';


Title 40 Part 174

Title 40 → Chapter I → Subchapter E → Part 174

Electronic Code of Federal Regulations e-CFR

Title 40 Part 174

e-CFR data is current as of December 4, 2019

Title 40Chapter ISubchapter E → Part 174


Title 40: Protection of Environment


PART 174—PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS


Contents

Subpart W—Tolerances and Tolerance Exemptions

§174.500   Scope and purpose.
§174.501   Bacillus thuringiensis Vip3Aa protein in corn and cotton; exemption from the requirement of a tolerance.
§174.502   Bacillus thuringiensis Cry1A.105 protein; exemption from the requirement of a tolerance.
§174.504   Bacillus thuringiensis Cry1F protein; exemption from the requirement of a tolerance.
§174.505   Bacillus thuringiensis modified Cry3A protein (mCry3A) in corn; exemption from the requirement of a tolerance.
§174.506   Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins in corn; exemption from the requirement of a tolerance.
§174.507   Nucleic acids that are part of a plant-incorporated protectant; exemption from the requirement of a tolerance.
§174.508   Pesticidal substance from sexually compatible plant; exemption from the requirement of a tolerance.
§174.509   Bacillus thuringiensis Cry3A protein; exemption from the requirement of a tolerance.
§174.510   Bacillus thuringiensis Cry1Ac protein in all plants; exemption from the requirement of a tolerance.
§174.511   Bacillus thuringiensis Cry1Ab protein in all plants; exemption from the requirement of a tolerance.
§174.512   Coat Protein of Potato Virus Y; exemption from the requirement of a tolerance.
§174.513   Potato Leaf Roll Virus Resistance Gene (also known as orf1/orf2 gene); exemption from the requirement of a tolerance.
§174.514   Coat Protein of Watermelon Mosaic Virus-2 and Zucchini Yellow Mosaic Virus; exemption from the requirement for a tolerance.
§174.515   Coat Protein of Papaya Ringspot Virus; exemption from the requirement of a tolerance.
§174.516   Coat protein of cucumber mosaic virus; exemption from the requirement of a tolerance.
§174.517   Bacillus thuringiensis Cry9C protein in corn; exemption from the requirement of a tolerance.
§174.518   Bacillus thuringiensis Cry3Bb1 protein in corn; exemption from the requirement of a tolerance.
§174.519   Bacillus thuringiensis Cry2Ab2 protein; exemption from the requirement of a tolerance.
§174.521   Neomycin phosphotransferase II; exemption from the requirement of a tolerance.
§174.522   Phosphinothricin Acetyltransferase (PAT); exemption from the requirement of a tolerance.
§174.523   CP4 Enolpyruvylshikimate-3-phosphate (CP4 EPSPS) synthase in all plants; exemption from the requirement of a tolerance.
§174.524   Glyphosate Oxidoreductase GOX or GOXv247 in all plants; exemption from the requirement of a tolerance.
§174.525   E. coli B-D-glucuronidase enzyme as a plant-incorporated protectant inert ingredient; exemption from the requirement of a tolerance.
§174.526   Hygromycin B phosphotransferase (APH4) marker protein in all plants; exemption from the requirement of a tolerance.
§174.527   Phosphomannose isomerase in all plants; exemption from the requirement of a tolerance.
§174.529   Bacillus thuringiensis modified Cry1Ab protein as identified under OECD Unique Identifier SYN-IR67B-1 in cotton; exemption from the requirement of a tolerance.
§174.530   Bacillus thuringiensis Cry2Ae protein in cotton; exemption from the requirement of a tolerance.
§174.531   Coat protein of plum pox virus; exemption from the requirement of a tolerance.
§174.532   Bacillus thuringiensis eCry3.1Ab protein in corn; exemption from the requirement of a tolerance.
§174.533   Glycine max Herbicide-Resistant Acetolactate Synthase (GM-HRA) inert ingredient; exemption from the requirement of a tolerance.
§174.534   VNT1 protein; exemption from the requirement of a tolerance.
§174.535   Spinach Defensin proteins; temporary exemption from the requirement of a tolerance.
§174.536   Bacillus thuringiensis mCry51Aa2 protein in cotton; temporary exemption from the requirement of a tolerance.
§174.537   HPPD-4 protein; exemption from the requirement of a tolerance.
§174.538   Bacillus thuringiensis Cry14Ab-1 protein in soybean; temporary exemption from the requirement of a tolerance.
§174.539   Cry51Aa2.834_16 protein; exemption from the requirement of a tolerance.

