[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: 40CFR167.3]



[Page 190-191]

 

                   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.









                      Subpart A_General Provisions



Sec.

167.3 Definitions.



                   Subpart B_Registration Requirements



167.20 Establishments requiring registration.



Subparts C-D [Reserved]



           Subpart E_Recordkeeping and Reporting Requirements



167.85 Reporting requirements.

167.90 Where to obtain and submit forms.



    Authority: 7 U.S.C. 136 (e) and (w).



    Source: 53 FR 35058, Sept. 8, 1988; 54 FR 32638, Aug. 9, 1989, 

unless otherwise noted.







    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



[[Page 191]]



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 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.