[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR799.9110]



[Page 321-326]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 799_IDENTIFICATION OF SPECIFIC CHEMICAL SUBSTANCE AND MIXTURE 

TESTING REQUIREMENTS--Table of Contents

 

                Subpart H_Health Effects Test Guidelines

 

Sec.  799.9110  TSCA acute oral toxicity.



    Source: 62 FR 43824, Aug. 15, 1997, unless otherwise noted.





    (a) Scope. This section is intended to meet the testing requirements 

under section 4 of the Toxic Substances Control Act (TSCA). In the 

assessment and evaluation of the toxic characteristics of a substance, 

determination of acute oral toxicity is usually an initial step. It 

provides information on health hazards likely to arise from short-term 

exposure by the oral route. Data from an acute study may serve as a 

basis for classification and labeling. It is traditionally a step in 

establishing a dosage regimen in subchronic and other studies and may 

provide initial information



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on the mode of toxic action of a substance. An evaluation of acute 

toxicity data should include the relationship, if any, between the 

exposure of animals to the test substance and the incidence and severity 

of all abnormalities, including behavioral and clinical abnormalities, 

the reversibility of observed abnormalities, gross lesions, body weight 

changes, effects on mortality, and any other toxic effects.

    (b) Source. The source material used in developing this TSCA test 

guideline is the Office of Prevention, Pesticides, and Toxic Substances 

(OPPTS) harmonized test guideline 870.1100 (August 1998, final 

guideline). This source is available at the address in paragraph (f) of 

this section.

    (c) Definitions. The following definitions apply to this section.

    Acute oral toxicity is the adverse effects occurring within a short 

period of time after oral administration of either a single dose of a 

substance or multiple doses given within a 24-hour period.

    Dosage is a general term comprising the dose, its frequency, and the 

duration of dosing.

    Dose is the amount of test substance administered. Dose is expressed 

as weight of test substance (milligrams, grams) per unit weight of test 

animal (e.g., milligrams per kilogram).

    Dose-effect is the relationship between the dose and the magnitude 

of a defined biological effect either in an individual or in a 

population sample.

    Dose-response is the relationship between the dose and the 

proportion of a population sample showing a defined effect.

    LD50 (median lethal dose) is a statistically derived 

estimate of single dose of a substance that can be expected to cause 

death in 50% of animals when administered by the oral route. The 

LD50 value is expressed in terms of weight of test substance 

per unit weight of test animal (milligrams per kilogram).

    (d) Alternative approaches to the determination of acute toxicity. 

(1) EPA will accept the following procedures to reduce the number of 

animals used to evaluate acute effects of chemical exposure while 

preserving its ability to make reasoned judgments about safety:

    (i) Estimation of acute oral toxicity. When further study is 

warranted, EPA generally supports limiting such tests to those using the 

lowest number of animals feasible. EPA will accept three alternative 

Organization for Economic Cooperation and Development (OECD) test 

methods in place of the ``traditional'' acute oral toxicity test. The 

three OECD alternatives are the following:

    (A) The up and down procedure as described in OECD Guideline 425 

referenced in paragraph (f)(4) of this section.

    (B) The acute toxic class method as described in OECD Guideline 423 

and referenced in paragraph (f)(6) of this section.

    (C) The fixed dose method as described in OECD Guideline 420 and 

referenced in paragraph (f)(5) of this section.

    (ii) Limit test. When data on structurally related chemicals are 

inadequate, a limit test may be considered. If rodents are used, a limit 

dose of at least 2,000 mg per kilogram of body weight may be 

administered to a single group of five males and five females using the 

procedures described in paragraph (e) of this section. If no lethality 

is demonstrated, no further testing for acute oral toxicity is needed. 

(Under current policy and regulations for pesticide products, 

precautionary statements may still be required unless there are data to 

indicate the LD50 is greater than 5,000 mg/kg.) If compound-

related mortality is produced in the limit test, further study may need 

to be considered.

