[Title 40 CFR B]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY--(Continued)]
[Subchapter E - PESTICIDE PROGRAMS]
[Part 185 - TOLERANCES FOR PESTICIDES IN FOOD]
[Subpart B - Food Additives Permitted in Food for Human Consumption]
[From the U.S. Government Publishing Office]
40
PROTECTION OF ENVIRONMENT
11
1996-07-01
1996-07-01
false
Food Additives Permitted in Food for Human Consumption
B
Subpart B
PROTECTION OF ENVIRONMENT
ENVIRONMENTAL PROTECTION AGENCY--(Continued)
PESTICIDE PROGRAMS
TOLERANCES FOR PESTICIDES IN FOOD
Subpart B--Food Additives Permitted in Food for Human Consumption
Sec. 185.100 Acephate.
(a) A food additive tolerance of 0.02 ppm is established for the
combined residues of acephate (O,S-dimethyl acetylphosphoramidothioate)
and its cholinesterase-inhibiting metabolite, methamidophos as follows:
(1) In or on all food items (other than those already covered by a
higher tolerance as a result of use on growing crops) in food handling
establishments.
(2) The acephate may be present as a residue from applications of
acephate in food handling establishments, including food service,
manufacturing and processing establishments, such as restaurants,
cafeterias, supermarkets, bakeries, breweries, dairies, meat
slaughtering and packing plants, and canneries in accordance with the
following prescribed conditions:
(i) Application shall be limited solely to spot and/or crack and
crevice treatment in food handling establishments where food and food
products are held, processed, prepared and served. Spray concentration
shall be limited to a maximum of 1.0 percent active ingredient. For
crack and crevice treatments, equipment capable of delivering a pin-
stream of insecticide shall be used. For spot treatments, a coarse, low-
pressure spray shall be used to avoid atomization or splashing of the
spray. Contamination of food or food-contact surfaces shall be avoided.
(ii) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such lable and labeling.
[47 FR 52995, Nov. 24, 1982. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.150 Aldicarb.
(a) A regulation is established permitting the combined residues of
the insecticide/nematocide aldicarb 2-methyl-2-
(methylthio)propionaldehyde O-(methylcarbamoyl)oxime and its
cholinesterase-inhibiting metabolites 2-methyl-2-(methylsulfonyl)
propionaldehyde O-(methylcarbamoyl)oxime and 2-methyl-2-
(methylsulfonyl)propionaldehyde O-(methylcarbamoyl)oxime in or on the
commodity sorghum bran at 0.5 part per million.
(b) [Reserved]
[47 FR 14894, Apr. 7, 1982, as amended at 53 FR 8874, Mar. 18, 1988.
Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.200 Aluminum phosphide.
The food additive aluminum phosphide may be safely used in
accordance with the following prescribed conditions:
(a) It is used to generate phosphine in the fumigation of processed
foods.
(b) To assure safe use of the additive, it is used in compliance
with label and labeling conforming to that registered with the U.S.
Environmental Protection Agency. Labeling shall bear a warning to aerate
the finished food for 48 hours before it is offered to the consumer. A
further warning shall state that under no condition should the
formulation containing aluminum phosphide be used so that it or its
unreacted residues will come in contact with any processed food, except
processed brewer's rice, malt, and corn grits stored in breweries for
use in the manufacture of beer.
[[Page 486]]
(c) Residues of phosphine in or on processed foods do not exceed
0.01 part per million.
[40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976,
and amended at 44 FR 35210, June 19, 1979. Redesignated at 53 FR 24667,
June 29, 1988]
Sec. 185.250 4-Amino-6-(1,1-dimethylethyl)- 3-(methylthio)-1,2,4-triazin-5(4H)-one.
Tolerances are established for combined residues of the herbicide 4-
amino-6-(1,1-dimethylethyl)-3-(methylthio)-1,2,4-triazin-5(4H)-one and
its triazinone metabolites in or on the following processed foods when
present therein as a result of application of this herbicide to growing
crops:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Barley, milled fractions (except flour)...................... 3
Potatoes, processed (inc. potato chips)...................... 3
Sugarcane molasses........................................... 2
Wheat milled fractions (except flour)........................ 3
------------------------------------------------------------------------
[44 FR 40283, July 10, 1979. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.300 Avermectin B1 and its delta-8,9-isomer; tolerances for residues.
Tolerances, to expire on April 30, 1996, are established for the
combined residues of the insecticide avermectin B1 and its delta-
8,9-isomer (a mixture of avermectins containing 80 percent
avermectin B1a (5-O-demethyl avermectin B1a) and < 20 percent
avermectin B1a (5-O-demethyl-25-di (1-methylpropyl)-25-1(1-
methylethyl) avermectin A 1a) in or on the following commodity:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Citrus oil................................................. 0.10
------------------------------------------------------------------------
[59 FR 49826, Sept. 30, 1994]
Sec. 185.350 Benomyl.
Tolerances of 50 parts per million are established for combined
residues of the fungicide benomyl (methyl-1-(butylcarbamoyl)-2-
benzimidazolecarbamate) and its metabolites containing the benzimidazole
moiety (calculated as benomyl) in raisins and concentrated tomato
products when present therein as a result of application of the
fungicide to growing grapes and tomatoes.
[59 FR 46769, Sept. 12, 1994]
Sec. 185.410 1,1-Bis(p-chlorophenyl)-2,2,2-trichloroethanol.
A tolerance of 45 parts per million is established for residues of
the insecticide 1,1-bis(p-chlorophenyl)-2,2,2-trichloroethanol in dried
tea when present therein as a result of its application to the growing
tea crop.
[40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976,
and at 53 FR 24667, June 29, 1988. Correctly redesignated at 53 FR
28383, July 28, 1988]
Effective Date Note: At 59 FR 10997, Mar. 9, 1994, Sec. 185.410 was
removed. At 59 FR 23800, May 9, 1994 the effective date of the removal
was stayed until further notice.
Sec. 185.425 Bromide ion and residual bromine.
The food additives, bromide ion and residual bromine, may be present
in potable water in accordance with the following conditions:
(a) The food additives are present as a result of treating water
aboard ships with a polybrominated ion-exchange resin (as a source of
bromine) under the supervision of trained personnel.
(b) Residual bromine levels are controlled to not exceed 1.0 part
per million (ppm) in the final treated water. Control is effected using
calibrated recirculating or proportioning bromine feeder equipment and
periodic checks of residual bromine using a bromine test kit. To assure
safe use of the additives, the label and labeling of the disinfectant
formulation containing the food additives shall conform to the label and
labeling registered by the U.S. Environmental Protection Agency.
(c) No tolerance is established for bromide ion levels.
[41 FR 17893, Apr. 29, 1976. Redesignated at 41 FR 26568, June 28, 1976,
and at 53 FR 24667, June 29, 1988]
Sec. 185.600 Carbofuran; tolerances for residues.
A tolerance is established for the combined residues of the
insecticide carbofuran (2,3-dihydro-2,2-dimethyl-7-
[[Page 487]]
benzofuranyl-N-methylcarbamate), its carbamate metabolite 2,3-dihydro-
2,2-dimethyl-3-hydroxy-7-benzofuranyl-N-methylcarbamate, and the
phenolic metabolites 2,3-dihydro-2,2-dimethyl-7-benzofuranol, 2,3-
dihydro-2,2-dimethyl-7-benzofuranol and 2,3-dihydro-2,2-dimethyl-3, 7-
benzofurandiol in or on the following food commodity:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Raisins (of which no more than 1.0 ppm is carbamate)......... 2.0
------------------------------------------------------------------------
[46 FR 58487, Dec. 2, 1981. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.650 Carbon dioxide.
The food additive carbon dioxide may be safely used after harvest in
modified atmospheres for stored product insect control on all processed
agricultural commodities.
[46 FR 32866, June 25, 1981. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.800 1-(4-Chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-butanone.
Tolerances are established for the combined residues of the
fungicide 1-(4-chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-
butanone and its metabolite beta-(4-chlorophenoxy)-alpha-(1,1-
dimethylethyl)-1H-1,2,4-triazole-1-ethanol in or on the following food
commodities:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Barley, milled fractions (except flour)...................... 4.0
Wheat, milled fractions (except flour)....................... 4.0
------------------------------------------------------------------------
[48 FR 5901, Feb. 9, 1983. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.900 1-[(6-Chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine; tolerances for residues.
(a) A food additive regulation is established permitting residues of
the insecticide 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolidinimine in or on the following food resulting from application
of the insecticide to potatoes:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Potato, chip............................................... 0.4
------------------------------------------------------------------------
(b) A food additive regulation is established premitting residues of
the insecticide 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolidimine in or on the following food commodities:
------------------------------------------------------------------------
Part per
Food million
------------------------------------------------------------------------
Grape, juice............................................... 1.5
Grape, raisin.............................................. 1.5
Tomato, paste.............................................. 6.0
Tomato, puree.............................................. 3.0
------------------------------------------------------------------------
[59 FR 61278, Nov. 30, 1994, as amended at 60 FR 18549, Apr. 12, 1995]
Sec. 185.1000 Chlorpyrifos.
(a) Tolerances are established for the combined residues of the
insecticide chlorpyrifos [O,O-diethyl O-(3,5,6-trichloro-2-pyridyl)
phosphorothioate] and its metabolite 3,5,6-trichloro-2-pyridinol
resulting from application of the insecticide to growing crops as
follows:
------------------------------------------------------------------------
Parts per
Foods million
------------------------------------------------------------------------
Citrus oil................................................. 25.0
Corn oil................................................... 3.0
------------------------------------------------------------------------
(b) The additive chlorpyrifos [O,O-diethyl O-(3,5,6-trichloro-2-
pyridyl) phosphorothioate] may be safely used in accordance with the
following prescribed conditions.
(1) Application shall be limited solely to spot and/or crack and
crevice treatment in food handling establishments where food and food
products are held, processed, prepared or served. Contamination of food
or food contact surfaces shall be avoided. Food must be removed or
covered during treatment.
(2) Spray concentration for spot treatment shall be limited to a
maximum of 0.5 percent of the active ingredient by weight. A course,
low-pressure
[[Page 488]]
spray shall be used to avoid atomization or splashing of the spray.
(3) Paint-on application for spot treatment shall be limited to a
maximum of 2 percent of the active ingredient by weight.
(4) Crack and crevice treatment shall be limited to a maximum of 2
percent of the active ingredient by weight. Equipment capable of
delivering a pin-stream of insecticide shall be used.
(5) Application via adhesive strips shall contain a maximum of 10%
by weight of the controlled-release product in food-handling
establishments where food and food products are held, processed,
prepared, or served. A maximum of 36 strips (or 5.15 grams of
chlorpyrifos) is to be used per 100 square feet of floor space. The
strips are not to be placed in exposed areas where direct contact with
food, utensils, and food-contact surfaces would be likely to occur.
(6) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
(c) A tolerance of 0.1 part per million is established for residues
of chlorpyrifos, per se, in or on all food items (other than those
already covered by a higher tolerance as a result of use on growing
crops) in food service establishments where food and food products are
prepared and served, as a result of the application of chlorpyrifos in
microencapsulated form.
