However, under the Delaney clause of section 409, EPA may not establish a section 409 tolerance for a pesticide that induces cancer in man or animal in a processed food, regardless of the level of risk presented by the pesticide residues. Thus, when residues concentrate in the drying process, the dried hops require a section 409 tolerance. If the pesticide in question induces cancer in man or animals, the Delaney Clause prohibits the establishment of the section 409 tolerance for residues in dried hops. The practical result is that, without needed tolerances on dried hops, a pesticide may not be registered for use on growing hops. HOPS EPA has been considering for some time whether dried hops are properly classified as a processed food.
Hops are a unique commodity, used almost exclusively as a flavoring agent for beer.
This on-farm drying is necessary to prevent spoilage and always occurs prior to the shipment of the dried hops to beer manufacturers. While the drying of hops is, in the most general sense, a form of dehydration, both EPA and FDA have traditionally treated many forms of dried or partially dried food as RACs, e.g., peanuts, grains. This section explains the regulatory and procedural implementation of this classification. A. Revision of Pesticide Assessment Guidelines. B. New petitions for tolerance.