The written contract

The five conditions

No change to the pesticide formulation. An EPA-registered refilling establishment. A written contract with the registrant to repackage the product and to use their label. Refillable containers meeting subpart C. The registrant’s label unchanged except for net contents and your establishment number.

All of them, not most of them

The rule says all of the following are satisfied. There is no partial compliance, and repackaging without either your own registration or every one of the conditions is a violation of section 12 of the Act.

Both parties can be liable

The rule says so in terms: both you and the pesticide product’s registrant may be liable for violations pertaining to the repackaged product. That is why a registrant will take the contract seriously even when you would rather move quickly.

The contract comes before the product

The mirror section on registrants requires the registrant to provide the written contract to the refiller before they distribute or sell the product to them. So the sequence is contract, then shipment, then repackaging.

Your establishment registration is yours to get

The repackaging has to occur at, or be done by, a refilling establishment registered with EPA as a producing establishment. That is a registration in your name and the registrant cannot supply it for you.

The label stays theirs

Labeled with the product’s label, with no changes except an appropriate net contents statement and the refiller’s EPA establishment number. Your own brand on the front is not among the permitted changes, which often surprises a distributor.

And the registrant owes you documents

A registrant selling in refillable containers must develop a written refilling residue removal procedure and a written description of acceptable refillable containers. Those are the documents that tell you what container and what cleaning the product requires.

References