(1) Application of a microencapsulated product shall be limited
solely to spot and/or crack and crevice treatment in food handling
establishments where food and food products are prepared and served. All
treatments shall be applied in such a manner as to avoid contamination
of food or food contact surfaces.
(2) Spray concentrations shall be limited to a maximum of 0.5
percent of the active ingredient by weight.
(3) For crack and crevice treatment, equipment capable of delivering
a pin stream of spray directly into cracks and crevices or capable of
applying small amounts of insecticide into cracks and crevices shall be
used.
(4) For spot treatment, an individual spot shall not exceed 2 square
feet.
(5) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
(d) Tolerances are established for residues of the insecticide
chlorpyrifos [O,O-diethyl O-(3,5,6-trichloro-2-pyridyl)
phosphorothioate] resulting from application of the insecticide to
growing crops as follows:
------------------------------------------------------------------------
Parts per
Foods million
------------------------------------------------------------------------
Milling fractions (except flour) of wheat.................. 1.5
Mint oil................................................... 8
Peanut oil................................................. 0.4
------------------------------------------------------------------------
[47 FR 30478, July 14, 1982, as amended at 53 FR 9434, Mar. 23, 1988.
Redesignated at 53 FR 24667, June 29, 1988; 57 FR 10293, Mar. 25, 1992;
58 FR 19356, Apr. 14, 1993]
Sec. 185.1050 Chlorpyrifos-methyl.
Tolerances are established for the combined residues of the
insecticide chlorpyrifos-methyl (O,-O-dimethyl-O-(3,5,6-trichloro-2-
pyridyl) phosphorothioate and its metabolite (3,5,6-trichloro-2-
pyridinol) in or on the following processed feeds when present therein
as a result of application to stored grains:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Barley milling fractions (except flour)...................... 90
Oats milling fractions (except flour)........................ 130
Sorghum milling fractions (except flour)..................... 90
Rice milling fractions (except flour)........................ 30
Wheat milling fractions (except flour)....................... 30
------------------------------------------------------------------------
[50 FR 26682, June 27, 1985. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.1075 Clethodim ((E)-()-2-[1-[[(3-chloro-2-propenyl)oxy]imino]propyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-one).
Food additive tolerances are established for the combined residues
of the herbicide clethodim ((E)-()-2-[1-[[(3-chloro-2-
propenyl)oxy]imino]propyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-1-one) and its metabolites
[[Page 489]]
containing the 2-cyclohexen-1-one moiety in or on the following
processed foods:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Potato flakes\1\........................................... 1.0
Potato granules\1\......................................... 1.0
------------------------------------------------------------------------
\1\There are no U.S. registrations as of August 9, 1995.
[60 FR 40505, Aug. 9, 1995]
Sec. 185.1100 Clopyralid.
(a) Tolerances are established for residues of the herbicide
clopyralid (3,6-dichloro-2-pyridinecarboxylic acid), in or on the
following foods:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Barley, milled fractions (except flour)...................... 12.0
Oats, milled fractions (except flour)........................ 12.0
Wheat, milled fractions (except flour)....................... 12.0
------------------------------------------------------------------------
(b) Time-limited tolerances are established as follows for residues
of the herbicide clopyralid (3,6-dichloro-2-pyridine carboxylic acid),
in or on the following foods:
------------------------------------------------------------------------
Parts per Expiration
Foods million date
------------------------------------------------------------------------
Field corn, milling fractions................. 1.5 December
31, 1996.
------------------------------------------------------------------------
[52 FR 10563, Apr. 2, 1987. Redesignated at 53 FR 24667, June 29, 1988,
and amended at 55 FR 31183, Aug. 1, 1990; 59 FR 19640, Apr. 25, 1994]
Sec. 185.1150 Combustion product gas.
The food additive combustion product gas may be safely used after
harvest in modified atmospheres for stored product insect control on all
processed agricultural commodities (except fresh meat) with the
following prescribed conditions:
(a) The combustion product gas is produced by the controlled
combustion in air of butane, propane, or natural gas. The combustion
equipment shall be provided with an absorption type filter capable of
removing possible toxic impurities through which all gas used in the
treatment of food shall pass and with suitable controls to insure that
any combustion products failing to meet the specifications provided will
be prevented from reaching the food being treated.
(b) The insecticide meets the following specifications:
(1) Carbon monoxide content not to exceed 4.5 percent by volume.
(2) It is used or intended for use to displace or remove oxygen in
the storage of food, except fresh meat.
[46 FR 32866, June 25, 1981. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.1200 Copper.
A tolerance of 1 part per million is established in potable water
for residues of copper resulting from the use of the algicides or
herbicides basic copper carbonate (malachite), copper sulfate, copper
monoethanolamine, and copper triethanolamine to control aquatic plants
in reservoirs, lakes, ponds, irrigation ditches, and other potential
sources of potable water.
[45 FR 53459, Aug. 12, 1980. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.1250 Cyfluthrin.
(a) A time-limited tolerance, to expire on November 15, 1997, is
established for residues of the insecticide cyfluthrin (cyano(4-fluoro-
3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2-
dimethylcyclopropanecarboxylate) in or on the following food
commodities:
------------------------------------------------------------------------
Parts per
Commodity million Expiration date
------------------------------------------------------------------------
Cottonseed oil..................... 2.0 Nov. 15, 1997.
Tomato, concentrated products...... 0.5 Do.
------------------------------------------------------------------------
(b) [Reserved]
(c) A tolerance of 0.05 ppm is established for residues of the
insecticide cyfluthrin (cyano(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate; CAS Reg. No.
69359-37-5) in food commodities exposed to the insecticide during
treatment of food-handling establishments where food and food products
are held, processed, prepared, or served. Treatments may be made by
[[Page 490]]
general surface, spot, and/or crack and crevice applications.
(1) General surface treatments shall be limited to a maximum of 3.8
grams of active ingredient per 1,000 square feet, applying to walls,
floors, and ceilings with a low-pressure system. Cover or remove all
food processing and/or handling equipment during application. Do not
apply directly to food products. Reapplications may be made at 10-day
intervals.
(2) Crack and crevice or spot treatments shall be limited to a
maximum of 0.1 percent of the active ingredient by weight, applied with
a low-pressure system with a pinpoint or variable-pattern nozzle. Dust
formulation shall be limited to a maximum of 0.1 percent of the active
ingredient by weight, applied using a hand duster, power duster, or
other equipment capable of applying dust insecticide directly into voids
and cracks and crevices. Dust applications should be made in a manner to
avoid deposits on exposed surfaces or introducing the material into the
air. Cover exposed food or remove food from premises. Do not apply
directly to food. Reapplications may be made at 10-day intervals.
(3) To ensure safe use of the insecticide, its label and labeling
shall conform to that registered by the Environmental Protection Agency,
and it shall be used in accordance with such label and labeling.
(d) A tolerance of 20.0 parts per million is established for
residues of the insecticide cyfluthrin (cyano(4-fluoro-3-
phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2-dimethyl-
cyclopropanecarboxylate) in or on dried hops resulting from application
of the insecticide to hops.
[52 FR 29009, Aug. 5, 1987; 52 FR 31846, Aug. 24, 1987, as amended at 53
FR 1917, Jan. 25, 1988; 53 FR 18837, May 25, 1988. Redesignated at 53 FR
24667, June 29, 1988, and amended at 54 FR 27643, June 30, 1989; 54 FR
46069, Nov. 1, 1989; 55 FR 26440, June 28, 1990; 60 FR 28354, May 31,
1995; 60 FR 33362, June 28, 1995]
Sec. 185.1300 Cyano(3-phenoxyphenyl)methyl-4-chloro-alpha-(1-methylethyl)benzeneacetate and its S,S isomer.
(a) A food additive tolerance of 0.05 part per million is
established for residues of the insecticide cyano(3-
phenoxyphenyl)methyl-4-chloro-alpha-(1-methylethyl)benzeneacetate and an
isomer, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-alpha-(1-
methylethyl)-benzeneacetate, as follows:
(1) In or on all food items (other than those already covered by a
higher tolerance as a result of use on growing crops) in food-handling
establishments where food products are held, processed, or prepared.
(2) Application of cyano(3-phenoxyphenyl)methyl-4-chloro-alpha-(1-
methylethyl)benzeneacetate shall be limited to space treatment with a
maximum of 0.5 fluid ounce of a 0.05-percent active ingredient solution
per 1,000 cubic feet of space, or as a contact spray applied as a coarse
wet spray at a maximum of 1 gallon of a 0.2-percent active ingredient
solution per 1,000 square feet of surface. Food must be removed or
covered during treatment. Spray should not be applied directly to
surfaces or utensils that may come into contact with food. Food-contact
surfaces and equipment should be thoroughly cleaned with an effective
cleaning compound and rinsed with potable water before using.
(3) Application of (S)-cyano(3-phenoxyphenyl) methyl-(S)-4-chloro-
alpha-(1-methylethyl)benzeneacetate shall be limited to space treatment
with a maximum of 1.0 fluid ounce of a 0.25-percent active ingredient
solution per 1,000 cubic feet of space, or as a contact spray applied as
a coarse wet spray at a maximum of 1 gallon of a 0.05-percent active
ingredient solution per 1,000 square feet of surface, or as a
pressurized spot/crack and crevice spray of a 0.25-percent solution.
Food must be removed or covered during treatment. Spray should not be
applied
[[Page 491]]
directly to surfaces or utensils that may come into contact with food.
Food-contact surfaces and equipment should be throroughly cleaned with
an effective cleaning compound and rinsed with potable water before
using.
(4) To assure safe use of the additive, its label and labeling shall
conform to that registered with the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
(b) [Reserved]
[55 FR 26442, June 28, 1990]
Sec. 185.1350 Cyhexatin.
Tolerances are established for combined residues of the insecticide
cyhexatin (tricyclohexylhydroxystannane; CAS Reg. No. 13121-70-5) and
its organotin metabolites (calculated as cyhexatin) in or on the
following processed foods when present therein as a result of
application of this insecticide to the growing crops:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Hops, dried.................................................. 90
Prunes, dried................................................ 4
------------------------------------------------------------------------
[53 FR 23389, June 22, 1988. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.1450 2,4-D.
(a) Tolerances are established for residues of the herbicide 2,4-D
(2,4-dichlorophenoxyacetic acid) as follows:
(1) 5 ppm in sugarcane molasses, resulting from application of the
herbicide to sugarcane fields.
(2) 2 ppm in the milled fractions (except flour) derived from
barley, oats, rye, and wheat to be ingested as food or to be converted
to food. Such residues may be present therein only as a result of
application to the growing crop of the herbicides identified in 40 CFR
180.142.
(3) 0.1 ppm (negligible residue) in potable water. Such residues may
be present therein only:
(i) As a result of the application of the dimethylamine salt of 2,4-
D to irrigation ditch banks in the Western United States in programs of
the Bureau of Reclamation; cooperating water user organizations; the
Bureau of Sport Fisheries, U.S. Department of the Interior; Agricultural
Research Service, U.S. Department of Agriculture; and the Corps of
Engineers, U.S. Department of Defense.
