[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR174.454]

[Page 309-310]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 174_PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS--Table 
 
              Subpart W_Tolerances and Tolerance Exemptions
 
Sec. 174.454  Bacillus thuringiensis Cry2Ab2 protein and the genetic material 

necessary for its production in corn.

    Bacillus thuringiensis Cry2Ab2 protein and the genetic material 
necessary for its production in corn is exempt from the requirement of a 
tolerance when used as plant-incorporated protectant in the food and 
feed commodities of field corn, sweet corn and popcorn. Genetic material 
necessary for its production means the genetic material which comprise 
genetic material encoding the Cry2Ab2 protein and its regulatory 
regions. Regulatory regions are the genetic material, such as promoters, 
terminators, and enhancers, that control the expression of the genetic 
material encoding the Cry2Ab2 protein. This temporary exemption from the 
requirement of a tolerance will permit the use

[[Page 310]]

of the food commodities in this paragraph when treated in accordance 
with the provisions of the experimental use permit 524-EUP-97 which is 
being issued under the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA), as amended (7 U.S.C. 136). This temporary exemption from 
the requirement of a tolerance expires and is revoked June 30, 2009; 
however, if the experimental use permit is revoked, or if any experience 
with or scientific data on this pesticide indicate that the tolerance is 
not safe, this temporary exemption from the requirement of a tolerance 
may be revoked at any time.

[71 FR 40436, July 17, 2006]

    Effective Date Note: At 72 FR 20434, Apr. 25, 2007, Sec. 174.454 
was redesignated as Sec. 174.503 and revised, effective July 24, 2007. 
For the convenience of the user, the revised text is set forth as 
follows: