Rule2026-03368
Imidacloprid; Pesticide Tolerance(s)
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
February 20, 2026
Effective
February 20, 2026
Issuing agencies
Environmental Protection Agency
Abstract
This regulation establishes tolerances for residues of imidacloprid (CASRN 138261-41-3) in or on the food and feed commodities of black pepper at 0.05 parts per million (ppm). Under the Federal Food, Drug, and Cosmetic Act (FFDCA), the American Spice Trade Association submitted a petition to EPA requesting that EPA establish a maximum permissible level for residues of this pesticide in or on this commodities.
Full Text
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<title>Federal Register, Volume 91 Issue 34 (Friday, February 20, 2026)</title>
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[Federal Register Volume 91, Number 34 (Friday, February 20, 2026)]
[Rules and Regulations]
[Pages 8095-8100]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03368]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2024-0630; 13166-01-OCSPP]
Imidacloprid; Pesticide Tolerance(s)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes tolerances for residues of
imidacloprid (CASRN 138261-41-3) in or on the food and feed commodities
of black pepper at 0.05 parts per million (ppm). Under the Federal
Food, Drug, and Cosmetic Act (FFDCA), the American Spice Trade
Association submitted a petition to EPA requesting that EPA establish a
maximum permissible level for residues of this pesticide in or on this
commodities.
DATES: This rule is effective on February 20, 2026. Objections and
requests for hearings must be received on or before April 21, 2026 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of this document).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2024-0631, is available at
<a href="https://www.regulations.gov">https://www.regulations.gov</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: Charles Smith, Registration Division
(7505T), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-2427; email address: <a href="/cdn-cgi/l/email-protection#fba9bfbda9b5948f92989e88bb9e8b9ad59c948d"><span class="__cf_email__" data-cfemail="24766062766a4b504d474157644154450a434b52">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
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 might apply to
them:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> Pesticide manufacturing (NAICS code 32532).
If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.
B. What is EPA's authority for taking this action?
EPA is issuing this rulemaking under section 408 of the Federal
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. FFDCA section
408(b)(2)(A)(i) allows EPA to establish a tolerance (the legal limit
for a pesticide chemical residue in or on a food) only if EPA
determines that the tolerance is ``safe.'' FFDCA section
408(b)(2)(A)(ii) 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.'' This
includes exposure through drinking water and in residential settings
but does not include occupational exposure. FFDCA section 408(b)(2)(C)
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 . . .''
[[Page 8096]]
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. If you fail to file an objection to the
final rule within the time period specified in the final rule, you will
have waived the right to raise any issues resolved in the final rule.
You must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2024-0217 in the subject line on the first page of your submission. All
objections and requests for a hearing must be in writing and must be
received by the Hearing Clerk on or before April 21, 2026.
The EPA's Office of Administrative Law Judges (OALJ), in which the
Hearing Clerk is housed, urges parties to file and serve documents by
electronic means only, notwithstanding any other particular
requirements set forth in other procedural rules governing those
proceedings. See ``Revised Order Urging Electronic Filing and
Service,'' dated June 22, 2023, which can be found at <a href="https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20-%20revised%20order%20urging%20electronic%20filing%20and%20service.pdf">https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20-%20revised%20order%20urging%20electronic%20filing%20and%20service.pdf</a>.
Although the EPA's regulations require submission via U.S. Mail or hand
delivery, the EPA intends to treat submissions filed via electronic
means as properly filed submissions; therefore, the EPA believes the
preference for submission via electronic means will not be prejudicial.
When submitting documents to the OALJ electronically, a person should
utilize the OALJ e-filing system at <a href="https://yosemite.epa.gov/oa/eab/eab-alj_upload.nsf">https://yosemite.epa.gov/oa/eab/eab-alj_upload.nsf</a>.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket at <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 CBI or other
information whose disclosure is restricted by statute. If you wish to
include CBI in your request, please follow the applicable instructions
at <a href="https://www.epa.gov/dockets/commenting-epa-dockets#rules">https://www.epa.gov/dockets/commenting-epa-dockets#rules</a> and clearly
mark the information that you claim to be CBI. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice.
II. Petitioned-For Tolerance
In the Federal Register of July 3, 2025 (90 FR 29515 (FRL-12474-05-
OCSPP)), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
4F-9155) by the American Spice Trade Association. The petition
requested that 40 CFR part 180 be amended by establishing tolerances
for residues of the insecticide imidacloprid in or on black pepper at
0.05 ppm. That document referenced a summary of the petition that was
prepared by the petitioner and is included in the docket.
