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Tolerance Crop Grouping Program V

---
identifier: "/us/fr/2020-23874"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Tolerance Crop Grouping Program V"
title_number: 0
title_name: "Federal Register"
section_number: "2020-23874"
section_name: "Tolerance Crop Grouping Program V"
positive_law: false
currency: "2020-11-06"
last_updated: "2020-11-06"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Environmental Protection Agency"
document_number: "2020-23874"
document_type: "rule"
publication_date: "2020-11-06"
agencies:
  - "Environmental Protection Agency"
cfr_references:
  - "40 CFR Part 180"
rin: "2070-AJ28"
fr_citation: "85 FR 70976"
fr_volume: 85
docket_ids:
  - "EPA-HQ-OPP-2006-0766"
  - "FRL-10015-19"
effective_date: "2021-01-05"
fr_action: "Final rule."
---

#  Crop group tables.

**AGENCY:**

Environmental Protection Agency (EPA).

**ACTION:**

Final rule.

**SUMMARY:**

This final rule revises the current pesticide tolerance crop grouping regulations, which allow the establishment of tolerances for multiple related crops based on data from a representative set of crops. Specifically, the final rule revises one commodity definition, adds three new commodity definitions, and amends the current herbs and spices crop group currently provided in Crop Group 19. The crops in the current “Crop Group 19: Herbs and Spices Group” are separated into two new crop groups, “Crop Group 25: Herb Group” and “Crop Group 26: Spice Group” and additional commodities are added to Crop Groups 25 and 26. These revisions will increase the utility and benefit of the crop grouping system for producers and other stakeholders involved in commercial agriculture. This is the fifth in a series of planned crop group updates.

**DATES:**

This final rule is effective January 5, 2021.

**ADDRESSES:**

The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2006-0766, is available at *http://www.regulations.gov* or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805.

Due to the public health concerns related to COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit *https://www.epa.gov/dockets.*

**FOR FURTHER INFORMATION CONTACT:**

Sara Kemme, Regulatory Support Branch, Mission Support Division, Office of Program Support, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number (703) 347-8533; email address: *[email protected].*

**SUPPLEMENTARY INFORMATION:**

**I. Executive Summary**

**A. Does this action apply to me?**

You may be potentially affected by this action if you are an agricultural producer or food manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

• Crop production (NAICS code 111).

• Animal production (NAICS code 112).

• Food manufacturing (NAICS code 311).

• Pesticide manufacturing (NAICS code 32532).

**B. What is the Agency's authority for taking this action?**

This rule is issued under the authority of section 408(e)(1)(C) of the Federal Food, Drug, and Cosmetic Act (FFDCA), which authorizes EPA to establish “general procedures and requirements to implement (section 408).” 21 U.S.C. 346a(e)(1)(C). Under section 408 of the FFDCA, EPA establishes tolerances for pesticide chemical residues in or on food, where there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue. A tolerance is the maximum permissible residue level established for a pesticide in raw agricultural commodities and processed foods. EPA establishes tolerances for each pesticide after assessing the potential risks to human health posed by that pesticide. The crop group regulations currently in 40 CFR 180.40 and 180.41 enable the establishment of tolerances for a group of crops based on residue data for certain crops that are representative of the group.

**C. What action is the Agency taking?**

This final rule revises EPA's regulations governing crop group tolerances for pesticides. Specifically, this rule is finalizing a revision to one commodity definition, adding three new commodity definitions, and amending the current herbs and spices crop group currently provided in Crop Group 19. The crops in the current “Crop Group 19: Herbs and Spices Group” are separated into two new crop groups, “Crop Group 25: Herb Group” and “Crop Group 26: Spice Group” and additional commodities are added to Crop Groups 25 and 26. This final rule is the fifth in an ongoing series of crop group updates, including additional updates expected to be promulgated in the next several years.

**D. Why is the Agency taking this action?**

EPA sets tolerances, which are the maximum amount of a pesticide allowed to remain in or on a food, as part of the process of regulating pesticides that may leave residues in food. Crop groups are established when residue data for certain representative crops are used to establish pesticide tolerances for a group of crops that are botanically or taxonomically related. Representative crops of a crop group or subgroup are those whose residue data can be used to establish a tolerance for the entire group or subgroup.

With the establishment of crop groups such as the ones in this final rule, EPA seeks to:

• Enhance our ability to conduct food safety evaluations on herb and spice crops for tolerance-setting purposes;

• Promote global harmonization of food safety standards;

• Reduce regulatory burden; and

• Ensure food safety for agricultural goods.

**E. What are the estimated incremental economic impacts of this action?**

EPA prepared an Economic Analysis which shows that this is a burden-reducing regulation (Ref. 1). Crop grouping saves money by permitting the results of pesticide residue studies for some crops, called representative crops, to be applied to other, similar crops in the group. EPA expects these revisions to promote greater use of crop groupings for tolerance-setting purposes, both domestically and in countries that export food to the U.S.

The estimate of cost savings from creating the new, separate herb group and spice group is $51.8 million annually.

**II. The Proposed Rule**

EPA published a notice of proposed rulemaking in the *Federal Register* on August 27, 2019 (84 FR 44804) (FRL-9996-03). Eight parties submitted comments on the proposal: One private citizen; Hudson Trading Group; Canadian Specialty Agriculture Association; Alberta *Rhodiola Rosea* Growers Organization, Inc.; American Spice Trade Association; American Herbal Products Association; Aromatics, Inc.; and the Provincial Minor Use Coordinator for Alberta, Canada.

**III. Response to Comments**

In this unit, EPA describes the major provisions of the proposed rule, the comments received on the provisions and EPA's responses to the comments, and EPA's determination regarding the final rule.

**A. Separation of Herbs and Spices in Crop Group 19: Herbs and Spices**

EPA proposed to divide the current “Crop Group 19: Herbs and Spices Group” into two separate crop groups. In accordance with the process outlined in 40 CFR 180.40(j), Crop Group 19 will be retained in the CFR until all the tolerances for the pre-existing Crop Group 19 and its associated subgroups have been updated to comply with the new crop groups.

EPA received comments expressing support for the proposed rule. Commenters pointed out the potential for reducing the regulatory burden associated with establishing a tolerance while maintaining the safety of the food supply. In addition, commenters were supportive of EPA harmonizing standards with international partners such as Canada and Mexico, and with Codex Alimentarius Commission (Codex). EPA is finalizing the proposed approach of separating the current “Crop Group 19: Herbs and Spices Group” into two crop groups, “Crop Group 25: Herb Group” and “Crop Group 26: Spice Group.”

**B. Crop Group 25: Herb Group**

EPA proposed to establish a new crop group, titled “Crop Group 25: Herb Group.”

1. *Commodities.* EPA proposed to include 317 commodities in Crop Group 25. All the 317 proposed commodities are included in Crop Group 25 in this final rule. EPA added 101 new commodities directly to Crop Group 25 in response to commenter suggestions or, as discussed in the proposed rule, to include both fresh and dried forms of herb commodities whenever possible (84 FR 44811). EPA also added 25 commodities indirectly to Crop Group 25 by adding them to the definition in 40 CFR 180.1 of edible flowers, which is a commodity in Crop Group 25. A total of 418 commodities are included directly, and 25 indirectly through 40 CFR 180.1 to Crop Group 25.

Most of the commenters suggested that additional commodities be included in Crop Group 25. EPA evaluated whether these commodities should be included in Crop Group 25 by assessing whether the commodities are already in other crop groups and considering the same criteria used to determine the commodities included in the proposed rule: Similarities of growth habits, the herbs being either fresh or dried leaves, similar pest problems, sources of essential oil, lack of animal feed items, comparison of established tolerances, and international harmonization. EPA identified 101 new commodities that have been added directly to Crop Group 25 (54 commodities fresh and 47 commodities dried), plus 25 new commodities that have been added to the definition of edible flowers, and thus indirectly added to Crop Group 25. EPA determined that it is more appropriate to include some of the suggested commodities in other crop groups and that other commodities do not fit in any of the existing crop groups. The reasons for EPA's determinations are provided below.

EPA received four comments requesting that the Agency include *Rhodiola rosea* in the herb crop group. EPA is not adding *Rhodiola rosea* to the Herb Crop Group because EPA has determined that *R. rosea* is more appropriately placed in the Root and Tuber Vegetable Crop Group 1 as the edible part is the root. The Crop Group 1 will be revised as part of a future crop grouping regulation to include *R. rosea.* Rhodiola (also known as king's crown roots, golden root, rose root, Aaron's rod, Arctic root, or orpin rose) is better placed in the Root and Tuber Vegetable Crop Group than the Herb Crop Group 25, since the cultural practices are similar to other root and tuber crops.

EPA also received two comments, from Hudson Trading Group and the American Spice Trade Association (ASTA), requesting the addition of celery, dried leaves to Crop Group 25: Herb Group. EPA agrees this commodity is not currently covered by a crop group and has added celery, dried leaves, to the new Crop Group 25 and to subgroup 25B for dried herbs, since the cultural practices and pesticide residues are expected to be comparable to basil or mint, the representative commodities for the subgroup. The fresh leaves form of the commodity will remain in Stalk, Stem, and Leaf Petiole Vegetable Crop Group 22. As with some other crops ( *e.g.,* cilantro, parsley, and chives), the fresh leaves commodity of celery is assigned to a different crop group based on similarity in cultural practices and pesticide residues compared to other commodities in the crop group.

One commenter, Aromatics, Inc., asked EPA to consider including additional commodities in Crop Group 25. ASTA also requested that EPA add *Echinacea purpurea,* dried, to Crop Group 25. Below are the commodities requested by Aromatics, Inc. followed by the Agency's responses:

• Skullcap (Scutellaria lateriflora) leaf

○ “Skullcap, fresh leaves” and “Skullcap, dried leaves” have been added to include the leaves of this commodity due to similarities to the Herb Crop Group.

• Echinacea (aerial parts and roots of *Echinacea purpurea* and *Echinacea pallida* )

○ The commodity name of “Echinacea, dried leaves” has been expanded to include “ *Echinacea* spp.” to include the leaves of these commodities.

○ “Echinacea, fresh leaves” has been added and includes “ *Echinacea* spp.” in the scientific name to include the leaves of these commodities.

○ Crop Group 1: Root and Tuber Vegetable Group will be revised in the future to include the roots of these commodities.

• Licorice (Glycyrrhiza glabra) root

○ Crop Group 1: Root and Tuber Vegetable Group will be revised to include the roots of this commodity.

• Blackberry leaf ( *Rubus* spp.)

○ “Chinese blackberry, fresh leaves” and “Chinese blackberry, dried leaves” have been added to include the leaves of this commodity.

• Hibiscus (Hibiscus sabdariffa and Hibuscus lunariifolus)

○ The term “Hibiscus ( *Hibiscus* spp.)” in the commodity definition of “Flowers, edible, multiple species” already includes these commodities.

The American Herbal Products Association (AHPA) requested that EPA include several hundred additional commodities in Crop Group 25 or Crop Group 26. Table 1 in the AHPA comments includes 195 commodities that were submitted to EPA in 2013. AHPA restated its 2013 request that EPA include these commodities in a crop group. EPA already assessed whether to include these commodities in its work to identify commodities for the proposed rule. (See Refs. 2, 3 and 4). Because AHPA resubmitted the same list, EPA did not revisit this previous analysis for this final rule, although to the extent that commodities in AHPA Table 1 were suggested by other commenters, EPA evaluated them independently, and those responses are reflected in this preamble.

AHPA also identified more than 230 additional commodities, included in Table 2 of their comments, and requested that these be added to Crop Group 25 or 26 or another crop group. EPA's assessment of these commodities  is included in separate Tables, (Ref. 5). Out of the commodities in Table 2 of the AHPA comments, 110 commodities were added to the Herb Crop Group 25 or the Spice Crop Group 26, with some commodities being added to both Crop Group 25 for their leaves and to the definition of edible flower, multiple species for their flower resulting in more 110 additional terms. Specifically, 25 commodities were added to the edible flower, multiple species definition in 40 CFR 180.1; 37 were added to the Herb Crop Group 25; and 51 commodities were added to the Spice Crop Group 26. Of the remaining commodities, 52 were determined to already be members of crop groups or were already proposed for inclusion with Crop Group 25 or 26; 53 are intended to be added to other crop groups; and 17 were not considered appropriate for inclusion within EPA crop groups.

AHPA identified a few instances where the commodities in proposed Crop Groups 25 and 26 included a common name that they say is not as well established as the common or usual name of the commodity. One instance included the herb *Mitchella repens,* which AHPA noted is better named as “partridge berry” than as “squaw vine.” Another instance involved changing the common name of *Angelica dahurica* to “dahurian angelica.” The commenter also suggested that EPA use AHPA's reference, *Herbs of Commerce,* which is used to identify the common or usual names of ingredients of dietary supplements that are botanicals.

EPA agrees with the suggested change in the common name for *Mitchella repens* from squaw vine to partridge berry. EPA also incorporated a change regarding *Angelica dahurica,* which is intended to capture the most well established and common name used and is not a substantive change from the proposal for the commodity.

EPA consults a variety of sources and references, including *Herbs of Commerce,* when determining common names for commodities. Additionally, the Agency relies on stakeholder feedback to ensure the common name for a commodity reflects what is commonly used in channels of trade. The Agency has used available information to identify suitable common names for the commodities listed in Herb Crop Group 25 and Spice Crop Group 26, in order to avoid confusion.

2. *Representative commodities.* In the absence of comments, EPA is finalizing the proposed approach and is establishing the following commodities as representative commodities for Crop Group 25: Basil, fresh leaves; mint, fresh leaves; basil, dried leaves; and mint, dried leaves.

3. *Crop subgroups.* EPA is finalizing the proposed approach of establishing two crop subgroups for the new “Crop Group 25: Herb Group”: Subgroup 25A for fresh herbs and subgroup 25B for dried herbs.

EPA did not receive comments specifically addressing Subgroups 25A and 25B, although EPA revised these subgroups to include the commodities that were added to Subgroup 25. Also, EPA revised the herb subgroups to include commodities in both subgroups wherever possible, as discussed in the proposed rule (84 FR 44811). In the proposed rule, 11 commodities were included in Crop Group 25 only in their fresh leaves form. For the final rule Crop Group 25 and Crop Subgroup 25B, it also includes the dried leaves form of these commodities. Similarly, 19 commodities that were included in the proposed rule only in their dried leaves form are also included in the final rule in their fresh leaves form in Crop Group 25 and Crop Subgroup 25A.

4. *Commodity definitions.* In conjunction with the new Crop Group 25, this final rule establishes commodity definitions in 40 CFR 180.1(g) for basil and mint and amends the commodity definition for marjoram with no changes from the proposal. The final rule also establishes a commodity definition for flowers, edible, multiple species, but EPA revised the proposed definition to include 25 additional commodities that commenters suggested should be included in the herb subgroup due to similarities of the suggested commodities to the fresh Crop Group.

