[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: 40CFR180.32]



[Page 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.  180.32  Procedure for modifying and revoking tolerances or 

exemptions from tolerances.



    (a) The Administrator on his/her own initiative may propose the 

issuance of a regulation modifying or revoking a tolerance for a 

pesticide chemical residue on raw agricultural commodities or processed 

foods or modifying or revoking an exemption from tolerance for such 

residue.

    (b) Any person may file with the Administrator a petition proposing 

the issuance of a regulation modifying or revoking a tolerance or 

exemption from a tolerance for a pesticide chemical residue. The 

petition shall furnish reasonable grounds for the action sought. 

Reasonable grounds shall include an explanation showing wherein the 

person has a substantial interest in such tolerance or exemption from 

tolerance and an assertion of facts (supported by data if available) 

showing that new uses for the pesticide chemical have been developed or 

old uses abandoned, that new data are available as to toxicity of the 

chemical, or that experience with the application of the tolerance or 

exemption from tolerance may justify its modification or revocation. 

Evidence that a person has registered or has submitted an application 

for the registration of a pesticide under the Federal Insecticide, 

Fungicide, and Rodenticide Act will be regarded as evidence that the 

person has a substantial interest in a tolerance or exemption from the 

requirement of a tolerance for a pesticide chemical that consists in 

whole or in part of the pesticide. New data should be furnished in the 

form specified in Sec.  180.7(b) for submitting petitions, as 

applicable.

    (c) The procedures for completing action on an Administrator 

initiated proposal or a petition shall be those specified in Sec. Sec.  

180.29 and 180.7, as applicable.



[70 FR 33362, June 8, 2005]



[[Page 322]]