One comment was received in response to that notice of filing. The
comment expressed disdain for ``chemicals'', without reference to
imidacloprid, or the current tolerance petition. While the Agency
recognizes that some people do not like pesticides, it nevertheless has
a statutory obligation to review pesticide applications and determine
whether use of a pesticide meets the FIFRA and FFDCA/FQPA safety
standards of causing no unreasonable adverse effects to people or the
environment, and to ensure a reasonable certainty of no harm from
potential dietary exposure (including drinking water), respectively.
Here, the Agency has evaluated the aggregate risk of imidacloprid and
has determined that there is a reasonable certainty that no harm will
result to the general population, or to infants and children from
aggregate exposure to imidacloprid residues. The commentor has offered
no relevant information that would warrant a reconsideration of the
Agency's determination.
III. Final Tolerance Action
A. Aggregate Risk Assessment and Determination of Safety
Consistent with FFDCA section 408(b)(2)(D), and the factors
specified therein, 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 for imidacloprid, including exposure resulting from
the tolerances established by this action. EPA's assessment of
exposures and risks associated with imidacloprid is summarized in this
unit.
B. Toxicological Profile
EPA has 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 has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
The primary target system for toxicity following oral
administration of imidacloprid in mammalian systems is the nervous
system. The most sensitive species tested was the dog. Evidence of
neurotoxicity was reported in the subchronic dog study and consisted of
trembling and tremors. Evidence of neurotoxicity was also reported in
the rat acute and developmental neurotoxicity studies (DNT) and
consisted of decreased motor and locomotor activities, tremors, gait
abnormalities, increased righting reflex impairments and body
temperature, decreased number of rears and response to stimuli, and
decreases in forelimb and hindlimb grip strength. These effects were
seen at doses seven-fold higher than in the subchronic dog study. Only
body-weight decrements were observed in mice following chronic
exposure. Imidacloprid showed no signs of toxicity through the dermal
and inhalation routes. There was no evidence of carcinogenic potential
in either the rat chronic/carcinogenicity or mouse carcinogenicity
studies, and imidacloprid was not genotoxic in a variety of assays.
There is no evidence of increased prenatal susceptibility in the
developmental toxicity studies in rats or rabbits; however, there is
evidence of increased quantitative susceptibility in the rat DNT. There
were no maternal effects when imidacloprid was administered to
pregnant/lactating dams, however, decreases in offspring motor activity
measurements were observed at the highest dose tested (55 mg/kg/day).
The apparent increased quantitative susceptibility in the DNT is well-
characterized in the context of the entire hazard database with a clear
NOAEL, and the doses and endpoints selected for regulatory purposes are
protective of the pup effects noted at these higher doses in the DNT
study. There was no evidence of susceptibility observed in the rat two-
generation reproductive study, where decreases in pup body weights
(reported in both litters of each generation) were observed at the same
dose level as parental effects consisting of decreased premating and
gestational absolute body weights. Therefore, the Food Quality
Protection Act Safety Factor (FQPA SF) was reduced to 1X.
Imidacloprid was categorized as having high acute lethality through
the
[[Page 8097]]
oral route (Toxicity Category II), but low lethality through the dermal
and inhalation routes (Toxicity Category IV). Imidacloprid was not an
eye or skin irritant, or a dermal sensitizer.
All of the exposure scenarios and points of departure (POD) for
imidacloprid are based upon an increased incidence of tremors/trembling
occurring within one week of dosing observed in the 90-day dog study at
the lowest-observed adverse-effect level (LOAEL) of 22 mg/kg/day. The
no-observed adverse-effect level (NOAEL) is 8 mg/kg/day. The standard
combined UF of 100X was applied to account for interspecies (10X) and
intraspecies (10X) extrapolation, as well as the 1X FQPA SF to generate
an acute population-adjusted dose (aPAD) and chronic population-
adjusted dose (cPAD) of 0.08 mg/kg/day. The level of concern (LOC) for
short-, intermediate- and long-term incidental oral, dermal and
inhalation exposure scenarios is 100 based on interspecies (10X) and
intraspecies (10X) extrapolation, and an FQPA SF (1X) when applicable.
EPA has classified Imidacloprid as a Group E chemical, ``Evidence of
non-carcinogenicity for humans''.
