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Repackaging a pesticide

The label is part of the container

Updated

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40 CFR 156.10 is a labeling rule that reads like a packaging specification.

On or securely attached to the immediate container

That is the requirement, and the rule then defines the term: securely attached means a label can reasonably be expected to remain affixed during the foreseeable conditions and period of use. An adhesive performance requirement, in a pesticide labeling regulation.

And on the outer packaging if it hides the label

If the immediate container is enclosed within a wrapper or outside container through which the label cannot be clearly read, the label must also be securely attached to that outer wrapper or container where it is part of the package as customarily distributed.

Type size and background are specified

All required label text must be set in 6-point or larger type, appear on a clear contrasting background, and not be obscured or crowded. That is a layout constraint on a jug whose panel is already carrying directions for use.

Legibility is framed around the reader

Required information must be clearly legible to a person with normal vision and placed with such conspicuousness, compared with other matter on the labeling, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

Bulk storage has its own clause

Where pesticide products are stored in bulk containers, mobile or stationary, that remain in the custody of the user, a copy of the label or labeling including all appropriate directions for use shall be securely attached to the container in the immediate vicinity of the discharge control valve.

Which is the dispensing-system requirement

A proportioner fed from a drum or a tote is exactly that situation. The labeling goes next to the valve, not in a folder in the janitor’s closet, and that is a physical placement obligation.

The establishment number can be left blank for a refiller

For a product packaged in a refillable container, an appropriately sized area on the label may be left blank after the phrase "EPA Est." to allow the refiller to mark their number in. The rule anticipates refilling in the label design itself.

References

40 CFR 156.10, Labeling requirements. Paragraph (a)(4) requires the label on or securely attached to the immediate container, defines securely attached as reasonably expected to remain affixed through the foreseeable conditions and period of use, and for bulk containers in the user’s custody requires a copy of the labeling in the immediate vicinity of the discharge control valve. Paragraph (a)(2)(ii) sets 6-point or larger type on a clear contrasting background; (e) and (f) cover "EPA Registration No." and "EPA Est.". law.cornell.edu
40 CFR 165.70, Refillers who are not registrants. Paragraph (b) sets the five conditions under which a registrant may let you repackage their product into refillable containers, including an EPA-registered refilling establishment and a written contract; paragraph (c) makes repackaging without them a violation of section 12 of the Act for which both you and the registrant may be liable. law.cornell.edu
Written from federal regulation, not from a plant floor. FIFRA is administered by EPA and the states have their own pesticide programs on top of it. Nothing here is a registration, a contract or a finding that a container complies; those are the registrant’s, the lawyer’s and the container manufacturer’s to give.