MABA Update: New Regulations

New Regulations for Repackaging Pesticides and Handling Minibulks

Posted: Feb 13, 2012

The Basics

All mini-bulks or tanks you fill and ship after August 16, 2011 must meet these new regulations. Anything you hship after this date, even if filled before, must meet the regulations.
Enforcement of the new regulations will start August 17. There will be no "phase-in-period."
Farmers must also comply with the new regulations. They are NOT exempt!
If you have tanks you need to get rid of, let us know. There are options.

Below is a Refillable Container and Repackaging Fact Sheet produced by MABA

New Requirements in 2011
If you repackage pesticides under contract/agreement with a registrant, you must comply with the following requirements when you repackage a pesticide (and release it for shipment) after August 16, 2011:
1. Standards for your stationary bulk tanks;
2. Standards for your portable refillable containers (i.e., minibulks, intermediate bulk containers or IBCs, refillable drums); and
3. Operational and recordkeeping requirements regarding repackaging.

1. Standards for Stationary Tanks
Stationary tanks (with a capacity of 500 gallons or more and that are at the facility of a refiller operating under contract with a registrant) must:

Be durably marked with a serial number or other identifying code;
Meet certain integrity/strength standards;
Have a vent;
Have a shut-off valve on any connection below the normal liquid level; and
Not have an external sight gauge.

2. Portable Refillable Containers

Independent refillers (that are not the registrant of the pesticide) must repackage into portable refillable containers that:
Comply with at least DOT Packing Group III standards that EPA adopted;
Are durably marked with a serial number/identifying code (except for antimicrobial pesticides for use only in swimming pools);
Have a tamper-evident device or a one-way valve or both on each opening other than a vent (except for antimicrobial pesticides for use only in swimming pools ); and
Are on the registrant’s description of acceptable containers.

3. Repackaging Requirements
The repackaging regulations include the following types of requirements. The first and third types are described in more detail below.

Conditions for repackaging under a registrant’s existing registration, which apply to registrants and independent refillers
Registrants must develop and provide certain information to each independent refiller:

Written contract;
A refilling residue removal procedure that describes how to clean the container before it is refilled, if cleaning is necessary; and
A description of acceptable containers that can be refilled with that pesticide

Requirements for independent (non-registrant) refillers

A. Conditions for Repackaging
A registrant may allow an independent refiller to repackage a pesticide under the registrant’s existing registration if:

There is no change to the pesticide formulation;
The refiller’s establishment is registered with EPA;

And the pesticide is repackaged at the establishment or at the site of an end user who intends to use/apply the pesticide

The registrant and refiller have entered into a written contract to repackage the pesticide and use the pesticide’s label;
The pesticide is repackaged only into containers that comply with the refillable container requirements; and
The pesticide is labeled, with the only changes being the net contents and the refiller's EPA establishment number.

B. Refiller Requirements
The following requirements set general requirements for the repackaging. The refiller must:

1. Register the establishment as presently required by 40 CFR 167.20;
2. Not change the formulation;
3. Repackage only into a refillable container on the registrant’s description of acceptable containers;
4. Can repackage any quantity into a refillable container and there are no container size limits in the regulations;
5. Have the following items at the facility before repackaging:

Written contract with the registrant
Pesticide label and labeling
The cleaning procedure (refilling residue removal procedure) for that pesticide from the registrant; and
The description of acceptable containers for that pesticide from the registrant.

The following requirements apply each time a container is refilled. The refiller must:
6. Identify the pesticide previously in the container (by looking at the label);
7. Visually inspect the container to ensure that it is in good shape;
8. Clean the container if necessary;

The refillable container must be cleaned between uses unless all tamper-evident devices and one-way valves are intact (if they are required) and the container is filled with the same or a very similar product; and

9. Ensure the container is properly labeled.

The following recordkeeping and reporting requirements apply to the refillers. A refiller must:

10. Maintain records of the information from the registrant (contract, cleaning procedure and description of acceptable containers);
11. Each time the container is refilled, the refiller must record the date, serial number/code of the container; and the EPA registration number of the pesticide (except for antimicrobial pesticides for use only in swimming pools); and
12. Maintain records of pesticide production and distribution as presently required by 40 CFR Part 169 and report production as presently required by 40 CFR Part 167.

You can obtain the complete rule and additional information (such as frequently asked questions) from EPA’s Container and Containment web page: http://www.epa.gov/pesticides/regulating/containers.htm