Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations

e-CFR Data is current as of February 12, 2009

Title 40: Protection of Environment
PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD

Browse Previous | Browse Next

Subpart D—Exemptions From Tolerances

§ 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]

§ 180.905   Pesticide chemicals; exemptions from the requirement of a tolerance.

(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) [Reserved]

(2) N -Octylbicyclo(2,2,1)-5-heptene-2,3-dicarboximide.

(3) Petroleum oils.

(4) Piperonyl butoxide.

(5) [Reserved]

(6) Pyrethrum and pyrethrins.

(7) Rotenone or derris or cube roots.

(8) Sabadilla.

(b) These pesticides are not exempted from the requirement of a tolerance when applied to a crop at the time of or after harvest.

[69 FR 23117, Apr. 28, 2004]

§ 180.910   Inert ingredients used pre- and post-harvest; exemptions from the requirement of a tolerance.

Link to an amendment published at 71 FR 45421, August 9, 2006.

The effective date of the above amendment was delayed in part until August 9, 2009, at 73 FR 45312 and 45316, August 4, 2008.

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:

[69 FR 23117, Apr. 28, 2004, as amended at 69 FR 33578, June 16, 2004; 69 FR 34949, June 23, 2004; 69 FR 40786, July 7, 2004; 69 FR 47025, Aug. 4, 2004; 69 FR 58304, 58314, Sept. 30, 2004; 70 FR 28443, 28451, May 18, 2005; 70 FR 31364, June 1, 2005; 70 FR 37692, June 30, 2005; 70 FR 38786, July 6, 2005; 70 FR 43311, July 27, 2005; 70 FR 44496, Aug. 3, 2005; 70 FR 51628, Aug. 31, 2005; 70 FR 54286, Sept. 14, 2005; 70 FR 55296, Sept. 21, 2005; 70 FR 55733, Sept. 23, 2005; 70 FR 67910, Nov. 9, 2005; 71 FR 14414, Mar. 22, 2006; 71 FR 30810, May 31, 2006; 71 FR 43660, Aug. 2, 2006; 71 FR 45414, 45421, Aug. 9, 2006; 73 FR 9217, Feb. 20, 2008; 73 FR 17913, Apr. 2, 2008]

§ 180.920   Inert ingredients used pre-harvest; exemptions from the requirement of a tolerance.

Link to an amendment published at 71 FR 45421, August 9, 2006.

The effective date of the above amendment was delayed in part until August 9, 2009, at 73 FR 45312 and 45316, August 4, 2008.

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:

[69 FR 23124, Apr. 28, 2004, as amended at 70 FR 7900, Feb. 16, 2005; 70 FR 31369, June 1, 2005; 70 FR 41619, July 20, 2005; 70 FR 54280, Sept. 14, 2005; 70 FR 55296, Sept. 21, 2005; 70 FR 55733, Sept. 23, 2005; 71 FR 14415, Mar. 22, 2006; 71 FR 18642, Apr. 12, 2006; 71 FR 30811, May 31, 2006; 71 FR 43667, Aug. 2, 2006; 71 FR 45408, 45411, 45421, Aug. 9, 2006; 72 FR 45656, Aug. 15, 2007; 73 FR 67400, Nov. 14, 2008]

§ 180.930   Inert ingredients applied to animals; exemptions from the requirement of a tolerance.

Link to an amendment published at 71 FR 45422, August 9, 2006.

The effective date of the above amendment was delayed in part until August 9, 2009, at 73 FR 45312 and 45316, August 4, 2008.

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:

[69 FR 23130, Apr. 28, 2004, as amended at 69 FR 29894, May 26, 2004; 69 FR 34949, June 23, 2004; 69 FR 58070, Sept. 29, 2004; 69 FR 58304, Sept. 30, 2004; 70 FR 37692, June 30, 2005; 70 FR 43312, July 27, 2005; 70 FR 44496, Aug. 3, 2005; 70 FR 51628, Aug. 31, 2005; 70 FR 54286, Sept. 14, 2005; 70 FR 55296, Sept. 21, 2005; 70 FR 67910, Nov. 9, 2005; 70 FR 55733, Sept. 23, 2005; 71 FR 14415, Mar. 22, 2006; 71 FR 30811, May 31, 2006; 71 FR 45422, Aug. 9, 2006]

§ 180.940   Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (Food-contact surface sanitizing solutions).

