Poultry, liver 0.05 Poultry, meat 0.05 Poultry, meat byproducts 0.20 Poultry, meat byproducts 0.05 Rice, hulls 8.0 Sheep, fat 0.05 Sheep, kidney 0.15 Sheep, kidney 0.05 Sheep, liver 0.05 Sheep, meat 0.05 1 1 1 1 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 313/1218 Soybean, hulls 0.5 Soybean, seed 0.2 Spearmint, tops 5.0 Tomato, paste 0.1 Tomato, puree 0.1 Vegetable, bulb, group 3-07 0.5 Vegetable, cucurbit, group 9 1.5 Vegetable, foliage of legume, group 7 4.0 Vegetable, fruiting, group 8 0.05 Vegetable, leafy, except brassica, group 4 2.0 Vegetable, leaves of root and tuber, group 2 3.0 Vegetable, legume, edible, podded, subgroup 6A 2.0 Vegetable, root and tuber, group 1 1.0 Wheat, milled byproducts 5.0 This tolerance expires on May 22, 2017. [41 FR 23717, June 11, 1976, as amended at 51 FR 4498, Feb. 5, 1986; 62 FR 49931, Sept. 24, 1997; 63 FR 42249, Aug. 7, 1998; 67 FR 35048, May 17, 2002; 71 FR 47106, Aug. 16, 2006; 71 FR 74816, Dec. 13, 2006; 72 FR 52018, Sept. 12, 2007; 74 FR 67097, Dec. 18, 2009; 78 FR 76566, Dec. 18, 2013; 80 FR 72598, Nov. 20, 2015; 81 FR 83169, Nov. 21, 2016] ยง 180.297 N-1-Naphthyl phthalamic acid; tolerances for residues. Cantaloupe 0.1(N) Cucumber 0.1(N) 1 (a) General. Tolerances are established for residues of the herbicide N-1-naphthyl phthalamic acid from application of its sodium salt in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/41-FR-23717 https://www.federalregister.gov/citation/51-FR-4498 https://www.federalregister.gov/citation/62-FR-49931 https://www.federalregister.gov/citation/63-FR-42249 https://www.federalregister.gov/citation/67-FR-35048 https://www.federalregister.gov/citation/71-FR-47106 https://www.federalregister.gov/citation/71-FR-74816 https://www.federalregister.gov/citation/72-FR-52018 https://www.federalregister.gov/citation/74-FR-67097 https://www.federalregister.gov/citation/78-FR-76566 https://www.federalregister.gov/citation/80-FR-72598 https://www.federalregister.gov/citation/81-FR-83169 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 314/1218 Muskmelon 0.1(N) Watermelon 0.1(N) [45 FR 32306, May 16, 1980, as amended at 63 FR 57075, Oct. 26, 1998] § 180.298 Methidathion; tolerances for residues. Almond, hulls 6.0 12/31/16 Artichoke, globe 0.05 12/31/16 Citrus, oil 420.0 12/31/16 Cotton, undelinted seed 0.2 12/31/16 Fruit, citrus, group 10, except tangerine 4.0 12/31/16 Fruit, pome, group 11 0.05 12/31/16 Fruit, stone, group 12 0.05 12/31/16 Mango 0.05 12/31/16 Nut, tree, group 14 0.05 12/31/16 Olive 0.05 12/31/16 Sa�ower, seed 0.5 12/31/16 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide methidathion, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only methidathion, S-[(5-methoxy-2-oxo-1,3,4-thiadiazol-3(2H)-yl)methyl] O,O dimethyl phosphorodithioate, in or on the commodity. Commodity Parts per million Commodity Parts per million Expiration/revocation date https://www.federalregister.gov/citation/45-FR-32306 https://www.federalregister.gov/citation/63-FR-57075 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 315/1218 Sorghum, forage, forage 2.0 12/31/16 Sorghum, grain, forage 2.0 12/31/16 Sorghum, grain, grain 0.2 12/31/16 Sorghum, grain, stover 2.0 12/31/16 Sun�ower, seed 0.5 12/31/16 Tangerine 6.0 12/31/16 Kiwifruit 0.1 12/31/16 Longan 0.1 12/31/16 Starfruit 0.1 12/31/16 Sugar apple 0.2 12/31/16 [43 FR 44845, Sept. 29, 1978] § 180.299 Dicrotophos; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the insecticide methidathion, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only methidathion, S-[(5-methoxy-2-oxo-1,3,4-thiadiazol-3(2H)-yl)methyl] O,O dimethyl phosphorodithioate, in or on the commodity. (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Expiration/revocation date Commodity Parts per million Expiration/ revocation date For FEDERAL REGISTER citations affecting § 180.298, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/43-FR-44845 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) https://www.ecfr.gov/current/title-40/section-180.298 http://www.govinfo.gov/ 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 316/1218 Cotton, gin byproducts 2.0 Cotton, undelinted seed 0.2 [73 FR 52613, Sept. 10, 2008] ยง 180.300 Ethephon; tolerances for residues. Apple 5.0 Apple, juice 10.0 Barley, bran 5.0 Barley, grain 2.0 Barley, straw 10.0 Blackberry 30.0 Blueberry 20.0 Cantaloupe 2.0 Cattle, fat 0.02 Cattle, kidney 1.0 Cattle, meat 0.02 Cattle, meat byproducts, except kidney 0.2 (a) General. Tolerances are established for residues of the insecticide dicrotophos, dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide, in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the plant regulator ethephon [(2 chloroethyl) phosphonic acid] in or on food commodities as follows: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/73-FR-52613 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 317/1218 Cherry 10.0 Coffee, bean, green 0.5 Cotton, gin byproducts 180.0 Cotton, undelinted seed 6.0 Egg 0.002 Goat, fat 0.02 Goat, kidney 1.0 Goat, meat 0.02 Goat, meat byproducts, except kidney 0.2 Grape 2.0 Grape, raisin 12.0 Hazelnut 0.80 Hog, fat 0.02 Hog, kidney 1.0 Hog, meat 0.02 Hog, meat byproducts, except kidney 0.2 Horse, fat 0.02 Horse, kidney 1.0 Horse, meat 0.02 Horse, meat byproducts, except kidney 0.2 Milk 0.01 Nut, macadamia 0.5 Pepper 30.0 Pineapple 2.0 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 318/1218 Poultry, fat 0.02 Poultry, liver 0.05 Poultry, meat 0.01 Poultry, meat byproducts, except liver 0.01 Sheep, fat 0.02 Sheep, kidney 1.0 Sheep, meat 0.02 Sheep, meat byproducts, except kidney 0.2 Sugarcane, molasses 1.5 Tomato 2.0 Walnut 0.5 Wheat, bran 5.0 Wheat, germ 5.0 Wheat, grain 2.0 Wheat, middlings 5.0 Wheat, shorts 5.0 Wheat, straw 10.0 [65 FR 33710, May 24, 2000, as amended at 72 FR 53455, Sept. 19, 2007; 75 FR 56015, Sept. 15, 2010; 80 FR 72598, Nov. 20, 2015] § 180.301 Carboxin; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with regional registration, as de�ned in § 180.1(m), of 0.1 part per million is established for residues of the plant regulator ethephon [(2-chloroethyl)phosphonic acid] in or on the food commodity sugarcane. (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33710 https://www.federalregister.gov/citation/72-FR-53455 https://www.federalregister.gov/citation/75-FR-56015 https://www.federalregister.gov/citation/80-FR-72598 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(m) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 319/1218 Barley, grain 0.2 Barley, straw 0.2 Bean, dry, seed 0.2 Bean, succulent 0.2 Canola, seed 0.03 Cattle, fat 0.05 Cattle, meat byproducts 0.1 Cattle, meat 0.05 Corn, �eld, forage 0.2 Corn, �eld, grain 0.2 Corn, �eld, stover 0.2 Corn, pop, grain 0.2 Corn, pop, stover 0.2 Corn, sweet, forage 0.2 Corn, sweet, kernel plus cob with husks removed 0.2 Corn, sweet, stover 0.2 Cotton, undelinted seed 0.2 Egg 0.05 Goat, fat 0.05 Goat, meat byproducts 0.1 Goat, meat 0.05 Hog, fat 0.05 (a) General. Tolerances are established for the combined residues of the fungicide carboxin (5,6-dihydro-2-methyl-1,4-oxathiin-3-carboxanilide) and its metabolites determined as aniline and expressed as parent compound, in or on food commodities as follows: Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 320/1218 Hog, meat byproducts 0.1 Hog, meat 0.05 Horse, fat 0.05 Horse, meat byproducts 0.1 Horse, meat 0.05 Milk 0.05 Oat, forage 0.5 Oat, grain 0.2 Oat, straw 0.2 Onion, bulb 0.2 Peanut 0.2 Peanut, hay 0.2 Poultry, fat 0.1 Poultry, meat byproducts 0.1 Poultry, meat 0.1 Rice, grain 0.2 Sa�ower, seed 0.2 Sheep, fat 0.05 Sheep, meat byproducts 0.1 Sheep, meat 0.05 Soybean, seed 0.2 Wheat, forage 0.5 Wheat, grain 0.2 Wheat, straw 0.2 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 321/1218 [47 FR 55222, Dec. 8, 1982, as amended at 50 FR 81, Jan. 2, 1985; 62 FR 4915, Feb. 3, 1997; 63 FR 4586, Jan. 30, 1998; 64 FR 11801, Mar. 10, 1999; 66 FR 9773, Feb. 12, 2001; 66 FR 64773, Dec. 14, 2001; 67 FR 40218, June 12, 2002; 67 FR 72853, Dec. 9, 2002; 71 FR 56383, Sept. 27, 2006; 80 FR 72598, Nov. 20, 2015] ยง 180.303 Oxamyl; tolerances for residues. Apple 2 Banana 0.3 Cantaloupe 2.0 Carrot 0.1 Celery 10.0 Cotton, undelinted seed 0.2 Cucumber 2.0 Eggplant 2.0 Fruit, citrus, group 10 3 Garlic, bulb 0.2 Melon, honeydew 2.0 Onion, bulb 0.2 Peanut 0.05 Peanut, hay 2.0 Pear 2.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the insecticide oxamyl, methyl N,N-dimethyl-N-[(methylcarbamoyl)-oxy]-1-thiooxamimidate, and its oxime metabolite methyl N,N-dimethyl-N-hydroxy-1-thiooxamimidate calculated as oxamyl in or on the following food commodities: Commodity Parts per million https://www.federalregister.gov/citation/47-FR-55222 https://www.federalregister.gov/citation/50-FR-81 https://www.federalregister.gov/citation/62-FR-4915 https://www.federalregister.gov/citation/63-FR-4586 https://www.federalregister.gov/citation/64-FR-11801 https://www.federalregister.gov/citation/66-FR-9773 https://www.federalregister.gov/citation/66-FR-64773 https://www.federalregister.gov/citation/67-FR-40218 https://www.federalregister.gov/citation/67-FR-72853 https://www.federalregister.gov/citation/71-FR-56383 https://www.federalregister.gov/citation/80-FR-72598 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 322/1218 Peppermint, tops 10.0 Pepper, bell 2.0 Pepper, nonbell 5.0 Pineapple 1 Pineapple, process residue 2.0 Pumpkin 2.0 Spearmint, tops 10.0 Squash, summer 2.0 Squash, winter 2.0 Tomato 2 Vegetable, tuberous and corm, subgroup 1C 0.1 Watermelon 2.0 [73 FR 54961, Sept. 24, 2008, as amended at 72598, Nov. 20, 2015] ยง 180.304 Oryzalin; tolerances for residues. Almond, hulls 0.05 Avocado 0.05 Berry group 13 0.05 Cranberry 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide oryzalin, 3,5-dinitro N ,N -dipropylsulfanilamide, in or on the following raw agricultural commodities:4 4 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/73-FR-54961 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 323/1218 Fig 0.05 Fruit, citrus, group 10 0.05 Fruit, pome, group 11 0.05 Fruit, stone, group 12 0.05 Grape 0.05 Kiwifruit 0.05 Nut, tree, group 14 0.05 Olive 0.05 Pistachio 0.05 Pomegranate 0.05 Strawberry 0.05 Guava 0.05 Papaya 0.05 [71 FR 54434, Sept. 15, 2006, as amended at 76 FR 34885, June 15, 2011] § 180.314 Triallate; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of oryzalin, 3,5-dinitro-N ,N -dipropylsulfanilamide, in or on the following raw agricultural commodities: 4 4 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of triallate, S-2,3,4-trichloroallyl diisopropylthiocarbamate and its metabolite 2,3,3-trichloroprop-2-enesulfonic acid (TCPSA) in or on the following food commodity: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/71-FR-54434 https://www.federalregister.gov/citation/76-FR-34885 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 324/1218 Bermudagrass, hay 0.3 Barley, grain 0.05 Barley, hay 1.0 Barley, straw 0.3 Beet, sugar, dried pulp 0.2 Beet, sugar, roots 0.1 Beet, sugar, tops 0.5 Pea, dry 0.2 Pea, �eld, hay 1.0 Pea, �eld, vines 0.5 Pea, succulent 0.2 Wheat, forage 0.5 Wheat, grain 0.05 Wheat, hay 1.0 Wheat, straw 1.0 [72 FR 28888, May 23, 2007, as amended at 73 FR 5109, Jan. 29, 2008; 73 FR 53738, Sept. 17, 2008; 74 FR 29963, June 24, 2009] § 180.316 Pyrazon; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with a regional registration, as de�ned in 180.1(l),are established for residues of the herbicide (S-2, 3, 4-trichloroallyl diisopropylthiocarbamate) and its metabolite 2, 3, 3-trichloroprop-2-enesulfonic acid (TCPSA) in or on the following food commodities: (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-28888 https://www.federalregister.gov/citation/73-FR-5109 https://www.federalregister.gov/citation/73-FR-53738 https://www.federalregister.gov/citation/74-FR-29963 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 325/1218 Beet, garden, roots 0.9 Beet, garden, tops 7.0 Beet, sugar, molasses 1.5 Beet, sugar, roots 0.2 Beet, sugar, tops 3.0 Cattle, fat 0.10 Cattle, liver 0.15 Cattle, meat 0.10 Cattle, meat byproducts, except liver 0.10 Goat, fat 0.10 Goat, liver 0.15 Goat, meat 0.10 Goat, meat byproducts, except liver 0.10 Horse, fat 0.10 Horse, liver 0.15 Horse, meat 0.10 Horse, meat byproducts, except liver 0.10 Milk 0.02 Sheep, fat 0.10 Sheep, liver 0.15 Sheep, meat 0.10 Sheep, meat byproducts, except liver 0.10 (a) General. Tolerances are established for combined residues of the herbicide pyrazon (5 amino-4-chloro-2-phenyl-3(2H)-pyridazinone) and its metabolites (calculated as pyrazon) in or on the following food commodities: Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 326/1218 Corn, �eld, forage 0.5 Corn, �eld, stover 0.5 Soybean, forage 0.5 Soybean, hay 0.5 Wheat, forage 0.3 Wheat, hay 0.2 Wheat, straw 0.1 [68 FR 39441, July 1, 2003, as amended at 73 FR 52614, Sept. 10, 2008] § 180.317 Propyzamide; tolerances for residues. Alfalfa, seed 10.0 Animal feed, nongrass, group 18 10.0 Apple 0.1 Artichoke, globe 0.01 Blackberry 0.05 Blueberry 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for combined residues of the herbicide pyrazon, 5-amino-4-chloro-2-phenyl-3(2H)-pyridazinone, and its metabolites (calculated as pyrazon), in or on the following food commodities: (a) General. Tolerances are established for residues of the herbicide propyzamide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only those propyzamide residues convertible to methyl 3,5-dichlorobenzoate, expressed as the stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-dimethyl 2-propynyl)benzamide, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/68-FR-39441 https://www.federalregister.gov/citation/73-FR-52614 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 327/1218 Boysenberry 0.05 Cattle, fat 0.2 Cattle, kidney 0.4 Cattle, liver 0.4 Cattle, meat 0.02 Cattle, meat byproducts, except kidney and liver 0.02 Egg 0.02 Endive 1.0 Fruit, stone, group 12 0.1 Goat, fat 0.2 Goat, kidney 0.4 Goat, liver 0.4 Goat, meat 0.02 Goat, meat byproducts, except kidney and liver 0.02 Grape 0.1 Hog, fat 0.2 Hog, kidney 0.4 Hog, liver 0.4 Hog, meat 0.02 Hog, meat byproducts, except kidney and liver 0.02 Horse, fat 0.2 Horse, kidney 0.4 Horse, liver 0.4 Horse, meat 0.02 Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 328/1218 Horse, meat byproducts, except kidney and liver 0.02 Lettuce, head 1.0 Lettuce, leaf 1.0 Milk 0.02 Pear 0.1 Poultry, fat 0.02 Poultry, liver 0.2 Poultry, meat 0.02 Poultry, meat byproducts, except liver 0.02 Radicchio 2.0 Raspberry 0.05 Sheep, fat 0.2 Sheep, kidney 0.4 Sheep, liver 0.4 Sheep, meat 0.02 Sheep, meat byproducts, except kidney and liver 0.02 Cranberry 1 December 31, 2022 (b) Section 18 emergency exemptions. The time-limited tolerance speci�ed in the table in this paragraph (b) is established for residues of the herbicide propyzamide, including its metabolites and degradates, in or on the speci�ed agricultural commodity in the table in this paragraph (b), resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance level speci�ed in the table in this paragraph (b) is to be determined by measuring only those propyzamide residues convertible to methyl 3,5-dichlorobenzoate, expressed as the stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide in or on the commodity. The time-limited tolerance expires on the date speci�ed in the table in this paragraph (b). Commodity Parts per million Commodity Parts per million Expiration/revocation date https://www.ecfr.gov/current/title-40/section-180.317#p-180.317(b) https://www.ecfr.gov/current/title-40/section-180.317#p-180.317(b) https://www.ecfr.gov/current/title-40/section-180.317#p-180.317(b) https://www.ecfr.gov/current/title-40/section-180.317#p-180.317(b) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 329/1218 Pea, �eld, seed 0.05 Rhubarb 0.1 Grain, cereal, forage, group 16 0.6 Grain, cereal, hay, group 16 0.2 Grain, cereal, straw, group 16 0.3 [72 FR 52018, Sept. 12, 2007, as amended at 76 FR 23493, Apr. 27, 2011; 81 FR 1531, Jan. 13, 2016; 84 FR 60943, Nov. 12, 2019] § 180.318 4-(2-Methyl-4-chlorophenoxy) butyric acid; tolerance for residues. Pea 0.1(N) (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the herbicide propyzamide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only those propyzamide residues convertible to methyl 3,5-dichlorobenzoate, expressed as the stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-dimethyl 2-propynyl)benzamide, in or on the commodity. (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of the herbicide propyzamide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only those propyzamide residues convertible to methyl 3,5-dichlorobenzoate, expressed as the stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide, in or on the commodity. (a) General. (1) A tolerance is established for the herbicide 4-(2-methyl-4-chlorophenoxy) butyric acid in or on the following food commodity: (2) Tolerances are established for the combined residues, free and conjugated, of the herbicide MCPB, 4-(4-chloro-2-methylphenoxy)butanoic acid, and its metabolite MCPA, (4-chloro-2-methylphenoxy)acetic acid, in or on the following food commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-52018 https://www.federalregister.gov/citation/76-FR-23493 https://www.federalregister.gov/citation/81-FR-1531 https://www.federalregister.gov/citation/84-FR-60943 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 330/1218 Peppermint, tops 0.20 Spearmint, tops 0.20 [68 FR 39441, July 1, 2003, as amended at 73 FR 66785, Nov. 12, 2008] ยง 180.319 Interim tolerances. Endothall (7-oxabicyclo (2,2,1)heptane 2,3 dicarboxylic acid Herbicide 0.2 Beet, sugar None Methyl parathion Herbicide 0.5 Rye 12/31/13 [77 FR 59126, Sept. 26, 2012, as amended at 79 FR 27502, May 14, 2014] ยง 180.324 Bromoxynil; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. While petitions for tolerances for negligible residues are pending and until action is completed on these petitions, interim tolerances are established for residues of the listed pesticide chemicals in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide bromoxynil, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels is to be determined by measuring only bromoxynil, 3,5-dibromo-4-hydroxybenzonitrile, resulting from application of its octanoic and/or heptanoic acid ester, in or on the commodities. Commodity Parts per million Substances Uses Tolerance in parts per million Raw agricultural commodity Expiration/ revocation date https://www.federalregister.gov/citation/68-FR-39441 https://www.federalregister.gov/citation/73-FR-66785 https://www.federalregister.gov/citation/77-FR-59126 https://www.federalregister.gov/citation/79-FR-27502 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 331/1218 Alfalfa, forage 0.1 Alfalfa, hay 0.5 Barley, grain 0.05 Barley, hay 9.0 Barley, straw 4.0 Corn, �eld, forage 0.3 Corn, �eld, grain 0.05 Corn, �eld, stover 0.2 Corn, pop, grain 0.05 Corn, pop, stover 0.2 Flax, seed 0.1 Garlic 0.1 Grain, aspirated fractions 1.2 Grass, forage 18 Grass, hay 5.0 Oat, forage 0.3 Oat, grain 0.05 Oat, hay 9.0 Oat, straw 4.0 Onion, bulb 0.1 Peppermint, hay 0.1 Rye, forage 1.0 Rye, grain 0.05 Rye, straw 2.0 CommodityCommodity Parts per millionParts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 332/1218 Sorghum, grain, forage 0.8 Sorghum, grain, grain 0.2 Sorghum, grain, stover 0.2 Spearmint, hay 0.1 Wheat, forage 1.0 Wheat, grain 0.05 Wheat, hay 4.0 Wheat, straw 2.0 Cattle, fat 1 Cattle, meat byproducts 3.5 Cattle, meat 0.5 Cotton, gin byproducts 7.0 Cotton, hulls 5.0 Cotton, undelinted seed 1.5 Egg 0.05 Goat, fat 1 Goat, meat byproducts 3.5 Goat, meat 0.5 Hog, fat 1 (2) Tolerances are established for residues of the herbicide bromoxynil, 3,5-dibromo-4 hydroxybenzonitrile, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels is to be determined by measuring only bromoxynil and its metabolite, 3,5-dibromo-4 hydroxybenzoic acid (DBHA), resulting from application of its octanoic and/or heptanoic acid ester, in or on the commodities. Commodity Parts per million Commodity Parts per million 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 333/1218 Hog, meat byproducts 3.5 Hog, meat 0.5 Horse, fat 1 Horse, meat byproducts 3.5 Horse, meat 0.5 Milk 0.4 Poultry, fat 0.05 Poultry, meat byproducts 0.3 Poultry, meat 0.05 Sheep, fat 1 Sheep, meat byproducts 3.5 Sheep, meat 0.5 [62 FR 33023, June 18, 1997, as amended at 63 FR 26480, May 13, 1998; 66 FR 47402, Sept. 12, 2001; 70 FR 7046, Feb. 10, 2005; 72 FR 35666, June 29, 2007; 72 FR 41930, Aug. 1, 2007; 76 FR 31491, June 1, 2011] ยง 180.328 Napropamide; tolerances for residues. Almond, hulls 0.1 None Asparagus 0.1 None Basil 0.1 None (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide napropamide, N,N diethyl-2-(1-napthalenyloxy) propionamide, in or on the following food commodities: Commodity Parts per million Commodity Parts per million Expiration/revocation date https://www.federalregister.gov/citation/62-FR-33023 https://www.federalregister.gov/citation/63-FR-26480 https://www.federalregister.gov/citation/66-FR-47402 https://www.federalregister.gov/citation/70-FR-7046 https://www.federalregister.gov/citation/72-FR-35666 https://www.federalregister.gov/citation/72-FR-41930 https://www.federalregister.gov/citation/76-FR-31491 9/16/21, 3:02 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 334/1218 Berry group 13 0.1 None Coffee, green bean 0.1 None Cranberry 0.1 None Grape 0.1 None Kiwifruit 0.1 None Marjoram 0.1 None Nut, tree, group 14 0.1 None Peppermint, tops 0.1 None Persimmon 0.1 None Rhubarb 0.1 None Rosemary 0.1 None Savory, summer 0.1 None Savory, winter 0.1 None Spearmint, tops 0.1 None Strawberry 0.1 None Sweet potato, roots 0.1 None Vegetable, brassica, leafy, group 5 0.1 None Vegetable, fruiting, group 8 0.1 None [73 FR 52614, Sept. 10, 2008, as amended at 76 FR 34885, June 15, 2011] § 180.330 S-(2-(Ethylsul�inyl)ethyl) O,O-dimethyl phosphorothioate; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Expiration/revocation date https://www.federalregister.gov/citation/73-FR-52614 https://www.federalregister.gov/citation/76-FR-34885 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 335/1218 Alfalfa, forage 5.0 Alfalfa, hay 11.0 Bean, lima 0.2 Beet, sugar, roots 0.3 Beet, sugar, tops 0.5 Broccoli 1.0 Brussels sprouts 1.0 Cabbage 2.0 Cauli�ower 1.0 Clover, forage 5.0 Clover, hay 10.0 Corn, sweet, forage 1.0 Corn, sweet, kernel plus cob with husks removed 0.5 Corn, sweet, stover 3.0 Cotton, undelinted seed 0.02 Cucumber 1.0 Eggplant 1.0 Grapefruit 1.0 Hazelnut 0.05 Lemon 1.0 Lettuce, head 2.0 (a) General. (1) Tolerances are established for the combined residues of the insecticide oxydemeton-methyl (S-(2-(ethylsul�nyl)ethyl) O,O-dimethyl phosphorothioate) and its metabolite oxydemeton-methyl sulfone in or on the following food commodities: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 336/1218 Melon 0.2 Onion, bulb 0.05 Orange 1.0 Pepper 0.75 Peppermint, tops 12.5 Pumpkin 0.2 Sa�ower, seed 1.0 Sorghum, forage, forage 2.0 Sorghum, grain, forage 2.0 Sorghum, grain, grain 0.75 Spearmint, tops 12.5 Squash, summer 1.0 Squash, winter 0.3 Strawberry 2.0 Walnut 0.05 Cattle, fat 0.01 Cattle, meat 0.01 Cattle, meat byproducts 0.01 Egg 0.01 Goat, fat 0.01 (2) Tolerances are established for the combined residues of the insecticide oxydemeton-methyl (S-(2-(ethylsul�nyl)ethyl) O,O-dimethyl phosphorothioate) and its cholinesterase-inhibiting metabolites in or on the following food commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 337/1218 Goat, meat 0.01 Goat, meat byproducts 0.01 Hog, fat 0.01 Hog, meat 0.01 Hog, meat byproducts 0.01 Horse, fat 0.01 Horse, meat 0.01 Horse, meat byproducts 0.01 Milk 0.01 Poultry, fat 0.01 Poultry, meat 0.01 Poultry, meat byproducts 0.01 Sheep, fat 0.01 Sheep, meat 0.01 Sheep, meat byproducts 0.01 Broccoli raab 2.0 [72 FR 54578, Sept. 26, 2007] § 180.331 4-(2,4-Dichlorophenoxy) butyric acid; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations, as de�ned in § 180.1(l), are established for the combined residues of the insecticide oxydemeton methyl (S-(2-(ethylsul�nyl)-ethyl) O,O-dimethyl phosphorothioate) and its metabolite oxydemeton-methyl sulfone in or on the following food commodities: (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-54578 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 338/1218 Alfalfa, forage 0.7 Alfalfa, hay 2.0 Cattle, meat byproducts 0.05 Clover, forage 0.2 Clover, hay 0.2 Goat, meat byproducts 0.05 Hog, meat byproducts 0.05 Horse, meat byproducts 0.05 Peanut 0.2 Peppermint, tops 0.2 Sheep, meat byproducts 0.05 Soybean, forage 0.7 Soybean, hay 2.0 Soybean, seed 0.5 Spearmint, tops 0.2 Trefoil, forage 0.7 Trefoil, hay 2.0 [73 FR 54961, Sept. 24, 2008, as amended at 74 FR 46374, Sept. 9, 2009] ยง 180.332 Metribuzin; tolerances for residues. (a) General. Tolerances are established for residues of the herbicide 4-(2,4-dichlorophenoxy) butyric acid (2,4-DB), both free and conjugated, determined as the acid, in or on food commodities, as follows: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/73-FR-54961 https://www.federalregister.gov/citation/74-FR-46374 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 339/1218 Alfalfa, forage 2.0 Alfalfa, hay 7.0 Asparagus 0.1 Barley, grain 0.75 Barley, hay 7.0 Barley, pearled barley 3.0 Barley, straw 1.0 Carrot, roots 0.3 Cattle, fat 0.7 Cattle, meat 0.7 Cattle, meat byproducts 0.7 Corn, �eld, forage 0.1 Corn, �eld, grain 0.05 Corn, �eld, stover 0.1 Corn, pop, grain 0.05 Corn, sweet, forage 0.1 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 0.1 Egg 0.01 Goat, fat 0.7 Goat, meat 0.7 Goat, meat byproducts 0.7 (a) General. Tolerances are established for combined residues of the herbicide metribuzin (4 amino-6-(1,1-dimethyl- ethyl)-3-(methylthio)-;1,2,4-triazin-5(4H)-one) and its triazinone metabolites in or on food commodities: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 340/1218 Grass, forage 2.0 Grass, hay 7.0 Hog, fat 0.7 Hog, meat 0.7 Hog, meat byproducts 0.7 Horse, fat 0.7 Horse, meat 0.7 Horse, meat byproducts 0.7 Lentil 0.05 Milk 0.05 Pea, dry, seed 0.05 Pea, �eld, hay 4.0 Pea, �eld, vines 0.5 Pea, succulent 0.1 Potato 0.6 Potato, chips 3.0 Potato, processed potato waste 3.0 Poultry, fat 0.7 Poultry, meat 0.7 Poultry, meat byproducts 0.7 Sainfoin, forage 2.0 Sainfoin, hay 7.0 Sheep, fat 0.7 Sheep, meat 0.7 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 341/1218 Sheep, meat byproducts 0.7 Soybean, seed 0.3 Soybean, forage 4.0 Soybean, hay 4.0 Sugarcane, cane 0.1 Sugarcane, molasses 2.0 Tomato 0.1 Wheat, bran 3.0 Wheat, forage 2.0 Wheat, germ 3.0 Wheat, grain 0.75 Wheat, hay 7.0 Wheat, middlings 3.0 Wheat, shorts 3.0 Wheat, straw 1.0 [42 FR 62913, Dec. 14, 1977, as amended at 43 FR 41396, Sept. 18, 1978; 44 FR 26744, May 7, 1979; 44 FR 45387, Aug. 2, 1979; 52 FR 23654, June 24, 1987; 55 FR 26440, June 28, 1990; 62 FR 66024, 66025, Dec. 17, 1997; 65 FR 33698, May 24, 2000; 66 FR 63198, Dec. 5, 2001; 67 FR 49617, July 31, 2002] § 180.337 Oxytetracycline; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide/bactericide oxytetracycline, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is Commodity Parts per million https://www.federalregister.gov/citation/42-FR-62913 https://www.federalregister.gov/citation/43-FR-41396 https://www.federalregister.gov/citation/44-FR-26744 https://www.federalregister.gov/citation/44-FR-45387 https://www.federalregister.gov/citation/52-FR-23654 https://www.federalregister.gov/citation/55-FR-26440 https://www.federalregister.gov/citation/62-FR-66024 https://www.federalregister.gov/citation/62-FR-66025 https://www.federalregister.gov/citation/65-FR-33698 https://www.federalregister.gov/citation/66-FR-63198 https://www.federalregister.gov/citation/67-FR-49617 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 342/1218 Apple 0.35 Fruit, citrus, group 10-10 0.01 Peach 0.35 Pear 0.35 Fruit, citrus, group 10-10 0.40 12/31/19 [76 FR 23493, Apr. 27, 2011, as amended at 82 FR 13251, Mar. 10, 2017; 83 FR 62493, Dec. 4, 2018] § 180.339 MCPA; tolerances for residues. Table 1 to Paragraph (a)(1) to be determined by measuring only oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4 (dimethylamino)-1,4,4a,5,5a,6,11,12a-octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl 1,11-dioxo-2-naphthacenecarboxamide, in or on the commodity. (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the following table are established for residues of the fungicide/bactericide oxytetracycline, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4 (dimethylamino)-1,4,4a,5,5a,6,11,12a-octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl 1,11-dioxo-2-naphthacenecarboxamide, in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. The tolerances expire on the dates speci�ed in the table. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide MCPA ((4-chloro-2 methylphenoxy)acetic acid), both free and conjugated, resulting from the direct application of MCPA or its sodium or dimethylamine salts, or its 2-ethylhexyl ester in or on the following food commodities: Commodity Parts per million Commodity Parts per million Expiration/ revocation date Commodity Parts per million https://www.federalregister.gov/citation/76-FR-23493 https://www.federalregister.gov/citation/82-FR-13251 https://www.federalregister.gov/citation/83-FR-62493 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 343/1218 Alfalfa, forage 0.5 Alfalfa, hay 2.0 Barley, grain 1.0 Barley, hay 40 Barley, straw 25 Clover, forage 0.5 Clover, hay 2.0 Flax, seed 0.1 Grain, aspirated fractions 3.0 Grass, forage 300 Grass, hay 20 Lespedeza, forage 0.5 Lespedeza, hay 2.0 Oat, forage 20 Oat, grain 1.0 Oat, hay 115 Oat, straw 25 Pea, dry 0.1 Pea, �eld, hay 0.1 Pea, succulent 0.1 Pea, �eld, vines 0.1 Rye, forage 20 Rye, grain 1.0 Rye, straw 25 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 344/1218 Tea, dried 0.3 Trefoil, forage 0.5 Trefoil, hay 2.0 Vetch, forage 0.5 Vetch, hay 2.0 Wheat, forage 20 Wheat, grain 1.0 Wheat, hay 115 Wheat, straw 25 Wheatgrass, intermediate, forage 50 Wheatgrass, intermediate, grain 0.2 Wheatgrass, intermediate, hay 50 Wheatgrass, intermediate, straw 50 Cattle, fat 0.1 Cattle, meat 0.1 Cattle, meat byproducts 0.1 Goat, fat 0.1 Goat, meat 0.1 Goat, meat byproducts 0.1 Hog, fat 0.1 (2) Tolerances are established for residues of the herbicide MCPA ((4-chloro-2 methylphenoxy)acetic acid) resulting from the direct application of MCPA or its sodium or dimethylamine salts, or its 2-ethylhexyl ester in or on the following food commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 345/1218 Hog, meat 0.1 Hog, meat byproducts 0.1 Horse, fat 0.1 Horse, meat 0.1 Horse, meat byproducts 0.1 Milk 0.1 Sheep, fat 0.1 Sheep meat 0.1 Sheep meat byproducts 0.1 [72 FR 28888, May 23, 2007, as amended at 73 FR 5109, Jan. 29, 2008; 86 FR 19149, Apr. 13, 2021] ยง 180.341 2,4-Dinitro-6-octylphenyl crotonate and 2,6-dinitro-4-octylphenyl crotonate; tolerances for residues. Apple 0.1 Grape 0.1 There are no U.S. registrations on apple and grape as of October 24, 2002. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for combined negligible residues of a fungicide and insecticide that is a mixture of 2,4-dinitro-6-octylphenyl crotonate and 2,6-dinitro-4 octylphenyl crotonate in or on raw agricultural commodities as follows: 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-28888 https://www.federalregister.gov/citation/73-FR-5109 https://www.federalregister.gov/citation/86-FR-19149 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 346/1218 [40 FR 29715, July 15, 1975, as amended at 63 FR 57076, Oct. 26, 1998; 69 FR 43924, July 23, 2004] ยง 180.342 Chlorpyrifos; tolerances for residues. Alfalfa, forage 3.0 Alfalfa, hay 13 Almond 0.2 Almond, hulls 12 Apple 0.01 Apple, wet pomace 0.02 Banana 0.1 Beet, sugar, dried pulp 5.0 Beet, sugar, molasses 15 Beet, sugar, roots 1.0 Beet, sugar, tops 8.0 Cattle, fat 0.3 Cattle, meat 0.05 Cattle, meat byproducts 0.05 Cherry, sweet 1.0 Cherry, tart 1.0 (a) General. (1) Tolerances are established for residues of the pesticide chlorpyrifos per se (O,O diethyl-O-(3,5,6-trichloro-2-pyridyl) phosphorothioate) in or on the following food commodities: Commodity Parts per million Link to an amendment published at 86 FR 48336, Aug. 30, 2021. CROSS REFERENCE https://www.federalregister.gov/citation/40-FR-29715 https://www.federalregister.gov/citation/63-FR-57076 https://www.federalregister.gov/citation/69-FR-43924 https://www.federalregister.gov/citation/86-FR-48336 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 347/1218 Citrus, dried pulp 5.0 Citrus, oil 20 Corn, �eld, forage 8.0 Corn, �eld, grain 0.05 Corn, �eld, re�ned oil 0.25 Corn, �eld, stover 8.0 Corn, sweet, forage 8.0 Corn, sweet, kernel plus cob with husk removed 0.05 Corn, sweet, stover 8.0 Cotton, undelinted seed 0.2 Cranberry 1.0 Cucumber 0.05 Egg 0.01 Fig 0.01 Fruit, citrus, group 10 1.0 Goat, fat 0.2 Goat, meat 0.05 Goat, meat byproducts 0.05 Hazelnut 0.2 Hog, fat 0.2 Hog, meat 0.05 Hog, meat byproducts 0.05 Horse, fat 0.25 Horse, meat 0.25 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 348/1218 Horse, meat byproducts 0.25 Kiwifruit 2.0 Milk, fat (Re�ecting 0.01 ppm in whole milk) 0.25 Nectarine 0.05 Onion, bulb 0.5 Peach 0.05 Peanut 0.2 Peanut, re�ned oil 0.2 Pear 0.05 Pecan 0.2 Pepper 1.0 Peppermint, tops 0.8 Peppermint, oil 8.0 Plum, prune, fresh 0.05 Poultry, fat 0.1 Poultry, meat 0.1 Poultry, meat byproducts 0.1 Pumpkin 0.05 Radish 2.0 Rutabaga 0.5 Sheep, fat 0.2 Sheep, meat 0.05 Sheep, meat byproducts 0.05 Spearmint, tops 0.8 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 349/1218 Spearmint, oil 8.0 Sorghum, grain, forage 0.5 Sorghum, grain, grain 0.5 Sorghum, grain, stover 2.0 Soybean, seed 0.3 Strawberry 0.2 Sun�ower, seed 0.1 Sweet potato, roots 0.05 Turnip, roots 1.0 Turnip, tops 0.3 Vegetable, brassica, leafy, group 5 1.0 Vegetable, legume, group 6. except soybean 0.05 Walnut 0.2 Wheat, forage 3.0 Wheat, grain 0.5 Wheat, straw 6.0 (2) Chlorpyrifos [O,O-diethyl O-(3,5,6-trichloro-2-pyridyl) phosphorothioate] may be safely used in accordance with the following prescribed conditions. (i) Application shall be limited solely to spot and/or crack and crevice treatment in food handling establishments where food and food products are held, processed, prepared or served. Contamination of food or food contact surfaces shall be avoided. Food must be removed or covered during treatment. (ii) Spray concentration for spot treatment shall be limited to a maximum of 0.5 percent of the active ingredient by weight. A course, low-pressure spray shall be used to avoid atomization or splashing of the spray. (iii) Paint-on application for spot treatment shall be limited to a maximum of 2 percent of the active ingredient by weight. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 350/1218 Asparagus 5.0 Grape 0.01 (iv) Crack and crevice treatment shall be limited to a maximum of 2 percent of the active ingredient by weight. Equipment capable of delivering a pin-stream of insecticide shall be used. (v) Application via adhesive strips shall contain a maximum of 10% by weight of the controlled-release product in food-handling establishments where food and food products are held, processed, prepared, or served. A maximum of 36 strips (or 5.15 grams of chlorpyrifos) is to be used per 100 square feet of �oor space. The strips are not to be placed in exposed areas where direct contact with food, utensils, and food-contact surfaces would be likely to occur. (vi) To assure safe use of the insecticide, its label and labeling shall conform to that registered by the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling. (3) A tolerance of 0.1 part per million is established for residues of chlorpyrifos, per se, in or on food commodities (other than those already covered by a higher tolerance as a result of use on growing crops) in food service establishments where food and food products are prepared and served, as a result of the application of chlorpyrifos in microencapsulated form. (i) Application of a microencapsulated product shall be limited solely to spot and/or crack and crevice treatment in food handling establishments where food and food products are prepared and served. All treatments shall be applied in such a manner as to avoid contamination of food or food contact surfaces. (ii) Spray concentrations shall be limited to a maximum of 0.5 percent of the active ingredient by weight. (iii) For crack and crevice treatment, equipment capable of delivering a pin stream of spray directly into cracks and crevices or capable of applying small amounts of insecticide into cracks and crevices shall be used. (iv) For spot treatment, an individual spot shall not exceed 2 square feet. (v) To assure safe use of the insecticide, its label and labeling shall conform to that registered by the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in 180.1(l), are established for residues of the pesticide chlorpyrifos per se (O,O-diethyl- O (3,5,6-trichloro-2-pyridyl) phosphorothioate) in or on the following food commodities: (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 351/1218 [65 FR 33711, May 24, 2000, as amended at 67 FR 49617, July 31, 2002; 71 FR 74817, Dec. 13, 2006; 73 FR 53739, Sept. 17, 2008; 76 FR 56656, Sept. 14, 2011] § 180.345 Ethofumesate; tolerances for residues. Beet, garden, roots 0.5 Beet, garden, tops 5.0 Beet, sugar, molasses 2.0 Beet, sugar, roots 1.5 Beet, sugar, tops 4.0 Cattle, fat 0.05 Cattle, meat 0.05 Cattle, meat byproducts 0.05 Garlic 0.25 Goat, fat 0.05 Goat, meat 0.05 Goat, meat byproducts 0.05 Grass, straw 1.0 Horse, fat 0.05 Horse, meat 0.05 Horse, meat byproducts 0.05 Onion, bulb 0.25 (a) General. Tolerance are established for residues of the herbicide ethofumesate, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of ethofumesate, 2-ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate, and its metabolites 2-hydroxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate, and 2,3-dihydro-3,3-dimethyl-2-oxo-5-benzofuranylmethanesulfonate, calculated as the stoichiometric equivalent of ethofumesate, in or on the following food commodities. Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33711 https://www.federalregister.gov/citation/67-FR-49617 https://www.federalregister.gov/citation/71-FR-74817 https://www.federalregister.gov/citation/73-FR-53739 https://www.federalregister.gov/citation/76-FR-56656 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 352/1218 Shallot, bulb 0.25 Shallot, fresh leaves 0.25 Sheep, fat 0.05 Sheep, meat 0.05 Sheep, meat byproducts 0.05 Carrot, roots 7.0 [63 FR 34828, June 26, 1998, as amended at 71 FR 51516, Aug. 30, 2006; 72 FR 52019, Sept. 12, 2007; 82 FR 57158, Dec. 4, 2017] § 180.349 Fenamiphos; tolerances for residues. Banana 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with a regional registration, as de�ned in § 180.1(l) are established for residues of the herbicide ethofumesate, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed is to be determined by measuring only the sum of ethofumesate, 2-ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate, and its metabolites 2-hydroxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate, and 2,3-dihydro-3,3-dimethyl-2-oxo-5-benzofuranylmethanesulfonate, calculated as the stoichiometric equivalent of ethofumesate, in or on the raw agricultural commodities. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the nematicide/insecticide fenamiphos, ethyl 3-methyl-4-(methylthio)phenyl 1-(methylethyl)phosphoramidate, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of fenamiphos, ethyl 3-methyl-4-(methylthio)phenyl 1 (methylethyl)phosphoramidate, and its cholinesterase inhibiting metabolites ethyl 3 methyl-4-(methylsul�nyl)phenyl 1-(methylethyl)phosphoramidate and ethyl 3-methyl-4 (methylsulfonyl)phenyl 1-(methylethyl)phosphoramidate, calculated as the stoichiometric equivalent of fenamiphos, in or on the commodity. 1 Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/63-FR-34828 https://www.federalregister.gov/citation/71-FR-51516 https://www.federalregister.gov/citation/72-FR-52019 https://www.federalregister.gov/citation/82-FR-57158 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 353/1218 Grape 0.1 Grape, raisin 0.3 Pineapple 0.3 There are no U.S. registrations as of May 31, 2007. [65 FR 33712, May 24, 2000, as amended at 73 FR 53739, Sept. 17, 2008; 75 FR 60243, Sept. 29, 2010] § 180.350 Nitrapyrin; tolerances for residues. Almond, hulls 0.06 Beet, sugar, molasses 0.5 Beet, sugar, roots 0.3 Beet, sugar, tops 0.7 Corn, �eld, forage 1.0 Corn, �eld, grain 0.1 Corn, �eld, milled byproducts 0.2 Corn, �eld, stover 1.0 Corn, pop, grain 0.1 Corn, pop, stover 1.0 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the nitri�cation inhibitor nitrapyrin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of nitrapyrin (2-chloro-6-(trichloromethyl) pyridine) and its 6-CPA metabolite (6-chloro-picolinic acid), calculated as the stoichiometric equivalent of nitrapyrin, in or on the commodity: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33712 https://www.federalregister.gov/citation/73-FR-53739 https://www.federalregister.gov/citation/75-FR-60243 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 354/1218 Corn, sweet, forage 1.0 Corn, sweet, kernel plus cob with husks removed 0.1 Corn, sweet, stover 1.0 Fruit, citrus, group 10-10 0.06 Fruit, citrus, group 10-10, dried pulp 0.5 Fruit, citrus, group 10-10, oil 2 Leaf petiole vegetable subgroup 22B 0.5 Nut, tree, group 14-12 0.02 Rapeseed, seed 0.3 Sorghum, forage, forage 0.5 Sorghum, grain, forage 0.5 Sorghum, grain, grain 0.1 Sorghum, grain, stover 0.5 Vegetable, Brassica, head and stem, group 5-16 0.1 Vegetable, bulb, group 3-07 0.3 Vegetable, leafy, group 4-16 0.4 Vegetable, tuberous and corm, crop subgroup 1C 0.6 Wheat, bran 3.0 Wheat, forage 2.0 Wheat, grain 0.5 Wheat, milled byproducts, except �our 2.0 Wheat, straw 6.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 355/1218 [46 FR 58315, Dec. 1, 1981, as amended at 47 FR 22957, May 26, 1982; 52 FR 33238, Sept. 2, 1987; 58 FR 32304, June 9, 1993; 63 FR 57076, Oct. 26, 1998; 72 FR 53461, Sept. 19, 2007; 82 FR 56744, Nov. 30, 2017; 84 FR 44712, Aug. 27, 2019; 85 FR 48654, Aug. 12, 2020] § 180.352 Terbufos; tolerances for residues. Banana 0.025 Beet, sugar, roots 0.05 Beet, sugar, tops 0.1 Coffee, green bean 0.05 Corn, �eld, forage 0.5 Corn, �eld, grain 0.5 Corn, �eld, stover 0.5 Corn, pop, grain 0.5 Corn, pop, stover 0.5 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, forage 0.5 Corn, sweet, stover 0.5 Sorghum, grain, forage 0.5 Sorghum, grain, grain 0.05 Sorghum, grain, stover 0.5 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the insecticide terbufos (phosphorodithioic acid, S-(t-butylthio)methyl O,O-diethyl ester) and its phosphorylated (cholinesterase-inhibiting) metabolites (phosphorothioic acid, S-(t-butylthio)methyl O,O diethyl ester; phosphorothioic acid, S-(t-butylsul�nyl)methyl O,O-diethyl ester; phosphorothioic acid, S-(t-butylsulfonyl)methyl O,O-diethyl ester; phosphorodithioic acid, S-(t-butylsul�nyl)methyl O,O-diethyl ester; and phosphorodithioic acid, S-(t butylsulfonyl)methyl O,O-diethyl ester) in or on food commodities: 1 Commodity Parts per million https://www.federalregister.gov/citation/46-FR-58315 https://www.federalregister.gov/citation/47-FR-22957 https://www.federalregister.gov/citation/52-FR-33238 https://www.federalregister.gov/citation/58-FR-32304 https://www.federalregister.gov/citation/63-FR-57076 https://www.federalregister.gov/citation/72-FR-53461 https://www.federalregister.gov/citation/82-FR-56744 https://www.federalregister.gov/citation/84-FR-44712 https://www.federalregister.gov/citation/85-FR-48654 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 356/1218 There are no U. S. registrations as of August 2, 1995, for the use of terbufos on the growing crop, coffee. [73 FR 53740, Sept. 17, 2008] § 180.353 Desmedipham; tolerances for residues. Beet, garden, roots 0.05 Beet, garden, tops 1.0 Beet, sugar, roots 0.1 Beet, sugar, tops 5.0 Spinach 6.0 [40 FR 4658, Jan. 31, 1975, as amended at 62 FR 45747, Aug. 29, 1997; 63 FR 49472, Sept. 16, 1998; 64 FR 46292, Aug. 25, 1999; 65 FR 82293, Dec. 28, 2000; 66 FR 64773, Dec. 14, 2001; 68 FR 37764, June 25, 2003; 69 FR 71717, Dec. 10, 2004; 72 FR 53449, Sept. 19, 2007; 73 FR 53740, Sept. 17, 2008] § 180.355 Bentazon; tolerances for residues. 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide desmedipham, (ethyl-m hydroxycarbanilate carbanilate) in or on the following raw agricultural commodities in the table that follows: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of bentazon, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring for only the sum of bentazon (3-(1-methylethyl)-1H-2,1,3-benzothiadiazin-4(3H)-one 2,2-dioxide), 6 hydroxy-3-isopropyl-1H-2,1,3-benzothiadiazin-4(3H)-one 2,2-dioxide, and 8-hydroxy-3 isopropyl-1H-2,1,3-benzothiadiazin-4(3H)-one 2,2-dioxide calculated as the stoichiometric equivalent of bentazon. Commodity Parts per million https://www.federalregister.gov/citation/73-FR-53740 https://www.federalregister.gov/citation/40-FR-4658 https://www.federalregister.gov/citation/62-FR-45747 https://www.federalregister.gov/citation/63-FR-49472 https://www.federalregister.gov/citation/64-FR-46292 https://www.federalregister.gov/citation/65-FR-82293 https://www.federalregister.gov/citation/66-FR-64773 https://www.federalregister.gov/citation/68-FR-37764 https://www.federalregister.gov/citation/69-FR-71717 https://www.federalregister.gov/citation/72-FR-53449 https://www.federalregister.gov/citation/73-FR-53740 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 357/1218 Bean, dry, seed 0.05 Bean, succulent 0.5 Corn, �eld, forage 3.0 Corn, �eld, grain 0.05 Corn, �eld, stover 3.0 Corn, pop, grain 0.05 Corn, sweet, kernel plus cob with husks removed 0.05 Cowpea, forage 10.0 Cowpea, hay 3.0 Flax, seed 1.0 Pea, dry, seed 3 Pea, �eld, hay 8.0 Pea, �eld, vines 3.0 Pea, succulent 3.0 Peanut 0.05 Peanut, hay 3.0 Pepper, nonbell 0.05 Peppermint, tops 1.0 Rice, grain 0.05 Rice, hulls 0.25 Sorghum, forage 0.20 Sorghum, grain, grain 0.05 Sorghum, grain, stover 0.05 Soybean, forage 8.0 CommodityCommodity Parts per millionParts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 358/1218 Soybean, hay 8.0 Soybean, seed 0.05 Spearmint, tops 1.0 Cattle, fat 0.05 Cattle, meat byproducts 0.05 Cattle, meat 0.05 Egg 0.05 Goat, fat 0.05 Goat, meat byproducts 0.05 Goat, meat 0.05 Hog, fat 0.05 Hog, meat byproducts 0.05 Hog, meat 0.05 Milk 0.02 Poultry, fat 0.05 Poultry, meat byproducts 0.05 Poultry, meat 0.05 Sheep, fat 0.05 Sheep, meat byproducts 0.05 Sheep, meat 0.05 (2) Tolerances are established for the combined residues of the herbicide bentazon (3 isopropyl-1H-2,1,3-benzothiadiazin-4(3H)-one-2,2-dioxide) and its metabolite 2 amino-N-isopropyl benzamide (AIBA) in or on the following food commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 359/1218 Clover, forage 1.0 Clover, hay 2.0 [42 FR 26979, May 26, 1977] § 180.356 Nor�urazon; tolerances for residues. Alfalfa, forage 3.0 Alfalfa, hay 5.0 Alfalfa, seed 0.1 Almond, hulls 1.0 Almond 0.1 Apple 0.1 Apricot 0.1 Asparagus 0.05 Avocado 0.20 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration as de�ned in § 180.1(m), are established for combined residues of the herbicide, bentazon (3 isopropyl-1H-2, 1,3-benzothiadiazin-4(3H)-one-2,2-dioxide) and its 6- and 8-hydroxy metabolites in or on the following food commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the herbicide nor�urazon (4-chloro-5-(methylamino)-2-(alpha, alpha, alpha-tri�uoro-m-tolyl)-3-(2H) pyridazinone) and its desmethyl metabolite 4-chloro-5-(amino)-2-alpha, alpha, alpha tri�uoro-m-tolyl)-3(2H)-pyridazinone in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.355, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/42-FR-26979 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(m) https://www.ecfr.gov/current/title-40/section-180.355 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 360/1218 Blackberry 0.1 Blueberry 0.2 Cattle, fat 0.1 Cattle, liver 0.50 Cattle, meat 0.1 Cattle, meat byproducts, except liver 0.1 Cherry 0.1 Citrus, dried pulp 0.4 Citrus, molasses 1.0 Cotton, undelinted seed 0.1 Cranberry 0.1 Fruit, citrus 0.2 Goat, fat 0.1 Goat, liver 0.50 Goat, meat 0.1 Goat, meat byproducts, except liver 0.1 Grape 0.1 Hazelnut 0.1 Hog, fat 0.1 Hog, liver 0.50 Hog, meat 0.1 Hog, meat byproducts, except liver 0.1 Hop, dried cones 3.0 Hop, vines 1.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 361/1218 Horse, fat 0.1 Horse, liver 0.50 Horse, meat 0.1 Horse, meat byproducts, except liver 0.1 Milk 0.1 Nectarine 0.1 Peach 0.1 Peanut 0.05 Peanut, hay 5.50 Peanut, hay 1.5 Pear 0.1 Pecan 0.1 Plum, prune, fresh 0.1 Poultry, fat 0.1 Poultry, meat 0.1 Poultry, meat byproducts 0.1 Raspberry 0.2 Sheep, fat 0.1 Sheep, liver 0.50 Sheep, meat 0.1 Sheep, meat byproducts, except liver 0.1 Soybean 0.1 Soybean, forage 1.0 Soybean, hay 1.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 362/1218 Walnut 0.1 [47 FR 14909, Apr. 7, 1982] ยง 180.360 Asulam; tolerance for residues. Cattle, fat 0.05 Cattle, meat 0.05 Cattle, meat byproducts 0.2 Goat, fat 0.05 Goat, meat 0.05 Goat, meat byproducts 0.2 Hog, fat 0.05 Hog, meat 0.05 Hog, meat byproducts 0.2 Horse, fat 0.05 Horse, meat 0.05 Horse, meat byproducts 0.2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registration. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of asulam (methyl sulfanilylcarbamate) and its sulfanilamide containing metabolites in or on the following food commodities: Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting ยง 180.356, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/47-FR-14909 https://www.ecfr.gov/current/title-40/section-180.356 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 363/1218 Milk 0.05 Sheep, fat 0.05 Sheep, meat 0.05 Sheep, meat byproducts 0.2 Sugarcane, cane 1.0 Sugarcane, molasses 30 [68 FR 39441, July 1, 2003, as amended at 72 FR 37654, July 11, 2007] § 180.361 Pendimethalin; tolerances for residues. Alfalfa, forage 80 Alfalfa, hay 150 Alfalfa, seed 0.10 Almond, hulls 6.0 Apple, wet pomace 0.20 Artichoke, globe 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) (1) General. Tolerances are established for residues of the herbicide pendimethalin, including its metabolites and degradates, in or on the commodities. Compliance with the tolerance levels speci�ed in the following table below is to be determined by measuring only the sum of pendimethalin, [N-(1-ethylpropyl)-3,4-dimethyl-2,6 dinitrobenzenamine] and its metabolite, 4-[(1-ethylpropyl)amino]-2-methyl-3,5 dinitrobenzyl alcohol, calculated as the stoichiometric equivalent of pendimethalin, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/68-FR-39441 https://www.federalregister.gov/citation/72-FR-37654 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 364/1218 Asparagus 0.15 Beans 0.10 Beans, forage 0.10 Beans, hay 0.10 Berry, low growing subgroup 13-07G 0.1 Brassica head and stem, subgroup 5-A 0.1 Brassica, leafy greens, subgroup 5B 0.20 Bushberry subgroup 13-07B 0.10 Caneberry subgroup 13-07A 0.10 Carrot 0.5 Citrus, oil 0.5 Corn, �eld, forage 0.1 Corn, �eld, grain 0.1 Corn, �eld, stover 0.1 Corn, pop, grain 0.1 Corn, sweet, forage 0.1 Corn, sweet, kernel plus cob with husks removed 0.1 Corn, sweet, stover 0.1 Cotton, gin byproducts 3.0 Cotton, undelinted seed 0.1 Cray�sh 0.05 Fruit, citrus, group 10-10 0.1 Fruit, pome, group 11-10 0.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 365/1218 Fruit, small vine climbing, except grape, subgroup 13 07E 0.10 Fruit, stone, group 12-12 0.1 Grape 0.1 Grass, forage, fodder, and hay crop group 17, forage 1,000 Grass, forage, fodder, and hay crop group 17, hay 2,000 Hop, dried cones 0.1 Leaf petiole vegetable subgroup 22B 0.2 Lettuce, leaf 4.0 Melon subgroup 9A 0.10 Monarda, fresh leaves 0.2 Monarda, oil 1 Nut, tree, group 14-12 0.10 Olive 0.1 Onion, bulb subgroup 3-07A 0.1 Onion, green subgroup 3-07B 0.2 Peanut 0.1 Peanut, hay 0.1 Peas (except �eld peas) 0.10 Peppermint, oil 1.0 Peppermint, tops 0.2 Pomegranate 0.10 Potato 0.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 366/1218 Rice, grain 0.1 Rosemary, fresh leaves 0.2 Rosemary, oil 1 Sorghum, forage 0.1 Sorghum, grain, grain 0.1 Sorghum, grain, stover 0.1 Soybean, forage 0.1 Soybean, hay 0.1 Soybean, seed 0.1 Spearmint, oil 1.0 Spearmint, tops 0.2 Sugarcane, cane 0.1 Sun�ower subgroup 20B 0.1 Turnip greens 0.20 Vegetable, fruiting, group 8-10 0.1 Vegetable, soybean, succulent 0.10 Wheat, grain 0.10 Wheat, forage 3.0 Wheat, hay 0.60 Wheat, straw 0.30 (2) Tolerances are established for residues of the herbicide pendimethalin, including its metabolites and degradates, in or on commodities listed in the following table. Compliance with the tolerance levels is to be determined by measuring only the sum of pendimethalin (N-(1-ethylpropyl)-3,4-dimethyl-2,6-dinitrobenzenamine)) and its Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 367/1218 Cattle, fat 0.30 Cattle, meat 0.10 Cattle, meat byproduct 3.0 Goats, fat 0.30 Goats, meat 0.10 Goats, meat byproduct 3.0 Horse, fat 0.30 Horse, meat 0.10 Horse, byproduct 3.0 Milk 0.04 Sheep, fat 0.30 Sheep, meat 0.10 Sheep, meat byproduct 3.0 Bermuda grass, forage 25 12/31/10 Bermuda grass, hay 60 12/31/10 metabolite, 1-(1-ethylpropyl)-5, 6-dimethyl-7-nitro-1H-benzimidazole (metabolite 6), calculated as the stoichiometric equivalent of pendimethalin, in or on the commodity. (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the following table are established for combined residues of the herbicide pendimethalin, [N-(1 ethylpropyl)-3,4-dimethyl-2,6-dinitrobenzenamine], and its metabolite 4-[(1 ethylpropyl)amino]-2-methyl-3,5-dinitrobenzyl alcohol, in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. The tolerances expire and are revoked on the date speci�ed in the table. (c) Tolerances with regional registrations. [Reserved] Commodity Parts per million Commodity Parts per million Expiration/revocation date 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 368/1218 [49 FR 15293, Apr. 18, 1984] § 180.362 Fenbutatin-oxide; tolerances for residues. Almond, hulls 80.0 Apple 15.0 Apple, wet pomace 100.0 Cherry, sweet 6.0 Cherry, tart 6.0 Citrus, dried pulp 100.0 Citrus, oil 140.0 Cucumber 4.0 Eggplant 6.0 Fruit, citrus, group 10 20.0 Grape 5.0 Grape, raisin 20.0 Nut, tree, group 14 0.5 Papaya 2.0 (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the miticide/acaricide fenbutatin-oxide, including its metabolites and degradates, in or on the plant commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only fenbutatin-oxide, hexakis (2-methyl-2 phenylpropyl) distannoxane, in or on the commodity. Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.361, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/49-FR-15293 https://www.ecfr.gov/current/title-40/section-180.361 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 369/1218 Peach 10.0 Pear 15.0 Pistachio 0.5 Plum, prune, fresh 4.0 Plum, prune, dried 20.0 Strawberry 10.0 Cattle, fat 0.5 Cattle, meat 0.5 Cattle, meat byproducts 0.5 Egg 0.1 Goat, fat 0.5 Goat, meat 0.5 Goat, meat byproducts 0.5 Hog, fat 0.5 Hog, meat 0.5 Hog, meat byproducts 0.5 Horse, fat 0.5 Horse, meat 0.5 (2) Tolerances are established for residues of the miticide/acaricide fenbutatin-oxide, including its metabolites and degradates, in or on the animal commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of fenbutatin-oxide, hexakis (2-methyl-2-phenylpropyl) distannoxane, and its organotin metabolites, dihydroxybis(2-methyl-2-phenylpropyl) stannane and 2-methyl-2 phenylpropylstannoic acid, calculated as the stoichiometric equivalent of fenbutatin oxide, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 370/1218 Horse, meat byproducts 0.5 Milk, fat 0.1 Poultry, fat 0.1 Poultry, meat 0.1 Poultry, meat byproducts 0.1 Sheep, fat 0.5 Sheep, meat 0.5 Sheep, meat byproducts 0.5 Raspberry 10.0 [65 FR 33713, May 24, 2000, as amended at 72 FR 41930, Aug. 1, 2007; 73 FR 5109, Jan. 29, 2008; 76 FR 23494, Apr. 27, 2011] § 180.364 Glyphosate; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with regional registration, as de�ned in § 180.1(l), is established for residues of the miticide/acaricide fenbutatin-oxide, including its metabolites and degradates, in or on the plant commodity in the table in this paragraph. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only fenbutatin-oxide, hexakis (2-methyl-2-phenylpropyl) distannoxane, in or on the commodity. (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of glyphosate, including its metabolites and degradates, in or on the commodities listed below resulting from the application of glyphosate, the isopropylamine salt of glyphosate, the ethanolamine salt of glyphosate, the dimethylamine salt of glyphosate, the ammonium salt of glyphosate, and the potassium salt of glyphosate. Compliance with the following tolerance levels is to be determined by measuring only glyphosate (N (phosphonomethyl)glycine). Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33713 https://www.federalregister.gov/citation/72-FR-41930 https://www.federalregister.gov/citation/73-FR-5109 https://www.federalregister.gov/citation/76-FR-23494 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 371/1218 Acerola 0.2 Alfalfa, seed 0.5 Almond, hulls 25 Aloe vera 0.5 Ambarella 0.2 Animal feed, nongrass, group 18 400 Artichoke, globe 0.2 Asparagus 0.5 Atemoya 0.2 Avocado 0.2 Bamboo, shoots 0.2 Banana 0.2 Barley, bran 30 Beet, sugar, dried pulp 25 Beet, sugar, roots 10 Beet, sugar, tops 10 Berry and small fruit, group 13-07 0.20 Betelnut 1.0 Biriba 0.2 Blimbe 0.2 Breadfruit 0.2 Cacao bean, bean 0.2 Cactus, fruit 0.5 CommodityCommodity Parts per million Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 372/1218 Cactus, pads 0.5 Canistel 0.2 Carrot 5.0 Chaya 1.0 Cherimoya 0.2 Citrus, dried pulp 1.5 Coconut 0.1 Coffee, bean, green 1.0 Corn, pop, grain 0.1 Corn, sweet, kernel plus cob with husk removed 3.5 Cotton, gin byproducts 210 Custard apple 0.2 Date, dried fruit 0.2 Dokudami 2.0 Durian 0.2 Epazote 1.3 Feijoa 0.2 Fig 0.2 Fish 0.25 Fruit, citrus, group 10-10 0.50 Fruit, pome, group 11-10 0.20 Fruit, stone, group 12 0.2 Galangal, roots 0.2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 373/1218 Ginger, white, �ower 0.2 Gourd, buffalo, seed 0.1 Governor's plum 0.2 Gow kee, leaves 0.2 Grain, cereal, forage, fodder and straw, group 16, except �eld corn, forage and �eld corn, stover 100 Grain, cereal, group 15 except �eld corn, popcorn, rice, sweet corn, and wild rice 30 Grass, forage, fodder and hay, group 17 300 Guava 0.2 Herbs subgroup 19A 0.2 Hop, dried cones 7.0 Ilama 0.2 Imbe 0.2 Imbu 0.2 Jaboticaba 0.2 Jackfruit 0.2 Kava, roots 0.2 Kenaf, forage 200 Leucaena, forage 200 Longan 0.2 Lychee 0.2 Mamey apple 0.2 Mango 0.2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 374/1218 Mangosteen 0.2 Marmaladebox 0.2 Mioga, �ower 0.2 Noni 0.20 Nut, pine 1.0 Nut, tree, group 14 1.0 Oilseeds, group 20, except canola 40 Okra 0.5 Olive 0.2 Oregano, Mexican, leaves 2.0 Palm heart 0.2 Palm heart, leaves 0.2 Palm, oil 0.1 Papaya 0.2 Papaya, mountain 0.2 Passionfruit 0.2 Pawpaw 0.2 Pea, dry 8.0 Peanut 0.1 Peanut, hay 0.5 Pepper leaf, fresh leaves 0.2 Peppermint, tops 200 Perilla, tops 1.8 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 375/1218 Persimmon 0.2 Pineapple 0.1 Pistachio 1.0 Pomegranate 0.2 Pulasan 0.2 Quinoa, grain 5.0 Rambutan 0.2 Rice, grain 0.1 Rice, wild, grain 0.1 Rose apple 0.2 Sapodilla 0.2 Sapote, black 0.2 Sapote, mamey 0.2 Sapote, white 0.2 Shell�sh 3.0 Soursop 0.2 Spanish lime 0.2 Spearmint, tops 200 Spice subgroup 19B 7.0 Star apple 0.2 Starfruit 0.2 Stevia, dried leaves 1.0 Sugar apple 0.2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 376/1218 Sugarcane, cane 2.0 Sugarcane, molasses 30 Surinam cherry 0.2 Sweet potato 3.0 Tamarind 0.2 Tea, dried 1.0 Tea, instant 7.0 Teff, forage 100 Teff, grain 5.0 Teff, hay 100 Ti, leaves 0.2 Ti, roots 0.2 Ugli fruit 0.5 Vegetable, bulb, group 3-07 0.20 Vegetable, cucurbit, group 9 0.5 Vegetable, foliage of legume, subgroup 7A, except soybean 0.2 Vegetable, fruiting, group 8-10 (except okra) 0.10 Vegetable, leafy, brassica, group 5 0.2 Vegetable, leafy, except brassica, group 4 0.2 Vegetable, leaves of root and tuber, group 2, except sugar beet tops 0.2 Vegetable, legume, group 6 except soybean and dry pea 5.0 Vegetables, root and tuber, group 1, except carrot, sweet potato, and sugar beet 0.20 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 377/1218 Wasabi, roots 0.2 Water spinach, tops 0.2 Watercress, upland 0.2 Wax jambu 0.2 Yacon, tuber 0.2 Canola, seed 20 Cattle, meat byproducts 5.0 Corn, �eld, forage 13 Corn, �eld, grain 5.0 Corn, �eld, stover 100 Egg 0.05 Goat, meat byproducts 5.0 Grain aspirated fractions 310.0 Hog, meat byproducts 5.0 Horse, meat byproducts 5.0 Poultry, meat 0.10 Poultry, meat byproducts 1.0 (2) Tolerances are established for residues of glyphosate, including its metabolites and degradates, in or on the commodities listed below resulting from the application of glyphosate, the isopropylamine salt of glyphosate, the ethanolamine salt of glyphosate, the dimethylamine salt of glyphosate, the ammonium salt of glyphosate, and the potassium salt of glyphosate. Compliance with the following tolerance levels is to be determined by measuring only glyphosate (N (phosphonomethyl)glycine) and its metabolite N-acetyl-glyphosate (N-acetyl-N (phosphonomethyl)glycine; calculated as the stoichiometric equivalent of glyphosate). Commodity Parts per million Commodity Parts per Million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 378/1218 Sheep, meat byproducts 5.0 Soybean, forage 100.0 Soybean, hay 200.0 Soybean, hulls 120.0 Soybean, seed 20.0 [45 FR 64911, Oct. 1, 1980] § 180.367 n-Octyl bicycloheptenedicarboximide; tolerances for residues. [65 FR 33713, May 24, 2000, as amended at 75 FR 60243, Sept. 29, 2010] § 180.368 Metolachlor; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. A tolerance of 5 parts per million is established for residues of the insecticide synergist N-octyl bicycloheptene dicarboximide, including its metabolites and degradates, in or on all food items in food handling establishments where food and food products are held, processed, prepared and/or served, provided that the food is removed or covered prior to such use, except for bagged food in warehouse storage which need not be removed or covered prior to applications of formulations containing N-octyl bicycloheptene dicarboximide. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only N-octyl bicycloheptene dicarboximide, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per Million For FEDERAL REGISTER citations affecting § 180.364, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/45-FR-64911 https://www.federalregister.gov/citation/65-FR-33713 https://www.federalregister.gov/citation/75-FR-60243 https://www.ecfr.gov/current/title-40/section-180.364 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 379/1218 Almond, hulls 0.30 Animal feed, nongrass, group 18 1.0 Cattle, fat 0.02 Cattle, kidney 0.20 Cattle, liver 0.05 Cattle, meat 0.02 Cattle, meat byproducts, except kidney and liver 0.04 Corn, �eld, forage 6.0 Corn, �eld, grain 0.10 Corn, �eld, stover 6.0 Corn, pop, grain 0.10 Corn, pop, stover 6.0 Corn, sweet, forage 6.0 Corn, sweet, kernel plus cob with husks removed 0.10 Corn, sweet, stover 6.0 Cotton, gin byproducts 4.0 Cotton, undelinted seed 0.10 Dillweed 0.50 Egg 0.02 Goat, fat 0.02 (1) Tolerances are established for the combined residues (free and bound) of the herbicide metolachlor, 2-chloro-N-(2- ethyl-6-methylphenyl)-N-(2-methoxy-1 methylethyl)acetamide, and its metabolites, determined as the derivatives, 2- [(2 ethyl-6- methylphenyl)amino]-1-propanol and 4-(2-ethyl-6-methylphenyl)-2- hydroxy-5 methyl-3-morpholinone, each expressed as the parent compound in the following raw agricultural commodities: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 380/1218 Goat, kidney 0.20 Goat, liver 0.05 Goat, meat 0.02 Goat, meat byproducts, except kidney and liver 0.04 Grass, forage 10 Grass, hay 0.20 Horse, fat 0.02 Horse, kidney 0.20 Horse, liver 0.05 Horse, meat 0.02 Horse, meat byproducts, except kidney and liver 0.04 Milk 0.02 Nut, tree, group 14 0.10 Okra 0.50 Peanut 0.20 Peanut, hay 20 Peanut, meal 0.40 Potato 0.20 Poultry, fat 0.02 Poultry, meat 0.02 Poultry, meat byproducts 0.05 Sa�ower, seed 0.10 Sheep, fat 0.02 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 381/1218 Sheep, kidney 0.20 Sheep, liver 0.05 Sheep, meat 0.02 Sheep, meat byproducts, except kidney and liver 0.04 Sorghum, grain, forage 1.0 Sorghum, grain, grain 0.30 Sorghum, grain, stover 4.0 Soybean, forage 5.0 Soybean, hay 8.0 Soybean, seed 0.20 Tomato 0.10 Vegetable, foliage of legume, subgroup 7A, except soybean 15.0 Vegetable, legume, group 6 0.30 Table 2 to Paragraph (a)(2) Beet, sugar, molasses 2.0 Beet, sugar, roots 0.5 (2) Tolerances are established for residues of S-metolachlor, including its metabolites and degradates, in or on the commodity(s), as de�ned. Compliance with the tolerance levels speci�ed in the following table below is to be determined by measuring only the sum of free and bound S-metolachlor, S-2-chloro-N-(2-ethyl-6 methylphenyl)-N-(2-methoxy-1-methylethyl)acetamide, its R-enantiomer, and its metabolites, determined as the derivatives, 2-(2-ethyl-6-methylphenyl)amino-1 propanol and 4-(2-ethyl-6-methylphenyl)-2-hydroxy-5-methyl-3-morpholinone, calculated as the stoichiometric equivalent of S-metolachlor, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 382/1218 Beet, sugar, tops 15.0 Brassica, leafy greens, subgroup 4-16B 1.8 Bushberry subgroup 13-07B 0.15 Caneberry subgroup 13-07A 0.10 Carrot, roots 0.40 Cattle, fat 0.02 Cattle, kidney 0.20 Cattle, liver 0.05 Cattle, meat 0.02 Cattle, meat byproducts, except kidney and liver 0.04 Cilantro, leaves 8.0 Coriander, seed 0.13 Corn, �eld, forage 40 Corn, �eld, grain 0.10 Corn, �eld, stover 40 Corn, pop, grain 0.10 Corn, pop, stover 40 Corn, sweet, forage 40 Corn, sweet, kernel plus cob with husks removed 0.10 Corn, sweet, stover 40 Cotton, gin byproducts 4.0 Cottonseed subgroup 20C 0.10 Dill, seed 15 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 383/1218 Dillweed 5 Dillweed, dried leaves 9 Egg 0.02 Goat, fat 0.02 Goat, kidney 0.20 Goat, liver 0.05 Goat, meat 0.02 Goat, meat byproducts, except kidney and liver 0.04 Grain, aspirated fractions 4 Grass, forage 10.0 Grass, hay 0.20 Horse, fat 0.02 Horse, kidney 0.20 Horse, liver 0.05 Horse, meat 0.02 Horse, meat byproducts, except kidney and liver 0.04 Kohlrabi 0.60 Leaf petiole vegetable subgroup 22B 0.10 Lettuce 1.5 Low growing berry subgroup 13-07G, except cranberry 0.40 Milk 0.02 Onion, bulb, subgroup 3-07A 0.10 Onion, green, subgroup 3-07B 2.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 384/1218 Peanut 0.20 Peanut, hay 20.0 Peanut, meal 0.40 Poultry, fat 0.02 Poultry, meat 0.02 Poultry, meat byproducts 0.05 Rosemary, dried leaves 2 Rosemary, fresh leaves 1.5 Sa�ower, seed 0.10 Sesame, seed 0.13 Sheep, fat 0.02 Sheep, kidney 0.20 Sheep, liver 0.05 Sheep, meat 0.02 Sheep, meat byproducts, except kidney and liver 0.04 Sorghum, grain, forage 1.0 Sorghum, grain, grain 0.3 Sorghum, grain, stover 4.0 Sorghum, sweet, stalk 4.0 Soybean, forage 5.0 Soybean, hay 8.0 Soybean, meal 1.5 Soybean, seed 0.9 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 385/1218 Spinach 0.50 Stalk and stem vegetable subgroup 22A, except kohlrabi 0.10 Stevia, dried leaves 15 Sugarcane, cane 0.20 Sugarcane, molasses 1.5 Sun�ower, meal 1.0 Sun�ower subgroup 20B 1.0 Swiss chard 0.15 Tomato, paste 0.30 Vegetable, Brassica, head and stem, group 5-16 0.60 Vegetable, cucurbit group 9 0.50 Vegetable, foliage of legume, except soybean, subgroup 7A 15.0 Vegetable, fruiting, group 8-10, except tabasco pepper 0.10 Vegetable, leaves of root and tuber, group 2, except sugar beet 2.0 Vegetable, legume, group 6 0.30 Vegetable, root, except sugar beet, subgroup 1B, except carrot 0.30 Vegetable, tuberous and corm, subgroup 1C 0.20 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. (1) Tolerances with regional registration as de�ned in 180.1(l) are established for the combined residues (free and bound) of the herbicide metolachlor [2-chloro-N-(2 ethyl-6-methylphenyl)-N-(2-methoxy-1-methylethyl)acetamide] and its metabolites, determined as the derivatives, 2-[2-ethyl-6-methylphenyl)amino]-1-propanol and 4-(2 ethyl-6-methylphenyl)-2-hydroxy-5-methyl-3-morpholinone, each expressed as the parent compound, in or on the following raw agricultural commodities: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 386/1218 Pepper, nonbell 0.50 Pepper, tabasco 0.50 Animal feed, nongrass, group 18 1.0 Barley, grain 0.10 Barley, hay 0.80 Barley, straw 0.80 Buckwheat, grain 0.10 Millet, forage 0.50 Millet, grain 0.10 Millet, hay 0.80 Millet, straw 0.80 Oat, forage 0.50 (2) Tolerances with regional registration are established for residues of S-metolachlor, including its metabolites and degradates, in or on the commodities identi�ed in the following table below. Compliance with the tolerance levels speci�ed in the following table below is to be determined by measuring only the sum of free and bound S metolachlor, S-2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1 methylethyl)acetamide, its R-enantiomer, and its metabolites, determined as the derivatives, 2-(2-ethyl-6-methylphenyl)amino-1-propanol and 4-(2-ethyl-6 methylphenyl)-2-hydroxy-5-methyl-3-morpholinone, calculated as the stoichiometric equivalent of S-metolachlor, in or on the commodity. (d) Indirect or inadvertent residues. (1) Tolerances are established for the indirect or inadvertent combined residues (free and bound) of the herbicide metolachlor, 2-chloro-N-(2-ethyl-6- methylphenyl)-N-(2 methoxy-1-methylethyl)acetamide, and its metabolites, determined as the derivatives, 2-[(2-ethyl-6-methylphenyl)amino]-1-propanol and 4-(2-ethyl-6 methylphenyl)-2- hydroxy-5-methyl-3-morpholinone, each expressed as the parent compound in the following raw agricultural commodities: CommodityCommodity Parts per millionParts per million Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 387/1218 Oat, grain 0.10 Oat, hay 0.80 Oat, straw 0.80 Rice, grain 0.10 Rye, forage 0.50 Rye, grain 0.10 Rye, straw 0.80 Wheat, forage 0.50 Wheat, grain 0.10 Wheat, hay 0.80 Wheat, straw 0.80 Animal feed, nongrass, group 18 1.0 Barley, grain 0.10 Barley, hay 0.50 Barley, straw 0.50 Buckwheat, grain 0.10 Millet, forage 0.50 (2) Tolerances for are established for the indirect or inadvertent residues of S metolachlor, including its metabolites and degradates, in or on the commodities identi�ed in the following table below. Compliance with the tolerance levels speci�ed in the following table below is to be determined by measuring only the sum of free and bound S-metolachlor, S-2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1 methylethyl)acetamide, its R-enantiomer, and its metabolites, determined as the derivatives, 2-(2-ethyl-6-methylphenyl)amino-1-propanol and 4-(2-ethyl-6 methylphenyl)-2-hydroxy-5-methyl-3-morpholinone, calculated as the stoichiometric equivalent of S-metolachlor, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 388/1218 Millet, grain 0.10 Millet, hay 0.50 Millet, straw 0.50 Oat, forage 0.50 Oat, grain 0.10 Oat, hay 0.50 Oat, straw 0.50 Rice, grain 0.10 Rye, forage 0.50 Rye, grain 0.10 Rye, straw 0.50 Wheat, forage 0.50 Wheat, grain 0.10 Wheat, hay 0.50 Wheat, straw 0.50 [73 FR 53740, Sept. 17, 2008, as amended at 74 FR 48412, Sept. 23, 2009; 75 FR 56903, Sept. 17, 2010; 77 FR 48906, Aug. 15, 2012; 77 FR 59127, Sept. 26, 2012; 79 FR 17441, Mar. 28, 2014; 80 FR 38986, July 8, 2015; 83 FR 12274, Mar. 21, 2018; 84 FR 8617, Mar. 11, 2019; 85 FR 40131, July 6, 2020] ยง 180.370 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole; tolerances for residues. Cotton, gin byproducts 0.1 (a) General. Tolerances are established for residues of the fungicide 5-ethoxy-3 (trichloromethyl)-1,2,4-thiadiazole and its monoacid metabolite 3-carboxy-5-ethoxy-1,2,4 thiadiazole in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/73-FR-53740 https://www.federalregister.gov/citation/74-FR-48412 https://www.federalregister.gov/citation/75-FR-56903 https://www.federalregister.gov/citation/77-FR-48906 https://www.federalregister.gov/citation/77-FR-59127 https://www.federalregister.gov/citation/79-FR-17441 https://www.federalregister.gov/citation/80-FR-38986 https://www.federalregister.gov/citation/83-FR-12274 https://www.federalregister.gov/citation/84-FR-8617 https://www.federalregister.gov/citation/85-FR-40131 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 389/1218 Cotton, undelinted seed 0.1 Tomato 0.15 [47 FR 49845, Nov. 3, 1982, as amended at 48 FR 12088, Mar. 23, 1983; 63 FR 57076, Oct. 26, 1998; 72 FR 41931, Aug. 1, 2007; 73 FR 54961, Sept. 24, 2008; 81 FR 34905, June 1, 2016] § 180.371 Thiophanate-methyl; tolerances for residues. Almond 0.1 Almond, hulls 0.5 Apple 2.0 Apricot 15.0 Banana 2.0 Bean, dry, seed 0.2 Bean, snap, succulent 2.0 Beet, sugar, roots 0.2 Cherry, sweet 20.0 Cherry, tart 20.0 Grain, aspirated fractions 12 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of thiophanate-methyl, dimethyl ((1,2 phenylene) bis (iminocarbonothioyl)) bis(carbamate), including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of thiophanate-methyl, dimethyl ((1,2-phenylene) bis (iminocarbonothioyl)) bis(carbamate), and its metabolite, methyl 2-benzimidazoyl carbamate (MBC), calculated as the stoichiometric equivalent of thiophanate-methyl, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/47-FR-49845 https://www.federalregister.gov/citation/48-FR-12088 https://www.federalregister.gov/citation/63-FR-57076 https://www.federalregister.gov/citation/72-FR-41931 https://www.federalregister.gov/citation/73-FR-54961 https://www.federalregister.gov/citation/81-FR-34905 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 390/1218 Grape 5.0 Onion, bulb 0.5 Onion, green 3.0 Peach 3.0 Peanut 0.1 Peanut, hay 5.0 Pear 3.0 Pecan 0.1 Pistachio 0.1 Plum 0.5 Potato 0.1 Soybean, hulls 1.5 Soybean, seed 0.2 Strawberry 7.0 Vegetable, cucurbit, group 9 1.0 Wheat, forage 1.1 Wheat, grain 0.1 Wheat, hay 0.1 Wheat, straw 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with a regional registration is established for residues of thiophanate-methyl, dimethyl ((1,2-phenylene) bis(iminocarbonothioyl)) bis(carbamate), including its metabolites and degradates, in or on the commodity in the following table. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only the sum of thiophanate-methyl, dimethyl ((1,2-phenylene) bis (iminocarbonothioyl)) bis(carbamate), and its metabolite, methyl 2-benzimidazoyl carbamate (MBC), calculated as the stoichiometric equivalent of thiophanate-methyl, in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 391/1218 Canola, seed 0.1 [75 FR 60244, Sept. 29, 2010] § 180.372 2,6-Dimethyl-4-tridecylmorpholine; tolerances for residues. Banana 1.0 There are no U.S. registrations. [73 FR 54961, Sept. 24, 2008] § 180.373 [Reserved] § 180.377 Di�ubenzuron; tolerances for residues. Artichoke, globe 6.0 Cattle, fat 0.05 Cattle, meat 0.05 Cottonseed subgroup 20C 0.20 (d) Indirect or inadvertent residues. [Reserved] (a) General. A tolerance is established for residues of the fungicide 2,6-dimethyl-4 tridecylmorpholine in or on the following food commodity: 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of di�ubenzuron, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only di�ubenzuron (N-[[(4-chlorophenyl)amino]carbonyl]-2,6-di�uorobenzamide). Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/75-FR-60244 https://www.federalregister.gov/citation/73-FR-54961 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 392/1218 Egg 0.07 Goat, fat 0.05 Goat, meat 0.05 Hog, fat 0.05 Hog, meat 0.05 Horse, fat 0.05 Horse, meat 0.05 Milk 0.05 Mushroom 0.2 Poultry, fat 0.10 Poultry, meat byproducts 0.08 Poultry, meat 0.05 Sheep, fat 0.05 Sheep, meat 0.05 Soybean 0.05 Soybean, hulls 0.5 Almond, hulls 6.0 Barley, grain 0.06 (2) Tolerances are established for residues of the insecticide di�ubenzuron (N-[[(4 chlorophenyl)amino]carbonyl]-2,6-di�uorobenzamide), in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of di�ubenzuron (N-[[(4 chlorophenyl)amino]carbonyl]-2,6-di�uorobenzamide), 4-chlorophenylyurea and 4 chloroaniline, calculated as the stoichiometric equivalent of di�ubenzuron, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 393/1218 Barley, hay 3.0 Barley, straw 1.8 Brassica, leafy greens, subgroup 5B 9.0 Carrot, roots 0.20 Cattle, meat byproducts 0.15 Citrus, oil 32 Fruit, citrus, group 10-10 3.0 Goat, meat byproducts 0.15 Grain, aspirated fractions 11 Grass, forage, fodder, and hay, group 17 6.0 Hog, meat byproducts 0.15 Horse, meat byproducts 0.15 Oat, forage 7.0 Oat, grain 0.06 Oat, hay 6.0 Oat, straw 3.5 Peanut 0.10 Peanut, hay 55 Peanut, re�ned oil 0.20 Peach subgroup 12-12B 0.50 Pear 0.50 Pepper/Eggplant subgroup 8-10B 1.0 Plum Subgroup 12-12C 0.50 Nut, tree, group 14-12 0.20 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 394/1218 Rice, grain 0.02 Sheep, meat byproducts 0.15 Turnip greens 9.0 Wheat, forage 7.0 Wheat, grain 0.06 Wheat, hay 6.0 Wheat, straw 3.5 Alfalfa, forage 6.0 12/31/17 Alfalfa, hay 6.0 12/31/17 Lemon 0.8 12/31/10 Alfalfa, forage 6.0 Alfalfa, hay 20 (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of the insecticide di�ubenzuron (N-[[(4-chlorophenyl)amino]carbonyl]-2,6 di�uorobenzamide) and its metabolites, in connection with use of the pesticide under section 18 emergency exemptions granted by EPA. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of di�ubenzuron (N-[[(4 chlorophenyl)amino]carbonyl]-2,6-di�uorobenzamide), 4-chlorophenylyurea and 4 chloroaniline, calculated as the stoichiometric equivalent of di�ubenzuron, in or on the commodity. The tolerances are speci�ed in the following table, and will expire and are revoked on the dates speci�ed. (c) Tolerances with regional registrations. Tolerances with regional registration are established for residues of the insecticide di�ubenzuron (N-[[(4 chlorophenyl)amino]carbonyl]-2,6-di�uorobenzamide), in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of di�ubenzuron (N-[[(4-chlorophenyl)amino]carbonyl]-2,6 di�uorobenzamide), 4-chlorophenylyurea and 4-chloroaniline, calculated as the stoichiometric equivalent of di�ubenzuron, in or on the commodity. Commodity Parts per million Commodity Parts per million Expiration/revocation date Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 395/1218 Alfalfa, seed 0.90 [65 FR 33699, May 24, 2000] § 180.378 Permethrin; tolerances for residues. Alfalfa, forage 20 Alfalfa, hay 45 Almond 0.05 Almond, hulls 20 Artichoke, globe 5.0 Asparagus 2.0 Avocado 1.0 Broccoli 2.0 Brussels sprouts 1.0 Cabbage 6.0 Cattle, fat 1.5 Cattle, meat 0.10 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of permethrin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only permethrin [(3 phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate], as the sum of its cis- and trans- isomers in or on the commodity. Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.377, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/65-FR-33699 https://www.ecfr.gov/current/title-40/section-180.377 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 396/1218 Cattle, meat byproducts 0.10 Cauli�ower 0.5 Celtuce 5 Cherry subgroup 12-12A 4 Corn, �eld, forage 50 Corn, �eld, grain 0.05 Corn, �eld, stover 30 Corn, pop, grain 0.05 Corn, pop, stover 30 Corn, sweet, forage 50 Corn, sweet, kernel plus cob with husks removed 0.10 Corn, sweet, stover 30 Egg 0.10 Eggplant 0.50 Fennel, Florence, fresh leaves and stalks 5 Fruit, pome, group 11 0.05 Garlic, bulb 0.10 Grain, aspirated fractions 0.50 Goat, fat 1.5 Goat, meat 0.10 Goat, meat byproducts 0.10 Hazelnut 0.05 Hog, fat 0.05 Hog, meat 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 397/1218 Hog, meat byproducts 0.05 Horse, fat 1.5 Horse, meat 0.10 Horse, meat byproducts 0.10 Horseradish 0.50 Kiwifruit 2.0 Leaf petiole vegetable subgroup 22B 5 Leafy greens subgroup 4A 20 Lettuce, head 20 Milk, fat (re�ecting 0.88 ppm in whole milk) 3.0 Mushroom 5.0 Onion, bulb 0.10 Peach subgroup 12-12B 2 Pepper, bell 0.50 Pistachio 0.10 Poultry, fat 0.15 Poultry, meat 0.05 Poultry, meat byproducts 0.05 Sheep, fat 1.5 Sheep, meat 0.10 Sheep, meat byproducts 0.10 Soybean, seed 0.05 Spinach 20 Swiss chard 5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 398/1218 Tea, plucked leaves 20 Tomato 2.0 Vegetable, cucurbit, group 9 1.5 Vegetable, tuberous and corm, subgroup 1C 0.05 Walnut 0.05 Watercress 5.0 There are no United States registrations for use of permethrin on tea, plucked leaves as of July 28, 2020. Collards 15 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2 Grass, forage 15 Grass, hay 15 Papaya 1.0 Turnip, tops 10 Turnip, roots 0.20 [72 FR 52019, Sept. 12, 2007, as amended at 85 FR 45335, July 28, 2020] § 180.380 Vinclozolin; tolerances for residues. 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations, as de�ned in § 180.1(l), are established for residues of permethrin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only permethrin [(3 phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate], as the sum of its cis- and trans- isomers in or on the commodity. (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-52019 https://www.federalregister.gov/citation/85-FR-45335 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 399/1218 Bean, succulent 2.0 11/30/05 Canola, seed 1.0 11/30/08 Cattle, fat 0.05 11/30/08 Cattle, meat 0.05 11/30/08 Cattle, meat byproducts 0.05 11/30/08 Egg 0.05 11/30/08 Goat, fat 0.05 11/30/08 Goat, meat 0.05 11/30/08 Goat, meat byproducts 0.05 11/30/08 Grape, wine 6. 0 None Hog, fat 0.05 11/30/08 Hog, meat 0.05 11/30/08 Hog, meat byproducts 0.05 11/30/08 Horse, fat 0.05 11/30/08 Horse, meat 0.05 11/30/08 Horse, meat byproducts 0.05 11/30/08 Lettuce, head 10.0 11/30/05 Lettuce, leaf 10.0 11/30/05 Milk 0.05 11/30/08 Poultry, fat 0.1 11/30/08 Poultry, meat 0.1 11/30/08 (a) General. Tolerances are established for the combined residues of the fungicide vinclozolin (3-(3,5-dichlorophenyl)-5-ethenyl-5-methyl-2,4-oxazolidinedione) and its metabolites containing the 3,5-dichloroaniline moiety in or on the food commodities in the table below. There are no U.S. registrations for grape (wine) as of July 30, 1997. Commodity Parts per million Expiration/Revocation Date 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 400/1218 Poultry, meat byproducts 0.1 11/30/08 Sheep, fat 0.05 11/30/08 Sheep, meat 0.05 11/30/08 Sheep, meat byproducts 0.05 11/30/08 Cucumber 1.0 Fruit, stone, except plum, prune, fresh 25.0 Pepper, bell 3.0 Strawberry 10.0 [62 FR 38474, July 18, 1997, as amended at 63 FR 7308, Feb. 13, 1998; 65 FR 44468, July 18, 2000; 67 FR 40189, June 12, 2002; 68 FR 56189, Sept. 30, 2003; 68 FR 69323, Dec. 12, 2003; 70 FR 55268, Sept. 21, 2005] § 180.381 Oxy�uorfen; tolerances for residues. Almond, hulls 0.1 Artichoke, globe 0.05 Avocado 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (e) Revoked tolerances subject to the channel of trade provisions. The following table lists commodities with residues of vinclozolin resulting from lawful use are subject to the channels of trade provisions of section 408(l)(5) of the FFDCA: (a) General. Tolerances are established for residues of the herbicide oxy�uorfen [2-chloro-1 (3-ethoxy-4-nitrophenoxy)-4-(tri�uoromethyl)benzene] in or on the following food commodities: Commodity Parts per million Expiration/Revocation Date Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/62-FR-38474 https://www.federalregister.gov/citation/63-FR-7308 https://www.federalregister.gov/citation/65-FR-44468 https://www.federalregister.gov/citation/67-FR-40189 https://www.federalregister.gov/citation/68-FR-56189 https://www.federalregister.gov/citation/68-FR-69323 https://www.federalregister.gov/citation/70-FR-55268 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 401/1218 Banana 0.05 Broccoli 0.05 Cabbage 0.05 Cacao bean, dried bean 0.05 Cattle, fat 0.01 Cattle, meat 0.01 Cattle, meat byproducts 0.01 Cauli�ower 0.05 Coffee, bean, green 0.05 Corn, �eld, grain 0.05 Cotton, undelinted seed 0.05 Date, dried fruit 0.05 Egg 0.03 Feijoa 0.05 Fig 0.05 Fruit, pome, group 11 0.05 Fruit, stone, group 12 0.05 Goat, fat 0.01 Goat, meat 0.01 Goat, meat byproducts 0.01 Grape 0.05 Hog, fat 0.01 Hog, meat 0.01 Hog, meat byproducts 0.01 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 402/1218 Horse, fat 0.01 Horse, meat 0.01 Horse, meat byproducts 0.01 Horseradish 0.05 Kiwifruit 0.05 Milk 0.01 Nut, tree, group 14 0.05 Olive 0.05 Onion, bulb 0.05 Peppermint, tops 0.05 Persimmon 0.05 Pistachio 0.05 Pomegranate 0.05 Poultry, fat 0.2 Poultry, meat 0.01 Poultry, meat byproducts 0.01 Sheep, fat 0.01 Sheep, meat 0.01 Sheep, meat byproducts 0.01 Soybean 0.05 Spearmint, tops 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration are established for residues of the herbicide oxy�uorfen [2-chloro-1-(3-ethoxy-4 nitrophenoxy)-4-(tri�uoromethyl)benzene] in or on the following food commodities: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 403/1218 Blackberry 0.05 Chickpea, seed 0.05 Grass, forage 0.05 Grass, hay 0.05 Grass, seed screenings 0.05 Guava 0.05 Papaya 0.05 Raspberry 0.05 Taro, corm 0.05 Taro, leaves 0.05 [45 FR 85022, Dec. 24, 1980] § 180.383 Sodium salt of aci�uorfen; tolerances for residues. Peanut 0.1 Rice, grain 0.1 Soybean, seed 0.1 Strawberry 0.05 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for combined residues of the herbicide sodium salt of aci�uorfen, sodium 5-[2-chloro-4-(tri�uoromethyl)phenoxy]-2-nitrobenzoate, and its metabolites (the corresponding acid, methyl ester, and amino analogues) in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.381, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/45-FR-85022 https://www.ecfr.gov/current/title-40/section-180.381 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 404/1218 [45 FR 24877, Apr. 11, 1980, as amended at 46 FR 61272, Dec. 16, 1981; 47 FR 39490, Sept. 8, 1982; 61 FR 30165, June 14, 1996; 62 FR 39974, July 25, 1997; 67 FR 35048, May 17, 2002; 69 FR 6567, Feb. 11, 2004; 71 FR 54434, Sept. 15, 2006; 80 FR 72598, Nov. 20, 2015] § 180.384 Mepiquat (N,N-dimethylpiperidinium); tolerances for residues. Cattle, meat byproducts 0.1 Cotton, gin byproducts 6.0 Cotton, undelinted seed 2.0 Goat, meat byproducts 0.1 Grape 1.0 Grape, raisin 5.0 Hog, meat byproducts 0.1 Horse, meat byproducts 0.1 Sheep, meat byproducts 0.1 [67 FR 3118, Jan. 23, 2002, as amended at 80 FR 72598, Nov. 20, 2015] § 180.385 Diclofop-methyl; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional restrictions. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the plant growth regulator mepiquat, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only mepiquat, N,N-dimethylpiperidinium, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/45-FR-24877 https://www.federalregister.gov/citation/46-FR-61272 https://www.federalregister.gov/citation/47-FR-39490 https://www.federalregister.gov/citation/61-FR-30165 https://www.federalregister.gov/citation/62-FR-39974 https://www.federalregister.gov/citation/67-FR-35048 https://www.federalregister.gov/citation/69-FR-6567 https://www.federalregister.gov/citation/71-FR-54434 https://www.federalregister.gov/citation/80-FR-72598 https://www.federalregister.gov/citation/67-FR-3118 https://www.federalregister.gov/citation/80-FR-72598 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 405/1218 Barley, grain 0.1 Barley, straw 0.1 Wheat, grain 0.1 Wheat, straw 0.1 [45 FR 23425, Apr. 7, 1980, as amended at 50 FR 20211, May 15, 1985; 51 FR 3599, Jan. 29, 1986; 51 FR 19176, May 28, 1986; 63 FR 57077, Oct. 26, 1998; 72 FR 41931, Aug. 1, 2007] §§ 180.388-180.389 [Reserved] § 180.390 Tebuthiuron; tolerances for residues. Grass, forage 10.0 Grass, hay 10.0 (a) General. Tolerances are established for the combined residues of the herbicide diclofop methyl (methyl 2-[4-(2,4-dichlorophenoxy)phenoxy]propanoate) and its metabolites, 2-[4 (2,4-dichlorophenoxy)phenoxy]propanoic acid and 2-[4-(2,4-dichloro-5 hydroxyphenoxy)phenoxy]propanoic acid, in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for the combined residues of the herbicide tebuthiuron (N-(5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl)-N,N'-dimethylurea) and its metabolites N-(5-(2-hydroxy-1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl)-N,N'-dimethylurea, N-(5-(1,1 dimethylethyl)-1,3,4-thiadiazol-2-yl)-N-methylurea, and N-(5-(1,1-dimethylethyl)-1,3,4 thiadiazol-2-yl)-N'-hydroxymethyl-N-methylurea in or on the following raw agricultural commodities: (2) Tolerances are established for the combined residues of the herbicide tebuthiuron (N-(5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl)-N,N'-dimethylurea) and its metabolites N-(5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl)-N-methylurea, N-(5-(1,1 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/45-FR-23425 https://www.federalregister.gov/citation/50-FR-20211 https://www.federalregister.gov/citation/51-FR-3599 https://www.federalregister.gov/citation/51-FR-19176 https://www.federalregister.gov/citation/63-FR-57077 https://www.federalregister.gov/citation/72-FR-41931 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 406/1218 Cattle, fat 1.0 Cattle, meat 1.0 Cattle, meat byproducts 5.0 Goat, fat 1.0 Goat, meat 1.0 Goat, meat byproducts 5.0 Horse, fat 1.0 Horse, meat 1.0 Horse, meat byproducts 5.0 Sheep, fat 1.0 Sheep, meat 1.0 Sheep, meat byproducts 5.0 Milk 0.8 [72 FR 53461, Sept. 19, 2007] dimethylethyl)-1,3,4-thiadiazol-2-yl)urea, 2-dimethylethyl-5-amino-1,3,4-thiadiazole, and N-(5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl)-N'-hydroxymethyl-N-methylurea in or on the following raw agricultural commodities: (3) A tolerance is established for the combined residues of the herbicide tebuthiuron (N (5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl)-N,N'-dimethylurea) and its metabolites N (5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl)-N-methylurea, N-(5-(2-hydroxy-1,1 dimethylethyl)-1,3,4-thiadiazol-2-yl)-N-methylurea, N-(5-(1,1-dimethylethyl)-1,3,4 thiadiazol-2-yl)urea, N-(5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl)-N'-hydroxymethyl N-methylurea, and N-(5-(2-hydroxy-1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl)-N' hydroxymethyl-N-methylurea in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-53461 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 407/1218 § 180.395 Hydramethylnon; tolerances for residues. Grass, forage 2.0 Grass, hay 2.0 Pineapple 0.05 [45 FR 55198, Aug. 19, 1980, as amended at 63 FR 10543, Mar. 4, 1998; 63 FR 65073, Nov. 25, 1998; 66 FR 28672, May 24, 2001; 68 FR 37764, June 25, 2003; 68 FR 48312, Aug. 13, 2003; 72 FR 41931, Aug. 1, 2007] § 180.396 Hexazinone; tolerances for residues. Alfalfa, forage 2.0 Alfalfa, hay 4.0 Alfalfa, seed 2.0 (a) General. Tolerances are established for residues of the insecticide tetrahydro-5,5 dimethyl-2(1H)-pyrimidinone(3-(4-(tri�uoromethyl)phenyl)-1-(2-(4 (tri�uoromethyl)phenyl)ethenyl)-2-propenylidene)hydrazone in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide hexazinone, 3-cyclohexyl-6 (dimethylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine 2,4-(1H, 3H)-dione, and its plant metabolites: metabolite A, 3-(4 hydroxycyclohexyl)-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, metabolite B, 3-cyclohexyl-6-(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H) dione, metabolite C, 3-(4-hydroxycyclohexyl)-6-(methylamino)-1-methyl-1,3,5-triazine 2,4-(1H, 3H)-dione, metabolite D, 3-cyclohexyl-1-methyl-1,3,5-triazine-2,4,6-(1H, 3H, 5H)-trione, and metabolite E, 3-(4-hydroxycyclohexyl)-1-methyl-1,3,5-triazine-2,4,6 (1H, 3H, 5H)-trione, calculated as the stoichiometric equivalent of hexazinone, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/45-FR-55198 https://www.federalregister.gov/citation/63-FR-10543 https://www.federalregister.gov/citation/63-FR-65073 https://www.federalregister.gov/citation/66-FR-28672 https://www.federalregister.gov/citation/68-FR-37764 https://www.federalregister.gov/citation/68-FR-48312 https://www.federalregister.gov/citation/72-FR-41931 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 408/1218 Blueberry 0.6 Grass, forage 250 Grass, hay 230 Pineapple 0.6 Sugarcane, cane 0.6 Sugarcane, molasses 4.0 Cattle, fat 0.1 Cattle, meat 0.5 Cattle, meat byproducts 4.0 Goat, fat 0.1 Goat, meat 0.5 Goat, meat byproducts 4.0 Hog, fat 0.1 Hog, meat 0.5 Hog, meat byproducts 4.0 Horse, fat 0.1 Horse, meat 0.5 (2) Tolerances are established for residues of the herbicide hexazinone, 3-cyclohexyl-6 (dimethylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine 2,4-(1H, 3H)-dione, and its animal tissue metabolites: metabolite B, 3-cyclohexyl-6 (methylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, and metabolite F, 3 cyclohexyl-6-amino-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, calculated as the stoichiometric equivalent of hexazinone, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 409/1218 Horse, meat byproducts 4.0 Sheep, fat 0.1 Sheep, meat 0.5 Sheep, meat byproducts 4.0 Milk 11 [65 FR 33713, May 24, 2000, as amended at 71 FR 56399, Sept. 27, 2006; 75 FR 60244, Sept. 29, 2010] § 180.399 Iprodione; tolerances for residues. Almond, hulls 2.0 Almond 0.3 (3) A tolerance is established for residues of the herbicide hexazinone, 3-cyclohexyl-6 (dimethylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, including its metabolites and degradates, in or on the commodity in the following table. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only the sum of hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, and its metabolites: metabolite B, 3-cyclohexyl-6-(methylamino)-1-methyl 1,3,5-triazine-2,4-(1H, 3H)-dione, metabolite C, 3-(4-hydroxycyclohexyl)-6 (methylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, metabolite C-2, 3-(3 hydroxycyclohexyl)-6-(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, and metabolite F, 3-cyclohexyl-6-amino-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, calculated as the stoichiometric equivalent of hexazinone, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for the combined residues of the fungicide iprodione [3 (3,5-dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1-imidazolidinecarboxamide], its isomer 3-(1-methylethyl)-N-(3,5-dichlorophenyl)-2,4-dioxo-1 imidazolidinecarboxamide, and its metabolite 3-(3,5-dichlorophenyl)-2,4-dioxo-1 imidazolidine-carboxamide in or on the following food commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33713 https://www.federalregister.gov/citation/71-FR-56399 https://www.federalregister.gov/citation/75-FR-60244 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 410/1218 Apricot 20.0 Bean, dry, seed 2.0 Bean, forage 90.0 Bean, succulent 2.0 Blueberry 15.0 Boysenberry 15.0 Broccoli 25.0 Caneberry subgroup 13A 25.0 Carrot, roots 5.0 Cherry, sweet, postharvest 20.0 Cherry, tart 20.0 Cotton, undelinted seed 0.10 Cowpea, hay 90.0 Currant 15.0 Garlic 0.1 Ginseng 2.0 Ginseng, dried root 4.0 Grape 60.0 Grape, raisin 300 Kiwifruit 10.0 Lettuce 25.0 Nectarine, postharvest 20.0 Onion, bulb 0.5 Peach, postharvest 20.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 411/1218 Peanut 0.5 Peanut, hay 150.0 Plum, postharvest 20.0 Plum, prune 20.0 Potato 0.5 Raspberry 15.0 Rice, bran 30.0 Rice, grain 10.0 Rice, hulls 50.0 Strawberry 15.0 Cattle, fat 0.5 Cattle, kidney 3.0 Cattle, liver 3.0 Cattle, meat 0.5 Cattle, meat byproducts, except kidney and liver 0.5 Egg 1.5 Goat, fat 0.5 Goat, kidney 3.0 Goat, liver 3.0 (2) Tolerances are established for the combined residues of iprodione [3-(3,5 dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1-imidazolidinecarboxamide], its isomer [3-(1-methylethyl)-N-(3,5-dichlorophenyl)-2,4-dioxo-1-imidazolidinecarboxamide, and its metabolites [3-(3,5-dichlorophenyl)-2,4-dioxo-1-imidazolidine-carboxamide] and [N-(3,5-dichloro-4-hydroxyphenyl)-ureido-carboxamide], all expressed as iprodione equivalents in or on the following food commodities of animal origin: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 412/1218 Goat, meat 0.5 Goat, meat byproducts, except kidney and liver 0.5 Hog, fat 0.5 Hog, kidney 3.0 Hog, liver 3.0 Hog, meat 0.5 Hog, meat byproducts, except kidney and liver 0.5 Horse, fat 0.5 Horse, kidney 3.0 Horse, liver 3.0 Horse, meat 0.5 Horse, meat byproducts, except kidney and liver 0.5 Milk 0.5 Poultry, fat 3.5 Poultry, liver 5.0 Poultry, meat 1.0 Poultry, meat byproducts, except liver 1.0 Sheep, fat 0.5 Sheep, kidney 3.0 Sheep, liver 3.0 Sheep, meat 0.5 Sheep, meat byproducts, except kidney and liver 0.5 (b) Section 18 emergency exemptions. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 413/1218 Mustard greens 15.0 [48 FR 40385, Sept. 7, 1983] § 180.401 Thiobencarb; tolerances for residues. Cattle, fat 0.2 Cattle, meat byproducts 0.2 Cattle, meat 0.2 Egg 0.2 Goat, fat 0.2 Goat, meat byproducts 0.2 Goat, meat 0.2 Hog, fat 0.2 Hog, meat byproducts 0.2 (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for the combined residues of the fungicide iprodione [3-(3,5 dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1-imidazolidinecarboxamide], its isomer [3-(1 methylethyl)-N-(3,5-dichlorophenyl)-2,4-dioxo-1-imidazolidinecarboxamide], and its metabolite [3-(3,5-dichlorophenyl)-2,4-dioxo-1-imidazolidinecarboxamide] in or on the following food commodity: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the herbicide thiobencarb (S-[(4-chlorophenyl)methyl]diethyl-carbamothioate) and its chlorobenzyl and chlorophenyl moiety-containing metabolites in or on the following raw agricultural commodities: Commodity Parts per million Commodity Part per million For FEDERAL REGISTER citations affecting § 180.399, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/48-FR-40385 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) https://www.ecfr.gov/current/title-40/section-180.399 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 414/1218 Hog, meat 0.2 Horse, fat 0.2 Horse, meat byproducts 0.2 Horse, meat 0.2 Milk 0.05 Poultry, fat 0.2 Poultry, meat byproducts 0.2 Poultry, meat 0.2 Rice, grain 0.2 Sheep, fat 0.2 Sheep, meat byproducts 0.2 Sheep, meat 0.2 Celery 0.2 Endive 0.2 Lettuce 0.2 [47 FR 6833, Feb. 17, 1982, as amended at 56 FR 2440, Jan. 23, 1991; 76 FR 34885, June 15, 2011; 80 FR 72599, Nov. 20, 2015] § 180.403 Thidiazuron; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the herbicide thiobencarb (S-[(4-chloro phenyl)methyl]diethylcarbamothioate) and its chlorobenzyl and chlorophenyl moiety containing metabolites in or on the following raw agricultural commodities: (d) Indirect or inadvertent residues. [Reserved] Commodity Part per million Commodity Parts per million https://www.federalregister.gov/citation/47-FR-6833 https://www.federalregister.gov/citation/56-FR-2440 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/80-FR-72599 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 415/1218 Cattle, fat 0.4 Cattle, meat 0.4 Cattle, meat byproducts 0.4 Cotton, gin byproducts 24.0 Cotton, undelinted seed 0.3 Goat, fat 0.4 Goat, meat 0.4 Goat, meat byproducts 0.4 Hog, fat 0.4 Hog, meat 0.4 Hog, meat byproducts 0.4 Horse, fat 0.4 Horse, meat 0.4 Horse, meat byproducts 0.4 Milk 0.05 Sheep, fat 0.4 Sheep, meat 0.4 Sheep, meat byproducts 0.4 [65 FR 33700, May 24, 2000, as amended at 72 FR 53462, Sept. 19, 2007] (a) General. Tolerances are established for the combined residues of the defoliant thidiazuron (N-phenyl-N-1,2,3-thiadiazol-5-ylurea) and its aniline containing metabolites in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33700 https://www.federalregister.gov/citation/72-FR-53462 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 416/1218 ยง 180.404 Profenofos; tolerances for residues. Cattle, fat 0.05 Cattle, meat 0.05 Cattle, meat byproducts 0.05 Cotton, gin byproducts 55.0 Cotton, undelinted seed 2.0 Goat, fat 0.05 Goat, meat 0.05 Goat, meat byproducts 0.05 Horse, fat 0.05 Horse, meat 0.05 Horse, meat byproducts 0.05 Milk 0.01 Sheep, fat 0.05 Sheep, meat 0.05 Sheep, meat byproducts 0.05 [65 FR 33700, May 24, 2000, as amended at 66 FR 50833, Oct. 5, 2001; 67 FR 49617, July 31, 2002; 72 FR 54579, Sept. 26, 2007] ยง 180.405 Chlorsulfuron; tolerances for residues. (a) General. Tolerances are established for residues of the insecticide profenofos (O-(4 bromo-2-chlorophenyl)-O-ethyl-S-propyl phosphorothioate) in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33700 https://www.federalregister.gov/citation/66-FR-50833 https://www.federalregister.gov/citation/67-FR-49617 https://www.federalregister.gov/citation/72-FR-54579 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 417/1218 Barley, grain 0.1 Barley, straw 0.5 Oat, forage 20.0 Oat, grain 0.1 Oat, straw 0.5 Wheat, forage 20.0 Wheat, grain 0.1 Wheat, straw 0.5 Cattle, fat 0.3 Cattle, meat 0.3 Cattle, meat byproducts 0.3 Goat, fat 0.3 Goat, meat 0.3 Goat, meat byproducts 0.3 Grass, forage 11.0 Grass, hay 19.0 Hog, fat 0.3 (1) Tolerances are established for the combined residues of chlorsulfuron (2-chloro-N [(4-methoxy-6-methyl-1,3,5-triazin-2-yl)aminocarbonyl]benzenesulfonamide) and its metabolite, 2-chloro-5-hydroxy-N-[(4-methoxy-6-methyl-1,3,5-triazin-2 yl)aminocarbonyl] benzenesulfonamide in or on the following raw agricultural commodities: (2) Tolerances are established for residues of chlorsulfuron (2-chloro-N-[(4-methoxy-6 methyl-1,3,5-triazin-2- yl)aminocarbonyl] benzenesulfonamide) in or on the following raw agricultural commodities. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 418/1218 Hog, meat 0.3 Hog, meat byproducts 0.3 Horse, fat 0.3 Horse, meat 0.3 Horse, meat byproducts 0.3 Milk 0.1 Sheep, fat 0.3 Sheep, meat 0.3 Sheep, meat byproducts 0.3 [67 FR 52873, Aug. 14, 2002] § 180.407 Thiodicarb; tolerances for residues. Broccoli 7.0 None Cabbage 7.0 None Cauli�ower 7.0 None Corn, sweet, kernel plus cob with husks removed 2.0 None (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the insecticide thiodicarb (dimethyl N,N′-[thiobis[[(methylimino)carbonyloxy]] bis[ethanimidothioate]) and its metabolite methomyl (S-methyl N-[(methylcarbamoyl) oxy]thioacetimidate) in or on the following food commodities or groups. The time-limited tolerances expire and are revoked on the dates listed in the following table: Commodity Parts per million Commodity Parts per million Expiration/revocation date https://www.federalregister.gov/citation/67-FR-52873 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 419/1218 Cotton, undelinted seed 0.4 None Soybean, hulls 0.8 None Soybean 0.2 None Vegetable, leafy, except brassica, group 4 35 None [62 FR 44595, Aug. 22, 1997, as amended at 75 FR 60245, Sept. 29, 2010] ยง 180.408 Metalaxyl; tolerances for residues. Alfalfa, forage 6.0 Alfalfa, hay 20.0 Almond 0.5 Almond, hulls 10.0 Apple 0.2 Apple, wet pomace 0.4 Apricot, dried 4.0 Asparagus 7.0 Avocado 4.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the fungicide metalaxyl [N-(2,6-dmethylphyenyl)-N-(methoxyacetyl) alanine methylester] and its metabolites containing the 2,6-dimethylaniline moiety, and N-(2-hydroxy methyl-6-methylphenyl)-N (methoxyacetyl)-alanine methyl ester, each expressed as metalaxyl equivalents, in or on the following food commodities: Commodity Parts per million Expiration/revocation date Commodity Parts per million https://www.federalregister.gov/citation/62-FR-44595 https://www.federalregister.gov/citation/75-FR-60245 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 420/1218 Beet, garden, roots 0.1 Beet, garden, tops 0.1 Beet, sugar 0.1 Beet, sugar, molasses 1.0 Beet, sugar, roots 0.5 Beet, sugar, tops 10.0 Blueberry 2.0 Broccoli 2.0 Brussels sprouts 2.0 Cabbage 1.0 Cattle, fat 0.4 Cattle, kidney 0.4 Cattle, liver 0.4 Cattle, meat 0.05 Cattle, meat byproducts, except kidney and liver 0.05 Cauli�ower 1.0 Citrus, oil 7.0 Citrus, dried pulp 7.0 Clover, forage 1.0 Clover, hay 2.5 Cotton, undelinted seed 0.1 Cranberry 4.0 Egg 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 421/1218 Fruit, citrus 1.0 Fruit, stone, group 12 1.0 Ginseng 3.0 Goat, fat 0.4 Goat, kidney 0.4 Goat, liver 0.4 Goat, meat 0.05 Goat, meat byproducts, except kidney and liver 0.05 Grain, cereal, group 15, except barley, oat and wheat 0.1 Grain, crop 0.1 Grape 2.0 Grape, raisin 6.0 Grass, forage 10.0 Grass, hay 25.0 Hog, fat 0.4 Hog, kidney 0.4 Hog, liver 0.4 Hog, meat 0.05 Hog, meat byproducts, except kidney and liver 0.05 Hop, dried cones 20 Hop, vines 2.0 Horse, fat 0.4 Horse, kidney 0.4 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 422/1218 Horse, liver 0.4 Horse, meat 0.05 Horse, meat byproducts, except kidney and liver 0.05 Lettuce, head 5.0 Milk 0.02 Mustard greens 5.0 Onion, bulb 3.0 Onion, green 10.0 Peanut 0.2 Peanut, hay 20.0 Peanut, meal 1.0 Peanut, hulls 2.0 Pineapple 0.1 Pineapple, fodder 0.1 Pineapple, forage 0.1 Plum, prune, dried 4.0 Potato, chips 4.0 Potato, granules, �akes 4.0 Potato, processed potato waste 4.0 Potato, wet peel 4.0 Poultry, fat 0.4 Poultry, kidney 0.4 Poultry, liver 0.4 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 423/1218 Poultry, meat 0.05 Poultry, meat byproducts, except kidney and liver 0.05 Potato 0.5 Raspberry 0.5 Sheep, fat 0.4 Sheep, kidney 0.4 Sheep, liver 0.4 Sheep, meat 0.05 Sheep, meat byproducts, except kidney and liver 0.05 Soybean, hulls 2.0 Soybean, meal 2.0 Soybean, seed 1.0 Spinach 10.0 Strawberry 10.0 Sun�ower, seed 0.1 Sun�ower, forage 0.1 Tomato, paste 3.0 Tomato, puree 3.0 Vegetable, brassica, leafy, group 5, except broccoli, cabbage, cauli�ower, brussels sprouts, and mustard greens 0.1 Vegetable, cucurbit, group 9 1.0 Vegetable, foilage of legume, group 7 8.0 Vegetable, fruiting, group 8 1.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 424/1218 Vegetable, leafy, except brassica, group 4, except spinach 5.0 Vegetable, leaves of root and tuber, group 2 15.0 Vegetable, legume, cannery waste 5.0 Vegetable, legume, group 6 0.2 Vegetable, root and tuber, group 1 0.5 Walnut 0.5 Papaya 0.1 Barley, bran 1.0 Barley, �our 1.0 Barley, grain 0.2 Barley, pearled barley 1.0 Barley, straw 2.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration (refer to § 180.1(m)) are established for the combined residues of the fungicide metalaxyl [N-(2,6 dimethylphenyl)-N-(methoxyacetyl) alanine methyl ester] and its metabolites containing the 2,6-dimethylaniline moiety, and N-(2-hydroxy methyl-6-methyl)-N-(methoxyacetyl) alanine methylester, each expressed as metalaxyl, in or on the following raw agricultural commodity: (d) Indirect or inadvertent tolerances. Tolerances are established for indirect or inadvertent residues of metalaxyl in or on the food commodities when present therein as a result of the application of metalaxyl to growing crops listed in paragraph (a) of this section and other non-food crops to read as follows: Commodity Parts per million Commodity Parts per million Commodity Part per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(m) https://www.ecfr.gov/current/title-40/section-180.408#p-180.408(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 425/1218 Grain, cereal, forage, fodder and straw, group 16, except barley, oat, and wheat; forage 1.0 Grain, cereal, forage, fodder and straw, group 16, except barley, oat, and wheat; stover 1.0 Grain, cereal, forage, fodder and straw, group 16, except barley, oat, and wheat; straw 1.0 Oat, �our 1.0 Oat, forage 2.0 Oat, grain 0.2 Oat, groats, rolled oats 1.0 Oat, straw 2.0 Wheat, bran 1.0 Wheat, �our 1.0 Wheat, forage 2.0 Wheat, germ 1.0 Wheat, grain 0.2 Wheat, middlings 1.0 Wheat, shorts 1.0 Wheat, straw 2.0 [65 FR 33700, May 24, 2000, as amended at 72 FR 35666, June 29, 2007; 74 FR 46374, Sept. 9, 2009; 75 FR 56015, Sept. 15, 2010] § 180.409 Pirimiphos-methyl; tolerances for residues. (a) General. Tolerances are established for residues of the insecticide pirimiphos-methyl (O (2-diethylamino-6-methyl-4-pyrimidinyl) O,O-dimethyl phosphorothioate) in or on the following raw agricultural commodities: Commodity Part per million https://www.federalregister.gov/citation/65-FR-33700 https://www.federalregister.gov/citation/72-FR-35666 https://www.federalregister.gov/citation/74-FR-46374 https://www.federalregister.gov/citation/75-FR-56015 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 426/1218 Cattle, fat 0.02 Cattle, meat byproducts 0.02 Corn, �eld, grain 8.0 Corn, pop, grain 8.0 Goat, fat 0.02 Goat, meat byproducts 0.02 Grain, aspirated fractions 20.0 Hog, fat 0.02 Hog, meat byproducts 0.02 Horse, fat 0.02 Horse, meat byproducts 0.02 Poultry, fat 0.02 Sheep, fat 0.02 Sheep, meat byproducts 0.02 Sorghum, grain, grain 8.0 [65 FR 33714, May 24, 2000, as amended at 67 FR 41807, June 19, 2002; 67 FR 49617, July 31, 2002; 70 FR 44492, Aug. 3, 2005; 72 FR 53462, Sept. 19, 2007] § 180.410 Triadimefon; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the fungicide triadimefon, 1-(4-chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-butanone, and triadimenol, β-(4-chlorophenoxy)-α-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol, expressed as triadimefon, in or on the following food commodities: CommodityCommodity Parts per millionParts per million Commodity Parts per million Expiration/Revocation Date https://www.federalregister.gov/citation/65-FR-33714 https://www.federalregister.gov/citation/67-FR-41807 https://www.federalregister.gov/citation/67-FR-49617 https://www.federalregister.gov/citation/70-FR-44492 https://www.federalregister.gov/citation/72-FR-53462 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 427/1218 Pineapple 2.0 None [73 FR 54962, Sept. 24, 2008, as amended at 76 FR 34885, June 15, 2011] § 180.411 Fluazifop-P-butyl; tolerances for residues. Banana 0.01 Beans, dry, seed 50 Beet, sugar, dried pulp 1.0 Beet, sugar, molasses 3.5 Beet, sugar, roots 0.25 Bushberry subgroup 13-07B 0.30 Caneberry subgroup 13-07A 0.08 Carrot, roots 2.0 Cattle, fat 0.05 Cattle, meat 0.05 Cattle, meat byproducts 0.05 Citrus, dried pulp 0.40 Citrus, juice 0.06 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide �uazifop-P-butyl, including its metabolites and degradates, in or on the following commodities in the table. Compliance with the tolerance levels speci�ed in the table below is to be determined by measuring only the sum of �uazifop-P-butyl, butyl(R)-2-[4-[[5-(tri�uoromethyl)-2 pyridinyl]oxy]phenoxy]propanoate, and the free and conjugated forms of the resolved isomer of �uazifop, (R)-2-[4-[[5-(tri�uoromethyl)-2-pyridinyl]oxy]phenoxy]propanoic acid, calculated as the stoichiometric equivalent of �uazifop, in or on the commodity. Commodity Parts per million Expiration/Revocation Date Commodity Parts per million https://www.federalregister.gov/citation/73-FR-54962 https://www.federalregister.gov/citation/76-FR-34885 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 428/1218 Citrus, oil 30.0 Cotton, gin byproducts 1.5 Cotton, re�ned oil 1.3 Cotton, undelinted seed 1.0 Egg 0.05 Endive 6.0 Fruit, citrus, group 10 0.03 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.03 Fruit, stone 0.05 Goat, fat 0.05 Goat, meat 0.05 Goat, meat byproducts 0.05 Hog, fat 0.05 Hog, meat 0.05 Hog, meat byproducts 0.05 Horse, fat 0.05 Horse, meat 0.05 Horse, meat byproducts 0.05 Lettuce, head 3.0 Lettuce, leaf 5.0 Milk 0.05 Nut, macadamia 0.1 Onion, bulb, subgroup 3-07A 0.50 Onion, green 1.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 429/1218 Peanut 1.5 Peanut, meal 2.2 Pecans 0.05 Poultry, fat 0.05 Poultry, meat 0.05 Poultry, meat byproducts 0.05 Potato 1.0 Potato, chips 2.0 Potato, granules/�akes 4.0 Rhubarb 0.50 Sheep, fat 0.05 Sheep, meat 0.05 Sheep, meat byproducts 0.05 Soybean, seed 2.5 Strawberry 3.0 Vegetable, tuberous and corm, except potato, subgroup 1D 1.5 No U.S. registrations. 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations are established for residues of the herbicide �uazifop-P-butyl, including its metabolites and degradates, in or on the following commodities in the table. Compliance with the tolerance levels speci�ed in the table below is to be determined by measuring only the sum of �uazifop-P-butyl, butyl(R)-2-[4-[[5-(tri�uoromethyl)-2 pyridinyl]oxy]phenoxy]propanoate, and the free and conjugated forms of the resolved isomer of �uazifop, (R)-2-[4-[[5-(tri�uoromethyl)-2-pyridinyl]oxy]phenoxy]propanoic acid, calculated as the stoichiometric equivalent of �uazifop, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 430/1218 Asparagus 3.0 Coffee, bean 0.1 Fescue, forage 4.0 Fescue, hay 15 Pepper, tabasco 1.0 [65 FR 33714, May 24, 2000, as amended at 74 FR 9372, Mar. 4, 2009; 74 FR 46374, Sept. 9, 2009; 74 FR 47457, Sept. 16, 2009; 76 FR 5703, Feb. 2, 2011; 76 FR 59908, Sept. 28, 2011; 80 FR 46822, Aug. 6, 2015; 82 FR 44942, Sept. 27, 2017] § 180.412 Sethoxydim; tolerances for residues. Table 1 to Paragraph (a) Alfalfa, forage 40 Alfalfa, hay 40 Almond, hulls 2.0 Apricot 0.2 Apple, wet pomace 0.8 Asparagus 4.0 Basil, dried leaves 20 Basil, fresh leaves 8 (d) Indirect or inadvertent residues. [Reserved] (a) Tolerances are established for the herbicide sethoxydim, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of the herbicide 2 [1-(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-one (CAS Reg. No. 74051-80-2) and its metabolites containing the 2-cyclohexen-1-one moiety, calculated as the stoichiometric equivalent of sethoxydim, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33714 https://www.federalregister.gov/citation/74-FR-9372 https://www.federalregister.gov/citation/74-FR-46374 https://www.federalregister.gov/citation/74-FR-47457 https://www.federalregister.gov/citation/76-FR-5703 https://www.federalregister.gov/citation/76-FR-59908 https://www.federalregister.gov/citation/80-FR-46822 https://www.federalregister.gov/citation/82-FR-44942 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 431/1218 Bean, succulent 15 Beet, sugar, molasses 10 Beet, sugar, tops 3.0 Berry, low growing, subgroup 13-07H, except strawberry 2.5 Borage, meal 40 Buckwheat, �our 25 Buckwheat, grain 19 Bushberry subgroup 13-07B 4.0 Calendula, meal 20 Caneberry subgroup 13-07A 5.0 Canola, meal 40 Castor oil plant, meal 20 Cattle, fat 0.2 Cattle, meat 0.2 Cattle, meat byproducts 1.0 Cherry, sweet 0.2 Cherry, tart 0.2 Chinese tallowtree, meal 20 Citrus, dried pulp 1.5 Clover, forage 35 Clover, hay 55 Coriander, leaves 4.0 Corn, �eld, forage 2.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 432/1218 Corn, �eld, grain 0.5 Corn, �eld, stover 2.5 Corn, sweet, forage 3.0 Corn, sweet, kernel plus cob with husk removed 0.4 Corn, sweet, stover 3.5 Cottonseed subgroup 20C 5.0 Cowpea, forage 15 Cowpea, hay 50 Crambe, meal 40 Cuphea, meal 40 Dillweed, fresh leaves 10 Echium, meal 40 Egg 2.0 Euphorbia, meal 20 Evening primrose, meal 20 Flax seed, meal 40 Fruit, citrus, group 10-10 0.5 Fruit, pome, group 11-10 0.2 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 1.0 Goat, fat 0.2 Goat, meat 0.2 Goat, meat byproducts 1.0 Gold of pleasure, meal 40 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 433/1218 Grape, raisin 2.0 Hare's ear mustard, meal 40 Hog, fat 0.2 Hog, meat 0.2 Hog, meat byproducts 1.0 Horse, fat 0.2 Horse, meat 0.2 Horse, meat byproducts 1.0 Jojoba, meal 20 Juneberry 5.0 Lesquerella, meal 40 Lingonberry 5.0 Lunaria, meal 40 Meadowfoam, meal 40 Milk 0.5 Milkweed, meal 40 Mustard, meal 40 Nectarine 0.2 Niger seed, meal 20 Nut, tree, group 14 0.2 Oil radish, meal 40 Pea and bean, dried shelled, except soybean, subgroup 6C 25 Pea, �eld, hay 40 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 434/1218 Pea, �eld, vines 20 Pea, succulent 10 Peach 0.2 Peanut 25 Peppermint, tops 30 Pistachio 0.2 Poppy seed, meal 40 Potato granules/�akes 8.0 Potato waste, processed 8.0 Poultry, fat 0.2 Poultry, meat 0.2 Poultry, meat byproducts 2.0 Radish, tops 4.5 Rapeseed, meal 40 Rapeseed subgroup 20A 35 Rose hip, meal 20 Sa�ower, seed 15 Salal 5.0 Sesame, meal 40 Sheep, fat 0.2 Sheep, meat 0.2 Sheep, meat byproducts 1.0 Soybean, hay 10 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 435/1218 Soybean, seed 16 Spearmint, tops 30 Strawberry 10 Stokes aster, meal 20 Sun�ower, meal 20 Sun�ower subgroup 20B, except sa�ower 7.0 Sweet rocket, meal 40 Tallowwood, meal 20 Tea oil plant, meal 20 Turnip, tops 5.0 Vegetable, brassica, leafy, group 5 5.0 Vegetable, bulb, group 3-07 1.0 Vegetable, cucurbit, group 9 4.0 Vegetable, fruiting, group 8-10 4.0 Vegetable, leafy, except brassica, group 4 4.0 Vegetable, root and tuber, group 1 4.0 Vernonia, meal 20 The individual tolerances for Juneberry, Lingonberry, and Salal expire on December 15, 2015.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registration. Tolerances are established for the herbicide sethoxydim, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of the herbicide 2-[1-(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3 hydroxy-2-cyclohexen-1-one) and its metabolites containing the 2-cyclohexen-1-one moiety, calculated as the stoichiometric equivalent of sethoxydim, in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 436/1218 Artichoke, globe 5.0 Fescue, forage 7.0 Fescue, hay 4.0 Rhubarb 0.3 [80 FR 34077, June 15, 2015, as amended at 85 FR 78002, Dec. 3, 2020] ยง 180.413 Imazalil; tolerances for residues. Banana 3.0 Barley, grain 0.1 Barley, hay 0.5 Barley, straw 0.5 Citrus, dried pulp 25.0 Citrus, oil 200.0 Fruit, citrus, postharvest 10.0 Wheat, forage 0.5 Wheat, grain 0.1 Wheat, hay 0.5 Wheat, straw 0.5 (d) Indirect and inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for the combined residues of the fungicide imazalil, 1-[2 (2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl]-1H-imidazole, and its metabolite, 1-(2,4 dichlorophenyl)-2-(1H-imidazole-1-yl)-1-ethanol, in or on the following food commodities: CommodityCommodity Parts per million Parts per million Commodity Parts per million https://www.federalregister.gov/citation/80-FR-34077 https://www.federalregister.gov/citation/85-FR-78002 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 437/1218 Cattle, fat 0.01 Cattle, meat 0.01 Cattle, meat byproducts 0.2 Goat, fat 0.01 Goat, meat 0.01 Goat, meat byproducts 0.2 Horse, fat 0.01 Horse, meat 0.01 Horse, meat byproducts 0.2 Milk 0.02 Sheep, fat 0.01 Sheep, meat 0.01 Sheep, meat byproducts 0.2 [65 FR 33715, May 24, 2000, as amended at 67 FR 46893, July 17, 2002; 71 FR 54434, Sept. 15, 2006] § 180.414 Cyromazine; tolerances for residues. (2) Tolerances are established for the combined residues of the fungicide imazalil, 1-[2 (2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl]-1H-imidazole, and its metabolites, 3-[2 (2,4-dichlorophenyl)-2-(2,3-dihydroxypropoxy)ethyl]-2,4-imidazolidinedione (FK772) and 3-[2-(2,4-dichlorophenyl)-2-(hydroxy)]-2,4-imidazolidinedione (FK284), in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of cyromazine, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine. Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33715 https://www.federalregister.gov/citation/67-FR-46893 https://www.federalregister.gov/citation/71-FR-54434 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 438/1218 Bean, dry, except cowpea 3.0 Bean, lima 1.0 Bean, succulent 2.0 Brassica, leafy greens, subgroup 4-16B 35 Broccoli 1.0 Cattle, fat 0.05 Cattle, kidney 0.2 Cattle, meat 0.05 Cattle, meat byproducts, except kidney 0.05 Celtuce 10 Chickpea, edible podded 0.4 Chickpea, succulent shelled 0.3 Dwarf pea, edible podded 0.4 Edible podded pea, edible podded 0.4 Egg 0.25 English pea, succulent shelled 0.3 Fennel, Florence, fresh leaves and stalk 10 Garden pea, succulent shelled 0.3 Goat, fat 0.05 Goat, kidney 0.2 Goat, meat 0.05 Goat, meat byproducts, except kidney 0.05 Grass-pea, edible podded 0.4 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 439/1218 Green pea, edible podded 0.4 Green pea, succulent shelled 0.3 Hog, fat 0.05 Hog, kidney 0.2 Hog, meat 0.05 Hog, meat byproducts, except kidney 0.05 Horse, fat 0.05 Horse, kidney 0.2 Horse, meat 0.05 Horse, meat byproducts, except kidney 0.05 Kohlrabi 35 Leaf petiole vegetable subgroup 22B 10 Leafy greens subgroup 4-16A 10 Lentil, edible podded 0.4 Lentil, succulent shelled 0.3 Mango 0.3 Milk 0.05 Mushroom 1.0 Onion, bulb, subgroup 3-07A 0.3 Onion, green, subgroup 3-07B 3 Onion, potato 3.0 Pepper/eggplant subgroup 8-10B 3 Pigeon pea, edible podded 0.4 1 2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 440/1218 Pigeon pea, succulent shelled 0.3 Poultry, fat (from chicken layer hens and chicken breeder hens only) 0.05 Poultry, meat (from chicken layer hens and chicken breeder hens only) 0.05 Poultry, meat byproducts (from chicken layer hens and chicken breeder hens only) 0.05 Sheep, fat 0.05 Sheep, kidney 0.2 Sheep, meat 0.05 Sheep, meat byproducts, except kidney 0.05 Snap pea, edible podded 0.4 Snow pea, edible podded 0.4 Sugar snap pea, edible podded 0.4 Tomato subgroup 8-10A 1 Vegetable, brassica, head and stem, group 5-16, except broccoli 35 Vegetable, cucurbit, group 9 1.0 Vegetable, tuberous and corm, subgroup 1C 0.8 There are no U.S. registrations on mango as of May 4, 2000. This tolerance expires on April 7, 2020. 1 2 (2) A tolerance of 5.0 parts per million is established for residues of the insecticide cyromazine, including its metabolites and degradates, in or on poultry feed when used as a feed additive only in feed for chicken layer hens and chicken breeder hens at the rate of not more than 0.01 pound of cyromazine per ton of poultry feed for control of �ies in manure of treated chicken layer hens and chicken breeder hens, provided the feeding of cyromazine-treated feed must stop at least 3 days (72 hours) before slaughter. If the feed is formulated by any person other than the end user, the formulator must inform the end user, in writing, of the 3-day (72 hours) pre Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 441/1218 Cotton, undelinted seed 0.1 Corn, sweet, kernel plus cob with husks removed 0.5 Corn, sweet, forage 0.5 Corn, sweet, stover 0.5 Radish, roots 0.5 Radish, tops 0.5 [65 FR 25860, May 4, 2000, as amended at 67 FR 72593, Dec. 6, 2002; 68 FR 55269, Sept. 24, 2003; 75 FR 22256, Apr. 28, 2010; 76 FR 23494, Apr. 27, 2011; 84 FR 53322, Oct. 7, 2019] § 180.415 Aluminum tris (O-ethylphosphonate); tolerances for residues. Avocado 25 Banana 3.0 Bushberry subgroup 13B 40 Caneberry subgroup 13A 0.1 slaughter interval. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6 triamine, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of the insecticide cyromazine, including its metabolites and degradates, in or on the commodities in the table in this paragraph when present therein as a result of the application of cyromazine to growing crops listed in paragraph (a)(1) of this section. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the commodity. (a) General. Tolerances are established for residues of the fungicide aluminum tris (O ethylphosphonate), including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only aluminum tris (O-ethylphosphonate), in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-25860 https://www.federalregister.gov/citation/67-FR-72593 https://www.federalregister.gov/citation/68-FR-55269 https://www.federalregister.gov/citation/75-FR-22256 https://www.federalregister.gov/citation/76-FR-23494 https://www.federalregister.gov/citation/84-FR-53322 https://www.ecfr.gov/current/title-40/section-180.414#p-180.414(a)(1) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 442/1218 Cranberry 0.5 Fruit, citrus, group 10-10 9.0 Fruit, pome, group 11 10 Ginseng 0.1 Hop, dried cones 45 Juneberry 40 Lingonberry 40 Nut, macadamia 0.20 Onion, bulb 0.5 Onion, green 10.0 Pea, succulent 0.3 Pepper/eggplant, subgroup 8-10B 0.01 Pineapple 0.1 Salal 40 Strawberry 75 Tomato 3 Turnip, greens 40 Turnip, roots 15 Vegetable, brassica, leafy, group 5 60 Vegetable, cucurbit, group 9 15 Vegetable, leafy, except brassica, group 4 100 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the fungicide aluminum tris (O ethylphosphonate), including its metabolites and degradates, in or on the commodities in Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 443/1218 Asparagus 0.1 Grape 10 [64 FR 36801, July 8, 1999, as amended at 64 FR 37875, July 14, 1999; 65 FR 50438, Aug. 18, 2000; 67 FR 55346, Aug. 29, 2002; 68 FR 11335, Mar. 10, 2003; 70 FR 7047, Feb. 10, 2005; 76 FR 23494, Apr. 27, 2011; 80 FR 2320, Jan. 16, 2015; 83 FR 12265, Mar. 21, 2018] § 180.416 Ethal�uralin; tolerances for residues. Bean, dry, seed 0.05 Dill, dried leaves 0.05 Dill, fresh leaves 0.05 Peanut 0.05 Pea, dry, seed 0.05 Potato 0.01 Potato 0.05 Rapeseed subgroup 20A 0.05 Soybean 0.05 Sun�ower subgroup 20B 0.05 Vegetable, cucurbit, group 9 0.05 the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only aluminum tris (O-ethylphosphonate), in or on the commodity. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide ethal�uralin, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the residues of ethal�uralin, N-ethyl-N-(2-methyl-2-propenyl)-2,6-dinitro-4 (tri�uoromethyl)benzenamine. 1 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/64-FR-36801 https://www.federalregister.gov/citation/64-FR-37875 https://www.federalregister.gov/citation/65-FR-50438 https://www.federalregister.gov/citation/67-FR-55346 https://www.federalregister.gov/citation/68-FR-11335 https://www.federalregister.gov/citation/70-FR-7047 https://www.federalregister.gov/citation/76-FR-23494 https://www.federalregister.gov/citation/80-FR-2320 https://www.federalregister.gov/citation/83-FR-12265 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 444/1218 This tolerance expires on January 28, 2021. [49 FR 391, Jan. 4, 1984, as amended at 50 FR 4976, Feb. 5, 1985; 52 FR 11262, Apr. 8, 1987; 62 FR 66014, Dec. 17, 1997; 64 FR 5191, Feb. 3, 1999; 64 FR 54782, Oct. 8, 1999; 66 FR 37598, July 19, 2001; 66 FR 41454, Aug. 8, 2001; 67 FR 2342, Jan. 17, 2002; 67 FR 49617, July 31, 2002; 72 FR 68534, Dec. 5, 2007; 78 FR 40020, July 3, 2013; 85 FR 45341, July 28, 2020] § 180.417 Triclopyr; tolerances for residues. Egg 0.05 Fish 3.0 Grass, forage 700.0 Grass, hay 200.0 Milk 0.60 Poultry, fat 0.1 Poultry, meat 0.1 Poultry, meat byproducts, except kidney 0.1 Rice, grain 0.3 Shell�sh 3.5 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide triclopyr, including its metabolites and degradates, in or on the commodities in the table below resulting from the application of the butoxyethyl ester of triclopyr, triethylamine salt of triclopyr, or choline salt of triclopyr. Compliance with the tolerance levels speci�ed below is to be determined by measuring only triclopyr, 2-[(3,5,6-trichloro-2 pyridinyl)oxy]acetic acid. (2) Tolerances are established for residues of the herbicide triclopyr, including its metabolites and degradates, in or on the commodities in the table below resulting from the application of the butoxyethyl ester of triclopyr, triethylamine salt of triclopyr, or choline salt of triclopyr. Compliance with the tolerance levels speci�ed Commodity Parts per million https://www.federalregister.gov/citation/49-FR-391 https://www.federalregister.gov/citation/50-FR-4976 https://www.federalregister.gov/citation/52-FR-11262 https://www.federalregister.gov/citation/62-FR-66014 https://www.federalregister.gov/citation/64-FR-5191 https://www.federalregister.gov/citation/64-FR-54782 https://www.federalregister.gov/citation/66-FR-37598 https://www.federalregister.gov/citation/66-FR-41454 https://www.federalregister.gov/citation/67-FR-2342 https://www.federalregister.gov/citation/67-FR-49617 https://www.federalregister.gov/citation/72-FR-68534 https://www.federalregister.gov/citation/78-FR-40020 https://www.federalregister.gov/citation/85-FR-45341 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 445/1218 Cattle, fat 0.10 Cattle, meat 0.10 Cattle, meat byproducts 0.50 Goat, fat 0.10 Goat, meat 0.10 Goat, meat byproducts 0.50 Hog, fat 0.10 Hog, meat 0.10 Hog, meat byproducts 0.50 Horse, fat 0.10 Horse, meat 0.10 Horse, meat byproducts 0.50 Sheep, fat 0.10 Sheep, meat 0.10 Sheep, meat byproducts 0.50 Table 3 to Paragraph (b) below is to be determined by measuring the combined residues of triclopyr, 2-[(3,5,6 trichloro-2-pyridinyl)oxy]acetic acid, and its metabolite 3,5,6-trichloro-2-pyridinol (TCP), calculated as the stoichiometric equivalent of triclopyr. (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the following table are established for residues of the triclopyr (2-[(3,5,6-trichloro-2-pyridinyl)oxy]acetic acid), including its metabolites and degradates in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. The tolerances expire on the date speci�ed in the table. Commodity Parts per million Commodity Parts per million Expiration/ revocation date 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 446/1218 Sugarcane, cane 40 12/31/23 [50 FR 18486, May 1, 1985, as amended at 55 FR 26440, June 28, 1990; 60 FR 4095, Jan. 20, 1995; 62 FR 46894, Sept. 5, 1997; 63 FR 45406, Aug. 26, 1998; 67 FR 35048, May 17, 2002; 67 FR 58725, Sept. 18, 2002; 72 FR 41931, Aug. 1, 2007; 80 FR 72599, Nov. 20, 2015; 81 FR 9359, Feb. 25, 2016; 82 FR 26603, June 8, 2017; 86 FR 8703, Feb. 9, 2021] § 180.418 Cypermethrin and isomers alpha-cypermethrin and zeta-cypermethrin; tolerances for residues. Brassica, head and stem, subgroup 5A 2.0 Brassica, leafy greens, subgroup 5B 14.0 Cattle, fat 1.0 Cattle, meat 0.2 Cattle, meat byproducts 0.05 Cotton, gin byproducts 11.0 Cotton, undelinted seed 0.5 Egg 0.05 Goat, fat 1.0 Goat, meat 0.2 Goat, meat byproducts 0.05 (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide cypermethrin (±)alpha cyano-(3-phenoxyphenyl)methyl(±)cis,trans-3(2,2-dichloroethenyl-2,2 dimethylcyclopropanecarboxylate in or on the following commodities: Commodity Parts per million Expiration/ revocation date Commodity Parts per million https://www.federalregister.gov/citation/50-FR-18486 https://www.federalregister.gov/citation/55-FR-26440 https://www.federalregister.gov/citation/60-FR-4095 https://www.federalregister.gov/citation/62-FR-46894 https://www.federalregister.gov/citation/63-FR-45406 https://www.federalregister.gov/citation/67-FR-35048 https://www.federalregister.gov/citation/67-FR-58725 https://www.federalregister.gov/citation/72-FR-41931 https://www.federalregister.gov/citation/80-FR-72599 https://www.federalregister.gov/citation/81-FR-9359 https://www.federalregister.gov/citation/82-FR-26603 https://www.federalregister.gov/citation/86-FR-8703 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 447/1218 Hog, fat 0.1 Hog, meat 0.05 Horse, fat 1.0 Horse, meat 0.2 Horse, meat byproducts 0.05 Lettuce, head 4.0 Milk, fat (re�ecting 0.10 in whole milk) 2.5 Onion, bulb 0.1 Onion, green 6.0 Pecan 0.05 Poultry, fat 0.05 Poultry, meat 0.05 Sheep, fat 1.0 Sheep, meat 0.2 Sheep, meat byproducts 0.05 Table 2 to Paragraph (a)(2) Alfalfa, forage 15 (2) Tolerances are established for residues of zeta-cypermethrin, (S-cyano(3 phenoxyphenyl) methyl (±))(cis-trans 3-(2,2-dichloroethenyl)-2,2 dimethylcyclopropanecarboxylate), including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only total cypermethrin, cyano(3-phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2 dimethylcyclopropane carboxylate, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 448/1218 Alfalfa, hay 30 Alfalfa, seed 0.50 Almond, hulls 6 Animal feed, nongrass, group 18, forage 8 Animal feed, nongrass, group 18, hay 40 Artichoke, globe 0.60 Avocado 0.50 Barley, grain 3.0 Barley, hay 6.0 Barley, straw 20.0 Basil, dried leaves 40 Basil, fresh leaves 7 Bean, adzuki, dry seed 0.05 Bean, American potato, dry seed 0.05 Bean, asparagus, dry seed 0.05 Bean, asparagus, edible podded 0.7 Bean, black, dry seed 0.05 Bean, broad, dry seed 0.05 Bean, broad, succulent shelled 0.1 Bean, catjang, dry seed 0.05 Bean, catjang, edible podded 0.7 Bean, catjang, succulent shelled 0.