Subparts Y-Z [Reserved]


Authority: 7 U.S.C. 136-136y; 21 U.S.C. 321(q), 346a and 371.

Source: 66 FR 37814, July 19, 2001, unless otherwise noted.

return arrow Back to Top

Subpart A—General Provisions

§174.1   Scope and purpose.

The characteristics of plant-incorporated protectants such as their production and use in plants, their biological properties, and their ability to spread and increase in quantity in the environment distinguish them from traditional chemical pesticides. Therefore, plant-incorporated protectants are subject to some different regulatory requirements and procedures than traditional chemical pesticides. This part sets forth regulatory requirements, criteria, and procedures applicable to plant-incorporated protectants under FIFRA and FFDCA. When applied to plant-incorporated protectants, the definitions and regulations in this part supersede the regulations found in parts 150 through 180 of this chapter to the extent that the regulations conflict. Unless otherwise superseded by this part, the regulations in parts 150 through 180 of this chapter apply to plant-incorporated protectants.

return arrow Back to Top

§174.3   Definitions.

Terms used in this part have the same meaning as in FIFRA. In addition, the following terms have the meaning set forth in this section.

Active ingredient means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for the production of such a pesticidal substance.

Administrator means the Administrator of the United States Environmental Protection Agency or his/her delegate.

Bridging crosses between plants means the utilization of an intermediate plant in a cross to produce a viable zygote between the intermediate plant and a first plant, in order to cross the plant resulting from that zygote with a third plant that would not otherwise be able to produce viable zygotes from the fusion of its gametes with those of the first plant. The result of the bridging cross is the mixing of genetic material of the first and third plant through the formation of an intermediate zygote.

Cell fusion means the fusion in vitro of two or more cells or protoplasts.

Conventional breeding of plants means the creation of progeny through either: The union of gametes, i.e., syngamy, brought together through processes such as pollination, including bridging crosses between plants and wide crosses, or vegetative reproduction. It does not include use of any of the following technologies: Recombinant DNA; other techniques wherein the genetic material is extracted from an organism and introduced into the genome of the recipient plant through, for example, micro-injection, macro-injection, micro-encapsulation; or cell fusion.

EPA means the United States Environmental Protection Agency.

Exudate means a substance gradually discharged or secreted across intact cellular membranes or cell walls and present in the intercellular spaces or on the exterior surfaces of the plant.

FFDCA means the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.).

FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et seq.).

Food includes articles used for food or drink by humans or other animals.

Food plant means a plant which either in part or in toto, is used as food.

Genetic material necessary for the production means both: Genetic material that encodes a substance or leads to the production of a substance; and regulatory regions. It does not include noncoding, nonexpressed nucleotide sequences.

Genome means the sum of the heritable genetic material in the plant, including genetic material in the nucleus and organelles.

In a living plant means inside the living plant, on the surface of the living plant, or as an exudate from the living plant.

Inert ingredient, means any substance, such as a selectable marker, other than the active ingredient, where the substance is used to confirm or ensure the presence of the active ingredient, and includes the genetic material necessary for the production of the substance, provided that genetic material is intentionally introduced into a living plant in addition to the active ingredient.

Living plant means a plant, plant organ, or plant part that is alive, viable, or dormant. Examples of plant parts include, but are not limited to, seeds, fruits, leaves, roots, stems, flowers, and pollen.

Noncoding, nonexpressed nucleotide sequences means the nucleotide sequences are not transcribed and are not involved in gene expression. Examples of noncoding, nonexpressed nucleotide sequences include, but are not limited to, linkers, adapters, homopolymers, and sequences of restriction enzyme recognition sites.

Nucleic acids means ribosides or deoxyribosides of adenine, thymine, guanine, cytosine, and uracil; polymers of the deoxyribose-5′-monophosphates of thymine, cytosine, guanine, and adenine linked by successive 3′-5′ phosphodiester bonds (also known as deoxyribonucleic acid); and polymers of the ribose-5′-monophosphates of uracil, cytosine, guanine, and adenine linked by successive 3′-5′ phosphodiester bonds (also known as ribonucleic acid). The term does not apply to nucleic acid analogues (e.g., dideoxycytidine), or polymers containing nucleic acid analogues.

