Pt. 185 40 CFR Ch. I (7±1±98 Edition) peaches, pears, strawberries, and toma- 185.3550 Hexakis. toes. This temporary exemption from 185.3575 Hexazinone. the requirement for a tolerance will 185.3600 Hydrogen cyanide. 185.3650 Imazalil. permit the marketing of the food com- 185.3700 Inorganic bromide. modities in this paragraph when treat- 185.3750 Iprodione. ed in accordance with the provisions of 185.3775 d-Limonene. experimental use permit 70515-EUP-1, 185.3800 Magnesium phosphide. which is being issued under the Federal 185.4000 Metalaxyl. Insecticide, Fungicide, and Rodenticide 185.4035 Metarhizium anisopliae strain Act (FIFRA), as amended (7 U.S.C. 136). ESF1. 185.4100 Methomyl. This temporary exemption from the re- 185.4150 Methoprene. quirement of a tolerance expires and is 185.4250 Methyl chloride. revoked on June 1, 2001. This tem- 185.4300 Methyl formate. porary exemption from the require- 185.4400 Nitrogen. ment of a tolerance may be revoked at 185.4500 N-Octylbicycloheptene any time if the experimental use per- dicarboximide. 185.4650 Paraformaldehyde. mit is revoked or if any experience 185.4800 Phosalone. with or scientific data on this pesticide 185.4850 Picloram. indicate that the tolerance is not safe. 185.4900 Piperonyl butoxide. 185.4950 Pirimiphos-methyl. [63 FR 32134, June 12, 1998] 185.5000 Propargite. 185.5100 Propetamphos. PART 185ÐTOLERANCES FOR 185.5150 Propylene oxide. PESTICIDES IN FOOD 185.5200 Pyrethrins. 185.5375 Sulfonium, trimethyl-salt with N- (phosphonomethyl)glycine (1:1). Subpart A [Reserved] 185.5950 Triforine. 185.6300 Zinc ion and maneb coordination Subpart BÐFood Additives Permitted in product. Food for Human Consumption Sec. Subpart CÐFood Additives Resulting From 185.150 Aldicarb. Contact With Containers or Equipment 185.200 Aluminum phosphide. and Food Additives Otherwise Affect- 185.250 4-Amino-6-(1,1-dimethylethyl)-3- ing Food (methylthio)-1,2,4-triazin-5(4H)-one. 185.650 Carbon dioxide. 185.7000 Malathion. 185.1000 Chlorpyrifos. AUTHORITY: 21 U.S.C. 346a and 348. 185.1050 Chlorpyrifos-methyl. 185.1150 Combustion product gas. SOURCE: 40 FR 14156, Mar. 28, 1975, unless 185.1200 Copper. otherwise noted. Redesignated at 41 FR 26568, 185.1350 Cyhexatin. June 28, 1976, and 53 FR 24667, June 29, 1988. 185.1500 Dalapon. EDITORIAL NOTE: The text of part 185 set 185.1650 Dialifor. forth below was transferred and recodified at 185.1700 Diatomaceous earth. 53 FR 24666, June 29, 1988. New part 185 for- 185.1800 Dicamba. merly appeared in 21 CFR part 193. A Redes- 185.1900 2,2-Dichlorovinyl dimethyl phos- ignation Table appears in the Finding Aids phate. section of this volume. 185.2200 O,O-Dimethyl O-(4-nitro-m-tolyl) phosphorothioate. 185.2250 Dimethyl phosphate of 3-hydroxy- Subpart A [Reserved] N-methyl-cis-crotonamide. 185.2500 Diquat. Subpart BÐFood Additives Per- 185.2600 Endosulfan. 185.2700 Ethephon. mitted in Food for Human 185.2850 Ethylene oxide. Consumption 185.2950 Ethyl 3-methyl-4- (methylthio)phenyl (1-methylethyl)- § 185.150 Aldicarb. phosphoramidate. (a) A regulation is established per- 185.3000 O-Ethyl O-[4-(methylthio)phenyl] S- mitting the combined residues of the propyl phosphorodithioate. 185.3250 Fluazifop-butyl. insecticide/nematocide aldicarb 2- 185.3385 Flutolanil (N-(3-(1- methyl-2-(methylthio)propionaldehyde methylethoxy)phenyl)-2- O-(methylcarbamoyl)oxime and its (trifluoromethyl)benzamide). cholinesterase-inhibiting metabolites 522 VerDate 11<SEP>98 07:29 Sep 16, 1998 Jkt 179155 PO 00000 Frm 00518 Fmt 8010 Sfmt 8010 Y:\SGML\179155T.XXX pfrm01 PsN: 179155T Environmental Protection Agency § 185.1000 2-methyl-2-(methylsulfonyl) propion- Food Parts per aldehyde O-(methylcarbamoyl)oxime million and 2-methyl-2-(methyl- Wheat milled fractions (except flour) ..................... 3 sulfonyl)propionaldehyde O-(methyl- carbamoyl)oxime in or on the commod- [44 FR 40283, July 10, 1979. Redesignated at 53 ity sorghum bran at 0.5 part per mil- FR 24667, June 29, 1988] lion. (b) [Reserved] § 185.650 Carbon dioxide. [47 FR 14894, Apr. 7, 1982, as amended at 53 The food additive carbon dioxide may FR 8874, Mar. 18, 1988. Redesignated at 53 FR be safely used after harvest in modified 24667, June 29, 1988] atmospheres for stored product insect control on all processed agricultural § 185.200 Aluminum phosphide. commodities. The food additive aluminum phosphide may be safely used in ac- [46 FR 32866, June 25, 1981. Redesignated at 53 FR 24667, June 29, 1988] cordance with the following prescribed conditions: § 185.1000 Chlorpyrifos. (a) It is used to generate phosphine in the fumigation of processed foods. (a) Tolerances are established for the (b) To assure safe use of the additive, combined residues of the insecticide it is used in compliance with label and chlorpyrifos [O,O- diethyl O-(3,5,6- labeling conforming to that registered trichloro-2-pyridyl) phosphorothioate] with the U.S. Environmental Protec- and its metabolite 3,5,6-trichloro-2- tion Agency. Labeling shall bear a pyridinol resulting from application of warning to aerate the finished food for the insecticide to growing crops as fol- 48 hours before it is offered to the con- lows: sumer. A further warning shall state Parts per that under no condition should the for- Foods million mulation containing aluminum Citrus oil ............................................................... 