[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Proposed Rules]
[Pages 40170-40174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19327]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 153 and 180

[OPP-301026; FRL-6598-4]
RIN 2070-AB18


Pesticide Chemicals Not Requiring a Tolerance or an Exemption 
from a Tolerance; Rhodamine B; Revocation of Unlimited Tolerance 
Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to create a new subpart E in 40 CFR part 180. 
This subpart will be titled Pesticide Chemicals Not Requiring a 
Tolerance or an Exemption from a Tolerance. It will contain a list of 
the pesticide chemicals (including, as appropriate, their limitations 
and use patterns) for which the Agency has determined that neither a 
tolerance nor an exemption from the requirement of a tolerance is 
needed under the Federal Food Drug and Cosmetic Act (FFDCA). This 
document also proposes to revoke two unlimited tolerance exemptions for 
the inert ingredient Rhodamine B. These tolerance exemptions were 
established under Section 408 of the FFDCA, 21 U.S.C. 346a. EPA is 
proposing to revoke these tolerances because all food-use products 
containing Rhodamine B have been voluntarily cancelled. Concurrent with 
the revocation of the two unlimited tolerances for Rhodamine B, the 
Agency is also proposing to designate the use of the inert (other) 
ingredient Rhodamine B as a dye for seed treatment only, a use for 
which neither a tolerance nor an exemption from the requirement of a 
tolerance is needed. This determination is based on the Agency's review 
and evaluation of submitted data, which indicated that there was no 
uptake of Rhodamine B when used as a dye for seed treatment. The Agency 
is acting on its own initiative. These regulatory actions are part of 
the tolerance reassessment requirements of the Federal Food, Drug, and 
Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality 
Protection Act (FQPA) of 1996. By law, EPA is required to reassess 66% 
of the tolerances in existence on August 2, 1996, by August 2002, or 
about 6,400 tolerances. The regulatory actions proposed in this 
document, the proposed revocation of two tolerance exemptions, would be 
counted toward the August 2002 deadline.

DATES: Comments, identified by docket control number OPP-301026, must 
be received on or before October 1, 2001.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-301026 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
703-305-6304; fax number: 703-305-0599; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected categories and entities may include, but are not 
limited to:

------------------------------------------------------------------------
                                                 Examples of Potentially
             Categories                 NAICS       Affected Entities
------------------------------------------------------------------------
Industry                                    111  Crop production
                                            112  Animal production
                                            311  Food manufacturing
                                          32532  Pesticide manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes are provided to assist you and others in determining whether or 
not this action might apply to certain entities. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/. A frequently updated electronic 
version of 40 CFR parts 153 and 180 are available at: http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr153_00.html and 
http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr180_00.html, respectively, a beta site currently under 
development.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-301026. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in

[[Page 40171]]

those documents. The public version of the official record does not 
include any information claimed as CBI. The public version of the 
official record, which includes printed, paper versions of any 
electronic comments submitted during an applicable comment period, is 
available for inspection in the Public Information and Records 
Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson 
Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The PIRIB telephone number is (703) 
305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-301026 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-301026. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?

    1. The Agency is creating in 40 CFR part 180 a new subpart E to be 
entitled Pesticide Chemicals Not Requiring a Tolerance or an Exemption 
from a Tolerance
    Under the Federal Food, Drug, and Cosmetic Act (FFDCA), the Agency 
regulates pesticide chemicals in food by establishing tolerances or 
exemptions from the requirement of a tolerance. A pesticide chemical 
needs a tolerance or an exemption from the requirement of a tolerance 
if the pesticide is used in a manner which has a reasonable likelihood 
of producing residues in food. In practice, EPA presumes that a 
pesticide used on, in, or near growing crops, livestock or food has a 
reasonable likelihood of resulting in residues in or on food. However, 
there are instances when a pesticide chemical requires neither a 
tolerance nor an exemption from the requirement of a tolerance. These 
chemicals and uses have not been listed in 40 CFR part 180. However, to 
insure consistent treatment of such chemicals, EPA has decided to 
create this new subpart to contain these chemicals.
    One of the uses of this new subpart will be to list pesticide 
chemicals that qualify under EPA's ``Threshold of Regulation Policy - 
Deciding Whether a Pesticide with a Food-Use Pattern Needs a 
Tolerance'' as announced in the Federal Register of October 27, 1999, 
(64 FR 57881) (FRL-6388-2). Under this policy, a tolerance or tolerance 
exemption is generally not needed if: (a) using a reliable and 
appropriately sensitive analytical method to measure residues in the 
commodity, no residues are detected in the commodity under expected 
conditions of use; and (b) using reasonably protective criteria, the 
estimated potential risk of any theoretically possible residues in food 
is not of concern.
    Another of the uses of this subpart will be to list pesticide 
chemicals that are actually used in or on food crops, but that have 
been determined to not have a reasonable likelihood of producing 
residues in food (generally referred to as a ``non-food use''). An 
example of such a use would be inert ingredients such as dyes that are 
used in seed treatments. The determination that a seed treatment use is 
non-food is generally made after reviewing the results of a radio-
labeled magnitude of the residue (uptake) study that can confirm that 
residues of the pesticide chemical will not be present at levels 
greater than 5 parts per billion (ppb).
    Since seed treatment dyes can be included in this new subpart, 
minor revisions to 40 CFR 153.155(c) are also proposed. This section 
currently specifies that dyes used in seed treatment are contained in 
40 CFR 180.1001 (c) and (d), and thus requires modifications to include 
the seed treatment uses that could be included in the proposed subpart 
E.
    2. With the establishment of the new subpart E, EPA is proposing 
two amendments to its tolerance regulations. First, on its own 
initiative, the Agency is proposing that 40 CFR 180.1001 be amended by 
deleting in paragraphs (c) and (e) the current exemption from the 
requirement of a tolerance without limitation for residues of Rhodamine 
B (CAS No. 81-88-9). Second, again on its own initiative, EPA is 
proposing to

