40 CFR 158.2160 - Microbial pesticides product performance data requirements.

Regulations last checked for updates: Jun 01, 2024

Title 40 - Protection of Environment last revised: May 30, 2024

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Table of Contents

§ 158.2100 - Microbial pesticides definition and applicability.

§ 158.2110 - Microbial pesticides data requirements.

§ 158.2120 - Microbial pesticides product analysis data requirements table.

§ 158.2130 - Microbial pesticides residue data requirements table.

§ 158.2140 - Microbial pesticides toxicology data requirements table.

§ 158.2150 - Microbial pesticides nontarget organisms and environmental fate data requirements table.

§ 158.2160 - Microbial pesticides product performance data requirements.

§ 158.2170 - Experimental use permit data requirements—microbial pesticides.

§ 158.2171 - Experimental use permit microbial pesticides product analysis data requirements table.

§ 158.2172 -

§ 158.2173 - Experimental use permit microbial pesticides toxicology data requirements table.

§ 158.2174 - Experimental use permit microbial pesticides nontarget organisms and environmental fate data requirements table.

§ 158.2100 - Microbial pesticides definition and applicability.

(a) This subpart applies to all living or dead microbial pesticides as described in paragraphs (b) and (c) of this section.

(b) Definition. Microbial pesticide is a microbial agent intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, that:

(1) Is a eucaryotic microorganism including, but not limited to, protozoa, algae, and fungi;

(2) Is a procaryotic microorganism, including, but not limited to, Eubacteria and Archaebacteria; or

(3) Is a parasitically replicating microscopic element, including, but not limited to, viruses.

(c) Applicability. (1) This subpart applies to microbial pesticides as specified in paragraphs (c)(2), (c)(3), and (c)(4) of this section.

(2) Each new isolate of a microbial pesticide is a new active ingredient and must be registered independently of any similarly designated and already registered microbial pesticide active ingredient. Each new isolate for which registration is sought must have a unique identifier following the taxonomic name of the microorganism, and the registration application must be supported by data required in this subpart. This does not preclude the possibility of using data from another isolate, provided sufficient similarity is established, to support registration.

(3) Genetically modified microbial pesticides may be subject to additional data or information requirements on a case-by-case basis depending on the particular microbial agent and/or its parental strains, the proposed pesticide use pattern, and the manner and extent to which the organism has been genetically modified.

(4) Pest control organisms such as insect predators, nematodes, and macroscopic parasites are exempt from the requirements of FIFRA as authorized by section 25(b) of FIFRA and specified in § 152.20 (a) of this chapter.

[72 FR 61002, Oct. 26, 2007, as amended at 77 FR 52612, Aug. 30, 2012]

§ 158.2110 - Microbial pesticides data requirements.

(a) For all microbial pesticides. (1) The following § 158.2120 through § 158.2150 identify the data requirements that are required to support registration of microbial pesticides. The variations in the test conditions are identified within the test notes.

(2) Each data table includes “use patterns” under which the individual data are required, with variations including all use patterns, food and nonfood uses for terrestrial and aquatic applications, greenhouse, indoor, forestry, and residential outdoor applications under certain circumstances.

(3) The categories for each data requirement are “R,” which stands for required, and “CR” which stands for conditionally required. If a bracket appears around the “R” or “CR,” the data are required for both the registration and experimental use permit requests. Generally, “R” indicates that the data are more likely required than for those data requirements with “CR.” However, in each case, the regulatory text preceding the data table and the test notes following the data table must be used to determine whether the data requirement must be satisfied.

(4) Each table identifies the test substance that is required to be tested to satisfy the data requirement. Test substances may include: technical grade active ingredient (TGAI), manufacturing-use product (MP), end-use product (EP), typical end-use product (TEP), residue of concern, and pure active ingredient (PAI) or all of the above (All). Commas between the test substances (i.e., TGAI, EP) indicate that data may be required on the TGAI or EP or both depending on the conditions set forth in the test note. Data requirements which list two test substances (i.e., TGAI and EP) indicate that both are required to be tested. Data requirements that list only MP as the test substance apply to products containing solely the technical grade of the active ingredient and manufacturing-use products to which other ingredients have been intentionally added. Data requirements listing the EP as the test substance apply to any EP with an ingredient in the end-use formulation other than the active ingredient that is expected to enhance the toxicity of the product.

