[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR167.3]

[Page 192-193]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 167--REGISTRATION OF PESTICIDE AND ACTIVE INGREDIENT PRODUCING ESTABLISHMENTS, SUBMISSION OF PESTICIDE REPORTS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 167.3  Definitions.


    Terms used in this part shall have the meanings set forth for such 
terms in the Federal Insecticide, Fungicide, and Rodenticide Act. In 
addition, when used in this part, the following terms shall have the 
meanings stated below:
    Act means the Federal Insecticide, Fungicide, and Rodenticide Act, 
as amended, 7 U.S.C. 136 et seq.
    Amount of pesticidal product means quantity, expressed in weight or 
volume of the product, and is to be reported in pounds for solid or 
semi-solid pesticides and active ingredients or gallons for liquid 
pesticides and active ingredients, or number of individual retail units 
for devices.
    Current production [sales or distribution] means amount of planned 
production in the calendar year in which the pesticides report is 
submitted, including new pesticidal products not previously sold or 
distributed.
    Custom blender means any establishment which provides the service of 
mixing pesticides to a customer's specifications, usually a 
pesticide(s)-fertilizer(s), pesticide-pesticide, or a pesticide-animal 
feed mixture, when: (1) The blend is prepared to the order of the 
customer and is not held in inventory by the blender; (2) the blend is 
to be used on the customer's property (including leased or rented 
property); (3) the pesticide(s) used in the blend bears end-use labeling 
directions which do not prohibit use of the product in such a blend; (4) 
the blend is prepared from registered pesticides; (b) the blend is 
delivered to the end-user along with a copy of the end-use labeling of 
each pesticide used in the blend and a statement specifying the 
composition of mixture; and (6) no other pesticide production activity 
is performed at the establishment.
    Device means any device or class of devices as defined by the Act 
and determined by the Administrator pursuant to section 25(c) to be 
subject to the provisions of section 7 of the Act.
    Establishment means any site where a pesticidal product, active 
ingredient, or device is produced, regardless of whether such site is 
independently owned or operated, and regardless of whether such site is 
domestic and producing a pesticidal product for export only, or whether 
the site is foreign and producing any pesticidal product for import into 
the United States.
    Past year means the calendar year immediately prior to that in which 
the report is submitted.
    Pesticidal product means a pesticide, active ingredient, or device.
    Pesticidal product report means information showing the types and 
amounts of pesticidal products which were: (1) Produced in the past 
calendar year; (2) produced in the current calendar year; and, (3) sold 
or distributed in the past calendar year. For active ingredients, the 
pesticidal product report must include information on the types and 
amounts of an active ingredient for which there is actual or 
constructive knowledge of its use or intended use as a pesticide. This 
pesticidal product report also pertains to those products produced for 
export only which must also be reported. A positive or a negative annual 
report is required in order to maintain registration for the 
establishment.
    Produce means to manufacture, prepare, propagate, compound, or 
process any pesticide, including any pesticide produced pursuant to 
section 5 of the

[[Page 193]]

Act, any active ingredient or device, or to package, repackage, label, 
relabel, or otherwise change the container of any pesticide or device.
    Producer means any person, as defined by the Act, who produces any 
pesticide, active ingredient, or device (including packaging, 
repackaging, labeling and relabeling).
    Sold or distributed means the aggregate amount of a pesticidal 
product released for shipment by the establishment in which the 
pesticidal product was produced.
    Type of pesticidal product refers to each individual product as 
identified by: the product name; EPA Registration Number (or EPA File 
Symbol, if any, for planned products, or Experimental Permit Number, if 
the pesticide is produced under an Experimental Use Permit); active 
ingredients; production type (technical, formulation, repackaging, 
etc.); and, market for which the product was produced (domestic, 
foreign, etc.). In cases where a pesticide is not registered, 
registration is not applied for, or the pesticide is not produced under 
an Experimental Use Permit, the term shall also include the chemical 
formulation.