[[Page 40172]]

establish in the newly created subpart E the use of Rhodamine B as a 
dye for seed treatment only.

B. What is the Agency's Authority for Taking this Action?

    This proposed rule is issued pursuant to section 408(e) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e), as 
amended by the Food Quality Protection Act of 1996 (FQPA) (Public Law 
104-170). Section 408(e) of FFDCA authorizes EPA to establish, modify, 
or revoke tolerances, and exemptions from the requirement of a 
tolerance for residues of pesticide chemicals in or on raw agricultural 
commodities and processed foods. Without a tolerance or tolerance 
exemption, food containing pesticide residues is considered to be 
unsafe and therefore ``adulterated`` under section 402(a) of the FFDCA. 
If food containing pesticide residues is found to be adulterated, the 
food may not be distributed in interstate commerce (21 U.S.C. 331(a) 
and 342(a).
    For a pesticide to be sold and distributed, the pesticide must not 
only have the appropriate tolerances or tolerance exemptions under 
FFDCA, but also must be registered with EPA under section 3 or section 
24 or approved by EPA under section 5 or section 18 (for a specific use 
pattern) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended by FQPA (7 U.S.C. 136 et. seq.) Registration is a 
licensing process in which EPA evaluates each proposed product, its 
uses, and its labeling to determine whether it meets the standard for 
registration in FIFRA. That standard states that, for a registration to 
be approved, EPA must determine that the pesticide product, when used 
in accordance with its intended uses and with widespread and commonly 
recognized practice, will not cause unreasonable adverse effects on the 
environment.

C. When do These Actions Become Effective?

    EPA proposes that these actions become effective immediately 
following publication of the final rule in the Federal Register. The 
information available to the Agency indicates that all non-seed 
treatment food-use products containing Rhodamine B have been 
voluntarily canceled or reformulated using inert ingredients other than 
Rhodamine B. EPA believes that at the time of publication of the final 
rule in the Federal Register all existing stocks of non-seed treatment 
Rhodamine B products will have been exhausted for some time. Therefore, 
EPA believes the effective date proposed in this document should be 
reasonable. However, if EPA is presented with information that existing 
stocks would still be available for use after the expiration date and 
that information is verified, EPA will consider extending the 
expiration date of the tolerance exemption. If you have comments 
regarding existing stocks and whether the effective date accounts for 
these stocks, please submit comments as described under SUPPLEMENTARY 
INFORMATION.

D. What Is the Contribution to Tolerance Reassessment?

    By law, EPA is required to reassess 66% or about 6,400 of the 
tolerances in existence on August 2, 1996, by August 2002. This 
proposed rule proposes to revoke two tolerance exemptions. Therefore, 
upon publication of the final rule, two tolerance reassessments will be 
counted toward the August 2002 review deadline of FFDCA section 408(q), 
as amended by FQPA in 1996.

