40 C.F.R. § 180.151

Ethylene oxide; tolerances for residues

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(a) General. (1) Tolerances are established for residues of the antimicrobial agent and insecticide ethylene oxide, when used as a postharvest fumigant in or on the following food commodities:

CommodityParts per million
Herb and spice, group 19, dried, except basil7
Licorice, roots7
Peppermint, tops, dried7
Sesame, seed7
Spearmint, tops, dried7
Vegetable, dried7
Walnut50

(2) Tolerances are established for residues of the ethylene oxide reaction product, 2-chloroethanol, commonly referred to as ethylene chlorohydrin, when ethylene oxide is used as a postharvest fumigant in or on food commodities as follows:

CommodityParts per million
Herb and spice, group 19, dried, except basil940
Licorice, roots940
Peppermint, tops, dried940
Sesame, seed940
Spearmint, tops, dried940
Vegetable, dried940

(b) Section 18 emergency exemptions. [Reserved]

(c) Tolerances with regional registrations. [Reserved]

(d) Indirect or inadvertent residues. [Reserved]

[65 FR 33695, May 24, 2000, as amended at 74 FR 46696, Sept. 11, 2009]
Notes of Decisions
Cited in 2 cases, 1994–1994 · leading case: Sorensen v. Shaklee Corp., 31 F.3d 638 (8th Cir. 1994).
Sorensen v. Shaklee Corp., 31 F.3d 638 (8th Cir. 1994). “(c) Residues of ethylene oxide in ground spices from both postharvest application to the raw agricultural commodity whole spices and application to the ground spices shall not exceed the established tolerance of 50 parts per million for residues in whole spices in 40 CFR…”
Sorensen ex rel. Dunbar v. Shaklee Corp., 31 F.3d 638 (8th Cir. 1994). “g materials, except mixtures to which salt has been added, in accordance with the following prescribed conditions: (c) Residues of ethylene oxide in ground spices from both postharvest application to the raw agricultural commodity whole spices and application to the ground…”
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