Current through Register Vol. 41, No. 3, September 23, 2024
A. In this
section, the term "pesticide product" or "pesticide" refers only to a pesticide
product or a pesticide that is subject to the regulations in Part IV of this
chapter as described in
2VAC5-690-120 A through
G.
B. Any registrant who
distributes or sells pesticide products in refillable containers and any
registrant who conducts all of the repackaging for a pesticide product and does
not distribute or sell the pesticide product to a refiller that is not part of
the registrant's company for repackaging into refillable containers must comply
with this section. Any registrant that repackages a product directly into
refillable containers for sale or distribution and also sells or distributes
other quantities of that product to an independent refiller for repackaging
must meet the requirements in this section for those quantities the registrant
distributes or sells directly and the requirements in
2VAC5-690-140 for those quantities
that the registrant distributes or sells to an independent refiller.
C. A registrant is responsible for the
pesticide product that the registrant distributes or sells in refillable
containers not being adulterated or different from the composition described in
its confidential statement of formula that is required under § 3 of FIFRA
( 7 USC § 136a).
D. For each
pesticide product distributed or sold in refillable containers, the registrant
must develop both of the following documents in writing.
1. The registrant must develop a refilling
residue removal procedure that describes how to remove pesticide residue from a
refillable container (portable or stationary pesticide container) before it is
refilled.
a. The refilling residue removal
procedure must be adequate to ensure that the composition of the pesticide
product does not differ at the time of its distribution or sale from the
composition described in its confidential statement of formula that is required
under § 3 of FIFRA ( 7 USC § 136a).
b. If the refilling residue removal procedure
requires the use of a solvent other than the diluent used for applying the
pesticide as specified on the labeling under "Directions for Use," or if there
is no diluent used for application, the refilling residue removal procedure
must describe how to manage any rinsate resulting from the procedure in
accordance with applicable federal and state regulations.
2. The registrant must develop a description
of acceptable refillable containers (portable or stationary pesticide
containers) that can be used for distributing or selling that pesticide
product.
a. An acceptable container is one
that the registrant has determined meets the standards in Part III
(2VAC5-690-70 et seq.) of this
chapter and is compatible with the pesticide formulation intended to be
distributed and sold using the refillable container.
b. The registrant must identify the
containers by specifying the container materials of construction that are
compatible with the pesticide formulation and specifying information necessary
to confirm compliance with the refillable container requirements in Part III of
this chapter.
E. A refiller at a registrant's establishment
that repackages a pesticide product into refillable containers for distribution
or sale must comply with all of the following provisions.
1. The establishment must be registered with
EPA as a producing establishment as required by
40 CFR
167.20.
2. The refiller must not change the pesticide
formulation unless the refiller has a registration for the new
formulation.
3. The refiller must
repackage a pesticide product only into a refillable container that is
identified on the registrant's description of acceptable containers for that
pesticide product.
4. The refiller
may repackage any quantity of a pesticide product into a refillable container
up to the rated capacity of the container. In addition, there are no general
limits on the size of the refillable containers that the refiller can
use.
5. The refiller must have all
of the following items at the establishment before repackaging a pesticide
product into any refillable container for distribution or sale:
a. The pesticide product's label and
labeling;
b. The written refilling
residue removal procedure for the pesticide product; and
c. The written description of acceptable
containers for the pesticide product.
6. Before repackaging a pesticide product
into any refillable container for distribution or sale, the refiller must
identify the pesticide product previously contained in the refillable container
to determine whether a residue removal procedure must be conducted in
accordance with subsection G of this section. The refiller may identify the
previous pesticide product by referring to the label or labeling.
7. The refiller must inspect each refillable
container according to subsection F of this section.
8. The refiller must clean each refillable
container according to subsection G or H of this section, if required by either
subsection.
9. The refiller must
ensure that each refillable container is properly labeled according to
subsection I of this section.
10.
The establishment must maintain records in accordance with subsection J of this
section.
11. The establishment must
maintain records as required by 40 CFR Part 169.
12. The establishment must report as required
by 40 CFR Part 167.
