[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: 40CFR180.31]

[Page 329]
 
                   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 B_Procedural Regulations
 
Sec. 180.31  Temporary tolerances.

    (a) A temporary tolerance (or exemption from a tolerance) 
established under authority of section 408(j) of the act shall be deemed 
to be a tolerance (or exemption from the requirement of a tolerance) for 
the purposes of section 408(a) (1) or (2) of the act.
    (b)(1) A request for a temporary tolerance or a temporary exemption 
from a tolerance by a person who has obtained an experimental permit for 
a pesticide chemical under the Federal Insecticide, Fungicide, and 
Rodenticide Act shall be accompanied by a copy of such experimental 
permit, such data as are available on subjects outlined in clauses (A), 
(B), (C), (D), (E), (F), and (G) of section 408(d)(1) of FFDCA, and an 
advance deposit to cover fees as provided in Sec. 180.33(d), except 
that no fee under this section shall be levied during the period 
beginning on October 1, 2003, and ending on September 30, 2008.
    (2) Before an experimental permit has been obtained, the Pesticides 
Tolerance Division upon request of the Environmental Protection Agency 
or a person who proposes to apply for an experimental permit will 
consider available data and discuss its adequacy for the purpose of 
justifying a tolerance or exemption from a tolerance.
    (c) A notice of the issuance of a temporary tolerance outlining any 
restrictions as to use of the chemical imposed under the experimental 
permit under the Federal Insecticide, Fungicide, and Rodenticide Act may 
be published in the Federal Register if the Administrator deems such 
publication desirable.
    (d) A temporary tolerance or exemption from a tolerance may be 
issued for a period designed to allow the orderly marketing of the raw 
agricultural commodities produced while testing a pesticide chemical 
under an experimental permit issued under authority of the Federal 
Insecticide, Fungicide, and Rodenticide Act when the Administrator 
concludes that the public health can be adequately protected during such 
marketing. A temporary tolerance or exemption from a tolerance may be 
revoked if the experimental permit is revoked, or may be revoked at any 
time if it develops that the application for a temporary tolerance 
contains a misstatement of a material fact or that new scientific data 
or experience with the pesticide chemical indicates that it may be 
hazardous to the public health.
    (e) Conditions under which a temporary tolerance is established 
shall include:
    (1) A limitation on the amount of the chemical to be used on the 
designated crops permitted under the experimental permit.
    (2) A limitation for the use of the chemical on the designated crops 
to bona fide experimental use by qualified persons as indicated in the 
experimental permit.
    (3) A requirement that the person or firm which obtains the 
experimental permit for which the temporary tolerance is established 
will immediately inform the Environmental Protection Agency of any 
reports on findings from the experimental use that have a bearing on 
safety.
    (4) A requirement that the person or firm which obtained the 
experimental permit for which the temporary tolerance is established 
will keep records of production, distribution, and performance for a 
period of 2 years and, on request, at any reasonable time, make these 
records available to any authorized officer or employee of the 
Environmental Protection Agency.

[36 FR 22540, Nov. 25, 1971, as amended at 69 FR 12544, Mar. 17, 2004]

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