Pesticidal substance, means a substance that is intended to be produced and used in a living plant, or in the produce thereof, for a pesticidal purpose, during any part of a plant's life cyle (e.g., in the embryo, seed, seedling, mature plant).

Plant, for plant-incorporated protectants, means an organism classified using the 5-kingdom classification system of Whittaker in the kingdom Plantae. This includes, but is not limited to, bryophytes such as mosses, pteridophytes such as ferns, gymnosperms such as conifers, and angiosperms such as most major crop plants.

Plant-incorporated protectant means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for production of such a pesticidal substance. It also includes any inert ingredient contained in the plant, or produce thereof.

Produce thereof, when used with respect to plants containing plant- incorporated protectants only, means a product of a living plant containing a plant-incorporated protectant, where the pesticidal substance is intended to serve a pesticidal purpose after the product has been separated from the living plant. Examples of such products include, but are not limited to, agricultural produce, grains, and lumber. Products such as raw agricultural commodities bearing pesticide chemical residues are not “produce thereof” when the residues are not intended to serve a pesticidal purpose in the produce.

Recipient plant means the living plant in which the plant-incorporated protectant is intended to be produced and used.

Recombinant DNA means the genetic material has been manipulated in vitro through the use of restriction endonucleases and/or other enzymes that aid in modifying genetic material, and subsequently introduced into the genome of the plant.

Regulatory region means genetic material that controls the expression of the genetic material that encodes a pesticidal substance or leads to the production of a pesticidal substance. Examples of regulatory regions include, but are not limited to, promoters, enhancers, and terminators.

Sexually compatible, when referring to plants, means a viable zygote is formed only through the union of two gametes through conventional breeding.

Source means the donor of the genetic material that encodes a pesticidal substance or leads to the production of a pesticidal substance.

Vegetative reproduction means either:

(1) In seed plants, reproduction by apomixis, or

(2) In other plants, reproduction by fragmentation, or division of the somatic body.

Wide crosses means to facilitate the formation of viable zygotes through the use of surgical alteration of the plant pistil, bud pollination, mentor pollen, immunosuppressants, in vitro fertilization, pre-pollination and post-pollination hormone treatments, manipulation of chromosome numbers, embryo culture, or ovary and ovule cultures.

return arrow Back to Top

§174.9   Confidential business information claims for plant-incorporated protectant submissions.

Although it is strongly recommended that the submitter minimize the amount of data and other information claimed as Confidential Business Information (CBI), a submitter may assert a claim of confidentiality for all or part of the information submitted to EPA in a submission for a plant-incorporated protectant. (See part 2, subpart B of this chapter.) To assert such a claim, the submitter must comply with all of the following procedures:

(a) Any claim of confidentiality must accompany the information at the time the information is submitted to EPA. Failure to assert a claim at that time constitutes a waiver of confidentiality for the information submitted, and the information may be made available to the public, subject to section 10(g) of FIFRA, with no further notice to the submitter.

(b) Any claim of confidentiality must be accompanied, at the time the claim is made, by comments substantiating the claim and explaining why the submitter believes that the information should not be disclosed. The submitter must address each of the points listed in §2.204(e)(4) of this chapter in the substantiation. EPA will consider incomplete all plant-incorporated protectant submissions containing information claimed as CBI that are not accompanied by substantiation, and will suspend any applicable review of such submissions until the required substantiation is provided.

return arrow Back to Top

Subpart B—Exemptions

§174.21   General qualifications for exemptions.

A plant-incorporated protectant is exempt from the requirements of FIFRA, other than the requirements of §174.71, if it meets all of the following criteria:

(a) The plant-incorporated protectant meets the criteria listed in at least one of the sections in §§174.25 through 174.50.

(b) When the plant-incorporated protectant is intended to be produced and used in a crop used as food, the residues of the plant-incorporated protectant are either exempted from the requirement of a tolerance under FFDCA (as amended, 21 U.S.C. 321 et seq.) as codified at §§174.507 through 174.508, or no tolerance would otherwise be required for the plant-incorporated protectant.

(c) Any inert ingredient that is part of the plant-incorporated protectant is on the list codified at §174.705. Plant-incorporated protectants that are not exempt from the requirements of FIFRA under this subpart are subject to all the requirements of FIFRA.

