[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: 40CFR174.456]



[Page 274-275]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 174_PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS

--Table of Contents

 

              Subpart W_Tolerances and Tolerance Exemptions

 

Sec.  174.456  Bacillus thuringiensis modified Cry3A protein (mCry3A) and 

the genetic material necessary for its production in corn.



    Bacillus thuringiensis modified Cry3A protein (mCry3A) and the 

genetic material necessary for its production in corn is temporarily 

exempt from the requirement of a tolerance when used as plant-

incorporated protectant in the food and feed commodities of field corn, 

sweet corn and popcorn. Genetic material necessary for its production 

means the genetic material which comprise genetic material encoding the 

mCry3A protein and its regulatory regions. Regulatory regions are the 

genetic material, such as promoters, terminators, and enhancers, that 

control the expression of the genetic material encoding the mCry3A 

protein. This temporary exemption from the requirement of a tolerance 

will permit the use of the food commodities in this paragraph when 

treated in accordance with the provisions of the experimental use permit 

67979-EUP-4 which is being



[[Page 275]]



issued under the Federal Insecticide, Fungicide, and Rodenticide Act 

(FIFRA), as amended (7 U.S.C. 136). This temporary exemption from the 

requirement of a tolerance expires and is revoked October 15, 2007; 

however, if the experimental use permit is revoked, or if any experience 

with or scientific data on this pesticide indicate that the tolerance is 

not safe, this temporary exemption from the requirement of a tolerance 

may be revoked at any time.



[71 FR 13273, Mar. 15, 2006]