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 449/1218 Bean, cranberry, dry seed 0.05 Bean, dry, dry seed 0.05 Bean, �eld, dry seed 0.05 Bean, French, dry seed 0.05 Bean, French, edible podded 0.7 Bean, garden, dry seed 0.05 Bean, garden, edible podded 0.7 Bean, goa, dry seed 0.05 Bean, goa, edible podded 0.7 Bean, goa, succulent shelled 0.1 Bean, great northern, dry seed 0.05 Bean, green, dry seed 0.05 Bean, green, edible podded 0.7 Bean, guar, dry seed 0.05 Bean, guar, edible podded 0.7 Bean, kidney, dry seed 0.05 Bean, kidney, edible podded 0.7 Bean, lablab, dry seed 0.05 Bean, lablab, edible podded 0.7 Bean, lablab, succulent shelled 0.1 Bean, lima, dry seed 0.05 Bean, lima, succulent shelled 0.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 450/1218 Bean, morama, dry seed 0.05 Bean, moth, dry seed 0.05 Bean, moth, edible podded 0.7 Bean, moth, succulent shelled 0.1 Bean, mung, dry seed 0.05 Bean, mung, edible podded 0.7 Bean, navy, dry seed 0.05 Bean, navy, edible podded 0.7 Bean, pink, dry seed 0.05 Bean, pinto, dry seed 0.05 Bean, red, dry seed 0.05 Bean, rice, dry seed 0.05 Bean, rice, edible podded 0.7 Bean, scarlet runner, dry seed 0.05 Bean, scarlet runner, edible podded 0.7 Bean, scarlet runner, succulent shelled 0.1 Bean, snap, edible podded 0.7 Bean, sword, dry seed 0.05 Bean, sword, edible podded 0.7 Bean, tepary, dry seed 0.05 Bean, urd, dry seed 0.05 Bean, urd, edible podded 0.7 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 451/1218 Bean, wax, edible podded 0.7 Bean, wax, succulent shelled 0.1 Bean, yardlong, dry seed 0.05 Bean, yardlong, edible podded 0.7 Bean, yellow, dry seed 0.05 Beet, sugar, roots 0.05 Beet, sugar, tops 0.20 Brassica, leafy greens, subgroup 4-16B 14 Buckwheat, grain 3.0 Buckwheat, hay 6.0 Buckwheat, straw 20.0 Bushberry subgroup 13-07B 0.8 Caneberry subgroup 13-07A 0.8 Canistel 0.50 Castor oil plant, re�ned oil 0.4 Cattle, fat 1.00 Cattle, meat 0.2 Cattle, meat byproducts 0.05 Celtuce 10 Chickpea, dry seed 0.05 Chickpea, edible podded 0.7 Chickpea, succulent shelled 0.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 452/1218 Chinese tallowtree, re�ned oil 0.4 Citrus, dried pulp 1.8 Citrus, oil 4.0 Corn, �eld, forage 9.0 Corn, �eld, grain 0.05 Corn, �eld, stover 30 Corn, pop, grain 0.05 Corn, pop, stover 30 Corn, sweet, forage 15.00 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 15.00 Cottonseed subgroup 20C 0.5 Cowpea, dry seed 0.05 Cowpea, edible podded 0.7 Cowpea, succulent shelled 0.1 Egg 0.05 Euphorbia, re�ned oil 0.4 Evening primrose, re�ned oil 0.4 Fennel, Florence, fresh leaves and stalk 10 Food commodities/feed commodities (other than those covered by a higher tolerance as a result of use on growing crops) in food/feed handling establishments 0.05 Fruit, citrus, group 10 0.351 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 453/1218 Fruit, pome, group 11-10 2 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13 07F 2 Fruit, stone, group 12-12 2 Goat, fat 1.00 Goat, meat 0.2 Goat, meat byproducts 0.05 Grain, aspirated fractions 10.0 Gram, horse, dry seed 0.05 Grapefruit subgroup 10-10C 0.5 Grass, forage, fodder, and hay, group 17, forage 10 Grass, forage, fodder and hay, group 17, hay 35 Grass pea, dry seed 0.05 Grass pea, edible podded 0.7 Hog, fat 0.1 Hog, meat 0.05 Horse, fat 1.00 Horse, meat 0.2 Horse, meat byproducts 0.05 Jackbean, dry seed 0.05 Jackbean, edible podded 0.7 Jackbean, succulent shelled 0.1 Jojoba, re�ned oil 0.4 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 454/1218 Kohlrabi 2 Leaf petiole vegetable subgroup 22B 10 Leafy greens subgroup 4-16A 10 Lemon/Lime subgroup 10-10B 0.3 Lentil, dry seed 0.05 Lentil, edible podded 0.7 Lentil, succulent shelled 0.1 Longbean, Chinese, dry seed 0.05 Longbean, Chinese, edible podded 0.7 Lupin, Andean, dry seed 0.05 Lupin, Andean, succulent shelled 0.1 Lupin, blue, dry seed 0.05 Lupin, blue, succulent shelled 0.1 Lupin, grain, dry seed 0.05 Lupin, grain, succulent shelled 0.1 Lupin, sweet white, dry seed 0.05 Lupin, sweet white, succulent shelled 0.1 Lupin, sweet, dry seed 0.05 Lupin, sweet, succulent shelled 0.1 Lupin, white, dry seed 0.05 Lupin, white, succulent shelled 0.1 Lupin, yellow, dry seed 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 455/1218 Lupin, yellow, succulent shelled 0.1 Mango 0.70 Milk, fat (re�ecting 0.10 in whole milk) 2.50 Niger seed, re�ned oil 0.4 Nut, tree, group 14-12 0.05 Oat, grain 3.0 Oat, hay 6.0 Oat, straw 20.0 Onion, bulb, subgroup 3-07A 0.1 Onion, green, subgroup 3-07B 3 Orange subgroup 10-10A 0.3 Papaya 0.50 Pea, blackeyed, dry seed 0.05 Pea, blackeyed, succulent shelled 0.1 Pea, crowder, dry seed 0.05 Pea, crowder, succulent shelled 0.1 Pea, dry, dry seed 0.05 Pea, dwarf, edible podded 0.7 Pea, English, succulent shelled 0.1 Pea, �eld, dry seed 0.05 Pea, garden, dry seed 0.05 Pea, garden, succulent shelled 0.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 456/1218 Pea, green, dry seed 0.05 Pea, green, edible podded 0.7 Pea, green, succulent shelled 0.1 Pea, pigeon, dry seed 0.05 Pea, pigeon, edible podded 0.7 Pea, pigeon, succulent shelled 0.1 Pea, snap, edible podded 0.7 Pea, snow, edible podded 0.7 Pea, southern, dry seed 0.05 Pea, southern, succulent shelled 0.1 Pea, sugar snap, edible podded 0.7 Pea, winged, dry seed 0.05 Pea, winged, edible podded 0.7 Peanut 0.05 Poultry, fat 0.05 Poultry, meat 0.05 Quinoa, grain 3 Quinoa, hay 6 Quinoa, straw 20 Rapeseed subgroup 20A 0.2 Rice, grain 1.50 Rice, hulls 6.00 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 457/1218 Rice, wild, grain 1.5 Rose hip, re�ned oil 0.4 Rye, grain 3.0 Rye, hay 6.0 Rye, straw 20.0 Sapodilla 0.50 Sapote, black 0.50 Sapote, mamey 0.50 Sheep, fat 1.00 Sheep, meat 0.2 Sheep, meat byproducts 0.05 Sorghum, grain, forage 0.1 Sorghum, grain, grain 0.5 Sorghum, grain, stover 5.0 Soybean, seed 0.05 Soybean, vegetable, dry seed 0.05 Soybean, vegetable, edible podded 0.7 Soybean, vegetable, succulent shelled 0.1 Star apple 0.50 Stokes aster, re�ned oil 0.4 Sugarcane, cane 0.60 Sun�ower subgroup 20B 0.2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 458/1218 Sun�ower, re�ned oil 0.5 Tallowwood, re�ned oil 0.4 Tea oil plant, re�ned oil 0.4 Teff, forage 3 Teff, grain 0.3 Teff, hay 6 Teff, straw 7 Vegetable, brassica, head and stem, group 5-16 2 Vegetable, cucurbit, group 9 0.2 Vegetable, fruiting, group 8-10 0.2 Vegetable, root and tuber, group 1, except sugar beet 0.1 Velvetbean, dry seed 0.05 Velvetbean, edible podded 0.7 Velvetbean, succulent shelled 0.1 Vernonia, re�ned oil 0.4 Wheat, forage 3.0 Wheat, grain 0.2 Wheat, hay 6.0 Wheat, straw 7.0 Yam bean, African, dry seed 0.05 This tolerance expires on February 4, 2022.1 (3) Tolerances are established for residues of the insecticide, alpha-cypermethrin, (R) cyano(3-phenoxyphenyl)methyl (1S,3S)-rel-3-(2,2-dichloroethenyl)-2,2 dimethylcyclopropane carboxylate, including its metabolites and degradates, in or on Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 459/1218 Table 3 to Paragraph (a)(3) Alfalfa, hay 15 Beet, sugar, roots 0.05 Beet, sugar, tops 0.20 Brassica, head and stem, subgroup 5A 2.0 Cattle, fat 1.0 Cattle, meat 0.20 Cattle, meat byproducts 0.05 Citrus, dried pulp 1.8 Citrus, oil 4.0 Corn, �eld, grain 0.05 Corn, pop, grain 0.05 Corn, sweet, kernel plus cob with husks removed 0.05 Cotton, undelinted seed 0.50 Egg 0.05 Food commodities/feed commodities (other than those covered by a higher tolerance as a results of use on growing crops) in food/feed handling establishments 0.05 Fruit, citrus, group 10-10 0.35 Goat, fat 1.0 Goat, meat 0.20 the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only total cypermethrin, cyano(3 phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane carboxylate, in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 460/1218 Goat, meat byproducts 0.05 Hog, fat 0.10 Hog, meat 0.05 Horse, fat 1.0 Horse, meat 0.20 Horse, meat byproducts 0.05 Milk, fat, re�ecting 0.10 ppm in whole milk 2.5 Nut, tree, group 14-12 0.05 Pea and bean, dried shelled, except soybean, subgroup 6C 0.05 Pea and bean, succulent shelled, subgroup 6B 0.10 Poultry, fat 0.05 Poultry, meat 0.05 Rice, grain 1.5 Sheep, fat 1.0 Sheep, meat 0.20 Sheep, meat byproducts 0.05 Sorghum, grain, grain 0.50 Soybean, seed 0.05 Vegetable, cucurbit, group 9 0.20 Vegetable, fruiting, group 8-10 0.20 Vegetable, leafy, group 4 10 Vegetable, legume, edible podded, subgroup 6A 0.50 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 461/1218 Vegetable, root and tuber, group 1, except sugar beet 0.10 Wheat, grain 0.20 [62 FR 63235, 63243, Nov. 26, 1997, as amended at 63 FR 48586, Sept. 11, 1998; 66 FR 47993, Sept. 17, 2001; 67 FR 6430, Feb. 12, 2002; 67 FR 56495, Sept. 4, 2002; 69 FR 71717, Dec. 10, 2004; 71 FR 78382, Dec. 29, 2006; 72 FR 53462, Sept. 19, 2007; 72 FR 71801, Dec. 19, 2007; 73 FR 1525, Jan. 9, 2008; 77 FR 72984, Dec. 7, 2012; 78 FR 7275, Feb. 1, 2013; 79 FR 73213, Dec. 10, 2014; 79 FR 77394, Dec. 24, 2014; 80 FR 45438, July 30, 2015; 80 FR 72599, Nov. 20, 2015; 83 FR 25943, June 5, 2018; 86 FR 41903, Aug. 4, 2021] ยง 180.419 Chlorpyrifos-methyl; tolerances for residues. Barley, grain 6.0 Cattle, fat 0.5 Cattle, meat 0.5 Cattle, meat byproducts 0.5 Egg 0.1 Goat, fat 0.5 Goat, meat 0.5 Goat, meat byproducts 0.5 Hog, fat 0.5 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for the combined residues of the insecticide chlorpyrifos methyl [O,-O,-dimethyl O-(3,5,6-trichloro-2-pyridyl)] phosphorothioate and its metabolite (3,5,6-trichloro-2-pyridinol) in or on the following food commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/62-FR-63235 https://www.federalregister.gov/citation/62-FR-63243 https://www.federalregister.gov/citation/63-FR-48586 https://www.federalregister.gov/citation/66-FR-47993 https://www.federalregister.gov/citation/67-FR-6430 https://www.federalregister.gov/citation/67-FR-56495 https://www.federalregister.gov/citation/69-FR-71717 https://www.federalregister.gov/citation/71-FR-78382 https://www.federalregister.gov/citation/72-FR-53462 https://www.federalregister.gov/citation/72-FR-71801 https://www.federalregister.gov/citation/73-FR-1525 https://www.federalregister.gov/citation/77-FR-72984 https://www.federalregister.gov/citation/78-FR-7275 https://www.federalregister.gov/citation/79-FR-73213 https://www.federalregister.gov/citation/79-FR-77394 https://www.federalregister.gov/citation/80-FR-45438 https://www.federalregister.gov/citation/80-FR-72599 https://www.federalregister.gov/citation/83-FR-25943 https://www.federalregister.gov/citation/86-FR-41903 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 462/1218 Hog, meat 0.5 Hog, meat byproducts 0.5 Horse, fat 0.5 Horse, meat 0.5 Horse, meat byproducts 0.5 Milk, fat (0.05 ppm (N) in whole milk 1.25 Oat, grain 6.0 Poultry, fat 0.5 Poultry, meat .5 Poultry, meat byproducts .5 Rice, grain 6.0 Sheep, fat 0.5 Sheep, meat 0.5 Sheep, meat byproducts 0.5 Sorghum, grain 6.0 Wheat, grain 6.0 Barley, bran 90 Barley, pearled barley 90 Rice, bran 30 Rice, hulls 30 (2) Tolerances are established for the combined residues of the insecticide chlorpyrifos methyl (O,-O- dimethyl-O-(3,5,6-trichloro-2-pyridyl) phosphorothioate and its metabolite (3,5,6-trichloro-2-pyridinol) in or on the following food commodities when present therein as a result of application to stored grains: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 463/1218 Rice, polished rice 30 Sorghum, grain, bran 90 Wheat, bran 30 Wheat, germ 30 Wheat, middlings 30 Wheat, shorts 30 [65 FR 33715, May 24, 2000, as amended at 74 FR 46374, Sept. 9, 2009] § 180.420 Fluridone; tolerances for residues. Cray�sh 0.5 Fish 0.5 Avocado 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide �uridone, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of �uridone, 1-methyl-3-phenyl-5-(3 (tri�uoromethyl)phenyl)-4(1H)-pyridinone, and its bound residues, calculated as the stoichiometric equivalent of �uridone, in or on the commodity. (2) Tolerances are established for residues of the herbicide �uridone, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only �uridone, 1-methyl-3-phenyl-5-(3-(tri�uoromethyl)phenyl)-4(1H) pyridinone, in or on the commodity. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33715 https://www.federalregister.gov/citation/74-FR-46374 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 464/1218 Cattle, fat 0.05 Cattle, kidney 0.1 Cattle, liver 0.1 Cattle, meat 0.05 Cattle, meat byproducts 0.05 Cotton, gin byproducts 0.1 Cotton, undelinted seed 0.1 Egg 0.05 Fruit, stone, group 12-12 0.1 Goat, fat 0.05 Goat, kidney 0.1 Goat, liver 0.1 Goat, meat 0.05 Goat, meat byproducts 0.05 Hog, fat 0.05 Hog, kidney 0.1 Hog, liver 0.1 Hog, meat 0.05 Hog, meat byproducts 0.05 Horse, fat 0.05 Horse, kidney 0.1 Horse, liver 0.1 Horse, meat 0.05 Horse, meat byproducts 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 465/1218 Milk 0.05 Pistachio 0.1 Pomegranate 0.1 Poultry, fat 0.05 Poultry, kidney 0.01 Poultry, liver 0.01 Poultry, meat 0.05 Poultry, meat byproducts 0.05 Sheep, fat 0.05 Sheep, kidney 0.1 Sheep, liver 0.1 Sheep, meat 0.05 Sheep, meat byproducts 0.05 Tangerine 0.1 Animal feed, nongrass, group 18 0.15 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of the herbicide �uridone, including its metabolites and degradates, in or on the irrigated crop commodities and crop groupings in the table in this paragraph, resulting from use of irrigation water containing residues of 0.15 parts per million following applications of �uridone on or around aquatic sites. Where tolerances are established at higher levels from other uses of �uridone on the crops in the table in this paragraph, the higher tolerance also applies to residues in or on the irrigated commodity. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only �uridone, 1-methyl-3-phenyl-5-(3-(tri�uoromethyl)phenyl)-4(1H)-pyridinone, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 466/1218 Berry, group 13 0.1 Cranberry 0.1 Fruit, citrus, group 10 0.1 Fruit, pome, group 11 0.1 Grain, cereal, forage, fodder and straw, group 16 0.1 Grain, cereal, group 15 0.1 Grape 0.1 Grass, forage 0.15 Hop, dried cones 0.1 Nut, tree, group 14 0.1 Okra 0.1 Strawberry 0.1 Vegetable, brassica, leafy, group 5 0.1 Vegetable, cucurbit, group 9 0.1 Vegetable, fruiting, group 8 0.1 Vegetable, leafy, except brassica, group 4 0.1 Vegetable, leaves of root and tuber, group 2 0.1 Vegetable, legume, group 6 0.1 Vegetable, root and tuber, group 1 0.1 [76 FR 23495, Apr. 27, 2011, as amended at 77 FR 66720, Nov. 7, 2012; 80 FR 18143, Apr. 3, 2015; 81 FR 7987, Feb. 17, 2016; 81 FR 72539, Oct. 20, 2016; 85 FR 29637, May 18, 2020] § 180.421 Fenarimol; tolerances for residues. (a) General. Tolerances are established for residues of fenarimol, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only fenarimol alpha-(2 chlorophenyl)-alpha-(4-chlorophenyl)-5-pyrimidinemethanol. Commodity Parts per million https://www.federalregister.gov/citation/76-FR-23495 https://www.federalregister.gov/citation/77-FR-66720 https://www.federalregister.gov/citation/80-FR-18143 https://www.federalregister.gov/citation/81-FR-7987 https://www.federalregister.gov/citation/81-FR-72539 https://www.federalregister.gov/citation/85-FR-29637 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 467/1218 Apple 0.3 7/31/16 Apple, wet pomace 0.3 7/31/16 Banana 0.25 None Cattle, fat 0.01 7/31/16 Cattle, kidney 0.01 7/31/16 Cattle, meat 0.01 7/31/16 Cattle, meat byproducts, except kidney 0.05 7/31/16 Cherry, sweet 1.0 7/31/16 Cherry, tart 1.0 7/31/16 Goat, fat 0.01 7/31/16 Goat, kidney 0.01 7/31/16 Goat, meat 0.01 7/31/16 Goat, meat byproducts, except kidney 0.05 7/31/16 Grape 0.1 7/31/16 Hazelnut 0.02 7/31/16 Hop, dried cones 5.0 7/31/16 Horse, fat 0.01 7/31/16 Horse, kidney 0.01 7/31/16 Horse, meat 0.01 7/31/16 Horse, meat byproducts, except kidney 0.05 7/31/16 Pear 0.1 7/31/16 Pecan 0.02 7/31/16 1 Commodity Parts per million Expiration/ revocation date 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 468/1218 Sheep, fat 0.01 7/31/16 Sheep, kidney 0.01 7/31/16 Sheep, meat 0.01 7/31/16 Sheep, meat byproducts, except kidney 0.05 7/31/16 Vegetable, cucurbit, group 9 0.20 None There are no U.S. registrations for bananas as of April 26, 1995. There are no U.S. registrations for cucurbit vegetable group 9 as of August 27, 2010. [51 FR 39662, Oct. 30, 1986, as amended at 53 FR 27349, July 20, 1988; 53 FR 44403, Nov. 3, 1988; 54 FR 45734, Oct. 31, 1989; 60 FR 33354, June 28, 1995; 62 FR 49937, Sept. 24, 1997; 62 FR 61447, Nov. 18, 1997; 67 FR 35048, May 17, 2002; 67 FR 41807, June 19, 2002; 69 FR 6567, Feb. 11, 2004; 71 FR 32846, June 7, 2006; 71 FR 54434, Sept. 15, 2006; 74 FR 68173, Dec. 23, 2009; 75 FR 56897, Sept. 17, 2010; 81 FR 34905, June 1, 2016] § 180.425 Clomazone; tolerances for residues. Bean, asparagus, dry seed 0.05 Bean, broad, dry seed 0.05 Bean, broad, succulent seed 0.05 Bean, kidney, dry seed 0.05 Bean, lima, dry seed 0.05 2 1 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide clomazone, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only clomazone, 2-[(2-chlorophenyl)methyl]-4,4-dimethyl-3-isoxazolidinone, in or on the commodity. Commodity Parts per million Expiration/ revocation date Commodity Parts per million https://www.federalregister.gov/citation/51-FR-39662 https://www.federalregister.gov/citation/53-FR-27349 https://www.federalregister.gov/citation/53-FR-44403 https://www.federalregister.gov/citation/54-FR-45734 https://www.federalregister.gov/citation/60-FR-33354 https://www.federalregister.gov/citation/62-FR-49937 https://www.federalregister.gov/citation/62-FR-61447 https://www.federalregister.gov/citation/67-FR-35048 https://www.federalregister.gov/citation/67-FR-41807 https://www.federalregister.gov/citation/69-FR-6567 https://www.federalregister.gov/citation/71-FR-32846 https://www.federalregister.gov/citation/71-FR-54434 https://www.federalregister.gov/citation/74-FR-68173 https://www.federalregister.gov/citation/75-FR-56897 https://www.federalregister.gov/citation/81-FR-34905 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 469/1218 Bean, lima, succulent seed 0.05 Bean, mung, dry seed 0.05 Bean, navy, dry seed 0.05 Bean, pinto, dry seed 0.05 Bean, snap, succulent 0.05 Bean, wax, succulent seed 0.05 Broccoli, Chinese 0.10 Chickpea, dry seed 0.05 Cilantro, dried leaves 0.30 Cilantro, fresh leaves 0.05 Coriander, seed 0.05 Cottonseed subgroup 20C 0.05 Cowpea, forage 0.05 Cowpea, hay 0.05 Cucumber * 0.1 Dill, dried leaves 0.40 Dill, fresh leaves 0.08 Dill, oil 0.07 Dill, seed 0.05 Grain lupin, dry seed 0.05 Kohlrabi 0.10 Pea, southern, dry seed 0.05 Pea, southern, succulent seed 0.05 Pea, succulent 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 470/1218 Pepper 0.05 Peppermint, tops 0.05 Pumpkin * 0.1 Rapeseed subgroup 20A 0.05 Rhubarb 0.30 Rice, grain 0.02 Soybean 0.05 Soybean, vegetable, succulent 0.05 Spearmint, tops 0.05 Squash, summer * 0.1 Squash, winter * 0.1 Stalk and stem vegetable subgroup 22A, except kohlrabi 0.05 Sugarcane, cane 0.05 Sweet lupin, dry seed 0.05 Vegetable, Brassica, head and stem, group 5-16 0.10 Vegetable, cucurbit, group 9 0.05 Vegetable, tuberous and corm, except potato, subgroup 1D 0.05 White lupin, dry seed 0.05 White sweet lupin, dry seed 0.05 * This tolerance expires on June 5, 2019. [51 FR 9446, Mar. 19, 1986] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/51-FR-9446 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 471/1218 § 180.426 2-[4,5-Dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-3 quinoline carboxylic acid; tolerance for residues. A tolerance is established for residues of the herbicide 2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5 oxo-1H-imidazol-2-yl]-3-quinoline carboxylic acid, in or on the raw agricultural commodity soybean at 0.05 part per million. [51 FR 13309, Apr. 2, 1986] § 180.427 Tau-Fluvalinate; tolerances for residues. Grape, wine 1.0 Honey 0.02 There is no U.S. registration for use of tau-�uvalinate on wine grapes. [65 FR 33701, May 24, 2000, as amended at 67 FR 49617, July 31, 2002; 73 FR 52616, Sept. 10, 2008; 81 FR 87462, Dec. 5, 2016] § 180.428 Metsulfuron methyl; tolerances for residues. (a) General. Tolerances are established for residues of the insecticide tau-�uvalinate, including its metabolites and degradates, in or on commodities in the table below. Compliance with the speci�ed tolerance level is to be determined by measuring only tau �uvalinate, (cyano-(3-phenoxyphenyl)methylN-[2-chloro-4-(tri�uoromethyl)phenyl]-D valinate), in or on the commodity. 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect and inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for the combined residues of the herbicide metsulfuron methyl (methyl 2-[[[[(4-methoxy-6-methyl-1,3,5- triazin- 2-yl)amino]carbonyl]amino] sulfonyl] benzoate) and its metabolite methyl 2-[[[[(4-methoxy-6-methyl-1-,3,5- triazin 2-yl)amino]carbonyl]amino] sulfonyl]-4-hydroxybenzoate in or on the following raw material agricultural commodities: Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.425, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/51-FR-13309 https://www.federalregister.gov/citation/65-FR-33701 https://www.federalregister.gov/citation/67-FR-49617 https://www.federalregister.gov/citation/73-FR-52616 https://www.federalregister.gov/citation/81-FR-87462 https://www.ecfr.gov/current/title-40/section-180.425 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 472/1218 Barley, grain 0.1 Barley, hay 20.0 Barley, straw 0.3 Grass, forage 15.0 Grass, hay 15.0 Grass, straw 15.0 Sorghum, grain, forage 0.2 Sorghum, grain, grain 0.1 Sorghum, grain, stover 0.2 Sugarcane, cane 0.05 Wheat, forage 5.0 Wheat, grain 0.1 Wheat, hay 20.0 Wheat, straw 0.3 Cattle, fat 0.1 Cattle, kidney 0.5 Cattle, meat 0.1 Cattle, meat byproducts 0.1 Goat, fat 0.1 Goat, kidney 0.5 (2) Tolerances are established for residues of metsulfuron methyl (methyl-2[[[[(4 methoxy- 6-methyl-1,3,5-triazin-2- yl)amino]carbonyl]amino] sulfonyl] benzoate) in or on the following raw agricultural commodities: CommodityCommodity Parts per millionParts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 473/1218 Goat, meat 0.1 Goat, meat byproducts 0.1 Hog, fat 0.1 Hog, kidney 0.5 Hog, meat 0.1 Hog, meat byproducts 0.1 Horse, fat 0.1 Horse, kidney 0.5 Horse, meat 0.1 Horse, meat byproducts 0.1 Milk 0.05 Sheep, fat 0.1 Sheep, kidney 0.5 Sheep, meat 0.1 Sheep, meat byproducts 0.1 [64 FR 70191, Dec. 16, 1999, as amended at 66 FR 64773, Dec. 14, 2001; 67 FR 51097, Aug. 7, 2002] § 180.429 Chlorimuron ethyl; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide chlorimuron ethyl, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only chlorimuron ethyl, ethyl 2-[[[[(4-chloro-6-methoxypyrimidin 2yl)amino]carbonyl]sulfonyl]benzoate] in or on the following commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/64-FR-70191 https://www.federalregister.gov/citation/66-FR-64773 https://www.federalregister.gov/citation/67-FR-51097 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 474/1218 Berry, low growing, except strawberry, subgroup 13-07H 0.02 Corn, �eld, forage 0.5 Corn, �eld, grain 0.01 Corn, �eld, stover 2.0 Grain, aspirated fractions 3.0 Peanut 0.02 Soybean, forage 0.45 Soybean, hay 1.8 Soybean, seed 0.05 [74 FR 10494, Mar. 11, 2009, as amended at 74 FR 67087, Dec. 18, 2009] § 180.430 Fenoxaprop-ethyl; tolerances for residues. Barley, grain 0.05 Barley, straw 0.1 Cattle, fat 0.05 Cattle, meat byproducts 0.05 Cattle, meat 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide fenoxaprop-ethyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of fenoxaprop-ethyl, (±)-ethyl 2-[4-[(6-chloro-2 benzoxazolyl)oxy]phenoxy]propanoate, and its metabolites, 2-[4-[(6-chloro-2 benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-dihydrobenzoxazol-2-one, calculated as the stoichiometric equivalent of fenoxaprop-ethyl, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/74-FR-10494 https://www.federalregister.gov/citation/74-FR-67087 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 475/1218 Cotton, undelinted seed 0.05 Goat, fat 0.05 Goat, meat byproducts 0.05 Goat, meat 0.05 Hog, fat 0.05 Hog, meat byproducts 0.05 Hog, meat 0.05 Horse, fat 0.05 Horse, meat byproducts 0.05 Horse, meat 0.05 Milk 0.02 Peanut 0.05 Peanut, hulls 0.05 Rice, grain 0.05 Sheep, fat 0.05 Sheep, meat byproducts 0.05 Sheep, meat 0.05 Soybean 0.05 Wheat, grain 0.05 Wheat, straw 0.50 (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of the herbicide fenoxaprop-ethyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph in connection with use of fenoxaprop-ethyl under section 18 emergency exemptions granted by EPA. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of fenoxaprop-ethyl, (±)-ethyl 2-[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoate, and its metabolites, 2-[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 476/1218 Grass, forage 0.05 12/31/16 Grass, hay 0.05 12/31/16 Grass, hay 0.09 [63 FR 1377, Jan. 9, 1998, as amended at 63 FR 19837, Apr. 22, 1998; 73 FR 33718, June 13, 2008; 75 FR 80346, Dec. 22, 2010; 76 FR 23495, Apr. 27, 2011; 78 FR 78748, Dec. 27, 2013; 79 FR 26164, May 7, 2014] § 180.431 Clopyralid; tolerances for residues. Table 1 to Paragraph (a) Barley, bran 12 Barley, grain 3.0 dihydrobenzoxazol-2-one, calculated as the stoichiometric equivalent of fenoxaprop-ethyl, in or on the commodity. The tolerances expire and are revoked on the dates speci�ed in the table in this paragraph. (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the herbicide fenoxaprop-ethyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph when fenoxaprop-ethyl is used in the states of Oregon, Washington, and Utah. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of fenoxaprop-ethyl, (±)-ethyl 2-[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoate, and its metabolites, 2-[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6 chloro-2,3-dihydrobenzoxazol-2-one, calculated as the stoichiometric equivalent of fenoxaprop-ethyl, in or on the commodity (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide clopyralid, including its metabolites and degradates, in or on the commodities in the table below from its application in the acid form or in the form of its salts. Compliance with the tolerance levels speci�ed below is to be determined by measuring only clopyralid, (3,6-dichloro-2 pyridinecarboxylic acid), in or on the following commodities: Commodity Parts per million Expiration/ revocation date Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/63-FR-1377 https://www.federalregister.gov/citation/63-FR-19837 https://www.federalregister.gov/citation/73-FR-33718 https://www.federalregister.gov/citation/75-FR-80346 https://www.federalregister.gov/citation/76-FR-23495 https://www.federalregister.gov/citation/78-FR-78748 https://www.federalregister.gov/citation/79-FR-26164 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 477/1218 Barley, hay 9.0 Barley, pearled barley 12 Barley, straw 9.0 Beet, garden, roots 4.0 Beet, sugar, molasses 10 Beet, sugar, roots 2.0 Berry, low growing, subgroup 13-07G 4.0 Brassica, leafy greens, subgroup 4-16B 5.0 Broccoli, Chinese 2.0 Bushberry subgroup 13-07B 0.50 Caneberry subgroup 13-07A 0.1 Canola, meal 6.0 Cattle, fat 1.0 Cattle, liver 3.0 Cattle, meat 1.0 Cattle, meat byproducts, except liver 36.0 Corn, �eld, forage 3.0 Corn, �eld, grain 1.0 Corn, �eld, milled byproducts 1.5 Corn, �eld, stover 10.0 Corn, pop, grain 1.0 Corn, pop, stover 10.0 Corn, sweet, forage 7.0 Corn, sweet, kernel plus cob with husks removed 1.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 478/1218 Corn, sweet, stover 10.0 Egg 0.1 Flax, meal 6.0 Fruit, pome, group 11-10 0.05 Fruit, stone, group 12-12 0.50 Goat, fat 1.0 Goat, liver 3.0 Goat, meat 1.0 Goat, meat byproducts, except liver 36.0 Grass, forage 500.0 Grass, hay 500.0 Hog, fat 0.2 Hog, meat 0.2 Hog, meat byproducts 0.2 Hop, dried cones 5.0 Horse, fat 1.0 Horse, liver 3.0 Horse, meat 1.0 Horse, meat byproducts, except liver 36.0 Kohlrabi 2.0 Milk 0.2 Oat, forage 9.0 Oat, grain 3.0 Oat, groats/rolled oats 12 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 479/1218 Oat, straw 9.0 Onion, bulb, subgroup 3-07A 0.4 Peppermint, tops 3.0 Plum, prune, dried 1.5 Poultry, fat 0.2 Poultry, meat 0.2 Poultry, meat byproducts 0.2 Radish, roots 0.30 Rapeseed, forage 3.0 Rapeseed, meal 6.0 Rapeseed, subgroup 20A, except gold of pleasure 3.0 Sheep, fat 1.0 Sheep, liver 3.0 Sheep, meat 1.0 Sheep, meat byproducts, except liver 36.0 Spearmint, tops 3.0 Spinach 5.0 Stalk and stem vegetable subgroup 22A 1.0 Swiss chard 3.0 Teff, forage 9.0 Teff, grain 3.0 Teff, hay 9.0 Teff, straw 9.0 Turnip, roots 1.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 480/1218 Vegetable, Brassica, head and stem, group 5-16 2.0 Vegetable, leaves of root and tuber, group 2 5.0 Wheat, bran 12 Wheat, forage 9.0 Wheat, germ 12 Wheat, grain 3.0 Wheat, middling 12 Wheat, shorts 12 Wheat, straw 9.0 Wheatgrass, intermediate, bran 12 Wheatgrass, intermediate, forage 9 Wheatgrass, intermediate, germ 12 Wheatgrass, intermediate, grain 3 Wheatgrass, intermediate, middling 12 Wheatgrass, intermediate, shorts 12 Wheatgrass, intermediate, straw 9 [52 FR 10566, Apr. 2, 1987] ยง 180.432 Lactofen; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million For FEDERAL REGISTER citations affecting ยง 180.431, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/52-FR-10566 https://www.ecfr.gov/current/title-40/section-180.431 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 481/1218 Beans, snap, succulent, except lima bean 0.01 Cotton, gin byproducts 0.02 Cotton, undelinted seed 0.01 Peanut 0.01 Soybean, seed 0.01 Okra 0.02 Vegetables, fruiting, group 08 0.02 [69 FR 57216, Sept. 24, 2004, as amended at 72 FR 33906, June 20, 2007; 76 FR 23496, Apr. 27, 2011] § 180.433 Fomesafen; tolerances for residues. Berry, low growing, subgroup 13-07G, except cranberry 0.02 (a) General. Tolerances are established for residues of the herbicide lactofen, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only lactofen, 2-ethoxy-1-methyl-2-oxoethyl 5-[2-chloro-4 (tri�uoromethyl)phenoxy]-2-nitrobenzoate, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the herbicide lactofen, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only lactofen, 2-ethoxy-1-methyl-2-oxoethyl 5-[2-chloro-4-(tri�uoromethyl)phenoxy]-2 nitrobenzoate, in or on the commodity. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide fomesafen, including its metabolites and degradates, in or on the following commodities. Compliance with the tolerance levels speci�ed in the following table below is to be determined by measuring only fomesafen, 5-[2-chloro-4-(tri�uoromethyl)phenoxy]-N-(methylsulfonyl)-2 nitrobenzamide, in or on the commodity. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/69-FR-57216 https://www.federalregister.gov/citation/72-FR-33906 https://www.federalregister.gov/citation/76-FR-23496 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 482/1218 Cantaloupe 0.025 Cotton, gin byproducts 0.025 Cotton, undelinted seed 0.025 Cucumber 0.025 Pepper, bell 0.025 Pepper, non-bell 0.025 Pumpkin 0.025 Squash, summer 0.025 Squash, winter 0.025 Tomato 0.025 Vegetable, legume, group 6 0.05 Vegetable, tuberous and corm, subgroup 1C 0.025 Watermelon 0.025 [71 FR 25951, May 3, 2006, as amended at 72 FR 52020, Sept. 12, 2007; 76 FR 12882, Mar. 9, 2011; 78 FR 65570, Nov. 1, 2013; 80 FR 9391, Feb. 23, 2015; 83 FR 5316, Feb. 7, 2018] § 180.434 Propiconazole; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of propiconazole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only those propiconazole residues convertible to 2,4-dichlorobenzoic acid (2,4-DCBA), expressed as the stoichiometric equivalent of propiconazole, in or on the commodity in the table below: Commodity Parts per million https://www.federalregister.gov/citation/71-FR-25951 https://www.federalregister.gov/citation/72-FR-52020 https://www.federalregister.gov/citation/76-FR-12882 https://www.federalregister.gov/citation/78-FR-65570 https://www.federalregister.gov/citation/80-FR-9391 https://www.federalregister.gov/citation/83-FR-5316 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 483/1218 Almond, hulls 7.0 Avocado 0.2 Banana 0.2 Barley, bran 6.0 Barley, grain 3.0 Barley, hay 30 Barley, straw 20 Bean, dry seed 0.40 Bean, snap 0.70 Bean, succulent shelled 0.10 Beet, garden, tops 5.5 Beet, sugar, dried pulp 1.0 Beet, sugar, molasses 1.5 Beet, sugar, roots 0.3 Beet, sugar, tops 10 Brassica, leafy greens, subgroup 4-16B, except watercress 20 Bushberry, subgroup 13-07B 1.0 Caneberry, subgroup 13-07A 1.0 Cattle, fat 0.05 Cattle, kidney 2.0 Cattle, liver 2.0 Cattle, meat 0.05 CommodityCommodity Parts per million Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 484/1218 Cattle, meat byproducts, except liver and kidney 0.05 Celtuce 5 Cilantro, leaves 13 Citrus, oil 1000 Corn, �eld, forage 12 Corn, �eld, grain 0.2 Corn, �eld, stover 30 Corn, pop, grain 0.2 Corn, pop, stover 30 Corn, sweet, forage 6.0 Corn, sweet, kernel plus cob with husks removed 0.1 Corn, sweet, stover 30 Dill, seed 15 Dillweed, dried leaves 80 Dillweed, fresh leaves 30 Fennel, Florence, fresh leaves and stalk 5 Fruit, citrus, group 10-10 8.0 Fruit, stone, group 12-12, except plum 4.0 Goat, fat 0.05 Goat, kidney 2.0 Goat, liver 2.0 Goat, meat 0.05 Goat, meat byproducts, except liver and kidney 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 485/1218 Grain, aspirated fractions 110 Grass, forage 0.5 Grass, hay 0.5 Grass, straw 40 Hog, kidney 0.2 Hog, liver 0.2 Horse, fat 0.05 Horse, kidney 2.0 Horse, liver 2.0 Horse, meat 0.05 Horse, meat byproducts, except liver and kidney 0.05 Leaf petiole vegetable subgroup 22B 5 Low growing berry subgroup 13-07G, except cranberry 1.3 Milk 0.05 Mushroom 0.1 Nut, tree, group 14-12 0.10 Oat, forage 4.0 Oat, grain 3.0 Oat, hay 15 Oat, straw 10 Onion, bulb subgroup 3-07A 0.2 Onion, green, subgroup 3-07B 9.0 Parsley, fresh leaves 13 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 486/1218 Parsley, dried leaves 35 Peanut 0.2 Peanut, hay 20 Peppermint, tops 10.0 Pineapple 4.5 Pineapple, process residue 7.0 Plum 0.60 Rapeseed subgroup 20A 0.30 Quinoa, grain 3.0 Radish, tops 0.20 Rice, bran 15 Rice, grain 7.0 Rice, hulls 20 Rye, bran 0.6 Rye, forage 9.0 Rye, grain 0.3 Rye, straw 10 Sheep, fat 0.05 Sheep, kidney 2.0 Sheep, liver 2.0 Sheep, meat 0.05 Sheep, meat byproducts, except liver and kidney 0.05 Sorghum, grain, forage 12 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 487/1218 Sorghum, grain, grain 3.5 Sorghum, grain, stover 15 Soybean, forage 11 Soybean, hay 30 Soybean, seed 2.0 Spearmint, tops 10.0 Sugarcane, cane 0.4 Swiss chard 5 Ti palm, leaves 10 Ti palm, roots 0.30 Tomato 3.0 Vegetable, foliage of legume, group 7 30 Vegetable, root, except sugar beet, subgroup 1B 0.3 Watercress 6.0 Wheat, bran 0.6 Wheat, forage 15 Wheat, grain 0.3 Wheat, hay 30 Wheat, straw 20 (2) Tolerances are established for propiconazole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only propiconazole, 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4 triazole, in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 488/1218 Tea 4.0 There are no United States registrations for use of propiconazole on tea as of December 24, 2015. Nectarine 2.0 12/31/13 Peach 2.0 12/31/13 Cranberry 1.0 Rice, wild, grain 0.5 Alfalfa, forage 0.1 Alfalfa, hay 0.1 1 1 (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of propiconazole (1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H-1,2,4 triazole) and its metabolites determined as 2,4-dichlorobenzoic acid and expressed as parent compound, in connection with use of the pesticide under section 18 emergency exemptions granted by EPA. The tolerances will expire and are revoked on the dates speci�ed in the following table: (c) Tolerances with regional registrations. A tolerance with regional registration, as de�ned in § 180.1(l), is established for residues of 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2 yl]methyl]-1H-1,2,4-triazole and its metabolites determined as 2,4-dichlorobenzoic acid and expressed as parent compound, in or on the following commodities: (d) Indirect or inadvertent residues. Tolerances are established for the combined residues of the fungicide 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H-1,2,4-triazole and its metabolites determined as 2,4-dichlorobenzoic acid and expressed as parent compound in or on the following commodities when present therein as a result of application of propiconazole to growing crops in paragraphs (a) and (c) of this section: CommodityCommodity Parts per million Parts per million Commodity Parts per million Expiration/revocation date Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) https://www.ecfr.gov/current/title-40/section-180.434#p-180.434(a) https://www.ecfr.gov/current/title-40/section-180.434#p-180.434(c) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 489/1218 [71 FR 55306, Sept. 22, 2006, as amended at 72 FR 20439, Apr. 25, 2007; 74 FR 12613, Mar. 25, 2009; 75 FR 80346, Dec. 22, 2010; 76 FR 27268, May 11, 2011; 77 FR 38204, June 27, 2012; 77 FR 75044, Dec. 19, 2012; 78 FR 23503, Apr. 19, 2013; 78 FR 78748, Dec. 27, 2013; 79 FR 18467, Apr. 2, 2014; 80 FR 72599, Nov. 20, 2015; 80 FR 79718, Dec. 23, 2015; 80 FR 80275, Dec. 24, 2015; 82 FR 1210, Jan. 5, 2017; 84 FR 39774, Aug. 12, 2019] § 180.435 Deltamethrin; tolerances for residues. Almond, hulls 2.5 Apple, wet pomace 1.0 Artichoke, globe 0.5 Barley, bran 5.0 Cattle, fat 0.05 Cattle, meat 0.02 Cattle, meat byproducts 0.05 Citrus, dried pulp * 3.0 Citrus, oil * 50 Corn, �eld, forage 0.7 Corn, �eld, re�ned oil 2.5 Corn, �eld, stover 5.0 Corn, pop, stover 5.0 Corn, sweet, forage 10 (a) General. (1) Tolerances are established for residues of deltamethrin, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed is to be determined by measuring only deltamethrin, (1R,3R)-3-(2,2-dibromovinyl)-2,2-dimethylcyclopropanecarboxylic acid (S)-alpha-cyano-3-phenoxybenzyl ester, and its major metabolites, trans deltamethrin, (S)-alpha-cyano-m-phenoxybenzyl(1R,3S)-3-(2,2-dibromovinyl)-2,2 dimethylcyclopropanecarboxylate, and alpha-R-deltamethrin, (R)-alpha-cyano-m phenoxybenzyl-(1R,3R)-3-(2,2-dibromovinyl)-2,2-dimethylcyclopropanecarboxylate, in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/71-FR-55306 https://www.federalregister.gov/citation/72-FR-20439 https://www.federalregister.gov/citation/74-FR-12613 https://www.federalregister.gov/citation/75-FR-80346 https://www.federalregister.gov/citation/76-FR-27268 https://www.federalregister.gov/citation/77-FR-38204 https://www.federalregister.gov/citation/77-FR-75044 https://www.federalregister.gov/citation/78-FR-23503 https://www.federalregister.gov/citation/78-FR-78748 https://www.federalregister.gov/citation/79-FR-18467 https://www.federalregister.gov/citation/80-FR-72599 https://www.federalregister.gov/citation/80-FR-79718 https://www.federalregister.gov/citation/80-FR-80275 https://www.federalregister.gov/citation/82-FR-1210 https://www.federalregister.gov/citation/84-FR-39774 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 490/1218 Corn, sweet, kernel plus cob with husks removed 0.03 Corn, sweet, stover 15 Cotton, re�ned oil 0.2 Cotton, undelinted seed 0.04 Egg 0.02 Fish - freshwater �n�sh 0.01 Fish - freshwater �n�sh, farm raised 0.01 Fish - saltwater �n�sh, other 0.01 Fish - saltwater �n�sh, tuna 0.01 Fruit, pome, Group 11 0.2 Goat, fat 0.05 Goat, meat 0.02 Goat, meat byproducts 0.05 Grain, aspirated fractions 65 Grain, cereal, Group 15, except sweet corn 1.0 Hog, fat 0.05 Horse, fat 0.05 Horse, meat 0.02 Horse, meat byproducts 0.05 Lychee* 0.2 Milk, fat (re�ecting 0.02 ppm in whole milk) 0.1 Nut, tree, Group 14 0.1 Onion, bulb 0.1 Onion, green 1.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 491/1218 Orange * 0.30 Poultry, fat 0.05 Poultry, meat 0.02 Poultry, meat byproducts 0.02 Radish, tops 4.0 Rapeseed 0.2 Rice, hulls 2.5 Rye, bran 5.0 Sheep, fat 0.05 Sheep, meat 0.02 Sheep, meat byproducts 0.05 Sorghum, grain, forage 0.5 Sorghum, grain, stover 1.0 Soybean, seed 0.1 Soybean, hulls 0.2 Starfruit* 0.2 Sun�ower, seed 0.1 Tomato 0.2 Tomato, paste 1.0 Tomato, puree 1.0 Vegetable, cucurbit, Group 9 0.2 Vegetable, fruiting, Group 8 0.3 Vegetable, root, except sugar beet, Subgroup IB 0.2 Vegetable, tuberous and corm, Subgroup IC 0.04 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 492/1218 Wheat, bran 5.0 * There are no U.S. registrations for use of deltamethrin on starfruit and lychee. * There are no U.S. registrations. [62 FR 63001, Nov. 26, 1997, as amended at 63 FR 45414, Aug. 26, 1998; 69 FR 62614, Oct. 27, 2004; 74 FR 46375, Sept. 9, 2009; 76 FR 34885, June 15, 2011; 79 FR 66301, Nov. 7, 2014; 80 FR 16302, Mar. 27, 2015; 82 FR 18580, Apr. 20, 2017] § 180.436 Cy�uthrin and the isomer beta-cy�uthrin; tolerances for residues. Alfalfa 5.0 Alfalfa, forage 5.0 Alfalfa, hay 13 Almond, hulls 0.5 (2) A tolerance of 0.05 ppm is established for residues of the insecticide deltamethrin, including its metabolites and degradates, in or on all food/feed items (other than those covered by a higher tolerance as a result of use on growing crops) when deltamethrin is used in food/feed handling establishments or as a wide-area mosquito adulticide. Compliance with the tolerance levels speci�ed is to be determined by measuring only deltamethrin, (1R,3R)-3-(2,2-dibromovinyl)-2,2 dimethylcyclopropanecarboxylic acid (S)-alpha-cyano-3-phenoxybenzyl ester, and its major metabolites, trans-deltamethrin, (S)-alpha-cyano-m-phenoxybenzyl(1R,3S)-3 (2,2-dibromovinyl)-2,2-dimethylcyclopropanecarboxylate, and alpha-R-deltamethrin, (R)-alpha-cyano-m-phenoxybenzyl-(1R,3R)-3-(2,2-dibromovinyl)-2,2 dimethylcyclopropanecarboxylate, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide cy�uthrin (cyano(4-�uoro 3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2dimethyl-cyclopropane carboxylate; CAS No. 68359-37-5) in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/62-FR-63001 https://www.federalregister.gov/citation/63-FR-45414 https://www.federalregister.gov/citation/69-FR-62614 https://www.federalregister.gov/citation/74-FR-46375 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/79-FR-66301 https://www.federalregister.gov/citation/80-FR-16302 https://www.federalregister.gov/citation/82-FR-18580 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 493/1218 Barley, bran 0.5 Barley, grain 0.15 Beet, sugar, dried pulp 1.0 Beet, sugar, roots 0.10 Brassica, head and stem, subgroup 5A 2.5 Brassica, leafy greens, subgroup 5B 7.0 Buckwheat, grain 0.15 Carrot, roots 0.20 Cattle, fat 2.0 Cattle, meat 0.10 Cattle, meat byproducts 0.10 Citrus, dried pulp 0.3 Citrus, oil 0.3 Corn, �eld, grain 0.05 Corn, pop, grain 0.05 Corn, sweet, kernel plus cob with husks removed 0.05 Cotton, hulls 2.0 Cotton, re�ned oil 2.0 Cotton, undelinted seed 1.0 Egg 0.01 Fruit, citrus, group 10 0.2 Fruit, pome, group 11 0.5 Fruit, stone, group 12 0.3 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 494/1218 Goat, fat 2.0 Goat, meat 0.05 Goat, meat byproducts 0.05 Grain, aspirated fractions 150 Grain, cereal, forage, fodder and hay, group 16, forage, except rice 25 Grain, cereal, forage, fodder and hay, group 16, hay, except rice 6.0 Grain, cereal, forage, fodder and hay, group 16, stover, except rice 30 Grain, cereal, forage, fodder and hay, group 16, straw, except rice 7.0 Grape 1.0 Grape, raisin 3.5 Grass, forage, fodder and hay, group 17, forage 12 Grass, forage, fodder and hay, group 17, hay 50 Hog, fat 0.5 Hog, meat 0.01 Hog, meat byproducts 0.01 Hop, dried cones 20.0 Hop, vines 4.0 Horse, fat 2.0 Horse, meat 0.05 Horse, meat byproducts 0.05 Lettuce, head 2.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 495/1218 Lettuce, leaf 3.0 Milk 0.2 Milk, fat 5.0 Millet, grain 0.15 Mustard greens 7.0 Nut, tree, group 14 0.01 Oat, bran 0.5 Oat, grain 0.15 Pea and bean, dried shelled, except soybean, subgroup 6C 0.15 Pea, dry, seed 0.15 Pea, southern, succulent 0.25 Peanut 0.01 Peanut, hay 6.0 Pepper 0.50 Pistachio 0.01 Poultry, fat 0.01 Poultry, meat 0.01 Poultry, meat byproducts 0.01 Radish, roots 1.0 Rye, bran 0.5 Rye, grain 0.15 Sheep, fat 2.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 496/1218 Sheep, meat 0.05 Sheep, meat byproducts 0.05 Sorghum, grain, grain 3.5 Soybean, forage 8.0 Soybean, hay 4.0 Soybean, seed 0.03 Sugarcane, cane 0.05 Sugarcane, molasses 0.20 Sun�ower, forage 5.0 Sun�ower, seed 0.02 Teosinte, grain 0.05 Tomato 0.20 Tomato, dry pomace 5.0 Tomato, paste 0.5 Tomato, wet pomace 5.0 Triticale, grain 0.15 Turnip, greens 7.0 Vegetable, cucurbit, group 9 0.1 Vegetable, fruiting, group 8 0.5 Vegetable, leafy, except brassica, group 4 6.0 Vegetable, tuberous and corm, subgroup 1C 0.01 Wheat, bran 0.5 Wheat, grain 0.15 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 497/1218 Wheat, shorts 0.5 (2) A tolerance of 0.05 ppm is established for residues of the insecticide cy�uthrin (cyano(4-�uoro-3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2 dimethylcyclopropanecarboxylate; CAS Reg. No. 69359-37-5) in food commodities exposed to the insecticide during treatment of food-handling establishments where food and food products are held, processed, prepared, or served. Treatments may be made by general surface, spot, and/or crack and crevice applications. (i) General surface treatments shall be limited to a maximum of 3.8 grams of active ingredient per 1,000 square feet, applying to walls, �oors, and ceilings with a low-pressure system. Cover or remove all food processing and/or handling equipment during application. Do not apply directly to food products. Reapplications may be made at 10-day intervals. (ii) Crack and crevice or spot treatments shall be limited to a maximum of 0.1 percent of the active ingredient weight, applied with a low-pressure system with a pinpoint or variable-pattern nozzle. Dust formulation shall be limited to a maximum of 0.1 percent of the active ingredient by weight, applied using a hand duster, power duster, or other equipment capable of applying dust insecticide directly into voids and cracks and crevices. Dust applications should be made in a manner to avoid deposits on exposed surfaces or introducing the material into the air. Cover exposed food or remove food from premises. Do not apply directly to food. Reapplications may be made at 10-day intervals. (iii) To ensure safe use of the insecticide, its label and labeling shall conform to that registered by the Environmental Protection Agency, and it shall be used in accordance with such label and labeling. (3) A tolerance of 0.05 part per million is established for residues of the insecticide cy�uthrin (cyano(4-�uoro-3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2 dimethylcyclopropanecarboxylate; CAS Reg. No. 68359-37-5) in feed commodities exposed to the insecticide during treatment of feed-handling establishments where feed and feed products are held, processed, prepared, or served. Treatments may be made by general surface, spot, and/or crack and crevice applications. (i) General surface tratments shall be limited to a maximum of 3.8 grams of active ingredient per 1,000 square feet, applying to walls, �oors, and ceilings with a low-pressure system. Cover or remove all feed processing and/or handling equipment during application. Do not apply directly to feed products. Reapplications may be made at 10-day intervals. (ii) Crack and crevice or spot treatments shall be limited to a maximum of 0.1 percent of the active ingredient by weight, applied with a low-pressure system with a pinpoint or variable-pattern nozzle. Dust formulation shall be limited to a maximum of 0.1 percent of the active ingredient by weight, applied using a hand duster, power duster, or other equipment capable of applying dust insecticide directly into voids and cracks and crevices. Dust applications should be made in a manner to avoid deposits on exposed surfaces or Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 498/1218 Alfalfa 5.0 Alfalfa, forage 5.0 Alfalfa, hay 13 Almond, hulls 0.5 Barley, bran 0.5 Barley, grain 0.15 Beet, sugar, dried pulp 1.0 Beet, sugar, roots 0.10 Brassica, head and stem, subgroup 5A 2.5 Brassica, leafy greens, subgroup 5B 7.0 Buckwheat, grain 0.15 Carrot, roots 0.20 Cattle, fat 2.0 Cattle, meat 0.10 Cattle, meat byproducts 0.10 introducing the material into the air. Cover exposed feed or remove feed from premises. Do not apply directly to feed. Reapplications may be made at 10-day intervals. (iii) To ensure safe use of the insecticide, its label and labeling shall conform to that registered by EPA, and it shall be used in accordance with such label and labeling. (4) Tolerances are established for residues of the isomer, beta-cy�uthrin, cyano(4-�uoro 3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2-dimethyl cyclopropanecarboxylate [mixture comprising the enantiomeric pair (R)-α-cyano-4 �uoro-3-phenoxybenzyl (1S,3S)-3-(2,2-dichlorovinyl)-2,2 dimethylcyclopropanecarboxylate and (S)-α-cyano-4-�uoro-3-phenoxybenzyl (1R,3R)-3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate with the enantiomeric pair (R)-α-cyano-4-�uoro-3-phenoxybenzyl (1S,3R)-3-(2,2 dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate and (S)-α-cyano-4-�uoro-3 phenoxybenzyl (1R,3S)-3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate], in or on the following raw agricultural commodities: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 499/1218 Citrus, dried pulp 0.3 Citrus, oil 0.3 Corn, �eld, grain 0.05 Corn, pop, grain 0.05 Corn, sweet, kernel plus cob with husks removed 0.05 Cotton, hulls 2.0 Cotton, re�ned oil 2.0 Cotton, undelinted seed 1.0 Egg 0.01 Fruit, citrus, group 10 0.2 Fruit, pome, group 11 0.5 Fruit, stone, group 12 0.3 Goat, fat 2.0 Goat, meat 0.05 Goat, meat byproducts 0.05 Grain, aspirated fractions 150 Grain, cereal, forage, fodder and hay, group 16, forage, except rice 25 Grain, cereal, forage, fodder and hay, group 16, hay, except rice 6.0 Grain, cereal, forage, fodder and hay, group 16, stover, except rice 30 Grain, cereal, forage, fodder and hay, group 16, straw, except rice 7.0 Grape 1.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 500/1218 Grape, raisin 3.5 Grass, forage, fodder and hay, group 17, forage 12 Grass, forage, fodder and hay, group 17, hay 50 Hog, fat 0.5 Hog, meat 0.01 Hog, meat byproducts 0.01 Hop, dried cones 20.0 Hop, vines 4.0 Horse, fat 2.0 Horse, meat 0.05 Horse, meat byproducts 0.05 Lettuce, head 2.0 Lettuce, leaf 3.0 Milk 0.2 Milk, fat 5.0 Millet, grain 0.15 Mustard greens 7.0 Nut, tree, group 14 0.01 Oat, bran 0.5 Oat, grain 0.15 Pea and bean, dried shelled, except soybean, subgroup 6C 0.15 Pea, dry, seed 0.15 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 501/1218 Pea, southern, succulent 0.25 Peanut 0.01 Peanut, hay 6.0 Pepper 0.50 Pistachio 0.01 Poultry, fat 0.01 Poultry, meat 0.01 Poultry, meat byproducts 0.01 Radish, roots 1.0 Rye, bran 0.5 Rye, grain 0.15 Sheep, fat 2.0 Sheep, meat 0.05 Sheep, meat byproducts 0.05 Sorghum, grain, grain 3.5 Soybean, forage 8.0 Soybean, hay 4.0 Soybean, seed 0.03 Sugarcane, cane 0.05 Sugarcane, molasses 0.20 Sun�ower, forage 5.0 Sun�ower, seed 0.02 Teosinte, grain 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 502/1218 Tomato 0.20 Tomato, paste 0.5 Tomato, pomace 5.0 Triticale, grain 0.15 Turnip, greens 7.0 Vegetable, cucurbit, group 9 0.1 Vegetable, fruiting, group 8 0.5 Vegetable, leafy greens, except Brassica, group 4 6.0 Vegetable, tuberous and corm, subgroup 1C 0.01 Wheat, bran 0.5 Wheat, grain 0.15 Wheat, shorts 0.5 [53 FR 1924, Jan. 25, 1988] § 180.437 Imazamethabenz-methyl; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide imazamethabenz methyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only imazamethabenz-methyl (methyl 2-[4,5-dihydro-4-methyl-4 (1-methylethyl)-5-oxo-1H-imidazol-2-yl]-4-methylbenzoate) or (methyl 2-[4,5-dihydro-4 methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-5-methylbenzoate), as the sum of its para- and meta-isomers in or on the commodity. Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.436, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/53-FR-1924 https://www.ecfr.gov/current/title-40/section-180.436 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 503/1218 Barley, grain 0.10 12/31/16 Barley, straw 2.00 12/31/16 Sun�ower, seed 0.10 12/31/16 Wheat, grain 0.10 12/31/16 Wheat, straw 2.00 12/31/16 [81 FR 34906, June 1, 2016] § 180.438 Lambda-cyhalothrin and an isomer gamma-cyhalothrin; tolerances for residues. Alfalfa, forage 5.0 Alfalfa, hay 6.0 Almond, hulls 1.5 Apple, wet pomace 2.50 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for the combined residues of the pyrethroid lambda cyhalothrin, 1:1 mixture of (S)-α-cyano-3-phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3 tri�uoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and (R)-α-cyano-3 phenoxybenzyl-(Z)-(1S,3S)-3-(2-chloro-3,3,3-tri�uoroprop-1-enyl)-2,2 dimethylcyclopropanecarboxylate and its epimer expressed as epimer of lambda cyhalothrin, a 1:1 mixture of (S)-α-cyano-3-phenoxybenzyl-(Z)-(1S,3S)-3-(2-chloro 3,3,3-tri�uoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and (R)-α-cyano-3 phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3-tri�uoroprop-1-enyl)-2,2 dimethylcyclopropanecarboxylate, on plants and livestocks, as indicated in the following table. Commodity Parts per million Expiration/ revocation date Commodity Parts per million https://www.federalregister.gov/citation/81-FR-34906 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 504/1218 Avocado, imported 0.20 Barley, bran 0.2 Barley, grain 0.05 Barley, hay 2.0 Barley, straw 2.0 Brassica, head and stem, subgroup 5A 0.4 Buckwheat, grain 0.05 Canola, re�ned oil 2.0 Canola, seed 1.0 Cattle, fat 3.0 Cattle, meat 0.2 Cattle, meat byproducts 0.2 Corn, �eld, �our 0.15 Corn, �eld, forage 6.0 Corn, �eld, grain 0.05 Corn, �eld, stover 1.0 Corn, pop, grain 0.05 Corn, pop, grain, �our 0.05 Corn, pop, stover 1.0 Corn, sweet, forage 6.0 Corn, sweet, stover 1.0 Corn, sweet, kernel plus cob with husks removed 0.05 Cotton, undelinted seed 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 505/1218 Egg 0.01 Fruit, pome, group 11 0.30 Fruit, stone, group 12 0.50 Garlic 0.1 Goat, fat 3.0 Goat, meat 0.2 Goat, meat byproducts 0.2 Grain, aspirated fractions 2.0 Grass, forage, fodder and hay, group 17 7.0 Hog, fat 0.2 Hog, meat 0.01 Hog, meat byproducts 0.02 Hop, dried cones 10.0 Horse, fat 3.0 Horse, meat 0.2 Horse, meat byproducts 0.2 Lettuce, head 2.0 Lettuce, leaf 2.0 Milk, fat (re�ecting 0.4 ppm in whole milk) 10.0 Nut, tree, group 14 0.05 Oat, grain 0.05 Oat, forage 2.0 Oat, hay 2.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 506/1218 Oat, straw 2.0 Onion, bulb 0.1 Pea and bean, dried shelled, except soybean, subgroup 6C 0.10 Pea and bean, succulent shelled, subgroup 6B 0.01 Peanut 0.05 Peanut, hay 3.0 Pistachio 0.05 Poultry, fat 0.03 Poultry, meat 0.01 Poultry, meat byproducts 0.01 Rice, grain 1.0 Rice, hulls 5.0 Rice, wild, grain 1.0 Rye, bran 0.2 Rye, grain 0.05 Rye, forage 2.0 Rye, straw 2.0 Sheep, fat 3.0 Sheep, meat 0.2 Sheep, meat byproducts 0.2 Soybean 0.01 Sorghum, grain, grain 0.2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 507/1218 Sorghum, grain, forage 0.30 Sorghum, grain, stover 0.50 Sugarcane, cane 0.05 Sun�ower, forage 0.2 Sun�ower, seed, hulls 0.50 Sun�ower, re�ned oil 0.30 Sun�ower, seed 0.2 Tomato 0.1 Tomato, dry pomace 6.0 Tomato, wet pomace 6.0 Vegetable, cucurbit, group 9 0.05 Vegetable, fruiting, group 8 0.20 Vegetable, legume, edible podded, subgroup 6A 0.20 Vegetable, tuberous and corm, subgroup 1C 0.02 Wheat, grain 0.05 Wheat, forage 2.0 Wheat, hay 2.0 Wheat, straw 2.0 Wheat, bran 0.2 (2) Tolerances are established for the combined residues of the pyrethroid [gamma cyhalothrin (the isolated active isomer of lambda-cyhalothrin) (S)-′-cyano-3 phenoxybenzyl (Z)-(1R,3R)-3-(2-chloro-3,3,3-tri�uoroprop-1-enyl)-2,2 dimethylcyclopropanecarboxylate)) and its epimer (R)-′-cyano-3-phenoxybenzyl (Z) (1R,3R)-3-(2-chloro-3,3,3-tri�uoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate in/on the following commodities: 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 508/1218 Alfalfa, forage 5 Alfalfa, hay 6 Almond, hulls 1.5 Apple, pomace, wet 2.50 Avocado, imported 0.20 Brassica, head and stem, subgroup 5A 0.4 Canola, seed 0.15 Cattle, fat 3 Cattle, meat 0.2 Cattle, meat byproducts 0.2 Corn, �eld, �our 0.15 Corn, �eld, forage 6.0 Corn, �eld, grain 0.05 Corn, �eld, stover 1.0 Corn, pop, grain 0.05 Corn, pop, stover 1.0 Corn, sweet, forage 6.0 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 1.0 Cotton, undelinted seed 0.05 Egg 0.01 Fruit, pome, group 11 0.30 Fruit, stone, group 12 0.50 CommodityCommodity Parts per million Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 509/1218 Garlic 0.10 Goat, fat 3.0 Goat, meat 0.2 Goat, meat byproducts 0.2 Grain, aspirated fractions 2.0 Hog, fat 3.0 Hog, meat 0.2 Hog, meat byproducts 0.2 Horse, fat 3.0 Horse, meat 0.2 Horse, meat byproducts 0.2 Lettuce, head 2.0 Lettuce, leaf 2.0 Milk, fat (re�ecting 0.20 ppm in whole milk) 5.0 Nut, tree, group 14 0.05 Okra 0.20 Onion, bulb 0.1 Pea and bean, dried shelled, except soybean, subgroup 6C 0.10 Pea and bean, succulent shelled, subgroup 6B 0.01 Peanut 0.05 Peanut, hay 3.0 Pistachio 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 510/1218 Poultry, fat 0.03 Poultry, meat 0.01 Poultry, meat byproducts 0.01 Rice, grain 1.0 Rice, hulls 5.0 Sheep, fat 3.0 Sheep, meat 0.2 Sheep, meat byproducts 0.2 Sorghum, grain, forage 0.30 Sorghum, grain, grain 0.20 Sorghum, grain, stover 0.50 Soybean 0.01 Sugarcane 0.05 Sun�ower, forage 0.20 Sun�ower, re�ned oil 0.30 Sun�ower, seed 0.20 Sun�ower, seed, hulls 0.50 Tomato 0.10 Tomato, dry pomace 6.0 Tomato, wet pomace 6.0 Vegetables, fruiting, group 8 0.20 Vegetable, legume, edible podded, subgroup 6A 0.20 Wheat, bran 2.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 511/1218 Wheat, forage 2.0 Wheat, grain 0.05 Wheat, hay 2.0 Wheat, straw 2.0 The analytical enforcement methods for lambda-cyhalothrin are applicable for determination of gamma-cyhalothrin residues in plant and animal commodities. [71 FR 74817, Dec. 13, 2006, as amended at 72 FR 45663, Aug. 15, 2007; 73 FR 39264, July 9, 2008; 76 FR 34885, June 15, 2011; 80 FR 72599, Nov. 20, 2015] § 180.439 Thifensulfuron methyl; tolerances for residues. Barley, grain 0.05 Barley, hay 0.8 Barley, straw 0.10 Canola, seed 0.02 Chicory, roots 0.01 1 (3) A tolerance of 0.01 part per million is established for residues of the insecticide lamba-cyhalothrin and an isomer gamma-cyhalothrin in or on all food commodities (other than those already covered by a higher tolerance as a result of use on growing crops) in food-handling establishments where food products are held, processed, or prepared. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of thifensulfuron methyl, including its metabolites and degradates, in or on the commodities listed in the following table [below]. Compliance with the tolerance levels speci�ed in the following table [below] is to be determined by measuring only thifensulfuron methyl (methyl 3-[[[[(4-methoxy-6-methyl 1,3,5-triazin-2-yl)amino]carbonyl]amino] sulfonyl]-2-thiophenecarboxylate). Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/71-FR-74817 https://www.federalregister.gov/citation/72-FR-45663 https://www.federalregister.gov/citation/73-FR-39264 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/80-FR-72599 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 512/1218 Chicory, tops 0.01 Corn, �eld, forage 0.10 Corn, �eld, grain 0.05 Corn, �eld, stover 0.10 Cotton, gin byproducts 0.02 Cotton, undelinted seed 0.02 Flax, seed 0.02 Oat, forage 0.2 Oat, grain 0.05 Oat, hay 0.05 Oat, straw 0.10 Rice, grain 0.05 Sorghum, grain, forage. 0.05 Sorghum, grain, grain 0.05 Sorghum, grain, stover 0.05 Soybean 0.10 Wheat, forage 2.5 Wheat, grain 0.05 Wheat, hay 0.7 Wheat, straw 0.10 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances are established for residues of thifensulfuron methyl, including its metabolites and degradates, in or on the commodities listed in the following table [below]. Compliance with the tolerance levels speci�ed in the following table [below] is to be determined by measuring only thifensulfuron methyl (methyl 3-[[[[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)amino]carbonyl]amino] sulfonyl]-2 thiophenecarboxylate). Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 513/1218 Sa�ower, seed 0.05 [69 FR 55982, Sept. 17, 2004, as amended at 69 FR 63957, Nov. 3, 2004; 72 FR 13184, Mar. 21, 2007; 73 FR 47075, Aug. 13, 2008; 75 FR 19277, Apr. 14, 2010; 77 FR 52240, Aug. 29, 2012; 80 FR 72599, Nov. 20, 2015] § 180.440 Te�uthrin; tolerances for residues. Corn, �eld, forage 0.06 Corn, �eld, grain 0.06 Corn, �eld, stover 0.06 Corn, pop, grain 0.06 Corn, pop, stover 0.06 Corn, sweet, forage 0.06 Corn, sweet, kernel plus cob with husks removed 0.06 Corn, sweet, stover 0.06 [62 FR 62961, Nov. 26, 1997, as amended at 74 FR 46375, Sept. 9, 2009] § 180.441 Quizalofop ethyl; tolerances for residues. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the insecticide te�uthrin (2,3,5,6 tetra�uroro-4-methylphenyl)methyl-(1 alpha, 3 alpha)-(Z)-(±)-3(2-chloro-3,3,3 tri�uoro-1-propenyl)-2,2-diemthylcyclopropanecarboxylate) and its metabolite (Z)-3-(2 chloro-3,3,3-tri�uroro-1-propenyl)-2,2-dimethylcyclopropanecarboxylic acid in or on the following commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/69-FR-55982 https://www.federalregister.gov/citation/69-FR-63957 https://www.federalregister.gov/citation/72-FR-13184 https://www.federalregister.gov/citation/73-FR-47075 https://www.federalregister.gov/citation/75-FR-19277 https://www.federalregister.gov/citation/77-FR-52240 https://www.federalregister.gov/citation/80-FR-72599 https://www.federalregister.gov/citation/62-FR-62961 https://www.federalregister.gov/citation/74-FR-46375 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 514/1218 Table 1 to Paragraph (a)(1) Barley, grain 0.05 Barley, hay 0.05 Barley, straw 0.05 Bean, dry, seed 0.4 Bean, succulent 0.25 Beet, sugar, molasses 0.2 Beet, sugar, roots 0.1 Beet, sugar, tops 0.5 Brassica carinata, meal 2 Brassica carinata, seed 1.5 Corn, �eld, forage 0.02 Corn, �eld, grain 0.02 Corn, �eld, stover 0.03 Cottonseed subgroup 20C 0.1 Cowpea, forage 3.0 Cowpea, hay 3.0 Crambe, meal 2.0 Flax, seed 0.05 (1) Tolerances are established for residues of the herbicide quizalofop ethyl, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only those quizalofop ethyl residues convertible to 2 methoxy-6-chloroquinoxaline, expressed as the stoichiometric equivalent of quizalofop ethyl, in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 515/1218 Fruit, pome, group 11-10 0.1 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.1 Fruit, stone, group 12-12 0.1 Gold of pleasure, meal 2.0 Lentil, seed 0.05 Pea, dry 0.25 Pea, �eld, hay 3.0 Pea, �eld, vines 3.0 Pea, succulent 0.3 Pennycress, seed 1.5 Peppermint, tops 2.0 Rapeseed, meal 2.0 Rapeseed subgroup 20A, except �ax, seed 1.5 Rice, grain 0.05 Sorghum, grain, aspirated grain fractions 1.0 Sorghum, grain, forage 0.20 Sorghum, grain, grain 0.20 Sorghum, grain, stover 0.30 Soybean, �our 0.5 Soybean, hulls 0.02 Soybean, meal 0.5 Soybean, seed 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 516/1218 Spearmint, tops 2.0 Sun�ower subgroup 20B 3 Wheat, forage 2.0 Wheat, germ 0.40 Wheat, grain 0.05 Wheat, hay 2.0 Wheat, milled byproducts 0.40 Wheat, straw 0.80 Cattle, fat 0.05 Cattle, meat 0.02 Cattle, meat byproducts 0.05 Egg 0.02 Goat, fat 0.05 Goat, meat 0.02 Goat, meat byproducts 0.05 Hog, fat 0.05 Hog, meat 0.02 Hog, meat byproducts 0.05 (2) Tolerances are established for residues of the herbicide quizalofop ethyl, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only those quizalofop ethyl residues convertible to quizalofop (2-[4-(6-chloroquinoxalin-2-yl-oxy)phenoxy]propanoic acid), expressed as quizalofop, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 517/1218 Horse, fat 0.05 Horse, meat 0.02 Horse, meat byproducts 0.05 Milk 0.01 Milk, fat 0.25 Poultry, fat 0.05 Poultry, meat 0.02 Poultry, meat byproducts 0.05 Sheep, fat 0.05 Sheep, meat 0.02 Sheep, meat byproducts 0.05 Fish-shell�sh, crustacean 0.04 Pineapple 0.1 (3) Tolerances are established for residues of the herbicide quizalofop-P-ethyl, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring quizalofop ethyl and quizalofop acid, expressed as the stoichiometric equivalent of quizalofop ethyl, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration are established for residues of the herbicide quizalofop ethyl, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only those quizalofop ethyl residues convertible to 2-methoxy-6-chloroquinoxaline, expressed as the stoichiometric equivalent of quizalofop ethyl, in or on the commodity. Commodity Parts per million Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 518/1218 [63 FR 32759, June 16, 1998, as amended at 70 FR 7870, Feb. 16, 2005; 71 FR 56378, Sept. 27, 2006; 76 FR 56045, Sept. 15, 2010; 77 FR 23630, Apr. 20, 2012; 80 FR 72599, Nov. 20, 2015; 81 FR 86586, Dec. 1, 2016; 83 FR 7115, Feb. 20, 2018; 83 FR 8011, Feb. 23, 2018; 86 FR 13199, Mar. 8, 2021] § 180.442 Bifenthrin; tolerances for residues. Almond, hulls 2.0 Artichoke, globe 1.0 Banana 0.1 Beet, garden, roots 0.45 Beet, garden, tops 15 Brassica, head and stem, subgroup 5A, except cabbage 0.6 Brassica, leafy greens, subgroup 5B 3.5 Bushberry subgroup 13-07B 1.8 Cabbage 4.0 Caneberry subgroup 13A 1.0 Cattle, fat 1.0 Cattle, meat byproducts 0.10 Cattle, meat 0.5 Coriander, dried leaves 25 Coriander, leaves 6.0 (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide bifenthrin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only bifenthrin, (2-methyl [1,1′-biphenyl]-3-yl) methyl-3-(2-chloro-3,3,3, tri�uoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate. 1 Commodity Parts per million https://www.federalregister.gov/citation/63-FR-32759 https://www.federalregister.gov/citation/70-FR-7870 https://www.federalregister.gov/citation/71-FR-56378 https://www.federalregister.gov/citation/76-FR-56045 https://www.federalregister.gov/citation/77-FR-23630 https://www.federalregister.gov/citation/80-FR-72599 https://www.federalregister.gov/citation/81-FR-86586 https://www.federalregister.gov/citation/83-FR-7115 https://www.federalregister.gov/citation/83-FR-8011 https://www.federalregister.gov/citation/86-FR-13199 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 519/1218 Coriander, seed 5.0 Corn, �eld, forage 3.0 Corn, �eld, grain 0.05 Corn, �eld, stover 5.0 Corn, pop, grain 0.05 Corn, pop, stover 5.0 Corn, sweet, forage 3.0 Corn, sweet, kernel plus cob with husk removed 0.05 Corn, sweet, stover 5.0 Cotton, undelinted seed 0.5 Eggplant 0.05 Egg 0.05 Fruit, citrus, group 10 0.05 Goat, fat 1.0 Goat, meat byproducts 0.10 Goat, meat 0.5 Grain, aspirated fractions 70 Grape 0.2 Groundcherry 0.5 Herb subgroup 19A 0.05 Hog, fat 1.0 Hog, meat byproducts 0.10 Hog, meat 0.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 520/1218 Hop, dried cones 10.0 Horse, fat 1.0 Horse, meat byproducts 0.10 Horse, meat 0.5 Leafy petioles subgroup 4B 3.0 Lettuce, head 3.0 Mayhaw 1.4 Milk, fat (re�ecting 0.1 ppm in whole milk) 1.0 Nut, tree, group 14 0.05 Okra 0.50 Pea and bean, dried shelled, expect soybean, subgroup 6C 0.15 Pea and bean, succulent shelled, subgroup 6B 0.05 Peanut 0.05 Pear 0.5 Pepino 0.5 Pepper, bell 0.5 Pepper, nonbell 0.5 Pistachio 0.05 Poultry, fat 0.05 Poultry, meat byproducts 0.05 Poultry, meat 0.05 Radish, tops 4.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 521/1218 Rapeseed, seed 0.05 Sheep, fat 1.0 Sheep, meat byproducts 0.1 Sheep, meat 0.5 Soybean, hulls 0.50 Soybean, re�ned oil 0.30 Soybean, seed 0.2 Spinach 0.2 Strawberry 3.0 Tea, dried 30 Tomato 0.15 Turnip, greens 3.5 Vegetable, cucurbit, group 9 0.4 Vegetable, legume, edible podded, subgroup 6A 0.6 Vegetable, root, subgroup 1B except sugar beet and garden beet 0.10 Vegetable, tuberous and corm, subgroup 1C 0.05 There are no U.S. registrations. 1 1 (2) A tolerance of 0.05 ppm is established for residues of the insecticide bifenthrin, (2 methyl[1,1′-biphenyl]-3-yl)methyl-3-(2-chloro-3,3,3-tri�uoro-1-propenyl)-2,2 dimethylcyclopropane-carboxylate, as follows: (i) In or on all food/feed items (other than those covered by a higher tolerance as a result of use on growing crops) in food/feed handling establishments. (ii) The insecticide may be present as a residue from application of bifenthrin in food handling establishments, including food service, manufacturing and processing establishments, such as restaurants, cafeterias, supermarkets, bakeries, breweries, dairies, meat slaughtering and packing plants, and Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 522/1218 Apple 0.5 12/31/21 Avocado 0.50 12/31/19 Nectarine 0.5 12/31/21 Peach 0.5 12/31/21 Pomegranate 0.50 12/31/22 Grass, forage 4.0 Grass, hay 15 canneries, feed handling establishments including feed manufacturing and processing establishments, in accordance with the following prescribed conditions: (A) Application shall be limited to general surface and spot and/or crack and crevice treatment in food/feed handling establishments where food/feed and food/feed products are held, processed, prepared and served. General surface application may be used only when the facility is not in operation provided exposed food/feed has been covered or removed from the area being treated. Spot and/or crack and crevice application may be used while the facility is in operation provided exposed food/feed is covered or removed from the area being treated prior to application. Spray concentration shall be limited to a maximum of 0.06 percent active ingredient. Contamination of food/feed or food/feed contact surfaces shall be avoided. (B) To assure safe use of the insecticide, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency and shall be used in accordance with such label and labeling. (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the following table are established for residues of the bifenthrin, (2-methyl[1,1′-biphenyl]-3-yl)methyl-3-(2 chloro-3,3,3-tri�uoro-1-propenyl)-2,2-dimethylcyclopropane-carboxylate) in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. The tolerances expire on the date speci�ed in the table. (c) Tolerances with regional registrations. Tolerances with regional registrations are established for residues of the insecticide bifenthrin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only bifenthrin, (2-methyl [1,1′ biphenyl]-3-yl) methyl-3-(2-chloro-3,3,3,-tri�uoro-1-propenyl)-2,2 dimethylcyclopropanecarboxylate. Commodity Parts per million Expiration date Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 523/1218 [62 FR 31002, June 6, 1997] ยง 180.443 Myclobutanil; tolerances for residues. Almond 0.1 Almond, hulls 2.0 Apple 0.5 Apple, dry pomace 5.0 Apple, wet pomace 5.0 Artichoke, globe 0.90 Asparagus 0.02 Banana, postharvest 4.0 Bean, snap, succulent 1.0 Caneberry subgroup 13A 2.0 Canistel 3.0 Cattle, fat 0.05 Cattle, liver 1.0 Cattle, meat 0.1 Cattle, meat byproducts, except liver 0.2 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for combined residues of the fungicide myclobutanil alpha-butyl-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile and its alcohol metabolite (alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1 propanenitrile (free and bound), in or on the following food commodities: Commodity Parts per million For FEDERAL REGISTER citations affecting ยง 180.442, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/62-FR-31002 https://www.ecfr.gov/current/title-40/section-180.442 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 524/1218 Cherry, sweet 5.0 Cherry, tart 5.0 Cilantro, leaves 9.0 Cotton, undelinted seed 0.02 Currant 3.0 Egg 0.02 Fruit, stone, except cherry 2.0 Goat, fat 0.05 Goat, liver 1.0 Goat, meat 0.1 Goat, meat byproducts, except liver 0.2 Gooseberry 2.0 Grain, aspirated fractions 35 Grape 1.0 Grape, dried pomace 10.0 Grape, raisin 10.0 Grape, raisin, waste 25.0 Grape, wet pomace 10.0 Hog, fat 0.05 Hog, liver 1.0 Hog, meat 0.1 Hog, meat byproducts, except liver 0.2 Hop, dried cones 10 Horse, fat 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 525/1218 Horse, liver 1.0 Horse, meat 0.1 Horse, meat byproducts, except liver 0.2 Leafy greens, subgroup 4A, except spinach 9.0 Mango 3.0 Mayhaw 0.70 Milk 0.2 Okra 4.0 Papaya 3.0 Peppermint, tops 3.0 Plum, prune, dried 8.0 Poultry, fat 0.02 Poultry, meat 0.02 Poultry, meat byproducts 0.02 Sapodilla 3.0 Sapote, black 3.0 Sapote, mamey 3.0 Sheep, fat 0.05 Sheep, liver 1.0 Sheep, meat 0.1 Sheep, meat byproducts, except liver 0.2 Soybean, forage 3.5 Soybean, hay 15 Soybean, re�ned oil 0.40 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 526/1218 Soybean, seed 0.25 Spearmint, tops 3.0 Star apple 3.0 Strawberry 0.50 Tomato 0.30 Tomato, puree 0.50 Tomato, paste 1.0 Vegetable, cucurbit, group 9 0.20 Vegetable, fruiting, group 8, except tomato 4.0 Animal feed, nongrass, group 18 0.03 Grain, cereal, forage, fodder and straw, group 16 0.03 Grain, cereal, group 15 0.03 Vegetable, brassica, leafy, group 5 0.03 Vegetable, foliage of legume, group 7 0.03 Vegetable, fruiting, group 8 0.03 Vegetable, leafy, except brassica, group 4 0.03 Vegetable, leaves of root and tuber, group 2 0.03 Vegetable, legume, group 6 0.03 Vegetable, root and tuber, group 1 0.03 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for residues of the fungicide myclobutanil alpha-butyl-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile in or on the following food commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 527/1218 [54 FR 6131, Feb. 8, 1989] § 180.444 Sulfur dioxide; tolerances for residues. Grape, postharvest 10.0 Fig 10 12/31/14 [54 FR 20126, May 10, 1989, as amended at 76 FR 56648, Sept. 14, 2011] § 180.445 Bensulfuron methyl; tolerances for residues. Cray�sh 0.05 Rice, grain 0.02 (a) General. A tolerance is established as follows for sul�te residues of the fungicide sulfur dioxide (determined as (SO )) in or on the following raw agricultural commodity(ies):2 (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the following table are established for residues of sulfur dioxide, including its metabolites and degradates in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FFIFRA section 18 emergency exemptions. Compliance with the tolerance levels speci�ed below is to be determined by measuring only sulfur dioxide (SO ). The tolerances expire on the date speci�ed in the table. 2 (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide bensulfuron methyl (methyl-2[[[[[(4,6-dimethoxy-pyrimidin-2-yl) amino] carbonyl] amino] sulfonyl] methyl] benzoate) in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million Expiration/revocation date Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.443, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/54-FR-6131 https://www.federalregister.gov/citation/54-FR-20126 https://www.federalregister.gov/citation/76-FR-56648 https://www.ecfr.gov/current/title-40/section-180.443 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 528/1218 [63 FR 9435, Feb. 25, 1998, as amended at 80 FR 72599, Nov. 20, 2015] § 180.446 Clofentezine; tolerances for residues. Almond, hulls 5.0 Almond 0.5 Apple, dry pomace 3.0 Apple, wet pomace 3.0 Apricot 1.0 Avocado 0.30 Cherry, subgroup 12-12A 1.0 Fruit, pome, group 11-10 0.50 Fruit, small, vine climbing, except fuzzy kiwifruit, Subgroup 13-07F 1.0 Guava 3 Hop, dried cones 7 Persimmon 0.05 Papaya 0.30 Peach, subgroup 12-12B 1.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide clofentezine, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5-tetrazine, in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/63-FR-9435 https://www.federalregister.gov/citation/80-FR-72599 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 529/1218 Walnut 0.02 Cattle, fat 0.05 Cattle, liver 0.4 Cattle, meat 0.05 Cattle, meat byproducts, except liver 0.05 Goat, fat 0.05 Goat, liver 0.4 Goat, meat 0.05 Goat, meat byproducts, except liver 0.05 Hog, fat 0.05 Hog, liver 0.4 Hog, meat 0.05 Hog, meat byproducts, except liver 0.05 Horse, fat 0.05 Horse, liver 0.4 Horse, meat 0.05 Horse, meat byproducts, except liver 0.05 Milk 0.01 (2) Tolerances are established for residues of the insecticide clofentezine, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5-tetrazine, and its metabolite, 3-(2-chloro-4-hydroxyphenyl)-6-(2-chlorophenyl)-1,2,4,5-tetrazine, calculated as the stoichiometric equivalent of clofentezine, in or on commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 530/1218 Sheep, fat 0.05 Sheep, liver 0.4 Sheep, meat 0.05 Sheep, meat byproducts, except liver 0.05 [56 FR 15503, Apr. 17, 1991, as amended at 56 FR 22335, May 15, 1991; 59 FR 26947, May 25, 1994; 60 FR 12709, Mar. 8, 1995; 64 FR 19050, Apr. 19, 1999; 70 FR 11572, Mar. 9, 2005; 74 FR 46375, Sept. 9, 2009; 76 FR 23496, Apr. 27, 2011; 81 FR 38609, June 14, 2016; 84 FR 24726, May 29, 2019; 85 FR 67287, Oct. 22, 2020] ยง 180.447 Imazethapyr; tolerances for residues. Canola, seed 0.10 Soybean 0.1 Vegetable, legume, group 6 0.1 1 There are no U.S. registrations for canola as of March 21, 2003. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide imazethapyr, 2-[4,5-dihydro 4-methyl-4-(1-methylethyl)-5-oxo- 1H-imidazol-2-yl]-5-ethyl-3-pyridine carboxylic acid, applied as its acid or ammonium salt, in or on the following raw agricultural commodities: 1 (2) Tolerances are established for the sum of the residues of the herbicide imazethapyr, 2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo- 1H-imidazol-2-yl]-5-ethyl-3-pyridine carboxylic acid; its metabolite CL 288511, 2-[4,5-dihydro-4-methyl-4-(1 methylethyl)-5-oxo-1H-imidazol-2-yl]-5-(1-hydroxyethyl)-3-pyridine carboxylic acid; and its metabolite CL 182704, 5-[1-(beta-D-glucopyranosyloxy)ethyl]-2-[4,5-dihydro-4 methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-3-pyridinecarboxylic acid, applied as its acid or ammonium salt, in or on the following commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/56-FR-15503 https://www.federalregister.gov/citation/56-FR-22335 https://www.federalregister.gov/citation/59-FR-26947 https://www.federalregister.gov/citation/60-FR-12709 https://www.federalregister.gov/citation/64-FR-19050 https://www.federalregister.gov/citation/70-FR-11572 https://www.federalregister.gov/citation/74-FR-46375 https://www.federalregister.gov/citation/76-FR-23496 https://www.federalregister.gov/citation/81-FR-38609 https://www.federalregister.gov/citation/84-FR-24726 https://www.federalregister.gov/citation/85-FR-67287 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 531/1218 Alfalfa, seed 0.15 Alfalfa, seed screenings 0.15 Animal feed, nongrass, group 18, forage 3.0 Animal feed, nongrass, group 18, hay 5.5 Peanut 0.1 Rice, bran 1.2 Rice, grain 0.3 Cattle, meat byproducts 0.10 Corn, �eld, forage 0.1 Corn, �eld, grain 0.1 Corn, �eld, stover 0.1 Cray�sh 0.15 Goat, meat byproducts 0.10 Hog, meat byproducts 0.10 Horse, meat byproducts 0.10 Sheep, meat byproducts 0.10 (3) A tolerance is established for the sum of residues of the herbicide imazethapyr, 2 [4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo- 1H-imidazol-2-yl]-5-ethyl-3-pyridine carboxylic acid, and its metabolite CL 288511, 2-[4,5-dihydro-4-methyl-4-(1 methylethyl)-5- oxo-1H-imidazol-2-yl]-5-(1-hydroxyethyl)-3-pyridine carboxylic acid, applied as its acid or ammonium salt, in or on the following commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l) of this chapter, are established for the sum of residues of the herbicide imazethapyr, 2- [4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-5-ethyl- 3 pyridine carboxylic acid, as its ammonium salt, and its metabolite, 2- [4,5-dihydro-4 Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 532/1218 Endive 0.1 Lettuce, head 0.1 Lettuce, leaf 0.1 [67 FR 55331, Aug. 29, 2002, as amended at 68 FR 13849, Mar. 21, 2003; 71 FR 6359, Feb. 8, 2006; 76 FR 34885, June 15, 2011; 80 FR 72599, Nov. 20, 2015] § 180.448 Hexythiazox; tolerance for residues. Almond, hulls 10 Apple, wet pomace 0.40 Beet, sugar, dried pulp 0.30 Beet, sugar, root 0.15 Berry, low growing, subgroup 13-07G 6 Caneberry, Subgroup 13-07A 3 Cattle, fat 0.05 Cattle, meat byproducts 0.5 Citrus, oil 25 Corn, �eld, forage 3.0 Corn, �eld, grain 0.02 methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-5-(1- hydroxyethyl)-3-pyridine carboxylic acid, both free and conjugated, applied as its acid or ammonium salt, in or on the following raw agricultural commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of hexythiazox, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only hexythiazox and its metabolites containing the (4-chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety, calculated as the stoichiometric equivalent of hexythiazox. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/67-FR-55331 https://www.federalregister.gov/citation/68-FR-13849 https://www.federalregister.gov/citation/71-FR-6359 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/80-FR-72599 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 533/1218 Corn, �eld, stover 7.0 Cotton, gin byproducts 15 Cotton, undelinted seed 0.4 Date, dried 3 Egg 0.05 Fruit, pome, group 11-10 0.4 Fruit, small, vine climbing, subgroup 13-07F, except fuzzy kiwifruit 1 Fruit, stone, group 12 1.0 Goat, fat 0.05 Goat, meat byproducts 0.5 Grain, aspirated fractions 5 Hog, fat 0.02 Hog, meat byproducts 0.05 Hop, dried cones 20 Horse, fat 0.05 Horse, meat byproducts 0.5 Milk 0.05 Nut, tree, group 14 0.30 Pepper/eggplant subgroup 8-10B 1.5 Peppermint, tops 2.0 Pistachio 0.30 Plum, prune, dried 1.3 Poultry, fat 0.05 Poultry, meat byproducts 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 534/1218 Sheep, fat 0.05 Sheep, meat byproducts 0.5 Spearmint, tops 2.0 Tea, dried 15 Tomato 0.50 There are no U.S. registrations for this commodity as of July 20, 2020. Alfalfa, forage (EPA Regions 7-11 only) 20 Alfalfa, hay (EPA Regions 7-11 only) 60 Bean, dried, seed (EPA Regions 7-12 only) 0.4 Bean, succulent (EPA Regions 7-12 only) 0.3 Bermuda grass, forage (EPA Regions 9-10 only) 40 Bermuda grass, hay (EPA Regions 9-10 only) 70 Corn, �eld, forage 6.0 Corn, �eld, grain 0.02 Corn, �eld, stover 2.5 Corn, sweet, forage (EPA Regions 7-12 only) 4.0 Corn, sweet, kernel plus cob with husks removed (EPA Regions 7-12 only) 0.1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations as de�ned by § 180.1(l), are established for residues of hexythiazox, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only hexythiazox and its metabolites containing the (4-chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety, calculated as the stoichiometric equivalent of hexythiazox. Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 535/1218 Fruit, citrus group 10-10 (CA, AZ, TX only) 0.6 Potato 0.02 Sorghum, grain, forage (EPA Regions 6-8 only) 5 Sorghum, grain, grain (EPA Regions 6-8 only) 3 Sorghum, grain, stover (EPA Regions 6-8 only) 6 Timothy, forage (EPA Regions 9-11 only) 40 Timothy, hay (EPA Regions 9-11 only) 40 Wheat, forage (EPA Regions 9-12 only) 6.0 Wheat, grain (EPA Regions 9-12 only) 0.02 Wheat, hay (EPA Regions 9-12 only) 30 Wheat, straw (EPA Regions 9-12 only) 8.0 [54 FR 17948, Apr. 26, 1989] § 180.449 Avermectin B and its delta-8,9-isomer; tolerances for residues. (d) Indirect or inadvertent residues. [Reserved] 1 (a) General. Tolerances are established for residues of abamectin, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only avermectin B1 a mixture of avermectins containing greater than or equal to 80% avermectin B1 a (5-O-demethyl avermectin A1) and less than or equal to 20% avermectin B1b (5-O-demethyl-25-de(1-methylpropyl)-25-(1-methylethyl) avermectin A1) and its delta 8,9-isomer in or on the following commodities: Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.448, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/54-FR-17948 https://www.ecfr.gov/current/title-40/section-180.448 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 536/1218 Acerola 0.015 Almond, hulls 0.10 Apple, wet pomace 0.10 Arugula 0.1 Avocado 0.020 Banana 0.006 Bean 0.015 Berry, low growing, subgroup 13-07G 0.05 Black sapote 0.40 Caneberry subgroup 13-07A 0.20 Canistel 0.40 Carrot, roots 0.03 Cattle, fat 0.05 Cattle, meat 0.02 Cattle, meat byproducts 0.09 Celeriac, roots 0.05 Celeriac, tops 0.05 Celtuce 0.1 Chive, dried leaves 0.02 Chive, fresh leaves 0.01 Citrus, dried pulp 0.10 Citrus, oil 0.10 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 537/1218 Corn, sweet, forage 0.20 Corn, sweet, kernel plus cob with husk removed 0.01 Corn, sweet, stover 0.50 Cotton, gin byproducts 1.0 Cotton, undelinted seed 0.02 Feijoa 0.015 Fennel, Florence, fresh leaves and stalk 0.1 Food products in food handling establishments (other than those already covered by higher tolerances as a result of use on growing crops, and other than those already covered by tolerances on milk, meat, and meat byproducts) 0.01 Fruit, citrus, group 10-10 0.02 Fruit, pome, group 11-10 0.02 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.02 Fruit, stone, group 12-12 0.09 Garden cress 0.1 Goat, fat 0.03 Goat, meat 0.02 Goat, meat byproducts 0.04 Grain, aspirated grain fractions 0.40 Guava 0.015 Herb subgroup 19A, except chive 0.030 Hog, fat 0.01 Hog, meat 0.02 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 538/1218 Hog, meat byproducts 0.02 Hop, dried cones 0.20 Horse, fat 0.03 Horse, meat 0.02 Horse, meat byproducts 0.04 Jaboticaba 0.015 Leaf petiole vegetable subgroup 22B 0.1 Leafy greens subgroup 4-16A 0.1 Longan 0.01 Mamey sapote 0.40 Milk 0.015 Nut, tree, group 14-12 0.01 Onion, bulb, subgroup 3-07A 0.01 Onion, green, subgroup 3-07B 0.08 Papaya 0.40 Passionfruit 0.015 Peppermint, tops 0.010 Pineapple 0.015 Plum, prune, dried 0.025 Poultry, meat 0.02 Poultry, meat byproducts 0.02 Pulasan 0.01 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 539/1218 Rambutan 0.01 Sapodilla 0.40 Sheep, fat 0.03 Sheep, meat 0.02 Sheep, meat byproducts 0.04 Soybean, forage 0.30 Soybean, hay 1.0 Soybean, seed 0.01 Spanish lime 0.01 Spearmint, tops 0.010 Star apple 0.40 Starfruit 0.015 Tea, dried 1.0 Tropical and subtropical, small fruit, inedible peel, subgroup 24A 0.01 Upland cress 0.1 Vegetable, cucurbit, group 9 0.005 Vegetable, fruiting, group 8-10 0.07 Vegetable, legume, dried shelled, except soybean, subgroup 6C 0.01 Vegetable, legume, edible podded, subgroup 6A 0.08 Vegetable, legume, succulent shelled, subgroup 6B 0.08 Vegetable, tuberous and corm, subgroup 01C 0.01 Wax jambu 0.015 There are no U.S. registrations for use of abamectin on banana or tea. 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 540/1218 [62 FR 44095, Aug. 19, 1997] § 180.450 Beta-(4-Chlorophenoxy)-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1 ethanol; tolerances for residues. Banana 0.2 None Barley, grain 0.05 None Barley, straw 0.2 None Corn, �eld, forage 0.05 None Corn, �eld, grain 0.05 None Corn, �eld, stover 0.05 None Corn, pop, grain 0.05 None Corn, pop, stover 0.05 None Corn, sweet, forage 0.05 None Corn, sweet, kernel plus cob with husks removed 0.05 None Corn, sweet, stover 0.05 None Cotton, undelinted seed 0.02 None (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the fungicide β-(4 chlorophenoxy)-α-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol (triadimenol) and its butanediol metabolite, 4-(4-chlorophenoxy)-2,2-dimethyl-4-(1H-1,2,4-triazol-l-yl)-1,3 butanediol, calculated as triadimenol, in or on the following commodities: 1 Commodity Parts per million Expiration/Revocation Date For FEDERAL REGISTER citations affecting § 180.449, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/62-FR-44095 https://www.ecfr.gov/current/title-40/section-180.449 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 541/1218 Oat, forage 2.5 None Oat, grain 0.05 None Oat, straw 0.2 None Rye, forage 2.5 None Rye, grain 0.05 None Rye, straw 0.1 None Wheat, forage 2.5 None Wheat, grain 0.05 None Wheat, straw 0.2 None There are no U.S. registrations for banana (whole) as of September 22, 1993. [73 FR 54962, Sept. 24, 2008, as amended at 74 FR 47457, Sept. 16, 2009; 76 FR 34885, June 15, 2011] § 180.451 Tribenuron methyl; tolerances for residues. Barley, grain 0.05 Barley, hay 0.4 Barley, straw 0.10 Canola, seed 0.02 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide tribenuron methyl and its metabolites and degradates in or on the commodities in the following table. Compliance with the tolerance levels speci�ed below is to be determined by measuring only tribenuron methyl, methyl-2-[[[[N-(4-methoxy-6-methyl-1,3,5-triazin-2-yl) methylamino] carbonyl] amino] sulfonyl] benzoate, in or on the following commodities: Commodity Parts per million Expiration/Revocation Date Commodity Parts per million https://www.federalregister.gov/citation/73-FR-54962 https://www.federalregister.gov/citation/74-FR-47457 https://www.federalregister.gov/citation/76-FR-34885 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 542/1218 Corn, �eld, forage 0.15 Corn, �eld, grain 0.01 Corn, �eld, stover 1.1 Cotton, gin byproducts 0.02 Cotton, undelinted seed 0.02 Flax, seed 0.02 Grain, aspirated fractions 1.5 Oat, forage 0.05 Oat, grain 0.05 Oat, hay 0.05 Oat, straw 0.10 Rice, grain 0.05 Sorghum, grain, forage 0.05 Sorghum, grain, grain 0.05 Sorghum, grain, stover 0.05 Soybean, forage 0.07 Soybean, hay 0.35 Soybean, hulls 0.04 Soybean, seed 0.01 Sun�ower, seed 0.05 Wheat, forage 0.3 Wheat, grain 0.05 Wheat, hay 0.5 Wheat, straw 0.10 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 543/1218 Grass, forage, fodder and hay, group 17, except bermudagrass; forage 0.10 Grass, forage, fodder and hay, group 17, except bermudagrass; hay 0.10 [69 FR 56718, Sept. 22, 2004, as amended at 72 FR 11789, Mar. 14, 2007; 73 FR 47065, Aug. 13, 2008; 74 FR 67128, Dec. 18, 2009; 76 FR 34885, June 15, 2011; 80 FR 72599, Nov. 20, 2015] § 180.452 Primisulfuron-methyl; tolerances for residues. Cattle, fat 0.10 Cattle, meat 0.10 Cattle, meat byproducts 0.10 Corn, �eld, forage 0.10 Corn, �eld, grain 0.02 Corn, �eld, stover 0.10 Corn, pop, grain 0.02 Corn, pop, stover 0.10 Egg 0.10 Goat, fat 0.10 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l) are established for residues of the herbicide tribenuron methyl (methyl-2-[[[[N (4-methoxy-6-methyl-1,3,5-triazin-2-yl) methylamino] carbonyl]amino]sulfonyl] benzoate) in or on the following raw agricultural commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of primisulfuron-methyl (3-[4,6-bis (di�uoromethoxy)-pyrimidin-2-yl]-1-(2-methoxycarbonylphenylsulfonyl) urea) in or on the following raw agricultural commodities. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/69-FR-56718 https://www.federalregister.gov/citation/72-FR-11789 https://www.federalregister.gov/citation/73-FR-47065 https://www.federalregister.gov/citation/74-FR-67128 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/80-FR-72599 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 544/1218 Goat, meat 0.10 Goat, meat byproducts 0.10 Hog, fat 0.10 Hog, meat 0.10 Hog, meat byproducts 0.10 Horse, fat 0.10 Horse, meat 0.10 Horse, meat byproducts 0.10 Milk 0.02 Poultry, fat 0.10 Poultry, meat 0.10 Poultry, meat byproducts 0.10 Sheep, fat 0.10 Sheep, meat 0.10 Sheep, meat byproducts 0.10 [55 FR 21548, May 25, 1990, as amended at 62 FR 66020, Dec. 17, 1997; 63 FR 66458, Dec. 2, 1998; 67 FR 35049, May 17, 2002; 74 FR 46375, Sept. 9, 2009; 74 FR 46699, Sept. 11, 2009; 77 FR 59128, Sept. 26, 2012] § 180.454 Nicosulfuron; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide nicosulfuron, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only nicosulfuron, 2-[[[[(4,6-dimethoxy-2 pyrimidinyl)amino]carbonyl]amino]sulfonyl]-N,N-dimethyl-3-pyridinecarboxamide. Commodity Parts per million https://www.federalregister.gov/citation/55-FR-21548 https://www.federalregister.gov/citation/62-FR-66020 https://www.federalregister.gov/citation/63-FR-66458 https://www.federalregister.gov/citation/67-FR-35049 https://www.federalregister.gov/citation/74-FR-46375 https://www.federalregister.gov/citation/74-FR-46699 https://www.federalregister.gov/citation/77-FR-59128 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 545/1218 Cattle, fat 0.01 Cattle, meat 0.01 Cattle, meat byproducts 0.05 Corn, �eld, forage 0.1 Corn, �eld, grain 0.1 Corn, �eld, stover 0.1 Corn, pop, grain 0.1 Corn, pop, stover 0.1 Corn, sweet, forage 0.1 Corn, sweet, kernel plus cob with husks removed 0.1 Corn, sweet, stover 0.1 Goat, fat 0.01 Goat, meat 0.01 Goat, meat byproducts 0.05 Grass, forage 9.0 Grass, hay 25.0 Horse, fat 0.01 Horse, meat 0.01 Horse, meat byproducts 0.05 Milk 0.01 Sheep, fat 0.01 Sheep, meat 0.01 Sheep, meat byproducts 0.05 Sorghum, grain, forage 0.3 CommodityCommodity Parts per millionParts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 546/1218 Sorghum, grain, grain 0.8 Sorghum, grain, stover 0.05 [75 FR 17578, Apr. 7, 2010, as amended at 80 FR 68265, Nov. 4, 2015] § 180.455 Procymidone; tolerances for residues. A tolerance is established for the residues of the fungicide procymidone, N-(3,5-dichlorophenyl)-1,2 dimethylcyclopropane-1,2 dicarboximide, in or on the following raw agricultural commodity: Grape, wine 5.0 [59 FR 42514, Aug. 18, 1994] § 180.457 Bitertanol; tolerances for residues. Banana 0.5 There are no U.S. registrations as of April 1, 1992. [74 FR 47457, Sept. 16, 2009] § 180.458 Clethodim; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. A tolerance is established for the residues of the fungicide bitertanol, β-([1,1′ biphenyl]-4-yloxy)-α-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol, in or on the following raw agricultural commodity: 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/75-FR-17578 https://www.federalregister.gov/citation/80-FR-68265 https://www.federalregister.gov/citation/59-FR-42514 https://www.federalregister.gov/citation/74-FR-47457 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 547/1218 Alfalfa, forage 6.0 Alfalfa, hay 10 Almond, hulls 0.20 Artichoke, globe 1.2 Berry, low growing, subgroup 13-07G, except cranberry 3.0 Beet, sugar, molasses 1.0 Beet, sugar, roots 0.20 Beet, sugar, tops 1.0 Brassica, leafy, greens, subgroup 4-16B 3.0 Bushberry subgroup 13-07B 0.20 Caneberry subgroup 13-07A 0.30 Canola, meal 1.0 Cattle, fat 0.2 Cattle, meat 0.2 Cattle, meat byproducts 0.2 Clover, forage 10.0 Clover, hay 20.0 Corn, �eld, forage 0.2 Corn, �eld, grain 0.2 (a) General. Tolerances are established for residues of the herbicide clethodim, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of clethodim, 2-[(1E)-1-[[[(2E)-3-chloro-2 propenyl]oxy]imino]propyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-one, and its metabolites containing the 5-(2-ethylthiopropyl)cyclohexene-3-one and 5-(2 ethylthiopropyl)-5-hydroxycyclohexene-3-one moieties and their sulphoxides and sulphones, calculated as the stoichiometric equivalent of clethodim, in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 548/1218 Corn, �eld, stover 0.2 Cotton, meal 2.0 Cottonseed subgroup 20C 1.0 Cranberry 0.50 Egg 0.2 Flax, meal 1.0 Flax, seed 0.6 Fruit, pome, group 11-10 0.20 Fruit, stone, group 12-12 0.20 Goat, fat 0.2 Goat, meat 0.2 Goat, meat byproducts 0.2 Herb subgroup 19A 12.0 Hog, fat 0.2 Hog, meat 0.2 Hog, meat byproducts 0.2 Hop, dried cones 0.5 Horse, fat 0.2 Horse, meat 0.2 Horse, meat byproducts 0.2 Kohlrabi 3.0 Leaf petiole vegetable subgroup 22B 0.60 Leafy greens subgroup 4-16A 2.0 Melon subgroup 9A 2.0 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 549/1218 Milk 0.05 Nut, tree, group 14-12 0.20 Okra 1.5 Onion, bulb, subgroup 3-07A 0.50 Onion, green, subgroup 3-07B 2.0 Peanut 3.0 Peanut, hay 3.0 Peanut, meal 5.0 Peppermint, tops 5.0 Potato, granules/�akes 2.0 Poultry, fat 0.2 Poultry, meat 0.2 Poultry, meat byproducts 0.2 Radish, tops 0.70 Rapeseed subgroup 20A, except �ax seed 0.50 Sa�ower, meal 10.0 Sheep, fat 0.2 Sheep, meat 0.2 Sheep, meat byproducts 0.2 Soybean 10.0 Spearmint, tops 5.0 Squash/cucumber subgroup 9B 0.50 Stalk and stem vegetable subgroup 22A 1.7 Stevia, dried leaves 12 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 550/1218 Sun�ower, meal 10.0 Sun�ower subgroup 20B 5.0 Vegetable, brassica, head and stem, group 5-16 3.0 Vegetable, fruiting, group 8-10, except okra 1.0 Vegetable, legume, group 6, except soybean 3.5 Vegetable, root, except sugar beet, subgroup 1B 1.0 Vegetable, tuberous and corm, subgroup 1C 1.0 This tolerance expires on October 12, 2018. [76 FR 23496, Apr. 27, 2011, as amended at 77 FR 59128, Sept. 26, 2012; 81 FR 27342, May 6, 2016; 83 FR 15753, Apr. 12, 2018] § 180.459 Triasulfuron; tolerances for residues. Barley, grain 0.02 Barley, straw 2.0 Cattle, fat 0.1 Cattle, kidney 0.5 Cattle, meat byproducts, except kidney 0.1 Cattle, meat 0.1 Goat, fat 0.1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide triasulfuron [3-(6 methoxy-4-methyl-1,3,5-triazin-2-yl)-1-(2-(2-chloroethoxy)phenylsulfonyl)urea] in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/76-FR-23496 https://www.federalregister.gov/citation/77-FR-59128 https://www.federalregister.gov/citation/81-FR-27342 https://www.federalregister.gov/citation/83-FR-15753 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 551/1218 Goat, kidney 0.5 Goat, meat byproducts, except kidney 0.1 Goat, meat 0.1 Grass, forage 7.0 Grass, hay 2.0 Hog, fat 0.1 Hog, kidney 0.5 Hog, meat byproducts 0.1 Hog, meat 0.1 Horse, fat 0.1 Horse, kidney 0.5 Horse, meat byproducts, except kidney 0.1 Horse, meat 0.1 Milk 0.02 Sheep, fat 0.1 Sheep, kidney 0.5 Sheep, meat byproducts, except kidney 0.1 Sheep, meat 0.1 Wheat, forage 5.0 Wheat, grain 0.02 Wheat, straw 2.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 552/1218 [60 FR 36731, July 18, 1995, as amended at 63 FR 44152, Aug. 18, 1998; 63 FR 66449, Dec. 2, 1998] § 180.460 Benoxacor; tolerances for residues. [63 FR 7305, Feb. 13, 1998, as amended at 70 FR 21631, Apr. 27, 2005] § 180.461 Cadusafos; tolerances for residues. A tolerance is established for the residues of the nematicide/insecticide cadusafos, O-ethyl S,S-di sec-butyl phosphorodithioate, in or on the following raw agricultural commodity: Banana 0.01 There are no U.S. registrations as of May 10, 1994, for the nematicide/insecticid cadusafos. [59 FR 39467, Aug. 3, 1994] § 180.462 Pyridate; tolerances for residues. Brassica, head and stem, subgroup 5A 0.03 Cabbage 0.03 Chickpea, seed 0.1 (a) General. Tolerances are established for residues of the inert ingredient (safener) benoxacor (4-(dichloroacetyl)-3,4-dihydro-3-methyl-2H-1, 4-benzoxazine) at 0.01 parts per million (ppm) when used in pesticide formulations containing metolachlor or S metolachlor in or on raw agricultural commodities for which tolerances have been established for metolachlor or S-metolachlor. (b) Section 18 energency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide pyridate, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of pyridate, O-(6-chloro-3-phenyl-4-pyridazinyl)-S-octyl carbonothioate, and its metabolites, 6-chloro-3-phenyl-pyridazine-4-ol and conjugates of 6-chloro-3-phenyl-pyridazine-4-ol, calculated as the stoichiometric equivalent of pyridate, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/60-FR-36731 https://www.federalregister.gov/citation/63-FR-44152 https://www.federalregister.gov/citation/63-FR-66449 https://www.federalregister.gov/citation/63-FR-7305 https://www.federalregister.gov/citation/70-FR-21631 https://www.federalregister.gov/citation/59-FR-39467 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 553/1218 Collards 0.03 Corn, �eld, forage 0.03 Corn, �eld, grain 0.03 Corn, �eld, stover 0.03 Corn, pop, grain 0.03 Corn, pop, stover 0.03 Peanut 0.03 Peppermint, tops 0.20 Spearmint, tops 0.20 [57 FR 54303, Nov. 18, 1992, as amended at 62 FR 44558, Aug. 22, 1997; 63 FR 53844, Oct. 7, 1998; 64 FR 46298, Aug. 25, 1999; 65 FR 25652, May 3, 2000; 67 FR 35049, May 17, 2002; 72 FR 35665, June 29, 2007; 74 FR 46376, Sept. 9, 2009; 76 FR 23496, Apr. 27, 2011] § 180.463 Quinclorac; tolerances for residues. Table 1 to Paragraph (a)(1) Asparagus 0.08 Bushberry, subgroup 13-07B 0.08 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) (1) General. Tolerances are established for residues of the herbicide quinclorac, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only quinclorac, 3,7-dichloro-8-quinolinecarboxylic acid, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/57-FR-54303 https://www.federalregister.gov/citation/62-FR-44558 https://www.federalregister.gov/citation/63-FR-53844 https://www.federalregister.gov/citation/64-FR-46298 https://www.federalregister.gov/citation/65-FR-25652 https://www.federalregister.gov/citation/67-FR-35049 https://www.federalregister.gov/citation/72-FR-35665 https://www.federalregister.gov/citation/74-FR-46376 https://www.federalregister.gov/citation/76-FR-23496 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 554/1218 Caneberry subgroup 13-07A 0.08 Barley, grain 2.0 Berry, low growing, except strawberry, subgroup 13 07H 1.5 Cattle, fat 0.7 Cattle, meat byproducts 1.5 Cattle, meat 0.05 Egg 0.05 Goat, fat 0.7 Goat, meat byproducts 1.5 Goat, meat 0.05 Grain, aspirated fractions 1200 Grass, forage 150 Grass, hay 130 Hog, fat 0.7 Hog, meat byproducts 1.5 Hog, meat 0.05 Horse, fat 0.7 Horse, meat byproducts 1.5 Horse, meat 0.05 Milk 0.05 Poultry, fat 0.05 Poultry, meat byproducts 0.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 555/1218 Poultry, meat 0.05 Rhubarb 0.5 Rice, bran 30 Rice, grain 10 Sheep, fat 0.7 Sheep, meat byproducts 1.5 Sheep, meat 0.05 Sorghum, grain, forage 3.0 Sorghum, grain, grain 6.0 Sorghum, grain, stover 1.0 Wheat, forage 1.0 Wheat, germ 0.75 Wheat, grain 0.5 Wheat, hay 0.5 Wheat, straw 0.1 Rapeseed, subgroup 20A 1.5 There are no U.S. Registrations. (2) Tolerances are established for residues of the herbicide quinclorac, including its metabolites and degradates, in or on the commodity in the following table. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only quinclorac, 3,7-dichloro-8-quinolinecarboxylic acid, and its methyl ester, methyl-3,7-dichloro-8-quinolinecarboxylate, calculated as the stoichiometric equivalent of quinclorac, in or on the commodity. 1 1 Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 556/1218 Cranberry 15.0 12/31/12 [57 FR 47996, Oct. 21, 1992, as amended at 64 FR 6548, 6549, Feb. 10, 1999; 64 FR 14632, Mar. 26, 1999; 65 FR 33701, May 24, 2000; 67 FR 35049, May 17, 2002; 72 FR 55073, Sept. 28, 2007; 74 FR 51490, Oct. 7, 2009; 74 FR 67090, Dec. 18, 2009; 76 FR 23497, Apr. 27, 2011; 77 FR 75566, Dec. 21, 2012; 78 FR 71528, Nov. 29, 2013; 80 FR 72599, Nov. 20, 2015; 82 FR 57149, Dec. 4, 2017; 85 FR 43702, July 20, 2020] § 180.464 Dimethenamid; tolerances for residues. Bean, dry, seed 0.01 Beet, garden, roots 0.01 Beet, garden, tops 0.01 Beet, sugar, dried pulp 0.01 Beet, sugar, molasses 0.01 Beet, sugar, roots 0.01 Beet, sugar, tops 0.01 Corn, �eld, forage 0.01 Corn, �eld, grain 0.01 Corn, �eld, stover 0.01 (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of the herbicide quinclorac, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only quinclorac, 3,7-dichloro-8 quinolinecarboxylic acid, in or on the commodity. The tolerance expires and is revoked on the date speci�ed in the table in this paragraph. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide dimethenamid, 1(R,S)-2 chloro-N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-dimethylthien-3-yl)-acetamide, applied as either the 90:10 or 50:50 S:R isomers, in or on the following food commodities: Commodity Parts per million Expiration/revocation date Commodity Parts per million https://www.federalregister.gov/citation/57-FR-47996 https://www.federalregister.gov/citation/64-FR-6548 https://www.federalregister.gov/citation/64-FR-6549 https://www.federalregister.gov/citation/64-FR-14632 https://www.federalregister.gov/citation/65-FR-33701 https://www.federalregister.gov/citation/67-FR-35049 https://www.federalregister.gov/citation/72-FR-55073 https://www.federalregister.gov/citation/74-FR-51490 https://www.federalregister.gov/citation/74-FR-67090 https://www.federalregister.gov/citation/76-FR-23497 https://www.federalregister.gov/citation/77-FR-75566 https://www.federalregister.gov/citation/78-FR-71528 https://www.federalregister.gov/citation/80-FR-72599 https://www.federalregister.gov/citation/82-FR-57149 https://www.federalregister.gov/citation/85-FR-43702 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 557/1218 Corn, pop, forage 0.01 Corn, pop, grain 0.01 Corn, pop, stover 0.01 Corn, sweet, forage 0.01 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 0.01 Cotton, gin byproducts 1.5 Cottonseed subgroup 20C 0.01 Garlic 0.01 Grass, forage 0.15 Grass, hay 2.5 Grass, seed screenings 0.01 Grass, straw 0.01 Hop, dried cones 0.05 Horseradish 0.01 Leek 0.01 Onion, bulb 0.01 Onion, green 0.01 Onion, Welsh 0.01 Peanut 0.01 Peanut, hay 0.01 Radish, roots 0.01 Radish, tops 0.01 Rutabaga, roots 0.01 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 558/1218 Rutabaga, tops 0.1 Shallot, bulb 0.01 Shallot, fresh leaves 0.01 Sorghum, grain, forage 0.01 Sorghum, grain, grain 0.01 Sorghum, grain, stover 0.01 Soybean, seed 0.01 Turnip, greens 0.1 Turnip, roots 0.01 Turnip, tops 0.1 Vegetable, tuberous and corm, subgroup 1C 0.01 Pumpkin 0.01 Squash, winter 0.01 [65 FR 51551, Aug. 24, 2000, as amended at 67 FR 46884, July 17, 2002; 69 FR 29459, May 24, 2004; 69 FR 57207, Sept. 24, 2004; 70 FR 24712, May 11, 2005; 71 FR 25942, May 3, 2006; 71 FR 49354, Aug. 23, 2006; 72 FR 44388, Aug. 8, 2007; 72 FR 73630, Dec. 28, 2007; 80 FR 9215, Feb. 20, 2015] ยง 180.465 4-(Dichloroacetyl)-1-oxa-4-azaspiro[4.5]decane. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration are established for residues of dimethenamid, 1 (R,S)-2-chloro-N-[(1-methyl-2-methoxy) ethyl] N-(2,4-dimethylthien-3-yl)-acetamide) in or on the following raw agricultural commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the residues of 4-(dichloroacetyl)-1-oxa-4 azaspiro[4.5]decane, (CAS No. 71526-07-3) when used as an inert ingredient (safener) in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-51551 https://www.federalregister.gov/citation/67-FR-46884 https://www.federalregister.gov/citation/69-FR-29459 https://www.federalregister.gov/citation/69-FR-57207 https://www.federalregister.gov/citation/70-FR-24712 https://www.federalregister.gov/citation/71-FR-25942 https://www.federalregister.gov/citation/71-FR-49354 https://www.federalregister.gov/citation/72-FR-44388 https://www.federalregister.gov/citation/72-FR-73630 https://www.federalregister.gov/citation/80-FR-9215 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 559/1218 Corn, �eld, forage 0.005 Corn, �eld, grain 0.005 Corn, �eld, stover 0.005 Corn, pop, grain 0.005 Corn, pop, stover 0.005 There are no U.S. registered products containing 4-(dichloroacetyl)-1-oxa-4-azaspiro[4.5]decane as of June 17, 2002. [68 FR 4392, Jan. 29, 2003] § 180.466 Fenpropathrin; tolerances for residues. Acerola 3.0 Almond, hulls 4.5 Atemoya 1.5 Avocado 1.0 Barley, grain 0.04 Barley, hay 3.0 Barley, straw 2.0 Berry, low growing, subgroup 13-07G 2.0 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of fenpropathrin, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed below is to be determined by measuring only fenpropathrin (alpha-cyano-3-phenoxy-benzyl 2,2,3,3 tetramethylcyclopropanecarboxylate). CommodityCommodity11 Parts per millionParts per million Commodity Parts per million https://www.federalregister.gov/citation/68-FR-4392 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 560/1218 Biriba 1.5 Brassica, head and stem, subgroup 5A 3.0 Bushberry subgroup 13-07B 3.0 Caneberry subgroup 13-07A 12 Canistel 1.0 Cattle, fat 1.0 Cattle, meat byproducts 0.1 Cattle, meat 0.1 Cherimoya 1.5 Cherry, sweet 5.0 Cherry, tart 5.0 Citrus, dried pulp 4.0 Citrus, oil 75 Cotton, re�ned oil 3.0 Cotton, undelinted seed 1.0 Custard apple 1.5 Egg 0.05 Feijoa 3.0 Fruit, citrus, group 10-10 2.0 Fruit, pome, group 11-10 5.0 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 5.0 Fruit, stone, crop group 12, except cherry 1.4 Goat, fat 1.0 Goat, meat byproducts 0.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 561/1218 Goat, meat 0.1 Grape, raisin 10.0 Guava 3.0 Hog, fat 1.0 Hog, meat byproducts 0.1 Hog, meat 0.1 Horse, fat 1.0 Horse, meat byproducts 0.1 Horse, meat 0.1 Ilama 1.5 Jaboticaba 3.0 Longan 7.0 Lychee 7.0 Mango 1.0 Melon subgroup 9A 0.5 Milk, fat (re�ecting 0.08 ppm in whole milk) 2.0 Nut, tree, crop group 14 0.10 Olive 5.0 Papaya 1.0 Passionfruit 3.0 Pea, succulent 0.02 Peanut, hay 20.0 Peanut 0.01 Pistachio 0.10 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 562/1218 Poultry, fat 0.05 Poultry, meat byproducts 0.05 Poultry, meat 0.05 Pulasan 7.0 Rambutan 7.0 Sapodilla 1.0 Sapote, black 1.0 Sapote, mamey 1.0 Sheep, fat 1.0 Sheep, meat byproducts 0.1 Sheep, meat 0.1 Soursop 1.5 Spanish lime 7.0 Squash/Cucumber subgroup 9B 0.5 Star apple 1.0 Starfruit 3.0 Sugar apple 1.5 Tea, dried 2.0 Vegetable, fruiting, group 8-10 1.0 Wax jambu 3.0 There are no U.S. registrations as of November 28, 2012, for the use of fenpropathrin on tea, dried. 1 1 (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in Table 2 to this paragraph (b) are established for residues of fenpropathrin, (alpha-cyano-3-phenoxy benzyl 2,2,3,3 tetramethylcyclopropane carboxylate) in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. The tolerance expires on the date speci�ed in Table 2. Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.466#p-180.466(b) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 563/1218 Table 2 to Paragraph (b) Kiwifruit, fuzzy 5 12/31/2022 [62 FR 63034, Nov. 26, 1997, as amended at 63 FR 48116, Sept. 9, 1998; 64 FR 3009, Jan. 20, 1999; 65 FR 11242, Mar. 2, 2000; 65 FR 24397, Apr. 26, 2000; 65 FR 48620, Aug. 9, 2000; 66 FR 64774, Dec. 14, 2001; 67 FR 35049, May 17, 2002; 70 FR 38789, July 6, 2005; 70 FR 55747, Sept. 23, 2005; 74 FR 12606, Mar. 25, 2009; 77 FR 70908, Nov. 28, 2012; 78 FR 69569, Nov. 20, 2013; 84 FR 70434, Dec. 23, 2019] § 180.467 Carbon disul�ide; tolerances for residues. Tolerances are established for the nematicide, insecticide, and fungicide carbon disul�de, from the application of sodium tetrathiocarbonate, in or on the following raw agricultural commodities: Almond 0.1 Almond, hulls 0.1 Grape 0.1 Grapefruit 0.1 Lemon 0.1 Orange, sweet 0.1 Peach 0.1 Plum, prune, fresh 0.1 [58 FR 33771, June 21, 1993, as amended at 62 FR 26949, May 16, 1997] § 180.468 Flumetsulam; tolerances for residues. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide �umetsulam, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by Commodity Parts per million Expiration date Commodity Parts per million https://www.federalregister.gov/citation/62-FR-63034 https://www.federalregister.gov/citation/63-FR-48116 https://www.federalregister.gov/citation/64-FR-3009 https://www.federalregister.gov/citation/65-FR-11242 https://www.federalregister.gov/citation/65-FR-24397 https://www.federalregister.gov/citation/65-FR-48620 https://www.federalregister.gov/citation/66-FR-64774 https://www.federalregister.gov/citation/67-FR-35049 https://www.federalregister.gov/citation/70-FR-38789 https://www.federalregister.gov/citation/70-FR-55747 https://www.federalregister.gov/citation/74-FR-12606 https://www.federalregister.gov/citation/77-FR-70908 https://www.federalregister.gov/citation/78-FR-69569 https://www.federalregister.gov/citation/84-FR-70434 https://www.federalregister.gov/citation/58-FR-33771 https://www.federalregister.gov/citation/62-FR-26949 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 564/1218 Bean, dry, seed 0.05 Corn, �eld, forage 0.05 Corn, �eld, grain 0.05 Corn, �eld, stover 0.05 Soybean, seed 0.05 [76 FR 23497, Apr. 27, 2011] § 180.469 Dichlormid; tolerances for residues. Corn, �eld, forage 0.05 Corn, �eld, grain 0.05 Corn, �eld, stover 0.05 Corn, pop, grain 0.05 Corn, pop, stover 0.05 Corn, sweet, forage 0.05 Corn, sweet, kernel plus cob with husks removed 0.05 measuring only �umetsulam, N-(2,6-di�uorophenyl)-5-methyl-(1,2,4)-triazolo-(1,5a) pyrimidine-2-sulfonamide, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of dichlormid, including its metabolites and degradates, when used as an inert ingredient (herbicide safener) in pesticide formulations, in or on the commodities in the following table. Compliance with the tolerances is to be determined by measuring only dichlormid (2,2-dichloro-N,N-di-2 propenylacetamide). Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/76-FR-23497 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 565/1218 Corn, sweet, stover 0.05 [65 FR 16149, Mar. 27, 2000, as amended at 67 FR 51105, Aug. 7, 2002; 69 FR 58290, Sept. 30, 2004; 70 FR 76699, Dec. 28, 2005; 74 FR 37623, July 29, 2009; 76 FR 16310, Mar. 23, 2011; 81 FR 69406, Oct. 6, 2016] § 180.470 Acetochlor; tolerances for residues. Alfalfa, forage 8.0 Alfalfa, hay 20 Beet, sugar, dried pulp 0.50 Beet, sugar, molasses 0.80 Beet, sugar, roots 0.30 Beet, sugar, tops 0.70 Cattle, fat 0.02 Cattle, kidney 0.03 (2) Tolerances are established for residues of dichlormid, including its metabolites and degradates, at 0.05 parts per million (ppm) when used as an inert ingredient (herbicide safener) in pesticide formulations containing metolachlor or S metolachlor in or on raw agricultural commodities for which tolerances have been established for metolachlor or S-metolachlor. Compliance with the tolerances is to be determined by measuring only dichlormid (2,2-dichloro-N,N-di-2 propenylacetamide). (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of acetochlor, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only acetochlor, 2 chloro-2'-methyl-6-ethyl-N-ethoxymethylacetanilide, and its metabolites containing the ethyl methyl aniline (EMA) moiety and the hydroxyethyl methyl aniline (HEMA) moiety. Both parent and the named metabolites shall be determined as ethyl methyl aniline (EMA) and hydroxyethyl methyl aniline (HEMA), and calculated as the stoichiometric equivalents of acetochlor, in or on the following commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-16149 https://www.federalregister.gov/citation/67-FR-51105 https://www.federalregister.gov/citation/69-FR-58290 https://www.federalregister.gov/citation/70-FR-76699 https://www.federalregister.gov/citation/74-FR-37623 https://www.federalregister.gov/citation/76-FR-16310 https://www.federalregister.gov/citation/81-FR-69406 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 566/1218 Cattle, meat 0.02 Cattle, meat byproducts, except kidney 0.02 Corn, �eld, forage 4.5 Corn, �eld, grain 0.05 Corn, �eld, stover 2.5 Corn, pop, grain 0.05 Corn, pop, stover 2.5 Corn, sweet, forage 1.5 Corn, sweet, kernels plus cob with husks removed 0.05 Corn, sweet, stover 1.0 Cotton, gin byproducts 4.0 Cotton, undelinted seed 0.6 Goat, fat 0.02 Goat, kidney 0.03 Goat, meat 0.02 Goat, meat byproducts, except kidney 0.02 Hog, kidney 0.02 Horse, fat 0.02 Horse, kidney 0.03 Horse, meat 0.02 Horse, meat byproducts, except kidney 0.02 Milk 0.02 Peanut 0.20 Peanut, hay 7.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 567/1218 Peanut, meal 0.25 Sheep, fat 0.02 Sheep, kidney 0.03 Sheep, meat 0.02 Sheep, meat byproducts, except kidney 0.02 Sorghum, grain, forage 1.6 Sorghum, grain, grain 0.05 Sorghum, grain, stover 1.7 Soybean, meal 1.2 Soybean, seed 1.0 Animal feed, nongrass, group 18, except alfalfa, forage 1.3 Animal feed, nongrass, group 18, except alfalfa, hay 3.5 Grain, cereal, forage, fodder and straw, group 16, except corn, grain sorghum, rice and wheat, forage 0.5 Grain, cereal, forage, fodder and straw, group 16, except corn, grain sorghum, rice and wheat, hay 2.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of acetochlor, including its metabolites and degradates, in or on the raw agricultural commodities in the table to this paragraph when present therein as a result of application of acetochlor to the growing crops in the table to paragraph (a) of this section. Compliance with the tolerance levels speci�ed below is to be determined by measuring only acetochlor, 2-chloro-2'-methyl-6-ethyl-N-ethoxymethylacetanilide, and its metabolites containing the ethyl methyl aniline (EMA) moiety and the hydroxyethyl methyl aniline (HEMA) moiety. Both parent and the named metabolites shall be determined as ethyl methyl aniline (EMA) and hydroxyethyl methyl aniline (HEMA), and calculated as the stoichiometric equivalents of acetochlor, in or on the following commodities. Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.470#p-180.470(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 568/1218 Grain, cereal, forage, fodder and straw, group 16, except corn, grain sorghum, rice and wheat, stover 0.1 Grain, cereal, forage, fodder and straw, group 16, except corn, grain sorghum, and wheat, straw 0.3 Grain, cereal, group 15, except corn, grain sorghum, and wheat, grain 0.05 Pea and bean, dried shelled, except soybean, subgroup 6C 0.05 Potato 0.05 Soybean, forage 0.7 Soybean, hay 1.0 Sun�ower, seed 0.05 Wheat, forage 0.5 Wheat, grain 0.02 Wheat, hay 2.0 Wheat, straw 0.1 [72 FR 27468, May 16, 2007, as amended at 74 FR 29969, June 24, 2009; 74 FR 47450, Sept. 16, 2009; 78 FR 13268, Feb. 27, 2013; 79 FR 3517, Jan. 22, 2014; 83 FR 29028, June 22, 2018] § 180.471 Furilazole; tolerances for residues. Corn, �eld, forage 0.01 Corn, �eld, grain 0.01 (a) General. Tolerances are established for residues of furilazole, including its metabolites and degradates, when used as an inert ingredient (safener) in pesticide formulations applied to the following raw agricultural commodities. Compliance with the tolerance levels speci�ed in the table in this paragraph (a) is to be determined by measuring only furilazole, 3-dichloroacetyl-5-(2-furanyl)-2, 2-dimethyloxazolidine (CAS Reg. No. 121776 33-8) in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-27468 https://www.federalregister.gov/citation/74-FR-29969 https://www.federalregister.gov/citation/74-FR-47450 https://www.federalregister.gov/citation/78-FR-13268 https://www.federalregister.gov/citation/79-FR-3517 https://www.federalregister.gov/citation/83-FR-29028 https://www.ecfr.gov/current/title-40/section-180.471#p-180.471(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 569/1218 Corn, �eld, stover 0.01 Corn, pop, grain 0.01 Corn, pop, stover 0.01 Corn, sweet, forage 0.01 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 0.01 Sorghum, forage 0.01 Sorghum, grain 0.01 Sorghum, stover 0.01 [65 FR 8867, Feb. 23, 2000, as amended at 67 FR 15735, Apr. 3, 2002; 72 FR 57492, Oct. 10, 2007; 84 FR 52774, Oct. 3, 2019] § 180.472 Imidacloprid; tolerances for residues. Acerola 1.0 Almond, hulls 4.0 Apple 0.5 Apple, wet pomace 3.0 Artichoke, globe 2.5 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide imidacloprid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of imidacloprid (1-[6-chloro-3-pyridinyl) methyl]-N-nitro-2-imidazolidinimine) and its metabolites containing the 6-chloropyridinyl moiety, calculated as the stoichiometric equivalent of imidacloprid, in or on the following commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-8867 https://www.federalregister.gov/citation/67-FR-15735 https://www.federalregister.gov/citation/72-FR-57492 https://www.federalregister.gov/citation/84-FR-52774 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 570/1218 Aspirated grain fractions 240 Atemoya 0.30 Avocado 1.0 Banana 0.50 Beet, sugar, molasses 0.30 Beet, sugar, roots 0.05 Beet, sugar, tops 0.50 Biriba 0.30 Blueberry 3.5 Borage, seed 0.05 Caneberry, subgroup 13-A 2.5 Canistel 1.0 Canola, seed 0.05 Cattle, fat 0.30 Cattle, meat 0.30 Cattle, meat byproducts 0.30 Cherimoya 0.30 Citrus, dried pulp 5.0 Coffee, bean, green 0.80 Cotton, gin byproducts 4.0 Cotton, meal 8.0 Cotton, undelinted seed 6.0 Crambe, seed 0.05 Cranberry 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 571/1218 Currant 3.5 Custard apple 0.30 Egg 0.02 Elderberry 3.5 Feijoa 1.0 Fish 0.05 Fish-shell�sh, mollusc 0.05 Flax, seed 0.05 Fruit, citrus, group 10 0.70 Fruit, pome, group 11 0.6 Fruit, stone, group 12 3.0 Goat, fat 0.30 Goat, meat 0.30 Goat, meat byproducts 0.30 Gooseberry 3.5 Grain, cereal, forage, fodder and straw, group 16, forage, except rice 7.0 Grain, cereal, forage, fodder and straw, group 16, hay, except rice 6.0 Grain, cereal, forage, fodder and straw, group 16, stover, except rice 0.30 Grain, cereal, forage, fodder and straw, group 16, straw, except rice 3.0 Grain, cereal, group 15, except rice 0.05 Grape 1.0 Grape, juice 1.5 Grape, raisin 1.5 Guava 1.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 572/1218 Herbs subgroup 19A, dried herbs 48 Herbs subgroup 19-A, fresh herbs 8.0 Hog, fat 0.30 Hog, meat 0.30 Hog, meat byproducts 0.30 Hop, dried cones 6.0 Horse, fat 0.30 Horse, meat 0.30 Horse, meat byproducts 0.30 Huckleberry 3.5 Ilama 0.30 Jaboticaba 1.0 Juneberry 3.5 Kava, leaves 4.0 Kava, roots 0.40 Leaf petioles subgroup 4B 6.0 Leafy greens subgroup 4A 3.5 Lettuce, head 3.5 Lettuce, leaf 3.5 Lingonberry 3.5 Longan 3.0 Lychee 3.0 Mango 1.0 Milk 0.10 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 573/1218 Mustard, black, seed 0.05 Mustard, �eld, seed 0.05 Mustard, Indian, seed 0.05 Mustard, rapeseed, seed 0.05 Mustard, seed 0.05 Nut, tree, group 14 0.05 Okra 1.0 Onion, dry bulbs, subgroup 3-07A 0.15 Onion, green, subgroup 3-07B 2.5 Papaya 1.0 Passionfruit 1.0 Peanut 0.45 Peanut, hay 35 Peanut, meal 0.75 Pecan 0.05 Persimmon 3.0 Pistachio 0.05 Pomegranate 0.90 Potato, chip 0.40 Potato, processed potato waste 0.90 Poultry, fat 0.05 Poultry, meat 0.05 Poultry, meat byproducts 0.05 Pulasan 3.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 574/1218 Rambutan 3.0 Rapeseed, seed 0.05 Raspberry, wild 2.5 Sa�ower, seed 0.05 Salal 3.5 Sapodilla 1.0 Sapote, black 1.0 Sapote, mamey 1.0 Sheep, fat 0.30 Sheep, meat 0.30 Sheep, meat byproducts 0.30 Soursop 0.30 Soybean, forage 8.0 Soybean, hay 35 Soybean, meal 4.0 Soybean, seed 3.5 Spanish lime 3.0 Star apple 1.0 Starfruit 1.0 Strawberry 0.50 Sugar apple 0.30 Sun�ower, seed 0.05 Tomato, paste 6.0 Tomato, puree 3.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 575/1218 Vegetable, brassica leafy, group 5 3.5 Vegetable, cucurbit, group 9 0.5 Vegetable, fruiting, group 8 1.0 Vegetable, leaves of root and tuber, group 2 4.0 Vegetable, legume, group 6, except soybean 4.0 Vegetable, root and tuber, group 1, except sugar beet 0.40 Watercress 3.5 Watercress, upland 3.5 Wax jambu 1.0 Sugarcane, cane 6.0 12/31/18 Sugarcane, molasses 50 12/31/18 (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of the insecticide imidacloprid, including its metabolites and degradates in connection with use of the pesticide under a Section 18 emergency exemption granted by EPA. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of imidacloprid (1-[6-chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine) and its metabolites containing the 6-chloropyridinyl moiety, calculated as the stoichiometric equivalent of imidacloprid. These tolerances will expire and are revoked on the dates speci�ed in the following table: (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of the insecticide imidacloprid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of imidacloprid (1-[6-chloro-3-pyridinyl) methyl]-N-nitro-2-imidazolidinimine) and its metabolites containing the 6-chloropyridinyl moiety, calculated as the stoichiometric equivalent of imidacloprid, in or on the following commodities, when present therein as a result of the application of the pesticide to growing crops listed in this section and other non-food crops as follows: Commodity Parts per million Commodity Parts per million Expiration/revocation date Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 576/1218 Rice, grain 0.05 Vegetable, foliage of legume, group 7 2.5 Vegetable, legume, group 6 0.3 [75 FR 22251, Apr. 28, 2010, as amended at 78 FR 33743, June 5, 2013; 80 FR 78145, Dec. 16, 2015] § 180.473 Glufosinate ammonium; tolerances for residues. Almond, hulls 0.50 Apple 0.05 Banana 0.30 Banana, pulp 0.20 Beet, sugar, molasses 5.0 Beet, sugar, roots 0.9 Beet, sugar, tops (leaves) 1.5 Bushberry subgroup 13B 0.15 Canola, meal 1.1 Canola, seed 0.40 Cattle, fat 0.40 Cattle, meat 0.15 Cattle, meat byproducts 6.0 (a) General. Tolerances are established for residues of the herbicide glufosinate ammonium, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring the sum of glufosinate ammonium, butanoic acid, 2-amino-4-(hydroxymethylphosphinyl) monoammonium salt, and its metabolites, 2-(acetylamino)-4-(hydroxymethyl phosphinyl)butanoic acid, and 3-(hydroxymethylphosphinyl)propanoic acid, expressed as 2-amino-4-(hydroxymethylphosphinyl)butanoic acid equivalents: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/75-FR-22251 https://www.federalregister.gov/citation/78-FR-33743 https://www.federalregister.gov/citation/80-FR-78145 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 577/1218 Corn, �eld forage 4.0 Corn, �eld, grain 0.20 Corn, �eld, stover 6.0 Corn, sweet, forage 1.5 Corn, sweet, kernels plus cob with husks removed 0.30 Corn, sweet, stover 6.0 Cotton, gin byproducts 15 Cotton, undelinted seed 4.0 Egg 0.15 Fruit, citrus, group 10-10 0.15 Fruit, pome, group 11-10 0.25 Fruit, stone, group 12-12 0.30 Goat, fat 0.40 Goat, meat 0.15 Goat, meat byproducts 6.0 Grain aspirated fractions 25 Grape 0.05 Hog, fat 0.40 Hog, meat 0.15 Hog, meat byproducts 6.0 Horse, fat 0.40 Horse, meat 0.15 Horse, meat byproducts 6.0 Juneberry 0.10 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 578/1218 Lingonberry 0.10 Milk 0.15 Nut, tree, group 14-12 0.50 Olive 0.50 Pistachio 0.10 Potato 0.80 Potato, chips 1.6 Potato granules/�akes 2.0 Poultry, fat 0.15 Poultry, meat 0.15 Poultry, meat byproducts 0.60 Rice, grain 1.0 Rice, hull 2.0 Salal 0.10 Sheep, fat 0.40 Sheep, meat 0.15 Sheep, meat byproducts 6.0 Soybean 2.0 Soybean, hulls 10 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional restrictions. