[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR156.140]

[Page 71-72]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 156_LABELING REQUIREMENTS FOR PESTICIDES AND DEVICES--Table of Contents
 
                      Subpart H_Container Labeling
 
Sec. 156.140  Identification of container types.

    Source: 71 FR 47420, Aug. 16, 2006, unless otherwise noted.


    For products other than plant-incorporated protectants, the 
following statements, as applicable, must be placed on the label or 
container. The information may be located on any part of the container 
except the closure. If the statements are placed on the container, they 
must be durably marked on the container. Durable marking includes, but 
is not limited to etching, embossing, ink jetting, stamping, heat 
stamping, mechanically attaching a plate, molding, or marking with 
durable ink.
    (a) Nonrefillable container. For nonrefillable containers, the 
statements in paragraphs (a)(1) through (a)(4) of this section are 
required. If placed on the label, the statements in paragraphs (a)(1) 
through (a)(3) of this section must be under an appropriate heading 
under the heading ``Storage and Disposal.'' If any of the statements in 
paragraphs (a)(1) through (a)(3) of this section are placed on the 
container, an appropriate referral statement such as ``See container for 
recycling [or other descriptive word] information.'' must be placed on 
the label under the heading ``Storage and Disposal.''
    (1) Statement identifying a nonrefillable container. The following 
phrase is required: ``Nonrefillable container.''
    (2) Reuse statement. One of the following statements is required. 
Products with labels that allow household/residential use must use the 
statement in paragraph (a)(2)(i) or (a)(2)(iii) of this section. All 
other products must use the statement in paragraph

[[Page 72]]

(a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this section.
    (i) ``Do not reuse or refill this container.''
    (ii) ``Do not reuse this container to hold materials other than 
pesticides or dilute pesticides (rinsate). After emptying and cleaning, 
it may be allowable to temporarily hold rinsate or other pesticide-
related materials in the container. Contact your state regulatory agency 
to determine allowable practices in your state.''
    (iii) The following statement may be used if a product is ``ready-
to-use'' and its directions for use allow a different product (that is a 
similar, but concentrated formulation) to be poured into the container 
and diluted by the end user: ``Do not reuse or refill this container 
unless the directions for use allow a different (concentrated) product 
to be diluted in the container.''
    (3) Recycling or reconditioning statement. One of the following 
statements is required:
    (i) ``Offer for recycling if available.''
    (ii) ``Once cleaned, some agricultural plastic pesticide containers 
can be taken to a container collection site or picked up for recycling. 
To find the nearest site, contact your chemical dealer or manufacturer 
or contact [a pesticide container recycling organization] at [phone 
number] or [web site]. For example, this statement could be ``Once 
cleaned, some agricultural plastic pesticide containers can be taken to 
a container collection site or picked up for recycling. To find the 
nearest site, contact your chemical dealer or manufacturer or contact 
the Ag Container Recycling Council (ACRC) at 1-877-952-2272 (toll-free) 
or www.acrecycle.org.''
    (iii) A recycling statement approved by EPA and published in an EPA 
document, such as a Pesticide Registration Notice.
    (iv) An alternative recycling statement that has been reviewed and 
approved by EPA.
    (v) ``Offer for reconditioning if appropriate.''
    (4) Batch code. A lot number, or other code used by the registrant 
or producer to identify the batch of the pesticide product which is 
distributed and sold is required.
    (b) Refillable container. For refillable containers, one of the 
following statements is required. If placed on the label, it must be 
under the heading ``Storage and Disposal.'' If the statement is placed 
on the container, an appropriate referral statement, such as ``Refilling 
limitations are on the container.'' must be placed under the heading 
``Storage and Disposal.''
    (1) ``Refillable Container. Refill this container with pesticide 
only. Do not reuse this container for any other purpose.''
    (2) ``Refillable Container. Refill this container with [common 
chemical name] only. Do not reuse this container for any other 
purpose.''