[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: 40CFR169.2]



[Page 203-205]

 

                   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



[[Page 204]]



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., 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



[[Page 205]]



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 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]