5. *Other comments related to the herb subgroup.* EPA received several other comments that relate to Herb Crop Group 25. Specifically, one commenter noted that the proposed rule does not include a definition or description of the term “herbs” or of the term “spices” that clarifies the Agency's current thinking on the scope of the parts and types of plants proposed for inclusion in new Crop Groups 25 and 26. The commenter noted that in previous rulemakings EPA described “herbs” as “. . . grown largely in temperate climatic areas, mostly for their leaves and stems and may be used fresh or dried, such as basil.” EPA also described “spices” as “. . . grown mostly in tropical climatic areas and consisting mostly of aromatic seeds, dried roots, flowers, fruit, and/or bark, such as allspice.” (58 FR 44990, August 25, 1993). The commenter writes that it appears that the Agency is primarily including only crops that are used as an “herb” or a “spice” as those terms apply to culinary uses of botanical crops in foods to impart taste or aroma. Such limitation, however, does not recognize that the word “herb” is also used to describe other products that use plant commodities as ingredients. These include, for example, herbal tea as well as many cosmetic products. This commenter also suggested the possibility of including a separate group for “other botanicals” to include the commodities they suggested in a crop group.

While EPA did not specifically define “herbs” or “spices” in the 2019 proposal, the proposed rule explained that the 317 members of proposed Crop Group 25 were determined on a number of factors including similarities of growth habits, the herbs being either fresh or dried leaves, similar pest problems, sources of essential oil, lack of animal feed items, comparison of established tolerances, and international harmonization. (84 FR 44809). The proposed rule also explained that over 2,000 commodities were researched for being members of Spice Crop Group 26. The 166 members of proposed Crop Group 26 were determined based on similarities of growth habits and edible plant parts that are exposed similarly to pesticides, geographical distribution, lack of animal feed items, comparison of established tolerances and international harmonization. These criteria are more relevant for setting tolerances than the culinary uses. Additionally, EPA establishes tolerances for commodities that are used as food and feed, so it is not within EPA's authority to establish tolerances for herbs used for other purposes, such as cosmetics. In general, dietary supplements are considered food, except as provided for in section 201(ff) of the FFDCA, 21 U.S.C. 321(ff), and, as food, are included in Crop Groups 25 or 26. It is not necessary to add a separate crop group for other botanicals because the suggested commodities that are dietary supplements are included in Crop Groups 25 or 26. EPA evaluated the potential additional commodities suggested by all of the commenters and added them to Crop Groups 25 or 26 directly or indirectly added them to Herb Crop Group 25 by adding them to the commodity definition of edible flowers as they are considered fresh, dried and/or edible flowers.

*Comment: Dehydration factor.* EPA received one comment requesting that EPA clarify the source of the statement in the proposed rule that “tolerances for dried herbs are often significantly higher (4x to 7.3x) than fresh herbs.” This commenter also asked whether a dehydration factor could be used to  calculate a tolerance for dried herbs and spices, which could reduce the data burden for establishing a tolerance on a dried commodity.

*EPA response.* The statement that tolerances for dried herbs are 4x to 7.3x higher than tolerances on fresh herbs was based on comparing actual tolerances, not on a dehydration factor. The Agency is not planning on using dehydration factors for herbs because the agricultural practices for many dried and fresh herbs may be very different depending on the target is the fresh or dried market. For spices, it is appropriate to adjust for the loss in moisture content when comparing pesticide residues in the dried commodity to the tolerance for the raw commodity (assuming the tolerance is not restricted to the fresh form of the commodity) because the agricultural practices are the same or similar for both the fresh and dried versions of these commodities. See the discussion below in response to the comment requesting that EPA add the dried version of commodities including red pepper, paprika, and onion and dried ginger to Spice Crop Group 26 for more details.

EPA considered the implications of using processing studies in place of field trials for dried herbs. While this would alleviate some of the regulatory and data burdens on a registrant, this burden is not significant because the registrant can use the same crop for both the fresh and dried trials when conducting a field residue study. The Agency also considered using a default dehydration factor to establish tolerance levels for dried herbs. While there is allowance for this approach for determining tolerance levels in some processed commodities, the approach is not suitable for determining tolerance levels in representative commodities, which is the case for dried herbs. Therefore, EPA has concluded that based on the minimal burden incurred by supplying residue data from both fresh and dried samples and the increased robustness of the resulting tolerance level, it is appropriate to require field trial data on both fresh and dried herbs to support a crop group tolerance on herbs or tolerances on the fresh and dried herb subgroups. Finally, EPA acknowledges that one commenter did not agree with some of the Agency's rationale for concluding that fresh herbs are grown in a different way than dried herbs. However, both the Agency and the commenter agree that both herb subgroups are important and may have different pest pressures and, thus, pest control practices.

**C. Crop Group 26: Spice Group**

1. *Commodities.* EPA proposed to include 166 commodities in a new crop group, titled “Crop Group 26: Spice Group.” The final rule includes 162 of the 166 proposed commodities in Spice Crop Group 26; the other 4 of the 166 proposed commodities ( *i.e.,* the leaves of dahurian angelica, damiana, gynema, and pipsissewa) were moved to Crop Group 25, and EPA added 43 additional commodities that were suggested by commenters due to similarities of the suggested commodities to the Spice Crop Group. The final rule includes 205 commodities in the Spice Crop Group.

EPA received requests from several commenters requesting changes to the commodities in Spice Crop Group 26.

EPA received a comment from the AHPA suggesting minor corrections to some commodity names. EPA is making the following revisions in response to the comment by changing the common names of *Phyllanthus amarus* to “amla” from “amia,” *Agathosma betulina* to “buchu” from “buchi,” and *Frangula purshiana* to “cascara sagrada” from “cascada buckthorn.” EPA incorporated these changes, which are intended to capture the most well-established and common names used and are not substantive changes from the proposal in the commodities covered.

AHPA suggested using different names for certain commodities in proposed Crop Groups 25 and 26 to better reflect what AHPA considers to be the common or usual name of the commodity, including two of the proposed spice commodities. AHPA commented that *Acacia* spp. is commonly known as “wattle” but is listed as “wattleseed” and that *Achillea erba-rotta* subsp. *moschata* is more commonly known as “milfoil” as opposed to “iva.”

EPA disagrees with these suggestions. *Acacia* spp. includes over 120 species and is commonly referred to in literature as “wattleseed,” which is the preferred term since it includes the raw agricultural commodity of interest ( *i.e.,* seed). For *Achillea millefolium,* EPA selected the common name “yarrow,” which is widely referred to in the literature (including the AHPA reference, *Herbs of Commerce* ) as a synonym for “milfoil.” However, the related subspecies *Achillea erba-rotta* subsp. *moschata* is more commonly known as “iva;” see, for example, the Food and Drug Administration (FDA) has identified “iva” as the common name for *Achillea moschata,* 21 CFR 172.510.

As discussed above regarding the commodities in Herb Crop Group 25, AHPA submitted two lists of several hundred commodities each and requested that EPA include those commodities in Crop Group 25, Group 26, or another Crop Group. EPA's responses to that request are provided above in Unit III.B.1. of this preamble and in separate Response Tables (Ref. 5).

Another commenter, Aromatics, Inc., asked EPA to consider including additional commodities to Crop Group 26. ASTA also requested adding “elderberry, dried” and sesame to Crop Group 26. Below are the commodities requested by Aromatics, Inc. followed by the Agency's responses:

• Cardamom, Green ( *Elettaria cardamomum* L.) fruit, dry

○ The commodity term “Cardamom, green” in Spice Crop Group 26 already includes this commodity.

• Elderberry ( *Sambucus nigra* ) fruit, dry and Elderberry ( *Sambucus ebulus* ) fruit, dry, and Elderberry, dried ( *Sambucus* spp.)

○ The commodity term “Elderberry” in Berry and Small Fruit Crop Group 13-07 already includes these commodities.

• Sesame ( *Sesamum indicum L.* )

○ Sesame, seed ( *Sesamum indicum L.* ) will be added to Crop Group 26 in order to cover varieties grown for culinary purposes which are different from the varieties grown for oilseed currently covered by Crop Group 20.

ASTA also requested that the following commodities be added to Crop Group 26 in their dried form as spices: Red pepper, dried ( *Capsicum frutescens L.* or *Capsicum annuum L.* ); paprika, dried ( *Capsicum annuum L.* ); ginger, dried ( *Zingiber officinale* ); turmeric, dried ( *Curcuma longa L.* ); arrowroot, dried ( *Maranta arundinacea* ); garlic, dried ( *Allium sativum* ); and onion, dry bulb and green, dried ( *Allium cepa, A. fistulosum* ). ASTA acknowledges that these commodities are in other crop groups in their fresh forms, but that dried or powdered versions of these are considered spices.

These commodities are in the following crop groups: Red pepper, the raw agricultural commodity for red pepper, dried and paprika, dried, is in Crop Group 8-10: Fruiting Vegetables; ginger, turmeric, and arrowroot are in Crop Group 1: Root and Tuber Vegetables; and garlic, dry bulb onion, and green onion are in Crop Group 3-07: Bulb Vegetables.

It is not necessary to include the dried version of the commodities suggested by Aromatics and ASTA in Spice Crop  Group 26 because the tolerances for the fresh version of those commodities apply to and are sufficient to address the residues in the dried form of the commodities. In the absence of a tolerance for the dried form of a commodity, the tolerance for the raw commodity (assuming it is not restricted to the fresh form of the commodity) is applied, after correcting for the loss in moisture content. Since the agricultural practices are the same or similar for both the fresh and dried versions of these commodities, adjustments to the tolerance to account for differences in moisture content would be appropriate. Thus, residues in the dried form are covered by tolerance listings for the raw commodity, either individually or as a member of a crop group. In contrast, the agricultural practices for many dried and fresh herbs may be very different depending on the target is the fresh or dried market, which is why EPA is establishing specific tolerances for the fresh and dried forms of the herb commodities.

ASTA requested that EPA add pink pepper, dried ( *Schinus terebinthifolius* ) to Spice Crop Group 26. This commenter also asked that EPA combine all types of pepper, including black and white pepper ( *Piper nigrum* L.) into one group of pepper that is listed as a commodity in Crop Group 26, so other types of pepper that are the same species, such as green pepper, are included.

EPA has added both “pepper, pink” and “peppercorn, green” to Spice Crop Group 26. However, EPA has not combined black and white pepper into one group of pepper. In the current Crop Group 19: Herb and Spice Group, black pepper and white pepper have been listed as separate commodities for years with no previous objections from stakeholders. Although they are from the same plant, white pepper and black pepper are the kernels harvested at different maturity stages, whereas green peppercorn is the unripe fruit of the pepper plant, dried green.

2. *Representative commodities.* EPA proposed to adopt the following commodities as representative commodities for the new Crop Group 26: Celery seed or dill seed. One commenter requested that EPA create a system to allow other commodities within the spice category to serve as the representative crop.

The Agency considered the use of field trial data on any spice to establish a spice group tolerance. Due to the fact that the majority of spices are grown overseas, EPA has concluded that it is highly unlikely that the Agency would receive field trial data for most of the spices in Spice Group 26. This is also borne out by the fact that EPA has received very few, if any, field trial residue data for black pepper, a current representative commodity for Spice Subgroup 19B. EPA maintains the position that celery seed or dill seed are appropriate representative crops for the spice crop group for the following reasons and is finalizing the selection of dill, seed or celery, seed as the representative crops for Spice Group 26:

a. These commodities are the only spice crops with significant acres grown in the United States;

b. These commodities are the only spice crops for which there is any real expectation of getting field trial data;

c. While not strictly representative of other spices, field trial residues from these commodities will cover expected monitoring-data residues in other spices; and

d. U.S. produced spices are not extensively exported, so the higher tolerance, compared to what would be established based on monitoring data, is not a trade irritant to U.S. growers.

3. *Crop subgroups.* EPA did not propose to establish subgroups in Spice Crop Group 26. One comment was supportive of not establishing crop subgroups since establishing subgroups would require submission of additional field trial data in order to establish a tolerance for the entire group. As with the proposal, the final rule does not establish subgroups for Spice Crop Group 26. As explained below, EPA will consider establishing individual tolerances for multiple spices based on extrapolations of submitted monitoring data to other spices on a case-by-case basis, using Codex spice subgroups as a reference for grouping spices based on various similarities (Ref. 6).

**D. Revisions to 40 CFR 180.40(j)**

No comments were submitted on the proposed revisions to 40 CFR180.40(j); thus, EPA adopts its proposal without change.

**E. Other Comments and EPA Responses**

This section summarizes comments that did not specifically relate to the categories in Unit III.A. through III.D. and provides EPA's responses to those comments.

*Comment: Monitoring data.* ASTA generally supported EPA's practice of allowing the use of monitoring data to support the establishment of tolerances for imported spices and requested guidance on how that practice would work. ASTA requested clarification on whether monitoring data for the representative commodities of dill, seed or celery, seed for Crop Group 26 could be used to establish import tolerances for the entire crop group. Moreover, ASTA requested that EPA allow the use of monitoring data on any spice to establish a tolerance for the entire crop group. Finally, ASTA requested that EPA extend the policy for use of monitoring data to allow for the establishment of the Herb Group 25 tolerances.

*EPA response:* At this time, EPA does not support establishing entire crop group tolerances or subgroup tolerances based only on monitoring data for the representative commodities, due to the difficulty in ensuring that all commodities within the group (including both imported and domestically grown crops) would have residues represented by the monitoring data. Tolerances based on monitoring data may not be high enough to reflect the residues of commodities leaving the gate of U.S. growers. The field trial data will better represent the residues likely to be on the crops at harvest.

EPA disagrees that it will be difficult to obtain field trial data for the representative commodities for the Herb Group 25 and Spice Group 26. EPA has selected representative commodities for the Herb Group 25 and Spice Group 26 that are grown in the United States, in accordance with the Agency's practice of selecting representative commodities. Because dill seed and celery seed are grown in the United States and pesticides used on these crops will need U.S. registrations, EPA believes it is reasonable to expect field trial data to be generated to support these registrations and tolerances. Selecting crops grown in significant quantities in the United States as representative commodities makes it easier to obtain field trial data and thus obtain the crop group tolerances. This is supported by the strong history of tolerances being established for basil and mint (domestically grown crops and the representative commodities for the Herb Group 25) but not for black pepper (not grown domestically and one of the current representative commodities for Spice Subgroup 19B), indicating stronger economic support for conducting field trials on these commodities.

