[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: 40CFR180.6]

[Page 323-324]
 
                   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 A_Definitions and Interpretative Regulations
 
Sec. 180.6  Pesticide tolerances regarding milk, eggs, meat, and/or 
poultry; statement of policy.

    (a) When establishing tolerances for pesticide residues in or on raw 
agricultural commodities, consideration is always given to possible 
residues of those pesticide chemicals or their conversion products 
entering the diet of man through the ingestion of milk, eggs, meat, and/
or poultry produced by animals fed agricultural products bearing such 
pesticide residues. In each instance an evaluation of all available data 
will result in a conclusion either:
    (1) That finite residues will actually be incurred in these foods 
from feed use of the raw agricultural commodity including its 
byproducts; or
    (2) That it is not possible to establish with certainty whether 
finite residues will be incurred, but there is a reasonable expectation 
of finite residues; or
    (3) That it is not possible to establish with certainty whether 
finite residues will be incurred, but there is no reasonable expectation 
of finite residues.
    (b) When the data show that finite residues will actually be 
incurred in milk, eggs, meat, and/or poultry, a tolerance will be 
established on the raw agricultural commodity used as feed provided that 
tolerances can be established at the same time, on the basis of the 
toxicological and other data available, for the finite residues incurred 
in milk, eggs, meat, and/or poultry. When it is not possible to 
determine with certainty whether finite residues will be incurred in 
milk, eggs, meat, and/or poultry but there is a reasonable expectation 
of finite residues in light of data reflecting exaggerated pesticides 
levels in feeding studies, a tolerance will be established on the raw 
agricultural commodity provided that appropriate tolerances can be 
established at the same time, on the basis of the toxicological and 
other data available, for the finite residues likely to be incurred in 
these foods through the feed use of the raw agricultural commodity or 
its byproducts. When it is not possible to determine with certainty 
whether finite residues will be incurred in milk, eggs, meat, and/or 
poultry but there is no reasonable expectation of finite residues in 
light of data such as those reflecting exaggerated pesticide levels in 
feeding studies and those elucidating the biochemistry of the pesticide 
chemical in the animal, a tolerance may be established on the raw 
agricultural commodity without the necessity of a tolerance on food 
products derived from the animal.
    (c) The principles outlined in paragraphs (a) and (b) of this 
section will also be followed with respect to tolerances for residues 
which will actually

[[Page 324]]

be incurred or are reasonably to be expected in milk, eggs, meat, and/or 
poultry by the use of pesticides directly on the animal or administered 
purposely in the feed or drinking water.
    (d) Tolerances contemplated by paragraphs (a) and (b) of this 
section will in addition to toxicological considerations be conditioned 
on the availability of a practicable analytical method to determine the 
pesticide residue; that is, the method must be sensitive and reliable at 
the tolerance level or in special cases at a higher level where such 
level is deemed satisfactory and safe in light of the toxicity of the 
pesticide residue and of the unlikelihood of such residue exceeding the 
tolerance. The analytical methods to be used for enforcement purposes 
will be those set forth in the ``Pesticide Analytical Manual'' (see 
Sec. 180.101(c)). The sensitivities of these methods are expressed in 
that manual.