Link to an amendment published at 71 FR 45423, August 9, 2006.

The effective date of the above amendment was delayed in part until August 9, 2009, at 73 FR 45312 and 45316, August 4, 2008.

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.

(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.

(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.

(c) The following chemical substances when used as ingredients in an antimicrobial pesticide formulation may be applied to: Food-processing equipment and utensils.

[69 FR 23136, Apr. 28, 2004, as amended at 71 FR 30811, May 31, 2006; 71 FR 45423, Aug. 9, 2006; 71 FR 46125, Aug. 11, 2006; 72 FR 51186, Sept. 6, 2007; 73 FR 37858, July 2, 2008; 73 FR 49107, Aug. 20, 2008; 73 FR 53725, Sept. 17, 2008]

§ 180.950   Tolerance exemptions for minimal risk active and inert ingredients.

Unless specifically 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, fish, crustacea, and wheat.

(iii) Alcoholic beverages.

(iv) Dietary supplements.

(b) Animal feed items. Animal feed items means meat meal and all items derived from field crops that are fed to livestock excluding both the raw and processed forms of peanuts, tree nuts, milk, soybeans, eggs, fish, 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 specified 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 definition 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 specified in paragraph (a)(2)(ii) of this section when such oils are highly refined via a solvent extraction procedure.

(2) Excluded from the term edible fats and oils are plant oils used in the pesticide chemical formulation specifically to impart their characteristic fragrance and/or flavoring.

(d) [Reserved]

(e) Specific 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.

[67 FR 36537, May 24, 2002, as amended at 67 FR 56229, Sept. 3, 2002; 67 FR 78718, Dec. 26, 2002; 68 FR 16437, Apr. 4, 2003; 68 FR 18552, Apr. 16, 2003; 68 FR 52700, Sept. 5, 2003; 69 FR 4077, Jan. 28, 2004; 69 FR 9963, Mar. 3, 2004; 69 FR 29894, May 26, 2004; 69 FR 33578, June 16, 2004; 69 FR 58070, Sept. 29, 2004; 70 FR 7876, Feb. 16, 2005; 70 FR 28447, May 18, 2005; 70 FR 38785, July 6, 2005; 71 FR 30811, May 31, 2006; 73 FR 53725, Sept. 17, 2008]

§ 180.960   Polymers; exemptions from the requirement of a tolerance.

Residues resulting from the use of the following substances, that meet the definition of a polymer and the criteria specified for defining 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.

[67 FR 36528, May 24, 2002]

Editorial Note:   ForFederal Registercitations affecting §180.960, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 180.1011   Viable spores of the microorganism Bacillus thuringiensis Berliner; 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 specifications:

(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 five 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 fly larvae toxicity test (“Microbial Control of Insects and Mites,” R.P.M. Bond et al., p. 280 ff., 1971). This specification can be satisfied 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 specified in paragraph (a) of this section, in or on beeswax and honey 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.

[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]

§ 180.1016   Ethylene; exemption from the requirement of a tolerance.

Ethylene is exempted from the requirement of a tolerance for residues when:

(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 (field and sweet), peanut, pepper, potato, sweet potato, sorghum, soybean, squash, tomato, turnip, and watermelon fields as part of the U.S. Department of Agriculture witchweed control program.

[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) 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.

[65 FR 33716, May 24, 2000]

§ 180.1019   Sulfuric acid; exemption from the requirement of a tolerance.

(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 potato vine dessicant in the production of potatoes.

(b) Residues of sulfuric acid are exempted from the requirement of a tolerance in meat, milk, poultry, eggs, fish, shellfish, 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 fish or shellfish are cultivated. The sulfuric acid is not to exceed 10% of the pesticide formulation (non-aerosol formulations only).