EPA also does not believe that is appropriate to allow the use of monitoring data for any spice to support the establishment of a tolerance for the entire Spice Group 26, which would essentially recognize any spice within the crop group as a potential representative commodity. EPA's Spice Group 26 contains a wide range of spices with different characteristics, and EPA is not aware of widespread  monitoring data on spices that supports the broad extrapolation from one spice to nearly 200 spices. As indicated in 40 CFR 180.40(d), EPA may allow the use of residue data on an alternative representative commodity that is determined to be a suitable substitute ( *e.g.,* limes for lemons), but that decision is typically made on a case-by-case basis. In any event, EPA reiterates the concern that monitoring data alone may not be sufficient to support an entire crop group tolerance due to the wide range of crops in a crop group and the very likely potential for some of those crops to be grown domestically. EPA intends to continue allowing the use of monitoring data to support the establishment of individual tolerances for imported spices. EPA considers this practice to be reasonable in light of the special circumstances of the spice market. First, spices are primarily grown outside the United States. Second, spices are often inter-cropped with a primary crop, with pesticide treatments being based on the pest pressures on the primary crop. Third, spice production by a single grower is usually very small. Since the output from multiple growers is comingled prior to the spice entering international trade, tracing residues back to a grower or field is not possible. For these reasons, it is unlikely that adequate field trial data can be obtained for spices. Furthermore, unlike domestically grown produce, where field trials represent residues at the time commodities enter U.S. commerce, residues on imported spices at the point that they enter U.S. commerce are best represented by monitoring data. Therefore, the Agency has determined that it is appropriate to allow using monitoring residue data for the purpose of establishing import tolerances ( *i.e.,* pesticide tolerances for which there is no corresponding domestic registered uses) for individual spice commodities, including the spice for which monitoring data are available and similar spices.

This approach allows EPA to make these determinations on a case-by-case basis using the specific monitoring data for the specific spice, which is a more scientifically sound approach. Assessing these tolerances on an individual basis allows EPA to consider the merits of the individual request for a tolerance on imported spices and the sufficiency of the submitted monitoring data to cover the request for one or more imported spice commodities. While individual tolerance decisions will be made on a case-by-case basis as petitions are submitted, EPA expects that some monitoring data may be acceptable as support for individual tolerances for imported spices or for extrapolation to certain related spices. For example, if a petitioner requested a tolerance for residues of a pesticide on an imported spice and submitted monitoring data for that specific compound-spice combination, EPA would evaluate the sufficiency of that submitted monitoring data to support the individual tolerance; when appropriate and safe under the FFDCA, a tolerance could be established for residues of that compound, without a U.S. registration, in/on that specific spice commodity. Similarly, a petitioner could submit a petition requesting tolerances for multiple related or similar imported spices ( *e.g.,* spices contained within the same Codex spice subgroup (Ref. 6), based on physical characteristics or plant parts), along with monitoring data for a specific compound-spice combination. EPA will determine whether the submitted monitoring data is sufficiently robust to support the tolerances for the multiple spices requested. In evaluating whether the monitoring data submitted to EPA is sufficiently robust to support the tolerance for imported spices, EPA intends to follow the same analysis as laid out in the Food and Agriculture Organization (FAO) of the United Nations guidance (Ref. 7; *e.g.,* at least 59 samples with quantifiable residues, upper percentile calculation, etc.).

This approach allows flexibility in establishing import tolerances and avoids trade barriers for international growers using available monitoring data. This approach is also consistent with the approach used by Codex, which allows monitoring data on a particular spice to support a maximum residue level (MRL) for the specific spice subgroup that includes that spice.

*Comment: Establish default tolerances to address inadvertent residues caused by drift.* A commenter requested that EPA establish minimal (default) tolerances to account for pesticide drift, which can result in trace residues of compounds that are not labeled for a specific crop. This commenter pointed out that there are currently 52 tolerances for mint “tops” in the United States compared to 490 MRLs in the EU for basil and edible flowers, which includes mint leaves. This commenter also asked EPA to consider the global food supply chain and the impact of increased testing in the future. This commenter urged EPA and/or the FDA to consider implementing minimal (or default) tolerances for trace levels of pesticides.

*EPA response.* Unlike some countries and regions, EPA's laws and regulations do not automatically establish default tolerances. Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance only if EPA determines that the tolerance is “safe.” Therefore, EPA must actively make this determination for every new tolerance that is established. Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” In making this determination, EPA includes exposure through drinking water and in residential settings but does not include occupational exposure and gives special consideration to exposure of infants and children.

EPA's ability to determine safety is informed by both the hazard of the specific pesticide chemical residues at issue and the likely exposure to the pesticide residue. Because of the variability of hazard among various pesticides and without knowing likely exposures upon which to base a specific tolerance value, it is difficult to justify an *a priori* safety finding for all potential inadvertent residues on all herbs and spices in the crop groups. Moreover, without information about the magnitude of the residues associated with these likely exposures, it may be difficult to set a tolerance for such residues that would not result in exceedances for commodities being shipped in interstate commerce. While the Agency has authority to establish tolerances on its own initiative, EPA typically establishes tolerances in response to a petition requesting that such tolerances be established, as the submission of such a tolerance petition indicates a need or desire for such a tolerance and is submitted with data to support the establishment of such tolerances. For EPA to undertake the type of blanket tolerances for an undefined list of herbs for an undefined range of potential inadvertent pesticide chemical residues would represent a significant investment of resources that may not be aligned with need. The additional work for new Agency-initiated actions would utilize resources that are otherwise used to implement EPA's statutory obligations under FIFRA, including the Pesticide Registration Improvement Act, and the FFDCA.

*Comment: Small serving size.* The Agency received two comments requesting that EPA consider the small serving sizes of herbs and spices when establishing tolerances.

*EPA response.* EPA recognizes that these foods are a trivial part of the diet; however, tolerances for residues are needed for all commodities to allow them to be in trade, regardless of their consumption. Additionally, EPA's dietary exposure risk assessment accounts for the relatively small consumption amounts, as reflected in serving sizes, of herbs and spices when determining whether aggregate exposure to the pesticide is considered safe under FFDCA. More specifically, EPA uses food consumption information collected in national surveys by other federal agencies to estimate pesticide exposure to various food commodities, including herbs and spices.

*Comment: Harmonization.* An additional comment suggested that the Agency compare EPA tolerances to EU, Codex, and other international standards while in the process of developing new crop groupings or revising existing crop group pesticide residue tolerances.

*EPA response.* EPA considers Codex crop groups when revising the existing U.S. crop groups in 40 CFR part 180. EPA attempts to minimize differences within and among the United States and Codex crop groups and to develop representative commodities for each group that will be acceptable on an international basis, which could lead to the increased harmonization of tolerances and MRL recommendations.

In making individual tolerance decisions, including tolerances for crop groups, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international MRLs established by Codex as required by FFDCA section 408(b)(4), and often also considers the MRLs established by other countries and the European Union (EU). EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level.

*Comment: Automatic conversion or expansion to new crop groups.* One commenter requested that EPA convert all existing tolerances on dill, seed to Herb Crop Group 25 tolerances and all current tolerances on Herb and Spices Crop Group 19 and its subgroups 19A and 19B to Herb Crop Group 25 and Spice Crop Group 26, respectively. The commenter noted that the proposal states EPA “will convert tolerances for any pre-existing crop groups to tolerances with the coverage of the new crop group.”

*EPA response.* Established tolerances cannot be automatically expanded under current law and regulations. Conversion of a tolerance from a crop to a crop group or from an “old” crop group to a “new” crop group requires EPA to revise the dietary risk assessment to reflect all of the commodities in the new crop group, provide public notice that we are revising the tolerance, and issue a rulemaking to modify the existing tolerances in 40 CFR part 180. To the extent that commenter is requesting that EPA convert existing tolerances to the new crop groups in this final rule, EPA cannot undertake that action here since the safety of such tolerances have not been assessed and public notice of such action has not been provided. Such a request is beyond the scope of what was proposed and of this rulemaking. The FFDCA authorizes two processes for initiating rulemaking to convert existing tolerances and crop groups or subgroups to new crop groups or subgroups: Through a petition filed with EPA under section 408(d) of the FFDCA or through an Agency-initiated action under section 408(e). Upon receipt of a 408(d) petition requesting conversion of existing tolerances to crop groups or subgroups or of existing groups to the new groups, EPA will make such conversions upon a determination that the new tolerances would be safe. In addition, as indicated in Unit V., EPA intends to initiate tolerance rulemakings to update crop groups wherever appropriate during registration review.

**IV. The Final Rule**

As discussed in Unit III, EPA is adding some additional commodities to the crop groupings based on information provided by public comments and revising a limited number of common names in order to capture the most well-established and common names. EPA is otherwise finalizing the rule as proposed and based on the rationales set forth in the proposed rule.

**V. Implementation**

When an existing crop group is amended in a manner that expands or contracts its coverage of commodities, EPA will retain the pre-existing crop group in 40 CFR 180.41 and either insert the revised crop group immediately after the pre-existing crop group in 40 CFR 180.41 with a revised title or create new crop groups, like in this rulemaking.

As noted in 40 CFR 180.40(j), EPA will initially retain pre-existing crop groups that have been superseded by revised crop groups. EPA will not establish new tolerances under the pre-existing groups. Further, EPA plans to eventually convert tolerances for any pre-existing crop group to tolerances with coverage under the revised crop group. This conversion will occur through the registration review process and in the course of evaluating new uses for a pesticide registration. EPA requests that petitioners for tolerances utilize updated crop groupings in their petitions. For existing petitions for which a Notice of Filing has been published, the Agency will attempt to conform these petitions to this rule.

**VI. References**

The following is a listing of the documents that are specifically referenced in this document. The docket includes these documents as well as other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the person listed under *FOR FURTHER INFORMATION CONTACT* .

1. EPA (2020). United States Environmental Protection Agency, Burden Reduction from the Expansion of Crop Grouping Program, prepared by the Biological and Economic Analysis Division, Office of Pesticide Programs, August 3, 2020.

2. EPA (2017). Schneider, Bernard A. EPA Memorandum: Crop Grouping—Part XVB: Analysis of the USDA IR-4 Petition to Amend the Crop Group Regulation 40 CFR 180.41(c)(26) and Commodity Definitions [40 CFR 180.1(g)] Related to Crop Group 19 Herb and Spice Group. Emphasis on New Herb Crop Group 25. June 8, 2015. Updated March 21, 2017.

3. EPA (2017). Schneider, Bernard A. EPA Memorandum: Crop Grouping—Part XVC: Analysis of the USDA IR-4 Petition to Amend the Crop Group Regulation 40 CFR 180.41(c)(26) and Commodity Definitions [40 CFR 180.1(g)] Related to Crop Group 19 Herb and Spice Group. Emphasis on New Spice Crop Group 26. August 21, 2015. Updated March 20, 2017.

4. EPA (2015). Schneider, Bernard A. EPA Memorandum: Crop Grouping—Part XVD: Appendices for the Analysis of the USDA IR-4 Petition to Amend the Crop Group Regulation 40 CFR 180.41(c)(26) and Commodity Definitions [40 CFR 180.1(g)] Related to Herb Crop Group 25 and Spice Crop Group 26. June 15, 2015.

5. EPA (2020). United States Environmental Protection Agency, Response to Tables from the AHPA comments.

6. Codex Committee on Pesticide Residues (CCPR), 2018. REP18/PR. Report of the 50th Session of the CCPR, Haikou, P.R. China, 9-14 April 2018. Agenda Item 7b: Revision of the Classification of Food and Feed (CXM 4-1989): Class A—Primary Commodities of Plant Origin—Type 05 Herbs and Spices, paras. 119-  120 and Appendix VIII. See page 10 for paragraphs 119-120 and pages 63-83 for Appendix VIII.

7. FAO Plant Production and Protection Paper No. 225. Manual on the submission and evaluation of pesticide residues data for the estimation of maximum residue levels in food and feed., Section 5.11, page 103ff. [ *http://www.fao.org/3/a-i5452e.pdf* ]. For further elaboration on specific details, see FAO Plant Production and Protection Paper No. 223. Pesticide residues in food 2015 Report of the Joint FAO/WHO Meeting on Pesticide Residues, page 335ff. *http://www.fao.org/3/a-i5186e.pdf.*

**VII. Statutory and Executive Order Reviews**

Additional information about these statutes and Executive Orders can be found at *http://www2.epa.gov/laws-regulations/laws-and-executive-orders.*

**A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review**

This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review under Executive Orders 12866 (58 FR 51735; October 4, 1993) and 13563 (76 FR 3821, January 21, 2011).

**B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs**

This action is considered an Executive Order 13771 deregulatory action. Details on the estimated cost savings of this final rule are summarized in Unit I.E. and can be found in EPA's analysis of the potential costs and benefits associated with this action (Ref. 1).

**C. Paperwork Reduction Act (PRA)**

This action does not impose any new information collection requirements that would require additional review or approval by OMB under the provisions of PRA, 44 U.S.C. 3501 *et seq.* However, this action is expected to reduce potential future paperwork burdens associated with seeking a tolerance. These crop groupings will enhance our ability to conduct food safety evaluations on herb and spice crops for tolerance-setting purpose; allowing for tolerances to be established for the defined crop groups rather than individually for each crop. This action will also have the effect of reducing the number of residue chemistry studies because fewer representative crops would need to be tested under a crop grouping scheme than would otherwise be required.

**D. Regulatory Flexibility Act (RFA)**

I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA, 5 U.S.C. 601 *et seq.* In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule (Ref. 1).

This final action provides regulatory relief and regulatory flexibility. The new crop groups ease the process for pesticide manufacturers to obtain pesticide tolerances on greater numbers of crops. Pesticides will be more widely available to growers for use on crops, particularly specialty crops. Rather than having any adverse impact on small businesses, this proposal would relieve regulatory burden for all directly regulated small entities. We have therefore concluded that this action will relieve regulatory burden for all directly regulated small entities.

**E. Unfunded Mandates Reform Act (UMRA)**

This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action imposes no enforceable duty on any state, local or tribal governments or the private sector.

**F. Executive Order 13132: Federalism**

This action does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 4, 1999). It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

**G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments**

This action does not have tribal implications as specified in Executive Order 13175 (62 FR 19985, April 23, 1997) because it will not have any effect on tribal governments, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Thus, Executive Order 13175 does not apply to this action.

**H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risk**

The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk.

**I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use**

This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866.

**J. National Technology Transfer and Advancement Act (NTTAA)**

This action does not involve technical standards as specified in NTTAA section 12(d), 15 U.S.C. 272 note.

**K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations**

This action does not address human health or environmental risks or otherwise have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

**L. Congressional Review Act (CRA)**

This action is subject to the CRA, 5 U.S.C. 801 *et seq.,* and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

**List of Subjects in 40 CFR Part 180**

Administrative practice and procedure, Commodities, Environmental protection, Pesticides and pests.

Dated: October 21, 2020.

Alexandra Dapolito Dunn,

Assistant Administrator, Office of Chemical Safety and Pollution Prevention.

Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR chapter I to read as follows:

**PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD**

**40 CFR Part 180**

1. The authority citation for part 180 continues to read as follows:

**Authority:**

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

**40 CFR Part 180**

2. In § 180.1:

a. Add alphabetically the entries for “Basil” “Flowers, edible, multiple species” and “Mint” to the table in paragraph (g).

b. Revise the entry for “Marjoram” in the table in paragraph (g).