(ii) As a result of the application of the dimethylamine salt of
2,4-D for water hyacinth control in ponds, lakes, reservoirs, marshes,
bayous, drainage ditches, canals, rivers and streams that are quiescent
or slow moving in programs of the Corps of Engineers or other Federal,
State, or local public agencies.
(iii) As a result of application of its dimethylamine salt or is
butoxyethanol ester for Eurasian watermilfoil control in programs
conducted by the Tennessee Valley Authority in dams and reservoirs of
the TVA system.
(b) [Reserved]
[53 FR 9434, Mar. 23, 1988. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.1500 Dalapon.
A tolerance of 0.2 part per million is established for residues of
the herbicide dalapon (2,2-dichloropropionic acid) in potable water when
present therein as a result of the application of dalapon sodium-
magnesium salt mixtures to irrigation ditch banks in the western United
States.
[43 FR 22345, May 25, 1978. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.1580 Deltamethrin.
Tolerances are established for residues of the insecticide
deltamethrin [(S)-alpha-cyano-3-phenoxybenzyl-(1R,3R)-3-(2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate] and its major
metabolites, trans-deltamethrin [(S)-alpha-cyano-m-phenoxybenzyl(1R,3S)-
3-(2,2-dibromovinyl)-2,2-dimethylcyclopropanecarboxylate] and alpha-R-
deltamethrin [(R)-alpha-cyano-m-phenoxybenzyl-(1R,3R)-3-(2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate] in or on the
following food commodities:
------------------------------------------------------------------------
Parts per Expiration
Commodity million date
------------------------------------------------------------------------
Cottonseed oil................................ 0.2 Nov. 15,
1997
[[Page 492]]
Tomato (products) concentrated................ 1.0 None
------------------------------------------------------------------------
[60 FR 42455, Aug. 16, 1995]
Sec. 185.1650 Dialifor.
A tolerance of 2 parts per million is established for combined
residues of the insecticide dialifor (S-(2-chloro-1-phthalimidoethyl)
O,O-diethyl phosphorodithioate) and its oxygen analog S-(2-chloro-1-
phthalimidoethyl O,O-diethyl phosphorothioate) in or on raisins from
application of the insecticide to the growing raw agricultural commodity
grapes.
Sec. 185.1700 Diatomaceous earth.
The food additive diatomaceous earth may be safely used in
accordance with the following conditions. Application shall be limited
solely to spot and/or crack and crevice treatments in food processing
and food storage areas in accordance with the prescribed conditions:
(a) It is used or intended for use for control of insects in food
processing and food storage areas: Provided, That the food is removed or
covered prior to such use.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
[46 FR 55511, Nov. 10, 1981. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.1750 Diazinon.
A regulation is established permitting the use of the insecticide
diazinon (O,O-diethyl O-[6-methyl-2-(1-methylethyl)-4-pyrimidinyl]
phosphorothioate; CAS Reg. No. 333-41-5) in food-handling establishments
in accordance with the following prescribed conditions:
(a) Application shall be limited solely to spot and/or crack and
crevice treatment in food handling establishments, including food
service, manufacturing, and processing establishments, such as
restaurants, cafeterias, supermarkets, bakeries, breweries, dairies,
meat slaughtering and packing plants, and canneries where food and food
products are held, processed, and served.
(1) Spray and dust concentrations shall be limited to a maximum of 1
percent and 2 percent, respectively, of active ingredient by weight. The
spray concentration limit of 1 percent shall include, but not be limited
to, encapsulated formulations of the additive utilizing the
encapsulating polymer formed from the reaction of sebacoyl chloride,
polymethylene polyphenylisocyanate, ethylenediamine and/or
diethylenetriamine.
(2) Application to areas, surfaces, or utensils contacted by food,
contamination of food and food contact surfaces, and the introduction of
spray or dust into the air is to be avoided.
(3) For spot treatment, a coarse, low pressure spray shall be used.
Application is limited to floor surfaces only and to 20 percent of the
surface area. Any individual spot treatment shall not exceed 2 square
feet.
(4) For crack and crevice treatment, equipment capable of delivering
dust or a pin stream of spray directly into the cracks and crevices
shall be used.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
[45 FR 12700, Feb. 18, 1981, as amended at 47 FR 25952, June 16, 1982;
52 FR 32293, Aug. 27, 1987; 53 FR 23389, June 22, 1988. Redesignated at
53 FR 24667, June 29, 1988]
Sec. 185.1800 Dicamba.
Tolerances are established for the combined residues of the
herbicide dicamba (3,6-dichloro-o-anisic acid) and its metabolite 3,6-
dichloro-5-hydroxy-o-anisic acid in or on the following processed foods
when present therein as a result of application of this herbicide to
growing crops.
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Sugarcane molasses........................................... 2.0
------------------------------------------------------------------------
[[Page 493]]
[48 FR 11114, Mar. 16, 1983. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.1850 3-(3,5-Dichlorophenyl)-5-ethenyl-5-methyl-2,4-oxazolidinedione.
(a) Tolerances are established for the combined residues of the
fungicide 3-(3,5-dichlorophenyl)-5-ethenyl-5-methyl-2,4-oxazolidinedione
and its metabolites containing the 3,5-dichloroaniline moiety in or on
the following food commodities:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Prunes....................................................... 75
------------------------------------------------------------------------
(b) A food additive regulation is established for the combined
residues of the fungicide, 3-(3,5-dichlorophenyl)-5-ethenyl-5-methyl-
2,4-oxazolidinedione, and its metabolites containing the 3,5-
dichloroaniline moiety in or on the following processed foods when
present therein as a result of application to grapes:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Raisins...................................................... 30
------------------------------------------------------------------------
[51 FR 11437, Apr. 3, 1986, as amended at 52 FR 17941, May 13, 1987; 53
FR 20308, June 3, 1988. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.1900 2,2-Dichlorovinyl dimethyl phosphate.
The food additive 2,2-dichlorovinyl dimethyl phosphate may be
present as a residue from application as an insecticide on packaged or
bagged nonperishable processed food (see: 21 CFR 170.3(j)) in an amount
in such food not in excess of 0.5 part per million (ppm). To assure safe
use of the insecticide, its label and labeling shall conform to the
label and labeling registered by the U.S. Environmental Protection
Agency, and the usage employed shall conform with such label or
labeling.
[56 FR 29183, June 26, 1991]
Effective Date Note: At 58 FR 59667, Nov. 10, 1993, Sec. 185.1900
was revised. At 59 FR 11556, Mar. 11, 1994, the revision was stayed
until further notice. For the convenience of the reader, the revised
text is set forth below.
Sec. 185.1900 2,2-Dichlorovinyl dimethyl phosphate.
A tolerance that expires on March 10, 1994, is established as
follows: The food additive 2,2-dichlorovinyl dimethyl phosphate may be
present as a residue from application as an insecticide on packaged or
bagged nonperishable processed food (see: 21 CFR 170.3(j)) in an amount
in such food not in excess of 0.5 part per million (ppm). To assure safe
use of the insecticide, its label and labeling shall conform to the
label and labeling registered by the U.S.Environmental Protection
Agency, and the usage employed shall conform to such label and labeling.
[58 FR 59667, Nov. 10, 1993]
Sec. 185.1975 Dihydro-5-heptyl-2(3H)-furanone.
The food additive dihydro-5-heptyl-2(3H)-furanone may be safely used
in accordance with the following conditions:
(a) It is used in combination with the active ingredients d-limonene
and dihydro-5-pentyl-2(3H)-furanone in insect-repellent tablecloths and
in insect-repellent strips used in food-handling establishments.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
[60 FR 16053, Mar. 29, 1995]
Sec. 185.1985 Dihydro-5-pentyl-2(3H)-furanone.
The food additive dihydro-5-pentyl-2(3H)-furanone may be safely used
in accordance with the following conditions:
(a) It is used in combination with the active ingredients d-limonene
and dihydro-5-heptyl-2(3H)-furanone in insect-repellent tablecloths and
in insect-repellent strips used in food-handling establishments.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Enviornmental Protection
Agency, and it shall be used in accordance with such label and labeling.
[60 FR 16053, Mar. 29, 1995]
[[Page 494]]
Sec. 185.2150 2,2-Dimethyl-1,3-benzodioxol-4-ol methylcarbamate.
(a) The insecticide 2,2-dimethyl-1,3-benzodioxol-4-ol
methylcarbamate may be safely used in spot and/or crack and crevice
treatments in food handling establishments, including food service,
manufacturing and processing establishments, such as restaurants,
cafeterias, supermarkets, bakeries, breweries, dairies, meat
slaughtering and packing plants, and canneries.
(b) To ensure safe use of the additive, its label and labeling shall
conform to that registered with the U.S. Environmental Protection Agency
and it shall be used in accordance with such label and labeling.
(Sec. 409(c)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
348(c)(1) transferred to the Administrator EPA in Reorganization Plan
No. 3 (35 FR 15623))
[40 FR 45163, Oct. 1, 1975. Redesignated at 41 FR 26568, June 28, 1976,
and amended at 53 FR 8874, Mar. 18, 1988. Redesignated at 53 FR 24667,
June 29, 1988]
Sec. 185.2200 O,O-Dimethyl O-(4-nitro-m-tolyl) phosphorothioate.
(a) A tolerance of 30 parts per million, of which no more than 15
parts per million is O,O-dimethyl O-(4-nitro-m-tolyl) phosphorothioate
or O,O-dimethyl O-(4-nitro-m-tolyl) phosphate, is established for
combined residues of the insecticide O,O-dimethyl O-(4-nitro-m-tolyl)
phosphorothioate and its metabolites O,O-dimethyl O-(4-nitro-m-tolyl)
phosphate and 3-methyl-4-nitrophenol in wheat gluten resulting from
postharvest application of the insecticide to stored wheat in Australia.
(b) [Reserved]
[44 FR 40282, July 10, 1979, as amended at 53 FR 8874, Mar. 18, 1988.
Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.2225 O,O-Dimethyl S-[4-oxo-1,2,3-benzotriazin-3 (4H)-ylmethyl] phosphorodithioate.
A tolerance of 1 part per million is established for residues of the
insecticide O,O-dimethyl S-[4-oxo-1,2,3-benzotriazin-3(4H)-ylmethyl]
phosphorodithioate in soybean oil resulting from application of the
insecticide to the raw agricultural commodity soybeans.
Sec. 185.2250 Dimethyl phosphate of 3-hydroxy-N-methyl-cis-crotonamide.
A tolerance of 2 parts per million is established for residues of
the insecticide dimethyl phosphate of 3-hydroxy-N-methyl-cis-crotonamide
in concentrated tomato products when present therein as a result of
application of the insecticide to growing tomatoes.
(Sec. 409(c) (1) & (4), Federal Food, Drug, and Cosmetic Act (21 U.S.C.
348(c) (1) & (4)), transferred to the Administrator EPA in
Reorganization Plan No. 3 of 1970 (35 FR 15623))
[40 FR 18168, Apr. 25, 1975. Redesignated at 41 FR 26568, June 28, 1976.
Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.2500 Diquat.
(a) A tolerance of 0.01 ppm is established for residues of the
herbicide diquat (6,7-dihydrodipyrido (1,2-a:2',1'-c) pyrazidiinium)
derived from application of the dibromide salt in potable water
resulting from the application of the pesticide for control of aquatic
weeds in ponds, lakes, reservoirs, marshes, bayous, drainage ditches,
canals, streams, and rivers which are slow-moving or quiescent in
programs of the Corps of Engineers or other Federal or State public
agencies. These agencies or contractors or licensees under their direct
control will make certain that the treated water will not be used for
animal consumption, swimming, spraying, domestic purposes, or for
irrigation for 14 days post-treatment or until approved analysis shows
that the water does not contain more than 0.01 ppm of diquat (calculated
as the cation) and that no treatment will be made where commercial
processing of fish resulting in the production of fish protein
concentrate or fish meal is practiced.
(b) A tolerance of 0.01 ppm is established for residues of the
herbicide diquat (6,7-dihydrodipyrido (1,2-a:2',1'-c) pyrazinediium)
(calculated as the cation) derived from application of the dibromide
salt in potable water resulting from the application of the pesticide in
ponds, lakes, and drainage ditches where there is little or no outflow
of water and which are totally under control of the user. The applicator
will make certain that treated
[[Page 495]]
water will not be used for animal consumption, swimming, spraying,
irrigation, or domestic purposes for 14 days post-treatment. For the
purposes of this paragraph only (Sec. 185.2500(b)) these applications of
diquat are not to be used in aquatic sites in Florida.
(c) A food additive regulation of 0.5 part per million is
established for residues of diquat in processed potatoes (includes
potato chips).
[46 FR 30339, June 8, 1981, and 47 FR 8007, Feb. 24, 1982. Redesignated
and amended at 53 FR 24666, 24668, June 29, 1988; 55 FR 26440, June 28,
1990]
Sec. 185.2600 Endosulfan.
A tolerance of 24 parts per million is established for combined
residues of the insecticide endosulfan (6,7,8,9,10,10-hexachloro-
1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin-3-oxide) and
its metabolite endosulfan sulfate (6,7,8,9,10,10-hexachloro-
1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin-3,3-dioxide)
in or on dried tea (reflecting less than 0.1 part per million residues
in beverage tea) resulting from application of the insecticide to
growing tea.
Sec. 185.2650 Endothall.
An interim tolerance of 0.2 part per million is established for
residues of the herbicide endothall (7-oxabicyclo[2.2.1] heptane-2,3-
dicarboxylic acid) in potable water from use of its potassium, sodium,
di-N,N-dimethylalkylamine, and mono-N-N-dimethylalkylamine salts as
algicides or herbicides to control aquatic plants in canals, lakes,
ponds, and other potential sources of potable water.
Sec. 185.2700 Ethephon.
A food additive regulation is established permitting residues of the
plant growth regulator ethephon [(2-chloroethyl) phosphonic acid] in or
on the following food commodities:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Barley, milling fractions, except flour.................... 5.0
Sugarcane, molasses........................................ 1.5
Wheat, milling fractions, except flour..................... 5.0
------------------------------------------------------------------------
[47 FR 20763, June 23, 1982, as amended at 50 FR 14097, Apr. 10, 1985;
51 FR 31325, Sept. 3, 1986; 53 FR 5367, Feb. 24, 1988. Redesignated at
53 FR 24667, June 29, 1988; 60 FR 32097, June 19, 1995]
Sec. 185.2750 Ethion.
Tolerances for residues of the insecticide ethion (O,O,O',O'-
tetraethyl S,S'-methylene bisphosphorodithioate), including its oxygen
analog (S-[[(diethoxyphosphinothioyl) thio]methyl]O, O-diethyl
phosphorothioate), when present as a result of its application to
growing agricultural commodities are established as follows:
10 parts per million in dried tea.
4 parts per million in raisins.
Sec. 185.2800 2-[1-(Ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexene-1-one.
A food additive regulation is established to permit the combined
residues of the herbicide 2-[1-(ethoxyimino)butyl]-5-[2-
(ethylthio)propyl]-3-hydroxy-2-cyclohexene-1-one and its metabolites on
the food commodity tomato products, concentrated, at 24.0 parts per
million and the food commodities potato flakes and potato granules, at
8.0 parts per million, and the commodity raisins at 1.0 part per
million.
[53 FR 234, Jan. 6, 1988, as amended at 53 FR 23388, June 22, 1988.
Redesignated at 53 FR 24667, June 29, 1988; 54 FR 53068, Dec. 27, 1989]
Sec. 185.2850 Ethylene oxide.
Ethylene oxide may be safely used as a fumigant for the control of
microorganisms and insect infestation in ground spices and other
processed natural seasoning materials, except mixtures to which salt has
been added, in accordance with the following prescribed conditions:
(a) Ethylene oxide, either alone or admixed with carbon dioxide or
dichlorodifluoromethane, shall be used in amounts not to exceed that
required to accomplish the intended technical effects. If used with
dichlorodifluoromethane, the dichlorodifluoromethane shall conform with
the requirements prescribed by 21 CFR 173.355 of this chapter.
[[Page 496]]
(b) To assure safe use of the additive, its label and labeling shall
conform to that registered with the U.S. Environmental Protection Agency
and it shall be used in accordance with such label or labeling.
(c) Residues of ethylene oxide in ground spices from both
postharvest application to the raw agricultural commodity whole spices
and application to the ground spices shall not exceed the established
tolerance of 50 parts per million for residues in whole spices in 40 CFR
180.151.
[40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976,
and amended at 50 FR 2958, Jan. 23, 1985. Redesignated and amended at 53
FR 24666, 24668, June 29, 1988]
Effective Date Note: At 61 FR 12009, Mar. 22, 1996, Sec. 185.2850
was removed, effective May 21, 1996. At 61 FR 25154, May 20, 1996, the
removal was stayed indefinitely.
Sec. 185.2900 Ethyl formate.
The food additive ethyl formate may be safely used in or on
specified dried fruits in accordance with the following prescribed
conditions:
(a) It is used or intended for use in or on raisins and dried Zante
currants as a bulk and package fumigant.
(b) It is used in accordance with directions registered with the
U.S. Environmental Protection Agency, and so used that the total formic
acid present free and combined, in the finished product shall not exceed
250 parts per million.
(c) To assure safe use of the additive, its label and labeling shall
conform to that registered with the U.S. Environmental Protection
Agency.
Sec. 185.2950 Ethyl 3-methyl-4-(methylthio)phenyl (1-methylethyl)-phosphoramidate.
Tolerances are established for the combined residues of the
nematocide ethyl 3-methyl-4-(methylthio)phenyl (1-methylethyl)-
phosphoramidate and its cholinesterase-inhibiting metabolites ethyl 3-
methyl-4-(methylsulfinyl)phenyl (1-methylethyl)-phosphoramidate and
ethyl 3-methyl-4-(methylsulfonyl)-phenyl (1-methylethyl) phosphoramidate
in or on the following food commodities:
------------------------------------------------------------------------
Parts
Food per
million
------------------------------------------------------------------------
Citrus oil.................................................... 25.0
Raisins....................................................... 0.3
------------------------------------------------------------------------
[48 FR 29839, June 29, 1983. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.3000 O-Ethyl O-[4-(methylthio) phenyl] S-propyl phosphorodithioate.
A tolerance of 1 part per million is established for residues of the
insecticide O-ethyl O-[4-(methylthio)- phenyl] S-propyl
phosphorodithioate and its cholinesterase-inhibiting metabolites in
cottonseed oil resulting from application of the pesticide to growing
cotton.
[43 FR 32130, July 25, 1978. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.3200 Fenarimol.
Tolerances are established for combined residues of the fungicide
fenarimol [alpha-(2-chlorophenyl)-alpha-(4-chlorophenyl)-5-
pyrimidinemethanol] and its metabolites, alpha-(2-chlorophenyl)-alpha-
(4-chlorophenyl)-1,4-dihydro-5-pyrimidinemethanol and 5-[(2-
chlorophenyl) (4-chlorophenyl)methyl]-3,4-dihydro-4-pyrimidinol measured
as the total of fenarimol and 5-[(2-chlorophenyl)-(4-chlorophenyl)
methyl]pyrimidine (calculated as fenarimol) in or on the following food
additive commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Grape juice................................................ 0.6
Raisins.................................................... 0.6
------------------------------------------------------------------------
[53 FR 44403, Nov. 3, 1988]
Sec. 185.3225 Fenpropathrin.
A food additive tolerance is established for residues of the
pesticide chemical fenpropathrin (alpha-cyano-3-phenoxybenzyl 2,2,3,3-
tetramethylcyclopropanecarboxylate) as follows:
[[Page 497]]
------------------------------------------------------------------------
Parts per Expiration
Commodity million date
------------------------------------------------------------------------
Cottonseed oil................................ 3.0 Nov. 15,
1997
------------------------------------------------------------------------
[58 FR 19358, Apr. 14, 1993, as amended at 60 FR 9785, Feb. 22, 1995]
Sec. 185.3250 Fluazifop-butyl.
Tolerances are established for residues of ()-2-[4-[[5-
(trifluoromethyl)-2-pyridinyl]oxy]phenoxy]propanoic acid (fluazifop),
both free and conjugated, and of ()-butyl 2[4-[[5-
(trifluoromethyl)-2-pyridinyl]oxy]phenoxy]propanoate (fluazifop-butyl),
all expressed as fluazifop, in or on the following foods:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Cottonseed, oil.............................................. 0.2
Soybean, oil................................................. 2.0
------------------------------------------------------------------------
[48 FR 19023, Apr. 27, 1983. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.3385 Flutolanil (N-(3-(1-methylethoxy)phenyl)-2-(trifluoromethyl)benzamide).
(a) A food additive regulation is established permitting the
combined residues of the insecticide flutolanil, N-(3-(1-
methylethoxy)phenyl)-2-(trifluoromethyl)benzamide, and its metabolites
converted to 2-(trifluoromethyl) benzoic acid and calculated as
flutolanil in or on the following processed food commodity:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Peanut meal................................................ 1.0
------------------------------------------------------------------------
(b) A time-limited food additive regulation is established
permitting the combined residues of the fungicide flutolanil N-(3-(1-
methylethoxy)phenyl)-2-(trifluoromethyl)benzamide and its metabolites
converted to 2-(trifluoromethyl) benzoic acid and calculated as
flutolanil in or on the following raw processed food commodity:
------------------------------------------------------------------------
Parts per
Commodities million Expiration date
------------------------------------------------------------------------
Rice, hull........................ 7.0 April 30, 1998.
Rice, bran........................ 3.0 Do.
------------------------------------------------------------------------
[60 FR 42458, Aug. 16, 1995, as amended at 61 FR 33044, June 26, 1996]
Sec. 185.3450 Formetanate hydrochloride.
