cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
880 rows where part_number = 180 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: title_name, subchapter, part_name, subpart, subpart_name
part_number 1
- 180 · 880 ✖
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 17:17:2.0.1.1.32.0.1.1 | 17 | Commodity and Securities Exchanges | I | 180 | PART 180—PROHIBITION AGAINST MANIPULATION | § 180.1 Prohibition on the employment, or attempted employment, of manipulative and deceptive devices. | CFTC | (a) It shall be unlawful for any person, directly or indirectly, in connection with any swap, or contract of sale of any commodity in interstate commerce, or contract for future delivery on or subject to the rules of any registered entity, to intentionally or recklessly: (1) Use or employ, or attempt to use or employ, any manipulative device, scheme, or artifice to defraud; (2) Make, or attempt to make, any untrue or misleading statement of a material fact or to omit to state a material fact necessary in order to make the statements made not untrue or misleading; (3) Engage, or attempt to engage, in any act, practice, or course of business, which operates or would operate as a fraud or deceit upon any person; or, (4) Deliver or cause to be delivered, or attempt to deliver or cause to be delivered, for transmission through the mails or interstate commerce, by any means of communication whatsoever, a false or misleading or inaccurate report concerning crop or market information or conditions that affect or tend to affect the price of any commodity in interstate commerce, knowing, or acting in reckless disregard of the fact that such report is false, misleading or inaccurate. Notwithstanding the foregoing, no violation of this subsection shall exist where the person mistakenly transmits, in good faith, false or misleading or inaccurate information to a price reporting service. (b) Nothing in this section shall be construed to require any person to disclose to another person nonpublic information that may be material to the market price, rate, or level of the commodity transaction, except as necessary to make any statement made to the other person in or in connection with the transaction not misleading in any material respect. (c) Nothing in this section shall affect, or be construed to affect, the applicability of Commodity Exchange Act section 9(a)(2). | |||||||
| 17:17:2.0.1.1.32.0.1.2 | 17 | Commodity and Securities Exchanges | I | 180 | PART 180—PROHIBITION AGAINST MANIPULATION | § 180.2 Prohibition on price manipulation. | CFTC | It shall be unlawful for any person, directly or indirectly, to manipulate or attempt to manipulate the price of any swap, or of any commodity in interstate commerce, or for future delivery on or subject to the rules of any registered entity. | |||||||
| 21:21:3.0.1.1.11.1.1.1 | 21 | Food and Drugs | I | B | 180 | A | Subpart A—General Provisions | § 180.1 General. | FDA | [42 FR 14636, Mar. 15, 1977, as amended at 42 FR 15674, Mar. 22, 1977; 42 FR 52821, Sept. 30, 1977; 46 FR 8952, Jan. 27, 1981; 46 FR 14340, Feb. 27, 1981; 50 FR 7492, Feb. 22, 1985; 54 FR 39634, Sept. 27, 1989] | (a) Substances having a history of use in food for human consumption or in food contact surfaces may at any time have their safety or functionality brought into question by new information that in itself is not conclusive. An interim food additive regulation for the use of any such substance may be promulgated in this subpart when new information raises a substantial question about the safety or functionality of the substance but there is a reasonable certainty that the substance is not harmful and that no harm to the public health will result from the continued use of the substance for a limited period of time while the question raised is being resolved by further study. (b) No interim food additive regulation may be promulgated if the new information is conclusive with respect to the question raised or if there is a reasonable likelihood that the substance is harmful or that continued use of the substance will result in harm to the public health. (c) The Commissioner, on his own initiative or on the petition of any interested person, pursuant to part 10 of this chapter, may propose an interim food additive regulation. A final order promulgating an interim food additive regulation shall provide that continued use of the substance in food is subject to each of the following conditions: (1) Use of the substance in food or food contact surfaces must comply with whatever limitations the Commissioner deems to be appropriate under the circumstances. (2) Within 60 days following the effective date of the regulation, an interested person shall satisfy the Commissioner in writing that studies adequate and appropriate to resolve the questions raised about the substance have been undertaken, or the Food and Drug Administration may undertake the studies. The Commissioner may extend this 60-day period if necessary to review and act on proposed protocols. If no such commitment is made, or adequate and appropriate studies are not undertaken, an order shall immediately be published in the Federal Register revoking the int… | ||||
| 21:21:3.0.1.1.11.2.1.1 | 21 | Food and Drugs | I | B | 180 | B | Subpart B—Specific Requirements for Certain Food Additives | § 180.22 Acrylonitrile copolymers. | FDA | [42 FR 14636, Mar. 15, 1977, as amended at 47 FR 11850, Mar. 19, 1982; 54 FR 24899, June 12, 1989; 61 FR 14246, Apr. 1, 1996] | Acrylonitrile copolymers may be safely used on an interim basis as articles or components of articles intended for use in contact with food, in accordance with the following prescribed conditions: (a) Limitations for acrylonitrile monomer extraction for finished food-contact articles, determined by a method of analysis titled “Gas-Solid Chromatographic Procedure for Determining Acrylonitrile Monomer in Acrylonitrile-Containing Polymers and Food Simulating Solvents,” which is incorporated by reference. Copies are available from the Center for Food Safety and Applied Nutrition (HFS-200), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) In the case of single-use articles having a volume to surface ratio of 10 milliliters or more per square inch of food contact surface—0.003 milligram/square inch when extracted to equilibrium at 120 °F with food-simulating solvents appropriate to the intended conditions of use. (2) In the case of single-use articles having a volume to surface ratio of less than 10 milliliters per square inch of food contact surface—0.3 part per million calculated on the basis of the volume of the container when extracted to equilibrium at 120 °F with food-simulating solvents appropriate to the intended conditions of use. (3) In the case of repeated-use articles—0.003 milligram/square inch when extracted at a time equivalent to initial batch usage utilizing food-simulating solvents and temperatures appropriate to the intended conditions of use. The food-simulating solvents shall include, where applicable, distilled water, 8 percent or 50 percent ethanol, 3 percent acetic acid, and either n -heptane or an appropriate oil or fat. (b) Where necessary, current regulations permitting the use of acrylonitrile c… | ||||
| 21:21:3.0.1.1.11.2.1.2 | 21 | Food and Drugs | I | B | 180 | B | Subpart B—Specific Requirements for Certain Food Additives | § 180.25 Mannitol. | FDA | [42 FR 14636, Mar. 15, 1977, as amended at 49 FR 5610, Feb. 14, 1984; 61 FR 7991, Mar. 1, 1996; 69 FR 65542, Nov. 15, 2004] | (a) Mannitol is the chemical 1,2,3,4,5,6,-hexanehexol (C 6 H 14 O 6 ) a hexahydric alcohol, differing from sorbitol principally by having a different optical rotation. Mannitol is produced by one of the following processes: (1) The electrolytic reduction or transition metal catalytic hydrogenation of sugar solutions containing glucose or fructose. (2) The fermentation of sugars or sugar alcohols such as glucose, sucrose, fructose, or sorbitol using the yeast Zygosaccharomyces rouxii. (3) A pure culture fermentation of sugars such as fructose, glucose, or maltose using the nonpathogenic, nontoxicogenic bacterium Lactobacillus intermedius ( fermentum ). (b) The ingredient meets the specifications of the “Food Chemicals Codex,” 3d Ed. (1981), pp. 188-190, which is incorporated by reference. Copies may be obtained from the National Academy Press, 2101 Constitution Ave. NW., Washington, DC 20418, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) The ingredient is used as an anticaking agent and free-flow agent as defined in § 170.3(o)(1) of this chapter, formulation aid as defined in § 170.3(o)(14) of this chapter, firming agent as defined in § 170.3(o)(10) of this chapter, flavoring agent and adjuvant as defined in § 170.3(o)(12) of this chapter, lubricant and release agent as defined in § 170.3(o)(18) of this chapter, nutritive sweetener as defined in § 170.3(o)(21) of this chapter, processing aid as defined in § 170.3(o)(24) of this chapter, stabilizer and thickener as defined in § 170.3(o)(28) of this chapter, surface-finishing agent as defined in § 170.3(o)(30) of this chapter, and texturizer as defined in § 170.3(o)(32) of this chapter. (d) The ingredient is used in food at levels not to exceed 98 percent in pressed mints and 5 percent in all other hard candy and cough drops as defined in § 17… | ||||
| 21:21:3.0.1.1.11.2.1.3 | 21 | Food and Drugs | I | B | 180 | B | Subpart B—Specific Requirements for Certain Food Additives | § 180.37 Saccharin, ammonium saccharin, calcium saccharin, and sodium saccharin. | FDA | [42 FR 14636, Mar. 15, 1977, as amended at 49 FR 5610, Feb. 14, 1984; 72 FR 10357, Mar. 8, 2007; 78 FR 71467, Nov. 29, 2013] | The food additives saccharin, ammonium saccharin, calcium saccharin, and sodium saccharin may be safely used as sweetening agents in food in accordance with the following conditions, if the substitution for nutritive sweeteners is for a valid special dietary purpose and is in accord with current special dietary food regulations and policies or if the use or intended use is for an authorized technological purpose other than calorie reduction: (a) Saccharin is the chemical, 1,2-benzisothiazolin-3-one - 1,1 - dioxide (C 7 H 5 NO 3 S). The named salts of saccharin are produced by the additional neutralization of saccharin with the proper base to yield the desired salt. (b) The food additives meet the specifications of the Food Chemicals Codex, 7th ed. (2010), pp. 52-54, 153-154, 898-899, 961-962, which is incorporated by reference. The Director of the Office of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies from the United States Pharmacopeial Convention, 12601 Twinbrook Pkwy., Rockville, MD 20852 (Internet address http://www.usp.org ). Copies may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (c) Authority for such use shall expire when the Commissioner receives the final reports on the ongoing studies in Canada and publishes an order on the safety of saccharin and its salts based on those reports and other available data. (d) The additives are used or intended for use as a sweetening agent only in special dietary foods, as follows: (1) In beverages, fruit juice drinks, and bases or mixes when prepared for consumption in accordance with directions, in amounts not to exceed 12 milligrams of the additive, … | ||||
| 24:24:1.2.1.1.11.1.67.1 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | A | Subpart A—General Information | § 180.100 Definitions. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 64 FR 3801, Jan. 25, 1999; 72 FR 53879, Sept. 20, 2007; 74 FR 4635, Jan. 26, 2009] | As used in this part: (a) The terms ALJ, Department, Fair Housing Act, General Counsel, and HUD are defined in 24 CFR part 5, subpart A. (b) The terms Aggrieved Person, Assistant Secretary, Attorney General, Discriminatory Housing Practice, Person, and State are defined in 24 CFR part 103, subpart A. (c) Other terms used in this part are defined as follows: Agency has the same meaning as HUD. Applicant and Application have the meanings provided in 24 CFR 1.2 or 24 CFR 8.3, as applicable. Charge means the statement of facts issued under 24 CFR 103.405 upon which HUD has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur. Complaint means a complaint filed under the statutes covered by this part. Complainant means the person (including the Assistant Secretary) who filed a complaint under the statutes covered by this part. Docket Clerk is the docket clerk for HUD's Office of Hearings and Appeals, 451 7th Street, SW., Room B-133, Washington, DC 20410. The telephone number is 202-254-0000 and the facsimile number is 202-619-7304. Fair Housing Act matters refers to proceedings under this part pursuant to the Fair Housing Act and the implementing regulations at 24 CFR parts 100 and 103. Federal financial assistance has the meaning provided in 24 CFR 1.2, 6.3, 8.3, or 146.7, as applicable. Hearing means a trial-type proceeding that involves the submission of evidence, either by oral presentation or written submission, and briefs and oral arguments on the evidence and applicable law. Intervenor is a person entitled by law or permitted by the ALJ to participate as a party. Non-Fair Housing Act matters refers to proceedings under this part pursuant to: (1) Title VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000d-1) and the implementing regulations at 24 CFR part 1; (2) Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794) and the implementing regulations at 24 CFR part 8; (3) The Age Discriminatio… | ||||
| 24:24:1.2.1.1.11.1.67.2 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | A | Subpart A—General Information | § 180.105 Scope of rules. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 64 FR 3801, Jan. 25, 1999; 74 FR 4636, Jan. 26, 2009] | (a) This part contains the rules of practice and procedure applicable to administrative proceedings before an ALJ under the following authorities: (1) The Fair Housing Act (42 U.S.C. 3601-3619) and the implementing regulations at 24 CFR parts 100 and 103, where no election to proceed in federal district court has been made; (2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), and the implementing regulations at 24 CFR part 1; (3) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the implementing regulations at 24 CFR part 8; (4) The Age Discrimination Act of 1975 (42 U.S.C. 6103), and the implementing regulations at 24 CFR part 146; and (5) Section 109 of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301-5321) and implementing regulations at 24 CFR part 6. (b) In the absence of a specific provision, the Federal Rules of Civil Procedure shall serve as a general guide. (c) Hearings under this part shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record. (d) Except to the extent that a waiver would otherwise be contrary to law, the ALJ may, after adequate notice to all interested persons, modify or waive any of the rules in this part upon a determination that no person will be prejudiced and that the ends of justice will be served. (e) All pleadings, correspondence, exhibits, transcripts of testimony, exceptions, briefs, decisions, and other documents filed in any proceeding may be inspected in the Docket Clerk's office during regular business hours. | ||||
| 24:24:1.2.1.1.11.2.67.1 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | B | Subpart B—Administrative Law Judge | § 180.200 Designation. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 73 FR 13723, Mar. 13, 2008] | Proceedings under this part shall be presided over by an ALJ appointed under 5 U.S.C. 3105. | ||||
| 24:24:1.2.1.1.11.2.67.2 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | B | Subpart B—Administrative Law Judge | § 180.205 Authority. | HUD | The ALJ shall have all powers necessary to conduct fair, expeditious and impartial hearings, including the power to: (a) Administer oaths and affirmations and examine witnesses; (b) Rule on offers of proof and receive evidence; (c) Take depositions or have depositions taken when the ends of justice would be served; (d) Regulate the course of the hearing and the conduct of persons at the hearing; (e) Hold conferences for the settlement or simplification of the issues by consent of the parties; (f) Rule on motions, procedural requests, and similar matters; (g) Make and issue initial decisions; (h) Impose appropriate sanctions against any person failing to obey an order, refusing to adhere to reasonable standards of orderly and ethical conduct, or refusing to act in good faith; (i) Issue subpoenas if authorized by law; and (j) Exercise any other powers necessary and appropriate for the purpose and conduct of the proceeding as authorized by the rules in this part or in conformance with statute, including 5 U.S.C. 551-59. | |||||