The additions and revision read as follows:

§ 180.1

(g) * * *

| A | B |
| --- | --- |
|  |  |
| *         *         *         *         *         *         * |  |
| Basil (
                                    
                                     spp.) | Basil (
                                    
                                     L.); Basil, American (
                                    
                                     L.); Basil, Greek (
                                    
                                     L.); Basil, holy (
                                    
                                     L.); Basil, lemon (
                                    
                                     Vis.); Basil, Russian (
                                    
                                     L.) |
|  |  |
| *         *         *         *         *         *         * |  |
| Flowers, edible, multiple species | Acacia blossoms (
                                    
                                     (L.) Willd.); Alyssum, sweet (
                                    
                                     (L.) Desv.); Anchusa, garden (
                                    
                                     Mill.); Angelica (
                                    
                                     L.); Apricot, Japanese (
                                    
                                     Siebold & Zucc.); Arnica (
                                    
                                     L.); Arugula (
                                    
                                     Mill.); Balm (
                                    
                                     L.); Banana (
                                    
                                     spp.); Basil (
                                    
                                     spp.); Begonia, tuberous (
                                    
                                     Voss); Bilimbi (
                                    
                                     L.); Bisnaga (
                                    
                                     (L.) Lam.); Blue thistle (
                                    
                                     (L.) L.); Borage (
                                    
                                     L.); Broccoli (
                                    
                                     L. var. 
                                    
                                     Plenck); Bugelweed (
                                    
                                     spp.); Burnet (
                                    
                                     spp.); Calendula (
                                    
                                     L.); Canadian goldenrod (
                                    
                                     L.); Caper (
                                    
                                     L.); Carambola (
                                    
                                     L.); Carnation (
                                    
                                     L.); Celandine, greater (
                                    
                                     L.); Chamomile (
                                    
                                     spp. and 
                                    
                                     spp.); Chaparral (
                                    
                                     (DC.) Coville); Chervil (
                                    
                                     (L.) Hoffm.); Chicory (
                                    
                                     L.); Chive, Chinese (
                                    
                                     Rottler ex Spreng.); Chrysanthemum (
                                    
                                     spp.); Clary (
                                    
                                     L.); Cleavers (
                                    
                                     L); Clove (
                                    
                                     (L.) Merr. & L. M. Perry); Clover, red (
                                    
                                     L.); Coriander/Cilantro (
                                    
                                     L.); Cornflower (
                                    
                                     L.); Costmary (
                                    
                                     L. subsp. 
                                    
                                     Daisy, English (
                                    
                                     L.); Dames rocket (
                                    
                                     L.); Damiana (
                                    
                                     Willd); Dandelion (
                                    
                                     F. H. Wigg. aggr.); Daylily (
                                    
                                     (L.) L.); Dill (
                                    
                                     L.); Elder (
                                    
                                     L.); Eyebright (
                                    
                                     spp.); Feijoa (
                                    
                                     (O. Berg) Burret); Fennel (common) (
                                    
                                     Mill. subsp
                                    
                                     var. 
                                    
                                    ); Frangipani (
                                    
                                     L.); Fuchsia (
                                    
                                     spp.); Gardenia (
                                    
                                     J. Ellis); Geranium (
                                    
                                     spp.); Geranium, lemon (
                                    
                                     (P.J. Bergius) L'Her.); Geranium, rose (
                                    
                                     L'Hér.); Ginger, white (
                                    
                                     J. Koenig); Gladiolus (
                                    
                                     spp.); Greater periwinkle (
                                    
                                     major L.); Hawthorn (
                                    
                                     Jacq. 
                                    
                                     spp.); Hibiscus (
                                    
                                     spp.); Hibiscus, Chinese (
                                    
                                     L.); Hollyhock (
                                    
                                     L.); Honeysuckle, Japanese (
                                    
                                     Thunb.); Horehound (
                                    
                                     L.); Hyssop (
                                    
                                     L.); Hyssop, anise (
                                    
                                     (Pursh) Kuntze); Impatiens (
                                    
                                     Hook. f.); Jasmine, Arabian (
                                    
                                     (L.) Aiton); Kewra (
                                    
                                     Lam.); Lavender (
                                    
                                     Mill.); Lemon (
                                    
                                     (L.) Burm. f.); Lilac (
                                    
                                     L.); Lily (
                                    
                                     spp.); Lily, mariposa (
                                    
                                     S. Watson); Lily, sego (
                                    
                                     Torr. & A. Gray); Lotus (
                                    
                                     Gaertn.); Lovage (
                                    
                                     W. D. J. Koch); Mallow, high (
                                    
                                     L.); Marigold (
                                    
                                     spp.); Marjoram (
                                    
                                     spp.); Meadowsweet (
                                    
                                     (L.) Maxim.); Mint (
                                    
                                     spp.); Mioga (
                                    
                                     (Thunb.) Roscoe); Monarda (
                                    
                                     spp.); Motherwort (
                                    
                                     L.); Mullein (
                                    
                                     L., 
                                    
                                     spp.); Mustard (
                                    
                                     spp. and 
                                    
                                     spp.); Nasturtium (
                                    
                                     spp.); Okra (
                                    
                                     (L.) Moench); Orange, bitter (
                                    
                                     L.); Passion flower (
                                    
                                     spp.); Pea blossoms (
                                    
                                     L. subsp. 
                                    
                                     var. 
                                    
                                     Peach (
                                    
                                     (L.) Batsch var. 
                                    
                                     Peony, common (
                                    
                                     L.); Perilla (
                                    
                                     (L.) Britton); Petunia (
                                    
                                     hort. ex E. Vilm.); Primrose (
                                    
                                     Huds.); Puget sound gumweed (
                                    
                                     DC.); Purslane, winter (
                                    
                                     Donn ex Willd.); Radish (
                                    
                                     L.); Redbud (
                                    
                                     L.); Rose (
                                    
                                     spp.); Rosemary (
                                    
                                     L.); Rose-of-Sharon ((
                                    
                                     L.); Runner bean, scarlet (
                                    
                                     L.); Safflower (
                                    
                                     L.); Sage (
                                    
                                     L.); Sage, pineapple (
                                    
                                    ); Savory, summer (
                                    
                                     L.); Saxifrage, burnet (
                                    
                                     L.); Scotch broom (
                                    
                                     (L.) Link ); Shepherd's purse (
                                    
                                     (L.) Medik.); Snapdragon (
                                    
                                     L.); Sorrel, garden (
                                    
                                     L.); Sorrel, wood (
                                    
                                     L.); Spilanthes (
                                    
                                     (L.) Philipson); Squash (
                                    
                                     spp.); Stock, gillyflower (
                                    
                                     (L.) W. T. Aiton); Stoneroot (
                                    
                                     L.); Sunflower (
                                    
                                     L.); Sweet william (
                                    
                                     L.); Sweet wormwood (
                                    
                                     L.); Thyme (
                                    
                                     L.); Tuberose (
                                    
                                     L.); Tulip (
                                    
                                     spp.); Verbena, blue (
                                    
                                     L.); Verbena, lemon (
                                    
                                     Palau); Violet (
                                    
                                     spp.); Wormwood (
                                    
                                     L); Yarrow (
                                    
                                     L.); Yucca (
                                    
                                     spp.); and other edible flowers. |
|  |  |
| *         *         *         *         *         *         * |  |
| Marjoram (
                                    
                                     spp.) | Marjoram (
                                    
                                     spp.); Marjoram, pot (
                                    
                                     L.); Marjoram, sweet 
                                    
                                     L.); Oregano (
                                    
                                     L.) |
|  |  |
| *         *         *         *         *         *         * |  |
| Mint (
                                    
                                     spp.) | Mint (
                                    
                                     spp.); Applemint (
                                    
                                     Ehrh.); Horsemint (
                                    
                                     (L.) Huds.); Mint, corn (
                                    
                                     L.); Peppermint (
                                    
                                     L.); Spearmint, (
                                    
                                     L.); Spearmint, Scotch (
                                    
                                     Sole); Watermint (
                                    
                                     L.); Pennyroyal (
                                    
                                     L.) |
|  |  |
| *         *         *         *         *         *         * |  |

**40 CFR Part 180**

3. Amend § 180.40 by revising paragraph (j) to read as follows:

§ 180.40

(j)(1) When EPA amends a crop group in a manner that expands or contracts the commodities that are covered by the group, EPA will initially retain the pre-existing as well as the revised crop group in the CFR.

(2) Where the revised crop group has the same number as the pre-existing crop group, the revised crop group number will be followed by a hyphen and the final two digits of the year in which it was established ( *e.g.,* if Crop Group 1 is amended in 2007, the revised group will be designated as Crop Group 1-07). If the pre-existing crop group had crop subgroups, these subgroups will be numbered in a similar fashion in the revised crop group. The name of the revised crop group will not be changed from the pre-existing crop group unless the revision so changes the composition of the crop group that the pre-existing name is no longer accurate.

(3) Where EPA amends a crop group by creating one or more different crop groups, the revised crop groups will have different numbers and names ( *e.g.,* the amendment of Crop Group 19 through the creation of Crop Groups 25 and 26). The pre-existing crop group will be amended to identify the revised crop group(s).

(4) Once a revised crop group is established, EPA will no longer establish tolerances under the pre-existing crop group. At appropriate times, EPA will amend tolerances for crop groups that have been superseded by revised crop groups to conform the pre-existing crop group to the revised crop group. Once all of the tolerances for the pre-existing crop group have been updated, the pre-existing crop group will be removed from the CFR.

**40 CFR Part 180**

4. In § 180.41:

a. Add a paragraph (c)(28)(iv) after table 2 in paragraph (c)(28)(iii).

b. Add paragraphs (c)(34) and (35).

The additions read as follows:

§ 180.41

(c) * * *

(28) * * *

(iv) After November 6, 2020, new herb crop group and subgroup tolerances will be established as Crop Group 25 or subgroups 25A and 25B, and new spice crop group tolerances will be established as Crop Group 26.

(34) *Crop Group 25.* Herb Group.

(i) *Representative commodities.* Basil, dried leaves; Basil, fresh leaves; Mint, dried leaves; and Mint, fresh leaves.

(ii) *Commodities.* The following Table 1 lists all commodities included in Crop Group 25 and identifies the related crop subgroups.

| Commodities | Related crop subgroup |
| --- | --- |
| Agrimony, fresh leaves, 
                                    
                                     L | 25A |
| Agrimony, dried leaves, 
                                    
                                     L | 25B |
| Amla, fresh leaves, 
                                    
                                     Schumach | 25A |
| Amla, dried leaves, 
                                    
                                     Schumach | 25B |
| Angelica, fresh leaves, 
                                    
                                     L | 25A |
| Angelica, dried leaves, 
                                    
                                     L | 25B |
| Angelica, dahurian, fresh leaves, 
                                    
                                     (Hoffm.) Benth & Hook. F. ex Franch. & Sav | 25A |
| Angelica, dahurian, dried leaves, 
                                    
