[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: 40CFR180.3]
[Page 312-316]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 180_TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE
CHEMICALS IN FOOD--Table of Contents
Subpart A_Definitions and Interpretative Regulations
Sec. 180.3 Tolerances for related pesticide chemicals.
(a) Pesticide chemicals that cause related pharmacological effects
will be regarded, in the absence of evidence to the contrary, as having
an additive deleterious action. (For example, many pesticide chemicals
within each of the following groups have related pharmacological
effects: Chlorinated organic pesticides, arsenic-containing chemicals,
metallic dithiocarbamates, cholinesterase-inhibiting pesticides.)
(b) Tolerances established for such related pesticide chemicals may
limit the amount of a common component (such as
As2O3) that may be present, or may limit the
amount of biological activity (such as cholinesterase inhibition) that
may be present, or may limit the total amount of related pesticide
chemicals (such as chlorinated organic pesticides) that may be present.
(c)(1) Where tolerances for inorganic bromide in or on the same raw
agricultural commodity are set in two or more sections in this part
(example: Sec. Sec. 180.123 and 180.199), the overall quantity of
inorganic bromide to be tolerated from use of the same pesticide in
different modes of application or from two or more pesticide chemicals
for which tolerances are established is the highest of the separate
applicable tolerances. For example, where the bromide tolerance on
asparagus from methyl bromide commodity fumigation is 100 parts per
million (40 CFR 180.123) and on asparagus from methyl bromide soil
treatment is 300 parts per million (40 CFR 180.199), the overall
inorganic bromide tolerance for asparagus grown on methyl bromide-
treated soil and also fumigated with methyl bromide after harvest is 300
parts per million.
(2) Where tolerances are established in terms of inorganic bromide
residues only from use of organic bromide fumigants on raw agricutural
commodities, such tolerances are sufficient to protect the public
health, and no additional concurrent tolerances for the organic
pesticide chemicals from such use are necessary. This conclusion is
based on evidence of the dissipation of the organic pesticide or its
conversion to inorganic bromide residues in the food when ready to eat.
(d)(1) Where tolerances are established for both calcium cyanide and
hydrogen cyanide on the same raw agricultural commodity, the total
amount of such pesticides shall not yield more residue than that
permitted by the larger of the two tolerances, calculated as hydrogen
cyanide.
(2) Where tolerances are established for residues of both O,O-
diethyl S-[2-(ethylthio)ethyl] phosphorodithioate and demeton (a mixture
of O,O-diethyl O-(and S-) [2-(ethylthio)ethyl] phosphorothioates) on the
same raw agricultural commodity, the total amount of such pesticides
shall not yield more residue than that permitted by the larger of the
two tolerances, calculated as demeton.
(3) Where tolerances are established for both terpene
polychlorinates (chlorinated mixture of camphene, pinene, and related
terpenes, containing 65-66 percent chlorine) and toxaphene (chlorinated
camphene containing 67-69 percent chlorine) on the same raw agricultural
commodities, the total amount of such pesticides shall not yield more
residue than that permitted by the larger of the two tolerances,
calculated as a chlorinated terpene of molecular weight 396.6 containing
67 percent chlorine.
(4) Where a tolerance is established for more than one pesticide
containing arsenic found in, or on a raw agricultural commodity, the
total amount of such pesticide shall not exceed the highest established
tolerance calculated as As2O3.
(5) Where tolerances are established for more than one member of the
class of dithiocarbamates listed in paragraph (e)(3) of this section on
the same raw agricultural commodity, the total
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residue of such pesticides shall not exceed that permitted by the
highest tolerance established for any one member of the class,
calculated as zinc ethylenebisdithiocarbamate.
(6) Where tolerances are established for residues of both S,S,S-
tributyl phosphorotrithioate and tributyl phosphorotrithioite in or on
the same raw agricultural commodity, the total amount of such pesticides
shall not yield more residue than that permitted by the higher of the
two tolerances, calculated as S,S,S-tributyl phosphorotrithioate.
(7) Where tolerances are established for residues of [alpha]-
naphthaleneacetamide and/or [alpha]-naphthaleneacetic acid in or on the
same raw agricultural commodity, the total amount of such pesticides
shall not yield more residue than that permitted by the higher of the
two tolerances, calculated as [alpha]-naphthaleneacetic acid.