| 24:24:1.2.1.1.11.2.67.3 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | B | Subpart B—Administrative Law Judge | § 180.210 Withdrawal or disqualification of ALJ. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 73 FR 13723, Mar. 13, 2008; 87 FR 8197, Feb. 14, 2022] | (a) Disqualification. If an ALJ finds that there is a basis for his/her disqualification in a proceeding, the ALJ shall withdraw from the proceeding. Withdrawal is accomplished by entering a notice in the record and providing a copy of the notice to the Chief Administrative Law Judge. (b) Motion for recusal. If a party believes that the presiding ALJ should be disqualified for any reason, the party may file a motion to recuse with the ALJ. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. The ALJ shall rule on the motion, stating the grounds therefor. (c) Redesignation of ALJ. If an ALJ is disqualified, another ALJ shall be designated to preside over further proceedings. | ||||
| 24:24:1.2.1.1.11.2.67.4 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | B | Subpart B—Administrative Law Judge | § 180.215 Ex parte communications. | HUD | (a) An ex parte communication is any direct or indirect communication concerning the merits of a pending proceeding, made by a party in the absence of any other party, to the presiding ALJ, and which was neither on the record nor on reasonable prior notice to all parties. Ex parte communications do not include communications made for the sole purpose of scheduling hearings, requesting extensions of time, or requesting information on the status of cases. (b) Ex parte communications are prohibited. (c) If the ALJ receives an ex parte communication that the ALJ knows or has reason to believe is prohibited, the ALJ shall promptly place the communication, or a written statement of the substance of the communication, in the record and shall furnish copies to all parties. Unauthorized communications shall not be taken into consideration in deciding any matter in issue. Any party making a prohibited ex parte communication may be subject to sanctions including, but not limited to, exclusion from the proceeding and an adverse ruling on the issue that is the subject of the prohibited communication. | |||||
| 24:24:1.2.1.1.11.2.67.5 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | B | Subpart B—Administrative Law Judge | § 180.220 Separation of functions. | HUD | No officer, employee, or agent of the Federal Government engaged in the performance of investigative, conciliatory, or prosecutorial functions in connection with the proceeding shall, in that proceeding or any factually related proceeding under this part, participate or advise in the decision of the ALJ, except as a witness or counsel during the proceedings or in its appellate review. | |||||
| 24:24:1.2.1.1.11.3.67.1 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | C | Subpart C—Parties | § 180.300 Rights of parties. | HUD | Each party may appear in person, be represented by counsel, examine or cross-examine witnesses, introduce documentary or other relevant evidence into the record and, in Fair Housing Act matters, request the issuance of subpoenas. | |||||
| 24:24:1.2.1.1.11.3.67.2 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | C | Subpart C—Parties | § 180.305 Representation. | HUD | (a) HUD is represented by the General Counsel. (b) Any party may appear on his/her/its own behalf or by an attorney. Each party or attorney shall file a notice of appearance. The notice must identify the matter before the ALJ, the party on whose behalf the appearance is made, and the mailing address and telephone number of the person appearing. Similar notice shall also be given for any withdrawal of appearance. (c) An attorney must be admitted to practice before a Federal Court or the highest court in any State. The attorney's representation that he/she is in good standing before any of these courts is sufficient evidence of the attorney's qualifications under this section, unless otherwise ordered by the ALJ. | |||||
| 24:24:1.2.1.1.11.3.67.3 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | C | Subpart C—Parties | § 180.310 Parties. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 64 FR 3801, Jan. 25, 1999] | (a) Parties to proceedings under this part are HUD, the respondent(s), and any intervenors. Respondents include persons named as such in a charge issued under 24 CFR part 103 and Recipients/applicants named as respondents in hearing notices issued under 24 CFR parts 1, 6, 8 or 146 and notices of proposed adverse action under this part. (b) An aggrieved person is not a party but may file a motion to intervene. Requests for intervention shall be filed within 50 days after the filing of the charge; however, the ALJ may allow intervention beyond that time. An intervenor's right to participate as a party may be restricted by order of the ALJ pursuant to statute, the rules in this part or other applicable law. Intervention shall be permitted if the person requesting intervention is (1) The aggrieved person on whose behalf the charge is issued; or (2) An aggrieved person who claims an interest in the property or transaction that is the subject of the charge and the disposition of the charge may, as a practical matter, impair or impede this person's ability to protect that interest, unless the aggrieved person is adequately represented by the existing parties. (c) A complainant in a non-Fair Housing Act matter is not a party but may file a motion to become an amicus curiae. (d) Any person may file a petition to participate in a proceeding under this part as an amicus curiae. An amicus curiae is not a party to the proceeding and may not introduce evidence at the hearing. (1) A petition to participate as amicus curiae shall be filed before the commencement of the hearing, unless the petitioner shows good cause for filing the petition later. The petition may be granted if the ALJ finds that the petitioner has a legitimate interest in the proceedings, and that such participation will not unduly delay the outcome and may contribute materially to the proper disposition thereof. (2) The amicus curiae may submit briefs within time limits set by the ALJ or by the Secretary in the event of an appeal to the Secretary. (3) W… | ||||
| 24:24:1.2.1.1.11.3.67.4 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | C | Subpart C—Parties | § 180.315 Standards of conduct. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 73 FR 13723, Mar. 13, 2008; 87 FR 8197, Feb. 14, 2022] | (a) All persons appearing in proceedings under this part shall act with integrity and in an ethical manner. (b) The ALJ may exclude parties or their representatives for refusal to comply with directions, continued use of dilatory tactics, refusal to adhere to reasonable standards of orderly and ethical conduct, failure to act in good faith, or violations of the prohibitions against ex parte communications. An attorney who is suspended or barred from participation may appeal to another ALJ designated by the Chief Administrative Law Judge. The proceeding will not be delayed or suspended pending disposition on the appeal, except that the ALJ shall suspend the proceeding for a reasonable time to enable the party to obtain another attorney. | ||||
| 24:24:1.2.1.1.11.4.67.1 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.400 Service and filing. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 74 FR 4636, Jan. 26, 2009; 87 FR 8197, Feb. 14, 2022] | (a) Service —(1) Service by the Office of Hearings and Appeals. The Office of Hearings and Appeals shall serve all notices, orders, decisions and other such documents by mail to each party and amicus curiae at the last known address. (2) Service by others. A copy of each filed document shall be served on each party and each amicus curiae. Service shall be made upon counsel if a party is represented by counsel. Service on counsel shall constitute service on the party. Service may be made to the last known address by first-class mail or other more expeditious means, such as: (i) Hand delivery to the person to be served or a person of suitable age and discretion at the place of business, residence, or usual place of abode of the person to be served; (ii) Overnight delivery; or (iii) Facsimile transmission or electronic means. The ALJ may place appropriate limits on service by facsimile transmission or electronic means. (3) Certificate of service. Every document served shall be accompanied by a certificate of service containing a statement as to the date of service, the method of service, the parties served and the address at which they were served, which is signed and dated by the person making service. (b) Filing —(1) Method. All documents shall be filed with the Docket Clerk. Filing may be by first class mail, delivery, facsimile transmission, or electronic means; however, the ALJ may place appropriate limits on filing by facsimile transmission or electronic means. (2) Form. Every pleading, motion, brief, or other document shall contain a caption setting forth the title of the proceeding, the docket number assigned by the Office of Hearings and Appeals, and the designation of the type of document (e.g., charge, motion). (3) Signature. Every document filed by a party shall be signed by the party or the party's attorney and must include the signer's address and telephone number. The signature constitutes a certification that: the signer has read the document; to the best of the signer's knowled… | ||||
| 24:24:1.2.1.1.11.4.67.10 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.445 Settlement negotiations before a settlement judge. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 73 FR 13723, Mar. 13, 2008; 87 FR 8197, Feb. 14, 2022] | (a) Appointment of settlement judge. The ALJ, upon the motion of a party or upon his or her own motion, may request the Chief Administrative Law Judge to appoint another ALJ to conduct settlement negotiations. The order shall direct the settlement judge to report to the presiding ALJ within specified time periods. (b) Duties of settlement judge. (1) The settlement judge shall convene and preside over conferences and settlement negotiations between the parties and assess the practicalities of a potential settlement. (2) The settlement judge shall report to the presiding ALJ describing the status of the settlement negotiations, evaluating settlement prospects, and recommending the termination or continuation of the settlement negotiations. (c) Termination of settlement negotiations. Settlement negotiations shall terminate upon the order of the presiding ALJ issued after consultation with the settlement judge. The conduct of settlement negotiations shall not unduly delay the commencement of the hearing. | ||||
| 24:24:1.2.1.1.11.4.67.11 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.450 Resolution of charge or notice of proposed adverse action. | HUD | At any time before a final decision is issued, the parties may submit to the ALJ an agreement resolving the charge or notice of proposed adverse action. A charge under the Fair Housing Act can only be resolved with the agreement of the aggrieved person on whose behalf the charge was issued. If the agreement is in the public interest, the ALJ shall accept it by issuing an initial decision and consent order based on the agreement. | |||||
| 24:24:1.2.1.1.11.4.67.2 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.405 Time computations. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 74 FR 4636, Jan. 26, 2009] | (a) In computing time under this part, the time period begins the day following the act, event, or default and includes the last day of the period, unless the last day is a Saturday, Sunday, or legal holiday observed by the Federal Government, in which case the time period includes the next business day. (b) Modification of time periods. Except for time periods required by statute, the ALJ may enlarge or reduce any time period required under this part where necessary to avoid prejudicing the public interest or the rights of the parties. Requests for extension of time should set forth the reasons for the request. (c) Entry of orders. In computing any time period involving the date of the ALJ's issuance of an order or decision, the date of issuance is the date of service by the Docket Clerk. (d) Computation of time for delivery by mail. When documents are filed by mail, three days shall be added to the prescribed time period for filing any responsive pleading. Documents are not filed until received by the Docket Clerk. (e) Untimely filing. The ALJ may refuse to consider any motion or other document that is not filed in a timely fashion. | ||||
| 24:24:1.2.1.1.11.4.67.3 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.410 Charges under the Fair Housing Act. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 73 FR 13723, Mar. 13, 2008; 74 FR 4636, Jan. 26, 2009] | (a) Filing and service. Within 3 days after the issuance of a charge, the General Counsel shall file the charge with the Docket Clerk and serve copies (with the additional information required under paragraph (b) of this section) on all respondents and aggrieved persons. (b) Contents. The charge shall consist of a short and plain written statement of the facts upon which reasonable cause has been found to believe that a discriminatory housing practice has occurred or is about to occur. A notification shall be served with the charge containing the following information: (1) Any complainant, respondent, or aggrieved person may elect to have the claims asserted in the charge decided in a civil action under 42 U.S.C. 3612(o), in lieu of an administrative proceeding under this part. (2) Such election must be made not later than 20 days after receipt of service of the charge by serving written notice of such on the Docket Clerk, each respondent, each aggrieved person on whose behalf the charge was issued, the Assistant Secretary, and the General Counsel. (3) If no person timely elects to have the claims asserted in the charge decided in a civil action under 42 U.S.C. 3612(o), an administrative proceeding will be conducted under this part. (4) If an administrative hearing is conducted: (i) The hearing will be held at a date and place specified. (ii) The respondent will have an opportunity to file an answer to the charge within 30 days after service of the charge. (iii) The aggrieved person may participate as a party to the administrative proceeding by filing a request for intervention within 50 days after service of the charge. (iv) All discovery must be concluded 15 days before the date set for hearing. (v) The rules in this part will govern the proceeding. (5) If, at any time following service of the charge on the respondent, the respondent intends to enter into a contract, sale, encumbrance, or lease with any person regarding the property that is the subject of the charge, the respondent must provide a… | ||||
| 24:24:1.2.1.1.11.4.67.4 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.415 Notice of proposed adverse action regarding Federal financial assistance in non-Fair Housing Act matters. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 64 FR 3802, Jan. 25, 1999; 74 FR 4636, Jan. 26, 2009] | (a) Filing and service. Within 10 days after a recipient/applicant has requested a hearing, as provided for in 24 CFR parts 1, 6, 8, or 146, the General Counsel shall file a notice of proposed adverse action with the Docket Clerk and serve copies (with the additional information required under paragraph (b) of this section) on all respondents and complainants. (b) Contents. The notice of proposed adverse action shall consist of a short and plain written statement of the facts and legal authority upon which the proposed action is based. A notification shall be served with the notice containing the following information: (1) That an administrative hearing will be held at a date and place specified. (2) That the respondent will have an opportunity to file an answer to the notice of adverse action within 30 days after its service. (3) That the complainant may participate as an amicus curiae by filing a timely request to do so. (4) That discovery must be concluded by a date specified. (5) That the rules specified in this part shall govern the proceeding. (c) Consolidation. The ALJ may provide for non-Fair Housing Act proceedings at HUD to be joined or consolidated for hearing with proceedings in other Federal departments or agencies, by agreement with such other departments or agencies. All parties to any proceeding consolidated subsequent to service of the notice of proposed adverse action shall be promptly served with notice of such consolidation. | ||||
| 24:24:1.2.1.1.11.4.67.5 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.420 Answer. | HUD | (a) Within 30 days after service of the charge or notice of proposed adverse action, a respondent may file an answer. The answer shall include: (1) A statement that the respondent admits, denies, or does not have and is unable to obtain sufficient information to admit or deny, each allegation made. A statement of lack of information shall have the effect of a denial. Any allegation that is not denied shall be deemed to be admitted. (2) A statement of each affirmative defense and a statement of facts supporting each affirmative defense. (b) Failure to file an answer within the 30-day period following service of the charge or notice of proposed adverse action shall be deemed an admission of all matters of fact recited therein and may result in the entry of a default decision. | |||||