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of glufosinate ammonium, including its metabolites and degradates, in or on the commodities in the table below, as a result of the application of glufosinate ammonium to crops listed in paragraph (a) of this section. Compliance with the tolerance levels speci�ed below is to be determined by measuring the sum of glufosinate ammonium, Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.473#p-180.473(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 579/1218 Barley, hay 0.40 Barley, straw 0.40 Buckwheat, fodder 0.40 Buckwheat, forage 0.40 Oat, forage 0.40 Oat, hay 0.40 Oat, straw 0.40 Rye, forage 0.40 Rye, straw 0.40 Teosinte 0.40 Triticale 0.40 Wheat, forage 0.40 Wheat, hay 0.40 Wheat, straw 0.40 [68 FR 55849, Sept. 29, 2003, as amended at 71 FR 25945, May 3, 2006; 72 FR 72625, Dec. 21, 2007; 76 FR 23497, Apr. 27, 2011; 77 FR 59113, Sept. 26, 2012; 80 FR 72599, Nov. 20, 2015; 84 FR 21708, May 15, 2019] § 180.474 Tebuconazole; tolerances for residues. butanoic acid, 2-amino-4-(hydroxymethylphosphinyl) monoammonium salt, and its metabolite, 3-(hydroxymethylphosphinyl) propanoic acid, expressed as 2-amino-4 (hydroxymethylphosphinyl)butanoic acid equivalents. (a) General. (1) Tolerances are established for residues of tebuconazole, alpha-[2-(4 chlorophenyl)ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only tebuconazole [α-[2-(4-chlorophenyl) ethyl]-α-(1,1-dimethylethyl)-1H 1,2,4-triazole-1-ethanol], in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/68-FR-55849 https://www.federalregister.gov/citation/71-FR-25945 https://www.federalregister.gov/citation/72-FR-72625 https://www.federalregister.gov/citation/76-FR-23497 https://www.federalregister.gov/citation/77-FR-59113 https://www.federalregister.gov/citation/80-FR-72599 https://www.federalregister.gov/citation/84-FR-21708 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 580/1218 Almond, hulls 6.0 Apple, wet pomace 0.1 Asparagus 0.05 Banana 0.05 Barley, grain 0.3 Barley, hay 7.0 Barley, straw 3.5 Bean, dry seed 0.1 Bean, succulent 0.1 Beet, garden, roots 0.70 Beet, garden, tops 7.0 Brassica, leafy greens, subgroup 4-16B, except watercress 2.5 Cherry, sweet, pre- and post-harvest 5.0 Cherry, tart, pre- and post-harvest 5.0 Coffee, green bean 0.15 Coffee, roasted bean 0.3 Corn, �eld, forage 4.0 Corn, �eld, grain 0.05 Corn, �eld, stover 3.5 Corn, pop, grain 0.05 Corn, pop, stover 3.5 Corn, sweet, forage 7.0 1 1 CommodityCommodity Parts per million Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 581/1218 Corn, sweet, kernel plus cob with husks removed 0.5 Corn, sweet, stover 6.0 Cotton, gin byproducts 25.0 Cottonseed, subgroup 20C 2 Fruit, pome, group 11-10 1 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 6 Ginseng, dried 0.40 Ginseng, fresh 0.15 Grain, aspirated fractions 16.0 Grass, forage 8.0 Grass, hay 25.0 Grass, seed screenings 55.0 Grass, straw 30.0 Hop, dried cones 35.0 Mango, postharvest 0.15 Nut, tree, group 14-12 0.05 Oat, forage 0.10 Oat, grain 0.15 Oat, hay 0.10 Oat, straw 0.10 Onion, bulb, subgroup 3-07A 0.2 Onion, green, subgroup 3-07B 1.3 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 582/1218 Orange 1.0 Orange, oil 10 Peach subgroup 12-12B 2 Peanut 0.1 Plum subgroup 12-12C 1 Soybean, forage 25 Soybean, hay 50 Soybean, seed 0.08 Sun�ower, subgroup 20B 0.1 Tropical and subtropical, small fruit, inedible peel, subgroup 24A 1.6 Sun�ower, meal 0.2 Sun�ower, re�ned oil 0.2 Vegetable, cucurbit, group 9 0.4 Vegetable, fruiting, group 8-10 1.3 Watercress 9 Wheat, forage 3.0 Wheat, germ 0.20 Wheat, grain 0.15 Wheat, hay 7.0 Wheat, shorts 0.20 Wheat, straw 1.5 There are no U.S. registrations. 1 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 583/1218 Cattle, meat byproducts 0.2 Goat, meat byproducts 0.2 Horse, meat byproducts 0.2 Milk 0.1 Sheep, meat byproducts 0.2 Turnip, roots 0.5 Turnip, tops 7.0 [59 FR 39464, Aug. 3, 1994] § 180.475 Difenoconazole; tolerances for residues. (2) Tolerances are established for residues of the fungicide tebuconazole, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the sum of tebuconazole (alpha-[2-(4 chlorophenyl)ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol) and its diol metabolite (1-(4-chlorophenyl)-4,4-dimethyl-3-(1H -1,2,4-triazole-1-yl-methyl) pentane-3,5-diol), calculated as the stoichiometric equivalent of tebuconzole, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances are established for residues of the fungicide tebuconazole, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed below is to be determined by measuring only tebuconazole, alpha-[2-(4-chlorophenyl)ethyl] alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol, in or on the commodity. (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.474, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/59-FR-39464 https://www.ecfr.gov/current/title-40/section-180.474 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 584/1218 Almond, hulls 7.0 Apple, wet pomace 25 Artichoke, globe 1.5 Aspirated grain fractions 95 Banana 0.2 Barley, grain 0.1 Barley, hay 0.05 Barley, straw 0.05 Beet, sugar, dried pulp 1.9 Berry, low growing, subgroup 13-07G, except cranberry 2.5 Brassica, leafy greens, subgroup 4-16B 35 Bushberry subgroup 13-07B 4.0 Citrus, dried pulp 2.0 Citrus, oil 25 Corn, sweet, forage 0.01 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 0.01 Cotton, gin byproducts 15 Cottonseed subgroup 20C 0.40 Cranberry 0.60 (1) Tolerances are established for residues of difenoconazole, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed below is to be determined by measuring only difenoconazole, 1-[2-[2-chloro-4-(4-chlorophenoxy)phenyl]-4-methyl-1,3-dioxolan-2 ylmethyl]-1H-1,2,4-triazole, in or on the following raw agricultural commodities: 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 585/1218 Dragonfruit 1.5 Fruit, citrus, group 10-10 0.60 Fruit, pome, group 11-10 5.0 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 3.0 Fruit, stone, group 12-12 2.5 Ginseng 1.0 Ginseng 0.8 Grape, raisin 6.0 Guava 3.0 Kohlrabi 2.0 Mango 0.07 Nut, tree, group 14-12 0.03 Oat, forage 0.15 Oat, grain 0.01 Oat, hay 0.05 Oat, straw 0.05 Olive 3 Olive, with pit 2 Onion, bulb, subgroup 3-07A 0.20 Onion, green, subgroup 3-07B 6.0 Papaya 0.60 Pea and bean, dried shelled, except soybean, subgroup 6C 0.20 1 2 1 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 586/1218 Pea, �eld, hay 40 Pea, �eld, vines 10 Pepper, black 0.1 Persimmon, Japanese 0.7 Potato, wet peel 7.3 Rapeseed subgroup 20A 0.10 Rice, grain 7.0 Rice, wild, grain 7.0 Rye, forage 0.15 Rye, grain 0.01 Rye, straw 0.05 Soybean, hulls 0.20 Soybean, seed 0.15 Tea, dried 15 Vegetable, Brassica, head and stem, group 5-16 2.0 Vegetable, cucurbit, group 9 0.70 Vegetable, fruiting, group 8-10 0.60 Vegetable, leaves of root and tuber, group 2 8 Vegetable, root, subgroup 1A, except ginseng 0.6 Vegetable, tuberous and corm, subgroup 1C 4.0 Wax jambu 1.5 Wheat, forage 0.1 Wheat, grain 0.1 1 1 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 587/1218 Wheat, hay 0.05 Wheat, straw 0.1 There are no U.S. registrations for these commodities. This tolerance expires on August 14, 2020. Cattle, fat 0.10 Cattle, liver 0.7 Cattle, meat 0.05 Cattle, meat byproduct (except liver) 0.10 Egg 0.02 Goat, fat 0.10 Goat, liver 0.7 Goat, meat 0.05 Goat, meat byproduct (except liver) 0.10 Hog, fat 0.10 Hog, liver 0.40 Hog, meat 0.05 Hog, meat byproduct (except liver) 0.10 Horse, fat 0.10 1 2 (2) Tolerances are established for residues of difenoconazole, including its metabolites and degradates, in the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring the sum of difenoconazole, 1-[2-[2-chloro-4-(4-chlorophenoxy)phenyl]-4-methyl-1,3-dioxolan-2 ylmethyl]-1H-1,2,4-triazole, and its metabolite, CGA-205375, 1-[2-chloro-4-(4-chloro phenoxy)phenyl]-2-[1,2,4]triazol-1-yl-ethanol, calculated as the stoichiometric equivalent of difenoconazole, in the following commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 588/1218 Horse, liver 0.7 Horse, meat 0.05 Horse, meat byproduct (except liver) 0.10 Milk 0.02 Sheep, fat 0.10 Sheep, liver 0.7 Sheep, meat 0.05 Sheep, meat byproduct (except liver) 0.10 [64 FR 36254, July 6, 1999] § 180.476 Tri�umizole; tolerances for residues. Berry, low growing, subgroup 13-07G, except cranberry 2.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the fungicide tri�umizole, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the parent compound tri�umizole, 1-(1-((4-chloro-2 (tri�uoromethyl)phenyl)imino)-2-propoxyethyl)-1 H -imidazole, and its metabolites containing the 4-chloro-2-tri�uoromethylaniline moiety, calculated as stoichiometric equivalent of the parent compound. Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.475, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/64-FR-36254 https://www.ecfr.gov/current/title-40/section-180.475 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 589/1218 Brassica, head and stem, subgroup 5A 8.0 Brassica, leafy greens, subgroup 5B 40 Canistel 2.5 Cherry, sweet 1.5 Cherry, tart 1.5 Cilantro, leaves 35 Fruit, pome, group 11-10 0.50 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.5 Hazelnut 0.05 Hop, dried cones 50 Leafy greens subgroup 4A, except spinach 35 Mango 2.5 Papaya 2.5 Pineapple 4.0 Sapodilla 2.5 Sapote, black 2.5 Sapote, mamey 2.5 Star apple 2.5 Swiss chard 18 Tomato 1.5 Turnip, greens 40 Vegetable, cucurbit, group 9 0.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 590/1218 Cattle, fat 0.10 Cattle, meat byproducts 0.20 Goat, fat 0.10 Goat, meat byproducts 0.20 Horse, fat 0.10 Horse, meat byproducts 0.20 Sheep, fat 0.10 Sheep, meat byproducts 0.20 [65 FR 33702, May 24, 2000, as amended at 67 FR 40228, June 12, 2002; 67 FR 54587, Aug. 23, 2002; 70 FR 7047, Feb. 10, 2005; 70 FR 17915, Apr. 8, 2005; 71 FR 13279, Mar. 15, 2006; 71 FR 49358, Aug. 23, 2006; 74 FR 26543, June 3, 2009; 74 FR 46376, Sept. 9, 2009; 76 FR 34885, June 15, 2011; 79 FR 12408, Mar. 5, 2014; 80 FR 72599, Nov. 20, 2015] § 180.477 Flumiclorac pentyl; tolerances for residues. Corn, �eld, forage 0.01 (2) Tolerances are established for residues of the fungicide tri�umizole, including its metabolites and degradates, in or on the commodities of animal origin listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the parent compound tri�umizole, 1-(1-((4-chloro-2 (tri�uoromethyl)phenyl)imino)-2-propoxyethyl)-1 H -imidazole, the metabolite 4 chloro-2-hydroxy-6-tri�uoromethylaniline sulfate, and other metabolites containing the 4-chloro-2-tri�uoromethylaniline moiety, calculated as the parent compound. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide �umiclorac pentyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only �umiclorac pentyl, pentyl(2-chloro-4-�uoro-5-(1,3,4,5,6,7 hexahydro-1,3-dioxo-2H-isoindol-2-yl)phenoxy)acetate, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33702 https://www.federalregister.gov/citation/67-FR-40228 https://www.federalregister.gov/citation/67-FR-54587 https://www.federalregister.gov/citation/70-FR-7047 https://www.federalregister.gov/citation/70-FR-17915 https://www.federalregister.gov/citation/71-FR-13279 https://www.federalregister.gov/citation/71-FR-49358 https://www.federalregister.gov/citation/74-FR-26543 https://www.federalregister.gov/citation/74-FR-46376 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/79-FR-12408 https://www.federalregister.gov/citation/80-FR-72599 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 591/1218 Corn, �eld, grain 0.01 Corn, �eld, stover 0.01 Cotton, gin byproducts 3.0 Cotton, undelinted seed 0.2 Soybean, hulls 0.02 Soybean, seed 0.01 [65 FR 33702, May 24, 2000, as amended at 71 FR 11533, Mar. 8, 2006; 76 FR 23497, Apr. 27, 2011] § 180.478 Rimsulfuron; tolerances for residues. Almond, hulls 0.09 Berry, low growing, except strawberry, subgroup 13-07H 0.02 Bushberry, subgroup 13-07B 0.01 Caneberry, subgroup 13-07A 0.01 Chicory, roots 0.01 Chicory, tops 0.01 Corn, �eld, forage 0.4 Corn, �eld, grain 0.1 Corn, �eld, stover 2.5 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide rimsulfuron, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only rimsulfuron, N-[[(4,6-dimethoxy-2-pyrimidinyl)amino] carbonyl]-3-(ethylsulfonyl)-2 pyridinesulfonamide. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33702 https://www.federalregister.gov/citation/71-FR-11533 https://www.federalregister.gov/citation/76-FR-23497 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 592/1218 Fruit, citrus, group 10-10 0.01 Fruit, pome, group 11-10 0.01 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.01 Fruit, stone, group 12-12 0.01 Grain, aspirated fractions 4.5 Nut, tree, group 14-12 0.01 Potato 0.1 Sorghum, grain, forage 0.01 Sorghum, grain, grain 0.01 Sorghum, grain, stover 0.01 Soybean, forage 0.25 Soybean, hay 1.2 Soybean, hulls 0.04 Soybean, seed 0.01 Tomato 0.05 Vegetable, tuberous and corm, subgroup 1C 0.10 This tolerance expires on August 12, 2018. 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations, as de�ned in § 180.1(1), are established for residues of the herbicide rimsulfuron, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�c in the following table is to be determined by measuring only rimsulfuron, N-[[(4,6-dimethoxy-2-pyrimidinyl)amino] carbonyl]-3-(ethylsulfonyl)-2 pyridinesulfonamide. Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(1) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 593/1218 Fescue, forage 0.01 Fescue, hay 0.01 Ryegrass, perennial, forage 0.01 Ryegrass, perennial, hay 0.01 [63 FR 16696, Apr. 6, 1998, as amended at 72 FR 41913, Aug. 1, 2007; 74 FR 67137, Dec. 18, 2009; 77 FR 3625, Jan. 25, 2012; 77 FR 46306, Aug. 3, 2012; 80 FR 66805, Oct. 30, 2015; 83 FR 5947, Feb. 12, 2018] § 180.479 Halosulfuron-methyl; tolerances for residues. Cattle, fat 0.05 Cattle, meat 0.05 Cattle, meat byproducts 1.0 Goat, fat 0.05 Goat, meat 0.05 Goat, meat byproducts 1.0 Hog, meat byproducts 0.1 Horse, fat 0.05 Horse, meat 0.05 (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide halosulfuron-methyl, methyl 5-[(4,6-dimethoxy-2-pyrimidiny)amino] carbonylaminosulfonyl]-3-chloro-1-methyl-1H pyrazole-4-carboxylate, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only those halosulfuron-methyl residues containing the 3-chlorosulfonamide (3-CSA) moiety, expressed as the stoichiometric equivalent of halosulfuron-methyl, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/63-FR-16696 https://www.federalregister.gov/citation/72-FR-41913 https://www.federalregister.gov/citation/74-FR-67137 https://www.federalregister.gov/citation/77-FR-3625 https://www.federalregister.gov/citation/77-FR-46306 https://www.federalregister.gov/citation/80-FR-66805 https://www.federalregister.gov/citation/83-FR-5947 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 594/1218 Horse, meat byproducts 1.0 Milk 0.05 Sheep, fat 0.05 Sheep, meat 0.05 Sheep, meat byproducts 1.0 Alfalfa, forage 1.0 Alfalfa, hay 2.0 Almond, hulls 0.2 Artichoke 0.05 Asparagus 0.8 Bean, dry, seed 0.05 Bushberry, subgroup 13-07B 0.05 Caneberry subgroup 13-07A 0.05 Corn, �eld, forage 0.2 Corn, �eld, grain 0.05 Corn, �eld, stover 0.8 Corn, pop, grain 0.05 Corn, pop, stover 0.8 Corn, sweet, forage 0.2 (2) Tolerances are established for residues of the herbicide halosulfuron-methyl, methyl 5-[(4,6-dimethoxy-2-pyrimidiny)amino]carbonylaminosulfonyl]-3-chloro-1-methyl-1H pyrazole-4-carboxylate, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only halosulfuron-methyl. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 595/1218 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 0.8 Cotton, gin byproducts 0.05 Cotton, undelinted seed 0.05 Fruit, pome, group 11-10 0.05 Grass, forage, fodder, and hay, group 17, forage 20 Grass, forage, fodder, and hay, group 17, hay 0.5 Melon subgroup 9A 0.1 Millet, proso, forage 10 Millet, proso, grain 0.01 Millet, proso, hay 0.01 Millet, proso, straw 0.01 Nut, tree, group 14 0.05 Okra 0.05 Pea and bean, succulent shelled, subgroup 6 0.05 Pea and bean, succulent shelled, subgroup 6B 0.05 Pistachio 0.05 Rhubarb 0.05 Rice, grain 0.05 Sorghum, grain, forage 0.05 Sorghum, grain, grain 0.05 Sorghum, grain, stover 0.1 Soybean, seed 0.05 Squash/Cucumber subgroup 9B 0.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 596/1218 Sugarcane, cane 0.05 Vegetable, fruiting, group 8 0.05 Vegetable, tuberous and corm, subgroup 1C 0.05 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.05 [64 FR 25448, May 12, 1999, as amended at 65 FR 58433, Sept. 29, 2000; 66 FR 66340, Dec. 26, 2001; 66 FR 66786, Dec. 27, 2001; 67 FR 45649, July 10, 2002; 67 FR 59192, Sept. 20, 2002; 70 FR 51622, Aug. 31, 2005; 72 FR 8927, Feb. 28, 2007; 74 FR 48401, Sept. 23, 2009; 75 FR 46853, Aug. 4, 2010; 76 FR 34886, June 15, 2011; 77 FR 71561, Dec. 3, 2012; 78 FR 53051, Aug. 28, 2013; 80 FR 55773, Sept. 17, 2015; 80 FR 72599, Nov. 20, 2015] § 180.480 Fenbuconazole; tolerances for residues. Almond 0.05 Almond, hulls 1.0 Apple 0.4 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations are established for residues of the herbicide halosulfuron-methyl, methyl 5-[(4,6-dimethoxy-2 pyrimidiny)amino]carbonylaminosulfonyl]-3-chloro-1-methyl-1H-pyrazole-4-carboxylate, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only halosulfuron-methyl. (d) Indirect or inadvertent residues. [Reserved] (a) Tolerances are established for residues of the fungicide fenbuconazole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of fenbuconazole, alpha-[2-(4-chlorophenyl)-ethyl]-alpha-phenyl-3-(1H-1,2,4-triazole)-1 propanenitrile, and its metabolites RH-9129, cis-5-(4-chlorophenyl)-dihydro-3-phenyl-3 (1H-1,2,4-triazole-1-ylmethyl)-2-3 H-furanone, and RH-9130, trans-5-(4-chlorophenyl) dihydro-3-phenyl-3-(1H-1,2,4-triazole-1-ylmethyl)-2-3 H-furanone, calculated as the stoichiometric equivalent of fenbuconazole, in or on the following agricultural commodities. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/64-FR-25448 https://www.federalregister.gov/citation/65-FR-58433 https://www.federalregister.gov/citation/66-FR-66340 https://www.federalregister.gov/citation/66-FR-66786 https://www.federalregister.gov/citation/67-FR-45649 https://www.federalregister.gov/citation/67-FR-59192 https://www.federalregister.gov/citation/70-FR-51622 https://www.federalregister.gov/citation/72-FR-8927 https://www.federalregister.gov/citation/74-FR-48401 https://www.federalregister.gov/citation/75-FR-46853 https://www.federalregister.gov/citation/76-FR-34886 https://www.federalregister.gov/citation/77-FR-71561 https://www.federalregister.gov/citation/78-FR-53051 https://www.federalregister.gov/citation/80-FR-55773 https://www.federalregister.gov/citation/80-FR-72599 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 597/1218 Apple, wet pomace 1.0 Banana 0.3 Beet, sugar, dried pulp 1.0 Beet, sugar, molasses 0.4 Beet, sugar, roots 0.3 Beet, sugar, tops 9.0 Bushberry subgroup 13B 0.3 Cattle, meat byproducts 0.05 Citrus, dried pulp 5.0 Citrus, oil 40.0 Cranberry 0.5 Fruit, citrus, group 10 1.0 Fruit, stone, group 12 1.0 Goat, meat byproducts 0.05 Grain, aspirated fractions 6.0 Grape 1.0 Horse, meat byproducts 0.05 Peanut 0.1 Pecan 0.05 Pepper 1.0 Sheep, meat byproducts 0.05 Tea, dried 30 Tea, instant 30 Wheat, forage 4.0 1 2 2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 598/1218 Wheat, grain 0.1 Wheat, hay 8.0 Wheat, straw 8.0 There are no United States registrations for grape as of August 2006. There are no U.S. registrations for use of fenbuconazole on tea. [60 FR 11032, Mar. 1, 1995] § 180.481 Prosulfuron; tolerances for residues. Grain, cereal, forage, fodder, and straw, group 16, forage 0.10 Grain, cereal, forage, fodder, and straw, group 16, hay 0.20 Grain, cereal, forage, fodder, and straw, group 16, stover 0.01 Grain, cereal, forage, fodder, and straw, group 16, straw 0.02 Grain, cereal, group 15 0.01 1 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of prosulfuron, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only prosulfuron (N [[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)amino]carbonyl]-2-(3,3,3 tri�uoropropyl)benzenesulfonamide) in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.480, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/60-FR-11032 https://www.ecfr.gov/current/title-40/section-180.480 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 599/1218 [74 FR 67118, Dec. 18, 2009, as amended at 82 FR 31475, July 7, 2017] § 180.482 Tebufenozide; tolerances for residues. Almond, hulls 30 Apple, dry pomace 3.0 Apple, wet pomace 3.0 Bushberrry subgroup 13-07B 3.0 Brassica, head and stem, subgroup 5A 5.0 Brassica, leafy greens, subgroup 5B 10.0 Canola, re�ned oil 4.0 Canola, seed 2.0 Caneberry subgroup 13-07A 3.0 Citrus, oil 15.0 Cotton 1.5 Cotton, gin byproducts 30 Cranberry 1.0 Fruit, citrus, group 10-10 2.0 Fruit, pome 1.5 Fruit, pome, group 11-10 1.0 (c) Tolerances with regional registration. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide tebufenozide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only tebufenozide, 3,5-dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-(4 ethylbenzoyl)hydrazide, in or on the commodity. 1 Commodity Parts per million https://www.federalregister.gov/citation/74-FR-67118 https://www.federalregister.gov/citation/82-FR-31475 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 600/1218 Grape 3.0 Kiwifruit 0.5 Leaf petioles subgroup 4B 2.0 Leafy greens subgroup 4A 10.0 Nut, tree, group 14-12 0.1 Peppermint, tops 10.0 Spearmint, tops 10.0 Sugarcane, cane 1.0 Sugarcane, molasses 3.0 Turnip, greens 9.0 Turnip, roots 0.3 Vegetable, fruiting, group 8-10 1.0 Vegetable, tuberous and corm, except potato, subgroup 1D 0.015 This tolerance expires on May 16, 2018. There are no U.S. registrations on kiwifruit. 2 1 2 (2) Tolerances are established for residues of the insecticide tebufenozide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of tebufenozide, 3,5-dimethylbenzoic acid 1-(1,1 dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, and its metabolites, 3,5-dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-((4-carboxymethyl)benzoyl)hydrazide, 3-hydroxymethyl 5-methylbenzoic acid 1-(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, stearic acid conjugate of 3-hydroxymethyl-5-methylbenzoic acid 1-(1,1-dimethylethyl)-2-(4 ethylbenzoyl)hydrazide, and 3-hydroxymethyl-5-methylbenzoic acid 1-(1,1 dimethylethyl)-2-(4-(1-hydroxyethyl)benzoyl)hydrazide, calculated as the stoichiometric equivalent of tebufenozide, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 601/1218 Cattle, fat 0.1 Cattle, meat 0.08 Cattle, meat byproducts 0.08 Goat, fat 0.1 Goat, meat 0.08 Goat, meat byproducts 0.08 Hog, fat 0.1 Hog, meat 0.08 Hog, meat byproducts 0.08 Horse, fat 0.1 Horse, meat 0.08 Horse, meat byproducts 0.08 Milk 0.04 Sheep, fat 0.1 Sheep, meat 0.08 Sheep, meat byproducts 0.08 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of the insecticide tebufenozide, including its metabolites and degradates, in or on the commodities in the table in this paragraph when present therein as a result of the application of tebufenozide to growing crops listed in the table to paragraph (a)(1) of this section. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of tebufenozide, 3,5-dimethylbenzoic acid 1-(1,1 dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, and its metabolite, 3,5-dimethylbenzoic acid 1 (1,1-dimethylethyl)-2-(4-(1-hydroxyethyl)benzoyl)hydrazide, calculated as the stoichiometric equivalent of tebufenozide, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.482#p-180.482(a)(1) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 602/1218 Animal feed, nongrass, group 18 1.0 Grain, cereal, forage, fodder and straw, group 16 1.0 Grass, forage, fodder and hay, group 17 1.0 Vegetable, foliage of legume, group 7 0.20 [60 FR 29347, May 31, 1995] § 180.484 Flutolanil; tolerances for residues. Cattle, fat 0.10 Cattle, kidney 1.00 Cattle, liver 2.00 Cattle, meat byproducts 0.05 Cattle, meat 0.05 Cotton, gin byproducts 0.20 Cotton, undelinted seed 0.20 Egg 0.05 Goat, fat 0.10 Goat, kidney 1.00 (a) General. Tolerances are established for residues of �utolanil, N-(3-(1-methylethoxy) phenyl)-2-(tri�uoromethyl)benzamide, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �utolanil and its metabolites converted to 2 (tri�uoromethyl) benzoic acid and calculated as �utolanil, in or on the following commodities: Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.482, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/60-FR-29347 https://www.ecfr.gov/current/title-40/section-180.482 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 603/1218 Goat, liver 2.00 Goat, meat byproducts 0.05 Goat, meat 0.05 Hog, fat 0.10 Hog, kidney 1.00 Hog, liver 2.00 Hog, meat byproducts 0.05 Hog, meat 0.05 Horse, fat 0.10 Horse, kidney 1.00 Horse, liver 2.00 Horse, meat byproducts 0.05 Horse, meat 0.05 Milk 0.05 Peanut 0.5 Peanut, hay 15.0 Peanut, meal 1.0 Potato 0.20 Potato, wet peel 0.30 Poultry, fat 0.05 Poultry, meat 0.05 Poultry, meat byproducts 0.05 Rice, bran 10.0 Rice, grain 7.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 604/1218 Rice, hulls 25.0 Sheep, fat 0.10 Sheep, kidney 1.00 Sheep, liver 2.00 Sheep, meat 0.05 Sheep, meat byproducts 0.05 Soybean, forage 8.0 Soybean, hay 2.5 Soybean, seed 0.20 Turnip, greens 0.1 Vegetable, brassica, leafy, group 5 0.1 Wheat, bran 0.20 Wheat, forage 2.5 Wheat, grain 0.05 Wheat, hay 1.2 Wheat, straw 0.20 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the indirect or inadvertent residues of �utolanil, N-(3-(1-methylethoxy)phenyl)-2-(tri�uoromethyl)benzamide, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �utolanil and its metabolites converted to 2-(tri�uoromethyl) benzoic acid and calculated as �utolanil, in or on the following commodities. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 605/1218 [60 FR 42458, Aug. 16, 1995, as amended at 61 FR 33044, June 26, 1996; 63 FR 42256, 42257, Aug. 7, 1998; 66 FR 10825, Feb. 20, 2001; 71 FR 74818, Dec. 13, 2006; 72 FR 35665, June 29, 2007; 73 FR 33017, June 11, 2008; 75 FR 17570, Apr. 7, 2010; 75 FR 80350, Dec. 22, 2010; 80 FR 72599, Nov. 20, 2015] § 180.485 Cyproconazole; tolerances for residues. Aspirated grain fractions 2.5 Cattle, fat 0.01 Cattle, meat byproducts (except liver) 0.01 Coffee bean, green (Imported) 0.1 Corn, �eld, forage 0.60 Corn, �eld, grain 0.01 Corn, �eld, stover 1.2 Goat, fat 0.01 Goat, meat byproducts (except liver) 0.01 Horse, fat 0.01 Horse, meat byproducts (except liver) 0.01 Peanut 0.01 Peanut, hay 6.0 Sheep, fat 0.01 Sheep, meat byproducts (except liver) 0.01 Soybean, forage 1.0 (a) General. (1) Tolerances are established for residues of the free and conjugated forms of the fungicide cyproconazole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the proposed tolerance levels speci�ed below is to be determined by measuring only cyproconazole (α-(4 chlorophenyl)-α-(1-cyclopropylethyl)-1H-1,2,4-triazole-1-ethanol) in or on the following commodities: 1 Commodity Parts per million https://www.federalregister.gov/citation/60-FR-42458 https://www.federalregister.gov/citation/61-FR-33044 https://www.federalregister.gov/citation/63-FR-42256 https://www.federalregister.gov/citation/63-FR-42257 https://www.federalregister.gov/citation/66-FR-10825 https://www.federalregister.gov/citation/71-FR-74818 https://www.federalregister.gov/citation/72-FR-35665 https://www.federalregister.gov/citation/73-FR-33017 https://www.federalregister.gov/citation/75-FR-17570 https://www.federalregister.gov/citation/75-FR-80350 https://www.federalregister.gov/citation/80-FR-72599 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 606/1218 Soybean, hay 3.0 Soybean, oil 0.10 Soybean, seed 0.05 Wheat, forage 0.80 Wheat, grain 0.05 Wheat, grain, milled byproducts 0.10 Wheat, hay 1.3 Wheat, straw 0.90 There are no U.S. registrations as of February 15, 2008 for use on coffee bean. Milk 0.02 Cattle, liver 0.50 Goat, liver 0.50 Hog, liver 0.01 1 (2) A tolerance is established for the combined residues of the free and conjugated forms of the fungicide cyproconazole, including its metabolites and degradates, in or on the commodity in the table below. Compliance with the tolerance level speci�ed below is to be determined by measuring only the sum of cyproconazole (α-(4 chlorophenyl)-α-(1-cyclopropylethyl)-1H-1,2,4-triazole-1-ethanol) and its metabolite δ (4-chlorophenyl)-β,δ-dihydroxy-γ-methyl-1H-1,2,4-triazole-1-hexenoic acid, calculated as the stoichiometric equivalent of cyproconazole, in or on the following commodity: (3) Tolerances are established for the combined residues of the free and conjugated forms of the fungicide cyproconazole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance level speci�ed below is to be determined by measuring only the sum of cyproconazole (α-(4 chlorophenyl)-α-(1-cyclopropylethyl)-1H-1,2,4-triazole-1-ethanol) and its metabolite 2 (4-chlorophenyl)-3-cyclopropyl-1-[1,2,4]triazol-1-yl-butane-2,3-diol, calculated as the stoichiometric equivalent of cyproconazole, in or on the following commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 607/1218 Horse, liver 0.50 Sheep, liver 0.50 [63 FR 53835, Oct. 7, 1998, as amended at 71 FR 71058, Dec. 8, 2006; 73 FR 27760, May 14, 2008; 78 FR 37473, June 21, 2013] § 180.486 Chlorethoxyfos; tolerances for residues. Corn, �eld, forage 0.01 Corn, �eld, grain 0.01 Corn, �eld, stover 0.01 Corn, pop, grain 0.01 Corn, pop, stover 0.01 Corn, sweet, forage 0.01 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 0.01 [76 FR 23498, Apr. 27, 2011] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide chlorethoxyfos, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only chlorethoxyfos, O,O-diethyl O-(1,2,2,2-tetrachloroethyl) phosphorothioate, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/63-FR-53835 https://www.federalregister.gov/citation/71-FR-71058 https://www.federalregister.gov/citation/73-FR-27760 https://www.federalregister.gov/citation/78-FR-37473 https://www.federalregister.gov/citation/76-FR-23498 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 608/1218 § 180.487 Pyrithiobac sodium; tolerances for residues. Cotton, gin byproducts 0.15 Cotton, undelinted seed 0.02 [62 FR 54783, Oct. 22, 1997, as amended at 64 FR 56469, Oct. 20, 1999; 67 FR 72110, Dec. 4, 2002] § 180.490 Imazapic; tolerances for residues. Grass, forage 15 Grass, hay 30 Peanut 0.1 Soybean, seed 0.40 Sugarcane, cane 0.03 There are no US registrations as of April 4, 2014. There are no U.S. registrations as of June 4, 2014. (a) General. Tolerances are established for residues of the herbicide, pyrithiobac sodium, (sodium 2-chloro-6-[(4,6-dimethoxypyrimidin-2-yl)thio]benzoate), resulting from the application of the pesticide chemical in or on the following foods/feeds: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide imazapic, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed is to be determined by measuring the sum of imazapic (2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-5 methyl-3-pyridinecarboxylic acid) and its metabolites (±)-2-[4,5-dihydro-4-methyl-4 (1-methylethyl)-5-oxo-1H-imidazol-2-yl]-5-hydroxymethyl-3-pyridinecarboxylic acid and (±)-2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-5-(β-D glucopyranosyloxy)methyl-3-pyridinecarboxylic acid, calculated as the stoichiometric equivalent of imazapic. 1 2 1 2 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/62-FR-54783 https://www.federalregister.gov/citation/64-FR-56469 https://www.federalregister.gov/citation/67-FR-72110 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 609/1218 Cattle, fat 0.10 Cattle, kidney 1.0 Cattle, meat byproducts, except kidney 0.1 Cattle, meat 0.1 Goat, fat 0.1 Goat, kidney 1.0 Goat, meat byproducts, except kidney 0.1 Goat, meat 0.1 Horse, fat 0.1 Horse, kidney 1.0 Horse, meat byproducts, except kidney 0.1 Horse, meat 0.1 Milk 0.1 Sheep, fat 0.1 Sheep, kidney 1.0 Sheep, meat byproducts, except kidney 0.1 Sheep, meat 0.1 (2) Tolerances are established for residues of the herbicide imazapic, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed is to be determined by measuring the sum of imazapic (2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-5 methyl-3-pyridinecarboxylic acid) and its metabolite (±)-2-[4,5-dihydro-4-methyl-4-(1 methylethyl)-5-oxo-1H-imidazol-2-yl]-5-hydroxymethyl-3-pyridinecarboxylic acid, calculated as the stoichiometric equivalent of imazapic. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 610/1218 [64 FR 54224, Oct. 6, 1999, as amended at 66 FR 64774, Dec. 14, 2001; 66 FR 66332, Dec. 26, 2001; 78 FR 49932, Aug. 16, 2013; 79 FR 18818, Apr. 4, 2014; 79 FR 32170, June 4, 2014] § 180.491 Propylene oxide; tolerances for residues. Cacao bean, cocoa powder 200 Cacao bean, dried bean 200 Fig 3.0 Garlic, dried 300 Grape, raisin 1.0 Herbs and spices, group 19, dried 300 Nut, pine 300 Nut, tree, group 14 300 Nutmeat, processed, except peanuts 300 Onion, dried 300 Pistachio 300 Plum, prune, dried 2.0 (a) General. (1) Tolerances are established for residues of the fumigant propylene oxide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only propylene oxide, when used as a postharvest fumigant, in or on the commodity. (2) Tolerances are established for residues of the reaction product, propylene chlorohydrin, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only the sum of propylene chlorohydrin (1-chloro-2-propanol), and its isomer 2-chloro-1-propanol, calculated as the stoichiometric equivalent of propylene chlorohydrin (1-chloro-2-propanol), that results from the use of propylene oxide as a postharvest fumigant, in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/64-FR-54224 https://www.federalregister.gov/citation/66-FR-64774 https://www.federalregister.gov/citation/66-FR-66332 https://www.federalregister.gov/citation/78-FR-49932 https://www.federalregister.gov/citation/79-FR-18818 https://www.federalregister.gov/citation/79-FR-32170 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 611/1218 Basil, dried leaves 6000 Cacao bean, cocoa powder 20.0 Cacao bean, dried bean 20.0 Fig 3.0 Garlic, dried 6000 Grape, raisin 4.0 Herbs and spices, group 19, dried, except basil 1500 Nut, pine 10.0 Nut, tree, group 14 10.0 Nutmeat, processed, except peanuts 10.0 Onion, dried 6000 Pistachio 10.0 Plum, prune, dried 2.0 [65 FR 33702, May 24, 2000, as amended at 68 FR 39430, July 1, 2003; 72 FR 49651, Aug. 29, 2007; 73 FR 54963, Sept. 24, 2008; 76 FR 38037, June 29, 2011; 77 FR 28495, May 15, 2012] § 180.492 Tri�usulfuron-methyl; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of tri�usulfuron-methyl, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only tri�usulfuron-methyl (methyl 2-[[[[[4-(dimethylamino)-6-(2,2,2-tri�uoroethoxy)-1,3,5 triazin-2-yl]amino]carbonyl]amino]sulfonyl]-3-methylbenzoate) in or on the following commodities: CommodityCommodity Parts per million Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33702 https://www.federalregister.gov/citation/68-FR-39430 https://www.federalregister.gov/citation/72-FR-49651 https://www.federalregister.gov/citation/73-FR-54963 https://www.federalregister.gov/citation/76-FR-38037 https://www.federalregister.gov/citation/77-FR-28495 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 612/1218 Beet, garden, roots 0.01 Beet, garden, tops 0.02 Beet, sugar, roots 0.05 Beet, sugar, tops 0.05 Chicory, roots 0.05 [67 FR 40196, June 12, 2002, as amended at 76 FR 22625, Apr. 22, 2011] § 180.493 Dimethomorph; tolerances for residues. Brassica, head and stem, subgroup 5A 6.0 Brassica, leafy greens, subgroup 5B 30.0 Ginseng 0.90 Grape 3.0 Grape, raisin 7.0 Hop, dried cones 60 Onion, bulb, subgroup 3-07A 0.6 Onion, green, subgroup 3-07B 15.0 Papaya 1.5 Potato 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide dimethomorph, 4-[3-(4 chlorophenyl)-3-(3,4-dimethoxyphenyl)-1-oxo-2-propen-1-yl]morpholine, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only dimethomorph in or on the commodities. 1 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/67-FR-40196 https://www.federalregister.gov/citation/76-FR-22625 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 613/1218 Potato, wet peel 0.20 Strawberry 0.90 Taro, corm 0.5 Taro, leaves 6.0 Turnip, greens 20.0 Vegetable, cucurbit, group 9 0.5 Vegetable, fruiting, group 8 1.5 Vegetable, leafy (except Brassica) group 4 30.0 There are no U.S. registrations as of January 20, 2015. Bean, lima, succulent 0.60 Wheat, forage 0.15 Wheat, hay 0.15 Wheat, straw 0.4 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations are established for residues of the fungicide dimethomorph, 4-[3-(4-chlorophenyl)-3-(3,4 dimethoxyphenyl)-1-oxo-2-propen-1-yl]morpholine, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only dimethomorph in or on the commodity. (d) Indirect or inadvertent residues. Tolerances are established for the indirect or inadvertent residues of the fungicide dimethomorph, 4-[3-(4-chlorophenyl)-3-(3,4-dimethoxyphenyl)-1 oxo-2-propen-1-yl]morpholine, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only dimethomorph in or on the commodity. Commodity Parts per million Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 614/1218 [62 FR 26416, May 14, 1997] § 180.494 Pyridaben; tolerance for residues. Almond, hulls 4.0 Apple, wet pomace 0.75 Berry, low growing, subgroup 13-07G, except cranberry 2.5 Canistel 0.10 Cattle, fat 0.05 Cattle, meat 0.05 Cattle, meat byproducts 0.05 Citrus, dried pulp 1.5 Citrus, oil 10.0 Cucumber 0.50 Fruit, citrus group 10-10 0.9 Fruit, pome group 11-10 0.75 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.0 (a) General. Tolerances are established for residues of the insecticide pyridaben, including its metabolites and degradates, in or on the commodities as indicated in the following table. Compliance with the tolerance levels speci�ed below for plant commodities is to be determined by measuring the insecticide pyridaben [2-tert-butyl-5-(4-tert butylbenzylthio)-4-chloropyridazin-3(2H)-one] on the plant commodity. Compliance with the tolerance levels speci�ed below for animal commodities is to be determined by measuring the insecticide pyridaben and its metabolites, [2-tert-butyl-5-(4-(1-carboxy-1 methylethy 1) benzylthio)-4-chloropyridazin-3 (2H)one] and [2-tert-butyl-5-[4(-1, l-dimethyl 2-hydroxyethyl)benzylthio-4-chloropyridazin-3(2H)one] on the animal commodity. Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.493, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/62-FR-26416 https://www.ecfr.gov/current/title-40/section-180.493 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 615/1218 Fruit, stone, group 12-12 3.0 Goat, fat 0.05 Goat, meat 0.05 Goat, meat byproducts 0.05 Hog, fat 0.05 Hog, meat 0.05 Hog, meat byproducts 0.05 Hop, dried cones 10.0 Horse, fat 0.05 Horse, meat 0.05 Horse, meat byproducts 0.05 Mango 0.10 Milk 0.01 Nut, tree, group 14-12 0.05 Papaya 0.10 Sapodilla 0.10 Sapote, black 0.10 Sapote, mamey 0.10 Sheep, fat 0.05 Sheep, meat 0.05 Sheep, meat byproducts 0.05 Star apple 0.10 Tomato 0.15 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 616/1218 Cranberry 0.5 [65 FR 43712, July 14, 2000, as amended at 66 FR 33199, June 21, 2001; 70 FR 55769, Sept. 23, 2005; 76 FR 56015, Sept. 15, 2010; 81 FR 70979, Oct. 14, 2016] § 180.495 Spinosad; tolerances for residues. Table 1 to Paragraph (a) Acerola 1.5 Alfalfa, seed 0.15 Alfalfa, seed screenings 2.0 Almond, hulls 19 Amaranth, grain, grain 1.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(m) are established for residues of the insecticide pyridaben, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring the insecticide pyridaben [2-tert-butyl-5-(4-tert-butylbenzylthio)-4-chloropyridazin-3(2H)-one] on the following plant commodity. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide spinosad, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of spinosyn A (Factor A: CAS #131929-60-7; (2R,3aS,5aR,5bS,9S,13S,14R,16aS,16bR)-2 [(6-deoxy-2,3,4-tri-O-methyl-α-L-mannopyranosyl)oxy]-13-[[(2R,5S,6R)-5 (dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl 2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-14-methyl-1H-as-indaceno[3,2 d]oxacyclododecin-7,15-dione); and Spinosyn D (Factor D; CAS #131929-63-0) or (2S,3aR,5aS,5bS,9S,13S,14R,16aS,16bS)-2-[(6-deoxy-2,3,4-tri-O-methyl-α-L mannopyranosyl)oxy]-13-[[(2R,5S,6R)-5-(dimethylamino)tetrahydro-6-methyl-2H-pyran-2 yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-4,14-dimethyl-1H-as indaceno[3,2-d]oxacyclododecin-7,15-dione), calculated as the stoichiometric equivalent of spinosad. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-43712 https://www.federalregister.gov/citation/66-FR-33199 https://www.federalregister.gov/citation/70-FR-55769 https://www.federalregister.gov/citation/76-FR-56015 https://www.federalregister.gov/citation/81-FR-70979 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(m) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 617/1218 Amaranth, grain, stover 10 Animal feed, nongrass, group, 18 0.02 Animal feed, nongrass, group, 18, forage 35.0 Animal feed, nongrass, group, 18, hay 30.0 Apple, dry pomace 0.5 Apple, wet pomace 0.5 Artichoke, globe 0.3 Asparagus 0.2 Atemoya 0.3 Avocado 0.3 Banana 0.25 Beet, sugar, molasses 0.75 Berry, low growing, except strawberry, subgroup 13-07H 0.04 Berry, low growing, subgroup 13-07G, except cranberry 0.90 Biriba 0.3 Bushberry subgroup 13-07B 0.40 Caneberry subgroup 13-07A 1.0 Canistel 0.3 Cattle, fat 50 Cattle, liver 10 Cattle, meat 2.0 Cattle, meat byproducts, except liver 5.0 Celtuce 8 Cherimoya 0.3 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 618/1218 Citrus, oil 3.0 Citrus, dried pulp 0.5 Coffee, green bean 0.04 Corn, sweet, kernel plus cob with husks removed 0.02 Cotton, gin byproducts 1.5 Cottonseed subgroup 20C 0.02 Custard apple 0.3 Date 0.10 Dragon fruit 1.5 Egg 0.30 Feijoa .05 Fennel, Florence, fresh leaves and stalk 8 Fig 0.10 Fish 4.0 Fish-shell�sh, crustacean 4.0 Fish-shell�sh, mollusc 4.0 Food commodities 0.02 Fruit, citrus, group 10-10 0.30 Fruit, pome, group 11-10 0.20 Fruit, small, vine climbing, subgroup13-07F, except fuzzy kiwifruit 0.50 Fruit, stone 12-12 0.20 Goat, fat 50 Goat, liver 10 Goat, meat 2.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 619/1218 Goat, meat byproducts, except liver 5.0 Grain, aspirated fractions 200 Grain, cereal, group 15 1.5 Grain, cereal, group 16, forage, except rice 2.5 Grain, cereal, group 16, hay, except rice 10.0 Grain, cereal, group, 16, stover, except rice 10.0 Grain, cereal, group, 16, straw, except rice 1.0 Grape, raisin 1.0 Grass, forage, fodder and hay, group 17, forage 10.0 Grass, forage, fodder and hay, group 17, hay 5.0 Guava 0.3 Herb subgroup 19A, dried 22 Herb subgroup 19A, fresh 3.0 Hog, fat 5.0 Hog, meat 0.50 Hog, meat byproducts 2.0 Hop, dried cones 22 Horse, fat 50 Horse, liver 10 Horse, meat 2.0 Horse, meat byproducts, except liver 5.0 Ilama 0.3 Jaboticaba 0.3 Kohlrabi 2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 620/1218 Leaf petiole vegetable subgroup 22B 8 Longan 0.3 Lychee 0.3 Mango 0.3 Milk 7.0 Milk, fat 85 Nut, tree, group 14-12 0.10 Onion, bulb, subgroup 3-07A 0.10 Onion, green, subgroup 3-07B 4.0 Papaya 0.3 Passionfruit 0.3 Pea and bean, dried shelled, except soybean, subgroup 6C 0.02 Pea and bean, succulent shelled, subgroup 6B 0.02 Peanut 0.02 Peanut, hay 11.0 Peppermint, tops 3.5 Pineapple 0.02 Pineapple, process residue 0.08 Pomegranate 0.30 Poultry, fat 1.3 Poultry, meat 0.10 Poultry, meat byproducts 0.20 Pulasan 0.3 Quinoa, grain 0.02 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 621/1218 Rambutan 0.3 Rice, hulls 4.0 Sapodilla 0.3 Sapote, black 0.3 Sapote, mamey 0.3 Sapote, white 0.3 Sheep, fat 50 Sheep, liver 10 Sheep, meat 2.0 Sheep, meat byproducts, except liver 5.0 Soursop 0.3 Soybean 0.02 Spanish lime 0.3 Spearmint, tops 3.5 Spice, subgroup 19B, except black pepper 1.7 Star apple 0.3 Starfruit 0.3 Sugar apple 0.3 Tea, dried 2 Tea, instant 2 Ti, leaves 10.0 Vegetable, Brassica, head and stem, group 5-16 2 Vegetable, cucurbit, group 9 0.3 Vegetable, foliage of legume, group 7 8.0 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 622/1218 Vegetable, fruiting, group 8-10 0.40 Vegetable, leafy, group 4-16 10 Vegetable, leaves of root and tuber, group 2 10.0 Vegetable, legume, edible podded, subgroup 6A 0.30 Vegetable, root and tuber, group 1 0.10 Watercress 8.0 Wax jambu 0.3 There are no U.S. registrations for use on tea. [72 FR 68540, Dec. 5, 2007, as amended at 74 FR 46376, Sept. 9, 2009; 74 FR 48408, Sept. 23, 2009; 75 FR 60327, Sept. 30, 2010; 80 FR 72599, Nov. 20, 2015; 80 FR 80672, Dec. 28, 2015; 84 FR 49201, Sept. 19, 2019; 86 FR 17913, Apr. 7, 2021] § 180.498 Sulfentrazone; tolerances for residues. Soybean, seed 0.05 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertant residues. [Reserved] (a) (1) General. Tolerances are established for the combined residues of the free and conjugated forms of sulfentrazone, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of sulfentrazone (N [2,4-dichloro-5-[4-(di�uoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1 yl]phenyl]methanesulfonamide) and its metabolite HMS (N-(2,4-dichloro-5-(4 (di�uoromethyl)-4,5-dihydro-3-hydroxymethyl-5-oxo-1H-1,2,4-triazol-1 yl)phenyl)methanesulfonamide, calculated as the stoichiometric equivalent of sulfentrazone in or on the following commodities. (2) Tolerances are established for the combined residues of the free and conjugated forms of sulfentrazone, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of sulfentrazone (N-[2,4 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-68540 https://www.federalregister.gov/citation/74-FR-46376 https://www.federalregister.gov/citation/74-FR-48408 https://www.federalregister.gov/citation/75-FR-60327 https://www.federalregister.gov/citation/80-FR-72599 https://www.federalregister.gov/citation/80-FR-80672 https://www.federalregister.gov/citation/84-FR-49201 https://www.federalregister.gov/citation/86-FR-17913 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 623/1218 Apple 0.15 Berry and small fruit, group 13-07 0.15 Brassica, leafy greens, subgroup 4-16B 0.60 Chia, seed 0.15 Corn, �eld, forage 0.20 Corn, �eld, grain 0.15 Corn, �eld, stover 0.30 Flax 0.15 Fruit, citrus, group 10-10 0.15 Horseradish 0.20 Melon, subgroup 9A 0.15 Nut, tree, group 14-12 0.15 Pea and bean, dried shelled, except soybean, subgroup 6C 0.15 Pea, succulent 0.15 Peanut 0.20 Peanut, meal 0.40 Peppermint, tops 0.30 Rhubarb 0.15 Spearmint, tops 0.30 dichloro-5-[4-(di�uoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1 yl]phenyl]methanesulfonamide) and its metabolites HMS (N-(2,4-dichloro-5-(4 (di�uoromethyl)-4,5-dihydro-3-hydroxymethyl-5-oxo-1H-1,2,4-triazol-1 yl)phenyl)methanesulfonamide) and DMS (N-(2,4-dichloro-5-(4-(di�uoromethyl)-4,5 dihydro-5-oxo-1H-1,2,4-triazol-1-yl)phenyl)methanesulfonamide, calculated as the stoichiometric equivalent of sulfentrazone in or on the following commodities. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 624/1218 Stalk and stem vegetable subgroup 22A 0.15 Sugarcane, cane 0.15 Sugarcane, molasses 0.20 Sun�ower subgroup 20B 0.20 Teff, forage 0.50 Teff, grain 0.15 Teff, hay 0.30 Teff, straw 1.5 Turnip, roots 0.15 Vegetable, Brassica, head and stem, group 5-16 0.20 Vegetable, fruiting, group 8-10 0.15 Vegetable, soybean, succulent 0.15 Vegetable, tuberous and corm, subgroup 1C 0.15 Bean, lima, succulent 0.15 Cowpea, succulent 0.15 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration are established for the combined residues of the free and conjugated forms of sulfentrazone, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of sulfentrazone (N-[2,4-dichloro-5-[4-(di�uoromethyl)-4,5-dihydro-3-methyl 5-oxo-1H-1,2,4-triazol-1-yl]phenyl]methanesulfonamide) and its metabolites HMS (N-(2,4 dichloro-5-(4-(di�uoromethyl)-4,5-dihydro-3-hydroxymethyl-5-oxo-1H-1,2,4-triazol-1 yl)phenyl)methanesulfonamide) and DMS (N-(2,4-dichloro-5-(4-(di�uoromethyl)-4,5 dihydro-5-oxo-1H-1,2,4-triazol-1-yl)phenyl)methanesulfonamide, calculated as the stoichiometric equivalent of sulfentrazone in or on the following commodities. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 625/1218 Wheat, forage 0.50 Wheat, grain 0.15 Wheat, hay 0.30 Wheat, straw 1.5 Grain, cereal (excluding sweet corn), Hulls 0.30 Grain, cereal, forage, fodder and straw, group 16, except sweet corn; forage 0.2 Grain, cereal, forage, fodder and straw, group 16, except sweet corn; hay 0.2 Grain, cereal, forage, fodder and straw, group 16, except sweet corn; stover 0.1 Grain, cereal, forage, fodder and straw, group 16, except sweet corn; straw 0.6 Grain, cereal, group 15, except sweet corn 0.1 Grain, cereal, group 15, except sweet corn; bran 0.15 [62 FR 10708, Mar. 10, 1997] (d) Indirect or inadvertent residues. Tolerances are established for inadvertent and indirect combined residues of the free and conjugated forms of sulfentrazone, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of sulfentrazone (N-[2,4-dichloro-5-[4-(di�uoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4 triazol-1-yl]phenyl]methanesulfonamide) and its metabolites HMS (N-(2,4-dichloro-5-(4 (di�uoromethyl)-4,5-dihydro-3-hydroxymethyl-5-oxo-1H-1,2,4-triazol-1 yl)phenyl)methanesulfonamide) and DMS (N-(2,4-dichloro-5-(4-(di�uoromethyl)-4,5 dihydro-5-oxo-1H-1,2,4-triazol-1-yl)phenyl)methanesulfonamide, calculated as the stoichiometric equivalent of sulfentrazone in or on the following commodities when present therein as a result of the application of sulfentrazone to growing crops. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/62-FR-10708 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 626/1218 § 180.499 Propamocarb; tolerances for residues. Table 1 to Paragraph (a) Guava 0.05 Leafy greens subgroup 4-16A 150 Starfruit 0.05 Tomato, paste 5.0 Vegetable, cucurbit, group 9 1.5 Vegetable, fruiting, group 8-10 4 Vegetable, tuberous and corm, subgroup 1C 0.3 Bean, lima, succulent 2.0 (a) General. Tolerances are established for the residues of propamocarb, including its metabolites and degradates, in or on the commodities speci�ed in table 1 to this paragraph (a) resulting from the application of the hydrochloride salt of propamocarb. Compliance with the tolerance levels in table 1 to this paragraph (a) is to be determined by measuring only propamocarb (propyl N-[3-(dimethylamino)propyl]carbamate): (b) Section 18 emergency exemptions. [Reserved] (c) Tolerance with regional registrations. Tolerances with regional registrations are established for the residues of propamocarb, including its metabolites and degradates, in or on the commodities speci�ed in the following table resulting from the application of the hydrochloride salt of propamocarb. Compliance with the following tolerance levels is to be determined by measuring only propamocarb (propyl N-[3 (dimethylamino)propyl]carbamate): (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.498, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.ecfr.gov/current/title-40/section-180.499#p-180.499(a) https://www.ecfr.gov/current/title-40/section-180.499#p-180.499(a) https://www.ecfr.gov/current/title-40/section-180.498 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 627/1218 [62 FR 15620, Apr. 2, 1997, as amended at 62 FR 26966, May 16, 1997; 63 FR 32136, June 12, 1998; 64 FR 16843, Apr. 7, 1999; 65 FR 58399, Sept. 29, 2000; 66 FR 37598, July 19, 2001; 66 FR 48585, Sept. 21, 2001; 67 FR 35049, May 17, 2002; 69 FR 47022, Aug. 4, 2004; 70 FR 7047, Feb. 10, 2005; 78 FR 33736, June 5, 2013; 82 FR 9523, Feb. 7, 2017; 84 FR 66620, Dec. 5, 2019] § 180.500 Imazapyr; tolerances for residues. Cattle, fat 0.05 Cattle, kidney 0.20 Cattle, meat 0.05 Cattle, meat byproducts, except kidney 0.05 Corn, �eld, forage 0.05 Corn, �eld, grain 0.05 Corn, �eld, stover 0.05 Fish 1.0 Goat, fat 0.05 Goat, kidney 0.20 Goat, meat 0.05 Goats, meat byproducts, except kidney 0.05 Grass, forage 100 Grass, hay 30 Horse, fat 0.05 Horse, kidney 0.20 Horse, meat 0.05 (a) General. Tolerances are established for residues of the herbicide, imazapyr, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the residues of imazapyr [2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H imidazol-2-yl]-3-pyridinecarboxylic acid]. Commodity Parts per million https://www.federalregister.gov/citation/62-FR-15620 https://www.federalregister.gov/citation/62-FR-26966 https://www.federalregister.gov/citation/63-FR-32136 https://www.federalregister.gov/citation/64-FR-16843 https://www.federalregister.gov/citation/65-FR-58399 https://www.federalregister.gov/citation/66-FR-37598 https://www.federalregister.gov/citation/66-FR-48585 https://www.federalregister.gov/citation/67-FR-35049 https://www.federalregister.gov/citation/69-FR-47022 https://www.federalregister.gov/citation/70-FR-7047 https://www.federalregister.gov/citation/78-FR-33736 https://www.federalregister.gov/citation/82-FR-9523 https://www.federalregister.gov/citation/84-FR-66620 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 628/1218 Horse, meat byproducts, except kidney 0.05 Lentil 0.2 Milk 0.01 Rapeseed subgroup 20A 0.05 Sheep, fat 0.05 Sheep, kidney 0.20 Sheep, meat 0.05 Sheep, meat byproducts, except kidney 0.05 Shell�sh 0.10 Soybean, meal 4.5 Soybean, seed 4.0 Sun�ower subgroup 20B 0.05 There are no U.S. Registrations. [68 FR 55484, Sept. 26, 2003, as amended at 78 FR 66653, Nov. 6, 2013; 79 FR 19487, Apr. 9, 2014] § 180.501 Hydroprene; tolerances for residues. 1 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. A tolerance of 0.2 part per million is established for residues of hydroprene [(S) (Ethyl (2E,4E,7S)-3,7,11-trimrthyl-2,4-dodecadienoate)], (CAS Reg. No. 65733-18-8) on food commodities in food-handling establishments in accordance with the following prescribed conditions: (1) Application shall be limited to spot, crack and crevice, perimeter and ultra low volume (ULV) fogging treatment in food storage or food-handling establishments, including warehouses, food service, manufacturing, and processing establishments such as restaurants, cafeterias, supermarkets, bakeries, breweries, dairies, meat slaughtering and packing plants, and canneries where food and food products are held, processed, and served: Provided that the food is removed or covered prior to such use, and food-processing surfaces are covered during treatment or thoroughly Commodity Parts per million https://www.federalregister.gov/citation/68-FR-55484 https://www.federalregister.gov/citation/78-FR-66653 https://www.federalregister.gov/citation/79-FR-19487 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 629/1218 [62 FR 61647, Nov. 19, 1997, as amended at 71 FR 74818, Dec. 13, 2006] ยง 180.502 Aminoethoxyvinylglycine hydrochloride (aviglycine HCl); tolerances for residues. Apple 0.08 Fruit, stone, group 12, except cherry 0.170 Pear 0.08 [62 FR 24838, May 7, 1997, as amended at 64 FR 31129, June 10, 1999; 66 FR 36481, 36484, July 12, 2001; 69 FR 7606, Feb. 18, 2004] ยง 180.503 Cymoxanil, tolerance for residues. Caneberry, subgroup 13A-07 4.0 Cilantro, leaves 19 cleaned before using, or in the case of point-source device treatments, devices must not come into direct contact with food preparation surfaces and must be in a minimum distance of 3 feet from exposed foods. (2) To assure safe use of the insect growth regulator, the label and labeling shall conform to that registered by the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of aminoethoxyvinylglycine hydrochloride (aviglycine HCl) in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide, cymoxanil, 2-cyano -N [(ethylamino)carbonyl]-2-(methoxyimino) acetamide, in or on the following food commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/62-FR-61647 https://www.federalregister.gov/citation/71-FR-74818 https://www.federalregister.gov/citation/62-FR-24838 https://www.federalregister.gov/citation/64-FR-31129 https://www.federalregister.gov/citation/66-FR-36481 https://www.federalregister.gov/citation/66-FR-36484 https://www.federalregister.gov/citation/69-FR-7606 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 630/1218 Hop, dried cones 7.0 Leafy greens, subgroup 4A 19 Leaf petioles, subgroup 4B 6.0 Lychee 1.0 Onion, bulb, subgroup 3-07A 0.05 Onion, green, subgroup 3-07B 1.1 Potato 0.05 Vegetable, cucurbit, group 9 0.05 Vegetable, fruiting, group 8 0.2 There is no U.S. registration for lychee. Grape 0.10 [62 FR 26411, May 14, 1997, as amended at 62 FR 39956, July 25, 1997; 63 FR 24949, May 6, 1998; 63 FR 66464, Dec. 2, 1998; 64 FR 6539, Feb. 10, 1999; 64 FR 47689, Sept. 1, 1999; 66 FR 37598, July 19, 2001; 67 FR 35049, May 17, 2002; 68 FR 41936, July 16, 2003; 70 FR 7047, Feb. 10, 2005; 72 FR 37646, July 11, 2007; 73 FR 58885, Oct. 8, 2008; 76 FR 34885, June 15, 2011] § 180.504 [Reserved] § 180.505 Emamectin; tolerances for residues. 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with a regional registration. Tolerances with a regional registration as de�ned in § 180.1(l) are established for the residues of the fungicide cymoxanil, 2-cyano -N [(ethylamino)carbonyl]-2-(methoxyimino) acetamide) in or on the raw agricultural commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/62-FR-26411 https://www.federalregister.gov/citation/62-FR-39956 https://www.federalregister.gov/citation/63-FR-24949 https://www.federalregister.gov/citation/63-FR-66464 https://www.federalregister.gov/citation/64-FR-6539 https://www.federalregister.gov/citation/64-FR-47689 https://www.federalregister.gov/citation/66-FR-37598 https://www.federalregister.gov/citation/67-FR-35049 https://www.federalregister.gov/citation/68-FR-41936 https://www.federalregister.gov/citation/70-FR-7047 https://www.federalregister.gov/citation/72-FR-37646 https://www.federalregister.gov/citation/73-FR-58885 https://www.federalregister.gov/citation/76-FR-34885 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 631/1218 Table 1 to Paragraph (a)(1) Almond, hulls 0.20 Apple, wet pomace 0.075 Artichoke, globe 0.05 Brassica, leafy greens, subgroup 4-16B 0.2 Celtuce 0.1 Cherry subgroup 12-12A 0.09 Cotton, gin byproducts 0.050 Cotton, undelinted seed 0.025 Fennel, �orence, fresh leaves and stalk 0.1 Fruit, pome, group 11-10 0.02 Grape, wine 0.03 Herb subgroup 19A 0.4 Kohlrabi 0.05 Leaf petiole vegetable subgroup 22B 0.1 Leafy greens subgroup 4-16A 1 Nut, tree, group 14-12 0.02 Soybean, seed 0.01 (1) Tolerances are established for emamectin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of emamectin (a mixture of a minimum of 90% 4′-epi-methylamino-4′-deoxyavermectin B and maximum of 10% 4′-epi-methylamino-4′-deoxyavermectin B ) and its metabolites 8,9-isomer of the B and B component of the parent (8,9-ZMA), or 4′-deoxy-4′-epi amino-avermectin B and 4'-deoxy-4′-epi-amino-avermectin B ; 4′-deoxy-4′-epi amino avermectin B (AB ); 4′-deoxy-4′-epi-(N-formyl-N-methyl)amino-avermectin (MFB ); and 4′-deoxy-4′-epi-(N-formyl)amino-avermectin B (FAB ), calculated as the stoichiometric equivalent of emamectin. 1a 1b 1a 1b 1a 1b 1a 1a 1a 1a 1a 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 632/1218 Tea, dried 0.5 Tea, instant 0.5 Tomato, paste 0.150 Vegetable, brassica, head and stem, group 5-16 0.05 Vegetable, cucurbit, group 9 0.02 Vegetable, fruiting, group 8-10 0.02 There are no U.S. registrations for use of emamectin on grape, wine. Emamectin benzoate has not been registered for use in the United States as of February 17, 2021. Cattle, fat 0.010 Cattle, liver 0.050 Cattle, meat 0.003 Cattle, meat byproducts, except liver 0.020 Goat, fat 0.010 Goat, liver 0.050 Goat, meat 0.003 Goat, meat byproducts, except liver 0.020 Hog, fat 0.003 Hog, liver 0.020 Hog, meat 0.002 2 2 1 2 (2) Tolerances are established for emamectin, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the sum of emamectin (MAB + MAB isomers) and the associated 8,9-Z isomers (8,9-ZB and 8,9-ZB ). 1a 1b 1a 1b Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 633/1218 Hog, meat byproducts (except liver) 0.005 Horse, fat 0.010 Horse, liver 0.050 Horse, meat 0.003 Horse, meat byproducts, except liver 0.020 Milk 0.003 Sheep, fat 0.010 Sheep, liver 0.050 Sheep, meat 0.003 Sheep, meat byproducts, except liver 0.020 [71 FR 18649, Apr. 12, 2006, as amended at 74 FR 2873, Jan. 16, 2009; 78 FR 18511, Mar. 27, 2013; 78 FR 49939, Aug. 16, 2013; 84 FR 44725, Aug. 27, 2019; 86 FR 9868, Feb. 17, 2021; 86 FR 44620, Aug. 13, 2021] ยง 180.506 Cyclanilide; tolerances for residues. Cattle, fat 0.10 Cattle, meat 0.02 Cattle, meat byproducts, except kidney 0.2 Cattle, kidney 2.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect and inadvertant residues. [Reserved] (a) General. Tolerances are established for residues of the plant growth regulator, cyclanilide, [1-(2,4-dichlorophenylaminocarbonyl)-cyclopropane carboxylic acid] determined as 2,4 dichloroaniline (calculated as cyclanilide) in or on the following food commodities and processed feed: Commodity Parts per million Commodity Parts Per Million https://www.federalregister.gov/citation/71-FR-18649 https://www.federalregister.gov/citation/74-FR-2873 https://www.federalregister.gov/citation/78-FR-18511 https://www.federalregister.gov/citation/78-FR-49939 https://www.federalregister.gov/citation/84-FR-44725 https://www.federalregister.gov/citation/86-FR-9868 https://www.federalregister.gov/citation/86-FR-44620 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 634/1218 Cotton, undelinted seed 0.60 Cotton, gin byproducts 25.0 Goat, fat 0.10 Goat, meat 0.02 Goat, meat byproducts, except kidney 0.20 Goat, kidney 2.0 Horse, fat 0.10 Horse, meat 0.02 Horse, meat byproducts, except kidney 0.20 Horse, kidney 2.0 Hog, fat 0.10 Hog, meat 0.02 Hog, meat byproducts, except kidney 0.20 Hog, kidney 2.0 Milk 0.04 Sheep, fat 0.10 Sheep, meat 0.20 Sheep, meat byproducts, except kidney 0.20 Sheep, kidney 2.0 [62 FR 28355, May 23, 1997; 62 FR 34182, June 25, 1997] ยง 180.507 Azoxystrobin; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts Per Million https://www.federalregister.gov/citation/62-FR-28355 https://www.federalregister.gov/citation/62-FR-34182 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 635/1218 Acerola 2.0 Almond, hulls 4.0 Animal feed, nongrass, group 18, forage 45 Animal feed, nongrass, group 18, hay 120 Artichoke, globe 4.0 Asparagus 0.04 Atemoya 2.0 Avocado 2.0 Banana * Barley, bran 6.0 Barley, forage 25 Barley, grain 3.0 Barley, hay 10.0 Barley, straw 15.0 Beet, sugar, roots 5.0 Berry, low growing, subgroup 13-07G, except cranberry 10.0 Biriba 2.0 Brassica, head and stem, subgroup 5A 3.0 (a) General. (1) Tolerances are established for residues of the fungicide, azoxystrobin, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only the sum of azoxystrobin, [methyl(E)-2-(2-(6-(2-cyanophenoxy) pyrimidin-4-yloxy)phenyl)-3-methoxyacrylate], and the Z-isomer of azoxystrobin [methyl(Z)-2-(2-(6-(2-cyanophenoxy)pyrimidin-4-yloxy)phenyl)-3 methoxyacrylate] in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 636/1218 Brassica, leafy greens, subgroup 5B 25 Bushberry subgroup 13-07B 5.0 Caneberry subgroup 13-07A 5.0 Canistel 2.0 Cherimoya 2.0 Cilantro, leaves 30.0 Citrus, dried pulp 20.0 Citrus, oil 40.0 Coffee, green bean 0.03 Corn, �eld, forage 12.0 Corn, �eld, grain 0.05 Corn, �eld, re�ned oil 0.3 Corn, �eld, stover 25.0 Corn, pop, grain 0.05 Corn, pop, stover 25.0 Corn, sweet, forage 12.0 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 25.0 Cotton, gin byproducts 45 Cottonseed subgroup 20C 0.7 Cranberry 0.50 Custard apple 2.0 Dragon fruit 2.0 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 637/1218 Feijoa 2.0 Fruit, citrus, group 10-10 15.0 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.0 Fruit, stone, group 12-12 2.0 Ginseng 0.5 Grain, aspirated fractions 420 Grass, forage 15 Grass, hay 20 Guava 2.0 Herb Subgroup 19A, dried leaves 260 Herb Subgroup 19A, fresh leaves 50 Hop, dried cones 20.0 Ilama 2.0 Jaboticaba 2.0 Jackfruit 2.0 Longan 2.0 Loquat 2.0 Lychee 2.0 Mango 2.0 Nut, tree, group 14-12, except pistachio 0.02 Oats, forage 5.0 Oats, grain 1.5 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 638/1218 Oats, hay 10.0 Oats, straw 3.0 Onion, bulb, subgroup 3-07A 1.0 Onion, green, subgroup 3-07B 7.5 Papaya 2.0 Passionfruit 2.0 Pawpaw 2.0 Pea and bean, dried shelled, except soybean, subgroup 6C 0.5 Pea and bean, succulent shelled, subgroup 6B 0.5 Peanut 0.2 Peanut, hay 15.0 Peanut, re�ned oil 0.6 Pear, Asian 0.07 Pepper/eggplant subgroup 8-10B 3.0 Peppermint, tops 30 Persimmon 2.0 Pistachio 0.50 Pulasan 2.0 Quinoa, grain 3.0 Rambutan 2.0 Rapeseed subgroup 20A 1.0 Rice, grain 5.0 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 639/1218 Rice, hulls 20 Rice, wild, grain 5.0 Rye, forage 7.0 Rye, grain 0.2 Rye, straw 1.5 Sapodilla 2.0 Sapote, black 2.0 Sapote, mamey 2.0 Sapote, white 2.0 Sorghum, grain, forage 25 Sorghum, grain, grain 11 Sorghum, grain, stover 40 Soursop 2.0 Soybean, hay 55.0 Soybean, hulls 1.0 Soybean, seed 0.5 Spanish lime 2.0 Spearmint, tops 30 Spice Subgroup 19B, except black pepper 38 Star apple 2.0 Starfruit 2.0 Sugar apple 2.0 Sugarcane, cane 0.2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 640/1218 Sun�ower subgroup 20B 0.5 Tamarind 2.0 Tea, dried 20.0 Ti, leaves 50.0 Ti, roots 0.5 Tomato, paste 0.6 Tomato subgroup 8-10A 0.2 Turnip, greens 25 Vegetable, cucurbit, group 9 0.3 Vegetable, foliage of legume, group 7 30.0 Vegetable, leafy, except brassica, group 4 30.0 Vegetable, leaves of root and tuber, group 2 50.0 Vegetable, legume, edible podded, subgroup 6A, except soybean 3.0 Vegetable, root, except sugar beet, subgroup 1B 1.0 Vegetable, tuberous and corm, subgroup 1C 8.0 Wasabi, dry 260 Wasabi, fresh 50 Watercress 3.0 Wax jambu 2.0 Wheat, forage 15.0 Wheat, grain 0.2 Wheat, hay 30.0 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 641/1218 Wheat, straw 10.0 * 2.0 (of which not more than 0.1 is contained in the pulp) There are no United States registrations for use of azoxystrobin on coffee, green bean; ginseng; pear, Asian and tea, dried. Cattle, fat 0.03 Cattle, meat 0.01 Cattle, meat byproducts 0.07 Goat, fat 0.03 Goat, meat 0.01 Goat, meat byproducts 0.07 Hog, fat 0.010 Hog, meat 0.01 Hog, meat byproducts 0.010 Horse, fat 0.03 Horse, meat 0.01 Horse, meat byproducts 0.07 Milk. 0.006 Sheep, fat 0.03 Sheep, meat 0.01 1 (2) Tolerances are established for residues of the fungicide, azoxystrobin, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only azoxystrobin, [methyl(E)-2-(2-(6-(2-cyanophenoxy) pyrimidin-4 yloxy)phenyl)-3-methoxyacrylate] in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 642/1218 Sheep, meat byproducts 0.07 [62 FR 32235, June 13, 1997] § 180.509 Mefenpyr-diethyl; tolerance for residues. Barley, grain 0.05 Barley, hay 0.2 Barley, straw 0.5 Cattle, meat byproducts 0.1 Goat, meat byproducts 0.1 Grass, forage 1.6 Grass, hay 0.2 Hog, meat byproducts 0.1 Horse, meat byproducts 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registration. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the safener, mefenpyr-diethyl, including its metabolites and degradates, when applied at a rate no greater than 0.053 pound safener per acre per growing season in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of mefenpyr-diethyl (1-(2,4-dichlorophenyl)-4,5-dihydro-5-methyl-1H pyrazole-3,5-dicarboxylic acid, diethyl ester) and its 2,4-dichlorophenyl-pyrazoline metabolites, calculated as the stoichiometric equivalent of mefenpyr-diethyl, in or on the commodity. Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.507, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/62-FR-32235 https://www.ecfr.gov/current/title-40/section-180.507 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 643/1218 Sheep, meat byproducts 0.1 Sorghum, grain, forage 0.4 Sorghum, grain, grain 0.04 Sorghum, grain, stover 0.2 Wheat, forage 0.2 Wheat, grain 0.05 Wheat, hay 0.2 Wheat, straw 0.5 Canola, seed 0.02 Soybean, forage 0.1 Soybean, hay 0.1 Soybean, seed 0.02 [73 FR 74977, Dec. 10, 2008, as amended at 76 FR 23903, Apr. 29, 2011] § 180.510 Pyriproxyfen; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the indirect or inadvertent residues of mefenpyr-diethyl, including its metabolites and degradates, when applied at a rate no greater than 0.053 pound safener per acre per growing season in or on the commodities identi�ed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of mefenpyr-diethyl (1-(2,4 dichlorophenyl)-4,5-dihydro-5-methyl-1H-pyrazole-3,5-dicarboxylic acid, diethyl ester) and its 2,4-dichlorophenyl-pyrazoline metabolites, calculated as the stoichiometric equivalent of mefenpyr-diethyl, in or on the commodity. (a) General. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/73-FR-74977 https://www.federalregister.gov/citation/76-FR-23903 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 644/1218 Acerola 0.10 Almond, hulls 2.0 Animal feed, nongrass, group 18, forage 0.70 Animal feed, nongrass, group 18, hay 1.1 Animal feed, nongrass, group 18, seed 2.0 Apple, wet pomace 0.8 Artichoke, globe 2.0 Asparagus 2.0 Atemoya 0.20 Avocado 1.0 Banana 0.20 Beet, sugar, dried pulp 3.0 Berry, low growing, except strawberry, subgroup 13 07H 1.0 Biriba 0.20 Brassica, head and stem, subgroup 5A 0.70 Brassica, leafy greens, subgroup 5B 2.0 Bushberry subgroup 13-07B 1.0 Cacao bean, dried 0.02 Caneberry subgroup 13-07A 1.0 Canistel 1.0 (1) Tolerances are established for residues of pyriproxyfen, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed is determined by measuring only pyriproxyfen, 2-[1-methyl 2-(4-phenoxyphenoxy) ethoxy]pyridine, in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 645/1218 Canola, seed 0.20 Cherimoya 0.20 Citrus, oil 20 Citrus, dried pulp 2.0 Coffee, instant 0.10 Coffee, green bean 0.02 Cotton, gin byproducts 2.0 Cotton, undelinted seed 0.05 Custard apple 0.20 Date 0.30 Feijoa 0.10 Fig 0.30 Fig, dried fruit 1.0 Fruit, citrus, group 10-10 0.50 Fruit, pome, group 11-10 0.20 Fruit, small, vine climbing, except grape, subgroup 13 07E 0.35 Fruit, stone, group 12 1.0 Grain, cereal, group 15 1.1 Grain, cereal, forage, fodder and straw, group 16 1.1 Grape 2.5 Grass, forage, fodder, and hay, group 17, forage 0.70 Grass, forage, fodder, and hay, group 17, hay 1.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 646/1218 Guava 0.10 Herb subgroup 19A 100 Ilama 0.20 Jaboticaba 0.10 Lychee 0.30 Mango 1.0 Nut, tree, group 14 0.02 Olive 1.0 Olive, oil 2.0 Papaya 1.0 Passionfruit 0.10 Pawpaw 1.0 Peanut 0.20 Pineapple 0.30 Pineapple, process residue 1.1 Pistachio 0.02 Pomegranate 0.20 Potato, chips 0.75 Potato, granules/�akes 0.75 Potato, wet peel 0.75 Pulasan 0.30 Rambutan 0.30 Rice, hulls 5.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 647/1218 Sa�ower, seed 0.20 Sapodilla 1.0 Sapote, black 1.0 Sapote, mamey 1.0 Sapote, white 0.30 Sesame, seed 0.02 Soursop 0.20 Spanish lime 0.30 Star apple 1.0 Starfruit 0.10 Strawberry 0.30 Sugar apple 0.20 Sugarcane 1.1 Tea 15 Vegetable, bulb, group 3-07 0.70 Vegetable, cucurbit, group 9 0.10 Vegetable, foliage of legume, group 7 2.0 Vegetable, fruiting, group 8-10 0.80 Vegetable, leafy, except Brassica, group 4 3.0 Vegetable, leaves of root and tuber, group 2 2.0 Vegetable, legume, group 6 0.20 Vegetable, root and tuber, group 1 0.15 Walnut 0.02 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 648/1218 Watercress 2.0 Wax jambu 0.10 [64 FR 10233, Mar. 3, 1999] § 180.511 Buprofezin; tolerances for residues. Almond, hulls 2.0 Apricot 9.0 (2) A tolerance of 0.10 parts per million is established for all food commodities as a result of the proposed use of NYLAR in food handling establishments where food and food products are held, prepared, processed or served. Application is limited to space, general surface, spot, and/or crack and crevice treatment in food handling establishments where food and food products are held, processed, prepared and served. Space and general surface application may be used only when the facility is not in operation provided exposed food is covered or removed from the area being treated prior to application. Spot, and/or crack and crevice treatment may be used while the facility is in operation provided exposed food is covered or removed from the area being treated prior to application. Food contact surfaces should be thoroughly washed with an effective cleaning compound and rinced with potable water after use of the product. To assure safe use of this additive, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency, and shall be used in accordance with such label and labeling. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of buprofezin, including its metabolites and degradates in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the buprofezin, 2 [(1,1-dimethylethyl)imino]tetrahydro-3(1-methylethyl)-5-phenyl-4H-1,3,5-thiadiazin-4-one, in the commodity. 3 Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.510, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/64-FR-10233 https://www.ecfr.gov/current/title-40/section-180.510 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 649/1218 Atemoya 0.30 Avocado 0.30 Banana 0.20 Bean, snap, succulent 0.02 Bean, succulent 0.02 Berry, low growing, subgroup 13-07G 2.5 Birida 0.30 Brassica, leafy greens, subgroup 4-16B 60 Canistel 0.90 Cattle, fat 0.05 Cattle, kidney 0.05 Cattle, liver 0.05 Cattle, meat 0.05 Cattle, meat byproducts 0.05 Celtuce 35 Cherimoya 0.30 Citrus, dried pulp 7.5 Citrus, oil 80 Coffee, green bean 0.35 Cotton, gin byproducts 20.0 Cottonseed subgroup 20C 0.35 Custard apple 0.30 Feijoa 0.30 Fennel, Florence, fresh leaves and stalk 35 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 650/1218 Fig 0.7 Fruit, citrus, group 10-10 4 Fruit, pome, group 11-10, except pear and pear, Asian 3.0 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 1 Fruit, stone, group 12-12, except nectarine and peach 2 Goat, fat 0.05 Goat, kidney 0.05 Goat, liver 0.05 Goat, meat 0.05 Goat, meat byproducts 0.05 Grape 2.5 Grape, raisin 2 Guava 0.3 Hog, fat 0.05 Hog, kidney 0.05 Hog, liver 0.05 Hog, meat 0.05 Hog, meat byproducts 0.05 Horse, fat 0.05 Horse, kidney 0.05 Horse, liver 0.05 Horse, meat 0.05 Horse, meat byproducts 0.05 Ilama 0.30 3 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 651/1218 Jaboticaba 0.30 Kohlrabi 12 Leaf petiole vegetable subgroup 22B 35 Leafy greens subgroup 4-16A 35 Mango 0.90 Milk 0.01 Nut, tree, group 14-12 0.05 Papaya 0.90 Passionfruit 0.30 Peach 9.0 Pear 6.0 Pear, Asian 6.0 Persimmon 1.9 Pomegranate 1.9 Pulasan 0.30 Rambutan 0.30 Rice, grain 1.5 Sapodilla 0.90 Sapote, black 0.90 Sapote, mamey 0.90 Sheep, fat 0.05 Sheep, kidney 0.05 Sheep, liver 0.05 Sheep, meat 0.05 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 652/1218 Sheep, meat byproducts 0.05 Soursop 0.30 Star apple 0.90 Starfruit 0.30 Sugar apple 0.30 Tea 20 Tropical and subtropical, small fruit, edible peel, subgroup 23A 5 Tropical and subtropical, small fruit, inedible peel, subgroup 24A 0.3 Vegetable, Brassica, head and stem, group 5-16 12 Vegetable, cucurbit, group 9 0.50 Vegetable, fruiting, group 8-10 2.0 There are no U.S. registrations as of July 10, 2017 for use on rice. There are no U.S. registrations at this time. This tolerance expires on March 2, 2020. [62 FR 40741, July 30, 1997] ยง 180.512 [Reserved] ยง 180.513 Chlorfenapyr; tolerances for residues. 2 1 2 3 (b) Section 18 emergency exemption. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million For FEDERAL REGISTER citations affecting ยง 180.511, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/62-FR-40741 https://www.ecfr.gov/current/title-40/section-180.511 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 653/1218 Basil, fresh leaves 80 Chive, fresh leaves 20 Cucumber 0.5 Tea, dried 70 Vegetable, fruiting, group 8-10 2 There are no U.S. registrations for Tea, dried as of January 26, 2018. (1) Tolerances are established for residues of chlorfenapyr, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only chlorfenapyr, 4-bromo-2-(4-chlorophenyl)-1-(ethoxymethyl)-5-(tri�uoromethyl)-1H-pyrrole-3 carbonitrile, in or on the commodity. 1 1 (2) A tolerance of 0.01 parts per million is established for residues of chlorfenapyr in or on all food commodities (other than those covered by a higher tolerance as a result of use on growing crops) in food/feed handling areas where food/feed products are prepared, held, processed, or served and in accordance with the following prescribed conditions: (i) Application shall be no greater than a 0.5% active ingredient solution for spot crack and crevice use in food/feed handling establishments, where food and food products are held, processed, prepared and/or served. (ii) Application may only be undertaken when the facility is not in operation, and provided exposed food has been covered, or removed from the area being treated prior to application. (iii) Food contact surfaces and equipment should be throughly washed with an effective cleaning compound, and rinsed with potable water after each use of the product. (iv) Contamination of food or food contact surfaces shall be avoided. Application excludes any direct application to any food, food packaging, or any food contact surfaces. (v) To assure safe use, the label and labeling shall conform to that registered by the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 654/1218 [68 FR 55527, Sept. 26, 2003, as amended at 70 FR 3654, Jan. 26, 2005; 83 FR 3610, Jan. 26, 2018; 85 FR 8472, Feb. 14, 2020] § 180.514 Cloransulam-methyl; tolerances for residues. Soybean, forage 0.1 Soybean, hay 0.2 Soybean, seed 0.02 [62 FR 49163, Sept. 19, 1997] § 180.515 Carfentrazone-ethyl; tolerances for residues. Acerola 0.10 Almond, hulls 0.20 Animal feed, nongrass, crop group 18, forage 2.0 Animal feed, nongrass, crop group 18, hay 5.0 Animal feed, nongrass, crop group 18, seed 15.0 (a) General. Tolerances are established for residues of the herbicide, cloransulam-methyl, N (2-carboxymethyl-6-chlorophenyl)-5-ethoxy-7-�uoro-(1,2,4)-triazolo[1,5c]-pyrimidine-2 sulfonamide, plus its acid, cloransulam, calculated as parent ester in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide carfentrazone-ethyl, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the following tolerance levels is to be determined by measuring only the sum of carfentrazone-ethyl (ethyl-alpha-2-dichloro-5-[-4-(di�uoromethyl)-4,5 dihydro-3-methyl-5-oxo-1H -1,2,4-triazol-1-yl]-4-�uorobenzenepropanoate) and its metabolite carfentrazone-chloropropionic acid (alpha, 2-dichloro-5-[-4-di�uoromethyl)-4,5 dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-�uorobenzenepropanoic acid), calculated as the stoichiometric equivalent of carfentrazone-ethyl, in or on the following commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/68-FR-55527 https://www.federalregister.gov/citation/70-FR-3654 https://www.federalregister.gov/citation/83-FR-3610 https://www.federalregister.gov/citation/85-FR-8472 https://www.federalregister.gov/citation/62-FR-49163 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 655/1218 Artichoke, globe 0.10 Asparagus 0.10 Atemoya 0.10 Avocado 0.10 Banana 0.10 Berry, low growing, subgroup 13-07G 0.10 Birida 0.10 Bushberry subgroup 13-07B 0.10 Cacao bean, bean 0.10 Cactus 0.10 Caneberry subgroup 13-07A 0.10 Canistel 0.10 Cattle, fat 0.10 Cattle, meat 0.10 Cattle, meat byproducts 0.10 Cherimoya 0.10 Coffee, bean, green 0.10 Cotton, gin byproducts 10 Cottonseed subgroup 20C 0.20 Custard apple 0.10 Date, dried fruit 0.10 Feijoa 0.10 Fig 0.10 Fish 0.30 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 656/1218 Fruit, citrus, group 10-10 0.10 Fruit, pome, group 11-10 0.10 Fruit, small vine climbing, subgroup 13-07F, except Fuzzy kiwifruit 0.10 Fruit, stone, group 12-12 0.10 Goat, fat 0.10 Goat, meat 0.10 Goat, meat byproducts 0.10 Grain, aspirated grain fractions 1.8 Grain, cereal, group 15 (except rice grain and sorghum grain) 0.10 Grain, cereal, group 16, forage 1.0 Grain, cereal, group 16, hay 0.30 Grain, cereal, group 16, stover 0.80 Grain, cereal, group 16, straw 3.0 Grass, forage 5.0 Grass, hay 8.0 Guava 0.10 Herbs and spices group 19 2.0 Hog, fat 0.10 Hog, meat 0.10 Hog, meat byproducts 0.10 Hop, dried cones 0.10 Horse, fat 0.10 Horse, meat 0.10 Horse, meat byproducts 0.10 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 657/1218 Horseradish 0.10 Ilama 0.10 Jaboticaba 0.10 Kava, roots 0.10 Kiwifruit 0.10 Longan 0.10 Lychee 0.10 Mango 0.10 Milk 0.05 Noni 0.10 Nut, tree, group 14-12 0.10 Olive 0.10 Palm heart 0.10 Palm heart, leaves 0.10 Papaya 0.10 Passionfruit 0.10 Pawpaw 0.10 Peanut 0.10 Peanut, hay 0.10 Peppermint, tops 0.10 Persimmon 0.10 Pomegranate 0.10 Poultry, meat byproducts 0.10 Psyllium, seed 0.10 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 658/1218 Pulasan 0.10 Quinoa, grain 0.10 Rambutan 0.10 Rapeseed, forage 0.10 Rapeseed subgroup 20A 0.10 Rice, grain 1.3 Sapodilla 0.10 Sapote, black 0.10 Sapote, mamey 0.10 Sheep, fat 0.10 Sheep, meat 0.10 Sheep, meat byproducts 0.10 Shell�sh 0.30 Sorghum, grain 0.25 Soursop 0.10 Soybean, seed 0.10 Spanish lime 0.10 Spearmint, tops 0.10 Star apple 0.10 Starfruit 0.10 Stevia 0.10 Strawberrypear 0.10 Sugar apple 0.10 Sugarcane 0.15 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 659/1218 Sun�ower, subgroup 20B 0.10 Tea, dried 0.10 Teff, forage 1.0 Teff, grain 0.25 Teff, hay 0.30 Teff, straw 3.0 Ti, leaves 0.10 Ti, roots 0.10 Vanilla 0.10 Vegetable, brassica, leafy, group 5 0.10 Vegetable, bulb, group 3-07 0.10 Vegetable, cucurbit, group 9 0.10 Vegetable, foliage of legume, except soybean, subgroup 7A 0.10 Vegetable, fruiting, group 8-10 0.10 Vegetable, leafy, except brassica, group 4 0.10 Vegetable, leaves of root and tuber, group 2 0.10 Vegetable, legume, group 6 0.10 Vegetable, root and tuber, group 1 0.10 Wasaba, roots 0.10 Wax jambu 0.10 Effective Date to be removed: May 18, 2016.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 660/1218 [63 FR 52180, Sept. 30, 1998] § 180.516 Fludioxonil; tolerances for residues. Table 1 to Paragraph (a)(1) Acerola 5.0 Animal feed, nongrass, group 18 0.01 Atemoya 20 Avocado 5.0 Banana 3 Bean, dry 0.4 Bean, succulent 0.4 Beet, sugar, roots 4.0 Berry, low growing, subgroup 13-07G, except cranberry 3.0 Biriba 20 Brassica, leafy greens, subgroup 4-16B, except watercress 15 Bushberry subgroup 13-07B 2.0 Caneberry subgroup 13-07A 5.0 (a) General. (1) Tolerances are established for residues of the fungicide �udioxonil, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only �udioxonil, 4-(2,2-di�uoro-1,3-benzodioxol-4-yl)-1-H pyrrole-3-carbonitrile). 1 Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.515, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/63-FR-52180 https://www.ecfr.gov/current/title-40/section-180.515 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 661/1218 Canistel 5.0 Carrots 7.0 Cherimoya 20 Citrus, oil 500 Cotton, gin byproducts 0.05 Cotton, undelinted seed 0.05 Custard apple 20 Dragon fruit 1.0 Feijoa 5.0 Flax, seed 0.05 Fruit, citrus, group 10-10 10 Fruit, pome, group 11-10 5.0 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.0 Fruit, stone, group 12-12 5.0 Ginseng 4.0 Grain, cereal, group 15 0.02 Grain, cereal, forage, fodder, and straw, group 16 0.01 Grass, forage, fodder and hay, group 17 0.01 Guava 5.0 Herb subgroup 19A, dried leaves 65 Herb subgroup 19A, fresh leaves 10 Ilama 20 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 662/1218 Jaboticaba 5.0 Kiwifruit, fuzzy 20 Kohlrabi 2 Leaf petioles subgroup 4B 15 Leafy greens subgroup 4A 30 Longan 20 Lychee 20 Mango 5.0 Melon subgroup 9A 0.03 Onion, bulb, subgroup 3-07A 0.50 Onion, green, subgroup 3-07B 7.0 Papaya 5.0 Passionfruit 5.0 Peanut 0.01 Peanut, hay 0.01 Pineapple 20 Pistachio 0.10 Pomegranate 5.0 Pulasan 20 Rambutan 20 Rapeseed, forage 0.01 Rapeseed subgroup 20A, except �ax seed 0.01 Sa�ower, seed 0.01 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 663/1218 Sapodilla 5.0 Sapote, black 5.0 Sapote, mamey 5.0 Soursop 20 Spanish lime 20 Spice subgroup 19B 0.02 Star apple 5.0 Starfruit 5.0 Sugar apple 20 Sun�ower, seed 0.01 Tomato 5.0 Turnip, greens 10 Vegetable, Brassica, head and stem, group 5-16 2 Vegetable, cucurbit, group 9 0.45 Vegetable, foliage of legume, group 7 0.01 Vegetable, fruiting, group 8-10, except tomato 0.50 Vegetable, leaves of root and tuber, group 2 30 Vegetable, legume, group 6 0.01 Vegetable, root, except sugar beet, subgroup 1B 0.75 Vegetable, tuberous and corm, subgroup 1C 6.0 Watercress 10 Wax jambu 5.0 Yam, true, tuber 8.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 664/1218 There are no U.S. registrations as of July 28, 2021. Cattle, fat 0.05 Cattle, meat 0.01 Cattle, meat byproducts 0.05 Goat, fat 0.05 Goat, meat 0.01 Goat, meat byproducts 0.05 Horse, fat 0.05 Horse, meat 0.01 Horse, meat byproducts 0.05 Milk 0.01 Sheep, fat 0.05 Sheep, meat 0.01 Sheep, meat byproducts 0.05 [62 FR 56082, Oct. 29, 1997] 1 (2) Tolerances are established for residues of the fungicide �udioxonil, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the sum of �udioxonil, 4-(2,2-di�uoro-1,3-benzodioxol 4-yl)-1-H-pyrrole-3-carbonitrile), and its metabolites converted to 2,2-di�uoro-l,3 benzodioxole-4-carboxylic acid, calculated as the stoichiometric equivalent of �udioxonil. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.516, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/62-FR-56082 https://www.ecfr.gov/current/title-40/section-180.516 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 665/1218 § 180.517 Fipronil; tolerances for residues. Cattle, fat 0.40 Cattle, liver 0.10 Cattle, meat 0.04 Cattle, meat byproducts, except liver 0.04 Corn, �eld, grain 0.02 Corn, �eld, stover 0.30 Corn, �eld, forage 0.15 Egg 0.03 Goat, fat 0.40 Goat, liver 0.10 Goat, meat 0.04 Goat, meat byproducts, except liver 0.04 Hog, fat 0.04 Hog, liver 0.02 Hog, meat 0.01 Hog, meat byproducts, except liver 0.01 Horse, fat 0.40 Horse, liver 0.10 (a) General. Therefore, tolerances are established for combined residues of the insecticide �pronil (5-amino-1-[2,6-dichloro-4-(tri�uoromethyl)phenyl]-4-[(1R,S) (tri�uoromethyl)sul�nyl]-1H-pyrazole-3-carbonitrile) and its metabolites 5-amino-1-[2,6 dichloro-4-(tri�uoromethyl)phenyl]-4-[(tri�uoromethyl) sulfonyl]-1H-pyrazole-3-carbonitrile and 5-amino-1-[2,6-dichloro-4-(tri�uoromethyl) phenyl]-4-[(tri�uoromethyl)thio]-1H pyrazole-3-carbonitrile and its photodegradate 5-amino-1-(2,6-dichloro-4 (tri�uoromethyl)phenyl]-4-[(1R,S)-(tri�uoromethyl)]-1H-pyrazole-3-carbonitrile in or on the following items at the levels speci�ed: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 666/1218 Horse, meat 0.04 Horse, meat byproducts, except liver 0.04 Milk, fat (re�ecting 0.05 ppm in whole milk) 1.50 Potato 0.03 Potato, wet peel 0.10 Poultry, fat 0.05 Poultry, meat 0.02 Poultry, meat byproducts 0.02 Rice, grain 0.04 Sheep, fat 0.40 Sheep, liver 0.10 Sheep, meat 0.04 Sheep, meat byproducts, except liver 0.04 Rutabaga 1.0 12/31/16 Turnip 1.0 12/31/16 (b) Section 18 emergency exemptions.. Time-limited tolerances are established for combined residues of the insecticide, �pronil, 5-amino-1-(2,6-dichloro-4-(tri�uoromethyl) phenyl)-4 ((1,R,S)-tri�uoromethyl)sul�nyl)-1-H-pyrazole-3-carbonitrile and its 2 metabolites MB45950 (5-amino-1-(2,6-dichloro-4-(tri�uoromethyl)phenyl)-4-[(tri�uoromethyl)thio]-1H pyrazole-3-carbonitrile) and MB46136 (5-amino-1-(2,6-dichloro-4 (tri�uoromethyl)phenyl)-4-[(tri�uoromethyl)sulfonyl]-1H-pyrazole-3-carbonitrile) and its photodegradate MB46513 (5-amino-1-(2,6-dichloro-4-(tri�uoromethyl)phenyl]-4-[(1R,S) (tri�uoromethyl)]-1H-pyrazole-3-carbonitrile), in connection with use of the pesticide under Section 18 emergency exemptions granted by EPA. The tolerances expire and are revoked on the dates speci�ed in the table for this paragraph. (c) Tolerances with regional registrations. [Reserved] Commodity Parts per million Commodity Parts per million Expiration/revocation date 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 667/1218 Wheat, forage 0.02 Wheat, grain 0.005 Wheat, hay 0.03 Wheat, straw 0.03 [62 FR 62979, Nov. 26, 1997, as amended at 63 FR 38495, July 17, 1998; 72 FR 46913, Aug. 22, 2007; 74 FR 46377, Sept. 9, 2009; 75 FR 80346, Dec. 22, 2010; 78 FR 78748, Dec. 27, 2013; 80 FR 72599, Nov. 20, 2015] § 180.518 Pyrimethanil; tolerances for residues. Almond 0.20 Almond, hulls 12 Apple, wet pomace 40 Banana 0.10 Berry, low growing, subgroup 13-07G 3.0 Bushberry subgroup 13-07B 8.0 Caneberry subgroup 13-07A 15 Citrus, oil 150 (d) Indirect or inadvertent residues. Tolerances are established for combined indirect or inadvertent residues of the insecticide �pronil and its metabolites and photodegradate in or on food commodities when present therein as a result of the application of �pronil to growing crops listed in paragraphs (a) and (b) of this section and other nonfood crops to read as follows: (a) General. (1) Tolerances are established for residues of the fungicide pyrimethanil, including its metabolites and degradates, in or on the commodities in the following table Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only pyrimethanil (4,6-dimethyl-N-phenyl-2 pyrimidinamine). Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/62-FR-62979 https://www.federalregister.gov/citation/63-FR-38495 https://www.federalregister.gov/citation/72-FR-46913 https://www.federalregister.gov/citation/74-FR-46377 https://www.federalregister.gov/citation/75-FR-80346 https://www.federalregister.gov/citation/78-FR-78748 https://www.federalregister.gov/citation/80-FR-72599 https://www.ecfr.gov/current/title-40/section-180.517#p-180.517(a) https://www.ecfr.gov/current/title-40/section-180.517#p-180.517(b) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 668/1218 Cucumber 1.5 Fruit, citrus, group 10-10 10 Fruit, pome, group 11-10 15 Fruit, small, vine climbing, subgroup 13-07F, except fuzzy kiwifruit 5.0 Fruit, stone, group 12-12 10 Ginseng 1.5 Grape, raisin 8.0 Onion, bulb, subgroup 3-07A 0.2 Onion, green, subgroup 3-07B 3.0 Pistachio 0.20 Pomegranate 5.0 Tomato subgroup 8-10A 0.50 Vegetable, tuberous and corm, subgroup 1C 0.05 Cattle, fat 0.01 Cattle, kidney 2.5 Cattle, meat 0.01 Cattle, meat byproducts, except kidney 0.01 Goat, fat 0.01 (2) Tolerances are established for residues of the fungicide pyrimethanil, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the sum of pyrimethanil and its metabolite 4-[4,6 dimethyl-2-pyrimidinyl)amino]phenol, calculated as the stoichiometric equivalent of pyrimethanil. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 669/1218 Goat, kidney 2.5 Goat, meat 0.01 Goat, meat byproducts, except kidney 0.01 Horse, fat 0.01 Horse, kidney 2.5 Horse, meat 0.01 Horse, meat byproducts, except kidney 0.01 Sheep, fat 0.01 Sheep, kidney 2.5 Sheep, meat 0.01 Sheep, meat byproducts, except kidney 0.01 Milk 0.05 [62 FR 63669, Dec. 2, 1997, as amended at 69 FR 52443, Aug. 26, 2004; 73 FR 64251, Oct. 29, 2008; 74 FR 32448, July 8, 2009; 77 FR 45503, Aug. 1, 2012; 80 FR 7975, Feb. 13, 2015; 80 FR 63691, Oct. 21, 2015] § 180.519 Bromide ion and residual bromine; tolerances for residues. (3) Tolerances are established for residues of the fungicide pyrimethanil, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the sum of pyrimethanil and its metabolite 4,6 dimethyl-2-(phenylamino)-5-pyrimidinol, calculated as the stoichiometric equivalent of pyrimethanil. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. The food additives, bromide ion and residual bromine, may be present in water, potable in accordance with the following conditions: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/62-FR-63669 https://www.federalregister.gov/citation/69-FR-52443 https://www.federalregister.gov/citation/73-FR-64251 https://www.federalregister.gov/citation/74-FR-32448 https://www.federalregister.gov/citation/77-FR-45503 https://www.federalregister.gov/citation/80-FR-7975 https://www.federalregister.gov/citation/80-FR-63691 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 670/1218 [41 FR 17893, Apr. 29, 1976. Redesignated at 41 FR 26568, June 28, 1976, and at 53 FR 24667, June 29, 1988. Redesignated and amended at 63 FR 34319, June 24, 1998; 71 FR 74818, Dec. 13, 2006] § 180.521 Fumigants for grain-mill machinery; tolerances for residues. [40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976, as amended at 49 FR 44459, Nov. 7, 1984. Further redesignated at 53 FR 24667, June 29, 1988, as amended at 54 FR 6130, Feb. 8, 1989. Further redesignated and amended at 63 FR 34319, June 24, 1998] § 180.522 Fumigants for processed grains used in production of fermented malt beverage; tolerances for residues. (1) The food additives are present as a result of treating water aboard ships with a polybrominated ion-exchange resin (as a source of bromine) under the supervision of trained personnel. (2) Residual bromine levels are controlled to not exceed 1.0 part per million (ppm) in the �nal treated water. Control is effected using calibrated recirculating or proportioning bromine feeder equipment and periodic checks of residual bromine using a bromine test kit. To assure safe use of the additives, the label and labeling of the disinfectant formulation containing the food additives shall conform to the label and labeling registered by the U.S. Environmental Protection Agency. (3) No tolerance is established for bromide ion levels. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Fumigants may be safely used in or on grain-mill machinery in accordance with the following prescribed conditions: (1) The fumigants consist of methyl bromide. (2) To assure safe use of the fumigant, its label and labeling shall conform to the label and labeling registered by the U.S. Environmental Protection Agency. (3) Residues of inorganic bromides (calculated as Br) in milled fractions derived from cereal grain from all fumigation sources, including fumigation of grain-mill machinery, shall not exceed 125 parts per million. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Fumigants for processed grain may be safely used, in accordance with the following conditions. (1) Methyl bromide. Total residues of inorganic bromides (calculated as Br) from the use of this fumigant shall not exceed 125 parts per milion. https://www.federalregister.gov/citation/41-FR-17893 https://www.federalregister.gov/citation/41-FR-26568 https://www.federalregister.gov/citation/53-FR-24667 https://www.federalregister.gov/citation/63-FR-34319 https://www.federalregister.gov/citation/71-FR-74818 https://www.federalregister.gov/citation/40-FR-14156 https://www.federalregister.gov/citation/41-FR-26568 https://www.federalregister.gov/citation/49-FR-44459 https://www.federalregister.gov/citation/53-FR-24667 https://www.federalregister.gov/citation/54-FR-6130 https://www.federalregister.gov/citation/63-FR-34319 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 671/1218 [71 FR 74818, Dec. 13, 2006] § 180.523 Metaldehyde; tolerances for residues. Artichoke, globe 0.07 Berry, low growing, subgroup 13-07G 6.25 Bushberry subgroup 13-07B 0.15 Cactus 0.07 Caneberry subgroup 13-07A 0.15 Corn, �eld, forage 0.30 Corn, �eld, grain 0.05 Corn, �eld, stover 0.10 Corn, sweet, forage 0.30 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 0.10 (2) Methyl bromide is used to fumigate corn grits and cracked rice in the production of fermented malt beverage. (3) To assure safe use of the fumigant, its label and labeling shall conform to the label and labeling registered by the U.S. Environmental Protection Agency, and the usage employed should conform with such label or labeling. (4) The total residue of inorganic bromides in fermented malt beverage, resulting from the use of corn grits and cracked rice fumigated with the fumigant described in paragraph (a)(2) of this section plus additional residues of inorganic bromides that may be present from uses in accordance with other regulations in this chapter promulgated under section 408 and/or 409 of the Act, does not exceed 25 parts per million bromide (calculated as Br). (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the molluscicide metaldehyde, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the speci�ed tolerance levels is to be determined by measuring only metaldehyde, 2,4,6,8-tetramethyl-1,3,5,7-tetroxocane, in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/71-FR-74818 https://www.ecfr.gov/current/title-40/section-180.522#p-180.522(a)(2) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 672/1218 Fruit, citrus, group 10-10 0.26 Ginseng 0.05 Grass, forage 2.0 Grass, hay 2.0 Leaf petioles subgroup 4B 0.50 Lettuce 1.73 Pea and bean, succulent shelled, subgroup 6B 0.20 Peppermint, oil 12 Peppermint, tops 4.0 Spearmint, oil 12 Spearmint, tops 4.0 Taro, corm 0.15 Taro, leaves 1.0 Tomato subgroup 8-10A 0.24 Vegetable, brassica, leafy, group 5 2.5 Vegetable, foliage of legume, except soybean, subgroup 7A 1.5 Vegetable, legume, edible podded subgroup 6A 0.80 Watercress 3.2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with a regional registration as de�ned in § 180.1(l) are established for residues of the molluscicide metaldehyde, including its metabolites and degradates, in or on the following commodities. Compliance with the speci�ed tolerance level is to be determined by measuring only metaldehyde, 2,4,6,8 tetramethyl-1,3,5,7-tetroxocane, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 673/1218 Beet, garden, leaves 0.08 Beet, garden, roots 0.05 Clover, forage 0.60 Clover, hay 0.60 Hop, dried cones 0.10 Rutabaga, roots 0.05 Soybean, seed 0.05 Turnip greens 0.08 Turnip, roots 0.05 Wheat, forage 0.05 Wheat, grain 0.05 Wheat, hay 0.05 Wheat, straw 0.05 [73 FR 54963, Sept. 24, 2008, as amended at 78 FR 70869, Nov. 27, 2013; 80 FR 11588, Mar. 4, 2015; 81 FR 71638, Oct. 18, 2016] § 180.525 Resmethrin; tolerances for residues. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide resmethrin [5 (phenylmethyl)-3-furanyl] methyl 2,2-dimethyl-3-(2-methyl-1-propenyl) cyclopropanecarboxylate in or on food commodities at 3.0 ppm resulting from use of the insecticide in food handling and storage areas as a space concentration for spot/or crack and crevice treatment and shall be limited to a maximum of 3.00 percent of the active ingredient by weight, and as a space treatment shall be limited to a maximum of 0.5 �uid ounce of 3.0 percent active ingredient by weight per 1000 cubic feet of space provided that the food is removed or covered prior to such use. To assure safe use of the additive, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency, and shall be used in accordance with such label and labeling. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/73-FR-54963 https://www.federalregister.gov/citation/78-FR-70869 https://www.federalregister.gov/citation/80-FR-11588 https://www.federalregister.gov/citation/81-FR-71638 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 674/1218 [71 FR 74819, Dec. 13, 2006] § 180.526 Synthetic isoparaf�inic petroleum hydrocarbons; tolerances for residues. [40 FR 14161, Mar. 28, 1975, as amended at 50 FR 2959, Jan. 23, 1985, and amended at 53 FR 24668, 24669, June 29, 1988. Redesignated and amended at 63 FR 34319, June 24, 1998] § 180.527 Flufenacet, N-(4-�uorophenyl)-N-(1-methylethyl)-2-[[5 (tri�uoromethyl)-1, 3, 4-thiadiazol-2-yl] oxy]acetamide and its metabolites containing the 4-�uoro-N-methylethyl benzenamine tolerances for residues. Cattle, kidney 0.05 Corn, �eld, forage 0.4 Corn, �eld, grain 0.05 Corn, �eld, stover 0.4 Corn, sweet, forage 0.45 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 0.30 Goat, kidney 0.05 Hog, kidney 0.05 (a) General. Synthetic isopara�nic petroleum hydrocarbons complying with 21 CFR 172.882 (a) and (b) may be safely used as a component of insecticide formulations for use on animal feed in an amount no greater than reasonably required to accomplish its intended effect as an adjuvant in the insecticide formulation and shall not be intended to accomplish any effect in animal feed. It is used or intended for use as a component of insecticide formulations used in compliance with regulations issued in 40 CFR part 180 and in this part. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the herbicide �ufenacet, N-(4-�uorophenyl)-N-(1-methylethyl)-2-[[5-(tri�uoromethyl)-1, 3, 4-thiadiazol-2-yl] oxy]acetamide and its metabolites containing the 4-�uoro-N-methylethyl benzenamine moiety in or on the following commodities. Commodity Parts per million https://www.federalregister.gov/citation/71-FR-74819 https://www.federalregister.gov/citation/40-FR-14161 https://www.federalregister.gov/citation/50-FR-2959 https://www.federalregister.gov/citation/53-FR-24668 https://www.federalregister.gov/citation/53-FR-24669 https://www.federalregister.gov/citation/63-FR-34319 https://www.ecfr.gov/current/title-21/section-172.882#p-172.882(a) https://www.ecfr.gov/current/title-21/section-172.882#p-172.882(b) https://www.ecfr.gov/current/title-40/part-180 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 675/1218 Horse, kidney 0.05 Sheep, kidney 0.05 Soybean, seed 0.1 Wheat, bran 0.80 Wheat, forage 6.0 Wheat, grain 0.60 Wheat, hay 1.2 Wheat, straw 0.35 Grass, forage 7.0 Grass, hay 0.4 Alfalfa, forage 0.1 Alfalfa, hay 0.1 Alfalfa, seed 0.1 Clover, forage 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances are established for combined residues of �ufenacet, N-(4-�uorophenyl)-N-(1-methylethyl)-2-[[5-(tri�uoromethyl)-1, 3, 4-thiadiazol 2-yl] oxy]acetamide, and its metabolites containing the 4-�uoro-N-methylethyl benzenamine moiety, with regional registration. (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of the herbicide �ufenacet, N-(4-�uorophenyl)-N-(1-methylethyl)-2-[[5 (tri�uoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide and its metabolites containing the 4 �uoro-N-methylethyl benzenamine moiety in or on the following raw agricultural commodities when present therein as a result of application of �ufenacet to the growing crops in paragraph (a) of this section. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.527#p-180.527(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 676/1218 Clover, hay 0.1 Grain, cereal, group 15, except rice 0.1 Grain, cereal, forage, fodder, and straw, group 16, except rice 0.1 Grass, forage, fodder, and hay, group 17 0.1 [63 FR 26473, May 13, 1998, as amended at 63 FR 50791, Sept. 23, 1998; 64 FR 42846, Aug. 6, 1999; 65 FR 64366, Oct. 27, 2000; 68 FR 2247, Jan. 16, 2003; 68 FR 37759, June 25, 2003; 70 FR 37696, June 30, 2005; 71 FR 76200, Dec. 20, 2006; 72 FR 26310, May 9, 2007] § 180.532 Cyprodinil; tolerances for residues. Acerola 1.5 Almond 0.02 Almond, hulls 8.0 Apple, wet pomace 4.6 Artichoke, globe 4.0 Avocado 1.2 Bean, dry 0.6 Bean, succulent 0.6 Berry, low growing, subgroup 13-07G, except cranberry 5.0 Brassica, head and stem, subgroup 5A 1.0 Brassica, leafy greens, subgroup 5B 10.0 (a) General. (1) Tolerances are established for residues of the fungicide cyprodinil, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only cyprodinil 4-cyclopropyl-6-methyl-N-phenyl-2-pyrimidinamine. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/63-FR-26473 https://www.federalregister.gov/citation/63-FR-50791 https://www.federalregister.gov/citation/64-FR-42846 https://www.federalregister.gov/citation/65-FR-64366 https://www.federalregister.gov/citation/68-FR-2247 https://www.federalregister.gov/citation/68-FR-37759 https://www.federalregister.gov/citation/70-FR-37696 https://www.federalregister.gov/citation/71-FR-76200 https://www.federalregister.gov/citation/72-FR-26310 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 677/1218 Bushberry subgroup 13-07B 3.0 Caneberry subgroup 13-07A 10 Canistel 1.2 Canola, seed 0.03 Citrus, dried pulp 8.0 Citrus, oil 60 Dragon fruit 2.0 Feijoa 1.5 Fruit, pome, group 11-10 1.7 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13 07F 3.0 Fruit, stone, group 12-12 2.0 Grape, raisin 5.0 Guava 1.5 Herb subgroup 19A, dried, except parsley 15.0 Herb subgroup 19A, fresh, except parsley 3.0 Jaboticaba 1.5 Kiwifruit 1.8 Leaf petioles subgroup 4B 30 Leafy greens subgroup 4A 50 Lemon 0.60 Lime 0.60 Longan 2.0 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 678/1218 Lychee 2.0 Mango 1.2 Nut, tree, group 14-12; except almond and pistachio 0.04 Onion, bulb, subgroup 3-07A 0.6 Onion, green, subgroup 3-07B 4.0 Papaya 1.2 Parsley, dried leaves 170 Parsley, leaves 35 Passionfruit 1.5 Pistachio 0.10 Pomegranate 10 Potato, wet peel 0.03 Pulasan 2.0 Rambutan 2.0 Sapodilla 1.2 Sapote, black 1.2 Sapote, mamey 1.2 Spanish lime 2.0 Star apple 1.2 Starfruit 1.5 Turnip, greens 10.0 Vegetable, cucurbit, group 9 0.70 Vegetable, fruiting, group 8-10 1.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 679/1218 Vegetable, leaves of root and tuber, group 2 10 Vegetable, root, except sugarbeet, subgroup 1B 0.75 Vegetable, tuberous and corm, subgroup 1C 0.01 Watercress 20 Wax jambu 1.5 Import only. Cattle, meat byproducts 0.02 Goat, meat byproducts 0.02 Horse, meat byproducts 0.02 Sheep, meat byproducts 0.02 [63 FR 17706, Apr. 10, 1998] § 180.533 Esfenvalerate; tolerances for residues. 1 (2) Tolerances are established for residues of the fungicide cyprodinil, including its metabolites and degradates, in the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of cyprodinil 4-cyclopropyl-6-methyl-N-phenyl-2-pyrimidinamine and free and conjugated CGA-304075 4-(4-cyclopropyl-6-methyl-pyrimidin-2-ylamino)-phenol, calculated as the stoichiometric equivalent of cyprodinil. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.532, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/63-FR-17706 https://www.ecfr.gov/current/title-40/section-180.532 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 680/1218 Almond 0.2 Almond, hulls 5.0 Apple 1.0 Artichoke, globe 1.0 Bean, dry, seed 0.25 Bean, snap, succulent 1.0 Beet, sugar, roots 0.05 Beet, sugar, tops 5.0 Blueberry 1.0 Broccoli 1.0 Cabbage, except Chinese cabbage 3.0 Caneberry subgroup 13A 1.0 Cantaloupe 0.5 Carrot, roots 0.5 Cattle, fat 1.5 Cattle, meat 1.5 Cattle, meat byproducts 1.5 Cauli�ower 0.5 Collards 3.0 (a) General. (1) Tolerances are established for the combined residues of the insecticide esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-α-(1 methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3 phenoxyphenyl)methyl-(R)-4-chloro-α-(1-methylethyl)benzeneacetate and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-α-(1 methylethyl)benzeneacetate and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-α (1-methylethyl)benzeneacetate, in or on food commodities as follows: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 681/1218 Corn, �eld, forage 15.0 Corn, �eld, grain 0.02 Corn, �eld, stover 15.0 Corn, pop, grain 0.02 Corn, pop, stover 15.0 Corn, sweet, forage 15.0 Corn, sweet, kernel plus cob with husks removed 0.1 Corn, sweet, stover 15.0 Cotton, undelinted seed 0.2 Cucumber 0.5 Egg 0.03 Eggplant 0.5 Elderberry 1.0 Fruit, stone, group 12 3.0 Goat, fat 1.5 Goat, meat 1.5 Goat, meat byproducts 1.5 Gooseberry 1.0 Hazelnut 0.2 Hog, fat 1.5 Hog, meat 1.5 Hog, meat byproducts 1.5 Horse, fat 1.5 Horse, meat 1.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 682/1218 Horse, meat byproducts 1.5 Kiwifruit 0.5 Lentil, seed 0.25 Melon, honeydew 0.5 Milk 0.3 Milk, fat 7.0 Muskmelon 0.5 Mustard greens 5.0 Okra 0.5 Pea, dry, seed 0.25 Pea, succulent 0.5 Peanut 0.02 Pear 1.0 Pecan 0.2 Pepper 0.5 Potato 0.02 Poultry, fat 0.3 Poultry, liver 0.03 Poultry, meat 0.03 Poultry, meat byproducts, except liver 0.3 Pumpkin 0.5 Radish, roots 0.3 Radish, tops 3.0 Sheep, fat 1.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 683/1218 Sheep, meat 1.5 Sheep, meat byproducts 1.5 Sorghum, grain, forage 10.0 Sorghum, grain, grain 5.0 Sorghum, grain, stover 10.0 Soybean, hulls 0.5 Soybean, seed 0.05 Squash, summer 0.5 Squash, winter 0.5 Sugarcane, cane 1.0 Sun�ower, seed 0.5 Sweet potato, roots 0.05 Tomato 0.5 Turnip, greens 7.0 Turnip, roots 0.5 Walnut 0.2 Watermelon 0.5 (2) A tolerance of 0.05 ppm on raw agricultural food commodities (other than those food commodities already covered by a higher tolerance as a result of use on growing crops) is established for the combined residues of the insecticide esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-α-(1 methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3 phenoxyphenyl)methyl-(R)-4-chloro-α-(1-methylethyl)benzeneacetate and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-α-(1 methylethyl)benzeneacetate and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-α (1-methylethyl)benzeneacetate as a result of the use of esfenvalerate in food handling establishments. (b) Section 18 emergency exemptions. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 684/1218 Cabbage, chinese, bok choy 1.0 Kohlrabi 2.0 Lettuce, head 5.0 [63 FR 23401, Apr. 29, 1998, as amended at 63 FR 48615, Sept. 11, 1998; 74 FR 46699, Sept. 11, 2009] § 180.535 Fluroxypyr 1-methylheptyl ester; tolerances for residues. Barley, grain 0.5 Barley, hay 12.0 Barley, hay 20.0 Barley, straw 12.0 Cattle, fat 0.1 Cattle, kidney 1.5 Cattle, meat 0.1 Cattle, meat byproducts 0.1 (c) Tolerances with regional registrations. Tolerances with regional registration are established for the combined residues of the insecticide esfenvalerate, (S)-cyano(3 phenoxyphenyl)methyl-(S)-4-chloro-α-(1-methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-α-(1-methylethyl)benzeneacetate and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-α-(1 methylethyl)benzeneacetate and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-α-(1 methylethyl)benzeneacetate, in or on food commodities as follows: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for combined residues of �uroxypyr 1-methylheptyl ester [1-methylheptyl ((4-amino-3,5-dichloro-6-�uoro-2-pyridinyl)oxy)acetate] and its metabolite �uroxypyr [((4-amino-3,5-dichloro-6-�uoro-2-pyridinyl)oxy)acetic acid] in or on the following raw agricultural commodities. Compliance with the established tolerance levels is determined by measuring only the sum of �uroxypyr 1-methylheptyl ester [1 methylheptyl ((4-amino-3, 5-dichloro-6-�uoro-2-pyridinyl)oxy)acetate] and its metabolite �uroxypyr [((4-amino-3,5-dichloro-6-�uoro-2-pyridinyl)oxy)acetic acid] calculated as the stoichiometric equivalent of �uroxypyr. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/63-FR-23401 https://www.federalregister.gov/citation/63-FR-48615 https://www.federalregister.gov/citation/74-FR-46699 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 685/1218 Corn, �eld, forage 1.0 Corn, �eld, grain 0.02 Corn, �eld, stover 0.5 Corn, sweet, forage 1.0 Corn, sweet, kernel plus cob with husks removed 0.02 Corn, sweet, stover 2.0 Fruit, pome, group 11 0.02 Garlic, bulb 0.03 Goat, fat 0.1 Goat, kidney 1.5 Goat, meat 0.1 Goat, meat byproducts 0.1 Grain, aspirated fractions 0.6 Grass, forage 120 Grass, hay 160 Hog, fat 0.1 Hog, kidney 1.5 Hog, meat 0.1 Hog, meat byproducts 0.1 Horse, fat 0.1 Horse, kidney 1.5 Horse, meat 0.1 Horse, meat byproducts 0.1 Milk 0.3 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 686/1218 Millet, forage 12.0 Millet, grain 0.5 Millet, hay 20.0 Millet, proso, straw 12.0 Oat, forage 12.0 Oat, grain 0.5 Oat, hay 20.0 Oat, straw 12.0 Onion, bulb 0.03 Rice, bran 3.0 Rice, grain 1.5 Shallot, bulb 0.03 Sheep, fat 0.1 Sheep, kidney 1.5 Sheep, meat 0.1 Sheep, meat byproducts 0.1 Sorghum, grain, forage 2.0 Sorghum, grain, grain 0.02 Sorghum, grain, stover 4.0 Teff, forage 12 Teff, grain 0.50 Teff, hay 20 Teff, straw 12 Wheat, forage 12.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 687/1218 Wheat, grain 0.5 Wheat, hay 20.0 Wheat, straw 12.0 [63 FR 52169, Sept. 30, 1998, as amended at 64 FR 22799, Apr. 28, 1999; 66 FR 37598, July 19, 2001; 66 FR 47971, Sept. 17, 2001; 67 FR 46884, July 17, 2002; 67 FR 60146, Sept. 25, 2002; 68 FR 75438, Dec. 31, 2003; 69 FR 2074, Jan. 14, 2004; 70 FR 3649, Jan. 26, 2005; 70 FR 7047, Feb. 10, 2005; 71 FR 76204, Dec. 20, 2006; 72 FR 73635, Dec. 28, 2007; 78 FR 3333, Jan. 16, 2013; 83 FR 29706, June 26, 2018] § 180.537 Isoxa�utole; tolerances for residues. Corn, �eld, forage 0.04 Corn, �eld, grain 0.02 Corn, �eld, stover 0.02 Grain, aspirated fractions 0.30 Soybean, seed 0.05 [63 FR 50784, Sept. 23, 1998, as amended at 73 FR 75608, Dec. 12, 2008; 76 FR 76314, Dec. 7, 2011] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide, isoxa�utole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of isoxa�utole ((5-cyclopropyl-4-isoxazolyl) [2-(methylsulfonyl)-4-(tri�uoromethyl)phenyl] methanone) and its metabolite 1-(2-methylsulfonyl-4-tri�uoromethylphenyl)-2-cyano-3 cyclopropyl propan-1,3-dione (RPA 202248), calculated as the stoichiometric equivalent of isoxa�utole, in or on the commodity: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/63-FR-52169 https://www.federalregister.gov/citation/64-FR-22799 https://www.federalregister.gov/citation/66-FR-37598 https://www.federalregister.gov/citation/66-FR-47971 https://www.federalregister.gov/citation/67-FR-46884 https://www.federalregister.gov/citation/67-FR-60146 https://www.federalregister.gov/citation/68-FR-75438 https://www.federalregister.gov/citation/69-FR-2074 https://www.federalregister.gov/citation/70-FR-3649 https://www.federalregister.gov/citation/70-FR-7047 https://www.federalregister.gov/citation/71-FR-76204 https://www.federalregister.gov/citation/72-FR-73635 https://www.federalregister.gov/citation/78-FR-3333 https://www.federalregister.gov/citation/83-FR-29706 https://www.federalregister.gov/citation/63-FR-50784 https://www.federalregister.gov/citation/73-FR-75608 https://www.federalregister.gov/citation/76-FR-76314 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 688/1218 § 180.539 d-Limonene; tolerances for residues. [65 FR 33715, May 24, 2000, as amended at 70 FR 55268, Sept. 21, 2005] § 180.540 Fenitrothion; tolerances for residues. Wheat, gluten 3.0 There are no U.S. registrations on food commodities since 1987. [73 FR 54963, Sept. 24, 2008] § 180.543 Diclosulam; tolerances for residues. Peanut 0.020 Soybean, seed 0.020 (a) General. (1) The insecticide d-limonene may be safely used in insect-repellent tablecloths and in insect-repellent strips used in food- or feed-handling establishments. (2) To assure safe use of the insect repellent, its label and labeling shall conform to that registered by the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide fenitrothion, O,O dimethyl O-(4-nitro-m-tolyl) phosphorothioate, from the postharvest application of the insecticide to stored wheat in Australia, in or on the following food commodity: 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide diclosulam [N-(2,6 dichlorophenyl)-5-ethoxy-7-�uoro[1,2,4] triazolo[1,5-c]pyrimidine-2-sulfonamide] in or on the following raw agricultural commodities as follows: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-33715 https://www.federalregister.gov/citation/70-FR-55268 https://www.federalregister.gov/citation/73-FR-54963 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 689/1218 [65 FR 12134, Mar. 8, 2000] § 180.544 Methoxyfenozide; tolerances for residues. Acerola 0.4 Almond, hulls 25 Animal feed, nongrass, group 18, forage 50.0 Animal feed, nongrass, group 18, hay 150.0 Apple, wet pomace 7.0 Artichoke, globe 3.0 Atemoya 0.60 Avocado 0.6 Beet, sugar, roots 0.50 Berry, low growing, subgroup 13-07G, except cranberry 2.0 Biriba 0.60 Brassica, head and stem, subgroup 5A 7.0 Brassica, leafy greens, subgroup 5B 30 Bushberry subgroup 13-07B 3.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide methoxyfenozide, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only methoxyfenozide (3-methoxy-2 methylbenzoic acid 2-(3,5-dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide) in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/65-FR-12134 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 690/1218 Caneberry subgroup 13-07A 6.0 Canistel 0.6 Cattle, fat 0.50 Cattle, meat 0.02 Cherimoya 0.60 Chive, fresh leaves 30 Citrus, oil 100 Corn, �eld, forage 15 Corn, �eld, grain 0.05 Corn, �eld, re�ned oil 0.20 Corn, �eld, stover 125 Corn, pop, grain 0.05 Corn, pop, stover 125 Corn, sweet, forage 30 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 60 Cotton, gin byproducts 35 Cotton, undelinted seed 2.0 Cranberry 0.5 Custard apple 0.60 Date 8.0 Feijoa 0.4 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 691/1218 Fruit, citrus, group 10-10 3.0 Fruit, pome, group 11-10 2.0 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13 07F 1.0 Fruit, stone, group 12-12, except plum, prune, fresh 3.0 Goat, fat 0.50 Goat, meat 0.02 Grain, aspirated grain fractions 120 Grape, raisin 1.5 Grass, forage, fodder and hay, group 17, forage 18.0 Grass, forage, fodder and hay, group 17, hay 30.0 Guava 0.4 Herb subgroup 19A, except chive, fresh leaves 400 Hog, fat 0.1 Hog, meat 0.02 Horse, fat 0.50 Horse, meat 0.02 Ilama 0.60 Jaboticaba 0.4 Leaf petioles subgroup 4B 25 Leafy greens subgroup 4A 30 Longan 2.0 Lychee 2.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 692/1218 Mango 0.6 Milk 0.10 Nut, tree, group 14-12 0.10 Onion, green, subgroup 3-07B, except chive, fresh leaves 5.0 Papaya 0.6 Passionfruit 0.4 Pea and bean, dried shelled, except soybean, subgroup 6C, except pea, blackeyed, seed and pea, southern, seed 0.50 Pea and bean, succulent shelled, subgroup 6B 0.2 Pea, blackeyed, seed 4.0 Pea, southern, seed 4.0 Peanut 0.02 Peanut, hay 55.0 Peanut, oil 0.04 Peppermint, tops 7.0 Pineapple 0.70 Plum, prune, fresh 0.30 Pomegranate 0.6 Poultry, fat 0.02 Poultry, meat 0.02 Pulasan 2.0 Rambutan 2.0 Sapodilla 0.6 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 693/1218 Sapote, black 0.6 Sapote, mamey 0.6 Sheep, fat 0.50 Sheep, meat 0.02 Sorghum, grain, forage 15 Sorghum, grain, grain 6.0 Sorghum, grain, stover 20 Sorghum, sweet, forage 15 Sorghum, sweet, grain 6.0 Sorghum, sweet, stalk 15 Sorghum, sweet, stover 20 Soursop 0.60 Soybean, aspirated grain fractions 160 Soybean, forage 30 Soybean, hay 80 Soybean, hulls 2.0 Soybean, seed 1.0 Spanish lime 2.0 Spearmint, tops 7.0 Star apple 0.6 Starfruit 0.4 Sugar apple 0.60 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 694/1218 Tea, dried 20 Tea, instant 20 Turnip, greens 30 Vegetable, cucurbit, group 9 0.3 Vegetable, foliage of legume, except soybean, subgroup 7A 35 Vegetable, fruiting, group 8-10 2.0 Vegetable, leaves of root and tuber, group 2 30 Vegetable, legume, edible podded, subgroup 6A 1.5 Vegetable, root, except sugar beet, Subgroup 1B 0.90 Vegetable, tuberous and corm, except potato, subgroup 1D 0.02 Wax jambu 0.4 There are no U.S. registrations as of March 12, 2019 for use on tea. Cattle, liver 0.40 Cattle, meat byproducts, except liver 0.10 Egg 0.02 Goat, liver 0.40 Goat, meat byproducts, except liver 0.10 1 1 1 (2) Tolerances are established for residues of the insecticide methoxyfenozide, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the sum of methoxyfenozide [3-methoxy-2 methylbenzoic acid 2-(3,5-dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide] and its glucuronide metabolite (β-D-Glucopyranuronic acid, 3-[[2-(1,1-dimethylethyl)-2-(3,5 dimethylbenzoyl)-hydrazino]carbonyl]-2-methylphenyl-), calculated as the stoichiometric equivalent of methoxyfenozide. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 695/1218 Hog, liver 0.1 Hog, meat byproducts, except liver 0.02 Horse, liver 0.40 Horse, meat byproducts, except liver 0.10 Poultry, liver 0.10 Poultry, meat byproducts, except liver 0.02 Sheep, liver 0.40 Sheep, meat byproducts, except liver 0.10 Rice, bran 4.0 12/31/22 Rice, grain 0.50 12/31/22 (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of the insecticide methoxyfenozide, including its metabolites and degradates in or on the commodities listed in table 3 to this paragraph (b), resulting from use of the pesticide under a Section 18 emergency exemption granted by EPA. Compliance with the tolerance levels speci�ed in table 3 to this paragraph (b) is to be determined by measuring only methoxyfenozide (3-methoxy-2-methylbenzoic acid 2-(3,5-dimethylbenzoyl)-2-(1,1 dimethylethyl) hydrazide) in or on the commodity. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent tolerances. (1) Tolerances are established for the indirect or inadvertent residues of the insecticide methoxyfenozide, including its metabolites and degradates, in or on the raw agricultural commodities in the following table, when present therein as a result of the application of methoxyfenozide to growing crops as listed in paragraph (a) of this section. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only methoxyfenozide [3-methoxy-2-methylbenzoic acid 2-(3,5-dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide]. Commodity Parts per million Commodity Parts per million Expiration/ revocation date Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.544#p-180.544(b) https://www.ecfr.gov/current/title-40/section-180.544#p-180.544(b) https://www.ecfr.gov/current/title-40/section-180.544#p-180.544(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 696/1218 Onion, bulb, subgroup 3-07A 0.10 Potato 0.02 Animal feed, nongrass, group 18, straw 8.0 Grain, cereal, forage, fodder and straw group 16, except corn 6.0 Rapeseed subgroup 20A 1.0 Spice subgroup 19B 4.5 Sun�ower subgroup 20B 1.0 [67 FR 59203, Sept. 20, 2002] § 180.545 Prallethrin; tolerances for residues. (2) Tolerances are established for the indirect or inadvertent residues of the insecticide methoxyfenozide, including its metabolites and degradates, in or on the raw agricultural commodities in the following table, when present therein as a result of the application of methoxyfenozide to growing crops as listed in paragraph (a) of this section. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the sum of methoxyfenozide [3-methoxy-2 methylbenzoic acid, 2-(3,5-dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide] and the following metabolites (all calculated as the stoichiometric equivalent of methoxyfenozide): free phenol of methoxyfenozide [3,5-dimethylbenzoic acid N-tert butyl-N′-(3-hydroxy-2-methylbenzoyl) hydrazide], the glucose conjugate of the phenol [3,5-dimethyl benzoic acid N-tert-butyl-N′-[3 (β-D-glucopyranosyloxy)-2 methylbenzoyl]-hydrazide] and the malonylglycosyl conjugate of the phenol [3,5 dimethyl benzoic acid N-tert-butyl-N′-[3 (β-D-6-malonyl-glucopyranosyl-1-oxy)-2 methylbenzoyl]-hydrazide]. (a) General. Tolerances are established for residues of the insecticide prallethrin, including its metabolites and degradates, in or on all raw agricultural commodities and processed food from use of prallethrin in food handling establishments where food and food products are held, processed, prepared and/or served, or as a wide-area mosquito adulticide at 1.0 part Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.544, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/67-FR-59203 https://www.ecfr.gov/current/title-40/section-180.544#p-180.544(a) https://www.ecfr.gov/current/title-40/section-180.544 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 697/1218 [79 FR 64330, Oct. 29, 2014] § 180.546 Mefenoxam; tolerances for residues. Table 1 to Paragraph (a) Almond hulls 5 Artichoke, globe 0.05 Atemoya 0.20 Bean, snap, succulent 0.20 Bushberry subgroup 13-07B 2.0 Cacao, dried bean 0.20 Caneberry subgroup 13-07A 0.70 Canistel 0.40 Custard apple 0.20 Fruit, small, vine climbing, except grape, subgroup 13-07E 0.10 Herbs, dried 55 Herbs, fresh 8.0 Mango 0.40 Onion, bulb, subgroup 3-07A 3.0 per million (ppm). Compliance with the tolerance level speci�ed is to be determined by measuring only prallethrin, 2-methyl-4-oxo-3-(2-propyn-1-yl)-2-cyclopenten-1-yl-2,2 dimethyl-3-(2-methyl-1-propen-1-yl)cyclopropanecarboxylate. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of mefenoxam, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only metalaxyl (methyl N-(2,6-dimethylphenyl)-N-(methoxyacetyl)-DL-alaninate). Commodity Parts per million https://www.federalregister.gov/citation/79-FR-64330 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 698/1218 Onion, green, subgroup 3-07B 10 Papaya 0.40 Rapeseed subgroup 20A 0.05 Sapodilla 0.40 Sapote, black 0.40 Sapote, mamey 0.40 Spinach 10 Star apple 0.40 Starfruit 0.20 Sugar apple 0.20 Tree nut, crop group 14-12 0.3 Wasabi, stem 3.0 Wasabi, tops 6.0 [65 FR 57556, Sept. 25, 2000, as amended at 66 FR 48003, Sept. 17, 2001; 67 FR 35050, May 17, 2002; 76 FR 4548, Jan. 26, 2011; 81 FR 26727, May 4, 2016; 83 FR 65546, Dec. 21, 2018; 85 FR 72574, Nov. 13, 2020] § 180.547 Prohexadione calcium; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertant residues. [Reserved] (a) General. Tolerances are established for residues of the growth regulator, prohexadione calcium, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only prohexadione calcium (calcium 3-oxido-5-oxo-4-propionylcyclohex-3 enecarboxylate)” in or on the following commodities. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-57556 https://www.federalregister.gov/citation/66-FR-48003 https://www.federalregister.gov/citation/67-FR-35050 https://www.federalregister.gov/citation/76-FR-4548 https://www.federalregister.gov/citation/81-FR-26727 https://www.federalregister.gov/citation/83-FR-65546 https://www.federalregister.gov/citation/85-FR-72574 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 699/1218 Cattle, kidney 0.10 Cattle, meat byproducts, except kidney 0.05 Cherry, sweet 0.40 Fruit, pome, group 11 3.0 Goat, kidney 0.10 Goat, meat byproducts, except kidney 0.05 Grass, forage 0.10 Grass, hay 0.10 Grass, seed screenings 3.5 Grass, straw 1.2 Hog, kidney 0.10 Hog, meat byproducts, except kidney 0.05 Horse, kidney 0.10 Horse, meat byproducts, except kidney 0.05 Peanut 1.0 Peanut, hay 0.60 Sheep, kidney 0.10 Sheep, meat byproducts, except kidney 0.05 Strawberry 0.30 Watercress 4.0 Registration is limited to grass grown for seed. 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 700/1218 Table 2 to Paragraph (c) Alfalfa, forage 0.1 Alfalfa, hay 0.1 Corn, �eld, forage 0.1 Corn, �eld, grain 0.1 Corn, �eld, stover 0.1 [65 FR 25660, May 3, 2000, as amended at 66 FR 29712, June 1, 2001; 76 FR 71464, Nov. 18, 2011; 80 FR 38980, July 8, 2015; 85 FR 8461, Feb. 14, 2020] § 180.549 Di�ufenzopyr; tolerances for residues. Corn, �eld, forage 0.05 Corn, �eld, grain 0.05 Corn, �eld, stover 0.05 Corn, pop, grain 0.05 Corn, pop, stover 0.05 Corn, sweet, forage 0.05 (c) Tolerances with regional registrations. Tolerances with regional registration are established for residues of the plant growth regulator, prohexadione calcium, including its metabolites and degradates, in or on the commodities in table 2 in this paragraph (c). Compliance with the tolerance levels speci�ed in table 2 in this paragraph (c) is to be determined by measuring only prohexadione calcium (calcium 3-oxido-5-oxo-4 propionylcyclohex-3-enecarboxylate) in or on the following commodities. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for combined residues of di�ufenzopyr, 2-(1-[([3,5 di�uorophenylamino] carbonyl)hydrazono]ethyl)-3- pyridinecarboxylic acid, and its metabolites convertible to 8- methylpyrido[2,3-d]pyridazin-5(6H)-one, expressed as di�ufenzopyr, in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/65-FR-25660 https://www.federalregister.gov/citation/66-FR-29712 https://www.federalregister.gov/citation/76-FR-71464 https://www.federalregister.gov/citation/80-FR-38980 https://www.federalregister.gov/citation/85-FR-8461 https://www.ecfr.gov/current/title-40/section-180.547#p-180.547(c) https://www.ecfr.gov/current/title-40/section-180.547#p-180.547(c) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 701/1218 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 0.05 Grass, forage 22.0 Grass, hay 7.0 [64 FR 4308, Jan. 28, 1999, as amended at 67 FR 55338, Aug. 29, 2002; 76 FR 34886, June 15, 2011] § 180.551 Fluthiacet-methyl; tolerances for residues. Corn, �eld, forage 0.050 Corn, �eld, grain 0.010 Corn, �eld, stover 0.050 Corn, pop, grain 0.010 Corn, pop, stover 0.050 Corn, sweet, forage 0.050 Corn, sweet, kernel plus cob with husks removed 0.010 Corn, sweet, stover 0.050 Soybean, seed 0.01 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) A tolerance is established for residues of the herbicide, �uthiacet-methyl, acetic acid [[2-chloro-4-�uoro-5-[(tetrahydro-3-oxo-1H,3H-[1,3,4]thiadiazolo[3,4-α]pyridazin-1 ylidene)amino]phenyl]thio]-methyl ester, in or on the food commodity: (2) A tolerance is established for the combined residues of the herbicide �uthiacet methyland its acid metabolite: acetic acid, [[2-chloro-4-�uoro-5-[tetrahydro-3-oxo 1H,3H-[1,3,4]thiadiazolo[3,4-α]pyridazin-1-ylidene)amino]phenyl]thio]-methyl ester, Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/64-FR-4308 https://www.federalregister.gov/citation/67-FR-55338 https://www.federalregister.gov/citation/76-FR-34886 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 702/1218 Cotton, gin byproducts 0.20 Cotton, undelinted seed 0.020 [64 FR 18357, Apr. 14, 1999, as amended at 66 FR 65850, Dec. 21, 2001; 71 FR 77625, Dec. 27, 2006] § 180.552 Sulfosulfuron; tolerances for residues. Cattle, fat 0.02 Cattle, meat 0.01 Cattle, meat byproducts 0.3 Goat, fat 0.02 Goat, meat 0.01 Goat, meat byproducts 0.3 Grass, forage, fodder and hay, group 17, forage 14 Grass, forage, fodder and hay, group 17, hay 25 Hog, fat 0.005 Hog, meat 0.005 Hog, meat byproducts 0.05 and its acid metabolite, acetic acid, [[2-chloro-4-�uoro-5-[(tetrahydro-3-oxo-1H,3H [1,3,4]thiadiazolo[3,4-α]pyridazin-1-ylidene)amino]phenyl]thio]- , in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide sulfosulfuron, 1-(4,6 dimethoxypyrimidin-2-yl)-3-[(2-ethanesulfonyl-imidazo[1,2-a]pyridine-3-yl) sulfonyl]urea and its metabolites converted to 2-(ethylsulfonyl)-imidazo[1,2-a]pyridine and calculated as sulfosulfuron in or on the raw agricultural commodities. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/64-FR-18357 https://www.federalregister.gov/citation/66-FR-65850 https://www.federalregister.gov/citation/71-FR-77625 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 703/1218 Horse, fat 0.02 Horse, meat 0.01 Horse, meat byproducts 0.3 Milk 0.02 Sheep, fat 0.02 Sheep, meat 0.01 Sheep, meat byproducts 0.3 Wheat, forage 4.0 Wheat, grain 0.02 Wheat, hay 0.3 Wheat, straw 0.1 [64 FR 27192, May 19, 1999, as amended at 70 FR 69464, Nov. 16, 2005; 72 FR 54574, Sept. 26, 2007] § 180.553 Fenhexamid; tolerances for residues. Almond, hulls 2.0 Almond 0.02 Arugula 30 Asparagus 0.02 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of fenhexamid, including its metabolites and degradate, in or on the commodities in the table in this paragraph (a). Compliance with the tolerance levels speci�ed in this paragraph (a) is to be determined by measuring only fenhexamid (N-2,3-dichloro-4-hydroxyphenyl)-1-methylcyclohexanecarboxamide). Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/64-FR-27192 https://www.federalregister.gov/citation/70-FR-69464 https://www.federalregister.gov/citation/72-FR-54574 https://www.ecfr.gov/current/title-40/section-180.553#p-180.553(a) https://www.ecfr.gov/current/title-40/section-180.553#p-180.553(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 704/1218 Berry, low growing, subgroup 13-07G 3 Bushberry subgroup 13-07B 5 Caneberry subgroup 13-07A 20 Cress, garden 30 Cress, upland 30 Cucumber 2.0 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 4 Fruit, stone, group 12-12, except plum, prune 10 Ginseng 0.3 Grape, raisin 6.0 Kiwifruit, fuzzy 30 Leafy greens, subgroup 4-16A, except spinach 30 Onion, bulb, subgroup 3-07A 2 Onion, green, subgroup 3-07B 30 Pear 10 Pepper, nonbell 0.02 Pistachio 0.02 Plum, prune, dried 2.5 Plum, prune, fresh 1.5 Pomegranate 2.0 Vegetable, fruiting, group 8-10, except nonbell pepper 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 705/1218 [64 FR 28924, May 28, 1999, as amended at 65 FR 19849, Apr. 13, 2000; 65 FR 69883, Nov. 21, 2000; 67 FR 19120, Apr. 18, 2002; 68 FR 2247, Jan. 16, 2003; 68 FR 55519, Sept. 26, 2003; 71 FR 15617, Mar. 29, 2006; 71 FR 43664, Aug. 2, 2006; 73 FR 19154, Apr. 9, 2008; 85 FR 2659, Jan. 16, 2020] ยง 180.554 Kresoxim-methyl; tolerances for residues. Apple, dry pomace 1.0 Apple, wet pomace 1.0 Fruit, pome 0.5 Grape 1.0 Grape, raisin 1.5 Pecan 0.15 Vegetable, cucurbit, group 9 0.40 Cattle, meat byproducts 0.01 Goat, meat byproducts 0.01 Sheep, meat byproducts 0.01 (a) General. (1) Tolerances are established for the combined residues of the fungicide kresoxim methyl (methyl (E)-2-[2-(2-methylphenoxy)-methyl]phenyl-2-(methoxyimido)acetate) and its metabolites as follows: (E)-2-[2-(2-methylphenoxy)methyl]-phenyl-2 (methoxyimido)acetic acid; (E)-2-[2-(2-hydroxymethylphenoxy)methyl]-phenyl-2 (methoxyimido)acetic acid (free and glucose conjugated); and (E)-2-[2-(4-hydroxy-2 methylphenoxy)-methyl]phenyl-2-(methoxyimido)acetic acid (free and glucose conjugated) in or on the following commodities: (2) Tolerances are established in or on the following commodities for the residues of the metabolite (E)-2-[2-(2-methylphenoxy)methyl]-phenyl-2-(methoxyimido)acetic acid resulting from the use of the fungicide kresoxim-methyl: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/64-FR-28924 https://www.federalregister.gov/citation/65-FR-19849 https://www.federalregister.gov/citation/65-FR-69883 https://www.federalregister.gov/citation/67-FR-19120 https://www.federalregister.gov/citation/68-FR-2247 https://www.federalregister.gov/citation/68-FR-55519 https://www.federalregister.gov/citation/71-FR-15617 https://www.federalregister.gov/citation/71-FR-43664 https://www.federalregister.gov/citation/73-FR-19154 https://www.federalregister.gov/citation/85-FR-2659 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 706/1218 [64 FR 31136, June 10, 1999, as amended at 71 FR 50359, Aug. 25, 2006; 74 FR 46377, Sept. 9, 2009] § 180.555 Tri�oxystrobin; tolerances for residues. Alfalfa, forage 0.01 Alfalfa, hay 0.01 Almond, hulls 9.0 Apple, wet pomace 5.0 Artichoke, globe 1.0 Asparagus 0.07 Banana 0.10 Barley, grain 0.05 Barley, hay 0.3 Barley, straw 5.0 Beet, sugar, dried pulp 0.4 Beet, sugar, molasses 0.2 Beet, sugar, roots 0.1 Beet, sugar, tops 4.0 Berry, low growing subgroup 13-07G 1.5 Brassica, head and stem, subgroup 5A 2.0 Brassica, leafy greens, subgroup 5B 30 (a) General. Tolerances are established for residues of tri�oxystrobin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of tri�oxystrobin, benzeneacetic acid, (E,E)-α-(methoxyimino)-2-[[[[1-[3-(tri�uoromethyl) phenyl]ethylidene] amino]oxy]methyl]-, methyl ester, and the free form of its acid metabolite CGA-321113, (E,E)-methoxyimino-[2-[1-(3-tri�uoromethyl-phenyl) ethylideneaminooxymethyl]-phenyl]acetic acid, calculated as the stoichiometric equivalent of tri�oxystrobin, in or on the commodity. 1 Commodity Parts per million https://www.federalregister.gov/citation/64-FR-31136 https://www.federalregister.gov/citation/71-FR-50359 https://www.federalregister.gov/citation/74-FR-46377 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 707/1218 Canistel 0.7 Cattle, fat 0.1 Cattle, meat 0.1 Cattle, meat byproducts 0.1 Citrus, dried pulp 1.0 Citrus, oil 38 Coffee, green bean 0.02 Corn, �eld, forage 8.0 Corn, �eld, grain 0.05 Corn, �eld, stover 7 Corn, �eld, re�ned oil 0.1 Corn, pop, grain 0.05 Corn, pop, stover 7 Corn, sweet, cannery waste 0.6 Corn, sweet, forage 7.0 Corn, sweet, kernel plus cob with husks removed 0.04 Corn, sweet, stover 4.0 Cotton, gin byproducts 3.0 Cottonseed subgroup 20C 0.50 Dill, seed 30 Egg 0.04 Flax, seed 0.40 Fruit, citrus, group 10 0.6 Fruit, pome 0.5 2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 708/1218 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.0 Fruit, stone, group 12 2 Goat, fat 0.1 Goat, meat 0.1 Goat, meat byproducts 0.1 Grain, aspirated fractions 10 Grape, raisin 5.0 Grass, forage 12 Grass, hay 17 Herbs, subgroup 19A 200 Hog, fat 0.05 Hog, meat 0.05 Hog, meat byproducts 0.05 Hop, dried cones 11.0 Horse, fat 0.1 Horse, meat 0.1 Horse, meat byproducts 0.1 Leaf petioles subgroup 4B 9.0 Leafy greens, subgroup 4A 30 Mango 0.7 Milk 0.02 Nut, tree, group 14 0.04 Oat, forage 0.3 Oat, grain 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 709/1218 Oat, hay 0.3 Oat, straw 5.0 Papaya 0.7 Pea, �eld, hay 15 Pea, �eld, vines 4 Pea and bean, dried shelled, except soybean, subgroup 6C 0.06 Peanut, hay 4.0 Peanut 0.05 Pistachio 0.04 Poultry, fat 0.04 Poultry, meat 0.04 Poultry, meat byproducts 0.04 Radish, tops 10 Rice, grain 3.5 Rice, hulls 8 Sapodilla 0.7 Sapote, black 0.7 Sapote, mamey 0.7 Sheep, fat 0.1 Sheep, meat 0.1 Sheep, meat byproducts 0.1 Soybean, forage 10.0 Soybean, hay 25.0 Soybean, seed 0.08 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 710/1218 Star apple 0.7 Tea, dried 5 Tea, instant 5 Vegetable, cucurbit, group 9 0.50 Vegetable, fruiting 0.5 Vegetable, root, except sugar beet, subgroup 1B 0.1 Vegetable, tuberous and corm, subgroup 1C 0.04 Wheat, bran 0.15 Wheat, forage 0.3 Wheat, grain 0.05 Wheat, hay 0.2 Wheat, straw 5.0 There are no U.S. registrations as of September 27, 1999 for use on banana. There are no U.S. registrations as of January 18, 2012 for use on coffee, green bean. There are no U.S. registrations as of June 24, 2019, for use on tea. [64 FR 51907, Sept. 27, 1999] ยง 180.556 Pymetrozine; tolerances for residues. 3 3 1 2 3 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million For FEDERAL REGISTER citations affecting ยง 180.555, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/64-FR-51907 https://www.ecfr.gov/current/title-40/section-180.555 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 711/1218 Asparagus 0.04 Brassica, head and stem, subgroup 5A 0.5 Brassica, leafy greens, subgroup 5B 0.25 Cotton, gin byproducts 2.0 Cotton, undelinted seed 0.3 Hop, dried cones 6.0 Pecan 0.02 Turnip, greens 0.25 Vegetable, fruiting, group 8 0.2 Vegetable, cucurbit, group 9 0.1 Vegetable, leafy, execpt brassica, group 4 0.6 Vegetable, tuberous and corm, subgroup 1C 0.02 [65 FR 48634, Aug. 9, 2000, as amended at 66 FR 14846, Mar. 14, 2001; 66 FR 66794, Dec. 27, 2001; 70 FR 7047, Feb. 10, 2005; 70 FR 43298, July 27, 2005] § 180.557 Tetraconazole; tolerances for residues. (a) General. Tolerances are established for residues of the insecticide pymetrozine 1,2,4 triazin-3(2H)-one,4,5-dihydro-6-methyl-4-[(3-pyridinylmethylene) amino] in or on the following raw agricultural commodities. The tolerance level for each commodity is expressed in terms of the parent insecticide only, which serves as an indicator of the use of pymetrozine on these raw agricultural commodities. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of tetraconazole, including its metabolites and degradates, in or on the commodities listed below. Compliance with the following tolerance levels is to be determined by measuring only tetraconazole (1-[2-(2,4 dichlorophenyl)-3-(1,1,2,2-tetra�uoroethoxy)propyl]-1H-1,2,4-triazole), in or on the following commodities. Commodity Parts per million https://www.federalregister.gov/citation/65-FR-48634 https://www.federalregister.gov/citation/66-FR-14846 https://www.federalregister.gov/citation/66-FR-66794 https://www.federalregister.gov/citation/70-FR-7047 https://www.federalregister.gov/citation/70-FR-43298 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 712/1218 Barley, bran 1.0 Barley, �our 0.50 Barley, grain 0.30 Beet sugar, dried pulp 0.20 Beet sugar, molasses 0.25 Beet sugar, root 0.15 Cattle, fat 0.15 Cattle, liver 1.50 Cattle, meat 0.02 Cattle, meat byproducts (except liver) 0.15 Corn, �eld, grain 0.01 Corn, pop, grain 0.01 Eggs 0.02 Goat, fat 0.15 Goat, liver 1.50 Goat, meat 0.02 Goat, meat byproducts (except liver) 0.15 Grain, aspirated fractions 4.0 Grain, cereal, forage, fodder, and straw, group 16 7.0 Hog, fat 0.01 Hog, liver 0.05 Hog, meat 0.01 Hog, meat byproducts (except liver) 0.01 Horse, fat 0.15 CommodityCommodity Parts per millionParts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 713/1218 Horse, liver 1.50 Horse, meat 0.02 Horse, meat byproducts (except liver) 0.15 Low growing berry subgroup 13-07G, except cranberry 0.25 Milk 0.06 Milk, fat 0.75 Pea and bean, dried shelled (except soybean) subgroup 6C 0.09 Peanut 0.03 Peanut, oil 0.10 Pecan 0.04 Poultry, fat 0.05 Poultry, meat 0.01 Poultry meat byproducts 0.05 Rapeseed subgroup 20A 0.90 Sheep, fat 0.15 Sheep, liver 1.50 Sheep, meat 0.02 Sheep, meat byproducts (except liver) 0.15 Small fruit vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.20 Soybean, re�ned oil 0.80 Soybean, seed 0.15 Vegetable, cucurbit, group 9 0.15 Vegetable, foliage of legume (except soybeans) subgroup 7A 8.0 Vegetable, fruiting, group 8-10 0.30 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 714/1218 Wheat, bran 0.15 Wheat, �our 0.08 Wheat, germ 0.50 Wheat, grain 0.05 [70 FR 20830, Apr. 22, 2005, as amended at 70 FR 31359, June 1, 2005; 72 FR 18134, Apr. 11, 2007; 73 FR 67406, Nov. 14, 2008; 76 FR 53648, Aug. 29, 2011; 82 FR 2905, Jan. 10, 2017; 83 FR 16206, Apr. 16, 2018] § 180.559 Clodinafop-propargyl; tolerances for residues. Wheat, forage 0.1 Wheat, grain 0.02 Wheat, hay 0.1 Wheat, straw 0.5 [65 FR 38774, June 22, 2000, as amended at 77 FR 72226, Dec. 5, 2012] § 180.560 Cloquintocet-mexyl; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for clodinafop-propargyl, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only clodinafop-propargyl [(2R)-2-[4-[(5-chloro-3-�uoro-2-pyridinyl)oxy]phenoxy]propanoic acid, 2-propynyl ester] and its metabolite clodinafop [(2R)-2-[4-[(5-chloro-3-�uoro-2 pyridinyl)oxy]phenoxy]propanoic acid]. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/70-FR-20830 https://www.federalregister.gov/citation/70-FR-31359 https://www.federalregister.gov/citation/72-FR-18134 https://www.federalregister.gov/citation/73-FR-67406 https://www.federalregister.gov/citation/76-FR-53648 https://www.federalregister.gov/citation/82-FR-2905 https://www.federalregister.gov/citation/83-FR-16206 https://www.federalregister.gov/citation/65-FR-38774 https://www.federalregister.gov/citation/77-FR-72226 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 715/1218 Barley, grain 0.1 Barley, hay 0.1 Barley, straw 0.1 Teff, forage 0.2 Teff, grain 0.1 Teff, hay 0.5 Teff, straw 0.1 Wheat, forage 0.2 Wheat, grain 0.1 Wheat, hay 0.5 Wheat, straw 0.1 There are no U.S. registrations for use on this commodity as of March 22, 2017. [65 FR 38764, June 22, 2000, as amended at 70 FR 74688, Dec. 16, 2005; 73 FR 11820, Mar. 5, 2008; 75 FR 16020, Mar. 31, 2010; 76 FR 38035, June 29, 2011; 81 FR 50634, Aug. 2, 2016; 82 FR 14623, Mar. 22, 2017; 83 FR 45843, Sept. 11, 2018] § 180.561 Acibenzolar-S-methyl; tolerances for residues. (a) General. Tolerances are established for residues of the inert ingredient cloquintocet mexyl, including its metabolites and degradates, in or on the commodities in the following table when used as a safener in pesticide formulations containing the active ingredients clodinafop-propargyl (wheat only), dicamba (wheat only), �ucarbazone-sodium (wheat only), halauxifen-methyl (wheat or barley), pinoxaden (wheat or barley), pyroxsulam (wheat or teff), �orasulam (teff), or �uroxypyr 1-methylheptyl ester (teff). Compliance with the tolerance levels speci�ed is to be determined by measuring the combined residues of cloquintocet-mexyl, (acetic acid [(5-chloro-8-quinolinyl)oxy]-, 1-methylhexyl ester; CAS Reg. No. 99607-70-2) and its acid metabolite (5-chloro-8-quinolinoxyacetic acid), expressed as cloquintocet-mexyl, in or on the following commodities: 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million https://www.federalregister.gov/citation/65-FR-38764 https://www.federalregister.gov/citation/70-FR-74688 https://www.federalregister.gov/citation/73-FR-11820 https://www.federalregister.gov/citation/75-FR-16020 https://www.federalregister.gov/citation/76-FR-38035 https://www.federalregister.gov/citation/81-FR-50634 https://www.federalregister.gov/citation/82-FR-14623 https://www.federalregister.gov/citation/83-FR-45843 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 716/1218 Banana 0.1 Berry, low growing, subgroup 13-07G 0.15 Fruit, citrus, group 10-10 0.02 Fruit, pome, group 11-10 0.03 Onion, bulb, subgroup 3-07A 0.1 Spinach 1.0 Tomato, paste 3.0 Vegetable, brassica, leafy, group 5 1.0 Vegetable, cucurbit, group 9 2.0 Vegetable, fruiting, group 8 1.0 Vegetable, leafy, group 4 0.25 There are no United States registrations for banana. Apple 0.05 12/31/15 Grapefruit 0.05 12/31/15 Pear 0.05 12/31/15 (1) Tolerances are established for residues of acibenzolar-S-methyl, benzo(1,2,3)thiadiazole-7-carbothioic acid-S-methyl ester, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only those acibenzolar-S-methyl residues convertible to benzo(1,2,3)thiadiazole-7-carboxylic acid (CGA-210007), expressed as the stoichiometric equivalent of acibenzolar-S methyl, in or on the following raw agricultural commodities. 1 1 (2) Tolerances are established for residues of acibenzolar- S -methyl, benzo(1,2,3)thiadiazole-7-carbothioic acid- S -methyl ester, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only those acibenzolar- S -methyl residues convertible to benzo(1,2,3)thiadiazole-7-carboxylic acid (CGA-210007), expressed as the Stoichiometric equivalent of acibenzolar- S methyl, in or on the following raw agricultural commodities. Commodity Parts per million Commodity Parts per million Expiration/revocation date 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 717/1218 [65 FR 50446, Aug. 18, 2000, as amended at 70 FR 7861, Feb. 16, 2005; 71 FR 76200, Dec. 20, 2006; 74 FR 24710, May 26, 2009; 76 FR 34886, June 15, 2011; 77 FR 21676, Apr. 11, 2012; 77 FR 30406, May 23, 2012; 80 FR 58620, Sept. 30, 2015] § 180.562 Flucarbazone-sodium; tolerances for residues. Cattle, liver 1.50 Cattle, meat 0.01 Cattle, meat byproducts, except liver 0.01 Goat, liver 1.50 Goat, meat 0.01 Goat, meat byproducts, except liver 0.01 Hog, liver 1.50 Hog, meat 0.01 Hog, meat byproducts, except liver 0.01 Horse, liver 1.50 Horse, meat 0.01 Horse, meat byproducts, except liver 0.01 Milk 0.005 Sheep, liver 1.50 Sheep, meat 0.01 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for combined residues of the herbicide �ucarbazone sodium, 4,5-dihydro-3-methoxy-4-methyl-5-oxo-N-[[2(tri�uoromethoxy)phenyl] sulfonyl]-1H-1,2,4-triazole 1-carboxamide, sodium salt) and its N-desmethyl metabolite; and its metabolites converted to 2-(tri�uoromethoxy)benzene sulfonamide and calculated as �ucarbazone-sodium in or on the following food commodities: Commodity Parts per million https://www.federalregister.gov/citation/65-FR-50446 https://www.federalregister.gov/citation/70-FR-7861 https://www.federalregister.gov/citation/71-FR-76200 https://www.federalregister.gov/citation/74-FR-24710 https://www.federalregister.gov/citation/76-FR-34886 https://www.federalregister.gov/citation/77-FR-21676 https://www.federalregister.gov/citation/77-FR-30406 https://www.federalregister.gov/citation/80-FR-58620 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 718/1218 Sheep, meat byproducts, except liver 0.01 Wheat, forage 0.30 Wheat, grain 0.01 Wheat, hay 0.10 Wheat, straw 0.05 [70 FR 67915, Nov. 9, 2005, as amended at 71 FR 76931, Dec. 22, 2006] § 180.563 Ethametsulfuron-methyl; tolerances for residues. Canola, seed 0.02 Crambe, seed 0.02 Rapeseed, seed 0.02 [65 FR 57972, Sept. 27, 2000, as amended at 66 FR 18207, Apr. 6, 2001; 67 FR 35050, May 17, 2002] § 180.564 Indoxacarb; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertant residues. [Reserved] (a) General. A tolerance is established for residues of ethametsulfuron methyl (methyl 2 ((((4-ethoxy-6- (methylamino)-1,3,5- triazin-2-yl) amino) carbonyl) amino) sulfonyl) benzoate) in or on the following raw agricultural commodities. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect of inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of indoxacarb, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only indoxacarb, (S)-methyl 7-chloro-2,5-dihydro-2-[[(methoxycarbonyl)[4 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/70-FR-67915 https://www.federalregister.gov/citation/71-FR-76931 https://www.federalregister.gov/citation/65-FR-57972 https://www.federalregister.gov/citation/66-FR-18207 https://www.federalregister.gov/citation/67-FR-35050 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 719/1218 Table 1 to Paragraph (a)(1) Almond, hulls 8 Apple, wet pomace 3.0 Alfalfa, forage 10 Alfalfa, hay 50 Bean, dry, seed 0.2 Bean, succulent 0.9 Beet, garden, roots 0.30 Beet, garden, tops 6.0 Berry, low growing, except strawberry, subgroup 13-07H 1 Bushberry subgroup 13-07B 1.5 Cattle, fat 1.5 Cattle, meat 0.05 Cattle, meat byproducts 0.03 Corn, �eld, forage 6.0 Corn, �eld, grain 0.02 Corn, �eld, stover 15 Corn, pop, grain 0.02 Corn, pop, stover 15 Corn, sweet, forage 10 Corn, sweet, kernel plus cob with husk removed 0.02 (tri�uoromethoxy)phenyl]amino]carbonyl]indeno[1,2-e][1,3,4][oxadiazine-4a(3H) carboxylate, and its R-enantiomer, (R)-methyl 7-chloro-2,5-dihydro-2 [[(methoxycarbonyl)[4-(tri�uoromethoxy)phenyl]amino]carbonyl]indeno[1,2-e][1,3,4] [oxadiazine-4a(3H)-carboxylate. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 720/1218 Corn, sweet, stover 15 Cotton, gin byproducts 15 Cotton, undelinted seed 2.0 Cowpea, forage 50 Cowpea, hay 100 Fruit, pome, except pear, group 11 1.0 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2 Fruit, stone, group 12 0.90 Goat, fat 1.5 Goat, meat 0.05 Goat, meat byproducts 0.03 Grain, aspirated fractions 45 Grape, raisin 5.0 Hog, fat 1.5 Hog, meat 0.05 Hog, meat byproducts 0.03 Horse, fat 1.5 Horse, meat 0.05 Horse, meat byproducts 0.03 Milk 0.15 Milk, fat 4.0 Nut, tree, group 14-12 0.08 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 721/1218 Okra 0.50 Pea, southern, seed 0.10 Peanut 0.01 Peanut, hay 40 Pear 0.20 Pear, oriental 0.20 Peppermint, tops 11 Sheep, fat 1.5 Sheep, meat 0.05 Sheep, meat byproducts 0.03 Soybean, hulls 4.0 Soybean, seed 0.80 Spearmint, tops 11 Turnip, greens 12 Vegetable, Brassica, leafy, group 5 12 Vegetable, cucurbit, group 9 0.60 Vegetable, fruiting, group 8 0.50 Vegetable, leafy, except Brassica, group 4 14 Vegetable, tuberous and corm, subgroup 1-C 0.01 (2) Tolerances are established for residues of indoxacarb, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of indoxacarb, (S)-methyl-7-chloro-2,5-dihydro-2-[[(methoxycarbonyl)[4 (tri�uoromethoxy)-phenyl]amino]carbonyl]indeno[1,2e] [1,3,4]oxadiazine-4a(3H) carboxylate, its R-enantiomer, (R)-methyl 7-chloro-2,5-dihydro-2-[[(methoxycarbonyl) [4-(tri�uoromethoxy) phenyl]amino]carbonyl]indeno [1,2-e] [1,3,4] oxadiazine-4a(3H) carboxylate, and the metabolites: IN-JT333, methyl 7-chloro-2,5-dihydro-2-[[[4 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 722/1218 Egg 0.20 Poultry, fat 0.20 Poultry, meat 0.06 Poultry, meat byproducts 0.06 Grass, forage 10 12/31/2022 Grass, hay 50 12/31/2022 [65 FR 58424, Sept. 29, 2000, as amended at 67 FR 41807, June 19, 2002; 67 FR 47309, July 18, 2002; 67 FR 58730, Sept. 18, 2002; 68 FR 25830, May 14, 2003; 68 FR 27746, May 21, 2003; 69 FR 28842, May 19, 2004; 69 FR 29459, May 24, 2004; 69 FR 32282, June 9, 2004; 72 FR 37641, July 11, 2007; 74 FR 33165, July 10, 2009; 77 FR 8749, Feb. 15, 2012; 78 FR 78738, Dec. 27, 2013; 82 FR 57866, Dec. 8, 2017; 84 FR 32094, July 5, 2019; 85 FR 31389, May 26, 2020; 85 FR 72971, Nov. 16, 2020] (tri�uoromethoxy)phenyl]-amino]carbonyl]indeno[1,2-e][1,3,4]oxadiazine-4a(3H) carboxylate; IN-KT319, (E)-methyl 5-chloro-2,3,-dihydro-2-hydroxy-1 [[[(methoxycarbonyl)[4-(tri�uoromethoxy)phenyl]amino]-carbonyl]hydrazono]-1H indene-2-carboxylate; IN-JU873, methyl 5-chloro-2,3-dihydro-2-hydroxy-1-[[[[4 (tri�urormethoxy)-phenyl]amino]carbonyl]hydrazono]-1H-indene-2-carboxylate; IN KG433, methyl 5-chloro-2,3,-dihydro-2-hydroxy-1-[[[(methoxycarbonyl)[4 (tri�uoromethoxy)phenyl]amino]carbonyl]-hydrazono]-1H-indene-2-carboxylate; and IN-KB687, methyl [4-(tri�uoromethoxy)phenyl]carbamate, calculated as the stoichiometric equivalent of indoxacarb in the commodity. (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the following table are established for residues of the indoxacarb, including its metabolites and degradates, in or on the speci�ed agricultural commodities in the table below, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance levels speci�ed in the table below is to be determined by measuring only indoxacarb, (S)-methyl 7-chloro-2,5-dihydro-2-[[(methoxycarbonyl)[4 (tri�uoromethoxy)phenyl]amino]carbonyl]indeno[1,2-e][1,3,4][oxadiazine-4a(3H) carboxylate, and its R-enantiomer, (R)-methyl 7-chloro-2,5-dihydro-2-[[(methoxycarbonyl) [4-(tri�uoromethoxy)phenyl]amino]carbonyl]indeno[1,2-e][1,3,4][oxadiazine-4a(3H) carboxylate. The tolerances expire on the dates speci�ed in the table. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million Expiration date https://www.federalregister.gov/citation/65-FR-58424 https://www.federalregister.gov/citation/67-FR-41807 https://www.federalregister.gov/citation/67-FR-47309 https://www.federalregister.gov/citation/67-FR-58730 https://www.federalregister.gov/citation/68-FR-25830 https://www.federalregister.gov/citation/68-FR-27746 https://www.federalregister.gov/citation/69-FR-28842 https://www.federalregister.gov/citation/69-FR-29459 https://www.federalregister.gov/citation/69-FR-32282 https://www.federalregister.gov/citation/72-FR-37641 https://www.federalregister.gov/citation/74-FR-33165 https://www.federalregister.gov/citation/77-FR-8749 https://www.federalregister.gov/citation/78-FR-78738 https://www.federalregister.gov/citation/82-FR-57866 https://www.federalregister.gov/citation/84-FR-32094 https://www.federalregister.gov/citation/85-FR-31389 https://www.federalregister.gov/citation/85-FR-72971 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 723/1218 § 180.565 Thiamethoxam; tolerances for residues. Alfalfa, forage 0.05 Alfalfa, hay 0.12 Almond, hulls 1.2 Artichoke, globe 0.45 Avocado 0.40 Banana 0.03 Barley, grain 0.4 Barley, hay 0.40 Barley, straw 0.40 Bean, succulent 0.02 Berry, low growing, subgroup 13-07G, except cranberry 0.30 Borage, seed 0.02 Brassica, head and stem, subgroup 5-A 4.5 Brassica, leafy greens, subgroup 5-B 3.0 Buckwheat, forage 0.50 Buckwheat, hay 0.02 Buckwheat, straw 0.02 Bushberry subgroup 13-07B, except lingonberry and blueberry, lowbush 0.20 (a) General. Tolerances are established for residues of the insecticide thiamethoxam, including its metabolites and degradates, in or on the following commodities. Compliance with the tolerance levels speci�ed below is to be determined by measuring only thiamethoxam 3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-nitro-4H-1,3,5 oxadiazin-4-imine and its metabolite CGA-322704 N-[(2-chloro-thiazol-5-yl)methyl]-N′ methyl-N″-nitro-guanidine, calculated as the stoichiometric equivalent of thiamethoxam, in or on the following commodities: 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 724/1218 Caneberry subgroup 13-07A 0.35 Canistel 0.40 Canola, seed 0.02 Cattle, meat 0.02 Cattle, meat byproducts 0.04 Citrus, dried pulp 0.60 Coffee, green, bean 0.20 Corn, �eld, forage 0.10 Corn, �eld, stover 0.05 Corn, pop, forage 0.10 Corn, pop, stover 0.05 Corn, sweet, forage 0.10 Corn, sweet, kernel plus cob with husks removed 0.02 Corn, sweet, stover 0.05 Cotton, gin byproducts 1.5 Cotton, undelinted seed 0.10 Crambe, seed 0.02 Cranberry 0.02 Flax, seed 0.02 Food commodities and feed commodities (other than those covered by a higher tolerance as a result of use on growing crops) in food/feed handling establishments 0.02 Fruit, citrus, group 10 0.40 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 725/1218 Fruit, pome, group 11 0.2 Fruit, small, vine climbing, subgroup 13-07F, except fuzzy kiwifruit 0.20 Fruit, stone, group 12 0.5 Goat, meat 0.02 Goat, meat byproducts 0.04 Grain, aspirated fractions 2.0 Grain, cereal, group 15, except barley 0.02 Grape, raisin 0.30 Hog, meat 0.02 Hog, meat byproducts 0.02 Hop, dried cones 0.10 Horse, meat 0.02 Horse, meat byproducts 0.04 Mango 0.40 Milk 0.02 Millet, pearl, forage 0.02 Millet, pearl, stover 0.02 Millet, proso, forage 0.02 Millet, proso, stover 0.02 Millet, proso, straw 0.02 Mustard, seed 0.02 Nut, tree, group 14 0.02 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 726/1218 Oat, forage 0.50 Oat, hay 0.02 Oat, straw 0.02 Onion, dry bulb 0.03 Papaya 0.40 Peanut 0.05 Peanut, hay 0.25 Peanut, meal 0.15 Peppermint, tops 1.5 Pistachio 0.02 Potato 0.25 Radish, tops 0.80 Rapeseed, seed 0.02 Rye, forage 0.50 Rye, straw 0.02 Sa�ower, seed 0.02 Sapodilla 0.40 Sapote, black 0.40 Sapote, mamey 0.40 Sheep, meat 0.02 Sheep, meat byproducts 0.04 Sorghum, forage 0.02 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 727/1218 Sorghum, grain, stover 0.02 Soybean, hulls 0.08 Spearmint, tops 1.5 Star apple 0.40 Sun�ower 0.02 Tea, dried 20 Tomato, paste 0.80 Vegetable, cucurbit, group 9 0.2 Vegetable, fruiting, group 8 0.25 Vegetable, leafy, except brassica, group 4 4.0 Vegetable, legume, group 6 0.02 Vegetable, root, subgroup 1A 0.05 Vegetable, tuberous and corm, except potato, subgroup 1D 0.02 Wheat, forage 0.50 Wheat, hay 0.02 Wheat, straw 0.02 There are no U.S. registrations for these commodities as of February 15, 2017. 1 1 (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the table are established for residues of the insecticide thiamethoxam, including its metabolites and degradates. Compliance with the tolerance levels speci�ed below is to be determined by measuring only thiamethoxam 3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-nitro 4H-1,3,5-oxadiazin-4-imine and its metabolite CGA-322704 N-[(2-chloro-thiazol-5 yl)methyl]-N′-methyl-N″-nitro-guanidine, calculated as the stoichiometric equivalent of thiamethoxam, in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FFIFRA section 18 emergency exemptions. The tolerances expire on the date speci�ed in the table. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 728/1218 Rice, grain 6 12/31/2024 Rice, straw 2 12/31/2024 [65 FR 79762, Dec. 20, 2000] § 180.566 Fenpyroximate; tolerances for residues. Table 1 of Paragraph (a)(1) Almond, hulls 3.0 Banana 1 Bean, snap, succulent 0.40 Berry, low growing, subgroup 13-07G 1.0 Blackeyed pea, succulent shelled 0.4 Broad bean, succulent shelled 0.4 (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide fenpyroximate, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only the sum of fenpyroximate, (E)-1,1-dimethylethyl 4-[[[[(1,3-dimethyl-5 phenoxy-1H-pyrazol-4-yl)methylene]amino]oxy]methyl]benzoate and its Z-isomer, (Z)-1,1-dimethylethyl 4-[[[[(1,3-dimethyl-5-phenoxy-1H-pyrazol-4 yl)methylene]amino]oxy]methyl]benzoate, calculated as the stoichiometric equivalent of fenpyroximate. CommodityCommodity Parts per million Parts per million Expiration dateExpiration date Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.565, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/65-FR-79762 https://www.ecfr.gov/current/title-40/section-180.565 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 729/1218 Bushberry subgroup 13-07B 3 Caneberry subgroup 13-07A 3 Chickpea, succulent shelled 0.4 Citrus, dried pulp 4.0 Citrus, oil 15 Corn, �eld, forage 2.0 Corn, �eld, grain 0.02 Corn, �eld, re�ned oil 0.05 Corn, �eld, stover 7.0 Corn, pop, forage 2.0 Corn, pop, grain 0.02 Corn, pop, stover 7.0 Cotton, gin byproducts 10 Cottonseed subgroup 20C 0.1 Cowpea, succulent shelled 0.4 Crowder pea, succulent shelled 0.4 Fruit, citrus, group 10-10 1.0 Fruit, pome, group 11-10 0.30 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13 07F 1.0 Fruit, stone, group 12-12 2.0 Goa bean, pods, succulent shelled 0.4 Grain, aspirated fractions 0.40 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 730/1218 Hop, dried cones 10 Lablab bean, succulent shelled 0.4 Leaf petiole vegetable subgroup 22B 4 Lima bean, succulent shelled 0.4 Melon subgroup 9A 0.10 Nut, tree, group 14-12 0.1 Peanut 0.04 Peanut, hay 30 Peppermint, tops 7.0 Sapodilla 0.15 Sapote, mamey 0.15 Southern pea, succulent shelled 0.4 Soybean, edible, succulent shelled 0.4 Spearmint, tops 7.0 Squash/cucumber subgroup 9B 0.4 Succulent bean, succulent shelled 0.4 Tea, dried 20 Tropical and subtropical, medium to large fruit, smooth, inedible peel subgroup 24B, except banana 0.6 Vegetable, fruiting, group 8-10 0.20 Vegetable, tuberous and corm, subgroup 1C 0.10 Velvet bean, succulent shelled 0.4 There are no U.S. Registrations. 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 731/1218 Table 2 of Paragraph (a)(2) Cattle, fat 0.1 Cattle, meat 0.03 Cattle, meat byproducts, except kidney and liver 0.03 Goat, fat 0.1 Goat, meat 0.03 Goat, meat byproducts, except kidney and liver 0.03 Horse, fat 0.1 Horse, meat 0.03 Horse, meat byproducts, except kidney and liver 0.03 Milk 0.015 Sheep, fat 0.1 Sheep, meat 0.03 Sheep, meat byproducts, except kidney and liver 0.03 (2) Tolerances are established for residues of the insecticide fenpyroximate, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only the sum of fenpyroximate, (E)-1,1-dimethylethyl 4-[[[[(1,3-dimethyl-5 phenoxy-1H-pyrazol-4-yl)methylene]amino]oxy]methyl]benzoate and its metabolites (E)-4-[(1,3-dimethyl-5-phenoxypyrazol-4-yl)-methyleneaminooxymethyl]benzoic acid and (E)-1,1-dimethylethyl-2-hydroxyethyl 4-[[[[(1,3-dimethyl-5-phenoxy-1H-pyrazol-4 yl)methylene]amino]oxy]methyl]benzoate, calculated as the stoichiometric equivalent of fenpyroximate. (3) Tolerances are established for residues of the insecticide fenpyroximate, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only the sum of fenpyroximate, (E)-1,1-dimethylethyl 4-[[[[(1,3-dimethyl-5 phenoxy-1H-pyrazol-4-yl)methylene]amino]oxy]methyl]benzoate and its metabolite (E)-4-[(1,3-dimethyl-5-phenoxypyrazol-4-yl)-methyleneaminooxymethyl]benzoic acid, calculated as the stoichiometric equivalent of fenpyroximate. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 732/1218 Table 3 of Paragraph (a)(3) Cattle, kidney 0.5 Cattle, liver 0.7 Goat, kidney 0.5 Goat, liver 0.7 Horse, kidney 0.5 Horse, liver 0.7 Sheep, kidney 0.5 Sheep, liver 0.7 [66 FR 18568, Apr. 10, 2001, as amended at 69 FR 32464, June 10, 2004; 71 FR 49368, Aug. 23, 2006; 72 FR 26321, May 9, 2007; 74 FR 37617, July 29, 2009; 74 FR 63079, Dec. 2, 2009; 75 FR 80346, Dec. 22, 2010; 77 FR 73951, Dec. 12, 2012; 78 FR 36097, June 17, 2013; 82 FR 34875, July 27, 2017; 84 FR 66625, Dec. 5, 2019; 85 FR 36758, June 18, 2020] § 180.567 Zoxamide; tolerances for residues. Banana 0.20 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 5.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of zoxamide including metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only zoxamide (3,5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4-methylbenzamide). 1 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/66-FR-18568 https://www.federalregister.gov/citation/69-FR-32464 https://www.federalregister.gov/citation/71-FR-49368 https://www.federalregister.gov/citation/72-FR-26321 https://www.federalregister.gov/citation/74-FR-37617 https://www.federalregister.gov/citation/74-FR-63079 https://www.federalregister.gov/citation/75-FR-80346 https://www.federalregister.gov/citation/77-FR-73951 https://www.federalregister.gov/citation/78-FR-36097 https://www.federalregister.gov/citation/82-FR-34875 https://www.federalregister.gov/citation/84-FR-66625 https://www.federalregister.gov/citation/85-FR-36758 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 733/1218 Grape, raisin 15.0 Pepper/Eggplant Subgroup 8-10B 1.0 Tomato subgroup 8-10A 2.0 Vegetable, cucurbit, group 9 1.0 There are no U.S. registrations allowing use of zoxamide on banana as of February 9, 2018. Ginseng 0.30 Onion, bulb, subgroup 3-07A 0.7 Potato, granules/�akes 0.30 Potato, wet peel 0.10 Vegetable, tuberous and corm, subgroup 1C 0.06 [66 FR 18733, Apr. 11, 2001, as amended at 66 FR 49118, Sept. 26, 2001; 69 FR 16805, Mar. 31, 2004; 71 FR 31104, June 1, 2006; 71 FR 76200, Dec. 20, 2006; 75 FR 770, Jan. 6, 2010; 79 FR 41915, July 18, 2014; 81 FR 12015, Mar. 8, 2016; 83 FR 5719, Feb. 9, 2018; 84 FR 12524, Apr. 2, 2019] § 180.568 Flumioxazin; tolerances for residues. 1 (2) Tolerances are established for residues of zoxamide including metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of zoxamide (3,5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4 methylbenzamide) and its metabolites 3,5-dichloro-1,4-benzenedicarboxylic acid (RH-1455 and RH-141455) and 3,5-dichloro-4-hydroxymethylbenzoic acid (RH-1452 and RH-141452) calculated as the stoichiometric equivalent of zoxamide. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of �umioxazin, 2-[7-�uoro-3,4-dihydro-3 oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6-yl]-4,5,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione, including its metabolites and degradates, in or on the commodities in the table below. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/66-FR-18733 https://www.federalregister.gov/citation/66-FR-49118 https://www.federalregister.gov/citation/69-FR-16805 https://www.federalregister.gov/citation/71-FR-31104 https://www.federalregister.gov/citation/71-FR-76200 https://www.federalregister.gov/citation/75-FR-770 https://www.federalregister.gov/citation/79-FR-41915 https://www.federalregister.gov/citation/81-FR-12015 https://www.federalregister.gov/citation/83-FR-5719 https://www.federalregister.gov/citation/84-FR-12524 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 734/1218 Alfalfa, forage 3.0 Alfalfa, hay 8.0 Almond, hulls 0.70 Artichoke, globe 0.02 Asparagus 0.02 Berry, low growing, subgroup 13-07G 0.07 Bushberry subgroup 13-07B 0.02 Caneberry, subgroup 13-07A 0.50 Citrus, group 10-10 0.02 Citrus, oil 0.1 Corn, �eld, forage 0.02 Corn, �eld, grain 0.02 Corn, �eld, stover 0.02 Cotton, gin byproducts 0.60 Cotton, undelinted seed 0.02 Fish, freshwater 1.5 Fruit, pome, group 11-10 0.02 Fruit, small vine climbing, except for fuzzy kiwifruit, subgroup 13-07F 0.02 Fruit, stone, group 12-12 0.02 Grain, aspirated fractions 100 Hop, dried cones 0.05 Leaf petioles subgroup 4B 0.02 Compliance with the tolerance levels speci�ed below is to be determined by measuring only �umioxazin. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 735/1218 Nut, tree, group 14-12 0.02 Olive 0.02 Onion, bulb subgroup 3-07A 0.02 Pea and bean, dried shelled, except soybean, subgroup 6C 0.07 Peanut 0.02 Peppermint, tops 0.04 Pomegranate 0.02 Prickly pear, fruit 0.07 Prickly pear, pads 0.06 Rapeseed subgroup 20A 0.40 Soybean forage 0.03 Soybean hay 0.02 Soybean, seed 0.02 Spearmint, tops 0.04 Sugarcane, cane 0.20 Sun�ower subgroup 20B 0.50 Vegetable, brassica, head and stem, group 5-16 0.02 Vegetable, cucurbit, group 9 0.03 Vegetable, fruiting, group 8-10 0.02 Vegetable, tuberous and corm, subgroup 1C 0.02 Wheat, forage 0.02 Wheat, grain 0.40 Wheat, hay 0.02 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 736/1218 Wheat, straw 6.0 Clover, forage 0.02 Clover, hay 0.15 Grass, forage 0.40 Grass, hay 0.05 [81 FR 91851, Dec. 19, 2016, as amended at 83 FR 50288, Oct. 5, 2018] § 180.569 Forchlorfenuron; tolerances for residues. Almond 0.01 Almond, hulls 0.15 Bushberry subgroup 13-07B 0.01 Cherry, sweet 0.01 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances are established for residues of �umioxazin, 2-[7-�uoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6-yl]-4,5,6,7 tetrahydro-1H-isoindole-1,3(2H)-dione, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �umioxazin. (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of forchlorfenuron, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only forchlorfenuron (N-(2-chloro-4-pyridinyl)-N-phenylurea). Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/81-FR-91851 https://www.federalregister.gov/citation/83-FR-50288 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 737/1218 Fig 0.01 Grape 0.03 Grape, raisin 0.06 Kiwifruit 0.04 Pear 0.01 Pistachio 0.01 Plum, prune, fresh 0.01 Almond 0.01 12/31/15 Almond, hulls 0.15 12/31/15 Cherry, sweet 0.01 12/31/15 Fig 0.01 12/31/15 Pear 0.01 12/31/15 Pistachio 0.01 12/31/15 Plum, prune, fresh 0.01 12/31/15 [66 FR 22936, May 7, 2001, as amended at 69 FR 48805, Aug. 11, 2004; 69 FR 58322, Sept. 30, 2004; 73 FR 47846, Aug. 15, 2008; 78 FR 46283, July 31, 2013; 79 FR 18471, Apr. 2, 2014] (2) Temporary tolerances are established for residues of forchlorfenuron, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring on forchlorfenuron (N-(2-chloro-4-pyridinyl)-N′-phenylurea). (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional restrictions. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million Expiration/ revocation date https://www.federalregister.gov/citation/66-FR-22936 https://www.federalregister.gov/citation/69-FR-48805 https://www.federalregister.gov/citation/69-FR-58322 https://www.federalregister.gov/citation/73-FR-47846 https://www.federalregister.gov/citation/78-FR-46283 https://www.federalregister.gov/citation/79-FR-18471 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 738/1218 § 180.570 Isoxadifen-ethyl; tolerances for residues. Corn, �eld, forage 0.20 Corn, �eld, grain 0.08 Corn, �eld, stover 0.40 Corn, oil 0.50 Corn, pop, grain 0.04 Corn, pop, stover 0.25 Corn, sweet, forage 0.30 Corn, sweet, kernel plus cob with husk removed 0.04 Corn, sweet, stover 0.45 Rice, grain 0.10 Rice, hulls 0.50 [66 FR 33187, June 21, 2001, as amended at 66 FR 40141, Aug. 2, 2001; 67 FR 12878, Mar. 20, 2002; 69 FR 29890, May 26, 2004; 72 FR 63997, Nov. 14, 2007; 80 FR 72599, Nov. 20, 2016] (a) General. (1) Tolerances are established for residues of isoxadifen-ethyl (ethyl 5,5-diphenyl-2 isoxazoline-3-carboxylate, (CAS No. 163520-33-0), and its metabolite: 4,5-dihydro 5,5-diphenyl-3-isoxazolecarboxylic acid, when used as an inert ingredient (safener) in or on the following raw agricultural commodities: (2) Tolerances are established for the residues of isoxadifen-ethyl (3 isoxazolecarboxylic acid, 4,5-dihydro-5,5-diphenyl-, ethyl ester (CAS No. 164520-33 0)), and its metabolites 4,5-dihydro-5,5-diphenyl-3-isoxazolecarboxylic acid and β hydroxy-β-benzenepropanenitrile when used as an inert ingredient (safener) in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/66-FR-33187 https://www.federalregister.gov/citation/66-FR-40141 https://www.federalregister.gov/citation/67-FR-12878 https://www.federalregister.gov/citation/69-FR-29890 https://www.federalregister.gov/citation/72-FR-63997 https://www.federalregister.gov/citation/80-FR-72599 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 739/1218 § 180.571 Mesotrione; tolerances for residues. Almond, hulls 0.02 Asparagus 0.01 Berry, group 13 0.01 Corn, �eld, forage 0.01 Corn, �eld, grain 0.01 Corn, �eld, stover 0.01 Corn, pop, grain 0.01 Corn, pop, stover 0.01 Corn, sweet, forage 0.5 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 1.5 Cranberry 0.02 Flax, seed 0.01 Fruit, citrus, group 10-10 0.01 Fruit, pome, group 11-10 0.01 Fruit, stone, group 12-12 0.01 Grass, forage 0.01 Grass, hay 0.01 Grass, seed screenings 0.10 Grass, straw 0.10 (a) General. Tolerances are established for residues of the herbicide mesotrione, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only mesotrione, 2-[4-(methylsulfonyl)-2-nitrobenzoyl]-1,3-cyclohexanedione, in or on the following raw agricultural commodities: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 740/1218 Lingonberry 0.01 Millet, forage 0.01 Millet, grain 0.01 Millet, hay 0.02 Millet, straw 0.02 Nut, tree, group 14-12 0.01 Oat, forage 0.01 Oat, grain 0.01 Oat, hay 0.01 Oat, straw 0.01 Okra 0.01 Rhubarb 0.01 Sorghum, grain, forage 0.01 Sorghum, grain, grain 0.01 Sorghum, grain, stover 0.01 Sorghum, sweet 0.01 Soybean, seed 0.01 Sugarcane, cane 0.01 [66 FR 33195, June 21, 2001, as amended at 67 FR 45656, July 10, 2002; 68 FR 273, Jan. 3, 2003; 69 FR 58310, Sept. 30, 2004; 70 FR 14551, Mar. 23, 2005; 72 FR 71802, Dec. 19, 2007; 73 FR 1512, Jan. 9, 2008; 73 FR 9226, Feb. 20, 2008; 74 FR 67123, Dec. 18, 2009; 76 FR 34886, June 15, 2011; 80 FR 30630, May 29, 2015] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/66-FR-33195 https://www.federalregister.gov/citation/67-FR-45656 https://www.federalregister.gov/citation/68-FR-273 https://www.federalregister.gov/citation/69-FR-58310 https://www.federalregister.gov/citation/70-FR-14551 https://www.federalregister.gov/citation/72-FR-71802 https://www.federalregister.gov/citation/73-FR-1512 https://www.federalregister.gov/citation/73-FR-9226 https://www.federalregister.gov/citation/74-FR-67123 https://www.federalregister.gov/citation/76-FR-34886 https://www.federalregister.gov/citation/80-FR-30630 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 741/1218 § 180.572 Bifenazate; tolerance for residues. Acerola 0.90 Almond, hulls 15 Apple, wet pomace 1.2 Atemoya 1.6 Avocado 7.0 Bean, dry seed 0.60 Berry, low-growing subgroup 13-07G 1.5 Biriba 1.6 Black sapote 7.0 Caneberry subgroup 13-07A 5.0 Canistel 7.0 Cattle, fat 0.10 Cherimoya 1.6 Cotton, gin byproducts 35 Cotton, undelinted seed 0.75 Custard apple 1.6 Feijoa 0.90 Fruit, pome, group 11-10 0.7 (a) General. (1) Tolerances are established for residues of bifenazate (1-methylethyl 2-(4 methoxy[1,1′-biphenyl]-3-yl)hydrazinecarboxylate) including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed are to be determined by measuring only the sum of bifenazate and its metabolite, diazinecarboxylic acid, 2-(4-methoxy-[1,1′-biphenyl]-3 yl), 1-methylethyl ester, (calculated as the stoichiometric equivalent of bifenazate) in or on the following food commodities: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 742/1218 Fruit, small, vine climbing subgroup 13-07F, except fuzzy kiwifruit 1.0 Fruit, stone, group 12, except plum 2.5 Goat, fat 0.10 Grape 0.75 Grape, raisin 1.2 Guava 0.9 Herb, subgroup 19A, except chervil and chive 300 Hog, fat 0.10 Hop, dried cones 15 Horse, fat 0.10 Jaboticaba 0.90 Ilama 1.6 Longan 5.0 Lychee 5.0 Mango 7.0 Nut, tree, group 14 0.20 Okra 2.0 Papaya 7.0 Passionfruit 0.90 Pea and bean, succulent shelled, subgroup 6B 0.70 Peppermint, tops 25 Pistachio 0.20 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 743/1218 Plum 0.20 Pulasan 5.0 Rambutan 5.0 Sapodilla 7.0 Sapote, mamey 7.0 Sheep, fat 0.10 Soursop 1.6 Soybean, succulent shelled 0.70 Spanish lime 5.0 Spearmint, tops 25 Star apple 7.0 Starfruit 0.90 Strawberry 1.5 Sugar apple 1.6 Vegetable, cucurbit, group 9 0.75 Vegetable, fruiting, group 8-10 4.0 Vegetable, legume, edible-podded, subgroup 6A 6.0 Vegetable, tuberous and corm, subgroup 1C 0.10 Wax jambu 0.90 (2) Tolerances are established for residues of bifenazate (1-methylethyl 2-(4 methoxy[1,1′-biphenyl]-3-yl) hydrazinecarboxylate) including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed are to be determined by measuring only the sum of bifenazate and its metabolites diazinecarboxylic acid, 2-(4-methoxy-[1,1′-biphenyl]-3 yl), 1-methylethyl ester; 1,1′-biphenyl, 4-ol; and 1,1′-biphenyl, 4-oxysulfonic acid (calculated as the stoichiometric equivalent of bifenazate) in or on the following food commodities: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 744/1218 Cattle, meat 0.02 Cattle, meat byproducts 0.02 Goat, meat 0.02 Goat, meat byproducts 0.02 Hog, meat 0.02 Hog, meat byproducts 0.02 Horse, meat 0.02 Horse, meat byproducts 0.02 Milk 0.02 Sheep, meat 0.02 Sheep, meat byproducts 0.02 Timothy, forage 200 Timothy, hay 150 [66 FR 34569, June 29, 2001] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of bifenazate (1-methylethyl 2-(4-methoxy[1,1′ biphenyl]-3-yl)hydrazinecarboxylate) including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed are to be determined by measuring only the sum of bifenazate and its metabolite, diazinecarboxylic acid, 2-(4-methoxy-[1,1′-biphenyl]-3-yl), 1-methylethyl ester, (calculated as the stoichiometric equivalent of bifenazate) in or on the following food commodities: (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million For FEDERAL REGISTER citations affecting § 180.572, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/66-FR-34569 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) https://www.ecfr.gov/current/title-40/section-180.572 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 745/1218 § 180.573 Tepraloxydim; tolerances for residues. Cotton, undelinted seed 0.2 12/31/18 Cotton, gin byproducts 3.0 12/31/18 Flax, seed 0.10 12/31/18 Grain, aspirated fraction 1200.0 12/31/18 Pea and bean, dried shelled, except soybean, subgroup 6C 0.10 12/31/18 Soybean, seed 6.0 12/31/18 Soybean, hulls 8.0 12/31/18 Sun�ower subgroup 20B 0.20 12/31/18 There are no U.S. registrations for commodities in this subgroup. (a) General. (1) Tolerances are established for residues of tepraloxydim, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the combined residues of tepraloxydim, (2-[1-[[[(2E)-3-chloro-2-propen-1 yl]oxy]imino]propyl]-3-hydroxy-5-(tetrahydro-2H-pyran-4-yl)-2-cyclohexen-1-one) and its metabolites convertible to GP (3-(tetrahydropyran-4-yl)pentane-1,5-dioic acid) and OH-GP (3-hydroxy-3-(tetrahydropyran-4-yl)pentane-1,5-dioic acid), calculated as tepraloxydim, in or on the commodities. 1 1 1 (2) Tolerances are established for residues of tepraloxydim, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the combined residues of tepraloxydim (2-[1-[[[(2E)-3-chloro-2-propen-1 yl]oxy]imino]propyl]-3-hydroxy-5-(tetrahydro-2H-pyran-4-yl)-2-cyclohexen-1-one) and its metabolites convertible to GP (3-(tetrahydropyran-4-yl)pentane-1,5-dioic acid), OH-GP (3-hydroxy-3-(tetrahydropyran-4-yl)pentane-1,5-dioic acid), and GL (3-(2 oxotetrahydropyran-4-yl)-1,5-dioic acid), calculated as tepraloxydim, in or on the commodities. Commodity Parts per million Expiration/ revocation date 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 746/1218 Cattle, fat 0.15 12/31/18 Cattle, kidney 0.50 12/31/18 Cattle, meat 0.20 12/31/18 Cattle, meat byproducts, except kidney 0.20 12/31/18 Egg 0.20 12/31/18 Goat, fat 0.15 12/31/18 Goat, kidney 0.50 12/31/18 Goat, meat 0.20 12/31/18 Goat, meat byproducts, except kidney 0.20 12/31/18 Hog, fat 0.15 12/31/18 Hog, kidney 0.50 12/31/18 Hog, meat 0.20 12/31/18 Hog, meat byproducts, except kidney 0.20 12/31/18 Horse, fat 0.15 12/31/18 Horse, kidney 0.50 12/31/18 Horse, meat 0.20 12/31/18 Horse, meat byproducts, except kidney 0.20 12/31/18 Milk 0.10 12/31/18 Poultry, fat 0.30 12/31/18 Poultry, liver 1.00 12/31/18 Poultry, meat 0.20 12/31/18 Poultry, meat byproducts, except liver 0.20 12/31/18 CommodityCommodity Parts per million Parts per million Expiration/ revocation date Expiration/ revocation date 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 747/1218 Sheep, fat 0.15 12/31/18 Sheep, kidney 0.50 12/31/18 Sheep, meat 0.20 12/31/18 Sheep, meat byproducts, except kidney 0.20 12/31/18 Canola, seed 0.50 12/31/18 [66 FR 40150, Aug. 2, 2001, as amended at 72 FR 54588, Sept. 26, 2007; 76 FR 34885, June 15, 2011; 76 FR 82152, Dec. 30, 2011; 81 FR 34906, June 1, 2016] § 180.574 Fluazinam; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with regional registration, as de�ned in § 180.1(l), is established for residues of tepraloxydim, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the combined residues of tepraloxydim (2-[1-[[[(2E)-3-chloro-2-propen-1-yl]oxy]imino]propyl]-3-hydroxy-5-(tetrahydro 2H-pyran-4-yl)-2-cyclohexen-1-one) and its metabolites convertible to GP (3 (tetrahydropyran-4-yl)pentane-1,5-dioic acid) and OH-GP (3-hydroxy-3-(tetrahydropyran-4 yl)pentane-1,5-dioic acid), calculated as tepraloxydim, in or on the commodities. (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of �uazinam (3-chloro-N-[3-chloro-2,6-dinitro 4-(tri�uoromethyl)phenyl]-5-(tri�uoromethyl)-2-pyridinamine), including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �uazinam. Commodity Parts per million Expiration/ revocation date Commodity Parts per million Expiration/ revocation date Commodity Parts per million https://www.federalregister.gov/citation/66-FR-40150 https://www.federalregister.gov/citation/72-FR-54588 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/76-FR-82152 https://www.federalregister.gov/citation/81-FR-34906 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 748/1218 Apple 2.0 Apple, wet pomace 5.0 Bushberry subgroup 13-07B 7.0 Cabbage 3.0 Carrot, roots 0.70 Ginseng 4.5 Lettuce, head 0.02 Lettuce, leaf 2.0 Mayhaw 2.0 Onion, bulb, subgroup 3-07A 0.20 Pea and bean, dried shelled, except soybean, subgroup 6C, except pea 0.02 Pea and bean, succulent shelled, subgroup 6B, except pea 0.04 Peanut 0.02 Pepper/eggplant subgroup 8-10B 0.09 Soybean, seed 0.01 Soybean, hulls 0.05 Tea, dried 6.0 Turnip, greens 0.01 Vegetable, Brassica leafy, group 5, except cabbage 0.01 Vegetable, cucurbit, group 9 0.07 Vegetable, legume, edible-podded, subgroup 6A, except pea 0.10 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 749/1218 Vegetable, tuberous and corm, subgroup 1C 0.02 There is no U.S. registration as of January 19, 2017. Grape, wine 3.0 No US registration as of March 15, 2002. Cattle, fat 0.05 Cattle, meat byproducts 0.05 Goat, fat 0.05 Goat, meat byproducts 0.05 Horse, fat 0.05 Horse, meat byproducts 0.05 Sheep, fat 0.05 Sheep, meat byproducts 0.05 1 (2) Tolerances are established for residues of �uazinam, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �uazinam and its metabolite AMGT (3-[[4-amino-3-[[3-chloro-5-(tri�uoromethyl)-2 pyridinyl]amino]-2-nitro-6-(tri�uoromethyl) phenyl]thio]-2-(beta-D-glucopyranosyloxy) propionic acid). 1 1 (3) Tolerances are established for residues of �uazinam (3-chloro-N-[3-chloro-2,6-dinitro 4-(tri�uoromethyl)phenyl]-5-(tri�uoromethyl)-2-pyridinamine), including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �uazinam, AMPA (2-(6-amino-3-chloro-α,α,α-tri�uoro-2-nitro-p toluidino)-3-chloro-5-(tri�uoromethyl) pyridine), DAPA (3-chloro-2-(2,6-diamino-3 chloro-α,α,α.-tri�uoro-p-toluidino)-5-(tri�uoromethyl)pyridine), and their sulfamate conjugates. Commodity Parts per million Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 750/1218 [66 FR 46738, Sept. 7, 2001, as amended at 67 FR 19130, Apr. 18, 2002; 72 FR 60260, Oct. 24, 2007; 75 FR 26667, May 12, 2010; 76 FR 3029, Jan. 19, 2011; 77 FR 66729, Nov. 7, 2012; 81 FR 20550, Apr. 8, 2016; 81 FR 34283, May 31, 2016; 82 FR 21948, May 11, 2017] § 180.575 Sulfuryl �uoride; tolerances for residues. All processed food commodities not otherwise listed 2.0 Barley, bran, postharvest 0.05 Barley, �our, postharvest 0.05 Barley, grain, postharvest 0.1 Barley, pearled barley, postharvest 0.05 Cacao bean, roasted bean, postharvest 0.2 Cattle, meat, dried 0.01 Cheese 2.0 Coconut, postharvest 1.0 Coffee, bean, roasted bean, postharvest 1.0 Corn, �eld, �our, postharvest 0.01 Corn, �eld, grain, postharvest 0.05 Corn, �eld, grits, postharvest 15.0 Corn, �eld, meal, postharvest 0.01 Corn, pop, grain, postharvest 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) (1) General. Tolerances are established for residues of sulfuryl �uoride in or on the following commodities from the postharvest fumigation with sulfuryl �uoride for the control of insects: Commodity Parts per million https://www.federalregister.gov/citation/66-FR-46738 https://www.federalregister.gov/citation/67-FR-19130 https://www.federalregister.gov/citation/72-FR-60260 https://www.federalregister.gov/citation/75-FR-26667 https://www.federalregister.gov/citation/76-FR-3029 https://www.federalregister.gov/citation/77-FR-66729 https://www.federalregister.gov/citation/81-FR-20550 https://www.federalregister.gov/citation/81-FR-34283 https://www.federalregister.gov/citation/82-FR-21948 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 751/1218 Cotton, undelinted seed, postharvest 0.5 Egg, dried 1.0 Fruit, dried, postharvest 0.05 Ginger, postharvest 0.5 Grain, aspirated fractions, postharvest 0.05 Herbs and spices group 19, postharvest 0.5 Hog, meat 0.02 Milk, powdered 2.0 Millet, grain, postharvest 0.1 Nut, pine, postharvest 0.2 Nut, tree, Group 14, postharvest 3.0 Oat, �our, postharvest 0.05 Oat, grain, postharvest 0.1 Oat, groats/rolled oats, postharvest 0.1 Peanut, postharvest 0.5 Pistachio, postharvest 3.0 Rice, bran, postharvest 0.01 Rice, �our, postharvest 0.05 Rice, grain, postharvest 0.04 Rice, hulls, postharvest 0.1 Rice, polished rice, postharvest 0.01 Rice, wild, grain, postharvest 0.05 Sorghum, grain, grain, postharvest 0.1 Triticale, grain, postharvest 0.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 752/1218 Vegetable, legume, group 6, postharvest 0.5 Wheat, bran, postharvest 0.05 Wheat, �our, postharvest 0.05 Wheat, germ, postharvest 0.02 Wheat, grain, postharvest 0.1 Wheat, milled byproducts, postharvest 0.05 Wheat, shorts, postharvest 0.05 [67 FR 5740, Feb. 7, 2002, as amended at 69 FR 3257, Jan. 23, 2004; 70 FR 40908, July 15, 2005] § 180.576 Cyhalofop-butyl; tolerances for residues. Rice, grain 0.40 Wild rice, grain 0.40 [67 FR 43256, June 27, 2002, as amended at 74 FR 15880, Apr. 8, 2009; 76 FR 82157, Dec. 30, 2011] (2) To assure safe use of this pesticide commodities treated with sulfuryl �uoride must be aerated for at least 24 hours prior to entering commerce. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registration. [Reserved] (d) Indirect or inadvertant residues. [Reserved] (a) General. Tolerances are established for residues of cyhalofop-butyl, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring cyhalofop butyl [R-( + )-n-butyl-2-(4(4-cyano-2-�uorophenoxy)-phenoxy)propionate], cyhalofop acid [R-( + )-2-(4(4-cyano-2-�uorophenoxy)-phenoxy)propionic acid], and the di acid metabolite [(2R)-4-(4-(1-carboxyethoxy)phenoxy)-3-�uorobenzoic acid]. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/67-FR-5740 https://www.federalregister.gov/citation/69-FR-3257 https://www.federalregister.gov/citation/70-FR-40908 https://www.federalregister.gov/citation/67-FR-43256 https://www.federalregister.gov/citation/74-FR-15880 https://www.federalregister.gov/citation/76-FR-82157 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 753/1218 § 180.577 Bispyribac-sodium; tolerances for residues. Fish, freshwater 0.01 Rice, grain 0.02 [66 FR 48097, Sept. 18, 2001, as amended at 76 FR 5716, Feb. 2, 2011; 80 FR 72599, Nov. 20, 2015] § 180.578 Acetamiprid; tolerances for residues. Almond, hulls 5.0 Asparagus 0.80 Berry, low growing subgroups 13-07G 0.60 Brassica, leafy greens, subgroup 4-16B 15 Bushberry subgroup 13-07B 1.6 Caneberry subgroup 13-07A 1.6 Celtuce 3 (a) General. Tolerances are established for residues of the herbicide bispyribac-sodium, including its metabolites and degradates, in or on the commodity listed below. Compliance with the tolerance level speci�ed below is to be determined by measuring only bispyribac-sodium, (2,6-bis[(4,6-dimethoxy-2-pyrimidinyl)oxy]benzoic acid, sodium salt), in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide acetamiprid (1E)-N-[(6 chloro-3-pyridinyl)methyl]-N'-cyano-N-methylethanimidamide, including its metabolites and degradates, in or on the commodities in the table below as a result of the application of acetamiprid. Compliance with the tolerance levels speci�ed below is to be determined by measuring only acetamiprid in or on the following commodities. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/66-FR-48097 https://www.federalregister.gov/citation/76-FR-5716 https://www.federalregister.gov/citation/80-FR-72599 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 754/1218 Citrus, dried pulp 1.20 Corn, sweet, forage 15 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 30 Cotton, gin byproducts 20.0 Cottonseed subgroup 20C 0.7 Fennel, �orence, fresh leaves and stalk 3 Fruit, citrus, group 10-10 1.0 Fruit, pome, group 11-10 1.0 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.35 Fruit, stone, group 12-12 1.5 Grain, aspirated fractions 5.0 Kohlrabi 1.2 Leaf petiole vegetable subgroup 22B 3 Leafy greens subgroup 4-16A 3 Nut, tree, group 14-12 0.1 Onion, bulb, subgroup 3-07A 0.02 Onion, green, subgroup 3-07B 4.5 Pea and bean, succulent shelled, subgroup 6B 0.40 Rapeseed subgroup 20A 0.01 Soybean, hulls 0.04 Soybean, seed 0.03 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 755/1218 Tea, dried 50.0 Tomato, paste 0.40 Tropical and subtropical, medium to large fruit, smooth, inedible peel, subgroup 24B 0.5 Vegetable, brassica, head and stem, group 5-16 1.2 Vegetable, cucurbit, group 9 0.50 Vegetable, fruiting, group 8-10 0.20 Vegetable, legume, edible podded, subgroup 6A 0.60 Vegetable, tuberous and corm, group 1 0.01 There are no U.S. registrations as of February 10, 2010, for the use of acetamiprid on dried tea. Cattle, fat 0.20 Cattle, meat 0.30 Cattle, meat byproducts 0.70 Egg 0.010 Goat, fat 0.20 Goat, meat 0.30 Goat, meat byproducts 0.70 Hog, fat 0.10 1 1 (2) Tolerances are established for residues of the insecticide acetamiprid (1E)-N-[(6 chloro-3-pyridinyl)methyl]-N′-cyano-N-methylethanimidamide, including its metabolites and degradates, in or on the commodities in the table below as a result of the application of acetamiprid. Compliance with the tolerance levels speci�ed below is to be determined by measuring acetamiprid and (1E)-N-[(6-chloro-3 pyridinyl)methyl]-N′-cyano-N-ethanimidamide in or on the following commodities. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 756/1218 Hog, meat 0.10 Hog, meat byproducts 0.20 Horse, fat 0.20 Horse, meat 0.30 Horse, meat byproducts 0.70 Milk 0.30 Poultry, fat 0.010 Poultry, liver 0.050 Poultry, meat 0.010 Sheep, fat 0.20 Sheep, meat 0.30 Sheep, meat byproducts 0.70 Sugarcane, cane 45 12/31/19 Sugarcane, molasses 600 12/31/19 (3) A tolerances of 0.01 ppm is established for residues of the insecticide acetamiprid, including its metabolites and degradates, in or on all food/feed items (other than those covered by a higher tolerance in paragraph (a)(1) or (a)(2) of this section as a result of the use on growing crops) as a result of the application of acetamiprid in food/feed handling establishments. Compliance with the 0.01 ppm tolerance level is to be determined by measuring only acetamiprid (1E)-N-[(6-chloro-3 pyridinyl)methyl]-N′-cyano-N-methylethanimidamide in or on the commodities. (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the following table are established for residues of the acetamiprid, (1E)-N-[(6-chloro-3-pyridinyl)methyl]-N' cyano-N-methylethanimidamide, in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance levels speci�ed below is to be determined by measuring only acetamiprid. The tolerances expire on the date speci�ed in the table. Commodity Parts per million Commodity Parts per million Expiration date https://www.ecfr.gov/current/title-40/section-180.578#p-180.578(a)(1) https://www.ecfr.gov/current/title-40/section-180.578#p-180.578(a)(2) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 757/1218 Clover, forage 0.30 Clover, hay 2.0 [67 FR 14659, Mar. 27, 2002, as amended at 68 FR 52352, Sept. 3, 2003; 70 FR 19293, Apr. 13, 2005; 72 FR 67262, Nov. 28, 2007; 73 FR 2811, Jan. 16, 2008; 75 FR 6582, Feb. 10, 2010; 77 FR 18716, Mar. 28, 2012; 77 FR 43529, July 25, 2012; 78 FR 36676, June 19, 2013; 80 FR 68778, Nov. 6, 2015; 82 FR 17151, Apr. 10, 2017; 85 FR 8441, Feb. 14, 2020] § 180.579 Fenamidone; tolerances for residues. Basil, dried leaves 200 Basil, fresh leaves 30 Bean, succulent, except cowpea 0.80 Celtuce 60 Cilantro, fresh leaves 60 Cotton, gin byproducts 0.02 Cottonseed subgroup 20C 0.02 Fennel, Florence, fresh leaves and stalk 60 (c) Tolerances with regional registrations. Tolerances with regional registrations are established for residues of the insecticide acetamiprid (1E)-N-[(6-chloro-3 pyridinyl)methyl]-N′-cyano-N-methylethanimidamide, including its metabolites and degradates, in or on the commodities in the table below as a result of the application of acetamiprid. Compliance with the tolerance levels speci�ed below is to be determined by measuring only acetamiprid in or on the following commodities. (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the fungicide, fenamidone, including its metabolites and degradates, in or on the following commodities. Compliance with the tolerance levels is to be determined by measuring only fenamidone (4H-Imidazol 4-one, 3,5-dihydro-5-methyl-2-(methylthio)-5-phenyl-3 (phenylamino)-,(S)-), in or on the commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/67-FR-14659 https://www.federalregister.gov/citation/68-FR-52352 https://www.federalregister.gov/citation/70-FR-19293 https://www.federalregister.gov/citation/72-FR-67262 https://www.federalregister.gov/citation/73-FR-2811 https://www.federalregister.gov/citation/75-FR-6582 https://www.federalregister.gov/citation/77-FR-18716 https://www.federalregister.gov/citation/77-FR-43529 https://www.federalregister.gov/citation/78-FR-36676 https://www.federalregister.gov/citation/80-FR-68778 https://www.federalregister.gov/citation/82-FR-17151 https://www.federalregister.gov/citation/85-FR-8441 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 758/1218 Ginseng 0.80 Kohlrabi 5.0 Leaf petiole vegetable subgroup 22B 60 Leafy vegetable group 4-16 60 Okra 3.5 Onion, bulb, subgroup 3-07A 0.20 Onion, green, subgroup 3-07B 1.5 Pepper, nonbell 3.5 Sun�ower 0.02 Tomato, paste 2.2 Tomato, puree 2.0 Turnip, greens 55 Vegetable, Brassica, head and stem, group 5-16 5.0 Vegetable, cucurbit, group 9 0.15 Vegetable, fruiting, group 8, except nonbell pepper 1.0 Vegetable, root, except sugar beet, subgroup 1B, except radish 0.15 Vegetable, tuberous and corm, subgroup 1C 0.02 Cattle, fat 0.10 (2) Tolerances are established for residues of the fungicide fenamidone, including its metabolites and degradates, in or on the following commodities. Compliance with the tolerance levels is to be determined by measuring fenamidone (4H-Imidazol-4 one, 3,5-dihydro-5-methyl-2-(methylthio)-5-phenyl-3 (phenylamino)-,(S)-), and its metabolite RPA 717879 (2,4-imidazolidinedione, 5-methyl-5-phenyl), in or on the commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 759/1218 Cattle, meat 0.10 Cattle, meat byproducts 0.10 Goat, fat 0.10 Goat, meat 0.10 Goat, meat byproducts 0.10 Milk 0.02 Sheep, fat 0.10 Sheep, meat 0.10 Sheep, meat byproducts 0.10 Grape 1.0 Applicable to grapes grown East of the Rocky Mountains. Grain, cereal, group 15, except rice 0.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with regional registration as de�ned in § 180.1(l) is established for residues of the fungicide fenamidone, including its metabolites and degradates, in or on the following commodities. Compliance with the tolerance levels is to be determined by measuring only fenamidone (4H-Imidazol-4-one, 3,5-dihydro-5-methyl-2-(methylthio)-5-phenyl-3 (phenylam-ino)-,(S)-), in or on the commodity: 1 1 (d) Indirect or inadvertent residues. Tolerances are established for residues of the fungicide fenamidone, including its metabolites and degradates, in or on the following commodities. Compliance with the tolerance levels is to be determined by measuring fenamidone (4H-Imidazol-4-one, 3,5-dihydro-5-methyl-2-(methylthio)-5-phenyl-3 (phenylamino)-,(S)-), and its metabolite RPA 717879 (2,4-imidazolidinedione, 5-methyl-5 phenyl), in or on the following commodities when present therein as a result of application of fenamidone to the crops in paragraph (a)(1). Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 760/1218 Grain, cereal, forage, fodder and straw, group 16, except rice 0.5 Soybean, forage 0.15 Soybean, hay 0.25 Soybean, seed 0.02 Strawberry 0.02 [67 FR 60976, Sept. 27, 2002, as amended at 69 FR 58066, Sept. 29, 2004; 71 FR 55293, Sept. 22, 2006; 72 FR 60272, Oct. 24, 2007; 74 FR 34257, July 15, 2009; 76 FR 34885, June 15, 2011; 76 FR 70895, Nov. 16, 2011; 77 FR 32401, June 1, 2012; 79 FR 13882, Mar. 12, 2014; 82 FR 35114, July 28, 2017] § 180.580 Iodosulfuron-Methyl-Sodium; tolerances for residues. Corn, �eld, forage 0.05 Corn, �eld, grain 0.03 Corn, �eld, stover 0.05 Wheat, forage 0.10 Wheat, grain 0.02 Wheat, hay 0.05 Wheat, straw 0.05 [67 FR 57532, Sept. 11, 2002, as amended at 74 FR 23644, May 20, 2009] (a) General. Tolerances are established for residues of the herbicide Iodosulfuron-Methyl Sodium (methyl 4-iodo-2-[3-(4-methoxy-6-methyl-1,3,5 triazin-2-yl)ureidosulfonyl]benzoate, sodium salt) in or on the following commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/67-FR-60976 https://www.federalregister.gov/citation/69-FR-58066 https://www.federalregister.gov/citation/71-FR-55293 https://www.federalregister.gov/citation/72-FR-60272 https://www.federalregister.gov/citation/74-FR-34257 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/76-FR-70895 https://www.federalregister.gov/citation/77-FR-32401 https://www.federalregister.gov/citation/79-FR-13882 https://www.federalregister.gov/citation/82-FR-35114 https://www.federalregister.gov/citation/67-FR-57532 https://www.federalregister.gov/citation/74-FR-23644 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 761/1218 § 180.581 Iprovalicarb; tolerances for residues. Grape 2.0 Tomato 1.0 There is no U.S. registration as of September 1, 2005. [67 FR 54359, Aug. 22, 2002, as amended at 70 FR 55281, Sept. 21, 2005] § 180.582 Pyraclostrobin; tolerances for residues. Alfalfa, forage 10 Alfalfa, hay 30 Almond, hulls 7.0 Apple, wet pomace 8.0 Artichoke, globe 3.0 Avocado 0.6 (a) General. Tolerances are established for residues of iprovalicarb, [2-methyl-1[[[(1S)-(4 methylphenyl) ethyl] amino]carbonyl] propyl]carbamic acid methylethylester, in or on the following commodities. 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the fungicide pyradostrobin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of pyraclostrobin (carbamic acid, [2-[[[ 1-(4 chlorophenyl)-1H-pyrazol-3-yl]oxy] methyl]phenyl]methoxy-, methyl ester) and its desmethoxy metabolite (methyl-N-[[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl] phenylcarbamate), calculated as the stoichiometric equivalent of pyraclostrobin, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/67-FR-54359 https://www.federalregister.gov/citation/70-FR-55281 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 762/1218 Banana 0.04 Barley, grain 1.4 Barley, hay 25 Barley, straw 6.0 Bean, succulent shelled 0.5 Beet, sugar, dried pulp 1.0 Beet, sugar, roots 0.2 Beet, sugar, tops 8.0 Berry, low growing, subgroup 13-07G, except cranberry 1.2 Brassica, leafy greens, subgroup 4-16B, except watercress 16 Bushberry subgroup 13-07B 4.0 Caneberry subgroup 13-07A 4.0 Canistel 0.6 Celtuce 29 Citrus, dried pulp 12.5 Citrus, oil 9.0 Coffee, green bean 0.3 Corn, �eld, forage 5.0 Corn, �eld, grain 0.1 Corn, �eld, re�ned oil 0.2 Corn, �eld, stover 17.0 Corn, pop, grain 0.1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 763/1218 Corn, pop, stover 17.0 Corn, sweet, forage 5.0 Corn, sweet, kernel plus cob with husks removed 0.04 Corn, sweet, stover 23.0 Cotton, gin byproducts 30 Dill, seed 40 Endive, belgium 4.0 Fennel, Florence 29 Fruit, citrus, group 10-10 2.0 Fruit, pome, group 11-10 1.5 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.0 Fruit, stone, group 12-12 2.5 Grain, aspirated fractions 2.5 Grape, raisin 7.0 Grass, forage 10 Grass, hay 4.5 Grass, seed screenings 27 Grass, straw 14 Herb subgroup 19A 40 Hop, dried cones 23.0 Kohlrabi 5.0 Leaf petiole vegetable, subgroup 22B 29 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 764/1218 Leafy greens, subgroup 4-16A 40 Mango 0.6 Nut, tree, group 14-12, except pistachio 0.04 Oat, grain 1.2 Oat, hay 18 Oat, straw 15 Oilseed group 20 0.45 Papaya 0.6 Pea, succulent 0.2 Pea and bean, dried shelled, except soybean, subgroup 6C 0.5 Peanut 0.05 Peanut, re�ned oil 0.1 Peppermint, tops 8.0 Persimmon 3.0 Pistachio 0.7 Radish, tops 16 Rye, grain 0.04 Rye, straw 0.5 Sapodilla 0.6 Sapote, black 0.6 Sapote, mamey 0.6 Sorghum, grain, forage 5.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 765/1218 Sorghum, grain, grain 0.60 Sorghum, grain, stover 0.80 Soybean, forage 11 Soybean, hay 14 Soybean, hulls 0.06 Soybean, seed 0.04 Spearmint, tops 8.0 Star apple 0.6 Sugarcane, cane 0.20 Vegetable, Brassica, head and stem, group 5-16 5.0 Vegetable, bulb, group 3-07 0.9 Vegetable, cucurbit, group 9 0.5 Vegetable, foliage of legume, except soybean, subgroup 7A 25.0 Vegetable, fruiting, group 8-10 1.4 Vegetable, leaves of root and tuber, group 2, except sugar beet 16.0 Vegetable, legume, edible podded, subgroup 6A 0.5 Vegetable, root, except sugar beet, subgroup 1B 0.4 Vegetable, tuberous and corm, subgroup 1C 0.04 Vegetables, foliage of legume, group 7 25 Wheat, grain 0.02 Wheat, hay 6.0 Wheat, straw 8.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 766/1218 Cattle, fat 0.1 Cattle, liver 1.5 Cattle, meat 0.1 Cattle, meat byproducts, except liver 0.2 Goat, fat 0.1 Goat, liver 1.5 Goat, meat 0.1 Goat, meat byproducts, except liver 0.2 Hog, fat 0.1 Hog, liver 1.5 Hog, meat 0.1 Hog, meat byproducts, except liver 0.2 Horse, fat 0.1 Horse, liver 0.1 Horse, meat 0.1 Horse, meat byproducts, except liver 0.2 Milk 0.1 Poultry, eggs 0.10 Poultry, fat 0.10 Poultry, meat 0.10 Poultry, meat byproducts 0.10 (2) Tolerances are established for combined residues of the fungicide pyraclostrobin carbamic acid, [2-[[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl]phenyl]methoxy-, methyl ester and its metabolites convertible to 1-(4-chlorophenyl)-1H-pyrazol-3-ol and 1-(4-chloro-2-hydroxyphenyl)-1H-pyrazol-3-ol, expressed as parent compound, in or on the following raw agricultural commodities. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 767/1218 Sheep, fat 0.1 Sheep, liver 1.5 Sheep, meat 0.1 Sheep, meat byproducts, except liver 0.2 Endive, belgium 11.0 12/31/13 [67 FR 60901, Sept. 27, 2002, as amended at 69 FR 63100, Oct. 29, 2004; 71 FR 17021, Apr. 5, 2006; 72 FR 54569, Sept. 26, 2007; 73 FR 15431, Mar. 24, 2008; 73 FR 21842, Apr. 23, 2008; 73 FR 44167, July 30, 2008; 74 FR 11499, Mar. 18, 2009; 74 FR 51496, Oct. 7, 2009; 75 FR 770, Jan. 6, 2010; 75 FR 42329, July 21, 2010; 75 FR 80346, Dec. 22, 2010; 76 FR 81396, Dec. 28, 2011; 78 FR 53046, Aug. 28, 2013; 80 FR 19238, Apr. 10, 2015; 83 FR 51862, Oct. 15, 2018] § 180.583 Triticonazole; tolerances for residues. Grain, cereal, forage, fodder and straw, group 16, except rice 0.10 Grain, cereal, group 15, except rice 0.01 (b) Section 18 emergency exemptions. A time-limited tolerance is established for combined residues of the fungicide pyraclostrobin, (carbamic acid, [2-[[[1-(4-chlorophenyl)-1H pyrazol-3-yl]oxy]methyl] phenyl]methoxy-, methyl ester) and its desmethoxy metabolite (methyl-N-[[[1-(4-chlorophenyl) pyrazol-3-yl]oxy]o-tolyl]carbamate) in connection with use of the pesticide under section 18 emergency exemptions granted by EPA. The time limited tolerance will expire and is revoked on the date speci�ed in the following table. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide triticonazole, (1RS)-(E)-5 [(4-chlorophenyl)methylene]-2,2-dimethyl-1-(1H-1,2,4-triazol-1-ylmethyl)cyclopentanol, from the treatment of seed prior to planting in or on raw agricultural commodities as follows: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] Commodity Parts per million Commodity Parts per million Expiration/revocation date Commodity Parts per million https://www.federalregister.gov/citation/67-FR-60901 https://www.federalregister.gov/citation/69-FR-63100 https://www.federalregister.gov/citation/71-FR-17021 https://www.federalregister.gov/citation/72-FR-54569 https://www.federalregister.gov/citation/73-FR-15431 https://www.federalregister.gov/citation/73-FR-21842 https://www.federalregister.gov/citation/73-FR-44167 https://www.federalregister.gov/citation/74-FR-11499 https://www.federalregister.gov/citation/74-FR-51496 https://www.federalregister.gov/citation/75-FR-770 https://www.federalregister.gov/citation/75-FR-42329 https://www.federalregister.gov/citation/75-FR-80346 https://www.federalregister.gov/citation/76-FR-81396 https://www.federalregister.gov/citation/78-FR-53046 https://www.federalregister.gov/citation/80-FR-19238 https://www.federalregister.gov/citation/83-FR-51862 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 768/1218 [67 FR 60959, Sept. 27, 2002, as amended at 75 FR 4288, Jan. 27, 2010] § 180.584 Tolyl�uanid; tolerances for residues. Apple 5.0 Grape 11 Hop, dried cones 30 Tomato 2.0 No U.S. registration as of August 31, 2002. [67 FR 60141, Sept. 25, 2002] § 180.585 Pyra�ufen-ethyl; tolerances for residues. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of tolyl�uanid, 1,1-dichloro-N [(dimethylamino)-sulfonyl]-1-�uoro-N-(4-methylphenyl)methanesulfenamide in or on the following commodities. 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide, pyra�ufen-ethyl, including its metabolites and degradates, in the commodities in the table below. Compliance with the plant commodity tolerance levels speci�ed in the table is to be determined by measuring only the sum of the parent pyra�ufen-ethyl, ethyl 2-[2-chloro-5 (4-chloro-5-di�uoromethoxy)-1-methyl-1H-pyrazol-3-yl]-4-�uorophenoxy] acetate, and its acid metabolite, E-1, 2-chloro-5-(4-chloro-5-di�uoromethoxy-1-methyl-1H-pyrazol-3-yl)-4 �uorophenoxyacetic acid, calculated as the stoichiometric equivalent of pyra�ufen-ethyl in or on the commodity. Compliance with the livestock commodity tolerance levels speci�ed in the table is to be determined by measuring only the sum of the parent pyra�ufen-ethyl, ethyl 2-[2-chloro-5-(4-chloro-5-di�uoromethoxy)-1-methyl-1H-pyrazol-3 yl]-4-�uorophenoxy] acetate and its acid metabolites: E-1, 2-chloro-5-(4-chloro-5 di�uoromethoxy-1-methyl-1H-pyrazol-3-yl)-4-�uorophenoxyacetic acid, and E-9, 2-chloro-5 (4-chloro-5-di�uoromethoxy-1H-pyrazol-3-yl)-4-�uorophenoxyacetic acid, both calculated as the stoichiometric equivalent of pyra�ufen-ethyl in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/67-FR-60959 https://www.federalregister.gov/citation/75-FR-4288 https://www.federalregister.gov/citation/67-FR-60141 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 769/1218 Almond, hulls 0.02 Cattle, fat 0.03 Cattle, meat 0.03 Cattle, meat byproducts 0.03 Corn, �eld, forage 0.01 Corn, �eld, grain 0.01 Corn, �eld, stover 0.01 Cotton, gin byproducts 1.5 Cottonseed subgroup 20C 0.04 Fruit, pome, group 11-10 0.01 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup Fruit, stone, group 12-12 0.01 Goat, fat 0.03 Goat, meat 0.03 Goat, meat byproducts 0.03 Grass, forage, group 17 1.0 Grass, hay, group 17 1.4 Hop, dried cones 0.02 Horse, fat 0.03 Horse, meat 0.03 Horse, meat byproducts 0.03 Milk 0.03 Nut, tree, group 14-12 0.01 Peanut 0.01 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 770/1218 Peanut, hay 0.07 Pomegranate 0.01 Sheep, fat 0.03 Sheep, meat 0.03 Sheep, meat byproducts 0.03 Soybean, forage 0.05 Soybean, hay 0.10 Soybean, seed 0.01 Tropical and subtropical, small fruit, edible peel, subgroup 23A 0.01 Vegetable, tuberous and corm, subgroup 1C 0.02 Wheat, forage 0.02 Wheat, grain 0.01 Wheat, hay 0.01 Wheat, straw 0.01 [68 FR 23055, Apr. 30, 2003, as amended at 68 FR 27739, May 21, 2003; 69 FR 26312, May 12, 2004; 73 FR 51743, Sept. 5, 2008; 76 FR 31484, June 11, 2011; 77 FR 75861, Dec. 26, 2012; 78 FR 13263, Feb. 27, 2013; 84 FR 48076, Sept. 12, 2019] § 180.586 Clothianidin; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide clothianidin, including its metabolites and degradates. Compliance with the tolerance levels speci�ed below is to be determined by measuring only clothianidin, (E)-N-[(2-Chloro-5-thiazolyl)methyl] N′ -methyl-N″ -nitroguanidine, in or on the following raw agricultural commodities: Commodity Parts per million https://www.federalregister.gov/citation/68-FR-23055 https://www.federalregister.gov/citation/68-FR-27739 https://www.federalregister.gov/citation/69-FR-26312 https://www.federalregister.gov/citation/73-FR-51743 https://www.federalregister.gov/citation/76-FR-31484 https://www.federalregister.gov/citation/77-FR-75861 https://www.federalregister.gov/citation/78-FR-13263 https://www.federalregister.gov/citation/84-FR-48076 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 771/1218 Almond, hulls 1.5 Beet, sugar, dried pulp 0.03 Beet, sugar, molasses 0.05 Beet, sugar, roots 0.02 Berry, low-growing, subgroup 13-07H, except strawberry 0.01 Canola, seed 0.01 Cotton, gin byproducts 4.5 Cotton, undelinted seed 0.20 Fig 0.05 Fruit, pome 1.0 Grain, cereal, forage, fodder and straw, group 16, except rice, forage 0.35 Grain, cereal, forage, fodder and straw, group 16, except rice, hay 0.07 Grain, cereal, forage, fodder and straw, group 16, except rice, stover 0.1 Grain, cereal, forage, fodder and straw, group 16, except rice, straw 0.05 Grain, cereal, group 15, except rice 0.01 Grape 0.60 Milk 0.01 Mustard, seed 0.01 Nut, tree, group 14 0.01 Peach 0.80 Pepper 0.80 CommodityCommodity Parts per million Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 772/1218 Persimmon 0.5 Pomegranate 0.20 Potato, chips 0.6 Potato, granules/�akes 1.5 Rice, grain 0.01 Soybean, seed 0.02 Tea, dried 70 Vegetable, brassica, leafy, group 5 1.9 Vegetable, bulb, group 3-07 0.45 Vegetable, cucurbit, group 9 0.06 Vegetable, fruiting, group 8, except pepper 0.20 Vegetable, leafy, except brassica, group 4 3.0 Vegetable, root, except sugar beet, subgroup 1B 0.8 Vegetable, tuberous and corm, subgroup 1C 0.3 No U.S. registrations. Rice, seed 0.01 6/23/12 1 1 1 (2) Time-limited tolerances are established for residues of the insecticide clothianidin, including its metabolites and degradates. Compliance with the tolerance levels speci�ed below is to be determined by measuring only clothianidin, (E)-1-(2-chloro 1,3-thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine, in or on the following raw agricultural commodity: (b) Section 18 emergency exemptions. A time-limited tolerance speci�ed in the following table is established for residues of clothianidin, (E)-N-[(2-chloro-5-thiazolyl)methyl]-N' methyl-N”-nitroguanidine, in or on the speci�ed agricultural commodity, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. This tolerance expires on the date speci�ed in the table. Commodity Parts per million Commodity Parts per million Expiration/revocation date 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 773/1218 Fruit, citrus, group 10-10 0.07 12/31/23 Rice, grain 0.5 12/31/24 Animal feed, nongrass, group 18 0.02 Grass, forage, fodder and hay, group 17 0.02 Soybean, forage 0.02 Soybean, hay 0.02 [74 FR 65028, Dec. 9, 2009, as amended at 76 FR 7718, Feb. 11, 2011; 76 FR 25246, May 4, 2011; 76 FR 34886, June 15, 2011; 77 FR 52252, Aug. 29, 2012; 78 FR 19136, Mar. 29, 2013; 80 FR 10007, Feb. 25, 2015; 82 FR 57151, Dec. 4, 2017; 84 FR 53336, Oct. 7, 2019; 84 FR 64777, Nov. 25, 2019; 86 FR 8704, Feb. 9, 2021] § 180.587 Famoxadone; tolerance for residues. Caneberry subgroup 13-07A 10 Cattle, fat 0.02 Cattle, liver 0.05 Cilantro, leaves 25 Goat, fat 0.02 (c) Tolerances with regional registrations. [Reserved] (d) Indirect and inadvertant residues. Tolerances are established for the indirect or inadvertent residues of the insecticide clothianidin, including its metabolites and degradates. Compliance with the tolerance levels speci�ed below is to be determined by measuring only clothianidin, (E)-1-(2-chloro-1,3-thiazol-5-ylmethyl)-3-methyl-2 nitroguanidine, in or on the following raw agricultural commodities when present therein as a result of the application of clothianidin to crops listed in paragraph (a) of this section: (a) General. Tolerances are established for residues of the fungicide famoxadone (3-anilino-5 methyl-5-(4-phenoxyphenyl)-1,3-oxazolidine-2,4-dione) in or on the following commodities: Commodity Parts per million Expiration/revocation date Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/74-FR-65028 https://www.federalregister.gov/citation/76-FR-7718 https://www.federalregister.gov/citation/76-FR-25246 https://www.federalregister.gov/citation/76-FR-34886 https://www.federalregister.gov/citation/77-FR-52252 https://www.federalregister.gov/citation/78-FR-19136 https://www.federalregister.gov/citation/80-FR-10007 https://www.federalregister.gov/citation/82-FR-57151 https://www.federalregister.gov/citation/84-FR-53336 https://www.federalregister.gov/citation/84-FR-64777 https://www.federalregister.gov/citation/86-FR-8704 https://www.ecfr.gov/current/title-40/section-180.586#p-180.586(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 774/1218 Goat, liver 0.05 Grape, raisin 4.0 Hop, dried cone 80 Horse, fat 0.02 Horse, liver 0.05 Milk, fat (re�ecting negligible residues in whole milk) 0.06 Onion, bulb, subgroup 3-07A 0.45 Onion, green, subgroup 3-07B 40 Potato 0.02 Sheep, fat 0.02 Sheep, liver 0.05 Spinach 50 Tomato 1.0 Vegetable, cucurbit, group 9 0.30 Vegetable, fruiting, group 8, except tomato 4.0 Vegetable, leafy, except Brassica, group 4, except spinach 25 There are no U.S. registrations as of May 15, 2003. Grape 2.5 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with a regional registrations. Tolerances with a regional registration as de�ned in § 180.1(l) are established for the residues of the fungicide famoxadone, 3-anilino-5 methyl-5-(4-phenoxyphenyl)-1,3-oxazolidine-2,4-dione) in or on the raw agricultural commodities: (d) Indirect or inadvertant residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 775/1218 [68 FR 39471, July 2, 2003, as amended at 72 FR 28881, May 23, 2007; 74 FR 9364, Mar. 4, 2009; 76 FR 34885, June 15, 2011] § 180.588 Quinoxyfen; tolerances for residues. Artichoke, globe 1.4 Berry, low growing, subgroup 13-07G 1.0 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.0 Fruit, stone, group 12 0.70 Hop, dried cones 3.0 Gourd, edible 0.20 Lettuce, head 7.0 Lettuce, leaf 19 Melon, subgroup 9A 0.08 Pumpkin 0.20 Squash, winter 0.20 Vegetable, fruiting, group 8-10 1.7 [68 FR 55858, Sept. 29, 2003, as amended at 70 FR 4032, Jan. 28, 2005; 71 FR 50354, Aug. 25, 2006; 74 FR 14743, Apr. 1, 2009; 78 FR 57280, Sept. 18, 2013] § 180.589 Boscalid; tolerances for residues. (a) General. Tolerances are established for residues of the fungicide quinoxyfen, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only quinoxyfen (5,7-dichloro-4-(4-�uorophenoxy)quinoline). (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million https://www.federalregister.gov/citation/68-FR-39471 https://www.federalregister.gov/citation/72-FR-28881 https://www.federalregister.gov/citation/74-FR-9364 https://www.federalregister.gov/citation/76-FR-34885 https://www.federalregister.gov/citation/68-FR-55858 https://www.federalregister.gov/citation/70-FR-4032 https://www.federalregister.gov/citation/71-FR-50354 https://www.federalregister.gov/citation/74-FR-14743 https://www.federalregister.gov/citation/78-FR-57280 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 776/1218 Alfalfa, forage 30.0 Alfalfa, hay 65.0 Almond, hulls 17 Apple, wet pomace 10 Artichoke, globe 6.0 Avocado 1.5 Banana, import 0.40 Berry, low growing, subgroup 13-07G, except cranberry 4.5 Brassica, leafy greens, subgroup 4-16B, except watercress 60 Bushberry subgroup 13-07B 13.0 Caneberry subgroup 13-07A 10.0 Canistel 1.5 Canola, re�ned oil 5.0 Celtuce 45 Citrus, dried pulp 4.5 Citrus, oil 85.0 Coffee, green bean, import 0.05 Cotton, gin byproducts 55.0 Dill, seed 100 Endive, Belgium 6.0 (1) Tolerances are established for residues of the fungicide boscalid, including its metabolites and degradates, in or on the commodities listed below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only boscalid, 3-pyridinecarboxamide, 2-chloro-N-(4′-chloro[1,1′-biphenyl]-2-yl), in or on the following raw agricultural commodities: 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 777/1218 Fennel, Florence 45 Fruit, citrus, group 10-10 2.0 Fruit, pome, group 11-10 3.0 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 5.0 Fruit, stone, group 12-12 3.5 Grain, aspirated fractions 3.0 Grape, raisin 8.5 Herb subgroup 19A 150 Hop, dried cones 35 Kohlrabi 6.0 Leaf petiole vegetable subgroup 22B 45 Leafy greens subgroup 4-16A 70 Mango 1.5 Nut, tree, group 14-12 0.70 Oilseed group 20 3.5 Papaya 1.5 Pea and bean, dried shelled, except soybean, subgroup 6C 2.5 Pea and bean, succulent shelled, subgroup 6B 0.60 Peanut 0.05 Peanut, meal 0.15 Peanut, re�ned oil 0.15 Peppermint, tops 30.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 778/1218 Persimmon 8.0 Sapodilla 1.5 Sapote, black 1.5 Sapote, mamey 1.5 Soybean, hulls 0.2 Soybean, seed 0.1 Soybean, vegetable 2.0 Spearmint, tops 30.0 Star apple 1.5 Tea, dried 70 Tea, instant 70 Vegetable, Brassica, head and stem, group 5-16 6.0 Vegetable, bulb, group 3-07 5.0 Vegetable, cucurbit, group 9 3.0 Vegetable, fruiting, group 8-10 3.0 Vegetable, legume, edible podded subgroup 6A 5.0 Vegetable, root, except sugar beet, subgroup 1B 2.0 Vegetable, tuberous and corm, subgroup 1C 0.05 There are no U.S. registrations for this commodity as of September 16, 2009. There are no U.S. registrations for these commodities as of August 13, 2021. 2 2 1 2 (2) Tolerances are established for residues of the fungicide boscalid, including its metabolites and degradates, in or on the commodities listed below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of boscalid, 3-pyridinecarboxamide, 2-chloro-N-(4′-chloro[1,1′-biphenyl]-2-yl), and metabolites 2-chloro-N-(4'-chloro-5-hydroxy-biphenyl-2-yl) nicotinamide and Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 779/1218 Cattle, fat 0.30 Cattle, meat 0.10 Cattle, meat byproducts 0.35 Egg 0.02 Goat, fat 0.30 Goat, meat 0.10 Goat, meat byproducts 0.35 Hog, fat 0.20 Hog, meat 0.05 Hog, meat byproducts 0.10 Horse, fat 0.30 Horse, meat 0.10 Horse, meat byproducts 0.35 Milk 0.10 Poultry, fat 0.20 Poultry, meat 0.05 Poultry, meat byproducts 0.20 Sheep, fat 0.30 Sheep, meat 0.10 Sheep, meat byproducts 0.35 glucuronic acid conjugate of 2-chloro-N-(4′-chloro-5-hydroxy-biphenyl-2-yl) nicotinamide, calculated as the stoichiometric equivalent of boscalid in or on the following food commodities: (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of the fungicide boscalid, including its metabolites and degradates, in connection with use of the pesticide under section 18 emergency exemptions granted by EPA. Compliance Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 780/1218 Endive, Belgian 16 12/31/13 Animal feed, nongrass, group 18, forage, except alfalfa 1.0 Animal feed, nongrass, group 18, hay, except alfalfa 2.0 Animal feed, nongrass, group 18, seed 0.05 Beet, sugar, roots 0.1 Grain, cereal, forage, fodder and straw, group 16, forage 2.0 Grain, cereal, forage, fodder and straw, group 16, stover 1.5 Grain, cereal, forage, fodder and straw, group 16, straw 3.0 Grain, cereal, group 15 0.20 Grass, forage, fodder, and hay, group 17, forage 2.0 Grass, forage, fodder, and hay, group 17, hay 8.0 Grass, forage, fodder, and hay, group 17, seed screenings 0.20 Grass, forage, fodder, and hay, group 17, straw 0.30 Rice, hulls 0.50 Vegetable, foliage of legume, group 7, forage 1.5 Vegetable, foliage of legume, group 7, hay 2.0 with the tolerance level speci�ed below is to be determined by measuring only boscalid, 3 pyridinecarboxamide, 2-chloro-N-(4′-chloro[1,1′-biphenyl]-2-yl). This tolerance will expire and is revoked on the date speci�ed in the following table: (c) Tolerances with regional registration. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the indirect or inadvertent residues of the fungicide boscalid, including its metabolites and degradates, in or on the commodities listed below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only boscalid, 3-pyridinecarboxamide, 2-chloro-N-(4′-chloro[1,1′ biphenyl]-2-yl), in or on the following commodities: Commodity Parts per million Expiration/revocation date Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 781/1218 Vegetable, foliage of legume, group 7, vines 0.05 Vegetable, leafy, except brassica, group 4, except celery, lettuce and spinach 1.0 Vegetable, leaves of root and tuber, group 2 0.1 [68 FR 44651, July 30, 2003, as amended at 69 FR 19774, Apr. 14, 2004; 70 FR 55293, Sept. 21, 2005; 71 FR 6364, Feb. 8, 2006; 71 FR 25961, May 3, 2006; 71 FR 76190, Dec. 20, 2006; 73 FR 16558, Mar. 28, 2008; 74 FR 47445, Sept. 16, 2009; 75 FR 770, Jan. 6, 2010; 75 FR 29907, May 28, 2010; 75 FR 80346, Dec. 22, 2010; 78 FR 67048, Nov. 8, 2013; 80 FR 14014, Mar. 18, 2015; 82 FR 56739, Nov. 30, 2017; 83 FR 52996, Oct. 19, 2018; 86 FR 44626, Aug. 13, 2021] § 180.590 2, 6-Diisopropylnaphthalene (2, 6-DIPN); tolerances for residues. Cattle, fat 0.2 Cattle, meat 0.02 Cattle, meat byproducts, except fat 0.02 Goat, fat 0.2 Goat, meat 0.02 Goat, meat byproducts, except fat 0.02 Horse, fat 0.2 Horse, meat 0.02 Horse, meat byproducts, except fat 0.02 Milk, fat 0.02 Potato, granules/�akes 5.5 Potato, wet peel 6.0 (a) General. Tolerances are established for residues of the growth inhibitor 2,6-DIPN, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only 2,6-Diisopropylnaphthalene. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/68-FR-44651 https://www.federalregister.gov/citation/69-FR-19774 https://www.federalregister.gov/citation/70-FR-55293 https://www.federalregister.gov/citation/71-FR-6364 https://www.federalregister.gov/citation/71-FR-25961 https://www.federalregister.gov/citation/71-FR-76190 https://www.federalregister.gov/citation/73-FR-16558 https://www.federalregister.gov/citation/74-FR-47445 https://www.federalregister.gov/citation/75-FR-770 https://www.federalregister.gov/citation/75-FR-29907 https://www.federalregister.gov/citation/75-FR-80346 https://www.federalregister.gov/citation/78-FR-67048 https://www.federalregister.gov/citation/80-FR-14014 https://www.federalregister.gov/citation/82-FR-56739 https://www.federalregister.gov/citation/83-FR-52996 https://www.federalregister.gov/citation/86-FR-44626 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 782/1218 Potato, whole 2.0 Sheep, fat 0.2 Sheep, meat 0.02 Sheep, meat byproducts, except fat 0.02 [71 FR 52011, Sept. 1, 2006, as amended at 74 FR 66579, Dec. 16, 2009; 77 FR 32406, June 1, 2012] § 180.591 Tri�oxysulfuron; tolerances for residues. Almond 0.02 Almond, hulls 0.01 Fruit, citrus, Group 10 0.03 Cotton, undelinted seed 0.05 Cotton, gin byproducts 1.0 Sugarcane 0.01 Tomato 0.01 [68 FR 54386, Sept. 17, 2003] § 180.592 Butafenacil; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide tri�oxysulfuron, N-[[(4,6 dimethoxy-2-pyrimidinyl)amino]carbonyl]-3-(2,2,2-tri�uoroethoxy)-2-pyridinesulfonamide in or on the following raw agricultural commodities. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/71-FR-52011 https://www.federalregister.gov/citation/74-FR-66579 https://www.federalregister.gov/citation/77-FR-32406 https://www.federalregister.gov/citation/68-FR-54386 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 783/1218 Cotton, gin byproducts 10 Cotton, undelinted seed 0.50 Cattle, kidney 0.05 Cattle, liver 0.50 Goat, kidney 0.05 Goat, liver 0.50 Hog, kidney 0.05 Hog, liver 0.50 Horse, kidney 0.05 Horse, liver 0.50 Sheep, kidney 0.05 Sheep, liver 0.50 [68 FR 54827, Sept. 19, 2003] (a) General. (1) Tolerances are established for residues of the herbicide butafenacil, (1,1-dimethyl-2 oxo-2-(2-propenyloxy)ethyl 2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4 (tri�uoromethyl)-1(2H)-pyrimidinyl] benzoate) in or on the following raw agricultural commodities: (2) Tolerances are established for residues of the herbicide butafenacil, (1,1-dimethyl-2 oxo-2-(2-propenyloxy)ethyl 2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4 (tri�uoromethyl)-1(2H)-pyrimidinyl] benzoate) and its metabolite CGA-293731 (1 carboxy-1-methylethyl 2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4 (tri�uoromethyl)-1(2H)-pyrimidinyl] benzoate), in or on the following livestock commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect and inadvertant residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/68-FR-54827 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 784/1218 § 180.593 Etoxazole; tolerances for residues. Almond, hulls 2.0 Apple, wet pomace 0.50 Avocado 0.20 Beet, sugar, leaves 1 Beet, sugar, roots 0.02 Berry, low growing, subgroup 13-07G 0.50 Caneberry subgroup 13-07A 1.5 Canistel 0.20 Cattle, fat 0.02 Cattle, liver 0.01 Cherry subgroup 12-12A 1.0 Corn, �eld, forage 0.80 Corn, �eld, grain 0.01 Corn, �eld, re�ned oil 0.03 Corn, �eld, stover 4.0 Corn, pop, grain 0.01 Corn, pop, stover 4.0 Corn, sweet, forage 1.5 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 5.0 (a) General. Tolerances are established for residues of etoxazole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only etoxazole (2-(2,6 di�uorophenyl)-4-[4-(1,1-dimethylethyl)-2-ethoxyphenyl]-4,5-dihydrooxazole) in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 785/1218 Cotton, gin byproducts 1.0 Cottonseed subgroup 20C 0.05 Fruit, pome, group 11-10 0.20 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.50 Goat, fat 0.02 Goat, liver 0.01 Grape, raisin 1.5 Hop, dried cones 7.0 Horse, fat 0.02 Horse, liver 0.01 Mango 0.20 Melon subgroup 9A 0.20 Milk, fat 0.01 Nut, tree group 14-12 0.01 Orange 0.10 Orange, oil 1.0 Papaya 0.20 Peach subgroup 12-12B 1.0 Pepper/eggplant subgroup 8-10B 0.20 Peppermint, oil 20 Peppermint, tops 10 Plum, prune, dried 0.30 Plum subgroup 12-12C 0.15 Sapodilla 0.20 2 2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 786/1218 Sapote, black 0.20 Sapote, mamey 0.20 Sheep, fat 0.02 Sheep, liver 0.01 Soybean, seed 0.02 Spearmint, oil 20 Spearmint, tops 10 Squash/cucumber subgroup 9B 0.02 Star apple 0.20 Tangerine 0.10 Tea, dried * 15 Tomato 0.20 There are no U.S. registrations for use of etoxazole on tangerines as of September 26, 2003. * There are currently no U.S. registrations for tea as of April 13, 2011. There are no U.S. registrations for orange and orange, oil as of December 2, 2015. [68 FR 55493, Sept. 26, 2003, as amended at 70 FR 41625, July 20, 2005; 72 FR 72963, Dec. 26, 2007; 74 FR 25160, May 27, 2009; 76 FR 20542, Apr. 13, 2011; 77 FR 3621, Jan. 25, 2012; 80 FR 75430, Dec. 2, 2015; 81 FR 49169, July 27, 2016; 83 FR 51867, Oct. 15, 2018; 84 FR 66630, Dec. 5, 2019] § 180.594 Thiacloprid; tolerances for residues. 1 1 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect and inadvertant residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide thiacloprid, including its metabolites and degradates in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only thiacloprid ([3-[(6-chloro-3-pyridinyl)methyl]-2-thiazolidinylidene] cyanamide) in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/68-FR-55493 https://www.federalregister.gov/citation/70-FR-41625 https://www.federalregister.gov/citation/72-FR-72963 https://www.federalregister.gov/citation/74-FR-25160 https://www.federalregister.gov/citation/76-FR-20542 https://www.federalregister.gov/citation/77-FR-3621 https://www.federalregister.gov/citation/80-FR-75430 https://www.federalregister.gov/citation/81-FR-49169 https://www.federalregister.gov/citation/83-FR-51867 https://www.federalregister.gov/citation/84-FR-66630 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 787/1218 Apple, wet pomace 0.60 Cattle, fat 0.020 Cattle, kidney 0.050 Cattle, liver 0.15 Cattle, meat 0.030 Cattle, meat byproducts 0.050 Cherry subgroup 12-12A 0.5 Cotton, gin byproducts 11.0 Cotton, undelinted seed 0.020 Fruit, pome, group 11 0.30 Goat, fat 0.020 Goat, kidney 0.050 Goat, liver 0.15 Goat, meat 0.030 Goat, meat byproducts 0.050 Horse, fat 0.020 Horse, kidney 0.050 Horse, liver 0.15 Horse, meat 0.030 Horse, meat byproducts 0.050 Milk 0.030 Peach subgroup 12-12B 0.5 Peach subgroup 12-12C 0.05 Pepper 1.0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CommodityCommodity Parts per millionParts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 788/1218 Sheep, fat 0.020 Sheep, kidney 0.050 Sheep, liver 0.15 Sheep, meat 0.030 Sheep, meat byproducts 0.050 There are no U.S. registrations for the commodity since August 6, 2014. [68 FR 55512, Sept. 26, 2003, as amended at 78 FR 8416, Feb. 6, 2013; 81 FR 34907, June 1, 2016] § 180.595 Flufenpyr-ethyl; tolerances for residues. Corn, �eld, grain 0.01 Soybean, seed 0.01 Sugarcane, cane 0.01 Corn, �eld, forage 0.05 1 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide, �ufenpyr-ethyl; acetic acid, [2-chloro-4-�uoro-5-[5-methyl-6-oxo-4-(tri�uoromethyl)-1-(6H)-pyridazinyl]-phenoxy] ethyl ester], in or on the following commodities: (2) Tolerances are established for residues of the herbicide �ufenpyr-ethyl; acetic acid, [2-chloro-4-�uoro-5-[5-methyl-6-oxo-4-(tri�uoromethyl)-1-(6H)-pyridazinyl]-phenoxy] ethyl ester], and its metabolite, S-3153 acid-4-OH; [2-chloro-4-hydroxy-5-[5-methyl-6 oxo-4-(tri�uoromethyl)-1-(6H)-pyridazinyl]-phenoxy]-acetic acid, free and conjugated, in or on the following commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/68-FR-55512 https://www.federalregister.gov/citation/78-FR-8416 https://www.federalregister.gov/citation/81-FR-34907 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 789/1218 Corn, �eld, stover 0.05 [68 FR 54842, Sept. 19, 2003] § 180.596 Fosthiazate; tolerances for residues. Tomato 0.02 [69 FR 18275, Apr. 7, 2004, as amended at 76 FR 23498, Apr. 27, 2011] § 180.597 Mesosulfuron-methyl; tolerances for residues. Cattle, meat byproducts 0.01 Goat, meat byproducts 0.01 Grain, aspirated fractions 0.60 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. A tolerance is established for residues of the insecticide fosthiazate, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only the sum of fosthiazate, O-ethyl S-(1-methylpropyl)(2-oxo-3 thiazolidinyl)phosphonothioate, and its metabolite, O-ethyl S-(1-methylpropyl)(2 (methylsulfonyl)ethyl)phosphoramidothioate, calculated as the stoichiometric equivalent of fosthiazate, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide mesosulfuron-methyl, (methyl 2-[[[[(4,6-dimethoxy-2-pyrimidinyl) amino]carbonyl]amino]sulfonyl] -4 [[(methylsulfonyl)amino] methyl]benzoate]) in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/68-FR-54842 https://www.federalregister.gov/citation/69-FR-18275 https://www.federalregister.gov/citation/76-FR-23498 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 790/1218 Horse, meat byproducts 0.01 Sheep, meat byproducts 0.01 Wheat, forage 0.60 Wheat, germ 0.10 Wheat, grain 0.03 Wheat, hay 0.06 Wheat, straw 0.30 [69 FR 18263, Apr. 7, 2004] § 180.598 Novaluron; tolerances for residues. Apple, wet pomace 8.0 Avocado 0.60 Bean, dry, seed 0.30 Bean, succulent 0.70 Berry, low growing, subgroup 13-07G, except lowbush blueberry 0.45 Brassica, leafy greens, subgroup 4-16B 25 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide novaluron, including its metabolites and degradates, in or on the following commodities. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only novaluron, (N-[[[3-chloro-4-[1,1,2-tri�uoro-2 (tri�uoromethoxy)ethoxy]phenyl]amino]carbonyl]-2,6-di�uorobenzamide), in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/69-FR-18263 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 791/1218 Bushberry subgroup 13-07B 7.0 Carrot 0.05 Cattle, fat 11 Cattle, kidney 1.0 Cattle, liver 1.0 Cattle, meat 0.60 Cattle, meat byproducts, except kidney and liver 11 Cherry subgroup 12-12A 8.0 Corn, sweet, forage 16 Corn, sweet, kernel plus cob with husks removed 0.05 Corn, sweet, stover 50 Cotton, gin byproducts 30 Cottonseed subgroup 20C 0.5 Egg 1.5 Food commodities and feed commodities (other than those covered by a higher tolerance as a result of use on growing crops) in food and feed handling establishments 0.01 Fruit, pome, group 11-10 3.0 Goat, fat 11 Goat, kidney 1.0 Goat, liver 1.0 Goat, meat 0.60 Goat, meat byproducts, except kidney and liver 11 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 792/1218 Grain, aspirated fractions 25 Hog, fat 1.5 Hog, kidney 0.10 Hog, liver 0.10 Hog, meat 0.07 Hog, meat byproducts, except kidney and liver 1.5 Horse, fat 11 Horse, kidney 1.0 Horse, liver 1.0 Horse, meat 0.60 Horse, meat byproducts, except kidney and liver 11 Kohlrabi 0.7 Milk 1.0 Milk, fat 20 Peach subgroup 12-12B 1.9 Peanut 0.01 Plum, prune, dried 3.0 Plum subgroup 12-12C 1.9 Poultry, fat 7.0 Poultry, kidney 0.80 Poultry, liver 0.80 Poultry, meat 0.40 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 793/1218 Poultry, meat byproducts, except kidney and liver 7.0 Sheep, fat 11 Sheep, kidney 1.0 Sheep, liver 1.0 Sheep, meat 0.60 Sheep, meat byproducts, except kidney and liver 11 Sorghum, grain, forage 6.0 Sorghum, grain, grain 3.0 Sorghum, grain, stover 40 Soybean, seed 0.07 Sugarcane, cane 0.50 Sun�ower subgroup 20B 0.07 Swiss chard 12 Tropical and subtropical, small fruit, inedible peel, subgroup 24A Vegetable, Brassica, head and stem, Group 5-16 0.7 Vegetable, cucurbit, group 9 0.20 Vegetable, fruiting, group 8-10 2 Vegetable, tuberous and corm, subgroup 1C 0.05 [69 FR 31021, June 2, 2004, as amended at 71 FR 17014, Apr. 5, 2006; 71 FR 61911, Oct. 20, 2006; 73 FR 74982, Dec. 10, 2008; 74 FR 637, Jan. 7, 2009; 74 FR 20891, May 6, 2009; 74 FR 65033, Dec. 9, 2009; 75 FR 4278, Jan. 27, 2010; 75 FR 29447, May 26, 2010; 76 FR 55814, Sept. 9, 2011; 78 FR 40033, July 3, 2013; 80 FR 43335, July 22, 2015; 85 FR 49264, Aug. 13, 2020] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertant residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/69-FR-31021 https://www.federalregister.gov/citation/71-FR-17014 https://www.federalregister.gov/citation/71-FR-61911 https://www.federalregister.gov/citation/73-FR-74982 https://www.federalregister.gov/citation/74-FR-637 https://www.federalregister.gov/citation/74-FR-20891 https://www.federalregister.gov/citation/74-FR-65033 https://www.federalregister.gov/citation/75-FR-4278 https://www.federalregister.gov/citation/75-FR-29447 https://www.federalregister.gov/citation/76-FR-55814 https://www.federalregister.gov/citation/78-FR-40033 https://www.federalregister.gov/citation/80-FR-43335 https://www.federalregister.gov/citation/85-FR-49264 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 794/1218 § 180.599 Acequinocyl; tolerances for residues. Table 1 to Paragraph (a) Almond, hulls 2.0 Apple, wet pomace 1.0 Avocado 0.50 Bean, dry, seed 0.15 Bean, edible podded 0.25 Bean, succulent shelled 0.30 Berry, low growing, subgroup 13-07G 0.50 Bushberry subgroup 13-07B 3 Caneberry subgroup 13-07A 4.0 Cattle, fat 0.02 Cattle, meat byproducts 0.02 Cherry, subgroup 12-12A 1.0 Citrus, oil 30 Cowpea, forage 6.0 Cowpea, hay 18 Fruit, citrus, group 10-10 0.35 Fruit, pome, group 11-10 0.40 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 1.6 (a) General. Tolerances are established for residues of acequinocyl, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of acequinocyl [2-(acetyloxy)-3-dodecyl-1,4-naphthalenedione] and its metabolite, 2-dodecyl 3-hydroxy-1,4-naphthoquinone, calculated as the stoichiometric equivalent of acequinocyl, in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 795/1218 Goat, fat 0.02 Goat, meat byproducts 0.02 Guava 0.90 Hop, dried cones 15 Horse, fat 0.02 Horse, meat byproducts 0.02 Nut, tree, group 14-12 0.02 Sheep, fat 0.02 Sheep, meat byproducts 0.02 Soybean, vegetable, succulent 0.25 Tea, plucked leaves 40 Tropical and subtropical, medium to large fruit, smooth, inedible peel subgroup 24B 4 Tropical and subtropical, small fruit, inedible peel, subgroup 24A 2.0 Vegetable, cucurbit, group 9 0.30 Vegetable, fruiting, group 8-10 0.70 There are no U.S. registrations as of January 18, 2017 for use on tea. [69 FR 43533, July 21, 2004, as amended at 73 FR 17910, Apr. 2, 2008; 75 FR 70148, Nov. 17, 2010; 77 FR 25909, May 2, 2012; 81 FR 21756, Apr. 13, 2016; 82 FR 5414, Jan. 18, 2017; 83 FR 26373, June 7, 2018; 85 FR 29340, May 15, 2020; 86 FR 48510, Aug. 31, 2021] ยง 180.600 Propoxycarbazone; tolerances for residues. 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million https://www.federalregister.gov/citation/69-FR-43533 https://www.federalregister.gov/citation/73-FR-17910 https://www.federalregister.gov/citation/75-FR-70148 https://www.federalregister.gov/citation/77-FR-25909 https://www.federalregister.gov/citation/81-FR-21756 https://www.federalregister.gov/citation/82-FR-5414 https://www.federalregister.gov/citation/83-FR-26373 https://www.federalregister.gov/citation/85-FR-29340 https://www.federalregister.gov/citation/86-FR-48510 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 796/1218 Grass, forage 20 Grass, hay 25 Wheat, forage 17 Wheat, grain 0.02 Wheat, hay 0.15 Wheat, straw 0.05 Cattle, meat 0.05 Cattle, meat byproducts 0.3 Goat, meat 0.05 Goat, meat byproducts 0.3 Horse, meat 0.05 Horse, meat byproducts 0.3 Milk 0.03 Sheep, meat 0.05 Sheep, meat byproducts 0.3 (1) Tolerances are established for combined residues of the herbicide propoxycarbazone methyl 2-[[[(4,5-dihydro-4-methyl-5-oxo-3-propoxy-1H-1,2,4-triazol 1-yl)carbonyl]amino]sulfonyl]benzoate and its metabolite methyl 2-[[[(4,5-dihydro-3 (2-hydroxypropoxy)-4-methyl-5-oxo-1H-1,2,4-triazol-1 yl)carbonyl]amino]sulfonyl]benzoate in/on the following raw agricultural commodities: (2) Tolerances are established for residues of the herbicide propoxycarbazone methyl 2 [[[(4,5-dihydro-4-methyl-5-oxo-3-propoxy-1H-1,2,4-triazol-1 yl)carbonyl]amino]sulfonyl]benzoate in/on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 797/1218 [69 FR 40781, July 7, 2004, as amended at 71 FR 52487, Sept. 6, 2006; 74 FR 9377, Mar. 4, 2009] § 180.601 Cyazofamid; tolerances for residues. Bean, succulent 0.5 Bean, succulent shelled 0.08 Brassica, leafy greens, subgroup 4-16B 15 Bulb vegetables, group3-07 2.0 Carrot, roots 0.09 Ginseng 0.3 Herb subgroup 19A 90 Hop dried cones 10.0 Kohlrabi 1.5 Leafy greens subgroup 4-16A 10 Vegetable, brassica, head and stem, group 5-16 1.5 Vegetable, cucurbit, group 9 0.10 Vegetable, fruiting, group 8-10 0.9 Vegetable, tuberous and corm, subgroup 1C 0.02 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide cyazofamid, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the sum of 4-chloro-2-cyano-N,N-dimethyl-5-(4-methylphenyl)-1H-imidazole-1 sulfonamide and its metabolite, 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-carbonitrile, calculated as the stoichiometric equivalent of cyazofamid, in or on the following commodities: (b) [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations are established for residues of the fungicide cyazofamid, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the Commodity Parts per million https://www.federalregister.gov/citation/69-FR-40781 https://www.federalregister.gov/citation/71-FR-52487 https://www.federalregister.gov/citation/74-FR-9377 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 798/1218 Grape 1.5 [69 FR 58299, Sept. 30, 2004, as amended at 73 FR 21839, Apr. 23, 2008; 74 FR 32453, July 8, 2009; 75 FR 40751, July 14, 2010; 77 FR 4252, Jan. 27, 2012; 77 FR 59119, Sept. 26, 2012; 81 FR 5605, Feb. 3, 2016; 85 FR 15391, Mar. 18, 2020] § 180.602 Spiroxamine; tolerances for residues. Artichoke, globe, import 0.7 Asparagus 0.05 Banana (import) 3.0 Grape (import) 1.0 Vegetable, fruiting , crop group 8 1.2 No U.S. registration as of December 1, 2010. [69 FR 42570, July 16, 2004, as amended at 75 FR 74640, Dec. 1, 2010; 80 FR 72599, Nov. 20, 2015] § 180.603 Dinotefuran; tolerances for residues. sum of 4-chloro-2-cyano-N,N-dimethyl-5-(4-methylphenyl)-1H-imidazole-1-sulfonamide and its metabolite, 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-carbonitrile, calculated as the stoichiometric equivalent of cyazofamid, in or on the following commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide spiroxamine, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only spiroxamine, [(8-(1,1-dimethylethyl)-N-ethyl-N-propyl-1,4-dioxaspiro[4,5]decane-2 methanamine) in or on the commodities. 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/69-FR-58299 https://www.federalregister.gov/citation/73-FR-21839 https://www.federalregister.gov/citation/74-FR-32453 https://www.federalregister.gov/citation/75-FR-40751 https://www.federalregister.gov/citation/77-FR-4252 https://www.federalregister.gov/citation/77-FR-59119 https://www.federalregister.gov/citation/81-FR-5605 https://www.federalregister.gov/citation/85-FR-15391 https://www.federalregister.gov/citation/69-FR-42570 https://www.federalregister.gov/citation/75-FR-74640 https://www.federalregister.gov/citation/80-FR-72599 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 799/1218 Berry, low growing, except strawberry, subgroup 13-07H 0.2 Brassica, head and stem, subgroup 5A 1.4 Brassica, leafy greens, subgroup 5B 15.0 Cotton, undelinted seed 0.4 Cotton, gin byproducts 8.0 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.9 Grape, raisin 2.5 Onion, bulb, subgroup 3-07A 0.15 Onion, green, subgroup 3-07B 5.0 Peach 1.0 Persimmon 2 Potato, chips 0.1 Potato, granules/�akes 0.15 Rice, grain 9.0 Tea, dried 50 Tomato, paste 1.0 Turnip, greens 15.0 Vegetable, fruiting, group 8 0.7 Vegetable, cucurbit, group 9 0.5 (1) Tolerances are established for residues of dinotefuran, (RS)-1-methyl-2-nitro-3 ((tetrahydro-3-furanyl)methyl)guanidine, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of dinotefuran and its metabolites DN, 1-methyl-3-(tetrahydro-3-furylmethyl)guanidine, and UF, 1 methyl-3-(tetrahydro-3-furylmethyl)urea, calculated as the stoichiometric equivalent of dinotefuran, in or on the commodities listed in the table below: 1 2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 800/1218 Vegetable, leafy, except Brassica, group 4 5.0 Vegetable, tuberous and corm, subgroup 1C 0.05 Watercress 8.0 There are no U.S. registrations for use of dinotefuran on this commodity There are no U.S. registrations for tea. Cattle, fat 0.05 Cattle, meat 0.05 Cattle, meat byproducts 0.05 Egg 0.01 Goat, fat 0.05 Goat, meat 0.05 Goat, meat byproducts 0.05 Hog, fat 0.05 Hog, meat 0.05 Hog, meat byproducts 0.05 Horse, fat 0.05 Horse, meat 0.05 Horse, meat byproducts 0.05 1 2 (2) Tolerances are established for residues of dinotefuran, (RS)-1-methyl-2-nitro-3 ((tetrahydro-3-furanyl)methyl)guanidine, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of dinotefuran, (RS)-1-methyl-2-nitro-3-((tetrahydro-3-furanyl)methyl)guanidine in or on the commodities listed in the table below: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 801/1218 Milk 0.05 Poultry, meat byproducts 0.01 Sheep, fat 0.05 Sheep, meat 0.05 Sheep, meat byproducts 0.05 Fruit, pome, Group 11 2.0 12/31/21 Fruit, stone, Group 12 2.0 12/31/21 Kiwifruit, fuzzy 0.9 12/31/2022 [70 FR 14546, Mar. 23, 2005, as amended at 74 FR 12601, Mar. 25, 2009; 74 FR 67104, Dec. 18, 2009; 75 FR 770, Jan. 6, 2010; 77 FR 56138, Sept. 12, 2012; 77 FR 67285, Nov. 9, 2012; 77 FR 70913, Nov. 28, 2012; 78 FR 21272, Apr. 10, 2013; 78 FR 24683, Apr. 26, 2013; 79 FR 3512, Jan. 22, 2014; 80 FR 78145, Dec. 16, 2015; 83 FR 62732, Dec. 6, 2018; 84 FR 49479, Sept. 20, 2019; 84 FR 59936, Nov. 7, 2019] (3) A tolerance of 0.01 parts per million is established for residues of the insecticide dinotefuran, (RS)-1-methyl-2-nitro-3-((tetrahydro-3-furanyl)methyl)guanidine, including its metabolites and degradates, in or on all food and/or feed commodities (other than those covered by a higher tolerance as a result of use on growing crops or inadvertent residues) when residues result from application of dinotefuran in food and/or feed handling establishments where food and/or feed products are held, stored, processed, prepared, or served. Compliance with the tolerance level is to be determined by measuring only dinotefuran. (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of dinotefuran, (RS)-1-methyl-2-nitro-3-((tetrahydro-3-furanyl)methyl)guanidine, including its metabolites and degradates, in or on the commodities in the table below resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of dinotefuran and its metabolites DN, 1-methyl-3-(tetrahydro-3-furylmethyl)guanidine, and UF, 1-methyl-3-(tetrahydro-3-furylmethyl)urea, calculated as the stoichiometric equivalent of dinotefuran, in or on the commodities listed in the table below. The tolerances expire and are revoked on the dates speci�ed in the table. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million Expiration/ revocation date https://www.federalregister.gov/citation/70-FR-14546 https://www.federalregister.gov/citation/74-FR-12601 https://www.federalregister.gov/citation/74-FR-67104 https://www.federalregister.gov/citation/75-FR-770 https://www.federalregister.gov/citation/77-FR-56138 https://www.federalregister.gov/citation/77-FR-67285 https://www.federalregister.gov/citation/77-FR-70913 https://www.federalregister.gov/citation/78-FR-21272 https://www.federalregister.gov/citation/78-FR-24683 https://www.federalregister.gov/citation/79-FR-3512 https://www.federalregister.gov/citation/80-FR-78145 https://www.federalregister.gov/citation/83-FR-62732 https://www.federalregister.gov/citation/84-FR-49479 https://www.federalregister.gov/citation/84-FR-59936 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 802/1218 § 180.604 Mepanipyrim; tolerances for residues. Grape 1.5 Grape, raisin 3.0 Strawberry 1.5 Tomato 0.5 [68 FR 60827, Oct. 13, 2004] § 180.605 Penoxsulam; tolerances for residues. Almond, hulls 0.01 Artichoke, globe 0.01 Fish 0.01 Fish, shell�sh, crustacean 0.01 Fish, shell�sh, mollusc 0.02 (a) General. [Reserved] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect of inadvertent residues. [Reserved] (e) Revoked tolerances subject to the channel of trade provisions. [Reserved] (f) Import tolerances. Tolerances are established for the combined residues of mepanipyrim, 4-methyl-N-phenyl-6-(1-propynyl)-2-pyrimidinamine, and its metabolite, 4-methyl-N-phenyl 6-(2-hydroxypropylk)-2-pyrimidinamine, both free and conjugated in or on the following commodities: (a) General. Tolerances are established for residues of penoxsulam, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only penoxsulam 2 (2,2-di�uoroethoxy)-N-(5,8-dimethoxy[1,2,4]triazolo[1,5-c] pyrimidin-2-yl)-6 (tri�uoromethyl) benzenesulfonamide, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/68-FR-60827 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 803/1218 Fruit, pome, group 11-10 0.01 Fruit, small, vine climbing, subgroup 13-07F, except fuzzy kiwifruit 0.01 Fruit, stone, group 12-12 0.01 Nut, tree, group 14-12 0.01 Olive 0.01 Pomegranate 0.01 Rice, grain 0.02 [69 FR 57197, Sept. 24, 2004, as amended at 72 FR 40763, July 25, 2007; 74 FR 18648, Apr. 24, 2009; 80 FR 72599, Nov. 20, 2015; 81 FR 10776, Mar. 2, 2016; 85 FR 13552, Mar. 9, 2020] § 180.607 Spiromesifen; tolerances for residues. Bean, dry 0.02 Bean, edible podded 0.80 Bean, succulent 0.10 Berry and small fruit, low growing berry, subgroup 13 07G 2.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide/miticide spiromesifen, including its metabolites and degradates, in or on the commodities listed below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of spiromesifen [2-oxo-3-(2,4,6-trimethylphenyl)-1 oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate] and 4-hydroxy-3-(2,4,6 trimethylphenyl)-1-oxaspiro[4.4]non-3-en-2-one, calculated as the stoichiometric equivalent of spiromesifen, in or on the following primary crop commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/69-FR-57197 https://www.federalregister.gov/citation/72-FR-40763 https://www.federalregister.gov/citation/74-FR-18648 https://www.federalregister.gov/citation/80-FR-72599 https://www.federalregister.gov/citation/81-FR-10776 https://www.federalregister.gov/citation/85-FR-13552 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 804/1218 Brassica, head and stem, subgroup 5A 2.0 Brassica, leafy greens, subgroup 5B 12 Coffee, green bean 0.20 Corn, �eld, forage 5.0 Corn, �eld, grain 0.02 Corn, �eld, stover 8.0 Corn, pop, grain 0.02 Corn, pop, stover 4.0 Corn, sweet, forage 17 Corn, sweet, kernel plus cob with husks removed 0.02 Corn, sweet, stover 12 Cotton, gin byproducts 15 Cotton, undelinted seed 0.50 Cowpea, forage 30 Cowpea, hay 86 Leaf petiole subgroup 4B 6.0 Leafy greens subgroup 4A 12 Pea, dry, seed 0.20 Peppermint, tops 45 Spearmint, tops 45 Tea, dry 40 Tomato, paste 0.80 Vegetable, cucurbit, group 9 0.10 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 805/1218 Vegetable, fruiting, group 8 0.45 Vegetable, tuberous and corm, subgroup 1C 0.02 This use has not been registered in the United States as of August 28, 2018. Cattle, fat 0.10 Cattle, meat 0.02 Cattle, meat byproducts 0.20 Goat, fat 0.10 Goat, meat 0.02 Goat, meat byproducts 0.20 Horse, fat 0.10 Horse, meat 0.02 Horse, meat byproducts 0.20 Milk 0.01 Milk, fat 0.25 Sheep, fat 0.10 Sheep, meat 0.02 Sheep, meat byproducts 0.20 1 (2) Tolerances are established for residues of the insecticide/miticide spiromesifen, including its metabolites and degradates, in or on the commodities listed below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of spiromesifen [2-oxo-3-(2,4,6-trimethylphenyl)-1 oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate] and its metabolites containing the 4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-2-one and 4-hydroxy-3-[4 (hydroxymethyl)-2,6-dimethylphenyl]-1-oxaspiro[4.4]non-3-en-2-one moieties, calculated as the stoichiometric equivalent of spiromesifen, in the following livestock commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 806/1218 Soybean, forage 30 12/31/14 Soybean, hay 86 12/31/14 Soybean, seed 0.02 12/31/14 Alfalfa, forage 1.5 Alfalfa, hay 3.0 Barley, grain 0.03 Barley, hay 0.25 Barley, straw 0.15 Beet, sugar, roots 0.03 Beet, sugar, tops 0.20 Oat, forage 0.20 (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the following table are established for residues of the insecticide/miticide spiromesifen, including its metabolites and degradates, in or on the commodities listed below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of spiromesifen [2-oxo-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-4-yl 3,3 dimethylbutanoate] and 4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-2-one, calculated as the stoichiometric equivalent of spiromesifen, in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. The tolerances expire and are revoked on the date speci�ed in the table. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the inadvertent or indirect residues of the insecticide/miticide spiromesifen, including its metabolites and degradates, in or on the commodities listed below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of spiromesifen [2-oxo-3 (2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate], 4-hydroxy-3 (2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-2-one, and its metabolites containing the 4-hydroxy-3-[4-(hydroxymethyl)-2,6-dimethylphenyl]-1-oxaspiro[4.4]non-3-en-2-one moiety, calculated as the stoichiometric equivalent of spiromesifen, in the following rotational crop commodities: Commodity Parts per million Expiration/revocation date Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 807/1218 Oat, grain 0.03 Oat, hay 0.25 Oat, straw 0.25 Vegetable, bulb, group 3-07 0.09 Wheat, forage 0.20 Wheat, grain 0.03 Wheat, hay 0.15 Wheat, straw 0.25 [70 FR 43283, July 27, 2005, as amended at 72 FR 3079, Jan. 24, 2007; 73 FR 13140, Mar. 12, 2008; 73 FR 52606, Sept. 10, 2008; 74 FR 8492, Feb. 25, 2009; 74 FR 15886, Apr. 8, 2009; 75 FR 5526, Feb. 3, 2010; 75 FR 53586, Sept. 1, 2010; 76 FR 81396, Dec. 28, 2011; 78 FR 3337, Jan. 16, 2013; 83 FR 45849, Sept. 11, 2018] ยง 180.608 Spirodiclofen; tolerances for residues. Almond, hulls 20.0 Apple, wet pomace 2.4 Avocado 1.0 Black sapote 1.0 Canistel 1.0 Citrus, juice 0.60 Citrus, oil 35 (a) General. (1) Tolerances are established for residues of spirodiclofen, including its metabolites and degradates, in or on the commodities listed below. Compliance with the following tolerance levels is to be determined by measuring only spirodiclofen (3 (2,4-dichlorophenyl)-2-oxo-1-oxaspiro[4.5]dec-3-en-4-yl 2,2-dimethylbutanoate). Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/70-FR-43283 https://www.federalregister.gov/citation/72-FR-3079 https://www.federalregister.gov/citation/73-FR-13140 https://www.federalregister.gov/citation/73-FR-52606 https://www.federalregister.gov/citation/74-FR-8492 https://www.federalregister.gov/citation/74-FR-15886 https://www.federalregister.gov/citation/75-FR-5526 https://www.federalregister.gov/citation/75-FR-53586 https://www.federalregister.gov/citation/76-FR-81396 https://www.federalregister.gov/citation/78-FR-3337 https://www.federalregister.gov/citation/83-FR-45849 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 808/1218 Fruit, citrus, group 10 0.50 Fruit, pome, group 11 0.80 Fruit, stone, group 12 1.0 Grape 2.0 Grape, raisin 6.0 Hop, dried cones 30 Mamey sapote 1.0 Mango 1.0 Nut, tree, group 14 0.10 Papaya 1.0 Pistachio 0.10 Sapodilla 1.0 Star apple 1.0 Cattle, fat 0.02 Cattle, meat byproducts 0.10 Cattle, meat 0.02 Goat, fat 0.02 Goat, meat byproducts 0.1 Goat, meat 0.02 (2) Tolerances are established for residues of spirodiclofen, including its metabolites and degradates, in or on the commodities listed below. Compliance with the following tolerance levels is to be determined by measuring only spirodiclofen (3 (2,4-dichlorophenyl)-2-oxo-1-oxaspiro[4.5]dec-3-en-4-yl 2,2-dimethylbutanoate) and its metabolite 3-(2,4-dichlorophenyl)-4-hydroxy-1-oxaspiro[4,5] dec-3-en-2-one, calculated as the stoichiometric equivalent of spirodiclofen. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 809/1218 Horse, fat 0.02 Horse, meat byproducts 0.1 Horse, meat 0.02 Milk 0.01 Milk, fat 0.03 Sheep, fat 0.02 Sheep. meat byproducts 0.1 Sheep. meat 0.02 [70 FR 40211, July 13, 2005, as amended at 73 FR 25539, May 7, 2008; 75 FR 24434, May 5, 2010; 77 FR 73939, Dec. 12, 2012; 79 FR 33464, June 11, 2014] § 180.609 Fluoxastrobin; tolerances for residues. Avocado 1.0 Barley, grain 0.40 Barley, hay 15 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of �uoxastrobin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �uoxastrobin, (1E)-[2-[[6-(2-chlorophenoxy)-5-�uoro-4-pyrimidinyl]oxy]phenyl](5,6-dihydro-1,4,2 dioxazin-3-yl)methanone O-methyloxime and its Z isomer, (1Z)-[2-[[6-(2 chlorophenoxy)-5-�uoro-4-pyrimidinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3 yl)methanone O-methyloxime, calculated as the stoichiometric equivalent of �uoxastrobin. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/70-FR-40211 https://www.federalregister.gov/citation/73-FR-25539 https://www.federalregister.gov/citation/75-FR-24434 https://www.federalregister.gov/citation/77-FR-73939 https://www.federalregister.gov/citation/79-FR-33464 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 810/1218 Barley, straw 15 Berry, low growing, subgroup 13-07G 1.9 Corn, �eld, forage 3.0 Corn, �eld, grain 0.02 Corn, �eld, stover 4.5 Corn, sweet, forage 13 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 10 Cotton, gin byproducts 0.01 Cotton, undelinted seed 0.01 Grain, aspirated grain fractions 60 Leaf petioles subgroup 4B 4.0 Melon subgroup 9A 1.5 Pea and bean, dried shelled, except soybean, subgroup 6C 0.20 Peanut 0.02 Peanut, hay 20.0 Peanut, re�ned oil 0.06 Rapeseed, subgroup 20A 0.70 Rice, grain 4.0 Sorghum, grain, forage 5.0 Sorghum, grain, grain 1.5 Sorghum, grain, stover 5.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 811/1218 Soybean, forage 9.0 Soybean, hay 1.2 Soybean, hulls 0.20 Soybean, seed 0.05 Squash/cucumber subgroup 9B 0.50 Tomato, paste 1.5 Vegetable, fruiting, group 8 1.0 Vegetable, tuberous and corm, subgroup 1C 0.010 Wheat, forage 7.0 Wheat, grain 0.15 Wheat, hay 17 Wheat, straw 11 Cattle, fat 0.10 Cattle, meat 0.05 Cattle, meat byproducts 0.20 Goat, fat 0.10 Goat, meat 0.05 (2) Tolerances are established for residues of �uoxastrobin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �uoxastrobin, (1E)-[2-[[6-(2-chlorophenoxy)-5-�uoro-4-pyrimidinyl]oxy]phenyl](5,6-dihydro-1,4,2 dioxazin-3-yl)methanone O-methyloxime, its Z isomer, (1Z)-[2-[[6-(2 chlorophenoxy)-5-�uoro-4-pyrimidinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3 yl)methanone O-methyloxime, and its phenoxy-hydroxypyrimidine, 6-(2 chlorophenoxy)-5-�uoro-4-pyrimidinol, calculated as the stoichiometric equivalent of �uoxastrobin. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 812/1218 Goat, meat byproducts 0.20 Hog, fat 0.03 Hog, meat byproducts 0.06 Horse, fat 0.10 Horse, meat 0.05 Horse, meat byproducts 0.20 Milk 0.03 Milk, fat 0.75 Poultry, liver 0.06 Sheep, fat 0.10 Sheep, meat 0.05 Sheep, meat byproducts 0.20 Alfalfa, forage 0.050 Alfalfa, hay 0.10 Cotton, gin byproducts 0.020 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the indirect or inadvertent residues of �uoxastrobin, including its metabolites and degradates, in or on the commodities in the table below, when present therein as a result of the application of �uoxastrobin to the growing crops listed in paragraph (a)(1) of this section. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �uoxastrobin, (1E)-[2-[[6-(2-chlorophenoxy)-5-�uoro-4-pyrimidinyl]oxy]phenyl](5,6-dihydro 1,4,2-dioxazin-3-yl)methanone O-methyloxime and its Z isomer, (1Z)-[2-[[6-(2 chlorophenoxy)-5-�uoro-4-pyrimidinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3 yl)methanone O-methyloxime, calculated as the stoichiometric equivalent of �uoxastrobin. Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.609#p-180.609(a)(1) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 813/1218 Grain, cereal, forage, fodder, and straw, group 16, except corn 0.10 Grass, forage 0.10 Grass, hay 0.50 Vegetable, foliage of legume, group 7 0.050 [74 FR 67113, Dec. 18, 2009, as amended at 75 FR 60333, Sept. 30, 2010; 76 FR 50898, Aug. 17, 2011; 77 FR 26471, May 4, 2012; 77 FR 64915, Oct. 24, 2012; 79 FR 20105, Apr. 11, 2014; 79 FR 59119, Oct. 1, 2014; 82 FR 45735, Oct. 2, 2017; 84 FR 38143, Aug. 6, 2019] § 180.610 Aminopyralid; tolerances for residues. Corn, �eld, forage 0.30 Corn, �eld, grain 0.20 Corn, �eld, stover 0.20 Grain, aspirated fractions 0.2 Grass, forage 25 Grass, hay 50 Wheat, bran 0.1 Wheat, forage 2.0 Wheat, grain 0.04 Wheat, hay 4.0 Wheat, straw 0.25 (a) General. (1) Tolerances are established for residues of the herbicide aminopyralid, 4-amino-3,6 dichloro-2-pyridinecarboxylic acid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only free and conjugated aminopyralid. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/74-FR-67113 https://www.federalregister.gov/citation/75-FR-60333 https://www.federalregister.gov/citation/76-FR-50898 https://www.federalregister.gov/citation/77-FR-26471 https://www.federalregister.gov/citation/77-FR-64915 https://www.federalregister.gov/citation/79-FR-20105 https://www.federalregister.gov/citation/79-FR-59119 https://www.federalregister.gov/citation/82-FR-45735 https://www.federalregister.gov/citation/84-FR-38143 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 814/1218 Cattle, fat 0.02 Cattle, kidney 0.3 Cattle, meat 0.02 Cattle, meat byproducts, except kidney 0.02 Goat, fat 0.02 Goat, kidney 0.3 Goat, meat 0.02 Goat, meat byproducts, except kidney 0.02 Horse, fat 0.02 Horse, kidney 0.3 Horse, meat 0.02 Horse, meat byproducts, except kidney 0.02 Milk 0.03 Sheep, fat 0.02 Sheep, kidney 0.3 Sheep, meat 0.02 Sheep, meat byproducts, except kidney 0.02 [70 FR 46428, Aug. 10, 2005, as amended at 75 FR 17584, Apr. 7, 2010] (2) Tolerances are established for residues of the herbicide aminopyralid, 4-amino-3,6 dichloro-2-pyridinecarboxylic acid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only aminopyralid. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/70-FR-46428 https://www.federalregister.gov/citation/75-FR-17584 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 815/1218 ยง 180.611 Pinoxaden; tolerances for residues. Barley, bran 1.6 Barley, grain 0.9 Barley, hay 1.5 Barley, straw 1.0 Egg 0.06 Poultry, fat 0.06 Poultry, meat 0.06 Poultry, meat byproducts 0.06 Wheat, bran 3.0 Wheat, forage 3.5 Wheat, grain 1.3 Wheat, hay 2.0 Wheat, straw 1.5 (a) General. (1) Tolerances are established for the combined residues of pinoxaden (8-(2,6-diethyl-4 methylphenyl)-1,2,4,5-tetrahydro-7-oxo-7H-pyrazolo[1,2-d][1,4,5] oxadiazepin-9-yl 2,2 dimethylpropanoate), and its metabolites 8-(2,6-diethyl-4-methyl-phenyl)-tetrahydro pyrazolo[1,2-d][1,4,5]oxadiazepine-7,9-dione (M2), and free and conjugated forms of 8-(2,6-diethyl-4-hydroxymethyl-phenyl)-tetrahydro-pyrazolo[1,2-d][1,4,5] oxadiazepine 7,9-dione (M4), and 4-(7,9-dioxo-hexahydro-pyrazolo[1,2-d] [1,4,5]oxadiazepin-8 yl)-3,5-diethyl-benzoic acid (M6), calculated as pinoxaden, in/on the following commodities: (2) For the combined residues of pinoxaden, 8-(2,6-diethyl-4-methylphenyl)-1,2,4,5 tetrahydro-7-oxo-7H-pyrazolo[1,2-d][1,4,5] oxadiazepin-9-yl 2,2-dimethylpropanoate), and its metabolites M2, 8-(2,6-diethyl-4-methyl-phenyl)-tetrahydro-pyrazolo[1,2-d] [1,4,5]oxadiazepine-7,9-dione, and free and conjugated forms of M4, 8-(2,6-diethyl-4 hydroxymethyl-phenyl)-tetrahydro-pyrazolo[1,2-d][1,4,5] oxadiazepine-7,9-dione, calculated as pinoxaden, in/on the following commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 816/1218 Cattle, fat 0.04 Cattle, meat 0.04 Cattle, meat byproducts 0.04 Milk 0.02 [70 FR 43322, July 27, 2005] § 180.612 Topramezone; tolerances for residues. Cattle, meat byproducts 0.80 Corn, �eld, forage 0.05 Corn, �eld, grain 0.01 Corn, �eld, stover 0.05 Corn, pop, grain 0.01 Corn, pop, stover 0.05 Corn, sweet, forage 0.05 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 0.05 Fish-freshwater �n�sh 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide topramezone, including its metabolites and degradates, in or on the following commodities. Compliance with the following tolerance levels is to be determined by measuring only topramezone ([3-(4,5 dihydro-3-isoxazolyl)-2-methyl-4-(methylsulfonyl)phenyl](5-hydroxy-1-methyl-1H-pyrazol-4 yl)methanone) in or on the following commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/70-FR-43322 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 817/1218 Fish-saltwater �n�sh 0.05 Fish-shell�sh, crustacean 0.05 Fish-shell�sh, mollusk 0.05 Goat, meat byproducts 0.80 Hog, meat byproducts 0.40 Horse, meat byproducts 0.80 Poultry, meat byproducts 0.02 Sheep, meat byproducts 0.80 Sugarcane, cane 0.01 [78 FR 48074, Aug. 7, 2013, as amended at 82 FR 35120, July 28, 2017] § 180.613 Flonicamid; tolerances for residues. Alfalfa, forage 10.0 Alfalfa, hay 1.