[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: 40CFR799.9325]



[Page 354-360]

 

                   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.  799.9325  TSCA 90-day dermal toxicity.



    (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 chemical, 

the determination of subchronic dermal toxicity may be carried out after 

initial information on toxicity has been obtained by acute testing. The 

subchronic dermal study has been designed to permit the determination of 

the no-observed-effects level (NOEL) and toxic effects associated with 

continuous or repeated exposure to a test substance for a period of 90 

days. This study is not capable of determining those effects that have a 

long latency period for development (e.g., carcinogenicity and life 

shortening). Extrapolation from the results of this study to humans is 

valid only to a limited degree. It can, however, provide useful 

information on the degree of percutaneous absorption, target organs, the 

possibilities of accumulation, and can be of use in selecting dose 

levels for chronic studies and for establishing safety criteria for 

human exposure.

    (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 870.3250 (August 1998, final 

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

this section.

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

section.

    Cumulative toxicity is the adverse effect of repeated doses 

occurring as a result of prolonged action or increased concentration of 

the administered test substance or its metabolites in susceptible 

tissues.

    Dose in a subchronic dermal study is the amount of test substance 

applied daily to the skin for 90 days. Dose is expressed as weight of 

the test substance (grams, milligrams), per unit body weight of test 

animal (milligrams per kilogram), or as weight of the test substance per 

unit of surface area (milligrams per square centimeter) per day.

    No-observed-effects level (NOEL) is the maximum dose used in a study 

which produces no adverse effects. The NOEL is expressed in terms of the 

weight of a test substance given daily per unit weight of test animal 

(milligrams per kilogram per day).



[[Page 355]]



    Subchronic dermal toxicity is the adverse effects occurring as a 

result of the repeated daily exposure of experimental animals to a 

chemical by the dermal route for a part of the test animal's life span.

    Target organ is any organ of a test animal showing evidence of an 

effect induced by a test substance.

    (d) Limit test. If a test at one dose level of at least 1,000 mg/kg 

body weight (expected human exposure may indicate the need for a higher 

dose level), using the procedures described for this section, produces 

no observable toxic effects or if toxic effects would not be expected 

based upon data on structurally related compounds, a full study using 

three dose levels might not be necessary.

    (e) Test procedures--(1) Animal selection--(i) Species and strain. A 

mammalian species must be used for testing. The rat, rabbit, or guinea 

pig may be used. Commonly used laboratory strains must be employed. If 

other mammalian species are used, the tester must provide justification/

reasoning for their selection. When a subchronic dermal study is 

conducted as a preliminary to a chronic dermal study, the same species 

and strain must be used in both studies.

    (ii) Age/weight. (A) Testing should be started with young healthy 

animals as soon as possible after weaning and acclimatization.

    (B) Dosing should generally begin in guinea pigs between 5-6 weeks 

of age, in rats between 8-9 weeks of age, and in rabbits at least 12 

weeks old.

    (C) At the commencement of the study, the weight variation of 

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

    (iii) Sex. Equal numbers of animals of each sex with healthy skin 

must be used at each dose level. The females shall be nulliparous and 

nonpregnant except for specially designed studies.

    (iv) Numbers. (A) At least 20 animals (10 animals per sex) must be 

used at each dose level.

    (B) If interim sacrifices are planned, the number must be increased 

by the number of animals scheduled to be sacrificed before completion of 

the study.

    (C) To avoid bias, the use of adequate randomization procedures for 

the proper allocation of animals to test and control groups is required.

    (D) Each animal must be assigned a unique identification number. 

Dead animals, their preserved organs and tissues, and microscopic slides 

must be identified by reference to the animal's unique number.

    (v) Husbandry. (A) Animals should be housed in individual cages.

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

3 [deg]C

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

50 20%.

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

light/12 hours dark.

    (E) Control and test animals must be fed from the same batch and 

lot. The feed should be analyzed to assure adequacy of nutritional 

requirements of the species tested and for impurities that might 

influence the outcome of the test. For feeding, conventional laboratory 

diets may be used with an unlimited supply of drinking water.

    (F) The study should not be initiated until animals have been 

allowed a period of acclimatization/quarantine to environmental 

conditions, nor should animals from outside sources be placed on test 

without an adequate period of quarantine. An acclimation period of at 

least five days is recommended.

    (2) Control and test substances. (i) Where necessary, the test 

substance is dissolved or suspended in a suitable vehicle. If a vehicle 

or diluent is needed, the vehicle should not elicit toxic effects or 

substantially alter the chemical or toxicological properties of the test 

substance. It is recommended that, whenever possible, the usage of an 

aqueous solution be considered first, followed by consideration of a 

solution of oil and then solution of other vehicles.

