Texas Agricultural Extension Service

The Texas A&M University System

TITLE 40, PART 185

U.S. CODE OF

FEDERAL REGULATIONS

TOLERANCES FOR PESTICIDES IN FOOD

40 CFR 185 - TOLERANCES FOR PESTICIDES IN FOOD

Contents

Subpart A-[Reserved]

Subpart B-Food Additives Permitted in Food for Human Consumption

Sec.

185.100 Acephate.

185.150 Aldicarb.

185.200 Aluminum phosphide.

185.250 4-Amino-6-(1,1-dimethylethyl)-3-(methylthio)-1,2,4-triazin-5(4 H)-one.

185.300 Avermectin BG5 1K and its delta-8,9-isomer; tolerances for residues.

185.350 Benomyl.

185.410 1,1-Bis(p-chlorophenyl)-2,2,2-trichloroethanol.

185.425 Bromide ion and residual bromine.

185.500 Captan.

185.600 Carbofuran.

185.650 Carbon dioxide.

185.800 1-(4-Chlorophenoxy)-3,3-dimethyl-1-[1 H-1,2,4-triazol-1-yl]-2-butanone.

185.900 1-[(6-Chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine; tolerances for residues.

185.1000 Chlorpyrifos.

185.1050 Chlorpyrifos-methyl.

185.1100 Clopyralid.

185.1150 Combustion product gas.

185.1200 Copper.

185.1250 Cyfluthrin.

185.1300 Cyano(3-phenoxyphenyl)methyl-4-chloro-alpha-(1-methylethyl)benzeneacetate and its S,S isomer.

185.1310 [1-alpha-(S*),3-alpha(Z)]-()-cyano(3-phenoxyphenyl) methyl-3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-dimethyl cyclopropanecarboxylate.

185.1350 Cyhexatin.

185.1450 2,4-D.

185.1500 Dalapon.

185.1580 Deltamethrin.

185.1650 Dialifor.

185.1700 Diatomaceous earth.

185.1750 Diazinon.

185.1800 Dicamba.

185.1850 3-(3,5-Dichlorophenyl)-5-ethenyl-5-methyl-2,4-oxazolidinedione.

185.1900 2,2-Dichlorovinyl dimethyl phosphate.

185.1975 Dihydro-5-heptyl-2(3H)-furanone.

185.1985 Dihydro-5-pentyl-2(3H)-furanone.

185.2150 2,2-Dimethyl-1,3-benzodioxol-4-ol methylcarbamate.

185.2200 O,O-Dimethyl O-(4-nitro- m-tolyl) phosphorothioate.

185.2225 O,O-Dimethyl S-[(4-oxo-1,2,3-benzotriazin-3(4 H)-ylmethyl] phosphorodithioate.

185.2250 Dimethyl phosphate of 3-hydroxy- N-methyl-cis-crotonamide.

185.2275 N,N-dimethylpiperidinium chloride.

185.2500 Diquat.

185.2600 Endosulfan.

185.2650 Endothall.

185.2700 Ethephon.

185.2750 Ethion.

185.2800 2-[1-(Ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexene-1-one.

185.2850 Ethylene oxide.

185.2900 Ethyl formate.

185.2950 Ethyl 3-methyl-4-(methylthio)phenyl (1-methylethyl)-phosphoramidate.

185.3000 O-Ethyl O-[4-(methylthio)phenyl] S-propyl phosphorodithioate.

185.3200 Fenarimol.

185.3225 Fenpropathrin.

185.3250 Fluazifop-butyl.

185.3300 Flucythrinate.

185.3450 Formetanate hydrochloride.

185.3475 Fumigants for grain-mill machinery.

185.3480 Fumigants for processed grains used in production of fermented malt beverages.

185.3500 Glyphosate.

185.3550 Hexakis.

185.3575 Hexazinone; tolerances for residues.

185.3600 Hydrogen cyanide.

185.3625 Hydroprene; tolerances for residues.

185.3650 Imazalil.

185.3700 Inorganic bromides.

185.3750 Iprodione.

185.3775 d-Limonene.

