[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR163.12]

[Page 164-165]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 163--CERTIFICATION OF USEFULNESS OF PESTICIDE CHEMICALS--Table of Contents
 
Sec. 163.12  Opinion as to residue.

    (a) In forming an opinion whether the tolerance or exemption 
proposed by the petitioner reasonably reflects the amount of residue 
likely to result when the pesticide chemical is used in the

[[Page 165]]

manner proposed, consideration will be given, among other things, to:
    (1) Data furnished by the petitioner showing (i) the results of 
tests to ascertain the amount of residue remaining, including a 
description of the analytical methods used, and (ii) practicable methods 
for removing residue which exceeds any proposed tolerance;
    (2) Reports of other experimental work before the Director in 
publications, the official files of the Agency, or otherwise;
    (3) Opinions of experts qualified in the fields involved.
    (b) If a tolerance proposed by the petitioner is reasonably to 
reflect the amount of residue likely to result when a pesticide chemical 
is used, it must be large enough to include all residue which is likely 
to result when the pesticide chemical is used in the manner proposed by 
the petitioner, but not larger than needed for this purpose. The 
tolerance proposed by the petitioner may take into account reduction of 
residue by washing, brushing, or other applicable method.
    (c) If there is insufficient information before the Director to 
support an opinion as to whether the tolerance proposed by the 
petitioner reasonably reflects the amount of residue likely to result, 
the opinion will so state.