[69 FR 40787, July 7, 2004]

§ 180.1020   Sodium chlorate; exemption from the requirement of a tolerance.

(a) Sodium chlorate is exempted from the requirement of a tolerance for residues in or on the following raw agricultural commodities when used as a defoliant, desiccant, or fungicide in accordance with good agricultural practice.

Commodity

(b) A time-limited exemption from the requirement of a tolerance is established for residues of the defoliant/desiccant in connection with use of the pesticide under section 18 emergency exemptions granted by EPA. The exemption will expire and is revoked on the date specified in the following table:

[54 FR 9800, Mar. 8, 1989, as amended at 60 FR 4862, Jan. 25, 1995; 62 FR 63863, Dec. 3, 1997; 63 FR 35846, July 1, 1998; 64 FR 42849, Aug. 6, 1999; 65 FR 48639, Aug. 9, 2000; 68 FR 2247, Jan. 16, 2003; 69 FR 71717, Dec. 10, 2004]

§ 180.1021   Copper; exemption from the requirement of a tolerance.

(a) Copper is exempted from the requirement of a tolerance in meat, milk, poultry, eggs, fish, shellfish, 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 fish or shellfish are cultivated.

(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 fish 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.

(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: Bordeaux mixture, basic copper carbonate (malachite) (CAS Reg. No. 1184–64–1), copper ethylenediamine complex, copper hydroxide (CAS Reg. No. 20427–59–2), copper lime mixtures, copper linoleate (CAS Reg. No. 7721–15–5), copper octanoate (CAS Reg. No. 20543–04–8), copper oleate (CAS Reg. No. 10402–16–1), copper oxychloride (CAS Reg. No. 1332–40–7), copper sulfate basic (CAS Reg. No. 1344–73–6), cupric oxide (CAS Reg. No. 1317–38–0), and cuprous oxide (CAS Reg. No. 1317–19–1).

(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.

[65 FR 68912, Nov. 15, 2000, as amended at 69 FR 4069, Jan. 28, 2004; 71 FR 46110, Aug. 11, 2006]

§ 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 eggs and poultry when used as a sanitizer in poultry drinking water.

[37 FR 6581, Mar. 31, 1972]

§ 180.1023   Propanoic acid; exemptions from the requirement of a tolerance.

(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, barley grain, Bermuda grass, bluegrass, brome grass, clover, corn grain, cowpea hay, fescue, lespedeza, lupines, oat grain, orchard grass, peanut hay, peavine hay, rye grass, sorghum grain, soybean hay, sudan grass, timothy, vetch, and wheat grain.

(b) Propanoic acid is exempt from the requirement of a tolerance for residues in or on meat and meat byproducts of cattle, sheep, hogs, goats, horses, and poultry, milk, and eggs 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.

[69 FR 47025, Aug. 4, 2004]

§ 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) 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.

(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 flows 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.

[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.

(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 specifications:

(1) The level of extraneous bacterial contamination of the final unformulated viral insecticide should not exceed 10⁷ colonies per gram as determined by an aerobic plate on trypticase soy agar.

(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 specified in paragraphs (a) and (b) of this section, in or on all agricultural commmodities including: corn, cottonseed, beans, lettuce, okra, peppers, sorghum, soybeans, and tomatoes.

[60 FR 42460, Aug. 16, 1995]

§ 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]

§ 180.1035   Pine oil; exemption from the requirement of a tolerance.

Pine oil is exempted from the requirement of a tolerance for residues in the raw agricultural commodities honey and beeswax, when present therein as a result of its use as a deodorant at no more than 12 percent in formulation with the bee repellent butanoic anhydride applied in an absorbent pad over the hive.

[53 FR 52708, Dec. 29, 1988]

§ 180.1037   Polybutenes; exemption from the requirement of a tolerance.

(a) Polybutenes are exempt from the requirement of a tolerance for residues in or on the raw agricultural commodity cottonseed 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.

(b) Polybutenes are exempt from the requirement of a tolerance for residues in or on the raw agricultural commodity artichokes when used as a sticker agent in multi-layered laminated controlled-release dispensers of (Z)-11-hexadecenal to disrupt the mating of the artichoke plume moth.

