[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: 40CFR180.1159]

[Page 570]
 
                   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. 180.1159  Pelargonic acid; exemption from the requirement of tolerances.

    (a) An exemption from the requirement of a tolerance is established 
for residues of pelargonic acid in or on all food commodities when used 
as a plant regulator on plants, seeds, or cuttings and on all food 
commodities after harvest in accordance with good agricultural 
practices.
    (b) Pelargonic acid when used as an herbicide is exempt from the 
requirement of a tolerance on all plant food commodities provided that:
    (1) Applications are not made directly to the food commodity except 
when used as a harvest aid or desiccant to: any root and tuber 
vegetable, bulb vegetable or cotton.
    (2) When pelargonic acid is used as a harvest aid or desiccant, 
applications must be made no later than 24 hours prior to harvest.
    (c) An exemption from the requirement of a tolerance is established 
for residues of pelargonic acid in or on all raw agricultural 
commodities and in processed commodities, when such residues result from 
the use of pelargonic acid as an antimicrobial treatment in solutions 
containing a diluted end-use concentration of pelargonic acid up to 170 
ppm per application on food contact surfaces such as equipment, 
pipelines, tanks, vats, fillers, evaporators, pasteurizers and aseptic 
equipment in restaurants, food service operations, dairies, breweries, 
wineries, beverage and food processing plants.

[62 FR 28364, May 23, 1997, as amended at 64 FR 31505, June 11, 1999; 68 
FR 7935, Feb. 19, 2003]