[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: 40CFR158.202]

[Page 98-100]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 158_DATA REQUIREMENTS FOR REGISTRATION--Table of Contents
 
                    Subpart D_Data Requirement Tables
 
Sec. 158.202  Purposes of the registration data requirements.


    (a) General. The data requirements for registration are intended to 
generate data and information necessary to address concerns pertaining 
to the identity, composition, potential adverse effects and 
environmental fate of each pesticide.
    (b) [Reserved]
    (c) Residue chemistry. (1) Residue Chemistry Data are used by the 
Agency to estimate the exposure of the general population to pesticide 
residues in food and for setting and enforcing tolerances for pesticide 
residues in food or feed.
    (2) Information on the chemical identity and composition of the 
pesticide product, the amounts, frequency and time of pesticide 
application, and results of test on the amount of residues remaining on 
or in the treated food or feed, are needed to support a finding as to 
the magnitude and identity of residues which result in food or animal 
feed as a consequence of a proposed pesticide usage.
    (3) Residue chemistry data are also needed to support the adequacy 
of one or more methods for the enforcement of the tolerance, and to 
support practicable methods for removing residues that exceed any 
proposed tolerance.
    (d) Environmental fate--(1) General. The data generated by 
environmental fate studies are used to: assess the toxicity to man 
through exposure of humans to pesticide residues remaining after 
application, either upon reentering treated areas or from consuming 
inadvertently-contaminated food; assess the presence of widely 
distributed and persistent pesticides in the environment which may 
result in loss of usable land, surface water, ground water, and wildlife 
resources; and, assess the potential environmental exposure of other 
nontarget organisms, such as fish and wildlife, to pesticides. Another 
specific purpose of the environmental fate data requirements is to help 
applicants and the Agency estimate expected environmental concentrations 
of pesticides in specific habitats where threatened or endangered 
species or other wildlife populations at risk are found.
    (2) Degradation studies. The data from hydrolysis and photolysis 
studies are used to determine the rate of pesticide degradation and to 
identify pesticides that may adversely affect nontarget organisms.
    (3) Metabolism studies. Data generated from aerobic and anaerobic 
metabolism studies are used to determine the nature and availability of 
pesticides to rotational crops and to aid in the evaluation of the 
persistence of a pesticide.
    (4) Mobility studies. These data requirements pertain to leaching, 
adsorption/desorption, and volatility of pesticides. They provide 
information on the mode of transport and eventual destination of the 
pesticide in the environment. This information is used to assess 
potential environmental hazards related to: contamination of human and 
animal food; loss of usable land and water resources to man through 
contamination of water (including ground water); and habitat loss of 
wildlife resulting from pesticide residue movement or transport in the 
environment.
    (5) Dissipation studies. The data generated from dissipation studies 
are used to assess potential environmental hazards (under actual field 
use conditions) related to: reentry into treated areas; hazards from 
residues in rotational crop and other food sources; and the loss of land 
as well as surface and ground water resources.
    (6) Accumulation studies. Accumulation studies indicate pesticide 
residue levels in food supplies that originate from wild sources or from 
rotational crops. Rotational crop studies are necessary to establish 
realistic crop rotation restrictions and to determine if tolerances may 
be needed for residues on rotational crops. Data from irrigated crop 
studies are used to determine the amount of pesticide residues that 
could be taken up by representative crops irrigated with water 
containing pesticide residues. These studies allow the Agency to 
establish label restrictions regarding application of pesticides on 
sites where the residues can be taken up by irrigated crops. These data 
also provide information that aids the Agency in establishing

[[Page 99]]