(b) Additional data requirements for genetically modified microbial pesticides. Additional requirements for genetically modified microbial pesticides may include but are not limited to: genetic engineering techniques used; the identity of the inserted or deleted gene segment (base sequence data or enzyme restriction map of the gene); information on the control region of the gene in question; a description of the “new” traits or characteristics that are intended to be expressed; tests to evaluate genetic stability and exchange; and selected Tier II environmental expression and toxicology tests.

§ 158.2120 - Microbial pesticides product analysis data requirements table.

(a) General. Sections 158.100 through 158.130 describe how to use this table to determine the product analysis data requirements and the substance to be tested for a particular microbial pesticide. Notes that apply to an individual test and include specific conditions, qualifications, or exceptions to the designated test are identified in paragraph (d) of this section.

(c) Table. The table in this paragraph shows the data requirements for microbial pesticides product analysis. The test notes are shown in paragraph (d) of this section.

Table—Microbial Pesticides Product Analysis Data Requirements

Test guideline No.	Data requirement	All use patterns	Test substance		Test notes
Test guideline No.	Data requirement	All use patterns	MP	EP	Test notes
Product Chemistry and Composition
885.1100	Product identity	R	MP	EP
885.1200	Manufacturing process	R	TGAI and MP	TGAI and EP
885.1250	Deposition of a sample in a nationally recognized culture collection	R	TGAI	TGAI	1
885.1300	Discussion of formation of unintentional ingredients	R	TGAI and MP	TGAI and EP
Analysis and Certified Limits
885.1400	Analysis of samples	R	TGAI and MP	TGAI and EP	2
885.1500	Certification of limits	R	MP	EP
Physical and Chemical Characteristics
830.6302	Color	R	TGAI	TGAI
830.6303	Physical state	R	TGAI	TGAI
830.6304	Odor	R	TGAI	TGAI
830.6313	Stability to normal and elevated temperatures, metals, and metal ions	R	TGAI	TGAI
830.6317	Storage stability	R	TGAI and MP	TGAI and EP
830.6319	Miscibility	R	MP	EP	3
830.6320	Corrosion characteristics	R	MP	EP	4
830.7000	pH	R	TGAI	TGAI
830.7100	Viscosity	R	MP	EP	5
830.7300	Density/relative density/bulk density (specific gravity)	R	TGAI	TGAI

(d) Test notes. The following test notes are applicable to the data requirements for microbial pesticides product analysis as referenced in the last column of the table contained in paragraph (c) of this section.

1. Required for each isolate of a microbial pesticide. Isolates must be deposited with an agreement to ensure that the sample will be maintained and will not be discarded for the duration of the associated registration(s).

2. Required to support registration of each manufacturing-use product and end-use product. This analysis must be conducted at the point in the production process after which there would be no potential for microbial contamination or microbial regrowth. For full registration, generally an analysis of samples is a compilation of batches, over a period of time, depending on the frequency of manufacturing.

3. Only required for emulsifiable liquid forms of microbial pesticides.

4. Required when microbial pesticides are packaged in metal, plastic, or paper containers.

5. Only required for liquid forms of microbial pesticides.

[72 FR 61002, Oct. 26, 2007, as amended at 77 FR 52612, Aug. 30, 2012]

§ 158.2130 - Microbial pesticides residue data requirements table.

(a) General. Sections 158.100 through 158.130 describe how to use this table to determine the residue chemistry data requirements and the substance to be tested for a particular microbial pesticide. Specific conditions, qualifications, or exceptions to the designated test appear in paragraph (d) of this section, and the procedures appear in paragraph (e) of this section.

(b) Key. R = required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. Specific conditions, qualifications, or exceptions to the designated test procedures appear in paragraph (d) of this section, and apply to the individual tests in the following table:

(c) Table. The following table shows the data requirements for microbial pesticides residue. The test notes are shown in paragraph (d) of this section.

