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Environmental Protection Agency § 180.4

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Environmental Protection Agency § 180.4 Environmental Protection Agency § 180.4 (formylmethylamino)-4-pyrimidinyl 1-Methoxycarbonyl-1-propen-2-yl dimethyl dimethylcarbamate and 5,6-dimethyl-2- phosphate and its beta isomer. (methylamino)-4-pyrimidinyl m-(1-Methylbutyl)phenyl methylcarbamate. dimethylcarbamate (both calculated as Methyl parathion. parent). Naled (1,2-dibromo-2,2-dichloroethyl di- Dimethoate (O,O-dimethyl S-(N-methyl- methyl phosphate). carbamoylmethyl) phosphorodithioate). Oxamyl (methyl N′,N′-dimethyl-N- Dimethoate oxygen analog (O,O-dimethyl S- [(methylcarbamoyl)oxy]-1- (N-methylcarbamoylmethyl) thiooxamimidate) phosphorothioate). Parathion. O,O-Dimethyl O-p-(dimethylsulfamoyl) Phorate (O,O-diethyl S-(ethylthio)methyl phenyl phosphate. phosphorodithioate) and its cholinesterase- O,O-Dimethyl O-p-(dimethylsulfamoyl) inhibiting metabolites. phenyl phosphorothioate. Phosalone (S-(6-chloro-3-mercaptomethyl)-2- 3,5-Dimethyl-4-(methylthio) phenyl benzoxazolinone) O,O-diethyl methylcarbamate. phosphorodithioate). O,O-Dimethyl S-[4-oxo-1,2,3-benzotriazin-3- Phosphamidon (2-chloro-2-diethylcarbamoyl- (4H)-ylmethyl] phosphorodithioate. 1-methylvinyl dimethyl phosphate) includ- Dimethyl phosphate of 3-hydroxy-N,N-di- ing all of its related cholinesterase-inhib- methyl-cis-crotonamide. iting compounds. Dimethyl phosphate of 3-hydroxy-N-methyl- Pirimiphos-methyl O-[2-diethylamino-6- cis-crotonamide. methyl-pyrimidinyl) O,O-dimethyl Dimethyl phosphate of a-methylbenzyl 3-hy- phosphorothioate droxy-cis-crotonate. Ronnel. O,O-Dimethyl 2,2,2-trichloro-1-hydroxyethyl Schradan (octamethylpyrophosphoramide). phosphonate. Tetraethyl pyrophosphate. O,O-Dimethyl phosphorodithioate, S-ester O,O,O′,O′-Tetramethyl O,O′-sulfinyldi-p- with 4-(mercaptomethyl)-2-methozy-D2- phenylene phosphorothioate. 1,3,4-thiadiazolin-5-one. O,O,O′,O′-Tetramethyl O,O′-thiodi-p-phen- Dioxathion (2,3-p-dioxanedithiol S,S-bis (O,O- ylene phosphorothioate. diethylphosphorodithioate)) containing ap- Tributyl phosphorotritlioite. proximately 70 percent cis and trans iso- S,S,S-Tributyl phosphorothrithioate. mers and approximately 30 percent related 3,4,5-Trimethylphenyl methylcarbamate and compounds. its isomer 2,3,5-trimethylphenyl EPN. methylcarbamate. Ethephon ((2- - chloroethyl) phosphonic acid). (6) The following pesticides are mem- Ethion. bers of the class of dinitrophenols: Ethion oxygen analog (S- 2,4-Dinitro-6-octylphenyl crotonate and 2,6- [[(diethoxyphosphinothioyl)thio] methyl] dinitro-4-octylphenyl crotonate, mixture O,O-diethyl phosphorothioate). of. O- Ethyl O-[4-(methylthio) phenyl] S-propyl 4,6-Dinitro-o-cresol and its sodium salt. phosphorodithioate and its cholinesterase- Dinoseb (2-sec-butyl-4,6-dinitrophenol) and inhibiting metabolites. its alkanolamine, ammonium, and sodium O-Ethyl S,S-dipropylphosphorodithioate. salts. Ethyl 3-methyl-4-(methylthio)phenyl (1- methylethyl) phosphoramidate and its cho- [41 FR 8969, Mar. 2, 1976] linesterase-inhibiting metabolites. EDITORIAL NOTE: For FEDERAL REGISTER ci- O-Ethyl S-phenyl ethylphosphonodithioate. tations affecting § 180.3, see the List of CFR -Ethyl -phenyl ethylphosphonothiolate. O S Sections Affected, which appears in the m-(1-Ethylpropyl)phenyl methylcarbamate. Finding Aids section of the printed volume S-[2-Ethylsulfinyl)ethyl] O,O-dimethyl and at www.fdsys.gov. phosphorothioate and its cholinesterase-in- hibiting metabolites, (primarily S-[2- § 180.4 Exceptions. (ethyl-sulfonyl)ethyl] O,O-dimethyl phosphorothioate). The substances listed in this section Fenthion (O,O-dimethyl O-[3-methyl-4- are excepted from the definitions of (methylthio)phenyl]phosphorothioate and ‘‘pesticide chemical’’ and ‘‘pesticide its cholinesterase-inhibiting metabolites. chemical residue’’ under FFDCA sec- Malathion. tion 201(q)(3) and are therefore exempt N-(Mercaptomethyl)phthalimide S-(O,O-di- from regulation under FFDCA section methyl phosphorodithioate). N-(Mercaptomethyl)phthalimide S-(O,O-di- 402(a)(2)(B) and 408. These substances methyl phosphorothioate). are subject to regulation by the Food Methomyl (S-methyl N- and Drug Administration as food addi- [(methylcarbamoyl)oxy]thioacetimidate). tives under FFDCA section 409. 