[66 FR 37814, July 19, 2001, as amended at 72 FR 20434, Apr. 25, 2007]

return arrow Back to Top

§174.25   Plant-incorporated protectant from sexually compatible plant.

A plant-incorporated protectant is exempt if all of the following conditions are met:

(a) The genetic material that encodes the pesticidal substance or leads to the production of the pesticidal substance is from a plant that is sexually compatible with the recipient plant.

(b) The genetic material has never been derived from a source that is not sexually compatible with the recipient plant.

return arrow Back to Top

Subpart C—Registration Procedures and Requirements [Reserved]

Subpart D—Monitoring and Recordkeeping

§174.71   Submission of information regarding adverse effects.

(a) Any person who produces, for sale or distribution, a plant-incorporated protectant exempt under subpart B of this part, who obtains any information regarding adverse effects on human health or the environment alleged to have been caused by the plant-incorporated protectant must submit such information to EPA. This requirement does not apply to any person who does not produce a plant-incorporated protectant exempt under subpart B of this part. This may include, for example, researchers performing field experiments, breeders making crosses among plant varieties with the goal of developing new plant varieties, or a person who only sells propagative materials (e.g., seed) to farmers without producing the propagative materials themselves. EPA must receive the report within 30 calendar days of the date the producer first possesses or knows of the information.

(b) Adverse effects on human health or the environment for purposes of plant-incorporated protectant means at a minimum information about incidents affecting humans or other nontarget organisms where both:

(1) The producer is aware, or has been informed, that a person or nontarget organism allegedly suffered a toxic or adverse effect due to exposure to (e.g., ingestion of) a plant-incorporated protectant.

(2) The producer has or could reasonably obtain information concerning where the incident occurred.

(c) All of the following information, if available, must be included in a report.

(1) Name of reporter, address, and telephone number.

(2) Name, address, and telephone of contact person (if different than reporter).

(3) Description of incident.

(4) Date producer became aware of incident.

(5) Date of incident.

(6) Location of incident.

(d) Reports and questions should be submitted to the Office of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b).

[66 FR 37814, July 19, 2001, as amended at 71 FR 35546, June 21, 2006]

return arrow Back to Top

Subparts E-F [Reserved]

Subpart G—Labeling [Reserved]

Subpart H—Data Requirements [Reserved]

Subpart I [Reserved]

Subpart J—Good Laboratory Practices [Reserved]

Subpart K—Export Requirements [Reserved]

Subparts L-T [Reserved]

Subpart U—Experimental Use Permits [Reserved]

Subpart V [Reserved]

Subpart W—Tolerances and Tolerance Exemptions

§174.500   Scope and purpose.

This subpart lists the tolerances and exemptions from the requirement of a tolerance for residues of plant-incorporated protectants in or on food commodities.

[72 FR 20434, Apr. 25, 2007]

return arrow Back to Top

§174.501   Bacillus thuringiensis Vip3Aa protein in corn and cotton; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis Vip3Aa proteins in or on corn or cotton are exempt from the requirement of a tolerance when used as plant-incorporated protectants in or on the food and feed commodities of corn; corn, field; corn, sweet; corn, pop; and cotton; cotton, undelinted seed; cotton, refined oil; cotton, meal; cotton, hay; cotton, hulls; cotton, forage; and cotton, gin byproducts.

[73 FR 45624, Aug. 6, 2008]

return arrow Back to Top

§174.502   Bacillus thuringiensis Cry1A.105 protein; exemption from the requirement of a tolerance.

(a) Residues of Bacillus thuringiensis Cry1A.105 protein in or on the food and feed commodities of corn; corn, field, flour; corn, field, forage; corn, field, grain; corn, field, grits; corn, field, meal; corn, field, refined oil; corn, field, stover; corn, sweet, forage; corn, sweet, kernel plus cob with husk removed; corn, sweet, stover; and corn, pop, grain and corn, pop, stover are exempt from the requirement of a tolerance when the Bacillus thuringiensis Cry1A.105 protein is used as a plant-incorporated protectant in these food and feed corn commodities.

(b) Residues of Bacillus thuringiensis Cry1A.105 protein in or on soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in the food and feed commodities of soybean.

