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Environmental Protection Agency § 180.5

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Environmental Protection Agency § 180.5 Environmental Protection Agency § 180.5 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 O-Ethyl S-phenyl ethylphosphonothiolate. 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). 402(a)(2)(B) and 408. These substances N-(Mercaptomethyl)phthalimide S-(O,O-di- 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. 1-Methoxycarbonyl-1-propen-2-yl dimethyl (a) Inert ingredients in food pack- phosphate and its beta isomer. aging treated with a pesticide, when m-(1-Methylbutyl)phenyl methylcarbamate. such inert ingredients are the compo- Methyl parathion. nents of the food packaging material Naled (1,2-dibromo-2,2-dichloroethyl di- (e.g. paper and paperboard, coatings, methyl phosphate). adhesives, and polymers). Oxamyl (methyl N′,N′-dimethyl-N- [(methylcarbamoyl)oxy]-1- (b) [Reserved] thiooxamimidate) [63 FR 10720, Mar. 4, 1998, as amended at 73 Parathion. FR 54976, Sept. 24, 2008] Phorate (O,O-diethyl S-(ethylthio)methyl phosphorodithioate) and its cholinesterase- § 180.5 Zero tolerances. inhibiting metabolites. Phosalone (S-(6-chloro-3-mercaptomethyl)-2- A zero tolerance means that no benzoxazolinone) O,O-diethyl amount of the pesticide chemical may phosphorodithioate). remain on the raw agricultural com- Phosphamidon (2-chloro-2-diethylcarbamoyl- modity when it is offered for shipment. 1-methylvinyl dimethyl phosphate) includ- A zero tolerance for a pesticide chem- ing all of its related cholinesterase-inhib- ical in or on a raw agricultural com- iting compounds. modity may be established because, Pirimiphos-methyl O-[2-diethylamino-6- among other reasons: methyl-pyrimidinyl) O,O-dimethyl phosphorothioate (a) A safe level of the pesticide chem- Ronnel. ical in the diet of two different species Schradan (octamethylpyrophosphoramide). of warm-blooded animals has not been Tetraethyl pyrophosphate. reliably determined. 417 VerDate Mar<15>2010 11:58 Sep 15, 2011 Jkt 223167 PO 00000 Frm 00427 Fmt 8010 Sfmt 8010 Y:\SGML\223167.XXX 223167 wreier-aviles on DSK7SPTVN1PROD with CFR § 180.6 40 CFR Ch. I (7–1–11 Edition) (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, prior to introduction of the raw agri- nite residues will be incurred in milk, cultural commodity into interstate eggs, meat, and/or poultry but there is commerce. no reasonable expectation of finite res- 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 of the raw agricultural commodity in- in the feed or drinking water. cluding its byproducts; or (d) Tolerances contemplated by para- (2) That it is not possible to establish graphs (a) and (b) of this section will in with certainty whether finite residues addition to toxicological consider- will be incurred, but there is a reason- ations be conditioned on the avail- able expectation of finite residues; or ability of a practicable analytical (3) That it is not possible to establish method to determine the pesticide res- with certainty whether finite residues idue; that is, the method must be sen- will be incurred, but there is no reason- sitive and reliable at the tolerance able expectation of finite residues. level or in special cases at a higher (b) When the data show that finite level where such level is deemed satis- residues will actually be incurred in factory and safe in light of the toxicity milk, eggs, meat, and/or poultry, a tol- of the pesticide residue and of the un- erance will be established on the raw likelihood of such residue exceeding agricultural commodity used as feed the tolerance. The analytical methods provided that tolerances can be estab- to be used for enforcement purposes lished at the same time, on the basis of will be those set forth in the ‘‘Pesticide the toxicological and other data avail- Analytical Manual’’ (see § 180.101(c)). able, for the finite residues incurred in The sensitivities of these methods are milk, eggs, meat, and/or poultry. When expressed in that manual. it is not possible to determine with cer- tainty whether finite residues will be incurred in milk, eggs, meat, and/or 418 VerDate Mar<15>2010 11:58 Sep 15, 2011 Jkt 223167 PO 00000 Frm 00428 Fmt 8010 Sfmt 8010 Y:\SGML\223167.XXX 223167 wreier-aviles on DSK7SPTVN1PROD with CFR.
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