The United States Environmental Protection Agency (EPA) is the federal agency given authority to regulate pesticides in the U.S. EPA regulation allows manufacturers to enter into contracts with dealers/contractors for the repackaging of pesticide product.
Anyone engaged in pesticide repackaging must comply with the following requirements:
- Register each repackaging site as a “pesticide producing establishment” (obtain “EPA Establishment Number or EPA Est. No.). See EPA's guidance on Pesticide Establishment Registration and Reporting.
- Obtain written contract from the manufacturer to repackage the product and for use of the registered label. If repackaging refillable containers, registrants must develop and provide repackagers with:
- a procedure to clean containers and
- a description of acceptable containers.
- Record the dealer’s/contractor’s assigned EPA Est. No. and Net Contents on the product’s label that is attached to each repackaged container.
- Keep records as required by federal law (shipping, receiving, filling, etc.).
- Annually report to EPA the amount of pesticide repackaged (EPA Production Report). See EPA's guidance on Pesticide Establishment Registration and Reporting.
Dealers/contractors who repackage pesticides must review, understand, and strictly adhere to the signed repacking contract received from the manufacturer. The contract must be current. In all cases, when repackaging pesticides, the containers must meet the requirements as described in the repackaging contract and or the list of acceptable containers and refillable containers must be cleaned and refilled according to written instructions provided by the manufacturer.
A dealer/contractor repackaging, selling and distributing a repackaged pesticide without a written contract from the manufacturer is considered to be distributing an unregistered pesticide product and would be subject to enforcement action and stop sale orders.
Questions regarding the repackaging contract provided to you by the manufacturer (including questions regarding manufacturer approved, accepted containers and or written instructions on cleaning containers) should be directed to your local salesperson.
This information was prepared by the MDA to provide guidance to those who repackage pesticides at their facilities. This guidance is intended to supplement – not replace – Federal and State laws.