| 24:24:1.2.1.1.11.4.67.6 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.425 Amendments to pleadings. | HUD | (a) By right. HUD may amend the charge or notice of proposed adverse action once as a matter of right prior to the filing of the answer. (b) By leave. Upon such conditions as are necessary to avoid prejudicing the public interest and the rights of the parties, the ALJ may allow amendments to pleadings upon a motion of a party. (c) Conformance to the evidence. When issues not raised by the pleadings are reasonably within the scope of the original charge or notice of proposed adverse action and have been tried by the express or implied consent of the parties, the issues shall be treated in all respects as if they had been raised in the pleadings, and amendments may be made as necessary to make the pleading conform to evidence. (d) Supplemental pleadings. The ALJ may, upon reasonable notice, permit supplemental pleadings concerning transactions, occurrences or events that have happened or been discovered since the date of the pleadings and which are relevant to any of the issues involved. | |||||
| 24:24:1.2.1.1.11.4.67.7 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.430 Motions. | HUD | (a) Motions. Any application for an order or other request shall be made by a motion which, unless made during an appearance before the ALJ, shall be in writing and shall state the specific relief requested and the basis therefor. Motions made during an appearance before the ALJ shall be stated orally and made a part of the transcript. All parties shall be given a reasonable opportunity to respond to written or oral motions or requests. (b) Responses to written motions. Within seven calendar days after a written motion is served, any party to the proceeding may file a response in support of, or in opposition to, the motion. Unless otherwise ordered by the ALJ, no further responsive documents may be filed. Failure to file a response within the response period constitutes a waiver of any objection to the granting of the motion. (c) Oral argument. The ALJ may order oral argument on any motion. | |||||
| 24:24:1.2.1.1.11.4.67.8 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.435 Prehearing statements. | HUD | (a) Before the commencement of the hearing, the ALJ may direct the parties to file prehearing statements. (b) The prehearing statement must state the name of the party presenting the statement and, unless otherwise directed by the ALJ, briefly set forth the following: (1) The issues involved in the proceeding; (2) The facts stipulated by the parties and a statement that the parties have made a good faith effort to stipulate to the greatest extent possible; (3) The facts in dispute; (4) The witnesses (together with a summary of the testimony expected) and exhibits to be presented at the hearing; (5) A brief statement of applicable law; (6) Conclusions to be drawn; (7) Estimated time required for presentation of the party's case; and (8) Such other information as may assist in the disposition of the proceeding. | |||||
| 24:24:1.2.1.1.11.4.67.9 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | D | Subpart D—Proceedings Prior to Hearing | § 180.440 Prehearing conferences. | HUD | (a) Before the commencement of or during the course of the hearing, the ALJ may direct the parties to participate in a conference to expedite the hearing. Failure to attend a conference may constitute a waiver of all objections to the agreements reached at the conference and to any order with respect thereto. (b) During the conference, the ALJ may dispose of any procedural matters on which he/she is authorized to rule. At the conference, the following matters may be considered: (1) Pre-trial motions; (2) Identification, simplification and clarification of the issues; (3) Necessary amendments to the pleadings; (4) Stipulations of fact and of the authenticity, accuracy, and admissibility of documents; (5) Limitations on the number of witnesses; (6) Negotiation, compromise, or settlement of issues; (7) The exchange of proposed exhibits and witness lists; (8) Matters of which official notice will be requested; (9) Scheduling actions discussed at the conference; and (10) Such other matters as may assist in the disposition of the proceeding. (c) Conferences may be conducted by telephone or in person, but generally shall be conducted by telephone, unless the ALJ determines that this method is inappropriate. The ALJ shall give reasonable notice of the time, place and manner of the conference. (d) Record of conference. Unless otherwise directed by the ALJ, the conference will not be stenographically recorded. The ALJ will reduce the actions taken at the conference to a written order or, if the conference takes place less than seven days before the beginning of the hearing, may make a statement at the hearing and on the record summarizing the actions taken at the conference. | |||||
| 24:24:1.2.1.1.11.5.67.1 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | E | Subpart E—Discovery | § 180.500 Discovery. | HUD | (a) In general. This subpart governs discovery in aid of administrative proceedings under this part. Discovery in Fair Housing Act matters shall be completed 15 days before the date scheduled for hearing or at such time as the ALJ shall direct. Discovery in non-Fair Housing Act matters shall be completed as the ALJ directs. (b) Scope. The parties are encouraged to engage in voluntary discovery procedures. Discovery shall be conducted as expeditiously and inexpensively as possible, consistent with the needs of all parties to obtain relevant evidence. Unless otherwise ordered by the ALJ, the parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the proceeding, including the existence, description, nature, custody, condition, and location of documents or persons having knowledge of any discoverable matter. It is not grounds for objection that information sought will be inadmissible if the information appears reasonably calculated to lead to the discovery of admissible evidence. (c) Methods. Parties may obtain discovery by one or more of the following methods: (1) Deposition upon oral examination or written questions. (2) Written interrogatories. (3) Requests for the production of documents or other evidence for inspection and other purposes. (4) Requests for admissions. (5) Upon motion of a party, the presiding ALJ may issue an order requiring a physical or mental examination of a party or of a person in the custody or under the legal control of a party. (d) Frequency and sequence. Unless otherwise ordered by the ALJ or restricted by this subpart, the frequency or sequence of these methods is not limited. (e) Non-intervening aggrieved person. For purposes of obtaining discovery from a non-intervening aggrieved person, the term party as used in this subpart includes the aggrieved person. | |||||
| 24:24:1.2.1.1.11.5.67.10 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | E | Subpart E—Discovery | § 180.545 Subpoenas. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 73 FR 13723, Mar. 13, 2008] | (a) This section governs the issuance of subpoenas in administrative proceedings under the Fair Housing Act. Except for time periods stated in the rules in this section, to the extent that this section conflicts with procedures for the issuance of subpoenas in civil actions in the United States District Court for the District in which the investigation of the discriminatory housing practice took place, the rules of the United States District Court apply. (b) Issuance of subpoena. Upon the written request of a party, the presiding ALJ or other designated ALJ may issue a subpoena requiring the attendance of a witness for the purpose of giving testimony at a deposition or hearing and requiring the production of relevant books, papers, documents or tangible things. (c) Time of request. Requests for subpoenas in aid of discovery must be submitted in time to permit the conclusion of discovery 15 days before the date scheduled for the hearing. If a request for subpoenas of a witness for testimony at a hearing is submitted three days or less before the hearing, the subpoena shall be issued at the discretion of the presiding ALJ, or other designated ALJ as appropriate. (d) Service. A subpoena may be served by any person who is not a party and is not less than 18 years of age. Service on a person shall be made by delivering a copy of the subpoena to the person and by tendering witness fees and mileage to that person. When the subpoena is issued on behalf of HUD, witness fees and mileage need not be tendered with the subpoena. (e) Amount of witness fees and mileage. A witness summoned by a subpoena issued under this part is entitled to the same witness and mileage fees as a witness in proceedings in United States District Courts. Fees payable to a witness summoned by a subpoena shall be paid by the party requesting the issuance of the subpoena, or where the ALJ determines that a party is unable to pay the fees, the fees shall be paid by HUD. (f) Motion to quash or limit subpoena. Upon a motion by the person s… | ||||
| 24:24:1.2.1.1.11.5.67.2 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | E | Subpart E—Discovery | § 180.505 Supplementation of responses. | HUD | A party is under a duty, in a timely fashion, to: (a) Supplement a response with respect to any question directly addressed to: (1) The identity and location of persons having knowledge of discoverable matters; and (2) The identity of each person expected to be called as an expert witness, the subject matter on which the expert witness is expected to testify, and the substance of the testimony. (b) Amend a response if the party later obtains information upon the basis of which: (1) The party knows the response was incorrect when made, or (2) The party knows the response, though correct when made, is no longer true, and the circumstances are such that a failure to amend the response is, in substance, a knowing concealment. (c) Supplement other responses, as imposed by order of the ALJ or by agreement of the parties. | |||||
| 24:24:1.2.1.1.11.5.67.3 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | E | Subpart E—Discovery | § 180.510 Interrogatories. | HUD | (a) Any party may serve on any other party written interrogatories to be answered by the party served. If the party served is a public or private corporation, a partnership, an association, or a governmental agency, the interrogatories may be answered by any authorized officer or agent who shall furnish such information as may be available to the party. A party may serve not more than 30 written interrogatories on another party without an order of the ALJ. (b) Each interrogatory shall be answered separately and fully in writing under oath or affirmation, unless it is objected to, in which event, the reasons for the objection shall be stated in lieu of an answer. The answers shall be signed by the person making them, and the objections may be signed by the attorney or other representative making them. The answers and objections shall be served within 15 days after service of the interrogatories. (c) It is a sufficient answer to an interrogatory to specify the records from which the answer may be derived or ascertained if: (1) The answer to the interrogatory may be derived or ascertained from the records of the party on whom the interrogatory has been served or from an examination, audit or inspection of such records, or from a compilation, abstract or summary based thereon, and (2) The burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as the party served. The party serving the interrogatory shall be afforded reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. The specification shall include sufficient detail to permit the interrogating party to locate and identify the individual records from which the answer may be ascertained. (d) Objections to the form of written interrogatories are waived unless served in writing upon the party propounding the interrogatories. | |||||
| 24:24:1.2.1.1.11.5.67.4 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | E | Subpart E—Discovery | § 180.515 Depositions. | HUD | (a) Notice. Upon written notice to the witness and to all other parties, a party may take the testimony of a witness by deposition and may request the production of specified documents or materials by the witness at the deposition. Notice of the taking of a deposition shall be given not less than five days before the deposition is scheduled. The notice shall state: (1) The purpose and general scope of the deposition; (2) The time and place of the deposition; (3) The name and address of the person before whom the deposition is to be taken; (4) The name and address of the witness; and (5) A specification of the documents and materials that the witness is requested to produce. (b) Deposition of an organization. If the deposition of a public or private corporation, partnership, association, or governmental agency is sought, the organization so named shall designate one or more officers, directors or agents to testify on its behalf, and may set forth, for each person designated, the matters on which he/she will testify. (c) Procedure at deposition. Depositions may be taken before any disinterested person having power to administer oaths in the location where the deposition is to be taken. Each deponent shall be placed under oath or affirmation, and the other parties will have the right to cross-examine. The deponent may have counsel present during the deposition. The questions propounded and all answers and objections thereto shall be reduced to writing, read by or to and subscribed by the witness, and certified by the person before whom the deposition was taken. Non-intervening aggrieved persons may be present at depositions in which they are not the deponent. (d) Motion to terminate or limit examination. During the taking of a deposition, a party or the witness may request suspension of the deposition on the grounds of bad faith in the conduct of the examination, oppression of the witness or party, or improper questioning or conduct. Upon request for suspension, the deposition will be adjourned. The … | |||||
| 24:24:1.2.1.1.11.5.67.5 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | E | Subpart E—Discovery | § 180.520 Use of deposition at hearings. | HUD | (a) In general. At the hearing, any part or all of a deposition, so far as admissible under the Federal Rules of Evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice of the taking of the deposition, in accordance with the following provisions: (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. (2) The deposition of an expert witness may be used by any party for any purpose, unless the ALJ rules that such use is unfair or in violation of due process. (3) The deposition of a party, or of anyone who at the time of the taking of the deposition was an officer, director, or duly authorized agent of a public or private corporation, partnership, or association that is a party, may be used by any other party for any purpose. (4) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the ALJ finds: (i) That the witness is dead; (ii) That the witness is out of the United States or more than 100 miles from the place of hearing, unless it appears that the absence of the witness was procured by the party offering the deposition; (iii) That the witness is unable to attend to testify because of age, sickness, infirmity, or imprisonment; (iv) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (v) Whenever exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open hearing, to allow the deposition to be used. (5) If a part of a deposition is offered in evidence by a party, any other party may require the party to introduce all of the deposition that is relevant to the part introduced. Any party may introduce any other part of the deposition. (6) Substitution of parties does not affect the right to use depositions previously taken. If a proceeding h… | |||||
