(a) General. (1) Tolerances are established for the combined residues of the insecticide esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-?-(1-methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-?-(1-methylethyl)benzeneacetate and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-?-(1-methylethyl)benzeneacetate and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-?-(1-methylethyl)benzeneacetate, in or on food commodities as follows:

CommodityParts per million
Almond0.2
Almond, hulls5.0
Apple1.0
Artichoke, globe1.0
Bean, dry, seed0.25
Bean, snap, succulent1.0
Beet, sugar, roots0.05
Beet, sugar, tops5.0
Blueberry1.0
Broccoli1.0
Cabbage, except Chinese cabbage3.0
Caneberry subgroup 13A1.0
Cantaloupe0.5
Carrot, roots0.5
Cattle, fat1.5
Cattle, meat1.5
Cattle, meat byproducts1.5
Cauliflower0.5
Collards3.0
Corn, field, forage15.0
Corn, field, grain0.02
Corn, field, stover15.0
Corn, pop, grain0.02
Corn, pop, stover15.0
Corn, sweet, forage15.0
Corn, sweet, kernel plus cob with husks removed0.1
Corn, sweet, stover15.0
Cotton, undelinted seed0.2
Cucumber0.5
Egg0.03
Eggplant0.5
Elderberry1.0
Fruit, stone, group 123.0
Goat, fat1.5
Goat, meat1.5
Goat, meat byproducts1.5
Gooseberry1.0
Hazelnut0.2
Hog, fat1.5
Hog, meat1.5
Hog, meat byproducts1.5
Horse, fat1.5
Horse, meat1.5
Horse, meat byproducts1.5
Kiwifruit0.5
Lentil, seed0.25
Melon, honeydew0.5
Milk0.3
Milk, fat7.0
Muskmelon0.5
Mustard greens5.0
Okra0.5
Pea, dry, seed0.25
Pea, succulent0.5
Peanut0.02
Pear1.0
Pecan0.2
Pepper0.5
Potato0.02
Poultry, fat0.3
Poultry, liver0.03
Poultry, meat0.03
Poultry, meat byproducts, except liver0.3
Pumpkin0.5
Radish, roots0.3
Radish, tops3.0
Sheep, fat1.5
Sheep, meat1.5
Sheep, meat byproducts1.5
Sorghum, grain, forage10.0
Sorghum, grain, grain5.0
Sorghum, grain, stover10.0
Soybean, hulls0.5
Soybean, seed0.05
Squash, summer0.5
Squash, winter0.5
Sugarcane, cane1.0
Sunflower, seed0.5
Sweet potato, roots0.05
Tomato0.5
Turnip, greens7.0
Turnip, roots0.5
Walnut0.2
Watermelon0.5

(2) A tolerance of 0.05 ppm on raw agricultural food commodities (other than those food commodities already covered by a higher tolerance as a result of use on growing crops) is established for the combined residues of the insecticide esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-?-(1-methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-?-(1-methylethyl)benzeneacetate and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-?-(1-methylethyl)benzeneacetate and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-?-(1-methylethyl)benzeneacetate as a result of the use of esfenvalerate in food-handling establishments.

(b) Section 18 emergency exemptions. [Reserved]

(c) Tolerances with regional registrations. Tolerances with regional registration are established for the combined residues of the insecticide esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-?-(1-methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-?-(1-methylethyl)benzeneacetate and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-?-(1-methylethyl)benzeneacetate and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-?-(1-methylethyl)benzeneacetate, in or on food commodities as follows:

CommodityParts per million
Cabbage, chinese, bok choy1.0
Kohlrabi2.0
Lettuce, head5.0

(d) Indirect or inadvertent residues. [Reserved]

[63 FR 23401, Apr. 29, 1998, as amended at 63 FR 48615, Sept. 11, 1998; 74 FR 46699, Sept. 11, 2009]