[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR157.24]



[Page 75-76]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 157_PACKAGING REQUIREMENTS FOR PESTICIDES AND DEVICES--Table of 

Contents

 

                   Subpart B_Child-Resistant Packaging

 

Sec.  157.24  Exemptions.



    (a) General exemptions. The Agency hereby exempts from the 

requirement for child-resistant packaging the following classes of 

products:

    (1) Products classified for restricted use. (i) A product restricted 

to use by or under the supervision of a certified applicator is not 

required to be distributed and sold in child-resistant packaging.

    (ii) Notwithstanding the exemption in paragraph (a)(1)(i) of this 

section, the Agency may require the use of child-resistant packaging for 

a product classified for restricted use by or under the direct 

supervision of a certified applicator if the Agency determines that the 

product poses a risk of serious accidental injury or illness which 

child-resistant packaging could reduce. If the Agency makes such a 

determination, it will notify the registrant in writing and provide a 

short statement of the basis of its determination. The registrant will 

then have 30 days to request a hearing on the Agency's determination. 

Thereafter the Agency will decide whether to require the product to be 

distributed only in child-resistant packaging and will notify the 

registrant of its decision.

    (2) Products packaged in large sizes. (i) Except as provided by 

paragraph (a)(2)(ii) of this section, a product is not required to be in 

child-resistant packaging if distributed and sold in the following 

sizes:

    (A) If the product is a solid product, regardless of pesticide type, 

a size of 50 pounds or greater;

    (B) If the product is a liquid product intended for use in swimming 

pools, a size greater than 7.5 gallons by volume;

    (C) If the product is a liquid product intended for any other 

pesticide use, a size of 5 gallons or greater by volume;

    (D) If the product is packaged as an aerosol (measured by weight), 

regardless of pesticide type, a weight of 2 pounds or greater.

    (ii) The Agency may require that a product packaged in a size 

exceeding that listed in paragraphs (a)(2)(i) (A) through (D) of this 

section be distributed and sold only in child-resistant packaging if the 

Agency determines that the product is, or is intended to be, distributed 

or sold to homeowners or other members of the general public. If the 

Agency makes such a determination, it will notify the registrant in 

writing and provide a short statement of the basis of its determination. 

The registrant will then have 30 days to request a hearing on the 

Agency's determination. Thereafter the Agency will decide whether to 

require the product to be distributed only in child-resistant packaging 

and will notify the registrant of its decision.

    (b) Exemptions requiring Agency approval. The Agency may, in 

accordance with paragraphs (b) (1) through (3) of this section, grant an 

exemption from the requirements of this subpart. An exemption may be 

withdrawn in accordance with paragraph (b)(4) of this section.

    (1) Requesting an exemption. A request for an exemption must be 

submitted to the Agency, and must be accompanied by two copies of the 

following information:

    (i) The name, address, and telephone number of the requester;

    (ii) The name and registration number (or file symbol) of the 

product(s) for which the exemption is requested;

    (iii) A description of the package and the size(s) for which the 

exemption is requested; and

    (iv) Documentation supporting the request for exemption, including 

the length of time for which the exemption is requested.

    (2) Exemption based upon lack of toxicity. The Agency may grant an 

exemption from the requirements of this subpart if the registrant or 

applicant demonstrates to the Agency's satisfaction that the hazards 

indicated by the toxicity criteria in Sec.  157.22(a) are not indicative 

of the hazards to man. If granted, an exemption shall apply to other 

products of substantially similar composition. A notice will be issued 

in the Federal Register stating the nature of and reasons for the 

exemption.



[[Page 76]]



    (3) Exemption based upon technical factors. The Agency may grant an 

exemption from the requirements of this subpart based upon technical 

considerations. If granted, the exemption will be for a specified length 

of time, and will apply to other products of substantially similar 

composition and intended uses. A notice of the granting of an exemption 

will be issued in the Federal Register. In considering whether to grant 

an exemption, the Agency will consider, among other things, the 

following:

    (i) Whether the toxicity of the product is such that it should not 

be allowed to be distributed or sold except in child-resistant 

packaging.

    (ii) Whether child-resistant packaging is technically feasible, 

practicable, or appropriate. An exemption may be granted if the Agency 

determines that any one of these criteria has not been met.

    (iii) Whether the composition or use pattern of the product 

necessitates a particular form of packaging for proper use.

    (iv) Whether child-resistant packaging that is technically feasible, 

practicable, and appropriate is available for the product or can 

reasonably be made available to the registrant in sufficient quantities 

to meet his packaging needs. This determination does not include a 

consideration of whether the packaging would be adaptable to a 

registrant's existing package type or packaging equipment.

    (v) Whether the registrant has made a timely and good faith effort 

to obtain child-resistant packaging for the product.

    (vi) If child-resistant packaging which is technically feasible, 

practicable, and appropriate is not yet available, when such packaging 

is likely to be available.

    (4) An exemption may be withdrawn by the Agency at any time if the 

lack of child-resistant packaging results in serious illnesses or 

injuries to children. If the Agency determines that an exemption should 

be withdrawn, it will notify the registrant, stating the basis for its 

determination. The registrant will then have 30 days to request a 

hearing on the Agency's determination. Thereafter the Agency will decide 

whether to withdraw the exemption, and will notify the registrant of its 

decision.