(8) Where tolerances are established for residues of O,S-dimethyl
phosphoramidothioate, resulting from the use of acephate (O,S-dimethyl
acetylphos-phoramidothioate) and/or O,S - dimethylphosphoramidothioate
on the same agricultural commodity, the total amount of O,S-dimethyl-
phosphoramidothioate shall not yield more residue than that permitted by
the higher of the two tolerances.
(9) Where a tolerance is established for more than one pesticide
having the metabolites 1-(3,4-dichlorophenyl)-3-methylurea (DCPMU) and
3,4-dichlorophenylurea (DCPU) found in or on a raw agricultural
commodity, the total amount of such residues shall not exceed the
highest established tolerance for a pesticide having these metabolites.
(10) Where a tolerance is established for more than one pesticide
having as metabolites compounds containing the benzimidazole moiety
found in or on a raw agricultural commodity, the total amount of such
residues shall not exceed the highest established tolerance for a
pesticide having these metabolites.
(11) Where a tolerance is established for triclopyr, chloropyrifos,
and chlorpyrifos-methyl having the common metabolite 3,5,6-trichloro-2-
pyridinol on the same raw agricultural commodity, the total amount of
such residues shall not exceed the highest established tolerance for any
of the pesticides having the metabolites.
(12) Where tolerances are established for more than one pesticide
having the metabolite 3,5,6-trichloro-2-pyridinol found in or on the raw
agricultural commodity, the total amount of such residues shall not
exceed the highest established tolerance for a pesticide having this
metabolite.
(13) Where tolerances are established for residues of both 1-(4-
chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-butanone
(triadimefon) and beta-(4-chlorophenoxy)-alpha-(1,1-dimethylethyl)-1H-
1,2,4-triazole-1-ethanol (triadimenol) including its butanediol
metabolite, 4-(4-chlorophenoxy)-2,2-dimethyl-4-(1H-1,2,4-triazol-1-yl)-
1,3-butanediol, in or on the same raw agricultural commodity and its
products thereof, the total amount of such residues shall not yield more
residue than that permitted by the higher of the two tolerances.
(14) Where tolerances are established for residues of methomyl,
resulting from the use of thiodicarb and/or methomyl on the same raw
agricultural commodity, the total amount of methomyl shall not yield
more residue than that permitted by the higher of the two tolerances.
(e) Except as noted in paragraphs (e)(1) and (2) of this section,
where residues from two or more chemicals in the same class are present
in or on a raw agricultural commodity the tolerance for the total of
such residues shall be the same as that for the chemical having the
lowest numerical tolerance in this class, unless a higher tolerance
level is specifically provided for the combined residues by a regulation
in this part.
(1) Where residues from two or more chemicals in the same class are
present in or on a raw agricultural commodity and there are available
methods that permit quantitative determination of each residue, the
quantity of combined residues that are within the tolerance may be
determined as follows:
(i) Determine the quantity of each residue present.
[[Page 314]]
(ii) Divide the quantity of each residue by the tolerance that would
apply if it occurred alone, and multiply by 100 to determine the
percentage of the permitted amount of residue present.
(iii) Add the percentages so obtained for all residues present.
(iv) The sum of the percentages shall not exceed 100 percent.
(2) Where residues from two or more chemicals in the same class are
present in or on a raw agricultural commodity and there are available
methods that permit quantitative determinations of one or more, but not
all, of the residues, the amounts of such residues as may be
determinable shall be deducted from the total amount of residues present
and the remainder shall have the same tolerance as that for the chemical
having the lowest numerical tolerance in that class. The quantity of
combined residues that are within the tolerance may be determined as
follows:
(i) Determine the quantity of each determinable residue present.
(ii) Deduct the amounts of such residues from the total amount of
residues present and consider the remainder to have the same tolerance
as that for the chemical having the lowest numerical tolerance in that
class.
(iii) Divide the quantity of each determinable residue by the
tolerance that would apply if it occurred alone and the quantity of the
remaining residue by the tolerance for the chemical having the lowest
numerical tolerance in that class and multiply by 100 to determine the
percentage of the permitted amount of residue present.
(iv) Add the percentages so obtained for all residues present.