                                     (Hoffm.) Benth & Hook. F. ex Franch. & Sav | 25B |
| Applemint, fresh leaves, 
                                    
                                     Ehrh | 25A |
| Applemint, dried leaves, 
                                    
                                     Ehrh | 25B |
| Avarum, fresh leaves, 
                                    
                                     (L.) Roxb | 25A |
| Avarum, dried leaves, 
                                    
                                     (L.) Roxb | 25B |
| Balloon pea, fresh leaves, 
                                    
                                     (L.) Goldblatt & J. C. Manning | 25A |
| Balloon pea, dried leaves, 
                                    
                                     (L.) Goldblatt & J. C. Manning | 25B |
| Balm, fresh leaves, 
                                    
                                     L | 25A |
| Balm, dried leaves, 
                                    
                                     L | 25B |
| Barrenwort, fresh leaves, 
                                    
                                     C. Morren | 25A |
| Barrenwort, dried leaves, 
                                    
                                     C. Morren | 25B |
| Basil, fresh leaves, 
                                    
                                     L | 25A |
| Basil, dried leaves, 
                                    
                                     L | 25B |
| Basil, American, fresh leaves, 
                                    
                                     L | 25A |
| Basil, American, dried leaves, 
                                    
                                     L | 25B |
| Basil, Greek, fresh leaves, 
                                    
                                     L | 25A |
| Basil, Greek, dried leaves, 
                                    
                                     L | 25B |
| Basil, holy, fresh leaves, 
                                    
                                     L | 25A |
| Basil, holy, dried leaves, 
                                    
                                     L | 25B |
| Basil, lemon, fresh leaves, 
                                    
                                     Vis | 25A |
| Basil, lemon, dried leaves, 
                                    
                                     Vis | 25B |
| Basil, Russian, fresh leaves, 
                                    
                                     L | 25A |
| Basil, Russian, dried leaves, 
                                    
                                     L | 25B |
| Bay, fresh leaves, 
                                    
                                     L | 25A |
| Bay, dried leaves, 
                                    
                                     L | 25B |
| Bearberry, fresh leaves, 
                                    
                                     (L.) Spreng | 25A |
| Bearberry, dried leaves, 
                                    
                                     (L.) Spreng | 25B |
| Bisongrass, fresh leaves, 
                                    
                                     (Weber) Y. Schouten & Veldkamp | 25A |
| Bisongrass, dried leaves, 
                                    
                                     (Weber) Y. Schouten & Veldkamp | 25B |
| Blue mallow, fresh leaves, 
                                    
                                     L | 25A |
| Blue mallow, dried leaves, 
                                    
                                     L | 25B |
| Boneset, fresh leaves, 
                                    
                                     L | 25A |
| Boneset, dried leaves, 
                                    
                                     L | 25B |
| Borage, fresh leaves, 
                                    
                                     L | 25A |
| Borage, dried leaves, 
                                    
                                     L | 25B |
| Borage, Indian, fresh leaves, 
                                    
                                     (Lour.) Spreng | 25A |
| Borage, Indian, dried leaves, 
                                    
                                     (Lour.) Spreng | 25B |
| Burnet, fresh leaves, 
                                    
                                     spp | 25A |
| Burnet, dried leaves, 
                                    
                                     spp | 25B |
| Burnet, garden, fresh leaves, 
                                    
                                     L | 25A |
| Burnet, garden, dried leaves, 
                                    
                                     L | 25B |
| Burnet, salad, fresh leaves, 
                                    
                                     Scop | 25A |
| Burnet, salad, dried leaves, 
                                    
                                     Scop | 25B |
| Butterbur, fresh leaves, 
                                    
                                     (L.) G. Gaertn. Et al., 
                                    
                                     (L.) Fr | 25A |
| Butterbur, dried leaves, 
                                    
                                     (L.) G. Gaertn. Et al., 
                                    
                                     (L.) Fr | 25B |
| Calamint, fresh leaves, 
                                    
                                     spp | 25A |
| Calamint, dried leaves, 
                                    
                                     spp | 25B |
| Calamint, large-flower, fresh leaves, 
                                    
                                     (L.) Kuntze | 25A |
| Calamint, large-flower, dried leaves, 
                                    
                                     (L.) Kuntze | 25B |
| Calamint, lesser, fresh leaves, 
                                    
                                     (L.) Kuntze | 25A |
| Calamint, lesser, dried leaves, 
                                    
                                     (L.) Kuntze | 25B |
| Calendula, fresh leaves, 
                                    
                                     L | 25A |
| Calendula, dried leaves, 
                                    
                                     L | 25B |
| Caltrop, fresh leaves, 
                                    
                                     L | 25A |
| Caltrop, dried leaves, 
                                    
                                     L | 25B |
| Camomile (Chamomile), fresh leaves, 
                                    
                                     spp. and 
                                    
                                     spp | 25A |
| Camomile (Chamomile), dried leaves, 
                                    
                                     spp. and 
                                    
                                     spp | 25B |
| Camomile (Chamomile), German, fresh leaves, 
                                    
                                     L | 25A |
| Camomile (Chamomile), German, dried leaves, 
                                    
                                     L | 25B |
| Camomile (Chamomile), Roman, fresh leaves, 
                                    
                                     (L.) All | 25A |
| Camomile (Chamomile), Roman, dried leaves, 
                                    
                                     (L.) All | 25B |
| Caraway, fresh leaves, 
                                    
                                     L | 25A |
| Caraway, dried leaves, 
                                    
                                     L | 25B |
| Cat's claw, fresh leaves, 
                                    
                                     (Willd.) DC., 
                                    
                                     (Aubl.) J. F. Gmel | 25A |
| Cat's claw, dried leaves, 
                                    
                                     (Willd.) DC., 
                                    
                                     (Aubl.) J. F. Gmel | 25B |
| Catnip, fresh leaves, 
                                    
                                     L | 25A |
| Catnip, dried leaves, 
                                    
                                     L | 25B |
| Catnip, Japanese, fresh leaves, 
                                    
                                     (L.) Briq | 25A |
| Catnip, Japanese, dried leaves, 
                                    
                                     (L.) Briq | 25B |
| Celandine, greater, fresh leaves, 
                                    
                                     L | 25A |
| Celandine, greater, dried leaves, 
                                    
                                     L | 25B |
| Celandine, lesser, fresh leaves, 
                                    
                                     Huds | 25A |
| Celandine, lesser, dried leaves, 
                                    
                                     Huds | 25B |
| Celery, dried leaves, 
                                    
                                     L. var. 
                                    
                                     (Mill.) DC | 25B |
| Centaury, fresh leaves, 
                                    
                                     Rafn | 25A |
| Centaury, dried leaves, 
                                    
                                     Rafn | 25B |
| Chaste tree, fresh leaves, 
                                    
                                     L | 25A |
| Chaste tree, dried leaves, 
                                    
                                     L | 25B |
| Chaste tree, Chinese, fresh leaves, 
                                    
                                     L | 25A |
| Chaste tree, Chinese, dried leaves, 
                                    
                                     L. | 25B |
| Chervil, dried leaves, 
                                    
                                     (L.) Hoffm | 25B |
| Chinese blackberry, fresh leaves, 
                                    
                                     L.H. Bailey | 25A |
| Chinese blackberry, dried leaves, 
                                    
                                     L.H. Bailey | 25B |
| Chinese foxglove, fresh leaves, 
                                    
                                     (Gaertn.) Steud | 25A |
| Chinese foxglove, dried leaves, 
                                    
                                     (Gaertn.) Steud | 25B |
| Chive, dried leaves, 
                                    
                                     L | 25B |
| Chive, Chinese, dried leaves, 
                                    
                                     Rottler ex Spreng | 25B |
| Cicely, sweet, fresh leaves, 
                                    
                                     (L.) Scop | 25A |
| Cicely, sweet, dried leaves, 
                                    
                                     (L.) Scop | 25B |
| Cilantro, dried leaves, 
                                    
                                     L | 25B |
| Clary, fresh leaves, 
                                    
                                     L | 25A |
| Clary, dried leaves, 
                                    
                                     L | 25B |
| Coriander, Bolivian, fresh leaves, 
                                    
                                     (Jacq.) Cass | 25A |
| Coriander, Bolivian, dried leaves, 
                                    
                                     (Jacq.) Cass | 25B |
| Coriander, Vietnamese, fresh leaves, 
                                    
                                     (Lour.) Sojak | 25A |
| Coriander, Vietnamese, dried leaves, 
                                    
                                     (Lour.) Sojak | 25B |
| Costmary, fresh leaves, 
                                    
                                     L. subsp. | 25A |
| Costmary, dried leaves, 
                                    
                                     L. subsp. | 25B |
| Creat, fresh leaves, 
                                    
                                     (Burm. f.) Wall. Ex Nees | 25A |
| Creat, dried leaves, 
                                    
                                     (Burm. f.) Wall. Ex Nees | 25B |
| Culantro, fresh leaves, 
                                    
                                     L | 25A |
| Culantro, dried leaves, 
                                    
                                     L | 25B |
| Curry leaf, fresh leaves, 
                                    
                                     L | 25A |
| Curry leaf, dried leaves, 
                                    
                                     L | 25B |
| Curryplant, fresh leaves, 
                                    
                                     (Roth) G. Don | 25A |
| Curryplant, dried leaves, 
                                    
                                     (Roth) G. Don | 25B |
| Cut leaf, fresh leaves, 
                                    
                                     R. Br | 25A |
| Cut leaf, dried leaves, 
                                    
                                     R. Br | 25B |
| Damiana, fresh leaves, 
                                    
                                     Willd | 25A |
| Damiana, dried leaves, 
                                    
                                     Willd | 25B |
| Dillweed, dried leaves, 
                                    
                                     L | 25B |
| Dokudami, fresh leaves, 
                                    
                                     Thunb | 25A |
| Dokudami, dried leaves, 
                                    
                                     Thunb | 25B |
| Echinacea, fresh leaves, 
                                    
                                     DC., 
                                    
                                     spp | 25A |
| Echinacea, dried leaves, 
                                    
                                     DC., 
                                    
                                     spp | 25B |
| Epazote, fresh leaves, 
                                    
                                     (L.) Mosyakin & Clemants | 25A |
| Epazote, dried leaves, 
                                    
                                     (L.) Mosyakin & Clemants | 25B |
| Eucommia, fresh leaves, 
                                    
                                     Oliv | 25A |
| Eucommia, dried leaves, 
                                    
                                     Oliv | 25B |
| Evening primrose, fresh leaves, 
                                    
                                     L | 25A |
| Evening primrose, dried leaves, 
                                    
                                     L | 25B |
| Eyebright, fresh leaves, 
                                    
                                     L. | 25A |
| Eyebright, dried leaves, 
                                    
                                     L. | 25B |
| Fennel, common, fresh leaves, 
                                    
                                     Mill. subsp. 
                                    
                                     var. | 25A |
| Fennel, common, dried leaves, 
                                    
                                     Mill. subsp. 
                                    
                                     var. | 25B |
| Fennel, Florence, dried leaves, 
                                    
                                     Mill. subsp. 
                                    
                                     var. 
                                    
                                     (Mill.) Thell | 25B |
| Fennel, Spanish, fresh leaves, 
                                    
                                     spp | 25A |
| Fennel, Spanish, dried leaves, 
                                    
                                     spp | 25B |
| Fenugreek, fresh leaves, 
                                    
                                     L | 25A |
| Fenugreek, dried leaves, 
                                    
                                     L | 25B |
| Feverfew, fresh leaves, 
                                    
                                     (L.) Sch. Bip | 25A |
| Feverfew, dried leaves, 
                                    
                                     (L.) Sch. Bip | 25B |
| Field pennycress, fresh leaves, 
                                    
                                     L | 25A |
| Field pennycress, dried leaves, 
                                    
                                     L | 25B |
| Flowers, edible, fresh, multiple species | 25A |
| Flowers, edible, dried, multiple species | 25B |
| Fumitory, fresh leaves, 
                                    
                                     L | 25A |
| Fumitory, dried leaves, 
                                    
                                     L | 25B |
| Galbanum, fresh leaves, 
                                    
                                     Boiss | 25A |
| Galbanum, dried leaves, 
                                    
                                     Boiss | 25B |
| Galega, fresh leaves, 
                                    
                                     L | 25A |
| Galega, dried leaves, 
                                    
                                     L | 25B |
| Gambir, fresh leaves, 
                                    
                                     (W. Hunter) Roxb | 25A |
| Gambir, dried leaves, 
                                    
                                     (W. Hunter) Roxb | 25B |
| Geranium, fresh leaves, 
                                    
                                     spp. | 25A |
| Geranium, dried leaves, 
                                    
                                     spp | 25B |
| Geranium, lemon, fresh leaves, 
                                    
                                     (P. J. Bergius) L'Her | 25A |
| Geranium, lemon, dried leaves, 
                                    
                                     (P. J. Bergius) L'Her | 25B |
| Geranium, rose, fresh leaves, 
                                    
                                     L'Her | 25A |
| Geranium, rose, dried leaves, 
                                    
                                     L'Her | 25B |
| Germander, golden, fresh leaves, 
                                    
                                     L | 25A |
| Germander, golden, dried leaves, 
                                    
                                     L | 25B |
| Goldenrod, European, fresh leaves, 
                                    
                                     Scop | 25A |
| Goldenrod, European, dried leaves, 
                                    
                                     Scop | 25B |
| Goldenseal, fresh leaves, 
                                    
                                     L | 25A |
| Goldenseal, dried leaves, 
                                    
                                     L | 25B |
| Gotu kola, fresh leaves, 
                                    
                                     (L.) Urb | 25A |
| Gotu kola, dried leaves, 
                                    
                                     (L.) Urb | 25B |
| Greater periwinkle, fresh leaves, 
                                    
                                     L | 25A |
| Greater periwinkle, dried leaves, 
                                    
                                     L | 25B |
| Guayusa, fresh leaves, 
                                    
                                     Loes | 25A |
| Guayusa, dried leaves, 
                                    
                                     Loes | 25B |
| Gumweed, fresh leaves, 
                                    
                                     Greene | 25A |
| Gumweed, dried leaves, 
                                    
                                     Greene | 25B |
| Gymnema, fresh leaves, 
                                    
                                     (Retz.) Schult | 25A |
| Gymnema, dried leaves, 
                                    
                                     (Retz.) Schult | 25B |
| Gypsywort, fresh leaves, 
                                    
                                     L | 25A |
| Gypsywort, dried leaves, 
                                    
                                     L | 25B |
| Hawthorn, fresh leaves, 
                                    
                                     Jacq.; 
                                    
                                     spp | 25A |
| Hawthorn, dried leaves, 
                                    
                                     Jacq.; 
                                    