    (ii) One lot of the test substance should be used, if possible, 

throughout the duration of the study, and the research sample should be 

stored under conditions that maintain its purity and stability. Prior to 

the initiation of the study, there should be a characterization of the 

test substance, including the purity of the test compound and if 

technically feasible, the name and



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quantities of unknown contaminants and impurities.

    (iii) If the test substance is dissolved or suspended in a vehicle, 

the period during which the test substance is stable in such a mixture 

should be determined prior to the initiation of the study. Its 

homogeneity and concentration should be determined prior to the 

initiation of the study and periodically during the study. Statistically 

randomized samples of the mixture should be analyzed to ensure that 

proper mixing, formulation, and storage procedures are being followed, 

and that the appropriate concentration of the test or control substance 

is contained in the mixture.

    (3) Control groups. A concurrent control group is required. This 

group must be an untreated or sham-treated control group or, if a 

vehicle is used in the application of the test substance, a vehicle 

control group. If the toxic properties of the vehicle are not known or 

not available, both untreated/sham-treated and vehicle control groups 

are required.

    (4) Satellite group. A satellite group of 20 animals (10 animals per 

sex) may be treated with the high dose level for 90 days and observed 

for reversibility, persistence, or delayed occurrence of toxic effects 

for a post-treatment period of appropriate length, normally not less 

than 28 days. In addition a control group of 20 animals (10 animals per 

sex) should be added to the satellite study.

    (5) Dose levels and dose selection. (i) In subchronic toxicity 

tests, it is desirable to determine a dose-response relationship as well 

as a NOEL. Therefore, at least three dose levels plus a control and, 

where appropriate, a vehicle control (corresponding to the concentration 

of vehicle at the highest dose level) group shall be used. Doses should 

be spaced appropriately to produce test groups with a range of toxic 

effects. The data should be sufficient to produce a dose-response curve.

    (ii) The highest dose level should elicit signs of toxicity but not 

produce severe skin irritation or an incidence of fatality which would 

prevent a meaningful evaluation. If application of the test substance 

produces severe skin irritation, the concentration may be reduced, 

although this may result in a reduction in, or absence of, other toxic 

effects at the high dose level. If the skin has been badly damaged early 

in the study, it may be necessary to terminate the study and undertake a 

new one at lower concentrations.

    (iii) The intermediate dose levels should be spaced to produce a 

gradation of toxic effects.

    (iv) The lowest dose level should not produce any evidence of toxic 

effects.

    (6) Preparation of animal skin. Shortly before testing, fur must be 

clipped from not less than 10% of the body surface area for application 

of the test substance. In order to dose approximately 10% of the body 

surface, the area starting at the scapulae (shoulders) to the wing of 

the ileum (hipbone) and half way down the flank on each side of the 

animal should be shaved. Shaving should be carried out approximately 24 

hours before dosing. Repeated clipping or shaving is usually needed at 

approximately weekly intervals. When clipping or shaving the fur, care 

should be taken to avoid abrading the skin which could alter its 

permeability.

    (7) Preparation of test substance. (i) Liquid test substances are 

generally used undiluted, except as indicated in paragraph (e)(5)(ii) of 

this section.

    (ii) Solids should be pulverized when possible. The substance should 

be moistened sufficiently with water or, when necessary, a suitable 

vehicle to ensure good contact with the skin. When a vehicle is used, 

the influence of the vehicle on toxicity of, and penetration of the skin 

by, the test substance should be taken into account.

    (iii) The volume of application should be kept constant, e.g., less 

than 300 [micro]L for the rat; different concentrations of test solution 

shall be prepared for different dose levels.

    (8) Administration of test substance. (i) The duration of exposure 

should be at least for 90 days.

    (ii) Ideally, the animals should be treated with test substance for 

at least 6 hours per day on a 7-day per week basis. However, based on 

practical considerations, application on a 5-day per week basis is 

acceptable. Dosing should be conducted at approximately the same time 

each day.



[[Page 357]]



    (iii) The test substance must be applied uniformly over the 

treatment site.

    (iv) The surface area covered may be less for highly toxic 

substances. As much of the area should be covered with as thin and 

uniform a film as possible.

    (v) During the exposure period, the test substance must be held in 

contact with the skin with a porous gauze dressing (less than or equal 

to 8 ply). The test site must be further covered with nonirritating tape 

to retain the gauze dressing and the test substance and to ensure that 

the animals cannot ingest the test substance. Restrainers may be used to 

prevent the ingestion of the test substance, but complete immobilization 

is not recommended. The test substance may be wiped from the skin after 

the six-hour exposure period to prevent ingestion.