25.0 phosphide be used so that it or its Corn oil ................................................................ 3.0 unreacted residues will come in con- tact with any processed food, except (b) The additive chlorpyrifos [O,O- processed brewer's rice, malt, and corn diethyl O-(3,5,6-trichloro-2-pyridyl) grits stored in breweries for use in the phosphorothioate] may be safely used manufacture of beer. in accordance with the following pre- (c) Residues of phosphine in or on scribed conditions. processed foods do not exceed 0.01 part (1) Application shall be limited solely per million. to spot and/or crack and crevice treat- [40 FR 14156, Mar. 28, 1975. Redesignated at 41 ment in food handling establishments FR 26568, June 28, 1976, and amended at 44 FR where food and food products are held, 35210, June 19, 1979. Redesignated at 53 FR processed, prepared or served. Contami- 24667, June 29, 1988] nation of food or food contact surfaces shall be avoided. Food must be re- § 185.250 4-Amino-6-(1,1- moved or covered during treatment. dimethylethyl)-3-(methylthio)-1,2,4- (2) Spray concentration for spot triazin-5(4H)-one. treatment shall be limited to a maxi- Tolerances are established for com- mum of 0.5 percent of the active ingre- bined residues of the herbicide 4- dient by weight. A course, low-pressure amino-6-(1,1-dimethylethyl)-3-(methyl- spray shall be used to avoid atomiza- thio)-1,2,4-triazin-5(4H)-one and its tri- tion or splashing of the spray. azinone metabolites in or on the fol- (3) Paint-on application for spot lowing processed foods when present treatment shall be limited to a maxi- therein as a result of application of mum of 2 percent of the active ingredi- this herbicide to growing crops: ent by weight. (4) Crack and crevice treatment shall Parts per Food million be limited to a maximum of 2 percent of the active ingredient by weight. Barley, milled fractions (except flour) .................... 3 Potatoes, processed (inc. potato chips) ................ 3 Equipment capable of delivering a pin- Sugarcane molasses ............................................. 2 stream of insecticide shall be used. 523 VerDate 11<SEP>98 07:29 Sep 16, 1998 Jkt 179155 PO 00000 Frm 00519 Fmt 8010 Sfmt 8010 Y:\SGML\179155T.XXX pfrm01 PsN: 179155T § 185.1050 40 CFR Ch. I (7±1±98 Edition) (5) Application via adhesive strips application of the insecticide to grow- shall contain a maximum of 10% by ing crops as follows: weight of the controlled-release prod- Parts per uct in food-handling establishments Foods million where food and food products are held, processed, prepared, or served. A maxi- Milling fractions (except flour) of wheat ............... 1.5 Mint oil ................................................................. 8 mum of 36 strips (or 5.15 grams of Peanut oil ............................................................. 0.4 chlorpyrifos) is to be used per 100 square feet of floor space. The strips [47 FR 30478, July 14, 1982, as amended at 53 are not to be placed in exposed areas FR 9434, Mar. 23, 1988. Redesignated at 53 FR where direct contact with food, uten- 24667, June 29, 1988; 57 FR 10293, Mar. 25, 1992; sils, and food-contact surfaces would be 58 FR 19356, Apr. 14, 1993] likely to occur. (6) To assure safe use of the insecti- § 185.1050 Chlorpyrifos-methyl. cide, its label and labeling shall con- Tolerances are established for the form to that registered by the U.S. En- combined residues of the insecticide vironmental Protection Agency, and it chlorpyrifos-methyl (O,-O- dimethyl-O- shall be used in accordance with such (3,5,6-trichloro-2-pyridyl) phos- label and labeling. phorothioate and its metabolite (3,5,6- (c) A tolerance of 0.1 part per million trichloro-2-pyridinol) in or on the fol- is established for residues of lowing processed feeds when present chlorpyrifos, per se, in or on all food therein as a result of application to items (other than those already cov- stored grains: ered by a higher tolerance as a result of use on growing crops) in food service Parts per Food million establishments where food and food products are prepared and served, as a Barley milling fractions (except flour) .................... 90 Oats milling fractions (except flour) ....................... 130 result of the application of chlorpyrifos Sorghum milling fractions (except flour) ................ 90 in microencapsulated form. Rice milling fractions (except flour) ....................... 30 (1) Application of a microencap- Wheat milling fractions (except flour) .................... 30 sulated product shall be limited solely to spot and/or crack and crevice treat- [50 FR 26682, June 27, 1985.