Table—Microbial Pesticides Residue Data Requirements

Guideline Number	Data Requirement	All Use Patterns	Test Substance Data to Support MP or EP	Test Notes
885.2100	Chemical Identity	CR	EP	1
885.2200	Nature of the Residue in plants	CR	EP	1
885.2250	Nature of the Residue in animals	CR	EP	1
885.2300	Analytical methods - plants	CR	TGAI	1
885.2350	Analytical methods - animals	CR	TGAI	1
885.2400	Storage Stability	CR	EP	1
885.2500	Magnitude of residue in plants	CR	EP	1
885.2550	Magnitude of residues in meat, milk, poultry, eggs	CR	EP	1
885.2600	Magnitude of residues in potable water, fish, and irrigated crops	CR	EP	1

(d) Test notes. The following test note is applicable to the data requirements for microbial pesticides residue as referenced in the last column of the table contained in paragraph (c) of this section.

1. Required when the results of testing:

i. Indicate the potential to cause adverse human health effects or the product characterization indicates the microbial pesticide has a significant potential to produce a mammalian toxin; and

ii. The use pattern is such that residues may be present in or on food or feed crops.

§ 158.2140 - Microbial pesticides toxicology data requirements table.

(a) General. Sections 158.100 through 158.130 describe how to use this table to determine the toxicology data requirements for a particular pesticide product. Notes that apply to an individual test and include specific conditions, qualifications, or exceptions to the designated test are listed in paragraph (d) of this section.

(b) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. Specific conditions, qualifications, or exceptions to the designated test procedures appear in paragraph (d) of this section, and apply to the individual tests in the following table:

(c) Table. The following table shows the data requirements for microbial pesticides toxicology. The test notes are shown in paragraph (d) of this section.

Table—Microbial Pesticides Toxicology Data Requirements

Guideline Number	Data Requirement	All Use Patterns	Test Substance	Test Notes
Tier I
885.3050	Acute oral toxicity/pathogenicity	R	TGAI	1
885.3150	Acute pulmonary toxicity/pathogenicity	R	TGAI	—
885.3200	Acute injection toxicity/pathogenicity/(intravenous) Acute injection toxicity/pathogenicity/(intraperitoneal)	R	TGAI	2
885.3400	Hypersensitivity incidents	R	All	3
885.3500	Cell culture	R	TGAI	4
870.1100	Acute oral toxicity	R	MP , EP	1, 5
870.1200	Acute dermal toxicity	R	MP , EP	5
870.1300	Acute inhalation toxicity	R	MP , EP	5, 6
870.2400	Acute eye irritation	R	MP , EP	5
870.2500	Primary dermal irritation	R	MP , EP	5
Tier II
885.3550	Acute toxicology	CR	TGAI	7
885.3600	Subchronic toxicity/pathogenicity	CR	TGAI	8
Tier III
885.3650	Reproductive fertility effects	CR	TGAI	9, 13
870.4200	Carcinogenicity	CR	TGAI	10, 13
870.7800	Immunotoxicity	CR	TGAI	11, 13
885.3000	Infectivity/pathogenicity analysis	CR	TGAI	12, 13

(d) Test notes. The following test notes are applicable to the data requirements for microbial pesticides toxicology as referenced in the last column of the table contained in paragraph (c) of this section:

1. The acute oral toxicity/pathogenicity study is required to support the TGAI. However, it can be combined with the unit dose portion of the acute oral toxicity study, with an EP or MP test material to fulfill the requirement for the TGAI and the MP or EP in a single study, if the new protocol is designed to address the endpoints of concern.

2. Data not required for products whose active ingredient is a virus. For test materials whose size or consistency may prevent use of an intravenous injection, the intraperitoneal injection procedure may be employed.

3. Hypersensitivity incidents, including immediate type and delayed-type reactions of humans or domestic animals, occur during the testing or production of the TGAI, MP, or EP, or are otherwise known to the applicant must be reported if they occur.

4. Data must be submitted only for products whose active ingredient is a virus.

5. The 870 series studies for the MP and EP are intended to provide data on the acute toxicity of the product. Waivers for any or all of these studies may be granted when the applicant can demonstrate that the combination of inert ingredients is not likely to pose any significant human health risks. Where appropriate, the limit dose approach to testing is recommended.

6. Required when the product consists of, or under conditions of use would result in, an inhalable material (e.g., gas, volatile substances, or aerosol particulate).

7. Data required when significant toxicity, in the absence of pathogenicity and significant infectivity, is observed in acute oral, injection, or pulmonary studies (Tier I). Route(s) of exposure correspond to route(s) where toxicity was observed in Tier I studies. The toxic component of the TGAI is to be tested.

