[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: 40CFR159.178]



[Page 135-136]

 

                   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 136]]



(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]