[74 FR 39543, Aug. 7, 2009, as amended at 80 FR 25950, May 6, 2015]

return arrow Back to Top

§174.504   Bacillus thuringiensis Cry1F protein; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis Cry1F protein in the food and feed commodities of corn, field; corn, sweet; corn, pop; cotton; and soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in corn, field; corn, sweet; corn, pop; cotton, and soybean.

[79 FR 8295, Feb. 12, 2014]

return arrow Back to Top

§174.505   Bacillus thuringiensis modified Cry3A protein (mCry3A) in corn; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis modified Cry3A protein (mCry3A) in corn are exempt from the requirement of a tolerance when used as plant-incorporated protectant in the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop.

[72 FR 20434, Apr. 25, 2007]

return arrow Back to Top

§174.506   Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins in corn; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins in corn are exempted from the requirement of a tolerance when used as plant-incorporated protectants in the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop.

[72 FR 20434, Apr. 25, 2007]

return arrow Back to Top

§174.507   Nucleic acids that are part of a plant-incorporated protectant; exemption from the requirement of a tolerance.

Residues of nucleic acids that are part of a plant-incorporated protectant are exempt from the requirement of a tolerance.

[66 FR 37830, July 19, 2001. Redesignated at 72 FR 20434, April 25, 2007]

return arrow Back to Top

§174.508   Pesticidal substance from sexually compatible plant; exemption from the requirement of a tolerance.

Residues of a pesticidal substance that is part of a plant-incorporated protectant from a sexually compatible plant are exempt from the requirement of a tolerance if all the following conditions are met:

(a) The genetic material that encodes for the pesticidal substance or leads to the production of the pesticidal substance is from a plant that is sexually compatible with the recipient food plant.

(b) The genetic material has never been derived from a source that is not sexually compatible with the recipient food plant.

(c) The residues of the pesticidal substance are not present in food from the plant at levels that are injurious or deleterious to human health.

[66 FR 37854, July 19, 2001. Redesignated at 72 FR 20434, April 25, 2007]

return arrow Back to Top

§174.509   Bacillus thuringiensis Cry3A protein; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis Cry3A protein are exempted from the requirement of a tolerance when used as a plant-incorporated protectant in potatoes.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.510   Bacillus thuringiensis Cry1Ac protein in all plants; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis Cry1Ac protein in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectants in all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.511   Bacillus thuringiensis Cry1Ab protein in all plants; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis Cry1Ab protein in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectants in all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.512   Coat Protein of Potato Virus Y; exemption from the requirement of a tolerance.

Residues of Coat Protein of Potato Virus Y are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.513   Potato Leaf Roll Virus Resistance Gene (also known as orf1/orf2 gene); exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance is established for residues of the plant-incorporated protectant Potato Leaf Roll Virus Resistance Gene (also known as orf1/orf2 gene) in or on all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.514   Coat Protein of Watermelon Mosaic Virus-2 and Zucchini Yellow Mosaic Virus; exemption from the requirement for a tolerance.

Residues of Coat Protein of Watermelon Mosaic Virus-2 and Zucchini Yellow Mosaic Virus are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.515   Coat Protein of Papaya Ringspot Virus; exemption from the requirement of a tolerance.

Residues of Coat Protein of Papaya Ringspot Virus are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.516   Coat protein of cucumber mosaic virus; exemption from the requirement of a tolerance.

Residues of Coat Protein of Cucumber Mosaic Virus are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in or on all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.517   Bacillus thuringiensis Cry9C protein in corn; exemption from the requirement of a tolerance.

The plant-incorporated protectant Bacillus thuringiensis Cry9C protein in corn is exempted from the requirement of a tolerance for residues, only in corn used for feed; as well as in meat, poultry, milk, or eggs resulting from animals fed such feed.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.518   Bacillus thuringiensis Cry3Bb1 protein in corn; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis Cry3Bb1 protein in corn are exempt from the requirement of a tolerance when used as plant-incorporated protectants in the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.519   Bacillus thuringiensis Cry2Ab2 protein; exemption from the requirement of a tolerance.

(a) Residues of Bacillus thuringiensis Cry2Ab2 protein in or on corn or cotton are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in the food and feed commodities of corn; corn, field; corn, sweet; corn, pop; and cotton seed, cotton oil, cotton meal, cotton hay, cotton hulls, cotton forage, and cotton gin byproducts.

