7 C.F.R. PART 92—TOBACCO
Title 7 - Agriculture
Authority: 7 U.S.C. 511m, 511r.
Source: 58 FR 42424, Aug. 9, 1993, unless otherwise noted.
Analytical testing of imported flue-cured and burley tobacco is performed for maximum allowable pesticide residue levels. Domestic grown tobacco may also be analyzed for pesticide residues at the Science and Technology's Eastern Laboratory facility. [58 FR 42424, Aug. 9, 1993, as amended at 61 FR 51350, Oct. 2, 1996, 61 FR 55840, Oct. 29, 1996; 65 FR 64315, Oct. 26, 2000] Words used in the regulations in this part in the singular form will import the plural, and vice versa, as the case may demand. As used throughout the regulations in this part, unless the context requires otherwise, the following terms will be construed to mean: Air-cured. Tobacco cured under natural atmospheric conditions. Artificial heat is sometimes used to control excess humidity during the curing period to prevent house-burn, barn-burn and pole-burn in damp weather. Air-cured tobacco should not carry the odor of smoke or fumes resulting from the application of artificial heat. AMS. The abbreviations for the Agricultural Marketing Service (AMS) agency of the United States Department of Agriculture. Burley. A thin to medium-bodied tobacco, usually a light tan to reddish-brown in color. Burley, Type 93. That type of air-cured tobacco commonly known as foreign-grown Burley, produced in countries other than the United States. Certificate of Analysis (Form TB–92). A legal document on which the confirmed test results for official samples will be testified to be correct by a Science and Technology chemist in charge of testing. Cured. Tobacco dried of its sap by either natural or artificial processes. 2,4-D. The common abbreviation for the acid herbicide 2,4-Dichlorophenoxyacetic acid. DBCP. The common abbreviation for the volatile fumigant pesticide 1,2–Dibromo-3-chloropropane. DDE. The common abbreviation for the chlorinated pesticide Dichlorodiphenyldichloroethylene. Degradation product of DDT by loss of one molecule of hydrochloric acid or referred to as a dehydrohalogenation process. DDT. The common abbreviation for Dichloro diphenyl trichloroethane or the common name for the chlorinated insecticide or contact poison 1,1–Bis(p-chlorophenyl)-2,2,2-trichloroethane. Dicamba. The common name for the acid herbicide 2-Methoxy-3,6-dichlorobenzoic acid. EDB. The common abbreviation for Ethylene dibromide or the common name for the volatile fumigant pesticide 1,2–Dibromoethane. Flue-cured. Tobacco cured under artificial atmospheric conditions by a process of regulating the heat and ventilation without allowing smoke or fumes from the fuel to come in contact with the tobacco; or tobacco cured by some other process which accomplishes the same results. Flue-cured, Type 92. That type of flue-cured tobacco commonly known as Foreign-grown Flue-cured, produced in countries other than the United States. Formothion. The common name for the organophosphorus pesticide S-(2-(Formylmethylamino)-2-oxoethyl) O-O-dimethyl phosphorodithioate. HCB. The common abbreviation for the organochlorine pesticide Hexachlorobenzene. Lot. A unit of shipment of tobacco encompassed by a single invoice. The lot may represent a pile, basket, bulk, hack, burden, or more than one bale, case, hogshead, tierce, package, or other definite package unit. Maximum pesticide residue level. The maximum concentration of residue allowable for a specific pesticide or combination of pesticides, as set forth in 7 CFR 29.427 by the AMS Deputy Administrator of the Tobacco Programs. Pesticide. Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. Pesticide certification. A document issued by the Tobacco Programs in a form approved by its AMS Deputy Administrator, containing a certification by the importer that flue-cured and burley tobacco offered for importation does not exceed the maximum allowable residue levels of any pesticide that has been canceled, suspended, revoked, or otherwise prohibited under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Pesticide test sample. An official sample or samples, collected from a lot of tobacco by the AMS Tobacco Programs inspector for analysis by a certified chemist to ascertain the residue levels of pesticides that have been canceled, suspended, revoked, or otherwise prohibited under the FIFRA. Sample Identification Form (Form TB–89). A document titled “Imported Tobacco Pesticide Residue Analysis” that is approved by the AMS Deputy Administrator of the Tobacco Programs that identifies and accompanies the sample to the testing facility. 