Proposed Rule2023-24925
L-Lactic Acid; Proposed Tolerance Actions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 13, 2023
Issuing agencies
Environmental Protection Agency
Abstract
EPA is proposing to remove a duplicative exemption from the requirement of a tolerance for residues of L-lactic acid, herein referred to as lactic acid, when applied to dairy-processing equipment and food-processing equipment and utensils. In addition, the Agency is proposing to establish exemptions from the requirement of a tolerance for residues of lactic acid when used as a fruit and vegetable wash in or on all raw agricultural commodities, and for indirect or inadvertent residues of lactic acid in or on all livestock commodities, when residues are present therein as a result of animal drinking water coming into contact with hard non-porous surfaces treated with lactic acid (i.e., troughs). This rulemaking is proposed on the Agency's own initiative under the Federal Food, Drug, and Cosmetic Act (FFDCA), in order to implement the tolerance actions EPA identified during its review of this chemical as part of the Agency's registration review program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Full Text
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<title>Federal Register, Volume 88 Issue 217 (Monday, November 13, 2023)</title>
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[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Proposed Rules]
[Pages 77544-77548]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24925]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2023-0455; FRL-11520-01-OCSPP]
RIN 2070-ZA16
L-Lactic Acid; Proposed Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to remove a duplicative exemption from the
requirement of a tolerance for residues of L-lactic acid, herein
referred to as lactic acid, when applied to dairy-processing equipment
and food-processing equipment and utensils. In addition, the Agency is
proposing to establish exemptions from the requirement of a tolerance
for residues of lactic acid when used as a fruit and vegetable wash in
or on all raw agricultural commodities, and for indirect or inadvertent
residues of lactic acid in or on all livestock commodities, when
residues are present therein as a result of animal drinking water
coming into contact with hard non-porous surfaces treated with lactic
acid (i.e., troughs). This rulemaking is proposed on the Agency's own
initiative under the Federal Food, Drug, and Cosmetic Act (FFDCA), in
order to implement the tolerance actions EPA identified during its
review of this chemical as part of the Agency's registration review
program under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).
DATES: Comments must be received on or before January 12, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0455, by one of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
<bullet> Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
<bullet> Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at <a href="https://www.epa.gov/dockets/where-send-comments-epa-dockets">https://www.epa.gov/dockets/where-send-comments-epa-dockets</a>.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Anita Pease, Antimicrobials Division
7510M, Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
202-566-0736; email address: <a href="/cdn-cgi/l/email-protection#ef9f8a8e9c8ac18e81869b8eaf8a9f8ec1888099"><span class="__cf_email__" data-cfemail="2a5a4f4b594f044b44435e4b6a4f5a4b044d455c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
<bullet> Animal production (NAICS code 112)
<bullet> Food manufacturing (NAICS code 311)
<bullet> Pesticide manufacturing (NAICS code 32532)
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
<a href="http://regulations.gov">regulations.gov</a> or email. Clearly mark the part or all of the
information that you claim to be CBI. In addition to one complete
version of the comment that includes information claimed as CBI, a copy
of the comment that does not contain the information claimed as CBI
must be submitted for inclusion in the public docket. Information so
marked will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at <a href="https://www.epa.gov/dockets/comments.html">https://www.epa.gov/dockets/comments.html</a>.
II. Background
A. What action is the Agency taking?
EPA is proposing the following tolerance actions related to lactic
acid:
<bullet> To remove the duplicative exemption from the requirement
of a tolerance under 40 CFR 180.940(b) for residues of lactic acid when
applied to dairy-processing equipment and food-processing equipment and
utensils, as these use sites are covered by the exemption under 40 CFR
180.940(a) (i.e., food-contact surfaces in public eating places, dairy-
processing equipment, and food-processing equipment and utensils).
<bullet> To establish exemptions from the requirement of a
tolerance under 40 CFR 180.1090 for residues of lactic acid when used
as a fruit and vegetable wash in or on all raw agricultural
commodities, and for indirect or inadvertent residues of lactic acid in
or on all livestock commodities, when residues are present therein as a
result of animal drinking water coming into contact with hard non-
porous surfaces treated with lactic acid (i.e., troughs). EPA is
proposing these exemptions to cover residues of lactic acid that may be
found in food as a result of these uses.
EPA is proposing these tolerance actions to implement the changes
[[Page 77545]]
identified as necessary during the registration review process to cover
these pesticide chemical residues when used in antimicrobial
formulations consistent with current label use directions. Registration
review documents, such as the draft risk assessment, typically identify
certain tolerance actions, including modifications to reflect current
use patterns, meet safety findings, and change commodity names and
groupings, that may be necessary or appropriate to cover pesticide
chemical residues or reflect current EPA policy.
