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The federal pesticide labeling regulations are complex—and understandably so. Many pesticides are extremely hazardous substances that are available to the general public in large quantities and a vast number of products. Releasing these substances into the home and the environment poses many risks, often to vulnerable individuals such as children and the elderly. Congress has written laws that attempt to mitigate the risks by providing the EPA with the authority to require that manufacturers and distributors label their products with detailed instructions on use, storage, disposal, and other safe-handling practices. The instructions extend to empty pesticide containers, which may have residuals that can also pose risks.
Registration Approval
Labels on all pesticides subject to federal law and sold or distributed in the United States must be approved by the EPA through its registration process. The federal pesticide labeling regulations at 40 CFR Part 156 also allow the EPA to grant requests for waivers from the requirements. Documents such as the LRM and Pesticide Registration Notices (PRNs) often address labeling requirements–must-do actions–and recommendations – should-do actions. Even though should-do actions are not required, their presence or absence on a label can have an impact on how quickly the label moves through the registration process.
There are no shortcuts to mastering pesticide labeling requirements. The federal regulations at 40 CFR Part 156 are the first source of compliance information; supporting documents such as the LRM and PRNs may provide clarifications, but they do not substitute for the regulations.
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Labeling Points
With that background, here are 11 pointers on storage and disposal statements for pesticide containers.
1. 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, and dispose of an empty container if recycling or reconditioning is not an option.
2. 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.
3. 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 (e.g., blocked or in a box) from the rest of the “Directions for Use.”
4. The container type, container reuse, and container recycling or reconditioning statements can be on the actual container (not on the closure). However, the cleaning instructions must always be on the label itself, not on the container. When statements are on a container, the label must have an appropriate statement under “Storage and Disposal” that informs the user where to find the information.
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5. Any container statement required by 40 CFR 156.140 to 156.159 and put directly on the actual container must be durably marked, for example, by etching, embossing, ink jetting, stamping, heat stamping, mechanically attaching a plate, molding, or marking with durable ink.
6. The EPA has preferred storage statements for products with nine specific active ingredients: calcium hypochlorite–liquid and solid; chloropicrin; ethylene oxide, etridiazole, sodium hypochlorite–liquid; sulfuryl fluoride; methyl bromide and methyl bromide plus 2 percent or less chloropicrin; phosphide–aluminum and magnesium; and sodium cyanide. The LRM chapter provides the preferred statements in Attachment A.
7. A list of EPA-suggested storage statements for all other products (not listed in Attachment A) is provided in Attachment B of the storage and disposal chapter.
8. For active ingredients that do not have EPA-recommended storage statements, pesticide registrants may develop their own statements. The LRM chapter lists points that should be considered in developing statements. These include possible effects of temperature and humidity on the pesticide; whether the container should be positioned in a certain way during storage; and general precautions, such as locking the storage area, ensuring against contamination by other chemicals, and not using an empty container for other products/purposes.
9. Registrants must provide appropriate instructions on how to dispose of leftover or unused pesticides. Pesticide disposal statements are specific to the uses of the product (e.g., residential or nonresidential use) and whether it is a hazardous waste when discarded or highly toxic.
10. If the container is nonrefillable, the label must have: a subheading, such as “Container Handling,” on the label under the heading “Storage and Disposal”; the nonrefillable container statement; reuse limitations; when to clean (for dilutable pesticides); how to clean (for dilutable pesticides); how to recycle or recondition (should also state how to dispose); and batch code.
11. If the container is refillable, the label must have the refillable container statement; reuse limitations; who is responsible for cleaning and when; and how to clean. Also, the label should have container return or disposal instructions. The EPA recommends that these instructions appear on the label under a subheading such as “Container Handling.”