8. Data required when significant infectivity and/or unusual persistence is observed in the absence of pathogenicity or toxicity in Tier I studies. Routes of exposure (oral and/or pulmonary) correspond to routes in Tier I studies where adverse effects were noted. Data may also be required to evaluate adverse effects due to microbial contaminants or to toxic byproducts.

9. Data are required when one or more of the following criteria are met:

i. Significant infectivity of the microbial pest control agent (MPCA) was observed in test animals in the Tier II subchronic study and in which no significant signs of toxicity or pathogenicity were observed.

ii. The microbial pesticide is a virus which can persist or replicate in mammalian cell culture lines.

iii. The microbial pesticide is not amenable to thorough taxonomic classification, and is related to organisms known to be parasitic for mammalian cells.

iv. The microbial pesticide preparation is not well purified, and may contain contaminants which are parasitic for mammals.

10. Data may be required for products known to contain or suspected to contain carcinogenic viruses or for microbial components that are identified as having significant toxicity in Tier II testing.

11. Data may be required for products known to contain or suspected to contain viruses that can interact in an adverse manner with components of the mammalian immune system.

12. An analysis of human infectivity/pathogenicity potential using scientific literature, genomic analysis, and/or actual specific cell culture/animal data may be required for products known to contain or suspected of containing intracellular parasites of mammalian cells for products that exhibit pathogenic characteristics in Tier I and/or Tier II, for products which are closely related to known human pathogens based on the product analysis data, or for known human pathogens that have been “disarmed” or rendered non-pathogenic for humans.

13. Test standards may have to be modified depending on the characteristics of the microorganism. Requirements may vary for these studies depending on the active ingredient being tested. Consultation with the Agency is advised before performing these Tier III studies.

§ 158.2150 - Microbial pesticides nontarget organisms and environmental fate data requirements table.

(a) General. Sections 158.100 through 158.130 describe how to use this table to determine the terrestrial and aquatic nontarget organisms data requirements for a particular microbial pesticide product. Notes that apply to an individual test including specific conditions, qualifications, or exceptions to the designated test are listed in paragraph (e) of this section.

(b) Use patterns. Aquatic uses include: food and feed, nonfood uses (e.g., outdoor, residential, and industrial). Terrestrial uses include: Food, Feed, Non-Food, Forestry, Residential outdoor, greenhouse (food and food), Indoor (food and nonfood), and Industrial.

(c) Key. R = Required; CR = Conditionally required; NR = Not required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; All = All of the above. Specific conditions, qualifications, or exceptions to the designated test procedures appear in paragraph (e) of this section, and apply to the individual tests in the following table:

(d) Table. The following table shows the data requirements for microbial pesticides nontarget organisms and environmental fate. The test notes are shown in paragraph (e) of this section.

Table—Microbial Pesticides Nontarget Organisms and Environmental Fate Data Requirements

