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Frequently Asked Questions on the Container and Containment Labeling Requirements

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This web page contains answers to questions that the Agency has received from stakeholders on the container and containment labeling requirements and Pesticide Registration Notice 2007-4 (Labeling Revisions Required by the Final Rule "Pesticide Management and Disposal; Standards for Pesticide Containers and Containment.) The answers reflect the container and containment regulations as published in 2006 and amended in 2008.

Questions on this page involve:

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Scope of products that must comply

  1. Do technical products or manufacturing use products (MUPs) have to comply with the container and containment labeling requirements? Aren’t technical products exempt from the container and containment rule?
    2. Yes, technical products and MUPs have to comply with the container and containment labeling requirements. Technical products and MUPs are exempt from the container and containment regulations in 40 CFR part 165, but not from the labeling requirements in 40 CFR part 156 subpart H.
  2. Do antimicrobial products have to comply with the container and containment labeling requirements? Aren’t antimicrobials exempt from the container and containment rule?
    3. Yes, antimicrobial products have to comply with the container and containment labeling requirements. Some antimicrobials are exempt from some portions of the container and containment regulations in 40 CFR part 165, but not from the labeling requirements in 40 CFR part 156 subpart H.
  3. As plant-protection products, do plant-growth regulators have to comply with the container and containment labeling requirements in the container and containment rule?
    4. Yes, plant growth regulators have to comply with the container and containment labeling requirements. These are not the plant-incorporated protectants specifically mentioned as exempt in 40 CFR § 156.140.

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Scope of containers that must comply


  1. Do the labels of products packaged in aerosol cans & other inherently nonrefillable containers still have to say “Nonrefillable container. Do not reuse or refill this container.”?
    2. No. The 2008 amendments to the container and containment regulations exempt certain container types, including aerosol cans, from the identification of container type and reuse statements in 40 CFR §§ 156.140(a)(1) and (a)(2). The container types that are exempt from these statements are listed in 40 CFR § 156.140(a)(5).

    The labels of containers listed in §156.140(a)(5) are not exempt, however, from the recycle/recondition statement or batch code requirement in 40 CFR § 156.140(a)(3) and (a)(4). Additionally, the labels of these containers are not exempt from the requirement to have residue removal instructions (40 CFR § 156.146) unless the product is exempted by 40 CFR §156.144; that is, unless the product is for household/residential use, a pesticidal article, a gas or distributed or sold only in a transport vehicle. However, registrants may request a modification to or exemption from the requirements for a recycle/recondition statement, batch code or residue removal instructions (40 CFR §§ 156.140(c) and 156.144(d)).
  2. Do tank cars, International Standards Organization (ISO) tanks, and compressed gas cylinders have to bear any of the statements required by the container and containment labeling requirements? (Note: the question is answered separately, below, for tank cars [5(A)], ISO tanks [5(B)], and compressed gas cylinders [5(C)].


    1. Do tank cars have to bear any of the statements required by the container and containment labeling requirements, specifically the refillable container type statement or residue removal language for cleaning the containers prior to final disposal?
      2. No. The 2008 amendments exempt transport vehicles, such as tank cars, from the requirements to have a container type statement and instructions for residue removal prior to final disposal. Therefore, the labels of pesticide products that are distributed or sold only in transport vehicles are not required to have the “refillable container” statement in 40 CFR § 156.140(b) or the refillable container residue removal statement required by 40 CFR § 156.156. An example of this situation is when a registrant delivers a pesticide product directly to an end user’s bulk tank from a transport vehicle. Further, pesticide products that are distributed or sold in transport vehicles and are subsequently packaged into other containers for further distribution or sale would have to bear the container-related label statements that are required for the containers in which they are ultimately distributed or sold. An example of this situation is when a registrant delivers a pesticide product to a refiller's bulk tank from a transport vehicle and the refiller repackages the product into minibulks for distribution or sale to end users. In this case, the label would have to bear the “refillable container” statement in 40 CFR § 156.140(b) and a refillable container residue removal statement required by 40 CFR § 156.156 for the minibulk containers.
    2. Do the labels on International Standards Organization (ISO) tanks have to bear any of the statements required by the container and containment labeling requirements, specifically the refillable container type statement or residue removal language for cleaning the containers prior to final disposal?
      3. Yes. While ISO tanks are used in the transportation of materials, they are not vehicles and therefore do not meet EPA’s definition of transport vehicle in 40 CFR §§ 156.3 and 165.3, which is “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.” The Agency understands ISO tanks to be considered refillable containers, as defined in 40 CFR § 165.3. Therefore, the labels on ISO tanks would have to include a refillable container type statement from 40 CFR 156.140(b), such as “Refillable Container. Refill this container with [common chemical name] only. Do not reuse this container for any other purpose.” and residue removal instructions for cleaning the container prior to final disposal as required by 40 CFR § 156.156. However, registrants may request a modification to or exemption from both of these requirements (40 CFR §§ 156.140(c) and 156.144(d)).
    3. Do the labels of compressed gas cylinders have to bear any of the statements required by the container and containment labeling requirements, specifically the refillable container type statement or residue removal language for cleaning the containers prior to final disposal?
      4. Yes. The labels of compressed gas cylinders must bear a “container type” statement required by § 156.140 but are not required to bear residue removal instructions. The 2008 amendments exempt products that are gaseous at atmospheric temperature and pressure from the residue removal requirements for both nonrefillable containers and refillable containers (40 CFR §156.144(e)). Compressed gas cylinders that are refillable containers (defined in 40 CFR § 165.3) must include on the label a refillable container type statement from 40 CFR 156.140(b), such as “Refillable Container. Refill this container with [common chemical name] only. Do not reuse this container for any other purpose.” However, registrants may request a modification to or exemption from this requirement (40 CFR §§ 156.140(c)).
  3. Are fiber drums with plastic bag liners considered “rigid”?
    4. No. For the purposes of the container and containment regulations, fiber drums with plastic bag liners are not "rigid" containers because the immediate container that the pesticide itself is in contact with is the flexible bag liner. Therefore, these types of containers containing a solid dilutable pesticide would not need to bear the triple rinse statements from 40 CFR § 156.146, provided that they are not refillable containers, as defined in 40 CFR § 165.3.

