Final Pesticide Container and Containment Rule

On August 16, 2006, EPA promulgated the final pesticide container and containment rule (71 FR 47330).  These regulations require pesticide registrants, users, retailers, refillers, commercial applicators, and custom blenders to comply with applicable provisions of the rule.  Registrants must comply with certain labeling requirements set forth in 40 C.F.R. part 156, subpart H.  Although the final rule provides 3 years from date of promulgation to the August 17, 2009 effective date, EPA did not release a compliance guidance document (PR Notice 2007-4) until November 5, 2007.  Thus, registrants have not had the full 3 years to implement the required label changes.  Moreover, it is not clear whether the rule applies to pesticide products located in warehouses, distribution centers, and retail facilities as of the effective date, and over which a registrant may retain ownership until a final sale occurs.  Without EPA clarification on the rule’s applicability to products released for shipment prior to the effective date, potentially thousands of distributed products might have to be retrieved and relabeled.  Consequently, CPDA and several other trade associations have asked EPA to amend the final rule to resolve this and several other issues.  In response, EPA has initiated efforts to publish a technical amendment to the rule to make the following requested changes:

1. Extend the compliance date for making label changes to 3 years from the date EPA issued its implementing guidance; 
2. Clarify that any product released for shipment prior to the current 2009 compliance date is considered existing stock that is not subject to the new labeling requirements; and 
3. Exempt certain pesticide products from the non-refillable labeling requirements.

 EPA hopes to publish the proposed technical amendments for comment in the fall of 2008.