    (2) [Reserved]

    (e) Conventional acute toxicity test--(1) Principle of the test 

method. The test substance is administered orally by gavage in graduated 

doses to several groups of experimental animals, one dose being used per 

group. The doses chosen may be based on the results of a range finding 

test. Subsequently, observations of effects and deaths are made. Animals 

that die during the test are necropsied, and at the conclusion of the 

test the surviving animals are sacrificed and necropsied. This section 

is directed primarily to studies in rodent species but may be adapted 

for studies in nonrodents. Animals showing severe



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and enduring signs of distress and pain may need to be humanely 

sacrificed. Dosing test substances in a way known to cause marked pain 

and distress due to corrosive or irritating properties need not be 

carried out.

    (2) Substance to be tested. Test, control, and reference substances 

are described in 40 CFR Part 792--Good Laboratory Practice Standards.

    (3) Test procedures--(i) Preparations. Healthy young adult animals 

are acclimatized to the laboratory conditions for at least 5 days prior 

to the test before the test animals are randomized and assigned to the 

treatment groups.

    (ii) Animal selection--(A) Species and strain. Although several 

mammalian test species may be used, the rat is the preferred species. 

Commonly used laboratory strains must be employed. If another species is 

used, the tester must provide justification and reasoning for its 

selection.

    (B) Age. Young adult rats between 8- and 12-weeks-old at the 

beginning of dosing should be used. Rabbits should be at least 12 weeks 

of age at study initiation. The weight variation of animals used in a 

test must be within 20% of the mean weight for each sex.

    (C) Number and sex of animals. (1) At least five experimentally 

naive rodents are used at each dose level. They should all be of the 

same sex. After completion of the study in one sex, at least one group 

of five animals of the other sex is dosed to establish that animals of 

this sex are not markedly more sensitive to the test substance. The use 

of fewer animals may be justified in individual circumstances. Where 

adequate information is available to demonstrate that animals of the sex 

tested are markedly more sensitive, testing in animals of the other sex 

may be dispensed with. An acceptable option would be to test at least 

one group of five animals per sex at one or more dose levels to 

definitively determine the more sensitive sex prior to conducting the 

main study.

    (2) The females must be nulliparous and nonpregnant.

    (3) In acute toxicity tests with animals of a higher order than 

rodents, the use of smaller numbers should be considered.

    (D) Assignment of animals. Each animal must be assigned a unique 

identification number. A system to assign animals to test groups and 

control groups randomly is required.

    (E) Housing. Animals may be group-caged by sex, but the number of 

animals per cage must not interfere with clear observation of each 

animal. The biological properties of the test substance or toxic effects 

(e.g., morbidity, excitability) may indicate a need for individual 

caging.

    (1) The temperature of the experimental animal rooms should be at 22 

 3 [deg]C for rodents.

    (2) The relative humidity of the experimental animal rooms should be 

30 to 70%.

    (3) Where lighting is artificial, the sequence should be 12-hours 

light/12-hours dark.

    (4) For feeding, conventional laboratory diets may be used with an 

unlimited supply of drinking water.

    (iii) Dose levels and dose selection. (A) Three dose levels must be 

used, spaced appropriately to produce test groups with a range of toxic 

effects and mortality rates. The data collected must be sufficient to 

produce a dose-response curve and permit an acceptable estimation of the 

LD50. Range finding studies using single animals may help to 

estimate the positioning of dose groups so that no more than three dose 

levels will be necessary.

    (B) Limit test. This test has been defined and described in 

paragraph (d)(1)(ii) of this section.

    (C) Vehicle. Where necessary, the test substance is dissolved or 

suspended in a suitable vehicle. If a vehicle or diluent is needed, it 

should not elicit toxic effects itself nor substantially alter the 

chemical or toxicological properties of the test substance. It is 

recommended that wherever possible the use of an aqueous solution be 

considered first, followed by consideration of a solution in oil (e.g., 

corn oil), and then by consideration of possible solution in other 

vehicles. Toxic characteristics of nonaqueous vehicles should be known, 

and, if not known, should be determined before the test.