[42 FR 47205, Sept. 20, 1977; 42 FR 56114, Oct. 21, 1977, as amended at 48 FR 21133, May 11, 1983]

§ 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 cottonseed when applied to cotton from capillary fibers.

[43 FR 20803, May 15, 1978]

§ 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 modified 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 modified 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 fields before the corn plants emerge from the soil with a maximum of 0.5 pound of the inert ingredient per acre.

[45 FR 51201, Aug. 1, 1980]

§ 180.1054   Calcium hypochlorite; exemptions from the requirement of a tolerance.

(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 grapes when used as a fumigant postharvest by means of a chlorine generator pad.

[59 FR 59165, Nov. 16, 1994]

§ 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-1 H -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 citrus fruit.

[46 FR 18695, Mar. 26, 1981]

§ 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, Bermuda grass hay, blue grass hay, brome grass hay, clover hay, corn grain, oat grain, orchard grass hay, sorghum grain, sudan grass hay, rye grass hay, and timothy hay.

[58 FR 47215, Sept. 8, 1993]

§ 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) Application shall be limited solely to point source dispensers or point source chopped fibers containing the tomato pinworm insect pheromone.

(b) Cumulative yearly application cannot exceed 200 grams of tomato pinworm pheromone per acre.

[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 fly eradication programs under the authority of the U.S. Department of Agriculture, in accordance with the following directions and specifications:

(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 filter tips (cellulose acetate); cotton strings; fiberboard 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.

[47 FR 9002, Mar. 3, 1982, as amended at 69 FR 23142, Apr. 28, 2004]

§ 180.1068   C₁₂-C₁₈ fatty acid potassium salts; exemption from the requirement of a tolerance.

C₁₂-C₁₈fatty 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]

§ 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 crop group Brassica (cole) leafy vegetables and radishes.

[50 FR 51856, Dec. 20, 1985]

§ 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), fish, 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 defined 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 field 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 flood, 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) Specific 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):

[70 FR 1360, Jan. 7, 2005]

§ 180.1072   Poly- D -glucosamine (chitosan); exemption from the requirement of a tolerance.

(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.

[60 FR 19524, Apr. 19, 1995]

§ 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 peaches, quinces, nectarines, and macadamia nuts when used in orchards with encapsulated polyethylene tubing to control oriental fruit moth.

[54 FR 22897, May 30, 1989, as amended at 55 FR 23935, June 13, 1990]

§ 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]

§ 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:

Commodity

Rice grain

Soybeans

[47 FR 25742, June 15, 1982]

§ 180.1076   Viable spores of the microorganism Bacillus popilliae; 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 specifications:

(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 five 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 specified in paragraph (a) of this section in or on pasture and rangeland forage when it is applied to growing crops in accordance with good agricultural practices.

[47 FR 38535, Sept. 1, 1982]

§ 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 fibers.

[48 FR 28442, June 22, 1983]

§ 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:

[48 FR 54819, Dec. 7, 1983])

§ 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]

§ 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]

§ 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: cotton, soybeans, potatoes, sugarbeets, tomatoes, bell peppers, squash, strawberries, eggplants, cucumbers, carrots, radish, turnips, onions, peas, melons, grapes, walnuts, almond, orange, grapefruit, mulberry, peach, apple, apricot, blackberry, loganberry, pecan, cherry, plum, and cranberry.

[53 FR 5379, Feb. 24, 1988]

§ 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 beeswax and honey when used in accordance with good agricultural practice in over-wintering bee hives.

[53 FR 47811, Nov. 28, 1988]

§ 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 grapes when used in orchards with encapsulated polyethylene tubing to control grape berry moth.

[55 FR 28622, July 12, 1990]

§ 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 RAC's when formulated in polyethylene pheromone dispensers for use in orchards with encapsulated polyethylene tubing to control codling moth.

[56 FR 23523, May 22, 1991]

§ 180.1107   Delta endotoxin of Bacillus thuringiensis variety kurstaki encapsulated into killed Pseudomonas fluorescens; exemption from the requirement of a tolerance.

