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According to column 2 of Annex IX, section 9.4, testing on short term toxicity on terrestrial organisms does not need to be conducted if direct and indirect exposure of the soil compartment is unlikely. According to column 2 of Annex X section 9.4 long-term toxicity testing with terrestrial organisms shall only be proposed if the chemical safety assessment indicates the need to investigate further the effects of the substance on terrestrial organisms.

Testing is waived since ethyl-(S)-lactate is not supposed to be directly applied to soil, has a low potential for adsorption to soil (Koc estimated is 2.23), is readily biodegradable and is rapidly hydrolysed to lactic acid and ethanol in-vivo, neither of which are toxic to terrestrial organisms.

Since ethyl-(S)-lactate has a low bioaccumulation potential and a high degradability, no risk of secondary poisoning is identified and therefore no toxicity testing on birds is required.