A tolerance of 8 parts per million is established for residues of
the insecticide formetanate hydrochloride (m-[(dimethylamino) methylene
amino] phenyl methyl-carbamate hydrochloride) in dried prunes when
present therein as a result of the application of the insecticide to
growing plums (fresh prunes).
Sec. 185.3475 Fumigants for grain-mill machinery.
Fumigants may be safely used in or on grain-mill machinery in
accordance with the following prescribed conditions:
(a) The fumigants consist of methyl bromide.
(b) To assure safe use of the fumigant, its label and labeling shall
conform to the label and labeling registered by the U.S. Environmental
Protection Agency.
(c) Residues of inorganic bromides (calculated as Br) in milled
fractions derived from cereal grain from all fumigation sources,
including fumigation of grain-mill machinery, shall not exceed 125 parts
per million.
[40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976,
and amended at 49 FR 44459, Nov. 7, 1984. Redesignated at 53 FR 24667,
June 29, 1988, and amended at 54 FR 6130, Feb. 8, 1989]
Sec. 185.3480 Fumigants for processed grains used in production of fermented malt beverages.
Fumigants for processed grain may be safely used, in accordance with
the following conditions.
(a) Methyl bromide. Total residues of inorganic bromides (calculated
as Br) from the use of this fumigant shall not exceed 125 parts per
milion.
(b) Methyl bromide is used to fumigate corn grits and cracked rice
in the
[[Page 498]]
production of fermented malt beverages.
(c) To assure safe use of the fumigant, its label and labeling shall
conform to the label and labeling registered by the U.S. Environmental
Protection Agency, and the usage employed should conform with such label
or labeling.
(d) The total residue of inorganic bromides in fermented malt
beverages, resulting from the use of corn grits and cracked rice
fumigated with the fumigant described in paragraph (a)(2) of this
section plus additional residues of inorganic bromides that may be
present from uses in accordance with other regulations in this chapter
promulgated under section 408 and/or 409 of the Act, does not exceed 25
parts per million bromide (calculated as Br).
[40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976,
and amended at 49 FR 44459, Nov. 7, 1984. Redesignated at 53 FR 24667,
June 29, 1988, and amended at 54 FR 6130, Feb. 8, 1989]
Sec. 185.3500 Glyphosate.
(a) Tolerances are established for the combined residues of the
herbicide glyphosate and the metabolites as indicated when present
therein as a result of the herbicide application to the growing crops.
(1) Glyphosate [N-(phosphono-methyl)glycine] and its metabolite
aminomethylphosphonic acid resulting from the application of the
isopropylamine salt of glyphosate for herbicidal purposes and/or the
sodium sesqui salt for plant growth regulator purposes.
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Molasses, sugarcane.......................................... 30.0
------------------------------------------------------------------------
(2) Glyphosate [N-(phosphono-methyl)glycine] and its metabolite
aminomethylphosphonic acid resulting from the application of the
isopropylamine salt of glyphosate for herbicidal purposes.
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Oil, palm.................................................... 0.1
Olives, imported............................................. 0.1
Tea, dried................................................... 1.0
Tea, instant................................................. 7.0
------------------------------------------------------------------------
(3) Glyphosate (N-(phosphonomethyl)glycine) resulting from the
application of the isopropylamine salt of glyphosate and/or the
monoammonium salt of glyphosate for herbicidal purposes.
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Wheat milling fractions (excluding flour).................. 20.0
------------------------------------------------------------------------
(b) [Reserved]
[48 FR 56577, Dec. 22, 1983, as amended at 53 FR 9434, Mar. 23, 1988.
Redesignated at 53 FR 24667, June 29, 1988, and amended at 57 FR 42701,
Sept. 16, 1992; 58 FR 36359, July 7, 1993]
Sec. 185.3550 Hexakis.
A regulation is established permitting the combined residues of the
insecticide hexakis (2-methyl-2-phenylpropyl) distannoxane and its
organotin metabolites calculated as hexakis (2-methyl-2-phenylpropyl)
distannoxane in or on the following food items:
[47 FR 21532, May 19, 1982, as amended at 48 FR 37204, Aug. 17, 1983; 48
FR 39058, Aug. 29, 1983. Redesignated at 53 FR 24667, June 29, 1988; 59
FR 5109, Feb. 3, 1994]
Sec. 185.3575 Hexazinone.
A food additive tolerance with regional registration, as defined in
Sec. 180.1(n) and which excludes use of hexazinone on sugarcane in
Florida, is established for combined residues of the herbicide
hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4(1H,3H)-dione) and its metabolites (calculated as hexazinone) in or
on the following food commodity:
[[Page 499]]
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Sugarcane, molasses........................................ 5.0
------------------------------------------------------------------------
[60 FR 42462, Aug. 16, 1995]
Sec. 185.3600 Hydrogen cyanide.
The food additive hydrogen cyanide may be present as a residue in
certain processed foods in accordance with the following prescribed
conditions:
(a) The food additive is present as a result of its use as a
fumigant.
(b) The residues of hydrogen cyanide shall not exceed the following
levels:
(1) 125 parts per million in cereal flours.
(2) 90 parts per million in cereals that are cooked before being
eaten.
(3) 50 parts per million in uncooked ham, bacon, and sausage.
(4) 200 parts per million in cocoa.
(c) Where tolerances are established under both sections 408 and 409
of the Act on the raw agricultural commodity and on the processed food,
respectively, the total residues of hydrogen cyanide in or on the
processed food shall not be greater than that designated in paragraph
(b) of this section.
(d) To assure safe use of the additive, the label and labeling of
the pesticide formulation containing the food additive shall conform to
the label and labeling registered by the U.S. Environmental Protection
Agency.
Sec. 185.3625 Hydroprene; tolerances for residues.
A tolerance of 0.2 part per million is established for combined
residues of both racemic components of hydroprene, namely [(R)-(Ethyl
(2E,4E,)-3,7,11-trimethyl-2,4-dodecadienoate)] and [(S)-(Ethyl (2E,4E,)-
3,7,11-trimethyl-2,4-dodecadienoate)] on all food items in food-handling
establishments in accordance with the following prescribed conditions:
(a) Application shall be limited solely to spot or crack and crevice
treatment in food-handling establishments, including food service,
manufacturing, and processing establishments such as restaurants,
cafeterias, supermarkets, bakeries, breweries, dairies, meat
slaughtering and packing plants, and canneries where food and food
products are held, processed, and served: Provided, That the food is
removed or covered prior to such use, and food-processing surfaces are
covered during treatment or thoroughly cleaned before using.
(b) To assure safe use of the insect growth regulator, its label and
labeling shall conform to that registered by the U.S. Environmental
Protection Agency, and it shall be used in accordance with such label
and labeling.
[57 FR 36006, Aug. 12, 1992]
Sec. 185.3650 Imazalil.
Tolerances are established for the combined residues of the
fungicide imazalil 1-[2-(2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl]-1H-
imidazole and its metabolite 1-(2,4-dichlorophenyl)-2-(1H-imidazole-1-
yl)-1-ethanol in or on the following food commodity:
------------------------------------------------------------------------
Parts
Food per
million
------------------------------------------------------------------------
Citrus oil..................................................... 25.0
------------------------------------------------------------------------
[48 FR 28433, June 22, 1983. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.3700 Inorganic bromide.
The food additive inorganic bromide may be present as a residue in
certain processed foods in accordance with the following conditions:
(a) When the food additive is present as a result of fumigation of
the processed food with methyl bromide or from such fumigation in
addition to the authorized use of methyl bromide on the source raw
agricultural commodity, as provided for in 40 CFR part 180, the total
residues of inorganic bromides (calculated as Br) shall not exceed the
following levels:
400 parts per million in or on dried eggs and processed herbs and
spices.
325 parts per million in or on parmesan cheese and roquefort cheese.
250 parts per million in or on concentrated tomato products and dried
figs.
125 parts per million in or on processed foods other than those listed
above.
[[Page 500]]
(b) [Reserved]
(c) When the food additive is present in fermented malt beverages in
accordance with Secs. 185.3480 and/or 21 CFR 172.730(a)(2) of this
chapter, the amount shall not exceed 25 parts per million (calculated as
Br).
(d)--(v) [Reserved]
(w) Where tolerances are established under sections 408 and 409 of
the FFDCA on both the raw agricultural commodities and processed foods
made therefrom, the total residues of inorganic bromides in or on the
processed food shall not be greater than those designated in paragraphs
(a) of this section, unless a higher level is established elsewhere in
this part or in part 180.
[40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976,
and amended at 49 FR 17149, Apr. 23, 1984; 50 FR 2958, Jan. 23, 1985; 50
FR 3755, Jan. 28, 1985. Redesignated and amended at 53 FR 24666, 24668,
June 29, 1988; 53 FR 52709, Dec. 29, 1988]
Sec. 185.3750 Iprodione.
Tolerances are established for the combined residues of the
fungicide iprodione [3-(3,5-dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-
1-imidazolidinecarboxamide], its isomer [3-(1-methyl-ethyl)-N-(3,5-
dichlorophenyl)-2,4-dioxo-1-imidazolidinecarboxamide], and its
metabolite [3-(3,5-dichlorophenyl)-2,4-dioxo-1-imidazolidinecarboxamide
in or on the following food commodity:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Ginseng, dried............................................... 4.0
Raisins...................................................... 300
------------------------------------------------------------------------
[50 FR 4208, Jan. 30, 1985, as amended at 52 FR 10562, Apr. 2, 1987.
Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.3765 Lambda-cyhalothrin.
(a) A food additive tolerance of 0.01 part per million is
established for residues of the insecticide
[1(S*),3(Z)]-()-cyano(3-
phenoxyphenyl)methyl 3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-
dimethylcyclopropanecarboxylate (lambdacyhalothrin) as follows:
(1) In or on all food items (other than those already covered by a
higher tolerance as a result of use on growing crops) in food-handling
establishments where food products are held, processed, or prepared.
(2) Application shall be limited solely to spot and/or crack and
crevice treatment with a spray solution maximum of a 0.06-percent active
ingredient by weight. Food must be removed or covered during treatment.
Spray should not be applied directly to surfaces or utensils that may
come into contact with food. Food-contact surfaces and equipment should
be thoroughly cleaned with an effective cleaning compound and rinsed
with potable water before using.
(3) For spot treatment, a coarse low-pressure spray shall be used.
Limit individual spot treatments to an area no larger than 20 percent of
the surface area. Any individual spot treatment shall not exceed 2
square feet.
(4) For crack and crevice treatment, equipment capable of delivering
a pin-stream of spray directly into the cracks and crevices shall be
used.