185.3800 Magnesium phosphide.

185.3850 Malathion.

185.3900 Maleic hydrazide.

185.4000 Metalaxyl.

185.4025 Metaldehyde.

185.4035 Metarhizium anisopliae strain ESF1.

185.4100 Methomyl.

185.4150 Methoprene.

185.4200 1-Methoxycarbonyl-1-propen-2-yl dimethylphosphate and its beta isomer.

185.4250 Methyl chloride.

185.4300 Methyl formate.

185.4350 Myclobutanil.

185.4400 Nitrogen.

185.4450 Norflurazon.

185.4500 N-Octylbicycloheptene dicarboximide.

185.4600 Oxyfluorfen.

185.4650 Paraformaldehyde.

185.4700 Paraquat.

185.4800 Phosalone.

185.4850 Picloram.

185.4900 Piperonyl butoxide.

185.4950 Pirimiphos-methyl.

185.5000 Propargite.

185.5100 Propetamphos.

185.5150 Propylene oxide.

185.5200 Pyrethrins.

185.5250 Quizalofop ethyl.

185.5300 Resmethrin.

185.5350 Simazine.

185.5450 Tralomethrin.

185.5475 Tetradifon.

185.5550 Thiabendazole.

185.5900 Trifluralin.

185.5950 Triforine.

185.6300 Zinc ion and maneb coordination product.

Subpart C-Food Additives Resulting From Contact With Containers or Equipment And Food Additives Otherwise Affecting Food

185.7000 Malathion.

Authority: 21 U.S.C. 346a and 348.

Source: 40 FR 14156, Mar. 28, 1975, unless otherwise noted. Redesignated at 41 FR 26568, June 28, 1976, and 53 FR 24667, June 29, 1988.

Editorial Note: The text of part 185 set forth below was transferred and recodified at 53 FR 24666, June 29, 1988. New part 185 formerly appeared in 21 CFR part 193. A Redesignation Table appears in the Finding Aids section of this volume.

Subpart A-[Reserved]

Subpart B-Food Additives Permitted in Food for Human Consumption

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 label and labeling.

[47 FR 52995, Nov. 24, 1982. Redesignated at 53 FR 24667, June 29, 1988]

185.150 Aldicarb.

(a) A regulation is established permitting the combined residues of the insecticide/nematocide aldicarb 2-methyl-2-(methylthio)propionaldehyde O-(methyl-carbamoyl)oxime and its cholinesterase-inhibiting me-tab-o-lites 2-methyl-2-(methyl-sulfonyl) propionaldehyde O-(methyl-carbamoyl)oxime and 2-methyl-2-(methyl-sulfonyl)propionaldehyde O-(methyl-carbamoyl)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]

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.

[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]

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-(methyl-thio)--1,2,4-triazin-5(4 H)-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:

Food Parts per 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]

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 A1a) in or on the following commodity:

Commodity Parts per million

Citrus oil 0.10

[59 FR 49826, Sept. 30, 1994]

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]

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, 185.410 was removed. At 59 FR 23800, May 9, 1994 the effective date of the removal was stayed until further notice.

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.

[41 FR 17893, Apr. 29, 1976. Redesignated at 41 FR 26568, June 28, 1976, and at 53 FR 24667, June 29, 1988]

185.500 Captan.

A tolerance of 50 parts per million is established for residues of captan (N-trichloromethylmercapto-4-cyclohexene-1,2-dicarboximide) in or on washed raisins when present as a result of fungicidal treatment by preharvest application to grapes and postharvest application during the drying process.

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-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:

Commodity Parts per 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]

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]

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-(1 H-1,2,4-triazol-1-yl)--2-butanone and its me-tab-o-lite beta-(4-chloro-phenoxy)-alpha-(1,1-dimethylethyl)-1 H-1,2,4-triazole-1-ethanol in or on the following food commodities:

Food Parts per 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]

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:

Food Parts per million

Potato, chip 0.4

(b) A food additive regulation is established permitting residues of the insecticide 1-[(6-chloro-3-pyridinyl)methyl]- N-nitro-2-imidazolidimine in or on the following food commodities:

Food Part per 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]

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:

Foods Parts per 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 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:

Foods Parts per 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]

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 me-tab-o-lite (3,5,6-trichloro-2-pyridinol) in or on the following processed feeds when present therein as a result of application to stored grains:

Food Parts per 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]

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:

Food Parts per 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:

FoodsParts per millionExpiration date

Field corn, milling fractions 1.5DDecember 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]

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]

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]

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:

Commodity Parts per 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-phenoxy-phenyl)methyl-3-(2,2-dichloro-ethenyl)-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 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-dichloro-ethenyl)-2,2-dimethylcyclopropanecarboxylate) 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]

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)benzene-acetate and an isomer, (S)-cyano(3-phenoxy-phenyl)methyl-(S)-4-chloro-alpha-(1-methyl-ethyl)-benzene-acetate, 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-phenoxy-phenyl)methyl-4-chloro-alpha-(1-methyl-ethyl)benzene-acetate 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-phenoxy-phenyl) methyl-(S)-4-chloro-alpha-(1-methyl-ethyl)benzene-acetate 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 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.

(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]

185.1310 [1-alpha(S*),3-alpha(Z)]-()-cyano(3-phenoxyphenyl) methyl-3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-dimethyl cyclopropanecarboxylate.

(a) A food additive tolerance of 0.01 part per million is established for residues of the insecticide [1-alpha(S*),3-alpha(Z)]-()-cyano(3-phenoxyphenyl)methyl 3-(2-chloro- 3,3,3-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate (lambda-cyhalothrin) as follows:

(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-alpha(S*),3-alpha(Z)]-()-cyano-(3-phenoxylphenyl) methyl 3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2- dimethylcyclopropanecarboxylate as follows:

Commodity Parts per million

Hops, dried 10.0

[56 FR 6988, Feb. 21, 1991, as amended at 57 FR 32441, July 22, 1992]

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:

Food Parts per million

Hops, dried D90

Prunes, dried D4

[53 FR 23389, June 22, 1988. Redesignated at 53 FR 24667, June 29, 1988]

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]

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]

185.1580 Deltamethrin.

A regulation is established permitting residues of the insecticide deltamethrin [(1 R,3 R)-3(2,2-dibromovinyl)-2,2-dimethylcyclopropanecarboxylic acid (S)-alpha-cyano-3-phenoxy-benzyl ester] and its major metabolite, trans-deltamethrin, in or on the following food commodity:

Commodity Parts per million

Tomato products (concentrated) 1.0

[56 FR 6990, Feb. 21, 1991]

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.

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]

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.

[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]

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.

Food Parts per million

Sugarcane molasses 2.0

[48 FR 11114, Mar. 16, 1983. Redesignated at 53 FR 24667, June 29, 1988]

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-dichloro-aniline moiety in or on the following food commodities:

Food Parts per 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:

Food Parts per 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]

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, 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.

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]

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.

[60 FR 16053, Mar. 29, 1995]

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.

[60 FR 16053, Mar. 29, 1995]

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]

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]

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-benzo-triazin-3(4 H)-ylmethyl] phosphorodithioate in soybean oil resulting from application of the insecticide to the raw agricultural commodity soybeans.

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]

185.2275 N,N-dimethylpiperidinium chloride.

(a) A tolerance of 6 parts per million (ppm) is established for residues of the plant growth regulator N,N-dimethylpiperidinium chloride in the processed fraction raisins, resulting from application of the plant regulator to the growing crop groups. Such residues may be present therein only as a result of the application of the plant growth regulator to the growing grapes in accordance with an experimental use permit that expires June 30, 1991.

(b) Residues in or on raisins not in excess of 6 ppm resulting from the use described in paragraph (a) of this section remaining after expiration of the experimental use program will not be considered actionable if the pesticide is legally applied during the term of and in accordance with the provisions of the emergency use permit and food additive tolerance.

(c) BASF Corporation shall immediately notify the Environmental Protection Agency (EPA) 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 EPA or the Food and Drug Administration (FDA).

[55 FR 39409, Sept. 27, 1990]

Effective Date Note: At 60 FR 32097, June 19, 1995, 185.2275 was removed, effective August 18, 1995.

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 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 (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]

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-hexa-chloro-1,5,5a,6,9,9a-hexa-hydro-6,9-methano-2,4,3-benzo-dioxathiepin-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.

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-dimethyl-alkylamine, and mono- N-N-dimethyl-alkylamine salts as algicides or herbicides to control aquatic plants in canals, lakes, ponds, and other potential sources of potable water.