Specific information on the risk assessment conducted in support of
this action, including on the studies received and the nature of the
adverse effects caused by imidacloprid, can be found in the document
titled ``Imidacloprid. Proposed Tolerance for Residues in/on Imported
Black Pepper'' (hereinafter ``Imidacloprid Human Health Risk
Assessment''), which is available in the docket for this action.
C. Toxicological Points of Departure/Levels of Concern
Once a pesticide's toxicological profile is determined, EPA
identifies toxicological PODs and levels of concern to use in
evaluating the risk posed by human exposure to the pesticide. For
hazards that have a threshold below which there is no appreciable risk,
the toxicological POD is used as the basis for derivation of reference
values for risk assessment. PODs are developed based on a careful
analysis of the doses in each toxicological study to determine the dose
at which no adverse effects are observed (the NOAEL) and the lowest
dose at which adverse effects of concern are identified (the LOAEL).
Uncertainty/safety factors are used in conjunction with the POD to
calculate a safe exposure level, generally referred to as a population-
adjusted dose (PAD) or a reference dose (RfD), and a safe margin of
exposure (MOE). For non-threshold risks, the Agency assumes that any
amount of exposure will lead to some degree of risk. Thus, the Agency
estimates risk in terms of the probability of an occurrence of the
adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see <a href="https://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides">https://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides</a>.
More detailed information on the toxicological endpoints for
imidacloprid used for human health risk assessment can be found in the
Imidacloprid Human Health Risk Assessment, available in the docket for
this action.
D. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to imidacloprid, EPA considered exposure under the petitioned-
for tolerances as well as all existing imidacloprid tolerances in 40
CFR 180.472. The assessments were conducted using the Dietary Exposure
Evaluation Model software with the Food Commodity Intake Database
(DEEM-FCID) Version 4.02. EPA with 2005-2010 food consumption
information from the United States Department of Agriculture's (USDA's)
National Health and Nutrition Examination Survey, What We Eat in
America, (NHANES/WWEIA). The acute and chronic assessments used
tolerance-level residues for most commodities, and 100 PCT for all
commodities. For both the acute and chronic assessment, ARs and
empirical processing factors were calculated for some commodities based
on the results of previously submitted crop field trial and processing
data. Default HED processing factors were used for all other relevant
processed commodities. For more detail, see the ``Imidacloprid. Acute
and Chronic Aggregate Dietary (Food and Drinking Water) Exposure and
Risk Assessment for a New Tolerance for Residues in/on Importer Black
Pepper'' document available in the docket for this action. EPA assessed
dietary exposures from imidacloprid as follows:
i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. Such effects were identified
for imidacloprid. In estimating acute dietary exposure, EPA used food
consumption information from the United States Department of
Agriculture (USDA) 2005-2010 National Health and Nutrition Examination
Survey, What We Eat in America, (NHANES/WWEIA). As to residue levels in
food, EPA conducted a partially refined, acute dietary exposure
assessment using tolerance-level residues for most commodities, with
refined values based upon ARs and empirical processing factors for some
commodities. EPA assumed 100 percent crop treated (PCT) for all
commodities for the acute dietary assessment.
ii. Chronic exposure. In estimating chronic dietary exposure, EPA
used food consumption information from the United States Department of
Agriculture (USDA) 2005-2010 National Health and Nutrition Examination
Survey, What We Eat in America, (NHANES/WWEIA). As to residue levels in
food, EPA conducted a partially refined, chronic dietary exposure
assessment using tolerance-level residues for most commodities, with
refined values based upon ARs and empirical processing factors for some
commodities. EPA assumed 100 percent crop treated (PCT) for all
commodities for the chronic dietary assessment.
iii. Cancer. Imidacloprid has been classified as a Group E
chemical, ``Evidence of non-carcinogenicity for humans,'' and therefore
a cancer dietary assessment was not conducted.
iv. Anticipated residue and PCT information. FFDCA section
408(b)(2)(E) authorizes EPA to use available data and information on
the anticipated residue (AR) levels of pesticide residues in food and
the actual levels of pesticide residues that have been measured in
food. If EPA relies on such information, EPA must require pursuant to
FFDCA section 408(f)(1) that data be provided 5 years after the
tolerance is established, modified, or left in effect, demonstrating
that the levels in food are not above the levels anticipated. EPA
assumed 100 PCT for both the acute and chronic dietary assessments for
this action.
