Repackaged without a contract
Updated
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How it happens
A distributor buys a registered sanitizer in bulk and fills smaller jugs for customers, reasonably believing that buying the product included the right to repackage it. The rule says otherwise and says so explicitly.
What was missing
The written contract with the registrant to repackage the product and to use their label, and very often the EPA establishment registration and a subpart C container as well. Three of five conditions in one common practice.
The violation is named
Repackaging a pesticide product for distribution or sale without either obtaining a registration or meeting all of the conditions is a violation of section 12 of the Act. There is no good-faith exception in the sentence.
And it reaches the registrant
Both you and the pesticide product’s registrant may be liable for violations pertaining to the repackaged product. A registrant who discovers this will act quickly, because their exposure is as real as yours.
Relabeling makes it worse, not better
The permitted changes are an appropriate net contents statement and the refiller’s EPA establishment number. Putting your own brand on a repackaged registered product adds a second problem to the first.
The lawful version is available
Ask the registrant for the contract, register the establishment, get their written description of acceptable refillable containers and buy one. It is a real process with real lead time and it is entirely achievable.
Until then, sell it in the registrant’s packaging
Which is the simple answer that too rarely gets considered. Distributing a registered product as the registrant packaged it carries none of these obligations.
Good faith is common here and irrelevant
Almost everyone who does this believes buying the product included the right to repackage it, which is a reasonable thing to assume and not what the rule says. The absence of a bad motive does not appear anywhere in section 12.