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Repackaging Pesticides Safely and Legally - December 2004
December 2, 2004
UNIVERSITY PARK, PA - Although transferring pesticides from one container to another may be tempting, doing so could be illegal, according to the Director of the Pesticide Education Program at Penn State.
"Transferring even a small amount of pesticides into any size or type of container is considered 'producing' the pesticide, which is illegal for anyone not authorized and registered as an Environmental Protection Agency (EPA) Establishment," says John Ayers, director of the Pesticide Education Program and professor of plant pathology at Penn State. Furthermore, repackaging pesticides into unmarked containers and without the product label can be a dangerous situation to anyone who comes in contact with the container and its contents.
"Under certain conditions, bulk repackaging into containers designed and constructed to hold more than 55 gallons of liquid or 100 pounds of dry product is permitted. This can only be done in accordance with the specific product directions, and can only be done by those who are registered to do so by the EPA," says Ayers. "Of course," Ayers adds, "applicators can transfer a pesticide from one container to another for dilution and for use in their own operation."
To legally repackage a pesticide, the location must be registered with the EPA and have a current, written authorization from the product registrant (usually the manufacturer). "In addition, the repackaged pesticide must maintain the same level of potency, effectiveness and purity," explains Ayers. "Also, the approved containers used in the transfer of pesticides must be cleaned according to written instructions provided by the registrant to avoid any cross-contamination," Ayers explains. In addition, the EPA-assigned Establishment Number of the repackaging facility must be placed on each product container used to sell or distribute repackaged pesticides. Each repackaging facility must also keep accurate records of receiving, repackaging, sales and shipping of pesticides.
"Many people, even in the industry, don't realize that by not following these guidelines before selling or distributing repackaged pesticides they may be subject to civil penalties of up to $10,000 per offense. In addition, someone who knowingly violates these requirements may face up to a $50,000 fine or a one-year imprisonment, or both. Depending on the circumstances, both the registrant and whoever repackaged the pesticide can be liable for violations," says Ayers.
For more information on pesticide repackaging regulations, visit Penn State's Pesticide Education Program at http://www.pested.psu.edu/. The Pesticide Education Program strives to educate all pesticide applicators and users across the Commonwealth about pest management alternatives, including the safe, proper, and legal use of pesticides when their use is necessary. The program promotes responsible decision-making, which will protect pesticide users, public health, plant and animal health, and the environment.
The safe and judicious use of pesticides can be one component of an integrated pest management (IPM) program. IPM aims to manage pests -- such as insects, diseases, weeds and animals -- by combining physical, biological and chemical tactics that are safe, profitable and environmentally compatible. The Pennsylvania IPM program is a collaboration between the Pennsylvania State University and the Pennsylvania Department of Agriculture aimed at promoting IPM in both agricultural and nonagricultural situations. For more information, contact the program at (814) 865-2839, or Web site http://paipm.cas.psu.edu/. To view our archived news releases, see Web site http://paipm.cas.psu.edu/10.html.