[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR180.1116]

[Page 563-564]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 180_TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE CHEMICALS 
IN FOOD--Table of Contents
 
                  Subpart D_Exemptions From Tolerances
 
Sec. 180.1116   Metarhizium anisopliae strain ESF1; exemption from the 
requirement of a tolerance.

    (a) An exemption from the requirement of a tolerance is established 
for the microbial pest control agent Metarhizium anisopliae strain ESF1 
on all raw agricultural commodities in accordance with the following 
prescribed conditions:
    (1) Application shall be limited solely to placement of attractant 
stations containing Metarhizium anisopliae strain ESF1.
    (2) To ensure safe use of the microbial pest control agent, its 
label and labeling shall conform to that registered by the U.S. 
Environmental Protection Agency.
    (b) An exemption from the requirement of a tolerance is established 
allowing the use of the microbial pest-control agent Metarhizium 
anisopliae strain ESF1 as follows:
    (1) Metarhizium anisopliae strain ESF1 may be present as a residue 
in food items as a result of application of Metarhizium anisopliae 
strain ESF1 in food-handling establishments, including food service, 
manufacturing, and processing establishments such as restaurants, 
cafeterias, supermarkets, bakeries, breweries, dairies, meat-
slaughtering and packing plants, and canneries where food and food 
products are held, processed, and served.
    (2) Metarhizium anisopliae strain ESF1 may be present as a residue 
in or on processed animal feeds as a result of application of 
Metarhizium anisopliae strain ESF1 in feed-handling establishments, 
including areas where livestock and poultry feed is consumed, feed-
manufacturing establishments and feed-processing establishments such as 
stores, supermarkets, dairies, poultry houses, livestock barns, meat-
slaughtering and packing plants, and canneries, where feed and feed 
products are held, processed, sold and/or consumed by livestock or 
poultry.
    (c) With respect to paragraphs (b)(1) and (2) of this section, 
application of the microbial pest control agent shall

[[Page 564]]

be limited solely to placement of attractant stations containing 
Metarhizium anisopliae strain ESF1 in food-handling establishments or in 
animal feed-handling establishments, and to ensure safe use of the 
microbial pest control agent, 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]

    Effective Date Note: At 69 FR 21962, Apr. 23, 2004, Sec. 180.1116 
was removed, effective July 22, 2004.