40 Cfr 167

§ 166.53

40 CFR Ch. I (7–1–21 Edition)

(c) Records. Records will be maintained for a minimum of 2 years following the date of expiration of the exemption. On request by the Agency,
these records shall be made available
to the Administrator. Records will include all of the following:
(1) Location where the pesticide was
applied;
(2) Dates of application (range); and
(3) Total quantity of the pesticide
used.
[51 FR 1902, Jan. 15, 1986, as amended at 58
FR 34203, June 23, 1993]

PART 167—REGISTRATION OF PESTICIDE AND ACTIVE INGREDIENT
PRODUCING
ESTABLISHMENTS,
SUBMISSION OF PESTICIDE REPORTS
Subpart A—General Provisions
Sec.
167.3

Definitions.

Subpart B—Registration Requirements
167.20 Establishments
tion.

requiring

registra-

Subparts C–D [Reserved]

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§ 166.53 EPA review of crisis exemption and revocation of authority.
(a) Review. When a crisis exemption
is about to be or has already been declared by a State or Federal agency,
EPA will undertake an expedited review of the pesticide to determine if
use of the pesticide may result in such
unreasonable health or environmental
risks that the crisis authority should
not be exercised or the crisis exemption should be revoked.
(b) Revocation—(1) Individual crisis exemptions. A crisis exemption for the use
of a specific pesticide may be revoked
if the Administrator determines that:
(i) There are insufficient data to determine the risks posed from the use;
(ii) Such action is necessary to protect man or the environment; or
(iii) The State or Federal agency is
not complying with the requirements
of this subpart C.
(2) State or Federal agency authority.
The Administrator may revoke the authority of a State or Federal agency to
issue crisis exemptions for any pesticide if he determines that:
(i) Such action is necessary to protect man or the environment; or
(ii) The State or Federal agency is
not complying with the requirements
of this subpart C.
(c) Reason for revocation. The Agency
shall provide the specific reasons for
revoking an agency’s authority to
issue a crisis exemption and for revoking an issued crisis exemption.

Subpart E—Recordkeeping and Reporting
Requirements
167.85
167.90

Reporting requirements.
Where to obtain and submit forms.

AUTHORITY: 7 U.S.C. 136 (e) and (w).
SOURCE: 53 FR 35058, Sept. 8, 1988; 54 FR
32638, Aug. 9, 1989, unless otherwise noted.

Subpart A—General Provisions
§ 167.3 Definitions.
Terms used in this part shall have
the meanings set forth for such terms
in the Federal Insecticide, Fungicide,
and Rodenticide Act. In addition, when
used in this part, the following terms
shall have the meanings stated below:
Act means the Federal Insecticide,
Fungicide, and Rodenticide Act, as
amended, 7 U.S.C. 136 et seq.
Amount of pesticidal product means
quantity, expressed in weight or volume of the product, and is to be reported in pounds for solid or semi-solid
pesticides and active ingredients or
gallons for liquid pesticides and active
ingredients, or number of individual retail units for devices.
Current production [sales or distribution] means amount of planned production in the calendar year in which the
pesticides report is submitted, including new pesticidal products not previously sold or distributed.
Custom blender means any establishment which provides the service of
mixing pesticides to a customer’s specifications, usually a pesticide(s)-fertilizer(s), pesticide-pesticide, or a pesticide-animal feed mixture, when: (1)
The blend is prepared to the order of

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Environmental Protection Agency

§ 167.20

the customer and is not held in inventory by the blender; (2) the blend is to
be used on the customer’s property (including leased or rented property); (3)
the pesticide(s) used in the blend bears
end-use labeling directions which do
not prohibit use of the product in such
a blend; (4) the blend is prepared from
registered pesticides; (b) the blend is
delivered to the end-user along with a
copy of the end-use labeling of each
pesticide used in the blend and a statement specifying the composition of
mixture; and (6) no other pesticide production activity is performed at the establishment.
Device means any device or class of
devices as defined by the Act and determined by the Administrator pursuant
to section 25(c) to be subject to the provisions of section 7 of the Act.
Establishment means any site where a
pesticidal product, active ingredient,
or device is produced, regardless of
whether such site is independently
owned or operated, and regardless of
whether such site is domestic and producing a pesticidal product for export
only, or whether the site is foreign and
producing any pesticidal product for
import into the United States.
Past year means the calendar year
immediately prior to that in which the
report is submitted.
Pesticidal product means a pesticide,
active ingredient, or device.
Pesticidal product report means information showing the types and amounts
of pesticidal products which were: (1)
Produced in the past calendar year; (2)
produced in the current calendar year;
and, (3) sold or distributed in the past
calendar year. For active ingredients,
the pesticidal product report must include information on the types and
amounts of an active ingredient for
which there is actual or constructive
knowledge of its use or intended use as
a pesticide. This pesticidal product report also pertains to those products
produced for export only which must
also be reported. A positive or a negative annual report is required in order
to maintain registration for the establishment.
Produce means to manufacture, prepare, propagate, compound, or process
any pesticide, including any pesticide
produced pursuant to section 5 of the

