EPA Proposes to Extend Deadline for Pesticide Labeling

EPA is proposing to amend pesticide container and containment regulations to extend the labeling compliance date by one year, from August 17, 2009, to August 17, 2010. The proposal would also:

  • Change the phrase "sold or distributed" to "released for shipment" as associated with all of the compliance dates;
  • Provide for exceptions to the language requirements for some specific nonrefillable packages;
  • Allow for waivers of certain label requirements for other refillable and nonrefillable containers on a case-by-case basis; and
  • Correct typographical and other minor errors.

In addition, the agency is proposing to establish a definition of "released for shipment." After publishing the Pesticide Container and Containment Rule in 2006, EPA was contacted by stakeholders with concerns about compliance dates associated with the labeling requirements; the implications of the phrase "sold or distributed" for the handling of packaged pesticide products that may be returned unused to a registrant at the end of a use season; and the scope of pesticide products and containers for which some of the labeling statements are being required.

You may be potentially affected by this action if you are a pesticide formulator, agrichemical dealer, an independent commercial applicator, or a custom blender. Potentially affected entities may include, but are not limited to:

  • Pesticide formulators (NAICS code 32532), e.g., establishments that formulate and prepare insecticides, fungicides, herbicides or other pesticides from technical chemicals or concentrates produced by pesticide manufacturing establishments.
  • Agrichemical dealers (NAICS code 44422), e.g., retail dealers that distribute or sell pesticides to agricultural users.
  • Independent commercial applicators (NAICS code 115112), e.g., businesses that apply pesticides for compensation (by aerial and/or ground application) and that are not affiliated with agrichemical dealers.
  • Custom blenders (NAICS code 44422), most of whom are also dealers.

On August 16, 2006, EPA published a final rule titled "Pesticide Management and Disposal; Standards for Pesticide Containers and Containment" in 40 CFR part 165. The rule established regulations for the safe storage and disposal of pesticides, and included requirements for pesticide container design; procedures, standards, and label language to facilitate removal of pesticides from containers prior to their being used, recycled, or discarded; and requirements for containment of stationary pesticide containers and procedures for container refilling operations. The rule required that all pesticide products distributed or sold by a registrant as of August 17, 2009, bear labels that comply with the rule's label language requirements.

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