    (D) Volume. The maximum volume of liquid that can be administered at 

one time depends on the size of the test



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animal. In rodents, the volume should not exceed 1 mL/100 g body weight, 

except when an aqueous solution is used in which case 2 mL/100 g may be 

administered. Either constant volume or constant concentration 

administration is acceptable when dosing, provided the following 

guidance is employed. When possible, the liquid test material should be 

dosed neat. Otherwise, it may be diluted, using the highest 

concentration possible, although volumes less than 0.5 mL per animal 

would not be required. Lower dose volumes are acceptable if they can be 

accurately administered. Solid materials should be suspended or 

dissolved in the minimum amount of vehicle and dosed at the highest 

concentration possible.

    (iv) Exposure and exposure duration. (A) Animals must be fasted 

prior to test substance administration. For the rat, feed should be 

withheld overnight; for other rodents with higher metabolic rates a 

shorter period of fasting is appropriate.

    (B) The test substance must be administered in a single dose by 

gavage, using a stomach tube or suitable intubation cannula.

    (C) If a single dose is not possible, the dose may be given in 

smaller fractions over a period not exceeding 24 hours. Where a dose is 

administered in fractions, it may be necessary to provide the animals 

with food and water, depending on the length of the dosing period.

    (D) After the substance has been administered, feed may be withheld 

for an additional 3-4 hours.

    (v) Observation period. Although 14 days is recommended as a minimum 

observation period, the duration of observation should not be fixed 

rigidly. It should be determined by the toxic reactions, rate of onset, 

and length of recovery period, and may thus be extended when considered 

necessary. The time at which signs of toxicity appear, their duration, 

and the time to death are important, especially if there is a tendency 

for deaths to be delayed.

    (vi) Observation of animals. (A) A careful clinical examination must 

be made at least once each day.

    (B) Additional observations must be made daily, especially in the 

early days of the study. Appropriate actions should be taken to minimize 

loss of animals to the study (e.g., necropsy or refrigeration of those 

animals found dead and isolation of weak or moribund animals).

    (C) Observations must be detailed and carefully recorded, preferably 

using explicitly defined scales. Observations should include, but not be 

limited to, evaluation of skin and fur, eyes and mucous membranes, 

respiratory and circulatory effects, autonomic effects such as 

salivation, central nervous system effects, including tremors and 

convulsions, changes in the level of activity, gait and posture, 

reactivity to handling or sensory stimuli, altered strength, and 

stereotypies or bizarre behavior (e.g., self-mutilation, walking 

backwards).

    (D) Individual weights of animals must be determined shortly before 

the test substance is administered, weekly thereafter, and at death. 

Changes in weights should be calculated and recorded when survival 

exceeds 1 day.

    (E) The time of death should be recorded as precisely as possible.

    (vii) Gross pathology. (A) At the end of the test, surviving animals 

must be weighed and sacrificed.

    (B) A gross necropsy must be performed on all animals under test. 

All gross pathology changes should be recorded.

    (C) If necropsy cannot be performed immediately after a dead animal 

is discovered, the animal should be refrigerated (not frozen) at 

temperatures low enough to minimize autolysis. Necropsies should be 

performed as soon as practicable, normally within a day or two.

    (viii) Additional evaluation. Microscopic examination of organs 

showing evidence of gross pathology in animals surviving 24 hours or 

more should also be considered because it may yield useful information.

    (ix) Data and reporting--(A) Treatment of results. Data must be 

summarized in tabular form, showing for each test group the number of 

animals at the start of the test, body weights, time of death of 

individual animals at different dose levels, number of animals 

displaying other signs of toxicity, description of toxic effects, and 

necropsy findings. Any methods used for calculation



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of the LD50 or any other parameters should be specified and 

referenced. Methods for parameter estimation are described in the 

references listed in paragraphs (f)(1), (f)(2), and (f)(3) of this 

section.