(b) Residues of Bacillus thuringiensis Cry2Ab2 protein in or on soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in the food and feed commodities of soybean.

[80 FR 25604, May 5, 2015]

return arrow Back to Top

§174.521   Neomycin phosphotransferase II; exemption from the requirement of a tolerance.

Residues of the neomycin phosphotransferase II (NPTII) enzyme are exempted from the requirement of a tolerance in all food commodities when used as a plant-incorporated protectant inert ingredient.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.522   Phosphinothricin Acetyltransferase (PAT); exemption from the requirement of a tolerance.

Residues of the Phosphinothricin Acetyltransferase (PAT) enzyme are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.523   CP4 Enolpyruvylshikimate-3-phosphate (CP4 EPSPS) synthase in all plants; exemption from the requirement of a tolerance.

Residues of the CP4 Enolpyruvylshikimate-3-phosphate (CP4 EPSPS) synthase enzyme in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.524   Glyphosate Oxidoreductase GOX or GOXv247 in all plants; exemption from the requirement of a tolerance.

Residues of the Glyphosate Oxidoreductase GOX or GOXv247 enzyme in all plants are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.525   E. coli B-D-glucuronidase enzyme as a plant-incorporated protectant inert ingredient; exemption from the requirement of a tolerance.

Residues of E. coli B-D-glucuronidase enzyme are exempt from the requirement of a tolerance when used as a plant-incorporated protectant inert ingredient in all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.526   Hygromycin B phosphotransferase (APH4) marker protein in all plants; exemption from the requirement of a tolerance.

Residues of the Hygromycin B phosphotransferase (APH4) enzyme in all plants are exempt from the requirement of a tolerance when used as a plant-incorporated protectant inert ingredient in cotton.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.527   Phosphomannose isomerase in all plants; exemption from the requirement of a tolerance.

Residues of the phosphomannose isomerase (PMI) enzyme in plants are exempt from the requirement of a tolerance when used as plant-incorporated protectant inert ingredients in all food commodities.

[72 FR 20435, Apr. 25, 2007]

return arrow Back to Top

§174.529   Bacillus thuringiensis modified Cry1Ab protein as identified under OECD Unique Identifier SYN-IR67B-1 in cotton; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis modified Cry1Ab protein as identified under OECD Unique Identifier SYN-IR67B-1 are exempt from the requirement of a tolerance when used as a plant-incorporated protectant in cotton; cotton, undelinted seed; cotton, refined oil; cotton, meal; cotton, hay; cotton, hulls; cotton, forage; and cotton, gin byproducts.

[73 FR 40764, July 16, 2008]

return arrow Back to Top

§174.530   Bacillus thuringiensis Cry2Ae protein in cotton; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis Cry2Ae protein in or on the food and feed commodities of cotton; cotton, undelinted seed; cotton, gin byproducts; cotton, forage; cotton, hay; cotton, hulls; cotton, meal; and cotton, refined oil, are exempt from the requirement of a tolerance when Bacillus thuringiensis Cry2Ae protein is used as a plant-incorporated protectant in cotton.

[77 FR 6475, Feb. 8, 2012]

return arrow Back to Top

§174.531   Coat protein of plum pox virus; exemption from the requirement of a tolerance.

Residues of the coat protein of plum pox virus in or on the food commodities of fruit, stone, Group 12; and almond, are exempt from the requirement of a tolerance in these food commodities when expressed by the plant-incorporated protectant, coat protein gene of plum pox virus, and used in accordance with good agricultural practices.

[75 FR 29435, May 26, 2010]

return arrow Back to Top

§174.532   Bacillus thuringiensis eCry3.1Ab protein in corn; exemption from the requirement of a tolerance.

Residues of Bacillus thuringiensis eCry3.1Ab protein in corn, in or on the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop are exempt from the requirement of a tolerance when Bacillus thuringiensis eCry3.1Ab protein in corn is used as a plant-incorporated protectant.

[77 FR 47291, Aug. 8, 2012]

return arrow Back to Top

§174.533   Glycine max Herbicide-Resistant Acetolactate Synthase (GM-HRA) inert ingredient; exemption from the requirement of a tolerance.