(v) The sum of the percentages shall not exceed 100 percent.
(3) The following pesticides are members of the class of
dithiocarbamates:
A mixture of 5.2 parts by weight of ammoniates of [ethylenebis
(dithiocarbamato)] zinc with 1 part by weight ethylenebis
[dithiocarbamic acid] bimolecular and trimolecular cyclic
anhydrosulfides and disulfides.
2-Chloroallyl diethyldithiocarbamate.
Coordination product of zinc ion and maneb containing 20 percent
manganese, 2.5 percent zinc, and 77.5 percent
ethylenebisdithiocarbamate.
Ferbam.
Maneb.
Manganous dimethyldithiocarbamate.
Sodium dimethyldithiocarbamate.
Thiram.
Zineb.
Ziram.
(4) The following are members of the class of chlorinated organic
pesticides:
Aldrin.
BHC (benzene hexachloride).
1,1-Bis(p-chlorophenyl)-2,2,2-trichloroethanol.
Chlorbenside (p-chlorobenzyl p-chlorophenyl sulfide).
Chlordane.
Chlorobenzilate (ethyl 4,4'-dichlorobenzilate).
p-Chlorophenoxyacetic acid.
p-Chlorophenyl-2,4,5-trichlorophenyl sulfide.
2,4-D (2,4-dichlorophenoxyacetic acid).
DDD (TDE).
DDT.
1,1-Dichloro-2,2-bis(p-ethylphenyl) ethane.
2,6-Dichloro-4-nitroaniline.
2,4-Dichlorophenyl p-nitrophenyl ether.
Dieldrin.
Dodecachlorooctahydro-1,3,4-metheno-2H-cyclobuta[cd]pentalene.
Endosulfan (6,7,8,9,10,10-hexachloro-1,5,5a, 6,9,9a-hexahydro-6,9-
methano-2,4,3-benzodioxathiepin-3-oxide).
Endosulfan sulfate (6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-
6,9-methano-2,4,3-benzodioxathiepin-3,3-dioxide).
Heptachlor (1,4,5,6,7,8,8-heptachlor-3a,4,7, 7a-tetrahydro-4,7-
methanoindene).
Heptachlor epoxide (1,4,5,6,7,8,8-heptachloro-2,3-epoxy-2,3,3a,4,7,7a-
hexahydro-4,7-methanoindene).
Hexachlorophene (2,2'-methylenebis(3,4,6-trichlorophenol) and its
monosodium salt.
Isopropyl 4,4'-dichlorobenzilate.
Lindane.
Methoxychlor.
Ovex (p-chlorophenyl p-chlorobenzenesulfonate).
Sesone (sodium 2,4-dichlorophenoxyethyl sulfate, SES).
Sodium 2,4-dichlorophenoxyacetate.
Sodium trichloroacetate.
Sulphenone (p-chlorophenyl phenyl sulfone).
Terpene polychlorinates (chlorinated mixture of camphene, pinene, and
related terpenes 65-66 percent chlorine).
2,3,5,6-Tetrachloronitrobenzene.
Tetradifon (2,4,5,4'-tetrachlorodiphenyl sulfone).
Toxaphene (chlorinated camphene).
Trichlorobenzoic acid.
Trichlorobenzyl chloride.
(5) The following are members of the class of cholinesterase-
inhibiting pesticides:
[[Page 315]]
Acephate (O,S-dimethyl acetyl-phosphoramidothioate) and its
cholinesterase-inhibiting metabolite O,S-dimethyl phosphoramidothioate.
Aldicarb (2-methyl-2-(methylthio) propionaldehyde O-
(methylcarbamoyl)oxime) and its chlorinesterase-inhibiting metabolites
2-methyl-2-(methylsulfinyl)propionaldehyde O-(methycarbamoyl) oxime and
2-methyl-2-(methylsulfonyl)propionaldehyde O-(methylcarbamoyl)oxime.
4-tert-Butyl-2-chlorophenyl methyl methyl phosphoramidate.
S-[(tert-Butylthio)methyl] O,O-diethyl phosphorodithioate and its
cholinesterase-inhibiting metabolites.
Carbaryl (1-naphthyl N-methylcarbamate).
Carbofuran (2,3,-dihydro-2,2-dimethyl-7-benzofuranyl-N-methylcarbamate).