(5) To assure safe use of the additive, its label and labeling shall
conform to that registered with the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
(b) A food additive tolerance is established for residues of the
insecticide [1 (S*),3(Z)]-()-cyano-(3-
phenoxylphenyl)methyl 3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-
dimethylcyclopropanecarboxylate as follows:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Hops, dried................................................ 10.0
------------------------------------------------------------------------
(c) A tolerance, to expire on November 15, 1997, is established for
the combined residues of the insecticide lambda-cyhalothrin and its
epimer expressed as lambda-cyhalothrin, a 1:1 mixture of (S)--
cyano-3-phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-
enyl)-2,2-dimethylcyclopropanecarboxylate and (R)--cyano-3-
phenoxybenzyl-(Z)-(1S,3S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate and its epimer of lambda-cyhalothrin, a
1:1 mixture of (S)--cyano-3-
[[Page 501]]
phenoxybenzyl-(Z)-(1S,3S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate and (R)--cyano-3-phenoxybenzyl-
(Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Corn, grain flour.......................................... 0.15
Sunflower, oil............................................. 0.30
Wheat, bran................................................ 0.2
------------------------------------------------------------------------
[56 FR 6988, Feb. 21, 1991, as amended at 57 FR 32441, July 22, 1992.
Redesignated and amended at 60 FR 34878, July 5, 1995]
Sec. 185.3775 d-Limonene.
The food additive d-limonene may be safely used in accordance with
the following conditions:
(a) It is used with the active ingredients dihydro-5-pentyl-2(3H)-
furanone and dihydro-5-heptyl-2(3H)-furanone in insect-repellent
tablecloths and in insect-repellent strips used in food-handling
establishments.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
[60 FR 16053, Mar. 29, 1995]
Sec. 185.3800 Magnesium phosphide.
The food additive magnesium phosphide may be safely used in
accordance with the following prescribed conditions:
(a) It is used to generate phosphine in the fumigation of processed
foods.
(b) To assure safe use of the additive, it is used in compliance
with the label and labeling conforming to that registered with the U.S.
Environmental Protection Agency. The labeling shall bear a warning to
aerate the finished food for 48 hours before it is offered to the
consumer. A further warning shall state that under no condition should
the formulation containing magnesium phosphide be used so that it or its
unreacted residues will come in contact with any processed food.
(c) Residues of phosphine in or on processed foods do not exceed
0.01 part per million.
[43 FR 56040, Nov. 30, 1978. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.3850 Malathion.
Malathion may be safely used in accordance with the following
conditions:
(a)(1) It is incorporated into paper trays in amounts not exceeding
100 milligrams per square foot.
(2) Treated paper trays are intended for use only in the drying of
grapes (raisins).
(3) Total residues of malathion resulting from drying of grapes on
treated trays and from application to grapes before harvest shall not
exceed 12 parts per million on processed ready-to-eat raisins.
(b) Residues of malathion in refined safflower oil from application
to the growing safflower plant shall not exceed 0.6 part per million.
Sec. 185.3900 Maleic hydrazide.
A food additive known as maleic hydrazide (1,2-dihydro-3,6-
pyridazinedione) may be present in potato chips when used in accordance
with the following conditions:
(a) The food additive is present as a result of the application of a
pesticide formulation containing maleic hydrazide to the growing potato
plant in accordance with directions registered by the U.S. Environmental
Protection Agency.
(b) The label of the pesticide formulation containing the food
additive conforms to labeling registered by the U.S. Environmental
Protection Agency.
(c) The food additive is present in an amount not to exceed 160
parts per million by weight of the finished food.
Sec. 185.4000 Metalaxyl.
(a) A regulation is established permitting the combined residues of
the fungicide metalaxyl [N-(2,6-dimethylphenyl)-N-(methoxyacetyl)
alanine methyl ester] and its metabolites containing the 2,6-
dimethylaniline moiety, and N-(2-hydroxy methyl-6-methyl)-N-
methoxyacetyl)-alanine methylester,
[[Page 502]]
each expressed as metalaxyl, in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Apricots (dried)............................................. 4.0
Citrus, oil.................................................. 7.0
Potatoes, processed (including potato chips)................. 4.0
Prunes (dried)............................................... 4.0
Raisins...................................................... 6.0
Tomatoes, processed.......................................... 3.0
------------------------------------------------------------------------
(b) Indirect or inadvertent tolerances. Tolerances are established
for indirect or inadvertent residues of metalaxyl in the food
commodities when present therein as a result of the application of
metalaxyl to growing crops listed in 40 CFR 180.408(a) and other non-
food crops as listed below:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Barley, milling fractions.................................. 1.0
Oat milling fractions...................................... 1.0
Wheat, milling fractions................................... 1.0
------------------------------------------------------------------------
(c) [Reserved]
(d) A food additive regulation is established for residues of the
fungicide metalaxyl, [N-(2,6-dimethylphenyl)-N-(methoxyacetyl)alanine
methyl ester], and its metabolites containing the 2,6-dimethylaniline
moiety, and N-(2-hydroxymethyl-6-methylphenyl)-N-(methoxyacetyl) alanine
methyl ester, each expressed as metalaxyl, in or on the following
processed foods when present therein as a result of application to
growing hops:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Hops, dried.................................................. 20
------------------------------------------------------------------------
[48 FR 3587, Jan. 26, 1983, as amended at 50 FR 49688, Dec. 4, 1985; 52
FR 41418, Oct. 28, 1987; 52 FR 42760, Nov. 6, 1987; 53 FR 8874, Mar. 18,
1988. Redesignated at 53 FR 24667, June 29, 1988, and amended at 54 FR
12445, Mar. 27, 1989; 55 FR 14833, Apr. 19, 1990; 55 FR 26440, June 28,
1990; 56 FR 2442, Jan. 23, 1991; 56 FR 65003, Dec. 13, 1991; 58 FR
30123, May 26, 1993]
Sec. 185.4025 Metaldehyde.
The food additive metaldehyde may be safely used as a preharvest
spray or dust on strawberries to control slugs and snails, in accordance
with the following prescribed conditions:
(a) The food additive is applied as a preharvest spray or dust on
growing strawberries at a rate of not more than 1 pound per acre,
calculated as metaldehyde, and applied not later than 14 days before
first picking.
(b) A tolerance of zero is established for residues of metaldehyde
on strawberries.
(c) To insure safe usage of the additive:
(1) The label of any market package of the additive shall bear, in
addition to other information required by the act, the name of the
additive.
(2) The label of any prepared mix or concentrate shall indicate the
percentage by weight of the additive.
(3) The label shall bear adequate directions for use, in conformance
with paragraph (a) of this section and may indicate that in the event
the metaldehyde is removed by rain an additional application may be made
provided such application is made not less than 14 days before first
picking.
Sec. 185.4035 Metarhizium anisopliae strain ESF1.
A food additive regulation is established allowing the use of the
microbial pest-control agent Metarhizium anisopliae strain ESF1 as
follows:
(a) Metarhizium anisopliae strain ESF1 may be present as a residue
in food items as a result of application of Metarhizium anisopliae
strain ESF1 in food-handling establishments, including food service,
manufacturing, and processing establishments such as restaurants,
cafeterias, supermarkets, bakeries, breweries, dairies, meat-
slaughtering and packing plants, and canneries where food and food
products are held, processed, and served.
(b) Application shall be limited solely to placement of attractant
stations containing Metarhizium anisopliae strain ESF1 in food-handling
establishments.
(c) To ensure safe use of the microbial pest control agent, its
label and labeling shall conform to that registered by the U.S.
Environmental Protection Agency, and it shall be used in accordance with
such label and labeling.
[58 FR 29121, May 19, 1993]
[[Page 503]]
Sec. 185.4100 Methomyl.
A food additive tolerance of 12 parts per million is established for
residues of the insecticide methomyl (S-methyl-N-[ (methylcarbomyl)
oxy]thioacetimidate) in or on the processed commodity dried hops as a
result of application to the growing hops. There are no United States
registrations for use of methomyl on hops, as of February 14, 1990.
[55 FR 5220, Feb. 14, 1990]
Sec. 185.4150 Methoprene.
A tolerance of 10 parts per million is established for residues of
isopropyl (E,E)-11-methoxy-3,7,11-trimethyl-2,4-dodecadienoate) in or on
the food additive commodity cereal grain milled fractions (except flour
and rice hulls).
[60 FR 42460, Aug. 16, 1995]
Sec. 185.4200 1-Methoxycarbonyl-1-propen-2-yl dimethylphosphate and its beta isomer.
A tolerance of 4 parts per million is established for residues of
the insecticide 1-methoxycarbonyl-1-propen-2-yl dimethylphosphate and
its beta isomer in dehydrated parsley when present as a result of
application of the insecticide to the growing crop.
Sec. 185.4250 Methyl chloride.
The food additive methyl chloride may be safely used in accordance
with the following prescribed conditions:
(a) It is used or intended for use as a propellant in pesticide
formulations in an amount not to exceed 30 percent of the finished
formulation.
(b) It is used or intended for use in food storage and processing
areas whereby spray applications do not contact fatty foods.
(c) To assure safe use of the additive, the label and labeling of
the pesticide formulation containing the food additive shall conform to
the label and labeling registered by the U.S. Environmental Protection
Agency.
Sec. 185.4300 Methyl formate.
The food additive methyl formate may be safely used in or on
specified dried fruits in accordance with the following prescribed
conditions:
(a) It is used or intended for use in or on raisins and dried Zante
currants as a bulk and package fumigant.
(b) It is used in accordance with directions registered with the
U.S. Environmental Protection Agency, and so used that the total formic
acid present, free and combined in the finished product shall not exceed
250 parts per million.
(c) To assure safe use of the additive, its label and labeling shall
conform to that registered with the U.S. Environmental Protection
Agency.
Sec. 185.4350 Myclobutanil.
Tolerances are established for combined residues of the fungicide
myclobutanil [alpha-butyl-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-
propanenitrile] and its metabolite alpha-(3-hydroxybutyl)-alpha-(4-
chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile (free and bound) in or
on the following food additive commodity:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Plums, dried............................................... 8.0
Raisins.................................................... 10.0
------------------------------------------------------------------------
[54 FR 6131, Feb. 8, 1989, as amended at 60 FR 21739, May 3, 1995]
Sec. 185.4400 Nitrogen.
The food additive nitrogen may be safely used after harvest in
modified atmospheres for stored product insect control on all processed
agricultural commodities.
[46 FR 32866, June 25, 1981. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.4450 Norflurazon.
A regulation is established for the combined residues of the
herbicide norflurazon (4-chloro-5-(methylamino)-2-(alpha, alpha, alpha-
trifluoro-m-tolyl)-3(2H)-pyridazinone) and its desmethyl metabolite (4-
chloro-5-amino-2-(alpha, alpha, alpha-trifluoro-m-tolyl)-3(2H)-
pyridazinone) in dried hops at 3.0 parts per million when
[[Page 504]]
present therein as a result of its application to the growing crop.
[47 FR 14896, Apr. 7, 1982. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.4500 N-Octylbicycloheptene dicarboximide.
The food additive N-octylbicycloheptene dicarboximide may be safely
used in accordance with the following prescribed conditions:
(a) It is used in combination with piperonyl butoxide and pyrethrins
for insect control in food-processing and food-storage areas, provided
that the food is removed or covered prior to such use.
(b) Residues in food resulting from the use described in paragraph
(a) of this section shall not exceed 10 parts per million of N-
octylbicycloheptene dicarboximide, 10 parts per million of piperonyl
butoxide, and 1 part per million of pyrethrins.
(c) To assure safe use of the additive, its label and labeling shall
conform to that registered with the U.S. Environmental Protection Agency
and it shall be used in accordance with such label and labeling.
Sec. 185.4650 Paraformaldehyde.
The food additive paraformaldehyde may be safely used in accordance
with the following prescribed conditions.
(a) It is used to control microbial or fungal growth in maple tree
tapholes
(b) It is so used that the maple sirup produced from the sap of
treated maple trees does not contain in excess of 2 parts per million of
formaldehyde.
Sec. 185.4700 Paraquat.
A tolerance of 0.2 part per million is established for residues of
the defoliant, desiccant, and herbicide paraquat (1,1'-dimethyl-4,4'-
bipyridinium ion) derived from the application of either the bis (methyl
sulfate) or dichloride salt (both calculated as the cation) in or on
dried hops resulting from application of the pesticide to growing hops.
[40 FR 43720, Sept. 23, 1975. Redesignated at 41 FR 26568, June 28,
1976, and at 53 FR 24667, June 29, 1988]
Sec. 185.4800 Phosalone.
Tolerances are established for residues of the insecticide phosalone
(S-(6-chloro-3-(mercaptomethyl)-2-benzoxazolinone) O,O-diethyl
phosphorodithioate) in or on the following processed foods when present
therein as a result of application of the insecticide to the growing
crops:
40 parts per million in or on dried prunes.
20 parts per million in or on raisins.
8 parts per million in or on dried tea.
Sec. 185.4850 Picloram.
Tolerances are established for residues of picloram [4-amino-3,5,6-
trichloropicolinic acid] resulting from the application of the pesticide
to growing crops in the following:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Barley, milled fractions (exc flour)......................... 3
Oats, milled fractions (exc flour)........................... 3
Wheat, milled fractions (exc flour).......................... 3
------------------------------------------------------------------------
[41 FR 19211, May 11, 1976. Redesignated at 41 FR 26568, June 28, 1976,
and at 53 FR 24667, June 29, 1988]
Sec. 185.4900 Piperonyl butoxide.
The food additive piperonyl butoxide may be safely used in
accordance with the following prescribed conditions:
(a) It is used or intended for use in combination with pyrethrins
for control of insects:
(1) In cereal grain mills and in storage areas for milled cereal
grain products, whereby the amount of piperonyl butoxide is at least
equal to but not more than 10 times the amount of pyrethrins in the
formulation.
(2) On the outer ply of multiwall paper bags of 50 pounds or more
capacity in amounts not exceeding 60 milligrams per square foot, whereby
the amount of piperonyl butoxide is equal to 10 times the amount of
pyrethrins in the formulation. Such treated bags are to be used only for
dried foods.
(3) On cotton bags of 50 pounds or more capacity in amounts not
exceeding 55 milligrams per square foot of cloth, whereby the amount of
piperonyl butoxide is equal to 10 times the amount of pyrethrins in the
formulation. Such treated bags are constructed
[[Page 505]]
with waxed paper liners and are to be used only for dried foods that
contain 4 percent fat or less.
(4) In two-ply bags consisting of cellophane/polyolefin sheets bound
together by an adhesive layer when it is incorporated in the adhesive.
The treated sheets shall contain not more than 50 milligrams of
piperonyl butoxide per square foot (538 milligrams per square meter).
Such treated bags are to be used only for packaging prunes, raisins, and
other dried fruits and are to have a maximum ratio of 3.12 milligrams of
piperonyl butoxide per ounce of fruit (0.10 milligram of piperonyl
butoxide per gram of product).
(5) In food processing and food storage areas: Provided, That the
food is removed or covered prior to such use.
(b) It is used or intended for use in combination with pyrethrins
and N-octylbicycloheptene dicarboximide for insect control in accordance
with Sec. 178.3730.
(c) A tolerance of 10 parts per million is established for residues
of piperonyl butoxide in or on:
(1) Milled fractions derived from cereal grains when present therein
as a result of its use in cereal grain mills and in storage areas for
milled cereal grain products.
(2) Dried foods when present as a result of migration from its use
on the outer ply of multiwall paper bags of 50 pounds or more capacity.
(3) Foods treated in accordance with Sec. 178.3730.
(4) Dried foods that contain 4 percent fat, or less, when present as
a result of migration from its use on the cloth of cotton bags of 50
pounds or more capacity constructed with waxed paper liners.
(5) Foods treated in accordance with paragraph (a)(4) and (5) of
this section.
(d) To assure safe use of the additive, its label and labeling shall
conform to that registered with the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
(e) Where tolerances are established under sections 408 and 409 of
the Act on both raw agricultural commodities and processed foods made
therefrom, the total residues of piperonyl butoxide in or on the
processed food shall not be greater than that permitted by the larger of
the two tolerances.
[40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976,
and amended at 50 FR 2958, Jan. 23, 1985. Redesignated at 53 FR 24667,
June 29, 1988]
Sec. 185.4950 Pirimiphos-methyl.
(a) Tolerances are established for the combined residues of the
insecticide pirimiphos-methyl (O-[2-diethylamino-6-methyl-4-pyrimidinyl]
O,O-dimethyl phosphorothioate) and its metabolite O-(2-ethylamino-6-
methyl-pyrimidin-4-yl) O,O-dimethyl phosphorothioate and, in free and
conjugated forms, the metabolites 2-diethylamino-6-methyl-pyrimidin-4-
ol, 2-ethylamino-6-methyl-pyrimidin-4-ol, and 2-amino-6-methyl-
pyrimidin-4-ol in or on the following processed foods when present
therein as a result of application to stored grains:
------------------------------------------------------------------------
Parts
Food per
million
------------------------------------------------------------------------
Corn milling fractions (except flour).......................... 40
Corn oil....................................................... 88
Sorghum milling fractions (except flour)....................... 40
------------------------------------------------------------------------
(b) A food additive tolerance of 8.0 parts per million is
established for residues of the insecticide pirimiphos-methyl (0-[2-
diethylamino-6-methyl-4-pyrimidinyl]0,0-dimethyl phosphorothioate) and
its metabolite 0-(2-ethylamino-6-methyl-pyrimidine-4-yl)0,0-
dimethylphosphorothioate and, in free and conjugated forms, the
metabolites 2-diethylamino-6-methyl-pyrimidin-4-ol,2-ethylamino-6-
methyl-pyrimidin-4-ol, and 2-amino-6-methylpyrimidin-4-ol in or on the
processed commodity wheat flour as a result of application to stored
wheat grain. There are no United States registrations for use of
pirimiphos-methyl on wheat, as of June 12, 1990.
[53 FR 8874, Mar. 18, 1988. Redesignated at 53 FR 24667, June 29, 1988,
and amended at 55 FR 23737, June 12, 1990]
Sec. 185.5000 Propargite.
Tolerances are established for residues of the insecticide
propargite (2-(p-tert-butylphenoxy)cyclohexyl 2-
[[Page 506]]
propynyl sulfite) in or on the following processed foods when present
therein as a result of the application of this insecticide to growing
crops:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Figs, dried.................................................. 9
Hops, dried.................................................. 30
Tea, dried................................................... 10
------------------------------------------------------------------------
[44 FR 38841, July 3, 1979. Redesignated at 53 FR 24667, June 29, 1988,
as amended at 61 FR 12009, Mar. 22, 1996]
Effective Date Note: At 61 FR 12009, in Sec. 185.5000, the entries
for ``Figs, dried'' and ``Tea, dried''were removed from the table,
effective May 21, 1996. At 61 FR 25154, May 21, 1996, the removals were
stayed indefinitely.
Sec. 185.5100 Propetamphos.
A tolerance of 0.1 part per million is established for residues of
the insecticide propetamphos ([(e)-]-methylethyl 3-[[(ethylamino)
methoxyphosphinothioyl]oxy]-2-butenoate]) in food commodities exposed to
the insecticide during treatment of food-handling establishments.
(a) Direct application shall be limited solely to spot and/or crack
and crevice treatment in food-handling establishments where food and
food products are held, processed, prepared, or served. Spray and dust
concentrations shall be limited to a maximum of 1 percent active
ingredient. For crack and crevice treatment, equipment capable of
delivering a dust or a pin-stream of spray directly into cracks and
crevices shall be used. For spot treatment, a coarse, low-pressure spray
shall be used to avoid contamination of food or food-contact surfaces.
(b) To ensure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
[48 FR 52902, Nov. 23, 1983. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.5150 Propylene oxide.
The food additive propylene oxide may be safely used in or on foods
in accordance with the following prescribed conditions:
(a) It is intended as a fumigant in or on bulk quantities of cocoa,
gums, processed spices, and processed nutmeats (except peanuts) when
such bulk foods are to be further processed into a final food form.
(b) It is applied in fumigation chambers not more than one time at a
temperature not in excess of 125 deg. F. The maximum period of
fumigation shall not exceed 4 hours for cocoa, processed nutmeats
(except peanuts), and processed spices. For edible gums, the maximum
duration shall be 24 hours.
(c) When used as described in paragraphs (a) and (b) of this
section, residues shall not exceed the following limitations:
------------------------------------------------------------------------
Food Limitations\1\
------------------------------------------------------------------------
Cocoa................................................... 300
Gums.................................................... 300
Processed nutmeats (except peanuts)..................... 300
Spices, processed....................................... 300
------------------------------------------------------------------------
\1\ Expressed as parts per million of propylene oxide.
(d) When used as a mixture with carbon dioxide (92 parts of carbon
dioxide to 8 parts of propylene oxide on a weight/weight basis), all
commodities listed in paragraph (c) of this section may be processed not
more than one time for a period not to exceed 48 hours and at a
temperature not to exceed 125 deg. F.
(e) To assure safe use of the additive, the label and labeling of
the pesticide formulation containing the food additive shall conform to
the label an labeling registered by the U. S. Environmental Protection
Agency.
[40 FR 14156, Mar. 28, 1975, as amended at 41 FR 1589, Jan. 9, 1976.
Redesignated at 41 FR 26568, June 28, 1976, and amended at 42 FR 59852,
Nov. 22, 1977. Redesignated at 53 FR 24667, June 29, 1988, as amended at
61 FR 12009, Mar. 22, 1996; 61 FR 25154, May 20, 1996]
Effective Date Note: At 61 FR 12009, Sec. 185.5150 was removed,
effective May 21, 1996. At 61 FR 25154, May 20, 1996, the removal of the
introductory text, paragraphs (a) through (e), and the entries in the
table in paragraph (c) for ``Cocoa'', ``Gums'', ``Processed nutmeats
(except peanuts)'', and ``Spices, processed'' was stayed indefinitely.
Sec. 185.5200 Pyrethrins.
The food additive pyrethrins may be safely used in accordance with
the following prescribed conditions:
[[Page 507]]
(a) It is used or intended for use in combination with piperonyl
butoxide for control of insects:
(1) In cereal grain mills and in storage areas for milled cereal
grain products, whereby the amount of pyrethrins is from 10 percent to
100 percent of the amount of piperonyl butoxide in the formulation.