Guideline Number	Data Requirement	Use Patterns								Test Substance	Test Notes
		Aquatic		Terrestrial
		Food/Feed	Nonfood	Food/Feed/Nonfood	Forestry	Residential	Greenhouse	Indoor	Industrial
		Food/Feed	Nonfood	Food/Feed/Nonfood	Forestry	Outdoor	Food/Nonfood	Food/Nonfood	Industrial
Tier I
885.4050	Avian oral toxicity	R	R	R	R	R	CR	CR	CR	TGAI	1, 2
885.4100	Avian inhalation toxicity/pathogenicity	CR	CR	CR	CR	CR	CR	CR	CR	TGAI	1, 2, 3
885.4150	Wild mammal toxicity/pathogenicity	CR	CR	CR	CR	CR	NR	NR	CR	TGAI	1, 4
885.4200	Freshwater fish toxicity/ pathogenicity	R	R	R	R	CR	CR	CR	CR	TGAI or TEP	1, 2, 5
885.4240	Freshwater invertebrate toxicity/pathogenicity	R	R	R	R	CR	CR	CR	CR	TGAI or TEP	1, 2, 5
885.4280	Estuarine/Marine fish testing Estuarine and marine invertebrate testing	CR	CR	CR	CR	CR	NR	NR	CR	TGAI	1, 6
885.4300	Nontarget plant testing	CR	CR	CR	R	CR	NR	CR	CR	TEP	1, 7
885.4340	Nontarget insect testing	R	R	R	R	R	CR	NR	CR	TGAI	1, 8
885.4380	Honey bee testing	R	R	R	R	R	CR	NR	CR	TGAI	1
Tier II
885.5200	Terrestrial environmental expression tests	CR	CR	CR	CR	CR	NR	NR	CR	TGAI or TEP	9
885.5300	Freshwater environmental expression tests	CR	CR	CR	CR	CR	NR	NR	CR	TGAI or TEP	10
885.5400	Marine or estuarine environmental expression tests	CR	CR	CR	CR	CR	NR	NR	CR	TGAI or TEP	11, 12
Tier III
885.4600	Avian chronic pathogenicity and reproduction test	CR	CR	CR	CR	CR	NR	NR	CR	TGAI	12, 13
885.4650	Aquatic invertebrate range testing	CR	CR	CR	CR	CR	NR	NR	CR	TGAI	12, 14
885.4700	Fish life cycle studies	CR	CR	CR	CR	CR	NR	NR	CR	TGAI	12, 14
885.4750	Aquatic ecosystem test	CR	CR	CR	CR	CR	NR	NR	CR	TGAI	15
Tier IV
850.2500 850.1950	Field testing for terrestrial wildlife and Field testing for aquatic organisms	CR	CR	CR	CR	CR	NR	NR	CR	TGAI or TEP	11, 16
850.2500	Simulated or actual field tests (birds, mammals)	CR	CR	CR	CR	CR	NR	NR	CR	TEP	16, 17, 20
850.1950	Simulated or actual field test (aquatic organisms)	CR	CR	CR	CR	CR	NR	NR	CR	TEP	16, 18, 19, 20
850.2500	Simulated or actual field tests (insect predators, parasites)	CR	CR	CR	CR	CR	NR	NR	CR	TEP	16, 18, 19, 20
850.3040	Simulated or actual field tests (insect pollinators)	CR	CR	CR	CR	CR	NR	NR	CR	TEP	16, 18, 19, 20
850.4300	Simulated or actual field tests (plants)	CR	CR	CR	CR	CR	NR	NR	CR	TEP	16, 18, 19, 20

(e) Test notes. The following test notes are applicable to the data requirements for microbial pesticides nontarget organism and environmental fate as referenced in the last column of the table contained in paragraph (d) of this section.

1. Tests for pesticides intended solely for indoor application would be required on a case-by-case basis, depending on use pattern, production volume, and other pertinent factors.

2. The preferred species for the avian oral study is either the upland game or waterfowl. The preferred species for the avian inhalation toxicity/pathogenicity study and the avian chronic toxicity/pathogenicity study is the upland game. There is also the option to test the passerine if there is a concern. The coldwater fish is preferred for freshwater fish testing. However, two species (coldwater and warmwater fish species are the preferred species) must be tested for uses involving direct freshwater exposure. Freshwater invertebrate testing is also required.

3. Data required when the nature of the microbial pesticide and/or its toxins indicates potential pathogenicity to birds.

4. Required on a case-by-case basis if results of tests required by § 158.2140 are inadequate or inappropriate for assessment of hazards to wild mammals.

5. Required when there will be significant exposure to aquatic organisms (fish and invertebrates).

6. Required if the product is intended for direct application into the estuarine or marine environment or expected to enter this environment in significant concentrations because of expected use or mobility pattern.

7. Required if the microbial pesticide is taxonomically related to a known plant pathogen.

8. Data are not required unless an active microbial ingredient controls the target insect pest by a mechanism of infectivity; i.e., may create an epizootic condition in nontarget insects.

9. Required if toxic or pathogenic effects are observed in one or more of the following tests for microbial pesticides:

i. Avian acute oral or avian inhalation studies.

ii. Wild mammal studies.

iii. Nontarget plant studies (terrestrial).

iv. Honey bee studies.

v. Nontarget insect studies.

10. Required when toxic or pathogenic effects are observed in any of the following Tier I tests for microbial pest control agents:

i. Freshwater fish studies.

ii. Freshwater invertebrate studies.

iii. Nontarget plant studies (aquatic).

11. Required if product is applied on land or in fresh water or marine/estuarine environments and toxic or pathogenic effects are observed in any of the following Tier I tests for microbial pesticides:

i. Estuarine and marine animal toxicity and pathogenicity.

ii. Plant studies - estuarine or marine species.