417 VerDate Mar<15>2010 10:16 Aug 15, 2012 Jkt 226170 PO 00000 Frm 00427 Fmt 8010 Sfmt 8010 Y:\SGML\226170.XXX 226170 emcdonald on DSK67QTVN1PROD with CFR § 180.5 40 CFR Ch. I (7–1–12 Edition) (a) Inert ingredients in food pack- of the raw agricultural commodity in- aging treated with a pesticide, when cluding its byproducts; or such inert ingredients are the compo- (2) That it is not possible to establish nents of the food packaging material with certainty whether finite residues (e.g. paper and paperboard, coatings, will be incurred, but there is a reason- adhesives, and polymers). able expectation of finite residues; or (b) [Reserved] (3) That it is not possible to establish [63 FR 10720, Mar. 4, 1998, as amended at 73 with certainty whether finite residues FR 54976, Sept. 24, 2008] will be incurred, but there is no reason- able expectation of finite residues. § 180.5 Zero tolerances. (b) When the data show that finite A zero tolerance means that no residues will actually be incurred in amount of the pesticide chemical may milk, eggs, meat, and/or poultry, a tol- remain on the raw agricultural com- erance will be established on the raw modity when it is offered for shipment. agricultural commodity used as feed A zero tolerance for a pesticide chem- provided that tolerances can be estab- ical in or on a raw agricultural com- lished at the same time, on the basis of modity may be established because, the toxicological and other data avail- among other reasons: able, for the finite residues incurred in (a) A safe level of the pesticide chem- milk, eggs, meat, and/or poultry. When ical in the diet of two different species it is not possible to determine with cer- of warm-blooded animals has not been tainty whether finite residues will be reliably determined. incurred in milk, eggs, meat, and/or (b) The chemical is carcinogenic to poultry but there is a reasonable expec- or has other alarming physiological ef- tation of finite residues in light of data fects upon one or more of the species of reflecting exaggerated pesticides levels the test animals used, when fed in the in feeding studies, a tolerance will be diet of such animals. established on the raw agricultural (c) The pesticide chemical is toxic, commodity provided that appropriate but is normally used at times when, or tolerances can be established at the in such manner that, fruit, vegetables, same time, on the basis of the toxi- or other raw agricultural commodities cological and other data available, for will not bear or contain it. the finite residues likely to be incurred (d) All residue of the pesticide chem- in these foods through the feed use of ical is normally removed through good the raw agricultural commodity or its agricultural practice such as washing byproducts. When it is not possible to or brushing or through weathering or determine with certainty whether fi- other changes in the chemical itself, nite residues will be incurred in milk, prior to introduction of the raw agri- eggs, meat, and/or poultry but there is cultural commodity into interstate no reasonable expectation of finite res- commerce. idues in light of data such as those re- § 180.6 Pesticide tolerances regarding flecting exaggerated pesticide levels in milk, eggs, meat, and/or poultry; feeding studies and those elucidating statement of policy. the biochemistry of the pesticide (a) When establishing tolerances for chemical in the animal, a tolerance pesticide residues in or on raw agricul- may be established on the raw agricul- tural commodities, consideration is al- tural commodity without the necessity ways given to possible residues of those of a tolerance on food products derived pesticide chemicals or their conversion from the animal. products entering the diet of man (c) The principles outlined in para- through the ingestion of milk, eggs, graphs (a) and (b) of this section will meat, and/or poultry produced by ani- also be followed with respect to toler- mals fed agricultural products bearing ances for residues which will actually such pesticide residues. In each in- be incurred or are reasonably to be ex- stance an evaluation of all available pected in milk, eggs, meat, and/or poul- data will result in a conclusion either: try by the use of pesticides directly on (1) That finite residues will actually the animal or administered purposely be incurred in these foods from feed use in the feed or drinking water. 418 VerDate Mar<15>2010 10:16 Aug 15, 2012 Jkt 226170 PO 00000 Frm 00428 Fmt 8010 Sfmt 8010 Y:\SGML\226170.XXX 226170 emcdonald on DSK67QTVN1PROD with CFR.
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