Environmental Protection Agency § 180.3 (j) The term negligible residue means (1) Any raw agricultural commodity any amount of a pesticide chemical re- (food or feed) as defined in section maining in or on a raw agricultural 201(r) of the Federal Food, Drug, and commodity or group of raw agricul- Cosmetic Act (FFDCA); and tural commodities that would result in (2) Any processed food or feed as de- a daily intake regarded as fined in section 201(gg) of the FFDCA. toxicologically insignificant on the basis of scientific judgment of ade- [36 FR 22540, Nov. 25, 1971] quate safety data. Ordinarily this will EDITORIAL NOTE: For FEDERAL REGISTER ci- add to the diet an amount which will tations affecting § 180.1, see the List of CFR be less than 1/2,000th of the amount Sections Affected, which appears in the that has been demonstrated to have no Finding Aids section of the printed volume and at www.fdsys.gov. effect from feeding studies on the most sensitive animal species tested. Such § 180.3 Tolerances for related pesticide toxicity studies shall usually include chemicals. at least 90-day feeding studies in two species of mammals. (a) Pesticide chemicals that cause re- lated pharmacological effects will be (k) The term nonperishable raw agri- regarded, in the absence of evidence to cultural commodity means any raw agri- the contrary, as having an additive del- cultural commodity not subject to eterious action. (For example, many rapid decay or deterioration that would pesticide chemicals within each of the render it unfit for consumption. Exam- following groups have related pharma- ples are cocoa beans, coffee beans, cological effects: Chlorinated organic field-dried beans, field-dried peas, pesticides, arsenic-containing chemi- grains, and nuts. Not included are eggs, cals, metallic dithiocarbamates, cho- milk, meat, poultry, fresh fruits, and linesterase-inhibiting pesticides.) vegetables such as onions, parsnips, po- (b) Tolerances established for such tatoes, and carrots. related pesticide chemicals may limit (l) The term tolerance with regional the amount of a common component registration means any tolerance which (such as As2O3) that may be present, or is established for pesticide residues re- may limit the amount of biological ac- sulting from the use of the pesticide tivity (such as cholinesterase inhibi- pursuant to a regional registration. tion) that may be present, or may limit Such a tolerance is supported by res- the total amount of related pesticide idue data from specific growing regions chemicals (such as chlorinated organic for a raw agricultural commodity. Indi- pesticides) that may be present. vidual tolerances with regional reg- (c)(1) Where tolerances for inorganic istration are designated in separate bromide in or on the same raw agricul- subsections in 40 CFR 180.101 through tural commodity are set in two or 180.999, as appropriate. Additional res- more sections in this part (example: idue data which are representative of §§ 180.123 and 180.199), the overall quan- the proposed use area are required to tity of inorganic bromide to be toler- expand the geographical area of usage ated from use of the same pesticide in of a pesticide on a raw agricultural different modes of application or from commodity having an established ‘‘tol- two or more pesticide chemicals for erance with regional registration.’’ which tolerances are established is the Persons seeking geographically broad- highest of the separate applicable tol- er registration of a crop having a ‘‘tol- erances. For example, where the bro- erance with regional registration’’ mide tolerance on asparagus from should contact the appropriate EPA methyl bromide commodity fumigation product manager concerning additional is 100 parts per million (40 CFR 180.123) residue data required to expand the use and on asparagus from methyl bromide area. soil treatment is 300 parts per million (m) The term pesticide chemical res- (40 CFR 180.199), the overall inorganic idue shall have the meaning specified bromide tolerance for asparagus grown in FFDCA section 201(q)(2), as amend- on methyl bromide-treated soil and ed, except as provided in § 180.4. also fumigated with methyl bromide (n) The term food commodity means: after harvest is 300 parts per million. 