Act, any active ingredient or device, or
to package, repackage, label, relabel,
or otherwise change the container of
any pesticide or device.
Producer means any person, as defined by the Act, who produces any pesticide, active ingredient, or device (including packaging, repackaging, labeling and relabeling).
Sold or distributed means the aggregate amount of a pesticidal product released for shipment by the establishment in which the pesticidal product
was produced.
Type of pesticidal product refers to
each individual product as identified
by: the product name; EPA Registration Number (or EPA File Symbol, if
any, for planned products, or Experimental Permit Number, if the pesticide
is produced under an Experimental Use
Permit); active ingredients; production
type (technical, formulation, repackaging, etc.); and, market for which the
product was produced (domestic, foreign, etc.). In cases where a pesticide is
not registered, registration is not applied for, or the pesticide is not produced under an Experimental Use Permit, the term shall also include the
chemical formulation.

Subpart B—Registration
Requirements
§ 167.20 Establishments requiring registration.
(a) Who must register. (1) Any establishment where a pesticidal product is
produced must be registered with the
Agency. This requirement does not
apply to custom blenders as defined in
this part.
(2) Any establishment where a substance is produced must be registered
with the Agency if the producer intends the substance to be used as an
active ingredient of a pesticide, or has
actual or constructive knowledge that
the substance will be used by any person as an active ingredient of a pesticide.
(3) Any domestic establishment producing a pesticidal product for export,
or any unregistered pesticide, or any
foreign establishment producing a pesticidal product for import into the
United States must be registered. Also,
any establishment, either foreign or

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§ 167.85

40 CFR Ch. I (7–1–21 Edition)

domestic, which produces a pesticidal
product for use under an Experimental
Use Permit, FIFRA section 18 Emergency Exemption or section 24(c) Special Local Needs registration, must be
registered.
(b) Information required. An applicant
for establishment registration must
submit the following information:
(1) Name and address of the company.
(2) The type of ownership (individual,
partnership, cooperative association,
corporation, or any organized group of
persons whether incorporated or not).
(3) The name and address of each producing establishment for which registration is sought.
(c) When to apply. An application for
establishment registration must be
submitted, and an establishment registration number must be assigned by
the Agency, before any production may
occur at an establishment. In the case
of an establishment which has not previously been required to be registered
and is not currently registered, the
producer must apply for establishment
registration by submitting an application within 180 days after the effective
date of this regulation.
(d) Assignment of establishment registration number. The Agency will return incomplete or inaccurately completed applications to the applicant. If
the application is complete and accurate, the Agency will register the establishment and assign a registration
number to the establishment. The establishment registration number will
be entered on the application, and a
copy of the application will be returned
to the applicant.
(e) Amendment. If at any time after
the first report there is a change in the
information required to be submitted
under paragraph (b) of this section,
that new information must be reported
to EPA, in writing on letterhead stationery or on forms supplied by the
Agency, within 30 days after such
change occurs.
(f) Duration of registration. Establishment registration will remain effective
provided pesticide reports are submitted annually pursuant to the requirements of this part. Failure to submit a report may result in termination

of establishment registration, civil
and/or criminal penalty assessments.
[53 FR 35058, Sept. 8, 1988; 54 FR 32638, Aug.
9, 1989, as amended at 58 FR 34203, June 23,
1993]

Subparts C–D [Reserved]
Subpart E—Recordkeeping and
Reporting Requirements
§ 167.85

Reporting requirements.

