[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: 40CFR159.178]

[Page 144-145]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 159_STATEMENTS OF POLICIES AND INTERPRETATIONS--Table of Contents
 
      Subpart D_Reporting Requirements for Risk/Benefit Information
 
Sec. 159.178  Information on pesticides in or on food, feed or water.

    (a) Food and feed. Information must be submitted if it shows that 
the pesticide is present in or on food or feed at a level in excess of 
established levels, except that information on excess residues resulting 
solely from studies conducted under authority of FIFRA section 5 or 
under other controlled research studies conducted to test a pesticide 
product need not be submitted, provided that the treated crop is not 
marketed as a food or feed commodity. The information to be submitted is 
the same as that required in Sec. 159.184(c)(1), (2), (3), and 
(4)(iv)(E), (F), (G), and (H).
    (b) Water. (1) Information must be submitted if it shows that a 
pesticide is present above the water reference level in any of the 
following instances:
    (i) Waters of the United States, as defined in Sec. 122.2 of this 
chapter, except paragraph (d) of Sec. 122.2.
    (ii) Ground water.
    (iii) Finished drinking water.
    (2) If the lowest detectable amount of the pesticide is reported, 
the detection limit must also be reported.
    (3) Information need not be submitted regarding the detection of a 
pesticide in waters of the United States or finished drinking water if 
the pesticide is registered for use in finished drinking water or 
surface water and the amount detected does not exceed the amounts 
reported by a registrant in its application for registration, as 
resulting in those waters from legal applications of the pesticide.
    (4) Information need not be submitted concerning detections of 
pesticides in waters of the United States, ground water or finished 
drinking water if the substance detected is an inert ingredient, or a 
metabolite, degradate, contaminant or impurity of a pesticide product, 
unless EPA has established or proposed a maximum contaminant level (MCL) 
or health advisory level (HAL) for that substance, or has estimated a 
health advisory level based on an established reference dose

[[Page 145]]

(RfD) for that substance, and notified registrants of that level.
    (5) Information to be submitted is the same as that required in 
Sec. 159.184(c)(1), (2), (3), (4)(iv) and (v), and (5)(vi).

[62 FR 49388, Sept. 19, 1997; 63 FR 33582, June 19, 1998]