    However, please note that if these containers are intended to be refilled for sale or distribution, then they would need to bear residue removal language appropriate for refillable containers, per 40 CFR § 156.156. Existing container disposal statements from PR Notice 83-3 likely would fulfill this requirement.

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Definitions


  1. What does “rigid” mean?
    2. By rigid containers, EPA means containers that have definite retained shape and form and that are self-supporting. Examples of rigid containers are plastic jugs and metal containers. A more detailed description of rigid container can be found in EPA's response to comments document for the 2006 final rule, which is in the docket for the pesticide container and containment rule. (Go to http://www.regulations.gov, docket identification number EPA-HQ-OPP-2005-0327, document EPA-HQ-OPP-2005-0327-0021, pages 100-101.)
  2. What does “dilutable” mean?
    3. Dilutable means that the pesticide product’s labeling allows or requires the pesticide product to be mixed with a liquid diluent prior to application or use. This definition appears in 40 CFR §§ 156.3 and 165.3, as well as in the nonrefillable container residue removal standard in 40 CFR § 165.25(f)(1).
  3. What does “refillable” mean?
    4. “Refillable container” means a container that is intended to be filled with pesticide more than once for sale or distribution. The registrant determines whether a container is intended to be refilled for sale or distribution (in which case it is a refillable container) or if it is not intended to be refilled for sale or distribution (in which case it is a nonrefillable container) and implements its decision by labeling the container appropriately. This decision also would impact packaging design, packaging material, and distribution and marketing plans.
  4. What about household products with instructions for refilling, such as spray bottles? Are these considered refillable containers?
    5. No. Since these products are intended to be filled with pesticide more than once for use, but not for sale or distribution, these are not subject to the refillable container requirements of the container and containment regulations. For these types of products, the Agency provided alternate language about reuse in 40 CFR § 156.140(a)(2)(iii). If this alternate language is not appropriate for the product, the registrant can suggest modifications to the reuse statements or request an exemption from the reuse statement according to 40 CFR § 156.140(c).
  5. What does “suspension concentrate” mean?
    6. Suspension concentrate is defined in 40 CFR § 165.3 as a stable suspension of solid particulate active ingredients in a liquid intended for dilution with water before use. In the original 2006 rule, EPA had used the term “flowable concentrate”, with much the same definition. In the 2008 amendments, the Agency replaced the term “flowable concentrate” with “suspension concentrate” because it more accurately describes the formulation type intended. Suspension concentrate is defined in 40 CFR § 165.3 as a stable suspension of solid particulate active ingredients in a liquid intended for dilution with water before use.

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Language requirements


  1. How should a product that is packaged in multiple container types and/or sizes comply with the container and containment labeling requirements in 40 CFR § 156.140 - § 156.159 and described in PR Notice 2007-4 (16 pp, 163k, About PDF)?
    2. Each pesticide product must bear storage and disposal statements appropriate for its container. The registrant may submit separate labels for each container type and/or size, or may submit a single label with alternative storage and disposal statements. A label submitted for EPA review that bears alternative statements must indicate the circumstances in which each statement would appear on a final container label. For example, a registrant could provide that circumstance information in italics or brackets. The proposed labels will be reviewed by the appropriate Product Manager or the Notification Team and approved if acceptable.
  2. How should a product that has both residential uses and non-residential uses be handled?
    3. For products with both household and non-household uses, the registrant must include both sets of storage and disposal statements on the label submitted to the Agency for approval. The registrant should indicate on the submitted label the circumstances in which each statement would appear on a final, printed label.
  3. If registrants choose the phrase "Clean container promptly after emptying" from 40 CFR § 156.146(a)(1), are triple rinse instructions still required?
    4. Yes, per the requirements in § 156.146(b) and as described in 40 CFR § 156.146(a).
  4. Does the label language required by the container and containment regulations and repeated in PR Notice 2007-4 (16 pp, 163k, About PDF) replace the "pesticide storage" and "pesticide disposal" language in the "Storage and Disposal" section of a pesticide label?
    5. No. The language required by the container and containment regulations, while part of the storage and disposal section, is “container disposal” (or container management) language and independent of the “pesticide storage” and “pesticide disposal” language. Labels must address both issues.
  5. Does the label language required by the container and containment regulations and repeated in PR Notice 2007-4 (16 pp, 163k, About PDF) replace the existing “container disposal” language?
    6. Generally, no. The language required by the container and containment regulations adds to the statements currently on the pesticide label. However, in many cases, it would make sense to work the required language into the existing container disposal section. For example, “Triple rinse (or equivalent).” may appear on many product labels. This can easily be incorporated into one of the statements required by 40 CFR § 156.146(a), such as “Triple rinse container (or equivalent) promptly after emptying.”