For the pesticide chemical at issue in this rulemaking, EPA issued
the L-lactic Acid Combined Preliminary Work Plan and Proposed Interim
Registration Review Decision (Lactic Acid PWP/PID) in April 2021, and
the L-lactic Acid Interim Registration Review Decision (Lactic Acid ID)
in September 2021, as part of the second round of registration review
for lactic acid. Electronic copies of the Lactic Acid PWP/PID, Lactic
Acid ID, and other documents are available in docket ID number EPA-HQ-
OPP-2020-0552 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. These documents contain a
summary of the Agency's assessment of the potential risk associated
with current product uses, and the Lactic Acid ID identified the need
for the tolerance actions described above.
B. What is the Agency's authority for taking this action?
A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a,
authorizes the establishment, modification, and revocation of
tolerances and exemptions from the requirement of a tolerance for
residues of pesticide chemicals in or on raw agricultural commodities
and processed foods. Residues of pesticides in or on food that are not
covered by a tolerance or exemption are deemed unsafe under FFDCA
section 408(a), 21 U.S.C. 346a(a), and any food containing unsafe
residues is considered adulterated under FFDCA section 402(a), 21
U.S.C. 342(a). Such food may not be distributed in interstate commerce,
21 U.S.C. 331(a). For a food-use pesticide to be sold and distributed,
the pesticide must not only have appropriate tolerances under the
FFDCA, but also must be registered under FIFRA, 7 U.S.C. 136 et seq.
Residues of food-use pesticides not registered in the United States
must also be covered by a U.S. tolerance or exemption in order for
commodities treated with those pesticides to be imported into the
United States.
Section 408(c)(1)(B) of the FFDCA authorizes EPA to establish,
modify, or revoke an exemption from the requirement of a tolerance on
its own initiative, 21 U.S.C. 346(c)(e)(1)(B)). Before issuing a final
regulation, EPA is required to issue a proposed rulemaking and provide
a comment period. Id. 346(a)(e)(2).
Section 408(c)(2)(A)(i) of the FFDCA allows EPA to establish an
exemption from the requirement of a tolerance only if EPA determines
that the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) of the FFDCA
defines ``safe'' to mean that ``there is a reasonable certainty that no
harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.'' 21 U.S.C.
346a(c)(2)(A)(ii). This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(c)(2)(B) of the FFDCA requires EPA, when making a safety
determination concerning an exemption, to take into account, among
other relevant considerations, those listed in section 408(b)(2)(C) and
(D) of the FFDCA. Section 408(b)(2)(C) of the FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .'' Section 408(b)(2)(D) identifies various factors,
including available information on aggregate and cumulative exposure,
for EPA consideration in making a safety determination.
C. When do these actions become effective?
EPA is proposing that these tolerance actions become effective on
the date of publication of the final rule in the Federal Register.
III. Proposed Rule
EPA is proposing this rule to implement the tolerance actions
identified in the September 2021, Lactic Acid ID. As noted in the
Lactic Acid ID, there is an exemption from the requirement of a
tolerance under 40 CFR 180.940(b) for residues of lactic acid when
applied to dairy-processing equipment and food-processing equipment and
utensils, with the limitation that the end-use concentration of lactic
acid does not exceed 138 parts per million (ppm). During registration
review, EPA determined that this exemption is duplicative of another
exemption under 40 CFR 180.940(a) for residues of lactic acid when
applied to food-contact surfaces in public eating places, dairy-
processing equipment, and food-processing equipment and utensils, with
the limitation that the end-use concentration of lactic acid does not
exceed 10,000 ppm. EPA, on its own initiative, is therefore proposing
to remove the duplicative exemption for lactic acid under 40 CFR
180.940(b).
As noted in the Lactic Acid ID, products containing lactic acid are
registered for antimicrobial use as disinfectants, indirect food
contact surface sanitizers, fungicides, and virucides. These products
can be used for hard non-porous surfaces and in laundry machines;
agricultural premises and equipment; food handling storage
establishments, premises, and equipment; commercial, institutional, and
industrial premises and equipment; fruit and vegetable treatment; human
drinking water systems; and storage tanks. During registration review,
EPA determined that residues of lactic acid may be present in or on raw
agricultural commodities as result of its use as a fruit and vegetable
wash. EPA also determined that lactic acid residues may be present in
livestock commodities as a result of animal drinking water coming into
contact with hard non-porous surfaces treated with lactic acid (i.e.,
troughs). The Agency currently does not have data to demonstrate that
there is no reasonable expectation of residues in livestock
commodities. Moreover, lactic acid is ubiquitous in the environment and
occurs naturally in certain foods, such as meat and dairy products,
making it difficult to distinguish lactic acid residues resulting from
animal drinking water versus other sources. EPA, on its own initiative,
therefore proposes to establish exemptions from the requirement of a
tolerance to cover residues of lactic acid in or on all raw
agricultural commodities that may result from its use as a fruit and
vegetable wash, and to cover indirect or inadvertent residues of lactic
acid in or on all livestock commodities that may result from animal
drinking water coming into contact with hard non-porous surfaces
treated with lactic acid (i.e., troughs).