| 24:24:1.2.1.1.11.5.67.6 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | E | Subpart E—Discovery | § 180.525 Requests for production of documents or things for inspection or other purposes, including physical and mental examinations. | HUD | (a) Any party may serve on any other party a request to: (1) Produce and/or permit the party, or a person acting on the party's behalf, to inspect and copy any designated documents, or to inspect and copy, test, or sample any tangible things that contain or may lead to relevant information and that are in the possession, custody, or control of the party upon whom the request is served. (2) Permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, photographing, testing, or other purposes stated in paragraph (a)(1) of this section. (b) Each request shall set forth with reasonable particularity the items or categories to be inspected and shall specify a reasonable time, place and manner for making the inspection and performing the related acts. (c) Within 15 days after service of the request, the party upon whom the request is served shall serve a written response on the party submitting the request. The response shall state, with regard to each item or category, that inspection and related activities will be permitted as requested, unless there are objections, in which case the reasons for the objection shall be stated. (d) Upon motion of any party, when the mental or physical condition (including the blood group) of a party or of a person in the custody or under the legal control of a party, is in controversy, the presiding ALJ may order the party to submit to a physical or mental examination by a suitably licensed or certified examiner or to produce for examination the person in the party's custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. A report of the examiner shall be made in accordance with Rule 35(b) of the Federal Rules of Civil Procedure. | |||||
| 24:24:1.2.1.1.11.5.67.7 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | E | Subpart E—Discovery | § 180.530 Requests for admissions. | HUD | (a) Any party may serve on any other party a written request for the admission of the truth of any matters relevant to the adjudication set forth in the request that relate to statements or opinions of fact or of application of law to fact, including the genuineness and authenticity of any documents described in or attached to the request. (b) Each matter for which an admission is requested is admitted unless, within 15 days after service of the request, or within such time as the ALJ allows, the party to whom the request is directed serves on the requesting party a sworn written answer which: (1) Specifically denies, in whole or in part, the matter for which an admission is requested; (2) Sets forth in detail why the party cannot truthfully admit or deny the matter; or (3) States an objection that the matter is privileged, irrelevant or otherwise improper in whole or in part. (c) An answering party may not give lack of information or knowledge as a reason for failure to admit or deny, unless he/she/it states that he/she/it has made a reasonable inquiry and that the information known to, or readily obtainable by, him/her/it is insufficient to enable the party to admit or deny. (d) The party requesting admissions may move for a determination of the sufficiency of the answers or objections. Unless the ALJ determines that an objection is justified, the ALJ shall order that an answer be served. If the ALJ determines that an answer does not comply with the requirements of this section, the ALJ may order either that the matter is admitted or that an amended answer be served. (e) Any matter admitted under this section is conclusively established unless, upon the motion of a party, the ALJ permits the withdrawal or amendment of the admission. Any admission made under this section is made for the purposes of the pending proceeding only, is not an admission by the party for any other purpose, and may not be used against the party in any other proceeding. | |||||
| 24:24:1.2.1.1.11.5.67.8 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | E | Subpart E—Discovery | § 180.535 Protective orders. | HUD | (a) Upon motion of a party or a person from whom discovery is sought or in accordance with § 180.540(c), and for good cause shown, the ALJ may make appropriate orders to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense as a result of the requested discovery request. The order may direct that: (1) The discovery may not be had; (2) The discovery may be had only on specified terms and conditions, including at a designated time and place; (3) The discovery may be had by a method of discovery other than that selected by the party seeking discovery; (4) Certain matters may not be the subject of discovery, or the scope of discovery may be limited to certain matters; (5) Discovery may be conducted with no one present other than persons designated by the ALJ; (6) A trade secret or other confidential research, development or commercial information may not be disclosed, or may be disclosed only in a designated way; or (7) The party or other person from whom discovery is sought may file specified documents or information under seal to be opened as directed by the ALJ. (b) The ALJ may permit a party or other person from whom discovery is sought, who is seeking a protective order, to make all or part of the showing of good cause in camera. If such a showing is made, upon motion of the party or other person from whom discovery is sought, an in camera record of the proceedings may be made. If the ALJ enters a protective order, any in camera record of such showing shall be sealed and preserved and made available to the ALJ or, in the event of appeal, to the Secretary or a court. | |||||
| 24:24:1.2.1.1.11.5.67.9 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | E | Subpart E—Discovery | § 180.540 Motion to compel discovery. | HUD | (a) If a deponent fails to answer a question propounded, or a party upon whom a discovery request has been made fails to respond adequately, objects to a request, or fails to produce documents or other inspection as requested, the discovering party may move the ALJ for an order compelling discovery in accordance with the request. The motion shall: (1) State the nature of the request; (2) Set forth the response or objection of the deponent or party upon whom the request was served; (3) Present arguments supporting the motion; and (4) Attach copies of all relevant discovery requests and responses. (b) For the purposes of this section, an evasive or incomplete answer or response will be treated as a failure to answer or respond. (c) In ruling on a motion under this section, the ALJ may enter an order compelling a response in accordance with the request, may issue sanctions under paragraph (d) of this section, or may enter a protective order under § 180.535. (d) Sanctions. If a party fails to provide or permit discovery, the ALJ may take such action as is just, including but not limited to the following: (1) Inferring that the admission, testimony, document, or other evidence would have been adverse to the party; (2) Ordering that, for purposes of the adjudication, the matters regarding which the order was made or any other designated facts shall be taken to be established in accordance with the claim of the party obtaining the order; (3) Prohibiting the party failing to comply with the order from introducing evidence concerning, or otherwise relying upon, documents or other evidence withheld; (4) Ordering that the party withholding discovery not introduce into evidence, or otherwise use in the hearing, information obtained in discovery; (5) Permitting the requesting party to introduce secondary evidence concerning the information sought; (6) Striking any appropriate part of the pleadings or other submissions of the party failing to comply with such order; or (7) Taking such other action as may be app… | |||||
| 24:24:1.2.1.1.11.6.67.1 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.600 Date and place of hearing. | HUD | (a) For Fair Housing Act Cases —(1) Time. The hearing shall commence not later than 120 days after the issuance of the charge, unless it is impracticable to do so. If the hearing cannot be commenced within this time period, the ALJ shall notify in writing all parties, aggrieved persons, amici, and the Assistant Secretary of the reasons for the delay. (2) Place. The hearing will be conducted at a place in the vicinity in which the discriminatory housing practice is alleged to have occurred or to be about to occur. (b) For Non-Fair Housing Matters. Hearings shall be held in Washington, DC, unless the ALJ determines that the convenience of the respondent or HUD requires that another place be selected. (c) The ALJ may change the time, date or place of the hearing, or may temporarily adjourn or continue a hearing for good cause shown. | |||||
| 24:24:1.2.1.1.11.6.67.10 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.645 Exhibits. | HUD | (a) Identification. All exhibits offered into evidence shall be numbered sequentially and marked with a designation identifying the sponsor. The original of each exhibit offered in evidence or marked for identification shall be filed and retained in the docket of the proceeding, unless the ALJ permits the substitution of a copy for the original. (b) Exchange of exhibits. One copy of each exhibit offered into evidence must be furnished to each of the parties and to the ALJ. If the ALJ does not fix a time for the exchange of exhibits, the parties shall exchange copies of proposed exhibits at the earliest practicable time before the commencement of the hearing. Exhibits submitted as rebuttal evidence are not required to be exchanged before the commencement of the hearing if the submission of such evidence could not reasonably be anticipated at that time. (c) Authenticity. The authenticity of all documents submitted or exchanged as proposed exhibits prior to the hearing shall be admitted unless written objection is filed before the commencement of the hearing, or unless good cause is shown for failing to file such a written objection. (d) The parties are encouraged to stipulate as to the admissibility of exhibits. | |||||
| 24:24:1.2.1.1.11.6.67.11 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.650 Public document items. | HUD | Whenever a public document, such as an official report, decision, opinion, or published scientific or economic statistical data issued by any of the executive departments (or their subdivisions), legislative agencies or committees, or administrative agencies of the Federal Government (including Government-owned corporations), or a similar document issued by a State or its agencies is offered (in whole or in part), and such document (or part thereof) has been shown by the offeror to be reasonably available to the public, such document need not be produced or marked for identification, but may be offered for official notice, as a public document item by specifying the document or relevant part thereof. | |||||
| 24:24:1.2.1.1.11.6.67.12 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.655 Witnesses. | HUD | (a) Witnesses shall testify under oath or affirmation. (b) If a witness fails or refuses to testify, the failure or refusal to answer any question found by the ALJ to be proper may be grounds for striking all or part of the testimony that may have been given by the witness, or for any other action deemed appropriate by the ALJ. | |||||
| 24:24:1.2.1.1.11.6.67.13 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.660 Closing of record. | HUD | (a) Oral hearings. Where there is an oral hearing, the hearing ends on the day of the adjournment of the oral hearing or, where written briefs are permitted, on the date that the written briefs are due. (b) Hearing on written record. Where the parties have waived an oral hearing, the hearing ends on the date set by the ALJ as the final date for the receipt of submissions by the parties. (c) Receipt of evidence following hearing. Following the end of the hearing, no additional evidence may be accepted into the record, except with the permission of the ALJ. The ALJ may receive additional evidence upon a determination that new and material evidence was not readily available before the end of the hearing, the evidence has been timely submitted, and its acceptance will not unduly prejudice the rights of the parties. | |||||
| 24:24:1.2.1.1.11.6.67.14 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.665 Arguments and briefs. | HUD | (a) Following the submission of evidence at an oral hearing, the parties may file a brief, proposed findings of fact and conclusions of law, or both, or, in the ALJ's discretion, make oral arguments. (b) Unless otherwise ordered by the ALJ, briefs and proposed findings of fact and conclusions of law shall be filed simultaneously by all parties. In Fair Housing Act cases, such filings shall be due not later than 45 days after the adjournment of the oral hearing. In other cases, they shall be due as the ALJ orders. | |||||
| 24:24:1.2.1.1.11.6.67.15 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.670 Initial decision of ALJ. | HUD | [61 FR 52218, Oct. 4, 1996, as amended at 64 FR 6754, Feb. 10, 1999; 68 FR 12788, Mar. 17, 2003; 72 FR 5588, Feb. 6, 2007] | (a) The ALJ shall issue an initial decision including findings of fact and conclusions of law upon each material issue of fact or law presented on the record. The initial decision of the ALJ shall be based on the whole record of the proceeding. A copy of the initial decision shall be served upon all parties, aggrieved persons, the Assistant Secretary, the Secretary, and amici, if any. (b) Initial decision in Fair Housing Act cases. (1) The ALJ shall issue an initial decision within 60 days after the end of the hearing, unless it is impracticable to do so. If the ALJ is unable to issue the initial decision within this time period (or within any succeeding 60-day period following the initial 60-day period), the ALJ shall notify in writing all parties, the aggrieved person on whose behalf the charge was filed, and the Assistant Secretary, of the reasons for the delay. (2) The initial decision shall state that it will become the final agency decision 30 days after the date of issuance of the initial decision. (3) Findings against respondents. If the ALJ finds that a respondent has engaged, or is about to engage, in a discriminatory housing practice, the ALJ shall issue an initial decision against the respondent and order such relief as may be appropriate. Relief may include, but is not limited to: (i) Ordering the respondent to pay damages to the aggrieved person (including damages caused by humiliation and embarrassment). (ii) Ordering injunctive or such other equitable relief as may be appropriate. No such order may affect any contract, sale, encumbrance or lease consummated before the issuance of the initial decision that involved a bona fide purchaser, encumbrancer or tenant without actual knowledge of the charge. (iii) Assessing a civil penalty against any respondent to vindicate the public interest in accordance with § 180.671. (4) Findings in favor of respondents. If the ALJ finds that the charging party has not established that a respondent has engaged in a discriminatory housing practice, the AL… | ||||
| 24:24:1.2.1.1.11.6.67.16 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.671 Assessing civil penalties for Fair Housing Act cases. | HUD | [64 FR 6754, Feb. 10, 1999, as amended at 68 FR 12788, Mar. 17, 2003; 72 FR 5588, Feb. 6, 2007; 78 FR 4060, Jan. 18, 2013; 82 FR 24525, May 30, 2017; 83 FR 32793, July 16, 2018; 84 FR 9454, Mar. 15, 2019; 85 FR 13044, Mar. 6, 2020; 86 FR 14373, Mar. 16, 2021; 87 FR 24421, Apr. 26, 2022; 88 FR 9748, Feb. 15, 2023; 89 FR 13617, Feb. 23, 2024; 90 FR 24748, June 12, 2025] | (a) Amounts. The ALJ may assess a civil penalty against any respondent under § 180.670(b)(3) for each separate and distinct discriminatory housing practice (as defined in paragraph (b) of this section) that the respondent committed, each civil penalty in an amount not to exceed: (1) $26,262, if the respondent has not been adjudged in any administrative hearing or civil action permitted under the Fair Housing Act or any State or local fair housing law, or in any licensing or regulatory proceeding conducted by a Federal, State, or local governmental agency, to have committed any prior discriminatory housing practice. (2) $65,653, if the respondent has been adjudged in any administrative hearing or civil action permitted under the Fair Housing Act, or under any State or local fair housing law, or in any licensing or regulatory proceeding conducted by a Federal, State, or local government agency, to have committed one other discriminatory housing practice and the adjudication was made during the 5-year period preceding the date of filing of the charge. (3) $131,308, if the respondent has been adjudged in any administrative hearings or civil actions permitted under the Fair Housing Act, or under any State or local fair housing law, or in any licensing or regulatory proceeding conducted by a Federal, State, or local government agency, to have committed two or more discriminatory housing practices and the adjudications were made during the 7-year period preceding the date of filing of the charge. (b) Definition of separate and distinct discriminatory housing practice. A separate and distinct discriminatory housing practice is a single, continuous uninterrupted transaction or occurrence that violates section 804, 805, 806 or 818 of the Fair Housing Act. Even if such a transaction or occurrence violates more than one provision of the Fair Housing Act, violates a provision more than once, or violates the fair housing rights of more than one person, it constitutes only one separate and distinct discriminatory housin… | ||||