2. Dietary exposure from drinking water. Based on the Pesticide in
Water Calculator's (PWC) version 1.52, the estimated drinking water
concentrations (EDWCs) of imidacloprid in groundwater are 92 parts per
billion (ppb) for acute exposures and 84.9 ppb for chronic exposures.
Groundwater EDWCs were used in the dietary assessment for all sources
of drinking water. Further information regarding EPA drinking water
models used in pesticide exposure assessment can be found at <a href="https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/models-pesticide-risk-assessment">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/models-pesticide-risk-assessment</a>.
3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure
[[Page 8098]]
(e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). There are no new
proposed residential uses for imidacloprid at this time. However,
imidacloprid is currently registered for uses that could result in
residential handler and post-application exposures, which have been
assessed previously, and are not of concern.
4. 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.'' In 2016, EPA's Office of
Pesticide Programs released a guidance document entitled ``Pesticide
Cumulative Risk Assessment: Framework for Screening Analysis.'' The
Agency has utilized this framework for imidacloprid and determined that
imidacloprid along with clothianidin, acetamiprid, dinotefuran,
nithiazine, and thiacloprid form a candidate common mechanism group
(CMG). This group of pesticides, referred to as neonicotinoids, is
considered a candidate CMG because they share characteristics to
support a testable hypothesis for a common mechanism of action for
neonicotinoids.
Following this determination, the Agency conducted a screening-
level cumulative risk assessment consistent with the 2016 guidance
document. The current screening assessment indicates that cumulative
risk estimates for neonicotinoids are below the Agency's levels of
concern. No further cumulative evaluation is necessary for
imidacloprid.
E. Safety Factor for Infants and Children
1. In general. FFDCA section 408(b)(2)(C) 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 (SF). 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.
EPA continues to conclude that there are reliable data to support
the reduction of the 10X Food Quality Protection Act (FQPA) safety
factor to 1X. See section 4.4 of the Imidacloprid Human Health Risk
Assessment for more detail on this determination.
F. Aggregate Risks and Determination of Safety
EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing dietary exposure estimates to the acute
population adjusted dose (aPAD) and the chronic population adjusted
dose (cPAD). Short-, intermediate-, and chronic term aggregate risks
are evaluated by comparing the estimated total food, water, and
residential exposure to the appropriate points of departure to ensure
that an adequate MOE exists.
1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, EPA has concluded that acute exposure to
imidacloprid from food and water is 86% of the aPAD for children 1-2
years old, the population group receiving the greatest exposure.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
imidacloprid from food and water is 32% of the cPAD for children 1-2
years old, the population group receiving the greatest exposure.
3. Short- and intermediate-term risk. Short-term aggregate exposure
takes into account short-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). Imidacloprid is currently registered for uses that could result
in short-term residential exposure, and the Agency has determined that
it is appropriate to aggregate chronic exposure through food and water
with short-term residential exposures to imidacloprid. Using the
exposure assumptions described in this unit for short-term exposures,
the children and adult MOEs are greater than their respective LOCs of
100. As a result, the short-term aggregate risk estimates are not of
concern for the general U.S. population or any population subgroup.
Intermediate- and long-term aggregate exposure takes into account
intermediate-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level). For
imidacloprid, though there is potential for intermediate-term
residential exposure from the registered pet collar and spot-on uses,
an intermediate-term aggregate assessmen is not required. The short-
and intermediate-term toxicological endpoints are the same, and the
exposures assessed in the short-term aggregate (adults- combined dermal
post-application exposures from contacting treated lawns and gardens;
and children--combined dermal and hand-to-mouth from contacting treated
turf) are greater than intermediate-term exposure estimates. Therefore,
the estimates of risk for short-term duration exposures are protective
of those for intermediate-term duration exposures.
4. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in two adequate rodent carcinogenicity
studies, cancer aggregate risk assessments were not performed.
Imidacloprid is classified as a Group E chemical, ``Evidence of non-
carcinogenicity for humans''.
5. Determination of safety. Based on these risk assessments, and
information described above, EPA concludes that there is a reasonable
certainty that no harm will result to the general population, or to
infants and children, from aggregate exposure to imidacloprid residues.
More detailed information on this action can be found in the,
``Imidacloprid. Proposed Tolerance for Residues in/on Imported Black
Pepper'' Human Health Risk Assessment in the docket ID EPA-HQ-OPP-2024-
0630.
