Section

[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR180.1]

[Page 346-348]

TITLE 40--PROTECTION OF ENVIRONMENT

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

PART 180_TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE CHEMICALS IN

Subpart A_Definitions and Interpretative Regulations

Sec. 180.1 Definitions and interpretations.

Definitions and Interpretations

(a) Administrator, without qualification, means the Administrator of
the Environmental Protection Agency.
(b) Agency, without qualification, means the Environmental
Protection Agency.
(c) FFDCA means the Federal Food, Drug, and Cosmetic Act, as
amended, 21 U.S.C. 301-392.
(d) Raw agricultural commodities include, among other things, fresh
fruits, whether or not they have been washed and colored or otherwise
treated in their unpeeled natural form; vegetables in their raw or
natural state, whether or not they have been stripped of their outer
leaves, waxed, prepared into fresh green salads, etc.; grains, nuts,
eggs, raw milk, meats, and similar agricultural produce. It does not
include foods that have been processed, fabricated, or manufactured by
cooking, freezing, dehydrating, or milling.
(e) Where a raw agricultural commodity bearing a pesticide chemical
residue that has been exempted from the requirement of a tolerance, or
which is within a tolerance permitted under FFDCA section 408, is used
in preparing a processed food, the processed food will not be considered
unsafe within the meaning of FFDCA sections 402 and 408(a), despite the
lack of a tolerance or exemption for the pesticide chemical residue in
the processed food, if:
(1) The pesticide chemical has been used in or on the raw
agricultural commodity in conformity with a tolerance under this
section;
(2) The pesticide chemical residue has been removed to the extent
possible in good manufacturing practice; and
(3) The concentration of the pesticide chemical residue in the
processed food is not greater than the tolerance prescribed for the
pesticide chemical residue on the raw agricultural commodity.
(f) For the purpose of computing fees as required by Sec. 180.33,
each group of related crops listed in Sec. 180.34(e) and each crop
group or subgroup listed in Sec. 180.41 is counted as a single raw
agricultural commodity in a petition or request for tolerances or
exemption from the requirement of a tolerance.
(g) Tolerances and exemptions established for pesticide chemicals in
or on the general category of raw agricultural commodities listed in
column A apply to the corresponding specific raw agricultural
commodities listed in column B. However, a tolerance or exemption for a
specific commodity in column B does not apply to the general category in
column A.

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A B
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Alfalfa....................................... Medicago sativa, (alfalfa, lucerne); Onobrychio viciaefolia
(sainfoin, holy clover, esparcet); and Lotus corniculatus
(birdsfoot trefoil); and varieties and/or hybrids of these.
Bananas....................................... Bananas, plantains.
Beans......................................... Cicer arietinum (chick peas, garbanzo beans); Lupinus spp.
(including sweet lupine, white sweet lupine, white lupine, and
grain lupine). Phaseolus spp. (including kidney beans, lima
beans, mung beans, navy beans, pinto beans, snap beans, and
waxbeans); Vicia faba (broad beans, fava beans); Vigna spp.
(including asparagus beans, blackeyed peas and cowpeas).
Beans (dry)................................... All beans above in dry form only.
Beans (succulent)............................. All beans above in succulent form only.
Blackberries.................................. Rubus eubatus (including bingleberries, black satin berries,
boysenberries, Cherokee blackberries, Chesterberries, Cheyenne
blackberries, coryberries, darrowberries, dewberries, Dirksen
thornless berries, Himalayaberries, hullberries, Lavacaberries,
lowberries, Lucretiaberries, mammoth blackberries,
marionberries, nectarberries, olallieberries, Oregon evergreen
berries, phenomenalberries, rangerberries, ravenberries,
rossberries, Shawnee blackberries, and varieties and/or hybrids
of these).
Broccoli...................................... Broccoli, chinese broccoli (gia lon, white flowering broccoli).
Cabbage....................................... Cabbage, Chinese cabbage (tight-heading varieties only).
Caneberries................................... Rubus spp. (including blackberries; Rubus caesius (youngberry);
Rubus loganbaccus (loganberry); Rubus occidentalis, idaeus, and
strigosus (red and black raspberries); and varieties and/or
hybrids of these.
Celery........................................ Celery, Florence fennel (sweet anise, sweet fennel, finochio)
(fresh leaves and stalks only).
Cherries...................................... Sour cherries, sweet cherries.
Citrus fruits................................. Grapefruit, lemons, limes, oranges, tangelos, tangerines, citrus
citron, kumquats, and hybrids of these.
Endive........................................ Endive, escarole.

