§ 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									Test substance		Guidelines reference No.
		Terrestrial		Aquatic		Greenhouse		Forestry	Domestic outdoor	Indoor	Data to support MP	Data to support EP
		Food crop	Nonfood	Food crop	Nonfood	Food crop	Nonfood
Target area phytotoxicity	(1)										EP	EP	121-1
Nontarget area phytotoxicity
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.

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