any corresponding tolerances that would be needed for residues on such 
crops. Data from pesticides accumulation studies in fish are used to 
establish label restrictions to prevent applications in certain sites so 
that there will be minimal residues entering edible fish or shell fish. 
These residue data are also used to determine if a tolerance or action 
level is needed for residues in aquatic animals eaten by humans.
    (e) Hazard to humans and domestic animals. Data required to assess 
hazards to humans and domestic animals are derived from a variety of 
acute, sub chronic and chronic toxicity tests, and tests to assess 
mutagenicity and pesticide metabolism.
    (1) Acute studies. Determination of acute oral, dermal and 
inhalation toxicity is usually the initial step in the assessment and 
evaluation of the toxic characteristics of a pesticide. These data 
provide information on health hazards likely to arise soon after, and as 
a result of, short-term exposure. Data from acute studies serve as a 
basis for classification and precautionary labeling. For example, acute 
toxicity data are used to calculate farmworker reentry intervals and to 
develop precautionary label statements pertaining to protective clothing 
requirements for applicators. They also: provide information used in 
establishing the appropriate dose levels in subchronic and other 
studies; provide initial information on the mode of toxic action(s) of a 
substance; and determine the need for child resistant packaging. 
Information derived from primary eye and primary dermal irritation 
studies serves to identify possible hazards from exposure of the eyes, 
associated mucous membranes and skin.
    (2) Subchronic studies. Subchronic tests provide information on 
health hazards that may arise from repeated exposures over a limited 
period of time. They provide information on target organs and 
accumulation potential. The resulting data are also useful in selecting 
dose levels for chronic studies and for establishing safety criteria for 
human exposure. These tests are not capable of detecting those effects 
that have a long latency period for expression (e.g., carcinogenicity).
    (3) Chronic studies. Chronic toxicity (usually conducted by feeding 
the test substance to the test species) studies are intended to 
determine the effects of a substance in a mammalian species following 
prolonged and repeated exposure. Under the conditions of this test, 
effects which have a long latency period or are cumulative should be 
detected. The purpose of long-term oncogenicity studies is to observe 
test animals over most of their life span for the development of 
neoplastic lesions during or after exposure to various doses of a test 
substance by an appropriate route of administration.
    (4) Teratogenicity and reproduction studies. The teratogenicity 
study is designed to determine the potential of the test substance to 
induce structural and/or other abnormalities to the fetus as the result 
of exposure of the mother during pregnancy. Two-generation reproduction 
testing is designed to provide information concerning the general 
effects of a test substance on gonadal function, estrus cycles, mating 
behavior, conception, parturition, lactation, weaning, and the growth 
and development of the offspring. The study may also provide information 
about the effects of the test substance on neonatal morbidity, 
mortality, and preliminary data on teratogenesis and serve as a guide 
for subsequent tests.
    (5) Mutagenicity studies. For each test substance a battery of tests 
are required to assess potential to affect the mammalian cell's genetic 
components. The objectives underlying the selection of a battery of 
tests for mutagenicity assessment are:
    (i) To detect, with sensitive assay methods, the capacity of a 
chemical to alter genetic material in cells.
    (ii) To determine the relevance of these mutagenic changes to 
mammals.
    (iii) When mutagenic potential is demonstrated, to incorporate these 
findings in the assessment of heritable effects, oncogenicity, and 
possibly, other health effects.
    (6) Metabolism studies. Data from studies on the absorption, 
distribution, excretion, and metabolism of a pesticide aid in the 
valuation of test results from other toxicity studies and in the 
extrapolation of data from animals

[[Page 100]]

to man. The main purpose of metabolism studies is to produce data which 
increase the Agency's understanding of the behavior of the chemical in 
its consideration of the human exposure anticipated from intended uses 
of the pesticide.
    (f) Reentry Protection. Data required to assess hazard to farm 
employees resulting from reentry into areas treated with pesticides are 
derived from studies on toxicity, residue dissipation, and human 
exposure. Monitoring data generated during exposure studies are used to 
determine the quantity of pesticide to which people may be exposed after 
application and to develop reentry intervals.
    (g) Pesticide Spray Drift Evaluation. Data required to evaluate 
pesticide spray drift are derived from studies of droplet size spectrum 
and spray drift field evaluations. These data contribute to development 
of the overall exposure estimate and along with data on toxicity for 
humans, fish and wildlife, or plants are used to assess the potential 
hazard of pesticides to these organisms. A purpose common to all these 
tests is to provide data which will be used to determine the need for 
(and appropriate wording for) precautionary labeling to minimize the 
potential adverse effect to nontarget organisms.
    (h) Hazard to nontarget organisms--(1) General. The information 
required to assess hazards to nontarget organisms are derived from tests 
to determine pesticidal effects on birds, mammals, fish, terrestrial and 
aquatic invertebrates, and plants. These tests include short-term acute, 
subacute, reproduction, simulated field, and full field studies arranged 
in a hierarchial or tier system which progresses from the basic 
laboratory tests to the applied field tests. The results of each tier of 
tests must be evaluated to determine the potential of the pesticide to 
cause adverse effects, and to determine whether further testing is 
required. A purpose common to all data requirements is to provide data 
which determines the need for (and appropriate wording for) 
precautionary label statements to minimize the potential adverse effects 
to nontarget organisms.
    (2) Short term studies. The short-term acute and subchronic 
laboratory studies provide basic toxicity information which serves as a 
starting point for the hazard assessment. These data are used: to 
establish acute toxicity levels of the active ingredient to the test 
organisms; to compare toxicity information with measured or estimated 
pesticide residues in the environment in order to assess potential 
impacts on fish, wildlife and other nontarget organisms; and to indicate 
whether further laboratory and/or field studies are needed.
    (3) Long term and field studies. Additional studies (i.e., avian, 
fish, and invertebrate reproduction, lifecycle studies and plant field 
studies) may be required when basic data and environmental conditions 
suggest possible problems. Data from these studies are used to: estimate 
the potential for chronic effects, taking into account the measured or 
estimated residues in the environment; and to determine if additional 
field or laboratory data are necessary to further evaluate hazards. 
Simulated field and/or field data are used to examine acute and chronic 
adverse effects on captive or monitored fish and wildlife populations 
under natural or near-natural environments. Such studies are required 
only when predictions as to possible adverse effects in less extensive 
studies cannot be made, or when the potential for adverse effects is 
high.
    (i) Product performance. Requirements to develop data on product 
performance provide a mechanism to ensure that pesticide products will 
control the pests listed on the label and that unnecessary pesticide 
exposure to the environment will not occur as a result of the use of 
ineffective products. Specific performance standards are used to 
validate the efficacy data in the public health areas, including 
disinfectants used to control microorganisms infectious to man in any 
area of the inanimate environment and those pesticides used to control 
vertebrates (such as rodents, birds, bats and skunks) that may directly 
or indirectly transmit diseases to humans.

[49 FR 42881, Oct. 24, 1984. Redesignated and amended at 53 FR 15993, 
May 4, 1988]

[[Page 101]]