The delta endotoxin of Bacillus thuringiensis variety kurstaki encapsulated into killed Pseudomonas fluorescens is exempt from the requirements of a tolerance in or on all raw agricultural commodities.

[56 FR 28328, June 20, 1991]

§ 180.1108   Delta endotoxin of Bacillus thuringiensis variety San Diego encapsulated into killed Pseudomonas fluorescens; exemption from the requirement of a tolerance.

The delta endotoxin of Bacillus thuringiensis variety San Diego encapsulated into killed Pseudomonas fluorescens is exempt from the requirements of a tolerance in or on all raw agricultural commodities.

[56 FR 28326, June 20, 1991]

§ 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]

§ 180.1113    Lagenidium giganteum; exemption from the requirement of a tolerance.

Lagenidium giganteum (a fungal organism) is exempt from the requirement of a tolerance in or on the raw agricultural commodities grasses, forage and hay; rice, grain and straw; soybeans; soybean, forage and hay; and wild rice.

[57 FR 53570, Nov. 12, 1992]

§ 180.1114    Pseudomonas fluorescens A506, Pseudomonas fluorescens 1629RS, and Pseudomonas syringae 742RS; exemptions from the requirement of a tolerance.

The biological pesticides Pseudomonas fluorescens A506, Pseudomonas fluorescens 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.

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.

(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 specifications:

(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 field 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.

[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 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:

(a) Application shall be limited solely to codlure dispensers that conform to the following specifications:

(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 field 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 field 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.

[59 FR 9931, Mar. 2, 1994]

§ 180.1127   Biochemical pesticide plant floral 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 floral 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 field crops—alfalfa, clover, cotton, dandelion, peanuts (including hay), rice, sorghum (milo), soybeans, sunflower, sweet potatoes, and wheat; the following vegetable crops—asparagus, beans (including forage hay), beets, carrots, celery, cole crops (cabbage, broccoli, brussels sprouts, cauliflower), collards (kale, mustard greens, turnip greens, kohlrabi), corn, fresh (field, 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, 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.

(a) Cumulative yearly application cannot exceed 20 grams of each floral attractant/acre/application.

(b) [Reserved]

[59 FR 15857, Apr. 5, 1994]

§ 180.1128    Bacillus subtilis MBI 600; exemption from the requirement of a tolerance.

The biofungicide Bacillus subtilis MBI 600 is exempted from the requirement of a tolerance in or on all raw agricultural commodities when applied as a seed treatment on seeds used for growing agricultural crops in accordance with good agricultural practices.

[59 FR 29544, June 8, 1994]

§ 180.1130    N -( n -octyl)-2-pyrrolidone and N -( n -dodecyl)-2-pyrrolidone; exemptions from the requirement of a tolerance.

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.

[59 FR 32084, June 22, 1994]

§ 180.1131    Ampelomyces quisqualis isolate M10; exemption from the requirement of a tolerance.

The biological fungicide Ampelomyces quisqualis isolate M10 is exempted from the requirement of a tolerance in or on all raw agricultural commodities when used as a fungicide on agricultural crops in accordance with good agricultural practices.

[59 FR 33437, June 29, 1994]

§ 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]

§ 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 residues of the plant growth regulator 1,4-dimethylnaphthalene when applied post harvest to potatoes in accordance with good agricultural practices.

[60 FR 7457, Feb. 8, 1995]

§ 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]

§ 180.1144    Candida oleophila isolate I-182; exemption from the requirement of a tolerance.

Candida oleophila isolate I-182, when used as a post-harvest biological fungicide, is exempted from the requirement of a tolerance in or on all raw agricultural commodities.

[60 FR 11033, Mar. 1, 1995]

§ 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]

§ 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 ft² /year (equivalent to 150 grams active ingredient/acre/year) in accordance with good agricultural practices.

[71 FR 45399, Aug. 9, 2006]

§ 180.1154   CryIA(c) and CryIC derived delta-endotoxins of Bacillus thuringiensis var. kurstaki encapsulated in killed Pseudomonas fluorescens, and the expression plasmid and cloning vector genetic constructs.