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:

Food Parts per 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]

Effective Date Note: At 60 FR 32097, June 19, 1995, in 185.2700, the designation for paragraph (a) and paragraphs (b) and (c) were removed, effective August 18, 1995. For the convenience of the reader, the superseded text is set forth below.

185.2700 Ethephon.

* * * * *

(b) A food additive regulation is established for the plant growth regulator ethephon [(2-chloroethyl)-phosphonic acid] in or on the following food commodities resulting from application of ethephon to growing crops in accordance with an experimental use program.

Food Parts per million Company Expiration date

Sugarcane, molasses 7.0 Union Carbide July 14, 1988.

(1) Residues in the food in excess of the established tolerance resulting from the use described in paragraph (b) of this section remaining after expiration of the experimental use program will not be considered to be actionable if the plant growth regulator is legally applied during the term of, and in accordance with, the provisions of the experimental use permit and the food additive regulation.

(2) The Company concerned shall immediately notify the Environmental Protection Agency of any findings for 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 Protection Agency or the Food and Drug Administration.

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.

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-(ethyl-thio)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]

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.

(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]

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.

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:

Food Parts per million

Citrus oil 25.0

Raisins 0.3

[48 FR 29839, June 29, 1983. Redesignated at 53 FR 24667, June 29, 1988]

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]

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-chloro-phenyl)-alpha-(4-chloro-phenyl)-1,4-dihydro-5-pyrimidine-methanol 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:

Commodity Parts per million

Grape juice 0.6

Raisins 0.6

[53 FR 44403, Nov. 3, 1988]

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:

Commodity Parts per million Expiration date

Cottonseed oil 3.0 Nov. 15, 1997

[58 FR 19358, Apr. 14, 1993, as amended at 60 FR 9785, Feb. 22, 1995]

185.3250 Fluazifop-butyl.

Tolerances are established for residues of (G6-1BK)-2-[4-[[5-(tri-fluoromethyl)-2-pyridinyl]oxy]phenoxy]propanoic acid (fluazifop), both free and conjugated, and of (G61BK)-butyl 2[4-[[5-(trifluoromethyl)-2-pyridinyl]oxy]phenoxy]propanoate (fluazifop-butyl), all expressed as fluazifop, in or on the following foods:

Food Parts per million

Cottonseed, oil 0.2

Soybean, oil 2.0

[48 FR 19023, Apr. 27, 1983. Redesignated at 53 FR 24667, June 29, 1988]

185.3300 Flucythrinate.

Tolerances are established for residues of the insecticide flucythrinate ((RS)-cyano-(3-phenoxyphenyl)methyl (S)-4-(difluoromethoxy)-alpha-(1-methylethyl)benzeneacetate; CAS Reg. No. 70124-77-5) in or on the following food commodities, resulting from application of the insecticide to the growing crop:

Commodity Part per million (ppm)

Cottonseed Oil 0.2

[47 FR 616, Jan. 6, 1982; 47 FR 2986, Jan. 21, 1982. Redesignated at 53 FR 24667, June 29, 1988, and amended at 54 FR 27643, June 30, 1989]

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).

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]

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 million.

(b) Methyl bromide is used to fumigate corn grits and cracked rice in the 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]

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-(phosphonomethyl)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.

Food Parts per million

Molasses, sugarcane 30.0

(2) Glyphosate [ N-(phosphonomethyl)glycine] and its metabolite aminomethylphosphonic acid resulting from the application of the isopropylamine salt of glyphosate for herbicidal purposes.

Food Parts per 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.

Food Parts per 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]

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:

Food Parts per million

Citrus oil 140

Prunes, dried 20.0

Raisins 20

[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]

185.3575 Hexazinone; tolerances for residues.

A food additive tolerance with regional registration, as defined in 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-(dimethyamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione) and its metabolites (calculated as hexazinone) in or on the following food commodity:

Commodity Parts per million

Sugarcane, molasses 0.5

[60 FR 26363, May 17, 1995]

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.

