[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: 40CFR157.36]



[Page 77-78]

 

                   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.  157.36  Recordkeeping.



    For as long as the registration of a pesticide product required to 

be in child-resistant packaging is in effect, the registrant must retain 

the records listed in this section. The registrant must, upon request by 

the Agency, make them available to Agency representatives for inspection 

and copying, or must submit them to the Agency.

    (a) A description of the package, including a description of:

    (1) The container and its dimensions and composition.

    (2) The closure or child-resistant mechanism, including the name of 

its manufacturer and the manufacturer's designation for the closure or 

the physical working of the child-resistant packaging mechanism.

    (b) A copy of the certification statement required by Sec.  157.34.

    (c) One of the following types of records verifying that each 

package for the product is child-resistant:

    (1) Test data on the package based on the Consumer Product Safety 

Commission protocol in 16 CFR 1700.20.

    (2) Test data, not conforming to the protocol in 16 CFR 1700.20, or 

a set of measurements on the package, together with an explanation as to 

why such data or measurements demonstrate that the package is child-

resistant.

    (3) Test data, whether or not conforming to the protocol in 16 CFR 

1700.20, on a different package, together with an explanation of why 

such data demonstrate that the package being used is child-resistant.

    (4) Written evidence that verifies that testing on the package has 

been conducted according to the protocol in 16 CFR 1700.20. Written 

evidence may be one of the following:

    (i) A letter or literature from the packaging supplier;

    (ii) A letter from the facility that conducted the testing; or

    (iii) A specification in the contract between the registrant or 

applicant and the packaging supplier;

    (5) When the container and closure are purchased separately by the 

registrant:

    (i) Information of the kinds described in paragraphs (c) (1) through 

(4) of this section showing that the closure is child-resistant; and

    (ii) A written explanation of why the container is child-resistant; 

and

    (iii) Information showing that the closure and container are 

compatible with each other, and a written explanation of why the 

resulting package is child-resistant.

    (6) A combination of the records listed in paragraphs (c) (1) 

through (5).



[[Page 78]]



    (d) Records verifying that the package meets the compatibility and 

durability standards of Sec.  157.32(b) and (c).



[51 FR 21286, June 11, 1986 and 51 FR 36692, Oct. 15, 1986, as amended 

at 65 FR 39304, June 26, 2000]