413 VerDate Mar<15>2010 11:58 Sep 15, 2011 Jkt 223167 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Y:\SGML\223167.XXX 223167 wreier-aviles on DSK7SPTVN1PROD with CFR § 180.3 40 CFR Ch. I (7–1–11 Edition) (2) Where tolerances are established ceed that permitted by the highest tol- in terms of inorganic bromide residues erance established for any one member only from use of organic bromide fumi- of the class, calculated as zinc gants on raw agricutural commodities, ethylenebisdithiocarbamate. such tolerances are sufficient to pro- (6) Where tolerances are established tect the public health, and no addi- for residues of both S,S,S-tributyl tional concurrent tolerances for the or- phosphorotrithioate and tributyl ganic pesticide chemicals from such phosphorotrithioite in or on the same use are necessary. This conclusion is raw agricultural commodity, the total based on evidence of the dissipation of amount of such pesticides shall not the organic pesticide or its conversion yield more residue than that permitted to inorganic bromide residues in the by the higher of the two tolerances, food when ready to eat. calculated as S,S,S-tributyl (d)(1) Where tolerances are estab- phosphorotrithioate. lished for both calcium cyanide and hy- (7) Where tolerances are established drogen cyanide on the same raw agri- for residues of O,S-dimethyl cultural commodity, the total amount phosphoramidothioate, resulting from of such pesticides shall not yield more the use of acephate (O,S-dimethyl residue than that permitted by the acetylphos-phoramidothioate) and/or larger of the two tolerances, calculated O,S - dimethylphosphoramidothioate on as hydrogen cyanide. the same agricultural commodity, the (2) Where tolerances are established total amount of O,S-dimethyl- for residues of both O,O-diethyl S-[2- phosphoramidothioate shall not yield (ethylthio)ethyl] phosphorodithioate more residue than that permitted by and demeton (a mixture of O,O-diethyl the higher of the two tolerances. O-(and S-) [2-(ethylthio)ethyl] (8) Where a tolerance is established phosphorothioates) on the same raw for more than one pesticide having the agricultural commodity, the total metabolites 1-(3,4-dichlorophenyl)-3- amount of such pesticides shall not methylurea (DCPMU) and 3,4- yield more residue than that permitted dichlorophenylurea (DCPU) found in or by the larger of the two tolerances, cal- on a raw agricultural commodity, the culated as demeton. total amount of such residues shall not (3) Where tolerances are established exceed the highest established toler- for both terpene polychlorinates ance for a pesticide having these me- (chlorinated mixture of camphene, pi- tabolites. nene, and related terpenes, containing (9) Where a tolerance is established 65–66 percent chlorine) and toxaphene for more than one pesticide having as (chlorinated camphene containing 67–69 metabolites compounds containing the percent chlorine) on the same raw agri- benzimidazole moiety found in or on a cultural commodities, the total raw agricultural commodity, the total amount of such pesticides shall not amount of such residues shall not ex- yield more residue than that permitted ceed the highest established tolerance by the larger of the two tolerances, cal- for a pesticide having these metabo- culated as a chlorinated terpene of mo- lites. lecular weight 396.6 containing 67 per- (10) Where a tolerance is established cent chlorine. for triclopyr, chloropyrifos, and (4) Where a tolerance is established chlorpyrifos-methyl having the com- for more than one pesticide containing mon metabolite 3,5,6-trichloro-2- arsenic found in, or on a raw agricul- pyridinol on the same raw agricultural tural commodity, the total amount of commodity, the total amount of such such pesticide shall not exceed the residues shall not exceed the highest highest established tolerance cal- established tolerance for any of the culated as As2O3. pesticides having the metabolites. (5) Where tolerances are established (11) Where tolerances are established for more than one member of the class for more than one pesticide having the of dithiocarbamates listed in para- metabolite 3,5,6-trichloro-2-pyridinol graph (e)(3) of this section on the same found in or on the raw agricultural raw agricultural commodity, the total commodity, the total amount of such residue of such pesticides shall not ex- residues shall not exceed the highest 414 VerDate Mar<15>2010 11:58 Sep 15, 2011 Jkt 223167 PO 00000 Frm 00424 Fmt 8010 Sfmt 8010 Y:\SGML\223167.XXX 223167 wreier-aviles on DSK7SPTVN1PROD with CFR Environmental Protection Agency § 180.3 established tolerance for a pesticide (ii) Deduct the amounts of such resi- having this metabolite. dues from the total amount of residues (12) Where tolerances are established present and consider the remainder to for residues of methomyl, resulting have the same tolerance as that for the from the use of thiodicarb and/or chemical having the lowest numerical methomyl on the same raw agricul- tolerance in that class. tural commodity, the total amount of (iii) Divide the quantity of each de- methomyl shall not yield more residue terminable residue by the tolerance than that permitted by the higher of that would apply if it occurred alone the two tolerances. and the quantity of the remaining res- (e) Except as noted in paragraphs idue by the tolerance for the chemical (e)(1) and (2) of this section, where resi- having the lowest numerical tolerance dues from two or more chemicals in the in that class and multiply by 100 to de- same class are present in or on a raw termine the percentage of the per- agricultural commodity the tolerance mitted amount of residue present.