| 24:24:1.2.1.1.11.6.67.17 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.675 Petitions for review. | HUD | (a) The Secretary may affirm, modify or set aside, in whole or in part, the initial decision, or remand the initial decision for further proceedings. (b) Any party adversely affected by the ALJ's initial decision may file a motion with the Secretary explaining how and why the initial decision should be modified, set aside, in whole or in part, or remanded for further proceedings. Such petition shall be based only on the following grounds: (1) A finding of material fact is not supported by substantial evidence; (2) A necessary legal conclusion is erroneous; (3) The decision is contrary to law, duly promulgated rules of HUD, or legal precedent; or (4) A prejudicial error of procedure was committed. (c) Each issue shall be plainly and concisely stated and shall be supported by citations to the record when assignments of error are based on the record, statutes, regulations, cases, or other authorities relied upon. Except for good cause shown, no assignment of error by any party shall rely on any question of fact or law not presented to the ALJ. (d) Such petitions must be received by the Secretary within 15 days after issuance of the initial decision. (e) A statement in opposition to the petition for review may be filed. Such opposition must be received by the Secretary within 22 days after issuance of the initial decision. (f) A petition not granted within 30 days after the issuance of the initial decision is deemed denied. (g) If the Secretary remands the decision for further proceedings, the ALJ shall issue an initial decision on remand within 60 days after the date of issuance of the Secretary's decision, unless it is impracticable to do so. If the ALJ is unable to issue the initial decision within this time period (or within any succeeding 60-day period following the initial 60-day period), the ALJ shall notify in writing the parties, the aggrieved person on whose behalf the charge was filed, any amicus curiae and the Assistant Secretary, of the reasons for the delay. | |||||
| 24:24:1.2.1.1.11.6.67.18 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.680 Final decisions. | HUD | (a) Public disclosure. HUD shall make public disclosure of each final decision. (b) Where initial decision does not provide for suspension or termination of, or refusal to grant or continue, Federal financial assistance—(1) Issuance of final decision by Secretary. The Secretary may review any finding of fact, conclusion of law, or order contained in the initial decision of the ALJ and issue a final decision in the proceeding. The Secretary shall serve the final decision on all parties no later than 30 days after the date of issuance of the initial decision. (2) No final decision by Secretary. If the Secretary does not serve a final decision within the time period described in paragraph (b)(1) of this section, the initial decision of the ALJ will become the final agency decision. For the purposes of this part, such a final decision will be considered to have been issued 30 days after the date of issuance of the initial decision. (c) Where initial decision provides for suspension or termination of, or refusal to grant or continue, Federal financial assistance. When the initial decision provides for the suspension or termination of, or the refusal to grant or continue, Federal financial assistance, or the imposition of any other sanction, such decision shall not constitute an order or final agency action until approved by the Secretary. Further, in the case of proceedings under title VI of the Civil Rights Act of 1964, no order suspending, terminating, or refusing to grant or continue Federal financial assistance shall become effective until the requirements of 24 CFR 1.8(c) have been met. | |||||
| 24:24:1.2.1.1.11.6.67.2 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.605 Conduct of hearings. | HUD | The hearing shall be conducted in accordance with the Administrative Procedure Act (5 U.S.C. 551-559). | |||||
| 24:24:1.2.1.1.11.6.67.3 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.610 Waiver of right to appear. | HUD | If all parties waive their right to appear before the ALJ, the ALJ need not conduct an oral hearing. Such waivers shall be in writing and filed with the ALJ. The ALJ shall make a record of the pleadings and relevant written evidence submitted by the parties. These documents may constitute the evidence in the proceeding, and the decision may be based upon this evidence. | |||||
| 24:24:1.2.1.1.11.6.67.4 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.615 Failure of party to appear. | HUD | A default decision may be entered against a party failing to appear at a hearing unless such party shows good cause for such failure. | |||||
| 24:24:1.2.1.1.11.6.67.5 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.620 Evidence. | HUD | The Federal Rules of Evidence apply to the presentation of evidence in hearings under this part. | |||||
| 24:24:1.2.1.1.11.6.67.6 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.625 Record of hearing. | HUD | (a) All oral hearings shall be recorded and transcribed by a reporter designated and supervised by the ALJ. The original transcript shall be a part of the record and shall constitute the sole official transcript. All exhibits introduced as evidence shall be incorporated into the record. The parties and the public may obtain transcripts from the official reporter at rates not to exceed the applicable rates fixed by the contract with the reporter. (b) Corrections to the official transcript will be permitted upon motion of a party. Motions for correction must be submitted within five days after receipt of the transcript. Corrections of the official transcript will be permitted only where errors of substance are involved and upon the ALJ's approval. | |||||
| 24:24:1.2.1.1.11.6.67.7 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.630 Stipulations. | HUD | The parties may stipulate to any pertinent facts by oral agreement at the hearing or by written agreement at any time. Stipulations may be submitted into evidence at any time before the end of the hearing. Once received into evidence, a stipulation is binding on the parties. | |||||
| 24:24:1.2.1.1.11.6.67.8 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.635 Written testimony. | HUD | The ALJ may accept and enter into the record direct testimony of witnesses made by verified written statement rather than by oral presentation at the hearing. Unless the ALJ fixes other time periods, affidavits shall be filed and served on the parties not later than 14 days prior to the hearing. Witnesses whose testimony is presented by affidavit shall be available for cross-examination as may be required. | |||||
| 24:24:1.2.1.1.11.6.67.9 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | F | Subpart F—Procedures at Hearing | § 180.640 In camera and protective orders. | HUD | The ALJ may limit discovery or the introduction of evidence, or may issue such protective or other orders necessary to protect privileged communications. If the ALJ determines that information in documents containing privileged matters should be made available to a party, the ALJ may order the preparation of a summary or extract of the nonprivileged matter contained in the original. | |||||
| 24:24:1.2.1.1.11.7.67.1 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | G | Subpart G—Post-Final Decision in Fair Housing Cases | § 180.700 Action upon issuance of a final decision in Fair Housing Act cases. | HUD | (a) Licensed or regulated businesses. (1) If a final decision includes a finding that a respondent has engaged or is about to engage in a discriminatory housing practice in the course of a business that is subject to licensing or regulation by a Federal, State or local governmental agency, the Assistant Secretary will notify the governmental agency of the decision by: (i) Sending copies of the findings of fact, conclusions of law and final decision to the governmental agency by certified mail; and (ii) Recommending appropriate disciplinary action to the governmental agency, including, where appropriate, the suspension or revocation of the respondent's license. (2) The Assistant Secretary will notify the appropriate governmental agencies within 30 days after the date of issuance of the final decision, unless a petition for judicial review of the final decision as described in § 180.710 of this part has been filed before the issuance of the notification of the agency. If such a petition has been filed, the Assistant Secretary will provide the notification to the governmental agency within 30 days after the date that the final decision is affirmed upon review. If a petition for judicial review is timely filed following the notification of the governmental agency, the Assistant Secretary will promptly notify the governmental agency of the petition and withdraw his or her recommendation. (b) Notification to the Attorney General. If a final decision includes a finding that a respondent has engaged or is about to engage in a discriminatory housing practice and another final decision including such a finding was issued under this part within the five years preceding the date of issuance of the final decision, the General Counsel will notify the Attorney General of the decisions by sending a copy of each final decision. | |||||
| 24:24:1.2.1.1.11.7.67.2 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | G | Subpart G—Post-Final Decision in Fair Housing Cases | § 180.705 Attorney's fees and costs. | HUD | Following the issuance of the final decision, any prevailing party, except HUD, may apply for attorney's fees and costs. The ALJ will issue an initial decision awarding or denying such fees and costs. The initial decision will become HUD's final decision unless the Secretary reviews the initial decision and issues a final decision on fees and costs within 30 days. The recovery of reasonable attorney's fees and costs will be permitted as follows: (a) If the respondent is the prevailing party, HUD will be liable for reasonable attorney's fees and costs to the extent provided under the Equal Access to Justice Act (5 U.S.C. 504) and HUD's regulations at 24 CFR part 14, and an intervenor will be liable for reasonable attorney's fees and costs only to the extent that the intervenor's participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment. (b) To the extent that an intervenor is a prevailing party, the respondent will be liable for reasonable attorney's fees unless special circumstances make the recovery of such fees and costs unjust. | |||||
| 24:24:1.2.1.1.11.7.67.3 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | G | Subpart G—Post-Final Decision in Fair Housing Cases | § 180.710 Judicial review of final decision. | HUD | (a) Any party adversely affected by a final decision may file a petition in the appropriate United States Court of Appeals for review of the decision under 42 U.S.C. 3612(i). The petition must be filed within 30 days after the date of issuance of the final decision. (b) If no petition for review is filed under paragraph (a) of this section within 45 days after the date of issuance of the final decision, the findings of facts and final decision shall be conclusive in connection with any petition for enforcement. | |||||
| 24:24:1.2.1.1.11.7.67.4 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | G | Subpart G—Post-Final Decision in Fair Housing Cases | § 180.715 Enforcement of final decision. | HUD | (a) Enforcement by HUD. Following the issuance of a final decision, the General Counsel may petition the appropriate United States Court of Appeals for the enforcement of the final decision and for appropriate temporary relief or restraining order in accordance with 42 U.S.C. 3612(j). (b) Enforcement by others. If no petition for review has been filed within 60 days after the date of issuance, and the General Counsel has not sought enforcement of the final decision as described in paragraph (a) of this section, any person entitled to relief under the final decision may petition the appropriate United States Court of Appeals for the enforcement of the final decision in accordance with 42 U.S.C. 3612(m). | |||||
| 24:24:1.2.1.1.11.8.67.1 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | H | Subpart H—Post-Final Decision in Non-Fair Housing Act Matters | § 180.800 Post-termination proceedings. | HUD | (a) A respondent adversely affected by the order terminating, discontinuing, or refusing Federal financial assistance in consequence of proceedings pursuant to this title may request the Secretary for an order authorizing payment, or permitting resumption, of Federal financial assistance. Such request shall: (1) Be in writing; (2) Affirmatively show that, since entry of the order, the respondent has brought its program or activity into compliance with statutory and regulatory requirements; and (3) Set forth specifically, and in detail, the steps taken to achieve such compliance. (b) If the Secretary denies such request, the respondent may request an expeditious hearing. The request for such a hearing shall be addressed to the Secretary within 30 days after the respondent is informed that the Secretary has refused to authorize payment or permit resumption of Federal financial assistance and shall specify why the Secretary erred in denying the request. (c) The procedures established by this part shall be applicable to any hearing. | |||||
| 24:24:1.2.1.1.11.8.67.2 | 24 | Housing and Urban Development | I | 180 | PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS | H | Subpart H—Post-Final Decision in Non-Fair Housing Act Matters | § 180.805 Judicial review of final decision. | HUD | A termination of or refusal to grant or to continue Federal financial assistance is subject to judicial review as provided in the applicable statute. | |||||
| 40:40:26.0.1.1.27.1.19.1 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | A | Subpart A—Definitions and Interpretative Regulations | § 180.1 Definitions and interpretations. | EPA | [36 FR 22540, Nov. 25, 1971] | (a) Administrator, without qualification, means the Administrator of the Environmental Protection Agency. (b) Agency, without qualification, means the Environmental Protection Agency. (c) FFDCA means the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 301-392. (d) Raw agricultural commodities include, among other things, fresh fruits, whether or not they have been washed and colored or otherwise treated in their unpeeled natural form; vegetables in their raw or natural state, whether or not they have been stripped of their outer leaves, waxed, prepared into fresh green salads, etc.; grains, nuts, eggs, raw milk, meats, and similar agricultural produce. It does not include foods that have been processed, fabricated, or manufactured by cooking, freezing, dehydrating, or milling. (e) Where a raw agricultural commodity bearing a pesticide chemical residue that has been exempted from the requirement of a tolerance, or which is within a tolerance permitted under FFDCA section 408, is used in preparing a processed food, the processed food will not be considered unsafe within the meaning of FFDCA sections 402 and 408(a), despite the lack of a tolerance or exemption for the pesticide chemical residue in the processed food, if: (1) The pesticide chemical has been used in or on the raw agricultural commodity in conformity with a tolerance under this section; (2) The pesticide chemical residue has been removed to the extent possible in good manufacturing practice; and (3) The concentration of the pesticide chemical residue in the processed food is not greater than the tolerance prescribed for the pesticide chemical residue on the raw agricultural commodity. (f) For the purpose of computing fees as required by § 180.33, each group of related crops listed in § 180.34(e) and each crop group or subgroup listed in § 180.41 is counted as a single raw agricultural commodity in a petition or request for tolerances or exemption from the requirement of a tolerance. (g) Tolerances and exemptions established f… | |||