    (B) Evaluation of results. An evaluation should include the 

relationship, if any, between exposure of the animals to the test 

substance and the incidence and severity of all abnormalities, including 

behavioral and clinical abnormalities, gross lesions, body weight 

changes, effects on mortality, and any other toxic effects. The 

LD50 value should always be considered in conjunction with 

the observed toxic effects and any necropsy findings. The 

LD50 value is a relatively coarse measurement, useful only as 

a reference value for classification and labeling purposes, and for an 

expression of the lethal potential of the test substance by the 

ingestion route. Reference should always be made to the experimental 

animal species in which the LD50 value was obtained.

    (C) Test report. In addition to the reporting requirements specified 

under EPA Good Laboratory Practice Standards at 40 CFR part 792, subpart 

J, the following specific information must be reported. The test report 

shall include:

    (1) Species, strain, sex, and source of test animals.

    (2) Method of randomization in assigning animals to test and control 

groups.

    (3) Rationale for selection of species, if other than that 

recommended.

    (4) Tabulation of individual and test group data by sex and dose 

level (e.g., number of animals exposed, number of animals showing signs 

of toxicity and number of animals that died or were sacrificed during 

the test).

    (i) Description of toxic effects, including their time of onset, 

duration, reversibility, and relationship to dose.

    (ii) Body weights.

    (iii) Time of dosing and time of death after dosing.

    (iv) Dose-response curves for mortality and other toxic effects 

(when permitted by the method of determination).

    (v) Gross pathology findings.

    (vi) Histopathology findings and any additional clinical chemistry 

evaluations, if performed.

    (5) Description of any pretest conditioning, including diet, 

quarantine and treatment for disease.

    (6) Description of caging conditions including: Number (or change in 

number) of animals per cage, bedding material, ambient temperature and 

humidity, photoperiod, and identification of diet of test animals.

    (7) Manufacturer, source, purity, and lot number of test substance.

    (8) Relevant properties of substance tested including physical state 

and pH (if applicable).

    (9) Identification and composition of any vehicles (e.g., diluents, 

suspending agents, and emulsifiers) or other materials used in 

administering the test substance.

    (10) A list of references cited in the body of the report. 

References to any published literature used in developing the test 

protocol, performing the testing, making and interpreting observations, 

and compiling and evaluating the results.

    (f) References. For additional background information on this test 

guideline, the following references should be consulted. These 

references are available for inspection at the TSCA Nonconfidential 

Information Center, Rm. NE-B607, Environmental Protection Agency, 401 M 

St., NW., Washington, DC, 12 noon to 4 p.m., Monday through Friday, 

except legal holidays.

    (1) Chanter, D.O. and Heywood, R. The LD50 Test: Some 

Considerations of Precision. Toxicology Letters 10:303-307 (1982).

    (2) Finney, D.J. Chapter 3--Estimation of the median effective dose 

and Chapter 4--Maximum likelihood estimation, Probit Analysis, 3rd ed. 

Cambridge, London (1971).

    (3) Finney, D.J. The Median Lethal Dose and Its Estimation. Archives 

of Toxicology 56:215-218 (1985).

    (4) Organization for Economic Cooperation and Development. OECD 

Guidelines for the Testing of Chemicals. OECD Guideline 425: Acute Oral 

Toxicity: Up-and-Down Procedure, Approved: June 1998.

    (5) Organization for Economic Cooperation and Development. OECD



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Guidelines for Testing of Chemicals. Guideline 420: Acute Oral 

Toxicity--Fixed Dose Method, Adopted: July 17, 1992.

    (6) Organization for Economic Cooperation and Development. OECD 

Guidelines for Testing of Chemicals. Guideline 423: Acute Oral 

Toxicity--Acute Toxic Class Method, Adopted: March 22, 1996.

    (7) Organization for Economic Cooperation and Development. OECD 

Guidelines for Testing of Chemicals. Guideline 401: Acute Oral Toxicity, 

Adopted: February 24, 1987.



[65 FR 78771, Dec. 15, 2000]