    (9) Observation of animals. (i) Observations must be made at least 

twice each day for morbidity and mortality. 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 or sacrifice of 

weak or moribund animals). General clinical observations must be made at 

least once a day, preferably at the same time each day, taking into 

consideration the peak period of anticipated effects after dosing. The 

clinical condition of the animal should be recorded.

    (ii) A careful clinical examination must be made at least once 

weekly. Observations should be detailed and carefully recorded, 

preferably using explicity 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 

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

backwards).

    (iii) Signs of toxicity should be recorded as they are observed 

including the time of onset, degree and duration.

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

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

    (v) Food consumption must also be determined weekly if abnormal body 

weight changes are observed.

    (vi) Moribund animals should be removed and sacrificed when noticed 

and the time of death should be recorded as precisely as possible.

    (vii) At termination, all survivors in the control and treatment 

groups must be sacrificed.

    (10) Clinical pathology. Hematology and clinical chemistry 

examinations must be made on all animals, including controls, of each 

sex in each group. The hematology and clinical chemistry parameters 

should be examined at terminal sacrifice at the end of the study. 

Overnight fasting of the animals prior to blood sampling is recommended. 

Overall, there is a need for a flexible approach in the measures 

examined, depending on the observed or expected effects from a chemical, 

and in the frequency of measures, depending on the duration of potential 

chemical exposures.

    (i) Hematology. The recommended parameters are red blood cell count, 

hemoglobin concentration, hematocrit, mean corpuscular volume, mean 

corpuscular hemoglobin, and mean corpuscular hemoglobin concentration, 

white blood cell count, differential leukocyte count, platelet count, 

and a measure of clotting potential, such as prothrombin time or 

activated partial thromboplastin time.

    (ii) Clinical chemistry. (A) Parameters which are considered 

appropriate to all studies are electrolyte balance, carbohydrate 

metabolism, and liver and kidney function. The selection of specific 

tests will be influenced by observations on the mode of action of the 

substance and signs of clinical toxicity.

    (B) The recommended clinical chemistry determinations are potassium, 

sodium, glucose, total cholesterol, urea nitrogen, creatinine, total 

protein and albumin. More than 2 hepatic enzymes, (such as alanine 

aminotransferase, aspartate aminotransferase, alkaline phosphatase, 

sorbitol dehydrogenase, or gamma glutamyl transpeptidase)



[[Page 358]]



should also be measured. Measurements of additional enzymes (of hepatic 

or other origin) and bile acids, may also be useful.

    (C) If a test chemical has an effect on the hematopoietic system, 

reticulocyte counts and bone marrow cytology may be indicated.

    (D) Other determinations that should be carried out if the test 

chemical is known or suspected of affecting related measures include 

calcium, phosphorus, fasting triglycerides, hormones, methemoglobin, and 

cholinesterases.

    (iii) Optionally, the following urinalysis determinations could be 

performed during the last week of the study using timed urine volume 

collection: appearance, volume, osmolality or specific gravity, pH, 

protein, glucose and blood/blood cells.

    (11) Ophthalmological examination. Using an ophthalmoscope or an 

equivalent device, ophthalmological examinations must be made on all 

animals prior to the administration of the test substance and on all 

high dose and control groups at termination. If changes in the eyes are 

detected, all animals in the other dose groups must be examined.

    (12) Gross necropsy. (i) All animals must be subjected to a full 

gross necropsy which includes examination of the external surface of the 

body, all orifices, and the cranial, thoracic and abdominal cavities and 

their contents.

    (ii) The liver, brain, kidneys, spleen, adrenals, testes, 

epididymides, uterus, ovaries, thymus and heart must be trimmed and 

weighed wet, as soon as possible after dissection.

    (iii) The following organs and tissues, or representative samples 

thereof, must be preserved in a suitable medium for possible future 

histopathological examination:

    (A) Digestive system--salivary glands, esophagus, stomach, duodenum, 

jejunum, ileum, cecum, colon, rectum, liver, pancreas, gallbladder (when 

present).

    (B) Nervous system--brain (multiple sections, including cerebrum, 

cerebellum and medulla/pons), pituitary, peripheral nerve (sciatic or 

tibial, preferably in close proximity to the muscle), spinal cord (three 

levels, cervical, mid-thoracic and lumbar), eyes (retina, optic nerve).

    (C) Glandular system--adrenals, parathyroid, thyroid.

    (D) Respiratory system--trachea, lungs, pharynx, larynx, nose.

    (E) Cardiovascular/Hematopoietic system--aorta, heart, bone marrow 

(and/or fresh aspirate), lymph nodes (preferably one lymph node covering 

the route of administration and another one distant from the route of 

administration to cover systemic effects), spleen, thymus.