| 40:40:26.0.1.1.27.1.19.2 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | A | Subpart A—Definitions and Interpretative Regulations | § 180.3 Tolerances for related pesticide chemicals. | EPA | [41 FR 8969, Mar. 2, 1976] | (a) Pesticide chemicals that cause related pharmacological effects will be regarded, in the absence of evidence to the contrary, as having an additive deleterious action. (For example, many pesticide chemicals within each of the following groups have related pharmacological effects: Chlorinated organic pesticides, arsenic-containing chemicals, metallic dithiocarbamates, cholinesterase-inhibiting pesticides.) (b) Tolerances established for such related pesticide chemicals may limit the amount of a common component (such as As 2 O 3 ) that may be present, or may limit the amount of biological activity (such as cholinesterase inhibition) that may be present, or may limit the total amount of related pesticide chemicals (such as chlorinated organic pesticides) that may be present. (c)(1) Where tolerances for inorganic bromide in or on the same raw agricultural commodity are set in two or more sections in this part (example: §§ 180.123 and 180.199), the overall quantity of inorganic bromide to be tolerated from use of the same pesticide in different modes of application or from two or more pesticide chemicals for which tolerances are established is the highest of the separate applicable tolerances. For example, where the bromide tolerance on asparagus from methyl bromide commodity fumigation is 100 parts per million (40 CFR 180.123) and on asparagus from methyl bromide soil treatment is 300 parts per million (40 CFR 180.199), the overall inorganic bromide tolerance for asparagus grown on methyl bromide-treated soil and also fumigated with methyl bromide after harvest is 300 parts per million. (2) Where tolerances are established in terms of inorganic bromide residues only from use of organic bromide fumigants on raw agricutural commodities, such tolerances are sufficient to protect the public health, and no additional concurrent tolerances for the organic pesticide chemicals from such use are necessary. This conclusion is based on evidence of the dissipation of the organic pesticide or its conversion to inorganic br… | |||
| 40:40:26.0.1.1.27.1.19.3 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | A | Subpart A—Definitions and Interpretative Regulations | § 180.4 Exceptions. | EPA | [63 FR 10720, Mar. 4, 1998, as amended at 73 FR 54976, Sept. 24, 2008] | The substances listed in this section are excepted from the definitions of “pesticide chemical” and “pesticide chemical residue” under FFDCA section 201(q)(3) and are therefore exempt from regulation under FFDCA section 402(a)(2)(B) and 408. These substances are subject to regulation by the Food and Drug Administration as food additives under FFDCA section 409. (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] | |||
| 40:40:26.0.1.1.27.1.19.4 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | A | Subpart A—Definitions and Interpretative Regulations | § 180.5 Zero tolerances. | EPA | A zero tolerance means that no amount of the pesticide chemical may remain on the raw agricultural commodity when it is offered for shipment. A zero tolerance for a pesticide chemical in or on a raw agricultural commodity may be established because, among other reasons: (a) A safe level of the pesticide chemical in the diet of two different species of warm-blooded animals has not been reliably determined. (b) The chemical is carcinogenic to or has other alarming physiological effects upon one or more of the species of the test animals used, when fed in the diet of such animals. (c) The pesticide chemical is toxic, but is normally used at times when, or in such manner that, fruit, vegetables, or other raw agricultural commodities will not bear or contain it. (d) All residue of the pesticide chemical is normally removed through good agricultural practice such as washing or brushing or through weathering or other changes in the chemical itself, prior to introduction of the raw agricultural commodity into interstate commerce. | ||||
| 40:40:26.0.1.1.27.1.19.5 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | A | Subpart A—Definitions and Interpretative Regulations | § 180.6 Pesticide tolerances regarding milk, eggs, meat, and/or poultry; statement of policy. | EPA | (a) When establishing tolerances for pesticide residues in or on raw agricultural commodities, consideration is always given to possible residues of those pesticide chemicals or their conversion products entering the diet of man through the ingestion of milk, eggs, meat, and/or poultry produced by animals fed agricultural products bearing such pesticide residues. In each instance an evaluation of all available data will result in a conclusion either: (1) That finite residues will actually be incurred in these foods from feed use of the raw agricultural commodity including its byproducts; or (2) That it is not possible to establish with certainty whether finite residues will be incurred, but there is a reasonable expectation of finite residues; or (3) That it is not possible to establish with certainty whether finite residues will be incurred, but there is no reasonable expectation of finite residues. (b) When the data show that finite residues will actually be incurred in milk, eggs, meat, and/or poultry, a tolerance will be established on the raw agricultural commodity used as feed provided that tolerances can be established at the same time, on the basis of the toxicological and other data available, for the finite residues incurred in milk, eggs, meat, and/or poultry. When it is not possible to determine with certainty whether finite residues will be incurred in milk, eggs, meat, and/or poultry but there is a reasonable expectation of finite residues in light of data reflecting exaggerated pesticides levels in feeding studies, a tolerance will be established on the raw agricultural commodity provided that appropriate tolerances can be established at the same time, on the basis of the toxicological and other data available, for the finite residues likely to be incurred in these foods through the feed use of the raw agricultural commodity or its byproducts. When it is not possible to determine with certainty whether finite residues will be incurred in milk, eggs, meat, and/or poultry but there is no reasonab… | ||||
| 40:40:26.0.1.1.27.2.19.1 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.7 Petitions proposing tolerances or exemptions for pesticide residues in or on raw agricultural commodities or processed foods. | EPA | [70 FR 33360, June 8, 2005, as amended at 73 FR 75600, Dec. 12, 2008] | (a) Petitions to be filed with the Agency under the provisions of FFDCA section 408(d) shall be submitted in duplicate. If any part of the material submitted is in a foreign language, it shall be accompanied by an accurate and complete English translation. The petition shall be accompanied by an advance deposit for fees described in § 180.33. The petition shall state the petitioner's mail address to which notice of objection under FFDCA section 408(g)(2) may be sent. The petition must be signed by the petitioner or by his attorney or agent, or (if a corporation) by an authorized official. (b) Petitions shall include the following information: (1) An informative summary of the petition and of the data, information, and arguments submitted or cited in support of the petition. Both a paper and electronic copy of the summary should be submitted. The electronic copy should be formatted according to the Office of Pesticide Programs' current standard for electronic data submission as specified at http://www.epa.gov/pesticides/regulating/registering/submissions/index.htm. (2) A statement that the petitioner agrees that such summary or any information it contains may be published as a part of the notice of filing of the petition to be published under FFDCA section 408(d)(3) and as a part of a proposed or final regulation issued under FFDCA section 408. (3) The name, chemical identity, and composition of the pesticide chemical residue and of the pesticide chemical that produces the residue. (4) Data showing the recommended amount, frequency, method, and time of application of the pesticide chemical. (5) Full reports of tests and investigations made with respect to the safety of the pesticide chemical, including full information as to the methods and controls used in conducting those tests and investigations. (6) Full reports of tests and investigations made with respect to the nature and amount of the pesticide chemical residue that is likely to remain in or on the food, including a description of the analytical me… | |||
| 40:40:26.0.1.1.27.2.19.10 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.35 Tests for potentiation. | EPA | Experiments have shown that certain cholinesterase-inhibiting pesticides when fed together to test animals are more toxic than the sum of their individual toxicities when fed separately. One substance potentiates the toxicity of the other. Important toxicological interactions also have been observed between pesticides and other substances. Wherever there is reason to believe that a pesticide chemical for which a tolerance is proposed may interact with other pesticide chemicals or other substances to which man is exposed, it may be necessary to require special experimental data regarding potentiation capacities to evaluate the safety of the proposed tolerance. This necessarily will be determined on a case-by-case basis. | ||||
| 40:40:26.0.1.1.27.2.19.11 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.40 Tolerances for crop groups. | EPA | [60 FR 26635, May 17, 1995, as amended at 70 FR 33363, June 8, 2005; 72 FR 69155, Dec. 7, 2007; 75 FR 56014, Sept. 15, 2010; 81 FR 26476, May 3, 2016; 85 FR 70984, Nov. 6, 2020] | (a) Group or subgroup tolerances may be established as a result of: (1) A petition from a person who has submitted an application for the registration of a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act. (2) On the initiative of the Administrator. (3) A petition by an interested person. (b) The tables in § 180.41 are to be used in conjunction with this section for the establishment of crop group tolerances. Each table in § 180.41 lists a group of raw agricultural commodities that are considered to be related for the purposes of this section. Refer also to § 180.1(g) for a listing of commodities for which established tolerances may be applied to certain other related and similar commodities. (c) When there is an established or proposed tolerance for all of the representative commodities for a specific group or subgroup of related commodities, a tolerance may be established for all commodities in the associated group or subgroup. Tolerances may be established for a crop group or, alternatively, tolerances may be established for one or more of the subgroups of a crop group. (d) The representative crops are given as an indication of the minimum residue chemistry data base acceptable to the Agency for the purposes of establishing a group tolerance. The Agency may, at its discretion, allow group tolerances when data on suitable substitutes for the representative crops are available (e.g., limes instead of lemons). (e) Since a group tolerance reflects maximum residues likely to occur on all individual crops within a group, the proposed or registered patterns of use for all crops in the group or subgroup must be similar before a group tolerance is established. The pattern of use consists of the amount of pesticide applied, the number of times applied, the timing of the first application, the interval between applications, and the interval between the last application and harvest. The pattern of use will also include the type of application; for example, soil or foliar application, or appli… | |||
| 40:40:26.0.1.1.27.2.19.12 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.41 Crop group tables. | EPA | [60 FR 26635, May 17, 1995, as amended at 72 FR 69156, 69157, Dec. 7, 2007; 73 FR 52, Jan. 2, 2008; 75 FR 76289, Dec. 8, 2010; 77 FR 50620, Aug. 22, 2012; 81 FR 26477, May 3, 2016; 85 FR 70985, Nov. 6, 2020; 87 FR 57633, Sept. 21, 2022] | (a) The tables in this section are to be used in conjunction with § 180.40 to establish crop group tolerances. (b) Commodities not listed are not considered as included in the groups for the purposes of paragraph (b), and individual tolerances must be established. Miscellaneous commodities intentionally not included in any group include globe artichoke, hops, peanut, and water chestnut. (c) Each group is identified by a group name and consists of a list of representative commodities followed by a list of all commodity members for the group. If the group includes subgroups, each subgroup lists the subgroup name, the representative commodity or commodities, and the member commodities for the subgroup. Subgroups, which are a subset of their associated crop group, are established for some but not all crops groups. (1) Crop Group 1: Root and Tuber Vegetables Group. (i) Representative commodities. Carrot, potato, radish, and sugar beet. (ii) Table. The following table 1 lists all the commodities included in Crop Group 1 and identifies the related crop subgroups. Table 1—Crop Group 1: Root and Tuber Vegetables (iii) Table. The following table 2 identifies the crop subgroups for Crop Group 1, specifies the representative commodity(ies) for each subgroup, and lists all the commodities included in each subgroup. Table 2—Crop Group 1 Subgroup Listing (2) Crop Group 2. Leaves of Root and Tuber Vegetables (Human Food or Animal Feed) Group (Human Food or Animal Feed) Group. (i) Representative commodities. Turnip and garden beet or sugar beet. (ii) Commodities. The following is a list of all the commodities included in Crop Group 2: Crop Group 2: Leaves of Root and Tuber Vegetables (Human Food or Animal Feed) Group—Commodities Beet, garden ( Beta vulgaris ) Beet, sugar ( Beta vulgaris ) Burdock, edible ( Arctium lappa ) Carrot ( Daucus carota ) Cassava, bitter and sweet ( Manihot esculenta ) Celeriac (celery root) ( Apium graveolens var. rapaceum ) Chervil, turnip-rooted ( Chaero… | |||
| 40:40:26.0.1.1.27.2.19.2 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.8 Withdrawal of petitions without prejudice. | EPA | [70 FR 33361, June 8, 2005] | In some cases the Administrator will notify the petitioner that the petition, while technically complete, is inadequate to justify the establishment of a tolerance or the tolerance requested by petitioner. This may be due to the fact that the data are not sufficiently clear or complete. In such cases, the petitioner may withdraw the petition pending its clarification or the obtaining of additional data. This withdrawal may be without prejudice to a future filing. A deposit for fees as specified in § 180.33 shall accompany the resubmission of the petition. | |||
| 40:40:26.0.1.1.27.2.19.3 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.9 Substantive amendments to petitions. | EPA | [70 FR 33361, June 8, 2005] | After a petition has been filed, the petitioner may submit additional information or data in support thereof, but in such cases the petition will be given a new filing date. | |||
| 40:40:26.0.1.1.27.2.19.4 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.29 Establishment, modification, and revocation of tolerance on initiative of Administrator. | EPA | [70 FR 33361, June 8, 2005] | (a) Upon the Administrator's own initiative, the Administrator may propose, under FFDCA section 408(e), the issuance of a regulation establishing a tolerance for a pesticide chemical or exempting it from the necessity of a tolerance, or a regulation modifying or revoking an existing tolerance or exemption. (b) The Administrator shall provide a period of not less than 60 days for persons to comment on the proposed regulation, except that a shorter period for comment may be provided if the Administrator for good cause finds that it would be in the public interest to do so and states the reasons for the finding in the notice of proposed rulemaking. (c) After reviewing any timely comments received, the Administrator may by order establish, modify, or revoke a tolerance regulation, which order and regulation shall be published in the Federal Register. An order published under this section shall state that persons may submit objections and requests for a hearing in the manner described in part 178 of this chapter. (d) Any final regulation issued under this section shall be effective on the date of publication in the Federal Register unless otherwise provided in the regulation. | |||