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Lettuce....................................... Lettuce, head; and lettuce, leaf
Lettuce, head................................. Lettuce, head; crisphead varieties only
Lettuce, leaf................................. Lettuce, leaf; cos (romaine), butterhead varieties
Marjoram...................................... Origanum spp. (includes sweet or annual marjoram, wild marjoram
or oregano, and pot marjoram).
Melons........................................ Muskmelons, including hybrids and/or varieties of Cucumis melo
(including true cantaloupe, cantaloupe, casaba, Santa Claus
melon, crenshaw melon, honeydew melon, honey balls, Persian
melon, golden pershaw melon, mango melon, pineapple melon,
snake melon); and watermelons, including hybrids and/or
varieties of (Citrullus spp.).
Muskmelons.................................... Cucumis melo (includes true cantaloupe, cantaloupe, casaba,
Santa Claus melon, crenshaw melon, honeydew melon, honey balls,
Persian melon, golden pershaw melon, mango melon, pineapple
melon, snake melon, and other varieties and/or hybrids of
these.)
Onions........................................ Dry bulb onions, green onions, and garlic.
Onions (dry bulbs only)....................... Garlic, onions (dry bulbs only), shallots (dry bulbs only).
Onions, green................................. Green onions, leeks, spring onions or scallions, Japanese
bunching onions, green shallots, or green eschalots.
Oriental radish (root and tops)............... Raphanus sativus var. longipinnatus (root and tops), including
Chinese or Japanese radish (both white and red), winter radish,
daikon, lobok, lo pak, and other cultivars and/or hybrids of
these.
Peaches....................................... Peaches, nectarines
Peas.......................................... Cajanus cajan (includes pigeon peas); Cicer spp. (includes chick
peas and garbanzo beans); Lens culinaris (lentils); Pisum spp.
(includes dwarf peas, garden peas, green peas, English peas,
field peas, and edible pod peas). [Note: A variety of pesticide
tolerances have been previously established for peas and/or
beans. Chick peas/garbanzo beans are now classified in both the
bean and the pea categories. For garbanzo beans/chick peas
ONLY, the highest established pea or bean tolerance will apply
to pesticide residues found in this commodity.]
Peas (dry).................................... All peas in dry form only.
Peas (succulent).............................. All peas in succulent form only.
Peppers....................................... All varieties of peppers including pimentos and bell, hot, and
sweet peppers.
Rapeseed...................................... Brassica napus, B. campestris, and Crambe abyssinica (oilseed-
producing varieties only which include canola and crambe.)
Sorghum (grain)............................... Sorghum spp. [sorghum (grain), sudangrass (seed crop), and
hybrids of these grown for its seed].
Sorghum (fodder, forage)...................... Sorghum ssp. [(sorghum (fodder, forage), sudangrass, and hybrids
of these grown for fodder and/or forage)].
Squash........................................ Pumpkins, summer, and winter squash.
Sugar apple................................... Annona squamosa L. (sugar apple, sweetsop, anon), and its hybrid
A. squamosa L.xA. cherimoya M. (atemoya). Also A. reticulata L.
(true custard apple).
Summer squash................................. Fruits of the gourd (Cucurbitaceae) family that are consumed
when immature, 100% of the fruit is edible either cooked or
raw, once picked it cannot be stored, has a soft rind which is
easily penetrated, and if seeds were harvested they would not
germinate; e.g., Cucurbita pepo (i.e., crookneck squash,
straightneck squash, scallop squash, and vegetable marrow);
Lagenaria spp. (i.e., spaghetti squash, hyotan, cucuzza); Luffa
spp. (i.e., hechima, Chinese okra); Momordica spp. (i.e.,
bitter melon, balsam pear, balsam apple, Chinese cucumber);
Sechium edule (chayote); and other cultivars and/or hybrids of
these.
Sweet potatoes................................ Sweet potatoes, yams.
Tangerines.................................... Tangerines (mandarins or mandarin oranges); tangelos, tangors,
and other hybrids of tangerine with other citrus.
Tomatoes...................................... Tomatoes, tomatillos.
Turnip tops or turnip greens.................. Broccoli raab (raab, raab salad), hanover salad, turnip tops
(turnip greens).
Wheat......................................... Wheat, triticale.
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(h) Unless otherwise specified, tolerances and exemptions
established under the regulations in this part apply to residues from
only preharvest application of the chemical.
(i) Unless otherwise specified in this paragraph or in tolerance
regulations prescribed in this part for specific pesticide chemicals,
the raw agricultural commodity or processed food to be examined for
pesticide residues, shall consist of the whole raw agricultural
commodity or processed food.
(1) The raw agricultural commodity bananas, when examined for
pesticide residues, shall not include any crown tissue or stalk.
(2) Shell shall be removed and discarded from nuts before
examination for pesticide residues.
(3) Caps (hulls) shall be removed and discarded from strawberries
before examination for pesticide residues.
(4) Stems shall be removed and discarded from melons before
examination for pesticide residues.
(5) Roots, stems, and outer sheaths (or husks) shall be removed and
discarded from garlic bulbs and dry bulb onions, and only the garlic
cloves and onion bulbs shall be examined for pesticide residues.