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for the residues of the insecticide �onicamid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of �onicamid, N-(cyanomethyl)-4-(tri�uoromethyl)-3 pyridinecarboxamide, and its metabolites, TFNA (4-tri�uoromethylnicotinic acid), TFNA-AM (4-tri�uoromethylnicotinamide), and TFNG, N-(4 tri�uoromethylnicotinoyl)glycine, calculated as the stoichiometric equivalent of �onicamid, in or on the following commodities. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/78-FR-48074 https://www.federalregister.gov/citation/82-FR-35120 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 818/1218 Alfalfa, seed 1.5 Almond, hulls 9.0 Berry, low growing, subgroup 13-07G 1.5 Brassica, leafy greens, subgroup 4-16B, except radish, tops 16 Celtuce 4.0 Cotton, gin byproducts 6.0 Cotton, hulls 2.0 Cotton, meal 1.0 Cottonseed subgroup 20C 0.60 Florence fennel 4.0 Fruit, citrus, group 10-10 1.5 Fruit, pome, group 11-10 0.20 Fruit, stone, group 12-12 0.60 Hop, dried cones 20.0 Kohlrabi 1.5 Leaf petiole vegetable subgroup 22B 4.0 Leafy greens subgroup 4-16A, except spinach 8 Nut, tree, group 14-12 except pistachio 0.15 Pea and bean, dried shelled, except soybean, subgroup 6C 3.0 Pea and bean, succulent shelled, subgroup 6B 7.0 Pepper/Eggplant, subgroup 8-10B 3.0 Peppermint, tops 7.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 819/1218 Pistachio 0.60 Potato, granules/�akes 0.40 Radish, tops 20 Rapeseed subgroup 20A 1.5 Spearmint, tops 7.0 Spinach 9.0 Sun�ower subgroup 20B 0.70 Tea 40 Tomato, paste 2.0 Tomato, puree 0.50 Tomato subgroup 8-10A 0.4 Vegetable, brassica, head and stem, group 5-16 1.5 Vegetable, cucurbit, group 9 1.5 Vegetable, legume, edible podded, subgroup 6A 4.0 Vegetable, root, except sugar beet, subgroup 1B 0.60 Vegetable, tuberous and corm, subgroup 1C 0.20 There are no U.S. registrations for tea as of May 11, 2017. Cattle, fat 0.03 1 1 (2) Tolerances are established for the residues of the insecticide �onicamid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of �onicamid, N-(cyanomethyl)-4-(tri�uoromethyl)-3 pyridinecarboxamide, and its metabolites, TFNA (4-tri�uoromethylnicotinic acid), and TFNA-AM (4-tri�uoromethylnicotinamide), calculated as the Stoichiometric equivalent of �onicamid, in or on the following commodities. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 820/1218 Cattle, meat 0.08 Cattle, meat byproducts 0.08 Egg 0.04 Goat, fat 0.03 Goat, meat 0.08 Goat, meat byproducts 0.08 Hog, fat 0.03 Hog, meat 0.03 Hog, meat byproducts 0.03 Horse, fat 0.03 Horse, meat 0.08 Horse, meat byproducts 0.08 Milk 0.05 Poultry, fat 0.03 Poultry, meat 0.03 Poultry, meat byproducts 0.03 Sheep, fat 0.03 Sheep, meat 0.08 Sheep, meat byproducts 0.08 (b) [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned by § 180.1(1), are established for the residues of the insecticide �onicamid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of �onicamid, N-(cyanomethyl)-4-(tri�uoromethyl)-3-pyridinecarboxamide, and its metabolites, TFNA (4-tri�uoromethylnicotinic acid), TFNA-AM (4 Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(1) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 821/1218 Clover, forage 0.90 Clover, hay 5.0 [70 FR 51614, Aug. 31, 2005, as amended at 71 FR 15608, Mar. 29, 2006; 73 FR 17923, Apr. 2, 2008; 77 FR 67776, Nov. 14, 2012; 78 FR 75266, Dec. 11, 2013; 81 FR 52352, Aug. 8, 2016; 82 FR 21945, May 11, 2017; 82 FR 31471, July 7, 2017; 83 FR 3615, Jan. 26, 2018; 83 FR 34780, July 23, 2018; 84 FR 13808, Apr. 8, 2019; 85 FR 31986, May 28, 2020; 86 FR 8704, Feb. 9, 2021] § 180.614 Kasugamycin; tolerances for residues. Cherry subgroup 12-12A 0.60 Fruit, pome, group 11-10 0.20 Vegetable, fruiting, group 8 0.04 Walnut 0.04 There is no U.S. registration as of September 1, 2005. tri�uoromethylnicotinamide), and TFNG (N-(4-tri�uoromethylnicotinoyl)glycine), calculated as the stoichiometric equivalent of �onicamid, in or on the following commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of kasugamycin, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed is to be determined by measuring only kasugamycin (3-O-[2-amino-4-[(carboxyimino-methyl)amino]-2,3,4,6-tetradeoxy-α-D arabino-hexopyranosyl]-D-chiro-inositol) in or on the commodity. 1 1 (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the following table are established for residues of kasugamycin, including metabolites and degradates, in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance levels speci�ed is to be determined by measuring only kasugamycin (3-O-[2-amino-4-[(carboxyimino methyl)amino]-2,3,4,6-tetradeoxy-α-D-arabino-hexopyranosyl]-D-chiro-inositol) in or on the commodity. The tolerances expire on the date speci�ed in the table. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/70-FR-51614 https://www.federalregister.gov/citation/71-FR-15608 https://www.federalregister.gov/citation/73-FR-17923 https://www.federalregister.gov/citation/77-FR-67776 https://www.federalregister.gov/citation/78-FR-75266 https://www.federalregister.gov/citation/81-FR-52352 https://www.federalregister.gov/citation/82-FR-21945 https://www.federalregister.gov/citation/82-FR-31471 https://www.federalregister.gov/citation/83-FR-3615 https://www.federalregister.gov/citation/83-FR-34780 https://www.federalregister.gov/citation/84-FR-13808 https://www.federalregister.gov/citation/85-FR-31986 https://www.federalregister.gov/citation/86-FR-8704 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 822/1218 Almond 0.04 12/31/23 Almond, hulls 0.4 12/31/23 [79 FR 51497, Aug. 29, 2014, as amended at 83 FR 9446, Mar. 6, 2018; 85 FR 63453, Oct. 8, 2020] § 180.615 Amicarbazone; tolerances for residues. Cattle, fat 0.01 Cattle, liver 1.0 Cattle, meat 0.01 Cattle, meat byproducts, except liver 0.10 Corn, �eld, forage 0.80 Corn, �eld, grain 0.05 Corn, �eld, stover 1.0 Goat, fat 0.01 Goat, liver 1.0 Goat, meat 0.01 Goat, meat byproducts, except liver 0.10 Hog, fat 0.01 (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for combined residues of the herbicide, amicarbazone [4-amino-4, 5-dihydro- N-(1,1-dimethylethyl)-3-(1-methylethyl)-5-oxo-1H 1,2,4-triazole-1-carboxamide] and its metabolites DA amicarbazone [N-(1,1 dimethylethyl)-4,5-dihydro-3-(1-methylethyl)-5-oxo-1H-1,2,4-triazole-1-carboxamide] and iPr-2-OH DA amicarbazone [N-(1,1-dimethylethyl)-4,5-dihydro-3-(1-hydroxy-1 methylethyl)-5-oxo-1H-1,2,4-triazole-1-carboxamide], calculated as parent equivalents, in or on the following commodities: CommodityCommodity Parts per millionParts per million Expiration dateExpiration date Commodity Parts per million https://www.federalregister.gov/citation/79-FR-51497 https://www.federalregister.gov/citation/83-FR-9446 https://www.federalregister.gov/citation/85-FR-63453 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 823/1218 Hog, liver 0.10 Hog, meat 0.01 Hog, meat byproducts, except liver 0.01 Horse, fat 0.01 Horse, liver 1.0 Horse, meat 0.01 Horse, meat byproducts, except liver 0.10 Milk 0.01 Sheep, fat 0.01 Sheep, liver 1.0 Sheep, meat 0.01 Sheep, meat byproducts, except liver 0.10 Poultry, liver 0.10 Alfalfa, forage 0.05 Alfalfa, hay 0.10 Cotton, gin byproducts 0.30 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the indirect or inadvertent residues of amicarbazone [4-amino-4, 5-dihydro-N-(1,1-dimethylethyl)-3-(1-methylethyl)-5 oxo-1H-1,2,4-triazole-1-carboxamide] and its metabolites DA amicarbazone [N-(1,1 dimethylethyl)-4,5-dihydro-3-(1-methylethyl)-5-oxo-1H-1,2,4-triazole-1-carboxamide] and iPr-2-OH DA amicarbazone [N-(1,1-dimethylethyl)-4,5-dihydro-3-(1-hydroxy-1 methylethyl)-5-oxo-1H-1,2,4-triazole-1-carboxamide], calculated as parent equivalents, in or on the following commodities when present therein as a result of application of amicarbazone to the growing crops in paragraph (a) of this section: Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.615#p-180.615(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 824/1218 Cotton, undelinted seed 0.07 Soybean, forage 1.50 Soybean, hay 5.0 Soybean, seed 0.80 Wheat, bran 0.15 Wheat, �our 0.15 Wheat, forage 0.50 Wheat, germ 0.15 Wheat, grain 0.10 Wheat, hay 1.0 Wheat, middlings, 0.15 Wheat, shorts 0.15 Wheat, straw 0.50 [70 FR 55760, Sept. 23, 2005, as amended at 74 FR 46377, Sept. 9, 2009] § 180.616 Fenpropimorph; tolerances for residues. Tolerances are established for the residues of the fungicide fenpropimorph (rel-(2R,6S)-4-[3-[4-(1,1 dimethylethyl)phenyl]-2-methylpropyl]-2,6-dimethylmorpholine) in or on the following commodity: Banana* 2.0 *No U.S. registration as of February 10, 2006. [71 FR 15612, Mar. 29, 2006] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/70-FR-55760 https://www.federalregister.gov/citation/74-FR-46377 https://www.federalregister.gov/citation/71-FR-15612 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 825/1218 § 180.617 Metconazole; tolerances for residues. Almond, hulls 4.0 Banana 0.1 Barley, grain 2.5 Barley, hay 7.0 Barley, straw 7.0 Beet, sugar, dried pulp 0.70 Beet, sugar, molasses 0.08 Beet, sugar, roots 0.07 Bushberry subgroup 13-07B 0.40 Cattle, meat byproducts 0.04 Corn, �eld, forage 3.0 Corn, �eld, grain 0.02 Corn, �eld, stover 30 Corn, pop, grain 0.02 Corn, pop, stover 30 Corn, sweet, forage 3.0 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 30.0 Cotton, gin byproducts 8.0 (a) General. Tolerances are established for residues of metconazole, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed below is to be determined by measuring only metconazole [5 [(4-chlorophenyl)methyl]-2,2-dimethyl-1-(1H-1,2,4-triazol-1-ylmethyl)cyclopentanol] as the sum of its cis- and trans-isomers in or on the following commodities: 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 826/1218 Cotton, undelinted seed 0.25 Egg 0.04 Fruit, stone, group 12-12 0.2 Goat, meat byproducts 0.04 Grain, aspirated grain fractions 7.0 Horse, meat byproducts 0.04 Nut, tree, group 14-12 0.04 Oat, grain 1.0 Oat, hay 17 Oat, straw 6.0 Pea and bean, dried shelled, except soybean, subgroup 6C 0.15 Peanut 0.04 Peanut, re�ned oil 0.05 Rapeseed subgroup 20A 0.08 Rye, grain 0.25 Rye, straw 14 Sheep, meat byproducts 0.04 Soybean, forage 3.0 Soybean, hay 6.0 Soybean, hulls 0.08 Soybean, seed 0.05 Sugarcane, cane 0.06 Sun�ower subgroup 20B 0.7 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 827/1218 Vegetable, tuberous and corn, subgroup 1C 0.04 Wheat, grain 0.15 Wheat, hay 16 Wheat, milled byproducts 0.20 Wheat, straw 18 No U.S. registration as of August 30, 2006. [71 FR 56388, Sept. 27, 2006, as amended at 71 FR 76196, Dec. 20, 2006; 73 FR 22828, Apr. 28, 2008; 74 FR 21266, May 7, 2009; 76 FR 50904, Aug. 17, 2011; 76 FR 81396, Dec. 28, 2011; 77 FR 26456, May 4, 2012; 77 FR 66723, Nov. 7, 2012; 79 FR 12411, Mar. 5, 2014; 80 FR 30625. May 29, 2015] § 180.618 Benthiavalicarb-isopropyl; tolerance for residues. Grape, imported 0.25 Grape, raisin 1.0 Tomato 0.45 Note: There are no U.S. registrations as of July 30, 2006. [71 FR 52003, Sept. 1, 2006] 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of benthiavalicarb isopropyl, isopropyl[(S)-1-[[[(1R)-1-(6-�uoro-2-benzothiazolyl)ethyl]amino] carbonyl]-2 methylpropyl]carbamate and isopropyl[(S)-1-[[[(1S)-1-(6-�uoro-2 benzothiazolyl)ethyl]amino] carbonyl]-2-methylpropyl]carbamate, in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect of inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/71-FR-56388 https://www.federalregister.gov/citation/71-FR-76196 https://www.federalregister.gov/citation/73-FR-22828 https://www.federalregister.gov/citation/74-FR-21266 https://www.federalregister.gov/citation/76-FR-50904 https://www.federalregister.gov/citation/76-FR-81396 https://www.federalregister.gov/citation/77-FR-26456 https://www.federalregister.gov/citation/77-FR-66723 https://www.federalregister.gov/citation/79-FR-12411 https://www.federalregister.gov/citation/80-FR-30625 https://www.federalregister.gov/citation/71-FR-52003 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 828/1218 § 180.619 Epoxiconazole; tolerances for residues. Banana * 0.5 Coffee * 0.05 * No U.S. Registration as of August 4, 2006 [71 FR 53989, Sept. 13, 2006] § 180.620 Etofenprox; tolerances for residues. Cattle, fat 10.0 Cattle, meat 0.40 Cattle, meat byproducts 10.0 Egg 0.40 All food commodities (including feed commodities) not otherwise listed in this subsection 5.0 Goat, fat 10.0 Goat, meat 0.40 (a) General. Tolerances are established for the residues of the fungicide epoxiconazole [(rel 1-[[(2R,3S)-3-(2-chlorophenyl)-2-(4-�uorophenyl)oxiranyl]methyl]-1H-1,2,4-triazole]) in or on the following commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional Registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. A tolerance is established for residues of the insecticide etofenprox, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level speci�ed in this paragraph is to be determined by measuring only etofenprox, 2-(4-ethoxyphenyl)-2-methylpropyl 3-phenoxybenzyl ether, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/71-FR-53989 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 829/1218 Goat, meat byproducts 10.0 Hog, fat 4.0 Hog, meat 0.20 Hog, meat byproducts 4.0 Horse, fat 10.0 Horse, meat 0.40 Horse, meat byproducts 10.0 Milk 0.60 Poultry, fat 1.0 Poultry, meat 0.01 Poultry, meat byproducts 1.0 Rice, grain 0.01 Sheep, fat 10.0 Sheep, meat 0.40 Sheep, meat byproducts 10.0 [76 FR 23498, Apr. 27, 2011, as amended at 78 FR 70877, Nov. 27, 2013] § 180.621 Dithianon; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of dithianon, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only dithianon, 5, 10 dihydro-5,10-dioxonaphtho(2,3-b)-1,4-dithiin-2,3-dicarbonitrile. Commodity Parts per million https://www.federalregister.gov/citation/76-FR-23498 https://www.federalregister.gov/citation/78-FR-70877 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 830/1218 Fruit, pome, group 11 5 Grape 3 Hop, dried cones 100 No U.S. registration as of September 5, 2006. No U.S. registration as of January 29, 2010. [75 FR 5522, Feb. 3, 2010] § 180.622 Ethaboxam; tolerances for residues. Table 1 to Paragraph (a) Beet, sugar, roots 0.03 Ginseng 0.10 Grape 6.0 Pepper/eggplant subgroup 8-10B 0.90 Vegetable, cucurbit, group 9 0.30 Vegetable, tuberous and corm, subgroup 1C 0.01 There is no U.S. registration as of September 27, 2006. 1 2 1 1 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of ethaboxam, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only ethaboxam (N (cyano-2-thienylmethyl)-4-ethyl-2-(ethylamino)-5-thiazolecarboxamide) in or on the commodity. 1 1 CommodityCommodity Parts per million Parts per million Commodity Parts per million https://www.federalregister.gov/citation/75-FR-5522 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 831/1218 [71 FR 56392, Sept. 27, 2006, as amended at 82 FR 36090, Aug. 3, 2017; 86 FR 8713, Feb. 9, 2021] § 180.623 Flufenoxuron; tolerances for residues. Apple 0.50 Cattle, fat 4.5 Cattle, meat 0.10 Cattle, meat byproducts 0.50 Goat, fat 4.5 Goat, meat 0.10 Goat, meat byproducts 0.50 Grape 0.70 Grape, raisin 2.0 Horse, fat 4.5 Horse, meat 0.10 Horse, meat byproducts 0.50 Milk 0.20 Milk, fat 4.0 Orange 0.30 Orange, oil 60 Pear 0.50 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide, �ufenoxuron, 1-[4-(2 chloro-α,α,α-tri�uoro-p-tolyloxy)-2-�uorophenyl]-3-(2,6-di�uorobenzoyl)urea, in or on the following food commodities. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Commodity Parts per million https://www.federalregister.gov/citation/71-FR-56392 https://www.federalregister.gov/citation/82-FR-36090 https://www.federalregister.gov/citation/86-FR-8713 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 832/1218 Sheep, fat 4.5 Sheep, meat 0.10 Sheep, meat byproducts 0.50 There are no U.S. registrations as of September 30, 2006. [71 FR 57436, Sept. 29, 2006] § 180.624 Metrafenone; tolerances for residues. Apricot 0.70 Cherry subgroup 12-12A 2.0 Fruit, pome, group 11-10 1.5 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 4.5 Grape, raisin 17 Hop, dried cones 70 Peach subgroup 12-12B 0.70 Vegetable, cucurbit, group 9 0.50 Vegetable, fruiting, group 8-10 0.90 White button mushroom 0.50 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional restrictions. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide metrafenone, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only metrafenone (3-bromo-6-methoxy-2-methylphenyl)(2,3,4-trimethoxy-6 methylphenyl)methanone in or on the following commodities: (b) Section 18 emergency exemption. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/71-FR-57436 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 833/1218 [71 FR 54917, Sept. 20, 2006, as amended at 75 FR 75393, Dec. 3, 2010; 79 FR 63053, Oct. 22, 2014; 84 FR 12520, Apr. 2, 2019] § 180.625 Orthosulfamuron; tolerances for residues. Table to Paragraph (a) Almond, hulls 0.03 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.01 Nut, tree, group 14-12 0.01 Rice, grain 0.05 [72 FR 8931, Feb. 28, 2007, as amended at 80 FR 72599, Nov. 20, 2015; 86 FR 9872, Feb. 17, 2021] § 180.626 Prothioconazole; tolerances for residues. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide orthosulfamuron, including its metabolites and degradates, in or on the commodities in the table, below. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only orthosulfamuron, 1-(4,6-dimethoxypyrimidin-2-yl)-3-{[2 (dimethylcarbamoyl)phenyl]sulfamoyl}urea, in or on the following commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect and inadvertant residues. [Reserved] (a) General. (1) Tolerances are established for residues of prothioconazole, 2-[2-(1 chlorocylcopropyl)-3-(2-chlorophenyl)-2-hydroxypropyl]-1,2-dihydro-3H-1,2,4-triazole 3-thion, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only prothioconazole and its metabolite prothioconazole desthio, or α-(1-chlorocyclopropyl)-α-[(2-chlorophenyl)methyl]-1H-1,2,4-triazole-1 ethanol, calculated as parent in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/71-FR-54917 https://www.federalregister.gov/citation/75-FR-75393 https://www.federalregister.gov/citation/79-FR-63053 https://www.federalregister.gov/citation/84-FR-12520 https://www.federalregister.gov/citation/72-FR-8931 https://www.federalregister.gov/citation/80-FR-72599 https://www.federalregister.gov/citation/86-FR-9872 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 834/1218 Alfalfa, forage 0.02 Alfalfa, hay 0.02 Beet, sugar, roots 0.25 Berry, low growing, except strawberry, subgroup 13-07H 0.20 Bushberry, subgroup 13-07B 2.0 Corn, sweet kernel plus cob with husks removed 0.04 Cotton, gin byproducts 4.0 Cottonseed subgroup 20C 0.4 Grain, aspirated grain fractions 11 Grain, cereal, forage, fodder and straw, group 16, except sorghum, and rice; forage 8.0 Grain, cereal, forage, fodder and straw, group 16, except sorghum, and rice; hay 7.0 Grain, cereal, forage, fodder and straw, group 16, except sorghum, and rice; stover 10 Grain, cereal, forage, fodder and straw, group 16, except sorghum, straw 5.0 Grain, cereal, group 15, except sweet corn and sorghum 0.35 Pea and bean, dried shelled, except soybean, subgroup 6C 0.9 Peanut 0.02 Potato 0.02 Rapeseed subgroup 20A 0.15 Rice, hulls 0.90 Soybean, forage 4.5 CommodityCommodity Parts per million Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 835/1218 Soybean, hay 17 Soybean, seed 0.15 Sun�ower subgroup 20B 0.2 Vegetable, cucurbit, crop group 9 0.30 There are no U.S. registrations allowing use of prothioconazole on the commodities in the Sun�ower subgroup 20B as of August 16, 2017. Cattle, fat 0.1 Cattle, meat 0.02 Cattle, meat byproducts 0.2 Goat, fat 0.1 Goat, meat 0.02 Goat, meat byproducts 0.2 Hog, meat byproducts 0.05 Horse, fat 0.1 Horse, meat 0.02 Horse, meat byproducts 0.2 Milk 0.02 1 1 (2) Tolerances are established for residues of prothioconazole, 2-[2-(1 chlorocylcopropyl)-3-(2-chlorophenyl)-2-hydroxypropyl]-1,2-dihydro-3H-1,2,4-triazole 3-thion, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only prothioconazole and its metabolites prothioconazole desthio, or α-(1-chlorocyclopropyl)-α-[(2-chlorophenyl)methyl]-1H-1,2,4-triazole-1 ethanol, and conjugates that can be converted to these two compounds by acid hydrolysis, calculated as parent in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 836/1218 Poultry liver 0.02 Sheep, fat 0.1 Sheep, meat 0.02 Sheep, meat byproducts 0.2 [72 FR 11783, Mar. 14, 2007, as amended at 73 FR 14719, Mar. 19, 2008; 74 FR 14749, Apr. 1, 2009; 74 FR 46699, Sept. 11, 2009; 75 FR 29914, May 28, 2010; 76 FR 61592, Oct. 5, 2011; 78 FR 67052, Nov. 8, 2013; 81 FR 78923, Nov. 10, 2016; 82 FR 38846, Aug. 16, 2017; 83 FR 52991, Oct. 19, 2018] § 180.627 Fluopicolide; tolerances for residues. Basil, dried, leaves 200 Basil, fresh leaves 40 Bean, moth, succulent 0.90 Bean, runner, succulent 0.90 Bean, snap, succulent 0.90 Bean, wax, succulent 0.90 Bean, yardlong, succulent 0.90 Brassica, head and stem, subgroup 5A 5.0 Citrus, dried pulp 0.03 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide �uopicolide [2,6 dichloro-N-[[3-chloro-5-(tri�uoromethyl)-2-pyridinyl]methyl]benzamide], including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �uopicolide [2,6-dichloro-N-[[3-chloro-5-(tri�uoromethyl)-2 pyridinyl]methyl]benzamide] in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-11783 https://www.federalregister.gov/citation/73-FR-14719 https://www.federalregister.gov/citation/74-FR-14749 https://www.federalregister.gov/citation/74-FR-46699 https://www.federalregister.gov/citation/75-FR-29914 https://www.federalregister.gov/citation/76-FR-61592 https://www.federalregister.gov/citation/78-FR-67052 https://www.federalregister.gov/citation/81-FR-78923 https://www.federalregister.gov/citation/82-FR-38846 https://www.federalregister.gov/citation/83-FR-52991 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 837/1218 Citrus, oil 1.0 Fruit, citrus, crop group 10-10 0.01 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.0 Grape, raisin 6.0 Hop, dried cones 15 Potato, granules/�akes 0.15 Potato, processed potato waste 0.2 Vegetable, brassica (cole) leafy subgroup 5B 18 Vegetable, bulb, crop group 3-07 7.0 Vegetable, cucurbit, group 9 0.50 Vegetable, fruiting, crop group 8-10 1.6 Vegetable, leafy, except brassica, group 4 25 Vegetable, leaves of root and tuber, group 2 15.0 Vegetable root, subgroup 1A 0.15 Vegetable, tuberous and corm, subgroup 1C 0.09 Corn, �eld, forage 0.08 Corn, �eld, grain 0.01 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for residues of the fungicide �uopicolide [2,6-dichloro-N-[[3-chloro-5-(tri�uoromethyl)-2-pyridinyl]methyl]benzamide], including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �uopicolide [2,6-dichloro-N-[[3-chloro-5-(tri�uoromethyl)-2 pyridinyl]methyl]benzamide] in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 838/1218 Corn, �eld, stover 0.20 Wheat, aspirated grain fractions 0.07 Wheat, forage 0.20 Wheat, grain 0.02 Wheat, hay 0.50 Wheat, milled byproducts 0.07 Wheat, straw 0.50 [72 FR 14447, Mar. 28, 2007, as amended at 73 FR 5455, Jan. 30, 2008; 73 FR 30498, May 28, 2008; 76 FR 22054, Apr. 20, 2011; 79 FR 12401, Mar. 5, 2014; 79 FR 45693, Aug. 6, 2014; 81 FR 65924, Sept. 26, 2016; 83 FR 9712, Mar. 7, 2018] § 180.628 Chlorantraniliprole; tolerances for residues. Acerola 2.0 Alfalfa, seed 7.0 Almond, hulls 5.0 Animal feed, nongrass, group 18, forage 25 Animal feed, nongrass, group 18, hay 90 Apple, wet pomace 2.5 Artichoke, globe 4.0 Artichoke, globe 2.0 (a) General. Tolerances are established for residues of the insecticide chlorantraniliprole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only chlorantraniliprole, 3-bromo-N-[4-chloro-2-methyl-6-[(methylamino)carbonyl]phenyl]-1 (3-chloro-2-pyridinyl)-1H-pyrazole-5-carboxamide. 1 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-14447 https://www.federalregister.gov/citation/73-FR-5455 https://www.federalregister.gov/citation/73-FR-30498 https://www.federalregister.gov/citation/76-FR-22054 https://www.federalregister.gov/citation/79-FR-12401 https://www.federalregister.gov/citation/79-FR-45693 https://www.federalregister.gov/citation/81-FR-65924 https://www.federalregister.gov/citation/83-FR-9712 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 839/1218 Asparagus 13 Atemoya 4.0 Avocado 4.0 Banana 4.0 Beet, sugar, molasses 9.0 Berry, large shrub/tree, subgroup 13-07C 2.5 Berry, low growing, subgroup 13-07G 1.0 Biriba 4.0 Brassica, head and stem, subgroup 5A 4.0 Brassica, leafy greens, subgroup 5B 11 Bushberry, subgroup 13-07B 2.5 Cacao bean 0.08 Cacao bean, chocolate 1.5 Cacao bean, cocoa powder 1.5 Cacao bean, roasted bean 0.8 Cactus 13 Canistel 4.0 Cattle, fat 0.5 Cattle, meat 0.1 Cattle, meat byproducts 0.5 Cherimoya 4.0 Citrus, dried pulp 14 Coffee, green bean 0.4 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 840/1218 Coffee, instant 2.0 Corn, �eld, grain 0.04 Corn, �eld, milled byproducts 0.1 Corn, pop, grain 0.04 Corn, sweet, kernel plus cobs with husk removed 0.02 Cotton, gin byproduct 30 Cotton, hulls 0.40 Cottonseed subgroup 20C 0.3 Cray�sh 8.0 Custard apple 4.0 Egg 1.0 Feijoa 4.0 Fig 4.0 Fruit, caneberry, subgroup 13-07A 1.8 Fruit, citrus, group 10-10 1.4 Fruit, pome, group 11-10 1.2 Fruit, small vine climbing, subgroup 13-07F 2.5 Fruit, stone, group 12-12 2.5 Fruit, stone, group 12-12, except cherry, chickasaw plum, and damson plum 4.0 Goat, fat 0.5 Goat, meat 0.1 Goat, meat byproducts 0.5 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 841/1218 Grain, aspirated grain fractions 640 Grain, cereal, except rice and corn, group 15 6.0 Grain, cereal, forage, fodder and straw, group 16 40 Grape, raisin 5.0 Grass forage, fodder and hay, group 17 90 Guava 4.0 Herb subgroup 19A, dried leaves 90 Herb subgroup 19A, fresh leaves 25 Hog, fat 0.05 Hog, meat 0.02 Hog, meat byproducts 0.05 Hop, dried cones 90 Hop, dried cones 40 Horse, fat 0.5 Horse, meat 0.1 Horse, meat byproducts 0.5 Ilama 4.0 Jaboticaba 2.0 Longan 4.0 Lychee 2.0 Mango 4.0 Milk 0.1 Nut, tree, group 14 0.04 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 842/1218 Nut, tree, group 14-12 0.02 Olive 4.0 Olive, oil 40 Onion, bulb, subgroup 3-07A 0.30 Onion, green, subgroup 3-07B 3.0 Palm, oil 1.5 Papaya 4.0 Passionfruit 4.0 Peanut 0.06 Peanut, hay 90 Peppermint, tops 9.0 Persimmon 4.0 Pineapple 1.5 Pineapple, process residue 3.0 Pistachio 0.04 Pomegranate 4.0 Poultry, fat 0.2 Poultry, meat 0.05 Poultry, meat byproducts 0.2 Pulasan 4.0 Quinoa, forage 40 Quinoa, grain 6.0 Quinoa, hay 40 2 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 843/1218 Quinoa, straw 40 Rambutan 4.0 Rapeseed subgroup 20A 2.0 Rice, grain 0.15 Rice, hulls 0.4 Sapodilla 4.0 Sapote, black 4.0 Sapote, mamey 4.0 Sapote, white 4.0 Sheep, fat 0.5 Sheep, meat 0.1 Sheep meat byproducts 0.5 Soursop 4.0 Spanish lime 4.0 Spearmint, tops 9.0 Spice, subgroup 19B 90 Star apple 4.0 Starfruit 4.0 Sugar apple 4.0 Sugarcane, cane 14 Sugarcane, molasses 420 Sun�ower subgroup 20B 2.0 Tea, dried 50.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 844/1218 Teff, forage 40 Teff, grain 6.0 Teff, hay 40 Teff, straw 40 Ti, leaves 13.0 Ti, root 0.3 Vegetable, cucurbit, group 9 0.5 Vegetable, foliage of legume, group 7 90 Vegetable, fruiting, group 8-10 1.4 Vegetable, leafy, except brassica, group 4 13 Vegetable, leaves of root and tuber, group 2 40.0 Vegetable, legume, group 6 2.0 Vegetable, root and tuber, group 1 0.30 Wax jambu 4.0 This tolerance expires on December 14, 2016. There are no U.S. registrations for use of chlorantraniliprole on this commodity. [75 FR 5532, Feb. 3, 2010, as amended at 75 FR 17566, Apr. 7, 2010; 76 FR 44821, July 27, 2011; 76 FR 59909, Sept. 28, 2011; 77 FR 60315, Oct. 3, 2012; 77 FR 75561, Dec. 21, 2012; 78 FR 57285, Sept. 18, 2013; 79 FR 7401, Feb. 7, 2014; 81 FR 38604, June 14, 2016; 81 FR 61619, Sept. 7, 2016; 84 FR 53326, Oct. 7, 2019] ยง 180.629 Flutriafol; tolerances for residues. 1 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/75-FR-5532 https://www.federalregister.gov/citation/75-FR-17566 https://www.federalregister.gov/citation/76-FR-44821 https://www.federalregister.gov/citation/76-FR-59909 https://www.federalregister.gov/citation/77-FR-60315 https://www.federalregister.gov/citation/77-FR-75561 https://www.federalregister.gov/citation/78-FR-57285 https://www.federalregister.gov/citation/79-FR-7401 https://www.federalregister.gov/citation/81-FR-38604 https://www.federalregister.gov/citation/81-FR-61619 https://www.federalregister.gov/citation/84-FR-53326 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 845/1218 African tree nut 0.02 Alfalfa, forage 20 Alfalfa, hay 70 Almond 0.60 Almond, hull 15 Banana 0.30 Barley, grain 1.5 Barley, hay 7 Barley, straw 8 Beet sugar 0.08 Brassica, head and stem (subgroup 5A) 1.5 Brassica, leafy greens (subgroup 5B) 7.0 Brazil nut 0.02 Bur oak 0.02 Butternut 0.02 Cajou 0.02 Cashew 0.02 Castanha-do-maranhao 0.02 Cattle, fat 0.2 Cattle, liver 1.5 Cattle, meat byproducts, except liver 0.08 (a) General. Tolerances are established for the residues of �utriafol, [(±)-α-(2-�uorophenyl)-α (4-�uorophenyl)-1H-1,2,4-triazole-1-ethanol], including its metabolites and degradates in or on the following commodities. Compliance with the following tolerances is to be determined by measuring �utriafol only. 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 846/1218 Cattle, muscle 0.05 Coconut 0.02 Coffee, green, bean 0.15 Coffee, instant 0.30 Coquito nut 0.02 Corn, �eld, forage 5.0 Corn, �eld, grain 0.01 Corn, �eld, re�ned oil 0.02 Corn, �eld, stover 15 Corn, pop 0.01 Corn, pop, stover 15 Corn, sweet, forage 9 Corn, sweet, kernel plus cob with husk removed 0.03 Corn, sweet, stover 8 Cotton, gin byproducts 6.0 Cotton, undelinted seed 0.50 Dika nut 0.02 Egg 0.02 Fruit, pome, group 11-09 0.40 Fruit, stone, group 12-10 1.5 Goat, fat 0.2 Goat, liver 1.5 Goat, meat byproducts, except liver 0.08 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 847/1218 Goat, muscle 0.05 Grain, aspirated fractions 6.0 Grape 1.5 Grape, raisin 2.4 Guiana chestnut 0.02 Hazelnut 0.02 Heartnut 0.02 Hickory nut 0.02 Hog, fat 0.01 Hog, meat byproducts 0.05 Hog, muscle 0.01 Hop, dried cones 20 Horse, fat 0.2 Horse, liver 1.5 Horse, meat byproducts, except liver 0.08 Horse, muscle 0.05 Japanese horse-chestnut 0.02 Lettuce, head 1.5 Macadamia nut 0.02 Milk 0.02 Mongongo nut 0.02 Monkey-pot 0.02 Pachira nut 0.02 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 848/1218 Peanut 0.09 Peanut, hay 15 Pecan 0.02 Poultry, fat 0.02 Poultry, meat byproducts 0.02 Radicchio 1.5 Sapucaia nut 0.02 Sheep, fat 0.2 Sheep, liver 1.5 Sheep, meat byproducts, except liver 0.08 Sheep, muscle 0.05 Sorghum, grain, forage 2.0 Sorghum, grain, grain 1.5 Sorghum, grain, stover 6.0 Soybean, seed 0.35 Strawberry 1.5 Tomato, paste 1.5 Vegetable, cucurbit, group 9 0.30 Vegetable, fruiting, group 8-10 1.0 Vegetable, leafy, except Brassica, crop group 4, except head lettuce and radicchio 10 Walnut, black 0.02 Walnut, English 0.02 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 849/1218 Wheat, bran 0.30 Wheat, forage 30 Wheat, germ 0.25 Wheat, grain 0.15 Wheat, hay 15 Wheat, straw 9.0 There are no U.S. registrations as of October 22, 2013. Table 2 to Paragraph (d) Rice, grain 0.5 [75 FR 26673, May 12, 2010, as amended at 76 FR 69647, Nov. 9, 2011; 77 FR 47301, Aug. 8, 2012; 77 FR 48901, Aug. 15, 2012; 78 FR 75262, Dec. 11, 2013; 79 FR 32673, June 6, 2014; 80 FR 5951, Feb. 4, 2015; 80 FR 71952, Nov. 18, 2015; 85 FR 8467, Feb. 14, 2020] § 180.631 Pyrasulfotole; tolerances for residues. 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the indirect or inadvertent residues of the fungicide �utriafol, including its metabolites and degradates, in or on the commodities in the table 2 to this paragraph (d) when present therein as a result of the application of �utriafol to the growing crops listed in the table to paragraph (a) of this section. Compliance with the following tolerance levels speci�ed in table 2 to this paragraph (d) is to be determined by measuring only �utriafol ((±)-α-(2-�uorophenyl)-α-(4 �uorophenyl)-1H-1,2,4-triazole-1-ethanol) in or on the following commodities: (a) General. Tolerances are established for residues of the herbicide pyrasulfotole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of pyrasulfotole ((5-hydroxy-1,3-dimethyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-4 (tri�uoromethyl)phenyl]methanone) and its desmethyl metabolite (5-hydroxy-3-methyl-1H pyrazol-4-yl)[2-(methylsulfonyl)-4-(tri�uoromethyl)phenyl]methanone), calculated as the stoichiometric equivalent of pyrasulfotole, in or on the commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/75-FR-26673 https://www.federalregister.gov/citation/76-FR-69647 https://www.federalregister.gov/citation/77-FR-47301 https://www.federalregister.gov/citation/77-FR-48901 https://www.federalregister.gov/citation/78-FR-75262 https://www.federalregister.gov/citation/79-FR-32673 https://www.federalregister.gov/citation/80-FR-5951 https://www.federalregister.gov/citation/80-FR-71952 https://www.federalregister.gov/citation/85-FR-8467 https://www.ecfr.gov/current/title-40/section-180.629#p-180.629(d) https://www.ecfr.gov/current/title-40/section-180.629#p-180.629(a) https://www.ecfr.gov/current/title-40/section-180.629#p-180.629(d) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 850/1218 Aspirated grain fractions 0.40 Barley, grain 0.02 Barley, hay 0.30 Barley, straw 0.20 Cattle, fat 0.03 Cattle, liver 3.0 Cattle, meat 0.02 Cattle, meat byproducts, except liver 0.70 Eggs 0.02 Goat, fat 0.03 Goat, liver 3.0 Goat, meat 0.02 Goat, meat byproducts, except liver 0.70 Grass, forage 25 Grass, hay 3.5 Hog, fat 0.02 Hog, liver 0.30 Hog, meat 0.02 Hog, meat byproducts, except liver 0.05 Horse, fat 0.03 Horse, liver 3.0 Horse, meat 0.02 Horse, meat byproducts, except liver 0.70 Milk 0.03 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 851/1218 Oat, forage 0.10 Oat, grain 0.08 Oat, hay 0.50 Oat, straw 0.20 Poultry, fat 0.02 Poultry, meat 0.02 Poultry, meat byproducts 0.20 Rye, forage 0.20 Rye, grain 0.02 Rye, straw 0.20 Sheep, fat 0.03 Sheep, liver 3.0 Sheep, meat 0.02 Sheep, meat byproducts, except liver 0.70 Sorghum, grain, forage 1.5 Sorghum, grain, grain 0.70 Sorghum, grain, stover 0.80 Wheat, forage 0.20 Wheat, grain 0.02 Wheat, hay 0.80 Wheat, straw 0.20 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 852/1218 [72 FR 45649, Aug. 15, 2007, as amended at 76 FR 23898, Apr. 29, 2011] § 180.632 Fenazaquin; Tolerances for residues. Almond, hulls 4 Avocado 0.15 Berry, low growing, subgroup 13-07G 2 Bushberry, subgroup 13-07B 0.8 Caneberry, subgroup 13-07A 0.7 Fruit, Citrus, Group 10 except Grapefruit 0.5 Fruit, citrus, group 10-10 0.4 Fruit, citrus, group 10-10, oil 20 Fruit, pome, group 11-10 0.6 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.7 Fruit, stone, group 12-12 2 Grape, raisin 0.8 Hop, dried cones 30 Nuts, Tree, Group 14-12 0.02 Pea and bean, dried shelled, except soybean, subgroup 6C 0.3 Pea and bean, succulent shelled, subgroup 6B 0.03 Peppermint, fresh leaves 10 Pineapple 0.2 Spearmint, fresh leaves 10 (a) General. Tolerances are established for residues of the insecticide fenazaquin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only fenazaquin, or 4-[2-[4-(1,1-dimethylethyl)phenyl]-ethoxy]quinazoline. 2 1 Commodity Parts per million https://www.federalregister.gov/citation/72-FR-45649 https://www.federalregister.gov/citation/76-FR-23898 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 853/1218 Tea, dried 9 Vegetable, cucurbit, group 9 0.3 Vegetable, fruiting, group 8-10 0.3 Vegetable, legume, edible podded, subgroup 6A 0.4 There are no U.S. registrations as of May 25, 2017 for use on pineapple and tea. This tolerance expires on October 11, 2019. [72 FR 44393, Aug. 8, 2007, as amended at 80 FR 25958, May 6, 2015; 82 FR 24071, May 25, 2017; 84 FR 14622, Apr. 11, 2019] § 180.633 Florasulam; tolerances for residues. Barley, grain 0.01 Barley, hay 0.05 Barley, straw 0.05 Oat, forage 0.05 Oat, grain 0.01 Oat, hay 0.05 Oat, straw 0.05 Rye, forage 0.05 1 1 2 (b) Section is emergency exempotions. [Reserved] (c) Tolerances with regional registration. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide �orasulam, including its metabolites and degradates, in or on the commodities below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �orasulam, N-(2, 6-di�uorophenyl)-8-�uoro-5-methoxy (1, 2, 4) triazole (1, 5-c)pyrimidine-2-sulfonamide, in or on the commodities. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-44393 https://www.federalregister.gov/citation/80-FR-25958 https://www.federalregister.gov/citation/82-FR-24071 https://www.federalregister.gov/citation/84-FR-14622 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 854/1218 Rye, grain 0.01 Rye, straw 0.05 Teff, forage 0.05 Teff, grain 0.01 Teff, hay 0.05 Teff, straw 0.05 Wheat, forage 0.05 Wheat, grain 0.01 Wheat, hay 0.05 Wheat, straw 0.05 Table 2 to Paragraph (c) Grass, forage, fodder and hay, group 17 0.02 [72 FR 55077, Sept. 28, 2007, as amended at 83 FR 35147, July 25, 2018; 86 FR 43967, Aug. 11, 2021] § 180.634 Tembotrione; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances are established for residues of the herbicide �orasulam, including its metabolites and degradates, in or on the commodities in table 2 to this paragraph (c). Compliance with the tolerance levels speci�ed in table 2 is to be determined by measuring only �orasulam, N-(2, 6-di�uorophenyl)-8-�uoro-5-methoxy (1, 2, 4) triazole (1, 5-c)pyrimidine-2-sulfonamide, in or on the commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide tembotrione, including its metabolites and degradates, in or on the commodities listed in the table to this paragraph. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of tembotrione, 2-[2-chloro-4-(methylsulfonyl)-3-[(2,2,2 tri�uoroethoxy)methyl]benzoyl]-1,3-cyclohexanedione and its metabolite, 2-[2-chloro Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/72-FR-55077 https://www.federalregister.gov/citation/83-FR-35147 https://www.federalregister.gov/citation/86-FR-43967 https://www.ecfr.gov/current/title-40/section-180.633#p-180.633(c) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 855/1218 Cattle, liver 0.40 Cattle, meat byproducts, except liver 0.07 Corn, �eld, forage 0.60 Corn, �eld, grain 0.02 Corn, �eld, stover 0.45 Corn, pop, grain 0.02 Corn, pop, stover 0.35 Corn, sweet, forage 0.35 Corn, sweet, stover 0.60 Goat, liver 0.40 Goat, meat byproducts, except liver 0.07 Horse, liver 0.40 Horse, meat byproducts, except liver 0.07 Poultry, liver 0.07 Sheep, liver 0.40 Sheep, meat byproducts, except liver 0.07 Corn, sweet, kernel plus cob with husks removed 0.01 4-(methylsulfonyl)-3-[(2,2,2-tri�uoroethoxy) methyl]benzoyl]-4,6-dihydroxy-1,3 cyclohexanedione, calculated as the stoichiometric equivalent of tembotrione, in or on the following commodities. (2) Tolerances are established for residues of the herbicide tembotrione, including its metabolites and degradates, in or on the commodities listed in the table to this paragraph. Compliance with the tolerance levels speci�ed below is to be determined by measuring only tembotrione, 2-[2-chloro-4-(methylsulfonyl)-3-[(2,2,2 tri�uoroethoxy)methyl]benzoyl]-1,3-cyclohexanedione in or on the following commodities. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 856/1218 [72 FR 55085, Sept. 28, 2007, as amended at 74 FR 47894, Sept. 18, 2009] § 180.635 Spinetoram; tolerances for residues. Table 1 to Paragraph (a) Acerola 0.30 Almond, hulls 19 Amaranth grain, grain 1.0 Apple, wet pomace 0.50 Artichoke, globe 0.30 Asparagus 0.04 Atemoya 0.30 Avocado 0.30 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide spinetoram, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of XDE-175-J: 1-H-as-indaceno[3,2-d]oxacyclododecin-7,15-dione,2-[(6deoxy-3-O-ethyl-2,4 di-O-methyl-α-L-mannopyranosyl)oxy]-13-[[(2R,5S,6R)-5(dimethylamino)tetrahydro-6 methyl-2H-pyran-2-yl]oxy]-9-ethyl-2,3,3a,4,5,5a,5b,6,9,10,11,12,13,14,16a,16b hexadecahydro-14-methyl-,(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR); XDE-175-L: 1H-as indaceno[3,2-d]oxacyclododecin-7,15-dione,2-[(6deoxy-3-O-ethyl-2,4-di-O-methyl-α-L mannopyranosyl)oxy]-13-[[(2R,5S,6R)-5(dimethylamino)tetrahydro-6-methyl-2H-pyran-2 yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-4,14-dimethyl-, (2S,3aR,5aS,5bS,9S,13S,14R,16aS,16bS); ND-J: (2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-9 ethyl-14-methyl-13[[(2S,5S,6R)-6-methyl-5-(methylamino)tetrahydro-2H-pyran-2 yl]oxy]-7,15-dioxo2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-octadecahydro-1H-as indaceno[3,2d]oxacyclododecin-2-yl-6-deoxy-3-O-ethyl-2,4-di-O-methyl-α-L mannopyranoside; and NF-J: (2R,3S,6S)-6-([(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-2-[(6 deoxy-3-O-ethyl-2,4-di-O-methyl-α-L-mannopyranosyl)oxy]-9-ethyl-14-methyl-7,15-dioxo 2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-octadecahydro-1H-as indaceno[3,2d]oxacyclododecin-13-yl]oxy)-2-methyltetrahydro-2H-pyran-3 yl(methyl)formamide, calculated as the stoichiometric equivalent of spinetoram. Commodity Parts per million https://www.federalregister.gov/citation/72-FR-55085 https://www.federalregister.gov/citation/74-FR-47894 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 857/1218 Banana 0.25 Beet, sugar, molasses 0.75 Berry, low growing, except strawberry, subgroup 13-07H 0.04 Berry, low growing, subgroup 13-07G, except cranberry 0.90 Biriba 0.30 Bushberry subgroup 13-07B 0.50 Caneberry subgroup 13-07A 0.80 Canistel 0.30 Cattle, fat 5.5 Cattle, liver 0.85 Cattle, meat 0.20 Cattle, meat byproducts (except liver) 0.60 Celtuce 8 Cherimoya 0.30 Citrus, dried pulp 0.50 Citrus, oil 3.0 Coffee, green bean 0.04 Corn, sweet, kernel plus cob with husks removed 0.04 Cotton, gin byproducts 1.5 Cottonseed subgroup 20C 0.04 Custard apple 0.30 Date 0.10 Dragon fruit 1.5 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 858/1218 Egg 0.04 Feijoa 0.30 Fennel, Florence, fresh leaves and stalk 8 Fig 0.10 Fruit, citrus, group 10-10 0.30 Fruit, pome, group 11-10 0.20 Fruit, small, vine climbing, subgroup 13-07F, except fuzzy kiwifruit 0.50 Fruit, stone 12-12 0.30 Goat, fat 5.5 Goat, liver 0.85 Goat, meat 0.20 Goat, meat byproducts (except liver) 0.60 Grain, aspirated fractions 20 Grain, cereal, group 15, except rice, sorghum, pearl millet and proso millet 0.04 Grain, cereal, group 16, forage 3.5 Grain, cereal, group 16, hay 10 Grain, cereal, group 16, stover 10 Grain, cereal, straw, group 16, except rice 1.0 Grape, raisin 0.70 Guava 0.30 Herb, dried, subgroup 19A 22 Herb, fresh, subgroup 19A 3.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 859/1218 Hog, fat 0.40 Hog, meat 0.04 Hog, meat byproducts 0.04 Hop, dried cones 22 Horse, fat 5.5 Horse, liver 0.85 Horse, meat 0.20 Horse, meat byproducts (except liver) 0.60 Ilama 0.30 Jaboticaba 0.30 Kohlrabi 2 Leaf petiole vegetable subgroup 22B 8 Longan 0.30 Lychee 0.30 Mango 0.30 Milk 0.30 Milk, fat 7.5 Millet, pearl, grain 1.0 Millet, proso, grain 1.0 Nut, tree, group 14-12 0.10 Onion, bulb, subgroup 3-07A 0.10 Onion, green, subgroup 3-07B 2.0 Papaya 0.30 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 860/1218 Passionfruit 0.30 Pea and bean, dried shelled, except soybean, subgroup 6C 0.04 Pea and bean, succulent shelled, subgroup 6B 0.04 Peanut 0.04 Peanut, hay 11 Peppermint, tops 3.5 Pineapple 0.04 Pineapple, processed residue 0.15 Pomegranate 0.30 Poultry, fat 0.10 Poultry, meat 0.04 Poultry, meat byproducts 0.04 Pulasan 0.30 Quinoa, grain 0.04 Rambutan 0.30 Sapodilla 0.30 Sapote, black 0.30 Sapote, mamey 0.30 Sapote, white 0.30 Sheep, fat 5.5 Sheep, liver 0.85 Sheep, meat 0.20 Sheep, meat products (except liver) 0.60 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 861/1218 Sorghum, grain, grain 1.0 Soursop 0.30 Soybean, seed 0.04 Spanish lime 0.30 Spearmint, tops 3.5 Spice, subgroup 19B, except black pepper 1.7 Star apple 0.30 Star fruit 0.30 Sugar apple 0.30 Tea, dried 70 Tea, instant 70 Ti, leaves 10 Vegetable, Brassica, head and stem, group 5-16 2 Vegetable, cucurbit, group 9 0.30 Vegetable, foliage of legume, group 7 8.0 Vegetable, fruiting, group 8-10 0.40 Vegetable, leafy, except Brassica, group 4 8.0 Vegetable, leaves of root and tuber, group 2 10 Vegetable, legume, edible podded, subgroup 6A 0.30 Vegetable, root and tuber, group 1 0.10 Watercress 8.0 Wax jambu 0.30 There are no U.S. registrations as of August 8, 2018 for use on tea. 1 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 862/1218 [72 FR 57499, Oct. 10, 2007, as amended at 73 FR 14714, Mar. 19, 2008; 74 FR 40759, Aug. 13, 2009; 80 FR 80282, Dec. 24, 2015; 83 FR 38981, Aug. 8, 2018; 86 FR 17910, Apr. 7, 2021] § 180.636 1,3-dichloropropene; tolerances for residues. Grape 0.018 [73 FR 8218, Feb. 13, 2008] § 180.637 Mandipropamid; tolerances for residues. Asparagus bean, edible podded 0.90 Basil, dried leaves 200 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registration. [Reserved] (d) Indirect and invertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the fungicide cis- and trans-1,3-dichloropropene and its metabolites cis- and trans-3-chloroacrylic acid, and cis and trans-3-chloroallyl alcohol in or on the following commodities. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of mandipropamid, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only mandipropamid (4-chloro-N-[2-[3-methoxy-4-(2-propynyloxy)phenyl]ethyl]-α-(2 propynyloxy)benzeneacetamide) in or on the commodity. Commodity Parts per million Commodity Parts per million At 86 FR 17910, Apr. 7, 2021, an entry for “Vegetable, leafy, except Brassica, Group 4” added to the table in paragraph (a). However, the entry could not be completed because no data was provided. On the same date, on the same page, an entry for “Vegetable, leafy, Group 4-16” was removed from the table in paragraph (a). However, this amendment could not be completed because this entry is not in the table in paragraph (a). EDITORIAL NOTE https://www.federalregister.gov/citation/72-FR-57499 https://www.federalregister.gov/citation/73-FR-14714 https://www.federalregister.gov/citation/74-FR-40759 https://www.federalregister.gov/citation/80-FR-80282 https://www.federalregister.gov/citation/83-FR-38981 https://www.federalregister.gov/citation/86-FR-17910 https://www.federalregister.gov/citation/73-FR-8218 https://www.federalregister.gov/citation/86-FR-17910 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 863/1218 Basil, fresh leaves 30 Bean (Phaseolus spp.), edible podded 0.90 Bean (Vigna spp.), edible podded 0.90 Cacao, dried bean 0.06 Catjang bean, edible podded 0.90 Celtuce 20 Chinese longbean, edible podded 0.90 Citrus, dried pulp 0.70 Citrus, oil 15 Cowpea, edible podded 0.90 Fennel, Florence, fresh leaves and stalk 20 French bean, edible podded 0.90 Fruit, citrus, group 10-10 0.50 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 1.4 Garden bean, edible podded 0.90 Ginseng 0.30 Goa bean, edible podded 0.90 Grape, raisin 3.0 Green bean, edible podded 0.90 Guar bean, edible podded 0.90 Hop, dried cones 50 Jackbean, edible podded 0.90 Kidney bean, edible podded 0.90 Kohlrabi 3.0 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 864/1218 Lablab bean, edible podded 0.90 Leaf petiole vegetable subgroup 22B 20 Moth bean, edible podded 0.90 Mung bean, edible podded 0.90 Navy bean, edible podded 0.90 Onion, bulb, subgroup 3-07A 0.05 Onion, green, subgroup 3-07B 4.0 Potato, wet peel 0.15 Rice bean, edible podded 0.90 Scarlet runner bean, edible podded 0.90 Snap bean, edible podded 0.90 Sword bean, edible podded 0.90 Urd bean, edible podded 0.90 Vegetable, Brassica, head and stem, group 5-16 3.0 Vegetable, cucurbit, group 9 0.6 Vegetable, fruiting, group 8-10 1.0 Vegetable, leafy, group 4-16 25 Vegetable soybean, edible podded 0.90 Vegetable, tuberous and corm, subgroup 1C 0.09 Velvet bean, edible podded 0.90 Wax bean, edible podded 0.90 Winged pea, edible podded 0.90 Yardlong bean, edible podded 0.90 There are no U.S. registrations allowing use of mandipropamid on cacao as of October 28, 2019.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 865/1218 Basil, dried 240 12/31/15 [73 FR 2816, Jan. 16, 2008, as amended at 74 FR 33169, July 10, 2009; 76 FR 55804, Sept. 9, 2011; 77 FR 74119, Dec. 13, 2012; 78 FR 76992, Dec. 20, 2013; 81 FR 17088, Mar. 28, 2016; 84 FR 10700, Mar. 22, 2019; 84 FR 57621, Oct. 28, 2019] § 180.638 Pyroxsulam; tolerances for residues. Teff, forage 0.06 Teff, grain 0.01 Teff, hay 0.01 Teff, straw 0.03 Wheat, forage 0.06 Wheat, grain 0.01 Wheat, hay 0.01 Wheat, straw 0.03 (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of mandipropamid, including its metabolites and degradates, in or on the commodities listed in the table below resulting from use of the pesticide pursuant to FFIFRA section 18 emergency exemptions. Compliance with the tolerance levels speci�ed below is to be determined by measuring only mandipropamid (4-chloro-N-[2-[3-methoxy-4-(2 propynyloxy)phenyl]ethyl]-α-(2-propynyloxy)benzeneacetamide) in or on the commodity. The tolerances expire on the date speci�ed in the table. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent tolerances. [Reserved] (a) General. Tolerances are established for residues of pyroxsulam, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only pyroxsulam, N (5,7-dimethoxy[l, 2,4]triazolo[l, 5-a]pyrimidin-2-yl)-2-methoxy-4-(tri�uoromethyl)-3 pyridinesulfonamide, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] Commodity Parts per million Expiration/revocation date Commodity Parts per million https://www.federalregister.gov/citation/73-FR-2816 https://www.federalregister.gov/citation/74-FR-33169 https://www.federalregister.gov/citation/76-FR-55804 https://www.federalregister.gov/citation/77-FR-74119 https://www.federalregister.gov/citation/78-FR-76992 https://www.federalregister.gov/citation/81-FR-17088 https://www.federalregister.gov/citation/84-FR-10700 https://www.federalregister.gov/citation/84-FR-57621 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 866/1218 [73 FR 10402, Feb. 27, 2008, as amended at 82 FR 30990, July 5, 2017; 83 FR 31895, July 10, 2018] § 180.639 Flubendiamide; tolerances for residues. Almond, hulls 9.0 Apple, wet pomace 5.0 Corn, �eld, forage 8.0 Corn, �eld, grain 0.03 Corn, �eld, stover 15 Corn, pop, grain 0.02 Corn, pop, stover 15 Corn, sweet, forage 9.0 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 25 Cotton gin byproducts 60 Cotton, undelinted seed 0.90 Fruit, pome, group 11 1.5 Fruit, stone, group 12 1.6 Grape 1.4 Nut, tree, group 14 0.06 (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of �ubendiamide, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only �ubendiamide N -[1, 1-dimethyl-2-(methylsulfonyl)ethyl]-3-iodo-N -[2-methyl-4 [1,2,2,2-tetra�uoro-1-(tri�uoromethyl)ethyl]phenyl]-1,2-benzenedicarboxamide, in or on the following commodities: 2 1 Commodity Parts per million https://www.federalregister.gov/citation/73-FR-10402 https://www.federalregister.gov/citation/82-FR-30990 https://www.federalregister.gov/citation/83-FR-31895 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 867/1218 Okra 0.30 Tea 50 Vegetable, cucurbit, group 9 0.20 Vegetable, fruiting, group 8 0.60 Vegetable, leafy, except Brassica, group 4 11 There are no U.S. registrations as of July 5, 2017, for use of �ubendiamide on tea. Alfalfa, forage 25 Alfalfa, hay 65 Artichoke, globe 1.6 Berry, low growing, subgroup 13-07G, except cranberry 1.5 Brassica, head and stem, subgroup 5A 3.0 Brassica, leafy greens, subgroup 5B 25 Cattle, fat 0.70 Cattle, meat 0.08 Cattle, meat byproducts 0.60 Egg 0.40 Fruit, small fruit vine climbing except fuzzy kiwifruit, subgroup 13-07F 1.4 Goat, fat 0.70 1 1 (2) Tolerances are established for residues of �ubendiamide, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only �ubendiamide N -[1,1-dimethyl-2-(methylsulfonyl)ethyl]-3-iodo-N -[2-methyl-4 [1,2,2,2-tetra�uoro-1-(tri�uoromethyl)ethyl]phenyl]-1,2-benzenedicarboxamide, in or on the following commodities: 2 1 Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 868/1218 Goat, meat 0.08 Goat, meat byproducts 0.60 Grain, aspirated grain fractions 153 Hog, fat 0.15 Hog, meat 0.03 Hog, meat byproducts 0.15 Horse, fat 0.70 Horse, meat 0.08 Horse, meat byproducts 0.60 Milk 0.15 Milk, fat 1.0 Pea and bean, dried shelled, except soybean, subgroup 6C 0.60 Pea and bean, succulent shelled, subgroup 6B 0.05 Peanut, hay 60 Peanut, meal 0.03 Peanut, nutmeat 0.02 Peanut, re�ned oil 0.03 Pistachio 0.06 Poultry, fat 3.0 Poultry, liver 0.60 Poultry, meat 0.10 Rice, grain 0.501 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 869/1218 Sa�ower, seed 5.0 Sheep, fat 0.70 Sheep, meat 0.08 Sheep, meat byproducts 0.60 Sorghum, grain, forage 12 Sorghum, grain, grain 5.0 Sorghum, grain, stover 14 Soybean, forage 18 Soybean, hay 60 Soybean, hulls 0.80 Soybean, seed 0.25 Sugarcane, cane 0.30 Sun�ower, seed 5.0 Turnip, greens 25 Vegetable, foliage of legume, except soybean, subgroup 7A 35 Vegetable, legume, edible podded, subgroup 6A 0.50 There are no U.S. registrations for rice, grain.1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for residues of �ubendiamide, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only �ubendiamide N2-[1, 1-dimethyl-2-(methylsulfonyl)ethyl]-3-iodo-N1-[2 methyl-4- [1,2,2,2-tetra�uoro-1-(tri�uoromethyl)ethyl]phenyl]-1, 2-benzenedicarboxamide, in or on the following commodities: Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 870/1218 Barley, hay 0.04 Barley, straw 0.07 Buckwheat 0.07 Clover, forage 0.15 Clover, hay 0.04 Grass, forage 0.15 Grass, hay 0.04 Millet, pearl, forage 0.15 Millet, pearl, hay 0.04 Millet, proso, forage 0.15 Millet, proso, hay 0.04 Millet, proso, straw 0.07 Oats, forage 0.15 Oats, hay 0.04 Oats, straw 0.07 Rye, forage 0.15 Rye, straw 0.07 Teosinte, forage 0.15 Teosinte, hay 0.04 Teosinte, straw 0.07 Triticale, forage 0.15 Triticale, hay 0.04 Triticale, straw 0.07 Wheat, forage 0.15 CommodityCommodity Parts per millionParts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 871/1218 Wheat, hay 0.03 Wheat, straw 0.03 [76 FR 16307, Mar. 23, 2011, as amended at 76 FR 55273, Sept. 7, 2011; 77 FR 73945, Dec. 12, 2012; 82 FR 30982, July 5, 2017] § 180.640 Pyridalyl; tolerances for residues. Brassica, head and stem, subgroup 5A 3.5 Mustard greens 30 Turnip greens 30 Vegetable, fruiting, group 8 1.0 Vegetables, leafy, except Brassica, group 4 20 [73 FR 25533, May 7, 2008] § 180.641 Spirotetramat; tolerances for residues. (a) General. Tolerances are established for residues of pyridalyl, pyridine,2-[3-[2,6-dichloro-4 [(3,3-dichloro-2-propenyl)oxy]phenoxy]propoxy]-5-(tri�uoromethyl, in or on the following raw agricultural commodities:) (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide spirotetramat, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of spirotetramat (cis-3-(2,5-dimethlyphenyl)-8-methoxy-2 oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl carbonate) and its metabolites cis-3-(2,5 dimethylphenyl)-4-hydroxy-8-methoxy-1-azaspiro[4.5]dec-3-en-2-one, cis-3-(2,5 dimethylphenyl)-3-hydroxy-8-methoxy-1-azaspiro[4.5]decane-2,4-dione, cis-3-(2,5 dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl beta-D Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/76-FR-16307 https://www.federalregister.gov/citation/76-FR-55273 https://www.federalregister.gov/citation/77-FR-73945 https://www.federalregister.gov/citation/82-FR-30982 https://www.federalregister.gov/citation/73-FR-25533 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 872/1218 Acerola 2.5 Almond, hulls 9.0 Artichoke, globe 1.5 Asparagus 0.10 Aspirated grain fractions 10.0 Avocado 0.60 Beet, sugar, molasses 0.30 Beet, sugar, roots 0.15 Berry, low growing, except strawberry, subgroup 13-07H 0.30 Black sapote 0.60 Brassica, head and stem, subgroup 5A 2.5 Brassica, leafy, subgroup 5B 8.0 Bushberry subgroup 13-07B 3.0 Canistel 0.60 Carrot, roots 0.15 Citrus, oil 6.0 Coffee, green bean 0.20 Coffee, instant 0.50 Corn, sweet, kernel plus cob with husks removed 1.5 Cotton gin byproducts 10.0 Cotton, undelinted seed 0.30 glucopyranoside, and cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1 azaspiro[4.5]decan-2-one, calculated as the stoichiometric equivalent of spirotetramat, in or on the following commodities. 1 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 873/1218 Feijoa 2.5 Fruit, citrus, group 10-10 0.60 Fruit, pome, group 11-10 0.70 Fruit, stone, group 12-12 4.5 Grape, raisin 3.0 Guava 2.5 Hop, dried cones 10.0 Jaboticaba 2.5 Longan 13.0 Lychee 13.0 Mamey sapote 0.60 Mango 0.60 Nut, tree, group 14-12 0.25 Papaya 0.40 Passionfruit 2.5 Persimmon 2.5 Pineapple 0.30 Pistachio 0.25 Pomegranate 0.50 Potato, �akes 1.6 Pulasan 13.0 Rambutan 13.0 Sapodilla 0.60 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 874/1218 Small fruit vine climbing subgroup, except fuzzy kiwifruit, subgroup 13-07F 1.3 Soybean forage 8.0 Soybean hay 16.0 Soybean seed 5.0 Spanish lime 13 Star apple 0.60 Starfruit 2.5 Strawberry 0.40 Taro, leaves 9.0 Vegetable, bulb, group 3-07 0.80 Vegetable, cucurbit, group 9 0.30 Vegetable, foliage of legume, except soybean, subgroup 07A 7.0 Vegetable, fruiting, group 8-10 2.5 Vegetable, leafy, except brassica, group 4 9.0 Vegetable, legume, group 06, except soybean 2.5 Vegetable, tuberous and corm, subgroup 1C 0.60 Watercress 2.0 Wax jambu 2.5 White sapote 0.60 There are no U.S. registrations for these commodities. 1 1 (2) Tolerances are also established for residues of the insecticide spirotetramat, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of spirotetramat (cis-3-(2,5-dimethlyphenyl)-8-methoxy-2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 875/1218 Cattle, fat 0.02 Cattle, meat 0.02 Cattle, meat byproducts 0.20 Eggs 0.02 Goat, fat 0.02 Goat, meat 0.02 Goat, meat byproducts 0.20 Hog, meat byproducts 0.02 Horse, fat 0.02 Horse, meat 0.02 Horse, meat byproducts 0.20 Milk 0.01 Poultry, meat byproducts 0.02 Sheep, fat 0.02 Sheep, meat 0.02 Sheep, meat byproducts 0.20 oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl carbonate]) and its metabolite cis-3-(2,5 dimethylphenyl)-4-hydroxy-8-methoxy-1-azaspiro[4.5]dec-3-en-2-one, calculated as the stoichiometric equivalent of spirotetramat, in or on the following commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registrations are established for residues of the insecticide spirotetramat, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of spirotetramat (cis-3-(2,5-dimethlyphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl carbonate) and its metabolites cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1-azaspiro[4.5]dec-3 en-2-one, cis-3-(2,5-dimethylphenyl)-3-hydroxy-8-methoxy-1-azaspiro[4.5]decane-2,4 dione, cis-3-(2,5-dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl beta-D Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 876/1218 Banana 4.0 [73 FR 39256, July 9, 2008, as amended at 76 FR 28681, May 18, 2011; 77 FR 8746, Feb. 15, 2012; 77 FR 75859, Dec. 26, 2012; 78 FR 28512, May 15, 2013; 78 FR 66651, Nov. 6, 2013; 81 FR 73347, Oct. 25, 2016; 82 FR 27149, June 14, 2017] § 180.643 Uniconazole; tolerances for residues. Vegetable, fruiting, group 8 0.01 [73 FR 51736, Sept. 5, 2008] § 180.644 Cyprosulfamide; tolerances for residues. Corn, �eld, forage 0.20 Corn, �eld, grain 0.01 Corn, �eld, stover 0.20 glucopyranoside, and cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1 azaspiro[4.5]decan-2-one, calculated as the stoichiometric equivalent of spirotetramat, in or on the following commodities. (d) Indirect or inadvertant residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide/plant growth regulator uniconazole-P, (E)-(S)-1-(4-chlorophenyl)-4,4-dimethyl-2-(1H-1,2,4-triazol-1-yl)pent-1-en-3 ol, its R-enantiomer and its Z-isomer in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertant residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide safener cyprosulfamide, N [[4-[(cyclopropylamino)carbonyl] phenyl]sulfonyl]-2-methoxybenzamide, in or on the following raw agricultural commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/73-FR-39256 https://www.federalregister.gov/citation/76-FR-28681 https://www.federalregister.gov/citation/77-FR-8746 https://www.federalregister.gov/citation/77-FR-75859 https://www.federalregister.gov/citation/78-FR-28512 https://www.federalregister.gov/citation/78-FR-66651 https://www.federalregister.gov/citation/81-FR-73347 https://www.federalregister.gov/citation/82-FR-27149 https://www.federalregister.gov/citation/73-FR-51736 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 877/1218 Corn, pop, grain 0.01 Corn, pop, stover 0.20 Corn, sweet, forage 0.40 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 0.35 Cattle, meat byproducts 0.02 Goat, meat byproducts 0.02 Horse, meat byproducts 0.02 Sheep, meat byproducts 0.02 [73 FR 60974, Oct. 15, 2008] § 180.645 Thiencarbazone-methyl; tolerances for residues. (2) Tolerances are established for residues of the herbicide safener cyprosulfamide, N [[4-[(cyclopropylamino)carbonyl] phenyl]sulfonyl]-2-methoxybenzamide, and its metabolite 4-(aminosulfonyl)-N-cyclopropylbenzamide, calculated as cyprosulfamide, in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertant residues. [Reserved] (a) (1) General. Tolerances are established for residues of the thiencarbazone-methyl, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only only thiencarbazone-methyl [methyl 4-[[[(4,5-dihydro-3-methoxy-4 methyl-5-oxo-1H-1,2,4-triazol-1-yl)-carbonyl]amino]sulfonyl]-5-methyl-3 thiophenecarboxylate] in or on the following food and feed commodities. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/73-FR-60974 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 878/1218 Corn, �eld, forage 0.04 Corn, �eld, grain 0.01 Corn, �eld, stover 0.02 Corn, pop, grain 0.01 Corn, pop, stover 0.01 Corn, sweet, forage 0.05 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 0.05 Wheat, forage 0.15 Wheat, grain 0.01 Wheat, hay 0.01 Wheat, straw 0.01 Cattle, meat 0.02 Cattle, meat byproducts 0.02 Goat, meat 0.02 Goat, meat byproducts 0.02 Horse, meat 0.02 Horse, meat byproducts 0.02 (2) Tolerances are established for residues of thiencarbazone-methyl, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of thiencarbazone-methyl [methyl 4-[[[(4,5-dihydro-3 methoxy-4-methyl-5-oxo-1H-1,2,4-triazol-1-yl)-carbonyl]amino]sulfonyl]-5-methyl-3 thiophenecarboxylate] and its metabolite BYH 18636-MMT [5-methoxy-4-methyl-2,4 dihydro-3H-1,2,4-triazol-3-one], calculated as the stoichiometric equivalent of thiencarbazone-methyl, in or on the following food commodities of animal origin: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 879/1218 Milk 0.02 Sheep, meat 0.02 Sheep, meat byproducts 0.02 Soybean, forage 0.04 Soybean, hay 0.15 [73 FR 60968, Oct. 15, 2008, as amended at 83 FR 29033, June 25, 2018] § 180.646 Ipconazole; tolerances for residues. Cotton, gin byproducts 0.01 Cotton, undelinted seed 0.01 Grain, cereal, forage, fodder and straw, group 16, except rice 0.01 Grain, cereal group 15, except rice 0.01 Peanut 0.01 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for residues of thiencarbazone-methyl, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of thiencarbazone-methyl [methyl 4-[[[(4,5 dihydro-3-methoxy-4-methyl-5-oxo-1H-1,2,4-triazol-1-yl)-carbonyl]amino]sulfonyl]-5-methyl 3-thiophenecarboxylate] and its metabolite BYH 18636-MMT-glucoside [2-hexopyranosyl 5-methoxy-4-methyl-2,4-dihydro-3H-1,2,4-triazol-3-one], calculated as the stoichiometric equivalent of thiencarbazone-methyl, in or on the following food commodities: (a) General. Tolerances are established for residues of ipconazole, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only ipconazole (2-[(4 chlorophenyl)methyl]-5-(1-methylethyl)-1-(1H-1,2,4-triazol-1-ylmethyl)cyclopentanol) in or on the commodity. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/73-FR-60968 https://www.federalregister.gov/citation/83-FR-29033 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 880/1218 Soybean, forage 0.01 Vegetable, legume, group 6 0.01 [73 FR 69559, Nov. 19, 2008, as amended at 79 FR 15240, Mar. 19, 2014] § 180.647 d-Phenothrin; tolerances for residues. [74 FR 32443, July 8, 2009] § 180.648 Meptyldinocap; tolerances for residues. Grape 0.20 [74 FR 48396, Sept. 23, 2009] § 180.649 Sa�ufenacil; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. A tolerance of 0.01 parts per million is established for residues of the insecticide d-phenothrin in or on all food/feed crops following wide-area mosquito adulticide applications. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the fungicide meptyldinocap, 2-(1-methylheptyl)-4,6-dinitrophenyl (2E)-2-butenoate and 2,4-DNOP, 2,4 dinitro-6-(1-methylheptyl)phenol expressed as meptyldinocap in or on the following commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million Commodity Parts Per Million https://www.federalregister.gov/citation/73-FR-69559 https://www.federalregister.gov/citation/79-FR-15240 https://www.federalregister.gov/citation/74-FR-32443 https://www.federalregister.gov/citation/74-FR-48396 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 881/1218 Table 1 to Paragraph (a)(1) Alfalfa, forage 0.08 Alfalfa, hay 0.10 Almond, hulls 0.10 Banana 0.03 Barley, bran 1.5 Barley, grain 1.0 Barley, straw 15 Caneberry subgroup 13-07A 0.04 Chia, seed 0.6 Chia, straw 6 Coffee, green bean 0.03 Cotton, gin byproducts 0.45 Cottonseed subgroup 20C 0.20 Fig 0.04 Fruit, citrus, group 10 0.03 Fruit, pome, group 11 0.03 Fruit, stone, group 12 0.03 (1) Tolerances are established for residues of sa�ufenacil, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of sa�ufenacil, 2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4-(tri�uoromethyl)-1(2H) pyrimidinyl]-4-�uoro-N-[[methyl(1-methylethyl)amino]sulfonyl]benzamide, and its metabolites N-[2-chloro-5-(2,6-dioxo-4-(tri�uoromethyl)-3,6-dihydro-1(2H) pyrimidinyl)-4-�uorobenzoyl]-N′-isopropylsulfamide and N-[4-chloro-2-�uoro-5 ({[(isopropylamino)sulfonyl]amino}carbonyl)phenyl]urea, calculated as the stoichiometric equivalent of sa�ufenacil, in or on the commodities. 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 882/1218 Grain, aspirated grain fractions 50 Grain, cereal, forage, fodder and straw group 16 (except barley and wheat straw) 0.10 Grain, cereal, group 15 (except barley and wheat grain) 0.03 Grape 0.03 Grass, forage 15 Grass, hay 20 Grass, seed screenings 0.15 Grass, straw 0.15 Mango 0.03 Nut, tree, group 14 0.03 Olive 0.03 Pea and bean, dried shelled, except soybean, subgroup 6C 0.30 Pea and bean, succulent shelled, subgroup 6B 0.03 Pea, hay 17 Pistachio 0.03 Pomegranate 0.03 Rapeseed subgroup 20A 0.45 Soybean, hulls 0.50 Soybean, seed 0.10 Sugarcane, cane 0.05 Sugarcane, molasses 0.08 Sun�ower subgroup 20B 1.0 1 2 2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 883/1218 Vegetable, foliage of legume, group 7 (except pea, hay) 0.10 Vegetable, legume, edible podded, subgroup 6A 0.03 Wheat, grain 0.60 Wheat, straw 6.0 No U.S. registration as of December 7, 2011. No U.S. registration as of February 21, 2014. Cattle, fat 0.04 Cattle, liver 50 Cattle, meat 0.02 Cattle, meat byproducts, except liver 0.30 Fish-freshwater �n�sh 0.01 Fish-shell�sh, crustacean 0.01 Goat, fat 0.04 Goat, liver 50 Goat, meat 0.02 Goat, meat byproducts, except liver 0.30 Hog, fat 0.01 Hog, liver 2.0 1 2 (2) Tolerances are established for residues of sa�ufenacil, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only sa�ufenacil, 2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4-(tri�uoromethyl)-1(2H)-pyrimidinyl]-4 �uoro-N-[[methyl(1-methylethyl)amino]sulfonyl]benzamide, in or on the commodities. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 884/1218 Hog, meat 0.01 Hog, meat byproducts, except liver 0.02 Horse, fat 0.04 Horse, liver 50 Horse, meat 0.02 Horse, meat byproducts, except liver 0.30 Milk 0.01 Sheep, fat 0.04 Sheep, liver 50 Sheep, meat 0.02 Sheep, meat byproducts, except liver 0.30 [74 FR 46689, Sept. 11, 2009, as amended at 76 FR 27261, May 11, 2011; 76 FR 76309, Dec. 7, 2011; 79 FR 9866, Feb. 21, 2014; 79 FR 52219, Sept. 3, 2014; 80 FR 22420, Apr. 22, 2015; 80 FR 73667, Nov. 25, 2015; 85 FR 60365, Sept. 25, 2020] § 180.650 Isoxaben; tolerances for residues. Almond, hulls 0.40 Apple 0.01 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide isoxaben, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only isoxaben, N-[3-(1-ethyl-1-methylpropyl)-5-isoxazolyl]-2, 6-dimethoxybenzamide, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/74-FR-46689 https://www.federalregister.gov/citation/76-FR-27261 https://www.federalregister.gov/citation/76-FR-76309 https://www.federalregister.gov/citation/79-FR-9866 https://www.federalregister.gov/citation/79-FR-52219 https://www.federalregister.gov/citation/80-FR-22420 https://www.federalregister.gov/citation/80-FR-73667 https://www.federalregister.gov/citation/85-FR-60365 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 885/1218 Bushberry subgroup 13-07B 0.01 Caneberry subgroup 13-07A 0.01 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.01 Hop, dried cones 0.01 Nut, tree, group 14-12 0.02 [75 FR 69360, Nov. 12, 2010, as amended at 83 FR 5312, Feb. 7, 2018; 85 FR 29344, May 15, 2020] § 180.651 Imazosulfuron; tolerances for residues. Melon subgroup 9A 0.02 Pepper, bell 0.02 Pepper, non-bell 0.02 Rice, grain 0.02 Tomato 0.02 Vegetable, tuberous and corm, subgroup 1C 0.02 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the herbicide imazosulfuron, including its metabolites and degradates, in or on the following commodities. Compliance with the tolerance levels speci�ed in the following table below is to be determined by measuring only imazosulfuron, 2-chloro-N-[[(4,6-dimethoxy-2-pyrimidinyl)amino]carbonyl]imidazo [1,2-α]pyridine-3-sulfonamide, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/75-FR-69360 https://www.federalregister.gov/citation/83-FR-5312 https://www.federalregister.gov/citation/85-FR-29344 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 886/1218 [75 FR 81884, Dec. 29, 2010, as amended at 78 FR 44444, July 24, 2013] § 180.652 Ethiprole; tolerances for residues. Coffee, green bean 0.1 Rice, grain 1.7 Tea, dried 30 There are no U.S. registrations for this commodity as of June 28, 2019. [76 FR 18921, Apr. 6, 2011, as amended at 84 FR 30939, June 28, 2019] § 180.653 Indazi�am; tolerances for residues. Table 1 to Paragraph (a)(1) Almond, hulls 0.15 Bushberry subgroup 13-07B 0.01 (a) General. Tolerances are established for residues of ethiprole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only ethiprole, 5-amino-1-[2,6 dichloro-4-(tri�uoromethyl)phenyl]-4-(ethylsul�nyl)-1H-pyrazole-3-carbonitrile. 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide indazi�am, N-[(1R,2S)-2,3 dihydro-2,6-dimethyl-1H-inden-1-yl]-6-(1-�uoroethyl)-1,3,5-triazine-2,4-diamine, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only indazi�am and FDAT, 6-[(1R)-1-�uoroethyl]-1,3,5 triazine-2,4-diamine, calculated as the stoichiometric equivalent of indazi�am, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/75-FR-81884 https://www.federalregister.gov/citation/78-FR-44444 https://www.federalregister.gov/citation/76-FR-18921 https://www.federalregister.gov/citation/84-FR-30939 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 887/1218 Caneberry subgroup 13-07A 0.01 Coffee, green bean 0.01 Fruit, citrus, group 10-10 0.01 Fruit, pome, group 11-10 0.01 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.01 Fruit, stone, group 12-12 0.01 Fruit, tropical and subtropical, edible peel, group 23 0.01 Fruit, tropical and subtropical, inedible peel, group 24 0.01 Grass, forage, fodder and hay, group 17, forage 30 Grass, forage, fodder and hay, group 17, hay 10 Hop, dried cones 0.06 Nut, tree, group 14-12 0.01 Palm, oil 0.03 Sugarcane, cane 0.01 No U.S. Registrations as of 12/02/2013. Table 2 to Paragraph (a)(2) Cattle, fat 0.07 1 1 (2) Tolerances are established for residues of the herbicide indazi�am, N-[(1R,2S)-2,3 dihydro-2,6-dimethyl-1H-inden-1-yl]-6-(1-�uoroethyl)-1,3,5-triazine-2,4-diamine, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only indazi�am in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 888/1218 Cattle, meat 0.01 Cattle, meat byproducts 0.2 Goat, fat 0.07 Goat, meat 0.01 Goat, meat byproducts 0.2 Horse, fat 0.07 Horse, meat 0.01 Horse, meat byproducts 0.2 Milk 0.01 Milk, fat 0.25 Sheep, fat 0.07 Sheep, meat 0.01 Sheep, meat byproducts 0.2 [76 FR 18905, Apr. 6, 2011, as amended at 79 FR 4630, Jan. 29, 2014; 82 FR 30987, July 5, 2017; 83 FR 8002, Feb. 23, 2018; 84 FR 54516, Oct. 10, 2019; 85 FR 37762, June 24, 2020] § 180.654 Isopyrazam; tolerances for residues. (b) [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide isopyrazam, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only isopyrazam (3-(di�uoromethyl)-1-methyl-N-[1,2,3,4-tetrahydro-9-(1 methylethyl)-1,4-methano-naphthalen-5-yl]-1H-pyrazole-4-carboxamide), as the sum of its syn-isomer (3-(di�uoromethyl)-1-methyl-N-[(1RS, 4SR, 9RS)-1,2,3,4-tetrahydro-9-(1 methylethyl)-1,4-methanonaphthalen-5-yl]-1H-pyrazole-4-carboxamide) and anti-isomer (3 (di�uoromethyl)-1-methyl-N-[(1RS, 4SR, 9SR)-1,2,3,4-tetrahydro-9-(1-methylethyl)-1,4 methano-naphthalen-5-yl]-1H-pyrazole-4-carboxamide) in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/76-FR-18905 https://www.federalregister.gov/citation/79-FR-4630 https://www.federalregister.gov/citation/82-FR-30987 https://www.federalregister.gov/citation/83-FR-8002 https://www.federalregister.gov/citation/84-FR-54516 https://www.federalregister.gov/citation/85-FR-37762 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 889/1218 Apple 0.70 Banana 0.05 Peanut 0.01 Pepper, bell 0.50 Tomato 0.50 Vegetable, cucurbit, subgroup 9A 0.30 There are no U.S. registrations for use of isopyrazam on these commodities. [76 FR 61596, Oct. 5, 2011, as amended at 78 FR 78745, Dec. 27, 2013; 82 FR 24075, May 25, 2017] § 180.655 Flazasulfuron; tolerances for residues. Almond, hulls 0.01 Fruit, citrus, group 10-10 0.01 Grape 0.01 Nut, tree, group 14-12 0.01 Olive 0.01 Sugarcane 0.01 1 1 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of �azasulfuron, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �azasulfuron (N-[[(4,6-dimethoxy-2-pyrimidinyl)amino]carbonyl]-3-(tri�uoromethyl)-2 pyridinesulfonamide). (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] CommodityCommodity Parts per millionParts per million Commodity Parts per million https://www.federalregister.gov/citation/76-FR-61596 https://www.federalregister.gov/citation/78-FR-78745 https://www.federalregister.gov/citation/82-FR-24075 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 890/1218 [77 FR 10968, Feb. 24, 2012, as amended at 79 FR 52989, Sept. 5, 2014; 82 FR 24066, May 25, 2017] § 180.656 Amisulbrom; tolerances for residues. Grape 0.40 Grape, raisin 1.0 Tomato 0.50 Tomato, paste 1.2 There is no U.S. registration for use of amisulbrom on grape or tomato. [76 FR 59914, Sept. 28, 2011] § 180.657 Meta�umizone; tolerances for residues. Table 1 to Paragraph (a)(1) Almond, hulls 0.04 (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide amisulbrom, including its metabolites and degradates, in or on the commodities listed below. Compliance with the tolerance levels is to be determined by measuring only amisulbrom, 3-[(3-bromo-6 �uoro-2-methyl-1H-indole-1-yl) sulfonyl]-N, N-dimethyl-1H-1, 2, 4-triazole-1-sulfonamide]. 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide meta�umizone, including its metabolites and degradates, in or on the commodities listed in table 1 to this paragraph (a)(1). Compliance with the tolerance levels speci�ed in this paragraph (a) (1) is to be determined by measuring only the sum of meta�umizone (E and Z isomers; 2-[2-(4-cyanophenyl)-1-[3-(tri�uoromethyl) phenyl]ethylidene]-N-[4 (tri�uoromethoxy)phenyl] hydrazinecarboxamide) and its metabolite 4-{2-oxo-2-[3 (tri�uoromethyl) phenyl]ethyl}-benzonitrile, calculated as the stoichiometric equivalent of meta�umizone, in or on the following commodities: Commodity1 Parts per million Commodity Parts per million https://www.federalregister.gov/citation/77-FR-10968 https://www.federalregister.gov/citation/79-FR-52989 https://www.federalregister.gov/citation/82-FR-24066 https://www.federalregister.gov/citation/76-FR-59914 https://www.ecfr.gov/current/title-40/section-180.657#p-180.657(a)(1) https://www.ecfr.gov/current/title-40/section-180.657#p-180.657(a)(1) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 891/1218 Apple 0.9 Apple, wet pomace 3 Coffee, green bean 1 0.15 Eggplant 1.5 Fruit, pome, group 11-10, except apple 0.04 Grape 5 Grape, raisin 13 Grapefruit subgroup 10-10C 0.04 Lemon/lime subgroup 10-10B 3 Lemon/lime subgroup 10-10B, oil 100 Melon subgroup 9A 1 1 Nut, tree, group 14-12 0.04 Orange subgroup 10-10A 3 Orange subgroup 10-10A, oil 100 Pepper 1.5 Tomato 0.60 Tomato, paste 1.2 There are no U.S. registrations for this commodity as of April 19, 2021. Table 2 to Paragraph (a)(2) 1 1 1 1 1 (2) Tolerances are established for residues of the insecticide meta�umizone, including its metabolites and degradates, in or on the commodities listed in table 2 to this paragraph (a)(2). Compliance with the tolerance levels speci�ed in this paragraph (a) (2) is to be determined by measuring only meta�umizone (E and Z isomers; 2-[2-(4 cyanophenyl)-1-[3-(tri�uoromethyl) phenyl]ethylidene]-N-[4-(tri�uoromethoxy)phenyl] hydrazinecarboxamide) in or on the following animal commodities: Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.657#p-180.657(a)(2) https://www.ecfr.gov/current/title-40/section-180.657#p-180.657(a)(2) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 892/1218 Cattle, fat 0.15 Goat, fat 0.15 Horse, fat 0.15 Milk, fat 0.6 Sheep, fat 0.15 [77 FR 10386, Feb. 22, 2012, as amended at 79 FR 18810, Apr. 4, 2014; 80 FR 66800, Oct. 30, 2015; 86 FR 20293, Apr. 19, 2021] § 180.658 Penthiopyrad; tolerances for residues. Table 1 to Paragraph (a)(1) Alfalfa, forage 7.0 Alfalfa, hay 20 Almond, hulls 6.0 Apple, wet pomace 1.5 Barley, grain 0.15 Barley, hay 80 Barley, milled byproducts 0.90 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of penthiopyrad, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only penthiopyrad (N-[2-(1,3-dimethylbutyl)-3-thienyl]-1-methyl-3-(tri�uoromethyl)-1H-pyrazole-4 carboxamide). Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/77-FR-10386 https://www.federalregister.gov/citation/79-FR-18810 https://www.federalregister.gov/citation/80-FR-66800 https://www.federalregister.gov/citation/86-FR-20293 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 893/1218 Barley, straw 1.0 Beet, sugar, dried pulp 1.5 Beet, sugar, roots 0.5 Berry, low growing, subgroup 13-07G 3.0 Brassica, leafy greens, subgroup 4-16B 50 Buckwheat, grain 0.15 Bushberry subgroup 13-07B 6 Caneberry subgroup 13-07A 10 Celtuce 30 Corn, �eld, forage 40 Corn, �eld, grain 0.01 Corn, �eld, re�ned oil 0.05 Corn, �eld, stover 15 Corn, pop, grain 0.01 Corn, sweet, kernel plus cob with husks removed 0.01 Cotton, gin byproducts 15 Fennel, Florence, fresh leaves and stalk 30 Fruit, pome, group 11-10 0.50 Fruit, stone, group 12-12 4 Grain, aspirated fractions 30 Kohlrabi 5 Leaf petiole vegetable subgroup 22B 30 Leafy greens subgroup 4-16A 30 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 894/1218 Millet, spp. 0.80 Nut, tree, group 14 0.06 Nut, tree, group 14-12 0.05 Oat, forage 40 Oat, grain 0.15 Oat, hay 80 Oat, straw 1.0 Oilseed group 20 1.5 Pea and bean, dried shelled, except soybean, subgroup 6C 0.40 Peanut 0.04 Peanut, hay 30 Peanut, re�ned oil 0.06 Persimmon 3 Pistachio 0.06 Potato, processed potato waste 0.20 Rye, forage 40 Rye, grain 0.15 Rye, straw 1.0 Sorghum, forage 40 Sorghum, grain, grain 0.80 Sorghum, stover 15 Soybean, seed 0.40 1 2 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 895/1218 Teosinte, grain 0.15 Tomato, paste 3.5 Triticale, forage 40 Triticale, grain 0.15 Triticale, hay 80 Triticale, straw 1.0 Vegetable, brassica, head and stem, group 5-16 5 Vegetable, bulb, group 3-07 3.0 Vegetable, cucurbit, group 9 0.60 Vegetable, foliage of legume, group 7, hay 200 Vegetable, foliage of legume, group 7, vines/forage 50 Vegetable, fruiting, group 8-10 3.0 Vegetable, leaves of root and tuber, group 2 50 Vegetable, legume, edible podded, subgroup 6A 4.0 Vegetable, legume, succulent shelled, subgroup 6B 0.40 Vegetable, root, subgroup 1B, except sugar beet 3.0 Vegetable, tuber and corm, subgroup 1C 0.06 Wheat, forage 40 Wheat, grain 0.15 Wheat, hay 80 Wheat, milled byproducts 0.30 Wheat, straw 1.0 This tolerance expires on December 6, 2019.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 896/1218 There are no U.S. registrations for this commodity as of April 7, 2021. Cattle, fat 0.03 Cattle, meat 0.03 Cattle, meat byproducts 0.09 Goat, fat 0.03 Goat, meat 0.03 Goat, meat byproducts 0.09 Horse, fat 0.03 Horse, meat 0.03 Horse, meat byproducts 0.09 Milk 0.02 Sheep, fat 0.03 Sheep, meat 0.03 Sheep, meat byproducts 0.09 [77 FR 14297, Mar. 9, 2012, as amended at 84 FR 26359, June 6, 2019; 86 FR 17920, Apr. 7, 2021] § 180.659 Pyroxasulfone; tolerances for residues. 2 (2) Tolerances are established for residues of penthiopyrad, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of penthiopyrad (N-[2-(1,3-dimethylbutyl)-3-thienyl]-1-methyl-3-(tri�uoromethyl)-1H pyrazole-4-carboxamide) and its metabolite (1-methyl-3-tri�uoromethyl-1H-pyrazole 4-carboxamide), calculated as the stoichiometric equivalent of penthiopyrad, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Commodity Parts per million https://www.federalregister.gov/citation/77-FR-14297 https://www.federalregister.gov/citation/84-FR-26359 https://www.federalregister.gov/citation/86-FR-17920 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 897/1218 Corn, �eld, grain 0.02 Corn, pop, grain 0.015 Corn, sweet, kernel plus cob with husks removed 0.015 Cottonseed, subgroup 20C 0.04 Wheat, grain 0.03 Corn, �eld, forage 0.09 Corn, �eld, stover 0.15 Corn, pop, stover 0.15 Corn, sweet, forage 0.10 Corn, sweet, stover 0.15 Cotton, gin byproducts 0.20 Soybean, forage 1.0 Soybean, hay 2.0 (1) Tolerances are established for residues of the herbicide pyroxasulfone, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of pyroxasulfone, 3-[[[5-(di�uoromethoxy)-1-methyl-3 (tri�uoromethyl)-1H-pyrazol-4-yl]methyl]sulfonyl]-4,5-dihydro-5,5-dimethylisoxazole, and its metabolite, 5-(di�uoromethoxy)-1-methyl-3-(tri�uoromethyl)-1H-pyrazol-4 carboxylic acid (M-3), calculated as the stoichiometric equivalent of pyroxasulfone, in or on the commodity. (2) Tolerances are established for residues of the herbicide pyroxasulfone, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of pyroxasulfone, 3-[[[5-(di�uoromethoxy)-1-methyl-3 (tri�uoromethyl)-1H-pyrazol-4-yl]methyl]sulfonyl]-4,5-dihydro-5,5-dimethylisoxazole, and its metabolites, 5-(di�uoromethoxy)-1-methyl-3-(tri�uoromethyl)-1H-pyrazol-4 yl]methanesulfonic acid (M-1); 5-(di�uoromethoxy)-1-methyl-3-(tri�uoromethyl)-1H pyrazol-4-carboxylic acid (M-3); and [5-(di�uoromethoxy)-3-(tri�uoromethyl)-1H pyrazol-4-yl]methanesulfonic acid (M-25), calculated as the stoichiometric equivalent of pyroxasulfone, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 898/1218 Wheat, forage 6.0 Wheat, hay 1.0 Wheat, straw 0.60 Soybean, seed 0.06 Milk 0.003 (3) Tolerances are established for residues of the herbicide pyroxasulfone, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of pyroxasulfone, 3-[[[5-(di�uoromethoxy)-1-methyl-3 (tri�uoromethyl)-1H-pyrazol-4-yl]methyl]sulfonyl]-4,5-dihydro-5,5-dimethylisoxazole, and its metabolites, 5-(di�uoromethoxy)-1-methyl-3-(tri�uoromethyl)-1H-pyrazol-4 carboxylic acid (M-3); [5-(di�uoromethoxy)-3-(tri�uoromethyl)-1H-pyrazol-4 yl]methanesulfonic acid (M-25); and 3-[1-carboxy-2-(5,5-dimethyl-4,5 dihydroisoxazol-3-ylthio)ethylamino]-3-oxopropanoic acid (M-28), calculated as the stoichiometric equivalent of pyroxasulfone, in or on the commodity. (4) Tolerances are established for residues of the herbicide pyroxasulfone, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only the sum of pyroxasulfone [3-[[[5-(di�uoromethoxy)-1 methyl-3-(tri�uoromethyl)-1H-pyrazol-4-yl]methyl]sulfonyl]-4,5-dihydro-5,5 dimethylisoxazole] and its metabolites [5-(di�uoromethoxy)-1-methyl-3 (tri�uoromethyl)-1H-pyrazol-4-yl]methanesulfonic acid (M-1) and 5 (di�uoromethoxy)-1-methyl-3-(tri�uoromethyl)-1H-pyrazol-4-carboxylic acid (M-3), calculated as the stoichiometric equivalent of pyroxasulfone, in or on the commodity. (5) Tolerances are established for residues of the herbicide pyroxasulfone, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of pyroxasulfone (3-[(5-di�uoromethoxy-1-methyl-3 (tri�uoromethyl)pyrazol-4-ylmethylsulfonyl]-4,5-dihydro-5,5-dimethyl-1,2-oxazole), and its metabolites, M-1 (5-di�uoromethoxy-1-methyl-3-tri�uoromethyl-1H-pyrazol-4 yl) methanesulfonic acid), M-3 (5-di�uoromethoxy-1-methyl-3-tri�uoromethyl-1H pyrazol-4-carboxylic acid), M-25 (5-di�uoromethoxy-3-tri�uoromethyl-1H-pyrazol-4 yl)methanesulfonic acid) and M-28 (3-[1-carboxy-2-(5,5-dimethyl-4,5-dihydroisoxazol 3-ylthio)ethylamino]-3-oxopropanoic acid) calculated as the stoichiometric equivalent of pyroxasulfone, in or on the following commodities: Commodity Parts per million Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 899/1218 Flax, seed 0.07 Leaf petiole vegetable subgroup 22B 0.80 Pea and bean, dried shelled, except soybean, subgroup 6C 0.15 Peanut 0.30 Peanut, hay 4.0 Peanut, meal 0.40 Potato, granules/�akes 0.20 Peppermint, fresh leaves 0.20 Peppermint, oil 0.70 Soybean, vegetable, succulent shelled 0.40 Spearmint, fresh leaves 0.20 Spearmint, oil 0.70 Sun�ower subgroup 20B 0.30 Vegetable, bulb, group 3-07 0.15 Vegetable, foliage of legume, except soybean, subgroup 7A 3.0 Vegetable, soybean, edible podded 0.40 Vegetable, tuberous and corm, subgroup 1C 0.08 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerance with regional registrations. Tolerances are established for residues of the herbicide pyroxasulfone, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of pyroxasulfone (3-[(5-di�uoromethoxy-1 methyl-3-(tri�uoromethyl)pyrazol-4-ylmethylsulfonyl]-4,5-dihydro-5,5-dimethyl-1,2 oxazole), and its metabolites, M-1 (5-di�uoromethoxy-1-methyl-3-tri�uoromethyl-1H pyrazol-4-yl)methanesulfonic acid), M-3 (5-di�uoromethoxy-1-methyl-3-tri�uoromethyl-1H pyrazol-4-carboxylic acid), M-25 (5-di�uoromethoxy-3-tri�uoromethyl-1H-pyrazol-4 yl)methanesulfonic acid) and M-28 (3-[1-carboxy-2-(5,5-dimethyl-4,5-dihydroisoxazol-3 ylthio)ethylamino]-3-oxopropanoic acid) calculated as the stoichiometric equivalent of pyroxasulfone, in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 900/1218 Grass, forage 0.50 Grass, hay 1.0 [77 FR 12213, Feb. 29, 2012, as amended at 78 FR 13257, Feb. 27, 2013; 78 FR 46279, July 31, 2013; 79 FR 34633, June 18, 2014; 82 FR 18235, Apr. 18, 2017; 83 FR 22859, May 17, 2018; 83 FR 54264, Oct. 29, 2018] § 180.660 Pyriofenone; tolerances for residues. Table 1 to Paragraph (a) Berry, low growing, subgroup 13-07G (except cranberry) 0.50 Bushberry subgroup 13-07B 1.5 Caneberry subgroup 13-07A 0.90 Fruit, small vine climbing subgroup 13-07D 1.5 Fruit, small vine climbing subgroup 13-07E, except grape 1.5 Grape 0.8 Grape, raisin 2.5 Vegetables, cucurbit, crop group 9 0.30 Vegetable, fruiting, group 8-10 0.3 This tolerance expires on October 6, 2021. (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide pyriofenone, including its metabolites and degradates, in or on the following commodities listed in the table. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only pyriofenone, (5-chloro-2-methoxy-4-methyl-3-pyridinyl)(2,3,4-trimethoxy-6 methylphenyl) methanone, in or on the following commodities: 1 1 (b) Section 18 emergency exemptions. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/77-FR-12213 https://www.federalregister.gov/citation/78-FR-13257 https://www.federalregister.gov/citation/78-FR-46279 https://www.federalregister.gov/citation/79-FR-34633 https://www.federalregister.gov/citation/82-FR-18235 https://www.federalregister.gov/citation/83-FR-22859 https://www.federalregister.gov/citation/83-FR-54264 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 901/1218 [77 FR 13506, Mar. 7, 2012, as amended at 82 FR 18240, Apr. 18, 2017; 84 FR 24987, May 30, 2019; 86 FR 17548, Apr. 5, 2021] § 180.661 Fluopyram; tolerances for residues. Almond, hulls 10 Artichoke, globe 4.0 Banana 1.0 Bean, dry 0.70 Beet, sugar 0.10 Berry, low growing, except cranberry, subgroup 13-07G 2.0 Brassica, head and stem, subgroup 5A 4.0 Brassica, leafy greens, subgroup 5B 50 Bushberry subgroup 13-07B 7.0 Caneberry subgroup 13-07A 5.0 Cherry subgroup 12-12A 2.0 Citrus, oil 8.0 Corn, �eld, grain 0.02 Corn, pop, grain 0.02 Corn, sweet, kernel plus cob with husks removed 0.01 (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the fungicide Fluopyram, N-[2-[3-chloro-5 (tri�uoromethyl)-2-pyridinyl]ethyl]-2-(tri�uoromethyl)benzamide, including its metabolites and degradates in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only �uopyram in or on the commodity. 1 Commodity Parts per million https://www.federalregister.gov/citation/77-FR-13506 https://www.federalregister.gov/citation/82-FR-18240 https://www.federalregister.gov/citation/84-FR-24987 https://www.federalregister.gov/citation/86-FR-17548 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 902/1218 Cotton, gin byproducts 30 Cottonseed subgroup 20C 0.80 Cranberry 2 Dill, seed 70 Fruit, citrus, group 10-10 1.0 Fruit, pome, group 11-10 0.80 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13 07F 2.0 Grain, aspirated grain fractions 50 Grain, cereal, forage, fodder and straw, group 16 20 Grain, cereal, group 15, except corn and rice 4.0 Grape, raisin 3.0 Herb subgroup 19A 40 Hop, dried cones 60 Leafy greens subgroup 4A 40 Leafy petioles subgroup 4B 20 Lentil, dry seed 0.7 Melon subgroup 9A 1.0 Nut, tree, group 14-12 0.05 Onion, bulb, subgroup 3-07A 0.40 Onion, green, subgroup 3-07B 15 Pea, dry seed 0.7 Pea and bean, succulent shelled, subgroup 6B 0.20 1 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 903/1218 Peach subgroup 12-12B 1.0 Peanut 0.20 Pepper/eggplant subgroup 8-10B 4.0 Plum subgroup 12-12C 0.50 Potato, wet peel 0.30 Rapeseed subgroup 20A 5.0 Soybean, seed 0.30 Squash/cucumber subgroup 9B 0.60 Sun�ower subgroup 20B 0.70 Tomato subgroup 8-10A 1.0 Vegetable, leaves of root and tuber, group 2 30 Vegetable, legume, edible podded, subgroup 6A 4.0 Vegetable, root, except sugar beet, subgroup 1B 0.30 Vegetable, tuberous and corm, subgroup 1C 0.10 There are no U.S. registrations. Cattle, fat 0.70 Cattle, meat 0.80 Cattle, meat byproducts 7.5 1 (2) Tolerances are established for residues of the fungicide �uopyram, N-[2-[3-chloro-5 (tri�uoromethyl)-2-pyridinyl]ethyl]-2-(tri�uoromethyl)benzamide, including its metabolites and degradates. Compliance with the tolerance levels speci�ed in the table below is to be determined by measuring only the sum of �uopyram and its metabolite, 2-(tri�uoromethyl)benzamide, calculated as the stoichiometric equivalent of �uopyram, in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 904/1218 Egg 0.08 Goat, fat 0.70 Goat, meat 0.80 Goat, meat byproducts 7.5 Hog, fat 0.20 Hog, meat 0.02 Hog, meat byproducts 0.20 Horse, fat 0.70 Horse, meat 0.80 Horse, meat byproducts 7.5 Milk 0.40 Poultry, fat 0.04 Poultry, meat 0.04 Poultry, meat byproducts 0.20 Sheep, fat 0.70 Sheep, meat 0.80 Sheep, meat byproducts 7.5 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(1), are established for indirect or inadvertent residues of fungicide �uopyram, N [2-[3-chloro-5-(tri�uoromethyl)-2-pyridinyl]ethyl]-2-(tri�uoromethyl)benzamide, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only �uopyram in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(1) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 905/1218 Sugarcane, cane 0.08 Alfalfa, forage 0.45 Alfalfa, hay 1.1 Soybean, seed 0.10 [81 FR 12023, Mar. 8, 2016, as amended at 84 FR 31213, July 1, 2019] § 180.662 Trinexapac-ethyl; tolerances for residues. Barley, bran 2.5 Barley, grain 2.0 Barley, hay 0.8 Barley, straw 0.4 Cattle, fat 0.02 Cattle, meat 0.02 (d) Indirect or inadvertent residues. It is recommended that tolerances be established for indirect or inadvertent residues of fungicide �uopyram, N-[2-[3-chloro-5 (tri�uoromethyl)-2-pyridinyl]ethyl]-2-(tri�uoromethyl)benzamide, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only �uopyram in or on the commodity. (a) General. Tolerances are established for residues of the plant growth regulator, trinexapac ethyl, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the free and conjugated forms of both trinexapac-ethyl, ethyl 4 (cyclopropylhydroxymethylene)-3,5-dioxocyclohexanecarboxylate and trinexapac, 4 (cyclopropylhydroxymethylene)-3,5-dioxocyclohexanecarboxylic acid, calculated as the stoichiometric equivalent of trinexapac-ethyl, in or on the commodity. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/81-FR-12023 https://www.federalregister.gov/citation/84-FR-31213 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 906/1218 Cattle, meat byproducts 0.04 Goat, fat 0.02 Goat, meat 0.02 Goat, meat byproducts 0.04 Grass, forage 1.5 Grass, hay 4.0 Grass, seed screenings 40.0 Grass, straw 10.0 Hog, fat 0.02 Hog, meat 0.02 Hog, meat by-products 0.03 Horse, fat 0.02 Horse, meat 0.02 Horse, meat byproducts 0.04 Oat, forage 1.0 Oat, grain 4.0 Oat, hay 1.5 Oat, straw 0.9 Poppy, seed imported 8 Rice, bran 1.5 Rice, grain 0.4 Rice, straw 0.07 Rice, wild, grain 0.4 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 907/1218 Rye, bran 6.0 Rye, grain 4.0 Rye, hay 1.5 Rye, straw 0.9 Sheep, fat 0.02 Sheep, meat 0.02 Sheep, meat byproducts 0.04 Sugarcane, cane 1.5 Sugarcane, molasses 5 Wheat, bran 6.0 Wheat, forage 1.0 Wheat, grain 4.0 Wheat, hay 1.5 Wheat, middlings 10.5 Wheat, straw 0.9 [77 FR 12745, Mar. 2, 2012, as amended at 77 FR 60919, Oct. 3, 2012; 80 FR 28848, May 20, 2015; 83 FR 11422, Mar. 15, 2018; 85 FR 70064, Nov. 4, 2020] § 180.663 Ametoctradin; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide ametoctradin, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only ametoctradin (5-ethyl-6-octyl[1,2,4]triazolo[1,5-a]pyrimidin-7-amine). Commodity Parts per million https://www.federalregister.gov/citation/77-FR-12745 https://www.federalregister.gov/citation/77-FR-60919 https://www.federalregister.gov/citation/80-FR-28848 https://www.federalregister.gov/citation/83-FR-11422 https://www.federalregister.gov/citation/85-FR-70064 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 908/1218 Brassica, head and stem, subgroup 5A 9.0 Brassica, leafy greens, subgroup 5B 50 Grape 4.0 Grape, raisin 8.0 Hop, dried cones 100 Onion, bulb, subgroup 3-07A 1.5 Onion, green, subgroup 3-07B 20.0 Spinach 50.0 Vegetable, cucurbit, group 9 3.0 Vegetable, fruiting, group 8-10 1.5 Vegetable, leafy, except Brassica, group 4, except spinach 40.0 Vegetable, tuberous and corm, subgroup 1C 0.05 [77 FR 21734, May 9, 2012, as amended at 82 FR 34877, July 27, 2017] § 180.664 Pen�ufen; tolerances for residues. Alfalfa, forage 0.01 Alfalfa, hay 0.01 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide pen�ufen, including its metabolites and degradates, in or on the following commodities listed in the table. Compliance with the tolerance levels speci�ed in the table is to be determined by measuring only pen�ufen N-[2-(1,3-dimethylbutyl)phenyl]-5-�uoro-1,3-dimethyl-1H pyrazole-4-carboxamide, in or on the following commodities. CommodityCommodity Parts per million Parts per million Commodity Parts per million https://www.federalregister.gov/citation/77-FR-21734 https://www.federalregister.gov/citation/82-FR-34877 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 909/1218 Beet, sugar, roots 0.01 ppm Beet, sugar, tops 0.01 ppm Cotton, gin by-products 0.01 Grain cereal, forage, fodder and straw, group 16 0.01 Grain, cereal, group 15 0.01 Oilseed, group 20 0.01 Vegetable, bulb, group 3-07 0.01 ppm Vegetable, foliage of legume, group 7 0.01 Vegetable, legume, group 6 0.01 Vegetable, tuberous and corm subgroup 1C 0.01 [77 FR 28281, May 14, 2012, as amended at 81 FR 72007, Oct. 19, 2016] § 180.665 Sedaxane; tolerances for residues. Beet, sugar, roots 0.01 Canola, seed 0.01 Cotton, gin byproducts 0.01 Cotton, undelinted seed 0.01 Grain, cereal, forage, fodder and straw, group 16 0.10 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide sedaxane, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only sedaxane, N-[2-[1,1′-bicyclopropyl]-2-ylphenyl]-3-(di�uoromethyl)-1-methyl-1H pyrazole-4-carboxamide, as the sum of its cis- and trans-isomers in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/77-FR-28281 https://www.federalregister.gov/citation/81-FR-72007 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 910/1218 Grain, cereal, group 15 0.01 Peanut 0.01 Peanut, hay 0.08 Potato 0.02 Potato, wet peel 0.075 Rapeseed, subgroup 20A 0.01 Soybean, forage 0.05 Soybean, hay 0.04 Soybean, seed 0.01 Vegetable, foliage of legume, except soybean, subgroup 7A 0.01 Vegetable, legume, group 6 0.01 [77 FR 36924, June 20, 2012, as amended at 78 FR 33748, June 5, 2013; 78 FR 60719, Oct. 2, 2013; 80 FR 43329, July 22, 2015; 82 FR 57871, Dec. 8, 2017; 84 FR 44707, Aug. 27, 2019] § 180.666 Fluxapyroxad; tolerances for residues. Table 1 to Paragraph (a) Almond, hulls 4.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide �uxapyroxad, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �uxapyroxad, 3-(di�uoromethyl)-1-methyl-N-(3′,4′,5′-tri�uoro[1,1′-biphenyl]-2-yl)-1H pyrazole-4-carboxamide in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/77-FR-36924 https://www.federalregister.gov/citation/78-FR-33748 https://www.federalregister.gov/citation/78-FR-60719 https://www.federalregister.gov/citation/80-FR-43329 https://www.federalregister.gov/citation/82-FR-57871 https://www.federalregister.gov/citation/84-FR-44707 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 911/1218 Apple, wet pomace 2.0 Banana 3.0 Beet, sugar 0.1 Beet, sugar, dried pulp 0.1 Beet, sugar, tops 7.0 Berry, low growing, subgroup 13-07G 4.0 Bushberry, subgroup 13-07B 7.0 Caneberry, subgroup 13-07A 5.0 Cattle, fat 0.06 Cattle, meat 0.01 Cattle, meat byproduct 0.04 Citrus, dried pulp 3.0 Citrus, oil 40 Coffee, green bean 0.2 Corn, �eld, grain 0.01 Corn, oil 0.03 Corn, pop, grain 0.01 Corn, sweet, kernels plus cobs with husks removed 0.15 Cotton, gin byproducts 20 Cottonseed, subgroup 20C 0.5 Egg 0.01 Fish-freshwater �n�sh 0.01 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 912/1218 Fish-shell�sh, crustacean 0.01 Fruit, citrus, group 10-10 1.0 Fruit, pome, group 11-10 0.8 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.0 Fruit, stone, group 12-12 3.0 Goat, fat 0.06 Goat, meat 0.01 Goat, meat byproduct 0.04 Grain, aspirated fractions 20.0 Grain, cereal, forage, fodder and straw, group 16 20 Grain, cereal, group 15, (except corn, �eld, grain; except corn, pop, grain; except corn, kernels plus cobs with husks removed; except rice; except wheat 3.0 Grape, raisin 5.7 Grass, forage, fodder and hay, group 17 40 Hog, meat byproducts 0.01 Horse, fat 0.06 Horse, meat 0.01 Horse, meat byproduct 0.04 Mango 0.7 Milk 0.01 Milk, fat 0.15 Non-grass animal feed, group 18 30 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 913/1218 Nut, tree, group 14-12 0.06 Oilseeds, group 20 (except cottonseed) 0.9 Papaya 0.6 Pea and bean, dried shelled except soybean, subgroup 6C 0.4 Pea and bean, succulent shelled, subgroup 6B 0.5 Peanut 0.01 Peanut, re�ned oil 0.02 Plum, prune, dried 3.0 Pomegranate 0.2 Potato, wet peel 0.1 Poultry, fat 0.01 Poultry, meat 0.01 Poultry, meat byproduct 0.01 Rice, bran 4.5 Rice, bran 8.5 Rice, grain 5.0 Rice, hulls 8.0 Rice, hulls 15.0 Sheep, fat 0.06 Sheep, meat 0.01 Sheep, meat byproduct 0.04 Soybean, hulls 0.3 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 914/1218 Soybean, seed 0.15 Sugarcane, cane 3.0 Vegetable, brassica leafy, group 5 4.0 Vegetable, bulb, group 3-07 1.5 Vegetable, cucurbit, group 9 0.50 Vegetable, foliage of legume, group 7 30 Vegetable, fruiting, group 8-10 0.7 Vegetable, leafy, except brassica, group 4 30 Vegetable, legume, edible podded, subgroup 6A 2.0 Vegetable, root, except sugarbeet, subgroup 1B 0.90 Vegetable, tuberous and corm, subgroup 1C 0.02 Wheat, bran 0.6 Wheat, grain 0.3 There are no U.S. registrations for this commodity as of November 8, 2016. Peppermint, tops 0.01 Spearmint, tops 0.01 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for the combined indirect or inadvertent residues of the fungicide �uxapyroxad, including its metabolites and degradates, in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only �uxapyroxad, 3 (di�uoromethyl)-1-methyl-N-(3′,4′,5′-tri�uoro[1,1′-biphenyl]-2-yl)-1H-pyrazole-4 carboxamide in or on the commodity. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 915/1218 [77 FR 28275, May 14, 2012, as amended at 77 FR 46307, Aug. 3, 2012; 79 FR 10677, Feb. 26, 2014; 80 FR 45078, July 29, 2015; 81 FR 27025, May 5, 2016; 81 FR 78511, Nov. 8, 2016; 86 FR 36669, July 13, 2021] § 180.667 Cy�ufenamid, tolerance for residues. Apple, wet pomace 0.10 Berry, low growing, subgroup 13-07G, except cranberry 0.20 Cherry subgroup 12-12A 0.60 Fruit, pome, group 11 0.06 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.15 Grape, raisin 0.30 Hop, dried cones 5.0 Vegetable, cucurbit, group 9 0.10 Vegetable, fruiting, group 8-10 0.20 [77 FR 38210, June 27, 2012, as amended at 83 FR 5717, Feb. 9, 2018] § 180.668 Sulfoxa�or; tolerances for residues. (a) General. Tolerances are established for residues of the fungicide cy�ufenamid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only cy�ufenamid, [N(Z)]-N-[[(cyclopropylmethoxy)amino][2,3-di�uoro-6 (tri�uoromethyl)phenyl]methylene]benzeneacetamide. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide sulfoxa�or, including its metabolites and degradates, in or on the commodities in the table. Compliance with the tolerance levels speci�ed is to be determined by measuring only sulfoxa�or (N [methyloxido[1-[6-(tri�uoromethyl)-3-pyridinyl]ethyl]-γ -sulfanylidene]cyanamide).4 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/77-FR-28275 https://www.federalregister.gov/citation/77-FR-46307 https://www.federalregister.gov/citation/79-FR-10677 https://www.federalregister.gov/citation/80-FR-45078 https://www.federalregister.gov/citation/81-FR-27025 https://www.federalregister.gov/citation/81-FR-78511 https://www.federalregister.gov/citation/86-FR-36669 https://www.federalregister.gov/citation/77-FR-38210 https://www.federalregister.gov/citation/83-FR-5717 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 916/1218 Alfalfa, forage 7 Alfalfa, hay 20 Alfalfa, seed 40 Alfalfa, silage 9 Almond, hulls 6.0 Artichoke, globe 0.7 Arugula 6 Asparagus 0.01 Avocado 0.15 Barley, grain 0.40 Barley, hay 1.0 Barley, straw 2.0 Bean, dry seed 0.20 Bean, succulent 4.0 Beet, sugar, dried pulp 0.07 Beet, sugar, molasses 0.25 Berry, low growing, subgroup 13-7G 0.70 Brassica, leafy greens, subgroup 4-16B, except watercress 2 Bushberry subgroup 13-07B 2 Cacao, dried bean 0.05 Caneberry subgroup 13-07A 1.5 Cattle, fat 0.2 Cattle, meat 0.4 Cattle, meat byproducts 0.8 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 917/1218 Cauli�ower 0.08 Celtuce 2 Citrus, dried pulp 3.6 Corn, �eld, forage 0.5 Corn, �eld, grain 0.015 Corn, �eld, stover 0.8 Corn, pop, grain 0.015 Corn, pop, stover 0.8 Corn, sweet, forage 0.6 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 0.7 Cotton, gin byproducts 6.0 Cotton, hulls 0.35 Cottonseed subgroup 20C 0.20 Cress, garden 6 Cress, upland 6 Egg 0.06 Fennel, Florence, fresh leaves and stalk 2 Fruit, citrus, group 10-10 0.70 Fruit, pome, group 11-10 0.50 Fruit, small, vine climbing, subgroup 13-07F, except fuzzy kiwi fruit 2.0 Fruit, stone, group 12-12 3 Goat, fat 0.2 Goat, meat 0.4 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 918/1218 Goat, meat byproducts 0.8 Grain, aspirated fractions 20.0 Grape, raisin 6.0 * Hog, fat 0.03 Hog, meat 0.3 Hog, meat byproducts 0.6 Horse, fat 0.2 Horse, meat 0.4 Horse, meat byproducts 0.8 Kohlrabi 2 Leaf petiole vegetable subgroup 22B 2 Leafy greens subgroup 4-16A 6 Milk 0.3 Millet, proso, forage 0.4 Millet, pearl, forage 0.4 Millet, proso, grain 0.3 Millet, pearl, grain 0.3 Nut, tree, group 14-12 0.015 Oat, grain 0.4 Oat, hay 1 Oat, straw 2 Onion, bulb, subgroup 3-07A 0.01 Onion, green, subgroup 3-07B 0.70 Pineapple 0.1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 919/1218 Poultry, fat 0.02 Poultry, meat 0.1 Poultry, meat byproducts 0.3 Rapeseed, meal 0.50 Rapeseed subgroup 20A 0.40 Rice, grain 5 Rice, hulls 15 Rye, forage 1 Rye, grain 0.08 Rye, hay 1.5 Rye, straw 2 Sheep, fat 0.2 Sheep, meat 0.4 Sheep, meat byproducts 0.8 Sorghum, grain, forage 0.4 Sorghum, grain, grain 0.3 Sorghum, grain, stover 1 Soybean, seed 0.20 Sun�ower subgroup 20B 0.3 Teff, forage 1 Teff, grain 0.08 Teff, hay 1.5 Teff, straw 2 Teosinte, grain 0.015 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 920/1218 Tomato, paste 2.60 Tomato, puree 1.20 Triticale, forage 1 Triticale, grain 0.08 Triticale, hay 1.5 Triticale, straw 2 Vegetable, brassica, head and stem, group 5-16, except cauli�ower 2 Vegetable, cucurbit, group 9 0.40 Vegetable, fruiting, group 8-10 0.70 Vegetable, leaves of root and tuber, group 2 3.0 Vegetable, legume, foliage, group 7 3.0 Vegetable, root and tuber, group 1 0.05 Watercress 6.0 Wheat, forage 1.0 Wheat, grain 0.08 Wheat, hay 1.5 Wheat, straw 2.0 This tolerance expires on January 24, 2020.1 (b) Section 18 emergency exemptions. Time-limited tolerances speci�ed in the following table are established for residues of sulfoxa�or (N-[methyloxido[1-[6-(tri�uoromethyl)-3 pyridinyl]ethyl]- λ -sulfanylidene]cyanamide), including its metabolites and degradates, in or on the speci�ed agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only sulfoxa�or in or on the commodity. The tolerances expire on the date speci�ed in the table. 4 Commodity Parts per million Commodity Parts per million Expiration/revocation date 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 921/1218 Sorghum, forage 0.4 12/31/20 Sorghum, grain 0.3 12/31/20 Sorghum, stover 0.9 12/31/20 [77 FR 59565, Sept. 28, 2012, as amended at 78 FR 38227, June 26, 2013; 80 FR 4515, Jan. 28, 2015; 82 FR 57151, Dec. 4, 2017; 84 FR 35553, July 24, 2019; 84 FR 57343, Oct. 25, 2019] § 180.669 Picoxystrobin; tolerances for residues. Alfalfa, forage 4.0 Alfalfa, hay 5.0 Alfalfa, seed 9.0 Almond, hulls 7.0 Barley, bran 0.5 Barley, grain 0.3 Beet, sugar, dried pulp 1.5 Bluegrass, forage 30 Bluegrass, hay 60 Bromegrass, forage 30 Bromegrass, hay 60 (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide picoxystrobin, including its metabolites and degradates, in or on the commodities listed below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only picoxystrobin, methyl (αE)-α-(methoxymethylene)-2-[[[6-(tri�uoromethyl)-2 pyridinyl]oxy]methyl]benzeneacetate. Commodity Parts per million Expiration/revocation date Commodity Parts per million https://www.federalregister.gov/citation/77-FR-59565 https://www.federalregister.gov/citation/78-FR-38227 https://www.federalregister.gov/citation/80-FR-4515 https://www.federalregister.gov/citation/82-FR-57151 https://www.federalregister.gov/citation/84-FR-35553 https://www.federalregister.gov/citation/84-FR-57343 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 922/1218 Cattle, fat 0.01 Cattle, meat 0.01 Cattle, meat byproducts 0.01 Corn, �eld, re�ned oil 0.07 Cotton, gin byproducts 20 Cottonseed subgroup 20C 2.0 Eggs 0.01 Fescue, forage 30 Fescue, hay 60 Goat, fat 0.01 Goat, meat 0.01 Goat, meat byproducts 0.01 Grain, aspirated grain fractions 10 Grain, cereal, forage, fodder, and straw, group 16, forage 15 Grain, cereal, forage, fodder, and straw, group 16, hay 5 Grain, cereal, forage, fodder, and straw, group 16, stover 10 Grain, cereal, forage, fodder, and straw, group 16, straw 2 Grain, cereal, group 15, except rice and barley 0.04 Hog, fat 0.01 Hog, meat 0.01 Hog, meat byproducts 0.01 Horse, fat 0.01 Horse, meat 0.01 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 923/1218 Horse, meat byproducts 0.01 Leaf petiole vegetable subgroup 22B 20 Lettuce, head 4.0 Milk 0.01 Nut, tree, group 14-12 0.08 Onion, bulb, subgroup 3-07A 0.50 Onion, green, subgroup 3-07B 10 Orchardgrass, forage 30 Orchardgrass, hay 60 Pea and bean, dried shelled, except soybean, subgroup 6C 0.06 Pea and bean, succulent shelled, subgroup 6B 0.90 Peanut 0.05 Peanut, hay 30 Potato, wet peel 0.10 Poultry, fat 0.01 Poultry, meat 0.01 Poultry, meat byproducts 0.01 Rapeseed subgroup 20A 0.08 Ryegrass, forage 30 Ryegrass, hay 60 Sheep, fat 0.01 Sheep, meat 0.01 Sheep, meat byproducts 0.01 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 924/1218 Soybean, forage 1 Soybean, hay 3 Soybean, hulls 0.2 Soybean, seed 0.05 Sun�ower subgroup 20B 2.0 Switchgrass, forage 30 Switchgrass, hay 60 Vegetable, brassica, head and stem, group 5-16 2.0 Vegetable, cucurbit, group 9 0.30 Vegetable, foliage of legume, except soybean, subgroup 7A 40 Vegetable, fruiting, group 8-10 0.70 Vegetable, leafy, group 4-16, except lettuce, head 30 Vegetable, leaves of root and tuber, group 2 30 Vegetable, legume, edible podded, subgroup 6A 2.0 Vegetable, root, subgroup 1A 0.50 Vegetable, tuberous and corm, subgroup 1C 0.03 Wheat, bran 0.06 Wheat, germ 0.09 [77 FR 72231, Dec. 5, 2012, as amended at 83 FR 39610, Aug. 10, 2018] § 180.671 Fenpyrazamine; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/77-FR-72231 https://www.federalregister.gov/citation/83-FR-39610 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 925/1218 Almond 0.02 Almond, hulls 1.5 Berry, low growing, subgroup 13-07G 3 Bushberry subgroup 13-07B 5 Caneberry subgroup 13-07A 5 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 3 Ginseng 0.7 Grape, juice 4 Lettuce, head 1.5 Lettuce, leaf 2 Pistachio 0.02 [78 FR 14465, Mar. 6, 2013] § 180.672 Cyantraniliprole; tolerances for residues. (a) General. Tolerances are established for residues of the fungicide fenpyrazamine, in or on the following commodities. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only fenpyrazamine S-allyl 5-amino-2 isopropyl-4-(2-methylphenyl)-3-oxo-2,3-dihydropyrazole-1-carbothioate, in or on the following commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the insecticide cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-N-[4-cyano-2-methyl-6 [((methylamino)carbonyl]phenyl]-1H-pyrazole-5-carboxamide, including its metabolites and degradates, in or on commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only cyantraniliprole in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/78-FR-14465 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 926/1218 Almond, hulls 8.0 Artichoke, globe 0.10 Berry, low growing, except strawberry, subgroup 13-07H, except blueberry, lowbush and lingonberry 0.08 Brassica, leafy greens, subgroup 4-16B 30 Bushberry, subgroup 13-07B 4.0 Caneberry subgroup 13-07A 4.0 Cattle, fat 0.10 Cattle, meat 0.10 Cattle, meat byproducts 0.40 Celtuce 20 Cherry, subgroup 12-12A 6.0 Citrus, oil 2.4 Coffee, green bean 0.05 Corn, �eld, grain 0.01 Corn, pop, grain 0.01 Corn, sweet, kernel plus cob with husks removed 0.01 Cotton, gin byproducts 10 Fennel, Florence, fresh leaves and stalk 20 Fruit, citrus, group 10-10 0.70 Fruit, pome, group 11-10 1.5 Goat, fat 0.10 Goat, meat 0.10 1 CommodityCommodity Parts per million Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 927/1218 Goat, meat byproducts 0.40 Grain, aspirated grain fractions 200 Grape, wine 2.0 Horse, fat 0.10 Horse, meat 0.10 Horse, meat byproducts 0.40 Kohlrabi 3.0 Leaf petiole vegetable subgroup 22B 20 Leafy greens subgroup 4-16A 20 Milk 0.20 Nut, tree, group 14-12 0.04 Oilseed group 20 1.5 Olive 1.5 Olive, oil 2.0 Onion, bulb, subgroup 3-07A 0.04 Onion, green, subgroup 3-07B 8.0 Peach, subgroup 12-12B 1.5 Peanut 0.01 Peanut hay 3.0 Plum, subgroup 12-12C 0.50 Pomegranate 0.01 Rice, grain 0.02 1 1 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 928/1218 Rice, hulls 0.05 Rice, straw 0.015 Sheep, fat 0.10 Sheep, meat 0.10 Sheep, meat byproducts 0.40 Soybean, forage 15 Soybean, hay 50 Soybean, hulls 1.0 Soybean, seed 0.40 Strawberry 1.5 Tea 30 Vegetable, Brassica, head and stem, group 5-16 3.0 Vegetable, cucurbit, group 9 0.70 Vegetable, foliage of legume, except soybean, group 7A 40 Vegetable, fruiting, group 8-10 2.0 Vegetable, leaves of root and tuber, group 2 40 Vegetable, legume, dried shelled, except soybean, subgroup 6C 1.0 Vegetable, legume, edible podded, subgroup 6A 2.0 Vegetable, legume, succulent shelled, subgroup 6B 0.20 Vegetable, root, except sugar beet, subgroup 1B 0.40 Vegetable, tuberous and corm, subgroup 1C 0.15 There are no U.S. registrations for these commodities. 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 929/1218 Animal feed, nongrass, group 18 0.20 Beet, sugar, roots 0.02 Grain, cereal, forage, fodder and straw, group 16 0.50 Grass forage, fodder and hay, group 17 0.50 [79 FR 6833, Feb. 5, 2014, as amended at 82 FR 14629, Mar. 22, 2017; 83 FR 56267, Nov. 13, 2018; 85 FR 8457, Feb. 14, 2020] § 180.673 Triforine; tolerances for residues. Blueberry 1.0 Tomato 0.5 There are no U.S. registrations for blueberry and tomato. [78 FR 32151, May 29, 2013. Redesignated at 78 FR 36677, June 19, 2013] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertant residues. Tolerances are established for indirect or inadvertant tolerances for residues of cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-N-[4-cyano-2 methyl-6-[((methylamino)carbonyl]phenyl]-1H-pyrazole-5-carboxamide, including its metabolites and degradates, in or on commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only cyantraniliprole in or on the commodity. (a) General. Tolerances are established for residues of triforine, including its metabolites and degradates. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only triforine (N,N′-[1,2-piperazinediylbis(2,2,2 trichloroehylidene)]bis[formamide]), in or on the following commodities. 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/79-FR-6833 https://www.federalregister.gov/citation/82-FR-14629 https://www.federalregister.gov/citation/83-FR-56267 https://www.federalregister.gov/citation/85-FR-8457 https://www.federalregister.gov/citation/78-FR-32151 https://www.federalregister.gov/citation/78-FR-36677 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 930/1218 § 180.674 Proquinazid; tolerances for residues. Grape 0.50 Grape, raisin 1.0 No U.S. registrations for Proquinazid. [79 FR 18815, Apr. 4, 2014] § 180.675 Tolfenpyrad; tolerances for residues. Table 1 to Paragraph (a)(1) Almond hulls 6.0 Apple, wet pomace 3.0 Artichoke, globe 5 Avocado 1.5 (a) General. Tolerances are established for residues of the fungicide, proquinazid, including its metabolites and degradates, in or on the commodities listed in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only proquinazid, [6-Iodo-2-propoxy-3-propyl-3H-quinazolin-4-one), in or on the following commodities: 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide tolfenpyrad, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only tolfenpyrad (4-chloro-3-ethyl-1-methyl-N-[[4-(4 methylphenoxy)phenyl]methyl]-1H-pyrazole-5-carboxamide) in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/79-FR-18815 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 931/1218 Berry, low growing, subgroup 13-07G, except cranberry and lowbush blueberry 3.0 Brassica, leafy greens, subgroup 4-16B 40 Bushberry, subgroup 13-07B 7.0 Caneberry, subgroup 13-07A 7.0 Celtuce 30 Citrus, dried pulp 8.0 Citrus, dried pulp 4.0 Citrus, oil 70.0 Citrus, oil 30 Cotton, gin byproducts 15.0 Cottonseed, subgroup 20C 0.70 Fennel, Florence, fresh leaves and stalk 30 Fruit, citrus, group 10-10 1.5 Fruit, citrus, group 10-10 0.80 Fruit, pome, group 11-10 1.0 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.0 Fruit, stone, group 12-12 2.0 Grape, raisin 6.0 Leaf petiole vegetable subgroup 22B 30 Leafy greens, subgroup 4-16A 30 Nuts, tree, group 14-12 0.05 Onion, bulb, subgroup 3-07A 0.09 1 1 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 932/1218 Onion, green, subgroup 3-07B 10 Persimmon 2.0 Plum, prune 3.0 Pomegranate 2.0 Tea 30.0 Vegetable, Brassica, head and stem, group 5-16 5.0 Vegetable, cucurbit, group 9 0.70 Vegetable, fruiting, group 8-10 1.5 Vegetable, tuberous and corm, subgroup 1C 0.01 This tolerance expires on December 24, 2018. Cattle, fat 0.01 Cattle, meat 0.01 Cattle, meat byproducts 0.35 Goat, fat 0.01 Goat, meat 0.01 Goat, meat byproducts 0.35 Horse, fat 0.01 Horse, meat 0.01 1 (2) Tolerances are established for residues of the insecticide tolfenpyrad, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of tolfenpyrad, 4-chloro-3-ethyl-1-methyl-N-[[4-(4 methylphenoxy)phenyl]methyl]-1H-pyrazole-5-carboxamide, and its metabolite 4-[4 [(4-chloro-3-ethyl-1-methylpyrazol-5-yl)carbonylamino-methyl]phenoxy]-benzoic acid, calculated as the stoichiometric equivalent of tolfenpyrad. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 933/1218 Horse, meat byproducts 0.35 Milk 0.03 Sheep, fat 0.01 Sheep, meat 0.01 Sheep, meat byproducts 0.35 [79 FR 1605, Jan. 9, 2014, as amended at 81 FR 68944, Oct. 5, 2016; 82 FR 46934, Oct. 10, 2017; 83 FR 29023, June 22, 2018; 83 FR 65550, Dec. 21, 2018; 86 FR 31954, June 16, 2021] § 180.676 Fenpropidin; tolerances for residues. Banana 10 There are no U.S. registrations as of December 13, 2013. [79 FR 8096, Feb. 11, 2014] § 180.677 Cy�umetofen; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registration. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the residues of fenpropidin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only fenpropidin (1-[3-[4-(1,1-dimethylethyl)phenyl]-2-methylpropyl]piperidine). 1 1 (b) Section 18 tolerance. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide cy�umetofen, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels for cy�umetofen is to be determined by measuring only Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/79-FR-1605 https://www.federalregister.gov/citation/81-FR-68944 https://www.federalregister.gov/citation/82-FR-46934 https://www.federalregister.gov/citation/83-FR-29023 https://www.federalregister.gov/citation/83-FR-65550 https://www.federalregister.gov/citation/86-FR-31954 https://www.federalregister.gov/citation/79-FR-8096 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 934/1218 Almond, hulls 4.0 Cherry subgroup 12-12A 1.5 Citrus, oil 16 Coffee, green bean 0.08 Cucumber 0.3 Fruit, citrus, group 10-10 0.30 Fruit, pome, group 11-10 0.30 Grape 0.60 Nut, tree, group 14-12 0.01 Peach subgroup 12-12B 0.4 Pepper/eggplant subgroup 8-10B 2 Plum subgroup 12-12C 0.3 Strawberry 0.6 Tea, dried 40 Tomato subgroup 8-10A 0.7 There are no U.S. registrations for this commodity as of May 8, 2019. There are no U.S. registrations for these commodities as of November 25, 2019. [79 FR 29108, May 21, 2014, as amended at 84 FR 20042, May 8, 2019; 84 FR 64779, Nov. 25, 2019; 85 FR 39494, July 1, 2020] cy�umetofen, 2-methoxyethyl α-cyano-α-[4-(1,1-dimethylethyl)phenyl]-β-oxo-2 (tri�uoromethyl)benzenepropanoate, in or on the commodity. 2 1 1 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/79-FR-29108 https://www.federalregister.gov/citation/84-FR-20042 https://www.federalregister.gov/citation/84-FR-64779 https://www.federalregister.gov/citation/85-FR-39494 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 935/1218 § 180.678 Tricyclazole; tolerances for residues. Rice, grain 3.0 There are no U.S. Registrations on Rice as of June 11, 2014. [79 FR 33468, June 11, 2014] § 180.679 Flupyradifurone; tolerances for residues. Table 1 to Paragraph (a) Alfalfa, forage 9.0 Alfalfa, hay 20 Almond, hulls 15 Bean, succulent 0.20 Berry, low growing, except cranberry subgroup 13-07G 1.5 Brassica, leafy greens, subgroup 4-16B 40 (a) General. (1) Tolerances are established for residues of the fungicide tricyclazole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only tricyclazole (5-methyl-1,2,4-triazolo[3,4-b ]benzothiazole). 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide �upyradifurone, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only �upyradifurone, 4-[[(6-chloro-3-pyridinyl)methyl](2,2 di�uoroethyl)amino]- 2(5H)-furanone. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/79-FR-33468 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 936/1218 Bushberry, except cranberry subgroup 13-07B 4.0 Cactus, pads 0.70 Caneberry subgroup 13-07A 5.0 Cattle, fat 0.20 Cattle, meat 0.30 Cattle, meat byproducts 1.0 Celtuce 9 Coffee, green bean 1.5 Corn, �eld, grain 0.05 Corn, pop, grain 0.05 Corn, sweet, kernels plus cobs with husks removed 0.05 Cotton, gin byproducts 40 Cottonseed, subgroup 20C 0.80 Egg 0.01 Fennel, �orence, fresh leaves and stalk 9 Fruit, citrus, dried pulp 10 Fruit, citrus, group 10-10 3.0 Fruit, pome, group 11-10 0.70 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 3.0 Fruit, stone, group 12-12 1.5 Goat, fat 0.20 Goat, meat 0.30 Goat, meat byproducts 1.0 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 937/1218 Grain, aspirated grain fractions 40 Grain, cereal, forage, fodder and straw, group 16 30 Grain, cereal, group 15, except rice and corn 3.0 Grape, raisin 5.0 Hog, fat 0.01 Hog, meat 0.01 Hog, meat byproducts 0.04 Hops, dried cones 10 Horse, fat 0.20 Horse, meat 0.30 Horse, meat byproducts 1.0 Kava, fresh leaves 40 Kava, roots 0.90 Kohlrabi 6 Leaf petiole vegetable subgroup 22B 9 Leafy greens subgroup 4-16A 30 Milk 0.15 Nut, tree, group 14-12 0.02 Onion, bulb, subgroup 3-07A 0.09 Onion, green, subgroup 3-07B 3.0 Pea and bean, dried, shelled except soybean, subgroup 6C 3.0 Pea, succulent 2.0 Peanut 0.04 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 938/1218 Peanut, hay 20 Pineapple 0.3 Quinoa, grain 3.0 Rapeseed subgroup 20A 0.03 Sesame, seed 3 Sheep, fat 0.20 Sheep, meat 0.30 Sheep, meat byproducts 1.0 Soybean, seed 1.5 Stalk and stem vegetable subgroup 22A, except prickly pear, pads, and prickly pear, Texas, pads 0.01 Sun�ower subgroup 20B 0.7 Taro leaves 30 Tropical and subtropical, inedible peel, cactus, subgroup 24D 0.3 Tropical and subtropical, medium to large fruit, smooth, inedible peel subgroup 24B 0.60 Tropical and subtropical, palm fruit, edible peel, subgroup 23C 8 Vegetable, brassica, head and stem, group 5-16 6 Vegetable, cucurbit, group 9 0.40 Vegetable, foliage of legume, group 7 30 Vegetable, fruiting, group 8-10 1.5 Vegetable, legume, edible podded, subgroup 6A 3.0 Vegetable, root, except sugar beet, subgroup 1B 0.90 Vegetable, tuberous and corm, subgroup 1C 0.05 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 939/1218 No U.S. registration. Table 2 to Paragraph (b) Sorghum, syrup 90.0 12/31/22 Sugarcane, cane 3 12/31/23 Sugarcane, molasses 90 12/31/23 Sweet sorghum, forage 30.0 12/31/22 Table 3 to Paragraph (c) Clover, forage 20 Clover, hay 30 Grass, forage, fodder and hay, group 17 15 [80 FR 3487, Jan. 23, 2015, as amended at 81 FR 65557, Sept. 23, 2016; 82 FR 13256, Mar. 10, 2017; 85 FR 5578, Jan. 31, 2020; 85 FR 51671, Aug. 21, 2020; 86 FR 21947, Apr. 26, 2021] § 180.680 Fluensulfone; tolerances for residues. 1 (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of the insecticide �upyradifurone, including its metabolites and degradates in or on the speci�ed agricultural commodities listed in table 2 to this paragraph (b), resulting from use of the pesticide pursuant to a Federal Insecticide, Fungicide, and Rodenticide Act (FFIFRA) section 18 emergency exemption. Compliance with the tolerance levels speci�ed in table 2 to this paragraph (b) is to be determined by measuring only �upyradifurone, 4-[[(6-chloro-3-pyridinyl)methyl](2,2-di�uoroethyl)amino]-2(5H)-furanone. The tolerances expire on the date speci�ed in table 2 to this paragraph (b). (c) Tolerances with regional restrictions. Tolerances are established for residues of the insecticide �upyradifurone, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels speci�ed in the following table is to be determined by measuring only �upyradifurone, 4-[[(6-chloro-3 pyridinyl)methyl](2,2-di�uoroethyl)amino]- 2(5H)-furanone. (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Expiration/ revocation date Commodity Parts per million https://www.federalregister.gov/citation/80-FR-3487 https://www.federalregister.gov/citation/81-FR-65557 https://www.federalregister.gov/citation/82-FR-13256 https://www.federalregister.gov/citation/85-FR-5578 https://www.federalregister.gov/citation/85-FR-51671 https://www.federalregister.gov/citation/86-FR-21947 https://www.ecfr.gov/current/title-40/section-180.679#p-180.679(b) https://www.ecfr.gov/current/title-40/section-180.679#p-180.679(b) https://www.ecfr.gov/current/title-40/section-180.679#p-180.679(b) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 940/1218 Table 1 to § 180.680 Almond, hulls 5 Berry, low growing, subgroup 13-07G 0.5 Brassica, head and stem, subgroup 5A 1.5 Brassica, leafy greens, subgroup 5B 20 Fruit, citrus, group 10-10 0.3 Fruit, citrus, group 10-10, dried pulp 0.9 Fruit, citrus, group 10-10, oil 15 Fruit, pome, group 11-10 0.4 Fruit, small, vine climbing, subgroup 13-07D 0.8 Fruit, stone, group 12-12 0.15 Grape, raisin 1.5 Nut, tree, group 14-12 0.02 Potato, chips 2 Potato, granules/�akes 2 Soybean, seed 0.07 Sugarcane, cane 0.06 Sugarcane, molasses 0.3 Tomato, paste 1.5 Vegetables, cucurbits, group 9 0.7 (a) General. Tolerances are established for residues of the nematicide �uensulfone, including its metabolites and degradates, in or on the commodities in the table 1 to § 180.680. Compliance with the tolerance levels speci�ed in the following table below is to be determined by measuring only the sum of �uensulfone, 5-chloro-2-[(3,4,4-tri�uoro-3-buten 1-yl)sulfonyl]thiazole and its metabolite, 3,4,4-tri�uoro-but-3-ene-1-sulfonic acid, calculated as the stoichiometric equivalent of �uensulfone, in or on the commodity. Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.680 https://www.ecfr.gov/current/title-40/section-180.680 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 941/1218 Vegetables, fruiting, group 8-10 0.7 Vegetables, leafy, except Brassica, group 4 4 Vegetables, leaves of root and tuber, group 2, except sugar beet 50 Vegetables, root, except sugar beet, subgroup 1B 4 Vegetables, tuberous and corm, subgroup 1C 0.8 Table 2 to § 180.680 Barley, bran 0.15 Barley, grain 0.1 Barley, hay 15 Barley, straw 6 Buckwheat, grain 0.1 Grain, cereal, forage, fodder and straw, group 16 3 Grain, cereal, group 15 0.05 Oat, forage 6 Oat, grain 0.1 Oat, hay 15 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for residues of the nematicide �uensulfone, including its metabolites and degradates, in or on the commodities in table 2 to § 180.680. Compliance with the tolerance levels speci�ed in the following table below is to be determined by measuring only the sum of �uensulfone, 5-chloro-2-[(3,4,4 tri�uoro-3-buten-1-yl)sulfonyl]thiazole and its metabolite, 3,4,4-tri�uoro-but-3-ene-1 sulfonic acid, calculated as the stoichiometric equivalent of �uensulfone, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.680 https://www.ecfr.gov/current/title-40/section-180.680 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 942/1218 Oat, straw 6 Wheat, bran 0.15 Wheat, forage 6 Wheat, germ 0.1 Wheat, grain 0.1 Wheat, hay 15 Wheat, milled byproducts 0.15 Wheat, straw 6 [84 FR 24047, May 24, 2019, as amended at 86 FR 46159, Aug. 18, 2021] § 180.681 Isofetamid; tolerances for residues. Almond 0.01 Almond, hulls 0.01 Apple, wet pomace 2.0 Berry, low growing, subgroup 13-07G 4.0 Bushberry subgroup 13-07B 5.0 Caneberry subgroup 13-07A 4.0 Canola, re�ned oil 0.03 Cherry subgroup 12-12A 4.0 (a) General. Tolerances are established for residues of the fungicide isofetamid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only isofetamid, N-[1,1-dimethyl-2-[2-methyl-4-(1-methylethoxy)phenyl]-2-oxoethyl]-3-methyl-2 thiophenecarboxamide, in or on the following commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/84-FR-24047 https://www.federalregister.gov/citation/86-FR-46159 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 943/1218 Flax, seed, oil 0.03 Fruit, pome, group 11-10 0.60 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 3.0 Fruit, small vine climbing, except grape, subgroup 13-07E 10.0 Grape, raisin 5.0 Lettuce, head 5.0 Lettuce, leaf 7.0 Mustard, seed, oil 0.03 Pea and bean, dried shelled, except soybean, subgroup 6C 0.040 Pea and bean, succulent shelled, subgroup 6B 0.030 Peach subgroup 12-12B 3.0 Plum, Prune, Dried 1.50 Plum subgroup 12-12C 0.80 Rapeseed subgroup 20A 0.015 Sesame, oil 0.03 Vegetable, legume, edible podded, subgroup 6A 1.50 [80 FR 45443, July 30, 2015, as amended at 81 FR 70974, Oct. 14, 2016; 82 FR 27154, June 14, 2017] § 180.682 Bicyclopyrone; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide bicyclopyrone (4-hydroxy-3 [[2-[(2-methoxyethoxy)methyl]-6-(tri�uoromethyl)-3 pyridinyl]carbonyl]bicyclo[3.2.1]oct-3-en-2-one), including its metabolites and Commodity Parts per million https://www.federalregister.gov/citation/80-FR-45443 https://www.federalregister.gov/citation/81-FR-70974 https://www.federalregister.gov/citation/82-FR-27154 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 944/1218 Barley, bran 0.15 Barley, grain 0.07 Barley, hay 0.30 Barley, straw 0.40 Cattle, meat byproducts 2.0 Corn, �eld, forage 0.30 Corn, �eld, grain 0.02 Corn, �eld, stover 0.40 Corn, pop, grain 0.02 Corn, pop, stover 0.40 Corn, sweet, forage 0.40 Corn, sweet, kernel plus cob with husks removed 0.03 Corn, sweet, stover 0.70 Goat, meat byproducts 2.0 Grain, aspirated fractions 0.30 Hog, meat byproducts 0.40 Horse, meat byproducts 2.0 Sheep, meat byproducts 2.0 Sugarcane, cane 0.02 Wheat, bran 0.07 degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of the common moieties SYN503780 (2-[(2-methoxyethoxy)methyl]-6 (tri�uoromethyl)-3-pyridinecarboxylic acid) and CSCD686480 (2-[(2 hydroxyethoxy)methyl]-6-(tri�uoromethyl)-3-pyridinecarboxylic acid), calculated as the stoichiometric equivalent of bicyclopyrone, in or on the commodities. 