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. A refiller of a pesticide
product that is not the registrant of the pesticide product must comply with
the standards in this section.
C. A
registrant may allow a refiller to repackage the registrant's pesticide product
into refillable containers and to distribute or sell such repackaged product
under the registrant's existing registration if all of the following conditions
are satisfied:
1. The repackaging results in
no change to the pesticide formulation.
2. One of the following conditions regarding
a registered refilling establishment is satisfied:
a. The pesticide product is repackaged at a
refilling establishment registered with EPA as required by
40 CFR
167.20.
b. The pesticide product is repackaged by a
refilling establishment registered with EPA as required by
40 CFR
167.20 at the site of a user who intends to
use or apply the product.
3. The registrant has entered into a written
contract with the refiller to repackage the pesticide product and to use the
label of the registrant's pesticide product.
4. The pesticide product is repackaged only
into refillable containers that meet the standards of Part III (2VAC5-690-70 et seq.) of this
chapter.
5. The pesticide product
is labeled with the product's label with no changes except the addition of an
appropriate net contents statement and the refiller's EPA establishment
number.
D. Repackaging a
pesticide product for distribution or sale without either obtaining a
registration or meeting all of the conditions in subsection C of this section
is a violation of § 12 of FIFRA ( 7 USC § 136j). Both the refiller
and the pesticide product's registrant may be liable for violations pertaining
to the repackaged product.
E. A
refiller is responsible for the pesticide product that the refiller 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).
F. A refiller must comply with all of the
following provisions.
1. The refiller's
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 description of acceptable containers for that pesticide
product provided by the registrant.
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 refiller's establishment before repackaging a pesticide
product into any refillable container for distribution or sale:
a. The written contract referred to in
subdivision C 3 of this section from the pesticide product's
registrant;
b. The pesticide
product's label and labeling;
c.
The registrant's written refilling residue removal procedure for the pesticide
product; and
d. The registrant's
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 H 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 G of this
section.
8. The refiller must clean
each refillable container according to subsection H or I of this section, if
required by either subsection.
9.
The refiller must ensure that each refillable container is properly labeled
according to subsection J of this section.
10. The refiller must maintain records in
accordance with subsection K of this section.
11. The refiller must maintain records as
required by 40 CFR Part 169.
12.
The refiller must report as required by 40 CFR Part 167.
13. The stationary pesticide containers at
the refiller's establishment must meet the standards in
2VAC5-690-90 G.
14. The refiller may be required to comply
with the containment standards in Part V (2VAC5-690-160 et seq.) of this
chapter.
G. Before
repackaging a pesticide product into any refillable container, a refiller 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 (2VAC5-690-70 et seq.) of this
chapter. The conditions are the following:
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.
H. A refiller 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
section 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.
I. As required in subsection H of this
section, a refiller 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.
J. 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, a refiller must ensure that the net contents
statement and EPA establishment number appear on the label.
K. A refiller 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. A refiller 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, all of the following records must be maintained
for the current operating year and for three years after that:
a. The written contract from the pesticide
product's registrant for the pesticide product;
b. The written refilling residue removal
procedure for the pesticide product; and
c. The written description of acceptable
containers for the pesticide product.
2. Each time a refiller 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.