F.
Before repackaging a pesticide product into any refillable container, a
refiller at a registrant's establishment must visually inspect the exterior and
(if possible) the interior of the container and the exterior of appurtenances.
The purpose of the inspection is to determine whether the container meets the
necessary criteria with respect to continued container integrity, required
markings, and openings. If the condition in subdivision 1 of this subsection
exists, the container fails the inspection and must not be refilled unless the
container is repaired, reconditioned, or remanufactured in compliance with the
relevant USDOT requirement. If the condition in subdivision 2 or 3 of this
subsection (or both) exists, the container fails the inspection and must not be
refilled until the container meets the standards specified in Part III of this
chapter. The conditions are:
1. The integrity
of the container is compromised in at least one of the following ways:
a. The container shows signs of rupture or
other damage that reduces its structural integrity;
b. The container has visible pitting,
significant reduction in material thickness, metal fatigue, damaged threads or
closures, or other significant defects;
c. The container has cracks, warpage,
corrosion, or any other damage that might render it unsafe for transportation;
or
d. There is damage to the
fittings, valves, tamper-evident devices or other appurtenances that may cause
failure of the container.
2. The container does not bear the markings
required by
2VAC5-690-90 B through E, or such
markings are not legible.
3. The
container does not have an intact and functioning one-way valve or
tamper-evident device on each opening other than a vent, if required.
G. A refiller at a registrant's
establishment must clean each refillable container by conducting the pesticide
product's refilling residue removal procedure before repackaging the pesticide
product into the refillable container, unless the conditions in subdivisions 1
and either 2 or 3 of this subsection are satisfied.
1. If required, each tamper-evident device
and one-way valve is intact.
2. The
refillable container is being refilled with the same pesticide
product.
3. Both of the following
conditions are satisfied:
a. The container
previously held a pesticide product with a single active ingredient and is
being used to repackage a pesticide product with the same single active
ingredient.
b. There is no change
that would cause the composition of the product being repackaged to differ from
the composition described in its confidential statement of formula that is
required under § 3 of FIFRA ( 7 USC § 136a). Examples of unallowable
changes include the active ingredient concentration increasing or decreasing
beyond the limits established by the confidential statement of formula or a
reaction or interaction between the pesticide product being repackaged and the
residue remaining in the container.
H. As required in subsection G of this
section, a refiller at a registrant's establishment must clean each refillable
container that has a tamper-evident device that is not intact or one-way valve
that is not intact by conducting the pesticide product's refilling residue
removal procedure before repackaging the pesticide product into the refillable
container. In addition, other procedures may be necessary to assure that
product integrity is maintained in such cases.
I. Before distributing or selling a pesticide
product in a refillable container, a refiller must ensure that the label of the
pesticide product is securely attached to the refillable container such that
the label can reasonably be expected to remain affixed during the foreseeable
conditions and period of use. The label and labeling must comply in all
respects with the requirements of 40 CFR Part 156. In particular, the refiller
must ensure that the net contents statement and EPA establishment number appear
on the label.
J. Each establishment
of a registrant that repackages a pesticide product into refillable containers
for distribution or sale must maintain all of the records listed in this
section in addition to the applicable records identified in 40 CFR Part 167 and
40 CFR Part 169. The establishment must furnish these records for inspection
and copying within 72 hours of request by an employee of VDACS.
1. For each pesticide product distributed or
sold in refillable containers, both of the following records must be maintained
for the current operating year and for three years afterwards:
a. The written refilling residue removal
procedure for the pesticide product; and
b. The written description of acceptable
containers for the pesticide product.
2. Each time a refiller at a registrant's
establishment repackages a pesticide product into a refillable container and
distributes or sells the product, the following records must be generated and
maintained for at least three years after the date of repackaging:
a. The EPA registration number of the
pesticide product distributed or sold in the refillable container;
b. The date of the repackaging; and
c. The serial number or other identifying
code of the refillable container.
Statutory Authority: § 3.2-3906 of the Code of
Virginia; 40 CFR Part 165.