CryIA(c) and CryIC derived delta-endotoxins of Bacillus thuringiensis var. kurstaki encapsulated in killed Pseudomonas fluorescens and the expression plasmid and cloning vector genetic constructs are exempt from the requirement of a tolerance when used in or on all raw agricultural commodities.

[60 FR 47489, Sept. 13, 1995]

§ 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]

§ 180.1157   Cytokinins; exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance is established for residues of cytokinins (specifically: 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 (specifically: 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.

(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, fillers, evaporators, pasteurizers and aseptic equipment in restaurants, food service operations, dairies, breweries, wineries, beverage and food processing plants.

[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 final 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]

§ 180.1161   Clarified hydrophobic extract of neem oil; exemption from the requirement of a tolerance.

Clarified 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.

(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 notification under 40 CFR 723.250. Polymers exempted can be used as dispensers, resins, fibers, and beads, as long as the fibers, 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 definition 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.

[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]

§ 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 beeswax when used to control tracheal mites and suppress varroa mites in bee colonies, and applied in accordance with label use directions.

[64 FR 8529, Feb. 22, 1999]

§ 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.

(a) The biochemical pesticide kaolin is temporarily exempted from the requirement of a tolerance for residues of the insecticide Kaolin, when used on crops (apples, apricots, bananas, beans, cane berries, citrus fruits, corn, cotton, cranberries, cucurbits, grapes, melons, nuts, ornamentals, peaches, peanuts, pears, peppers, plums, potatoes, seed crops, small grains, soybeans, strawberries, sugar beets, and tomatoes) to control certain insect, fungus, and bacterial damage to plants. This temporary exemption from the requirement of a tolerance will permit the marketing of the food commodities in this paragraph when treated in accordance with the provisions of experimental use permit 70060–EUP–1, which is being issued under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended (7 U.S.C. 136). This temporary exemption from the requirement of a tolerance expires and is revoked December 31, 1999. This temporary exemption from the requirement of a tolerance may be revoked at any time if the experimental use permit is revoked or if any experience with or scientific data on this pesticide indicate that the tolerance is not safe.

(b) 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).

[62 FR 19685, Apr. 23, 1997, as amended at 63 FR 9430, Feb. 25, 1998]

§ 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 (FePO₄, 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.

Titanium dioxide 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 lambdacyhalothrin at no more than 3.0% by weight of the formulation.

[63 FR 14363, Mar. 25, 1998]

§ 180.1196   Peroxyacetic acid; exemption from the requirement of a tolerance.

(a) An exemption from the requirement of a tolerance is established for residues of peroxyacetic acid in or on raw agricultural commodities, in processed 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 raw and processed 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, fillers, 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.

[65 FR 75173, Dec. 1, 2000]

§ 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.

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]

§ 180.1200    Pseudomonas fluorescens strain PRA–25; 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, pseudomonas fluorescens strain PRA–25 when used on peas, snap beans and sweet corn and will expire July 31, 2001.

[63 FR 38498, July 17, 1998]

§ 180.1201    Trichoderma harzianum strain T-39; exemption from the requirement of a tolerance.

Trichoderma harzianum strain T-39 is exempt from the requirement of a tolerance on all food commodities.

[65 FR 38757, June 22, 2000]

§ 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 specified 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:

(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 infiltration 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 (LD₅₀) of greater than 5,000 mg product/kg body weight.

[69 FR 24996, May 5, 2004]

§ 180.1205    Beauveria bassiana ATCC #74040; exemption from the requirements of a tolerance.

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 flavus AF36; exemption from the requirement of a tolerance.

(a) An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Aspergillus flavus AF36 in or on cotton and its food/feed commodities.

(b) Apergillus flavus AF36 is temporarily exempt from the requirement of a tolerance on pistachio when used in accordance with the Experimental Use Permit 71693-EUP-1. This temporary exemption from tolerance will expire on May 14, 2010.