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 945/1218 Wheat, forage 0.40 Wheat, grain 0.04 Wheat, hay 0.80 Wheat, straw 0.50 There are no U.S. Registration on Sugarcane as of March 13, 2015. [80 FR 22654, Apr. 23, 2015, as amended at 81 FR 86965, Dec. 2, 2016] § 180.684 Benalaxyl-M; tolerances for residues. Grape 3.0 Tomato 0.20 There is no U.S. registration for use on this commodity as of July 30, 2015. [80 FR 45448, July 30, 2015] § 180.685 Oxathiapiprolin; tolerances for residues. 1 (2) [Reserved] (b) [Reserved] (a) General. Tolerances are established for residues of the fungicide benalaxyl-M, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only benalaxyl [methyl N-(2,6-dimethylphenyl)-N-(phenylacetyl)-DL-alaninate] in or on the commodity. 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the fungicide oxathiapiprolin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/80-FR-22654 https://www.federalregister.gov/citation/81-FR-86965 https://www.federalregister.gov/citation/80-FR-45448 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 946/1218 Almond, hulls 0.05 Basil, dried leaves 80 Basil, fresh leaves 10 Berry, low growing, subgroup 13-07G, except cranberry 0.4 Brassica leafy greens subgroup 4-16B 10 Bushberry subgroup 13-07B, except lowbush blueberry 0.5 Cacao bean, dried bean 0.15 Caneberry subgroup 13-07A 0.50 Chickpea, edible podded 1 Chickpea, succulent shelled 0.05 Citrus, dried pulp 0.09 Citrus, oil 2.0 Fruit, citrus, group 10-10 0.06 Ginseng 0.15 Grape 0.70 Hop, dried cones 5 Leafy greens subgroup 4-16A 15 Lentil, edible podded 1 Lentil, succulent shelled 0.05 Nut, tree, group 14-12 0.01 Onion, bulb, subgroup 3-07A 0.04 oxathiapiprolin, 1-[4-[4-[5-(2,6-di�uorophenyl)-4,5-dihydro-3-isoxazolyl]-2-thiazolyl]-1 piperidinyl]-2-[5-methyl-3-(tri�uoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on the commodity. 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 947/1218 Onion, green, subgroup 3-07B 2.0 Pea, dwarf, edible podded 1 Pea, edible podded 1 Pea, English, succulent shelled 0.05 Pea, garden, succulent shelled 0.05 Pea, grass, edible podded 1 Pea, green, edible podded 1 Pea, green, succulent shelled 0.05 Pea, pigeon, edible podded 1 Pea, pigeon, succulent shelled 0.05 Pea, snap, edible podded 1 Pea, snow, edible podded 1 Pea, sugar snap, edible podded 1 Potato, wet peel 0.07 Soybean, seed 0.01 Stalk and stem vegetable subgroup 22A 2.0 Sun�ower, seed 0.01 Tomato, dried 3.0 Tropical and subtropical, medium to large fruit, smooth, inedible peel, subgroup 24B 0.1 Vegetable, Brassica head and stem, group 5-16 1.5 Vegetable, cucurbit, group 9 0.20 Vegetable, fruiting, group 8-10 0.50 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 948/1218 Vegetable, tuberous and corm, subgroup 1C 0.04 There is no associated U.S. registration as of September 4, 2015. All other food commodities/feed commodities (other than those covered by a tolerance as a result of use on growing crops) 0.10 [80 FR 53473, Sept. 4, 2015, as amended at 81 FR 87467, Dec. 5, 2016; 82 FR 44945, Sept. 27, 2017; 85 FR 40121, July 6, 2020] § 180.686 Benzovindi�upyr; tolerances for residues. Table 1 to Paragraph (a) Barley, grain 1.5 Barley, hay 15.0 Barley, straw 15.0 Beet, sugar, dried pulp 0.6 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for residues of the fungicide oxathiapiprolin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only oxathiapiprolin, 1-[4-[4-[5-(2,6-di�uorophenyl)-4,5-dihydro-3-isoxazolyl]-2 thiazolyl]-1-piperidinyl]-2-[5-methyl-3-(tri�uoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on the commodity. (a) General. Tolerances are established for residues of the fungicide benzovindi�upyr, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only benzovindi�upyr (N-[9-(dichloromethylene)-1,2,3,4-tetrahydro-1,4 methanonaphthalen-5-yl]-3-(di�uoromethyl)-1-methyl-1H-pyrazole-4-carboxamide) in or on the commodity. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/80-FR-53473 https://www.federalregister.gov/citation/81-FR-87467 https://www.federalregister.gov/citation/82-FR-44945 https://www.federalregister.gov/citation/85-FR-40121 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 949/1218 Beet, sugar, leaves 0.07 Beet, sugar, roots 0.08 Blueberry, lowbush 2 Bluegrass, forage 0.15 Bluegrass, hay 7.0 Bluegrass, straw 6.0 Bromegrass, forage 0.15 Bromegrass, hay 7.0 Bromegrass, straw 6.0 Cattle, fat 0.02 Cattle, liver 0.06 Cattle, meat 0.01 Cattle, meat byproducts, except liver 0.01 Coffee, green bean 0.09 Corn, �eld, forage 3.0 Corn, �eld, grain 0.02 Corn, �eld, stover 15.0 Corn, pop, grain 0.02 Corn, pop, stover 15.0 Corn, sweet, forage 4.0 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 5.0 Cottonseed, subgroup 20C 0.15 Cotton, gin byproducts 3.0 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 950/1218 Fescue, forage 0.15 Fescue, hay 7.0 Fescue, straw 6.0 Fruit, pome, group 11-10 0.20 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 1.0 Ginseng 0.3 Goat, fat 0.02 Goat, liver 0.06 Goat, meat 0.01 Goat, meat byproducts, except liver 0.01 Grain, aspirated fractions 15.0 Grape, raisin 3.0 Horse, fat 0.02 Horse, liver 0.06 Horse, meat 0.01 Horse, meat byproducts, except liver 0.01 Milk 0.01 Milk, fat 0.02 Oat, grain 1.5 Oat, hay 15.0 Oat, straw 15.0 Onion, bulb, subgroup 3-07A 0.02 Onion, green, subgroup 3-07B 0.40 Orchardgrass, forage 0.15 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 951/1218 Orchardgrass, hay 7.0 Orchardgrass, straw 6.0 Pea and bean, dried shelled, except soybean, subgroup 6C 0.20 Pea, �eld, hay 7.0 Pea, �eld, vine 1.5 Peanut 0.01 Peanut, hay 15.0 Potato, processed potato waste 0.10 Rapeseed, subgroup 20A 0.15 Rye, grain 0.1 Rye, hay 15.0 Rye, straw 15.0 Ryegrass, forage 0.15 Ryegrass, hay 7.0 Ryegrass, straw 6.0 Sheep, fat 0.02 Sheep, liver 0.06 Sheep, meat 0.01 Sheep meat byproducts, except liver 0.01 Soybean, forage 15.0 Soybean, hay 50.0 Soybean, hulls 0.20 Soybean, seed 0.07 Sugarcane, cane 0.30 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 952/1218 Tomato, dried 4.0 Vegetable, cucurbit, group 9 0.30 Vegetable, fruiting, group 8-10 1.5 Vegetable, tuberous and corm, subgroup 1C 0.02 Wheat, forage 4.0 Wheat, grain 0.10 Wheat, hay 15.0 Wheat, straw 15.0 [80 FR 59633, Oct. 2, 2015, as amended at 82 FR 52674, Nov. 14, 2017; 83 FR 29038, June 22, 2018; 86 FR 8707, Feb. 9, 2021] § 180.687 Te�ubenzuron; tolerances for residues. Apple 1.0 Broccoli 0.20 Cauli�ower 0.01 Citrus, oil 100 Coffee, bean, green 0.60 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide te�ubenzuron, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only te�ubenzuron (N-[[(3,5-dichloro-2,4 di�uorophenyl)amino]carbonyl]-2,6-di�uorobenzamide). 1 1 1 1 1 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/80-FR-59633 https://www.federalregister.gov/citation/82-FR-52674 https://www.federalregister.gov/citation/83-FR-29038 https://www.federalregister.gov/citation/86-FR-8707 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 953/1218 Corn, �eld, grain 0.01 Corn, �eld, re�ned oil 0.02 Lemon 0.80 Mango 1.5 Melon, subgroup 9A 0.30 Orange 0.60 Papaya 0.50 Pineapple 0.80 Soybean, seed 0.05 Soybean, hulls 0.15 Sugarcane, cane 0.01 Sun�ower, seed 0.30 Tomato 1.5 There are no U.S. registrations as of October 30, 2015. [80 FR 66809, Oct. 30, 2015] § 180.688 Diethofencarb; tolerance for residue. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the fungicide diethofencarb, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only diethofencarb (1-methylethyl N-(3,4-diethoxyphenyl)carbamate). Commodity Parts per million https://www.federalregister.gov/citation/80-FR-66809 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 954/1218 Banana * 0.10 * There is no U.S. registration for use on this commodity as of November 4, 2015. [80 FR 68261, Nov. 4, 2015] § 180.689 Aminocyclopyrachlor; tolerances for residues. Cattle, fat 0.05 Cattle, meat 0.01 Cattle, meat byproducts 0.30 Goat, fat 0.05 Goat, meat 0.01 Goat, meat byproducts 0.30 Horse, fat 0.05 Horse, meat 0.01 Horse, meat byproducts 0.30 Milk 0.01 Sheep, fat 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues [Reserved] (a) General. Tolerances are established for residues of the herbicide aminocyclopyrachlor, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of aminocyclopyrachlor, 6-amino-5-chloro-2-cyclopropyl-4 pyrimidinecarboxylic acid, and aminocyclopyrachlor methyl ester, methyl 6-amino-5 chloro-2-cyclopropyl-4-pyrimidinecarboxylate, calculated as the stoichiometric equivalent of aminocyclopyrachlor. 1 1 1 1 1 1 1 1 1 1 1 CommodityCommodity Parts per million Parts per million Commodity Parts per million https://www.federalregister.gov/citation/80-FR-68261 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 955/1218 Sheep, meat 0.01 Sheep, meat byproducts 0.30 There are no U.S. registrations as of August 11, 2016. [81 FR 53018, Aug. 11, 2016] § 180.690 Mandestrobin; tolerances for residues. Berry, low growing, subgroup 13-07G, except cranberry 3.0 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 5.0 Grape, raisin 7.0 [81 FR 70043, Oct. 11, 2016] § 180.691 Halauxifen-methyl; tolerances for residues. 1 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of mandestrobin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only mandestrobin, 2-[(2,5-dimethylphenoxy)methyl]-α-methoxy-N-methylbenzeneacetamide. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent tolerances. [Reserved] (a) General. Tolerances are established for residues of the herbicide, halauxifen-methyl, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only halauxifen-methyl (methyl (4-amino-3-chloro-6-(4-chloro-2-�uoro-3-methoxyphenyl)-2 pyridine carboxylate). Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/81-FR-53018 https://www.federalregister.gov/citation/81-FR-70043 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 956/1218 Barley, grain 0.01 Barley, hay 0.01 Barley, straw 0.01 Wheat, forage 0.50 Wheat, grain 0.01 Wheat, hay 0.03 Wheat, straw 0.015 [81 FR 53025, Aug. 11, 2016] § 180.692 Tioxazafen; tolerances for residues. Corn, �eld, forage 0.02 Corn, �eld, grain 0.02 Corn, �eld, stover 0.02 Cotton, gin by-products 0.02 Cotton, undelinted seed 0.02 Soybean, forage 0.15 Soybean, hay 0.30 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of tioxazafen, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring the combined residues of tioxazafen [3-phenyl-5-(2-thienyl)-1,2,4-oxadiazole] and benzamidine, expressed as tioxazafen in or on the commodity. CommodityCommodity Parts per millionParts per million Commodity Parts per million https://www.federalregister.gov/citation/81-FR-53025 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 957/1218 Soybean, meal 0.05 Soybean, seed 0.04 [82 FR 20283, May 1, 2017] § 180.693 Benzobicyclon; tolerances for residues. Rice, grain 0.01 [82 FR 19001, Apr. 25, 2017] § 180.694 Cyclaniliprole; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. [Reserved] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration, as de�ned in § 180.1(l), are established for residues of the herbicide benzobicyclon, including its metabolites and degradates, in or on the commodity in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only benzobicyclon, 3-[2-chloro-4-(methylsulfonyl)benzoyl]-4-(phenylthio)bicyclo-[3.2.1]oct-3-en-2-one), in or on the following raw agricultural commodities: (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of the insecticide cyclaniliprole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1 cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-pyrazole-5 carboxamide, in or on the commodity. Commodity Parts per million Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/82-FR-20283 https://www.federalregister.gov/citation/82-FR-19001 https://www.ecfr.gov/current/title-40/section-180.1#p-180.1(l) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 958/1218 Almond, hulls 6.0 Apple, wet pomace 0.50 Berry, low growing, subgroup 13-07G 0.4 Bushberry subgroup 13-07B 1.5 Caneberry subgroup 13-07A 0.8 Cattle, fat 0.015 Cattle, meat 0.01 Cattle, meat byproducts 0.015 Fruit, citrus, group 10-10, oil 30 Fruit, pome, group 11-10 0.30 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.80 Fruit, small, vine climbing, except grape, subgroup 13-07E 1 Fruit, stone, group 12-12 1.0 Goat, fat 0.015 Goat, meat 0.01 Goat, meat byproducts 0.015 Grapefruit subgroup 10-10C 0.2 Horse, fat 0.015 Horse, meat 0.01 Horse, meat byproducts 0.015 Lemon/lime subgroup 10-10B 0.3 Milk 0.015 Nut, tree, group 14-12 0.03 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 959/1218 Orange subgroup 10-10A 0.4 Potato, wet peel 0.06 Sheep, fat 0.015 Sheep, meat 0.01 Sheep, meat byproducts 0.015 Tea, dried 50 Vegetable, Brassica, head and stem, group 5-16 1.0 Vegetable, cucurbit, group 9 0.15 Vegetable, fruiting, group 8-10 0.20 Vegetable, leafy, group 4-16 15 Vegetable, tuberous and corm, subgroup 1C 0.01 There are no U.S. registrations for tea. [82 FR 36094, Aug. 3, 2017, as amended at 84 FR 50763, Sept. 26, 2019] § 180.696 Tolpyralate; tolerances for residues. Corn, �eld, forage 0.01 Corn, �eld, grain 0.01 1 1 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of tolpyralate, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only tolpyralate, 1-[[1 ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-(methylsulfonyl)benzoyl]-1H-pyrazol-5-yl]oxy]ethyl methyl carbonate, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/82-FR-36094 https://www.federalregister.gov/citation/84-FR-50763 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 960/1218 Corn, �eld, stover 0.01 Corn, pop, grain 0.01 Corn, pop, stover 0.01 Corn, sweet, forage 0.01 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 0.01 [82 FR 34882, July 27, 2017] § 180.697 Flutianil; tolerances for residues. Table 1 to Paragraph (a) Apple 0.15 Apple, wet pomace 0.30 Berry, low growing, subgroup 13-07G 0.5 Cherry subgroup 12-12A 0.4 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 0.7 Hop, dried cones 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for the combined residues of the fungicide �utianil, including its metabolites and degradates in or on food commodities in Table 1 to this paragraph (a). Compliance with the tolerance levels speci�ed in Table 1 is to be determined by measuring only �utianil, (2Z)-2-[2-�uoro-5-(tri�uoromethyl)phenyl]sulfanyl 2-[3-(2-methoxyphenyl)thiazolidin-2-ylidene]acetonitrile in or on the following commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/82-FR-34882 https://www.ecfr.gov/current/title-40/section-180.697#p-180.697(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 961/1218 Melon subgroup 9A 0.07 Squash/cucumber subgroup 9B 0.2 [83 FR 12268, Mar. 21, 2018, as amended at 84 FR 70026, Dec. 20, 2019] § 180.698 Chlormequat chloride; tolerances for residues. Barley, grain 2.0 Cattle, meat byproduct 0.50 Cattle, meat 0.20 Egg 0.10 Goat, meat byproduct 0.50 Goat, meat 0.20 Hog, meat byproduct 0.50 Hog, meat 0.20 Milk 0.50 Oat, grain 40 Poultry, meat byproduct 0.10 (b) Section 18 emergency exemptions . [Reserved] (c) Tolerances with regional registrations . [Reserved] (d) Indirect or inadvertent residues . [Reserved] (a) General. Tolerances are established for the residues of the plant regulator chlormequat chloride, including its metabolites and degradates in or on food commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only chlormequat chloride [(2-chloroethyl) trimethylammonium chloride in or on the following commodities: 1 1 1 1 1 1 1 1 1 2 1 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/83-FR-12268 https://www.federalregister.gov/citation/84-FR-70026 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 962/1218 Poultry, meat 0.04 Sheep, meat byproduct 0.50 Sheep, meat 0.20 Wheat, grain 3.0 There are no U.S. registrations for this commodity as of April 25, 2018. There are no U.S. registrations for this commodity. [83 FR 17929, Apr. 25, 2018, as amended at 85 FR 31386, May 26, 2020] § 180.699 Pydi�umetofen; tolerances for residues. Almond, hulls 9 Apple, wet pomace 1 Barley, grain 4.0 Barley, hay 30 Barley, straw 30 Berry, low growing, subgroup 13-07G 1 Brassica, leafy greens, subgroup 4-16B 50 Bushberry subgroup 13-07B 5 1 1 1 1 1 2 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of pydi�umetofen, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only pydi�umetofen (3-(di�uoromethyl)-N-methoxy-1-methyl-N-[1-methyl-2-(2,4,6 trichlorophenyl)ethyl]-1H-pyrazole-4-carboxamide) in or on the commodity: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/83-FR-17929 https://www.federalregister.gov/citation/85-FR-31386 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 963/1218 Cattle, fat 0.03 Cattle, meat 0.01 Cattle, meat byproducts 0.03 Cherry subgroup 12-12A 2 Corn, �eld, �our 0.02 Corn, �eld, forage 6.0 Corn, �eld, grain 0.015 Corn, �eld, milled byproducts 0.06 Corn, �eld, stover 15 Corn, pop, forage 6.0 Corn, pop, grain 0.015 Corn, pop, stover 10 Corn, sweet, forage 5.0 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 9.0 Cotton, gin byproducts 7 Cottonseed subgroup 20C 0.4 Fruit, citrus, group 10-10 1 Fruit, citrus, group 10-10, oil 30 Fruit, pome, group 11-10 0.2 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 1.5 Goat, fat 0.03 Goat, meat 0.01 Goat, meat byproducts 0.03 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 964/1218 Grain, aspirated fractions 100 Grape, raisin 2.0 Horse, fat 0.03 Horse, meat 0.01 Horse, meat byproducts 0.03 Leaf petiole vegetable subgroup 22B 15 Leafy greens subgroup 4-16A 40 Milk 0.03 Nut, tree, group 14-12 0.07 Oat, forage 10 Oat, grain 3.0 Oat, hay 40 Oat, straw 20 Onion, bulb, subgroup 3-07A 0.2 Onion, green, subgroup 3-07B 2 Pea and bean, succulent shelled, subgroup 6B 0.1 Pea, �eld, forage 6.0 Pea, �eld, hay 40 Peach subgroup 12-12B 1 Peanut 0.02 Peanut, hay 30 Peanut, re�ned oil 0.05 Peas and bean, dried shelled, except soybean, subgroup 6C 0.40 Plum, prune, dried 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 965/1218 Plum subgroup 12-12C 0.6 Potato, processed potato waste 0.03 Potato, wet peel 0.03 Quinoa, grain 4.0 Rapeseed subgroup 20A 0.90 Rye, grain 0.30 Rye, hay 50 Rye, straw 30 Sheep, fat 0.03 Sheep, meat 0.01 Sheep, meat byproducts 0.03 Sorghum, grain, forage 1.5 Sorghum, grain, grain 3 Sorghum, grain, stover 10 Soybean, seed 0.40 Sun�ower subgroup 20B 0.5 Tomato, dried 3.0 Vegetable, Brassica, head and stem, group 5-16 3 Vegetable, cucurbit, group 9 0.50 Vegetable, fruiting, group 8-10 0.60 Vegetable, leaves of root and tuber, group 2 10 Vegetable, legume, edible podded, subgroup 6A 1 Vegetable, root, subgroup 1A 0.5 Vegetable, tuberous and corm subgroup 1C 0.015 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 966/1218 Wheat, forage 15 Wheat, germ 0.40 Wheat, grain 0.30 Wheat, hay 50 Wheat, milled byproducts 2.0 Wheat, straw 30 Table 2 to Paragraph (d) Animal feed, nongrass, group 18, hay 0.04 Grass, forage, fodder and hay, group 17, except straw 0.7 Grass, forage, fodder and hay, group 17, straw 0.04 [83 FR 24044, May 24, 2018, as amended at 84 FR 39767, Aug. 12, 2019; 85 FR 55196, Sept. 4, 2020] § 180.700 A�idopyropen; tolerances for residues. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for residues of pydi�umetofen, including its metabolites and degradates, in or on the commodities in table 2 to this paragraph (d). Compliance with the tolerance levels speci�ed in table 2 to this paragraph (d) is to be determined by measuring only pydi�umetofen (3 (di�uoromethyl)-N-methoxy-1-methyl-N-[1-methyl-2-(2,4,6-trichlorophenyl)ethyl]-1H pyrazole-4-carboxamide) in or on the commodity: (a) General. (1) Tolerances are established for residues of a�dopyropen, including its metabolites and degradates, in or on the commodities in table 1 to this paragraph (a)(1). Compliance with the tolerance levels speci�ed in this paragraph (a)(1) is to be determined by measuring only a�dopyropen, [(3S,4R,4aR,6S,6aS,12R,12aS,12bS)-3 [(cyclopropylcarbonyl)oxy]-1,3,4,4a,5,6a,12,12a,12b-decahydro-6,12-dihydroxy 4,6a,12b-trimethyl-11-oxo-9-(3-pyridinyl)2H,11H-naphtho[2,1-b]pyrano[3,4-e]pyran-4 yl]methyl cyclopropanecarboxylate, in or on the following food commodities: Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/83-FR-24044 https://www.federalregister.gov/citation/84-FR-39767 https://www.federalregister.gov/citation/85-FR-55196 https://www.ecfr.gov/current/title-40/section-180.699#p-180.699(d) https://www.ecfr.gov/current/title-40/section-180.699#p-180.699(d) https://www.ecfr.gov/current/title-40/section-180.700#p-180.700(a)(1) https://www.ecfr.gov/current/title-40/section-180.700#p-180.700(a)(1) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 967/1218 Table 1 to Paragraph (a)(1) Alfalfa, seed 0.3 Almond, hulls 0.3 Animal feed, nongrass, group 18, forage 4 Animal feed, nongrass, group 18, hay 9 Animal feed, nongrass, group 18, straw 5 Apple, wet pomace 0.05 Brassica, head and stem, group 5-16 0.50 Brassica, leafy greens, subgroup 4-16B 5.0 Citrus, oil 0.40 Cotton, gin byproducts 2.0 Cotton, undelinted seed 0.08 Fruit, citrus, group 10-10 0.15 Fruit, pome, group 11-10 0.02 Fruit, stone, group 12-12 0.03 Grain, aspirated fractions 60 Grass, forage, fodder and hay, group 17 10 Leafy Greens, subgroup 4-16A 2.0 Leaf petiole vegetable subgroup 22B 3.0 Nut, tree, group 14-12 0.01 Sorghum, grain, forage 0.3 Sorghum, grain, grain 0.15 Sorghum, grain, stover 0.3 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 968/1218 Sorghum, sweet, forage 0.3 Sorghum, sweet, grain 0.15 Sorghum, sweet, stalk 0.3 Sorghum, sweet, stover 0.3 Soybean, forage 0.15 Soybean, hay 0.4 Soybean, seed 0.01 Strawberry 0.15 Tomato, dried 0.50 Vegetable, cucurbit, group 9 0.70 Vegetable, fruiting, group 8-10 0.2 Vegetable, tuberous and corm, subgroup 1C 0.01 Table 2 to Paragraph (a)(2) Cattle, meat 0.2 Cattle, meat byproducts 0.2 Goat, meat 0.2 (2) Tolerances are established for residues of a�dopyropen, including its metabolites and degradates, in or on the commodities in table 2 to this paragraph (a)(2). Compliance with the tolerance levels speci�ed in this paragraph (a)(2) is to be determined by measuring only the sum of a�dopyropen, [(3S,4R,4aR,6S,6aS,12R,12aS,12bS)-3 [(cyclopropylcarbonyl)oxy]-1,3,4,4a,5,6a,12,12a,12b-decahydro-6,12-dihydroxy 4,6a,12b-trimethyl-11-oxo-9-(3-pyridinyl)2H,11H-naphtho[2,1-b]pyrano[3,4-e]pyran-4 yl]methyl cyclopropanecarboxylate and its metabolite cyclopropanecarboxylic acid carnitine (CPCA-carnitine), calculated as the stoichiometric equivalent of a�dopyropen in or on the following animal commodities: Commodity Parts per million Commodity CHED H='1'>Parts per million https://www.ecfr.gov/current/title-40/section-180.700#p-180.700(a)(2) https://www.ecfr.gov/current/title-40/section-180.700#p-180.700(a)(2) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 969/1218 Goat, meat byproducts 0.2 Horse, meat 0.2 Horse, meat byproducts 0.2 Milk 0.04 Sheep, meat 0.2 Sheep, meat byproducts 0.2 [83 FR 46401, Sept. 13, 2018, as amended at 85 FR 63459, Oct. 8, 2020] § 180.701 Pyri�uquinazon; tolerances for residues. Almond, hulls 0.60 Cherry subgroup 12-12A 0.30 Citrus, dried pulp 2.0 Citrus, oil 30 Cotton, gin byproducts 6.0 Cotton, undelinted seed 0.30 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the insecticide pyri�uquinazon, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of pyri�uquinazon (1-acetyl-3,4-dihydro-3-[(3 pyridinylmethyl)amino]-6-[1,2,2,2-tetra�uoro-1-(tri�uoromethyl)ethyl]-2(1H) quinazolinone) and its metabolite IV-01 (3-[(pyridin-3-ylmethyl)amino]-6-[1,2,2,2 tetra�uoro-1-(tri�uoromethyl)ethyl]-3,4-dihydro-1H-quinazolin-2-one), calculated as the stoichiometric equivalent of pyri�uquinazon. Commodity CHED H='1'>Parts per million Commodity Parts per million https://www.federalregister.gov/citation/83-FR-46401 https://www.federalregister.gov/citation/85-FR-63459 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 970/1218 Fruit, citrus, group 10-10 0.70 Fruit, pome, group 11-10 0.07 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13 07F 0.30 Leaf petiole vegetable, subgroup 22B 1.5 Peach subgroup 12-12B 0.04 Plum subgroup 12-12C 0.02 Nut, tree, group 14-12 0.02 Tea, dried 20 Vegetable, brassica, head and stem, group 5-16 0.60 Vegetable, cucurbit, group 9 0.07 Vegetable, fruiting, group 8-10 0.30 Vegetable, leafy, group 4-16 5.0 Vegetable, tuberous and corm, subgroup 1C 0.02 There are no U.S. registrations as of November 26, 2018 for use on tea. Cattle, liver 0.04 Goat, liver 0.04 1 1 (2) Tolerances are established for residues of the insecticide pyri�uquinazon, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of pyri�uquinazon (1-acetyl-3,4-dihydro-3-[(3 pyridinylmethyl)amino]-6-[1,2,2,2-tetra�uoro-1-(tri�uoromethyl)ethyl]-2(1H) quinazolinone) and the free and conjugated forms of its metabolites IV-01 (3 [(pyridin-3-ylmethyl)amino]-6-[1,2,2,2-tetra�uoro-1-(tri�uoromethyl)ethyl]-3,4-dihydro 1H-quinazolin-2-one) and IV-203 (6-[1,2,2,2-tetra�uoro-1-tri�uoromethyl)ethyl]-1H quinazolin-2,4-dione), calculated as the stoichiometric equivalent of pyri�uquinazon. Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 971/1218 Horse, liver 0.04 Sheep, liver 0.04 [83 FR 60371, Nov. 26, 2018] § 180.702 Bixafen; tolerances for residues. Beet, sugar, dried pulp 1.0 Grain, aspirated grain fractions 80 Grain, cereal, forage, fodder, and straw, group 16, except rice 20 Grain, cereal, group 15, except rice and grain sorghum 0.40 Peanut 0.01 Peanut, hay 8.0 Radish, tops 3.0 Sorghum, grain, grain 3.0 Soybean, hulls 0.15 Soybean, seed 0.04 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the fungicide bixafen, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only bixafen, N-(3,4-dichloro-5-�uorobiphenyl-2-yl)-3-(di�uoromethyl)-1 methylpyrazole-4-carboxamide, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/83-FR-60371 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 972/1218 Vegetable, root, subgroup 1A 0.30 Vegetable, tuberous and corm, subgroup 1C 0.01 Cattle, fat 0.08 Cattle, meat byproducts 0.40 Cattle, muscle 0.08 Goat, fat 0.08 Goat, meat byproducts 0.40 Goat, muscle 0.08 Horse, fat 0.08 Horse, meat byproducts 0.40 Horse, muscle 0.08 Milk 0.04 Sheep, fat 0.08 Sheep, meat byproducts 0.40 Sheep, muscle 0.08 (2) Tolerances are established for residues of the fungicide bixafen, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of bixafen, N-(3,4-dichloro-5-�uorobiphenyl-2-yl)-3 (di�uoromethyl)-1-methylpyrazole-4-carboxamide, and its desmethyl metabolite, N (3′,4′-dichloro-5-�uoro[1,1′-biphenyl]-2-yl)-3-(di�uoromethyl)-1H-pyrazole-4 carboxamide, calculated as the stoichiometric equivalent of bixafen, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 973/1218 [83 FR 62485, Dec. 4, 2018] § 180.703 6-benzyladenine; tolerances for residues. Avocado 0.02 Cucumber 0.01 Melon 0.01 Pepper 0.01 Squash 0.01 Tomato 0.01 [83 FR 64030, Dec. 13, 2018] § 180.704 Sulfometuron-methyl; tolerances for residues. Sugarcane, cane 0.1 There are no U.S. Registrations on Sugarcane as of September 24, 2018. (a) General. Tolerances are established for residues of the plant growth regulator, 6 benzyladenine in or on the commodities listed in the table below. Compliance with the tolerance levels speci�ed in this paragraph is to be determined by measuring only 6 benzyladenine in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. (1) Tolerances are established for residues of the herbicide sulfometuron-methyl, including its metabolites and degradates, in or on the commodity in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only sulfometuron-methyl, (methyl 2-[[[[(4,6-dimethyl-2 pyrimidinyl)amino]carbonyl]amino]sulfonyl]benzoate), in or on the following raw agricultural commodities: 1 1 Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/83-FR-62485 https://www.federalregister.gov/citation/83-FR-64030 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 974/1218 [84 FR 11420, Mar. 27, 2019] § 180.705 Mefentri�uconazole; tolerances for residues. Table 1 to Paragraph (a) Almond, hulls 4 Animal feed, nongrass, group 18, forage 15 Animal feed, nongrass, group 18, hay 30 Beet, sugar, dried pulp 2 Beet, sugar, leaves 9 Beet, sugar, roots 0.6 Berry, low growing, subgroup 13-07G 2 Bushberry, subgroup 13-07B 5 Caneberry, subgroup 13-07A 3 Cattle, fat 1 Cattle, meat 0.15 Cattle, meat byproducts 1.5 Cherry subgroup 12-12A 4 Corn, �eld, grain 0.01 Corn, milled byproducts 0.03 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of mefentri�uconazole, including its metabolites and degradates, in or on the commodities in Table 1 to this paragraph (a). Compliance with the tolerance levels speci�ed in Table 1 to this paragraph (a) is to be determined by measuring only mefentri�uconazole, α-[4-(4-chlorophenoxy)-2 (tri�uoromethyl)phenyl]-α-methyl-1H-1,2,4-triazole-1-ethanol, in or on the commodity. Commodity Parts per million https://www.federalregister.gov/citation/84-FR-11420 https://www.ecfr.gov/current/title-40/section-180.705#p-180.705(a) https://www.ecfr.gov/current/title-40/section-180.705#p-180.705(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 975/1218 Corn, pop, grain 0.01 Corn, sweet, kernel plus cob with husks removed 0.03 Cotton, gin byproducts 10 Cottonseed subgroup 20C 0.2 Egg 0.01 Fruit, citrus, group 10-10, dried pulp 2 Fruit, citrus, group 10-10, oil 15 Fruit, pome, group 11-10 1.5 Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F 1.5 Goat, fat 1 Goat, meat 0.15 Goat, meat byproducts 1.5 Grain, aspirated grain fractions 6 Grain, cereal, forage, fodder, and straw, group 16, forage 6 Grain, cereal, forage, fodder, and straw, group 16, hay 15 Grain, cereal, forage, fodder, and straw, group 16, stover 9 Grain, cereal, forage, fodder, and straw, group 16, straw 30 Grain, cereal, group 15, except wheat and corn 4 Grape, raisin 4 Grapefruit subgroup 10-10C 0.5 Grass, forage, fodder and hay, group 17, forage 50 Grass, forage, fodder and hay, group 17, hay 100 Hog, fat 0.015 Hog, meat 0.01 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 976/1218 Hog, meat byproducts 0.03 Horse, fat 1 Horse, meat 0.15 Horse, meat byproducts 1.5 Lemon/lime subgroup 10-10B 1 Lentil, dry, seed 2 Lettuce, head 5 Melon subgroup 9A 0.5 Milk 0.15 Milk, fat 4 Nut, tree, group 14-12 0.06 Onion, bulb, subgroup 3-07A 0.2 Onion, green, subgroup 3-07B 4 Orange subgroup 10-10A 0.6 Peach subgroup 12-12B 1.5 Peanut 0.01 Peanut, hay 30 Plum prune, dried 4 Plum subgroup 12-12C 2 Poultry, fat 0.015 Poultry, meat 0.015 Poultry, meat byproducts 0.015 Rapeseed subgroup 20A 1 Sheep, fat 1 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 977/1218 Sheep, meat 0.15 Sheep, meat byproducts 1.5 Soybean, seed 0.4 Squash/cucumber subgroup 9B 0.2 Sugarcane, cane 1.5 Sun�ower subgroup 20B 0.15 Tomato, dried 4 Vegetable, foliage of legume, group 7 20 Vegetable, fruiting, group 8-10 0.9 Vegetable, leafy, group 4-16, except head lettuce 30 Vegetable, leaves of root and tuber, group 2 20 Vegetable, legume, group 6, except lentil and soybean seed 0.15 Vegetable, root, except sugar beet, subgroup 1B 0.7 Vegetable, tuberous and corm, subgroup 1C 0.04 Wheat, grain 0.3 [84 FR 30945, June 28, 2019, as amended at 85 FR 71000, Nov. 6, 2020] § 180.706 Valifenalate; tolerances for residues. (b-d) [Reserved] (a) (1) Tolerances are established for residues of the fungicide valifenalate, including its metabolites and degradates, in or on the following commodities. Compliance with the tolerance levels is to be determined by measuring only valifenalate (methyl N (isopropoxycarbonyl)-L-valyl-(3RS)-3-(4-chlorophenyl)-β-alainate), in or on the following commodities. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/84-FR-30945 https://www.federalregister.gov/citation/85-FR-71000 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 978/1218 Celery 5 Grape 5 Grape, raisin 6 Vegetable, bulb, group 3-07 0.6 Vegetable, cucurbit, group 9 0.3 Vegetable, fruiting, group 8-10 1 As of July 1, 2019, valifenalate is not registered in the United States for use on this commodity. Potato 0.04 Potato, granules/�akes 0.09 [84 FR 31218, July 1, 2019] § 180.708 Isotianil; tolerances for residues. 1 1 1 (2) Tolerances are established for residues of the fungicide valifenalate, including its metabolites and degradates, in or on the following commodities. Compliance with the tolerance levels is to be determined by measuring only the sum of valifenalate, methyl N-(isopropoxycarbonyl)-L-valyl-(3RS)-3-(4-chlorophenyl)-β-alainate and valifenalate acid, 3-(4-chlorophenyl)-3-[[N-(isopropoxycarbonyl)-L-valyl]-amino] propionic acid calculated as the stoichiometric equivalent of valifenalate, in or on the following commodities. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] (a) General. Tolerances are established for residues of isotianil, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance level speci�ed in the table in this paragraph (a) is to be determined by measuring only isotianil (3,4-dichloro-N-(2-cyanophenyl)-5-isothiazolecarboxamide) in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/84-FR-31218 https://www.ecfr.gov/current/title-40/section-180.708#p-180.708(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 979/1218 Banana 0.02 There are no U.S. registrations for bananas as of November 1, 2019. [84 FR 58627, Nov. 1, 2019] § 180.709 Tetraniliprole; tolerances for residues. Table 1 to Paragraph (a) Almond, hulls 4 Cattle, fat 0.04 Cattle, meat 0.02 Cattle, meat byproducts 0.3 Corn, �eld, forage 4 Corn, �eld, grain 0.01 Corn, �eld, stover 15 Corn, pop, grain 0.01 Corn, pop, stover 15 Corn, sweet, forage 6 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 20 1 1 (b) [Reserved] (a) General. Tolerances are established for residues of tetraniliprole, including its metabolites and degradates, in or on the commodities in table 1 in this paragraph (a). Compliance with the tolerance levels speci�ed in table 1 in this paragraph (a) is to be determined by measuring only tetraniliprole 1-(3-chloro-2-pyridinyl)-N-[4-cyano-2-methyl-6 [(methylamino)carbonyl]phenyl]-3-[[5-(tri�uoromethyl)-2H-tetrazol-2-yl]methyl]-1H pyrazole-5-carboxamide. CommodityCommodity Parts per millionParts per million Commodity Parts per million https://www.federalregister.gov/citation/84-FR-58627 https://www.ecfr.gov/current/title-40/section-180.709#p-180.709(a) https://www.ecfr.gov/current/title-40/section-180.709#p-180.709(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 980/1218 Fruit, citrus, group 10-10, oil 7 Fruit, pome, group 11-10 0.5 Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 1.5 Fruit, stone, group 12-12 1 Goat, fat 0.04 Goat, meat 0.02 Goat, meat byproducts 0.3 Grain, aspirated fractions 50 Grapefruit subgroup 10-10C 0.9 Horse, fat 0.04 Horse, meat 0.02 Horse, meat byproducts 0.3 Lemon/lime subgroup 10-10B 1.5 Milk 0.05 Nut, tree, group 14-12 0.03 Orange subgroup 10-10A 1 Sheep, fat 0.04 Sheep, meat 0.02 Sheep, meat byproducts 0.3 Soybean, forage 0.07 Soybean, hay 0.2 Soybean, hulls 0.4 Soybean, seed 0.2 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 981/1218 Tomato, paste 1.5 Vegetable, brassica, head and stem, group 5-16 1.5 Vegetable, fruiting, group 8-10 0.4 Vegetable, leafy, group 4-16 20 Vegetable, tuberous and corm, subgroup 1C 0.015 Table 2 to Paragraph (d) Alfalfa, forage 0.015 Alfalfa, hay 0.06 Cotton, gin byproducts 30 Cottonseed subgroup 20C 0.4 Grain, cereal, forage, fodder and straw, group 16, except �eld corn, popcorn and sweet corn 0.1 Vegetable, foliage of legume, except soybean, subgroup 7A 0.03 [86 FR 11138, Feb. 24, 2021] § 180.710 Pethoxamid; tolerances for residues. (b-c) [Reserved] (d) Indirect or inadvertent residues. Tolerances are established for indirect or inadvertent residues of tetraniliprole, including its metabolites and degradates, in or on the commodities in table 2 in this paragraph (d). Compliance with the tolerance levels speci�ed in table 2 in this paragraph (d) is to be determined by measuring only tetraniliprole 1-(3-chloro-2-pyridinyl)-N-[4-cyano-2-methyl-6 [(methylamino)carbonyl]phenyl]-3-[[5-(tri�uoromethyl)-2H-tetrazol-2-yl]methyl]-1H pyrazole-5-carboxamide. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/86-FR-11138 https://www.ecfr.gov/current/title-40/section-180.709#p-180.709(d) https://www.ecfr.gov/current/title-40/section-180.709#p-180.709(d) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 982/1218 Cattle, fat 0.01 Cattle, meat 0.01 Cattle, meat byproducts 0.01 Corn, �eld, forage 0.01 Corn, �eld, grain 0.01 Corn, �eld, stover 0.01 Corn, pop, grain 0.01 Corn, pop, stover 0.01 Corn, sweet, forage 0.01 Corn, sweet, kernel plus cob with husk removed 0.01 Corn, sweet, stover 0.01 Cotton, gin byproducts 0.01 Cotton, undelinted seed 0.01 Egg 0.01 Goat, fat 0.01 Goat, meat 0.01 Goat, meat byproducts 0.01 Hog, fat 0.01 Hog, meat 0.01 Hog, meat byproducts 0.01 (a) General. Tolerances are established for residues of the herbicide pethoxamid, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only pethoxamid, 2-chloro-N-(2-ethoxyethyl)-N-(2-methyl-1-phenyl-1-propen-1-yl) acetamide in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 983/1218 Horse, fat 0.01 Horse, meat 0.01 Horse, meat byproducts 0.01 Milk 0.01 Poultry, fat 0.01 Poultry, meat 0.01 Poultry, meat byproducts 0.01 Sheep, fat 0.01 Sheep, meat 0.01 Sheep, meat byproducts 0.01 Soybean, forage 0.01 Soybean, hay 0.01 Soybean, seed 0.01 [ 85 FR 48659, Aug. 12, 202] § 180.711 1-Aminocyclopropane-1-carboxylic acid (1-ACC); exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for 1-aminocyclopropane-1 carboxylic acid (1-ACC) in or on apple and stone fruit when applied in accordance with good agricultural practices. [86 FR 33892, June 28, 2021] § 180.712 Inpyr�uxam; tolerances for residues. (b) [Reserved] (a) General. (1) Tolerances are established for residues of the fungicide inpyr�uxam, including its metabolites and degradates, in or on the commodities in Table 1 to this section. Compliance with the tolerance levels speci�ed in Table 1 to this section is to be Commodity Parts per million https://www.federalregister.gov/citation/85-FR-48659 https://www.federalregister.gov/citation/86-FR-33892 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 984/1218 Table 1 to § 180.712 Apple 0.01 Beet, sugar, roots 0.01 Corn, �eld, forage 0.02 Corn, �eld, grain 0.01 Corn, �eld, stover 0.02 Corn, pop, grain 0.01 Corn, pop, stover 0.02 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, forage 0.02 Corn, sweet, stover 0.02 Peanut 0.01 Peanut, hay 2 Rice, grain 0.01 Soybean, seed 0.01 Table 2 to § 180.712 determined by measuring only inpyr�uxam (3-(di�uoromethyl)-N-[(3R)-2,3-dihydro 1,1,3-trimethyl-1H-inden-4-yl]-1-methyl-1H-pyrazole-4-carboxamide), in or on the following commodities: (2) Tolerances are established for residues of inpyr�uxam, including its metabolites and degradates, in or on the commodities in Table 2 to this section. Compliance with the tolerance levels speci�ed in Table 2 to this section is to be determined by measuring the free and conjugated forms of the sum of inpyr�uxam (3-(di�uoromethyl)-N [(3R)-2,3-dihydro-1,1,3-trimethyl-1H-inden-4-yl]-1-methyl-1H-pyrazole-4-carboxamide, and its metabolites 3-(di�uoromethyl)-N-[1′-(hydroxymethyl)-(1′S,3′R)-1′,3′-dimethyl 2′,3′-dihydro-1′H-inden-4′-yl]-1-methyl-1H-pyrazole-4-carboxamide and 3 (di�uoromethyl)-N-[1′-(hydroxymethyl)-(1′R,3′S)-1′,3′-dimethyl-2′,3′-dihydro-1′H-inden 4′-yl]-1-methyl-1H-pyrazole-4-carboxamid, calculated as the stoichiometric equivalent of inpyr�uxam, in or on the commodity: Commodity Parts per million https://www.ecfr.gov/current/title-40/section-180.712 https://www.ecfr.gov/current/title-40/section-180.712 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 985/1218 Cattle, fat 0.01 Cattle, meat 0.01 Cattle, meat byproducts 0.01 Egg 0.01 Goat, fat 0.01 Goat, meat 0.01 Goat, meat byproducts 0.01 Hog, fat 0.01 Hog, meat 0.01 Hog, meat byproducts 0.01 Horse, fat 0.01 Horse, meat 0.01 Horse, meat byproducts 0.01 Milk 0.01 Poultry, fat 0.01 Poultry, meat 0.01 Poultry, meat byproducts 0.01 Sheep, fat 0.01 Sheep, meat 0.01 Sheep, meat byproducts 0.01 [85 FR 52488, Aug. 26, 2020] ยง 180.713 Tiafenacil; tolerances for residues. (b-d) [Reserved] Commodity Parts per million https://www.federalregister.gov/citation/85-FR-52488 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 986/1218 Table 1 to Paragraph (a)(1) Corn, �eld, grain 0.01 Corn, pop, grain 0.01 Cottonseed subgroup 20C 0.3 Grape 0.01 Soybean, seed 0.01 Wheat, grain 0.01 Table 2 to Paragraph (a)(2) Cotton, gin byproducts 3 Corn, �eld, forage 0.05 Corn, �eld, stover 0.05 (a) General. (1) Tolerances are established for residues of the herbicide tiafenacil, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only tiafenacil, methyl N-[2-[[2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4 (tri�uoromethyl)-1(2H)-pyrimidinyl]-4-�uorophenyl]thio]-1-oxopropyl]-β-alaninate, in or on the following commodities: (2) Tolerances are established for residues of the herbicide tiafenacil, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels speci�ed below is to be determined by measuring only the sum of tiafenacil, methyl N-[2-[[2-chloro-5-[3,6-dihydro-3-methyl 2,6-dioxo-4-(tri�uoromethyl)-1(2H)-pyrimidinyl]-4-�uorophenyl]thio]-1-oxopropyl]-β alaninate and its metabolites 2-(2-chloro-4-�uoro-5-(3-methyl-2,6-dioxo-4 (tri�uoromethyl)-2,3-dihydropyrimidin-1(6H)-yl)phenylsul�nyl)propanoic acid and 2 (2-chloro-5-(2,6-dioxo-4-(tri�uoromethyl)-2,3-dihydropyrimidin-1(6H)-yl)-4 �uorophenylsul�nyl)propanoic acid, calculated as the stoichiometric equivalent of tiafenacil, in or on the following commodities: Commodity Parts per million Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 987/1218 Corn, pop, stover 0.05 Soybean, forage 0.15 Soybean, hay 0.3 Wheat, forage 0.05 Wheat, hay 0.08 Wheat, straw 0.07 [85 FR 55384, Sept. 8, 2020] § 180.714 Bro�anilide; tolerances for residues. Table 1 to Paragraph (a)(1) Amaranth, grain, grain 0.01 Amaranth, grain, stover 0.01 Cañihua, grain 0.01 Chia, grain 0.01 Corn, �eld, milled byproducts 0.015 Cram-cram, grain 0.01 (b-d) [Reserved] (a) General. (1) Tolerances are established for residues of bro�anilide, including its metabolites and degradates, in or on the commodities to Table 1 of this section. Compliance with the tolerance levels speci�ed in Table 1 is to be determined by measuring only bro�anilide, 3-(benzoylmethylamino)-N-[2-bromo-4-[1,2,2,2-tetra�uoro-1 (tri�uoromethyl)ethyl]-6-(tri�uoromethyl)phenyl]-2-�uorobenzamide, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/85-FR-55384 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 988/1218 Grain, cereal, group 15, except rice 0.01 Food and feed commodities (other than those covered by a higher tolerance) 0.01 Grain, cereal, forage, fodder, and straw, group 16, except rice 0.01 Huauzontle, grain 0.01 Potato, wet peel 0.08 Quinoa, forage 0.01 Quinoa, grain 0.01 Quinoa, hay 0.01 Quinoa, straw 0.01 Spelt, grain 0.01 Teff, forage 0.01 Teff, grain 0.01 Teff, hay 0.01 Teff, straw 0.01 Vegetable, tuberous and corm, subgroup 1C 0.04 Table 2 to Paragraph (a)(2) (2) Tolerances are established for residues of bro�anilide, including its metabolites and degradates, in or on the commodities to Table 2 of this section. Compliance with the tolerance levels speci�ed in Table 2 is to be determined by measuring the sum of bro�anilide, 3-(benzoylmethylamino)-N-[2-bromo-4-[1,2,2,2-tetra�uoro-1 (tri�uoromethyl)ethyl]-6-(tri�uoromethyl)phenyl]-2-�uorobenzamide, and its metabolite 3-benzamido-N-[2-bromo-4-(per�uoropropan-2-yl)-6 (tri�uoromethyl)phenyl]-2-�uorobenzamide, calculated as the stoichiometric equivalent of bro�anilide, in or on the commodity. Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 989/1218 Cattle, fat 0.02 Cattle, meat 0.02 Cattle, meat byproducts 0.02 Egg 0.02 Goat, fat 0.02 Goat, meat 0.02 Goat, meat byproducts 0.02 Hog, fat 0.02 Hog, meat 0.02 Hog, meat byproducts 0.02 Horse, fat 0.02 Horse, meat 0.02 Horse, meat byproducts 0.02 Milk 0.02 Poultry, fat 0.02 Poultry, meat 0.02 Poultry, meat byproducts 0.02 Sheep, fat 0.02 Sheep, meat 0.02 Sheep, meat byproducts 0.02 [85 FR 81805, Dec. 17, 2020] ยง 180.715 Fluxametamide; tolerances for residues. (b-d) [Reserved] CommodityCommodity Parts per million Parts per million https://www.federalregister.gov/citation/85-FR-81805 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 990/1218 Table 1 to Paragraph (a) Tea, dried 5 Tea, instant 5 [86 FR 9866, Feb. 17, 2021] § 180.716 Fluindapyr; tolerances for residues. Table 1 to Paragraph (a)(1) Almond, hulls 15 Cattle, fat 0.03 Cattle, meat 0.01 Corn, �eld, grain 0.01 Corn, sweet, kernel plus cob with husks removed 0.01 Corn, sweet, stover 20 (a) General. Tolerances are established for residues of the insecticide �uxametamide, including its metabolites and degradates, in or on the commodities to Table 1 of this section. Compliance with the tolerance levels speci�ed in Table 1 is to be determined by measuring only residues of �uxametamide, 4-[5-(3,5-dichlorophenyl)-4,5-dihydro-5 (tri�uoromethyl)-3-isoxazolyl]-N-[(methoxyamino)methylene]-2-methylbenzamide in or on the commodities: (b-d) [Reserved] (a) General. (1) Tolerances are established for residues of the fungicide �uindapyr, including its metabolites and degradates, in or on the commodities in Table 1 of this section. Compliance with the tolerance levels speci�ed in Table 1 is to be determined by measuring only �uindapyr, 3-(di�uoromethyl)-N-(7-�uoro-1,1,3-trimethyl-2,3-dihydro 1H-inden-4-yl)-1-methyl-1H-pyrazole-4-carboxamide, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/86-FR-9866 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 991/1218 Egg 0.01 Goat, fat 0.03 Goat, meat 0.01 Grain, aspirated fractions 20 Grain, cereal, forage, fodder, and straw, group 16, forage, except rice 15 Grain, cereal, forage, fodder, and straw, group 16, hay, except rice 8 Grain, cereal, forage, fodder, and straw, group 16, stover, except rice 4 Grain, cereal forage, fodder, and straw, group 16, straw, except rice 20 Grain, cereal group 15, except rice and corn 0.8 Hog, fat 0.01 Hog, meat 0.01 Horse, fat 0.03 Horse, meat 0.01 Milk 0.01 Nut, tree, group 14-12 0.04 Poultry, fat 0.01 Poultry, meat 0.01 Sheep, fat 0.03 Sheep, meat 0.01 Commodity Parts per million 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 992/1218 Table 2 to Paragraph (a)(2) Cattle, meat byproducts 0.3 Goat, meat byproducts 0.3 Horse, meat byproducts 0.3 Hog, meat byproducts 0.01 Poultry, meat byproducts 0.01 Sheep, meat byproducts 0.3 [86 FR 13465, Mar. 8, 2021] § 180.717 Tri�udimoxazin; tolerances for residues. Table 1 to Paragraph (a) Almond, hulls 0.15 Fruit, citrus, group 10-10 0.01 Fruit, pome, group 11-10 0.01 (2) Tolerances are established for residues of the fungicide �uindapyr, including its metabolites and degradates, in or on the commodities in Table 2 of this section. Compliance with the tolerance levels speci�ed in Table 2 is to be determined by measuring the sum of �uindapyr, 3-(di�uoromethyl)-N-(7-�uoro-1,1,3-trimethyl-2,3 dihydro-1H-inden-4-yl)-1-methyl-1H-pyrazole-4-carboxamide, and 3-(di�uoromethyl) N-(7-�uoro-1-hydroxymethyl-1,3-dimethyl-2,3-dihydro-lH-inden-4-yl)-1-methyl-lH pyrazole-4-carboxamide, calculated as the stoichiometric equivalent of �uindapyr, in or on the commodity. (b-d) [Reserved] (a) General. Tolerances are established for residues of the herbicide tri�udimoxazin, including its metabolites and degradates, in or on the commodities to Table 1 of this section. Compliance with the tolerance levels speci�ed in Table 1 is to be determined by measuring only tri�udimoxazin, dihydro-1,5-dimethyl-6-thioxo-3-[2,2,7-tri�uoro-3,4-dihydro 3-oxo-4-(2-propyn-1-yl)-2H-1,4-benzoxazin-6-yl]-1,3,5-triazine-2,4(1H,3H)-dione, in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/86-FR-13465 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 993/1218 Grain, cereal, forage, fodder, and straw, Group 16, except rice 0.01 Grain, cereal, group 15, except rice 0.01 Nut, tree, group 14-12 0.01 Peanut 0.01 Peanut, hay 0.01 Vegetable, legume, group 6 0.01 Vegetable, foliage of legume, group 7 0.01 [86 FR 26677, May 17, 2021] § 180.718 Picarbutrazox; tolerances for residues. Table 1 to Paragraph (a) Corn, �eld, forage 0.01 Corn, �eld, grain 0.01 Corn, �eld, stover 0.01 Corn, pop, grain 0.01 Corn, pop, stover 0.01 Corn, sweet, forage 0.01 Corn, sweet, kernel plus cob with husks removed 0.01 (b-d) [Reserved] (a) General. Tolerances are established for residues of the fungicide picarbutrazox, including its metabolites and degradates, in or on the commodities to Table 1 of this section. Compliance with the tolerance levels speci�ed in Table 1 is to be determined by measuring only picarbutrazox (1,1-dimethylethyl N-[6-[[[(Z)-[(1-methyl-1H-tetrazol-5 yl)phenylmethylene]amino]oxy]methyl]-2-pyridinyl]carbamate in or on the commodity. Commodity Parts per million Commodity Parts per million https://www.federalregister.gov/citation/86-FR-26677 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 994/1218 Corn, sweet, stover 0.01 Soybean, forage 0.01 Soybean, hay 0.01 Soybean, seed 0.01 [85 FR 12833, Mar. 5, 2021] Subpart D - Exemptions From Tolerances ยง 180.900 Exemptions from the requirement of a tolerance. An exemption from a tolerance shall be granted when it appears that the total quantity of the pesticide chemical in or on all raw agricultural commodities for which it is useful under conditions of use currently prevailing or proposed will involve no hazard to the public health. [69 FR 23117, Apr. 28, 2004] ยง 180.905 Pesticide chemicals; exemptions from the requirement of a tolerance. [77 FR 59128, Sept. 26, 2012] ยง 180.910 Inert ingredients used pre- and post-harvest; exemptions from the requirement of a tolerance. (b-d) [Reserved] (a) When applied to growing crops, in accordance with good agricultural practice, the following pesticide chemicals are exempt from the requirement of a tolerance: (1) Petroleum oils. (2) Piperonyl butoxide. (3) Pyrethrins. (4) Sabadilla. (b) When applied to growing crops, in accordance with good agricultural practice, the pesticides rotenone or derris or cube roots are exempt from the requirement of a tolerance. There are no U.S. registrations for use of rotenone, derris, or cube roots on food commodities as of March 23, 2011. (c) These pesticides are not exempted from the requirement of a tolerance when applied to a crop at the time of or after harvest. Commodity Parts per million https://www.federalregister.gov/citation/85-FR-12833 https://www.federalregister.gov/citation/69-FR-23117 https://www.federalregister.gov/citation/77-FR-59128 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 995/1218 Residues of the following materials are exempted from the requirement of a tolerance when used in accordance with good agricultural practice as inert (or occasionally active) ingredients in pesticide formulations applied to growing crops or to raw agricultural commodities after harvest: Table 1 to 180.910 Acetic acid Catalyst Acetic anhydride Solvent, cosolvent Acetone Do. Alcohols, C , manuf. of, by-products from, overheads (CAS Reg. No. 876065-86 0) Solvent Alkanoic and alkenoic acids, mono- and diesters of α-hydro-ω-hydroxypoly (oxyethylene) with molecular weight (in amu) range of 200 to 6,000 Emulsi�ers Alkyl (C -C ) benzenesulfonic acid and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts Surfactants, related adjuvants of surfactants C -C -Alkyl dimethyl amine oxides (CAS Reg. Nos. 1643-20-5, 2571-88-2, 2605-79-0, 3332-27-2, 61788-90-7, 68955-55-5, 70592 80-2, 7128-91-8, 85408-48-6, and 85408-49 7) 15% by weight in pesticide formulation Surfactant 2-33 8 24 10 18 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 996/1218 α-alkyl(C - C )-ω hydroxypoly(oxyethylene)sulfate, and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts, poly(oxyethylene) content averages 2-4 moles (CAS Reg. Nos.: 3088-31-1, 3694-74 4, 9004-82-4, 9004-84-6, 9021-91-4, 9086 52-6, 13150-00-0, 15826-16-1, 25446-78-0, 26183-44-8, 27140-00-7, 27731-62-0, 32612-48-9, 34431-25-9, 35015-74-8, 50602-06-7, 52286-18-7, 52286-19-8, 54116-08-4, 55901-67-2, 61702-79-2, 61894-66-4, 62755-21-9, 63428-85-3, 63428-86-4, 63428-87-5, 65086-57-9, 65086-79-5, 65104-74-7, 65122-38-5, 67674-66-2, 67762-19-0, 67762-21-4, 67845-82-3, 67845-83-4, 67923-90-4, 68037-05-8, 68037-06-9, 68171-41-5, 68424-50-0, 68511-39-7, 68585-34-2, 68610-66-2, 68611-29-0, 68611-55-2, 68649-53-6, 68890-88-0, 68891-29-2, 68891-30-5, 68891-38-3, 69011-37-6, 73665-22-2, 75422-21-8, 78330-16-2, 78330-17-3, 78330-25-3, 78330-26-4, 78330-27-5, 78330-28-6, 78330-29-7, 78330-30-0, 96130-61-9, 106597-03-9, 110392-50-2, 119432-41-6, 125301-88-4, 125301-89-5, 125301-92-0, 125736-54-1, 157707-85-2, 160104-51-8, 160901-27-9, 160901-28-0, 160901-29-1, 160901-30-4, 161025-28-1, 161074-79-9, 162063-19-6, 219756-63-5) Not to exceed 30% of formulation Surfactants, related adjuvants of surfactants. α-alkyl (C -C )-ω-hydroxypoly (oxypropylene) poly (oxyethylene) copolymers (where the poly (oxypropylene) content is 3-60 moles and the poly (oxyethylene) content is 5-80 moles) Not more than 20% of pesticide formulations Surfactant α-Alkyl-ω-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain contains a minimum of six Surfactants, related adjuvants of surfactants 6 15 12 15 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 997/1218 carbons (CAS Reg. Nos.: 9002-92-0; 9004 95-9; 9004-98-2; 9005-00-9; 9035-85-2; 9038-29-3; 9038-43-1; 9040-05-5; 9043-30 5; 9087-53-0; 25190-05-0; 24938-91-8; 25231-21-4; 251553-55-6; 26183-52-8; 26468-86-0; 26636-39-5; 26636-40-8; 27252-75-1; 27306-79-2; 31726-34-8; 32128-65-7; 34398-01-1; 34398-05-5; 37251-67-5; 37311-00-5; 37311-01-6; 37311-02-7; 37311-04-9; 39587-22-9; 50861-66-0; 52232-09-4; 52292-17-8; 52609-19-5; 57679-21-7; 59112-62-8; 60636-37-5; 60828-78-6; 61702-78-1; 61723-78-2; 61725-89-1; 61791-13-7; 61791-20-6; 61791-28-4; 61804-34-0; 61827-42-7; 61827-84-7; 62648-50-4; 63303-01-5; 63658-45-7; 63793-60-2; 64366-70-7; 64415-24-3; 64415-25-4; 64425-86-1; 65104-72-5; 65150-81-4; 66455-14-9: 66455-15-0; 67254-71-1; 67763-08-0; 68002-96-0; 68002-97-1; 68131-39-5; 68131-40-8; 68154-96-1; 68154-97-2; 68154-98-3; 68155-01-1; 68213-23-0; 68213-24-1; 68238-81-3; 68238-82-4; 68409-58-5; 68409-59-6; 68439-30-5; 68439-45-2; 68439-46-3; 68439-48-5; 68439-49-6; 68439-50-9; 68439-51-0; 68439-53-2; 68439-54-3; 68458-88-8; 68526-94-3; 68526-95-4; 68551-12-2; 68551-13-3; 68551-14-4; 68603-20-3; 68603-25-8; 68920-66-1; 68920-69-4; 68937-66-6; 68951-67-7; 68954-94-9; 68987-81-5; 68991-48-0; 69011-36-5; 69013-18-9; 69013-19-0; 69227-20-9; 69227-21-0; 69227-22-1; 69364-63-2; 70750-27-5; 70879-83-3; 70955-07-6; 71011-10-4; 71060-57-6; 71243-46-4; 72066-65-0; 72108-90-8; 72484-69-6; 72854-13-8; 72905-87-4; 73018-31-2; 73049-34-0; 74432-13-6; 74499-34-6; 78330-19-5; 78330-20-8; 78330-21-9; 78330-23-1; 79771-03-2; Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 998/1218 84133-50-6; 85422-93-1; 97043-91-9; 97953-22-5; 102782-43-4; 103331-86-8; 103657-84-7; 103657-85-8; 103818-93-5; 103819-03-0; 106232-83-1; 111905-54-5; 116810-31-2; 116810-32-3; 116810-33-4; 120313-48-6; 120944-68-5; 121617-09-2; 126646-02-4; 126950-62-7; 127036-24-2; 139626-71-4; 152231-44-2; 154518-36-2; 157627-86-6; 157627-88-8; 157707-41-0; 157707-43-2; 159653-49-3; 160875-66-1; 160901-20-2; 160901-09-7; 160901-19-9; 161025-21-4; 161025-22-5; 161133-70-6; 166736-08-9; 169107-21-5; 172588-43-1; 176022-76-7; 196823-11-7; 287935-46-0; 288260-45-7; 303176-75-2; 954108-36-2; 2222805-23-2; 2409830-33-5) α-alkyl (minimum C linear, branched, saturated and/or unsaturated)-ω hydroxypolyoxyethylene polymer with or without polyoxypropylene, mixture of di and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts of the phosphate esters; minimum oxyethylene content is 2 moles; minimum oxypropylene content is 0 moles (CAS Reg. Nos.: 9004 80-2, 9046-01-9, 26982-05-8, 31800-89-2, 37280-82-3, 37281-86-0, 39341-09-8, 39341-65-6, 39464-66-9, 39464-69-2, 42612-52-2, 50643-20-4, 50668-50-3, 51325-10-1, 51884-64-1, 52019-36-0, 57486-09-6, 58206-38-5, 58318-92-6, 58857-49-1, 59112-71-9, 60267-55-2, 61837-79-4, 62362-49-6, 62482-61-5, 63747-86-4, 63887-54-7, 63887-55-8, 66020-37-9, 66272-25-1, 66281-20-7, 67711-84-6, 67786-06-5, 67989-06-4, 68070-99-5, 68071-17-0, 68071-35-2, 68071-37-4, 68130-44-9, 68130-45-0, 68130-46-1, 68130-47-2, 68186-29-8, Not to exceed 30% of formulation Surfactants, related adjuvants of surfactants. 6 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 999/1218 68186-34-5, 68186-36-7, 68186-37-8, 68238-84-6, 68311-02-4, 68311-04-6, 68332-75-2, 68389-72-0, 68400-75-9, 68413-78-5, 68425-73-0, 68425-75-2, 68439-39-4, 68458-48-0, 68511-15-9, 68511-36-4, 68511-37-5, 68551-05-3, 68585-15-9, 68585-16-0, 68585-17-1, 68585-36-4, 68585-39-7, 68603-24-7, 68607-14-7, 68610-64-0, 68610-65-1, 68649-29-6, 68649-30-9, 68650-84-0, 68815-11-2, 68855-46-9, 68856-03-1, 68890-90-4, 68890-91-5, 68891-12-3, 68891-13-4, 68891-26-9, 68908-64-5, 68909-65-9, 68909-67-1, 68909-69-3, 68921-24-4, 68921-60-8, 68954-87-0, 68954-88-1, 68954-92-7, 68987-35-9, 69029-43-2, 69980-69-4, 70247-99-3, 70248-14-5, 70844-96-1, 70903-63-8, 71965-23-6, 71965-24-7, 72480-27-4, 72623-67-7, 72623-68-8, 72828-56-9, 72828-57-0, 73018-34-5, 73038-25-2, 73050-08-5, 73050-09-6, 73361-29-2, 73378-71-9, 73378-72-0, 73559-42-9, 73559-43-0, 73559-44-1, 73559-45-2, 74499-76-6, 76930-25-1, 78041-18-6, 78330-22-0, 78330-24-2, 82465-25-6, 84843-37-8, 91254-26-1, 93925-54-3, 95014-34-9, 96416-89-6, 99924-51-3, 103170-31-6, 103170-32-7, 106233-09-4, 106233-10-7, 108818-88-8, 110392-49-9, 111798-26-6, 111905-50-1, 116671-23-9, 117584-36-8, 119415-05-3, 120913-45-3, 121158-61-0, 121158-63-2, 123339-53-7, 125139-13-1, 125301-86-2, 125301-87-3, 126646-03-5, 129208-04-4, 129870-77-5, 129870-80-0, 130354-37-9, 136504-88-6, 143372-50-3, 143372-51-4, 144336-75-4, 146815-57-8, 151688-56-1, 154518-39-5, 154518-40-8, 155240-11-2, 159704-69-5, 160498-49-7, 160611-24-5, 171543-66-1, 172027-16-6, 172274-69-0, 176707-42-9, 181963-82-6, 188741-55-1, 191940-53-1, Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1000/1218 210493-60-0, 210993-53-6, 246159-55-7, 251298-11-0, 261627-68-3, 290348-69-5, 290348-70-8, 317833-96-8, 340681-28-9 , 422563-19-7, 422563-26-6, 522613-09-8, 717140-06-2, 717140-09-5, 717827-29-7, 762245-80-7, 762245-81-8, 866538-89-8, 866538-90-1, 873662-29-4, 913068-96-9, 936100-29-7, 936100-30-0, 1072943-56-6, 1087209-87-7, 1174313-54-2, 1187742-89 7, 1187743-35-6, 1205632-03-6, 1233235 49-8, 1451002-50-8, 1456802-88-2, 1456802-89-3, 1456803-12-5) N-alkyl (C8-C18) primary amines and their acetate salts where the alkyl group is linear and may be saturated and/or unsaturated (CAS Reg. Nos. 61790-57-6, 61790-58-7, 61790-59-8, 61790-60-1, 61788-46-3, 61790-33-8, 68155-38-4) Concentration in formulated end-use products not to exceed 10% by weight in herbicide products, 4% by weight in insecticide products, and 4% by weight in fungicide products Surfactants, related adjuvants of surfactants Alkyl (C -C ) sulfate and its ammonium, calcium, isopropylamine, magnesium, potassium, sodium, and zinc salts Surfactants. Aluminum hydroxide Diluent, carrier Aluminum oxide Diluent Aluminum stearate Surfactant Amides, C -C , N-[3-(dimethylamino) propyl] (CAS Reg. No. 1044764-00-2) Surfactant Amides, C -C , N-[3-(dimethylamino) propyl] (CAS Reg. No. 1044764-06-8) Surfactant 8 18 5 9 6 12 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1001/1218 Ammonium bicarbonate Surfactant, suspending agent, dispersing agent Ammonium carbamate Synergist in aluminum phosphide formulations Ammonium chloride Intensi�er when used with ammonium nitrate as a dessicant or defoliant. Fire suppressant in aluminum phosphide and magnesium phosphide formulations Ammonium hydroxide Solvent, cosolvent, neutralizer, solubilizing agent Ammonium persulfate (CAS Reg.No. 7727 54-0) 0.05% Preservative Ammonium salts of fatty acids (C -C saturated) (CAS Reg. No. 5972-76-9, 63718 65-0, 16530-70-4, 32582-95-9, 2437-23-2, 191799-95-8, 16530-71-5, 93917-76-1, 5297-93-8, 94266-36-1, 1002-89-7) Surfactant Ammonium stearate Surfactant Ammonium sulfate Solid diluent, carrier Ammonium thiosulfate Intensi�er when used with ammonium nitrate as desiccant or defoliant Amyl acetate Solvent, cosolvent, attractant Ascorbyl palmitate Preservative 8 18 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1002/1218 Attapulgite-type clay Solid diluent, carrier, thickener Bacillus simplex strain BU288 Emulsi�er Bacillus thuringiensis fermentation solids and/or solubles Diluent, carrier Bentonite Solid diluent, carrier Benzoic acid Preservative for formulation Bicyclo[3.1.1]hept-2-ene, 2,6,6-trimethyl-, homopolymer (Alpha-pinene, homopolymer)(CAS Reg. No. 25766-18-1) Surfactants, related adjuvants of surfactants Bicyclo[3.1.1]heptane, 6,6-dimethyl-2 methylene-, homopolymer (Beta-pinene, homopolymer) (CAS Reg. No. 25719-60-2) Surfactants, related adjuvants of surfactants Bicyclo[3.1.1]hept-2-ene, 2,6,6-trimethyl-, polymer with 6,6-dimethyl-2 methylenebicyclo [3.1.1] heptane (Copolymer of alpha- and beta-pinene) (CAS Reg. No. 31393-98-3) Surfactants, related adjuvants of surfactants 2-Bromo-2-nitro-1,3-propanediol (CAS Reg. No. 52-51-7) 0.04% or less by weight of the total pesticide formulation In-can preservative Butane Propellant Butanedioic acid, 2-sulfo-, C-C9-11-isoalkyl esters, C10-rich, disodium salts (CAS Reg. No. 815583-91-6) Not to exceed 10% by weight in pesticide formulation for agricultural use Surfactant n-Butanol (CAS Reg. No. 71-36-3) Solvent, cosolvent n-Butyl benzoate (CAS Reg. No.136-60-7) Solvent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1003/1218 di-n-Butyl adipate (CAS Reg. No. 105-99-7) Not to exceed 25% by weight of pesticide formulation Plasticizer in pesticide formulations for varroa mite control around bee hives n-Butyl-3-hydroxybutyrate (CAS Reg. No. 53605-94-0) Solvent Butylated hydroxyanisole Antioxidant Butylated hydroxytoluene Do. Calcareous shale Solid diluent carrier Calcite Do. Calcium carbonate Do. Calcium chloride Stabilizer Calcium phosphate Solid diluent, carrier Calcium hydroxide Do. Calcium hypochlorite Sanitizing and bleaching agent Calcium lactate pentahydrate (CAS Reg. No. 5743-47-5) Nutrient, stabilizer Calcium oxide Solid diluent, carrier Calcium salt of partially dimerized rosin, conforming to 21 CFR 172.210 Coating agent Calcium silicate Solid diluent, carrier Calcium stearate Do. Carbon Dioxide (CAS Reg. No. 124-38-9) None Propellant Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.210 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1004/1218 Carrageenan, conforming to 21 CFR 172.620 Minimum molecular weight (in amu): 100,000 Thickener Cetyl alcohol (CAS Reg. No. 36653-82-4) Not more than 5.0% of pesticide formulation Evaporation retardant Charcoal, activated Meets speci�cations in the Food Chemical Codex Carrier Coconut shells Solid diluent and carrier Cod liver oil Solvent, cosolvent Croscarmellose sodium (CAS Reg. No. 74811-65-7) Disintegrant, solid diluent, carrier, and thickener n-Decyl alcohol (CAS Reg. No. 112-30-1) Solvent or co-solvent Deoxyribonucleic acid (DNA) sequences consisting solely of adenine, cytosine, guanine and thymine, of 300 or fewer base pairs, and which do not contain start codons or regulatory sequences necessary for the initiation of transcription or translation No more than 1 ppm in pesticide formulation Product identi�er. Dialkyl (C -C ) dimethyl ammonium chloride Not more than 0.2% in silica, hydrated silica Flocculating agent in the manufacture of silica, hydrated silica for use as a solid diluent, carrier Diatomite (diatomaceous earth) Solid diluent carrier 8 18 Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.620 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1005/1218 Diethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-75-4) Surfactant Diethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-83-4) Surfactant Diethylaminoethanol, ethoxylated, reaction product with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-72-1) Surfactant Diethylaminoethanol, ethoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-81-2) Surfactant Diethylene glycol abietate Surfactants, related adjuvants of surfactants 1,1-Di�uoroethane (CAS Reg. No. 75-37-6) In pesticide formulations used for insect control in food and feed handling establishments and animals; in bird repellent pesticide formulations Aerosol propellant 1,2-Dihydro-6-ethoxy-2,2,4 trimethylquinolene Not more than 0.02% of pesticide formulation Antioxidant Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1006/1218 Diisopropanolamine (CAS Reg. No. 110-97 4) Not to exceed 10% by weight of pesticide formulation Neutralizer or stabilizer Diisopropyl adipate (CAS Reg. No. 6938-94 9) 40% in mosquito control formulations Solvent, co-solvent Dimethyl adipate (CAS no. 627-93-0) None Solvent/co-solvent Dimethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-42-5) Surfactant Dimethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-67-4) Surfactant Dimethylaminoethanol, ethoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-38-9) Surfactant Dimethylaminoethanol, ethoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-49-2) Surfactant N,N-Dimethyl 9-decenamide (CAS Reg. No. 1356964-77-6) Not to exceed 20% by weight of pesticide formulation Surfactant, solvent 2,2-Dimethyl-1,3-dioxolane-4-methanol (CAS Reg. No.100-79-8) Solvent/cosolvent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1007/1218 N,N-Dimethyldodecanamide (CAS Reg. No. 3007-53-2) Not to exceed 20% by weight of pesticide formulation Surfactant, solvent Dimethyl ether (methane, oxybis-) (CAS Reg. No. 115-10-6) Propellant Dimethyl glutarate (CAS no. 1119-40-0) None Solvent/co-solvent 3,6-Dimethyl-4-octyn-3,6-diol Not more than 2.5% of pesticide formulation Surfactants, related adjuvants of surfactants Dimethyl succinate (CAS no. 106-65-0) None Solvent/co-solvent N,N-Dimethyltetradecanamide (CAS Reg. No. 3015-65-4) Not to exceed 20% by weight of pesticide formulation Surfactant, solvent Di-n-butyl carbonate (CAS Reg. No. 542-52 9) Solvent Dipropylene glycol Solvent, cosolvent Disodium phosphate Anticaking agent, conditioning agent Disodium zinc ethylenediaminetetraacetate dihydride Sequestrant Distillates, (Fishcher-Tropsch), heavy, C C , branched, cyclic and linear (CAS Reg. No. 848301-69-9) Solvent, diluent and/or dust suppressant Distillates (petroleum), solvent-dewaxed heavy para�nic (CAS Reg. No. 64742-65-0) Carrier Dolomite Solid diluent, carrier 18 50 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1008/1218 Epoxidized linseed oil Surfactants, related adjuvants of surfactants Epoxidized soybean oil Do. Ethanesulfonic acid, 2-hydroxy- (CAS Reg. No. 107-36-8) Chelator, sequestrant, or conditioning agent Ethanesulfonic acid, 2-hydroxy-, ammonium salts (CAS Reg. No. 57267-78-4) Do. Ethanesulfonic acid, 2-hydroxy-, calcium salts (CAS Reg. No. 10550-47-7) Do. Ethanesulfonic acid, 2-hydroxy-, magnesium salts (CAS Reg. No. 17345-56 1) Do. Ethanesulfonic acid, 2-hydroxy-, potassium salts (CAS Reg. No. 1561-99-5) Do. Ethanesulfonic acid, 2-hydroxy-, sodium salts (CAS Reg. No. 1562-00-1) Do. Ethanesulfonic acid, 2-hydroxy-, zinc salts (CAS Reg. No. 129756-32-7) Do. Ethyl acetate Solvent, cosolvent Ethyl alcohol Do. Ethyl esters of fatty acids derived from edible fats and oils Solvent, cosolvent Ethyl maltol (CAS Reg. No.4940-11-8) Not more than 0.2 % of the pesticide formulation Odor masking agent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1009/1218 Ethylene glycol (CAS Reg. No. 107-21-1) Without limitation Encapsulating agent for pesticides being applied post-harvest as residual, and crack and crevice sprays in and around food and nonfood areas of residential and nonresidential structures, including food handling establishments Ethylene oxide adducts of 2,4,7,9 tetramethyl-5-decynediol, the ethylene oxide content averages 3.5, 10 or 30 moles (CAS Reg. No. 9014-85-1) Surfactants, related adjuvants of surfactants Ethylenebis(oxyethylene) bis[3-(5-tert-butyl 4-hydroxy-m-tolyl) propionate] (CAS Reg. No. 36443-68-2) 1% by weight Stabilizer (S,S)-Ethylenediamine disuccinic acid trisodium salt (CAS Reg. No. 178949-82-1) Sequestrant or chelating agent Ethylenediaminetetraacetic acid 3% of pesticide formulation Sequestrant Ethylenediaminetetraacetic acid, tetrasodium salt 5% of pesticide formulation Sequestrant 2-Ethyl-1-hexanol (CAS Reg. No. 104-76-7) Not more than 10% of pesticide Solvent, adjuvant of surfactants Fatty acids, conforming to 21 CFR 172.860 Binder, defoaming agent, lubricant FD&C Blue No. 1 Not more than 0.2% of pesticide formulation Dye Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.860 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1010/1218 FD&C Red No. 40 (CAS Reg. No. 25956-17 6) conforming to 21 CFR 74.340 Not to exceed 0.002% by weight of pesticide formulation Dye, coloring agent Ferric Citrate (CAS Reg. No. 2338-05-8) Stabilizer Ferric sulfate Solid diluent, carrier Formic Acid (CAS Reg. No. 64-18-6) 25% adjuvant, pH buffering agent, pH adjuster Fulvic acid (CAS Reg. No. 479-66-3) Carrier Furcelleran Thickener D-Glucitol, 1-deoxy-1-(methyl-amino)-, N-C acyl derivatives (CAS Reg. No. 1591782 62-5) Not more than 40% by weight in pesticide formulation Surfactant D-glucitol, 1,4:3,6-dianhydro-2,5-di-O-methyl (CAS Reg. No. 5306-85-4); D-glucitol, 1,4:3,6-dianhydro-2,5-di-O-ethyl- (CAS Reg. No. 30915-81-2); D-glucitol, 1,4:3,6 dianhydro-2,5-di-O-propyl) (CAS Reg. No.107644-13-3); D-glucitol, 1,4:3,6 dianhydro-2,5-bis-O-(1-methylethyl)-,(iso propyl diether) (CAS Reg. No. 103594-41-8); D-glucitol, 1,4:3,6-dianhydro-2,5-di-O-butyl (CAS Reg. No. 103594-42-9); D-glucitol, 1,4:3,6-dianhydro-2,5-di-O-(1-methylpropyl)-, (CAS Reg. No. not assigned); and D-glucitol, 1,4:3,6-dianhydro-2,5-di-O-(2-methylpropyl)-, (CAS Reg. No. not assigned) solvent, co-solvent, viscosity modi�er, and adjuvant D-glucopyranose, oligomeric, C -alkyl glycosides (CAS Reg. No. 110615-47-9) Surfactant 8 10 10-16 Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-74.340 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1011/1218 D-glucopyranose, oligomeric, 6-(dihydrogen citrates), C branched and linear alkyl glycosides, sodium salts (CAS Reg. No. 1079993-97-7) Surfactant D-glucopyranose, oligomeric, 6-(hydrogen sulfosuccinates), C branched and linear alkyl glycosides, sodium salts (CAS Reg. No. 1079993-92-2) Surfactant D-glucopyranose, oligomeric, lactates, C branched and linear alkyl glycosides (CAS Reg. No. 1079993-94-4) Surfactant D-glucurono-6-deoxy-L-manno-D-glucan, acetate, calcium magnesium potassium sodium salt (diutan gum) (CAS Reg. No. 595585-15-2) Stabilizer/suspension agent. Glycerides, edible fats and oils derived from plants and animals, reaction products with sucrose (CAS Reg. Nos. 100403-38-1, 100403-41-6, 100403-39-2, 100403-40-5) Emulsi�er, dispersing agent Glycerol mono-, di-, and triacetate Solvent, cosolvent Glyceryl monostearate Emulsi�er Granite Do. Graphite Solid diluent, carrier Gum arabic (acacia) Surfactant, suspending agent, dispersing agent Gypsum Solid diluent, carrier Hexamethylenetetramine For use in citrus washing solutions only at not more than 1% Preservative 8-20 8-20 8-20 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1012/1218 3-hexen-1-ol, (3Z)- (CAS Reg. No. 928-96-1) Not more than 0.4% of the pesticide formulation Odorant, alerting agent n-Hexyl alcohol (CAS Reg. No. 111-27-3) Solvent, cosolvent C rich aromatic hydrocarbons (CAS Reg. No. 64742-95-6) Solvent C rich aromatic hydrocarbons (CAS Reg. No. 64742-94-5) Solvent C rich aromatic hydrocarbons (CAS Reg. No. 64742-94-5) Solvent Hydrochloric acid Solvent, neutralizer Hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-06-4) Surfactant Hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-17-7) Surfactant Hydroxyethylmorpholine, ethoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-00-8) Surfactant Hydroxyethylmorpholine, ethoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-09-7) Surfactant 9 10-11 11-12 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1013/1218 Hydroxyethylpiperidine, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-22-4 Surfactant Hydroxyethylpiperidine, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-28-0) Surfactant Hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-20-2) Surfactant Hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-25-7) Surfactant Hydroxyethylidine diphosphonic acid (HEDP) (CAS Reg. No. 2809-21-4) For use in antimicrobial pesticide formulations at not more than 1 percent Stabilizer, chelator Iron oxide Solid diluent, carrier Iron oxide yellow (CAS Reg. No. 20344-49 4) Not to exceed 0.15% by weight of pesticide formulation Colorant in pesticide formulations for varroa mite control around bee hives Isoamyl acetate (CAS Reg. No. 123-92-2) Buffering agent Isobutane (CAS Reg. No. 75-28-5) None Propellant Isobutyl Acetate (CAS Reg. No. 110-19-0) Solvent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1014/1218 Isobutyl isobutyrate (CAS Reg. No. 97-85-8) None Solvent Isobutyric Acid (CAS Reg. No. 79-31-2) Solvent Isopropyl-3-hydroxybutyrate (CAS Reg. No. 54074-94-1) Solvent Isopropyl myristate (CAS Reg. No. 110-27 0) Solvent Kaolinite-type clay Solid diluent, carrier Lactic acid Solvent Lactic acid, 2-ethylhexyl ester (CAS Reg. No. 6283-86-9) Solvent Lactic acid, 2-ethylhexyl ester, (2S)- (CAS Reg. No. 186817-80-1) Solvent Lactic acid, n-propyl ester, (S); (CAS Reg. No. 53651-69-7) Solvent Lauryl alcohol Surfactant Lignin (CAS Reg. No. 9005-53-2) Surfactant, related adjuvants of surfactants Lignin, alkali (CAS Reg. No. 8068-05-1) Do. Lignin, alkali, oxidized, sodium salt (CAS Reg. No. 68201-23-0) Do. Lignin alkali reaction products with disodium sul�te and formaldehyde (CAS Reg. No. 105859-97-0) Do. Lignin alkali reaction products with formaldehyde and sodium bisul�te (CAS Reg. No. 68512-35-6) Do. Lignosulfonic acid (CAS Reg. No. 8062-15 5) Do. Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1015/1218 Lignosulfonic acid, ammonium calcium salt (CAS Reg. No. 12710-04-2) Do. Lignosulfonic acid, ammonium magnesium salt (CAS Reg. No. 123175-37-1) Do. Lignosulfonic acid, ammonium salt (CAS Reg. No. 8061-53-8) Do. Lignosulfonic acid, ammonium sodium salt (CAS Reg. No. 166798-73-8) Do. Lignosulfonic acid, calcium magnesium salt (CAS Reg. No. 55598-86-2) Do. Lignosulfonic acid, calcium salt (CAS Reg. No. 8061-52-7) Do. Lignosulfonic acid, calcium sodium salt (CAS Reg. No. 37325-33-0) Do. Lignosulfonic acid, ethoxylated, sodium salt (CAS Reg. No. 68611-14-3) Do. Lignosulfonic acid, magnesium salt (CAS Reg. No. 8061-54-9) Do. Lignosulfonic acid, potassium salt (CAS Reg. No. 37314-65-1) Do. Lignosulfonic acid, sodium salt (CAS Reg. No. 8061-51-6) Do. Lignosulfonic acid, sodium salt, oxidized (CAS Reg. No. 68855-41-4) Do. Lignosulfonic acid, sodium salt, polymer with formaldehyde and phenol (CAS Reg. No. 37207-89-9) Do. Lignosulfonic acid, sodium salt, sulfomethylated (CAS Reg. No. 68512-34-5) Do. Lignosulfonic acid, zinc salt (CAS Reg. No. 57866-49-6) Do. Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1016/1218 d-Limonene (CAS Reg. No. 5989-27-5) Solvent, fragrance Magnesium carbonate Anticaking agent, conditioning agent Magnesium chloride Safener Magnesium lime Solid diluent, carrier Magnesium oxide Do. Magnesium silicate Do. Magnesium stearate Surfactant Magnesium sulfate Solid diluent, carrier, safener Methyl alcohol Solvent Methyl n-amyl ketone (CAS Reg. No. 110 43-0) Solvent, cosolvent Methyl 5-(dimethylamino)-2-methyl-5 oxopentanoate (1174627-68-9) Solvent Methyl esters of fatty acids derived from edible fats and oils Solvent, cosolvent Methyl esters of higher fatty acids conforming to 21 CFR 573.640 Antidusting agent, surfactant Methyl isobutyl ketone Solvent 2-methyl-2,4-pentanediol (CAS Reg. No. 107-41-5) Without limitation Growing crops and food animals Methyl isobutyrate (CAS Reg. No. 547-63-7) None Solvent 2-methyl-1,3-propanediol (CAS Reg. No. 2163-42-0) Solvent, surfactant Methylated silicones Antifoaming agent Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-573.640 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1017/1218 Mono-, di-, and trimethylnaphthalenesulfonic acids and naphthalenesulfonic acids formaldehyde condensates, ammonium, sodium and potassium salts (CAS Reg. Nos. 9008-63-3, 9069-80-1, 9084-06-4, 36290-04-7, 91078 68-1, 141959-43-5, 68425-94-5, 67828-14-2) Surfactants, related adjuvants of surfactants Mica Solid diluent, carrier Mineral oil, U.S.P., or conforming to 21 CFR 172.878 or 178.3620(a) (CAS Reg. No. 8012-95-1) Diluent, carrier, and solvent Monoammonium phosphate No more than 3.75% by weight in formulation Postharvest fumigation in formulation with aluminum phosphide Monoethanolamine (CAS Reg. No. 141-43 5) Not to exceed 3.35% by weight in pesticide formulation Solvent Mono- and diglycerides of C -C fatty acids Surfactants, related adjuvants of surfactants Montmorillonite-type clay Solid diluent, carrier Nonyl, decyl, and undecyl glycoside mixture with a mixture of nonyl, decyl, and undecyl oligosaccharides and related reaction products (primarily decanol and undecanol) produced as an aqueous-based liquid (50 to 65% solids) from the reaction of primary alcohols (containing 15 to 20% secondary alcohol isomers) in a ratio of 20% C , 40% C , and 40% C with carbohydrates (average glucose to alkyl chain ratio 1.3 to 1.8) Surfactant. 8 18 9 10 11 Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.878 https://www.ecfr.gov/current/title-21/section-178.3620#p-178.3620(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1018/1218 α-(p-Nonylphenol)-ω hydroxypoly(oxyethylene) mixture of dihydrogen phosphate and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, potassium, sodium, and zinc salts of the phosphate esters; the nonyl group is a propylene trimer isomer and the poly(oxyethylene) content averages 4-14 or 30 moles (CAS Reg. Nos. 51811-79-1, 59139-23-0, 67922-57-0, 68412-53-3, 68553-97-9, 68954-84-7, 99821-14-4, 152143-22-1, 51609-41-7, 37340-60-6, 106151-63-7, 68584-47-4, 52503-15-8, 68458-49-1) Not to exceed 7% of pesticide formulation Surfactants, related adjuvants of surfactants α-(p-Nonylphenyl)-ω hydroxypoly(oxyethylene) produced by the condensation of 1 mole of nonylphenol (nonyl group is a propylene trimer isomer) with an average of 4-14 or 30-90 moles of ethylene oxide; if a blend of products is used, the average number of moles of ethylene oxide reacted to produce any product that is a component of the blend shall be in the range of 4-14 or 30-90 Surfactants, related adjuvants of surfactants α-(p-Nonylphenol)-ω hydroxypoly(oxyethylene) sulfate, ammonium, calcium, magnesium, potassium, sodium, and zinc salts the nonyl group is propylene trimer isomer and the poly(oxyethylene) content averages 4 moles (CAS Reg. Nos. 9014-90-8, 9051-57 4, 9081-17-8, 68649-55-8, 68891-33-8 Not to exceed 7% of pesticide formulation Surfactants, related adjuvants of surfactants 1-Octanal (CAS Reg. No. 124-13-0) Not more than 0.2% of the pesticide formulation Odor masking agent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1019/1218 1-Octanamine, N,N-dimethyl-, N-oxide (CAS Reg. No. 2605-78-9) Not to exceed 15% of pesticide formulation Surfactant n-Octyl alcohol (CAS Reg. No. 111-87-5) Solvent or co-solvent Octyl and decyl glucosides mixture with a mixture of octyl and decyloligosaccharides and related reaction products (primarily n decanol) produced as an aqueous-based liquid (68-72% solids) from the reaction of straight chain alcohols (C (45%), C (55%)) with anhydrous glucose Surfactants, related adjuvants of surfactants Oleic acid Diluent Oleic acid diester of α-hydro-ω-hydroxypoly (oxyethylene); the poly(oxyethylene) having average molecular weight (in amu) 400 Surfactants, related adjuvants of surfactants α-Oleoyl-ω-hydroxypoly(oxyethylene), average molecular weight (in amu) of 600 Emulsi�er Oleyl alcohol (CAS Reg. No. 143-28-2 15% Cosolvent Oxalic acid No more oxalic acid should be used than is necessary to chelate calcium and in no case should more than 2 lb oxalic acid per acre be used Calcium chelating hard water inhibitor Palmitic acid Diluent Pentaerythritol ester of maleic anhydride modi�ed wood rosin Plasticizer 8 10 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1020/1218 Pentaerythritol tetrakis (3-(3,5-di-tert-butyl 4-hydroxyphenyl)propionate) (CAS Reg. No. 6683-19-8) Not to exceed 5% by weight of the pesticide formulation Antioxidant, stabilizer Petrolatum, conforming to 21 CFR 172.880 Coating agent Petroleum hydrocarbons, light odorless conforming to 21 CFR 172.884 Solvent, diluent. Petroleum hydrocarbons, synthetic isopara�nic, conforming to 21 CFR 172.882 Do. Petroleum naphtha, conforming to 21 CFR 172.250(d) Component of coating agent Petroleum wax, conforming to 21 CFR 172.886(d) Coating agent 2-Phenoxyethanol (CAS Reg. No. 122-99-6) 0.2% by weight in pesticide formulation Solvent or co-solvent Phenylethyl acetate (CAS Reg. No. 103-45 7) Not to exceed 0.015% in pesticide formulation Solvent Phosphoric acid Buffer Polyethylene, conforming to 21 CFR 177.1520(c) Binder, carrier, and coating agent Polyethylene glycol[α-hydro-ω hydroxypoly(oxyethylene)]; mean molecular weight (in amu) 194 to 9,500 conforms to 21 CFR 178.3750 Surfactants, related adjuvants of surfactants Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.880 https://www.ecfr.gov/current/title-21/section-172.884 https://www.ecfr.gov/current/title-21/section-172.882 https://www.ecfr.gov/current/title-21/section-172.250#p-172.250(d) https://www.ecfr.gov/current/title-21/section-172.886#p-172.886(d) https://www.ecfr.gov/current/title-21/section-177.1520#p-177.1520(c) https://www.ecfr.gov/current/title-21/section-178.3750 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1021/1218 Polyethyleneimine (CAS Reg. No. 9002-98 6) Minimum number average molecular weight 1,300 amu Emulsi�er, surfactant, adjuvant, dispersant and/or coating Polyglycerol esters of fatty acids conforming to 21 CFR 172.854 Surfactants, related adjuvants of surfactants Polyglyceryl phthalate ester of coconut oil fatty acids, including fatty acid coco polymers with glyceryl and phthalic anhydride (CAS No. 67746-02-5) and coconut oil polymer with glyceryl and phthalic anhydride (CAS No. 66070-87-9) None Surfactants, related adjuvants of surfactants Poly(oxy-1,2-ethanediyl), α-(carboxymethyl) ω-(nonylphenoxy) produced by the condensation of 1 mole of nonylphenol (nonyl group is a propylene trimer isomer) with an average of 4-14 or 30-90 moles of ethylene oxide. The molecular weight (in amu) ranges are 454-894 and 1598-4238 Surfactant Poly(oxy-1,2-ethanediyl), α-(1-oxoalkyl)-ω methoxy-, where the alkyl chain contains a minimum of 6 and a maximum of 18 carbons and the oxyethylene content is 3 13 moles (CAS Reg. No. 53100-65-5, 194289-64-0, 34398-00-0, 9006-27-3, 32761-35-6, 53467-81-5, 518299-31-5, and 34397-99-4) Not to exceed 25% by weight in pesticide formulation Stabilizer, solubilizing agent Poly(oxy-1,2-ethanediyl), α-[tris(1 phenylethyl)phenyl]-ω-hydroxy-, (CAS Reg. No. 99734-09-5) For use in post harvest applications; not to exceed 15% by weight in pesticide formulations Surfactants Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.854 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1022/1218 Poly(oxy-1,2-ethanediyl), α-(3-carboxy-1 oxosulfopropyl)-ω-hydroxy-, C -alkyl ethers, disodium salts, the poly(oxyethylene) content averages 5-15 moles (CAS Reg. No. 68954-91-6) Not to exceed 10% by weight of pesticide formulation Surfactant Poly(oxy-1,2-ethanediyl), α-(3-carboxy-1 oxosulfopropyl)-ω-hydroxy-, C -alkyl ethers, disodium salts, the poly(oxyethylene) content averages 5-15 moles (CAS Reg, No. 68815-56-5) Not to exceed 10% by weight of pesticide formulation Surfactant Poly(oxy-1,2-ethanediyl), α-(3-carboxy-1 oxosulfopropyl)-ω-hydroxy-, C -alkyl ethers, disodium salts, the poly(oxyethylene) content averages 5-15 moles (CAS Reg. No. 1024612-24-5) Not to exceed 10% by weight of pesticide formulation Surfactant Poly(oxy-1,2-ethanediyl), α-(3-carboxy-1 oxosulfopropyl)-ω-(isotridecyloxy)-, sodium salt (1:2), the poly(oxyethylene) content averages 5-15 moles (CAS Reg. No. 1013906-64-3) Not to exceed 10% by weight of pesticide formulation Surfactant Polyoxyethylene (20) sorbitan monostearate Surfactants, related adjuvants of surfactants [Poly[oxy(methyl-1,2-ethanediyl)], α-[2-bis(2 hydroxyethyl)amino]propyl]-ω-hydroxy, ether with α-hydro-ω-hydroxypoly(oxy-1,2 ethanediyl) (1:2), mono-C alkyl ethers, (CAS Reg. No. 176022-82-5) Not to exceed 15% in the formulated product; only for use with glyphosate Surfactant Polysorbate 65, conforming to 21 CFR 172.838 Emulsi�er Potassium aluminum silicate Solid diluent, carrier Potassium benzoate (Cas No. 582-25-2) None Preservative Potassium hydroxide Neutralizer 10-12 10-16 12-14 12-16 Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.838 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1023/1218 Potassium phosphate Buffer Potassium sulfate Solid diluent Propanamide, 2-hydroxy-N, N-dimethyl (CAS Reg. No. 35123-06-9) Not to exceed 50% by weight in pesticide formulation Solvent/co-solvent Propane Propellant 1,3-Propanediol (CAS Reg. No. 504-63-2) Solvent, co-solvent, diluent, or freeze point depressant Propanoic acid, 2-methyl-, monoester with 2,2,4-trimethyl-1,3-pentanediol (CAS Reg. No. 25265-77-4) Solvent, co-solvent 2-Propanol, 1,1′,1″-nitrilotris- (CAS No. 122 20-3) Without limitation Neutralizer n-Propanol Solvent, cosolvent 2-Propenoic acid, 2-methyl-, polymer with ethyl 2-propenoate and methyl 2-methyl-2 propenoate, ammonium salt (CAS Registration No. 55989-05-4), minimum number average molecular weight (in amu), 18,900. Encapsulating agent, dispensers, resins, �bers and beads Propyl gallate Antioxidant Propyl p-hydroxybenzoate Preservative for formulations Propylene glycol Solvent, cosolvent Propylene glycol alginate (as de�ned in 21 CFR 172.858) Defoaming agent Propylene glycol monomethyl ether (CAS No. 107-98-2) none solvent Pyrophyllite Solid diluent, carrier Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.858 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1024/1218 Pyrrolo[3,4-c]pyrrole-1,4-dione, 3,6-bis(4 chlorophenyl)-2,5-dihydro- (CAS Reg. No. 84632-65-5) Dye, coloring agent. Rhizobium inoculants (e.g. Sinorhizobium, Bradyrhizobium & Rhizobium) All leguminous food commodities Rosin, partially dimerized (as de�ned in 21 CFR 172.615) Surfactants, related adjuvants of surfactants Rosin, partially hydrogenated (as de�ned in 21 CFR 172.615) Do. Rosin, wood Do. Salicylaldehyde (CAS Reg. No. 90-02-8) Not to exceed 14% by weight of pesticide formulation Penetration aid Salts of fatty acids, conforming to 21 CFR 172.863 Binder, emulsi�er, anticaking agent Sand Solid diluent, carrier Shellac, bleached; re�ned, food grade, arsenic and rosin-free Coating agent Silver nitrate (Cas Reg. No. 7761-88-8) For use on potatoes as post-harvest treatment to control sprouting at no more than 0.06% by weight in pesticide formulations Stabilizer Soapstone Solid diluent Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.615 https://www.ecfr.gov/current/title-21/section-172.615 https://www.ecfr.gov/current/title-21/section-172.863 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1025/1218 Sodium acid pyrophosphate Surfactant, suspending agent, dispersing agent, buffer Sodium alkyl naphthalenesulfonates (CAS Reg. Nos. 68909-83-1, 68909-84-2, 68909 82-0, 27213-90-7, 26264-58-4, 27178-87-6, 111163-74-7, 908356-16-1, 25417-20-3, 25638-17-9, 145578-88-7, 1322-93-6, 1323 19-9, 7403-47-6, 68442-09-1, 127646-44-0, 908356-18-3) Limited to no more than 30% by weight in pesticide end use products Surfactants, related adjuvants of surfactants Sodium aluminum silicate Solid diluent, carrier Sodium dioctylsulfosuccinate Surfactants, related adjuvants of surfactants Sodium 1,4-dihexyl sulfosuccinate (CAS Reg. No. 3006-15-3) Surfactants, related adjuvants of surfactants Sodium 1,4-diisobutyl sulfosuccinate (CAS Reg. No. 127-39-9) Surfactants, related adjuvants of surfactants Sodium 1,4-dipentyl sulfosuccinate (CAS Reg. No. 922-80-5) Surfactants, related adjuvants of surfactants Sodium Formate (CAS Reg. No. 141-53-7) adjuvant, pH buffering agent Sodium DL-lactate (CAS Reg. No. 72-17-3) Surfactant Sodium hexametaphosphate Surfactant, emulsi�er, wetting agent, suspending agent, dispersing agent, buffer Sodium hydroxide Neutralizer Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1026/1218 Sodium L-lactate (CAS Reg. No. 867-56-1) Surfactant Sodium metasilicate Surfactants, emulsi�ers, wetting agents, dispersing agents, buffer Sodium monoalkyl and dialkyl (C6-C16) phenoxy benzenedisulfonates and related acids (CAS Reg. Nos. 147732-59-0, 147732 60-3, 169662-22-0, 70191-75-2, 36445-71-3, 39354-74-0, 70146-13-3, 119345-03-8, 149119-20-0, 149119-19-7, 119345-04-9, 28519-02-0, 25167-32-2, 30260-73-2, 65143-89-7, 70191-76-3) Not to exceed 20% in pesticide formulations Surfactants, related adjuvants of surfactants Sodium α-ole�nsulfonate (sodium C -C ) (Ole�n sulfonate) Surfactants, related adjuvants of surfactants SodiumN-oleoyl- N-methyl taurine (CAS Reg. No. 137-20-2) Surfactants, related adjuvants of surfactants Sodium and potassium salts of N-alkyl (C C )-beta-iminodipropionic acid where the C -C is linear and may be saturated and/or unsaturated (CAS Reg. Nos. 110676-19-2, 3655-00-3, 61791-56-8, 14960-06-6, 26256-79-1, 90170-43-7, 91696-17-2, 97862-48-1) Concentration in formulated end-use products not to exceed 30% by weight in pesticide formulations Surfactants, related adjuvants of surfactants Sodium salt of sulfated oleic acid Surfactants, related adjuvants of surfactants Sodium silicate Surfactant, emulsi�er, wetting agent, stabilizer, inhibitor 14 16 8 18 8 18 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1027/1218 Sodium starch glycolate (CAS Reg. No. 9063-38-1) Granular and tableted products only; not to exceed 8% of the formulated product Disintegrant Sodium sulfate Solid diluent, carrier Sodium tripolyphosphate Buffer, surfactant, suspending agent, dispersing agent, anticaking agent, conditioning agent Sorbic acid (CAS Reg. No. 110-44-1) Preservative for formulations Sorbitan fatty acid esters (fatty acids limited to C , C , C , and C containing minor amounts of associated fatty acids) and their derivatives; the poly(oxyethylene) content averages 5-20 moles Surfactants, related adjuvants or surfactants. Soybean �our Expires May 24, 2005. Surfactant Soybean oil-derived fatty acids Solvent, cosolvent Stearic acid Diluent α-Stearoyl-ω-hydroxypoly(oxyethylene), average molecular weight (in amu) of 600 Emulsi�er α-Stearoyl-ω-hydroxypoly(oxyethylene); the poly(oxyethylene) content averages either 8, 9, or 40 moles; if a blend of products is used, the average number of moles ethylene oxide reacted to produce any product that is a component of the blend shall be either 8, 9, or 40 Surfactants, related adjuvants of surfactants Sucrose octaacetate Adhesive 12 14 16 18 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1028/1218 Sul�te liquors and cooking liquors, spent, oxidized (CAS Reg. No. 68514-09-0) Surfactant, related adjuvants of surfactants Sulfuric acid (CAS Reg. No.7664-93-9) Not to exceed 10% of the pesticide formulation; non-aerosol formulations only pH Control agent Sweet orange peel tincture (CAS Reg. No. 8028-48-6) Not to exceed 10% (weight/weight) in pesticide formulation Surfactant, fragrance, related adjuvants of surfactants Synthetic para�n and its succinic derivatives conforming to 21 CFR 172.275 Carrier, binder, and carrying agent Synthetic petroleum wax, conforming to 21 CFR 172.888 Binder, carrier, and coating agent Talc Solid diluent, carriers Tall oil; fatty acids not less than 58%, rosin acids not more than 44%, unsaponi�ables not more than 8% Surfactants, related adjuvants of surfactants Tall oil fatty acids (CAS Reg. No. 61790-12 3) Solvent/carrier Tartrazine Dye Terpenes and terpenoids, turpentine oil, alpha-pinene fraction, polymd. (CAS Reg. No. 70750-57-1) Surfactants, related adjuvants of surfactants Tetraethyl orthosilicate (CAS Reg. No. 78 10-4) Not to exceed 2% by weight of pesticide formulations Binder. Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.275 https://www.ecfr.gov/current/title-21/section-172.888 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1029/1218 1,1,1,2-Tetra�uoroethane, (CAS Reg. No. 811-97-2) Aerosol propellant Trans-1,3,3,3-tetra�uoroprop-1-ene (CAS Reg. No. 29118-24-9) Propellant Tetrahydrofurfuryl alcohol (THFA) (CAS Reg. No 97-99-4) Expires February 9, 2008 Solvent/cosolvent N,N,N′,N″,-tetrakis-(2-hydroxypropyl) ethylenediamine (CAS Reg. No. 102-60-3) Concentration in formulated end-use products not to exceed 20% by weight in pesticide formulations Stabilizer for formulation. α-[p-(1,1,3,3-tetramethylbutyl)phenyl]-ω hydroxypoly(oxyethylene) produced by the condensation of 1 mole of p-(1,1,3,3 tetramethylbutyl)phenol with a range of 1 14 or 30-70 moles of ethylene oxide: If a blend of products is used, the average range number of moles of ethylene oxide reacted to produce any product that is a component of the blend shall be in the range of 1-14 or 30-70 (CAS Reg. Nos. 9036-19-5, 9002-93-1) Not to exceed 7% of pesticide formulation Surfactants related adjuvants of surfactants 2,4,7,9-Tetramethyl-5-decyn-4, 7-diol Not more than 2.5% of pesticide formulation Surfactants, related adjuvants of surfactants Tetrasodium pyrophosphate Anticaking agent, conditioning agent Thiosulfuric acid, disodium salt, anhydrous. (CAS Reg. No 7772-98-7) Dechlorinator, reducing agent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1030/1218 Thiosulfuric acid, disodium salt, pentahydrate. (CAS Reg. No. 10102-17-7) Do. d-Alpha tocopherol (CAS Reg. No. 9-02-9 None Safener d-Alpha tocopheryl acetate (CAS Reg. No. 58-95-7) None Do. dl-Alpha tocopherol (CAS Reg. No.10191 41-0) None Do. dl-Alpha tocopheryl acetate (CAS Reg. No. 7695-91-2) None Do. Tricalcium phosphate Surfactant, suspending agent, dispersing agent, anticaking agent, conditioning agent Trisodium phosphate Surfactant, emulsi�er, wetting agent 1-undecanol (CAS Reg. No. 112-42-5), 1 tetradecanol (CAS Reg. No. 112-72-1), 1 octadecanol (CAS Reg. No. 112-92-5), 1 eicosanol (CAS Reg. No. 629-96-9), 1 docosanol (CAS Reg. No. 661-19-8), alcohols, C , distn. residues (CAS Reg. No. 68603-17-8 & CAS Reg. No. 1190630 03-5), alkenes, C , mixed with polyethylene, oxidized, hydrolyzed, distn. residues from C alcs. manuf. (CAS Reg. No. 1430895-61-6), alkenes, C , mixed with polyethylene, oxidized, hydrolyzed, distn. residues from C alcs. manuf. (CAS Reg. No. 1430895-62-7) Carrier/Adjuvant and Coating Agent/Binder. Vermiculite Solid diluent, carrier. Vitamin E (CAS Reg. No. 1406-18-4) None Safener 16-18 18-22 16-18 18-22 20-22 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1031/1218 Walnut shells Leaching inhibitor, binder for water dispersible aggregates, sticker and suspension stabilizer Waxes and waxy substances, rice bran, oxidized (CAS Reg. No. 1883583-80-9) Flow aid, surface protectant, �lm forming agent, carrier, coating agent, or adjuvant Wintergreen oil Attractant Wood �our Derived from wood free of chemical preservatives Solid diluent and carrier Xanthan gum-modi�ed, produced by the reaction of xanthan gum and glyoxal (maximum 0.3% by weight) Not more than 0.5% of pesticide formulation Surfactant Xylene meeting the speci�cations listed in 21 CFR 172.884(b)(4) In pesticide formulations for grain storage only Solvent, cosolvent Zeolite (hydrated alkali aluminum silicate) Solid diluent, carrier Zinc oxide (CAS Reg. No. 1314-13-2) Not more than 15% by weight in pesticide formulations when used as stabilizer Coating agent, stabilizer Zinc sulfate (basic and monohydrate) Do. Zinc sulfate (basic and monohydrate) Solid diluent, carrier [69 FR 23117, Apr. 28, 2004] Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.884#p-172.884(b)(4) https://www.federalregister.gov/citation/69-FR-23117 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1032/1218 ยง 180.920 Inert ingredients used pre-harvest; exemptions from the requirement of a tolerance. The following materials are exempted from the requirement of a tolerance when used in accordance with good agricultural practice as inert (or occasionally active) ingredients in pesticide formulations applied to growing crops only: Acetophenone Attractant Adenosine (CAS Reg. No. 58-61-7) Maximum of 0.5% of formulation Synergist Alder bark Seed germination stimulator Alkyl (C -C ) dimethyl ammonio acetate (CAS Reg. Nos. 683-10-3, 2601 33-4 and 693-33-4 20% by weight in pesticide formulation Surfactant12 16 Inert ingredients Limits Uses For FEDERAL REGISTER citations affecting ยง 180.910, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.ecfr.gov/current/title-40/section-180.910 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1033/1218 α-Alkyl (minimum C linear, branched, saturated and/or unsaturated)-ω hydroxypolyoxyethylene polymer with or without polyoxypropylene, mixture of di and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts of the phosphate esters; minimum oxyethylene content is 2 moles; minimum oxypropylene content is 0 moles (CAS Reg. Nos. 9046-01-9, 37280-82-3, 39464-66-9, 42612-52-2, 50643-20-4, 52019-36-0, 58318-92-6, 60267-55-2, 61837-79-4, 67711-84-6, 68070-99-5, 68071-35-2, 68071-17-0, 68130-47-2, 68186-37-8, 68186-36-7, 68311-02-4, 68425-73-0, 68458-48-0, 68511-37-5, 68610-65-1, 68585-36-4, 68649-29-6, 68815-11-2, 68908-64-5, 68891-13-4, 73038-25-2, 78330-24-2, 108818-88-8, 154518-39-5, 317833-96-8, 873662-29-4, 936100-29-7, 936100-30-0) Not to exceed 30% of pesticide formulation Surfactants, related adjuvants of surfactants N-alkyl(C -C ) dimethylamidopropylamines where the alkyl group is linear and may be saturated and/or unsaturated (CAS Reg. Nos. 109-28-4, 3179-80-4, 7651-02-7, 22890-10-4, 22890-11-5, 39669-97-1, 45267-19-4, 68140-01-2, 1147459-12-8, 146987-98-6) Not to exceed 20% by weight in herbicide formulations Surfactants, related adjuvants of surfactants 6 8 18 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1034/1218 N-alkyl (C -C ) primary amines and their acetate salts where the alkyl group is linear and may be saturated and/or unsaturated (CAS Reg. Nos. 61790-57-6, 61790-58-7, 61790-59-8, 61790-60-1, 61788-46-3, 61790-33-8, 68155-38-4) Concentration in formulated end use products not to exceed 10% by weight in herbicide products, 4% by weight in insecticide products, and 4% by weight in fungicide products Surfactants, related adjuvants of surfactants N,N-Bis-α-ethyl-ω-hydroxypoly(oxy-1,2 ethanediyl) C8-C18 saturated and unsaturated alkylamines; the poly(oxy 1,2-ethanediyl) content is 2-60 moles (CAS Reg. Nos. 10213-78-2, 25307-17-9, 26635-92-7, 26635-93-8, 288259-52-9, 58253-49-9, 61790-82-7, 61791-14-8, 61791-24-0, 61791-26-2, 61791-31-9, 61791-44-4, 68155-33-9, 68155-39-5, 68155-40-8,70955-14-5, 73246-96-5, 1266162-49-5) Not to exceed 25% in herbicide formulations and 10% in insecticide and fungicide formulations Surfactants, related adjuvants of surfactants N,N-Bis-α-ethyl-ω-hydroxypoly(oxy-1,2 ethanediyl/oxy(methyl-1,2-ethanediyl) C C saturated and unsaturated alkylamines; the poly(oxy-1,2 ethanediyl/oxy(methyl-1,2-ethanediyl) content is 2-60 moles (CAS Reg. Nos. 68213-26-3, 68153-97-9, 75601-76-2) Not to exceed 25% in herbicide formulations and 10% in insecticide and fungicide formulations Surfactants, related adjuvants of surfactants Aluminum sulfate Safener adjuvant Ammonium acetate (CAS No. 631-61-8) 15% Buffering Agent. Ammonium chloride (CAS Reg. No. 12125-02-9) Carrier/nutrient Ammonium formate (CAS Reg. No. 540 69-2) Complexing or �xing agent 8 18 8 18 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1035/1218 Ammonium nitrate (CAS Reg. No. 6484 52-2) Adjuvant/ intensi�er for herbicides Ammonium polyphosphate (CAS Reg. No. 68333-79-9) Sequestrant, buffer, or surfactant Quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)di-methylammonium salts with saponite (CAS Reg. No. 1588523-05-0) Not to exceed 1.0% by weight of pesticide formulation Suspending or structuring agent Quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)di-methylammonium salts with sepiolite (CAS Reg. No. 1574487-61-8) Not to exceed 2.0% by weight of pesticide formulation, asbestos free and containing less than 1% crystalline silica Suspending or structuring agent Barium sulfate Carrier 1,4-Benzenedicarboxylic acid, dimethyl ester, polymer with 1,4-butanediol, adipic acid, and hexamethylene diisocyanate, minimum number average molecular weight (in amu) 30,000 (CAS Reg. No. 55231-08-8) For use in honeybee hive miticide formulations Component of controlled release agent 1,2-Benzisothiazolin-3-one Not more than 0.1% of formulation. Not more than 0.02 lb to be applied per acre Preservative/stabilizer Benzyl acetate (CAS Reg. No. 140-11-4) Solvent Beta Cyclodextrin, Methyl Ethers (CAS Reg. No. 128446-36-6) 40% by weight Stabilizer and solvent Boric acid Sequestrant Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1036/1218 Buffalo gourd root powder (Cucurbita foetidissima root powder); or, Zucchini juice (Cucurbita pepo juice) or Hawkesbury melon Citrullus lanatus. No more than 2.5 lbs/acre/season (3.4 gm/acre/season of Cucurbitacin) Gustatory stimulant Butyl stearate Defoamer γ-Butyrolactone Solvent C.I. Pigment Blue #15 (CAS Reg. No. 147 14-8; containing no more than 50 ppm polychlorinated biphenyls (PCBs)) For seed treament use only Dye, coloring agent C.I. Pigment Green #7 (CAS Reg. No. 1328-53-6; containing no more than 50 ppm polychlorinated biphenyls (PCBs)) For seed treatment use only Dye, coloring agent C.I. Pigment Red #112 (CAS Reg. No. 6535-46-2) Seed treatment use only. Limited to 10% w/w of pesticide formulation Coloring agent C.I. Pigment Violet #23 (CAS Reg. No. 6358-30-1; containing no more than 20 ppb of polychlorinated dibenzo-p-dioxins and/or polychlorinated dibenzofurans) For seed treatment use only Dye, coloring agent C.I. Pigment Yellow 1 (CAS Reg. No. 2512-29-0) Not to exceed 10% (weight/weight) in pesticide formulation Colorant Calcium Pantothenate (CAS Reg. No. 137-08-6) 0.1% by weight in pesticide formulations Enzyme cofactor Calcium formate (CAS Reg. No. 544-17 2) Carrier Calcium gluconate (CAS Reg. No. 299 28-5) Sequestrant Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1037/1218 Camphor (CAS Reg. No. 76-22-2) Not more than 5% weight to weight (w/w) of pesticide formulations Deodorant, melting point adjustment Carbon Black (CAS Reg. No. 1333-86-4) For seed treatment use only Colorant Carbonic acid, dipotassium salt (CAS Reg. No. 584-08-7) Buffering agent Carbonic acid, dipotassium salt, trihydrate (CAS Reg. No. 18662-52-7) Buffering agent Carboxymethyl guar gum sodium salt (CAS Reg. No. 39346-76-4) Without limitation Thicker/drift reduction agent Carboxymethyl-hydroxypropyl guar (CAS Reg. No. 68130-15-4) Without limitation Thicker/drift reduction agent Carous chloride 10 ppm in formulation Tagging agent Carrageenan, conforming to 21 CFR 172.260 Not more than 0.15% of pesticide formulation Thickener and stabilizer for pesticide formulations applied to seeds before planting Chlorobenzene Contains not more than 1% impurities. Not for use after edible parts of plant begin to form. Do not graze livestock in treated areas within 48 hours after application Solvent, cosolvent Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.260 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1038/1218 5-Chloro-2-methyl-4-isothiazolin-3-one (in combination with 2-methyl-4-isothiazolin 3-one) Not more than 0.0022% (22.5 ppm) in the formulation; 0.00022% (or 2.25 ppm) in the �nal solution applied to growing crops Preservative Choline chloride (CAS Reg. No. 67-48-1) As a solvent Choline hydroxide (CAS Reg No. 123-41 1) Without limitation Neutralizer Cis-isomer of 1-(3-chloroallyl)-3,5,7 triaza-1-azoniaadamantane chloride (CAS Reg. No. 51229-78-8) Maximum of 0.14% by weight of formulation Preservative Coco alkyl dimethyl amines (CAS Reg. No. 61788-93-0) Not to exceed 0.5% in pesticide formulation Emulsi�er Copper naphthenate Not more than 2.5% of formulation; application limited to before edible portions of plants begin to form Mercaptan scavenger in technical pesticide Cumene sulfonic acid and its ammonium, calcium, magnesium, potassium, sodium and zinc salts (CAS Reg. Nos. 15763-76-5, 16066-35-6, 164524-02-1, 28085-69-0, 28348-53-0, 28631-63-2, 32073-22-6, 37475-88-0, 37953-05-2, and 90959-88-9) Surfactant, related adjuvant of surfactant Cyclohexane Solvent, cosolvent Cyclohexanone Do. Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1039/1218 Cysteine (CAS Reg. No. 52-90-4) Maximum of 0.5% of formulation Synergist D&C Green No. 6 Dye D&C Red No. 17, technical grade Dye D&C Red No. 33 (CAS Reg. No. 3567-66 6); meeting the speci�cations listed in 21 CFR 74.1333 Dye D&C Violet No. 2, technical grade Not more than 0.005% of pesticide formulation Dye Decanamide, N,N-dimethyl (CAS Reg. No. 14433-76-2) Emulsi�er, solvent, cosolvent Diammonium phosphate (CAS Reg. No. 7783-28-0) Buffer, surfactant dibenzylidene sorbitol (32647-67-9) Thinning agent Diethanolamine Stabilizer, inhibitor for formulations used before crop emerges from soil Diethanolamine salts of alkyl (C -C ) benzenesulfonic acid (CAS Reg. Nos. 26545-53-9, 67815-95-6, 67889-94-5, 67889-95-6, 68259-34-7, 68478-47-7, 68567-68-0, 68815-34-9, 68815-37-2, 68891-02-1, 68953-97-9, 84989-15-1, 85338-09-6, 90194-39-1, 90194-40-4, 90218-08-9) Not to exceed 7% of pesticide formulation Surfactants, related adjuvants of surfactants. Diethylene glycol Deactivator, adjuvant for formulations used before crop emerges from soil 8 24 Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-74.1333 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1040/1218 Diethylene Glycol (CAS No. 111-46-6) Without limitation Solvent, stabilizer and/or antifreeze Diethylene glycol and diethylene glycol monobutyl, monoethyl, and monomethyl ethers Deactivator for formulations used before crop emerges from soil, stabilizer Diethylene glycol mono butyl ether (CAS Reg. No. 112-34-5) Without limitation Pesticide inert ingredient as a solvent, stabilizer and/or antifreeze Diethylene Glycol MonoEthyl Ether (CAS Reg. No. 111-90-0) Without limitation Solvent, stabilizer and/or antifreeze Dimethylaminopropylamine, isopropylamine, ethanolamine, and triethanolamine salts of alkyl (C -C ) benzenesulfonic acid (CAS Reg. Nos. 3088-30-0, 12068-12-1, 26264-05-1, 26836-07-7, 27323-41-7, 55470-69-4, 58089-99-9, 61886-59-7, 61931-76-8, 67924-05-4, 68110-32-7, 68259-35-8, 68411-31-4, 68442-72-8, 68567-69-1, 68584-24-7, 68584-25-8, 68648-81-7, 68648-96-4, 68649-00-3, 68815-30-5, 68815-35-0, 68910-32-7, 68953-93-5, 68953-98-0, 70528-84-6, 72391-21-0, 84961-74-0, 85480-55-3, 85480-56-4, 85995-82-0, 90194-42-6, 90194-53-9, 90194-54-0, 90194-55-1, 90218-09-0, 90218-11-4, 90218-35-2, 96687-54-6, 99924-49-9, 121617-08-1, 157966-96-6, 193562-36-6, 319926-68-6, 877677-48-0, 1093628-27-3) Surfactants, related adjuvants of surfactants. 3,6-Dimethyl-4-octyn-3,6-diol In pesticide formulations, for soil prior to planting or to plants before edible parts form Surfactants, related adjuvants of surfactants 8 24 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1041/1218 Dimethyl sulfoxide Solvent or cosolvent for formulations used before crop emerges from soil or prior to formation of edible parts of food plants Dimethyl sulfoxide (CAS No. 67-68-5) For pesticide formulations used before crop emerges from soil or prior to formation of edible parts of food plants; for pesticide formulations used after crop emerges but before harvest, provided that the potential for increased residues of the formulation's active ingredient(s) in or on food commodities has been assessed Solvent or co-solvent Dipotassium hydrogen phosphate Buffering agent Dipropylene glycol monomethyl ether Stabilizer Douglas-�r bark, ground Solid diluent, carrier Dysprosium chloride 10 ppm in formulation Tagging agent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1042/1218 1,2-ethanediamine,N,N,N″, N″ tetramethyl-, polymer with 1,1′-oxybis[2 chloroethane] (CAS Reg. No. 31075-24-8) For use in pesticide formulations applied to cotton or wheat only Adjuvant or water conditioner (S,S)-Ethylenediaminedisuccinic acid (CAS Reg. No. 20846-91-7) Sequestrant or chelating agent Ethylene glycol Antifreeze, deactivator for all pesticides used before crop emerges from soil and in herbicides before or after crop emerges Ethylene glycol (CAS Reg. No. 107-21-1) Without limitation Pesticide inert ingredient as a solvent, stabilizer and/or antifreeze. Ethylene glycol monobutyl ether 2-Ethylhexanol Cosolvent, defoamer, solvent for all pesticides used before crop emerges from soil and in herbicides before or after crop emerges Europic chloride 10 ppm in formulation Tagging agent FD&C Blue No. 1 (CAS Reg. No. 3844-45 9) For seed treatment use only Dye, coloring agent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1043/1218 FD&C Blue No. 1, methyl-polyethylene glycol derivative (CAS Reg. No. 9079-34 9) For seed treatment use only; Number average molecular weight (in amu) is greater than 1,000; Not to exceed 5% of the formulated pesticide product Dye, coloring agent FD&C Blue No. 1, polyethylene glycol derivative (CAS Reg. No. 9079-33-8) For seed treatment use only; Number average molecular weight (in amu) is greater than 1,000; Not to exceed 5% of the formulated pesticide product Dye, coloring agent FD&C Red No. 40 (CAS Reg. No. 25956 17-6) For seed treatment use only. Not to exceed 2% by weight of the pesticide formulation Dye, coloring agent Ferric chloride Not greater than 2% of suspending, dispersing agent, pesticide formulation Fluoroapatite Solid diluent, carrier Folic acid (CAS Reg. No. 59-30-3) Maximum of 0.5% of formulation Synergist Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1044/1218 Gluconic acid (and sodium salt) Sequestrant l-Glutamic acid (C H NO CAS Reg. No. 56-86-0) Seet treatment use only Plant nutrient [alpha]-D-glucopyranoside, 2-ethylhexyl 6 O-[alpha]-D glucopyranosyl- (CAS Reg. No. 330980-61-5) Surfactant [alpha]-D-glucopyranoside, 2-ethylhexyl (CAS Reg. No. 125590-73-0) Surfactant Glutamine (CAS Reg. No. 56-85-9) Maximum of 0.5% of formulation Synergist Glycerol - propylene oxide polymer (CAS Reg. No. 25791-96-2) Component in water soluble �lm Glyceryl triacetate Stabilizer Glyceryl tris-12-hydroxystearate Flow control agent Glycine betaine (CAS Reg. No. 107-43-7) Plant nutrient Graphite Treatment aid for seeds Guar hydroxypropyltrimethylammonium chloride (CAS Reg. No. 71329-50-5) Thickener/drift reduction agent Hexamethylenetetramine Stabilizer for carriers in solid pesticide formulations 5 9 4; Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1045/1218 2-(2′-hydroxy-3′,5′-di-tert-amylphenyl) benzotriazole (CAS Reg. No. 25973-55-1) Maximum concentration of 0.6% in insecticide formulations applied to adzuki beans, canola, chickpeas, cotton, faba beans, �eld peas, lentils, linola, linseed, lucerne, lupins, mung beans, navy beans, pigeon peas, sa�ower, sun�ower, and vetch Ultraviolet (UV) stabilizer 2-Hydroxy-4-n-octoxybenzophenone (CAS Reg. No. 1843-05-6) Not more than 0.2 pt of pesticide formulation Light stabilizer Hydroxypropyl guar gum Thickener 2-Hydroxypropyl starch (CAS Reg. No. 9049-76-7) Adjuvant Isobornyl acetate Solvent Isobutyl alcohol Do. Isobutylene-butene copolymers For soil application only Binder Isooctadecanol Not more than 2% of pesticide formulation Defoaming agent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1046/1218 Konjac glucomannan (CAS Reg. No. 37220-17-0) Not to exceed 1.0% by weight in pesticide formulation Thickener Lanthanum chloride 10 ppm in formulation Tagging agent. Magnesium nitrate (in combination with 2-methyl-4-isothiazolin-3-one and 5 chloro-2-methyl-4-isothiazolin-3-one) None Preservation Maleic acid For pesticide formulations applied to apples with a minimum preharvest interval of 21 days Stabilizer Maleic anhydride (CAS Reg. No. 108-31 6) Not to exceed 3.5% in pesticide formulations; or for pesticide formulations applied to apples with a minimum preharvest interval of 21 days Stabilizer Manganese carbonate Plant nutrient D-mannose (CAS Reg. No. 3458-28-4) Sequestrant, binder, �ller Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1047/1218 Mesityl oxide Not for use after edible parts of plant begin to form. Do not graze livestock in treated areas within 48 hours after application Solvent, cosolvent Methionine (CAS Reg. No. 59-51-8) Maximum of 0.5% of formulation Synergist Methyl alcohol Do. Methyl ethyl ketone Surfactant Methyl p- hydroxybenzoate Preservative for formulations Methyl isobutyl ketone Solvent, cosolvent 2-Methyl-4-isothiazolin-3-one (in combination with 5-chloro-2-methyl-4 isothiazolin-3-one) Not more than 0.0022% (22.5 ppm) in the formulation; 0.00022% (or 2.25 ppm) in the �nal solution applied to growing crops Preservative Mono-, di-, and trimethylnapthalenesulfonic acids and napthalenesulfonic acids formaldehyde condensates, ammonium and sodium salts (CAS Reg. Nos. 9008-63-3, 9069-80 1, 9084-06-4, 36290-04-7, 91078-68-1, 141959-43-5, 68425-94-5) Surfactants, related adjuvants of surfactants Methyl oleate Surfactant Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1048/1218 2-Methyl-2,4-pentanediol Solvent for formulations used before crop emerges from soil Methyl poly(oxyethylene)C -C alkylammonium chlorides where the poly(oxyethylene) content is n = 2-15 and where C -C alkyl is linear and may be saturated or unsaturated (CAS Reg. Nos. 3010-24-0, 18448-65-2, 70750-47-9, 22340-01-8, 67784-77-4, 64755-05-1, 61791-10-4, 28724-32-5, 28880-55-9, 68187-69-9, 68607-27-2, 60687-90-3 Concentration in formulated end use products not to exceed 10% by weight in herbicide products and 5% by weight in all other pesticide products Surfactants, related adjuvants of surfactants N-Methylpyrrolidone (CAS Reg. No. 872 504) Solvent, cosolvent Mixed phytosterols (consisting of campesterol, sitosterol and stigmasterol, with minor amounts of associated plant sterols) derived from edible vegetable oils Surfactant Mono- and bis-(1H, 1H, 2H, 2H per�uoroalkyl) phosphates where the alkyl group is even numbered and in the C -C range Not more than 0.5% of pesticide formulation. Expires February 9, 2008 Surfactant, related adjvants of surfactants Mono- and dialkyl (C -C ) methylated ammonium chloride compounds, where the alkyl group(s) (C -C ) are derived from coconut, cottonseed, soya, tallow, or hogfat fatty acids Surfactants, related adjuvants of surfactants Morpholine 4-C Acyl Derivatives (CAS Reg. No. 887947-29-7) As a solvent 8 18 8 18 6 12 8 18 8 18 6-12 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1049/1218 Nicotinamide (CAS Reg. No. 98-92-0) Not to exceed 0.5% by weight of pesticide formulation as synergist; not to exceed 5% by weight of pesticide formulation as corrosion inhibitor Synergist, corrosion inhibitor α-(p-Nonylphenyl)-ω hydroxypoly(oxyethylene); produced by the condensation of 1 mole of nonylphenol (nonyl group is a propylene trimer isomer) with an average of 4-14 or 30-100 moles of ethylene oxide; if a blend of products is used, the average number of moles of ethylene oxide reacted to produce any product that is a component of the blend shall be in the range 4-14 or 30-100 Surfactant Octanamide, N,N-dimethyl (CAS Reg. No. 1118-92-9) Emulsi�er, solvent, cosolvent α-Oleoyl-ω-(oleoyloxy) poly(oxyethylene) derived from α-hydro-ω hydroxypoly(oxyethylene) (molecular weight 600 amu) Component of defoamers Oxo-decyl acetate (CAS reg. No. 108419 33-6) Solvent Oxo-heptyl acetate (CAS Reg. No. 90438 79-2) Solvent Oxo-hexyl acetate (CAS Reg. No. 88230 35-7) Solvent Oxo-nonyl acetate (CAS Reg. No. 108419-34-7) Solvent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1050/1218 Oxo-octyl acetate (CAS Reg. No. 108419 32-5) Solvent Oxo-tridecyl acetate (CAS Reg. No. 108419-35-8) Solvent Phenol Solvent, cosolvent Phenol, 2-(2H-benzotriazol-2-yl)-6 dodecyl-4-methyl-, (CAS Reg. No. 23328 53-2) Not more than 10% by weight of pesticide formulations UV stabilizer. Phenolsulfonic acid - formaldehyde urea condensate and its sodium salt Applied to growing plants only Dispersant surfactant (Phthalocyaninato (2)) copper; (C.I. pigment blue No. 15) When used as a colorant in low density plastic �lms Coloring agent, pigment Pigment red 48 For seed treatment use only Dye α-Pinene Not more than 2% of formulation by weight Stabilizer Poly(oxy-1,2-ethanediyl), α-isotridecyl-ω methoxy (CAS Reg. No. 345642-79-7) At a maximum of 10% in formulation Surfactant Poly(oxy-1,2-ethanediyl), α-(3-carboxy-1 oxosulfopropyl)-ω-hydroxy-, (C -C ) alkyl ethers, disodium salts, polyoxylene content averages 4-5 moles (CAS Reg. No. 68815-56-5) Not to exceed 0.125% for seed treatment use only Surfactant. 10 12 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1051/1218 Poly(oxy-1,2-ethanediyl), α-(3-carboxy-1 oxosulfopropyl)-ω-hydroxy-, (C -C alkyl ethers, disodium salts, polyoxyethylene content averages 5 moles (CAS Reg. No. 68954-91-6) Not to exceed 0.125% for seed treatment use only Surfactant Poly(oxy-1,2-ethanediyl), α, α′-{[[4-[(3 sulfophenyl)azo]phenyl]imino]di-2,1 ethanediyl}bis[ω-hydroxy-, monosodium salt Not to exceed 20% by weight of pesticide formulation Colorant. Poly(oxyethylene) adducts of mixed phytosterols (such sterols to consist of campesterol, stigmasterol and sitosterol with minor amounts of associated plant sterols) derived from edible vegetable oils; polyoxyethylene content averaging 5-26 moles Surfactant, related adjuvants Polyoxyethylene polyoxypropylene mono(di-sec-butylphenyl) ether (CAS Reg. No. 69029-39-6) Limited to herbicide formulations only, and to no more than 30% by weight in herbicide formulations intended for application to turf Surfactants, related adjuvants of surfactants Poly(oxyethylene) (5) sorbitan monooleate Surfactants, related adjuvants of surfactants Polysorbate 60, conforming to 21 CFR 172.836 Surfactant Potassium dihydrogen phosphate Buffering agent 2-Propanamine, compound with α phosphono-ω-butoxypoly (oxy-1,2 ethanediyl) (2:1) (CAS Reg. No. 431040 31-2) Not more than 15% in the formulated product Surfactant 10 16) Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.836 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1052/1218 2-Propanamine, compounds with polyethylene glycol dihydrogen phosphate C - alkyl ether (2:1) (CAS Reg. No. 431062-72-5) Not more than 15% in the formulated product Surfactant 1,2-Propanediol, 3-[3-[1, 3, 3, 3 tetramethyl-1-[(trimethylsilyl)oxy]-1 disiloxyanyl] propoxy]- (CAS Reg. No. 70280-68-1) Not to exceed 5% by weight of pesticide formulation Antifoaming agent Propylene glycol monomethyl ether Solvent Pyridoxine (CAS Reg. No. 65-23-6) Maximum of 0.5% of formulation Synergist 2-Pyrrolidinone, 1-butyl- (CAS Reg. No. 3470-98-2) Not to exceed 30% by weight of pesticide formulation Solvent/cosolvent Rosin, dark wood (as de�ned in 21 CFR 178.3870(a)(1)(v)) Surfactants, related adjuvants of surfactants Rosin, gum Do. Rosin, tall oil Do. Scandium chloride 10 ppm in formulation Tagging agent Sodium bisulfate (CAS Reg. No. 7681-38 1) Acidifying/buffering agent Sodium 1,4-dicyclohexyl sulfosuccinate Surfactants, related adjuvants of surfactants Sodium 1,4-dihexyl sulfosuccinate (CAS Reg. No. 3006-15-3) Surfactants, related adjuvants of surfactants 8-10 Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-178.3870#p-178.3870(a)(1)(v) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1053/1218 Sodium dihydrogen phosphate (CAS Reg. No. 7558-80-7) conforming to 21 CFR 182.6778 Buffering agent Sodium 1,4-diisobutyl sulfosuccinate (CAS Reg. No. 127-39-9) Surfactants, related adjuvants of surfactants Sodium 1,4-dipentyl sulfosuccinate (CAS Reg. No. 922-80-5) Surfactants, related adjuvants of surfactants Sodium metaborate Sequestrant Sodium molybdate Plant nutrient Sodium nitrate Solid diluent Sodium nitrite Not more than 3% of pesticide formulation Stabilizer, inhibitor. Sodium o-phenylphenate Not more than 0.1% of pesticide formulation Preservative for formulation Sodium salt of the insoluble fraction of rosin Surfactants, related adjuvants of surfactants Sodium salts of N-alkyl (C8-C18)-beta iminodipropionic acid where the C8-C18 is linear and may be saturated and/or unsaturated (CAS Reg. Nos. 3655-00-3, 61791-56-8, 14960-06-6, 26256-79-1, 90170-43-7, 91696-17-2, 97862-48-1) Concentration in formulated end use products not to exceed 30% by weight in pesticide formulations Surfactants, related adjuvants of surfactants Sodium tetraborate Not more than 2% of pesticide formulation Buffering agent; corrosion inhibitor Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-182.6778 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1054/1218 Sulfonic acids, C - -sec-alkane, sodium salts (CAS Reg. No. 85711-69-9) Not to exceed 40% by weight in non-residential use pesticide formulation only Surfactant Sulfonic acids, C - -sec-alkane, sodium salts (CAS Reg. No. 97489-15-1) Not to exceed 40% by weight in non-residential pesticide formulation only Surfactant Tallowamine, ethoxylated, mixture of dihydrogen phosphate and monohydrogen phosphate esters and the corresponding ammonium, calcium, potassium, and sodium salts of the phosphate esters, where the poly(oxyethylene) content averages 2-20 moles (CAS Reg. No. 68308-48-5) Not to exceed 20% of pesticide formulation Surfactants, related adjuvants of surfactants Tannin Dispersing agent Tertiary butylhydroquinone Antioxidant 1-Tetradecanamine, N,N-dimethyl-, N oxide (CAS Reg. No. 3332-27-2) Component in water soluble �lm Tetraethylene glycol (CAS Reg. No. 112 60-7) Solvent N,N,N′,N″-Tetrakis-(2-hydroxypropyl) ethylenediamine (CAS Reg. No. 102-60-3) Concentration in formulated end use products not to exceed 20% by weight in pesticide formulations Stabilizer for formulations 13 17 14 17 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1055/1218 2,4,7,9-Tetramethyl-5-decyne 4,7-diol In pesticide formulations, for application to soil prior to planting or to plants before edible parts form Surfactants, related adjuvants of surfactants Tetrapotassium pyrophosphate (CAS Reg. No. 7320-345) Not to exceed 10% of formulation Sequestrant, anticaking agent, conditioning agent Thiamine Mononitrate (CAS Reg. No. 532-43-4) 0.1% by weight in pesticide formulations Enzyme cofactor Tin oxide (CAS Reg. No. 18282-10-5) Not to exceed 40% by weight for use in seed treatment pesticide formulations only Colorant Titanium dioxide (CAS Reg. No. 13463 67-7) Pigment, colorant, carrier Toluenesulfonic acid and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts Solvent, cosolvent Triethanolamine Stabilizer, inhibitor for formulations used before crop emerges from soil Triethanolamine (CAS Reg. No. 102-71-6) Stabilizer, inhibitor Triethylene glycol Deactivator Triethyl phosphate Stabilizer for formulations used before crop emerges from soil Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1056/1218 Trimethylolpropane (CAS Reg. No. 77-99 6) Not to exceed 15% by weight of the �lm Component in water soluble �lm α-[2,4,6-Tris[1-(phenyl)ethyl]phenyl]-ω hydroxy poly(oxyethylene), the poly(oxyethylene) content averages 4 150 moles) Not more than 15% of the formulation Surfactant. α-[2,4,6-Tris[1-(phenyl)ethyl]phenyl]-ω hydroxy poly(oxyethylene); mixture of monohydrogen and dihydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, potassium, sodium, and zinc salts, the poly(oxyethylene) content averages 4 150 moles) Not more than 15% of the formulation Do. α-[2,4,6-Tris[1-(phenyl)ethyl]phenyl]-ω hydroxy poly(oxyethylene) sulfate, and the corresponding ammonium, calcium, magnesium, potassium, sodium, and zinc salts, the poly(oxyethylene) content averages 4-150 moles Not more than 15% of the pesticide formulation Do. Tryptophan (CAS Reg. No. 73-22-3) Maximum of 0.5% of formulation Synergist Valeric acid, normal Not more than 2% in pesticide formulations Stenching agent or odorant Xylene Solvent, cosolvent Xylenesulfonic acid its ammonium calcium, magnesium, potassium, sodium, and zinc salts Surfactants, related adjuvants of surfactants Yucca extract from Yucca schidigera Wetting agent Ytterbium chloride 10 ppm in formulation Tagging agent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1057/1218 Yttrium chloride 10 ppm in formulation Tagging agent Zinc orthophosphate Plant nutrient and safener Zinc stearate, conforming to 21 CFR 182.5994 and 582.5994 Flow control agent [69 FR 23124, Apr. 28, 2004] ยง 180.930 Inert ingredients applied to animals; exemptions from the requirement of a tolerance. The following materials are exempted from the requirement of a tolerance when used in accordance with good agricultural practice as inert (or occasionally active) ingredients in pesticide formulations applied to animals: Table 1 to 180.930 Acetic acid (CAS Reg. No. 64-19-7) Not more than 0.5% of pesticide formulation Catalyst Acetic anhydride Solvent, cosolvent, stabilizer Acetone (Cas Reg. No. 67-64-1) Solvent or cosolvent Alcohols, C , manuf. of, by-products from, overheads (CAS Reg. No. 876065-86-0) Solvent2-33 Inert ingredients Limits Uses Inert ingredients Limits Uses For FEDERAL REGISTER citations affecting ยง 180.920, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.ecfr.gov/current/title-21/section-182.5994 https://www.ecfr.gov/current/title-21/section-582.5994 https://www.federalregister.gov/citation/69-FR-23124 https://www.ecfr.gov/current/title-40/section-180.920 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1058/1218 Alkanoic and alkenoic acids, mono- and diesters of α-hydro-ω hydroxypoly(oxyethylene) with molecular weight (in amu) range of 200 to 6,000 Emulsi�ers Alkyl (C -C ) benzenesulfonic acid and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts Surfactants, emulsi�er, related adjuvants of surfactants Alkyl (C -C ) dimethyl ammonio acetate (CAS Reg. Nos. 683-10-3, 2601-33-4 and 693-33-4 20% by weight in pesticide formulation Surfactant 8 24 12 16 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1059/1218 α-alkyl(C - C )-ω hydroxypoly(oxyethylene)sulfate, and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts, poly(oxyethylene) content averages 2-4 moles (CAS Reg. Nos.: 3088-31-1, 3694-74 4, 9004-82-4, 9004-84-6, 9021-91-4, 9086-52 6, 13150-00-0, 15826-16-1, 25446-78-0, 26183-44-8, 27140-00-7, 27731-61-9, 27731 61-9, 27731-62-0, 32612-48-9, 34431-25-9, 35015-74-8, 50602-06-7, 52286-18-7, 52286 19-8, 54116-08-4, 55901-67-2, 61702-79-2, 61894-66-4, 62755-21-9, 63428-85-3, 63428 86-4, 63428-87-5, 65086-57-9, 65086-79-5, 65104-74-7, 65122-38-5, 67674-66-2, 67762 19-0, 67762-21-4, 67845-82-3, 67845-83-4, 67923-90-4, 68037-05-8, 68037-06-9, 68171 41-5, 68424-50-0, 68511-39-7, 68585-34-2, 68610-66-2, 68611-29-0, 68611-55-2, 68649 53-6, 68890-88-0, 68891-29-2, 68891-30-5, 68891-38-3, 69011-37-6, 73665-22-2, 75422 21-8, 78330-16-2, 78330-17-3, 78330-25-3, 78330-26-4, 78330-27-5, 78330-28-6, 78330 29-7, 78330-30-0, 96130-61-9, 106597-03-9, 110392-50-2, 119432-41-6, 125301-88-4, 125301-89-5, 125301-92-0, 125736-54-1, 157707-85-2, 160104-51-8, 160901-27-9, 160901-28-0, 160901-29-1, 160901-30-4, 161025-28-1, 161074-79-9, 162063-19-6, 219756-63-5) Not to exceed 30% of formulation Surfactants, related adjuvants of surfactants. α-alkyl (C -C )-ω-hydroxypoly (oxypropylene)poly (oxyethylene)copolymers (where the poly(oxypropylene) content is 3 60 moles and the poly(oxyethylene) content is 5-80 moles), the resulting ethoxylated propoxylated (C -C ) alcohols having a minimum molecular weight (in amu) of 1,500, CAS Reg. No. 68551-13-3 Not to exceed 20% of pesticide formulations Surfactant α-Alkyl-ω-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the alkyl Surfactants, related adjuvants of 6 15 12 15 12 15 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1060/1218 chain contains a minimum of six carbons (CAS Reg. Nos.: 9002-92-0; 9004-95-9; 9004 98-2; 9005-00-9; 9035-85-2; 9038-29-3; 9038 43-1; 9040-05-5; 9043-30-5; 9087-53-0; 25190-05-0; 24938-91-8; 25231-21-4; 251553-55-6; 26183-52-8; 26468-86-0; 26636-39-5; 26636-40-8; 27252-75-1; 27306 79-2; 31726-34-8; 32128-65-7; 34398-01-1; 34398-05-5; 37251-67-5; 37311-00-5; 37311 01-6; 37311-02-7; 37311-04-9; 39587-22-9; 50861-66-0; 52232-09-4; 52292-17-8; 52609 19-5; 57679-21-7; 59112-62-8; 60636-37-5; 60828-78-6; 61702-78-1; 61723-78-2; 61725 89-1; 61791-13-7; 61791-20-6; 61791-28-4; 61804-34-0; 61827-42-7; 61827-84-7; 62648 50-4; 63303-01-5; 63658-45-7; 63793-60-2; 64366-70-7; 64415-24-3; 64415-25-4; 64425 86-1; 65104-72-5; 65150-81-4; 66455-14-9: 66455-15-0; 67254-71-1; 67763-08-0; 68002 96-0; 68002-97-1; 68131-39-5; 68131-40-8; 68154-96-1; 68154-97-2; 68154-98-3; 68155 01-1; 68213-23-0; 68213-24-1; 68238-81-3; 68238-82-4; 68409-58-5; 68409-59-6; 68439 30-5; 68439-45-2; 68439-46-3; 68439-48-5; 68439-49-6; 68439-50-9; 68439-51-0; 68439 53-2; 68439-54-3; 68458-88-8; 68526-94-3; 68526-95-4; 68551-12-2; 68551-13-3; 68551 14-4; 68603-20-3; 68603-25-8; 68920-66-1; 68920-69-4; 68937-66-6; 68951-67-7; 68954 94-9; 68987-81-5; 68991-48-0; 69011-36-5; 69013-18-9; 69013-19-0; 69227-20-9; 69227 21-0; 69227-22-1; 69364-63-2; 70750-27-5; 70879-83-3; 70955-07-6; 71011-10-4; 71060 57-6; 71243-46-4; 72066-65-0; 72108-90-8; 72484-69-6; 72854-13-8; 72905-87-4; 73018 31-2; 73049-34-0; 74432-13-6; 74499-34-6; 78330-19-5; 78330-20-8; 78330-21-9; 78330 23-1; 79771-03-2; 84133-50-6; 85422-93-1; 97043-91-9; 97953-22-5; 102782-43-4; 103331-86-8; 103657-84-7; 103657-85-8; 103818-93-5; 103819-03-0; 106232-83-1; 111905-54-5; 116810-31-2; 116810-32-3; surfactants Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1061/1218 116810-33-4; 120313-48-6; 120944-68-5; 121617-09-2; 126646-02-4; 126950-62-7; 127036-24-2; 139626-71-4; 152231-44-2; 154518-36-2; 157627-86-6; 157627-88-8; 157707-41-0; 157707-43-2; 159653-49-3; 160875-66-1; 160901-20-2; 160901-09-7; 160901-19-9; 161025-21-4; 161025-22-5; 161133-70-6; 166736-08-9; 169107-21-5; 172588-43-1; 176022-76-7; 196823-11-7; 287935-46-0; 288260-45-7; 303176-75-2; 954108-36-2; 2222805-23-2; 2409830-33-5) α-alkyl (minimum C linear, branched, saturated and/or unsaturated)-ω hydroxypolyoxyethylene polymer with or without polyoxypropylene, mixture of di- and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts of the phosphate esters; minimum oxyethylene content is 2 moles; minimum oxypropylene content is 0 moles, (CAS Reg. Nos.: 9004-80-2, 9046-01 9, 26982-05-8, 31800-89-2, 37280-82-3, 37281-86-0, 39341-09-8, 39341-65-6, 39464 66-9, 39464-69-2, 42612-52-2, 50643-20-4, 50668-50-3, 51325-10-1, 51884-64-1, 52019 36-0, 52019-38-2, 52019-38-2, 57486-09-6, 58206-38-5, 58318-92-6, 58857-49-1, 59112 71-9, 60267-55-2, 61837-79-4, 62362-49-6, 62482-61-5, 63747-86-4, 63887-54-7, 63887 55-8, 66020-37-9, 66272-25-1, 66281-20-7, 67711-84-6, 67786-06-5, 67989-06-4, 68070 99-5, 68071-17-0, 68071-35-2, 68071-37-4, 68130-44-9, 68130-45-0, 68130-46-1, 68130 47-2, 68186-29-8, 68186-34-5, 68186-36-7, 68186-37-8, 68238-84-6, 68311-02-4, 68311 04-6, 68332-75-2, 68389-72-0, 68400-75-9, 68413-78-5, 68425-73-0, 68425-75-2, 68439 39-4, 68458-48-0, 68511-15-9, 68511-36-4, 68511-37-5, 68551-05-3, 68585-15-9, 68585 16-0, 68585-17-1, 68585-36-4, 68585-39-7, Not to exceed 30% of formulation Surfactants, related adjuvants of surfactants. 