[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: 40CFR180.6]



[Page 316-317]

 

                   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.  180.6  Pesticide tolerances regarding milk, eggs, meat, and/or 

poultry; statement of policy.



    (a) When establishing tolerances for pesticide residues in or on raw 

agricultural commodities, consideration is always given to possible 

residues of those pesticide chemicals or their conversion products 

entering the diet of man through the ingestion of milk, eggs, meat, and/

or poultry produced by animals fed agricultural products bearing



[[Page 317]]



such pesticide residues. In each instance an evaluation of all available 

data will result in a conclusion either:

    (1) That finite residues will actually be incurred in these foods 

from feed use of the raw agricultural commodity including its 

byproducts; or

    (2) That it is not possible to establish with certainty whether 

finite residues will be incurred, but there is a reasonable expectation 

of finite residues; or

    (3) That it is not possible to establish with certainty whether 

finite residues will be incurred, but there is no reasonable expectation 

of finite residues.

    (b) When the data show that finite residues will actually be 

incurred in milk, eggs, meat, and/or poultry, a tolerance will be 

established on the raw agricultural commodity used as feed provided that 

tolerances can be established at the same time, on the basis of the 

toxicological and other data available, for the finite residues incurred 

in milk, eggs, meat, and/or poultry. When it is not possible to 

determine with certainty whether finite residues will be incurred in 

milk, eggs, meat, and/or poultry but there is a reasonable expectation 

of finite residues in light of data reflecting exaggerated pesticides 

levels in feeding studies, a tolerance will be established on the raw 

agricultural commodity provided that appropriate tolerances can be 

established at the same time, on the basis of the toxicological and 

other data available, for the finite residues likely to be incurred in 

these foods through the feed use of the raw agricultural commodity or 

its byproducts. When it is not possible to determine with certainty 

whether finite residues will be incurred in milk, eggs, meat, and/or 

poultry but there is no reasonable expectation of finite residues in 

light of data such as those reflecting exaggerated pesticide levels in 

feeding studies and those elucidating the biochemistry of the pesticide 

chemical in the animal, a tolerance may be established on the raw 

agricultural commodity without the necessity of a tolerance on food 

products derived from the animal.

    (c) The principles outlined in paragraphs (a) and (b) of this 

section will also be followed with respect to tolerances for residues 

which will actually be incurred or are reasonably to be expected in 

milk, eggs, meat, and/or poultry by the use of pesticides directly on 

the animal or administered purposely in the feed or drinking water.

    (d) Tolerances contemplated by paragraphs (a) and (b) of this 

section will in addition to toxicological considerations be conditioned 

on the availability of a practicable analytical method to determine the 

pesticide residue; that is, the method must be sensitive and reliable at 

the tolerance level or in special cases at a higher level where such 

level is deemed satisfactory and safe in light of the toxicity of the 

pesticide residue and of the unlikelihood of such residue exceeding the 

tolerance. The analytical methods to be used for enforcement purposes 

will be those set forth in the ``Pesticide Analytical Manual'' (see 

Sec.  180.101(c)). The sensitivities of these methods are expressed in 

that manual.