40 CFR § 180.1076 - Viable spores of the microorganism exemption from the requirement of a tolerance.

---
identifier: "/us/cfr/t40/s180.1076"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 180.1076 - Viable spores of the microorganism  exemption from the requirement of a tolerance."
title_number: 40
title_name: "Protection of Environment"
section_number: "180.1076"
section_name: "Viable spores of the microorganism  exemption from the requirement of a tolerance."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "E"
subchapter_name: "PESTICIDE PROGRAMS"
part_number: "180"
part_name: "TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "21 U.S.C. 321(q), 346a and 371."
regulatory_source: "36 FR 22540, Nov. 25, 1971, unless otherwise noted."
cfr_part: "180"
---


# 180.1076 Viable spores of the microorganism  exemption from the requirement of a tolerance.

(a) For the purposes of this section the microbial insecticide for which exemption from the requirement of a tolerance is being established shall have the following specifications:

(1) The microorganism shall be an authentic strain of *Bacillus popilliae* conforming to the morphological and biochemical characteristics of *Bacillus popilliae* as described in Bergey's Manual of Determinative Bacteriology, Eighth Edition.

(2) Spore preparations of *Bacillus popilliae* shall be produced by an extraction process from diseased Japanese beetles, and may contain a small percentage of the naturally occurring milky disease bacterium *Bacillus lentimorbus.*

(3) Each lot of spore preparation, prior to the addition of other materials, shall be tested by subcutaneous injection of at least 1 million spores into each of five laboratory test mice weighing 17 grams to 23 grams. Such test shall show no evidence of infection of injury in the test animals when observed for 7 days following injection.

(b) Exemption from the requirement of a tolerance is established for residues of the microbial insecticide *Bacillus popilliae*, as specified in paragraph (a) of this section in or on grass, pasture, forage and grass, rangeland, forage when it is applied to growing crops in accordance with good agricultural practices.

[47 FR 38535, Sept. 1, 1982, as amended at 74 FR 26535, June 3, 2009]