(c) Apergillus flavus AF36 is temporarily exempt from the requirement of a tolerance on corn when used in accordance with the Experimental Use Permit 71693–EUP–2. This temporary exemption from tolerance will expire December 31, 2011.

[68 FR 41541, July 14, 2003, as amended at 72 FR 28871, May 23, 2007; 72 FR 72965, Dec. 26, 2007]

§ 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:

[64 FR 68046, Dec. 6, 1999]

§ 180.1209    Bacillus subtilis strain QST 713; 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 QST 713 when used in or on all food commodities.

[65 FR 41369, July 5, 2000]

§ 180.1210   Phosphorous acid; exemption from the requirement of a tolerance.

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.

[71 FR 49373, Aug. 23, 2006]

§ 180.1212    Pseudomonas chlororaphis Strain 63–28; exemption from the requirement of a tolerance.

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 (N,N-dimethyl-2-[3-(4,6-dimethoxy-pyrimidin-2- yl)ureidosulfonyl]-4-formylaminobenzamide) is exempted from the requirement of a tolerance in corn, field, grain; corn, field, forage; corn, field, stover; corn, sweet (K+CWHR); corn, sweet, forage; corn, sweet, stover; corn, pop grain; and corn, pop, stover when applied as a herbicide in accordance with good agricultural practices.

[72 FR 26324, May 9, 2007]

§ 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:

(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.

[73 FR 19150, Apr. 9, 2008]

§ 180.1221    Pseudozyma flocculosa strain PF-A22 UL; exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance is established for residues of Pseudozyma flocculosa strain PF-A22 UL in or on all food commodities.

[67 FR 60966, Sept. 27, 2002]

§ 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]

§ 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, fillers, 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 sulfides; exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance is established for residues of diallyl sulfides 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]

§ 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.

(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.

[71 FR 19441, Apr. 14, 2006]

§ 180.1240   Thymol; exemption from the requirement of a tolerance.

(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 tolerance is established for residues of Thymol (5-methyl-2-isopropyl-1-phenol in or on honey, honeycomb, and honeycomb with honey when used in accordance with good agricultural practices.

[70 FR 37696, June 30, 2005, as amended at 71 FR 2895, Jan. 18, 2006]

§ 180.1241   Eucalyptus oil; exemption from the requirement of a tolerance.

Time-limited exemptions from the requirement of a tolerance are established for residues of eucalyptus oil 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 eucalyptus oil will expire and are revoked on June 30, 2007.

[70 FR 37696, June 30, 2005]

§ 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 fromSaccharomyces 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]

§ 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 flavus NRRL 21882 on peanut; exemption from requirement of a tolerance.

(a) An exemption from the requirement of a tolerance is established for residues of Aspergillus flavus NRRL 21882 on peanut and its food/feed commodities.

(b) An exemption from the requirement of a tolerance is established for residues of Aspergillus flavus NRRL 21882 on corn, field, forage; corn, field, grain; corn, field, stover; corn, field, aspirated grain fractions; corn, sweet, kernel plus cob with husk removed; corn, sweet, forage; corn, sweet, stover; corn, pop, grain; and corn, pop, stover.

[69 FR 39350, June 30, 2004, as amended at 72 FR 27463, May 16, 2007; 73 FR 56998, Oct. 1, 2008]

§ 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.

[69 FR 63954, Nov. 3, 2004]

§ 180.1256    Alternaria destruens strain 059; exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Alternaria destruens Strain 059 when used in or on all raw agricultural commodities when applied/used in accordance with label directions.

[70 FR 28459, May 18, 2005]

§ 180.1257    Paecilomyces lilacinus strain 251; exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Paecilomyces lilacinus strain 251 when used in or on all agricultural commodities when applied/used in accordance with label directions.

[70 FR 19283, Apr. 13, 2005]

§ 180.1258   Acetic acid; exemption from the requirement of a tolerance.

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, barley grain, Bermuda grass, bluegrass, brome grass, clover, corn grain, cowpea hay, fescue, lespedeza, lupines, oat grain, orchard grass, peanut grass, Timothy, vetch, and wheat grain, or commodities described as grain or hay.