12. An appropriate dose-response toxicity test is required when toxic effects on nontarget terrestrial wildlife or aquatic organisms (including plants) are reported in one or more Tier I tests and results of Tier II tests indicate exposure of the microbial agent to the affected nontarget terrestrial wildlife or aquatic organisms. The protocols for these tests may have to be modified in accordance with results from the nontarget organism and environmental expression studies.

13. Required when one or more of the following are present:

i. Pathogenic effects are observed in Tier I avian studies.

ii. Tier II environmental expression testing indicate that long-term exposure of terrestrial animals is likely.

14. Required when product is intended for use in water or expected to be transported to water from the intended use site, and when pathogenicity or infectivity was observed in Tier I aquatic studies.

15. Required if, after an analysis of the microbial pesticide's ability to survive and multiply in the environment and what ecological habitat it would occupy, the intended use patterns, and the results of previous nontarget organisms and environmental expression tests, it is determined that use of the microbial agent may result in adverse effects on the nontarget organisms in aquatic environments. Testing is to determine if applications of the microbial pest control would be expected to disrupt the balance of populations in the target ecosystem.

16. Tier IV studies may be conducted as a condition of registration as post-registration monitoring if the potential for unreasonable adverse effects appears to be minimal during that period of use due to implementation of mitigation measures.

17. Required when both of the following conditions occur:

i. Pathogenic effects observed at actual or expected field residue exposure levels are reported in Tier III; and

ii. The Agency determines that quarantine methods would not prevent the microbial pesticide from contaminating areas adjacent to the test area.

18. Short term simulated or actual field studies are required when it is determined that the product is likely to cause adverse short-term or acute effects, based on consideration of available laboratory data, use patterns, and exposure rates.

19. Data from a long-term simulated field test (e.g., where reproduction and growth of confined populations are observed) and/or an actual field test (e.g., where reproduction and growth of natural populations are observed) are required if laboratory data indicate that adverse long-term, cumulative, or life-cycle effects may result from intended use.

20. Since test standards would be developed on a case-by-case basis, consultation with the Agency and development of a protocol is advised before performing these Tier IV studies.

§ 158.2160 - Microbial pesticides product performance data requirements.

(a) General. Product performance data must be developed for all microbial pesticides. Each applicant must ensure through testing that the product is efficacious when used in accordance with label directions and commonly accepted pest control practices. The Agency may require, on a case-by-case basis, submission of product performance data for any pesticide product registered or proposed for registration or amendment.

(b) Product performance data for each product that bears a claim against an invertebrate pest that is covered by subpart R of this part. The product performance data requirements and the performance standards of subpart R of this part apply to microbial products covered by this subpart. Product performance data must be submitted with any application for registration or amended registration. However, data requirements and the performance standards that determine the acceptability of data may be modified on a case-by-case basis pursuant to the waiver provisions in § 158.45 and the provisions in § 158.1707.

(c) Product performance data for each product that bears a public health pest claim, excluding those covered under paragraph (b). Product performance data must be submitted with any application for registration or amended registration, if the product bears a claim to control public health pests, such as pest microorganisms infectious to humans in any area of the inanimate environment, or a claim to control vertebrates, including but not limited to, rodents, birds, bats, canids, and skunks.

[87 FR 22484, Apr. 15, 2022]

§ 158.2170 - Experimental use permit data requirements—microbial pesticides.

(a) For all microbial pesticides. (1) The following § 158.2171 through § 158.2174 identify the data requirements that are required to support experimental use permits for microbial pesticides. The variations in the test conditions are identified within the test notes.

(2) For general information on the data requirement tables, see § 158.2110(a)(2)-(4).

§ 158.2171 - Experimental use permit microbial pesticides product analysis data requirements table.

(c) Table. The table in this paragraph shows the data requirements for experimental use permit microbial pesticides product analysis. The test notes are shown in paragraph (d) of this section.

