This regulation establishes an exemption from the requirement of a tolerance for residues of FD&C Red No. 40 when used as an inert ingredient as colorant in antimicrobial pesticide formulation in food- contact surface sanitizer products at a maximum level in the end-use concentration of 20 parts per million (ppm). Diversey Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of FD&C Red No. 40.