[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: 40CFR180.31]

[Page 357-358]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 180_TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE CHEMICALS IN 
 
                    Subpart B_Procedural Regulations
 
Sec. 180.31  Temporary tolerances.

    (a) A temporary tolerance (or exemption from a tolerance) 
established under the authority of FFDCA section 408(r) shall be deemed 
to be a tolerance (or exemption from the requirement of a tolerance) for 
the purposes of FFDCA section 408(a)(1) or (a)(2) and for the purposes 
of Sec. 180.30.
    (b) A request for a temporary tolerance or a temporary exemption 
from a tolerance by a person who has obtained or is seeking an 
experimental permit for a pesticide chemical under the Federal 
Insecticide, Fungicide, and Rodenticide Act shall be accompanied by such 
data as are available on subjects outlined in Sec. 180.7(b) and an 
advance deposit to cover fees as provided in Sec. 180.33.
    (c) To obtain a temporary tolerance, a requestor must comply with 
the petition procedures specified in FFDCA section 408(d) and Sec. 
180.7 except as provided in this section.
    (d) A temporary tolerance or exemption from a tolerance may be 
issued for a period designed to allow the orderly marketing of the raw 
agricultural commodities produced while testing a pesticide chemical 
under an experimental permit issued under authority of the Federal 
Insecticide, Fungicide, and Rodenticide Act if the Administrator

[[Page 358]]

concludes that the safety standard in FFDCA section 408(b)(2) or (c), as 
applicable, is met. Subject to the requirements of FFDCA section 408(e), 
a temporary tolerance or exemption from a tolerance may be revoked if 
the experimental permit is revoked, or may be revoked at any time if it 
develops that the application for a temporary tolerance contains a 
misstatement of a material fact or that new scientific data or 
experience with the pesticide chemical indicates that it does not meet 
the safety standard in FFDCA section 408(b)(2) or (c), as applicable.
    (e) Conditions under which a temporary tolerance is established 
shall include:
    (1) A limitation on the amount of the chemical to be used on the 
designated crops permitted under the experimental permit.
    (2) A limitation for the use of the chemical on the designated crops 
to bona fide experimental use by qualified persons as indicated in the 
experimental permit.
    (3) A requirement that the person or firm which obtains the 
experimental permit for which the temporary tolerance is established 
will immediately inform the Environmental Protection Agency of any 
reports on findings from the experimental use that have a bearing on 
safety.
    (4) A requirement that the person or firm which obtained the 
experimental permit for which the temporary tolerance is established 
will keep records of production, distribution, and performance for a 
period of 2 years and, on request, at any reasonable time, make these 
records available to any authorized officer or employee of the 
Environmental Protection Agency.

[70 FR 33362, June 8, 2005]