(2) On the outer ply of multiwall paper bags of 50 pounds or more
capacity in amounts not exceeding 6 milligrams per square foot, whereby
the amount of pyrethrins is equal to 10 percent of the amount of
piperonyl butoxide in the formulation. Such treated bags are to be used
only for dried foods.
(3) On cotton bags of 50 pounds or more capacity in amounts not
exceeding 5.5 milligrams per square foot of cloth, whereby the amount of
pyrethrins is equal to 10 percent of the amount of piperonyl butoxide in
the formulation. Such treated bags are constructed with waxed paper
liners and are to be used only for dried foods that contain 4 percent
fat or less.
(4) In two-ply bags consisting of cellophane/polyolefin sheets bound
together by an adhesive layer when it is incorporated in the adhesive.
The treated sheets shall contain not more than 10 milligrams of
pyrethrins per square foot (107.6 milligrams per square meter). Such
treated bags are to be used only for packaging prunes, raisins, and
other dried fruits and are to have a maximum ratio of 0.31 milligram of
pyrethrins per ounce of fruit (0.01 milligram of pyrethrins per gram of
product).
(5) In food processing areas and food storage areas: Provided, That
the food is removed or covered prior to such use.
(b) It is used or intended for use in combination with piperonyl
butoxide and N-octylbicycloheptene dicarboximide for insect control in
accordance with Sec. 185.4500.
(c) A tolerance of one part per million is established for residues
of pyrethrins in or on:
(1) Milled fractions derived from cereal grains when present as a
result of its use in cereal grain mills and in storage areas for milled
cereal grain products.
(2) Dried foods when present as the result of migration from its use
on the outer ply of multiwall paper bags of 50 pounds or more capacity.
(3) Foods treated in accordance with Sec. 185.4500.
(4) Dried foods that contain 4 percent fat, or less, when present as
a result of migration from its use on the cloth of cotton bags of 50
pounds or more capacity constructed with waxed paper liners.
(5) Foods treated in accordance with paragraphs (a)(4) and (a)(5) of
this section.
(d) To assure safe use of the additive, its label and labeling shall
conform to that registered with the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and labeling.
(e) Where tolerances are established under sections 408 and 409 of
the Act on both raw agricultural commodities and processed foods made
therefrom, the total residues of pyrethrins in or on the processed food
shall not be greater than that permitted by the larger of the two
tolerances.
[40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976,
and further redesignated and amended at 53 FR 24666, 24668, June 29,
1988]
Sec. 185.5250 Quizalofop ethyl.
A food additive regulation is established to permit the combined
residues of the herbicide quizalofop (2-[4-(6-chloroquinoxalin-2-yl oxy)
phenoxy]propanoic acid) and quizalofop ethyl (ethyl 2-[4-(6-
chloroquinoxalin-2-yl oxy)phenoxy] propanoate, all expressed as
quizalofop ethyl in or on the food commodity soybean flour at 0.5 part
per million (ppm).
[53 FR 23387, June 22, 1988. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.5300 Resmethrin.
Tolerances are established for residues of the insecticide
resmethrin [5-(phenylmethyl)-3-furanyl] methyl 2,2-dimethyl-3-(2-methyl-
1-propenyl) cyclopropanecarboxylate in or on food items at 3.0 ppm
resulting from use of the insecticide in food handling and storage areas
as a space concentration for spot/or crack and crevice treatment
[[Page 508]]
and shall be limited to a maximum of 3.00 percent of the active
ingredient by weight, and as a space treatment shall be limited to a
maximum of 0.5 fluid ounce of 3.0 percent active ingredient by weight
per 1000 cubic feet of space provided that the food is removed or
covered prior to such use. To assure safe use of the additive, its label
and labeling shall conform to that registered with the U.S.
Environmental Protection Agency, and shall be used in accordance with
such label and labeling.
[48 FR 36247, Aug. 10, 1983. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.5375 Sulfonium, trimethyl-salt with N-(phosphonomethyl)glycine (1:1).
(a) Food additive regulation is established for residues of the
herbicide sulfonium, trimethyl-salt with N-(phosphonomethyl)glycine
(1:1) (formerly glyphosate-trimesium/sulfosate) in or on the following
processed commodities:
------------------------------------------------------------------------
Parts per
Commodities million
------------------------------------------------------------------------
Prunes (of which no more than 0.05 ppm is
trimethylsulfonium)....................................... 0.2
Raisins (of which no more than 0.05 ppm is
trimethylsulfonium)....................................... 0.20
Soybean, hulls (of which no more than 2 ppm is
trimethylsulfonium)....................................... 7.0
------------------------------------------------------------------------
(b) [Reserved]
[61 FR 9359, Mar. 8, 1996, as amended at 61 FR 15900, Apr. 10, 1996]
Sec. 185.5450 Tralomethrin.
(a) A time-limited food additive regulation is established for the
combined residues of the insecticide tralomethrin ((S)-alpha-cyano-3-
phenoxybenzyl-(1R,3S)-2,2-dimethyl-3-[(RS)-1,2,2,2-tetrabromoethyl]-
cyclopropanecarboxylate; CAS Reg. No. 66841-25-6) and its metabolites
(S)-alpha-cyano-3-phenoxybenzyl (1R,3R)-3-(2,2-dibromovinyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-alpha-cyano-3-
phenoxybenzyl(1S,3R)-3-(2,2-dibromovinly)-2,2-
dimethylcyclopropanecarboxylate calculated as the parent in or on the
following food commodities when present as a result of application of
the insecticide to the growing crops:
------------------------------------------------------------------------
Parts per
Commodity million Expiration date
------------------------------------------------------------------------
Cottonseed oil..................... 0.20 Nov. 15, 1997.
------------------------------------------------------------------------
(b) A time-limited food additive regulation is established
permitting residues of the pesticide tralomethrin ((S)-alpha-cyano-3-
phenoxybenzyl-(1R,3S)-2,2-dimethyl-3-[(RS)-1,2,2,2-tetrabromoethyl]-
cyclopropanecarboxylate; CAS Reg. No. 66841-25-6) and its metabolites
(S)-alpha-cyano-3-phenoxybenzyl (1R,3R)-3-(2,2-dibromovinyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-alpha-cyano-3-
phenoxybenzyl(1S,3R)-3-(2,2-dibromovinly)-2,2-
dimethylcyclopropanecarboxylate calculated as the parent in or on the
following food commodity resulting from application of the insecticide
to tomatoes in accordance with an experimental program (34147-EUP-2).
The conditions set forth in this section shall be met.
------------------------------------------------------------------------
Parts per
Commodity million Expiration date
------------------------------------------------------------------------
Tomato puree....................... 1.00 June 1, 1997.
------------------------------------------------------------------------
(1) Residues in the food not in excess of the established tolerance
resulting from the use described in paragraph (b) of this section
remaining after expiration of the experimental program will not be
considered to be actionable if the insecticide is applied during the
term of and in accordance with the provisions of the experimental use
program and feed additive regulation.
(2) The company concerned shall immediately notify the Environmental
Protection Agency of any findings from the experimental use that have a
bearing on safety. The firm shall also keep records of production,
distribution, and performance, and on request make the records available
to any authorized officer or employee of the Environmental
[[Page 509]]
Protection Agency or the Food and Drug Administration.
(c) A food additive tolerance of 0.02 part per million is
established for the combined residues of the insecticide tralomethrin
((S)-alpha-cyano-3-phenoxybenzyl-(1R,3S)-2,2-dimethyl-3-[(RS)-1,2,2,2-
tetrabromoethyl] cyclopropanecarboxylate) and its metabolites cis-
deltamethrin [(S-alpha-cyano-3-phenoxybenzyl-(1R,3R)-3-[2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate] and trans-
deltamethrin [(S)-alpha-cyano-3-phenoxybenzyl (1S,3R)-3-(2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate] as follows:
(1) In or on all food items (other than those covered by a higher
tolerance as a result of use on growing crops) in food-handling
establishments.
(2) The insecticide may be present as a residue from application of
tralomethrin in food-handling establishments, including food service,
manufacturing, and processing establishments, such as restaurants,
cafeterias, supermarkets, bakeries, breweries, dairies, meat
slaughtering and packing plants, and canneries in accordance with the
following prescribed conditions:
(i) Application shall be limited to a general surface and spot and/
or crack and crevice treatment in food-handling establishments where
food and food products are held, processed, prepared, and served.
General surface application may be used only when the facility is not in
operation provided exposed food has been covered or removed from the
area being treated. All food-contact surfaces and equipment must be
thoroughly cleaned after general surface applications. Spot and/or crack
and crevice application may be used while the facility is in operation
provided exposed food is covered or removed from the area being treated
prior to application. Spray concentration shall be limited to a maximum
of 0.06 percent active ingredient. Contamination of food and food-
contact surfaces shall be avoided.
(ii) To assure safe use of the insecticide, its label and labelling
shall conform to that registered with the U.S. Environmental Protection
Agency and shall be used in accordance with such label and labelling.
[60 FR 38265, July 26, 1995, as amended at 60 FR 54612, Oct. 25, 1995]
Sec. 185.5475 Tetradifon.
Tolerances are established for residues of tetradifon (2,4,5,4'-
tetrachlorodiphenyl sulfone) when present as a result of its application
as a pesticide chemical to growing agricultural crops, as follows:
120 parts per million in or on dried hops.
10 parts per million in or on dried figs.
8 parts per million in or on dried tea.
Sec. 185.5550 Thiabendazole.
A tolerance of 3 parts per million is established for residues of
the fungicide thiabendazole [2-(4-thiazolyl) benzimidazole] in or on
wheat milled fractions (except flour) resulting from applications of the
fungicide to growing wheat.
[50 FR 14098, Apr. 10, 1985. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.5950 Triforine.
A food additive regulation is established to permit residues of the
fungicide triforine (N,N-[1,4-piperazinediylbis(2,2,2-
trichloroethylidene)] bis[formamide]) in or on the following processed
foods when present therein as a result of application to growing hops:
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Hops, dried................................................. 60
------------------------------------------------------------------------
[52 FR 39222, Oct. 21, 1987. Redesignated at 53 FR 24667, June 29, 1988]
Sec. 185.6300 Zinc ion and maneb coordination product.
Tolerances are established for residues of a fungicide which is a
coordination product of zinc ion and maneb (manganous
ethylenebisdithiocarbamate) containing 20 percent manganese, 2.5 percent
zinc, and 77.5 percent ethylenebisdithiocarbamate (the whole product
calculated as zinc ethylenebisdithiocarbamate) in or on
[[Page 510]]
the following processed foods, when present therein as a result of the
application of this fungicide to growing crops:
20 parts per million in the bran of oats.
[40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976
and 53 FR 24667, June 29, 1988, and amended at 59 FR 33694, 33696, June
30, 1994; 61 FR 12009, Mar. 22, 1996; 61 FR 25154, May 20, 1996]
Effective Date Note: At 61 FR 12009, Mar. 22, 1996, Sec. 185.6300
was removed, effective May 21, 1996. At 61 FR 25154, May 20, 1996, the
removal of the introductory text and the entry for ``bran of oats'' was
stayed indefinitely.