6 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1062/1218 68603-24-7, 68607-14-7, 68610-64-0, 68610 65-1, 68649-29-6, 68649-30-9, 68650-84-0, 68815-11-2, 68855-46-9, 68856-03-1, 68890 90-4, 68890-91-5, 68891-12-3, 68891-13-4, 68891-26-9, 68908-64-5, 68909-65-9, 68909 67-1, 68909-69-3, 68921-24-4, 68921-60-8, 68954-87-0, 68954-88-1, 68954-92-7, 68987 35-9, 69029-43-2, 69980-69-4, 70247-99-3, 70248-14-5, 70844-96-1, 70903-63-8, 71965 23-6, 71965-24-7, 72480-27-4, 72623-67-7, 72623-68-8, 72828-56-9, 72828-57-0, 73018 34-5, 73038-25-2, 73050-08-5, 73050-09-6, 73361-29-2, 73378-71-9, 73378-72-0, 73559 42-9, 73559-43-0, 73559-44-1, 73559-45-2, 74499-76-6, 76930-25-1, 78041-18-6, 78330 22-0, 78330-24-2, 82465-25-6, 84843-37-8, 91254-26-1, 93925-54-3, 95014-34-9, 96416 89-6, 99924-51-3, 103170-31-6, 103170-32-7, 106233-09-4, 106233-10-7, 108818-88-8, 110392-49-9, 111798-26-6, 111905-50-1, 116671-23-9, 117584-36-8, 119415-05-3, 120913-45-3, 121158-61-0, 121158-63-2, 123339-53-7, 125139-13-1, 125301-86-2, 125301-87-3, 126646-03-5, 129208-04-4, 129870-77-5, 129870-80-0, 130354-37-9, 136504-88-6, 143372-50-3, 143372-51-4, 144336-75-4, 146815-57-8, 151688-56-1, 154518-39-5, 154518-40-8, 155240-11-2, 159704-69-5, 160498-49-7, 160611-24-5, 171543-66-1, 172027-16-6, 172274-69-0, 176707-42-9, 181963-82-6, 188741-55-1, 191940-53-1, 210493-60-0, 210993-53-6, 246159-55-7, 251298-11-0, 261627-68-3, 290348-69-5, 290348-70-8, 317833-96-8, 340681-28-9, 422563-19-7, 422563-26-6, 522613-09-8, 717140-06-2, 717140-09-5, 717827-29-7, 762245-80-7, 762245-81-8, 866538-89-8, 866538-90-1, 873662-29-4, 913068-96-9, 936100-29-7, 936100-30-0, 1072943-56-6, 1087209-87-7, 1174313-54-2, 1187742-89-7, 1187743-35-6, 1205632-03-6, Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1063/1218 1233235-49-8, 1451002-50-8, 1456802-88-2, 1456802-89-3, 1456803-12-5) N-alkyl (C8-C18) primary amines and their acetate salts where the alkyl group is linear and may be saturated and/or unsaturated (CAS Reg. Nos. 61790-57-6, 61790-58-7, 61790-59-8, 61790-60-1, 61788-46-3, 61790 33-8, 68155-38-4) Concentration in formulated end-use products not to exceed 10% by weight in herbicide products, 4% by weight in insecticide products, and 4% by weight in fungicide products Surfactants, related adjuvants of surfactants Alkyl (C -C ) sulfate and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts Surfactant N,N-Bis-α-ethyl-ω-hydroxypoly(oxy-1,2 ethanediyl) C8-C18 saturated and unsaturated alkylamines; the poly(oxy-1,2 ethanediyl) content is 2-60 moles (CAS Reg. Nos. 10213-78-2, 25307-17-9, 26635-92-7, 26635-93-8, 288259-52-9, 58253-49-9, 61790-82-7, 61791-14-8, 61791-24-0, 61791 26-2, 61791-31-9, 61791-44-4, 68155-33-9, 68155-39-5, 68155-40-8,70955-14-5, 73246 96-5, 1266162-49-5) Not to exceed 25% in herbicide formulations and 10% in insecticide and fungicide formulations Surfactants, related adjuvants of surfactants N,N-Bis-α-ethyl-ω-hydroxypoly(oxy-1,2 ethanediyl/oxy(methyl-1,2-ethanediyl) C -C saturated and unsaturated alkylamines; the poly(oxy-1,2-ethanediyl/oxy(methyl-1,2 ethanediyl) content is 2-60 moles (CAS Reg. Nos. 68213-26-3, 68153-97-9, 75601-76-2) Not to exceed 25% in herbicide formulations and 10% in insecticide and fungicide formulations Surfactants, related adjuvants of surfactants Ascorbyl palmitate Preservative 8 18 8 18 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1064/1218 Attapulgite-type clay Solid diluent, carrier Barium sulfate (CAS Reg. No. 7727-43-7) Carrier, density control agent Benzoic acid Preservative for formulations 2-Bromo-2-nitro-1,3-propanediol (CAS Reg. No. 52-51-7) 0.04% or less by weight of the total pesticide formulation In-can preservative Butane Propellant n-Butanol (CAS Reg. No. 71-36-3) Solvent for blended emulsi�ers n-Butyl benzoate (CAS RN 136-60-7) Solvent n-Butyl-3-hydroxybutyrate (CAS Reg. No. 53605-94-0) Solvent Butylated hydroxyanisole Antioxidant Butylated hydroxytoluene Do. Calcium carbonate Solid diluent, carrier Calcium chloride Stabilizer Calcium silicate, hydrated calcium silicate Anticaking agent, solid diluent, carrier C rich aromatic hydrocarbons (CAS Reg. No. 64742-95-6) Solvent C rich aromatic hydrocarbons (CAS Reg. No. 64742-94-5) Solvent C rich aromatic hydrocarbons (CAS Reg. No. 64742-94-5) Solvent 9 10-11 11-12 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1065/1218 Calcium stearate (CAS Reg. No. 1592-23-0) Stabilizer, component of plastic animal tag Calcium sulfate Solid diluent, carrier Carbon black (CAS Reg. No. 1333-86-4) Colorant/pigment in animal tag Carbon Dioxide (CAS Reg. No. 124-38-9) None Propellant Carrageenan, conforming to 21 CFR 172.620 Minimum molecular weight (in amu): 100,000 Thickener Cumene sulfonic acid and its ammonium, calcium, magnesium, potassium, sodium and zinc salts (CAS Reg. Nos. 15763-76-5, 16066-35-6, 164524-02-1, 28085-69-0, 28348-53-0, 28631-63-2, 32073-22-6, 37475 88-0, 37953-05-2, and 90959-88-9) Surfactant, related adjuvant of surfactant Cyclohexanone Solvent, cosolvent D&C Green No. 6 Dye, coloring agent D&C Red No. 17 Do. D&C Violet No. 2 Do. Dialkyl (C -C ) dimethylammonium chloride Not more than 0.2% in silica hydrated silica Flocculating agent in the manufacture of silica hydrated silica for use as a solid diluent, carrier Diatomite (diatomaceous earth) Solid diluent, carrier 8 18 Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.620 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1066/1218 Diethanolamine salts of alkyl (C -C ) benzenesulfonic acid (CAS Reg. Nos. 26545 53-9, 67815-95-6, 67889-94-5, 67889-95-6, 68259-34-7, 68478-47-7, 68567-68-0, 68815 34-9, 68815-37-2, 68891-02-1, 68953-97-9, 84989-15-1, 85338-09-6, 90194-39-1, 90194 40-4, 90218-08-9) Not to exceed 7% of pesticide formulation Surfactants, related adjuvants of surfactants. Diethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-75-4) Surfactant Diethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-83-4) Surfactant Diethylaminoethanol, ethoxylated, reaction products with acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-81-2) Surfactant Diethylaminoethanol, ethoxylated, reaction product with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-72-1) Surfactant Diethylphthalate Solvent, cosolvent 1,1-Di�uoroethane (CAS Reg. No. 75-37-6) In pesticide formulations used for insect control in food and feed handling establishments and animals; in bird repellent pesticide formulations Aerosol propellant 8 24 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1067/1218 Dimethyl ether (CAS Reg. No. 115-10-6) Propellant Dimethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-42-5) Surfactant Dimethylaminoethanol, ethoxylated, propoxylated reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-67-4) Surfactant Dimethylaminoethanol, ethoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-38-9) Surfactant Dimethylaminoethanol, ethoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-49-2) Surfactant Dimethylaminopropylamine, isopropylamine, ethanolamine, and triethanolamine salts of alkyl (C -C ) benzenesulfonic acid (CAS Reg. Nos. 3088-30-0, 12068-12-1, 26264-05 1, 26836-07-7, 27323-41-7, 55470-69-4, 58089-99-9, 61886-59-7, 61931-76-8, 67924 05-4, 68110-32-7, 68259-35-8, 68411-31-4, 68442-72-8, 68567-69-1, 68584-24-7, 68584 25-8, 68648-81-7, 68648-96-4, 68649-00-3, 68815-30-5, 68815-35-0, 68910-32-7 68953-93-5, 68953-98-0, 70528-84-6, 72391 21-0, 84961-74-0, 85480-55-3, 85480-56-4, 85995-82-0, 90194-42-6, 90194-53-9, 90194 54-0, 90194-55-1, 90218-09-0, 90218-11-4, 90218-35-2, 96687-54-6, 99924-49-9, 121617-08-1, 157966-96-6, 193562-36-6, 319926-68-6, 877677-48-0, 1093628-27-3). Surfactants, related adjuvants of surfactants.8 24 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1068/1218 3,6-Dimethyl-4-octyne-3,6-diol Not more than 2.5% of pesticide formulation Surfactants, related adjuvants of surfactants Dimethylpolysiloxane (CAS Reg. No. 9016 00-6) Defoaming agent Di-n-butyl carbonate (CAS Reg. No. 542-52 9) Solvent Dipropylene glycol monomethyl ether Surfactants, related adjuvants of surfactants Distillates (petroleum), solvent-dewaxed heavy para�nic (CAS Reg. No. 64742-65-0) Carrier Epoxidized soybean oil (CAS Reg. No. 8013 07-8) Stabilizer, plasticizer, component animal tag Ethanesulfonic acid, 2-hydroxy- (CAS Reg. No. 107-36-8) Chelator, sequestrant, or conditioning agent. Ethanesulfonic acid, 2-hydroxy-, ammonium salts (CAS Reg. No. 57267-78-4) Do. Ethanesulfonic acid, 2-hydroxy-, calcium salts (CAS Reg. No. 10550-47-7) Do. Ethanesulfonic acid, 2-hydroxy-, magnesium salts (CAS Reg. No. 17345-56-1) Do. Ethanesulfonic acid, 2-hydroxy-, potassium salts (CAS Reg. No. 1561-99-5) Do. Ethanesulfonic acid, 2-hydroxy-, sodium salts (CAS Reg. No. 1562-00-1) Do. Ethanesulfonic acid, 2-hydroxy-, zinc salts (CAS Reg. No. 129756-32-7) Do. Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1069/1218 Ethyl alcohol Solvent, cosolvent Ethyl maltol (CAS Reg. No.4940-11-8) Not more than 0.2 % of the pesticide formulation Odor masking agent Ethylene oxide adducts of 2,4,7,9 tetramethyl-5-decynediol, the ethylene oxide content averages 3.5, 10 or 30 moles (CAS Reg. No. 9014-85-1) Surfactants, related adjuvants of surfactants 2-Ethyl-1-hexanol (CAS Reg. No. 104-76-7) Not more than 10% of pesticide Solvent, adjuvant of surfactants FD&C Blue No. 1 Dye, coloring agent FD&C Yellow No. 6 Aluminum Lake (CAS Reg. No. 15790-07-5) Not more than 2% by weight of pesticide formulation Pigment in animal tag and similar slow release devices Formic Acid (CAS Reg. No. 64-18-6) 25% pH adjuster. D-glucitol, 1,4:3,6-dianhydro-2,5-di-O-methyl (CAS Reg. No. 5306-85-4); D-glucitol, 1,4:3,6 dianhydro-2,5-di-O-ethyl- (CAS Reg. No. 30915-81-2); D-glucitol, 1,4:3,6-dianhydro 2,5-di-O-propyl) (CAS Reg. No.107644-13-3); D-glucitol, 1,4:3,6-dianhydro-2,5-bis-O-(1 methylethyl)-,(iso-propyl diether) (CAS Reg. No. 103594-41-8); D-glucitol, 1,4:3,6 dianhydro-2,5-di-O-butyl- (CAS Reg. No. 103594-42-9); D-glucitol, 1,4:3,6-dianhydro 2,5-di-O-(1-methylpropyl)-, (CAS Reg. No. not assigned); and D-glucitol, 1,4:3,6-dianhydro 2,5-di-O-(2-methylpropyl)-, (CAS Reg. No. not assigned) solvent, co-solvent, viscosity modi�er, and adjuvant D-glucopyranose, oligomeric, C -alkyl glycosides (CAS Reg. No. 110615-47-9) Surfactant10-16 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1070/1218 Glycerol monooleate Surfactants, related adjuvants of surfactants Glyceryl monostearate Emulsi�er Glyceryl tris-12-hydroxystearate Flow control agent Graphite Solid diluent, carrier n-Hexyl alcohol (CAS Reg. No. 111-27-3) Solvent, cosolvent Hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-06-4) Surfactant Hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188-67-4) Surfactant Hydroxyethylmorpholine, ethoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-00 8) Surfactant Hydroxyethylmorpholine, ethoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-09 7) Surfactant Hydroxyethylpiperidine, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-22-4) Surfactant Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1071/1218 Hydroxyethylpiperidine, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-28-0) Surfactant Hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-20-2) Surfactant Hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189-25-7) Surfactant 2-(2′-Hydroxy-5′-methylphenyl)benzotriazole (CAS Reg. No. 2440-22-4) Not more than 0.5% by weight of pesticide formulation Ultraviolet light absorber/stabilizer in animal tag and similar slow-release devices Iron oxide (CAS Reg. No. 1309-37-1) Colorant in pesticide formulations for animal tags Isobutane (CAS Reg. No. 75-28-5) None Propellant Isopropyl-3-hydroxybutyrate (CAS Reg. No. 54074-94-1) Solvent Isopropyl myristate, CAS Reg. No. 110-27-0 Solvent Kaolinite-type clay Solid diluent, carrier Kerosene, U.S.P. reagent Solvent, cosolvent Lactic acid Solvent Lactic acid, 2-ethylhexyl ester (CAS Reg. No. 6283-86-9) Solvent Lactic acid, 2-ethylhexyl ester, (2S)- (CAS Reg. No. 186817-80-1) Solvent Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1072/1218 Lactic acid, n-propyl ester, (S); (CAS Reg. No. 53651-69-7) Solvent Lignin (CAS Reg. No. 9005-53-2) Surfactant, related adjuvants of surfactants Lignin, alkali (CAS Reg. No. 8068-05-1) Do. Lignin, alkali, oxidized, sodium salt (CAS Reg. No. 68201-23-0) Do. Lignin alkali reaction products with disodium sul�te and formaldehyde (CAS Reg. No. 105859-97-0) Do. Lignin alkali reaction products with formaldehyde and sodium bisul�te (CAS Reg. No. 68512-35-6) Do. Lignosulfonic acid (CAS Reg. No. 8062-15-5) Do. Lignosulfonic acid, ammonium calcium salt (CAS Reg. No. 12710-04-2) Do. Lignosulfonic acid, ammonium magnesium salt (CAS Reg. No. 123175-37-1) Do. Lignosulfonic acid, ammonium salt (CAS Reg. No. 8061-53-8) Do. Lignosulfonic acid, ammonium sodium salt (CAS Reg. No. 166798-73-8) Do. Lignosulfonic acid, calcium magnesium salt (CAS Reg. No. 55598-86-2) Do. Lignosulfonic acid, calcium salt (CAS Reg. No. 8061-52-7) Do. Lignosulfonic acid, calcium sodium salt (CAS Reg. No. 37325-33-0) Do. Lignosulfonic acid, ethoxylated, sodium salt (CAS Reg. No. 68611-14-3) Do. Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1073/1218 Lignosulfonic acid, magnesium salt (CAS Reg. No. 8061-54-9) Do. Lignosulfonic acid, potassium salt (CAS Reg. No. 37314-65-1) Do. Lignosulfonic acid, sodium salt (CAS Reg. No. 8061-51-6) Do. Lignosulfonic acid, sodium salt, oxidized (CAS Reg. No. 68855-41-4) Do. Lignosulfonic acid, sodium salt, polymer with formaldehyde and phenol (CAS Reg. No. 37207-89-9) Do. Lignosulfonic acid, sodium salt, sulfomethylated (CAS Reg. No. 68512-34-5) Do. Lignosulfonic acid, zinc salt (CAS Reg. No. 57866-49-6) Do. d-Limonene (CAS Reg. No. 5989-27-5) Solvent, fragrance Magnesium carbonate Solid diluent, carrier Magnesium silicate, hydrated magnesium silicate Do. Methane sulfonic acid (CAS Reg. No. 75-75 2) Not to exceed 3.0% by weight in pesticide formulation Acidifying agent Methyl alcohol Solvent, cosolvent Methyl n-amyl ketone (CAS Reg. No. 110-43 0) Solvent, cosolvent Methyl esters of higher fatty acids conforming to 21 CFR 573.640 Antidusting agent Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-573.640 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1074/1218 Methyl-p-hydroxybenzoate (Methyl paraben) Meets speci�cations of Food Chemicals Codex; not to exceed 0.1% in formulations Preservative Methyl isobutyl ketone Solvent, cosolvent 2-methyl-2,4-pentanediol (CAS Reg. No.-107 41-5) Without limitation Growing crops and food animals 2-methyl-1,3-propanediol (CAS Reg. No. 2163-42-0) Solvent, surfactant Mineral oil, U.S.P., or conforming to 21 CFR 172.878 or 178.3620(a), (b) Solvent, diluent Montmorillonite-type clay Solid diluent, carrier Nonyl, decyl, and undecyl glycoside mixture with a mixture of nonyl, decyl, and undecyl oligosaccharides and related reaction products (primarily decanol and undecanol) produced as an aqueous-based liquid (50 to 65% solids) from the reaction of primary alcohols (containing 15 to 20% secondary alcohol isomers) in a ratio of 20% C , 40% C , and 40% C with carbohydrates (average glucose to alkyl chain ratio 1.3 to 1.8) Surfactant 9 10 11 Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.878 https://www.ecfr.gov/current/title-21/section-178.3620#p-178.3620(a) https://www.ecfr.gov/current/title-21/section-178.3620#p-178.3620(b) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1075/1218 α-(p-Nonylphenol)-ω hydroxypoly(oxyethylene) mixture of dihydrogen phosphate and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, potassium, sodium, and zinc salts of the phosphate esters; the nonyl group is a propylene trimer isomer and the poly(oxyethylene) content averages 4-14 or 30 moles (CAS Reg. Nos. 51811-79-1, 59139-23-0, 67922-57-0, 68412-53-3, 68553 97-9, 68954-84-7, 99821-14-4, 152143-22-1, 51609-41-7, 37340-60-6, 106151-63-7, 68584-47-4, 52503-15-8, 68458-49-1) Not to exceed 7% of pesticide formulation Surfactants, related adjuvants of surfactants α-(p-Nonylphenol)-ω hydroxypoly(oxyethylene) sulfate, ammonium, calcium, magnesium, potassium, sodium, and zinc salts the nonyl group is propylene trimer isomer and the poly(oxyethylene) content averages 4 moles (CAS Reg. Nos. 9014-90-8, 9051-57-4, 9081 17-8, 68649-55-8, 68891-33-8 Not to exceed 7% of pesticide formulation Surfactants, related adjuvants of surfactants α-(p-Nonylphenyl)-ω hydroxypoly(oxyethylene) produced by the condensation of 1 mole of nonylphenol (nonyl group is a propylene trimer isomer) with an average of 4-15 or 30-90 moles of ethylene oxide; if a blend of products is used, the average number of moles of ethylene oxide reacted to produce any product that is a component of the blend shall be in the range of 4-15 or 30-90 moles Surfactants, emulsi�er, related adjuvants of surfactants. Octadecyl 3,5-di-tert-butyl-4-hydroxyhydro cinnamate (CAS Reg. No. 2082-79-3) Not more than 0.5% by weight of pesticide formulation Thermal stabilizer/antioxidant in animal tag and similar slow-release devices Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1076/1218 1-Octanal (CAS Reg. No. 124-13-0) Not more than 0.2% of the pesticide formulation Odor masking agent Octyl and decyl glucosides mixture with a mixture of octyl and decyl oligosaccharides and related reaction products (primarily n decanol) produced as an aqueous-based liquid (68-72% solids) from the reaction of straight chain alcohols (C (45%), C ) with anhydrous glucose Thermal stabilizer/antioxidant in animal tag and similar slow-release devices Octyl epoxytallate (CAS Reg. No. 61788-72 5) Plasticizer, component animal tag Oleic acid, conforming to 21 CFR 172.862 (CAS Reg. No. 112-80-1) Defoaming agent α-Oleoyl-ω-hydroxypoly(oxyethylene), average molecular weight (in amu) of 600 Emulsi�er α-Oleoyl-ω-(oleyloxy)poly(oxyethylene) derived from α-hydro-ω hydroxypoly(oxyethylene), molecular weight (in amu) 600 Emulsi�er, defoaming agent Pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4 hydroxyphenyl)propionate) (CAS Reg. No. 6683-19-8) Not to exceed 3% by weight of the pesticide formulation Antioxidant, stabilizer. Petroleum hydrocarbons, light, odorless, conforming to 21 CFR 172.884 or 178.3650 Solvent, diluent Petroleum hydrocarbons, synthetic isopara�nic, conforming to 21 CFR 172.882 or 178.3530 Do. Phenol Solvent, cosolvent 8 10 Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.862 https://www.ecfr.gov/current/title-21/section-172.884 https://www.ecfr.gov/current/title-21/section-178.3650 https://www.ecfr.gov/current/title-21/section-172.882 https://www.ecfr.gov/current/title-21/section-178.3530 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1077/1218 α-Pinene Not more than 2% of formulation by weight Stabilizer Polyethylene (CAS Reg. No. 9002-88-4) conforming to 21 CFR 172.615 Component of plastic slow release tag Polyethylene glycol [α-hydro-ω hydroxypoly(oxyethylene)]; mean molecular weight (in amu) 194 to 9,500 conforms to 21 CFR 178.3750 Surfactants, related adjuvants of surfactants Poly(oxy-1,2-ethanediyl), α-(3-(1,3,3,3 tetramethyl-1-((trimethylsilyl) oxy) disiloxanyl) propyl)-ω-hydroxy- (CAS Reg. No. 67674-67-3) Surfactant Potassium benzoate (Cas No. 582-25-2) None Preservative Potassium hydroxide Meeting Food Chemicals, Codex speci�cations Neutralizer Propanamide, 2-hydroxy-N, N-dimethyl- (CAS Reg. No. 35123-06-9) Not to exceed 50% by weight in pesticide formulation Solvent/co-solvent Propane Propellant 1,2,3-Propanetriol, homopolymer diisooctadecanoate (CAS Reg. No. 63705 03-3) Emulsi�er n-Propanol Solvent, for blended emulsi�ers Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-172.615 https://www.ecfr.gov/current/title-21/section-178.3750 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1078/1218 2-Propenoic acid, 2-methyl-, polymer with ethyl 2-propenoate and methyl 2-methyl-2 propenoate, ammonium salt (CAS Registration No. 55989-05-4), minimum number average molecular weight (in amu), 18,900. Encapsulating agent,dispensers, resins, �bers and beads Propylene glycol Solvent, cosolvent Propylene glycol monomethyl ether Deactivator, emmolient Propyl gallate Antioxidant Propyl p-hydroxybenzoate (Propyl paraben) Meets speci�cations of Food Chemicals Codex; not to exceed 0.1% in formulations Preservative Pyrophylite Solid diluent, carrier Silica, hydrated silica Anticaking agent, solid diluent, carrier Silica aerogel (�nely powdered microcellular silica foam having a minimum silica content of 89.5%) Component of antifoaming agent Soapstone Solid diluent Sodium alkyl naphthalenesulfonates (CAS Reg. Nos. 68909-83-1, 68909-84-2, 68909 82-0, 27213-90-7, 26264-58-4, 27178-87-6, 111163-74-7, 908356-16-1, 25417-20-3, 25638-17-9, 145578-88-7, 1322-93-6, 1323 19-9, 7403-47-6, 68442-09-1, 127646-44-0, 908356-18-3) Limited to no more than 30% by weight in pesticide end use products Surfactants, related adjuvants of surfactants Sodium 1,4-dihexyl sulfosuccinate (CAS Reg. No. 3006-15-3) Surfactants, related adjuvants of surfactants Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1079/1218 Sodium 1,4-diisobutyl sulfosuccinate (CAS Reg. No. 127-39-9) Surfactants, related adjuvants of surfactants Sodium dioctylsulfosuccinate Surfactants, related adjuvants of surfactants Sodium 1,4-dipentyl sulfosuccinate (CAS Reg. No. 922-80-5) Surfactants, related adjuvants of surfactants Sodium hydroxide Neutralizer Sodium monoalkyl and dialkyl (C6-C16) phenoxy benzenedisulfonates and related acids (CAS Reg. Nos. 147732-59-0, 147732 60-3, 169662-22-0, 70191-75-2, 36445-71-3, 39354-74-0, 70146-13-3, 119345-03-8, 149119-20-0, 149119-19-7, 119345-04-9, 28519-02-0, 25167-32-2, 30260-73-2, 65143 89-7, 70191-76-3) Not to exceed 20% in pesticide formulations Surfactants, related adjuvants of surfactants Sodium N-oleoyl-N-methyl taurine (CAS Reg. No. 137-20-2) Surfactants, related adjuvants of surfactants Sodium and potassium salts of N-alkyl (C C )-beta-iminodipropionic acid where the C -C is linear and may be saturated and/or unsaturated (CAS Reg. Nos. 110676-19-2, 3655-00-3, 61791-56-8, 14960-06-6, 26256 79-1, 90170-43-7, 91696-17-2, 97862-48-1) Concentration in formulated end-use products not to exceed 30% by weight in pesticide formulations Surfactants, related adjuvants of surfactants Sodium starch glycolate (CAS Reg. No. 9063-38-1) Granular and tableted products only; not to exceed 8% of the formulated product Disintegrant 8 18 8 18 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1080/1218 Sodium sulfate Solid diluent, carrier Sorbitan fatty acid esters (fatty acids limited to C , C , C , and C containing minor amounts of associated fatty acids) and poly(oxyethylene) derivatives of sorbitan fatty acid esters; the poly(oxyethylene) content averages 16-20 moles Buffering agent; corrosion inhibition Sorbitol Antidusting agent. Stearic acid (CAS Reg. No. 57-11-4) Lubricant, component animal tag α-Stearoyl-ω-hydroxypoly(oxyethylene), average molecular weight (in amu) of 600 Emulsi�er α-Stearoyl-ω-hydroxypoly(oxyethylene); the poly(oxyethylene) content averages 8, 9, or 40 moles; if a blend of products is used, the average number of moles of ethylene oxide reacted to produce any product that is a component of the blend shall be 8, 9, or 40 Surfactants; related adjuvants of surfactants Sul�te liquors and cooking liquors, spent, oxidized (CAS Reg. No. 68514-09-0) Surfactant, related adjuvants of surfactants Sulfur (CAS Reg. No. 7704-34-9) Stabilizer Talc Do. Tall oil; fatty acids not less than 58%, rosin acids not more than 44%, unsaponi�ables not more than 8% Surfactants, related adjuvants of surfactants Tall oil fatty acids (CAS Reg. No. 61790-12 3) Solvent/carrier Tartrazine Dye, coloring agent 12 14 16 18 Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1081/1218 Tetraethyl orthosilicate (CAS Reg. No. 78-10 4) Not to exceed 2% by weight of pesticide formulations Binder. N,N,N′,N″,-tetrakis-(2-hydroxypropyl) ethylenediamine (CAS Reg. No. 102-60-3) Concentration in formulated end-use products not to exceed 20% by weight in pesticide formulations Stabilizer for formulation. Trans-1,3,3,3-tetra�uoroprop-1-ene (CAS Reg. No. 29118-24-9) Propellant. 2,4,7,9-Tetramethyl-5-decyne-4.7-diol Not more than 2.5% of pesticide formulation Surfactants, related adjuvants of surfactants Titanium dioxide (CAS Reg. No. 13463-67-7) Pigment/colorant in pesticide formulations for animal tag Toluenesulfonic acid and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts Do. Triacetin (glyceryl triacetate) Solvent, cosolvent Trisodium phosphate Precipitant, buffer, �ller Inert ingredients Limits Uses 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1082/1218 1-undecanol (CAS Reg. No. 112-42-5), 1 tetradecanol (CAS Reg. No. 112-72-1), 1 octadecanol (CAS Reg. No. 112-92-5), 1 eicosanol (CAS Reg. No. 629-96-9), 1 docosanol (CAS Reg. No. 661-19-8), alcohols, C , distn. residues (CAS Reg. No. 68603-17-8 & CAS Reg. No. 1190630-03 5), alkenes, C , mixed with polyethylene, oxidized, hydrolyzed, distn. residues from C alcs. manuf. (CAS Reg. No. 1430895 61-6), alkenes, C , mixed with polyethylene, oxidized, hydrolyzed, distn. residues from C alcs. manuf. (CAS Reg. No. 1430895-62-7) Carrier/Adjuvant and Coating Agent/Binder. Waxes and waxy substances, rice bran, oxidized (CAS Reg. No. 1883583-80-9) Flow aid, surface protectant, �lm forming agent, carrier, coating agent, or adjuvant Xylene Solvent, cosolvent Xylenesulfonic acid and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts Surfactants, related adjuvants of surfactants Zinc oxide Solid diluent, carrier Zinc stearate, conforming to 21 CFR 182.5994 and 582.5994 Water repellant, dessicant, and coating agent. Zinc stearate (CAS Reg. No. 557-05-1) Water repellant, desiccant, and coating agent; stabilizer, component of plastic animal tag Zinc sulfate (basic and monohydrate) Water repellant, dessicant, and coating agent 16-18 18-22 16-18 18-22 20-22 Inert ingredients Limits Uses https://www.ecfr.gov/current/title-21/section-182.5994 https://www.ecfr.gov/current/title-21/section-582.5994 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1083/1218 [69 FR 23130, Apr. 28, 2004] ยง 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (Food-contact surface sanitizing solutions). Residues of the following chemical substances are exempted from the requirement of a tolerance when used in accordance with good manufacturing practice as ingredients in an antimicrobial pesticide formulation, provided that the substance is applied on a semi-permanent or permanent food-contact surface (other than being applied on food packaging) with adequate draining before contact with food. Table 180.940(a) Acetic acid 64-19-7 When ready for use, the end-use concentration is not to exceed 100 ppm Adipic acid 124-04-9 When ready for use, the end-use concentration is not to exceed 100 ppm alcohols, C , distn. residues 68603-17-8 1190630-03-5 alkenes, C , mixed with polyethylene, oxidized, hydrolyzed, distn. residues from C alcs. manuf 1430895-61-6 (a) The following chemical substances when used as ingredients in an antimicrobial pesticide formulation may be applied to: Food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils. 16-18 18-22 16-18 Pesticide Chemical CAS Reg. No. Limits For FEDERAL REGISTER citations affecting ยง 180.930, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/69-FR-23130 https://www.ecfr.gov/current/title-40/section-180.940#p-180.940(a) https://www.ecfr.gov/current/title-40/section-180.930 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1084/1218 alkenes, C , mixed with polyethylene, oxidized, hydrolyzed, distn. residues from C alcs. manuf 1430895-62-7 Alkylbenzene sulfonates (branched and linear) of chain lengths C -C , including benzenesulfonic acid, dodecyl and benzenesulfonic acid, dodecyl-, sodium salt 27176-87-0 25155-30-0 When ready for use, the end-use concentration is not to exceed 700 ppm Alkyl cylcohexylpropionate 2705-87-5 When ready for use, the end-use concentration is not to exceed 100 ppm α-Alkyl-ω-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain contains a minimum of six carbons 9002-92-0; 9004-95-9; 9004-98-2; 9005-00-9; 9035-85-2; 9038-29-3; 9038-43-1; 9040-05-5; 9043-30-5; 9087-53-0; 25190-05-0; 24938-91 8; 25231-21-4; 251553-55-6; 26183-52-8; 26468-86-0; 26636 39-5; 26636-40-8; 27252-75-1; 27306-79-2; 31726-34-8; 32128 65-7; 34398-01-1; 34398-05-5; 37251-67-5; 37311-00-5; 37311 01-6; 37311-02-7; 37311-04-9; 39587-22-9; 50861-66-0; 52232 09-4; 52292-17-8; 52609-19-5; 57679-21-7; 59112-62-8; 60636 37-5; 60828-78-6; 61702-78-1; 61723-78-2; 61725-89-1; 61791 13-7; 61791-20-6; 61791-28-4; 61804-34-0; 61827-42-7; 61827 84-7; 62648-50-4; 63303-01-5; 63658-45-7; 63793-60-2; 64366 70-7; 64415-24-3; 64415-25-4; 64425-86-1; 65104-72-5; 65150 81-4; 66455-14-9: 66455-15-0; 67254-71-1; 67763-08-0; 68002 None 18-22 20-22 10 16 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1085/1218 96-0; 68002-97-1; 68131-39-5; 68131-40-8; 68154-96-1; 68154 97-2; 68154-98-3; 68155-01-1; 68213-23-0; 68213-24-1; 68238 81-3; 68238-82-4; 68409-58-5; 68409-59-6; 68439-30-5; 68439 45-2; 68439-46-3; 68439-48-5; 68439-49-6; 68439-50-9; 68439 51-0; 68439-53-2; 68439-54-3; 68458-88-8; 68526-94-3; 68526 95-4; 68551-12-2; 68551-13-3; 68551-14-4; 68603-20-3; 68603 25-8; 68920-66-1; 68920-69-4; 68937-66-6; 68951-67-7; 68954 94-9; 68987-81-5; 68991-48-0; 69011-36-5; 69013-18-9; 69013 19-0; 69227-20-9; 69227-21-0; 69227-22-1; 69364-63-2; 70750 27-5; 70879-83-3; 70955-07-6; 71011-10-4; 71060-57-6; 71243 46-4; 72066-65-0; 72108-90-8; 72484-69-6; 72854-13-8; 72905 87-4; 73018-31-2; 73049-34-0; 74432-13-6; 74499-34-6; 78330 19-5; 78330-20-8; 78330-21-9; 78330-23-1; 79771-03-2; 84133 50-6; 85422-93-1; 97043-91-9; 97953-22-5; 102782-43-4; 103331 86-8; 103657-84-7; 103657-85-8; 103818-93-5; 103819-03-0; 106232-83-1; 111905-54-5; 116810-31-2; 116810-32-3; 116810-33-4; 120313-48-6; 120944-68-5; 121617-09-2; 126646-02-4; 126950-62-7; 127036-24-2; 139626-71-4; 152231-44-2; 154518-36-2; 157627-86-6; 157627-88-8; 157707-41-0; 157707-43-2; 159653-49-3; 160875-66-1; 160901-20-2; 160901-09-7; 160901-19-9; 161025-21-4; Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1086/1218 161025-22-5; 161133-70-6; 166736-08-9; 169107-21-5; 172588-43-1; 176022-76-7; 196823-11-7; 287935-46-0; 288260-45-7; 303176-75-2; 954108-36-2; 2222805-23-2; 2409830-33-5 C10-C18-Alkyl dimethyl amine oxides 1643-20-5, 2571-88-2, 2605-79-0, 3332-27-2, 61788-90-7, 68955-55 5, 70592-80-2, 7128-91-8, 85408 48-6, and 85408-49-7 When ready for use, the end-use concentration is not to exceed 1,350 ppm Aluminum sulfate 10043-01-3 When ready for use, the end-use concentration is not to exceed 50 ppm 2-propen-1-aminium, N,N dimethyl-N-propenyl-, chloride, homopolymer 26062-79-3 When ready for use, the end-use concentration is not to exceed 0.6% Ammonium chloride 12125-02-9 When ready for use, the end-use concentration is not to exceed 48 ppm Amylopectin, acid hydrolyzed, 1 oxtenylbutanedioate 113894-85-2 None Amylopectin, hydrogen 1 octadecenylbutanedioate 125109-81-1 None Aspartic acid, N-(1,2 dicarboxyethyl)-, tetrasodium salt 144538-83-0 When ready for use, the end-use concentration is not to exceed 5000 ppm Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1087/1218 Butryic acid 107-92-6 When ready for use, the end-use concentration is not to exceed 100 ppm Butyl alcohol 71-36-3 When ready for use, the end-use concentration is not to exceed 100 ppm n-Butyl benzoate 136-60-7 When ready for use, the end-use concentration is not to exceed 15,000 ppm n-Butyl-3-hydroxybutyrate 53605-94-0 Solvent Citral 5392-40-5 When ready for use, the end-use concentration is not to exceed 100 ppm Citronellol 106-22-9 When ready for use, the end-use concentration is not to exceed 100 ppm Citronellyl acetate 150-84-5 When ready for use, the end-use concentration is not to exceed 100 ppm Copper sulfate pentahydrate 7758-99-8 When ready for use, the end-use concentration is not to exceed 80 ppm Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1088/1218 β-Damascone, (Z)- 23726-92-3 When ready for use, the end-use concentration is not to exceed 100 ppm Decanal 112-31-2 When ready for use, the end-use concentration is not to exceed 100 ppm Decanoic acid 334-48-5 When ready for use, the end-use concentration is not to exceed 100 ppm 1-Decanol 112-30-1 When ready for use, the end-use concentration is not to exceed 100 ppm (E)-4-Decenal 65405-70-1 When ready for use, the end-use concentration is not to exceed 100 ppm D-Glucopyranose, oligomeric, decyl octyl glycosides 68515-73-1 None 1,3-dibromo-5,5 dimethylhydantoin 77-48-5 None 2,2-Dimethyl-1,3-dioxolane 4-methanol 100-79-8 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1089/1218 2,6-Dimethyl-5-heptanal 106-72-9 When ready for use, the end-use concentration is not to exceed 100 ppm Di-n-butyl carbonate 542-52-9 When ready for use, the end-use concentration is not to exceed 15,000 ppm Dipropylene glycol 25265-71-8 None 1-docosanol 661-19-8 2-Dodecanol, (2E)- 20407-84-5 When ready for use, the end-use concentration is not to exceed 100 ppm 1-eicosanol 629-96-9 Ethanol 64-17-5 None Ethyl 2-methylbutyrate 452-79-1 When ready for use, the end-use concentration is not to exceed 100 ppm Ethylenediaminetetraacetic acid (EDTA), tetrasodium salt 64-02-8 None FD&C Green No. 3 CAS Reg. No. 2353-45-9 None FD&C Red No. 40 25956-17-6 When ready for use, the end-use concentration is not to exceed 20 ppm. Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1090/1218 FD&C Yellow No. 5 1934-21-0 When ready for use, the end-use concentration is not to exceed 1000 ppm (E)-Geraniol 106-24-1 When ready for use, the end-use concentration is not to exceed 100 ppm (E)-Geraniol acetate 105-87-3 When ready for use, the end-use concentration is not to exceed 100 ppm C -C linear and branched chain alkyl d-glucitol dianhydro alkyl ethers cluster 5306-85-4; 30915-81-2; 107644 13-3; 103594-41-8; 103594-42-9 When ready for use, the end-use concentration is not to exceed 500 ppm. D-glucitol, 1,4:3,6 dianhydro-2,5-di-O-(1 methylpropyl)-, None D-glucitol, 1,4:3,6 dianhydro-2,5-di-O-(2 methylpropyl)-, (CAS Reg. No. not assigned) None D-glucurono-6-deoxy-L manno-D-glucan, acetate, calcium magnesium potassium sodium salt (diutan gum) (CAS No. 595585-15-2) None 1 4 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1091/1218 Heptanal 111-71-7 When ready for use, the end-use concentration is not to exceed 100 ppm Heptanoic acid 111-14-8 When ready for use, the end-use concentration is not to exceed 100 ppm Heptyl alcohol 111-70-6 When ready for use, the end-use concentration is not to exceed 100 ppm Hexanal 66-25-1 When ready for use, the end-use concentration is not to exceed 100 ppm Hexanoic acid 142-62-1 When ready for use, the end-use concentration is not to exceed 100 ppm n-Hexanol 111-27-3 When ready for use, the end-use concentration is not to exceed 100 ppm (Z)-3-Hexenol 928-96-1 When ready for use, the end-use concentration is not to exceed 100 ppm Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1092/1218 (Z)-3-Hexenol acetate 3681-71-8 When ready for use, the end-use concentration is not to exceed 100 ppm Hexyl acetate 142-92-7 When ready for use, the end-use concentration is not to exceed 100 ppm Hydrogen peroxide 7722-84-1 When ready for use, the end-use concentration is not to exceed 91 ppm Hypochlorous acid, sodium salt 7681-52-9 When ready for use, the end-use concentration of all hypochlorous acid chemicals in the solution is not to exceed 200 ppm determined as total available chlorine Iodine 7553-56-2 When ready for use, the total end-use concentration of all iodide-producing chemicals in the solution is not to exceed 25 ppm of titratable iodine Isopropyl-3 hydroxybutyrate 54074-94-1 Solvent Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1093/1218 Lactic acid 50-21-5 When ready for use, the end-use concentration is not to exceed 10,000 ppm in antimicrobial formulations applied to food contact surfaces in public eating places Lauric acid 143-07-7 When ready for use, the end-use concentration is not to exceed 100 ppm Lauric aldehyde 112-54-9 When ready for use, the end-use concentration is not to exceed 100 ppm Lauryl alcohol 112-53-8 When ready for use, the end-use concentration is not to exceed 100 ppm d-Limonene 5989-27-5 When ready for use, the end-use concentration is not to exceed 100 ppm Lipase, triacylglycerol 9001-62-1 When ready for use, the end-use concentration is not to exceed 500 ppm Magnesium oxide 1309-48-4 None Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1094/1218 Magnesium sulfate anhydrous 7487-88-9 When ready for use, the end-use concentration is not to exceed 4400 ppm. Magnesium sulfate heptahydrate 10034-99-8 When ready for use, the end-use concentration is not to exceed 4400 ppm. Magnesium sulfate hexahydrate 7830-18-1 When ready for use, the end-use concentration is not to exceed 4400 ppm. Magnesium sulfate monohydrate 14168-73-1 When ready for use, the end-use concentration is not to exceed 4400 ppm. Magnesium sulfate pentahydrate 5553-21-6 When ready for use, the end-use concentration is not to exceed 4400 ppm. Magnesium sulfate tetrahydrate 24378-31-2 When ready for use, the end-use concentration is not to exceed 4400 ppm. Magnesium sulfate trihydrate 15320-30-6 When ready for use, the end-use concentration is not to exceed 4400 ppm. Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1095/1218 Methane sulfonic acid 75-75-2 When ready for use, the end use concentration is not to exceed 5,000 ppm Methylene blue 61-73-4 When ready for use, the end-use concentration is not to exceed 0.4 ppm Methyl-α-ionone 127-42-4 When ready for use, the end-use concentration is not to exceed 100 ppm 3-Methyl-2-butenyl acetate 1191-16-8 When ready for use, the end-use concentration is not to exceed 100 ppm 2-Methylundecanal 110-41-8 When ready for use, the end-use concentration is not to exceed 100 ppm 2-Methyl-1,3-propanediol 2163-42-0 None Myristaldehyde 124-25-4 When ready for use, the end-use concentration is not to exceed 100 ppm Myristic acid 544-63-8 When ready for use, the end-use concentration is not to exceed 100 ppm Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1096/1218 Neryl acetate 141-12-8 When ready for use, the end-use concentration is not to exceed 100 ppm Nitric acid 7697-37-2 When ready for use, the end-use concentration is not to exceed 1,000 ppm Nonanal 124-19-6 When ready for use, the end-use concentration is not to exceed 100 ppm Nonanoic acid 112-05-0 When ready for use, the end-use concentration is not to exceed 100 ppm Nonyl alcohol 143-08-8 When ready for use, the end-use concentration is not to exceed 100 ppm α-(p-Nonylphenyl)-ω hydroxypoly (oxyethylene) average poly(oxyethylene) content 11 moles) None None Octadecanoic acid, calcium salt 1592-23-0 None 1-octadecanol 112-92-5 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1097/1218 9-Octadecenoic acid (9Z)-, sulfonated, oxidized 1315321-93-7 When ready for use, the end-use concentration is not to exceed 250 ppm. 9-Octadecenoic acid (9Z)-, sulfonated, oxidized, potassium salts 1315321-94-8 When ready for use, the end-use concentration is not to exceed 250 ppm. 9-Octadecenoic acid (9Z)-, sulfonated, oxidized, sodium salts 1315321-95-9 When ready for use, the end-use concentration is not to exceed 250 ppm. Octanal 124-13-0 When ready for use, the end-use concentration is not to exceed 100 ppm 1-Octanesulfonic acid, sodium salt 5324-84-5 When ready for use, the end-use concentration is not to exceed 46 ppm Octanoic acid 124-07-2 When ready for use, the end-use concentration is not to exceed 52 ppm Octanoic acid 124-07-2 When ready for use, the end-use concentration is not to exceed 100 ppm Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1098/1218 1-Octanol 111-87-5 When ready for use, the end-use concentration is not to exceed 100 ppm Oxirane, methyl-, polymer with oxirane, minimum molecular weight (in amu), 1900 9003-11-6 None Palmitic acid 57-10-3 When ready for use, the end-use concentration is not to exceed 100 ppm Peroxyacetic acid 79-21-0 When ready for use, the end-use concentration is not to exceed 58 ppm Peroxyoctanoic acid 33734-57-5 When ready for use, the end-use concentration is not to exceed 52 ppm Phosphonic acid, (1 hydroxyethylidene)bis 2809-21-4 When ready for use, the end-use concentration is not to exceed 14 ppm Phosphoric acid, trisodium salt 7601-54-9 When ready for use, the end-use concentration is not to exceed 5916 ppm Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1099/1218 Potassium bromide 7758-02-3 When ready for use, the end-use concentration is not to exceed 46 ppm total available halogen Potassium iodide 7681-11-0 When ready for use, the total end-use concentration of all iodide-producing chemicals in the solution is not to exceed 25 ppm of titratable iodine 1,3-Propanediol 504-63-2 None Propionic acid 79-09-4 When ready for use, the end-use concentration is not to exceed 100 ppm Propylene glycol 57-55-6 None Quaternary ammonium compounds, alkyl (C -C ) benzyldimethyl, chlorides 8001-54-5 When ready for use, the end-use concentration of all quaternary chemicals in the solution is not to exceed 200 ppm of active quaternary compound 12 18 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1100/1218 Quaternary ammonium compounds: n-alkyl (C ) dimethyl benzyl ammonium chloride 68424-85-1 When ready for use, the end-use concentration of all quaternary chemicals in solution is not to exceed 400 ppm of active quaternary compound Quaternary Ammonium Compounds: n-alkyl (C ) dimethyl ethylbenzyl ammonium chloride, average molecular weight (in amu), 377 to 384 85409-23-0 When ready for use, the end-use concentration of all quaternary chemicals in solution is not to exceed 400 ppm of active quaternary compound. Quaternary ammonium compounds n-alkyl (C C ) dimethyl ethylbenzyl ammonium chloride average molecular weight (in amu) 384 None When ready for use, the end-use concentration of all quaternary chemicals in the solution is not to exceed 200 ppm of active quaternary compound 12 18 12 14 12 18 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1101/1218 Quaternary ammonium compounds, Di-n-Alkyl (C ) dimethyl ammonium chloride, average molecular weight (in amu) 332 to 361 None When ready for use, the end-use concentration of these speci�c in quaternary ammonium compounds is not to exceed 240 ppm of active quaternary ammonium compound; the end use concentration of all quaternary chemicals in the solution is not to exceed 400 ppm of active quaternary compound Quaternary ammonium compounds, didecyl dimethyl ammonium carbonate/didecyl dimethyl ammonium bicarbonate 148788-55-0/148812-654-1 When ready for use, the end-use concentration of these speci�c ammonium compounds is not to exceed 400 ppm of active quaternary ammonium compound Silver ions resulting from the use of electrolytically generated silver ions stabilized in citric acid as silver dihydrogen citrate (does not include metallic silver) 14701-21-4 When ready for use, the end-use concentration of silver ions is not to exceed 50 ppm of active silver. 8 10 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1102/1218 Sodium bisulfate 7681-38-1 When ready for use, the end-use concentration is not to exceed 2,000 ppm. Sodium lauroyl sarcosinate 137-16-6 When ready for use, the end-use concentration is not to exceed 10,000 ppm. Sorbitan, mono-9 octadecenoate, poly(oxy 1,2-ethanediyl) derivs., (Z) 9005-65-6 None Stearic acid. 57-11-4 When ready for use, the end-use concentration is not to exceed 100 ppm. Sulfuric acid 7664-93-9 Food-contact surfaces in public eating places, dairy processing equipment, and food-processing equipment and utensils in antimicrobial formulations. Not to exceed 600 ppm. Sulfuric acid monododecyl ester, sodium salt (sodium lauryl sulfate) 151-21-3 When ready for use, the end-use concentration is not to exceed 350 ppm Tall oil fatty acid (CAS Reg. No. 61790-12-3) Solvent/carrier Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1103/1218 1-tetradecanol 112-72-1 Trans-1,3,3,3 tetra�uoroprop-1-ene 29118-24-9 None 1,3,5-Triazine 2,4,6(1H,3H,5H)-trione, 1,3 dichloro-, sodium salt 2893-78-9 When ready for use, the end-use concentration of all di- or trichloroisocyanuric acid chemicals in the solution is not to exceed 100 ppm determined as total available chlorine 2-Tridecanal 7774-82-5 When ready for use, the end-use concentration is not to exceed 100 ppm Triethylene glycol 112-27-6 None 3,5,5-Trimethylhexanal 5435-64-3 When ready for use, the end-use concentration is not to exceed 100 ppm Undecanal 112-44-7 When ready for use, the end-use concentration is not to exceed 100 ppm 1-undecanol 112-42-5 Carrier/Adjuvant and Coating Agent/Binder. Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1104/1218 Undecyl alcohol 112-42-5 When ready for use, the end-use concentration is not to exceed 100 ppm Valeraldehyde 110-62-3 When ready for use, the end-use concentration is not to exceed 100 ppm Valeric acid 109-52-4 When ready for use, the end-use concentration is not to exceed 100 ppm Waxes and waxy substances, rice bran, oxidized 1883583-80-9 None Xylenesulfonic acid, sodium salt 1300-72-7 When ready for use, the end-use concentration is not to exceed 500 ppm Acetic acid 64-19-7 When ready for use, the end-use concentration is not to exceed 1200 ppm (b) The following chemical substances when used as ingredients in an antimicrobial pesticide formulation may be applied to: Dairy processing equipment, and food processing equipment and utensils. Pesticide Chemical CAS Reg. No. Limits Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1105/1218 Acetic acid, chloro-, sodium salt, reaction products with 4,5-dihydro 2-undecyl-1H-imidazole-1 ethanol and sodium hydroxide 68608-66 2 When ready for use, the end-use concentration is not to exceed 42 ppm chloroacetic acid Butanedioic acid, octenyl- 28805-58 5 When ready for use, the end-use concentration is not to exceed 156 ppm Butoxy monoether of mixed (ethylene-propylene) polyalkylene glycol, minimum average molecular weight (in amu), 2400 None None Calcium chloride 10043-52 4 When ready for use, the end-use concentration is not to exceed 17 ppm n-Carboxylic acids (C C ), consisting of a mixture of not less than 56% octanoic acid and not less than 40% decanoic acid None When ready for use, the end-use concentration is not to exceed 39 ppm Decanoic acid 334-48-5 When ready for use, the end-use concentration is not to exceed 90 ppm Ethanesulfonic acid, 2 [cyclohexyl (1 oxohexadecyl) amino]-, sodium salt 132-43-4 When ready for use, the end-use concentration is not to exceed 237 ppm Ethylenediaminetetraacetic acid (EDTA), disodium salt 139-33-3 When ready for use, the end-use concentration is not to exceed 1400 ppm FD&C Yellow No. 5 (Tartrazine) (conforming to 21 CFR 74.705) 1934-21-0 None 6 12 Pesticide Chemical CAS Reg. No. Limits https://www.ecfr.gov/current/title-21/section-74.705 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1106/1218 C -C linear and branched chain alkyl d-glucitol dianhydro alkyl ethers cluster 5306-85 4; 30915 81-2; 107644 13-3; 103594 41-8; 103594 42-9 When ready for use, the end-use concentration is not to exceed 1,000 ppm. D-glucitol, 1,4:3,6 dianhydro-2,5-di-O-(1 methylpropyl)-, None D-glucitol, 1,4:3,6 dianhydro-2,5-di-O-(2 methylpropyl)-, (CAS Reg. No. not assigned) None D-Gluconic acid, monosodium salt 527-07-1 When ready for use, the end-use concentration is not to exceed 760 ppm Hydriodic acid 10034-85 2 When ready for use, the total end-use concentration of all iodide-producing chemicals is not to exceed 25 ppm of titratable iodine Hydrogen peroxide 7722-84-1 When ready for use, the end-use concentration is not to exceed 465 ppm Hypochlorous acid 7790-92-3 When ready for use, the end-use concentration of all hypochlorous acid chemicals in the solution is not to exceed 200 ppm determined as total available chlorine Iodine 7553-56-2 When ready for use, the total end-use concentration of all iodide-producing chemicals in the solution is not to exceed 25 ppm of titratable iodine 1 4 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1107/1218 Lactic acid 50-21-5 When ready for use, the end-use concentration is not to exceed 138 ppm Nonanoic acid 112-05-0 When ready for use, the end-use concentration is not to exceed 90 ppm 1-Octanamine, N,N dimethyl 7378-99-6 When ready for use, the end-use concentration is not to exceed 113 ppm 1,2-Octanedisulfonic acid 113669 58-2 When ready for use, the end-use concentration is not to exceed 102 ppm 1-Octanesulfonic acid 3944-72-7 When ready for use, the end-use concentration is not to exceed 172 ppm 1-Octanesulfonic acid, sodium salt 5324-84-5 When ready for use, the end-use concentration is not to exceed 297 ppm 1-Octanesulfonic acid, 2 sul�no 113652 56-5 When ready for use, the end-use concentration is not to exceed 102 ppm Octanoic acid 124-07-2 When ready for use, the end-use concentration is not to exceed 176 ppm Oxychloro species (including chlorine dioxide) generated by acidi�cation of an aqueous solution of sodium chlorite None When ready for use, the end-use concentration is not to exceed 200 ppm of chlorine dioxide as determined by the method titled, Iodometric Method for the Determination of Available Chlorine Dioxide (50-250 ppm available chlorine dioxide) Peroxyacetic acid 79-21-0 When ready for use, the end-use concentration is not to exceed 315 ppm Peroxyoctanoic acid 33734-57 5 When ready for use, the end-use concentration is not to exceed 122 ppm Phosphonic acid, (1 hydroxyethylidene)bis 2809-21-4 When ready for use, the end-use concentration is not to exceed 34 ppm Phosphoric acid 7664-38-2 None Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1108/1218 Phosphoric acid, monosodium salt 7558-80-7 When ready for use, the end-use concentration is not to exceed 350 ppm Potassium iodide 7681-11-0 When ready for use, the total end-use concentration of all iodide-producing chemicals in the solution is not to exceed 25 ppm of titratable iodine Propanoic acid 79-09-4 When ready for use, the end-use concentration is not to exceed 297 ppm 2,6-Pyridinedicarboxylic acid 499-83-2 When ready for use, the end-use concentration is not to exceed 1.2 ppm Sulfuric acid monododecyl ester, sodium salt (sodium lauryl sulfate) 151-21-3 When ready for use, the end-use concentration is not to exceed 350 ppm Acetic acid 64-19-7 When ready for use, the end-use concentration is not to exceed 1,200 ppm Acetic acid, chloro-, sodium salt, reaction products with 4,5-dihydro-2-undecyl-1H-imidazole 1-ethanol and sodium hydroxide 68608 66-2 When ready for use, the end-use concentration is not to exceed 42 ppm chloroacetic acid Ammonium chloride 12125 02-9 When ready for use, the end-use concentration is not to exceed 48 ppm (c) The following chemical substances when used as ingredients in an antimicrobial pesticide formulation may be applied to: Food-processing equipment and utensils. Pesticide Chemical CAS Reg. No. Limits Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1109/1218 [1,1′-Biphenyl]-2-ol 90-43-7 When ready for use, the end-use concentration is not to exceed 400 ppm Boric acid, sodium salt 7775 19-1 None Butanedioic acid, octenyl- 28805 58-5 When ready for use, the end-use concentration is not to exceed 156 ppm Butanedioic acid, sulfo-, 1,4-dioctyl ester, sodium salt 1639 66-3 None Butoxy monoether of mixed (ethylene-propylene) polyalkylene glycol, cloudpoint of 90 - 100 C in 0.5 aqueous solution, average molecular weight (in amu), 3300 None None Butoxy monoether of mixed (ethylene-propylene) polyalkylene glycol, minimum average molecular weight (in amu), 2400 None None Calcium chloride 10043 52-4 When ready for use, the end-use concentration is not to exceed 17 ppm n-Carboxylic acids (C -C ), consisting of a mixture of not less than 56% octanoic acid and not less than 40% decanoic acid None When ready for use, the end-use concentration is not to exceed 39 ppm 3-Cyclohexene-1-methanol,α,α,4-trimethyl- 98-55-5 None o 6 12 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1110/1218 1-Decanaminium, N-decyl-N, N-dimethyl-, chloride 7173 51-5 When ready for use, the end-use concentration is not to exceed 200 ppm of active quaternary compound Decanoic acid 3347 48-5 When ready for use, the end-use concentration is not to exceed 234 ppm Ethanesulfonic acid, 2-[cyclohexyl (1 oxohexadecyl) amino]-, sodium salt 132-43 4 When ready for use, the end-use concentration is not to exceed 237 ppm Ethanol 64-17-5 None Ethanol, 2 butoxy- 111-76 2 None Ethanol, 2-(2-ethoxyethoxy)- 111-90 0 None Ethylenediaminetetraacetic acid (EDTA), disodium salt 139-33 3 When ready for use, the end-use concentration is not to exceed 1400 ppm Ethylenediaminetetraacetic acid (EDTA), tetrasodium salt 64-02-8 None Fatty acids, coco, potassium salts 61789 30-8 None Fatty acids, tall-oil, sulfonated, sodium salts 68309 27-3 When ready for use, the end-use concentration is not to exceed 66 ppm Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1111/1218 FD&C Yellow No. 5 (Tartrazine) (conforming to 21 CFR 74.705) 1934 21-0 None D-Gluconic acid, monosodium salt 527-07 1 When ready for use, the end-use concentration is not to exceed 760 ppm Hydriodic acid 10034 85-2 When ready for use, the total end-use concentration of all iodide-producing chemicals in the solution is not to exceed 25 ppm of titratable iodine Hydrogen peroxide 7722 84-1 When ready for use, the end-use concentration is not to exceed 1100 ppm Hypochlorous acid 7790 92-3 When ready for use, the end-use concentration of all hypochlorous acid chemicals in the solution is not to exceed 200 ppm determined as total available chlorine Hypochlorous acid, calcium salt 7778 54-3 When ready for use, the end-use concentration of all hypochlorous acid chemicals in the solution is not to exceed 200 ppm determined as total available chlorine Pesticide Chemical CAS Reg. No. Limits https://www.ecfr.gov/current/title-21/section-74.705 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1112/1218 Hypochlorous acid, lithium salt 13840 33-0 When ready for use, the end-use concentration of all hypochlorous acid chemicals in the solution is not to exceed 200 ppm determined as total available chlorine and 30 ppm lithium Hypochlorous acid, potassium salt 7778 66-7 When ready for use, the end-use concentration of all hypochlorous acid chemicals in the solution is not to exceed 200 ppm determined as total available chlorine Hypochlorous acid, sodium salt 7681 52-9 When ready for use, the end-use concentration of all hypochlorous acid chemicals in the solution is not to exceed 200 ppm determined as total available chlorine Iodine 7553 56-2 When ready for use, the total end-use concentration of all iodide-producing chemicals in the solution is not to exceed 25 ppm of titratable iodine Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1113/1218 Magnesium oxide 1309 48-4 None Methylene blue 61-73-4 When ready for use, the end-use concentration is not to exceed 0.4 ppm Neodecanoic acid 26896 20-8 When ready for use, the end-use concentration is not to exceed 174 ppm Nonanoic acid 112-05 0 When ready for use, the end-use concentration is not to exceed 90 ppm α-(p-Nonylphenyl)-ω-hydroxypoly (oxyethylene) maximum average molecular weight (in amu), 748 None None α-(p-Nonylphenol)-ω-hydroxypoly (oxyethylene) average poly(oxyethylene) content 11 moles None None α-(p-Nonylphenyl)-ω-hydroxypoly (oxyethylene) produced by the condensation of 1 mole p nonylphenol with 9 to 12 moles ethylene oxide None None α-(p-Nonylphenyl)-ω-hydroxypoly (oxyethylene), 9 to 13 moles ethylene oxide None None Octadecanoic acid, calcium salt 1592 23-0 None 9-Octadecenoic acid (9Z)-, sulfonated 68988 76-1 When ready for use, the end-use concentration is not to exceed 312 ppm Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1114/1218 9-Octadecenoic acid (9Z)-sulfonated, sodium salts 68443 05-0 When ready for use, the end-use concentration is not to exceed 200 ppm 1-Octanamine, N,N-dimethyl- 7378 99-6 When ready for use, the end-use concentration is not to exceed 113 ppm 1,2-Octanedisulfonic acid 113669 58-2 When ready for use, the end-use concentration is not to exceed 102 ppm 1-Octanesulfonic acid 3944 72-7 When ready for use, the end-use concentration is not to exceed 172 ppm 1-Octanesulfonic acid, sodium salt 5324 84-5 When ready for use, the end-use concentration is not to exceed 312 ppm 1-Octanesulfonic acid, 2-sul�no- 113652 56-5 When ready for use, the end-use concentration is not to exceed 102 ppm Octanoic acid 124-07 2 When ready for use, the end-use concentration is not to exceed 234 ppm Oxirane, methyl-, polymer with oxirane, minimum molecular weight (in amu), 1900 9003 11-6 None Oxirane, methyl-, polymer with oxirane, block, average molecular weight (in amu), 1900 106392 12-5 None Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1115/1218 Oxirane, methyl-, polymer with oxirane, block, minimum average molecular weight (in amu), 2000 None None Oxirane, methyl-, polymer with oxirane, block, 27 to 31 moles of polyoxypropylene, average molecular weight (in amu) 2000 None None Oxychloro species (predominantly chlorite, chlorate and chlorine dioxide in an equilibrium mixture) generated either (i) by directly metering a concentrated chlorine dioxide solution prepared just prior to use, into potable water, or (ii) by acidi�cation of an aqueous alkaline solution of oxychloro species (predominately chlorite and chlorate) followed by dilution with potable water None When ready for use, the end-use concentration is not to exceed 200 ppm of chlorine dioxide as determined by the method titled, “Iodometric Method for the Determination of Available Chlorine Dioxide (50-250 ppm available chlorine dioxide)” Oxychloro species (including chlorine dioxide) generated by acidi�cation of an aqueous solution of sodium chlorite None When ready for use, the end-use concentration is not to exceed 200 ppm of chlorine dioxide as determined by the method titled, “Iodometric Method for the Determination of Available Chlorine Dioxide (50-250 ppm available chlorine dioxide)” 2,4-Pentanediol, 2-methyl- 107-41 5 None Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1116/1218 Peroxyacetic acid 79-21-0 When ready for use, the end-use concentration is not to exceed 315 ppm Peroxyoctanoic acid 33734 57-5 When ready for use, the end-use concentration is not to exceed 122 ppm Phenol, 4-chloro-2-(phenylmethyl)- 120-32 1 When ready for use, the end-use concentration is not to exceed 320 ppm Phenol, 4-(1,1-dimethylpropyl)- 80-46-6 When ready for use, the end-use concentration is not to exceed 80 ppm Phosphonic acid, (1-hydroxyethylidene)bis- 2809 21-4 When ready for use, the end-use concentration is not to exceed 34 ppm Phosphoric acid 7664 38-2 None Phosphoric acid, monosodium salt 7558 80-7 When ready for use, the end-use concentration is not to exceed 350 ppm Phosphoric acid, trisodium salt 7601 54-9 When ready for use, the end-use concentration is not to exceed 5916 ppm Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1117/1218 Poly(oxy-1,2-ethanediyl), α-[(1,1,3,3 tetramethylbutyl) phenyl]-ω-hydroxy-, produced with one mole of the phenol and 4 to 14 moles ethylene oxide None None Potassium bromide 7758 02-3 When ready for use, the end-use concentration of all bromide-producing chemicals in the solution is not to exceed 200 ppm total available halogen Potassium iodide 7681 11-0 When ready for use, the total end-use concentration of all iodide-producing chemicals in the solution is not to exceed 25 ppm of titratable iodine Propanoic acid 79-09-4 When ready for use, the end-use concentration is not to exceed 297 ppm 2,6-Pyridinedicarboxylic acid 499-83 2 When ready for use, the end-use concentration is not to exceed 1.2 ppm Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1118/1218 Quaternary ammonium compounds, alkyl (C C ) benzyldimethyl, chlorides 8001 54-5 When ready for use, the end-use concentration of this speci�c quaternary compound is not to exceed 200 ppm within the end-use total concentration that is not to exceed 400 ppm active quaternary compound Quaternary ammonium compounds, n-alkyl (C C ) dimethyl ethylbenzyl ammonium chloride, average molecular weight (in amu), 377 to 384 None When ready for use, the end-use concentration of this speci�c quaternary compound is not to exceed 200 ppm within the end-use total concentration that is not to exceed 400 ppm active quaternary compound Quaternary ammonium compounds, n-alkyl (C C ) dimethyl ethylbenzyl ammonium chloride average molecular weight (in amu) 384 None When ready for use, the end-use concentration of this speci�c quaternary compound is not to exceed 200 ppm within the end-use total concentration that is not to exceed 400 ppm active quaternary compound 12 18 12 14 12 18 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1119/1218 Quaternary ammonium compounds, di-n-Alkyl (C C ) dimethyl ammonium chloride, average molecular weight (in amu), 332 to 361 None When ready for use, the end-use concentration of this speci�c quaternary compound is not to exceed 240 ppm within the end-use total concentration that is not to exceed 400 ppm active quaternary compound Sodium-α-alkyl(C -C )-ω-hydroxypoly (oxyethylene) sulfate with the poly(oxyethylene) content averaging one mole None None Sodium bromide 7647 15-6 When ready for use, the end-use concentration of all bromide-producing chemicals in the solution is not to exceed 200 ppm total available halogen Sodium iodide 7681 82-5 When ready for use, the total end-use concentration of all iodide-producing chemicals in the solution is not to exceed 25 ppm of titratable iodine Sulfuric acid monododecyl ester, sodium salt (sodium lauryl sulfate) 151-21 3 None 8 10 12 15 Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1120/1218 1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3-dichloro- 2782 57-2 When ready for use, the end-use concentration of all di or trichloroisocyanuric acid chemicals in the solution is not to exceed 100 ppm determined as total available chlorine 1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3-dichloro-, potassium salt 2244 21-5 When ready for use, the end-use concentration of all di or trichloroisocyanuric acid chemicals in the solution is not to exceed 100 ppm determined as total available chlorine 1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3-dichloro-, sodium salt 2893 78-9 When ready for use, the end-use concentration of all di or trichloroisocyanuric acid chemicals in the solution is not to exceed 100 ppm determined as total available chlorine 1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3,5 trichloro 87-90-1 When ready for use, the end-use concentration of all di or trichloroisocyanuric acid chemicals in the solution is not to exceed 100 ppm determined as total available chlorine Pesticide Chemical CAS Reg. No. Limits 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1121/1218 1,3,5-Triazine, N,N′,N″-trichloro-2,4,6-triamino- 7673 09-8 When ready for use, the end-use concentration of all di or trichloroisocyanuric acid chemicals in the solution is not to exceed 200 ppm determined as total available chlorine [69 FR 23136, Apr. 28, 2004] § 180.950 Tolerance exemptions for minimal risk active and inert ingredients. Unless speci�cally excluded, residues resulting from the use of the following substances as either an inert or an active ingredient in a pesticide chemical formulation, including antimicrobial pesticide chemicals, are exempted from the requirement of a tolerance under FFDCA section 408, if such use is in accordance with good agricultural or manufacturing practices. (a) Commonly consumed food commodities. Commonly consumed food commodities means foods that are commonly consumed for their nutrient properties. The term commonly consumed food commodities shall only apply to food commodities (whether a raw agricultural commodity or a processed commodity) in the form the commodity is sold or distributed to the public for consumption. (1) Included within the term commonly consumed food commodities are: (i) Sugars such as sucrose, lactose, dextrose and fructose, and invert sugar and syrup. (ii) Spices such as cinnamon, cloves, and red pepper. (iii) Herbs such as basil, anise, or fenugreek. (2) Excluded from the term commonly consumed food commodities are: (i) Any food commodity that is adulterated under 21 U.S.C. 342. (ii) Both the raw and processed forms of peanuts, tree nuts, milk, soybeans, eggs, �sh, crustacea, and wheat. (iii) Alcoholic beverages. Pesticide Chemical CAS Reg. No. Limits For FEDERAL REGISTER citations affecting § 180.940, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/69-FR-23136 https://www.govinfo.gov/link/uscode/21/342 https://www.ecfr.gov/current/title-40/section-180.940 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1122/1218 Acetic acid, sodium salt 127-09 3 Alpha-cyclodextrin 10016 20-3 Amylopectin, acid-hydrolyzed, 1-octenylbutanedioate 113894 85-2 Amylopectin, hydrogen 1-octadecenylbutanedioate 125109 81-1 Animal glue None (iv) Dietary supplements. (b) Animal feed items. Animal feed items means meat meal and all items derived from �eld crops that are fed to livestock excluding both the raw and processed forms of peanuts, tree nuts, milk, soybeans, eggs, �sh, crustacea, and wheat. Meat meal is an animal feed composed of dried animal fat and protein that has been sterilized. Other than meat meal, the term animal feed item does not extend to any item designed to be fed to animals that contains, to any extent, components of animals. Included within the term animal feed items are: (1) The hulls and shells of the commodities speci�ed in paragraph (a)(2)(ii) of this section, and cocoa bean. (2) Bird feed such as canary seed. (3) Any feed component of a medicated feed meeting the de�nition of an animal feed item. (c) Edible fats and oils. Edible fats and oils means all edible (food or feed) fats and oils, derived from either plants or animals, whether or not commonly consumed, including products derived from hydrogenating (food or feed) oils, or liquefying (food or feed) fats. (1) Included within the term edible fats and oils are oils (such as soybean oil) that are derived from the commodities speci�ed in paragraph (a)(2)(ii) of this section when such oils are highly re�ned via a solvent extraction procedure. (2) Excluded from the term edible fats and oils are plant oils used in the pesticide chemical formulation speci�cally to impart their characteristic fragrance and/or �avoring. (d) [Reserved] (e) Speci�c chemical substances. Residues resulting from the use of the following substances as either an inert or an active ingredient in a pesticide chemical formulation, including antimicrobial pesticide chemicals, are exempted from the requirement of a tolerance under FFDCA section 408, if such use is in accordance with good agricultural or manufacturing practices. Chemical CAS No. https://www.ecfr.gov/current/title-40/section-180.950#p-180.950(a)(2)(ii) https://www.ecfr.gov/current/title-40/section-180.950#p-180.950(a)(2)(ii) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1123/1218 Ascorbic acid (vitamin C) 50-81-7 Beeswax 8012 89-3 Benzoic acid, sodium salt 532-32 1 Beta-cyclodextrin 7585 39-9 Carbonic acid, monopotassium salt 298-14 6 Carbonic acid, monosodium salt (sodium bicarbonate) 144-55 8 Carnauba wax 8015 86-9 Carob gum (locust bean gum) 9000 40-2 Castor oil 8001 79-4 Castor oil, hydrogenated 8001 78-3 Cellulose 9004 34-6 Cellulose acetate 9004 35-7 Cellulose, carboxy methyl ether, sodium salt 9004 32-4 Cellulose, 2-hydroxyethyl ether 9004 62-0 Cellulose, 2-hydroxypropyl ether 9004 64-2 Chemical CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1124/1218 Cellulose, 2-hydroxypropyl methyl ether 9004 65-3 Cellulose, methyl ether 9004 67-5 Cellulose, mixture with cellulose carboxymethyl ether, sodium salt 51395 75-6 Cellulose, pulp 65996 61-4 Cellulose, regenerated 68442 85-3 Citric acid 77-92-9 Citric acid, 2-(acetyloxy)-, tributyl ester 77-90-7 Citric acid, calcium salt 7693 13-2 Citric acid, calcium salt (2:3) 813-94 5 Citric acid, dipotassium salt 3609 96-9 Citric acid, disodium salt 144-33 2 Citric acid, monohydrate 5949 29-1 Citric acid, monopotassium salt 866-83 1 Citric acid, monosodium salt 18996 35-5 Citric acid, potassium salt 7778 49-6 Citric acid, triethyl ester 77-93-0 Chemical CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1125/1218 Citric acid, tripotassium salt 866-84 2 Citric acid, tripotassium salt, monohydrate 6100 05-6 Citric acid, sodium salt 994-36 5 Citric acid, trisodium salt 68-04-2 Citric acid, trisodium salt, dihydrate 6132 04-3 Citric acid, trisodium salt, pentahydrate 6858 44-2 Coffee grounds 68916 18-7 Dextrins 9004 53-9 1,3-Dioxolan-2-one, 4-methyl-(propylene carbonate) 108-32 7 Fumaric acid 110-17 8 Gamma-cyclodextrin 17465 86-0 Gellan gum 71010 52-1 D-Glucitol (sorbitol) 50-70-4 Glycerol (glycerin) (1,2,3-propanetriol) 56-81-5 Guar gum 9000 30-0 Humic acid 1413 93-6 Chemical CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1126/1218 Humic acid, potassium salt 68514 28-3 Humic acid, sodium salt 68131 04-4 Lactic acid, n-butyl ester 138-22 7 Lactic acid, n-butyl ester, (S) 34451 19-9 Lactic acid, ethyl ester 97-64-3 Lactic acid, ethyl ester,(S) 687-47 8 Lanolin 8006 54-0 Lecithins 8002 43-5 Lecithins, soya 8030 76-0 Licorice Extract 68916 91-6 Maltodextrin 9050 36-6 Paper None Potassium chloride 7447 40-7 2-Propanol (isopropyl alcohol) 67-63-0 Red cabbage color, expressed from edible red cabbage heads via a pressing process using only acidi�ed water None Silica, amorphous, fumed (crystalline free) 112945 52-5 Chemical CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1127/1218 Silica, amorphous, precipitated and gel 7699 41-4 Silica gel 63231 67-4 Silica gel, precipitated, crystalline-free 112926 00-8 Silica, hydrate 10279 57-9 Silica, vitreous 60676 86-0 Soap (The water soluble sodium or potassium salts of fatty acids produced by either the saponi�cation of fats and oils, or the neutralization of fatty acid) None Sorbic acid, potassium salt 24634 61-5 Soapbark (Quillaja saponin) 1393 03-9 Sodium alginate 9005 38-3 Sodium chloride 7647 14-5 Syrups, hydrolyzed starch, hydrogenated 68425 17-2 Ultramarine blue (C.I. Pigment Blue 29) 57455 37-5 Urea 57-13-6 Vanillin 121-33 5 Xanthan gum 11138 66-2 Chemical CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1128/1218 [67 FR 36537, May 24, 2002] § 180.960 Polymers; exemptions from the requirement of a tolerance. Residues resulting from the use of the following substances, that meet the de�nition of a polymer and the criteria speci�ed for de�ning a low-risk polymer in 40 CFR 723.250, as an inert ingredient in a pesticide chemical formulation, including antimicrobial pesticide chemical formulations, are exempted from the requirement of a tolerance under FFDCA section 408, if such use is in accordance with good agricultural or manufacturing practices. Acetic acid ethenyl ester, polymer with ethane, ethenyltriethoxysilane and sodium ethenesulfonate (1:1); minimum number average molecular weight (in amu), 16,200 913187-38-9 Acetic acid ethenyl ester, polymer with ethene and ethenol, minimum number average molecular weight (in amu), 20,000 26221-27-2 Acetic acid ethenyl ester, polymer with ethenol and (α)-2-propenyl-(ω)-hydroxypoly (oxy-1,2 ethanediyl) minimum number average molecular weight (in amu), 15,000 137091-12-4 Acetic acid ethenyl ester, polymer with 1 ethenyl-2-pyrrolidinone 25086-89-9 Acetic acid ethenyl ester, polymer with oxirane, minimum number average molecular weight (in amu), 17,000 25820-49-9 Acetic acid ethenyl ester, polymer with sodium 2-methyl-2-[(1-oxo-2-propen-1-yl)amino]-1 propanesulfonate (1:1), hydrolyzed, minimum number average molecular weight (in amu), 61,000 924892-37-5 Polymer CAS No. For FEDERAL REGISTER citations affecting § 180.950, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/67-FR-36537 https://www.ecfr.gov/current/title-40/section-723.250 https://www.ecfr.gov/current/title-40/section-180.950 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1129/1218 Acrylamide-Sodium Acrylamidomethylpropanesulfonate Copolymer, minimum number average molecular weight (amu), 1,000,000 daltons. 38193-60-1 Acrylic acid-benzyl methacrylate-1 propanesulfonic acid, 2-methyl-2-[(1-oxo-2 propenyl)amino]-, monosodium salt, minimum number average molecular weight (in amu), 1500 1152297-42-1 Acrylic acid-butyl acrylate-styrene copolymer, minimum number average molecular weight (in amu), 5,200 25586-20-3 Acrylic acid, polymerized, and its ethyl and methyl esters None Acrylic acid-sodium acrylate-sodium-2 methylpropanesulfonate copolymer, minimum average molecular weight (in amu), 4,500 97953-25-8 Acrylic acid-stearyl methacrylate copolymer, minimum number average molecular weight (in amu), 2,500 27756-15-6 Acrylic acid, styrene, α-methyl styrene copolymer, ammonium salt, minimum number average molecular weight (in amu), 1,250 89678-90-0 Acrylic acid terpolymer, partial sodium salt, minimum number average molecular weight (in amu), 2,400 151006-66-5 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1130/1218 Acrylic polymers composed of one or more of the following monomers: Acrylic acid, butyl acrylate, butyl methacrylate, carboxyethyl acrylate, ethyl acrylate, ethyl methacrylate, hydroxybutyl acrylate, hydroxybutyl methacrylate, hydroxyethyl acrylate, hydroxyethyl methacrylate, hydroxypropyl acrylate, hydroxypropyl methacrylate, isobutyl methacrylate, lauryl methacrylate, methacrylic acid, methyl acrylate, lauryl acrylate, methyl methacrylate and stearyl methacrylate; with none and/or one or more of the following monomers: Acrylamide, diethyl maleate, dioctyl maleate, maleic acid, maleic anhydride, monoethyl maleate, monooctyl maleate, N methyl acrylamide, N,N-dimethyl acrylamide, N octylacrylamide, and acrylamidopropyl methyl sulfonic acid; and their corresponding ammonium, isopropylamine, monoethanolamine, potassium, sodium triethylamine, and/or triethanolamine salts; the resulting polymer having a minimum number average molecular weight (in amu), 1,200 None Acrylonitrile-butadiene copolymer conforming to 21 CFR 180.22, minimum average molecular weight (in amu), 1,000 9003-18-3 Acrylonitrile-styrene-hydroxypropyl methacrylate copolymer, minimum number average molecular weight (in amu), 447,000 None C10-23 alkyl group-containing alkali-soluble acrylic emulsion polymer, minimum number average molecular weight (in amu), 29,000 Daltons 174127-24-3 Alkoxylated C8-C18 Saturated and Unsaturated Alcohol and Adipic Acid, (AASUAA), minimum number average molecular weight (in amu), 1,300 397247-05-1, 227755-70-6, 397247-06-2, 1065234-83 4, and 497157-72-9. α-Alkyl-ω-hydroxypoly (oxypropylene) and/or 9002-92-0; 9004-95-9; Polymer CAS No. https://www.ecfr.gov/current/title-21/section-180.22 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1131/1218 poly (oxyethylene) polymers where the alkyl chain contains a minimum of six carbons and a minimum number average molecular weight (in amu) 1,100 9004-98-2; 9005-00-9; 9035-85-2; 9038-29-3; 9038-43-1; 9040-05-5; 9043-30-5; 9087-53-0; 25190-05-0; 24938-91-8; 25231-21-4; 251553-55-6; 26183-52-8; 26468-86-0; 26636-39-5; 26636-40-8; 27252-75-1; 27306-79-2; 31726-34-8; 32128-65-7; 34398-01-1; 34398-05-5; 37251-67-5; 37311-00-5; 37311-01-6; 37311-02-7; 37311-04-9; 39587-22-9; 50861-66-0; 52232-09-4; 52292-17-8; 52609-19-5; 57679-21-7; 59112-62-8; 60636-37-5; 60828-78-6; 61702-78-1; 61723-78-2; 61725-89-1; 61791-13-7; 61791-20-6; 61791-28-4; 61804-34-0; 61827-42-7; 61827-84-7; 62648-50-4; 63303-01-5; 63658-45-7; 63793-60-2; 64366-70-7; 64415-24-3; 64415-25-4; 64425-86-1; 65104-72-5; 65150-81-4; 66455-14-9: 66455-15-0; 67254-71-1; 67763-08-0; 68002-96-0; 68002-97-1; 68131-39-5; 68131-40-8; 68154-96-1; 68154-97-2; 68154-98-3; 68155-01-1; 68213-23-0; 68213-24-1; 68238-81-3; 68238-82-4; 68409-58-5; 68409-59-6; 68439-30-5; 68439-45-2; 68439-46-3; 68439-48-5; 68439-49-6; 68439-50-9; 68439-51-0; 68439-53-2; 68439-54-3; 68458-88-8; 68526-94-3; Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1132/1218 68526-95-4; 68551-12-2; 68551-13-3; 68551-14-4; 68603-20-3; 68603-25-8; 68920-66-1; 68920-69-4; 68937-66-6; 68951-67-7; 68954-94-9; 68987-81-5; 68991-48-0; 69011-36-5; 69013-18-9; 69013-19-0; 69227-20-9; 69227-21-0; 69227-22-1; 69364-63-2; 70750-27-5; 70879-83-3; 70955-07-6; 71011-10-4; 71060-57-6; 71243-46-4; 72066-65-0; 72108-90-8; 72484-69-6; 72854-13-8; 72905-87-4; 73018-31-2; 73049-34-0; 74432-13-6; 74499-34-6; 78330-19-5; 78330-20-8; 78330-21-9; 78330-23-1; 79771-03-2; 84133-50-6; 85422-93-1; 97043-91-9; 97953-22-5; 102782-43-4; 103331-86-8; 103657-84-7; 103657-85-8; 103818-93-5; 103819-03-0; 106232-83-1; 111905-54-5; 116810-31-2; 116810-32-3; 116810-33-4; 120313-48-6; 120944-68-5; 121617-09-2; 126646-02-4; 126950-62-7; 127036-24-2; 139626-71-4; 152231-44-2; 154518-36-2; 157627-86-6; 157627-88-8; 157707-41-0; 157707-43-2; 159653-49-3; 160875-66-1; 160901-20-2; 160901-09-7; 160901-19-9; 161025-21-4; 161025-22-5; 161133-70-6; 166736-08-9; 169107-21-5; 172588-43-1; 176022-76-7; 196823-11-7; 287935-46-0; 288260-45-7; 303176-75-2; Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1133/1218 954108-36-2; 2222805-23 2; 2409830-33-5 Amines, coco alkyl, ethoxylated, compounds with acrylic acid-Bu acrylate-methylstyrene styrene polymer, ammonium salts; minimum number average molecular weight (in amu), 2700 1186094-73-4 2H-Azepin-2-one, 1-ethenylhexahydro-, homopolymer 25189-83-7 1,3 Benzene dicarboxylic acid, 5-sulfo-, 1,3 dimethyl ester, sodium salt, polymer with 1,3 benzene dicarboxylic acid, 1,4-benzene dicarboxylic acid, dimethyl 1,4-benzene dicarboxylate and 1,2-ethanediol, minimum number average molecular weight (in amu), 2,580 212842-88-1 3,5-Bis(6-isocyanatohexyl)-2H-1,3,5-oxadiazine 2,4,6-(3H,5H)-trione, polymer with diethylenetriamine, minimum number average molecular weight (in amu), 1,000,000 87823-33-4 Polymer of one or more diglycidyl ethers of bisphenol A, resorcinol, glycerol, cyclohexanedimethanol, neopentyl glycol, and polyethylene glycol with one or more of the following: Polyoxypropylene diamine, polyoxypropylene triamine, N-aminoethyl piperazine, trimethyl-1,6-hexanediamine isophorone diamine, N,N-dimethyl-1,3 diaminopropane, nadic methyl anhydride, 1,2 cyclohexane-dicarboxylic anhydride and 1,2,3,6-tetrahydrophthalic anhydride, minimum number average molecular weight (in amu), 400,000 None Butadiene-styrene copolymer None Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1134/1218 Butanedioic acid, 2-methylene-, homopolymer, sodium salt, minimum number average molecular weight (in amu), 3936 26099-89-8 Butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2 hydroxyethyl 2-propenoate, minimum number average molecular weight (in amu), 10,000 36089-06-2 Butanedioic acid, 2-methylene-, polymer with 2,5-furandione, sodium and ammonium salts, hydrogen peroxide-initiated, minimum number average molecular weight (in amu), 2,500 3,000 556055-76-6 701908-99-8 Butanedioic acid, 2-methylene-, telomer with sodium phosphinate (1:1), acidi�ed, potassium salt minimum number average molecular weight (in amu), 3800 1663489-14-2 1,4-Butanediol-methylenebis(4 phenylisocyanate)-poly(tetramethylene glycol) copolymer, minimum molecular weight (in amu) 158,000 9018-04-6 Butene, homopolymer 9003-29-6 2-butenedioic acid (2Z)-, monobutyl ester, polymer with methoxyethene, sodium salt, minimum number average molecular weight (in amu), 18,200 205193-99-3 2-Butenedioic acid (Z)-, polymer with ethenol and ethenyl acetate, sodium salt, minimum number average molecular weight (in amu), 75,000 139871-83-3 Butyl acrylate-vinyl acetate-acrylic acid copolymer, minimum number average molecular weight (in amu), 18,000 65405-40-5 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1135/1218 Carbonic acid, diethyl ester, polymer with α hydro-ω-hydroxypoly[oxy(methyl-1,2 ethanediyl)] ether with 2-ethyl-2 (hydroxymethyl)-1,3-propanediol (3:1), ester with α-[[[[5-(carboxyamino)-1,3,3 trimethylcyclohexyl]methyl]amino]carbonyl]-ω methoxypoly(oxy-1,2-ethanediyl), minimum number average molecular weight (in amu), 1,900 1147260-65-8 Castor oil, ethoxylated, dioleate, minimum number average molecular weight (in amu), 1260. 110531-96-9 Castor oil, ethoxylated, oleate, minimum number average molecular weight (in amu), 1,600 220037-02-5 Castor oil, polymer with adipic acid, linoleic acid, oleic acid and ricinoleic acid, minimum number average molecular weight (in amu), 3,500 1357486-09-9 Castor oil, polyoxyethylated; the poly(oxyethylene) content averages 5-54 moles None Cellulose carboxymethyl ether, potassium salt, minimum number average molecular weight 9587 Daltons 54848-04-3 Cellulose, ethyl ether, minimum number average molecular weight (in amu), insert 13,000 Daltons 9004-57-3 Chlorinated polyethylene 64754-90-1 Cross-linked nylon-type polymer formed by the reaction of a mixture of sebacoyl chloride and polymethylene polyphenylisocycanate with a mixture of ethylenediamine and diethylenetriamine None Cross-linked polyurea-type encapsulating polymer None Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1136/1218 D-Glucitol, polymer with decanedioic acid, docosanoate, minimum number average molecular weight (in amu) 1,100 943440-33-3 D-Glucitol, polymer with decanedioic acid, docosanoate, minimum number average molecular weight (in amu) 1,100 1681043-28-6 D-Glucitol, polymer with decanedioic acid, octadecanoate, minimum number average molecular weight (in amu) 1,100 68562-93-6 D-Glucitol, polymer with decanedioic acid and 1,3-propanediol, minimum number average molecular weight (in amu) 1,100 1681043-31-1 D-Glucitol, polymer with decanedioic acid and 1,3-propanediol, octadecanoate, minimum number average molecular weight (in amu) 1,100 1681043-33-3 Dimethylpolysiloxane minimum number average molecular weight (in amu), 6,800 63148-62-9 Dimethyl silicone polymer with silica, minimum number average molecular weight (in amu), 1,100,000 67762-90-7 α-(o,p-Dinonylphenyl)-ω hydroxypoly(oxyethylene) produced by condensation of 1 mole of dinonylphenol (nonyl group is a propylene trimer isomer) with an average of 140-160 moles of ethylene oxide 9014-93-1 Docosyl methacrylate-acrylic acid copolymer, or docosyl methacrylate-octadecyl methacrylate-acrylic acid copolymer, minimum number average molecular weight (in amu), 3,000 None 1,12-Dodecanediol dimethacrylate polymer, minimum molecular weight (in amu), 100,000 None Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1137/1218 α-(p-Dodecylphenyl)-ω hydroxypoly(oxyethylene) produced by the condensation of 1 mole of dodecylphenol (dodecyl group is a propylene tetramer isomer) with an average of 30-70 moles of ethylene oxide 9014-92-0 26401-47-8 1,2-Ethanediamine, N1-(2-aminoethyl)-, polymer with 2,4-diisocyanato-1 methylbenzene, minimum number average molecular weight (in amu), one million 35297-61-1 1, 2-Ethanediamine, polymer with methyl oxirane and oxirane, minimum number average molecular weight (in amu), 1,100 26316-40-5 Ethylene glycol dimethyacrylate-lauryl methacrylate copolymer, minimum molecular weight (in amu), 100,000 None Ethylene glycol dimethacrylate polymer, minimum molecular weight (in amu), 100,000 None Fatty acids, montan-wax, ethoxylated, minimum number average molecular weight (in amu), 1800 68476-04-0 Fatty acids, C -unsatd., dimers, polymers with docosanoic acid and sorbitol, minimum number average molecular weight (in amu) 1,100 1685270-83-0 Fatty acids, C -unsatd., dimers, polymers with docosenoic acid and sorbitol, minimum number average molecular weight (in amu) 1,100 1685271-02-6 Fatty acids, C -unsatd., dimers, polymers with docosenoic acid, 1,3-propanediol and sorbitol, minimum number average molecular weight (in amu) 1,100 1685271-04-8 18 18 18 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1138/1218 Fatty acids, C -unsatd., dimers, polymers with docosanoic acid, 1,3-propanediol and stearic acid, minimum number average molecular weight (in amu) 1,100 1685270-84-1 Fatty acids, C -unsatd., dimers, polymers with 1,3-propanediol, sorbitol and stearic acid 1685271-01-5 Fatty acids, C -unsatd., dimers, polymers with sorbitol and stearic acid, minimum number average molecular weight (in amu) 1,100 1685270-99-8 Fatty acids, C -unsatd., dimers, polymers with ethylenediamine and stearyl alcohol, minimum number average molecular weight (in amu) 1,400 363162-42-9 Fatty acids, C -unsatd., dimers, hydrogenated, polymers with ethylenediamine, neopentyl glycol and stearyl alcohol, minimum number average molecular weight (in amu) 1,400 678991-29-2 Fatty acids, C -unsatd., dimers, hydrogenated, polymers with ethylenediamine and stearyl alcohol, minimum number average molecular weight (in amu) 1,400 951153-32-5 Fatty acids, C -unsatd., dimers, polymers with 1-docosanol and ethylenediamine, minimum number average molecular weight (in amu) 1,400 1699751-19-3 Fatty acids, C -unsatd., dimers, polymers with cetyl alcohol, neopentyl glycol and trimethylenediamine, minimum number average molecular weight (in amu) 1,400 1699751-23-9 Fatty acids, C -unsatd., dimers, polymers with hexamethylenediamine and stearyl alcohol, minimum number average molecular weight (in amu) 1,400 1699751-24-0 18 18 18 18 18 18 18 18 18 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1139/1218 Fatty acids, C -unsatd., dimers, hydrogenated, polymers with cetyl alcohol and ethylenediamine, minimum number average molecular weight (in amu) 1,400 1699751-25-1 Fatty acids, C -unsatd., dimers, hydrogenated, polymers with neopentyl glycol, stearyl alcohol and trimethylenediamine, minimum number average molecular weight (in amu) 1,400 1699751-28-4 Fatty acids, C -unsatd., dimers, polymers with 1-docosanol and trimethylenediamine, minimum number average molecular weight (in amu) 1,400 1699751-29-5 Fatty acids, C -unsatd., dimers, polymers with 1-docosanol, hexamethylenediamine and neopentyl glycol, minimum number average molecular weight (in amu) 1,400 1699751-31-9 Fatty acids, C -unsatd., dimers, polymers with docosanoic acid, 1,3-propanediol and sorbitol, minimum number average molecular weight (in amu) 1,400 1685271-04-8 Fatty acids, rape-oil, triesters with polyethylene glycol ether with glycerol (3:1); minimum number average molecular weight (in amu), 1800 688045-21-8 Fatty acids, tall-oil, ethoxylated propoxylated, minimum number average molecular weight (in amu), 2,009 67784-86-5 Formaldehyde, polymer with α-[bis(1 phenylethyl)phenyl]-ω-hydroxypoly(oxy-1,2 ethanediyl), number average molecular weight (in amu), 1,803 157291-93-5 Formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether, minimum number average molecular weight (in amu) 1,000,000 1998118-32-3 18 18 18 18 18 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1140/1218 Formaldehyde, polymer with 1,3-benzenediol, 2-methyloxirane and oxirane, ethers with polyethylene glycol mono-Me ether, minimum number average molecular weight (in amu) 1,000,000 1998118-31-2 Formaldehyde, polymer with 2-methyloxirane and 4-nonylphenol, minimum number average molecular weight (in amu), 4,000 37523-33-4 Formaldehyde, reaction products with melamine, minimum number average molecular weight (in amu), 10000 94645-56-4 Formaldehyde, reaction products with melamine and methanol, minimum number average molecular weight (in amu), 10000 94645-53-1 Fumaric acid-isophthalic acid-styrene ethylene/propylene glycol copolymer, minimum average molecular weight (in amu), 1 × 10 None 2,5-Furandione, polymer with ethenylbenzene, hydrolyzed, 3-(dimethylamino)propyl imide, imide with polyethylene-polypropylene glycol 2 aminopropyl me ether, 2,2′-(1,2 diazenediyl)bis[2-methylbutanenitrile]-initiated, minimum number average molecular weight (in amu), 5,816 1062609-13-5 2,5-Furandione, polymer with ethenylbenzene, reaction products with polyethylene polypropylene glycol 2-aminopropyl Me ether; minimum number average molecular weight (in amu), 14,000 162568-32-3 2,5-Furandione, polymer with methoxyethene, butyl ethyl ester, sodium salt, minimum number average molecular weight (in amu), 18,200 1471342-08-1 18 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1141/1218 Hexadecyl acrylate-acrylic acid copolymer, hexadecyl acrylate-butyl acrylate-acrylic acid copolymer, or hexadecyl acrylate-dodecyl acrylate-acrylic acid copolymer, minimum number average molecular weight (in amu), 3,000 None Hexamethyl disilizane, reaction product with silica, minimum number average molecular weight (in amu), 645,000 68909-20-6 1,6-Hexanediol dimethyacrylate polymer, minimum molecular weight (in amu), 100,000 None α-Hydro-ω-hydroxy-poly(oxyethylene) C8 alkyl ether citrates, poly(oxyethylene) content is 4 12 moles, minimum number average molecular weight (in amu) 1,300 330977-00-9 α-Hydro-ω-hydroxy-poly(oxyethylene) C10-C16 alkyl ether citrates, poly(oxyethylene) content is 4-12 moles, minimum number average molecular weight (in amu) 1,100 330985-58-5 α-Hydro-ω-hydroxy-poly(oxyethylene) C16-C18 alkyl ether citrates, poly(oxyethylene) content is 4-12 moles, minimum number average molecular weight (in amu) 1,300 330985-61-0 α-Hydro-ω-hydroxypoly(oxyethylene), minimum number average molecular weight (in amu), 17,000 25322-68-3 α-Hydro-ω-hydroxypoly(oxyethylene)poly (oxypropylene) poly(oxyethylene) block copolymer; the minimum poly(oxypropylene) content is 27 moles and the minimum molecular weight (in amu) is 1,900 None α-Hydro-ω-hydroxypoly(oxypropylene); minimum molecular weight (in amu) 2,000 None Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1142/1218 12-Hydroxystearic acid-polyethylene glycol copolymer, minimum number average molecular weight (in amu), 3,690 70142-34-6 Isodecyl alcohol ethoxylated (2-8 moles) polymer with chloromethyl oxirane, minimum number average molecular weight (in amu) 2,500 None Lauryl methacrylate-1,6-hexanediol dimethacrylate copolymer, minimum molecular weight (in amu), 100,000 None Lignosulfonic acid, calcium, comp. with 1,6 hexanediamine polymer with guanidine hydrochloride (1:1), minimum number average molecular weight (in amu); 4,500 daltons 1905409-74-6 Maleic acid-butadiene copolymer None Maleic acid monobutyl ester-vinyl methyl ether copolymer, minimum average molecular weight (in amu), 52,000 25119-68-0 Maleic acid monoethyl ester-vinyl methyl ether copolymer, minimum average molecular weight (in amu), 46,000 25087-06-3 Maleic acid monoisopropyl ester-vinyl methyl ether copolymer, minimum average molecular weight (in amu), 49,000 31307-95-6 Maleic anhydride-diisobutylene copolymer, sodium salt, minimum number average molecular weight (in amu) 5,0007-18,000 37199-81-8 Maleic anhydride-methylstyrene copolymer sodium salt, minimum number average molecular weight (in amu), 15,000 60092-15-1 Maleic anhydride-methyl vinyl ether, copolymer, average molecular weight (in amu), 250,000 None Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1143/1218 Maltodextrin-vinyl pyrrolidinone copolymer, minimum number average molecular weight (in amu), 21,000 1323833-56-2 Methacrylic acid-methyl methacrylate polyethylene glycol methyl ether methacrylate copolymer, minimum number averge molecular weight (in amu), 3,700 100934-04-1 Methacrylic acid-methyl methacrylate polyethylene glycol monomethyl ether methacrylate graft copolymer, minimum number average molecular weight (in amu), 1,800 111740-36-4 Methacrylic copolymer, minimum number average molecular weight (in amu), 15,000 63150-03-8 Methyl methacrylate-methacrylic acid monomethoxypolyethylene glycol methacrylate copolymer,) minimum number average molecular weight (in amu), 2,730 119724-54-8 Methyl methacrylate-2-sulfoethyl methacrylate dimethylaminoethylmethacrylate-glycidyl methacrylate-styrene-2-ethylhexyl acrylate graft copolymer, minimum average molecular weight (in amu), 9,600 None 2-methyl-2-[(1-oxo-2-propenyl)amino]-1 propanesulfonic acid monosodium salt polymer with 2-propenoic acid, 2-methyl-, C12 16 alkyl esters, minimum number average molecular weight (in amu), 10,000 2115702-24-2 Methyl vinyl ether-maleic acid copolymer), minimum number average molecular weight (in amu), 75,000 25153-40-6 Methyl vinyl ether-maleic acid copolymer, calcium sodium salt, minimum number average molecular weight (in amu), 900,000 62386-95-2 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1144/1218 Monophosphate ester of the block copolymer α-hydro-ω-hydroxypoly(oxyethylene) poly(oxypropylene) poly(oxyethylene); the poly(oxypropylene) content averages 37-41 moles, average molecular weight (in amu), 8,000 None α-(p-Nonylphenyl)-ω-hydroxypoly(oxyethylene) mixture of dihydrogen phosphate and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts of the phosphate esters; the nonyl group is a propylene trimer isomer and the poly(oxyethylene) content averages 30 moles None α-(p-Nonylphenyl)-ω-hydroxypoly(oxyethylene) sulfate, and its ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts; the nonyl group is a propylene trimer isomer and the poly(oxyethylene) content averages 30-90 moles of ethylene oxide None α-(p-Nonylphenyl-ω-hydroxypoly(oxypropylene) block polymer with poly(oxyethylene); polyoxypropylene content of 10-60 moles; polyoxyethylene content of 10-80 moles; molecular weight (in amu), 1,200-7,100. None α-(ρ-Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene); poly oxyethylene content 30 to 90 moles; minimum number average molecular weight (in amu), 1,889 37251-69-7 Octadecanoic acid, 12-hydroxy-, homopolymer, ester with α, α', α”-1,2,3-propanetriyltris[ω hydroxypoly(oxy-1,2-ethanediyl)], minimum number average molecular weight (in amu), 5,000 1939051-18-9 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1145/1218 Octadecanoic acid, 12-Hydroxy-, Homopolymer Ester with 2-Methylloxirane Polymer with Oxirane monobutyl Ether, minimum number average molecular weight (in amu), 4,500 1373125-59-7 Octadecanoic acid, 12-hydroxy-, homopolymer, octadecanoate minimum number average molecular weight (in amu), 1,370 58128-22-6) α-cis-9-Octadecenyl-ω hydroxypoly(oxyethylene); the octadecenyl group is derived from oleyl alcohol and the poly(oxyethylene) content averages 20 moles None Octadecyl acrylate-acrylic acid copolymer, octadecyl acrylate-dodecyl acrylate-acrylic acid copolymer, octadecyl methacrylate-butyl acrylate-acrylic acid copolymer, octadecyl methacrylate-hexyl acrylate-acrylic acid copolymer, octadecyl methacrylate-dodecyl acrylate-acrylic acid copolymer, or octadecyl methacrylate-dodecyl methacrylate-acrylic acid copolymer, minimum number average molecular weight (in amu) 3,000 None Oleic acid diester of α-hydro-ω hydroxypoly(oxyethylene); the poly(oxyethylene), average molecular weight (in amu), 2,300 None 2-oxepanone, homopolymer, minimum number average molecular weight (in amu) 52,000 24980-41-4 Oxirane, decyl-, reaction products with polyethylene-polypropylene glycol ether with trimethylolpropane (3:1) 903890-89-1 Oxirane, hexadecyl-, reaction products with polyethylene-polypropylene glycol ether with trimethylolpropane (3:1) 893427-80-0 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1146/1218 Oxirane, 2-methyl-, polymer with oxirane, dimethyl ether, minimum number average molecular weight (in amu), 2,800 61419-46-3 Oxirane, methyl-, polymer with oxirane, ether with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol (3:1), reaction products with tetradecyloxirane 903890-90-4 Oxirane, methyl-, polymer with oxirane, mono[2 (2-butoxyethoxy) ethyl] ether, minimum number average molecular weight (in amu), 2,500 85637-75-8 Oxirane, methyl-, polymer with Oxirane, Monobutyl Ether 9038-95-3 Oxirane, 2-methyl-, polymer with oxirane, mono[2-[2-(2-methoxymethylethoxy) methylethoxy]methylether] ether, minimum number average molecular weight (in amu), 1400 daltons CAS Reg. No. 2112825-11 1. Oxirane, 2-methyl-, polymer with oxirane, minimum number average molecular weight (in amu), 1,100 9003-11-6 Oxirane, 2-methyl-, polymer with oxirane, mono [2-[2-(2 butoxymethylethoxy)methylethoxy]methylethyl] ether, minimum number average molecular weight (in amu), 3,000 926031-36-9 Oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate, ammonium salt; average molecular weight (in amu), 1800 57608-14-7 Oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate, potassium salt; average molecular weight (in amu), 2100 1838191-48-2 Oxirane, 2-methyl-, polymer with oxirane, mono (9Z)-9-octadecanoate, methyl ether, minimum number average molecular weight (in amu), 1,200 72283-36-4 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1147/1218 Oxirane, phenyl, polymer with oxirane, monooctyl ether, minimum average molecular weight (in amu) 1,200 83653-00-3 Polyamide polymer derived from sebacic acid, vegetable oil acids with or without dimerization, terephthalic acid and/or ethylenediamine None Polyethylene glycol-polyisobutenyl anhydride tall oil fatty acid copolymer, minimum number average molecular weight (in amu), 2,960 68650-28-2 Polyethylene, oxidized, minimum number average molecular weight (in amu), 1,200 None Polyglycerol polyricinoleate; minimum number average molecular weight (in amu), 2,500 29894-35-7 Polymers produced by the reaction of either 1,6-hexanediisocyanate; 2,4,4-trimethyl-1,6 hexanediisocyanate; 5-isocyanato-1 (isocyanatomethyl)-fxsp0;1,3,3 trimethyIcyclohexane (isophoronediisocyanate); 4,4′-methylene-bis 1,1′-cyclohexanediisocyanate; 4,4′-methylene bis-1,1′ benzyldiisocyanate; or 1,3-bis-(2 isocyanatopropan-2-yl)benzene with polyethylene glycol and end-capped with one or a mixture of more than one of octanol, decanol, dodecanol, tetradecanol, hexadecanol, octadecanol, and octadec-9-enol or polyethyleneglycol ethers of octanol, decanol, dodecanol, tetradecanol, hexadecanol, octadecanol, and octadec-9-enol, minimum number average molecular weight (in amu), 20,000 1161844-26-3, 1161844 30-9, 1161844-43-4, 1161844-51-4, 1161844 53-6, 693252-31-2, 162993 60-4, 630102-86-2 Polymethylene polyphenylisocyanate, polymer with ethylene diamine, diethylene triamine and sebacoyl chloride, cross-linked; minimum number average molecular weight (in amu), 100,000 None Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1148/1218 Polyoxyalkylated glycerol fatty acid esters; the mono-, di-, or triglyceride mixtures of C through C , primarily C through C saturated and unsaturated, fatty acids containing up to 15% water by weight reacted with a minimum of three moles of either ethylene oxide or propylene oxide; the resulting polyoxyalkylated glycerol ester polymer minimum number average molecular weight (in amu), 1,500 61791-23-9, 68201-46-7, 68440-49-3, 68458-88-8, 68606-12-2, 68648-38-4, 70377-91-2, 70914-02-2, 72245-12-6, 72698-41-3, 180254-52-8, 248273-72-5, 308063-50-5, 952722-33-7 Polyoxyalkylated sorbitan fatty acid esters with C6 through C22 aliphatic alkanoic and/or alkenoic fatty acids, branched or linear, the resulting polyoxyalkylene sorbitan esters minimum number average molecular weight (in amu), 1,300 81776-11-6, 87090-31-1, 88895-72-1, 103171-31-9, 161026-53-5, 1472644-80 6, 1472644-81-7, 1472644 84-0, 1472644-85-1, 1472644-87-3, 1472644 88-4, 1472654-83-3, 1472655-32-5, 1472661 05-4, 1472661-17-8, 1472663-59-4, 1472663 64-1, 1472663-66-3, 1472663-92-5, 1472668 03-3 8 22 8 18 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1149/1218 Polyoxyalkylated trimethylopropanes with 20 to 80 moles of ethylene and/or propylene oxide, fatty acid esters with C8 through C22 aliphatic alkanoic and/or alkenoic fatty acids, branched or linear; minimum number average molecular weight (in amu), 3,000 25765-36-0; 29860-47-7; 37339-03-0; 52624-57-4; 58090-24-7; 63964-38-5; 72939-62-9; 74521-14-5; 75300-70-8; 75300-90-2; 84271-03-4; 84271-04-5; 86850-92-2; 107120-02-5; 133331-01-8; 137587-60-1; 149797-40-0; 149797-41-1; 150695-97-9; 152130-24-0; 163349-94-8; 163349-95-9; 163349-96-0; 163349-97-1; 163349-98-2; 165467-70-9; 183619-46-7; 183619-50-3; 185260-01-9; 202606-04-0; 210420-84-1; 233660-70-3; 263011-96-7; 283602-94-8; 701980-40-7; 872038-58-9; 875709-44-7; 875709-45-8; 875709-46-9; 875709-47-0; 879898-63-2; 910038-01-6; 1190748-04-9; 1225384 02-0; 1428944-41-5; 1446498-15-2. Poly(oxy-1,2-ethanediyl), α-hydro-ω-hydroxy-, polymer with 1, 1′-methylene-bis-[4 isocyanatocyclohexane], minimum number average molecular weight (in amu), 1800 39444-87-6 Polyoxyethylated primary amine (C -C ); the fatty amine is derived from an animal source and contains 3% water; the poly(oxyethylene) content averages 20 moles None Polyoxyethylated sorbitol fatty acid esters; the polyoxyethylated sorbitol solution containing 15% water is reacted with fatty acids limited to C , C , C , and C , containing minor amounts of associated fatty acids; the poly(oxyethylene) content averages 30 moles. None 14 18 12 14 16 18 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1150/1218 Polyoxyethylated sorbitol fatty acid esters; the sorbitol solution containing up to 15% water is reacted with 20-50 moles of ethylene oxide and aliphatic alkanoic and/or alkenoic fatty acids C through C with minor amounts of associated fatty acids; the resulting polyoxyethylene sorbitol ester having a minimum molecular weight (in amu), 1,300 None Poly(oxyethylene/oxypropylene) monoalkyl (C -C ) ether sodium fumarate adduct, minimum number average molecular weight (in amu), 1,900 102900-02-7 Poly[oxy(methyl-1,2-ethanediyl)], α-[(9Z)-1-oxo 9-octadecen-1-yl]-ω-[[(9Z)-1-oxo-9-octadecen 1yl]oxy]-, minimum number average molecular weight (in amu) 2,300 26571-49-3 Polyoxymethylene copolymer, minimum number average molecular weight (in amu), 15,000 None Poly(oxypropylene) block polymer with poly(oxyethylene), molecular weight (in amu), 1,800-16,000 None Poly(phenylhexylurea), cross-linked, minimum average molecular weight (in amu), 36,000 None Polypropylene 9003-07-0 Polystyrene, minimum number average molecular weight (in amu), 50,000 9003-53-6 Polytetra�uoroethylene 9002-84-0 Polyvinyl acetate, copolymer with maleic anhydride, partially hydrolyzed, sodium salt, minimum number average molecular weight (in amu), 53,000 None Polyvinyl acetate, minimum molecular weight (in amu), 2,000 None 8 22 6 10 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1151/1218 Polyvinyl acetate - polyvinyl alcohol copolymer, minimum number average molecular weight (in amu), 50,000 25213-24-5 Polyvinyl acetate - polyvinyl alcohol copolymer, minimum number average molecular weight (in amu), 14,000 25213-24-5 Polyvinyl alcohol 9002-89-5 Polyvinyl chloride None Polyvinyl chloride, minimum number average molecular weight (in amu), 29,000 9002-86-2 Polyvinylpyrrolidone butylated polymer, minimum number average molecular weight (in amu), 9,500 26160-96-3 Poly(vinylpyrrolidone), minimum number average molecular weight (in amu), 4,000 9003-39-8 Poly(vinylpyrrolidone-1-eicosene), minimum average molecular weight (in amu), 3,000 28211-18-9 Poly(vinylpyrrolidone-1-hexadecene), minimum average molecular weight (in amu), 4,700 63231-81-2 Propanesulfonic acid, 2-methyl-2-[(1-oxo-2 propen-1-y1)amino]-, homopolymer, sodium salt, minimum number average molecular weight (in amu) 14,000 55141-01-0 1-propanesulfonic acid, 2-methyl-2-[(1-oxo-2 propenyl)amino]-, monosodium salt, polymer with ethenol and ethenyl acetate, minimum number average molecular weight (in amu) 50,000 107568-12-7 1-Propanesulfonic acid, 2-methyl-2-[(1-oxo-2 propen-1-y1)amino]-, sodium salt (1:1), homopolymer, minimum number average molecular weight (in amu) 14,000 35641-59-9 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1152/1218 2-Propene-1-sulfonic acid sodium salt, polymer with ethenol and ethenyl acetate, number average molecular weight (in amu) 6,000 12,000 None 2-Propenoic acid, butyl ester, polymer with 1,6 diisocyanatohexane, N-(hydroxymethyl)-2 methyl-2-propenamide and 2-propenenitrile, minimum number average molecular weight (in amu), 100,000 1469998-09-1 2-Propenoic acid, butyl ester, polymer with ethenyl acetate and sodium ethenesulfonate, minimum number average molecular weight (in amu), 20,500 66573-43-1 2-propenoic acid, butyl ester, polymer with ethenylbenzene, methyl 2-methyl-2-propenoate and 2-propenoic acid (in amu), 1900. 27306-39-4 2-Propenoic acid, butyl ester, polymer with ethyl 2-propenoate and N-(hydroxymethyl)-2 propenamide, minimum number average molecular weight (in amu), 30,000 33438-19-6 2-Propenoic acid, 2-ethylhexyl ester, polymer with ethenylbenzene 14,000 daltons 25153-46-2 2-Propenoic acid, 2-ethylhexyl ester, polymer with ethenylbenzene and 2-methylpropyl 2 methyl-2-propenoate, minimum number average molecular weight (in amu), 18,000 68240-06-2 2-Propenoic acid, homopolymer, ester with α methyl-ω-hydroxypoly(oxy-1,2-ethanediyl) and α-[2,4,6-tris(1-phenylethyl)phenyl]-ω hydroxypoly(oxy-1,2-ethanediyl), graft, sodium salt, minimum number average molecular weight (in amu), 4,000 2221936-17-8 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1153/1218 2-propenoic acid, homopolymer, ester with α [2,4,6-tris(1-phenylethyl)phenyl]-ω hydroxypoly(oxy-1,2-ethanediyl), compd. with 2,2′,2″-nitrilotris[ethanol]), minimum number average molecular weight (in amu), 10,000 1477613-46-9 2-Propenoic acid, 2-hydroxyethyl ester, polymer with α-[4-(ethenyloxy)butyl]-ω-hydroxypoly (oxy-1,2-ethanediyl), minimum number average molecular weight (in amu), 17,000 1007234-89-0 [2-propenoic acid, 2-methyl-, C12-16-alkyl esters, telomers with 1-dodecanethiol, polyethylene-polypropylene glycol ether with propylene glycol monomethacrylate (1:1), and styrene 2,2'-(1,2-diazenediyl)bis[2 methylbutanenitrile]-initiated, minimum number average molecular weight (in amu), 4,000 950207-35-9 2-propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a (2-methyl-1-oxo-2-propen-1-yl)-w methoxypoly(oxy-1,2-ethanediyl), minimum number average molecular weight (in amu), 20,600 193743-10-1 2-Propenoic acid, methyl ester, polymer with ethene and 2,5-furandione, minimum number average molecular weight (in amu), 10,500 88450-35-5 2-Propenoic acid, methyl ester, polymer with ethenyl acetate, hydrolyzed, sodium salts 886993-11-9 2-Propenoic acid, 2-methyl-, 2-ethylhexyl ester, telomer with 1-dodecanethiol, ethenylbenzene and 2-methyloxirane polymer with oxirane monoether with 1,2-propanediol mono(2 methyl-2-propenoate), hydrogen 2 sulfobutanedioate, sodium salt, 2, 2′-(1,2 diazenediyl)bis[2-methylpropanenitrile] initiated, minimum number average molecular weight (in amu), 1,200 1283712-50-4 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1154/1218 2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, homopolymer, minimum number average molecular weight (in amu), 55,000 9011-15-8 2-Propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-propenoate, minimum number average molecular weight (in amu), 3,600 58499-26-6 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1), minimum number average molecular weight (in amu), 20,000 518057-54-0 2-Propenoic acid, 2-methyl-, phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated, compounds with diethanolamine, minimum number average molecular weight (in amu), 2,000 1574486-33-1 2-Propenoic acid, 2-methyl-, phenylmethyl ester, polymer with 2-propenoic acid and sodium 2-methyl-2-[(1-oxo-2-propen-1 yl)amino]-1-propanesulfonate (1:1), peroxydisulfuric acid ([HO)S(O)2]202) sodium salt (1:2)-initiated minimum number average molecular weight >1,000 Daltons; maximum number average molecular weight 10,000 Daltons CASRN 1246766-57-3 2-Propenoic acid, 2-methyl-, polymer with butyl 2-methyl-2-propenoate, butyl 2-propenoate, N (1,1-dimethyl-3-oxobutyl)-2-propenamide, ethenylbenzene, 2-ethylhexyl 2-propenoate and methyl 2-methyl-2-propenoate, minimum number average molecular weight (in amu), 7,300 481053-27-4 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1155/1218 2-Propenoic acid, 2-methyl-, polymer with butyl 2-propenoate and ethenylbenzene, minimum number average molecular weight (in amu), 17,000 25036-16-2 2-Propenoic acid, 2-Methyl-, Polymer with Butyl 2-Propenoate, Methyl 2-Methyl-2-Propenoate, Methyl 2-Propenoate and 2-Propenoic Acid, graft, Compound with 2-Amino-2-Methyl-1 Propanol 153163-36-1 2-Propenoic Acid, 2-Methyl-, Polymer with Ethenylbenzene, 2-Ethylhexyl 2-Propenoate, 2 Hydroxyethyl 2-Propenoate, N-(Hydroxymethyl) 2-Methyl-2-Propenamide and Methyl 2-Methyl 2-Propenoate, Ammonium Salt 146753-99-3 2-Propenoic acid, 2-methyl-, polymers with Bu acrylate, Et acrylate, Me methacrylate and polyethylene glycol methacrylate C -alkyl ethers, minimum number average molecular weight (in amu), 13,000 890051-63-5 2-propenoic acid, 2-methyl-, polymer with 2,5 furandione and 2,4,4-trimethyl-1-pentene, potassium salt, with a minimum number average molecular weight (in amu) of 6,000 1802325-28-5 2-propenoic acid, 2-methyl-, polymers with tert Bu acrylate, Me methacrylate, polyethylene glycol methacrylate C -C -alkyl ethers and vinylpyrrolidone, tert-Bu 2 ethylhexaneperoxoate-initiated, compounds with 2-amino-2-methyl-1-propanol, minimum number average molecular weight (in amu), 2,600 1515872-09-9 2-Propenoic acid, 2-methyl-, telomer with 2 ethylhexyl 2-propenoate, 2-propanol and sodium 2-methyl-2-[(1-oxo-2-propen-1-yl) amino]-1-propanesulfonate (1:1), sodium salt, minimum number average molecular weight (in amu): 2,900 1260001-65-7 16-18 16 18 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1156/1218 2-Propenoic acid, monoester with 1,2 propanediol, polymer with α-[4-(ethenyloxy) butyl]-ω-hydroxypoly (oxy-1,2-ethanediyl) and 2,5-furandione, minimum number average molecular weight (in amu), 25,000 955015-23-3 2-propenoic acid polymer, with 1,3-butadiene and ethenylbenzene, minimum number average molecular weight (in amu), 9400 25085-39-6 2-Propenoic acid, polymer with butyl 2 propenoate, ethenylbenzene and (1 methylethenyl) benzene, ammonium salt, minimum number average molecular weight (in amu), 2,300 360564-31-4 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate, minimum number average molecular weight (50,149 Daltons) 85075-52-1 2-Propenoic acid, polymer with ethenylbenzene and (1-methylethenyl)benzene, minimum number average molecular weight (in amu), 2,000 52831 04-6 2-Propenoic acid, polymer with ethenylbenzene and (1-methylethenyl) benzene, sodium salt, minimum number average molecular weight (in amu), 2,800 129811-24-1 2-Propenoic acid, polymer with α-[4 (ethenyloxy) butyl]-ω-hydroxypoly (oxy-1,2 ethanediyl) and 2,5-furandione, sodium salt, minimum number average molecular weight (in amu), 25,000 251479-97-7 2-Propenoic acid, polymer with α-[4 (ethenyloxy) butyl]-ω-hydroxypoly (oxy-1,2 ethanediyl) and 1,2-propanediol mono-2 propenoate, potassium sodium salt, minimum number average molecular weight (in amu), 16,000 518026-64-7 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1157/1218 2-Propenoic acid, polymer with α-[4 (ethenyloxy) butyl]-ω-hydroxypoly (oxy-1, 2 ethanediyl), sodium salt, minimum number average molecular weight (in amu), 24,000 250591-84-5 2-Propenoic acid, polymer with 2-propenamide, sodium salt, minimum number average molecular weight (in amu), 18,000 25085-02-3 2-Propenoic acid, sodium salt, polymer with 2 propenamide, minimum number average molecular weight (in amu), 18,000 25987-30-8 2-Propenoic, 2-methyl-, polymers with ethyl acrylate and polyethylene glycol methylacrylate C alkyl ethers 888969-14-0 2-Pyrrolidone, 1-ethenyl-, polymer with ethenol, minimum number average molecular weight (in amu), 23,000 26008-54-8 Silane, dichloromethyl- reaction product with silica minimum number average molecular weight (in amu), 3,340,000 68611-44-9 Silane, trimethoxy[3-(oxiranylmethoxy)propyl]-, hydrolysis products with silica, minimum number average molecular weight (in amu), 640,000 68584-82-7 Silicic acid, sodium salt, reaction products with chlorotrimethylsilane and iso-propyl alcohol, reaction with poly(oxypropylene) poly(oxyethylene) glycol, minimum number average molecular weight (in amu), 75,000 None Sodium poly�avinoidsulfonate, consisting chie�y of the copolymer of catechin and leucocyanidin None Soybean oil, ethoxylated; the poly(oxyethylene) content averages 10 moles or greater 61791-23-9 18-22 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1158/1218 Starch, oxidized, polymers with Bu acrylate, tert-Bu acrylate and styrene, minimum number average molecular weight (in amu), 10,000 204142-80-3 Stearyl methacrylate-1,6-hexanediol dimethacrylate copolymer, minimum molecular weight (in amu), 100,000 None Styrene, copolymers with acrylic acid and/or methacrylic acid, with none and/or one or more of the following monomers: Acrylamidopropyl methyl sulfonic acid, methallyl sulfonic acid, 3-sulfopropyl acrylate, 3-sulfopropyl methacrylate, hydroxypropyl methacrylate, hydroxypropyl acrylate, hydroxyethyl methacrylate, hydroxyethyl acrylate, and/or lauryl methacrylate; and its sodium, potassium, ammonium, monoethanolamine, and triethanolamine salts; the resulting polymer having a minimum number average molecular weight (in amu), 1200 None Styrene-ethylene-propylene block copolymer, minimum number average molecular weight (in amu), 125,000 108388-87-0 Styrene, 2-ethylhexyl acrylate, butyl acrylate copolymer, minimum number average molecular weight (in amu), 4,200 30795-23-4 Styrene-2-ethylhexyl acrylate-glycidyl methacrylate-2-acrylamido-2 methylpropanesulfonic acid graft copolymer, minimum number average molecular weight (in amu), 12,500 None Styrene-maleic anhydride copolymer None Styrene-maleic anhydride copolymer, ester derivative None Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1159/1218 Tall oil, polymer with polyethylene glycol and succinic anhydride monopolyisobutylene derivs., minimum number average molecular weight (in amu), 1,200 1398573-80-2 Tamarind seed gum, 2-hydroxypropyl ether polymer, minimum number average molecular weight (in amu), 10,000 68551-04-2 Tetradecyl acrylate-acrylic acid copolymer, minimum number average molecular weight (in amu), 3,000 None Tetraethoxysilane, polymer with hexamethyldisiloxane, minimum number average molecular weight (in amu), 2,500 104133-09-7 Tetraethoxysilane, polymer with hexamethyldisiloxane, minimum number average molecular weight (in amu), 6,500 104133-09-7 α-[p-(1,1,3,3-Tetramethylbutyl)phenyl]-ω hydroxypoly(oxyethylene) produced by the condensation of 1 mole of p-(1,1,3,3 tetramethylbutyl)phenol with a range of 30-70 moles of ethylene oxide 9036-19-5 9002-93-1 α-[p-(1,1,3,3-Tetramethylbutyl)phenyl] poly(oxypropylene) block polymer with poly(oxyethylene); the poly(oxypropylene) content averages 25 moles, the poly(oxyethylene) content averages 40 moles, the molecular weight (in amu) averages 3,400 None 1,3,5-triazine-2,4,6-triamine, polymer with formaldehyde, methylated, minimum number average molecular weight (in amu), 10000 68002-20-0 1,3,5-triazine-2,4,6-triamine, polymer with formaldehyde, minimum number average molecular weight (in amu), 10000 9003-08-1 Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1160/1218 α-[2,4,6-Tris[1-(phenyl)ethyl]phenyl]-ω-hydroxy poly(oxyethylene) poly(oxypropylene) copolymer, the poly(oxypropylene) content averages 2-8 moles, the poly(oxyethylene) content averages 16-30moles, average molecular weight (in amu), 1,500 None Alpha-[2,4,6-Tris[1-(phenyl)ethyl]phenyl] Omega-hydroxy poly(oxyethylene) poly(oxypropylene) copolymer, the poly(oxypropylene) content averages 2-8 moles, the poly(oxyethylene) content averages 16-60 moles. Minimum number-average molecular weight (in amu) of 1,500 70880-56-7 Urea-formaldehyde copolymer, minimum average molecular weight (in amu), 30,000 9011-05-6 Vinyl acetate-allyl acetate-monomethyl maleate copolymer, minimum average molecular weight (in amu), 20,000 None Vinyl acetate-ethylene copolymer, minimum number average molecular weight (in amu), 69,000 24937-78-8 Vinyl acetate polymer with none and/or one or more of the following monomers: Ethylene, propylene, N-methyl acrylamide, acrylamide, monoethyl maleate, diethyl maleate, monooctyl maleate, dioctyl maleate, maleic anhydride, maleic acid, octyl acrylate, butyl acrylate, ethyl acrylate, methyl acrylate, acrylic acid, octyl methacrylate, butyl methacrylate, ethyl methacrylate, methyl methacrylate, methacrylic acid, carboxyethyl acrylate, and diallyl phthalate; and their corresponding sodium, potassium, ammonium, isopropylamine, triethylamine, monoethanolamine and/or triethanolamine salts; the resulting polymer having a minimum number average molecular weight (in amu), 1,200 None Polymer CAS No. 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1161/1218 Vinyl acetate-vinyl alcohol-alkyl lactone copolymer, minimum number average molecular weight (in amu), 40,000; minimum viscosity of 18 centipoise None Vinyl alcohol-disodium itaconate copolymer, minimum average molecular weight (in amu), 50,290 None Vinyl alcohol-vinyl acetate copolymer, benzaldehyde-o-sodium sulfonate condensate, minimum number average molecular weight (in amu), 20,000 None Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-maleic acid, disodium salt-ฮณ-butyrolactone acetic acid, sodium salt copolymer, minimum number average molecular weight (in amu), 20,000 None Vinyl chloride-vinyl acetate copolymers None Vinyl pyrrolidone-acrylic acid copolymer, minimum number average molecular weight (in amu), 6,000 28062-44-4 Vinyl pyrrolidone dimethylaminoethylmethacrylate copolymer, minimum number average molecular weight (in amu), 20,000 30581-59-0 Vinyl pyrrolidone-styrene copolymer 25086-29-7 [67 FR 36528, May 24, 2002] ยง 180.1011 Viable spores of the microorganism Bacillus thuringiensis Berliner; exemption from the requirement of a tolerance. Polymer CAS No. For FEDERAL REGISTER citations affecting ยง 180.960, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. EDITORIAL NOTE https://www.federalregister.gov/citation/67-FR-36528 https://www.ecfr.gov/current/title-40/section-180.960 http://www.govinfo.gov/ 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1162/1218 [36 FR 22540, Nov. 25, 1971, as amended at 38 FR 19045, July 17, 1973; 42 FR 28540, June 3, 1977; 45 FR 43721, June 30, 1980; 45 FR 56347, Aug. 25, 1980; 74 FR 26533, June 3, 2009] § 180.1016 Ethylene; exemption from the requirement of a tolerance. Ethylene is exempted from the requirement of a tolerance for residues when: [39 FR 33315, Sept. 17, 1974, as amended at 40 FR 19477, May 5, 1975; 64 FR 31505, June 11, 1999] § 180.1017 Diatomaceous earth; exemption from the requirement of a tolerance. (a) For the purposes of this section the microbial insecticide for which exemption from the requirement of a tolerance is being established shall have the following speci�cations: (1) The microorganism shall be an authentic strain of Bacillus thuringiensis Berliner conforming to the morphological and biochemical characteristics of Bacillus thuringiensis as described in Bergey's Manual of Determinative Bacteriology, Eighth Edition. (2) Spore preparations of Bacillus thuringiensis Berliner shall be produced by pure culture fermentation procedures with adequate control measures during production to detect any changes from the characteristics of the parent strain or contamination by other microorganisms. (3) Each lot of spore preparation, prior to the addition of other materials, shall be tested by subcutaneous injection of at least 1 million spores into each of �ve laboratory test mice weighing 17 grams to 23 grams. Such test shall show no evidence of infection or injury in the test animals when observed for 7 days following injection. (4) Spore preparations shall be free of the Bacillus thuringiensis β-exotoxin when tested with the �y larvae toxicity test (“Microbial Control of Insects and Mites,” R.P.M. Bond et al., p. 280 ff., 1971). This speci�cation can be satis�ed either by determining that each master seed lot brought into production is a Bacillus thuringiensis strain which does not produce β-exotoxin under standard manufacturing conditions or by periodically determining that β-exotoxin synthesized during spore production is eliminated by the subsequent spore-harvesting procedure. (b) Exemption from the requirement of a tolerance is established for residues of the microbial insecticide Bacillus thuringiensis Berliner, as speci�ed in paragraph (a) of this section, in or on honey and honeycomb and all other raw agricultural commodities when it is applied either to growing crops, or when it is applied after harvest in accordance with good agricultural practices. (a) For all food commodities, it is used as a plant regulator on plants, seeds, or cuttings and on all food commodities after harvest and when applied in accordance with good agricultural practices. (b) Injected into the soil to cause premature germination of witchweed in bean (lima and string), cabbage, cantaloupe, collard, corn, cotton, cucumber, eggplant, okra, onion, pasture grass, pea (�eld and sweet), peanut, pepper, potato, sweet potato, sorghum, soybean, squash, tomato, turnip, and watermelon �elds as part of the U.S. Department of Agriculture witchweed control program. https://www.federalregister.gov/citation/36-FR-22540 https://www.federalregister.gov/citation/38-FR-19045 https://www.federalregister.gov/citation/42-FR-28540 https://www.federalregister.gov/citation/45-FR-43721 https://www.federalregister.gov/citation/45-FR-56347 https://www.federalregister.gov/citation/74-FR-26533 https://www.federalregister.gov/citation/39-FR-33315 https://www.federalregister.gov/citation/40-FR-19477 https://www.federalregister.gov/citation/64-FR-31505 https://www.ecfr.gov/current/title-40/section-180.1011#p-180.1011(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1163/1218 [65 FR 33716, May 24, 2000] § 180.1019 Sulfuric acid; exemption from the requirement of a tolerance. [69 FR 40787, July 7, 2004, as amended at 74 FR 26533, June 3, 2009; 85 FR 67293, Oct. 22, 2020] § 180.1020 Sodium chlorate; exemption from the requirement of a tolerance. Sodium chlorate is exempted from the requirement of a tolerance for residues when used as a defoliant or desiccant in accordance with good agricultural practice on the following crops: Bean, dry, seed Corn, �eld, forage Corn, �eld, grain Corn, �eld, stover Corn, pop, grain Corn, pop, stover Corn, sweet, forage (a) Diatomaceous earth is exempted from the requirement of a tolerance for residues when used in accordance with good agricultural practice in pesticide formulations applied to growing crops, to food commodities after harvest, and to animals. (b) Diatomaceous earth may be safely used in accordance with the following conditions. Application shall be limited solely to spot and/or crack and crevice treatments in food or feed processing and food or feed storage areas in accordane with the precribed conditions: (1) It is used or intended for use for control of insects in food or feed processing and food or feed storage areas: Provided, That the food or feed is removed or covered prior to such use. (2) To assure safe use of the insecticide, its label and labeling shall conform to that registered by the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling. (a) Residues of sulfuric acid are exempted from the requirement of a tolerance when used in accordance with good agricultural practice when used as a herbicide in the production of garlic and onions, and as a vine desiccant in the production of potatoes and hops. (b) Residues of sulfuric acid are exempted from the requirement of a tolerance in cattle, meat; goat, meat; hog, meat; horse, meat; sheep, meat; poultry, fat; poultry, meat; poultry, meat, byproducts; egg; milk; �sh, shell�sh, and irrigated crops when it results from the use of sulfuric acid as an inert ingredient in a pesticide product used in irrigation conveyance systems and lakes, ponds, reservoirs, or bodies of water in which �sh or shell�sh are cultivated. The sulfuric acid is not to exceed 10% of the pesticide formulation (non aerosol formulations only). https://www.federalregister.gov/citation/65-FR-33716 https://www.federalregister.gov/citation/69-FR-40787 https://www.federalregister.gov/citation/74-FR-26533 https://www.federalregister.gov/citation/85-FR-67293 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1164/1218 Corn, sweet, stover Cotton, undelinted seed Flax, seed Grain, aspirated fractions Guar, seed Pea, southern Pepper, nonbell Potato Rice, grain Rice, straw Sa�ower, seed Sorghum, forage, forage Sorghum, grain, forage Sorghum, grain, grain Sorghum, grain, stover Soybean, forage Soybean, hay Soybean, seed Sun�ower, seed Wheat, grain [74 FR 47457, Sept. 16, 2009] § 180.1021 Copper; exemption from the requirement of a tolerance. (a) Copper is exempted from the requirement of a tolerance in cattle, meat; goat, meat; hog, meat; horse, meat; sheep, meat; milk, poultry, fat; poultry, meat; poultry, meat byproducts; egg, �sh, shell�sh, and irrigated crops when it results from the use of: (1) Copper sulfate as an algicide or herbicide in irrigation conveyance systems and lakes, ponds, reservoirs, or bodies of water in which �sh or shell�sh are cultivated. https://www.federalregister.gov/citation/74-FR-47457 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1165/1218 Basic copper carbonate (malachite) 1184-64-1 Copper ammonia complex 16828-95-8 Copper ethylenediamine complex 13426-91-0 Copper hydroxide 20427-59-2 Copper octanoate 20543-04-8 Copper oxychloride 1332-65-6 Copper oxychloride sulfate 8012-69-9 Copper salts of fatty and rosin acids 9007-39-0 Copper sulfate basic 1344-73-6 Copper sulfate pentahydrate 7758-99-8 Cuprous oxide 1317-19-1 [65 FR 68912, Nov. 15, 2000, as amended at 69 FR 4069, Jan. 28, 2004; 71 FR 46110, Aug. 11, 2006; 74 FR 26534, June 3, 2009; 74 FR 47457, Sept. 16, 2009; 80 FR 37551, July 1, 2015] (2) Basic copper carbonate (malachite) as an algicide or herbicide in impounded and stagnant bodies of water (3) Copper triethanolamine and copper monoethanolamine as an algicide or herbicide in �sh hatcheries, lakes, ponds, and reservoirs (4) Cuprous oxide bearing antifouling coatings for control of algae or other coatings for control of algae or other organisms on submerged concrete or other (irrigation) structures. (5) Copper oxide embedded in polymer emitter heads used in irrigation systems for root incursion prevention. (b) The following copper compounds are exempt from the requirement of a tolerance when applied (primarily) as a fungicide to growing crops using good agricultural practices: (c) Copper sulfate pentahydrate (CAS Reg. No. 7758-99-8) is exempt from the requirement of a tolerance when applied as a fungicide to growing crops or to raw agricultural commodities after harvest, and as a bactericide/fungicide in or on meat, fat and meat by products of cattle, sheep, hogs, goats, horses and poultry, milk and eggs when applied as a bactericide/fungicide to animal premises and bedding. (d) Copper (II) hydroxide (CAS Reg. No. 20427-59-2) is exempt from the requirement of a tolerance when applied to growing crops or to raw agricultural commodities as an inert ingredient (for pH control) in pesticide products. Copper compounds CAS Reg. No. https://www.federalregister.gov/citation/65-FR-68912 https://www.federalregister.gov/citation/69-FR-4069 https://www.federalregister.gov/citation/71-FR-46110 https://www.federalregister.gov/citation/74-FR-26534 https://www.federalregister.gov/citation/74-FR-47457 https://www.federalregister.gov/citation/80-FR-37551 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1166/1218 § 180.1022 Iodine-detergent complex; exemption from the requirement of a tolerance. The aqueous solution of hydriodic acid and elemental iodine, including one or both of the surfactants (a) polyoxypropylene-polyoxyethylene glycol nomionic block polymers (minimum average molecular weight 1,900) and (b) α-(p- nonylphenyl)-omega- hydroxypoly (oxyethylene) having a maximum average molecular weight of 748 and in which the nonyl group is a propylene trimer isomer, is exempted from the requirement of a tolerance for residues in egg, and poultry, fat; poultry, meat; poultry, meat byproducts when used as a sanitizer in poultry drinking water. [74 FR 26534, June 3, 2009] § 180.1023 Propanoic acid; exemptions from the requirement of a tolerance. [69 FR 47025, Aug. 4, 2004, as amended at 74 FR 26534, June 3, 2009] § 180.1025 Xylene; exemption from the requirement of a tolerance. Xylene is exempted from the requirement of a tolerance when used as an aquatic herbicide applied to irrigation conveyance systems in accordance with the following conditions: (a) Postharvest application of propanoic acid or a mixture of methylene bispropionate and oxy(bismethylene) bisproprionate when used as a fungicide is exempted from the requirement of a tolerance for residues in or on the following raw agricultural commodities: Alfalfa, forage; alfalfa, hay; alfalfa, seed; barley, grain; Bermudagrass, forage; Bermudagrass, hay; bluegrass, forage; bluegrass, hay; bromegrass, forage; bromegrass, hay; clover, forage; clover, hay; corn, �eld, grain; corn, pop, grain; cowpea, hay; fescue, forage; fescue, hay; lespedeza, forage; lespedeza, hay; lupin; oat, grain; orchardgrass, forage; orchardgrass, hay; peanut, hay; pea, �eld, hay; ryegrass, Italian, hay; sorghum, grain, grain; soybean, hay; sudangrass, forage; sudangrass, hay; timothy, forage; timothy, hay; vetch, forage; vetch, hay; and wheat, grain. (b) Propanoic acid is exempt from the requirement of a tolerance for residues in or on cattle, meat; cattle, meat byproducts; goat, meat; goat, meat byproducts; hog, meat; hog meat byproducts; horse, meat; horse, meat byproducts; sheep, meat; sheep meat byproducts; and, poultry, fat; poultry meat; poultry meat byproducts; milk, and egg when applied as a bactericide/fungicide to livestock drinking water, poultry litter, and storage areas for silage and grain. (c) Preharvest and postharvest application of propanoic acid (CAS Reg. No. 79-09-4), propanioc acid, calcium salt (CAS Reg. No. 4075-81-4), and propanioc sodium salt (CAS Reg. No. 137-40-6) are exempted from the requirement of a tolerance on all crops when used as either an active or inert ingredient in accordance with good agricultural practice in pesticide formulations applied to growing crops, to raw agricultural commodities before and after harvest and to animals. (a) It is to be used only in programs of the Bureau of Reclamation, U.S. Department of Interior, and cooperating water user organizations. (b) It is to be applied as an emulsion at an initial concentration not to exceed 750 parts per million. https://www.federalregister.gov/citation/74-FR-26534 https://www.federalregister.gov/citation/69-FR-47025 https://www.federalregister.gov/citation/74-FR-26534 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1167/1218 [38 FR 16352, June 22, 1973, as amended at 50 FR 2980, Jan. 3, 1985] § 180.1027 Nuclear polyhedrosis virus of Heliothis zea; exemption from the requirement of a tolerance. [60 FR 42460, Aug. 16, 1995, as amended at 74 FR 26534, June 3, 2009] § 180.1033 Methoprene; exemption from the requirement of a tolerance. Methoprene is exempt from the requirement of a tolerance in or on all food commodities when used to control insect larvae. [68 FR 34829, June 11, 2003] § 180.1037 Polybutenes; exemption from the requirement of a tolerance. (c) It is not to be applied when there is any likelihood that the irrigation water will be used as a source of raw water for a potable water system or where return �ows of such treated irrigation water into receiving rivers and streams would contain residues of xylene in excess of 10 parts per million. (d) Xylene to be used as an aquatic herbicide shall meet the requirement limiting the presence of a polynuclear aromatic hydrocarbons as listed in 21 CFR 172.250. (a) For the purposes of this section, the viral insecticide must be produced with an unaltered and unadulterated inoculum of the single-embedded Heliothis zea nuclear polyhedrosis virus (HzSNPV). The identity of the seed virus must be assured by periodic checks. (b) Each lot of active ingredient of the viral insecticide shall have the following speci�cations: (1) The level of extraneous bacterial contamination of the �nal unformulated viral insecticide should not exceed 10 colonies per gram as determined by an aerobic plate on trypticase soy agar. 7 (2) Human pathogens, e.g., Salmonella, Shigella, or Vibrio, must be absent. (3) Safety to mice as determined by an intraperitoneal injection study must be demonstrated. (4) Identity of the viral product, as determined by the most sensitive and standardized analytical technique, e.g., restriction endonuclease and/or SDS-PAGE analysis, must be demonstrated. (c) Exemptions from the requirement of a tolerance are established for the residues of the microbial insecticide Heliothis zea NPV, as speci�ed in paragraphs (a) and (b) of this section, in or on all agricultural commodities. (a) Polybutenes are exempt from the requirement of a tolerance for residues in or on the raw agricultural commodity cotton, undelinted seed when used as a sticker agent for formulations of the attractant gossyplure (1:1 mixture of (Z,Z)- and (Z,E)-7,11 hexadecadien-1-ol acetate) to disrupt the mating of the pink bollworm. https://www.federalregister.gov/citation/38-FR-16352 https://www.federalregister.gov/citation/50-FR-2980 https://www.federalregister.gov/citation/60-FR-42460 https://www.federalregister.gov/citation/74-FR-26534 https://www.federalregister.gov/citation/68-FR-34829 https://www.ecfr.gov/current/title-21/section-172.250 https://www.ecfr.gov/current/title-40/section-180.1027#p-180.1027(a) https://www.ecfr.gov/current/title-40/section-180.1027#p-180.1027(b) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1168/1218 [74 FR 26534, June 3, 2009] § 180.1040 Ethylene glycol; exemption from the requirement of a tolerance. Ethylene glycol as a component of pesticide formulations is exempt from the requirement of a tolerance when used in foliar applications to peanut plants. [43 FR 41393, Sept. 18, 1978] § 180.1041 Nosema locustae; exemption from the requirement of a tolerance. The insecticide Nosema locustae is exempted from the requirement of a tolerance for residues in or on all raw agricultural commodities. [47 FR 21537, May 19, 1982] § 180.1043 Gossyplure; exemption from the requirement of a tolerance. The pheromone gossyplure, a 1:1 mixture of (Z,Z)- and (Z,E)-7,11-hexadecadien-1-ol acetate) is exempt from the requirement of a tolerance in or on the raw agricultural commodity cotton, undelinted seed when applied to cotton from capillary �bers. [74 FR 26534, June 3, 2009] § 180.1049 Carbon dioxide; exemption from the requirement of a tolerance. The insecticide carbon dioxide is exempted from the requirement of a tolerance when used after harvest in modi�ed atmospheres for stored insect control on food commodities. [65 FR 33716, May 24, 2000] § 180.1050 Nitrogen; exemption from the requirements of a tolerance. The insecticide nitrogen is exempted from the requirements of a tolerance when used after harvest in modi�ed atmospheres for stored product insect control on all food commodities. [65 FR 33716, May 24, 2000] § 180.1052 2,2,5-trimethyl-3-dichloroacetyl-1,3-oxazolidine; exemption from the requirement of a tolerance. 