[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: 40CFR172.43]



[Page 261-262]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 172_EXPERIMENTAL USE PERMITS--Table of Contents

 

   Subpart C_Notification for Certain Genetically Modified Microbial 

                               Pesticides

 

Sec.  172.43  Definitions.



    Source: 59 FR 45612, Sept. 1, 1994, unless otherwise noted.



[[Page 262]]





    Terms used in this subpart shall, with the exception of those 

defined below, have the meaning set forth in the Act and in Sec.  172.1.

    Containment and inactivation controls means any combination of 

mechanical, procedural, or biological controls designed and operated to 

restrict environmental release of viable microorganisms from a facility.

    Deliberately modified means the directed addition, rearrangement, or 

removal of nucleotide sequences to or from genetic material.

    Introduction of genetic material means the movement of nucleotide 

sequences into a microorganism, regardless of the technique used.

    Inversions of genetic material means the replacement of an internal 

section of a chromosome in the reverse orientation.

    Microbial pesticide means any pesticide whose active ingredient is a 

microorganism intended for preventing, destroying, repelling, or 

mitigating any pest, or intended for use as a plant regulator, 

defoliant, or desiccant.

    Microbial pesticides resulting from rearrangements means a microbial 

pesticide resulting from translocations or inversions of genetic 

material.

    Microorganism means a bacterium, fungus, alga, virus, or protozoan.

    Nonindigenous microbial pesticide means a microbial pesticide 

brought into one of the following geographic areas from outside that 

area:

    (1) The continental United States, including Alaska, and the 

immediately adjoining countries (i.e., Canada and Mexico).

    (2) The Hawaiian Islands.

    (3) The Caribbean Islands including Puerto Rico and the U.S. Virgin 

Islands.

    Pesticidal property means a characteristic exhibited by a 

microorganism that contributes to the intentional use of the 

microorganism to prevent, destroy, repel, or mitigate a pest or to act 

as a plant regulator, defoliant, or desiccant.

    Single genome means the sum total of chromosomal and 

extrachromosomal genetic material of an isolate and any descendants 

derived under axenic culture conditions from that isolate.

    Small-scale test means the experimental use of a microbial pesticide 

in a facility such as a laboratory or greenhouse, or use in limited 

replicated field trials or other tests as described in Sec.  172.3(c).

    Test or testing means any use of a microbial pesticide consistent 

with section 5 of the Act, including limited replicated field trials and 

associated activities.

    Translocations of genetic material means a chromosomal configuration 

in which part of a chromosome becomes attached to a different 

chromosome, or inserts in a different location on the same chromosome.