---
kind: "section"
citation: "40 C.F.R. § 174.508"
title: "40"
number: "174.508"
heading: "Pesticidal substance of a plant-incorporated protectant from a sexually compatible plant created through conventional breeding; exemption from the requirement of a tolerance."
url: "https://uscodex.org/cfr/40/174.508"
---

# §174.508. Pesticidal substance of a plant-incorporated protectant from a sexually compatible plant created through conventional breeding; exemption from the requirement of a tolerance.


Residues of a pesticidal substance are exempt from the requirement of a tolerance if all the following conditions are met:

- (a) The genetic material that encodes for the pesticidal substance or leads to the production of the pesticidal substance is from a plant that is sexually compatible with the recipient food plant.
- (b) The genetic material has never been derived from a source that is not sexually compatible with the recipient food plant.
- (c) The genetic material is transferred from the source plant to the recipient plant only through conventional breeding.
- (d) The residues of the pesticidal substance are not present in food from the plant at levels that are injurious or deleterious to human health.

## Notes

### Amendments

[66 FR 37854, July 19, 2001. Redesignated at 72 FR 20434, April 25, 2007; 88 FR 34779, May 31, 2023]

### Authority

Authority: 7 U.S.C. 136-136y; 21 U.S.C. 321(q), 346a and 371.

### Source

Source: 66 FR 37814, July 19, 2001, unless otherwise noted.

### Amendments

[66 FR 37854, July 19, 2001. Redesignated at 72 FR 20434, April 25, 2007; 88 FR 34779, May 31, 2023]