Residues of Glycine max herbicide-resistant acetolactate synthase (GM-HRA) enzyme in or on the food and feed commodities of soybean are exempt from the requirement of a tolerance when used as a plant-incorporated protectant inert ingredient.

[78 FR 9321, Feb. 8, 2013]

return arrow Back to Top

§174.534   VNT1 protein; exemption from the requirement of a tolerance.

Residues of VNT1 protein in potato are exempt from the requirement of a tolerance when the Rpi-vnt1 gene that express the VNT1 protein is used as a plant-incorporated protectant in potato.

[82 FR 11515, Feb. 24, 2017]

return arrow Back to Top

§174.535   Spinach Defensin proteins; temporary exemption from the requirement of a tolerance.

Residues of the defensin proteins SoD2, SoD2*, SoD7, and SoD8 derived from spinach (Spinacia oleracea L.) in or on citrus food commodities are temporarily exempt from the requirement of a tolerance when used as a plant-incorporated protectant in citrus plants in accordance with the terms of Experimental Use Permit No. 88232-EUP-1. This temporary exemption from the requirement of a tolerance expires on May 31, 2021.

[83 FR 24944, May 31, 2018]

return arrow Back to Top

§174.536   Bacillus thuringiensis mCry51Aa2 protein in cotton; temporary exemption from the requirement of a tolerance.

Residues of the protein mCry51Aa2 in or on the food and feed commodities of cotton: Cotton, undelinted seed; cotton, gin byproducts; cotton, forage; cotton, hay; cotton, hulls; cotton, meal; and cotton, refined oil are temporarily exempt from the requirement of a tolerance when used as a plant-incorporated protectant in cotton plants in accordance with the terms of Experimental Use Permit No. 524-EUP-108. This temporary exemption from the requirement of a tolerance expires on February 28, 2019.

[82 FR 18230, Apr. 18, 2017]

return arrow Back to Top

§174.537   HPPD-4 protein; exemption from the requirement of a tolerance.

Residues of the HPPD-4 protein, which is a modified protein derived from the 4-hydroxyphenylpyruvate dioxygenase enzyme of Pseudomonas fluorescens, in or on all food commodities are exempt from the requirement of a tolerance, when the HPPD-4 protein is used as a plant-incorporated protectant inert ingredient.

[82 FR 57140, Dec. 4, 2017]

return arrow Back to Top

§174.538   Bacillus thuringiensis Cry14Ab-1 protein in soybean; temporary exemption from the requirement of a tolerance.

Residues of the protein Cry14Ab-1 in or on soybean are temporarily exempt from the requirement of a tolerance when used as a plant-incorporated protectant in soybean plants in accordance with the terms of Experimental Use Permit No. 264-EUP-151. This temporary exemption from the requirement of a tolerance expires on April 1, 2020.

[82 FR 57137, Dec. 4, 2017]

return arrow Back to Top

§174.539   Cry51Aa2.834_16 protein; exemption from the requirement of a tolerance.

Residues of the Cry51Aa2.834_16 protein, which is a modified protein derived from the Cry51Aa2 protein of Bacillus thuringiensis, in or on cotton are exempt from the requirement of a tolerance, when the Cry51Aa2.834_16 protein is used as a plant-incorporated protectant.

[83 FR 3603, Jan. 26, 2018]

return arrow Back to Top

Subpart X—List of Approved Inert Ingredients

§174.700   Scope and purpose.

This subpart lists the inert ingredients that have been exempted from FIFRA and FFDCA section 408 requirements and may be used in a plant-incorporated protectant listed in subpart B of this part.

[66 FR 37814, July 19, 2001. Redesignated at 72 FR 20434, Apr. 25, 2007]

return arrow Back to Top

§174.705   Inert ingredients from sexually compatible plant.

An inert ingredient, and residues of the inert ingredient, are exempt if all of the following conditions are met:

(a) The genetic material that encodes the inert ingredient or leads to the production of the inert ingredient is derived from a plant sexually compatible with the recipient food plant.

(b) The genetic material has never been derived from a source that is not sexually compatible with the recipient food plant.

(c) The residues of the inert ingredient are not present in food from the plant at levels that are injurious or deleterious to human health.

[66 FR 37814, July 19, 2001. Redesignated at 72 FR 20434, Apr. 25, 2007]

return arrow Back to Top

Subparts Y-Z [Reserved]