III. Background of Use of Rhodamine B as a Dye for Seed-Treatment

    Rhodamine B (xanthylium, 9-(2-carboxyphenyl)-3,6-bis(diethylamino)-
,chloride, or Violet 10, or D&C Red No. 19) is a List 1 inert 
ingredient. The criteria used to place chemicals on List 1 were 
carcinogenicity; adverse reproductive effects, neurotoxicity or other 
chronic effects, or developmental toxicity. These effects should have 
been demonstrated in laboratory or human studies and the data subject 
to peer review. Rhodamine B is a carcinogen, and therefore met one of 
the criteria for classification as a List 1 inert ingredient.
    A Data Call-In (DCI) Notice was issued in February 1993 requiring 
that registrants whose products contained Rhodamine B generate 
additional data to support continued registration of their products. In 
response to the 1993 DCI the Rhodamine B Seed Treatment Coalition was 
formed by member companies Gustafson LLC; Pioneer Hi-Bred 
International; Platte Chemical Co. Inc.; Trace Chemical Co. Inc.; 
Uniroyal Chemical Co., Inc; and Wilbur-Ellis Co. The Coalition's 
objective was to support the use of Rhodamine B for use as a dye for 
seed treatment only. Seed treatment dyes are used to distinguish 
pesticide-treated seeds that are sold/distributed in commerce from 
seeds used as food for humans or feed for animals. Generally the Agency 
assumes that a seed treatment use is a food-use, that is, the use is 
likely to result in residues in or on food.
    The members of the Rhodamine B Seed Treatment Coalition submitted 
to the Agency a radiolabeled magnitude of the residue study in which 
Rhodamine B was used to dye seeds that were then planted and grown to 
harvest. The radiolabeled Rhodamine B was applied to the treated seed 
at both the proposed use rate and twice the proposed use rate. The 
Agency's review and evaluation of the study indicated that any residues 
of Rhodamine B present in the harvested edible portions of the food/
feed would be at levels less than 1 ppb. This is less than the 5 ppb 
level that is generally used to define ``no uptake of residues''or a 
non-food use. Since there was no uptake of Rhodamine B in a 
radiolabeled residue study, there is no reasonable expectation of 
finite residues of Rhodamine B in food or feed crops resulting from the 
use of Rhodamine B as a dye in seed treatment. The Agency concludes 
that Rhodamine B when used as a dye in seed treatment is a non-food 
use, that is, the use is not likely to result in residues in food or 
feed. Therefore, neither a tolerance nor a tolerance exemption is 
needed.
    Previously all dyes used in seed treatments were listed in 40 CFR 
180.1001(c) and (d), which are listings of food-use inert ingredients 
that are exempted from the requirement of a tolerance. However, the 
determination that Rhodamine B when used as a seed treatment is 
unlikely to result in residues in food/feed, means that neither a 
tolerance nor a tolerance exemption is required. Previously, these 
chemicals and uses would not have been listed in 40 CFR part 180. 
However, to insure consistent treatment of such chemicals, EPA has 
decided to create subpart E to contain these chemicals and immediately 
populate the subpart with Rhodamine B with a limitation for use as a 
dye for seed treatment only.

IV. Regulatory Assessment Requirements

    The Office of Management and Budget (OMB) has exempted these types 
of actions from review Under Executive Order 12866, entitled Regulatory 
Planning and Review (58 FR 51735, October 4, 1993), this action is not 
a ``significant regulatory action'' subject to review by the Office of 
Management and Budget (OMB).
    This proposed rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq., or impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Public Law 104-4). Nor does it require

[[Page 40173]]