Table—EUP Microbial Pesticides Product Analysis Data Requirements

Test guideline No.	Data requirement	All use patterns	Test substance		Test notes
Test guideline No.	Data requirement	All use patterns	MP	EP	Test notes
Product Chemistry and Composition
885.1100	Product identity	R	MP	EP
885.1200	Manufacturing process	R	TGAI and MP	TGAI and EP	1, 2
885.1250	Deposition of a sample in a nationally recognized culture collection	R	TGAI	TGAI	3
885.1300	Discussion of formation of unintentional ingredients	R	TGAI and MP	TGAI and EP	2
Analysis and Certified Limits
885.1400	Analysis of samples	R	TGAI and MP	TGAI and EP	2, 4
885.1500	Certification of limits	R	MP	EP
Physical and Chemical Characteristics
830.6302	Color	R	TGAI	TGAI
830.6303	Physical state	R	TGAI	TGAI
830.6304	Odor	R	TGAI	TGAI
830.6313	Stability to normal and elevated temperatures, metals, and metal ions	R	TGAI	TGAI
830.6317	Storage stability	R	TGAI and MP	TGAI and EP
830.6319	Miscibility	R	MP	EP	5
830.6320	Corrosion characteristics	R	MP	EP	6
830.7000	pH	R	TGAI	TGAI
830.7100	Viscosity	R	MP	EP	7
830.7300	Density/relative density/bulk density (specific gravity)	R	TGAI	TGAI

(d) Test notes. The following test notes are applicable to the data requirements for experimental use permit microbial pesticides product analysis as referenced in the last column of the table contained in paragraph (c) of this section.

1. If an experimental use permit is being sought, and if the pesticide is not already under full-scale production, a schematic diagram and/or description of the manufacturing process suffices.

2. If an experimental use permit is being sought, and if the product is not already under full-scale production, a discussion of unintentional ingredients is required to be submitted to the extent this information is available.

3. Required for each isolate of a microbial pesticide. Isolates must be deposited with an agreement to ensure that the sample will be maintained and will not be discarded for the duration of the associated experimental use permit(s).

4. Required to support registration of each manufacturing-use product and end-use product. This analysis must be conducted at the point in the production process after which there would be no potential for microbial contamination or microbial regrowth. For pesticides in the production stage, a preliminary product analytical method and data would suffice to support an experimental use permit. For full registration, generally an analysis of samples is a compilation of batches, over a period of time, depending on the frequency of manufacturing.

5. Only required for emulsifiable liquid forms of microbial pesticides.

6. Required when microbial pesticides are packaged in metal, plastic, or paper containers.

7. Only required for liquid forms of microbial pesticides.

[72 FR 61002, Oct. 26, 2007, as amended at 77 FR 52613, Aug. 30, 2012]

§ 158.2172 -

(a) General. Sections 158.100 through 158.130 describe how to use this table to determine the residue chemistry data requirements and the substance to be tested for a particular microbial pesticide. Specific conditions, qualifications, or exceptions to the designated test appear in (d) of this section, and the procedures appear in paragraph (e) of this section.

(c) Table. The following table shows the data requirements for experimental use permit microbial pesticides residue. The test notes are shown in paragraph (d) of this section.

Table—EUP Microbial Pesticides Residue Data Requirements

Guideline Number	Data Requirement	All Use Patterns	Test Substance Data to Support MP or EP	Test Notes
885.2100	Chemical Identity	CR	EP	1
885.2200	Nature of the Residue in plants	CR	EP	1
885.2250	Nature of the Residue in animals	CR	EP	1
885.2300	Analytical methods - plants	CR	TGAI	1
885.2350	Analytical methods-animals	CR	TGAI	1
885.2400	Storage Stability	CR	EP	1
885.2500	Magnitude of residue in plants	CR	EP	1
885.2550	Magnitude of residues in meat, milk, poultry, eggs	CR	EP	1
885.2600	Magnitude of residues in potable water, fish, and irrigated crops	CR	EP	1

(d) Test notes. The following test note is applicable to the data requirements for experimental use permit microbial pesticides residue as referenced in the last column of the table contained in paragraph (c) of this section.

1. Required when the results of testing:

i. Indicate the potential to cause adverse human health effects or the product characterization indicates the microbial pesticide has a significant potential to produce a mammalian toxin; and

ii. The use pattern is such that residues may be present in or on food or feed crops.

§ 158.2173 - Experimental use permit microbial pesticides toxicology data requirements table.

