[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: 40CFR165.3]

[Page 189-191]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 165_PESTICIDE MANAGEMENT AND DISPOSAL--Table of Contents
 
                            Subpart A_General
 
Sec. 165.3  Definitions.

    Act means the Federal Insecticide, Fungicide, and Rodenticide Act.

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    Agricultural pesticide means any pesticide product labeled for use 
in a nursery or greenhouse or for use in the production of any 
agricultural commodity, including any plant, plant part, animal, or 
animal product produced by persons (including farmers, ranchers, 
vineyardists, plant propagators, Christmas tree growers, 
aquaculturalists, horticulturists, orchardists, foresters, or other 
comparable persons) primarily for sale, consumption, propagation or 
other use by man or animals.
    Appurtenance means any equipment or device which is used for the 
purpose of transferring a pesticide from a stationary pesticide 
container or to any refillable container, including but not limited to, 
hoses, fittings, plumbing, valves, gauges, pumps and metering devices.
    Container means any package, can, bottle, bag, barrel, drum, tank, 
or other containing-device (excluding any application tanks) used to 
enclose a pesticide. Containers that are used to sell or distribute a 
pesticide product and that also function in applying the product (such 
as spray bottles, aerosol cans and containers that become part of a 
direct injection system) are considered to be containers for the 
purposes of this part.
    Containment pad means any structure that is designed and constructed 
to intercept and contain pesticides, rinsates, and equipment wash water 
at a pesticide dispensing area.
    Containment structure means either a secondary containment unit or a 
containment pad.
    Custom blending means 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; and
    (5) 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 the mixture.
    Dry pesticide means any pesticide that is in solid form and that has 
not been combined with liquids; this includes formulations such as 
dusts, wettable powders, dry flowable powders, granules, and dry baits.
    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.
    Facility means all buildings, equipment, structures, and other 
stationary items which are located on a single site or on contiguous or 
adjacent sites and which are owned or operated by the same person (or by 
any person who controls, who is controlled by, or who is under common 
control with such person).
    Flowable concentrate means a stable suspension of active ingredients 
in a liquid intended for dilution with water before use.
    Nonrefillable container means a container that is not a refillable 
container and that is designed and constructed for one time containment 
of a pesticide for sale or distribution. Reconditioned containers are 
considered to be nonrefillable containers.
    One-way valve means a valve that is designed and constructed to 
allow virtually unrestricted flow in one direction and no flow in the 
opposite direction, thus allowing the withdrawal of material from, but 
not the introduction of material into, a container.
    Operator means any person in control of, or having responsibility 
for, the daily operation of a facility at which a containment structure 
is located.
    Owner means any person who owns a facility at which a containment 
structure is required.
    Pesticide compatible means, as applied to containers, that the 
container construction materials will not chemically

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react with the formulation. A container is not compatible with the 
formulation if, for example, the formulation:
    (1) Is corrosive to the container;
    (2) Causes softening, premature aging, or embrittlement of the 
container;
    (3) Otherwise causes the container to weaken or to create the risk 
of discharge;
    (4) Reacts in a significant chemical, electrolytic, or galvanic 
manner with the container, or
    (5) Interacts in a way, such as the active ingredient permeating the 
container wall, that would cause the formulation to differ from its 
composition as described in the statement required in connection with 
its registration under FIFRA section 3.
    Pesticide compatible means, as applied to secondary containment, 
that the containment construction materials are able to withstand 
anticipated exposure to stored or transferred materials without losing 
the capacity to provide the required secondary containment of the same 
or other materials within the containment area.
    Pesticide dispensing area means an area in which pesticide is 
transferred out of or into a container.
    Portable pesticide container means a refillable container that is 
not a stationary pesticide container.
    Pressure rinse means the flushing of the container to remove 
pesticide residue by using a pressure method with a pressure of at least 
40 PSI.
    Produce means to manufacture, prepare, propagate, compound, or 
process any pesticide, including any pesticide produced pursuant to 
section 5 of the Act, and 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).
    Refillable container means a container that is intended to be filled 
with pesticide more than once for sale or distribution.
    Refiller means a person who engages in the activity of repackaging 
pesticide product into refillable containers. This could include a 
registrant or a person operating under contract to a registrant.
    Refilling establishment means an establishment where the activity of 
repackaging pesticide product into refillable containers occurs.
    Repackage means, for the purposes of this part, to transfer a 
pesticide formulation from one container to another without a change in 
the composition of the formulation, the labeling content, or the 
product's EPA registration number, for sale or distribution.
    Rinsate means the liquid produced from the rinsing of the interior 
of any equipment or container that has come in direct contact with any 
pesticide.
    Runoff means surface water leaving the target site.
    Secondary containment unit means any structure, including rigid 
diking, that is designed and constructed to intercept and contain 
pesticide spills and leaks and to prevent runoff and leaching from 
stationary pesticide containers.
    Stationary pesticide container means a refillable container that is 
fixed at a single facility or establishment or, if not fixed, remains at 
the facility or establishment for at least 30 consecutive days, and that 
holds pesticide during the entire time.
    Tamper-evident device means a device which can be visually inspected 
to determine if a container has been opened.
    Transport vehicle means a cargo-carrying vehicle such as an 
automobile, van, tractor, truck, semitrailer, tank car or rail car used 
for the transportation of cargo by any mode.
    Triple rinse means the flushing of the container three times to 
remove pesticide residue by using a non-pressurized method.
    Washwater means the liquid produced from the rinsing of the exterior 
of any equipment or containers that have or may have come in direct 
contact with any pesticide or system maintenance compound.

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