| 40:40:26.0.1.1.27.2.19.5 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.30 Judicial review. | EPA | [70 FR 33362, June 8, 2005] | (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to the following actions: (1) Regulations establishing general procedures and requirements under FFDCA section 408(e)(1)(C). (2) Orders issued under FFDCA section 408(f)(1)(C) requiring the submission of data. (3) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to establishment, modification, or revocation of a tolerance or exemption under FFDCA section 408(d)(4), or any regulation that is the subject of such an order. The underlying action here is Agency disposition of a petition seeking the establishment, modification, or revocation of a tolerance or exemption. (4) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to the denial of a petition under FFDCA section 408(d)(4). (5) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to the establishment, modification, suspension, or revocation of a tolerance or exemption under FFDCA section 408(e)(1)(A) or (e)(1)(B). The underlying action here is the establishment, modification, suspension, or revocation of a tolerance or exemption upon the initiative of EPA including EPA actions pursuant to FFDCA sections 408(b)(2)(B)(v), 408(b)(2)(E)(ii), 408(d)(4)(C)(ii), 408(l)(4), and 408(q)(1). (6) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to the revocation or modification of a tolerance or exemption under FFDCA section 408(f)(2) for noncompliance with requirements for the submission of data. (7) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to rules issued under FFDCA sections 408(n)(3) and 408(d) or (e) regarding determinations pertaining to State authority to establish regulatory limits on pesticide chemical residues. (8) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to orders issued under FFDCA section 408(n)(5)(C) authorizing States to establish regulatory limits not identical to certain tolerances or exemptions. (b) Any issue as to which rev… | |||
| 40:40:26.0.1.1.27.2.19.6 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.31 Temporary tolerances. | EPA | [70 FR 33362, June 8, 2005] | (a) A temporary tolerance (or exemption from a tolerance) established under the authority of FFDCA section 408(r) shall be deemed to be a tolerance (or exemption from the requirement of a tolerance) for the purposes of FFDCA section 408(a)(1) or (a)(2) and for the purposes of § 180.30. (b) A request for a temporary tolerance or a temporary exemption from a tolerance by a person who has obtained or is seeking an experimental permit for a pesticide chemical under the Federal Insecticide, Fungicide, and Rodenticide Act shall be accompanied by such data as are available on subjects outlined in § 180.7(b) and an advance deposit to cover fees as provided in § 180.33. (c) To obtain a temporary tolerance, a requestor must comply with the petition procedures specified in FFDCA section 408(d) and § 180.7 except as provided in this section. (d) A temporary tolerance or exemption from a tolerance may be issued for a period designed to allow the orderly marketing of the raw agricultural commodities produced while testing a pesticide chemical under an experimental permit issued under authority of the Federal Insecticide, Fungicide, and Rodenticide Act if the Administrator concludes that the safety standard in FFDCA section 408(b)(2) or (c), as applicable, is met. Subject to the requirements of FFDCA section 408(e), a temporary tolerance or exemption from a tolerance may be revoked if the experimental permit is revoked, or may be revoked at any time if it develops that the application for a temporary tolerance contains a misstatement of a material fact or that new scientific data or experience with the pesticide chemical indicates that it does not meet the safety standard in FFDCA section 408(b)(2) or (c), as applicable. (e) Conditions under which a temporary tolerance is established shall include: (1) A limitation on the amount of the chemical to be used on the designated crops permitted under the experimental permit. (2) A limitation for the use of the chemical on the designated crops to bona fide experimental use by qu… | |||
| 40:40:26.0.1.1.27.2.19.7 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.32 Procedure for modifying and revoking tolerances or exemptions from tolerances. | EPA | [70 FR 33362, June 8, 2005] | (a) The Administrator on his/her own initiative may propose the issuance of a regulation modifying or revoking a tolerance for a pesticide chemical residue on raw agricultural commodities or processed foods or modifying or revoking an exemption from tolerance for such residue. (b) Any person may file with the Administrator a petition proposing the issuance of a regulation modifying or revoking a tolerance or exemption from a tolerance for a pesticide chemical residue. The petition shall furnish reasonable grounds for the action sought. Reasonable grounds shall include an explanation showing wherein the person has a substantial interest in such tolerance or exemption from tolerance and an assertion of facts (supported by data if available) showing that new uses for the pesticide chemical have been developed or old uses abandoned, that new data are available as to toxicity of the chemical, or that experience with the application of the tolerance or exemption from tolerance may justify its modification or revocation. Evidence that a person has registered or has submitted an application for the registration of a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act will be regarded as evidence that the person has a substantial interest in a tolerance or exemption from the requirement of a tolerance for a pesticide chemical that consists in whole or in part of the pesticide. New data should be furnished in the form specified in § 180.7(b) for submitting petitions, as applicable. (c) The procedures for completing action on an Administrator initiated proposal or a petition shall be those specified in §§ 180.29 and 180.7, as applicable. | |||
| 40:40:26.0.1.1.27.2.19.8 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.33 Fees. | EPA | [68 FR 24371, May 7, 2003, as amended at 69 FR 12544, Mar. 17, 2004; 70 FR 33363, June 8, 2005; 71 FR 35547, June 21, 2006] | (a) Each petition for the establishment of a new tolerance or a tolerance higher than already established, shall be accompanied by a fee of $80,950, plus $2,025 for each raw agricultural commodity more than nine on which the establishment of a tolerance is requested, except as provided in paragraphs (b), (d), and (h) of this section. (b) Each petition for the establishment of a tolerance at a lower numerical level or levels than a tolerance already established for the same pesticide chemical, or for the establishment of a tolerance on additional raw agricultural commodities at the same numerical level as a tolerance already established for the same pesticide chemical, shall be accompanied by a fee of $18,500 plus $1,225 for each raw agricultural commodity on which a tolerance is requested. (c) Each petition for an exemption from the requirement of a tolerance or repeal of an exemption shall be accompanied by a fee of $14,925. (d) Each petition or request for a temporary tolerance or a temporary exemption from the requirement of a tolerance shall be accompanied by a fee of $32,325 except as provided in paragraph (e) of this section. A petition or request to renew or extend such temporary tolerance or temporary exemption shall be accompanied by a fee of $4,600. (e) A petition or request for a temporary tolerance for a pesticide chemical which has a tolerance for other uses at the same numerical level or a higher numerical level shall be accompanied by a fee of $16,075, plus $1,225 for each raw agricultural commodity on which the temporary tolerance is sought. (f) Each petition for revocation of a tolerance shall be accompanied by a fee of $10,125. Such fee is not required when, in connection with the change sought under this paragraph, a petition is filed for the establishment of new tolerances to take the place of those sought to be revoked and a fee is paid as required by paragraph (a) of this section. (g) If a petition or a request is not accepted for processing because it is technically incomplete, the fe… | |||
| 40:40:26.0.1.1.27.2.19.9 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | B | Subpart B—Procedural Regulations | § 180.34 Tests on the amount of residue remaining. | EPA | [36 FR 22540, Nov. 25, 1971, as amended at 39 FR 28286, Aug. 6, 1974; 39 FR 28977, Aug. 13, 1974; 40 FR 6972, Feb. 18, 1975; 45 FR 82928, Dec. 17, 1980; 48 FR 29860, June 29, 1983; 60 FR 26635, May 17, 1995; 73 FR 75600, Dec. 12, 2008] | (a) Data in a petition on the amount of residue remaining in or on a raw agricultural commodity should establish the residue that may remain when the pesticide chemical is applied according to directions registered under the Federal Insecticide, Fungicide, and Rodenticide Act, or according to directions contained in an application for registration. These data should establish the residues that may remain under conditions most likely to result in high residues on the commodity. (b) The petition should establish the reliability of the residue data reported in it. Sufficient information should be submitted about the analytical method to permit competent analysts to apply it successfully. (c) If the pesticide chemical is absorbed into a living plant or animal when applied (is systemic), residue data may be needed on each plant or animal on which a tolerance or exemption is requested. (d) If the pesticide chemical is not absorbed into the living plant or animal when applied (is not systemic), it may be possible to make a reliable estimate of the residues to be expected on each commodity in a group of related commodities on the basis of less data than would be required for each commodity in the group, considered separately. (e) Each of the following groups of crops lists raw agricultural commodities that are considered to be related for the purpose of paragraph (d) of this section. Commodities not listed in this paragraph are not considered to be related for the purpose of paragraph (d) of this section. (1) Apples, crabapples, pears, quinces. (2) Avocados, papayas. (3) Blackberries, boysenberries, dewberries, loganberries, raspberries. (4) Blueberries, currants, gooseberries, huckleberries. (5) Cherries, plums, prunes. (6) Oranges, citrus citron, grapefruit, kumquats, lemons, limes, tangelos, tangerines. (7) Mangoes, persimmons. (8) Peaches, apricots, nectarines. (9) Beans, peas, soybeans (each in dry form). (10) Beans, peas, soybeans (each in succulent form). (11) Broccoli, brussels sprouts, cauliflower… | |||
| 40:40:26.0.1.1.27.3.19.1 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.101 Specific tolerances; general provisions. | EPA | (a) The tolerances established for pesticide chemicals in this subpart C apply to residues resulting from their application prior to harvest or slaughter, unless otherwise stated. Tolerances are expressed in terms of parts by weight of the pesticide chemical per one million parts by weight of the raw agricultural commodity. (b) The poisonous and deleterious substances for which tolerances are established by the regulations in this subpart C are named by their common names wherever practicable, otherwise by their chemical names. (c) The analytical methods to be used for determining whether pesticide residues, including negligible residues, in or on raw agricultural commodities are in compliance with the tolerances established in this part 180 are identified among the methods contained or referenced in the Food and Drug Administration's “Pesticide Analytical Manual” which is available from the Food and Drug Administration, Department of Health, Education, and Welfare, 200 C Street SW., Washington, DC 20204. | ||||
| 40:40:26.0.1.1.27.3.19.10 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.117 | EPA | [75 FR 60239, Sept. 29, 2010, as amended at 82 FR 42952, Sept. 13, 2017] | (a) General. Tolerances are established for residues of the herbicide S -ethyl dipropylthiocarbamate, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of S -ethyl dipropylthiocarbamate, S -ethyl (2-hydroxypropyl)propylcarbamothioate, S -(2-hydroxyethyl)dipropylcarbamothioate, and S -ethyl (3-hydroxypropyl)propylcarbamothioate, calculated as the stoichiometric equivalent of S -ethyl dipropylthiocarbamate, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.100 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.337 Oxytetracycline; tolerances for residues. | EPA | [76 FR 23493, Apr. 27, 2011, as amended at 82 FR 13251, Mar. 10, 2017; 83 FR 62493, Dec. 4, 2018] | (a) General. Tolerances are established for residues of the fungicide/bactericide oxytetracycline, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4-(dimethylamino)-1,4,4a,5,5a,6,11,12a-octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl-1,11-dioxo-2-naphthacenecarboxamide, in or on the commodity. (b) Section 18 emergency exemptions. Time-limited tolerances specified in the following table are established for residues of the fungicide/bactericide oxytetracycline, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4-(dimethylamino)-1,4,4a,5,5a,6,11,12a-octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl-1,11-dioxo-2-naphthacenecarboxamide, in or on the specified agricultural commodities, resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. The tolerances expire on the dates specified in the table. (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.101 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.339 MCPA; tolerances for residues. | EPA | [86 FR 71154, Dec. 15, 2021] | (a) General. Tolerances are established for residues of the herbicide MCPA, including its metabolites and degradates, in or on the commodities in table 1 to this paragraph (a). Compliance with the tolerance levels specified in Table 1 to this paragraph (a) is to be determined by measuring only MCPA, 2-(4-chloro-2-methylphenoxy)acetic acid, in or on the commodity. Table 1 to Paragraph ( a ) (b)-(d) [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.102 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.341 2,4-Dinitro-6-octylphenyl crotonate and 2,6-dinitro-4-octylphenyl crotonate; tolerances for residues. | EPA | [40 FR 29715, July 15, 1975, as amended at 63 FR 57076, Oct. 26, 1998; 69 FR 43924, July 23, 2004] | (a) General. Tolerances are established for combined negligible residues of a fungicide and insecticide that is a mixture of 2,4-dinitro-6-octylphenyl crotonate and 2,6-dinitro-4-octylphenyl crotonate in or on raw agricultural commodities as follows: 1 There are no U.S. registrations on apple and grape as of October 24, 2002. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.103 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.342 Chlorpyrifos; tolerances for residues. | EPA | [65 FR 33711, May 24, 2000, as amended at 67 FR 49617, July 31, 2002; 71 FR 74817, Dec. 13, 2006; 73 FR 53739, Sept. 17, 2008; 76 FR 56656, Sept. 14, 2011; 86 FR 48336, Aug. 30, 2021; 89 FR 7627, Feb. 5, 2024] | (a) General. (1) Tolerances are established for residues of the pesticide chlorpyrifos per se ( O,O -diethyl- O -(3,5,6-trichloro-2-pyridyl) phosphorothioate) in or on the following food commodities: (2) Chlorpyrifos [ O,O- diethyl O- (3,5,6-trichloro-2-pyridyl) phosphorothioate] may be safely used in accordance with the following prescribed conditions. (i) Application shall be limited solely to spot and/or crack and crevice treatment in food handling establishments where food and food products are held, processed, prepared or served. Contamination of food or food contact surfaces shall be avoided. Food must be removed or covered during treatment. (ii) Spray concentration for spot treatment shall be limited to a maximum of 0.5 percent of the active ingredient by weight. A course, low-pressure spray shall be used to avoid atomization or splashing of the spray. (iii) Paint-on application for spot treatment shall be limited to a maximum of 2 percent of the active ingredient by weight. (iv) Crack and crevice treatment shall be limited to a maximum of 2 percent of the active ingredient by weight. Equipment capable of delivering a pin-stream of insecticide shall be used. (v) Application via adhesive strips shall contain a maximum of 10% by weight of the controlled-release product in food-handling establishments where food and food products are held, processed, prepared, or served. A maximum of 36 strips (or 5.15 grams of chlorpyrifos) is to be used per 100 square feet of floor space. The strips are not to be placed in exposed areas where direct contact with food, utensils, and food-contact surfaces would be likely to occur. (vi) To assure safe use of the insecticide, its label and labeling shall conform to that registered by the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling. (3) A tolerance of 0.1 part per million is established for residues of chlorpyrifos, per se, in or on food commodities (other than those already covered by a higher tolerance as a… | |||