(a) Who must report. Each producer
operating an establishment must submit the reports required by this section
concerning any pesticide, active ingredient, or device produced at each establishment. Custom blenders are not required to report production to the
Agency.
(b) Information required. The pesticide
report shall include the following: (1)
Name and address of the establishment; (2) amount of each pesticidal
product: (i) Produced during the past
year; (ii) sold or distributed during the
past year; (iii) estimated to be produced during the current year. The report shall only include those pesticidal
products actually produced at the reporting establishment. Reports submitted by foreign-producing establishments shall cover only those pesticidal
products exported to the United States.
(c) How to report. The reports required by this section must be made on
forms supplied by the Agency. It is the
ultimate responsibility of companies to
obtain, complete, and submit the form
each year.
(d) When to report. A producer operating an establishment must submit an
initial report no later than 30 days
after the first registration of each establishment the producer operates.
Thereafter, the producer must submit
an annual report on or before March 1
of each year, even if the producer has
produced no pesticidal product for that
reporting year.
[53 FR 35058, Sept. 8, 1988; 54 FR 32638, Aug.
9, 1989, as amended at 58 FR 34203, June 23,
1993]

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§ 168.22

§ 167.90 Where to obtain and submit
forms.

Subpart D—Export Policy and Procedures
for Exporting Pesticides

(a) Where to obtain forms. Any person
may obtain blank forms for the applications and reports required by this
part from any EPA Regional Office, or
from the address listed in paragraph (b)
of this section.
(b) Where to submit applications and reports. Each producer operating an establishment, with the exception of
those establishments not found at the
same location as their company headquarters, must submit applications and
reports required by this part to the
EPA Regional Office which serves the
area where the establishment is located. The list of Regional Office addresses is found in 40 CFR 1.7. Applications and reports for those establishments not found at the same location
as their company headquarters to be
submitted by the company headquarters to the Regional Office having
jurisdiction over the State in which
the company headquarters is located. A
foreign producer who exports any pesticide product, device, or active ingredient to the United States must submit
all applications and reports to:

168.65 Applicability.
168.66 Labeling of pesticide products and devices for export.
168.67 Definitions.
168.68 [Reserved]
168.69 Registered export pesticide products.
168.70 Unregistered export pesticide products.
168.71 Export pesticide devices.
168.75 Procedures for exporting unregistered
pesticides—purchaser acknowledgement
statements.
168.85 Other export requirements.

U.S. Environmental Protection Agency, Office of Enforcement and Compliance Assurance, Office of Compliance, Agriculture
and Ecosystems Division (2225A), Ariel
Rios Building, 1200 Pennsylvania Avenue,
N.W., Washington, DC 20460, ATTN: FIFRA
Foreign Establishment Registration Contact.
[53 FR 35058, Sept. 8, 1988; 54 FR 32638, Aug.
9, 1989, as amended at 62 FR 49620, Sept. 23,
1997; 65 FR 4577, Jan. 31, 2000]

PART 168—STATEMENTS OF ENFORCEMENT POLICIES AND INTERPRETATIONS
Subpart A—General Provisions [Reserved]

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Subpart B—Advertising
Sec.
168.22 Advertising of unregistered pesticides, unregistered uses of registered
pesticides and FIFRA section 24(c) registrations.

Subpart C [Reserved]

AUTHORITY: 7 U.S.C. 136–136y.
SOURCE: 54 FR 1125, Jan. 11, 1989, unless
otherwise noted.

Subpart A—General Provisions
[Reserved]
Subpart B—Advertising
§ 168.22 Advertising of unregistered
pesticides, unregistered uses of registered pesticides and FIFRA section 24(c) registrations.
(a) FIFRA sections 12(a)(1) (A) and
(B) make it unlawful for any person to
‘‘offer for sale’’ any pesticide if it is unregistered, or if claims made for it as
part of its distribution or sale differ
substantially from any claim made for
it as part of the statement required in
connection with its registration under
FIFRA section 3. EPA interprets these
provisions as extending to advertisements in any advertising medium to
which pesticide users or the general
public have access.
(b) EPA regards it as unlawful for
any person who distributes, sells, offers
for sale, holds for sale, ships, delivers
for shipment, or receives and (having
so received) delivers or offers to deliver
any pesticide, to place or sponsor advertisements which recommend or suggest the purchase or use of:
(1) Any pesticide for a use authorized
under a FIFRA section 5 experimental
use permit (EUP).
(2) Any pesticide for a use authorized
under a FIFRA section 18 emergency
exemption, except for advertisements
that:
(i) Are placed in media which address
primarily persons in the geographical
area to which the exemption applies.

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