                                     spp | 25B |
| Heal-all, fresh leaves, 
                                    
                                     L | 25A |
| Heal-all, dried leaves, 
                                    
                                     L | 25B |
| Hemp nettle, fresh leaves, 
                                    
                                     Neck., 
                                    
                                     spp | 25A |
| Hemp nettle, dried leaves, 
                                    
                                     Neck., 
                                    
                                     spp | 25B |
| Honewort, fresh leaves, 
                                    
                                     (L.) DC | 25A |
| Honewort, dried leaves, 
                                    
                                     (L.) DC | 25B |
| Honeybush, fresh leaves, 
                                    
                                     (L.) R. Br | 25A |
| Honeybush, dried leaves, 
                                    
                                     (L.) R. Br | 25B |
| Horehound, fresh leaves, 
                                    
                                     L | 25A |
| Horehound, dried leaves, 
                                    
                                     L | 25B |
| Horsemint, fresh leaves, 
                                    
                                     (L.) Huds | 25A |
| Horsemint, dried leaves, 
                                    
                                     (L.) Huds | 25B |
| Horsetail, fresh leaves, 
                                    
                                     L, 
                                    
                                     Ehrh | 25A |
| Horsetail, dried leaves, 
                                    
                                     L, 
                                    
                                     Ehrh | 25B |
| Hyssop, fresh leaves, 
                                    
                                     L | 25A |
| Hyssop, dried leaves, 
                                    
                                     L | 25B |
| Hyssop, anise, fresh leaves, 
                                    
                                     (Pursh) Kuntze | 25A |
| Hyssop, anise, dried leaves, 
                                    
                                     (Pursh) Kuntze | 25B |
| Indian tobacco, fresh leaves, 
                                    
                                     L | 25A |
| Indian tobacco, dried leaves, 
                                    
                                     L | 25B |
| Ironwort, fresh leaves, 
                                    
                                     Griseb., 
                                    
                                     spp | 25A |
| Ironwort, dried leaves, 
                                    
                                     Griseb., 
                                    
                                     spp | 25B |
| Ivy, fresh leaves, 
                                    
                                     L | 25A |
| Ivy, dried leaves, 
                                    
                                     L | 25B |
| Jamaica dogwood, fresh leaves, 
                                    
                                     (L.) Sarg | 25A |
| Jamaica dogwood, dried leaves, 
                                    
                                     (L.) Sarg | 25B |
| Jasmine, dried leaves, 
                                    
                                     L., 
                                    
                                     L | 25B |
| Jasmine, fresh leaves, 
                                    
                                     L., 
                                    
                                     L | 25A |
| Labrador tea, fresh leaves, 
                                    
                                     (Oeder) Kron & Judd, 
                                    
                                     Harmaja | 25A |
| Labrador tea, dried leaves, 
                                    
                                     (Oeder) Kron & Judd, 
                                    
                                     Harmaja | 25B |
| Lavender, fresh leaves, 
                                    
                                     Mill | 25A |
| Lavender, dried leaves, 
                                    
                                     Mill | 25B |
| Lemon verbena, fresh leaves, 
                                    
                                     Palau | 25A |
| Lemon verbena, dried leaves, 
                                    
                                     Palau | 25B |
| Lemongrass, fresh leaves, 
                                    
                                     (DC.) Stapf | 25A |
| Lemongrass, dried leaves, 
                                    
                                     (DC.) Stapf | 25B |
| Lovage, fresh leaves, 
                                    
                                     W.D.J. Koch | 25A |
| Lovage, dried leaves, 
                                    
                                     W.D.J. Koch | 25B |
| Love-in-a-mist, fresh leaves, 
                                    
                                     L | 25A |
| Love-in-a-mist, dried leaves, 
                                    
                                     L | 25B |
| Mamaki, fresh leaves, 
                                    
                                     (Link) C. B. Rob | 25A |
| Mamaki, dried leaves, 
                                    
                                     (Link) C. B. Rob | 25B |
| Marigold, fresh leaves, 
                                    
                                     spp | 25A |
| Marigold, dried leaves, 
                                    
                                     spp | 25B |
| Marigold, African, fresh leaves, 
                                    
                                     L | 25A |
| Marigold, African, dried leaves, 
                                    
                                     L | 25B |
| Marigold, Aztec, fresh leaves, 
                                    
                                     L | 25A |
| Marigold, Aztec, dried leaves, 
                                    
                                     L | 25B |
| Marigold, French, fresh leaves, 
                                    
                                     L | 25A |
| Marigold, French, dried leaves, 
                                    
                                     L | 25B |
| Marigold, Irish lace, fresh leaves, 
                                    
                                     Lag | 25A |
| Marigold, Irish lace, dried leaves, 
                                    
                                     Lag | 25B |
| Marigold, licorice, fresh leaves, 
                                    
                                     Cav | 25A |
| Marigold, licorice, dried leaves, 
                                    
                                     Cav | 25B |
| Marigold, Mexican mint, fresh leaves, 
                                    
                                     Cav | 25A |
| Marigold, Mexican mint, dried leaves, 
                                    
                                     Cav | 25B |
| Marigold, signet, fresh leaves, 
                                    
                                     Cav | 25A |
| Marigold, signet, dried leaves, 
                                    
                                     Cav | 25B |
| Marjoram, fresh leaves, 
                                    
                                     spp | 25A |
| Marjoram, dried leaves, 
                                    
                                     spp | 25B |
| Marjoram, pot, fresh leaves, 
                                    
                                     L | 25A |
| Marjoram, pot, dried leaves, 
                                    
                                     L | 25B |
| Marjoram, sweet, fresh leaves, 
                                    
                                     L | 25A |
| Marjoram, sweet, dried leaves, 
                                    
                                     L | 25B |
| Marshmallow, fresh leaves, 
                                    
                                     L | 25A |
| Marshmallow, dried leaves, 
                                    
                                     L | 25B |
| Meadowsweet, fresh leaves, 
                                    
                                     (L.) Maxim | 25A |
| Meadowsweet, dried leaves, 
                                    
                                     (L.) Maxim | 25B |
| Mint, fresh leaves, 
                                    
                                     spp | 25A |
| Mint, dried leaves, 
                                    
                                     spp | 25B |
| Mint, corn, fresh leaves, 
                                    
                                     L | 25A |
| Mint, corn, dried leaves, 
                                    
                                     L | 25B |
| Mint, Korean, fresh leaves, 
                                    
                                     (Fisch. & C.A. Mey.) Kun | 25A |
| Mint, Korean, dried leaves, 
                                    
                                     (Fisch. & C.A. Mey.) Kun | 25B |
| Monarda, fresh leaves, 
                                    
                                     spp | 25A |
| Monarda, dried leaves, 
                                    
                                     spp | 25B |
| Moringa, fresh leaves, 
                                    
                                     L | 25A |
| Moringa, dried leaves, 
                                    
                                     L | 25B |
| Motherwort, fresh leaves, 
                                    
                                     L | 25A |
| Motherwort, dried leaves, 
                                    
                                     L | 25B |
| Mountainmint, fresh leaves, 
                                    
                                     spp | 25A |
| Mountainmint, dried leaves, 
                                    
                                     spp | 25B |
| Mountainmint, clustered, fresh leaves, 
                                    
                                     (Michx.) Pers | 25A |
| Mountainmint, clustered, dried leaves, 
                                    
                                     (Michx.) Pers | 25B |
| Mountainmint, hoary, fresh leaves, 
                                    
                                     Michx | 25A |
| Mountainmint, hoary, dried leaves, 
                                    
                                     Michx | 25B |
| Mountainmint, Virginia, fresh leaves, 
                                    
                                     (L.) T. Durand & B.D. Jacks. Ex B.L. Rob. & Fernald | 25A |
| Mountainmint, Virginia, dried leaves, 
                                    
                                     (L.) T. Durand & B.D. Jacks. ex B.L. Rob. & Fernald | 25B |
| Mountainmint, whorled, fresh leaves, 
                                    
                                     (Michx.) Pers | 25A |
| Mountainmint, whorled, dried leaves, 
                                    
                                     (Michx.) Pers | 25B |
| Mugwort, fresh leaves, 
                                    
                                     L | 25A |
| Mugwort, dried leaves, 
                                    
                                     L | 25B |
| Mulberry, white, fresh leaves, 
                                    
                                     L | 25A |
| Mulberry, white, dried leaves, 
                                    
                                     L | 25B |
| Mullein, fresh leaves, 
                                    
                                     Bertol., 
                                    
                                     spp | 25A |
| Mullein, dried leaves, 
                                    
                                     Bertol., 
                                    
                                     spp | 25B |
| Mustard, hedge, fresh leaves, 
                                    
                                     (L.) Scop | 25A |
| Mustard, hedge, dried leaves, 
                                    
                                     (L.) Scop | 25B |
| Nasturtium, fresh leaves, 
                                    
                                     spp | 25A |
| Nasturtium, dried leaves, 
                                    
                                     spp | 25B |
| Nasturtium, bush, fresh leaves, 
                                    
                                     L | 25A |
| Nasturtium, bush, dried leaves, 
                                    
                                     L | 25B |
| Nasturtium, garden, fresh leaves, 
                                    
                                     L | 25A |
| Nasturtium, garden, dried leaves, 
                                    
                                     L | 25B |
| Nettle, stinging, fresh leaves, 
                                    
                                     L | 25A |
| Nettle, stinging, dried leaves, 
                                    
                                     L | 25B |
| Oregano, fresh leaves, 
                                    
                                     L | 25A |
| Oregano, dried leaves, 
                                    
                                     L | 25B |
| Oregano, Mexican, fresh leaves, 
                                    
                                     Kunth | 25A |
| Oregano, Mexican, dried leaves, 
                                    
                                     Kunth | 25B |
| Oregano, Puerto Rico, fresh leaves, 
                                    
                                     Schauer | 25A |
| Oregano, Puerto Rico, dried leaves, 
                                    
                                     Schauer | 25B |
| Oswego tea, fresh leaves, 
                                    
                                     L | 25A |
| Oswego tea, dried leaves, 
                                    
                                     L | 25B |
| Pandan leaf, fresh leaves, 
                                    
                                     Roxb | 25A |
| Pandan leaf, dried leaves, 
                                    
                                     Roxb | 25B |
| Pansy, fresh leaves, 
                                    
                                     L | 25A |
| Pansy, dried leaves, 
                                    
                                     L | 25B |
| Paracress, fresh leaves, 
                                    
                                     (L.) R.K. Jansen | 25A |
| Paracress, dried leaves, 
                                    
                                     (L.) R.K. Jansen | 25B |
| Parsley, dried leaves, 
                                    
                                     (Mill.) Fuss | 25B |
| Partridge berry, fresh leaves, 
                                    
                                     L | 25A |
| Partridge berry, dried leaves, 
                                    
                                     L | 25B |
| Patchouli, fresh leaves, 
                                    
                                     (Blanco) Benth | 25A |
| Patchouli, dried leaves, 
                                    
                                     (Blanco) Benth | 25B |
| Pennyroyal, fresh leaves, 
                                    
                                     L | 25A |
| Pennyroyal, dried leaves, 
                                    
                                     L | 25B |
| Pepper leaf, black, fresh leaves, 
                                    
                                     L | 25A |
| Pepper leaf, black, dried leaves, 
                                    
                                     L | 25B |
| Peppermint, fresh leaves, 
                                    
                                     L | 25A |
| Peppermint, dried leaves, 
                                    
                                     L | 25B |
| Perilla, fresh leaves, 
                                    
                                     (L.) Britton | 25A |
| Perilla, dried leaves, 
                                    
                                     (L.) Britton | 25B |
| Pill bearing spurge, fresh leaves, 
                                    
                                     L | 25A |
| Pill bearing spurge, dried leaves, 
                                    
                                     L | 25B |
| Pipsissewa, fresh leaves, 
                                    
                                     (L.) W. P. C. Barton | 25A |
| Pipsissewa, dried leaves, 
                                    
                                     (L.) W. P. C. Barton | 25B |
| Plantain, common, fresh leaves, 
                                    
                                     L | 25A |
| Plantain, common, dried leaves, 
                                    
                                     L | 25B |
| Rooibos, fresh leaves, 
                                    
                                     (Burm. f.) R. Dahlgren | 25A |
| Rooibos, dried leaves, 
                                    
                                     (Burm. f.) R. Dahlgren | 25B |
| Rose, fresh leaves, 
                                    
                                     spp | 25A |
| Rose, dried leaves, 
                                    
                                     spp | 25B |
| Rosemary, fresh leaves, 
                                    
                                     L | 25A |
| Rosemary, dried leaves, 
                                    
                                     L | 25B |
| Sage, fresh leaves, 
                                    
                                     L | 25A |
| Sage, dried leaves, 
                                    
                                     L | 25B |
| Sage, Greek, fresh leaves, 
                                    
                                     Mill | 25A |
| Sage, Greek, dried leaves, 
                                    
                                     Mill | 25B |
| Sage, Spanish, fresh leaves, 
                                    
                                     Vahl | 25A |
| Sage, Spanish, dried leaves, 
                                    
                                     Vahl | 25B |
| Sage, white, fresh leaves, 
                                    
                                     Jeps | 25A |
| Sage, white, dried leaves, 
                                    
                                     Jeps | 25B |
| Savory, summer, fresh leaves, 
                                    
                                     L | 25A |
| Savory, summer, dried leaves, 
                                    
                                     L | 25B |
| Savory, winter, fresh leaves, 
                                    
                                     L | 25A |
| Savory, winter, dried leaves, 
                                    
                                     L. | 25B |
| Senna, fresh leaves, 
                                    
                                     Mill | 25A |
| Senna, dried leaves, 
                                    
                                     Mill | 25B |
| Siberian fir, fresh leaves, 
                                    
                                     Ledeb | 25A |
| Siberian fir, dried leaves, 
                                    
                                     Ledeb | 25B |
| Skullcap, fresh leaves, 
                                    
                                     L | 25A |
| Skullcap, dried leaves, 
                                    
                                     L | 25B |
| Small flower willow head, fresh leaves, 
                                    
                                     Schreb | 25A |
| Small flower willow head, dried leaves, 
                                    
                                     Schreb | 25B |
| Sorrel, fresh leaves, 
                                    
                                     spp | 25A |
| Sorrel, dried leaves, 
                                    
                                     spp | 25B |
| Sorrel, French, fresh leaves, 
                                    
                                     L | 25A |
| Sorrel, French, dried leaves, 
                                    
                                     L | 25B |
| Sorrel, garden, fresh leaves, 
                                    
                                     L | 25A |
| Sorrel, garden, dried leaves, 
                                    
                                     L | 25B |
| Southernwood, fresh leaves, 
                                    
                                     L | 25A |
| Southernwood, dried leaves, 
                                    
                                     L | 25B |
| Spearmint, fresh leaves, 
                                    
                                     L | 25A |
| Spearmint, dried leaves, 
                                    
                                     L | 25B |
| Spearmint, Scotch, fresh leaves, 
                                    
                                     Sole | 25A |
| Spearmint, Scotch, dried leaves, 
                                    
                                     Sole | 25B |
| Spilanthes, fresh leaves, 
                                    
                                     (L.) Philipson | 25A |
| Spilanthes, dried leaves, 
                                    
                                     (L.) Philipson | 25B |
| Spotted beebalm, fresh leaves, 
                                    
                                     L | 25A |
| Spotted beebalm, dried leaves, 
                                    
                                     L | 25B |
| St  John's Wort, fresh leaves, 
                                    
                                     L | 25A |
| St  John's Wort, dried leaves, 
                                    
                                     L | 25B |
| Stevia, fresh leaves, 
                                    
                                     (Bertoni) Bertoni | 25A |
| Stevia, dried leaves, 
                                    
                                     (Bertoni) Bertoni | 25B |
| Stoneroot, fresh leaves, 
                                    
                                     L | 25A |
| Stoneroot, dried leaves, 
                                    
                                     L | 25B |
| Swamp leaf, fresh leaves, 
                                    
                                     (Osbeck) Merr | 25A |
| Swamp leaf, dried leaves, 
                                    
                                     (Osbeck) Merr | 25B |
| Tansy, fresh leaves, 
                                    
                                     L | 25A |
| Tansy, dried leaves, 
                                    
                                     L | 25B |
| Tarragon, fresh leaves, 
                                    
                                     L | 25A |
| Tarragon, dried leaves, 
                                    
                                     L | 25B |
| Thuja, fresh leaves, 
                                    
                                     L | 25A |
| Thuja, dried leaves, 
                                    
                                     L | 25B |
| Thyme, fresh leaves, 
                                    
                                     spp | 25A |
| Thyme, dried leaves, 
                                    
                                     spp | 25B |
| Thyme, creeping, fresh leaves, 
                                    
                                     L | 25A |
| Thyme, creeping, dried leaves, 
                                    
                                     L | 25B |
| Thyme, lemon, fresh leaves, 
                                    
                                     (Pers.) Schreb | 25A |
| Thyme, lemon, dried leaves, 
                                    
                                     (Pers.) Schreb | 25B |
| Thyme, mastic, fresh leaves, 
                                    
                                     (L.) L | 25A |
| Thyme, mastic, dried leaves, 
                                    
                                     (L.) L | 25B |
| Toon, Chinese, fresh leaves, 
                                    
                                     (A. Juss.) M. Roem | 25A |
| Toon, Chinese, dried leaves, 
                                    
                                     (A. Juss.) M. Roem | 25B |
| Toothed clubmoss, fresh leaves, 
                                    
                                     (Thunb.) Trevis | 25A |
| Toothed clubmoss, dried leaves, 
                                    
                                     (Thunb.) Trevis | 25B |
| Trailing arbutus, fresh leaves, 
                                    
                                     L | 25A |
| Trailing arbutus, dried leaves, 
                                    
                                     L | 25B |
| Vasaka, fresh leaves, 
                                    
                                     L | 25A |
| Vasaka, dried leaves, 
                                    
                                     L. | 25B |
| Verbena, blue, fresh leaves, 
                                    
                                     L | 25A |
| Verbena, blue, dried leaves, 
                                    
                                     L | 25B |
| Veronica, fresh leaves, 
                                    
                                     L | 25A |
| Veronica, dried leaves, 
                                    
                                     L | 25B |
| Violet, fresh leaves, 
                                    
                                     L | 25A |
| Violet, dried leaves, 
                                    
                                     L | 25B |
| Watermint, fresh leaves, 
                                    
                                     L | 25A |
| Watermint, dried leaves, 
                                    
                                     L | 25B |
| Waterpepper, fresh leaves, 
                                    
                                     (L.) Delarbre | 25A |
| Waterpepper, dried leaves, 
                                    
                                     (L.) Delarbre | 25B |
| Wild bergamot, fresh leaves, 
                                    
                                     L | 25A |
| Wild bergamot, dried leaves, 
                                    
                                     L | 25B |
| Wintergreen, fresh leaves, 
                                    
                                     L | 25A |
| Wintergreen, dried leaves, 
                                    
                                     L | 25B |
| Wood betony, fresh leaves, 
                                    
                                     (L.) Trevis | 25A |
| Wood betony, dried leaves, 
                                    
                                     (L.) Trevis | 25B |
| Woodruff, fresh leaves, 
                                    
                                     (L.) Scop | 25A |
| Woodruff, dried leaves, 
                                    
                                     (L.) Scop | 25B |
| Wormwood, fresh leaves, 
                                    
                                     L. | 25A |
| Wormwood, dried leaves, 
                                    
                                     L | 25B |
| Wormwood, Roman, fresh leaves, 
                                    
                                     L | 25A |
| Wormwood, Roman, dried leaves, 
                                    
                                     L | 25B |
| Yarrow, fresh leaves, 
                                    
                                     L | 25A |
| Yarrow, dried leaves, 
                                    
                                     L | 25B |
| Yellow gentian, fresh leaves, 
                                    
                                     L | 25A |
| Yellow gentian, dried leaves, 
                                    
                                     L | 25B |
| Yerba santa, fresh leaves, 
                                    
                                     (Hook. & Arn.) Torr | 25A |
| Yerba santa, dried leaves, 
                                    
                                     (Hook. & Arn.) Torr | 25B |
| Yomogi, fresh leaves, 
                                    
                                     L | 25A |
| Yomogi, dried leaves, 
                                    
                                     L | 25B |
| Cultivars, varieties, and hybrids of these commodities |  |

(iii) *Crop subgroups.* The following Table 2 identifies the crop subgroups for Crop Group 25, specifies the representative commodities for each subgroup, and lists all the commodities included in each subgroup.