| 40:40:26.0.1.1.27.3.19.104 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.345 Ethofumesate; tolerances for residues. | EPA | [63 FR 34828, June 26, 1998, as amended at 71 FR 51516, Aug. 30, 2006; 72 FR 52019, Sept. 12, 2007; 82 FR 57158, Dec. 4, 2017] | (a) General. Tolerance are established for residues of the herbicide ethofumesate, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels specified below is to be determined by measuring only the sum of ethofumesate, 2-ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate, and its metabolites 2-hydroxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate, and 2,3-dihydro-3,3-dimethyl-2-oxo-5-benzofuranylmethanesulfonate, calculated as the stoichiometric equivalent of ethofumesate, in or on the following food commodities. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with a regional registration, as defined in § 180.1(l) are established for residues of the herbicide ethofumesate, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels specified is to be determined by measuring only the sum of ethofumesate, 2-ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate, and its metabolites 2-hydroxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate, and 2,3-dihydro-3,3-dimethyl-2-oxo-5-benzofuranylmethanesulfonate, calculated as the stoichiometric equivalent of ethofumesate, in or on the raw agricultural commodities. (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.105 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.349 Fenamiphos; tolerances for residues. | EPA | [65 FR 33712, May 24, 2000, as amended at 73 FR 53739, Sept. 17, 2008; 75 FR 60243, Sept. 29, 2010] | (a) General. Tolerances are established for residues of the nematicide/insecticide fenamiphos, ethyl 3-methyl-4-(methylthio)phenyl 1-(methylethyl)phosphoramidate, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of fenamiphos, ethyl 3-methyl-4-(methylthio)phenyl 1-(methylethyl)phosphoramidate, and its cholinesterase inhibiting metabolites ethyl 3-methyl-4-(methylsulfinyl)phenyl 1-(methylethyl)phosphoramidate and ethyl 3-methyl-4-(methylsulfonyl)phenyl 1-(methylethyl)phosphoramidate, calculated as the stoichiometric equivalent of fenamiphos, in or on the commodity. 1 There are no U.S. registrations as of May 31, 2007. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.106 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.350 Nitrapyrin; tolerances for residues. | EPA | [46 FR 58315, Dec. 1, 1981, as amended at 47 FR 22957, May 26, 1982; 52 FR 33238, Sept. 2, 1987; 58 FR 32304, June 9, 1993; 63 FR 57076, Oct. 26, 1998; 72 FR 53461, Sept. 19, 2007; 82 FR 56744, Nov. 30, 2017; 84 FR 44712, Aug. 27, 2019; 85 FR 48654, Aug. 12, 2020; 87 FR 3449, Jan. 24, 2022] | (a) General. Tolerances are established for residues of the nitrification inhibitor nitrapyrin, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels specified below is to be determined by measuring only the sum of nitrapyrin (2-chloro-6-(trichloromethyl) pyridine) and its 6-CPA metabolite (6-chloro-picolinic acid), calculated as the stoichiometric equivalent of nitrapyrin, in or on the commodity: Table 1 to Paragraph ( a ) (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.107 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.352 Terbufos; tolerances for residues. | EPA | [73 FR 53740, Sept. 17, 2008] | (a) General. Tolerances are established for the combined residues of the insecticide terbufos (phosphorodithioic acid, S -(t-butylthio)methyl O,O -diethyl ester) and its phosphorylated (cholinesterase-inhibiting) metabolites (phosphorothioic acid, S -(t-butylthio)methyl O,O -diethyl ester; phosphorothioic acid, S -(t-butylsulfinyl)methyl O,O -diethyl ester; phosphorothioic acid, S -(t-butylsulfonyl)methyl O,O -diethyl ester; phosphorodithioic acid, S -(t-butylsulfinyl)methyl O,O -diethyl ester; and phosphorodithioic acid, S -(t-butylsulfonyl)methyl O,O -diethyl ester) in or on food commodities: 1 There are no U. S. registrations as of August 2, 1995, for the use of terbufos on the growing crop, coffee. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.108 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.353 Desmedipham; tolerances for residues. | EPA | [40 FR 4658, Jan. 31, 1975, as amended at 62 FR 45747, Aug. 29, 1997; 63 FR 49472, Sept. 16, 1998; 64 FR 46292, Aug. 25, 1999; 65 FR 82293, Dec. 28, 2000; 66 FR 64773, Dec. 14, 2001; 68 FR 37764, June 25, 2003; 69 FR 71717, Dec. 10, 2004; 72 FR 53449, Sept. 19, 2007; 73 FR 53740, Sept. 17, 2008] | (a) General. Tolerances are established for residues of the herbicide desmedipham, (ethyl- m -hydroxycarbanilate carbanilate) in or on the following raw agricultural commodities in the table that follows: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.109 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.355 Bentazon; tolerances for residues. | EPA | [42 FR 26979, May 26, 1977] | (a) General. (1) Tolerances are established for residues of bentazon, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels specified below is to be determined by measuring for only the sum of bentazon (3-(1-methylethyl)-1 H -2,1,3-benzothiadiazin-4(3 H )-one 2,2-dioxide), 6-hydroxy-3-isopropyl-1 H -2,1,3-benzothiadiazin-4(3 H )-one 2,2-dioxide, and 8-hydroxy-3-isopropyl-1 H -2,1,3-benzothiadiazin-4(3 H )-one 2,2-dioxide calculated as the stoichiometric equivalent of bentazon. (2) Tolerances are established for the combined residues of the herbicide bentazon (3-isopropyl-1 H -2,1,3-benzothiadiazin-4(3 H )-one-2,2-dioxide) and its metabolite 2-amino- N -isopropyl benzamide (AIBA) in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. Tolerances with regional registration as defined in § 180.1(m), are established for combined residues of the herbicide, bentazon (3-isopropyl-1H-2, 1,3-benzothiadiazin-4(3H)-one-2,2-dioxide) and its 6- and 8-hydroxy metabolites in or on the following food commodities: (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.11 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.123 Inorganic bromide residues resulting from fumigation with methyl bromide; tolerances for residues. | EPA | [71 FR 74812, Dec. 13, 2006, as amended at 75 FR 60239, Sept. 29, 2010] | (a) General. (1) Tolerances are established for residues of inorganic bromides (calculated as Br) in or on the following food commodities which have been fumigated with the antimicrobial agent and insecticide methyl bromide after harvest (with the exception of strawberry): (2) Inorganic bromide may be present as a residue in certain processed food in accordance with the following conditions: (i) When inorganic bromide residues are present as a result of fumigation of the processed food with methyl bromide or from such fumigation in addition to the authorized use of methyl bromide on the source raw agricultural commodity, as provided for in this part, the total residues of inorganic bromides (calculated as Br) shall not exceed the following levels: (A) 400 parts per million in or on egg, dried and herb, processed and spice. (B) 325 parts per million in or on cheese, parmesan and cheese, roquefort cheese. (C) 250 parts per million in or on tomato, concentrated products and fig, dried fruit. (D) 125 parts per million in or on processed food other than those listed above. (ii) When inorganic bromide residues are present in malt beverage, fermented in accordance with 21 CFR 172.730(a)(2), the amount shall not exceed 25 parts per million (calculated as Br). (iii) Where tolerances are established on both the raw agricultural commodities and processed food made therefrom, the total residues of inorganic bromides in or on the processed food shall not be greater than those designated in paragraph (a)(2) of this section, unless a higher level is established elsewhere in this part. (3) Tolerances are established for residues of inorganic bromides (calculated as Br) as follows: (i) 400 parts per million for residues in or on dog food, resulting from fumigation with methyl bromide. (ii) 125 parts per million for residues in or on processed commodities for animal feedstuffs from barley, corn, grain sorghum, oat, rice, rye and wheat, resulting directly from fumigation with methyl bromide or from carryover and concen… | |||
| 40:40:26.0.1.1.27.3.19.110 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.356 Norflurazon; tolerances for residues. | EPA | [47 FR 14909, Apr. 7, 1982] | (a) General. Tolerances are established for the combined residues of the herbicide norflurazon (4-chloro-5-(methylamino)-2-(alpha, alpha, alpha-trifluoro- m -tolyl)-3-(2 H )-pyridazinone) and its desmethyl metabolite 4-chloro-5-(amino)-2-alpha, alpha, alpha-trifluoro- m -tolyl)-3(2 H )-pyridazinone in or on the following raw agricultural commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registration. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.111 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.360 Asulam; tolerance for residues. | EPA | [68 FR 39441, July 1, 2003, as amended at 72 FR 37654, July 11, 2007] | (a) General. Tolerances are established for the combined residues of asulam (methyl sulfanilylcarbamate) and its sulfanilamide containing metabolites in or on the following food commodities: (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.112 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.361 Pendimethalin; tolerances for residues. | EPA | [49 FR 15293, Apr. 18, 1984] | (a)(1) General. Tolerances are established for residues of the herbicide pendimethalin, including its metabolites and degradates, in or on the commodities. Compliance with the tolerance levels specified in the following table below is to be determined by measuring only the sum of pendimethalin, [ N -(1-ethylpropyl)-3,4-dimethyl-2,6-dinitrobenzenamine] and its metabolite, 4-[(1-ethylpropyl)amino]-2-methyl-3,5-dinitrobenzyl alcohol, calculated as the stoichiometric equivalent of pendimethalin, in or on the commodity. Table 1 to Paragraph ( a )(1) (2) Tolerances are established for residues of the herbicide pendimethalin, including its metabolites and degradates, in or on commodities listed in the following table. Compliance with the tolerance levels is to be determined by measuring only the sum of pendimethalin ( N -(1-ethylpropyl)-3,4-dimethyl-2,6-dinitrobenzenamine)) and its metabolite, 1-(1-ethylpropyl)-5, 6-dimethyl-7-nitro-1 H -benzimidazole (metabolite 6), calculated as the stoichiometric equivalent of pendimethalin, in or on the commodity. Table 2 to Paragraph ( a )(2) (b) [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.113 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.362 Fenbutatin-oxide; tolerances for residues. | EPA | [65 FR 33713, May 24, 2000, as amended at 72 FR 41930, Aug. 1, 2007; 73 FR 5109, Jan. 29, 2008; 76 FR 23494, Apr. 27, 2011] | (a) General. (1) Tolerances are established for residues of the miticide/acaricide fenbutatin-oxide, including its metabolites and degradates, in or on the plant commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only fenbutatin-oxide, hexakis (2-methyl-2-phenylpropyl) distannoxane, in or on the commodity. (2) Tolerances are established for residues of the miticide/acaricide fenbutatin-oxide, including its metabolites and degradates, in or on the animal commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of fenbutatin-oxide, hexakis (2-methyl-2-phenylpropyl) distannoxane, and its organotin metabolites, dihydroxybis(2-methyl-2-phenylpropyl) stannane and 2-methyl-2-phenylpropylstannoic acid, calculated as the stoichiometric equivalent of fenbutatin-oxide, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. A tolerance with regional registration, as defined in § 180.1(l), is established for residues of the miticide/acaricide fenbutatin-oxide, including its metabolites and degradates, in or on the plant commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only fenbutatin-oxide, hexakis (2-methyl-2-phenylpropyl) distannoxane, in or on the commodity. (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.114 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.364 Glyphosate; tolerances for residues. | EPA | [45 FR 64911, Oct. 1, 1980] | (a) General. (1) Tolerances are established for residues of glyphosate, including its metabolites and degradates, in or on the commodities listed below resulting from the application of glyphosate, the isopropylamine salt of glyphosate, the ethanolamine salt of glyphosate, the dimethylamine salt of glyphosate, the ammonium salt of glyphosate, and the potassium salt of glyphosate. Compliance with the following tolerance levels is to be determined by measuring only glyphosate ( N- (phosphonomethyl)glycine). (2) Tolerances are established for residues of glyphosate, including its metabolites and degradates, in or on the commodities listed below resulting from the application of glyphosate, the isopropylamine salt of glyphosate, the ethanolamine salt of glyphosate, the dimethylamine salt of glyphosate, the ammonium salt of glyphosate, and the potassium salt of glyphosate. Compliance with the following tolerance levels is to be determined by measuring only glyphosate ( N- (phosphonomethyl)glycine) and its metabolite N- acetyl-glyphosate ( N- acetyl- N- (phosphonomethyl)glycine; calculated as the stoichiometric equivalent of glyphosate). (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.115 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.367 | EPA | [65 FR 33713, May 24, 2000, as amended at 75 FR 60243, Sept. 29, 2010] | (a) General. A tolerance of 5 parts per million is established for residues of the insecticide synergist N -octyl bicycloheptene dicarboximide, including its metabolites and degradates, in or on all food items in food handling establishments where food and food products are held, processed, prepared and/or served, provided that the food is removed or covered prior to such use, except for bagged food in warehouse storage which need not be removed or covered prior to applications of formulations containing N -octyl bicycloheptene dicarboximide. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only N -octyl bicycloheptene dicarboximide, in or on the commodity. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] | |||
| 40:40:26.0.1.1.27.3.19.116 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.368 Metolachlor and | EPA | [73 FR 53740, Sept. 17, 2008, as amended at 74 FR 48412, Sept. 23, 2009; 75 FR 56903, Sept. 17, 2010; 77 FR 48906, Aug. 15, 2012; 77 FR 59127, Sept. 26, 2012; 79 FR 17441, Mar. 28, 2014; 80 FR 38986, July 8, 2015; 83 FR 12274, Mar. 21, 2018; 84 FR 8617, Mar. 11, 2019; 85 FR 40131, July 6, 2020; 91 FR 8104, Feb. 20, 2026] | (a) General. (1) Tolerances are established for the combined residues (free and bound) of the herbicide metolachlor, 2-chloro- N -(2- ethyl-6-methylphenyl)- N -(2-methoxy-1-methylethyl)acetamide, and its metabolites, determined as the derivatives, 2- [(2-ethyl-6- methylphenyl)amino]-1-propanol and 4-(2-ethyl-6-methylphenyl)-2- hydroxy-5-methyl-3-morpholinone, each expressed as the parent compound in the following raw agricultural commodities: Table 1 to Paragraph ( a )(1) (2) Tolerances are established for residues of S-metolachlor, including its metabolites and degradates, in or on the commodity(s), as defined. Compliance with the tolerance levels specified in the following table below is to be determined by measuring only the sum of free and bound S-metolachlor, S-2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-methylethyl)acetamide, its R-enantiomer, and its metabolites, determined as the derivatives, 2-(2-ethyl-6-methylphenyl)amino-1-propanol and 4-(2-ethyl-6-methylphenyl)-2-hydroxy-5-methyl-3-morpholinone, calculated as the stoichiometric equivalent of S-metolachlor, in or on the commodity. Table 2 to Paragraph ( a )(2) (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. (1) Tolerances with regional registration as defined in 180.1(l) are established for the combined residues (free and bound) of the herbicide metolachlor [2-chloro- N -(2-ethyl-6-methylphenyl)- N -(2-methoxy-1-methylethyl)acetamide] and its metabolites, determined as the derivatives, 2-[2-ethyl-6-methylphenyl)amino]-1-propanol and 4-(2-ethyl-6-methylphenyl)-2-hydroxy-5-methyl-3-morpholinone, each expressed as the parent compound, in or on the following raw agricultural commodities: (2) Tolerances with regional registration are established for residues of S-metolachlor, including its metabolites and degradates, in or on the commodities identified in the following table below. Compliance with the tolerance levels specified in the following table below is to be determined by measuring only t… | |||
| 40:40:26.0.1.1.27.3.19.117 | 40 | Protection of Environment | I | E | 180 | PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD | C | Subpart C—Specific Tolerances | § 180.370 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole; tolerances for residues. | EPA | [47 FR 49845, Nov. 3, 1982, as amended at 48 FR 12088, Mar. 23, 1983; 63 FR 57076, Oct. 26, 1998; 72 FR 41931, Aug. 1, 2007; 73 FR 54961, Sept. 24, 2008; 81 FR 34905, June 1, 2016; 91 FR 8107, Feb. 20, 2026] | (a) General. Tolerances are established for residues of the fungicide etridiazole, including its metabolites and degradates, in or on the commodities in table 1 to this paragraph (a). Compliance with the tolerance levels is to be determined by measuring only the residues of etridiazole, (5-ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole), and its metabolite etridiazole acid, (3-carboxy-5-ethoxy-1,2,4-thiadiazole), calculated as the stoichiometric equivalent of etridiazole, in or on the commodity: Table 1 to Paragraph ( a ) 1 This tolerance expires on August 19, 2026. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);