---
kind: "section"
citation: "40 C.F.R. § 180.4"
title: "40"
number: "180.4"
heading: "Exceptions."
url: "https://uscodex.org/cfr/40/180.4"
---

# §180.4. Exceptions.


The substances listed in this section are excepted from the definitions of “pesticide chemical” and “pesticide chemical residue” under FFDCA [section 201(q)(3)](/cfr/40/201.md?p=q-3) and are therefore exempt from regulation under FFDCA section [402(a)(2)(B)](/cfr/40/402.md?p=a-2-B) and [408](/cfr/40/408.md). These substances are subject to regulation by the Food and Drug Administration as food additives under FFDCA [section 409](/cfr/40/409.md).

- (a) Inert ingredients in food packaging treated with a pesticide, when such inert ingredients are the components of the food packaging material (e.g. paper and paperboard, coatings, adhesives, and polymers).
- (b) [Reserved]

## Notes

### Amendments

[63 FR 10720, Mar. 4, 1998, as amended at 73 FR 54976, Sept. 24, 2008]

### Authority

Authority: 21 U.S.C. 321(q), 346a and 371.

### Source

Source: 36 FR 22540, Nov. 25, 1971, unless otherwise noted.

### Amendments

[63 FR 10720, Mar. 4, 1998, as amended at 73 FR 54976, Sept. 24, 2008]