2,2,5-trimethyl-3-dichloroacetyl-1,3-oxazolidine is exempted from the requirement of a tolerance when used as an inert ingredient in formulations of the herbicides S-ethyl dipropylthiocarbamate, S propyl dipropylthiocarbamate, and S-ethyl diisobutylthiocarbamate applied to corn �elds before the corn plants emerge from the soil with a maximum of 0.5 pound of the inert ingredient per acre. (b) Polybutenes are exempt from the requirement of a tolerance for residues in or on the raw agricultural commodity artichoke when used as a sticker agent in multi-layered laminted controlled-release dispensers of (Z)-11-hexaadecenal to disrupt the mating of the artichoke plume moth. https://www.federalregister.gov/citation/74-FR-26534 https://www.federalregister.gov/citation/43-FR-41393 https://www.federalregister.gov/citation/47-FR-21537 https://www.federalregister.gov/citation/74-FR-26534 https://www.federalregister.gov/citation/65-FR-33716 https://www.federalregister.gov/citation/65-FR-33716 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1169/1218 [45 FR 51201, Aug. 1, 1980] § 180.1054 Calcium hypochlorite; exemptions from the requirement of a tolerance. [59 FR 59165, Nov. 16, 1994, as amended at 74 FR 26534, June 3, 2009] § 180.1056 Boiled linseed oil; exemption from requirement of tolerance. Boiled linseed oil (containing no more than 0.33 percent manganese naphthenate and no more than 0.33 percent cobalt naphthenate) is exempt from the requirement of a tolerance when used as a coating agent for S-ethyl hexahydro-1H-azepine-1-carbothioate. No more than 15 percent of the pesticide formulation may consist of “boiled linseed oil.” This exemption is limited to use on rice before edible parts form. [46 FR 33270, June 29, 1981] § 180.1057 Phytophthora palmivora; exemption from requirement of tolerance. Phytophthora palmivora is exempted from the requirement of a tolerance in or on the raw agricultural commodity fruit, citrus. [74 FR 26534, June 3, 2009] § 180.1058 Sodium diacetate; exemption from the requirement of a tolerance. Sodium diacetate, when used postharvest as a fungicide, is exempt from the requirement of a tolerance for residues in or on alfalfa, hay; Bermudagrass, hay; bluegrass, hay; bromegrass, hay; clover,hay; corm, �eld, grain; corn, pop, grain; oat, grain; orchardgrass, hay; sorghum, grain, grain; sudangrass, hay; ryegrass, Italian, hay; timothy, hay. [74 FR 26534, June 3, 2009] § 180.1064 Tomato pinworm insect pheromone; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for combined residues of both components of the tomato pinworm insect pheromone (E)-4-tridecen-1-yl acetate and (Z)-4 tridecen-1-yl acetate in or on all raw agricultural commodities (preharvest) in accordance with the following prescribed conditions: (a) Calcium hypochlorite is exempted from the requirement of a tolerance when used preharvest or postharvest in solution on all raw agricultural commodities. (b) Calcium hypochlorite is exempted from the requirement of a tolerance in or on grape when used as a fumigant postharvest by means of a chlorine generator pad. (a) Application shall be limited solely to point source dispensers or point source chopped �bers containing the tomato pinworm insect pheromone. (b) Cumulative yearly application cannot exceed 200 grams of tomato pinworm pheromone per acre. https://www.federalregister.gov/citation/45-FR-51201 https://www.federalregister.gov/citation/59-FR-59165 https://www.federalregister.gov/citation/74-FR-26534 https://www.federalregister.gov/citation/46-FR-33270 https://www.federalregister.gov/citation/74-FR-26534 https://www.federalregister.gov/citation/74-FR-26534 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1170/1218 [58 FR 34376, June 25, 1993] § 180.1065 2-Amino-4,5-dihydro-6-methyl-4-propyl-s-triazolo(1,5 alpha)pyrimidin-5-one; exemption from the requirement of a tolerance. The inert ingredient, 2-amino-4,5-dihydro-6-methyl-4-propyl-s-triazolo(1,5-alpha)pyrimidin-5-one is exempted from the requirement of a tolerance when used as an emetic at not more than 0.3 percent in formulations of paraquat dichloride. Further restrictions on this exemption are that this ingredient may not be advertised as an emetic and the paraquat product may not be promoted in any way because of the inclusion of this inert ingredient. [70 FR 46431, Aug. 10, 2005] § 180.1067 Methyl eugenol and malathion combination; exemption from the requirement of a tolerance. The insect attractant methyl eugenol and the insecticide malathion are exempt from the requirement of tolerances on all raw agricultural commodities when used in combination in Oriental fruit �y eradication programs under the authority of the U.S. Department of Agriculture, in accordance with the following directions and speci�cations: [47 FR 9002, Mar. 3, 1982, as amended at 69 FR 23142, Apr. 28, 2004] § 180.1068 C -C fatty acid potassium salts; exemption from the requirement of a tolerance. C -C fatty acids (saturated and unsaturated) potassium salts are exempted from the requirement of a tolerance for residues in or on all raw agricultural commodities when used in accordance with good agricultural practice. [60 FR 34871, July 5, 1995] § 180.1069 (Z)-11-Hexadecenal; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biological insecticide (pheromone) (Z)-11-hexadecenal when used as a sex attractant on artichoke plants to control the artichoke plume moth. [47 FR 14906, Apr. 7, 1982] (a) The combination shall be at the ratio of three parts methyl eugenol to one part technical malathion (3:1). (b) This combination is to be impregnated on a carrier (cigarette �lter tips (cellulose acetate); cotton strings; �berboard squares) or mixed with a jel cleared under 40 CFR 180.920 or 180.950. (c) The maximum actual dosage per application per acre shall be 28.35 grams (one ounce avoirdupois) methyl eugenol and 9.45 grams (one-third (0.33) ounce avoirdupois) technical malathion. 12 18 12 18 https://www.federalregister.gov/citation/58-FR-34376 https://www.federalregister.gov/citation/70-FR-46431 https://www.federalregister.gov/citation/47-FR-9002 https://www.federalregister.gov/citation/69-FR-23142 https://www.federalregister.gov/citation/60-FR-34871 https://www.federalregister.gov/citation/47-FR-14906 https://www.ecfr.gov/current/title-40/section-180.920 https://www.ecfr.gov/current/title-40/section-180.950 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1171/1218 § 180.1070 Sodium chlorite; exemption from the requirement of a tolerance. Sodium chlorite is exempted from the requirement of a tolerance for residues when used in accordance with good agricultural practice as a seed-soak treatment in the growing of the raw agricultural commodities vegetable, brassica, leafy, group 5 and radish, roots and radish, tops. [74 FR 26534, June 3, 2009] § 180.1071 Peanuts, Tree Nuts, Milk, Soybeans, Eggs, Fish, Crustacea, and Wheat; exemption from the requirement of a tolerance. (a) General. Residues resulting from the following uses of the food commodity forms of peanuts, tree nuts, milk, soybeans, eggs (including putrescent eggs), �sh, crustacea, and wheat are exempted from the requirement of a tolerance in or on all food commodities under FFDCA section 408 (when used as either an inert or an active ingredient in a pesticide formulation), if such use is in accordance with good agricultural practices: (1) Use in pesticide products intended to treat seeds. (2) Use in nursery and greenhouse operations, as de�ned in 40 CFR 170.3, which includes seeding, potting and transplanting activities. (3) Pre-plant and at-transplant applications. (4) Incorporation into seedling and planting beds. (5) Applications to cuttings and bare roots. (6) Applications to the �eld that occur after the harvested crop has been removed. (7) Soil-directed applications around and adjacent to all plants. (8) Applications to rangelands, which is land, mostly grasslands, whose plants can provide food (i.e., forage) for grazing or browsing animals. (9) Use in chemigation and irrigation systems (via �ood, drip, or furrow application with no overhead spray applications). (10) Application as part of a dry fertilizer on which an active ingredient is impregnated. (11) Aerial and ground applications that occur when no above-ground harvestable food commodities are present (usually pre-bloom). (12) Application as part of an animal feed-through product. (13) Applications as gel and solid (non-liquid/non-spray) crack and crevice treatments that place the gel or bait directly into or on top of the cracks and crevices via a mechanism such as a syringe. (14) Applications to the same crop from which the food commodity is derived, whether the plant fraction(s) intended for harvest are present or not, e.g., applications of peanut meal when applied to peanut plants. (b) Speci�c chemical substances. Residues resulting from the use of the following substances as either an inert or an active ingredient in a pesticide formulation are exempted from the requirement of a tolerance under FFDCA section 408, if such use is in accordance with good agricultural practices and such use is included in paragraph (a): https://www.federalregister.gov/citation/74-FR-26534 https://www.ecfr.gov/current/title-40/section-170.3 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1172/1218 Caseins 9000-71-9 Caseins, ammonium complexes 9005-42-9 Caseins, hydrolyzates 65072-00-6 Caseins, potassium complexes 68131-54-4 Caseins, sodium complexes 9005-46-3 [70 FR 1360, Jan. 7, 2005] ยง 180.1072 Poly-D-glucosamine (chitosan); exemption from the requirement of a tolerance. [60 FR 19524, Apr. 19, 1995] ยง 180.1073 Isomate-M; exemption from the requirement of a tolerance. The oriental fruit moth pheromone (Isomate-M) (Z-8-dodecen-l-yl acetate, E-8-dodecen-l-yl acetate, Z-8-dodecen-l-ol) is exempt from the requirement of a tolerance in or on all the raw agricultural commodities (food and feed) including, peach; quince; nectarine; and nut, macadamia when used in orchards with encapsulated polyethylene tubing to control oriental fruit moth. [74 FR 26534, June 3, 2009] ยง 180.1074 F.D.&C. Blue No. 1; exemption from the requirement of a tolerance. F.D.&C. Blue No. 1 is exempted from the requirement of a tolerance when used as an aquatic plant control agent. [47 FR 25963, June 16, 1982] ยง 180.1075 Colletotrichum gloeosporioides f. sp. aeschynomene; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the mycoherbicide Colletotrichum gloeosporioides f. sp. aeschynomene in or on the following raw agricultural commodities: (a) An exemption from the requirement of a tolerance is established for residues of the biological plant growth regulator poly-D-glucosamine when used as a seed treatment in or on barley, beans, oats, peas, rice, and wheat. (b) An exemption from the requirement of a tolerance is established for residues of the biological plant growth regulator poly-D-glucosamine when used as a pesticide in the production any raw agricultural commodity. Chemical SubstanceChemical Substance CAS No.CAS No. https://www.federalregister.gov/citation/70-FR-1360 https://www.federalregister.gov/citation/60-FR-19524 https://www.federalregister.gov/citation/74-FR-26534 https://www.federalregister.gov/citation/47-FR-25963 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1173/1218 Commodity Aspirated grain fractions Rice, grain Soybean, forage Soybean, hay Soybean, seed [47 FR 25742, June 15, 1982, as amended at 74 FR 26534, June 3, 2009] § 180.1076 Viable spores of the microorganism Bacillus popilliae; exemption from the requirement of a tolerance. [47 FR 38535, Sept. 1, 1982, as amended at 74 FR 26535, June 3, 2009] § 180.1080 Plant volatiles and pheromone; exemptions from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the plant volatiles cyclic decadiene, cyclic decene, cyclic pentadecatriene, and decatriene and the pheromone Z-2 isopropenyl-1-methylcyclobutaneethanol; Z-3,3-dimethyl-Δ1,β-cyclohexaneethanol; Z-3,3-dimethyl Δ1,α-cyclohexaneethanal; E-3,3-dimethyl-Δ1,α-cyclohexaneethanal combination when applied to cotton in hollow synthetic �bers. [48 FR 28442, June 22, 1983] (a) For the purposes of this section the microbial insecticide for which exemption from the requirement of a tolerance is being established shall have the following speci�cations: (1) The microorganism shall be an authentic strain of Bacillus popilliae conforming to the morphological and biochemical characteristics of Bacillus popilliae as described in Bergey's Manual of Determinative Bacteriology, Eighth Edition. (2) Spore preparations of Bacillus popilliae shall be produced by an extraction process from diseased Japanese beetles, and may contain a small percentage of the naturally occurring milky disease bacterium Bacillus lentimorbus. (3) Each lot of spore preparation, prior to the addition of other materials, shall be tested by subcutaneous injection of at least 1 million spores into each of �ve laboratory test mice weighing 17 grams to 23 grams. Such test shall show no evidence of infection of injury in the test animals when observed for 7 days following injection. (b) Exemption from the requirement of a tolerance is established for residues of the microbial insecticide Bacillus popilliae, as speci�ed in paragraph (a) of this section in or on grass, pasture, forage and grass, rangeland, forage when it is applied to growing crops in accordance with good agricultural practices. https://www.federalregister.gov/citation/47-FR-25742 https://www.federalregister.gov/citation/74-FR-26534 https://www.federalregister.gov/citation/47-FR-38535 https://www.federalregister.gov/citation/74-FR-26535 https://www.federalregister.gov/citation/48-FR-28442 https://www.ecfr.gov/current/title-40/section-180.1076#p-180.1076(a) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1174/1218 ยง 180.1083 Dimethyl sulfoxide; exemption from the requirement of a tolerance. Dimethyl sulfoxide (DMSO) [CAS Registry Number 67-68-5] is exempted from the requirement of a tolerance when used as an inert solvent or cosolvent in formulations with the following pesticides when used in accordance with good agricultural practices in or on the following raw agricultural commodities: Pea, dry, seed Pea, succulent Pea, dry, seed Pea, succulent [48 FR 54819, Dec. 7, 1983, as amended at 74 FR 26535, June 3, 2009] ยง 180.1084 Monocarbamide dihydrogen sulfate; exemption from the requirement of a tolerance. Monocarbamide dihydrogen sulfate is exempted from the requirement of a tolerance when used as a herbicide or desiccant in or on all raw agricultural commodities. [53 FR 12152, Apr. 13, 1988] ยง 180.1086 3,7,11-Trimethyl-1,6,10-dodecatriene-1-ol and 3,7,11-trimethyl-2,6,10 dodecatriene-3-ol; exemption from the requirement of a tolerance. The insect pheromone containing the active ingredients 3,7,11-trimethyl-1,6,10-dodecatriene-1-ol and 3,7,11-trimethyl-2,6,10-dodecatriene-3-ol is exempted from the requirement of a tolerance in or on all raw agricultural commodities. [52 FR 12165, Apr. 15, 1987; 52 FR 29014, Aug. 5, 1987] ยง 180.1087 Sesame stalks; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biorational nematicide sesame stalk in or on the following raw agricultural commodities: Almond; almond, hulls; cotton, undelinted seed; cotton, gin byproducts; soybean, seed; soybean, forage; soybean, hay; aspirated grain fractions; potato; beet, sugar, roots; beet, sugar, tops; tomato; pepper, bell; squash; strawberry; eggplant; cucumber; carrot, roots; radish, roots; radish, top; turnip, roots; turnip, tops; onion; pea, dry; pea, succulent; melon; grape; walnut; orange; grapefruit; mulberry; peach; apple; apricot; blackberry; loganberry; pecan; cherry; plum, and cranberry. [74 FR 26535, June 3, 2009] (a) Carbaryl (1-naphthyl methyl-carbamate) (b) O -O-Diethyl O-(2-isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate https://www.federalregister.gov/citation/48-FR-54819 https://www.federalregister.gov/citation/74-FR-26535 https://www.federalregister.gov/citation/53-FR-12152 https://www.federalregister.gov/citation/52-FR-12165 https://www.federalregister.gov/citation/52-FR-29014 https://www.federalregister.gov/citation/74-FR-26535 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1175/1218 § 180.1089 Poly-N-acetyl-D-glucosamine; exemption from the requirement of tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical nematicide poly-N-acetyl-D-glucosamine on a variety of agricultural crops. [53 FR 10249, Mar. 30, 1988] § 180.1090 Lactic acid; exemption from the requirement of a tolerance. Lactic acid (2-hydroxypropanoic acid) is exempted from the requirement of a tolerance when used as a plant growth regulator in or on all raw agricultural commodities. [53 FR 15286, May 4, 1988] § 180.1091 Aluminum isopropoxide and aluminum secondary butoxide; exemption from the requirement of a tolerance. Aluminum isopropoxide (CAS Reg. No. 555-31-7) and aluminum secondary butoxide (CAS Reg. No. 2269-22-9) are exempted from the requirement of a tolerance when used in accordance with good agricultural practices as stabilizers in formulations of the insecticide amitraz [N′-(2,4 dimethylphenyl)-N-[[(2,4-dimethylphenyl)imino]-N-methylmethanimidamide] applied to growing crops or animals. [53 FR 34509, Sept. 7, 1988; 53 FR 36696, Sept. 21, 1988] § 180.1092 Menthol; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the pesticidal chemical menthol in or on honey and honeycomb when used in accordance with good agricultural practice in over-wintering bee hives. [74 FR 26535, June 3, 2009] § 180.1095 Chlorine gas; exemptions from the requirement of a tolerance. Chlorine gas is exempted from the requirement of a tolerance when used preharvest or postharvest in solution on all raw agricultural commodities. [56 FR 21309, May 8, 1991] § 180.1097 GBM-ROPE; exemption from the requirement of a tolerance. The grape berry moth pheromone (GBM-ROPE) containing the active ingredients (Z)-9-dedecenyl acetate and (Z)-11-tetradecenyl acetate is exempt from the requirement of a tolerance in or on the raw agricultural commodity grape when used in orchards with encapsulated polyethylene tubing to control grape berry moth. [74 FR 26535, June 3, 2009] https://www.federalregister.gov/citation/53-FR-10249 https://www.federalregister.gov/citation/53-FR-15286 https://www.federalregister.gov/citation/53-FR-34509 https://www.federalregister.gov/citation/53-FR-36696 https://www.federalregister.gov/citation/74-FR-26535 https://www.federalregister.gov/citation/56-FR-21309 https://www.federalregister.gov/citation/74-FR-26535 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1176/1218 § 180.1098 Gibberellins [Gibberellic Acids (GA3 and GA4 + GA7), and Sodium or Potassium Gibberellate]; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of gibberellins [gibberellic acids (GA3 and GA4 + GA7), and sodium or potassium gibberellate] in or on all food commodities when used as plant regulators on plants, seeds, or cuttings and on all food commodities after harvest in accordance with good agricultural practices. [64 FR 31505, June 11, 1999] § 180.1100 Gliocladium virens isolate GL-21; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biofungicide Gliocladium virens GL-21 in or on all raw agricultural commodities when used either as a fungicide for inoculation of plant growth media in greenhouses or on terrestrial food crops grown outdoors in accordance with good agricultural practices. [60 FR 48659, Sept. 20, 1995; 60 FR 52248, Oct. 5, 1995] § 180.1101 Parasitic (parasitoid) and predatory insects; exemption from the requirement of a tolerance. Parasitic (parasitoid) and predatory insects are exempted from the requirement of a tolerance for residues when they are used in accordance with good agricultural and pest control practices to control insect pests of stored raw whole grains such as corn, small grains, rice, soybeans, peanuts, and other legumes either bulk or warehoused in bags. For the purposes of this rule, the parasites (parasitoids) and predators are considered to be species of Hymenoptera in the genera Trichogramma, Trichogrammatidae; Bracon, Braconidae; Venturia, Mesostenus, Ichneumonidae; Anisopteromalus, Choetospila, Lariophagus, Dibrachys, Habrocytus, Pteromalus, Pteromalidae; Cephalonomia, Holepyris, Laelius, Bethylidae; and of Hemiptera in the genera Xylocoris, Lyctocoris, and Dufouriellus, Anthocoridae. Whole insects, fragments, parts, and other residues of these parasites and predators remain subject to 21 U.S.C. 342(a)(3). [57 FR 14646, Apr. 22, 1992] § 180.1102 Trichoderma harzianum KRL-AG2 (ATCC #20847) strain T-22; exemption from requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biofungicide Trichoderma harzianum KRL-AG2 (ATCC #20847); also known as strain T-22 when applied in/or on all food commodities. [64 FR 16860, Apr. 7, 1999] § 180.1103 Isomate-C; exemption from the requirement of a tolerance. The codling moth pheromone (Isomate-C) E,E-8,10-dodecenyl alcohol, dodecanol, tetradecanol is exempt from the requirements of a tolerance in or on all raw agricultural commodities when formulated in polyethylene pheromone dispensers for use in orchards with encapsulated polyethylene tubing to control codling moth. https://www.federalregister.gov/citation/64-FR-31505 https://www.federalregister.gov/citation/60-FR-48659 https://www.federalregister.gov/citation/60-FR-52248 https://www.govinfo.gov/link/uscode/21/342 https://www.federalregister.gov/citation/57-FR-14646 https://www.federalregister.gov/citation/64-FR-16860 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1177/1218 [74 FR 26535, June 3, 2009] § 180.1110 3-Carbamyl-2,4,5-trichlorobenzoic acid; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the residues of 3-carbamyl 2,4,5-trichlorobenzoic acid in or on all raw agricultural commodities which occur from the direct application of chlorothalonil to crops in § 180.275 (a) and (b) and/or as an inadvertent residue resulting from the soil metabolism of chlorothalonil when applied to crops in § 180.275 (a) and (b), and subsequent uptake by rotated crops when used according to approved agricultural practices. [57 FR 24552, June 10, 1992] § 180.1111 Bacillus subtilis GB03; exemption from the requirement of a tolerance. The biofungicide Bacillus subtilis GB03 is exempted from the requirement of a tolerance in or on all raw agricultural commodities when used in accordance with good agricultural practices. [73 FR 50556, Aug. 27, 2008] § 180.1114 Pseudomonas �uorescens A506, Pseudomonas �uorescens 1629RS, and Pseudomonas syringae 742RS; exemptions from the requirement of a tolerance. The biological pesticides Pseudomonas �uorescens A506, Pseudomonas �uorescens 1629RS, and Pseudomonas syringae 742RS are exempted from the requirement of a tolerance in or on all raw agricultural commodities when applied as a frost protection agent or biological control agent to growing agricultural crops in accordance with good agricultural practices. [57 FR 42700, Sept. 16, 1992] § 180.1118 Spodoptera exigua nuclear polyhedrosis virus; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the microbial pest control agent Spodoptera exigua nuclear polyhedrosis virus when used as a pesticide control agent on all raw agricultural commodities. [58 FR 25784, Apr. 28, 1993] § 180.1119 Azadirachtin; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the biochemical azadirachtin, which is isolated from the berries of the Neem tree (Azadirachta indica), when used as a pesticide at 20 grams or less per acre on all raw agricultural commodities. [58 FR 8696, Feb. 17, 1993] § 180.1120 Streptomyces sp. strain K61; exemption from the requirement of a tolerance. https://www.federalregister.gov/citation/74-FR-26535 https://www.ecfr.gov/current/title-40/section-180.275#p-180.275(a) https://www.ecfr.gov/current/title-40/section-180.275#p-180.275(b) https://www.ecfr.gov/current/title-40/section-180.275#p-180.275(a) https://www.ecfr.gov/current/title-40/section-180.275#p-180.275(b) https://www.federalregister.gov/citation/57-FR-24552 https://www.federalregister.gov/citation/73-FR-50556 https://www.federalregister.gov/citation/57-FR-42700 https://www.federalregister.gov/citation/58-FR-25784 https://www.federalregister.gov/citation/58-FR-8696 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1178/1218 The biological pesticide Streptomyces sp. strain K61 is exempted from the requirement of a tolerance in or on all raw agricultural commodities when used as a fungicide for the treatment of seeds, cuttings, transplants, and plants of agricultural crops in accordance with good agricultural practices. [58 FR 21403, Apr. 21, 1993] § 180.1121 Boric acid and its salts, borax (sodium borate decahydrate), disodium octaborate tetrahydrate, boric oxide (boric anhydride), sodium borate and sodium metaborate; exemptions from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the pesticidal chemical boric acid and its salts, borax (sodium borate decahydrate), disodium octaborate tetrahydrate, boric oxide (boric anhydride), sodium borate and sodium metaborate, in or on raw agricultural commodities when used as an active ingredient in insecticides, herbicides, or fungicides preharvest or postharvest in accordance with good agricultural practices. [58 FR 44283, Aug. 20, 1993] § 180.1122 Inert ingredients of semiochemical dispensers; exemptions from the requirement of a tolerance. [58 FR 64494, Dec. 8, 1993] § 180.1124 Arthropod pheromones; exemption from the requirement of a tolerance. Arthropod pheromones, as described in § 152.25(b) of this chapter, when used in retrievably sized polymeric matrix dispensers are exempt from the requirement of a tolerance in or on all raw agricultural commodities when applied to growing crops only at a rate not to exceed 150 grams (a) All inert ingredients of semiochemical dispenser products formulated with, and/or contained in, dispensers made of polymeric matrix materials (including the monomers, plasticizers, dispersing agents, antioxidants, UV protectants, stabilizers, and other inert ingredients) are exempted from the requirement of a tolerance when used as carriers in pesticide formulations for application to growing crops only. These dispensers shall conform to the following speci�cations: (1) Exposure must be limited to inadvertent physical contact only. The design of the dispenser must be such as to preclude any contamination by its components of the raw agricultural commodity (RAC) or processed foods/feeds derived from the commodity by virtue of its proximity to the RAC or as a result of its physical size. (2) The dispensers must be applied discretely. This exemption does not apply to components of semiochemical formulations applied in a broadcast manner either to a crop �eld plot or to individual plants. (b) A semiochemical dispenser is a single enclosed or semi-enclosed unit that releases semiochemical(s) into the surrounding atmosphere via volatilization and is applied in a manner to provide discrete application of the semiochemical(s) into the environment. (c) Semiochemicals are chemicals that are emitted by plants or animals and modify the behavior of receiving organisms. These chemicals must be naturally occurring or substantially identical to naturally occurring semiochemicals. https://www.federalregister.gov/citation/58-FR-21403 https://www.federalregister.gov/citation/58-FR-44283 https://www.federalregister.gov/citation/58-FR-64494 https://www.ecfr.gov/current/title-40/section-152.25#p-152.25(b) 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1179/1218 active ingredient/acre/year in accordance with good agricultural practices. [59 FR 14759, Mar. 30, 1994] § 180.1126 Codlure, (E,E)-8,10-Dodecadien-1-ol; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the insect pheromone codlure, (E,E)-8,10-dodecadien-1-ol, on all raw agricultural commodities in accordance with the following prescribed conditions: [59 FR 9931, Mar. 2, 1994] § 180.1127 Biochemical pesticide plant �oral volatile attractant compounds: cinnamaldehyde, cinnamyl alcohol, 4-methoxy cinnamaldehyde, 3-phenyl propanol, 4-methoxy phenethyl alcohol, indole, and 1,2,4-trimethoxybenzene; exemptions from the requirement of a tolerance. Residues of the biochemical pesticide plant �oral volatile attractant compounds: cinnamaldehyde, cinnamyl alcohol, 4-methoxy cinnamaldehyde, 3-phenyl propanol, 4-methoxy phenethyl alcohol, indole, and 1,2,4-trimethoxybenzene are exempt from the requirement of a tolerance in or on the following raw agricultural commodities: the following �eld crops - alfalfa, clover, cotton, dandelion, peanuts (including hay), rice, sorghum (milo), soybeans, sun�ower, sweet potatoes, and wheat; the following vegetable crops - asparagus, beans (including forage hay), beets, carrots, celery, cole crops (cabbage, broccoli, brussels sprouts, cauli�ower), collards (kale, mustard greens, turnip greens, kohlrabi), corn, fresh (�eld, sweet, pop, seed), corn fodder and forage, chinese cabbage, cowpeas, cucurbitis (cucumbers, squash, pumpkin), egg plant, endive (escarole), horseradish (radish, rutabagas, turnip roots), leafy greens (spinach, swiss chard), lettuce (head leaf), okra, parsley, parsnip, peas, peas with pods, peppers, potatoes, sugar beets, tomatoes; the following tree fruit, berry and nut crops - almonds, apples, apricots, berries (blackberry, boysenberry, dewberry, loganberry, raspberry), blueberry, cherry, citrus (grapefruit, kumquat, lemon, lime, orange, tangelo, and tangerine) cranberry, grapes, melons, (watermelon, honeydew, crenshaw, cantaloupe, casaba, (a) Application shall be limited solely to codlure dispensers that conform to the following speci�cations: (1) Commodity exposure must be limited to inadvertent physical contact. The design of the dispenser must be such as to preclude any exposure of its components to the raw agricultural commodity (RAC) or processed foods/feeds derived from the commodity due to its proximity to the RAC or as a result of its physical size. Dispensers must be of such size and construction that they are readily recognized post-application. (2) The dispensers must be applied discretely, i.e., placed in the �eld in easily perceived distinct locations in a manner that does not prevent later retrieval. This exemption does not apply to codlure applied in a broadcast manner either to a crop �eld plot or to individual plants. (b) A codlure dispenser is a single enclosed or semi-enclosed unit that releases codlure into the surrounding atmosphere via volatilization and is applied in a manner to provide discrete application (i.e., in easily perceived distinct locations in a manner that does not prevent later retrieval) of the codlure into the environment. https://www.federalregister.gov/citation/59-FR-14759 https://www.federalregister.gov/citation/59-FR-9931 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1180/1218 persian), nectarines, pears, pecans, peaches, and strawberry as dispersed from the end-use product Corn Rootworm Bait ®, a pesticidal bait, in accordance with the prescribed conditions in paragraph (a) of this section. [59 FR 15857, Apr. 5, 1994] § 180.1128 Bacillus amyloliquefaciens MBI600; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biofungicide Bacillus amyloliquefaciens MBI600 (antecedent Bacillus subtilis MBI600) in or on all food commodities, including residues resulting from post-harvest uses, when applied or used in accordance wi [80 FR 78143, Dec. 16, 2015] § 180.1130 N-(n-octyl)-2-pyrrolidone and N-(n-dodecyl)-2-pyrrolidone; exemptions from the requirement of a tolerance. [79 FR 10682, Feb. 26, 2014] § 180.1135 Pasteuria penetrans; exemption from the requirement of a tolerance. The biological nematicide Pasteuria penetrans is exempted from the requirement of a tolerance in or on all raw agricultural commodities, except roots and tubers, when used as a nematicide in the production of fruits and vegetables in greenhouses. [59 FR 66741, Dec. 28, 1994] § 180.1139 Sodium 5-nitroguaiacolate; exemption from the requirement of a tolerance. The biochemical sodium 5-nitroguiacolate is exempted from the requirement of a tolerance when used as a plant growth regulator in end-use products at a concentration of 0.1% by weight and applied at an application rate of 20 g of a.i. per acre or less per application, in or on all food commodities. [65 FR 66181, Nov. 3, 2000] (a) Cumulative yearly application cannot exceed 20 grams of each �oral attractant/acre/application. (b) [Reserved] (a) N -(n-octyl)-2-pyrrolidone and N-(n-dodecyl)-2-pyrrolidone are exempt from the requirement of a tolerance when used as solvents in cotton defoliant formulations containing thidiazuron and diuron as active ingredients. (b) N -(n-octyl)-2-pyrrolidone is exempt from the requirement of a tolerance when used as a solvent in formulations containing pyra�ufen-ethyl as an active ingredient at a concentration not to exceed 20% by weight. https://www.ecfr.gov/current/title-40/section-180.1127#p-180.1127(a) https://www.federalregister.gov/citation/59-FR-15857 https://www.federalregister.gov/citation/80-FR-78143 https://www.federalregister.gov/citation/79-FR-10682 https://www.federalregister.gov/citation/59-FR-66741 https://www.federalregister.gov/citation/65-FR-66181 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1181/1218 § 180.1140 Sodium o-nitrophenolate; exemption from the requirement of a tolerance. The biochemical sodium o-nitrophenolate is exempted from the requirement of a tolerance when used as a plant growth regulator in end-use products at a concentration of 0.2% by weight and applied at an application rate of 20 g of a.i. per acre or less per application, in or on all food commodities. [65 FR 66181, Nov. 3, 2000] § 180.1141 Sodium p-nitrophenolate; exemption from the requirement of a tolerance. The biochemical sodium p-nitrophenolate is exempted from the requirement of a tolerance when used as a plant growth regulator in end-use product at a concentration of 0.3% by weight and applied at an application rate of 20 g of a.i. per acre or less per application, in or on all food commodities. [65 FR 66181, Nov. 3, 2000] § 180.1142 1,4-Dimethylnaphthalene; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the residues of the plant growth regulator, 1,4-dimethylnaphthalene (1,4-DMN), when applied postharvest to all sprouting root, tuber, and bulb crops in accordance with good agricultural practices. [77 FR 68697, Nov. 16, 2012] § 180.1143 Methyl anthranilate; exemption from the requirement of a tolerance. Residues of methyl anthranilate, a biochemical pesticide, are exempt from the requirement of a tolerance in or on all food commodities, when used in accordance with good agricultural practices. [67 FR 51088, Aug. 7, 2002] § 180.1145 Pseudomonas syringae; exemption from the requirement of a tolerance. Pseudomonas syringae is exempted from the requirement of a tolerance on all raw agricultural commodities when applied postharvest according to good agricultural practices. [60 FR 12703, Mar. 8, 1995] § 180.1146 Beauveria bassiana Strain GHA; exemption from the requirement of a tolerance. Beauveria bassiana Strain GHA is exempted from the requirement of a tolerance in or on all raw agricultural commodities when applied to growing crops according to good agricultural practices. [60 FR 18547, Apr. 12, 1995] https://www.federalregister.gov/citation/65-FR-66181 https://www.federalregister.gov/citation/65-FR-66181 https://www.federalregister.gov/citation/77-FR-68697 https://www.federalregister.gov/citation/67-FR-51088 https://www.federalregister.gov/citation/60-FR-12703 https://www.federalregister.gov/citation/60-FR-18547 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1182/1218 § 180.1148 Occlusion Bodies of the Granulosis Virus of Cydia pomenella; tolerance exemption. An exemption from the requirement of a tolerance is established for residues of the microbial pest control agent Occlusion Bodies of the Granulosis Virus of Cydia pomonella (codling moth) in or on all raw agricultural commodities. [60 FR 42450, Aug. 16, 1995] § 180.1149 Inclusion bodies of the multi-nuclear polyhedrosis virus of Anagrapha falcifera; exemption from the requirement of a tolerance. The microbial pest control agent inclusion bodies of the multi-nuclear polyhedrosis virus of Anagrapha falcifera is exempted from the requirement of a tolerance in or on all raw agricultural commodities when used to control certain lepidopteran pest species. [60 FR 37020, July 19, 1995] § 180.1150 6-Benzyladenine; exemption from the requirement of a tolerance. The biochemical plant regulator 6-benzyladenine (6-BA) is exempt from the requirement of a tolerance in or on apple and pear when applied at a rate of ≤182 grams of active ingredient per acre per season, and in or on pistachio when applied at a rate of ≤60 grams of active ingredient per acre per season. [72 FR 13179, Mar. 21, 2007] § 180.1153 Lepidopteran pheromones; exemption from the requirement of a tolerance. Lepidopteran pheromones that are naturally occurring compounds, or identical or substantially similar synthetic compounds, designated by an unbranched aliphatic chain (between 9 and 18 carbons) ending in an alcohol, aldehyde or acetate functional group and containing up to 3 double bonds in the aliphatic backbone, are exempt from the requirement of a tolerance in or on all raw agricultural commodities. This exemption only pertains to those situations when the pheromone is: Applied to growing crops at a rate not to exceed 150 grams active ingredient/acre/year in accordance with good agricultural practices; and applied as a post-harvest treatment to stored food commodities at a rate not to exceed 3.5 grams active ingredient/1,000 ft /year (equivalent to 150 grams active ingredient/acre/year) in accordance with good agricultural practices. [71 FR 45399, Aug. 9, 2006] § 180.1156 Cinnamaldehyde; exemption from the requirement of a tolerance. Cinnamaldehyde (3-phenyl-2-propenal) is exempted from the requirement of a tolerance in or on all food commodities, when used as a fungicide, insecticide, and algaecide in accordance with good agricultual practices. [64 FR 7804, Feb. 17, 1999; 64 FR 14099, Mar. 24, 1999] 2 https://www.federalregister.gov/citation/60-FR-42450 https://www.federalregister.gov/citation/60-FR-37020 https://www.federalregister.gov/citation/72-FR-13179 https://www.federalregister.gov/citation/71-FR-45399 https://www.federalregister.gov/citation/64-FR-7804 https://www.federalregister.gov/citation/64-FR-14099 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1183/1218 § 180.1157 Cytokinins; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of cytokinins (speci�cally: aqueous extract of seaweed meal and kinetin) in or on all food commodities when used as plant regulators on plants, seeds, or cuttings and on all food commodities after harvest in accordance with good agricultural practices. [64 FR 31505, June 11, 1999] § 180.1158 Auxins; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of auxins (speci�cally: indole-3-acetic acid and indole-3-butyric acid) in or on all food commodities when used as plant regulators on plants, seeds, or cuttings and on all food commodities after harvest in accordance with good agricultural practices. [64 FR 31505, June 11, 1999] § 180.1159 Pelargonic acid; exemption from the requirement of tolerances. [62 FR 28364, May 23, 1997, as amended at 64 FR 31505, June 11, 1999; 68 FR 7935, Feb. 19, 2003] § 180.1160 Jojoba oil; exemption from the requirement of a tolerance. The insecticide and spray tank adjuvant jojoba oil is exempted from the requirement of a tolerance in or on all raw agricultural commodities when applied at the rate of 1.0% or less of the �nal spray in accordance with good agricultural practices, provided the jojoba oil does not contain simmondsin, simmondsin-2-ferulate, and related conjugated organonitriles including demethyl simmondsin and didemethylsimmondsin. [61 FR 2121, Jan. 25, 1996] (a) An exemption from the requirement of a tolerance is established for residues of pelargonic acid in or on all food commodities when used as a plant regulator on plants, seeds, or cuttings and on all food commodities after harvest in accordance with good agricultural practices. (b) Pelargonic acid when used as an herbicide is exempt from the requirement of a tolerance on all plant food commodities provided that: (1) Applications are not made directly to the food commodity except when used as a harvest aid or desiccant to: any root and tuber vegetable, bulb vegetable or cotton. (2) When pelargonic acid is used as a harvest aid or desiccant, applications must be made no later than 24 hours prior to harvest. (c) An exemption from the requirement of a tolerance is established for residues of pelargonic acid in or on all raw agricultural commodities and in processed commodities, when such residues result from the use of pelargonic acid as an antimicrobial treatment in solutions containing a diluted end-use concentration of pelargonic acid up to 170 ppm per application on food contact surfaces such as equipment, pipelines, tanks, vats, �llers, evaporators, pasteurizers and aseptic equipment in restaurants, food service operations, dairies, breweries, wineries, beverage and food processing plants. https://www.federalregister.gov/citation/64-FR-31505 https://www.federalregister.gov/citation/64-FR-31505 https://www.federalregister.gov/citation/62-FR-28364 https://www.federalregister.gov/citation/64-FR-31505 https://www.federalregister.gov/citation/68-FR-7935 https://www.federalregister.gov/citation/61-FR-2121 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1184/1218 § 180.1161 Clari�ied hydrophobic extract of neem oil; exemption from the requirement of a tolerance. Clari�ed hydrophobic extract of neem oil is exempt from the requirement of a tolerance on all food commodities when used as a botanical fungicide/insecticide/miticide. [67 FR 43552, June 28, 2002] § 180.1162 Acrylate polymers and copolymers; exemption from the requirement of a tolerance. [61 FR 6551, Feb. 21, 1996] § 180.1163 Killed Myrothecium verrucaria; exemption from the requirement of a tolerance. Killed Myrothecium verrucaria is exempted from the requirement of a tolerance in or on all raw agricultural commodities when applied as a pre-seed or pre- or post-planting soil treatment alone or mixed with water and the mixed suspension be applied through drip or border irrigation systems and the indicator mycotoxin levels do not exceed 15 ppm. [61 FR 11315, Mar. 20, 1996, as amended at 61 FR 58332, Nov. 14, 1996] § 180.1165 Capsaicin; exemption from the requirement of a tolerance. Capsaicin is exempt from the requirement of a tolerance in or on all food commodities when used in accordance with approved label rates and good agricultural practice. [63 FR 39521, July 23, 1998] (a) Acrylate polymers and copolymers are exempt from the requirement of a tolerance when used as inert ingredients in pesticidal formulations applied to growing, raw agricultural commodities. This tolerance exemption covers the acrylate polymers/copolymers that are intrinsically safe and already listed in TSCA inventory or will meet the polymer tolerance exemption from requirements of premanufacturing noti�cation under 40 CFR 723.250. Polymers exempted can be used as dispensers, resins, �bers, and beads, as long as the �bers, beads and resins particle sizes are greater than 10 microns and insoluble in water. This exemption pertains to the acrylate polymers/copolymers used as inert ingredients for sprayable and dispenser pesticide formulations that are applied on food crops. Any acrylate polymers/copolymers used for encapsulating material must be cleared as an inert ingredient when used in pesticide formulation applied on food crops. (b) For the purposes of this exemption, acrylate polymers/copolymers used as inert ingredients in an end-use formulation must meet the de�nition for a polymer as given in 40 CFR 723.250(b), are not automatically excluded by 40 723.250(d), and meet the tolerance exemption criteria in 40 CFR 723.250(e)(1), 40 CFR 723.250 (e)(2) or 40 CFR 723.250(e)(3). Therefore, acrylate polymers and copolymers that are already listed in the TSCA inventory or will meet the polymer tolerance exemption under 40 CFR 723.250 as amended on March 29, 1995 are covered by this exemption. https://www.federalregister.gov/citation/67-FR-43552 https://www.federalregister.gov/citation/61-FR-6551 https://www.federalregister.gov/citation/61-FR-11315 https://www.federalregister.gov/citation/61-FR-58332 https://www.federalregister.gov/citation/63-FR-39521 https://www.ecfr.gov/current/title-40/section-723.250 https://www.ecfr.gov/current/title-40/section-723.250#p-723.250(b) https://www.ecfr.gov/current/title-40/section-723.250#p-723.250(e)(1) https://www.ecfr.gov/current/title-40/section-723.250#p-723.250(e)(2) https://www.ecfr.gov/current/title-40/section-723.250#p-723.250(e)(3) https://www.ecfr.gov/current/title-40/section-723.250 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1185/1218 § 180.1167 Allyl isothiocyanate as a component of food grade oil of mustard; exemption from the requirement of a tolerance. The insecticide and repellent Allyl isothiocyanate is exempt from the requirement of a tolerance for residues when used as a component of food grade oil of mustard, in or on all raw agricultural commodities, when applied according to approved labeling. [61 FR 24894, May 17, 1996] § 180.1176 Sodium bicarbonate; exemption from the requirement of a tolerance. The biochemical pesticide sodium bicarbonate is exempted from the requirement of a tolerance in or on all raw agricultural commodities when applied as a fungicide or post-harvest fungicide in accordance with good agricultural practices. [61 FR 67473, Dec. 23, 1996] § 180.1177 Potassium bicarbonate; exemption from the requirement of a tolerance. The biochemical pesticide potassium bicarbonate is exempted from the requirement of a tolerance in or on all raw agricultural commodities when applied as a fungicide or post-harvest fungicide in accordance with good agricultural practices. [61 FR 67473, Dec. 23, 1996] § 180.1178 Formic acid; exemption from the requirement of a tolerance. The pesticide formic acid is exempted from the requirement of a tolerance in or on honey and honeycomb when used to control tracheal mites and suppress varroa mites in bee colonies, and applied in accordance with label use directions. [74 FR 26535, June 3, 2009] § 180.1179 Plant extract derived from Opuntia lindheimeri, Quercus falcata, Rhus aromatica, and Rhizophoria mangle; exemption from the requirement of a tolerance. The biochemical pesticide plant extract derived from Opuntia lindheimeri, Quercus falcata, Rhus aromatica, and Rhizophoria mangle is exempted from the requirement of a tolerance in or on all raw agricultural commodities when applied as a nematicide/plant regulator in accordance with good agricultural practices. [62 FR 24842, May 7, 1997] § 180.1180 Kaolin; exemption from the requirement of a tolerance. Kaolin is exempted from the requirement of a tolerance for residues when used on or in food commodities to aid in the control of insects, fungi, and bacteria (food/feed use). [81 FR 34907, June 1, 2016] https://www.federalregister.gov/citation/61-FR-24894 https://www.federalregister.gov/citation/61-FR-67473 https://www.federalregister.gov/citation/61-FR-67473 https://www.federalregister.gov/citation/74-FR-26535 https://www.federalregister.gov/citation/62-FR-24842 https://www.federalregister.gov/citation/81-FR-34907 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1186/1218 § 180.1181 Bacillus cereus strain BPO1; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance for residues of the Bacillus cereus strain BPO1 in or on all raw agricultural commodities when applied/used in accordance with label directions. [67 FR 70017, Nov. 20, 2002] § 180.1187 L-glutamic acid; exemption from the requirement of a tolerance. L-glutamic acid is exempt from the requirement of a tolerance on all food commodities when used in accordance with good agricultural practices. [66 FR 33198, June 21, 2001] § 180.1188 Gamma aminobutyric acid; exemption from the requirement of a tolerance. Gamma aminobutyric acid is exempt from the requirement of a tolerance on all food commodities when used in accordance with good agricultural practices. [66 FR 33198, June 21, 2001] § 180.1189 Methyl salicylate; exemption from the requirement of a tolerance. The biochemical pesticide methyl salicylate is exempt from the requirement of a tolerance for residues in or on food or feed when used as an insect repellant in food packaging and animal feed packaging at an application rate that does not exceed 0.2 mg of methyl salicylate per square inch of packaging materials. [62 FR 61639, Nov. 19, 1997] § 180.1191 Ferric phosphate; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide, ferric phosphate (FePO , CAS No. 11045-86-0) in or on all food commodities. [62 FR 56105, Oct. 29, 1997] § 180.1193 Potassium dihydrogen phosphate; exemption from the requirement of a tolerance. Potassium dihydrogen phosphate is exempted from the requirement of a tolerance in or on all food commodities when applied as a fungicide in accordance with good agricultural practices. [63 FR 43085, Aug. 12, 1998] § 180.1195 Titanium dioxide. 4 https://www.federalregister.gov/citation/67-FR-70017 https://www.federalregister.gov/citation/66-FR-33198 https://www.federalregister.gov/citation/66-FR-33198 https://www.federalregister.gov/citation/62-FR-61639 https://www.federalregister.gov/citation/62-FR-56105 https://www.federalregister.gov/citation/63-FR-43085 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1187/1218 [82 FR 30997, July 5, 2017, as amended at 83 FR 8619, Feb. 28, 2018] § 180.1196 Peroxyacetic acid; exemption from the requirement of a tolerance. [74 FR 26535, June 3, 2009, as amended at 76 FR 11969, Mar. 4, 2011] § 180.1197 Hydrogen peroxide; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of hydrogen peroxide in or on all food commodities at the rate of ≤1% hydrogen peroxide per application on growing and postharvest crops. [67 FR 41844, June 20, 2002] § 180.1198 Gliocladium catenulatum strain J1446; exemption from the requirement of a tolerance. (a) Titanium dioxide (CAS Reg. No. 13463-67-7) is exempted from the requirement of a tolerance for residues in or on growing crops, when used as an inert ingredient (UV protectant) in microencapsulated formulations of the insecticide lambda cyhalothrin at no more than 3.0% by weight of the formulation and as an inert ingredient (UV stabilizer) at no more than 5% in pesticide formulations containing the active ingredient napropamide. (b) Residues of titanium dioxide (CAS Reg. No. 13463-67-7) in honey are exempted from the requirement of a tolerance, when used as an inert ingredient (colorant) in pesticide formulations intended for varroa mite control around bee hives at no more than 0.1% by weight in the pesticide formulation. (c) Titanium dioxide (CAS Reg. No. 13463-67-7) is exempted from the requirement of a tolerance for residues in or on growing crops, when used as an inert ingredient (colorant) in foliar applications at no more than 45% of the formulations containing anthraquinone. (a) An exemption from the requirement of a tolerance is established for residues of peroxyacetic acid in or on all food commodities, when such residues result from the use of peroxyacetic acid as an antimicrobial treatment in solutions containing a diluted end use concentration of peroxyacetic acid up to 100 ppm per application on fruits, vegetables, tree nuts, cereal grains, herbs, and spices. (b) An exemption from the requirement of a tolerance is established for residues of peroxyacetic acid, in or on all food commodities when used in sanitizing solutions containing a diluted end-use concentration of peroxyacetic acid up to 500 ppm, and applied to tableware, utensils, dishes, pipelines, tanks, vats, �llers, evaporators, pasteurizers, aseptic equipment, milking equipment, and other food processing equipment in food handling establishments including, but not limited to dairies, dairy barns, restaurants, food service operations, breweries, wineries, and beverage and food processing plants. (c) An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide peroxyacetic acid and its metabolites and degradates, including hydrogen peroxide and acetic acid, in or on all food commodities, when used in accordance with good agricultural practices. https://www.federalregister.gov/citation/82-FR-30997 https://www.federalregister.gov/citation/83-FR-8619 https://www.federalregister.gov/citation/74-FR-26535 https://www.federalregister.gov/citation/76-FR-11969 https://www.federalregister.gov/citation/67-FR-41844 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1188/1218 An exemption from the requirement of a tolerance is established for residues of the microbial pesticide, Gliocladium catenulatum strain J1446 when used in or on all food commodities. [63 FR 37288, July 10, 1998] § 180.1199 Lysophosphatidylethanolamine (LPE); exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide lysophosphatidylethanolamine in or on all food commodities. [67 FR 17636, Apr. 11, 2002] § 180.1202 Bacillus sphaericus; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the microbial pesticides, Bacillus sphaericus when used in or on all food crops. [63 FR 48597, Sept. 11, 1998] § 180.1204 Harpin protein; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of individual harpin proteins that meet speci�ed physiochemical and toxicological criteria when used as biochemical pesticides on all food commodities to enhance plant growth, quality and yield, to improve overall plant health, and to aid in pest management. The physiochemical and toxicological criteria identifying harpin proteins are as follows: [69 FR 24996, May 5, 2004] § 180.1205 Beauveria bassiana ATCC #74040; exemption from the requirements of a tolerance. (a) Consists of a protein less than 100 kD in size, that is acidic (pI<7.0), glycine rich (>10%), and contains no more than one cystine residue. (b) The source(s) of genetic material encoding the protein are bacterial plant pathogens not known to be mammalian pathogens. (c) Elicits the hypersensitive response (HR) which is characterized as rapid, localized cell death in plant tissue after in�ltration of harpin into the intercellular spaces of plant leaves. (d) Possesses a common secondary structure consisting of α and β units that form an HR domain. (e) Is heat stable (retains HR activity when heated to 65 °C for 20 minutes). (f) Is readily degraded by a proteinase representative of environmental conditions (no protein fragments >3.5 kD after 15 minutes degradation with Subtilisin A). (g) Exhibits a rat acute oral toxicity (LD ) of greater than 5,000 mg product/kg body weight.50 https://www.federalregister.gov/citation/63-FR-37288 https://www.federalregister.gov/citation/67-FR-17636 https://www.federalregister.gov/citation/63-FR-48597 https://www.federalregister.gov/citation/69-FR-24996 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1189/1218 An exemption from the requirement of a tolerance is established for residues of the insecticide Beauveria bassiana (ATCC #74040) in or on all food commodities when applied or used as ground and aerial foliar sprays for use only on terrestrial crops. [64 FR 22796, Apr. 28, 1999] § 180.1206 Aspergillus �avus AF36; exemption from the requirement of a tolerance. [68 FR 41541, July 14, 2003, as amended at 72 FR 28871, May 23, 2007; 72 FR 72965, Dec. 26, 2007; 74 FR 26535, 26546, June 3, 2009; 76 FR 16301, Mar. 23, 2011; 77 FR 14291, Mar. 9, 2012; 81 FR 1894, Jan. 14, 2016; 82 FR 14632, Mar. 22, 2017] § 180.1207 N-acyl sarcosines and sodium N-acyl sarcosinates; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the following substances when used as inert ingredients (surfactants) at levels not to exceed 10% in pesticide formulations containing glyphosate: N-acyl sarcosines N-cocoyl sarcosine mixture 68411-97-2 N-lauroyl sarcosine 97-78-9 (a) An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Aspergillus �avus AF36 in or on cotton, gin byproducts; cotton, hulls; cotton, meal; cotton, re�ned oil; cotton, undelinted seed. (b) An exemption from the requirement of a tolerance is established for residues of Aspergillus �avus AF36 in or on pistachio when applied as an antifungal agent and used in accordance with good agricultural practices. (c) An exemption from the requirement of a tolerance is established for residues of Aspergillus �avus AF36 in or on corn, �eld, forage; corn, �eld, grain; corn, �eld, stover; corn, �eld, aspirated grain fractions; corn, sweet, kernel plus cob with husk removed; corn, sweet, forage; corn, sweet, stover; corn, pop, grain; and corn, pop, stover, when applied/used as an antifungal agent. (d) Section 18 emergency exemptions. A time-limited exemption from the requirement of a tolerance is established for residues of Aspergillus �avus AF36, in or on dried �gs, resulting from use of the pesticide pursuant to a FIFRA section 18 emergency exemption. This time-limited exemption from the requirement of a tolerance for residues of Aspergillus �avus AF36 in or on dried �gs will expire and is revoked on December 31, 2017. (e) An exemption from the requirement of a tolerance is established for residues of Aspergillus �avus AF36 in or on almond and �g when used in accordance with label directions and good agricultural practices. Name CAS Reg. No. https://www.federalregister.gov/citation/64-FR-22796 https://www.federalregister.gov/citation/68-FR-41541 https://www.federalregister.gov/citation/72-FR-28871 https://www.federalregister.gov/citation/72-FR-72965 https://www.federalregister.gov/citation/74-FR-26535 https://www.federalregister.gov/citation/74-FR-26546 https://www.federalregister.gov/citation/76-FR-16301 https://www.federalregister.gov/citation/77-FR-14291 https://www.federalregister.gov/citation/81-FR-1894 https://www.federalregister.gov/citation/82-FR-14632 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1190/1218 N-myristoyl sarcosine 52558-73-3 N-oleoyl sarcosine 110-25-8 N-stearoyl sarcosine 142-48-3 Sodium N-acyl sarcosinates N-cocoyl sarcosine sodium salt mixture 61791-59-1 N-methyl-N-(1-oxo-9-octodecenyl) glycine 3624-77-9 N-methyl-N-(1-oxododecyl) glycine 137-16-6 N-methyl-N-(1-oxooctadecyl) glycine 5136-55-0 N-methyl-N-(1-oxotetradecyl glycine 30364-51-3 [64 FR 68046, Dec. 6, 1999] ยง 180.1209 Bacillus subtilis strain QST 713 and strain QST 713 variant soil; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the microbial pesticides Bacillus subtilis strain QST 713 and strain QST 713 variant soil when used in or on all food commodities. [77 FR 73937, Dec. 12, 2012] ยง 180.1210 Phosphorous acid; exemption from the requirement of a tolerance. [83 FR 3605, Jan. 26, 2018] ยง 180.1212 Pseudomonas chlororaphis Strain 63-28; exemption from the requirement of a tolerance. (a) An exemption from the requirement of a tolerance is established for residues of phosphorous acid and its ammonium, sodium and potassium salts in or on all food commodities when used as an agricultural fungicide and in or on potatoes when applied as a post-harvest treatment at 35,600 ppm or less phosphorous acid. (b) An exemption from the requirement of a tolerance is established for residues of calcium salts of phosphorous acid, including its metabolites and degradates, in or on all food commodities when used as a fungicide or as a systemic acquired resistance (SAR) inducer. Name CAS Reg. No. https://www.federalregister.gov/citation/64-FR-68046 https://www.federalregister.gov/citation/77-FR-73937 https://www.federalregister.gov/citation/83-FR-3605 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1191/1218 An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Pseudomonas chlororaphis Strain 63-28 in or on all food commodities. [66 FR 53346, Oct. 22, 2001] § 180.1213 Coniothyrium minitans strain CON/M/91-08; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Coniothyrium minitans strain CON/M/91-08 when used in or on all food commodities. [66 FR 16874, Mar. 28, 2001] § 180.1218 Indian Meal Moth Granulosis Virus; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Indian Meal Moth Granulosis Virus when used in or on all food commodities. [68 FR 55875, Sept. 29, 2003] § 180.1219 Foramsulfuron; exemption from the requirement of a tolerance. The pesticide foramsulfuron is exempted from the requirement of a tolerance in corn, �eld, grain/corn, �eld, forage/ corn, �eld, stover/corn, pop, grain/corn, pop, forage/corn, pop, stover; corn, sweet, forage; corn, sweet, kernel plus cob with husks removed; corn, sweet, stover when applied as a herbicide in accordance with good agricultural practices. [74 FR 26535, June 3, 2009] § 180.1220 1-Methylcyclopropene; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the 1 Methylcyclopropene in or on fruits and vegetables when: [73 FR 19150, Apr. 9, 2008] § 180.1222 Sucrose octanoate esters; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of sucrose octanoate esters [(α-D-glucopyranosyl-β-D-fructofuranosyl-octanoate), mono-, di-, and triesters of sucrose octanoate] in or on all food commodities when used in accordance with good agricultural practices. [67 FR 60152, Sept. 25, 2002] (a) Used as a post harvest plant growth regulator, i.e., for the purpose of inhibiting the effects of ethylene. (b) Applied or used outdoors for pre-harvest treatments. https://www.federalregister.gov/citation/66-FR-53346 https://www.federalregister.gov/citation/66-FR-16874 https://www.federalregister.gov/citation/68-FR-55875 https://www.federalregister.gov/citation/74-FR-26535 https://www.federalregister.gov/citation/73-FR-19150 https://www.federalregister.gov/citation/67-FR-60152 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1192/1218 § 180.1223 Imazamox; exemption from the requirement of a tolerance. The herbicide imazamox, (±) 2, -[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-5 (methoxymethyl)-3-pyridinecarboxylic acid, is exempt from the requirement of a tolerance on all food commodities when applied as a herbicide in accordance with good agricultural practices. [68 FR 7433, Feb. 14, 2003] § 180.1224 Bacillus pumilus GB34; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Bacillus pumilus GB34 when used as a seed treatment in or on all food commodities. An exemption is also granted for such residues on treated but unplanted soybean seeds. [69 FR 76625, Dec. 22, 2004] § 180.1225 Decanoic acid; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of decanoic acid in or on all raw agricultural commodities and in processed commodities, when such residues result from the use of decanoic acid as an antimicrobial treatment in solutions containing a diluted end-use concentration of decanoic acid (up to 170 ppm per application) on food contact surfaces such as equipment, pipelines, tanks, vats, �llers, evaporators, pasteurizers and aseptic equipment in restaurants, food service operations, dairies, breweries, wineries, beverage and food processing plants. [68 FR 7939, Feb. 19, 2003; 68 FR 17308, Apr. 9, 2003] § 180.1226 Bacillus pumilus strain QST2808; temporary exemption from the requirement of a tolerance. A temporary exemption from the requirement of a tolerance is established for residues of the microbial pesticide Bacillus pumilus strain QST2808 when used in or on all agricultural commodities when applied/used in accordance with label directions. [68 FR 36480, June 18, 2003] § 180.1228 Diallyl sul�ides; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of diallyl sul�des when used in/on garlic, leeks, onions, and shallots. [68 FR 40808, July 9, 2003] § 180.1230 Ferrous sulfate; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of ferrous sulfate. [70 FR 33363, June 8, 2005] https://www.federalregister.gov/citation/68-FR-7433 https://www.federalregister.gov/citation/69-FR-76625 https://www.federalregister.gov/citation/68-FR-7939 https://www.federalregister.gov/citation/68-FR-17308 https://www.federalregister.gov/citation/68-FR-36480 https://www.federalregister.gov/citation/68-FR-40808 https://www.federalregister.gov/citation/70-FR-33363 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1193/1218 § 180.1231 Lime; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of lime. [70 FR 33363, June 8, 2005] § 180.1232 Lime-sulfur; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of lime-sulfur. [70 FR 33363, June 8, 2005] § 180.1233 Potassium sorbate; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of potassium sorbate. [70 FR 33363, June 8, 2005] § 180.1234 Sodium carbonate; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of sodium carbonate. [70 FR 33363, June 8, 2005] § 180.1235 Sodium hypochlorite; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of sodium hypochlorite. [70 FR 33363, June 8, 2005] § 180.1236 Sulfur; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of sulfur. [70 FR 33363, June 8, 2005] § 180.1237 Sodium metasilicate; exemption from the requirement of a tolerance. [71 FR 19441, Apr. 14, 2006] (a) An exemption from the requirement of a tolerance is established for residues of sodium metasilicate in or on all food commodities when used in accordance with approved label rates and good agricultural practices as a plant desiccant, so long as the sodium metasilicate does not exceed 4% by weight in aqueous solution. (b) An exemption from the requirement of a tolerance is established for residues of sodium metasilicate in or on all food commodities when used in accordance with approved label rates and good agricultural practices as an insecticide and fungicide, so long as the sodium metasilicate does not exceed 2.41% by weight in aqueous solution. https://www.federalregister.gov/citation/70-FR-33363 https://www.federalregister.gov/citation/70-FR-33363 https://www.federalregister.gov/citation/70-FR-33363 https://www.federalregister.gov/citation/70-FR-33363 https://www.federalregister.gov/citation/70-FR-33363 https://www.federalregister.gov/citation/70-FR-33363 https://www.federalregister.gov/citation/71-FR-19441 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1194/1218 § 180.1240 Thymol; exemption from the requirement of a tolerance. [70 FR 37696, June 30, 2005, as amended at 71 FR 2895, Jan. 18, 2006; 74 FR 12617, Mar. 25, 2009] § 180.1243 Bacillus subtilis var. amyloliquefaciens strain FZB24; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance for residues of the Bacillus subtilis var. amyloliquefaciens strain FZB24 in or on all agricultural commodities when applied/used in accordance with label directions. [68 FR 44640, July 30, 2003] § 180.1244 Ammonium bicarbonate; exemption from the requirement of a tolerance. An exemption from the requirement of tolerance is established for residues of ammonium bicarbonate used in or on all food commodities when used in accordance with good agricultural practices. [69 FR 13745, Mar. 24, 2004] § 180.1245 Rhamnolipid biosurfactant; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of rhamnolipid biosurfactant when used in accordance with good agricultural practices as a fungicide in or on all food commodities. [69 FR 16800, Mar. 31, 2004] § 180.1246 Yeast Extract Hydrolysate from Saccharomyces cerevisiae: exemption from the requirement of a tolerance. This regulation establishes an exemption from the requirement of a tolerance for residues of the biochemical pesticide Yeast Extract Hydrolysate from Saccharomyces cerevisiae on all food commodities when applied/used for the management of plant diseases. [69 FR 9958, Mar. 3, 2004] (a) Time-limited exemptions from the requirement of a tolerance are established for residues of thymol on honey and honeycomb in connection with use of the pesticide under section 18 emergency exemptions granted by the EPA. These time-limited exemptions from the requirement of a tolerance for residues of thymol will expire and are revoked on June 30, 2007. (b) An exemption from the requirement of a tolerance for residues of the thymol (as present in thyme oil) in or on food commodities when applied/used in/on public eating places, dairy processing equipment, and/or food processing equipment and utensils. https://www.federalregister.gov/citation/70-FR-37696 https://www.federalregister.gov/citation/71-FR-2895 https://www.federalregister.gov/citation/74-FR-12617 https://www.federalregister.gov/citation/68-FR-44640 https://www.federalregister.gov/citation/69-FR-13745 https://www.federalregister.gov/citation/69-FR-16800 https://www.federalregister.gov/citation/69-FR-9958 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1195/1218 § 180.1248 Exemption of citronellol from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide citronellol in or on all food commodities. [69 FR 23146, Apr. 28, 2004] § 180.1250 C8, C10, and C12 fatty acid monoesters of glycerol and propylene glycol; exemption from the requirement of a tolerance. The C8, C10, and C12 straight-chain fatty acid monoesters of glycerol (glycerol monocaprylate, glycerol monocaprate, and glycerol monolaurate) and propylene glycol (propylene glycol monocaprylate, propylene glycol monocaprate, and propylene glycol monolaurate) are exempt from the requirement of a tolerance in or on all food commodities when used in accordance with approved label rates and good agricultural practice. [69 FR 34944, June 23, 2004] § 180.1251 Geraniol; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide geraniol in or on all food commodities. [69 FR 23151, Apr. 28, 2004] § 180.1253 Streptomyces lydicus WYEC 108; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Streptomyces lydicus WYEC 108 when used in or on all agricultural commodities when applied/used in accordance with label directions. [69 FR 31301, June 3, 2004] § 180.1254 Aspergillus �avus NRRL 21882; exemption from the requirement of a tolerance. Residues of Aspergillus �avus NRRL 21882 are exempt from the requirement of a tolerance in or on all food and feed commodities of almond; corn, �eld; corn, pop; corn, sweet; peanut; and pistachio when used in accordance with label directions and good agricultural practices. [85 FR 60370, Sept. 25, 2020] § 180.1255 Bacillus pumilus strain QST 2808; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Bacillus pumilus strain QST 2808 when used in or on all agricultural commodities when applied/used in accordance with label directions. https://www.federalregister.gov/citation/69-FR-23146 https://www.federalregister.gov/citation/69-FR-34944 https://www.federalregister.gov/citation/69-FR-23151 https://www.federalregister.gov/citation/69-FR-31301 https://www.federalregister.gov/citation/85-FR-60370 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1196/1218 [69 FR 63954, Nov. 3, 2004] § 180.1257 Purpureocillium lilacinum strain 251; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Purpureocillium lilacinum strain 251 in or on all food commodities when applied/used in accordance with label directions and good agricultural practices. [84 FR 70022, Dec. 20, 2019] § 180.1258 Acetic acid; exemption from the requirement of a tolerance. [75 FR 40741, July 14, 2010] § 180.1259 Reynoutria sachalinensis extract; exemption from the requirement of a tolerance. Residues of the biochemical pesticide Reynoutria sachalinensis extract, when derived from the whole plant extract, are exempt from the requirement of a tolerance in or on all food commodities. [70 FR 55277, Sept. 21, 2005] § 180.1260 Muscodor albus QST 20799 and the volatiles produced on rehydration; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established on all food/feed commodities, for residues of Muscodor albus QST 20799, and the volatiles produced on its rehydration, when the pesticide is used for all agricultural applications, including seed, propagule and post harvest treatments. [70 FR 56576, Sept. 28, 2005] § 180.1261 Xanthomonas campestris pv. vesicatoria and Pseudomonas syringae pv. tomato speci�ic Bacteriophages. (a) An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide acetic acid when used as a preservative on post-harvest agricultural commodities intended for animal feed, including Alfalfa, seed; alfalfa, hay; barley, grain; bermudagrass, hay; bluegrass, hay; bromegrass, hay; clover, hay; corn, �eld, grain; corn, pop, grain; cowpea, hay; fescue, hay; lespedeza, hay; lupin; oat, grain; orchardgrass, hay; peanut, hay; timothy, hay; vetch, hay; and wheat, grain, or commodities described as grain or hay. (b) An exemption from the requirement of a tolerance is established for residues of acetic acid in or on all food crops resulting from unintentional spray and drift to non-target vegetation including non-food, food and feed crops when used as a non-selective contact herbicide spray. https://www.federalregister.gov/citation/69-FR-63954 https://www.federalregister.gov/citation/84-FR-70022 https://www.federalregister.gov/citation/75-FR-40741 https://www.federalregister.gov/citation/70-FR-55277 https://www.federalregister.gov/citation/70-FR-56576 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1197/1218 An exemption from the requirement of a tolerance is established for residues of Xanthomonas campestris pv. vesicatoria and Pseudomonas syringae pv. tomato speci�c bacteriophages in or on pepper and tomato. [74 FR 26536, June 3, 2009] § 180.1262 Sorbitol octanoate; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of sorbitol octanoate in or on all food commodities when used in accordance with label directions. [71 FR 4518, Jan. 27, 2006] § 180.1263 Tetrahydrofurfuryl alcohol; exemption from the requirement of a tolerance. Tetrahydrofurfuryl alcohol (THFA, CAS Reg. No. 97-99-4) is exempt from the requirement of a tolerance in or on all raw agricultural commodities when used in accordance with good agricultural practices as an inert ingredient applied only: [71 FR 45415, Aug. 9, 2006, as amended at 83 FR 53002, Oct. 19, 2018] § 180.1267 Pantoea agglomerans strain C9-1; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Pantoea agglomerans strain C9-1 when used on apples and pears. [71 FR 24596, Apr. 26, 2006] § 180.1268 Potassium silicate; exemption from the requirement of a tolerance. Potassium silicate is exempt from the requirement of a tolerance in or on all food commodities so long as the potassium silicate is not applied at rates exceeding 1% by weight in aqueous solution and when used in accordance with good agricultural practices. [71 FR 34272, June 14, 2006] (a) For use as a seed treatment. (b) For applications prior to planting and at the time of planting. (c) For use on cotton. (d) For use in herbicides with one application to wheat, buckwheat, barley, oats, rye, sorghum, triticale, rice, and wild rice prior to the pre-boot stage. (e) For use in herbicides with two applications to �eld corn and popcorn up to 36 inches tall (V8 stage). (f) For use in herbicides with two applications to canola prior to the early bolting stage. (g) For use in herbicides with two applications to soybeans prior to the bloom growth stage. https://www.federalregister.gov/citation/74-FR-26536 https://www.federalregister.gov/citation/71-FR-4518 https://www.federalregister.gov/citation/71-FR-45415 https://www.federalregister.gov/citation/83-FR-53002 https://www.federalregister.gov/citation/71-FR-24596 https://www.federalregister.gov/citation/71-FR-34272 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1198/1218 § 180.1269 Bacillus mycoides isolate J; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus mycoides isolate J in or on all agricultural commodities when used in accordance with label directions and good agricultural practices. [81 FR 67922, Oct. 3, 2016] § 180.1270 Isophorone; exemption from the requirement of a tolerance. Isophorone (CAS Reg. No. 78-59-1) is exempt from the requirement of a tolerance when used as an inert ingredient in pesticide formulations applied to beets, ginseng, rice, spinach, sugar beets, and Swiss chard. [71 FR 45408, Aug. 9, 2006] § 180.1271 Eucalyptus oil; exemption from the requirement of a tolerance. An exemption from the requirement of tolerance is established for residues of eucalyptus oil in or on honey, honeycomb, and honeycomb with honey when used at 2g or less eucalyptus oil per hive, where the eucalyptus oil contains 80% or more eucalyptol. [71 FR 53979, Sept. 13, 2006] § 180.1272 Pantoea agglomerans strain E325; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Pantoea agglomerans strain E325 when used on apples and pears. [71 FR 54933, Sept. 20, 2006] § 180.1273 Beauveria bassiana HF23; exemption from the requirement of a tolerance. Residues of Beauveria bassiana HF23 are exempt from the requirement of a tolerance on all food/feed commodities, when the pesticide is used for the treatment of chicken and livestock facilities, including the treatment of chicken and livestock manure. [75 FR 10190, Mar. 5, 2010] § 180.1274 Tris (2-ethylhexyl) phosphate; exemption from the requirement of a tolerance. Tris (2-ethylhexyl) phosphate (TEHP, CAS Reg. No. 78-42-2) is exempt from the requirement of a tolerance for residues in grain, aspirated fractions; barley, grain, barley, hay, barley, straw; wheat, grain; wheat, forage; wheat, hay; wheat, straw when used under the following conditions: (a) The use is in accordance with good agricultural practices; https://www.federalregister.gov/citation/81-FR-67922 https://www.federalregister.gov/citation/71-FR-45408 https://www.federalregister.gov/citation/71-FR-53979 https://www.federalregister.gov/citation/71-FR-54933 https://www.federalregister.gov/citation/75-FR-10190 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1199/1218 [72 FR 5624, Feb. 7, 2007, as amended at 74 FR 26536, June 3, 2009] § 180.1275 Pythium oligandrum DV 74; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established on all food/feed commodities for residues of Pythium oligandrum DV 74 when the pesticide is used on food crops. [81 FR 34907, June 1, 2016] § 180.1276 Tobacco mild green mosaic tobamovirus strain U2; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Tobacco mild green mosaic tobamovirus strain U2 in or on all commodities of crop groups 17 and 18 when applied as a post-emergent herbicide and used in accordance with label directions and good agricultural practices. [79 FR 75756, Dec. 19, 2014] § 180.1277 Dibasic esters; exemption from the requirement of a tolerance. Dibasic esters (CAS Reg. No. 95481-62-2) is exempted from the requirement of a tolerance for residues when used as an inert ingredient (solvent and/or anti-freeze) at 10% W/W or less in microencapsulated pesticide formulations with the active ingredient cy�uthrin. [73 FR 10398, Feb. 27, 2008] § 180.1278 Quillaja saponaria extract (saponins); exemption from the requirement of a tolerance. Residues of the biochemical pesticide Quillaja saponaria extract (saponins) are exempt from the requirement of a tolerance in or on all food commodities. [72 FR 41935, Aug. 1, 2007] § 180.1280 Poly(hexamethylenebiguanide) hydrochloride (PHMB); exemption from the requirement of a tolerance. Poly(hexamethylenebiguanide) hydrochloride (PHMB)(CAS Reg. No. 32289-58-0) is exempt from the requirement of a tolerance for residues of the antimicrobial in or on all food commodities when the residues are the result of the lawful application of a food contact surface sanitizer containing PHMB at 550 parts per million (ppm). (b) Tris (2-ethylhexyl) phosphate is used as an inert ingredient in pesticide formulations with the active ingredients pinoxaden, clodinafop-propargyl, and tralkoxydium; (c) Tris (2-ethylhexyl) phosphate is applied no more than twice per season; and (d) The applications occur no later than the pre-boot stage (prior to formation of edible grain). https://www.federalregister.gov/citation/72-FR-5624 https://www.federalregister.gov/citation/74-FR-26536 https://www.federalregister.gov/citation/81-FR-34907 https://www.federalregister.gov/citation/79-FR-75756 https://www.federalregister.gov/citation/73-FR-10398 https://www.federalregister.gov/citation/72-FR-41935 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1200/1218 [73 FR 1517, Jan. 9, 2008] § 180.1281 S-Abscisic Acid, (S)-5-(1-hydroxy-2,6,6-trimethyl-4-oxo-1-cyclohex-2 enyl)-3-methyl-penta-(2Z,4E)-dienoic Acid; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of S-Abscisic Acid in or on all food commodities when applied or used preharvest as a plant regulator. [75 FR 11744, Mar. 12, 2010] § 180.1282 Bacillus �irmus I-1582; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established in/on all food/feed commodities, for residues of Bacillus �rmus I-1582 when used as a soil application or seed treatment. [73 FR 25528, May 7, 2008] § 180.1283 (Z)-7,8-epoxy-2-methyloctadecane (Disparlure); exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of (Z)-7,8-epoxy-2 methyloctadecane on all food and feed crops that occur when it is used to treat trees, shrubs, and pastures and such use results in unintentional spray and drift to non-target vegetation including non-food, food, and feed crops. This active ingredient is also known as Disparlure. [73 FR 33714, June 13, 2008] § 180.1284 Ammonium salts of higher fatty acids (C -C saturated; C -C unsaturated); exemption from the requirement of a tolerance. Ammonium salts of C -C saturated and C -C unsaturated higher fatty acids are exempted from the requirement of a tolerance for residues in or on all food commodities when used in accordance with good agricultural practice. [74 FR 47457, Sept. 16, 2009] § 180.1285 Polyoxin D zinc salt; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the residues of polyoxin D zinc salt in or on all food commodities when applied as a fungicide and used in accordance with good agricultural practices. [77 FR 56133, Sept. 12, 2012] § 180.1287 Extract of Chenopodium ambrosioides near ambrosioides exemption from the requirement of a tolerance. 8 18 8 12 8 18 8 12 https://www.federalregister.gov/citation/73-FR-1517 https://www.federalregister.gov/citation/75-FR-11744 https://www.federalregister.gov/citation/73-FR-25528 https://www.federalregister.gov/citation/73-FR-33714 https://www.federalregister.gov/citation/74-FR-47457 https://www.federalregister.gov/citation/77-FR-56133 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1201/1218 An exemption from the requirement of a tolerance is established for the residues of Extract of Chenopodium ambrosioides near ambrosioides when used as an insecticide/acaricide on all food commodities. [74 FR 634, Jan. 7, 2009] § 180.1288 Tristyrylphenol ethoxylates; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of poly(oxy-1,2 ethanediyl), α-[2,4,6-tris(1-phenylethyl)phenyl]-ω-hydroxy-, (CAS Reg. No. 70559-25-0) and poly(oxy 1,2-ethanediyl), α-[tris(1-phenylethyl)phenyl]-ω-hydroxy-, (CAS Reg. No. 99734-09-5) on citrus crops, group 10, when used as inert ingredients under the following conditions: [74 FR 12625, Mar. 25, 2009] § 180.1289 Candida oleophila Strain O; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the residues of the microbial pesticide, Candida oleophila Strain O, on apples and pears when applied/used as a post-harvest biofungicide. [74 FR 22464, May 13, 2009] § 180.1290 Pasteuria usgae; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Pasteuria usgae in or on all food commodities when applied preharvest and used as a nematicide in accordance with good agricultural practices. [75 FR 37737, June 30, 2010] § 180.1291 Cold pressed neem oil; exemption from the requirement of a tolerance. Residues of the biochemical pesticide cold pressed neem oil are exempt from the requirement of a tolerance in or on all food commodities. [74 FR 55463, Oct. 28, 2009] § 180.1292 Ulocladium oudemansii (U3 Strain); exemption from the requirement of a tolerance. (a) They are applied post-harvest; (b) They are used as inert ingredients in pesticide formulations with azoxystrobin and �udioxonil; and (c) They constitute no more than 10.0% of the formulated pesticide product. https://www.federalregister.gov/citation/74-FR-634 https://www.federalregister.gov/citation/74-FR-12625 https://www.federalregister.gov/citation/74-FR-22464 https://www.federalregister.gov/citation/75-FR-37737 https://www.federalregister.gov/citation/74-FR-55463 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1202/1218 An exemption from the requirement of a tolerance is established in/on all food commodities for residues of Ulocladium oudemansii (U3 Strain), when applied or used pre-harvest-only, excluding applications made post-harvest or to processed commodities, as a microbial fungicide in accordance with good agricultural practices. [74 FR 55458, Oct. 28, 2009] § 180.1293 Trichoderma gamsii strain ICC 080; exemption from the requirement of a tolerance. Trichoderma gamsii strain ICC 080 is exempted from the requirement of a tolerance in or on all food and feed commodities when applied preharvest and used in accordance with good agricultural practices. [75 FR 8507, Feb. 25, 2010] § 180.1294 Trichoderma asperellum strain ICC 012; exemption from the requirement of a tolerance. Trichoderma asperellum strain ICC 012 is exempted from the requirement of a tolerance in or on all food and feed commodities when applied pre-harvest and used in accordance with good agricultural practices. [75 FR 9530, Mar. 3, 2010] § 180.1295 Laminarin; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of laminarin in or on all food commodities when laminarin is applied preharvest. [75 FR 8256, Feb. 24, 2010] § 180.1296 Terpene Constituents α-terpinene, d-limonene and p-cymene, of the Extract of Chenopodium ambrosioides near ambrosioides as Synthetically Manufactured; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the residues of the biochemical pesticide Terpene Constituents α-terpinene, d-limonene and p-cymene, of the Extract of Chenopodium ambrosioides near ambrosioides as Synthetically Manufactured when used as an insecticide/acaricide in or on all food commodities. [75 FR 39455, July 9, 2010] § 180.1297 Homobrassinolide; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the residues of homobrassinolide in or on all food commodities when applied/used as a plant growth regulator in accordance with good agricultural practices. [75 FR 39459, July 9, 2010] https://www.federalregister.gov/citation/74-FR-55458 https://www.federalregister.gov/citation/75-FR-8507 https://www.federalregister.gov/citation/75-FR-9530 https://www.federalregister.gov/citation/75-FR-8256 https://www.federalregister.gov/citation/75-FR-39455 https://www.federalregister.gov/citation/75-FR-39459 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1203/1218 § 180.1298 Trichoderma hamatum isolate 382; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Trichoderma hamatum isolate 382 in or on all food commodities when applied as a fungicide and used in accordance with good agricultural practices. [75 FR 43076, July 23, 2010] § 180.1299 Prohydrojasmon; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide prohydrojasmon (PDJ), propyl-3-oxo-2-pentylcyclo-pentylacetate, when used as a plant growth regulator in or on apple and grape pre-harvest, in accordance with label directions and good agricultural practices. [78 FR 75257, Dec. 11, 2013] § 180.1300 Potassium hypochlorite; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of potassium hypochlorite in or on all commodities. [76 FR 11343, Mar. 2, 2011] § 180.1301 Escherichia coli O157:H7 speci�ic bacteriophages; temporary exemption from the requirement of a tolerance. A temporary exemption from the requirement of a tolerance is established for residues of lytic bacteriophages that are speci�c to Escherichia coli O157:H7, sequence negative for shiga toxins I and II, and grown on atoxigenic host bacteria when used/applied on food contact surfaces in food processing plants in accordance with the terms of Experimental Use Permit (EUP) No. 74234-EUP 2. This temporary exemption expires on April 1, 2013. [76 FR 20546, Apr. 13, 2011] § 180.1302 Sodium Ferric Ethylenediaminetetraacetate (EDTA); exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of sodium ferric EDTA in or on all food commodities when applied as a molluscicide and used in accordance with good agricultural practices. [76 FR 17561, Mar. 30, 2011] § 180.1303 Metarhizium anisopliae strain F52; exemption from the requirement of a tolerance. https://www.federalregister.gov/citation/75-FR-43076 https://www.federalregister.gov/citation/78-FR-75257 https://www.federalregister.gov/citation/76-FR-11343 https://www.federalregister.gov/citation/76-FR-20546 https://www.federalregister.gov/citation/76-FR-17561 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1204/1218 An exemption from the requirement of a tolerance is established for residues of Metarhizium anisopliae strain F52 in or on all food commodities when applied as an insecticide, miticide, or ixodicide and used in accordance with good agricultural practices. [76 FR 26198, May 6, 2011] § 180.1304 Pseudomonas �uorescens strain CL145A; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Pseudomonas �uorescens strain CL145A in or on all food commodities when applied as a molluscicide. [76 FR 52875, Aug. 24, 2011] § 180.1305 Chromobacterium subtsugae strain PRAA4-1 exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Chromobacterium subtsugae strain PRAA4-1 in or on all food commodities when applied as an insecticide or miticide and used in accordance with good agricultural practices. [76 FR 55272, Sept. 7, 2011] § 180.1306 Isaria fumosorosea (formerly Paecilomyces fumosoroseus) Apopka strain 97; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Isaria fumosorosea (formerly Paecilomyces fumosoroseus) Apopka strain 97 in or on all food commodities when applied as an insecticide or miticide and used in accordance with good agricultural practices. [76 FR 59905, Sept. 28, 2011] § 180.1307 Bacteriophage of Clavibacter michiganensis subspecies michiganensis; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of lytic bacteriophage of Clavibacter michiganensis subspecies michiganensis produced in Clavibacter michiganensis subspecies michiganensis in or on tomato when applied as a bactericide in accordance with good agricultural practices. [76 FR 66192, Oct. 26, 2011] § 180.1308 Bacillus amyloliquefaciens strain D747; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the microbial pesticide, Bacillus amyloliquefaciens strain D747 in or on all food commodities when used in accordance with good agricultural practices. [77 FR 749, Jan. 6, 2012. Redesignated at 77 FR 2911, Jan. 20, 2012] T T https://www.federalregister.gov/citation/76-FR-26198 https://www.federalregister.gov/citation/76-FR-52875 https://www.federalregister.gov/citation/76-FR-55272 https://www.federalregister.gov/citation/76-FR-59905 https://www.federalregister.gov/citation/76-FR-66192 https://www.federalregister.gov/citation/77-FR-749 https://www.federalregister.gov/citation/77-FR-2911 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1205/1218 § 180.1309 Bacillus subtilis strain CX-9060; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Bacillus subtilis strain CX-9060, in or on all food commodities, when applied or used in accordance with good agricultural practices. [77 FR 1637, Jan. 11, 2012] § 180.1310 Trichoderma virens strain G-41; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Trichoderma virens strain G-41, in or on all food commodities, when applied as a fungicide and used in accordance with good agricultural practices. [77 FR 4908, Feb. 1, 2012] § 180.1311 Pasteuria nishizawae - Pn1; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Pasteuria nishizawae - Pn1 in or on all food commodities when applied as a nematicide and used in accordance with good agricultural practices. [77 FR 8741, Feb. 15, 2012] § 180.1312 Aureobasidium pullulans strains DSM 14940 and DSM 14941; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Aureobasidium pullulans strains DSM 14940 and DSM 14941 in or on all food commodities when used in accordance with label directions and good agricultural practices. [80 FR 73662, Nov. 25, 2015] § 180.1313 Bacillus pumilus strain GHA 180; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus pumilus strain GHA 180 in or on all food commodities when used in accordance with good agricultural practices. [77 FR 19112, Mar. 30, 2012] § 180.1314 Killed, nonviable Streptomyces acidiscabies strain RL-110 exemption from the requirement of a tolerance. T https://www.federalregister.gov/citation/77-FR-1637 https://www.federalregister.gov/citation/77-FR-4908 https://www.federalregister.gov/citation/77-FR-8741 https://www.federalregister.gov/citation/80-FR-73662 https://www.federalregister.gov/citation/77-FR-19112 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1206/1218 An exemption from the requirement of a tolerance is established for residues of killed, nonviable Streptomyces acidiscabies strain RL-110 in or on all food commodities when applied as a pre- or post-emergent herbicide and used in accordance with good agricultural practices. [77 FR 35295, June 13, 2012] § 180.1315 Natamycin; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the residues of natamycin in or on mushrooms, pineapples, citrus, pome, stone fruit crop groups, avocado, kiwi, mango, and pomegranates when used in accordance with label directions and good agricultural practices. [81 FR 58410, Aug. 25, 2016] § 180.1316 Pasteuria spp. (Rotylenchulus reniformis nematode) - Pr3; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Pasteuria spp. (Rotylenchulus reniformis nematode) - Pr3 in or on all food commodities when applied as a nematicide and used in accordance with label directions and good agricultural practices. [77 FR 40276, July 9, 2012] § 180.1317 Pesticide chemicals; exemption from the requirements of a tolerance. An exemption from the requirement of a tolerance is established for residues of Didecyl dimethyl ammonium chloride in or on broccoli resulting from the use of Didecyl dimethyl ammonium chloride as a seed treatment at a treatment concentration of 1200 ppm prior to planting by immersion. [77 FR 47296, Aug. 8, 2012] § 180.1318 3-decen-2-one; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide, 3-decen-2-one, in or on potatoes when applied as a potato sprout inhibitor and used in accordance with label directions and good agricultural practices. [78 FR 11766, Feb. 20, 2013] § 180.1319 Banda de Lupinus albus doce (BLAD); exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the residues of Banda de Lupinus albus doce (BLAD), a naturally occurring polypeptide from the catabolism of a seed storage protein (β-conglutin) of sweet lupines (Lupinus albus), in or on all food commodities when applied as a fungicide and used in accordance with label directions and good agricultural practices. [78 FR 17604, Mar. 22, 2013] T https://www.federalregister.gov/citation/77-FR-35295 https://www.federalregister.gov/citation/81-FR-58410 https://www.federalregister.gov/citation/77-FR-40276 https://www.federalregister.gov/citation/77-FR-47296 https://www.federalregister.gov/citation/78-FR-11766 https://www.federalregister.gov/citation/78-FR-17604 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1207/1218 § 180.1320 Methyl jasmonate; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of methyl jasmonate in or on all food commodities when methyl jasmonate is applied pre-harvest. [78 FR 22794, Apr. 17, 2013] § 180.1321 Complex Polymeric Polyhydroxy Acids; exemption from the requirement of a tolerance. [86 FR 10180, Feb. 19, 2021] § 180.1322 Bacillus pumilus strain BU F-33; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus pumilus strain BU F-33 in or on all food commodities when applied to elicit induced systemic resistance in plants and used in accordance with label directions and good agricultural practices. [78 FR 35149, June 12, 2013] § 180.1323 Ethyl-2E,4Z-decadienoate (Pear Ester); exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide, ethyl-2E,4Z-decadienoate (pear ester), in or on all food commodities, when used in accordance with label directions and good agricultural practices. [78 FR 53054, Aug. 28, 2013] § 180.1324 GS-omega/kappa-Hxtx-Hv1a; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the pesticide GS omega/kappa-Hxtx-Hv1a in or on all food commodities when applied or used in accordance with label directions and good agricultural practices. [79 FR 10685, Feb. 26, 2014] § 180.1325 Heat-killed Burkholderia spp. strain A396 cells and spent fermentation media exemption from the requirement of a tolerance. (a) An exemption from the requirement of a tolerance is established for the residues of complex polymeric polyhydroxy acids in or on all food commodities when applied as a plant growth regulator and used in accordance with good agricultural practices. (b) An exemption from the requirement of a tolerance is established for the residues of complex polymeric polyhydroxy acids in or on all food commodities when applied as a nematicide and used in accordance with good agricultural practices. https://www.federalregister.gov/citation/78-FR-22794 https://www.federalregister.gov/citation/86-FR-10180 https://www.federalregister.gov/citation/78-FR-35149 https://www.federalregister.gov/citation/78-FR-53054 https://www.federalregister.gov/citation/79-FR-10685 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1208/1218 An exemption from the requirement of a tolerance is established for residues of heat-killed Burkholderia spp. strain A396 cells and spent fermentation media in or on all food commodities when applied as a biological insecticide to agricultural crops and used in accordance with label directions and good agricultural practices. [79 FR 15704, Mar. 21, 2014] § 180.1326 Pseudomonas �uorescens strain D7; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Pseudomonas �uorescens strain D7 in or on all food commodities when used in accordance with label directions and good agricultural practices. [79 FR 60750, Oct. 8, 2014] § 180.1327 Tetraacetylethylenediamine (TAED) and its metabolite Diacetylethylenediamine (DAED); exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the pesticide, tetraacetylethylenediamine (TAED), and its metabolite diacetylethylenediamine (DAED), in or on rice and strawberries, when used as a fungicide and bactericide in accordance with label directions and good agricultural practices. [79 FR 59121, Oct. 1, 2014] § 180.1328 Beauveria bassiana strain ANT-03; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Beauveria bassiana strain ANT-03 in or on all food commodities, when applied as a microbial insecticide and used in accordance with label directions and good agricultural practices. [79 FR 77396, Dec. 24, 2014] § 180.1329 Bacillus subtilis strain IAB/BS03, exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus subtilis strain IAB/BS03 in or on all food commodities when used in accordance with label directions and good agricultural practices. [80 FR 9217, Feb. 20, 2015] § 180.1330 1-Octanol; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of 1-octanol in or on root and tuber vegetables when applied as a plant growth regulator in accordance with label directions and good agricultural practices. https://www.federalregister.gov/citation/79-FR-15704 https://www.federalregister.gov/citation/79-FR-60750 https://www.federalregister.gov/citation/79-FR-59121 https://www.federalregister.gov/citation/79-FR-77396 https://www.federalregister.gov/citation/80-FR-9217 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1209/1218 [80 FR 25953, May 6, 2015] § 180.1331 Trichoderma asperelloides strain JM41R; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Trichoderma asperelloides strain JM41R in or on all food commodities when used in accordance with label directions and good agricultural practices. [80 FR 28203, May 18, 2015] § 180.1332 Lavandulyl senecioate; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the arthropod pheromone, lavandulyl senecioate (5-methyl-2-(1-methylethenyl)-4-hexenyl 3-methyl-2-butonate), in or on all raw agricultural commodities when applied or used in microbeads/dispensers at a rate not to exceed 150 grams active ingredient/acre/year in accordance with good agricultural practices. [80 FR 49171, Aug. 17, 2015] § 180.1333 Potassium Salts of Hops Beta acids; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical potassium salts of hops beta acids in or on honey and honeycomb, when used for the control of Varroa mites in accordance with label directions and good agricultural practices. [80 FR 63683, Oct. 21, 2015] § 180.1334 Choline Chloride; Exemption from the Requirement of a Tolerance. An exemption from the requirement of a tolerance is established for residues of Choline Chloride in or on all food commodities when Choline Chloride is applied pre-harvest and used in accordance with label directions and good agricultural practices. [80 FR 78149, Dec. 16, 2015] § 180.1335 Isaria fumosorosea strain FE 9901; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Isaria fumosorosea strain FE 9901 in or on all food commodities when used in accordance with label directions and good agricultural practices. [81 FR 47311, July 21, 2016] § 180.1336 Bacillus amyloliquefaciens strain PTA-4838; exemption from the requirement of a tolerance. https://www.federalregister.gov/citation/80-FR-25953 https://www.federalregister.gov/citation/80-FR-28203 https://www.federalregister.gov/citation/80-FR-49171 https://www.federalregister.gov/citation/80-FR-63683 https://www.federalregister.gov/citation/80-FR-78149 https://www.federalregister.gov/citation/81-FR-47311 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1210/1218 An exemption from the requirement of a tolerance is established for residues of Bacillus amyloliquefaciens strain PTA-4838 in or on all food commodities. [81 FR 41222, June 24, 2016] § 180.1337 Citrus tristeza virus expressing spinach defensin proteins 2, 7, and 8; exemption from the requirement of a tolerance. A temporary exemption from the requirement of a tolerance is established for residues of the microbial pesticide Citrus tristeza virus expressing spinach defensin proteins 2, 7, and 8 (either alone or in combinations with each other) in or on the commodities listed in fruit, citrus group 10 10, when used in accordance with the terms of Experimental Use Permit No. 88232-EUP-2. This temporary exemption from the requirement of a tolerance expires on August 31, 2023. [85 FR 54263, Sept. 1, 2020] § 180.1338 Aspergillus �avus strains TC16F, TC35C, TC38B, and TC46G; temporary exemptions from the requirement of a tolerance. Temporary exemptions from the requirement of a tolerance are established for residues of Aspergillus �avus strains TC16F, TC35C, TC38B, and TC46G in or on the food and feed commodities of corn, �eld; corn, pop; and corn, sweet when used in accordance with the terms of Experimental Use Permit No. 91163-EUP-1. These temporary exemptions from the requirement of a tolerance expire on June 30, 2020. [81 FR 63710, Sept. 16, 2016] § 180.1339 Spodoptera frugiperda multiple nucleopolyhedrovirus strain 3AP2; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Spodoptera frugiperda multiple nucleopolyhedrovirus strain 3AP2 in or on all food commodities when used in accordance with label directions and good agricultural practices. [81 FR 83706, Nov. 22, 2016] § 180.1340 Muscodor albus strain SA-13 and the volatiles produced on rehydration; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Muscodor albus strain SA-13 and the volatiles produced on rehydration in or on all food commodities when used in accordance with label directions and good agricultural practices. [81 FR 86581, Dec. 1, 2016] § 180.1341 Pseudomonas chlororaphis strain AFS009; exemption from the requirement of a tolerance. https://www.federalregister.gov/citation/81-FR-41222 https://www.federalregister.gov/citation/85-FR-54263 https://www.federalregister.gov/citation/81-FR-63710 https://www.federalregister.gov/citation/81-FR-83706 https://www.federalregister.gov/citation/81-FR-86581 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1211/1218 An exemption from the requirement of a tolerance is established for residues of Pseudomonas chlororaphis strain AFS009 in or on all food commodities when used in accordance with label directions and good agricultural practices. [82 FR 35122, July 28, 2017] § 180.1344 Cyclaniliprole; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for indirect and inadvertent residues of the insecticide cyclaniliprole, including its metabolites and degradates, in or on all raw agricultural commodities not listed in paragraph (a) of § 180.694, when residues are present therein as a result of subsequent uptake by crops rotated into �elds where the crops in § 180.694 (a) were treated with cyclaniliprole. [82 FR 36095, Aug. 3, 2017] § 180.1345 1-Triacontanol; exemption from the requirement of a tolerance. Residues of the biochemical pesticide 1-Triacontanol are exempt from the requirement of a tolerance in or on all food commodities. [82 FR 38852, Aug. 16, 2017] § 180.1346 1,3-Dibromo-5,5-Dimethylhydantoin; exemption from the requirement of a tolerance. Residues of 1,3-dibromo-5,5-dimethylhydantoin, including its metabolites and degradates, resulting from the use of 1,3-dibromo-5,5-dimethylhydantoin in antimicrobial treatment solutions of raw agricultural commodities in treatment facilities are exempt from the requirement of a tolerance. [82 FR 57370, Dec. 5, 2017] § 180.1347 Bacillus amyloliquefaciens strain F727; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus amyloliquefaciens strain F727 in or on all food commodities when used in accordance with label directions and good agricultural practices. [82 FR 49747, Oct. 27, 2017] § 180.1348 Bacillus subtilis strain BU1814; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus subtilis strain BU1814 in or on all food commodities when used in accordance with label directions and good agricultural practices. [82 FR 57873, Dec. 8, 2017] https://www.federalregister.gov/citation/82-FR-35122 https://www.ecfr.gov/current/title-40/section-180.694#p-180.694(a) https://www.ecfr.gov/current/title-40/section-180.694#p-180.694(a) https://www.federalregister.gov/citation/82-FR-36095 https://www.federalregister.gov/citation/82-FR-38852 https://www.federalregister.gov/citation/82-FR-57370 https://www.federalregister.gov/citation/82-FR-49747 https://www.federalregister.gov/citation/82-FR-57873 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1212/1218 § 180.1350 Bacillus licheniformis strain FMCH001; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus licheniformis strain FMCH001 in or on all food commodities when used in accordance with label directions and good agricultural practices. [83 FR 17498, Apr. 20, 2018] § 180.1351 Bacillus subtilis strain FMCH002; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus subtilis strain FMCH002 in or on all food commodities when used in accordance with label directions and good agricultural practices. [83 FR 17500, Apr. 20, 2018] § 180.1352 Methyl-alpha-D-mannopyranoside (Alpha methyl mannoside); exemption from the requirement of a tolerance. Residues of the biochemical pesticide Methyl-alpha-D-mannopyranoside (alpha methyl mannoside) are exempt from the requirement of a tolerance in or on all raw agricultural commodities. [83 FR 7619, Feb. 22, 2018] § 180.1353 Lipochitooligosaccharide (LCO) SP104; exemption from the requirement of a tolerance. Residues of the biochemical pesticide Lipochitooligosaccharide (LCO) SP104 (which has been used in accordance with label directions and good agricultural practices) are exempt from the requirement of a tolerance in or on all food commodities. [83 FR 9442, Mar. 6, 2018] § 180.1354 Flutianil; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for indirect and inadvertent residues of the fungicide �utianil, including its metabolites and degradates, in or on all food commodities not listed in § 180.697(a), when residues are present therein as a result of uptake by crops rotated into �elds containing the crops in § 180.697(a) that were previously treated with �utianil. [83 FR 12269, Mar. 21, 2018] § 180.1355 Duddingtonia �agrans strain IAH 1297; exemption from the requirement of a tolerance. https://www.federalregister.gov/citation/83-FR-17498 https://www.federalregister.gov/citation/83-FR-17500 https://www.federalregister.gov/citation/83-FR-7619 https://www.federalregister.gov/citation/83-FR-9442 https://www.ecfr.gov/current/title-40/section-180.697#p-180.697(a) https://www.ecfr.gov/current/title-40/section-180.697#p-180.697(a) https://www.federalregister.gov/citation/83-FR-12269 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1213/1218 An exemption from the requirement of a tolerance is established for residues of Duddingtonia �agrans strain IAH 1297 in or on all food commodities when used in accordance with label directions and good agricultural practices. [83 FR 19972, May 7, 2018] § 180.1356 Extract of Swinglea glutinosa exemption from the requirement of a tolerance. Residues of the biochemical pesticide Extract of Swinglea glutinosa are exempt from the requirement of a tolerance in or on all food commodities when applied pre-harvest in accordance with label directions and good agricultural practices. [83 FR 27713, June 14, 2018] § 180.1357 Cerevisane (cell walls of Saccharomyces cerevisiae strain LAS117); exemption from the requirement of a tolerance. Residues of the biochemical pesticide cerevisane (cell walls of Saccharomyces cerevisiae strain LAS117) are exempt from the requirement of a tolerance in or on all food commodities, when used in accordance with label directions and good agricultural practices. [83 FR 39375, Aug. 9, 2018] § 180.1358 Metschnikowia fructicola strain NRRL Y-27328; exemption from the requirement of a tolerance. Residues of Metschnikowia fructicola strain NRRL Y-27328 are exempt from the requirement of a tolerance in or on the food commodities included in the following crop groups and subgroups when this pesticide chemical is used in accordance with label directions and good agricultural practices: Fruit, stone group 12-12; Fruit, small fruit vine climbing, except fuzzy kiwifruit, subgroup 13-07F; and Berry, low growing subgroup 13-07G. [83 FR 46117, Sept. 12, 2018] § 180.1359 Bacteriophage active against Erwinia amylovora; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of lytic bacteriophage active against Erwinia amylovora that are produced in Erwinia amylovora in or on apple and pear, when used in accordance with label directions and good agricultural practices. [83 FR 46403, Sept. 13, 2018] § 180.1360 Bacteriophage active against Xanthomonas citri subsp. citri; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of lytic bacteriophage active against Xanthomonas citri subsp. citri that are produced in Xanthomonas citri subsp. citri in or on food commodities included in the fruit, citrus groups 10 and 10-10, when used in accordance https://www.federalregister.gov/citation/83-FR-19972 https://www.federalregister.gov/citation/83-FR-27713 https://www.federalregister.gov/citation/83-FR-39375 https://www.federalregister.gov/citation/83-FR-46117 https://www.federalregister.gov/citation/83-FR-46403 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1214/1218 with label directions and good agricultural practices. [83 FR 46405, Sept. 13, 2018] § 180.1361 Pepino mosaic virus, strain CH2, isolate 1906; exemption from the requirement of a tolerance. Residues of Pepino mosaic virus, strain CH2, isolate 1906 are exempt from the requirement of a tolerance in or on tomato when this pesticide chemical is used in accordance with label directions and good agricultural practices. [83 FR 46407, Sept. 13, 2018] § 180.1362 Beauveria bassiana strain PPRI 5339; exemption from the requirement of a tolerance. Residues of Beauveria bassiana strain PPRI 5339 are exempt from the requirement of a tolerance in or on all food commodities when this pesticide chemical is used in accordance with label directions and good agricultural practices. [83 FR 47076, Sept. 18, 2018] § 180.1363 Bacillus amyloliquefaciens strain ENV503; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus amyloliquefaciens strain ENV503 in or on all food commodities when used in accordance with label directions and good agricultural practices. [83 FR 58508, Nov. 20, 2018] § 180.1364 Chlorate; exemption from the requirement of a tolerance. Residues of chlorate in or on tomato and cantaloupe are exempt from the requirement of a tolerance when resulting from the application of gaseous chlorine dioxide as a fungicide, bactericide, and antimicrobial pesticide. [83 FR 66143, Dec. 26, 2018] § 180.1365 Bacteriophage active against Xylella fastidiosa; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of lytic bacteriophage active against Xylella fastidiosa in or on all food commodities when the bacteriophage are sequenced and have sequences free of toxins and lysogenic genes and are used in accordance with label directions and good agricultural practices. [84 FR 16791, Apr. 23, 2019] https://www.federalregister.gov/citation/83-FR-46405 https://www.federalregister.gov/citation/83-FR-46407 https://www.federalregister.gov/citation/83-FR-47076 https://www.federalregister.gov/citation/83-FR-58508 https://www.federalregister.gov/citation/83-FR-66143 https://www.federalregister.gov/citation/84-FR-16791 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1215/1218 § 180.1366 24-Epibrassinolide; exemption from the requirement of a tolerance. Residues of the plant growth regulator 24-epibrassinolide in or on all food commodities are exempt from the requirement of a tolerance, when used in accordance with label directions and good agricultural practices. [84 FR 27968, June 17, 2019] § 180.1367 Bacillus amyloliquefaciens subspecies plantarum strain FZB42; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus amyloliquefaciens subspecies plantarum strain FZB42 in or on all food commodities when used in accordance with label directions and good agricultural practices. [84 FR 28237, June 18, 2019] § 180.1368 Clonostachys rosea strain CR-7; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Clonostachys rosea strain CR-7 in or on all food commodities when used in accordance with label directions and good agricultural practices. [84 FR 40271, Aug. 14, 2019] § 180.1369 Autographa californica multiple nucleopolyhedrovirus strain FV#11; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Autographa californica multiple nucleopolyhedrovirus strain FV#11 in or on all food commodities when used in accordance with label directions and good agricultural practices. [84 FR 38562, Aug. 7, 2019] § 180.1370 Lipochitoolgiosaccharide (LCO) MOR116; exemption from the requirement of a tolerance. Residues of the plant growth regulator Lipochitoolgiosaccharide (LCO) MOR116 in or on all food commodities are exempt from the requirement of a tolerance, when used in accordance with label directions and good agricultural practices. [84 FR 43705, Aug. 22, 2019] § 180.1371 Florpyrauxifen-benzyl; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of �orpyrauxifen benzyl, including its metabolites and degradates, in or on all food and feed commodities, when it is applied as an herbicide in accordance with good agricultural practices. https://www.federalregister.gov/citation/84-FR-27968 https://www.federalregister.gov/citation/84-FR-28237 https://www.federalregister.gov/citation/84-FR-40271 https://www.federalregister.gov/citation/84-FR-38562 https://www.federalregister.gov/citation/84-FR-43705 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1216/1218 [84 FR 50766, Sept. 26, 2019] § 180.1372 Sodium lauryl sulfate; exemption from the requirement of a tolerance. Residues of the fungicide and miticide sodium lauryl sulfate (CAS No. 151-21-3) in or on all food commodities are exempt from the requirement of a tolerance, when used in accordance with label directions and good agricultural practices. [84 FR 52372, Oct. 2, 2019] § 180.1373 Chrysodeixis includens nucleopolyhedrovirus isolate #460; exemption from the requirement of a tolerance. Residues of Chrysodeixis includens nucleopolyhedrovirus isolate #460 are exempt from the requirement of a tolerance in or on all food commodities, when used in accordance with label directions and good agricultural practices. [85 FR 13548, Mar. 9, 2020] § 180.1374 Autographa californica multiple nucleopolyhedrovirus strain R3; exemption from the requirement of a tolerance. Residues of Autographa californica multiple nucleopolyhedrovirus strain R3 are exempt from the requirement of a tolerance in or on all food commodities when used in accordance with label directions and good agricultural practices. [85 FR 20187, Apr. 10, 2020] § 180.1375 Methyl mercaptan; exemption from the requirement of a tolerance. Residues of methyl mercaptan are exempt from the requirement of a tolerance in or on all food commodities, when methyl mercaptan is used as a gopher repellent in irrigation lines in accordance with label directions and good agricultural practices. [85 FR 29633, May 18, 2020] § 180.1376 Ea peptide 91398; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Ea peptide 91398 in or on all food commodities when used in accordance with label directions and good agricultural practices. [85 FR 34361, June 4, 2020] § 180.1378 Trichoderma atroviride strain SC1; exemption from the requirement of a tolerance. Residues of Trichoderma atroviride strain SC1 are exempt from the requirement of a tolerance in or on all food commodities when used in accordance with label directions and good agricultural practices. https://www.federalregister.gov/citation/84-FR-50766 https://www.federalregister.gov/citation/84-FR-52372 https://www.federalregister.gov/citation/85-FR-13548 https://www.federalregister.gov/citation/85-FR-20187 https://www.federalregister.gov/citation/85-FR-29633 https://www.federalregister.gov/citation/85-FR-34361 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1217/1218 [85 FR 46004, July 31, 2020] § 180.1379 Trichoderma asperellum, strain T34; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Trichoderma asperellum, strain T34 in or on all food commodities when used in accordance with label directions and good agricultural practices. [85 FR 60368, Sept. 25, 2020] § 180.1381 Oxalic Acid; exemption from the requirement of a tolerance. Residues of oxalic acid in or on honey and honeycomb are exempted from the requirement of a tolerance when oxalic acid is used as a miticide in honeybee hives. [86 FR 10835, Feb. 23, 2021] § 180.1382 Purpureocillium lilacinum strain PL11; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Purpureocillium lilacinum strain PL11 in or on all food commodities when used in accordance with label directions and good agricultural practices. [86 FR 31950, June 16, 2021] § 180.1383 Bacillus velezensis strain RTI301; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus velezensis strain RTI301 in or on all food commodities when used in accordance with label directions and good agricultural practices. [86 FR 34147, June 29, 2021] § 180.1384 Bacillus subtilis strain RTI477; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus subtilis strain RTI477 in or on all food commodities when used in accordance with label directions and good agricultural practices. [86 FR 34145, June 29, 2021] At 85 FR 60718, Sept. 28, 2020, a second § 180.1379 was added; however, the amendment could not be incorporated because the section already exists. EDITORIAL NOTE https://www.federalregister.gov/citation/85-FR-46004 https://www.federalregister.gov/citation/85-FR-60368 https://www.federalregister.gov/citation/86-FR-10835 https://www.federalregister.gov/citation/86-FR-31950 https://www.federalregister.gov/citation/86-FR-34147 https://www.federalregister.gov/citation/86-FR-34145 https://www.federalregister.gov/citation/85-FR-60718 https://www.ecfr.gov/current/title-40/section-180.1379 9/16/21, 3:03 PM eCFR :: 40 CFR Part 180 -- Tolerances and Exemptions for Pesticide Chemical Residues in Food https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180 1218/1218 Subpart E - Pesticide Chemicals Not Requiring a Tolerance or an Exemption From a Tolerance Source: 66 FR 66772, Dec. 27, 2001, unless otherwise noted. § 180.2000 Scope. This subpart sets forth the pesticide chemicals for use in agricultural or other food-related settings for which neither a tolerance nor an exemption is deemed to be needed by EPA. § 180.2003 De�initions. [66 FR 66772, Dec. 27, 2001, as amended at 73 FR 60158, Oct. 10, 2008] § 180.2010 [Reserved] § 180.2020 Non-food determinations. The following pesticide chemical uses do not need a tolerance or exemption from the requirement of a tolerance based on EPA's determination that they are not likely to result in residues in or on food. Methyl bromide 74-83 9 When applied as a pre-plant soil fumigant All pre-plant soil uses Potassium triiodide (KI ) 12298 68-9 When applied to growing crops in foreign countries Bananas, grapes, and melons Rhodamine B 81-88 9 Not to exceed 2% by weight of the formulated product and 60 ppm on the treated seed Dye for seed treatment [66 FR 66772, Dec. 27, 2001, as amended at 70 FR 40201, July 13, 2005; 71 FR 45402, Aug. 9, 2006] (a) Food uses are the uses of a pesticide chemical that are likely to yield residues in food or feed crops, meat, milk, poultry or egg. (b) Non-food uses are those uses that are not likely to yield residues in food or feed crops, meat, milk, poultry or egg. 3 Pesticide Chemical CAS Reg. No. Limits Uses https://www.federalregister.gov/citation/66-FR-66772 https://www.federalregister.gov/citation/73-FR-60158 https://www.federalregister.gov/citation/66-FR-66772 https://www.federalregister.gov/citation/70-FR-40201 https://www.federalregister.gov/citation/71-FR-45402