[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: 40CFR169.2]

[Page 205-207]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 169--BOOKS AND RECORDS OF PESTICIDE PRODUCTION AND DISTRIBUTION--Table of Contents
 
Sec. 169.2  Maintenance of records.

    All producers of pesticides, devices, or active ingredients used in 
producing pesticides subject to this Act, including pesticides produced 
pursuant to an experimental use permit and pesticides, devices, and 
pesticide active ingredients produced for export, shall maintain the 
following records:
    (a) Records showing the product name, EPA Registration Number, 
Experimental Permit Number if the pesticide is produced under an 
Experimental Use Permit, amounts per batch and batch identification 
(numbers, letters, etc.) of all pesticides produced. In cases where the 
product is an active ingredient used in producing a pesticide or where 
the product is a pesticide which is not registered, is not the subject 
of an application for registration, or is not produced under an 
Experimental Use Permit, the records shall also show the complete 
formula. The batch identification shall appear on all production control 
records. These records shall be retained for a period of two (2) years.
    (b) Records showing the brand names and quantities of devices 
produced. These records shall be retained for a period of two (2) years.
    (c) Records showing the following information regarding the receipt, 
by the producer, of all pesticides, devices, and active ingredients used 
in producing pesticides:
    (1) Brand name of the pesticide or device, or common or chemical 
name of the pesticide active ingredient;
    (2) Name and address of shipper;
    (3) Name of delivering carrier;
    (4) Date received; and
    (5) Quantities received.

These records are not intended to cover receipt of pesticides used for 
in-plant maintenance, extermination, or sanitation programs, etc. 
Shipping and receiving documents such as invoices, freight bills, 
receiving tickets, etc.,

[[Page 206]]

which provide the required information will be considered satisfactory 
for the purposes of this section. These records shall be retained for a 
period of two (2) years.
    (d) Records showing the following information regarding the shipment 
of all pesticides, devices, and active ingredients used in producing 
pesticides:
    (1) Brand name of pesticide or device, or the common or chemical 
name of the pesticide active ingredient;
    (2) Name and address of consignee;
    (3) Where the pesticide is produced pursuant to an experimental use 
permit (FIFRA section 5), a special exemption (section 18), or a special 
local need (section 24), the information required under these sections 
and any regulations promulgated thereto regarding the distribution of 
such pesticides;
    (4) Name of originating carrier;
    (5) Date shipped or delivered for shipment; and
    (6) Quantities shipped or delivered for shipment.

Such records are required regardless of whether any shipment or receipt 
of shipment is between plants owned or otherwise controlled by the same 
person. Shipping and receiving documents such as invoices, freight 
bills, receiving tickets, etc., which provide the required information 
will be considered satisfactory for purposes of this section. These 
records shall be retained for a period of two (2) years.
    (e) Inventory records with respect to the types and amounts of 
pesticides or pesticide active ingredients, or quantities of devices in 
stock which he has produced. These records may be disposed of when a 
more current inventory record is prepared.
    (f) Copies of all domestic advertising of the restricted uses of any 
pesticide registered for restricted use which the producer caused to 
have prepared, including any radio or television scripts for all such 
pesticides. These records shall be retained for a period of two (2) 
years.
    (g) Copies of all guarantees given pursuant to section 12(a)(2)(C) 
of the Act. These records shall be retained for a period of one (1) year 
after expiration of the guarantee.
    (h) In the case of all pesticides, devices, and active ingredients 
used in producing pesticides intended solely for export to any foreign 
country:
    (1) Copies of the specification or directions of the foreign 
purchaser for the production of such pesticides, devices, or pesticide 
active ingredients;
    (2) Copies of labels or labeling required to comply with section 
17(a)(1) of the Act; and
    (3) For any pesticide other than a pesticide registered under 
section 3 or sold under section 6(a)(1) of the Act, copies of a 
statement signed by the foreign purchaser of the pesticide acknowledging 
that the purchaser understands that such pesticide is not registered for 
use in the United States and cannot be sold in the United States under 
this Act.

These records shall be retained for a period of 2 years after expiration 
of the contract.
    (i) Records on the method of disposal (burial, incineration, etc.) 
date or dates of disposal, location of the disposal sites, and the types 
and amounts of pesticides or pesticide active ingredients disposed of by 
the producer or his contractor. With regard to the disposal of 
containers accumulated during production, the Agency will consider 
satisfactory a statement, attested to by a responsible firm official, 
describing in general terms the method and location of disposal, e.g., 
all containers are taken periodically to a certain site. Records of 
deviations from normal practice must be maintained. In addition, any 
records on the disposal of pesticides or pesticide active ingredients 
and/or containers specified pursuant to section 19 of the Act and any 
regulations promulgated thereto shall also be maintained. The above 
requirements apply to those products bearing label instructions for 
disposal and to any other products specified under any regulations 
promulgated pursuant to section 19. These records shall be retained for 
twenty (20) years or may be forwarded after three (3) years to the 
Environmental Protection Agency Regional Administrator for maintenance. 
Notwithstanding these record keeping requirements, whenever any producer

[[Page 207]]

of pesticides or pesticide active ingredients is complying with a rule 
promulgated under the authority of the Resource Conservation and 
Recovery Act of 1976 (RCRA) (Pub. L. 94-580, 90 Stat. 2795, October 21, 
1976), for the handling or disposal of hazardous wastes, as defined by 
RCRA or any regulations promulgated thereunder, such producer will no 
longer be required to maintain records in accordance with this 
subsection.
    (j) Records of any tests conducted on human beings whether performed 
by the producer himself or authorized and/or paid for by the producer. 
Such records shall include: The names and addresses of subjects tested, 
dates of tests, types of tests, written consent of subjects to test, and 
all information and instructions given to the subjects regarding the 
nature and purpose of the tests and of any physical and mental health 
consequences which were reasonably foreseen therefrom, and any adverse 
effects of the test on the subjects, including any such effects coming 
to the attention of the producer after completion of the tests. These 
records shall be retained for twenty (20) years or may be forwarded 
after three (3) years to the Environmental Protection Agency Regional 
Administrator for maintenance.
    (k) Records containing research data relating to registered 
pesticides including all test reports submitted to the Agency in support 
of registration or in support of a tolerance petition, all underlying 
raw data, and interpretations and evaluations thereof, whether in the 
possession of the producer or in the possession of the independent 
testing facility or laboratory (if any) which performed such tests on 
behalf of the producer. These records shall be retained as long as the 
registration is valid and the producer is in business.

[45 FR 54338, Aug. 15, 1980, as amended at 58 FR 9090, Feb. 18, 1993]