In order to establish tolerances or exemptions from the requirement
of a tolerance, EPA is required to determine that each tolerance or
exemption meets the safety standard of the FFDCA. In the Lactic Acid ID
and other supporting
[[Page 77546]]
documents referenced in this proposed rule, EPA considered the
potential risks from exposure to lactic acid from registered uses and
concluded that those uses did not present risks of concern.
IV. Aggregate Risk Assessment and Determination of Safety
Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure to support the establishment of
exemptions from the requirement of a tolerance for residues of lactic
acid proposed by this action.
The Agency relied on the most current science policies and risk
assessment information in support of the registration review of lactic
acid from the initial round of registration review. In addition, the
Agency considered whether any new data requirements promulgated since
the initial round of registration review warranted the requirement of
additional data for this round of registration review. Based on
available data considered in the initial round of registration review,
the lack of toxicity, and low exposure levels expected from registered
uses, the Agency determined there was no need for new data or a new
human health risk assessment. EPA's assessment of exposures and risks
associated with lactic acid follows.
A. Toxicological Profile
EPA evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA also considered available
information concerning the variability of the sensitivities of major
identifiable subgroups of consumers, including infants and children.
The toxicity profile of lactic acid indicates no significant systemic
toxicity even at high dose levels. Specific information on the studies
received and the nature of the adverse effects caused by lactic acid
from the toxicity studies can be found in the June 2009 document L-
Lactic Acid Final Registration Review Decision, which is available in
docket ID number EPA-HQ-OPP-2008-0383 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
B. Toxicological Points of Departure/Levels of Concern
Based on the low toxicity of lactic acid, the Agency determined
that a quantitative human health risk assessment was not necessary, and
no human health toxicity endpoints for lactic acid were selected.
C. Exposure Assessment
Dietary exposure (food and drinking water). Dietary exposures may
occur from use of lactic acid as an active ingredient on food contact
surfaces, treatment of fruits and vegetables, possibly in livestock
commodities, and from exposure in human drinking water systems. Dietary
exposure may also occur from the use of lactic acid as an inert
ingredient in pesticide formulations applied to growing crops and to
plants after harvest or in antimicrobial formulations applied to food-
contact surfaces. In addition, the U.S. Food and Drug Administration
(FDA) has approved the use of lactic acid as a food additive at levels
up to 138 ppm in sanitizing solutions, which is another source of
dietary exposure. While an exemption from the requirement of a
tolerance has been established for lactic acid when used as a plant
growth regulator, there are no products currently registered by EPA for
the plant growth regulator outdoor use pattern. Dietary exposure is not
expected from use of lactic acid in mosquito control end-use products,
as they are used in traps. Lactic acid occurs naturally in fruit, the
soil, and the bloodstreams of animals, and is added to many foods such
as beer and fermented milk products. It is generally recognized as safe
by FDA. Because of the low toxicity associated with lactic acid, EPA
concluded that dietary exposure through food and drinking water will
not pose a risk of concern. Therefore, EPA determined that dietary and
drinking water exposures and risks do not need to be quantitatively
assessed for lactic acid.
Non-dietary (residential) exposure. Based on the registered uses of
lactic acid as an indirect food-contact sanitizer, disinfectant, and in
indoor/outdoor traps for mosquitoes, there is potential for residential
dermal, inhalation and incidental oral exposure. Exposures and risk as
a result of the registered uses of lactic acid are expected to be
minimal on the basis of the current label restrictions and
precautionary statements, the low concentration of active ingredient in
registered end-use products, and the limited evidence of any adverse
effects. Thus, EPA determined that a quantitative residential exposure
risk assessment is not needed for the registered uses of lactic acid.
Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.'' EPA has not found lactic
acid to share a common mechanism of toxicity with any other substances,
and lactic acid does not appear to produce a toxic metabolite produced
by other substances. For the purposes of this tolerance action,
therefore, EPA has assumed that lactic acid does not have a common
mechanism of toxicity with other substances. For information regarding
EPA's efforts to determine which chemicals have a common mechanism of
toxicity and to evaluate the cumulative effects of such chemicals, see
EPA's website at <a href="https://www.epa.gov/pesticides/cumulative">https://www.epa.gov/pesticides/cumulative</a>.
D. Safety Factor for Infants and Children
Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold (10X) margin of safety for infants and children in
the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. This additional margin of
safety is commonly referred to as the Food Quality Protection Act
(FQPA) safety factor. In applying this provision, EPA either retains
the default value of 10X, or uses a different additional safety factor
when reliable data available to EPA support the choice of a different
factor.