any special considerations under Executive Order 12898, entitled 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994); 
or OMB review or any Agency action under Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (NTTAA), 
Public Law 104-113, section 12(d) (15 U.S.C. 272 note).
    This proposed rule establishes a new subpart in the Code of Federal 
Regulations. Under section 605(b) of the Regulatory Flexibility Act 
(RFA) (5 U.S.C. 601 et seq.), the Agency hereby certifies that the 
proposed action to reorganize 40 CFR part 180 will not have significant 
negative economic impact on a substantial number of small entities. 
Creating a new subpart does not have a substantive effect and hence 
causes no impact.
    This proposed rule also revokes two tolerance exemptions, and 
establishes the use of Rhodamine B as a dye for seed treatment only. 
The revoked tolerance exemptions apply to pesticide products that have 
been voluntarily canceled or reformulated using inert ingredients other 
than Rhodamine B. EPA expects that any existing stocks of these 
products have been exhausted for some time. Pursuant to the Regulatory 
Flexibility Act, the Agency previously assessed whether revocations of 
tolerances or tolerance exemptions might significantly impact a 
substantial number of small entities and concluded that, as a general 
matter, these actions do not impose a significant economic impact on a 
substantial number of small entities. This analysis was published on 
December 17, 1997 (62 FR 66020), and was provided to the Chief Counsel 
for Advocacy of the Small Business Administration. Taking into account 
this analysis, and available information concerning the pesticide 
chemical (inert ingredient) listed in this rule, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities. Furthermore, the Agency knows of no 
extraordinary circumstances that exist as to the present revocation 
that would change EPA's previous analysis. Generally, when considering 
an active ingredient, as per the 1997 notice, EPA would review its 
available data on imports and foreign pesticide usage. These data bases 
(which focus on active ingredients) would then be used, as appropriate, 
to conclude that there is a reasonable international supply of food not 
treated with the canceled pesticide. Because these data are less 
readily available for inert ingredients, the finding for Rhodamine B is 
based primarily on the fact that the chemical has been replaced in U.S. 
registered pesticide products that previously contained Rhodamine B 
(except for seed treatments). Most likely, Rhodamine B has also been 
replaced in pesticides sold and used in foreign countries exporting 
food products to the United States. Given that Rhodamine B is a dye, 
and that substitution of one dye for another in pesticide products does 
not usually require a significant amount of reformulation effort, it 
remains appropriate to conclude that there is a reasonable 
international supply of food not treated with Rhodamine B.
    In addition, the Agency has determined that this action will not 
have a substantial direct effect on States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132, entitled Federalism (64 FR 43255, 
August 10, 1999). Executive Order 13132 requires EPA to develop an 
accountable process to ensure ``meaningful and timely input by State 
and local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This final rule directly regulates growers, food 
processors, food handlers and food retailers, not States. This proposed 
rule does not affect States directly. This action does not alter the 
relationships or distribution of power and responsibilities established 
by Congress in the preemption provisions of FFDCA section 408(n)(4).
    For these same reasons, the Agency has determined that this rule 
does not have any ``tribal implications'' as described in Executive 
Order 13175, entitled Consultation and Coordination with Indian Tribal 
Governments (65 FR 67249, November 6, 2000). Executive Order 13175, 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.'' This rule will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

List of Subjects in 40 CFR Parts 153 and 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


    Dated: June 19, 2001.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.


    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 153--[AMENDED]

    1. The authority citation for part 153 would continue to read as 
follows:

    Authority: 7 U.S.C. 136 et. seq.

    2. Section 153.155(c) is revised to read as follows.


Sec.  153.155  Seed treatment products.

* * * * *
    (c) EPA-approved dyes for seed treatment are listed in:
    (1) Section 180.1001(c) and (d) if an exemption from the 
requirement of a tolerance has been established.
    (2) Section 180.2010 if EPA has determined that residues of the dye 
will be present, if at all, at levels that are below the threshold of 
regulation.
    (3) Section 180.2020 if EPA has determined that no tolerance or 
exemption from the requirement of a tolerance is needed as a result of 
a determination by EPA that the use is unlikely to result in residues 
in food/feed.

PART 180--[AMENDED]

    1. The authority citation for part 180 would continue to read as 
follows:

    Authority: 21 U.S.C. 321(q), 346(a) and 371.


[[Page 40174]]




Sec. 180.1001    [Amended]

    2. In Sec. 180.1001 the tables in paragraphs (c) and (e) are 
amended by removing the entry for ``Rhodamine B''.
    3. Part 180 is amended by adding new subpart E, entitled `` 
Pesticide Chemicals Not Requiring a Tolerance or an Exemption from a 
Tolerance'' to read as follows:

Subpart E--Pesticide Chemicals Not Requiring a Tolerance or an 
Exemption from a Tolerance

Sec.
180.2000  Scope.
180.2003  Definitions.
180.2010  Threshold of regulation determinations. [Reserved]
180.2020  Non-food determinations.


Sec. 180.2000  Scope.

    This subpart sets forth the pesticide chemicals for use in 
agricultural or other food-related settings for which neither a 
tolerance nor an exemption is deemed to be needed by EPA.


Sec. 180.2003  Definitions.

    (a) ``Food uses'' are the uses of a pesticide chemical that are 
likely to yield residues in food or feed crops, meat, milk, poultry or 
eggs.
    (b) ``Non-food uses'' are those uses that are not likely to yield 
residues in food or feed crops, meat, milk, poultry or eggs.


Sec. 180.2010  Threshold of regulation determinations. [Reserved]


Sec. 180.2020  Non-food determinations.

    The following pesticide chemical uses do not need a tolerance or 
exemption from the requirement of a tolerance based on EPA's 
determination that they do not result in residues in or on food.

----------------------------------------------------------------------------------------------------------------
           Pesticide Chemical              CAS Reg. No.             Limits                       Uses
----------------------------------------------------------------------------------------------------------------
Rhodamine B                                      81-88-9  Not to exceed 2% by weight  dye for seed treatment
                                                           of the formulated product
                                                           and 60 ppm on the treated
                                                           seed..
----------------------------------------------------------------------------------------------------------------


[FR Doc. 01-19327 Filed 8-1-01; 8:45 a.m.]
BILLING CODE 6560-50-S