Carbofuran metabolite (2,3-dihydro-2,2-dimethyl-3-hydroxy-7-benofuranyl
N-methylcarbamate).
Carbophenothion (S-[(p-chlorophenyl) thiolmethyl] O,O-diethyl
phosphorodithioate) and its cholinesterase-inhibiting metabolites.
Chlorpyrifos (O,O-diethyl O-(3,5,6-trichloro-2-
pyridyl)phosphorothioate).
Chlorpyrifos-methyl (O,O-dimethyl-O-(3,5,6-trichloro-2-pyridyl)
phosphorothioate.
2-Chloro-1-(2,4,5-trichlorophenyl)vinyl dimethyl phosphate.
2-Chloro-1-(2,4-dichlorophenyl) vinyl diethyl phosphate.
Coumaphos (O,O-diethyl O-3-chloro-4-methyl-2-oxo-2H-1-benzopyran-7-yl
phosran-7-yl phosphate).
Coumaphos oxygen analog (O,O-diethyl O-3-chloro-4-methyl-2-oxo-2H-1-
benzopyphorothioate).
Dialifor (S-(2-chloro-1-phthalimidoethyl) O,O-diethyl
phosphorodithioate).
Dialifor oxygen analog (S-(2-chloro-1-phthalimidoethyl) O,O-diethyl
phosphorothioate).
Demeton (a mixture of O,O-diethyl O-(and S) [2-ethylthio)ethyl]
phosphorothioates).
Ethiolate (S-ethyl diethylthiocarbamate).
2,2-Dichlorovinyl dimethyl phosphate.
O,O-Diethyl S-[2-(ethylthio)ethyl] phosphorodithioate and its
cholinesterase-inhibiting metabolites.
O,O-Diethyl O-(2-diethylamino-6-methyl-4-pyrimidinyl) phosphorothioate
and its oxygen analog diethyl 2-diethylamino-6-methyl-4-pyrimidinyl
phosphate.
O,O-Diethyl O-(2-isoprophyl-4-methyl-6-pyrimidinyl) phosphorothioate.
O,O-Diethyl O-[p-(methylsulfinyl)phenyl] phosphorothioate and its
cholinesterase-inhibiting metabolites.
Diethyl 2-pyrazinyl phosphate.
O,O-Diethyl O-2-pyrazinyl phosphorothioate.
S-(O,O-Diisopropyl phosphorodithioate) of N-(2-mercaptoethyl)
benzenesulfonamide
S-(O,O-Diisopropyl phosphorodithioate) of N-(2-mercaptoethyl)
benzenesulfonamide
2-(Dimethylamino)-5.6-dimethyl-4-pyrimidinyl dimethylcarbamate and its
metabolites 5,6-dimethyl-2-(formylmethylamino)-4-pyrimidinyl
dimethylcarbamate and 5,6-dimethyl-2-(methylamino)-4-pyrimidinyl
dimethylcarbamate (both calculated as parent).
Dimethoate (O,O-dimethyl S-(N-methyl-carbamoylmethyl)
phosphorodithioate).
Dimethoate oxygen analog (O,O-dimethyl S-(N-methylcarbamoylmethyl)
phosphorothioate).
O,O-Dimethyl O-p-(dimethylsulfamoyl) phenyl phosphate.
O,O-Dimethyl O-p-(dimethylsulfamoyl) phenyl phosphorothioate.
3,5-Dimethyl-4-(methylthio) phenyl methylcarbamate.
O,O-Dimethyl S-[4-oxo-1,2,3-benzotriazin-3-(4H)-ylmethyl]
phosphorodithioate.
Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide.
Dimethyl phosphate of 3-hydroxy-N-methyl-cis-crotonamide.
Dimethyl phosphate of [alpha]-methylbenzyl 3-hydroxy-cis-crotonate.
O,O-Dimethyl 2,2,2-trichloro-1-hydroxyethyl phosphonate.
O,O-Dimethyl phosphorodithioate, S-ester with 4-(mercaptomethyl)-2-
methozy-[Delta]2-1,3,4-thiadiazolin-5-one.
Dioxathion (2,3-p-dioxanedithiol S,S-bis (O,O-
diethylphosphorodithioate)) containing approximately 70 percent cis and
trans isomers and approximately 30 percent related compounds.