[[Page 348]]

(6) Where a tolerance is established on a root vegetable including
tops and/or with tops, and the tops and the roots are marketed together,
they shall be analyzed separately and neither the pesticide residue on
the roots nor the pesticide residue on the tops shall exceed the
tolerance level, except that in the case of carrots, parsnips, and
rutabagas, the tops shall be removed and discarded before analyzing
roots for pesticide residues.
(7) The crowns (leaves at the top of the fruit) shall be removed and
discarded from pineapples before examination for pesticide residues.
(8) The term lima beans means the beans and the pod.
(9) The term peanuts means the peanut meat after removal of the
hulls.
(10) For processed foods consisting primarily of one ingredient and
sold in a form requiring further preparation prior to consumption (e.g.,
fruit juice concentrates, dehydrated vegetables, and powdered potatoes),
the processed food to be examined for residues shall be the whole
processed commodity after compensating for or reconstituting to the
commodity's normal moisture content, unless a tolerance for the
concentrated or dehydrated food form is included in this part. If there
exists a tolerance for a specific pesticide on the processed food in its
concentrated or dehydrated food form, for the purpose of determining
whether the food is in compliance with that tolerance, the processed
food to be examined for residues shall be the whole processed commodity
on an ``as is'' basis.
(j) The term pesticide chemical shall have the meaning specified in
FFDCA section 201(q)(1), as amended, except as provided in Sec. 180.4.
(k) The term negligible residue means any amount of a pesticide
chemical remaining in or on a raw agricultural commodity or group of raw
agricultural commodities that would result in a daily intake regarded as
toxicologically insignificant on the basis of scientific judgment of
adequate safety data. Ordinarily this will add to the diet an amount
which will be less than 1/2,000th of the amount that has been
demonstrated to have no effect from feeding studies on the most
sensitive animal species tested. Such toxicity studies shall usually
include at least 90-day feeding studies in two species of mammals.
(l) The term nonperishable raw agricultural commodity means any raw
agricultural commodity not subject to rapid decay or deterioration that
would render it unfit for consumption. Examples are cocoa beans, coffee
beans, field-dried beans, field-dried peas, grains, and nuts. Not
included are eggs, milk, meat, poultry, fresh fruits, and vegetables
such as onions, parsnips, potatoes, and carrots.
(m) The term tolerance with regional registration means any
tolerance which is established for pesticide residues resulting from the
use of the pesticide pursuant to a regional registration. Such a
tolerance is supported by residue data from specific growing regions for
a raw agricultural commodity. Individual tolerances with regional
registration are designated in separate subsections in 40 CFR 180.101
through 180.999, as appropriate. Additional residue data which are
representative of the proposed use area are required to expand the
geographical area of usage of a pesticide on a raw agricultural
commodity having an established ``tolerance with regional
registration.'' Persons seeking geographically broader registration of a
crop having a ``tolerance with regional registration'' should contact
the appropriate EPA product manager concerning additional residue data
required to expand the use area.
(n) The term pesticide chemical residue shall have the meaning
specified in FFDCA section 201(q)(2), as amended, except as provided in
Sec. 180.4.
(o) The term food commodity means:
(1) Any raw agricultural commodity (food or feed) as defined in
section 201(r) of the Federal Food, Drug, and Cosmetic Act (FFDCA); and
(2) Any processed food or feed as defined in section 201(gg) of the
FFDCA.

[36 FR 22540, Nov. 25, 1971]

Editorial Note: For Federal Register citations affecting Sec.
180.1, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.

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