[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR158.202]



[Page 97-100]

 

                   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]



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    (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 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.



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    (e) Hazard to humans and domestic animals. Data required to assess 

hazards to humans and domestic animals are derived from a variety of 

acute, subchronic 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 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



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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]



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