[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: 40CFR165.67]

[Page 205-206]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 165_PESTICIDE MANAGEMENT AND DISPOSAL--Table of Contents
 
 Subpart D_Standards for Repackaging Pesticide Products into Refillable 
 
Sec. 165.67  Registrants who distribute or sell pesticide products to 

refillers for repackaging.

    (a) Must I comply with the standards in this section? You must 
comply with the standards in this section if you are a registrant who 
distributes or sells pesticide products to a refiller that is not part 
of your company for repackaging into refillable containers.
    (b) Under what conditions can I allow a refiller to repackage my 
pesticide product into refillable containers? You may allow a refiller 
to repackage your pesticide product into refillable containers and to 
distribute or sell such repackaged product under your existing 
registration if all of the following conditions are satisfied:
    (1) The repackaging results in no change to the pesticide 
formulation.
    (2) One of the following conditions regarding a registered refilling 
establishment is satisfied:
    (i) The pesticide product is repackaged at a refilling establishment 
registered with EPA as required by Sec. 167.20 of this chapter.
    (ii) The pesticide product is repackaged at the site of a user who 
intends to use or apply the product by a refilling establishment 
registered with EPA as required by Sec. 167.20 of this chapter.
    (3) You have entered into a written contract with the refiller to 
repackage the pesticide product and to use the label of your pesticide 
product.
    (4) The pesticide product is repackaged only into refillable 
containers that meet the standards of subpart C of this part.
    (5) The pesticide product is labeled with the product's label with 
no changes except the addition of an appropriate net contents statement 
and the refiller's EPA establishment number.
    (c) What violations are applicable to illegal repackaging? 
Repackaging a pesticide product for distribution or sale without either 
obtaining a registration or meeting all of the conditions in paragraph 
(b) of this section is a violation of section 12 of the Act. Both you 
and the refiller that is repackaging your pesticide product under 
written contract with you may be liable for violations pertaining to the 
repackaged product.
    (d) When must I provide the written contract to the refiller? If you 
allow a refiller to repackage your product as specified in paragraph (b) 
of this section you must provide the written contract to the refiller 
before you distribute or sell the pesticide product to the refiller.

[[Page 206]]

    (e) Am I responsible for product integrity? Yes, for a product that 
you distribute or sell to a refiller that is not part of your company 
for repackaging into refillable containers, you are responsible for the 
pesticide product not being adulterated or different from the 
composition described in its confidential statement of formula that is 
required under FIFRA section 3.
    (f) What information must I develop? For each pesticide product 
distributed or sold in refillable containers, you must develop both of 
the following documents in writing.
    (1) You must develop a refilling residue removal procedure that 
describes how to remove pesticide residue from a refillable container 
(portable or stationary pesticide container) before it is refilled.
    (i) The refilling residue removal procedure must be adequate to 
ensure that the composition of the pesticide product does not differ at 
the time of its distribution or sale from the composition described in 
its confidential statement of formula that is required under FIFRA 
section 3.
    (ii) If the refilling residue removal procedure requires the use of 
a solvent other than the diluent used for applying the pesticide as 
specified on the labeling under ``Directions for Use,'' or if there is 
no diluent used for application, the refilling residue removal procedure 
must describe how to manage any rinsate resulting from the procedure in 
accordance with applicable Federal and State regulations.
    (2) You must develop a description of acceptable refillable 
containers (portable or stationary pesticide containers) that can be 
used for distributing or selling that pesticide product.
    (i) An acceptable container is one that you have determined meets 
the standards in subpart C of this part and is compatible with the 
pesticide formulation intended to be distributed and sold using the 
refillable container.
    (ii) You must identify the containers by specifying the container 
materials of construction that are compatible with the pesticide 
formulation and specifying information necessary to confirm compliance 
with the refillable container requirements in subpart C of this part.
    (g) When must I provide the information to the refiller? You must 
provide the refiller with all of the following information and 
documentation before or at the time of distribution or sale of your 
pesticide product to the refiller:
    (1) Your written refilling residue removal procedure for the 
pesticide product.
    (2) Your written description of acceptable containers for the 
pesticide product.
    (3) The pesticide product's label and labeling.
    (h) What recordkeeping must I do? You must maintain all of the 
records listed in this section for the current operating year and for 3 
years after that. You must furnish these records for inspection and 
copying upon request by an employee of EPA or any entity designated by 
EPA, such as a State, another political subdivision or a Tribe:
    (1) Each written contract entered into with a refiller for 
repackaging your pesticide product into refillable containers.
    (2) Your written refilling residue removal procedure for the 
pesticide product.
    (3) Your written description of acceptable containers for the 
pesticide product.