EPN.
Ethephon ((2- - chloroethyl) phosphonic acid).
Ethion.
Ethion oxygen analog (S-[[(diethoxyphosphinothioyl)thio] methyl] O,O-
diethyl phosphorothioate).
O- Ethyl O-[4-(methylthio) phenyl] S-propyl phosphorodithioate and its
cholinesterase-inhibiting metabolites.
O-Ethyl S,S-dipropylphosphorodithioate.
Ethyl 3-methyl-4-(methylthio)phenyl (1-methylethyl) phosphoramidate and
its cholinesterase-inhibiting metabolites.
O-Ethyl S-phenyl ethylphosphonodithioate.
O-Ethyl S-phenyl ethylphosphonothiolate.
m-(1-Ethylpropyl)phenyl methylcarbamate.
S-[2-Ethylsulfinyl)ethyl] O,O-dimethyl phosphorothioate and its
cholinesterase-inhibiting metabolites, (primarily S-[2-(ethyl-
sulfonyl)ethyl] O,O-dimethyl phosphorothioate).
Fenthion (O,O-dimethyl O-[3-methyl-4-(methylthio)phenyl]phosphorothioate
and its cholinesterase-inhibiting metabolites.
Malathion.
N-(Mercaptomethyl)phthalimide S-(O,O-dimethyl phosphorodithioate).
[[Page 316]]
N-(Mercaptomethyl)phthalimide S-(O,O-dimethyl phosphorothioate).
Methomyl (S-methyl N-[(methylcarbamoyl)oxy]thioacetimidate).
1-Methoxycarbonyl-1-propen-2-yl dimethyl phosphate and its beta isomer.
m-(1-Methylbutyl)phenyl methylcarbamate.
Methyl parathion.
Naled (1,2-dibromo-2,2-dichloroethyl dimethyl phosphate).
Oxamyl (methyl N',N'-dimethyl-N-[(methylcarbamoyl)oxy]-1-
thiooxamimidate)
Parathion.
Phorate (O,O-diethyl S-(ethylthio)methyl phosphorodithioate) and its
cholinesterase-inhibiting metabolites.
Phosalone (S-(6-chloro-3-mercaptomethyl)-2-benzoxazolinone) O,O-diethyl
phosphorodithioate).
Phosphamidon (2-chloro-2-diethylcarbamoyl-1-methylvinyl dimethyl
phosphate) including all of its related cholinesterase-inhibiting
compounds.
Pirimiphos-methyl O-[2-diethylamino-6-methyl-pyrimidinyl) O,O-dimethyl
phosphorothioate
Ronnel.
Schradan (octamethylpyrophosphoramide).
Tetraethyl pyrophosphate.
O,O,O',O'-Tetramethyl O,O'-sulfinyldi-p-phenylene phosphorothioate.
O,O,O',O'-Tetramethyl O,O'-thiodi-p-phenylene phosphorothioate.
Tributyl phosphorotritlioite.
S,S,S-Tributyl phosphorothrithioate.
3,4,5-Trimethylphenyl methylcarbamate and its isomer 2,3,5-
trimethylphenyl methylcarbamate.
(6) The following pesticides are members of the class of
dinitrophenols:
2,4-Dinitro-6-octylphenyl crotonate and 2,6-dinitro-4-octylphenyl
crotonate, mixture of.
4,6-Dinitro-o-cresol and its sodium salt.
Dinoseb (2-sec-butyl-4,6-dinitrophenol) and its alkanolamine, ammonium,
and sodium salts.
[41 FR 8969, Mar. 2, 1976, as amended at 41 FR 10605, Mar. 12, 1976; 41
FR 20660, May 20, 1976; 41 FR 51401, Nov. 22, 1976; 42 FR 6582, Feb. 3,
1977; 43 FR 12682, Mar. 27, 1978; 49 FR 44465, Nov. 7, 1984; 49 FR
45852, Nov. 21, 1984; 50 FR 18485, May 1, 1985; 50 FR 26684, June 27,
1985; 51 FR 28228, Aug. 6, 1986; 54 FR 31835, Aug. 2, 1989; 57 FR 1649,
Jan. 15, 1992; 58 FR 65555, Dec. 15, 1993]