    In addition, please note that Chapter 13 of the Label Review Manual provides additional recommendations on how to incorporate the required language into existing storage and disposal statements. The version of the Storage and Disposal Chapter (Chapter 13) to the Label Review Manual posted in October 2008 on www.epa.gov/pesticides addresses the 2006 Container and Containment rule, but does not reflect the 2008 amendments. EPA intends to revise this chapter again to reflect the 2008 amendments.
  6. Does the batch code number required by the container and containment regulations in 40 CFR § 156.140(a)(4) need to appear on the product itself, or can it appear on the outermost layer of a shipping container?
    7. The batch code, or other identifying code, can be placed on the label or on the immediate container itself, but it must appear on each individual container. It may not appear only on overwrap or a secondary container such as a cardboard box that could be separated from the container and thrown away.

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Process for Making Label Changes


  1. Can registrants submit their label changes by notification?
    2. The Agency published PR Notice 2007-4 (16 pp, 163k, About PDF) in October 2007 to explain the circumstances in which registrants may make the required label changes by notification. EPA expects that registrants will be able to make the required label changes by notification for most registered products.
  2. Can registrants submit alternate residue removal language for different container sizes or other containers not addressed by the regulatory language? How should the alternate language be submitted?
    3. Yes, registrants can submit alternate residue removal language as an amendment for review by the Product Manager. A label submitted for EPA review that bears alternative statements must indicate the circumstances in which each statement would appear on a final container label. This would be considered a fast-track amendment. In addition, this application would not be subject to registration service fees under the Pesticide Registration Improvement Act (PRIA).
  3. Can registrants make other changes to their storage and disposal statements at the same time that they respond to PR Notice 2007-4 (16 pp, 163k, About PDF)?
    4. If a registrant is responding to PR Notice 2007-4 by notification, then no. The Agency is requesting that no other changes be made to the storage and disposal sections of product labels, or other label language, in notifications submitted in response PR Notice 2007-4. The Agency is requesting this for ease of processing the 2007-4 notification submissions.

    However, if a registrant is responding to PR Notice 2007-4 by submitting an amendment to the Product Manager, then yes, additional changes can be made. As with any amendment, please note all label changes in the submission package.
  4. If an EPA stamped, approved product label already complies with the container and containment requirements, does the Agency still need a notification submission in response to PR Notice 2007-4 (16 pp, 163k, About PDF)?
    5. If your EPA stamped, approved label already complies with the container and containment labeling requirements in 40 CFR part 156 subpart H, then no further action is needed.

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Changes to the Regulations


  1. What changes were made to the container and containment labeling requirements by the final 2008 amendments?
    2. The following are some of the changes EPA made by amending the container and containment regulations:

    • Extended the labeling compliance date from August 17, 2009 to August 17, 2010;
    • Changed the phrase “sold or distributed” to “released for shipment” where it is used in association with compliance dates;
    • Provided for exceptions to some of the container-type labeling requirements for some specific nonrefillable types of containers;
    • Allowed EPA to grant waivers of the container-type label requirements for other refillable and nonrefillable containers on a case-by-case basis;
    • Provided for exceptions to the requirement for residue removal instructions for some specific types of containers; and
    • Corrected minor errors, including typographical errors.
  2. When were the changes made final?
    3. The Agency published a Federal Register notice on October 29, 2008 - Standards for Pesticide Containers and Containment
  3. What does “released for shipment” mean?
    4. The definition of “released for shipment” in 40 CFR § 152.3 is: “…A product becomes released for shipment when the producer has packaged and labeled it in the manner in which it will be sold, or has stored it in an area where finished products are ordinarily held for shipment. Products stored in an area where products are ordinarily held for shipment, but which are not intended to be released for shipment must be physically separated and marked as not yet released for shipment. Once a product becomes released for shipment, the product remains in the condition of being released for shipment until subsequent activities, such as relabeling or repackaging, constitute production.”

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