02 NCAC 09L .0402 TOLERANCES
In regards to establishing tolerances providing for reasonable deviations from the guaranteed analysis statement, the following guidelines are adopted:
(1) that, in general, a "passed" judgment on a pesticide formulation be made if the analytical results are within the following guidelines:
Pesticide Active Ingredient Allowable Deviation
Guarantee, Percent Below Guarantee
<1.00 15 percent of Guarantee
1.00 ‑ 19.99 0.1 plus 5 percent of Guarantee
20.00 ‑ 49.99 0.5 plus 3 percent of Guarantee
50.00 ‑ 100.00 1.0 plus 2 percent of Guarantee
(a) If a sufficient number of samples as determined by the food and drug protection division of a given product indicate that the manufacturer is not formulating the product to achieve the level of the guarantee, an administrative judgment may be made to warn the formulator against the practice of formulating products in a manner only to stay within the allowable deviation from the guarantee.
(b) A sample result falling outside of the guidelines may not necessarily be "deficient" if one of the following factors could reasonably be expected to have contributed significantly to the off‑limits analysis:
(i) special sampling problems, such as fertilizer‑pesticide mixtures and certain granular products;
(ii) accuracy, specificity, reproducibility, etc., of the methods used when applied to the particular formulation;
(2) that, allowable deviations, similar to those for "deficiencies," are not applicable to "overages." Each sample analysis will be judged individually as to whether or not the overage is excessive by using the following criteria:
(a) no illegal residues resulting from use according to directions;
(b) no significant additional hazard to applicator or user;
(c) no significant damage to non‑target organisms or the environment;
(d) stability of ingredients and the need for "over‑formulating";
(e) accuracy, specificity, reproducibility, etc., of the methods used when applied to the particular formulation.
History Note: Authority G.S. 143‑437(1); 143‑446;
Eff. February 1, 1976;
Amended Eff. November 1, 1988; August 1, 1982; January 27, 1978.