2,4,5-T. The common abbreviation for the acid herbicide 2,4,5-Trichlorophenoxyacetic acid. TDE. DDD or the common abbreviation for the chlorinated insecticide 1,1-Dichloro-2,2-bis(p-chlorophenyl)ethane (CAS number 72–54–8). Testing. The chemical analysis of a pesticide test sample to determine the presence and levels of pesticide residues. Tobacco. Tobacco as it appears between the time it is cured and stripped from the stalk, or primed and cured, in whole leaf or strip form, and the time it enters into the different manufacturing processes. Conditioning, sweating, stemming, and threshing are not regarded as manufacturing processes. Tobacco, as used in this part, does not include manufactured or semi-manufactured products, stems, cuttings, clippings, trimmings, siftings, or dust. [58 FR 42424, Aug. 9, 1993, as amended at 65 FR 64315, Oct. 26, 2000] (a) The analytical testing of imported Type 92 flue-cured tobacco samples and imported Type 93 burley tobacco samples for maximum pesticide residue level determinations is performed at the AMS Science and Technology's Eastern Laboratory, and is located at: USDA, AMS, Science and Technology, Eastern Laboratory (Chemistry), 645 Cox Road, Gastonia, NC 28054–0614. (b) Domestic-grown tobacco and tobacco products may be analyzed for acid herbicides, chlorinated hydrocarbons, fumigants, and organophosphates at the Science and Technology facility in this section. (c) The Science and Technology facility performs for the AMS Tobacco Programs the quantitative and confirmatory chemical residue analyses on pesticide test samples of imported tobacco for the following specific pesticides: (1) Organochlorine pesticides such as Dichloro-diphenyldichloroethylene (DDE), Dichloro Diphenyl Trichloroethane (DDT), 1,1-Dichloro-2,2-bis(p-chlorophenyl)ethane (TDE), Toxaphene, Endrin, Aldrin, Dieldrin, Heptachlor, Methoxychlor, Chlordane, Heptachlor Epoxide, Hexachlorobenzene (HCB), Cypermethrin, and Permethrin. (2) Organophosphorus pesticides such as Formothion. (3) Fumigants such as Ethylene Dibromide (EDB) and Dibromochloropropane (DBCP). (4) Acid herbicides such as 2,4-D, 2,4,5-T, and Dicamba. [65 FR 64315, Oct. 26, 2000] (a) Form TB–89, “Imported Tobacco Pesticide Residue Analysis” certificate, is enclosed with and identifies the sample submitted to the laboratory. (b) Test results of the pesticide analyses for tobacco shall be recorded on “Certificate of Analysis For Official Samples”, Form TB–92, and shall be expressed as parts by weight of the residue per one million parts by weight of the tobacco sample (parts per million or ppm), which concentration is representative for each particular pesticide residue found in the lot of tobacco. Form TB–92 is attached to Form TB–89 that is returned to the AMS Tobacco Programs. The analytical data on Form TB–92 substantiates the information placed on Form TB–89. [58 FR 42424, Aug. 9, 1993, as amended at 65 FR 64316, Oct. 26, 2000] Every chemist certified to analyze tobacco samples for pesticide residue contamination shall follow precisely the USDA developed analytical test methods and all successive official method updates, as approved by the AMS Deputy Administrator, Science and Technology. Many of the official analyses for tobacco are found in the following manuals: (a) Manual of Analytical Methods for the Analysis of Pesticide Residues in Human and Environmental Samples, EPA 600/9–80–038, U.S. Environmental Protection Agency (EPA) Chemical Exposure Research Branch, EPA Office of Research and Development (ORD), 26 West Martin Luther King Drive, Cincinnati, Ohio 45268. (b) Official Methods of Analysis of AOAC INTERNATIONAL, Volumes I & II, AOAC INTERNATIONAL, 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877–2417. (c) U.S. Food and Drug Administration, Pesticide Analytical Manuals (PAM), Volumes I and II, Food and Drug Administration, Center for Food Safety and Applied Nutrition (CFSAN), 200 C Street, SW, Washington, DC 20204 (available from National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161). [65 FR 64316, Oct. 26, 2000] The fee for the pesticide analysis of tobacco is set by the AMS Tobacco Programs, in conjunction with the AMS Science and Technology program, and appears at 7 CFR 29.500 as part of Tobacco Programs' fees for sampling and certification of imported flue-cured and burley tobacco. A Memorandum of Understanding (MOU) exists between the Tobacco Programs and the Science and Technology (S&T) for the testing of imported tobacco samples for pesticide residue contamination, and the corresponding agreement on the cost of analyses is specified in the MOU. [65 FR 64316, Oct. 26, 2000]
Title 7: Agriculture
PART 92—TOBACCO
Section Contents
§ 92.1 General.
§ 92.2 Definitions.
§ 92.3 Location for laboratory testing and kind of services available.
§ 92.4 Approved forms for reporting analytical results.
§ 92.5 Analytical methods.
§ 92.6 Cost for pesticide analysis set by cooperative agreement.
§ 92.1 General.
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§ 92.2 Definitions.
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§ 92.3 Location for laboratory testing and kind of services available.
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§ 92.4 Approved forms for reporting analytical results.
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§ 92.5 Analytical methods.
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§ 92.6 Cost for pesticide analysis set by cooperative agreement.
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