Five questions. If the first two go the wrong way, there is no packaging project here at all.
One: is it a pesticide, or will your words make it one?
Does the product, or anything you publish about it, claim to destroy or suppress harmful microorganisms on surfaces? Check the label, the spec sheet, the website, the listings and the bid responses, because the claim lives in all of those.
Two: if it is, do you hold a written contract?
A written contract with the registrant to repackage the product and to use their label, provided to you before they sold you the product. Without it, repackaging for distribution or sale is a violation of section 12 of the Act.
Three: is your establishment registered with EPA?
Registered as a producing establishment under 40 CFR 167.20, in your name. The repackaging has to happen at or be done by such an establishment, and the registrant cannot supply this for you.
Four: does the container meet subpart C?
Designed, constructed and marked to the 49 CFR requirements the rule enumerates, and named in the registrant’s own written description of acceptable refillable containers. Nothing in our catalog carries that marking.
Five: is the label the registrant’s, with only the two permitted changes?
An appropriate net contents statement and your EPA establishment number. And the label has to be securely attached in the sense the rule defines, in 6-point or larger type on a clear contrasting background.
And for a non-pesticide, the shorter list
Safety data sheet, hazard communication on the shipped container, a dilution instruction somebody will actually follow, and a liner tested against your chemistry. That is an ordinary packaging project and this shelf serves it.
Write the claim rules down
One page for whoever writes copy and answers customer questions, listing what may and may not be said and why. Every failure on these pages starts with a sentence somebody wrote without knowing what it cost.
References
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.edu40 CFR 165.67,
Registrants who distribute or sell pesticide products to refillers for repackaging, the mirror of 165.70. Paragraph (d) requires the registrant to provide the written contract to the refiller before the product is distributed or sold to them; paragraph (e) keeps the registrant responsible for product integrity.
law.cornell.edu40 CFR 165.45,
Refillable container standards. Paragraph (a)(1) requires a non-DOT-hazardous pesticide in a portable refillable container to be designed, constructed and marked to comply with an enumerated list of 49 CFR requirements for a Packing Group III material, including parts 178 and 180; paragraph (b) requires full 49 CFR parts 171-180 packaging where the product is a DOT hazardous material.
law.cornell.edu40 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.eduUnited States Environmental Protection Agency,
What are Antimicrobial Pesticides?, for products making claims about microorganisms on surfaces.
epa.gov29 CFR 1910.1200,
Hazard Communication, which sets what a shipped container of a hazardous chemical carries and requires a safety data sheet.
law.cornell.edu 