[70 FR 44488, Aug. 3, 2005]

§ 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 specific Bacteriophages.

An exemption from the requirement of a tolerance is established for residues of Xanthomonas campestris pv. vesicatoria and Pseudomonas syringae pv. tomato specific bacteriophages in or on tomatoes and peppers.

[70 FR 76704, Dec. 28, 2005]

§ 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:

(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 and barley prior to the pre-boot stage, and two applications to canola and soybeans pre-bloom.

(e) For use in herbicides with two applications to field corn up to 24 inches tall (V 5 stage).

[71 FR 45415, Aug. 9, 2006]

§ 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]

§ 180.1269   Bacillus mycoides Isolate J on sugar beets: exemption from the requirement of a tolerance.

Bacillus mycoides isolate J is temporarily exempt from the requirement of a tolerance when used as a fungicide for control of Cercospora Leaf Spot ( Cercospora beticola ) on sugar beets. This temporary exemption from the requirement of a tolerance expires and is revoked on December 31, 2007.

[71 FR 34267, June 14, 2006]

§ 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.

An exemption from the requirement of a tolerance is established on all food/feed commodities, for residues of Beauveria bassiana HF23 when the pesticide is used for chicken manure treatment.

[72 FR 1183, Jan. 10, 2007]

§ 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 wheat and barley when used under the following conditions:

(a) The use is in accordance with good agricultural practices;

(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).

[72 FR 5624, Feb. 7, 2007]

§ 180.1275   Pythium; exception from the requirement of a tolerance.

An exemption from the requirement of tolerance is established on all food/feed commodities, for residues of pythium oligandrum DV 74 when the pesticide is used on food crops.

[72 FR 27452, May 16, 2007]

§ 180.1276   Tobacco mild green mosaic tobamovirus (TMGMV); temporary exemption from the requirement of a tolerance.

A temporary exemption from the requirement of a tolerance is established for residues of tobacco mild green mosaic tobamovirus in or on all grass and grass hay.

[72 FR 35181, June 27, 2007]

§ 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 cyfluthrin.

[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]

§ 180.1279   Zucchini yellow mosaic virus-weak strain; exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance for residues of the ZYMV-WK strain in or on all raw cucurbits when applied/used in accordance with label directions.

[72 FR 45653, Aug. 15, 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).

[73 FR 1517, Jan. 9, 2008]

§ 180.1281   S-Abscisic Acid; exemption from the requirement of a tolerance.

S -Abscisic Acid, ( S )-5-(1-hydroxy-2,6,6-trimethyl-4-oxo-1-cyclohex-2-enyl)-3-methyl-penta-(2Z,4E)-dienoic Acid, is temporarily exempt from the requirement of a tolerance when used as a plant regulator in or on grape in accordance with the Experimental Use Permit 73049–EUP–4. This temporary exemption from tolerance will expire October 1, 2010.

[73 FR 16562, Mar. 28, 2008]

§ 180.1282   Bacillus firmus 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 firmus 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_8–C₁₈saturated; C_8–C₁₂unsaturated); exemption from the requirement of a tolerance.

This regulation establishes an exemption from the requirement of a tolerance for residues of the ammonium salts of higher fatty acids C_8–C₁₈saturated; C_8–C₁₂unsaturated on in or on all food commodities when applied for the suppression and control of a wide variety of grasses and weeds.

[73 FR 39268, July 9, 2008]

§ 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 the biochemical pesticide polyoxin D zinc when used as a fungicide on almonds, cucurbit vegetables, fruiting vegetables, ginseng, grapes, pistachios, pome fruits, potatoes and strawberries.

[73 FR 69564, Nov. 19, 2008]

§ 180.1287   Extract of Chenopodium ambrosioides near ambrosioides; exemption from the requirement of a tolerance.

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]

For questions or comments regarding e-CFR editorial content, features, or design, email ecfr@nara.gov.

For questions concerning e-CFR programming and delivery issues, email webteam@gpo.gov.

Section 508 / Accessibility