[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: 40CFR157.36]

[Page 85-86]
 
                   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:

[[Page 86]]

    (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).
    (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]