IV. Other Considerations
A. Analytical Enforcement Methodology
An adequate enforcement methodology as described in the supporting
documents is available to enforce the tolerance expressions. Methodoloy
is available to determine imidacloprid residues of concern in plant
[Bayer gas chromatography/mass spectrometry (GC/MS) Method 00200] and
livestock commodities (Bayer GC/MS Method 00191). These methods have
undergone successful EPA petition method validations (PMV), and the
registrant has fulfilled the remaining requirements for additional raw
data, method validation, independent laboratory validation (ILV), and
an acceptable confirmatory method [high-performance liquid
chromatography/ultraviolet (HPLC/UV) Method 00357].
The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number: (410) 305-2905; email address:
<a href="/cdn-cgi/l/email-protection#453720362c2130202820312d2a2136052035246b222a33"><span class="__cf_email__" data-cfemail="ff8d9a8c969b8a9a929a8b97909b8cbf9a8f9ed1989089">[email protected]</span></a>.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with
[[Page 8099]]
international standards whenever possible, consistent with U.S. food
safety standards and agricultural practices. EPA considers the
international maximum residue limits (MRL) established by the Codex
Alimentarius Commission (Codex), as required by FFDCA section
408(b)(4). The Codex Alimentarius is a joint United Nations Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
Neither Codex nor Canada's Pest Management Regulatory Agency (PMRA)
have established a MRL for imidacloprid in/on black pepper. Therefore,
there are no harmonization issues regarding the establishment of a
tolerance without a U.S. registration on black pepper.
C. Effective and Expiration Date(s)
In general, a tolerance action is effective on the date of
publication of the final rule in the Federal Register. For actions in
the final rule that lower or revoke existing tolerances, EPA will set
an expiration date for the existing tolerance of six months after the
date of publication of the final rule in the Federal Register, in order
to allow a reasonable interval for producers in exporting members of
the World Trade Organization's (WTO's) Sanitary and Phytosanitary (SPS)
Measures Agreement to adapt to the requirements.
V. Conclusion
Therefore, a tolerance is established for residues of imidacloprid
(CASRN 138261-41-3), in or the food and feed commodities of black
pepper at 0.05 ppm.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review
This action is exempt from review under Executive Order 12866 (58
FR 51735, October 4, 1993), because it establishes or modifies a
pesticide tolerance or a tolerance exemption under FFDCA section 408 in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 (90 FR 9065, February 6, 2025) does not apply
because actions that establish a tolerance under FFDCA section 408 are
exempted from review under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA 44 U.S.C. 3501 et seq., because it does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
Since tolerance actions that are established on the basis of a
petition under FFDCA section 408(d), such as the tolerances in this
final rule, do not require the issuance of a proposed rule, the
requirements of the RFA, 5 U.S.C. 601 et seq., do not apply to this
action.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more (in 1995 dollars and adjusted annually for inflation) as described
in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely
affect small governments. The action imposes no enforceable duty on any
state, local or tribal governments or on the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will
not 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.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will
not have substantial direct effects on tribal governments, 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.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because tolerance actions like this one are exempt from
review under Executive Order 12866. However, EPA's 2021 Policy on
Children's Health applies to this action. This rule finalizes tolerance
actions under the FFDCA, which 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 . .
.'' (FFDCA 408(b)(2)(C)). The Agency's consideration is summarized in
Unit III.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211 (66 FR 28355)
(May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer Advancement Act (NTTAA)
This action does not involve technical standards that would require
Agency consideration under NTTAA section 12(d), 15 U.S.C. 272.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: February 17, 2026.
Charles Smith,
Director, Registration Division Office of Pesticide Programs.
For the reasons set forth in the preamble, EPA is amending 40 CFR
chapter I as follows:
[[Page 8100]]
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. 180.472, amend the table in paragraph (a) by:
0
a. Adding the heading, ``Table 1 to Paragraph (a)'';
0
b. Adding in alphabetical order an entry for ``Pepper, Black''; and
0
c. Adding an end note 1.
The additions read as follows:
Sec. 180.472 Imidacloprid; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * * * *
Pepper, Black \1\.................................... 0.05
* * * * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations for this commodity as of February
20, 2026.
* * * * *
[FR Doc. 2026-03368 Filed 2-19-26; 8:45 am]
BILLING CODE 6560-50-P
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