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 (2 E,4 E,)-3,7,11-trimethyl-2,4-dodecadienoate)] and [(S)-(Ethyl (2 E,4 E,)-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]

185.3650 Imazalil.

Tolerances are established for the combined residues of the fungicide imazalil 1-[2-(2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl]-1 H-imidazole and its metabolite 1-(2,4-dichlorophenyl)-2-(1 H-imidazole-1-yl)-1-ethanol in or on the following food commodity:

Food Parts per million

Citrus oil 25.0

[48 FR 28433, June 22, 1983. Redesignated at 53 FR 24667, June 29, 1988]

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.

(b) [Reserved]

(c) When the food additive is present in fermented malt beverages in accordance with 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]

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-methylethyl)-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:

Food Parts per 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]

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.

[60 FR 16053, Mar. 29, 1995]

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.

[43 FR 56040, Nov. 30, 1978. Redesignated at 53 FR 24667, June 29, 1988]

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.

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.

185.4000 Metalaxyl.

(a) A regulation is established permitting the combined residues of the fungicide metalaxyl [ N-(2,6-di-methylphenyl)-N-(methoxyacetyl) alanine methyl ester] and its metabolites containing the 2,6-dimethylaniline moiety, and N-(2-hydroxymethyl-6-methyl)- N-methoxyacetyl)-alanine methylester, each expressed as metalaxyl, in or on the following food commodities:

Food Parts per 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:

Food Parts per million

Barley, milling fractions 1.0

Oat milling fractions 1.0

Wheat, milling fractions 1.0

(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:

Food Parts per 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]

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.

(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.

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]

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]

185.4150 Methoprene.

(a) The insect growth regulator methoprene (isopropyl (E,E-11-methoxy-3,7,11-trimethyl-2,4-do-decadienoate)) is exempt from the requirement of a tolerance in potable water when used on pastures, rice fields, marshlands, and other noncrop areas to control floodwater mosquitoes.

(b) 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).

[40 FR 14156, Mar. 28, 1975. Redesignated at 41 FR 26568, June 28, 1976, and amended at 49 FR 48271, Dec. 12, 1984. Redesignated at 53 FR 24667, June 29, 1988, and amended at 59 FR 24060, May 10, 1994]

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.

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.

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.

185.4350 Myclobutanil.

Tolerances are established for combined residues of the fungicide myclobutanil [alpha-butyl-alpha-(4-chlorophenyl)-1 H-1,2,4-triazole-1-propanenitrile] and its metabolite alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-1 H-1,2,4-triazole-1-propanenitrile (free and bound) in or on the following food additive commodity:

Commodity Parts per million

Plums, dried 8.0

Raisins 10.0

[54 FR 6131, Feb. 8, 1989, as amended at 60 FR 21739, May 3, 1995]

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]

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(2 H)-pyridazinone) and its desmethyl metabolite (4-chloro-5-amino-2-(alpha, alpha, alpha-trifluoro- m-tolyl)-3(2 H)-pyridazinone) in dried hops at 3.0 parts per million when 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]

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.

185.4600 Oxyfluorfen.

A regulation is established permitting the combined residues of the herbicide oxyfluorfen [2-chloro-1-(3-ethoxy-4-nitro-phenoxy)-4-(trifluoromethyl)benzene] and its metabolites containing the diphenyl ether linkage in the following processed food when present therein as a result of application of the herbicide to growing crops:

Food commodity Part per million (ppm)

Cottonseed oil 0.25

Mint oil (peppermint and spearmint) 0.25

Soybean oil 0.25

[47 FR 1375, Jan. 13, 1982. Redesignated at 53 FR 24667, June 29, 1988]

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 syrup produced from the sap of treated maple trees does not contain in excess of 2 parts per million of formaldehyde.

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]

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.

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:

Food Parts per 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]

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 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 178.3730.

