[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: 40CFR180.31]



[Page 320-321]

 

                   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 B_Procedural Regulations

 

Sec.  180.31  Temporary tolerances.



    (a) A temporary tolerance (or exemption from a tolerance) 

established under the authority of FFDCA section 408(r) shall be deemed 

to be a tolerance (or exemption from the requirement of a tolerance) for 

the purposes of FFDCA section 408(a)(1) or (a)(2) and for the purposes 

of Sec.  180.30.

    (b) A request for a temporary tolerance or a temporary exemption 

from a tolerance by a person who has obtained or is seeking an 

experimental permit for a pesticide chemical under the Federal 

Insecticide, Fungicide, and Rodenticide Act shall be accompanied



[[Page 321]]



by such data as are available on subjects outlined in Sec.  180.7(b) and 

an advance deposit to cover fees as provided in Sec.  180.33.

    (c) To obtain a temporary tolerance, a requestor must comply with 

the petition procedures specified in FFDCA section 408(d) and Sec.  

180.7 except as provided in this section.

    (d) A temporary tolerance or exemption from a tolerance may be 

issued for a period designed to allow the orderly marketing of the raw 

agricultural commodities produced while testing a pesticide chemical 

under an experimental permit issued under authority of the Federal 

Insecticide, Fungicide, and Rodenticide Act if the Administrator 

concludes that the safety standard in FFDCA section 408(b)(2) or (c), as 

applicable, is met. Subject to the requirements of FFDCA section 408(e), 

a temporary tolerance or exemption from a tolerance may be revoked if 

the experimental permit is revoked, or may be revoked at any time if it 

develops that the application for a temporary tolerance contains a 

misstatement of a material fact or that new scientific data or 

experience with the pesticide chemical indicates that it does not meet 

the safety standard in FFDCA section 408(b)(2) or (c), as applicable.

    (e) Conditions under which a temporary tolerance is established 

shall include:

    (1) A limitation on the amount of the chemical to be used on the 

designated crops permitted under the experimental permit.

    (2) A limitation for the use of the chemical on the designated crops 

to bona fide experimental use by qualified persons as indicated in the 

experimental permit.

    (3) A requirement that the person or firm which obtains the 

experimental permit for which the temporary tolerance is established 

will immediately inform the Environmental Protection Agency of any 

reports on findings from the experimental use that have a bearing on 

safety.

    (4) A requirement that the person or firm which obtained the 

experimental permit for which the temporary tolerance is established 

will keep records of production, distribution, and performance for a 

period of 2 years and, on request, at any reasonable time, make these 

records available to any authorized officer or employee of the 

Environmental Protection Agency.



[70 FR 33362, June 8, 2005]