(a) General. Sections 158.100 through 158.130 describe how to use this table to determine the toxicology data requirements for a particular microbial pesticide product. Notes that apply to an individual test and include specific conditions, qualifications, or exceptions to the designated test are listed in paragraph (d) of this section.

(c) Table. The following table shows the data requirements for microbial pesticide toxicology. The test notes are shown in paragraph (d) of this section.

Table—EUP Microbial Pesticides Toxicology Data Requirements

Guideline Number	Data Requirement	All Use Patterns	Test Substance	Test Notes
885.3050	Acute oral toxicity/pathogenicity	R	TGAI	1
885.3150	Acute pulmonary toxicity/pathogenicity	R	TGAI	—
885.3200	Acute injection toxicity/pathogenicity/(intravenous) Acute injection toxicity/pathogenicity/(intraperitoneal)	R	TGAI	2
885.3400	Hypersensitivity incidents	R	All	3
885.3500	Cell culture	R	TGAI	4
870.1100	Acute oral toxicity	R	MP, EP	1, 5
870.1200	Acute dermal toxicity	R	MP, EP	5
870.1300	Acute inhalation toxicity	R	MP, EP	5, 6
870.2400	Acute eye irritation	R	MP, EP	5
870.2500	Primary dermal irritation	CR	MP, EP	5

(d) Test notes. The following test notes are applicable to the data requirements for experimental use permit microbial pesticides toxicology as referenced in the last column of the table contained in paragraph (c) of this section:

3. Hypersensitivity incidents, including immediate type and delayed type reactions of humans or domestic animals occur during the testing or production of the TGAI, MP, or EP, or are otherwise known to the applicant must be reported if they occur.

4. Data must be submitted only for products whose active ingredient is a virus.

6. Required when the product consists of, or under conditions of use that would result in an inhalable material (e.g., gas, volatile substances, or aerosol particulate).

§ 158.2174 - Experimental use permit microbial pesticides nontarget organisms and environmental fate data requirements table.

(d) Table. The following table shows the data requirements for experimental use permit microbial pesticides nontarget organisms and environmental fate. The test notes are shown in paragraph (e) of this section.

Table—EUP Microbial Pesticides Nontarget Organisms and Environmental Fate Data Requirements

Guideline Number	Data Requirement	Use Patterns								Test Substance	Test Notes
		Aquatic		Terrestrial
		Food/Feed	Nonfood	Food/Feed/Nonfood	Forestry	Residential	Greenhouse	Indoor	Industrial
		Food/Feed	Nonfood	Food/Feed/Nonfood	Forestry	Outdoor	Food/Nonfood	Food/Nonfood	Industrial
885.4050	Avian oral toxicity	NR	R	R	R	R	NR	NR	NR	TGAI	1, 2
885.4200	Freshwater fish toxicity/pathogenicity	NR	R	R	R	NR	NR	NR	NR	TGAI	1, 2, 3
885.4240	Freshwater invertebrate toxicity/pathogenicity	NR	R	R	R	NR	NR	NR	NR	TGAI	1, 2, 3
885.4300	Nontarget plant testing	NR	NR	NR	R	NR	NR	NR	NR	TEP	1, 4
885.4340	Nontarget insect testing	R	R	R	R	NR	NR	NR	NR	TGAI	1, 5
885.4380	Honey bee testing	R	R	R	R	NR	NR	NR	NR	TGAI	1

1. Tests for pesticides intended solely for indoor application would be required on a case-by-case basis, depending on use pattern, production volume, and other pertinent factors. Tests to support EUP's are based on the application timing and acreage.

2. The preferred species for the avian oral study is either the upland game or waterfowl. The preferred species for the avian inhalation toxicity/pathogenicity study and the avian chronic toxicity/pathogenicity study is the upland game. There is also the option to test a passerine species if there is a concern. The coldwater fish is preferred for freshwater fish testing. However, two species (coldwater and warmwater fish are the preferred species) must be tested for uses involving direct freshwater exposure. Freshwater invertebrates are preferred for invertebrate testing.

3. Required when there will be significant exposure to aquatic organisms (fish and invertebrates).

4. Required if the microbial pesticide is taxonomically related to a known plant pathogen.

5. Data are not required unless an active microbial ingredient controls the target insect pest by a mechanism of infectivity; i.e., may create an epizootic condition in nontarget insects.

authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a.

source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted.

cite as: 40 CFR 158.2160