(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 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]

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-methylpyrimidin-4-yl) O,O-dimethyl phosphorothioate and, in free and conjugated forms, the metabolites 2-diethylamino-6-methyl-pyrimidin-4-ol, 2-ethylamino-6-methylpyrimidin-4-ol, and 2-amino-6-methylpyrimidin-4-ol in or on the following processed foods when present therein as a result of application to stored grains:

Food Parts 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-ethyl-amino-6-methylpyrimidine-4-yl)0,0-dimethylphosphorothioate and, in free and conjugated forms, the metabolites 2-diethylamino-6-methylpyrimidin-4-ol,2-ethylamino-6-methylpyrimidin-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]

185.5000 Propargite.

Tolerances are established for residues of the insecticide propargite (2-(p-tert-butylphenoxy)cyclohexyl 2-propynyl sulfite) in or on the following processed foods when present therein as a result of the application of this insecticide to growing crops:

Food Parts per million

Figs, dried 9

Hops, dried 30

Raisins 25

Tea, dried 10

[44 FR 38841, July 3, 1979. Redesignated at 53 FR 24667, June 29, 1988]

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]

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 package fumigant in or on dried prunes and glace 1 fruit. It is also intended as a fumigant in or on bulk quantities of cocoa, gums, processed spices, starch, and processed nutmeats (except peanuts) when such bulk foods are to be further processed into a final food form.

(b) Except in the fumigation of packaged dried prunes and glace 1 fruits, it is applied in fumigation chambers not more than one time at a temperature not in excess of 125F. The maximum period of fumigation shall not exceed 4 hours for cocoa, processed nutmeats (except peanuts), processed spices, and starch. 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:

FoodLimitations1

Cocoa 300.

Glace fruitD700 (as propylene glycol).

Gums 300.

Processed nutmeats (except peanuts) 300.

Prunes, driedD700 (as propylene glycol).

Spices, processed 300.

Starch 300.

____________

1. Expressed as parts per million of propylene oxide except

where noted.

(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, except glace 1 fruit and dried prunes, may be processed not more than one time for a period not to exceed 48 hours and at a temperature not to exceed 125 degrees 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 and 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]

185.5200 Pyrethrins.

The food additive pyrethrins may be safely used in accordance with the following prescribed conditions:

(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 185.4500.

(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 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.

(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]

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]

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 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]

185.5350 Simazine.

(a) Tolerances are established for residues of the herbicide simazine (2-chloro-4,6-bis(ethylamino)-s-triazine) or simazine and its metabolites 2-amino-4-chloro-6-ethylamino-s-triazine and 2,4-diamino-6-chloro-s-triazine as follows:

(1) 1 ppm for residues of simazine in sugarcane byproducts (molasses and syrup), resulting from application of the herbicide to the growing crop sugarcane.

(2) 0.01 ppm for combined residues of simazine and its metabolites (2-amino-4-chloro-6-ethylamino-s-triazine and 2,4-diamino-6-chloro- s-triazine) in potable water when present therein as a result of application of the herbicide to growing aquatic weeds.

(b) [Reserved]

[53 FR 9434, Mar. 23, 1988. Redesignated at 53 FR 24667, June 29, 1988]

185.5450 Tralomethrin.

Tolerances, to expire on November 15, 1997, are established for the combined residues of the insecticide tralomethrin ((S)- alpha-cyano-3-phenoxybenzyl-(1 R,3 S)-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 (1 R,3 R)-3-(2,2-dibromovinyl)-2,2-dimethylcyclopropanecarboxylate and (S)-alpha-cyano-3-phenoxybenzyl(1 S,3 R)-3-(2,2-dibromovinyl)-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:

Commodity Parts per million

Cottonseed oil 0.20

[50 FR 37846, Sept. 18, 1985. Redesignated at 53 FR 24667, June 29, 1988, and amended at 54 FR 27643, June 30, 1989; 60 FR 9785, Feb. 22, 1995]

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.

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]

185.5900 Trifluralin.

Tolerances are established for residues of the herbicide trifluralin in or on peppermint oil and spearmint oil at 2 parts per million when present therein as a result of application to the herbicide to the growing crops.

[59 FR 46769, Sept. 12, 1994]

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:

Food Parts per million

Hops, dried 60

[52 FR 39222, Oct. 21, 1987. Redesignated at 53 FR 24667, June 29, 1988]

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 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 barley, oats, rye.

1 part per million in the flours of barley, oats, rye, and wheat.

[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]

Subpart C-Food Additives Resulting From Contact With Containers or Equipment and Food Additives Otherwise Affecting Food

185.7000 Malathion.

Malathion may be safely used for the control of insects during the drying of grapes (raisins) in compliance with 185.3850 by incorporation into paper trays in amounts not exceeding 100 milligrams per square foot.

[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]