| Representative commodities | Commodities |
| --- | --- |
|  |  |
| Basil, fresh leaves and mint, fresh leaves | Agrimony, fresh leaves; Amla, fresh leaves; Angelica, fresh leaves; Angelica, dahurian, fresh leaves; Applemint, fresh leaves; Avarum, fresh leaves; Balloon pea, fresh leaves; Balm, fresh leaves; Barrenwort, fresh leaves; Basil, fresh leaves; Basil, American, fresh leaves; Basil, Greek, fresh leaves; Basil, holy, fresh leaves; Basil, lemon, fresh leaves; Basil, Russian, fresh leaves; Bay, fresh leaves; Bearberry, fresh leaves; Bisongrass, fresh leaves; Blue mallow, fresh leaves; Boneset, fresh leaves; Borage, fresh leaves; Borage, Indian, fresh leaves; Burnet, fresh leaves; Burnet, garden, fresh leaves; Burnet, salad, fresh leaves; Butterbur, fresh leaves; Calamint, fresh leaves; Calamint, large-flower, fresh leaves; Calamint, lesser, fresh leaves; Calendula, fresh leaves; Caltrop, fresh leaves; Camomile (Chamomile), fresh leaves; Camomile (Chamomile), German, fresh leaves; Camomile (Chamomile), Roman, fresh leaves; Caraway, fresh leaves; Cat's claw, fresh leaves; Catnip, fresh leaves; Catnip, Japanese, fresh leaves; Celandine, greater, fresh leaves; Celandine, lesser, fresh leaves; Centaury, fresh leaves; Chaste tree, fresh leaves; Chaste tree, Chinese, fresh leaves; Chinese blackberry, fresh leaves; Chinese foxglove, fresh leaves; Cicely, sweet, fresh leaves; Clary, fresh leaves; Coriander, Bolivian, fresh leaves; Coriander, Vietnamese, fresh leaves; Costmary, fresh leaves; Creat, fresh leaves; Culantro, fresh leaves; Curry leaf, fresh leaves; Curryplant, fresh leaves; Cut leaf, fresh leaves; Damiana, fresh leaves; Dokudami, fresh leaves; Echinacea, fresh leaves; Epazote, fresh leaves; Eucommia, fresh leaves; Evening primrose, fresh leaves; Eyebright, fresh leaves; Fennel, common, fresh leaves; Fennel, Spanish, fresh leaves; Fenugreek, fresh leaves; Feverfew, fresh leaves; Field pennycress, fresh leaves; Flowers, edible, fresh; Fumitory, fresh leaves; Galbanum, fresh leaves; Galega, fresh leaves; Gambir, fresh leaves; Geranium, fresh leaves; Geranium, lemon, fresh leaves; Geranium, rose, fresh leaves; Germander, golden, fresh leaves; Goldenrod, European, fresh leaves; Goldenseal, fresh leaves; Gotu kola, fresh leaves; Greater periwinkle, fresh leaves; Guayusa, fresh leaves; Gumweed, fresh leaves; Gymnema, fresh leaves; Gypsywort, fresh leaves; Hawthorn, fresh leaves; Heal-all, fresh leaves; Hemp nettle, fresh leaves; Honewort, fresh leaves; Honeybush, fresh leaves; Horehound, fresh leaves; Horsemint, fresh leaves; Horsetail, fresh leaves; Hyssop, fresh leaves; Hyssop, anise, fresh leaves; Indian tobacco, fresh leaves; Ironwort, fresh leaves; Ivy, fresh leaves; Jamaica dogwood, fresh leaves; Jasmine, fresh leaves; Labrador tea, fresh leaves; Lavender, fresh leaves; Lemon verbena, fresh leaves; Lemongrass, fresh leaves; Lovage, fresh leaves; Love-in-a-mist, fresh leaves; Mamaki, fresh leaves; Marigold, fresh leaves; Marigold, African, fresh leaves; Marigold, Aztec, fresh leaves; Marigold, French, fresh leaves; Marigold, Irish lace, fresh leaves; Marigold, licorice, fresh leaves; Marigold, Mexican mint, fresh leaves; Marigold, signet, fresh leaves; Marjoram, fresh leaves; Marjoram, pot, fresh leaves; Marjoram, sweet, fresh leaves; Marshmallow, fresh leaves; Meadowsweet, fresh leaves; Mint, fresh leaves; Mint, corn, fresh leaves; Mint, Korean, fresh leaves; Monarda, fresh leaves; Moringa, fresh leaves; Motherwort, fresh leaves; Mountainmint, fresh leaves; Mountainmint, clustered, fresh leaves; Mountainmint, hoary, fresh leaves; Mountainmint, Virginia, fresh leaves; Mountainmint, whorled, fresh leaves; Mugwort, fresh leaves; Mulberry, white, fresh leaves; Mullein, fresh leaves; Mustard, hedge, fresh leaves; Nasturtium, fresh leaves; Nasturtium, bush, fresh leaves; Nasturtium, garden, fresh leaves; Nettle, stinging, fresh leaves; Oregano, fresh leaves; Oregano, Mexican, fresh leaves; Oregano, Puerto Rico, fresh leaves; Oswego tea, fresh leaves; Pandan leaf, fresh leaves; Pansy, fresh leaves; Paracress, fresh leaves; Partridge berry, fresh leaves; Patchouli, fresh leaves; Pennyroyal, fresh leaves; Pepper leaf, black, fresh leaves; Peppermint, fresh leaves; Perilla, fresh leaves; Pill bearing spurge, fresh leaves; Pipsissewa, fresh leaves; Plantain, common, fresh leaves; Rooibos, fresh leaves; Rose, fresh leaves; Rosemary, fresh leaves; Sage, fresh leaves; Sage, Greek, fresh leaves; Sage, Spanish, fresh leaves; Sage, white, fresh leaves; Savory, summer, fresh leaves; Savory, winter, fresh leaves; Senna, fresh leaves; Siberian fir, fresh leaves; Skullcap, fresh leaves; Small flower willow head, fresh leaves; Sorrel, fresh leaves; Sorrel, French, fresh leaves; Sorrel, garden, fresh leaves; Southernwood, fresh leaves; Spearmint, fresh leaves; Spearmint, Scotch, fresh leaves; Spilanthes, fresh leaves; Spotted beebalm, fresh leaves; St. John's Wort, fresh leaves; Stevia, fresh leaves; Stoneroot, fresh leaves; Swamp leaf, fresh leaves; Tansy, fresh leaves; Tarragon, fresh leaves; Thuja, fresh leaves; Thyme, fresh leaves; Thyme, creeping, fresh leaves; Thyme, lemon, fresh leaves; Thyme, mastic, fresh leaves; Toon, Chinese, fresh leaves; Toothed clubmoss, fresh leaves; Trailing arbutus, fresh leaves; Vasaka, fresh leaves; Verbena, blue, fresh leaves; Veronica, fresh leaves; Violet, fresh leaves; Watermint, fresh leaves; Waterpepper, fresh leaves; Wild bergamot, fresh leaves; Wintergreen, fresh leaves; Wood betony, fresh leaves; Woodruff, fresh leaves; Wormwood, fresh leaves; Wormwood, Roman, fresh leaves; Yarrow, fresh leaves; Yellow gentian, fresh leaves; Yerba santa, fresh leaves; Yomogi, fresh leaves; Cultivars, varieties, and hybrids of these commodities. |
|  |  |
| Basil, dried leaves and mint, dried leaves | Agrimony, dried leaves; Amla, dried leaves; Angelica, dried leaves; Angelica, dahurian, dried leaves; Applemint, dried leaves; Avarum, dried leaves; Balloon pea, dried leaves; Balm, dried leaves; Barrenwort, dried leaves; Basil, dried leaves; Basil, American, dried leaves; Basil, Greek, dried leaves; Basil, holy, dried leaves; Basil, lemon, dried leaves; Basil, Russian, dried leaves; Bay, dried leaves; Bearberry, dried leaves; Bisongrass, dried leaves; Blue mallow, dried leaves; Boneset, dried leaves; Borage, dried leaves; Borage, Indian, dried leaves; Burnet, dried leaves; Burnet, garden, dried leaves; Burnet, salad, dried leaves; Butterbur, dried leaves; Calamint, dried leaves; Calamint, large-flower, dried leaves; Calamint, lesser, dried leaves; Calendula, dried leaves; Caltrop, dried leaves; Camomile (Chamomile), dried leaves; Camomile (Chamomile), German, dried leaves; Camomile (Chamomile), Roman, dried leaves; Caraway, dried leaves; Cat's claw, dried leaves; Catnip, dried leaves; Catnip, Japanese, dried leaves; Celandine, greater, dried leaves; Celandine, lesser, dried leaves; Celery, dried leaves; Centaury, dried leaves; Chaste tree, dried leaves; Chaste tree, Chinese, dried leaves; Chervil, dried leaves; Chinese blackberry, dried leaves; Chinese foxglove, dried leaves; Chive, dried leaves; Chive, Chinese, dried leaves; Cicely, sweet, dried leaves; Cilantro, dried leaves; Clary, dried leaves; Coriander, Bolivian, dried leaves; Coriander, Vietnamese, dried leaves; Costmary, dried leaves; Creat, dried leaves; Culantro, dried leaves; Curry leaf, dried leaves; Curryplant, dried leaves; Cut leaf, dried leaves; Damiana, dried leaves; Dillweed, dried leaves; Dokudami, dried leaves; Echinacea, dried leaves; Epazote, dried leaves; Eucommia, dried leaves; Evening primrose, dried leaves; Eyebright, dried leaves; Fennel, common, dried leaves; Fennel, Florence, dried leaves; Fenugreek, dried leaves; Feverfew, dried leaves; Field pennycress, dried leaves; Flowers, edible, dried; Fumitory, dried leaves; Galbanum, dried leaves; Galega, dried leaves; Gambir, dried leaves; Geranium, dried leaves; Geranium, lemon, dried leaves; Geranium, rose, dried leaves; Germander, golden, dried leaves; Goldenrod, European, dried leaves; Goldenseal, dried leaves; Gotu kola, dried leaves; Greater periwinkle, dried leaves; Guayusa, dried leaves; Gumweed, dried leaves; Gymnema, dried leaves; Gypsywort, dried leaves; Hawthorn, dried leaves; Heal-all, dried leaves; Hemp nettle, dried leaves; Honewort, dried leaves; Honeybush, dried leaves; Horehound, dried leaves; Horsemint, dried leaves; Horsetail, dried leaves; Hyssop, dried leaves; Hyssop, anise, dried leaves; Indian tobacco, dried leaves; Ironwort, dried leaves; Ivy, dried leaves; Jamaica dogwood, dried leaves; Jasmine, dried leave; Labrador tea, dried leaves; Lavender, dried leaves; Lemon verbena, dried leaves; Lemongrass, dried leaves; Lovage, dried leaves; Love-in-a-mist, dried leaves; Mamaki, dried leaves; Marigold, dried leaves; Marigold, African, dried leaves; Marigold, Aztec, dried leaves; Marigold, French, dried leaves; Marigold, Irish lace, dried leaves; Marigold, licorice, dried leaves; Marigold, Mexican mint, dried leaves; Marigold, signet, dried leaves; Marjoram, dried leaves; Marjoram, sweet, dried leaves; Marshmallow, dried leaves; Meadowsweet, dried leaves; Mint, dried leaves; Mint, corn, dried leaves; Mint, Korean, dried leaves; Monarda, dried leaves; Moringa, dried leaves; Motherwort, dried leaves; Mountainmint, dried leaves; Mountainmint, clustered, dried leaves; Mountainmint, hoary, dried leaves; Mountainmint, Virginia, dried leaves; Mountainmint, whorled, dried leaves; Mugwort, dried leaves; Mulberry, white, dried leaves; Mullein, dried leaves; Mustard, hedge, dried leaves; Nasturtium, dried leaves; Nasturtium, bush, dried leaves; Nasturtium, garden, dried leaves; Nettle, stinging, dried leaves; Oregano, dried leaves; Oregano, Mexican, dried leaves; Oregano, Puerto Rico, dried leaves; Oswego tea, dried leaves; Pandan leaf, dried leaves; Pansy, dried leaves; Paracress, dried leaves; Parsley, dried leaves; Partridge berry, dried leaves; Patchouli, dried leaves; Pennyroyal, dried leaves; Pepper leaf, black, dried leaves; Peppermint, dried leaves; Perilla, dried leaves; Pill bearing spurge, dried leaves; Pipsissewa, dried leaves; Plantain, common, dried leaves; Rooibos, dried leaves; Rose, dried leaves; Rosemary, dried leaves; Sage, dried leaves; Sage, Greek, dried leaves; Sage, Spanish, dried leaves; Sage, white, dried leaves; Savory, summer, dried leaves; Savory, winter, dried leaves; Senna, dried leaves; Siberian fir, dried leaves; Skullcap, dried leaves; Small flower willow head, dried leaves; Sorrel, dried leaves; Sorrel, French, dried leaves; Sorrel, garden, dried leaves; Southernwood, dried leaves; Spearmint, dried leaves; Spearmint, Scotch, dried leaves; Spilanthes, dried leaves; Spotted beebalm, dried leaves; St. John's Wort, dried leaves; Stevia, dried leaves; Stoneroot, dried leaves; Swamp leaf, dried leaves; Tansy, dried leaves; Tarragon, dried leaves; Thuja, dried leaves; Thyme, dried leaves; Thyme, creeping, dried leaves; Thyme, lemon, dried leaves; Thyme, mastic, dried leaves; Toon, Chinese, dried leaves; Toothed clubmoss, dried leaves; Trailing arbutus, dried leaves; Vasaka, dried leaves; Verbena, blue, dried leaves; Veronica, dried leaves; Violet, dried leaves; Watermint, dried leaves; Waterpepper, dried leaves; Wintergreen, dried leaves; Wood betony, dried leaves; Woodruff, dried leaves; Wormwood, dried leaves; Wormwood, Roman, dried leaves; Yarrow, dried leaves; Yellow gentian, dried leaves; Yerba santa, dried leaves; Yomogi, dried leaves; Fennel, Spanish, dried leaves; Marjoram, pot, dried leaves; Wild bergamot, dried leaves; Cultivars, varieties, and hybrids of these commodities. |

(35) *Crop Group 26.* Spice Group.

