Skip to content
LexBuild

40 CFR § 172.43 - Definitions.

---
identifier: "/us/cfr/t40/s172.43"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 172.43 - Definitions."
title_number: 40
title_name: "Protection of Environment"
section_number: "172.43"
section_name: "Definitions."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "E"
subchapter_name: "PESTICIDE PROGRAMS"
part_number: "172"
part_name: "EXPERIMENTAL USE PERMITS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 136c, 136w. Section 172.4 is also issued under 31 U.S.C. 9701."
regulatory_source: "40 FR 18782, Apr. 30, 1975, unless otherwise noted."
cfr_part: "172"
---

# 172.43 Definitions.

Terms used in this subpart shall, with the exception of those defined below, have the meaning set forth in the Act and in § 172.1.

*Containment and inactivation controls* means any combination of mechanical, procedural, or biological controls designed and operated to restrict environmental release of viable microorganisms from a facility.

*Deliberately modified* means the directed addition, rearrangement, or removal of nucleotide sequences to or from genetic material.

*Introduction of genetic material* means the movement of nucleotide sequences into a microorganism, regardless of the technique used.

*Inversions of genetic material* means the replacement of an internal section of a chromosome in the reverse orientation.

*Microbial pesticide* means a microbial agent intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, that:

(1) Is a eucaryotic microorganism including, but not limited to, protozoa, algae and fungi;

(2) Is a procaryotic microorganism, including, but not limited to, Eubacteria and Archaebacteria; or

(3) Is a parasitically replicating microscopic element, including, but not limited to, viruses.

*Microbial pesticides resulting from rearrangements* means a microbial pesticide resulting from translocations or inversions of genetic material.

*Microorganism* means a bacterium, fungus, alga, virus, or protozoan.

*Nonindigenous microbial pesticide* means a microbial pesticide brought into one of the following geographic areas from outside that area:

(1) The continental United States, including Alaska, and the immediately adjoining countries (*i.e.*, Canada and Mexico).

(2) The Hawaiian Islands.

(3) The Caribbean Islands including Puerto Rico and the U.S. Virgin Islands.

*Pesticidal property* means a characteristic exhibited by a microorganism that contributes to the intentional use of the microorganism to prevent, destroy, repel, or mitigate a pest or to act as a plant regulator, defoliant, or desiccant.

*Single genome* means the sum total of chromosomal and extrachromosomal genetic material of an isolate and any descendants derived under axenic culture conditions from that isolate.

*Small-scale test* means the experimental use of a microbial pesticide in a facility such as a laboratory or greenhouse, or use in limited replicated field trials or other tests as described in § 172.3(c).

*Test* or *testing* means any use of a microbial pesticide consistent with section 5 of the Act, including limited replicated field trials and associated activities.

*Translocations of genetic material* means a chromosomal configuration in which part of a chromosome becomes attached to a different chromosome, or inserts in a different location on the same chromosome.

[59 FR 45612, Sept. 1, 1994, as amended at 72 FR 61029, Oct. 26, 2007]