This is more challenging than it might seem because the Agency’s provisions and directions on which statements are required and which are optional are scattered in at least four locations – regulations at 40 CFR 156.10(i)(2)(ix) and 156-140-156.159; Pesticide Registration (PR) Notices 83-3, 84-1, 84-5, 94-2, 2007-1, and 2007-4; Registration Eligibility Decision (RED) documents; and Registration Review Decisions for active ingredients.
A large part of the difficulty in assembling and communicating information on placing the appropriate storage and disposal statements on pesticide labels/containers is the dizzying number of conditions posed by different types of pesticides, containers, and uses.
Some pesticides must have instructions for residential use while others are intended to professional applicators; toxic and non-toxic substance require different instructions; requirements for the removal of residues vary; and instructions are dependent on the material the container is made of and whether it is intended for disposal or reuse.
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EPA has attempted to summarize these requirements in a chapter entitled “Storage and Disposal” in its Label Review Manual. The chapter was updated in January 2012. We recommend that pesticide registrants carefully review the chapter to direct them to the documents and rules appropriate to their products. Here are general points to start off with:
- According to 40 CFR 156.10(i)(2)(ix), pesticide products must have label instructions for the storage, residue removal, and disposal of pesticides and pesticide containers.
- For many years, the content of these storage and disposal instructions was established in PR Notices. The labels of pesticide products released for shipment after August 16, 2011, must bear storage and disposal instructions that also conform with the requirements in Subpart H – Container Labeling, 40 CFR 156.140 – 156.159.
- The storage and disposal section of the label must have instructions on how to store a product, dispose of leftover pesticides, clean an empty container (for certain types of pesticides and containers), and dispose of an empty container if recycling or reconditioning is not an option.
- The storage and disposal section of a label may have instructions on how to dispose of pesticide rinsate and return the container for refilling (for sale or distribution) if it can be reused.
- Storage and disposal instructions (except for batch codes) must be grouped together under the heading “Storage and Disposal” and should be within the “Directions for Use” section at the end while clearly set apart (blocked or in a box) from the rest of the “Directions for Use.”
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- The container type, container reuse, and container recycling or reconditioning statements can be on the container, but cleaning instructions must always be on the label itself.
- Any container statement required by 40 CFR 156.140 – 156.159 and put directly on the actual container itself must be durably marked, for example, by etching, embossing, ink jetting, stamping, heat stamping, mechanically attaching a plate, molding, or marking with durable ink.
- If the container is nonrefillable and the container handling statements are placed on the label, registrants must use an appropriate subheading under the heading “Storage and Disposal” (See 156.140(a)). For refillable containers it is suggested (not required) that there be a “Storage and Disposal” subheading. One subheading commonly used, but not required, is “Container Handling.”
- Registrants must have instructions for proper storage of pesticides. EPA provides preferred storage instructions for certain active ingredients; suggested statements for other products; and guidelines for registrants developing their own instructions.
- Guidelines for developing storage statements include consideration of issues such as temperature and humidity; positioning of the container; ability to withstand shock or friction; movement within the storage area; proper opening and closing; what to do if the container is damaged and if the pesticide is leaking; spill prevention; cleanup; security; inspections; recordkeeping; and ventilation and lighting.
- Registrants must provide appropriate instructions on how to dispose of leftover or unused pesticides; the statements must be specific to the uses of the product (e.g., residential or nonresidential use) and the type of container and whether the pesticide is or is not highly toxic or a hazardous waste.
EPA’s manual provides many examples of specific language required by regulation or recommended. But, again, the manual should be used only as an introduction to the regulations and other official documents.