    (F) Urogenital system--kidneys, urinary bladder, prostate, testes, 

epididymides, seminal vesicle(s), uterus, ovaries, female mammary gland.

    (G) Other--all gross lesions and masses, skin (both treated and 

adjacent untreated areas).

    (13) Histopathology. (i) The following histopathology must be 

performed:

    (A) Full histopathology on the organs and tissues, listed in 

paragraph (e)(12)(iii) of this section, of all animals in the control 

and high dose groups and all animals that died or were sacrificed during 

the study.

    (B) All gross lesions in all animals.

    (C) Target organs in all animals.

    (D) When a satellite group is used, histopathology must be performed 

on tissues and organs identified as showing toxic effects in the treated 

groups.

    (ii) If excessive early deaths or other problems occur in the high 

dose group compromising the significance of the data, the next dose 

level must be examined for complete histopathology.

    (iii) An attempt should be made to correlate gross observations with 

microscopic findings.

    (iv) Tissues and organs designated for microscopic examination 

should be fixed in 10% buffered formalin or a recognized suitable 

fixative as soon as necropsy is performed and no less than 48 hours 

prior to trimming.

    (f) Data and reporting--(1) Treatment of results. (i) Data must be 

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

animals at the start of the test, the number of animals showing lesions, 

the types of lesions and the percentage of animals displaying each type 

of lesion.

    (ii) When applicable, all observed results, qualitative and 

quantitative,



[[Page 359]]



should be evaluated by an appropriate and generally acceptable 

statistical method. Any generally accepted statistical method should be 

used; the statistical methods including significance criteria should be 

selected during the design of the study.

    (2) Evaluation of study results. The findings of a subchronic dermal 

toxicity study should be evaluated in conjunction with the findings of 

preceding studies and considered in terms of toxic effects and the 

necropsy and histopathological findings. The evaluation should include 

the relationship between the dose of the test substance, the incidence 

and severity of abnormalities including behavioral and clinical 

abnormalities, gross lesions, identified target organs, body weight 

changes, effect on mortality, and any other general or specific toxic 

effects. A properly conducted 90-day subchronic dermal study should 

provide information on the effects of repeated application of a 

substance and a satisfactory estimation of a NOEL. It also can indicate 

the need for an additional longer-term study and provide information on 

the selection of dose levels.

    (3) Test report. In addition to reporting requirements specified 

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

J, the following specific information must be reported:

    (i) Test substance characterization should include:

    (A) Chemical identification.

    (B) Lot or batch numbers.

    (C) Physical properties.

    (D) Purity/impurities.

    (ii) Identification and composition of any vehicle if used.

    (iii) Test system should contain data on:

    (A) Species and strain of animals used and rationale for selection 

if other than that recommended.

    (B) Age including body weight data and sex.

    (C) Test environment including cage conditions, ambient temperature, 

humidity, and light/dark periods.

    (D) Identification of animal diet.

    (E) Acclimation period.

    (iv) Test procedure should include the following data:

    (A) Method of randomization used.

    (B) Full description of experimental design and procedure.

    (C) Dose regime including levels, method, and volume.

    (v) Test results should include:

    (A) Group animal data. Tabulation of toxic response data by species, 

strain, sex and exposure level for:

    (1) Number of animals exposed.

    (2) Number of animals showing signs of toxicity.

    (3) Number of animals dying.

    (B) Individual animal data. Data should be presented as summary 

(group mean) as well as for individual animals.

    (1) Date of death during the study or whether animals survived to 

termination.

    (2) Date of observation of each abnormal sign and its subsequent 

course.

    (3) Body weight data.

    (4) Feed consumption data, when collected.

    (5) Results of ophthalmological examination.

    (6) Results of hematological tests performed.

    (7) Results of clinical chemistry tests performed.

    (8) Results of urinalysis, when performed.

    (9) Results of observations made.

    (10) Necropsy findings, including absolute and relative (to body 

weight) organ weight data.

    (11) Detailed description of all histopathological findings.

    (12) Statistical treatment of results, where appropriate.

    (g) Quality control. A system must be developed and maintained to 

assure and document adequate performance of laboratory equipment. The 

study must be conducted in compliance with the Good Laboratory Practice 

(GLP) regulations.

    (h) 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) Organization for Economic Cooperation and Development. 

Guidelines



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for Testing of Chemicals, Section 4-Health Effects, Part 411 Subchronic 

Toxicity Studies, Paris, 1981.

    (2) Weingand K, Brown G, Hall R et al. (1996). Harmonization of 

Animal Clinical Pathology Testing in Toxicity and Safety Studies. 

Fundam. & Appl. Toxicol. 29:198-201.



[65 FR 78786, Dec. 15, 2000]