161.540—Plant protection data requirements.

(a) Table. Sections 161.100 through 161.102 describe how to use this table to determine the plant protection data requirements and the substance to be tested.
Kind of data required (b) Notes General use patterns Terrestrial Food crop Nonfood Aquatic Food crop Nonfood Greenhouse Food crop Nonfood Forestry Domestic outdoor Indoor Test substance Data to support MP Data to support EP Guidelines reference No.
Target area phytotoxicity (1) EP EP 121-1
Nontarget area phytotoxicity
Code of Federal Regulations 225
Tier I:
Seed germination/seedling emergence (2) R R R TGAI TGAI 122-1
Vegetative vigor (2) R R R TGAI TGAI 122-1
Aquatic plant growth (2) R R R TGAI TGAI 122-2
Tier II:
Seed germination/seedling emergence (3) CR CR CR TGAI TGAI 123-1
Vegetative vigor (3) CR CR CR TGAI TGAI 123-1
Aquatic plant growth (4) CR CR CR TGAI TGAI 123-2
Tier III:
Terrestrial field (3) CR CR CR TEP TEP 124-1
Aquatic field (4) CR CR CR TEP TEP 124-2
Key: CR=Conditionally required; TGAI=Technical grade of the active ingredient; EP=End-use product; TEP=Typical end-use product.
(b) Notes. The following notes are referenced in column two of the table contained in paragraph (a) of this section.
(1) Data are required for Special Review and certain public health situations.
(2) Data are required for pesticides to be used in forests and natural grasslands. For herbicide used in forest site preparation; the acquatic plant growth tests will be required. Data are required to support products to be used in other locations when any of the following conditions are met:
(i) Phytotoxicity problems concerning the product arise and open literature data are not available to address the problems.
(ii) The product may pose hazards to endangered or threatened species.
(iii) Special Review has been initiated on the product.
(3) Required if a 25 percent or greater detrimental effect was found in 1 or more plant species in the corresponding test of the previous tier.
(4) Required if a 50 percent or greater detrimental effect was found on any plant species in the corresponding test of the previous tier.

Code of Federal Regulations

[49 FR 42881, Oct. 24, 1984. Redesignated at 53 FR 15993, May 4, 1988, as amended at 58 FR 34203, June 23, 1993]