(i) *Representative commodities.* Dill seed or Celery seed.

(ii) *Commodities.* The following Table 3 lists all commodities included in Crop Group 26.

| Commodities |
| --- |
| Ajowan, seed, 
                                    
                                     (L.) Sprague ex Turrill. |
| Alder buckhorn, 
                                    
                                     Mill. |
| Allspice, 
                                    
                                     (L.) Merr. |
| Ambrette, seed, 
                                    
                                     (L.) Moench. |
| Amla, seed, 
                                    
                                     Schumach. |
| Angelica, dahurian, seed, 
                                    
                                     (Hoffm.) Benth. & Hook. F. ex Franch. & Sav. |
| Angelica, seed, 
                                    
                                     L. |
| Angostura, bark, 
                                    
                                     (Willd.) T. S. Elias. |
| Anise pepper, 
                                    
                                     (L.) DC. |
| Anise, seed, 
                                    
                                     L. |
| Anise, star, 
                                    
                                     Hook. f. |
| Annatto, seed, 
                                    
                                     L. |
| Asafoetida, 
                                    
                                     L. |
| Ashwagandha, fruit, 
                                    
                                     (L.) Dunal. |
| Autumn crocus, 
                                    
                                     L. |
| Balsam, Peruvian, 
                                    
                                     (L.) Harms var. 
                                    
                                     (Royle) Harms. |
| Barberry, bark, 
                                    
                                     L. |
| Batavia-cassia, bark, 
                                    
                                     (Nees & T. Nees) Blume. |
| Batavia-cassia, fruit, 
                                    
                                     (Nees & T. Nees) Blume. |
| Belleric myrobalan, 
                                    
                                     (Gaertn.) Roxb. |
| Betel vine, 
                                    
                                     L. |
| Birch, bark, 
                                    
                                     spp. |
| Bisnaga, seed, 
                                    
                                     (L.) Lam. |
| Bitterwood, 
                                    
                                     (Sw.) Planch. |
| Black bread weed, 
                                    
                                     L. |
| Bloodroot, 
                                    
                                     L. |
| Blue mallee, 
                                    
                                     R. T. Baker. |
| Blushwood, seed, 
                                    
                                     L. |
| Boldo, leaf, 
                                    
                                     Molina. |
| Buchu, 
                                    
                                     (P. J. Bergius) Pillans. |
| Calamus root, 
                                    
                                     L. |
| Candlebush, 
                                    
                                     (L.) Roxb. |
| Canella, bark, 
                                    
                                     (L.) Gaertn. |
| Caper buds, 
                                    
                                     L. |
| Caper spurge, seed, 
                                    
                                     L. |
| Caraway, black, 
                                    
                                     L. |
| Caraway, fruit, 
                                    
                                     L. |
| Cardamom, black, 
                                    
                                     spp. |
| Cardamom, Ethiopian, 
                                    
                                     (A. Braun) P. C. M. Jansen. |
| Cardamom, green, 
                                    
                                     (L.) Maton. |
| Cardamom, Nepal, 
                                    
                                     Roxb., 
                                    
                                     Roxb. |
| Cardamom-amomum, 
                                    
                                     Sol. ex Maton. |
| Cascara sagrada, 
                                    
                                     (DC.) A. Gray. |
| Cassia, bark, 
                                    
                                     spp. |
| Cassia, Chinese, bark, 
                                    
                                     Nees. |
| Cassia, Chinese, fruit, 
                                    
                                     Nees. |
| Cassia, fruit, 
                                    
                                     spp. |
| Cat's claw, bark, 
                                    
                                     (Willd.) DC., 
                                    
                                     (Aubl.) J. F. Gmel. |
| Catechu, bark, 
                                    
                                     (L.f.) P. J. H. Hurter & Mabb. |
| Celery, seed, 
                                    
                                     var. 
                                    
                                     (Mill.) Pers. |
| Chaste tree, berry, 
                                    
                                     L. |
| Chaste tree, Chinese, roots, 
                                    
                                     L. |
| Chervil, seed, 
                                    
                                     (L.) Hoffm. |
| Chinese hawthorn, 
                                    
                                     Bunge. |
| Chinese nutmeg tree, 
                                    
                                     Fortune. |
| Chinese wineberry, fruit, 
                                    
                                     (Molina) Stuntz. |
| Chinese-pepper, 
                                    
                                     Hance. |
| Cinnamon, bark, 
                                    
                                     J. Presl. |
| Cinnamon, fruit, 
                                    
                                     J. Presl. |
| Cinnamon, Saigon, bark, 
                                    
                                     Nees. |
| Cinnamon, Saigon, fruit, 
                                    
                                     Nees. |
| Clove buds, 
                                    
                                     (L.) Merr. & L.M. Perry. |
| Clusterleaf, 
                                    
                                     Burch. ex DC. |
| Comfrey, 
                                    
                                     L., 
                                    
                                     spp. |
| Copaiba, 
                                    
                                     (Jacq.) L. |
| Coptis, 
                                    
                                     Franch., 
                                    
                                     spp. |
| Coriander, fruit, 
                                    
                                     L. |
| Coriander, seed, 
                                    
                                     L. |
| Cotton, bark, 
                                    
                                     L. |
| Crampbark, 
                                    
                                     L. |
| Cubeb, seed, 
                                    
                                     L. f. |
| Culantro, seed, 
                                    
                                     L. |
| Culvers root, |
| Cumin, 
                                    
                                     L. |
| Cumin, black, 
                                    
                                     (Boiss.) B. Fedtsch. |
| Dill, seed, 
                                    
                                     L. |
| Dorrigo pepper, berry, 
                                    
                                     (Vick.) A.C. Smith. |
| Dorrigo pepper, leaf, 
                                    
                                     (Vick.) A.C. Smith. |
| Dragon blood, 
                                    
                                     Müll. Arg. |
| Echinacea, seed, 
                                    
                                     (L.) Moench, 
                                    
                                     spp. |
| Epimedium, 
                                    
                                     spp. |
| Eucalyptus, 
                                    
                                     spp. |
| Eucommia, bark, 
                                    
                                     Oliv. |
| European beech, 
                                    
                                     L. |
| Felty germander, 
                                    
                                     L. |
| Fennel flower, seed, 
                                    
                                     L. |
| Fennel, common, fruit, 
                                    
                                     Mill. subsp. 
                                    
                                     var. |
| Fennel, common, seed, 
                                    
                                     Mill. subsp. 
                                    
                                     var. |
| Fennel, Florence, fruit, 
                                    
                                     Mill. subsp. 
                                    
                                     var. 
                                    
                                     (Mill.) Thell. |
| Fennel, Florence, seed, 
                                    
                                     Mill. subsp. 
                                    
                                     var. 
                                    
                                     (Mill.) Thell. |
| Fenugreek, seed, 
                                    
                                     L. |
| Fingerroot, 
                                    
                                     (L.) Mansf. |
| Flame lily, seed, 
                                    
                                     L. |
| Frankincense, 
                                    
                                     Flueck. |
| Frankincense, Indian, 
                                    
                                     Roxb. ex Colebr. |
| Fringetree, bark, 
                                    
                                     L. |
| Galbanum, resin, 
                                    
                                     Boiss. |
| Gambooge, 
                                    
                                     (L.) N. Robson. |
| Grains of paradise, 
                                    
                                     K. Schum. |
| Grains of Selim, 
                                    
                                     (Dunal) A. Rich. |
| Guaiac, 
                                    
                                     L. |
| Guarana, 
                                    
                                     Kunt. |
| Guggul, 
                                    
                                     (Arn.) Bhandari. |
| Gum arabic, 
                                    
                                     (L.) Britton. |
| Gum ghatti, 
                                    
                                     (Roxb. ex DC.) Wall. ex Guill. & Perr. |
| Gum karaya, 
                                    
                                     Roxb. |
| Gum tragacanth, 
                                    
                                     Labill. |
| Haw, black, 
                                    
                                     L. |
| Honewort, seed, 
                                    
                                     (L.) DC. |
| Imperatoria, 
                                    
                                     L. |
| Indian tobacco, seed, 
                                    
                                     L. |
| Iva, 
                                    
                                     All. subsp. 
                                    
                                     (Wulfen) I. Richardson. |
| Jalap, 
                                    
                                     (Wender.) Hayne. |
| Jamaica dogwood, bark, 
                                    
                                     (L.) Sarg. |
| Juniper berry, 
                                    
                                     L. |
| Kaffir lime, leaf, 
                                    
                                     DC. |
| Kewra, 
                                    
                                     Lam. |
| Kokam, 
                                    
                                     (Thouars) Choisy. |
| Linden, leaf, 
                                    
                                     L. |
| Lovage, seed, 
                                    
                                     W.D.J. Koch. |
| Mace, 
                                    
                                     Houtt. |
| Magnolia, bark, 
                                    
                                     Rehder & E. H. Wilson. |
| Mahaleb, 
                                    
                                     L. |
| Malabar cardamom, 
                                    
                                     Lour. |
| Malabar-tamarind, 
                                    
                                     spp. |
| Malabathrum, 
                                    
                                     (Buch-Ham.) Nees & Eberm. |
| Mastic, 
                                    
                                     L. |
| Micromeria, white, 
                                    
                                     (L.) Druce. |
| Milk thistle, 
                                    
                                     (L.) Gaertn. |
| Mioga, 
                                    
                                     (Thunb.) Roscoe. |
| Miracle fruit, 
                                    
                                     (Schumach. & Thonn.) Daniell. |
| Mistletoe, 
                                    
                                     L. |
| Mojave yucca, 
                                    
                                     Roezl ex Ortgies. |
| Muira puama, 
                                    
                                     Müll. Arg. |
| Mustard, black, 
                                    
                                     (L.) W.D.J. Koch. |
| Mustard, brown, 
                                    
                                     (L.) Czern. var. |
| Mustard, seed, 
                                    
                                     spp. and 
                                    
                                     spp. |
| Mustard, white, 
                                    
                                     L. ssp. |
| Myrrh, 
                                    
                                     (Nees) Engl., 
                                    
                                     (A. Rich.) Engl. |
| Myrrh, bisabol, 
                                    
                                     (Forssk.) Engl. |
| Myrtle, anise, 
                                    
                                     (Vickery) Craven & Biffen. |
| Myrtle, leaf, 
                                    
                                     L. |
| Myrtle, lemon, 
                                    
                                     F. Muell. |
| Nasturtium, bush, pods, 
                                    
                                     L. |
| Nasturtium, garden, pods, 
                                    
                                     L. |
| Nasturtium, pods, 
                                    
                                     spp. |
| Nettle, stinging, seed, 
                                    
                                     L. |
| Nutmeg, 
                                    
                                     Houtt. |
| Osha, 
                                    
                                     J.M. Coult. & Rose. |
| Pepper, black, 
                                    
                                     L. |
| Pepper, Indian long, 
                                    
                                     L. |
| Pepper, Javanese long, 
                                    
                                     Vahl. |
| Pepper, leaf, 
                                    
                                     Kunth, 
                                    
                                     C.DC., 
                                    
                                     (Miq.) Schltdl., 
                                    
                                     L. |
| Pepper, pink, 
                                    
                                     Raddi. |
| Pepper, Sichuan, 
                                    
                                     spp. |
| Pepper, white, 
                                    
                                     L. |
| Pepperbush, berry, 
                                    
                                     spp. |
| Pepperbush, leaf, 
                                    
                                     spp. |
| Peppercorn, green, 
                                    
                                     L. |
| Peppertree, 
                                    
                                     spp. |
| Peppertree, Peruvian, 
                                    
                                     L. |
| Perilla, seed, 
                                    
                                     (L.) Britton. |
| Phellodendron, 
                                    
                                     Rvpr. |
| Pine, maritime, 
                                    
                                     Aiton. |
| Poppy, seed, 
                                    
                                     L. subsp. |
| Prickly ash, Chinese, 
                                    
                                     Maxim. |
| Prickly ash, Southern, bark, 
                                    
                                     L. |
| Pygeum, 
                                    
                                     (Hook. f.) Kalkman. |
| Qing hua jiao, 
                                    
                                     Siebold & Zucc. |
| Quassia, bark, 
                                    
                                     L., 
                                    
                                     (Sw.) Planch. |
| Quebracho, bark, 
                                    
                                     Schltdl. |
| Quillaja, 
                                    
                                     Molina. |
| Quinine, 
                                    
                                     Vahl, 
                                    
                                     spp. |
| Rauwolfia, bark, 
                                    
                                     Afzel. |
| Resin spurge, 
                                    
                                     O. Berg. |
| Rue, 
                                    
                                     L. |
| Saffron crocus, 
                                    
                                     L. |
| Sandalwood, seed, 
                                    
                                     L. |
| Sassafras, bark, 
                                    
                                     (Nutt.) Nees. |
| Sassafras, leaf, 
                                    
                                     (Nutt.) Nees. |
| Saunders, red, 
                                    
                                     L. f. |
| Saw palmetto, 
                                    
                                     (W. Bartram) Small. |
| Sesame, seed, 
                                    
                                     L., 
                                    
                                     Thonn. ex Hornem. |
| Silktree, bark, 
                                    
                                     Durazz., 
                                    
                                     (L.) Benth. |
| Simaruba, bark, 
                                    
                                     Aubl. |
| Skunk cabbage, root, 
                                    
                                     (L.) Salisb. ex W. P. C. Barton. |
| Slippery elm, 
                                    
                                     Muhl. |
| Stemona, root, 
                                    
                                     (Miq.) Miq. |
| Suma, 
                                    
                                     (Poir.) Pedersen. |
| Sumac, fragrant, 
                                    
                                     Aiton. |
| Sumac, smooth, leaf, 
                                    
                                     L. |
| Taheebo, bark, 
                                    
                                     (Mart. ex DC.) Mattos. |
| Tamarind, seed, 
                                    
                                     L. |
| Tasmanian pepper, berry, 
                                    
                                     (Poir.) A. C. Sm. |
| Tasmanian pepper, leaf, 
                                    
                                     (Poir.) A. C. Sm. |
| Threeleaf caper, 
                                    
                                     (Lour.) DC. |
| Tsaoko, 
                                    
                                     Crevost & Lemarié. |
| Vanilla, 
                                    
                                     Jacks. |
| Wattleseed, 
                                    
                                     spp. |
| White willow, 
                                    
                                     L. |
| Willow, 
                                    
                                     spp. |
| Witch hazel, 
                                    
                                     L. |
| Yaw root, 
                                    
                                     L. |
| Yellow gentian, roots, 
                                    
                                     L. |
| Yohimbe, 
                                    
                                     (K. Schum.) Pierre. |
| Cultivars, varieties, and hybrids of these commodities. |