Based on the lack of threshold effects, EPA has not identified any
toxicological endpoints of concern and is conducting a qualitative
assessment of lactic acid. That qualitative assessment does not use
safety factors for assessing risk, and no additional safety factor is
needed for assessing risk to infants and children. Based on an
assessment of lactic acid, EPA has concluded that there are no
toxicological endpoints of concern for the U.S. population, including
infants and children.
E. Aggregate Risks and Determination of Safety
Because no toxicological endpoints of concern were identified, EPA
concludes that aggregate exposure to residues of lactic acid will not
pose a risk to the U.S. population, including infants and children, and
that there is a reasonable certainty that no harm will result to the
[[Page 77547]]
general population, or to infants and children, from aggregate exposure
to lactic acid residues.
Analytical Enforcement Methodology
An analytical method is not required for enforcement purposes since
the Agency is proposing to establish exemptions from the requirement of
a tolerance without any numerical limitation.
V. Conclusion
Therefore, EPA is proposing to remove the duplicative exemption for
residues of lactic acid when used in antimicrobial pesticide
formulations applied to dairy-processing equipment and food-processing
equipment and utensils, and to establish exemptions from the
requirement of a tolerance for residues of lactic acid when used as a
fruit and vegetable wash in or on all raw agricultural commodities, and
for indirect or inadvertent residues of lactic acid in or on all
livestock commodities, when residues are present therein as a result of
animal drinking water coming into contact with hard non-porous surfaces
treated with lactic acid (i.e., troughs).
VI. Statutory and Executive Order Reviews
In this proposed rule, EPA is proposing to establish exemptions
from the requirement of a tolerance under FFDCA section 408, and to
remove an exemption that is not necessary. The Office of Management and
Budget (OMB) has exempted these types of action from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this proposed rule has been
exempted from review under Executive Order 12866, due to its lack of
significance, this proposed rule is not subject to Executive Order
13211, entitled ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22,
2001). This proposed rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.) or impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et seq.). Nor does it require any
special considerations as required by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994); or OMB review or any other Agency action under Executive Order
13045, entitled ``Protection of Children from Environmental Health
Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This proposed
rule does not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act (NTTAA)
(15 U.S.C. 272 note).
Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency previously assessed whether establishment of
tolerances, exemptions from tolerances, raising of tolerance levels,
expansion of exemptions, or revocations might significantly impact a
substantial number of small entities and concluded that, as a general
matter, these actions do not impose a significant economic impact on a
substantial number of small entities. These analyses for tolerance
establishments and modifications, and for tolerance revocations were
published in the Federal Register of May 4, 1981 (46 FR 24950) and
December 17, 1997 (62 FR 66020) (FRL-5753-1), respectively, and were
provided to the Chief Counsel for Advocacy of the Small Business
Administration. Taking into account this analysis, and available
information concerning the pesticides listed in this proposed rule, the
Agency hereby certifies that this proposed rule will not have a
significant negative economic impact on a substantial number of small
entities. Furthermore, for the pesticide named in this proposed rule,
the Agency knows of no extraordinary circumstances that exist as to the
present proposed rule that would change EPA's previous analysis. Any
comments about the Agency's determination should be submitted to the
EPA along with comments on the proposed rule and will be addressed
prior to issuing a final rule.
In addition, the Agency has determined that this proposed rule will
not have a substantial direct effect on States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999). Executive Order 13132 requires EPA to develop
an accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This proposed rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This
proposed rule does not alter the relationships or distribution of power
and responsibilities established by Congress in the preemption
provisions of FFDCA section 408(n)(4). For these same reasons, the
Agency has determined that this proposed rule does not have any
``tribal implications'' as described in Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This proposed rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: November 3, 2023.
Edward Messina,
Director, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR chapter I be amended as
follows:
PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.940, amend paragraph (b) by removing the entry for
``Lactic acid'' from the table.
[[Page 77548]]
0
3. Revise Sec. 180.1090 to read as follows:
Sec. 180.1090 Lactic acid; exemption from the requirement of a
tolerance.
(a) Lactic acid (2-hydroxypropanoic acid) is exempted from the
requirement of a tolerance when used as a plant growth regulator or
fruit and vegetable wash in or on all raw agricultural commodities.
(b) An exemption from the requirement of a tolerance is established
for indirect or inadvertent residues of lactic acid (2-hydroxypropanoic
acid) in or on all livestock commodities, when residues are present
therein as a result of animal drinking water coming into contact with
hard non-porous surfaces treated with lactic acid (i.e., troughs).
[FR Doc. 2023-24925 Filed 11-9-23; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.